103S 
THE PHARMACEUTICAL JOURNAL AND TRANSACTIONS. 
[June 24, 1871. 
under the hand of a Secretary of State, or the Lord 
lieutenant, shall be to all intents as valid as if granted 
by the local authority. 
11. Any officer authorized by the local authority may 
purchase any petroleum from any dealer in it, or may, 
on producing a copy of his appointment, purporting to 
be certified by the clerk or some member of the local 
authority, or producing some other sufficient authority, 
require the dealer to show him every or any place, and 
all or any of the vessels in which any petroleum in his 
possession is kept, and to give him samples of such 
petroleum on payment of the value of such samples. 
When the officer has by either of the means afore¬ 
said taken samples of petroleum, he may declare in 
writing to the dealer that he is about to test the same, or 
■cause the same to be tested, in manner provided by this 
Act, and it shall be lawful for him to test the same or 
cause the same to be tested, at any convenient place at 
such reasonable time as he may appoint, and the dealer 
or any person appointed by him may bo present at the 
testing, and if it appear to the officer or other person so 
testing that the petroleum from which such samples have 
been taken is petroleum to which this Act applies, such 
officer or other person may certify such fact, and the cer¬ 
tificate so given shall be receivable as evidence in any 
proceedings that may be taken against a dealer in petro¬ 
leum in pursuance of this Act; but it shall be lawful for 
a dealer proceeded against to give evidence in proof that 
such certificate is incorrect, and thereupon the court be¬ 
fore which any such proceedings may bo taken may, if 
such court think fit, appoint some person skilled in test¬ 
ing petroleum to examine the samples to which such cer¬ 
tificate relates, and to declare whether such certificate is 
correct or incorrect. 
Any expenses incurred in testing any petroleum of 
such dealer in pursuance of this section shall, if such 
dealer be convicted of keeping, sending, conveying, sell¬ 
ing, or exposing for sale, petroleum in contravention of 
this Act, be deemed to be a portion of the costs of the 
proceedings against him, and shall be paid by him ac¬ 
cordingly. In any other event such expenses shall be 
paid by the local authority out of any funds for the time 
being in their hands, and in case the local authority are 
the j ustices out of the county rate as part of the expenses 
■of such justices. 
12. Any dealer who refuses to show to any officer au¬ 
thorized by the local authority every or any place or all 
or any of the vessels in which petroleum in his possession 
is kept, or to give him such assistance as he may require 
for examining the same, or to give to such officer samples 
■of such petroleum on payment of the value of such 
samples, or who wilfully obstructs the local authority, or 
any officer of the local authority, in the execution of this 
Act, shall incur a penalty not exceeding twenty pounds. 
13. Where any court of summary jurisdiction is satis¬ 
fied by information on oath that there is reasonable 
ground to believe that any petroleum to which this Act 
.■applies is being kept, sent, conveyed, or exposed for sale 
within the j urisdiction of such court in contravention of 
.this Act, at any place, whether a building or not, or in 
.any ship or vehicle, such court shall grant a warrant by 
virtue whereof it shall be lawful for any person named 
an such warrant to enter the place, ship, or vehicle 
named in such warrant, and every part thereof, and 
.examine the same and search for petroleum therein, and 
take samples of any petroleum found therein, and if any 
petroleum to which this Act applies be found therein, 
which is kept, sent, conveyed, or exposed for sale, in 
■contravention of this Act, to seize and remove such pe¬ 
troleum and the vessel containing the same, and to de¬ 
tain such petroleum and vessel until some court of sum¬ 
mary jurisdiction has determined whether the same are 
•or not forfeited, the proceedings for which forfeiture shall 
be commenced forthwith after the seizure. 
Any person seizing any petroleum to which this Act 
applies in pursuance of this section shall not be liable to 
any suit for detaining the same, or for any loss or damage 
incurred in respect of such petroleum, otherwise than by 
any wilful act or neglect while the same is so detained. 
If any petroleum to which this Act applies is seized in 
pursuance of this section in any ship or vehicle, the 
person seizing the same may use for the purposes of the 
removal thereof, during twenty-four hours after the 
seizure, the said ship or vehicle, with the tackle, beasts, 
and accoutrements belonging thereto, and, if he do so, 
shall pay to the owner thereof a reasonable recompense 
for the use thereof, and the amount of such recompense 
shall, in case of dispute, be settled by the court of sum¬ 
mary jurisdiction before whom proceedings for the for¬ 
feiture are taken, and may be recovered in like manner 
as penalties under this Act may be recovered. 
Any person who, by himself or by any one in his 
employ or acting by his direction or with his consent, 
refuses or fails to admit into any place occupied by or 
under the control of such person, any person demanding 
to enter in pursuance of this section, or in any way ob¬ 
structs or prevents any person in or from making any 
such search, examination, or seizure, or taking any such 
samples as authorized by this section, shall be liable 
to pay a penalty not exceeding twenty pounds, and to 
forfeit all petroleum to which this Act applies which is 
found in his possession or under his control. 
14. Her Majesty may from time to time make, revoke 
and vary Orders in Council directing this Act or any 
part thereof to apply to any substance, and this Act, or 
the part thereof specified in the Order shall, during the 
continuance of the Order, apply to such substance, and 
shall be construed and have effect as if throughout it 
such substance had been included in the definition of 
petroleum to which this Act applies, subject to the fol¬ 
lowing qualifications: 
(1) The quantity of any substance to which this Act is 
directed by Order in Council to apply, which may 
he kept without a licence, shall be such quantity 
only as is specified in that behalf in such order, 
or if no such quantity is specified no quantity may 
be kept without a licence; 
(2) The label on the vessel containing such substance 
shall be such as may be specified in that behalf 
in the order. 
15. All offences and penalties under this Act, and all 
money and expenses by this Act directed to be recovered 
as penalties, shall be prosecuted and recovered under the 
provisions of the Summary Jurisdiction Acts before a 
court of summary jurisdiction, and all necessary powers 
and j urisdictions are hereby conferred on such court in 
Scotland. 
Provided as follows: 
1. A court of summary jurisdiction shall not impose a 
penalty exceeding fifty pounds, but any such court 
may impose that or any less penalty for any one 
offence, notwithstanding the offence involves a 
penalty of higher amount. 
2. The “ Court of Summary Jurisdiction,” when hear¬ 
ing and determining an information or complaint, 
shall be constituted in some one of the following 
manners; that is to say,— 
(fl) In England, either of two or more justices of the 
peace in petty sessions sitting at a place appointed 
for holding petty sessions, or of one of the magis¬ 
trates hereinafter mentioned, sitting alone or with 
others at some court or other place appointed for 
the administration of justice ; that is to say, the 
Lord Mayor or any alderman of the city of Lon¬ 
don, a metropolitan police magistrate, a stipen¬ 
diary magistrate, or some other officer or officers 
for the time being- empowered by law to do alone 
or with others any act authorized to be done by 
more than one justice of the peace: 
(5) In Scotland, of two or more justices of the peace 
sitting as judges in a justice of the peace court, or 
of one of the magistrates hereinafter mentioned 
