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.

108. Having weapon with intent to injure any one.-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 dol ars 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.

109. Pointing any firearm at anyone.-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 erm not exceeding thirty days, with or without hard labour. R.S.C., c. 148, s. 4.

This article changes the amount of penalty, which, under sec. 4, R. S. C. c. 148, was a maximum of $50 and a minimum of $20. It also adds "with or without hard labor" in the clause providing for imprisonment.

The same addition "with or without hard labor" is made in articles 107, 108, 110, 111, 118, and 119.

110. Carrying offensive weapons.-Every one who carries about his person any bowieknife, 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 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 ten dollars, and in default of payment thereof to imprisonment for any term not exceeding thirty days, with or without hard labour. RS.C., c. 148, s. 5.

111. Carrying sheath-knives. 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.Š.C., c. 148, s. 6.

112. Exception as to soldiers, &c.-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.SC., c. 148, s. 10.

113. Refusing to deliver offensive weapon to a justice.- Everyone attending any 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.

114. Coming armed near public meeting.—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.

This article reduces, to one mile, the distance within which a person must not come armed. Under the old law it was two miles.

115. Lying in wait for persons returning from Public Meeting.— 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.

No prosecution for any offence against articles 113, 114 and 115 can be commenced after the expiration of one year from its commission. (1)

116. Sale of Arms in North-West Territories.-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

(1) See article 551 (c), post.

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.

117. Possessing Weapons near Public Works. 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 Act 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 and 6.

118. Sale &c., of liquors near public works.-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 and 15.

119. Intoxicating liquors on board Her Majesty's ships.-Everyone 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 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.

PART VII.

SEDITIOUS OFFENCES.

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

(a.) 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

(b.) attempts to induce or compel any person to take any such oath or engagement; or

(c.) takes any such oath or engagement.

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

(c.) takes any such oath or engagement. C.S.L.C., c. 10, s. 1.

122. Any one who, under such compulsion as would otherwise excuse him, offends against either of the last two preceding sections shall not be excused thereby unless, within the period hereinafter mentioned, he declares the same and what he knows touching the same, and the persons by whom and in whose presence, and when and where, such oath or obligation or engagement was administred or taken, by information on oath before one of Her Majesty's justices of the peace for the district or city or county in which such oath or engagement was administered or taken. Such declaration may be made by him within fourteen days after the taking of the oath or, if he is hindered from making it by actual force or sickness, then within eight days of the cessation of such hindrance, or on his trial if it happens before the expiration of either of those periods. C. S. L. C., c. 10, s. 2.

These three articles are taken from sections 1, 2, 3 and 4 of chapter 10 of the Consolidated Statutes of Lower Canada. With regard to the province of Quebec there is no doubt that the remaining sections 5, 6, 7, 8 and 9, (unrepealed), of that Act are still in force, and the law as contained therein may probably also apply to British Columbia, Manitoba and the North-West, seeing that the statute was simply a re-enactment of the English law on the subject as it stood, in 1837, under 52 Geo. 3, c. 104, and 7 Will. 4 & 1 Vic., c. 91.

Under the law as embodied in these unrepealed sections of chap. 10, C. S. L. C., it is an indictable offence punishable by seven years' imprisonment, to become a member of or to correspond or hold intercourse with or in any way to aid or support any society or association thereby declared to be an unlawful combination or confederacy; and every society or association is thereby deemed to be an unlawful combination or confederacy,

1. Whose members, according to the rules thereof, or to any provision or any agreement for that purpose, are (a) required to keep secret the acts or proceedings thereof, or (b) admitted to take any unlawful oath or engagement within the meaning of that act, or any oath or engagement not required or authorized by law.

2. Whose members or any of them take or in any manner bind themselves by any such oath or engagement or in consequence of being members thereof.

3. Whose members or any of them lake, subscribe or assent to any engagement of secrecy test or declaration not required by law.

4. The names of whose members, or any of them, are kept secret from the society at large.

5. Which has any committee or secret body so chosen or appointed that the members constituting the same are not known by the society at large to be members of such committee or select body.

6. Which has any president, treasurer, secretary, delegate or other officer so chosen or appointed that his election or appointment to such office is not known to the society at large.

7. Of which the names of all the persons and of the committee or select bodies of members and of all presidents, treasurers, secretaries, delegates and other officers are not entered in a book kept for that purpose and open for the inspection of all the members.

8. Which is composed of different divisions or branches or of different parts acting in any manner separately or distinct from each other, or of which any part has any separate or distinct president, secretary, treasurer, delegate or other officer elected or appointed by or for such part or to act as an officer for such part.