The Charter and Ordinances of the City of Providence, Together with the Acts of the General Assembly Relating to the City 89-96 (1854)
| dc.coverage.spatial | Rhode Island - Providence | |
| dc.date.accessioned | 2025-10-24T14:13:44Z | |
| dc.date.accessioned | 2025-11-12T17:07:21Z | |
| dc.date.accessioned | 2026-03-17T13:17:38Z | |
| dc.date.issued | 1821 | |
| dc.description.abstract | Strictly regulated the possession, sale, storage, and transportation of gunpowder to reduce fire and explosion risks. Individuals generally could not possess more than five pounds unless authorized, and sellers required licenses. The law established specific storage containers, transportation methods, designated loading areas, and warning signs. Firewards could inspect premises, seize illegally stored gunpowder, and obtain warrants to search suspected locations. Violations could result in fines of $20–$500 and forfeiture of gunpowder. People injured by illegally stored or transported gunpowder could also seek damages from those responsible. | |
| dc.description.lawtext | AN ACT REGULATING THE STORAGE, SAFE KEEPING AND TRANSPORTATION OF GUNPOWDER IN THE TOWN OF PROVIDENCE. October, 1821. SECTION 1. Be it enacted by the General Assembly, and by the authority thereof it is enacted, That no person, except on military duty in the public service of the United States, or of this State, shall keep, have or possess in any house, warehouse, shop or other building, nor in any street, lane, alley, passage-way, yard or cellar, nor in any wagon, cart or other carriage, nor on any wharf, nor on board of any ship or other vessel, nor in any place within the town of Providence, gunpowder in any quantity exceeding five pounds, in any way or manner other than by this act may be permitted and allowed; and all gunpowder had, kept or possessed, contrary to the provisions hereof, shall be forfeited, and liable to be seized and proceeded against, in the manner herein after provided. SEC. 2. And be it further enacted, That it shall not be lawful for any person or persons to sell any gunpowder which may at the time be within the town of Providence, in any quantity, by wholesale or retail, without first having obtained from the town council of said town, a license to sell gunpowder; and every such license shall be written or printed, and signed by the president of said council or their clerk, on a paper upon which shall be written or printed a copy of this act; and every such license shall be in force for one year from the date thereof, unless annulled by said council, and no longer; but such license may, prior to the expiration of that time, be renewed, by endorsement thereon, for a further term of one year, and so from year to year: provided, always, that the said town council may annul any such license, if in their opinion the person or persons licensed have forfeited the right of using the same by any violation of the law relative thereto; and every person who shall receive a license as aforesaid shall pay therefor the sum of five dollars, and on having the same renewed shall pay therefor the sum of one dollar, which shall be paid to the clerk of said council, for their use, for the purpose of defraying the expenses of carrying this act into execution. SEC. 3. And be it further enacted, That any person or persons who shall keep, have, possess or transport any gunpowder within the town of Providence, contrary to the provisions of this act, or who shall sell any gunpowder therein, without having a license therefor, then in force, shall forfeit and pay a fine of not less than twenty dollars, and not exceeding five hundred dollars, for each and every offence; and if any gunpowder kept contrary to the provisions of this act shall explode in any shop, store, dwelling-house, ware-house or other building, or in any place in said town, the occupant, tenant or owner of which has not a license in force to keep and sell gunpowder therein, or which gunpowder shall have been kept in any manner contrary to the terms and conditions of such license, such occupant, tenant or owner shall forfeit and pay a fine of not less than twenty dollars, nor more than five hundred dollars. SEC. 4. And be it further enacted, That all gunpowder which shall be kept, had or possessed, within the town of Providence, or brought into it, or transported through the same, contrary to the provisions of this act, may be seized and taken into custody, by any one or more of the firewards of said town; and the same shall, within ten days next after the seizure thereof, be libelled, by filing in the office of the clerk of the court of common pleas, within and for the county of Providence, a libel, stating the time and place and cause of such seizure; a copy of which libel, or the substance thereof, together with a summons or notice, which such clerk is hereby authorized to issue, shall be served on the person or persons from whose custody or possession, or in whose tenement, such gunpowder shall have been seized, if such person or persons be an inhabitant or inhabitants of this State, by delivering a copy thereof to such person or persons, or leaving such copy at his, her or their usual place of abode, twenty days at least before the sitting of the court at which the same is to be heard, that such person or persons may appear and show cause why the gunpowder so seized and taken shall not be adjudged forfeit; and if the gunpowder so seized shall be adjudged forfeit, the person or persons in whose custody or possession the same was seized, or the occupant or tenant of the place wherein the same was seized, shall pay all costs of prosecution, and execution shall be issued therefor, provided it appear that such person or persons had due notice of such prosecution, by service as aforesaid; and in case the person or persons in whose custody or possession, or in whose tenement such gunpowder may be seized, shall be unknown to the fireward or firewards making such seizure, or in case such gunpowder at the time of seizure may not be in the custody or possession of any person, or if it shall appear by the return of the officer, that such person or persons cannot be found, or has no known place of abode in this State, then said court shall and may proceed to adjudication thereon; and such libel or summons, and also such writ of execution for costs, shall and may be served and executed in any county in this State, by any officer competent to execute civil process in like cases. SEC. 5. And be it further enacted, That any person or persons who shall rescue, or attempt to rescue, any gunpowder seized as aforesaid, or shall aid or assist therein, or who shall counsel or advise or procure the same to be done, or who shall molest, hinder or obstruct any fireward in such seizure, or in carrying gunpowder so seized to a place of safety, shall forfeit and pay a fine for each offence, of not less than twenty dollars, and not exceeding five hundred dollars; and it is hereby made the duty of all magistrates, civil officers, and of all good citizens of said town, in their respective stations, and as far as they may be required, to aid and assist such fireward or firewards in executing the duties hereby required. SEC. 6. And be it further enacted, That the said firewards, or any of them, may enter the store or place of any person or persons licensed to sell gunpowder, to examine and ascertain whether the laws relating thereto are strictly observed; and also whenever there may be an alarm of fire; and in such last case may cause the powder there deposited to be removed to a place of safety, or to be destroyed by wetting or otherwise, as the exigency of the case may require; and it shall be lawful for any one or more of the firewards aforesaid to enter any dwelling house, store, building or other place in said town to search for gunpowder, which they may have reason to suspect to be concealed or unlawfully kept therein; first having obtained from some justice of the peace of said town a search-warrant therefor; which warrant any one of the justices of said town is hereby respectively authorized to issue, upon the complaint of such fireward or firewards, supported by his or their oath or affirmation. SEC. 7. And be it further enacted, That any person who shall suffer injury by the explosion of any gunpowder had, kept or transported within the town of Providence, contrary 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 gunpowder, or against any other person or persons who may have had the custody or possession of the same, at the time of the explosion thereof, to recover reasonable damages for the injury thus sustained. SEC. 8. And be it further enacted, That no ship or other vessel on board of which gunpowder shall be laden, shall lie at any wharf in the town of Providence, nor at any place north of India point channel, within said town. SEC. 9. And be it further enacted, That when any gunpowder shall be landed in the town of Providence, from on board any ship, boat or other vessel, the same shall and may be brought to and landed at such place or places as may be designated by the town council of said town; and when any gunpowder shall be intended to be laden on board of any ship or vessel lying in the harbor of Providence, the same shall and may be brought to and delivered and laden from such place or places as may be designated as aforesaid; and no gunpowder shall be landed at, or shipped from, any other wharf or place in said town, nor detained an unnecessary length of time at said wharf or place. SEC. 10. And be it further enacted, That all gunpowder which shall be transported through said town, to whatever place it may be destined, shall be put into strong leather bags, closely tied, and on which shall be painted in Roman capitals, the word “GUNPOWDER,” and shall so remain in said bags whilst it is within the bounds of said town, and shall not be suffered to remain a longer time than is necessary, in the boat or carriage in which it may be transported: provided however, That said bags may be taken off whenever said powder shall be deposited in some magazine, as hereinafter designated. SEC. 11. And be it further enacted, That all gunpowder transported through said town, except when carried by hand, shall be conveyed in a cart, wagon or other carriage, closely covered with leather or canvas, marked as aforesaid with the word “Gunpowder,” in some conspicuous place thereon, excepting, however, that a quantity of gunpowder, not exceeding in the whole four casks of twenty-five pounds each, may be received and put into any cart or wagon which is to pass through any part of the town, on its way to the country; provided that each cask shall be put into a leather bag, closely tied up and marked as aforesaid, and so remain until without the bounds of said town. SEC. 12. And be it further enacted, That all boats employed in transporting gunpowder shall have the casks of powder covered with canvass, and shall have a red flag displayed in the bow or stern of the boat, so long as any gunpowder remains on board. SEC. 13. And be it further enacted, That all persons who wish to have a license to keep and sell gunpowder within the town, shall make application to the town council in writing, stating their place of business, and whether they wish to sell by wholesale or retail, or both; and to each person or firm who may be approbated, a certificate of license shall be granted, on payment of the fee established by law. SEC. 14. And be it further enacted, That every person or firm who may be licensed to sell gunpowder by retail, shall be allowed to keep in the place or building designated in the license, twenty-five pounds of gunpowder, and no more, at one time, which shall always be kept in tin or copper canisters, capable of containing no more than twelve and a half pounds each, with a small aperture at the top, and a tin or copper cover thereto. SEC. 15. And be it further enacted, That every person or firm who may be licensed to sell gunpowder by wholesale, shall provide and keep a tin or copper chest, with two handles and a tight cover, furnished with a hinge, and secured with a padlock, all of tin or copper; such chest shall always be kept on the lower floor, on the right side of and close to the principal door or entrance from the street into the building so licensed, except when otherwise designated by the council, and shall always be kept locked, except when powder is put in or taken out; and such person or firm, so licensed, shall be allowed to deposit and keep, in such tin or copper chest, a quantity of gunpowder not exceeding four casks of twenty-five pounds each; the heads of each cask not to be opened, and each cask to be kept in a strong leather bag, closely tied and marked as aforesaid. SEC. 16. And be it further enacted, That every person or firm licensed to keep and sell gunpowder as aforesaid, by wholesale or retail, shall have and keep a sign-board placed over the door or building in which such powder is kept, on which shall be painted in Roman capitals the words “Licensed to sell Gunpowder.” SEC. 17. And be it further enacted, That no gunpowder shall be kept, otherwise than as before provided for licensed dealers, at any place within the town of Providence, except in such place or places, and in such buildings, as may be designated by the town council thereof. SEC. 18. And be it further enacted, That all fines, penalties and forfeitures, except otherwise herein prescribed, which may arise and accrue under the provisions of this act, shall and may be prosecuted for and recovered by indictment or action of the case, in any court of competent jurisdiction; one half thereof to and for the use of the poor of said town, to be paid over to the treasurer thereof, and one half to and for the use of any person or persons who may prosecute or sue for the same: and this act shall be deemed and taken to be a public act, and shall and may be proceeded on as such. SEC. 19. And be it further enacted, That the act entitled “an act relative to the keeping of gunpowder in the town of Providence,” be and the same is hereby repealed: provided, however, that the same shall continue in force for the purpose of prosecuting all offences which may have been committed prior to the passing hereof. | |
| dc.description.summary | Strictly regulated the possession, sale, storage, and transportation of gunpowder to reduce fire and explosion risks. Individuals generally could not possess more than five pounds unless authorized, and sellers required licenses. The law established specific storage containers, transportation methods, designated loading areas, and warning signs. Firewards could inspect premises, seize illegally stored gunpowder, and obtain warrants to search suspected locations. Violations could result in fines of $20–$500 and forfeiture of gunpowder. People injured by illegally stored or transported gunpowder could also seek damages from those responsible. | |
| dc.identifier.uri | https://dspace.firearmsresearchcenter.org/id/frc0001/5204 | |
| dc.relation.isreferencedby | https://perma.cc/X67N-9992 | |
| dc.subject | TRANSFER, MANUFACTURE & STORAGE OF GUNPOWDER | |
| dc.title | The Charter and Ordinances of the City of Providence, Together with the Acts of the General Assembly Relating to the City 89-96 (1854) |