Oysters of less Dimensions than those to be so fixed, and during any Part of the Close Time, or in Places where in pursuance of said second-recited Act dredging for Oysters shall be prohibited for a certain Period, to prohibit, if they shall so think fit, that any Boat shall have on board a Dredge or other Implements for the taking of Oysters, and to make such other Rules and Regulations as to them shall seem fit for the Increase, Improvement, and Protection of the Oyster Fisheries. Proprietors of Water Bailiffs. XXI. And be it enacted, That it shall and may be lawful for any Proprietor or Tenant of any Oyster Bed or Laying, or for Oyster Beds any associated Body of Persons interested in the Protection and may appoint Improvement of any Oyster Fishery, to appoint, in the same Manner and subject to the same Restrictions and Provisions as in and by the said first-recited Act and this Act are provided for the Appointment of Water Bailiffs, any Person or Persons to be a Water Bailiff or Water Bailiffs for the Protection of any such Oyster Fishery, and for the due Enforcement of the Provisions of the said recited Acts and this Act in respect of the same, and of the Bye Laws, Rules, and Regulations now or hereafter to be made by said Commissioners in relation thereto; and the Water Bailiffs so to be appointed shall have and may exercise and use all and every the same Powers and Authorities, and have the same Privileges as by the said recited Acts or this Act are vested in or given to the Water Bailiffs appointed or to be appointed thereunder, so far as the same may be necessary for the Purposes aforesaid. Commissioners XXII. And be it enacted, That all Orders and Decisions, Decisions and Judgments and Definitions, which shall be made, pronounced, Judgments of or given by the said Commissioners under the Provisions of the to be recorded, said recited Acts or this Act, shall be recorded in the Office of and Copies to the said Commissioners, and a Copy of each such Order, De- be Evidence. cision, Judgment, or Definition (as the Case may be) shall be deposited with the Clerk or Clerks of the Peace for the County or Counties to any Part of which, or the Sea bordering on which or any Part of which, the same shall relate or apply; and in all Cases where it shall hereafter become necessary to prove any such Order, Decision, Judgment, or Definition in any Court of Law or Justice, or elsewhere, a Copy obtained from the Office of any Clerk of the Peace with whom the same may be lodged, and certified by him to be a true Copy thereof, shall be received and taken as full and sufficient Evidence of the Existence of any such Order, Decision, Judgment, or Definition; and any such Order or Decision, Judgment or Definition, shall not be quashed, set side, or adjudged void or insufficient for Want of Form only, and shall not be liable to be removed by Certiorari or otherwise into Her Majesty's Court of Queen's Bench, or any other of Her Majesty's Courts of Record in Dublin. be recovered XXIII. And be it enacted, That the several Penalties, For- Penalties an feitures, and Expences directed or empowered to be imposed, Forfeitures to levied, recovered, or enforced under the Provisions of the said and applied as recited Act of the Seventh and Eighth Years of the Reign of directed by [No. 71. Price 2d.] Her 5&6 Vict.c.106. 4 B Commissioners to have same Powers, Autho leges under this Her present Majesty or this Act, or by any Bye Law, Rule, or Regulation made or to be made by the said Commissioners in pursuance of the said recited Acts or this Act, may be recovered, levied, enforced, and applied in like Manner and by such Ways and Means as are provided by the said first-recited Act of the Fifth and Sixth Years of the Reign of Her present Majesty as to the Penalties, Forfeitures, and Expences imposed or provided thereby. XXIV. And be it enacted, That the said Commissioners shall, as to all Matters and Things done or to be done under rities, and Privi. the Provisions of the said Act of the Seventh and Eighth Years of Her Majesty, or this Act, have, use, and exercise the like Powers and Authorities and have the like Privileges as are by the said first-recited Act of the Fifth and Sixth Years of Her Majesty vested in or given to the Commissioners of Public Works, or any of them, under the said first-recited Act. Act as under 5&6 Vict. c. 106. Interpretation of Words in this Act. XXV. And be it enacted, That the said herein-recited Acts of the Fifth and Sixth Years of Her Majesty's Reign and of the Seventh and Eighth Years of Her Majesty's Reign shall continue and be in full Force and Effect, save and except so far as the same are or either of them is altered by or inconsistent with any of the Provisions of this Act, and that the said Acts and this Act shall be construed together as One Act; and that in the Construction of this Act, except where the Nature of the Provisions or the Context of this Act shall exclude such Construction, the Words "Net," "Salmon," " Vessel," "River," "Person," "Proprietor," " County," and "Estuary," shall be construed to have the Meaning and extend and be applied as in the said first herein-recited Act is directed and provided; and the Words" said Commissioners," in the said recited Acts or this Act, shall be construed and mean and extend and be applied to the Commissioners of Public Works for the Time being and any Commissioner to be appointed under this Act, or any One or more of them; and the Expression "Judge of Assize" shall, as to Cases arising in the County of Dublin or County of the City of Dublin, mean and include a Judge of any of Her Majesty's Superior Law Courts of Record in Dublin at Nisi Prius at the Sittings next after the pronouncing of any Order or Decision appealed from, or if such Sittings shall commence within Twenty-one Days after the pronouncing of any such Order or Decision, then at the Sittings next but one from the pronouncing of such Order or Decision; and every Word importing the Singular Number only shall extend and be applied to several Persons or Things as well as one Person or Thing; and every Word importing the Plural Number shall extend and be applied to one Person or Thing as well as several Persons or Things; and every Word importing the Masculine Gender only shall extend and be applied to a Female as well as a Male; and the Words "Close Time" or "Close Season " shall, when used in the said Acts or this Act, be construed to mean the Time or Season within which it is or may be prohibited to fish for, take, or destroy, by certain specified Means, or or by any Means whatsoever, as the Case may be, any of the particular Kinds of Fish prohibited to be fished for or taken by such specified Means, or by any Means, as the Case may be, during such Time or Season. "Salmon to XXVI. And be it enacted, That the Word "Salmon" in the said recited Acts and this Act shall also mean and be include Pollen or Fresh-water construed to extend to and include the Fish called Pollen or Herring. Fresh-water Herring, and the Fry and Spawn thereof; and all the Provisions of the said recited Acts and this Act for the Protection and Regulation of the Salmon Fisheries shall extend to and include such Pollen, save and except that the Close Season for said Pollen shall be the same as that fixed by said first-recited Act for Trout, unless such Close Season for Pollen shall be altered by the said Commissioners in pursuance of the Powers vested in them for altering the Close Time of any District, Lake, or River; and during the open fishing Time for such Pollen it shall be lawful that the same may be fished for or taken by such Nets or other Means as the said Commissioners shall authorize, sanction, or direct. XXVII. And be it enacted, That this Act may be amended Alteration of or repealed by any Act to be passed during this present Session Act. of Parliament. CAP. CIX. An Act to amend the Law concerning Games and [8th August 1845.] HEREAS the Laws heretofore made in restraint of unlawful Gaming have been found of no Avail to prevent the Mischiefs which may happen therefrom, and also apply to sundry Games of Skill from which the like Mischiefs 'cannot arise:' 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 Parlia ment assembled, and by the Authority of the same, That so Repeal of Part much of an Act passed in the Thirty-third Year of the Reign of 33 H. 8. c. 9. of King Henry the Eighth, intituled The Bill for maintaining Artillery, and the debarring of unlawful Games, whereby any Game of mere Skill, such as Bowling, Coyting, Cloyshcayls, Half Bowl, Tennis, or the like, is declared an unlawful Game, or which enacts any Penalty for playing at any such Game of Skill as aforesaid, or which enacts any Penalty for lacking Bows or Arrows, or for not making and continuing Butts, or which regulates the making, selling, or using of Bows and Arrows, and also so much of the said Act as requires the Mayors, Sheriffs, Bailiffs, Constables, and other head Officers within every City, Borough, and Town within this Realm, to make search weekly, or at the farthest Once a Month, in all Places where Houses, Alleys, Plays, or Places of Dicing, Carding, or Gaming shall be suspected to be had, kept, and maintained, shall be repealed, and also so much of the said Act as makes 4 B 2 it What shall be sufficient Evidence that a House is a common Gaming House. Power of Justices may be exercised under Warrant. it lawful for every Master to license his or their Servants, and for every Nobleman and other having Manors, Lands, Tene-, ments, or other yearly Profits for Term of Life, in his own Right or in his Wife's Right, to the yearly Value of an Hundred Pounds or above, to command, appoint, or license, by his or their Discretion, his or their Servants or Family of his or their House or Houses to play at Cards, Dice, or Tables, or any unlawful Game, as therein more fully set forth, shall be repealed; and that no such Commandment, Appointment, or Licence shall avail any Person to exempt him from the Danger or Penalty of playing at any unlawful Game or in any common Gaming House. II. And whereas Doubts have arisen whether certain Houses, alleged or reputed to be opened for the Use of the Subscribers only, or not open to all Persons desirous of using the same, are to be deemed common Gaming Houses; be it declared and enacted, That, in default of other Evidence proving any House or Place to be a common Gaming House, it shall be sufficient, in support of the Allegation in any Indictment or Information that any House or Place is a common Gaming House, to prove that such House or Place is kept or used for playing therein at any unlawful Game, and that a Bank is kept there by One or more of the Players exclusively of the others, or that the Chances of any Game played therein are not alike favourable to all the Players, including among the Players the Banker or other Person by whom the Game is managed, or against whom the other Players stake, play, or bet; and every such House or Place shall be deemed a common Gaming House such as is contrary to Law and forbidden to be kept by the said Act of King Henry the Eighth, and by all other Acts containing any Provision against unlawful Games or Gaming Houses. III. And be it enacted, That in every Case (except within the Metropolitan Police District) in which the Justices of Peace in every Shire, and Mayors, Sheriffs, Bailiffs, and other head Officers within every City, Town, and Borough, within this Realm, now have by Law Authority to enter into any House, Room, or Place where unlawful Games shall be suspected to be holden, it shall be lawful for any Justice of the Peace, upon Complaint made before him on Oath that there is Reason to suspect any House, Room, or Place to be kept or used as a common Gaming House, to give Authority, by special Warrant under his Hand, when in his Discretion he shall think fit, to any Constable, to enter, with such Assistance as may be found necessary, into such House, Room, or Place, in like Manner as might have been done by such Justices, Mayors, Sheriffs, Bailiffs, or other head Officers, and, if necessary, to use Force for making such Entry, whether by breaking open Doors or otherwise, and to arrest, search, and bring before a Justice of Peace all such Persons found therein as might have been arrested therein by such Justice of Peace had he been personally present; and all such Persons shall be dealt with accord ing to Law, as if they had been arrested in such House, Room, or Place by the Justice before whom they shall be so brought; and any such Warrant may be in the Form given in the First Schedule annexed to this Act. IV. And be it enacted, That the Owner or Keeper of any Penalties on common Gaming House, and every Person having the Care or Gaming House Management thereof, and also every Banker, Croupier, and Keepers, &c other Person who shall act in any Manner in conducting the Business of any common Gaming House, shall, on Conviction thereof, by his own Confession, or by the Oath of One or more credible Witnesses, before any Two Justices of the Peace, beside any Penalty or Punishment to which he may be liable under the Provisions of the said Act of King Henry the Eighth, be liable to forfeit and pay such Penalty, not more than One hundred Pounds, as shall be adjudged by the Justices before whom he shall be convicted, or, in the Discretion of the Justices before whom he shall be convicted, may be committed to the House of Correction, with or without hard Labour, for any Time not more than Six Calendar Months; and on Nonpayment of any Penalty so adjudged, and of the reasonable Costs and Charges attending the Conviction, the same shall be levied by Distress and Sale of the Goods and Chattels of the Offender, by Warrant under the Hand and Seal of One of the convicting Justices: Provided always, that nothing herein contained shall prevent any Proceeding by Indictment against the Owner or Keeper or other Person having the Care or Management of a common Gaming House; but no Person who shall have been summarily convicted of any such Offence shall be liable to be proceeded against by Indictment for the same Offence. sary in support V. And be it enacted, That it shall not be necessary, in Proof of Gamsupport of any Information for Gaming in, or suffering any ing for Money, Games or Gaming in, or for keeping or using, or being concerned &c. not neces in the Management or Conduct of a common Gaming House, of Informations, to prove that any Person found playing at any Game was playing for any Money, Wager, or Stake. authorize Super seize all Instru VI. And be it enacted, That if any Superintendent belonging Commissioners to the Metropolitan Police Force shall report in Writing to the of Police may Commissioners of Police of the Metropolis that there are good intendent and Grounds for believing, and that he does believe, that any House, Constables to Room, or Place within the Metropolitan Police District is kept enter Gaming or used as a common Gaming House, it shall be lawful for Houses and either of the said Commissioners, by Order in Writing, to mentsof Gaming authorize the Superintendent to enter any such House, Room, and take into or Place, with such Constables as shall be directed by the Com- Custody all missioner to accompany him, and, if necessary, to use Force therein. for the Purpose of effecting such Entry, whether by breaking open Doors or otherwise, and to take into Custody all Persons who shall be found therein, and to seize all Tables and Instruments of Gaming found in such House or Premises, and also to seize all Monies and Securities for Money found therein. VII. And be it enacted, That it shall be lawful for the Police Police SuperinSuperintendent making such Entry as aforesaid in obedience tendent may 4 B 3 to Persons found search for In |