EXPLOSIVES ACT 1875 - SECT 74 Seizure and detention of explosives liable to forfeiture.

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EXPLOSIVES ACT 1875 - SECT 74

Seizure and detention of explosives liable to forfeiture.

74. Where any of the following officers, namely, any Government inspector, or
any constable, or any officer of the [harbour authority], has reasonable cause
to believe that any explosive or ingredient of an explosive or substance found
by him is liable to be forfeited under this Act, he may seize and detain the
same until some court of summary jurisdiction has determined whether the same
is or is not so liable to be forfeited, and with respect thereto the following
provisions shall have effect:

(1)The officer seizing may either require the occupier of the place in which
it was seized (whether a building or not, or a carriage, boat, or ship) to
detain the same in such place or in any place under the control of such
occupier, or may remove it in such manner and to such place as will in his
opinion least endanger the public safety, and there detain it, and may, where
the matter appears to him to be urgent and fraught with serious public danger,
and he is a Government inspector, or is authorised by an order from a
Government inspector or a justice of the peace, or from a superintendent or
other officer of police of equal or superior rank, cause the same to be
destroyed or otherwise rendered harmless; but before destroying or rendering
harmless the same he shall take and keep a sample thereof, and shall, if
required, give a portion of the sample to the person owning the explosive, or
having the same under his control at the time of the seizure; and any such
occupier who, by himself or by others, fails to keep the same when he is
required in pursuance of this section to detain it, and any such occupier or
other person who, except with the authority of the officer seizing the same,
or of a Government inspector, or in case of emergency for the purpose of
preventing explosion or fire, removes, alters, or in any way tampers or deals
with the same while so detained, shall be liable to a penalty not exceeding
fifty pounds, and shall also be liable to forfeit all explosives, and
ingredients thereof which are at the time of the offence in his possession or
under his control at the said place:

(2)The proceedings before a court of summary jurisdiction for determining
whether the same is or is not liable to forfeiture shall be commenced as soon
as practicable after the seizure; and

(3)The receptacles containing the same may be seized, detained, and removed in
like manner as the contents thereof; and

(4)The officer seizing the same may use for the purposes of the removal and
detention thereof any ship, boat, or carriage in which the same was seized,
and any tug, tender, engine, tackle, beasts, and accoutrements belonging to or
drawing or provided for drawing such ship, boat, or carriage, and shall pay to
the owner a reasonable compensation for such use, to be determined, in case of
a dispute, by a court of summary jurisdiction, and to be recovered in like
manner as penalties under this Act; and

(5)The same shall, so far as practicable, be kept and conveyed in accordance
with this Act, and with all due precaution to prevent accident, but the person
seizing, removing, detaining, keeping, or conveying the same shall not be
liable to any penalty, punishment, or forfeiture under this or any other Act,
or to any damages, for keeping or conveying the same, so that he use all such
due precautions as aforesaid; and

(6)The officer seizing the same, or dealing with the same in pursuance of this
section, shall not be liable to damages or otherwise in respect of such
seizure or dealing, or any act incidental to or consequential thereon, unless
it is proved that he made such seizure without reasonable cause, or that he
caused damage to the article seized by some wilful neglect or default.

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Northern Irish Legislation

EXPLOSIVES ACT 1875 - SECT 74