Page images
PDF
EPUB

10. The Treasurer or any officer specially authorized by him to that effect, or any officer or non-commissioned officer of the police force, may at any time during daylight enter any store licensed for dealing in arms or ammunition, in order to inspect the stockin-trade therein; and if any person shall conceal or refuse to point out where the same or any part thereof is kept or otherwise obstruct such Treasurer, officer, or non-commissioned officer as aforesaid, he shall incur a penalty not exceeding 201.

11.-(1.) Every person licensed to deal in arms or ammunition shall enter in a book or books to be kept by him for the purpose and in the forms given in Schedule (B) hereto

(a.) An account of all the stock-in-trade of arms and ammunition which he has from time to time in his possession or control, entering under its true date every addition thereto and the name of the ship by which the same was imported, if imported by the dealer, or otherwise the name and address of the person from whom he purchased the same;

(b.) The name, place of residence and addition of every person purchasing or otherwise receiving arms or ammunition dealt in by him;

(c.) The name, place of residence and addition of the master or employer of the person purchasing or receiving arms, where that person is a servant or agent; and

(d.) The description and quantity of the arms or ammunition sold and delivered to every purchaser or receiver, together with the true date of every such sale and delivery.

(2.) Such books shall be open at all times to inspection by the Treasurer, or Inspector of Police, or any officer authorized by the Governor in that behalf, who may take copies of all entries therein contained.

(3.) The Governor may require such books to be kept in duplicate, and one of the duplicates to be delivered to the Treasurer or any officer of the Treasury Department at such times as he may think fit.

(4.) If any person so licensed neglects or fails to keep such book or books, or to make therein any of the entries that are hereby required, or if any person prevents or obstructs the inspection of any such book or books, or makes any false entry therein, or fails to deliver any duplicate which he may be required to deliver as aforesaid, he shall for every such offence incur a penalty not exceeding 201

(5.) Whenever it is made to appear to the Treasurer that any person not a licensed dealer in the possession of any arms or ammunition, is for good reasons desirous of disposing of the same to any other person, the Treasurer may, by and with the approval of the

Governor, grant permission to such person to deal in the particular arm or arms or ammunition.

12. It shall not be lawful for any person save and except officers holding commissions in His Majesty's army or navy, or in any British volunteer or defence force, to carry, keep, or possess any article coming within the definition of arms contained in this Ordinance, excepting for the purposes of public duty, without a licence in that behalf first obtained from the Treasurer or such other person or persons at such place or places respectively as the Treasurer may from time to time nominate in that behalf; and every person offending against this section shall be liable to a penalty not exceeding 20. Such licence as aforesaid shall be in the form prescribed in Schedule (C), and shall bear the date of and commence on the date of its being granted, and shall expire on the 31st day of March, 1906, and thereafter every such licence shall have effect from the 1st day of April in each year until the 31st day of March in the following year.

13. Before granting any such licence the Treasurer or such person nominated as aforesaid shall demand and receive from the person applying for the same the sum of 2s. 6d. for one arm and a further sum of 6d. for each arm after the first for the use of the Presidency, and shall satisfy himself that the applicant is a fit and proper person to be licensed; and the Treasurer or such other person as aforesaid may refuse to grant any such licence without assigning any reason to the applicant: Provided that under special circumstances the Treasurer may, with the approbation of the Governor, grant any such licence free of charge, either altogether or as to any one or more arms comprised therein.

14. Any person aggrieved by the refusal of the Treasurer to grant to him a licence under sections 7 or 13 of this Ordinance may appeal against such refusal to the Governor in Council, and the Governor in Council shall affirm or disallow the decision of the Treasurer.

15. Every person to whom a licence has been granted under the provisions of this Ordinance, and who has not renewed such licence for the then current year, shall within thirty days after the expiration of such licence in each year apply for the renewal of the same; and every person offending against this section shall be liable to a penalty not exceeding 51.

16. The Treasurer may at any time during the currency of any licence cancel and withdraw the same upon refunding to the holder of the licence the sum paid by him for such licence: Provided that before exercising this power the Treasurer shall have obtained authority from the Governor in Council so to do.

17. The Treasurer and all such persons nominated as aforesaid

shall keep registers of all licences issued by them respectively under the provisions of this Ordinance, specifying the name and place of abode of every person to whom he or such other person shall have granted any such licence and the number of arms which each such person shall have been thereby licensed to keep; and the Treasurer shall publish in the "Gazette" and in a local newspaper a list of the names of all persons to whom he or such other person shall have granted licences or whose licences shall have been revoked under this Ordinance during the year.

18. Every person licensed under this Ordinance shall produce his licence or licences for inspection whenever required by a revenue officer or any member of the Leeward Islands police force so to do, and for every breach of this section shall be liable to a penalty not exceeding 51.

19. The Treasurer or such other person nominated by him as aforesaid may before granting or renewing any licence to keep arms require as a condition precedent to the issue of the licence the production to him of the arm which it is intended to keep.

20. Whenever any person in the possession of any arm is refused a licence to keep the same, or is unable to license the same, he shall forthwith surrender the said arm to the Treasurer.

Every person in whose custody, charge, or possession, or in or upon whose house or premises any arm shall be found, shall be deemed for the purposes of this Ordinance to keep and possess such arm unless the contrary be proved, the onus of proving which shall be upon such person.

21. If it shall appear to any District Magistrate that arms or ammunition are kept or deposited, or suspected to be kept or deposited, upon any premises or in any place contrary to any of the provisions of this Ordinance, or for any unlawful purpose, he shall forthwith issue his warrant to cause search to be made in and upon such premises or place; and if any arms or ammunition shall be found to be there so kept or deposited as aforesaid the same shall be forfeited, and the owner of such arms or ammunition and the occupier and, in the default of any occupier, the owner of the premises or place shall each be liable to a penalty not exceeding 1007.

22. It shall be lawful for any officer or non-commissioned officer of the Leeward Islands police force at any time upon obtaining a warrant from a District Magistrate to do so, which any District Magistrate is hereby empowered to grant upon reasonable and probable cause being shown to his satisfaction, to enter into and upon any house or premises where he has reasonable cause to believe that any arm is kept which is liable to be, but which has not been, licensed under this Ordinance, and to search for any such

arm; and any person unlawfully hindering, obstructing, or resisting any such officer or non-commissioned officer as aforesaid shall be liable to a penalty not exceeding 21.

23. If the holder of any licence granted under the provisions of this Ordinance is convicted of using fire-arms for the purpose of signalling smuggling vessels, or of unlawfully offering or doing violence to any person by means of fire-arms, the Treasurer shall be empowered, with the approval of the Governor, to revoke the licence of, and in addition to refuse to issue a licence to, any person so convicted, and the certificate of a District Magistrate or of the Registrar of the Supreme Court shall be sufficient proof of such conviction.

24. Any person who forges any licence given under the provisions of this Ordinance, or who makes any fraudulent use of any such licence, shall be liable to a penalty not exceeding 50%.

25. The informer who shall prosecute to conviction, and any other person who may have contributed to the conviction by giving information or otherwise, shall, subject to the discretion of the Governor, receive out of every penalty recovered a sum not exceeding one-half thereof, distributed in such proportions as the Governor may direct, provided that the Governor may remit the whole or any part of any penalty, notwithstanding the interest of any informer or other person therein.

26. All penalties incurred under this Ordinance may be recovered summarily before a District Magistrate under the provisions of "The Magistrates' Code of Procedure Act, 1891," and proceedings thereupon may be commenced at any time within two years after the commission of the offence by reason whereof such penalty had been incurred.

27. The provisions of this Ordinance shall be additional to and shall not derogate from the existing enactments of this Presidency relating to arms and ammunition.

28. The Ordinances set forth in Schedule (D) are hereby repealed: Provided always that this repeal shall not affect

(a.) Any right or privilege acquired;

(b.) Any liability incurred;

(c.) Any prosecution pending; and

(d.) Any penalty, forfeiture, fine, or punishment imposed,

before the coming into operation of this Ordinance.

F. S. WIGLEY, President of the Council.

Passed the Legislative Council the 22nd March, 1905.
G. C. JOHNSON, Clerk of the Council.

Duly published at the Town of Basseterre, this 30th day of

March, 1905.

R. H. KORTRIGHT DYETT, Provost-Marshal.

[1904-1905. xXCVIII.]

2 R

SCHEDULE (A).

Form of Licence to deal in Arms and Ammunition.

LICENCE is hereby granted under Ordinance No. 4 of 1905 to [name and residence of person licensed] to deal in arms and ammunition at one store [description of store, by name, situation, or otherwise, sufficient to identify it] at [name of town or place], until the 31st day of March, [year].

[blocks in formation]

LICENCE is hereby granted under "The Arms and Ammunition Ordinance, 1905," to

[ocr errors]

to carry, keep, and possess

the arms indorsed hereon until the 31st day of March, [year].

, residing at

[merged small][merged small][merged small][merged small][merged small][ocr errors][merged small]
« PreviousContinue »