owner or occupier of any land, or to any person authorised by the owner or occupier of any land, killing or taking any wild bird on such land not included in the schedule hereto annexed. Sections 3-7. name and place 4. Where any person shall be found offending against this Act, it Penalty for shall be lawful for any person to require the person so offending to give refusal to give. his Christian name, surname, and place of abode, and in case the person of abode, so offending shall, after being so required, refuse to give his real name or place of abode, or give an untrue name or place of abode, he shall be liable on being convicted of any such offence to forfeit and pay, in addition to the penalties imposed by section three, such sum of money not exceeding ten shillings sterling as to the justices or sheriff shall seem meet. 5. All offences under this Act may be prosecuted, and penalties and Prosecution of forfeitures under this Act recovered offences. 1. In England in manner provided by the Summary Jurisdiction 11 & 12 Vict. (England) Acts; and c. 43. 19. 27 & 28 Vict. c. 53. 2. In Scotland before the sheriff in manner provided by the Summary Procedure Act, 1864, and any Acts amending the same; and 3. In Ireland within the police district of Dublin metropolis, in manner provided by the Acts regulating the powers and duties of justices of the peace for such district or of the police of such district, and elsewhere in Ireland before two justices in manner provided by the Petty Sessions (Ireland) Act, 1851, 14 & 15 Vict. and any Act amending the same. c. 93. offences com jurisdiction. 6. All offences mentioned in this Act which shall be committed As to trial of within the jurisdiction of the Admiralty shall be deemed to be offences mitted within of the same nature and liable to the same punishments as if they had the Admiralty been committed upon any land in the United Kingdom, and may be dealt with, inquired of, tried, and determined in any county or place in the United Kingdom in which the offender shall be apprehended or be in custody or be summoned, in the same manner in all respects as if such offences had been actually committed in that county or place; and in any information or conviction for any such offence the offence may be averred to have been committed " on the high seas." And in Scotland any offence committed against this Act on the sea coast or at sea beyond the ordinary jurisdiction of any sheriff, justice or justices of the peace, shall be held to have been committed in any county abutting on such sea coast or adjoining such sea, and may be tried and punished accordingly. Where any offence under this Act is committed in or upon any waters forming the boundary between any two counties, districts of quarter sessions, or petty sessions, such offence may be prosecuted before any justice of the peace or sheriff in either of such counties or districts. 32 & 33 Vict. 7. This Act shall come into operation on the first day of January Commecnement one thousand eight hundred and eighty-one, and on the same day the of Act. Act passed in the session of Parliament holden in the thirty-second and Repeal of Acts. thirty-third years of the reign of Her present Majesty, intituled, An Act for the Preservation of Sea Birds, and the Act passed in the session of c. 17. Parliament holden in the thirty-fifth and thirty-sixth years of the reign. of Her present Majesty, intituled, An Act for the Protection of certain Wild 35 & 36 Vict. Birds during the breeding season, and the Act passed in the session of Parliament holden in the thirty-ninth and fortieth years of the reign of Her present Majesty, intituled, An Act for the Preservation of Wild 39 & 40 Vict. Fowl, shall be repealed. c. 78. c. 29. Sections 8, 9. Extension or variations of close time. Extent of Act. 8. One of Her Majesty's principal Secretaries of State as to Great Britain, and the Lord Lieutenant as to Ireland, may, upon application of the justices in quarter sessions assembled of any county, by order extend or vary the time during which the killing and taking of wild birds or any of them is prohibited by this Act; after the making of which order the penalties imposed by this Act in respect of such wild birds shall in such county apply only to offences committed during the time specified in such order; and the order for the extension or variation of such time shall be published, if made by the Secretary of State, in the London Gazette, or if made by the Lord Lieutenant, in the Dublin Gazette, and a copy of the London Gazette or Dublin Gazette containing any order made under this Act shall be evidence of the same having been made. 9. The operation of this Act shall not extend to the island of Saint Kilda, and it shall be lawful for one of Her Majesty's principal Secretaries of State as to Great Britain, and for the Lord Lieutenant as to Ireland, where it shall appear desirable, from time to time, upon the application of the justices in quarter sessions assembled in any county to exempt any such county or part or parts thereof, as to all or any wild birds, from the operation of this Act; and every such order shall be published and may be proved in the manner provided in the preceding section. CRIMINAL LAW AMENDMENT ACT, 1880. An Act to amend the Criminal Law as to Indecent Assaults [7th September 1880. BE 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: 1. This Act may be cited for all purposes as the Criminal Law Amend- Short title. ment Act, 1880. young person 2. It shall be no defence to a charge or indictment for an indecent consent of assault on a young person under the age of thirteen to prove that he or to be no defence. she consented to the act of indecency. 3. This Act shall not apply to Scotland. Application of PETTY SESSIONS CLERKS (IRELAND) ACT, 1881. [44 & 45 VICT. CH. 18.] An Act to amend the law with respect to the payment of Clerks of Petty [27th June 1881. WHEREAS it is inexpedient that the salary of petty sessions clerks should be varied according to the amount of fines levied by the courts of which they are officers and the stamps upon proceedings in such court: 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: clerks of petty sessions in depend on 1. The salaries and emoluments of the petty sessions clerks in Ireland Sections 1-2. shall not after the passing of this Act be raised or lowered on account Salaries of of the amount of fines levied in the court of which they are clerks, or on account of the amount of petty sessions stamps used therein, but may Ireland not to be raised on account of the length of service, or for merit, or for new amount of fines duties attached to the office, and shall not be liable to be reduced below or petty sessions the amount of the salary and emoluments at which the same were fixed at the time of his appointment, or any time during his tenure of office: Provided always, that it shall be lawful to reduce the salary for the office of clerk of any petty sessions court when the office is vacant. stamps. securing Petty 2. To secure the Petty Sessions Clerks Fund on which the salaries Provisions for and allowances are charged from variation, it shall be lawful for the sessions Clerks registrar of petty sessions clerks to deduct from any sum or sums payable Fund from variation. Sections 2-6. by him to local authorities in Ireland such sum or sums as the Lord Sureties for Definition clause. 28 & 29 Vict. c. 50. Superannuation. Short title. Lieutenant or Lords Justices or other Chief Governor or Chief Governors of Ireland shall for any calendar year by any order or orders determine, and to add the amount of such deduction to the Petty Sessions Clerks Fund. 3. It shall not be necessary for a petty sessions clerk to enter into a new bond with sureties on each occasion of increase in his salary, nor, except when by reason of the death or insolvency of his sureties or for other sufficient reasons the Lord Lieutenant may consider such to be necessary, shall a new bond be required, but the original bond as against the original sureties shall remain of full force and effect, notwithstanding such increase of salary. 4. "Local authorities" shall mean the treasurers of counties and treasurers of boroughs to whom the surplus moneys arising from the sale of licences are payable under the Dogs Regulation (Ireland) Act, 1865, and any Act amending the same. "Petty sessions clerks" shall include the registrar of petty sessions clerks and his clerks. 5. The superannuation or retiring allowance of petty sessions clerks retiring from office through age or infirmity shall be estimated upon the salary of the office at the time of retiring, and shall be chargeable on the Petty Sessions Clerks' Fund. 6. This Act may be cited as the Petty Sessions Clerks (Ireland) Act, 1881. CRIMINAL LAW AMENDMENT ACT, 1885. [48 & 49 VICT. CH. 69.] An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes. [14th August 1885. BE 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: 1. This Act may be cited as the Criminal Law Amendment Act, 1885. PART I. Protection of Women and Girls. 2. Any person who 1. Procures or attempts to procure any girl or woman under twentyone years of age (a), not being a common prostitute, or of (a) Full age in male or female is twenty-one years, which age is com. pleted on the day preceding the anniversary of a person's birth. If A. is born on the 16th February 1870, he will be of age to do any legal act on the morning of the 15th of February 1891, though he may not have lived twentyone years by nearly forty-eight hours; the reason assigned is that in law there known immoral character, to have unlawful carnal connection, Sections 2-4. either within or without the Queen's dominions, with any other person or persons; or 2. Procures or attempts to procure any woman or girl to become, either within or without the Queen's dominions, a common prostitute; or 3. Procures or attempts to procure any woman or girl to leave the United Kingdom, with intent that she may become an inmate of a brothel elsewhere; or of 4. Procures or attempts to procure any woman or girl to leave her usual place of abode in the United Kingdom (such place not being a brothel), with intent that she may, for the purpose prostitution, become an inmate of a brothel within or without the Queen's dominions, shall be guilty of a misdemeanour, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years, with or without hard labour. Provided that no person shall be convicted of any offence under this section upon the evidence of one witness, unless such witness be corroborated in some material particular by evidence implicating the accused. 3. Any person who1. By threats or intimidation procures or attempts to procure any women by woman or girl to have any unlawful carnal connection, either or administering within or without the Queen's dominions; or 2. By false pretences or false representations procures any woman or girl, not being a common prostitute or of known immoral character, to have any unlawful carnal connection, either within or without the Queen's dominions; or 3. Applies, administers to, or causes to be taken by any woman or girl any drug, matter, or thing, with intent to stupefy or overpower, so as thereby to enable any person to have unlawful carnal connection with such woman or girl, shall be guilty of a misdemeanour, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years, with or without hard labour. Provided that no person shall be convicted of an offence under this section upon the evidence of one witness only, unless such witness be corroborated in some material particular by evidence implicating the accused. 4. Any person who Procuring defilement of threats or fraud drugs. Unlawfully and carnally knows any girl under the age of thirteen girl under years shall be guilty of felony, and being convicted thereof shall be liable at the discretion of the court to be kept in penal servitude for life, or for any term not less than five years, or to be imprisoned for any term not exceeding two years, with or without hard labour. Any person who attempts to have unlawful carnal knowledge of any girl under the age of thirteen years shall be guilty of a misdemeanour, is no fraction of a day, and if the birth were on the last second of one day, and the act on the first second of the preceding day twenty-one years after, then twenty-one years would be complete ; and in the law it is the same whether a Defilement of thirteen years of age. |