852
Making or having gun-powder, &c., with intent to feloniously commit any offence.
Police Magistrate may issue warrant for searching houses, &c., for such gun-powder.
See Ord. No. 1 of 1848 s. 7 Ord. No. 8 of 1873 * 13.]
ORDINANCE No. 8 OF 1865.
Malicious Injuries to Property.
Making Gunpowder to commit Offences, and searching for the same:-
44. Whosoever shall make or manufacture, or knowingly have in his possession, any gunpowder or other explosive substance, or any dangerous or noxious thing, or any machine, engine, instrument, or thing, with intent thereby or by means thereof to commit, or for the purpose of enabling any other person to commit, any of the felonies in this Ordinance mentioned, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping.
45. When any machine, engine, implement, or thing, or any gunpowder or other explosive, dangerous, or noxious substance, is suspected to be made, kept, or carried for the purpose of being used in committing any of the felonies in this Ordinance mentioned, a Police Magistrate may upon reasonable cause assigned upon oath, affirmation or declaration by any person, issue a warrant under his hand for searching in the daytime any house, mill, magazine, godown, storehouse, warehouse, shop, cellar, yard, wharf, or other place, or any carriage, waggon, cart, ship, boat, or vessel, in which the same is suspected to be made, kept, or carried for such purpose as herein-before mentioned; and every person acting in the execution of any such warrant shall have, for seizing, removing to proper places, and detaining every such machine, engine, implement, and thing, and all such gunpowder, explosive, dangerous, or noxious substances found upon such search, which he shall have good cause to suspect to be intended to be used in committing any such offence, and the barrels, packages, cases, and other receptacles in which the same shall be, the same powers and protections which are given to persons searching for unlawful quantities of gunpowder under the warrant of a Justice by an Act of the Imperial Parliament passed in the session holden in the twenty-third and twenty-fourth years of the Reign of Her present Majesty, chapter one hundred and thirty-nine, intituled "An Act to amend the Law concerning the Making, Keeping and Carriage of Gunpowder and Compositions of an explosive Nature and concerning the Manufacture, Sale and Use of Fireworks."
Punishment of principals in the second degree and accessories before the fact:-
46. In the case of every felony punishable under this Ordinance, every principal in the second degree, and every accessory before the fact,
852
Making or having gun- powder, &c.,
with intent to felong against
commit any
nance.
Police Magis- trate may
for searching
houses, &c.,
for such gun- powder.
Soe Ord. No. 1 of 1848 8. 7 Ord. No. 8 of 1873 * 13.]
ORDINANCE No. 8 OF 1865.
Malicious Injuries to Property.
Making Gunpowder to commit Offences, and searching for the same:-
44. Whosoever shall make or manufacture, or knowingly have in his possession, any gunpowder or other explosive substance, or any dangerous or noxious thing, or any machine, engine, instrument, or thing, with intent thereby or by means thereof to commit, or for the purpose of enabling any other person to commit, any of the felonies in this Ordinance mentioned, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under
age of sixteen years,
with or without whipping.
the
45. When any machine, engine, implement, or thing, or any gun- issue warrant powder or other explosive, dangerous, or noxious substance, is suspected to be made, kept, or carried for the purpose of being used in committing any of the felonies in this Ordinance mentioned, a Police Magistrate may upon reasonable cause assigned upon oath, affirmation or declaration by any person, issue a warrant under his hand for searching in the daytime any house, mill, magazine, godown, storehouse, warehouse, shop, cellar, yard, wharf, or other place, or any carriage, waggon, cart, ship, boat, or vessel, in which the same is suspected to be made, kept, or carried for such purpose as herein-before mentioned; and every person acting in the execution of any such warrant shall have, for seizing, removing to proper places, and detaining every such machine, engine, implement, and thing, and all such gunpowder, explosive, dangerous, or noxious substances. found upon such search, which he shall have good cause to suspect to be intended to be used in committing any such offence, and the barrels, packages, cases, and other receptacles in which the same shall be, the same powers and protections which are given to persons searching for unlawful quantities of gunpowder under the warrant of a Justice by an Act of the Imperial Parliament passed in the session holden in the twenty- third and twenty-fourth years of the Reign of Her present Majesty, chapter one hundred and thirty-nine, intituled "An Act to amend the Law concerning the Making, Keeping and Carriage of Gunpowder and Compositions of an explosive Nature and concerning the Manufacture, Sale and Use of Fireworks."
Punishment of principals
in the second
Other Matters:-
46. In the case of every felony punishable under this Ordinance, every principal in the second degree, and every acc.ssory before the fact,
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