provisions of any such proclamation as aforesaid, land, or dispose of, or cause or permit to be landed, or otherwise disposed of, such arms, gunpowder, and other warlike stores, or any part thereof, shall also, for every such offence, forfeit and pay any sum not exceeding £500, to be recovered in a summary way. And upon the conviction of any such master or person, such ship or vessel, with all her furniture and apparel, shall be forfeited to Her Majesty, and may be seized by any justice of the peace, or peace officer, or by any officer of Her Majesty's Customs, or by any person duly authorised and appointed by His Excellency the Governor. V. Every person who shall wilfully and knowingly, and contrary to the provisions of any such proclamation as aforesaid, sell, or dispose of any arms, gunpowder, or other warlike stores, shall for every such offence forfeit and pay any sum not exceeding £500, to be recovered in a summary way; and all arms, gunpowder, and other warlike stores so unlawfully sold or disposed of, shall be forfeited to Her Majesty, and may be seized in manner hereinbefore provided. VI. It shall be lawful for any justice of the peace to enter and search, or to grant a warrant to any person or persons to enter and search any house, place, ship, or vessel, where such justice shall from information on oath, have reasonable grounds to suspect any arms, gunpowder, or other warlike stores, to be deposited for any purpose contrary to this Ordinance. VII. In case of any conviction under the provisions of this Ordinance, where any person or persons shall appear to have been active in, or towards, the procuring of any such conviction, it shall be lawful for His Excellency the Governor to award to such person or persons such portion of the penalty recovered upon such conviction, but not exceeding in the whole one-half thereof, as to him shall seem meet. For the purposes of this Ordinance, the word "Governor" shall be taken to include the "Lieutenant-Governor," or "the Officer Administering the Government" of the Colony for the time being; and the word "vessel" shall be taken to include any "boat, barge, punt, or canoe." 10 Vic., No. 18.--An Ordinance to regulate the removal and the making and repairing of arms, gunpowder, and other warlike stores within the Colony of New Zealand. (a) [November 12, 1846. WHEREAS provision hath been made for regulating the importation and sale of arms, gunpowder, and other warlike stores, and it is expedient that restriction should also be placed on the removal, making and repairing of the same. Be it enacted by the LieutenantGovernor of New Zealand, with the advice and consent of the Legislative Council thereof, as follows: 1. It shall not be lawful for any person to remove, or cause to be removed from any one part of the Colony of New Zealand to any other part of the said Colony, either by inland carriage or coastways, any (@) CONTENTS: - Preamble. 1. Arms, &c., not to be removed without a license. 2. Penalty for removing. 3. Arms, on removal may be searched for and seized. 4. No person to repair, &c., arms, &c., without a license. 5. Penalty. 6. Not to prevent the repairing of arms for Her Majesty's land or sea forces. 7. Interpretation. 8. Commencement. arms or other warlike stores, or any gunpowder exceeding the weight of two pounds, without a license for removing and carrying the same, granted by some justice of the peace. Provided always that nothing herein contained shall extend, or be construed to extend, to prevent any person from carrying arms for the defence of his person, or for sporting, as by law he might before the passing of this Ordinance. II. Every person who shall remove, or cause to be removed, any such arms, gunpowder, or other warlike stores, contrary to the provisions of this Ordinance, shall for every such offence forfeit and pay any sum not exceeding fifty pounds, nor less than five pounds, to be recovered in a summary way. III. It shall be lawful for any justice of the peace upon information on oath to search for and seize, or to grant a warrant to any person to search for and seize, and for any officer of the navy on full pay, harbour master, officer of Customs, police officer, or constable, or for any other person acting in his or their aid and assistance, without such information on oath, to search for and seize all such arms, gunpowder, and other warlike stores, which shall be in progress of removal, or shall be removed without such license, or without preducing such license on demand of any such person as aforesaid. And all such arms, gunpowder, and other warlike stores so to be seized as aforesaid shall be forfeited to Her Majesty. IV. No person shall make, construct, amend, or repair any arms, gunpowder, or other warlike stores, without a license to be for that purpose granted under the authority of His Excellency the Governor. V. Every person who shall make, construct, amend, or repair any arms, gunpowder, or other warlike stores, without having obtained such license, shall for every such offence forfeit and pay any sum not exceeding fifty pounds, nor less than five pounds. VL Provided always that nothing herein contained shall extend to provent the removal, or the making or repairing of arms, gunpowder, and other warlike stores, by or on account of the New Zealand police force, or by or on account of Her Majesty's land or sea forces. VII. For the purposes of this Ordinance the word "Governor" shall be taken to include the "Lieutenant-Governor," or the "Officer Administering the Government" of the Colony for the time being. VIII. This Ordinance shall come into operation on the first day of January, 1817. 21 Vic., No. 38. - An Act to regulate the importation, sale, and other disposition of arms, gunpowder, and warlike stores. (a) [November 5, 1860.] DE IT ENACTED by the General Assembly of New Zealand, in Parliament assembled, and by the authority of the same, as follows:I. The short title of this Act shall be the "Arms Act, 1860," (a) CONTENTS :-1. Short title. 2. Interpretation of terms. 3. Act to be brought into force throughout the Colony by Order in Council. 4. Licenses under this Act may be made and issued. 5. Licenses may be revoked. 6. Lost license may be replaced. 7. Forgery of license, felony. 8. Governor in Council may order arms to be registered. 9. No person to act as dealer without a license: II. In the construction of this Act, the words and phrases following shall have the meanings hereby assigned to them respectively, unless there be something in the subject or context repugnant to such construction. The word "ship" shall include vessels of any description, whether employed on the high seas or on the coasts, and any boat, barge, punt, or canoe. The word "dealer" shall include a person whose occupation or trade is wholly or in part to manufacture, repair, amend, or render serviceable any arms, gunpowder, or warlike stores, as well as a person whose occupation or trade is wholly or in part to sell or deal in arins, gunpowder, or warlike stores. The word "possession" shall include custody, power, or control. The words "arms" or "arm" shall include any gun, pistol, or other fire-arm, and any sword, cutlass, pike, bayonet, or other instrument of war. The expression "aboriginal native" shall include half-castes and other persons of mixed race, living as members of any native tribe, and all aboriginal inhabitants of any of the islands of the Pacific Ocean. 10. Offence against such provision, misdemeanour. 11. Person desirous to have a dealer's license to make application to iicensing officer with statement of arms, &c. 12 Licensing officer or person authorised by him may enter and search house, &c., of applicant. 13. Penalty for incorrectness of applicant's statement. 14. Dealer to keep a record of arms, &c. 15. Penalty for breach of foregoing provisions. Wilful breach thereof a misdemeanour. 16. Dealer's book produceable in Court. 17. The issuer of licenses to keep a book containing a statement of contents of licenses issued to dealers. 18. Dealer's book to be compared with such book and with licenses, and with stocks of arms, &c. 19. If stocks of arms, &c., defective, dealer guilty of misdemeanour. 20. Licensing officer to make a minute of result of search. 21. Power to licensing officers to examine stocks of arms, &c., at any time. 22. Lending or borrowing arms for purpose of production, a misdemeanour. 23. Counterfeiting mark on arm. 24. Deceitiully marking arm. 25. Having in possession arm so marked. 26. Importation, &c., of arms, &c. 27. Landing arms, &c., from a vessel. 23. Selling, &c., arms, &c. 29. Selling one sort of arms, &c., under a license of a different sort. 30 Removing, &c., arms, &c. 31. Making, repairing, &c., arms, &c. 32. Dealer keeping excess in quantity of gunpowder. 33. Dealer having in possession excessive number of arms. 34. Persons holding arms under license failing to account for the same. 35. Fraudulently evading provisions of Act. 36. Receiving arms, &c., on board a ship from another ship. 37. Master to report arms, &c., on arrival. 38 Breach of foregoing provision a misdemeanour. 39. Ship found with less quantity of arms, &c., master to forfeit £500. 40 Ship may be searched. 41. Penalty on persons impeding officers searching ship. 42. Copy of Act to be delivered to master of foreign ship on arriving. 43. Proviso with respect to ships trading to Australian colonies. 44. Power to a justice of the peace or person with warrant of a justice of the peace to enter and search houses. 45. Arms, &c., reward may be subject. 46. Houses, &c, may be entered for the purpose of searching 47. Person committing a felony under this Act may be apprehended. 48. Governor empowered to declare what shall be deemed warlike stores. 49. Arms, &c., the subject of an offence under this Act, forfeited. 50. Questions about forfeiture may be decided in the same Court as the offence of which they shall be the consequence. 51. Forfeitures to be at the disposal of the Governor 52. Penalties, how to be recoverable. 53. Proceedings not to be removable by certiorari. 54. Specifications of ship not necessary in legal proceedings. 55. License may be proved by production of verified duplicate or production of register. 56. May be sued for by any person. 57. No limitation of actions. 58. Attorney-General may enter a nolle prosequi. 59. Provision respecting aboriginal natives. 60. Prosecutions for felony or misdemeanour to be by authorised person. 61. For felony. 62. For misdemeanour. 63. Fees to be paid. 64. Expenses of obtaining conviction. 65. Act not to apply to arms, &c., belonging to Her Majesty, &c., lawfully borne or possessed. Act not to extend to powder magazines. 67. Duration Act. 66. The expression "master of a ship" and the word "master" shall include the master of any ship foreign-going or coasting, and the person for the time being in charge, and the principal officer on board of any such ship. III. It shall be lawful for the Governor in Council from time to time to declare by Order in Council to be published in the New Zealand "Gazette" that from and after a day to be named in such order, this Act shall be in force in any Province within the Colony, and the same shall be in force accordingly: Provided always that the same shall be brought into force within every Province of the Colony before the first day of March, 1861. IV. It shall be lawful for the Governor by warrant under his hand from time to time to appoint persons to make and issue licenses in the forms or to the effect respectively set forth in the schedule to this Act (which persons are hereinafter designated and referred to as licensing officers), and any such persons at his pleasure to remove. And every such license may be granted subject to any special conditions or stipulations. V. It shall be lawful for the Governor or any person appointed by him for that purpose by notice in writing given to the licensee or left at his last known or usual place of abode, to revoke any such License, and after notice so given or left the license thereby referred to shall cease and determine. VI. Any such license which may bo proved to the satisfaction of a resident magistrate to be testified by writing under his hand to have been accidentally destroyed or lost, may be replaced by a licensing officer. VII. If any person shall forge, counterfeit, or alter, or cause to be forged, counterfeited, or altered, any such license or any signature to any license, or shall use or tender in evidence any such forged, counterfeited, or altered license or signature, knowing the same to be forged, counterfeited, or altered, he shall be guilty of felony, and any accessory before or after the fact to any such felony shall be liable to the same punishment as the principal. VIII. It shall be lawful for the Governor in Council by Order in Council to be published in the New Zealand "Gazette" from time to time to make and issue regulations for the stamping and marking of arms upon the first importation thereof into the Colony: and also of arms in the possession of any dealer: and also for the stamping and marking of arms previously unstamped upon the sale or transfer thereof; and also to make and issue regulations for the registration of the sale and transfer of arms. Every such Order in Council shall be in force from and after a day to be named therein. And every person who shall contravene any regulation made by any such Order in Council shall be liable to a penalty not exceeding five hundred pounds. IX. No person shall act, or pretend to act, as a dealer without a license in the form B in the said schedule. X. Any person who shall offend against the foregoing provision shall be guilty of a misdemeanour. XI. Previously to the issue to any dealer of a license as aforesaid, he shall make application in writing for such license to a licensing officer, and shall accompany such application with a true and full statement of all arms, gunpowder, and other warlike stores then in his possession. XII. Any licensing officer or any person authorised by him in writing may enter into the house and premises of such applicant, and may search the same for the purpose of comparing such statement with the actual stock of arms, gunpowder, and other warlike stores in the possession of such applicant. XIII. If any such statement made by any dealer shall be untrue or incorrect, he shall be liable to a penalty not exceeding one hundred pounds. XIV. Every such dealer shall keep a book, in the form C in the said schedule, and shall on the day to be named for the registration of arms, gunpowder, and warlike stores as aforesaid, enter therein a statement of all arms, gunpowder, and warlike stores then in his possession, and shall always thereafter truly and punctually enter therein a statement of all arms, gunpowder, and warlike stores received by him or coming into his possession, and of all arms, gunpowder, and other warlike stores sold and delivered or in any way disposed of by him or in any way going out of his possession. XV. For every breach of the foregoing provision or any part thereof any such dealer shall be liable to a penalty not exceeding one hundred pounds; and, in addition thereto, for every wilful breach of such provision or any part thereof such dealer shall be guilty of a misdemeanour. XVI. Any such book shall be produceable in any Court in any legal proceeding, and may be used in evidence either for or against any dealer. XVII. Every licensing officer shall keep a book containing a separate heading for each person to whom a license to deal shall be issued, and shall enter therein under the proper heading an account of all arms, gunpowder, and other warlike stores from time to time lawfully receivable and deliverable by each such dealer. XVIII. The book to be kept as hereinbefore provided by every dealer shall be examined at the expiration of every three months by a licensing officer, or by some person appointed by him for this purpose, and shall be compared with the book to be kept by the person making and issuing licenses and with the several licenses; and the stock of arms, gunpowder, and warlike stores in the possession of such dealer shall be at the same time examined and compared with such books and licenses. XIX. If upon any such examination and comparison or upon any examination and comparison under the general power hereinafter conferred upon licensing officers any deficiency shall be found in the stock of arms, gunpowder, and warlike stores lawfully in the possession of any such dealer, or if the same shall not correspond with the said books and licenses, such dealer shall be guilty of a misdemeanour. XX. A minute shall be made in each of the said books of the result of every such examination and comparison. XXI. Any such examination and comparison may in like manner be made as often and at such times as any licensing officer may think proper. XXII. Every person who shall with intent to deceive any licensing officer or any other person, lend or borrow any arms, gunpowder, or warlike stores for the purpose of being produced at any such examination as aforesaid of the stock of any dealer shall be guilty of a misdemeanour. XXIII. Any person other than the officers duly appointed for the purpose, who shall stamp or mark, or cause or procure to be stamped |