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and alarm, each of such persons is liable, on summary conviction before two justices of the peace, to a penalty not exceeding forty dollars and not less than ten dollars, and in default of payment to imprisonment for any term not exceeding thirty days.

ARTICLE 103.

EXCEPTION AS TO SOLDIERS, ETC.

1 It is not an offence for any soldier, sailor or volunteer in Her Majesty's service, constable or other policeman, to carry loaded pistols in the discharge of his duty.

ARTICLE 104.

HAVING POSSESSION OF ARMS FOR PURPOSES DANGEROUS

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TO THE PUBLIC PEACE.

Every one is guilty of a misdemeanor and liable to five years' imprisonment who has in his custody or possession, or carries," any arms for any purpose dangerous to the public peace.

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ARTICLE 105.

REFUSING TO DELIVER OFFENSIVE WEAPON TO A JUSTICE.

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Every one attending any public meeting or being on his way to attend the same who, upon demand made by any justice of the peace within whose jurisdiction such

1 R. S. C. c. 148, s. 10.

2 R. S. C. c. 149. The prosecution must be commenced within six months after the offence is committed; (s. 6).

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The expression "arms " includes any pike, pike-head, spear, dirk, dagger, sword, pistol, gun, rifle or other weapon, gunpowder, lead, cartridges, bullets and other ammunition or munitions of war; (R. S. C. c. 149, s. 1.)

7 R. S. C. c. 152, s. 1.

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public meeting is appointed to be held, declines or refuses to deliver up, peaceably and quietly, to such justice of the peace, any offensive weapon with which he is armed or which he has in his possession, is guilty of a misdemeanor.

The justice of the peace may record the refusal and adjudge the offender to pay a penalty not exceeding eight dollars, or the offender may be proceeded against by indictment as in other cases of misdemeanors.

ARTICLE 106.

COMING ARMED WITHIN TWO MILES OF PUBLIC MEETING.

2 Every one except the sheriff, deputy sheriff and justices of the peace for the district or county, or the mayor and justices of the peace for the city or town. respectively, in which any public meeting is held, and the constables and special constables employed by them, or any of them, for the preservation of the public peace at such meeting, who, during any part of the day upon which such meeting is appointed to be held, comes within two miles of the place appointed for such meeting, armed with any offensive weapon, is guilty of a misdemeanor, and liable to a penalty not exceeding one hundred dollars, or to imprisonment for a term not exceeding three months, or to both.

ARTICLE 107.

LYING IN WAIT FOR PERSONS RETURNING FROM PUBLIC

MEETING.

3 Every one is guilty of a misdemeanor and liable to a penalty not exceeding two hundred dollars, or to im

"Offensive weapon" in Articles 105, 106, 108 and 109 means fire-arms, swords, staves, bludgeons and the like.

2 R. S. C. c. 152, s. 5.

3 R. S. C. c. 152, s. 6.

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prisonment for a term not exceeding six months, or to both, who lies in wait for any person returning, or expected to return, from any such public meeting, with intent to commit an assault upon such person, or with intent, by abusive language, opprobrious epithets or other offensive demeanor, directed to, at or against such person, to provoke such person, or those who accompany him, to a breach of the peace.

ARTICLE 108.

REFUSING TO DELIVER OFFENSIVE WEAPONS TO RETURNING OFFICER.

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Every one who on nomination day, or on any day whereon any poll is holden for the election of a member to serve in the House of Commons of Canada, or under The Canada Temperance Act, on demand made by any returning officer or deputy returning officer, within half a mile of the place of nomination or polling, refuses to deliver to such officer any offensive weapon in his possession, is liable to a penalty of one hundred dollars and in default of payment to three months' imprisonment.

ARTICLE 109.

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COMING ARMED INTO POLLING DISTRICT, OR WITHIN ONE MILE OF POLLING PLACE.

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Every one is guilty of a misdemeanor and liable to a penalty of one hundred dollars or three months' imprisonment, or both,

(a.) who, being within a polling district during any part of a day on which a poll for any such election as mentioned in the next preceding Article is being holden,

1 R. S. C. c. 8, s. 76; c. 106, s. 63.

2 As to the manner of enforcing the penalty see p. 128 note 2. As to the limitation of time for instituting proceedings see R. S. C. c. 8, s. 117; c. 106, s. 90.

R. S. C. c. 8, ss. 78, 82; c. 106, ss. 70, 73.

arms himself with any offensive weapon and thus armed approaches within one mile of the polling place; or

(b.) who, not being one of the persons described in the note hereto,' during any part of the day upon which any such poll is to remain open, comes into the polling district armed with any offensive weapon.

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ARTICLE 110.

SMUGGLERS CARRYING OFFENSIVE WEAPONS.

Every one is guilty of felony and liable to imprisonment for life who is found with any goods liable to seizure or forfeiture under any law relating to the customs, trade or navigation and carrying offensive arms or weapons or in any way disguised.

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ARTICLE 111.

SALE OF ARMS IN THE NORTH-WEST TERRITORIES.

Every one is guilty of a misdemeanor and liable, on summary conviction before two justices of the peace," to a penalty of two hundred dollars or to six months' imprisonment, or to both, who during any time when, and within any place in the North-West Territories where, section one hundred and one of The North-West Territories Act is in force,

(a.) without the permission in writing (the proof of

1 The statute excepts the following persons; the returning officer, deputy returning officer, any constable or special constable appointed by the returning officer or his deputy for the preservation of peace at the election, and any person who has had a stated residence in the polling district for at least six months next before the day of election, and, in the case of the election of a member to serve in the House of Commons, the poll clerk.

2 R. S. C. c. 32, s. 213.

& Art. 17.

R. S. C. c. 50, s. 101. As to the power of the Superintendent-General of Indian Affairs to prohibit any sale, gift or other disposal to any indian in Manitoba or the Territories of fixed ammunition or ball cartridge, and the punishment of offenders, see R. S. C. c. 43, 8. 113.

5" Or a Judge of the Supreme Court."

which shall be on him) of the Lieutenant-Governor, or of a commissioner appointed by him to give such permission, has in his possession or sells, exchanges, trades, barters or gives to or with any person, any 'improved arm or ammunition; or

(b.) having such permission, sells, exchanges, trades, barters or gives any such arm or ammunition to any person not lawfully authorized to possess the same.

ARTICLE 112.

POSSESSING WEAPONS NEAR PUBLIC WORKS.

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2 Every one employed upon or about any public work, within any place in which the Act respecting the preservation of peace in the vicinity of public works is then in force, who, upon or after the day named in the proclamation by which such Act is brought into force, keeps or has in his possession or under his care or control, within any such place, any weapon, is liable on summary conviction, to a penalty not exceeding four dollars and not less than two dollars for every such weapon found in his possession.

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Every one who, for the purpose of defeating the said Act, receives or conceals, or aids in receiving or concealing, or procures to be received or concealed within any place in which the said Act is at the time in force, any weapon belonging to or in custody of any person employed on or about any public work, is liable, on summary

1 "Improved arm "in this connection means any arm except a smooth bore shot gun; and "ammunition" means fixed ammunition or ball cartridge.

2 R. S. C. c. 151, ss. 1, 5, 6, 21.

3 The expression "Act" means such sections thereof as are in force by virtue of the proclamation, and the provisions of the article would not be in force unless sections five and six were included in such proclamation.

4 The expression weapon" includes any gun or other firearm, or air-gun or any part thereof, or any sword, sword-blade, bayonet, pike, pike-head, spear, spear-head, dirk, dagger, or other instrument intended for cutting or stabbing, or any steel or metal knuckles, or other deadly or dangerous weapon, and any instrument or thing intended to be used as a weapon, and all ammunition which may be used with or for any weapon.

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