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conviction, to a penalty not exceeding one hundred dollars and not less than forty dollars.

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ARTICLE 113.

SALE, ETC., 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:

The provisions of this article 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.

Every one who, by himself, his clerk, servant, agent or other person, violates any of the foregoing provisions, is liable, on a 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, 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.

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 such provi

1R. S. C. c. 151, ss. 1, 13, 14, 15, 21. As to the meaning of the word "Act," see note (3) to Art. 112.

The expression "intoxicating liquori means and includes any alcoholic, spirituous, vinous, fermented or other intoxicating liquor, or any mixed liquor, a part of which is spirituous or vinous, fermented or otherwise intoxicating.

sions, 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.

ARTICLE 114.

INTOXICATING LIQUORS ON BOARD HER MAJESTY'S SHIPS.

1 Every one who, without the previous consent of the officer commanding the ship or vessel,

(a.) conveys any spirituous or fermented liquor on board any of Her Majesty's ships or vessels;

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

(c.) gives or sells to any man in Her Majesty's service, on board any such ship or vessel, any spirituous or fermented liquor;

Is guilty of a misdemeanor 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.

150 & 51 Vict. (D.) c. 46, s. 1; 16 & 17 Vict. c. 69, s. 12. The object aimed at in the Act from which this Article is taken is the maintenance of discipline on board Her Majesty's ships, and in R. S. C. c. 151, the preservation of the peace in the vicinity of public works. Of a similar character are the prohibitions of the sale of spirituous liquors within the polling district on the day on which any poll is holden for any election of a member of the House of Commons (R. S. C. c. 8, s. 83) or under The Canada Temperance Act (R. S. C. c. 106, s. 74). By the 293rd section of The Railway Act (51 Vict. (D.) c. 29), the sale or gift of any intoxicating liquor to any servant of any railway company while on duty is made an offence punishable on summary conviction by a fine of fifty do'lars, or one month's imprisonment with or without hard labor, or by both fine and imprisonment.

There are various other prohibitions of the sale of liquors, the primary object of which is rather to lessen drunkenness than to prevent such breaches of the peace, or danger to life or property, as at times result therefrom. See R. S. C. c. 43, ss. 94-105; 50 & 51 Vict. (D.) c. 33, s. 10; 51 Vict. (D.) c. 22, s. 4, and R. S. B. C. c. 85, ss. 10, 11 as to the sale of intoxicating liquors to Indians; R. S. C. c. 50, ss. 92-100, and 51 Viet. (D.) c. 19, s. 18, as to such sales in the Territories; and R. S. C. c. 53. ss. 35-43, in Keewatin. See also The Temperance Act, 1861 (27 & 28 Vict. (P. C.). c. 18, and The Canada Temperance Act (R. S. C. c. 106, s. 99 et seq.

CHAPTER IX.

OFFENCES AGAINST INTERNAL TRANQUILLITY BY
UNLAWFUL ENGAGEMENTS AND COMBINATIONS
AND CONFEDERACIES.

1 ARTICLE 115.

UNLAWFUL OATHS.

2 EVERY one is guilty of felony who in Quebec or (probably) in British Columbia, Manitoba or the North-West Territories,

(a.) Administers or cause to be administered, or is aiding or present at and consenting to the administering of, any oath, engagement, or obligation in the nature of an oath, purporting or intending to bind the person taking the same,

(i) to commit treason or murder or any felony punishable with death;

(ii) to engage in any seditious, rebellious or treasonable

purpose;

(iii.) to disturb the public peace;

(iv.) to be of any association, society, or confederacy formed for any such purpose;

(v.) to obey the orders or commands of any committee or body of men not lawfully constituted, or of any leader or commander, or other person not having authority by law for that purpose;

(vi.) not to inform or give evidence against any associate, confederate, or other person;

(vii.) not to reveal or discover any illegal act done or to

IS. D. Arts. 83, 81.

2 C. S. L. C. c. 10, ss. 1, 3, 5; [52 Geo. 3, c. 104, ss. 1, 6. See 2 Hist. Cr. Law, 294-7, and Draft Code, s. 92.]

be done; or any illegal oath or engagement administered or tendered to, or taken by any person, or the import of any such oath or engagement; or

(b.) Takes any such oath or engagement, not being compelled thereto.

The offender is liable to imprisonment for life' if the offence is committed in British Columbia, Manitoba or the North-West Territories, and to twenty-one years' imprisonment if in Quebec he commits any offence mentioned in clause (a.), and to seven years' imprisonment if he commits the offence mentioned in clause (b.)

2 ARTICLE 116.

COMPULSION, HOW FAR A DEFENCE.

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3 No person who takes any oath or engagement referred to in Article 115, under compulsion, shall be justified or excused thereby, unless within the time mentioned in the note hereto if not prevented by actual force or sickness, and then within the time mentioned in the note hereto, after the cessation of the hindrance produced by such force or sickness, he declares the same, and the whole of what he knows touching the same, and the persons by whom, and in whose presence, and when or where such oath or engagement was administered or taken, by information on oath before one of Her Majesty's justices of the peace.

5 ARTICLE 117.

UNLAWFUL SOCIETIES.

6 In Quebec every society or association is an unlawful combination or confederacy,

1 Art. 17.

2 S. D. Art. 85.

3 C. S. L. C. c. 10, s. 2; [52 Geo. 3, c. 104, s. 2; 37 Geo. 3, c. 123, s. 2; Draft Code, e. 23.] In Quebec, eight days in all cases. In British Columbia, Manitoba, and the NorthWest Territories, fourteen days in the case referred to in (a.) (i.), and four days in the other cases (a.) (ii.) (iii.), (iv.), (v.), (vi.), (vii.)

5 S. D. Art. 86.

C. S. L. C. c. 10, s. 6; 39 Geo. 3, c. 79, s. 2; 57 Geo. 3, c. 19, ss. 21-25.

(a.) If its members, according to the rules thereof, or to any provision or agreement for that purpose,

(i.) are required to keep secret the acts or proceedings thereof, or

(ii) are admitted to take any unlawful oath or engagement within the meaning of Article 115; or any oath or engagement not required or authorized by law; or

(b.) If its 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; or

(c.) If its members or any of them take, subscribe or assent to any engagement of secrecy, test or declaration not required by law; or

[(d.) If the names of the members, or any of them, are kept secret from the society at large; or

(e.) If there is any committee or select 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; or

(f) If there is 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; or

(g.) If the names of all the members, and of all committees or select bodies of members, and of all presidents, treasurers, secretaries, delegates, and other officers, are not entered in a book or books to be kept for that purpose, and to be open to the inspection of all the members of such society; or

(h.) If the society 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.

I The word "secret," instead of "select," occurs in one place in C. S. L. C. c. 10, s. 6.

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