Wild Birds. No. 18 of 1886. An Ordinance relating to the Protection of Wild Birds. WHER HEREAS it is expedient to provide for the protection Preamble.. by the Governor of Ceylon, by and with the advice and 1 This Ordinance may for all purposes be cited as "The Wild Birds Protection Ordinance, 1886." 2 The words "wild birds" shall, for all the purposes of this Ordinance, be deemed to mean all wild birds. 3 It shall be lawful for the government agent of each province to declare, by notification in the Government Gazette, and by such other means as to him shall seem expedient for giving due publicity thereto, what shall be observed as the close season, during which wild birds shall not in anywise be destroyed in such province. And it shall be lawful for the government agent, by such notification, either to specify different close seasons for different species of wild birds, or to declare one close season for all wild birds excepting any particular species thereof; and the government agent may, by the said notification, limit such close season or close seasons aforesaid to any particular district or districts of his province. 4 Any person who during the close season in any year after the passing of this Ordinance shall knowingly and wilfully shoot, or attempt to shoot, or shall use any boat for the purpose of shooting or causing to be shot, any wild bird in respect of which such close season shall have been declared, or shall use any lime, trap, snare, net, or other instrument for the purpose of taking such wild bird, or shall expose or offer for sale, or shall have in his control or possession during the close season such wild bird recently killed or taken, or the feathers or skin of such wild bird recently killed or taken, shall be guilty of an offence, and punished by a fine not exceeding ten rupees. Provided that a person shall not be liable to be convicted of exposing or offering for sale, or having the control or possession of such wild bird recently killed or taken, or the feathers or skin of such wild bird recently killed or taken, if he satisfies the court before whom he is charged either(a) That the killing or taking of such wild bird, if in a place to which this Ordinance applies, was lawful at the time when it was killed or taken; or (b) That such wild bird was killed or taken in some place to which this Ordinance does not apply, and the fact that the wild bird was imported from some place to which this Ordinance does not apply shall, until the contrary is proved, be evidence that the bird was killed or taken in some place to which this Ordinance does not apply; or Short title. Interpretation clause. Government agent may declare close season or seasons in his province, or in any district or districts thereof. Penalties for shooting, taking. or possessing wild birds, or their feathers or skins. Proviso. Penalty for refusing to give name and place of abode. Offences to be Governor may extend or vary the close season, and make the same applicable to particular species of birds. Commencement. Wild Birds. (c) That he came into possession of such feathers or skin at a time when the killing or taking of the bird from which such feathers or skin were taken was lawful. 5 Where any person shall be found offending against this Ordinance, it shall be lawful for any person to require the person so offending to give his name and place of abode, and in case the person so offending shall, after being so required, refuse to give his real name or place of abode, or give an untrue name or place of abode, he shall be guilty of an offence, and punished by a fine not exceeding ten rupees. 6 All offences under this Ordinance may be prosecuted before a police court or village tribunal having in other respects jurisdiction; and it shall be lawful for such court or tribunal to award to the informer in any case any sum not exceeding a moiety of the fine actually recovered and realized. 7 The Governor may, by order under his hand, extend or vary any close season or seasons appointed under section 3, and such extended or varied close season may, by the said order, be limited to any particular district or districts of any province, and to any particular species of wild birds, after the making of which order the punishments imposed by this Ordinance in respect of such wild birds shall in such district or districts apply only to offences committed during the time specified in such order. Every such order as aforesaid shall be published in the Government Gazette, and a copy of the Government Gazette containing any order made under this section shall be evidence of the same having been made. 8 This Ordinance shall come into operation on the first day of January, 1887. 23rd December, 1886. Preamble. Commencement of Ordinance. Interpretation. Proviso. No. 6 of 1893. An Ordinance to prevent the wanton Destruction of Birds, certain birds, beasts, and fishes not indigenous to this colony, but which have been or may hereafter be introduced into the island: Be it therefore enacted by the Governor of Ceylon, with the advice and consent of the Legislative Council thereof, as follows: 1 This Ordinance shall come into operation at such time as the Governor shall appoint by Proclamation to be published in the Government Gazette. 2 The words "birds," "beasts," "fishes" shall, for the purposes of this Ordinance, be deemed to mean such birds, beasts, and fishes as are mentioned in the schedule hereto annexed. Provided, however, that it shall be lawful for the Governor, acting with the advice of the Executive Council, by Proclamation to be published in the Government * Proclaimed the 1st day of January. 1894. Wild Birds. Gazette, at any time or from time to time to declare that this Ordinance shall apply to any birds, beasts, and fishes to be named therein other than those mentioned in the said schedule, and upon such Proclamation being so published the provisions of this Ordinance shall forthwith be held to apply to such birds, beasts, and fishes in the same manner and to the same extent as if such birds, beasts, and fishes had been mentioned in the said schedule. It shall also be lawful for the Governor, acting with the advice aforesaid, by Proclamation to be published as aforesaid, to exempt from the operation of this Ordinance any birds, beasts, and fishes for the time being subject to the provisions thereof, and any such Proclamation to revoke or amend by any subsequent Proclamation to be published as aforesaid. 3 It shall be lawful for the government agent of any province to declare by notification in the Government Gazette and by beat of tomtom, and by such other means as shall give due publicity thereto, what shall be deemed the close season in such province or in certain districts thereof, for a period not exceeding six months during the year. It shall not be lawful for any person to take, kill, or destroy any birds, beasts, or fishes mentioned in the schedule hereto annexed within the province or district during the period so declared close. 4 No person shall take, kill, or destroy any birds, beasts, or fishes mentioned in the schedule hereto annexed without taking out a license empowering him to do so. It shall be lawful for the government agent of any province, within the limits of such province, or the chairman of the local board, where a local board is established, within the limits of such board, to grant such licenses on such conditions as shall be therein imposed, or to refuse the same, or to revoke the same after they shall have been once granted, as shall seem fit. Provided that any person to whom a license may be refused, or whose license may be revoked, shall be at liberty to apply to the Governor for redress; and it shall be competent to the Governor to make such order on the application as to him shall seem fit. 5 The application for a license must be in writing; the license shall bear a stamp of five rupees, to be supplied by the applicant. 6 The licenses granted under this Ordinance shall in no case be assignable or transferable, nor shall any person be deemed entitled to take, kill, or destroy any birds, beasts, or fishes mentioned in the schedule hereto except the person actually named in such license. 7 Nothing in the said licenses contained shall be held to allow the taking, killing, or destroying of birds, beasts, and fishes in the close season which is hereby expressly prohibited. 8 It shall be lawful for the Governor, with the advice of the Executive Council, from time to time to make regulations respecting the taking, killing, or destroying of birds, beasts, and fishes mentioned in the schedule hereto, and such regulations at any time to repeal, alter, or amend, and all licenses issued under this Ordinance shall be subject to such regulations, and any breach thereof shall be punishable as a breach of such license. Provided that such regulations shall not be inconsistent with the provisions of this Ordinance; and all such regulations or any repeal, alteration, or amendment thereof shall be published in the Government Gazette. 9 The following penalties are imposed for the following acts, which are hereby declared to be offences under this Ordinance(1) Any person who shall take, kill, or destroy any birds, beasts, or fishes mentioned in the schedule hereto within any province or district in respect of which the close season shall have been declared, and during the period so declared close, shall be liable on conviction to a fine not exceeding one hundred rupees, and in default of payment to simple or rigorous imprisonment for a period not exceeding one month. Government agent may declare a close season. No person to take, kill, &c., without license. Proviso. Reference to Application for Killing, &c., in close season prohibited. Governor to make regulations. Proviso. Penalties. Police court to have jurisdiction. Informer's share. Burden of proof. Wild Birds. (2) Any person who shall take, kill, or destroy any birds, beasts, or fishes mentioned in the schedule hereto without a license, or after the time for which the license shall be in force, or contrary to the tenor of such license, shall be liable on conviction to a fine not exceeding one hundred rupees, and in default of payment to simple or rigorous imprisonment for a period not exceeding one month. (3) Any person who shall transfer his license, and any person who shall accept a transferred license, shall each be liable to a fine not exceeding one hundred rupees, and in default of payment to simple or rigorous imprisonment for a period not exceeding one month. (4) Any person in whose possession shall be found during the period which shall have been declared close in the province or district any of the birds, beasts, or fishes mentioned in the schedule hereto, alive or dead, or the flesh thereof, which he shall not be able to account for satisfactorily, shall be liable on conviction to a fine not exceeding one hundred rupees, and in default of payment to simple or rigorous imprisonment for a period not exceeding one month. 10 Every prosecution under this Ordinance may be instituted in the police court of the division in which the offence was committed or where the offender is found, anything in "The Criminal Procedure Code, 1883," 110 or in any other Ordinance to the contrary notwithstanding. 11 It shall be lawful for the court imposing a fine under this Ordinance to award to the informer any share not exceeding a moiety of so much of the fine as is actually recovered and realized. 12 (1) In any prosecution instituted under this Ordinance against any person for having taken, killed, or destroyed any birds, beasts, or fishes without a license, the burden of proof that he holds a license shall be on the party accused, and until the contrary shall be proved he shall be deemed to have no license. (2) When a person is charged with any offence against this Ordinance he may, if he thinks fit, tender himself to be examined on his own behalf, and thereupon may give evidence in the same manner and with the like effect and consequence as any other witness. WE Vaccination. No. 20 of 1886. An Ordinance to amend the Law relating to Vaccination. HEREAS it is expedient to amend the law relating to compulsory vaccination in this island: Be it therefore enacted by the Governor of Ceylon, by and with the advice and consent of the Legislative Council thereof, as follows: 1 This Ordinance may be cited as "The Vaccination Ordinance, 1886;" and it shall come into operation upon such day as shall be named by the Governor, in a Proclamation* to be published in the Government Gazette. 2 There shall be repealed, as from and after the date of this Ordinance being brought into operation in manner herein before provided, the Ordinance No. 9 of 1863, intituled "An Ordinance to extend and make compulsory the practice of Vaccination :" Provided that such repeal shall not affect(a) The past operation of anything duly done or suffered under the said Ordinance; (b) Any penalty or forfeiture incurred in respect of any breach of the provisions of the said Ordinance hereby repealed; nor (c) Any legal proceeding or remedy in respect of such penalty or forfeiture as aforesaid. 3 For the purposes of this Ordinance, unless the context otherwise requires "Adult" shall mean a person apparently of the age of twelve years and upwards; “Child" shall mean a person apparently more than three months and less than twelve years old; “Parent” shall include the father and mother of a legiti- "Estate" shall include every estate in which labourers are 4 being in the immediate charge of any estate. Whenever the Principal Civil Medical Officer shall signify to the government agent of any province that he is ready to undertake vaccination in any district within such province, it shall be the duty of the government agent, in conjunction with the Principal Civil Medical Officer and the superintendent of vaccination of that province, forthwith to divide such district into convenient divisions, for the purpose of affording increased facilities for vaccination, and Proclaimed the 1st day of July, 1887. Preamble. Short title. Repeal of Ordinance No. 9 of 1863. Interpretation clause : "Adult." "Child." "Parent." "Guardian." "Estate." "Superintendent." Division of districts and appointment of places for the purposes of vaccination. |