Home >> Business Encyclopedia And Legal Adviser >> Office to Or Power Of Attorney >> Petroleum_P1

Petroleum

authority, kept, licence, vessel, dealer, local and oil

Page: 1 2

PETROLEUM, and its safe keeping, is the subject of the Petroleum Acts, 1871 and 1879, and the Petroleum (Hawkers) Act, 1881, all which statutes are known generally as the Petroleum Acts, 1871-1881. The term " petroleum" includes any rock oil, Rangoon oil, Burinali oil, oil made from petroleum, coal, schist, shale, peat, or other bittuninous substance and any products of petroleum, or any of the above-mentioned oils. But ti:e legisla tion on the subject only applies to petroleum, within the above definition, which, when tested according to the manner set forth in the Act of 1879, gives off' an inflammable vapour at a temperature of less than 73° Fahrenheit. Bye-laws under the Acts are framed by every harbour authority regulating the movements of ships carrying petroleum ; and, subject to n, penalty of 1'50, the owner or master of every ship carrying a cargo including petroleum must, on entering any harbour within the United Kingdom, give notice of the nature of the cargo to the local harbour authority.

Labels.—In certain cases a vessel which contains petroleum must have attached thereto a label upon which is conspicuously stated the description of the petroleum, with the addition of the words highly inflammable." These cases occur where the petroleurn—(a) is kept at any prace except duriPg the seven days next after it has been imported ; or (b) is sent or con veyed by land or water between any two places in the United Kingdom ; or (c) is sold or exposed for sale. There must also be added to the statements on the label (a) in the case of a vessel kept, the name and address of the consignee or owner ; (b) in the case of a vessel sent or conveyed, the name and address of the sender ; (c) hi the case of a vessel sold or exposed for sale, the name and address of the vendor. For non-compliance with the fore going the petroleum and its vessel will be forfeited and a fine of £5 incurred. Regulations as to storage.—A licence of the local authority is generally neces sary in order that petroleum may be lawfully kept. If kept without such a licence the occupier of the premises becomes liable to a penalty of £20 a day for each day during which the petroleum is so kept. The exemption from this general necessity for a licence is found in the case of petroleum kept either for private use or for sale, and then only provided the following con ditions are complied with—(1) That it is kept in separate glass, earthenware, or metal vessels, each of which contains not more than a pint, or is securely stopped ; (2) that the aggregate amount kept, supposing the whole contents of the vessels to be in bulk, does not exceed three gallons. A licence may be

granted for only a limited time, and may be subject to renewal or not in such manner as the local authority think necessary. And further, there may be annexed to the licence conditions as to the mode of storage, the nature and situation of the premises in which, and the nature of the goods with which the petroleum is stored, the facilities for testing the petroleum, the mode of carrying the petroleum within the district of the licensing authority, and generally as to the safe keeping of the petroleum. A licensee who violates any of the conditions of his licence is deemed to be an unlicensed person. The authority cannot charge a higher fee for the licence than 5s. In case an authority refuses to grant a licence, the applicant may appeal from the refusal by memorialising a Secretary of State or the Lord Lieutenant. Testing.—The officer of a local authority has power to test the petroleum in his district ; and to exercise this power be is entitled to purchase petroleum from a dealer, or, upon producing his 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 thereof upon payment of their value. The officer can then take away the samples for the purpose of testing, and give notice to the dealer of the time and place of the test. The certificate of the test N, ill be evidence against the dealer in any proceedings against him under the Act ; but the dealer is entitled to give evidence that the certificate is incorrect, and thereupon the Court can appoint a skilled expert in petroleum to decide as to the accuracy or otherwise of the certifi cate. A penalty is incurred by refusing information to an officer, or obstruct ing him in his duty. So also is there for refusing or failing to admit him into a place, building, or ship in which he is authorised by warrant to search for petroleum. Such a warrant is issued upon information upon oath laid before the local magistrates.

Page: 1 2