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Judgment Summons.

9. No order of commitment under the Debtors Act, 1869, shall 38 & 39 Vict. be made unless a summons to appear and be examined on oath, c. 90. hereinafter called a judgment summons, shall have been personally served upon the judgment debtor, which service when made out of the district shall be proved by affidavit.

10. A judgment summons may issue although no distress warrant has been applied for.

11. Every judgment summons shall be according to the form in the schedule, and be served not less than two clear days from the day on which the judgment debtor is required to appear, except the judgment debtor is stated to be about to remove, or is keeping out of the way to avoid service.

12. The hearing of a judgment summons may be adjourned from time to time.

13. Any witness may be summoned to prove the means of the judgment debtor, in the same manner as witnesses are summoned to give evidence upon the hearing of a plaint.

14. An order of commitment made under the Debtors Act, 1869, shall be according to the form in the schedule, and shall on whatever day it may be issued bear date on the day on which the order for commitment was made, and shall continue in force for one year from such date, and no longer.

15. When an order of commitment for non-payment of money is issued, the defendant may at any time before his body is delivered into the custody of the gaoler, pay to the officer holding such order the amount indorsed thereon, as that on the payment of which he may be discharged; and on receiving such amount the officer shall discharge the defendant and shall forthwith pay over the amount to the clerk of the court.

16. The sum indorsed on the order of commitment as that upon payment of which the prisoner may be discharged, may be paid to the clerk of the court from which the commitment order was issued, or to the gaoler in whose custody the prisoner is. Where it is paid to the clerk he shall sign and seal a certificate of such payment, and upon receiving such certificate by post or otherwise the gaoler in whose custody the prisoner shall then be shall forthwith discharge such prisoner. And where it is paid to the gaoler, he shall, upon payment to him of such amount together with costs sufficient to pay for transmitting by post office order or otherwise, such amount to the court under the order of which the prisoner was committed, sign a certificate of such payment, and discharge the prisoner.

17. A certificate of payment by a prisoner shall be according to the form in the schedule.

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Matters to be done in Petty Sessions, &c. [PART III.

18. All costs incurred by the plaintiff in endeavouring to enforce an order shall be deemed to be due in pursuance of such order, under sect. 5 of the Debtors Act, 1869, unless the court shall otherwise order.

Costs.

19. The costs to be paid in the first instance by any person seeking the assistance of the court, shall be those contained in the schedule B. to these rules annexed.

20. The court may in its discretion allow any party in respect of any expense he may have incurred in the employment of a solicitor any sum not exceeding 10s. where the sum claimed exceeds 408., and not exceeding 158. where it exceeds £5.

Forms.

21. The forms given in the schedule shall be used with such variations as may be necessary to meet the circumstances of each court.

13th August, 1875.

CAIRNS, C.

The forms to be used under the act will be found in Oke's "Formulist," 6th ed., pp. 766-774.

By a note at the foot of Form 1 it is declared that, that and all other summonses issued under "The Employers and Workmen Act, 1875," may be signed by the clerk to the justices, where such justices shall by a general direction authorize their clerks to sign them in lieu of one of themselves.

EXCISE.

Complaints of Overcharge by Excise.] These may be made to justices (4 & 5 Will. 4, c. 51, s. 27); and an appeal is allowed to quarter sessions from their determination by 28 & 29 Vict. c. 96, s. 25, where the sum in dispute does not exceed £50.

Spirits and Licence.] Three justices may grant a certificate that applicant for a licence, to keep or use a still for making or distilling spirits, is a person of good character, and that the premises are of the yearly value of £10 (23 & 24 Vict. c. 114, s. 9). If the commissioners refuse to grant the licence, they are to state the grounds in writing to the justices (s. 10).

Upon oath made of grounds to suspect any private, concealed still or private distillation, a justice may grant a warrant to break open the suspected house and to seize such stills, spirits, &c. (s. 48).

A justice upon information upon oath that spirits are kept and disposed of in any gaol, &c. may enter and search, or authorize by warrant any constable to enter and seize the same (s. 194).

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EXPLOSIVE SUBSTANCES.

The Explosives Act, 1875" (38 Vict. c. 17), is now the statute 38 Vict. c. 17. which regulates the manufacture, keeping and transmission of explosive substances; and with the view of ensuring the convenience and safety of the public, the local authorities are armed with certain powers of a highly beneficial character. It will be convenient to consider the subject under the following heads:

I. The Local Authority and their General Powers.

II. Applications for and Grant of Licences for Factory or Maga

zine.

III. Application for a Licence for a Gunpowder Store.

IV. Application for Registration of Premises for keeping Gunpowder.

V. Registration of Store Licences and Registered Premises.

VI. Application for a small Firework Factory Licence.

VII. As to other Explosives.

VIII. Expenses of Local Authority.

I. The Local Authority and their General Powers.

By sect. 67 the local authority for the purposes of the act are to be

(1) In the city of London, except as hereafter in this section
mentioned, the Court of the Lord Mayor and Aldermen of
the said city; and

(2) In the Metropolis (that is, in places for the time being within
the jurisdiction of the Metropolitan Board of Works under
"The Metropolis Management Act, 1855,"), except the
city of London, and except as hereafter in this section
mentioned, the Metropolitan Board of Works; and
(3) In any borough in England which is not assessed to the
county rate of any county by the justices of such county,
except as hereafter in this section mentioned, the mayor,
aldermen and burgesses acting by the council; and
(4) In any harbour within the jurisdiction of a harbour autho-
rity, whether situate or not within the jurisdiction of any
local authority before in this section mentioned, the har-
bour authority to the exclusion of any other local
authority; and

(5) In any place in which there is no local authority as before in
this section defined, the justices in petty sessions as-
sembled.

Power of certain Local Bodies to become a Local Authority.] The 68th section enables the council of any borough which is assessed to the county rate of any county, and the commissioners of any

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38 Vict. c. 17. improvement district, by an order of a secretary of state upon their application, to become a local authority for the purposes of this act.

Duty of Local Authority and Power of Officer.] The 69th section enacts that, "It shall be the duty of every local authority to carry into effect within their jurisdiction the powers vested in them under the act, and powers are conferred upon any officer of the local authority to enter, inspect and take samples from any premises within the operation of the act.

Power of Local Authority to provide Carriages and Magazines.] By sect. 71, every harbour authority and canal company, in addition to any other powers, is to have power to provide carriages, ships and boats for the conveyance, loading or unloading of an explosive within the jurisdiction of such authority or company, and may charge a reasonable sum, fixed by a bye-law, for the use of such carriage, ship or boat.

Provision of Magazines by Local Authority.] The 72nd section contains provisions for enabling certain local authorities to erect magazines, and for acquiring land for the purpose.

II. Applications for and Grant of Licences for Factory or Magazine. Gunpowder to be manufactured only at a Factory lawfully existing or licensed under this Act.] The 4th section enacts that the manufacture of gunpowder shall not, nor shall any process of such manufacture, be carried on except at a factory for gunpowder either lawfully existing or licensed for the same under this act: Provided that nothing in this section is to apply to the making of a small quantity of gunpowder for the purposes of chemical experiment and not for practical use or for sale.

Gunpowder (except for private use) to be kept only in existing or new Magazines or Store, or in Registered Premises.] The 5th section enacts that gunpowder shall not be kept at any place except as follows: that is to say

(1) Except in the factory (either lawfully existing or licensed for
the same under this act) in which it is manufactured; or
(2) Except in a magazine or store for gunpowder either lawfully
existing or licensed under this act for keeping gun-
powder; or

(3) Except in premises registered under this act for keeping
gunpowder.

Provided that this section shall not apply.

(1) To a person keeping for his private use and not for sale gunpowder to an amount not exceeding on the same premises thirty pounds; or

(2) To the keeping of any gunpowder by a carrier or other person

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for the purpose of conveyance, when the same is being con- 38 Vict. c. 17.
veyed or kept in accordance with the provisions of this act
with respect to the conveyance of gunpowder.

Application for a Licence for a new Factory or Magazine.] An applicant for a licence, before he can obtain the same from the local authority, must submit to the secretary of state a draft of a licence, accompanied by a plan of the proposed factory or magazine and the site thereof, and it is to embody the terms which the applicant proposes to have inserted in the licence, and in the particulars the various matters set out in different sub-sections of the 6th section. The secretary of state, after examination of the proposal, may reject the application altogether, or he may approve of the draft licence, with or without modification or addition, and grant to the applicant permission to apply to the local authority for their assent to the establishment of the factory or magazine on the proposed site. Application for Assent of Local Authority to Site of new Factory or Magazine.] By sect. 7, the local authority, upon application being made for their assent to the establishment of a new factory or magazine on the proposed site, are to cause notice to be published by the applicant, in manner directed by the act, of the application and of the time and place at which they will be prepared to hear the applicant; and any person objecting to such establishment, who have not less than seven clear days before the day of hearing sent to the clerk of the local authority and to the applicant of their intention to appear and object, with their name, address and calling, and a short statement of the grounds of their objection.

Upon the hearing of the application, or any adjournment thereof, the local authority may dissent altogether from the establishment of such new factory or magazine on the proposed site, or assent thereto either absolutely or on any conditions requiring additional restrictions or precautions.

Where the site of the proposed factory or magazine is situate within or within one mile of the limits of the jurisdiction of any urban sanitary authority, or of any harbour authority, the applicant is to serve on such authority, if they are not the local authority, notice of the application, and of the time and place of hearing fixed by the local authority. The notices are to be published and served by the applicant not less than one month before the hearing.

The local authority are to fix the time and place of hearing as soon as practicable after application made to them, and the time so fixed is to be as soon as practicable after the expiration of the said month from the publication and service of the notices by the applicant, and their final decision is to be given as soon as practicable after the expiration of such month.

The place so fixed is to be situate within the jurisdiction of the

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