laws.show

Act of Mar. 19, 1821, ch. 25, §§ 1–5, ME. STAT. (J. Griffin).

  • Year:
  • 1821
Category:
Jurisdiction:

   "CHAPTER XXV.

An Act for the prevention of damage by Fire, and the safe keeping of Gun Powder.

    Sec. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That the Selectmen of each town within this State, containing not less than fifteen hundred inhabitants, be, and they hereby, are authorized and empowered to make rules and regulations, from time to time, in conformity with which, all gun powder which is or may be within such town, shall be kept, had or possessed therein; and no person or persons shall have, keep, or possess within such town, any gun powder, in any quantity, manner, form or mode, other than may be prescribed by the rules and regulations aforesaid.
    Sec. 2. Be it further enacted, That any person or persons who shall keep, have or possess any gun powder, within any town, contrary to the rules and regulations which shall be established by the Selectmen of such town, according to the provisions of this Act, shall forfeit and pay a fine of not less than twenty dollars, and not exceeding one hundred dollars, for each and every offence, to be recovered by action of debt in any Court proper to try the same.
    Sec. 3. Be it further enacted, That all gun powder which shall be had, kept or possessed, within any town, contrary to the rules and regulations which shall be established by the Selectmen of such town, according to the provisions of this Act, may be seized by any one or more of the Selectmen of such town, and shall within twenty days next after the seizure thereof, be libelled, by filing with any Justice of the Peace in such town, a libel, stating the time, place and cause of seizure, and the time and place when and where trial shall be had before said Justice, and a copy of said libel shall be served by the Sheriff, or his deputy, on the person or persons, in whose possession the said gun powder shall have been seized, by delivering a copy thereof to each such person, on leaving such copy at his or her usual place of abode, seven days at least, before the time which shall be specified in said libel, for the trial thereof, that such person may appear, and show cause why the gun powder, so seized or taken, should not be adjudged forfeit; and if any person shall appear to show cause why the same should not be adjudged forfeit, such appearance shall be entered of record, by said Justice; and if the gun powder, seized as aforesaid, shall be adjudged forfeit, the person or persons, whose appearance shall have been recorded as aforesaid, shall pay all costs of persecution, and execution shall issue therefor: Provided however, That the person or persons, whose appearance shall have been recorded, may appeal from the judgement rendered by said Justice of the Peace, to the next Court of Common Pleas to be holden for the county where such town is situated: and the party so appealing, before such appeal shall be allowed, shall recognise, with sufficient surety or sureties to the libellant, to prosecute his said appeal and to pay all such costs as may arise after said appeal; and no further proceedings shall be had upon the judgement appealed from; and in case the party appealing shall neglect to enter his appeal, the Court appealed to, may, upon complaint proceed to affirm the judgement of the Justice, with additional costs.
    Sec. 4. Be it further enacted, That any person, who shall suffer injury by the explosion of any gun powder, had or possessed, or being within any town, contrary to the rules and regulations which shall be established in such town, according to the provisions of this Act, may have an action of the case in any Court proper to try the same, against the owner or owners of such gun powder, or against any other person or persons, who may have had the possession or custody of such gun powder, at the time of the explosion thereof, to recover reasonable damages for the injury sustained.
    Sec. 5. Be it further enacted, That it shall, and may be lawful for any one or more of the Selectmen of any town to enter any building, or other place, in such town, to search for gun powder, which they may have reason to suppose to be concealed or kept, contrary to the rules and regulations which shall be established in such town, according to the provisions of this Act, first having obtained a search warrant therefor according to law."

Laws of the State of Maine; to Which Are Prefixed the Constitution of the U. States and of Said State, in Two Volumes, with an Appendix, vol. 1 (Brunswick, ME: J. Griffin, 1821), 112–14. Chapter 25—An Act for the Prevention of Damage by Fire, and the Safe Keeping of Gun Powder, §§ 1–5. Approved March 19, 1821.