C. 77.

23 & 24 VICT. authority obtaining the like order might do under the said act, and to charge the costs to the person on whom the order is made, as is provided in the case where a like order is obtained and executed by such local authority.

Guardians

may procure

XIV. The guardians of any union, or parish not within an union, may at sanitary re- any time employ one of their medical officers to make inquiry and report upon the sanitary state of their union or parish, or any part thereof, and pay a reasonable compensation for the same out of their common fund.

ports and

pay for the

same.

Interpretation of terms.

Justices not incapable of acting by being

members of

bodies to

execute nuisances re

moval act.

XV. The several words used in this act shall be construed in the same manner as is declared with reference to the same words in the above-cited act, termed "The Nuisances Removal Act for England, 1855," and all the provisions therein, and in "The Diseases Prevention Act, 1855," contained, shall respectively be applicable to this act, except so far as they shall be hereby repealed, or be inconsistent with anything herein provided.

XVI. No justice of the peace shall, unless objected to at the hearing of any complaint or charge, be deemed incapable of acting in cases other than appeals arising under the said Nuisances Removal Act by reason of his being a member of any body hereby declared to be the local authority to execute the said act, or by reason of his being a contributor, or liable to contribute, to any rate or fund out of which it is hereby provided that all charges and expenses incurred in executing the said act, and not recovered as therein provided, shall be defrayed.

23 & 24 VICT. c. 84.

23 & 24 VICT. An Act for preventing the Adulteration of Articles of Food or Drink (a). [6th August, 1860.]

C. S4.

Penalty on

persons

sell ng articles of food or drink knowing

the same to be injurious

to health.

WHEREAS the practice of adulterating articles of food and drink for sale, in fraud of her Majesty's subjects, and to the great hurt of their health, requires to be repressed by more effectual laws than those which are now in force for that purpose: be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, as follows:

I. Every person who shall sell any article of food or drink with which, to the knowledge of such person, any ingredient or material injurious to the health of persons eating or drinking such article has been mixed, and every person who shall sell as pure or unadulterated any article of food or drink which is adulterated or not pure, shall for every such offence, on a summary conviction of the same before two justices of the peace at petty sessions in England, and in Scotland before two justices of the peace in justice of the peace court, or before the sheriff substitute of the county, or before justices at petty sessions or a divisional justice in Ireland, forfeit and pay a penalty not exceeding five pounds together with such costs attending such conviction as to the said justices shall seem reasonable; and subsequent if any person so convicted shall afterwards commit the like offence it shall be lawful for such justices to cause such offender's name, place of abode, and offence to be published, at the expense of such offender, in such newspaper or in such other manner as to such justices shall seem desirable.

As to

offences.

Power to appoint

analysts.

II. In the city of London and the liberties thereof the commissioners of sewers of the city of London and the liberties thereof, and in all other parts of the metropolis the vestries and district boards acting in execution of the act for the better local management of the metropolis in England and Ire

(a) See "Adulteration of Food," p. 156.

1

C. 84.

land, the court of quarter sessions of every county, and the town council 23 & 24 VICT. of every borough having a separate court of quarter sessions, and in Scotland the commissioners of supply at their ordinary meetings for counties, and town councils within their several jurisdictions, may, from time to time for their respective city, districts, counties, or boroughs, appoint and remove one or more persons possessing competent medical, chemical, and microscopical knowledge as analysts of all articles of food and drink purchased within the said city, metropolitan districts, counties, or boroughs, and may pay to such analysts such salary or allowances as they may think fit; but such appointments and removals shall at all times be subject in Great Britain to the approval of one of her Majesty's principal secretaries of state, and in Ireland to that of the lord lieutenant.

III. On the hearing by the justices of any complaint under this act in Protection any district, county, or borough wherein any analyst shall have been against articles of appointed, the purchaser shall prove to the satisfaction of such justices food and that the seller of the article of food or drink alleged to be adulterated, or drink being his servants, had such notice of the intention of the purchaser to have tampered such article analysed, and also such opportunity of accompanying the pur- with by chaser to an analyst appointed by this act, as the justices shall think purchaser. reasonable, in order to secure such article from being tampered with by the purchaser.

of articles

IV. Any purchaser of any article of food or drink in any district, county, Power to city, or borough where there is any analyst appointed under this act shall purchasers be entitled, on payment to the analyst of a sum not less than two shillings of food and and sixpence nor more than ten shillings and sixpence, to have any such drink to article analysed by any analyst who may be appointed for such district, have them county, city, or borough, and to receive from such analyst a certificate of analysed. the result of his analysis, specifying whether in his opinion such article is adulterated, and also whether it is so adulterated as to be injurious to the health of persons eating or drinking the same; and such certificate duly Certificate of signed by such analyst shall, in the absence of any evidence to the con- analysts trary, be sufficient evidence before the justices or in any court of justice of made evithe matters therein certified, and the sum so directed to be paid for such certificate shall be deemed part of the costs.

dence.

have articles

V. The justices before whom any complaint may be made under this act Power to may, in their discretion, cause any article of food or drink to be examined justices to and analysed by such skilled person as they may appoint for that purpose, of food who may be required to give evidence of the same at the hearing of the and drink case; and the expense thereof, and of such examination and analysis, if analysed. not paid by the complainant or party complained against, shall be deemed part of the expenses of executing this act, but nevertheless such expense may be ordered by such justices to be paid by the party so complaining or complained against, as they shall think proper.

VI. Any person who has been convicted of any offence punishable by Appeal to this act by any justices may appeal to the next general or quarter sessions quarter of the peace which shall be held for the city, county, town, or place wherein sessions. such judgment or conviction shall have been made, or in the case of the conviction having been before a sheriff substitute in Scotland, then the appeal shall be to the sheriff of the county, provided that such person enter into a recognizance within two days next after such conviction, with two sufficient sureties, conditioned to try such appeal, and to be forthcoming to abide the judgment and determination of the court at such general or quarter sessions, or sheriff, and to pay such costs as shall be by such court awarded; and the justices before whom such conviction shall be had are hereby empowered and required to take such recognizance; and the court at such general or quarter sessions, or sheriff, are hereby authorised and required to hear and finally determine the matter of every such appeal, and may award such costs to the party appealing or appealed against as they shall think proper.

2 & 24 VICT. CX4

Wh..re con

within six day of quarter

time al

lowed for appeal

Persons convicted of selling

adult rated patented

article may

have a care stted for opinion of superior court.

Procedure in cases

under this act.

VIL If any such conviction or judgment or order of forfeiture shall happen to be made within six days before any general or quarter sessions of the peace shall be held for the city, county, town, or place wherein such conviction shall have been made, the person who shall think himself aggrieved by any such conviction may, on entering into a reo gnizance in manner and for the purposes before directed, be at liberty to appeal either to the then next or Lext following general or quarter sessions of the peace which shall be held for any such city, county, town, or place wherein any such conviction shall have been made, on giving six days notice to the comt lainant of his intention to appeal.

VIII. Any person who shall have been convicted by any justices or sheriff'stitute of any offence punishable by this act, in respect of the selling of any article of food or drink which shall have been manufactured according to any process patented before the passing of this act, either by the patentse or owner of the patent, or by any person carrying on his business or otherwise claiming under him during the continuance of such patent, may, instead of appealing to the general or quarter sessions of the peace or sheriff of the county, apply in writing within five days after such conviction to the justices or sheriff substitute, to state and sign a case for the opinion of one of the superior courts of law thereon, in like manner as under the statute of the twentieth and twenty-first years of her Majesty, chapter forty-three, be might have applied to the justices to state and sign a case, and thereupon all such proceedings shall take place upon and in relation to such application, and all such provisions shall be applicable thereto as would have taken place upon and in relation thereto, and been applicable thereto, under the provisions of the said last-mentioned act; and in Scotland, for the purposes of such appeal, the justices or sheriff substi tute may state and sign a case for the opinion of the court of session, in like manner as the justices in England and Ireland may, for the opinion of the superior courts of law under the said act, and the court of session shall have in relation thereto the like powers as the superior courts have under the said act, and all the other provisions of the said act shall be applicable to such appeals.

IX. In England the provisions in the Nuisances Removal Act for England, 1875, as to proce lure (a), and the provisions of the act of the eleventh and twelfth years of the reign of her present Majesty, intituled, "An Act to facilitate the Performance of the Duties of Justices of the Peace and of Session within England and Wales with respect to summary Convictions and Orders" (b), and in Scotland the ordinary rules regulating the procedure of justices of the peace, so far as the same are respectively applicable, shall extend and apply to cases arising under this act in EngApplication land or Scotland; and all monies arising from penalties under this act in of moneys. any county, city, district, or borough where there are analysts appointed under this act shall, when paid or recovered, be paid in England and Ireland to the vestry, district board, commissioners, county treasurer, or towa council for such county, city, district, or borough respectively, to be applied for the general purposes of such vestry, district board, commissioners, county, city, or borough respectively, and to the collector of rogue money for each county in Scotland.

Proceedings in Ireland as to com

plints, &c.,

to be sub

visions of

X. All proceedings under this act in Ireland as to compelling the appearance of any such person or of any witness, and as to the hearing ani determination of such complaints, and as to the making and executing of such orders, and as to the applications of fines, amerciaments, and forfeited ject to pro- recognizances imposed or levied under this act at petty sessions, shail le 14 & 15 Vict. Subject in all respects to the provisions of The Petty Sessions (Irelani c. 93, and Act, 1851," as the same is amended by "The Petty Sessions Clerk (Ire 21 & 22 Vict. land Act, 1858," (when the case shall be heard in any petty sessions dis(b) See note, p. 55.

c. 100.

(a) See 18 & 19 Vict. c. 121, p. 429.

C. 84.

trict), and to the provisions of the acts relating to the divisional police 23 & 24 VICT. offices (when the case shall be heard in the police district of Dublin metropolis), so far as the said provisions shall be consistent with any special provisions of this act; and when any fine or penalty is imposed at any of the divisional police offices of Dublin metropolis, or by the justices in any corporate town, under the provisions of this act, such fines and penalties shall be paid over to the same purposes and appropriated and applied in the same manner as is now by law authorised in respect of fiues and penalties imposed at such divisional police offices, or by the justices in any such corporate town respectively.

sessions.

XI. In Ireland any person who has been convicted of any offence Appeal to punishable by this act may appeal to the next court of quarter sessions to quarter be held in the same division of the county where the order shall be made by any justice or justices in any petty sessions district, or to the recorder at his next sessions where the order shall be made by the divisional justices in the police district of Dublin metropolis, or to the recorder of any corporate or borough town when the order shall be made by any justice or justices in such corporate or borough town (unless when any such sessions shall commence within seven days from the date of any such order, in which case, if the appellant sees fit, the appeal may be made to the next succeeding sessions to be held for such division or town); and it shall be lawful for such court of quarter sessions or recorder, as the case may be, to decide such appeal, if made in such form and manner, and with such notices, as are required by the petty sessions acts respectively herein before mentioned as to appeals against orders made by justices at petty sessions; and all the provisions of the said petty sessions acts respectively as to making appeals and as to executing the orders made on appeal, or the original orders where the appeals shall not be duly prosecuted, shall also apply to any appeal or like order to be made under the provisions of this act.

XII. The expense of executing this act shall be borne, in the city of As to exLondon and the liberties thereof, out of the consolidated rates raised by penses of executing the commissioners of sewers of the city of London and the liberties thereof, act. in the rest of the metropolis out of any rates or funds applicable to the purposes of the act for the better local management of the metropolis, and in counties out of the county rate, and in boroughs out of the borough fund, or out of the rogue money in counties in Scotland.

XIII. Nothing in this act contained shall be held to affect the power of Indictment proceeding by indictment, or to take away any other remedy against any remedy not

offender under this act.

or other

affected.

XIV. In the construction of this act the words "articles of food or Interpredrink" shall (if not inconsistent with the context or subject matter) in- tation of clude not only all alimentary substances, whether solids or liquids, but terms. also all eatables or drinkables whatsoever not being medical drugs or articles usually taken or sold as medicines, but this act shall not be construed so as to affect the ordinary reduction of the strength of foreign, British, or colonial spirits by persons licensed and paying duties under the excise.

C. 139.

23 & 24 VICT. c. 139.

23 & 24 VICT. An Act to amend the Law concerning the making, keeping, and carriage of Gunpowder and Compositions of an explosite nature, and concerning the Manufacture, Sale, and Use of Fireworks (a). [28th August, 1860.]

9 & 10 W. 3, c. 7.

5 G. 2, c. 12 (I.).

12 G. 3, c. 61.

Commencement of act, and repeal of

9 & 10 W. 3, c. 7.5 G. 2,

c. 12 (1.). and 12 G. 3,

c. 61.

Regulations as to making and

keeping of gunpowder.

WHEREAS an act was passed in the session holden in the ninth and tenth years of king William the third, chapter seven, to prevent the throwing or firing of squibs, serpents, and other fireworks; and a like act was passed by the parliament of Ireland in the fifth year of king George the second, chapter twelve; and an act was passed in the twelfth year of king George the third, chapter sixty-one, to regulate the making, keeping, and carriage of gunpowder; and it is expedient to amend the law concerning the making, keeping, and carriage of gunpowder, and to regulate the making and keeping of other compositions of an explosive nature, and to amend the law concerning the manufacture, sale, and use of fireworks: be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, as follows:

I. This act shall (except where herein otherwise expressly provided) take effect from and after the thirty-first day of August one thousand eight hundred and sixty-one, and from and after that day the said acts of the ninth and tenth years of king William the third, the fifth year of king George the second, and the twelfth year of king George the third shall be repealed, except as to any offence theretofore committed against the same, and any penalty theretofore incurred, which offence shall be dealt with and punished and such penalty recovered as if this act had not been passed. II. The following regulations shall be observed with regard to the manufacture and keeping of gunpowder; (that is to say,)

No such manufacture shall be carried on except in mills and other places lawfully used for such manufacture at the time of the commencement of this act, or in places licensed for that purpose as hereinafter mentioned:

The quantity of gunpowder or materials to be made into gunpowder to be at one time under any single pair of mill stones, or rollers, or runners, shall not exceed fifty pounds as respects sporting and government powder, and sixty pounds as respects all inferior powders, and every incorporating mill or group of incorporating mills shall be provided with a chargehouse for the store of mill charges properly constructed of stone or brick, and situate at a safe and suitable distance from each incorporating mill or group of incorporating mills: The quantity of gunpowder to be subjected to pressure at one time in any presshouse shall not exceed ten hundredweight;

The quantity of gunpowder to be corned or granulated at one time in any corning or granulating house shall not exceed twelve hundredweight:

The quantity of gunpowder to be dried at one time in one stove or place used for the drying of gunpowder shall not exceed fifty hundredweight:

The respective quantities to be at any one time in any presshouse, or corning or granulating house, shall not exceed twice the respective quantities hereby allowed to be subjected to pressure, and to be corued or granulated at one time; and the quantity to be at any one

(a) See "Accidents from Gunpowder," p. 145.