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1 ARTICLE 83.

ROUTS.

[A rout is an unlawful assembly which has made a motion towards the execution of the common purpose of the persons assembled.]

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Every one who is guilty of a rout is liable to three years' imprisonment.

4 ARTICLE 84.

RIOTS.

5 [A riot is an unlawful assembly which has actually begun to execute the purpose for which it assembled, by a breach of the peace, and to the terror of the public; or 6 A lawful assembly may become a riot if the persons assembled form and proceed to execute an unlawful purpose to the terror of the people, although they had not that purpose when they assembled.]

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Every one who is guilty of a riot is liable to four years' imprisonment.

Illustration.

[A, B, and C meet at A's house for the purpose of beating D, who lives a mile off. They then go together to D and there beat him. At A's house the meeting is an unlawful assembly, on the road it is a rout, and when the attack is made upon D it is a riot.]

1 S. D. Art. 71.

2 [See note to Art. 82. Draft Code, ss. 85-87.1

3 R. S. C. c. 147, s. 12.

+ S. D. Art. 72.

5 See note to Art. 82; R v. Kelly, 6 U. C. C. P 372. A, one of a procession attacked by rioters, fires a pistol first in the air and then at the rioters. A is not guilty of riot. R. v. Corcoran, 26 U. C. C. P. 134.

[Founded on the language of Holt, C.J., in R. v. Soley, 11 Modern, 116.]

7 R. S. C. 147 s. 13.

1 ARTICLE 85.

PREVENTING READING PROCLAMATION AND CONTINUING TO RIOT AFTER PROCLAMATION.

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2 Every sheriff, deputy sheriff, mayor or other head officer, and justice of the peace, of any county, city or town, who has notice that there are within his jurisdiction persons to the number of twelve or more unlawfully, riotously and tumultuously assembled together to the disturbance of the public peace, shall resort to the place where such unlawful, riotous and tumultuous assembly is, and among the rioters, or as near to them as he can safely come, with a loud voice command or cause to be commanded silence, and, after that, openly and with loud voice, make or cause to be made a proclamation in these words, or to the like effect :

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Our Sovereign Lady the Queen charges and com"mands all persons being assembled immediately to disperse and peaceably depart to their habitations or to "their lawful business, upon the pain of being guilty of an offence, on conviction of which they may be sentenced "to imprisonment for life.

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"GOD SAVE THE QUEEN."

All persons are guilty of felony and liable to imprisonment for life who,

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(u.) with force and arms wilfully oppose, hinder or hurt any person who begins or is about to make the said proclamation, whereby such proclamation is not made;

or

(b.) continue together to the number of twelve, for one hour after such proclamation has been made, or if they

1S. D. Art. 73.

2 R. S. C. c. 147, ss. 1,2; 1 Geo. 1, st. 2, c. 5, ss. 1, 2, 5, 8; Draft Code, ss. 88, 89.

3 [Actual riot is not necessary. R. v. James, 5 C. & P. 153.

4 The omission of "God save the Queen" defeats the effect of the proclamation; R. v. Child, 4 C. & P. 442].

3 The time within which a prosecution may be commenced is limited to twelve months.

know that its making was hindered as aforesaid, continue together and do not disperse themselves within one hour after such hindrance.

1 ARTICLE 86.

RIOTOUS DEMOLITION OF HOUSES, ETC.

2 All persons are guilty of felony, and are liable to imprisonment for life, who being riotuously and tumultuously assembled together to the disturbance of the public peace, unlawfully and with force demolish, or pull down, or destroy, any building, machinery, or mining plant, as defined in the note hereto, or begin to do so.

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4 ARTICLE 87.

RIOTOUS DAMAGE OF HOUSES, ETC.

5 All persons are guilty of a misdemeanor, and liable to seven years' imprisonment, who being so assembled as aforesaid unlawfully and with force injure or damage any of the things aforesaid.

1 S. D. Art. 74.

2 R. S. C. c. 147, s. 9; [24 & 25 Vict. c. 97, s. 11 (redrawn); Draft Code, s. 90]. R. v. Elston, 5 All. 2 was decided under the repealed statute R. S. N. B. c. 147, s. 1 which did not make the riotous assembly a necessary ingredient of the offence.

3"Building' means any church, chapel, meeting-house, or other place of divine worship, house, stable, coach-house, out-house, warehouse, office, shop, mill, malthouse, hop-oast, barn, granary, shed, hovel, fold, and any building or erection used in farming land, or in carrying on any trade or manufacture, or any branch thereof, and also any building other than those above mentioned, belonging to the Queen, or to any county, municipality, riding, city, town, village, parish or place, university, college, or hall of any university, or to any corporation, unincorporated body, society or persons associated for lawful purposes, or devoted or dedicated to public use or ornament, or erected or maintained by public subscription or contribution.

"Machinery" means any machinery, whether fixed or movable, prepared for, or employed in, any manufacture, or in any branch thereof.

"Mining plant" means any steam-engine, or other engine for sinking, working, ventilating, or draining any mine, or any staith, building, or erection used in conducting the business of any mine, or any bridge, waggon-way, or track for conveying minerals from any mine.

* S. DA. rt. 75.

R. S. C. c. 147, s. 10; [24 & 25 Vict. c. 97, s. 12 (redrawn); Draft Code, s. 91].

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ARTICLE 88.

INCITING INDIANS TO RIOTOUS ACTS.

Every one is guilty of a misdemeanor and liable to two years' imprisonment who induces, incites or stirs up any three or more Indians, non-treaty Indians, or halfbreeds apparently acting in concert,

(a.) to make any request or demand of any agent or servant of the Government in a riotous, routous, disorderly or threatening manner, or in a manner calculated to cause a breach of the peace; or

(b.) to do any act calculated to cause a breach of the peace.

2 ARTICLE 89.

3 FORCIBLE ENTRY AND DETAINER.

[Every one commits the misdemeanor called a forcible entry who, in order to take possession thereof, enters upon any lands or tenements in a violent manner, whether such violence consists in actual force applied to any other person or in threats, or in breaking open any house, or in collecting together an unusual number of persons for the purpose of making such entry.

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It is immaterial' whether the person making such an entry had or had not a right to enter, provided that a person who enters upon land or tenements of his own, but which are in the custody of his servant or bailiff, does not commit the offence of forcible entry.

1 R. S. C. c. 43, s. 111.

2 S. D. Art. 79.

39 [1 Russ. Cr. 404-417; 1 Hawk. P. C. 495-512. There are many statutes in force on the subject, viz. 5 Ric. 2, st. 1, c. 7 (8 in common editions); 15 Ric. 2, c. 2; 8 Hen. 6, c. 9; 31. Eliz. c. 11; 21 Ja. 1, c. 15. These statutes give no definition of the offence, but provide a mode of procedure for giving possession to the party forcibly dispossessed. It is curious to compare these provisions with the Indian Code of Criminal Procedure, Act X, of 1872, c. 40. See on forcible entry, Lows v. Telford, L. R. 1 App. Cas. 414. Draft Code, s. 95.] R. v. Martin, 10 L. C. R. 435; Bertram v. Bonham, 3 R. & C. 600.

4 R. v. Smith, 43 U. C. Q. B. 369.

R. v. Cokely, 13 U. C. Q. B. 521.

Every one commits the misdemeanor called a forcible detainer who, having wrongfully entered upon any lands or tenements, detains such lands and tenements in a manner which would render an entry upon them for the purpose of taking possession forcible].

ARTICLE 90

UNLAWFUL DRILLING.

2 All meetings and assemblies of persons for the purpose of training or drilling themselves, or of being trained or drilled to the use of arms, or for the purpose of practising military exercises, movements or evolutions, without lawful authority for so doing, are unlawful and prohibited.

Every one is guilty of a misdemeanor and liable to two years' imprisonment who,

(a.) is present at or attends any such meeting or assembly for the purpose of training any other person or persons to the use of arms or to the practice of military exercises, movements or evolutions; or

(b.) without lawful authority for so doing, trains or drills any other person or persons to the use of arms, or to the practice of military exercises, movements or evolutions; or

(c.) aids or assists therein; or

(d.) attends or is present at any such meeting or assembly, for the purpose of being trained or drilled to the use of arms or to the practice of military exercises, movements or evolutions; or

(e.) at any such meeting is so trained or drilled.

1 S. D. Art. 82.

2 R. S C. c. 147, ss. 4, 5, 6; 6) Geo. 3, and 1 Geo. 4, c. 1, s. 1. The time within which a prosecution may be commenced is limited to six months; (s. 8).

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