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38 Vict. c. 17. local authority, or within a convenient distance of the limits of that

jurisdiction.

The costs of any objection, which the local authority may deem to be frivolous, are to be ascertained by an order made by the local authority, and are to be a debt due from the objector to the applicant, of which such order is to be conclusive evidence.

Where the site of the 'proposed factory or magazine is situate partly within the jurisdiction of one local authority and partly within the jurisdiction of another, the assent of both local authorities is to be applied for in the manner provided by the act.

Grant and Confirmation of Licence.] By sect. 8, if, on the hearing of the application for the establishment of a factory or magazine, the local authority assent thereto either absolutely or on conditions submitted to by the applicant, he is to be entitled to the licence applied for in accordance with the draft approved by the secretary of state, with the addition (if the assent was on conditions) of the additional restrictions and precautions required by those conditions.

Appeal to the Secretary of State.] If the local authority assent on any conditions not submitted to by the applicant, or dissent, the applicant may appeal to the secretary of state, giving notice of such appeal to the local authority, and requiring them to state in writing their reasons for such conditions or dissent; and the secretary of state, after considering the reasons (if any) so stated, and after such inquiry, local or otherwise, as he may think necessary, may, if the local authority dissented, refuse the licence, or may in either case grant the licence applied for in accordance with the draft licence, either as previously approved by him, or with such modifications and additions as he may consider required to meet the reasons (if any) so stated by the local authority.

The secretary of state, when satisfied that the factory or magazine is sufficiently completed according to the licence to justify the use thereof, is to confirm the licence, but, until so confirmed, the licence is not to come into force.

The land forming the site, bounded as described in the licence, is, with every unused building and work thereon, for whatever purpose, to be deemed to be the factory or magazine referred to in the licence.

III. Application for a Licence for a Gunpowder Store. Store Licence to be obtained from the Local Authority.) By the 15th section, any person may apply for a licence for a gunpowder store to the local authority at the time and place appointed by such authority, stating his name, address and calling, the proposed site and construction of the store, and the amount of gunpowder he proposes to store therein; and the local authority are, as soon as practicable, if the proposed site, construction of the store, and 38 Vict. c. 17. amount of gunpowder are in accordance with the order in council hereafter mentioned, to grant to the applicant on payment of such fee, not exceeding 58., as may be fixed by that authority, the licence applied for.

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Order in Council prescribing the Situation and Construction of Stores.] The 16th section enacts that the Queen, by order in council, may(1.) Regulate the construction and materials and fittings of gun

powder stores; and (2.) Prescribe the buildings and works from which gunpowder

stores are to be separated, and the distances by which they

are to be separated; and
(3.) Prescribe the maximum amount of gunpowder, not exceeding

two tons, to be kept in stores, graduated according to their
construction and situation, and their distance from the said

buildings and works.
Store Licences Renewable and not Transferable.] By sect. 18, a
store licence is to be valid only for the person named in it, and
(unless the circumstances have so changed that the grant of a new
licence would not be authorized by the act) is to be renewed annually
by endorsement.

Store licences are to be in the form directed by the Secretary of State.

IV. Application for Registration of Premises for keeping Gunpowder.

By sect. 21, a person desirous of registering with the local authority any premises for the keeping of gunpowder, is to register his name and calling, and the said premises in the act referred to as his registered premises) in such manner, and on payment of such fee, not exceeding 18. as may be directed by the local authority. Such registration is to be valid only for the person registered, and is to be annually renewed. The 22nd section contains a body of rules to be observed by the occupier of registered premises.

V. Registration of Store Licences and Registered Premises. The 28th section enacts, that the local authority shall cause registers of all store licences granted by, and all premises registered with, them under this act to be kept in such form and with such particulars as they may direct.

The local authority are, when so required by the secretary of state, to send to him within the time fixed by such requisition a copy of such register, or any part thereof, and in default the clerk of such authority, and also the authority, if they are in fault, are to be liable to a penalty.

Right of Inspection of Registers.] A ratepayer within the area of

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58 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

a 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, dc. 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, dc. 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 (6.) More than five hundred pounds of manufactured fireworks,

either finished or partly finished; or

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(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.

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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.

Interpretation of the term Explosives."] The 3rd section
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 manu-
factured 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-
tions, and every adaptation or preparation of an explosive
as above defined.

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 consoli-

dated 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 lepiable by the improvement commissioners for any purposes of improvement within their district;

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38 Vict. c. 17.

And the local rate, or any increase of the local rate, may, not

withstanding 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. 31 & 32 Vict.

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 c. 12.

“ 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

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