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PETROLEUM (CONSOLIDATION) ACT (NORTHERN IRELAND) 1929 - SECT 18

Warrants to search for and seize petroleum-

18.(1) If a court of summary jurisdiction is satisfied by information on oath
that there is reasonable ground for suspecting that any petroleum-spirit is
being kept, sent, conveyed, or exposed or offered for sale within the
jurisdiction of the court in contravention of this Act, the court shall grant
a search warrant authorising any person named therein to enter and examine any
place, ship or vehicle named in the warrant and to search for and take samples
of petroleum therein and to seize and remove any petroleum-spirit that he may
find therein kept, sent, conveyed, or exposed or offered for sale in
contravention of this Act, and the vessel containing any such
petroleum-spirit, and to detain such petroleum-spirit and vessel until a court
of summary jurisdiction has determined whether or not they are to be
forfeited.

(2) Where any petroleum-spirit or vessel is seized by virtue of a warrant
granted under this section

(a)proceedings shall be commenced forthwith for determining whether or not it
is to be forfeited; and

(b)the person seizing it shall not be liable to any proceedings for detaining
it or for any loss or damage incurred in respect thereof except where the loss
or damage is due to any wilful act or neglect while the petroleum-spirit or
vessel is so detained; and

(c)in the case of any petroleum-spirit or vessel seized in any ship or
vehicle, the person seizing it may for the purposes of the removal thereof
use, during twenty-four hours after the seizure, the ship or vehicle in which
it was seized, with the tackle, beasts and accoutrements belonging thereto,
but if he do so shall pay to the owner of the ship or vehicle reasonable
compensation for the use thereof; and the amount of such compensation shall,
in default of agreement, be assessed by the court of summary jurisdiction
before which proceedings are taken for determining whether or not the
petroleum-spirit or vessel is to be forfeited, and may be recovered in like
manner as fines under this Act may be recovered.

(3) If any person by himself or by anyone in his employ or acting by his
direction or with his consent refuses or fails to admit into any place, ship
or vehicle occupied by him or under his control any person authorised by a
warrant granted under this section to enter that place, ship or vehicle, or
obstructs or prevents any person from making any search, examination or
seizure or taking any samples which he is authorised by such a warrant to make
or take, the first-mentioned person shall be liable on summary conviction to a
fine not exceeding twenty pounds and may be ordered by the court to forfeit
any petroleum-spirit which is found in his possession or under his control
with or without any vessel in which it is contained.

Power to make Orders in Council applying Act to other substances.



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© 1929 Crown Copyright

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