THE GAME LAWS.

Otago Witness, Issue 801, 6 April 1867, Page 1

THE GAME LAWS.

(From the Dailt Times, March 30.)

On looking further into the game protection acts, we find that the clause we quoted a few days back applies not to the Act of 1 365, but to the Protection of Certain Animals Act, 1864. By that Act it was J provided that "no wild duck, paradise " duck, or pigeon indigenous to the Colony "*' shall be bunted, taken or killed, except ♦'duringthemonthsof April, May, June,and w July in any year." This clause has been duly applied tn the Province by proclamation. In 1865 a new Act wa9 passed, -containine, amongst other amendments, an alteration of the months to May. June, July and August ; but requiring that the clause should be applied only to the different Provinces by proclamation. It further provided for the repeal of the 1864 Act, excepting that all proclamation* under it should continue in force until the Governor in Council annulled the ■same. The Act contained a power to delegate to the Superintendents all or any of the powers conferred on the Governor or Governor in Council by the Act. The only thing which has been done under this Act in respect to Otago was, to delesate to the late Superintendent the powers it contains. But Mr. Dick did nothing in virtue of the delegation, and the clause changing the months has therefore not been applied to Otago, neither has the proclamation under the Act of 1864 been rescinded. We take it, therefore, that there is no doubt whatever that the proclamation stands, and that in virtue of it the shootiug season in Otago is during the four months, April, May, June, and July. Another delicate question has arisen in respect to an Act passed last session, by which it was made necessary to take out licenses for shooting and for selling " game," at the rate of £5 per year each. This Act by Proclamation has been made to apply to Otago ; but it is questionable whether the Act itself is meant to deal with indigenous birds, and, therefore, whether it will be necessary to take out licenses for shootins and sellingwild ducks and pigeons. The point turns upon the interpretation of the word " game." The Act thus defines it—

The word game for all the pnrpoae» of this Act shall be deem-d to include deer of any land swan wild goose or wild duck of any imported species whatever hares pheasitts and partridaes grouse Eng'.ish plover qaail heath or moor game black game and bustards and such word shall also mean any animals or birds which shall have been or shall be proclaimed to c T>e under the operation of any of the provisions of The Protection of Certain Animals Act 1865

The question is, whether indigenous birds are included in the words, " birds 4t which shall have been or shall be pro- " claimed," &c. &c. We are strongly of opinion that these words are not meant to include the indigenous birds, which are ■specially dealt with in a separate clause ; but that they (the words) are meant to apply to another clause of the Act of 1865, which save to the Governor Re power to declare from time to time other birds than those mentioned in the Act to came under its provisions. The clause wa3 introduced to provide for the contingency of new birds, other than those specified, being introduced into the Colony ; and in the ISG6 Act, the words we have quoted were introduced to enable any such new birds to be brought under the designation of "game," and to be protected accordingly. If this interpretation be correct, no licenses are required for shooting or selling indigenous wild •duck or pigeon ; and as the law at present stands, there is nothing to prevent the season commencing on the Ist Anril, — that is to say, on Monday next. We have been thu3 lengthy in our remarks, because very considerable doubt on the subject appears to exist. A great many people are proposing to take out licensee, whilst others are of opinion that they are restrained from shooting till the Ist May.