Pennsylvania Act 1856-161 — GUNPOWDER AND GUN COTTON - PRESERVATION OF LIFE DUE TO EXPLOSION

Act text

GUNPOWDER AND GUN COTTON - PRESERVATION OF LIFE DUE TO EXPLOSION
                 Act of Mar. 20, 1856, P.L. 137, No. 161              Cl. 11
                                  AN ACT

     For the more effectual preservation of life and property from
        damages by the explosion of gunpowder and gun cotton, in the
        city of Philadelphia.

        Section 1.  Storage regulated
        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 public magazines, or in a quantity
     not exceeding two pounds for private use), unless in the manner
     hereinafter provided.  1856, March 20, P.L. 137, Sec. 1.
        Section 2.  Licenses for sale
        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 persons or persons so licensed may have on their
     premises a quantity of gunpowder or gun cotton, not exceeding in
     all twenty-five pounds at any 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 of five dollars for said license.
     1856, March 20, P.L. 137, Sec. 2.
        Section 3.  Carriages for powder to have sign
        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 "gunpowder," and any failure so to do shall subject
     the offender or offenders to the penalties herein contained for
     violations of this act.  1856, March 20, P.L. 137, Sec. 3.
        Section 4.  In case of violation, powder to be seized
        In every case of a violation of any provision of this act,
     relative to the keeping of gunpowder or gun cotton, or in every
     case of the violation of any of the provisions of the acts now
     in force relative to the introduction, into the City of
     Philadelphia, of gunpowder or gun cotton, it shall be lawful for
     any of the trustees of the Philadelphia Association for the
     Relief of Disabled Firemen to seize such gunpowder or gun cotton
     in the daytime, and to convey, or cause the same to be conveyed,
     to any magazine used for the storing of gunpowder.  1856, March
     20, P.L. 137, Sec. 4.
        Section 5.  Searches for illegal keeping of powder
        Whenever any inhabitant of the said city shall make oath or
     affirmation, particularly describing as nearly as may be the
     place to be searched, and the things to be seized, before the
     mayor, or any alderman, of any fact or circumstance which, in
     the opinion of the said mayor or alderman, shall afford a
     probable cause of belief that any gunpowder or gun cotton gas
     been brought into, or is kept within the said city, or in the
     harbor thereof, contrary to the provisions of this act, or any
     of the provisions of the acts now in force relative to the
     introduction of gunpowder or gun cotton into the City of
     Philadelphia, it shall be lawful for the said mayor or alderman
     to issue his warrant or warrants, under his hand and seal, to
     any sheriff, marshall, constable, or other fit person,
     commanding him or them to search for such gun powder or gun
     cotton, in the daytime, wheresoever the same may be in violation
     of said acts, and to seize and take possession of the same, if
     found, and to convey, or cause the same to be conveyed
     forthwith, to any magazine used for storing gunpowder.  1856,
     March 20, P.L. 137, Sec. 5.
        Section 6.  Suits for recovery of gunpowder, etc., seized
        All actions or suits for the recovery of any gunpowder or gun
     cotton, which may have been seized and stored in any magazine by
     virtue of the provisions of this act, or for the value thereof,
     or for damages sustained by the seizure or detention thereof,
     shall be brought against the Philadelphia Association for the
     Relief of Disabled Firemen, and shall be commenced within three
     calendar months next after such seizure shall have been actually
     made, and in case no such action or suit shall have been
     commenced within such period, such gunpowder or gun cotton shall
     be deemed absolutely forfeited to the said philadelphia
     Association for the RElief of Disabled Firemen, and may be
     immediately delivered to the proper officers thereof for its
     use.  No penal damages shall be recovered in any such action or
     suit; and such gunpowder or gun cotton may at any time during
     the pendency of any such action or suit, by consent of the
     parties thereto, be sold, and the money arising from such sale
     be paid into the court where such suit or action may be pending,
     to abide the event thereof.  1856, March 20, P.L. 137, Sec. 6.
        Section 7.  Seizures during fires
        If any gunpowder or gun cotton, exceeding the quantity
     mentioned in this act, shall be found in the possession or
     custody of any person or persons, in violation of the provisions
     herein contained, by any fireman of any company belonging to the
     fire department of the said city, during any fire therein, it
     shall be lawful for such fireman to seize the same without any
     warrant, and to immediately convey the same, and report such
     seizure, to the chief engineer of the fire department, or in his
     absence the acting assistant engineer; and the said chief
     engineer or assistant shall convey, or cause it to be conveyed,
     to any magazine for the storing of gunpowder, there to be
     detained until it be decided by due course of law, in accordance
     with the provisions of this act, whether such gunpowder or gun
     cotton be forfeited. March 20, P.L. 137, Sec. 7.
        Section 8.  Fines and penalties for illegal keeping of gun
     powder
        Any violation of the provisions of this act relative to the
     keeping of gunpowder or gun cotton, or of any of the provisions
     of the acts now in force relative to the introduction of
     gunpowder or gun cotton into the City of Philadelphia, shall, in
     addition to the forfeiture of the gunpowder or gun cotton as
     hereinbefore provided, also subject the offender or offenders to
     a fine of five hundred dollars for each offense, to be
     recovered, with costs of suit, in an action of debt, in any
     court having cognizance thereof, by, to and for the use of the
     Philadelphia Association for the Relief of Disabled Firemen.
     gunpowder or gun cotton found within the City of Philadelphia,
     in violation of the provisions in this act contained, shall be
     forfeited to the use of the aforesaid Philadelphia Association
     for the Relief of Disabled Firemen.  1856, March 20, P.L. 137,
     Sec. 8.
        Section 9.  Provisions of act extended to saltpetre
        All and singular the provisions of this act relative to the
     recovery of any penalty, and the seizure and forfeiture of
     gunpowder or gun cotton, be and they are hereby extended to the
     recovery of any penalty, and the seizure and forfeiture of all
     saltpetre introduced, stored, deposited or kept in said city, in
     violation of the acts relative thereto now in force in said
     city; and the said penalty and forfeiture shall be to and for
     the use of the aforesaid Philadelphia Association for the Relief
     of Disabled Firemen, against whom all suits or actions for its
     recovery shall be brought, in accordance with the provisions of
     this act.  1856, March 20, P.L. 137, Sec. 9.
        Section 10.  Suits limited to one year
        All actions for any penalty incurred for violation of any of
     the provisions of this act, or of any of the acts now in force
     relative to the introducing, keeping, storing or depositing of
     gunpowder, gun cotton or saltpetre within the city of
     Philadelphia, shall be commenced within one year next after
     incurring such penalty.  1856, March 20, P.L. 137, Sec. 10.