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EXPLOSIVES ACT 1875 - SECT 108

1860 c.139

108. In this Act, unless the context otherwise requires

The expression "this Act" includes any license, certificate, byelaw,
regulation, rule, and order granted or made in pursuance of this Act:

The expression "existing" means existing at the passing of this Act:

The expression "person" includes a body corporate:

The expression "occupier" includes any number of persons and a body corporate;
and in the case of any manufacture or trade, includes any person carrying on
such manufacture or trade:

The expression "master" includes every person (except a pilot) having command
or charge of a ship, and in reference to any boat belonging to a ship, means
the master of the ship; and when used in reference to any other boat, includes
every person having command or charge of such boat:

The expression "magazine" includes any ship or other vessel used for the
purpose of keeping any explosive:

The expression "factory magazine" means a building for keeping the finished
explosive made in the factory, and includes, if such explosive is not
gunpowder, any building for keeping the partly manufactured explosive or the
ingredients of such explosive which is mentioned in that behalf in
the license:

The expression "store" means an existing gunpowder store as defined by
this Act, or a place for keeping an explosive licensed by a license granted
... under this Act:

Definition rep. by SLR 1893 (No.2)

The expression "warehouseman" includes all persons owning or managing any
warehouse, store, wharf, or other premises in which goods are deposited:

The expression "carrier" includes all persons carrying goods or passengers for
hire by land or water:

The expression "harbour authority" means any person or body of persons,
corporate or unincorporate, being or claiming to be proprietor or proprietors
of or intrusted with the duty or invested with the power of improving,
managing, maintaining, or regulating any harbour properly so called, whether
natural or artificial, and any port, haven, and estuary, or intrusted with the
duty of conserving, maintaining, or improving the navigation of any
tidal water, and any such harbour, port, haven, estuary, tidal water, and any
wharf, dock, pier, jetty, and work, and other area, whether land or water,
over which the harbour authority as above defined have control or exercise
powers, are in the other portions of this Act included in the expression
"harbour":

The expression "canal company" means any person or body of persons, corporate
or unincorporate, being owner or lessee or owners or lessees of, or working,
or entitled to charge tolls for the use of any canal in the United Kingdom,
constructed or carried on under the powers of any Act of Parliament, or
intrusted with the duty of conserving, maintaining, or improving the
navigation of any inland water, and every such canal and inland water under
the control of a canal company as above defined, and any wharf, dock, pier,
jetty, and work in or at which barges do or can ship or unship goods or
passengers, and other area, whether land or water, which belong to or are
under the control of such canal company, are in the other portions of this Act
included in the expression "canal":

The expression "tidal water" means any part of the sea or of a river within
the ebb and flow of the tides at ordinary spring tides:

The expression "inland water" means any canal, river, navigation, lake, or
water which is not tidal water:

The expression "railway company" means any person or body of persons,
corporate or unincorporate, being the owner or lessee or owners or lessees of
or working any railway worked by steam or otherwise than by animal power in
the United Kingdom, constructed or carried on under the powers of any Act of
Parliament and used for public traffic, and every building, station, wharf,
dock, and place which belong to or are under the control of a railway company,
are in the other portions of this Act included in the expression "railway":

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:

The expression "ship" includes every description of vessel used in sea
navigation, whether propelled by oars or otherwise:

The expression "boat" means every vessel not a ship as above defined which is
used in navigation in any inland water or any harbour, whether propelled by
oars or otherwise:

The expression "prescribed" means prescribed by Order in Council:

...

The expression "county" does not include a county of a city or a county of a
town:

Every riding, division, liberty, or part of a county having a separate
commission of the peace and separate court of quarter sessions is for the
purposes of this Act to be deemed to be a county:

...

The expression "safety cartridges" means cartridges for small arms of which
the case can be extracted from the small arm after firing, and which are so
closed as to prevent any explosion in one cartridge being communicated to
other cartridges:

The expression "Gunpowder Act, 1860," means the Act of the session of the
twenty-third and twenty-fourth years of the reign of Her present Majesty,
chapter one hundred and thirty-nine, intituled "An Act to amend the law
concerning the making, keeping, and carriage of gunpowder and compositions of
an explosive nature, and concerning the manufacture, sale, and use of
fireworks," and the Acts amending the same:

Definitions rep. by SLR 1893

This Act shall apply to Ireland, with the following modifications; that is to
say,

Ss.116, 117 rep. by SRO (NI) 1973/341. S.118 rep. by 1898 c.37 s.110 sch.6;
SRO (NI) 1973/341

© 1875 Crown Copyright

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