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34 & 35 Vict.
Testing of Petroleum by Oficer 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 giren 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 Marrant 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. 43j or any acts therein referred to,
sale within the jurisdiction of such court in contravention of this 34 & 35 Vict. 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
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,
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 herein. after 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.”
34 & 35 Vict. and shall be construed and have effect as if throughout it such sub-
stance had been included in the definition of petroleum to which
by order in council to apply, which may be kept without a
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,"
25 & 26 Vict. c. 63, s. 13.
POLICE OF TOWNS. 128 “ 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. 580.]
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.
Fares for hackney carriages may be recovered before one justice 10 & 11 Vict.
ed. p. 881.]
The provisions of the 10 & 11 Vict. c. 34 (tit. “ Towns Improvement," post), as to recovery of and appeal against rates, are incorporated with this act (s. 70).
Damages.] Damages, not specially provided for, and penalties and the determination of other matters referred to justices, are to be as under the 8 & 9 Vict. c. 20. (s. 73.) See tit. “ Railways,” post.
V. Overseers not accounting or paying Balances.
I. Appointment of Assistant Overseer. An assistant overseer is appointed by two justices in petty sessions, 59 Geo. 3, on nomination of the inhabitants of the parish in vestry (s. 7; and c. 12. see Reg. V. Justices of Salop, 11 Law T., N. S. 416); but it would appear from 7 & 8 Vict. c. 101, ss. 61, 62, infra, that justices cannot appoint a person to the office who has been previously appointed a collector of rates, nor, by 29 & 30 Vict. c. 113, s. 10, an overseer of
The appointment is exempt from stamp duty by 4 & 5 Will
. 4, c. 76, s. 86, and so is the bond which an assistant overseer is to give for the due execution of his office (7 & 8 Vict. c. 101, s. 61). [Form of Appointment, No. 39, p. 906, Oke's “Formulist,” 6th ed.] See 7 & 8 Vict. c. 101, s. 61, as to collectors of rates who are not appointed by justices, but by the poor law board on a resolution of guardians; and s. 62, as to the vestry giving power to assistant oferseers appointed before 9th August, 1844, to do all the duties of
[Forms of Bonds, Nos. 82, 83, Oke's “ Formulist,"
6th ed. pp. 919, 920.]
130 By 30 & 31 Vict. c. 106, s. 27, “where a union extends into several 30 & 31 Vict. distinct jurisdictions, every matter, act, charge, or complaint by which the
c. 106, s. 27. guardians thereof are affected, or in which they have any interest, shall throughout the union”-i.e., if it has arisen or exists in any one parish thinte union, so as to give to the guardians the
right to have recourse to that part which is most convenient to themselves
(Reg. v. Justices of Staf. fordshire, 41 L. J. (N. S.) M. C. 78)].
II. Removal of the Poor, &c. Removal of the Poor generally.] The different kinds of settlement are, 131-birth; - derivative (by marriage or parentage);hiring and service (abolished by 4 & 5 Will. 4, c. 76, s. 64);—apprenticeship in the sea service (abolished by 4 & 5 Will. 4, 76, s. 67); -renting a tenement up to 2nd July, 1819, of annual value of 101. for a year, and occupying and sleeping in same for that period or forty days and on the last day of occupancy ;-renting a separate and distinct tenement, bona fide hired for a year, at 101. a year at the least, and paid rent from 2nd July, 1819, to 22nd June, 1825, and occupancy and sleeping as in the last case; --renting a tenement as in the last case, with certain restrictions, from 22nd June, 1825, to 30th March, 1831 :—and also from 30th March, 1831, to 14th August, 1834;—renting a tenement and paying rates on it since 14th August, 1834 ;-estate, by seisin, by descent, &c., by devise, by purchase, as trustee, as cestui que trust, as mortgagee, as mortgagor, as executor, as administrator, as next of kin, by marriage, payment of parochial rates and taxes, from 1690 to 22nd June, 1793;—payment of parochial rates and taxes, from 22nd June, 1795, to 22nd June, 1825;—payment of parochial rates and taxes, from 22nd June, 1825;-by serving a public office abolished after 14th August, 1834, by 4 & 5 Will. 4, c. 76, s. 64);—by certificatemen or their servants, &c.
The act preventing the removal of persons resident in a parish for five years, without receiving relief, is the 9 & 10 Vict. c. 66; but that has been amended by 24 & 25 Vict. c. 55, 27 & 28 Vict. c. 105, 28 & 29 Vict. c. 79, s. 8, and 31 & 32 Vict. c. 122, s. 34, and reduced to one year after 25th March, 1866.
By the 28 & 29 Vict. c. 79, guardians in unions may obtain orders of removal in respect of paupers settled elsewhere (s. 2), and defend and appeal against orders of removal (s. 3), and may remove without orders where there is consent (s. 6). Sect. 4 relates to the signature and service of notices, &c.; and sect. 5 empowers guardians to call for books and papers from overseers. Two justices, 132 where the pauper is chargeable, are necessary to take the evidence as to the settlement, and make an order of remoral; but where the pauper is ill, his examination may be taken by one justice and by him reported to another (49 Geo. 3, c. 124, s. 4); and where the pauper is a prisoner the examination may be taken at the gaol by two other justices (59 Geo. 3, c. 12, s. 28). Justices receiving the
131 Vide Oke's “ Formulist,” 6th ed. pp. 890–897, for the modes of describing technically these several settlements in the grounds of removal
of paupers, and which may be also used as grounds of appeal setting up subsequent settlements.
132 who need not be of the quorum (Reg. v. Overseers of Llangian, 32 L. J. (N. S.) M. C. 225; 8 Law T., N. S. 422).