MILITARY STORES (EXPORTATION) ORDINANCE, 1862

MILITARY STORES (EXPORTATION) ORDINANCE, 1862

No. 1 of 1862.
An Ordlinance to authorise the Governor by to proclamation to
prohibit the exportation of military stores and other
articles.
[17th March, 1862.]

WHEREAS it is desirable to vest in the Governor poiver to prohibit the
exportation of military stores and otlier articles and goods, subject
to such provisions as are, hereinafter expressed:-

1. This Ordinance may be cited as the Military Stores
(Exportation) Ordinance, 1862.

1A. In this Ordinance to export ', means to Carry out
of the Colony or to cause to be carried out of the Colony,
and includes the carriage out of the Colony of things which
were carried into- the Colony by water and which are, with-
out transhipment into any other vessel, carried out of the
Colony on the same vessel on which they were carried into
the Colony.

As amended by Law Rev. Ord., 1923.
As amended by No. 19 of 1914 and Law Rev. Ord., 1923. Revenue officers
may arrest without warrant in respect of offences against the, provisions of
this Ordinanee. See No. 2 of 1917.
+ As amended by No. 19 of 1914.
As amended by No. 3 of 1915 and Law Rev. Ord., 1923.


2.-(1) It shall be lawful for the governor with the
advice of the Executive Council, by proclamation, to prohibit,
for such period as may be therin mentioned, either to be
exported from the Colony or to be carried coastwise within
the Colony, arims, ammunition, and gunpowder, military and
naval stores, and any articles which the Governor may judge
capable of being converted into or made useful in increasing
the quantity of military of naval stores, provisions , or any
sort of victual which may be used as food by man, or any
or iether of such arms, ammunition, gunpowder, stores,
goods, or articles respectively.

(2) In case any such arms, ammunition, gunpowder, stores,
goods, or articles which have been so prohibited are or is
exported from the Colony or are or is carried coastwise, or
are or is waterborne to be so exported or carried, they or it
shall be forfieted, and forthwith it shall be the duty of the
Harbour Master by warrant under his hand and seal, on his
own view or on an information made upon oath before a
magistrate, to cause all such goods and articles so hereinbe-
fore declared forfeited to be seized, and to detain the same
to be disposed of as the Governor may, by order under his
hand and seal, direct.

3.-(1) It shall be lawful for the Governor, with the
advice of the Executive Council, by proclamation, to prohibit,
for such period as may be therein mentioned, the exporta-
tion of all or any of the following articles, namely: arms,
ammunition, military and naval stores, and any articel which
the Governor shall judge capable of being converted into or
made useful in increasing the quantity of arms, ammunition,
or military or naval sotes, to any country or place therein
named, whenever the Governor with the advice aforesaid
shall judge such prohibition to be expedient in order
to prevent such arms, ammunition, or military or naval
stores, being used against His Majesty's subjects or forces,
or against any forces engaged or which may be engaged in
military or naval operations in cooperation with His Majesty's
forces.

(2) In case any such arms, ammunition, stores, goods, or
articles which have been so prohibited are or is exported to
the country of place named in any such proclamation, or are
or is waterborne to be so exported, they or it shall be for-

* As amended by No. 19 of 1914 and Law Am. Ord., 1923.




feited and forthwith it shall be the duty of the Harbour
Master by warrant under his hand and seal, on his own view
or on an information made upon oath before a magistrate, to
cause all such goods and articles so hereinbefore declared
forfeited to be seized, and to detain the same to be disposed
of as the Governor may, by order under his hand and seal,
direct.

4.-(1) The Governor may whilst any such proclamation
is in force, permit to be exported or to be carried coastwise,
or to be waterbrone to be so exported or carried, any parti-
cular articles or class of articles, the export of which is pro-
hibited by such proclamation, to such persons and on such
terms and subject to such conditions and regulations, if any,
as to the Governor may seem fit, and may at any time revoke
or vary the terms of any such permission.

(2) Whilst any such permission is in force, it shall be
lawful to exprot the articles so permitted to be exported,
subject and according to the terms, conditions, and regula-
tions of such permission.

5. The Harbour Master shall not be liable in damages or
otherwise for any act done by him in pursuance of the duty
imposed on him by this Ordinance, and in case the Governor
directs the disosition of any goods or article which have or
has been seized by the Harbour Master, such direction shall
be conclusive evidence that the act done by the Harbour
Master is within the duty imposed on him by this
Ordinance.

6. Every person who shall export or attempt to eexport
any thing or article in contravention of any proclamation
made in whole or part under this Ordinance, or made in
whole or part under the powers conferred by sub-clause 9 of
clause III of the Order of Her late Majesty Queen Victoria in
Council of the 26th day of OCtober, 1896, as amended by the
Order of His Majesty in Council of the 28th day of August,
1914, shall be deemed to be guilty of a misdemeanor and
shall be liable upon conviction either summarily or on in-
dictment to imprisonment for any term not exceeding twelve
months and to a fine not exceeding five thousand dolars.


* As amended by No. 19 of 1914.

+ As amended by No. 3 of 1915 and Law Rev. Ord., 1923.











[Originally No. 3 of 1862. No. 19 of 1914. No. 3 of 1915. Law Rev. Ord., 1924.] Short title. Interpretation. Power to Governor by proclamation to prohibit exportation of military stores. Power to prohibit exportation of arms, etc., to particular place. [63 & 64 Vict.c. 44 s. 1.] Power to Governor to relax provisions of proclamation. Protection of Harbour Master for act done under the Ordinance. Penalty for act prohibited by proclamation.

[Originally No. 3 of 1862. No. 19 of 1914. No. 3 of 1915. Law Rev. Ord., 1924.] Short title. Interpretation. Power to Governor by proclamation to prohibit exportation of military stores. Power to prohibit exportation of arms, etc., to particular place. [63 & 64 Vict.c. 44 s. 1.] Power to Governor to relax provisions of proclamation. Protection of Harbour Master for act done under the Ordinance. Penalty for act prohibited by proclamation.

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1923

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No. 1 of 1862

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