Application of Notice. Effect of special sitting. Special Licens. ing Court to deal for licence for Guiding Star Hotel, Geelong road, Brooklyn. Comp. No. 1646 (3) The provisions contained in the Licensing Acts as to the hearing rehearing and costs of and the objections to and the giving of notices relating to applications for renewals of licences shall apply to any such application as fully and effectually as if such provisions were repeated in this Act with such alterations only as the circumstances of the case require. (4) An application for renewal by or on behalf of an owner or mortgagee shall not be granted unless notice in writing of intention to make such application has been given by or on behalf of such owner or mortgagee at least three days before the hearing thereof by registered letter sent by post to the licensee at his last known address. (5) The special sitting as aforesaid of any annual Licensing Court shall be deemed an extended sitting of the Licensing Court within the meaning of section fifty-seven of the Licensing Act 1890. 3. (1) The Governor in Council may authorize the holding at any with application time during the year One thousand nine hundred and four of a special sitting of the Licensing Court for the Licensing District of Wyndham. Such Licensing Court on the request of the owner of the house formerly known as the Guiding Star Hotel situated at Geelong Road, Brooklyn may if it thinks fit grant a certificate authorizing the issue of a licence for the said premises for the remainder of the said year to the said owner or to any person nominated by him who is in the opinion of the said Court a fit person to hold such licence. s. 3. (2) The provisions of the Licensing Acts for the renewal of victuallers' licences shall so far as is consistent with this Act apply to any application made under this section. 4. The holding of a special sitting of a Licensing Court shall not be authorized by the Governor in Council under the provisions of this Act until a sum sufficient in the opinion of the Minister to cover all the costs and expenses of holding such special sitting has been lodged with the Treasurer of Victoria. After the holding of such special sitting the sum so lodged shall be paid into the Consolidated Revenue. 5. The adjournment of a sitting of a Licensing Court shall not be granted by a Licensing Court under the provisions of section two of the Licensed Premises Act 1894 until a sum sufficient in the opinion of the Court to cover all the costs and expenses of holding such adjourned sitting has been lodged with the Clerk of the said Court. After the holding of such adjourned sitting the sum so lodged shall be paid into the Consolidated Revenue. 6. (1) Every licensed person who knowingly sells or delivers or allows any person to sell or deliver save at the residence or working place of the purchaser any liquor to any person under the age of sixteen years for consumption by any person on or off the premises excepting such liquor as is sold or delivered in corked and sealed vessels in quantities not less than one reputed pint for consumption off the premises only shall be liable to a penalty not exceeding Forty shillings for the first offence and not exceeding Five pounds for any subsequent offence; and every person who knowingly sends any person under the age of sixteen years to any place where liquor is sold or delivered or distributed for the purpose of obtaining any liquor excepting as aforesaid for consumption by any person on or off the premises shall be liable to a penalty not exceeding Forty shillings for the first offence and not exceeding Five pounds for any subsequent offence. Provided that it shall be a defence under this section if the accused person had reasonable cause to believe that the person purchasing was not under the age of sixteen years. (2) In this section the expression "corked" means closed with a plug or stopper whether it is made of cork or wood or glass or some other material; and the expression "sealed" means secured with any substance without the destruction of which the cork plug or stopper cannot be withdrawn. (3) Nothing in this section shall prevent the employment by the licensed person of a member of his family or his servant or apprentice as a messenger to deliver liquor. ARTIFICIAL MANURES ACT 1904. 4 Edw. VII. No. 1930. BE An Act to amend the Law relating to the Sale of Artificial Manure. [8th November, 1904.] E it enacted by the King's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):— 1. This Act may be cited as the Artificial Manures Act 1904. 2. The Artificial Manures Act 1897 is hereby repealed. Provided that any appointment regulation or order made or any notice or certificate given or any information laid or any summons issued under the said Act before the commencement of this Act shall continue in full force and effect to the same extent as if this Act had not passed, and shall be deemed to have been made given laid or issued under this Act. 3. In this Act, unless inconsistent with the context "Manure" means any substance containing nitrogren phos- "Parcel" or "parcels" includes sack barrel case and package. "Prescribed " means prescribed by this Act or any regulation Short title. Repeal. Interpretation. Non-application. Vendor to give invoice cer tificate to pur chaser. Ib. s. 4. First Schedule. Invoice cer tificate a warranty. Ib. s. 5. Labelling of parcels &c. of "Purchase" includes receipt by an agent or factor from his principal. "Purchaser" includes any agent or factor receiving manure from his principal for sale. "Sale" includes consignment or forwarding to an agent or factor. Vendor" or 'person who sells" includes any person who sells as agent or factor if he has the manure in his possession or if he delivers or forwards the same to the purchaser, and also any principal who forwards manure to his agent or factor. 4. This Act shall not apply to any sale of manure where the quantity sold is less than half a hundredweight. 5. Upon the sale of any manure, whether paid for at the time of sale or not, the vendor shall at the time of sale or before delivery of the same or any part thereof give to the purchaser an invoice certificate in the form of the First Schedule to this Act or to the like effect, signed by the vendor or his agent and stating (a) the full name and place of business of the vendor; (b) the figure trade mark or other sign attached to or associated with the manure and intended for identifying it; (c) the quantity of manure comprised in the sale; and (d) the proportion per centum in which such manure contains the following ingredients, namely-nitrogen, phosphoric acid and potash, and the forms in which they respectively occur as provided in such Schedule. 6. Every such invcice certificate shall be deemed a representation or warranty by the vendor to the purchaser of the truth of the matters referred to therein. 7. (1) Every person who sells or offers or exposes for sale any manure shall securely affix conspicuously to each parcel thereof a Comp. ib. s. 6. plainly printed label clearly and truly certifying manure. the number of net pounds of manure in the parcel; the figure trade mark or other sign under which the manure is sold; the name and address of the manufacturer or importer; the place of manufacture; and giving a chemical analysis stating the proportion per centum in which the manure contains the three ingredients nitrogen phosphoric acid and potash and the respective forms in which they respectively occur as required to be stated in the invoice certificate. (2) In the case of bone dusts and bone meals the percentages of coarse material and fine materials shall be stated on the label together with the percentage of phosphoric acid and nitrogen. Fine material is the portion which passes through a sieve of fifty linear meshes to the inch, and coarse material is the portion retained in the mesh of the sieve. (3) In the case of manure consisting of other cheaper materials the label shall give a correct general statement of the composition and ingredients of the elements relied upon, contained in the manure which it accompanies. (4) Every such label shall be deemed a representation or warranty by the vendor of the truth of the matters certified thereby. (5) Where any manure is sold in bulk, the printed labels shall accompany and go with every lot sold. No. 1490 s. 7. 8. Every vendor who fails to give to the purchaser an invoice Penalty for noncertificate or fails to comply with the provisions of the last preceding compliance. section shall be guilty of an offence against this Act, and shall be liable on conviction to a penalty not exceeding Five pounds for the first offence and to a penalty not exceeding Twenty pounds for any subsequent offence. 9. Subject to the Public Service Acts the Governor in Council may Official Analysts. appoint Official Analysts under this Act and may at any time remove Ib. s. 8. any such Official Analyst; and every such appointment or removal shall be notified in the Government Gazette. The chemist of the Department of Agriculture (hereinafter called the said chemist) shall by virtue of his office be an Official Analyst under this Act. analyses. Ib. s. 9. 10. (1) Any purchaser of manure shall, on payment to any official Payment for Analyst of a fee of One pound and one shilling or such fee as may from time to time be prescribed by regulations under this Act, be entitled to have such manure analyzed by any Official Analyst and to receive from him a certificate of the results of such analysis. (2) In case the Official Analyst is an officer in the Public Service the fee for analysis shall be paid by him into the consolidated revenue, if not such an officer he shall be entitled to retain such fee for his own use. Ib. s. 10. 11. (1) Any purchaser of manure intending to submit the same Mode of obtainfor analysis shall within fourteen days after the delivery of such ing analysis. manure or of any part thereof give written notice to the vendor or agent selling such manure of his intention to have the same analyzed by an Official Analyst, and in such notice shall offer to divide at any time within fourteen days in the presence of the vendor or his agent a sufficient sample of the manure into three parts to be then and there separated and each part to be placed in a glass bottle or jar and properly marked and sealed. (2) If required by the vendor or agent so to do the purchaser shall forthwith make such division and shall (a) deliver one of such parts to the vendor or his agent; (b) retain one of the parts for future comparison; and (c) submit the third part, if he deems it right, to an Official Penalty for tampering with parcel of manure. No. 1490 s. 12. Procedure where accept pur (3) Such notice may be sent by registered letter through the post addressed to the vendor to his address as stated in the invoice certificate or to his agent at his usual place of business. 12. If any person knowingly and fraudulently tampers with any parcel of manure so as to procure that any sample of it taken in pursuance of this Act does not correctly represent the contents of the parcel he shall be liable on conviction to a penalty not exceeding Five pounds for the first offence and to a penalty not exceeding Twenty pounds for any subsequent offence. 13. (1) If the vendor or his agent does not within ten days after vendor does not service of such notice accept the offer of the purchaser to divide a chaser's offer to sufficient sample of the manure in his presence or in that of his agent, or does not attend personally or by agent at any time and place appointed by the purchaser for such division, the purchaser may forthwith but not later than one month after such service send a sample thereof to any Official Analyst for analysis. divide manure in Official Analyst to divide sample. Samples through the post. See ib. s. 14. Certificate of analyst. Second Schedule. Ib. s. 15. Manure to contain certain proportions. See ib. s. 16. (2) On receiving for analysis any sample of manure from any purchaser any Official Analyst shall divide the same into two parts and shall place in a glass bottle or jar one of such parts and seal and fasten up the same and shall retain the same for production in case proceedings are afterwards taken in the matter. 14. If an Official Analyst does not reside within two miles of the residence of the person requiring a sample of the manure to be analyzed under the provisions of this Act such sample may be forwarded to such Official Analyst through the post as a registered parcel. 15. The certificate of analysis by an Official Analyst shall be in the form set forth in the Second Schedule to this Act or to the like effect or in such form as may from time to time be determined by regulations made under this Act. 16. Where any manure submitted for analysis by any purchaser or collected and taken by the said chemist or any Official Analyst or officer either generally or specifically appointed by him as his deputy is found to contain less nitrogen phosphoric acid or potash than the proportions thereof respectively stated in the invoice certificate or on the label attached to each parcel containing such manure and such deficiency (a) as to nitrogen amounts to one-half per centum of the whole sample in manures certified to contain less than ten per centum of nitrogen or as to phosphoric acid one per centum of the whole sample in manures certified to contain less than fifteen per centum of phosphoric acid or as to potash less than one-half per centum of the whole sample in manures certified to contain ten per centum of potash, or (b) as to nitrogen amounts to five per centum of the total nitrogen certified to be present in manure represented to contain not less than ten per centum of nitrogen or as to phosphoric acid seven per centum of the total phosphoric acid certified to be present in manure represented to |