344 1908.] Consolidated Statutes.

New Zealand.

Short Title.

Enactments consolidated.

Savings

EXPLOSIVE AND DANGEROUS GOODS. 1908, No. 57.

Interpretation. 1882, No. 60, sec. 2 1882, No. 61, sec. 2 1897, No. 9, sec. 2 1906, No 11. seo. 4

AN ACT to consolidate certain Enactments of the General Assembly relating to the Manufacture of Explosives and the Carriage and Deposit of Explosive and Dangerous Goods.

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows :—

1. (1.) The Short Title of this Act is " The Explosive and Dangerous Goods Act," 1908."

(2.) This Act is a consolidation of the enactments mentioned in the First Schedule hereto, and with respect to those enactments the following provisions shall apply:—

(a.) All offices, appointments, Orders in Council, orders, licenses, rules, regulations, by-laws, and generally all acts of authority which originated under any of the said enactments, and are subsisting or in force on the coming into operation of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where neces-sary, be deemed to have so originated.

(b.) All matters and proceedings commenced under any such JJJ enactment, and pending or in progress on the coming into

operation of this Act, may be continued, completed, and enforced under this Act.

(3.) This Act is divided into Parts, as follows :— P A R T I.—Explosives. (Sections 3 to 1 8 . ) P A R T II.—Specially Dangerous Goods and Petroleum. (Sec-

tions 19 to 45.) 2. In this Act, if not inconsistent with the context,—

" Carrier " includes all persons carrying goods or passengers for hire by land or water :

Explosive and Dangerous Goods. [No. 57. £45

" Explosive " or " explosives " means— (a.)^Gunpowder, nitro-glycerine,Pdynamite, gun-cotton,

blasting-powders, fulminate of mercury or of other metals, coloured fires, and every other ̂ substance, whether^similar to^those above mentioned^or not, used or manufactured with a view to produce a practical effect by explosion or a pyrotechnic effect; and includes ^ Jj (6.) Fog-signals, fireworks, fuses, rockets, percussion caps, detonators, cartridges, ammunition of all descriptions, and every adaptation or preparation of explosives :

" Local authority " means a County Council, a Borough Council, a Town Board, or a Harbour Board :

" Minister " means the Minister of Customs or such other Minister, being a member of the Executive Council, as may be from time to time appointed by the Governor to administer Part I of this Act:

" Petroleum " means and includes all such rock oil, Rangoon oil, Burmah oil, any product of them, and any oil made from petroleum, coal, schist, shale, peat, or other bituminous substance, and any product of them, as gives off anjnflam-mable vapour at a temperature of less than one hundred and ten degrees Fahrenheit:

" Ship " includes boat, hulk, and vessel of any description " Warehouse-owner " includes all persons owning or managing

any warehouse, store, quay, or other premises in or on which goods are deposited.

PART I. E X P L O S I V E S .

3. A factory for making explosives in any manner, or a magazine for keeping or storing explosives, shall not be established or maintained except on the site and in the manner specified in a license for the same granted under this Act.

4. (1.) Licenses to make explosives or any description of explosive may be granted by the Minister upon such terms and conditions as he thinks fit.

(2.) The Minister may require any applicant for such license to submit a plan (drawn to scale) of the proposed factory and the site thereof, and such plan shall be deemed to form part of the license and to be in this Act included in thai expression " the license."

5. Such license shall contain the terms that the Minister thinks fit to insert therein, and shall specify such of the following matters as he thinks apphcable, namely :—

(a.) The boundaries of the land forming the site of the factory, and the beltof land surrounding the site, which is to be kept clear, and the|buildings and works, trees, shrubs, or other growing or dead timber from which the belt is to be kept clear, or the dis-tances to be maintained between the factory or any part thereof and other buildings and works, or between such buildings and works and such trees, shrubs, or growing or dead timber ;

Factories and magazines. 1882, No. 61, sec. 3

License to make explosives. Ibid, sec. 4

Plan of factory to be submitted.

Conditions of license. Ibid, sec. 5

346 1908.] Consolidated Statutes.

Explosives to be manufactured only at a licensed factory. 1882, No. 61, sec. 6

What is an unauthorised place. Ibid, sec. 7

Manufacturing explosives at an unauthorised place. Ibid, sec. 8

Where explosives may be kept or stored. Ibid, sec. 9

Keeping explosives in an unauthorised place. Ibid, sec. 10

(b.) The nature of the processes to be carried on in the factory and in each part thereof, and the place at which each process of the manufacture and each description of work connected with the factory is to be carried on, and the places in the factory at which any explosive, and any ingredients of any explosive, and any articles liable to spontaneous ignition, or inflammable, or otherwise dangerous, are to be kept;

(c.) The maximum number of persons to be employed in each build-ing in the factory ; and

(d.) Any special terms the Minister thinks fit to insert therein, by reason of any circumstances connected with the locality, the situation, or construction of any buildings or works, or the nature of any process, or otherwise having regard to the safety of the public.

6. (1.) The manufacture of any explosive shall not, nor shall any process of such manufacture, be carried on except at a factory duly licensed for the manufacture of that explosive under this Act.

(2.) This section does not apply to the making of a small quantity of any explosive for the purpose of chemical experiment, and not for practical use or for sale.

7. If any person manufactures any explosive, or carries on any process of such manufacture, or keeps or stores the same at any place at which he is not allowed so to do by this Act or by a license issued hereunder, he shall be deemed to manufacture or keep or store explosives at an unauthorised place.

8. Where any explosive is manufactured at an unauthorised place—

(a.) All or any part of the explosive, or the ingredients thereof, found in or about such place, or in the possession or under the control of any person convicted under this section, may be forfeited; and

(b.) The person so manufacturing shall be liable to a fine not exceeding fifty pounds for every day during which he so manufactures.

9. (1.) An explosive shall not be J*:ept at any place except as follows, that is to say :—

(a.) In the licensed factory in which the explosive is manufac-tured ; or

(b.) In a magazine or store licensed under this Act for keeping that explosive ; or

(c.) As provided by a license or other sufficient authority issued under " The Arms Act, 1908." •

(2.) This section does not apply to the keeping of any explosive by a carrier or other person for the purpose of conveyance when the same is being conveyed or kept in accordance with the provisions of this Act and any other Act relating to the conveyance of explosives.

10. Where any explosive is kept or stored in an unauthorised place—

(a.) All or any part of the explosive found in such place may be forfeited; and

(b.) The occupier of such place, and also the owner of the explosive or other person keeping or storing the same, shall each be

Explosive and Dangerous Goods. [No. 57. £45

liable to a fine not exceeding five shillings for every pound of explosive so kept.

11. Where any breach of this Act or of any regulations hereunder offences in factory is committed in any factory or magazine— o r m a g a z m e -

(a.) All or any part of the explosive, or ingredients thereof, in ' 1 ,sec' respect to which, or being in any building or machine in respect to which, the offence was committed, may be for-feited ; and

(b.) The occupier shall be liable to a fine not exceeding ten pounds, and, in addition, in the case of a second offence, ten pounds for every day during which such breach continues.

12. Licenses may be granted by the Minister on such terms and Licenses for storing conditions as he thinks fit for keeping and using magazines for the storage explosives in • , ^ m ^ 0 ° rnftffuziTiGS of explosives or any description of explosive made under any license Ibid sec 13 granted under section four hereof, and all the foregoing provisions shall extend and apply to licenses for the purpose authorised by this section.

13. The Minister may refuse to grant any license under this Part Minister may of this Act if he thinks the public safety so requires, or he may permit the ,refuse to issue . license. issue thereof subject to such conditions, limitations, or modifications as Ibid sec lt5 he thinks fit.

14. (1.) The Minister may from time to time appoint any place, Minister may building, or hulk he thinks suitable to be used as a magazine for the appoint public storage and keeping of explosives or any description of explosive, whether ibidi seC. i'4 manufactured or imported.

(2.) Such magazines and storehouses shall not be subject to the foregoing provisions of this Act relating to factories or licenses, but shall be subject to regulations under this Act.

(3.) All magazines or storehouses now used for the purposes afore- Public magazines said, and used by or under the control of the Government, shall be deemed appointed'under"5

to have been appointed under this Act, and may be brought under any this Act. such regulations as aforesaid.

15. (1.) The Governor may from time to time, by Order in Governor in Council Council gazetted, make regulations— regulations.

(a.) Controlling the importation of explosives into New Zealand : ibid, sec. 17 (6.) Prohibiting and preventing Jie importation into New Zealand, 3

or the manufacture, storage, transport, or sale in New Zea-land, of explosives that, by reason of their composition, quality, grade, or character, are in his opinion too dangerous for use.:

(c.) Condemning all such explosives as last aforesaid, and pro-viding for the destruction or other disposal thereof :

(d.) Providing for the inspection and testing of explosives : (e.) For the issue, transfer, and determination of licenses issued

under this Part of this Act: (/.) Regulating the mode of manufacture of explosives, and the

use of factories, ma'gazines, stores, and buildings occupied or used under any license :

(g.) Prescribing what fittings or appliances shall be kept or used in any such factory, magazine, store, or building :

(h.) Prescribing rules for the conduct of workmen and others employed therein, and for securing the due safety of the public:

348 • 1908.] Consolidated Statutes.

Regulations to be laid before Parliament. 1882, No. 61, sec. 18

Sales of explosives to be entered in a book. 1906, No. 11, sec. 2

Explosives to be marked.

Sales to young persons or strangers.

Fines for breaches of section.

Limitation of section.

(i.) For the inspection and examination of all buildings and places licensed under this Part of this Act, or in which any explosive is stored or manufactured :

(j.) Regulating the control and management of public magazines, and declaring the terms and conditions on which explosives may be stored or kept therein :

(k.) Prescribing the fees or rents to be charged for the keeping or storage of explosives in any such magazine, and the persons by whom the same shall be payable :

(Z.) Providing for the licensing of carriers of explosives, and of lighters, and prohibiting the carriage of explosives by un-licensed persons or in unlicensed lighters :

(m.) Providing for the licensing of dealers in explosives or any speci-fied kind of explosive, and prohibiting the sale of explosives or any specified kind of explosive by unlicensed persons:

(n.) Fixing a scale of fees payable under this Act or the regulations: (o.) Prescribing the form of book to be kept for entering particulars

of sales of explosives, and providing for the inspection of such book and the entries therein by any constable or fishery officer appointed under " The Fisheries Act, 1908 " :

(p.) Prescribing the mode of marking packages of explosives: (q.) Generally for such other purposes as he deems expedient in the

interests of the public safety : (r.) Imposing fines not exceeding fifty pounds for breach of any

such regulations. (2.) A copy of all such regulations shall, within fourteen days

after the gazetting thereof, be laid before Parliament if sitting, and if not, then within fourteen days after the commencement of the next ensuing session.

16. (1.) Every sale of explosives shall, at the time of sale and before delivery, be entered by the person who sells the same, or by his assistant, in a book to be kept (in the prescribed form) for that purpose, together with the date of sale, the quantity and description of explosive sold, and the name, address, and occupation of the purchaser.

(2.) No explosive shall be sold or delivered unless the package in which it is contained is distinctly marked on the outside with the word "explosive," and with the name and address of the seller.

(3.) No person shall sell any explosive— (a.) To any person who is apparently under fifteen years of age; or (6.) To any person who is unknown to the seller, unless the sale is

made in the presence of some witness who is known to the vendor and to whom the purchaser is known, and unless such witness and such purchaser, before delivery of the explosive to the purchaser, sign their names and their respec-tive places of abode to the entry in the book hereby required to be kept.

(4.) Every person who actually sells or delivers any explosive con-trary to this section, and every person on whose behalf such sale is made, shall severally be liable to a fine not exceeding twenty pounds.

(5.) This section applies only to such explosives as are from time to time declared by the Governor, by Order in Council gazetted, tc be explosives within the meaning of this section.

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1 7 . ( 1 . ) All fines imposed by this Part of this Act, or any regula- Recovery of fines, tions made thereunder, shall be recoverable in a summary way before 1882' No- 61 -sec-19

two or more Justices. (2.) All forfeitures under this Part of this Act shall be dealt with Disposal of

and disposed of as goods forfeited under " The Customs Law Act, 1908," forfeitures-may be dealt with and disposed of.

(3.) All license fees and rents received under this Part of this Act License fees, &c. in respect of magazines, and the storage of explosives, shall be paid into 1876, No. 48, sec. 25 the Public Account as part of the Consolidated Fund.

18. Nothing in this Part of this Act shall be deemed to annul or other Acts not derogate from the provisions of any other Act in force relating to the affected-

• , • i • £ l - -4.-U- 1882, No. 61, sec. 20 making, carrying, using, storing, or keeping oi any explosive witnm the meaning of this Part of this Act:

Provided that no person shall be prosecuted twice for the same offence.

PART II. SPECIALLY D A N G E R O U S G O O D S A N D P E T R O L E U M .

19. The goods commonly known as nitro-glycerine or glonoine Spe cially dangerous oil shall be deemed to be specially dangerous within the meaning of this ^n^ngercras soods

Act; and petroleum, as by this Act defined, shall be deemed to be 1882j 60, sec. 3 dangerous within the meaning of this Act.

20. The Governor may from time to time, by Order in Council other goods may be gazetted, declare that any goods named in such Order (other than nitro- d a n ^ r o u ? ^ Order glycerine or glonoine oil) are to be deemed to be specially dangerous in Council. y r ^ within the meaning of this Act; and the goods so named shall, whilst ibid, sec. 4 the Order in Council continues in force, be deemed to be specially dangerous within the meaning of this Act.

21. (1.) The Governor may from time to time, by Order in Council Governor may gazetted, declare that the provisions or any specified provisions of this jj^^^jp®!^^ Part of this Act-shall apply to petroleum as defined by section two hereof, petroleum. or to any specified article or product coming within the meaning of ibid, sec. 5 petroleum as so defined, notwithstanding that the same does not giye off an inflammable vapour at a temperature of less than one hundred and ten degrees Fahrenheit.

(2.) Such Order in Council may also declare that its operation Order may apply to shall extend to the whole of New Zealand or to any specified part or JewZeaiamf °f

parts thereof. ibid, sec. 6 (3.) Whilst such Order continues in force the petroleum, or articles,

or products therein mentioned shall be subject to the provisions of this Part of this Act, or to such of them |as are specified in the Order.

22. (1.) No person shall deliver any specially dangerous goods Specially dangerous to any warehouse-owner or carrier, or send or carry or cause to be sent go°ds be ™arked> J . ' J . and notice oi or carried any such goods upon any railway or tramway or m any ship character of such to or from any port in New Zealand, or deposit any such goods in or ?oods be §lven •c. r 7 r J . o to carrier, &c. upon any warehouse or quay, unless the true name or description of such ibid, sec. 7

goods, with the addition of the words " Specially dangerous," is dis-tinctly written, printed, or marked on the outside of each package con-taining such goods, nor, in the case of delivery to or deposit with any,

350 1908.] Consolidated Statutes.

1882, No. 60, sec. 8

Such goods need not be received. Ibid, sec. 9 Mooring of ship carrying such goods or petroleum. Ibid, sec. 10

Mooring ship con-trary to regulations. Ibid, sec. 11

Receptacle containing petroleum to be marked. Ibid, sec. 12

Storage of specially dangerous goods or petroleum. Ibid, sec. 13

Exception.

warehouse-owner or carrier, without also giving notice in writing to him of the name or description of such goods and of their being specially dangerous.

(2.) Goods delivered, sent, carried, or deposited in breach of this section shall be forfeited, and shall be disposed of in such manner as the Minister directs, whether any person is liable to be convicted of any such breach or not.

(3.) Every person who commits a breach of this section is liable on indictment to a fine not exceeding five hundred pounds, or, at the discretion of the Court, to imprisonment with or without hard labour for any term not exceeding two years : Provided that—

(a.) No such person shall be liable to imprisonment, or to a fine of more than two hundred pounds, if he shows to the satis-faction of the Court that he did not know the nature of the goods to which the indictment relates ; and

(b.) No person accused of having committed any such breach shall be liable to be convicted thereof if he shows to the satisfac-tion of the Court that he did not know the nature of the goods to which the indictment relates, and that he could not, with reasonable diligence, have obtained such knowledge.

23. No warehouse-owner or carrier shall be bound to receive or carry any specially dangerous goods.

24 . Every ship carrying a cargo consisting wholly or in part of specially dangerous goods or of petroleum, on entering any harbour within New Zealand, shall, as regards her mooring-place, conform to the provisions of " The Harbours Act, 1908," and any regulations thereunder.

25 . If any ship is moored in any place in breach of such Act or regulations the owner or master of such ship is liable to a fine not exceed-ing twenty pounds for each day during which the vessel remains so moored, and the Harbourmaster or any other person acting under his orders may cause such ship to be removed at the expense of the owner thereof to such place as may be in conformity with the said Act or regu-lations, and all expenses incurred in such removal may be recovered from the owner or master in a summary way.

26. (1.) No person shall sell or expose for sale, for use within New Zealand, any petroleum, unless the receptacle containing the same has attached thereto a label bearing these words in legible characters : " Dangerous," in letters of not less than half an inch in length; and " No light to be brought near," in letters of not less than a quarter of an inch in length.

(2.) Every person who commits a breach of this section is liable for each offence to a fine not exceeding five pounds.

27. (1.) Except as herein provided, specially dangerous goods and petroleum shall not be kept in any place not being a public place of deposit for the same, otherwise than in pursuance of a license under this Part of this Act.

(2.) All petroleum or specially dangerous goods kept in breach of this section shall be forfeited, and the occupier of the place in which the same are kept shall be liable to a fine of twenty pounds for each day during which such breach continues.

(3.) This section does not apply to any petroleum (not exceeding ten gallons) kept for private use and not for sale.

Explosive and Dangerous Goods. [No. 57. £45

Administration by Local Authorities. 28. (1.) A local authority may build or construct, or acquire by Local authority

purchase or otherwise, and maintain any building, premises, or ship ^j®81^ ^ (whether within or beyond its district) as a public place of deposit for the depositPfOTeS °f

safe custody of petroleum and specially dangerous goods : petroleum, &c. Provided that no such place of deposit shall be established or main- l882' N a 60'sec' 14

tained beyond such district except with the consent of the local authority of the district or the Harbour Board of the port wherein it is proposed to establish or maintain the same.

(2.) A local authority may make agreements with any other local authority for the joint establishment or purchase of any such place of deposit, and for the regulation, maintenance, and control of the same, and the apportionment of the cost thereof and of the revenue therefrom respectively.

(3.) A local authority may apply such portion of its funds or revenues for the purposes of this section as it thinks fit.

(4.) Subject to the special provisions of this Act, every power hereby conferred upon a local authority shall be exercised in like manner as powers within the ordinary scope of its functions are exercisable.

29. Licenses under this Part of this Act to store petroleum or May grant licenses specially dangerous goods may be granted by the local authorities or Ibid'sec-15

persons following, that is to say :— (a.) By any local authority within any part of New Zealand under

its control or management: (b.) By any Harbour Board within the port or harbour under its

control, and if the limits of such port or harbour are so defined as to bring any part thereof within the control of any local authority other than the Harbour Board, then the Harbour Board alone shall have the power of granting licenses therein to the exclusion of such other local authority:

(c.) By a Magistrate in any county where the whole of "The Counties Act, 1908," is not in force, and there is no local authority therein:

Provided that if there is no Magistrate therein, then the powers of the Magistrate under this paragraph may be exer-cised by any two Justices.

30 . (1.) Licenses granted by a local authority shall be valid if Manner of granting signed by two or more of the members of the local authority, or if 16 executed in any other way in whioh other licenses (if any) granted by such authority are executed.

(2.) Licenses granted by a Magistrate or two Justices shall be valid if signed by the Magistrate or Justices granting the same.

31 . (1.) There may be annexed to any such license conditions as to What conditions all or any of the following matters :— tTücense™6̂

(a.) The quantity of petroleum and specially dangerous goods re- ibid, sec. 17 spectively that may be stored in any premises ;

(6.) The mode of storage, and the nature and situation of the premises in which and the nature of the goods with which petroleum or specially dangerous goods may be stored ;

(c.) The mode of carrying petroleum and specially dangerous goods within the district of the local authority ;

352 • 1908.] Consolidated Statutes.

License may be for particular class of goods only. 1882, No. 60, sec. 18

Fees-

Where license refused, &c., applicant may appeal to Minister. Ibid, sec. 20

Ibid, sec. 21

Local authority may make by-laws, and fix rates, charges, and license fees. Ibid, sec. 22

(d.) The facilities for the testing of petroleum and specially dangerous goods from time to time ; and

(e.) Generally as to the safe keeping of petroleum and specially dangerous goods in such manner as the local authority deems expedient.

. (2.) Any such license may he for petroleum alone, or for speci-ally dangerous goods alone, or for both, and the conditions aforesaid may be made applicable to any specified goods, being petroleum or specially dangerous goods, or to all such goods generally.

(3.) Any such license may be granted either for one year or for any shorter period, and all fees therefor shall be payable on the granting thereof.

(4.) Such fees shall be fixed by the local authority granting the license, and by the Minister where the license is granted by the Magis-trate or two Justices under paragraph (c) of section twenty-nine hereof; and in the latter case the fees shall be the revenue of the county in which the license is granted.

(5.) Every licensee who violates any of the conditions of his license shall be deemed to be an unlicensed person.

32 . (1.) If on any application for any such license the local autho-rity refuses the license, or grants the same on conditions with which the applicant is dissatisfied, the local authority shall, if required by the appli-cant, 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 it refused the license or annexed conditions to the grant thereof.

(2.) Within fifteen days from the time of the delivery of the certifi-cate the applicant may transmit the same to the Minister 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 the manner and to the extent set forth in such memorial.

(3.) The Minister, if he thinks fit, on consideration of such memorial and certificate, may appoint some person to inquire into and report upon the matter, and on receiving such report may either refuse the license prayed for or may grant the same either absolutely or on such conditions as he thinks fit.

(4.) A license so granted shall be to all intents as valid as if granted by the local authority.

(5.) The provisions of this section relating to the local authority shall, mutatis mutandis, apply to the Magistrate or Justices in cases where the application for the license is tnade to the Magistrate or Justices.

33 . Every local authority may— (a.) Make by-laws not inconsistent with " The Harbours Act, 1908,"

or " The Shipping and Seamen Act, 1908," for the efficient administration of this Part of this Act:

(b.) Appoint all necessary officers therefor : (c.) Fix from time to time, by notice published m a newspaper

circulating in its district, any place of public deposit for the purposes of this Part of this Act:

(72.) Fix the amount of rates and charges to be paid for the custody of petroleum or specially dangerous goods in any public place of deposit, and of fees to be paid in respect of licenses issued under this Part of this Act, all of which rates, charges, and fees

Explosive and Dangerous Goods. [No. 57. £45

shall be revenue of the local authority of the district wherein they become payable.

As to Testing Petroleum. 34. For the purposes of the three next succeeding sections the Dealer defined,

term " dealer " means any dealer in or vendor of petroleum or other in- l882»No- 60>sec-23

flammable oil, or his agent or servant, or the person in charge of any building, premises, or ship where such petroleum or oil is kept.

35 . (1.) Any person authorised by the local authority, and any officer may enter constable, may enter, at any reasonable hour in the daytime, any building Pr̂ mj®®s obtain

or premises or any ship wherein any petroleum or other inflammable petroleum, &c . oil is kept either in bulk or in detailed quantities, and may purchase such [bid, sec. 23 petroleum or oil from the dealer, and on producing a copy of his appointment purporting to be certified by the Clerk or some member of the local authority, or producing some other sufficient warrant, may require the dealer to show him every or any place and all or any of the receptacles in which any petroleum or inflammable oil in his possession is kept, and to supply him with samples on payment of the value thereof.

( 2 . ) Every dealer is liable to a fine not exceeding twenty pounds Ibid, sec. 27 who refuses to show to such person or constable every or any place or all or any of the receptacles in which petroleum or inflammable oil in his possession is kept, or to furnish such person or constable with such light and assistance as he requires for examining the same, or to supply him with samples of such petroleum or oil on payment of the value thereof, or who wilfully obstructs him in the execution of this Act.

36. On the completion of the purchase of any sample as afore- Testing of said such person or constable may declare in writing to the dealer that he is about to test the same or cause the same to be tested in the 1 'sec' manner set forth in the Second Schedule hereto, and he may test the same or cause the same to be tested at any convenient place at such reasonable time as he appoints, and the dealer or any person appointed by him may be present at the testing.

37 . (1.) If it appears to the constable or other person so testing that Further analysis in the petroleum or oil from which such samples have been taken is petro- case of dispute, leum or oil to which this Act applies, he may certify such fact, and the Ibld'sec'25

certificate so given shall be receivable as evidence in any proceeding taken under this Act.

(2.) Any dealer proceeded against may give evidence to show that such certificate is incorrect; and thereupon the adjudicating Justices may, if they think fit, appoint some person skilled in testing petroleum or other inflammable oils to examine the samples to which the certificate relates, and to declare whether the same is correct or incorrect.

(3.) All expenses incurred in testing any petroleum or oil under this Expenses of section shall, if such dealer is convicted of keeping, sending, conveying, 26 selling, or exposing for sale petroleum in breach of this Act, be deemed to be part of the costs of the proceedings against him, and shall be paid by him accordingly.

(4.) In any other event such expenses shall be paid by the local authority out of any funds for the time being in their hands.

(5.) The amount payable to the analyst for any test made under this Act shall be not less than five and not more than twenty shillings, as the Justices decide.

II—33.

354 1908.] Consolidated Statutes.

Search for petroleum, &c. 1882, No. 60, sec 28

Refusing admittance to officer. Ibid, sec. 29

Powers of Justices. Ibid, sec. 30

Liability of officer.

Recovery of fines. Ibid, sec. 31

Rewards to informers. Ibid, sec. 32

Legal rights as to nuisances not barred. Ibid, sec. 33 Disposal of forfeitures and rents. Ibid, sec. 35

Search for Petroleum and Specially Dangerous Goods. 38. (1.) Where any Justice is satisfied, by information on oath,

that there is reasonable ground to believe that any petroleum or any specially dangerous goods are being kept, sent, conveyed, or exposed for sale in breach of this Act at any place, whether a building or not, or in any ship of any kind, or in any vehicle, such Justice shall grant a warrant by virtue whereof any person named therein may, with or without assistants, enter the building, place, ship, or vehicle named in such war-rant, and every part thereof, and examine the same and search for petroleum and specially dangerous goods therein.

(2.) If any petroleum or specially dangerous goods found therein are being kept, sent, conveyed, or exposed for sale in breach of this Act, such person or his assistants may seize and remove such petro-leum and specially dangerous goods, and any receptacle containing the same, and detain such petroleum or specially dangerous goods and such receptacles until two or more Justices have determined whether the same are or are not liable to forfeiture.

(3.) Every person who, by himself or by any one in his employ or acting by his direction or with his consent, refuses or fails to show or admit into any place occupied by him or under his control any person demanding to enter in pursuance of any such warrant as aforesaid, or in any way obstructs or prevents him or his assistants in or from making any such search, examination, or seizure, is liable to a fine not exceeding twenty pounds, and shall forfeit all petroleum or specially dangerous goods, and every receptacle containing the same, found in his possession or under his control.

General Provisions. 39. (1.) Any two or more Justices are hereby empowered to hear

and determine whether any petroleum or specially dangerous goods con-veyed, carried, sent, deposited, kept, or exposed for sale in breach of this Act shall or shall not be forfeited :

Provided that proceedings for any such' forfeiture shall be com-menced within twenty-eight days after the seizure.

(2.) No person seizing anything in pursuance of the powers herein-before contained shall be liable to any action for detaining the same, or for any loss or damage incurred in respect of anything seized, unless such loss or damage arises through his wilful act or neglect while the same is so detained.

40 . The fines imposed by section twenty-two hereof shall be re-coverable only on indictment, and not in a summary way; and all other fines under this Part of this Act shall be recoverable in a summary way before any two or more Justices.

41 . One moiety of every fine under this Part of this Act shall be paid to the local authority of the district within which the offence was committed, and the other moiety to the informer.

42 . Nothing in this Part of this Act shall be deemed to exempt any person from any liability or penalty to which he would otherwise be subject in respect of a nuisance.

43 . All forfeitures under this Part of this Act shall be sold and disposed of in like manner as goods forfeited under " The Customs

i

Explosive and Dangerous Goods. [No. 57. £45

Law Act, 1908," are sold and disposed of, and the proceeds of such sale shall be disposed of in such manner as the Minister directs.

44 . All powers given by this Part of this Act shall be deemed to Saving of other

be in addition to and not in derogation of any other powers conferred statutory powers ,

on any local authority or Harbour Board by any other Act. " ~ ' " 45 . Nothing in this Part of this Act shall be so construed as in other Acts not to

any way to annul or derogate from any of the provisions of " The be affected by this

Shipping and Seamen Act, 1908," or " The Harbours Act, 1908," or of Ibid? sec. 36 any regulations thereunder respectively :

Provided that no person shall be prosecuted twice for the same offence.

SCHEDULES.

FIRST SCHEDULE. ENACTMENTS CONSOLIDATED.

1876, No. 48.—" The Financial Arrangements Act, 1876 " : Section 25. 1882, No. 60.—" The Dangerous Goods Act, 1882." 1882, No. 61.—" The Explosives Act, 1882." 1897, No. 9.—" The Explosives Act Amendment Act, 1897." 1906, No. 11.—" The Sale of Explosives Act, 1906."

S E C O N D S C H E D U L E . Sect ion 36.

DIRECTIONS FOR APPLYING THE FLASHING T E S T TO SAMPLES OF P E T R O L E U M O I L . 1882, NO. 60, Schedule .

THE vessel that is to hold the oil shall he of thin sheet iron; it shall be two inches deep and two inches wide at the opening, tapering slightly towards the bottom ; it shall have a flat rim with a raised edge one quarter of an inch high round the top ; it shall be supported by this rim in a tin vessel four and a half inches deep and four and a half inches in diameter ; it shall also have a thin wire stretched across the opening, which wire shall be so fixed to the edge of the vessel that it shall be a quarter of an inch above the surface of the flat rim. The thermometer to be used shall have a round bulb about half an inch in diameter, and is to be graduated upon the scale of Fahrenheit, every ten degrees occupying not less than half an inch upon the scale.

The inner vessel shall be filled with the petroleum to be tested, but care must be taken that the liquid does not cover the flat rim.

The outer vessel shall be filled with cold or nearly cold water ; a small flame shall be applied to the bottom of the outer vessel, and the thermometer shall be inserted into the oil so that the bulb is immersed about one and a half inches beneath the surface.

A screen of pasteboard or wood shall be placed round the apparatus, and shall be of such dimensions as to surround about two-thirds of it and to reach several inches ab ovo the level of the vessels.

When heat has been applied to the water until the thermometer has risen to about ninety degrees Fahrenheit, a very small flame shall be quickly passed across the surface of the oil on a level with the wire.

If no pale-blue flicker or flash is produced, the application of the flame is to be repeated for every rise of two or three degrees in the thermometer.

When the flashing-point has been noted, the test shall be repeated with a fresh sample of the oil, using cold or nearly cold water as before, withdrawing the source of heat from the outer vessel when the temperature approaches that noted in the first experiment, and applying the flame-test at every rise of two degrees in the temperature.

I I—23* .