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1 ARTICLE 91.

DEFINITIONS.

2 In Articles 92, 93 and 94,

(a.) the expression "Attorney General" means the Attorney General of the Province of Canada in which any proceedings are taken under this Act, and, with respect to the North-West Territories and the District of Keewatin, the Attorney General of Canada ;

(b.) the expression " explosive substance "includes any materials for making any explosive substance; also any apparatus, machine, implement, or materials used, or intended to be used, or adapted for causing, or aiding in causing, any explosion in or with any explosive substance; and also any part of any such apparatus, machine or implement.

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ARTICLE 92.

CAUSING DANGEROUS EXPLOSIONS.

Every one is guilty of felony and liable to imprisonment for life who unlawfully and maliciously causes by any explosive substance an explosion of a nature likely to endanger life or to cause serious injury to property, whether any injury to person or property is actually caused or not.

1S. D. Art. 376 A.

R. S. C. c. 150, s. 2; 46 Vict. c. 3, s. 9.

R. S. C. c. 150, s. 3; 46 Vict. c. 3, s. 2. In Stephen's Digest the provisions founded on this Act are to be found in the chapter on Malicious Injuries to Property, but as they relate as well to offences against the person, and in either case the offence is not ordinarily directed against an individual or his property, but is committed against the public and with an intent to alarm it, I thought the Act might, with propriety, find a place with offences against public order. As to offences committed by means of explosive substances involving or with intent to murder or to do bodily injuries see Arts. 289 (e) 299, and as to similar offences involving injury to property or committed with intent to do such injury, see Arts. 568 (c), 570 (a).

ARTICLE 93.

DOING ANYTHING, OR POSSESSING EXPLOSIVE SUBSTANCES, WITH INTENT TO CAUSE DANGEROUS EXPLOSIONS.

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Every one is guilty of felony, and liable to fourteen years' imprisonment, who unlawfully and maliciously(a.) does any act with intent to cause by an explosive substance, or conspires to cause by an explosive substance, an explosion of a nature likely to endanger life, or to cause serious injury to property; or

(b.) makes or has in his possession or under his control any explosive substance with intent by means thereof to endanger life or to cause serious injury to property or to enable any other person by means thereof to endanger life or to cause serious injury to property

whether any explosion takes place or not, and whether any injury to person or property is actually caused or not.

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ARTICLE 94.

UNLAWFULLY MAKING OR POSSESSING EXPLOSIVE

SUBSTANCES.

Every one is guilty of felony and liable to seven years' imprisonment, who makes or knowingly has in his possession or under his control any explosive substance under such circumstances as to give rise to a reasonable suspicion that he is not making it or has it not in his possession or under his control for a lawful object, unless he can show that he made it or had it in his possession or under his control for a lawful object.

In any proceeding against any person for any such offence, such person and his wife, or her husband, as the case may be, may, if such person thinks fit, be called, sworn, examined, and cross-examined as an ordinary witness in the case.

1 R. S. C. c. 150, s. 4; 46 Vict. c. 3 s. 3.

R. S. C. c. 150, s. 5; 46 Vict. c. 3, ss. 4, 7 (1).

If any person is charged before a justice of the peace with any such offence, no further proceeding shall be taken against such person without the consent of the Attorney-General, except such as the justice of the peace thinks necessary, by remand or otherwise, to secure the safe custody of such person.

ARTICLE 95.

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CARRYING PISTOL WITHOUT REASONABLE CAUSE.

Every one who has upon his person a pistol or air gun without reasonable cause to fear an assault or other injury to his person or his family or property, may, upon complaint made before any justice of the peace, be required to find sureties for keeping the peace for a term not exceeding six months; and in default of finding such sureties, may be imprisoned for any term not exceeding thirty days.

ARTICLE 96.

HAVING A PISTOL ON PERSON WHEN ARRESTED.

2 Every one who when arrested, either on a warrant issued against him for an offence or whilst committing an offence, has upon his person a pistol or air-gun, shall, on summary conviction before two justices of the peace, be liable to a penalty not exceeding fifty dollars and not less than twenty dollars, or to imprisonment for any term not exceeding three months.

1 R. S. C. c. 148, s. 1. The time within which a prosecution may be commenced for any offence defined in Articles 95-100, and 102, is limited to one month; (s. 9).

2 R. S. C. c. 148, s. 2. As to the punishment of any person found loitering near any ship, and being at the time armed, and not giving a satisfactory account of himself, see R. S. C. c. 74. s. 87, Art. 251.

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ARTICLE 97.

HAVING A PISTOL ON THE PERSON WITH INTENT TO

INJURE ANY PERSON.

Every one who has upon his person a pistol or airgun, with intent therewith unlawfully and maliciously to do injury to any other person, shall, on summary conviction before two justices of the peace, be liable to a penalty not exceeding two hundred dollars and not less. than fifty dollars, or to imprisonment for any term not exceeding six months; and the fact of the pistol or airgun being on the person shall be primâ facie evidence of such intent.

ARTICLE 98

POINTING ANY FIREARM AT ANY PERSON.

2 Every one who, without lawful excuse, points at another person any firearm or air-gun, whether loaded or unloaded, shall, on summary conviction before two justices of the peace, be liable to a penalty not exceeding fifty dollars and not less than twenty dollars, or to imprisonment for any term not exceeding thirty days.

ARTICLE 99.

CARRYING OFFENSIVE WEAPONS ABOUT THE PERSON.

3 Every one who carries about his person any bowieknife, dagger or dirk, or any weapons called or known as iron-knuckles, skull-crackers or slung shot, or other offensive weapons of a like character, or secretly carries about his person any instrument loaded at the end, or sells or exposes for sale, publicly or privately, any such weapon,

1 R. S. C. c. 148, s. 3.
2 R. S. C. c. 148, s. 4.

3 R. S. C. c. 148, s. 5.

shall, on summary conviction before two justices of the peace, be liable to a penalty not exceeding fifty dollars and not less than ten dollars, and in default of payment thereof to imprisonment for any term not exceeding thirty days.

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ARTICLE 100.

CARRYING SHEATH-KNIVES IN SEAPORTS.

Every one, not being a seaman or rigger occupied or engaged in his lawful trade or calling, who is found, in any of the seaport towns or cities of Canada, carrying about his person any sheath-knife, shall, on summary conviction before two justices of the peace, be liable to a penalty not exceeding forty dollars and not less than ten dollars, and in default of payment thereof to imprisonment for any term not exceeding thirty days.

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2 ARTICLE 101.

GOING ARMED SO AS TO CAUSE FEAR.

[Every one commits a misdemeanor who goes armed in public, without lawful occasion, in such a manner as to alarm the public.]

ARTICLE 102.

TWO OR MORE PERSONS OPENLY CARRYING DANGEROUS WEAPONS SO AS TO CAUSE ALARM.

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If two or more persons openly carry dangerous or unusual weapons in any public place, in such a manner and under such circumstances as are calculated to create terror

1 R. S. C. c. 148, s. 6.

2 S. D. Art. 68.

3 [2 Edw. 3, c. 3, paraphrased with reference to the explanations given in 1 Hawk. P. C. 488-9.]

4R. S. C. c. 148, s. 8.

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