Gunpowder Act 1841 No 11a (NSW)

No. XI.

An Act to amend an Act int i tuled " An Act for

" better regulating the keeping and carriage of

" Gunpowder."" December, 1841.]

WH E R E A S W a l e s was passed in t h e seventh year of t h e reign of H i s late

an A c t of t h e Governor a n d Counci l of New South

Majes ty K i n g W i l l i a m t h e F o u r t h in t i tu led " An Act for better

regulating the keeping and carriage of Gunpowder " and whereas it is

expedient t o amend the said reci ted Act in m a n n e r hereinafter

men t ioned Be i t therefore enacted by H i s Excel lency t h e Governor of

N e w Sou th W a l e s w i th t h e advice of t h e Legis la t ive Counci l thereof Tha t from and after t he pass ing of th i s Ac t t h e mas te r of every ship or vessel a r r iv ing in t h e H a r b o u r of P o r t J ackson in t h e Colony of

N e w Sou th W a l e s shal l be requ i red to land a t t h e Gove rnmen t

Magaz ine in m a n n e r requi red by t h e said rec i ted Ac t all Gunpowder which m a y be on board such ship or vessel w h e t h e r as cargo or stores a n d t h a t no ship or vessel shall be allowed to en te r Sydney Cove or Darl ing H a r b o u r u n t i l all Gunpowder which m a y be on board whe the r as cargo or stores shall be first l anded as aforesaid and t h e mas te r of every ship or vessel ly ing e i ther in Sydney Cove or D a r l i n g H a r b o u r

on

a t any t ime after t h e pass ing of th i s Ac t	on board wh ich any G u n ­
powder shall be found shal l be l iable to a fine of one p o u n d	s ter l ing

for every p o u n d weigh t of such Gunpowder so found Provided t h a t twelve hour s from t h e t i m e of anchorage shal l be allowed to t h e mas te r of every ship or vessel anchor ing in Sydney Cove or D a r l i n g H a r b o u r

for t h e l and ing of such G u n p o w d e r no t exceeding t w e n t y pounds in

weight as he m a y have b r o u g h t u p as stores in such ship or vessel.

2. A n d be i t enacted Tha t all boats used for t he conveyance of Gunpowder shall be provided wi th t a rpau l i n s and be proper ly housed over and any person who shal l convey any G u n p o w d e r in any boat no t so provided wi th t a rpau l in s and proper ly housed over shall forfeit and pay the s u m of t en pounds for every such offence.

3 . A n d be i t enacted T h a t no s team vessel engaged in t h e

Coast ing or Colonial t r a d e of the said Colony shal l car ry G u n p o w d e r

e i ther as stores or cargo a n d t h e mas te r or owner of any s team vessel

on board which any Gunpowder m a y be found con t r a ry to t h e pro­ visions of t h i s Ac t shal l forfeit and pay for every such offence any s u m not exceeding fifty pounds no r less t h a n t e n pounds Provided t h a t no th ing he re in conta ined shal l preven t or be const rued to p r even t any s team vessel b o u n d to any por t or por t s beyond seas to ca r ry any such reasonable q u a n t i t y of Gunpowder as m a y be requi red for t h e purpose

of	m a k i n g	s ignals .
4. A n d be i t enacted Tha t no Gunpowder shal l be l anded from t h e Gove rnmen t Magaz ine in any p a r t	of t he H a r b o u r of P o r t	J ackson

other t h a n a t t h e Queen ' s "Wharf or a t any t ime other t h a n be tween

t h e hou r s of six a n d t en in t h e m o r n i n g	and	any person	who	shall
l and or a t t e m p t	to l and any	Gunpowder con t ra ry	to t h e	provisions

hereof shal l forfeit a n d pay t h e s u m of two shill ings for every	pound
of Gunpowder so landed or a t t emp ted to be landed.

5.    A n d be it enacted Tha t not more t h a n e ight h u n d r e d weight

of Gunpowder shal l be conveyed at one t i m e in any car t or other carr iage and every car t or o ther carr iage used in conveying Gunpowder shall have a complete covering of wood or of pa in ted cloth t a rpau l in or woollen cloth t i l t s over all t h e Gunpowder conveyed the re in a n d any person who shal l convey any grea ter quan t i t y of Gunpowder on any car t or o ther car r iage or who shal l convey any quan t i t y of Gunpowder in any car t or o ther carr iage no t proper ly provided wi th covering as aforesaid shall forfeit and pay for every such offence respect ively the sum of t en pounds .

6. Prov ided always a n d be i t enacted Tha t th is A c t shal l no t

ex tend to t he keep ing of Gunpowder a t any store house or magaz ine be longing to H e r Majesty H e r H e i r s or Successors or to t he carr iage of Gunpowder to or from t h e Queen ' s magazines unde r an order of t he Governor for the t i m e be ing of t he said Colony or unde r the control

and m a n a g e m e n t of any officer of H e r Majes ty ' s A r m y N a v y or

Ordnance .

7. A n d be i t enacted T h a t al l penal t ies imposed by th is A c t

shall be recovered a n d applied in t h e same m a n n e r as any penal t ies may be recovered and applied unde r t h e provisions of t h e said recited Ac t .