The Criminal Code of the Dominion of Canada, as Amended in 1893

108. Every one who has upon his person a pistol or air-gun, with intent therewith unlawfully to do injury to any other person, is guilty of an offence and liable, on summary conviction before two justices of the peace, to a penalty not exceeding two hundred dollars and not less than fifty dollars, or to imprisonment for any term not exceeding six months, with or without hard labour. R. S. C. c. 148, s. 3.

Limitation, one month, s. 551.

109. Every one who, without lawful excuse, points at another person any firearm or air-gun, whether loaded or unloaded, is guilty of an offence and liable, on summary conviction before two justices of the peace, to a penalty not exceeding one hundred dollars and not less than ten dollars, or to imprisonment for any term not exceeding thirty days, with or without hard labour. R. S. C. c. 148, s. 4.

Limitation, one month, s. 551.

110. Every one who carries about his person any bowie-knife, dagger, dirk, metal knuckles, skull cracker, slung shot, or other offensive weapon of a like character, or secretly carries about his person any instrument loaded at the end, or sells or exposes for sale, publicly or privately, any such weapon, or being masked or disguised carries or has in his possession any firearm or airgun, 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 ten dollars, and in default of payment thereof to imprisonment for any term not exceeding thirty days, with or without hard labour. R. S. C. c. 148, s. 5. Limitation, one month, s. 551.

CARRYING SHEATH-KNIVES IN SEAPORTS.

111. Every one, not being thereto required by his lawful trade or calling, who is found in any town or city carrying about his person any sheath-knife 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 thereof to imprisonment for any term not exceeding thirty days, with or without hard labour. R. S. C. c. 148, s. 6.

Limitation, one month, s. 551.

The section does not only apply to seaports as the repealed section did. The heading only does. Section 7 of chapter 148, Revised Statutes. "An Act respecting the Improper Use of Firearms and other Weapons" is unrepealed.

LEGAL CARRYING OF ARMS.

112. It is not an offence for any soldier, public officer, peace officer, sailor or volunteer in Her Majesty's service, constable or other policeman, to carry loaded pistols or other usual arms or offensive weapons in the discharge of his duty. R. S. C. c. 148, s. 10.

The words in italics are new.

REFUSAL TO DELIVER ARMS WHEN ATTENDING A PUBLIC MEETING.

113. Every one attending a public meeting or being on his way to attend the same who, upon demand made by any justice of the peace within whose jurisdiction such public meeting is appointed to be held, declines or refuses to deliver up, peaceably and quietly, to such justice of the peace, any offensive weapon with which he is armed or which he has in his possession, is guilty of an indictable offence.

2. The justice of the peace may record the refusal and adjudge the offender to pay a penalty not exceeding eight dollars, or the offender may be proceeded against by indictment as in other cases of indictable offences. R. S. C. c. 152, s. 1.

For a conviction under indictment, the punishment would be under section 951, post; limitation, one year, section 551. Sections 1, 2, 3, chapter 152, " An Act respecting the Preservation of Peace at Public Meetings," are unrepealed.

COMING ARMED NEAR A MEETING.

114. Every one, except the sheriff, deputy sheriff and justices of the peace for the district or county, or the mayor, justices of the peace or other peace officer for the city or town respectively, in which any public meeting is held, and the constables and special constables employed by them, or any of them, for the preservation of the public peace at such meeting, is guilty of an indictable offence, and liable to a penalty not exceeding one hundred dollars, or to imprisonment for a term not exceeding three months, or to both, who, during any part of the day upon which such meeting is appointed to be held, comes within one mile of the place appointed for such meeting armed with any offensive weapon. R. S. C. c. 152, s. 5.

Limitation, one year, section 551. "Offensive weapon defined, section 3.

An offender punishable by three months imprisonment should be liable to conviction upon summary proceedings.

LYING IN WAIT FOR PERSONS RETURNING FROM PUBLIC MEETING.

115. Every one is guilty of an indictable offence and liable to a penalty not exceeding two hundred dollars, or to imprisonment for a term not exceeding six months, or to both, who lies in wait for any person returning, or expected to return, from any such public meeting, with 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. R. S. C. c. 152, s. 6.

Limitation, one year, section 551. Why is the offence under this section indictable?

SALE OF ARMS, NORTH-WEST TERRITORIES.

116. Every one is guilty of an offence and liable, on summary conviction before two justices of the peace, to a penalty of two hundred dollars or to six months' imprisonment, or to both, who, during any time when and within any place in the North-West Territories where section one hundred and one of The North-West Territories Act is in force

(a) Without the permission in writing (the proof of which shall be on him) of the Lieutenant Governor, or of a commissioner appointed by him to give such permission, has in his possession or sells, exchanges, trades, barters or gives to, or with any person, any improved arm or ammunition; or

(b) Having such permission sells, exchanges, trades, barters or gives any such arm or ammunition to any person not lawfully authorized to possess the

same.

2. The expression "improved arm" in this section means and includes all arms except smooth-bore shot-guns; and the expression "ammunition" means fixed ammunition or ball cartridge. R. S. C. c. 50, s. 101.

Section 101, of chapter 50, R. S. C. the North West Territories Act, is unrepealed.

As to search warrant, section 569.

PROTECTION OF PUBLIC WORKS.

117. Every one employed upon or about any public work, within any place in which the Act respecting the Preservation of Peace in the vicinity of Public Works is then in force, is liable, on summary conviction, to a penalty not exceeding four dollars and not less than two dollars for every such weapon found in his possession who, upon or after the day named in the proclamation by which such Act is brought into force, keeps or has in his possession, or under his care or control, within any such place, any weapon.

2. Every one is liable, on summary conviction, to a penalty not exceeding one hundred dollars and not less than forty dollars, who, for the purpose of defeating the said Act, receives or conceals, or aids in receiving or concealing, or procures to be received or concealed within any place in which the said Aqt is at the time in force, any weapon belonging to or in custody of any person employed on or about any public work. R. S. C. c. 151, ss. 1, 5 & 6.

118. Upon and after the day named in any proclamation putting in force in any place An Act respecting the Preservation of Peace in the vicinity of Public Works, 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 any intoxicating liquor intended to be dealt with in any such way.

2. The provisions of this section do not extend to any person selling intoxicating liquor by wholesale and not retailing the same, if such person is a licensed distiller or brewer.

3. Every one is liable, on summary conviction, for a first offence, to a penalty of forty dollars and costs, and, in default of payment, to imprisonment

for a term not exceeding three months, with or without hard labour,-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, with or without hard labour, who, by himself, his clerk, servant, agent or other person, violates any of the provisions of this or of the preceding section.

4. Every clerk, servant, agent or other person who, being, in the employment of, or on the premises of, another person, violates or assists in violating any of the provisions of this or of the preceding section for the person in whose employment or on whose premises he is, is equally guilty with the principal offender and liable to the same punishment. R. S. C. c. 151, ss. 1, 13, 14 & 15.

Chapter 151, Revised Statutes, "An Act respecting the Preservation of Peace in the vicinity of Public Works," is unrepealed.

CONVEYING LIQUOR, ETC., ETC., ETC., TO HER MAJESTY'S SHIPS.

119. Every one is guilty of an offence and liable, on summary conviction before two justices of the peace, to a fine not exceeding fifty dollars for each offence, and in default of payment to imprisonment for a term not exceeding one month, with or without hard labour, who, without the previous consent of the officer commanding the ship or vessel

(a) Conveys any intoxicating liquor on board any of Her Majesty's ships or vessels; or

(b) Approaches or hovers about any of Her Majesty's ships or vessels for the purpose of conveying any such liquor on board thereof; or

(c) Gives or sells to any man in Her Majesty's service, on board any such ship or vessel, any intoxicating liquor. 50-51 V. c. 46, s. 1.

As to arrest without warrant of offenders against this section by any officer, see section 552, sub-section 6; as to search for liquor and seizure by such officer, section 573.

PART VII.

SEDITIOUS OFFENCES.-UNLAWFUL OATHS.

OATHS TO COMMIT CERTAIN OFFENCES. (New).

120. Every one is guilty of an indictable offence and liable to fourteen years' imprisonment who

(c) Administers, or is present at and consenting to the administration of, any oath or any engagement purporting to bind the person taking the same

to commit any crime punishable by death or imprisonment for more than five

years; or

() Attempts to induce or compel any person to take any such oath or engagement; or

This enactment and the two next are taken from chapter 10 of the Cons. Stat. of Lower Canada, of which sections 5, 6, 7, 8 & 9 remain unrepealed.

OTHER UNLAWFUL OATHS. (New).

121. Every one is guilty of an indictable offence and liable to seven years' imprisonment who

(a) Administers or is present at and consenting to the administration of any oath or engagement purporting to bind the person taking the same :

(i) To engage in any mutinous or seditious purpose;

(ii) To disturb the public peace or commit or endeavour to commit any offence;

(iii) Not to inform and give evidence against any associate, confederate or other person;

(iv) Not to reveal or discover any unlawful combination or confederacy, or any illegal act done or to be done or any illegal oath or obligation or engagement which may have been administered or tendered to or taken by any person, or the import of any such oath or obligation or engagement; or (b) Attempts to induce or compel any person to take any such oath or engagement; or

Not triable at quarter sessions, section 540.

R. v. Lovelass, 6 C. & P. 596.

Indictment. The jurors for our Lady the Queen, present, that A. B. on the

year of our Lord

day of

, in the

did unlawfully administer and cause to be administered to one C. D. a certain oath and engagement, purporting, and then intended, to bind the said C. D., not to inform or give evidence against any associate, confederate, or other person of or belonging to a certain unlawful association and confederacy, to wit

and which said oath and engagement was then taken by the said C. D.

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