[Preamble and introductory words repealed by Statute Law Revision (No. 2) Act, 1893.] 1. This Act may be cited as "The Petroleum Act, 1871." 2. In this Act, if not inconsistent with the context, the following terms have the meanings herein-after assigned to them; (that is to say,) The term "borough" means— In England any place for the time being subject to the provisions of the Act of the session of the fifth and sixth years of the reign of King William the Fourth, chapter seventy-six, "to provide for the regulation of municipal corporations in England and Wales," (a) and the Acts amending the same; In Scotland any royal burgh and any burgh or town returning or contributing to return a member or members to serve in Parliament; In Ireland any place for the time being subject to the provisions of the Act of the session of the third and fourth years of the reign of Her present Majesty, chapter one hundred and eight, "for the regulation of municipal corporations in Ireland, and the Acts amending the same: The term person" includes a body corporate: [Meaning of "Secretary of State" (omitted) repealed by Statute Law Revision Act, 1894. See now Interpretation Act, 1889, s. 12, (3.), p. 369.] [Meanings of "Lord Lieutenant" and " Summary Jurisdiction Acts" (omitted) repealed by Statute Law Revision (No. 2) Act, 1893.] * * * 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any rock oil, Rangoon oil, Burmah oil, oil made from petroleum, coal, schist, shale, peat, or other bitumin (a) Repealed by Municipal Corporations Act, 1882, s. 5. Reference now to boroughs subject to that Act. See s. 242, (1.) thereof. ous substance, and any products of petroleum, or any of 34 & 35 Vict., the above-mentioned oils; *** [Remainder of Section 3 (meaning of term "petroleum to which this Act applies") repealed by Petroleum Act, 1879, s. 6, p. 331. For amended provision, see same Act, s. 2, p. 331.] *** 6. Where any petroleum to which this Act applies— (a.) Is kept at any place except during the seven days next after it has been imported; or (b.) If sent or conveyed by land or water between any two places in the United Kingdom; or (c.) Is sold or exposed for sale; the vessel containing such petroleum shall have attached thereto a label in conspicuous characters, stating the description of the petroleum, with the addition of the words "highly inflammable," and with the addition (a.) In the case of a vessel kept, of the name and address of the consignee or owner: (b.) In the case of a vessel sent or conveyed, of the name and address of the sender: (c.) In the case of a vessel sold or exposed for sale, of the name and address of the vendor. All petroleum to which this Act applies which is kept, sent, conveyed, sold, or exposed for sale, in contravention of this section, shall, together with the vessel containing the same, be forfeited, and in addition thereto the person keeping, sending, selling, or exposing for sale the same shall for each offence be liable to a penalty not exceeding five pounds. Cap. 105. Label on vessels con taining petroleum. 7. Save as herein-after mentioned, after the passing Regulations. of this Act petroleum to which this Act applies shall not as to storage be kept, except in pursuance of a license given by such of petroleum. local authority as is in this Act mentioned. All petroleum kept in contravention of this section shall, together with the vessel containing the same, be forfeited, and in addition thereto the occupier of the place in which such petroleum is so kept shall be liable to a penalty not exceeding twenty pounds a day for each day during which such petroleum is so kept. This section shall not apply to any petroleum kept either for private use or for sale, provided the following 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 three gallons. 34 & 35 Vict., Cap. 105 Definition of local authority. 8. The following bodies shall respectively be the local authority to grant licenses under this Act in the districts herein-after 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: (2.) In the metropolis, (that is, in places for the time. being within the jurisdiction of the Metropolitan Board of Works (a) under the Metropolis Management Act, 1855,) except the city of London, and except as hereafter in this section mentioned, the Metropolitan Board of Works: (a) (3.) In any borough in England or Ireland, except as hereafter in this section mentioned, the mayor, aldermen, and burgesses acting by the council: (4.) In any place in England or Ireland, except as hereafter in this section mentioned, within the jurisdiction of any trustees or improvement commissioners appointed under the provisions of any local or general Act of Parliament, and not being a borough or comprising any part of a borough, the trustees or commissioners: (5.) In any place in England (except as hereafter in (8.) In any harbour within the jurisdiction of a harbour (9.) In any place in which there is no local authority as before in this section defined, in England or (a) Now London County Council. See Local Government Act, 1888, s. 40. (8.), p. 362 (b) Repealed by Public Health Act, 1875, s. 343. Reference now to that Act. See s. 313 thereof, p. 274. Ireland, the justices in petty sessions assembled, 34 & 35 Vict., and in Scotland any two or more justices of the justice of peace court. Cap. 105. licenses. 9. Licenses in pursuance of this Act shall be valid if Mode of signed by two or more of the persons constituting the local granting authority, or executed in any other way in which other licenses, if any, granted by such authority are executed. Licenses 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 license 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 license shall be deemed to be an unlicensed person. There may be charged in respect of each license granted in pursuance of this Act such sum, not exceeding five shillings, as the local authority may think fit to charge. refusal of license the applicant may memorialize Secretary of 10. If on any application for a license under this Act In case of the local authority refuse the license, 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 license 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 license in England or Scotland, and to the Lord Lieutenant if the application is for a license in Ireland, together with a memorial, praying that notwithstanding such refusal the license 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, or the Lord Lieutenant, 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 license State or Lord Lieutenant. |