Effect of proclamation. Persons em

works not to keep arms.

tion of perjury, be sufficient evidence of the trial of such indictment for felony or misdemeanor, without proof of the signature or official character of the person appearing to have signed the same.

M

12. This Act shall commence and take effect on the first day of January, one thousand eight hundred and seventy.

CAP. XXIV.

An Act for the better preservation of the Peace in the vicinity of Public Works.

[Assented to 22nd June, 1869.]

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 Senate and House of Commons of Canada, enacts as follows:

1. The Governor in Council may, as often as occasion requires, declare by Proclamation that upon and after a day therein named, this Act shall be in force in any place or places in Canada therein designated, within the limits or in the vicinity whereof any Railway, Canal or other public work is in progress of construction, or such places as are in the vicinity of any such Canal or 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 any such Proclamation, take effect within the places designated in such Proclamation :

2. The Governor in Council may, in like manner, from time to time, declare this Act to be no longer in force in any of such place or places; and may again from time to time declare the same to be in force therein;

3. But no such Proclamation shall have effect within the limits of any City.

2. Upon and after the day to be fixed for such purpose in such Proclamation, no person employed upon or about any such Canal, ployed on the Railway or other work as aforesaid, within the place or places in which this Act is then in force, shall keep or have in his possession or under his care or control, within any such place, any gun or other fire-arm, or air-gun or any part thereof, or any sword, sword blade, bayonet, pike, pikehead, spear, spearhead, dirk, dagger, or other instrument intended for cutting or stabbing, or any steel or metal knuckles, or other deadly or dangerous weapon, under a penalty of not less than two dollars, nor more than four dollars, for every such weapon found in his possession.

arms to Commissioner, &c.

3. On or before the day appointed as aforesaid in such Procla- Delivery of mation, every person employed on or about the Canal, Railway or other work to which the same relates, shall bring and deliver up to some Commissioner or Officer to be appointed for the purposes of this Act, every such weapon in his possession, and shall obtain from such Commissioner or Officer a receipt for the same.

Act ceases to

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

vered.

5. Every such weapon found in the possession of any person Seizure of employed as aforesaid, after the day named in any Proclamation arms not delias that on or before which such weapon ought to be delivered up, and within the limits designated in the Proclamation bringing this Act into force, may be seized by any Justice, Commissioner, Constable or other Peace Officer, and shall be forfeited to the use of Her Majesty.

6. If any person, for the purpose of defeating this Act, receives Concealing or conceals, or aids in receiving or concealing, or procures to be arms, unlawfully. received or concealed, within any place where this Act is at the time in force, and such weapon as aforesaid belonging to or in the custody of any person employed on or about any such Railway, Canal or other work, such person shall forfeit a sum of not less than forty dollars nor more than one hundred dollars; one half to belong to the informer, and the other half to Her Majesty.

fully con

7. Any Commissioner appointed under this Act, or any Justice Search for of the Peace having authority within the place where this Act is arms, unlawat the time in force, upon the oath of a credible witness that he cealed. believes that any such weapon as aforesaid is in the possession of any person or in any house or place contrary to the provisions of this Act, may issue his warrant to any 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 any such house or place:

2. In case admission to any such house or place be refused Right of entry after demand, such Constable or Peace Officer, and any person in for search. his aid, may enter the same by force by day or by night, and

seize any such weapon and deliver it to such Commissioner; and Forfeiture of unless the party in whose possession or in whose house or premises arms found. the same has been found, do, within four days next after the seizure, prove to the satisfaction of such Commissioner or Justice that the weapon so seized was not in his possession or in his

house

Carrying arms, -persons unlawfully so doing may be

arrested.

house or place contrary to the meaning of this Act, such weapon shall be forfeited to the use of Her Majesty.

8. Any Commissioner or Justice, Constable or Peace Officer, or any person acting under a warrant, in aid of any Constable or Peace Officer, may arrest and detain any person employed on any such railway, canal, or other work, found carrying any such weapon as aforesaid, within any place where this Act is at the time in force, at such time and in such manner as in the judgment of such Commissioner, Justice, Constable or Peace Officer, or person acting under a warrant, affords just cause of suspicion that they are carried for purposes dangerous to the public peace; and the act of so carrying any such weapon by any person so employed Committal if shall be a misdemeanor, and the Justice or Commissioner arresting

bail be not

given,

Monthly

return.

Sale of forfeited arms.

Sale of liquors prohibited.

Provise.

Penalty for

such person, or before whom he is brought under such a warrant, may commit him for trial for a misdemeanor, unless he gives sufficient bail for his appearance at the next term or sitting of the Court before which the offence can be tried, to answer to any indictment to be then preferred against him.

9. Every Commissioner under this Act shall make a monthly return to the proper authority of all weapons delivered to him, and by him detained under this Act.

10. All weapons declared forfeited under this Act shall be sold or destroyed under the direction of the Commissioner by whom or by whose authority the same were seized, and the proceeds of such sale, after deducting necessary expenses, shall be received by such Commissioner and paid over by him to the Receiver General for the public uses of the Dominion.

11. Upon and after the day to be fixed in such Proclamation, and during such period as the Proclamation may remain in force, no person shall at any place within the limits specified in such Proclamation barter, sell, exchange or dispose of directly or indirectly to any other person, any alcoholic, spirituous, vinous, fermented or other intoxicating liquor, or any mixed liquor, a part of which is spirituous, or vinous, fermented or otherwise intoxicating,-nor shall expose, keep or have in his possession for sale, barter or exchange, any intoxicating liquor:

2. But this section shall not extend to any person selling intoxicating liquors by wholesale, and not retailing the same, if such person be a licensed Distiller or Brewer.

12. Any person who, in contravention of the next preceding contravention. section, by himself, his clerk, servant or agent, exposes or keeps for sale or barters, or sells, disposes of, gives or exchanges for any other matter or thing, to any other person, any intoxicating liquor, shall be liable to a fine of twenty dollars on the first conviction, forty dollars on the second, and on the third and every

subsequent

subsequent conviction, to such last mentioned fine and imprisonment for a period not more than six months.

to incur the

13. If any clerk, servant or agent, or other person in the Agent selling? employment or on the premises of another, sells, disposes of, or same penalty exchanges for any other matter or thing, or assists in selling, dis- as principal. posing of, or exchanging for any other matter or thing, any intoxicating liquor, in contravention of this Act, for the person in whose service or on whose premises he is, he shall be held equally guilty with the principal, and shall suffer the like penalty.

14. If any three credible persons make oath or affirmation Search for and before any Commissioner, or Justice of the Peace, that they have seizure of liquor, on reason to believe and do believe that any intoxicating liquor information intended for sale or barter in contravention of this Act, is kept or and warrant. deposited in any steamboat or other vessel, or in any carriage or vehicle, or in any store, shop, warehouse, or other building or premises at any place within which such intoxicating liquor is by Proclamation under this Act prohibited to be sold or bartered or kept for sale or barter, or on any river, lake or water adjoining such place, the Commissioner or Justice shall issue his Warrant of Search to any Sheriff, Police Officer, Bailiff or Constable, who shall forthwith proceed to search the steamboat, vessel, premises or place described in such Warrant, and if any intoxicating liquor be found therein, he shall seize the same, and the barrels, casks or other packages in which it is contained, and convey them to some proper place of security, and there keep them until final action is had thereon; but no dwelling house in which, or in Proviso: part of which a shop or tar is not kept, shall be searched, unless no shop or one at least of the said complainants testifies on oath to some act bar. of sale of intoxicating liquor therein or therefrom, in contravention of this Act, within one month of the time of making the said complaint:

where there is

2. The owner or keeper of the liquor seized as aforesaid, if he is Forfeiture of known to the Officer seizing the same, shall be summoned forth- liquor, and proceedings with before the Commissioner or Justice by whose warrant the for that purliquor was seized, and if he fails to appear, and it appears to the pose. satisfaction of such Commissioner or Justice, that the said liquor was kept or intended for sale or barter, in contravention of this Act, it shall be declared forfeited with any package in which it is contained, and shall be destroyed by authority of the written order to that effect of the said Commissioner or Justice, and in his presence, or in the presence of some person appointed by him to witness the destruction thereof, and who shall join with the officer by whom the said liquor has been destroyed, in attesting that fact upon the back of the order by authority of which it was done; And the owner or keeper of such liquor shall pay a fine of forty dollars and costs, or be committed to prison for three months in default thereof.

In case the

owner be unknown.

Delivery back

to owner, in certain cases.

Forfeiture in other cases.

Money paid

be recovered

back.

And securities

15. If the owner, keeper or possessor of liquor seized under the next preceding section is unknown to the officer seizing the same, it shall not be condemned and destroyed until the fact of such seizure has been advertised, with the number and description of the package as near as may be, for two weeks, by posting up a written or printed notice and description thereof in at least three public places of the place where it was seized;

2. And if it is proved within_such two weeks, to the satisfaction of the Commissioner or Justice by whose authority such liquor was seized, that it was not intended for sale or barter in contravention of this Act, it shall not be destroyed, but shall be delivered to the owner, who shall give his receipt therefor upon the back of the Warrant, which shall be returned to the said Commissioner or Justice who issued the same; but if after such advertisement as aforesaid, it appears to such Commissioner, or Justice, that such liquor was intended for sale or barter, in contravention of this Act, then such liquor, with any package in which it is contained, shall be condemned, forfeited, and destroyed.

16. Any payment or compensation for liquor sold or bartered for liquor may in contravention of this Act, whether in money or securities for money, labor or property of any kind, shall be held to have been criminally received without consideration, and against law, equity and good conscience, and the amount or value thereof may be recovered from the receiver by the party making, paying or furnishing the same; and all sales, transfers, conveyances, liens and given for the securities of every kind which either in whole or in part have been given for or on account of intoxicating liquor sold or bartered in contravention of this Act, shall be null against all persons, and no right shall be acquired thereby, and no action of any kind shall be maintained either in whole or in part for or on account of intoxicating liquor sold or bartered in contravention of this Act.

same to be

void.

Procedure

and powers of the Commissioner or Justice.

Procedure:

17. Any Commissioner or Justice of the Peace may hear and determine in a summary manner any case arising within his jurisdiction under this Act; and every person making complaint against any other person for contravening this Act, or any part or portion thereof, before such Commissioner or Justice, may be admitted as a witness; and if the Commissioner or Justice before whom the examination or trial is had, so orders, as he may if he thinks there was probable cause for the prosecution, the defendant shall not recover costs though the prosecution fails.

18. All the provisions of any Law respecting the duties of certain acts to Justices of the Peace in relation to summary convictions and apply to cases under this Act. orders, and to appeals from such convictions, and for the protection of Justices of the Peace when acting as such, or to facilitate proceedings by or before them, in matters relating to summary convictions and orders, shall in so far as they are not inconsistent