Slike strani
PDF
ePub

STATUTES AND PARTS OF STATUTES
AFFECTING THE CRIMINAL LAW,

PASSED IN THE SESSION OF PARLIAMENT OF 1894.

Power to alter

ing quarter sessions.

QUARTER SESSIONS ACT, 1894.

57 VICT. CAP. 6.

An Act for amending the Law with respect to the time for holding Quarter
Sessions.-[1st June, 1894.]

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. The justices assembled in general quarter sessions, or at any time for hold- adjourned or special meeting thereof (which special meeting they are hereby authorised to hold) may at any time when it may appear desirable for the purpose of not interfering with the assize then next ensuing, fix or alter the time for holding the then next general quarter sessions so as the sessions be held not earlier than fourteen days before nor later than fourteen days after the week in which they would otherwise be held.

Repeal.

Short title.

2. The Act of the session of the fourth and fifth years of the reign of King William the Fourth, chapter forty-seven, intituled "An Act for preventing the interference of the spring assize with the April quarter sessions," is hereby repealed.

3. This Act may be cited as "The Quarter Sessions Act, 1894.”

Power of

MERCHANDISE MARKS (PROSECUTIONS) ACT, 1894.
57 & 58 VICT. CAP. 19.

An Act for enabling the Board of Agriculture to undertake Prosecutions in
certain cases under the Merchandise Marks Act, 1887.—[20th July,
1894.]

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. The powers exerciseable by the Board of Trade under the MerchanBoard of Agri- dise Marks Act, 1891, with respect to the prosecution of offences under the Merchandise Marks Act, 1887, may in cases which appear to the Board of Agriculture to relate to agricultural or horticultural produce be

culture to

prosecute in certain cases -54 & 59

exercised by that Board, and in such cases the former Act shall apply 57 & 58 VICT. as if the Board of Agriculture were referred to therein instead of the Board of Trade.

c. 19. Merchandise Marks (Pro

2. This Act shall not extend to Ireland. 3. This Act may be cited as "The Merchandise Marks (Prosecutions) secutions) Act, Act, 1894," and shall be read with the Merchandise Marks Acts, 1887 and 1891.

WILD BIRDS PROTECTION ACT, 1894.

57 & 58 VICT. CAP. 24.

An Act to amend the Wild Birds Protection Act, 1880.-[20th July,

1894.]

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:

1894.

Vict. c. 1550 & 51 Vict. c. 28. (a) Extent of Act.

Short title.

1. This Act may for all purposes be cited as "The Wild Birds Protec- Short title and tion Act, 1894," and shall be construed as one with the Wild Birds construction -43 & 44 Protection Act, 1880 (hereinafter referred to as "the principal Act"), Vict. c. 35. (b) except as hereinafter provided. 2. A Secretary of State may, after the passing of this Act, upon appli- Prohibition of cation by the county council of any administrative county by order taking or prohibit

(1.) The taking or destroying of wild birds eggs in any year or years in any place or places within that county; or

(2.) The taking or destroying the eggs of any specified kind of wild birds within that county or part or parts thereof as recommended by the said county council and set forth in the said order. (3.) The application by the county council shall specify the limits of the place or places, or otherwise, the particular species of wild birds to which it is proposed that any prohibition in the order is to apply, and shall set forth the reasons on account of which the application is made.

destroying

eggs.

to other birds.

3. A Secretary of State may, on the representation of the council of Order as to any administrative county, order that the principal Act shall apply within application of that county or any part or parts thereof to any species of wild bird not principal Act included iu the schedule of that Act, as if that species of wild bird were included in the schedule of that Act, and on the making of such order that Act shall apply.

4. (1.) The council of an administrative county shall in every year give Publication of public notice of any order under this Act which is in force in any place order. within their county during the three weeks preceding the commencement

of the period of the year during which the order operates.

(2.) Public notice under this section shall be given—

(a.) As regards each place in which an order operates, by advertising the
order in two local newspapers circulating in or near that place;
(b.) By fixing notice of the order in conspicuous spots within and near
each place in which the order operates; and

(a) For 50 & 51 Vict. c. 28, see 16 Cox C. C. xvii. (App.)
(b) For 43 & 44 Vict. c. 35, see 14 Cox C. C. xxxvii. (App.)

57 & 58 VICT. c.. 24.

Wild Birds

Protection Act, 1894.

Penalties.

(c.) In such other manner as the Secretary of State may direct, or as the council may think expedient, with a view to making the order known to the public.

5. Any person who, after the passing of this Act, shall take or destroy or incite any other person to take or destroy

(a.) The eggs of any

or

wild birds within any area specified in the order;

(b.) The eggs of any species of wild bird named in the order, shall, or conviction before any two justices of the peace in England, Wales, or Ireland, or before the sheriff in Scotland, forfeit and pay for every egg so taken or destroyed a sum not exceeding one pound. 6. Any expenses incurred by the council of a county under this Act may 51 & 52 Vict. be defrayed by that council as expenses for general county purposes within the meaning of the Local Government Act, 1888, or, so far as respects Scotland, the Local Government (Scotland) Act, 1889.

Expenses

c. 41-52 & 53 Vict. c. 50.

Application to
Scotland and

Ireland.

7. (1) This act shall apply to Scotland with the substitution of the Secretary for Scotland for a Secretary of State.

(2.) This Act shall apply to Ireland with the substitution of the Lord-Lieutenant for a Secretary of State, and of the grand jury for the council of an administrative county, and any expenses incurred in carrying this Act into effect in Ireland shall be defrayed out of grand jury cess.

[ocr errors]

INDUSTRIAL SCHOOLS ACTS AMENDMENT ACT, 1894.

57 & 58 VICT. CAP. 33.

An Act to further amend the Industrial Schools Act, 1866.

August, 1894.]

[17th

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:

Supervision of 1. (1.) Every child sent to an industrial school after the passing of this children after Act shall, from the expiration of the period of his detention at such discharge from school, remain up to the age of eighteen under the supervision of the industrial managers of the school.

schools

29 & 30 Vict. c. 118.

(2.) The managers may grant to any child under their supervision a licence in the manner provided by section twenty-seven of the Industrial Schools Act, 1866, and may revoke any such licence, and recall the child to the school; and any child so recalled may be detained in the school for a period not exceeding three months, and may at any time be again placed out on licence. Provided that

(a.) a child shall not be so recalled unless the managers are of opinion
that the recall is necessary for the protection of the child; and
(b.) the managers shall send to the Secretary of State an immediate
notification of the recall of any child, and shall state the reasons
for the recall; and

(c.) they shall again place the child out as soon as possible, and at
latest within three months after the recall, and shall forthwith
notify the Secretary of State that the child has been placed

out.

(3.) A licence granted to a child within three months before attaining 57 & 58 VICT. the age of sixteen shall continue in force after the child attains that age, and may be revoked or renewed in the manner provided by section twenty-seven of the Industrial Schools Act, 1866.

2. Section thirty-four of the Industrial Schools Act, 1866, shall be read and construed as if after the three offences therein severally specified there were added the following offence; namely.

c. 33. Industrial Schools Acts Amendment.

Act, 1894.

Penalty for

FOURTH.-Knowingly assists or induces, directly or indirectly, a inducing child child placed on licence to escape from any person with whom the placed on child is so placed on licence, or prevents the child from returning licence to to any person aforesaid.

escape, &c.

tained under

3. Any child detained in an industrial school at the passing of this Act Provision as to may consent in writing to come under the provisions of this Act, and children dethereupon the Secretary of State, if satisfied that the consent was given existing voluntarily, and with full knowledge of its effect, may order that the orders. provisions of this Act shall apply to the child, and they shall apply accordingly.

4. Nothing in this Act shall apply to any child committed to an Saving for industrial school under the Elementary Education Acts, 1870 to 1893. children de5. This Act may be cited for all purposes as "The Industrial Schools tained under Act Amendment Act, 1894," and shall be construed as one with the order. Industrial Schools Act, 1866, and that Act and this Act may be cited Short title and together as "The Industrial Schools Acts, 1866 and 1894."

attendance

construction.

PREVENTION OF CRUELTY TO CHILDREN ACT, 1894.
57 & 58 Vict. CAP. 41.

An Act to consolidate the Acts relating to the Prevention of Cruelty to, and
Protection of, Children.—[17th August, 1894.]

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:

Cruelty to Children.

children.

1. (1.) If any person over the age of sixteen years who has the custody, Punishment charge, or care of any child under the age of sixteen years, wilfully for cruelty to assaults, ill-treats, neglects, abandons, or exposes such child, or causes or procures such child to be assaulted, ill-treated, neglected, abandoned, or exposed in a manner likely to cause such child unnecessary suffering, or injury to its health (including injury to or loss of sight, or hearing, or limb, or organ of the body, and any mental derangement), that person shall be guilty of a misdemeanour; and

(a) on conviction on indictment, shall be liable, at the discretion of the court, to a fine not exceeding one hundred pounds, or alternatively, or in default of payment of such fine, or in addition thereto, to imprisonment, with or without hard labour, for any term not exceeding two years and

57 & 58 VICT.

C 41.

Prevention of
Cruelty to

Children Act,
1894.

Restrictions on employment of chil. dren.

(b) on summary conviction shall be liable, at the discretion of the court, to a fine not exceeding twenty-five pounds, or alternatively, or in default of payment of such fine, or in addition thereto, to imprisonment, with or without hard labour for any term not exceeding six months.

(2.) A person may be convicted of an offence under this section either on indictment or by a court of summary jurisdiction notwithstanding the death of the child in respect of whom the offence is committed.

(3.) If it is proved that a person indicted under this section was interested in any sum of money accruable or payable in the event of the death of the child, and had knowledge that such sum of money was accruing or becoming payable, the court, in its discretion, may

(a) increase the amount of the fine under this section so that the fine does not exceed two hundred pounds; or

(b) in lieu of awarding any other penalty under this section, sentence the person indicted to penal servitude for any term not exceeding five years.

(4.) A person shall be deemed to be interested in a sum of money under this section if he has any share in or any benefit from the payment of that money, though he is not a person to whom it is legally payable. (5.) An offence under this section is in this Act referred to as an offence of cruelty.

Restrictions on Employment of Children.

2. If any person-
(a) causes or procures any child, being a boy under the age of fourteen
years, or being a girl under the age of sixteen years, or, having the
custody, charge, or care of any such child, allows that child to be
in any street, premises, or place for the purpose of begging or
receiving alms, or of inducing the giving of alms, whether under
the pretence of singing, playing, performing, offering anything for
sale, or otherwise; or

(b) causes or procures any child, being a boy under the age of fourteen
years, or being a girl under the age of sixteen years, or, having
the custody, charge, or care of any such child, allows that child
to be in any street, or in any premises licensed for the sale of any
intoxicating liquor, other than premises licensed according to law
for public entertainments, for the purpose of singing, playing, or
performing for profit, or offering anything for sale, between nine
p.m. and six a.m.; or

(c) causes or procures any child under the age of eleven years, or. having the custody, charge, or care of any such child, allows that child to be at any time in any street, or in any premises licensed for the sale of any intoxicating liquor, or in premises licensed according to law for public entertainments, or in any circus or other place of public amusement to which the public are admitted by payment, for the purpose of singing, playing, or performing for profit, or offering anything for sale; or

(d) causes or procures any child under the age of sixteen years, or, having the custody, charge, or care of any such child, allows that child to be in any place for the purpose of being trained as an acrobat, contortionist, or circus performer, or of being trained for any exhibition or performance which in its nature is dangerous, that person shall, on summary conviction, be liable, at the discretion of the

« PrejšnjaNaprej »