Page images
PDF
EPUB

three calendar months' notice to that effect from the Minister of Lands or under the hand of any person duly authorized by him in that behalf, and delivered at the house or office of the said Lessee, or published in four consecutive numbers of the British Columbia Gazette, absolutely to forfeit all the rights and privileges of entering, cutting spars, timber, or lumber, or otherwise, hereby conveyed, or so much thereof as shall be specified in that behalf in any such notice, and thereupon these presents and all the rights and privileges therein contained shall, so far as is in accordance with such notice, cease, determine, and be of none effect, any rule of law or equity to the contrary notwithstanding, without any actual re-entry on the part of the said Lessor, or inquisition, or office found, or other proceeding whatever: Provided that these presents may be renewed for consecutive and successive periods of twenty-one years; but these presents shall not be so renewed unless the renewal is applied for within one year previous to the expiration of the term hereby demised or of the period of the then current renewal thereof, and all the conditions hereof and all regulations prescribed by or under any Act of the Legislature of the said Province from time to time concerning the cutting, scaling, and removal of timber and the disposal of debris and the prevention of fire have been complied with to the satisfaction of the said Minister of Lands, and all charges prescribed by or under any Act of the said Legislature in respect of the lands hereby demised for the upkeep of a system of fire prevention and extinguishment, together with all royalties, rentals, scaling fees, and other charges, have been duly and fully paid; and these presents and the removal, manufacture, sale, and disposal of the timber held thereunder shall, during the term hereby demised and any renewal thereof, be subject to the like terms, conditions, and royalties as under any Act of the said Legislature are from time to time in force in respect of timber held or cut under special timber licence in that portion of the Province wherein the lands hereby demised are situate; and these presents shall also during the period of any such renewal be subject to the payment of ground-rent each year at a rate per acre of the land comprised therein calculated as the six-hundred-andfortieth part of the annual renewal fee payable that year, pursuant to Statute in that behalf, in that portion of the said Province wherein the said land is situate for a special timber licence covering six hundred and forty acres.

[ocr errors]

IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written: WITNESS, His Honour the Lieutenant-Governor of British Columbia, acting on behalf of His Majesty, and the Great Seal of the Province of British Columbia hereunto affixed.

Signed, sealed, and delivered)

by the within-named

in the presence of

By Command.

Provincial Secretary.

VICTORIA, B.C.:

Printed by WILLIAM H. CULLIN, Printer to the King's Most Excellent Majesty.

1923.

[graphic][subsumed][subsumed][subsumed][merged small][merged small][merged small][merged small]

H'

IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1. This Act may be cited as the "Game Act Amendment Act, Short title. 1923."

2. Section 2 of the "Game Act," being chapter 33 of the Statutes Amends s. 2. of 1914, is amended by adding thereto the following definitions:

666

Tanner' means any person who carries on the business of
unhairing, fleshing, tanning, plucking, dressing, or dyeing
the pelts or skins of fur-bearing animals, big game, or game

birds:

"Taxidermist' means any person who carries on the business
of preparing, preserving, stuffing, or mounting the pelts or
skins of fur-bearing animals, big game, or game birds:
"Trap' includes any snare or net or other device capable of
being used for the taking of game:

666

Trap-line' means any line of traps laid out or set by a
licensed trapper for the taking of fur-bearing animals."

3. Section 3 of said chapter 33 is repealed, and the following is Re-enacts s. 3. substituted therefor:

"3. (1.) This Act shall not apply:

"(a.) To any imported cage-bird or to any domestic animal or

bird:

"(b.) To any fish, animal, bird, or eggs secured or had by any person duly authorized in that behalf under the provisions of the Provincial Museum Act':

Re-enacts s. 5.

Amends s. 7.

"(c.) To the trapping or shooting by any person upon premises owned or occupied by him of any animals of the family mice or rats, or ground-squirrels (commonly called gophers), or any animal or bird that is a menace to the domestic animals or birds of such person:

"(d.) To any Game Warden or constable in respect of the carrying of firearms.

"(2.) Notwithstanding the provisions of this Act, any farmer or his permanent employee residing upon the land may shoot any deer that is found actually depasturing upon any land of the farmer then in a state of actual cultivation, and may shoot or trap any bear that is a menace to the domestic animals, orchard, or crops of the farmer, and may shoot any fur-bearing animal which he finds actually destroying any of the domestic animals or birds of the farmer; but the provisions of this subsection shall not apply in respect of any deer or bear or fur-bearing animal which is wounded, killed, or taken, unless the farmer or his employee forthwith reports in writing signed by him to a Game Warden the facts relating to the wounding, killing, or taking of the deer or bear or fur-bearing animal.

"(3.) Notwithstanding the provisions of this Act, any farmer or his permanent employee residing upon the land within any part of the Province in which this subsection is declared by Order of the Lieutenant-Governor in Council to apply may shoot any pheasant which is found to be actually doing damage by feeding upon any land of the farmer then actually seeded to crop, or actually doing damage to the crop growing on any land of the farmer; but the provisions of this subsection shall not apply in respect of any pheasant which is shot unless the farmer or his employee forthwith reports in writing signed by him to a Game Warden the facts relating to the shooting and disposal of the pheasant."

4. Section 5 of said chapter 33 is repealed, and the following is substituted therefor:-

"5. No person shall take, injure, destroy, or have in his possession any nest or eggs of any bird whatsoever, save and except goshawks, Cooper hawks, sharp-shinned hawks, duck-hawks, pigeon-hawks, eagles, great horned owls, snowy owls, pigmy owls, ravens, crows, magpies, blue jays, Japanese starlings, and English sparrows."

5. Section 7 of said chapter 33 is amended by adding thereto the following subsection :

"(2.) No person shall remove the head or any part of the head from the carcass of any deer which has been killed until the carcass has been transported to the place where it is proposed to consume the carcass; and no person shall transport, or have in his possession for the purpose of transporting, the carcass of any deer from which the head or any part of the head has been removed."

6. Section 8 of said chapter 33 is amended by striking out clause Amends s. 8. (d), and substituting therefor the following:

"(d.) Any bird whatsoever, save and except game birds, as

defined in this Act, and goshawks, Cooper hawks, sharp-
shinned hawks, duck-hawks, pigeon-hawks, eagles, great
horned owls, snowy owls, pigmy owls, ravens, crows,
magpies, blue jays, Japanese starlings, and English
sparrows."

7. Section 9 of said chapter 33 is amended as follows:(1.) By striking out clause (b), and substituting therefor the following:

"(b.) Any fur-bearing animals,' which expression when used in this Act shall mean any fox, beaver, marten, fisher, lynx, mink, musk-rat, otter, racoon, or any weasel or ermine, or wolverine."

(2.) By striking out subclause (iii) of clause (c).

(3.) By striking out the second proviso, and substituting therefor the following:

"Provided also that any Indian who is a resident may at any time hunt and kill and retain in his possession male animals of the deer family, other than wapiti, over one year of age for use for food for himself and his family, but if he is residing elsewhere than in an unorganized district he shall first obtain a permit for the hunting and killing of such animals."

8. Section 11 of said chapter 33 is amended as follows:(1.) By inserting after the word "family," in the second line of subsection (1), the words "or take or kill by the use of firearms any fur-bearing animals."

(2.) By inserting after the word "possession," in the second line of subsection (2), the words "or found between said hours hunting game birds, deer, or fur-bearing animals with any pit-lamp, spotlight, or other light in his possession."

Amends s. 9.

Amends s. 11.

9. Section 13 of said chapter 33 is amended by striking out the Amends s. 13. word "first" in the second line of subsection (2), and substituting

therefor the word "fifteenth."

10. Section 14 of said chapter 33 is amended by striking out sub- Amends s. 14. section (1), and substituting therefor the following:

"14. (1.) No person shall at any time:

"(a.) Use or set for the taking or killing of big game or game

birds any trap, or any drugged or poisoned bait or baited.
lines:

"(b.) Use or set for the taking or killing of any game any of
the contrivances known as batteries, machine-guns, swivel-
guns, set-guns, or sunken punts:

« EelmineJätka »