CO885-(2-3) — Page 497

AND ALSO AS TO PRESERVATION OF GAME

117

MEMORANDUM on the Despatch of the Secretary of State for the Colonies, addressed to his Excellency the Governor, dated the 2nd August, 1870.

AUSTRALIAN COLANTES.

3 Vict., No.

6 Virt. No.

11 Viet.

21 Vict.. No. 7.

21 Virt.. No, H.

The several Ordinances of Western Australia on the subject of Trespass, specified in the margin, seem sufficiently explanatory in their preambles. With regard to the 32 Viet., No. 2, it may be observed, it seemed called for in order to give legal effect to that part 2. of the Regulations for the sale, letting, disposal, and occupation of the Waste Lands of 2. the Crown [Imperial Statutes 18 & 19 Vict, cap. 57, sec. 7], which declared that purchasers of land within the limits of Class A licences and Class B leases should have no claim for trespass by stock, unless committed within lands that might at the time of trespass be properly fenced.

With reference to laws for the preservation of game, as yet no such regulations have 86 14. been made law in Western Australia.

GEORGE F. STONE,

5th October, 1870.

(Signed)

2x Virt..

Attorney-General.

23 Vict.. No. 15.

30 Vict. No. 6.

32 Virt.. Nu, 2.

PUBLIC RECORD OFFICE

Reference -

C.O.885

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC COPYRIGHT PHOTOGRAPH-NOT TO

PUBLIC RECORD OFFICE. LONDON

1870

Blackbirds

Starlings

Landrails

Wild Ducks

Teal

Plover

Water Hens

Nankeen Birds

Cese-

NATIVE BIRDS.

Close season-1st September to 30th November.

Widgeon

Bitterns

Herons

Quail

Black Swans

Grey White

Black

Turkey Bustards

Pheasants

Emus

Laughing Jackasses

Close season-1st August to 30th November.

Magpies

Pigeons

Curlews

No. 43.

WESTERN AUSTRALIA.

Cory of a DESPATCH from Governor WELD to the EARL of KIMBERLEY.

(No. 134 MY LORD,

Government House, Perth, 5th October, 1870.

With reference to your Lordship's Circular Despatch, dated August 2nd, 1870, o asking for information respecting the laws in force in this Colony as to Trespass, and also as to the Preservation of Game, I have the honour to transmit to you the Memo- randum by the Attorney-General on this subject, enclosing copies of enactments in force in this Colony having reference to Trespass.

The Right Hon. the Earl of Kimberley,

&c.

&e.

&c.

I have, &c..

(Signed) FRED. A WELD,

Governor,

WESTERN AUSTRALIA.

ANNO TERTIO VICTORIE REGINA.

No. 2.

Prennible.

As ACT to provide a remedy against Horses and other Live Stock straying in Towns, and to prevent Entire Horses and Bulls straying in any part of the Colony. WHEREAS, the practice of permitting horses and other live stock to stray about towns, without being attended by any keeper, is the cause of much injury and annoyance, and is productive of danger to the inhabitants: Be it therefore enacted by the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legis- Any person lative Council thereof, that any person who shall suffer any horses, cattle, or any other suffering description of live stock to go loose about any town without being attended by a keeper, description of shall, upon conviction thereof before any Justice of the Peace, for every such offence, if stray about a committed in the day-time, forfeit and pay any sum not less than Five shillings, nor more tow, to forfeit than Twenty shillings, but if committed in the night-time, then any sum not less than 5 or m Ten shillings, nor more than Forty shillings,-notwithstanding that the animal shall not than 20 if in have been seized or detained; but if the animal shall have been seized and detained, and not h then the Justice shall, over and above such fine, allow in his discretion any reasonable than nor sum to the person so seizing and detaining the same as a remuneration for his time, and if in the night- in proportion to the trouble and expense incurred.

livestock to

Hok less than

the day-time.

more than 40%.

time.

An persou

bull to stray.

than two

II. And whereas great injury has arisen to the breed of horses and horned cattle by suffering any reason of entire horses and bulls being allowed to stray and run at large: Be it there entire horse or fore enacted, that on proof before any Justice of the Peace that any entire horse or bull to forfeit any has been wilfully or negligently suffered to stray and run at large within the said not as Colony, whether on a townsite or not, the owner of any such horse or bull above the age pods or of one year shall forfeit and pay any sum not less than Two pounds, nor more than Four than four pounds, if the offence be committed in the day-time: and any sum not less than Three the day-time. pounds, nor more than Five pounds, if the offence be committed in the night-time.

III. And be it further enacted, that nothing in this Act contained shall be construed to prevent any person from recovering any amount of damage for trespass to which he may be entitled under any other Act in force in the said Colony.

pounds, if in

and not less than three

pounds. nur

pounds, if

Tore than

committed in

night- This Act

the

from recover-

IV. And be it further enacted, that all fines and penalties imposed by this Act shall ti be recovered in a summary way before any Justices of the Peace for the said Colony, not to prevent and shall, if not paid within six days after conviction, be levied by distress and sale of any person the offender's goods and chattels; and the money arising by such fines, penalties, and ingy forfeitures, shall go one-half to the use of our Sovereign Lady the Queen, for the support dang t of the Government of the said Colony, and the other half to the person informing or be entitled complaining of the offence committed.

under any

other Act.

Penalties

In be recovered

* summary

V. And be it further enacted, that this Act shall continue in force for three years from the date of its passing the Legislative Council, and from thence to the end of the and feltures next sitting of the Legislative Council.

(Signed) JOHN HUTT,

Governor and Commander-in-Chief,

way, and to ge une half to tlolonial Fuud, and on half to the party com

plaining.

Art to crit

tiune in for

Passed the Legislative Council the 28th day of October, 1839,

(Signed)

WALKINSHAW COWAN,

Clerk of the Council.

for three years