2ND EDIT. REVISED STATUTES 1906 REMARKS and liable to a penalty not exceeding $500 and not less than $100 and to imprisonment for any term not exceeding five years and not less than six months, who affixes to any package of tobacco or cigars any forged stamp or any stamp previously used. Removing tobacco or cigars not properly put up and stamped, etc. See sections 349, Purchasing such. 351, 352, 356, 357 and 358, for the respective penalties punishments and forfeitures incurred by any person, (a) who removes from any tobacco or cigar manufactory or uses, sells or possesses any tobacco or cigars without the same being put up in proper packages and stamped or without the stamps being properly cancelled, or (b) who knowingly purchases or receives for sale any manufactured tobacco or cigars from any manufacturer not duly licensed, or (c) who purchases or receives for sale any manufactured tobacco or cigars not legally packed, branded or stamped, or (d) who sells or offers for sale or, not being a licensed tobacco or cigar manufacturer, has in his possession any kind of manufactured tobacco or cigars not put up in packages and stamped according to the provisions of the Act, or (e) who sells or offers for sale any imported tobacco or cigars or tobacco or cigars. purporting to be imported, not put up in packages and stamped as provided by the Act, or (f) who sells or offers for sale any cigars in any other form than in new boxes as provided by the Act, or who packs in any box any cigars in excess of the number required by law to be put in each box or affixes a stamp on any box denoting a less amount of duty than required by law, or (g) who removes any cigars from any manufactory without being packed in boxes as required by the Act. Acetic Acid. See sections 362 to 365 as to licenses to carry on the business of manufacturing acetic acid. In the case of a conviction under the Inland Revenue Act and of a money penalty being imposed and, in default of payment, imprisonment for a fixed term, unless the penalty and costs and charges of conveying the accused to gaol are sooner paid, it is necessary that the amount of the latter should be stated in the warrant of commitment, and, where not so stated, the prisoner is entitled to be discharged on habeas corpus. (9) (9) R. v. Corbett, 2 Can. Cr. Cas., 499. 2ND EDIT. REVISED STATUTES 1906 REMARKS Sec. 105. Sec. 118. Carrying a pistol or air-gun. Sec. 106. Unchanged. (10) Unchanged. Sec. 120. Having pistol or air-gun on person when arrested. Unchanged. Sec. 121. Having pistol or air-gun with intent to injure any one. Unchanged. Sec. 109. Sec. 122. Pointing any fire-arm or air-gun at any one. Unchanged. Sec. 110. Sec. 123. Carrying offensive weapons. Unchanged. Sec. 111. Sec. 124. Carrying sheath-knife in town or City. Unchanged. Sec. 125. Exception as to soldiers, etc. Unchanged. Sec. 126. Refusing to deliver up offensive weapon to a justice. Unchanged. Sec. 112. Sec. 114. Sec. 127. Coming armed near public meeting. Unchanged. Unchanged. Sec. 115. Sec. 128. Lying in wait for persons returning from public meeting. SEDITIOUS OFFENCES. Sec. 120. Sec. 129. Unlawful Oaths, Administering or tak of it duly made. ing. Sec. 121. Sec. 130. Seditious Oaths. Administering or taking. Sec. 122. Sec. 131. Compulsion no excuse, unless declaration Sec. 123. Sec. 132. Seditious words. Unchanged. Sec. 124. Sec. 134. Punishment of sedition. Unchanged. (10) Except that sec. 105 of the old Act contained five paragraphs but section 118 of the new Act contains only four paragraphs, which are idential with paragraphs 1, 2, 3 and 5 of the old Act, paragraph 4 thereof being now transferred (differently worded but the same in effect) to section 1135, post. (11) Except that sec. 123 of the old Act is converted into two sections (132 and 133) of the new Act. 2ND EDIT. REVISED STATUTES 1906 REMARKS PIRACY. Unchanged. Sec. 127. Sec. 137. Piracy by the law of nations. Unchanged. CONVEYING LIQUOR ON BOARD HIS MAJESTY'S SHIPS. Sec. 119. Sec. 141. Taking or attempting to take liquor on board. Unchanged. PART III. [The whole of the sections of this Part, (namely, 142-154), are new as sections of the Code. They are taken from the old R. S. C. (1883), c. 151, which formed part of the Appendix to the old Code.] RESPECTING THE PRESERVATION OF PEACE IN THE VICINITY OF PUBLIC WORKS. Interpretation Sec. 142. Definitions. In this Part, unless the context otherwise requires: (a) this Part' means such section or sections thereof as are in force, by virtue of any proclamation, in the place with reference to which the Part is to be construed and applied (b) commissioner Part means a commissioner under this (c) public work includes any railway, canal, road, bridge or other work of any kind, and any mining operation constructed or carried on by the Government of Canada or any province of Canada or by any municipal corporation, or by any incorporated company or by private enterprise PROCLAMATION. Sec. 143. Bringing this Part into force. The Governor in Council may, as often as occasion requires, declare by proclamation that upon and after a day therein named this Part or any section or sections thereof shall be in force in any place in Canada in such proclamation designated, within the limits or in the vicinity whereof any public work is in course of construction, or in any place in the vicinity of any public work within which he deems it necessary that this Part, or any section or sections thereof should be in force; and this Part or any such section or sections thereof, shall, upon and after the day named in such proclamation, take effect within the place or places designated therein. 2. Declaring this Part to be no longer in force. The Governor in Council may, in like manner, declare this Part or any section or sections thereof to be no longer in force in any such place, and may again, from time to time, declare this Part or any section or sections thereof to be in force therein. 3. No such proclamation shall have effect within the limits of any city. 4. All Courts, magistrates and justices shall take judicial notice of every such proclamation. WEAPONS. Sec. 144. Delivery of arms. On or before the day named in such proclamation, every person employed on or about the public work to which the same relates, shall bring and deliver up, to some commissioner or officer appointed for the purposes of this Part, every weapon in his possession, and shall obtain from such commissioner or officer a receipt for the same. Sec. 145. Seizure of arms not delivered. Every weapon found in the possession of any person employed as aforesaid after the day named in any proclamation and within the limits designated in such proclamation, may be seized by any justice, commissioner, constable or other peace officer, and shall be forfeited to the use of His Majesty. Sec. 146. Possessing weapons near public works. Every one employed upon or about any public work, within any place in which this Part is in force, who, upon or after the day named in such proclamation, 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 or under his care or control. Sec. 147. Receiving or concealing arms, with intent. Every one who, for the purpose of defeating the enforcement of this Part, receives or conceals or aids in receiving or concealing or procures to be received or concealed, within any place in which this Part is in force, any weapon belonging to or in the custody of any person employed on or about any public work, is liable, on summary conviction, to a penalty not exceeding one hundred dollars and not less. than forty dollars; and a moiety of such penalty shall belong to the informer and the other moiety to His Majesty, for the public uses of Canada. Sec. 148. Employees carrying weapons. Every person employed on any public work found carrying any weapon, within any place in which this Part is at the time in force, for purposes dangerous to the public peace, is guilty of an indictable offence. Sec. 149. Return of weapons when this Part ceases to be in force. Whenever this Part ceases to be in force within the place where any weapon has been delivered and detained in pursuance thereof, or wherever the owner or person lawfully entitled to any such weapon satisfies the commissioner that he is about to remove immediately from the limits within which this Part 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 given for it. INTOXICATING LIQUOR. Sec. 150. Retail Sale of liquor prohibited. Upon and after the day named in such proclamation and during such period as the proclamation remains in force, no person shall, at any place within the limits specified in the proclamation, sell, barter or directly or indirectly, for any matter, thing, profit or reward, exchange, supply or dispose of, or shall give to any other person any intoxicating liquor intended to be dealt with in any such way. 2. The provisions of this section shall not extend to any person selling intoxicating liquor by wholesale, and not retailing it, if the said person is a licensed distiller or brewer nor shall they apply where liquor is supplied for bona fide medicinal purposes upon the prescription of a duly qualified medical practitioner. (As Amended by the 6 and 7 Ed. 7, c. 9, sec. 2). |