Explosives, gunpowder (1850) (WA)

WESTERN AUSTRALIA.

ANNO DECIMO QUARTO

V ICTORLE REGINIUI

No. IX.

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 regula-

ted by Law, in order to prevent the great mischiefs which may arise from explosions 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

the

14th Viet, No. 9. 1850,

advice and consent of the Legislative Council thereof, that front and after the passing of this Ordinance, the Muster of every Ship or

Vessel arriving in any of the Ports or Harbours of this Colony

blaster of Vessel ha- having Gunpowder on board of such Ship or Vessel, shall immedi-

ving Gunpowder to ately make a distinct and separate report of the same to the Col-report the same. lector 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 commander of such Ship or Vessel, or to the linpoi ter or Proprietor or Consignee of such Gunpowder. to land and deposit the same in such manner and at such tune and place as hereinafter mentioned

Governor to appoint II. AND be it enacted, that it shall be lawful for the Governor the time and place. or 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 Gunpowder 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 III. AND be it enacted, that it shall be incumbent upon the

landed to he removed Importer, Consignee, or Proprietor of any gunpowder landed or

immediatelyto Ma. deposited for reshipment at any Jetty, Quay, Shore, River, Bank or gazine.

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 afore-

said, contrary to this provision, so that danger to life or property

may be reasonably 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 four W. AND be it enacted, that not more than Four Hundred

one time. Cart or other Carnage, and any person who shall convey any cwt. to he carried at weight of Gunpowder shall be conveyed at any one time in 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.

V.

1850.              14th Viet, No, 9.

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 a tarpaulin.

shall be provided with Tarpaulins for the safe and proper cover-

ing of the same, and any person who shall convey any Gun-

powder in any boat or vehicle not so provided, and not having the

Gunpowder exceeding the quantity of Ten Pounds, so covered, shall

forfeit and pay for every such offence a sum not exceeding Ten

Pounds.

AND be it enacted, that no dealer, or other person shall have or keep within any town in. the said Colony more than one hun-

No person to keep

more than 100 lbs of

Gunpowder at one

dred pounds of Gunpowder at one time, ana on the same premises; and

time.

any dealer OP person so offending, shall for every such offence forfeit

and pay a 51.1m not exceeding Fifty pounds.

VI.

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 proprie- tor of such Gunpowder, shall be paid at the rate contained - in the sched- ule 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.

AND for the more easy discovery of the keeping and Car- riage of Gunpowder contrary to the provisions of this Ordinance, Be it enacted, that it shall be lawful for any Justice of the Peace, on demand 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 Gun- powder which shall be found to be so kept or conveyed as aforesaid, to be removed i in mediately to the nearest Magazine or place appointed as before mentioned.

IX.

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

for offences against this Ordinance shall be commenced within three ceedings

three

14th Viet, No. 9. 1850.

calendar months after the offences thereby respectively charged shall have been committed, and shall be heard and determined', and the penalties and forfeitures in respect of the same, shall be awarded

priation of penalties. or more Justices of the Peace, according to the provisions of an Recovery and appro- enforced, and appropriated in a summary manner before any two

Ordinance passed in the 14th year of the Reign of Her present Ma-

jesty, intituled " An Ordinance to facilitate the performance of the duties of Justices of the Peace out of Sessions in the Colony of Wes- tern Australia, with respect to summary convictions and orders."

Not to extend to the XI. AND be it enacted, That this Ordinance shall not extend Queen's magazine. to the landing or keeping of Gunpowder at any storehouse or

magazine belonging to Her Majesty, or to the carriage of Gunpow- der to or from any such magazine under the control and man- agement of any officer of Her Majesty's Army, Navy, Ordnance, or any person authorised on the part of the Colonial Government.

Appropriation of XII. AND be it enacted, That all payments made for the stor-

Storage Rent,	age of Gunpowder under this Ordinance in any store or ma- gazine beloniging to the Local Government shall be appropria- ted to the use of Her Majesty, Her Heirs and Successors, for the public uses of this Colony and the support of the Government thereof.
XIII. AND be it enacted, That the Ordinance No. 25, passed in the 12th year of the present reign, for the keeping and carriage of
Gunpowder, be and the same is hereby repealed.

CHARLES FITZGERALD,

GOVERNOR AND COMMANDER-IN-CHIEF.

Passed the Council, 'Z

2nd Dec., 1850. j

T. N. YULE,

Clerk of the Councils.

SCHEDULE