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holding such certificate (s. 13); a pedlar is to show his certificate 34 & 35 Vict. when demanded by a justice, &c. (s. 17), and he is not to prevent a
c. 96. constable from opening and inspecting his pack, &c. (s. 19). See offences and penalties in tit. “ Pedlars," Vol. I. pp. 658—660. Conviction of Pedlar to be indorsed on Certificate.] Sect. 14.
“ If any pedlar is convicted of any offence under this act, the court before which he is convicted shall indorse or cause to be indorsed on his certificate a record of such conviction. The indorsements made under this act on a pedlar's certificate shall be evidence of the facts stated therein.”
Deprivation by Justices of Pedlar's Certificate.] Sect. 16. “Any court before which any pedlar is convicted of any offence, whether under this or any other act, or otherwise, may, if he or they think fit, deprive such pedlar of his certificate ;—and any such court shall deprive such pedlar of his certificate if he is convicted of begging. [This should also be indorsed on the certificate if forthcoming, and the certificate sent to the officer of police who granted it.] Any court of summary jurisdiction may summon a pedlar holding a certificate under this act to appear before them, and if he fail to appear, or on appearance to satisfy the court that he is in good faith carrying on the business of pedlar, shall deprive him of his certificate.” [Production of certificate may be required by justices. See sect. 17, infra.]
Pedlar to show Certificate to certain Persons on Demand]. Sect. 17. "Any pedlar shall at all times, on demand, produce and show his certificate to any of the following persons; (that is to say,)-1. Any justice of the peace; or 2. Any constable or officer of police; or 3. Any person to whom such pedlar offers his goods for sale; or 4. Any person in whose private grounds or premises such pedlar is found; and allow it to be read and a copy thereof to be taken by such persons.” [Penalty on refusal, Offence 10, Vol. I. p. 660.]
Arrest of uncertificated Pedlar or Pedlar refusing to show his Certificate.] Sect. 18. “ Where a person acting as a pedlar either refuses to show his certificate or has no certificate, or refuses to allow or prevents or attempts to prevent any such opening or inspection of his pack, box, bag, trunk, or case as is authorized under this act, it shall be lawful for any of the persons authorized to demand the production of the certificate, and also for any other person acting by his order or at his request and in his aid, to apprehend such offender, and forthwith to convey or cause him to be conveyed before a justice of the peace ..
Police empowered to inspect Pedlar': Pack.] Sect. 19. “It shall be lawful for any constable or officer of police at any time to open and inspect any pack, box, bag, trunk, or case in which a pedlar carries his goods, wares, and merchandize.] Penalty on refusal, Offence 11, Vol. I. p. 662.]
34 & 35 Vict.
PETROLEUM. “The Petroleum Act, 1871,” 34 & 35 Vict. c. 105, repeals, by sect. 17, the Act of 1862, 25 & 26 Vict. c. 66, ss. 8, 9 of 29 & 30 Vict. c. 69, as to Dangerous Goods (as to which now see 32 & 33 Vict. c. 113, in tit. “Nitro-Glycerine,” and tit. “Dangerous Goods,") and * The Petroleum Act, 1868,” 31 & 32 Vict. c. 56; but continues in force only until the 31st of December, 1876, and to the end of the then next session of parliament (38 & 39 Vict. c. 72, s. 2, Sched.).
Grant of Licence for Storage of Petroleum by Local Authority or Justices.] By 34 & 35 Vict. c. 105, s. 7, "Save as hereinafter mentioned, after the passing of this act, petroleum to which this act applies 125 shall not be kept, except in pursuance of a licence given by such local authority as is in this act mentioned." [Penalty for contravening this section, Offence 1, Vol. I. p. 578,
125 Definition of “ Petroleum” and Application of Act.] by sect. 3, “for the purposes of this act the term “petroleum' includes any rock oil, Rangoon oil, Burmah oil, oil made from petroleum, coal, schist, shale, peat, or other bituminous substance, and any products of petroleum, or any of the above-mentioned oils ;-and the term “petroleum to which this act applies,' means such of the petroleum so defined as, when tested in manner set forth in schedule one to this act, gives off an inflammable vapour at a temperature of less than 100 degrees of Fahrenheit's thermometer. The schedule referred to is,"Directions for testing Petroleum to ascertain the Temperature at thich it
gives off inflammable Vapour. “The vessel which is to hold the oil shall be of thin sheet iron; it shall be two inches deep and two inches wide at the opening, tapering slightly towards the bottom ; it shall have a flat rim, with a raised edge one quarter of an inch high round the top; it shall be supported by this rim in a tin vessel four inches and a half deep and four and a half inches in diameter ; it shall also have a thin wire stretched across the opening, which wire shall be so fixed to the edge of the vessel that it shall be a quarter of an inch above the surface of the flat rim. The thermometer to be used shall have a round bulb about half an inch in diameter, and is to be graduated upon the scale of Fahrenheit, every ten degrees occupying not less than half an inch upon the scale. The inner vessel shall be filled with the petroleum to be tested, but care must be taken that the liquid does not cover the flat rim. The outer vessel shall be filled with cold, or nearly cold, water; a small flame shall be applied to the bottom of the outer vessel, and the thermometer shall be inserted into the oil so that the bulb shall be immersed about one and a half inches beneath the surface. A screen of pasteboard or wood shall be placed round the apparatus, and shall be of such dimensions as to surround it about two-thirds, and to reach several inches above the level of the vessels. When heat has been applied to the water until the thermometer has risen to about ninety degrees Fahrenheit, a very small flame shall be quickly passed across the surface of the oil on a level with the wire. If no pale blue flicker or flash is produced, the application of the flame is to be repeated for every rise of two or three degrees in the thermometer. When the flashing point has been noted, the test shall be repeated with a fresh sample of the oil, using cold, or nearly cold, water as before, withdrawing the source of heat from the outer vessel when the temperature approaches that noted in the first experiment, and applying the flame test at every rise of two degrees in the thermometer."
tit. “Petroleum ”]; but “ this section shall not apply to any petro- 34 & 35 Vict. leum kept either for private use or for sale, provided the following 6. 105. conditions are complied with :—(1.) That it is kept in separate glass, earthenware, or metal vessels, each of which contains not more than a pint, and is securely stopped: (2.) That the aggregate amount kept, supposing the whole contents of the vessels to be in bulk, does not exceed 3 gallons.” By sect. 8, “The following bodies shall respectively be the local authority to grant licences under this act in the districts hereinafter mentioned ; (that is to say,) (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 :
the jurisdiction of the Metropolitan Board of Works under
tioned, the Metropolitan Board of Works :
except as hereafter in this section mentioned, the mayor, aldermen and burgesses
acting by the council:
this section mentioned, within the jurisdiction of any
borough, the trustees or commissioners :
mentioned) within the jurisdiction of a local board con-
(8.) In any harbour within the jurisdiction of a harbour autho
rity, 126 whether situate or not within the jurisdiction of
126 Definition of "Harbour” and “Harbour Authority.”] By sect. 2, "the term 'harbour' means any harbour properly so called, whether natural or artificial, and any port, haven, estuary, tidal river, or other river, canal, or inland navigation navigated by sea-going ships, and any dock, pier, jetty, or other works in or at which ships do or can ship or unship goods or passengers : the term 'harbour authority' includes any persons or person being or claiming to be proprietors or proprietor of or intrusted with the duty or invested with the power of improving, maintaining, or managing any harbour.”
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 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. 106. under the hand of a secretary of state,
shall be to all intents as valid as if granted by the local authority.”
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.