Section 1860. ;,~irenrm

Section 1860 V. No person shall manufacture, repair, or sell, or keep or expose for sale, hlanufacturillg or dea,l-[any arms of the description hereinafter mentioned, or shall ] ing in arms and ammunition m-ithout license manufacture'or sell, or keep or eqose for sale, percussion prohibited.. caps, sulphur, gunpowder, or other ammunition, except under a license to inaimfacture or deal in arms or percussioll caps, sulphur, gunpowder, or otller a~uwuiiilion, as tlze case may be, and Penalty. any person wh6 shall manufacture, repair, sell, or keep or expose for sale, any of such arms, or any percussion caps, sulphur, gunpowder, or other ammunition without such License as aforesaid, or contrary to any of the conditions contained in such License, shall be liable to a fine not exceecling five hundred Rupees, or to imprisonment wit11 or without hard labor for a, period not exceeding two years, or to both fine and imprisonment, and all arms, percussion caps, sulphur, gunpowder, or other ainmunition belonging to the offender shall be foifeited if the Court or Officer before mhonl the offender is convicted shall so adjudge. VI. ' The following are the arms referred to in Section V, namely, fire-arms, bayonet,, sword, dagger, spear, Specification of arms reto in Section Tr. and spear lzead. ACT No. X X X I o~ 1860. 17111, Licglses under the last preceding Section s11di be in the fom prescribed by tile Govel710r-General of India ill Form &c. of license. Council, and shall be eng~ossed on a stamp paper of the value of ten Rupees.[The s t m p paper shall ][be ][funlished by tlie pzrson ] for the license.[A ][separate license shall be taken out for tlie sale of sulphur. ] IX.[Every person to who111 such liceilse shall be granted shall affix a board ] " `A` ill a ,conspicuous part of his shop or usual place of business, Licensee `to` affix a board in a conspicuous part of llis and sllall cause to be painted tllereoil in large letters ill shop. the ~erilacular of the District the ~vords " Licensed to 1liai~ufacture or deal in arnis or perc,xission caps, sulphur, gnnl2o~vcler, or other an~munition," as the case may be. X. If any person to ~vhoni such license shall be granted shall omit to put up a boasd inscribed as above in a conspicuous part of Penalty for omission. his shop or usual place' of business, lie shall be liable t,o a fine not exceeding one hundred Rupees. and Section 1860 XV. The Ma,gistrate or other Officer authorized by Government as aforesaid may at ally time enter the premises in which anns, perBIagistrate or other OKcer may inspect dealers' cussion caps, sulphur, pnpowrler, or other ammunition shall premises. be manufactured or kept by any licensed manufacturer or dealer in arms or percussion caps, sulphur, gunpowder, or other aminuilition, in order to inspect the stock-in-trade of such manufacturer or dealer, and if any such manufacturer or dealer shall intentionally conceal from such Magistrate or other Officer as aforesaid ally part of his stock-in-trade, or shall wilfully refuse to point out where the same is kept, he shall be liable to a h e not exceecli~~g five huildred Rupees, or to imprisonment with or ~vithout hard labor for a period not exceeding two year< or to both fine and imprisonment, and any arms, percussion caps, sulphnr, gunpowder, or other anlnlunition belonging to such person may be seized and shall be confiscated if the Magistrate shall so adjudge. ' XVI. Any license granted under the provisions of Section VII inay be Reyocation of license to[granted subject to such conditions as shall be thonght ] maiiufacture or deal in necessaq., and may be revoked or suspencled by the Officer arms `or` ammunition. authorized to grant sllcll liceilses whenever he inay think fit. XVIII.[If any person shall import or attempt to llvport witliout such ] Penalty for importation[license either by sea or by lni~d into m y part of the said ter- ] without license. ritories, ally canizon, howitzer, or mortar, or any arms, percussioli caps, sulphur, saltpetre, gniipowder, or other ammunition, or shall aid or assist in suc:ll illzportation or iii such atteml>t to import, or sliall kino~t-higly conceal or assist in colzcealing any cannon, howitzer, or mortar, or ally arms, percussion caps, sulphur, saltpetre, gunpowder, or otlier ammunition, imported witl~out sucli license, he sliall be liable to knprisonment with or without hard labor for any term iiot exceecliilg three years, and also to a fine not exceeding one tEiousalid Rupees, ancl tlze articles so imported shall be colzfiscatecl if' the I Magistrate shall so acijuclge. 4% ACT No.' XXXI OF 1860. Government.. Section 1860 XXIII. If any person shall transport ,. or . cause to be trall~poded or shall Pella,tr for prohibited att,einpt to transport"or cause to be tralls~orted, or shall aid trawport. ill t,ra,nsporting a.11~ ams, military stores, lead, sull)11~, saltpetre, g~~~lpowder, or other ammunition, contrary to such order, or to rides and conditions specified tllerein, he shall be liable to a fine not exceedirlg five hundrecl Itupees, or to imprisonmerit wit11 or. . . without hard labor for a l~eriocl not esceecling three years, or to both h e and imprisonment,, and the articles transport. ed or attempted to be transported shall be confiscated. If any person shall by conce transport or ca.use to be transported, or attempt to transport or cause to be transporteh, such anns, milita~y stores, lead, solphul; saltpetre, gunpowder, or other . amm~ulition, . he shall, in addition to the fine hereby provid. ed, be liable, upo& conviction, to irnprisollment ~vitl.i"or without hard labor for a tern1 not exceeding seven sars. XXIV. Nothing Tn the last two preceding' Sectio~is sliall \extend to a,mls, percussion caps, gunpowder, and other ammunition transported by. any person in reasonable quantities for his own private use in any District or place not ordered or lia.ble to be disarinecl under Section XXXII of this Act. ~rovisidns of two preceding Sections not to apply to Districts not ordered or liable to be disarmed under Section XXXII. Persons conveying arms, amninunitioll, kc. under suspicious circulnstances may be apprehendedwithout warrant. c?l:{,y~;,,> i; ACT KO. XXXI OF 1860. gietrate or other Officer competent by law to punish hi~n for tliC offence or to commit hiin for trial. Section 1860 % % XXTTI. If any person shall go armed with or carry any anns of the clePenalty for going armed[scription mentioned ][in ][Section ][d b f ] . >[ihis Act without having ] or license. carrying arms\vitl~ont a license. carrying arms\vitl~ont a carrying arms\vitl~ont a obtained a license from a BZa@jtiite or other Officer . , l authorized by the Governor-General of India in Council or the local Government authorizing h s, he shall be liable to be disarinecl by a.ny Magistrate, Joi uty ~agistrate, oi Assistant to a Masistrite, or by a Police 0 eilt of such ~agisk-ate or other Officer as aforesaid it is dang ace to allow such person to ,go armed or to carry or license. carrying arms\vitl~ont a license. carrying arms\vitl~ont a carrying arms\vitl~ont a Exemptions. , , Officers, Non-Cmlmissioned Officers, Warrant Officers, Soldiers, and Sailors Nanin the Military or Navd Service of Her Majesty, in respect of arms and armnunitioii kept by them for use iu tlie public service. Commissioned, NanCommissioned, and Warrant Officers, Soldiers, and Sailors. Members of Volunteer Corps in respect of such arins and an~inunition. Volunteers. Police and Revenue Officers and other persons in respect of arms and Police and Revenue Ofan~munition f~~rnislied by Government for use in the public ficers. service or provided by themselves with tlie saizctioil of Government for such use. Section 1860 Such other persoils a8 the local Government may Other persons. think fit b exei~ipt from such provisions. XXVIII. Iiiceilses to cai-ry arms may be granted by any Rla,$st;l.ate or - Grant and revocation or[otSller Officer specially authorized by the Governor-General ] suspewion of licerlses to of India in Couilcil or the local Gove~nmeli t ,o grmt suc11 carry nrnls. licenses, and 1 1 1 q be revolied or suspei~decl by ally Oflicer autlrorizecl to grant E U C ~ liwiise -\~.he~ever lic ~nfiy t'liink fit. Section 1860 XXI. m~llenever a Magistrate sha1l.lzave reason to believe diat any persol1 residilzg mitliin the li~ilits of his juiisctiction lias in his poFses- q.rcl~ anrl seizure of alld allullnilition in sioil ally arim of the description illentioiled in Sectio~~ VI this Act, or percussion caps, sulphur, gunpowder, or other. 2Lmlllullitio~~ for a.11~ unlawf~d 11url10" Or that such 11arsoii cannot ill the jndglllellt of the JZagistrwte be left in the possession of any suc.11 arms, percussion cap" sulphur, gunpowder, or other a~ninuilition ~vit,hout danger to thc public peace, it sl~all be lawful for sncl~ Magistrate, having first rzcorded the p-omlcls of his belief, to cause a searc.11 to bc inacle of the house or premises occ~~pied by such persol1 or on which the &Ia.gi.st.ra.te ina,y have reason to believe such arms, percnssion cal~s; sulphur, guilpowcler, or ot.11er ammunition are to be found, slid to seize a,ncl to detain the same in safe custody for such time as lie may cleem necessary. The sea,rcli i11 such case slia.11 be concluctecl by or in the presence of the Mato be s~ecially empowered by Government. . . 2. 111 every sncll Province, District, or place as well as in aiy arms of the clescription ~liciltioned in Sect;ion 1 . 3. - [ . , ~ ~ : ~ , l l ~ i ~ ~ ! . ACT No. XXXI OF 1860. CZazve 3.[Licenses to have in possession any arms of the description men- ] tiol=d In Section V I or percussioll caps, sulphur, gunpowGrant of licenses, kc. der, or other ammunition may be g~anted by any Magistrate or other Officer specially by the Governor-General of India in Council or tlie local Government to grant such licenses, and may be revoked or suspended by any Officer authofizized to grant such licenses whenever he niay think fit. The license shall be in the form prescribed by the Governor-General of India in Council or by the local Government. Section 1860 Clause 4. If any person shall have a license from the Magistrate of the License to travellers to[District or place at which he resides, or may be, to carry on ] carry arms. a journey such arms `as` the Magistrate may consider reasonable for his private use, and shall obtain from such Magistrate a license stating the name and address of such pe~ssq9, t& route by which he intends to proceed, the time which such journey is expected to occupy, and the arms which he is to carry, such license shall have the same force and effect, according to its tenor, in every District or place specified therein, as if leave to go armed had been granted by the Magistrate of such District or place. Clause 5. In every Province, District, or place which shall be orclered Publication of order for[to be disarmed, the order of the Governor-General of India in ] disarming. Council or of the local Government shall be published in the Calcutta Gazette or in the Gazette in whicli the orders of the Governor-General of India in Council or of the local Government making the order, as the casc may be, are usually published, and shall also be niade public in such otlier manner as the Governor-General of India in Council or the local Government shall direct. Section 1860 Clause 6. Every person who, after tlie expiration of the tinle mentioned in such order in any Province, District, or place to which Penalty. this Section shall be extended, or who after the 1st day of October 1860 in any Province, District, or place in which ail order for a general search for arms has beell issued and is s t 3 in operatioil as aforesaid, shall have in his possession or custody any such arnls as aforesaid or any percussion caps, sulphur, gunpowder, or other all~munition without such license as aforesaid, shdl be liable to be iml~risoned wit11 or ~vit~hout ]lard labor for a. tcrm not exccecGng two years, ancl also to a fine not exceeding one tliousarld Rupecs, and it sliall la\vful for the hllagistrntc or otllcr OfGccr laoiltioiled in thc order to , ~ c ~ ~ a ~ ] ~ or cause to l ~ e sexclied any hou~e or premises occupied by eucll pcrsoli, or ill T\,llic!l ACT No. XXXI OF 1860. the Magistrate may have reason to believe that a.ny such arm, percussion caps; sulphur, gunpowder, or other a.nlmunition are concealed. eluuse 7. The seardl shlnll be ~0lldu~tcd by or in the presence of the Magistrate or by or in the presence of a Joint or Deputy Search. MagistraLe ur European Assistant, or by or in tile presence of some European Officer, Civil or Military, appointecl by Govenlment to conduct such searcl1es ; and all such arms,, percussioii caps, s u l l ~ h ~ , gullpowder, and other ammunition found on such search shall be confiscated. hard labor for a term not exceeding two years, and also to 'a fine not exceedi~l~ CI `??LC!` . , ACT So. XXXI OF 1860. the Magistrate, Joint Magistrate, or other Officer as aforesaicl is competent to award under the laws for the time beilIg ill force in the Presidency or place in \+-hidl S U C ~ BIagistra,te, ~ iMaoistrate, or other Officer as aforesaicl is employ- `b` i ~ ~ ed. When the period of &prisonment provided by this Act exceeds the period that may be awarded by such l\IIagistrate, Joint Magistrate, or other Officer as aforesaid, the offender sl~all be colnmitted for trial before the Sessions Judge, if the evidence given before such Magistrate, Joint Magistrate, or other Officer as aforesaid shall appear to such Magistrate, Joint Magistrate, or other Officer sufficient for the coi~tiction of the accused. Section 1860 XXXVI. Except as aforesaid, all offences declared to be punishable l)istrict in certain under this Act with fine, or fine and imprisoll~llent, may offencessllau be tried. be tried `in` the District or place in ~vhich the offence was co~niixitted, or in wllicli the peison ame is apprelienclecl. SXXVII. A Magistrate lsioll any charge of an Magistrate may refer offence 11 by fine only, to any of his offences punishable with fine `to` his Mistants for[Assistank, and ][in ][such ][. ][case every such Assistant may ] trial. exercise all the powers vested.in a Magistrate by any law for the time being in force, subject to all the rules applicable to criminal cases deputed to such Assistant acting judicially. XXXVIII.[The local Government may give general authority to ] ally such Local may Assistant to exercise, without reference by a Magistrate, any authorize Assistants to ex,chpo,er,,i,h ,,, of t'he powers which they are hereby rendered competent reference by Nagistrate. to exercise upon reference by a Magistrate, subject to appeal to the Magistrate from any coilviction by such Assistant within one month from the date of convictioii. XXXIX. A Magistrate may at any time call from hidgistrate may call for ally Gase ~elldi~uz bcforc any of his Assistants, any case peildiiig before such assistant,^. such histant. XLII. No conviction, order, or judgment under the last preceding Section shall be quashed for error of form or procedure, but only Conviction to be quashed on merits oldy. on the merits; and it shall not be necessary to state on the face of the conviction, ordei; or judgment the evidellce on Section 1860 wllich it proceeds, but the depositions taken, or a copy of them, shall be returned with the conviction, order, or judgment in obedience to any writ of ce~tiol-ari, and if no jurisdiction appears on the face of the conviction, order, or judgment, but the depositions taken, supply that defect, the convictioi% order, or judgment shall be aided by what so appears in such depositions. XLIII. All other offences punishable under this Act which shall be commit- A], othelted within the local limits of any Court of Judicature estanitted within limits of Supreme Court punishable by[blished by Royal Charter, shall be puilishable by such ] such COIW~. Court, XLIV. ' All forfeitures or penalties imposed under the authority of this of forfeiture and Act for offences punishable by any Magistrate of Police penalties by distress. or by any Magistrate, or person lamfully exercising the powers of a Magistrate, or Assistant Magistrate, may, in case of non-payment thereof, be levied by distress and sale ofthe goods and chattels of the offender by warrant under the hand of any of the abovenamed Officers. ACT No. XXXI OF 1860. Section 1860 XT,T;T. IS upon the returiz of such 1vit11-ant it shdl appear that no sufficielit such fine, and tlze ~anie fine, and tlze ~anie and tlze ~anie tlze ~anie ~mprisonment, if distress[distress can be ][had ][whereon to l;i?v ] not sufficient. shall not be forthwit11 paid, or in case it shall appear to the satisfaction of suc11 Officer, by the confession of the offender or btllererwise, that lie lias not sufficient goods and cliattels whereupon such fine or suin of money could be levied if a warrant of distress were issucd, any[such Officer ] may, by warrant under his hand, colanut the offender, provided he is not `ii,` European British subject, to prison, there to be imprisolled, accorhng to the discretion oi' such Officer, fur ally tcrnl not ex-cc..r,ding two calendar months when the amount of fine shall not excced fifty Rupees, and for ally tern1 not exrcerc'ling four calendar momtlis when tllc aizio~~it sl~d1 not cxceed olic hulidred Rupees. and for any term not exceeding six caleildar months in any other case, tllc commitment to be cleterminable in each of tlie cases aforesaid on payment of the amount. such fine, and tlze ~anie fine, and tlze ~anie and tlze ~anie tlze ~anie XLIX. No suit, action, or other proceeding shall be co~nmenced or prosecutNotice and lilnitatioll of ed agtil~st any person for any tlliiig dolie in pl-~rsuance of suits, tlGs Act without giving to such person a inolzth's previous notice in writing of t.lle intended action and of the cause thereof, nor after the erpiratiull of thrcc nioiitlis from tllc accrual of the cause of action or other proceeding. P ( I 01 I ACT No. XXXI OF 1860. or any; bf the psp~&&ijg~~b$s: - .,.% ,.- @fa$ +&t any part or parts of any District act the salne ce ; and'.h like. ~&~1~,~~&o~c&~&":%h"itf.l I"Fd-LFt require, to suhjjl to the operation of " r.kqW- y p *y;U~f,i& s , M x provisio~~s of this Act. - *<- *<- LI: " N i & ~ g ,- in this Act shall be construed to alter or affect the Provisions of any lev or other Regulation for the time being force relating to Licenses. ~ c t ' n o t intended to alter or affect any other law relatmg to ll$enses. 1 Whenever an award of hard labor is made under this Act tlie Court , , ,,, `m,,,`[shlf notco-ute ] such labor to the yag~nent of a fine under commutable to fine. Act be granted by a Magistrate may Gtant of licenses in Pre. 0 1 ~ s ba granted by a Comn~issioner of sidency Towns. Police. Section 1860 Lm.[The word ][" ][India ][" ][in ][this Act shall mean the Territories which a e ] Interpretation of t.he or may become vested in Her Rgajesty by the fBatute 2 1 `L L` India." and 22 Vic. c. 106, entitled "An Act for the better Government of India. " LJT.[The first Sectioi~ of this Act shall take effect from the passing thereof ] and all the rest of this Act shall take effect from and after Commencement and duration of Act. the 1st day of October 1860. This Act shall continue in