1890_EXPLOSIVE_SUBSTANCES_ORDINANCE__1872 — Page 3

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Penalty for refusing information and obstructing officer.

[34 & 35, Vic. c. 105, s. 12.] Search for dangerous goods. [34 & 35, Vic. c. 105, s. 13.]

Application of Ordinance to other substances. [34 & 35, Vic. c. 105, s. 14.]

ORDINANCE No. 12 OF 1872.

Explosive Substances.

(1.) That they are kept in separate glass, earthenware or metal vessels or cases each of which contains not more than a pint or pound, and is securely stopped or fastened.

(2.) That the aggregate amount kept supposing the whole contents of the vessels to be in bulk, does not exceed in the case of kerosene oil fifty gallons, and in the case of petroleum and the other articles specified three gallons, or fifteen pounds, except in the case of cartridges where the aggregate weight shall not exceed fifteen pounds of powder.

7. Any dealer who refuses to show to any officer authorized by the Governor every or any place or all or any of the vessels or packages in which goods or articles to which this Ordinance applies in his possession are kept, or to give him such assistance as he may require for examining the same, or who wilfully obstructs any officer so authorized in the execution of this Ordinance shall incur a penalty not exceeding one hundred dollars.

8. Where any Magistrate is satisfied by information on oath that there is reasonable ground to believe that any goods or articles to which this Ordinance applies are being kept, sent, conveyed, or exposed for sale within the Colony in contravention of this Ordinance, at any place, whether a building or not, or in any ship or vehicle, such Magistrate shall grant a warrant by virtue whereof it shall be lawful for any person named in such warrant to enter the place, ship, or vehicle named in such warrant, and every part thereof, and examine the same and search for such goods or articles therein, and if any goods or articles to which this Ordinance applies, be found therein, which are kept, sent, conveyed, or exposed for sale in contravention of this Ordinance, to seize and remove such goods or articles, and the vessels or packages containing the same, and to detain such goods or articles, and vessels or packages until a Magistrate has determined whether the same are or not forfeited, the proceedings for which forfeiture shall be commenced forthwith after the seizure.

Any person seizing any goods or articles to which this Ordinance applies, in pursuance of this section shall not be liable to any suit for detaining the same or for any loss or damage incurred in respect of such goods or articles, other than by any wilful act or neglect while the same are so detained.

Any person who, by himself or by anyone in his employ or acting by his direction or with his consent, refuses or fails to admit into any place occupied by or under the control of such person, any person demanding to enter in pursuance of this section, or in any way obstructs or prevents any such person in or from making any such search, examination, or seizure as authorized by this section, shall be liable to a penalty not exceeding one hundred dollars, and to forfeit all such goods or articles to which this Ordinance applies, which are found in his possession or under his control.

9. The Governor may from time to time make, revoke, and vary orders in Council directing this Ordinance or any part thereof, to apply to any substance, other than those in the first section enumerated, and this Ordinance or the part thereof specified...