same are expressed, uttered or declared by open and advised speaking only, unless information of such compassings, imaginations, inventions, devices and intentions and of the words by which the same were expressed, uttered or declared shall be given upon oath to one or more Justice or Justices of the Peace, within six days after such words have been spoken, and unless a warrant for the apprehension of the person by whom such words shall have been spoken shall be issued within ten days next after such information shall have been given as aforesaid; and no person shall be convicted of Words spoken any such compassings, imaginations, inventions, devices or ed by two witintention as aforesaid in so far as the same are expressed, uttered or declared by open or advised speaking as aforesaid, except upon his own confession in open Court, or unless the words so spoken shall be proved by two credible

witnesses.

must be prov

nesses.

ments more

act may be

7. It shall be lawful, in any indictment for any felony In Indletunder this Act to charge against the offender any number than one overt of the matters, acts or deeds by which such compassings, charged. imaginations, inventions, devices or intentions as aforesaid, or any of them shall have been expressed, uttered or declared.

S. If the facts or matters alleged in an indictment for any felony under this Act amount in law to treason, such indictment shall not by reason thereof be deemed void, erroneous, or defective, and if the facts or matters proved n the trial of any person indicted for felony under this Act amount in law to treason, such person shall not, by reason thereof, be entitled to be acquitted of such felony; but no person tried for such felony shall be liable to be afterwards prosecuted for treason upon the same facts.

ment of acces

9. In the case of every felony punishable under this Act, As to punishevery principal in the second degree and every accessory sories. before the fact, shall be punishable in the same manner as the principal in the first degree is by this Act punishable; and every accessory after the fact to any such felony, shall be liable to be imprisoned in any gaol or place of confinement other than the Penitentiary, for any term less than two years, with or without hard labour.

ment of this

10. This Act shall commence and take effect on the first Commenceday of January, in the year of our Lord, one thousand eight Act. hundred and sixty-nine.

CHAP.

Preamble.

Justices of the Peace may enjoin persons riotously assembled, to disperse.

СНАР. 70.

An Act respecting Riots and Riotous Assemblies.

[Assented to 22nd May, 1868.]

WHEREAS, it is expedient to assimilate, amend and

consolidate the laws in force in the several Provinces of Quebec, Ontario, Nova Scotia and New Brunswick, in relation to Riots and Riotous Assemblies, and to extend the same as so consolidated to all Canada: Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. In case any persons to the number of twelve or more, being unlawfuly, riotously and tumultuously assembled together, to the disturbance of the public peace, be by proclamation, in the Queen's name, made in the form in this Act directed, by any one or more Justice or Justices of the Peace, or by the Sheriff of the District or County, or his Deputy Sheriff, or by the Mayor, or other head officer, or Justice of the Peace of any city or town corporate, where such persons are so assembled, required or commanded to di peise themselves, and peaceably to depart to their habitations, or to their lawful business, and in case such persons to the number of twelve or more (notwithstanding such proclamation made) unlawfully, riotously and tumultuously remain or continue together by the space of one hour after such command or request, such persons or any of them so continuing together to the number of twelve or more, after such command or request, so made by proclamation, are severally guilty of felony, and shall be liable to be imPunishment. prisoned in the penitentiary for life, or for any term not less than two years, or to be imprisoned in any other gaol or place of confinement, for any term less than two years.

Persons not obeying, guilty of felony.

Order and form of 10clamation.

2. The order and form of the proclamation to be made by the authority of this Act shall be as follows, that is to say: The Justice of the Peace or other person authorized to make the said proclamation shall, among the said rioters or as near to them as he can safely come, with a loud voice command, or cause to be commanded, silence to be, while proclamation is making; and after that, shall openly and with a lond voice, make or cause to be made proclamation in these words, or like in effect:

"Our Sovereign Lady the Queen chargeth and command"eth all persons being assembled immediately 10 disperse "themselves, and peaceably to depart to their habitations or

to

"to their lawful business, upon the pains contained in the Act respecting Riots and Riotous Assemblies.-God save "the Queen."

Justices of the

repair to place

there make

3. Each and every Justice of the Peace, Sheriff, Deputy Peace, Sheriffs, Sheriff, Mayor and other head officer, within the limits of Mers, &c., to their respective jurisdictions, shall, on notice or knowledge of riot, and of any such unlawful, riotous and tumultuous assembly of Proclamation. persons to the number of twelve or more, resort to the place where such unlawful, riotous and tumultuous assembly is, and there make, or cause to be made, proclamation in manner aforesaid.

Consequence,

if persons riot

bird, do not

obedience to

tion.

4. If twelve or more of the persons so unlawfully, riot- fonsament ously and tumultuously assembled, continue together, after ously a-semproclamation made in manner aforesaid, and do not disperse disperse in themselves within one hour, then every Justice of the the proclama Peace, Sheriff, and Deputy Sheriff of the district or county where such assembly may be, and also every High and Petty Constable, and other peace officer within such district or county, and also every Mayor, Justice of the Peace, Sheriff and other head officer, High or Petty Constable, and other peace officer, of any city or town corporate where such assembly may be, and any person or persons commanded to assist such Justice of the Peace, Sheriff, or Deputy Sheriff, Mayor, Bailiff, or other head officer aforesaid (who may command all Her Majesty's subjects of age and ability to be assisting to them therein), shall seize and Aprehension apprehend the persons so unlawfully, riotously and tumultuously continuing together, alter proclamation made as aforesaid, and shall forthwith carry the persons so apprehended before one or more of Her Majesty's Justices of the Peace of the district, county or place where such persons are so apprehended, in order to their being proceeded against for such their offences according to law.

of offenders.

1ressing riot though death

note: may

5. If in the dispersing, seizing or apprehending or endea- Persons supvouring to disperse, seize or apprehend any of the persons so justined-even unlawfully, riotously and tumultuously assembled, any such person happen to be kiled, maimed or hurt, by reason of en ue. their resisting the persons dispersing, seizing or apprehending. or endeavoring to disperse, seize or apprehend them, then every such Justice of the Peace, Sheriff, Deputy Sheriff, Mayor, head officer, High or Petty Constable, or other peace officer, and all persons who were aiding or assisting them, or any of them, shall be free, discharged and indemnified, as well against the Queen's Majesty, as against all and every other person and persons, of or concerning the killing, maiming or hurting of any such person or

persons

Consequences

of any person

officer ant

others sun

pressing riot.

persons so unlawfully, riotously and tumultuously assembled as aforesaid.

6. If any person or persons with force and arms, wilfully opposing peace and knowingly oppose, obstruct, or in any manner let, hinder or hurt, any person or persons who begin to proclaim, or go to proclaim, according to the proclamation hereby directed to be made, whereby such proclamation cannot be made, then every such person so opposing, obst:ucting, letting, hindering or hurting such person or persons so beginning or going to make such proclamation, as aforesaid, is guilty of felony, and shall be liable to be imprisoned in the penitentiary for life, or for any term not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years.

The same, if the making of

tion be pre

vented by force.

7. And every such person or persons so being unlawfully, the proclama- riotously and tumultuous y assembled, to the number of twelve or more, as aforesaid, to whom proclamation should or ought to have been made, if the same had not been hindered, as aforesaid, who, to the number of twelve or more, continue together, and do not disperse themselves within one hour after such let or hindrance so made, having knowledge thereof, are guilty of felony, and shall be liable to be imprisoned in the penitentiary for life, or for any term not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years.

Prosecutions for acts under

S. No person or persons shall be prosecuted for any this statute to offene or offences committed contrary to this Act, unless such prosecution be commenced within twelve months after the offence committed.

be commene

ed within 12 months.

Commencement of Act.

Preamble.

Chapter 91 of Con. Stat. Can. extended to

9. This Act shall commence and take effect on the first day of January, in the year of our Lord one thousand eight hundred and sixty-nine.

СНАР. 7 I.

An Act respecting forgery, perjury, and intimidation in connection with the Provincial Legislatures and their Acts.

Assented to 22nd May, 1868.] ER Majesty, by and with the advice and consent of the follows:

1. The Act chapter ninety-four of the Consolidated Statutes of Canada, intituled: "An Act respecting Forgery,"

Quebec.

is hereby extended so as to apply as fully in each of the Ontario and Provinces of Quebec and Ontario, as if it had been reenacted at the time of the Union with the following extensions:

1. The Great Seals mentioned in section one of the said Great Seals. Act shall include and mean the Great Seal of each of the said Provinces respectively;

3. The Seal at Arms mentioned in section two of the said Seals at Arms Act shall include and mean the Seal at Arms of the Lieutenant Governor of each of the said Provinces respectively;

4. All words mentioning or referring to the late Province Interpretation of Canada, or the Legislature or Statutes thereof, shall include and mean each of the said Provinces, and the Legislatures and Statutes thereof respectively.

tain stamps to

cording y.

plates, dies,

Whosoever forges, counterfeits or imitates or procures Forgery of cer to be forged, counterfeited or imitated any stamp or stamped be felony and paper, issued or authorized to be used by any Act of the punished acParliament of Canada, or the Legislature of any of the Provinces of Quebec, Ontario, Nova Scotia or New Brunswick, by means whereof any duty thereby imposed, or any sum of money may be paid, or any part or portion of any such stamp, or knowingly uses, offers, sells or exposes to sale, any such forged, counterfeited or imitated stamp, or engraves, cuts, sinks or makes any plate, die or other thing whereby to make or imitate such stamp or any part or portion thereof, except by permission of any officer or person who, being duly authorized in that behalf by the Government of Canada, or of any of the Provinces aforesaid, may lawfully grant such permission-or, without such permis- or having sion, has possession of any such plate, die or other thing, so &c, in possesunlawfully engraved, cut, sunk or made, or without such sion, &o. permission uses or has possession of any such plate, die or thing lawfully engraved, cut, sunk or made,-or tears off or removes from any instrument, on which a duty or sum of money is payable, any stamp by which such duty or sum of money has been wholly or in part paid, or removes from any such stamp any writing or mark indicating that it has been used for or towards the payment of any such duty or sum of money-shall be deemed guilty of felony, and shall Punishment. on conviction be liable to be imprisoned in the penitentiary of the Province in which the offence was committed for any term not exceeding twenty-one years and not less than two years, or in any gaol or place of confinement fr any term less than two years, with or without hard labour, and with or without solitary confinement.