offence under this Act may be prosecuted and every penalty under this Act may be recovered, and all explosives and ingredients liable to be forfeited under this Act may be forfeited either on indictment or before a court of summary jurisdiction, in manner directed by the Summary Jurisdiction Acts. Provided that the penalty imposed by a court of summary jurisdiction shall not exceed one hundred pounds exclusive of costs, and exclusive of any forfeiture or penalty in lieu of forfeiture, and the term of imprisonment imposed by any such court shall not exceed one month. All costs and money directed to be recovered as penalties may be recovered before a court of summary jurisdiction in manner directed by the Summary Jurisdiction Acts. A court of summary jurisdiction may by order prohibit a person from doing any act for doing which such person has twice been convicted under this Act, and may order any person disobeying such summary order to be imprisoned for any period not exceeding six months. XCII. Power of offender in certain cases to elect to be tried on indictment, and not by summary jurisdiction.—Where a person is accused before a court of summary jurisdiction of any offence under this Act, the penalty for which offence as assigned by this Act, exclusive of forfeiture, exceeds one hundred pounds, the accused may, on appearing before the court of summary jurisdiction, declare that he objects to being tried for such offence by a court of summary jurisdiction, and thereupon the court of summary jurisdiction may deal with the case in all respects as if the accused were charged with an indictable offence and not an offence punishable on summary conviction, and the offence may be prosecuted on indictment accordingly. XCIII. Appeal to quarter sessions.-If any party feels aggrieved by any summary order made by a court of summary jurisdiction under this Act, or by any order or conviction made by a court of summary jurisdiction in determining any complaint or information under this Act, by which order or conviction the sum adjudged to be paid, including costs, and including the value of any forfeiture, exceeds twenty pounds, the party so aggrieved may appeal therefrom to quarter sessions, in manner provided with respect to an appeal to quarter sessions by section one hundred and ten of the Act of the session of the twenty-fourth and twenty-fifth years of the reign of her present Majesty, chapter ninety-six. XCIV. Constitution of court.-The court of summary jurisdiction, when hearing and determining an information or complaint, in respect of any offence under this Act, shall be constituted either of two or more justices of the peace in petty sessions sitting at a place appointed for holding petty sessions, or of some magistrate or officer sitting alone or with others at some court or other place appointed for the administration of justice, and for the time being empowered by law to do alone any act authorised to be done by more than one justice of the peace. XCVI. Application of penalties and disposal of forfeitures.—All penalties imposed in pursuance of this Act by a court of summary jurisdiction upon the prosecution of a Government inspector shall, notwithstanding anything in any other Act, be paid into the receipt of her Majesty's Exchequer, in such manner as the Treasury may from time to time direct, and be carried to the Consolidated Fund. Any explosive or ingredient forfeited in pursuance of this Act may be sold, destroyed, or otherwise disposed of in such manner as the court declaring the forfeiture, or the Secretary of State, may direct, and the proceeds of any such sale or disposal shall be paid, applied, and accounted for in like manner as penalties under this Act. 1875. 38 VICT. Cap. 17. The receptacle containing any such explosive or ingredient may be forfeited, sold, destroyed, or otherwise disposed of, in like manner as the contents thereof. The provisions of Part Three of this Act with respect to an explosive, or ingredient of an explosive, seized in pursuance of this Act, and to the officer seizing, removing, detaining, keeping, or conveying, or otherwise dealing with the same, shall apply to any explosive and ingredient declared by any court to be forfeited, and to the officer removing, detaining, keeping, conveying, selling, destroying, or otherwise disposing of the same. The court declaring the forfeiture, or the Secretary of State directing the sale or other disposal of any forfeited explosive or ingredient, and the receptacles thereof, may require the owner of such explosive or ingredient to permit the use of any ship, boat, or carriage containing such explosive or ingredient for the purpose of such sale or disposal, upon payment of a reasonable compensation for the same, to be determined in case of dispute by a court of summary jurisdiction; and where the explosive or ingredient is directed to be destroyed, the owner and the person having possession of such explosive or ingredient, and the owner and master of the ship, boat, or carriage containing the same, or some or one of them, shall destroy the same accordingly, and if the court or Secretary of State so order, the ship, boat, or carriage may be detained until the same is so destroyed; and if the Secretary of State is satisfied that default has been made in complying with any such direction by him or by a court, and that the detention of the ship, boat, or carriage will not secure the safety of the public, and that it is impracticable, having regard to the safety of the public or of the persons employed in such destruction, to effect the same without using such ship, boat, or carriage, or otherwise dealing with such ship, boat, or carriage, in like manner as if it were a receptacle for an explosive forfeited under this Act, the Secretary of State may direct such ship, boat, and carriage, or any of them, to be, and the same may accordingly be, so used or dealt with. EXEMPTIONS AND SAVINGS. XCVII. Exemption of Government factories, etc., from the Act.-This Act shall not apply— (1) To any factory, magazine, store, premises, wharf, place, or explosive under the control of a Secretary of State,1 the Admiralty, or other department of the Government, or otherwise held for the service of the Crown, or to the manufacture, keeping, or importation of such explosive; or (2) To any of her Majesty's ships, boats, or carriages; or (5) To the conveyance of any explosive under the control of a Secretary of State,1 the Admiralty, or other department of the Government, or to the conveyance of any explosive otherwise held for the service of the Crown when the same is being conveyed in accordance with the regulations of a Secretary of State or1 the Admiralty or other department of the Government: Provided that every person who enters without permission or otherwise trespasses upon any factory, magazine, or storehouse above in this section mentioned or the land immediately adjoining thereto in the occupation of the Crown or of a Secretary of State or the Admiralty or other department of the Government, or if it adjoin such a storehouse in the occupation of the officer or person in whom such storehouse is vested, and any person found committing any act tending to cause explosion or fire in or about such factory, magazine, or storehouse, shall be liable to the like penalty, and may be removed and arrested in like manner as if this section had not been enacted and this Act applied to such factory, magazine, or storehouse, as above in this section mentioned. 1 Unnecessary words omitted by 56 & 57 Vict. c. 54. C. Saving for master of ship and carrier in case of emergency.-Nothing in this Act shall render liable to any penalty or forfeiture the owner or master of any ship or boat, or any carrier or warehouseman, or the person having charge of any carriage, for any act done in breach of this Act, if he prove that by reason of stress of weather, inevitable accident, or other emergency, the doing of such act was, under the circumstances, necessary and proper. CII. Saving clause as to liability.-This Act shall not, save as is herein expressly provided, exempt any person from any action or suit in respect of any nuisance, tort, or otherwise, which might, but for the provisions of this Act, have been brought against him. This Act shall not exempt any person from any indictment or other proceeding for a nuisance, or for an offence which is indictable at common law, or by any Act of Parliament other than this Act, so that no person be punished twice for the same offence. When proceedings are taken before any court against any person in respect of any offence under this Act, which is also an offence indictable at common law or by some Act of Parliament other than this Act, the court may direct that, instead of such proceedings being continued, proceedings shall be taken for indicting such person at common law or under some Act of Parliament other than this Act. A continuing certificate granted under this Act shall not make lawful any factory, magazine, or store, or any part thereof, which immediately before the passing of this Act was unlawful. 1875. DEFINITIONS. CIV. Extension of definition of explosive to other explosive substances.—Her Majesty may, by Order in Council, declare that any substance which appears to her Majesty to be specially dangerous to life or property by reason either of its explosive properties, or of any process in the manufacture thereof being liable to explosion, shall be deemed to be an explosive within the meaning of this Act and the provisions of this Act, (subject to such exceptions, limitations, and restrictions as may be specified in the order) shall accordingly extend to such substance in like manner as if it were included in the term explosive in this Act. CVI. Definition and classification of explosives by Order in Council.—It shall be lawful for her Majesty from time to time, by Order in Council, to define, for the purposes of this Act, the composition, quality, and character of any explosive, and to classify explosives. Where the composition, quality, or character of any explosive has been defined by an Order in Council, any article alleged to be such explosive which differs from such definition in composition, quality, or character, whether by reason of deterioration or otherwise, shall not be deemed, for the purposes of this Act, to be the explosive so defined. CVIII. General definitions. In this Act, unless the context otherwise requires The expression "this Act" includes any licence, certificate, bye-law, regulation, rule, and order granted or made in pursuance of this Act: The expression "existing" means existing at the passing of this Act: 38 VICT. Cap. 17. The expression "person" includes a body corporate: The expression "railway company" means any person or body of persons, The expression "wharf" includes any quay, landing-place, siding, or other place at which goods are landed, loaded, or unloaded : The expression "carriage" includes any carriage, waggon, cart, truck, vehicle, or other means of conveying goods or passengers by land, in whatever manner the same may be propelled. APPLICATION OF ACT TO SCOTLAND. This Act shall apply to Scotland, with the following modifications; that is to say, CIX. Definitions. In this Act with respect to Scotland (9) The expression "misdemeanour" means a crime and offence: (11) This Act shall be read and construed as if for the expression "The CXIV. Provision for making and enforcing bye-laws, etc.-In Scotland, the following provisions shall have effect: (a) Where an obligation is laid by this Act on any harbour authority, company, or local authority to make or enforce any bye-laws or to grant any licence or to do anything, the Court of Session may, upon summary application by any corporation, harbour authority, or local authority, or party interested, compel such harbour authority, company, or local authority to discharge such obligation: (6) Every offence under this Act shall be prosecuted, every penalty recovered, and every forfeiture or order made at the instance of the Lord Advocate or of the procurator fiscal of the sheriff court: (c) The proceedings may be on indictment in the Court of Justiciary,1 or in the sheriff court, or may be taken summarily in the sheriff court under the provisions of The Summary Procedure Act, 1864, as the Lord Advocate shall direct: 1 Unnecessary words omitted by 56 & 57 Vict. c. 54. (d) All costs and moneys directed to be recovered as penalties may be recovered in the sheriff court at the instance of the procurator fiscal of that court, under the provisions of The Summary Procedure Act, 1864: (e) In Scotland, all penalties imposed in pursuance of this Act shall be paid to the clerk of the court imposing them, and shall by him be accounted for and paid to the Queen's and Lord Treasurer's Remembrancer, and be carried to the Consolidated Fund; and the proceeds of any sales of explosives or of the ingredients of explosives, or of the receptacles of explosives or their ingredients, or of any ship, boat, or carriage, forfeited (f) In Scotland, every person found liable in any penalty or costs or to REPEAL OF ACTS. CXXII. Repeal of certain Acts and part of Act in 4th and 5th Schedules.1 1 Partly repealed by 46 & 47 Vict. c. 39, and wholly by 56 & 57 Vict. c. 54. FOURTH SCHEDULE.1 1 Repealed by 56 & 57 Vict. c. 54. 1875. THE ENTAIL AMENDMENT (SCOTLAND) ACT.-38 & 39 VICT. AN ACT TO FURTHER AMEND THE LAW OF ENTAIL IN SCOTLAND.-[11th Preamble.1 1 Repealed by 56 & 57 Vict. c. 54. I. Short title. This Act may be cited for all purposes as "The Entail Amendment (Scotland) Act, 1875." II. Commencement of Act.1 1 Repealed by 56 & 57 Vict. c. 54. III. Interpretation of terms.-In this Act the following terms shall have the meanings hereby assigned to them, unless the same are inconsistent with the context; that is to say, "Land” shall include all heritages: "Heir of entail" shall include the institute: "Entailed estate" shall include all heritages which by the law of Scotland may be made the subject of entail, and also all lands or other heritages held in trust for the purpose of being entailed, and all money or other property, real or personal, invested in trust for the purpose of purchasing land to be entailed, and also all money consigned in respect of the taking of any land forming part of any entailed estate: Improvements” shall include all or any of the following matters, and all (1) The draining, or the straightening, widening, deepening, or other- |