Lieut-Gover

to be in force

FOR

OR the preservation of the peace and for the protection of the lives, persons and property of Her Majesty's subjects, in the neighbourhood of Public Works on which large bodies of labourers are congregated and employed: Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. In this Act, the term "weapon" shall include every species of weapon, arms or ammunition enumerated in section 3 of this Act. R. S. O. 1877, c. 31, s. 1.

2.-(1) The Lieutenant-Governor in Council may, as often as nor in Council occasion requires, declare by proclamation the several places in may by proclamation de- this Province within the limits whereof a canal or other clare this Act Public Dominion or Provincial work, or a canal, railway or in any locality other work undertaken or carried on by an incorporated Comin which Pub- pany is in process of construction, or such places as are in the being carried vicinity of such canal, railway or other work as aforesaid, within which he deems it necessary that this Act should be in force and this Act shall, upon and after the day to be named in the proclamation, take effect within the places designated in the proclamation.

lic Works are

on.

And may, in like manner, declare this

(2) The Lieutenant-Governor in Council may, in like manner, from time to time, declare this Act to be no longer in force in such place; but this shall not prevent the Lieutenantlonger in force. Governor in Council from again declaring the same to be in force in such place.

Act to be no

(3) No such proclamation shall have effect within the limits of a city. R. S. O. 1877, c. 31, s. 2.

hibited.

3. Upon and after the day to be fixed in the proclamation, Possession of no person employed in or upon a canal, railway or other weapons prowork as aforesaid, within the limits specified in the proclamation, shall keep or have in his possession or under his care or control, within such limits, any gun, blunderbuss, pistol or other fire-arm, or any stock, lock, barrel or any other part of a gun, blunderbuss, pistol or other fire-arm, cr any bullets, sword, sword-blade, bayonet, pike, pike-head, spear, spearhead, dirk, dagger or other instrument intended for cutting or stabbing, or other arms, ammunition or weapon of war, under a penalty of not less than $2 nor more than $4 for every such weapon found in his possession. R. S. O. 1877, c. 31, s. 3.

Justice.

4. Within the time appointed as aforesaid in the proclama- Weapons to be tion, every person employed in or upon the canal, railway or delivered to a other work to which the same relates, shall bring and deliver up to some Justice of the Peace or Commissioner to be appointed by the Lieutenant-Governor for the purposes of this Act every such weapon in his possession, and shall obtain from the Justice of the Peace or Commissioner a receipt for the same. R. S. O. 1877, c. 31, s. 4.

returned.

5. When this Act ceases to be in force within the place weapons to be where any weapon has been delivered and detained in pursuance thereof, or when the owner or person lawfully entitled to such weapon satisfies the Justice or Commissioner that he is about to remove immediately from the limits within which this Act is at the time in force, the Justice or Commissioner may deliver up to the owner or person authorized to receive the same, such weapon, on production of the receipt so given for it. R. S. O. 1877, c. 31, s. 5.

6. Every such weapon found in the possession of a person Weapons unemployed as aforesaid after the day named in the proclama- lawfully kept tion as that on or before which such weapon ought to be deli- and shall be may be seized vered up, and within the limits or locality set forth in the pro- forfeited. clamation bringing this Act into force, shall be liable to be seized; and being seized by any Justice, Commissioner, Constable or other peace. officer, shall be forfeited to the use of Her Majesty. R. S. Ò. 1877, c. 31. s. 6.

contrary to

Act is in force.

7. If a person, for the purpose of defeating this Act, re- Penalty for ceives or conceals, or aids in receiving or concealing, or procures keeping arms to be received or concealed, within the limits within which this Act in the this Act is at the time in force, any weapon as aforesaid limits in which belonging to or in the custody of a person employed on such canal, railway or other work, he shall forfeit a sum of not less than $40 nor more than $100; one half to belong to the informer and the other half to her Majesty. R. S. O. 1877, c. 31, s. 7.

Search for and

licensed arms.

8.-(1) A Justice of the Peace or Commissioner appointed seizure of un- under this Act, having authority within the place where this Act is at the time in force, upon the oath of a credible witness that he believes that any weapon as aforesaid is in the possession of any person, contrary to the provisions of this Act, or in any house or place, may issue his warrant to a constable or peace officer, to search for and seize the same, and he or any person in his aid may search for and seize the same in the possession of any person, or in such house or place.

Forcible entry

sion be refused

(2) In case admission to such house or place cannot be in case admis obtained after demand, the constable or peace officer, and to the officer. person in his aid, may enter the same by force, by day or by night, and seize such weapon; and unless the party within Weapons, etc., whose possession or in whose house or place the same has been found, within four days next after the seizure, proves to the satisfaction of the Justice or Commissioner that the weapon so have been law- seized was not in his possession or in his house or place contrary to the meaning of this Act, such weapon shall be forfeited to the use of Her Majesty. R. S. O. 1877, c. 31, s. 8.

seized to be forfeited un

less proved to

fully kept.

Commission

ers, etc., to

make monthly returns.

Weapons forfeited to be sold.

9. Every Justice or Commissioner shall make a monthly return to the Secretary of the Province of all weapons delivered to him, and by him detained under this Act. R. S. O. 1877, c. 31, s. 9.

10. Weapons declared forfeited under this Act shall be sold under the direction of the Justice or Commissioner by whom or by whose authority the same were seized, and the Proceeds how proceeds of the sale, after deducting necessary expenses, shall be received by the Justice or Commissioner and paid over by him to the Provincial Treasurer for the use of the Province. R. S. O. 1877, c. 31, s. 10.

applied.

Before whom

penalties im posed by this Act may be

recovered, and

on what evidence.

11. All penalties imposed by this Act may be recovered before any two Justices of the Peace acting for the District or County within which the fact in respect of which such penalty is sought to be recovered, happened or was committed;-and such Justices shall, on complaint on oath of such offence, issue their warrant for bringing the offender before them, and shall, on the offender being brought before them, hear the complaint and adjudge upon the same; and if the offender is convicted on the oath of one witness other than the informer, or by his own confession, the Justices shall impose such penalty. R. S. O. 1877, c. 31, s. 11.

[As to protection of persons acting under this Act see "The Act to Protect Justices of the Peace and Others from Vexatious Actions."]

MOUNTED POLICE FORCE.

12. For the better carrying this Act into effect, the Lieuten- A Mounted ant-Governor in Council may cause a body of men not exceed- Police Force ing one hundred, inclusive of officers, and to be called "The and employed may be raised Mounted Police Force," to be raised, mounted, armed and for better carequipped, and to be placed under the command of such officers Fying this Act as the Lieutenant-Governor in Council deems necessary, and may cause such Police Force, or any portion thereof, to be employed in any place in which this Act is then in force, under such Orders and Regulations as the Lieutenant-Governor in Council shall from time to time issue. R. S. O. 1877, c. 31, s. 13.

Peace for cer

13. The Lieutenant-Governor may appoint the chief officers Officers of Poand such of the subordinate officers of the Mounted Police lice Force and others may be Force, and such other persons as he deems necessary, to be appointed Jusrespectively Justices of the Peace for the purposes of this Act tices of the within any of the places in which this Act is in force; and tain localities such officers and persons respectively may act as Justices of without a prothe Peace, although they may not have the qualification in by qualifi property required of others. R. S. O. 1877, c. 31, s. 14.

perty

cation.

licemen to be

14. The men in the Mounted Police Force are hereby con- Mounted Postituted respectively constables and peace officers for the pur-contables poses of this Act, for the District or County in which they are and Peace employed for the time being. R. S. O. 1877, c. 31, s. 15.

EXPENSES.

Officers.

Act into effect

Provincial

15. The expenses of carrying this Act into effect upon or Expenses of near Provincial Public Works shall be paid through the Com- carrying this missioner of Public Works out of the moneys appropriated for how defrayed, the work on which expenses are incurred, and shall be in the case of charged as part of the cost of the work; and the sum to be Works. so charged against each work shall be proportionate to the number of policemen employed on the work and the time during which they are so employed; but the sum so expended in any one year shall not exceed $40,000. R. S. O. 1877, c. 31, s. 16.

ed in case of

16. The expenses attending the employment of such How the expolice force in any place in or in the vicinity whereof a penses defrayrailway, canal or work, undertaken and carried on by an works carried incorporated Company as aforesaid, is in progress of construc- on by comtion, shall be, in the first instance, paid by the Lieutenant-panies. Governor out of the Consolidated Revenue Fund, and shall, on demand, be repaid to the Provincial Treasurer by the incorporated Company, or, if not so repaid, may be recovered from the Company as a debt due to the Crown; and when recovered, shall form part of the Consolidated Revenue Fund. R. S. O. 1877, c. 31, s. 17.

CHAPTER 35.

An Act respecting the Sale of Intoxicating Liquors near Public Works.

SALE OF INTOXICATING LIQUORS PRO- | PROCEEDINGS AGAINST KEEPERS OF

Intoxicating liquors not to

be sold within a certain dis tance of any public work in progress of

construction.

No license to be granted in such place.

Lieutenant

Governor may declare any work within

the scope of this Act.

H'

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1.-(1) No person shall barter, sell, exchange or dispose of directly or indirectly, to any other person, alcoholic, spirituous, vinous, fermented or other intoxicating liquor, or mixed liquor a part of which is spirituous, or vinous, fermented or otherwise intoxicating; (and every such liquor or mixed liquor shall be included in the expression "intoxicating liquor," when used in this Act); nor shall expose, keep or have in his possession, for sale, barter or exchange, intoxicating liquor, at any place not included within the limits of a city, incorporated or other town or village, and being within three miles of the line of any railway, canal, or other Public Work in progress of construction, whether the work be constructed by the Government of Canada or of this Province, or by an incorporated Company, or by private enterprise; nor shall any person obtain or receive a license to sell intoxicating liquor at such place as aforesaid, and such license if granted shall be null.

(2) If any doubt at any time arises as to whether a work then in progress does or does not come within the meaning of this section, the Lieutenant-Governor, if he sees fit, may declare by proclamation that such work is within the meaning of this section, and that the prohibition herein contained applies to any place within three miles of the line thereof, which line may be described and defined in the proclamation; and the declaration contained in the proclamation shall have the like force as if contained in this Act, and the prohibition shall apply accordingly.