210

Payment for

sample.

Power to
arrest
offenders,

Ch. 30. No. 4.] Explosives.

 

 

44. Where any officer or constable in pursuance of this
Ordinance takes a sample of any explosive, ingredient, or
substance, he shall pay for or tender payment for the same
to such an amount as he considers to be the market value
thereof, and the occupier of the place m which, or the
owner of the bulk from which, the sample was taken may
recover any excess of the real value over the amount so
paid or tendered from the officer or constable taking the
sample, as a debt in the Petty Civil Court within the juris-
diction of which the sample was taken.

45. Any person who is found committing any act for
Which he is hable to a penalty under this Ordinance or under
any regulations made thereunder and which tends to cause
explosion or fire in or about any house, store, railway,
harbour, or wharf, or in or about any sugar, cocoa, or
coffee plantation, or any building thereon, or in or about
any vehicle or vessel, may be apprehended without a warrant
by any constable, or by the occupier, or the agent or servant
of, or other person authorised by, the occupier of such
house, store, plantation, or building, or by any person
employed on the railway, or by any officer of Customs, or
by any Harbour Master, Assistant Harbour Master, or
person authorised) by any Harbour Master or Assistant
Harbour Master, and be removed from the place at which he
was arrested, and conveyed as soon as conveniently may be
before a Magistrate to be dealt with according to law.

46. When a carrier or owner or master of a vessel is
prevented from complying with this Ordinance or any
regulation made thereunder by the wilful act, neglect, or
default of the consignor or consignee of the explosive or
other person, or by the improper refusal of the consignee
or other person to accept delivery of the explosive, such
‘onsignor, consignee, or other person who is guilty of such
wilful act, neglect, default, or refusal shall be liable to the
same penalty to which the carrier, owner, or master is
liable for a breach of this Ordinance, and his conviction
shall exempt the carrier, owner, or master from any
penalty or forfeiture under this Ordinance, or under such
regulation.