« EdellinenJatka »
10 & 11 Vict. Differences respecting mode of laying open streets, sewers, &c. to c. 17.
be determined by two justices (s. 31).
Expenses of reinstating streets, &c. opened to be recorered as damages (s. 34); see infra.
Disagreement between commissioners and the undertakers as to rates and terms of supplying water for cleansing sewers, watering streets, &c., to be settled by two justices (s. 37).
Difference of opinion as to proper position or number of fire plugs to be settled by two justices (s. 38).
Dispute as to charge for pipes supplied to occupiers to be settled by two justices (s. 44).
Dispute as to strength and material of service pipes laid by owners and occupiers themselves to be settled by two justices (s. 48), as well as to the manner in which such pipes shall communicate with the public pipes (s. 49).
Expenses of examination as to the fouling of the water by gas, and the injury done to the water, to be ascertained and recovered as damages (s. 67); see infra.
Dispute as to value of premises supplied with water to be determined by two justices (s. 68).
Water rates under 201. to be recovered as damages (s. 74).
Recorery of Damages.] Damages are to be ascertained and recovered as under the 8 & 9 Vict. c. 20 (s. 85). See tit. “Railways,"
ante, pp. 1512, 1573. 26 & 27 Vict.
Dangerous Reservoirs.] Two justices may inquire into complaints c. 93.
of dangerous state of reservoirs (s. 3), and order immediate repair
WEIGHTS AND MEASURES. Appointment of Inspector.] The appointment of inspectors of weights and measures in counties is with the county quarter sessions (41 & 42 Vict. c. 49, s. 43). In municipal boroughs, incorporated under 5 & 6 Will. 4, c. 76, to which a separate court of quarter sessions has been granted (or having a separate commission of the peace, 24 & 25 Vict. c. 75, s. 6], the town council have that power (22 & 23 Vict. c. 56, s. 4).
Justice or Inspector may enter Shops and examine Weights, &c.] By the 41 & 42 Vict. c. 49, s. 48, “every inspector under this act authorized in writing under the hand of a justice of the peace, also every justice of the peace, may at all reasonable times inspect all weights, measures, scales, balances, steelyards and weighing machines within his jurisdiction which are used or in the possession
of any person, or on any premises for use for trade, and may com- 5 & 6 Will. 4, pare every such weight and measure with some local standard,
and may seize and detain any weight, measure, scale, balance, or steelyard, which is liable to be forfeited in pursuance of this act, and may for the purpose of such inspection enter any place, whether a building or in the open air, whether open or inclosed, where he has reasonable cause to believe that there is any weight, measure, scale, balance, steelyard, or weighing machine which he is authorized by this act to inspect.” See Note 487, Vol. I. pp. 836, 837. A general authority to the inspector is sufficient, and it is not necessary that he should also have a special authority upon each particular occasion (Hutchings v. Reeves, 11 L. J. (N. S.) M. C. 109; 2 Mees. & W. 747; Kershaw v. Johnson, 1 Car. & K. 329).
WORKSHOPS REGULATION. Fan to be used in Grinding.] By sect. 8 of "The Workshop Regu- 30 & 31 Vict. lation Act, 1867,” the justices having authority to inflict a penalty c. 146. under this act may, in addition to or instead of inflicting the penalty for failing to provide a fan, &c. in compliance with order of inspector of factories, make an order directing that within a certain time to be named in such order the occupier of any workshop, where grinding glazing, or polishing on a wheel, or any other process is carried on by which dust is generated and inhaled by the workmen to an injurious extent, do provide a fan or other mechanical means approved by the home secretary for preventing such inhalation [Form of Order, No. 4, Oke’s “ Formulist,” 6th ed. p. 438];--and the justices may upon application enlarge the time appointed for the adoption of the means directed by the order, a penalty of 1l. per day being imposed for non-compliance with the order.
Entry and Examination of Workshops.] By sect. 9, if, on the complaint of any officer of health, inspector of nuisances, or other officer appointed by a local authority, or of any superintendent of police, it appears to any justice of the peace that there is reasonable cause for believing that any of the provisions of this act or of “The Sanitary Act, 1866," are contravened in any workshop, such justice, by order under his hand, may empower the complainant to enter into such workshop at any time within forty-eight hours from the date of such order, and to examine such workshop ;-and any person so empowered may examine, touching any matter within the provisions of this act or of “The Sanitary Act, 1866," so far as relates to such workshop, any person whom he finds there.
WRECK AND SALVAGE.
17 & 18 Vict. c. 104.
I. Inquiries into Irecks, &c.
or near the coasts of the united kingdom;
ship on or near such coasts ; Whenever by reason of any casualty happening to or on board of
any ship on or near such coasts, loss of life ensues; Whenever any such loss, abandonment, damage or casualty bar
pens elsewhere, and any competent witnesses thereof arrive az
are found at any place in the united kingdom; the inspecting officer of the coast guard, or the principal officer of customs, or any other person appointed for the purpose by the board of trade, may make inquiry respecting such loss, &c.
Formal Investigation before Justices.] By sect. 433, if it appear w such officer or person, either upon or without any such prelimiesty inquiry, that a formal investigation is requisite or expedient, or the board of trade so directs,-he is to apply 196 to any two justion or to a stipendiary magistrate to hear the case ;—197 and such jistices or magistrate shall thereupon proceed to hear and try the same, and shall for that purpose, so far as relates to the summoning of paties, compelling the attendance of witnesses and the regulation of is proceedings, have the same powers as if the same were a procedir relating to an offence or cause of complaint upon which they ar thave power to make a summary conviction or order, or as next thereto as circumstances permit;—198 and it shall be the duty : such officer or person to superintend the management of the case. and to render such assistance to the justices or magistrate as ist his power;-and upon the conclusion of the case, the justices et
196 Form of Application, Oke's “ Formulist," 6th ed. p. 980.
197 Where the stipendiary magistrate is a member of a loual mir board, the inquiry is to be made before him, and he is to be paid a remuneration out of the Mercantile Marine Fund (s. 435).
198 The practice in summary convictions and orders will be fools Vol. I. However, by 25 & 26 Vict. c. 63, 8. 65, the 3rd sect. of .. 21 Vict. c. 43, Id. p. 266 (except as to the justices' clerk's fees!, is site apply to proceedings under the direction of the board of trade, o apie the Verchant Shipping Acts. Tide Form of Summons to a Party or Witness, No. 2, Oke's “ Formulist," 6th ed. p. 981; also a Ford Examination of Witnesses, No. 4, p. 981.
magistrate are to send a report to the board of trade, containing a 17 & 18 Vict.
Appointment of Nautical Assessor.] By sect. 434, in cases where nautical (or engineering, 25 & 26 Vict. c. 63, s. 23] skill and knowledge are required, the board of trade, either at the request of the justices or magistrate, or at its own discretion, may appoint some person (or persons) of nautical (or engineering] skill and knowledge to act as assessor (or assessors, 25 & 26 Vict. c. 63, s. 23] to the justices or magistrate;—and such assessor shall, upon the conclusion of the case, either signify his concurrence in their report by signing the same, or if he dissents therefrom shall signify such dissent and his reasons therefor to the board of trade.
Costs of Investigation.] By sect. 436, the justices or magistrate may make such order with respect to the costs of any such investigation or any portion thereof as they or he may deem just, -and such costs shall be paid accordingly,—and shall be recoverable in the same manner as other costs incurred in summary proceedings before them or him;-200 and the board of trade may, if in any case it thinks fit so to do, pay
of any such investigation, and may pay to such assessor as aforesaid such remuneration as it thinks fit.
Examination as to Ships in Distress.] By sect. 448, any receiver, -or in his absence any justice of the peace, --shall, as soon as conveniently may be, examine upon oath any person belonging to any ship which may be or may have been in distress on the coasts of the United Kingdom, or any other person who may be able to give any account thereof, or of the cargo or stores thereof, as to the following matters; (that is to say,)
(1.) The name and description of the ship;
199 Vide Form of Report, No. 5, Oke's “ Formulist,” 6th ed. p. 983. By 17 & 18 Vict. c. 104, s. 438, the justices or magistrate may require the master or mate possessing a certificate of competency or service whose conduct is called in question, &c., to deliver such certificato to be held till the close of the investigation (under the penalty of 501., 25 & 26 Vict. c. 63, s. 24]; and by 25 & 26 Vict. c. 63, s. 23, sub-s. 1, the power given by sect. 242 of 17 & 18 Vict. c. 101, to the board of trade to cancel or suspend the certificate, if it appear that the loss or abandonment of or serious damage to the ship, or loss of life, has been caused by the wrongful act or default of such master or mate, is vested in and may be exercised by the magistrates by who the case is investigated, if one assessor expresses his concurrence in the report.
200 Query, how these costs are intended to be recovered ; as there is no provision in the 11 & 12 Vict. c. 43, for recovery of costs alone, except where a case is dismissed.
17 & 18 Vict. (4.) The ports and places from and to which the ship was bound; c. 104.
(5.) The occasion of the distress of the ship;
board the same, as the receiver or justice thinks necessary; and such receiver or justice is to take the examination down in writing, 201—and to make two copies of the same,-of which he is to send one to the board of trade, and the other to the secretary of the committee for managing the affairs at Lloyd's in London ; to be placed by the said secretary in some conspicuous situation for the inspection of persons desirous of examining the same ;-and for the purposes of such examination every such receiver or justice shall have all the powers given by the first part of the act to inspectors appointed by the board of trade. 202
Recorery of Value of Wreck in Possession of Stranger.] By sect. 450, double the value of wreck taken possession of by persons other than the owner, and not delivered by him to the receiver, is to be recovered in the same way as a penalty of like amount,-see tit. “Merchant Shipping,” Vol. I. p. 580.
Cutting up Cables.] Dealers to make a declaration before a justice, in order to a justice or receiver granting a permit for cutting up a cable (s. 481). [Forms of Declaration and Permit, Nos. 177 -178, pp. 283–286, Oke's “ Formulist,” 6th ed.] Justices may, on application on oath, grant a warrant against a marine store dealer to produce a cable or other like article, and to allow an examination of his book of entries required to be kept (s. 482). [Form, No. 179, p. 286, Oke's “ Formulist,” 6th ed.]
Damage by Rioters.] In case of vessels stranded, &c., being plundered by tumultuous assemblages, the hundred is to be liable for the damage, in the same manner as damage to buildings by a riotous assemblage is provided for by the 7 & 8 Geo. 4, c. 31 (s. 477, see tit. “ Ilundred,” ante, p. 1241).
II. Arbitration on Salvage Claims. By 17 & 18 Vict. c. 104, s. 476, the High Court of Admiralty may decide on all salvage cases, whether on sea or land.
201 This may be in the same form as on an investigation. See Form, No. 5, Oke's “ Formulist,” 6th ed. p. 982; and should show the following particulars: the tons register of the ship, by whom owned, the date of sailing, the number of the crew and where bound to, what the cargo consisted of, and by whom shipped and to whom consigned, where ship or cargo insured and in what sums respectively; and then a narrative embracing explicitly the occasion and date of distress of ship, the exact nature of casualty, the services rendered, and such other matters and circumstances relating to the ship and cargo as the justice may consider necessary.
202 Vide sect. 15, which gives power to summon witnesses. Tide Form, No. 7, Oke's “ Formulist," 6th ed. p. 981.