Justices being refused admittance into houses to search for arms, may enter by force, and may detain arms kept for purposes dangerous to the public peace.

Party from whom arms

are taken, may apply to for an order for restora

General Quarter Sessions

tion.

Justices of the Peace may seize and authorise the seizure of arms, under

Spear, Dirk, Dagger, Sword, Pistol, Gun, Rifle or other weapon, being in the possession of any such person, or in any such house or place as aforesaid; and in case admission into such house or place be refused, or not obtained within a reasonable time after it shall have been first demanded, to enter by force, by day or by night, into every such house or place whatsoever, and to detain or cause to be detained in safe custody, in such place as the said Justice shall appoint and direct, the arms and weapons so found or seized as aforesaid, unless the owner thereof shall prove, to the satisfaction of such Justice, that such arms or weapons were not kept for any purpose dangerous to the public peace.

V. Provided always, and be it further enacted by the authority aforesaid, That it shall be lawful for any person from whom any such arms or weapons shall be so taken as last aforesaid, in case the Justice of the Peace upon whose warrant the same shall have been taken, upon application made for that purpose, refuse to restore the same, to apply to the next General or Quarter Sessions of the Peace, upon giving ten days previous notice of such application to such Justice, for the restitution of such arms or weapons, or any part thereof, and the Justices assembled at such General Quarter Sessions of the Peace, shall make such order for the restitution or safe custody of such arms or weapons, or any part thereof, as upon such application shall appear to them to be proper.

VI. And be it further enacted by the authority aforesaid, That it shall and may be lawful for any Justice of the Peace, or for any Constable, particular circumstances: Peace Officer or other person, acting under the warrant of any Justice of the Peace, or for any person acting with or in aid of any Justice of the Peace, or of any Constable or other Peace Officer, having such warrant as aforesaid, to arrest and detain any person found carrying Arms, in such manner and at such times as in the judgment of such Justice of the Peace, to afford just grounds of suspicion that the same are for purposes dangerAnd unless bail be given, Ous to the public peace; and it shall be lawful for the Justice who shall under suspicious circum- arrest any such person, or before whom any person arrested upon any such warrant shall be brought, to commit such person for trial for a misdemeanor, unless such person can and shall give good and sufficient bail for his appearance at the next Assizes or General Quarter Sessions of the Peace, to answer to any Indictment which may be preferred against him.

by persons carrying arms

stances, Justices may commit him for trial.

Concurrent jurisdiction given to justice of different Districts, in carrying this Act into effect.

VII. And be it further enacted by the authority aforesaid, That all Justices of the Peace in and for any District in this Province, shall have concurrent jurisdiction, as Justices of the Peace, with the Justices of any other District, in all cases, as to the carrying into execution the provisions of this Act, and as to all matters and things relating to the preservation

of the public peace, as fully and effectually as if each of such Justices was in the Commission of the Peace for each of such Districts.

&c. for any thing done commenced within six

VIII. And be it further enacted by the authority aforesaid, That any action or suit which shall be brought or commenced against any Justice Action against Justices. or Justices of the Peace, Constable, Peace Officer, or other person or under this Act, to be persons, for any thing done or acted in pursuance of this Act, shall be months: commenced within six calendar months next after the fact committed, and not afterwards; and that the venue in every such action or suit shall be laid in the proper District where the fact was committed, and not elsewhere; and the Defendant or Defendants in every such action or suit, may plead the general issue, and give this Act and the special matter in evidence, in any trial to be had thereupon; and if such action shall be brought or commenced after the time limited for bringing the same, or the venue shall be laid in any other place than as aforesaid, then the Jury shall find a verdict for the Defendant or Defendants; and in such case, or if the Plaintiff or Plaintiffs shall become non-suit, or discontinue his, Justices, &c. her or their action, after appearance, or if the Jury find a verdict for the Defendant or Defendants upon the merits, or if upon demurrer judgment shall be given against the Plaintiff or Plaintiffs, the Defendant or Defendants shall have double costs, which he or they shall and may recover in such and the same manner as any Defendant can by law in other cases.

Other protection to

Governor may declare by

Act is no longer in force and again to declare the

IX. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the Governor, Lieutenant Governor, or Person Proclamation, that this Administering the Government of this Province, by and with the advice in any particular District, of the Executive Council, by Proclamation, to declare that this Act shall same in force. be no longer in force in any particular District therein specified; and from and after the period specified in any such Proclamation, the powers of this Act shall no longer be in force in such District: Provided always, that nothing herein contained shall prevent, or be construed to prevent, the Governor, Lieutenant Governor, or Person Administering the Government of this Province, upon such advice as aforesaid, declaring, by Proclamation, any such District to be again within the powers of this Act.

offences committed against in six months.

X. Provided always, and be it further enacted by the authority afore- All prosecutions for said, That no person shall be prosecuted for any offence done or commit- this Act, to be commenced ted contrary to the provisions of this Act, unless such prosecution be commenced within six calendar months after the offence committed.

XI. And be it further enacted by the authority aforesaid, That the 4th, 5th and 6th clauses, to fourth, fifth and sixth Clauses of this Act, shall continue in force during

continue in force to the end of the first Session of next Parliament.

Act may be altered or

amended during present Session.

Preamble.

the present Parliament, and to the end of the first Session of the next Parliament, and no longer.

XII. Provided also, and be it further enacted by the authority aforesaid, That this Act may be repealed in the whole or any part thereof, or in any manner altered and amended during the present Session of Parliament.

CHAP. XII.

AN ACT for indemnifying persons who since the Second of December, one thousand eight hundred and thirty-seven, have acted in Apprehending, Imprisoning, or Detaining in Custody, persons suspected of High Treason, or Treasonable Practices, and in the Suppression of Unlawful Assemblies, and for other purposes therein mentioned.

[Passed 6th March, 1838.]

WHEREAS a late armed insurrection of certain Subjects of Her Majesty, in this Province, with intent to subvert the Government, and to plunder and destroy the property of the loyal Inhabitants, has been happily subdued, but not until the insurgents had committed acts of murder, robbery and arson, and had occasioned much alarm for the peace and security of the Province: And whereas immediately before and during the said insurrection, and in consequence thereof, it became necessary for Justices of the Peace, Officers of the Militia, and others persons in authority in this Province, and for divers loyal Subjects of Her Majesty, to take all possible measures for apprehending, securing, detaining, and bringing to justice, persons charged or suspected of joining in the said insurrection, or of aiding and abetting the same, or of other Treasonable Practices dangerous to the peace of this Province, and the security of its Government, and also for the purpose of defeating and putting down the said insurrection, and for maintaining the peace of this Province, and securing the lives aad properties of the inhabitants thereof: And whereas some of such acts may not have been strictly legal and formal, but it is nevertheless just and necessary that the persons doing or advising the same should be kept harmless, and indemnified against actions at law, or other proceedings with which they might otherwise be harrassed: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, entitled,

fore brought, or hereafter

judgments & proceedings

ber, 1837, in apprehending, imprisoning, &c. persons

relating to recent insur

and parties indemnified.

"An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's reign, entitled, 'An Act for making more effectual provision for the Government of the Province of Quebec, in North America, and to make further provision for the Government of the said Province," and by the authority of the same, That all personal actions, suits, indict- All prosecutions hereto ments and prosecutions, heretofore brought, commenced, preferred or to be brought, and all exhibited, or now depending, or to be hereafter brought, commenced, for or on account of any preferred or exhibited, and all judgments thereupon obtained, if any such act done since 24 Decem there be or shall be, and all proceedings whatsoever against any person charged with High Treaor persons, for or on account of any act, matter or thing, by him or them son, or for other acts done or commanded, ordered or directed, or advised to be done, since rection, to be made void the second day of December, in the year of our Lord one thousand eight hundred and thirty-seven, for apprehending, committing, imprisoning, detaining in custody, or discharging any person or persons who hath or have been imprisoned or detained in custody for High Treason, or suspicion of High Treason, or Treasonable Practices, or for apprehending, committing, imprisoning, or detaining in custody, any person or persons who hath or have been imprisoned or detained in custody, for having been so tumultuously, unlawfully and traitorously, assembled in Arms as aforesaid, or for dispersing by force of Arms any persons so assembled as aforesaid, or for suppressing the said traitorous Insurrection, and discovering and guarding against any other the treasonable proceedings aforesaid, or for the discovering and bringing to Justice the persons concerned therein, or for maintaining the public peace and the security of Her Majesty's Subjects in their persons and property, or for supporting the Government and Constitution of this Province against the treasonable practices and proceedings aforesaid, shall be discharged and made void, and that every person by whom any such act, matter or thing, shall have been done, or commanded, ordered, directed or advised to be done, shall be freed, acquitted, discharged and indemnified, as well against the Queen's Majesty, Her Heirs and Successors, as against all and every other person and persons.

Parties sued, may plead

Act in evidenco:

II. And be it further enacted by the authority aforesaid, 'That if any action or suit shall be brought, commenced or had, in any superior Court general issue, and give in this Province, against any person or persons for and on account of any such act, matter or thing as aforesaid, he and they may plead the general issue, and give this Act and the special matter in evidence; and if the Plaintiff or Plaintiffs shall become non-suit, or forbear further posecution,

or suffer discontinuance in any such action or suit, or if a verdict shall And entitled to double pass against the Plaintiff or Plaintifis therein, the Defendant or Defen-, &. dants therein shall be entitled to double costs, for which he or they shall

apply to Court in which

Court be not sitting, then

such Court:

have the like remedy as in other cases in which costs by law are given to Defendants.

III. And be it further enacted by the authority aforesaid, 'That if any Persons prosecuted, may action, suit, indictment, information, prosecution or proceeding, shall be prosecution commenced, brought, commenced, preferred, exhibited or had in any Court, against to any Judge or Justice of any person or persons, for or on account of any such act, matter or thing, as aforesaid, it shall be lawful for the Defendant or Defendants in any such action, suit, indictment, information, prosecution or proceeding, or for any of them, to apply by motion, petition or otherwise, in a summary way, to the Court in which the same hath been or shall be brought, commenced, preferred, exhibited or had, or shall be depending, if such Court shall be sitting, and if not sitting, then to any one of the Judges or Justices of such Court, to stay all farther proceedings in such action, suit, indictment, information, prosecution or proceeding; and such Court, and any Judge or Justice thereof when the said Court shall not be sitting, is hereby authorised and required to examine the matter of such application, and upon proof by the oath or affidavit of the person or persons making such application, or any of them, or other proof to the satisfaction of such Court, Judge or Justice, that such action, suit, indictment, information, prosecution or proceeding, is brought, commenced, preferred, exhibited or had, for or on account of any such act, matter or thing, as aforesaid, to make an order for staying execution and all other proceedings in such action, suit, indictment, information, prosecution or proceeding, in whatAnd to order double costs ever state the same shall or may then be; and the Court, or the Judge or Justice making such order for stay of proceedings in any action or suit as aforesaid, shall also order unto the Defendant or Defendants, and he or they shall have or be entitled to double costs for all such proceedings as shall be had or carried on in any such action or suit, after the passing of this Act, and for which costs he and they shall have the like remedy as in cases where costs are by Law given to Defendants: Provided always, Prosecutor authorised to that it shall be lawful for any person or persons being a party or parties. charge order of Judge or to any such action, suit, indictment, information, prosecution or other proceedings-application for ceeding, to apply by motion, petition or otherwise, in a summary way, to within first four days of the Court in which the same shall have been brought, commenced, prewhich application is made. ferred, exhibited or had, or shall be depending, to vacate, discharge or set aside, any order made by any Judge or Justice of that Court for staying proceedings, or for payment of costs as aforesaid, so as such application be made within the first four days of the Term next ensuing the making of any such order by any Judge or Justice as aforesaid, and such Court is required to examine the matter of such application, and to make such order therein, as if the application had been originally made to the said Court: But nevertheless, in the mean time, and until such application

to be paid defendant:

apply to Court to dis

Justice for stay of pro

such order to be made

next Term of the Court to