5

10

15

20

25

30

35

40

45

3RD SCH. -cont.

may think most effectual for ascertaining the causes A.D. 1926. and circumstances of the accident, and for enabling them to make the report in this section mentioned : (3) The court shall have for the purpose of the investigation all the powers of a court of summary jurisdiction when acting as a court in hearing informations for offences against this Act, and shall have all the powers of a Government inspector under this Act, and in addition the following powers, namely

(a) They may enter and inspect any place or building the entry or inspection whereof appears to them requisite for the said purpose;

(b) They may by summons under their hands require the attendance of all such persons as they think fit to call before them and examine for the said purpose, and may for the said purpose require to be furnished to them answers or returns to such inquiries as they think fit to make;

(c) They may require the production of all books, papers, and documents which they consider important for the said purpose;

(d) They may administer an oath, and require any person examined to make and sign a declaration of the truth of the statements made by him in his examination :

(4) Persons attending as witnesses before the court shall
be allowed such expenses as would be allowed to
witnesses attending before a court of record; and in
case of dispute as to the amount to be allowed, the
dispute shall be referred by the court to a master of
one of the superior courts, who, on request under the
hands of the members of the court, shall ascertain
and certify the proper amount of the expenses :

(5) Any person who without reasonable excuse (proof
whereof shall lie on him) either fails, after having
had the expenses (if any) to which he is entitled
tendered to him, to comply with any summons or
requisition of a court holding an investigation under
this Act, or prevents or impedes the court in the
execution of their duty, shall for every such offence
incur a penalty not exceeding ten pounds, and in the
case of a failure to comply with a requisition for
furnishing any return or producing any document, not
exceeding ten pounds during every day that the
failure continues:

A.D. 1926

3RD SCH. -cont.

Powers of
inspectors.
(Explosives
Act, 1875,
s. 55.)

Provisions as to coroners'

inquests on deaths from accidents connected

with petroleum spirit. (Explosives Act, 1875, s. 65).

(6) The Government inspector making an inquiry into any
accident and the court holding an investigation of any
accident under this section shall make a report to the
Secretary of State, stating the causes of the accident
and all the circumstances attending it, and any 5
observations thereon or on the evidence or on any
matters arising out of the inquiry or investigation
which he or they think right to make to the Secretary
of State, and the Secretary of State shall cause every
report so made to him to be made public in such 10
manner as he thinks expedient.

4. A Government inspector shall have power to make such examination and inquiry as may be necessary to ascertain whether this Act is complied with, and for that purpose,

(1) he may enter, inspect, and examine at all reasonable 15
times by day any licensed premises, and every part
thereof, and any premises in which any petroleum
spirit is kept, or is suspected by him to be kept in
contravention of this Act; and

(2) he may require the occupier of any premises which he 20
is so entitled to enter, or a person employed therein
by the occupier, to give him samples of any petroleum
on the premises.

The occupier of any such premises as aforesaid, his agents
and servants, shall furnish the means required by an inspector 25
as necessary for every such entry, inspection and examination
which he is entitled under this section to make.

Any person who fails to permit an inspector to enter, inspect or examine as aforesaid, or to comply with any such requisition of an inspector as aforesaid, or who in any manner 30 obstructs an inspector in the execution of his duties, shall be liable, on summary conviction, to a fine not exceeding one hundred pounds.

5.-(1) Where a coroner holds an inquest upon the body of any person whose death may have been caused by any accident 35 of which notice is required by this Act to be given to the Secretary of State, the coroner shall adjourn the inquest unless a Government inspector, or some person on behalf of the Secretary of State, is present to watch the proceedings:

Provided that if the accident has not occasioned the death of 40 more than one person, and the coroner has sent to the Secretary of State notice of the time and place of holding the inquest not less than forty-eight hours before the time of the holding thereof, it shall not be imperative on him to adjourn the inquest in pursuance of this section if the majority of the jury think it 45 unnecessary that he should do so.

(2) The coroner before the adjournment, may take A.D. 1926. evidence to identify the body, and may order the interment thereof.

(3) The coroner, at least four days before holding the 5 adjourned inquest, shall send to the Secretary of State notice in writing of the time and place of holding the adjourned inquest.

(4) An inspector or person employed on behalf of the Secretary of State shall be at liberty at any such inquest as aforesaid to examine any witness, subject nevertheless to the 10 order of the coroner on points of law.

(5) Where evidence is given at an inquest at which no inspector or person employed on behalf of the Secretary of State is present, of any neglect as having caused or contributed to the accident, or of any defect in or about or in connection 15 with any licensed premises, or any carriage, ship or boat carrying petroleum spirit, appearing to the coroner or jury to require a remedy, the coroner shall send to the Secretary of State notice in writing of the neglect or defect.

20

25

30

6. In this Schedule

The expression "licensed premises " means any premises
in respect of which a licence is in force under the
Petroleum Act, 1871; and

The expression "Government inspector means a
Government inspector under the Explosives Act,

1875.

7. In the application of this Schedule to Scotland

3RD SCH. -cont.

Interpreta. tion.

Application

The expression "a master of one of the superior courts" to Scotland. means the auditor of the Court of Session;

The expression attending before a court of record "
means attending on citation
citation the High Court of
Justiciary;

The expressions "stipendiary magistrate" and "court
of summary jurisdiction" mean the sheriff; and
The expression "information " means complaint.