Explosives, gunpowder (1849) (WA)

WESTERN AUSTRALIA.

AN NO DUODECIMO

VICTORIA; REGINA..

No. XXV.

An Ordinance to regulate the Keeping and

Carriage of Gunpowder.

HEREAS it is expedient that the keeping and carriage of Preamble,

Wgunpowder imported into this colony should be regulated by

law, in order to prevent the great mischiefs which may arise from ex- plosions occasioned by the careless exposure or improper carriage thereof •—Be it therefore enacted, by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and

consent

12th Viet. No. 25. 1849.

consent of the Legislative thereof, that from and after the passing of

Master of vessel ha- this Ordinance, the master of every ship or vessel arriving iu any of

ennsoalm vdee . r

report the to the ports or harbours of this colony, having gunpowder on board of

such ship or vessel, shall immediately make a distinct and separate

report of the same to the Collector or Sub-Collector of such port or

harbour, and such Collector or Sub-Collector is hereby empowered

and authorised to grant a permit or permits to the master or com-

mander of such ship or vessel, or to the importer or proprietor or consigne of such gunpowder, to land and deposit the same in snch manner and at such time and place as hereinafter mentioned.

Governor to appoint II. AND be it enacted, that it shall be lawful for the Governor or time and One. Officer administering the Government of the said colony, with the

advice of the Executive Council thereof, by any proclamation from

time to time by him issued, to appoint the hours at which such gun-

powder shall be landed, and the place in which the same, when

exceeding the quantity of one hundred pounds, shall be deposited within the respective ports or harbours or other places of the said colony.

Gunpowder when ILL AND be it enacted, that it shall be incumbent upon the

landied to be remo• importer, consignee, or proprietor of any gunpowder landed or ved immedir.tely to deposited for reshipment at any jetty, quay, pier, shore, river bankMagazine.

or other public place within the limits of any port, harbour, or town-

site having water communication with the coast, to remove the same

either to some private store or to some public magazine, as the case may require, with all reasonable despatch, and until the same shall

be so removed to have some competent person in charge thereof, and in case any gunpowder shall be left exposed in any such place as

aforesaid contrary to this provsion, so that danger to life or property

may be resonalny apprehended therefrom, the importer, consignee, or proprietor of such gunpowder shall for every such offence, on conviction thereof, forfeit and pay a sum not exceeding fifty pounds.

No more than 4 cwt. IV. AND be it enacted, that not more than four hundred weight

to be be carried at of gunpowder shall be conveyed at one time in any cart or other IMO 'Cline. carriage, and any person who shall convey any greater quantity of

gunpowder in any cart or other carriage shall forfeit and pay

for any such offence a sum not exceeding ten pounds.

1849.               12th Viet. No. 25.

V.     AND be it enacted, that all boats or vehicles used for the Boats or Vehicles to

conveyance of gunpowder exceeding the quantity of ten pounds, have tarpaulins.

shall be provided with tarpaulins for the safe and proper covering of the same, and any person who shall convey any gunpowder in any boat or vehicle not so provided and not having the gun- powder exceeding the quantity of ten pounds so covered, shall forfeit and pay for every such offence a sum not exceeding ten pounds.

VI.     AND be it enacted, that no dealer or other person shall No person to keep

more than 100 lbs.

have	ave or keep within any town in the said colony more than one hun-
dred pounds of gunpowder at one time, awl on the same premsies, and

toifmgeunpo wder atone

any dealer or person offending shall for every such offence forfeit and

pay a sum not exceeding fifty pounds.

VII.      AND be it enacted, that the storage rent for the depositing Storage rent.

and keeping of gunpowder in any magazine or other place appointed as aforesaid, which said rent is to be paid by the importer or propri- etor of such gunpowber, shall be paid at the rate contained in the Schedule hereunto annexed.

VIII.     AND be it enacted, that any person, whether importer, Penalty for landing

proprietor or otherwise, who shall land or cause to be landed or re- gunpowder.

moved any gunpowder ,otherwise than is provided for by this Ordi- nance, shall, upon conviction thereof, forfeit and pay any sum not exceeding ten pounds.

IX.     AND for the more easy discovery of the keeping and car- Magistrate to grant

riage of gunpowder, contrary to the provisions of this Ordinance, be sear& warrant.

it enacted, that it shall be lawful for any Justice of the Peace, on de- mand made, and any reasonable cause assigned upon oath, to issue a warrant under his hand and seal for searching in the day time any places, boats or vehicles in which gunpowder is suspected to be kept or conveyed contrary to this Ordinance, and to cause any gunpowder which shall be found to be so kept or conveyed as aforesaid, to be re- moved immediately to the nearest magazine or place appointed as before mentioned.

X.     AND be it enacted, that all informations and proceedings Limitation of pro-

for offences against this Ordinance shall be commenced within three ceedings.

calendar months after the offences thereby respectively charged shall

have

12th Viet. No. 25. 1849.

have been committed, and shall be heard and determined, and the

Recovery and appro. forfeitures and penalties in respect of the same shall be awarded, en- priation of Penalties. forced and appropriated in a summary manner before any two or

more Justices of the Peace, according to the provisions of an Ordi- nance passed in the seventh year of the Reign of Her present Majesty, intituled "an Act to regulate summary proceedings before Justices of the Peace."

Not to extend to XI. AND be it enacted, that this Ordinance shall not extend to

Queen's Magazine, the keeping of gunpowder at any storehouse or magazine belonging &a. to her Majesty, or to the carriage of gunpowder to or from any such

magazine under the control and management of any Officer of Her Majesty's Army, Navy, or Ordnance, or any person authorised on the part of the Colonial Government.

A ppropriaton of stor- XII. AND be it enacted, that all payments made for the storage

age rent, of gunpowder under this Ordinance in any store or magazine belong-

ing to the Local Government, shall be appropriated to the use of Her Majesty, Her Heirs and Successors, for the public uses of this colony, and the support of the Government thereof.

CHARLES FITZGERALD,

GOVERNOR AND COMMANDER-IN-CHIEF.

Passed the Council 1

21st May, 1849.3

THOMAS N. YULE,

Acting Clerk of the Council.

SCHEDULE

1849.             12th Viet. No. 25.

SCHEDULE REFERRED TO.

RATES OF STORAGE.

s.

For each and every Barrel or Package containing Fifty

Pounds of Gunpowder and upwards, for any period not

exceeding Six weeks.. ••• ••• •• I 1 0

Ditto above Six Weeks, per Week ..	0	2
For each and every Barrel or Package containing less than

Fifty Pounds for any period not exceeding Six Weeks .. 0 6

Ditto above Six Weeks, per Week .. .. 0 2

Printed by authority of the Government, by E. Stirling, Perth,