Fire Arms (Manufacturing.) [53 G. 3. c. 115.55 G. 3. c. 59.] By 53 G. 3. c. 115. after reciting that whereas serious injuries 53 G. 3. c. 115. are frequently sustained by persons using guns, fowling pieces, blunderbusses, pistols, and other fire arms, from the bursting thereof, in consequence of the barrels of such guns, fowling pieces, blunderbusses, pistols, and fire arms not having been sufficiently proved; and that it is therefore expedient that the manufacturers of fire arms should be compelled to prove the same at some place appropriated for that purpose as a public proof house: And whereas great quantities of fire arms and barrels for fire arms are manufactured in the town of Birmingham and the vicinity thereof, and it would tend to the safety and security of the public if a proof house for fire arms, under proper superintendence and inspection, were to be established in or near the said town: it is enacted, that no barrel shall be used in the making or manufacturing of any gun, fowling piece, blunderbuss, pistol, or other description of fire arms usually called small arms, unless the same shall have been duly proved at the proof house of the gun makers company in London, or at the proof house to be established under the provisions of this act, or some proof house belonging to his majesty, or other proof house established as a public proof house by law; and which public proof houses his majesty is hereby authorized and empowered to establish in such places, and under such regulations as to the care and management thereof, as his majesty shall think fit. Barrels of fire arms not to be used, unless the same are duly proved. § 2. Every person who shall use, or cause or procure to be used Penalty on perany barrel in the making, manufacturing, or finishing of any gun, sons using or fowling piece, blunderbuss, pistol, or any other description of fire selling barrels arms as aforesaid, or who shall sell or cause to be sold not duly proved. barrel any for the making of any gun, fowling piece, blunderbuss, pistol, or other description of fire arms, which shall not first have been duly proved, and marked as proved at the gunmakers company's proof house in London, or at the proof house to be established under the provisions of this act, or some proof house belonging to his majesty, or other public proof house established as such by law or by his majesty, shall forfeit and pay for every such offence any sum not exceeding 20l. to be recovered as herein-after mentioned. § 3. Nothing in this act contained shall extend to Scotland or Ireland, to arms for his majesty's forces, or the East India com pany. § 4. 5. 6. Relate to the establishing a gun barrel proof house and corporation in the town of Birmingham. §7. All barrels brought to the said proof house shall be proved with powder of equal quality as that used by the board of ordnance, and according to a certain scale specified; when so proved, such barrels to be marked as described. §8. Relates to the appointment of a prover at Birmingham. But by 55 G. 3. c. 59. after reciting that whereas the powers and provisions of the 53 G. 3. c. 115. have been found defective and insufficient for the purposes thereby intended, it is enacted, § 1. That every person who shall use or begin to use, or cause or procure to be used, or to be begun to be used, either by ribbing, break-off fitting, rough-stocking, or other process, in any progressive state of manufacture in the making, manufacturing, or finishing of any gun, fowling piece, blunderbuss, pistol, or other description of fire arms, usually called small arms, any barrel which shall not have been duly proved and marked as proved at the proof house of the company of gun makers of the city of London, or at the proof house established under the provisions of the said recited act, (so long as such respective proof houses shall be maintained for proving and marking the barrels of fire arms) or some proof house belonging to his majesty, or other proof house to be established as a public proof house, (and which public proof house his majesty is hereby authorized and empowered to establish under such regulations, as to the care and management thereof, as his majesty shall think fit), shall respectively forfeit for each and every barrel so used or begun to be used, or caused or procured to be used, or to be begun to be used, any sum not exceeding 201. to be recovered and applied as herein-after mentioned." § 2. "Every barrel for the making of, or proper or applicable for the making of any gun, fowling piece, blunderbuss, pistol, or any other description of fire arms, usually called small arms, shall be sent immediately from the manufacturers themselves to the proof house of the company of gunmakers of the city of London, or to the proof house established under the provisions of the said recited act, (so long as such respective proof houses shall be maintained for the proving and marking the barrels of fire arms), or some other proof house established by law, before the same shall be delivered, or caused or procured or permitted to be delivered or sent for sale, or under pretence of sale, or be removed, consigned, or transmitted, or caused or procured to be removed, consigned, or transmitted for sale, or under pretence of sale, to any person whatsoever; and from and after the passing of this act, every person who shall deliver or send, or cause or procure to be delivered or sent for sale, or under pretence of sale, or who shall remove, consign, or transmit, or cause or procure to be removed, consigned, or transmitted for sale, or under pretence of sale, any barrel for the making of, or proper or applicable for the making of any gun, fowling piece, blunderbuss, pistol, or any other description of fire arms usually called small arms, from the place where the same shall have been manufactured, which shall not have been first duly sent to the proof house of the said company of gunmakers of the city of London, or the said proof house at Birmingham, or some other proof house established by law, to be proved and marked under the provisions of the said recited act, shall forfeit for each and every barrel so sent, or caused or procured to be sent for sale, or under pretence of sale, or removed, consigned, or transmitted, or caused or procured to be removed, consigned, or transmitted for sale, or under pretence of sale, any sum not exceeding 201., to be recovered and applied as herein-after mentioned." 66 § 3. Every person who shall take or receive, or cause or procure to be taken or received, or permit or suffer to be received on which shall not have passed the proof house and been proved. his behalf any barrel, for the purpose of making or manufacturing, 55 G 3. € 59. or proper or applicable for the making or manufacturing of any gun, arms for the fowling piece, blunderbuss, pistol, or other description of fire arms purpose of makusually called small arms, directly or indirectly from the manufac- ing guns, &c. turer thereof, or from any other person on his behalf, except from or through some one or other of such proof houses as aforesaid, or unless the same shall have been first duly proved and marked as proved at the proof house of the company of gunmakers of the eity of London, or the proof house established under the provi sions of the said recited act (so long as such respective proof houses shall be maintained, for proving and marking the barrels of fire arms) or some other proof house belonging to his majesty, or other public proof house established as a public proof house by law, shall forfeit for each and every barrel so received, or caused or procured to be received for the purpose, or proper or applicable for the purpose aforesaid, any sum not exceeding 201, to be recovered and applied as herein after mentioned." Person having charge of the company of gunmakers proof house of the city of London, to receive, prove, and mark barrels of guns, &c. Penalty for not doing so, and for delivering barrels unproved and § 4. "And whereas a proof house has for a long time past been established and provided, for proving the barrels of fire arms, in or near the city of London, under the management and controul of the company of gunmakers of the city of London, under and by virtue of a charter heretofore granted to the said company; it is therefore enacted, that all barrels for the making or proper or applicable for the making or manufacturing of guns, fowling pieces, blunderbusses, pistols, and other description of fire-arms usually called small arms, which shall hereafter be taken to the proof house of the said company of gunmakers of the city of London for proof, shall be proved by their proofmaster for the time being, with powder of equal quality to the powder which is now used by the honourable board marked. of ordnance, and according to, or not under the scale or table of proof mentioned and set forth in the said recited act; and the person having the charge, care, and management of the proof house of the said company of gunmakers of the city of London shall receive all barrels sent, consigned, or transmitted to the said proof house for proof, and prove the same, and cause all such barrels, after the same have been proved, and (if found to be proof) marked to be delivered to the persons for whom such barrels are directed, upon payment of all such charges as shall have been incurred in respect of the carriage and delivery of such barrels at the proof house, and of the said company's charges for proving the same, and of the keeping of the same for proof, and delivery thereof to the person for whom the same are intended or shall be directed to be delivered to after proof; and in case any barrel so sent to the said proof house to be proved shall not be received and proved thereat according to law, or shall be delivered or parted with, or permitted to be delivered or parted with, or to be taken away, which shall not have been so proved, and (if found to be proof) marked with the marks and according to the regulations of the said company of gunmakers of the city of London for the time being; then and in every such case, the person so having the charge, care, and management of such proof house for the time being, shall forfeit for each and every barrel which shall not be received and proved in manner before mentioned, and for each and every barrel which shall be so delivered or parted with, or permitted to be delivered or parted with or taken away, which shall not have been so proved, 55 G. 3. c. 59. and (if found to be proof) marked as proved as aforesaid, the sum of ten shillings, to be recovered and applied as herein after mentioned " Not to extend to Scotland, or Ireland, or to arms made for his majesty, or the East India company, or certain barrels specified. Penalty for forging proof marks, or selling, &c. barrels with forged marks. Penalty for putting proof-marks on barrels not proved. Fixing the prices for proving barrels. § 5. "Nothing in this act contained shall extend to Scotland or Ireland (except as to the forging marks, as in this act after mentioned) or to arms for the use of his majesty's forces, or for the East India company, or to any barrels in the forged ground, finished or in any other state of manufacture, which shall be made or consist of stub or twisted stub, iron or other barrels usually termed best barrels; (which said last-mentioned barrels may be sent, bought or received for the purposes aforesaid, in any number not exceeding twenty, without being subject to any penalty, except that such barrels shall be liable to the penalty for using barrels not duly proved and marked); and nothing in this act contained is to exempt such last-mentioned barrels from being proved and marked as required by the said recited act and this act. § 6. "Every person who shall, in any part of the united kingdom, forge or counterfeit, or cause or procure to be forged or counterfeited, or assist or join in forging or counterfeiting, any mark or stamp used or which may be used at any proof house for proving and marking barrels in pursuance of the said recited act, or shall wilfully or knowingly sell or offer for sale, or use in the making or manufacturing of any gun, fowling piece, blunderbuss, pistol, or other description of fire arms as aforesaid, any barrel finished, welded or forged, or in any other progressive state of manufacture, whereon shall be any mark or stamp which shall be forged or counterfeited in imitation of or to resemble any mark or stamp so used or to be used at any such proof house, shall respectively forfeit and pay for each and every such barrel whereon any such forged or counterfeit mark shall be, any sum not exceeding twenty pounds, to be recovered and applied as herein-after mentioned." § 7. "If any proof master or assistant proof master appointed or to be appointed under the said recited act, or any other person shall, in any part of the U. K. put, place, or strike, or cause or procure to be put, placed or struck, or shall willingly act or assist in the putting, placing or striking any mark or stamp used or which may be used at any proof house for proving and marking barrels in pursuance of the said recited act or this act, upon any barrel finished, welded or forged, or in any other progressive state of manufacture for the making of, or proper or applicable for the making of any gun, fowling piece, blunderbuss, pistol or other description of fire arms usually called small arms, which shall not have been duly proved at the proof house established and maintained under the provisions of the said recited act (so long as such proof house shall be maintained for proving and marking the barrels of fire arms), every person so offending shall forfeit for each and every barrel on which he shall put, place or strike, or cause or procure to be put, placed or struck, or shall willingly act or assist in the putting, placing or striking any such mark or stamp as aforesaid, any sum not exceeding 201., to be recovered and applied as herein-after mentioned." § 8. Repeals the regulation in 53 G. 3. c. 115. respecting the price of proving barrels. And by § 9. it shall be lawful for the said company to fix and regulate from time to time the sums to be paid for such proofs, so as that no higher sum shall in any case be demanded, taken or re- 55 G. 3. c. 59. ceived for any barrel which shall be proved at such proof house, and marked as proved under the said recited act or this act, than is herein-after set forth; viz. 1st, For any common birding, Spanish, Dutch, Carolina musket, carbine, or other barrel, not being made of twisted or stub iron, nor above the calibre of six eighths and an half, any sum not exceeding sixpence for each and every barrel : 2d, For every pair of plain iron or brass holster or saddle pistol barrels, any sum not exceeding sixpence for each pair: 3d, For every barrel made of twisted or stub iron, any sum not exceeding nine-pence for each and every barrel; and for every pair of stub or twisted pistol barrels, any sum not exceeding nine pence for each pair: And, 4th, For any barrel above the calibre of six eighths and an half, any sum not exceeding one shilling for each and every barrel; any thing in the said recited act contained to the contrary in anywise notwithstanding. § 10. Any offence against this act may be heard and determined in a summary way before any two of his majesty's justices of the peace for the county, riding, division, city, town, liberty or place, where any such offence or offences shall be committed; and the conviction may be had upon the oath of one witness; and the amount of the forfeiture or penalty for every such offence shall be fixed and determined by such justices, not exceeding the sums herein-before mentioned; and one half shall be paid and payable to the informer, and the other half to the overseers of the poor of the parish or place where such offence shall be committed; and such justices may direct to be paid by any party such costs as they shall judge reasonable; and in case any such forfeiture, or penalty and costs shall not be forthwith paid pursuant to such conviction, and the person so convicted shall not signify his intention to appeal against such conviction, and forthwith enter into recognizance before such justices, himself in the penalty of a sum equal to double the amount of the penalty fixed, with two sufficient sureties, in the penalty of a sum equal to the amount of the penalty fixed, with condition to personally appear and prosecute such appeal at the next general quarter or general sessions of the peace to be holden for the county, &c. where such offence shall have been charged to have been committed, such justices shall, by warrant under their hands, cause the same penalties and costs to be levied by distress and sale of the offender's goods and chattels, together with the costs and charges attending such distress and sale; and in case no sufficient distress can be had, such justices shall, by warrant under their hands, commit the offender to the common gaol or house of correction within their jurisdiction, there to remain without bail or mainprize for any time not exceeding six calendar months. Offences and penalties, how to be heard, levied, § 11. The said companies of gun makers, their officers, servants Limitation of or agents, shall not be liable to any prosecution or information by prosecutions. virtue of this or the said recited act, unless such prosecution shall be commenced or information given within six calendar months after the offence committed. § 12. Convictions to be drawn up on parchment or paper, in the Prescribing form |