Punishment of accessories is or is not amenable to justice, and may thereupon be punished in like manner as any accessory after the fact to the same felony, if convicted as an accessory, may be punished. 31 V., c. 72, s. 4;-32-33 V., c. 20, s. 8, part. 5. Every accessory after the fact to any felony (except when after the fact. it is otherwise specially enacted), whether the same is a felony [24-25 V., c. at common law, or by virtue of any Act, shall be liable to imprisonment for any term less than two years. 31 V., c. 69, s. 9, part, and c. 72, s. 5, part ;—32-33 V., c. 19, s. 57, part. 94, s. 4.] Prosecution offender con- 6. If any principal offender is, in any wise, convicted of any after principal felony, any accessory, either before or after the fact, may be proceeded against in the same manner as if such principal felon had been attainted thereof, notwithstanding such principal felon dies or is pardoned or otherwise delivered before such attainder; and every such accessory shall, upon conviction, suffer the same punishment as he would have suffered if the principal had been attainted. 31 V., c. 72, s. 6;—32-33 V., c. 20, s. 8, part. Abettors in punishable as Abettors in ishable sum marily punishable as principals. 11-12 V., e, 24-25 V., c. 96. 43, s 5. c, MISDEMEANOURS. 7. Every one who aids, àbets, counsels or procures the commission of any misdemeanour, whether the same is a misdemeanour at common law, or by virtue of any Act, is guilty of a misdemeanour and liable to be tried, indicted and punished as a principal offender. 31 V., c. 72, s. 9;-32-33 V., c. 19, s. 57, part, and c. 21, s. 107, part ;—35 V., c. 32, s. 13;-40 V., C. 32, s. 1, part. OFFENCES PUNISHABLE ON SUMMARY CONVICTION. 8. Every one who aids, abets, counsels or procures the comoffences pun mission of any offence punishable on summary conviction, either for every time of its commission, or for the first and second time only, or for the first time only, shall, on conviction, be liable for every first, second or subsequent offence, of aiding, abetting, counselling or procuring, to the same forfeiture and punishment to which a person guilty of a first, second or subsequent offence as a principal offender, is liable. 32-33 V., c. 21, s. 108, and c. 22, s. 70, and c. 31, s. 15, part;—33 V., c. 31, s. 5, part. s. 99; c. 97, 8. 63.] OTTAWA : Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most CHAPTER 146. An Act respecting Treason and other Offences against A.D. 1886. the Queen's authority. HER ER Majesty, by and with the advice and consent of the follows : death of the s. 1; 57 G. III, 1. Every one who compasses, imagines, invents, devises or Compassing intends death or destruction, or any bodily harm, tending to Sovereign, death or destruction, maiming or wounding, imprisonment or treason. restraint of our Sovereign Lady the Queen, Her Heirs or Suc- [366. III, c. 7, cessors, and expresses, utters or declares such compassings, c. 6, s. 1; 11 imaginations, inventions, devices or intentions, or any of them, and 12 V., c. by publishing any printing or writing, or by any overt act or deed, is guilty of treason and shall suffer death. 31 V., c. 69, s. 2;-32-33 V., c. 17, s. 1. 12, s. 3.] enemy, 2. Every officer or soldier in Her Majesty's army, who holds Correspondcorrespondence with any rebel, or enemy of Her Majesty, or ing with the gives him advice or intelligence, either by letters, messages, treason. signs or tokens, or in any manner or way whatsoever, or treats [44-45 V,, c. with such rebel or enemy, or enters into any condition with him, s. 4 (3) without Her Majesty's license, or the license of the general, lieutenant general or chief commander, is guilty of treason and shall suffer death. 31 V., c. 69, s. 3. (4).] offences 12, s. 3.] 3. Every one who compasses, imagines, invents, devises or Certain intends to deprive or depose Our Sovereign Lady the Queen, declared Her Heirs or Successors, from the style, honour or royal name felonies. of the imperial crown of the United Kingdom, or of any other [11-12 V., c, of Her Majesty's dominions or countries, or to levy war against Her Majesty, Her Heirs or Successors, within any part of the United Kingdom or of Canada, in order, by force or constraint, to compel her or them to change her or their measures or counsels, or in order to put any force or constraint upon, or in order to intimidate or overawe both Ilouses or either House of Parliament, of the United Kingdom or of Canada, or to move or stir any foreigner or stranger with force to invade the United Kingdom or Canada, or any other of Her Majesty's dominions or countries under the obeisance of Her Majesty, Her Heirs or Successors, and expresses, utters or declares such compassings, imaginations, inventions, devices Punishment. intimidate legislative or intentions, or any of them, by publishing any printing or writing, or by open and advised speaking, or by any overt act or deed, is guilty of felony, and liable to imprisonment for 31 V., c. 69, s. 5;-32-33 V., c. 17, s. 1. life. Conspiracy to 4. Every one who confederates, combines or conspires with any person to do any act of violence, in order to intimidate, or body a felony. to put any force or constraint upon any Legislative Council, Legislative Assembly or House of Assembly in any Province of Canada, is guilty of felony, and liable to fourteen years' imprisonment. 31 V., c. 71, s. 5. in Canada. 5. No person shall be prosecuted for any felony by virtue of this Act in respect of such compassings, imaginations, inventions, devices or intentions as aforesaid, in so far as the 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, is given upon oath to one or more justices of the peace, within six days after such words are spoken, and unless a warrant for the apprehension of the person by whom such words were spoken is issued within ten days next after such information is given as aforesaid; and no person shall be convicted of any such compassings, imaginations, inventions, devices or intentions 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 are proved by two credible witnesses. 31 V., c. 69, s. 6. Trial of citi- 6. If any person, being a citizen or subject of any foreign zens of a foreign power state or country at peace with Her Majesty, is or continues in taken in arms arms against Her Majesty, within Canada, or commits any act of hostility therein, or enters Canada with design or intent to levy war against Her Majesty, or to commit any felony therein. for which any person would, in Canada, be liable to suffer death, the Governor General may order the assembling of a militia general court martial for the trial of such person, under "The Militia Act"; and upon being found guilty by such court martial of offending against the provisions of this section, such person shall be sentenced by such court martial to suffer death, or such other punishment as the court awards. 31 V., c. 14, s. 2. Trial of subjects of H. M. levying war in Canada in company with foreigners. 7. Every subject of Her Majesty, within Canada, who levies war against Her Majesty, in company with any of the subjects or citizens of any foreign state or country then at peace with Her Majesty, or enters Canada in company with any such subjects or citizens with intent to levy war on Her Majesty, or to commit any such act of felony as aforesaid, or who, with the design or intent to aid and assist, joins himself to any person or persons whomsoever, whether subjects or aliens, who have entered Canada with design or intent to levy war on Her Majesty, or to commit any such felony within the same, may be tried and punished by a militia court martial, in the same manner as any citizen or subject of a foreign state or country at peace with Her Majesty, may be tried and punished under the next preceding section. 31 V., c. 14, s. 3. fending under sections. 8. Every subject of Her Majesty, and every citizen or sub- Punishment ject of any foreign state or country, who offends against the of persons of provisions of the two sections next preceding, is guilty of felony preceding and may, notwithstanding the provisions herein before contained, be prosecuted and tried in any county or district of the Province in which such offence was committed, before any court of competent jurisdiction, in the same manner as if the offence had been committed in such county or district, and, upon conviction, shall suffer death as a felon. 31 V., c. 14, s. 4. herein to 9. Nothing herein contained shall lessen the force of or in Nothing any manner affect anything enacted by the statute passed in affect 25 Edw. the twenty-fifth year of the reign of His Majesty King Edward III, c. 2. the Third, intituled "A declaration which offences shall be [11-12 V... adjudged treason." 31 V., c. 69, s. 1. OTTAWA : Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most Excellent Majesty. c. 12, s. 6.] A. D. 1886. Sheriff, &c., may enjoin persons riotously assembled to dis perse. c. 5, s. 1.] CHAPTER 147. An Act respecting Riots, unlawful Assemblies and HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: : 1. Every sheriff, deputy sheriff, mayor or other head officer, and justice of the peace, of any county, city or town, who has notice that there are within his jurisdiction persons to the number of twelve or more unlawfully, riotously and tumultuously [1 G. I, St. 2, assembled together to the disturbance of the public peace, shall resort to the place where such unlawful, riotous and tumultuous assembly is, and among the rioters, or as near to them as he can safely come, with a loud voice, command, or cause to be commanded, silence, and, after that, openly and with loud voice, make or cause to be made a proclamation in these words, or to the like effect : Form of proclamation. "Our Sovereign Lady the Queen charges and commands all "persons being assembled immediately to disperse and peace[1 G. I, St. 2, "ably to depart to their habitations or to their lawful business, c. 5, s. 2.] "upon the pain of being guilty of an offence, on conviction of "which they may be sentenced to imprisonment for life. "GOD SAVE THE QUEEN." Persons making opposi sition or continuing assembled guilty of felony. c. 5, 8, 5.] 31 V., c. 70, s. 1, part, and ss. 2 and 3. 2. All persons who, (a.) With force and arms wilfully oppose, hinder or hurt any person who begins or is about to make the said proclamation, whereby such proclamation is not made, or (b.) Continue together to the number of twelve, for one hour [1 G. I, St. 2, after such proclamation has been made, or if they know that its making was hindered as aforesaid, continue together and do not disperse themselves within one hour after such hind Punishment. Time for pro rance, Are guilty of felony and liable to imprisonment for life: 2. No person shall be prosecuted for any offence under this section unless such prosecution is commenced within twelve [1. G. I, St. 2, months after the offence is committed. 31 V., c. 70, ss. 1, secution limited. c. 5, s. 8.] part, 6, 7 and 8. |