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43 & 44 Vict. c. 47.

*4. Exemption from Game Licences.] The occupier and the persons duly authorised by him as aforesaid shall not be required to obtain a licence to kill game for the purpose of killing and taking ground game on land in the occupation of such occupier, and the occupier shall have the same power of selling any ground game so killed by him, or the persons authorised by him, as if he had a licence to kill game: Provided that nothing in this act contained shall exempt any person from the provisions of the Gun Licence Act, 1870.

“5. Saving Clause.] Where at the date of the passing of this act the right to kill and take ground game on any land is vested by lease, contract of tenancy, or other contract bonâ fide made for valuable consideration in some person other than the occupier, the occupier shall not be entitled under this act, until the determination of that contract, to kill and take ground game on such land. And in Scotland when the right to kill and take ground game is vested by operation of law or otherwise in some person other than the occupier, the occupier shall not be entitled by virtue of this act to kill or take ground game during the currency of any lease or contract of tenancy under which he holds at the passing of this act, or during the currency of any contract made bonâ fide for valuable consideration before the passing of this act whereby any other person is entitled to take and kill ground game on the land.

“For the purposes of this act, a tenancy from year to year, or a tenancy at will, shall be deemed to determine at the time when such tenancy would by law become determinable if notice or warning to determine the same were given at the date of the passing of this act.

“Nothing in this act shall affect any special right of killing or taking ground game to which any person other than the landlord lessor, or occupier may have become entitled before the passing of this act by virtue of any franchise, charter, or act of parliament.

6. Prohibition of Night Shooting, Spring Traps above Ground, or Poison.] No person having a right of killing ground game under this act or otherwise shall use any firearms for the purpose of killing ground game between the expiration of the first hour after sunset and the commencement of the last hour before sunrise; and no such person shall, for the purpose of killing ground game, employ spring traps except in rabbit holes, nor employ poison; and any person acting in contravention of this section shall, on summary conviction, be liable to a penalty not exceeding two pounds.

7. As to Non-Occupier having Right of killing Game.] Where a person who is not in occupation of land has the sole right of killing game thereon (with the exception of such right of killing and taking ground game as is by this act conferred on the occupier as incident to and inseparable from his occupation), such person shall,



for the purpose of any act authorising the institution of legal pro- 43 & 44 Vict. ceedings by the owner of an exclusive right to game, have the c. 47. same authority to institute such proceedings as if he were such exclusive owner, without prejudice nevertheless to the right of the occupier conferred by this act.

8. Interpretation Clause.] For the purposes of this act,—the words "ground game" mean hares and rabbits.

“9. Exemption from Penalties.] A person acting in accordance with this act shall not thereby be subject to any proceedings or penalties in pursuance of any law or statute.

10. Saving of existing Prohibitions.] Nothing in this act shall authorise the killing or taking of ground game on any days or seasons, or by any methods, prohibited by any act of parliament in force at the time of the passing of this act.

"11. Short Title.] This act may be cited for all purposes as the Ground Game Act, 1880."

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GAMING-HOUSES. Warrant to Enter.] By 8 & 9 Vict. c. 109, s. 3, any justice 8 & 9 Vict. [except within the metropolitan police district, for which see s. 6] c. 109. upon complaint on oath that there is reason to suspect any house, room, or place to be kept or used as a common gaming-house, may give authority by special warrant to any constable to enter, with necessary assistance, into such house, &c., and if necessary to use force, &c., and to arrest and bring before a justice all persons found therein. [Form of Warrant given by the act, Oke’s “ Formulist,p. 778, 6th ed.]

Justices may order instruments taken with the persons to be destroyed (see s. 8).

GARDENS IN TOWNS. 26 Vict. c. 13, s. 6, incorporates sects. 225 to 288 of “The Metro- 26 Vict. c. 13. polis Local Management Act, 1855 ” (18 & 19 Vict. c. 120), with it, and these sections relate to the ascertainment and recovery of compensation, damages and expenses (made recoverable in a summary manner) before two justices, where the amount does not exceed £50.

GAS MEASURES. Authority to Inspector to examine and test Meters.] By 22 & 23 22 & 23 Vict. Vict. c. 66, s. 20, any inspector authorized in writing under the c. 66. hand of any justice, at the request and expense of any buyer or seller of gas, who shall have given twenty-four hours' notice in writing to the other party to the contract, may at all reasonable times enter any house or shop, store, warehouse, still, yard or place whatsoever, within his jurisdiction, where any meter, whether


c. 66.

22 & 23 Vict. stamped or unstamped, is fixed or used, and examine and test the

same, and if necessary for such purpose remove such meter, doing as little damage thereby as may be; and if it be incorrect or fraudulent, it is not to be refixed or used again unless altered and repaired, so as to measure and register correctly, and stamped. [Form of Justices' Authorities, Oke's “ Formulist,” 6th ed. p. 779.]

10 & 11 Vict. c. 15.


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34 & 35 Vict. c. 41.

GAS WORKS. Act of 1847.] “The Gas Works Clauses Act, 1847," 10 & 11 Vict. c. 15, the extent of which is shown in Vol. I. Note 201, pp. 466, 467, provides for various matters being disposed of before justices, viz. :

Differences respecting plans of opening or breaking up streets, drains, &c. by the undertakers for their works, to be determined by two justices (s. 9).

Expenses of reinstating streets, drains, &c. to be recovered as damages (s. 12).

Rents due for gas, if less than £20, recovered as damages (s. 16).

Expenses of examination and repair of waterworks fouled, &c. by gas of the undertakers, to be ascertained and recovered as damages (ss. 26, 27, 28).

Damages are to be ascertained and recovered as under the 8 & 9 Vict. c. 20 (s. 48). See title “ Railways,post.

Act of 1871.] “The Gas Works Clauses Act, 1871,” 34 & 35 Vict. c. 41, is to be construed with the Act of 1847 as one act (s. 1), The following matters are authorized to be disposed of by justices, viz. :

Two justices to determine amount of security to be given by occupier to undertakers (s. 16).

Remuneration for hire of meters recoverable as rents or sums due to undertakers for gas (s. 18). See sect. 40.

Differences as to the quantity of gas consumed may be determined by two justices (s. 20).

Charges for gas may be recovered before one justice after summons, and by distress (s. 23).

Two justices may appoint a gas examiner if local authority do not, on application of consumers of gas (s. 30).

Costs of making experiments upon gas recovered before two justices (s. 37).

Rents due for gas, or rents or money due for the hiring or fixing of meters, or expenses incurred by the undertaker in cutting off the gas, may be recovered as penalties (s. 40); and by action (s. 41).

Penalties, and all moneys and costs directed to be recovered as penalties, to be recovered in manner directed by the Act of 1847 (s. 44). See Vol. I. tit. “ Gas Works," Note 205, pp. 473, 474.

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HABITUAL DRUNKARDS. Habitual Drunkards Act, 1879" (42 & 43 Vict. c. 42 & 43 Vict. ng as it does upon justices a variety of duties consists, of the c. 19. ing sections and schedules :Interpretation. In this actThe expression ‘Secretary of State' means one of her Majesty's principal secretaries of state. The expression summary conviction' means conviction before a court of summary jurisdiction. expression 'Summary Jurisdiction Acts' means*(1.) As regards England, the act of the session of the

eleventh and twelfth years of the reign of her pre-
sent Majesty, chapter forty-three, intituled ‘An
Act to facilitate the performance of the duties of
justices of the peace out of sessions within England
and Wales with respect to summary convictions and

orders,' and any act amending the same; and
* (2.) As regards Scotland, the Summary Procedure Act,

1864; and
" (3.) As regards Ireland, with reference to any matter or

proceeding in the police district of Dublin metro-
polis, the acts regulating the powers and duties of
justices of the peace for or the police of such dis-
trict, and with reference to any matter or proceeding
elsewhere in Ireland, the Petty Sessions (Ireland)

Act, 1851, and the acts amending the same.
* The expression court of summary jurisdiction' means-
" 2.) As regards England and Ireland, any justice or jus-

tices of the peace to whom jurisdiction is given by the
Summary Jurisdiction Acts; provided that the court
when hearing and determining an information or com-
plaint under this act shall be constituted either of two
or more justices of the peace in petty sessions sitting
at some place appointed for holding petty sessions, or
of some magistrate or officer sitting alone or with
others at some court or other place appointed for the
administration of justice, and for the time being
empowered by law to do alone any act authorized to

be done by more than one justice'; and
"(6.) As regards Scotland, the sheriff or his substitute.

Justice' means a justice or justices of the peace,
metropolitan police magistrate, stipendiary or other
magistrate by whatever name called, having jurisdic-
tion under the Summary Jurisdiction Acts in the place


42 & 43 Vict. c. 19.

where the matter requiring the cognizance of a justice

arises. “A retreat' means a house licensed by the licensing

authority named by this act, for the reception, control,

care, and curative treatment of habitual drunkards. “Habitual drunkard' means a person who, not being

amenable to any jurisdiction in lunacy, is notwithstanding, by reason of habitual intemperate drinking of intoxicating liquor, at times dangerous to himself or herself or to others, or incapable of managing him

self or herself, and his or her affairs. 4. Incorporation of Schedules with Forms and Rules therein.] The schedules to this act, with the notes and directions therein, shall have effect as part of this act; and the rules contained in those schedules and the forms therein given, or forms to the like effect, shall be observed, with such variations as circumstances require, by the persons, for the purposes, and in the manner therein indicated; but no instrument made in execution or intended execution of this act shall be invalidated for defect in form only.

5. Local Authority and Clerk of Local Authority.] The several bodies and officers mentioned in the second and third columns respectively of the First Schedule to this act shall be the local authority and clerk of the local authority respectively under this act, in reference to the several corresponding districts mentioned in the first column of the said schedule.

Retreats. “6. Establishment of Retreats.] The local authority may, subject to any conditions which such local authority shall deem fit, grant to any person, or to two or more persons jointly, a license for any period not exceeding thirteen months to keep a retreat: and may, from time to time, revoke or renew such license. The application for such license shall be in the Form No. 1 in the Second Schedule hereto, or to the like effect. The license shall be in the Form No. 2 in the same schedule, or to the like effect. One at least of the persons to whom a license is granted shall reside in the retreat and be responsible for its management. A duly qualified medical man shall be employed as medical attendant of such retreat, provided that when the name of the licensee shall be on the medical register he may himself act as such medical attendant.

7. To whom License not to be given.] No license shall be given to any person who is licensed to keep a house for the reception of lunatics.

“8. Power of Local Authority to transfer License.) If the licensee of any retreat becomes incapable, from sickness or other

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