Gunpowder Act 1842 (SA)

V I C T O R I B REGIN.&.

"r

No. 5%"

l By His Excrllenc*y GEORGE GREY Esf i ire Governor and Cornmandwin-

ChiPf of Her A71~jesty's Province of &uth Australia and its Dependencies

untI Vice-Admii-a1 of the snnze by a d with the advice and coment of the

Leyislrcti~e Council.

A22 Act to regulate the ke~pikg and carriage of Guq~owder.

it is expedient that the keel~ing and carriage of

gunpowder withiu the Province of South Australia and its

dcpenclencies should be regulated by law in order to prevent the

mischiefs which may arisc from the improper exposure or carriage

thereof.

BE IT THEKEFORR' ETACTED by IIis ~xce l lmry GEORGE GREY

quantity necessary as stores for their use sllall forthwith holst a main. Union

Esquire Governor and Commander-irKhicf of Her Majesty's l'ro- h c e of South Australia and its Dependencies am1 Vice-Athniral of the same by and with the advice and cbnscnt of the Legislative Council thcreof That from and after the p,ssing. hereof the rules and regulations respecting gunpowder made uailer and by virtue of the Act of Council passed in the first yew of TIcr present Majesty's ~, t yi,t,ria, K,. 3.

reign cLFor the of the Ports and reguliition of Shipping"

shall be and m.c hereby repealed and the rules and regulations Commenccmcnt of gunpowder rcguda-

herein contained shall be in fbrcc within this Province and its ,,,,

l Dependencies.

11. And be it Enacted That all vessels arriving in thc pouts or Vess~lsarr ivin~ with

vunpnwdcr to hoist

harbors of South Australia having gmpowd@ on board exceeding the f ~, ion Jack at the

Union Jack at the main ant	if any master or commander of any
such vessel shall offend herein	he shall forfeit and pay the sum of
Twenty Pounds.

ship to land gun- 111. And be it Enacted T at the master of every ship or vessel

powder at mpgaeinea, '9

&C.	arriving in the harbor of Pc	'!	t Adelaide or in such other ports or
harbori in the said Provincc	:	I %and within such distance from the
Custom House of Port Adelai	di	t or such other ports aforesaid as shall
be from time to time pointed	9	cut by direction of the Governor for

the time being by official noti c4 - i published in the Government Gazette

shall land in the manner direc ctkd by this Act at such magazine or magazines as shall be appointed for the purpose by His Excellency the Governor all gunpowder ;exceeding thirty pounds in weight which may be on board such @hip or vessel whether as cargo or stores.

Penalty on ships

found m port with

1V. And be it Enacted 'That the master of every ship or vessel dth& port or harbor appointed: as aforesaid at any time after thk first day of November next on board which any gunpowder exceed- ing thirty pounds in weight shah be found shall be liable to a fine of Ten Shillings sterling for everg additional pouild weight of such gunpowder so found: Providd that twenty-four hours from the time of anchorage within such @stance as aforesaid shall be allowed to the master of evcry ship or vessel anchoring in Port Adelaide or any other port or harbor as doresaid for the landing of all gun- powder exceeding the aforesaidt;weight.

,gunpowder.

lying within such distance as aforesaid in Port Adelaide or in any

%nrilty on going V. And be it Enacted That 40 ship or vessel shall be allowed to

alongside wharfe.

come alongside any wharf at F$rt Adelaide or at any other ports or harbors appointed as aforesaid Until all gunpowder exceeding thirty pounds in weight which may bbe,on board, whether as cargo or stores shall be first landed as aforesaid; and every master or commander of a ship who shall offend herein khall forfeit and pay a fine of One Pound sterling for every additional pound weight of such gun-

powder found on board.

P 0 v VI. And be it Enacted Tha$ the master of every ship or vessel

ta be xeported importing gunpowder to Port Adelaide or into any port or habor as aforesaid shall previously to fhc landing of such gunpowder for the purpose of being deposited $I the Government Magazine report the same to the Harbor ~ a s ( k r or storekeeper or other person appointed by the Governor to tbke chargc of the same and so soon as the same shall be reported to'such Harbor Master or storekeeper or other person he shall and h& is hereby authorized to grant a permit or permits to the mas@r of such vessel to land such g m powder in order that the samk may be deposited in one of the Government Magazines and the paid Harbor Master storekeeper or person shall receive the same into his custody and charge and enter

in

in a book to be kept by him for that pbpoee the name of such master of vessel and of the importer or pbprietor together with the particulars of the packages of the gunpolqder so to be deposited.

VII. And be i t Enactcd That any guppowder which may be so Gunpowder to be re- moved from vessel to

permitted to be deposited in the Governmkt Magazines as aforesaid the

bctwcen such hours as may be appoi~ited by His Excellency the sunset.	shall be removed only between the hours p of sunrise and sunset or hour6 of sunrue and
Governor from the ship or vessel in which the same may be so imported and when and so often as any guantity or quantities of gunpowder shall be so removed the same shall be brought direct from such ship or vessel to such place as d a y have been appointed for the landing of such gunpowder and tkncc to such magazine as aforesaid by and at the expense of the owners of the vessel or of the proprietor or importer thereof.
VIII. And be it Enacted That all boats psed for the conveyance of gunpowder shall be provided with tarpaulins and be properly housed Boats conveying gun-

powder to bt: provided

over and any person who shall convey any gunpowder in any boat not so provided with tarpaulins and prcyerly housed over shall

forfeit and pay the sum of Ten Pounds for every such offence.

IX. And be it Enacted That all gunpowder removed in compliance Packages of gun-

with the terms of this Act shall be in packages or barrels closely powder to bc properly secured without any

joined or hooped without any iron about them and not containing iron about them.

in any one iackage or bake1 more than one hundred pounds i;

weight and the said paclcagcs or barrels shall be so secured that no part of the gunpowder can be scattered on the removal thereof and in case of failure thereof the Harbor Master storekeeper or person in charge of any such magazine as aforesaid or any other person who

may remove the same on his behalf shall be and is hereby authorized and empowered to rerrlove the contents of the said packages or

barrels into secure or proper packages or bkrrels and to charge the expense attending the same to the importer or proprietor thereof and the said storekeeper or person may retain t b gunpowder so removed

until the said expenses shall be paid.

X. And be it Enacted That all applications for the delivery of the ~ $ ~. t ' ~, f " ' ~ ~ $ ~; ~,

whole or any part of the gunpowder so deposited in such magazine

as aforesaid shall be made to the storekeeper or person for the time

being having the same in charge, who shau acc&dingly deliver the

same at the magazine to the person properly authorized to receive

the same: Provided always that no such delivery shall be made until all storage rent and other expenses which may have been incurred of and concerning the depositing such gunpowder as aforesaid shall have been paid and discharged.

XI. And be it Enacted That the storage rent and other charges bgul~t ing storage

for the depositing of gunpowder in any such magazine as aforesaid

and

and to bc paid by the impor	or proprietor of such gunpowder
shall be at the ratc contained	the Schedule marked A hereunto

annexed: Provided that it ~$111 be lawful for the Governor at any time by any order to dirninish4the rate of such store rent and other charges and again to increase them to an moun t not exceeding that

contained irr the Schedule A $reunto annexed.

Gunpowder from	XII. And be i t Enacted '@at	no gunpowder shall be landed after
Government Nagazinc

may be landed at the having been embarked from t$e Government Magazines in any part

that purpose. pho a~pOPU'""fOr of the Harbor of Port Adelhide or of the ports and harbors ap-

~oin ted bv the Governor in thl: manner bcforc directed othcr than at such landhgplace as may be appointed for that purpose by thc Governor or at any time othei than between the hours of sunrise

and twelve o'clock at noon or between such hours as may be from

time to time appointed for the purpose by the Governor and any person or persons who shall l a d or attempt to land any gunpowder contrary to the provisions of "this clause shall forfeit and pay the sum of Two Shillings far eve* pound of gunpowder so landed or attempted to be landed.

hundred weight of XIII. And be it Enacted That not more than eight hundred more than ci&

gunpowdertobe con- weight of gunpowder shall be conveyed at one time in any cart ycyod at once. or other carriage and every c a t or othcr carriage used in conveying

gunpowder shall have a complkte covering of wood or tarpaulin or woollen cloth over all the gixnpowder conveyed thcrcin and any person who shall convey any greater quantity of gunpowder on any cart or other carriage or who shdl convey in any cart or ot,her carriage any quantity of gungowcler not properly provided with a covering as aforesaid shall fbrfeit and pav for crerv such off'cnce	L	W
respect&ly the sum of Ten Paunds.

Dealers not to keep	XIV.	And be i t Enacted That no person or persons shall haw or
more than 1001bs.

wei* keep within any t o m or the hburbs thereof in this Province or its

t e e e t Dependencies at any one time bein8 a dealer or dealers in gunpowder

601bs. welght on thelr

premises in turns,	more than one hundred pounds wrlght of gnnpowder and not being such dealer or dealers more than fifty pounds weight of gunpowcler	in any house storehouse warehouse shop cellar yard wharf or building	or place other t h n such magaine as aforcsaiid on pain of forfeiting
all the gunpowder beyond the quantity hereby allowed to be kept and
the barrels or packages in which such gunpowder shaLl bc and also any sum not exceeding Twenty Pounds for cvcry such offence.
Justice on oath to
issue a eeach warrant.	XV. And for the more easy'discovery of the keeping and carriage of gunpowder contrary to the provisions of this Act be it Xnaeted That it shall be ldwful for any Justice of the Peace in and for the Province of South Australia or p y dependency thereof upon dcmad made and a reasonable cause assigned upon oath by any person or persons to issue a warrant or warrants under his hand for searching in the day time any house storehouse warehouse shop ccllnr yard

wharf

wharf or other building or place or m y ship or vessel in which gimpo~vder is suspected to be kept contrary to the provisions of this Act and that all gunpowder found upon scarch to be kept contrary to the provisions of this Act and also the barrels and packages in which the same is contained sl~all be immediately seizcd by the searcher or searchers who shall with all convenient speed after the seizure remove the same to such proper place8 as they in conformity with the restrictions of this Act shall think fit and may detain such gunpowder and the barrels and packages containing the same until it shall be adjudged on a hearing before any two or more such Justices, whether the same shall be forfcitcd ~ n d such seardm or searchers seizer or seizers shall not be Liable to any suit for such detention or for any loss or damage which may happen to such gunpowder or barrels or packages other than by wilful acts of ncglect of them or of the persons with whom they shall trust the keeping thereof.

XVI. ,4nd be it Enacted That all fines and forfeitures incurred Recovery ofpcnaltics.

mder and by virtue of this Act shall be recoverable upon conviction ill a summary way before and by any two or more Justices of the Peace of the Province on proof of the offence on the oath or oaths

of one or more credible mitmss or witnesses or on thc confession of

the offendcr and any person aggrieved by the summary judgment or adjudication of any such Justices as aforesaid shall bc entitled to appral therefrom in such manner as may be at the time by law provided in the case of summary yroceediiigs before Justices of the l'eace.

Act shall go and be distribntcd one moiety to the person who sllall peadties. XVII. And be it Enacted That all penalties recoverable under this Appropriation of

ixlfom or sue for the same and the other moiety to Her hhjesty Her heirs and successors to be applied to the paymcnt and remune-

ration of the storekeepers so to be appointed as aforesaid and for and

towards thc expenses incident to the carrying into effect the several provisions of this Act or to the public uses of the Province and support of the Government thereof.

XVITI, Provided always and be it Enacted That the provisions of this Act shall not extend to the keeping of gunpowder at any belonging to Hae

Provisions not to ex-

tend t o ,pnpowdcr

storchousc or magazine or on board of any ship or vessel belonging

to Her Majesty Her heirs or successors or to any foreign ship or

~esscls of war or to the carriage of gunpowder to or from the Queen's Magazines under an order from the Governor for the time h n g of this Province or under the control and management of any Officer of Her Majesty's Army Navy or Ordnance.

I XIX. And be it Enacted That this Act shall be and be construed Act to be construed as as m A c t relating to the customs trade and navigation and all rights customs trade and an Act relating to the

remedies cnactments and provisions of the lmvs for the time being navigation.

i

in force within the Prov$ce relating to the customs trade and navigation shall so far as gplicable and not inconsistent herewith apply to all persons and $things and to all forfeitures penalties seizures and other procee-s under this Act as if the same were

expressly herein inserted. :: 6

Magazines ma be XX. Provided always an be it Enacted That nothing hereing con-

appointed on Hp-	b o ~ a.	tained shall be construed tokrevent the Governor from time to time appointing magazines on syp-board to which the provisions of this
Act shall apply in like m a m a as to magazines on shore. 3

G, GREY,

Governor South Australia.

Passed the Legislative Counc$l this twenty-

seventh &y of October, cone thousand

eight hundred and forty-tw~,

A. M. MUNDY,

:	Clerk of Co~ulcil.
i

!	;	I
3
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7 4

4

S C H E D U L E: A. 1

(REFERRED TO.)

i

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R A T E S O F S T O R ~ A G E.

S. d,

For each and every barrol or package containing 5 gunpowder and

upwards, for any period not exceeding six we .............. 2 0

Ditto ditto above six weeka per week . . .............. 0 3

For each and every barrel containing less than 5 any period not

exceeding six weeks .. .. .. . . .. . .. .. . .. . . ..........,... 1 0

Ditto ditto above six weeks per week .. .., 0 14

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Adelaide : Printed by authority, by W. C. Cox, Government Printer, Victoria-square.