Gun Powder Act 1846 (SA)

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No judgment structure available for this case.

No. 2. i.

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ORDINANCE Enacted by the

Governor o f ~ o t r d, ; ~ l u h l i o,

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aduicl otrd

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consent of Pe Legislative Coun&'l thereoj.

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Further to regulate t7te Iieeping and Catn~iage

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Gic?ymuder.

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9,

[8th &c&,

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IIRREAS on Ordinancc was pnssrd 411 thc twenty-sevcntlr day Froarobla

shall not be paid within twelve months aft& such gunpowder shall

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of Ocl obrr, onc tlrousmld ci+t

I lund~rd md forty-two, intitnlcd

U An Act to n>glili~tc

tllr Iwcpng mtd carriage of Gu~lporvdcr

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And ~slicrcns it is expedient to amend; the said Ordnance in

manner afteimentioned:

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BE

IT THEREFORE ENACTED,

by the ~ o & m o r

of Sollth Aust mkt, Gun~oadcr

with the advice and consent of the Lcgislatire Council thereof, c h q p

aold for payment of

that from a i d aftcr the passing hereof, if the storcnge rent due

upon, and all othcr chargcs and expcnses incuncd in ~cspcct of, any gunpowder hcrctoforc or hereafter. t o be deposited in any

magazine subjcct to the provisions of :the recited Ordinance,

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have been so deposited, or wit one month after demand shall

be made by the storekeeper: or other officer appointed in

that behalf; it shall be lawful f6r such storekeeper or other officer to cause such gunpowder, or so :buch thereof as may appear to be necessaiy to satisfy all such st@eage rent and other charges and expenses, to be sold by publiq auction, and the produce thereof shall be applied, first to the p a p e n t of such storeage rent and all

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other charges and expenses as iaforesaid, and the surplus, if any, '

shall be paid to the importer @ proprietor, or other person duly

authorized to receive the same. $

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-Permits may

ob-

11. AND

BE IT ENACTED,

that &thing in the recited Ordinance con-

tained for lending end

conv~r inso~gm~

tahod shall prevent any impodter of gunpowder, who shall be

powder to P ~ V -

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mtorea under c e d n

certified by two Justices of th& Peace to have provided a suit-

coaditionr

able store or magazine, being b&t of brick or stone, and having a

lightning conductor thereto, an$ standing separate and being at

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distance of not less than two huddred vards from all other buildings

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whatever, and from any public r h d, a& not being within any to&,

or the suburbs thereof, from obtaining a permit for the removal

of gunpowder imported by hi&, from the importing vessel, to

such store .or magazine, in likd manner a9 he may to the Govern.

ment magazine, subject to the t6jb-n~ and conditions imposed by the

recited Ordinance: Provided that such gunpowder &all be landed

and removed at such time ant$‘ place, and under such regulations

as the Harbor Master may frorn&me to time prescribe,

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Rcpal of sec. 13,

111. AND BE IT ENACTED,

t lht section thirteenth of

the recited

of recited Ordinance

a

,

prorLionlu

Ordinance which prohibits the gonveyance at one time, in any cart

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to bhcqunntit~,and

or other carriage, of more than 4ght hundred weight of pnpovder,

securing of gonpow-

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d.. in mrriwg

shall be and is hereby repealed i'

and it shall be lawf111 to convey at

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one time, and in one carriage, bny quantity of gunpov-der not ex-

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ceeding one ton in weight; and kveiy cart or other carriage used in '

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coiiveying gunpowder in any yquantity exceeding one hundred

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pounds weight, s l d l be closeX7 boarded in every part, witliout

iron fnstenings of any kind, :ancl shall be hied with wooled

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s l~cpkins, di f~mlisli~d with- & sufficient qnnnt'ity of skins, to

ensure the scverd casks or @arc& being safely and securely

packed; and thc door or o ning of every such cart or card ~ j a g e shall be secured by n$oek, the key whereof shall not

be in the custody of the c&cluctors thereof; and the word

" Gunpowder," shall bc painted, in letters not less than two inches long, on at least two conspic&us places of the cover, so as to be easily seen and read, and the oyiper's name and the number of such cart or caniage shall be painted on both sides thereof; nnd

every such cart or

be conducted, or taken charge of

by more than one

shall convey any greater

quantity of gunpowder on rnt c q t or carriage, or-8hdl convey

gunpowder

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riage not covered, secured, painted, and condhcted in manner afore- gimpo~vder in any such quantity as aforesaid, in any cart or car- said, slmll, on conviction, forfeit and pay far every such offence

respectively the sum of ten pounds: And 9 pipowder conveyed

contrary to the provisions hereof, with th , craft, carriage, and

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animals (if any) conveying the same shall be forfeited.

P

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IV. AND BE IT ENACTED,

that if any cond~<ctor,

or person having

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charge of any cart or carriage conveying ghpomder in any such MOW d d r i ~ ~ ~

quantity as aforesaid, shall halt such cart dr carriage, within two

hundred yards of any house whatever, or sh& be found in a state

~f clrurunlenness, or riding on the shafts, or ob any part of such cart

or carriage, or smoking while so employed, t r guilty of any misbe-

haviour likely to produce accident or danger $0 others, such peraon

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shall, oon conviction for every such offence, foiifeit and pay a penalty

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of not less than one pound nor more than five kounds.

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