Page:Explosive Substances Act 1883 (UKPGA Vict-46-47-3 qp).pdf/6

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
[Ch. 3]
Explosive Substances Act, 1883.
[46 Vict.]

A.D. 1883.

Search for and seizure of explosive substances.
38 and 39 Vict. c. 17.
8. (1.) Sections seventy-three, seventy-four, seventy-five, eighty-nine, and ninety-six of the Explosives Act, 1875, (which sections relate to the search for, seizure, and detention of explosive substances, and the forfeiture thereof, and the disposal of explosive substances seized or forfeited), shall apply in like manner as if a crime or forfeiture under this Act were an offence or forfeiture under the Explosives Act, 1875.

(2.) Where the master or owner of any vessel has reasonable cause to suspect that any dangerous goods or goods of a dangerous nature which, if found, he would be entitled to throw overboard in pursuance of the 36 & 37 Vict. c. 85.Merchant Shipping Act, 1873, are concealed on board his vessel, he may search any part of such vessel for such goods, and for the purpose of such search may, if necessary, break open any box, package, parcel, or receptacle on board the vessel, and such master or owner, if he finds any such dangerous goods or goods of a dangerous nature shall be entitled to deal with the same in manner provided by the said Act, and if he do not find the same, he shall not be subject to any liability, civil or criminal, if it appears to the tribunal before which the question of his liability is raised that he had reasonable cause to suspect that such goods were so concealed as aforesaid.

Definitions, and application to Scotland. 9. (1.) In this Act, unless the context otherwise requires,—

The expression “explosive substance” shall be deemed to include any materials for making any explosive substance; also any apparatus, machine, implement, or materials used, or intended to be used, or adapted for causing, or aiding in causing, any explosion in or with any explosive substance; also any part of any such apparatus, machine, or implement.

The expression “Attorney General” means Her Majesty’s Attorney General for England or Ireland, as the case may be, and in case of his inability or of a vacancy in the office, Her Majesty’s Solicitor General for England or Ireland, as the case requires.

(2.) In the application of this Act to Scotland the following modifications shall be made:

The expression “Attorney General” shall be deemed to mean the Lord Advocate, and in case of his inability or of a vacancy in the office, Her Majesty’s Solicitor General for Scotland.

The expression “petty sessional court-house” shall be deemed to mean the sheriff court.

The expression “felony” shall be deemed to mean a high crime and offence.

4