guilty thereof shall be, that such person shall be drawn on a cases of High hurdle to the place of execution, and be there hanged by the Treason. neck until such person be dead; and that afterwards the body of such person shall be dissected and anatomized. 3, s. 19. 3 W. 4, c. of murder or 4. If any person by force, sets at liberty or rescues, or attempts Rescuing perto rescue or set at liberty, any person out of prison, who has sons convicted been committed for or found guilty of murder; or rescues, or committed for attempts to rescue, any person convicted of murder going to murder. execution or during execution, such offender is guilty of felony, and shall suffer death, and any accessory before the fact to any such offence is guilty of felony, and shall suffer death. 3 W. 4, c. 3, s. 4. fessing or out 5. Any person indicted for any offence made capital by this Persons conor any other Statute, shall be liable to the same punishment, lawed to be whether he be convicted by verdict or confession, or be outlawed punished in the upon indictment; and this, as well in the case of accessories same manner as of principals. 3 W. 4, c. 3, ss. 16, 25. as it convicted by verdict. adapted to Peace may en sembled to dis perse. 6. In case any persons to the number of twelve or more, The Riot Act, being unlawfully, riotously and tumultuously assembled 1 Geo. 1, c. 5, together, to the disturbance of the public peace, be by Upper Canada. Proclamation, in the Queen's name, made in the form in this Act directed, by any one or more Justice or Justices of the Justices of the Peace, or by the Sheriff of the County, or his Deputy join persons Sheriff, or by the Mayor, or other head officer, or Justice riotously asof the Peace of any city or town corporate, where such persons are so assembled, required or commanded to disperse 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 continuing together to the number of twelve or more, after such command or request so made by Proclamation, is felony, and the offenders shall suffer death. 3 W. 4, c. 3, s. 13. clamation. 7. The order and form of the Proclamation to be made by Form of Prothe 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 ud voice. make, or cause to be made, Proclamation in these words, or like in effect: "Our Sovereign Lady the Queen chargeth and commandeth "all persons being assembled immediately to disperse themselves, and peaceably to depart to their habitations or to their GGG2 "lawful Justices of the Mayors, &c., to repair to place of riot, "lawful business, upon the pains contained in the Act relating "to High Treason, to tumults and riotous assemblies and to "other offences.-God save the Queen. 3 W. 4, c. 3, s. 13. 8. Every such Justice and Justices of the Peace, Sheriff, Peace, Sheriffs, Deputy Sheriff, Mayor and other Head Officer, within the limits of their respective jurisdictions, shall, on notice or knowand there make ledge of any such unlawful, riotous and tumultuous assembly Proclamation. of 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. 3 W. 4, c. 3, s. 13. Consequences, of persons riot ously assembled not dispersing in obedience to the Proclamation. Persons suppressing riot justified-even though death of a rioter ensues. Consequences of any person 9. If twelve or more of the persons so unlawfully, riotously and tumultuously assembled, continue together, after Proclamation made in manner aforesaid, and do not disperse themselves within one hour, then every Justice of the Peace, Sheriff and Deputy Sheriff of the County where such assembly may be, and also every High and Petty Constable, and other Peace Officer within such 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 apprehend the persons so unlawfully, riotously and tumultuously continuing together, after 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 County or place where such persons are so apprehended, in order to their being proceeded against for such their offences according to law. 3 W. 4, c. 3, s. 13. 10. If in the dispersing, seizing or apprehending or endea voring to disperse, seize or apprehend any of the persons so unlawfully, riotously and tumultuously assembled, any such persons happen to be killed, maimed or hurt, by reason of their resisting the persons dispersing, seizing or apprehending, or endeavouring 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 and 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 so unlawfully, riotously and tumultuously assembled, as aforesaid. 3 W. 4, c. 3, s. 13. 11. If any person or persons with force and arms, wilfully and knowingly oppose, obstruct, or in any manner let, hinder or Officer and or hurt, any person or persons who begin to proclaim, or go opposing Peace to proclaim, according to the Proclamation hereby directed to others suppresbe made, whereby such Proclamation cannot be made, then sing riots. every such opposing, obstructing, letting, hindering or hurting such person or persons so beginning or going to make such Proclamation, as aforesaid, is felony, and the offenders shall suffer death, and every such person or persons so being unlawfully, riotously and tumultuously 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 suffer death. 3 W. 4, c. 3, s. 13. this statute to 12. No person or persons shall be prosecuted by virtue of this Prosecutions Act, for any offence or offences committed contrary to the last for acts under six sections, unless such prosecution be commenced within be commenced twelve months after the offence committed. 3 W. 4, c. 3, within. s. 13. 12 13. If any person within Upper Canada, wilfully and mali- Punishment for ciously sets on fire or burns, or otherwise destroys or causes setting fire to any of H. M. to be set on fire or burnt, or otherwise destroyed, or aids, dock-yards, procures, abets or assists, in the setting on fire or burning, ships, &c. or otherwise destroying, of any of Her Majesty's ships or vessels of war, whether on float or building, or begun to be built in any of Her Majesty's dock yards, or building or repairing by contract in any private yard for the use of Her Majesty, or any of Her Majesty's arsenals, magazines, dock yards, rope yards, victualling offices, or any of the buildings erected therein or belonging thereto, or any timber or materials there placed, for building, repairing or fitting out of ships or vessels, or any of Her Majesty's military, naval, or victualling stores, or other ammunition of war, or any place or places where any such military, naval, or victualling stores, or other ammunition of war is, or are, kept, placed or deposited, such offender is guilty. of felony, and shall suffer death. 3 W. 4, c. 3, s. 14. CAP. XCVIII. An Act to protect the Inhabitants of Upper Canada against lawless aggressions from Subjects of Foreign Countries at peace with Her Majesty. F NOR the protection of the inhabitants of Upper Canada against Preamble. lawless aggressions from Subjects of Foreign Countries at peace with Her Majesty: Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. In case any person, being a citizen or subject of any Fo- Citizens or subreign State or Country at peace with Her Majesty, be or continues jects of a fo reign power taken in arms in this Province; May be tried by a Militia Court Martial; in arms against Her Majesty, within Upper Canada, or commits any act of hostility therein, or enters Upper Canada with design or intent to levy war against Her Majesty, or to commit any felony therein, for which any person would by the laws of Upper Canada be liable to suffer death, then the Governor may order the assembling of a Militia General Court Martial for the trial of such person, agreeably to the Militia Laws; and upon And if convict- being found guilty by such Court Martial of offending against this Act, such person shall be sentenced by such Court Martial to suffer death, or such other punishment as shall be awarded by the Court. 3 V. c. 12, s. 2. ed be sentenced to death or other punish ment. Any subject levying war in with foreign this Province ers; 2. If any subject of Her Majesty, within Upper Canada. 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 Upper Canada in company with any such subjects or citizens with intent to levy war on Or committing Her Majesty, or to commit any such act of felony as aforesaid, such felony as or if with the design or intent to aid and assist he joins himself aforesaidto any person or persons whatsoever, whether subjects or aliens, who have entered Upper Canada with design or intent to levy war on Her Majesty, or to commit any such felony within the same, then such subject of Her Majesty may be tried and and punished in punished by a Militia Court Martial, in like manner as any citizen, or subject of a Foreign State or Country at peace with Her Majesty, is liable under this Act to be tried and punished. 3 V. c. 12, s. 3. With intent to aid such per sons; May be tried like manner. Any such fo tried before a 3. Every citizen or subject of any Foreign State or Counreigners may be try who offends against the provisions of this Act, is guilty of Court of Oyer felony, and may, notwithstanding the provisions hereinbefore and Terminer. contained, be prosecuted and tried before any Court of Oyer and Terminer and General Gaol Delivery in and for any County in Upper Canada, in the same manner as if the offence had been committed in such County, and upon conviction shall suffer death as a felon. 3 V. c. 12, s. 4. Preamble. Meetings of persons for the purpose of be CAP. XCIX. in An Act to prevent the unlawful training of persons HER Majesty, by and with the advice and consent of the follows: of 1. All meetings and assemblies of persons for the purpose training or drilling, or of being trained or drilled to the use of arms, or for the purpose of practising military exercises, or evolutions, prohibited. evolutions, without lawful authority, are prohibited, and every ing drilled to the person who attends any such meeting or assembly, for the use of arms, purpose of training or drilling any other person or persons to the use of arms, or to the practice of military exercise or evolu- Punishment of tion, or who trains or drills any other person or persons to the persons engaguse of arms, or to the practice of military exercise or evolution ed in drilling. as aforesaid, or who aids or assists therein, is guilty of a Misdemeanor, and shall be confined in the Penitentiary for the term of two years, or be punished by fine and imprisonment in the Common Gaol of the County in which the conviction takes place, for any period less than two years; and every Punishment of person who attends any such meeting or assembly, for the pur- persons present at such drilling, pose of being, or who at any such meeting or assembly is &c. trained or drilled to the use of arms, or to the practice of military exercise or evolutions, is guilty of a misdemeanor and shall be punished by fine and imprisonment in the Common Gaol, for any period less than two years, at the discretion of the Court. I V. c. 11, s. 1, See 14, 15 V. c. 2, s. 2. authorized to ings of persons, 2. Any Justice of the Peace, or any Constable or Peace Justices, &c., Officer, or any person acting in their aid, may disperse any such disperse such unlawful meeting or assembly as aforesaid, and arrest and de- unlawful meettain any person present at, or aiding, assisting or abetting, any and to commit such assembly or meeting; and the Justice of the Peace who offenders. arrests any such person, or before whom any person so arrested is brought, may commit him for trial, unless such person gives bail for his appearance at the then next Assizes, to answer to any indictment which may be preferred against him, for any such offence against this Act. 1 V. c. 11, s. 2. tion by indict 3. This Act shall not prevent any prosecution, by indict- Act not to prement or otherwise, for any thing that is an offence within the vent prosecuintent and meaning hereof, and which might have been so ment, &c. prosecuted if this Act had not been made, unless the offender has been prosecuted for such offence under this Act, and convicted or acquitted thereof. 1 V. c. 11, s. 3. to Justices of ing this Act 4. All Justices of the Peace in and for any County in Upper Concurrent juCanada, shall have concurrent jurisdiction as Justices of the risdiction given Peace, with the Justices of any other County, in all cases as to different Counthe carrying into execution the provisions of this Act, and as to ties in carryall matters and things relating to the preservation of the Public into effect. Peace, as fully and effectually as if each of such Justices were in the Commission of the Peace for each of such Counties. 1 V. c. 11, s. 7. clamation that 5. The Governor, by and with the advice of the Executive Governor may Council, may, by Proclamation, declare that this Act shall be declare by Prono longer in force in any particular County therein specified; this Act is no and from and after the period specified in such Proclama- longer in force tion, the powers of this Act shall no longer be in force in such lar County, and in any particuCounty; And the Governor, upon such advice as aforesaid, may again de may, |