Part IV.—Supplemental Provisions, Legal Proceedings, Exemptions, and Definitions
Exemptions and Savings
C2C397 Exemption of Government factories, &c. from the Act. C1
This Act shall not apply—
1
To any factory, magazine, store, premises, wharf, place, or explosive under the control of the Secretary of State, . . . F1, or other department of the Government or otherwise held for the service of the Crown, or to the manufacture, keeping, or importation of such explosive; or
2
To any of Her Majesty’s ships, boats, or carriages; or
F14F53
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F14F54
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F2C45
To the conveyance of any explosive under the control of a Secretary of State, . . . F1, or other department of the Government or to the conveyance of any explosive otherwise held for the service of the Crown when the same is being conveyed in accordance with the regulations of a Secreatary of State of . . . F1 other department of the Government:
F10F498 Saving for rocket and fog stations.
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100 Saving for master of ship and carrier in case of emergency.
Nothing in this Act shall render liable to any penalty or forfeiture the owner or master of any ship or boat, or any carrier or warehouseman, or the person having charge of any carriage, for any act done in breach of this Act, if he prove that by reason of stress of weather, inevitable accident, or other emergency, the doing of such act was, under the circumstances, necessary and proper.
F9F7101Saving for rockets, gunpowder, &c. on board ship in compliance with 17 & 18 Vict. c. 104.
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102 Saving clause as to liability.
This Act shall not, save as is herein expressly provided, exempt any person from any action or suit in respect of any nuisance, tort, or otherwise, which might but for the provisions of this Act, have been brought against him.
This Act shall not exempt any person from any indictment or other proceeding for a nuisance, or for an offence which is indictable at common law, or by any Act of Parliament other than this Act, so that no person be punished twice for the same offence.
When proceedings are taken before any court against any person in respect of any offence under this Act, which is also an offence indictable at common law or by some Act of Parliament other than this Act, the court may direct that, instead of such proceedings being continued, proceedings shall be taken for indicting such person at common law or under some Act of Parliament other than this Act.
F11F12103 Powers of Act cumulative, with power to make provisional order for repealing local Acts.
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