Sect. 6. Power to 4. Where any person is convicted of an offence against this Act or the principal Act, the court may, in addition to any penalty that may be imposed, order any trap, net, snare, or decoy bird used by such forfeit traps, person for taking any wild bird to be forfeited. 5. Application to Scotland.] 6. Act not to extend to Ireland.] nets, snares, etc. Short title, 7. This Act may be cited as the Wild Birds Protection Act, 1896, Sharlee and shall be construed with the Wild Birds Protection Act, 1880, the tive title. Wild Birds Protection Act, 1881, and the Wild Birds Protection Act, 1894, and those Acts and this Act may be cited collectively as the Wild Birds Protection Acts, 1880 to 1896. YORKSHIRE CORONERS ACT, 1897. An Act to constitute the Ridings of Yorkshire separate Counties for all [6th August 1897.] 1. For all the purposes of the Coroners Acts, 1844, 1860, 1887, Ridings of Yorkshire to and 1892, the ridings of Yorkshire shall respectively be separate be separate counties, and the county council of each riding shall, to the exclusion counties in of any other authority, be the county authority for all the purposes the Coroners of those Acts (n). respect of Acts. Provided that nothing in this section shall affect the alteration in manner provided by section five, sub-section three, of the Local Government Act, 1888, of the district of any coroner which is at 51 & 52 Vict. the commencement of this Act situate partly in one and partly in another of the ridings (0). c. 41. 2. Nothing herein contained shall affect the rights, duties, powers, Rights of existing or liabilities of any county coroner holding office at the commence- county ment of this Act, and if the district of any such coroner is divided coroners. into two or more districts, residence in any one of such districts shall be deemed to comply with section five of the Coroners Act, 7 & 8 Vict. 1844 (p). (n) This is an amendment of s. 38 of the Coroners Act, 1887 (50 & 51 Vict. c. 71), which provided that the whole of Yorkshire should be a county for purposes of that Act. (0) See this sub-section, ante, p. 15. It enables the joint committee of the county appointed under s. 46, ante, p. 99, to alter the district of any coroner so that it should not be situate in more than one riding. (p) An existing coroner will therefore continue to be a coroner for the entire county of Yorkshire under 7 & 8 Vict. c. 92, s. 19, but he will satisfy the requirements of s. 5 of that Act by residing in any part of his present district even if that is divided under s. 5, sub-s. (3) of the Local Government Act, 1888, ante, p. 15. c. 92. 736 Sect. 3. Commencement of Act. Short title. LOCAL GOVERNMENT (JOINT COMMITTEES) ACT (60 & 61 VICT. CAP. 40). 3. This Act shall come into operation on the first day of April, one thousand eight hundred and ninety-eight. 4. This Act may be cited as the Yorkshire Coroners Act, 1897. Joint committees for Burial Acts. LOCAL GOVERNMENT (JOINT COMMITTEES) ACT, 1897. An Act to amend the Local Government Act, 1894, with regard to [6th August 1897.] * 1.—(1.) Where a joint committee is appointed under section fiftythree of the Local Government Act, 1894, for the purposes of the 56 & 57 Vict. Burial Acts, 1852 to 1885c. 73. (a) any expenses incurred in carrying out those purposes shall be defrayed, any money borrowed for those purposes shall be borrowed, and any receipts arising from those purposes shall be divided, by the councils appointing the committee in such proportion as they may agree upon, or, as in default of agreement, may be determined by the county council, or, if one of the councils so appointing is the council of a county borough, by the Local Government Board; (b) the consent of the Local Government Board shall be required to the borrowing by any council of any money required to be borrowed for those purposes, but that consent shall be conclusive as to the power of the council to borrow, and no other consent shall be required either under the said Burial Acts, or the Local Government Act, 1894, or any other Act (r); (c) Part IV. of the First Schedule to the Local Government Act, 1894, shall apply to the proceedings of the committee. (q) Section 53 (2) of the Local Government Act, 1894, ante, p. 639, provides for the execution of the Burial Acts (amongst other "adoptive Acts") in cases where by the operation of the Act of 1894 a parish in which the Burial Acts were in force became divided into two or more parishes: the powers under the Burial Acts were transferred to the councils of the rural parishes or urban districts which comprised the old Burial Acts area, and were to be exercised by a joint committee appointed by those councils. The section did not provide for the constitution of the joint committee. This Act makes provision for this, as also for the apportionment of the expenses, but it seems doubtful whether it does not create new difficulties as to the area chargeable with the expenses when apportioned having regard to s. 7 (6) and s. 53 (3) of the Act of 1894, ante, pp. 599, 640. (r) A parish council borrowing in pursuance of this Act will not require to obtain the consent of the county council under s. 12 (1) of the Local Government Act, 1894, ante, p. 609; and as the consent of the Local Government Board is to be conclusive, it appears that the consent of the parish meeting and the approval of the county council (under s. 11 of the same Act) to the incurring by the parish council of expenses involving a loan will not be necessary. (2.) If any difference arises as to the constitution of any such Sect. 1 (2). committee it may be determined by order of the Local Government Board. (3.) For the purposes of this section references to a council shall, in the case of a parish not having a parish council, include the parish meeting, and the parish meeting shall have the same power of borrowing for the purposes of the Burial Acts as a parish council would have (s). 2. This Act shall be construed as one with the Local Government Short title. Act, 1894, and may be cited as the Local Government (Joint Committees) Act, 1897. MILITARY MANOEUVRES ACT, 1897. An Act to facilitate Military Manœuvres. [6th August 1897.] authorise 1.-(1.) Her Majesty may, by Order in Council, authorise the Power to execution of military manoeuvres within specified limits and during execution of a specified period not exceeding three months. Provided that the milltary same limits, or any part thereof, shall not be specified more than manœuvres. once in any period of five years. (2.) Whenever it is proposed to make any such Order a draft thereof shall, not less than six months before the Order is to come into force, be sent to the council of each county, county borough, district, and parish, wholly or partly within the specified limits, and in the case of the New Forest to the court of verderers; and notice of this intention to make the Order shall, not less than three months before the Order is to come into force, be advertised in at least two newspapers circulating generally within the district (u). (s) The Act of 1894 does not contemplate any borrowing by a parish meeting; the mortgage could, it seems, be executed, on the direction of the parish meeting, by the chairman and overseers under s. 19 (6) of the Local Government Act, 1894, ante, p. 616. (t) This Act affects county councils as highway authorities in respect of main roads, and also as having the duty of appointing members of the military manoeuvres commission referred to in ss. 4, et seq. It is probably intended also that they shall have power to raise objections to the making an Order in Council under the Act. See s. 1 (2). (u) It may be presumed that the object of this provision is to enable the county councils and other bodies mentioned to make representations to the Privy Council as to the desirability or otherwise of making the order of which the draft is before them for consideration. The order ought, it would seem, to be made a sufficient time before its coming into force to enable the proceedings of the military manoeuvres commission mentioned in s. 5, infra, to take place. Sect. 1 (3). Powers exer ciseable for purposes of (3.) The draft Order shall not be submitted to Her Majesty in Council until it has lain before each House of Parliament for thirty days on which that House is sitting, nor unless each House presents an address to Her Majesty praying that the Order may be made. 2. Where an Order in Council under this Act authorises the execution of military manoeuvres, such persons as are under the manoeuvres. authority of Her Majesty engaged in the manœuvres (in this Act referred to as the authorised forces) may under the direction of the Secretary of State within the specified limits and during the specified period, (a) pass over, and encamp, construct military works, not of a permanent character, and execute military manœuvres on any authorised land (x); and (b) supply themselves with water from any authorised sources of water (x), and, for that purpose, dam up any running water. Provided always, that such damming up of water does not interfere with the carrying on of any trade or industry, and that nothing in this Act shall authorise the taking of water from any source of supply belonging to a private owner, or public authority, except subject to the supply shown to be required by those entitled to use such water supply. Provided as follows (1.) Nothing in this Act shall authorise entry on or interference with (except to the extent of using authorised roads (r)) any dwelling-house, place of worship, school, factory, workshop, store or premises, used for the carrying on of any trade, business, or manufacture, farmyard, garden, orchard, pleasure ground or nursery ground, burial ground, ground attached to any place of worship, or school, or any premises enclosed within the curtilage of or attached to any dwelling-house, or any enclosed wood or plantation. (2.) The officer in command of the authorised forces (y) shall take care that there is no interference with earthworks, ruins, or other remains of antiquarian or historical interest, or with any picturesque or valuable timber, or other natural features of exceptional interest or beauty, and shall be empowered to prevent trespass or damage to property by persons not belonging to the forces, and shall cause all lands used under the powers conferred by this Act to be restored as soon and as far as practicable to their previous condition. (x) The expressions "authorized land," "authorized sources," and "authorized roads," are explained by s. 5, infra. (y) This expression is defined at the beginning of this section. (3.) Subject to the provisions of this Act with respect to- (b) obstruction of or interference with military (c) entering or remaining in a camp, nothing in this Act shall prejudicially affect any public Sect. 2 (3). close roads 3.-(1.) Two justices of the peace, not being military officers in Power to command of the forces (2), may, if they shall think fit, on the application of a commissioned officer in command of the authorised forces or of part thereof, by order, suspend, for a time not exceeding forty-eight hours, any right of way over any road or footpath (a) within the specified limits and within their jurisdiction. Provided that any such order shall only be made with regard to any county, or main, or parish, road by at least two justices, not being military officers in command of the forces (2), sitting in petty sessions in the petty sessional division or divisions within which such road or part of road to be stopped is situate, and for a time not exceeding twelve hours, and after seven days notice of such intended application published in at least one newspaper circulating generally in the district, and subject to such terms and conditions as may be required by the said justices for the protection of individuals or of the public or of public bodies. (2.) The officer in command of the authorised forces shall cause such public notice of the order as the justices may require to be given not less than twelve hours before the order comes into force, and shall give all reasonable facilities for traffic whilst the order is in force. Manœuvres 4.-(1.) Whenever an Order in Council is made (b) under this Act Military a commission (in this Act called the Military Manoeuvres Com- Commission. mission) shall be formed consisting of as representative members (a) and (b) : (a) two persons appointed by the council of each county and one (c) such other persons, being resident owners or occupiers of (2) The context seems to require that "forces" should be read as "authorized forces" here. (a) Apparently the road or footway need not be an "authorized road" within s. 5 (1), infra. (b) The commission is not to be formed until the order has been actually made; but it appears necessary that they should act before it comes into force. See note (u), ante, p. 737. |