Motor Fuel for Chars.a-Bancs.
Page 2
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Full Text of the Case Stated by the
Conway Magistrates in the High Court.
• CASE Stated by us the undersigned three of His Majesty's Justices of the Peace in and for the county of Carnarvon sitting at-Conway in the said county for the opinion of this tonourable court.
(1) The appellants were charged on the information of the respondent, a superintendent or the police, that the appellants, on the 1st day of September, 1916, at the, parish of Conway in the county of CarnarYon, did
• unlawfully permit the use by one Albert Edward °stick of certain motor spirit contrary. to Itegula than 8g of the Defence of the Realm (Consolidation Regulations), A914. Information had been laid also against Frank Wilkes, director of the appellant company, for unlawfully causing the use, and against the said Albert Edward °stick for using such motor spirit. The three charges were with the consent of all parties heard together. Upon such hearing we convicted the appellants and the said Frank Wilkes and Albert Edward Ostick of the said offences.
i,2) The appellants being dissatisfied with the said convictions as being erroneous in point of law duly applied to us in ,writing to state and sign a case for the opinion of this Court, and have duly entered into the re,cogaizience as required by the Statute in that behalf in pursuance whereof this case is now stated and signed by us. (2) Upon the hearing of the 'said information, the following facts were admitted or proved in evidence before us :—
. a) The appellants admitted that the said Albert Edward Ostick was their servant and acted under
• their orders given by the said Frank Wilkes. • They further admitted that the said. Albert Edward Ostick was the driver of a motor char-a-. banes on the said 1st day of September, 1916, as .alleged, and that the said char-a-bancs was coming from Pemnaerunawr, and it was also further admitted that this journey did not come within the exceptions set out in the Regulations referred to.
(b) Regulation 8g is as follows:— "On and after the 1st day of September, 1916, motor spirit shall not be used for the purpose of char-h-bancs or other like vehicle on any excursion or trip of any sort except: ¶' (6) Trips in connection with ambulance or hospital work or the conveyance of 'wounded, Or "(b Trips in cennection with naval, military or munition service or the conveyance of munition warkers to or from their work, or, "(c) Trips which are certified by the Chief Officer of the Police for the pollee area in which the meter spirit is used to be necesiary or desirable in the interests of the travelling public.
If any personnses motor spirit or causes or permits motor'spirit to be used in Contravention of this regulation, he shall be guilty of a summary offence against these regulations. In this regulation the expression motor spirit has the same meaning as in Part VI of the Finance' (1909-1910.) Act. 1910." (c) Section 84, -Sub-sections 7 end 8 of Part VI of the Finance (1909-1910) Act, 1910. is as follows
• " (7) In this part of this Act the expression 'motor spirit' means any inflammable hydro-carbon (including any mixtures of hydrocarbons • and any liquid containing hydrocarbon) which is • capable of being used for providing reasonably efficient motive power for a motorcar. "(8) The Commissioners may by regulations prescribe tests for the purpose of determining whether any inflammable hydrocarbon or mixture of hydrocarbons or liquid containing hydrocarbon is a Motor spirit within the meaning of the provision."
el5 (d) That a sample of the liquid in the tank of the said char-a-banes was taken and was duly analysed by the Public Analyst for the said county of Carnarvon, and the certificate showing the result of his analysis verified by him was produced and put in and that it contained hydrocarbon. (4) The respondent contended that the liquid in the tank of the said char-a-bancs was motor spirit within the meaning of Sub-sections 7 and 8 of Part VI of the Finance (1909-10) Act, 1910, and as defined thereby.
(5) The appellants contended that the word inflammable governed the word hydrocarbon throughout the section, and that Sub-section 8 where it stated " may " prescribe tests was so worded because tests had already been prescribed under the Petroleum Acts of 1871 and 1879, and the Regulations issued on the 31st day of July, 1907, under the Locomotive on Highways Act-, 1896. 59 and 60 Victoria, 1896, Section 36, Subsection 5, states that petroleum.spirit shall mean the petroleum to which the Petroleum Acts 1871 and 1879 apply, and that no licences were necessary nor duty payable under the Finance (1909-10) Act, 1910, for hquid.nat giving off inflammable vapour at a temperature-cif n degrees of Fahrenheit's thermometer. The Petroleum Act, 1879, Section 2, which altered the test described in the Petroleum Act, 1871, reads as under
In the Petroleum Act, 1871, the term 'petro leum to which this Act applies' shall mean such as the petroleum defined by Section 1 of that Act as when tested in manner set forth in Schedule I to this Act gives off an inflammable vapour at a temperature of less than 73 degrees of Fahrenheit's thermometer."
The Regulations dated 31st day of July, 1907, being Statutory Rules and Orders 1907 No. 614, state :— "Regulations dated 31st day of July, 1907, made
by the Secretary of State under Section 5 of the Locomotives on Highways Act, 1896, as to the keeping and use of petroleum for the purpose of light locomotives." "In these Regulations the expression 'petroleum spirit' shall mean the petroleum to which the Petroleum Acts 1811 and 1879 apply."
The appellants' counsel also stated that appellants had had tests made which showed that the liquid in question was non-inflammable at a temperature exceeding 73 degrees Fahrenheit'sthermometer, and he submitted that as the respondent had not proved that the liquid in the tank of the said ehar-i-bancs gave off an inflammable vapour at a temperature of less than 73 degrees of Fahrenheit's thermometer tested as prescribed in the Schedule to the Petroleum Act 1879, and as neither the Inland Revenue nor other authority required a licence to make or a duty to sell the said liquid, the summons ought to he dismissed. (6) No evidence in support of counsel's statement was tendered, nor were any witnesses called by the appel;ants in defence. (7) Upon the sworn testimony given before us by the witnesses for the respondent in support of the said charges, we found as a fact that the liquid in the tank of the said motor char-h-bancs was motor spirit containing inflammable hydrocarbon capable of being used and was in fact used for providing reasonably efficient motive power for the said motor char-à-banes within the meaning of Section tail as. 7 and 8 of Part Vi of the Finance (1909-10) Act, 1910, and we convicted the said company and their manager and driver.
(8) The question for the opinion of the Court is whether upon the above statement of facts we came to a correct determination in point of law, and if not what should be done in the premises.
Given under our hands this 30th day of October,
191 (Signed) THOMAS DALTON. OWEN ROWLAND.