APPENDIX IV. PETROLEUM (HAWKERS) ACT, 1881. CHAPTER 67. A.D. 1881. Power to hawk petroleum. 34 & 35 Vict. c. 105. AN Act to regulate the hawking of Petroleum and other substances Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. Any person who is licensed in pursuance of the Petroleum Act, 1871, to keep petroleum to which that Act applies may, subject to the enactments for the time being in force with respect to hawkers and pedlars, hawk such petroleum by himself or his servants. Regulations 2. With respect to the hawking of petroleum to which the for hawking Petroleum Act, 1871, applies, the following regulations shall be petroleum. observed: (1) The amount of petroleum conveyed at one time in any one carriage shall not exceed twenty gallons: (2) The petroleum shall be conveyed in a closed vessel so constructed as to be free from leakage : (3) The carriage in which the vessels containing the petroleum are conveyed shall be so ventilated as to prevent any evaporation from the petroleum mixing with the air in or about the carriage in such proportion as to produce or be liable to produce an explosive mixture: (4) Any fire or light or any article of an explosive or highly inflammable nature shall not be brought into or dangerously near to the carriage in which the vessels containing the petroleum are conveyed : (5) The carriage in which the vessels containing the petroleum are conveyed shall be so constructed or fitted that the petroleum cannot escape therefrom in the form of liquid, whether ignited or otherwise : (6) Proper care shall be taken to prevent any petroleum escaping into any part of a house or building, or of the curtilage thereof, or into a drain or sewer: (7) The petroleum shall be stored in some premises licensed for keeping of petroleum and in accordance with the licence for such premises both every night and also when the petroleum is not in the course of being hawked: (8) All due precautions shall be taken for the prevention of accidents by fire or explosion, and for preventing unauthorised persons having access to the vessels containing the petroleum, and every person concerned in hawking the petroleum shall abstain from any act whatever which tends to cause fire or explosion, and is not reasonably necessary for the purpose of such hawking: (9) No article or substance of an explosive or inflammable character other than petroleum, nor any article liable to cause or communicate fire or explosion, shall be in the carriage while such carriage is being used for the purpose of hawking petroleum : In the event of any contravention of this section with reference to any petroleum, the petroleum, together with the vessels containing and the carriage conveying the same, shall be liable to be forfeited, and in addition thereto the licensee by whom or by whose servants the petroleum was being hawked shall be liable on summary conviction to a penalty not exceeding twenty pounds. Provided that (1) Where some servant of the licensee or other person has in fact committed the offence, such servant or other person shall be liable to the same penalty as if he were the licensee: (2) Where the licensee is charged with a contravention of this section, he shall be entitled upon information duly laid by him to have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge, and if the licensee proves to the satisfaction of the court that he had used due diligence to enforce the execution of this section, and that the said other person had committed the offence in question without his knowledge, consent, or connivance, the said other person shall be summarily convicted of such offence, and the licensee shall be exempt from any penalty. Any petroleum other than that to which the Petroleum Act, 1871, applies while in any carriage used for the hawking of petroJeum to which the Petroleum Act, 1871, applies, shall for the Modification of licence purposes of this section be deemed to be petroleum to which the Petroleum Act, 1871, applies. 3. Any conditions annexed to a licence granted in pursuance of of conditions the Petroleum Act, 1871, either before or after the passing of this Act, shall, so far as they are inconsistent with this Act, be void, but save as aforesaid nothing in this Act shall affect the application to a licensee of the provisions of the Petroleum Act, 1871, or of any licence granted thereunder. under 34 & 35 Vict. c. 105. Power of to prevention of offences. 4. Where a constable or any officer authorised by the local constable as authority has reasonable cause to believe that a contravention of this Act is being committed in relation to any petroleum, he may seize and detain such petroleum and the vessels and carriage containing the same, until some court of summary jurisdiction has determined whether there was or not a contravention of this Act, and section thirteen of the Petroleum Act, 1871, shall apply to such constable and officer as if he were the person named in the warrant mentioned in that section, and as if the seizure were a seizure in pursuance of that section. Saving of rights of municipal boroughs. Definitions. Short title and construction of Act. 5. Nothing in this Act contained shall extend to authorise the hawking of petroleum within the limits of any municipal borough in which, by any lawful authority, such hawking shall have been or may hereafter be forbidden. 6. For the purposes of this Act The expression "carriage" includes any carriage, waggon, cart, truck, vehicle, or other means of conveyance by land, in whatever manner the same may be drawn or propelled; and A person shall be deemed for the purposes of this Act to hawk petroleum if by himself or his servants he goes about carrying petroleum to sell, whether going from town to town or to other men's houses, or selling it in the streets of the place of his residence or otherwise, and whether with or without any horse or other beast bearing or drawing burden. 7. This Act may be cited as the Petroleum (Hawkers) Act, 1881. This Act shall be construed as one with the Petroleum Acts, 1871 and 1879, and together with those Acts may be cited as the Petroleum Acts, 1871 to 1881. (1) These By-laws shall apply to all parts of the Harbour of Application. within the jurisdiction of the limits of whose jurisdiction are set forth in the Schedule hereto. the (2) The expressions contained in these By-laws shall have the Interpretameanings respectively assigned to them in the Petroleum Acts, 1871 tion. and 1879, and in this By-law. "Petroleum" shall have the same meaning as "petroleum to which this Act applies" in the Petroleum Act, 1871, as amended by the Petroleum Act, 1879, and shall not include carbide of calcium. "Petroleum ship" shall mean any ship having on board petroleum as cargo. "Owner" shall mean Owner or Master of the petroleum ship or the owner of the petroleum. "Harbour Master" shall mean the Harbour Master or other officer duly appointed by the Harbour Authority or any person having authority to act in such capacity. "Quay" shall mean any quay, pier, jetty, wharf, landing stairs, shore or other landing place within the Harbour. (3) The Master of every petroleum ship shall, on nearing the Red flag or Harbour, and during the time that such ship remains in the Harbour, light. display by day a red flag not less than 3 feet square, and by night a red light, on the masthead (or, if the said ship has no mast, on a staff). (4) The Owner of every petroleum ship on entering the Harbour Notice, Berthing of ship. General Rules for landing petroleum. shall, without delay, inform the Harbour Master of the quantity of petroleum on his ship and of the manner in which such petroleum is stored, and this shall be deemed to be the notice to the harbour authority required by Section 5 of the Petroleum Act, 1871. (5) The Master of every petroleum ship shall anchor or moor his ship only at such place as the Harbour Master shall from time to time direct, and shall not remove his ship therefrom, except for the purpose of leaving the Harbour, without the written order or permission of the Harbour Master. No petroleum ship shall be anchored or moored at any place other than that approved by the Harbour Master, whether for the purpose of landing or shipping petroleum or otherwise. (6) The following General Rules in respect of the unloading of petroleum within the Harbour shall be duly observed: (a) Before any petroleum is landed the Owner shall give due notice to the Harbour Master of the time and place of such landing. (b) No petroleum shall be landed at any Quay other than such Quay as the Harbour Master shall from time to time direct. (c) Before any petroleum contained in barrels, or other vessels, is landed, the holds of a petroleum ship shall be thoroughly ventilated, and after all petroleum has been removed from any petroleum ship, the holds and tanks shall be thoroughly cleansed. Provided that this By-law shall not be deemed to require the cleansing of the tanks of a tank steamer which leaves the Harbour immediately after the discharge of the cargo, and of which the tanks are closed up immediately after such discharge. (d) Petroleum shall not be landed except between the hours of sunrise and sunset, (e) From the time when the holds or tanks of a petroleum ship are first opened for the purpose of landing petroleum until such time as all petroleum shall have been removed from such ship, and the holds or tanks shall have been thoroughly cleansed as required by this By-law, there shall be no fire or artificial light on board such ship or at or near the place where the petroleum is being landed. Provided that this By-law shall not prevent the use of a safety lamp of a construction approved by the Harbour Master. (ƒ) The Owner shall not allow any smoking at or near the place |