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give notice thereof in writing to the registrar, and if he fail -so to do shall be liable to a penalty not exceeding ten pounds.

12. Liberty to use burial service of Church of England in unconsecrated ground.] No minister in holy orders of the Church of England shall be subject to any censure or penalty for officiating with the service prescribed by law for the burial of the dead according to the rites of the said church in any unconsecrated burial ground or cemetery or part of a burial ground or cemetery, or in any building thereon, in any case in which he might have lawfully used the same service, if such burial ground or cemetery or part of a burial ground or cemetery had been consecrated. The relative, friend, or legal representative having charge of or being responsible for the burial of any deceased person who had a right of interment in any such unconsecrated ground vested in any burial board, or provided under any Act relating to the burial of the dead, shall be entitled, if he think fit, to have such burial performed therein according to the rites of the Church of England by any minister of the said church who may be willing to perform the same.

13. Relief of clergy of Church of England from penalties in certain cases.] From and after the passing of this Act, it shall be lawful for any minister in holy orders of the Church of England authorised to perform the burial service, in any case where the office for the burial of the dead according to the rites of the Church of England may not be used, and in any other case at the request of the relative, friend, or legal representative having the charge of or being responsible for the burial of the deceased, to use at the burial such service, consisting of prayers taken from the Book of Common Prayer and portions of Holy Scripture, as may be prescribed or approved of by the Ordinary, without being subject to any ecclesiastical or other censure or penalty.

14. Saving as to ministers of Church of England.] Save as is in this Act expressly provided as to ministers of the Church of England, nothing herein contained shall authorise or enable any such minister who shall not have become a declared member of any other Church or denomination, or have executed a deed of relinquishment under the Clerical Disabilities Act, 1870, to do any act which he would not by law have been authorised or enabled to do if this Act had not passed, or to exempt him from any censure or penalty in respect thereof.

15. Application of Act.] This Act shall extend to the Channel Islands, but shall not apply to Scotland or to Ireland. 16. Short title of Act.] This Act may be cited as the Burial Laws Amendment Act, 1880.

I

SCHEDULES to which this Act refers.

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SCHEDULE (A.)

Notice of Burial.

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CAP. XLII.

An Act to extend and regulate the Liability of Employers to make Compensation for Personal Injuries suffered by Workmen in their service.

Be it enacted, &o. :

1. Amendment of law.] Where after the commencement of this Act personal injury is caused to a workman (1.) By reason of any defect in the condition of the ways, works, machinery, or plant connected with or used in the business of the employer; or

(2.) By reason of the negligence of any person in the service of the employer who has any superintendence entrusted to him whilst in the exercise of such superintendence; or

(3.) By reason of the negligence of any person in the service of the employer to whose orders or directions the workman at the time of the injury was bound to conform, and did conform, where such injury resulted from his having so conformed; or

(4.) By reason of the act or omission of any person in the service of the employer done or made in obedience to the rules or bye-laws of the employer, or in obedience to particular instructions given by any person delegated with the authority of the employer in that behalf; or

(5.) By reason of the negligence of any person in the service of the employer who has the charge or control of any signal, points, locomotive engine, or train upon a railway,

the workman, or in case the injury results in death, the legal personal representatives of the workman, and any persons entitled in case of death, shall have the same right of compensation and remedies against the employer as if the workman had not been a workman of nor in the service of the employer, nor engaged in his work.

2. Exceptions to amendment of law.] A workman shall not be entitled under this Act to any right of compensation or remedy against the employer in any of the following cases; that is to say,

(1.) Under sub-section one of section one, unless the defect therein mentioned arose from, or had not been discovered or remedied owing to the negligence of the employer, or of some person in the service of the employer, and entrusted by him with the duty of seeing that the ways, works, machinery, or plant were in proper condition.

(2.) Under sub-section four of section one, unless the injury resulted from some impropriety or defect in the rules, byelaws, or instructions therein mentioned; provided that where a rule or byelaw has been approved or has been accepted as a proper rule or byelaw by one of Her Majesty's Principal Secretaries of State, or by the Board of Trade or any other department of the Government, under or by virtue of any Act of Parliament, it shall not be deemed for the purposes of this Act to be an improper or defective rule or byelaw.

(3.) In any case where the workman knew of the defect or negligence which caused his injury, and failed within a reasonable time to give, or cause to be given, information thereof to the employer or some person superior to himself in the service of the employer, unless he was aware that the employer or such superior already knew of the said defect or negligence.

3. Limit of sum recoverable as compensation.] The amount of compensation recoverable under this Act shall not exceed such sum as may be found to be equivalent to the estimated earnings, during the three years preceding the injury, of a person in the same grade employed during those years in the like employment and in the district in which the workman is employed at the time of the injury.

4. Limit of time for recovery of compensation.] An action for the recovery under this Act of compensation for an injury shall not be maintainable unless notice that injury has been sustained is given within six weeks, and the action is commenced within six months from the occurrence of the accident causing the injury, or, in case of death, within twelve months from the time of death: Provided always, that in case of death the want of such notice shall be no bar to the maintenance of such action if the judge shall be of opinion that there was reasonable excuse for such want of notice.

5. Money payable under penalty to be deducted from com[7th September 1880.pensation under Act.] There shall be deducted from any com

pensation awarded to any workman, or representatives of workman, or persons claiming by, under, or through a workman, in respect of any cause of action arising under this Act, any penalty or part of a penalty which may have! been paid in pursuance of any other Act of Parliament to such workman, representatives, or persons in respect of the the same cause of action; and where an action has been brought under this Act by any workman, or the representatives of any workman, or any person claiming by, under, or through such workman, for compensation in respect of any cause of action arising under this Act, and payment has not previously been made of any penalty or part of a penalty under any other Act of Parliament in respect of the same cause of action, such workman, representatives, or person shall not be entitled thereafter to receive any penalty or part of a penalty under any other Act of Parliament in respect of the same cause of action.

6. Trial of actions.] (1.) Every action for recovery of compensation under this Act shall be brought in a county court, but may, upon the application of either plaintiff or defendant, be removed into a superior court in like manner and upon the same conditions as an action commenced in a county court may by law be removed.

(2.) Upon the trial of any such action in a county court before the judge without a jury one or more assessors may be appointed for the purpose of ascertaining the amount of compensation.

(3.) For the purpose of regulating the conditions and mode of appointment and remuneration of such assessors, and all matters of procedure relating to their duties, and also for the purpose of consolidating any actions under this Act in a county court, and otherwise preventing multiplicity of such actions, rules and regulations may be made, varied, and repealed from time to time in the same manner as rules and regulations for regulating the practice and procedure in other actions in county courts.

"County court" shall, with respect to Scotland, mean the "Sheriff's Court," and shall, with respect to Ireland,

mean the "Civil Bill Court."

In Scotland any action under this Act may be removed to the Court of Session at the instance of either party, in the manner provided by, and subject to the conditions prescribed by, section nine of the Sheriff Courts (Scotland) Act, 1877.

In Scotland the sheriff may conjoin actions arising out of the same occurrence or cause of action, though at the instance of different parties and in respect of different injuries.

7. Mode of serving notice of injury.] Notice in respect of an injury under this Act shall give the name and address of the person injured, and shall state in ordinary language the cause of the injury and the date at which it was sustained, and shall be served on the employer, or, if there is more than one employer, upon one of such employers.

The notice may be served by delivering the same to or at the residence or place of business of the person on whom it is to be served.

The notice may also be served by post by a registered letter addressed to the person on whom it is to be served at his last known place of residence or place of business; and, if served by post, shall be deemed to have been served at the time when a letter containing the same would be delivered in the ordinary course of post; and, in proving the service of such notice, it shall be sufficient to prove that the notice was properly addressed and registered."

Where the employer is a body of persons corporate or unincorporate, the notice shall be served by delivering the same at or by sending it by post in a registered letter addressed to the office, or, if there be more than one office, any one of the offices of such body.

A notice under this section shall not be deemed invalid by reason of any defect or inaccuracy therein, unless the judge who tries the action arising from the injury mentioned in the notice shall be of opinion that the defendant in the action is prejudiced in his defence by such defect or inaccuracy, and that the defect or inaccuracy was for the purpose of misleading.

8. Definitions. For the purposes of this Act, unless the context otherwise requires,—

The expression " 'person who has superintendence entrusted to him" means a person whose sole or principal duty is that of superintendence, and who is not ordinarily engaged in manual labour:

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The expression "employer" includes a body of personscorporate or unincorporate :

The expression "workman" means a railway servant and any person to whom the Employers and Workmen Act, 1875, applies.

9. Commencement of Act.] This Act shall not come into eight hundred and eighty-one, which date is in this Act operation until the first day of January one thousand referred to as the commencement of this Act.

10. Short title.] This Act may be cited as the Employers' Liability Act, 1880, and shall continue in force till the thirty-first day of December one thousand eight hundred and eighty-seven, and to the end of the then next Session of Parliament, and no longer, unless Parliament shall otherwise determine, and all actions commenced under this Act before that period shall be continued as if the said Act had not expired.

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1. Short title and construction.] This Act may be cited as the Merchant Shipping (Carriage of Grain) Act, 1880, and shall be construed as one with the Merchant Shipping Act, 1854, and the Acts amending the same, and together with those Acts may be cited as the Merchant Shipping Acts, 1854 to 1880.

2. Commencement of Act.] This Act shall come into operation on the first day of January one thousand eight hundred and eighty-one (which day is in this Act referred to as the commencement of this Act).

3. Obligation to take precautions to prevent grain cargo from

shifting.] Where a grain cargo is laden on any British ship all necessary and reasonable precautions (whether prescribed by this Act or not) shall be taken in order to prevent the grain cargo from shifting.

If such precautions have not been taken in the case of any such ship, the master of the ship and any agent of the owner who was charged with the loading of the ship or the sending her to sea, shall each be liable to a penalty not exceeding three hundred pounds, and the owner of the ship shall also all reasonable means to enforce the observance of this section, be liable to the same penalty, unless he shows that he took and was not privy to the breach thereof.

4. Precautions against shifting of grain cargo laden in port in Mediterranean or Black Sea or on coast of North America.] Where a British ship laden with a grain cargo at any port in the Mediterranean or Black Sea is bound to ports outside the Straits of Gibraltar, or where a British ship is laden with a grain cargo on the coast of North America, the following precautions to prevent the grain cargo from shifting shall be adopted; that is to say,

(a.) There shall not be carried between the decks, or, if the ship has more than two decks, between the main and upper decks, any grain in bulk, except such as may be necessary for feeding the cargo in the hold, and is carried in properly constructed feeders.

(b.) Where grain (except such as may be carried in properly constructed feeders) is carried in bulk in any hold or compartment, and proper provision for filling up the same by feeders is not made, not less than one-fourth of the grain carried in the hold or compartment (as the case may be) shall be in bags supported on suitable platforms laid upon the grain in bulk: Provided that this regulation with respect to bags shall not apply

(i.) To oats, or cotton seed; nor

(ii) To a ship which is a sailing ship of less than four hundred tons registered tonnage, and is not engaged in the Atlantic trade; nor

(iii.) To a ship laden at a port in the Mediterranean or Black Sea if the ship is divided into compartments which are formed by substantial transverse partitions, and are fitted with longitudinal bulkheads or such shifting boards as hereafter in this section mentioned, and if the ship does not carry more than one-fourth of the grain cargo, and not more than one thousand five hundred quarters, in any one compartment, bin, or division, and provided that each division of the lower hold is fitted with

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properly constructed feeders from the between decks;

nor

inspector appointed under the Merchant Shipping Act, 1854, and shall also have power to inspect any grain cargo, and the mode in which the same is stowed.

(iv.) To a ship in which the grain cargo does not exceed one-half of the whole cargo of the ship. and the rest 9. Prosecution of offences and recovery of penalties.] Every of the cargo consists of cotton, wool, flax, barrels or sacks of flour, or other suitable cargo so stowed as to offence punishable under this Act may be prosecuted sumprevent the grain, in any compartment, bin, or divi-marily, and every penalty under this Act may be recovered from shifting. and enforced summarily in like manner as offences and penalties under the Merchant Shipping Act, 1854, and the Acts amending the same.

(c.) Where grain is carried in the hold or between the decks, whether in bags or bulk, the hold or the space between the decks shall be divided by a longitudinal bulkhead or by sufficient shifting boards which extend from deck to deck or from the deck to the keelson and are properly secured, and if the grain is in bulk are fitted grain-tight with proper fillings between the beams.

(d.) In loading, the grain shall be properly stowed, trimmed, and secured.

In the event of the contravention of this section in the case of any ship, reasonable precautions to prevent the grain cargo of that ship from shifting shall be deemed not to have been taken, and the owner and master of the ship and any agent charged with loading her or sending her to sea shall be liable accordingly to a penalty under this Act.

Provided that nothing in this section shall exempt a person from any liability, civil or criminal, to which he would otherwise be subject for failing to adopt any reasonable precautions which, although not mentioned in this section, are reasonably required to prevent grain cargo from shifting.

5. Exemption from precautions specified in this Act for ships laden in Mediterranean or Black Sea, or on coast of North America.] The precautions required by this Act to be adopted by ships laden with a grain cargo at a port in the Mediterranean or Black Sea, or on the coast of North America, shall not apply to ships loaded in accordance with regulations for the time being approved by the Board of Trade; nor to any ship constructed and loaded in accordance with any plan approved by the Board of Trade.

6. Notice by master of kind and quantity of grain cargo.] Before a British ship laden with grain cargo at any port in the Mediterranean or Black Sea, bound to ports outside the Straits of Gibraltar, or laden with grain cargo on the coast of North America, leaves her final port of loading, or within forty-eight hours after leaving such port, the master shall deliver or cause to be delivered to the British consular officer, or, if it is in her Majesty's dominions, to the principal officer of Customs at that port a notice stating

(1.) The draught of water and clear side, as defined by section five of the Merchant Shipping Act, 1871, and section four of the Merchant Shipping Act, 1873, of the said ship after the loading of her cargo has been completed, at the said last port of loading;

(2.) And also stating the following particulars in respect to the grain cargo; namely,

(a.) The kind of grain and the quantity thereof, which quantity may be stated in cubic feet, or in quarters, or bushels, or in tons weight; and

(6.) The mode in which the grain cargo is stowed; and (c.) The precautions taken against shifting.

The master shall also deliver a similar notice to the principal collector or other proper officer of Customs in the United Kingdom, together with the report required to be made by the Customs Consolidation Act, 1876, on the arrival of the ship in the United Kingdom.

Every such notice shall be sent to the Board of Trade as soon as practicable by the officer receiving the same.

If the master fails to deliver any notice required by this section he shall be liable to a penalty not exceeding one hundred pounds: Provided always, that the Board of Trade may, by notice published in the London Gazette, or in such other way as it may deem expedient, exempt ships laden at any particular port or any class of such ships from the provisions of this section.

7. Penalty for false statement in notice.] Any master of a ship, who in any notice required by this Act wilfully makes any false statement or wilfully omits any material particular, shall be liable to a penalty not exceeding one hundred pounds.

8. Power of Board of Trade for enforcing of Act.] For the purpose of securing the observance of this Act, any officer having authority in that behalf from the Board of Trade, either general or special, shall have the same power as an

10. Definitions.] For the purposes of this Act

The expression "grain" means any corn, rice, paddy, pulse, seeds, nuts, or nut kernels.

The expression, "ship laden with a grain cargo," means a ship carrying 8 cargo of which the portion consisting of grain is more than one-third of the registered tonnage of the ship, and such third shall be computed where the grain is reckoned in measures of capacity at the rate of one hundred cubic feet for each ton of registered tonnage, and where the grain is reckoned in measures of weight, at the rate of two tons weight for each ton of registered tonnage.

11. Repeal of 39 & 40 Vicl. c. 80, s. 22.] Section twentytwo of the Merchant Shipping Act, 1876, is hereby repealed s from the commencement of this Act:

a Provided that any offence against that section committed before the commencement of this Act may be prosecuted, and the penalty recovered and enforced in like manner, as if the said section had continued to remain in force.

CAP. XLIV.

An Act to explain and amend Sections Seven, Thirteen, and Fourteen of the Relief of Distress (Ireland) Amendment Act, 1880. [7th September 1880.

CAP. XLV.

An Act to amend the Criminal Law as to Indecent Assaults on Young Persons. [7th September 1880.

Be it enacted, &c. :

1. Short title.] This Act may be cited for all purposes as the Criminal Law Amendment Act, 1880.

2. Consent of young person to be no defence.] It shall be no defence to a charge or indictment for an indecent assault on a young person under the age of thirteen to prove that he or she consented to the act of indecency.

3. Application of Act.] This Act shall not apply to Scotland. CAP. XLVI.

An Act to amend the Universities and College Estates Act, 1858. [7th September 1880.

CAP. XLVII.

An Act for the better protection of Occupiers of Land against injury to their Crops from Ground Game. [7th September 1880. Whereas it is expedient in the interests of good husbandry, and for the better security for the capital and labour invested by the occupiers of land in the cultivation of the soil, that further provision should be made to enable such occupiers to protect their crops from injury and loss by ground game:

Be it enacted, &c. :

1. Occupier to have a right inseparable from his occupation to kill ground game concurrently with any other person entitled to kill the same on land in his occupation.] Every occupier of land shall have, as incident to and inseparable from his occupation of the land, the right to kill and take ground game thereon concurrently with any other person who may be entitled to kill and take ground game on the same land: Provided that the right conferred on the occupier by this section shall be subject to the following limitations: (1.) The occupier shall kill and take ground game only by himself or by persons duly authorised by him in writing:

(a.) The occupier himself and one other person

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authorised in writing by such occupier shall be the only persons entitled under this Act to kill ground game with firearms;

(b.) No person shall be authorised by the occupier to kill or take ground game, except members of his household resident on the land in his occupation, persons in his ordinary service on such land, and any one other person bonâ fide employed by him for reward in the taking and destruction of ground game;

(c.) Every person so authorised by the occupier, on demand by any person having a concurrent right to take and kill the ground game on the land, or any person authorised by him in writing to make such demand, shall produce to the person so demanding the document by which he is author ised, and in default he shall not be deemed to be an authorised person.

2.) A person shall not be deemed to be an occupier of land for the purposes of this Act by reason of his having a right of common over such lands; or by reason of an occupation for the purpose of grazing or pasturage of sheep, cattle, or hurees, for not more than nine months.

(3.) In the case of moorlands, and uninclosed lands (not being arable lands) the occupier and the persons authorised by him shall exercise the rights conferred by this section only from the eleventh day of December in one year until the thirty-first day of March in the next year, both inclusive; but this provision shall not apply to detached portions of moorlands or uninclosed lands adjoining arable lands, where such detached portions of moorlands or uninclosed lands are less than twenty-five acres in extent.

2. Occupier entitled to kill ground game on land in his occupation not to divest himself wholly of such right.] Where the occupier of land is entitled otherwise than in pursuance of this Act to kill and take ground game thereon, if he shall give to any other person a title to kill and take such ground game, he shall nevertheless retain and have, as incident to and inseparable from such occupation, the same right to kill and take ground game as is declared by section one of this Act. Save as aforesaid, but subject as in section six hereafter mentioned, the occupier may exercise any other or more extensive right which he may possess in respect of ground game or other game, in the same manner and to the same extent as if this Act had not passed.

3. All agreements in contravention of right of occupier to destroy ground game void.] Every agreement, condition, or arrangement which purports to divest or alienate the right of the occupier as declared, given, and reserved to him by this Act, or which gives to such occupier any advantage in consideration of his forbearing to exercise such right, or imposes upon him any disadvantage in consequence of his exercising such right, shall be void.

4. Exemption from game licences.] The occupier and the persons duly authorised by him as aforesaid shall not be required to obtain a licence to kill game for the purpose of killing and taking ground game on land in the occupation of such occupier, and the occupier shall have the same power of selling any ground game so killed by him, or the persons authorised by him, as if he had a licence to kill game: Provided that nothing in this Act contained shall exempt any person from the provisions of the Gan Licence Act, 1870.

5. Saving clause.] Where at the date of the passing of this Act the right to kill and take ground game on any land is vested by lease, contract of tenancy, or other contract bona fide made for valuable consideration in some person other than the occupier, the occupier shall not be entitled under this Act, until the determination of that contract, to kill and take ground game on such land. And in Scotland when the right to kill and take ground game is vested by operation of law or otherwise in some person other than the occupier, the occupier shall not

be entitled by virtue of this Act to kill or take ground game during the currency of any lease or contract of tenancy under which he holds at the passing of this Act, or during the currency of any contract made bond fids for valuable consideration before the passing of this Act whereby any other person is entitled to take and kill ground game on the land.

For the purposes of this Aot, a tenancy from year to year, or a tenancy at will, shall be deemed to determine at the time when such tenancy would by law become determinable if notice or warning to determine the same were given at the date of the passing of this Act.

Nothing in this Act shall affect any special right of killing and taking ground game to which any person other than the landlord, lessor, or occupier may have become entitled before the passing of this Act by virtue of any franchise, charter, or Act of Parliament.

6. Prohibition of night shooting, spring traps above ground, or poison.] No person having a right of killing ground game under this Act or otherwise shall use any firearms for the purpose of killing ground game between the expiration of the first hour after sunset and the commencement of the last hour before sunrise; and no such person shall, for the purpose of killing ground game, employ spring trapa except in rabbit holes, nor employ poison; and any person acting in contravention of this section shall, on summary conviction, be liable to a penalty not exceeding two pounds.

7. As to non-occupier having right of killing game.] Where a person who is not in occupation of land has the sole right of killing game thereon (with the exception of such right of killing and taking ground game as is by this Act conferred on the occupier as incident to and inseparable from his occupation), such person shall, for the purpose of any Aot authorising 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 Aot.

8. Interpretation clause.] For the purposes of this ActThe words "ground game" mean hares and rabbits. 9. Exemption from penalties.] A person acting in accordance with this Aot shall not thereby be subject to any proceedings or penalties in pursuance of any law or statute.

10. Saving of existing prohibitions.] Nothing in this Act shall authorise 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.

11. Short title.] This Act may be cited for all purposes as the Ground Game Act, 1880.

CAP. XLVIII.

An Act to continue various expiring Laws.

[7th September 1880. Whereas the several Acts mentioned in column one of the schedule to this Act are, to the extent specified in column two of that schedule, limited to expire on the thirty-first day of December one thousand eight hundred and eighty:

And whereas it is expedient to provide for the continuance as in this Act mentioned of such Acts, and of the enactments amending the same:

Be it therefore enacted, &c. :

1. Short title.] This Act may be cited as the Expiring Laws Continuance Act, 1880.

2. Continuance of Acts in schedule.] The Acts mentioned in column one of the schedule to this Act, in so far as they are temporary in their duration, shall, to the extent in column two of the said schedule mentioned, be continued until the thirty-first day of December one thousand eight hundred and eighty-one, and any enactments amending or affecting the enactments continued by this Act shall, in so far as they are temporary in their duration, be continued in like manuer.

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4 & 5 Vict. c. 35. Copyhold, Inclosure, So much as relates to the appointment and Tithe Commissioners.

(4)

of and the period for holding office by
Commissioners and other officers.

4 & 5 Vict. c. 59. Application of Highway The whole Act. Rates to Turnpike Roads.

Amending Acts.

3 & 4 Vict. c. 91 (except ss. 18 and 23).

5 & 6 Vict. c. 68.

7 & 8 Vict. c. 47.

30 & 31 Vict. c. 60.

14 & 15 Vict. c. 53.
25 & 26 Vict. c. 73.

(5)

10 & 11 Vict. c. 32. Landed Property Improvement (Ireland).

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As to provisions continued by 21 & 22
Vict. c. 50.

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14 & 15 Vict. c. 104. Episcopal and Cap- The whole Act so far as it is not reitular Estates Management.

pealed.

17 & 18 Vict. c. 116.
21 & 22 Vict. c. 94.
22 & 23 Vict. c. 46.
23 & 24 Vict. c. 124.
31 & 32 Vict. c. 114, s. 10.

(9)

23 & 24 Vict. c. 19. Dwellings for Labour. The whole Act.

ing Classes (Ireland).

(10)

24 & 25 Vict. c. 109. Salmon Fisheries As to appointment of inspectors, s. 31. (England) Act.

(11)

25 & 26 Vict. c. 97. Salmon Fisheries As to the powers of Commissioners, &c. (Scotland).

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