CO885-(6-7) — Page 66

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PUBLIC RECORD OFFICE

Reference :-

TTITLC.O. 885

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PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

Firearms may be issued to public

forces.

Governor

.not to au-

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removed for sale, or shall sell firearms and ammunition authorised to be removed for sale, in any district or region other than a district or region specified in such authority, or shall keep in any building or place whatsoever a larger quantity of gunpowder than 100 lbs. weight at any one time, or shall keep in any building a greater quantity of gunpowder than 10 lbs. weight, unless such gunpowder be enclosed in a copper magazine, or some other place of like security, or shall contravene any of the provisions of this section, shall be liable, on summary conviction before the chief magistrate or two justices of the peace, to a penalty not exceeding one hundred pounds, or to imprisonment, with or without hard labour, for a period not exceeding twelve calendar months.

6. The Governor may, notwithstanding the provisions of this Ordinance, take such measures as he thinks fit for importing, storing, and issuing firearms and ammunition for the use of the troops or police or other public force, or otherwise for the protection of the Colony and its inhabitants.

7. It shall not be lawful for the Governor to authorise any withdrawal from a thorise with public warehouse of any arms of precision such as rifles, magazine guns, or breech- loaders, whether whole or in detached pieces, or any ammunition intended for them except,-

drawal of arms of precision. Exceptions.

Licenses to bear fire-

Arme.

Transit.

⚫ of rent

&c.,

1. To persons affording sufficient guarantees that the firearms and ammunition

delivered to them will not be given, assigned, or sold to third persons. 2. To travellers provided with a declaration of their Government stating that the firearms and ammunition are destined exclusively for their personal defence.

All firearms so withdrawn in the excepted cases shall be registered and marked by the Officer appointed to supervise such public warehouse, who shall deliver to the persons in question licenses to bear firearms signed by the Governor indicating the name of the bearer and showing the stamp with which the firearms are marked.

Such licenses shall be in operation for five years only but may be renewed. Any person contravening the terms of his license shall be liable, on conviction before the chief magistrate or two justices of the peace, to a revocation of his license and to a penalty not exceeding fifty pounds or to imprisonment, with or without hard labour, for any period not exceeding six calendar months.

8. For the purpose of preventing fraud all persons who at the commencement of this Ordinance are in possession of firearms other than flint-lock guns, shall, within a time to be fixed by the Governor by proclamation, present the same to be marked to the officer appointed to supervise the public warehouse, or to such other person or persons All firearms not so marked as may be appointed by the Governor for the purpose. shall, for the purposes of this Ordinance, be deemed to have been imported into the Colony subsequent to the commencement of this Ordinance.

9. Notwithstanding the provisions of this Ordinance the Governor shall by a permit under his hand authorise the landing and transit of firearms and ammunition towards inland territories under the sovereignty or protectorate of another Power signatory of, or adhering to, the said General Act of the Brussels Conference, provided such Power have no direct access to the sea through its own territory, or, if it possesses such access, provided the same is for the time being completely interrupted.

Before granting any such permit the Governor shall require production to him of a declaration from the Power having such inland possessions, certifying that the firearms and ammunition for which transit is demanded are not destined for sale, but are for the use of the authorities of such Power, or of the military forces necessary for the protection of the missionary or commercial stations of such Power, or of persons .mentioned by name in such declaration.

10. The Governor may, nevertheless, refuse to grant any such permit whenever, in consequence of inland disturbances or other serious danger, there is ground for fearing that the dispatch of firearms and ammunition might compromise the safety of the Colony.

11. It shall be lawful for the Governor from time to time to fix by proclamation storage of the rates of rent which shall be payable in respect of any firearms, ammunition, or gun- powder deposited in any public warehouse and all such sums shall be paid to, and received by, the officer in charge of such public warehouse, and shall by him be paid at the end of every month into the Treasury as part of the general revenues of the Colony.

rearms,

public warehouse.

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No authority shall be given by the Governor for the withdrawal of any firearms, ammunition, or gunpowder in respect of which all arrears of rent have not been fully paid.

All sums due under this section may be recovered in the police court, and in default of payment, the said court may direct the amount to be levied by distress and sale of the depositor's gooda, or may commit him to prison for any period not exceeding six calendar months.

12. Where any firearms, ammunition, or gunpowder imported into this Colony is, Penalty for without the proper authority or license, kept in a place other than a public warehouse, keeping fire.

The occupier of such place (unless he can prove that the same was deposited in place other

Arms, &c., there without his knowledge or consent) and also the owner of, or other person than public guilty of keeping, the same, shall, on summary conviction before the chief magis- warehouse trate or two justices of the peace, be liable to a penalty not exceeding one without

authority. hundred pounds, or to imprisonment, with or without hard labour, for a period not exceeding twelve calendar months: and the magistrate or justices may order that all or any part of such firearms, ammunition, or gunpowder be forfeited to Her Majesty.

warrant.

13. It shall be lawful for the chief magistrate or any justice of the peace, if satisfied Search by information on oath that any firearms, ammunition, or gunpowder is being unlawfully kept, conveyed, landed, or sold in contravention of this Ordinance at any place, whether a building or not, or in any ship or vehicle, to grant a warrant to enter at any time, and if needs be by force, on Sundays as well as on any other days, the place, ship, or vehicle named in such warrant, and every part thereof, and to examine the same, and to search for any firearms, ammunition, or gunpowder, unlawfully kept therein, and to demand from the owner or occupier thereof the production of his license or authority for keeping, conveying, landing, or selling the same.

When the officer or other person executing such warrant has reasonable cause to believe that any firearms, ammunition, or gunpowder found by him in any such place, ship, or vehicle, is being kept, conveyed, landed, or sold in contravention of this Ordinance, he may seize and detain the same until the chief magistrate, or any two justices of the peace, has decided whether the same is liable to be forfeited or not.

Proceedings in the police court shall be commenced as soon as possible after the seizure.

14. Any person acting under such warrant shall not be liable to any suit for seizing or detaining any firearms, ammunition, or gunpowder, subject, or presumably subject, to the provisions of this Ordinance.

Exemptions of*

in pursuance

person acting of this Ordi

nance from liability.

15. Whosoever attempts to commit or aids or abets in the commission of any offence Accomplices. against this Ordinance may be dealt with in the same way, and shall be liable in the same penalty, as if he were charged with the actual offence.

Council may

16. It shall be lawful for the Governor in Council to frame such rules as he Governor in may consider expedient for the regulation of the landing, storage, withdrawal, or conveyance of any firearms, ammunition or gunpowder imported into this Colony, frame rules. and from time to time to alter, amend, or vary such rules. All such rules shall have the force of law, and any person contravening the same shall, on summary conviction before the chief magistrate or two justices of the peace, be liable for every offence to a penalty not exceeding five pounds, or to imprisonment, with or without hard labour, for a period not exceeding one calendar month.

17. In this Ordinance the following words shall have the meanings attached to Definition of

them :-

"Firearms" includes any cannon, gun, rifle, machine gun, or other firearm, whether

whole or in detached pieces.

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"Ammunition includes cartridges, balls, and caps, and all other materials for

loading firearms.

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"Public warehouse means any place or building which the Governor by procla- mation shall appoint for the storage or deposit of all firearms, ammunition, and gunpowder imported into the Colony.

CE

Importer" includes any owner or other person for the time being possessed of, or beneficially interested in, any firearms, ammunition, or gunpowder, imported into the Colony.

terms.

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