CO129-411 - Governor Sir May - 1914 [5-7] — Page 508

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Report on an Ordinance

entitled An Ordinance to make provision for the

protection of certain Wild Birds and Game,

1/- This Ordinance was introduced in accordance with the directions

contained in the Secretary of State's Confidential Circular despatch

of the 21st July 1913 and his further confidential despatch of the

20th February 1914, and it embodies generally the provisions of the

antigua Ordinance, no. 3 of 1913, thich was enclosed in the latter

despatch. The points on which it departe from the Model of the

Antigua Ordinance are noted below.

It also incorporates the provisions of the now repealed Wild

Birds and Ga e Preservation ordinance, 1355, mitin regard to licen-

sing, and with regard to deer, here, and rabbits.

2/- Sections 1 and 2 are formal.

Section 5 defines "ate" na including every description of

deer, hare and rabbit, which are the only kinds of Bule other

than jare birds, found or likely to be found in the Colony.

It was thought convenient to deal with these in this Ordi-

hange, as they were dealt with in the former Ordinance, Ta. 6

of 1885, now repcaled, and the following remarks on the corres-

pondence between the sections of this Ordinance and those of the

Antigua Ordinance must be takes as subject to the introduction

of the necessary reference to "game" as so defined, The defini-

tion of "wild bird" contained in the Antigua Ordinance did not

seed to be required as Schedule A to this Ordinance does not

take the form of a list.

section 4 is practically the same as section 3 of the Antigua

Ordinance but the word "wilfully" has been omitted in clause (1),

as it did not seem to make any difference in the effect of the

enactment and as it occurs only in this clause in the Antigua

Ordinance. For the game reason the word "knowingly" has been

omitted in section 6 which is founded on section 4 of the Antigua

Ordinance. It seemed desirable also to avoid giving the oppor-

tunity,

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for the founding of an- defence on such a difference in phraseolog;

Section 5 is taken from section 3(1) of Ordinance No. 6 of

1885 with slight alterations.

Section 6 is, but for the extent of the close season, prac-

tically the same as section 4 of the Antigua Ordinance, with the

aldition of the red ink alterations referred to in the Secretary

of State's despatch, The length of the close season has been

fixed in accordance with the best local expert opinion at the dis-

As explained above, the word "know-

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nosal of the Government.

ingly" has been omitted in this section.

Section 7 is the same as Section 5 of the Antiqua Ordinance

with one necessary verbal alteration.

1885.

Section 8 is taken from section 3(2) of Ordinance No. 6 of

The prohibition against selling pheasants and partridges

in the close season has been bitted as its object is achieved

by section 6 of this ordinance.

Section 9 is the salie as seation 8 of the Antigua Ordinance

Section 10 is practically the same as section 7 of the

Antigua Ordinance, with the addition of a reference to breaches of licence conditions, and with the substitution of $50 for £5.

Sections 11 and 12 are the same as sections 11 and 12 of

the Antigua Ordinance.

Section 13 is practically the same as section 13(1) of the Antigua Ordinance. It seemed unnecessary to adopt sub-section B (2) and (3) of that section in view of section 40 of the Inter-

pretation Ordinance, 1911.

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Section 14 gives the Governor-in-Council power to alter

the Schedules and covers section 14 of the Antigua Ordinance.

The provisions of sections 8 and 10 of the Antigua Ordinance are unnecessary here, and it also seemed unnecessary to adopt

section 9 of that Ordinance.

Schedule A to the Ordinance includes all the birds which

It comprises all are to be protected throughout the whole year.

the birds specified in the first part of Kr. Ogilvie-Grant's list