Local Authority fences sur- c. 55, sch. 5, belongs to the entire ecclesiastical parish, as is the case in many counties the parishes of which are divided into townships for the purposes of relief to the destitute poor under the statute of 14 Car. II., c. 12. See the introduction to Glen's Union Chargeability Act of 1865. It should be stated, however, that a contrary view of the Act has been taken, influenced by the consideration that the township itself is benefited by the protection of the churchyard, and its being prevented from becoming a nuisance to the immediate neighbourhood. As to the species of repair or renovation which would fall within the definition of the word "necessary," it is to be observed that all which is done for the sole purpose of rendering the churchyard reasonably fit and proper for its uses by the rector and by the inhabitants is necessary; and that the footpaths through the churchyard would come within the section if they are in bad condition, as in that case the churchyard would be out of order. It has, however, been enacted with respect to closed burial-grounds, that an urban authority constituted a Burial Board may from time to time repair and uphold the fences surrounding any burial-ground which shall have been discontinued as such within their jurisdiction, or take down such fences and substitute others in lieu thereof, and shall from time to time take the necessary steps for preventing the desecration of such burial-grounds, and placing them in a proper sanitary condition; and they may from time to time pass bye-laws (subject to the provisions of the Public Health Act, 1875) for the preservation and regulation of all burial-grounds within their limits, and the expense of carrying this section into execution may be defrayed out of any rates authorized to be levied by any urban authority constituted a Burial Board. It will be observed that in this latter enactment the word churchyard is not named, and moreover that the words "burial-ground" are not, as in the 18 & 19 Vict. c. 128, s. 1, limited to burial-grounds of the parish, but apply apparently to all burial-grounds, whether belonging to the parish or to private persons. The expenses which may be incurred by the Board in carrying the provision into execution may be defrayed out of any rates authorized to be levied by "any Local Board constituted a Burial Board," that is to say, out of any rates levied under the 21 & 22 Vict. c. 98, s. 49, ante, p. 343, to defray the expenses incurred by the Local Board in carrying into execution the powers given to them by the 20 & 21 Vict. c. 81, in the same manner as general district rates are levied. THE PETROLEUM ACT, 1871. THE Petroleum Act, 1871, which consolidates and amends the law for the safe keeping of petroleum and other substances of a like nature, and repeals the former Acts, continues in force until the 1st October, 1874, and the end of the then next session (38 & 39 Vict. c. 72); and as Local Boards, except where there are harbour authorities, are within their respective districts the local authority to grant licences under the Act, it is necessary to include the new enactment in this work, so far as it applies to England. 34 & 35 Vict. C. of State :" In the Act, if not inconsistent with the context, the Interpretation following terms have the following meanings; that is to of terms. say, the term "borough" means-In England any place . 105, s. 2. for the time being subject to the provisions of the Act of "Borough:" the session of the fifth and sixth years of the reign of King William the Fourth, chapter seventy-six, "to provide for the regulation of municipal corporations in England and Wales," and the Acts amending the same: the term "person" includes a body corporate: the term "Secretary "Person:" of State" means one of Her Majesty's principal Secretaries "Secretary of State: the term "harbour" means any harbour properly «Harbour:" so called, whether natural or artificial, and any port, haven, estuary, tidal river or other river, canal or inland navigation navigated by sea-going ships, and any dock, pier, jetty, or other works in or at which ships do or can ship or unship goods or passengers: the term "harbour "Harbour authority" includes any persons or person being or claim- authority:" ing to be proprietors or proprietor of or intrusted with the duty or invested with the power of improving, maintaining, or managing any harbour: the term "ship" includes "Ship :" every description of vessel used in navigation, whether propelled by oars or otherwise: the term "Summary “Summary Jurisdiction Acts" means, as to England, the Act of the Jurisdiction session of the eleventh and twelfth years of the reign of Her present Majesty, chapter forty-three, intituled "An Act to facilitate the Performance of the Duties of Justices Acts:" "Court of Summary Jurisdiction:" Definition of "petroleum" and application of Act. 34 & 35 Vict. c. 105, s. 3. Bye-laws as to ship carrying petroleum. Ib. s. 4. Ib. lb. of the Peace out of Sessions within England and Wales For the purposes of this Act the term "petroleum includes any rock oil, Rangoon oil, Burmah oil, oil made from petroleum, coal, schist, shale, peat, or other bituminous substance, and any products of petroleum, or any of the above-mentioned oils; and the term "petroleum to which this Act applies," means such of the petroleum so defined as, when tested in manner set forth in Schedule I. to this Act, gives off an inflammable vapour at a temperature of less than one hundred degrees of Fahrenheit's thermometer. Every harbour authority shall frame and submit for confirmation to the Board of Trade bye-laws for regulating the place or places at which ships carrying petroleum to which this Act applies are to be moored in the harbour over which such authority has jurisdiction, and are to land their cargo, and for regulating the time and mode of, and the precautions to be taken on, such landing. The harbour authority shall publish the bye-laws so framed with a notice of the intention of such authority to apply for the confirmation thereof. The Board of Trade may confirm such bye-laws with or without any omission, addition, or alteration, or may disallow the same. Every such bye-law when confirmed shall be published by the harbour authority, and may be from time to time altered or repealed by a bye-law made in like manner. Bye-laws under this section shall be published in such manner as the Board of Trade may from time to time direct. If at any time it appears to the Board of Trade that there is no bye-law for the time being in force under this section in any harbour, the Board of Trade may, by notice, require the harbour authority of such harbour to frame and submit to them a bye-law for the purposes of this section, and if such harbour authority make default in framing a bye-law and obtaining the confirmation thereof within the time limited by such notice the Board of Trade may make a bye-law for the purposes of this section, and such bye-law shall have the same effect as if it had been framed by the harbour authority and confirmed by the Board of Trade. petroleum. Where any ship or cargo is moored, landed, or other- Bye-laws as to wise dealt with in contravention of any bye-law for the ship carrying time being in force under this Act in any harbour, the 34 & 35 Viet, owner and master of such ship, or the owner of such cargo, c. 105, s. 4. as the case may be, shall each incur a penalty not exceeding fifty pounds for each day during which such contravention continues, and it shall be lawful for the harbour master, or any other person acting under the orders of the harbour authority of such harbour to cause such ship or cargo to be removed, at the expense of the owner thereof, to such place as may be in conformity with the said byelaw, and all expenses incurred in such removal may be recovered in the same manner in which penalties are by this Act made recoverable. master of ship carrying c. 105, s. 5. The owner or master of every ship carrying a cargo any Notice by part of which consists of petroleum to which this Act owner or applies, on entering any harbour within the United King-ma dom, shall give notice of the nature of such cargo to the petroleum. harbour authority having jurisdiction over such harbour. 34 & 35 Vict. If such notice is not given the owner and master of . such ship shall each incur a penalty not exceeding the sum of five hundred pounds, unless it is shown to the satisfaction of the court before which the case is tried that neither the owner nor the master knew the nature of the goods to which the proceedings relate, nor could with reasonable diligence have obtained such knowledge. Where any petroleum to which the Act applies(a.) Is kept at any place except during the seven days vessels connext after it has been imported; or, Label on taining petroleum. (b.) Is sent or conveyed by land or water between any ib. s. 6. two places in the United Kingdom; or, (c.) Is sold or exposed for sale; the vessel containing such petroleum shall have attached (c.) In the case of a vessel sold or exposed for sale, of All petroleum to which the Act applies which is kept, sent, conveyed, sold, or exposed for sale, in contravention of this section, shall, together with the vessel containing Regulations c. 105, s. 7. Ib. Ib. Definition of local authority Ib. s. 8. the same, be forfeited, and in addition thereto the person keeping, sending, selling, or exposing for sale the same shall for each offence be liable to a penalty not exceeding five pounds. Save as hereinafter mentioned, after the passing of the Act, petroleum to which this Act applies shall not be kept, except in pursuance of a licence given by such local authority as is in the Act mentioned. All petroleum kept in contravention of this section shall, together with the vessel containing the same, be forfeited, and in addition thereto the occupier of the place in which such petroleum is so kept shall be liable to a penalty not exceeding twenty pounds a day for each day during which such petroleum is so kept. This section shall not apply to any petroleum kept either for private use or for sale, provided the following conditions are complied with: (1.) That it is kept in separate glass, earthenware, or metal vessels, each of which contains not more than a pint, and is securely stopped : (2). That the aggregate amount kept, supposing the whole contents of the vessels to be in bulk, does not exceed three gallons. The following bodies shall respectively be the local authority to grant licences under this Act in the districts hereinafter mentioned; (that is to say,) (1.) In the city of London, except as hereafter in this section mentioned, the court of the Lord Mayor and aldermen of the said city: (2.) In the metropolis (that is, in places for the time being within the jurisdiction of the Metropolitan Board of Works under the Metropolis Management Act, 1855,) except the city of London, and except as hereafter in this section mentioned, the Metropolitan Board of Works: (3.) In any borough in England, except as hereafter in this section mentioned, the mayor, aldermen, and burgesses acting by the council: (4.) In any place in England, except as hereafter in this section mentioned, within the jurisdiction of any trustees or improvement commissioners appointed under the provisions of any local or general Act of Parliament, and not being a borough or comprising any part of a borough, the trustees or commissioners: (5.) In any place in England (except as hereafter in this section mentioned) within the jurisdiction of |