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Inflammable Oils Act.-1908.

PART vi.

(2) This Act shall not exempt any person from any indictment or other proceeding for a nuisance or for an offence which is indictable at common law or under any Act other than this Act, so, however, that no person be punished twice for the same offence.

(3) Where proceedings are taken before any Court against a person in respect of any offence under this Act which is also an offence indictable at common law or by some Act other than this Act, the Court may direct that, instead of those proceedings being continued, proceedings shall be taken for indicting the person at common law or under such other Act.

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GENERAL PROVISIONS.
40. All penalties shall be in addition to any forfeiture.

Penalties and forlei. tures are cumulative.

Disposal of forfeited property.

41. All forfeited property shall be disposed of as the Minister directs or as prescribed.

Maximum penalty.

Minimum penalty.

42. (1) In this Act, the penalty set forth at the foot or end of or elsewhere in a section or other provision indicates that any contravention of such section or provision, whether by act or omission, shall be an offence punishable upon conviction by the penalty so set forth.

(2) The minimum pecuniary penalty for any offence against any provision of this Act, whether on conviction for the first or any subsequent such offence committed by the same person, shall be onetwentieth of the maximum prescribed.

43. All penalties recovered shall be applied as the Minister directs.

Application of penalty.

Recovery of per alty in case of ship.

44. Where the owner or master of a ship or boat is adjudged to pay a penalty for an offence committed with or in relation to the ship or boat the Court may, in addition to any other power they have for the purpose of compelling payment of the penalty, direct that the same be levied by arrest and sale of the ship or boat and her tackle.

Forging stamp

45. If any person forges or counterfeits any stamp or mark required by this Act to be placed on apparatus for testing inflammable oil, or alters any such stamp or mark placed on any such apparatus, he shall be guilty of felony, and shall be liable on conviction to imprisonment with or without hard labor for a term not exceeding five years.

46. The Governor may, by Proclamation in the Gazette, declare

(a) Any liquid to be “inflammable oil”:
(6) Any place to be a “protected work.”

47. This

Proclamations.

Inflammable Oils Act.--1908.

47. This Act shall not apply to the keeping or conveyance of

L'ART vill. inflammable oil under the control of the Minister or of any Saving as to Government department: Provided that any person committing Governmennt

. any act with respect to any such oil tending to cause fire or explosion shall be liable to the like penalty as if the store or premises in which such oil is kept were licensed or registered, or as if the oil were conveyed under the provisions of this Act.

48. The provisions of Part II. of this Act shall apply only limit of application within municipalities, towns, and townships, and within five miles of Act. of the boundaries thereof.

49. The Governor may from time to time make, alter, or repeal Regulations. such regulations (not being inconsistent with the provisions of this Act) as may be necessary or convenient for carrying into effect the provisions of this Act, and in particular, but without diminishing the generality of this provision, for(a) Prescribing the form and manner of applying for and

granting licences and registrations, renewals, transfers,
revocations, alterations, and amendments thereto, and
fees to be paid : Provided that the fee for each registra-
tion shall not exceed Five Shillings, and for each licence

shall not exceed Two Pounds.
(6) Prescribing the situation of licensed stores and depôts,

and of screen walls, and regulating their construction

and fitting up:
(c) Prescribing the maximum quantity of inflammable oil to

be kept in depôts according to their construction and
situation and according to the description of inflam-

mable oil kept therein:
(d) Prescribing the construction and character of artificial

lights which may be taken into a depôt :
(e) Regulating the keeping, storing, removing, and conveying

and the opening and closing of packages of inflammable

oil in registered premises, licensed stores, and depôts :
(f) Determining the notice to be given by the master of any

ship or boat of intention to convey, load, or unload

inflammable oil:
(9) Determining the quantities of inflammable oils which may

be conveyed, loaded, or unloaded without giving such

notice:
(h) Regulating the navigation of and places for mooring ships

and boats conveying, loading, or unloading inflammable

oil:
(i) Regulating the description, construction, marking, ventila-

tion, lighting, and general fitting up of ships, boats, and
carriages to be used for the conveyance of inflammable
oil:

(j) Regulating

Inflammable Oils Act.—1908.

PART VIII.

(j) Regulating the mode of stowing and keeping inflammable

oil during transit, and of giving notice by brands, labels, or otherwise of the nature and destination of any

package of inflammable oil: (k) Regulating the hawking of inflammable oil: (1) Regulating the use of fires and lights on or near any ships,

boats, or carriages loading or unloading inflammable oil, or in which inflammable oil is being or has been recently conveyed, and prohibiting the use of such fires

or lights thereon or near thereto as may be dangerous: (m) Regulating the placing, removal, and storage of inflammable

oil on or from any wharf and any place within two

hundred yards of any wharf: (n) Regulating the conveyance, loading, and unloadiag of

inflammable oil: (0) Altering or adding to the Schedule to this Act pre

scribing the manner of testing inflammable oil and the construction of test apparatus: Provided that the standard model of any apparatus made in pursuance of such regulations deposited with the Government Analyst shall be so constructed as to give flash points corresponding to those given by the apparatus

prescribed in the Schedule: (p) Prescribing fees to be paid for testing inflammable oil, for

testing, stamping, and marking apparatus, and for any other work done for the purpose of carrying out any of

the provisions of this Act : (9) Prescribing penalties not exceeding Fifty Pounds for any

one offence for any contravention of any regulation.
50. All regulations made shall-

(a) Be published in the Gazette;
(6) Take effect from the date of publication, or from a later

date to be specified therein; and
(c) Be laid before both Houses of Parliament within fourteen days

after publication, if Parliament is in Session, at the end of such fourteen days, and if not, then within fourteen days after the commencement of the next Session ; but if either House of Parliament passes a resolution at any time within thirty days after such regulations have been laid before such House, disallowing any such regulation, such rule or regulation shall thereupon cease to have effect. Provided that if Parliament shall not be in Session for thirty days after such regulations shall have been laid before it then no regulation shall continue to have any force or effect if disapproved by either House of Parliament within thirty days after the commencement of the next Session of Parliament.

51. (1) Any

Publication and disallowance of regulations and rules.

Inflammable Oils Act.-1908.

51. (1) Any person desiring to dispute the validity of a regula

PART VIII. tion may apply to the Supreme Court, upon affidavit, for a rule Testing validity of calling upon the Chief Inspector to show cause why such regulation regulations. should not be quashed, either wholly or in part, for the illegality thereof.

(2) The said Court may make absolute or discharge the said rule, with or without costs.

(3) All regulations, unless and until so quashed, shall have the same effect as if enacted in this Act.

(4) No regulation shall be challenged or disputed in any other manner.

In the name and on behalf of His Majesty, I hereby assent to this Bill.

GEORGE R. LE HUNTE, Governor.

SCHEDULE

Inflammable Oils Ac.-1908.

SCHEDULE

X.B.- In this Schedule the expression "oil" means any liquid to be tested for the purpose of ascer.

taining its character as inflammable oil. Degrees of temperature are according to Fahrenheit's thermometer.

1.- Nature of the Test Apparatus. The apparatus consists of the following parts :

1. An oil cup. 2. A corer, with slide, test lamp for oil, or test-flame arrangement for use with

gas, and clockwork arrangement for opening and closing the holes in the

cover, and for dipping the test flame. 3. A water bath or heating vessel. 4. A tripod (with jacket), and spirit lamp or gas arrangement for heating the

water bath. 5. A round bulb thermometer for testing the temperature of the oil, with scale

ranging from 55° Fahrenheit to 160° Fahrenheit. 6. A long bulb thermometer for testing the temperature of the water, with scale

ranging from 90° Fahrenheit to 220° Fahrenheit. 7. A mercurial or aneroid barometer.

The oil cup is a cylindrical Alat-bottomed vessel, 2 inches in diameter, 2- inches in height (internal), made of gunmetal or brass (17 B.W.G.), and tinned or silvered inside. It is provided with a projecting rim, % inch wide, f inch from the top, and 14 inch from the bottom of the cup, on which it rests when inserted in the water bath. A gauge is fixed on the inside of the cup to regulate the height to which it is to be filled with the sample under examination. The distance of the point from the bottom of the cup is 13 inch. The cup is provided with a close-fitting orerlapping cover, made of brass (22 B.W.G.), which carries the thermometer, the test lamp, or test-flame arrangement, and the adjuncts thereto. The test lamp, which has a spout, the mouth of which is to incb in diameter, or test-flame arrangement, is suspended upon two supports by means of trunnions, which allow it to be easily inclined to a particular angle and restored to its original position. The socket in the cover, which is to hold a round bulb thermometer for indicating the temperature of the oil during the testing operation, is so adjusted that the bulb of the latter is always inserted to distance of 1} inch below the centre of the lid.

The cover is provided with three holes--one in the centre (0.2 square inch) and two smaller ones (each 0:06 square inch) close to the sides. These are closed and opened by means of a pivoted slide. When the slide is moved so as to uncover the holes, the suspended lamp, or test-flame arrangement, is caught by a projection fixed on the slide, and tilted in such a way as to bring the end of the spout or test flame just below the surface of the lid. As the slide moves back so as to cover the holes i he lamp returns to its original position. Upon the cover, in front of and in a line with the nozzle of the lamp, is fixed a white bead, the diameter of which represents the size of the test flame to be used.

The water bath or heating vessel consists of two flat-bottomed copper cylinders (24 B.W.G.)-an inner one of 3 inches diameter and 24 inches height, and an outer one of 5} inches diameter and 5 inches height; they are soldered to a circular copper plate (20 B.W.G.) perforated in the centre, which forms the top of the bath, in such manner as to inclose the space between the two cylinders, but leaving access to the inner cylinder. The top of the bath projects both outwards and inwards about 3 inch, that is, its diameter is about & inch greater than the body of bath, while the diameter of the circular opening in the centre is about the same amount less than that of the inner copper cylinder. To the inner projection of the top is fastened, by six small screws, a flat ring of ebonite, the screws being sunk below the surface of the ebonite to avoid metallic contact between the bath and the oil cup. The exact distance between the sides and bottom of the bath and the oil cup is finch. The bath is therefore so constructed that when the oil cup is placed in position an air space or air chamber intervenes between the two; consequently, in applying the test to oils flashing below 115° Fahrenheit the heat is transmitted gradually to the oil from the hot water, through

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