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which or at the place at which it was used to be held previous to 31 & 32 Vict. the making of such order."

c. 51.

Justices' Representation to Home Secretary to abolish Fair-Publi- 34 Vict. c. 12. cation of Home Secretary's Order.] By 34 Vict. c. 12 (which recites that "certain of the fairs held in England and Wales are unnecessary, are the cause of grievous immorality, and are very injurious to the inhabitants of the towns in which such fairs are held, and it is therefore expedient to make provision to facilitate the abolition of such fairs"), sect. 3, "in case it shall appear to the secretary of state for the home department, upon representation duly made to him by the magistrates of any petty sessional district within which any fair is held, or by the owner 45 of any fair in England or Wales,-that it would be for the convenience and advantage of the public that any such fair shall be abolished, it shall be lawful for the said secretary of state for the home department, with the previous consent in writing of the owner for the time being of such fair, or of the tolls or dues payable in respect thereof, to order that such fair shall be abolished accordingly :-provided always, that notice of such representation, and of the time when it shall please the secretary of state for the home department to take the same into consideration, shall be published once in the London Gazette, and in three successive weeks in some one and the same newspaper published in the county, city or borough in which such fair is held, or if there be no newspaper published therein, then in the newspaper of some county adjoining or near thereto, before such representation is so considered." By sect. 4, "When and so soon as any such order as aforesaid shall have been made by the secretary of state for the home department, notice of the making of the same shall be published in the London Gazette, and in some one newspaper of the county, city, or borough in which such fair is usually held, or if there be no newspaper published therein, then in the newspaper of some county adjoining or near thereto,-and thereupon such fair shall be abolished."


Expenses of Brigade when employed beyond the Metropolis.] By 28 & 29 Vict. 28 & 29 Vict. c. 90, "The Metropolitan Fire Brigade Act, 1865," c. 90. sect. 30, the Metropolitan Board of Works, when occasion requires, may permit any part of the Fire Brigade Establishment, with their engines, escapes, and other implements, to proceed beyond the

45 Definition of "Owner."]-The term "owner" means any person or persons, or body of commissioners or body corporate, entitled to hold any fair, whether in respect of the ownership of any lands or tenements, or under any charter, letters patent, or act of parliament, or otherwise howsoever (31 & 32 Vict. c. 51, s. 2; 34 Vict. c. 12, s. 2).


c. 90.

28 & 29 Vict. limits of the metropolis, 46 for the purpose of extinguishing fires. "In such case the owner and occupier of the property where the fire has occurred shall be jointly and severally liable to defray all the expenses that may be incurred by the fire brigade in attending the fire, and shall pay to the board a reasonable charge for the attendance of the fire brigade and the use of their engines, escapes and other implements. In case of difference between the board and the owner and occupier of such property, or either of them, the amount of the expenses, as well as the propriety of the fire brigade attending such fire (if the propriety thereof be disputed), shall be summarily determined by two justices [and an order made (s. 25)]. In default of payment, any expenses under this section may be recovered by the board in a summary manner" [also "before two justices in manner directed by the act 11 & 12 Vict. c. 43 (Vol. I. pp. 127, 128), or any act amending the same" (s. 24)].

24 & 25 Vict. c. 109.


Recovery of Damage occasioned to Dam by a Fish Pass.] The 24 & 25 Vict. c. 109, s. 23, after providing for the offences of damaging a fish pass, &c. (Offences 17-19, Vol. I. p. 422), which may be erected with the written consent of the Home Office, further provides, "that if any injury is done to any dam by reason of the affixing of a fish pass in pursuance of this section, any person sustaining any loss thereby may recover compensation for such injury in a summary manner from the person or body of persons by whom such fish pass has been affixed," i. e. by sect. 35, under 11 & 12 Vict. c. 43, within six months (Vol. I. p. 135), being the same as for penalties; but 28 & 29 Vict. c. 121, s. 59, provides, that this compensation shall not be recovered unless the proceedings are instituted within two years after the time at which the fish pass was first affixed to the dam.

Search Warrant for Salmon, Nets, &c.] By sect. 34, any justice, upon an information on oath that there is probable cause to suspect any breach of the provisions of this act to have been committed on any premises, or any salmon illegally taken, or any illegal nets or other engines to be concealed on any premises, may by warrant authorize and empower any inspector, water bailiff, conservator, constable or police officer to enter such premises for the purpose of detecting such offence, or such concealed fish, at such time or times, in the day or night, as in such warrant may be mentioned, and to seize all illegal engines, or any salmon illegally taken, that may be found on such premises;-provided that no such warrant shall con

46 The term "metropolis" is, by sect. 2, to mean the city of London and all other parishes and places for the time being within the jurisdiction of the Metropolitan Board of Works. See 18 & 19 Vict. c. 120, s. 250.


tinue in force for more than one week from the date thereof. [Forms, 28 & 29 Vict. pp. 775, 776, Oke's "Formulist," 6th ed.]

The foregoing section is by the 9th section of "The Freshwater Fisheries Act, 1878" (41 & 42 Vict. c. 39), made to apply as if the word "salmon" included trout, char and all freshwater fish.

Justice's Order to Water Bailiff to enter on Land.] By 28 & 29 Vict. c. 121, s. 31, "where it appears to any justice of the peace, on the application of any conservator or water bailiff made on oath, that such conservator or bailiff has good reason to suspect that acts in contravention of the Salmon Fishery Acts, 1861 and 1865, are being or are likely to be done on any land situate on or near to a salmon river, the justice may, by order under his hand, authorize such conservator or bailiff, during a limited period, to be specified in such order, not exceeding twenty-four hours, to enter upon and remain on such land during any hours of the day or night for the purpose of detecting the persons guilty of the aforesaid acts;-and no conservator or water bailiff entering or remaining on any land in pursuance of such order shall be deemed to be a trespasser; but this section shall not affect any other powers of search conferred by the Salmon Fishery Acts, 1861 and 1865.

The recognizance to appeal to a superior court against a decision of the special commissioners may be entered into before a justice, and in such sum as the justice thinks fit (s. 45).

Fisheries in the River Thames and Isis.] See "The Thames Conservancy Act, 1864," 27 & 28 Vict. c. 113, ss. 65, 66, 67, 76, 77; 29 & 30 Vict. c. 89, s. 41


c. 121.

By 25 & 26 Vict. c. 63, "The Merchant Shipping Act Amendment 25 & 26 Vict. Act, 1862," s. 13, certain specified provisions of "The Merchant c. 63. Shipping Act, 1854," 17 & 18 Vict. c. 104, are to apply to "registered seagoing ships exclusively employed in fishing on the coasts of the United Kingdom." Under this the subject of revising lists of voters for members of local marine boards, in tit. "Merchant Shipping," post, will apply;-also the following matters in tit. "Seamen," post, viz., "Recovery of Seamen's Wages" (except ss. 143, 145, and 149 to 155 upon "Evidence," &c., and s. 256, under the head of "Deductions from Wages"), "Recovery of Master's Wages," "Recovery of Allotment Notes," and "Repayment of Relief to Seamen's Families."


Under "The Sale of Food and Drugs Act, 1875," powers are con- 38 & 39 Vict. ferred upon certain public bodies to appoint analysts of all articles c. 63.

of food and drugs sold within the limits for which they act, as


Sect. 10. In the city of London and the liberties thereof, the com



4 x


38 & 39 Vict. c. 63.

33 & 34 Vict. c. 90.

missioners of sewers of the city of London and the liberties thereof;

And in all other parts of the metropolis, the vestries and district boards acting in execution of the act for the better management of the metropolis;

The court of quarter sessions of every county; and The town council of every borough having a separate court of quarter sessions, or having under any general or local act of parliament or otherwise, a separate police establishment; may, as soon as convenient after the passing of this act, where no appointment has been hitherto made, and in all cases as and when vacancies in the office occur, or when required to do so by the Local Government Board, shall, for their respective city, districts, counties or boroughs appoint one or more persons possessing competent knowledge, skill and experience, as analysts of all articles of food and drugs sold within the said city, metropolitan districts, counties or boroughs, and shall pay to such analysts such remuneration as shall be mutually agreed upon, and may remove him or them as they shall deem proper; but such appointments and removals shall at all times be subject to the approval of the Local Government Board, who may require satisfactory proof of competency to be supplied with them, and may give their approval absolutely or with modifications as to the period of the appointment and removal or otherwise. Provided that no person shall hereafter be appointed an analyst for any place under this section, who shall be engaged directly or indirectly in any trade or business connected with the sale of food or drugs in such place."


The proceedings by justices upon view, with the necessary forms, will be found in Burn's Just., not being within 11 & 12 Vict. c. 43; but there is considerable difficulty in the practical application of the statutes on the subject: and in the case of Ex parte Davey (2 Dowl. 24), the court refused to grant a mandamus to compel a magistrate to proceed under them.


"The Foreign Elistment Act, 1870," 33 & 34 Vict. c. 90, s. 7, after enacting the offence of a master or owner of a ship taking on board illegally enlisted persons, and the punishment provides (inter alia), in sub-s. 2, that such ship shall be detained until the trial and conviction or acquittal of the master or owner, and until all penalties inflicted on the master or owner have been paid, or the master or owner has given security for the payment of such penalties to the satisfaction of two justices of the peace, or other


magistrate or magistrates having the authority of two justices of 33 & 34 Vict. the peace. [For offences under the act, see tit. "Foreign States," c. 90. ante, p. 1082.]


Search warrant for papers or implements and forged instruments,

&c., see Note 62, ante, p. 1087.


"The Friendly Societies Act, 1875" (38 & 39 Vict. c. 60), by 38 & 39 Vict. sect. 5 and schedule 1 repeals all the former statutes upon the c. 60. subject, consolidating and amending the laws as applicable to such societies. The only section, however, which it is necessary to refer to in this place is the 22nd, which provides, under certain circumstances, for the reference of disputes amongst the members to justices of the peace. That section enacts, that—

"Every dispute between a member, or person claiming through a member, or under the rules of a registered society and the society, or an officer thereof, shall be decided in manner directed by the rules of the society, and the decision so made shall be binding and conclusive on all parties without appeal, and shall not be removable into any court of law or restrainable by injunction: and application for the enforcement thereof may be made to the county court. Provided as follows:

(c) Where the rules of a society direct that disputes shall be referred to justices, the dispute shall be determined by a court of summary jurisdiction.

Provided that in every case of dispute cognizable under the rules of a society by a court of summary jurisdiction, it shall be lawful for the parties thereto to enter into a consent referring such dispute to the county court which may hear and determine the matter in dispute.

(d) Where the rules contain no directions as to disputes, or where no decision is made on a dispute within 40 days after application to the society for a reference under its rule, the member or person aggrieved may apply either to the county court, or to a court of summary jurisdiction which may hear and determine the matter in dispute."


Licences to deal in.] See ante, title "Game," p. 1217.

c. 29.

Killing Hares.] By 11 & 12 Vict. c. 29, s. 1, persons in the 11 & 12 Vict. occupation of inclosed lands, or owners entitled to the game, may kill hares by themselves without a [licence to kill game, 23 & 24

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