or marked, any arm with any mark or number resembling or intended to resemble either wholly or in part any mark or number made or impressed upon any arm pursuant to any regulations in that behalf made by the Governor in Council, shall be guilty of felony. XXIV. Any person who shall stamp or mark or cause or procure to be stamped or marked or aid in stamping or marking any arm with any mark or number with the view to induce in any person the belief that such arm has been registered and marked as provided by this Act, or for the purpose of deceiving any person in any manner, shall be guilty of felony. XXV. Any person who shall knowingly and without lawful excuse (the proof whereof shall be on the person accused) have in his possession any such arm so marked or stamped as stated in the two last preceding sections shall be guilty of a misdemeanour. XXVI. Every person who shall import or bring into the Colony or any part thereof any arms, gunpowder, or warlike stores without a license in the form D set forth in the said schedule shall be guilty of a misdemeanour. XXVIL. Every person who shall with or without price or reward land from on board a ship or dispose of from a ship on the seas within the limits of the jurisdiction of the Government of New Zealand any arms, gun powder, or warlike stores without a license in the form D set forth in the said schedule shall be guilty of a misdemeanour. XXVIII. Every person who shall sell or dispose of with or without price or reward any arms, gunpowder, or warlike stores to any person whomsoever, without a license in the form A in the said schedule shall be guilty of felony. (a) XXIX. Every person who, possessing a license to sell or dispose of one sort or description of arms, gunpowder, or warlike stores, shall sell or dispose of another sort or description of arms, gunpowder, or warlike stores, making or pretending to make such sale or disposition by virtue of or in pursuance of such license shall be guilty of a misdemeanour. XXX. Every person who shall remove or cause to be removed or attempt to remove or assist in removing from one place in the Colony to any other place in the Colony either by inland carriage or coastways any arms, gunpowder, or warlike stores, without a license in the form A set forth in the said schedule shall be guilty of a misdemeanour : Provided that this provision shall not extend to any person carrying arms for the defence of his person or for sporting. XXXI. Every person who shall make, construct, amend, repair, or render serviceable any arms, gunpowder, or warlike stores without a license form in the form C in the said schedule or at any place other than the place mentioned in such license as his place of business, shall be guilty of a misdemeanour. (b) XXXII. Any person who, without a license in the form A in the said schedule, being a dealer, shall have or keep at any one time more than fifty pounds weight of gunpowder, and not being a dealer shall have or keep more than ten pounds weight of gunpowder, in any place other than some public powder magazine shall be guilty of a misdemeanour. XXXIII. Every person who, being a dealer, shall have in his possession a greater number of arms ihan he shall be authorised to have by licenses proving legal possession by him shall be guilty of a misdemeanour. (a) See Sec. 3, 30 Vic., No 3, p. 31. (b) See Sec. 3, 24 and 25 Vic., No. 17, p. 31. 1 XXXIV. In all cases in which a license has been or may hereafter be issued by the authority of the Governor authorising the sale of arms to or the purchase or importation of arms by a person named in such license upon condition that such arms be retained for the personal defence or otherwise for the personal use of such person, it shall be lawful for any two justices of the peace, upon the application in that behalf of a licensing officer to summon such person to attend before them at a time and place to be named in the summons, and there and then, either to produce such arms, or a proper license authorizing him to sell or dispose of such arms, or otherwise to account for his non-possession of such arms to the satisfaction of such justices, and in case such person shall fail so to attend and to produce such arms or otherwise to account as aforesaid for his non-possession of the same, he shall be liable to a penalty not exceeding one hundred pounds. XXXV. Any person who shall make, do, or practice or be concerned in any fraudulent act, contrivance, or device whatsoever, not specially provided for in this Act, with intent or design to evade or render inoperative any of the provisions of this Act, shall be guilty of a misdemeanour. XXXVI. Every person who, being the master of or a person on board of, any coasting ship or ship on a coasting voyage, shall knowingly receive on board such ship from another ship, either at sea, within the limits of the jurisdiction of the Government of New Zealand, or in harbour, any arms, gunpowder, or warlike stores without a license in the form D in the said schedule shall be guilty of a misdemeanour. XXXVII. The master of every ship arriving in any port or place in the Colony from across the seas or from any other port or place in the Colony, shall deliver to the officer of Customs, who shall first visit such ship after such arrival, a statement in writing, signed by such master containing a true account of all arms, gunpowder, and warlike stores on board such vessel; and if no officer of Customs shall within two hours after such arrival, visit such ship, the master shall within twentyfour hours after such arrival, deliver such statement to an officer of Customs on shore at such port or place; and if there be no othcer of Customs at such port or place, the master shall within such period of twenty-four hours deliver such statement to a justice of the peace, if there be one accessible. XXXVIII. If the master shall wilfully fail to make such report, or if he shall wilfully make a false report of such arms, gunpowder, and warlike stores, he shall be guilty of a misdemeanour. XXXIX. If any ship shall be found within the limits of the jurisdiction of the Government of the Colony with a smaller or a different quantity or description of arms, gunpowder, or warlike stores on board, than may be proved by any such statement or otherwise to have been on board such ship at any time previously within the said limits, and the master shall be unable to give an account of the disposal, according to law, of such deficient or different arms, gunpowder, and warlike stores, such master shall be liable to a penalty not exceeding five hundred pounds. XL. Any officer of Customs and any justice of the peace and any officer of the navy on full pay, either alone or with other persons employed by him respectively, may at any time and at any place within the limits aforesaid, go on board any ship and rummage and search the cabin, and all other parts of such ship for arms, gunpowder, and warlike stores. XLI. Any master or other person preventing or impeding any officer of Customs or justice of the peace or any officer of the navy on full pay, or other person employed by either of them in the execution of the powers conferred by the foregoing provision, shall be liable to a penalty not exceeding one hundred pounds. XLII. The chief officer of Customs at any port shall as soon as may be after the arrival at such port of any ship from across the seas deliver or cause to be delivered to the master of such ship a copy of this Act, for which the master shall give a receipt in writing; and if default be made in such delivery, or if the master shall refuse to give such receipt, the chief officer so neglecting or the master so refusing shall be respectively liable to a penalty not exceeding fifty pounds. XLIII. Provided that it shall not be incumbent upon such chief officer to deliver or cause to be delivered such copy more than once to the master of any ship known to be a regular trader between this Colony and the Australian colonies, so long as she shall continue in such trade. XLIV. It shall be lawful for any justice of the peace upon information on oath to enter and search, or to grant a warrant to any person to enter and search, any ship, house, or place where such justice shall have reasonable grounds to suspect any arms, gunpowder, or warlike stores to be deposited for any purpose contrary to this Act, and to seize and detain any such arms, gunpowder, or warlike stores, until a resident magistrate or two justices of the peace shall have decided whether the same are the subject of any offence under this Act. XLV. It shall be lawful for any justice of the peace upon information on oath to grant a warrant to any person to search for and seize, and for any officer of the army or navy on full pay, harbor master, officer of customs, police officer, constable, or peace officer, or for any other person acting in his or their aid or assistance, to search for, and seize, all arms, gunpowder, and warlike stores which shall be in progress of removal, without such license as aforesaid, or without such license being produced on demand of any such person as aforesaid. XLVI. Any justice of the peace who may have reasonable ground for making such search as aforesaid, and any person holding a warrant from a justice of the peace directing a search to be made, and any person acting in his aid or assistance may enter into any house or place at any time, in order to effect such search, and in case admittance shall be refused to such justice of the peace, or other person, or shall not be obtained by them within a reasonable time after it shall have been first demanded, then may enter by force into such house or place, in order to effect such search. XLVII. It shall be lawful for any person whomsoever to seize and apprehend any person in the act of committing any of the offences hereinbefore declared to be felony or a misdemeanour. XLVIII. It shall be lawful for the Governor, by proclamation published in the New Zealand "Gazette" from time to time, to declare what articles shall be considered as warlike stores for the purposes of this Act, and also for the purposes of an Ordinance of the LieutenantGovernor and Legislative Council of New Zealand, passed in the sixth session of the said Council, intituled "An Ordinance to empower the the Governor of New Zealand to regulate the importation and sale of arms, gunpowder and other warlike stores." XLIX. All arms, gunpowder, and warlike stores which may be the subject of any offence hercinbefore created, described, or mentioned shall be forfeited to Her Majesty. I. All questions respecting forfeitures under this Act may be heard and decided by the Court where the proceedings of which they shall be the subject shall have been heard and determined or by two justices of the peace. LI. All forfeitures under this Act shall be applied and disposed of for the public uses of the Colony as the Governor may direct. LII. All penalties under this Act shall be payable to Her Majesty her heirs, and successors, for the public uses of the Colony, and shall be recoverable by action in the Supreme Court, or in a summary way before any two justices of the peace Provided that it shall not be lawful for any such justices of the peace to impose or adjudge a penalty exceeding £100 for any offence against the provisions of this Act, nothwithstanding that such offence may by the provisions of this Act be punishable by a penalty exceeding £100. LIII. No proceeding under this Act for any penalty before any justice of the peace may be removed into the Supreme Court by writ of certiorari or otherwise. LIV. In all informations and other legal proceedings under gections 30 and 36 it shall be sufficient to allege and to prove that such transshipment was from one ship to another ship on a coasting voyage without naming or identifying the first named named ship, and to aver and prove that such removal or attempted removal was from one place in the Colony to another place in the Colony without naming or identifying such places or either of them. LV. The issue of any license for the importation, sale, or purchase of arms, and the contents of such license, may be proved by the production of a duplicate of such license, verified by the signature of the Commissioner of Customs, or of a licensing officer, or by the production of any register of arms kept in pursuance of any Order in Council made under the authority of this Act, or of any extract from any such register certified by the officer charged with the duty of keeping such register. LVI. All prosecutions in a summary way under this Act for any offence against the provisions thereof, or for any act or neglect by this Act declared to be an offence, may be commenced, prosecuted, and completed by any person whomsoever. LVII. There shall be no limitation of time for the prosecution or commencement of any proceedings under or by virtue of the provisions of this Act. LVIII. It shall be lawful for the Attorney-General at any step of any proceedings for an offence under this Act, to enter a nolle prosequi, or to discontinue any proceedings in any Court or before any justice of the peace, and thereupon all further proceedings shall be stayed in such prosecution. LIX. No aboriginal native shall be convicted of any offence under this Act, except on the information or complaint of some oflicer duly authorized in that behalf by the Governor by writing under his hand. LX. No indictment or information shall be preferred or proceedings instituted against any person for an offence declared by this Act to be a felony or a misdemeanour, except by or at the instance of a person duly authorised either generally or specially in this behalf by the Governor by writing under his band. LXI. Every person convicted of felony under the provisions of this Act, shall be liable to penal servitude for any term not exceeding six years, and not less than three years. (a) LXII. Every person convicted of a misdemeanour under this Act, shall be liable to imprisonment with or without hard labour for any term not exceeding three years, and to a fine not exceeding five hundred pounds, at the discretion of the judge. LXIII. There shall be paid to the licensing officer the fees set forth in the said schedule, to be paid by him to the Colonial Treasurer, for the public uses of the Colony. LXIV. In case any person shall have incurred any expense or loss of time in or about the procuring of the conviction of any person for an offence declared by this Act to be a felony or a misdemeanour, it shall be lawful for the Governor to award to such person out of the ordinary revenue of the Colony his reasonable costs and expenses incurred as aforesaid, not exceeding in amount one hundred pounds. LXV. Nothing herein contained shall be deemed to apply to any arms, gunpowder, or warlike stores, the property of Her Majesty or of the General or any Provincial Government of the Colony, and lawfully borne or possessed by or on account of Her Majesty's land or sea forces or by or on account of the New Zealand police force, or by or on account of any person acting under or by virtue of any law for the time being in force for the regulation of militia or volunteers within the Colony, or to any person importing, having, bearing, removing, making, repairing, or dealing with or disposing of the same or any of them under proper authority. LXVI. Nothing herein contained shall extend to the keeping of gunpowder at any public powder magazine. LXVII. This Act shall only continue in force until the end of the nevt session of the General Assembly: Provided always that all persons having committed offences under this Act during the time that the same shall be in force, shall and may be prosecuted, convicted and punished notwithstanding the repeal or expiration of this Act. (b) Colony of New Zealand, Mark and No. of arms within of SCHEDULE. FORM A. ARMS ACT, 1860. (if any) settler, days from the date hereof, to sell, or dispose of, to C. D. settler, [or to remove, or have in possession, or otherwise as the case may require,] the undermentioned arms, gunpowder, or warlike stores, viz. :— Dated the (2 lbs. of sporting gunpowder.) day of N.B. This license will be void, and may not be exercised after the expiration of seven days from the date thereof. If the license is "to have in possession," the limitation of time must be omitted. (a) See Sec. 3, 30 Vic., No. 3, p. 31. |