Duty on gloves, &c. repealed. Silk gloves. Gloves. BY stat. 34 Geo. III. c. 10, s. 1, the duty on gloves and mittens inposed by stat. 25 Geo. III. c. 55, is repealed, except the duty on licenses; and, by stat. 36 Geo. III. c. 80, s. 1, the said duty on licenses is also r pealed. By 6 Geo. IV. c. 105, the 6 Geo. III. c. 19, prohibiting the importa tion of gloves, &c., is repealed. As to silk gloves, see "Silk," Vol. V. Good Behaviour. See "Surety," Vol. V. Goods, how described in Indictment. See "Indictment,” Vol. III.; Gorze, Setting Fire to. See "Burning," Vol. I. p. 510. Grain. See "Corn," Vol. II.; As to Assault to obstruct Selling of, see "Assaults," Vol. I. p. 298. Grand Jurors, Who may be, &c. See "Jurors,” Vol. III. Grand Larceny and Petty Larceny, Distinction between, abilished. See "Larceny," Vol. III. Great Seal, Counterfeiting. See "Forgery," Vol. III. p. 127. Greenwich Pensioners, Personating, &c. of. See "Military Law, Grouse. See "Game," Vol. III. Guest at an Enn. See "Alehouse," Vol. I. p. 116; Larceny by, see id. Guns, as to Setting Spring Guns, see ante, p. 257; as to the Manufacture of, see Fire Arms," ante; as to the Importation, &c. of, into Ireland, see "Gunpowder," infra; as to the keeping of loaded Guns or Discharging same, &c. on Thames, see "Police," Vol. V., Thames, Vol. VI.; Training to use of Art, see Riot," Vol. V. 417 Gunpowder. [16 Car. II. c. 21; 12 Geo. III. c. 61; 46 Geo. III. c. 121; 54 Geo. III. cc. 152, 159; 3 & 4 Will. IV. c. 19, s. 36; 2 & 3 Vict. c. 47, s. 35.] As to fireworks, see "Fire Works," ante. It seemeth, that erecting powder mills, or keeping powder magazines near a town, is a nuisance by the common law; for which an indictment or information will lie. In R. v. Williams, (Easter, 12 Will.), there was an indictment against Roger Williams, for keeping four hundred harrels of powder near the town of Bradford, and he was convicted accordingly. And, in R. v. Taylor, (Trinity, 15 Geo. II., 2 Str. 1167), the court granted an information against the defendant as for a nuisance, on affidavits of his keeping great quantities of gunpowder near Maldon in Surrey, to the endangering of the church and houses where he lived. (Or rather, it should have been expressed, to the endangering of the lives of his Majesty's subjects). See tit. "Nuisance," Vol. III., p. 233, 244. Fireworks. Erecting powder mills near a town, a nuisance. By stat. 16 Car. I. c. 21, (passed in 1640, being the last statute of Who may make force in that King's reign), all subjects may take and sell gunpowder, gunpowder. and bring into the kingdom saltpetre, brimstone, or any other material for the making of it. And, by a statute made in the first year of the reign of King James the Second (which is also somewhat remarkable), it was enacted, "that if any person shall obtain a grant for the sole making or importing of gunpowder, he shall incur a præmunire." But this was repealed by 6 Geo. IV. c. 105. gunpowder may By stat. 12 Geo. III. c. 61, s. 1, (which reduces into one and repeals In what places all former acts relating to the making, keeping, and carrying of gun-e made. powder), no person shall use, or cause to be used, any mill or other engine for making gunpowder in any place, except in mills and other places where the manufacture of gunpowder shall be actually carrying on at the time of the commencement of this act, or where it shall afterwards become lawful to carry on such manufacture by license for that purpose as hereinafter directed; on pain of forfeiting all gunpowder manufactured otherwise, and 28. for each pound thereof. Sect. 2. "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 2s. for each pound." Sect. 3. "No person shall, in any mill or engine, make, at any one time, under any single pair of millstones, any quantity of gunpowder, or materials to be made into gunpowder, exceeding forty pounds, on pain of forfeiting all above forty pounds, and also 2s. for each pound." Sect. 5. "Provided, that nothing in this act shall extend to the powder mills now erected in the parishes of Battle, Crowhurst, Seddelcomb, and Brede, in the county of Sussex, so far as relates to the making of such fine fowling gunpowder only, as is known by the name of Battle powder." Sect. 6. "No person shall dry, or cause, &c., at any one time in any one stove or place, used for the drying of gunpowder, any quantity exceeding forty hundred weight, on pain of forfeiting all above that weight, and 2s. for each pound." Sect. 7. "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 situate fifty yards at least from the gunpowder mill), any greater quantity of gunpowder than VOL. III. EE No pestle mill making. shall be used in what quantity shall be made at one time. Exception of What quantity shall be dried at one time. What quantity shall be kept in of making. or near the place 12 Geo. 3, c. 61. shall be necessary for the immediate work then carrying on in such house or other place, on pain of forfeiting all the gunpowder above such necessary quantity, and 2s. for each pound." Magazines to be kept remote from the mill. Charcoal not to be kept near the mill. With permits gunpowder may be kept. What quantities may be kept. The sessions to license the erecting of mills or magazines. 66 Sect. 8. Every person and persons keeping or using any mill or other engine for making gunpowder, shall, besides the magazines or storehouses near their mills, have a good and sufficient magazine remote fr their respective mills, for the purpose of receiving and safe keeping the gunpowder made at such mills, as soon as the same can from time t time be conveniently removed thereto, (which last-mentioned magazine shall be built with brick or stone near the river Thames, and below Blackwall, or in some other convenient place to be licensed by the jus tices as hereinafter mentioned), on pain of forfeiting 251. for every month during which he shall make gunpowder without having such magazin., and 51. for every day during which he (not being hindered by stress if weather, or other just impediment,) shall wilfully neglect or delay re moving, with due diligence, the gunpowder made at such mill frea thence, or from the magazine or storehouse adjoining thereto, to the magazine so to be situate remote from the mill." Sect. 10. "Every such maker who shall keep, or permit to be kept any charcoal within twenty yards of any mill or other engine for masing gunpowder, or of any drying, corning, or dusting-house, or magzine or storehouse thereto belonging, shall forfeit 51. for every week during which it shall be so kept." Sect. 11. "No person, being a dealer in gunpowder, shall keep at sy one time more than two hundred pounds of gunpowder, and not bei such, more than fifty pounds, in any house, mill, magazine, storehous warehouse, shop, cellar, yard, wharf, or other building or place 1pied by him, (all buildings and places adjoining each other being ded one house within the act), or on any river or other water (except in carriages loading or unloading, or passing on the land, or in ships, boats, or vessels loading or unloading, or passing on any river or other water, or detained there by the tide or bad weather), within the cities of Los don or Westminster, or within three miles of either of them; or within any other city, borough, or market town, or one mile thereof; f within two miles of any palace or houses of residence of the king, t any of the king's gunpowder magazines; or half 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 act used for the making of gunpowder, and in the places where it shall be lawful to make gunpowde or to keep greater or unlimited quantities 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 such shall be, and also 2s. for every pound beyond such allowed quantity" (a). Sect. 12. "Provided, that it shall be lawful for any person to keep for the use of any mine or colliery, any quantity not exceeding thre hundred pounds weight, in any magazine or warehouse, so as the same be within two hundred yards of such mine or colliery, and not within any of the limits herein before particularly described." Sect. 13. "And whereas it may be necessary to have some places sp pointed, in which it may be lawful to erect new mills or other engines for making gunpowder, with proper magazines and offices adjoining thereto, and to have magazines for keeping unlimited quantities of gunpowder in places where there are no mills; it shall therefore be lawful (a) The exception in this section against keeping more than certain quantities of gunpowder in places within certain limits, or in any other part of Great Britain," following the specified places, is to be taken as a new division of locality; and if the offence be shown to have been committed within the li mits of that general provision, the information need not go on to negative that it was not within any of the places particularly excepted. (R. v. Matters, 1 B. & Ald. 362). for the justices in sessions, from time to time, to license the erecting or having such mills and offices, or such magazines for keeping unlimited quantities in places not being within London or Westminster, or any other limits herein before particularly described, the person applying having first given fourteen days' notice in writing of the intention to make such application, as also of the place or places proposed for such purposes respectively, to an overseer or churchwarden of the parish or place wherein it is proposed to erect such new mill and offices or magazine, or of an adjoining parish, if the place be extra-parochial; which overseer or churchwarden shall cause such notice to be publicly read on the Sunday next ensuing in the parish church after divine service." Sect. 14. "And if the justices in the said sessions shall refuse to grant such license, or to appoint pieces of ground for magazines remote from mills, the party aggrieved may apply to the said justices then present for a special state of the case, and the justices shall certify such case, together with the proofs offered for and against the application, in order that the said case and proceedings may be removed by certiorari into the court of King's Bench; and the justices in their return to the certiorari shall state such special case. And if the court of King's Bench shall be of opinion that the justices ought not to have refused such license or appointment, they shall order the justices to grant or to make such at their next sessions, and shall award costs on the writ of certiorari as they shall think fit." Sect. 15. "Provided, nevertheless, that no person shall be liable to any penalty or prosecution under this act for keeping unlimited quantities of gunpowder, without such license of the justices, in any magazine remote from any gunpowder mill, and already built and used for that purpose, in any place not being within London and Westminster, and the other limits herein before described, until the expiration of six calendar months after an adjudication by the justices that the same is dangerous; and they shall not have power to make such adjudication, except on complaint to them by some householder of the parish or place in which the magazine shall be, and after summons of the owner and examination of witnesses." Sect. 16. "And the justices in sessions, on application by such maker, may appoint proper and convenient pieces of ground, not being in London or Westminster, or other the limits aforesaid, and not exceeding one acre in any one place, with the use of convenient roads thereto, on which they may erect magazines for keeping any quantity, after having agreed with the owner for the purchase of the same. And if such owner shall not agree, or by reason of any impediment cannot agree, the justices shall issue a warrant to the sheriff, to impannel and return a jury to appear before them at a time and place appointed in the warrant, who shall upon their oaths inquire into the true value of the said pieces of ground, with the use of such convenient roads thereto; and the justices may send for any persons interested, and examine any parties or witnesses upon oath; and the verdict of the jury shall be kept amongst the records of the sessions, and the judgment of the said justices thereon shall be final. And the sum of money so to be adjudged, not exceeding thirty years' purchase, shall be paid to the owner of the ground; and upon such payment, or in case of refusal to accept the money, then upon leaving the same with the justices for the benefit of the owner, the inheritance of the ground, and the use of the said roads thereto, shall be vested in the purchaser, his heirs and assigns, for the purposes aforesaid, and not otherwise." 12 Geo. 3, c. 61. No person liable to pay any penalty after adjudication by justices. till six months at one time. Sect. 18. "No person shall carry at any one time more than twenty- What quantities five barrels of gunpowder in any waggon, cart, or other carriage by land; shall be carried or more than two hundred barrels in any barge, boat, or other vessel by water, (except in vessels with gunpowder imported from, or to be exported to, any place beyond the sea, or going coastwise), and the barrels in which it shall be carried shall be close joined and hooped, without 12 Geo.3, c. 61. Loading gunpowder before condemned gunpowder unloaded. Combustibles not to be kept on shipboard. Gunpowder in carrying not to be delayed. any iron about them, and so secured that no part of the gunpowder be Sect. 19. "And when any barge, boat, or vessel, having stale, condemned or returned gunpowder on board, arrives at the wharf, quay, ar other place where the same is intended to be landed, no person shall be gin to unload, or shall bring down to such wharf, quay, or other place, with intent to load in such vessel, any other gunpowder, until the whole or part of such stale, condemned, or returned gunpowder be firstloaded and carried away from such wharf, quay, or other place of landing and after such unloading and carrying away of part of such powder, no person shall begin to load, or shall so bring down with intent to load, any greater quantity of other gunpowder than the part loaded and carried away; on pain of forfeiting all such gunpowder & shall be so brought down or loaded contrary hereunto.” Sect. 20. "If any person having the care or management of any barge, boat, or other vessel, (except ships for importation, exportation, or going coast wise, as aforesaid), loaded with gunpowder, or 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 57." if Sect. 51. "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 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 any person having the care of any vessel used for the conveyance of gunpowder by water (except as aforesaid) shall, after beginning to load or unload any quantity of gunpowder, stop or stay at any wharf, quay, of 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; or if any person shall take in or carry in such carriage or vessel any other lading of any kind; he shall forfeit 107." (a) It must appear on a conviction upon this section, that the person to whom the gunpowder is adjudged was the person who seized it. The justices have no jurisdiction to adjudge the forfeiture, unless upon a seizure; and for this purpose it should be made to ap pear that there was a seizure and a person seizing. Its being stated in the adjudicating part of a conviction, that the gunpowder is forfeited, "to the use of G. I., the person who seised the same," is insufficient. (R. v. Thomas Smith, 5 M. & Sel. 133). |