the-ordinances-of-the-legislative-counci-1890 — Page 264

228 ORDINANCE No. 1 OF 1848.


Gunpowder.


the town, nor in the formation of gunpowder, within the harbour or town of Victoria,
beyond those
limits without or within two miles of the latter place, or within half- a -mile of any
a licence.
public road ; and that any person so making or causing to be made such
gunpowder or brimstone within the limits aforesaid , shall be liable for
any such offence to pay a fine not exceeding five hundred dollars , and

in default of payment of such fine, to imprisonment in one of Her
Majesty's gaols for any period not exceeding six calendar months , and

that such gunpowder or brimstone shall be forfeited to the Crown :
Provided always, that it shall and may be lawful to and for any person
to manufacture and make such gunpowder or brimstone without the
limits aforesaid, on having and obtaining a licence in writing for such
purpose from the Colonial Secretary of the said Colony, who, it is
hereby declared, shall have it in his discretion to refuse the issuing of
such licence, if not satisfied as to the character of the applicant for the
same, or the probable purposes to which such gunpowder may be applied.

Ordinance 2. And be it further enacted and ordained, that nothing in this
not to extend
to gunpowder Ordinance contained shall be held to extend to gunpowder imported from
imported
from Europe ; Europe ; and that no person shall have or keep in or upon his house or
and no
to have in his premises within the said Colony, at any one time , any quantity of gun
possession
more than powder exceeding in weight two pounds, if the same be not imported
two pounds
of native from Europe, without first having had and obtained a licence for that
powder with
out a licence. purpose, to be procurable as is hereafter provided ; and that every

unlicensed person knowingly having in or upon his house or premises such
excess of unimported gunpowder shall, on due conviction, be liable to a

penalty not exceeding fifty dollars for every such offence , or, in default
of payment of the said penalty, to imprisonment in one of Her Majesty's
gaols within the said Colony for a period not exceeding three calendar
months ; and it is hereby declared that it shall be incumbent on every

unlicensed person, having such an excess of gunpowder so in his pos
session, to adduce reasonable evidence that the same has been imported
from Europe, or that the same has not been manufactured in China, the
proof of which fact shall be deemed equivalent to the proof of such im
portation in all proceedings under this Ordinance.

Fireworks. 3. And be it further enacted and ordained , that the provisions of

the preceding section shall extend to and include gunpowder made up

into any manner of firework, except into crackers, commonly known by
the name of Chinese crackers.