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.
53 P.S. § 16569