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GUN BARREL PROOF ACT 1868

GUN BARREL PROOF ACT 1868 - LONG TITLE

An 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{1}.
[13th July 1868]
Charter of 14th March 1637.

f3xtWhereas by Royal Charter, dated the fourteenth day of March one
thousand six hundred and thirty-seven, the Master, Wardens, and
Society of the Mystery of Gunmakers of the City of London (in this
Act called "the Gunmakers Company") were incorporated, with powers of
searching for and proving and marking all manner of hand guns,
great and small daggs and pistols, and every part thereof, whether
made in London or the suburbs or within ten miles thereof, or
imported from foreign parts, or otherwise brought thither for sale,
and a scale for proof was thereby established, and in pursuance of
their Charter the Gunmakers Company have established a Proof House
near the City of London: and whereas by "The Gun Barrel Proof Act
1855," the Acts then relating to the Guardians, Trustees, and
Wardens of the Gun Barrel Proof House of the Town of Birmingham
(in this Act called "the Guardians") were repealed, and the
Guardians were continued incorporated, but by their present name of
"the Guardians of the Birmingham Proof House," and their Constitution
was altered: and whereas by the said Act of 1855 (herein-after
called "the recited Act") provision was made for the proving of the
barrels of small arms by the Gunmakers Company at their Proof
House, and by the Guardians at the Birmingham Proof House, and
certain rules and regulations and a scale of proof were thereby
established, but subject to alteration from time to time as by that
Act provided, and the recited Act contains divers provisions for
securing that barrels, not including military barrels, made for the
use of Her Majesty's Forces or for the then and late Honourable
East India Company, should be delivered to the Gunmakers Company and
the Guardians (in this Act called "the Two Companies") respectively,
to be duly proved by them at their respective Proof Houses: and
whereas the rules and regulations and scale of proof have from time
to time been altered, and the same respectively now in force under
the recited Act are not applicable to every description of small
arm now in use, or are in other respects defective, and it is
expedient that the same respectively be amended: and whereas it is
expedient that the Constitution of the Guardians and the Mode of
Election of Guardians elected by the Birmingham Gun Trade be altered
and amended, and that further provision be made with respect to the
powers and duties of the Proof Master, Wardens, and other officers
of the Two Companies respectively: and whereas the provisions of the
recited Act have proved insufficient to prevent the forging and
counterfeiting of proof marks of the Two Companies respectively, and
to ensure that barrels of small arms made in England be submitted
to the requisite proof, and have been found defective in other
respects, and it is expedient that further provision be made against
the forging or counterfeiting of proof marks of the Two Companies
respectively, and for ensuring that barrels of small arms made in
England be duly proved, and marked as proved, and that the
exemption of military barrels from such proof be confined to
military barrels made for the use of Her Majesty's forces or for
the late Honourable East India Company while the barrels are the
property of Her Majesty, and that the provisions of the recited Act
be amended in other respects: and whereas it is expedient that the
Two Companies respectively be authorized to provide and maintain
Branch Proof Houses at or near to London and Birmingham
respectively: and whereas the objects of this Act cannot be attained
without the authority of Parliament:

GUN BARREL PROOF ACT 1868 - SECT 2
| 1. This Act may for all purposes be cited as ""The Gun Barrel
Proof Act 1868.''

2. Commencement

GUN BARREL PROOF ACT 1868 - SECT 4
| 3. This Act shall not in any way interfere with the power of
Her Majesty, her heirs and successors, from time to time to
establish public Proof Houses in such places and under such
regulations as to the care and management thereof as to Her
Majesty, her heirs and successors, may seem fit.

4. In the construction of this Act the following words and
expressions have the following meanings, unless there be in the
subject or context something repugnant to or inconsistent with such
construction; to wit,"the Guardians" means "the Guardians of the
Birmingham Proof House" as incorporated under the recited Act and as
continued and constituted under this Act:["the Permanent International
Commission" means the Permanent International Commission for the proof
of small arms mentioned in section 129(1) of this Act;]"barrel"
includes every barrel of every small arm, and every breech of every
small arm, and every part of every small arm which would in the
user of the small arm contain all or any part of the charge of
the small arm, and every part of every small arm in, from, or
through which part in the user of the small arm all or any part
of the charge thereof would be exploded or discharged:"double barrel"
includes every barrel of or constructed for every small arm having
any number of barrels more than one:"definitive proof" means proof
of a barrel not liable in any subsequent stage of manufacture to
be reduced in strength before it forms part of a small arm in a
finished state:"stamp" includes every stamp, die, punch, tool, and
other instrument whatsoever by means whereof any mark can be made
on any metal whatsoever:["convention proof mark" has the meaning
given in section 129(1) of this Act;]...

(c)in Northern Ireland, #1,000;]

The several weights by this Act or any Schedule thereto prescribed
[which are expressed in imperial units] are avoirdupois weight.

GUN BARREL PROOF ACT 1868 - SECT 5
1847 c.16 incorporated.

5. "The Commissioners Clauses Act 1847," is, except where varied by
this Act incorporated with this Act, except the following clauses
thereof; that is to say, the clauses

With respect to the qualification of Commissioners;

With respect to the election and rotation of the Commissioners where
the Commissioners are to be elected by the ratepayers or other like
class of electors;

With respect to the appointment and accountability of the officers
of the Commissioners;

With respect to the mortgages to be executed by the Commissioners;

With respect to the accounts to be kept by the Commissioners;

With respect to the making of byelaws;

And for the purposes of this Act the expression "the Commissioners"
in that Act means the Guardians, and the expression "the Clerk to
the Commissioners" means the Law Clerk to the Guardians.

GUN BARREL PROOF ACT 1868 - SECT 6
1845 c.18

6. "The Lands Clauses Consolidation Act 1845," and "The Lands
Clauses Consolidation Acts Amendment Act 1860," are incorporated with
this Act, but not so as to authorize the purchasing of any lands
otherwise than by agreement.

GUN BARREL PROOF ACT 1868 - SECT 7
Above-named Acts in Sect.6 not to apply to Gunmakers Company.

7. Provided always, that, except for the interpretation of words and
expressions in this Act, the clauses and provisions incorporated with
this Act of "The Commissioners Clauses Act 1847," "The Lands Clauses
Consolidation Act 1845," and "The Lands Clauses Consolidation Acts
Amendment Act 1860," respectively, do not extend or apply to the
Gunmakers Company, or any of the officers or servants thereof.

GUN BARREL PROOF ACT 1868 - SECT 8
Same Meanings to Words in incorporated Acts as in this Act and in
Schedules.

8. The several words and expressions to which by the Acts wholly
or partially incorporated with this Act meanings are assigned have
in this Act the same respective meanings, and the several words and
expressions to which by this Act meanings are assigned have in the
Schedules to this Act annexed the same respective meanings, unless
in any such case there be in the subject or context something
repugnant to or inconsistent with such construction.

Ss.920 (Inapplicable to NI)

Power to maintain Birmingham Proof House, and provide offices and a
rifle ground.

GUN BARREL PROOF ACT 1868 - SECT 88

88. The Guardians from time to time may maintain the present
Birmingham Proof House, or instead thereof provide and maintain such
other Proof House in Birmingham as they think fit, and may provide
and maintain such fit and convenient public offices in Birmingham
for transacting the business and holding the meetings of the
Guardians, and for the use of their officers, and for any other
purposes of this Act, as they think fit, and may also provide a
rifle shooting ground, and make all necessary erections for the
protection of the public and the convenience of the parties using
it, and such shooting ground shall be open to the Guardians and
the members of the Birmingham Gun Trade, and to such other persons
as the Guardians may from time to time decide to admit, subject to
such payments, if any, and regulations as they shall in their
byelaws require to be made and observed respectively.

GUN BARREL PROOF ACT 1868 - SECT 89
Power to provide Branch Proof Houses.

89. The Two Companies respectively from time to time may provide
and maintain in proper and convenient places... so many Branch Proof
Houses as they respectively think proper, and in accordance with
this Act may maintain and use every Branch Proof House so provided,
and the works and conveniences thereof, and may from time to time
discontinue every such Branch Proof House, and revive every
discontinued Branch Proof House, as often as they think fit.

GUN BARREL PROOF ACT 1868 - SECT 90
Notice of Branch Proof Houses.

90. When the Two Companies respectively provide or revive, in
accordance with this Act, a Branch Proof House, they shall give
public notice thereof, and of the situation of the Branch Proof
House, and of the then limitation, if any, of the right of user
thereof, by advertisement [published

(a)in the London, Edinburgh and Belfast Gazettes;

(b)in a local newspaper circulating in Birmingham;

(c)in daily newspapers circulating generally in England and Wales, in
Scotland and in Northern Ireland respectively],

Power to purchase Lands, &c.

GUN BARREL PROOF ACT 1868 - SECT 91

91. The Two Companies respectively may from time to time, but only
by agreement, purchase, take on lease, and otherwise acquire and
hold any lands and easements or rights in or affecting lands which
they think requisite for any of the purposes of this Act, and may
purchase, take, and acquire the same on such terms and conditions
as they think fit: provided always, that the total quantity of land
which either of the Two Companies shall at any time hold shall not
exceed fifty acres.

GUN BARREL PROOF ACT 1868 - SECT 92
The Two Companies to maintain Proof House and Branch Proof Houses.

92. The Two Companies respectively shall from time to time maintain
a proper public Proof House in or near London and Birmingham
respectively, and every Branch Proof House provided by them
respectively, except during the time such Branch Proof House shall
be lawfully discontinued as a proper public Proof House, and shall
maintain the same Proof House and Branch Proof House respectively
with all things necessary for proving barrels thereat, and shall at
all times keep the same respectively in proper order and condition
for the proving of all barrels from time to time duly brought
thereto for proof thereat, and shall keep at their respective Proof
House, and may, if they think fit, keep at every or any Branch
Proof House provided by them respectively, a set of standard plugs
to determine the size of the barrels; but the Two Companies
respectively from time to time may limit the right of user of any
Branch Proof House provided by them respectively to the proving
thereat of such barrels as they respectively think fit, so as they
respectively give public notice of every such limitation by
advertisement [published

(a)in the London, Edinburgh and Belfast Gazettes;

(b)in a local newspaper circulating in Birmingham;

(c)in daily newspapers circulating generally in England and Wales, in
Scotland and in Northern Ireland respectively].

GUN BARREL PROOF ACT 1868 - SECT 93
Fund for Restoration of Birmingham Proof House and Branch Proof
Houses.

93. The Guardians may from time to time provide such a fund, to
be called "The Reserve Fund," as in their opinion will be
sufficient to rebuild or restore the Birmingham Proof House, and
every Branch Proof House of the Guardians, and the works and
conveniences thereof respectively, in the event of the same being
destroyed or damaged by fire, explosion, or other casualty, and to
make good all damage which the Guardians may be liable to
compensate by reason of such casualty, and may from time to time
invest that fund in some of the public funds or in government
securities, or on mortgage of freehold securities, or of any city,
borough, or other municipal rates or funds, in the name of the
Guardians of the Birmingham Proof House, and until so invested may
deposit the same in any bank, and, when necessary, convert the same
or a part thereof into money, and apply the proceeds thereof for
the purposes mentioned in this provision: provided always, that the
investments and monies at the commencement of this Act representing
the Repair Fund under the recited Act shall be deemed part of the
Reserve Fund under this Act.

GUN BARREL PROOF ACT 1868 - SECT 94
Application of monies by Guardians.

94. All monies from time to time received under this Act by or
for the Guardians, or vested in or belonging to the Guardians under
or by virtue of this Act, shall be applied

First, in payment of the costs, charges, and expenses of and
incident to the obtaining and passing of this Act:

Secondly, in maintaining, repairing, and improving the Birmingham
Proof House, and providing, maintaining, repairing, and improving the
Branch Proof Houses of the Guardians, and proving, and marking as
proved, the barrels tendered at the same respectively for proof,
including the remuneration, salaries, and wages of the Proof Master,
Wardens, Assistant Proof Masters, and other officers, workmen, and
servants of the Guardians, the remuneration of the elected Guardians,
and other the incidental expenses of the Guardians in the execution
of this Act:

Thirdly, in payment of the superannuation allowances and gratuities
granted under this Act to officers, workmen, servants, and others:

Fourthly, when and so soon as the Guardians think fit, in providing
and maintaining a rifle shooting ground and all necessary erections
by this Act authorized:

Fifthly, in contributing such sums as the Guardians think fit
towards a benefit or superannuation fund, if one be established by
the Birmingham Gun Trade:

Sixthly, the surplus and the income of the investments thereof shall
constitute "the Reserve Fund:"

Duties and Powers of Proof Masters and Wardens.

GUN BARREL PROOF ACT 1868 - SECT 95

95. The Proof Master and Wardens, so long as there shall be
Wardens, but otherwise the Proof Master alone of the Guardians,
shall have the custody of the proof stamps of the Guardians, and
shall, under and in accordance with the [rules] and regulations of
the Guardians from time to time in force, superintend all other the
officers, workmen, and servants of the Guardians in the discharge of
their duties and conduct, the general management of the Birmingham
Proof House, and the Branch Proof Houses of the Guardians, and the
Proof Master, with the consent of the Wardens, if there shall be
Wardens, but otherwise in his own discretion, may from time to time
appoint, and at pleasure remove, any Assistant Proof Master, inferior
officer, workman, or servant of the Guardians, as he may think fit,
and may determine their respective duties and remuneration: provided
always, that if the Proof Master is a salaried officer, and not a
Guardian, he shall not, without the previous consent of the chairman
of the Guardians, appoint or remove any Assistant Proof Master,
inferior officer, workman, or servant, but may, for misconduct,
suspend him from his employment, and shall forthwith report the
suspension to the Chairman.

GUN BARREL PROOF ACT 1868 - SECT 96
Attendance of Officers at Proof Houses and Office of the Two
Companies.

96. Each of the Two Companies shall require their Proof Master or
Assistant Proof Masters, or such of them, and such other officers,
workmen, or servants, as are in the opinion of the Two Companies
respectively requisite for the business of the Two Companies
respectively, to attend at their office, Proof House, and Branch
Proof Houses respectively daily, or on such days (Sunday, Christmas
Day, Good Friday, and any day appointed for a general fast or
thanksgiving only excepted,) as they from time to time think fit to
appoint, for the purpose of transacting the ordinary business of the
Two Companies respectively; and due notice of the situation of the
Proof House and Branch Proof Houses and office of the Two Companies
respectively, and of the hours, and, as to Branch Proof Houses, of
the days and hours, during which attendance is given there
respectively, shall be published by the Two Companies respectively as
they think fit, to the end that the same may be fully and
generally known.

GUN BARREL PROOF ACT 1868 - SECT 97
Proof Master of Gunmakers Company responsible.

97. The Proof Master of the Gunmakers Company, or such officer of
that company as that company shall from time to time appoint to
act in that behalf, shall be responsible for the execution by
himself or his assistants of the several duties with respect to the
receiving, proving, marking as proved, and delivering of barrels by
this Act imposed on the Gunmakers Company.

GUN BARREL PROOF ACT 1868 - SECT 98
Proof Master of Guardians responsible.

98. The Proof Master of the Guardians, or in his absence the
Deputy Proof Master, if any, shall be responsible for the execution
of the several duties with respect to the receiving, proving,
marking as proved, and delivering of barrels by this Act imposed on
the Guardians.

GUN BARREL PROOF ACT 1868 - SECT 99
Declaration by Proof Master and Assistant Proof Masters of Guardians.

99. A person shall not be capable of acting as Proof Master,
Deputy Proof Master, or Assistant Proof Master of the Guardians
unless and until he has made and signed before one of the
Guardians a declaration to the effect following:

" A.B.do solemnly declare that I will, so long as I continue Proof
Master [or Deputy Proof Master or Assistant Proof Master] of the
Guardians of the Birmingham Proof House, well and faithfully behave
myself in that Office, and prove all barrels brought to me for
that purpose according to the rules and regulations and the Scale
of Proof from time to time in force under "The Gun Barrel Proof
Act 1868," and that I will not during the time that I continue
such Proof Master [or Deputy Proof Master or Assistant Proof Master]
take any fee or reward from any person to prove or for having
proved any barrel otherwise than as that Act directs, and that I
will execute that office without favour or affection, prejudice or
malice, and to the best of my skill and ability.'

...

Ss.100105 rep. by 1978 c.9 s.8(2) sch.4

GUN BARREL PROOF ACT 1868 - SECT 106
Regulations to be made by the Two Companies for proving barrels.

106. [The Two Companies respectively] from time to time may make
and establish such rules and regulations as appear to them necessary
for receiving at their [respective] Proof House, and any Branch
Proof House provided by them [respectively], barrels for proof, and
for proving there, and marking as proved, the same, according to
the provisions of this Act, and for re-delivering the same when so
proved and marked.

GUN BARREL PROOF ACT 1868 - SECT 107
The Two Companies to receive, prove, mark, and deliver barrels
brought to them for proof.

107. The Two Companies respectively shall receive all barrels in the
proper state for proof, and whether or not theretofore proved,
brought to their respective Proof House, or, subject to any
limitation of the right of user for the time being in force under
this Act, to any Branch Proof House for the time being provided by
them respectively, and shall duly prove such barrels at such Proof
House or Branch Proof House according to the rules, regulations, and
scales in force under this Act, and shall duly mark such barrels
when proved (if found of proof) as duly proved according to such
rules, regulations, and scales, and upon repayment of all sums
actually paid by the Two Companies respectively in respect of the
carriage of such barrels, and their delivery at such Proof House or
Branch Proof House, and their re-delivery when proved, and on
payment of the charges for proving and marking as proved by this
Act authorized, shall deliver the barrels so proved and marked as
proved to the person or persons entitled to receive the same.

GUN BARREL PROOF ACT 1868 - SECT 108
Small arms not be sold or exported unless proved and marked as
proved.

108. A small arm shall not be sold or exchanged, or be attempted
to be sold or exchanged, or exposed or kept for sale or exchange,
or be exported or attempted to be exported or be kept for
exportation, unless and until the barrel or every barrel thereof has
been duly proved at the Proof House or a Branch Proof House of
either of the Two Companies, or some other public Proof House
established by law, and duly marked as proved.

GUN BARREL PROOF ACT 1868 - SECT 109
Small arms not to be pawned unless proved, &c.

109. A small arm shall not be pawned or pledged, or be attempted
to be pawned or pledged, or taken in pawn or pledge, unless and
until the barrel or every barrel thereof has been duly proved at
the Proof House or a Branch Proof House of either of the Two
Companies, or some other public Proof House established by law, and
duly marked as proved.

GUN BARREL PROOF ACT 1868 - SECT 110
Double barrels provisionally proved, and reduced in strength, to be
deemed unproved.

110. Every double barrel provisionally proved according to the
recited Act or this Act, and at any time thereafter reduced in
strength in any progressive stage of the manufacture thereof, shall
for the purposes of this Act be deemed an unproved barrel, except
for the purpose of receiving and until it shall have received the
definitive proof.

GUN BARREL PROOF ACT 1868 - SECT 111
Barrels reduced so that the mark does not represent the proof to
be deemed unproved.

111. If any barrel which shall be marked as proved under the
recited Act or this Act shall by any process of manufacture, or by
any other means whatsoever other than the user and wear and tear
thereof, be unduly reduced in substance or strength so as that the
mark thereon does not duly represent the proof which if then duly
proved it would bear, every such barrel shall for the purposes of
this Act be deemed an unproved barrel.

GUN BARREL PROOF ACT 1868 - SECT 112
Barrels with marks defaced or removed to be deemed unproved.

112. Except as herein-after provided with respect to the removal of
provisional proof marks on converted barrels, if any barrel marked
as proved under the recited Act or this Act have at any time the
mark of such proof removed therefrom or altered, or so defaced as
not to be distinguishable, or cut, severed, or removed from such
barrel in any process of manufacture, or by any other means
whatsoever other than the user and wear and tear thereof, every
such barrel shall for the purposes of this Act be deemed an
unproved barrel.

GUN BARREL PROOF ACT 1868 - SECT 113
But provisional proof on military barrels converted may be removed
by Proof Master, &c.

113. Provided always, that whenever any barrel proved and marked as
proved provisionally by either of the Two Companies under the
recited Act or this Act, and not being a breech loader, is brought
to the Proof House or a Branch Proof House of the respective
Company by which the barrel was originally so marked, accompanied by
a statement in writing made or purporting to be made by or on
behalf of the owner or owners of the barrel that the same is
intended to be converted into a breech loader, the Proof Master of
the Gunmakers Company, or the duly appointed officers in that behalf
of that Company, or, as the case may be, the Proof Master or
Assistant Proof Masters of the Guardians, may efface all existing
proof marks from the barrel, and, where it is not necessary that
the barrel be again submitted to provisional proof, may and shall
impress a new provisional proof mark at a proper and convenient
distance higher up on the barrel, without subjecting the barrel to
any further provisional proof.

GUN BARREL PROOF ACT 1868 - SECT 114
Converted barrels with provisional proof mark remaining to be deemed
provisionally proved barrels.

114. Where a proved barrel of one sort which has been proved and
marked as proved provisionally by either of the Two Companies under
the recited Act or this Act, and whether or not it has been
proved and marked as proved definitively by the respective Company
under the recited Act or this Act, is converted into a barrel of
another sort (as, for instance, flint into percussion, or muzzle
loader into breech loader, or vice versa), the barrel from the time
when the conversion thereof is begun shall, if when the conversion
of it is completed the mark of provisional proof be upon it, be
deemed for the purposes of this Act a barrel proved provisionally
by the Company whose provisional proof mark it bears.

GUN BARREL PROOF ACT 1868 - SECT 115
Other barrels when converted to be deemed unproved barrels.

115. Where a proved barrel of one sort which has by either of the
Two Companies been proved and marked as proved definitively only
under the recited Act or this Act, or which has not been proved
and is not liable to be proved under the recited Act or this Act,
is converted into a barrel of another sort (as, for instance, flint
into percussion, or muzzle loader into breech loader, or vice
versa), the barrel from the time when the conversion thereof is
begun shall for the purposes of this Act be deemed an unproved
barrel.

GUN BARREL PROOF ACT 1868 - SECT 116
Barrels to be proved according to rules, regulations, and scale.

116. Subject to the provisions of this Act, the rules, regulations,
and scales respectively specified in Schedule B to this Act annexed
shall respectively be the rules, regulations, and scales for the
proof according to this Act of all barrels on and after the day
hereinbefore appointed for the commencement of this Act.

GUN BARREL PROOF ACT 1868 - SECT 117
Alteration of rules, regulations, and scale for proof.

117. Provided always, that the Two Companies from time to time,
should they deem the proof or the rules, regulations, and scales
stated in Schedule B to this Act annexed, or any of them
respectively, insufficient or inapplicable or unsuitable, on
application to and with the approval of [the Secretary of State],
or such Secretary of State, on the application of either of the
Two Companies in case the other of them decline, or for one month
after being thereunto requested in writing fail, to concur in the
application, may repeal or alter all or any of the rules and
regulations and all or any part of the scales respectively from
time to time in force under this Act for the proof of small arms
or of any classes of small arms, and may make, repeal, and alter
any new rules and regulations and any new scales in that behalf:
provided also, that notice of every such repeal or alteration, and
of, every such new rule, regulation, and scale, shall be given by
advertisement [published

(a)in the London, Edinburgh and Belfast Gazettes;

(b)in a local newspaper circulating in Birmingham;

(c)in daily newspapers circulating generally in England and Wales, in
Scotland and in Northern Ireland respectively],

Charges for proving and marking barrels.

GUN BARREL PROOF ACT 1868 - SECT 118

118. For all barrels duly proved at the Proof House or any Branch
Proof House of the Two Companies respectively they respectively may
demand and take such sums as they respectively may from time to
time appoint, not exceeding such sums as are specified in Schedule
C to this Act annexed.

GUN BARREL PROOF ACT 1868 - SECT 119
How far Act shall extend to barrels made for Her Majesty's Forces,
&c.

119. This Act shall not extend to compel the proving or marking as
proved of any military barrel made for the use of Her Majesty's
forces or for the late Honourable East India Company while it is
the property of Her Majesty, nor to any such barrel after it has
ceased to belong to Her Majesty, so long as it shall bear, in
addition to a proof mark authorized by [the Ministry of Defence],
the letter S struck (prior to such cesser) over or upon the broad
arrow or some part thereof by the said [Ministry]; and if any such
barrel, after it has ceased to belong to Her Majesty, shall not so
bear such letter S, but shall so bear the letter O, this Act
shall only compel the proving and marking as proved of such last
mentioned barrel in manner and to the extent in that behalf in
Schedule B to this Act annexed specified; but if any such barrel
as in this clause first mentioned, after it has ceased to belong
to Her Majesty, shall not so bear such letter S or such letter O,
it shall (whether it shall or shall not bear a proof mark
authorized by [the Ministry of Defence]) be deemed an unproved
barrel under this Act: provided always, that the officers of the
[Secretary of State] may apply the letters S and O respectively to
such of the military barrels in this enactment mentioned as the
said Secretary of State shall think fit; and if any person, without
lawful authority, proof of which authority shall lie on the party
accused, applies those marks or either of them over or upon the
broad arrow in or on any such military barrel he shall be [guilty
of an offence and liable on conviction on indictment to imprisonment
for a term not exceeding two years.]

GUN BARREL PROOF ACT 1868 - SECT 120
Act not to apply to barrels above specified size.

120. Provided always, that this Act shall not apply to any barrel
adapted for the discharge of a ball of a greater weight than one
pound and three quarters, or to any barrel of a bore exceeding in
every part thereof the diameter of two inches.

GUN BARREL PROOF ACT 1868 - SECT 121
Offences involving imprisonment.

121. [(1)] Every person who knowingly commits any of the following
offences shall [be guilty of an offence and liable on conviction on
indictment to imprisonment for a term not exceeding] two years; that
is to say,

(1)every person who forges or counterfeits any stamp or any part of
any stamp heretofore or now or hereafter provided or used by either
of the Two Companies for marking any barrel:

(2)every person who sells or parts with the possession of any such
forged or counterfeit stamp or part of a stamp:

(3)every person who marks any barrel with any such forged or
counterfeit stamp, or with any part of any such forged or
counterfeit stamp:

(4)every person who makes up any barrel so marked:

(5)every person who has in his possession or sells or parts with
the possession of any barrel so marked:

(6)every person who forges or counterfeits or by any means
whatsoever produces upon any barrel an imitation of any mark of any
stamp or any part of any stamp heretofore or now or hereafter
provided or used by either of the Two Companies for marking any
barrel:

(7)every person who sells or parts with the possession of any such
mark:

(8)every person who transposes or removes from any barrel to any
other barrel, or from one part of a barrel to another part of the
same barrel, any mark of any stamp or any part of any stamp
heretofore or now or hereafter provided or used by either of the
Two Companies for marking any barrel:

(9)every person who has in his possession or who sells or parts
with the possession of any mark so transposed or removed:

<(10)every person who has in his possession any such forged or counterfeit stamp or part of a stamp, or any such forged or counterfeit mark or imitation of a mark, or any such transposed or removed mark:

<(11)every person who cuts or severs from any barrel any mark of any stamp or any part of any stamp heretofore or now or hereafter provided or used by either of the Two Companies for stamping any barrel,with intent that the mark be placed upon or joined or affixed to any other barrel or any other part of the barrel from which the mark is cut or severed:

<(12)every person who places upon or joins or affixes to any barrel any such mark so cut or severed:

<(13)every person who, with intent to defraud, uses any genuine stamp or any part of any genuine stamp heretofore or now or hereafter provided or used by either of the Two Companies for marking any barrel:

<(14)every person who, with respect to any stamp or mark, or any part of any stamp or mark of a foreign country, already or hereafter registered by either of the Two Companies under the recited Act or this Act, or with respect to any forgery, counterfeit, or imitation of any such stamp or mark or part, or with respect to any barrel marked with any such forged or counterfeited stamp or part of a stamp, commits any such offence as is expressed in this section with respect to any stamp or any part of any stamp heretofore or now or hereafter provided or used by either of the Two Companies for marking any barrel, or with respect to any mark of any such stamp or part of a stamp:

Provided always, that where the person charged with [an offence]
under this section was at the time at which the offence is charged
to have been committed a gunmaker or gun barrel maker, or a maker
of or dealer in small arms or barrels, or any part thereof
respectively, knowledge on his part shall be presumed until the
contrary is shown.

[(2) Any person who, with respect to

(a)any stamp or part of a stamp provided or used at any time by
an official Proof House of any foreign State for impressing upon
any barrel a mark which is or at any time was a convention proof
mark;

(b)any mark of any such stamp or part of a stamp;

(c)any forgery, counterfeit or imitation of any such stamp or part
of a stamp or of any such mark; or

(d)any barrel marked with any such forged or counterfeit stamp or
part of a stamp,

Offences involving fines.

GUN BARREL PROOF ACT 1868 - SECT 122

122. Every person committing any of the following offences shall [be
liable on summary conviction to a fine not exceeding the statutory
maximum and on conviction on indictment to a fine]; to wit,

(1)every person selling or exchanging, or attempting to sell or
exchange, or exposing or keeping for sale or exchange, or exporting
or keeping for exportation from [the United Kingdom], or importing
into [the United Kingdom] or attempting to export or import from or
into [the United Kingdom], or having in his possession (without
lawful excuse, the proof whereof shall be upon him,) any barrel
having thereupon any mark of any forged or counterfeit stamp or
part of a stamp heretofore or now or hereafter provided or used by
either of the Two Companies for marking any barrel, or having
thereupon any forged or counterfeit mark or imitation of a mark of
any stamp or part of a stamp so provided or used, or having
thereupon any mark of any stamp or part of a stamp so provided or
used, such mark having been transposed or removed thereto from any
part of the same barrel or from any other barrel,...:

(2)every person pawning or pledging, or attempting to pawn or
pledge, or taking in pawn or pledge (without lawful excuse, the
proof whereof shall be upon him,) any barrel having thereupon any
mark of any forged or counterfeit stamp or part of a stamp
heretofore or now or hereafter provided or used by either of the
Two Companies for marking any barrel, or having thereupon any forged
or counterfeit mark or imitation of a mark of any stamp or part
of a stamp so provided or used, or having thereupon any mark of
any stamp or part of a stamp so provided or used, such mark
having been transposed or removed thereto from any part of the same
barrel or from any other barrel,...:

(3)every person selling or exchanging, or attempting to sell or
exchange, or exposing or keeping for sale or exchange, or exporting
or keeping for exportation from [the United Kingdom], or attempting
to export from [the United Kingdom], any small arm, the barrel or
barrels whereof are not under the recited Act or this Act duly
proved and marked as proved,...:

(4)every person importing into [the United Kingdom] any small arm,
the barrel or barrels whereof are not under the recited Act or
this Act duly proved and marked as proved, who shall not within
seven days next after the arrival of such small arm in [the United
Kingdom] give notice in writing of such arrival to the Proof Master
of each of the Two Companies, or who shall not within twenty-eight
days next after such arrival send the barrel or barrels of such
imported small arm to the Proof House of one of the Two Companies
for proof thereat according to this Act,...; provided that the
enactment contained in this subsection shall not apply to any small
arm imported by any person for his own personal use while it is
his own property, the proof whereof shall be upon him:

(5)every person pawning or pledging, or attempting to pawn or
pledge, or taking in pawn or pledge, any small arm, the barrel or
barrels whereof are not under the recited Act or this Act duly
proved and marked as proved, or, where any small arm is pawned or
pledged contrary to this subsection, selling or disposing of or
attempting to sell or dispose of the pawn ticket or other like
document taken on the pawning or pledging of such small arm,...:

(6)every person fraudulently erasing, obliterating, or defacing, or
fradulently causing to be erased, obliterated, or defaced, from any
barrel, any mark of any stamp or part of a stamp heretofore or
now or hereafter provided or used by either of the Two Companies
for marking barrels,...:

(7)every person delivering or sending or causing or procuring to be
delivered or sent for sale or exchange, or, under any pretence of
or in connexion with any attempt at sale or exchange, or removing,
consigning, or transmitting, or causing or procuring to be removed,
consigned, or transmitted for sale or exchange, or under pretence of
or in connexion with any attempt at sale or exchange, any small
arm, the barrel or barrels whereof are not under the recited Act
or this Act duly proved and marked as proved,...

GUN BARREL PROOF ACT 1868 - SECT 123
Sending for proof barrels containing explosive substances to be an
offence liable to life imprisonment.

123. If any person knowingly send for proof at the Proof House or
any Branch Proof House of either of the Two Companies any barrel
containing any explosive substance, or any other matter calculated by
explosion or otherwise to occasion injury to any peson handling or
having to do with the barrel for the purposes of proof or
otherwise, every person so sending the barrel containing the
explosive substance or other matter, and every person putting into
the barrel before or when it is so sent the explosive substance or
other matter, and every person causing, procuring, or knowingly
permitting any such offence or an attempt at any such offence, or
in any way aiding or abetting therein respectively, or knowing that
any such offence or attempt has been or is about to be committed
or attempted to be committed, and not using his best endeavours to
give warning thereof to some officer employed at the Proof House or
Branch Proof House to which the barrel is so sent or attempted to
be sent, shall be [guilty of an offence and liable on conviction
on indictment to imprisonment for life].

GUN BARREL PROOF ACT 1868 - SECT 124
Provision as to punishments.

124. The several punishments... enacted in this Act shall not be
cumulative in respect of one and the same offence, but shall be
applicable to any such offence by way of alternative only; [and
proceedings for any offence under this Act which is punishable on
summary conviction may be taken at any time not later than six
months after the time when either of the Two Companies had, or
with reasonable diligence might have had, notice that the offence
had been committed.]

Ss.125, 126 rep. by 1978 c.9 s.8(2) sch.4

GUN BARREL PROOF ACT 1868 - SECT 127
Exemption from punishment where original offender made known to
Companies.

127. Provided always, that if any person, having sold or exchanged,
or pawned or pledged, or attempted to sell or exchange, or pawn or
pledge, or taken in pawn or pledge, or exposed or kept for sale
or exchange, or exported or kept for exportation from [the United
Kingdom], or imported into [the United Kingdom], or attempted to
export or import from or into [the United Kingdom], or had in his
possession, any barrel having thereupon any mark of any such forged
or counterfeit stamp or part of a stamp, or having thereupon any
such forged or counterfeit mark or imitation of a mark, or having
thereupon any mark or imitation of a mark so transposed or removed,
joined or affixed, shall, within three days after notice thereof
given by either of the Two Companies to him or left for him at
his usual or then last place of abode or business in [the United
Kingdom], discover and make known to them the name and place of
abode of the maker of such barrel, or of the manufacturer or
dealer from whom such person bought, had, or received the same,
then every such person so making such discovery shall be exempted
and discharged from the punishment... incurred by him by reason of
his having so sold or exchanged, or pawned or pledged, or attempted
to sell or exchange, or pawn or pledge, or exposed or kept for
sale or exchange, or exported or kept for exportation, or imported
or attempted to export or import, or had in his possession, such
barrel; nevertheless this provision shall not exempt any person from
the legal consequences of having parted with or of having had in
his possession any such barrel, knowing the same to be marked with
the forged or counterfeit stamp, or knowing the mark thereon to be
forged, counterfeit, imitated, marked, transposed or removed, joined
or affixed, if such knowledge be in any proceeding against him for
any such offence duly proved.

GUN BARREL PROOF ACT 1868 - SECT 128
Property in forged stamps, &c. vested in the Company first claiming
the same.

128. The property in every forged or counterfeit stamp heretofore or
now or hereafter provided or used by either of the Two Companies,
and in every part of every such forged or counterfeit stamp, and
in every barrel having thereupon any mark of any such forged or
counterfeit stamp or part of a stamp, and in every barrel having
thereupon any forged or counterfeit mark or imitation of a mark, or
of any stamp or any part of any stamp heretofore or now or
hereafter provided or used by either of the Two Companies, and in
every mark of any such stamp or part of a stamp so transposed or
removed or cut or severed from any barrel, and in every barrel
from which any mark of any such stamp or part of a stamp is
removed or transposed, cut, or severed, and in every barrel to or
upon which any such mark is removed, transposed, or affixed, and in
every small arm and part of a small arm of which any such barrel
shall form part, is by this Act vested absolutely in such one of
the Two Companies as first claims the same; provided that any such
vesting shall not exempt any person from... any legal consequences
under this Act.[

GUN BARREL PROOF ACT 1868 - SECT 129
Convention proof marks.

129.(1) In this Act "convention proof mark" means any mark, sign or
character of which a specimen is for the time being included in
the register of proof marks published by the Permanent International
Commission for the Proof of Small Arms established under a
Convention done at Brussels on 1st July 1969 (in this section and
in sections 130 and 131 of this Act referred to as "the
register"), not being a mark, sign or character included therein as
a United Kingdom proof mark.

(2) The Proof Master of each of the Two Companies shall keep at
the Proof House a copy of the register for the time being in
force, together with copies of any documents published by the
Permanent International Commission amending that register; and the
copy or copies so kept shall be open for public inspection without
charge at all reasonable times.

(3) The Proof Masters of the Two Companies respectively shall from
time to time, by advertisement published

(a)in the London, Edinburgh and Belfast Gazettes;

(b)in a local newspaper circulating in Birmingham; and

(c)in daily newspapers circulating generally in England and Wales, in
Scotland and in Northern Ireland respectively;

Exemption of barrels with convention proof marks.

[

GUN BARREL PROOF ACT 1868 - SECT 130

130.(1) Subject to subsections (5) and (6) below, a barrel (wherever
manufactured) bearing a convention proof mark shall, if the mark was
lawfully impressed upon the barrel in accordance with the law
applicable in the State to whose official Proof House the mark is
attributed by the register, be exempt from liability to proof under
this Act.

(2) Subject to subsections (4), (5) and (6) below, a barrel which
would at any time have been liable to proof under this Act but
for subsection (1) above shall not cease to be exempt from
liability to proof under this Act, so long as it continues to bear
the mark, sign or character by virtue of which it was so exempt
under subsection (1), by reason only of the fact that the mark,
sign or character in question has since ceased to be a convention
proof mark.

(3) No offence shall be committed under this Act

(a)in respect of any barrel; or

(b)by reference to any barrel made up into a small arm,

(4) The Proof Masters of the Two Companies, acting jointly, may by
notice published as mentioned in section 129(3) of this Act withdraw
any exemption continuing by virtue of subsection (2) above by
reference to any mark, sign or character described in the notice,
either generally or in relation to any class or description of
barrels bearing the mark, sign or character in question.

(5) If a barrel of one sort which is exempt under subsection (1)
or (2) above from liability to proof under this Act by virtue of
any mark, sign or character impressed upon it is in the United
Kingdom converted into a barrel of another sort, the barrel shall
cease to be so exempt by virtue of that mark, sign or character
from the time when the conversion is begun.

(6) If a barrel which is exempt under subsection (1) or (2) above
from liability to proof under this Act by virtue of any mark, sign
or character impressed upon it is in the United Kingdom, by any
process of manufacture or by any other means except user and wear
and tear, so reduced in substance or strength that the mark, sign
or character does not represent the proof which the barrel would
bear if it were then duly proved in the official Proof House of
the State in question, the barrel shall thereupon cease to be so
exempt by virtue of that mark, sign or character.][

GUN BARREL PROOF ACT 1868 - SECT 131
Convention proof marks: proceedings for offences.

131.(1) Subject to subsection (2) below, in any proceedings for an
offence under this Act it shall be for the defendant... to show
that any exemption under section 130 of this Act is applicable to
the case.

(2) Subject to subsection (3) below, a person shall not be
convicted of an offence under this Act by virtue of any withdrawal
of exemption under section 130(4) of this Act unless it is shown
that he knew at the time when the offence is alleged to have been
committed that the exemption had been withdrawn.

(3) Subsection (2) above does not apply in any case where the
defendant... was at the time when the offence is alleged to have
been committed a gun maker or gun barrel maker, or a maker of or
dealer in small arms or barrels, or in any parts for small arms
or barrels.

(4) For the purposes of any proceedings for an offence under this
Act a document purporting to be a copy of the register or of any
document published by the Permanent International Commission amending
the register shall be evidence... of the contents of the register
at any time on or after the date on which the document in
question purports to be published.]

GUN BARREL PROOF ACT 1868 - SECT 132

132.

GUN BARREL PROOF ACT 1868 - SECT 137

137. ...

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.

[

GUN BARREL PROOF ACT 1868 - SECT 139

139. Where a barrel bearing

(a)a mark of a forgery or counterfeit of a stamp or part of a
stamp which is or at any time was provided or used by either of
the Two Companies or which is or at any time was a convention
proof mark; or

(b)a forged or counterfeit mark or imitation of a mark of any such
stamp or part of a stamp,

Disposal of detained stamps, barrels and small arms.

[

GUN BARREL PROOF ACT 1868 - SECT 140

140.(1) Where a person is charged with an offence under this Act
in relation to

(a)any stamp, part of a stamp, barrel, small arm or part of a
small arm which has been seized and detained under, or in pursuance
of a report made under, section 138 of this Act; or

(b)any barrel, small arm or part of a small arm which has been
detained under section 139 of this Act,

(2) As soon as practicable after the making of any such order, the
Company shall

(a)destroy any stamp or part of a stamp to which the order
relates; and

(b)prove any barrel to which the order relates and

(i)if it is found of proof, mark it as proved; or

(ii)if it is not found of proof, break and destroy it.]

GUN BARREL PROOF ACT 1868 - SECT 141
Officers removing proof stamps to be punishable as for an offence.

141. Any officer or servant employed at the Proof House or any
Branch Proof House of either of the Two Companies who shall
unlawfully remove from the same any proof stamp shall [be guilty of
an offence and liable on conviction on indictment to imprisonment
for a term not exceeding] three years.

S.142 rep. by 1978 c.9 s.8(2) sch.4

GUN BARREL PROOF ACT 1868 - SECT 143
Penalty on officers for fraud.

143. Every officer or person employed at the Proof House or any
Branch Proof House of either of the Two Companies fraudulently
marking, or causing or procuring or permitting or suffering to be
marked, any barrel as duly proved which has not been duly proved,
or fraudulently marking or causing or procuring or permitting or
suffering any barrel to be marked as duly proved with a mark
indicating any other proof than the proof then duly made thereof,
shall [be liable on summary conviction to a fine not exceeding the
statutory maximum and on conviction on indictment to a fine] and
being legally convicted of any such offence shall thenceforth be
incapable of holding any office or employment in or under either of
the Two Companies, or in any public Proof House established by law,
and if in office or employment in any such Proof House at the
time of such conviction shall be forthwith dismissed from his office
or employment therein.

S.144 rep. by 1978 c.9 s.8(2) sch.4

GUN BARREL PROOF ACT 1868 - SECT 145
Expenses of Act.

145. All the costs, charges, and expenses of and incident to the
obtaining and passing of this Act, or otherwise in relation thereto,
shall be paid by the Guardians.

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