3. Fixing the places and times at which the gunpowder is to be loaded or unloaded, and the quantity to be loaded or unloaded or conveyed at one time or in one carriage; and 4. Determining the precautions to be observed in conveying gunpowder, and in loading and unloading the carriages used in such conveyance, and the time during which the gunpowder may be kept during such conveyance, loading and unloading; and 5. Providing for the publication and supply of copies of the byelaws; and 6. Generally for protecting, whether by means similar to those above mentioned or not, persons or property from danger; and 7. Adapting on good cause being shown the byelaws in force under this section to the circumstances of any particular locality. The penalties to be annexed to any breach, or attempt to commit any breach, of any such byelaws may be all or any of the following penalties, and may be imposed on such persons and graduated in such manner as may be deemed just, according to the gravity of the offence, and according as it may be a first, second, or other subsequent offence, that is to say, pecuniary penalties not exceeding twenty pounds for each offence, and ten pounds for each day during which the breach continues, and forfeiture of all or any part of the gunpowder in respect of which, or being in the carriage in respect of which, the breach of byelaw has taken place. For the purpose of any mode of conveyance which is not a conveyance by land this section shall be construed as if ship and boat were included in the term carriage. of byelaws. 38. Any recommendation to Her Majesty in Council, any Confirmation general rules with respect to packing, and any byelaws which and publication is or are proposed to be made under this Act by a Secretary of State or the Board of Trade shall, before being so made, be published in such manner as the Secretary of State or the Board of Trade, as the case may be, may direct as being in his or their opinion sufficient for giving information thereof to all local authorities, corporations, and persons interested. The byelaws framed by any railway company, canal company, or harbour authority under this Act shall before being sanctioned by the Board of Trade, be published in such manner as may be directed by the Board of Trade, with a notice of the intention of such company or authority to apply for the confirmation thereof, and may be sanctioned by the Board of Trade with or without any omission, addition, or alteration, or may be disallowed. Every such byelaw may be from time to time added to, altered, or rescinded by a byelaw made in like manner and with the like sanction as the original byelaw. Part I. relating The Secretary of State or the Board of Trade, as the case may be, shall receive and consider any objections or suggestions made by any local authority, corporation, or persons interested with respect to any recommendation, general rules, or byelaws published in pursuance of this section, and may, if it seem fit, amend such recommendation, general rules, or byelaws with a view of meeting such objections or suggestions without again publishing the same. PART II. LAW RELATING TO OTHER EXPLOSIVES. Application of Part I. to other Explosives. 39. Subject to the provisions hereafter in this part of this to gunpowder Act contained, Part One of this Act relating to gunpowder applied to other exploshall apply to every other description of explosive, in like sives. manner as if those provisions were herein re-enacted with the substitution of that description of explosive for gunpowder. Modification of Part I. as applied to explosives other than gunpowder. 40. The following modifications and additions shall be made in and to Part One of this Act as applied to explosives other than gunpowder : (1.) The draft license for a factory or magazine submitted by an applicant to the Secretary of State shall specify such particulars as the Secretary of State may require; and (2.) The prescribed general rules shall be substituted for the general rules in Part One of this Act relating to factories, magazines, stores, and registered premises respectively; but no such general rule shall require the removal of any building or work in use at the date of the Order in Council by which such rule is made; (3.) The Secretary of State may from time to time alter the general rules relating to packing contained in Part One of this Act for the purpose of adapting the same to the packing of any explosive other than gunpowder; and (4.) For the maximum amount limited by Part One of this Act to be kept for private use and not for sale, or in a store, and for the minimum amount limited by Part One of this Act to be exposed for sale or sold otherwise than in a substantial case, box, canister, or other receptacle as therein mentioned, there shall be substituted in the case of explosives other than gunpowder the following amounts; namely, (a.) Where such explosive consists of safety cartridges made with gunpowder, an amount containing not more than five times the maximum or minimum amount of gunpowder, as the case may be, above mentioned; and (b.) In the case of any other explosive, the prescribed amount; and (5.) Two or more descriptions of explosives shall not be kept in the same store or registered premises, except such descriptions as may be prescribed in that behalf; and, when so kept, shall be kept subject to the prescribed conditions and restrictions; and (6.) Where any explosive, other than gunpowder, is allowed to be kept in the same store or registered premises with gunpowder, the maximum amount of gunpowder to be kept therein shall be the prescribed amount in lieu of the amount fixed by Part One of this Act; and (7.) Where any explosive, other than gunpowder, is allowed to be kept in the same magazine, store, or registered premises with gunpowder, the prescribed general rules shall be observed instead of the general rules in Part One of this Act; and (8.) There shall be on the outermost package containing the explosive in lieu of the word "gunpowder" the name of the explosive, with the addition of the word "explosive," and if such name is materially false the person selling or exposing for sale such explosive, and also the owner of the explosive, shall be liable to a penalty not exceeding fifty pounds : (9.) With respect to the importation from any place` out of the United Kingdom of either dynamite or guncotton, or any explosive (other than gunpowder, cartridges made with gunpowder, percussion caps, fireworks, and any prescribed explosive), the following provisions shall have effect; that is to say, (a.) The owner and master of any ship having on board any such explosive shall not permit the same to be unloaded and delivered to any person who does not hold a license to import the same (in this Act called an importation license) from the Secretary of State, and any transhipment shall for the purpose of this section be deemed to be delivery; and (b.) The Secretary of State may grant an importation license for any such explosive, and may annex thereto any prohibitions and restrictions with respect to the composition and quality of the explosive, and the unloading, landing, delivery, and conveyance thereof, and such further provisions and restrictions as he may think fit, for the protection of the public from danger; and (c) The license shall be of such duration as the Secretary of State may fix, and shall be available only for the person named in the license; and Exemption of making and carrying safety cartridges for private use. Extension of 18 & 19 Vict. c. 119. s. 29. and 36 & 37 Vict. c. ss. 23-27. to all explosives. Power to pro 85. (d.) In the event of any breach by any act or default of the provisions of this section with respect to the importation of an explosive, or of the provisions of any importation license, all or any part of the explosive with respect to which such breach is committed, or being in any ship or boat in connexion with which such breach is committed, may be forfeited, and the owner and master of such ship or boat, and the licensee or person to whom the explosive is delivered, shall each be liable to a penalty not exceeding one hundred pounds, and to a further penalty not exceeding two shillings for every pound of such explosive; and (e.) The Commissioners of Customs and their officers shall have the same power with respect to any such explosive, and the ship containing the same, as they have for the time being with respect to any article on the importation of which restrictions are for the time being imposed by the law relating to the Customs, and the ship containing the same, and the enactments for the time being in force relating to the Customs or any such article or ship shall apply accordingly. 41. Nothing in this Act shall apply to the filling or conveying for private use and not for sale, of any safety cartridges to the amount allowed by this Act to be kept for private use. 42. Section twenty-nine of the Passengers Act, 1855, and sections twenty-three to twenty-seven, both inclusive, of the Merchant Shipping Act, 1873, shall apply to every explosive within the meaning of this Act in like manner as they apply to gunpowder. Specially dangerous Explosives. 43. Notwithstanding anything in this Act, Her Majesty hibit manu- from time to time, by Order in Council, may prohibit, either facture, importation, storage, absolutely, or except in pursuance of a license of the Secretary and carriage of of State under this Act, or may subject to conditions or respecially dan gerous explosives. strictions the manufacture, keeping, importation from any place out of the United Kingdom, conveyance, and sale, or any of them, of any explosive which is of so dangerous a character that, in the judgment of Her Majesty, it is expedient for the public safety to make such Order: Provided that such Order shall not absolutely prohibit anything which may be lawfully done in pursuance of any continuing certificate under this Act. Any explosive manufactured or kept in contravention of any such Order shall be deemed to be manufactured or kept, as the case may be, in an unauthorised place. Any explosive conveyed in contravention of any such Order shall be deemed to be conveyed in contravention of a byelaw made under this Act with respect to the conveyance of explosives. If any explosive is imported or sold in contravention of any such Order, 1. All or any part of such explosive may be forfeited; and 3. The person to whom it was delivered and the person The Commissioners of Customs and their officers shall have the same power with respect to any such explosive, and the ship containing the same, as they have for the time being with respect to any article prohibited to be imported by the law relating to the Customs, and the ship containing the same, and the enactments for the time being in force relating to the Customs and any such article or ship shall apply accordingly. Provisions in favour of certain Manufacturers and Dealers. makers, &c. 44. The occupier of a factory for any explosive shall not Provision in be required by this Act to take out a factory license for making favour of up on such factory the explosive made thereon into cartridges of blasting or charges for cannon or blasting not containing within them- cartridges. selves their own means of ignition. The occupier of any magazine, store, or registered premises for keeping any explosive may keep that explosive when made up into such cartridges or charges as above in this section mentioned, as if it were not so made up, and the provisions of this Act with respect to the keeping of any explosive shall apply to the keeping of that explosive when made up into the said cartridges or charges, in like manner as if the explosive were not so made up. 45. The occupier of a factory for any explosive who manu- Provision in factures a new explosive or new form of explosive similar to favour of the one specified in his license, shall not be deemed to have makers of new explosive for manufactured the same in an unauthorised place if he manu- experiment. facture the same on a small scale, and exclusively for the purpose of trial and not for sale, and he send notice of the same, as soon as he has manufactured it, to the Secretary of State, and if he observe the provisions of this Act, so far as they are applicable. for 46. The occupier of a magazine, store, or registered premises Provision in any explosive shall not be required by this Act to take favour of gunout a factory license by reason that in connexion with such makers, &c. |