down stones, coals, etc.; beating or shaking carpets, etc., except door-mats before eight o'clock in the morning; placing flower-pots, etc., on windows not properly guarded; throwing articles from roofs of houses, except snow thrown so as not to fall on passengers; permitting persons to stand on sills of windows to clean or paint them; leaving vaults or cellars open without being properly guarded, or leaving an open area, pit, or sewer, without a sufficient light after sunset; throwing dirt, ashes, etc., carrion, fish, offal, or rubbish upon, or causing offensive matter to run into any street; keeping pigsties to the front of any street not shut out by a wall or fence, or 10 & 11 Vict. keeping swine in or near any street so as to be a common Pigsties and keeping swine. nuisance. Where a local Act imposed a penalty on any driver or other person who conducts or drives in, upon, or through the streets, any cattle during Sunday, it was held that the penalty was not incurred by a person who conveyed the cattle in a van or carriage through the streets. (1) Drunken persons guilty of riotous or indecent conduct in any street or police office or station within the district of the Local Board are liable to a penalty not exceeding 40s. for each offence, or to be imprisoned for a period not exceeding seven days. As touching nuisances in streets, the following has reference to the subject:-The owner of property is not justified in giving a person into custody found (popularly speaking) committing a nuisance against his premises, nor is he entitled to notice of action for having done so, unless he is fairly justified in believing that the person had the intention to soil or deface them within the meaning of 2 & 3 Vict. c. 47, s. 54, or the intention to commit damage or injury, or spoil them within the meaning of 24 & 25 Vict. c. 97, s. 52. (2) By the Wine Licences and Refreshment Houses Act it is also enacted that every person found drunk in any street or public thoroughfare, and who, while drunk, is guilty of riotous or indecent behaviour, shall upon summary conviction of the offence before two justices be liable to a penalty of not more than 40s. for every offence, or may be committed, if the justices or magistrate before whom he is convicted think fit, instead of inflicting upon him any pecuniary penalty, to the house of correction for any time not more than seven days. These two provisions being cumulative, the offence may be dealt with under either, as may be found most expedient. Neither Act, however, interferes with proceedings under the 21 Jac. I. c. 7, in cases of drunkenness not attended with riotous or indecent behaviour, and the offences under each are quite distinct. (1) Triggs v. Lester, 30 J. P. 228. (2) Bayley v. Aldred, 10 Jur. (N. S.) 523. 333 CHAPTER XX. SAFE KEEPING OF PETROLEUM. THE Petroleum Act, 1871, which consolidates and amends the law for the safe keeping of petroleum and other substances of a like nature, and repeals the former Acts, continues in force until the 1st October, 1872, and no longer; and as Local Boards, except where there are harbour authorities, are within their respective districts the local authority to grant licenses under the Act, it is necessary to include the new enactment in this work, so far as it applies to England. c. 105, s. 2. In the Act, if not inconsistent with the context, the following Interpretaterms have the following meanings; that is to say, the term tion of terms. "borough" means-In England any place for the time being 34 & 35 Vict. subject to the provisions of the Act of the session of the fifth Borough :" and sixth years of the reign of King William the Fourth, chapter seventy-six," to provide for the regulation of municipal corporations in England and Wales," and the Acts amending the same: the term "person" includes a body corporate: the term "Person :" "Secretary of State" means one of Her Majesty's principal "Secretary Secretaries of State: the term "harbour" means any harbour of State :" 66 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 "Harbour or person being or claiming to be proprietors or proprietor of authority :" 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, "Ship :" whether propelled by oars or otherwise: the term "Summary "Summary Jurisdiction Acts" means, as to England, the Act of the session Jurisdiction of the eleventh and twelfth years of the reign of Her present Acts:" Majesty, chapter forty-three, intituled "An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales with respect to summary convictions and orders," and any Acts amending the same: the term "Court of Summary Jurisdiction" means and includes any justice or justices of the peace, metropolitan police magis- Summary trate, stipendiary or other magistrate, or officer, by whatever Jurisdicname called, to whom jurisdiction is given by the Summary Jurisdiction Acts or any Acts therein referred to, or to proceed "Court of tion :" Definition of and applica tion of Act. 34 & 35 Vict. ings before whom the provisions of the Summary Jurisdiction Acts are or may be made applicable. For the purposes of this Act the term "petroleum" includes "petroleum" 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 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 inflammable vapour at a temperature of less than one hundred degrees of Fahrenheit's thermometer. c. 105, s. 3. Byelaws as to ship carrying petroleum. Ib. s. 4. Ib. Ib. Ib. Every harbour authority shall frame and submit for confirmation to the Board of Trade bye-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 bye-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 bye-laws with or without any omission, addition, or alteration, or may disallow the same. Every such bye-law when confirmed shall be published by the harbour authority, and may be from time to time altered or repealed by a bye-law made in like manner. Bye-laws under 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 bye-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 byelaw for the purposes of this section, and if such harbour authority make default in framing a bye-law and obtaining the confirmation thereof within the time limited by such notice the Board of Trade may make a bye-law for the purposes of this section, and such bye-law shall 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 bye-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 bye-law, and all expenses incurred in such removal may be recovered in the same manner in which penalties are by this Áct made recoverable, The owner or master of every ship carrying a cargo any part Notice by of which consists of petroleum to which this Act applies, on owner or entering any harbour within the United Kingdom, shall give notice of the nature of such cargo to the harbour authority petroleum. having jurisdiction over such harbour. master of ship carrying 34 & 35 Vict. If such notice is not given the owner and master of such c. 105, s. 5. ship shall each incur a penalty not exceeding the sum of five Ib. hundred pounds, unless it is shown to the satisfaction of the court before which the case is tried that neither the owner nor the master knew the nature of the goods to which the proceedings relate, nor could with reasonable diligence have obtained such knowledge. Where any petroleum to which the Act applies— Label on (a.) Is kept at any place except during the seven days next vessels conafter it has been imported; or, taining petroleum. (b.) Is sent or conveyed by land or water between any two Ib. s. 6. places in the United Kingdom; or, (c.) Is sold or exposed for sale; the vessel containing such petroleum shall have attached thereto a label in conspicuous characters, stating the description of the petroleum, with the addition of the words "highly inflammable," and with the addition (a.) In the case of a vessel kept, of the name and address of the consignee or owner: (b.) In the case of a vessel sent or conveyed, of the name and address of the sender: (c.) In the case of a vessel sold or exposed for sale, of the name and address of the vendor. All petroleum to which the Act applies which is kept, sent, conveyed, sold, or exposed for sale, in contravention of this section, shall, together with the vessel containing the same, be forfeited, and in addition thereto the person keeping, sending, selling, or exposing for sale the same shall for each offence be liable to a penalty not exceeding five pounds. Save as hereinafter mentioned, after the passing of the Act, Regulations petroleum to which this Act applies shall not be kept, except in as to storage of petroleum. pursuance of a license given by such local authority as is in the Ib. s. 7. Act mentioned. All petroleum kept in contravention of this section shall, Ib. together with the vessel containing the same, be forfeited, and in addition thereto the occupier of the place in which such petroleum is so kept shall be liable to a penalty not exceeding twenty pounds a day for each day during which such petroleum is so kept. This section shall not apply to any petroleum kept either for Ib. private use or for sale, provided the following conditions are complied with: (1.) That it is kept in separate glass, earthenware, or metal vessels, each of which contains not more than a pint, and is securely stopped: (2.) That the aggregate amount kept, supposing the whole contents of the vessels to be in bulk, does not exceed three gallons. The following bodies shall respectively be the local authority to grant licenses under this Act in the districts hereinafter mentioned; (that is to say,) (1.) In the city of London, except as hereafter in this section mentioned, the court of the Lord Mayor and aldermen of the said city : (2.) In the metropolis, (that is, in places for the time being within the jurisdiction of the Metropolitan Board of Works under the Metropolis Management Act, 1855.) except the City of London, and except as hereafter in this section mentioned, the Metropolitan Board of Works: (3.) In any borough in England, except as hereafter in this section mentioned, the mayor, aldermen, and burgesses acting by the council: (4.) In any place in England, except as hereafter in this section mentioned, within the jurisdiction of any trustees or improvement commissioners appointed under the provisions of any local or general Act of Parliament, and not being a borough or comprising any part of a borough, the trustees or commissioners: (5.) In any place in England (except as hereafter in this section mentioned) within the jurisdiction of a local board constituted under the Local Government Act, 1858, and not being any of the districts before mentioned or comprising any part of any such district, the local board: (6.) In any harbour within the jurisdiction of a harbour authority, whether situate or not within the jurisdiction of any local authority before in this section mentioned, the harbour authority, to the exclusion of any other authority : (7.) In any place in which there is no local authority as before in this section defined, in England, the justices in petty sessions assembled. Licenses in pursuance of this Act shall be valid if signed by two or more of the persons constituting the local authority, or executed in any other way in which other licenses, if any, granted by such authority are executed. Licenses may be granted for a limited time and may be subject to renewal or not in such manner as the local authority think necessary. There may be annexed to any such license such conditions as to the mode of storage, the nature and situation of the premises in which, and the nature of the goods with which petroleum to which the Act applies is to be stored, the facilities for the testing of such petroleum from time to time, the mode of carrying such petroleum within the district of the licensing |