48 CAP. 9.] CRIMINAL CODE Definition of "arms proper" and "arms improper". Amended by: XI.1900.15. 64. (1) Arms proper are all fire-arms and all other weapons, instruments and utensils which are mainly intended for defensive or offensive purposes. Punishment for offences accompanied with public violence. Amended by: IX. 1859.3. 65. (1) The punishment for an offence accompanied with public violence, shall be higher by one degree than the punishment provided for the same offence when not accompanied with public violence. Assembly under arms. Amended by: IX. 1859.4. 66. The persons assembled as provided in article 63 shall, for the mere fact of having so assembled, be liable to imprisonment for a term from one to three months. Conspiracy. 67. Any crime committed by any of the persons mentioned in article 63, shall, for the purposes of punishment, be considered as being accompanied with public violence if in the commission of the crime such persons shall have acted in pursuance of a common design. Unlawful assembly. Amended by: IX. 1859.5; VIII. 1909.5. 68. (1) Whosoever shall incite an assembly of persons, who when so incited shall be ten or more in number, for the purpose of committing an offence, shall, for the mere fact of the incitement, be liable, on conviction, to imprisonment for a term from one to three months or to a fine (multa). (2) All other weapons, instruments or utensils are not considered as arms, except when they are actually made use of for any offensive or defensive purpose, in which case they are called arms improper. (2) In no case shall the punishment be less than that provided in article 66. (2) Whosoever shall take an active part in an assembly of ten or more persons for the purpose of committing an offence, although the said assembly may not have been incited by any one in particular, shall, on conviction, be liable to imprisonment for a term from three days to three months or to a fine (multa). (3) Where the offence which such assembly of persons intended to commit is committed, then, if the punishment established for the offence is less than the punishments aforesaid, these punishments shall be applied with an increase of one degree; if, however, the punishment established for the offence is greater than, or equal to, the punishments aforesaid, then that punishment shall be applied with an increase of one degree. Instigation to commit an offence. Amended by: XLIX. 1981.4. 69. Whosoever shall publicly instigate any other person to commit an offence, shall, for the mere fact of the instigation, be liable, on conviction, to (a) imprisonment for a term from two to five years, in the case of a crime liable to a punishment higher than the punishment of imprisonment for a term of three years; or (b) imprisonment for a term not exceeding two years, in the case of a crime liable to the punishment of imprisonment for a term not exceeding three years; or