Sivut kuvina
PDF
ePub

as to time for

4. Subject to the provisions contained in sections thirty-nine, Board of conforty, forty-one, forty-two, forty-three, forty-four, and forty-five of servators may the Salmon Fishery Act, 1873, for the making, confirming, pubmake byelaws lishing, and proving of byelaws, a board of conservators may, at killing trout. any time after the commencement of this Act, make a byelaw and alter the same from time to time for the following purpose; (that is to say,)

To alter the period during which it shall be illegal to take or kill trout within any fishery district, or in any portion of a fishery district, so that the period within which trout may not be taken or killed shall not commence earlier than the second day of September nor later than the second day of November in each year, and shall not be less than one hundred and twenty-three days;

and the said board may by any such byelaw impose a penalty not exceeding five pounds for each offence against such byelaw, and such penalties shall be recovered and applied in manner provided in and by the Salmon Fishery Act, 1873.

CHAPTER 20.

An Act to facilitate the Revision of the Statute Law by
substituting in certain Acts, incorporating Enactments
which have been otherwise repealed, a reference to
recent Enactments still in force. [27th June 1876.]

B
E it enacted by the Queen's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the authority of the same, as follows:

Jurisdiction

1. There shall be repealed so much of section ten of the Inclosure Substitution Act, 1848, and of section ten of the Inclosure Act, 1849, and of of Summary section thirty-three of the Inclosure Act, 1852, as incorporates or Act for rerefers to any provisions of the Act of the seventh and eighth years pealed Act of the reign of King George the Fourth, chapter thirty, intituled 7 & 8 Geo. 4. "An Act for consolidating and amending the laws in England tain sections of "relative to malicious injuries to property,' and which last- the Inclosure mentioned provisions have since been repealed, and in place thereof, Acts 11 & 12 be it enacted, that

c. 30. in cer

Vict. c. 99.

s. 10., 12 & 13

Vict. c. 79.

Any offence under section ten of the Inclosure Act, 1848, and Vict. c. 83. under section ten of the Inclosure Act, 1849, and under section S. 10., 15 & 16 thirty-three of the Inclosure Act, 1852, shall be deemed to be an s. 33. offence punishable on summary conviction under the Summary Jurisdiction Act and the Acts amending the same: Provided that any penalty or forfeiture incurred shall be applied in manner provided by the said Inclosure Acts, and that any information in relation to any such offence as is mentioned in this section shall be heard, tried, determined, and adjudged before two justices.

ments for the

2. There shall be repealed so much of section two of the Act of Substitution of the session of the twelfth and thirteenth years of the reign of Her certain enactpresent Majesty, chapter twenty-five, intituled "An Act for giving repealed enact"effect to the stipulations of a treaty between Her Majesty and ments men"the Queen of Portugal for the apprehension of certain deserters," tioned in

[blocks in formation]

c. 25.

12 & 13 Vict. as provides, by reference to an Act of Parliament since repealed, for the recovery, payment, and application of the penalty therein mentioned for harbouring or secreting a seaman or apprentice having deserted from his ship, and in place thereof be it enacted as follows:

Substitution of

Larceny Act,

1861, for repealed Act,

The penalty under section two of the Act of the session of the twelfth and thirteenth years of the reign of Her present Majesty, chapter twenty-five, intituled "An Act for giving effect to the "stipulations of a treaty between Her Majesty and the Queen of Portugal for the apprehension of certain deserters," shall be recovered, paid, and applied in the same manner as a penalty for harbouring or secreting any seaman deserting from a British ship is for the time being recoverable, payable, and applicable.

'

3. There shall be repealed so much of section seven of the Municipal Corporation Mortgages, &c. Act, 1860, as provides that a person guilty of a misdemeanor thereunder shall be subject in 20 & 21 Vict. respect thereof to the provisions of the Act of the session of the c. 54. in Muni- twentieth and twenty-first years of the reign of Her present cipal Corporation Mortgages, Majesty, chapter fifty-four, applicable to any person guilty of a &c. Act, 1860, misdemeanor under that Act (which Act has since been repealed), 23 & 24 Vict. and in place thereof be it enacted as follows: that any person guilty of a misdemeanor under section seven of the Municipal Corporation Mortgages, &c. Act, 1860, shall be subject in respect thereof to the provisions of the Larceny Act, 1861, applicable to any person guilty of a misdemeanor under section seventy-five of that Act.

c. 16.

Substitution of Larceny

Act, 1861

4. There shall be repealed so much of the twenty-third section of the Act of the session of the eighteenth and nineteenth years of (24 & 25 Vict. the reign of Her present Majesty, chapter one hundred and twentysix, as provides for the definition of "property" by reference to the Act of the session of the seventh and eighth years of the reign of King George the Fourth, chapter twenty-nine, which Act 18 & 19 Vict. has since been repealed, and in place thereof be it enacted that

c. 96.), for repealed Act

7 & 8 Geo. 4. c. 29. in

c. 126. s. 23.

Substitution

of Licensing Act, 1872

repealed enact

"Property" as used in the said Act of the session of the eighteenth and nineteenth years of the reign of Her present Majesty, chapter one hundred and twenty-six, shall have the same meaning as "property" has in the Larceny Act, 1861.

5. There shall be repealed so much of section ten of the Prevention of Crimes Act, 1871, as provides that "any person convicted (35 & 36 Vict. " under that section shall have a right to appeal against such c. 94.), for the « conviction in the same manner in all respects as if the said "conviction had been for an offence committed against the protioned in s. 10.❝ visions of the Act of the ninth George the Fourth, chapter sixty"one," which last-mentioned provisions have since been repealed, and in place thereof be it enacted that

ments men

of Prevention

of Crimes

Act, 1871

(34 & 35 Vict. c. 112).

Any person convicted under section ten of the Prevention of Crimes Act, 1871, shall have a right to appeal against such conviction in the same manner in all respects as a person may appeal who feels aggrieved by a conviction made by a court of summary jurisdiction under the Licensing Act, 1872, and all the provisions of such last-mentioned Act, and of any Act amending the same, relating to an appeal from a conviction made by a court of summary jurisdiction under such last-mentioned Act, shall apply accordingly.

6. The repeals enacted in this Act shall not affect : (1.) Anything duly done or suffered; or

(2.) Any penalty, forfeiture, or other punishment incurred or to be incurred in respect of any offence against any enactment hereby repealed; or

(3.) The institution of any investigation or legal proceeding for enforcing or recovering any such penalty, forfeiture, or punishment as aforesaid, and such investigation or legal proceeding may be carried on as if this Act had not passed.

Effect of

repeals.

7. The Acts in the schedule to this Act are in the body of this Definition of Act referred to by the short titles respectively set opposite such Acts. Acts in the third column of that schedule.

8. This Act may be cited as "The Statute Law Revision (Sub- Short title to stituted Enactments) Act, 1876."

Act.

[blocks in formation]

Inclosure Act,

15 & 16 Vict. c. 79. An Act to amend and further extend the
Acts for the inclosure, exchange, and 1852.
improvement of land.

24 & 25 Vict. c. 96.

[blocks in formation]

An Act to consolidate and amend the The
statute law of England and Ireland
relating to larceny and other similar
offences.

CHAPTER 21.

An Act to amend the Laws relating to the Qualification of
Jurors in Ireland.
[30th June 1876.]
WHEREAS by the Juries (Ireland) Acts, 1871 to 1872, the
laws relating to juries in Ireland were amended and con-
solidated :

And whereas by the Juries (Ireland) Act, 1873, temporary provisions were made altering and raising the qualification of jurors, and the said provisions have by divers Acts from time to time been continued for limited periods:

And whereas it is expedient that other and further provisions should be made to alter and raise the qualification of jurors, and that such provisions should continue in force during the limited period by this Act prescribed:

Short title.

Qualification of jurors.

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. This Act may be cited as "The Jurors Qualification (Ireland) Act, 1876," and the Juries (Ireland) Acts, 1871 to 1872, as amended by this and any other Act, and this Act may be cited together as "the Juries (Ireland) Acts."

2. The provisions in this section contained shall be in force and have effect with respect to the qualification of jurors from and after the eleventh day of January one thousand eight hundred and seventy-seven, and the said provisions shall be in lieu of and in substitution for the provisions of section five of the Juries Act, Ireland, 1871, and the said Act shall be read and construed as if they were therein substituted for the said section five.

Every man being a subject of the Queen, between the ages of twenty-one and sixty-five years, residing in any county or in any borough having a separate court of sessions of the peace, or a court of record for the trial of civil actions,

or

(1.) Who shall have in his own name or in trust for him a clear
income of ten pounds by the year in lands and tenements
of freehold tenure situate in such county or borough, or
in rents issuing out of any such lands or tenements,
or in such lands, tenements, and rents taken together, in
fee simple, or fee tail, or for any life or lives whatsoever;
(2.) Who shall have a clear income of twenty pounds by the
year in lands or tenements situate in such county or
borough, held by lease originally made for an absolute
term of not less than twenty-one years, whether the same
shall or shall not be determinable on any life or lives; or
(3.) Who shall be, either in his own name or as a member of a
firm or copartnership, rated for the relief of the poor in
respect of lands, tenements, or hereditaments within such
county or borough, of the net annual value fixed for
such county or borough in the first schedule to this Act;

or

(4.) Who shall be a director or manager of any banking, railway, insurance, steamship, shipping, or other company incorporated by any charter, or by or under the provisions of any Act of Parliament, and carrying on any such business within such county or borough; or

(5.) Who shall be a member of any board of harbour commissioners or other body entrusted under the provisions of any Act of Parliament with the management of any harbour or docks within such county or borough;

shall if residing in any such county as aforesaid be qualified and liable (save as exempted or disqualified) to serve on all juries for the trial of all issues, civil and criminal, joined in any of the Queen's courts of law and equity and triable in such county, and shall also be qualified and liable (save as exempted or disqualified) to serve on grand juries at the general sessions of the peace within such county, and on every inquest or inquiry to be taken or made

in such county by or before any sheriff or coroner, or by or before any master or commissioner appointed by any of the superior courts of common law or equity, or by or before any commissioner appointed under the great seal or the seal of the Court of Exchequer, and shall if residing in any such borough as aforesaid be qualified and liable (save as exempted or disqualified) to serve on grand juries at sessions of the peace in such borough, and also upon juries for the trial of all issues, civil and criminal, joined in any court of sessions of the peace, and in any court of record for the trial of civil actions, triable in such borough: Provided always, that for the purposes of this Act, as regards any county of a city, county of a town, or borough, having a separate court of sessions of the peace or a court of record for the trial of civil actions, any such director, manager, member of such board or body so entrusted as aforesaid, and any other such person as aforesaid, shall be deemed to be resident therein in case he, or the company of which he shall be a director or manager, or the board or body of which he shall be such member as aforesaid, shall have or occupy a counting-house, office, shop, or place of business in such county of a city, county of a town, or borough as aforesaid, although such director, manager, member of such board or body so entrusted as aforesaid, or other such person. may not actually reside therein, provided that he resides within twelve statute miles of the court house of such county of a city, county of a town, or borough as aforesaid, and in the county of the city of Dublin within a like distance of the General Post Office in Dublin, to be computed by the nearest public road or way. And such counting-house, office, shop, or place of business shall in the proper column of "The General List of Jurors," and "List of Special Jurors," containing such directors, managers, members, or person's name, be stated as the place of abode of such person, and a summons for the attendance of a juror left at the place stated in the general jurors' book or special jurors' book as the place of abode of such juror, with any person inhabiting therein, shall be deemed to have been duly served upon such juror.

3. In ascertaining the net annual value of the property qualifica- As to jurors tion of a juror in the city of Dublin, mentioned in the first and property qualification. second schedules to this Act, the annual value of any house or tenement, the owner whereof is under the sixty-third section of the Act 12 and 13 Victoria, chapter 91, rated instead of the occupier thereof, shall not be reckoned or taken into account.

4. The provisions in this section contained shall from and after Clerk of the the first day of August one thousand eight hundred and seventy- peace to prepare "lists of six, be in substitution for the provisions of section eleven of the special jurors." Juries Act, Ireland, 1871, and the said Act shall be read and construed as if they were therein substituted for the said section eleven.

The clerk of the peace of every county in Ireland, on or before the fifteenth day of August in every year, shall, from each of the general lists of jurors furnished to him under the Juries (Ireland) Acts, cause to be made out for each barony of such county a true and complete list, in the Form O. set forth in the third schedule to this Act annexed, containing the names of every person contained in the list furnished to him as aforesaid for such barony.

« EdellinenJatka »