34 & 35 Vict., Cap. 105. Search for petroleum. See 23 & 24 Vict. c. 139. S. 25. prayed for, either absolutely or with such conditions as he thinks fit, or to alter or modify the conditions imposed by the local authority; and the license so granted, or altered and modified, as the case may be, when certified under the hand of a Secretary of State, or the Lord Lieutenant shall be to all intents as valid as if granted by the local authority. *** 13. Where any court of summary jurisdiction 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 sale within the jurisdiction of such court in contravention of this 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 are 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 may be recovered. Any person who, by himself or by any one in his employ or acting by his direction or with his consent, refuses or fails to admit into any place occupied by or Cap. 105. under the control of such person, any person demanding 34 & 35 Vict., to enter in pursuance of this section, or in any way obstructs or prevents any person in or from making any such search, examination, or seizure, or taking any such samples as authorised by this section, shall be liable to pay a penalty not exceeding twenty pounds, and to forfeit all petroleum to which this Act applies which is found in his possession or under his control. 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, and shall be construed and have effect as if throughout it such substance had been included in the definition of petroleum to which this Act applies, subject to the following qualifi cations: (1.) The quantity of any substance to which this Act is directed by Order in Council to apply, which may be kept without a license, shall be such quantity only as is specified in that behalf in such order, or if no such quantity is specified no quantity may be kept without a license: (2.) The label on the vessel containing such substance shall be such as may be specified in that behalf in the order. [15. Summary proceedings for offences, penalties, &c. (In part repealed as to England by Summary Jurisdiction Act, 1884, s. 4.)] Application of substances. respect to 16. All powers given by this Act shall be deemed to Reservation of be in addition to and not in derogation of any other previous powers conferred on any local or harbour authority by powers with Act of Parliament, law, or custom, and every local inflammable authority and harbour authority may exercise such other substances. powers in the same manner as if this Act had not passed; and nothing in this Act contained shall be deemed to exempt any person from any penalty to which he would otherwise be subject in respect of a nuisance. *** [18. Duration of Act. Repealed by Petroleum Act, 1879, s. 6, p. 331.] 34 & 35 Vict., Cap. 113. Short title. This and recited Act to be as one. Interpretation of terms. METROPOLIS WATER ACT, 1871. 34 & 35 Vict., Cap. 113. An Act to amend "The Metropolis Water Act, 1852;" and to make further provision for the due Supply of Water to the Metropolis and certain places in the neighbourhood thereof. (a) [21st August 1871.] [Preamble and introductory words repealed by Statute Law Revision (No 2) Act, 1893.] Preliminary. 1. This Act may be cited for all purposes as Metropolis Water Act, 1871." "The 2. This Act and the Metropolis Water Act, 1852, as the same is amended by this Act, shall be read and construed together as one Act. 3. In this Act, The expression "the metropolis" shall mean the metropolis as defined by the Metropolis Management Act, 1855: (b) The term "Company" shall mean and include any of The Governor and Company of the New River The East London Waterworks ; The Southwark and Vauxhall Water Company; The Company of Proprietors of Lambeth The Governor and Company of Chelsea The Grand Junction Waterworks Company; and also any other corporation, company, (a) For extension to whole water area and adaptation of this Act, see Metropolis Water Act, 1897, s. 3, P. 467. (b) See s. 250 thereof, p. 120. For definition under Metropolis Water Act, 1852, see s. 29 thereof, p. 111. board, commissioners, association, person, 34 & 35 Vict., The term person shall include a corporation The expression "water limits" in relation to a Com- The expression "the special Act" in relation to a The term district" shall mean the area selected for The term "premises" shall mean and include any The term "prescribed" shall mean prescribed by *** [Definition of Court of Summary Jurisdiction, omitted, repealed by Statute Law Revision (No. 2) Act, 1893. See now Interpretation Act, 1889, s. 13. (11.), p. 371.] 'The term " fittings" includes communication pipes, and also all pipes, cocks, cisterns, and other apparatus used or intended for supply of water by a Company to a consumer, and for that purpose placed in or about the premises of the consumer: The term owner means the person who, for the time being, receives the rackrent of the premises with reference to which that term is used, whether on his own account or under or by virtue of any mortgage or charge, or as agent or trustee for any person, or who would so receive the same if the premises were let at a rackrent, and includes every successive owner from time to time of the pre 34 & 35 Vict., Cap. 113. Limits of Supply of water on Sundays. Companies to provide constant supply of water. Application for constant supply. mises, being such for any part of the time during which the enactment wherein that term is used operates in relation to the premises: Premises shall be deemed to be on the same service, or on a service, when water is supplied to them by a Company from the same service pipe. 4. The limits within which the provisions of this Act shall be in force and have effect (in this Act referred to as "the limits of this Act") shall include the metropolis and the several places set out in the schedule to the Metropolis Water Act, 1852, which do not form part of the metropolis. (a) [5. Repeal of s. 15 (except as regards proviso as to Kent and East London Waterworks Companies), ss. 19-22, inclusive, and s. 27, of Metropolis Water Act, 1852, so far as regards their operation within the limits of this Act. Repealed by Statute Law Revision Act, 1883, s. 1. As to non-revival, however, of enactments repealed thereby, see Interpretation Act, 1889, s. 11. (1.), p. 369.] 6. *** Every Company shall on Sundays as on other days supply sufficient pure and wholesome water for the domestic use of the inhabitants within their water limits. [Words omitted from s. 6 repealed by Statute Law Revision (No. 2) Act, 1893.] Constant Supply. 7. Subject to the provisions of this Act, every Company may, and * * * every Company shall, when required so to do, in the manner directed by this Act, provide and keep throughout their water limits, or throughout such parts of such limits as they may be required in manner aforesaid, a constant supply of pure and wholesome water sufficient for the domestic purposes of the inhabitants within such water limits constantly laid on at such pressure as will make such water reach the top story of the highest houses within such water limits (but not exceeding the level prescribed by the special Act) of such Company (which supply is in this Act referred to as a "constant supply "); and every such Company shall, subject to the provisions of the special Act as the same are amended by this Act, give and continue to give to such inhabitants a constant supply for domestic purposes in manner prescribed. [Words omitted from s. 7 repealed by Statute Law Revision (No. 2) Act, 1893.] 8. *** The metropolitan authority shall, whenever they are of opinion that there should be in any district a constant supply, make application to the Company within (a) For extension, as respects the Metropolitan Water Companies, of the operation of this Act, to the whole area within which such Companies are for the time being authorised to supply water, see Metropolis Water Act, 1897, s. 3, p. 467. |