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trial, shall proceed to consider and dispose of the question of compensation to the injured party, and if a report of a sea fishery officer has been produced, as set forth in section seven hereof, the sheriff shall not allow any additional evidence to be heard unless he shall consider it to be necessary in order to do justice in the case; and, if he shall allow additional evidence, the accused person shall be allowed to be examined as a witness on the question of the amount of damages, and shall, if oral evidence is to be taken on the question of damages, allow the accused person to be examined as a witness on the question of damages, and shall, after hearing parties, give decree as in an ordinary action before the sheriff court.
S. 8 in part rep. 61 & 62 Vict. c. 22 (S.L.R.). 9. CONSTRUCTION AND HOOPING OF HERRING BARRELS.-Notwithstanding anything contained in section forty of the Act passed in the session of the forty-eighth year of His Majesty King George the Third, chapter one hundred and ten, it shall be lawful to pack, ship, or export cured white herrings in barrels made in such manner and of such materials, and with such hoops as may be approved by the Fishery Board, who are hereby empowered to make regulations on the subject, and from time to time to alter the same.
10. POWERS OF SEA FISHERY OFFICERS.—For the purpose of carrying out the provisions of this Act, sea fishery officers shall have all the powers conferred upon sea fishery officers by section twelve of the Sea Fisheries Act, 1883.
11. TRANSFER OF POWERS OF BOARD OF TRADE.—All the powers and duties of the Board of Trade, so far as they can be exercised in Scotland, with respect to(a.) Oyster and mussel fisheries contained in the Sea Fisheries Acts and the Fisheries
(Oyster, Crab, and Lobster) Act, 1877; (6.) Crab and lobster fisheries contained in the last-mentioned Act;
(c.) Clam and bait beds contained in the Sea Fisheries (Clam and Bait Beds) Act, 1881, are hereby transferred to the Fishery Board.
The Housing OF THE Working CLASSES Act, 1885. (Sect. 17.) An Act to amend the Law relating to Dwellings of the Working Classes.
[14th August 1885.] [Ss. 1, 2, 4-6 rep. 53 § 54 Vict. c. 70, 8. 102. S. 3 local and personal.]
Amendment of General Sanitary Law, &c. 7. GENERAL DUTY OF LOCAL AUTHORITY TO EN FORCE THE LAW.—It shall be the duty of every local authority entrusted with the execution of laws relating to public health and local government to put in force from time to time as occasion may arise, the powers with which they are invested, so as to secure the proper sanitary condition of all premises within the area under the control of such authority.
8. AMENDMENT OF 38 & 39 Vict. c. 55, s. 90.
Every sanitary authority shall have power to make byelaws for the matters specified in section ninety of the Public Health Act, 1875.
S. 8 in part rep. 61 & 62 Vict. c. 22 (S.L.R.). 9. TENTS AND VANS USED FOR HUMAN Habitation.—(1.) A tent, van, shed, or similar structure used for human habitation, which is in such a state as to be a nuisance or injurious to health, or which is so overcrowded as to be injurious to the health of the inmates whether or not members of the same family, shall be deemed to be a nuisance within the meaning of section ninety-one of the Public Health Act, 1875; and the provisions of that Act shall apply accordingly.
(2.) A sanitary authority may make byelaws for promoting cleanliness in, and the habitable condition of tents, vans, sheds, and similar structures used for human habitation, and for preventing the spread of infectious disease by the persons inhabiting the same, and generally for the prevention of nuisances in connexion with the same. 37
(3.) Where any person duly authorized by a sanitary authority or by a justice of the peace has reasonable cause to suppose either that there is any contravention of the provisions of this Act or any byelaw made under this Act in any tent, van, shed, or similar structure used for human habitation, or that there is in any such tent, van, shed, or structure any person suffering from a dangerous infectious disorder, he may, on producing (if demanded) either a copy of his authorisation purporting to be certified by the clerk or a member of the sanitary authority or some other sufficient evidence of his being authorized as aforesaid, enter by day such tent, van, shed, or structure, and examine the same and every part thereof in order to ascertain whether in such tent, van, shed, or structure there is any contravention of any such byelaw or a person suffering from a dangerous infectious disorder.
(4.) For the purposes of this section “day” means the period between six o'clock in the morning and the succeeding nine o'clock in the evening.
(5.) If such person is obstructed in the performance of his duty under this section, the person so obstructing shall be liable, on summary conviction, to a fine not exceeding forty shillings.
(7.) Nothing in this section shall apply to any tent, van, shed, or structure erected or used by any portion of Her Majesty's military or naval forces.
S. 9 in part rep. 54 & 55 Vict. c. 76, s. 142. 10. APPLICATION OF CERTAIN PROVISIONS AS TO BYELAWS AND LOCAL INQUIRIES.—(1.) With respect to byelaws authorized by this Act
to be made(a.) sections two hundred and two and two hundred and three of the Metropolis
Management Act, 1855, where such byelaws are made by the Metropolitan
Board of Works, or any nuisance authority in the metropolis; and (6.) the provisions of the Public Health Act, 1875, relating to byelaws, where such
byelaws are made by a sanitary authority, shall apply to such byelaws, and a fine or penalty under any such byelaw may be recovered on summary conviction.
(2.) For the purposes of the execution of their duties under this Act the Local Government Board may hold such local inquiries as the Board see fit, and sections two hundred and ninety-three to two hundred and ninety-six, both inclusive, of the Public Health Act, 1875, relating to inquiries by such Board shall apply.
S. 10 in part rep. 53 & 54 Vict. c. 70, s. 102, and 61 & 62 Vict. c. 22 (S.L.R.).
[Ss. 11-18 and Schedule rep. 53 8. 54 Vict. c. 70, s. 102.)
CHAPTER LXXIV. Tue EVIDENCE BY COMMISSION Act, 1885. (Sect. 1.) AN ACT to amend the Law relating to taking Evidence by Commission in India and the Colonies, and elsewhere in Her Majesty's Dominions.
[14th August 1885.] 1. SHORT TITLE.— This Act may be cited as the Evidence by Commission Act, 1885.
2. Power TO COURTS TO NOMINATE EXAMINER IN Civil PROCEEDINGS.- Where in any civil proceeding in any court of competent jurisdiction an order for the examination of any witness or person has been made, and a commission, mandamus, order, or request for the examination of such witness or person is addressed to any court, or to any judge of a court, in India or the Colonies, or elsewhere in Her Majesty's dominions, beyond the jurisdiction of the court ordering the examination, it shall be lawful for such court, or the chief judge thereof, or such judge, to nominate some fit person to take such examination, and any deposition or examination taken before an examiner so nominated shall be admissible in evidence to the same extent as if it had been taken by or before such court or judge.
3. Power IN CRIMINAL PROCEEDINGS TO NOMINATE JUDGE OR MAGISTRATE TO TAKE DEPOSITIONS.— Where in any criminal proceeding a mandamus or order for the examination of any witness or person is addressed to any court, or to any judge of a court, in India or the Colonies, or elsewhere in Her Majesty's dominions, beyond the jurisdiction of the court ordering the examination, it shall be lawful for such court, or the chief judge thereof, or such judge, to nominate any judge of such court, or any judge of an inferior court, or magistrate within the jurisdiction of such first-mentioned court, to take the examination of such witness or person, and any deposition or examination so taken shall be admissible in evidence to the same extent as if it had been taken by or before the court or judge to whom the mandamus or order was addressed.
4. APPLICATION OF 22 Vict. c. 20, AS TO CONDUCT MONEY, &c., TO PROCEEDINGS UNDER THIS Act.—The provisions of the Act passed in the twenty-second year of Her Majesty, chapter twenty, intituled “An Act to provide for taking evidence in suits and “ proceedings pending before tribunals in Her Majesty's dominions in places out of “ the jurisdiction of such tribunals” (which may be cited as the Evidence by Commission Act, 1859), as amended by this Act, shall apply to proceedings under this Act.
5. AMENDMENT OF 22 Vict. c. 20, AS TO Costs.—The power to make rules conferred by section six of the Evidence by Commission Act, 1859, shall be deemed to include a power to make rules with regard to all costs of or incidental to the examination of any witness or person, including the remuneration of the examiner, if any, whether the examination be ordered pursuant to that Act or under this or any other Act for the time being in force relating to the examination of witnesses beyond the jurisdiction of the court ordering the examination.
6. OATH OR AFFIRMATION OF WITNESS.—When pursuant to any such commission, mandamus, order, or request as in this Act referred to any witness or person is to be examined in any place beyond the jurisdiction of the court ordering the examination, such witness or person may be examined on oath, affirmation, or otherwise, according to the law in force in the place where the examination is taken, and any deposition or examination so taken shall be as effectual for all purposes as if the witness or person had been examined on oath before a person duly authorised to administer an oath in the court ordering the examination.
CHAPTER LXXV. THE PREVENTION OF CRIMES AMENDMENT Act, 1885. (Sect. 1.) An Act to amend the Prevention of Crimes Act, 1871. (14th August 1885.]
1. CONSTRUCTION AND SHORT TITLE.—This Act shall be construed as one with the Act of the session of the thirty-fourth and thirty-fifth years of the reign of Her present Majesty, chapter one hundred and twelve, and may be cited for all purposes as the Prevention of Crimes Amendment Act, 1885.
2. EXTENSION OF 34 & 35 Vict. c. 112, s. 12.—The provisions of the twelfth section of the said recited Act shall apply to all cases of resisting or wilfully obstructing any constable or peace officer, when in the execution of his duty.
Provided, that in cases to which the said recited Act is extended by this Act the person convicted shall not be liable to a greater penalty than five pounds, or, in default of payment, to be imprisoned with or without hard labour for a longer term than two months.
3. EXTENT OF Act.—This Act shall not apply to Ireland.
The Crown LANDS Act, 1885. (Sect. 1.) An Act to amend the Law relating to the management of the Woods, Forests, and Land Revenues of the Crown.
[14th August 1885.] 1. SHORT TITLE.—This Act may be cited as the Crown Lands Act, 1885.
61 & 62
S. 1 in part rep.
c. 22 (S.L.R.). 2. DEFINITION OF COMMISSIONERS OF WOODS.
The Commissioners for
the time being of Her Majesty's Woods, Forests, and Land Revenues,
may be referred to in any Act, deed, or document, by the name Commissioners of Woods.
S. 2 in part rep. 61 d: 62 Vict. c. 22 (S.L.R.).
Amendment of General Acts. 3. EXTENSION OF DURATION OF LEASE TO FORESHORE COMPRISED IN OYSTER OR MUSSEL FISHERY ORDER.
Where an order under the Sea Fisheries Act, 1868, and the Acts amending the same, has been made for an oyster and mussel fishery as defined by that Act on part of the sea shore within the meaning of that Act, and such part of that sea shore or any portion thereof is under the management of the Commissioners of Woods or of the Board of Trade, those Commissioners or the Board of Trade, as the case may be, may grant a lease of so much of the said sea shore as is under their management respectively, for a period not exceeding the duration of the rights conferred by the order, and not exceeding sixty years. Any lease of sea shore which may have been granted for a longer term than thirty-one years by the Board of Trade before the passing of this Act in respect of a fishery comprised in an order made under the Sea Fisheries Act, 1868, and the Acts amending the same, shall be valid as if it had been granted under the powers of this Act.
S. 3 in part rep. 61 & 62 Vict. c. 22 (S.L.R.). 4. AMENDMENT OF 10 Geo. 4, c. 50, AS TO SALE TO COPYHOLD TENANT FOR PURPOSE OF ENFRANCHISEMENT-SEE 15 & 16 Vict. c. 51, s. 46, AND 21 & 22 VICT. C. 94, s. 33. — Whenever in pursuance of the Crown Lands Act, 1829, and the Acts amending the same, the freehold of any copyhold or customary tenement, parcel of or holden of any manor belonging to the Crown, or any manorial right, parcel of any manor belonging to the Crown over or in relation to any land, is sold by the Commissioners of Woods to the tenant thereof (whether there has been any conditional surrender or not); the right of any person in to or out of such copyhold or customary tenement or the land subject to such manorial right under any will, settlement, mortgage, or otherwise shall continue to attach upon such tenement or land, in the same manner as if the freehold had been comprised in and had been devised, conveyed, charged, or otherwise disposed of, by the will, settlement, mortgage, or other instrument or disposition, under which such person claims.
The purchaser in any such case may mortgage the fee simple of such tenement or land to secure the payment of the purchase money and the costs of the purchase and interest thereon to the person advancing the same, his executors, administrators, and assigns, and such mortgage may be made although the purchaser himself advances the money, and such mortgage shall have priority over all mortgages, charges, and incumbrances whatsoever affecting such land (except tithe commutation rent charge, and any charges or rent charges which either before or after such mortgage are charged upon the same land for the drainage thereof by virtue of any Act of Parliament), and that notwithstanding the actual priority in point of date or anterior title of such mortgages, charges, and incumbrances; but any such previous mortgage, charge, and incumbrance shall continue notwithstanding the mortgage under this section : Provided that no such charge shall have priority over any mortgage charge or incumbrance which at the time of the passing of this Act may affect the lands enfranchised, without the consent of the Land Commissioners for England.
5. AMENDMENT OF 14 & 15 Vict. c. 42, s. 5, AS TO THE EXERCISE OF POWERS BY THE COMMISSIONERS. — For the purpose of removing doubts it is hereby declared that where the Commissioners of Her Majesty's Treasury have in pursuance of section five of the Crown Lands Act, 1851, or otherwise, either before or after the passing of this Act, assigned to one of the Commissioners of Woods the management or direction of or in relation to any separate part of the Woods, Forests, and Land Revenues under the management of such Commissioners, any duties or powers under this Act or under any
passed either before or after the passing of this Act which should or might be performed or exercised in relation to such separate part shall be performed and may
be exercised by the Commissioners to whom the said management or direction is for the time being so assigned. [Ss. 6-8 and Second Schedule apply to England exclusively. First Schedule rep. 61 $
62 Vict. c. 22 (S.L.R.).]