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34 & 35 Vict. c. 105.

harbour authority, to the exclusion of any other local authority:

(9.) In any place in which there is no local authority as before in this section defined, in England .. the justices in petty sessions assembled . . ." [Vide Forms of

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Application for, and Licence, Oke's "Formulist," 6th ed. p. 879.]

Mode of granting Licences.] Sect. 9. "Licences in pursuance of this act shall be valid if signed by two or more of the persons constituting the local authority, or executed in any other way in which other licences, if any, granted by such authority are executed. Licences may be granted for a limited time and may be subject to renewal or not in such manner as the local authority think necessary. There may be annexed to any such licence such conditions as to the mode of storage, the nature and situation of the premises in which, and the nature of the goods with which petroleum to which this act applies is to be stored, the facilities for the testing of such petroleum from time to time, the mode of carrying such petroleum within the district of the licensing authority, and generally as to the safe keeping of such petroleum as may seem expedient to the local authority. Any licensee violating any of the conditions of his licence shall be deemed to be an unlicensed person. [See Offence 4, Vol. I. p. 664.] There may be charged in respect of each licence granted in pursuance of this act such sum, not exceeding five shillings, as the local authority may think fit to charge."

In case of Refusal of Licence, the Applicant may memorialize the Secretary of State.] Sect. 10. "If on any application for a licence under this act the local authority refuse the licence, or grant the same only on conditions with which the applicant is dissatisfied, the local authority shall, if required by the applicant, deliver to him in writing under the hand or hands of one or more of the persons constituting the local authority, a certificate of the grounds on which they refused the licence or annexed conditions to the grant thereof. The applicant within ten days from the time of the delivery of the certificate may transmit the same to a secretary of state if the application is for a licence in England . . . together with a memorial, praying that notwithstanding such refusal the licence may be granted, or that the conditions may not be imposed, or may be altered or modified in such manner and to such extent as may be set forth in such memorial. It shall be lawful for the secretary of state ... if he think fit, on consideration of such memorial and certificate, and, if he think it necessary or desirable, after due inquiry and a report by such person as he may appoint for that purpose, to grant the licence prayed for, either absolutely or with such conditions as he thinks fit, or to alter or modify the


conditions imposed by the local authority;-and the licence so 34 & 35 Vict. granted, or altered and modified, as the case may be, when certified c. 105. under the hand of a secretary of state, intents as valid as if granted by the local authority."

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shall be to all

Harbour Authority to make Bye-laws as to Ships carrying Petroleum.] By sect. 4, "Every harbour authority [see definition in Note 126] shall frame and submit for confirmation to the board of trade bye-laws for regulating the place or places at which ships [i. e. "every description of vessel used in navigation, whether propelled by oars or otherwise" (s. 3)] carrying petroleum to which this act applies are to be moored in the harbour over which such authority has jurisdiction, and are to land their cargo, and for regulating the time and mode of, and the precautions to be taken on, such landing. The harbour authority shall publish the byelaws so framed with a notice of the intention of such authority to apply for the confirmation thereof. The board of trade may confirm such bye-laws with or without any omission, addition, or alteration, or may disallow the same. Every such bye-law when confirmed shall be published by the harbour authority, and may be from time to time altered or repealed by a bye-law made in like manner. Bye-laws under this section shall be published in such manner as the board of trade may from time to time direct. If at any time it appears to the board of trade that there is no bye-law for the time being in force under this section in any harbour the board of trade may, by notice, require the harbour authority of such harbour to frame and submit to them a bye-law for the purposes of this section, and if such harbour authority make default in framing a bye-law and obtaining the confirmation thereof within the time limited by such notice the board of trade may make a bye-law for the purposes of this section, and such bye-law shall have the same effect as if it had been framed by the harbour authority and confirmed by the board of trade." [See Offence 1, Vol. I. p. 662, tit. "Petroleum," for penalty on contravention of such bye-laws, and Mem. to the offence as to power of harbour authority to remove ship.] By sect. 5, "The owner or master of every ship carrying a cargo, any part of which consists of petroleum, to which this act applies, on entering any harbour within the United Kingdom, shall give notice of the nature of such cargo to the harbour master having jurisdiction over such harbour." [Penalty for not giving the notice, see Offence 2, Vol. I. p. 663.]

Labels on Vessels containing Petroleum.] Sect. 6 contains provisions hereon, and is set out in Note 326, Vol. I. p. 580, and Offence 3, Id. p. 664.

Refusing Information and obstructing Officer of Local Authority.] Sect. 12; see Offences 5, 6, Vol. I. p. 664.


34 & 35 Vict. c. 105.

Testing of Petroleum by Officer of Local Authority.] By sect. 11, "Any officer authorized by the local authority may purchase any petroleum from any dealer in it, or may, on producing a copy of his appointment, purporting to be certified by the clerk or some member of the local authority, or producing some other sufficient authority, require the dealer to show him every or any place, and all or any of the vessels in which any petroleum in his possession is kept, and to give him samples of such petroleum on payment of the value of such samples. When the officer has by either of the means aforesaid taken samples of petroleum, he may declare in writing to the dealer that he is about to test the same, or cause the same to be tested, in manner set forth in schedule one to this act [see Note 125, ante, p. 1532, and Beck v. Stringer, 40 L. J. (N. S.) M. C. 174; 25 Law T., N. S. 122],-and it shall be lawful for him to test the same or cause the same to be tested, at any convenient place at such reasonable time as he may appoint, and the dealer or any person appointed by him may be present at the testing,-and if it appear to the officer or other person so testing that the petroleum from which such samples have been taken is petroleum to which this act applies, such officer or other person may certify such fact, and the certificate so given shall be receivable as evidence in any proceedings that may be taken against a dealer in petroleum in pursuance of this act ;-but it shall be lawful for a dealer proceeded against to give evidence in proof that such certificate is incorrect, and thereupon the court before which any such proceedings may be taken may, if such court think fit, appoint some person skilled in testing petroleum to examine the samples to which such certificate relates, and to declare whether such certificate is correct or incorrect. Any expenses incurred in testing any petroleum of such dealer in pursuance of this section shall, if such dealer be convicted of keeping, sending, conveying, selling, or exposing for sale, petroleum in contravention of this act [Offence 4, Vol. I. p. 664], be deemed to be a portion of the costs of the proceedings against him, and shall be paid by him accordingly. In any other event such expenses shall be paid by the local authority out of any funds for the time being in their hands, and, in case the local authority are the justices, out of the county rate."

Search Warrant for Petroleum.] By sect. 13, "Where any court of summary jurisdiction 127 is satisfied by information on oath that there is reasonable ground to believe that any petroleum to which this act applies is being kept, sent, conveyed, or exposed for

127 Definition of "Court of Summary Jurisdiction."] By sect. 2, "the term court of summary jurisdiction' means and includes any justice or justices of the peace, sheriff, or sheriff substitute, metropolitan police magistrate, stipendiary or other magistrate, or officer, by whatever name called, to whom jurisdiction is given by the Summary Jurisdiction Acts [as to England, the 11 & 12 Vict, c. 43] or any acts therein referred to,

sale within the jurisdiction of such court in contravention of this act, at any place, whether a building or not, or in any ship or vehicle, such court shall grant a warrant by virtue whereof it shall be lawful for any person named in such warrant to enter the place, ship, or vehicle named in such warrant, and every part thereof, and examine the same and search for petroleum therein, and take samples of any petroleum found therein, and if any petroleum to which this act applies be found therein, which is kept, sent, conveyed, or exposed for sale, in contravention of this act, to seize and remove such petroleum, and the vessel containing the same, and to detain such petroleum and vessel until some court of summary jurisdiction has determined whether the same are or not forfeited, the proceedings for which forfeiture shall be commenced forthwith after the seizure. Any person seizing any petroleum to which this act applies in pursuance of this section shall not be liable to any suit for detaining the same, or for any loss or damage incurred in respect of such petroleum, otherwise than by any wilful act or neglect while the same is so detained. If any petroleum to which this act applies is seized in pursuance of this section in any ship or vehicle, the person seizing the same may use for the purposes of the removal thereof, during twenty-four hours after the seizure, the said ship or vehicle, with the tackle, beasts and accoutrements belonging thereto, and if he do so shall pay to the owner thereof a reasonable recompense for the use thereof,-and the amount of such recompense shall, in case of dispute, be settled by the court of summary jurisdiction before whom proceedings for the forfeiture are taken, and may be recovered in like manner as penalties under this act may be recovered." [See recovery and penalty for refusing to admit officer, &c., Offence 7, Vol. I. p. 664.]

Order in Council may apply Act to other Substances.] By sect. 14, Her Majesty may from time to time make, revoke, and vary orders in council directing this act, or any part thereof, to apply to any substance, and this act, or the part thereof specified in the order, shall, during the continuance of the order, apply to such substance,

34 & 35 Vict.

c. 105.

or to proceedings before whom the provisions of the summary Jurisdiction Acts are or may be made applicable."

By sect. 15, sub-s. 3, "the court of summary jurisdiction, when hearing and determining an information or complaint, shall be constituted in some one of the following manners; (that is to say), (a) In England, either of two or more justices of the peace in petty sessions sitting at a place appointed for holding petty sessions, or of one of the magistrates hereinafter mentioned, sitting alone or with others at some court or other place appointed for the administration of justice; that is to say, the lord mayor, or any alderman of the city of London, a metropolitan police magistrate, a stipendiary magistrate, or some other officer or officers for the time being empowered by law to do alone or with others any act authorized to be done by more than one justice of the peace."

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and shall be construed and have effect as if throughout it such sub-
stance had been included in the definition of petroleum to which
this act applies [see Note 125, ante, p. 1532], subject to the following

"(1) The quantity of any substance to which this act is directed
by order in council to apply, which may be kept without a
licence, shall be such quantity only as is specified in that
behalf in such order,—or if no such quantity is specified,
no quantity may be kept without a licence:
"(2) The label on the vessel containing such substance shall be
such as may be specified in that behalf in the order,"


c. 89.

25 & 26 Vict.
c. 63, s. 13.

10 & 11 Vict.


The same provisions of "The Merchant Shipping Act, 1854," as stated under the title "Fishing Boats," ante, apply to "Sea-going Ships being Pleasure Yachts."


"The Town Police Clauses Act, 1847," 10 & 11 Vict. c. 89, the extent of which is shown in Note 384, Vol. I. p. 672, provides for several matters being heard and determined before justices, viz.:Any justices may swear in any person appointed as a constable under this and the special act (s. 8). See sects. 6 and 7 as to their appointment. 129 The duties of constables are directed by sects. 14, 15, 24, 25, and their power to take recognizances by sects. 17, 18, 19. A justice may issue his warrant to search for accoutrements of constables refused to be given up (s. 11).

Difference between commissioners and the owners of lands or buildings as to expenses for use of fire police, out of limits of the special act, to be determined by two justices, and recoverable as damages (s. 33).

A justice may determine complaints for refusal to deliver up licences for drivers of hackney carriages, and award compensation to driver by the proprietor (s. 49).

Sum paid beyond the proper fare for hire of hackney carriage recoverable back before one justice (s. 55).

Proprietor to pay compensation for damage caused by his driver's offence and may recover the same from the driver as damages (s. 63). [Forms, Nos. 1-8, Oke's "Formulist," 6th ed. p. 880.]

128 The Local Board under "The Public Health Act, 1875," may execute certain of the provisions of this act.

129 As to these constables, see now the County Police Act, 19 & 20 Vict. c. 69, ss. 18, 19, ante, p. 1366.

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