of persons meeting. 4. Every person who is convicted of a battery, committed Punishment within the distance of two miles of the place appointed for the convicted of holding of such public meeting and during any part of the day battery near a whereon any such meeting has been appointed to be held, shall be liable to a penalty not exceeding one hundred dollars, or to imprisonment for a term not exceeding three months, or to both. C. S. C., c. 82, s. 18. of persons 5. Every person, except the sheriff, deputy sheriff and Punishment justices of the peace for the district or county, or the mayor approaching and justices of the peace for the city or town respectively, in a meeting which any such meeting is held, and the constables and special armed. constables employed by them, or any of them, for the preservation of the public peace at such meeting, who, during any part of the day upon which such meeting is appointed to be held, comes within two miles of the place appointed for such meeting, armed with any offensive weapon of any kind, as fire-arms, swords, staves, bludgeons, or the like, is guilty of a misdemeanour, and liable to a penalty not exceeding one hundred dollars, or to imprisonment for a term not exceeding three months, or 'to both. C. S. C., c. 82, s. 19. in wait. 6. Every person who lies in wait for any person returning, Punishment of or expected to return, from any such public meeting, with lying 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, is guilty of a misdemeanour, and liable to a penalty not exceeding two hundred dollars, or to imprisonment for a term not exceeding six months, or to both. C. S. C., c. 82, s. 20. actions 7. No action shall be brought against any person for any- Time for thing done by him under authority of this Act, unless within limited. twelve months next after the cause of such action accrued. C. S. C., c. 82, s. 21. OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most A. D. 1886. Interpretation. "Prize "fight." Punishment of person challenging to or prepar fight. CHAPTER 153. An Act respecting Prize Fighting. HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. In this Act, unless the context otherwise requires, the expression" prize fight" means an encounter or fight with fists or hands, between two persons who have met for such purpose by previous arrangement made by or for them. 44 V., c. 30, s. 1. 2. Every one who sends or publishes, or causes to be sent or published, or otherwise made known, any challenge to fight a prize fight, or accepts any such challenge, or causes the same ing for a prize to be accepted, or goes into training preparatory to such fight, or acts as trainer or second to any person who intends to engage in a prize fight, is guilty of a misdemeanour, and liable, on summary conviction, to a penalty not exceeding one thousand dollars and not less than one hundred dollars, or to imprisonment for a term not exceeding six months, or to both. 44 V., c. 30, s. 2. Punishment of principal in prize fight. And of aiders 3. Every one who engages as a principal in a prize fight is guilty of a misdemeanour, and liable, on summary conviction, to imprisonment for a term not exceeding twelve months and not less than three months. 44 V., c. 30, s. 3. 4. Every one who is present at a prize fight as an aid, and abettors. second, surgeon, umpire, backer, assistant or reporter, or who advices, encourages or promotes such fight, is guilty of a misdemeanour, and liable, on summary conviction, to a penalty not exceeding five hundred dollars and not less than fifty dollars, or to imprisonment for a term not exceeding twelve months, or to both. 44 V., c. 30, s. 4. 5. Every one who, being an inhabitant or resident of Canada, leaves Canada with intent to engage in a prize fight without the limits thereof, is guilty of a misdemeanour, and liable, on summary conviction, to a penalty not exceeding four hundred dollars and not less than fifty dollars, or to imprisonment for a term not exceeding six months, or to both. 44 V., c. 30, s. 5. when prize 6. If, at any time, the sheriff of any county, place or district Proceedings in Canada, any chief of police, any police officer, or any con- fight is about stable, or other peace officer, has reason to believe that any to take place. person within his bailiwick or jurisdiction is about to engage as principal in any prize fight within Canada, he shall forthwith arrest such person and take him before some person Arrest. having authority to try offences against this Act, and shall forthwith make complaint in that behalf, upon oath, before such person; and thereupon such person shall inquire into the charge, and if he is satisfied that the person so brought before him was, at the time of his arrest, about to engage as a principal in a prize fight, he shall require the accused to enter into a recognizance, with sufficient sureties, in a sum not exceeding Recognizance. five thousand dollars and not less than one thousand dollars, conditioned that the accused will not engage in any such fight within one year from and after the date of such arrest; and in Commitment default of such recognizance, the person before whom the in default. accused has been brought shall commit the accused to the gaol of the county, district or city within which such inquiry takes place, or if there is no common gaol there, then to the common gaol which is nearest to the place where such inquiry is had, there to remain until he gives such recognizance with such sureties. 44 V., c. 30, s. 6. fight by force. 7. If any sheriff has reason to believe that a prize fight is Sheriff may taking place or is about to take place within his jurisdiction prevent prize as such sheriff, or that any persons are about to come into Canada at a point within his jurisdiction, from any place outside of Canada, with intent to engage in, or to be concerned in, or to attend any prize fight within Canada, he shall forthwith summon a force of the inhabitants of his district or county sufficient for the purpose of suppressing and preventing such fight, and he shall, with their aid, suppress and prevent the same, and arrest all persons present thereat, or who come into Canada as aforesaid, and shall take them before some person having authority to try offences against this Act, to be dealt with according to law, and fined or imprisoned, or both, or compelled to enter into recognizances with sureties, as hereinbefore provided, according to the nature of the case. 44 V., c. 30, s. 7. competent S. Every person offending against any of the provisions of Who shall be this Act, except the principals engaged or intending to engage witte, &c. in a prize fight, shall be competent and compellable to give evidence in any proceeding under this Act, in the same manner and to the same extent as other persons; and no person examined as a witness shall be excused from answering any question on the ground that his answer will tend to criminate him; but his evidence shall not be used against him in any proceeding or prosecution whatsoever, and he shall not be liable to punishment for the offence respecting which he is required. to testify. 44 V., c. 30, s. 8. If the fight was not a an actual quarrel. 9. If, after hearing evidence of the circumstances connected prize fight but with the origin of the fight or intended fight, the person before whom a complaint is made under this Act is satisfied that 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 depends, such person may, in his discretion, discharge the accused or impose upon him a penalty not exceeding fifty dollars. 44 V., c. 30, s. 9. Certain judges to have powers of 10. Every judge of a superior court or of a county court, judge of the sessions of the peace, stipendiary magistrate, police justices of the magistrate, and commissioner of police of Canada, shall, within the limits of his jurisdiction as such judge, magistrate or commissioner, have all the powers of a justice of the peace with respect to offences against this Act. 44 V., c. 30, s. 10, part. peace. OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most CHAPTER 154. An Act respecting Perjury. HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: A. D. 1886. 1. Every one who commits perjury or subornation of perjury Punishment is guilty of a misdemeanour, and liable to a fine in the discretion of perjury. of the court and to fourteen years' imprisonment. 32-33 V., c. 23, s. 1. Who are perjury. any Act in 2. Every one who,— (a.) Having taken any oath, affirmation, declaration or guilty of affidavit in any case in which by any Act or law in force in Oath, &c., reCanada, or in any Province of Canada, it is required or author- quired by ized that facts, matters or things be verified, or otherwise force falsely assured or ascertained, by or upon the oath, affirmation, declaration or affidavit of any person, wilfully and corruptly, upon such oath, affirmation, declaration or affidavit, deposes, swears to or makes any false statement as to any such fact, matter or thing, taken. (b.) Knowingly, wilfully and corruptly, upon oath or affir- False statemation, affirms, declares, or deposes to the truth of any state- ment of fact. ment for so verifying, assuring or ascertaining any such fact, matter or thing, or purporting so to do, or knowingly, wilfully and corruptly takes, makes, signs or subscribes any such affirmation, declaration or affidavit, as to any such fact, matter or thing, such statement, affidavit, affirmation or declaration. being untrue, in the whole or any part thereof, or (c) Knowingly, wilfully and corruptly omits from any such Wilful affidavit, affirmation or declaration, sworn or made under the omission. provisions of any law, any matter which, by the provisions of such law, is required to be stated in such affidavit, affirmation or declaration, Is guilty of wilful and corrupt perjury, and liable to be punished accordingly: at common 2. Provided, that nothing herein contained shall affect any As to perjury case amounting to perjury at common law, or the case of any at co offence in respect of which other or special provision is made by any Act. 32-33 V., c. 23, s. 2. |