No. XXII.
An Act to provide for the preservation of Im
ported Game and dur ing the breeding season
| of Native Game, | [7th April, 1866.] |
of t h e Colony game no t previously exis t ing the re in and i t is expedient W H E R E A S p a r t s beyond t h e seas a t considerable expense for t he benefit
| cer ta in persons have | impor t ed and m a y impor t | from |
| for t h e space of t en years . |
t h a t encouragemen t should be given to such impor ta t ions of game by p ro tec t ing i t a n d i t s p rogeny as also t h a t na t ive game should du r ing
| t h e b reed ing season have a similar pro tec t ion | Be i t therefore | enac ted |
| b y t h e Queen ' s Mos t Exce l l en t Majesty by | and | wi th | t h e | advice | a n d |
| consent of t h e Legislat ive Counci l a n d Legis la t ive | Assembly | of | N e w |
| South W a l e s in | P a r l i a m e n t | assembled | and | by | t h e | au thor i ty | of | t h e |
same as follows :—
| 1. | For | t h e purposes of t h i s A c t t h e t e r m | " game " | shal l | m e a n |
| a n d inc lude all b i rds a n d o ther an imals men t ioned in t h e | first | Schedule |
to th i s A c t a n d t h e t e r m s " na t ive game " shal l m e a n a n d inc lude al l b i rds a n d other an imals ment ioned in t he second Schedule to th i s Ac t .
2. This A c t shal l come in to opera t ion and be in force as regards
| b i rds a n d other an imals n a m e d in t he | first | section of th i s A c t | from |
| t h e da te of i ts pass ing a n d shall con t inue and be i n force for | t h e |
per iod of five years and for a fur ther l ike t e r m d u r i n g t h e period of t h e year ment ioned in t h e first Schedule from t h a t date and as regards t h e birds and animals men t ioned in t h e second Schedule to th i s A c t
3. The period of t h e year du r ing which th is A c t shall be in opera t ion as regards birds and o ther animals ment ioned in t h e second Schedule to th i s A c t shall be t h e periods and t imes ment ioned in such Schedule .
| 4 . I f a n y person shall wilfully cap tu re ki l l or destroy a t | any |
| t ime any game or shall use any i n s t r u m e n t | whatever ne t or any o ther |
means for t h e purpose of c ap tu r ing k i l l ing or des t roying any game such person shal l upon convict ion forfeit and pay a pena l ty n o t exceeding t h e s u m of two pounds in addi t ion to t h e value of each b i rd or o ther an ima l so destroyed which value shall be t h e s u m set opposi te t h e n a m e of such b i rd or an imal in t h e first Schedule to th i s Ac t which value shall be adjudged to t he owner if c la imed by h im.
5. I f any person shall wilfully kil l or destroy any nat ive game
wi th in t h e per iod ment ioned in t he second Schedule to th i s Ac t as
t h e period of prohibi t ion in r ega rd to any bird or o ther an ima l be ing
| na t ive game or shall use | any | i n s t r u m e n t wha tever | ne t | or any o ther |
means w i th in t h e period aforesaid for t he purpose of k i l l ing or des t roying any na t ive game such person shall upon conviction forfeit and pay any s u m n o t exceeding t h e sum of two pounds .
| 6. I f any person shal l b u y sell or knowing ly have in his possession house or control any game a t any t ime or any na t ive | game |
wi th in t h e per iod referr ing to such na t ive game respectively in t h e second Schedule to th i s A c t every person so offending shall forfeit and pay a pena l ty no t exceeding t h e sum of five pounds for every head of game in addi t ion to t he va lue of any such game such value to be assessed by t h e Jus t i ce or Jus t i ces hea r ing the case for every head of na t ive game so found in his house possession or control .
| 7. I f a n y person shall wilfully t ake out of t h e nes t or | destroy |
in t h e nest t h e eggs of any b i rd of game or nat ive game or shall knowing ly have in his house or possession any such eggs every such person shall forfeit a n d pay a pena l ty n o t exceeding t h e s u m of t e n shil l ings for each egg so destroyed or found in his possession or control .
| 8. | N o t h i n g in th i s Ac t shall ex tend or be cons t rued | to | ex tend |
to any person being the owner of any game or na t ive game hav ing in his possession any such game or na t ive game in confinement or in a domest ica ted s ta te provided such game shall no t have been found wild or such na t ive game shall no t have been caugh t or t aken wi th in a per iod prohib i ted by t h e second Schedule to th i s A c t nor to t h e
| possession of such eggs. | owner of any eggs t a k e n from t h e mew or breeding-place or to t h e |
| 9. I f any person shall be found offending against t he provisions of th i s A c t a n d shall no t | give | his n a m e a n d | address | a n d | shall | no t | |
| deliver u p a n y game na t ive game or any i n s t r u m e n t n e t or o ther means used to ki l l or destroy any game or na t ive game to any person who m a y d e m a n d the same i t shal l be lawful for such person wi th any |
| assistance he m a y requi re a n d for a n y constable to t ake such | person | |
| into cus tody and t ake h im before t he neares t Ju s t i ce of t h e Peace to be dealt w i th according to law a n d a n y person who shall assaul t or resist any such person so demand ing such game nat ive game ins t ru m e n t ne t or o ther means of des t ruc t ion shall forfeit and pay a pena l ty n o t exceeding five pounds besides any o ther pena l ty he m a y have |
| incur red | u n d e r | th is | Ac t . | |
| 10. | Al l offences u n d e r th i s A c t may be hea rd | a n d | de te rmined |
in a s u m m a r y way before any Jus t i ce of t he Peace a n d if any person shall feel himself aggrieved a t any decision given u n d e r th is A c t h e
| m a y appeal to t h e nex t Genera l Sessions holden neares t to t he | place |
| where such decision shall t ake place. |
| 1 1 . | One half | of all penal t ies recovered u n d e r th i s A c t shall go |
to and for t h e solo use of any person who m a y sue for t h e same.
| 12. | A n y Jus t i ce | hea r ing | any compla in t | u n d e r | th is | A c t | m a y |
dismiss t h e same wi th such costs as to such Jus t i ce m a y seem fit n o t exceeding five pounds a n d a certificate of such dismissal shall be a ba r t o a n y o ther proceedings for t h e same ac t in any Cour t of L a w or E q u i t y .
13 . This A c t shall no t ex tend or apply or be const rued to ex t end
or apply to any aboriginal na t ive of Aus t ra l i a unless employed by a n y o the r person or as r ega rds an imals ment ioned in t h e second Schedule to a n y Collector of specimens of N a t u r a l H i s to ry for any Pub l i c
| M u s e u m in t he Colony a n d duly author ized in t h a t | behalf. |
S C H E D U L E S .
| T H E | F I R S T | S C H E D U L E . |
| Pheasants | £ 5 | Pee r | £ 1 5 |
| Partr idges | £ 5 | Swans | £ 5 |
| Grouse | £ 5 | Antelope | £ 1 5 |
| Hares | £ 5 |
Al l birds not indigenous to Austra l ia and their produce £ 1 .
Prom the 1st day of Augus t to the 31st day of December in each year.
| T H E | S E C O N D | S C H E D U L E . |
| Wi ld Ducks of any species. | Mallee Hen. |
| Teal. | Quail. |
| E m u . | |
| Nat ive Companions. | Curlew. |
| Wi ld Turkey or Bustard. | Tallegalla or Brush Turkey. |
| Black Swans. | Plover of any species. |
| Wi ld Geese. | Great Kingfisher commonly known as |
| Bronzed-winged and other wild | the Laughing Jackass. |
Pigeons.
From the 1st August to 31st December.