Port Phillip Gunpowder Act 1848 No 11a (NSW)
No. L,
An Act to regulate the keeping and carriage of
Gunpowder imported into tha t part of the
Colony of New South Wales called Por t
Phillip. [15th June, 1848.]
| t he Dis t r ic t of Tor t Phi l l ip should he regula ted by law in order to | WH E R E A S powder impor ted in to t h a t p a r t of New South Wales known as |
| prevent t h e great mischiefs which m a y arise from explosions occasioned by the improper exposure or carr iage thereof Be i t enacted by His Excel lency t h e Governor of New South Wales wi th t he advice and consent of t he Legislat ive Counci l thereof Tha t all and every person or persons impor t ing gunpowder in to t h e Po r t of Melbourne or other place wi th in t he said Dis t r ic t of P o r t Phi l l ip shall l and or cause t h e same to be landed be tween t h e hours of seven in t h e m o r n i n g and live in t h e afternoon and a t no o ther t ime or t imes whatever upon pa in of forfeiting the s u m of five pounds for every bar re l or package of gun powder t h a t shall be landed otherwise t h a n as aforesaid. |
it is expedient t h a t the keep ing and carr iage of gun
| 3. A n d be i t enacted Tha t t he mas te r of any ship or vessel a r r iv ing in t h e P o r t of Melbourne in t h e Dis t r ic t of P o r t Ph i l l ip shall l and a t t h e Governmen t Magazine in the m a n n e r requi red by the pro visions of t h i s Ac t all gunpowder which may be on board such ship or | vessel |
2. A n d be i t enac ted T h a t all and every person or persons who
shall impor t gunpowder into t h e P o r t of Melbourne shall immedia te ly on i ts a r r iva l in ha rbour repor t t he same to t h e Collector or other Chief Officer of Cus toms for t he t i m e being and as soon as the same shall be repor ted to t he Collector or other Chief Officer of Cus toms for t h e t ime being he shall and he is hereby author ized to g r a n t a pe rmi t or pe rmi t s to t he impor te r of gunpowder as aforesaid or to t he pro pr ie tor thereof in order t h a t t he same may be deposited in one of t h e Magaz ines be longing to Governmen t and t h e Storekeeper thereof shall receive t h e same in to his custody and charge and enter in a book to be k e p t by h im for t h a t purpose the n a m e of such impor ter or pro
| pr ie to r toge ther | wi th the pa r t i cu la r s of t he packages of t he | gunpowder |
so to be deposited.
vessel whe the r as cargo or stores and t h a t no ship or vessel shall be allowed to enter Hobson ' s Bay to the n o r t h of t h e black buoy off Gel l ibrand ' s Po in t on t h e R ive r Y a r r a Y a r r a u n t i l all gunpowder which may be on board shal l be first landed as aforesaid and t h e mas te r of every ship or vessel ly ing ei ther in Hobson ' s Bay to t h e no r th of t he b lack buoy off Gel l ibrand 's Po in t or in t h e River Y a r r a Yar ra a t any t i m e after t h e pass ing of th i s A c t on board of which any gunpowder shall be found shall be l iable to a fine of no t less t h a n five nor more t h a n fifty pounds for every bar re l or package of such gun powder so found Provided t h a t twenty-four hour s from the t ime of anchorage shal l be allowed to t he mas te r of every ship or vessel anchor ing in Hobson ' s Bay or in t h e R ive r Y a r r a Y a r r a for t he l and ing of such gunpowder no t exceeding twen ty pounds in weight as he m a y have b r o u g h t as stores in such ship or vessel.
4s. A n d be i t enac ted Tha t all ships or vessels a r r iv ing in
Hobson ' s Bay hav ing gunpowder on board exceeding the quan t i tyal lowed as stores are to hoist an U n ion J a c k a t t h e main-mas t -head
u p o n be ing requi red so to do by t h e H a r b o u r Mas te r or Pi lo t in charge
of such ship or vessel which U n i o n J a c k shal l no t be hauled down u n t i l t he gunpowder on board be landed according to law u n d e r a pena l ty in each case of t e n pounds . 5. A n d be i t enacted T h a t in case any such impor te r or pro pr ie tor of gunpowder as aforesaid shall a t any t ime whilst i t shall be deposited in m a n n e r aforesaid sell or t ransfer t h e whole or any p a r t of t h e same to any other person or persons such sale or transfer shall be immedia te ly repor ted in wr i t ing to t he Storekeeper of the Magaz ine and a certificate of such sale or t ransfer from the or iginal impor te r or p ropr ie to r shall also be produced to t h e said Storekeeper in order t h a t t h e same m a y be duly regis tered and in case of fai lure thereof it shall be lawful for t he said Storekeeper to refuse to deliver u p t h e said gunpowder so in his charge.
6. A n d be i t enacted Tha t all boats or o ther conveyances used in t he removal of gunpowder shall be provided w i t h t a rpau l ins or be proper ly housed over and any person w ho shall remove or cause to be removed any gunpowder in any boat or o ther conveyance no t so provided wi th t a rpau l ins or proper ly housed over as aforesaid shall forfeit and pay t h e fine of t en pounds s ter l ing for every such offence.
7. A n d be i t enacted Tha t n o gunpowder which shall be impor ted
in to t h e P o r t of Me lbourne shal l be landed from or placed in boats for sh ipmen t on board any ship or vessel in any pa r t of t he ha rbour other
t h a n a t t h e Magaz ine W h a r f and any person Avho shall l and or a t t e m p t to land or who shal l ship or a t t e m p t to ship any gunpowder cont ra ry to t h e provisions hereof shal l forfeit and pay the sum of five pounds for every bar re l or package of gunpowder so landed or a t t empted to be landed or so shipped or a t t empted to be shipped.
8. A n d be i t enacted T h a t no gunpowder shall be delivered from t h e Magazine a t any t ime other t h a n be tween t h e hours of
seven
a n d t en in t he morn ing . 9. A n d be i t enacted T h a t any gunpowder which m a y be so
pe rmi t t ed to be deposited in t h e Gove rnmen t Magaz ine as aforesaid
shal l be removed between t h e hou r s aforesaid from t h e ship or vessel
in which t h e same m a y be impor t ed a n d w h e n and so often as any quan t i t y or quan t i t i e s of gunpowder shall be so removed t h e same shall be b r o u g h t direct from such ship or vessel to t he Government Magazine by and at t he expense of t he impor te r or propr ie tor thereof.
10. A n d be it enacted T h a t the Magaz ine or Magazines belong i n g to t he Governmen t in t he said Dis t r ic t of P o r t Phi l l ip shall be subject to t he super in tendence and control of the Collector or other Chief Officer of Customs.
1 1 . A n d be i t enacted T h a t all gunpowder so removed as afore
said 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 con ta in ing in any one package; or bar re l more t h a n one h u n d r e d pounds in weight and the said packages or barre ls shall be so secured t h a t no pa r t of t he gunpowder can be scat tered i a t he removal thereof and in case of failure thereof t he Storekeeper of t h e Magazine for t h e t ime be ing or o ther person who may receive t h e same on his behalf shall be and he is hereby author ized a n d empowered to remove the contents of t he said packages or bar re l s in to secure and proper packages and to charge t h e expense a t t end ing t h e same to t he impor te r or propr ie tor thereof and t h e said Store keeper may refuse to deliver t h e gunpowder so removed in to fresh packages un t i l t h e said expenses shall be first paid.
12. A n d be it enacted Tha t all appl icat ions for t h e delivery of t h e whole or any pa r t of t he gunpowder so deposited in (he Government Magaz ine as aforesaid shal l be made to t he Storekeeper of t he Magazine for t h e t ime being who shal l deliver the same accordingly to t h e person proper ly author ized to receive t h e same at t h e Magaz ine Provided always t h a t no such delivery shall be made un t i l all s torage ren t a n d o ther expenses which m a y have been incur red of and concerning the deposi t ing of such gunpoAvdcr as aforesaid shal l have been paid and discharged.
13. A n d be i t enacted Tha t t h e s torage r en t for t h e deposit ing
of gunpowder in t he Government Magazine as aforesaid and to be paid by the impor ter or propr ie tor of such gunpowder shall be fixed a t t he ra te contained in t he Schedule m a r k e d A he reun to annexed.
14. A n d be it enacted T h a t such s torage r e n t shal l be payable
a t least once in every twelve m o n t h s and if it be no t paid it shall be lawful for t h e Super in tendent or Chief Execu t ive Officer of said distr ict to cause any gunpowder for which t h e same shall be due to be sold by publ ic auc t ion in order to defray t h e storage ren t of same and also of t h e necessary expenses incur red in repa i r ing t h e packages in which it is kep t t h i r t y days not ice be ing first given in t he Port Phillip
Government Gazette pr ior t o every such sale Provided always t h a t no
powder shall be delivered out of such Magaz ine u n t i l all r en t and o the r expenses shal l be paid and provided tha t a n y balance r ema in ing after the paymen t of such s torage ren t and expenses of repairs shall be paid to t h e impor ter or propr ie tor of such gunpowder .
15. A n d be i t enacted Tha t t h e impor te r or owner of such
gunpowder shall be held l iable for t h e paymen t of s torage ren t and all o ther expenses u n t i l the transfer in the proper ty of such powder has been duly notified and registered.
1(5. A n d be i t enacted Tha t if any person who shall impor t any gunpowder in to t h e said P o r t of Me lbou rne or who shall be the proprietor of any such gunpowder or if any o ther person or persons shal l land or cause to be landed or removed any gunpowder otherwise* t h a n is provided for by th is Act any person be ing convicted thereof shall forfeit t he s u m of five pounds for each a n d every barre l or package t h a t shall be landed or removed other t h a n as aforesaid.
17. A n d be i t enacted Tha t all paymen t s made for t h e s torage of gunpowder and all fines and penal t ies imposed under and by v i r tue of th i s Ac t shall be paid to H e r Majesty Tier He i r s and Successors to and for t he publ ic uses of the said Colony and in. suppor t of t he Gove rnmen t thereof in such m a n n e r as may from t ime to t ime be directed by any Ac t of t h e said Governor and Legislat ive Counci l .
I S . A n d be it enacted Tha t no s team vessel engaged in the
coast ing or colonial t r ade of the* said district shall carry gunpowder
ei ther as stores or cargo and the mas te r or owner of any s team vessel
on
on board which any gunpowder m a y be found con t ra ry to t h e provisions of th i s A c t shal l forfeit and pay for every such offence any s u m no t exceeding fifty pounds nor less t h a n t en pounds Provided t h a t no th ing here in conta ined shall p reven t or be construed to p reven t any s team vessel bound to any por t or por t s beyond seas to carry any such reasonable quan t i t y of gunpowder as m a y be requi red for#the purpose
of m a k i n g signals . 19. A n d be i t enacted Tha t no person or persons be ing a dealer or dealers in gunpowder shal l have or keep wi th in any town in t he said distr ict a t any one t i m e more t h a n two h u n d r e d weight of gunpowder a n d not being such dealer or dealers more t h a n one h u n d r e d weight of gunpowder in any house s torehouse warehouse shop cellar ya rd whar f or any o ther bu i ld ing or place occupied by the same person or persons on pa in of forfeiting all t h e gunpowder beyond the q u a n t i t y hereby allowed to be kep t and t h e barre ls in which such gunpowder shall be and also t he s u m of two shil l ings for every pound of gunpowder beyond such allowed quan t i ty .
20. A n d for t h e more easy discovery of t he keep ing and carr iage of gunpowder cont rary to t he provisions hereinbefore contained l ie it enacted T h a t it shall be lawful for any Jus t i ce of t h e Peace wi th in t h e said distr ict on demand m a d e and a reasonable cause assigned upon oa th by any person or persons to issue a w a r r a n t or w a r r a n t s u n d e r his h a n d for searching in the day t i m e a n y house s torehouse warehouse shop cellar ya rd wharf or o ther bu i ld ing or place in which gunpowder is suspected to be k e p t con t ra ry to th i s Ac t and t h a t all gunpowder found upon search to be kep t cont ra ry to th i s A c t and also t he gunpowder bar re l s shal l be immedia te ly seized by t h e searcher or searchers who shal l wi th all convenient speed after t he seizure remove t h e same to such proper places as they in conformity wi th t h e restr ic t ions of th i s A c t shal l t h i n k fit and m a y detain such gunpowder and t h e bar re l s con ta in ing t h e same u n t i l i t shall be adjudged on a hea r ing before any two or more of such Jus t i ces whe ther t he same shall be for feited and such searcher or searchers seizer or seizers shall no t be l iable t o any sui t for such deta iner or for any loss or damage which m a y happen to t h e said gunpowder or barre ls o ther t h a n by wilful ac ts or neglects
of t h e m or t he persons wi th w h o m t h e y shall t r u s t t h e keep ing thereof.
2 1 . A n d be i t enacted T h a t all penal t ies enacted by th is A c t
shal l be recoverable in a s u m m a r y way before two or more Jus t i ces of t h e Peace wi th in t he said Dis t r i c t of P o r t Phi l l ip on proof of t h e
offence on the oa th or oaths of one or more credible witness or witnesses or on t h e confession of t h e offender and where t he pena l ty shal l
be pecuniary in case of non -paymen t i t shall be levied by distress a n d
sale of t h e offender's goods and chat te ls by w a r r a n t under t h e h a n d s and seals of such Jus t i ces a n d the overplus of t h e money ra ised after deduc t ing t h e pena l ty and t h e expenses of t he distress and sale shal l be rendered to the owner a n d for w a n t of sufficient distress t he offen der shal l be sent by such Jus t i ces to t he house of correct ion t he r e to be kep t t o ha rd labor for any t e r m n o t exceeding th ree m o n t h s n o r less
t h a n one m o n t h as such Jus t ices shal l t h i n k most proper . 22. Provided always and be i t enacted Tha t th i s A c t shal l no t
extend to t h e keep ing of gunpowder a t any s torehouse or magazinebe longing to H e r Majesty H e r H e i r s or Successors or t o t h e carr iage
of gunpowder to or from t h e Queen ' s Magaz ines u n d e r a special and
express order of H i s Exce l lency the Governor or A c t i n g Governor for
t he t ime be ing or t he Super in t enden t of said distr ict .
23 . A n d be i t enacted Tha t th i s A c t shal l commence and t ake
effect on t he first day of J u l y one t housand e igh t h u n d r e d and forty- eight .
SCHEDULE
S C H E D U L E R E F E R R E D TO.
Rates of Storage.
s. d.
For each and every barrel or package containing not more than 12-J-lbs. of gunpow
der fur any period not exceeding six weeks . . . . . . . . . . . . . . . 0 0~i
For each and every barrel or package containing not more than 12i lbs . of gunpow
der for any period above six weeks per week. . . . . . . . . . . . . . . 0 0 |
For each and every barrel or package containing not more than 251bs. of gunpow
der for any period not exceeding six weeks . . . . . . . . . . . . . . . 0
For each and every barrel or package containing not more than 251bs. of gunpow
der above six weeks per week.. . . . . . . . . . . . . . . . . . . . 0 OA
For each and every barrel or package containing more than 25Ibs. and not more
than 50fts. of gunpowder for any period not exceeding six weeks . . . . . . 0 (i
For each and every barrel or package containing more than 251bs. and not more
than 50tbs. of gunpowder for any period above six weeks per week. . . . . . (I 1
For each and every barrel or package containing more than 501bs. and not more
than lOOtbs. of gunpowder for any period not exceeding six weeks. . . . . . 1 0
For each and every barrel or package containing more than 501bs. and not more
than lOOlbs. of gunpowder for any period above six weeks per week . . . I) 2
For each and every barrel or package containing more than lOOlbs. of gunpowder
for any period not exceeding six weeks . . . . . . . . . . . . . . . 2 0
For each and every barrel or package containing more than lOOlbs. of gunpowder
for any period above six weeks per week . . . . . . . . . . . . . . . 0 -1
0
0
0