without hard labour who engages as a principal in a prizefight. R.S.C., c. 153, s. 3. 95. Every one is guilty of an offence and liable, on sum- Attending or mary conviction, to a penalty not exceeding five hundred promoting a prize-fight. dollars and not less that fifty dollars, or to imprisonment for a term not exceeding twelve months, with or withont hard labour or to both, who is present at a prize-fight as an aid, second, surgeon, umpire, backer, assistant or reporter, or who advises, encourages or promotes such fight. R.S.C., c. 153, s. 5. Canada to 96. Every inhabitant or resident of Canada is guilty of Leaving an offence and liable, on summary conviction, to a penalty engage in a not exceeding four hundred dollars and not less than fifty prize-fight. dollars, or to imprisonment for a term not exceeding six months, with or without hard labour or to both, who leaves Canada with intent to engage in a prize-fight without the limits thereof. R.S.C., c. 153, s. 5. fine. 97. If, after hearing evidence of the circumstances con- Where the nected with the origin of the fight or intended fight, the fight is not a prize-fight, person before whom the complaint is made is satisfied that discharge or such fight or intended fight was bona fide the consequence or result of a quarrel or dispute between the principals engaged or intended to engage therein, and that the same was not an encounter or fight for a prize, or on the result of which the handing over or transfer of money or property depended, such person may, in his discretion, discharge the accused or impose upon him a penalty not exceeding fifty dollars. R.S.C., c. 153, s. 9. Indians to 98. Every one is guilty of an indictable offence and liable Inciting to two years' imprisonment who induces, incites or stirs up riotous acts. any three or more Indians, non-treaty Indians, or half-breeds, apparently acting in concert (a.) to make any request or demand of any agent or servant of the Government in a riotous, routous, disorderly or threatening manner, or in a manner calculated to cause a breach of the peace; or (b.) to do any act calculated to cause a breach of the peace. R.S.C., c. 43, s. 111. PART VI. UNLAWFUL USE AND POSSESSION OF EXPLOSIVE -SALE OF LIQUORS. 99. Every one is guilty of an indictable offence and Causing danliable to imprisonment for life who wilfully causes, by any sions. explosive gerous explo Doing any sessing explo sive substances, with explosive substance, an explosion of a nature likely to endanger life or to cause serious injury to property, whether any injury to person or property is actually caused or not. R.S.C., c. 150, s. 3. 100. Every one is guilty of an indictable offence and thing, or pos- liable to fourteen years' imprisonment who wilfully(a.) does any act with intent to cause by an explosive substance, or conspires to cause by an explosive substance, dangerous ex an explosion of a nature likely to endanger life, or to cause serious injury to property; intent to cause plosions. Unlawfully making or possessing explosive sub stances. Having pos for purposes (b.) makes or has in his possession or under his control any explosive substance with intent by means thereof to endanger 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 whether any explosion takes place or not and whether any injury to person or property is actually caused or not. R.S.C., c. 150, s. 3. 101. Every one is guilty of an indictable offence and liable to seven years' imprisonment who makes, or knowingly has in his possession or under his control, any explosive substance under such circumstances as to give rise to a reasonable suspicion that he is not making it, or has it not in his possession or under his control, for a lawful object, unless he can show that he made it or had it in his possession or under his control for a lawful object. R.S.C., c. 150, s. 5. 102. Every one is guilty of an indictable offence and liable session of arms to five years' imprisonment who has in his custody or dangerous to possession, or carries, any offensive weapons for any purpose the public dangerous to the public peace. R.S C., c. 149, s. 4. peace. Two or more carrying dangerous weapons so as to cause alarm. 103. If two or more persons openly carry offensive weapons persons openly in a public place in such a manner and under such circumstances as are calculated to create terror and alarm, each of such persons is liable, on summary conviction before two justices of the peace, 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.C., c. 148, s. 8. Smugglers carrying pons. 104. Every one is guilty of an indictable offence and liable offensive wea to imprisonment for ten years who is found with any goods. liable to seizure or forfeiture under any law relating to inland revenue, the customs, trade or navigation, and knowing them to be so liable, and carrying offensive weapons. R.S.C., c. 32, s. 213. Carrying a 105. Every one is guilty of an offence and liable on sumgun without mary conviction to a penalty not exceeding twenty-five dollar s pistol or air justification. dollars and not less than five dollars, or to imprisonment for one month, who, not being a justice or a public officer, or a soldier, sailor or volunteer in Her Majesty's service, on duty, or a constable or other peace officer, and not having a certificate of exemption from the operation of this section as hereinafter provided for, and not having at the time reasonable cause to fear an assault or other injury to his person, family or property, has upon his person a pistol or air-gun elsewhere than in his own dwelling-house, shop, warehouse, or counting-house. 2. If sufficient cause be shown upon oath to the satisfac- Certificate of tion of any justice, he may grant to any applicant therefor exemption. not under the age of sixteen years and as to whose discretion and good character he is satisfied by evidence upon oath, a certificate of exemption from the operation of this section, for such period, not exceeding twelve months, as he deems fit. 3. Such certificate, upon the trial of any offence, shall be prima facie evidence of its contents and of the signature and official character of the person by whom it purports to be granted. 4. When any such certificate is granted under the preceding provisions of this section, the justice granting it shall forth with make a return thereof to the proper officer in the county, district or place in which such certificate has been granted for receiving returns under section nine hundred and two; and in default of making such return within ninety days after a certificate is granted, the justice shall be liable, on summary conviction, to a penalty of not more than ten dollars. suspend oper 5. Whenever the Governor in Council deems it expedient Governor in in the public interest, he may by proclamation suspend the Council may operation of the provisions of the first and second sub- ation. sections of this section respecting certificates of exemption, or exempt from such operation any particular part of Canada, and in either case for such period, and with such exceptions as to the persons hereby affected, as he deems fit. or air-gun to 106. Every one is guilty of an offence and liable on sum- Selling pistol mary conviction to a penalty not exceeding fifty dollars, who minor. sells or gives any pistol or air-gun, or any ammunition therefor, to a minor under the age of sixteen years, unless he establishes to the satisfaction of the justice before whom he is charged that he used reasonable diligence in endeavouring to ascertain the age of the minor before making such sale or gift, and that he had good reason to believe that such minor was not under the age of sixteen. 2. Every one is guilty of an offence and liable on summary conviction to a penalty not exceeding twenty-five dollars who sells any pistol or air-gun without keeping a record of such sale, the date thereof, and the name of the purchaser and of the maker's name, or other mark by which such arm may be identified. 107. Every one who when arrested, either on a warrant pons on person issued against him for an offence or while committing an Having wea when arrested. Having weapons on the person with intent to injure any person. Pointing any person. offence, has upon his person a pistol or air-gun is guilty of an offence and liable, on summary conviction before two justices of the peace, to a penalty not exceeding fifty dollars and not less than twenty dollars, or to imprisonment for any term not exceeding three months, with or without hard labour. R.S.C., c. 148, s. 2. 108. Every one who has upon his person a pistol or airgun, with intent therewith unlawfully to do injury to any other person, is guilty of an offence and liable, on summary conviction before two justices of the peace, to a penalty not exceeding two hundred dollars and not less than fifty dollars, or to imprisonment for any term not exceeding six months, with or without hard labour. R.S.C., c. 148, s. 3. 109. Every one who, without lawful excuse, points at firearm at any another person any firearm or air-gun, whether loaded or unloaded, is guilty of an offence and liable, on summary conviction before two justices of the peace, to a penalty not exceeding one hundred dollars and not less than ten dollars, or to imprisonment for any term not exceeding thirty days, with or without hard labour. R.S.C., c. 148, s. 4. Carrying pons about the person. 110. Every one who carries about his person any bowieoffensive wea knife, dagger, dirk, metal knuckles, skull cracker, slung shot, or other offensive weapon 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, or being masked or disguised carries or has in his possession any firearm or air-gun, is guilty of an offence and liable, on summary conviction before two justices of the peace, 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, with or without hard labour. R.S.C., c. 148, s. 5. Carrying in seaports. 111. Every one, not being thereto required by his lawful sheath-knives trade or calling, who is found in any town or city carrying about his person any sheath-knife is liable, on summary conviction before two justices of the peace, 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, with or without hard labour. R.S.C., c. 148, s. 6. Exception as to soldiers, &c. 112. It is not an offence for any soldier, public officer, peace officer, sailor or volunteer in Her Majesty's service, constable or other policeman, to carry loaded pistols or other usual arms or offensive weapons in the discharge of his duty R.S.C., c. 148, s. 10. deliver offen 113. Every one attending any public meeting or being on Refusing to his way to attend the same who, upon demand made by sive weapon any justice of the peace within whose jurisdiction such to a justice. public meeting is appointed to be held, declines or refuses to deliver up, peaceably and quietly, to such justice of the peace, any offensive weapon with which he is armed or which he has in his possession, is guilty of an indictable offence. 2. The justice of the peace may record the refusal and adjudge the offender to pay a penalty not exceeding eight dollars, or the offender may be proceeded against by indictment as in other cases of indictable offences. R.S.Č., c. 152, s. 1. within two 114. Every one, except the sheriff, deputy sheriff and jus- Coming armed tices of the peace for the district or county, or the mayor, miles of public justices of the peace or other peace officer for the city or town meeting. respectively, in which any public meeting is held, and the constables and special constables employed by them, or any of them, for the preservation of the public peace at such meeting, is guilty of an indictable offence, and liable to a penalty not exceeding one hundred dollars, or to imprisonment for a term not exceeding three months, or to both, who, during any part of the day upon which such meeting is appointed to be held, comes within one mile of the place appointed for such meeting armed with any offensive weapon. R.S. C., c. 152, s. 5. returning 115. Every one is guilty of an indictable offence and liable Lying in wait to a penalty not exceeding two hundred dollars, or to im- for persons prisonment for a term not exceeding six months, or to both, from public who lies in wait for any person returning, or expected meeting. to return, from any such public meeting, with intent to commit an assault upon such person, or with intent, by abusive language, opprobrious epithets or other offensive demeanour, directed to, at or against such person, to provoke such person, or those who accompany him, to a breach of the peace. R.S.C., c. 152, s. 6. in the Northwest Terri 116. Every one is guilty of an offence and liable, on sum- Sale of arms mary conviction before two justices of the peace, to a penalty of two hundred dollars or to six months' imprison- tories. ment, or to both, who, during any time when and within any place in the North-west Territories where section one hundred and one of The North-west Territories Act is in force (a.) without the permission in writing (the proof of which shall be on him) of the Lieutenant Governor, or of a commissioner appointed by him to give such permission, has in his possession or sells, exchanges, trades, barters or gives to or with any person, any improved arm or ammunition; or (b.) |