which such person is convicted, and, in the case of sale, the proceeds arising therefrom shall be paid to the Minister of Finance and Receiver General, for the public uses of Canada. 48-49 V., c. 7, s. 12. searching or 13. The person who so searches or seizes shall not be liable Person to any suit for detaining such explosive substance, or for any seizing liable loss or damage which happens thereto, without the wilful act for wilful or neglect of himself or of the person whom he intrusts with the keeping thereof. 48-49 V., c. 7, s. 13. neglect only. [38 V., c. 17, s. 74 (5) (6).] 14. This Act shall not exempt any person from any indict- Offender not ment or proceeding for any offence which is punishable at exempt from punishment common law, or by any other Act; but no person shall be for other twice punished for the same criminal act. 48-49 V., c. 7, s. 14. OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most offences. A. D. 1886. CHAPTER 151. An Act respecting the Preservation of Peace in the vicinity of Public Works. H ER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: INTERPRETATION. Interpretation. "This Act." 64 Commis- "Intoxicat 1. In this Act, unless the context otherwise requires,(a.) The expressiou "this Act" means such section or sections thereof as are in force, by virtue of any proclamation, in the place or places with reference to which the Act is to be construed and applied; (b.) The expression "commissioner" means a commissioner under this Act; (c.) The expression "weapon" includes any gun or other firearm, or air-gun or any part thereof, or any sword, swordblade, bayonet, pike, pike-head, spear, spear-head, dirk, dagger, or other instrument intended for cutting or stabbing, or any steel or metal knuckles, or other deadly or dangerous weapon, and any instrument or thing intended to be used as a weapon, and all ammunition which may be used with or for any weapon; (d.) The expression "intoxicating liquor" means and in"ing liquor." cludes any alcoholic, spirituous, vinous, fermented, or other intoxicating liquor, or any mixed liquor, a part of which is spirituous or vinous, fermented or otherwise intoxicating; (e.) The expression "district, county or place," includes any division of any Province for the purposes of the administration of justice in the matter to which the context relates; 66 District, 46 county or 'place." "Public "work." Act may be declared in (f.) The expression "public work" means and includes any railway, canal, road, bridge or other work of any kind, and any mining operation constructed or carried on by the Government of Canada, or of any Province of Canada, or by any municipal corporation, or by any incorporated company, or by private enterprise. 32-33 V., c. 24, s. 2, part, and s. 21;-33 V., c. 28, s. 2, part;-48-49 V., c. 80, s. 1. PROCLAMATION. 2. The Governor in Council may, as often as occasion reforce at any quires, declare, by proclamation, that upon and after a day nated. therein named, this Act, or any section or sections thereof, place desig shall be in force in any place or places in Canada in such proclamation designated, within the limits or in the vicinity whereof any public work is in course of construction, or in such places as are in the vicinity of any public work, within which he deems it necessary that this Act, or any section or sections thereof, should be in force, and this Act, or any such section or sections thereof, shall, upon and after the day named in such proclamation, take effect within the places designated therein: and renewal 2. The Governor in Council, may, in like manner, from time Revocation to time, declare this Act, or any section or sections thereof, to of order. be no longer in force in any such place or places, and may again, from time to time, declare this Act, or any section or sections thereof, to be in force therein: 3. No such proclamation shall have effect within the limits As to cities. of any city: 4. All courts, magistrates and justices of the peace shall take To be judicijudicial notice of every such proclamation. 48-49 V., c. 80, s. 2. ally noticed. WEAPONS. missioner. 3. On or before the day named in such proclamation, every Delivery of person employed on or about any public work, to which the arms to comsame relates, shall bring and deliver up, to some commissioner or officer appointed for the purposes of this Act, every weapon in his possession, and shall obtain from such commissioner or officer a receipt for the same. 32-33 V., c. 24, s. 3. arms not 4. Every weapon found in the possession of any person Seizure of employed, as aforesaid, after the day named in any proclama- delivered. tion and within the limits designated in such proclamation, may be seized by any justice of the peace, commissioner, constable or other peace officer,-and shall be forfeited to the use of Her Majesty. 32-33 V., c. 24, s. 5. force. 5. Every one employed upon or about any public work, Punishment for keeping within the place or places in which this Act is then in force, arms when who, upon or after the day named in such proclamation, keeps Act is in or has in his possession or under his care or control, within any such place, any weapon, shall incur a penalty not exceeding four dollars and not less than two dollars for every such weapon found in his possession. 32-33 V., c. 24, s. 2, part. for unlawfully 6. Every one who, for the purpose of defeating this Act, Punishment receives or conceals, or aids in receiving or concealing, or pro- concealing cures to be received or concealed, within any place in which arins. this Act is at the time in force, any weapon belonging to or in the custody of any person employed on or about any public work, shall incur a penalty not exceeding one hundred dollars and not less than forty dollars, and a moiety of such penalty Persons unlawfully may be arrested. shall belong to the informer and the other moiety to Her Majesty, for the public uses of Canada 32-33 V., c. 24, s. 6. 7. Any commissioner or justice of the peace, constable or carrying arms peace officer, or any person acting under a warrant, in aid of any constable or peace officer, may arrest and detain any person employed on any public work, found carrying any weapon, within any place in which this Act is, at the time, in force, at such time and in such manner as, in the judgment of such commissioner, justice of the peace, constable or peace officer, or person acting under a warrant, affords just cause of suspicion that it is carried for purposes dangerous to the public peace; and every one so employed, who so carries any such weapon, is guilty of a misdemeanour, and the justice of the peace or commissioner arresting such person, or before whom he is brought under such a warrant, may commit him for trial for a misdemeanour, unless he gives sufficient bail for his appearance at the next term or sitting of the court before which the offence can be tried, to answer to any indictment to be then preferred against him. 32-33 V., c. 24, s. 8. And committed. Search warrant may be issued. Right of entry for search. arms found. 8. Any commissioner appointed under this Act, or any justice of the peace having authority within the place in which this Act is at the time in force, upon the oath of a credible witness that he believes that any weapon is in the possession of any person or in any house or place contrary to the provisions of this Act, may issue his warrant to any constable or peace officer to search for and seize the same,-and he, or any person in his aid, may search for and seize the same in the possession of any person, or in any such house or place. 32-33 V., c. 24, s. 7, part. 9. If admission to any such house or place is refused after demand, such constable or peace officer, and any person in his aid, may enter the same by force, by day or by night, and seize any such weapon and deliver it to such commissioner; and Forfeiture of unless the person in whose possession or in whose house or premises the same is found, within four days next after the seizure, proves to the satisfaction of such commissioner or justice of the peace that the weapon so seized was not in his possession or in his house or place contrary to the meaning of this Act, such weapon shall be forfeited to the use of Her Majesty. 32-33 V., c. 24, s. 7, part. Disposal of 10. All weapons declared forfeited under this Act shall be forfeited arms, sold or destroyed under the direction of the commissioner by whom or by whose authority the same are seized, and the proceeds of such sale, after deducting necessary expenses, shall be received by such commissioner and paid over by him to the Minister of Finance and Receiver General, for the public uses of Canada. 32-33 V., c. 24, s. 10. arms when force. 11. Whenever this Act ceases to be in force within the place Restitution of where any weapon has been delivered and detained in pursu- tine ance thereof, or whenever the owner or person lawfully entitled longer in to any such weapon satisfies the commissioner that he is about to remove immediately from the limits within which this Act is at the time in force, the commissioner may deliver up to the owner or person authorized to receive the same, any such weapon, on production of the receipt given for it. 32-33 V., c. 24, s. 4. turns to be 12. Every commissioner under this Act shall make a Monthly remonthly return to the Secretary of State of all weapons made. delivered to him, and by him detained under this Act. 32-33 V., c. 24, s. 9. INTOXICATING LIQUOR. prohibited. 13. Upon and after the day named in such proclamation Sale of liquor and during such period as such proclamation remains in force, no person shall, at any place within the limits specified in such proclamation, sell, barter or, directly or indirectly, for any matter, thing, profit or reward, exchange, supply or dispose of, any intoxicating liquor; nor expose, keep or have in possession Possession of any intoxicating liquor intended to be dealt with in any such liquors for sale prohibit way: ed. 2. The provisions of this section shall not extend to any per- Proviso. son selling intoxicating liquor by wholesale, and not retailing the same, if such person is a licensed distiller or brewer. 48-49 V., c. 80, s. 3, part. 14. Every one who, by himself, his clerk, servant, agent or Penalty for other person, violates any of the provisions of the next preced- contravening section, is guilty of an offence against this Act, and, on a first conviction, shall be liable to a penalty of forty dollars and costs, and, in default of payment, to imprisonment for a term not exceeding three months,-and on every subsequent conviction, to the said penalty and the said imprisonment in default of payment, and also to further imprisonment for a term not exceeding six months. 48-49 V., c. 80, s. 3, part. liable to same 15. Every clerk, servant, agent or other person who, being Agent to be in the employment of, or on the premises of another person, penalty as violates or assists in violating any of the provisions of the principal. thirteenth section of this Act, for the person in whose employment or on whose premises he is, shall be equally guilty with the principal offender, and shall be liable to the penalties mentioned in the next preceding section. 48-49 V., c. 80, s. 3, part. 16. If any person makes oath or affirmation before any Search for commissioner or justice of the peace, that he has reason to and seizure of believe, and does believe that any intoxicating liquor with information liquor, on and warrant. |