No. 126
12th October 1870
My Lord,
I have had the honor to receive Your Lordship's Circular Despatch of the 2nd August requiring information as to the Laws in force in the Colonies as to Trespass and also as to the preservation of Game.
2. With regard to the Law of Trespass, it is thesameManuscript image same as in England on the 19th of November, 1858, as provided by the "English Law Ordinance 1867," No 27, of which I enclose a Copy; with the exception made by Section III of the "Fence Ordinance, 1869" No 9, also enclosed, applicable to Fence Districts as therein provided.
3. The preservation of Game, so far as is practicable, in this Colony is provided for by the "Game Ordinance, 1870" which I forward.
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4. No special observations seem necessary upon the provisions of these Ordinances.
I have the honor to be,
My Lord,
Your most obedient
humble Servant
A. Musgrave
Minutes by CO staff
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CC 8/11
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Mr Herbert
Trespass & Game Law B Columbia. The Game Law is as much an Ordinance for the preservation of small birds as for the preservation of Game.
A year or so ago it was thought necessary to pass an Ordinance in Hong Kong to prevent the Portugese Youth from indiscriminately slaughtering Small birds in the vicinity of Victoria. But these birds were not dignified by the title of "Game" as Robins are in B.C.
Keep with other replies.
WR 9/11/70
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I thought that only the French considered such small birds "fair game."
At once.
RGWH Nov 9/70
Documents enclosed with the main document (not transcribed)
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Printed copy of "An Ordinance to assimilate the general application of English Law," assented to by Seymour, 6 March 1867.
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Printed copy of "An Ordinance to provide for the Fencing of Land in British Columbia," assented to by Seymour, 1 March 1869.
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Printed copy of "An Ordinance entitled the 'Game Ordinance, 1870,'" assented to by Musgrave, 20 April 1870.