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shillings for every pound weight of the said pounds weight of gunpowder, to be distributed according to the form, &c.

How and in what quantities manufactured.] No person shall, for the making of gunpowder, use any mill or engine worked with a pestle, commonly called a pestle mill, on pain of forfeiting all gunpowder manufactured therein, and two shillings for each pound thereof. Id. s. 2.

No person shall, in any mill or engine, make at one time, under any single pair of millstones, any quantity of gunpowder or materials to be made into gunpowder, exceeding 40lbs., on pain of forfeiting all above 40lbs., and two shillings for each pound. Id. s. 3.

No person shall dry, in any one store or place used for the drying of gunpowder, any quantity exceeding 40lbs. on pain of forfeiting all above that weight, and two shillings for each pound. Id. s. 6.

No person shall keep in any corning house, drying house, dusting house, or other place used in making gunpowder, or in any building adjoining or belonging thereto, (except magazines or storehouses constructed with stone or brick, and situated fifty yards at least from the gunpowder mill,) any greater quantity of gunpowder than shall be necessary for the immediate work then carrying on in such house or place, on pain of forfeiting all the gunpowder above such necessary quantity, and two shillings for each pound. Id. s. 7.

Convictions on these sections as in ordinary cases :-On-, at for the making of gunpowder there, did unlawfully use a certain mill, then and there worked with a pestle, and commonly called a pestle mill, [or as the offence may be]; against the form, &c. as in the last form.

Manufacturers to have magazines.] Every person keeping or using any mill or engine for making gunpowder, shall, besides the magazines or storehouses near his mills, have a good and sufficient magazine remote from his mill, for the purpose of receiving and safe keeping all the gunpowder made at such mill, as soon as the same can conveniently be removed thereto, (which last mentioned magazine shall be built with brick or stone near the river Thames and below Blackwall, or in some other place, to be licensed by the justices as hereinafter mentioned): on pain of forfeiting 251. for every month during which he shall make gunpowder without having such magazine, and 51. for every day during which he (not being hindered by stress of weather or other just impediment) shall wilfully neglect or delay removing with due diligence the gunpowder made at such mill from thence, or from the magazine or storehouse adjoining thereto, to the magazine to be situate remote from the mill. Id. s. 8.

And the justices at sessions may grant such licence to have magazines for keeping unlimited quantities of gunpowder, in places where there are no mills, not being within London of Westminster, or certain other limits mentioned in the Act; Id. s. 13, unul ser s. 16; or if they refuse it, they shall upon appli estion, state a case for the opinion of the court of Queen's Bench, together with the proofs offered for or against the application. Id, s. 14.

The conviction in this case may readily be framed from the form, ante, p. 595.

Charcoal, where to be hept.] Every maker of gunpowder, who shall keep or permit to be kept any charcoal within twenty yards of any mill or other engine for making gunpowder, or of any drying, corning, or dusting house, or magazine or storehouse thereunto belonging, shall forfeit 51. for every week during which it shall be so kept. Id. 9. 10.

2. Having or carrying Gunpowder in large quantities,

Dealers or others having more than a certain quantity.] No person being a dealer in gunpowder, shall keep at any one time more than 200lbs, weight of gunpowder, or not being a dealer, more than 50lbs., in any house, mill, magazine, storehouse, warehouse, shop, cellar, yard, wharf, or other building or place occupied by him (all buildings or places adjoining each other being deemed one house within the Act), or on any river, OF ofer water, fexcept in ships, boats, or vessels loading or une loading, or passing on any river or other water, or detained there by the tile or bad weather,) within the cities of London or Westminster, or within three miles thereof; or within any other raty, borough, or market town, or one mile thereof, or within two miles of any palace or house of residence of the King, or any of the King's gunpowder magazines; or within balf a mile of any parish church, or in any other part of Great Britain, except in mills or other places at the commencement of this Art used for the making of gunpowder, and in the places where it shall be lawful to make gunpowder, orto keep greater or unitoited quantifies of gunpowder by force of this Act: on pain of forfeiting all beyond the quantity hereby allowed to be kept, and the barrels in which the same shall be, and also two shillings for every pound beyond such allowed quantity. Id. s. 11. The conviction may readily be framed from the form ante, B. 595. New It. v. Mullers, 1 B. & A. 362.

It is provided, however, that 200lbs, weight may be kept in * magazine or warehouse, for the use of any mine or colliery, so as the same be within 200 yards of such mins or colliery, and not within any of the limits above mentioned. 14, 8, 12,

Carrying more than a certain quantity.] No person shall carry at any one time more than 25 barrels of gunpowder in any waggon, cart, or other carriage by land; or more than 200 barrels in any barge, boat, or other vessel by water, except in vessels with gunpowder imported from, or to be exported to any place, or going coastwise; and the barrels in which it shall be carried shall be close jointed and hooped, without any iron about them, and so secured that no part of the gunpowder be scattered in the passage; and each barrel shall contain no more than 100lbs. of gunpowder: and, when conveyed by land, shall be entirely closed in a leather bag, or a bag commonly called a saltpetre bag; and every carriage in which gunpowder shall be conveyed by land, shall have a complete covering of wood, painted cloth, tarpaulin, or wadmill tilts over all the gunpowder therein contained; also no gunpowder shall be conveyed in any barge, boat, or other vessel by water (except in vessels for importation or exportation, or going coastwise as aforesaid) that hath not a close deck; and as soon as any gunpowder is put on board such vessel, all such gunpowder shall be covered with raw hides or tarpaulins; and all gunpowder carried in greater quantity or in other manner than is hereinbefore prescribed, and the barrels in which such gunpowder shall be, may be seized by any person, who shall have the same authority to remove such gunpowder and barrels, and for that purpose to use during the space of twenty-four hours after seizure, the carriage or vessel in which such gunpowder shall be seized, and the tackling, beasts, and accoutrements belonging thereto, on paying a recompense for the use thereof, and to detain the same, as is hereinafter given to persons searching under a justice's warrant; and such seizure shall be for his own use, on conviction of the offender. Id. s. 18. It is provided, however, that the statute shall not extend to hinder any person from carrying an unlimited quantity of gunpowder in such close decked vessel, and in such manner as above directed, from any vessel lying below Blackwall, or from any such magazines below Blackwall, and going to any place beyond sea or coastwise. Id. s. 30.

-On, at

The conviction as in ordinary cases :did unlawfully carry more than 25 barrels of gunpowder, to wit, 30 barrels of gunpowder, in one waggon at the same time, by land, against the form of the statute in such case made and provided, and the same, together with the barrels in which it was contained, was then and there seized by the said A. B.: Whereupon the said C. D. [&c., here state the defendant's appearance, and the evidence, &c., as ante, p. 595, to the words]: We do hereby convict him of the offence aforesaid, and do declare and adjudge that the said C. D. hath forfeited for the offence aforesaid the gunpowder aforesaid, amounting to · pounds weight, together

with the barrels in which the same was and is contained, to be applied to the use of the said A. B., according to the form of the statute in such case made and provided. Given under our hands and seals, &c.

Loading gunpowder, or bringing it for the purpose of loading, on board of any barge, boat or vessel, before any stale, condemned or returned gunpowder on board shall have been unloaden and carried away, is also punishable by forfeiture of the gunpowder so brought. Id. 8. 19.

Delay in loading, unloading or carrying gunpowder.] If any person having the care of any carriage used for the conveyance of gunpowder by land, shall, after beginning to load therein any quantity, or beginning to unload the same thereout, stop or stay at any place of loading, or in the loading or unloading suffer any longer time to pass than shall be reasonably necessary for that purpose; or if any person, having the care of any vessel used for the conveyance of gunpowder by water (except ships for importation, exportation, or going coastwise as aforesaid), shall, after beginning to load or unload any quantity of gunpowder, stop or stay at any wharf, key, or other place of loading, or in the loading or unloading thereof suffer any longer time to pass than shall be reasonably necessary for that purpose (not exceeding eighteen hours, unless hindered by the weather):-he shall forfeit 107. Id. 8. 21. The statute, however, extends only to such carriages or vessels as carry more than 1 cwt. of gunpowder. Id. 8. 22.

The conviction in this case may readily be framed from the form, ante, p. 595.

Having fire, &c. on board.] If any person, having the care or management of any barge, boat or other vessel (except ships for importation, exportation, or going coastwise as aforesaid), loaded with gunpowder, or if any other person on board the same, shall bring, have, or use, or permit, &c., any charcoal or other combustible matter, or any fire or lighted candle, or shall smoke or wittingly permit any person to smoke, on board the same, he shall forfeit 51. Id. *. 20.

The conviction in this case may readily be framed from the form, ante, p. 595.

Having gunpowder in vessels on the Thames.] No master of any vessel in the Thames outward bound shall receive on board more than 25lbs. of gunpowder (except for the King's service) before the arrival of such vessel at or below Blackwall; and the master of every vessel coming into the Thames shall (except in case of the King's service) put on shore, in proper places, all the gunpowder on board above 25lbs., either before the arrival of such vessel at Blackwall, or within twenty-four hours (if

the weather will permit), and shall not afterwards have on board more than 25lbs. (except for the King's service), on pain of forfeiting all the gunpowder found on board above 25lbs., and the barrels containing the same, and also 2s. for every pound above the quantity of 25lbs. Id. s. 24. The Trinity House may appoint searchers, for the purpose of searching for such gunpowder, who shall have the same powers, &c. as persons searching under a justice's warrant. Id. s. 25.

The conviction may readily be framed from the form, ante, p. 595.

3. Search for Gunpowder.

Any justice of the peace, on demand made, and reasonable cause assigned upon oath, may issue his warrant for searching in the day time any house, mill, magazine, storehouse, warehouse, shop, cellar, yard, wharf or other place, or any carriage, ship, boat, or vessel in which such gunpowder is suspected to be made, kept, or carried contrary to this Act; and all gunpowder found on such search to be made, kept or carried contrary to this Act, and also the barrels, shall be immediately seized by the searcher, who shall with all convenient speed remove the same to such proper place as he shall think fit; and in case of gunpowder seized in any carriage or vessel, may use, for the purpose of removal, during the space of twenty-four hours after seizure, such carriage or vessel, with the tackling, beasts, and accoutrements belonging thereto, (paying afterwards to the owner a sufficient recompense for the use thereof, to be settled by the justices before whom the complaint shall be heard), and may detain such gunpowder and barrels, until it shall be adjudged, on hearing before two such justices, whether the same shall be forfeited. Id. s. 23.

4. Prosecution for Offences.

All penalties under this Act shall be recoverable before two justices, and be distributed, half to the King-half to the informer. Id. s. 26.

The prosecution shall be commenced within fourteen days after the seizure of the gunpowder, or after the commission of the offence, in cases where there shall be no seizure. Id. s. 27.

Where the penalty is pecuniary, it shall be levied by distress and sale; and for want of sufficient distress, the offender shall be committed to the house of correction, there to be imprisoned and kept to hard labour for not more than six months, nor less than three. Id. s. 26.

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