« EdellinenJatka »
tinue in force for more than one week from the date thereof. [Forms, 28 & 29 Vict.
c. 121. 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
FISHING-BOATS. 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 “De
“ ductions from Wages”), “Recovery of Master's Wages,” “Recovery of Allotment Notes,” and “Repayment of Relief to Seamen's Families.”
FOOD AND DRUGS (SALE OF). 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
38 & 39 Vict. c. 63.
missioners of sewers of the city of London and the liberties
thereof; And in all other parts of the metropolis, the restries and district
boards acting in execution of the act for the better manage
ment 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.”
FORCIBLE ENTRY AND DETAINER. 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.
33 & 34 Vict. c, 90.
FOREIGN STATES. “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," ante, p. 1082.]
» c. 90.
FORGERY. Search warrant for papers or implements and forged instruments, &c., see Note 62, ante, p. 1087.
FRIENDLY SOCIETIES. "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:
referred to justices, the dispute shall be determined by a
Provided that in every case of dispute cognizable under
may hear and determine the matter in dispute.
no decision is made on a dispute within 40 days after ap-
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 kil hares by themselves without a [licence to kill game, 23 & 24
11 & 12 Vict. Vict. c. 90, s. 6], and if by another person, an authority in writing c. 29.
in the following form must be given :
I, A, B., do authorize C. D. to kill hares on my lands (or the lands occupied by me, as the case may be], within the of (here insert the name of the parish or other place, as the case may be]. Dated this — day of [here insert the day, month and year]. Witness
[See also 23 & 24 Vict. c. 90, s. 5.]
By 11 & 12 Vict. c. 29, s. 2, such authority is not to be given to more than one person at one and the same time, and it, or a copy, is to be delivered to the clerk to the magistrates for the petty sessions division within which the said lands are situate, who shall forthwith register the same, and the date of such registration, in a book to be kept by him for such purpose, which book shall be at all reasonable times open to the inspection of the clerk to the commissioners for assessed taxes, or any of the collectors within such district. This authority is to be held good until after the first of February in the year following that within which the same is granted, unless the same be previously revoked, and notice of such revocation be given to the clerk to the magistrates as aforesaid ;-and the said registered authority, or the unrevoked register thereof, shall be good and sufficient evidence of the right of the person to whom authority is given by the same to kill hares upon the lands mentioned within the same, without having obtained an annual [licence to kill game, 23 & 24 Vict. c. 90, s. 6]. Vide Oke's “ Formulist,” 6th ed. pp. 777, 778, for the mode of registering and form of Register Book, and Notice of Revocation of Authority.]
43 & 44 Vict. c. 47.
GROUND GAME ACT, 1880.
"1. Occupier to have a Right inseparable from his Occupation to kill
self or by persons duly authorised by him in writing :
in writing by such occupier shall be the only persons
(6.) No person shall be authorised by the occupier to kill 43 & 44 Vict.
or take ground game, except members of his house- c. 47.
taking and destruction of ground game.
mand by any person having a concurrent right to take
not be deemed to be an authorised person.
the purposes of this act by reason of his having a right of
for not more than nine months.
arable lands), the occupier and the persons authorised by him
twenty-five acres in extent.
"3. All Agreements in Contravention of Right of Occupier to destroy Ground Game void.] Every agreement, condition, or arrangement which purports to divest or alienate the right of the occupier as declared, given, and reserved to him by this act, or which gives to such occupier any advantage in consideration of his forbearing to exercise such right, or imposes upon him any disadvantage in consequence of his exercising such right, shall be void.