Presented to both Houses of Parliament by Command of Her Majesty, PRINTED BY WILLIAM CLOWES & SONS, STAMFORD STREET & CHARING CROSS, 1871. WS IN FORCE IN THE COLONIES AS TO TRESPASS, AND ALSO AS TO THE PRESERVATION OF GAME. IRCULAR DESPATCH addressed by the EARL of KIMBERLEY to the Governors of Colonies. Downing Street, 2nd August, 1870. Her Majesty's Government being desirous of obtaining information as to the laws ce in the Colonies as to Trespass, and also as to the Preservation of Game, I have to est that you will furnish me, as soon as you conveniently can, with copies of any ments in force in the Colony of [-] on these subjects accompanying with any observations which you may think necessary, in order to render such ments intelligible. of a DESPATCH from the ADMINISTRATOR of the Government to the EARL of o. 60.) LORD, KIMBERLEY. Prince Edward Island, Government House, I have the honour to acknowledge the receipt of your Despatch (Circular) of the ultimo, requesting me to furnish you with copies of any enactments in force in this Colony relating to Trespass, and also to the Preservation of Game, and I transmit here- SIR, &c. &c. &c. Enclosures in No. 2. R. HODGSON, Administrator. Attorney-General's Office, Charlottetown, Prince Edward Island, 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." 66 An Act of the 24th Victoria, cap. 22, intituled "An Act for the punishment o f 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. d I have, &c. 27 VICTORIA, CAP. 11. AN ACT relating to Partridges or Tree Grouse, and to repeal certain portions of the WHEREAS the very great destruction of partridges, or tree grouse, in this island has Be it therefore enacted, by the Lieutenant-Governor, Council, and Assembly, as follows: I. From and after the passing of this Act, so much and such parts of the Act made and passed in the twentieth year of the reign of His late Majesty King George the 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. II. From and after the publication hereof, it shall not be lawful for any person or persons whomsoever to shoot, kill, or destroy, or to have in his, her, or their possession, any partridge, partridges, or tree grouse, until the first day of October, which will be - in the year of our Lord one thousand eight hundred and sixty-five; and from and after the last-mentioned period it shall not be lawful for any person or persons whomsoever to shoot, kill, or destroy, or to have in his, her, or their possession any partridge, partridges, or tree grouse, between the first day of January and the first day of October, in of any year; and every person offending against any of the aforesaid provisions shall forfeit 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 NORTH COLONIES. lation of the provisions of this Act, to issue his warrant or warrants for the levy- distress and sale of the goods and chattels of such offender or offenders the AMERICAN t of such penalty or penalties, one-half thereof to be paid to the informer, and the half into the treasury of this island, for the use of Her Majesty's Government; the event of there being no goods and chattels whereupon to levy, such offender thereof. be committed to the jail of the county wherein the offence shall have been comfor a period not exceeding one calendar month. This Act shall continue and be in force for ten years from the passing hereof, and thence to the end of the then next session of the General Assembly, and no Recovery Limitation of Act. A true copy, which I certify. September, 1870. (Signed). DENNIS O. M. REDDIN, ANNO DUODECIMO VICTORIE REGINE. No. XVI. cr to consolidate and amend the several Acts relating to summary Trespasses, and to repeal certain Acts therein mentioned. Recited Acts enacted, by the Lieutenant-Governor, Council, and Assembly, That from and after assing of this Act, the several Acts relating to trespasses hereinafter enumerated repealed. be and they are hereby repealed, that is to say: an Act passed in the sixteenth of the reign of His late Majesty King George the Third, intitutled "An Act to vent trespasses on Crown lands;" an Act passed in the twentieth year of the same intituled "An Act for preventing trespasses by unruly horses, cattle, and sheep, for preventing the running of hogs at large through the town of Charlottetown;' et passed in the twentieth year of the same reign, intituled "An Act to prevent the ing of pine and other trees without permission of the proprietor, and to prevent the ting down and destroying of fences;" an Act passed in the thirtieth year of the same , intituled "An Act to prevent the malicious killing, wounding, or maiming of le;" an Act passed in the thirty-fifth year of the same reign, intituled "An Act to end an Act made and passed in the twentieth year of His present Majesty's reign, tuled 'An Act to prevent trespasses by unruly horses, cattle, and sheep, and for eventing the running of hogs at large through the town of Charlottetown; an assed in the thirty-sixth year of the same reign, intituled "An Act to prevent the bing of gardens and orchards, potato and turnip fields, and throwing down of ces, and for amending an Act made and passed in the twentieth year of His present jesty's reign, intituled 'An Act for preventing trespasses by unruly horses, cattle, d sheep, and for preventing the running of hogs at large through the town of harlottetown ;' an Act passed in the fiftieth year of the same reign, intituled “An to amend an Act intituled An Act to prevent the malicious killing, wounding, id maiming of cattle,'" and so much of an Act passed in the ninth year of the reign s late Majesty King George the Fourth, intituled "An Act for continuing several 's near expiring," as relates to an Act passed in the fifth year of the reign of His ate Majesty King George the Fourth, intituled " An Act for summary punishment certain cases of persons wilfully or maliciously damaging or committing trespasses public or private property;" an Act passed in the ninth year of the said lastioned reign, intituled "An Act to continue and amend an Act of the fifth year of ; present Majesty's reign, intituled An Act to prevent the running at large of boar and to restrain swine from going at large without rings;'" an Act passed in the year of the reign of His late Majesty King William the Fourth, intituled "An Act consolidate, amend, and reduce into one Act the several Acts of the General sembly relating to trespasses, and for other purposes therein mentioned;" an Act d in the fifth year of the reign of His late Majesty, intituled "An Act to explain I amend the Act relating to trespasses;" an Act passed in the fifth year of the reign er present Majesty, intituled "An Act to further explain and amend an Act passed he third year of the reign of His late Majesty King William the Fourth, intituled n Act to consolidate, amend, and reduce into one Act, the several Acts of the eneral Assembly relating to trespasses, and for other purposes therein mentioned ;'" et passed in the eleventh year of the reign of Her present Majesty, intituled "An to provide for the summary punishment of persons trespassing upon Crown gs, ds." Penalty for occupying without Crown lands licence. |