shall and may be lawful to deposit and keep saltpetre in any cellar in the city of Philadelphia or incorporated districts of the county: Provided, There shall not be any sugar, molasses, rosin, pitch, tar, turpentine, sulphur, lard, butter linseed oil, whale or olive oil, stored in the same building at the same time.

STORING AND HANDLING GUNPowder and GunCOTTON.

LAWS 1856, P. 137.

MARCH 20, 1856.

AN ACT for the more effectual preservation of life and property from damages by the explosion of gunpowder and guncotton, in the city of Philadelphia.

SEC. 1. Be it enacted, etc.:

That it shall not be lawful for any person or persons to have or keep any quantity of gunpowder or gun cotton in any house, store, shop, building, cellar, or other place within the city of Philadelphia (except in the publle magaziñes, or in a quantity not exceeding two pounds for private use) unless in the manner hereinafter provided.

SEC. 2. That it shall be lawful for the mayor of the city of Philadelphia to grant licenses, under the official seal of said city, to any person or persons desirous to sell gunpowder or gun cotton therein. The person or persons so licensed may have on their premises a quantity of gunpowder or guncotton not exceeding in all twenty-five pounds at ony one time. The person or persons so licensed shall not be protected against any of the penalties or consequences hereinafter provided for violations of this act, except while they have, on some conspicuous part of the front of each of the houses or buildings in which they may be licensed to sell gunpowder or gun cotton under this act a sign on which shall be distinctly painted in letters legible to persons passing such houses or buildings the words, "licensed to sell gunpowder," or "licensed to sell gun cotton," and shall pay into the city treasury the sum cf ve dollars for said license.

SEC. 3. That every carriage used for conveying gunpowder or gun cotton within the city of Philadelphia, in accordance with the provisions of the acts now in force relative thereto, shall in addition to the requirements therein contained, have painted on each side thereof, in letters distinctly legible to all passers by, the word "gun powder," and any failure so to do shall subject the offender or offenders to the penalties herein contained for violations of this act.

ANNOTATIONS.

STORING POWDER AND GUNCOTTON.

MANNER OF STORING POWDER AND GUNCOTTON.

The act of March 20, 1856 (P. L. 137), makes it unlawful to keep any quantity of gunpowder or gun cotton except in public magazines or in quantities not exceeding two pounds, unless in the manner provided in the act.

Wier's Appeal, 74 Pa. St. 230, p. 241.

STORING GUNPOWDER AND AMMUNITION.

LAWS 1864, P. 841.

MAY 5, 1864.

AN ACT to regulate the storage of gunpowder and fixed ammunition, in the city of Philadelphia.

SEC. 1. Be it enacted, etc.:

That for all powder, or fixed ammunition, stored in the State powder magazine, in Philadelphia, the owner shall pay, to the sprutendent, at the fol

lowing rates, to wit: For each keg, of twenty-five pounds, or less, the sum of twelve cents, for any time less than one year; for each barrel, not exceeding in weight one hundred pounds, the sum of forty-eight cents, for any time less than one year; and for fixed ammunition, the following rates: For each package, less than fifty pounds in weight, fifteen cents; from fifty to one hundred pounds, twenty cents; from one hundred to two hundred pounds, thirty cents, and for all packages, over two hundred pounds, forty cents, for any time less than one year: Provided, That no powder, or fixed ammunition, stored by the State, shall be subject to any charge, for storage, by the said superintendent.

ANNOTATIONS.

STORING POWDER.

STORAGE OF POWDER-NUISANCE.

The legislature by this, and by the act conferring general powers upon boroughs, has recognized that the storing of gunpowder in large quantities in thickly settled places is a nuisance to be guarded against by public authority. There is not just ground to draw the inference that a powder magazine or depot of nitroglycerin, or other like explosive material, though not located in a city, or in thickly settled places, might not be enjoined; and the erection of a powder house for the purpose of storing powder may be enjoined. Wier's Appeal, 74 Pa. St. 230, p. 242.

See Dilworth's Appeal, 91 Pa. St. 247, p. 250.

STORAGE OF PETROLEUM.

LAWS 1865, P. 262.

MARCH 2, 1865.

AN ACT for the better security of the city of Philadelphia from dangers, incident to the refining, or improper and negligent storage, of petroleum, benzine, benzole, or naptha.

SEC. 1. Be it enacted, etc.:

That after ninety days from the passage of this act, no petroleum, benzine, benzole, or naptha, shall be refined, or manufactured, within the city of Philadelphia on the eastern side of the River Schuylkill, between Allegheny Avenue and Mifflin Street, excepting thereout the area southward of Washington Street, and between the River Schuylkill and Thirtieth Street, or on the western side of the River Schuylkill, south of Girard Avenue, and east of Fortythird Street; nor shall the same be kept, or stored, in any building, or other premises, within such limits, in any greater quantity, at any one time, than twenty-five barrels of refined petroleum, and one barrel of crude petroleum, and one barrel of benzine, benzole, or naptha, respectively; the said barrels to be kept, or stored, in buildings with cellars of sufficient depth, or in premises properly excavated, or embanked, to prevent any overflow of the fluids therefrom, under forfeiture, as hereinafter directed, of the entire quantity of each and all of said articles of merchandise, that shall be so refined, kept, or stored, contrary to the restrictions of this act.

SEC. 2. That it shall be lawful to refine, manufacture, store, and keep petroleum, benzine, benzole, and naptha, in such quantities as may be desired, in those portions of the city of Philadelphia, east and west of the River Schuylkill, not included within the limits designated in the first section of this act, for prohibition therefrom: Provided, That the same be at least one hundred feet distant from any dwelling, without the written consent of the owner

thereof.

STORAGE OF PETROLEUM-FIRST SUPPLEMENT. LAWS 1865, P. 749.

MARCH 24, 1865.

A SUPPLEMENT to an act for the better security of the city of Philadelphia, from dangers incident to the refining, or improper and negligent storage, of petroleum, benzine, benzole, or naptha, approved March 2, 1865.

SEC. 1. Be it enacted, etc.:

That all persons refining, or manufacturing, depositing, or storing, petroleum, or coal oil, benzine, benzole, or naptha, on the west side of the River Schuyl kill, east of Thirtieth Street, between Arch Street and Bridge Street, and between Chestnut Street and South Street, as authorized by the act to which this is a supplement, shall, besides having on their premises suitable tanks, excava tions, or embankments, to prevent the overflow, or escape, of the oil so refined, stored, or deposited, be required to obtain a license from the mayor of the city of Philadelphia, for which, the sum of ten dollars shall be paid, into the city treasury, and likewise, for the annual renewal thereof, upon due certificate, to be given by the fire marshal, and approved by the mayor, of said city, that such premises are so constructed and arranged as to afford reasonable security from danger, in case of accident, or fire.

SEC. 2. That so much of the first section of the act, to which this is supplementary, as prohibits the refining of petroleum, benzine, benzole, or naptha, within five hundred feet of the east or west side of the river Schuylkill shall not be construed to apply to the Belmont Petroleum Works located on the river road, above the Columbia bridge, in the twenty-fourth ward of the city of Philadelphia.

SEC. 3. That it shall be lawful to refine, manufacture, store, and keep petroleum, benzine, benzole, and naptha, in such quantities as may be desired, in that portion of the said city of Philadelphia, lying south of Dickinson Street, and east of Otsego Street, subject to all the provisions and resrictions of the second section of the act to which this is a supplement.

STORAGE OF PETROLEUM-SECOND SUPPLEMENT. LAWS 1866, P. 742.

APRIL 11, 1866.

A FURTHER SUPPLEMENT to an act for the better security of the city of Philadelphia, from dangers incident to the refining, or improper and negligent storage, of petroleum, benzine, benzole, or naptha, approved March 2, 1865.

SEC. 1. Be it enacted, etc.:

That those persons now engaged in the business of refining petroleum, within the limits prescribed by the act, to which this is a further supplement (naming them), shall not be subject to the provisions of said act, to which this is supplementary, until the expiration of nine months from March 2, 1866.

STORAGE OF PETROLEUM-THIRD SUPPLEMENT. LAWS 1867, P. 595.

MARCH 28, 1867.

▲ FURTHER SUPPLEMENT to an act, entitled "An act for the better security of the city of Philadelphia from dangers incident to the refining or improper and negligent storage of petroleum, benzine, or naptha," approved March 2, A. D. 1865, construing the same.

SEC. 1. Be it enacted, etc.:

. That so much of the act, to which this is a supplement, as prohibits the refining of petroleum, benzine, benzole, or naptha, north of Miffin Street, in the city

of Philadelphia, shall not be construed to apply to works built, and in operation, previous to the passage of this act, south of the north line of Reed Street and east of the east line of Front Street, in the said city, for the period of five years from the passage of this act.

STORAGE OF PETROLEUM-FOURTH SUPPLEMENT. LAWS 1871, P. 1053.

MAY 23, 1871.

AN ACT supplementary to an act relative to the manufacture and storage of petroleum in the city of Philadelphia, approved March 24, 1865, and to extend the boundaries of the same.

SEC. 1. Be it enacted, etc.:

That the boundaries for the manufacture and the storage of petroleum, benzine, benzole, or naptha, be and are hereby extended north to Moore Street, between Twenty-fourth Street and Twenty-fifth Street, in the Twenty-sixth ward of the city of Philadelphia; all acts to the contrary notwithstanding are hereby repealed.

STORING POWDER-TREVERTON.

LAWS 1865. P. 593.

MARCH 23, 1865.

AN ACT to prevent the storing of gunpowder in the borough of Treverton, Northumberland County.

SEC. 1. Be it enacted, etc.:

That from and after the passage of this act it shall not be lawful for any person, or persons, to store blasting, or gunpowder within the limits of the borough of Treverton, Northumberland County; and any person, or persons, so offending shall be liable to a fine, not to exceed one hundred dollars, for each and every offence, so committed, to be sued for and collected, as other similar fines are now, by law, collected; one-half to go to the informer, and the other half, to the school fund of said borough.

STORAGE OF PETROLEUM-CITY OF READING.

LAWS 1866, P. 748.

APRIL 11, 1866.

AN ACT for the better security of the city of Reading from dangers incident to the improper and negligent storage of petroleum, benzine, benzole, or naptha.

SEC. 1. Be it enacted, etc.:

That after the period of thirty days from the passage of this act it shall not be lawful for any merchant or other person, or persons, within the city of Reading, to keep in his storehouse, building, or other premises, in any great quantity, at any one time, than ten barrels of refined petroleum and one barrel of crude petroleum, and one barrel benzine, benzole, or naptha, respectively; the said barrels to be kept or stored in buildings with cellars of sufficient depth, or in premises properly excavated or embanked, to prevent any overflow of the fluids therefrom, under forfeiture, as hereafter directed, of the entire quantity of each and all of the said articles of merchandise that shall be so refined, kept, or stored, contrary to the restrictions of this act.

125672°-20

LAWS 1874, P. 116.

SALE OF POWDER MAGAZINE.

APRIL 29, 1874.

AN ACT for the abandonment and discontinuance of the use and possession of the State powder magazine in the city of Philadelphia, and authorizing and empowering the sale of the property purchased for the erection of another magazine.

SEC. 1. Be it enacted, etc.:

That so much of the first section of the act of assembly, approved March 20, 1856, entitled "An act for the more effectual preservation of life and property from damages by the explosion of gunpowder and guncotton in the city of Philadelphia," as reads "except in the public magazine," be and the same is hereby repealed.

SEC. 2. That twelve months from the date of the passage of this act, the possession of the premises situate on Magazine Lane, near a branch of the Pennsylvania Railroad, in the city of Philadelphia, now used and occupied as a State powder magazine, be surrendered and delivered 'to the owner thereof; that the lease therefor be cancelled and annulled, and that the office of superintendent or keeper thereof be thereafter discontinued.

SEC. 3. That so much of the act of assembly, approved April 20, 1858, entitled "An act for the removal of the State powder magazine from the city of Philadelphia" as is now in force and operation, be and the same is hereby repealed. (Sale authorized.)

*

TRANSPORTATION OF EXPLOSIVES.

LAWS 1874, P. 121.

MAY 6, 1874.

AN ACT relating to the transportation of explosive or dangerous material. SEC. 1. Be it enacted, etc.:

That if any person shall knowingly deliver, or cause to be delivered to any canal, railroad, steamboat or other transportation company, or to any person, firm or corporation engaged in the business of transportation, any nitroglycer ine, dualin, dynamite, gunpowder, mining or blasting powder, guncotton, phosphorus, or other explosive material adopted for blasting, or for any other purpose for which the articles before mentioned, or any of them may be used, under any false or deceptive invoice or description, or without informing such person, firm or corporation in writing, at or before the time when such delivery is made, of the true nature of such, and without having the keg, barrel, can or package containing the same plainly marked with the name of the explosive material therein contained, together with the word " dangerous" article, such person shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to imprisonment for thirty days, and to pay a fine of one hundred dollars, and shall be responsible for all damages to persons or property, directly or indirectly, resulting from the explosion or combustion of any such article.

SEC. 2. It shall and may be lawful for any officer or agent of any person, firm or corporation engaged in the business of transportation, upon affidavit made of the fact that any package tendered for transportation, not in compliance with the provisions of the first section hereof, is believed to contain explosive material such as aforesaid, to require such package to be opened, and to refuse to receive any such package unless such requirement be complied with; and if such package be opened, and found to contain any explosive material, the said package and its contents shall be forthwith removed to any lawful place for the storing of gunpowder; and after conviction of the offender,