act 013 of 1858 : Unlawful Possession of Arms Act, 1858 [Repealed]

Unlawful Possession of Arms Act, 1858 [Repealed]

ACTNO. 13 OF 1858

04 April, 1858

Repealed by Act 8 of 1868

Passed by the Legislative Council of India.

(Received the assent of the Governor General on the 4^th April 1858.)

An Act for the punishment of persons who unlawfully possess or conceal arms or other property belonging to Her Majesty or to the East India Company.

PREAMBLE

Whereas it is expedient to provide for the punishment of persons who shall knowingly and unlawfully have in their possession or conceal arms, horses, or other property belonging toiler Majesty or to the East India Company; It is enacted as follows:

Section 1. In Districts to which this Act is extended by Government, Magistrates to issue proclamation calling upon persons to deliver up property belonging to Her Majesty or the East India Company and Punishment for the possession of such property, without reasonable excuse, after the time fixed for its delivery to the Magistrate

In any District to which the provisions of this Act shall he extended by order of the Governor General in Council or the Executive Government of any Presidency or place, the Magistrate shall issue a proclamation calling upon all persons within ins District, having in their possession any arms, ammunition, horse or other animal, or any Government Stamps, or other property belonging to Her Majesty or to the East India Company, to deliver up the same to the Magistrate or at the nearest Police Station within a time to be fixed by the proclamation; and whoever, after the expiration of the time so fixed shall without lawful or reasonable excuse have in his possession any arms, ammunition, horse or other animal, or any Government Stamps, or other property, knowing the same to belong to Her Majesty or to the East India Company, shall on conviction he liable to the punishment of transportation for life dr of imprisonment with hard labor for a term not exceeding fourteen years, either with or without fine, or to a fine alone, or to corporal punishment not exceeding thirty stripes with a ratan

Section 2. Concealing or neglecting to deliver up such property after issue of proclamation

After any such proclamation shall have been issued, whoever having in his possession any such property as aforesaid, knowing it to belong to Her Majesty or to the East India Company, shall, without lawful or reasonable excuse, conceal or attempt to conceal the same, or neglect to deliver it up as required by the proclamation, shall he liable on conviction to the punishment provided by the preceding Section.

Section 3. Jurisdiction

For offences under this Act, the offender may be tried and sentenced by a Sessions Judge or by a Special Commissioner appointed in the manner provided by Act XIV of 1857; and the sentence or judgment shall not be subject to appeal. Provided that a European British subject shall not he tried under the provisions of this Act:

Section 4. Act not to exempt persons from punishment under Act XVI of 1857

Nothing in this Act shall be deemed to exempt any person from any punishment to which he may be liable under Act XVI of 1857.

Section 5. Duration of Act

This Act shall continue in force for the period of two years from the time of the passing thereof