bring down with intent to load more gunpowder than that carried 23 & 24 Vict. away, on pain of forfeiting all gunpowder so loaded or brought down contrary hereto.] c. 139. vessels. 22. Any person having the care or management of any barge, Smoking, &c., on boat, or other vessel whatsoever (except ships or vessels with gunpowder gunpowder on board imported from or to be exported to places beyond sea, or going coastwise,) loaded with gunpowder, or any other person on board the same, who brings, has, or uses, or permits any person to bring, have, or use, any charcoal, lucifer matches, or other combustible matter, or any fire or lighted candle, during the time of loading or unloading, or when the hatches are open, or smokes or wittingly permits any person to smoke on board such barge, boat, or vessel— [Penalty not exc. £5 (k).] or unloading. 23. No person having the care of any waggon, cart, or other Delay in loading carriage used for the conveyance of gunpowder by land shall, ' after beginning to place or load therein any quantity of gunpowder, or beginning to unload the same thereout, stop or stay at any place of loading,—or in the loading or unloading suffer any longer time to pass than with the use of all due diligence shall be reasonably necessary for the purpose of loading or unloading;—and no person, having the charge or care of any barge, boat, or other vessel used for the conveyance of gunpowder by water, (except in the case of vessels loading for importation or exportation of gunpowder to or from places beyond sea, or going coastwise,) shall, after beginning to load or unload any quantity of gunpowder, stop or stay at any wharf, quay, or other place of loading, or in the loading or unloading thereof suffer any longer time to pass than with the use of all due diligence shall be reasonably necessary for the purpose of loading or unloading, not exceeding 18 hours, unless hindered by the weather[Penalty not exc. £10 (k).] 24. [The aforesaid provisions relative to the conveyance or Extent of such loading of gunpowder shall extend only to gunpowder exceeding provisions. 100 lbs. weight.] 25. [Any justice, within whose jurisdiction gunpowder (n) is Search (k) Procedure.—See note (b), ante, p. 323. (Metropolis.-Every superintendent or inspector of the Metropolitan Police may enter and search any ship or boat (except Her Majesty's ships) in the River Thames, and the docks and creeks thereof, and exercise the powers of seizing, moving, and detaining gunpowder as are given hereby to persons searching under a justice's warrant (s. 36, reciting 2 & 3 Vict. c. 47, s. 35). (m) Malicious injuries.-Persons acting under a warrant issued under 9 & 10 Vict. c. 25 shall have for seizing, moving, and detaining gunpowder, explosive, dangerous, or noxious substances found upon search, intended for an offence under that Act, with the barrels or cases, the same powers as are here given under this warrant (s. 36). (n) Percussion caps, ammunition, fireworks, fulminating mercury and other warrants (1), (m). c. 139 23 & 24 Vict. suspected to be made, kept, or carried, contrary to this Act, on reasonable cause assigned upon oath, may issue a warrant for searching in the daytime any place or vessel; and all gunpowder found to be made, kept, or carried contrary to this Act, with the receptacles, shall be immediately seized and removed to a proper place; the carriage or vessel may be used for the removal, during 24 hours after seizure, with the tackling, beasts, and accoutrements (on payment afterwards by the seizer of a recompence for such use, to be settled by the justices, recoverable as penalties under this Act); the seizer may detain gunpowder and receptacles till it shall be adjudged, on a hearing before two justices, whether the same shall be forfeited ;-such seizer shall not be liable to any suit except for wilful act or neglect, or that of the persons with whom he intrusts the keeping: Provided, that proceedings (o) for such forfeiture shall be commenced within 28 days after seizure.] Regulations for the Thames. Searchers on the 26. [No master of any vessel in the Thames, outward-bound, shall receive or permit to be received on board (p) more than 25 lbs. of gunpowder (except for the Queen's service) before arrival at or below Blackwall, and the master of every vessel coming into the Thames shall (except gunpowder for service of the Crown) put on shore in proper places, in conformity to this Act, all gunpowder on board above 25 lbs. either before arrival at Blackwall, or within 24 hours (if the weather permit) after anchoring there, or to the place of unloading there, and shall not afterwards have on board more than 25 lbs. of gunpowder (except for service of the Crown), on pain of forfeiting in any such case all gunpowder above 25 lbs. found on board and its receptacles Penalty not exc. 2s. for each lb. above 25 lbs. (9).] 27. [The conservators of the River Thames shall from time to time appoint one or more of the harbour masters of the port of London, or other persons, searchers (q) for unlawful quantities of gunpowder () in vessels in the River Thames, which persons are hereby authorized, between sun-rising and sun-setting, to enter and search any vessel (except Her Majesty's ships) in the River Thames above Blackwall, and to have the same powers of seizing, removing, and detaining unlawful quantities of gunpowder with the receptacles, as are herein-before given to persons under a search warrant.] compositions of an explosive nature are within these sections (25 & 26 Vict. c. 98, s. 1). (0) Procedure. See note (b), ante, p. 323. (p) This Act shall not hinder unlimited quantities of gunpower in closedecked ships below Blackwall (s. 33). (9) See s. 25 and notes, supra. (r) See note (n), ante, p. 329. Hackney Carriages. See "STAGE AND HACKNEY CARRIAGES." Hawkers. See "PEDLARS." Health. See "SANITARY ACTS." Highways. 5 & 6 WILL. 4, c. 50 (amended by 2 & 3 VICT. c. 45); 25 & 26 VICT. c. 61; 27 & 28 VICT. c. 101. 1-4. [Repeals.] 5. ["Surveyor means surveyor of the highways or waywarden; "Parish" includes parish . . . or any other place or district maintaining its own highways; and wherever anything in this Act is prescribed to be done by the inhabitants of any parish in vestry assembled, the same shall extend to a meeting of inhabitants contributing to the highway rates in places where there shall be no vestry meeting; "Highways" means all roads, bridges (8) (not being county bridges), carriageways, cartways, horseways, bridleways, footways, causeways, churchways, and pavements; "Justices" means justices for the county or place in which the highway may be situate, or in which the offence may be committed; "Church" includes chapel; "Division" includes limit; "Owner" includes occupier; "Inhabitant" includes person rated to the highway rate.] 6, 7. [Election of surveyor.] (3) A public bridge repairable by immemorial custom by the inhabitants of a hundred is not a highway within the meaning of this section, and is not repairable under this Act by the parish in which it is situated; but it is a county bridge, and repairable by the hundred, within the exception of county bridges (R. v. Inhabitants of Chart and Longbridge, 39 L. J. M. C. 107; L. R. 1 C. C. R. 237; 34 J. P. 454; 22 L. T. N. S. 416; 18 W. R. 791). 5 & 6 Will. 4, c. 50. Definitions. 5 & 6 Will. 4, c. 50. Surveyor not acting. Surveyor neglecting duty. Inspection of rates. Accounts of monies. Surveyor to keep books and received, &c. 8. If any person who shall be chosen and elected, and who is not exempt shall refuse or neglect to take upon himself the office of surveyor, or to provide a sufficient deputy, to be approved of [by the justices, s. 7] [Penalty not exc. £20 (t), unless he can show good cause. A deputy to have powers and be subject to same duties and penalties as a surveyor.] 9-27. [Appointment and duties of surveyors. Any surveyor or district surveyor or assistant surveyor neglecting his duty under this Act Penalty not exc. £5 (t).] 28. [The surveyor may inspect at all reasonable times, or by writing grant authority to any person appointed by him to inspect, any rates made for the poor of the parish of which he is surveyor, or the books of assessments, without fee, and make copy or take extracts therefrom Penalty on refusing or neglecting to produce the same or allow extract, not exc. £5 (t).] 29-37. [Rates; excusal by justices.] 38. [Collectors shall deliver to the said surveyors accounts in writing of monies received by virtue of this Act, and a list of persons who have neglected to pay their rates, and of the monies due; and shall pay all monies due from him to the said surveyor; collector refusing or neglecting to pay monies due from him may be summoned, and if any money be found due he may compound with the surveyor, if not a warrant of distress may be issued for the same (u); if he refuse to render accounts, or deliver lists or books, &c., in his custody relating to the execution of this Act, or to give satisfaction to the surveyor Penalty not exc. £20 (u).] 39, 40. [The surveyor, district or assistant surveyor shall keep account of monies & book of accounts of all money come to his hands as surveyor, and of the payments; and an account of tools, materials, implements, and other things provided by him for repair of highways: such book shall be open to inspection of inhabitants (t) Procedure.-Within 6 months; 2 justices (s. 101). Penalty enforced by imprisonment, under Small Penalties Act, if not exc. £5 with costs (Introd. p. 31); or by distress, in default imprisonment not exc. 3 months, hard labour (s. 103): Payable, half to informer and the rest (or, if the surveyor is the informer, the whole) to the repair of the highways (s. 103). Costs to defendant where information is withdrawn or dismissed (s. 97). Arrest, see s. 79. Appeal, to sessions on notice to person appealed against within 14 days with statement of grounds of appeal (s. 105). No certiorari (s. 107). (") Procedure.-As in note (t); Penalty enforced by imprisonment not exc. 4 months, hard labour, to cease on account, &c. being given (s. 38)., rated to the highway rate, and they may take copies or extracts 5 & 6 Will. 4, without paying— Penalty for each default not exc. £5 (v).] c. 50. successor. 41-45. [The surveyor, district or assistant surveyor, shall, Surveyor, &c., within 14 days after leaving office, deliver such books and to deliver books to accounts verified with all money due from him, and all tools, materials, implements, and other things as aforesaid, to his successor in office, or retain the same and account for them in his next account, if he shall be continued surveyor in the succeeding year Penalty for neglect not exc. £5, and to pay double any money due (v).] 46. [The surveyor with consent of vestry may contract for Contract for materials required for repairs of highway; but he shall have materials. no part or interest in any contract, &c., on account of any highway or works under his management, nor let to hire any team, or sell any materials without the licence in writing of 2 justices in petty sessions Penalty not exc. £10 (v), and disqualified for office.] Unlawfully 47. [If any person take away materials which shall have been purchased or obtained for the repair of the highway, or any taking materials. materials out of any quarry opened for the purpose of getting materials for any highway before the surveyor and his workmen shall have discontinued working therein for 6 weeksPenalty not exc. £10 (v).] 48-54. [Acquisition of materials for repairs.] getting materials, 55. [If any surveyor or person employed by him make pits or Surveyor making holes in getting materials for the repair of highways, he shall pits or holes for cause them to be filled up, or sloped down, or fenced off; and to fill them up. within 3 days after a pit or hole shall be opened or made, where no materials be found, he shall cause the same to be filled up; and where such materials shall be found, within 14 days after having dug up sufficient materials, cause the same to be filled up or fenced off, if required by the owner of the land; and within 21 days after his appointment to office he shall cause all pits then open either to be filled up or properly protected against accidents Penalty on neglect of filling up or protecting any pit or hole within the time limited, 10s. for each offence (x). And if such surveyor or person neglect to fence off such pit or hole, or to slope down same for the space of 6 days after notice for either of those purposes from a justice or from the owner or occupier of the ground, &c.— Penalty not exc. £10 (x).] (v) Procedure.-See note (t), ante, p. 332. (x) Procedure.-As in note (t). Penalty to be applied in the fencing off, &c., the pit or hole and repair of parish roads, as justices direct. |