person shall, for the purpose of any Act authorizing the institution of legal proceedings by the owner of an exclusive right to game, have the same authority to institute such proceedings as if he were such exclusive owner, without prejudice nevertheless to the right of the occupier conferred by this Act. 8. For the purposes of this Act— The words “ground game "" mean hares and rabbits. Interpretation clause. 9. A person acting in accordance with this Act shall not thereby Exemption be subject to any proceedings or penalties in pursuance of any law from or statute. 10. Nothing in this Act shall authorize the killing or taking of ground game on any days or seasons, or by any methods, prohibited by any Act of Parliament in force at the time of the passing of this Act. penalties. Saving of existing prohibi tions. 11. This Act may be cited for all purposes as the Ground Game Short title. Act, 1880. E. THE ADULTERATION OF SEEDS ACTS. [32 & 33 Vict. c. 112.] An Act to prevent the Adulteration of Seeds. [11th August, 1869.] WHEREAS the practice of adulterating seeds, in fraud of Her Majesty's subjects, and to the great detriment of agriculture, requires to be repressed by more effectual laws than those which are now in force for that purpose: BE IT THEREFORE ENACTED,— 1. This Act may be cited as "The Adulteration of Seeds Act, Title of 1869." 2. In this Act Act. The term "to kill seeds" means to destroy by artificial means Interprethe vitality or germinating power of such seeds: tation of terms. The term "to dye seeds" means to give to seeds by any process of colouring, dyeing, sulphur smoking, or other artificial means the appearance of seeds of another kind. (a) relation to 3. Every person who, with intent to defraud or to enable Offences in another person to defraud, does any of the following things; that is to say, (a) See this definition replaced by another, 41 Vict. c. 17, p. 376, seeds. post. Summary proceedings for offences, penalties, &c. (1.) Kills or causes to be killed any seeds; or, (2.) Dyes or causes to be dyed any seeds; or, (3.) Sells or causes to be sold any killed or dyed seeds, shall be punished as follows; that is to say, (1.) For the first offence he shall be liable to a penalty not exceeding five pounds; (2.) For the second and any subsequent offence he shall be liable to pay a penalty not exceeding fifty pounds: Moreover, in every case of a second or any subsequent offence against this Act, it shall be lawful for the Court, besides inflicting upon the person guilty of such offence the punishment directed by this Act, to order the offender's name, occupation, place of abode, and place of business, and particulars of his punishment under this Act, to be published, at the expense of such offender, in such newspaper or newspapers, or in such other manner as the Court may think fit to prescribe. 4. Any forfeiture or penalty under this Act may be recovered, enforced, and applied as follows: In England, before two justices of the peace in manner directed In Scotland, in manner directed by the Summary Procedure Any jurisdiction by this section authorized to be exercised by two justices may be exercised by any of the following magistrates within their respective jurisdictions; that is to say, As to England, by any metropolitan police magistrate sitting alone at a police court or other appointed place, or by the Lord Mayor or any alderman of the city of London, sitting alone or with others within the said city: As to Scotland, by the sheriff or sheriff substitute, or by any police magistrate of a burgh: As to Ireland, by any one or more divisional magistrate of police in the police district of Dublin, and elsewhere by one or more justice or justices of the peace in petty sessions. The term "court" shall include the justices, magistrate, or other person or persons before whom proceedings may be had for the recovery of any forfeiture or penalty. defraud particular person need not be alleged. 5. In any proceeding for any offence against this Act, it shall Intent to be sufficient to allege that the party accused did the act charged with intent to defraud or to enable some other person to defraud, without alleging an intent to defraud any particular person or an intent to enable any particular person to defraud any particular person; and on the trial of any such offence it shall not be necessary to prove an intent to defraud any particular person or an intent to enable any particular person to defraud any particular person, but it shall be sufficient to prove that the party accused did the act charged with an intent to defraud or with intent to enable some other person to defraud, or with the intent that any other person might be enabled to defraud. from summary conviction. 6. In England where the person who is convicted under this Appeal Act thinks himself aggrieved by the conviction, such person may appeal to the next Court of General or Quarter Sessions held not less than twelve days after the day of such conviction for the county or place where the conviction is had, in manner and upon the conditions in and upon which a person aggrieved by a summary conviction under the Act of the session of the twenty-fourth and twenty-fifth years of the reign of Her present Majesty, chapter ninety-six, may appeal in pursuance of the one hundred and tenth section of the said Act. In Scotland and Ireland, in like cases as in England, an appeal shall lie in manner in that behalf provided by the law of Scotland and of Ireland respectively. A summary conviction under this Act in England shall not be quashed for want of form or be removed by certiorari; and a warrant of commitment on any such conviction shall not be held void by reason of any defect therein, if it is therein alleged that the person therein named has been convicted, and there is a good conviction to sustain the same. 7. Every complaint under this Act against any person in respect of selling or causing to be sold any killed or dyed seeds shall be commenced within twenty-one days from the time of the commission of the offence complained of. Limiting time for proceedings under this Act. Court may order prosecutor to pay costs of unreasonable prosecu tion. Other remedies not to be affected. Commencement of Act. 8. Whenever any complaint is preferred against any person under this Act, and the Court upon the hearing thereof determines that it is not bonâ fide made upon reasonable and probable cause, it shall be lawful for the Court in its discretion to direct and order that the prosecutor or other person by whom or at whose instance such complaint has been preferred shall pay unto the accused person the just and reasonable costs, charges, and expenses, to be settled by the Court, of such accused person and his witnesses, occasioned by or consequent upon the preferring of such complaint; and upon non-payment of such costs, charges, and expenses within fourteen days after the date of such direction and order, it shall be lawful for the Court to enforce payment of the same in the same manner as if such costs were a penalty incurred by the person liable to pay the same, 9. Nothing in this Act contained shall prejudice or affect the power of proceeding by indictment or libel in respect of any offence herein provided for, nor shall any proceeding, conviction, or judgment to be had or taken under the provisions hereof against any person prevent, lessen, or impeach any remedy by civil process at law or in equity which any party aggrieved by any offence against this Act might have had if this Act had not been passed. 10. This Act shall commence and take effect on the first day of May one thousand eight hundred and seventy. Short title. Amend ment of definition of "to dye seeds," ADULTERATION OF SEEDS ACT, 1878. [41 Vict. c. 17.] An Act to amend the Adulteration of Seeds Act, BE IT ENACTED: 1. This Act may be cited as the Adulteration of Seeds Act, 1878, and shall be construed as one with the Adulteration of Seeds Act, 1869, and together with that Act may be cited as the Adulteration of Seeds Acts, 1869 and 1878. 2. From and after the passing of this Act, sect. 2 of the Adulteration of Seeds Act, 1869, shall be read as if, instead of the words, "The term 'to dye seeds' means to give to seeds by any process of colouring, dyeing, sulphur smoking, or other artificial means, the appearance of seeds of another kind," there were therein inserted the words, "The term 'to dye seeds' means to apply to seeds any process of colouring, dyeing, or sulphur smoking." (a) F. Report from Her Majesty's Commissioners on Agriculture, presented to both Houses of Parliament in the Session of 1882. (b) In obedience to Your Majesty's command, we now desire to report the conclusions at which we have arrived upon the effect of the evidence which has been submitted to us as to 1. The depressed condition of the agricultural interest, and the causes to which it is owing: 2. Whether those causes are of a permanent character, and how far they have been created or can be remedied by legislation. Whatever difference of opinion may exist as to the causes of agricultural depression, or as to remedies which may be suggested for it, it will be observed that there prevails complete uniformity of conviction as to the great extent and intensity of the distress which has fallen upon the agricultural community. Owners and occupiers have alike suffered from it. No description of estate or tenure has been exempted. The owner in fee and the life tenant, the occupier, whether of large or of small holding, whether under lease, or custom, or agreement, or the provisions of the Agricultural Holdings Act,—all without distinction have been involved in a general calamity. It is important that this should be clearly understood, so that undue stress may not be laid upon suggestions for legislative changes, which, whether expedient or not, have no direct or immediate connection with the distress of the present time. The two most prominent causes which are assigned for that distress are bad seasons and foreign competition, aggravated by the increased cost of production and the heavy losses of live stock. The extent to which agriculture has been injuriously affected (a) This amendment seems to have been intended to cure a defect in the Act of 1869, disclosed by Francis v. Maas, L. R. 3 Q. B. D. 341. (b) The Commission was appointed in 1879 under Lord Beaconsfield's Government. The Editors are responsible for the notes. |