Imagini ale paginilor
PDF
ePub

4. A United States marshal, or deputy marshal, the marshal of the supreme court, or any other court officer charged with the execution of any judicial writ or process.

5. Collectors of taxes, internal revenue, and duly appointed internal revenue agents and subagents, and deputy tax collectors.

6. Persons charged with the custody as watchmen or keepers of United States, Canal Zone, or municipal property or funds, carrying a written authorization from a competent authority to act as such.

SEC. 451. All other persons desiring to carry firearms abroad, loaded or unloaded, for any proper purpose or special protection, or authority to arm a watchman or overseer of an estate, plantation, factory, warehouse, dock, or pier, shall make application for a permit to the treasurer of the Canal Zone. Such application shall state the full name, residence and occupation of the applicant, set forth fully the reasons on which the application for the permit is based, and if it is for a person employed to watch or protect private property, shall describe the nature and situation of such property and specify the name of such watchman. The treasurer shall make, or cause to be made, an investigation into the said application, and, when necessary, may refer it through the usual police channels to the officer in command of the post of police nearest the residence of the applicant for such information as may be required. The treasurer shall grant or refuse said application, and shall notify the applicant of his action thereon. All fees for licenses paid hereunder shall be covered into the Treasury and accounted for monthly to the auditor.

SEC. 452. A similar application shall be made by any person desiring to keep a loaded firearm upon the premises occupied by him as a dwelling, or as his place of business, for the purpose of protecting himself or his property, to the mayor of the municipality in which such premises are situated. The mayor shall thereupon, unless the applicant has been convicted in any court of assulting or threatening another with a firearm, issue such a permit upon payment of a license fee of $5 for the benefit of the municipal treasury, provided the applicant dwells in a town or hamlet, and $1 if he dwells in a rural community. Such permit shall be written or printed, shall contain the name of the person to whom it is issued and the premises on which said firearm may be kept, and shall expressly state that it does not authorize the owner to carry the firearm or permit it to be carried away from his said residence or place of business.

SEC. 453. All applications for license or permits under the two foregoing sections must be indorsed by two reputable taxpayers, who shall certify that the applicant is personally known to them, and that such a license or permit may be issued to him with safety and propriety.

SEC. 454. Permits to hunt with firearms upon the public lands of the Canal Zone or on the lands of private ownership, but without prejudice to the rights of the owners, may be issued by the treasurer of the Canal Zone upon application made to him.

SEC. 455. All licenses and permits issued under the provisions of this title shall authorize the person to whom the license is issued to have, use, or carry a firearm for the purposes named therein from the date of such license to and including the 15th day of June next following the date upon which the license is issued. Such permits or licenses shall not be transferable, and shall be issued to one person only, except that a firm or corporation may obtain a license authorizing it to arm a watchman or overseer of premises owned or leased by it.

SEC. 456. The license fees for permits issued by the treasurer under the provisions of this title shall be as follows: For every permit issued to carry a firearm abroad, $5; for every permit authorizing an overseer or watchman engaged by a private employer, $10 for each watchman or overseer so authorized to carry a firearm; for each hunting permit, $5. The treasurer shall keep a record of all licenses issued by him, with the name and residence of the persons to whom they are issued, and the date and serial number thereof.

SEC. 457. No person shall carry abroad in the Canal Zone any stiletto, metal knuckles, dagger, poignard, sword cane, or other sharp or pointed instrument, or slung shot, or carry concealed on his person either of the foregoing or any other weapon. The term "abroad," as used in this title, shall be held to mean away from the home or place of business or habitual dwelling place of the owner: Provided, however, That the prohibition of this section shall not apply to ordinary folding pocket knives having blades less than 3 inches in length; and to the ordinary tools and implements of trade, including the instrument known as the machete, solely when used or necessarily carried for the purpose of cutting grass, cane, wood, or timber, or for any other purpose legitimately incident to the occu

pation of the owner; but the clause last foregoing shall exempt from the penalty hereinafter prescribed only when the weapon is carried as a necessary instrument to a legitimate occupation.

SEC. 458. Infractions of the prohibitions of this title shall be punished as follows: Any person who shall have a loaded firearm in his house or place of business without the mayor's permit, provided for in section 452, shall be punished by a fine of $5 or an imprisonment of 10 days in the municipal jail, in the discretion of the municipal judge. Any person who shall have, use, or carry a firearm abroad, except he shall be included in one of the provisions of this code, or shall have obtained a license therefor from the treasurer of the Canal Zone, shall be fined from $5 to $15, or imprisonment for not less than 30 days, or both fine and imprisonment, in the discretion of the municipal judge. Any person who carries abroad any other weapon in violation of this code shall be punished by a fine of not more than $15 or imprisonment not exceeding 30 days, or both fined and imprisoned, in the discretion of the municipal judge.

SEC. 459. The municipal judge of the municipality wherein the violation occurs shall have jurisdiction of prosecutions under this title. Complaints may be made by any officer of police or by any other person having knowledge of the fact. It shall be the duty of any police officer to arrest any person carrying a firearm or weapon in violation of the provisions of this title, and, in addition to the fine or imprisonment, the judge may declare the firearm or other weapon forfeited. Weapons seized or forfeited under this provision shall be sold under the order of the mayor of the municipality in which the court is held, and the proceeds shall be paid into the municipal treasury.

SEC. 460. It shall be unlawful for any police officer to search any citizen engaged in the orderly and peaceful pursuit of his avocation for the purpose of seizing any firearm or weapon included in the terms of this title. It shall be lawful, however, to make such a search upon the person of any person who is guilty of or is threatening a breach of the peace or any person who is intoxicated or disorderly. Penalties for infractions of this title imposed upon intoxicated and disorderly persons shall be in addition to the penalties incurred for such intoxication or disorderly conduct.

The Executive order of December 1, 1909, which it is proposed to repeal is as follows:

ORDER OF THE SECRETARY OF WAR, DECEMBER 1, 1909, AUTHORIZING MEMBERS OF GUN CLUBS TO CARRY ARMS; AND GRANTING ENLISTED MEN OF THE MARINE CORPS ON THE ISTHMUS HUNTING LICENSES WITHOUT CHARGE

By authority of the President of the United States, it is ordered: That Act 14, enacted by the Isthmian Canal Commission by authority of the President under date of September 3, 1904, entitled "An act to establish a penal code for the Canal Zone, Isthmus of Panama," be, and the same is hereby, amended by adding after paragraph 6 of section 450 the following:

7. As a member of a rifle, gun, or pistol club, organized for the promotion of rifle, gun, or pistol practice, a certified copy of whose constitution and by-laws has been approved by the chief executive of the Canal Zone and filed with the collector of revenues, when going to and from a target range and when engaged in target practice at a target range. For the purposes of this section certificates of membership in such rifle, gun, or pistol club shall be issued under regulations approved by the chief executive of the Canal Zone," and section 456 be, and the same is, hereby amended as follows:

"The license fees for permits issued by the treasurer under the provisions of this title shall be as follows: For every permit issued to carry a firearm abroad, $5; for every permit authorizing an overseer or watchman engaged by a private employer, $10 for each watchman or overseer so authorized to carry a firearm; for each hunting permit, $5; provided that no charge shall be made for hunting permits issued to enlisted men of the Marine Corps stationed on the Isthmus of Panama. The treasurer shall keep a record of all licenses issued by him, with the name and residence of the person to whom they are issued, and the date and serial number thereof."

WAR DEPARTMENT,

J. M. DICKINSON, Secretary of War.

Washington, D. C., December 1, 1909.

The Executive order of November 3, 1911, which it is proposed to repeal, is as follows:

ORDER OF THE SECRETARY OF WAR, NOVEMBER 3, 1911, AMENDING ACT No. 14, SO AS TO PROVIDE NO CHARGE SHALL BE MADE FOR HUNTING PERMITS ISSUED TO ENLISTED MEN OF THE LAND AND NAVAL FORCES OF THE UNITED STATES

By authority of the President of the United States, it is ordered:

That Act No. 14 enacted by the Isthmian Canal Commission, by authority of the President under date of September 3, 1904, entitled "An act to establish a penal code for the Canal Zone, Isthmus of Panama," as amended by the Execu tive order issued under the authority of the President by the Secretary of War, December 1, 1909, be, and the same is hereby, amended so that section 456 of said penal code, as amended in said Eexcutive order, shall now read as follows: "The license fees for permits issued by the treasurer under the provisions of this title shall be as follows: For every permit issued to carry a firearm abroad, $5; for every permit authorizing an overseer or watchman engaged by a private employer, $10 for each watchman or overseer so authorized to carry a firearm; for each hunting permit, $5; provided that no charge shall be made for hunting permits issued to enlisted men of the land or naval forces of the United States stationed on the Isthmus of Panama. The treasurer shall keep a record of all licenses issued by him, with the name and residence of the persons to whom they are issued, and the date and serial number thereof."

WAR DEPARTMENT,

HENRY L. STIMSON, Secretary of War.

Washington, D. C., November 3, 1911.

The Executive order of November 7, 1913, which it is proposed to repeal, is as follows:

TO REGULATE THE CARRYING OF ARMS

By virtue of the authority vested in me, I hereby establish the following order for the Canal Zone:

SECTION 1. Anyone who carries on or about his person any firearm, dirk, dagger, or other knife manufactured or sold for the purpose of offense or defense, or any slung shot, sword cane, or any knuckles made of metal or other hard substance, shall be punished by fine of not less than $5 nor more than $25, or by imprisonment in jail of not less than 5 days nor more than 30 days, or by both such fine and imprisonment, in the discretion of the court, and during such time of imprisonment such offender may be put to work upon any public work in the Canal Zone.

In addition to the punishment herein prescribed for unlawfully carrying arms, the courts shall adjudge the seizure and confiscation of the arms unlawfully carried by the offending party and the same shall be disposed of in such manner as the head of the department of civil administration shall determine.

SEC. 2. The preceding section shall not apply to a person engaged in the military or naval service of the United States or as a peace officer or officer authorized to execute judicial process of the United States or the Canal Zone, or in carrying mail or engaged in the collection or custody of funds of the United States or the Canal Zone, nor to a member of a gun or pistol club for the promotion of target practice, a certified copy of the constitution and by-laws of which have been approved by the head of the department of civil administration, and filed with the collector of revenues, when such member is going to or from a target range, and engaged in practice at the target range. For the purposes of this order, & certificate of membership in the gun or pistol club shall be issued by the organiza tion and approved by the head of the department of civil administration, and shall entitle the holder to carry firearms as provided for in this section.

Neither shall the preceding section apply to any person authorized to have or carry arms by permit granted under the terms and conditions named in section 3 hereof.

SEC. 3. The head of the department of civil administration may authorize the granting of permits to have and carry arms as follows:

1. To hunt upon the public lands of the Canal Zone, or upon the lands of private persons when authorized by the latter.

2. To have arms in residences, offices, business places, and plantations; and to watchmen or overseers of plantations, factories, warehouses, docks, or piers. Applications for such permits shall be made to the head of the department of civil administration and shall state the full name, residence, and occupation of the applicant, and if the applicant is a minor it shall not be granted without the written consent of his parent or guardian.

The head of the department of civil administration shall satisfy himself by due inquiry that the applicant is a proper person to have a permit to keep or carry arms, and he may grant or deny the application as to him may seem proper.

When an application is granted by the head of the department of civil administration for a permit to hunt he shall file the application, with his approval indorsed thereon, with the collector of revenues, who shall issue a permit to the applicant upon his paying the collector of revenues a fee of $1, to be covered into the treasury of the Canal Zone government.

The hunting permits issued by virtue of this order shall authorize the holders thereof to have, use, or carry a gun, rifle or other similar long arm for hunting purposes during the fiscal year for which the permit is issued: Provided, however, That such permit may be revoked at any time for cause by the head of the department of civil administration.

SEC. 4. Anyone who engages in hunting without first obtaining the permit provided for in this order shall be subject to a fine not exceeding $25 or imprisonment in jail not exceeding 10 days: Provided, however, That persons engaged in the land or naval forces of the United States shall not be required to obtain a permit to hunt upon the public lands of the Canal Zone.

SEC. 5. Penalties for infringements of this order imposed upon intoxicated or disorderly persons shall be in addition to the punishments authorized by law for such intoxicated or disorderly conduct.

SEC. 6. Sections 449 to 460, both inclusive, of the Penal Code, the Executive order of December 1, 1909, issued by the Secretary of War by authority of the President, amending sections 450 and 456 of the Penal Code, and the Executive order of the Secretary of War, issued by authority of the President, dated November 3, 1911, amending section 456 of the Penal Code as amended by the Executive order above mentioned, and all other laws, orders, and decrees in conflict with this order are hereby repealed.

SEC. 7. This order shall take effect 30 days from and after its publication in the Canal Record.

THE WHITE HOUSE,

WOODROW WILSON.

November 7, 1913.

O

HR-72-1-VOL 1- -53

« ÎnapoiContinuă »