Under this title will in future be included "Fibre Separation Works" Memoran previously registered as such under the Act of 1892, as also "Tin Plate Flux dum. Works" and "Salt Works" in which in either case muriatic acid gas is evolved.

(9) Sulphide Works. The definition now includes all works in which sulphuretted hydrogen is evolved in the decomposition of sulphides, or is used in the production of such sulphides. It will thus include the works previously registered as "Barium," 'Strontium," and " 'Antimony Sulphide Works," but it is not

66

restricted to these works.

(10) Alkali Waste Works.-The definition is extended. It will now include all works in which alkali waste or the drainage therefrom is subjected to any chemical process for the recovery of sulphur, or the utilization of any constituent of such waste or drainage.

(12) Lead Deposit Works.-Works in which the sulphate of lead deposit from sulphuric acid chambers is dried are now added.

(20) Tar Works will include works where coal tar is distilled or is heated in any manufacturing process.

(21) Zinc Works. As regards these works, the operation of the Act is extended to works for the extraction of zinc, not only from the ore as formerly, but also from any residue containing that metal. It is, however, limited as regards both kinds of work to cases where the metal is extracted by the application of heat.

Smelting Works are brought under the provisions of the Act as regards registration and inspection, and, under section 8, may hereafter be dealt with by provisional order, and thus become subject to other provisions of it.

REGISTRATION.'

Section 9 (7) requires that written notice of any change in the ownership of a work, or in other particulars stated in the register, shall within one month be sent to the Local Government Board. Formerly such notice had to be sent to an inspector. Under section 9 (8) the penalty for carrying on a work without registration will be a fine not exceeding £50, instead of a fine not exceeding £5 for every day during contravention.

Section 17 (2) has removed the limitation of three months within which it was necessary that proceedings for the recovery of a fine for non-registration should be commenced.

INSPECTION.

Under the previous Acts an inspector had power to enter and inspect any work to which they applied, but sometimes questions arose as to whether in a particular case the Acts applied or not. Under section 12 (1) of the new Act the powers of an inspector as regards entry and inspection may be exercised in respect of any work to which, in the opinion of the Local Government Board, any of the provisions of the Act applies, and section 12 (4) enables proceedings for the recovery of a fine for not affording facilities to an inspector, or for obstructing him in the execution of his duty, to be taken under the Summary Jurisdiction Acts,

'An Order as to Certificates of Registration was issued by the Local Government Board, 27th November, 1906.

Memorandum.

Under section 12 (2) the plan of part of the works, which the owner of any work to which in the opinion of the Board the Act applies must on the demand of the chief inspector furnish to him, is now limited to a sketch plan.

CONDUCT OF WORKS.

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Section 27 specifies certain gases and fumes as included in the expression "noxious or offensive gas." This section also defines the expression practicable means" (where used with respect to the prevention of the escape of noxious and offensive gases) as having reference not only to the provision and the efficient maintenance of appliances adequate for preventing such escape, but also to the manner in which such appliances are used, and to the proper supervision by the owner of any operation in which such gases are evolved,

ALKALI WORKS AND ALKALI WASTE.

Under section 2 the owner of every alkali work is required to use the best practicable means for preventing the escape of noxious or offensive gases by the exit flue of any apparatus used in any process carried on in the work, and for preventing the discharge, whether directly or indirectly, of such gases into the atmosphere; and for rendering such gases where discharged harmless and inoffensive,

Under section 3 (1) the requirement intended to prevent acids from coming in contact with alkali waste, or drainage therefrom, is extended to include other substances capable of liberating sulphuretted hydrogen from alkali waste or drainage therefrom.

In works where the Hargreave's process for the manufacture of sulphate of soda is in operation, while the escape of muriatic acid gas will, as heretofore, be subject to the limits specified in section 1 (I) of the Act of 1906, the escape of the sulphur acids will now only be subject to the provisions of section 2 (1) of the new Act, under which the owner is only required to use the best practicable means for the prevention of escapes,

SULPHURIC ACID WORKS.

All sulphuric acid works are now, as "Scheduled Works," subject to the provisions of section 7 as to the adoption of the best practicable means for preventing the escape of noxious or offensive gases by the exit flue of any apparatus used in any process carried on in the work, and for preventing the discharge, whether directly or indirectly, of such gases into the atmosphere, and for rendering such gases where discharged harmless and inoffensive; but, in the case of a work in which the manufacture of sulphuric acid is carried on by the lead chamber process, section 6 (1) requires specifically that the total acidity of the acid gases of sulphur, or of sulphur and nitrogen, which are evolved in the process of the manufacture, shall not exceed what is equivalent to four grains of sulphuric anhydride in each cubic foot of residual gases after completion of the process, and before admixture with air, smoke, or other gases,

In the case, however, of works for the concentration or distillation of sulphuric acid, the total acidity of the gases finally discharged into the atmosphere (including acid gases arising from the combustion of coal) is not to exceed what is equivalent to one grain and a half of sulphuric anhydride in each cubic foot (section 7 (1) (b)), except that by virtue of section 26 this limit is extended, for a period of three years after the commencement of the Act, to two grains of sulphuric anhydride in the case of works where the overheat pan process is used for the concentration of sulphuric acid.

MURIATIC ACID WORKS,

The statutory limit of escape of gases from salt works which applied under the repealed Acts is, under section 6 (2) of the Act of 1906, made to apply to all works included within the new definition of "Muriatic Acid Works,"

ALL OTHER SCHEDULED WORKS,

Under section 7 the requirement as to the use of the "best practicable means applies to preventing the escape of noxious or offensive gases by the exit flue of any apparatus used in any process carried on in the work and to preventing the discharge directly or indirectly of such gases into the atmosphere.

DEFINITION OF "OWNER,"

The definition of the term "owner" is extended to include any lessee, occupier or any person carrying on any work to which the Act applies,

Local Government Board,

December, 1906.

Memorandum.

BURIAL ACT, 1906.
[6 EDW. 7, CH, 44.]

An Act to amend the Law with respect to the consents required for the use of ground for burials and the construction of Cemeteries.

[21st December, 1906.]

BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:——

18 & 19 Vict.

Sect. I. The consent of the owner, lessee, and occupier of Consents under a dwelling-house to the use for burials of any ground used or c. 128. s. 9. appropriated for a burial ground or cemetery, mentioned in section nine of the Burial Act, 1855, shall not be and shall be deemed never to have been required in any case where the dwelling-house is or was begun to be erected or is or was erected or completed after any part of that ground has or had been so used or appropriated:

Notes, Section 9 of the Burial Act of 1855 provided that "no ground not already used as or appropriated for cemetery shall be used for burials under [the Burial Acts] within the distance of one hundred yards from any dwelling-house without such consent as aforesaid " (that is, "the consent in writing of the owner, lessee, and occupier of such dwelling-house").

It had been held that where ground is used or appropriated as a cemetery after

Sec. 1.

NOTES.

the passing of the Act of 1855, namely 14th of August, 1855, the prohibition in section 9 applied generally to dwelling-houses even if erected subsequently to the acquisition of the ground for a cemetery-Godden v. Hythe Burial Board' ([1906] 2 Ch. 270); but the effect of the above enactment is to override that decision, subject to the saving for existing rights below,

Provided that nothing in this section shall affect any rights acquired before the twenty-seventh day of November one thousand nine hundred and six under any judgment or order of a court of competent jurisdiction or under any agreement in writing, but if a dispute, one of the parties to which is a burial authority within the meaning of the Burial 63 & 64 Vict. c.15 Act, 1900, arises under such an agreement as to any such right, the dispute shall, if either party so requires, be determined by the Local Government Board either as arbitrators or otherwise at the option of the Board, in like manner as if it were a difference which the Board are authorised to 51 & 52 Vict. c. 41 determine under the Local Government Act, 1888, and section sixty-three and subsections (1) and (5) of section eighty-seven of that Act, as amended by any subsequent enactment, shall apply accordingly.

Arbitration by
Local Govern.
ment Board,
31 & 32 Vict.
C. 119.

Application of

provisions of 38 & 39 Vict. c. 55 as to local inquiries and provisional orders.

:

Notes. The following are the applied provisions of the Act of 1888 :"Sect. 63. Where the Local Government Board [determine as arbitrators] any difference or other matter referred to arbitration in pursuance of this Act, the provisions of the Regulation of Railways Act, 1868, respecting arbitrations by the Board of Trade, and the enactments amending those provisions, shall apply as if they were herein re-enacted, and in terms made applicable to the Local Government Board and the decision of differences and matters under this Act."

(The section is printed as amended by section 1 of the Local Government (Determination of Differences) Act, 1896 (59 & 60 Vict. c. 9). For the provisions of the Regulation of Railways Act, 1868, referred to, see sections 30 to 32 of that Act. Sections 18 to 20 of the Railway Companies Arbitration Act, 1859 (22 & 23 Vict. c. 59) are applied by section 32 of the Act of 1868). "Sect. 87.-(1) Where the Local Government Board are authorised by this Act to make any inquiry, to determine any difference, to make or confirm any order, to frame any scheme, or to give any consent, sanction or approval to any matter, or otherwise to act under this Act, they may cause to be made a local inquiry, and in that case, and also in a case where they are required by this Act to cause to be made a local inquiry, sections two hundred and ninety-three to two hundred and ninety-six, both inclusive, of the Public Health Act, 1875, shall apply as if they were herein re-enacted, and in terms made applicable to this Act.

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"(5) Where the Board causes any local inquiry to be held under this Act, the costs incurred in relation to such inquiry, including the salary of any inspector or officer of the Board engaged in such inquiry, not exceeding three guineas a day, shall be paid by the councils and other authorities concerned in such inquiry, or by such of them and in such proportions as the Board may direct, and the Board may certify the amount of the costs incurred, and any sum so certified and directed by the Board to be paid by any council or authority shall be a debt to the Crown from such council or authority,"

Sect. 2. In section ten of the Cemeteries Clauses Act, 1847, as incorporated with the Public Health (Interments)

Sec. 2.

Consents under

Act, 1879, "one hundred yards" shall be substituted for "two 10&11 Vict.c.65 hundred yards" as the distance from a dwelling-house within 42 43 Vict.c.31. which no part of a cemetery may be constructed without the consent of the owner, lessee, and occupier of the house.

Note.-Section 10 of the Act of 1847, as amended by this Act, provides that "No part of the cemetery shall be constructed nearer to any dwelling-house than [one hundred] yards, except with the consent in writing of the owner, lessee, and occupier of such house.'

*

Sect. 3. This Act may be cited as the Burial Act, 1906, Short title. and may be cited with the Burial Acts, 1852 to 1900, as the Burial Acts, 1852 to 1906.

CENSUS OF PRODUCTION ACT, 1906.
[6 EDW. 7 CH. 49.]

An Act to provide for taking a Census of Production.

[21st December, 1906.]

BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

Note. Local authorities are expressly brought within the scope of this Act by section 7. Provisions which do not concern local authorities have not been reprinted below. The first census of production will be taken in 1908 (s. 1).