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hold any purchase money paid for or in respect of the said open space in trust for the benetit of the persons or class of persons for whose benefit the said open space was previously preserved and managed by the said trustees, and such persons or class of persops shall be discharged from any special rate or otber obligation previously imposed on tbem in respect of such open space.
It shall be lawful for any such trustees or managing body as aforesaid, in pursuance of any such resolution aa aforesaid, and with' such consent as aforesaid, for any valuable or nominal consideration, by way of rent or otherwise, or without any consideration, to grant or transfer to the Metropolitan Board, or to any such vestry or district board as afore3iid, any term of years or otber limited interest in or any right or easement over such open space, or to enter into any agreement with the Metropolitan Board or any suoh vestry or distriot board as aforesaid for the opening to the public of such open space, and the care and management thereof by suoh board or vestry at all times or at any specified time or times, without the transfer to suoh board or vestry of any interest in the soil of such open space; and any such grant, demise, transfer, or agreement as aforesaid shall be deemed a good execution of the trusts, powers, and duties imposed upon the said trustees by the Act or other instrument under which they are constituted or act.
A resolution nnder this section shall be deemed to have been duly passed if at a meeting of the trustees or other the persons constituting such managing body as aforesaid, summoned by at least one month's notioe in writing left at or sent by poet to tbeir last known or usual plaoe of abode, such resolution shall have been passed by a majority of two thirds in number of the persons present at such meeting, and if such resolution shall also have been con., firmed by two thirds io number of the persons present at a seoond like meeting, to be summoned by such notioe as aforesaid, and to be held at an interval of not less than one calendar month from the first meeting.
The consent of such owners and occupiers of houses as aforesaid Bhall be held to have been given and signified if, at a meeting of suoh persons summoned by at least one month's notioe in writing given as hereinafter directed, a resolution shall have been passed by a majority of at leaBt two thirds in number of the persons present at suoh meeting consenting to the oonveyanoe, grant, or transfer of the said open epaoe as aforesaid, or to such an agreement With tbe Metropolitan Board, vestry, or district board as aforesaid; and if snoh resolution shall also have been confirmed by two thirds in number of such owners and oroupiers present at a second like meeting, to be summoned in like manner to the first meeting, and to be held at an interval of not less than one calendar month from the first meeting.
Notioe of suoh meeting shall be given by leaving the same or sending the same through tbe post to every bouse fronting upon, or tbe owner or oocupier of which is liable to be epeoially rated for the maintenance of, the said open space, and by inserting the same as an advertisement at least three times in any two or more London daily papers, and such notioe shall state generally the object of the said meeting, and no suoh meeting shall be held between tbe first day of August in one year and the thirty-first day of January in the following year.
For tbe purposes of this section the owner of a bouse shall inolude any person entitled to any term of years therein ; and tbe oooupier of a house shall be the person rated to the relief of the poor in respect of tbe said house.
If at any meeting of such trustees or managing body, or at any meeting of suoh owners or occupiers as before mentioned, tbe resolution proposed at any suoh meeting be not carried, no meeting shall be oalled or held with tbe same objeot in reepeot to the same garden or open space until tbe expiration of three years from the day on whioh such resolution so proposed was rejected at any such meeting as above mentioned.
A oonveyanoe, assignment, demise, grant, or agreement under this section shall be made by an instrument under the common teal of tbe trustees or other managing body if suoh body be a corporation, and if it be not a corporation under the hands and seals of any five members
of Buoh body, or of all the mem iers th-reof if for the time being they be less than live in number.
Tbe trustees or other the managing body ofany such open spaoe as aforesaid may (anything contained in the Aot or other instrument under which they are constituted or aot to tbe contrary notwithstanding), in pursuance of any such resolution as aforesaid, and with suoh consent as aforesaid, signified as aforesaid, admit persons not owning, occupying, or residing in any house fronting on the said open spaoe to the enjoyment of tbe said open Bpace at all times, or at any specified time or times, and may regulate the admission of suoh persons thereto on snoh terms and conditions in all respeots as the trustees may think proper.
Any trustees so acting as aforesaid shall have the same power of making bye-laws as that conferred by the fourth section of the Act passed in the twenty-sixth year of Her Majesty, ohapter thirteen, intituled " An Ac: for the pro"tection of oertain garden or ornamental grounds in cities "and boroughs upon the committee therein mentioned."
Where the freehold of any snoh open spaoe as is referred to in this seation, and the freehold of all or of the major part of tbe houses round snch open space are vested in the same person or persons, tbe powers conferred by this section Bhall not be exercised without the oonseot of suoh person or persons.
3. Po'cer to transfer other open space to local authority.~\ The owner of any open spaoe within tbe metropolis which is Bobjeot to rights of user for exercise and recreation (secured by covenant or otherwise) in the owners and occupiers (or either of such classes) of any houses round or near tbe same may, with the consent (to be signified in manner herein after appearing) of such owners and occupiers of bouses, convey to the Metropolitan Board, or to tbe vestry or district board of the parish or district in which such open spce or any part thereof is situate, the sod of the said open space in trust for the enjoyment of the public; and the owner or «nv person or persons in whom any term of years or other limi'ed interest in such open space is vested may, with the like consent, gnat or transfer to the Metropolitan Board or such vestry or district board as aforesaid, in trust as aforesaid, any term of years or other limited interest in or any right or easement over snch open space, or enter into any agreem 'nt with the Metropolitan Board or any such vestry or district board as aforesaid for the opening to the puMio of such open space, and the care and management thereof by such boird or vestry either at all times or at any specified time or times without the trans'er to such board or vestry of any interest in the soil of such open space.
The consent of such owners and occupiers of houses as aforesaid shall be held to have been given and signified if at a meeting of such persons summoned by at least one mouth's notioe in writing (given as hereinafter directed) a resolution shall have been passed by a majority of at lexst two thirds in number of the persons present at such meeting consenting to the conveyance, grant, or transfer of the said open space as aforesaid, or to such an agreement with t ie Metropolitan Board, vestry, or distiict board as aforesaid, and the owner shall be thereupon discharged from any liability to any person entitled to such right of user as at, res iid in respect of any act done in accordance with such resolution.
Notice of such meeting shall be given by leaving the same or sending the same through tlio post to every house, the owner or occupier of which is entitled to any right of user, and by inserting the same aB an advertisement at least three times in any two or more London daily papers, and such notice Bhall state generilly the object of the said meeting; and no such meeting shall be held between the first day of August in one year and the thirty-first dny of January in the following year.
For the purposes of this section the owner of an open space shall beany peisou or persons in whom the soil of the open space is vested for an estate in possession during his or their life or lives or for any larger estate; tbe owner of a house fhall include anv person entitled to any term of years therein ; and the occupier of a house shall be the persjn rated to tbe relief of the poor in respect of the said bou-e.
4. Power to transfer disused burial grounds to local authority.] The owner of any c .urchyaid, cemetery, or burial grouud situate within the metropolis and closed for burial* eitber under an order of Her Majesty the Queen in Council, or otherwise, may convey the soil of such churchyard, cemetery, or burial ground, or grant any term of years or other limited interest therein to or enter into any agreement with the Metropolitan Board or the vestry or district board of the parish or district in which such churchyard, cemetery, or burial ground, or any part thereof, is situate for the purpose of giving the public access to the said churchyard, cemetery, or burial around, and preserving the same as an open space accessible to the public, and under the control of such board or vestry, and for the purpose of improving and laying out the same.
5. Power* and duties of local authority.'] The Metropolitan Board and the vestry or district board of the parish or district within which any open space, churchyard, cemetery, or burial ground, or anv part thereof, is s tuate may, by agreement, and for valuable or nominal consideration by way of payment in gross or of rent, or otherwise, or without any consideration, take and hold the soil and freehold of, or any term of years or other limited estate or interest in, or any right or easement in or over any open spice, churchyard, cemetery, or burial ground, and may, with reference to any open space, churohyard, oemetery, or burial ground, undertake the entire or partial care, management, and control thereof, whether any interest in the soil is transferrel to the board or vestry or not, and may for tho purposes aforesaid enter into any agreement with the persons authorised by this Act to agree with reference to anv open space, churchyard, cemetery, or burial ground or with any other persons interested therein.
Any estate or interest in or control over any open space, churchyard, cemetery, or burial ground acquired by the Metropolitan Biard, or any vestry or district board under the provisions of this Act, shall be held and administered f-y such board or Vestrv in trust to allow, and with a view to, the enjoyment by the public of such open space, churchyard, cemetery, or burial uronnd in an open condiion, free from buildings and under pr'per control and regulation, and for no other purpose, but such Mntropoliian Board, vestry, or district board shall not allow the playing of any games or ■ports therein; and the board or vary shall maintain and keep the same in a prod »nd decent state, and may inolose or keep the same inclosed with proper ratlings and pate", and may drain, level, lay out, turf, plant, ornameot, light, seat, and otherwise improve the same, and do all such works and thing', and employ such offers and servants, as may be requisite for the purposes a'oresaid, or any of them.
Provided that no board or vestry shall exercise any of the powers of management in this Act mentioned with reference to any consecrated ground, unless and until they are authorised Bo to do by the li-ense or faculty in that behalf of the bishop of the diocese in whi< h such consecrated ground is situate, whioh li ense or faoulty may be granted by such bishop upon the application of the board or vestry, and may extend to the removal of any tomb-stone or monument, under such conditions and subject to such restrictions as to the bishop may seem fit.
6. Byelaws.] The Metropolitan Board and any vestry or district board may, with reference to any open space, churchyard, cemetery, or burial ground in or over which it has acquired any estate, i> West, or control nnder the provisions of this Act, make bye'aws for the regulation thereof, and of the days and times of admission thereto, and the preservation of order and prevention of nuisances therein, and mar by auoh byelsws impose penalties for the infringement thereof and provide for the removal of any person infringing any such byelaw by any officer of the board or vestry or police constable.
Byelaws made under this Act shall be made in the same manner and subject to the same conditions as hyelaws made by the Metropolitan Board or by a vestry or district board, as the case may be, nnder the Metropolis Management Act, 1855.
7. Metropolitan Board and vestry or dietrirt b ard may carry out Act Jointly.] The Metropolitan B.>ard, or any vestry or district !>• anl, and where an open apace extends into two or more pariahes or districts two or more vestries or district boards, either with or without the Metropolitan Board, may jointly carry out the provisions of this Aot, and may enter into any agreement, on such terms as may be arranged between them, for so doing and for defraying the exrense< of the execution of the Act, and the Metropolitan
Board may defray the whole or any part of the i of the execution of this Act by any vestry or district board, and any vestry or district board may similarly defray the whole or any part of the expenses of the Metropolitan Board or, where an open space extends into two or more parishes or districts, of any other vestry or district board.
8. Provision for extra-parochial plncu.] Where any open space, churchvard, cemetery, or bnrial ground, by virtue of any Act of Parliament or otherwise, is extra-parochial, cr forms part of some parish other thsn that which surrounds the same, the vestry or district board acting for the parish surrounding the same may carry ont, or may enter into agreement with any one or more vestries or trict boards acting for any other parishes, on such as may be arranged between them, and may jointly ont, the provisions of this Act, and shall have fie same powers in every respect as if such open space, churchyard, cemetery, or burial ground were part of the parish or district of such vestry or district board.
9. Provision for compensation—8 & 9 Vict. e. 18.] No estate, interest, or right of a profitable or beneficial nature in, over, or affecting an open spsc», churchyard, cemetery, or burial ground shall, except wiih tho consent of the body or person entitled thereto, he tnken away or injuriously affected by anything done under this Act without cornpeosation being m'ide for the same; and such compensation shall he paid by the Metropolitan Board, vestry, or district board by wh cli such estate, int-re<t, or right is taken away or injuriously affected, and shall, in case of difference, be ascertained and provided in the same manner as if the same compensation were for the compulsory purchase and taking or the injurious affecting nf lands under the provisions of the Lands Clanses Consolidation Act, 1S45, and any Acts amending the same.
10. Expenses.] All expenses incurred nnder this Act by the Metropolian Boxrd or by any vestry or district board shall be defrayed out of the funds at their disposal respectively, or which they respectively are empowered to raise nnder the Metropolis Mansg-ment Act, 1855, and the several Aetj amending the same, and such expenses shall be deemed to be expenses for which provision is m»de by such Acts.
11. Extent of Acl-U & 15 Vict. c. 95—29 A 30 net. c. 122—32 & 33 Vict. c. 107 ] This Ant shall extend ooly to the metropolis, and shall not extend to tbe royal parka or to any land belonging to Her Majesty in right of her Crown or of her Duchy of Lancaster, or to any garden, ornamental ground, or ornamental land for tbe tim* being nnder the management of the Commissioners for the time being of Her Majesty's Works and Poblio Buildings or of the Commissioners for the time being aotiog Crown Estate Paving Act, 1851, or to any common within tbe meaning of the Metropolitan Act, 1866, and the Metropolitan Commoi Aot, 1869.
12. Application in city of London—41 ft 42 Vict. e. cxrvii. ] The powers in this Aot conferred on and in relation to the Metropolitan Board, vestries, and district boards shall in tbe city of London be exeroiseid by and have relation to the corporation, who shall defray, out of tbe menage of grain dnty or otherwise, all the expenses caused by or oonneoted with the exeontion of snoh powers by them; and any byelaws made by the corporation for the regulation of any open space aoqnired nnder tbe powers of this Aot shall be made and allowed in manner prescribed by the Corporation of London (Open Spaces) Act, 1878.
13. Short title.] This Act may be oited as the Metropolitan Open 8paoes Act, 1881; and this Aot and the Metropolitan Open Spaces Aot, 1877, may together be cited aa the Metropolitan Open Spaoea Acts, 1877 and 1881.
An Act to amend the Law relating to Coroners in Ireland. [11th August 1881.
An Act to authorise the establishment of a Court of Appeal for Her Majesty's colony of British Honduras.
[11th August 1881. CAP. XXXVII.
An Act to consolidate the Alkali Acta, 1863 and 1874, and to make further provision for regulating Alkali and certain other works in which noxious or offensive gases are evolved. [11th August 1881.
fie it enacted, &o.:
1. Short title.] This Act may be cited as the Alkali, *o., Works Regulation Act, 1881.
2. Commencement of Act.] This Act shall (save as otherwise provided in this Act) come into operation on the first day of January, 1882, which date is hereiu-after referred toastbe commencement of this Act.
Alkali Workt aid Alkali Waste.
3. Condensation of muriatic and other acid gases in alkali works.] Every alkali work shall be carried on in such manoer as to secure the condensation, to the satisfaction of the chief inspector, derived from his own examination, or from that of some other inspector1—
(a.) Of the mnriatia acid gas evolved in such work, to the extent of ninety-five per centum, and. to eucb an extent that in each cnbic foot of air, smoke, or chimney gases, escaping from the works into the atmosphere, there is not contained more than one-fifth part of a grain of muriatic acid. (4.) Of the acid gases of sulphur and nitrogen which are evolved in the process of manufacturing sulphuric acid or sulphates in the work, to such an extent that the total acidity of such gases in each cubic foot of air, smoke, or gases, escaping into the chimney or into the atmosphere, does not exceed what is equivalent to four grains of sulphuric anhydride. The owner of any alkali work which is carried on in contravention of this seotion shall be liable to a fine not exoeeding, in the case of the first offence, fifty pounds, and in the case of every subsequent offence, one hundred pounds.
4. Best practicable means to be used for preventing disc/targe of noxious and offensive gases in alkali works.] In addition to the condensation of acid gases as aforesaid, the owner of every alkali work shall use the best practicable meant for preventing the discharge into the atmosphere of all noxious gases and of all offensive gases evolved in such work, or for rendering such gases harmless and inoffensive when discharged, subject to the qualification that no objection shall be taken under this section by an inspector to any disoharge of gas by a chimney or floe, on the basis of the amount of acid gas per cubic foot of air, smoke, or gases, where that amount does not exceed the amount limited by the last preceding section.
If the owner of any alkali work fails, in the opinion of the court having cognizance of the matter, to use such means, he shall be liable to a fine not exceeding, in the case of tbe first offence, twenty pounds, and in the case of every subsequent offence, fifty pounds, with a further sum not exceeding five pounds for every day during which any such subsequent offence has continued.
5. Acid drainage and alkali waste to be kept apart—39 & 40 Vict. c. 75. ] Every work in which acid is produced or used shall be carried on in such manner that the acid shall not come in contact with alkali waste, or with drainage therefrom, so as to cause a nuisance.
_ The owner of any work which is carried on in contraven tion of this section shall be liable to a fine not exceeding, in the case of the first offence, fifty pounds, and in the case of every subsequent offence, one hundred pounds, with a further •urn uot exceeding five pounds for every day during which any such subsequent offence has continued.
On the request of the owner of any sucb work as is mentioned in this section the sanitary authority of the distriot in which such work is situate shall, at the expense of such owner, provide and maintain a drain or channel for carrying off the acid produced in such work into the sea or into any nveror watercourse into which such acid can be carried without contravention of the Rivera Pollution Prevention Aot, 1876; and the sanitary authority shall for the purpose of providing any such drain or channel have the like powers
as they have for providing sewers, whether within or without their district, under the Public Health Act.
Compensation ehall be made to any person for any damage sustained by him by reason of the exeroise by a sanitary authority of the powers conferred by this section, and snob compensation shall be deemed part of the expenses to be paid by the owner making the request to the sanitary authority nnder this seotion.
6. Deposit or discharge of alkali waste.] Alkali waste shall not bs deposited or discharged without the beat praotioable means being used for effectually preventing any nniaanoe arising therefrom.
Any person who causes or knowingly permits any alkali waste to be deposited or discharged in contravention of this seotion shall be liable to a fine not exoeeding, in tbe oase of the first offenoe, twenty pounds, and in the oase of every subsequent offenoe, fifty pounds, with a further sum not exoeediog five pounds for every day during whioh any such subsequent offenoe has continued.
7. Prevention of nuisance from alkali waste already deposited or discliarged.] Where alkali waste has been deposited or discharged, either before or after the oonu menoement of this Aot, and complaint is made to the ohief inspector that a nuisance is occasioned thereby, the ohief inspector, if satisfied of the existence of tbe nniaanoe, and that it is within the power of the owner or occupier of the land to abate it, shall serve a notice on suoh owner or occupier requiring him to abate the nuisance; and if suoh owner or oooupier fails to use the best praotioable and reasonably available means for the abatement thereof he shall be liable to a fine not exoeeding twenty pounds, and if he does not proceed to use such means within suoh time as shall be limited by the court ioflioting suoh fine then he shall be liable to a further penalty of five pounds per day from tbe expiration of the time so limited.
Sulphuric Acid Works and other specified Works.
8. Condensation of acid gases in sulphuric acid works.] Every sulphuric aoid work as defined in the sohedule to this Aot shall be carried on in such manner as to secure the condensation, to tbe satisfaotion of the ohief inspector, derived from his own examination or from that of some other inspector, of the acid gases of sulphur and nitrogen whioh are evolved in the process of the manufacture of sulphnrio aoid in suoh woik, to suoh an extent that the total acidity of suoh gases in each onbio foot of air, smoke, or gases esoaping into the ohimney or into the atmosphere does not exceed what is equivalent to four grains of sulphnrio anhydride.
The owner of any snlphurio aoid work which is carried on in oontravention of this seotion shall be liable to a fine not exoeeding, in tbe oase of the first offenoe, fifty pounds, and in the oase of every subsequent offenoe, one hundred pounds.
9. Best practicable means to be used for preventing discharge of noxious and offensive gases in schedultd works.] The owner of any work specified in the schedule to this Act (hereinafter referred to as a scheduled work) shall use the best practicable means for preventing tbe discharge into the atmosphere of all noxious gases and of all offensive gases evolved in such work, or for rendering such gases harmless and inoffensive when discharged, subject to the qualification, in the esse of sulphuric acid works, that no objection shall be taken under this section by an inspector to any discbarge of gas by a chimney or flue, on tbe basis of the amount of acid gas per cubic foot of air smoke or gases, where that amount does not exceed the amount limited by the last preceding section.
If the owner of any such work fails, in the opinion of the oourt having cognizance of the matter, to use suoh means, be shall be liable to a fine not exceeding, in the case of the first offence, twenty pounds, and in the case of every subsequent offence, fifty pounds, with a further sum not exceeding five pounds for every day during which any such subsequent offence bas continued.
10. Provisional Order to prevent discharge of certain gases in salt works.] An inspector may from time to time inquire whether, in any works in which the extraction of salt from brine is carried on, hereinafter called salt works, means can be adopted at a reasonable expense for preveniiug the discharge from the furnaces or chimneys of such works into the atmosphere of sulphurous and muriatic acid gases evolved in such works, or either of such gases, or for rendering such gases, or either of them, harmless or inoffensive when discharged; also whether in any works in whioh aluminous deposits are treated for the purpose of making cement, herein-after called cement works, snob means as aforesaid can he adopted with respect to the noxious or offensive gases evolved from such works.
Where it appears to the Local Government Board that such means can be adopted at a reasonable expense the Board may from time to time by order require the owners of snoh works to adopt the beat practicable means for the purpose, and may by the order limit the amount or proportion, in the case of salt works, of sulphurous or muriatic acid gas, and in the case of cement works of any noxious or offensive gas, which is to be permitted to escape from such works into the chimney or into the atmosphere, and may also by the order extend to such works such provisions of this Act relating to scheduled works as they see fit.
An order made under this section shall be provisional only and shall not be of any validity until confirmed by Parliament, but when so confirmed shall have full effect, with such modifications as may be made therein by Parliament; and the expression "this Act" when used in this Act shall be deemed to include an order so confirmed, so far as is consistent with the tenor of that order.
The Board shall take such steps as they may think fit for giving notice to persons interested of the provisions of any order made by them under this section before any Bill for confirming the same is introduced into Parliament.
An order made under this section may impost) fines for a breach of its provisions of like amount as any fines imposed by this Aot for offences against this Act.
(i.) Registration of Works.
11. Registration of works and stamp duty.] (1.) An alkali work or a work to which Part II. of this Act applies shall not, after the first day of April 1882, be carried on unless it is certified to be registered.
(2.) The work shall be registered in a register containing the prescribed particulars, and the register shall be conducted and the certificates issued in, the prescribed manner.
(8.) The owner of an alkali work or of a work required to be registered shall in the month of January or February in every year apply for a certificate of registration in the prescribed manner, and on suoh application and compliance with the oonditions as to registration the certificate shall be issued, and shall be in foroe for one year from the first day of April following tbe said application.
(4.) The owner of an alkali work or of a work required to be registered erected after the commencement of this Aot shall before commencing any manufacture or process in snoh work apply for suoh oertifioate in the prescribed manner, and on snoh applioation and compliance witb tbe conditions as to registration the oertifioate shall be issued as soon as may be, and shall be in force until the next first day of April.
There shall be charged in respect of every snob certificate, in the ease of an alkali work, the dnty of five pounds ; and in the case of a work required to be registered, not being an alkali work, the duty of three pnoadsj,
(5.) Written notice of any change which occurs in the ownership of a work or in the other particulars stated in the register shall within one month after such change be sent by the owner to an inspector, and the register and the certificate shall be altered accordingly in the prescribed manner without charge and without the issue of a new certificate. If such notice is not sent as so reqni'ed the work shall not be deemed to be certified to be registered.
'6.) The owner of a work which is carried on in contravention of this section shall be deemed gnilty of an offence against this Act, and shall be liable to a fine not exceeding five pounds for every day during which it is
so curried on.
12 Certificate of inspector prior to registration of new vorks.] An alkali work or a scheduled work, erected after tbe coitmencement of this Act, or which has been closed for
a period of twelve months, shall not be registered under thi • Act unless the work is furnished with such appliances as at the time of registration appear to the chief inspector after his own examination, or that of an inspector, or in case of difference to the central anthority, to be necessary in order to enable the work to be carried on in accordance with snch requirements of this Act as for the time being apply to snch work.
13. Supplemental provisions as to duties.] The duties charged in respect of a certificate of registration under this Act shall be stamp duties under the management of the Commissioners of Inland Revenue, and all the Acts relating to stamp duties, particularly those relating to forgery fraudulent dies and other offences in connexion with stamp duties, shall apply accordingly ; and for tbe purpose of the said duties the Commissioners of Inland Revenue shall issne stamped forms of certificate, and the Commissioners may issue tbe same it any time after tho passing of this Aot.
14. Appointment of inspectors—26 & 27 Pid. c 124—37 it 38 Vict.e. 43.] Tbe Local Government Board shall at any time after tbe passing of this Aot, and from time to time, with the approval of the Commissioners of Her Majesty's Treasury as to numbers and salaries or remuneration, appoint such inspectors (under whatever title tbey from time to time fix) as the Board think necessary for the exeontion of this Aot, and may assign them tbsir duties and award them their salaries or remuneration, and shall constitute a ohief inspector, aod may regulate the oases and manner in whioh the inspectors, or any of them, are to execute and perform the powers and duties of inspectors nnder this Aot, aod may remove such inspectors.
Notice of the appointment of every Bnoh inspector shall be published in the London Gazette, and a copy of the Gazette shall be evidenoe of the appointment.
The salaries or remuneration of the inspectors, and such expenses of the execution of this Act as the Commissioaers of Her Majesty's Treasury may sanction, shall be paid oat of moneys provided by Parliament.
The inspector appointed before the commencement of this Aot nnder the Alkali Acts 1863 and 1874, shall be deemed to be the first ehief inspector under this Act, and the snbinspeotors appointed nnder those Acs before the commencement of this Aot shall be deemed to be inspectors appointed under this Act. A person holding the office of ohief in«pectnr (other than the person at the commencement of this Act discharging the duties thereof) or inspector shall not bo employed in any other work except by or with the saacttaa of the authority appointing him to such office.
15. Disqualification of certain persons for inspectors.] A person who acts or practises as a land agent, or wio is engaged or interested directly or indirectly in any wo k to which this Act applies, or in any patent for any proceat or apparatus carried on or used in any snch work, or m any process or apparatus connected with the condensation of acid gases, or with the treatment of alkali Waste, or with preventing tbe discharge into the atmosphere or rendering harmless or inoffensive any noxious or offensive gas or otherwise with any of tbe matters dealt with by this Act, or who is employed in or about or in connection with any work to which this Act applies, or in any other chemical work for gain, shall be disqualified to act as an inspector nnder this Act.
16. Powers of inspectors.] For the purpose of the execution of this Act, an inspector may at all reasonable time* by day or night, without giving previous notice, bat so as not to interrupt the process of the manufacture, enter and inspect any work to which this Act applies, and examine any process oansing the evolution of any noxious or offensive gaa, and any apparatus for condensing any snch gas, or ott>«rwiae preventing the discharge thereof into the atmosphere, or for rendering any suoh gas harmless or inoff-nsive when discharged, and may ascertain the quantity of gas discharged into the atmosphere, condensed, or otherwise dealt with; and may enter and inspect any place where alkali waste is treated or deposited, or where any liquid co* taieing acid is likely to come into contact with alkali waste; and generally may inquire into all matters and processes which tend to show compliance or con-compltaoee with such of the provisions of this Act as are for tbe time being applicable to the work or place entered, or which seem necessary or proper for the execution of his duties under this Act.
An inspector may, but so as not to interrupt the process of the manufacture, apply any tests and make any experiments he may think proper for the purpose of the execution of his duties under this Act.
17. Facilities for inspection.'] The owner of any work which this Act applies shall, on the demand of the ohief inspector, furnish him within a reasonable time with apian, to be kept seoret, of those parts of Buoh work in which any process causing the evolution of any noxious or offensive gas, or any process for the condensation of such gas or preventing the discharge thereof into the atmosphere, or for rendering any such gas harmless or inoffensive when discharged, is carried on.
The owner of every such work and his agents shall render to every inspector all necessary facilities for an entry inspection examination and testing in pursuance of this Act.
Every owner of a work in which such facilities are not afforded to an inspector as are required by this Act, or in which an inspector is obstructed in the exeoution of his duty under this Act, and every person wilfully obstructing an inspector in the execution of bis duty under this Act, shall be deemed guilty of an offence against this Act, and shall be liable to a fine not exceeding ten pounds.
18. A nnual report to Local Government Board.] The chief inspector shall on or before the first day of Mtrch in every year make a report in writing to the Local Government Board of the proceedings of himself and of the other inspectors under this Act, who shall furnish him with a detailed account of the number of inspeotions of works in their districts, and the recorded ©scapes of acid gases from such works during the preoediog year, and a copy of suoh report shall be laid before both Houses of Parliament.
19. Additional inspector on application of sanitary authorities.] If any sanitary authority or authorities apply to the central authority for an additional inspector under this Act, and undertake to pay a proportion of his salary or remuneration, not being less than one half, out of any rate or rates leviable by such authority or authorities (which undertaking such authority or authorities are hereby authorised to give and to carry into effect), the Local Government Board may (if tbey see fit) from time to time, with the sanction of the Commissioners of Her Majesty's Treasury, appoint aa additional inspector under this Act, to reside within a convenient distance of the works he is required to inspect ; and such inspector shall have the same powers and be subject to the same power of removal and the same regulations and liabilities as other inspectors under this Act.
The proportion of salary or remuneration aforesaid shall be paid at the prescribed time or times into Her Majesty's Exchequer, and in the case of failure on the part of any sanitary authority to pay any sum payable by them in pursuance of this section, the s*me may be recovered by action in any court of competent jurisdiction.
(iii.) Spie'al Rules.
20. Power of owners of works to mike special rules.] The owner of an alkali work or a scheduled work may, with the sanction of the central authority, make, and when made, alter add to and repeal special rules for the guidance of his workmen who are employed in any process causing the evolution of any noxious or offensive gas, or whose duty it is to attend to the apparatus used in the condensation of that gas, or for preventing the discharge thereof into the atmosphere, or for rendering any such gas harmless and inoffensive when discharged, and may annex fines to any violation of such rules, so that the flue for any offence do not exceed two pounds.
A printed copy of the special rules in force under this section in any work shall be given by the owner of that work to «very person working or employed in or about that work who is affected thereby.
Any fine incurred under this Act in respect of an offence against a special rule may be recovered summarily.
21. Provision as to calculation of acid.] In calculating the proportion of acid to a cubic foot of air, smoke, or gases, for the purposes of this Act, such air, smoke, or gases shall be calculated at the temperature of sixty degrees of Fahren
heit's thermometer, and at a barometric pressure of thirty inches.
22. Recover;/ of fines for offences against Act in county court.] The following regulations are hereby enacted with respect to the recovery of fines for offences other than offences against a special rule.
Every such fine shall be recovered by action in the county court having jurisdiction in the district in which the offence is alleged to have been committed. The action shall be brought, with the sanction of the central authority, by the chief inspector, or by such other inspeotor as the Local Government Board may in any particular oase direct, within three mouths after the commission of the offence, and for the purposes of suoh aotion the fine shall be deemed to be a debt due to such inspector:
The plaintiff in any action for a fine under this Act shall be presumed to be an inspector authorised under this Act to bring the action, until the contrary is proved by the defendant:
The court may, on the application of either party, appoint a person to take down in writing the evidence of the witnesses, and may award to that person such remuneration as tbe court thinks just; and the amount so awarded shall be deemed to be costs in the action:
If either party in any action under this Act feels aggrieved by the decision of the court in point of law, or on the merits or in respect of the admission or rejection of any evidence, he may appeal from that decision to the High Court of Justice:
The appeal shall be in the form of a special oase to be agreed on by both parties or their solicitors, and if they cannot agree, to be settled by the judge of the county court on the application of the parties or their solicitors:
The court of appeal may draw any inference from the fasts Btated in tbe case that a jury might draw from facts stated by witnesses:
Subject to the provisions of this section, all the enactments, rules, and orders relating to proceedings in actions in county courts, and to enforcing judgments in county oourts, and appeals from decisions of the county court judges, and to the conditions of suoh appeals, and to the power of the High Court of Justice, or any division or judge thereof, on such appeals, shall apply to an action for a fine under this Act, and to an appeal from such action, in the same manner as if suoh action and appeal related to a matter within the ordinary jurisdiction of the court.
Within the city of London and the liberties thereof the sheriffs' court, established by a Local Act passed in the eleventh year of the reign of Her present Majesty, chapter seventy-one, intituled An Act for the more easy recovery of small debts and demands within tbe City of Loudon and tbe liberties tbereof, shall be deemed to be the county court for the purposes of this Act:
In Scotland tbe court of the sheriff or sheriff substitute of the county in which the offeoce is committed shall be the county court for the purposes of tbis Act, and may award costs to either party, and may sentence the offender to imprisonment for any period not exceeding six months, unless the fine and costs be previously paid; and any decision or sentence of such sheriff or sheriff substitute shall be subject to review and appeal according to law;
In Ireland such fines as are in this section mentioned may be reoovered by civil bill, in the manner and with the appeal directed by an Act passed in the fourteenth and fifteenth years of Her present Mijesty, chapter fiftyseven, or any Act or Acts amendiug the law relating to civil bills.
23. Farther provisions as to recovery of fines in county court.] In any proceeding under this Aot in relation to a fine for an offence o'her than an offence against a special rule— (a.) It shall be sufficient to allege that any work is a work
to which this Aot applies, without more; and (J.) It shall be sufficient to state the name of the registered
or ostensible owner of the work, or the title of the firm
by wbiob the employer of persons in such work is
usually known. A person shall not be subject to a fine under this Act for