License of magistrates to re

tain same.

Duty of clerk of the peace.

such person a license, authorizing such person to keep arms, and specifying therein, if they shall think fit, the number and description of arms which such license is to authorize him to keep; and shall deliver such notification, (specifying at the foot or back thereof, the number and description of armis, if the same shall be specified in the license,) to the acting clerk of the peace, who shall register the same in books, (or in a book, if in a county of a town or city,) one whereof to be kept for every barony or half barony in the county, in alphabetical order, with the names and places of abode of every person making such notification, according to their respective baronies, or half baronies, where the place of abode shall be specified to be in a barony or half barony, (for which no fee shall be received;) which book shall be kept by the clerk of the peace at his office in the county, &c. and shall, at all seasonable times, be open to the inspection of any justice of the peace of such county, &c. and from which such justice may take such extracts as he shall deem fit: Provided that Appeal from decision of justices if the majority of the justices at the sessions shall refuse to grant such license, the person may appeal, if in the county of any city or town, to the next quarter sessions of any county at large adjoining thereto, and if in a county at large, then to the following session of the same county. And by s. 2. it shall be lawful for the justices of peace, upon an application, in writing signed Licenses to keep by any person, for a license to keep arms, specifying in like manner his residence, accompanied by an affidavit sworn by the person signing the application, that he believes he by law is entitled to keep arms, to sign and deliver at any sessions of the peace to be held for the county, &c. in which such person resides, a license authorizing such person to keep arms, specifying therein, if they shall think fit, the number and description of arms which such license is to authorize him to keep, which application, with the number and description of arms indorsed thereon, if the same shall be specified in the license, shall be delivered by them to the acting clerk of the peace, who shall register the

in case of license

refused.

s. 2.

arms obtained

in a similar

manner.

game

s. 3.

Parties licensed

dence.

S. 4.

sons who shall

same in like manner as a notification, for which no fee shall be received. By s. 3. whenever any person who shall have obtained a license to keep arms under this act, shall, during the continuance of such license, change shall certify the his place of abode, he shall deliver a certificate of such change of resichange, specifying the house to which such person shall have removed, to the clerk of the peace for the county, &c. in which such person was resident at the time of granting such license, and such certificate shall be registered in like manner as the notifications, &c. By s. 4. any person who shall have in his custody any arms that shall not have been registered as aforesaid, shall, Penalty on per on conviction by the oath of 2 witnesses, before any have arms not registered. magistrate, for the 1st offence forfeit £10. to be levied by the warrant of such magistrate, or, in default of payment, be imprisoned for 2 months; and for the 2nd and every other offence shall forfeit £20. to be levied in like manner, or, in default of payment, be imprisoned for 4 months; and such arms shall be forfeited to the king. By s. 5. (as amended by the 50 Geo. 3. c. 109. I.) any person who shall make such notification of his having arms, and shall obtain such license as Inventory of aforesaid, shall, when required by any justice of peace livered to juswithin his jurisdiction, (which requisition shall be under tices as often as the hand of such justice,) deliver to such justice an exact list or inventory of all the arms in his possession, verified by his affidavit to be made before any justice of peace: [*But whenever any person shall shall have been once #By 50 Geo.3. so required to deliver such inventory, it shall not be c. 109. s. 4. 1. lawful for said justice, or any other justice, to make any further requisition, nor shall such person be compellable to deliver such lists: Provided always, that the justices of the peace, or the majority of them, at any session of the peace, may froin time require such list from any person within their jurisdiction, having made such notification and obtained such license as aforesaid.] By s. 6. it shall be lawful for the justices of peace, at any sessions, to withdraw any license heretofore given, and to cause the name of such person as they shall, at such sessions, deem an improper person to be entrusted with ses, c.

arms

s. 5.

arms to be de

required.

s. 6.

Justices may withdraw licen

.

8. 7.

arms, to be erased out of the registry of arms, and cause a notice to be served on such person, or to be posted on his dwelling-house specified in said registry to be the residence of such person, or, in case of his having previously certified to the clerk of the peace of the county, that he changed his dwelling-house, then on the house to which he shall have so stated that he removed, signed by one of the justices of such session, and by the clerk of the peace, under the authority of such justices, or the majority of them, in sessions assembled, that such license is withdrawn. And by s. 7. if any person on whom such notice shall be served, shall not, within 48 Penalty for not hours after service of such notice as aforesaid, deliver delivering up arms pursuant to to the next resident magistrate, or some neighbouring notice of justices magistrate, at his place of abode, all such arms as were so registered, or account for the same to the satisfaction of such magistrate, such person shall be deemed to have in his custody arms that have not been registered, and shall be subject to the forfeiture and punishment in s. 4. supra; except where it shall appear to the magistrate before whom such offence is prosecuted, that the delay arose from accidental circumstances, and not from wilful neglect. By s. 8. (as amended by the Justices, &c. 50 Geo. 3. c. 109. s. 2. I.) [*whenever any 2 justices may enter houses of peace in any county, &c. shall have any reasonable hong arms un- grounds of suspicion, that any person within such county, &c. is unlawfully in possession of arms, or that any c. 109 s. 2. I. pikes, pike-heads, daggers or dirks, are in any house or place within such county, &c. such justices shall forthwith transmit to the lord lieutenant, or his chief secretary, a report signed by such 2 justices of such suspicion, with the grounds of such suspicion; and upon the receipt of such report, it shall be lawful for the lord lieutenant, or his chief secretary, by warrant under hand, to require such justices, or any other justice, to search, or cause search to be made within and throughout such county, &c. or within any parish, barony, or half-barony within such county, &c. as shall be specified in such warrant, for any arins, &c.;] and in case admission into the house of any such person be refused,

s. 8.

on suspicion of

registered.

*By 50 Geo. 3.

or

or not obtained within a reasonable time after it shall have been first demanded, it shall be lawful for such justices or justice, or for any person authorized thereto by warrant of any 2 justices of peace, (which warrant shall not be granted, except on the information of a witness upon oath, that to the best of his knowledge or belief such person is unlawfully in possession of arms,) to enter by force into every such house, &c. or every part thereof; and if any arms, &c. shall be found in the possession of any such person, save in the house of a person giving such list or inventory as hereby required, or if any arms shall be found in the house of such person giving such inventory, and not specified therein, it shall be lawful for such justices, &c. to seize and carry away the same for the use of his majesty [And it shall not be lawful for any justice of peace *py 50 Geo.S. to authorize or to join in authorizing any person to c. 109. s. 2. l. make any search for arms, &c. until such warrant shall have been granted by the lord lieutenant, or his chief secretary, as aforesaid.] Provided that nothing in this act shall affect any persons serving in his majesty's regular or militia forces, or in any yeomanry corps, or any privy counsellor, or member of parliament, or peace officer, in respect of any arms that they may have in their custody. By s. 9. no person shall exercise the trade of a blacksmith, who shall not have previously registered his name, and the place where his forge is beregistered and situated, at some sessions of the peace for the district licensed. in which such forge is used, and shall also have obtained a license from the justices at such sessions, authorizing him to use and follow such trade; which registry and license shall be made, kept, and granted, in manner and form as the registry of and license for arms. By s. 10. it shall be lawful for the justices of peace, or majority of them, at any sessions of the peace, to withdraw such Justices may license from any blacksmith, if it shall be proved on ses from blacksmiths, if pikes oath to them that such blacksmith hath made, or know- male. ingly suffered to be made in his forge, any pike or pikehead, after he shall have so obtained a license, and registered his forge as aforesaid; and if any blacksmith

shall

Proviso.

s. 9.

Blacksmiths-19

s. 10.

w.thdraw licen

s. 11.

Penalty on persons making pikes, &c. without license.

S, 12.

Justices may enter houses on

shall use any forge without such registry and license, he shall be liable to the like penalties as persons having in their custody unregistered arms are by s. 4. supraAnd by s. 11. any smith, or other person, who shall make, or assist in making any pike, pike-head, dirk, dagger, spear, or instrument serving for pikes or spears, without a license from the master-general, lieutenantgeneral, or surveyor-general of the ordnance; shall be adjudged a felon, and be transported for 7 years: provided that nothing herein shall extend to any person having or making such weapons as aforesaid in the service or for the use of the king. Bý s. 12. (as amended by the 50 Geo. 3. c. 109. I.) it shall be lawful for any [*2 justices of peace] within their jurisdiction, (upon suspicion of hav- information on the oath of a witness, that, to the best ing pikes. of his knowledge and belief, any person is unlawfully in possession of arms, or that any pikes, pike-heads, daggers or dirks, are in any house or place, but not otherwise,) to search for arms, &c. in the house or premises of any person, or in any house or place mentioned in such information; and if any such shall be found, it shall be lawful for such magistrates, [for for any person duly authorized by warrant under their hands and seals,] to seize and carry away the same to the use of his majesty; and the person in whose possession, custody, or keeping, such weapons shall be found, Penalty thereon, being convicted by due course of law, shall, for the 1st

*By 50 Geo. 3.

c. 109. s. 3. I.

offence, be imprisoned for 12 calendar months, and for the 2nd and every other offence shall be adjudged a felon, and be transported for 7 years, unless such person shall prove to the court before which he shall be tried, that such weapon was in his custody or keeping, without his knowledge, privity, or consent. By s. 13. whenever any magistrate or other person shall seize or carry away any arms or weapons as aforesaid, such magistrate, &c. shall, with all convenient dispatch, transmit the same to one of his majesty's store-houses, or to the officer commanding the nearest detachment of his

This clause is not contained in the 50 Geo. 3. c. 109. s. 3. It but is in the 47 Geo. 3. st. 2. c: 54. s. 12. to which the 50 Geo. 3. c. 109, refers.

C

majesty's