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GUN BARREL PROOF ACT 1868 - SECT 138

Application to justice for warrant for seizure of forged stamps, &c.

138. [(1)] [If either of the Two Companies have reasonable cause to suspect
that there is in any premises or place]

(1)any forged or counterfeit stamp or part of a stamp heretofore or now or
hereafter provided or used by either of the Two Companies; or

(2)Any barrel having thereupon any mark of any such forged or counterfeit
stamp or part of a stamp; or

(3)any barrel having thereupon any forged or counterfeit mark or imitation of
a mark, or of any stamp or part of a stamp, heretofore or now or hereafter
provided or used by either of the Two Companies; or

(4)any barrel from which any mark of any such stamp or part of a stamp is
unlawfully transposed or removed, or cut or severed; or

(5)any barrel upon or to which any mark so unlawfully removed, cut, or severed
is placed, joined, or affixed; or

(6)any barrel having thereupon any forged or counterfeit mark or part of a
mark, or imitation of a mark or part of a mark, of any foreign proof house,
the proof marks whereof are entered in the register of foreign proof marks
kept at the Proof House of either of the Two Companies; or

(7)any barrel which according to this Act ought to be delivered at the Proof
House or some Branch Proof House of either of the Two Companies to be proved
thereat and marked as proved, but is not so delivered; or

(8)any barrel sold or exchanged, or attempted to be sold or exchanged, or
exposed or kept for sale or exchange, or exported or attempted to be exported,
or kept for exportation, contrary to any of the provisions in that behalf of
this Act; or

(9)any barrel pawned or pledged, or attempted to be pawned or pledged, or
taken in pawn or pledge, contrary to any of the provisions in that behalf in
this Act;

[(2) If on an application under subsection (1) above a justice is satisfied by
information on oath that there is reasonable ground for any such suspicion as
is mentioned in that subsection, he may grant a search warrant authorising any
officer of either of the Two Companies together with a constable

(a)to enter at any time any premises or place specified in the warrant, if
necessary by force, and to search the premises or place and every person found
there; and

(b)to seize and detain

(i)any stamp or part of a stamp which he suspects to be a forgery or
counterfeit of a stamp or part of a stamp provided or used at any time by
either of the Two Companies; and

(ii)any barrel which he suspects to be a barrel to which subsection (1) above
applies and any small arm or part of a small arm of which any such barrel
forms part.

(3) Subsection (1) above shall apply in relation to

(a)any barrel bearing any forged or counterfeit mark or part of a mark, or
imitation of a mark or part of a mark, which is or at any time was a
convention proof mark; and

(b)any small arm or part of a small arm of which any such barrel forms part,

Detention of barrels with forged etc. marks brought to proof house.

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© 1868 Crown Copyright

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