38 Vict. c. 17. the local authority, and a licensee, or person registered under the act, upon payment of a fee of 18., and a government inspector and an officer appointed by any local authority for the purpose of the act, and an officer of police, without payment, are to be entitled at all reasonable times to inspect and take copies of or extracts from any register kept in pursuance of the 28th section. Provision in case of Death, &c. of Occupier of Store or Registered Premises.] By the 29th section, if the occupier of a store or registered premises dies or becomes bankrupt, or has his affairs liquidated by arrangement, or becomes mentally incapable, or otherwise disabled, the person carrying on the business of such occupier shall not be liable to any penalty or forfeiture under this act for carrying on the business and acting under the licence or registration during such reasonable time as may be necessary to allow him to obtain a store licence from, or to register with, the local authority, so that he otherwise conforms with the provisions of the act. VI. Application for a small Firework Factory Licence. By sect. 49, any person may apply for a small firework factory licence to the local authority at the time and place appointed by such authority, stating his name, address and calling, and the proposed site and construction of the factory, and the amount and description of explosive he proposes to have therein and in any building therein; and the local authority, as soon as practicable if the proposed site, construction of the factory and amount of explosive is in accordance with the order in council regulating small firework factories, grant to the applicant on payment of such fee, not exceeding 5s., as may be fixed by that authority, the licence applied for. Orders in Council as to small Firework Factories.] The same section provides for the making of orders in council regulating small firework factories. Renewal, &c. of Licence.] A small firework factory is to be valid only for the person named in it; and the provisions of the act with respect to the renewal, expiration and form of store licence and fees for such renewal, and to special rules for the regulation of persons managing or employed in or about stores, shall apply in like manner as if they were herein enacted, and in terms made applicable to small firework factory licences and small firework factories respectively. By sect. 48, a firework factory is not to be deemed a small firework factory if there is upon the same factory at the same time:— (a.) More than one hundred pounds of any explosive other than manufactured fireworks and coloured fires and stars; or (b.) More than five hundred pounds of manufactured fireworks, either finished or partly finished; or (c.) More than twenty-five pounds of coloured fires or stars, not 33 Vict. c. 17. made up into manufactured fireworks. The occupier of a small firework factory is not to be required to obtain a licence under Part I. of the act for such factory if he has obtained a licence from the local authority under this part of the act. VII. As to other Explosives. Provisions as to Gunpowder to apply to other Explosives.] Sect. 39 provides that, subject to the provisions thereafter contained, Part I. of the act relating to gunpowder is to apply to every other description of explosive, in like manner as if those provisions were herein re-enacted with the substitution of that description of explosive for gunpowder. The 3rd section Interpretation of the term "Explosives."] enacts, that the term "explosive"(1) Means gunpowder, nitro-glycerine, dynamite, gun-cotton, blasting powders, fulminate of mercury or of other metals, coloured fires, and every other substance, whether similar to those above mentioned or not, used or manufactured with a view to produce a practical effect by explosion or a pyrotechnic effect; and (2) Includes fog-signals, fireworks, fuzes, rockets, percussion caps, detonators, cartridges, ammunition of all descrip- VIII. Expenses of Local Authority. By sect. 70, "all expenses incurred by any local authority in carrying into effect the execution of this act, including the salary and expenses of any officer directed by them to act under this act, shall be paid out of the local rate. The local rate shall, for the purpose of this act, mean as follows: that is to say— In the city of London, the consolidated rate: In the metropolis (exclusive of the city of London), the consolidated rate as levied in the metropolis, exclusive of the city of London, and without any demand on such city: In a borough, the borough fund or borough rate: In a harbour, any monies, fund or rate applicable or leviable by the harbour authority for any harbour purposes: In any place where the justices in petty sessions are the local authority, the county rate; and In an improvement district, any fund, money or rate, applicable or leviable by the improvement commissioners for any purposes of improvement within their district; 38 Vict. c. 17. 31 & 32 Vict. c. 12. And the local rate, or any increase of the local rate, may, notwithstanding any limitation in any act, be levied for the purposes of this act." [For the Forms applicable to this subject, see Oke's "Formulist," 6th ed., pp. 156, 158.] FAIRS. There are two general acts as to fairs,-"The Fairs Act, 1868 " c. 51; 34 Vict. (31 & 32 Vict. c. 51), as to altering the days for holding fairs; and The Fairs Act, 1871" (34 Vict. c. 12), as to the abolition of fairs. The 31 & 32 Vict. c. 106, relates to fairs in the metropolitan police district. Justices' Representation to Home Secretary to alter Days for holding a Fair-Publication of Home Secretary's Order.] By 31 & 32 Vict. c. 51 (which recites, that "it is expedient to make provision to facilitate the alteration of the days upon which fairs are now held in England and Wales "), sect. 3, "in case it shall appear to the secretary of state for the home department, upon representation duly made to him by the magistrates of any petty sessional district within which any fair is held, or by the owner 45 of any fair in England or Wales,-that it would be for the convenience and advantage of the public that any such fair shall be held in each year on some day or days other than that or those on which such fair is used to be held, it shall be lawful for the said secretary of state for the home department to order that such fair shall be held on such other day or days as he shall think fit:-provided always, that notice of such representation, and of the time when it shall please the secretary of state for the home department to take the same into consideration, shall be published once in the London Gazette and in three successive weeks in some one and the same newspaper published in the county, city, or borough in which such fair is held, or if there be no newspaper published therein, then in the newspaper of some county adjoining or near thereto, before such representation is so considered." By sect. 4, "when and so soon as any such order as aforesaid shall have been made by the secretary of state for the home department, notice of the making of the same shall be published in the London Gazette and in some one newspaper of the county, city, or borough in which such fair is usually held, or if there be no newspaper published therein, then in the newspaper of some county adjoining or near thereto,-and thereupon such fair shall only be held on the day or days or at the place mentioned in such order; and it shall be lawful for the owner of such fair to take all such toll or tolls, and to do all such act or acts, and to enjoy all and the same rights, powers, and privileges in respect thereof, and enforce the same by all and the like remedies as if the same were held on the day or days upon which or at the place at which it was used to be held previous to 31 & 32 Vict. the making of such order." c. 51. Justices' Representation to Home Secretary to abolish Fair-Publi- 34 Vict. c. 12. cation of Home Secretary's Order.] By 34 Vict. c. 12 (which recites that "certain of the fairs held in England and Wales are unnecessary, are the cause of grievous immorality, and are very injurious to the inhabitants of the towns in which such fairs are held, and it is therefore expedient to make provision to facilitate the abolition of such fairs"), sect. 3, "in case it shall appear to the secretary of state for the home department, upon representation duly made to him by the magistrates of any petty sessional district within which any fair is held,--or by the owner 45 of any fair in England or Wales, that it would be for the convenience and advantage of the public that any such fair shall be abolished, it shall be lawful for the said secretary of state for the home department, with the previous consent in writing of the owner for the time being of such fair, or of the tolls or dues payable in respect thereof, to order that such fair shall be abolished accordingly :-provided always, that notice of such representation, and of the time when it shall please the secretary of state for the home department to take the same into consideration, shall be published once in the London Gazette, and in three successive weeks in some one and the same newspaper published in the county, city or borough in which such fair is held, or if there be no newspaper published therein, then in the newspaper of some county adjoining or near thereto, before such representation is so considered." By sect. 4, "When and so soon as any such order as aforesaid shall have been made by the secretary of state for the home department, notice of the making of the same shall be published in the London Gazette, and in some one newspaper of the county, city, or borough in which such fair is usually held, or if there be no newspaper published therein, then in the newspaper of some county adjoining or near thereto,-and thereupon such fair shall be abolished." FIRE BRIGADE OF THE METROPOLIS. Expenses of Brigade when employed beyond the Metropolis.] By 28 & 29 Vict. 28 & 29 Vict. c. 90, "The Metropolitan Fire Brigade Act, 1865," c. 90. sect. 30, the Metropolitan Board of Works, when occasion requires, may permit any part of the Fire Brigade Establishment, with their engines, escapes, and other implements, to proceed beyond the 45 Definition of "Owner."]-The term "owner" means any person or persons, or body of commissioners or body corporate, entitled to hold any fair, whether in respect of the ownership of any lands or tenements, or under any charter, letters patent, or act of parliament, or otherwise howsoever (31 & 32 Vict. c. 51, s. 2; 34 Vict. c. 12, s. 2). c. 90. 28 & 29 Vict. limits of the metropolis, 46 for the purpose of extinguishing fires. "In such case the owner and occupier of the property where the fire has occurred shall be jointly and severally liable to defray all the expenses that may be incurred by the fire brigade in attending the fire, and shall pay to the board a reasonable charge for the attendance of the fire brigade and the use of their engines, escapes and other implements. In case of difference between the board and the owner and occupier of such property, or either of them, the amount of the expenses, as well as the propriety of the fire brigade attending such fire (if the propriety thereof be disputed), shall be summarily determined by two justices [and an order made (s. 25)]. In default of payment, any expenses under this section may be recovered by the board in a summary manner" [also "before two justices in manner directed by the act 11 & 12 Vict. c. 43 (Vol. I. pp. 127, 128), or any act amending the same" (s. 24)]. 24 & 25 Vict. c. 109. FISH AND FISHERIES. Recovery of Damage occasioned to Dam by a Fish Pass.] The 24 & 25 Vict. c. 109, s. 23, after providing for the offences of damaging a fish pass, &c. (Offences 17-19, Vol. I. p. 422), which may be erected with the written consent of the Home Office, further provides, that if any injury is done to any dam by reason of the affixing of a fish pass in pursuance of this section, any person sustaining any loss thereby may recover compensation for such injury in a summary manner from the person or body of persons by whom such fish pass has been affixed," i. e. by sect. 35, under 11 & 12 Vict. c. 43, within six months (Vol. I. p. 135), being the same as for penalties; but 28 & 29 Vict. c. 121, s. 59, provides, that this compensation shall not be recovered unless the proceedings are instituted within two years after the time at which the fish pass was first affixed to the dam. Search Warrant for Salmon, Nets, &c.] By sect. 34, any justice, upon an information on oath that there is probable cause to suspect any breach of the provisions of this act to have been committed on any premises, or any salmon illegally taken, or any illegal nets or other engines to be concealed on any premises, may by warrant authorize and empower any inspector, water bailiff, conservator, constable or police officer to enter such premises for the purpose of detecting such offence, or such concealed fish, at such time or times, in the day or night, as in such warrant may be mentioned, and to seize all illegal engines, or any salmon illegally taken, that may be found on such premises;-provided that no such warrant shall con 46 The term "metropolis" is, by sect. 2, to mean the city of London and all other parishes and places for the time being within the jurisdiction of the Metropolitan Board of Works. See 18 & 19 Vict. c. 120, s. 250. |