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FIREARMS ACT 1815
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CAP. LIX.
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An Act for amending an Act: of His present Majesty, to insure the proper and careful Manufacturing of Fire Arms in England, and for making Provision for proving the Barrels of such Fire Arms. [12th May 1815.]
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53 G. 3. c.115.
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Using in progressive Stages of Manufacture of Fire Arms, Barrels not duly proved.
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Penalty.
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‘Whereas an Act was passed in the Fifty third Year of the Reign of His present Majesty, intituled Provision for proving the Barrels of such Fire Arms: And Whereas the Powers and Provisions of the said Act have been found in some respects defective and insufficient for the Purposes thereby intended, and the same cannot be effectually carried into Execution unless the Powers and Provisions thereof are amended;’ May it therefore please Your Majesty that it maybe enacted; and be it enacted by The King’s Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That, from and after the passing of this Act, 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 Gunmakers 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 Twenty Pounds, to be recovered and applied as hereinafter mentioned.
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Barrels of Fire Arms sent direct from Manufacturers to Proof Houses.
Delivering, & c. for Sale except through a Proof House.
Penalty.
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II. And be it further enacted, That, from and after the passing of this Act, every Barrel for the making of, or proper or applicable for the making of any Gun, Fowling Piece, Blunderbufs, 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 Gun Makers 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 lend, 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, Blunderbufs, 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 Twenty Pounds, to be recovered and applied as hereinafter mentioned.
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Receiving Barrels of Fire Arms for Purpose of making Guns, & c. not having passed Proof House and been proved.
Penalty.
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III. And be it further enacted, That, from and after the passing of this Act, every Person who shall take or receive, or cause or procure to be taken or received, or permit or suffer to fee received on his behalf any Barrel, for the Purpose of making or manufacturing, or proper or applicable for the making or manufacturing of any Gun, Fowling Piece, Blunderbufs, Pistol, or other Description of Fire Arms usually called Small Arms, directly or indirectly from the Manufacturer 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 City of London, or 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 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 Twenty Pounds, to be recovered and applied as hereinafter mentioned.
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Charter to Gunmakers.
Proofmaster of Company of Gunmakers of City of London, to receive, &c. Barrels of Guns, & c.
Barrels not proved, &c.
Penalty.
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IV. “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;” Be it therefore further enacted, That all Barrels for the making or proper or applicable for the making or manufacturing of Guns, Fowling Pieces, Blunderbuffes, 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 Proosmaster for the time being, with Powder of equal Quality to the Powder which is now used by the Honourable Board 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 Barrel, 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 threat according to Law, or shall be delivered or passed with, or permitted to be delivered or passed 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 Regulation 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 passed with, or permitted to be delivered or passed with or taken away, which shalll not have been so proved, and (if found to be Proof) marked as proved as aforesaid, the Sum of Ten Shillings, to be recovered and applied as hereinafter mentioned.
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Not to extend to Scotland or Ireland, or to Arms made for His Majesty of East.
India Company, or certain Barrels specified.
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V. Provided always, and be it further declared and enacted, That nothing in this Act contained shall extend or be construed to extend to that Part of the United Kingdom called Scotland, or to that Part of the United Kingdom called Ireland (except as to the Forging Marks, as in this Act after mentioned) or to the proving of any Barrels used in the manufacturing of any Musket, Pistol, or other Fire Arms, for the Use of His Majesty’s Forces, or for the Honourable East India Company, or to any Barrels of the Description hereinafter mentioned; videlicet, any Barrels in the forged Ground, finished or in any other State of Manufacture, which shall be made or conflict of Stub or twisted Stub Iron, or other Barrels usually termed belt Barrels; (which said last mentioned Barrels may be and are hereby allowed to be sent, bought or received for the Purposes aforesaid, in any Number not exceeding the Number of Twenty, without being subject to any of the Penalties of the said recited Act or this Act, 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 or be construed to exempt such last mentioned Barrels from being proved and marked as required by the said recited Act and this Act.
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Forging, & c. Proof Marks, or felling, &c. Barrels with forged Marks.
Penalty.
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VI. And be it further enacted, That, from and after the passing of this Act, 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 fell or offer for Sale, or use in the making or manufacturing of any Gun, Fowling Piece, Blunderbufs, 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 hereinafter mentioned.
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Proof Marks put on Barrels not proved.
Penalty.
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VII. And be it further enacted, That, from and after the passing of this Act, if any Proof Master or Assistant Proof Master appointed or to be appointed under the said recited Act, or any other Person or Persons shall, in any Part of the United Kingdom, 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, Blunderbufs, 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, she or they 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 Twenty Pounds, to be recovered and applied as hereinafter mentioned.
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53 G. 3. c.115. §7. in part repealed.
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VIII. ‘And Whereas the said Company are by the said recited Act authorized to fix and regulate from time to time the Sums to be paid for such Proofs, so as that no higher Sum than One Shilling shall in any case be demanded, taken or received, in respect of any one Barrel brought to such House to be proved and marked under the said recited Act;’ Be it therefore enacted, That so much and such Parts of the said recited Act as authorizes the said Company to fix and regulate the Price of proving such Barrels, shall be and the same is and are hereby repealed.
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Prices for proving Barrels.
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IX. And be it further enacted, That, from and after the passing of this Act, it shall and may 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 received 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 hereinafter mentioned and set forth; that is to say,
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First, 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 Six pence for each and every Barrel:
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Secondly, For every Pair of plain Iron or Brass Holster or Saddle Pistol Barrels, any Sum not exceeding Six pence for each Pair:
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Thirdly, 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,
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Fourthly, 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 any wife notwithstanding.
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Offences and Penalties, how heard, levied; &c.
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X. And be it further enacted, That any and all Offence and Offences against this Act shall and may be heard and determined in a summary way by or 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 for the same may be had and made upon the Oath or Oaths of One or more credible Witness or Witnesses; and the Amount of the Forfeiture or Penalty for any and every such Offence or Offences shall be fixed and determined by such Justices, not exceeding the Sums hereinbefore mentioned; and One Half thereof shall be paid and payable to the Informer, and the other Half thereof to the Overseers of the Poor of the Parish or Place where such Offence shall be committed; and such Justices may award and direct to be paid by any Party such Costs as they shall judge reasonable; and in case any such Forfeiture or Forfeitures, or Penalty or Penalties 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 as aforesaid, with Two sufficient Sureties, in the Penalty of a Sum equal to the Amount of the Penalty fixed as aforesaid, each of lawful Money of Great Britain, with, condition to personally appear and prosecute such Appeal at the next General Quarter or General Sections of the Peace to be holden for the County, Riding, Division, City, Town, Liberty or Place, where such Offence or Offences shall have been charged to have been committed, such Justices shall, by Warrant under their Hands, cause the same Penalties and Cost 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 Goal or House of Correction within their Jurisdiction, there to remain without Bail or Mainprize for any Time not exceeding Six Calendar Months.
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Limitation of Prosecutions.
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XI. Provided always, and be it further enacted, That the said respective Companies of Gun Makers, their Officers, Servants or Agents, shall not, nor shall any of them be subject or liable to any Prosecution or Information by virtue of this Act or the said recited Act, for any Offence or Offences against this Act, unless such prosecution shall be commenced or Information given within Six Calendar Months next after the Offence or Offences committed.
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Form of conviction.
53 G. 3. c. 155.
Convictions filed.
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XII. And be it further enacted, That the Justices, before whom any Person or Persons shall be convicted of any Offence or Offences against this Act, may came any such Conviction to be drawn up on Parchment or Paper, in the Form or to the Effect following; that is to say
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to wit.} ‘Be it remembered, That on the Day of in the Year of our Lord is convicted before us [naming the justices] of His Majesty’s Justices of the Peace for the County of [or, Riding, City, Liberty, Division, Town or Place] for that the said [here state the offence] contrary to the Statute made in the Fifty third Year of the Reign of King George the Third, intituled An Act to insure the proper and careful manufacturing of First Arms in England, and for making provision for proving the Barrels of such Fire Arms, and contrary to the Provisions of an Act passed in the Fifty fifth Year of the same Reign, intituled An Act, [here set forth the Title of this Act]: And we the said Justices do hereby adjudge and determine the said for the said Offence to forfeit and pay the Sum of of lawful Money of Great Britain; and do order One thereof to be forthwith paid by him the said to [the Informer] and the other thereof to the Overseers of the Poor of the Parish of [where the Offence was committed]: And we the said Justices do also award and direct the said forthwith to pay to the Sum of for Costs, Given under our Hands the Day and Year above written.’
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And every such Conviction shall be transmitted by such Justices to the next General Sessions or General Quarter Sessions of the Peace to be holden for the County, Riding, Division, City, Town, Liberty or Place wherein such Conviction was had, to be filed and kept amongst the Records of the said General Sessions or General Quarter Sessions.
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Appeal.
Costs Final.
Imprisonment.
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XIII. Provided always, and be it further enacted, That it any person convicted of any Offence or Offences punishable by this Act, shall think himself or herself aggrieved by the Judgment of the Justices before whom he or the shall have been convicted, such Person shall have Liberty to appeal from every such Conviction to the next Court of General Sessions or General Quarter Sessions of the Peace which shall be held for the County, Riding, Division, City, Town, Liberty or Place, wherein such Offence was committed; and the Justices in or at the said next Court of General Sessions or General Quarter Sessions, are hereby authorized and required to hear and determine the Matter of the said Appeal and to award such Costs as to them shall appear just and reasonable to be paid to either Party; which Decision shall be final; and if upon hearing the said Appeal, the Judgment of the Justices before whom the Appellant shall have been convicted shall be confirmed, such Appellant shall forthwith pay the Forfeitures or Penalty mentioned in such Conviction, and the Costs awarded to be paid by such Appellant; and in Default of Payment thereof, such Appellant shall immediately be committed by the said Court to the Common Goal or House of Correction of the County, Riding, Division, City, Town, Liberty or Place, where any such Offence may have been committed, there to remain for any time not exceeding Six Calendar Months, unless such Penalty and Costs shall be sooner paid.
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Appeal.
Notice.
Recognizance.
Costs.
Final. Distress.
Imprisonment.
Treble Casts.
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XIV. And be it further enacted, That if any Person or Persons shall feel himself or themselves aggrieved by any of the Acts, Orders or Proceedings of the said Trustees, Guardians and Wardens, or either of them, in pursuance of this Act, such Person or Persons may appeal to the Justices of the Peace at the next General Quarter Sections of the Peace to be holden for the said County of Warwick such Appellant (if there be Sufficient time after the cause of such Complaint shall have arisen) first giving or causing to be given Eight Days’ Notice at least in Writing of his or their Intention of bringing such Appeal, and of the Matter thereof, to the Clerk or Treasurer of the said Trustees, and within Four Days after such Notice (if required), entering into Recognizance before some Justice of the Peace for the said County, with Two sufficient Sureties conditioned to try such Appeal, and abide the Order thereon, and to pay such Costs as shall be awarded by the Justices at such Quarter Sections; and for want of sufficient time for giving such Notice previous to the First Quarter Sections after the Cause of such Complaint shall have happened, then such Appeal, after such Notice and under such Recognizance may be made at the Second General Quarter Sections of the Peace to be holden for the said County; and the Justices at such First or Second Sections shall hear and finally determine the Cause and Matter of such Appeal in a summary way, and award such Costs to the Parties appealing or appealed against as they the laid Justices shall think proper; and the Determination of such Quarter Sessions shall be final, binding and conclusive to all Intents and Purposes; and the said Justices at such Sessions may also by their Order or Warrant, levy such Costs so awarded, by Distress and Sale of the Goods and Chattels of the Person or Persons who shall neglect or refuse to pay the same, and for want of sufficient Distress, commit such Person or Persons to the Common Goal or House of Correction, for the said County, there to remain for any time not exceeding Three Calendar Months, or until Payment of such Costs.
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Limitation of Actions.
General Issue.
Treble Costs.
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XV. And be it further enacted, That no Action or Suit shall be commenced against any Person or Persons, for any thing done in pursuance of this Act, and the said recited Act, until after Thirty Days’ Notice in Writing shall be thereof given to the Guardians, Trustees and Wardens of the Gun-barrel Proof House of the Town of Birmingham, nominated and appointed by, or to be chosen and elected under and by virtue of the said recited Act, or their Solicitor for the time being, or to the Master or Warden of the Company of Gunmakers of the City of London for the time being, or after sufficient Satisfaction made or tendered, or after Six Calendar Months next after the Fact committed, for which such Action or Actions, Suit or Suits shall be so brought; and all such Actions or Suits, shall be laid and tried in the County, City or Place where the Cause of Action shall arise, and not elsewhere; and the Defendant or Defendants in such Action or Actions, Suit or Suits, and every of them, may plead the General Issue, and give this Act and the said recited Act and the Special Matter in Evidence at any Trial or Trials which shall be had thereupon, and that the Matter or Thing for or on which such Action or Actions, Suit or Suits shall be brought, was done in pursuance and by the Authority of this Act and the said recited Act; and if the said Matter or Thing shall appear to have been so done, or if it shall appear that such Action or Suit was brought before Thirty Days’ Notice was given, as before directed, or that sufficient Satisfaction was made or tendered or paid into Court as aforesaid, or if any such Action or Suit shall not be commenced within the time before for that Purpose limited, or shall be laid in any other County, City or Place than as aforesaid, then the Jury mail find for the Defendant or Defendants therein; and if a Verdict shall be found for such Defendant or Defendants, or if the Plaintiff or Plaintiffs in such Action or Actions, Suit or Suits, shall become nonsuited, or suffer a Discontinuance of such Action or Actions, Suit or Suits, or if, upon a Demurrer or Demurrers in such Action or Actions, Suit or Suits, Judgment shall be given for the Defendant or Defendants therein; then and in either of the cases aforesaid, such Defendant or Defendants shall have Treble Costs, and shall have such Remedy and Remedies for recovering the same, as any Defendant or Defendants may have for the Recovery of his, her or their Costs in other cases by Law.
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Proof House Accounts audited.
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XVI. And be it further enacted, That, from and after the passing of this Act, the Accounts of the said Proof House (a), and of all Sums of Money to be paid, said out and expended in the Conduct and Management thereof, and carrying on the same, and of all Sums to be paid in respect of any Interest or Principal of any Sums advanced and expended under the said recited Act or this Act, in the building, completing and establishing the same, and of all Sums to be received under the Provisions of the said Act and this Act, shall once in each Year be audited by some Justice of the Peace acting at Birmingham or within Seven Miles thereof.
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[i.e. at Birmingham. Qu.]
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55 G. 3. c. 115 § 4. in part repealed
Company of Guardians, &c. of Gun Barrel Proof House of Birmingham incorporated.
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XVII. And be it further enacted, That so much and such Parts of the said recited Act as enacts that the Lord Lieutenants of the respective Counties of Warwick, Worcester and Stafford, and the Persons serving in Parliament for the said Counties respectively for the time being, and Robert Wheeler, John Adams, Thomas Archer junior, Richard Sutherland, John Heely, John Oughton, William Ryan, Bartholomew Redfern, John Williams Keene, John Smith, William Allport, John Jones, George Jones, Gad Parsons, Joseph Bunney, and their Successors, to be chosen in manner thereinafter directed, should be a Body politic and Corporate, and called or known by the Name of “The Guardians, Trustees and Wardens of the Gun-barrel Proof House of the Town of Birmingham,” for the Purpose of proving, or causing to be proved, in the manner directed by the said recited Act, all Barrels for Guns, Fowling Pieces, Blunderbusses, Pistols, and every other Description of Fire Arms which mould be brought to the Proof House at Birmingham to be proved according to the Provisions of the said recited Act, shall be and the same is hereby repealed; and that, from and after the passing of this Act, the Lord Lieutenants of the respective Counties of Warwick, Worcester and Stafford, and the Persons serving in Parliament for the said Counties respectively for the time being, and Robert Wheeler, John Adams, Thomas Archer junior, Richard Sutherland, John Heeley, John Oughton, William Ryan, Bartholomew Redfern, John Williams Keene, John Smith, William Allport, John Jones, George Jones, Gad Parsons, Joseph Bunney, the High and Low Bailiff for the Town of Birmingham for the time being, mid alt Acting Magistrates residing within Seven Miles of the Town of Birmingham, and their Successors to be chosen in mariner directed by the said recited Act, shall be and they are hereby declared to be a Body Politic and Corporate, and shall be called or known by the Name of “The Guardians, Trustees and Wardens of the Gun barrel Proof House of the Town of Birmingham,” for the Purpose of proving or causing to be proved, in the manner directed by the said recited Act, all Barrels for Guns, Fowling Pieces, Blunderbusses, Pistols, and every other Description of Fire Arms which shall be brought to the Proof House at Birmingham to be proved according to the Provisions of the said recited Act.
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Company of Guardians, &c. of Gun Barrel Proof House of Birmingham incorporated.
Public Act.
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XVIII. And be it further enacted, That this Act shall be deemed and taken to be a Public Act, and shall be judicially taken Notice of as such by all Judges, Justices and others, without being specially pleaded.
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