Ordinances of the Corporation of the City of Baltimore 277-83 (1801)

“An ORDINANCE for the safe keeping of gunpowder within the city of Baltimore, and the precincts thereof. WHEREAS it appears that the inhabitants of the city of Baltimore are often liable to danger from the large quantities of gunpowder stored within the said city; Therefore,\ I. Be it enacted and ordained, by the mayor and city council of Baltimore, That no person or persons whomsoever, shall keep or have in his, her or their possession, in any house, building or cellar within the limits of the said city, or precincts thereof, any quantity of gunpowder exceeding two quarter casks, (which shall be well secured in four tin canisters, each of which to contain not more than fourteen pounds weight) except in the public magazine, used for the reception of the same, under the penalty of twenty dollars for each and every cask, one half to the informer and the other half for the use of the city. II. And be it enacted and ordained, That if any gunpowder, so deposited as aforesaid in the magazine aforesaid, be intended for exportation, it shall not be delivered on board of the ship or vessel intended to export the same (over and above the quantity of two quarter casks as aforesaid,) whilst the said ship or vessel remains at a wharf within the city aforesaid, or precincts thereof, or within two hundred yards of the same, but shall be conveyed from the said magazine well covered up and secured with a sail, canvas or cloth over the powder; nor shall it be lawful for any boat or other vessel, used as aforesaid in the carriage and embarkation of gunpowder aforesaid, on and after the first day of May next, to lay at any wharf within the said city or precincts thereof, or within one hundred yards thereof (except at the wharf erected at the public magazine aforesaid) with the said powder on board, under the penalty of twenty dollars for each and every cask, for either and every of the said offences, one half to the informer and the other half for the use of the city. III. And be it enacted and ordained, That all gunpowder brought to the said city for sale or deposit, over and above two quarter casks as aforesaid, if brought by land, shall be deposited in the public magazine in twelve hours thereafter, and if brought in any ship or other vessel, in forty-eight hours after breaking bulk; and that no ship or other vessel (ships of war only excepted) bringing or importing any gunpowder into the port or harbor of Baltimore, (over and above the quantity actually necessary for her own consumption) shall approach, lay, anchor or moor nearer to any part of the said city than two hundred yards, or when so moored, shall not discharge, land, or deliver the same, on and after the first day of May next, (except as before excepted) at any other place within the said city, or precincts thereof, than at the wharf at the magazine aforesaid, under the penalty of twenty dollars for each and every cask so discharged, landed, or delivered as aforesaid, one half to the informer and the other half for the use of the city. IV. And be it enacted and ordained, That no person or persons shall carry or convey in any boat, wagon, dray or other carriage, or in any other manner whatever, any quantity of gunpowder in or through the city or precincts of Baltimore until the same shall be first secured in a good bag or bags, or be covered with a sheet, sail or other cloth, under and around it so as effectually to prevent the same from scattering or sifting out, under the penalty of ten dollars for every cask or barrel, one half to the informer and the other half for the use of the city. V. And be it enacted and ordained, That the mayor, or any justice of the peace for the county of Baltimore, is hereby authorized, as often as he shall be informed upon oath of probable cause to suspect any person or persons whomsoever of concealing or keeping within the said city or precincts thereof, any quantity of gunpowder, over and above two quarter casks as aforesaid, to issue a search warrant to examine into the truth of such allegation or suspicion, and search any place whatever therein. VI. And be it enacted and ordained, That a superintendent or keeper of such magazine be appointed, whose duty it shall be to attend the said magazine every day (Sundays excepted) from the hours of ten in the morning until four o’clock in the afternoon, and receive all gunpowder delivered to be stored in the said magazine, and give a receipt for the same, mentioning the marks thereof. VII. And be it enacted and ordained, That the said superintendent or keeper of the said magazine, shall receive the following storage for all gunpowder delivered at the said magazine, to wit, for every barrel twelve cents per month, for every half-barrel ten cents per month, and for every quarter-cask eight cents per month. VIII. And be it enacted and ordained, That all gunpowder manufactured within the state of Maryland, remaining the property of the manufacturer, and stored within the said magazine, shall only pay half the storage in the proportions above mentioned. IX. And be it enacted and ordained, That it shall be the duty of the superintendent, hereafter to be appointed, to collect the storage on all gunpowder stored in the said magazine, and in case the said powder, so stored as aforesaid, shall remain in the said magazine for twelve months and upwards, on which the said storage shall not have been paid, on demand made, the mayor may, after giving public notice for that purpose, sell the same or such parts thereof at public sale, as in his judgment may be sufficient to discharge the amount thereof. X. And be it enacted and ordained, That the said superintendent shall enter in a book to be provided for that purpose, the quantity of all gunpowder stored in the said magazine, and by whom stored, and shall on receiving the same, credit the person storing the said powder with the quantity thereof, and when delivered shall charge the same, and so in like manner for all transfers; and shall once in every three months make returns to the mayor on oath of all powder stored in the said magazine, and of all monies received by him on account of storage, and pay the same to the register of the said city; and it shall be the duty of the said superintendent once in every month at least, to cause all the powder in the magazine aforesaid, to be turned upside down. XI. And be it enacted and ordained, That the said superintendent or keeper, shall be answerable and accountable to the owners of all gunpowder so stored, for the same, unless injured or destroyed from any providential or unavoidable accident. XII. And be it enacted and ordained, That the said superintendent or keeper of the said magazine, shall before he enters upon the duties of his office, give bond, with sufficient security, to be approved of by the mayor to the mayor and city council of Baltimore, in the sum of two thousand dollars, for the faithful discharge of all and every duty, directed and required by this ordinance, and shall take the several oaths or affirmations, prescribed by law to be taken and subscribed. XIII. And be it enacted and ordained, That the said superintendent shall have and receive for the first year, the sum of four hundred dollars, as a compensation for his services. XIV. And be it enacted and ordained, That upon the said superintendent’s taking out any license for the sale of any wine or spirituous liquor, or any tavern license, or license for any kind of entertainment or amusement, or shall sell, or permit to be sold any cider, beer, perry, mead, or other drink at the said lot of ground purchased for the said powder magazine, he shall be and he is hereby declared to be removed from his said office. XV. And be it enacted and ordained, That the commissioners heretofore appointed by an ordinance, entitled, ‘an ordinance for the building of a powder magazine,’ be and they are hereby authorized and empowered, in conjunction with the mayor, to build and erect a wharf at or near the said powder magazine, of such size and dimensions as shall, in their opinion, be sufficient for the purposes of receiving and delivering gunpowder at and from the said magazine; and also to build and erect a brick building on the lot of ground whereon the said magazine is erected, for the reception of the superintendent aforesaid, of such size and dimensions as shall in their judgment be sufficient for that purpose, and shall also erect a good and substantial board fence around the said magazine, and the said commissioners are hereby authorized[8] and empowered to draw on the register of the city for a sum not exceeding twelve hundred dollars to defray the expenses thereof. Approved February 27th, 1801.”