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EXPLOSIVES ACT 1875 - SECT 96

Disposal of forfeitures.

96. ...

Any explosive or ingredient forfeited in pursuance of this Act may be sold,
destroyed, or otherwise disposed of in such manner as the court declaring the
forfeiture, or the Secretary of State, may direct, and the proceeds of any
such sale or disposal shall be paid, applied, and accounted for in like manner
as penalties under this Act.

The receptacle containing any such explosive or ingredient may be forfeited,
sold, destroyed, or otherwise disposed of, in like manner as the contents
thereof.

The provisions of Part Three of this Act with respect to an explosive, or
ingredient of an explosive, seized in pursuance of this Act, and to the
officer seizing, removing, detaining, keeping, or conveying, or otherwise
dealing with the same, shall apply to any explosive and ingredient declared by
any court to be forfeited, and to the officer removing, detaining, keeping,
conveying, selling, destroying, or otherwise disposing of the same.

The court declaring the forfeiture, or the Secretary of State directing the
sale or other disposal of any forfeited explosive or ingredient, and the
receptacles thereof, may require the owner of such explosive or ingredient to
permit the use of any ship, boat, or carriage containing such explosive or
ingredient for the purpose of such sale or disposal upon payment of a
resonable compensation for the same, to be determined in case of dispute by a
court of summary jurisdiction; and where the explosive or ingredient is
directed to be destroyed, the owner and the person having possession of such
explosive or ingredient, and the owner and master of the ship, boat, or
carriage containing the same, or some, or one of them, shall destroy the same
accordingly, and if the court or Secretary of State so order, the ship, boat,
or carriage may be detained until the same is so destroyed; and if the
Secretary of State is satisfied that default has been made in complying with
any such direction by him or by a court, and that the detention of the ship,
boat, or carriage will not secure the safety of the public, and that it is
impracticable, having regard to the safety of the public or of the persons
employed in such destruction, to effect the same without using such ship,
boat, or carriage, or otherwise, dealing with such ship, boat, or carriage, in
like manner as if it were a receptacle for an explosive forfeited under
this Act, the Secretary of State may direct such ship, boat, and carriage, or
any of them, to be, and the same may accordingly be, so used or dealt with.

Exemption of Government factories, &c. from the Act.

© 1875 Crown Copyright

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