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2. In this Act, if not inconsistent with the context, the following terms have the meanings hereinafter 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 Municipal Corporation Act, 1882, 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 Queen Victoria, 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:

The term "Secretary of State" means one of His Majesty's Principal Secretaries of State:

The term "harbour means any

Sect. 1, 1871.

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title of Act.

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Remarks.

harbour properly so called, whether natural or artificial, and any port, haven, estuary, tidal river or other river, canal or inland navigation navigated by sea-going ships, and any dock, pier, jetty, or other works in or at which ships do or can ship or unship goods or passengers:

The term "harbour authority" includes any persons or person being or claiming to be proprietors or proprietor of or intrusted with the duty or invested with the power of improving, maintaining, or managing any harbour:

The term "ship" includes every description of vessel used in navigation, whether propelled by oars or otherwise :

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 or any Acts therein referred to, or to proceedings before whom the provisions of the Summary Jurisdiction Acts are or may be made applicable :

The term "county rate" means as regards Scotland the county general assessment leviable in pursuance of "The County General Assessment (Scotland) Act, 1868," and as regards Ireland the grand jury cess.

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 bituminous substance, and any products of petroleum, or any

Sect. 3, 1871. It will be seen that the general definition of "petroleum" includes not only the whole class of mineral oils (see chap. i.), but also "any

of the above-mentioned oils; and the term "petroleum to which this Act applies," means such of the petroleum so defined as, when tested in manner set forth in Schedule One to this Act, gives off an imflammable vapour at a temperature of less than seventy-three degrees of Fahrenheit's thermometer.

A model of the apparatus for testing petroleum, as described in Schedule One to this Act, shall be deposited

Remarks.

products of petroleum." The definition would therefore include such solid substances as paraffin wax, and might even be held to cover other solid or liquid substances which are produced less directly from petroleum, coal-tar, &c., and which may not even be inflammable.

The definition is however narrowed down by the provision that the Act shall only apply to such of these substances as have a flashpoint below 73° Fahr. (see chap. v.) The pre

scribed method of determining the flash-point will be found in the Schedule below.

It has been decided by the King's Bench in the case of London County Council v. Holtzapfels Compositions Company, Limited, that the Act applies not only to petroleum by itself, but also to mixtures of petroleum with other substances, whenever such mixtures have a flash-point below 73° Fahr. Indiarubber solution and certain quick-drying paints made with petroleum spirit, come therefore within the operation of the Act.

Sect. 3, 1879. This Section provides for the verification of the testing in

with the Board of Trade, and the Board of Trade shall, on payment of such fee, not exceeding five shillings, as they from time to time prescribe, cause to be compared with such model and verified every apparatus constructed in accordance with Schedule One to this Act which is submitted to them for the purpose, and if the same is found correct shall stamp the same with a mark approved of by the Board and notified in the London Gazette.

An apparatus for testing petroleum purporting to be stamped with the said mark shall, until the contrary is proved, be deemed to have been verified by the Board of Trade.

All fees under this section shall be paid into the Exchequer.

4. Every harbour authority shall frame and submit for confirmation to the Board of Trade by-laws for regulating the place or places at which ships carrying petroleum to which this Act applies are to be moored in the harbour over which such authority has jurisdiction, and are to land their cargo, and for regulating the time and mode of, and the precautions to be taken on, such landing. The harbour authority shall publish the by-laws so framed with a notice of the intention of such authority to apply for the confirmation thereof. The Board of Trade may confirm such by-laws with or without any omission, addition, or alteration, or may disallow the same.

Every such by-law when confirmed shall be published by the harbour authority, and may be from time to time altered or repealed by a by-law made in like manner. By-laws under

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strument. Regulations for such verification, issued by the Standards Department of the Board of Trade, will be found in Appendix VII.

Sect. 4, 1871. Harbour authorities may, with the sanction of the Board of Trade, make by-laws under this Section regulating the following matters:

(1) Places where ships carrying petroleum spirit are to be moored.

(2) Places where such ships are to land their cargo.

(3) Time and mode of such landing.

(4) Precautions to be taken in such landing.

It will be seen that there is no power to make by-laws prohibiting the bringing of petroleum into the harbour; nor is there power to regulate the shipping of petroleum, though this is

this section shall be published in such manner as the Board of Trade may from time to time direct.

If at any time it appears to the Board of Trade that there is no by-law for the time being in force under this section in any harbour the Board of Trade may, by notice, require the harbour authority of such harbour to frame and submit to them a by-law for the purposes of this section, and if such harbour authority make default in framing a by-law and obtaining the confirmation thereof within the time limited by such notice the Board of Trade may make a by-law for the purposes of this section, and such by-law Ishall have the same effect as if it had been framed by the harbour authority and confirmed by the Board of Trade.

Where any ship or cargo is moored, landed, or otherwise dealt with in contravention of any by-law for the time being in force under this Act in any harbour, the owner and master of such ship, or the owner of such cargo, as the case may be, shall each incur a penalty not exceeding fifty pounds for each day during which such contravention continues, and it shall be lawful for the harbour-master or any other person acting under the orders of the harbour authority of such harbour to cause such ship or cargo to be removed, at the expense of the owner thereof, to such place as may be in conformity with the said by-law, and all expenses incurred in such removal may be recovered in the same manner in which penalties are by this Act made recoverable.

5. The owner or master of every

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regulated to some extent by laying down the place where ships carrying petroleum are to be moored.

It is desirable that separate by-laws should be made for carbide of calcium. In Appendix V. will be found a Model Code of harbour by-laws for petroleum, and in Appendix XIII. a similar code for carbide of calcium. These Model Codes have been prepared by the Home Office for the assistance of harbour authorities, but they are in no way binding, and are subject to any modifications or additions which may be rendered necessary by local requirements.

Sect 5, 1871. It should

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