Gunpowder Export Restriction Act of 1865 No 4a (NSW)

1. N o vessel hav ing gunpowder or warl ike stores on board
in greater quan t i t y t h a n m a y in t he opinion of t h e Collector or Chief
Officer of Cus toms at the por t of clearance be requi red for t h e ordinary

No. IV.

An Act to regulate the Export of Gunpowder

and Warlike Stores. [22nd April, 1865.]

BE it enacted by the Queen ' s Most Exce l len t Majesty by and t he advice and consent of the Legislat ive Counci l and Legislat ive

with

Assembly of N e w South Wales in P a r l i a m e n t	assembled	and by the
au thor i ty of the same as follows :—

ord inary use and service of such vessel or of any passenger proceeding the reby shall be cleared a t any por t in th i s Colony wi thou t a l icense unde r t he h a n d of t h e Governor or of t h e Colonial Treasurer A n d any gunpowder or war l ike stores shipped con t ra ry to th i s

e n a c t m e n t shall be forfeited.

2. Before any gunpowder or war l ike stores shall be shipped

u n d e r any such l icense t h e shipper thereof shall s ta te in w r i t i n g

t he n a m e of t h e place a t which i t is in tended t h a t t h e same shall be landed and shall give securi ty by bond in t h e s u m of five h u n d r e d pounds or t reb le t h e a m o u n t of t h e va lue of t h e gunpowder or Avarlike stores so shipped if such va lue exceed t h a t a m o u n t wi th two sufficient suret ies be ing resident householders to t h e satisfaction of t he said Collector or Chief Officer a t t h e po r t of clearance for l and ing such gunpowder or war l ike stores a t t h e place for which t hey are declared to be shipped and the proof of such l and ing shal l lie u p o n t h e shipper by p roduc ing to t h e said Collector or o ther Chief Officer a certificate u n d e r t h e h a n d of t he Collector or o ther Chief Officer of Cus toms Consul

or o ther publ ic officer a t t h e place whe re landed or o ther satisfactory

proof w i th in reasonable t i m e and on failure thereof t he shipper shal l

i ncu r a pena l ty of five h u n d r e d pounds to be recovered in a competen t Cour t a t the sui t of such f irst-mentioned Collector or o ther Chief Officer or of H e r Majesty 's A t to rney Genera l A n d in default of

p a y m e n t of such pena l ty by such shipper t h e said Collector Chief

Officer or A t to rney Genera l m a y p u t t h e said bond in sui t in a l ike

Cour t and recover u p o n the same	A n d every s u m so recovered	shall
be paid to t he Colonial Treasurer a n d be by h i m	carr ied over to	t h e

Consolidated Revenue F u n d .

3 . The Colonial Treasurer t h e Collector of Cus toms a n d all

persons ac t ing u n d e r the i r au thor i ty are hereby indemnified for any

orders which they m a y respect ively have given or obeyed for l imi t ing the expor ta t ion of gunpowder and Avarlike stores as aforesaid be tween t h e twelfth day of October one thousand e ight h u n d r e d and sixty-four on which day t h e last A c t expired a n d t h e pass ing of th i s Act .

4 . This A c t shal l cont inue in force for t h r ee years after t h e

pass ing thereof and m a y be cited as t h e " Gunpowder E x p o r t

Res t r ic t ion A c t of 1 8 6 5 . "