Gunpowder Act 1849 No 24a (NSW)

for belter regulating the keeping and carriage of Gunpowder" it was enacted t h a t all penal t ies should be recoverable before any two or more Jus t i ces of t he Peace wi th in and for the Terr i tory of New South Wales or any District thereof A n d whereas doubts have ar isen as to the power of Jus t i ces of t he Peace to adjudicate in a summary way under t he said recited Act and it is expedient to amend the same Be it therefore enacted by H i s Excel lency the Governor -of New South Wales with, the advice and consent of the Legislative Council thereof That all

No. XXIV.

An Act to amend an Act passed in the seventh year of the reign of His late Majesty King William the Fourth intituled " An Act for

" better regulating the keeping and carriage of

" Gunpowder [ 2 4 $ September, 1 8 4 1 ) . ]

WH E R E A S by an Act passed in t he seventh year of the reign of H i s late Majesty K i n g Wi l l i am t h e Four th in t i tu led " An Act

all fines forfeitures or penal t ies which may lie incur red under t h e said reci ted Act or any Ac t amend ing the same may he sued for and recovered and all proceedings had thereon m a y he had and t aken a n d heard and determined in a s u m m a r y way before any one or more Jus t i ce or Jus t i ces of the Peace and t h a t all such proceedings shall be regula ted according to the provisions of an Act passed in the fifth year of the re ign of H i s late Majesty K i n g Wi l l i am t h e F o u r t h in t i tu led " An Act to regulate summary proceedings before Justices of the Peace" so far as t h e same shall be applicable or according to t he law in force for the t i m e being regu la t ing s u m m a r y proceedings before Jus t i ces of

the Peace .

2. A n d be it enacted Tha t i t shall be lawful for the Jus t i ce or Jus t i ces before whom any proceedings may be ins t i tu ted for t h e recovery of any pecuniary penal ty under th is Act to mit igate or reduce such pena l ty as to such Jus t i ce or Jus t i ces shall appear j u s t and rea­ sonable b u t no such pena l ty shall be reduced to less t h a n one- third of the original a m o u n t Provided always t ha t on every complaint to be hea rd and determined the informer shall be considered and is hereby declared to be a competent witness a n d provided also t h a t no person or persons shall be convicted of any offence aga ins t t he said reci ted A c t or any Act amend ing the same unless proceedings shall be commenced wi th in one calendar m o n t h from the t ime when such offence or offences shall have been commit ted.

3. A n d be it enacted That it shall be lawful for any officer of H e r Majesty 's Cus toms to seize wi thou t w a r r a n t any gunpowder which m a y be found on board any ship or vessel con t ra ry to the provisions of the said recited Ac t or any Ac t amend ing the same and to proceed thereon as the re in and herein is directed.