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REVISED STATUTES—TITLE XXXIX, CHAPTER 147.
OF OFFENCES AGAINST THE PUBLIC PEACE. Section.
Section. 6 Unlawful Assembly.
9 Affray. 7 Rout.
10 Carrying dangerous weapons, &c. 8 Riot.
6. Three or more persons having assembled, and continuing together, with intent illegally to execute any common purpose with force and violence, or in a manner calculated to create terror and alarm amongst Her Majesty's subjects, shall be guilty of an unlawful assembly, and each of them shall be imprisoned for a term not exceeding two years.
7. Three or more persons having assembled, who shall continue together with intent illegally to execute any common purpose with force and violence, or in any manner calculated to create terror and alarm amongst Her Majesty's subjects, and who shall endeavor to execute such purpose, shall, although such purpose was not executed, be guilty of a rout, and be imprisoned for any term not exceeding three years.
8. Three or more persons having assembled, who shall continue together with intent illegally to execute any com mon purpose with force and violence, and who shall wholly or in part execute such purpose in a manner calculated to create terror and alarm amongst Her Majesty's subjects, shall be guilty of a riot, and be imprisoned for any term not exceeding four years.*
9. Two or more persons who shall fight together in a public place, in a manner calculated to create terror and alarm amongst Her Majesty's subjects, shall be guilty of an affray, and each of them be imprisoned for any term not exceeding two years.
10. Two or more persons who shall openly carry any dangerous or unusual weapons in any public place, in a manner calculated to create terror and alarm amongst Her Majesty's subjects, shall be guilty of a misdemeanor,and be imprisoned for any term not exceeding one year.t
*See Acts of Canada, 31st Victoria, Chapcer 70, and 32nd and 33rd Victoria, Chapter 22, ss. 15 and 16.
See Acts of Canada, 32nd and 33rd Victoria, Chapter 20, ss. 72 and 73, and 40th Victoria, Chapter 30.
REVISED STATUTES-TITLE XXXIX, CHAPTER 153.
Section 16.— Leaving Poison in any Streets. 16. Whoever shall maliciously leave poison on any public street, high way, or property, shall be guilty of a misdemeanor, and on conviction shall pay a fine of ten pounds, one half to the prosecutor, the other to the Overseers of Poor for the Parish where the offence is committed.
REVISED STATUTES—TITLE XL, CHAPTER 156.
OF PROCEEDINGS BEFORE INDICTMENT. Section.
Section. 17 Clerk of the Peace, his duty in 20 Persons suspected of keeping case of felony, &c.
bawdy houses. 18 When Judge may issue warrant. 22 Transmission of Proceedings.
17. The Clerk of the Peace in every County shall advise and assist any Justice of the County when required by him, in any proceeding had before him in regard to any person charged with or suspected of felony or misdemeanor, and shall attend any examination before such Justice, if the same take place within forty five miles from the Court House of the County, for which he shall be paid a reasonable compensation out of the funds of the County, by order of the Justices in Sessions.
18. When it shall be made to appear to a Judge of the Supreme Court, by affidavit or certificate,that an information has been filed, or indictment found in th- said Court, or any Court of Oyer and Terminer, for any offence not being treason or felony, the Judge may issue his warrant (S).
20. Upon the complaint on oath before a Justice of any two inhabitants being householders of any City, Town, or Parish, of any person keeping a bawly, gaming or disorderly house in any such place, the Justice shall issue his warrant to bring such person before him, and shall bind him over with two sufficient sureties to appear before the next Sessions or Court of Oyer and Terminer for the County where the offence is charged, to answer to such bill of indictment as may be found against him, and in the mean time for his good behaviour. If the accused cannot find bail, the Justice shall commit him, and shall take the examination in the ordinary manner, and the Justice shall, before he issues the warrant of commitment, require the complainants to enter into recognizance in the penal sum of twenty pounds each, to give or produce evidènce against such person before the Grand Jury, and on his trial
22. All examinations, inquisitions, and recognizances, taken by any Justice or Coroner,shall immediately thereafter be transmitted to the Clerk of the Crown on the Circuit. *
* See Acts of Canada, 32nd and 33r3 Victoria, Chapter 36, s. 6.
(Labourer) and bring him before me, or some other Judge of the Supreme Court, or any Justice, to enter into recognizance to the Queen, with two sufficient sureties, to answer to all indictments and informations for a certain offence (as in the order of the Judge for the sum of (as in the order] and in default of giving such recognizance, commit the said
to the common gaol, there to remain, unless such recognizance shall be entered into as aforesaid.—Given under my hand the day of , in the year of our Lord
R. P., J. S. C.
. But see Acts of Canada, 32nd & 33rd Victoria, Chapter 36, Schedule B.
REVISED STATUTES—TITLE XL, CHAPTER 157.
OF RECOGNIZANCE IN CRIMINAL CASES. Section.
Section. 1 Order of render, how and by 4 Sureties how discharged. whom made.
5 When sureties may render the 2 Powers of sureties.
person into Court. 3 How persons rendered, again ad- 6 Arraignment and conviction, mitted to bail.
effect of on recognizance. 1. The sureties of any person charged with felony or a misdemeanor, may obtain from a Judge of the Supreme Court, upon affidavit shewing the grounds therefor, with a certified copy of the recognizance, an order in writing under his hand, to render such person to the common gaol of the County where the offence is to be tried.
2. The sureties under such order may arrest such person, and deliver him, with the order, to the gaoler named therein who shall receive and imprison him in the said gaol,and shall be charged with the keeping of such person until he be discharged by due course of law.
3. The party rendered may apply to a Judge of the Supreme Court to be again admitted to bail, who may on examination allow or refuse the same, and make such order as to the number of the sureties, and the amount of recognizance, as he may deem meet, which order shall be dealt with the same as the first order for bail, and so on as often as the case may require.
4. On due proof of such render, and a certificate of the Sheriff, proved by the affidavit of a subscribing witness, that such person has been so rendered, a Judge of the Supreme Court shall order an entry of such render to be made on the recognizance by the officer in charge thereof, which shall vacate the recognizance, or may be pleaded or alleged in discharge thereof.
5. The sureties may bring the person charged as aforesaid into the Court at which he is bound to appear, during the sitting thereof, and then by leave of the Court rander him in discharge of such recognizance at any time before trial, and such person shall be committed to gaol, there to remain until discharged by due course of law, but such Court may admit such person to bail for his appearance at any time they may deem meet.
6. The arraignment or conviction of any person charged and bound as aforesaid, shall not discharge the recogni. zance, but the same shall be effectual for his appearance for trial or sentence, as the case may be ; the Court may commit such person to gaol upon his arraignment or trial, or may require new or additional sureties for his appearance for trial or sentence, as the case may be, notwithstanding such recognizance; and when duly committed, it shall be a discharge of the sureties.
See Acts of Canada, 32nd and 33rd Victoria; Chapter 36 s. 8.
REVISED STATUTES—TITLE XL, CHAPTER 158.
OF PROCEEDINGS ON INDICTMENT. Section.
Section. 3 Incest or adultery, how dealt with. 23 Lotteries, how dealt with.
3. Every crime of felony, incest or adultery shall be dealt with in the Courts of Oyer and Terminer or General Gaol Delivery, except where power may be specially given by law to any other Court to try and determine the same.
23. All lotteries which by law are common and public nuisances, may be dealt with in any Court of Oyer and Terminer. * * *
REVISED STATU NES—TITLE XL, CAAPTER 159.
OF TRIAL Section.
Section. 22 Judge may reserve questions. 26 Larceny, when bail allowed in. 23 Statement of the case by him. 27 Common assaults, trial and in24 Court, how to act.
cidents. 22. When any person shall have been convicted of any offence before any Assizes, the Judge presiding at such Court mayreserve anyquestion oflaw which may havearisen during the trial for the consideration of the Supreme Court, and shall have authority to respite execution of the judgment,or postpone judgment, until the said Supreme Court shall decide such question ; in either case the said Judge shall either commit the offunder to gaol,or admit him to bail, with two good sureties for such sum as he may think fit, conditioned to appear at a time certain to receive judgment, or render himself into custody.
23. The said Judge shall, in a case to be signed by him state the question of law reserved, with the special circum. stances, and transmit the same to the Supreme Court, which shall hear and finally determine such questions, and reverse, affirm, or amend any judgment given, or aroid such judg. ment, and order entry thereof to be made on the record, or arrest the judgment, or order judgment to be given thereon at some other Assize, or make such other order as justice may require; such judgment and order to be certified by the Chief Justice or presiding Judge to the Clerk of the Crown