EXPLOSIVES ACT 1875 - SECT 35 Byelaws by railway and canal company as to conveyance, loading, &c. of gunpowder.

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EXPLOSIVES ACT 1875 - SECT 35

Byelaws by railway and canal company as to conveyance, loading, &c. of gunpowder.

35. Every railway company and every canal company over whose railway or canal
any gunpowder is carried, or intended to be carried, shall, with the sanction
of the Board of Trade, make byelaws for regulating the conveyance, loading,
and unloading of such gunpowder on the railway or canal of the company making
the byelaws, and in particular for declaring and regulating all or any of the
following matters in the case of such railway or canal; that is to say,

(1)Determining the notice to be given of the intention to send gunpowder for
conveyance as merchandise on the railway or canal; and

(2)Regulating, subject to the general rules with respect to packing in
this Act contained, the mode of stowing and keeping gunpowder for conveyance
and of giving notice by brands, labels, or otherwise of the nature of the
package containing the gunpowder; and

(3)Regulating the description and construction of carriages, ships, or boats
to be used in the conveyance of gunpowder; and

(4)Prohibiting or subjecting to conditions and restrictions the conveyance of
gunpowder with any explosive, or with any articles or substances, or in
passenger trains, carriages, ships, or boats; and

(5)Fixing the places and times at which the gunpowder is to be loaded or
unloaded, and the quantity to be loaded or unloaded or conveyed at one time,
or in one carriage, ship, or boat; and

(6)Determining the precautions to be observed in conveying gunpowder, and in
loading and unloading the carriages, ships, and boats used in such conveyance,
and the time during which the gunpowder may be kept during such conveyance,
loading, and unloading; and

(7)Providing for the publication and supply of copies of the byelaws; and

(8)Enforcing the observance of this Act both by their servants and agents and
also by other persons when on the canal or railway of such company; and

(9)Generally for protecting, whether by means similar to those above mentioned
or not, persons and property from danger.

Such byelaws, when confirmed by the Board of Trade, shall apply to the
railway, canal, agents, and servants of the company making the same, and to
the persons using such railway or canal, or the premises connected therewith
and occupied by or under the control of such company.

The penalties to be annexed to any breach, or attempt to commit any breach of
any such byelaws may be all or any of the following penalties, and may be
imposed on such persons and graduated in such manner as may be deemed just,
according to the gravity of the offence, and according as it may be a first,
second, or other subsequent offence, that is to say, pecuniary penalties not
exceeding [one hundred pounds] for each offence, and ten pounds for each day
during which the offence continues, and forfeiture of all or any part of the
gunpowder in respect of which, or being in the carriage, ship, or boat or
train of carriages, ships, or boats in respect of which, the breach of byelaw
has taken place.

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Northern Irish Legislation

EXPLOSIVES ACT 1875 - SECT 35