A.D. 1924. he would have been liable to suffer death the provisions of section one hundred and three of that Act shall continue to apply as though this Act had not been passed.

8 Edw. 7. c. 67. Savings.

Application

3.-(1) Nothing in this Act shall affect His Majesty's prerogative of mercy.

(2) Nothing in this Act shall take away or diminish any liability under the enactments for the time being in force relating to the government of His Majesty's naval, military or air forces, which would have been incurred if this Act had not been passed.

4. This Act shall apply to Scotland, subject to the to Scotland. modification that the second proviso to section one shall not apply.

Restriction on extent. Repeals.

Provision with respect to pending proceedings.

Short title.

5. This Act shall not apply to Northern Ireland.

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6. The enactments mentioned in the schedule to 15 this Act are hereby repealed to the extent stated in the third column of that schedule.

7. This Act shall not apply where proceedings have been instituted before the passing of this Act.

8. This Act may be cited as the Abolition of Capital 20 Punishment Act, 1924.

A

BILL

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10

ΤΟ

Secure to the public the right of access to
mountains and moorlands.

WH

HEREAS it is desirable to secure to the public the right of free access to uncultivated mountain and moor land, subject to proper provisions for preventing any abuse of such right:

Be it therefore 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.D. 1924.

Persons not to

1. This Act may be cited as the Access to Mountains Short title Act, 1924, and shall come into operation on the first day and comof January one thousand nine hundred and twenty-five. mencement. 2. Subject to the provisions hereinafter contained, no owner or occupier of uncultivated mountain or moor 15 land shall be entitled to exclude any person from walking or being on such land for the purposes of recreation or scientific or artistic study, or to molest him in so walking creation, &c. or being.

be prevented from walking on mountain

land for pur

poses of re.

3. In any action or other proceeding at the instance Defences in 20 of any owner or occupier of uncultivated mountain or proceedings moor land, founded on alleged trespass, it shall be a for trespass. sufficient defence that the lands referred to were uncultivated mountain or moor land, that the defendant entered thereon only for the purposes of recreation or of scientific 25 or artistic study, and that no special damage resulted from the alleged trespass.

A.D. 1924.

Saving as to persons going on land for

other

purposes,

&c.

Saving as

to parks and pleasure grounds.

4. Nothing in this Act shall prevent any person from being excluded from any land from which he could, if this Act had not been passed, have been lawfully excluded, or shall enable any defence to be raised which cannot now be raised, in any of the following cases :

(a) Where any person goes upon land in pursuit of game or other wild birds, or for the purpose of taking eggs, or accompanied by a dog or carrying fire-arms.

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(b) Where any person encamps on any land, or lights 10 any fire, or does any damage to the surface of land or to any trees growing thereon, or to any buildings, fences, or other erections thereon.

(c) Where any person destroys or removes the roots of any plant or shrub.

(d) Where any person so disturbs any sheep or cattle as to cause damage to their owner.

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(e) Where any person goes on land with any malicious intent, or wantonly disturbs or annoys any person engaged on such land in any lawful 20 occupation.

5. Nothing in this Act shall apply

(a) To any land actually occupied and enjoyed as a park or pleasure ground in connexion with and in proximity to a dwelling-house.

(b) To any plantation of young trees.

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