GUNPOWDER STORAGE ORDINANCE, 1867

GUNPOWDER STORAGE ORDINANCE, 1867

ORDINANCE No. 4 of 1867.

Gunpowder Storage.

1. This Ordinance may be cited for all purposes as 'The Gunpowder Storage
Ordinance 1867.'

2. This Ordinance shall commence and take effect on such day as shall
hereafter
be fixed by proclamation under the hand of the Governor.

3. Section 4 of Ordinance No. 1 of 1848 and section 12 of Ordinance No. 1
of
1862, shall be and the same hereby are repealed, and the provisions of
the other sections
.of Ordinance No. 1 of 1848 shall be held to extend to gunpowder of every
kind and
description whatsoever anything in the said Ordinance to the contrary
notwithstanding.

4. The Governor is hereby empowered to provide at the expense of the
Colony, Vessels to be
provided for
one or more vessel or vessels for the storage of gunpowder, and no
gunpowder arriving storage of
gunpowder;
in this Colony shall be stored in any other place than such vessel or
vessels except as
provided by section 13 and subject to the observance of the rules and
regulations to be
made under section 16 of this Ordinance.

5. Such vessel or vessels shall for the purposes of this Ordinance be
termed a
Government dep6t or Government depots for the storage of gunpowder and
shall be
under the control and management of the Harbor Master, subject to such
orders as
may from time to time be received from the Governor; and such vessel or
vessels
shall lie fitted and manned in such manner as the Harbor Master with the
approval of
the Governor shall deem expedient.

6. The master of every vessel arriving in this Colony and having on board
thereof
any quantity, of gunpowder exceeding two hundred lbs. shall immediately
upon the
arrival thereof, furnish the harbor master with a copy of the manifest of
such gun.
powder, the marks of all tile packages wherein such gunpowder shall be
contained, and

Short title.

Commencement
of Ordinance.

Repeal of
section 12 of
Ordinance No.
1 of 1882, and
application of
other sect-tons.

the names of the consignees of such gunpowder if he shall know the same.

7. The master of every such vessel as in the last preceding section
mentioned
shall as soon as possible take the same to tile place which shall be
pointed out to him
by the Harbor Master and the said vessel shall not be removed therefrom
without the
permission in writing of the Harbor Master.

$. When any quantity of gunpowder exceeding two hundred tbs. is about to
be
.conveyed out of the Colony tile master of the vessel about to convey the
same shall,
on producing the written authority of the owners thereof, receive from
the Harbor
Master a permit to take on board the packages mentioned in such authority
and the
master of such vessel shall thereupon move the same into such anchorage
as the Harbor
Master may deem expedient and from each anchorage the master of such
vessel shall
not remove the same except for the purpose of proceeding on his voyage or
for some
.other sufficient cause to be approved by the Harbor Master. _ .

9. The master of every vessel having on board more than two hundred tbs.
of
.gunpowder or whilst engaged in the transhipment of any quantity shall
exhibit at the
lligItlest masthead, a red flag.

To be termed
Government
dep8t for the
storage of
gnapowder,

Master of vosaelv,

having upwards
of two hundred -
tbs. of powderon
board to furnish'
Harbour Master
with particulars
immediately.

Master of such
vessel to take
same to specified
place and there
remain until he
have permi&aion
to leave.

bfede rf pro-
ceeding when
gunpowder to to
be exported.

Masters having
more thin two
hundred tbs. of
gunpowder on
beard to exhibit
a flag, also when
transipping thb
same. ,,
ORDINANCE No. 4 41867.

Gunpowder Storage.

No gunpowder to 10. It shall not be lawful for the master of any vessel to
tranship any gunpowder
he transhipped at
night. between the hours of 6 P.m. and 6 A.M. from October to March
inclusive nor between
the hours of 7 P.m. and 5 A.M. from April to September inclusive, without
the written

permission of the Harbor Master.

Nn vessel t° 11. It shall not be lawful for the master of any vessel
without the written
anchor within
flue hundred permission of the Harbor Master to anchor such vessel within
five hundred yards of
yards of a
Government
dep8t for storage any Government depot for the storage of gunpowder.
of gunpowder.
No master of a 12. It shall not be lawful for the master of any vessel
having on board gunpowder
no o to nmiwo exceeding in quantity two hundred lbs. to anchor nearer than
five hundred yards of any
hundred Ibx. of
gunpowder on other vessel.
board to anchor
within flue
hundred yards
of any other
vessel.
No person to 1$, It shall not be~lawful for any person without the
permission in writing of the
keep in any
mhouse, store, &c. Governor to heap for guy time however short within any
house, store, godown, or other
the. of gun. lace on land a larger of gunpowder than fifteen lbs:
powder. p a quantity o Poworto Jnettces 14. It shall be lawful for any
Justice of the Peace or constable duly authorized
to issue warrants
to search, by warrant of any Justice of the Peace to enter and if
necessary to brook into any

house, store, godown, vessel, or place either on land or water within
which such Justice
of the Peace shall be credibly informed en oath or shall have reasonable
grounds of
Lis own knowledge to suspect and believe that gunpowder is kept or
carried or is on
board of any vessel contrary to the provisions of this Ordinance.

Copyofthfa 15. A copy of this Ordinance shall be delivered to the master
of each vessel
f~r~inanea to 60
delivered to entering the harbor and on neglect to return such copy on
obtaining clearance a fee
master.
of one dollar shall be payable by the master.

Governor la
Council
empowered to
Frame rnloa for
carrylag out
1)rnvisi na of -
Ordinance and
to fl: charges.

18. The Governor in Council is hereby empowered to make rules and
regulations
for the proper carrying out the provisions of this Ordinance including
the storage of
gunpowder on lflnd and to fix and vary from time to time the sums
chargeable for the -
storage of gunpowder as hereinbefore prescribed and every violation or
neglect of any
such rules or regulations shall render the party so offending liable to
the penalties,
imposed by section 18 of this Ordinance for offences against any
provisions thereof.

swnx h°w t° be. 17. The sums charged in respect of such storage shall be
paid monthly by the-
paid and !P not
bpaid recovered. party claiming to be entitled to such gunpowder and in
the event of the same not
being paid within twenty one days after the same shall have become due
and payable
it shall be lawful for the Governor to direct the said gunpowder to be
sold in order to-
defray the expense of storage, and the proceeds thereof after deducting
all Government
charges and the expenses of sale shall be paid to the party who shall
prove himself'
entitled thereto to the satisfaction of the Governor.
trial °f offences 18. Every offence against the provisions o£ this
Ordinance shall be tried in a
under this -
Ordinance, summary way before a Magistrate or before the Marine Magistrate
and every person

who shall violate or refuse or fail to comply with the provisions of this
Ordina~xca
Gunpowder Storage.

shall incur a penalty or fine not exceeding three hundred dollars ,and
not less than
fifty dollars or imprisonment for any period not exceeding six months and
not less than
one month'.
'

19. Nothing in this Ordinance contained shall apply to Her Majesty's
ships of Gso~ernmeni and
war or to the ships of war of any foreign nation, or to hired armed
vessels in Her stores excepted.
Majesty's Service or in the service of any foreign nation or to
Government Naval or
Military stores.

(In force from the 17th June., 1867, wader Proclamation of the 10th June,
1867:
Repealed by Ordinance t\'o. 8 of 18?'9.1

NoTic.-For rules and regulations under this Ordinance.
See Rules &c., 10th June, 1867, gaxetted the 15th of the same mouth.
.See Regulations of 6th May, 1868, gazetted 9th of the same month.
939
Short title.
Commencement of Ordinance.
Repaeal of section 12 of Ordinance No. 1 of 1862, and application of other sections.
Vessels to be provided for storage of gunpowder;
To be termed Government depot for the storage of gunpowder.
Master fo vessel having upwards of two hundred lbs. of powder on board to furnish Harbour Master with particulars immediately.
Master jof such vessel to take same to specified place and there remain until he have permission to leave.
Mode of proceeding when gunpowder is to be exported.
Masters having more than two hundred lbs. of gunpowder on board to exhibit a flag, also when transhipping the same.
940
No gunpowder to be transhipped at night.
No vessel to anchor within five hundred yards of a Government depot for storage of gunpowder.
No master of a vessel having more than two hundred lbs. of gunpowder on board to anchor within five hundred yards of any other vessel.
No person to keep in any house, store, &c. more than fifteen lbs. of gunpowder.
Power to Justices to issue warrants to search.
Cpoy of this Ordinance to be delivered to master.
Governor in Council empowered to frame rules for carrying out provisions of Ordinance and to fix charges.
Sums how to be paid and if not paid how to be recovered.
Trial of offences under this Ordinance.
941
Ships of war and Government stores excepted.

939
Short title.
Commencement of Ordinance.
Repaeal of section 12 of Ordinance No. 1 of 1862, and application of other sections.
Vessels to be provided for storage of gunpowder;
To be termed Government depot for the storage of gunpowder.
Master fo vessel having upwards of two hundred lbs. of powder on board to furnish Harbour Master with particulars immediately.
Master jof such vessel to take same to specified place and there remain until he have permission to leave.
Mode of proceeding when gunpowder is to be exported.
Masters having more than two hundred lbs. of gunpowder on board to exhibit a flag, also when transhipping the same.
940
No gunpowder to be transhipped at night.
No vessel to anchor within five hundred yards of a Government depot for storage of gunpowder.
No master of a vessel having more than two hundred lbs. of gunpowder on board to anchor within five hundred yards of any other vessel.
No person to keep in any house, store, &c. more than fifteen lbs. of gunpowder.
Power to Justices to issue warrants to search.
Cpoy of this Ordinance to be delivered to master.
Governor in Council empowered to frame rules for carrying out provisions of Ordinance and to fix charges.
Sums how to be paid and if not paid how to be recovered.
Trial of offences under this Ordinance.
941
Ships of war and Government stores excepted.

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No. 4 of 1867

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