tinuing as hended. c. 5, s. 3.] 3. If the persons so unlawfully, riotously and tumultuously Persons conassembled together as aforesaid, or twelve or more of them, sembled may continue together, and do not disperse themselves, for the be apprespace of one hour after the proclamation is made, or after such hindrance as aforesaid, every such sheriff, mayor, justice and [1 G. I, St. 2, other officer as aforesaid, and every constable or other peace officer, and all persons required by them to assist, shall cause such persons to be apprehended and carried before a justice of the peace; and if any of the persons so assembled is killed or Persons suppressing riot hurt, in the apprehension of such persons or in the endeavour justified. to apprehend or disperse them, by reason of their resistance, every person ordering them to be apprehended or dispersed, and every person executing such orders, shall be indemnified. against all proceedings of every kind in respect thereof. 31 V., c. 70, ss. 4 and 5. drill pro 4. All meetings and assemblies of persons for the purpose Unlawful of training or drilling themselves, or of being trained or drilled meeting for to the use of arms, or for the purpose of practising military hibited. exercises, movements or evolutions, without lawful authority (60 G. III and i G. IV., c. 1, for so doing, are unlawful and prohibited. 31 V., c. 15, s. 1, s. 1.] part. of persons 5. Every one who is present at or attends any such meeting Punishment or assembly for the purpose of training any other person or acting as persons to the use of arms or to the practice of military instructors. exercises, movements or evolutions, or who, without lawful [60 G. III and i G. IV, c. 1, authority for so doing, trains or drills any other person or per- s. 1.] sons to the use of arms, or to the practice of military exercises, movements or evolutions, or who aids or assists therein is guilty of a misdemeanour and liable to two years' imprisonment. 31 V., c. 15, s. 1, part. instruction. 6. Every one who attends or is present at any such meeting And of peror assembly, for the purpose of being, or who, at any such sons receiving meeting or assembly, is trained or drilled to the use of arms, [60 G. III and or to the practice of military exercises, movements or evolu- 1 G. IV, c. 1, tions, is guilty of a misdemeanour and liable to two years' imprisonment. 31 V., c. 15, s. 1, part. peace s. 1.] be dispersed and persons 1 G. IV, c. 1. 7. Any justice of the peace, constable or peace officer, or Meeting may any person acting in his aid or assistance, may disperse any such unlawful meeting or assembly as in the three sections attending it next preceding mentioned, and may arrest and detain any arrested. person present at or aiding, assisting or abetting any such [60 G. III and assembly or meeting as aforesaid; and the justice of the who arrests any such person or before whom any person so arrested is brought, may commit such person for trial for such offence, unless such person gives bail for his appearance at the next court of competent jurisdiction, to answer to any indictment which is preferred against him for any such offence. 31 V., c. 15, s. 2. s. 2.] Time for prosecution limited. [60 G. III and i G. IV, c. 1, s. 7.] Rioters demolishing church, build ing, &c. [24-25 V., c. 97, s. 11.] 8. No one shall be prosecuted for any offence under the four sections next preceding unless such prosecution is commenced within six months after the offence is committed. 31 V., c, 15, s. 9. 9. All persons who, being riotously and tumultuously assembled together to the disturbance of the public peace, unlawfully and with force demolish, pull down or destroy or begin to demolish, pull down or destroy, any church, chapel, meeting-house or other place of divine worship, or any house, stable, coach-house, out-house, warehouse, office, shop, mill, malt-house, hop-oast, barn, granary, shed, hovel or fold, or any building or erection used in farming land, or in carrying on any trade or manufacture, or any branch thereof, or any building other than such as are in this section before mentioned, belonging to Her Majesty, or to any county, municipality, riding, city, town, village, parish or place, or to any university or college or hall of any university, or to any corporation, or to any unincorporated body or society or persons associated for any lawful purpose, or devoted or dedicated to public use or ornament, or erected or maintained by public subscription or contribution, or any machinery, whether fixed or movable, prepared for or employed in any manufacture or in any branch thereof, or any steam engine or other engine for sinking, working, ventilating or draining any mine, or any staith, building or erection used in conducting the business of any mine, or any bridge, wagon-way or track for conveying minerals, from Punishment. any mine, are guilty of felony, and liable to imprisonment for life. 32-33 V., c. 22, s. 15. Rioters injur ing buildings, machinery, &c. 97, s. 12.] 10. All persons who, being riotously and tumultuously assembled together to the disturbance of the public peace, unlawfully and with force injure or damage any such church, [24-25 V., c. chapel, meeting-house, place of divine worship, house, stable, coach-house, out-house, warehouse, office, shop, mill, malthouse, hop-oast, barn, granary, shed, hovel, fold, building, erection, machinery, engine, staith, bridge, wagon-way or Punishment. track, as in the next preceding section mentioned, are guilty of a misdemeanour, and liable to seven years' imprisonment. 32-33 V., c. 22, s. 16, part ;—R. S. N. S. (3rd S.), c. 162, s. 6. Punishment assembly. 11. Three or more persons who, having assembled, continue for unlawful together with intent unlawfully to execute any common purpose with force and violence, or in a manner calculated to create terror and alarm, are guilty of an unlawful assembly, and liable to two years' imprisonment. R. S. N. S. (3rd S.), c. 162, s. 5;-1 R. S. N. B., c. 147, s. 6. Punishment for rout. 12. Three or more persons who, having assembled, continue together with intent unlawfully to execute any common purpose with force and violence, or in any manner calculated to create terror and alarm, and who endeavour to execute such purpose, are, although such purpose is not executed, guilty of a rout, and liable to three years' imprisonment. 1R. S. N. B., c. 147, s. 7. for riot. 13. Three or more persons who, having assembled, continue Punishment together with intent unlawfully to execute any common purpose with force and violence, and who, wholly or in part, execute such purpose in a manner calculated to create terror and alarm, are guilty of a riot, and liable to four years' imprisonment. 1 R. S. N. B., c. 147, s. 8. for affray. 14. Two or more persons who fight together in a public Punishment place, in manner calculated to create terror and alarm, are guilty of an affray, and liable, on summary conviction, to three months' imprisonment. R. S. N. S. (3rd S.), c. 162, s. 7;-1 R. S. N. B., c. 147, s. 9. OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most A. D. 1886. Persons carry- Having such weapon when CHAPTER 148. An Act respecting the improper use of fire-arms and other weapons. HE ER Majesty, by and with the advice and consent of the follows: 1. Every one who has upon his person a pistol or air gun without reasonable cause to fear an assault or other injury to his person or his family or property, may, upon complaint made before any justice of the peace, be required to find sureties for keeping the peace for a term not exceeding six months; and in default of finding such sureties, may be imprisoned for any term not exceeding thirty days. 40 V., c. 30, s. 1. 2. Every one who, when arrested either on a warrant issued arrested, &c. against him for an offence or whilst committing an offence, has upon his person a pistol or air-gun, shall, on summary conviction before two justices of the peace, be liable to a penalty not exceeding fifty dollars and not less than twenty dollars, or to imprisonment for any term not exceeding three months. 40 V., c. 30, s. 2. Or with intent person. 3. Every one who has upon his person a pistol or air-gun, to injure any with intent therewith unlawfully and maliciously to do injury to any other person, shall, on summary conviction before two justices of the peace, be liable to a penalty not exceeding two hundred dollars and not less than fifty dollars, or to imprisonment for any term not exceeding six months; and the fact of the pistol or air-gun being on the person shall be primâ facie evidence of such intent. 40 V., c. 30, s. 3. Pointing firearm at any person. Carrying daggers or other weapons. 4. Every one who, without lawful excuse, points at another person any firearm or air-gun, whether loaded or unloaded, shall, on summary conviction before two justices of the peace, be liable to a penalty not exceeding fifty dollars and not less than twenty dollars, or to imprisonment for any term not exceeding thirty days. 40 V., c. 30, s. 4. 5. Every one who carries about his person any bowie-knife, dagger or dirk, or any weapons called or known as iron knuckles, skull-crackers or slung shot, or other offensive weapons of a like character, or secretly carries about his person any instrument loaded at the end, or sells or exposes for sale, publicly or privately, any such weapon, shall, on summary conviction before two justices of the peace, be liable to a penalty not exceeding fifty dollars and not less than ten dollars, and in default of payment thereof, to imprisonment for any term not exceeding thirty days. 32-33 V., c. 20, s. 72. in seaport 6. Every one who is found, in any of the seaport towns or Carrying cities of Canada, carrying about his person any sheath-knife, sheath knives shall, on summary conviction before two justices of the peace, towns. be liable to a penalty not exceeding forty dollars and not less than ten dollars, and in default of payment thereof, to imprisonment for any term not exceeding thirty days: but nothing Exception. in this section contained shall apply to seamen or riggers when occupied or engaged in their lawful trade or calling. 32-23 V., c. 20, s. 73. thereof. 7. The court or justice before whom any person is convicted Weapon to be of any offence against the provisions of the preceding sections, impounded. shall impound the weapon for carrying which such person is convicted, and if the weapon is not a pistol, shall cause it to be Disposal destroyed; and if the weapon is a pistol, the court or justice shall cause it to be handed over to the corporation of the municipality in which the conviction takes place, for the public uses of such corporation : 2. If the conviction takes place where there is no munici- If there is no pality, the pistol shall be handed over to the Lieutenant municipality. Governor of the Province in which the conviction takes place, for the public uses thereof in connection with the administration of justice therein. 32-33 V., c. 20, s. 75 ;—45 V., c. 39, ss. 1 and 2. ing dangerous 8. If two or more persons openly carry dangerous or un- Openly carryusual weapons in any public place, in such a manner and under weapons. such circumstances as are calculated to create terror and alarm, each of such persons shall, on summary conviction before two justices of the peace, be liable to a penalty not exceeding forty dollars and not less than ten dollars, and in default of payment to imprisonment for any term not exceeding thirty days. R. S. N. S. (3rd S.), c. 162, s. 8 ;-1 R. S. N. B., c. 147, s. 10. 9. No prosecution under this Act shall be commenced unless Time for within one month after the commission of the offence charged. Prosecution 32-33 V., c. 20, s. 76. to soldiers, 10. Nothing hereinbefore contained shall affect the right Exception as of any soldier, sailor or volunteer in Her Majesty's service, &c. constable or other policeman, to carry loaded pistols in the discharge of his duty. 40 V., c. 30, s. 7. OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most |