H

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1. This Act may be cited as the Execution Act Amendment Act, Short title.

1892."

Rep.

2. Section 21 of the "Execution Act" is hereby repealed and the Repeals s. 21. following substituted therefor :

sec. sub 1895:21.

"21. In case of seizure under any writ of fieri facias, or execution Judge may order against goods or lands, any clerks, servants, labourers, or workmen to wages to be paid in preference to claim whom the execution debtor, or person against whom the process issues, of execution creditors. is indebted for salary or wages, may apply, or any two or more may join in applying by summons in chambers to a Judge of the Court out of which the process issues, and it shall be lawful for such Judge upon such application to order so much as shall be due to such clerk, servant, labourer, or workman, from the execution debtor for salary or wages not exceeding three months arrears, after paying the execution creditor Amount limited to his costs of judgment and execution, to be retained by the Sheriff out three months wages. of the proceeds (if any) of the execution, in preference to the remainder

of the claim of the execution creditor, and such Sheriff or other officer Sheriff to obey having charge of the execution shall obey such order on pain of Judges' order. attachment."

3. In case, after making such payment as aforesaid, the amount Right of creditor to due to the execution creditor is not realized, the execution creditor enforce his claim for any balance due. shall be at liberty to enforce his claim for any balance that may be due to him, by any subsequent process of execution against the judgment debtor.

Return of writ by
Sheriff under this
Act.

4. In all cases under this Act the Sheriff shall return the writ of execution to the Court out of which the same issues, with a correct account of the appropriation of the proceeds made thereunder.

VICTORIA, B. C. :

Printed by RICHARD WOLFENDEN, Printer to the Queen's Most Excellent Majesty】

An Act to amend and consolidate the Acts for the protection of certain Animals, Birds, and Fishes.

[23rd April, 1892.]

ER MAJESTY by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1. This Act may be cited as the "Game Protection Act, 1892."

Short title.

2. In this Act the term "animal" or "animals" shall be construed Interpretation. as meaning quadruped animals of the species, and the term "bird" or "birds" shall mean both old and young of the feathered animals.

3. None of the following animals or birds shall be hunted, trapped, taken, killed, shot at, wounded or injured, at all or at any time, viz.: Cow wapiti (commonly known as elk), cow moose, English blackbird, chaffinch, hen pheasant, linnet, skylark, thrush, robin, Virginia quail and partridge, or any bird known here by any of these names, except as regards robin, as is provided in sub-section (2) of section 17. (a.) No person shall in any one year kill more than two bull wapiti or elk and two bull moose.

Certain animals and

hunted, shot at, etc.

birds not to be

4. It shall be unlawful for any person to take or destroy in any Protection of birds manner, or buy or sell, or offer or exhibit for sale, any bird which subsisting on noxious subsists principally on noxious insects.

insects.

5. It shall not be lawful at any time of the year to shoot at any Unlawful to shoot gull in the Victoria Harbour, Esquimalt Harbour, New Westminster gulls in certain harbours, etc. Harbour, Nanaimo Harbour, or Vancouver Harbour, or in any arm, lagoon, fiord, river or creek extending from or flowing into either of the said harbours, or within half a mile of any wharf.

Unlawful to shoot in
Victoria Harbour.

Birds and animals not to be bought or sold.

6. It shall not be lawful at any time of the year to shoot any wild fowl or discharge a firearm within that part of Victoria Harbour to the north of a line drawn from Shoal Point, in the City of Victoria, to Work Point, in the District of Esquimalt.

7. No person shall at any time buy or sell, or offer or expose for sale, any pheasant, or doe of any age, or any deer under the age of twelve months.

Animals and birds 8 No person shall at any time purchase or have in possession, not to be exported in their raw state. with intent to export, or cause to be exported or carried out of the limits of this Province, or shall at any time or in any manner export, or cause to be exported or carried out of the limits of this Province, any or any portion of the animals or birds mentioned in this Act, in their raw state; and this provision shall apply to railway, steamship and express companies. In determining the question of Prima facie evidence intent of any party charged under this section, any competent proof of intent to export. that the accused has within one year exported, or caused to be exported or carried beyond the limits of this Province, any bird or animal covered by this section, or any part of such bird or animal, shall be received as primâ facie evidence of the existence of such unlawful intent charged in the complaint or information: Provided that it shall be lawful for any person having a license under section 22 of this Act to export, or cause to be exported or carried out of the Province, the heads, horns, and skins of such animals mentioned in section 23 of this Act as shall have been legally killed by such license-holder.

Proviso.

Protection of birds

matization purposes.

9. On the Mainland of British Columbia, it shall be unlawful for any person to shoot, capture, trap, or by any means destroy cock pheasants or quail.

10. No person other than the importer, on his own property imported for accli- held as a private preserve, shall hunt, trap, take, shoot at, kill or wound any game birds hereafter imported for acclimatization purposes and distributed in any part of the Province, until such time, and thereafter under such regulations, as the Lieutenant-Governor shall appoint and make under the provisions of section 31 hereof.

Provides against

birds.

11. None of the birds mentioned in this Act shall be trapped or trapping or snaring taken by means of traps, nets, snares, gins, aited lines, or other contrivances, nor shall such traps, nets, snares, gins, baited lines, or contrivances be set for them or any of them, at any time; and such Traps, etc., may be traps, nets, snares, gins, baited lines or contrivances may be destroyed destroyed. by any person, without such person incurring any liability therefor.

Birds' eggs not to be taken.

12. No eggs of any of the birds mentioned in this Act shall be taken, destroyed, or had in possession, by any person at any time.

13. Notwithstanding the provisions of this Act, it shall be lawful Authority to have birds or take eggs for the Provincial Secretary, on such conditions as he shall think fit, for certain purposes. by writing under his hand, to at any time authorize any person to trap or have in his possession any birds, or take eggs, for breeding or acclimatization purposes.

14. No person shall use or employ any net, seine, drag net, or other Nets, etc., not to be used for capturing engine, for the purpose of taking or capturing fish in any lake, pond, fish in lakes, etc. or standing water in this Province, under a penalty not exceeding two Penalty. hundred and fifty dollars, to be recovered in a summary manner before any Justice of the Peace.

15. It shall be unlawful to kill deef at any time for their hides Unlawful to kill deer alone, in any portion of this Province.'

for hides alone.

16. No person shall at any time hunt deer with dogs; but this Hunting deer with section shall not apply to that portion of the Province to the cast of dogs unlawful except the Cascade Range of mountains.

east of Cascade Range.

birds not

periods.

to be

17. Except as hereinafter provided, none of the following animals Certain animals and or birds shall be hunted, taken, killed, shot at, wounded or injured hunted, shot at, etc., during any night throughout each year, or within the periods herein- within certain after limited :(1.) Caribou, deer, wapiti (commonly known as elk), moose, hare, mountain goat, mountain sheep, or reindeer, from the first day of January to the fourteenth day of September, inclusive: (2.) Grouse, meadow lark, partridge, prairie fowl, quail, or any bird known in this Province by any of these names, from the first day of February to the first day of September, inclusive; provided that the birds known in this Province as "robins" may be destroyed in an orchard or garden at any time between the first day of June and the first day of September:

!

(3.) Cock pheasants, from the first day of February to the thirtieth day of September, inclusive; wild duck of all kinds, from the first day of March to the thirty-first day of August, inclusive. 18. Nothing in this Act shall be construed as prohibiting any resident farmer from killing at any time deer that he finds depasturing within his cultivated fields.

19. Any free miner or cattle rancher shall be permitted to kill game for his own food at any season of the year, east of the Cascade Range.

20. The wilful hunting, taking, running, or killing by dogs, of any of the aforesaid animals or birds, during the period in which they are protected by this Act, shall be deemed a violation of this Act.

Resident farmer may kill deer depasturing in his cultivated fields.

Free miner or cattle rancher may kill game for food east of

Cascades.

Provides against hunting by dogs during protection periods.

21. No person shall buy or sell, or have in his or her possession, When unlawful to have game in posany of the said animals or birds, or any part or portion of any such session. animals or birds, during the period in which they are so protected :