# An Act to prevent the unlawful training of persons to the use of arms, and the practise of Military evolutions ; and to authorize Justices of the Peace to seize and detain arms collected or kept for purposes dangerous to the public peace

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Source: Early Canada Online

## Contents

An Act to prevent the unlawful training of persons to the use of arms, and the practise of Military evolutions ; and to authorize Justices of the Peace to seize and detain arms collected or kept for purposes dangerous to the public peace.
       Preamble.
       1. Meetings for drill, &c., with out lawful nuthority prohibited.
             Punishment of persons acting as instructors at such meetings.
             And of persons receiving instruction.
       2. Such meetings may be dispersed and persons attending them arrested, and committed for trial if not bailed.
       3. Arms or ammunition kept for any unlawful purpose may be seized and detained.
             And the person having them may be arrested.
             How dealt with.
       4. Claims for restitution of such arms, &c., how to be decided upon.
       5. Persons carrying arms for unlawful purposes may be arrested and committed and tried for misdeameanor.
             May be bailed.
       6. All Justices of the Peace to have concurrent jurisdiction under this Act.
       7. Provision for protection of Justices and others acting under this Act.
             Double costs against plaintiff failing in his suit.
       8. This act may be suspended and again brought into force.
       9. Limitation of prosecutions.
31 Victoria, c. 15 (Canada)
An Act to prevent the unlawful training of persons to the use of arms, and the practise of Military evolutions ; and to authorize Justices of the Peace to seize and detain arms collected or kept for purposes dangerous to the public peace
[Assented to 21st December, 1867.]
HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows :
and every person who shall attend or be present at any such meeting or assembly, for the purpose of being or who shall at any such meeting or assembly be trained or drilled to the use of arms, or the practice of military exercises, movements or evolutions, being legally convicted thereof shall be liable to be punished by fine and imprisonment not exceeding two years, in the discretion of the Court before which such conviction shall be had.
2. It shall be lawful for any Justice of the Peace, or for any Constable or Peace Officer, or for any person acting in their aid or assistance, to disperse any such unlawful meeting or assembly as aforesaid, and to arrest and detain any person present at or aiding, assisting or abetting any such assembly or meeting as aforesaid ; and it shall be lawful for the Justice of the Peace who shall arrest any such person or before whom any person so arrested shall be brought, to commit such person for trial for such offence under the provisions of this Act, unless such person can and shall give bail for his appearance at the next Court of Oyer and Terminer and general jail delivery, if in either of the Provinces of Ontario, Nova Scotia or New Brunswick, or at the next term or sitting of the Court of Queen's Bench in the exercise of its criminal jurisdiction, if in the Province of Quebec, to answer to any indictment which may be preferred against him for any such offence against this Act.
4. Provided always, that it shall he lawful for any person from whom any such arms or weapons, ammunition or munitions of war, shall be so taken as last aforesaid, in case the justice of the peace upon whose warrant the same shall have been taken, upon application made for that purpose, refuse to restore the same, to apply to the next General or Quarter Sessions of the peace, or in the Province of Quebec, in any district in which no such Court may then be held, to any Judge of the Court of Queen's Bench or of the Superior Court, upon giving ten days previous notice of such application to such justice for the restitution Of such arms or weapons, or any part thereof, and the justices assembled at such General Quarter Sessions o the peace, or such Judge of the Court of Queen's Bench or of the Superior Court, shall make such order for the restitution or safe custody of such arms or weapons, or any part thereof, as upon such application shall appear to them or him to be proper.
but any such person may before conviction give good and sufficient bail for this appearance at the next Assizes or General Quarter Sessions of the Peace, or in the Province of Quebec, in any District in which no Court of Quarter Sessions may then be held, at the next term of the Court of Queen's Bench in the exercise of its criminal jurisdiction, to answer to any indictment which may be preferred against him.
6. All Justices of the Peace in and for any District, County, City, Town or place, in Canada, shall have concurrent jurisdiction as Justices of the Peace, with the justices of any other District, County, City, Town or place, in all cases as to the carrying into execution the provisions of this Act, and as to all matters and things relating to the preservation of the public peace under this Act, as fully and effectually as if each of such justices was in the commission of the peace, or was ex officio a Justice of the Peace for each of such Districts, Counties, Cities, Towns or places.
8. The Governor in Council may, from time to time, by Proclamation, suspend the operation of this Act in any one of the Provinces of Canada or in any particular districts or district, counties, county or locality therein specified ; and from and after the period specified in any such Proclamation the powers given by this Act shall be suspended in such Province or in such districts or district, counties, county or locality ; but nothing herein contained shall prevent or be construed to prevent the Governor in Council from again declaring, by proclamation, that any such Province, districts or district, counties, county or locality shall be again subject to this Act and the powers hereby given, and upon such proclamation this Act shall be revived and in force accordingly.
9. No person shall be prosecuted for any offence done or committed against the provisions of this Act, unless such prosecution be commenced within six calendar months after the offence committed.
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