time to time be declared by the Governor by Order in Council to come within the operation of such section. V. It shall be lawful for the Governor by Order in Council published in the New Zealand" Gazette" to declare as to any parts of the Colony that any other animals or birds not hereinbefore mentioned or the birds specified in the third section of this Act shall be protected and come under the operation of such of the provisions of this Act as may be specified in such Order in Council and from time to time to revoke alter or amend such Order in Council. VI. No person shall hunt shoot take or kill any pheasant or other animal or bird specified in this Act or declared by the Governor as coming under its provisions on any Sunday which shall fall within the months of May June July and August in any year. VII. If any person whatever shall at any time commit any trespass by entering or being upon any land in the search or pursuit of any of the animals which are the subject of this Act such person shall on conviction thereof before a justice of the peace forfeit and pay such sum of money not exceeding twenty pounds nor less than two pounds as to such justice shall seem meet. Provided always that any person charged with any such trespass shall be at liberty to prove by way of defence any matter which would have been a defence to an action at VIII. None of the animals or birds which are the subject of this Act shall be poisoned trapped or taken by means of traps nets springes or by other means than hunting or shooting at any time whatever nor shall any trap net or snare be made erected or set either wholly or in part for the purpose of such trapping or taking. IX. No person shall have in possession any of the animals or birds which are the subject of this Act except during the months herein- before respectively specified without lawful excuse the proof whereof to be on the party charged and any such animal or bird found in posses- sion of any person shall be presumed to have been taken or killed by such person contrary to the provisions of this Act until proof to the contrary be given by such person. X. No person shall sell or offer for sale or buy or offer to buy any such animal or bird except during the months within which it shall be lawful to take or kill any of the said animals or birds respectively or shall take or wilfully destroy any egg of any such bird. XI. It shall be lawful for the Governor to authorize any person or persons to catch or take any such animals or birds or the eggs of any such birds for the purpose of distributing and turning out the same in some other part of the Colony Provided that nothing herein contained shall be deemed to authorize any person or persons to commit a tres- pass and provided further that no person or persons shall be deemed to be so authorized to catch or take or shall catch or take any animals or birds or the eggs of such birds unless he or they can show a license so to do under the hand of the Governor of New Zealand for the time being and no such license shall in any case have any force or effect for a longer period than twelve calendar months from the date of such XII. Every offence against any provision of this Act shall be punished on conviction before a resident magistrate or justice of the peace by XIII. Nothing in this Act shall extend to prevent the owner or the XIV. It shall not be lawful for any person to introduce any fox XV. It shall be lawful notwithstanding anything herein contained to XVI. Nothing in this Act shall prevent or interfere with the XVII. The Governor may by Order in Council published in the "New XVIII. "The Protection of Certain Animals Act 1861" "The Birds 30 Vic., No. 56.-An Act to amend "The Protection of I. The Short Title of this Act shall be "The Protection of Certain 11. The word "game" for all the purposes of this Act shall be (a) CONTENTS:-1. Short Title. 2. What shall be deemed game. 3. Game or shall be proclaimed to come under the operation of any of the provisions of "The Protection of Certain Animals Act 1865." III. Every person before he shall in New Zealand take kill or pursue or aid or assist in any manner in the taking killing or pursuing by any means whatsoever or use any dog gun net or other engine for the purpose of taking killing or pursuing any game shall take out a proper license to kill game under this Act and pay the duty hereby made payable thereon and if any person shall do any act as hereinbefore mentioned in New Zealand without having duly taken out and having in force such license as aforesaid he shall forfeit a sum not exceeding twenty pounds and not less than five pounds Provided that nothing herein contained shall prevent the proprietor of any enclosed land from taking killing and pursuing game on such enclosed land or subject him to any penalty for so doing. The following exceptions and exemptions from the duties and provisions of this Act are hereby made and granted (that is to say)— 1. The taking or destroying of hares by the proprietor of any enclosed ground whatever or by the tenant of lands either by himself or by his direction or permission upon such ground or lands. 2. The pursuing and killing of hares respectively by coursing by 3. The pursuing and killing of deer by hunting with hounds. sion. IV. Every license to any person to take kill or pursue game shall be in the form in the first schedule to this Act and shall be issued by the Superintendent of the Province in which such person shall reside or desire to exercise such license upon payment of the sum of five pounds to the treasurer of the Province in which such person shall reside or desire to exercise such license shall be signed by the Superintendent of the Province and dated on the day when the same was actually issued and shall be in force from the day of the date until the first day of January next following the date thereof and any such license may be issued at any date subsequent to the thirtieth day of June in any year upon payment of the sum of three pounds. V. Every person before he shall sell game in New Zealand shall take out a license which shall be in the form in the second schedule to this Act and be signed by the Superintendent of the Province and shall be in force for a period ending on the thirty-first day of December next following and shall in respect of every such license or renewal of license pay to the treasurer of the Province in which such license shall be issued the sum of five pounds and if any person shall sell any game without having duly taken out and having in force such license as aforesaid he shall for every such act forfeit and pay the sum of twenty pounds. VI. Every person who shall within three years from the passing of this Act sell offer for sale or expose for sale a dead hen pheasant shall forfeit and pay for every such act a sum not exceeding twenty pounds and not less than five pounds Provided that nothing in this Act contained shall affect the provisions of Section XI. of "The Protection of Certain Animals Act 1865." VII. All penalties created by this Act shall be recoverable in the manner directed by any Act for the time being in force for the regulation of summary proceedings before justices of the peace. B VIII. It shall be lawful for the Superintendent from time to time to appoint one or more fit and proper persons to be and be styled rangers whose duty shall be to observe and take care that the provisions of this Act be complied with in the Province or district for which they may be appointed and to lay informations against such persons as may offend against the same and any such ranger to discharge as the Superinten dent shall think fit. IX. If any person shall be discovered doing any act whatever in respect whereof a license to kill game shall be required under this Act by any ranger revenue officer or by any person having duly taken out a license to kill game under this Act or by the owner landlord lessee or occupier of the land on which such person shall then be it shall be lawful for such ranger revenue officer or other person as aforesaid to demand and require from the person so acting the production of a license to kill game issued to him and the person so acting is hereby required to produce such license to the person so demanding the production thereof and to permit him to read the same and (if he shall think fit) to take a copy thereof or of any part thereof and in case no such license shall be produced to the person demanding the same as aforesaid then it shall be lawful for the person having made such demand to require the person so acting forthwith to declare to him his christian and surname and place of residence and the place at which he shall have taken out such license and if such person shall after such demand made willfully refuse to produce and show a license to kill game issued to him or in default thereof to give to the person so demanding the same his christian and surname and place of residence and the place at which he shall have taken out such license or if he shall produce any false or fictitious license or give any false or fictitious name or place or if he shall refuse to permit any license which he may produce to be read or a copy thereof or of any part thereof to be taken he shall forfeit a sum not exceeding twenty pounds and not less than five pounds. X. All fees for licenses fines and penalties arising and which may be received and recovered by virtue of the provisions of this Act shall be applied in the first instance in or towards defraying the salaries and expenses of the ranger or rangers to be appointed as aforesaid and subject thereto the balance if any shall be handed to the treasurer of the Acclimatisation Society if any in the Province in which such fees or fines shall have been paid or recovered for the purposes of such society and if there shall be no such Society shall be carried to the credit of the revenue of such Province. XI. This Act shall not come into force in any Province until proclaimed hy the Governor in the New Zealand "Gazette" and in the Gazette" of the Province in which it shall be designed that it shall be brought into force and only from a date to be fixed therein. FIRST SCHEDULE. [Name in full] of [residence and description of person licensed] having this day paid the sum of £5 (five pounds) pursuant to "The Protection of Certain Animals Act 1866 " is hereby licensed to kill game within the Province of the year from the day of 186 to the 186 Signed during day of SECOND SCHEDULE. LICENSE TO SELL GAME. [Name in full] of [residence and description of person licensed] having this day paid the sum of £5 (five pounds) pursuant to "The Protection of Certain Animals Act during A.D. 186. 1866" is hereby licensed to sell game within the Province of day of day of ARMS. 186 9 Vic., No. 1.-An Ordinance to empower the Governor of New Zealand to regulate the importation and sale of arms, gunpowder, and other warlike stores. (a) [December 13, 1815.] WHEREAS Certain tribes of the native race of New Zealand have taken up arms against the Queen's sovereign authority:And whereas for the purpose of effectually subduing the present insurrection, and of preventing the recurrence of an armed resistance to the authority of Her Majesty, and of securing the peace and good order of the Colony, it is expedient that restrictions should on fitting occasions be placed on the importation and sale of arms, gunpowder, and other warlike stores, within the same. Be it therefore enacted by the LieutenantGovernor of New Zealand, with the advice and consent of the Legislative Council thereof, as follows: (that is to say) I. It shall be lawful for His Excellency the Governor from time to time as to him shall seem meet by proclamation, to prohibit throughout the Colony, or within any district thereof (to be in such proclamation defined), the importation or sale, or both the importation and sale of arms, gunpowder, and other warlike stores. 11. It shall also be lawful for his Excellency the Governor from time to time, as to him shall seem meet by proclamation, to make provision for regulating and restricting throughout the Colony, or within any district therecf, (to be in such proclamation defined), the importation or sale, or both the importation and sale of arms, gunpowder, and other warlike stores. III. Every person who shall import or bring into the Colony any arms, gunpowder, or other warlike stores (whether the owner thereof or not), and who shall wilfully and knowingly, and contrary to the provisions of any such proclamation, as aforesaid, land, or dispose of, or cause or permit to be landed, or otherwise disposed of, such arms, gunpowder, or other warlike stores, or any part thereof, shall for every such offence forfeit and pay any sum not exceeding £500, to be recovered in a summary way. And any arms, gunpowder, or other warlike stores, which shall have been imported and landed or otherwise disposed of, contrary to the provisions of any such proclamation as aforesaid, shall be forfeited to Her Majesty, and may be seized by any justice of the peace, or peace officer, or by any officer of Her Majesty's Customs, or by any person duly authorised and appointed in writing by His Excellency the Governor. IV. The master or person commanding the ship or vessel in which such arms, gunpowder, or other warlike stores shall have been imported, if he shall wilfully and knowingly, and contrary to the (a) CONTENTS:Preamble. 1. Power to Governor to prohibit importation of Arms, &c. 2. And to regulate the sale thereof. 3. Penalty on importer. 4. Penalty on master of vessel. 5. Penalty for unlawfully selling. 6. Power to search. 7. Reward for activity in procuring convictions. S. Interpretation clause. |