mitted on any shall appoint at the time of conviction, together with all costs, charges, and expenses NORTH attending the conviction, such Justice shall and may commit such offender or offenders AMERICAN COLONIES. to the common jail for any time not exceeding three calendar months, unless such penalty, costs, and charges shall be sooner paid and satisfied: provided always, that if In case of any damages, injury, or spoil, shall have been done or committed as aforesaid, to or damage comupon any church, chapel, bridge, building, common way, or other property whatsoever, species of pubwhether real or personal, of a public nature, or wherein any public right is concerned, lic property. it shall and may be lawful to or for any such Justice to proceed against and convict the offender or offenders within the time aforesaid, and in manner aforesaid, in any sum not exceeding five pounds, over and above the costs of recovering the same, as to such Justice shall seem just and reasonable, at the instance, and upon the information, of any person prosecuting such offender or offenders, and to order and direct one moiety of the sum forfeited for such offence to be paid to the person so prosecuting, and the other moiety for the use of Her Majesty's Government as aforesaid; and in default of payment of the sum in which any such offender or offenders shall have been so convicted as last aforesaid, together with all costs, charges, and expenses attending such conviction as aforesaid, such Justice shall and may commit such offender or offenders to the common jail for any time not exceeding three calendar months, unless such penalty, costs, and charges shall be sooner paid and satisfied. Offenders of age, how XV. Provided also, and be it further enacted, That if any person or persons, under the age of sixteen years, shall offend against either of the last two foregoing clauses of under 16 years this Act, it shall be lawful for the Justice, before whom he, she, or they shall have been punished. convicted, in default of payment of the sum of money awarded against him, her, or them by the said Justice, together with all costs, charges and expenses attending such conviction, immediately, or within such time as the Justice shall appoint at the time of conviction, to commit such offender or offenders to the common jail, there to be kept for any term not exceeding six weeks. seized and de XVI. And for the more easy bringing of offenders against the fourteenth and fifteenth Offenders sections of this Act to justice: Be it further enacted, That it shall and may be lawful to and 15th secand for any constable, and to and for the owner or owners of any property so damaged, tions may be injured, or spoiled, and to and for his, her, or their servants, or other person or persons tained without acting by or under his or their authority, and to and for such person or persons as he, warrant. she, or they may call to his, her, or their assistance, without any warrant or other authority than by this Act, to seize, apprehend, and detain any person or persons who shall have actually committed, or be in the act of committing, any offence or offences against any of the provisions contained in the said fourteenth and fifteenth sections of this Act, and take him, her, or them before any Justice of the Peace for the county or place where the offence or offences shall have been committed, and such Justice is hereby empowered and required to proceed and act with respect to such offender or offenders in manner by this Act directed. thousand eight hundred and day of Form of conviction under this XVII. And for the more easy and speedy conviction of offenders against any of the provisions contained in this Act: Be it further enacted, That every Justice of the Peace, before whom any person or persons shall be convicted of any offence against any of the Act. provisions contained in this Act, shall and may cause the conviction to be drawn up in the following form of words, to the same effect, as the case may happen, viz. :— Be it remembered, that on the in the year of our Lord one A. B., is convicted by and before me one of Her Majesty's Justices of the Peace for the county of for that the said A. B. (here state the offence, and the time and place when and where the same was committed,) contrary to the statute in such cases made and provided; and I, the said Justice, do hereby adjudge and determine that the said A. B. shall, for his said offence, forfeit and pay the sum of lawful money of this island, together with costs, and do order that the same shall forthwith be paid by him (here direct the payment according to the above mentioned sections of this Act). Given under my hand and seal, the day and year first above written. XVIII. Provided always, and be it further enacted, That in case any person or persons shall be convicted of any offence against any of the provisions contained in the said fourteenth and fifteenth sections of this Act, before any Justice of the Peace, on the complaint or information of any person or persons, of public or private property having been so injured, damaged, or spoiled, and shall have paid the penalty, costs, and charges under such conviction, or shall have suffered the imprisonment awarded for nonpayment thereof, then, and in every such case, such conviction shall and may be pleaded in bar of any action, suit, or information that shall afterwards be commenced, instituted, or prosecuted for such and the same offence in any Court whatsoever. XIX. And whereas great damage is often occasioned to proprietors or occupants of Conviction and punish ment may be pleaded in bar of any suit for same offence. Owner of turkeys, geese, COLONIES. NORTH land under cultivation, by geese, turkeys, and ducks belonging to persons other than AMERICAN such proprietors or occupants: Be it therefore enacted, That it shall and may be lawful for any person, being proprietor or occupant of such lands where any such damage is &c., trespass- occasioned, to make complaint thereof before any one Justice of the Peace, and on proof ing, liable to a thereof by one credible witness other than the informer, the owner of or possessor of penalty of 18. each, and such geese, turkeys, and ducks shall be adjudged to pay a penalty not exceeding one costs. shilling for each goose, turkey, or duck having been found occasioning such damage, together with costs of recovering the same, the said fine to be paid to the person or persons sustaining such damage as aforesaid; and in case such fine be not paid within such time, not exceeding fourteen days, as such Justice shall see fit, the person adjudged to pay such fine shall be committed to the common jail of the county wherein such offence is committed for a period not exceeding fourteen days, unless such sum be sooner paid. XXI. And be it further enacted, That when any person or persons shall be convicted, on the oath or oaths of one or more credible witness or witnesses, before any one of Her Majesty's Justices of the Peace, of having wilfully and maliciously cut, maimed, or killed any horses, neat cattle, sheep, or swine within this island, it shall and may be lawful for such Justice, and he is hereby authorized to fine any such offender or offenders in a sum not exceeding five pounds over and above the costs of recovering the same; and, as a further punishment, such Justice is hereby required to commit every such offender or offenders to prison for a period not exceeding thirty days, nor less than ten days, and further for any term not exceeding sixty days, or until such fine and costs shall be paid: Provided always, That when the damages shall exceed five pounds," the party aggrieved may proceed to recover the same by action in Her Majesty's Supreme Court of Judicature, and therein full double damages shall be given; and the offender may also be proceeded against by indictment, and, upon conviction, shall be liable to imprisonment in the common jail for a period not exceeding six calendar months. Cutting or maiming horses, cattle, &c., how punishable. Defines the power of Jus tices of the Peace in prosecutions for trespasses on lands. Gives the right of appeal to plaintif or defendant in cases under this Act. No judg ment to be XXII. And be it enacted, That no judgment of nonsuit or judgment for the defendant shall be given by any Justice or Justices of the Peace under this Act, only in consequence of the defendant suggesting or setting up a claim of title to land in himself, or others than the plaintiff as aforesaid; but in all such cases the Justices shall, and they are hereby required, to enquire and investigate into the whole complaint and defence made before them, and give judgment on the whole evidence adduced, whether title to land may or may not be part of that evidence, any practice or usage heretofore to the contrary notwithstanding. XXIII. And be it enacted, That it shall and may be lawful for either the plaintiff or defendant, in any case which shall be adjudicated under the provisions and by the authority of this Act, to appeal to the Justices of Her Majesty's Supreme Court of Judicature, within forty-eight hours from the time of such adjudication, in the manner permitted to any plaintiff or defendant in and by an Act passed in the seventh year of Her present Majesty's reign, intituled "An Act relating to the recovery of small debts, and to repeal certain Acts therein mentioned," and upon complying with the provisions of the said Act regarding appeal, the Justices of the said Court may, and they are hereby authorized and empowered, to allow costs to the appellant or respondent in appeals, as to such Justices, in their discretion, shall appear proper, and to affirm, quash, or otherwise alter or vary the judgment given below, with or without costs, or with such portion of the full costs for or against either party, as to the said Justices shall seem reasonable, according to the nature of the case, as it may appear to them on the hearing of any such appeal, and thereupon to enforce their said judgment in the way and manner prescribed in and by the said last hereinbefore recited Act. XXIV. And be it further enacted, That no judgment of any Justice or Justices of the pleaded in bar Peace given under this Act, or judgment or decision of the Supreme Court, on any to support or appeal from any judgment of any Justice or Justices of the Peace under this Act, shall be pleaded in bar or justification, or otherwise, in any Court, by the party who may have obtained the same, in order to support or defeat any title to lands, tenements, or hereditaments within this island. defeat title to lands, &c. Construction in this Act. XXV. And be it further enacted, That in the construction of this Act, words of terms used importing the singular number only, shall include the plural number, and words importing the plural number only shall include also the singular number; words importing the masculine gender shall include females, except the context excludes such construction. A true copy, which I certify. 9th September, 1870. (Signed) DENNIS O. M. REDDIN, The 20th section of the above Act, relating to the running at large of geese within Charlottetown, having been repealed by a bye-law of the City of Charlottetown, passed under the powers vested therein under the Act of Incorporation, has been omitted. 24 VICTORIA, CAP. 22. NORTH AMERICAN COLONIES. See 12 Vict. c. 16. AN ACT for the Punishment of Persons who shall be guilty of the Trespasses therein Persons con ing, destroy tables, fruits, WHEREAS grievous depredations are frequently committed by evil-disposed persons in and Preamble. upon the gardens, orchards, and other cultivated grounds of divers of the inhabitants of this island, and the existing laws do not adequately provide for the punishment of such offenders: I. Be it therefore enacted, by the Lieutenant-Governor, Council, and Assembly, that from and after the passing of this Act every person who shall pluck, pull up, cut victed of stealor destroy, steal or carry away, or in any manner damage or injure any crop, vegetables, ing, &c., vegefruit, shrub, plant, root or roots, fruit or ornamental tree or trees, or other things growing y or being in any garden, orchard, nursery ground, field or other cultivated ground, hot- garden, &c., how punishhouse, greenhouse, or conservatory of any person or persons whomsoever within this able. island, and shall be thereof convicted before two or more of Her Majesty's Justices of the Peace for the County wherein any such offence shall have been committed, or if within the City of Charlottetown and common thereof, before the Mayor and one or more Councillors, or before any two of the City Councillors, either by the confession of the party offending or on the oath of one or more credible witness or witnesses, every such person so offending shall for each and every such offence, on conviction, be committed to the common jail of the county wherein any such offence shall have been committed, there to be imprisoned only, or to be imprisoned and kept to hard labour for not more than one calendar month; or else shall forfeit and pay, over and above the value of prisonment. the article stolen, or the amount of the injury done, a sum not exceeding ten pounds, nor less than ten shillings, together with costs, to be levied by warrant of distress and sale of the goods and chattels of such offender; and for want of goods and chattels whereon to levy, such offender shall be committed as aforesaid, with or without hard labour, as to such Mayor and Councillors or Justices committing shall seem meet, for not more than one calendar month, unless such fine and costs shall be sooner paid. Term of im Amount of penalty, and covering same. mode of re This Act no to preclude ing damages party recover against trespassers. Implicated party on giv II. This Act, or anything herein contained, shall not bar or preclude any person or persons from recovering his, her, or their damages against any person or persons who shall be guilty of any of the mischief or trespasses aforesaid; but the same may be recovered in the same manner as if this Act had not been passed. III. If two or more persons shall have been jointly concerned in committing any such offence as aforesaid, and one or more of them (not having been informed against) shall, ing informawithin the space of one month after the offence committed, inform or give information tion, within against any or all of the others concerned in the same offence (not having been then that will lead informed or proceeded against) so as to convict him, her, or them, the person so informing shall not be liable to any part of the fine herein before mentioned. one month, to conviction be exempt from fine. Appropria IV. All fines and forfeitures under this Act, when recovered, shall be appropriated as follows: one moiety thereof to the person who shall prosecute therefor, and the other tion of fines. moiety, if recovered before the Mayor and Councillors of the City of Charlottetown, shall be paid to the City Treasurer for the use of the said City, and if before any of Her Majesty's Justices of the Peace for any of the counties in this island, then to the Colonial Treasurer for the use of Her Majesty's Government. V. This Act shall continue and be in force for the space of ten years from the passing thereof. A true copy, which I certify. 9th September, 1870. (Signed) DENNIS O.M. REDDIN, Duration of Act. No. 3. NEWFOUNDLAND. COPY of a DESPATCH from Governor HILL, C.B., to the EARL of KIMBERLEY. (No. 71.) MY LORD, Government House, Newfoundland, 1. I have had the honour to receive your Lordship's Circular, 2nd August, 1870, relative to the desire of Her Majesty's Government to obtain information as to the laws C No. 3. NORTH in force in the colonies as to Trespass, and also as to the Preservation of Game, and AMERICAN requesting to be furnished with copies of any enactments in force in the Colony of Newfoundland. COLONIES. 2. I beg to forward, for your Lordship's information, a printed copy of "An Act to "amend and consolidate the Game Laws." The Act has very lately passed the local Legislature, has received the sanction of the Crown, and is sufficiently explicit as to render any remarks of mine thereon unnecessary. may, however, remark that the Act in question contains no provision as to trespasses committed in pursuit of game, &c., &c. I have, &c., Preamble. Act 32 Vict. c. 5 repealed. Partridge, snipe, &c., not AN ACT to Repeal an Act passed in the thirty-second year of the Reign of Her present Majesty, entitled "An Act to amend and consolidate the Game Laws," and to make other provisions in lieu thereof. Section [Passed 9th May, 1870.] 8. Imported hares, &c. not to be killed for five years, except in Central District. Proviso. 9. Firearms on Sunday unlawful except a traveller on a journey. 10. Possession of game killed out of season unlawful. 11. Constable empowered to search. 12. Search-warrant. 13. Married women liable. 14. Penalty on resisting constable. 15. Killing deer by slips, dead-falls, traps, &c., prohibited. 16. Offences against Act, how punished. 17. Act not to extend to poor settlers. WHEREAS it is expedient to repeal an Act passed in the thirty-second year of the reign of Her present Majesty, intituled "An Act to amend and consolidate the Game Laws," and to make other provisions in lieu thereof: Be it therefore enacted, by the Governor, Legislative Council, and Assembly, in legislative session convened, as follows: I. That the said recited Act shall be and the same is hereby repealed. II. That no person shall hunt, kill, take, purchase, sell, barter, or give away, any to be killed be- ptarmigan, grouse, partridge, snipe, blackbird, or any other wild or migratory bird (except wild geese) within this colony or its dependencies, from the twenty-fifth day of January until the first day of September in any year. tween 25th Jan. and 1st Wild rabbits or hares not to be killed between the 1st day of March and 1st day of September. Deer not to be killed be III. That no person shall hunt, kill, take, purchase, sell, barter, or give away, any wild rabbit or hare, within this colony and its dependencies, from the first day of March to the first day of September in any year. IV. No person shall kill or destroy any deer, within this colony, from the first day of March until the fifteenth day of July in any year. V. No eggs of any kind of birds before mentioned shall be taken or destroyed at any tween the 1st time, under a penalty not exceeding twenty-five dollars. and 15th day of July. VI. For the purposes of this Act, all the birds and animals before mentioned are Eggs of wild hereby declared to be game. birds not to be destroyed. VII. Any person who shall be found at any time hunting for game within the periods Birds and mentioned in the second and third sections, shall be liable to a penalty not exceeding men- twenty-five dollars. animals men tioned in this Act are declared to be game. Penalty. Imported hares, &e.. not to be killed for five years except in Central District. VIII. During the period of five years from the future importation of any hares, quails, or other game into this island, it shall not be lawful for any person to hunt, take, kill, or carry them away, or any of their progeny, except in the Central District, under a penalty not exceeding twenty-five dollars; provided that this section shall not apply to any future importation into the Central District of hares of the Nova Scotia breed. IX. Any person who shall be found on Sunday using or carrying firearms shall be subject to a fine not exceeding four dollars, except a traveller on a journey. X. No person shall have in his possession any of the said animals or birds, unless killed within the periods above respectively fixed for the killing thereof; the burden of the proof whereof is to be on the party charged. NORTH AMERICAN Proviso. Firearms on lawful except a traveller on XI. Any constable or peace officer shall search any person whom he may have good cause to suspect of coming or going from any land where he may have been unlawfully Sunday unin search of or shooting any game; and such constable or peace officer shall also stop and search any cart or other conveyance in or upon which such constable or peace a journey. officer may have good cause to suspect that any game is being carried by any such Possession of person; and should any game be found upon such person, cart, or conveyance, seize and out of season detain said game: and such constable or peace officer shall in such case apply to some Constable Justice of the Peace for a summons, citing such person to be dealt with according to the empowered to provisions of this Act. game killed unlawful. search. XII. A Justice of the Peace shall, on information in writing being lodged with him, Search-warof any person having secreted in his house, or other building, any game in violation of rant. the provisions of this Act, issue his warrant to any constable or peace officer to search therein; and should any such game be found therein, such constable or peace officer shall seize and detain the same, and shall cite such offender before a Justice of the Peace, to be dealt with according to the provisions of this Act. XIII. Married women concerned in any breach of the provisions of this Act shall be liable for the penalty thereto attaching as if they were unmarried women or principals; but the husband of the person so offending shall not be liable to be sued for the same offence; but in the case of married women, the fine may be levied upon the property of the husband. XIV. Any person resisting any constable or peace officer in carrying out the provisions of this Act shall be liable to a penalty not exceeding twenty-five dollars. XV. No person shall kill, take, or destroy any deer by slips, dead-falls, traps, or spears, under penalty of twenty dollars for every offence. Married women liable. Penalty on resisting constable. Killing deer by slips, deadfalls, traps, &c., prohibited. Offences how punished. XVI. Offences against the provisions of this Act shall be punished summarily, on information and conviction before a Justice of the Peace; and when not hereinbefore against Act, specially provided for, by a fine not exceeding twenty-five dollars, nor less than two dollars, for each head of game killed or in possession of said offender, in the discretion of such Justice of the Peace, with costs, together with the forfeiture of such game; all fines by this Act imposed to be levied on the goods and chattels of such offender; and in case he shall not have any goods and chattels on which to levy such fine and costs, or in case he shall make default in the payment thereof, then by imprisonment for a term not exceeding one month; one-half the fine to go to the informer, the remainder to the Receiver-General for the use of this colony. XVII. Nothing in this Act shall be construed to extend to any poor settler who shall kill any game for his own immediate consumption, or that of his family. Act not to extend to poor settlers. COPY of a DESPATCH from Governor SIR T. GORE BROWNE, K.C M.G., to the EARL of KIMBERLEY. (No. 62.) MY LORD, Government House, Bermuda, 19th October, 1870. With reference to your Lordship's Circular Despatch of 2nd August, requiring information as to the laws in force in this colony as to Trespass, and also as to the Preservation of Game, I have the honour to forward a letter from the Attorney-General, covering the Acts only in force on the subject of Trespass. There is no Game Law in Bermuda; but I enclose an Act passed in the late session for the extirpation of the crow and the protection and preservation of other birds. I have, &c., |
