544 LEGISLATION 



breakers, for it is of no avail to make laws which cannot be kept or 

 at least enforced, and in a great many of these restrictive ordinances 

 Nature was too strong for the settlers and beat them very frequently. 



In view of the keen desire which arose early in the history of 

 the colony to enter on an extensive introduction of foreign species 

 of animals and plants, protective legislation was passed as early as 

 1861. In that year the Provincial Council of Nelson passed "An 

 Act to provide for the protection of certain Animals, Birds, and 

 Fishes imported into the Province of Nelson." There were practically 

 no specially imported animals at the time, but the law was for the 

 protection of such species as "may at any time be imported into the 

 said province." And to make it drastic enough a penalty up to fifty 

 pounds was imposed for killing, taking or destroying, or selling or 

 offering for sale any such animal, bird, or fish; with a penalty not 

 exceeding ten pounds "for taking or destroying any egg of any bird 

 or spawn of any fish, proclaimed to come under the operation of 

 this Act." 



In the same year a "Protection of Certain Animals Act 1861" 

 was passed by the Colonial Parliament, in which Section 2 provided 

 that: " No Deer of any kind, Hare, Swan, Partridge, English Plover, 

 Rook, Starling, Thrush or Blackbird, shall be hunted, taken or killed 

 at any time whatever before the first day of March, which shall be 

 in the year 1870, and after that day only during the months of April, 

 May, June and July in any year." Section 3 adds pheasant and quail 

 to this list ; and 4 says : " No Wild Duck or wild goose of any imported 

 species shall be hunted, etc." Later sections prohibit the poisoning 

 or trapping of any of these animals ; no one is to have them in posses- 

 sion without lawful excuse, nor to sell or offer to sell, or buy or offer 

 to buy such animals or birds." It is all rather curious and interesting 

 legislation, for it was almost entirely anticipatory, as the animals 

 referred to were mostly not introduced till a later date. Four years 

 later this Act was re-enacted. In 1866 it was amended, and the 

 ideas dominating the minds of the legislators of that time appear 

 chiefly to have been the preservation of "game" for such as could 

 afford to shoot. It defines the word "game" to include deer of any 

 kind, swan, wild goose or wild duck of any imported species whatever, 

 hares, pheasants, partridges, grouse, English plover, quail, heath- or 

 moor-game, black grouse or bustards. Yet at the time of the passing 

 of this Act none of the animals whose names are in italics had been 

 introduced into the colony, and some, such as bustards, have not even 

 been attempted. Provision was made for proprietors or tenants de- 

 stroying hares on their own enclosed lands, for coursing hares by 

 greyhounds or hunting them with beagles, for killing deer on enclosed 



