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CHAP. 101.

TITLE XIV.

OF CERTAIN BIRDS AND ANIMALS.

CHAPTER 101.

OF THE PRESERVATION OF GAME.

Short Title.

Interpretation.

"Game:

"Close season," "Open season,"

ame Society."

Moose and cari

for.

SHORT TITLE.

1. This Chapter may be cited as "The Game Act." 1896, c. 4, s. 1.

INTERPRETATION.

2. In this Chapter unless the context otherwise requires : (a) The expression "game" means and includes moose, caribou, red deer, American elk, beaver, hares, wild rabbits, minks and animals valuable only for their fur, (except otters, skunks, woodchuck, raccoons, weasels, bears, wolves, loupcerviers, wildcats and foxes) Canada grouse (commonly called spruce partridge) ruffed grouse, (commonly called birch partridge,) pheasants, blackcock, capercailzie, ptarmigan, sharp-tailed grouse, woodcock, snipe, blue winged ducks, teal, and wood-ducks. ;

(b) The expressions "close season" and "open season" with respect to each species of gaine, mean respectively the season during which the killing, pursuing with intent to kill, taking, or having in possession the same, are prohibited or permitted;

(c) The expression "Game Society" means The Game and Inland Fishery Protection Society of Nova Scotia. 1896, c. 4, s. 2.

CERTAIN ACTS PROHIBITED.

As to Mammals.

3.-(1.) No person shall kill, hunt or pursue with intent bou, close season kill, any moose or caribou, except between the fifteenth day of September in any year and the first day of the following January, both included.

Not more than two may be killed,

(2.) No one person shall during one year or season kill or take more than two moose and two caribou.

(3.) Any person or party of huntsmen who kill a moose CHAP. 101. or caribou shall carry the flesh thereof out of the woods Ten days allowed within ten days after killing the animal.

for bringing out meat.

(4) Every person who contravenes or fails to comply Penalty. with any of the provisions of this section shall for each such offence be liable to a penalty of not less than fifty or more than two hundred dollars. 1894, c. 4, ss. 3, 4, 5, 6. 1900, c. 36, s. 1.

not to be sold

teanth Septem

ber.

4-(1.) No person shall expose for sale or have in his Grean skins, &e., possession any green moose skin, or caribou skin, or green between fifth deer skin, or fresh moose meat, or fresh caribou meat, or January and fiffresh deer meat, or any part of the carcase, of a moose, caribou, or deer, whether killed in this province or elsewhere, Letween the fifth day of January and the fifteenth day of September following.

(2) Any person violating this section shall be liable to a Penalty. penalty of not less than twenty-five dollars or more than fifty dollars for each offence; provided, however, that any person convicted of having in possession or exposing for sale the carcase or any part of the carcase of a moose, caribou or deer, for the killing or taking of which a fine has been already inflicted and paid, shall be liable to a penalty of not more than twenty dollars or less than ten dollars. 1896, e 4, ss. 7, 27. 1900, c. 36, s. 2.

5-(1.) No person shall set or attempt to set any snare, Setting snares trap, pit, or other device or contrivance, for the destruction prohibited. of moose or caribou.

(2.) The possession of any such snare, trap or other Evidence. device, shall be presumptive evidence of the attempt of the person in whose possession it is found to set the same for

the destruction of moose or caribou.

(3.) Any person who violates this section shall be liable Penalty. to a penalty of not less than fifty dollars or more than one hundred dollars. 1896, c. 4, s. 8, (part.)

6. Any person who finds any such snare trap or device Snares may be as is mentioned in the next preceding section may lawfully destroyed. destroy the same. 1896, c. 4, s. 8, (part.)

1. Every person who previous to the fifteenth day of Cape Breton. September, A. D., 1905, kills or pursues with intent to kill any moose or caribou in the island of Cape Breton, shall be liable to a penalty of two hundred dollars. 1896, c. 4, s. 47.

1900, c. 36, s. 3.

carcase.

8-(1.) Every person who brings or sends the carcase of Neck and forea moose or caribou to the city of Halifax or any incorporated legs to be kept town for sale, shall bring or send together therewith the neck and forelegs of such moose or caribou, and shall retain and keep the same exposed, together with the meat so

CHAP. 101. offered for sale, and any failure to do so shall be a violation of this section.

Officers of Game
Society, &c., to

powers.

(2.) Any officer, member or agent of the Game Society, examine, their any game commissioner, or any police or detective officer or constable, shall have the right, and it shall be his duty, to examine any carcase, or part of a carcase, of a moose or caribou wherever found or seen, and generally to make such search or enquiry as is necessary for the purpose of ascertaining whether or not there has been a violation of this section; he shall also have the right, and it shall be his duty, to mark any such neck and forelegs in such a manner as to render the same easy of identification; and any one who obstructs, impedes or interferes with such officer, member, agent, or other person in the discharge of his duty under this section, or refuses to give him information or help if requested, shall be guilty of a violation of this

Penalty.

Dogs, hunting with prohibited.

Dogs may be killed.

Further provision as to dogs.

Deer and
American elk,

prohibited.

section.

(3) Any person who violates this section shall be liable. to a penalty not exceeding fifty dollars. 1896, c. 4, s. 9.

9.-(1.) Every person who hunts, chases, or kills, or pursues with intent to kill, any moose, caribou or deer with dogs, shall be liable to a penalty of not less than fifty or more than one hundred dollars for each such offence, in addition to any penalties to which he is otherwise liable. under this Chapter.

(2.) Any person may lawfully kill any dog found hunting, chasing or pursuing any moose, caribou or deer.

(3.) When any person is hunting with dogs for any birds or animals which it is not unlawful to hunt or pursue with dogs, he shall be liable to the penalty prescribed by this section if any of such dogs hunt or kill any moose, caribou or deer. 1896, ss. 10, 11.

10. Every person who hunts, chases, or kills, or pursues killing, &c., of with intent to kill, or snares, seizes or otherwise destroys any deer or American elk before the first day of October, A. D., 1904, shall be liable to a penalty of not less than fifty or more than one hundred dollars for each such offence. 1896, c. 4, s. 12.

Other mammals.

Hares and

rabbits, close season for.

11. Every person who hunts or pursues with dogs any of the mammals included in the definition of game in this Chapter other than moose or caribou between the first day of February and the first day of October in any year, shall be liable to a penalty of not less than thirty dollars or more than eighty dollars, and any person may lawfully destroy any dog found so hunting. 1896. c. 4, s. 26.

12.-(1.) No person shall kill, or pursue with intent to kill, any hare or wild rabbit between the first day of October

in any year and the first day of the following February; CHAP. 101. and no person shall expose for sale, or have in his possession,

any hare or wild rabbit between the fifth day of February

and the fourth day of October in any year.

(2.) Any person who violates any of the provisions of this section shall for each such offence be liable to a penalty of five dollars. 1898, c. 25, s. 2. 1896, c. 4. s. 27.

fur-bearing

13.-(1.) No person shall take or kill, or pursue with Mink, and other intent to kill, any mink, or have in his possession, or set or animals. maintain, any snare or trap for any mink between the first day of March and the first day of November in any year; and no person shall take or kill, or pursue with intent to other animal valuable only for its fur (except the bear, the wolf, the loupcervier, the wildcat, the skunk, the raccoon, the woodchuck, the otter, the weasel, and the fox), between the first day of April and the first day of November in any year.

kill,

any

(2) Any person who contravenes any of the provisions Penalty. of this section shall for each such offence be liable to a penalty of five dollars. 1896, c. 4, s. 14.

ing purposes.

14. Any person may catch alive at any season of the Mink for breedyear any number of minks in any box-trap or modification of the same, for the purpose of breeding and preserving such minks, and minks so caught and kept shall be considered personal property of a private nature. 1896, c. 4, s. 15. 15. Every person who hunts, traps or kills any beaver Beaver. except during the months of November, December, January, February and March, shall be liable to a penalty of not less than five dollars or more than twenty dollars for each offence. 1896, c. 4, s. 16.

As to Birds.

16—(1.) No snare, net or trap shall be set or used at any Sharing game birds prohibited. season of the year, for any bird included in the definition

of

game in this Chapter; and any person may lawfully destroy any snare, trap or net, set or used in contravention of this section.

(2) Every person who violates the provisions of this Penalty. section, shall be liable to a penalty of not less than five dollars or more than ten dollars. 1896, c. 4. s. 20.

c. 25, s. 3, (part.)

1898,

of, prohibited

17-(1.) Previous to the first day of October, A. D., Partridge, killing 1901, no person shall take, hunt, kill, or have in his posses- till 1st Oct., 1901. sion, any ruffed grouse (commonly called partridge,) whether killed in this province or elsewhere.

after that date.

(2.) From and after such first day of October no person Close season shall take, hunt or kill, or attempt to take, hunt or kill, or

CHAP. 101. have in his possession, any ruffed grouse (commonly called partridge,) whether killed in this province or elsewhere, except between the first day of October and the first day of December (both included) in any year.

Penalty.

General close

season for game birds.

Cape Breton.

Cumberland.

Penalty.

Killing between sunset and sun

(3.) Every person who contravenes any of the provisions of this section, shall be liable to a penalty of not less than five dollars or more than ten dollars. 1898, c. 25, s. 3, (part.)

18. (1.) Except as is in this section otherwise provided no person shall take, hunt or kill, or attempt to take, hunt or kill, or have in his possession, any bird included under the definition of game, in this Chapter, other than a ruffed grouse, except between the first day of September, in any year, and the first day of the following March.

(2.) In the island of Cape Breton the open season for the game mentioned in this section, shall begin on the twentieth day of August in any year.

(3) In the county of Cumberland the open season for blue-winged duck shall extend to the first day of May in

any year.

(4.) Every person who violates any provision of this section, shall for each such offence be liable to a penalty of not less than five dollars or more than ten dollars. 1898, c. 25, s. 2, (part.) 1899, c. 21, s. 1.

19.—(1.) No person shall hunt or kill any bird included rise prohibited. in the definition of game in this Chapter except blue-winged duck, before sunrise or after sunset.

Penalty.

Eggs, purchase, &c., of, prohibited.

Each killing, &c., separate offence.

Pheasants and

blackcock, &c., specially provided for.

(2.) Every person who violates this section, shall for each offence be liable to a penalty of not less than five dollars or more than ten dollars. 1898, c. 25, s. 2, part. 1899, c. 21, s. 2.

20.-Except as in this Chapter is otherwise provided every person who,—

(a) takes, has in possession, buys or sells any egg of any bird included in the definition of game in this Chapter, or

(b) destroys the nest of any such bird,

shall for each such offence be liable to a penalty of not less than five or more than ten dollars. 1896, c. 4, s. 19.

21. The killing, hunting, taking or having in possession of each bird in the close season provided in respect to such bird shall be deemed to coustitute a separate offence. c. 4, s. 20.

1896,

22. (1) Every person who at any time of the year takes, kills, pursues with intent to take or kill, buys, sells or has in his possession, any pheasant, blackcock, capercail

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