7. If any sheriff has reason to believe that a prize-fight is taking place or is about to take place within his jurisdiction 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.

10. Every judge of a superior court or of a county court, judge of the sessions of the peace, stipendiary magistrate, police 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.

CHALLENGE TO A PRIZE-FIGHT.

93. Every one is guilty of an offence 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, with or without hard labour or to both, 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 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. R. S. C. c. 153, s. 2.

PRINCIPAL IN A PRIZE-FIGHT.

94. Every one is guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding twelve months and not less than three months, with or without hard labour who engages as a principal in a prizefight. R. S. C. c. 153, s. 3.

AIDERS, ABETTORS, ETC.

95. Every one is guilty of an offence 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, with or without 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.

See R. v. Coney, 15 Cox, 46, Warb. Lead. Cas. 56, and note under section 92 ante.

LEAVING CANADA TO ENGAGE IN A PRIZE-FIGHT.

96. Every inhabitant or resident of Canada is guilty of an offence 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, 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.

The interpretation clause does not state what is the difference between an inhabitant and a resident.

TRIAL, ETC.

97. If, after hearing evidence of the circumstances connected with the origin of the fight or intended fight, the person before whom the complaint is made 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 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.

Section 7, chapter 147, R. S. C., authorizing the sheriff to prevent by force any prize-fight has not been repealed. See ante, under section 92.

INCITING INDIANS TO RIOTOUs Acts.

98. Every one is guilty of an indictable offence and liable to two years' imprisonment who induces, incites or stirs up any three or more Indians, nontreaty 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.

Inciting an Indian to commit any indictable offence is punishable by five years, section 112, chapter 43, R. S. C. even if that indictable offence is itself liable to a lesser punishment.

PART VI.

UNLAWFUL USE AND POSSESSION OF EXPLOSIVE
SUBSTANCES AND OFFENSIVE WEAPONS

-SALE OF LIQUORS.

99. Every one is guilty of an indictable offence and liable to imprisonment for life who wilfully causes, by any 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.

See post annotations under sections 247, 248 & 488.

As to search warrant, section 569 sub-sections 7, 8.-"Explosive substance" defined, section 3. This and the two following sections are re-enactments of the Imperial "Explosive Substances Act of 1883": 46 V. c. 3.

INJURIES BY EXPLOSIVE SUBSTANCES.

100. Every one is guilty of an indictable offence and 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, an explosion of a nature likely to endanger life, or to cause serious injury to property;

(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.

See note under preceding section.

POSSESSION OF EXPLOSIVES.

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; 46 V. c. 3 (Imp.).

"Having in possession" and " Explosive substance" defined, section 3; R. v. Charles, 17 Cox, 499, is a case under the corresponding section of the Imperial act.

POSSESSION OF OFFENSIVE WEAPONS.

102. Every one is guilty of an indictable offence and liable to five years' imprisonment who has in his custody or possession, or carries, any offensive weapons for any purpose dangerous to the public peace. R. S. C. c. 149, s. 4. (Amended).

Limitation, 6 months, section 551. "Having in possession" and "Offensive weapon" defined, section 3; search warrant, section 569. The following sections of chapter 149, Revised Statutes respecting the seizure of arms kept for dangerous purposes are unrepealed.

5. All justices of the peace in and for any district, county, city, town or place, in Canada, shall have concurrent jurisdiction as justices of the peace, with the justices of any other district, county, city, town or place, in all cases with respect to the carrying into execution the provisions of this Act, and with respect to all matters and things relating to the preservation of the public peace under this Act, as fully and effectually as if each of such justices was in the commission of the peace, or was ex officio a justice of the peace for each of such districts, counties, cities, towns or places.

7. The Governor in Council may, from time to time, by proclamation, suspend the operation of this Act in any province of Canada or in any particular district, county or locality specified in the proclamation; and from and after the period specified in any such proclamation, the powers given by this Act shall be suspended in such province, district, county or locality; but nothing herein contained shall prevent the Governor in Council from again declaring, by proclamation, that any such province, district, county or locality shall be again subject to this Act and the powers hereby given, and upon such proclamation this Act shall be revived and in force accordingly.

CARRYING OFFENSIVE WEAPONS.

103. If two or more persons openly carry offensive weapons 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.

Limitation, one month, section 551.

weapon" defined, section 3.

BEING FOUND WITH SMUGGLED GOODS.

"Offensive

104. Every one is guilty of an indictable offence and liable 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. (Amended).

As the section reads, there must be both the unlawful possession and the carrying of arms to constitute this offence. Section 213, of chapter 32, Revised Statutes, An Act respecting the Customs, is repealed, also sections 98 and 99, of chapter 34, Revised Statutes, An Act respecting the Inland Revenue.

CARRYING OF ARMS, SELLING ARMS.

105. Every one is guilty of an offence and liable on summary conviction to a penalty not exceeding twenty-five 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

CRIM. LAW-5

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 satisfaction of any justice, he may grant to any applicant therefor 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 forthwith 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.

5. Whenever the Governor in Council deems it expedient in the public interest, he may by proclamation suspend the operation of the provisions of the first and second sub-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. Section 1, c. 148. (Amended).

Limitation, one month, s. 551.

106. Every one is guilty of an offence and liable on summary conviction to a penalty not exceeding fifty dollars, who 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 with out 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.

Limitation, one month, s. 551.

107. Every one who when arrested, either on a warrant issued against him for an offence or while committing an 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.

Limitation, one month, s. 551.