Naval Stores Act 1867
| Jurisdiction | UK Non-devolved |
| Citation | 1867 c. 119 |
| Year | 1867 |
Naval Stores Act, 1867.
(30 & 31 Vict.) C A P. CXIX.
An Act for the Protection of Naval Stores.
[20th August 1867]
B E it enacted by the Queen'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, as follows:
1 Short Title.
1. This Act may be cited as TheNaval Stores Act, 1867.
2 Extent of Act.
2. This Act shall not extend toScotland or Ireland.
3 Interpretation of Terms.
3. In this Act—
The Term ‘the Admiralty’ means the Lord High Admiral of the United Kingdom or the Commissioners for executing the Office of Lord High Admiral:
The Term ‘Dealer in Marine Stores’ means a Person bound to conform to the Regulations of The Merchant Shipping Act, 1854, Section Four hundred and eighty:
The Term ‘Dealer in old Metals’ has the same Meaning as in The Old Metal Dealers Act, 1861:
The Term ‘Stores’ includes all Goods and Chattels and any single Store or Article.
4 & 28 Vict. c. 91. repealed, bu not to apply to Offences before passing this Act.
4. The Naval and Victualling Stores Act, 1864, is hereby repealed; but this Repeal or anything in this Act shall not apply to or in respect of any Offence, Act, or Thing committed or done before the passing of this Act, save that this Act shall apply to Stores bearing any such Mark or Part of a Mark as in this Act mentioned, whether applied before or after the passing of this Act.
5 Marks in Schedule appropriated for Naval Stores.
5. The Marks described in the Schedule to this Act may be applied in or on Stores therein described in order to denote Her Majesty's Property in Stores so marked.
It shall be lawful for the Admiralty, their Contractors, Officers, and Workmen, to apply those Marks or any of them in or on any such Stores.
If any Person, without lawful Authority (Proof of which Authority shall lie on the Party accused), applies any of those Marks in or on any such Stores, he shall be guilty of a Misdemeanor, and shall, on Conviction thereof, be liable to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour.
6 Obliteration, with Intent to Conceal, &c., Felony.
6. If any Person, with Intent to conceal Her Majesty's Property in any Stores, takes out, destroys, or obliterates, wholly or in part, any such Mark as aforesaid, he shall be guilty of Felony, and shall, on Conviction thereof, be liable, in the Discretion of the Court before which he is convicted, to be kept in Penal Servitude for any Term not exceeding Five Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement.
7 Knowingly receiving, &c., marked Stores a Misdemeanor.
7. If any Person, without lawful Authority (Proof of which Authority shall lie on the Party accused), receives, possesses, keeps, sells, or delivers any Stores bearing any such Mark as aforesaid, or any Part of any such Mark, knowing them to bear such Mark or Part of a Mark, he shall be guilty of Misdemeanor, and shall, on Conviction thereof, be liable to be imprisoned for any Term not exceeding One Year, with or without Hard Labour.
8 Knowledge of Stores being marked presumed against Dealers, &c.
8. Where the Person charged with such a Misdemeanor as last aforesaid was at the Time at which the Offence is charged to have been committed in Her Majesty's Service, or in the Service of the Admiralty, or a Dealer in Marine Stores or in old Metals, or a Pawnbroker, Knowledge on his Part that the Stores to which the Charge relates bore such a Mark or Part of a Mark as aforesaid shall be presumed until the contrary is shown.
9 Summary Conviction in certain Cases.
9. A Person charged with such a Misdemeanor as last aforesaid in relation to Stores the Value whereof does not exceed Five Pounds shall be liable, on summary Conviction before a Justice of the Peace, to a Penalty not exceeding Twenty Pounds, or, in the Discretion of the Justice, to be imprisoned for any Term not exceeding Six Months, with or without Hard Labour.
10 Penalty on Dealer, &c. found in possession of unmarked Stores, and not accounting.
10. If Stores are found in the Possession of a Person being in Her Majesty's Service or in the Service of the Admiralty, or being a Dealer in Marine Stores or in old Metals, or a Pawnbroker, and he is taken or summoned before a Justice of the Peace, and such Stores do not bear any such Mark or Part of a Mark as aforesaid, but the Justice sees reasonable Grounds for believing them to be...
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