[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/psa1875168.txt

[New search] [Help]

PUBLIC STORES ACT 1875

PUBLIC STORES ACT 1875 - LONG TITLE

An Act to consolidate, with amendments, the Acts relating to the
Protection of Public Stores.{1}
[29th June 1875]
Short title.

PUBLIC STORES ACT 1875 - SECT 1

1. This Act may be cited as "The Public Stores Act, 1875."

PUBLIC STORES ACT 1875 - SECT 2
Interpretation of terms.

2. In this Act

Definitions rep. by SLR 1893 (No.2)

The term "stores" includes all goods and chattels, and any single
store or article:

Definitions rep. by SLR 1893 (No.2)

PUBLIC STORES ACT 1875 - SECT 3
Stores to which the Act applies.

3. This Act shall apply to all stores under the care,
superintendence, or control of a Secretary of State..., or any
public department or office, or of any person in the service of
Her Majesty, and such stores are in this Act referred to as Her
Majesty's stores. The Secretary of State,..., public department,
office, or person having the care, superintendence, or control of
such stores, are herein-after in this Act included in the expression
public department.

PUBLIC STORES ACT 1875 - SECT 4
Marks in schedule appropriated for public stores.

4. The marks described in the First 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; and it shall be lawful for
any public department, and the contractors, officers, and workmen of
such department, to apply those marks, or any of them, in or on
any such stores; and 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, ....

PUBLIC STORES ACT 1875 - SECT 5
Obliteration with intent to concealment.

5. 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, or any mark whatsoever denoting the
property of Her Majesty in any stores, 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 seven years....

PUBLIC STORES ACT 1875 - SECT 6
Power to stop suspected boats, persons, &c.

6. ... any constable, if deputed by a public department, may,
within the limits for which he is constable, stop, search, and
detain any vessel, boat or vehicle in or on which there is reason
to suspect that any of Her Majesty's stores stolen or unlawfully
obtained may be found, or any person reasonably suspected of having
or conveying in any manner any of Her Majesty's stores stolen or
unlawfully obtained.

A constable shall be deemed to be deputed by a public department
within the meaning of this section if he is deputed by any writing
signed by the person who is the head of such department, or who
is authorised to sign documents on behalf of such department.

PUBLIC STORES ACT 1875 - SECT 7
Unlawful possession of Her Majesty's stores.

7. If any person is brought before a court of summary jurisdiction
charged with conveying or with having in his possession or keeping
any of Her Majesty's stores reasonably suspected of being stolen or
unlawfully obtained, and does not give an account to the
satisfaction of the court how he came by the same, he shall be
deemed guilty of a misdemeanor, and shall be liable, on summary
conviction, to a penalty not exceeding five pounds, or, in the
discretion of the court, to be imprisoned for any term not
exceeding two months,....

PUBLIC STORES ACT 1875 - SECT 8
Prohibition of sweeping, &c. near dockyards, artillery ranges, &c.

8. It shall not be lawful for any person, without permission in
writing from a public department, or from some person authorised by
a public department in that behalf (proof of which permission shall
lie on the party accused,) to gather or search for stores, or to
creep, sweep, or dredge in the sea or any tidal water, within one
hundred yards from any vessel belonging to Her Majesty or in Her
Majesty's service, or from any mooring place or anchoring place
appropriated to such vessels, or from any moorings belonging to Her
Majesty, or from any of Her Majesty's wharves, or dock, victualling,
or steam factory yards, or within one thousand yards from any
battery or fort used for the practice of artillery either by the
Royal Artillery or by... volunteer artillery [or from any aerodrome
used by the Air Force], or in or on any part of the spaces or
distances, whether covered with water or not, from time to time
marked out as ranges for artillery practice for the use of Her
Majesty's ships, or marked out and appropriated for ranges under the
provisions of the Artillery Ranges Act, 1862.

If any person acts in contravention of this provision he shall be
liable, on summary conviction, to a penalty not exceeding five
pounds, or, in the discretion of the court, to be imprisoned for
any term not exceeding two months,....

PUBLIC STORES ACT 1875 - SECT 9
Penalty on dealer, &c. found in possession of stores, and not
accounting for them.

9. If stores are found in the possession or keeping of a person
being in Her Majesty's service, or in the service of a public
department, or being a dealer in marine stores or in old metals,
[or a pawnbroker] (within the meaning of any enactments for the
time being in force relating to such dealers [or to pawnbrokers]),
and he is taken or summoned before a court of summary jurisdiction,
and the court sees reasonable grounds for believing the stores found
to be or to have been Her Majesty's property, then if such person
does not satisfy the court that he came lawfully by the stores so
found, he shall be liable, on summary conviction, to a penalty not
exceeding five pounds.

PUBLIC STORES ACT 1875 - SECT 10
Criminal possession explained.

10. For the purposes of this Act stores shall be deemed to be in
the possession or keeping of any person if he knowingly has them
in the actual possession or keeping of any other person, or in any
house, building, lodging, apartment, field, or place, open or
enclosed, whether occupied by himself or not, and whether the same
are so had for his own use or benefit or for the use or benefit
of another.[

PUBLIC STORES ACT 1875 - SECT 12
Powers of arrest.

12.(1) Any person may arrest without warrant anyone who is, or whom
he, with reasonable cause, suspects to be, in the act of committing
or attempting to commit an offence against section 5 or 8 of this
Act.

(2) If it is made to appear by information on oath before a
justice of the peace that there is reasonable cause to believe that
any person has in his custody or possession or on his premises any
stores in respect of which an offence against section 5 of this
Act has been committed, the justice may issue a warrant to a
constable to search for and seize the stores as in the case of
stolen goods, and the Police (Property) Act 1897 shall apply as if
this subsection were among the enactments mentioned in section 1(1)
of that Act.]

PUBLIC STORES ACT 1875 - SECT 13
Provision for regimental necessaries, &c.

13. The provisions of this Act relative to the taking out,
destroying, or obliterating of marks, or to the having in possession
or keeping Her Majesty's stores, shall not apply to stores issued
as regimental necessaries or otherwise for any soldier,..., or
volunteer; but nothing herein shall relieve any person from any
obligation or liability to which he may be subject under any other
Act in respect of any such stores.

PUBLIC STORES ACT 1875 - SECT 14
Summary proceedings for offences, penalties, &c. in Ireland.

14. In ... Ireland all offences for which a person is liable under
this Act on summary conviction to any punishment or penalty may be
prosecuted, and any such penalty may be recovered before a court of
summary jurisdiction in manner directed by the Summary Jurisdiction
Acts.

Proviso rep. by 1962 c.30 s.30(2)(d) sch.4 Pt.IV

PUBLIC STORES ACT 1875 - SECT 15
Penalties, &c. to be paid into Exchequer.

15. Any pecuniary penalty or other money recovered under this Act
in relation to any stores shall, in such manner as the Treasury
from time to time direct, be paid into the receipt of the
Exchequer, and carried to the Consolidated Fund; and this section
shall supersede any enactment to the contrary contained in any Act
relating to municipal corporations... or in any other Act.

PUBLIC STORES ACT 1875 - SECT 16
Not to prevent persons being indicted.

16. Nothing in this Act shall prevent any person from being
indicted under this Act or otherwise for any indictable offence made
punishable on summary conviction by this Act, or prevent any person
from being liable under any other Act or otherwise to any other or
higher penalty or punishment than is provided for any offence by
this Act, so that no person be punished twice for the same
offence.

S.17 rep. by SL(R) 1976

PUBLIC STORES ACT 1875 - SECT 18
Act to apply to stores marked before its passing.

18.... 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.

threads laid up with the yarns and

the wire respectively.

and seamen's bags.

wick or wicks of red cotton.

predecessors, her heirs or successors,

or of any public department, or

any branch thereof, or the broad

arrow, or a crown, or Her Majesty's

enumerated, whether similarto the above or not.combination with any
such name

as aforesaid, or with any letters

denoting any such name.

Second Schedule rep. by SLR 1883