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Gun Barrel Proof Act 1868

31 & 32 Vict. c. 113 · Enacted 13 July 1868 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 15 July 1996.

C1C2An Act for repealing the Gun Barrel Proof Act 1855, and for making other Provisions in lieu thereof; and for altering the Constitution of the Guardians of the Birmingham Proof House; and for better ensuring the due Proof of Gun Barrels; and for other Purposes.

[13th July 1868]

Annotations to the whole text

Modifications

C1

Act amended by Gun Barrel Proof Act 1950 (c. iii), s. 4(4)

C2

Act extended (1.12.1978) to Scotland and Northern Ireland by Gun Barrel Proof Act 1978 (c. 9), s. 6; S.I. 1978/1587, art. 2, Sch.

Contents

  1. Charter of 14th March 1637.
  2. 1Short Title.
  3. 2Commencement of Act.
  4. 3Reserving Power for Crown to establish public Proof Houses.
  5. 4Interpretation of Terms.
  6. 510 & 11 Vict. c. 16. incorporated.
  7. 68 & 9 Vict. c. 18. and 23 & 24 Vict. c. 106. incorporated.
  8. 6AAcquisition of land in Scotland.
  9. 7Above-named Acts in Sect. 6. not to apply to Gunmakers Company. 10 & 11 Vict. c. 16. 8 & 9 Vict. c. 18. 23 & 24 Vict. c. 106.
  10. 8Same Meanings to Words in incorporated Acts as in this Act and in Schedules.
  11. 9Recited Act repealed.
  12. 10Saving Rights of Gunmakers Company.
  13. 11General Saving of Rights under recited Act.
  14. 12Guardians to continue incorporated.
  15. 13Guardians to remain entitled to their Property.
  16. 14Two Companies respectively to continue entitled to Rights under other Acts.
  17. 15Contracts, Conveyances, &c. to remain in force.
  18. 16Actions, &c. not to abate.
  19. 17Debts due to and by the Two Companies respectively to be paid to and by them.
  20. 18Byelaws, &c. to remain in force.
  21. 19Books to be Evidence.
  22. 20Officers to continue.
  23. 21Official and elected Guardians after the Commencement of this Act.
  24. 22First-elected Guardians.
  25. 23Qualification of elected Guardians.
  26. 24Bankrupts not to be Guardians.
  27. 25Guardians not to be concerned in Contracts.
  28. 26But Shareholders in Companies not disqualified.
  29. 27Declaration to be made by Guardian before acting.
  30. 28False Declaration a Misdemeanor.
  31. 29Declaration to be made at First Meeting.
  32. 30Penalty on Guardians acting not being qualified. But Acts done valid.
  33. 31Members of the Two Companies not incapable of acting as Justices.
  34. 32Elected Guardians failing to act to cease to be elected Guardians.
  35. 33Vacancy on elected Guardians becoming official Guardians.
  36. 34Election as elected Guardians of persons ceasing to be official Guardians.
  37. 35Election of elected Guardians to supply occasional Vacancies.
  38. 36Rotation of elected Guardians.
  39. 37Retiring Guardians to be eligible for Re-election.
  40. 38Qualification of Members of Birmingham Gun Trade.
  41. 39Qualification for elected Guardians and Birmingham Gun Trade in Cases of joint Rating.
  42. 40Qualification of Joint Stock Companies as Members of Birmingham Gun Trade.
  43. 41Existing Register of Birmingham Gun Trade to remain in force.
  44. 42Claims for Registration of Members of Birmingham Gun Trade.
  45. 43Publication of Times for making Claims and of Claims made.
  46. 44Objections to Register and Claims.
  47. 45Time for making Objections.
  48. 46Printed Copies of Forms in Schedule A. to be kept.
  49. 47Revision of Register by Registry Board.
  50. 48Registry Board.
  51. 49Mode of Revision by Registry Board.
  52. 50Members on Register to remain registered until Proof of Death, or Objection allowed.
  53. 51Members of Birmingham Gun Trade determined by Register in force.
  54. 52Revised Register to be printed and Copies to be Evidence.
  55. 53First and other yearly Meetings of Birmingham Gun Trade.
  56. 54Special Meetings of Birmingham Gun Trade.
  57. 55Notice of Yearly and Special Meetings.
  58. 56Meetings of Birmingham Gun Trade.
  59. 57Chairman of Meetings of Birmingham Gun Trade.
  60. 58Business at Yearly and Special Meetings.
  61. 59Guardians to report to Yearly Meetings.
  62. 60Nomination of Candidate.
  63. 61Election of Candidates.
  64. 62Appointment of Scrutineers, and Examination of Votes by Chairman and Scrutineers.
  65. 63Provision in case of Failure of Birmingham Gun Trade to supply Vacancies.
  66. 64Informalities in Election of Members not to invalidate Proceedings.
  67. 65First and other monthly Meetings of Guardians.
  68. 66First and other Annual Meetings of Guardians.
  69. 67Postponing Meetings for Fast Days, &c.
  70. 68Place of Meetings of Guardians.
  71. 69Quorum for Meetings of Guardians and Special Meetings of Guardians.
  72. 70Powers of Guardians and ordinary Business of Meetings of Guardians.
  73. 71Notice of extraordinary Business.
  74. 72Remuneration to Guardians.
  75. 73Proof Master and Wardens.
  76. 74Power for Guardians to resolve that Proof Master shall be a salaried Officer, and not a Guardian.
  77. 75Power for Guardians to appoint Deputy Proof Master.
  78. 76Salaried Proof Master.
  79. 77Chairman of Guardians.
  80. 78Appointment of Officers.
  81. 79Power to grant Gratuities to Officers.
  82. 80Appointment of Auditors.
  83. 81Rotation of Auditors and Vacancies.
  84. 82Remuneration to Auditors.
  85. 83Accounts to be kept.
  86. 84Accountant to submit monthly Accounts.
  87. 85Accounts to be made up to 31st December in every Year.
  88. 86Yearly Statement and Balance Sheet of Accounts.
  89. 87Penalty on refusing Inspection of Books. Repealed
  90. 88Power to maintain Birmingham Proof House, and provide Offices and a Rifle Ground
  91. 89Power to provide Branch Proof Houses.
  92. 90Notice of Branch Proof Houses.
  93. 91Power to purchase Lands, &c.
  94. 92The Two Companies to maintain Proof House and Branch Proof Houses.
  95. 93Fund for Restoration of Birmingham Proof House and Branch Proof Houses.
  96. 94Applicaton of Monies by Guardians.
  97. 95Duties and Powers of Proof Masters and Wardens
  98. 96Attendance of Officers at Proof Houses and Office of the Two Companies.
  99. 97Proof Master of Gunmakers Company responsible.
  100. 98Proof Master of Guardians responsible.
  101. 99Declaration by Proof Master and Assistant Proof Masters of Guardians.
  102. 100Acting contrary to Declaration a Misdemeanor. Repealed
  103. 101Byelaws to be made by Guardians. Repealed
  104. 102Byelaws to be allowed and approved before coming into operation. Repealed
  105. 103Notice of Allowance of Byelaws to be given. Repealed
  106. 104Copy of proposed Byelaws to be opened for Inspection. Repealed
  107. 105Proof of Allowance of Byelaws. Repealed
  108. 106Regulations to be made by Gunmakers Company for proving Barrels.
  109. 107The Two Companies to receive, prove, mark, and deliver Barrels brought to them for Proof.
  110. 108Small Arms not to be sold or exported unless proved and marked as proved.
  111. 109Small Arms not to be pawned unless proved, &c.
  112. 110Double Barrels provisionally proved, and reduced in Strength, to be deemed unproved.
  113. 111Barrels reduced so that the Mark does not represent the Proof to be deemed unproved.
  114. 112Barrels with Marks defaced or removed to be deemed unproved.
  115. 113But provisional Proof on Military Barrels converted may be removed by Proof Master, &c.
  116. 114Converted Barrels with provisional Proof Mark remaining to be deemed provisionally proved Barrels.
  117. 115Other Barrels when converted to be deemed unproved Barrels.
  118. 116Barrels to be proved according to Rules, Regulations, and Scale.
  119. 117Alteration of Rules, Regulations, and Scale for Proof.
  120. 118Charges for proving and marking Barrels.
  121. 119How far Act shall extend to Barrels made for Her Majesty’s Forces, &c.
  122. 120Act not to apply to Barrels above specified Size.
  123. 121Offences declared Misdemeanor.
  124. 122Offences involving Penalties.
  125. 123Sending for Proof Barrels containing explosive Substances to be an Offence under Sect. 29 of 24 & 25 Vict. c. 100.
  126. 124Provision as to Penalties.
  127. 125Recovery of Penalties. Repealed
  128. 126Power of Appeal. Repealed
  129. 127Exemption from Penalty where original Offender made known to Companies.
  130. 128Property in forged Stamps, &c. vested in the Company first claiming the same.
  131. 129Convention proof marks.
  132. 130Exemption of barrels with convention proof marks.
  133. 131Convention proof marks: proceedings for offences.
  134. 138Application to Justice for Warrant for Seizure of forged Stamps, &c.
  135. 139Detention of barrels with forged etc. marks brought to proof house.
  136. 140Disposal of detained stamps, barrels and small arms.
  137. 141Officers removing Proof Stamps to be punishable as for a Misdemeanor.
  138. 142Penalties on Officers for Neglect of Duties. Repealed
  139. 143Penalty on Officers for Fraud.
  140. 144Act not to extend to Scotland or Ireland. Repealed
  141. 145Expenses of Act.
  142. Schedule A.
  143. I.Part I.
  144. II.Part II.
  145. III.Form of Voting Paper.
  146. Schedule B.: Rules and Regulations and Scales applicable to the Proof of Small Arms.
  147. Classification of Small Arms.
  148. Rule of Proof.
  149. Conditions precedent to Proof.
  150. Marks of Proof.
  151. Mode of affixing Proof Marks.
  152. Schedule C.Schedule C.