shall be deemed a disorderly house, and the person Sect. 2 (5).
occupying, or rated as occupier of, the same shall be liable
on summary conviction to a penalty not exceeding five
pounds for every day on which the same is kept or used for
any of the purposes aforesaid; and it shall be lawful for
any constable, being thereunto authorised by warrant under
the hand of one of Her Majesty's justices of the peace for
the county of Middlesex, to enter any such house, room,
garden, or place so kept or used without such licence as
aforesaid, and to apprehend every person who shall be
found therein in order that they may be dealt with
according to law (n).

(6.) There shall be affixed and kept up in some conspicuous place
on the door or entrance of every house, room, garden, or
place so kept or used and so licensed as aforesaid an inscrip-
tion in large capital letters in the words following:
"Licensed in pursuance of Act of Parliament for

with the addition of words showing the purpose or purposes
for which the same is licensed;

(7.) Any house, room, garden or place so kept or used, although
so licensed as aforesaid, shall not be opened for any of the
said purposes except on the days and between the hours
stated in the licence: Provided that no such house, room,
garden, or other place so kept or used shall be open for any
of the purposes aforesaid after midnight and before the
hour of noon; save that if on any special occasion an
occasional licence of exemption shall have been granted
under the twenty-ninth section of the Licensing Act, 1872, 35 & 36 Vict
in respect of any house, room, garden, or other place c. 94.
licensed under this Act, no penalty shall be incurred on
account of such house, room, garden or other place being
kept open for any of the purposes aforesaid on such special
occasion from midnight until the hour specified in such
occasional licence as the hour for closing (o).

(8.) The affixing and keeping up of such inscription as aforesaid, and the observance of the days and hours of opening and closing, shall be inserted in and made a condition of every such licence:

(9.) In case of any breach or disregard of any of the terms or conditions upon or subject to which the licence was granted the holder thereof shall be liable on summary conviction to a

(n) The power to enter and arrest is not given by the Public Health Act, 1890. A similar provision is to be found in 25 Geo. 2, c. 36, s. 2, but it does not appear in what way persons merely found in the house are to be "dealt with according to law."

(0) This sub-section substantially re-enacts the amendment of 25 Geo. 2, c. 36, s. 3, which is contained in the Public Entertainments Act, 1875 (38 & 39 Vict. c. 21).

Sect. 2 (9).

25 Geo. 2, c. 36.

38 & 39 Vict. c. 21.

penalty not exceeding twenty pounds, and in the case of a
continuing offence to a daily penalty (i.e., a penalty for
each day on which such offence is continued after convic-
tion therefor) not exceeding five pounds, and such licence
shall be liable to be revoked by the order of the County
Council:

(10.) No notice need be given under sub-section (4) of this section
when the application is for a renewal of any existing
licence held by the applicant for the same premises:

(11.) The County Council may, if and as they think fit, grant to
any person applying for the same a licence to keep or use
any house, room, garden, or place for any purpose within
the meaning of this section for any period not exceeding
fourteen days which they shall specify in such licence, not-
withstanding that no notice shall have been given under
sub-section (4) of this section:

(12.) From and after the passing of this Act, sections two and
three of the Disorderly Houses Act, 1751, and the whole
of the Public Entertainments Act, 1875, shall be repealed
so far as relates to the administrative county of Middlesex :
(13.) Nothing in this Act shall be deemed to interfere with any
other enactment respecting the prosecution of persons
keeping disorderly houses:

(14.) The powers by this Act conferred upon the County Council
shall be in addition to and not in derogation of any of the
powers of licensing now vested in the County Council (p).

WILD BIRDS PROTECTION ACT, 1894.

(57 & 58 VICT. CAP. 24).

An Act to amend the Wild Birds Protection Act, 1880 (q).

*

*

*

[20th July 1894.]

*

Short title and con

struction.

1. This Act may for all purposes be cited as the Wild Birds Protection Act, 1894, and shall be construed as one with the Wild 43 & 44 Vict. Birds Protection Act, 1880 (herein-after referred to as "the principal Act,"), except as herein-after provided.

c. 35.

(p) Having regard to the repeal contained in sub-s. (12), it is difficult to understand what other powers of licensing are vested in the county council.

(9) See the note to Local Government Act, 1888, s. 3 (xiii.), ante, p. 12, and the Wild Birds Protection Act, 1896, post, which further amends the Act of 1880, and explains the present Act.

2. A Secretary of State may, after the passing of this Act, upon application by the county council of any administrative county by order 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 recom-
mended 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 (r).

Sect. 2.

Prohibition of taking or destroying eggs.

3. A Secretary of State may, on the representation of the council Order as to of any administrative county (s), order that the principal Act shall application of principal Act apply within that county or any part or parts thereof to any species to other of wild bird not included in 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 accordingly.

birds.

4.-(1.) The council of an administrative county (s) shall in every Publication year give public notice of any order under this Act which is in force of order. in any place 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 notices of the order in conspicuous spots within
and near each place in which the order operates; and
(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 Penalties. destroy, or incite any other person to take or destroy

(a.) The eggs of any wild birds within any area specified in the

order; or

(b.) The eggs of any species of wild bird named in the order, shall, on conviction before any two justices of the peace in

(r) An order under this section may be limited to particular places, periods, and species of birds; the order must, it appears, follow the application in these respects. The powers of a county council under this Act are exerciseable by the council of a county borough. See 59 & 60 Vict. c. 56, s. 3, post.

(8) Including the council of a county borough. See last note.

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 be defrayed by that council as expenses for general county purposes within the meaning of the Local Government Act, 1888 (t), or so far as respects Scotland, the Local Government (Scotland) Act, 1889.

7. Application to Scotland and Ireland.]

Extension of powers of

SEA FISHERIES (SHELL FISH) REGULATION ACT, 1894.
(57 & 58 VICT. CAP. 26.)

An Act to extend the powers of Local Fisheries Committees with
respect to Fisheries for Shell Fish.
[20th July 1894.]

1.—(1.) The powers of a local fisheries committee to make byelocal fisheries laws in pursuance of section two of the Sea Fisheries Regulation Act, committees 1888, shall extend to making bye-laws to be observed within their with respect district for the regulation, protection, and development of fisheries for 51 & 52 Vict. all or any specified kinds of shell fish, and any such bye-laws may provide, amongst other things, for

to shell fish.

c. 54.

(a.) The fixing of the sizes and condition at which shell fish may not be removed from a fishery, and the mode of determining such sizes; (x)

(b.) The obligation to re-deposit in specified localities any shell fish the removal or possession of which is prohibited by or in pursuance of any Act of Parliament;

(c.) The protection of shell fish laid down for breeding purposes; (d.) The protection of culch and other material for the reception of spat, that is to say, of the spawn or young of any kinds of shell fish; and

(e.) The obligation to re-deposit such culch and other material in specified localities.

(t) In the case of the council of a county borough, the expenses are to be defrayed out of the borough fund or borough rate. 59 & 60 Vict. c. 56, s. 3, post. (u) This Act extends the powers of a local fisheries committee (formed under the Sea Fisheries Regulation Act, 1888, ante, p. 401), with respect to

shell fish.

(x) For an instance where a bye-law under this section was upheld by the court, see Thompson v. Burns, 66 L. J. Q. B. 176; 76 L. T. (N.S.) 58; 61 J. P. 84; 14 T. L. R. 114. It was there held that the offence of removing undersized shell fish from a fishery contrary to a bye-law made under this section is complete when the shell fish have been taken up from any part of the fishery with the intention of wantonly carrying them away.

(2.) A local fisheries committee shall have power to stock or re- Sect. 1 (2). stock any public fishery for shell fish, and for that purpose to incur such expenses as may be sanctioned by the Board of Trade.

(3.) For the purposes of this Act the expression "shell fish" shall include all kinds of molluscs and crustaceans.

2. This Act may be cited as the Sea Fisheries (Shell Fish) Short title. Regulation Act, 1894, and the Sea Fisheries Regulation Acts, 1888 51 & 52 Vict. and 1891, and this Act may be cited collectively as the Sea Fisheries 54 & 55 Vict. Regulation Acts, 1888 to 1894.

c. 54.

c. 37.

DISEASES OF ANIMALS ACT, 1894.

(57 & 58 VICT. Cap. 57) (z).

An Act to consolidate the Contagious Diseases (Animals) Acts, 1878 to 1893.

[25th August 1894.]

Central and Local Authorities.

Powers of
Board of
Agriculture

1. The powers and duties conferred and imposed by this Act on the Board of Agriculture as regards England and Wales and Scot- in England, land, shall be executed and discharged by the Board in manner Wales, and provided by the Board of Agriculture Act, 1889, and this Act (a). 52 & 53 Vict.

Scotland.

c. 30.

2. The local authorities in this Act described shall execute and Local enforce this Act and every order of the Board of Agriculture authorities to so far as the same are to be executed or enforced by local authorities.

execute Act.

Local authorities in England

3. The Local authorities in England and Wales shall be— (i) for each borough not being a borough to which section thirty-nine of the Local Government Act, 1888, applies (b), and Wales. the borough council;

(ii) for the residue of each administrative county, the county council (c).

(2) This Act is administered in a county by the county council; see s. 3, infra. It has been amended by 59 & 60 Vict. c. 15, post.

(a) Under the repealed Acts the central authority was the Privy Council, but the powers of the Privy Council were transferred to the Board of Agriculture by 52 & 53 Vict. c. 30.

(b) These are the smaller boroughs with a population of less than 10,000 (see the section referred to, ante, p. 86). For the purposes of this Act the smaller boroughs will form part of the administrative county.

(c) See the definition of the expression "administrative county" in s. 100 of the Local Government Act, 1888, ante, p. 172.

51 & 52 Vict. c. 41.