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Presented to both Houses of Parliament by Command of Her Majesty,

MAY, 1871.

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PRINTED BY WILLIAM CLOWES & SONS, STAMFORD STREET & CHARING CROSS,

FOR HER MAJESTY'S STATIONERY OFFICE

1871.

[C.–351.] Price 1s. 6d.

LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,

AND ALSO AS TO THE

PRESERVATION OF GAME.

CIRCULAR DESPATCH addressed by the Earl of KIMBERLEY to the Governors

of Colonies. SIR,

Downing Street, 2nd August, 1870. Her Majesty's Government being desirous of obtaining information as to the laws in force in the Colonies as to Trespass, and also as to the Preservation of Game, I have to request that you will furnish me, as soon as you conveniently can, with copies of any enactments in force in the Colony of [

-] on these subjects accompanying them with any observations which you may think necessary, in order to render such enactments intelligible.

I have, &c., The Officer administering

(Signed) KIMBERLEY. the Government of [

-]

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Copy of a DESPATCH from the ADMINISTRATOR of the Government to the EARL of

KIMBERLEY.

(No. 60.)

Prince Edward Island, Government House, MY LORD,

10th September, 1870. I have the honour to acknowledge the receipt of your Despatch (Circular) of the 2nd ultimo, requesting me to furnish you with copies of any enactments in force in this

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NORTH Colony relating to Trespass, and also to the Preservation of Game, and I transmit hereAMERICAN with a letter from the Attorney-General, with copies of three Acts, two relating to COLONIES.

trespass and one to the preservation of game, stated by that officer to be the only laws now in force in this island on these subjects, and which, in my opinion, require no observations from me necessary to render them intelligible.

I have, &c.,

(Signed) R. HODGSON, Administrator. The Right Hon. the Earl of Kimberley,

Secretary of State for the Colonies,

&c. &c. &c.

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Attorney-General's Office, Charlottetown, Prince Edward Island, SIR,

9th September, 1870. I have been furnished with the “Circular” transmitted to you from the Right Honourable the Earl of Kimberley, Secretary of State for the Colonies, requesting to be supplied with the laws relating to Trespass and the Preservation of Game in force in this Colony.

The only Acts in force in this island relating to the above subjects are the following, that is to say, an Act of the 12th Vict. cap. 16, intituled “ An Act to consolidate and “ amend the several Acts relating to summary Trespasses and to repeal certain Acts " therein mentioned.”

An Act of the 24th Victoria, cap. 22, intituled “An Act for the punishment of persons who shall be guilty of the Trespasses therein mentioned.” And an Act of the 27th Victoria, cap. 11, intituled “ An Act relating to Partridges or Tree Grouse, and to

repeal certain portions of the several Acts therein mentioned.”

I enclose herewith copies of the Acts referred to for the information of the Earl of
Kimberley

I have, &c.
Sir Robert Hodgson, Knight,

(Signed) DENNIS O. M. REDDIN,
Administrator of the Government,

Attorney-General. &c. &c. &c.

Preamble.

20 Geo, 3.,

amended.

27 VICTORIA, CAP. 11. An Act relating to Partridges or Tree Grouse, and to repeal certain portions of the several Acts therein mentioned.

[Passed May 2, 1864.] WHEREAS the very great destruction of partridges, or tree grouse, in this island has tended to render the same scarce, and if continued, without some further restriction, there is reason to fear that they will be exterminated.

Be it therefore enacted, by the Lieutenant-Goveror, Council, and Assembly, as follows:

I. From and after the passing of this Act, so much and such parts of the Act made Geb: sand. 11, and passed in the twentieth year of the reign of His late Majesty King George the partially Third, chapter five, and also so much and such parts of the Act passed in the twenty-first

year of the same reign, chapter eleven, as relate to the killing of partridges, shall be and

the same are hereby severally repealed. No partridge, II. From and after the publication hereof, it shall not be lawful for any person or

previous to persons whomsoever to shoot, kill, or destroy, or to have in his, her, or their possession, 1st October, any partridge, partridges, or tree grouse, until the first day of October, which will be then to be pro- in the year of our Lord one thousand eight hundred and sixty-five; and from and after tected between the last-mentioned period it shall not be lawful for any person or persons whomsoever 1st Oct. yearly. to shoot, kill, or destroy, or to have in his, her, or their possession any partridge, part

ridges, or tree grouse, between the first day of January and the first day of October, in Penalty of any year; and every person offending against any of the aforesaid provisions shall forfeit ten shillings for killing.

and pay the sum of ten shillings for every partridge or tree grouse so shot, killed, or had in possession within the periods respectively as aforesaid, to be recovered with costs before any one of Her Majesty's Justices of the Peace, on the oath of one or more credible witness or witnesses ; and it shall be the duty of any such Justice as aforesaid, and he is hereby required, upon proof being made to his satisfaction, or upon view of

&c., to be kill

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the violation of the provisions of this Act, to issue his warrant or warrants for the levy

NORTH ing by distress and sale of the goods and chattels of such offender or offenders the AMERICAN

COLONIES. amount of such penalty or penalties, one-half thereof to be paid to the informer, and the other half into the treasury of this island, for the use of Her Majesty's Government;

Recovery and in the event of there being no goods and chattels whereupon to levy, such offender thereof. shall be committed to the jail of the county wherein the offence shall have been committed, for a period not exceeding one calendar month.

III. This Act shall continue and be in force for ten years from the passing hereof, and from thence to the end of the then next session of the General Assembly, and no longer. A true copy, which I certify.

(Signed) DENNIS 0. M. REDDIN, 9th September, 1870.

Attorney-General.

Limitation of Act.

Anno DUODECIMO VICTORIÆ REGINÆ.

Recited Acts

an

No. XVI.
An Act to consolidate and amend the several Acts relating to summary Trespasses, and

to repeal certain Acts therein mentioned. BE it enacted, by the Lieutenant-Governor, Council, and Assembly, That from and after the passing of this Act, the several Acts relating to trespasses hereinafter enumerated repealed. shall be and they are hereby repealed, that is to say: an Act passed in the sixteenth year of the reign of His late Majesty King George the Third, intitutled “An Act to

prevent trespasses on Crown lands;" an Act passed in the twentieth year of the same reign, intituled “An Act for preventing trespasses by unruly horses, cattle, and sheep, “ and for preventing the running of hogs at large through the town of Charlottetown;" an Act passed in the twentieth year of the same reign, intituled “An Act to prevent the “ cutting of pine and other trees without permission of the proprietor, and to prevent the

cutting down and destroying of fences ;” an Act passed in the thirtieth year of the same reign, intituled “An Act to prevent the malicious killing, wounding, or maiming of .“ cattle ;” an Act passed in the thirty-fifth year of the same reign, intituled “ An Act to “ amend an Act made and passed in the twentieth year of His present Majesty's reign, “ intituled 'An Act to prevent trespasses by unruly horses, cattle, and sheep, and for “ preventing the running of hogs at large through the town of Charlottetown ;'” Act passed in the thirty-sixth year of the same reign, intituled “An Act to prevent the “ robbing of gardens and orchards, potato and turnip fields, and throwing down of fences, and for amending an Act made and passed in the twentieth year of His present “ Majesty's reign, intituled · An Act for preventing trespasses by unruly horses, cattle, " and sheep, and for preventing the running of hogs at large through the town of « • Charlottetown ;'” an Act passed in the fiftieth year of the same reign, intituled “ An “ Act to amend an Act intituled “An Act to prevent the malicious killing, wounding, “' and maiming of cattle,'” and so much of an Act passed in the ninth year of the reign of His late Majesty King George the Fourth, intituled “ An Act for continuing several “ laws near expiring,” as relates to an Act passed in the fifth year of the reign of His said late Majesty King George the Fourth, intituled “An Act for summary punishment “ in certain cases of persons wilfully or maliciously damaging or committing trespasses

on public or private property;" an Act passed in the ninth year of the said lastmentioned reign, intituled “ An Act to continue and amend an Act of the fifth year

of “ His present Majesty's reign, intituled 'An Act to prevent the running at large of boar

pigs, and to restrain swine from going at large without rings;' ” an Act passed in the third year of the reign of His late Majesty King William the Fourth, intituled “ An Act

to consolidate, amend, and reduce into one Act the several Acts of the General “ Assembly relating to trespasses, and for other purposes therein mentioned ;” an Act passed in the fifth year of the reign of His late Majesty, intituled “ An Act to explain - and amend the Act relating to trespasses;” an Act passed in the fifth year of the reign of Her present Majesty, intituled “ An Act to further explain and amend an Act passed “ in the third year of the reign of His late Majesty King William the Fourth, intituled " • An Act to consolidate, amend, and reduce into one Act, the several Acts of the “General Assembly relating to trespasses, and for other purposes therein mentioned ;'”

Penalty for an Act passed in the eleventh year of the reign of Her present Majesty, intituled “ An occupying * Act to provide for the summary punishment of persons trespassing upon Crown without “ lands."

licence.

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