Mode of serving notice of injury. Definitions. (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a County Court, and otherwise preventing multiplicity of such actions, rules and regulations may be made, varied, and repealed from time to time in the same manner as rules and regulations for regulating the practice and procedure in other actions in County Courts. 7. 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. 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 The expression "employer" includes a body of persons cor- The expression "workman" means a railway servant and any person to whom the Employers and Workmen Act, 1875, applies. 9. The Act comes into operation on the 1st January, 1881; Commenceand 10. Is to continue in force till 31st December, 1887, and to the end of the then next session in Parliament. ment of Act. CRIMINAL LAW AMENDMENT ACT, 1880. (7th September, 1880.) ass ult. 2. It shall be no defence to a charge or indictment for an indecent indecent assault on a young person under the age of thirteen to prove that he or she consented to the act of indecency. GROUND GAME ACT, 1880. 43 & 44 Vict. cap. 47. (7th September, 1880. and Occupier to kill have a right inseparable 1. Every occupier of land shall have, as incident to inseparable from his occupation of the land, the right to and take ground game thereon, concurrently with any other from his occuperson who may be entitled to kill and take ground game on the pation to kill ground game same land: Provided that the right conferred on the occupier concurrently by this section shall be subject to the following limitations : (1.) The occupier shall kill and take ground game only by to kill the himself or by persons duly authorised by him in writing : (a.) The occupier himself and one other person autho with any other person entitled same on land in his occupation. Occupier entitled to kill ground game (2.) A rised 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 authorised, and in default he shall be deemed to be not an authorised person. 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 horses 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. Where the occupier of land is entitled otherwise than in pursuance of this Act to kill and take ground game thereon, if on land in his he shall give to any other person a title to kill and take such occupation not to divest him- ground game, he shall nevertheless retain and have, as incident to self wholly of and inseparable from such occupation, the same right to kill such right. and take ground game as is declared by section 1 of this Act. Save as aforesaid, but subject as in section 6 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. contravention 3. Every agreement, condition, or arrangement which pur- Agreements in ports to divest or alienate the right of the occupier as declared, of right are given, and reserved to him by this Act, or which gives to such void. 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. from game 4. The occupier and the persons duly authorised by him as Exemption aforesaid shall not be required to obtain a licence to kill game licences. 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 Gun Licence Act, 1870. 5. Where at the date of the passing of this Act the right Saving clause. 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. For the purposes of this Act, 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 or 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. Prohibition of night shooting, spring traps above ground, or poison. As to nonoccupier having right of killing game. Interpretation clause. Saving of existing prohibitions. 6. 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 traps 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. 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 Act 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 Act. 8. For the purposes of this Act The words "ground game" mean hares and rabbits. 10. 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. THE END. |