A. D. 1886. Interpretation. "Arms." Arms kept for any unlawful pur pose may be seized. CHAPTER 149. An Act respecting the seizure of Arms kept for dangerous purposes. HER ER Majesty, by and with the advice and consent of the follows: 1. In this Act, unless the context otherwise requires, the expression "arms" includes any pike, pike-head, spear, dirk, dagger, sword, pistol, gun, rifle or other weapon, gunpowder, lead, cartridges, bullets and other ammunition or munitions of war. 2. Any justice of the peace, upon information on oath of one or more credible witnesses, that any arms are, for any purpose dangerous to the public peace, in the possession of any person, or in any house or place, may issue his warrant to any constable or any other peace officer, to search for and seize any such arms which are in the possession of any such person, or in any such house or place as aforesaid, and to arrest any person having such possession as aforesaid,-and if admission into such house or place is refused, or not obtained within a reasonable time after it has been first demanded, to enter by force, by day or by night, into every such house or place whatsoever, -and to detain or cause to be detained such person, and to keep in safe custody, in such place as the said justice appoints and directs, the arms so found and seized, unless the owner thereof proves, to the satisfaction of such justice, that such arms were not kept for for any purpose dangerous to the public Person in pos- peace; and every such person who has the possession or custody of any such arms, and is so arrested, shall be brought before any justice of the peace, and may be dealt with, tried and punished in the manner hereinafter provided. 31 V., c. 15, s. 3. session thereof may be arrested. Decision of claims for such arms. 3. Any person from whom any such arms are so taken restitution of may, if the justice of the peace upon whose warrant the same are taken, upon application made for that purpose, refuses to restore the same, apply to a judge of a superior or county court for the restitution of such arms, upon giving ten days' previous notice of such application to such justice; and such judge shall make such order for the restitution or safe custody of such arms, as, upon such application, appears to him to be proper. 31 V., c. 15, s. 4. inay be 4. Any justice of the peace, constable, peace officer or other Persons carryperson acting under the warrant of any justice of the peace, or ing such aris any person acting with or in aid of any justice of the peace, or arrested of any constable or peace officer, having such warrant as aforesaid, may arrest and detain any person found carrying any such arms, in such manner and at such times as, in the judgment of such justice of the peace, affords just grounds of suspicion that the same are for purposes dangerous to the public peace; and the justice of the peace who arrests any such person, or before whom any person arrested upon such warrant is brought, may commit such person for trial for a misdemeanor; and such person shall be liable to be tried for a misdemeanor for carrying such arms and, on conviction, shall be punished by fine or imprisonment, or both, in the discretion of the court; but such person may, before conviction, give good and sufficient May be adbail for his appearance at the next court of competent jurisdiction, to answer to any indictment which is preferred against him. 31 V., c. 15, s. 5. mitted to bail. justices of the 5. All justices of the peace in and for any district, county, Concurrent city, town or place, in Canada, shall have concurrent jurisdic- jurisdiction of tion as justices of the peace, with the justices of any other peace. district, county, city, town or place, in all cases with respect to the carrying into execution the provisions of this Act, and with respect to all matters and things relating to the preservation of the public peace under this Act, as fully and effectually as if each of such justices was in the commission of the peace, or was ex officio a justice of the peace for each of such districts, counties, cities, towns or places. 31 V., c. 15, s. 6. secution 6. No person shall be prosecuted for any offence done or Time for procommitted against the provisions of this Act, unless such limited. prosecution is commenced within six months after the offence is committed. 31 V., c. 15, s. 9. be suspended force. 7. The Governor in Council may, from time to time, by This Act may proclamation, suspend the operation of this Act in any Pro- and again vince of Canada or in any particular district, county or locality brought into specified in the proclamation; and from and after the period specified in any such proclamation, the powers given by this Act shall be suspended in such Province, district, county or locality; but nothing herein contained shall prevent the Governor in Council from again declaring, by proclamation, that any such Province, district, county or locality shall be again subject to this Act and the powers hereby given, and upon such proclamation this Act shall be revived and in force accordingly. 31 V., c. 15, s. 8. OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most A. D. 1886. Short title. 8. 1.] Interpretation. Attorney "General." Explosive substance." [46 V., c. 3, s. 9.] Punishment ly causing dangerous explosions. HER CHAPTER 150. An Act respecting Explosive Substances. ER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. This Act may be cited as "The Explosive Substances Act." 48-49 V., c. 7, s. 1. 2. In this Act, unless the context otherwise requires, (a.) The expression "Attorney General" means the Attorney General of the Province of Canada in which any proceedings are taken under this Act, and, with respect to the North-West Territories and the District of Keewatin, the Attorney General of Canada; (b.) The expression "explosive substance" includes any materials for making any explosive snbstance: also any apparatus, machine, implement, or materials used, or intended to be used, or adapted for causing, or aiding in causing, any explosion in or with any explosive substance; and also any part of any such apparatus, machine or implement. 48-49 V., c. 7, s. 2. 3. Every person who unlawfully and maliciously causes for malicious by any explosive substance an explosion of a nature likely to endanger life or to cause serious injury to property is, whether any injury to person or property is actually caused or not, guilty of felony, and liable to imprisonment for life. 48-49 V., c. 7, S. 3. [46 V., c. 3, s. 2.] Maliciously doing acts, or conspiring to cause such explosions. [46 V., c. 3, s. 3.] Maliciously making or having explo 4. Every person who unlawfully and maliciously— (a.) Does any act with intent to cause by an explosive substance, or conspires to cause by an explosive substance, an explosion of a nature likely to endanger life, or to cause serious injury to property, or― (b.) Makes or has in his possession or under his control any explosive substance with intent by means thereof to endanger sive substan- life, or to cause serious injury to property or to enable any other person by means thereof to endanger life or to cause serious injury to property, ces with intent. Punishment. Is, whether any explosion takes place or not, and whether any injury to person or property is actually caused or not, guilty of felony, and liable to fourteen years' imprisonment. 48-49 V., c. 7, s. 4. and lawful 5. Every person who makes or knowingly has in his pos- Making or having explosession or under his control any explosive substance under sives without such circumstances as to give rise to a reasonable suspicion reasonable that he is not making it or has it not in his possession or under cause. his control for a lawful object, is, unless he can show that he Burden of made it or had it in his possession or under his control for a proof. lawful object, guilty of felony, and liable to seven years' impri- [46 V., c. 3, s. sonment: Punishment. 1.] rice versa 2. In any proceeding against any person for any offence Accused and under this section such person and his wife, or her husband, as his wife, or the case may be, may, if such person thinks fit, be called, may be witsworn, examined, and cross-examined as an ordinary witness nesses. in the case: General's cecdings. 3. If any person is charged before a justice of the peace with Attorney any offence under this section, no further proceeding shall be consent for taken against such person without the consent of the Attorney further proGeneral, except such as the justice of the peace thinks neces- [46 V., c. 3, s sary by remand or otherwise, to secure the safe custody of 7 (1).] such person. 48-49 V., c. 7, s. 5. As to counts 6. The same criminal act may be charged in different counts of indictof an indictment as constituting different offences under this ment. Act, and upon the trial of any such indictment the prosecutor [46 V., c. 3, s. shall not be put to his election as to the count on which he must proceed. 48-49 V., c. 7, s. 6. 7 (2).) 7. Every person accused of any offence under this Act may Venue, be dealt with, indicted, tried and punished in the district, county or place in which the offence is committed or in which he is apprehended, or is in custody. 48-49 V., c. 7, s. 7. General may of the peace [46 V., c. 3, s. 8. If the Attorney General has reasonable ground to believe Attorney that any offence under this Act has been committed, he may order inquiry. order an enquiry, and thereupon any justice of the peace for the district, county or place in which the offence was com- Jurisdiction mitted or is suspected to have been committed, who is author- of a justice ized in that behalf by the Attorney General, may, although no under such person is charged before him with the commission of such order. crime, examine on oath concerning such crime any witness 6 (1) (2) (3).) appearing before him, and may take the deposition of such witness, and, if he sees cause, may bind such witness by recognizance to appear and give evidence at the next court of competent jurisdiction, or when called upon within three months. from the date of such recognizance; and the law relating to Certain the compelling of the attendance of a witness before a justice provisions applicable to of the peace, and to a witness attending before a justice of the witnesses in peace and required to give evidence concerning the matter of cases under an information or complaint, shall apply to compelling the attendance of a witness for examination, and to a witness attending under this section: this Act. Witness may not refuse to answer on certain grounds. When only 2. A witness examined under this section shall not be excused from answering any question on the ground that the answer thereto may criminate, or tend to criminate, himself; but any statement made by any person in answer to any question put to him on any examination under this section, shall not, except against him. in the case of an indictment or other criminal proceeding for perjury, be admissible in evidence against him in any proceeding, civil or criminal: answer admissible Examining commit for 3. A justice of the peace who conducts the examination justice not to under this section, of a person concerning any offence, shall not take part in the committing for trial of such person for such offence. 48-49 V., c. 7, s. 8. trial. Arrest and of absconding witnesses. 9. Whenever any person is bound by recognizance to give commitment evidence before a justice of the peace, or any criminal court, in respect of any offence under this Act, any justice of the peace, [46 V., c. 3, s. if he sees fit, upon information being made in writing and on 6 (4).] oath, that such person is about to abscond, or has absconded, may issue his warrant for the arrest of such person; and if such person is arrested any justice of the peace, upon being satisfied that the ends of justice would otherwise be defeated, may commit such person to prison until the time at which he is bound by such recognizance to give evidence, unless in the meantime he produces sufficient sureties; but any person so arrested shall be entitled on demand to receive a copy of the information upon which the warrant for his arrest was issued. 48-49 V., c. 7, s. 9. Witness to have copy of informia tion. Search warrants for explosives. [24-25 V., c. 97, s. 55, c. 100, s. 65.] Seizure under [24-25 V., c. 10. Any justice of the peace for any district, county or place, in which any explosive substance is suspected to be made, kept or carried for any unlawful object, may, upon reasonable cause assigned upon oath by any person, issue a warrant under his hand and seal for searching any house, mill, magazine, storehouse, warehouse, shop, cellar, yard, wharf or other place, or any carriage, wagon, cart, ship, boat or vessel, in which the same is suspected to be made, kept or carried for such object. 48-49 V., c. 7, s. 10. 11. Every person acting in the execution of any such warrant may seize any explosive substance which he has good cause to suspect is intended to be used for any unlawful object,— 100.65 38 and shall, with all convenient speed, after the seizure, remove the same to such proper place as he thinks fit, and detain the same until ordered by a judge of a superior court to restore it to the person who claims the same. 48-49 V., c. 7, s. 11. V., c. 17, s. 74.] Proceeding on such seizure. Disposal of explosives this Act. 12. Any explosive substance seized under the provisions of seized under this Act, shall, in the event of the person in whose possession the same is found, or of the owner thereof, being convicted of any offence under this Act, be forfeited; and the same shall be destroyed or sold under the direction of the court before |