Freight.

An Act to remove doubts as to the manner in which the powers and duties of justices acting in and for a borough may be exercised under the Licensing Acts, 1828 to 1904.

[21st December 1906.]

BE it enacted by the King'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:

a borough

1.-(1) It is hereby declared that where a Justices power may be exercised or a duty is to be per- acting for formed under the Licensing Acts, 1828 to under the 1904, or under any rule or regulation made Licensing under those Acts or any of them, by justices acting in and for a borough, including a county majority. borough (whether those justices are described as the whole body of justices or otherwise), it

Acts may act by a

Betting in a street, &c.

An Act for the Suppression of Betting in Streets and other Public Places. [21st December 1906.]

BE it enacted by the King'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.-(1) Any person frequenting or loitering in streets or public places, on behalf either of himself or of any other person, for the purpose of bookmaking, or betting, or wagering, or agreeing to bet or wager, or paying or receiving or settling bets, shall

(a) in the case of a first offence be liable, on conviction under the Summary Jurisdiction Acts, to a fine not exceeding ten pounds;

(b) in the case of a second offence be liable, on conviction under the Summary Jurisdiction Acts, to a fine not exceeding twenty pounds; and

(c) in the case of a third or subsequent offence, or in any case where it is proved that the person whilst committing the offence had any betting transaction with a person under the age of sixteen years, be liable on conviction on indictment to a fine not exceeding fifty pounds or to imprisonment, with or without hard labour,

for a term not exceeding six months with. out the option of a fine, or on conviction under the Summary Jurisdiction Acts to a fine not exceeding thirty pounds or to imprisonment, with or without hard labour, for a term not exceeding three months, without the option of a fine; and shall in any case be liable to forfeit all books, cards papers, and other articles relating to betting which may be found in his possession.

(2) Any constable may take into custody without warrant any person found committing. an offence under this Act, and may seize and detain any article liable to be forfeited under this Act.

(3) Any person who appears to the court to be under the age of sixteen years shall for the purpose of this section be deemed to be under that age unless the contrary be proved, or unless the person charged shall satisfy the court that he had reasonable ground for believing otherwise.

(4) For the purpose of this section the word "street" shall include any highway and any public bridge, road, lane, footway, square, court, alley, or passage, whether a thoroughfare or not; and the words " public place shall include any public park, garden, or seabeach, and any unenclosed ground to which the public for the time being have unrestricted access, and shall also include every enclosed

4.D. 1906. place (not being a public park or garden) to which the public have a restricted right of access, whether on payment or otherwise, if at or near every public entrance there is conspicuously exhibited by the owners or persons having the control of the place a notice prohibiting betting therein.

Let not to

apply to a

racecourse.

Application io Scotland.

2. Nothing contained in this Act shall apply to any ground used for the purpose of a raceconrse for racing with horses or adjacent thereto on the days on which races take place. 3. In Scotland, "indictment has the same meaning as in the Criminal Procedure (Scotland) Act, 1887, and "passage includes common close or common stair or passage leading thereto; and, in the event of an offender failing to make payment of a fine imposed under section 1 (1), (a) or (b), of this

Act, he shall be liable to imprisonment in A.D. 1906. accordance with the provisions of the Summary Jurisdiction Acts; an offence prosecuted summarily under this Act may be tried before the sheriff or before any magistrate of any royal, parliamentary, or police burgh officiating under the provisions of any local or general Police Act.

4. In Ireland, where in pursuance of this Application to Ireland. Act an order is made by a court of summary jurisdiction for a term of imprisonment not exceeding one month, without the option of a fine, the party against whom the order is made shall be entitled to appeal in like manner as if the term of imprisonment exceeded one month.

5. This Act may be cited as the Street Short title. Betting Act, 1906.

Consents under 18 & 19 Vict.

. 128. s. 9.

An Act to amend the Law with respect to the consents required for the use of ground for burials and the construction of Cemeteries.

[21st December 1906.]

BE it enacted by the King'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 consent of the owner, lessee, and occupier of a dwelling-house to the use for burials of any ground used or appropriated for a burial ground or cemetery, mentioned in section nine of the Burial Act, 1855, shall not be and shall be deemed never to have been

required in any case where the dwellinghouse is or was begun to be erected or is or was erected or completed after any part of that ground has or had been so used or appropriated:

Provided that nothing in this section shall affect any rights acquired before the twentyseventh day of November one thousand nine

c. 15.

hundred and six under any judgment or order of a court of competent jurisdiction or under any agreement in writing, but if a dispute, one of the parties to which is a burial authority within the meaning of the Burial Act, 1900, 63 & 64 Vict. arises under such an agreement as to any such right, the dispute shall, if either party so requires, be determined by the Local Government Board either as arbitrators or otherwise at the option of the Beard, in like manner as if it were a difference which the Board are authorised to determine under the Local 51 & 52 Vict. Government Act, 1888, and section sixty-three and subsections (1) and (5) of section eightyseven of that Act, as amended by any subsequent enactment, shall apply accordingly.

c. 41.

under

c. 31.

2. In section ten of the Cemeteries Clauses Consents Act, 1847, as incorporated with the Public 10 & 11 Vict. Health (Interments) Act, 1879, "one hundred c. 65. yards" shall be substituted for "two hundred 42 & 43 Vict. yards as the distance from a dwelling-house within which no part of a cemetery may be constructed without the consent of the owner, lessee, and occupier of the house.

3. This Act may be cited as the Burial Act, Short title. 1906, and may be cited with the Burial Acts, 1852 to 1900, as the Burial Acts, 1852 to 1906.

An Act to make provision as to the appointment of Deputies for Recorders, Stipendiary Magistrates, and Clerks of the Peace, and for the temporary performance of the duties of those officers in case of vacancies.

[21st December 1906.]

Be it enacted by the King'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.-(1) If at any time it appears to the authority having power to appoint to any office to which this Act applies that the holder of the office is, by reason of illness, absence, or any other cause, incapable of appointing or removing a deputy, the authority may exercise that power on his behalf, and in so doing may assign out of his salary or stipend a suitable remuneration to any deputy so appointed.

(2) If any office to which this Act applies becomes vacant by death or otherwise, any person who immediately before the vacancy was a duly appointed deputy of the holder of the office, or, if there is no such deputy or no such deputy willing to act, any person appointed for the purpose by the authority having power to appoint to the office may act temporarily in the office until a person is duly appointed to fill the vacancy, and any person while so acting shall be in the same position as respects remuneration and otherwise as if he were the last holder of the office: Provided that the power of a person to act temporarily under this provision shall not extend beyond a period of six months from the occurrence of the vacancy:

(3) All things required or authorised by law to be done by, to, or before the holder of any office to which this Act applies, may be done by, to, or before any deputy appointed or any person acting temporarily in the office under this Act, as if that deputy or person were the holder of the office.

A.D. 1906.

(4) In cases where His Majesty has power to appoint to an office, the power to appoint a deputy or person to act temporarily under this Act may be exercised by the Secretary of State, and this Act shall be construed as if the Secretary of State were the authority having power to appoint to the office.

(5) Where any qualification is required by law in the case of a deputy of the holder of any office to which this Act applies, the same qualification shall be required as respects any person appointed to act temporarily in the office under this Act.

Amendment of law of conspiracy

n the case of trade disputes.

3 & 39 Vict. c. 86.

Peaceful picketing.

An Act to provide for the regulation of Trades Unions and Trade Disputes. [21st December 1906.]

Be it enacted by the King'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 following paragraph shall be added as a new paragraph after the first paragraph of section three of the Conspiracy and Protection of Property Act, 1875:

"An act done in pursuance of an agreement or combination by two or more persons shall, if done in contemplation or furtherance of a trade dispute, not be actionable unless the Act, if done without any such agreement or combination, would be actionable."

2. (1) It shall be lawful for one or more persons, acting on their own behalf or on behalf of a trade union cr of an individual employer or firm in contemplation or furtherance of a trade dispute, to attend at or near a hous> or place where a person resides or works or carries on business or happens to be, if they so attend merely for the purpose of peacefully obtaining or communicating information, or

of peacefully persuading any person to work or abstain from working.

(2) Section seven of the Conspiracy and Protection of Property Act, 1875, is hereby repealed from "attending at or near" to the end of the section.

3. An act done by a person in contemplation Removal of or furtherance of a trade dispute shall not be liability for interfering actionable on the ground only that it induces with some other person to break a contract of em. another ployment or that it is an interference with the business, &c. person's trade, business, or employment of some other person, or with the right of some other person to dispose of his capital or his labour as he wills.