Gunpowder Act 1836 No 11a (NSW)

WH E R E A S it is expedient t ha t t he keep ing and carr iage of Gunpowder impor ted into New South W a l e s should be be t t e r	r egu la t ed by Law in order to prevent t h e mischiefs which may arise
from explosions occasioned by the improper exposure; or carr iage thereof and for these purposes it is expedient and necessary t h a t t h e A c t of t h e Governor and Council passed in the n in th year of the re ign of

No. VII.

An Act for better regulating the keeping and

carriage of Gunpowder. [11th August, 1836.]

of H i s l a te Majesty K i n g George the F o u r t h in t i tu led " An Act to

" regulate the keeping and carriage of Gunpowder imported into the

" Colony of New South Wales" should he repealed B e it therefore

enacted by H i s Excel lency the Governor of N e w South W a l e s wi th t h e advice of t h e Legislat ive Council thereof That t he same shall from a n d after t h e commencement of th i s A c t or Ord inance be and t h e same is hereby repealed.

2. A n d be it enacted Tha t from a n d after the first day of October n e x t all and every person or persons who shall impor t G u n ­

powder in to th i s Colony shall immedia te ly when i t shall arr ive in t he ha rbour of Po r t J ackson repor t t h e same to t he Collector or Control ler of Cus toms and also to t he Ordnance Storekeeper for t h e t ime-being and as soon as t h e same shall be repor ted to the Ordnance Storekeeper for the t ime-being he shal l and he is hereby author ized to g ran t a pe rmi t or pe rmi t s t o t he impor te r of Gunpowder as aforesaid or to t he propr ie tor thereof in order t ha t t he same may be deposited in one of t h e magaz ines be longing to t h e Government and t h e said Ordnance Storekeeper shall receive t he same in to his custody and charge and enter in a book to be kep t by h im for t h a t purpose the n a m e of such

impor te r or propr ie tor toge ther wi th t he pa r t i cu la r s of t he packages

of t he Gunpowder so to be deposited.

3. A n d be it fur ther enacted T h a t in ease any such impor te r

or propr ie tor of Gunpowder as aforesaid should a t any t ime whilst it shall be deposited in m a n n e r aforesaid sell or t ransfer t he whole or any pa r t of the same to any other person or persons such sale or t ransfer shal l he immedia te ly repor ted in wr i t ing to t he Ordnance Storekeeper and a certificate of such sale or t ransfer from t h e original impor te r or propr ie tor shal l also he produced to t he said Ordnance Storekeeper in order t h a t t h e same m a y be duly registered and in case of failure thereof i t shal l be lawful for t h e said Ordnance Storekeeper to refuse to deliver u p t he said Gunpowder so in his charge.

L A n d be i t fur ther enacted That any Gunpowder which may be so pe rmi t t ed to be deposited in t h e Government Magazines as afore­ said shal l be removed between the hours of sunrise and sunset from t h e ship or vessel in which the same m a y be impor ted and when and as often as any quan t i ty or quant i t ies of Gunpowder shal l be so removed the same shall be b rough t direct from such ship or vessel to t h e Government Magazine by and a t t h e expense of t h e impor te r or

p ropr ie tor	thereof.
5. A n d be i t fur ther enacted That all Gunpowder so removed as aforesaid shal l be in packages or barre ls closely joined or hooped

w i t h o u t any i ron about t h e m and no t conta in ing in any one package or ba r re l more t h a n one h u n d r e d pounds in weight and the said pack­ ages or barre ls shall be so secured t h a t no p a r t of t he Gunpowder can be scat tered in t h e removal thereof and in case of failure thereof t he Ordnance Storekeeper for t h e t ime-being or o ther person who m a y receive t h e same on his behalf shall be and is hereby author ized and empowered to remove t h e contents of t h e said, packages or barrels in to secure and proper packages and to charge t he expense a t t end ing the same to the impor te r or proprie tor thereof and t h e said Ordnance Storekeeper m a y refuse to deliver the Gunpowder so removed in to fresh packages un t i l t h e said expenses shall he first paid.

6. A n d be it fur ther enacted T h a t all appl icat ions for the delivery of t h e whole or any pa r t of t he Gunpowder so deposited in t he Government Magazines as aforesaid shall be m a d e to t he Ordinance Storekeeper for t he t ime-being who shall deliver t h e same accordingly to t h e person proper ly authorized to receive t h e same at t he magazine Provided always t h a t no such delivery shall be made un t i l all s torage r e n t and o ther expenses which may have been incur red of and con­

cerning

cern ing t h e deposi t ing of such Gunpowder as aforesaid shall have been

pa id a n d discharged.

7. A n d be i t fu r ther enacted T h a t t h e s torage r en t for t he

deposi t ing of Gunpowder in t h e Gove rnmen t Magaz ine as aforesaid and

to be pa id by the impor te r or p ropr ie tor of such Gunpowder shall
be fixed a t t he r a t e conta ined in t h e Schedule m a r k e d A he reun to

annexed .

8. A n d be i t fur ther enacted Tha t if any person who shall

impor t any Gunpowder in to th i s Colony or who shal l be t h e p ropr ie to r of any such Gunpowder or if any other person or persons shall l and or cause to be landed or r emoved any Gunpowder o therwise t h a n is provided for by th is Ac t any person be ing convicted thereof shall

forfeit t he s u m of five pounds for each and every ba r re l or package

t h a t shal l be landed or removed other t h a n aforesaid.

9. A n d be it fu r ther enac ted Tha t all paymen t s m a d e for t he

storage of Gunpowder u n d e r and by v i r t ue of th i s A c t shall be applied

for and towards t he erect ion and keep ing in repai r of t he G o v e r n m e n t

Storehouses and Magaz ines as also for a n d towards t h e p a y m e n t of

t h e officers or persons in charge of such Storehouses or Magaz ines
respect ively.

10.    A n d be i t fur ther enacted by t h e au tho r i t y aforesaid Tha t no

person or persons shall have or keep w i th in any town in t h e said Colony a t any one t ime be ing a dealer or dealers in Gunpowder more t h a n two h u n d r e d weight of Gunpowder a n d n o t be ing such more t h a n one h u n d r e d weight of Gunpowder in any house s torehouse warehouse shop cellar y a r d whar f or any other bu i ld ing or place occupied by t h e same person or persons on pa in of forfeiting all t h e Gunpowder beyond

t h e quan t i t y hereby allowed to be k e p t and t h e bar re l s in which such

Gunpowder shall be and also t h e s u m of two shi l l ings for every p o u n d of Gunpowder beyond such allowed quan t i t y .

1 1 . And for the more easy disco\Tery of the keeping and carriage of Gunpowder contrary to the provisions hereinbefore contained be it further enacted That it shall be lawful for any Justice of the Peace within and for the Territory of new South Wales or any district thereof on demand made and a reasonable cause assigned upon oath by any person or persons to issue a w a r r a n t or warrants under his hand and seal for searching in the day-time any house storehouse warehouse shop cellar yard wharf or other building or place in which Gunpowder is suspected to be kept contrary to this Act and that all Gunpowder found upon search to be kept contrary to this Act and also the	Gunpowder-barrels shall be immediately seized by the searcher or
searchers who shall with all convenient speed after the seizure removo
the same to such proper places as they in conformity with the restrictions of this Act shall think fit and may detain such Gunpowder and the barrels containing the same until it shall be adjudged on a hearing before any two or more of such Justices whether the same shall be forfeited and such searcher or searchers seizer or seizers shall not be liable to any suit for such detainer or for any loss or damage which may happen to the said GunpoAvder or barrels other than by wilful acts or neglects of them or the persons with whom they shall trust the keeping thereof.
12. And be it further enacted by the authority aforesaid That all penalties enacted by this Act shall be recoverable before two or more Justices of the Peace within and for the Territory of New South. Wales or any district thereof on proof of the offence on the oath or oaths of one or more credible witness or Awitnesses or on the confession of the offender and one moiety of each penalty shall belong to His Majesty His Heirs and Successors and the other moiety thereof to the informer or informers prosecuting for the same and where the penalty

shall

shal l he pecun ia ry in case of non -paymen t it shall he levied by dis­ t ress a n d sale of t he offender's goods and chat te ls by w a r r a n t unde r t h e h a n d s a n d seals of such Jus t i ces and t h e overplus of t he money ra ised after deduc t ing the pena l ty and the expenses of t he distress a n d sale shall be rendered to the owner and for w a n t of sufficient distress t h e offender shal l be sent by such Jus t i ce s to the house of correct ion the re to be kep t to h a r d labor for any t e r m no t exceeding th ree

m o n t h s	nor	less t h a n	one	m o n t h	as	such Jus t i ces shall t h i n k most
proper .

13 . Provided always and be i t fur ther enacted by the au thor i ty aforesaid T h a t th is Act shall no t ex tend to tin; keep ing of Gunpowder a t any s torehouse or magaz ine be longing to H i s Majesty H i s H e i r s or Successors or to t h e carr iage of Gunpowder to or from the K i n g ' s magaz ines unde r a special and express order of t he Governor or

A c t i n g Governor for t he t ime-being.

14. A n d be i t fur ther enacted Tha t th is A c t shall commence

and t ake effect on t he first day of October one thousand eight h u n d r e d

a n d th i r ty-s ix .

S C H E D U L E A . R E F E R R E D TO.

Rates of Storage.

£ s. d.

For each and every barrel or package containing 501bs. of Gun­

powder and upwards for any period not exceeding six weeks 0 1 (I

Ditto ditto above six weeks per week .. . . . . . . 0 0 2

For each and every barrel containing less than 50Ibs. for any

period not exceeding six weeks . . . . . . 0 0 6

Dit to ditto above six weeks per week . . . . . . . . . 0 0 1