the head, the skin of the neck and the four legs of such moose, and shall deliver to such justice or warden such four legs to be dealt with as hereinafter provided. (3) The justice or warden taking such affidavit, if satisfied that such moose has been legally killed, shall give to such person a certificate in writing, signed by such justice or warden, to the effect that he has taken such affidavit and has examined such head, skin and legs, that the four legs have been delivered to him, and that in his opinion there has been no violation of the law in respect to the taking or killing of such moose. (4) It shall be the duty of the justice or warden, before granting a certificate under the provisions of this section, to examine the head and skin of the neck and the four legs exhibited to him for the sign or mark of any snare, trap or other illegal contrivance for the taking of moose, and if he finds any such mark or sign, or for any other reason suspects that the moose with respect to which the certificate is sought has been snared or otherwise illegally taken, he shall not grant such certificate, but shall forthwith report the facts to the Chief Game Commissioner, with the grounds of his suspicion. (5) The four legs delivered to the justice or warden under the provisions of this section shall in each case be forfeited, and shall be destroyed by such justice or warden. (6) No person shall sell, or keep or offer for sale, in any city, town, village or other place, the carcass of a moose, or any part thereof, without having in his possession a certificate issued with respect to such moose, under the provisions of this section, and he shall keep such certificate in a convenient place and exhibit the same to any warden or constable asking to see it. (7) Any person who shall deliver or ship, or deliver to any carrier or other person or company for shipment or carriage to any hotel, or the manager or proprietor thereof, or any victualler or other person Amending section 12 of Game Act. Close season for Otters. dealing in moose meat, the carcass of a moose, or any part thereof, without having in his possession a certificate issued with respect to such moose, under the provisions of this section, shall be guilty of a violation of this section. (8) Any person having in his possession a certificate issued under the provisions of this section shall, within ten days after the date of issue of such certificate, forward the same to the Chief Game Commissioner. (9) Subject to the provisions of the last preceding sub-section, no person receiving a certificate issued under the provisions of this section, shall transfer or deliver the same to any other person unless such other person shall have purchased the meat of the moose with respect to which the certificate was issued for the purpose of reselling the same; and in such case the person so disposing of the certificate shall forthwith notify the Chief Game Commissioner of the fact, giving the name and address of the person to whom the certificate has been transferred and the date of such transfer. (10) Any justice or warden taking an affidavit under the provisions of this section shall forthwith return the same to the Chief Game Commissioner. (11) The affidavit and certificate mentioned in this section may be in the forms "A" and "B" in the schedule to this act, or to the like effect. 4. Sub-section (3) of section 12 of the said act is amended by striking out the word "by" in the fourth line of said sub-section, and substituting therefor the words "for a violation of." Sub-sections (1), (2), and (3) of section 13 of the said act are amended by striking the word "March" out of each of the said sub-sections and substituting therefor in each case the word "February. " 5. Section 14 of the said act is amended by inserting the words "or otter" next after the word "mink wherever it occurs in the said section. Section 16 of the said act is amended by adding the words "or marten" next after the word "beaver" wherever it occurs in the said section. muskrat 6. Section 17 of the said Act is amended by strik-Protecting ing out the word "otter" in the sixth line thereof, and houses. by adding thereto the following sub-section :- (2) No person shall destroy, damage or molest any muskrat house, or set any snare or trap within twenty-five feet of such house. dogs. 7. Section 18 of the said act is amended by striking Hunting with Out the words "of the mammals included in the definition of game in this Act," beginning on the second line of said section, and substituting therefor the Words "mammal, whether included in the definition of game or not." between sun rise. sun 8. Section 21 of the said act is amended by adding Shooting birds next after the word "duck" in the third line thereof set and the words "wild geese, brant, or those birds named in section 2, clause (a) after the word 'waders.'' 3. Non-residents Sub-section 1 of section 39 is amended by adding carrying firenext after the word "firearm," in the fifth line of said arms. sub-section, the words "of a greater caliber than 22.” 10. Sub-section (1) of section 46 is amended by Exporting striking out all the words after the word "too," in the eleventh line of said sub-section, and substituting therefor the words "export out of the Province, in any one season, the head and the skin and the remain 11. moose head. Exporting 46 of the said act are repealed, and the following subsections substituted therefor: Sub-sections (2), (3) and (4), of said section fr (2) license, containing the number of the license and the name and address of the licensee, shall be attached to head, or to the receptacle or package containing A shipping coupon or tag issued with such such such skin or other portion of the carcass as may be Prosecutions may be discontinued. shipped or delivered for export by any non- resident licensee under the provisions of the last preceding sub-section; and such non-resident licensee shall, if required by any warden, make a statutory declaration to the effect that the moose, the head or other portion of which he is exporting, was lawfully killed by him, and shall, on demand of any warden, produce his license or satisfactorily account for the non-production thereof. (3) No person shall export, or attempt to export, or cause to be exported or carried out of the limits of the Province, any package containing the skin, hide or pelt of any fur-bearing animal, whether such animal is included in the definition of game or not, without first obtaining a written permit from a warden who shall have examined such package; and there shall be attached to such package a tag or label on which the warden shall have certified over his signature that he examined such package and issued such permit. (4) The permit referred to in the next preceding sub-section shall contain a list of the skins, hides or pelts contained in such package and the name and address of the person or firm shipping such package and of the person or firm to whom said package is to be shipped; and the person obtaining such permit shall, immediately after the shipment of such package, return such permit to the Chief Game Commissioner. (5) Any mammal or bird, or any skin, hide, pelt or other portion thereof, attempted to be exported contrary to the provisions of this section, may be seized by any warden or constable, and when so seized shall be forfeited and disposed of as provided in this act. 12. Section 77 of the said act is amended by adding thereto the following sub-section : (2) The Chief Game Commissioner may, in his discretion, compromise or discontinue any case, either before or after prosecution, upon payment by or on behalf of the accused person of a sum not less than the minimum fine or pecuniary penalty provided by this act for the offense complained of. proof. 13. Section 85 of the said act is amended by adding Burden thereto the following sub-section :- (2) In any prosecution under section 9 for neglecting to make the affidavit required by that section, or for selling or for offering for sale moose meat without holding the required certificate, or for not returning such certificate to the Chief Game Commissioner, the burden shall be upon the accused of proving to the satisfaction of the magistrate that he made such affidavit, or that he held such certificate, or that he duly returned or otherwise disposed of such certificate according to the provisions of this act, as the case may be. officials. 14. Section 92 is amended by adding at the end Powers thereof the following words, "and they shall have, for that purpose, all the powers conferred upon wardens by the provisions of this act." of holding license. 15. Section 94 of the said act is amended by Penalty for not adding thereto the following sub-section : (2) In case of a violation of any of the provisions of this act requiring a license to be taken out, the amount of the fee payable for such license shall be added to any other penalty imposed for such violation under any of the provisions of this act. affidavit 16. Paragraph 2 of the affidavit, schedule A, of Form of the said act is repealed and the following substituted therefor:- (2) The head, the legs and the skin of the neck which I now exhibit to the justice taking this affidavit are the head, the legs and the skin of the neck of such moose. ficate 17. Schedule B of the said act is amended by in- Form of certiserting the words "head, the" next before the word "skin" wherever it occurs in said schedule. |