Page:Ruffhead - The Statutes at Large - vol 7.djvu/211

 A. D. 1749. Anno vlceilmo fecundo Georgii IL C, 38. 167 king, dealing or trading in Gunpowder, or having Gunpowder in his, her or their Keeping or PolTcffion, e".t° i(i"« inanVtioufe, Storehoufe, Warehoufe, Shop, Cellar or other Place, ihall refide, upon Demand made, and ^'='"^ '^■"■- ' a reafonable Caufe affigned for iuch Demand, by any Pari(h Officer, or by any two or more Houfliolders ""''' ' inhabiting within any Parifli or Place, v/herein fuch Gunpowder is fo kept, to iffue a Warrant or Warrants tor fcarclnng, in the Day-time, fuch Houle, Storehoufe, Warehoufe, Shop, Cellar or other Place ; and for that Purpofe to break open the Door of fuch Houfe, Storehoufe, Warehoufe, Shop, Cellar or other Place, if there ihall be Occafion ; and if upon any fuch Search more than four hundred Pounds Weight of Gun- andifiherediaU powder fhall be found in any Houfe, Storehoufe, Warehoufe, Shop, Cellar or o:her Place, in any City, or be any greater Suburbs thereof, or in any Market Town, or within one hundred Yards Diftance thereof, or within two [h^'"J-jn'^ '""be'* Miles of any of the King's Palaces or Houfes of Refidence, or within one Mile of any of the King's Ma- fo,"fj[t1!7. '" gazines for keeping Gunpowder, oT more than thirty hundred Pounds Weight in any other Place (except as herein after is excepted] all fuch Gunpowder exceeding the refpeftive Quantities before-mentioned, fliall be feized and forfeited to any Perfon or Perfons who will inform and fue for the fame, by any Aclion, Bill or Information, in any of his Majefty's Courts of Record at Wejimlnfter which Courts are hereby im- powered and required to give Judgment in fjch Adions, Bills or Informations to be brought upon this A61 for the Recovery of fuch Gunpowder in Specie, or for the Value thereof, together with full Coils, and to Full Cofts. award efFefiual Execution thereon; provided fuch Suitor A6lion be commenced within three Calendar Limitation of Months next after fuch Forfeiture or Penalty fhall be incurred, and (hall be profecuted v/ithout wilful De- Aftioiis, lay ; and upon fuch Seizure it fhall and may be lawful for the Searchers or Perfons finding the fame, to re- UponSeizurethe move, or caufe fuch Gunpowdej fo feized to be removed out of the Limits aforefaid, and to detain and keep Gunpowder may the fame until it fhall be determined in one of his Majefty's Courts of Record at JVeJiminfter,^ whether the b= amoved, &c. fame fhall be forfeited by virtue of this Aft ; and the Perfon or Perfons fo feizing or detaining the fame, fhall not be fubjeft: or liable to any Adion or Suit for fo feizing or detaining the fame, other than for any Damage which fuch Gunpowder fhall or may receive during the Time the fame fliall be fo detained. III. And for preventing Mifchiefs which may happen from conveying great Quantities of Gunpowder from one Place to another. Be it ena£ted by the Authority aforefaid. That from and after the faid twenty- NogreaterQuan- fourth Day of Jime one thoufand feven hundred and forty-nine, it fhall not be lawful for any Perfon or tity than 15 c. Perfons to convey, at any one Time, in any Waggon Cart or other Carriage, within that Part of Great^^-^'^^'^'^^"}^^ Britain called England, a greater Quantity of Gunpowder than twenty-frve hundred Pounds Weight ; nor " ='"7 0"<=7"n« /I Ti n r IT r ^ -T" • D rj Tr n- i '" any Land ihall any Perfon or Perions carry or convey, at any one lime, m any open Barge, Boat or Vellel, upon Caniaue • any River, within the Difirance of one Mile from any City or Market Town, a greater Quantity of Gun- nor greater than powder than fifty hundred Pounds Weight ; and all iuch Gunpowder, which fliall be carried or conveyed s^ C. Vt. in any Waggon, Cart or other Carriage, after the Time aforefaid, fhall be carried in covered C:;rts and Car- '" ^^^ "^P'" riages, and the Barrels in which fuch Gunpowder is carried in Waggons, Carts or Carriages, Barges, Boats '^iX.'r ■■ or VeiTcls, fhall be clofe joined and hooped, and fecured in fuch ivianner, as that no Part thereof be feat- to be covered "" tered in the PalTage ; and if any Gunpowder fhall be carried or conveyed in any greater Qrian titles refpec- and the Barrels tively, or in any other Manner than as before directed, all fuch Gunpowder fliall and may be feized by any ^lofe hooped, Perfon or Perfons, and upon due Proof of the Offence made before two or more Juftices of the Peace, fliall Penalty. be forfeited to the Ufe of the Informer or Informers. - IV. And be it further enafted by the Authority aforefaid. That from and after the faid twenty-fourtH Day Penal 7 of Cars- of Jane one thoufand feven hundred and forty nine, if any Perfon or Perfons, who fliall be employed in any ^eH'nek in i-'er- Storehoufe or Warehoufe where Gunpowder is kept, or in carrying or conveying Gunpowder from one ^"^^ employed Place to another, fliall wilfully commit any A(S, whereby fuch Gunpowder may be in Danger of taking d'e^'i"-^""'^' '** Fire ; every Perfon fo offending, and being thereof convicted before one or more Juftice or Juftices of the ,n convej'ing" Peace, fliall forfeit and pay to the Informer, immediately on fuch Conviftion, the Sum of five Shillings for the fame, every hundred Pounds Weight of Gunpowder contained in fuch Storehoufe or Warehoufe, or which fuch Perfon fhall be employed in carrying or conveying from one Place to another ; and in cafe of Nonpayment thereof, fhall be committed to the publick Gaol, there to remain without Bail or Mainprize, for any Time not exceeding the Space of fix Calendar Months, as fuch Juftice or Juftices fliall think fit. V. Provided always, That this Aft, or any thing herein contained, fhj.ll not extend, or be conftrued to P!a-", &.;, extend to any Storehoufe or Magazine belonging to his R/Iajefty, his Heirs or Succeflbrs, wherein Gun- ^^™"^'^" powder or other Stores fliall be kept, or to hinder the proving or trying Gunpowder for his Majelly's Of- ficers, as is ufual for the Service of his A'lajefty, his Heirs or Succeffors, or to the carrying of Gunpowder to or from any of his Majefty's Magazines, or with Forces on their March, or to any Mills already built and iifed for the making of Gunpowder, or to any Storehoufes, Warchoufes or other OiBces near or adjoinin"- to fuc'n Mills, or to the Magazines now erefted for keeping Gunpowder at Bark'in Creek's Mouth, in the County of EJJ'ex, and Erith Level in the County of Kent^ or to the Magazines or Warehoufes now erefted near Liverpool in the County oi Lancajier. ' VI. And whereas it may be necefiary hereafter to ereft Warehoufes for keeping Gunpowder in Places ' fuch Warehoufes, may be liable to Aftions or Difturbance on that Account,' Be it enafted by the Autho- rity aforefaid, That the Juftices of the Peace for eacli County, Riding or Divifion, within that Part of '<='"^-5-''^:"3 .G^reat Britain called England, fhall, at their General Qj^iarter-Seffions of the Peace to he holden for the faid g"" TdT "■' .Counties, Ridings or Divifions refpeitively, upon Application made to them for that Purpofe, appoint pro- ercft-ne Ware- per and convenient Plots of Ground, at the Diftance of two Miles from any City or Pv^arket Town, not ex- ho^fcs to.- Gun- iceeding two Acres in any one Place, with the Ufe of convenient Roads leading- thereto ; on which Plots of ?»«'''='■ 5 Ground fo appointed, it fliall and maybe lawful for any Perfon or Perfons defirous fo to do, to ereft Ware- houfes for keeping Gunpowder in any Quantity, firft agreeing with the Owners and Proprietors of the faid,. Grounds for the fame ; and in cafe any iuch Owner or Proprietor fliall refufe or neglcft to agree, or by rea- Dil-c^ence &c hn of any Difability or Impediment cannot fo agree, the Juftices of tz Peace for the County, Riding, Di- appohu z]my vifiou
 * remote from Cities and Tov-Jns ; but forafmuch as the Perfon or Perfons,- who may be defirous to ereft