killed or taken during the close season, or peltries or skins out of season, are kept. 47 V., c. 25, s. 11; 50 V., c. 16, s. 9. articles. 1407. Every person, found guilty of having had or having Fine against actually in his possession or keeping or under his care any persons havarticles so confiscated or liable to be so, shall in each case being certain condemned to a fine of not less than five dollars but not more than twenty dollars, and, in default of immediate payment, to an imprisonment not exceeding three months in the common gaol of the district within the limits whereof the offence was committed or the seizure or confiscation was effected. Such fine shall be disposed of as provided by article 1410. Application 50 V., c. 16, s. 9. thereof. in certain cases. 1408. Every game-keeper, if he has reason to suspect and Search warrant may be if he suspect that game, killed or taken during the close season, obtained by or peltries or skins out of season, are contained or kept in any game-keeper private house, store, shed or other buildings, shall make a deposition before a justice of the peace, in the form A of this Form of desection, and demand a search-warrant to search such store, position. private house, shed or other building, and thereupon such justice of the peace is bound to issue a warrant according to Form of warform B. 47 V., c. 25, s. 12; 50 V., c. 16, s. 10. rant. after seizure 1409. Every game-keeper shall, after each seizure and con- Proceedings fiscation of peltries or skins, cause to be established, as soon as and confiscapossible, by a competent person, duly sworn, the condition of tion to estabthe peltries or skins so seized and confiscated, place them in a of articles safe place, and then immediately report to the Department of seized. Crown Lands. lish condition person to The proprietor of such peltries or skins so seized and con- Proprietor fiscated, or his attorney or mandatary ad hoc, may, within the may appoint delays prescribed by article 1411, himself also appoint, at his examine own expense, a person who shall have a right to examine such articles. peltries or skins. If the proprietor or his attorney or mandatary ad hoc be Notice to be not present and cannot be found at the time of such seizure given if proprietor cannot and confiscation, and if the value of such peltries and skins so be found. seized and confiscated may be reasonably estimated at ten dollars at least, notice thereof shall be given, twice during fifteen days, in a newspaper published in the French language, and twice in a newspaper published in the English language, in the place where such seizure and confiscation took place, or in the nearest place if no such newspapers are published in such place ; the costs of such notice shall be at the expense of the proprietor or of his attorney or his mandatary ad hoc, if the whom paid. articles be claimed; if not, they shall be paid by the gamekeeper to whom, at the expiration of the said delay, the said peltries or skins, so seized and confiscated, shall belong. 47 V., c. 25, s. 13; 50 V., c. 16, s. 11. Costs of such notice, by Fines and their recov ery. Laws applicable. Tariff of such fines. §3.-Penalties, Proceedings, &c. 1410. Every infringement of any of the provisions of this section is punishable summarily upon prosecution, which may be brought either by the game-keeper, or by any other person, before a justice of the peace of the district in which the offence was committed or the seizure and confiscation effected. The provisions of chapter 178 of the Revised Statutes of Canada, respecting summary proceedings before justices of the peace, and of articles 2713 to 2720 of these Revised Statutes, shall, unless incompatible, apply to all prosecutions brought under this section. The fines are as follows: For every infringement of the following articles: Article 1396, §§ 2 and 3. Articles 1399 and 1400... Article 1401.... Articles 1402 and 1403. Article 1404... Article 1405. Article 1417... $30 to $ 50 50 to 100 10 to 25 2 to 5 2 to 10 25 to 50 Application of fines. payment. And of article 1415, double the fee required for the game license. Such justice of the peace shall, if he find the proof sufficient, impose the fine with costs, which fine wholly belongs to the prosecutor, if he be a game-keeper, and one half only if he do not act in an official capacity; in the latter case the other half is paid over to the game-keeper for the division, to belong to him. Imprisonment In default of immediate payment, the offender is imprisoned in default of in the common gaol of the district within the limits of which the offence was committed or in which the seizure and confiscation were effected, for any period of time not exceeding three months, and, in cases of infringement of article 1404, for a period not exceeding six months. Conviction on view. Seizures, &c., Every justice of the peace has power to convict on view. Seizures, confiscations and prosecutions are at the risk of at whose risk. the person who caused the same to be made or carried on. 47 V., c. 25, s. 14; 50 V., c. 16, s. 13. Certiorari not allowed. therefor. 1411. No proceeding under this section shall be quashed, annulled or set aside by certiorari; but an appeal may, within Appeal to Circuit Court ten days, be brought before the Circuit Court of the district and delay in which the offence took place or the seizure and confiscation were effected, in the same manner as appeals under the Municipal Code, if the proprietor or his attorney or mandatary ad Further delay hoc be present at the time of such seizure and confiscation, if proprietor when the proceedings are for such seizure and confiscation; but when the proprietor, his attorney or mandatary is not present the right of appeal remains during the whole of the delay required by the notice mentioned in article 1409. be absent. A similar delay of ten days to appeal exists respecting the Appeal in fine. cases of fines. The Government of the Province cannot be held to be re- Government sponsible for any costs incurred in virtue of such proceedings. not for pontsresponsi47 V., c. 25, s. 15. of prosecu 1412. No prosecution shall be brought after three calendar Prescription months from the day of the committing of the offence charged. tions. 47 V., c. 25, s. 16. § 4.-Appointments, Game Licenses, &c. perintendent. 1413. There shall be, for the purpose of specially ensuring Appointment the execution of this section and of all other laws respecting of game-suhunting which may be passed in future for this Province, a game-superintendent appointed by the Commissioner of Crown Lands. Such officer shall be chosen from among the permanent em- How chosen. ployees of the Department of Crown Lands. 47 V., c. 25, s. 17. 1414. The Commissioner has also the power of appointing Other persons persons to see to the observance of this section and of any law may be appointed by which may hereafter be passed relating to game in this Pro- Commissionvince, and to assign to them any territory or division which er of Crown he may, under the circumstances, deem advisable. Lands as game-keepers. These persons are to be called game-keepers, and the Commissioner may, in certain cases, restrict, as far as they are concerned and also as far as other game-keepers under his control Powers may are concerned, the powers conferred upon them by this section. be restricted. 47 V., c. 25, s. 18. Quebec and 1415. No person, who is not domiciled in the Province of Persons domi Quebec or in that of Ontario, can, at any time, hunt in this ciled outside Province, within the meaning of this section without being Ontario reauthorized thereto by license to that effect, (according to form quire license. C of this section). 47 V., c. 25, s. 19. license on payment of lars. License to be 1416. Such permit may, on payment of a fee of twenty Grant of such dollars, be granted by the Commissioner to any person, not domiciled in either of the said Provinces, who shall apply to twenty dolhim therefor, and is valid for a whole shooting season; it shall be countersigned by the game-superintendent. The fee for countersignsuch a permit shall however be only ten dollars for any person ed. belonging to a hunting and fishing club, incorporated in the Fees for perProvince of Quebec under the authority of section second of bers of cerchapter fifth of title eleventh of these Revised Statutes, re- tain clubs. specting the protection of fish and game. mit for mem Licenses may in certain cases begant It shall be lawful, however, for the Lieutenant-Governor in Council, in exceptional cases, to grant hunting permits, gratu- ed for less than itously, or for a fee less than twenty dollars. twenty dollars. Number of killed under permit restricted. Such permit shall in no case give a right to the holder therecaribou to be of to kill, in addition to the fur-bearing animals and wild birds and other birds, mentioned in articles 1399, 1400 and 1401, more than three caribou and four deer up to the first of October, eighteen hundred and ninety, and after that date more than two moose, three deer and two caribou. 47 V., c. 25, s. 20; 50 V., c. 16, s. 12. Permit to obtain birds, 1417. The Commissioner may grant written permits (accordeggs, &c., for ing to form D of this section) to any person or persons who scientific pur- may be bonâ fide desirous of obtaining birds, eggs or fur-bearposes may be ing animals for scientific purposes, to procure them for that granted. purpose during the close season; and such permits shall be countersigned by the game-superintendent. Effect of such No person who shall have obtained such permit shall be permit. liable to any penalty under this section, provided he send in to the Department of Crown Lands, at the expiration of such permit, a solemn declaration showing the species and number of the birds, eggs or fur-bearing animals so procured by him for scientific purposes. 47 V., c. 25, s. 21. Ex-officio 1418. All Crown land agents or Crown timber agents and game-keepers. all wood-rangers, appointed by the Commissioner, are, while in office as such, ex-officio, game-keepers for the divisions under their respective superintendence, and are not entitled to any additional salary for such service. 47 V., c. 25, s. 22. Returns to be sent to De 1419. Every game-keeper shall, at the end of each of the partment of months of March, June, September and December, in each Crown Lands year, forward to the Department of Crown Lands a report of his proceedings during the previous quarter and of the infringements of the game laws which have come to his knowledge during the same period. 47 V., c. 25, s. 23. by gamekeepers. Lieutenant Governormay 1420. The Lieutenant-Governor in Council may, in his disprohibit hunt-cretion, prohibit the hunting or killing of any bird or furing for five bearing animal, for a period not exceeding five years. 47 V. years. c. 25, s. 24. I, FORM A. , undersigned, game-keeper for do hereby declare that I have reason to suspect and I do suspect that (game, killed or taken, during the close season or furs, peltries or skins, out of season, &c., &c., as the case may be) is (or are) at present held and concealed (describe the property, occupant, and the place, &c.) Wherefore I pray that a warrant may be granted and given to me to effect the necessary searches in (describe here the property, &c., as above.) 47 V., c. 25, Form A; 50 V., c. 16, ss. 9, 10 and 11. game-keeper for has this day solemnly declared before me, the undersigned, that he has reason to suspect and does suspect that (game, killed or taken, during the close season, or furs, peltries, or skins, out of season, &c., as the case may be) is (or are) at present held and concealed (describe property, occupant and the place, &c.) Therefore, you are commanded by these presents, in the name of Her Majesty, to assist the said game-keeper, and to diligently help him to make the necessary searches to find the (state the game taken or killed during the close season, or furs or skins or peltries out of season, &c.) which he has reason to suspect and does suspect to be held and concealed in (describe the property, &c., as above,) and to deliver, if need there be, the said (game, &c., as the case may be) to the said game-keeper, to be by him brought before me or before any other magistrate, to be dealt with according to law. Given under my hand and seal at , this (L.S.) day of 47 V., c. 25, Form B; 50 V., c. 16, ss 9, 10 and 11 |