33 CROWN LANDS ACT, 1906. [6 EDW. 7, CH. 28.] An Act to amend the Crown Lands Acts, 1829 to 1894. 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 :— Note.-Those sections only of this Act in which local authorities are interested, are reprinted here. Sect. 6.—(1) The Commissioners of Works may under and in accordance with the Crown Lands Acts, 1829 to 1894. convey to a bridge authority willing and able to accept such a conveyance any bridge under the management of the Commissioners and any land required for the purpose of widening or improving any bridge, either unconditionally or subject to such conditions and upon such terms as may be agreed upon between the Commissioners and the authority, anything in those Acts to the contrary notwithstanding. (2) For the purposes of this section the expression "bridge" includes the approaches to and abutments of a bridge, and the expression "bridge authority" means any local authority having the duty of the care and maintenance of bridges. Sect. 7.-(1) Notwithstanding anything in the Crown Lands Act, 1851, it shall be lawful for the Commissioners of Works and the Council of the borough of Richmond to enter into an agreement for the transfer from the Commissioners to the council of the control and management as open spaces of Richmond Green and Kew Green, and on the execution of such an agreement the Open Spaces Acts, 1877 to 1890, shall, subject to any conditions and reservations contained in the deed of transfer, apply as if the control and management of those greens had been transferred to the council under those Acts. Note.-The Open Spaces Acts, 1877 to 1890, have been repealed, and the enactments relating to open spaces consolidated by the Open Spaces Act, 1906 (6 Edw. 7, c. 25), post. (2) The Board of Agriculture and Fisheries and the said ccuncil may in like manner and with like effect enter into an D Power of Com Works to convey bridges. missioners of Power to transfer management of Kew Greens. Sec. 7 (2). agreement for the transfer to the council of the control and management of the land formerly part of Kew Green which lies between Kew Green and the north-west entrance to the Royal Botanic Gardens, but until such transfer the land shall for all purposes continue to be deemed to be part of those gardens. Short title and interpretation. Sect. II. This Act may be cited as the Crown Lands Act, 1906, and with the Crown Lands Acts, 1829 to 1894. Power of Board of Agriculture tɔ C. 57. DOGS ACT, 1906. [6 EDW. 7, CH. 32.] An Act to consolidate and amend the Enactments relating to injury to live stock by Dogs, and otherwise to amend the Law relating to Dogs. [4th August, 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: Note. This Act came into operation 1st January, 1907. Sections which do not affect the powers and duties of local authorities in England are not given below. The Dogs Order of 1906 and a Circular of the Board of Agriculture and Fisheries are printed to follow the Act. Sect. 2. (1) The Diseases of Animals Act, 1894, shall have effect as if, amongst the purposes for which the Board of Agriculture and Fisheries may make orders under section twenty-two of that Act, there were included the following purposes : (a) for prescribing and regulating the wearing by dogs, while in a highway or in a place of public resort, of a collar with the name and address of the owner inscribed on the collar or on a plate or badge attached thereto : (b) with a view to the prevention of worrying of cattle, for Sec. 2 (1). preventing dogs or any class of dogs from straying during all or any of the hours between sunset and sunrise. Notes.-So far as concerns and as affected by the foregoing provision, section 22 of the Act of 1894 runs as follows : "Sect. 22. The Board of Agriculture may make such orders as they think fit, subject and according to the provisions of this Act, for the following purposes or any of them: (a) for prescribing and regulating the wearing by dogs, while in a highway or in a place of public resort, of a collar with the name and address of the owner inscribed on the collar or on a plate or badge attached thereto : (b) with a view to the prevention of worrying of cattle, for preventing dogs or any class of dogs from straying during all or any of the hours between sunset and sunrise. (xxxiv.) for authorising a local authority to make regulations for any of the purposes of this Act or of an order of the Board subject to such conditions, if any, as the Board, for the purpose of securing uniformity and the due execution of the provisions of this Act, think fit to prescribe;" In addition, the orders may provide for the seizure of dogs as authorised by subsection (2) below. The Board of Agriculture and Fisheries are required in the case of every order made by them under the Act, to publish in the London Gazette a notice that the order has been made, and of the place where copies of the order may be obtained (57 & 58 Vict. c. 57, s. 49 (3) ). Every local authority must at their own expense publish every order of the Board, and every licence, or other instrument sent to them by the Board for publication, in such manner as the Board direct, and, subject to and in the absence of any direction, by advertisement in a newspaper circulating in the district of the local authority (s. 49 (4) ). The validity or effect of an order of the Board is not to be affected by want of or defect or irregularity in any publication thereof (s. 49 (5)). Every order of the Board has effect as if it had been enacted by the Act (s. 49 (2)). It is, therefore, for all purposes final and conclusive, and no question as to its validity can be raised-Baker v. Williams ([1898] 1 Q.B. 23; 66 L.J.Q.B. 880; 77 L.T. 495; 62 J.P. 21; 46 W.R. 64). The Board of Agriculture and Fisheries may alter or revoke any order of the Board (s. 49 (1)). The local authorities outside London under the Act of 1894, are--for a borough (except a borough which contained, according to the census of 1881, a population of less than 10,000) the town council; for the residue of each administrative county, the county council [57 & 58 Vict. c. 57, s. 3, and Local Government Act, 1888 (51 & 52 Vict. c. 41) s. 39]. A local authority can delegate their powers to a committee (57 & 58 Vict. c. 57, s. 31). A county council can also delegate to a district council or the justices in petty sessions (51 & 52 Vict. c. 41, s. 28). For the text of the Dogs Order of 1906 made in pursuance of the provisions of section 2, see immediately after this Act. (2) Orders under this section may provide that any dog in respect of which an offence is being committed against the orders, may be seized and treated as a stray dog. Power for Board of Agriculture to make orders for prevention or checking of discase, and other purposes. Sect. 3.—(1) Where a police officer has reason to believe Seizure of stray that any dog found in a highway or place of public resort is a dogs. Sec. 3 (1). stray dog, he may seize the dog and may detain it until the owner has claimed it and paid all expenses incurred by reason of its detention. (2) Where any dog so seized wears a collar having inscribed thereon or attached thereto the address of any person, or the owner of the dog is known, the chief officer of police, or any person authorised by him in that behalf, shall serve on the person whose address is given on the collar, or on the owner, a notice in writing stating that the dog has been so seized, and will be liable to be sold or destroyed if not claimed within seven clear days after the service of the notice. Note. The day of service of the notice is not reckoned in the seven daysRatcliffe v. Bartholomew ([1892] 1 Q. B. 161; 61 L. J. M. C. 63; 65 L. T. 677; 40 W. R, 63; 56 J, P, 262); Goldsmiths' Co. v, West Metropolitan Railway Co. ([1904] 1 K, B, 1 ; 52 W, R, 21 ; 68 J, P. 41), (3) A notice under this section may be served either (a) by delivering it to the person on whom it is to be served; or (b) by leaving it at that person's usual or last known place of abode, or at the address given on the collar; or (c) by forwarding it by post in a prepaid letter addressed to that person at his usual or last known place of abode, or at the address given on the collar. (4) Where any dog so seized has been detained for seven clear days after the seizure, or, in the case of such a notice as aforesaid having been served with respect to the dog, then for seven clear days after the service of the notice, and the owner has not claimed the dog and paid all expenses incurred by reason of its detention, the chief officer of police, or any person authorised by him in that behalf, may cause the dog to be sold or destroyed in a manner to cause as little pain as possible. (5) No dog so seized shall be given or sold for the purposes of vivisection. (6) The chief officer of police of a police area shall keep, or cause to be kept, one or more registers of all dogs seized under this section in that area which are not transferred to an establishment for the reception of stray dogs. The register shall contain a brief description of the dog, the date of seizure, and particulars as to the manner in which the dog is disposed of, and every such register shall be open to inspec- Sec. 3 (6). tion at all reasonable times by any member of the public on payment of a fee of one shilling. (7) The police shall not dispose of any dog seized under this section by transferring it to an establishment for the reception of stray dogs unless a register is kept for that establishment containing such particulars as to dogs received in the establishment as are above mentioned, and such register is open to inspection by the public on payment of a fee not exceeding one shilling. (8) The police officer or other person having charge of any dog detained under this section shall cause the dog to be properly fed and maintained. (9) All expenses incurred by the police under this section shall be defrayed out of the police fund, and any money received by the police under this section shall be paid to the account of the police fund. (10) In this section the expressions "police area," "chief officer of police," and "police fund" with respect to the City of London mean respectively the said City, the Commissioner of City Police, and the fund or rate applicable to the maintenance of police in the said City, and with respect to any other place have the meanings respectively assigned to them by the Police Act, 1890. Note.-The meanings of the expressions referred to are determined by section 33 and schedule 3 of the Act of 1890. Schedule 3 of the Act is as follows:— "POLICE AREAS AND AUTHORITIES. |