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Persons remaining a cer

such command

command or notice to disperse, in the words or to the effect set forth in the Schedule to this Act annexed, marked A.

III. And be it enacted, that the persons so met and assembled together, shall tain time after upon such command or notice so given, forthwith disperse and depart; and in case to be guilty of any of such persons so met or assembled together as aforesaid, shall not disperse Misdemeanor, and depart in compliance with such command or notice, it shall be lawful for the and may be Justice or Justices who shall have read such command or notice or caused the proceeded against summa- same to have been read as aforesaid, or any other Justice or Justices of the Peace, rily. to cause the persons so refusing or neglecting to disperse or depart or any of them, to be apprehended by a Warrant for that purpose, to be signed by him or them, and such offender or offenders shall thereupon be proceeded against in a summary way for such offence, either by the Justice who shall have issued such Warrant, who may convict the party so offending, upon his own view of such offence, or before any two Justices of the Peace before whom he or they may be brought, who are hereby authorised to hear and determine the said complaint, and every person being convicted thereof, either on view as aforesaid, or on the oath of one or more credible witness or witnesses, shall be committed to the Common Gaol of the District, County or City in which the offence shall be committed, for the term of one Calendar month, and until the necessary costs of such conviction shall be paid: Provided always that nothing herein contained shall extend or be construed to extend to limit or in any way interfere with the power now vested by law in the Justices of the Peace, or any other peace officer, to call in the aid of a military or other force in any case, in which the same might be lawfully done, had this Act not been passed.

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IV. And be it enacted, that any person who shall be summarily convicted under the last preceding section of this Act, and committed to prison in execution thereupon, for a longer period than twenty four hours, may appeal from and against such conviction to the next Court of General Quarter Sessions of the Peace, which shall be holden not less than twelve days after the day of such conviction for the District, County, City or Place wherein the offence shall be charged to have been committed: Provided always, Firstly, that every such person shall give to the Justice or Justices, who shall have so convicted him, a notice in writing of such appeal and of the cause and matter thereof within three days after such conviction, and seven days at least before such Sessions. And provided always, Secondly, that every such person shall either remain in custody until such appeal shall have been disposed of, or enter into a recognizance with two sufficient sureties before a Justice of the Peace, conditioned personally to appear at the said Sessions, and to try such appeal and to abide the Judgment of the Court thereupon, and to pay such costs as shall by the Court be awarded thereupon, and in

the

the mean time to keep the peace and be of good behaviour towards all Her Majesty's subjects. And provided always, Thirdly, that upon such notice being given and such recognizance entered into, the Justice before whom the same shall be entered into shall liberate such person, if in custody. And provided also, Fourthly, that the Court at such Sessions shall hear and determine the matter of the appeal, and in case of the dismissal of the appeal or the affirmance of the conviction, shall order and adjudge the offender to be punished according to such conviction, and to pay such costs as shall be awarded, and shall, if necessary, issue process for enforcing such judgment.

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Quarter Sessions to em.

panel a Jury

cision.

V. And be it enacted, that whenever an appeal shall be made in any such case, the Court of Quarter Sessions shall have power to empanel a Jury to try the matter on which such decision may have been made, and to administer to such to try such deJury the following oath, that is to say,-" You do solemnly swear Oath to be "that you will well and truly try the matter of the conviction of A.B., before C. taken by the "D., against which the said Å.B., has appealed to this Court, and a true verdict Jury. "give according to the evidence-So help you God." And the Court on the viction to profinding of such Jury shall thereupon give such judgment as the circumstances of nounee judgthe case may require.

ment.

tain Religious

VI. And be it enacted, that nothing in this Act contained, shall apply or extend Act not to to any religious procession of the Clergy or Laity of any Church or other religious extend to cercommunity or persuasion, which shall take place in the course of public worship, Processions. or in the celebration of any religious rite enjoined or ordered by any such Church or other religious community or persuasion, or in compliance with the usage or discipline thereof, and which shall be accompanied by the Clergy or Ministers of such Church or other religious community or persuasion, any thing herein contained to the contrary notwithstanding.

Actions for any thing un

VII. And be it enacted, that every action to be brought against any person for any thing by him done under authority of this Act, shall be brought within twelve der this Act Calendar months next after the cause of such action accrued, and in default within brought thereof the lapse of such twelve Calendar months shall be a good defence to such months. action.

twelve

read at Quar

VIII. And be it enacted, that this Act shall be publicly read aloud at full Act to be length in open Court by the Clerk of the Peace or his Deputy, or other similar ter Sessions officer of the Court, on the first day of every General Quarter Sessions of the Peace, for two years. that shall be held for any District, County, City or Town in this Province, within the two years next after the passing thereof.

SCHEDULE.

Command to

Disperse.

Preamble.

SCHEDULE A.

Command to Disperse.

Our Sovereign Lady the Queen doth strictly charge and command all manner of persons being here assembled, immediately to disperse themselves, and peaceably to depart upon the pains contained in the Act of Parliament of (here insert the year and chapter of this Act,) intituled An Act to restrain Party Processions in certain cases.

CAP. VII.

An Act to provide for the calling and orderly holding of Public Meetings in this Province, and for the better preservation of the public peace thereat.

WH

[9th December, 1843.]

HEREAS it is the undoubted right of Her Majesty's Subjects to meet together in a peaceable and orderly manner, not only when required to do so in compliance with the express direction of law, but at such other times as they may deem it expedient so to meet for the consideration and discussion of matters of public interest, or for making known to their Gracious Sovereign or Her Representative in this Province, or to both or either Houses of Her Imperial or Provincial Parliaments, their views respecting the same, whether such be in approbation or condemnation of the conduct of public affairs: And whereas, from the collisions and breaches of the Peace which have of late unhappily taken place at many of such Meetings, it is expedient to make some Legislative provision for the calling and orderly holding thereof, and the better preservation of the public peace at the same; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is quired by Law, hereby enacted by the authority of the same, that all Public Meetings of the Inhabitants, or of any particular class of the Inhabitants of any District, County, Riding, City, Town, Township, Ward or Parish in this Province, which are or shall be required by law, and summoned or called in the manner hereinafter by the Fourth section of this Act prescribed, shall be and be deemed to be Public Meetings, within the meaning of this Act.

Meetings re

to be within

protection of this Act.

ed by Sheriff

within protec

II. And be it enacted, that all Public Meetings, of the Inhabitants, or of any Meetings callparticular class of the Inhabitants of any District, County, Riding, City, Town, or two Magis Township, Ward or Parish in this Province, called by the High Sheriff of any trates to be such District or County, or by the Mayor or other Chief Municipal Officer of any tion of this such City or Town respectively, in the manner hereinafter by the Fifth section of Act. this Act prescribed, upon the requisition of any twelve or more of the Freeholders, Citizens or Burgesses of such District, County, Riding, Town, Township, Ward or Parish, having a right to vote for Members to serve in the Provincial Parliament, in respect of the property held by them within such District, County, Riding, City, Town, Township, Ward or Parish respectively, and all such Meetings called by any two or more Justices of the Peace, resident in any such District, County, Riding, City, Town, Township, Ward or Parish respectively, upon a like requisition from twelve or more of such Freeholders, Citizens or Burgesses, shall be and be deemed to be Public Meetings, within the meaning of this Act.

III. And be it enacted, that all Public Meetings of the Inhabitants, or of any particular class of the Inhabitants of any District, County, Riding, City, Town, Township, Ward or Parish in this Province, which shall be declared to be Public Meetings within the meaning of this Act, by any two Justices of the Peace resident in such District, County, Riding, City, Town, Township, Ward or Parish, in the manner hereinafter by the Sixth section of this Act prescribed, shall be and be deemed to be Public Meetings, within the meaning of this Act.

IV. And be it enacted, that in every notice or summons for calling together any such Public Meeting, as in the First section of this Act is mentioned, there shall be contained a notice that such Meeting, and all persons attending the same, will be within the protection of this Act, and requiring all persons to take notice thereof and govern themselves accordingly, and which part of such notice or summons may be in the form or to the effect set forth in the Schedule to this Act annexed, marked A.

V. And be it enacted, that the notice to be issued by the High Sheriff of any District or County, or by the Mayor or other Chief Municipal Officer of any City or Town, or by two or more Justices of the Peace, for calling any such Public Meeting, as in the Second section of this Act is mentioned, shall be issued at least three days previous to the day upon which such Meeting shall be appointed to be held, shall set forth the names of the requisitionists, or of a competent number of them, that such Meeting is called in conformity with the provisions of this Act, and that such meeting, and all persons attending the same, will be within the protection of this Act, and that all persons are required to take notice thereof and govern themselves accordingly, and such notice may be in the form or to the effect set forth in the Schedule to this Act annexed, marked B.

Meetings do Magistrates to be within the the Act to be

declared by two

protection of

60.

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Justices declaring meet

VI. And be it enacted, that upon information on oath, before any Justice of the Peace, that any Public Meeting of the Inhabitants, or of any particular class of the Inhabitants of any District, County, Riding, City, Town, Township, Ward or Parish, not being a Public Meeting of the description mentioned in the First section of this Act, or a Public Meeting called in the manner referred to in the Second section of this Act, is appointed to be held at any place within the Jurisdiction of such Justice, and that there is reason to believe that great numbers of persons will be present at such meeting, it shall and may be lawful for any two Justices of the Peace, having jurisdiction within the District, County, City or Town, within which such Meeting is appointed to be held, to give notice of such Meeting, and to declare the same, and all persons attending the same, within the protection of this Act, and requiring all persons to take notice thereof and govern themselves accordingly, and which notice or declaration may be in the form or to the effect set forth in the Schedule to this Act annexed, marked C.

VII. And be it enacted, that it shall be the duty of every Sheriff, Mayor, Justice of the Peace, or other person who shall call any such Public Meeting as those in the Second section of this Act mentioned, to give public notice thereof, as extensively as he reasonably may, by causing to be posted and distributed throughout the District, County, Riding, City, Town, Township, Ward or Parish, for which the same shall be called, a competent number of printed or written copies of the notice calling the same.

VIII. And be it enacted, that it shall be the duty of the Justices of the Peace ings to be with- Who shall declare any Public Meeting, about to be held, to be a Public Meeting in protection of within the protection of this Act, as in the Third Section of this Act mentioned, to Act to give certain notices. give public notice of its having been so declared, by causing to be posted and distributed throughout the District, County, Riding, City, Town, Township, Ward or Parish, for which the same shall have been so called, as many printed or written copies of the notice or declaration issued by them in that behalf, as may be reasonably necessary for that purpose, and as the time appointed for the holding such Meeting shall reasonably admit.

Sheriffs and Justices calling

attend same.

un

IX. And be it enacted, that it shall be the duty of every Sheriff, Mayor, Justice and declaring of the Peace, or other person who shall either call any Public Meeting under the eting Act provisions of the Second Section of this Act, or declare any Meeting called by others, to be a Public Meeting within the protection of this Act, under the provisions of the Third Section of this Act, to attend every such Public Meeting respectively, and whether any such Sheriff, Mayor, Justice of the Peace, or other person shall be appointed by such Public Meeting to take the Chair and preside over the same, or not, it shall be the duty of every such Sheriff, Mayor, Justice of

the

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