costs, and that the same be paid to the registrar of this court on the day of 186 . Given under the seal of this court, this Hours of attendance at the office of the registrar [place of office] from ten till four, except on when the office will be closed at one. [As the above forms will seldom be required, they are not to be printed, but are to be written on foolscap paper.] N.B.-The Rules of the Court of Probate and for the District Registrars in "Non-contentious" business are not given, as the County Court has only jurisdiction in contentious matters. SCALE OF COSTS. The same costs and charges as are now paid to counsel and attorney in the county courts under the provisions of section 33 of the Act 19 & 20 Vict. c. 108, shall be paid to counsel, proctors, solicitors, and attorneys in respect of proceedings in the county courts under the Acts 20 & 21 Vict. c. 77, and 21 & 22 Vict. c. 95, except that the fee to counsel and clerk may be a sum not exceeding 57. 10s. In pursuance of the powers vested in us by the Acts 19 & 20 Vict. c. 108, and 21 & 22 Vict. c. 95, we have framed the above, and we do hereby certify the same to the Lord Chancellor accordingly. J. MANNING. J. H. KOE. J. WORLLEDGE. I approve of the above, to come into force in all county courts on the 11th day of January, 1859. 3 January, 1859. CHELMSFORD, C. THE ALKALI ACT, 1863. 26 & 27 VICT. CAP. 124. An Act for the more effectual Condensation of Muriatic WHEREAS it is expedient to provide for the better condensation of the muriatic acid gas evolved in alkali works; be it 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: 1. This act may be cited as the "Alkali Act, 1863." 2. This act shall come into operation on the first day of January, one thousand eight hundred and sixty-four. 3. The term " alkali work," as hereinafter used, shall mean every work Interpretation of for the manufacture of alkali sulphate of soda, or sulphate of potash, in terms, which muriatic acid gas is evolved. The term "owner," as hereinafter used, shall mean the lessee or occupier or any other person carrying on any alkali work: The term "the inspector" shall mean the inspector to be appointed under this act. 4. Every alkali work shall be carried on in such a manner as to secure the condensation to the satisfaction of the inspector, derived from his own examination or from that of a sub-inspector, of not less than ninety-five per centum of the muriatic gas evolved therein: provided always, that nothing herein contained shall entitle the inspector to direct any alteration to be made in the process of manufacture or the apparatus used therein. If any alkali work is carried on in contravention of this section, the owner of that work shall, on its being made to appear to the court before which any proceedings for recovery of a penalty may be instituted that ninety-five per centum at least of the muriatic acid gas evolved in such work has not been condensed, be deemed to be guilty of an offence against this act, and be subject in respect of the first conviction to a penalty not exceeding fifty pounds, and in respect of every offence after a previous conviction to a penalty not exceeding one hundred pounds: provided always, that no such owner shall be convicted of more than one such offence in respect of any one day: provided also, that no such penalty shall be inflicted unless the inspector shall produce before the court having cognizance of the matter a statement in writing of the facts on which he founds his opinion that ninety-five per centum of the muriatic acid gas evolved in the alkali work is not condensed therein, and serve a copy thereof with the process commencing the proceedings. Owner to be in the first instance, unless he prove that the offence was committed by some agent, &c., without his knowledge, in which case such agent 5. The owner of any alkali work in which any offence against this act liable for offences has been proved to have been committed, and for which a pecuniary penalty may be imposed, shall in every case be deemed to have committed the offence, and shall be liable to pay the penalty, unless he shall prove to the satisfaction of the court before which any action shall be brought for the recovery of such penalty that he has used due diligence to comply with and to enforce the execution of this act, and that the offence in question was committed by some agent, servant, or workman, whom he shall charge by name as the actual offender, without his knowledge, consent, or connivance; &c., to be liable. in which case such agent, servant, or workman shall be liable to and may be sued for the payment of the penalty, and of the costs of all proceedings which may be taken for the recovery thereof, either against himself or against the owner under this act: provided that it shall be lawful for the inspector to proceed in the first instance against the person whom he shall believe to be the actual offender, without first proceeding against the owner, in any case in which it shall be made to appear to the satisfaction of such inspector that the owner has used all due diligence to comply with and to enforce the execution of this act, and that the offence has been committed by the person whom he may charge therewith without the knowledge, consent, or connivance of the owner, and in contravention of his orders. As to the registration of alkali works. Appointment of inspectors. What persons disqualified from acting as inspector. Duties and powers of inspector. 6. No alkali work shall at any time after the expiration of three months after the appointment of the inspector be carried on or prosecuted until such work has been registered by the owner with the inspector. In every register hereby required to be made there shall be inserted the name in full of the owner, and of the parish or township in which the work is situate, and within one month after the change of ownership in any such work the register of such work shall be amended by inserting the name of the new owner; and if any alkali work is carried on in contravention of this section, the owner thereof shall, on conviction, be deemed to be guilty of an offence against this act, and shall be subject to a penalty not exceeding five pounds for every day during which such work shall have been so carried on. 7. For the purpose of carrying into effect the provisions of this act, the Board of Trade may from time to time appoint any fit and proper person to be inspector of alkali works under this act, and may from time to time remove any inspector so appointed, and appoint another person in his place. The Board of Trade may also, on application of the inspector, from time to time appoint and remove such sub-inspector or sub-inspectors as the said board may deem necessary for the purpose of carrying this act into effect. Notice of the appointment of such inspector and sub-inspector shall be pubLondon Gazette," and a copy of the gazette shall be evidence of the appointment made. lished in the 8. No person, either directly or indirectly acting or practising as a land agent, or directly or indirectly engaged in any manufacture, or interested in any patent in or according to which the decomposition of salt or the condensation of muriatic acid gas may be effected, shall act as an inspector or sub-inspector under this act. 9. It shall be the duty of every inspector under this act to ascertain from time to time that all the alkali works are carried on in conformity with the provisions of this act, and to enforce the said provisions, and to cause notice to be given to every owner whose work shall be carried on in contravention of this act of the commission of such offence as soon as conveniently may be after the commission thereof; and with a view to the performance of that duty he or any sub-inspector may at all reasonable times, by day and by night, without giving previous notice, but so as not to interrupt the process of the manufacture, enter upon and inspect any alkali work, and examine into the efficiency of the condensing apparatus, and the quantity of muriatic acid gas condensed, and generally in all matters and works tending to show compliance or non-compliance with the provisions of this act. And the owner of such works, upon demand of the inspector, shall within a reasonable time furnish him with a plan, to be kept secret by such inspector, of those parts of such works in which the decomposition of salt or other process causing the evolution of muriatic acid gas or the condensation thereof is carried on. It shall be lawful for the inspector or any sub-inspector under his direction, but so as not to interfere with the process of the manufacture, to apply any tests or make any experiments he may think proper for the purpose of ascertaining the efficiency of the condensing apparatus, or the quantity of gas condensed; and the owner or agent of the works shall be deemed to be guilty of an offence against this act unless he renders to the said inspector or sub-inspector all necessary facilities for their entry, examination, and testing. 10. Salaries of inspectors. act. 11. Every person who wilfully obstructs any inspector or sub-inspector General penalties in the execution of this act, and every owner of any alkali work who refuses on violation of or neglects to afford to the inspector or sub-inspector the facilities necessary for making any entry, inspection, examination, or testing under this act, or who neglects or wilfully violates any provision of this act, for the neglect or violation of which no other penalty is by this act imposed, shall be guilty of an offence within the meaning of this act, and shall for every such offence incur a penalty not exceeding ten pounds. 12. Inspector to report to Parliament. 13. Power of owners to make special rules. 14. The following regulations shall be enacted with respect to the recovery As to recovery of in England of penalties for offences other than offences against a special rule : Every such penalty shall be recovered by action in the county court The action shall be brought, with the sanction of the Board of Trade, The court may, upon the application of either party, appoint a person If either party in any action for a penalty under this act feels aggrieved The appeal shall be in the form of a special case to be agreed upon by both parties or their attorneys; and if they cannot agree, to be settled by the judge of the county court upon the application of the parties or their attorneys: The court of appeal may draw any inferences from the facts stated in the case that a jury might draw from facts stated by witnesses: penalties in England for other than offences against a special rule. 11 Vict. c. lxxi. Application of penalties. Subject to the provisions of this section, all the enactments, rules, and 15 & 16. As to recovery of penalties in Scotland and Ireland. 17. All penalties recovered under this act, except in respect of offences against a special rule, shall be paid into the receipt of her Majesty's exchequer in such manner as the Commissioners of the Treasury may determine. 18. As to recovery of penalties for offences against special rules made by owners. 19. This act shall continue in force to the first day of July, One thousand eight hundred and sixty-eight, and no longer. |