AN 
 
 ANALYTICAL SYNOPSIS 
 
 OF 
 
 THE CRIMINAL CODE 
 
 AND OF 
 
 THE CANADA EVIDENCE ACT 
 
 BY 
 
 JAMES CRANKSHAW, B.C.L. 
 
 BARRISTER, MONTREAL. 
 
 Author of " An Annoted Edition of the Criminal Code " and of 
 
 " A Practical Guide to Police Magistrates, 
 
 and Justices of the Peace." 
 
 MONTREAL, CAN. 
 
 C. THEORET, LAW BOOK-PUBLISHER 
 
 Nos 11 & 13 St. James Street 
 
 1899 
 
Registered according to Act of Parliament of Canada, in the vcar one thousand 
 cisht Inuidrod and ninety-nine, at the departni.-nt"of the Ministerof 
 Agriculture. Ottawa, by C. Theouet, Publisher, Montreal. 
 
PREFACE. 
 
 The present work has been prepared at the urgent request of the 
 publisher. 
 
 It is a general analytical outline, — free from minor details, — of the 
 criminal law of Canada as contained in the Code and in the Canada 
 Evidence Act, and will be of great service not only to students and pro- 
 fessors of Universities and Law Schools, but to Judges, Magistrates and 
 Practitioners, who will find it of considerable value as an auxiliary hand- 
 book to larger works upon the subject. 
 
 In order to bring the work down to date, the statutory amendments 
 made by the 56 Vic, c. 32, the 57-58 Vic, c 57, the 58-59 Vic, c 40, 
 the 61 Vic, c 53, and the 62-63 Vic, c 46, have been incorporated in 
 their proper places. 
 
 At the last session of the Dominion Parliament, a number of 
 additional amendments, of considerable importance, were intended to 
 have been made to the Code by a bill introduced in and passed by the 
 Senate ; but, it is to be regretted that, — with the exception of a slight 
 alteration made in section 520 of the Code by the 62-63 Vic, c. 46, 
 above mentioned, — the House of Commons failed to deal with them. 
 There is no doubt, however, that they will be dealt with and passed at 
 the next session. 
 
 Another Act, — chapter 47, — passed at the last session of the 
 Dominion Parliament, though not expressly entitled an act relating to 
 the Criminal Code, provides that all offences committed in any part of 
 Canada, east of the province of Manitoba and the district of Keevvatin and 
 the north of the provinces of Ontario and Quebec, may l)e enquired of 
 and tried within any district, county or place in any of the said provinces, 
 and that such offences shall be within the jurisdiction of any Court 
 having jurisdiction over offences of the like nature within the limits of 
 such district, county or place. 
 
 Montreal, October, 1899. 
 
 J. C. 
 
CONTENTS. 
 
 Preface ni 
 
 THE CRIMINAL CODE OF CANADA. 
 
 FIRST DIVISION. CRIMINAL OFFENCES. 
 
 TITLE I. 
 INTRODUCTORY PROVISIONS. 
 
 PACKS 
 
 Part I. Preliminary 1 
 
 " II. Matters of Justification or Excuse 1 
 
 " III. Parties to the Commission of offences 9 
 
 TITLE IL 
 OFFENCES AGAINST PUBLIC ORDER. 
 
 Part IV. Treason, etc 11 
 
 " V. Unlawful Assemblies, Riots, Breaches of the Peace 15 
 
 " VI. Explosive substances and offensive, weapons. 18 
 
 " VIL Seditious offences 20 
 
 " VIIL Piracy 22 
 
 TITLE III 
 
 OFFENCES AGAINST THE ADMINISTRATION OF LAVl^ AND JUSTICE. 
 
 Part IX. Corruption and Disobedience 23 
 
 " X. Misleading Justice 26 
 
 " XI. Escapes and Rescues 29 
 
 TITLE IV. 
 OFFENCES AGAINST RELIGION, MORALS, AND PUBLIC CONVENIENCE. 
 
 Part XII. Offences against Religion(including Blasphemous Libels) 31 
 
 " XIII. Offences against Morality (^including Incest, Seduction, 
 
 etc.) 32 
 
 " XIV. Nuisances (including Disorderly Houses) 35 
 
 " XV. Vagrancy 39 
 
 TITLE V. 
 
 OFFENCES AGAINST THE PERSON AND REPUTATION. 
 
 Part XVI. Duties tending to preserve life 40 
 
 " XVIL Homicide 41 
 
 " XVIII. Murder, Manslaughter, etc 42 
 
TI 
 
 PA0K8 
 
 Part XIX. Bodi'y Injuries, etc 44 
 
 " XX. Assaults 4S 
 
 " XXI. Ripe. Abortion, etc 47 
 
 " XXII. Bigamy. Abduction, etc 48 
 
 " XXIII. Defamatory Libel 50 
 
 TITLE VI. 
 
 OFFENCES AGAINST RIGHTS OF PROPERTY AND RIGHTS 
 
 ARISING OUT OF CONTRACTS, AND OFFENCES 
 
 CONNECTED WITH TRADE. 
 
 Part XXIV. Theft 6» 
 
 " XXV. Receiving stolen goods 56 
 
 " XXVI. Theft and Offences resembling Theft committed by parti- 
 
 cular persons in respect of particular things in parti- 
 cular places, (including Stealing from the person and 
 
 Bringing stolen property into Canada) 56 
 
 " XXVII. Obtaining property by false pretences and other criminal 
 
 frauds and dealings with property 58 
 
 " XXVIII. Fraud (including Defrauding Creditors, Conspiracy to 
 
 defraud, Cheating at Play, Witchcraft, etc 59 
 
 " XXIX. Robbery and Extortion 62 
 
 " XXX. Burglary and Housebreaking 63 
 
 " XXXI. Forgery 65 
 
 " XXXII. Preparation for Forgery and Off^ences resembling 
 
 Forgery 67 
 
 " XXXIII. Forgery of Trade Marks. Fraudulent Marking of Mer- 
 chandise 70 
 
 " XXXIV. Personation 72 
 
 •' XXXV. Offences relating to the Coin 72 
 
 '• XXXVI. Advertising Counterfeit Money 75 
 
 " XXXVII. Mischief, (including Arson) 76 
 
 " XXXVIII. Cruelty to Animals 79 
 
 " XXXIX. Offences connected with Trade, and Breaches of Contract. 80 
 
 " XL. Attempts, Conspiracies, Accessories 83- 
 
 SECOND DIVISION. CRIMINAL PROCEDURE. 
 
 TITLE Vn. 
 
 PROCEDURE. 
 
 Part XLI. General Provisions 84 
 
 •• XLII. Jurisdiction of Courts 84 
 
 " XLIII. Procedure in particular cases, (including Trials of 
 persons under sixteen. Limitations of prosecutions, 
 and Offtinces for which an arrest may be made 
 without warrant) 85 
 
Part XLIV. 
 
 (C 
 
 XLV. 
 
 (( 
 
 XLVI. 
 
 (( 
 
 XLVII. 
 
 t. 
 
 XLVIII 
 
 it 
 
 XLIX. 
 
 it 
 
 L. 
 
 u 
 
 LI. 
 
 (( 
 
 LIL 
 
 (( 
 
 LIIL 
 
 (( 
 
 LIV. 
 
 (I 
 
 LV. 
 
 t( 
 
 LVL 
 
 (4 
 
 LVIL 
 
 l( 
 
 LVI 11. 
 
 il 
 
 LIX. 
 
 n 
 
 LX. 
 
 VII 
 
 PAOK8 
 
 Compellincr accused'H appearance before Justice, (incliul- 
 
 Suminonses, Warrants, Search Warrants, etc 86 
 
 Procedure on Accused's appearance, Preliminary Enquiry 90 
 
 Indictments 96 
 
 Corporations 98 
 
 Preferrinrr Indictment, — (Jrand Jury, — Coroner's Inqui- 
 sition 98 
 
 Removal of Prisoners, — Change of Venue 100 
 
 Ari-aignment 100 
 
 Trial.. 100 
 
 Appeal 113 
 
 Special Provisions 115 
 
 Speedy Trials of Indictable Offences 116 
 
 Summary Trial of Indictable Ottences 118 
 
 Trial of Juvenile Offenders for Indictable Offences. . . . 122 
 Costs and Pecuniary Compensation. Restitution of 
 
 Propeity 124 
 
 Summary Convictions, (incinding Appeals from same).. 126 
 
 Reco(rniziinc<'s 132 
 
 Fines and Forfeitur.s 132 
 
 TITLE VIII. 
 PROCP^EDINGS AFTER TONVICTION. 
 
 Parts LXI to LXlV. Punishments Generally, — Capital Punisliment, — 
 
 Imprisonmint, — Whipping 133 
 
 Part LXV. Sureties for keeping the Peace, and Fines 133 
 
 " LXVL Disabilities 134- 
 
 " LXVII. Punishments abolished 134 
 
 " LXVIIL Pardons 134 
 
 TITLE IX. 
 
 Actions against Persons administering the Criminal Law 134 
 
 THE CANADA EVIDENCE ACT, 1893. 
 
 Application. — Witnesses 135 
 
 Documentary Evidence 136 
 
 Affirmations. — Evidence of Child 136 
 
 Statutory Declarations 1 36 
 
AN ANALVnCAL SYNOPSIS 
 
 THE CRIMINAL CODE OF CANADA 
 
 THE CANADA EVIDENCE ACT 
 
 THE CRIMINAL CODE 
 
 FIRST DIVISION. CRIMINAL OFFENCES. 
 
 TITLE I. 
 Introductory provisions. 
 
 Part I. — Preliminary (Secs. lto6). 
 
 Short Title, The Criminal Code, 1892. 
 
 Came into F^orce, 1st July 1893. 
 
 ^1 • 1 A f [""less, by its express terms or by some other Imperial Act, 
 
 ^o imperial Act .^ .^ applied to Canada or some Dortion thereof as part of 
 applies to Canada, ,, r\ ' -i\ • • ' 
 
 *^^ \ the Queen s Dominion' 
 
 ' Death, hnprii^onment, Whiiiping, Fine. 
 
 SaretysJiij) for future good behaviour. 
 
 Removal from Crown Office. 
 
 Forfeiture of pension or superannuation allowance. 
 
 Disqiialifi cation from holding office, from sitting in Parliament, and from 
 exercising any franchise. 
 
 Payment of costs. 
 
 ^Indemnification of person suffering loss by offence. 
 
 Fart II. — Justifications or excuses (Secs. 7 to 60). 
 
 Common Law rules and principles as) Remain in/Except as altered by or incon- 
 to justifications or excuses j force, \ sistent with the Code. 
 
 Children under seven — Cannot be guilty of an offence. 
 
 r«„,T T^«cxT T.^4- \ Unless proved competent to know 
 
 Children between seven) /^ ,, -lii-Ui. i e 
 
 in, \ Cannot be guilty, j- the nature and consequence ot 
 
 ■' I the act and that it was wrong. 
 
 IS 
 
 a 
 
 CM 
 
< 
 
 QQ 
 
 . . • i one laboriDir under natural mental imbecility or disease to an 
 
 All iiisano l i. ^ • i • - vi * ■ i.- i.i 
 
 . - eyrent renderini>- him incannnlp ot ;ippreciatino- tlie nature 
 
 ^ ' ' \ and quality of tln' otf't)iCf <ir of kuowiny it to be wrong. 
 
 . 1 1 i.1 • 1 -4. i. I is not guilty of an 
 
 A person who. when thU3 insane, does or omits an act- ^ " *^ 
 ^ ' [ ofience. 
 
 ^ II- ^ ^ ,~^ J. 1 i'Un!-;SS the delusion caused liis belief in 
 
 One laLiornio; under i Cannot be , , s i.v.- -u- \ -a ■ l j. 
 
 ■ j. ,'^-, . vj. 1 21 state 01 thino's which, it existent, 
 
 specihc delusions,- acquitted- i i • iT v.- 
 
 i^ , ., • •' would lustiiv or excuse his act or 
 
 but otlu'vwise sane, a?sinsfine. ■ . '' 
 
 ■' { omission. 
 
 o 
 o 
 
 o 
 
 By threats of imme- 
 diate death or of 
 grievous bodily 
 liarm from one ac-- 
 
 tr.ally present at 
 tlie 'jommissiun of 
 an offence, 
 
 is, — to one believing the threats 
 will be executed and who is 
 not a part}^ to an association or 
 coii.spiiacy rendering him sub-, 
 ject to such coiiipuision, — an 
 excuse for commiting any of- 
 fence, 
 
 except treason, mur- 
 der, piracy, at- 
 tempt to innrrler, 
 assisting at rape, 
 forcible a b d ii c- 
 tion, causing grie- 
 vous bodily harm, 
 and arson. 
 
 A married woman, 
 
 r ■, ., rr • u ris not presumed to 
 
 \vho commits an offence in her , \3 
 
 \ husband's presence, 
 
 have done it un- 
 [ der compukion. 
 
 Ignorance 
 
 ,. , fis no excuse for committing! ,T7, ,. o j. 
 
 ot law- , /v- ° (tor exception, see p. 3, post. 
 
 S 
 
 53 
 
 
 tti-i 
 o 
 
 
 The EXECUTiox 
 
 LAWFUL SENTENCE j 
 
 N of a ^'-^ 
 - th 
 
 a ministerial officer of a Court au- 
 lorised to execute a lawful sentence, 
 or by a gaoler 
 and 
 Every person lawfully a.ssisting therein 
 
 IS justified. 
 
 UTION of a [by a ministerial officer of any Court' 
 . PROCESSof- duly authorised to execute its lawful 
 
 The EXECU'. 
 
 L.\WFUL PROCESSof-! duly 
 
 a tourt [ process, 
 
 1 and 
 
 I Every one lawfully assisting therein, 
 
 j and 
 
 < The receipt and de-1 ,^ • i i • i 
 
 \ , ,. ^„ . .. ^ KY A GAOLER required to receive and 
 ^ tention OF any- , , . ,. ,, ^ 
 
 y is JUS'ilFIED; 
 
 . ^„ ,, , , \ I detain him thereon 
 
 PERSON thereunder; 
 
 The EXECUTION of a Court's [by a person duly authorised to' 
 or of a Justice's lawful execute a lawful waurant of 
 
 WARRANT, y such Court or Justice, 
 
 and 
 
 EvEiiY PERSON kuvfutly ASSISTING th-erein 
 
 and 
 
 Ti ,.T-. -,,.... J 1* ►• 1 bf' a gaoler required under such 
 The RECEIPT 4in« detentisn K* "^ i. a ^ • j j j. • 
 
 \ ,. , , ,- warrant to re«eive 8»nd detain 
 
 I 01 any pei'son thea'con, , • 
 
 !■ is JrLHiTIFIED. 
 
3 
 
 The EXECUTION anfl carryixo out, 
 
 By a <luly authorised officer, 
 "•ai'ler, ami lawful assistants. 
 
 of a SENTEXCE, process or^ 
 warrant passed oe? issued 
 
 WITHOUT AUTHORITY O r 
 
 without or in excess of ju- 
 risdiction in the particular 
 
 case, 
 
 IS .irSTIFIED, 
 
 if the Court which passeil or issued it has jurisiiiction under some circums- 
 tances to pass or issue it, 
 
 Every officer, rjaoler or] 
 
 r i s proi 
 ' I from c 
 
 'ERY OFFICER, r^aoleror^ , „.,. ,^,J ,■ * 
 
 .".»T-. any process or warrant, passed from cruni- 
 
 pt-rsou executing; or'. •' y , ■ , 
 
 ^ . ,. . ,. I or issued ^VITHOUT jurisdiction, nal respon- 
 
 as.istmg in executing] '^ sibility 
 
 if he acts in good faith believing it to be that of a Court, etc., having juris- 
 diction, and if .such Court, etc., act under color of a lawful appointJinent 
 
 a 
 
 ur Commission. 
 
 ~ /Every one acting under A'lif he, in good faith and without] is protected 
 I warrant or process, BAD IN' I culpable ignorance and ne- [ from crimi- 
 
 c 
 o 
 u 
 
 fa 
 
 LAwforadefect in substance I gligence, believes the war-j nal respon- 
 or form apparent on its face,] ant or process good in law, j sibility. 
 
 And ignorance of the law, in such case, is an excuse (1). 
 
 Whether the facts constitute culpable) • , . « , 
 
 T . 1. T • ^ >is a question or law. 
 
 negligence in so believing ) ' 
 
 c 
 o 
 
 U 
 P. 
 
 c 
 o 
 
 CM 
 
 O 
 x 
 
 IB 
 U 
 
 <) 
 
 Every one duly authorised' 
 
 to execute a warrant to 
 
 arrest, 
 
 and 
 Every one called upon to 
 
 assist the>rein, 
 and 
 Every gaoler required to 
 
 receive and detain the 
 
 person arrested 
 
 1 s protected > 
 from criminal 
 responsibility 
 in arresting 
 and receivinof 
 and detaining 
 
 A WRONG PER- 
 SON, 
 
 if he, in good faith and on 
 reasonable grounds, believes 
 that the person arrested is 
 the one naine<l in the war- 
 rtwit. 
 
 (1) See •' Ignorance of law," ante, p. 2. 
 
< 
 
 < 
 
 
 A I'EACK OFFICER wlio, on iva-| 
 sonable fijrounds, bt-lieves an 
 
 ! offence for wliicli an ariu-st 
 without wan-ant may be 
 made has been conunitte'l, I 
 
 .ji;sTiFiEDinarrestinLf rwhethei- the offence 
 without warrant tlie | has been connnit- 
 person he. on reason-- 
 able t^rounds, believes 
 
 ted or not. and 
 wliether such per- 
 son isguihy or not, 
 
 Every oxe called upon to'i 
 
 assi.-t a peace otiicer in I is .iustifieI) 
 arrestino" a person so sus- j in a.ssistinc;, 
 pected, j 
 
 to have committed it, 
 
 and 
 
 if he knows that the person call 
 
 infjon him is a peace officer and 
 does not know there are no rea- 
 sonable grounds tor suspicion. 
 
 Every one, who finds a person committing any j • 
 ofience for which an arrest may be made [ 
 without warrant or for v-hieh the offender nii 
 be arreste<l when found ccuiimittin^ it, 
 
 lay I 
 
 JlsTiFiEl) in arresting 
 such person without 
 warrant. 
 
 Every oxe who, on reasonable^ 
 
 grounds 
 
 believes 
 
 I. 
 
 a person • is jlstified m arresting 
 guilty of an offence for which - such person without 
 an arre.st may be made with- warrant, 
 out warrant, J 
 
 if such offence has 
 I been committed, 
 . whether such 
 I person is guilty 
 ' or not. 
 
 Every one, who, on reasonable grounds, believes'! is protected from crimi- 
 he finds a person committing, HY xiGHT, an | XAL respoxsibility in 
 offence for which an arrest may be made | arresting such person, 
 
 without warrant, 
 
 A peace officer who\^.^, ^^,^. ,^j^,^, 
 nnds any person, i 
 
 without warrant. 
 
 committing any offence 
 
 BY night 
 
 And every oxe who] 
 finds any person, J 
 
 AXD every peace officer (^^^^ whom he has good cause to 
 
 , ^ J suspect 01 having committed or 
 
 who nnds any person , .^ , , . *= •, 
 
 lying or loitering in any j 
 highway, etc., BY XIGHT, | 
 
 being about to commit 
 
 offence for which an arrest 
 
 be made without warrant. 
 
 IS JL'STIFIED 
 
 in arresting 
 such person 
 without 
 warrant. 
 
 Every oxe \vho, on reasonable and probable grounds, 
 
 believes a person has committed an offencel j^ j.j,,,.j,ected from crimixal res 
 and IS escaping from and ireshly pursued | 
 by those whom he believes to have law-j 
 ful authority to aritst him, J 
 
 ponsibility in arresting such 
 person without warrant. 
 
 u 
 
 o 
 
 /-Every oxe justified or protected from' 
 criminal responsibility in executing a 
 .sentence, warrant or process, or in mak- 
 ing an arrest, 
 
 and 
 Every oxe lawfully assisting therein, 
 
 is ju.stified or protected from 
 criminal respoxsibility, as 
 the case may be, in using ne- 
 cessary force to overcome re- 
 sistance thereto ; 
 
 Unless the sentence, etc., can be executed or the arrest effected by reasonable 
 means, less violently. 
 

 5C 
 
 'Of EVERY OXE who executes a f to have it v/ith him and pro'luce it if re- 
 process ox- warrant, ( quire'l. 
 
 r,., ^ , ..^ I ^ i.1 (to give 11 >tiee when practicable of the 
 
 Of EVERY ONE who arrests anotlier = , , ii i „<. .„<.!,,. 
 
 .,, .,, ^ , - warrant under whicli lie acts or tlie 
 
 with or without warrant, .^i , 
 
 1^ cause oi the arrest.. 
 
 A faikire to perform either duty does not of it-df do away with protection 
 from criminal responsibility, but is relevan" to the enquiry wln'ther the 
 process, etc., iniiflit not have been executed o" the arrest made Ijy reason- 
 able means less violently. 
 
 Every PE.4CE OFFlCEl{, wdio, with or without warrant, 
 and every priv.\te person who, without warrant, 
 proceeds lawfully to arrest a person for an offence 
 for which an arrest may be made without war- 
 
 rant, 
 
 and 
 
 I 
 
 
 > 
 
 Every one lawfully assisting a peace officer therein, 
 
 and 
 
 Every person proceeding lawfully to arre.st a 
 person for any other offence 
 
 'is, — if the person to be 
 arrested takes to 
 flight to avoid arrest, 
 — .JUSTIFIED in USING 
 FORCE necessary to 
 prevent his escape by 
 such flight ; unless 
 the escape can be 
 prevented by reason- 
 able means less vio- 
 lently. 
 
 \Provided, — as to a peace officer, in case of an offence for which an arrest cannot 
 I V)e made without warrant, and, as to a private person, in any case, — such 
 I force is not intended nor likelv to cause death or grievous bodilv harm. 
 
 a 
 
 •j: 
 
 
 32 
 
 S3 ■ 
 
 Every one who has lawfully arrested] is protected /'in using such force as he 
 a person for any offence for which I from criini- 1 reasonably believes ne- 
 aii arrest may be made without 1 nal respon- 1 cessary to prevent such 
 w-arrant or for any other offence | sibility, [ person's escape or rescue. 
 
 Providcil, — in case of an offence other than one for which an arrest may be 
 made without warrant, — such force is not intended nor likely to cause 
 death or grievous bodily harm. 
 
 ''in interfering to prevent its continuance 
 
 and 
 may detain any person committing or 
 about to join in or renew such breach 
 [ so as to hand him over to a peace officer, 
 
 I Provided he use no more force than necessary to prevent its continuance or 
 renewal or than is reasonably proportioned to the danger to be appre- 
 hended from its continuance or renewal. 
 
 / Every one who-v 
 
 witnesses a breach - is .JUSTIFIED 
 of the peace J 
 
 Every peace officer who wit 
 nesses a breach of the peace 
 
 and 1 
 
 Everyone lawfidly assisting him,[ 
 
 Hs .JUSTIFIED in arresting any one whom 
 
 I he finds committin<; or whom he on 
 
 reasonable grounds believes about to 
 
 join in or renew such breach. 
 Every pe.\ce officer is .justified in receiving into his custody, 
 
 any 'jinto his charge, as having j'by any one who has or whom such peace 
 erson^ " . . _ 
 
 I given J 
 
 person j- been a party to a breach- officer rea.sonably believes to have wit- 
 
 of the peace, 
 
 [ nessed such breach. 
 
6 
 
 lEvERY SHERIFF, deputy 
 sheriff, mayor or other 
 liead officer of a county 
 city, town or district, 
 and every magistrate 
 and justice of the peace 
 
 and 
 
 Every peace officer. 
 
 IS JUSTIFIED in 
 usiNO and or- 
 
 derintj 
 used 
 
 to be 
 
 "lis JUSTIFIED 
 / USIXCt 
 
 in 
 
 such FORCE as he in good faitli 
 and on reasonable grounds 
 believes necessary to SUP- 
 PRESS A Rlo'J", and as is not 
 disproportioned to the danger 
 he reasourtMv believes to be 
 appi-eliended from the conti- 
 nuanc*^ of the riot. 
 
 Every (JNE, — whether subject to military law or not, — 
 
 ^^ 
 
 r. 
 ■ji 
 
 !:2 
 
 who acts in good 
 faith upon orders 
 from the said au- 
 thorities to sup- 
 press a riot. 
 
 IS 
 
 IS 
 
 JUSTIFIED in obeying such orders, 
 
 unless they are manifestly un- 1 
 
 lawful , 
 
 and 
 
 PROTECTED from Criminal respon-/ Whether any such 
 sibilitv in usinjj such force as he/ order is mani- 
 reasonably believes necessary tov festly unlawful 
 
 or not is a QUES- 
 
 'ITOX OF LAW. 
 
 Every one, bound by' 
 military law to 
 obey his superior of- 
 ficer's lawful com- 
 mand. 
 
 carry such orders into effect. 
 
 is JUSTIFIED in obeying any com- 
 mand given him by his superior 
 officer for the suppression of a 
 riot, unless such ordei' is mani- 1 
 festly unlawful. 
 
 Every one, — whether subject to military law or not, — 
 
 who, in good faitli, reasonably 
 believes that serious mis- 
 chief will arise from a riot 
 before there is time to pro- 
 cure the intervention of any 
 of the authorities aforesaid, 
 
 is JUSTIFIED in USIXG sucli FORCE as he in 
 good faith reasonably believes necessary 
 to suppress such riot, and as is not dis- 
 proportioned to the danger he reasonabl}' 
 believes to be apprehended from the conti- 
 nuance of the viot. 
 
 Prevention 
 of offences. 
 
 /•Every one isl 
 
 JUSTIFIED in 
 
 USING such 
 FORCE as 
 may be rea- 
 sonably ne- 
 cessary 
 
 to 
 
 ■ PREVENT - 
 
 the commission of 
 any offence for 
 which if com- 
 mitted the of- 
 fender might be 
 arrested with- 
 out warriuit. 
 
 and the commission of 
 which would be li- 
 kely to cause imme- 
 diate and serious 
 injury to the person 
 or property of any 
 one ; 
 
 any act being done which he reasonably 
 believes would amount if committed 
 to any of such offences. 
 
EvERV ONE, unlawfully assaulted, not having provoked sucli assault, 
 
 ,.. J if the force he uses is nut uicaut tu cause death or 
 isjrsTiFiEDinrepellinor . i n i i • t\ 
 
 ,. , /. ^ "-^ srnevous bodily harm and is no more thau ne- 
 torce by force, | «^^^^^^ ^^^ ^^,1 ^^^^^^^^^^ 
 
 and 
 
 is JUSTIFIED though he 
 causes death 
 
 or 
 
 grievous bodily harm, 
 
 if he causes it under reasonable apprehension of 
 death or jjrievous bodily harm from the violence 
 of the assault originally made or with v.iiich it is 
 pursued, and if he reasonably believes he cannot 
 otherwise preserve himself from death or grievous 
 bodily harm. 
 
 1 Every one, who has, without justification, assaulted another or has pro- 
 voked an assault from that other, 
 
 
 ,, , (if used under reasonable apprehension of death or grie- 
 
 ' ' vous bodily harm from the violence of the person first 
 
 ' . ^ 'i assaulted or provoked, under reasonable belief of its 
 
 iibseauent to ... . i- f, ' ,- „ ,- i .i - 
 
 may 
 
 J 
 subsequent 
 
 Q< such assault. 
 
 a 
 
 ui 
 
 provoked, 
 necessity for his own preservation from death or grie- 
 vous bodily harm, 
 
 
 Provided he did not commence the assault with intent to kill or do grievous 
 bodily harm, and did not, — at any time before the necessity for preserving 
 himself arose, — endeavor to kill or do grievous bodily harm, 
 
 and 
 
 Provided that before such necessity arose, he declined further conflict and 
 quitted or retreated from it as far as practicable. 
 
 Provocatiox \ *"^^ ^ \ by hlow,s, words or gestures. 
 (. given j "^ 
 
 Every one is justified in usixo force 
 
 in defence of his own person, ^ from an assault ("Provided he uses ii(» more force 
 or that of any one under - accompanied- than necessary to prevent 
 
 his protection, 
 
 J with insult, \ such assault or its repetition; 
 
 But this does not justify the wilful infliction of any hurt or mischief dispro- 
 I portionate to the insult which the force was intended to prevent. 
 
 p: 
 
 < 
 
 > 
 
 c 
 
 S 
 
 C 
 
 o 
 
 Cb 
 H 
 
 Every one in peaceable posesssion'\ is justified in resisting 
 
 the taking thereof by 
 any trespas,ser,or in re 
 
 of any movealile 
 and 
 Ev £RY one lawfully assisting him. 
 
 taking it from .such 
 trespasser, 
 
 'if he does not 
 strike or do 
 bodily harm 
 to such tres- 
 passer. 
 
 The trespasser is deemed to commit an unjustifiable and unprovoked assault, 
 
 if, 
 
 any 
 
 after the party in peaceable [such trespasser persists in trying to keep 
 )S8ession has laid his hands^ take it from the possessor or any f> 
 
 \ lawfully assisting him. 
 
 possession 
 
 on such thing, — 
 
 or 
 ne 
 
8 
 
 u 
 
 S 
 < 
 
 > 
 
 c 
 
 IS 
 
 is 
 
 'EVLHY oXcl in peaceable possession ot" 
 an_y moveable UXDEK a claim of 
 
 KlUHT, 
 
 and 
 EVERV ONK actini' under Ids auiiiuiitv. 
 
 IS 
 
 protected 
 from 
 
 criminal 
 respon- 
 sibility 
 
 for defending such posses- 
 sion against a pei'son en- 
 titled l)y law to such 
 moveable, if he use no 
 more force than ne- 
 cessary. 
 
 /'but neither claimincr ns neither justified nor pro- 
 
 EvERY ONE, in peace- right thereto nor ac- tected from criminal respon- 
 
 uble possession of-, tini;' under the au-- sibility for defending his pos- 
 
 anv moveable, thority of one who session against one entitled 
 
 I claimsright thereto, I, by law to possession thereof. 
 
 a- 
 o 
 
 u 
 
 V 
 
 X. 
 o 
 
 Every one in peaceable' 
 possession of a dwelling 
 house, 
 
 and 
 
 Every one lawfully as- 
 sistinjj him or actinir 
 by his authority, 
 
 IS JUSTIFIED m USING 
 such FORCE as is 
 necessary to pre- 
 vent the forcible 
 breaking and en- 
 tering of such 
 house, by any per- 
 son, 
 
 fby NIGHT or DAY Ifi/A hiUnt 
 to commit any indictable 
 ott'ence therein, 
 
 or 
 
 BY XIOHT, if he believes, on 
 reasonable groumls, that 
 such breaking and enter- 
 ing is attempted w'ltlt. >^\ich 
 intent. 
 
 t 
 
 Every ONE in peaceable possession of ] is justified in using^ 
 
 force to prevent any 
 pei'son trespassing 
 
 any house or other real property, 
 and 
 
 Every one lawfully assisting him or 
 acting by his authority. 
 
 on such property or 
 to remove him the- 
 refrom, 
 
 if he uses no 
 more force 
 than is ne- 
 cessary. 
 
 The trespasser is deemed to commit an) if he resists such attempt to prevent 
 unjus<"itiable and unprovoked assault, J his entry or to remove him. 
 
 S 
 
 o 
 to 
 
 3 
 
 o 
 
 be 
 
 c 
 
 
 Every one lawfully entitled \ 
 
 , to the possession 
 
 \ of any house 
 Every one acting by authority of a or land, 
 per.son lawfully entitled, J 
 
 Any one not having peaceable po-sses'l is deemed to 
 sion or not acting under the au- 1 c o m m i t an 
 thority of one having peaceable ' unjustifiable 
 pcssession of any such house or 
 land, with a claim of I'ight, 
 
 and unprovo- 
 ked assault, 
 
 IS justified in pea- 
 ceably entering in 
 the day time to 
 take possession 
 thereof. 
 
 if he assaults anv one 
 so peaceably enter- 
 ing as aforesaid so 
 as to make him de- 
 sist from entry. 
 
 but 
 
 If any one having peaceable pos- 
 se.ssion of such house or land, with 
 a claim of right, 
 
 and 
 
 Vlf ANY ONE acting by his authority, 
 
 'assaults any one 
 enterinor as afo- 
 resaid, for the 
 purpose of mak- 
 ing him desist 
 from entry. 
 
 such assault is 
 deemed to be 
 provoked by the 
 person entering. 
 
9 
 
 a, . 
 o 
 
 A TARENT^ 
 a parent 
 master, 
 
 , or a person in place of [may lawfully i;sE force by way of cor- 
 it, a school- master, or a- rection towards any child, pupil or ap- 
 
 [ prentice, 
 
 Provided such force is, under the circumstances, reasonable. 
 
 The master or officer in com-'j may lawfully use rfor tho purpose of maintain-- 
 mand of a ship on a - force, reason-- ino- good oi'der and disci- 
 voyage, J able in degree, [ pline thereon, 
 
 Provided he reasonably believes such force necessary. 
 
 
 , 
 
 
 
 cS 
 
 _o 
 
 « 
 
 
 • 1— 
 
 '-3 
 
 tc a < 
 
 u 
 
 u 
 
 a 
 
 K 
 
 cc 
 
 O 
 
 Every ONE is PROTECTED [for performing with reasonable care and skill 
 from criminal respon--! any surgical operation upon any person for 
 .sibility, I 
 
 any ^^.^. 
 his benefit. 
 
 Provided that performing the opex'ation was reasonable, having regard to 
 the patient's state at the time and to all the circumstances. 
 
 C Every o'SE author- ") is criminally res- C according to the nature and 
 Excess. I ised by law to use ^- poxsihle for-^ quality of the act which 
 
 force. 
 
 ) 
 
 any 
 
 exce.ss, (, constitutes the excess. 
 
 Consent to 
 death. 
 
 Xo one I '. » Uo the infliction of death upon himself, 
 
 and 
 
 No such consent, ("has any effect upon the criminal responsibility 
 if given, (. of any person causing such death. 
 
 De facto law. 
 
 'Every one is protected from criminal responsibility, 
 
 Tdone in obedience to the laws for the time being 
 for anv f ' ^'^^'^^ ^^'^ enforced by those in possession (de 
 ^ ^ i facto) of the sovereign power in or over the place 
 
 [ where the act is done. 
 
 Part 111.— Parties to offences (Secs. 61 to 64). 
 
 < 
 
 p. 
 
 'A 
 
 Every one is a principal, 
 — i. e., a party to and 
 guilty of an offence. 
 
 ''1. who actually commits it, 
 
 2. who does or omits an act to aid its commission, 
 
 3. who abets any person in its commission, 
 .4. who counsels or procures its commission. 
 
 Each of several persons, who form a common intention to prosecute and 
 assist each other in any unlawful purpose, 
 
 is a party to every often- [if its commission was Ta probable conse 
 
 ce committed bj any 
 of them in prosecuting 
 such common purpose, 
 
 or 
 
 ought to have been known to be 
 
 quence of prose- 
 cuting such com- 
 mon purpose. , 
 
2 
 
 10 
 
 'Every one, who counsels or procures another to be a party to an offence, 
 
 is a PARTY to/if the party counselled (although committed differently fr)ia 
 that offence, Us afterwards ijuilty of it, [ that counselled or procured, 
 
 an.^ 
 
 /'which that other com- fand which he knows or ougrht to 
 
 :f" 
 
 »' 
 
 is a PARTY' to I mits in consequence | know to be likely to be com 
 ~ of such counselliui^^ mitted in consequence 
 
 or procurincj, [ counselling or procuring, 
 
 a: 
 
 w 
 t 
 
 (An ACCESSORY after the fact, 
 
 is one who receives, comforts or ( to enable him to escape, knowing 
 assists one who has been a party -j him to have been a party to such 
 to an offence, (. offence. 
 
 IXo MARRIED PERSON, — whose husband or wife has been a party to an offence, — 
 
 'shall become accessory after the/ by receiving, comforting or assisting the 
 fact thereto, I other. 
 
 IXo MARRIED WOMAN, — wliose husband has been a party to an offence, — 
 
 , ,, , /by RECEIVING, comforting or assisting, in his presence 
 
 shall become an ac- "^ i u i • xi -x i.i, u i, 
 
 fi. , i.1^ ' iind by his authority, any other person who has 
 
 ^ ' ^ , / , 1 been a party to such offence, in order to enable her 
 
 ' I husband or such other person to escape. 
 
 Every one, — who, — with intent to commit an offence, — 
 
 does or omits an act for Tis guilty of an attempt /"whether under thecircums- 
 the purpose of accom--! to commit the of- tances it was possible to 
 plishing the object, [ Tence intended, [ commit the offence or not. 
 
 Whether an act done or omitted with intent to commit an"j . ^ „„ ,..„„., 
 rr ■ • i. I i- i? -i • • 1 MS a question 
 
 offence is or is not only preparation tor its commission, and -- <? 
 
 too remote to constitute an attempt to commit it, ) 
 
11 
 
 TITLE II. 
 Offences against public order, internal and external. 
 
 Part IV. Treason and other offences against the Queen'' s person and authority 
 
 (Secs 65 to 78;. 
 
 the ACT of KILLING, fUER MAJESTY, 
 
 or 
 
 Her Eldest Son and heir apparent, or the 
 Queen Consort of any King of Groat 
 Britain and Ireland, 
 
 TO Her Majesty - 
 
 fANY BODILY HARM tend- 
 
 intf to death or des- 
 truction, maim or 
 woundinj', 
 
 or 
 
 FORMING and manifesting by an' 
 overt act, an intention to 
 
 KILL 
 
 or 
 the ACT of doing, 
 
 or 
 
 forming and manifesting, by an i 
 overt act, an intention to do; 
 
 or 
 
 the ACT of imprisoning or restraininsf, 
 
 or 
 
 forming and manifesting, by an overt act, an intention to 
 I imprison or restrain J 
 
 i or 
 
 ^ .conspiring with ^ to kill Her Majesty or to do Her any bodily harm 
 ^ I any other per- ^ tending to death or destruction, etc., or to imprison or 
 £ / son, j restrain Her, 
 
 Hk.r M 
 
 A J est Y, 
 
 no y 
 
 PS 
 Eh 
 
 or 
 
 (the LEVYING of 
 
 I WAR or cons- .. tt 
 piringtoLEVYk, ^^ 
 
 WAR J ^^IaJESTY, 
 
 AGAINST 
 
 a- I 
 
 (1) with intent to depose Her from the style 
 honor and royal name of the Imperial Crown, 
 
 or 
 
 (2) in order, by force or constraint, to compel 
 Her to chancre her measures or counsels or in 
 order to intimidate the British or the Cana- 
 dian Parliament, 
 
 or 
 
 INSTIGATING any FOREIGNER, 
 
 with force, to invade .[the United Kingdom, or Canada, or any other domi- 
 
 ''. nion 01 Her Majesty, 
 
 ASSISTING, 
 
 or 
 
 by any means whatsoever,! ^"^' P"^^^« ^^^^^"^ ^* '"'^"^ ^^'^'h Her Majesty, in 
 
 ( such war, 
 
 I VIOLATING, 
 
 Ol 
 
 with or without ra Queen CoNSORT,orthe wifeof the Eldest Son and heir ap- 
 her consent, \ parent for the time being of the King or Queen Regent. 
 
12 
 
 The A<r of tn'iis.ii);il>ly coxspiKiNVi luiil fvcrv uvrrt (. 
 
 4, f 1 ■ •' •' in an OVKHI' A' T ot THKASON, 
 
 act 01 sueli fuii-i|iiriicy, i 
 
 EVF.KV oNK is I'niltv of iin ( puTiislialilf vvitlil , 
 
 in.licUiblcorteuce. [ DEATH, j^^'"' co.nnnts TKKAsov, 
 
 JlMll SO is 
 
 (EvKiiV s(;i!.iE("r or /"(ii) who is or continues In urms a<^>iinsfc Hi-r Majthty, 
 cilizon of any within ('anaila, or 
 
 foreign state or (b) who r-oinniits any act of hostility therein, or 
 conntry at peace (e; who enters (.'anada with intent to levy war a<,Minst 
 
 Her Majesty, or to commit therein any imhctahle 
 , offence pufi.shablu in (Janaila with death, 
 
 a 
 
 witli Her Ma- 
 .)<-«ty, 
 
 and 
 
 Every siiyi;("r 
 of Her Majesty 
 within Canada 
 
 ''(d) wiio levies war against Her Majesty in company with 
 any snch ff)rei((ners, or 
 
 (e) who enters Cana(hi in their eoinpany witli inti-nt to 
 levy such war or commit any sucli otfence therein, or 
 
 (f) who, with intent to aid and assist, joins any person 
 who has entered Canaila witli intent to levy svich war 
 or to commit any such otfence therein. 
 
 a 
 c 
 
 o 
 
 V 
 
 o 
 
 X 
 
 en 
 o 
 o 
 u 
 
 < 
 
 'Every ohe is guilty of an i.vdictaule offen'ue, 
 
 1 1 (an ACCESSORY after) , 
 
 who becomes ] ,, -. , to treason', 
 
 ( the tact ) ' 
 
 or 
 
 who. knowing that a person i.s about to commit treason, 
 
 does X(yr,'j infor.m a Justice of the peace thereof, 
 
 with I ^_ 
 
 reasonable 
 
 :^] 
 
 or 
 
 , despatch, juse other reasonable endeavor to prevent its commission. 
 
 or 
 
 as 
 
 C 
 
 name of the Imperial (Jrown, etc. 
 
 or 
 O 1(b) to Levy WARrto compel Her Majesty to change Her 
 
 cS 
 
 
 /who formw an intention, 
 
 (a) to depose Her Majesty from the style lionor and royal\and who mani- 
 fests any such 
 intention, by 
 con sp i ri ng 
 with any one 
 to carry it in- 
 to ettect, or 
 V)y any other 
 overt act, or 
 
 (c) to move or stir | with force to invade the United King- | by publishing 
 any foreigner or f dom, or Canada, or any other of the 
 stranger -' Queen's dominions, etc., 
 
 or 
 JS, J against Her Ma- 1 measures or counsels, or 
 
 jesty in order by j to intimidate both or either of the Impe- 
 force orrestraint '^ rial or Canadian Houses of Parliament, 
 
 or 
 
 any printing 
 or writing, 
 
 or 
 
 who confederates, combines or conspires, with any person, 
 
 • do any « 
 violence. 
 
 to do any act of|in order to intimidate or to put force or constraint upon any 
 j Legislature, etc. 
 
13 
 
 or 
 
 01) who \\ iU'ulIy ami wit li intent T I'ltonnEs or litis any arm or dt-struc 
 to use tlic same to iiijiin- or ^ tivi- or dangerous thinn' \k.\1{ Her 
 
 s 
 
 alarm litr Majtihty 
 
 ( M'ljt'^ty. 
 
 or 
 
 ^ 111) who, wii- /(I ) I'olNTS aims (»r presents any firearm, loaded or'i 
 ^; fullv and unloade<l, or any other kind of arm, At or ni:ai{, 
 
 '^ \ wilii intent (2) hlscilAIUiKs any loaded arm, AT or NKAK, I 
 
 ^ / U) alarm or' (3) disciiaiujes any explosive material, xeak 
 
 2/ toinjureller (4) strikes or strikes at 
 
 '^ " ■" " [(.">) throws anything,', AT or n'(»x 
 
 
 Majesty, 
 
 Her 
 Majesty, 
 
 or 
 
 (c) who AITEMI'Ts to do any of the thinji[.s specitied in f>ara^'raph (l>}, 
 
 for any trai- 
 tijrous or 
 mutinous 
 purpose, 
 
 not l.ieing a 
 soldier or 
 
 or wlio, 
 
 /"endeavors to sEDrcE any person servin<j;(from his duty and al- 
 in Her Majesty's sea or land forces < leiriance to Her, 
 
 or 
 
 endeavors to entice (to commit any traitorous or mutinous 
 or stir him up I practice, 
 
 or who, 
 
 ENTICES or tries to entices to DEsEKT from or leave Her Majesty's 
 any soldier or sailor ) naval or military service, 
 
 ^ \ seaman m 
 
 £ Her Ma 
 
 1 jestv's 
 
 o service. 
 
 or 
 
 CONCEALS receives or assists ( 
 
 anv such deserter 
 
 knowinf? him to be one. (1) 
 
 Q 
 
 "43 /Every one is guilty of a summarv offente, 
 
 \ who RESISTS the ( of a warrant to break open a building to search for any 
 execution ) military or naval deserter, 
 
 or 
 
 = I who persuades C any militiaman, or any member of or person \ 
 
 or attempts to < engaged to serve in the Northwest Mounted --to desert, 
 persuade (. Police Force \ 
 
 or 
 
 who aids or assists ) , • i • i. i i *. x j 
 
 , . . , ,. > knowing him to be about to do so, 
 him in deserting, j " 
 
 or 
 
 whc CONCEALS or assists in 
 receiving any such man 
 
 ':} 
 
 knowing him to be a deserter. 
 
 (1) This offence is botli indictable and summary. 
 
14 
 
 iEvLiiY oN'E is guilty of an indictable offence 
 
 t / 
 
 :c = 
 
 who, 
 
 ENPEits or IS (\ iiny part (iti which ho is not eiitith'd to be) of a place 
 in Canada hehjnjj^iiii; to Her Majesty, heinj^ a fortresH, arsenal, 
 factory, "lockyard, camp, sliip, (jrfice, etc., 
 
 or, 
 
 ^ = iwhi'ii lawftilly roMiAlNs any document skftcli, plan, model, or know- 
 "= tl ; or unlaw fully I ledjijc of anytliing which he is not entitled to 
 
 obtain, or takes, without lawful authority, any 
 
 sketch or plan, 
 
 T. • — 
 
 ni any 
 
 place. 
 
 such 
 
 u 
 
 G 
 
 or 
 
 c 
 
 c 
 u 
 
 O 
 
 when outside any fortress, /TAKES oi attempts to take, without an- 
 ar.senal, factory. dock-| thority given by (jr on behalf of Her 
 yard or camp of Her I Majesty, any sketch or plan of such 
 Majesty in Canada, [ fortress, etc., 
 
 or, who, 
 
 knowingly having or controlling /'at anytime, wilfully and without lawful 
 
 authority, communicates or attempts to 
 connnunicate IT to any person to whom 
 it ought not in the interest of the State 
 to be, then, communicated, 
 
 / any sueh document, sketch, 
 .a \ plan, model or knowledge as 
 has Vjeen obtained by means of 
 any such offence, 
 
 or, who, 
 
 after having been entrusted in confidence by rwilfully and in breach of mch 
 any officer of Her Majesty with any docu- confidence,coMMUNiCATEs the 
 ment, sketch, plan, model or information same, when in the interests 
 ••elating to any such plan as aforesaid or to 
 Her Majesty's naval or military affairs, 
 
 or, who, 
 
 having any document relating to any /at any time wilfully communicates 
 
 of the State it ought not to 
 be communicated, 
 
 fortness etc., belonging to Her Ma- 
 jesty or to Her naval or military 
 affairs, in whatever manner obtained 
 
 or taken, , 1 
 
 or, who, 
 
 the same to any one to whom he 
 knows iit ought not in the inte- 
 rests of the State to be commu- 
 nicated at the time, 
 
 by means of his office under Her 
 Majesty, has, lawfully or un- 
 lawfully, obtained any docu 
 
 and at any time, corruptly or contrary to his 
 official duty, communk'ATES or attempts to 
 communicate the same to any person to 
 ment, sketch, plan, or model, whom it ought laot in tl^e public interest to 
 or acq.uired any information, \ to be communicated at that time. 
 
 Holders of offices under He4' Majesty include persons having and employees of 
 persons having with the GoverBment (Imperial, Canadian or Provincial), 
 any contract involving an obl-igation of secrecy. 
 
15 
 
 Part. V. Unlawful uHsemblies, Riofn, FireacheH of the Peace 
 
 (Secs. 71) to y«j. 
 
 7". 
 
 b3 
 ■A 
 
 ■r. 
 
 /An UXI.AWIUL A>.sL.Mi!i,v is an asaembly of three or more persons, who, — 
 
 witli intent 
 to curry 
 out liny 
 conunon 
 p u r p () - 
 
 assfniblo in such 
 ii manner, (^r 
 so conduct 
 t h *' m sel vc s 
 wliun assem- 
 
 . hied, 
 
 as to cause persons in the neii,ddi(irhood of such 
 assembly to fear that they will disturb the 
 peace tumultuously, or will, by such assem- 
 lily, needlessly ami without any reasonalile 
 occasion, provoke others to <listurb the peace 
 
 , tumultuvyusly. 
 
 ^ Persons i,a\vii,ij,v asse.miu.ei), 
 
 I I l^'y conihictint;- tliemselves with a common purpose in 
 
 may become an ^^^^j^ ^^ mannei- as would have made tlieir assembliuij 
 unlawrul as- 
 
 sembly, 
 
 I unl 
 
 unlawful if they had assembled in that manner for that 
 
 pose. 
 
 An assemVdy of 
 three or more- 
 
 persons, 
 
 to protect the house of one of their number'i 
 
 against persons threatening to break and I is not unlaw- 
 I enter it in order to commit any indict 'blel ful. 
 \ offence therein, ) 
 
 A Riot is an unlawful | whicli has begun to disturb the peace tuniul- 
 assembly, j tuously. 
 
 Every member of an unlawful assembly," 
 and 
 
 lEVERY RIOTER. 
 
 is guilty of an indictable 
 
 OFFENCE. 
 
 ' It is the DUTY 
 
 of EVERY SHERIFF, mayor or other head ''to resort to and read openly and 
 
 officer and justice of the peace of a 
 county, city or town, having notice 
 of twelve or more persons being riot- 
 ously assembled together within his 
 jarisdiction, 
 
 kmdly, at the scene thereof, a pro- 
 clamation, in the Queen's name, 
 commanding such persons to dis- 
 perse, on pain of iraprisonment 
 for life, 
 
 |All persons are gwilty of an indictable offevce, 
 
 who, 
 
 with foro€ and f wilfully oppose hinder or hurt any one who begins or is 
 arms, \ aboiat to ma4c8 the proclamation, whereby it is not made, 
 
 or wlio 
 
 cc«s'TiNFE together, f f or thirty minules aftst' it is made, oj-, if they know 
 to the number erf \ that its making w^as hiaidei:ed witbin thirty minwtes 
 , twelve, ( afitei' su«h hindrance. 
 
16 
 
 o 
 
 <- 
 
 PS 
 
 .S 
 
 5 
 
 P3 
 
 It is the DUTY 
 
 Of every such sheriff,' 
 
 ^*^' ' and 
 
 of all persons re- 
 quired by thein to 
 assist J 
 
 to CAUSE the persons 
 riotously assembled 
 to be apprehended 
 and carried before 
 a justice of the 
 peace, 
 
 if thej'ortwelve or more of them 
 continue together and do not 
 disperse forthe space of thirty 
 minutes after the proclama- 
 mation is made or after its 
 hindrance, 
 
 An:i if any of the assembled persons is killed, or hurt in apprehendint^ or 
 trying to apprehend or disperse them, by reason of their resistance, 
 every person ordering their appvehension or dispersal and every person 
 executing such orders is indemnified against ail proceedings in respect 
 thereof. 
 
 All persons riotoi'sly assembled are guilty of an indictable offence, 
 
 
 o 
 
 c 
 
 who, unlawfully, and with force, 
 DEMOLISH or pull down, or begin 
 to demolish or pull down 
 
 or 
 
 who, unlawfull}-, and with force, 
 INJURE or damage, 
 
 any buildings or machinery, fixed or 
 moveable, or anj- erection used in 
 farming or in carrying on any trade 
 or manufacture or the business of 
 any mine or any bridge, wagon or 
 track for conveying minerals from 
 any mine. 
 
 It is NO defence that the offender believed he had a right to act as he did, 
 iinless he had such right. 
 
 The Governor-General may, f prohibit training or drilling in the use of arms, 
 by proclamation, ( etc., 
 
 And 
 
 id every ONE who contravenes). •,, c ^^-^^^.^.^^-r, r.^,T^^r^r^ 
 , 1 ,- MS guilty of an indictable ofience. 
 
 such proclamation, ) '^ -^ 
 
 u 
 
 a 
 
 c 
 
 PiVERY ONE commits the indictable offence, 
 
 of forcible f who, whether entitled or not, enters on land 
 ENTRY, ( in the actual possession of another. 
 
 of forcible 
 detainer 
 
 or 
 
 who, being in actual possession of land, 
 
 without color of right detains it against 
 
 . a person entitled by law to its possession. 
 
 in a manner li- 
 kely to cause a 
 breach of the 
 peace or rea- 
 sonable appre- 
 hension there- 
 of, 
 
 
 rAn affray is ("in any public street or highway or in") , ,, , ^ , , 
 
 the act of J. any other place to which the public 
 fighting, (, have access. 
 
 public. 
 
 < And every one is guilty of ) , . , . . ^ 
 
 Tv-.^,^.n.,.rx. ^^.^r..,v,T, >• who takes part in an affray. 
 ^ an indictable offence, J ^ -^ 
 
17 
 
 ■ And so is every one, 
 
 who CHALLENGES 
 
 or 
 
 «i 
 
 who endeavors.by any nieans,to PROVOKE 
 
 vEj 
 
 any person to tight a duel, 
 
 or 
 
 .who endeavors to provoke any person to challenge any other person to do so. 
 
 / A PRIZE FIGHT is 
 
 / 
 
 XL 
 
 An ENCOUNTER or Hglit, ) between two persons who have met t"(jr such pur- 
 with tists or hands, | pose by prior arrangement made by or for them. 
 
 Every one coiniuits a summary offence, 
 
 who SENDS or publishes or causes to be sent or' 
 published or otherwise made known, 
 
 or 
 
 who ACCEPTS or causes to be accepted 
 
 or 
 
 a CHALLENGE to FIGHT a 
 
 prize-fight. 
 
 '** [ who goes into training preparatory to 
 
 or 
 who acts as trainer to any person who intends to engage in 
 
 or 
 who engages as a principal in 
 
 or 
 
 who is present, as an aid, second, surgeon, umpire, backer, 
 assistant or reporter at 
 
 or 
 
 who, being: an inhabitant or resident of Canada, leaves 
 \ Canada with intent to engage, outside of Canada, in / 
 
 ) a prize-fight. 
 
 02 
 
 
 o 
 
 a 
 
 'Evert one is i^uilty of an indictable offence, who incites any three or 
 more Indians, non-treaty Indians or half breeds, apparently acting 
 in concert, 
 
 (1) to make ary demand of any Government agent or servant,'! , » f /^ f 
 
 in a riotous manner, or in a manner ^^ ^^ 
 
 I cause a 
 
 or j breach o,f 
 
 [(■2) to do any act J the peace.',. 
 
18 
 
 Part VI. Unlawful vse and poHsession of explosive .substances and offensive 
 iceapons. — Sale of liquors (Secs. 79 to UH). 
 
 Every one is guilty of an indictable offence, who, wilfully, 
 
 CAUSES, by any explo- ( an explosion likely to endan- (whether any injury is 
 sive substance, 1 cjer life or to seriously injure, ( actually caused or not. 
 
 or 
 
 does any act, with intent, to cause 
 
 conspires to cause, 
 
 or 
 
 MAKE 
 
 ses 
 
 by an explosive! , , . 
 
 or 'substanc^e, J any such explosion. 
 
 ^ES, or posses- /'with intent, by means thereof, 1 whether any explosion 
 ;s, or controls! or to enable any t)thtr perhon, | occurs or not, and whe- 
 any explosive | by means thereof, toendancjerj ther any injury is caused 
 substance, \ life orseriously injure property,' or not, 
 
 or 
 
 who MAKES or knowingly possesses or controls an}- explosive substance, 
 
 under circumstances raising a reasonable "| unless he can shew that he made or 
 suspicion that he does not make, possess >■ possessed or controlled it for a 
 or control it for a lawful object, ) lawful object, 
 
 or 
 
 who HAS or CARRIES 
 
 any offensive") for any purpose dangerous to the public 
 weapon ) peace 
 
 or 
 
 who is FOUND with goods LIARLE to SEIZURE or forfeiture ( and CARRYING 
 i.ndt-r any Inland Revenue or Customs law, knowing ■< offensive wea- 
 them to be so liable, (. pons 
 
 a: 
 C 
 O 
 
 OS 
 
 <L> 
 > 
 
 c 
 C 
 
 It is a SUMMARY OFFENCE 
 
 For TWO or more persons fin ;i public place, in a manner and under cir- 
 to oi'ENLY CARRY of- 4 cumstances calculated to cause terror and 
 fensive weapons, (. alarm 
 
 or 
 
 For a CIVILIAN, 
 
 who has no certificate of exemption^ to have on his person A PISTOL or air- 
 and who is not in reasonable feur[ gun, elsewhere, than in his dwelling 
 of injury to his person, family orj house, shop, warehouse, or counting 
 
 property, j house. 
 
 Upon being shewn") a justice may grant to an applicant (not under 16), of 
 sutheient cause - discretion and good character, a certificate of exemp- 
 \ upon oath, ) tion from this law for 12 months. 
 
19 
 
 C 
 O 
 
 > 
 
 a 
 
 lEvERY ONE is guilty of a summary offence 
 
 wlio SELLS or [any pistol or air- [unless he establishes that he personally 
 gives, to a) gun, or any am- ( used diligence to ascertain the mi- 
 minor un-'i munition there-' nor's age and had good reason to believe 
 der 16, \ for, { him to be not under 16. 
 
 or 
 who sells any pistol or ) without keeping a record of such sale, with 
 
 air-gun ; 
 
 ■} 
 
 details 
 
 or 
 
 who, when arrested, 
 
 or 
 
 who, with intent therewith unlawfully to injure any 
 other person 
 
 has, upon liis person, a 
 pistol or air-gun ; 
 
 or 
 
 who, without law- ") points at") any fire ar: 
 ful excuse, J another j unloaded ; 
 
 ARM or air-gun, whether loaded or 
 
 or 
 
 1 V- i. L- '^ anv HOWIE KNIFE, dagger, dirk, metal knuckles, 
 
 who CARRIES about his :^^^^^ crackers, slung shot or other such like of- 
 I)erson I <• • - t^ 
 
 ' J tensive weapons ; 
 
 or 
 
 who secretly CARRIES] • , 4. r ^ . ..r^r. „<■ f k^ ^.,.1 • 
 
 , , , . [ any instrument loaded at the end 
 
 about his person j 
 
 or 
 
 who SELLS or exposes for sale, ) , 
 
 , ,• , • i. 1 f any such weapon : 
 
 publicly or privately, j * '■ 
 
 or 
 
 who, beinij: masked or disijuised, carries ) r. 
 
 , ." , . . ° ' y any nre-arm or air-gun 
 
 or lias in his possession, j 
 
 or 
 
 who, not being thereto required by his lawful trade or calling, 
 
 is FOUND, in any^ town ) i ^ i • i ii i -c 
 
 • ■ ' y CAURYlNcJ, aliout his person, any sheath-kniie. 
 
 or city, j ' I ' J 
 
 It is NOT an offence 
 
 for any sol-lier, public officer, peace officer, sailor or"\ to caruy weapons 
 volunteer in Her Majesty's service, constable, or otht- 1- >- in tb(,> discharge 
 i policeman, ) of his duty. 
 
20 
 
 C 
 
 J 
 
 EvERV ONE is guilty of an indictable o'*"ence 
 
 , ,, .. p^, ., ,,) against tlie possession or sale etc., of any im- 
 
 theprovisionsotthe iVor/A f " , ^ ■>.■ „ ;.. ^.u^ t \.„;i- . 
 
 ■r tIt . .,. •. • , , r proved arm or ammunition in the iernto- 
 5 nemt lerrdoTiei< Act \ ^- 
 
 S 
 
 ries 
 
 or 
 
 V em- 
 St the 
 
 § tlieprovisionsof the Jt'/V - ^ .1 ■ ^ c 1 
 
 " rlpecfivq the Pre- «g^""«* ^^'^ possession etc ot weapons b; 
 
 i se'A'.xtiov of the Peace P'?^^'^^ «" ^"^ P*^^''*^ ^^ '^/■^^; ^^"^^ ;}-^'" 
 ^ m //.<-, F/cim«2/ 0/ Hale or possession, etc.)f intoxicating liquors 
 Public Works, J within certain limits. 
 
 or 
 
 t3 
 
 H 
 ■< 
 O 
 I— I 
 
 who, without the previous consent of the commanding officer, 
 (a) CONVEYS on board any of Iler Majesty's ships 
 
 or 
 
 (b) approaches or hovers about for the purpose of con- 
 veying on board tliereof, 
 
 any 
 
 'INTOXICATING LIQUOR, 
 
 or 
 
 (c) GIVES or sells to any man in Her Majesty's service 
 on board such ship. 
 
 Part VII.— Seditious Ofences.— {Sees. 120 to 126). 
 
 .Every one is iruiltv of an indictable offence. 
 
 X 
 ■< 
 
 o 
 
 (a) who ADMINISTERS 
 
 or is present at, or 
 consenting to the 
 administration of 
 
 
 or 
 
 (b) who ATTEMPTS to 
 
 induce or compel 
 any person to take 
 
 if. 
 
 or 
 
 (c) who TAKES. 
 
 SX) 
 
 to commit any crime punishable with death or 
 by more than 5 years imprisonment 
 
 or 
 
 ^'J^ (1) to engage in any mutinous or seditious pur- 
 's S pose, 
 
 I g (2) to disturb the public peace or commit or en- 
 l*^ is deavor to commit any offence, S>icyj,^i3 
 
 g. a. (3) not to inform nor give evidence against any 
 s 2 associate confpderate or other person, I. .,.;;-^.*! 
 u "^ (4) not to rev'al any unlawful combination or 
 confederacy or any illegal act done or to be 
 done or au}' illegal oath or obligation or en- 
 gagement administered tendered to or taken 
 >, I by any person, or the import of any such oath 
 § I obligotion or ejigagement. 
 
 Or3 
 
 x.a 
 
 < O 
 O -S 
 
 (') These provisions do not extend to any licensed distiller or brewer selling intoxicating 
 licjuor bj wholesale. 
 
21 
 
 otftinds against tlie above, shall not be excused, LTXLESS,- 
 within fourteen days after he, by information on oath before a justice of 
 
 g [Any one who, — under such compulsion as would otherwise excuse him, — 
 H ... .... 
 
 *=; 
 O 
 
 taking the oath or within 
 eight days from the cessa- 
 tion of actual force or sick- 
 ness which hinders him, — 
 
 the peace, declares the same and what he 
 knows touching it and the persons by whom 
 and in whose presence such oath, etc., was 
 administered or taken. 
 
 No OXE is deemed 
 to have a sedi- 
 tious intention 
 only l)ecause he 
 intends, in good 
 faith, 
 
 (a) TO SHEW that Her Ma.jesty has p^'EN misled or mis- 
 taken in Her measures, or 
 
 (b) TO POINT OUT ERRORS or defects in the Imperial or 
 Canadian or any provincial government, or in either 
 of the Imperial or Canadian Houses of Parliament or 
 in any Legislature, or in the administration of justice, 
 or to attempt to procure by lawful means the alter- 
 ation of any matter in the State, or 
 
 (c) TO POINT OUT, in order to their removal, matters 
 PRODUCING or tendinsr to produce hatred and ill-will 
 between different classes of Her Majesty's subjects. 
 
 c JSeditious WORDS are words 
 
 5 
 
 A Seditious Libel is a libel 
 \A Seditious coxspiracv is 
 
 ' [ expressive of 
 an agreement 
 
 between two or more persons to carry into 
 execution 
 
 I 
 
 a seditious intention. 
 
 Every one is guilty of an indictable offence, 
 who speaks any seditious words, 
 
 or 
 who publishes any seditious libel, 
 
 or 
 |who is a party to any seditious conspiracy, 
 
 or 
 
 C who,- 
 
 without) 
 
 1 ' £ I ;„^,4.j. I PUBLISHES, against any foreign potentate, ANY LIBEL tending 
 ^„ ,j ■' C to degrade him in the estimation of his people. 
 
 or 
 
 /who, — wilfully and"! publishes any) 
 \ knowingly, — j FALSE NEWS / 
 
 ikely to occasion mischief 
 to any public interest. 
 
 occtvsioning or 
 
22 
 
 Part VIII.— Piracy.— {Qecs. 127 to 130). 
 
 
 /Every one who does' 
 any act aiuountin<j; 
 to piracy by the 
 law of nations 
 
 5- 
 
 
 or 
 
 any of the pirati- 
 cal acts enumerat- 
 ed in sec. 128. 
 
 ■j: 
 
 U 
 
 C 
 
 punishable by life imprisonment 
 
 find 
 
 punishaVde with DEATH, if, in committing or 
 attenijiting to conniiit the same, the offender 
 murders or attempts to murder or assaults 
 with intent to murder or wounds any person, 
 or does any act likely to endanger the life of 
 any person. 
 
 Every masteij, ofBcer or sean)an of any merchant ship, carrying guns and 
 arms, is guilty of an ixdictami.e offence, 
 
 who DOES NOT, — -when attacked by any pirate, — fight,] if, by reason there- 
 and try to defend himself end his ship from being! of, the ship falls 
 taken by such pirate, or who DISCOURAGE.S others from into such pirate's 
 defending the ship. j hands ('). 
 
 (1) In addition to punishment by imprisonment, the offender is liable to forfeit to the 
 owner of the ship all wages due to him. 
 
23 
 
 TITLE III. 
 
 Offences against the Administration of Law and Justice. 
 Part IX. — Corruption and Disobedience. — (Sees. 131 to 144). 
 
 Every one is guilty of an ixdktahle offence 
 
 /(a) wlio, holdiiiLj any jmlicial office, or j'couiiUPTLV ACCEi'Ts or obtains or 
 I liiiiii^ !!• im-mber of Parliament or of I agrees to accept or attempts to 
 a Leiijislature, [ obtain any bkihe, 
 
 or 
 
 (b) wlio CORRUPTLY GIVES or offers any such rribe, 
 
 or 
 
 os^(a) who, beinir a justice of 
 ^ 1 the peace or public officer 
 emploj'ed in prosecutinor 
 or (letectinj^ or punishing 
 offend ars, 
 ^! or 
 
 CORRUPTLY ACCEPTS or 
 obtains or ac^rees to 
 accept or attempts to 
 obtain ANY BRIBE, 
 
 with intent to interfere 
 with the due admi- 
 nistration of justice 
 or to help crime or 
 pi'otect any one from 
 detection or punish- 
 ment. 
 
 c 
 c 
 
 c 
 > 
 
 o 
 
 O 
 
 
 :(b) who corruptly drives or) ..i u • t t 
 
 «• .»•,. r T.?.,, ^ with anv such mtenr. 
 
 oners any such bribe, | 
 
 or 
 
 '(a) who OFFERS OR (JIVES 'i with intent to GET His assistance or influence to 
 anything, directly orl promote the procuring of any Government con- 
 indirectly, TO ANY go- I tract or its execution or payment, or any aid or 
 VERNMENTOFFlClAL,&c,I subsidy in respect thereof. 
 
 or 
 
 (b) who, bniticr a Govern- ) directly or indirectly ACCEPTS or agrees to accept or 
 ment official, etc., j allows to be accepted any such offer, etc., 
 
 or 
 
 (c) who, on tenders being called for Government work, etc., 
 
 to withdraw his 
 
 , vw....^., ... to compen.sate him 
 ANYTHING to or for any tenderer, j for having done so. 
 
 or 
 
 (d) who, having .so tendered, accepts or receives"! for withdrawing such 
 or allow's to be accepted or received ANY'- 1- tender or for having 
 
 done so. 
 
 O directly or indirectly, with intent to obtain'! to induce him 
 _2 / the contract therefor, gives or offers - tender, or to 
 
 thing 
 
 J 
 
 or 
 
 (e) who, being a Govern-) directly or indirectly, 
 ment official, etc., j receives any'THING 
 
 for assisting or favoring 
 any one in any business 
 with the Government, 
 
 or 
 
 Who GIVES or offers any such gift, etc.. 
 
24 
 
 / <^r 
 
 I (f) who, by reason of or under pretence of having (Government influence, 
 
 DEMANDS, exacts or^ ANY REWAHD. etc., for PUocijRiN'G, from the Govern- 
 receives, from any.- ment, the PAYMENT OF ANY claim or any one's ap- 
 
 one, 
 
 J 
 
 POINTMENT to any offici;, etc., or any grant, etc., 
 
 or 
 
 who OFFERS, promises or pays to sucli person any such reward, etc., 
 
 or 
 
 S i(g) who, having any deaHngs with the Government, pays any commission 
 or reward, 
 
 or 
 
 > 
 
 c 
 
 O 
 
 ^/within a year before or after such dealings, without") to any Government 
 express, written permission of the head of the de- > employee, official, 
 partment, makes any gift, etc., j etc., 
 
 or 
 
 .t- /(h) who, being a 
 Government 
 employee or 
 officer, 
 
 demands, exacts or receives 
 
 or. 
 
 without sueh written permission as afore- 
 .' said, accepts or receives j 
 
 any such gift, 
 etc., 
 
 or 
 
 (i) who, having any Government contract and any claim by reason of it, 
 subscribes, furnishes, } any money, etc., to promote the election of any can- 
 \ or gives or promises j uidate to parliament, etc., or to influence any election. 
 
 Every person convicted of any of the foregoing is incapable of holding any 
 Government contract or oflice. 
 
 Every public officer commits an indictable offence. 
 
 who, — in the dischnrge of) commits any FRAUD or breach of trust affecting 
 . the duties of his office, — j the PUBLIC 
 
 /It is an INDICTABLE offence, 
 
 p 
 
 .2 
 '■3 
 c- 
 
 a 
 
 u 
 
 o 
 O 
 
 'a 
 
 
 for ANY ONE to directly 
 or indirectly bribe or 
 ofl'er to bribe any 
 member or officer of 
 a municipal council, 
 
 
 
 to vote or abstain from votinjj 
 council or connnittee for 
 or ngaiust any measure, etc., 
 or 
 
 \ lO V( 
 
 (a) of inducing! in 
 such member, j 
 
 (b) of inducing-j to aid or prevent any vote or 
 such member!- the grant of any contract, 
 or officer, ^ etc, or 
 
 "^ to perform or abstain from per- 
 
 (c) of inducing! forming or to aid in per- 
 such officer, j forming or preventing any 
 
 J official act ; 
 
 or 
 
 for ANY member or officer") (d'* TO accei»t any such bribe or otter of a bribe, 
 of a municipal coun- [• or 
 oil 3 to act as above in consideration thereof ; 
 
25 
 
 § 
 '•S 
 
 9 
 u 
 
 C 
 O. 
 
 is 
 
 '5 
 s 
 
 S 
 
 or 
 
 for ANY ONE to 
 ATTEMPT, by 
 threat, deceit, 
 etc.. 
 
 ' (o) to INFLUENCE any such mkmhek in ,1,'ivint; or with 
 lioMin<; his vote for or ag.iinst any nic.xsure, etc., or in 
 not atteniHnr' any meutinu; of council or committee, 
 
 or 
 
 (f) to INFLUENCE any such memmkr or offickk to aid or 
 prevent any vote or the j;rant of any contract, etc., or to 
 perform or altstain from performing;- or to aid in per- 
 fonnint; or preventing any otticial act. 
 
 Every one is fjuilty of an indktahle offence who, 
 
 /(a) sells or a^ree to sell 
 
 or 
 
 receives or afjrees to receive any rewarl 
 or profit on the sale of 
 
 or 
 
 ^ any appointment to or re- 
 sij^nation of any otHce, 
 
 or 
 
 any consent thereto ; 
 
 (h) purchases, or gives anything for ) any such appointment, resignation 
 
 the purcha.se of 
 
 ■} 
 
 or consent, 
 
 or 
 
 c 
 
 s 
 
 -r /(a) receives or agrees 
 to receive anything 
 
 o 
 
 « \ ^ 
 
 o 
 
 s 
 
 Q 
 
 agrees or promises to <lo .so : (') 
 
 or 
 
 for any interest, request or negociation about any 
 office, or under pretence of using such interest, 
 
 etc., 
 or 
 
 (b) gives or procures to be given any profit or reward,") for any such in- 
 or makes (jr procures to be made any agreement for > terest,request or 
 giving any profit or reward, 3 negociation, 
 
 or 
 
 (c) solicits, recommends or negociates, in any^ . i. a.- e 
 
 ^ ^ ' , • . '^ ^ X ' ■ '^ f ni expectation oi any 
 
 manner, as to any appomtment to or resigna- > ^ , in, 
 
 .- e xii V reward or profit, 
 
 tion 01 anj' office, ) ^ 
 
 or 
 
 (a) keeps any office 
 I or place 
 
 for transacting or negociating any business relating 
 to vacancies in, or the sale or purchase of, or ap- 
 pointment to or resignation of offices. 
 
 every crown office, 
 
 • md all commissions, civil, naval and military, 
 
 and all places and employments in any public department or office what- 
 ever, 
 
 iind all deputations to any such office, 
 
 and every participation in the profits of any office or depu- 
 tation. 
 
 (') Every one who commits any such offence, in addition to any other penalty thereby 
 incurred, forfeits all right in the office and is disabled for life from holding the same. 
 
26 
 
 Every one is jjuilty of an inoictahlk offence. 
 
 e 
 
 
 s 
 
 CO 
 
 O 
 
 who, — witlioiit law- 
 ful c'xcuso, — .liso- 
 liev^. 
 
 ''anv Dominion ok Pii»»vinxmal stati te, Ity wilfully 
 (l(>in>; what it forbi'lsi, or oniittitiL,' to du what it 
 rer|uiivs, 
 
 or 
 
 AXV LAWFUr. ORDEU, (other than for the payment of 
 Mioney), of any CoruT, etc. 
 
 or 
 
 'wln\ beinfj a shoiitf' <leputv sheriff, mayors -.i ^ i i 
 
 .. «.K .1 1 04 •, ^^ c ii OMITS. — without reasonable 
 
 or otiier head otticer, ustict; or the peace, ^ , 
 
 etc.. havinf; notice that there is a riot with- 1 
 in his jurisdiction, 
 
 or 
 
 who, — having reasonable notice to assi.st any 
 sheriff, etc., tosrpi'KEss a RioT, or to make 
 an arrest, or to preserve the peace. — 
 
 e.xcuse, — to do His duty 
 in suppRESsiNf} such RIOT 
 
 OMITS, without reasonable 
 excuse, to do so. 
 
 or 
 
 
 . / 
 
 
 u 
 
 -ts 
 
 -»:> 
 
 u 
 
 J>_ 
 
 3 
 
 .M 
 
 
 •t- 
 
 f-N 
 
 
 
 
 o 
 
 u 
 
 u 
 
 a; 
 
 M 
 
 ^ 
 
 i 
 
 X 
 
 
 o 
 
 who, — beinij a sheriff, under sheriff, co- 
 roner, elisor, liailiff, constable, or other 
 officer entrusted with the execution I 
 of any writ etc., — 
 
 wilfully MISCONDUCTS HIMSELF.in 
 
 its execution, or, wilfidly and, 
 without the con.sent of him in 
 who.se favor the writ, etc., was 
 i.ssued, makes a FALSE RETURN. 
 
 or 
 
 e^ 
 
 
 ^ 
 
 
 
 
 •^ 
 
 
 
 a 
 
 
 
 _o 
 
 CO 
 
 
 'S 
 
 u 
 
 
 s 
 u 
 
 8' 
 
 
 K 
 
 *^ 
 
 
 ^ 
 
 
 
 O 
 
 
 ^ 
 
 'who RESISTS or wilfully ") any public officer in the execution of his duty,or 
 OBSTRUCTS, 3 any person aiding such officer. 
 
 And EVERY OXE is guilty of a summary offence. 
 
 who resists") any peace officer in the execution f)f his duty, or any per- 
 or wilfully > son aiding him, or any person lawfully executing a process 
 obstructs, ) against lands or goods or making any lawful distres^;. 
 
 Part "K.— Misleading Justice. — (Secs. 145 to 158). 
 
 1-5 ■ 
 
 /Perjury is an assertion, as to a matter of fact, opinion, belief or knowledge, 
 made, by a witness, 
 
 in a JUDICIAL proceeding, as part of his] he knowing such assertion to 
 evidence, whether such evidence is given [ be false, and intending it to 
 under oath, in open court or by affidavit or I mislead the Court,jury,or per- 
 othervvise, or whether it is material or not, ' son, holding the proceeding. 
 
 ic^.,.^.. • 1 1 1 evidence) on tho voh' dire, and before the Grand 
 
 Evidence includes, - • - t 
 
 j given, j Jury. 
 
 Every person, whor^ 
 actually gives his evi- V 
 dence, is A witness, j 
 
 hether competent to be one or not, 
 and 
 
 whether his evidence was admissible or not. 
 
37 
 
 IN oi under tlie authority of nny CoruT <>f Justice, or 
 I l)et"()ri' a CJUAXI) Jli:v, or 
 
 licfore tlu- Sknate or HorsK of Commons, or nny coni- 
 niittce of either of thoni, or 
 
 before any LE<ilSLATlVK ('oi'NClL, Le-'i empowered by 
 ;jislrttive AssfiiiMy, or Ilonsi; of As- law to athninis- 
 seiiibly, or any Coniniittet' thereof, J ti-r an oalb, 
 
 or 
 
 3. Every proeeed- 
 ini; is .H'DICIAL. 
 wliich is held 
 
 before any .irsTICE of the l'EA<E,or 
 any arbitrator or umpire, or any 
 person or body of persons, 
 
 or 
 
 autlioiised by law 
 or Ity statute to 
 make an en(|niry 
 ami take evidence 
 upon oath. 
 
 before any LEGAL THiHrNAL by which any legal right or 
 liability can be established, 
 
 b 
 
 
 or 
 
 before any person 
 acting as a CoUHT, 
 Justice or tril»unal 
 having power to 
 hold sucli judicial 
 proceeding, 
 
 whether dulv constituted or not, and 
 whether the proceeding is duly 
 instituted or not before such court 
 or person so as to authorise the 
 holding of the proceeding, and 
 although such proceeding washeld 
 in a wrong place or was otherwise 
 invalid. 
 SuHOiiNATiON of perjury is 
 
 counselling or procuring a person to) any perjury which is actually cora- 
 connnit J mitted. 
 
 Every one is guilty of an indictarle offence, 
 
 who commits, V'^""'^^^'' «'' , . 
 
 ') SUBORNATION 01 perjury, 
 
 or 
 
 who, being required or authonsedl . , ,,.,,„„ j. *. i i- u 
 
 1 , ^ b , , , thereupon makes a statement which 
 
 by law to make any statement on {,, ., ■,. , . • ,• 
 
 _''^,, a, i.: ^"^ „ __i ,1. r would be perjury it made in a judi- 
 cial proceeding. 
 
 oath or affirmation or solemn de- 1 
 claration, J 
 
 O 
 
 o 
 a; 
 
 i% 
 
 Oi 
 
 fcX) 
 
 wilfully and corruptly 
 upon such oath, etc., 
 deposes to or makes 
 any FALSE stateme.vt 
 as to any such fact, 
 etc.. 
 
 who, — having taken or made any oath, affirm- 
 ation, solemn declaration, or affidavit, when' 
 by any law it is recpiired or permitted that 
 facts, etc., be veriti.-d upon oath, etc. — 
 or 
 upon oath, affirmation, or solemn declara- 
 tion, deposes to the truth of any state- 1 thesamebeing 
 ment for so verifying such facts, etc., or [w h o I i y or 
 makes signs or subscribes any such I partly untrue, 
 ^ . affirmation, etc., J 
 
 I ' or 
 
 >. who, wilfully, and corruptly, makes, — 
 
 w before a competent person in Canada, l an}'' false affidavit, etc., for the 
 y but out of the province where it is - purpose of being used in any 
 to be used, J province in Canada. 
 
 who, — know- 
 ingly wilful- 1 
 ly and cor- 1 
 ruptly,— 
 
28 
 
 Every ONE is guilty of an INDICTABLE oFFENrE, 
 
 who, — upon any occasion on which lie is pt-r-'l inakcH a statement which 
 uiitted by hiw to iiiakc a statenifiit f)r tlcchira- 1 would amount to I'EIUUKV 
 tion htforc any authorist'd orticci- or notary, I if made on oath in a judi- 
 to bo ccrtiHt'd l»y him as such notary, — j cial proceeding, 
 
 or 
 
 wIk), — with intent to mislead any court of "| FAHllK'ATEs etidence by any 
 justice or person holdin<j a judicial pro-.- means other than perjury or 
 ceeding, — , J subornation of perjury 
 
 who CONSIMHES 
 
 to prosecute any person for any allegedlknowing him to be innocent 
 ort'ence, j thereof. 
 
 a -M 
 '5 2 
 
 'And so is every .lUSTlCE of the PEACE or other person 
 
 who ADMINISTEUS or causes or allows to bc'j touching any matter or thing 
 administered, or receives or causes oral-,- whereof he has NOT.IUKIS- 
 lows to be received any oA'i'H or affirmation j Die IK »X or cogni/.ance. 
 
 This does not 
 extend to 
 any oath- 
 or affirma 
 tion 
 
 Before a justice of the peace, in any matter touching the 
 preservation of the peace or the ])rosecution, trial, or 
 punishment of any oti'ence, or re(|uired or authorized by 
 any law of Canada or of the province wherein it is 
 receiver! or administen'd, or is to be used, or recpiired 
 or authorized by the laws of any foreign country to give 
 validity to a writini; or to evidence designed to be used 
 in sucli foreign country. 
 
 « -EVERY ONE is guilty of an indictahle offence 
 
 g / f{a.) dlssuades or attempts to dissuade^ any person from 
 
 S I who, by threats, giving evidence in any cause or matter, civil or crimi- 
 ^ I bribes,or others nal, or 
 Ts \ corrupt means (b) ixfluence.s or attempts to influence any juryman in 
 
 -«^ 
 
 a 
 
 cs ) \^ his conduct as such, whether sworn as a juryman or not 
 
 or 
 
 who, (c), accepts such bribe, etc., to abstain from giving evidence, or on 
 
 a I account of his conduct as a juryman 
 
 
 or 
 
 o \who, (ti), wilfully atfempts, in any other way, to obstruct or defeat the 
 ^ course of justice. 
 
 or 
 
 who, — having brought or under color of bringing a"| whether any offence 
 penal action for any penalty, compounds such action, ,- has, in fact, been 
 without order or consent of court, J committed or not 
 
 or 
 
 , ^, , J. ^, 'unless he has used all 
 
 who, corruptly, takes any money or reward, directly ^^^ diligence to 
 
 or indirectly, under pretense or on account of help- I ^^^^^ ^j^| offender 
 
 ING to recover any money, etc., which, by any in- 1 ^^ ^^ brought to 
 
 dictable offence has been stolen, etc., . • i c -. ° 
 
29 
 
 a 
 
 Cm 
 O 
 
 C 
 
 KvFHY ONE is liable to n penalty of S2oO, who 
 
 For KFnritN of any pkopkioy stolkn or lost, and, in 
 advertising, uses any words purporting that no 
 tpiestions will 1)0 asked, or 
 
 fa) puhlicly adveu- 
 TisKs any hkwakd 
 
 u 
 
 2) 
 
 
 >) USES, in any pu-j\v<»ui)s i'rKi'OUTiN(i that a iieward will he given for 
 l)lic ADVEHTI.SE-- any property stolen or lost, without seizing or en- 
 t, I MENT, [ quiring after the per.scni producing it, or 
 
 (c) I'HOMlsEs, or offers, in any puhlic [for UETL'UN of property stolen or lost, 
 DVEHTisEMENi', to any pawn- the money lent on it or paid for it 
 
 [ or any other money, or 
 
 ADVEHTisEMENi', to any paw 
 broki-r or other person, 
 
 \(d) I'luxis or PUBLISHES any such advertisement 
 
 EvEUV ONE is guilt}' of an indictable offence, 
 
 who knowingly and wilfully (when a certificate (with respect to the execu- 
 SKiXs a FALSK <'EUTIFICATE or declaration is tion of .M'DiniENT of 
 or d(!claration, [ reipiired, [ DEATH on any person. 
 
 Part XI. — Escapes and Rescues. — (Sech. 159 to 169). 
 
 •| Every one is guilty of an indictable offence, 
 who, — while under sentence of impri-lis at large in Canada, without lawful 
 
 sunnient. 
 
 or 
 
 excuse, 
 
 who, knowingl}-, and wilfully, 
 
 ASSISTS any alien ENEMY, being a prisoner of) to escape from where he is 
 war in Canada, j detained, 
 
 or 
 
 X 
 
 s 
 
 I assists any such prisoner, while at large on hisl, 
 1 parole in Canada, j 
 
 ESCAPE, 
 
 or 
 
 who, by force and violence, 
 
 breaks any\with intent to set f himself or any other person contined therein 
 
 C"^ prison, j at liberty, _^ *\ on any criminal charge. 
 
 
 or 
 
 
 who attempts to break prison, or forcibly breaks outlwith intent to escape 
 of his cell, or makes any breach therein, j therefrom. 
 
 or 
 
 who, having been convicted) escapes from any lawful custody in which he 
 of any offence, J may be under such conviction, 
 
 or 
 
 who, whether con-) escapes from any prison in which he is lawfully con- 
 victed or not, J fined on any criminal charge, 
 
 or 
 
 -va&^ncii 
 
 |who, being in any other lawful jcustody on any cri-\ESCAPES from such 
 minal charge, J custody, 
 
O 
 
 <v 
 
 P3 
 
 u 
 
 CO 
 
 30 
 
 or 
 
 jwho RESCUES any person or assists 
 him in escaping or attempting to 
 
 '^ under sen- 
 tence, 
 
 [of death, 
 I ment, 
 or 
 
 or of iniprison- 
 
 esciipe from lawful custody ,(\vhe- after conviction of and before sentence 
 
 ther in prison or not). 
 
 or 
 
 for, or while in custod}^ on a charge 
 of crime, 
 
 K who, — being a peace officer and having any such'i , ^ ., , . , 
 
 ^ person in his lawful cu.tody, or beinj an officer r*t-"*'T/^^' """^ '''t'' 
 ^ of any prison in w hich any such person is lawfully j' ^lonally permits hm 
 
 i ( confined.- M^ ^«^^^P« therefrom 
 
 ® \ or ■' 
 
 him 
 to escape therefrom, 
 
 who, with intent to facilitate tho escape \ convevs or causes to be conveyed 
 of any prisoner lawfully confined, j anything into any prison, 
 
 or 
 
 who, knowingly and unlawfully, ') directs or procures the discharge of any 
 under color of any pretended >- prisoner not entitled to be so dis- 
 authority, ) charged ; 
 
 land such discharged person is held to have escaped. 
 
31 
 
 TITLE IV. 
 
 Offences against Religion, Morals and Public Convenience. 
 
 Part XII. — Offences against Religion.— (fiECS. 170 to 173). 
 
 Every one is guilty of an indictable offence 
 'wlio PUBLISHES any blasphemous libel. 
 
 h-5 
 
 CD 
 
 \Vl\ether any particular published matter is a blas-1 • ^^.t.. ...,.^»- c „ 
 
 , \-i 1 . ^ MS a QL ESI ION OI F 
 
 pheiiious libel or not J 
 
 ACT. 
 
 § No one is <j:uilty of a blasphemous libel 
 
 for expressing, in cjood faith, and in decent language^ 
 
 or 
 
 for ATTEMPTING to establish, by arguments used in 
 good faith and conveyed in decent language, 
 
 a. 
 
 any opinion whatever 
 upon any reli- 
 gious SUBJECT. 
 
 Every one counuits an indictable offence 
 
 who, bjr threats or force, fin or from celebrating divine service or otherwise 
 
 officiating in any church, chapel, or other place of 
 
 divine worship, 
 
 ^ or 
 
 in or from performing his duty in the lawful 
 BURIAL of the dead in any church yard or other 
 burial place. 
 
 X. 
 
 Cm 
 
 O 
 
 C 
 
 unlawfuUv obstructs 
 or prevents or en- 
 deavors to obsti'uct 
 or prevent any cler- 
 gyman or other mi- 
 nister 
 
 or 
 
 who STRIKES or offers^ 
 any violence to, or, 
 (on civil process or on 
 pretence of executing 
 a civil process), ar- 
 rests 
 
 1 u 
 
 
 > i; 
 
 
 sD ^ 
 
 
 -^ -^J 
 
 
 
 
 3 ^ 
 
 ^ 
 
 J — 
 
 ^ 
 
 ■Q C 
 
 -1^ . 
 
 ■X. 
 
 
 
 'A 
 
 ^ 
 
 ^^ 
 
 •^ 
 
 — ^ 
 
 ^ 
 
 si 
 
 
 rwho is engaged in, or to the offender's 
 knowledge, is about to engage in any of 
 the above rites or duties, 
 or 
 who, to the offender's knowledge, is going 
 to or returning from the performance 
 thereof. 
 
 g, TEvery one commits a summary offence 
 
 £ 
 s 
 
 D 
 
 T. 
 
 who, — by profane discourse, by rude or indecent" 
 behaviour, 
 
 or 
 
 by making a noise, either in or so near the 
 meeting place as to disturb the onier or soleni- 
 Q 1^ nity of the meeting, 
 
 wilfully disturbs, inter- 
 rupts or disquiets any 
 assemblage of per.sons 
 met for religious wor- 
 ship or for any moral, 
 social or benevolent 
 purpose. 
 
32 
 
 Part X.lll.—Offence.s against 3/om/t7y.— (Secs. 174 to 190). 
 >>j'F]vEUY <)\i: is fTuilty of an ixdktahle offevce 
 
 3) 
 
 ^ I who COMMITS or A'lTEMPS 
 
 R \ to commit 
 
 CQ 
 
 ■^ 1 ,.,T^^,.,.,,r ( either with a liumanbeint^ or any other 
 
 r BLGGLIli, 1 •• • ^ •/ 
 
 livintj creature. 
 
 .- LvEliY PAKENT and CHILD,] , i u-^. i j shall each be deemed i^uiltv 
 V .„ 1 . who cohabit or liave ^ i.; • i- i 1 1 n.- 
 
 ^ I everv HiiolilEU and SIS- 1 ,. , I t)t tile ludictahle ottence 
 
 .^1 TEll.'and every grand- (' -^^xji^i intercourse- ^j, ^^^^^^^ jf .^^^,^,.g ^j 
 -^ i i«ARE\T aiid GUAXDCHILDJ ^v lUi eacn otner | their consanguinity 
 
 rEvERV ONE is tfuilty of a summary offence 
 
 I in presence of one ) in any place to which the puVjJic liave 
 or more persons, j access, 
 
 H 
 Z 
 
 doesanjMN-- 
 decent act 
 
 or 
 
 ,in any place, intending thereby to insult or offend any person. 
 
 Every MALE person is guilty of an indictarle offence 
 
 who, in public or in private, 
 
 COMMIT'S or procures or attempts to procure ] any act of gross INDECENCY 
 the commission, by any male person, of j with another male. 
 
 Every one commits an indictable offence, 
 
 (a) publicly sells, or | any orscene book, etc., or any 
 exposes for public sale - pictnr^ etc., tending to cor- 
 or to public view, j rupts morals, 
 
 B 
 
 o 
 
 a 
 
 who, knowingly, ami 
 without lawful jus- 
 tihcation or excuse. 
 
 or 
 
 (b) publicly EXHIBITS any disgusting object or any 
 indecent show, 
 
 or 
 
 (c) offers to SELL.'jANY MEDICINE, drug or article in- 
 advertises,or has ' tended or represented as a means 
 for sale or dis- 1" of PREVENTING CONCEPITON or 
 posal, j 
 
 CAUSING ABORTION. 
 
 .S \ No ONE shall be convicted of any such offence, if he prove that the public 
 "o \ gooil w^as served by his alleged acts. 
 
 •" Whether the occasion of the sale, etc., is such as might be for" 
 the public good. 
 
 c 
 
 and 
 
 Whether there is evidence of excess, beyond what the public 
 good requires, in the manner extent or circumstances of the 
 sale, etc.. so as to atibrd justitication or excuse therefor, 
 
 but 
 
 are QUESTIONS 
 of LAW, 
 
 \\ heiher there is or i^ not such) . ^ ,^^ „„^^, n , , ,,,.,„ 
 
 IS a question for the jury. 
 excess, j 
 
 The MOTIVES of the seller, publisher, or) ^^^ jhrelevaxt. 
 exhibitor, ) 
 
 i 
 
33 
 
 ti 
 
 1-S 
 
 c s 
 
 3 
 
 Every one is guilty of an indictable offence who posts, for transmis- 
 sion or delivery by or through the post, 
 
 (a), (b), any obscene matter, letter, post-card, etc., 
 
 or 
 
 (c i any letter ) concerning schemes for defrauding the public or for 
 or circular ) obtaining money by false pretences, 
 
 or 
 
 who sedL'CEs or has il- \ any GIRL of previously chaste character of or above 
 licit connection with i the age of fourteen and UNDER SIXTEEN years, 
 
 or 
 
 who, under promise of marriage, 
 
 SEDUCES avd has illicit ) any UNMARRIED FEMALE, of previously chaste 
 
 character, under 21 years of age. 
 
 connection with 
 
 I 
 
 or 
 
 Iwho, — being a guardian, 
 SEDUCES or has illicit) 
 
 S5 
 
 o 
 o 
 
 - \ 
 
 !J2 
 
 connection with ) 
 
 his ward. 
 
 or 
 
 jwho SEDUCES or'jany FEMALE under 
 ' has illicit connec-j' 21, of previously 
 tioii with 
 
 'who is in his employ in a factory, 
 mill or workshop, or who, being in 
 a comrton employment with him 
 
 J cha.ste character, | therein, is, as to her work, subject 
 
 to his direction, 
 
 or 
 
 who, — being the master or an officer or a seaman or other person employed 
 on any vessel, — 
 
 SEDUCES and|any female passenger, — while"j under promise of marriage, 
 such vessel is in any water | or by threats,or by exerci- 
 within the jurisdiction of the j sing his authority,or by soli- 
 Canadian Parliament, — j citation,or making gifts,^c 
 
 has illicit I 
 
 connection 
 
 with 
 
 or 
 
 ..rUr. r,D/^^T.»r. . ^« 4. l^ny JI"' f^i woman under 21, not Ho have unlawtul 
 who PROCL RES or at- -^ ^ .-.. j. r i 1 
 
 ... ,• a common prostitute or or known y carnal connection 
 
 tempts to procure . i u i -.^i. 
 
 ^ * J immoral character, j with any person. 
 
 or 
 
 -«i9 
 
 ca 
 
 v 
 
 S 
 
 who INVFICLES or enticeslany .suchlx, ^, » .,,. .^ . ^ 
 
 to a > se of ill-fame or i Woman ^^'' *^^ P^^'P^^^ ^^ ^^''^^^ intercourse 
 assignation, _ J or girl, J or prostitution, 
 
 or 
 
 who knowingly conceals, in such | any such woman or girl so inveigled or 
 house, ) enticed, 
 
34 
 
 or 
 
 who PROCURES orlto become, in or out of Canada, a common prostitute, or 
 attempts to pro- 1 to leave Canada or her usual place"! with intent that she 
 cure any woman j of abode, (not a brothel), in Ca- - shall become an in- 
 or girl j nada, J mate of a brothel, 
 
 or 
 
 woman or gii 
 
 timidation. 
 
 from abroad 
 
 or WHO, 
 
 ) procures 
 
 j woman or yirl 
 
 or 
 
 an inmate of a brothel in Canada, 
 
 who PROCURES any ") to come to Canada \ with intent that she may become 
 'rl j from abroad j 
 
 or WHO, 
 
 by threats or in- 1 procures or attempts to procure any' 
 
 by false prett-nses^i procures any woman or girl, — not a 
 or false repre- > common prostitute or of known 
 
 prostitute 
 
 sentations J immoral character. 
 
 to have any unlaw- 
 ful carnal con- 
 nection in or out 
 of Canada, 
 
 or 
 
 B 
 
 .2 
 
 who APPLIES, administers to 
 causes to be taken, by any w 
 man or girl, any <lrug, intoxi- 
 cating liquor, etc., 
 
 or"! with intent to stupefy or over-power her, 
 o • I so as thereby to enable any person to 
 
 have unlawful carnal connection with 
 
 her. 
 
 or 
 
 a 
 S 
 
 / who, being the"! procures her to have carnal connection with any man other 
 
 \ parent or guar- [ than the procurer, or 
 
 dian of any girl j orders, is party to, permits or know- ") her defilement seduc- 
 or woman, j ingly receives the avails of | tion or prostitution, 
 
 or 
 
 who, being the owner and'jlN'DrCES or know-'ito resort to or be in or upon 
 occupierof any premises, I ingly suffers such premises for the pur 
 
 any girl under - 
 the age of six- 
 
 or having or acting or - 
 assisting in the manage- 
 ment or control thereof, ) 
 
 teen years 
 
 pose of being unlawfully 
 and carnally known by any 
 man, 
 
 or 
 
 who conspires"! by false pretences or false re-"|to induce any woman 
 with any- presentations, or other frau- - comiiiit adultery or 1 
 other person,] dulent means, J 
 
 to 
 for- 
 
 nication. 
 
 or 
 
 who, unlawfully and CAR-"! any female i diot or"! under circumstances shew- 
 NALLY KNOWS or at- J- imbecile, insane or[ ing that he knew her to 
 
 tempts to carnally know j deaf and dumb female,) be so, 
 
 or 
 
 1 ^ 11 «• ^knowing or having prob- 
 
 ,,..,, I allows or suiters any unen- , , ^ n urj.„:„„ 
 
 who, bemu the keeper n v j t j- able cause tor knowing 
 
 V L^ ^ y \ franchised Indian woman , . _ . „ xu„«^ 
 
 of any house, tent or - , , . • l she is or remains there 
 
 wigwam. 
 
 J 
 
 to be or remain in such 
 house, etc.. 
 
 to prostitute 
 therein, 
 
 herself 
 
35 
 
 or 
 
 O 
 <D -- 
 
 E ^-i 
 Q 
 
 who, beins an Indian] -^^j^^,^^^ herself therein, 
 woman, ^^ J 
 
 or 
 
 who, being an unen- 1 KEEPS, frequents, "^ A disorderly hoi'se, tent or 
 franchised Indian >■ or [• wigwam used for any such 
 
 ) is found in 
 
 woman. 
 
 
 wigwam 
 purpose. 
 
 Part XIV.— Nuisances.— (&EGS. 191 to 206). 
 
 A COMMON NUISANCE is 
 
 T, or"! ^'^^'^^^ ENDANGERS the lives, safety, health, property or 
 dis- [ comfort of the public, or by which the public are 
 
 •J 
 
 an UNLAWFUL ACT, 
 
 an OMISSION to 
 
 charge a legal du- j OBSTRUCTED in the exercise of any right common to 
 
 ty, j all Her Majesty's subjects. 
 
 Every one is guilty of an indictable offence 
 I /who commits! ^ 
 
 my com- 1 jo (endangers the lives safety or health of the public, or 
 mon NUi-j~ (^ occasions injury to the person of any individual. 
 
 SANCE, I * 
 
 Anv other common nuisance is NOT an indictable oti'ence. 
 
 Every one is guilty of an indictable offence, who 
 
 ARTICLES which he knows 
 to be UVFIT for HUMAN 
 food. 
 
 knowingly and wilfully exposes A ^^^ human 
 for SALE, (ir HAS in his possession [• p.^.^,^ 
 with intent to sell ) 
 
 i 
 
 IT. 
 Ol 
 T. 
 
 s 
 c 
 
 /A common bawdy house is 
 
 la house, room, set of rooms or place of any) kept for purposes of PROSTl- 
 kind, / TUTION. 
 
 A common gaming house is 
 
 a house, room or place, 
 
 (a) KEPT, by") to which persons resort to play therein. 
 
 
 any person 
 for gain, ) 
 
 at any GAME of chance, or mixed game 
 of chance and skill, 
 
 -F^. 
 
 o 
 
 X 
 
 or 
 
 (b) KEiTor used 
 for ] » 1 a y i n g 
 therein at any 
 game of chan- 
 ce or mixed 
 game of chan- 
 ce and skill, 
 
 1, in which a bank is kept by one or/ 
 more of the players exclusively of 
 the others, or ^ 
 
 2, in which any game is played the 
 chances of which are not alike 
 favorable to all the plaj-ers includ- 
 ing among the players the banker 
 or other person by whom the game 
 is managed or against whom the 
 game is managed or against whom 
 the other players stake, play or bet, 
 
 although part only of 
 such game is played 
 there, and nny other 
 pait i« played else- 
 where in (.'r dut of 
 C an ad a, a n d a 1- 
 though the stake or 
 any money, valuable 
 or property flepend- 
 ing on the game is 
 elsewhere, in or out 
 of Canada. 
 
36 
 
 A COMMON HETi'lNfi HOUSE is 
 
 •A HOUSE, office, room or place kept for the purpose 
 
 M, the owner, occupier or keeper thereof, 
 
 (a) Ot METTlNti 4, • i.1 ^ 
 
 ^ , ' 2, anv person using the same, 
 
 itftwfi-n per- ., " ^ ° i i j i_ .- e 
 
 f^ :i, any person procured or employed by or actinof for or <>n 
 
 sun> lesur - i,t,]ia]f of any such person, 
 
 any person having the care or luauairement, or, in any 
 manner, conducting the business thereof, 
 
 i n i;- tlit'it-tc) 
 and 
 
 or 
 
 (1)^ of any mone^ 
 or vaiuabU; thing 
 being received by 
 or on behalf of 
 .such person as the 
 consideration, 
 
 1, for any assurance or undertaking, express or implied, to 
 pay or give, thertafter, any money or valuable on any 
 L'vent or contingency of or relating to any horse race 
 or other race, tight, game or sport, or 
 
 2, for securing the paying or giving by some other person 
 of any money or valual)le on any such event or contin- 
 gency, 
 
 or 
 
 (c) of recording or registering bets on any contingency 
 or event, horse race or other race, etc., or 
 
 jof receiving money or other valuables to be transmitted 
 to be wagered on any such contingency or event, horse 
 race, etc., 
 
 or 
 
 (d) of facilitating or managing or assi.'ting in making" 
 'Z\ bets on any such contingency or event, horse race, 
 
 etc., by announcing the betting upon or displaying 
 the results of horse races, etc., or in any other 
 manner, 
 
 x 
 
 a 
 o 
 
 O 
 
 X 
 
 whether any such 
 bet is there re- 
 corded or any mo- 
 ney, etc., is there 
 received fortrans- 
 mission or not, 
 
 whether such con- 
 tingency, event, 
 horse race, etc., 
 occurs in Canada 
 or elsewhere. 
 
 Every one is guilty of an indicia iu.k offence, 
 1 ,„^ fany COM- (BAWDY house, GAMING house, or BEniNG 
 
 I 
 
 Any one 
 
 who appears,^ as MASTER or mistress, or as the person^ ,. 
 
 . ^ ^ , ' / , . , , , ^ ' ot anv disorderly 
 
 acts, or be- - having the care, government or niiina- y •-, 
 
 haves ) gement ) ' ' 
 
 is deemed the keeper thereof. 
 
 Every one is guilty of a summary offence, 
 
 who PLAi's, or ). . , 
 
 ,, w.<, ^.T \ i.1 1 • Un a common gammLi; hou- 
 
 LOOKS ON at any others playing) » = 
 
 or wliu 
 
 e, 
 
 (a) wilfully prevents, urj 
 
 (b) OB.STRUCT.S or DELAYS.or | 
 
 (d) uses ANY means to pie- r 
 vent, obstruct or delay j 
 
 any duly authurise<h 
 CON.si'ABLEor- other 
 lirticer Ir. Mu or in 
 I NTER1N<; 
 
 -any disorderly house. 
 
 or 
 
 (c) by any bolt, chain or otlier contrivance, SE- 
 l CURES ANY door of or other means of access to 
 
37 
 
 
 , EvEKV ON'E is guilty of an indictahle offence/v-Iio, 
 
 with intent toi 
 
 make gain or of any stock 
 profit l>y the ■ or <if any 
 risf or fall in 
 
 price 
 
 i^oods. 
 
 MAKES or authorist's"! without intending to 
 any oral or written nc(|nire or s.jl tln'ni.or 
 coNTKACT for the.- in respoct of which no 
 sale or purchase i)f deliver}' is made, re- 
 any stock or goods,; ceived or inten led. 
 
 /: Every office") wherein is carrif-d on the business of making ) is a co M - 
 c/ or place of'- or proeurins; or negociatin<; or Iturganiing - MON GAMIN'G 
 " • ' -" S ^ ' -.--^.- • • \ ..., 
 
 s 
 
 Viusiness, 
 
 for such contracts, 
 and 
 
 HOUSE, 
 
 Every one who, as principal oi- agent, occupies | is a keej'ER of a common 
 uses or manages or maintains the same, \ GAMING Hi»usE. 
 
 Every one i- guilty of an i.vdictable offence, 
 
 who habitu 
 
 nl.V FREQU 
 
 ) anv such othce or plact- as 
 'EN'I'S V • , ' 
 
 ) above. 
 
 / 
 
 
 II 
 
 Every one commits an indictable offence, 
 
 ( a) who, in any railway car or steam- ") obtains, from any other ^ V)y any game 
 boat used as a pubilc conveyance ^ pirson, \x\\y money of cards, 
 for passengers, ) or property, » etc., 
 
 or 
 
 S 1 s 1 . , , , .. ^ hv actuallv engagmg any person in anv .^uch 
 
 o lb) who attempts to commit f - v,, ^P P. \z ■ u • " i- 
 
 ^ v ' \ ce T j^rame, with intent to obtain anvthing ironi 
 
 u y any such otience, i ^ r^ 
 
 c 
 
 him. 
 
 c 
 
 c 
 
 Railway conductors, steamboat 
 officials, and station and land 
 ing place officials, 
 
 \ MU.ST, — on pain of being guilty of a sum- 
 1 mary offence, — arrest and prosecute 
 I persons believetl to have committed or 
 j attempted any such offence. 
 
 A copy of this section must be posted "^ on pain of the railway company, etc., 
 \ up in railway cars and steam- V being guilty of a summary of- 
 ^ boats, 3 fence. 
 
 S£ 
 
 c 
 xr. 
 
 O 
 
 C 
 eS 
 
 a: 
 
 fQ 
 .5 
 
 o 
 02 
 
 ^EvERY one is guilty of an indictable offence, 
 
 (a) who USES, or, knowingly, allows any part of any pre-" 
 mises under his control to be u.sed 
 
 or 
 
 (b) KEEPS, exhibits or employs, or knowingly allows to be 
 kept, etc., in any part of any premises, under his control, 
 
 ) any DEVICE or apparatus 
 
 for the purpose 
 of recording or 
 registering any 
 BET or wager or 
 selling any pool. 
 
 \ 
 
 or 
 
 i(c) becomes the custodian or depositary of any money, (STAKED wasfered 
 property or valuable thing, »' 
 
 or 
 
 (d) records or registers 
 any bet or wager, or 
 sells any pool upon 
 
 I the result 
 
 1, of any political or municipal el 
 
 2, of any race, 
 
 8, of any contest or trial of skill 
 man or beast 
 
 or pledged, 
 ection, 
 or endurance of 
 
38 
 
 •o /• « 
 
 e 
 a 
 
 •11 
 03 
 
 to any person by Iiis becoming the custodian or depositary of any 
 money, etc., staked to be paid to the winner of any hiwful race, 
 
 ^ a 
 
 43 
 
 'o H sport, ijame or exercise, 
 
 §1 
 
 2 o to the owner of any horse engaged in any lawful race. 
 
 o " 
 
 «- c or 
 
 2 o , , . ( between individuals, or made on the race) during the race 
 ^ « 1 course of an incorporated association, j meeting. 
 
 jEvERY ONE is guilty of an indictable offence who. 
 
 (a) makes, prints, advertises 
 or publishes, or causes or 
 procures to be made, print- 
 ed, etc.. 
 
 or 
 
 any prf)posal scheme or plan for advancing, 
 giving, selling or disposing of any property 
 by lots, cards or tickets, or any mode of 
 chance, 
 
 (b) sells, barters, exchanges, or otherwise disposes of or causes ^ any such 
 or procures or aids or assists in the sale, etc., of, or offers for > lot, card, 
 sale, etc ; ticket, etc.. 
 
 or 
 
 (c) conducts or manages Hor determining who or the holders of what lots, 
 any scheme contrivance! tickets, numbei's or chances are the winners of 
 or operation of anyj any property so proposed to be advanced, loaned, 
 kind, J given, sold or dispo.sod of. 
 
 35 Every one commits a summary offence, 
 
 m/ ^'.' ' ^ any such lot, ticket or other device. 
 
 S \ or receives ) -^ 
 
 1-3 j.S. Every sale, etc., of any property by any^ lottery, ticket, etc., is void 
 and such property is liable to be forfeited. 
 
 4. No such forfeiture affects a BONA FIDE title acquired for valuable consi- 
 deration, without notice. 
 
 5. This section includes foreign lotteries. 
 
 6. This section does not apply to 
 
 (a) the division by chance of joint property among its joint owners, or 
 
 (b) raffles for small pri,;es at any charitable bazaar held by civic or muni- 
 cipal permission, or 
 
 (c) any distribution, by lot, among the mnubers or ticket holders of any 
 incorporated art .society, of paintings, etc., produced by the labors of the 
 members of or published by such society, or 
 
 (d) the Credit Foncier du Bas-Canada, or the Credit Foncier Franco- 
 Canadien. 
 
 U 
 
 ■-a 
 CQJ. 
 
 
 Every one is guilty of an indicta3LE offence, 
 
 who, without law- ") NEGLECTS to perform any duty as to the burial of dead 
 fid excuse, J human remains, 
 
 or 
 
 who, improperly or indecently interferes with"! any dead human remains, 
 or oflers any indignity to j whether buried or not. 
 
39 
 
 Part XY. — Vagrancy.— i^ECS. 207 to 208). 
 Every <»xe is a loosi-. idle or flisorclerly person or vagrant and is guilty of 
 
 a SUMMARY OFFENCE, 
 who. — 
 (a) not having any visible means of] 
 
 .. • • I • ,<• 1 LIVES wi I hout employment, 
 
 iiuiintiuning himseli, J t- j > 
 
 or 
 
 (b) being able to work, and, thereby, or by other) wilfully refuses or 
 means, to maintain himself and family, / neglects to do so, 
 
 or 
 
 (c) openly exposes or exhibits, in any street, road, high- ) any INDECENT 
 way or public place, j EXHIBITION'. 
 
 or 
 
 (d) Without a certificate of a priest, clersfyman, etc.,1 • i 
 
 .. , . ,, c u -L ' J- BEOS or receives alms, 
 
 or being worthy or charity, J 
 
 or 
 
 (e) LOITERS on a street and) by standing across the footpath or by using 
 obstructs passengers, j insulting language, or in any other way, 
 
 or 
 
 (f) CAUSES in or near] ^ DISTURBANCE, by screaming, swearing or singing, of 
 
 o f any stre.t, etc., ^>' ^'^'!f ''•'""^'- ""' ^>' I'npedinr 
 
 z / •' ' j peaceal lie passengers, 
 
 ig or incommoding 
 
 
 (g) wantonly disturbs the peace and) by discharging firearms, or by riotous 
 quiet of the inmates of any dwelling- J- or disorderly conduct in any street, 
 house near any street, etc., J etc., 
 
 or 
 
 (h) TEARS DOWN or defaces signs, 
 
 BREAKS WINDOWS or doors or doorplates or the walls of house?., roa<ls or 
 gardens, or DESTROYS fences, 
 
 or 
 
 (i), ln'ing a common prostitute or night walker, 
 
 WAN] 'EBS in the fields, public I and does not give a satisfactory account of 
 
 streets, etc., 
 
 or 
 
 herself, 
 
 (j) is a KEEPER\a BAWDY HOUSE Or house of illfarae or house for the report 
 or inmate of J of prostitutes, 
 
 or 
 
 (k) FREQUENTs|and does not give a satisfactory account of himself or 
 such houses, j herself, 
 
 or 
 
 (1) hav 
 or ca 
 
 ,;„r, „ r-,.., v,i^ ».. f • ) f*'*' the most part supports himself by 
 'uig no peaceable proiession '^ . , ^i ■■. e 
 
 .ii;C^^*^. >• * ;„ u- If 1, i (JAMING or crime or \)v the avails of 
 illmg to maintain himselt by, ..^ ,.^ ••' 
 
 "^ •'J prostitution. 
 
40 
 
 TITLE V. 
 
 Ol^ences against the person and reputation. 
 Part ^VI.— Duties tending to the preservation of life.— (Secs. 209 to 217). 
 
 0- 
 
 c 
 
 V 
 
 EvEUYONE havino; char- 
 ge of a person unable 
 to withdraw from 
 such charge and un- 
 able to provide his 
 own necessaries of 
 
 ^''^'' and 
 
 is under a LEGAL 
 DT'TY to supply 
 such person 
 with such ne- 
 cessaries, 
 
 [Every one, who, as master' 
 or mistress, lias contracted 
 to provide necessary food, 
 clothing, or lodging for 
 any servant or apprentice 
 under 16, 
 
 is under a 
 LEGAL DU- 
 TY to pro- 
 v i d e the 
 same. 
 
 and is criminally I 
 
 RESPOXSIHLE 
 
 for omitting, 
 ) without law- 
 ful excuse, to 
 perform such 
 duty. 
 
 Every one, who, as parent or'jis criminally 
 guardian or head of a faui- 
 ily, is under a legal duty to 
 
 provide neeessuries of 
 for anv child under 16, 
 
 life 
 
 RESPONST15LE 
 without law- 
 excuse to do so, whiie 
 
 for omittinj; 
 fu 
 
 such child n mains a meiii- 
 berof his or her liousehoM 
 
 Every ONE under a legal duty] is criminally respon.sihle 
 to provide necessaries for,- for omitting without la\v-f 
 his wife, j ful excuse so to do, t 
 
 if the death of 
 such person or 
 servant or ap- 
 prentice or 
 child or wife is 
 caused, or if his 
 or her life is 
 endangered, or 
 his or her 
 health is or has 
 been or is like- 
 ly to be perma- 
 nently injured 
 by such omis- 
 sion. 
 
 OI 
 
 c 
 
 a 
 
 c 
 
 CD 
 
 -I 
 
 S 
 
 S 
 
 u 
 
 o 
 
 Every one, who undertakes, y^except in case of necessity), to administer sur- 
 gical or medical treatment or to do any other lawful act involving danger 
 to life, 
 
 is under a LEGAL DUTY to havel , . • • n ,.„ .. ■>.,.■ 
 
 ,, ,, ,,,,^,„ ami IS cnmuially responsible tor omitting, 
 
 and to use reasoneable KNOW- .,, x i /• i . v i ^i . 
 
 ,_ ^ , ■,, , • 1 • ( without lawful excuse, to discharije that 
 
 ledge, skill and care in doing i ^ -r i ai • i , i • ■ 
 
 , " <^l"ty, it (leatii is caused by sucii omission. 
 
 Every one, who has anything, — 
 animate or inanimate, — in his char- 
 ge or control,or who erects or main- 
 tains anything which, in the ab- 
 sence of precautions or care, may 
 
 endanger life, 
 
 ^ an<l 
 
 is under a LEGAL DUTY^l 
 to take reasonable 
 precautions against 
 and to use reason- 
 able care to avoid 
 such danger, 
 
 LEGAL 
 
 that 
 
 and is criminally 
 responsible 
 for the conse- 
 q u e n c e s of 
 omittinocwith- 
 out lawful ex- 
 cuse, to per- 
 f o r m such 
 duty. 
 
 Every one who undertakes to do any act,"| is under a Ll 
 the omisssion to do which is, or may be Y duty to do 
 dangerous to life, j act, 
 
 Every one is guilty of an indictable offence 
 
 who, being bound to perform any of the ) NEGLECTS or refuses, without law- 
 \ above specified duties, j ful excuse, to do so ('). 
 
 (') If the offence amounts to culpable homicide, it is punishable as such. 
 
41 
 
 or 
 
 who unlawfully aiundox.s or exposes 
 
 any (MlilJ) uiuK'i' the ajre of Iwherdtv its life is eu'laniroreil, or its health is 
 two years, J permanently injurei], 
 
 who, heiui^ leufally liable, as master or mi.stress, to provide for any apprentice 
 
 or servant, 
 
 ,,.,,.», ill 1 so that such apT)rentice's or servant's 
 
 niilawiullv DOES or causes to he (lone i-.. • i'' i i- i 
 
 , , lite IS en'ianiiered, Dr nis or lier 
 
 any modilv iiahm to such Ai'- • i u, i i ■ n i * i„ 
 
 ■ ,. ^ , health has been or is likely to ne 
 
 I'REXTICE or servant, i.i • • i 
 
 I permanently in ured. 
 
 Part. XVIL— Homicide. ~(Sevs. 218 to 226). 
 
 Homicide is 
 
 tlie KILLIX(; of a hum ax 
 
 e KiLLiX(; ot a iiumax ) i- ,, ■ ,• ,i i i i 
 
 , ^.^.^ , ,, [ directly or indirectly, by any means whatsoever. 
 
 HEIXG tiy another, j '' .?'..' 
 
 EiXf; 
 
 •= ; 1 •■ . , . , , , ■'i whether it has breathed or not.whether it 
 
 s \ when it has completely proceeded, , . , i x • i i,- i. 
 
 5 1 • 1- • .. i !• ii 1 1 has an independent circulation or not, 
 
 ^ I in a living state, rrom the body - j i ii xu i . • ■ 
 
 •^ e -t. t.\ i^na whether the navel strini' is sever- 
 
 / oi its mother, i 4. 
 
 ed or not. 
 
 The killing of such child is homicide, when it dies in consequence of injuries 
 received before, during, or after birth. 
 
 O) 
 
 ^Homicide may be culpable or xox-culpable. 
 
 CL I HoMicicibE is 
 
 cULPAHLE when 
 
 c Ji \ it consists in 
 
 Culpable HOMiciDEJis either! '^'^'"^'^'^ ^^ 
 ^ ) \ manslaughter. 
 
 either by an unlawful act, or by an OMlssiox, without 
 
 lawful excuse, to perform or ol)serve an}' LEGAL DUTY, 
 
 or by both combined, or bv causing a person, b\^ threats 
 
 o ^ ) i.1 I -ir cl or tear ot violence, or by deception, to do an act 
 
 a Z the killing ot , . , ^i / "^ , ^ i •\e n 
 
 _n "S V „ , ^ which CAUSES that person s death, or by wilfully 
 
 TJ E \ any person, ' - ^ . 
 
 s: o 1 '' frightening a child or sick person. 
 
 a 
 
 o Homicide which is notI. . ^. 
 
 \ culpable, jisnotanoflense. 
 
 Proci'RIXG, by false evidence, the coNV^CTION and! ur.x.iornip 
 
 death of any person by the sentence of the law,/^ ^^^ homicide. 
 
 No one is criminally responsible) unless the death take place within a year 
 for the killing of another, j and a day of tli ; cause of death. 
 
 by an\MNFLUENCE on the MIND, 1 . .,, 
 
 "^ -^ save, in either case, 
 
 or y wilfully fright- 
 
 No ONE is criminally 
 responsible for kill- - 
 ing another, 
 
 by any dlsorder or disease arising 
 from such influence, 
 
 ening a child or 
 sick person. 
 
42 
 
 Every one who, 
 by any act or 
 omission, <;au- 
 
 SES the DEATH 
 
 of another, 
 
 
 althon^'h the effect of the bodily injur}' caused be 
 merely to ACCELERATE such other person's ileath 
 while laborinif under disonler or disease arising from 
 some other cause, 
 
 or 
 
 althoufjjh death from that cause might have been pre- 
 vented by resorting,' to proper means. 
 
 EvEUY ONE who CAUSES, to a] /'although the immei 
 
 person, a BoniLY injury, [kills that| denth he treatme 
 
 of a dangerous nature from 
 which death results, 
 
 person, 
 
 I unproper. 
 
 faith. 
 
 Hate cause of 
 
 nent. proper or 
 
 applied i n ^ o o d 
 
 Part XVIII. - Murder, Manslaughter, etc.— {Secs. 227 to 240.) 
 
 /CULPAHLE IIOMICIUE is MUUDEH 
 
 (a) the death of the person killed, 
 
 (b) to the person killed any b(xHly injury known to the offendei to be 
 likely to cause death, and is reckless whether death ensues or not. 
 
 u 
 
 'Hi 
 
 o o 
 
 -= s 
 
 -tj as 
 
 (c) death 
 
 or 
 
 to one person, and, by mistake, 
 kills another, though he does 
 not ujean to hurt the person 
 killed ; 
 
 H 
 
 (a) if he MEANS 
 
 TO INFLICT 
 GRIEVOUS BO- 
 DILY INJURY 
 
 
 03 O 
 
 o 
 
 > 
 
 o 
 a 
 
 such bodily injury, a3 aforesaid, 
 recklessly, as aforesaid, 
 
 (d) If the offender, for any unlawful object, does] though he may have de- 
 an act which he knows or ought to have known I sired that his oljject 
 to be likely to cause death, and thereby kills j should be effected with- 
 
 [ any person, j out hurting any one. 
 
 Culpable homicide is also murder, whether the offender means or not 
 death to ensue or knows or not that death is likely to ensue, 
 
 'the commission of t''eason or other \ 
 offences against the Queen's autho- 
 rity, or piracy, or escape or rescue, 
 resisting lawful apprehension, 
 murder, rape, forcible ab<luction, 
 robbery, burglary or arson, or thef ^nd DEATH EN- 
 flight of the offender upon the\ sues there- 
 commission or attempted commis- ( 
 sion tliereof, 
 
 (b) if he administers any stupefying or]r. .,, ^ ,, 
 
 overpowering thing, or I ,. 
 
 / \ -i? vT I -li- II i i.u i purposes aiore- 
 
 (c) II he, by any means, wiliully stops the ' • i 
 
 1 breath of any person, j ' / 
 
 Culpable homicide which would otherwise be murder 
 
 may be reduced to\if the person causing death does so in the heat of passion 
 MANSLAUGHTER, j caused by sudden provocation. 
 
 Any WRONGFUL ACT or insult 
 
 of a nature to deprive"! _ , [if the offender acts upon it suddenly 
 
 n rson f „ ,, , -! before there has been tim? for the 
 
 from. 
 
 an ordinary 
 of self control 
 
 VOCATION, 
 
 \ passion to cool. 
 
48 
 
 b: ryr . /"by doing what he had a right to do, or by doing \vhat the 
 
 H " ,.,i,, vo("T^' "lender incited him to do, so as to provide the ort'cnder 
 a -r, XT with an excuse for kilHriL' or doing bodily liarm to any 
 
 -3 
 
 z 
 
 3 ^i^^jj with an excuse tor killing 
 
 ^ ■ ' [ person. 
 
 Culpable ) not amounting , ^^ vanhlaughteu. 
 
 u 
 3 
 
 a. 
 
 homicide ) to murder ) " 
 Murder (') and) 
 
 manslaughter } ^'^ INDICTABLE OFFENCES. 
 
 Every one is guilty of an indictable (offence, 
 
 c ^ (a) by administering poison, etc., 
 
 X S (b) by wounding or causing grievous bodily harm, 
 
 ^2 (c) by shooting, 
 
 ^ 2 (d) by trying to drown, suffocate or strangle, 
 
 t- .^ (^^ ^y destroying or damaging any building by an explosion, 
 
 ** S (f) by tiring any ship or its tackle, etc., or any goods therein, 
 
 -c 3 (S) ^y casting away or destroying any vessel, 
 
 ^ " (h) by any other means, 
 
 or who 
 
 threatens, by letter, etc., to murder, 
 
 or 
 
 (a) conspires with any other person, j 
 
 or [to commit murder 
 
 (b) ct)UXSELS or attempts to procure any other person,) 
 
 or 
 who is an ACCE.S.SORY after the fact to murder, 
 
 or who 
 'counsels or procures any person to commit suicide, actually committed in 
 
 consequence. 
 « * or 
 
 c 
 S - AIDS or abets any person in committing suicide, 
 
 3 
 
 ccf or 
 
 attempts to commit suicide. 
 
 [Every woman, with child, and about to be delivered, is guilty of an indict- 
 able offence., who, 
 
 (a) with intent that the child shall not live, or,] neglects to pi'ovide reason- 
 
 (b) with intent to conceal the fact of having- able assistance in her de- 
 had a child, j livery, 
 
 
 ^s' if the child is permanently injured thereby, or dies just before, or during, or 
 shortly after birth. 
 
 Every one is guilty of an indictable offence, 
 
 V, T^T .T.^.,r.., c ti ^^ . ^ C with intent to conceal ) whether it died before 
 who disposes of the dead > .■ p ..i ,-, ,u f j • iv 
 
 BODY of an V V 'll 1 the lact that its mother >• or during, or alter 
 
 ^ ' (. was delivered of it, ) birth. 
 
 (') Murder is punishable with death. 
 
 o 
 
 c 
 
 o 
 
 O 
 
44 
 
 Part XIX.— Bodily injuries and acts and omissions causing danger to 
 the person. — (Secs. 241 to 257). 
 
 5Z5 
 
 O 
 
 [EvERf ONE is guilty of an indictahle offexce, 
 
 who unlawfully wouxDS or causes' 
 any grievous bodily harm to any 
 person, or shoots at, or attempts 
 to discharge any loaded arms at 
 any pei'son, 
 
 or 
 
 WITH INTENT to maim, disfigure or du 
 other grievous bodily harm, or with 
 INTENT to resist or prevent any per- 
 son's lawful apprehension or detainer, 
 
 who unlawfully WOUNDS or inflicts any grie-) with or without any weapon 
 vous bodily harm upon any person, f or instrument. 
 
 or 
 
 WHO WILFULLY 
 
 (a) SHOOTS at any vessel of Her Majesty, or of Canada, or 
 
 (b) MAIMS or wounds any public officer engaged in the execution of his 
 duty or any one aiding him. 
 
 or 
 
 c 
 
 a 
 
 o 
 
 s 
 
 o 
 
 "(a) who ATTEMPTS TO CHOKE, suffocate or strangle, or' 
 to render any person insensible unconscious or inca 
 pable of resistance, 
 
 or 
 
 (b) who unlawfully administers or attempts to admi- 
 nister to any person any CHLOROFORM or other stu- 
 pefying drug, etc.. 
 
 with intent there- 
 by to commit or 
 assist in com- 
 mitting any in- 
 dictable offence. 
 
 or 
 
 who 
 
 10 unlawfully ad-"| so as to endanger life or inflict grievous bodily harm 
 .MINISTERS any - upon, or with intent to injure, aggrieve or annoy 
 
 poison, etc. 
 
 
 ipon 
 any person 
 
 or wao 
 
 /unlawful! .-, by any) burns, maims, disfigures, disables or does any grievous 
 explosi. lu, j bodily harm to any person. 
 
 IS 
 
 X 
 
 or 
 
 (a) who, unlawfully, 
 
 1, causes any explosion, 
 
 2, send.s to any person any explosive substance, etc., 
 
 3, puts or lays at any place or casts or throws at or 
 upon any per.'^on any corrosive fluid or any des- 
 tructive or explosive substance, 
 
 or 
 
 with intent to burn 
 maim, disfigure or 
 disable any person, 
 whetherany bodily 
 harm is effected or 
 not, 
 
 (b) who unlawfully places or'i „ ^, .,„ i. j i j-i • • *. 
 
 Iv • ■ i. ^ ^ • X with intent to do any bodily miurv to 
 
 throws in. into or upon aoainst , ., •' .•' " i 
 
 1 -ij- 1 • any person, whether or not any expio- 
 
 or near any building, ship or - • ^ i i j u xu i. 
 
 , ^ 1 ^ u sion takes place, and whether or not 
 
 vessel, any explosive sub- , j., "• • a- i. j 
 
 stance, J ^°^' ^^^^^Y "^J^ry is eftected. 
 
45 
 or 
 
 ^ [who sets or places any sprinsf-gun,^ with lvtext to destroy or inflict 
 c x" I mantrap, or other engine calculated I grievous bodily harm upon any 
 a, 3 to destroy human life or inflict/ trespasser or other person coming 
 ^ \ gritjvous bodily harm, J in contact therewith, 
 
 
 gri. 
 
 or 
 
 (a) who, unlawfully, 
 
 1, puts or throws anything on or across any railway, 
 
 2, takes up, removes or displaces any railway rail, 
 switch, etc., or injures or destroys any railway track, 
 bridge or fence, 
 
 3, turns, moves or diverts any railway point, etc., 
 
 4, makes, or shows, hides, or removes any railway signal 
 or light. 
 
 P5 
 
 § J5, does or causes any other matter or thing, 
 
 X ) 
 
 Cv or 
 
 with INTENT to in- 
 jure or to en- 
 danger the safe- 
 ty of any person 
 travelling or 
 being upon such 
 railway, 
 
 
 % (b) who, unlawfully, throws, etc., afi with intent to injure or endanger the 
 ^ ' any railway engine, tender, carriage I safety of 'iny person upon such en- 
 
 a\ or truck in motion 
 
 , any wood, stone I gine, etc., or any part of the train of 
 or other thing ^ which it forms part, 
 
 or w'lio 
 
 by any unlawful act, or bv) endangers the safety) • , . . 
 
 any" wtlful omission oV [ of railway passen- \ ^"^ ^^'^'^ P^ assists 
 
 \ NEGLECT OF DUTY, J GERS, 3 ^^^ei"' 
 
 or who 
 
 by any UNLAWFUL ACT, or by negligently doing) causes grieyous bodily 
 
 or omitting to do any act which it is his duty >■ INJURY to any other 
 
 to do, , J person, 
 
 ' or who -^ ^ 
 
 s ^('having charge of) does or causes any) by wanton or furious driving or 
 "C '> ' ^"y carriage [• bodily harm to >■ racing or other wilful miscon- 
 r^ ± I o^' vehicle, ) any person ) duct, or by wilful neglect, 
 
 
 cc 
 
 (a) who prevents or impedes orlany shipwrecked person in his en- 
 endeavors to prevent or impede J deavor to save his life. 
 
 or 
 
 (b) who, without I prevents or impedes or-v any person in his endeavor 
 reason abler endeavors to prevent J- to save the life of any 
 cau-se, -' or impede J shipwrecked person. 
 
46 
 
 a 
 o 
 
 li 
 
 eg O 
 « JS 
 X I 
 
 03 • — 
 Ol 
 
 bC 
 
 s 
 
 e8 
 
 It is A SUMMARY OFFENCE. 
 
 (a) to MAKE or cause, in the ICE on any"\ any hole or open-' 
 
 navigable or other open or public y ing dangerous to 
 
 water, ) human life 
 
 or 
 
 (b) for the owner, manager, etc.,'» to have upon or in the 
 of any abandoned or unused V same any excavation 
 MINE or quarry or property ) dangerous to human life 
 
 Every one, whose duty ^ is guilty of ^ if any person loses his life by acci- 
 it is to guard such r manslaugh- V dentally falling therein while 
 . hole, opening, etc., ) ter, ) it is unguarded. 
 
 and to leave 
 the same 
 unenclosed 
 and un- 
 guarded. 
 
 O 32 
 
 C 
 
 fit is an INDICTABLE offence, 
 for any one to' 
 
 SEND 
 
 or 
 for the master 
 of the ship 
 to TAKE 
 
 TO SEA, or on a 
 voyage on any 
 of the inland 
 waters of Ca- 
 nada, 
 
 ■■r. ^ a 
 
 in sucli an unseaworthy state 
 that the life of any person is 
 likely to be endangered there- 
 by. 
 
 
 
 CO 
 
 a 
 -a 
 
 Part X.X.— Assaults.— (Secs. 25S to 265). 
 
 ''An ASSAULT is the act of 
 
 Intentionally APPLYING, directly or indirectly, force to the 
 person of another, or attempting or threatening, by any 
 act or gesture, to apply force to the person of another, if 
 the threatener has or causes reasonable belief that he has 
 present ability to effect his purpose, 
 
 f Every one is guilty of an indictable offence, 
 
 ' (a) who indecently assaults any female ^ 
 
 or 
 
 s Vb) who does anything to any female, 1 such consent being obtained by false 
 by her consent, which, but fur such I and fraudulent representations as 
 consent, would be an indecent as- j to the nature and quality of the 
 sault, ^„ J act. 
 
 without the 
 other's consent, 
 or, with such 
 other's consent, 
 if obtained by 
 fraud. 
 
 or 
 
 fwho assaults any 1 .^,^ .^^^^^^ ^^ ^^^^^^.^ ^^j^ 
 "erson, J -^ 
 
 or 
 
 ' , '^^ > indecently assaults anv other male, 
 lale, J 
 
 mal 
 
 or 
 
 ,, which occasions actual bodilv harm, 
 an assault,] 
 
 (1) The consent of a child under fourteen to an act of indecency is no defence to a charge 
 of indecent assault upon such child, (sec. 261). 
 
or 
 
 /who, 
 
 (a) (c) assaults I 5 ? 
 any person, 1" ^ c 
 
 C3 
 CO 
 OD 
 
 <J 
 
 > 
 
 U 
 be 
 
 47 
 
 to commit any indictable oftence or to resist his or 
 some one else's lawtul apprehension or detainer for 
 any offence, 
 
 or 
 
 (I)) assaults any public) engaged in executing his duty, or any person aiding 
 officer j such officer, 
 
 or 
 
 (d) assaults any 
 person, 
 
 in the lawful execution of any process against lands or 
 
 goods, or 
 in making any lawful distress or seizure, or 
 with intent to rescue any goods taken under such process, 
 
 distress or seizure. 
 
 or 
 
 ^ ' \ ^.. " V I assaults or beatsi within two miles from the 
 
 any election, parlia- - ,, 
 
 •', • • I I anv person, I poll, 
 
 mentary or municipal, } •■ ^ ; f > 
 
 or 
 
 bi 
 
 c 
 
 .« 
 
 who, without lawful authority, forcibly SEIZES and confines or imprisons 
 within Canada, or kidnaps 
 
 an}' other 
 person 
 
 rwiTH INTENT to 
 
 c>\ use such 
 other person 
 against his 
 will, 
 
 (a) to be secretly confined or imprisoned in Ca- 
 nada, or 
 
 (b) to be unlawfully sent or transported out of 
 Canada, or 
 
 (c) to be sold or captured as a slave or in any 
 way held to service. 
 
 A COMMON ) 
 assault j 
 
 -IS ei 
 
 J .(indictable, or 
 ^^' \ summary. 
 
 0. 
 
 P5 
 
 Part XXI. — Rape and procuring Abortion. — (Secs. 266 to 274). 
 rRAPE is 
 
 the act of a man"* without her consent, or 
 
 extorted by threats or fear of bodily harm, or 
 obtained by personating the woman's husband, or 
 3 I by false and fraudulent representations as to the 
 " [ nature and quality of the act. 
 
 Every one is guilty of an indictable offence, 
 who commits, or attempts) _._„ /i 
 
 J •!. f RAPE ( ). 
 
 to commit ^ 
 
 having carnal 
 knowledge of ...s g 
 a woman, not 
 his wife. 
 
 - 2 
 ^ 
 
 or 
 
 ^who CARNALLY KNOWS 
 
 ^c I any girl under 14, not\ whether he believes her to be of or above that 
 '■^ rti ' beingr liis wife, f 
 
 
 age or not 
 
 or 
 
 who ATTEMITS to do SO (') 
 
 (') Rape is punishable with death or imprisonment for life. 
 
 (') Besides being punished by imprisonment, the offender may be whipped. 
 
iS 
 
 or 
 
 who CAUSES the death of any child' 
 which has not become a human 
 being, 
 
 or 
 
 in such a manner that he would have 
 been guilty of murder had the child 
 been born. (') 
 
 55 
 
 C 
 
 aa 
 
 INTENT 
 to procure 
 her MiscAH- 
 
 UlAGE, 
 
 /who unlawfully administers to or causes to"| with 
 be taken by any woman any drug or other' 
 noxious thing, or unlawfully uses any ins- 1 
 trument or other means j 
 
 ^^ \ WITH INTENT 
 
 who unlawfully supplies or procures any drug, to procure 
 
 etc., or any instrument or thing knowing it r the mi.«car- 
 
 to he intended to be u.sed KlAGEof any 
 
 or 
 
 woman. 
 
 whether she is 
 or is not 
 with child. 
 
 who, being a woman, whether with child or not, unlaw- ^ „,,,,,,, .x-tvvt 
 fully administers or permits to be administered to herself [ 
 any drug, etc., or unlawfully uses or permits to be used 1 5.„^,.,-^ * 
 
 V I i ■ i. i i. CARRIAGE. 
 
 on herself any instrument, etc., ) 
 
 Part XXII. — Offences against Conjugal and Parental Eights. — Bigamy. — 
 
 Abduction.— {^^Ci^. lib to 284). 
 
 /BiGAMV is the act of a person, 
 
 /(a) who, being) goes through a form of marriage with any other person, in 
 I married, J any part of the world, or 
 
 (b) who goes through a form of marriage, | w^ith any person whom he or she 
 in any part of the world, | knows to be married, or 
 
 (c) w^ho goes through a ") wuth more than one person simultaneously or on the 
 form of marriage, j same day. 
 
 By going through a form of marriage, 
 
 (a) if he or she, in good faith, and on reasonable grounds, believes his wife 
 or her husband to be dead, or 
 
 (b) if his wife or her husband has been continually absent for seven 
 years, and he or she is not proved to have known that his wife or her 
 husband was alive during those seven years, or 
 
 ^ i (c) if he or she has been divorced from the bond of the first maniage, or 
 2 1 S ! (d) if the former marriage has been declared void by a court of compe- 
 
 CQ 
 
 o 
 
 a 
 o 
 
 tent jurisdiction, 
 
 nor 
 
 T i. i' I • ,.^^ 1 unless, being a British sub ect re.si- 
 
 In respect ot having gone through i I • ^ i i i i 
 
 ,. *^ ,. . o =. , ^ , dent in Canada, he or she leaves 
 
 a torm 01 marriage in a place not' ^ , -^i, • i. a i i.u u 
 
 - !-. t" Canada with intent to go through 
 
 in Canada, 
 
 such form of marriage. 
 Every one is guilty of an indictable offence who commits bigamy. 
 
 or 
 
 who procures a feigned or pretended ) , , ,. ir i 
 
 ' . rt r [ between himseli and any woman, 
 
 marriage J ■^ 
 
 or 
 
 who knowingly aids and assists in procuring such feigned or pretended 
 
 marriage. 
 
 (') No one commits an offence who by means which he, in good faith, considers necessary to 
 oreserve the life of the mother of a child, causes the death of any such child before or during its 
 birth. 
 
49 
 
 or 
 
 (a) who PHACTroES, or by the ritos/j 1, any form of polvgamv, 
 
 rules, etc., of any denoinina- 2, an}' kind of C(jnju(^al ui. ion with more 
 tion, sect, or society, or by any - tliaa one person at the same time, 
 form of contract, aijrees or con- 3, what, amon^; Mormons, is known as 
 .sents to practice or enter into, J spiritual or plural marriage 
 
 or 
 
 < / 
 
 who lives or cohabits, or"! in conjugal union with a person married to another 
 agrees or consents to.- or living or cohabiting with another or others in 
 live or cohabit, J 
 
 conjugal union, 
 
 or 
 
 (b) who celebrates, is a party to, or) which purports to sanction any of the 
 assists in any such rite, etc., ) sexual relationshii)s above mentioned, 
 
 or 
 
 (c), (d), who procures, en-") in the compliance with or carrying out of any 
 forces, enables, is a par- >■ such rule or in the execution of any such con- 
 ty to or assists, 3 tract, etc., 
 
 or 
 
 in 
 
 « 
 
 03 
 
 who, without lawful! , . i. i ^ i • 
 
 ,„i.i :j,_ -solemnizes or pretends to solemnize any marriage. 
 
 authorit}'. 
 
 or 
 
 who procures any person ~), ,, , , . i. - ,., • n 
 
 i.„ ',1 ;... ___ I knowing that such person is not lawiully au- 
 
 to .solemnize anv mar- 
 
 g / nage, 
 
 or 
 
 ) 
 
 thorised to solemnize such marriasfe, 
 
 °r: Jwho knowingly aids or abets such person in performing such marriage, 
 
 or 
 
 ' who, being law-") knowingly and wilfully solemnizes any marriage in 
 fully autlior- >- violation of the laws of the province in which the mar- 
 
 ised. 
 
 riage is solemnized, 
 
 or 
 
 /who TAKE.saway ) against her | ANY woman whether, 
 
 or detains, J will 
 
 married or not, 
 
 \ 
 
 or 
 
 o 
 
 O 
 
 \(a) who, from 
 motives o f 
 lucre, TAKES 
 
 
 away or de- j •§ ^ 
 tains, I -c 
 
 I 
 
 or 
 
 'b) who fraudu-1 any woman 
 lently ALLURES, I under the 
 takes away, orj age of 21 
 detair;s J years, 
 
 ANY WOMAN of any age wdio 
 has any present or future 
 interest in any real or per- with intent to marry 
 sonal estate or who is a pro- or carnally know* her, 
 sumptive heiress or next oi\ or with intent to cause 
 kin to any one having such/ her to Vje married or 
 interest, i carnally known by any 
 
 out of the possession! other person, 
 and against the will 
 of her father or mo- 
 ther or of any other 
 person having the 
 lawful care or charge 
 of her. 
 
 '/ 
 
who unlaw- 
 fully TAKES 
 or causes to 
 be takeu, 
 
 or 
 
 • 7 
 
 ED 
 
 any UNMARRIED 
 
 GIRL under .six-! 
 teen, 
 
 or 
 
 50 
 
 out of 
 her 
 son 
 her, 
 
 the possession and against the will of 
 father or mother or of any other per- 
 having the lawful care or charge of 
 
 u 
 
 .5 
 
 --3 
 
 a; 
 
 'who unlawfully, "* 
 
 (a) TAKES or tntices away or detains 
 ANY CHILI) under fouvtien, or 
 
 (b) receives or harbors any such child 
 knowing it to have been i-o dealt 
 with. 
 
 Nothing in this section extends to any 
 claiming in good faith a right to its 
 
 WITH INTENT to deprive any parent 
 or guardian or other person having 
 lawful charge of such child of p(js- 
 session thereof, or with intent to 
 steal any article about or on it. 
 
 one who gets possession of any child 
 possession. 
 
 Part XXUL— Defamatory Libel.— (Qecs. 285 to 302). 
 
 ;A Defamatory Lihel is matter, 
 
 , ,. , , .,, , 1 , r LIKELY to INJURE the reputation of any person by 
 published witliout legal . i • . i x i . i. " •'• i 
 
 t^ . ^ . ,. • ,. "^ exposiniT hnn to hatred contempt or ridicule, or 
 
 lustitication or - ' S, j. ■ ii.ii . i -j. • i 
 
 J 
 excuse. 
 
 DESIGNED to insult the pers(ni to whom it is pub- 
 lished. 
 
 Such matter 
 may be ex-- 
 pressed 
 
 either in words legibly marked on any substance, 
 
 or 
 by any OHJECT signifying such matter otherwise than by words, 
 and 
 
 
 either DIRECTLY, or 
 
 \iy insinuation or irony. 
 
 TExhibiting it in public, or 
 
 n 1 ,. , - causing it to be read or seen, or 
 
 Publishing 1 .° 1 1- • -i. • -1. i. 1 1 11- 1 
 
 T ■] 1 • '"^bewing or dehvering it or causing it to be shewn or delivered, 
 
 with a view to it.s being read or seen by the person defamed 
 
 or by any other pei'son. 
 
 jXo ONE commits an offence 
 
 By publishing defamatory matter on the 
 INVITATION or challenge of the person 
 defamed thereby, nor 
 
 If its publication is necessary to REFUTE^ 
 some other defamatory statement pub- 
 lished by that person concerning the 
 alleged offender, 
 
 nor 
 
 By publishing anyl . ,. 
 
 S ,.' , .."^ -in any .lUDiciAL proceeding, 
 
 deiamatory matter | "^ i »> 
 
 fif believed to be true 
 
 and 
 
 if relevant to the invitation chal- 
 lenge or required refutation 
 
 and 
 
 if it does not, in manner or extent, 
 exceed what is sufficient, 
 
 (i) It is immaterial whether the girl is taken with her own consent or at her own suggestion 
 or not, or whether the offender believed her of or above the age of sixteen. 
 
51 
 
 nor 
 
 I By publishin;^', to tlie Sevate or House) any defamatory matter contained in 
 of Commons or to any Legislature, j a petition to any such 3(jdy, 
 
 nor 
 
 By publishing, b}' order or under the") any paper containing defamatory 
 authority of any such Body, j matter, 
 
 nor 
 
 By publishinc;, in good faith and with ) any v'xtract from or ab.-itract of any 
 out ill-will to the person defamed, | such paper, 
 
 nor 
 
 By publishing, in good 
 
 of Parliamentary proceedings. 
 
 faith, for the infc^nu- ^ ^ -e " of the public proceedings, preliminary or final, 
 atiou of the public, \ -^ ^ heard before any court exercising judicial au- 
 
 J ^ ^ thority, 
 
 nor 
 
 by publishing, in good faith, any fair comment upon any such proceedings, 
 
 nor 
 
 By publishing, in good faith, in a newspaper, 
 
 if the publication of the matter complained 
 of is for the public benefit, — 
 
 and 
 
 fc: / 
 
 A FAIR REPORT of the proceed- 
 ings of any public meeting 
 lawfully convened for a lawful 
 purpose and open to the public. 
 
 nor 
 
 By publishing 
 any defamatory 
 matter. 
 
 if the defendant does not refuse to insert, 
 in the newspaper, a reasonable explana- 
 tion or contradiction by the prosecutor, 
 
 'reasonably believed to be true, 
 
 and 
 
 which is rele^'ant to any subject of PUBLIC interest, 
 Ithe public discussion of which is for the public benefit, 
 
 nor 
 
 By publishing 
 
 FAIR com- 
 ments 
 
 upon the PUBLIC CONDUCT of a person who takes part in 
 public affairs, or 
 
 on any published book or other' 
 literary production, or any 
 composition or work of art or 
 performance publicly exhi- 
 bited, or an}' other conunnni- 
 cation made to the public on 
 any subject. 
 
 if such comments are con- 
 fined to criticism on such 
 book or other literary 
 production composition, 
 work of art, performance 
 or communication. 
 
 nor 
 
 By publishing 
 defamatory 
 matter 
 
 for the purpose, in good faith, 
 
 ()!•■ SEEKING remedy or REDIiESS 
 
 for any wrong or grievance from medy oi- i-edress sovight, 
 
 if believed to be true, and 
 if relevant to the re- 
 
 a person having or reasonably 
 believed to have the right or to 
 be under obligation to afford it, 
 
 and if it does not ex- 
 ceed what is reasonably 
 sufficient. 
 
52 
 
 By 
 
 [)ul)l i s li in<;, 
 in ANsw Ki: to 
 
 ENlM' II! I ^ •'^ 
 iiiadf of him, 
 (let'aiiiatory 
 matter 
 
 By publisliiiiff 
 to anothi'i" 
 person, de- 
 famatory 
 matter 
 
 I&1 I 
 
 nor 
 
 relating; to some snliject as 
 to whicli the pei-son V)V 
 whom the encpiiry is 
 made lias, or is reason- 
 a]>ly Relieved to liave tin 
 interest in knowing the 
 truth ; 
 
 nor 
 
 if it is published for the purpose 
 in rjood faith of giving inform- 
 ation in respect thereof to that 
 ]>erson, and if litlieved to V)e 
 true, and if relevant to the 
 eiKjuiry made, and if it does 
 not exceed what is reasonably 
 sufficient 
 
 for the purpose of (uviXG in- 
 formation to that person 
 with respect to somi' sub- 
 ject as to which he has or 
 is reasonably l)elieved to 
 have an interest in know- 
 ing the truth. 
 
 nor 
 
 Provideil it is relevant to such 
 .suliject. and is either true, 
 or is made without ill-will 
 to the ])erson defamed and 
 in the reasonable belief of 
 its truth ; 
 
 
 By SELLING any") unless he knew either that such number or part con- 
 number or part of y tained defamatory matter, or that defamatorj- matter 
 a newspaper, j was habitually contained in such newspaper ; 
 
 nor 
 
 By SELLING any") althoui:h 
 book, magazine, v 
 / pamphlet, etc., ) 
 
 it con-'^ if, at the time of such sale, he did 
 tani defamatory > not know that such defamatory 
 matter ) matter was contained therein. 
 
 rhe SALE, by 
 a servant,of 
 any book, 
 magazine, 
 pamphlet, 
 etc., 
 
 does not make the em- 
 ployer criminally res- 
 ponsible in respect 
 of defamatory matter 
 contained therein. 
 
 ^ unle.ss it bo proved that such em- 
 ployer authorised such sale know- 
 ing such book contained defama- 
 tory matter, or, in case of a perio- 
 dical, that defamatory matter was 
 habitually contained therein. 
 
 It is a DEFENCE, to an 
 
 r,i , ,1 IT 1- i ii ] f ^ was, at that tnne, for 
 
 . v X ^ ■ that the publishing ot the dera- ^, ' 
 
 indictment or in- . ' ... -"^ .i the PUBLIC HENEFIT, 
 
 r, c 11 matory matter in the manner- i i . i.i -, 
 
 tormation tor a de- . i • i -j. i r i j I and the t the matter 
 
 r i. 11 1 in which it was published . ,,. .„„..„ 
 
 tamatory libel, V ^ ; itself was TllUE. 
 
 Every one is guilty of an indictable offence 
 who publishes or threatens to ("3 
 
 publish 
 
 or 
 
 offers to abstain from publish- 
 ing 
 
 o 
 
 or 
 
 offers to prevent the publish- 
 ing of 
 
 or 
 
 03 
 
 Hi 
 
 WITH INTENT to extort any money, or 
 to induce any person to confer upon 
 or procure, for any person, any ap- 
 pointment or office of profit or trust, 
 or in consequence of any such money, 
 appointment or office, 
 
 who^publishes any defamatory j^^.^^^^^^ .^ ^^ ^^ ^^^^^^ 
 
 libel 
 
 or 
 
 jwho publishes any defamatory libel. 
 
b6 
 
 TITLE VI. 
 
 Offences against Rights of property and Rights arising out of 
 contract and offences connected with Trade. 
 
 Part XXIV.— Theft.— (Secs. 303 to 313). 
 
 s 
 
 a 
 
 •S 
 
 *s 
 
 CM 
 
 o 
 
 US 
 ,-* 
 
 jEvery ixanimatk tliin<i;, the prop- fis capable^ as soon as it is moveable, 
 ertv of another, hihI which is or l of lieiiiir i" althouirh made move- 
 may l>e maile moveahle, (. STOLEN", } aide so as to .steal it 
 
 But iiothinf]^ fjrowincT out of the f is capal^le of being") (except as lierein 
 earth, not exceeding 2oc in vahie, ( stolen, j after providt^l) 
 
 All TAME living) whether tame by nature, or wild ) are capable of being 
 ciiEATUKES, I by nature and tamed, | stolen. 
 
 But tame pigeons are capable of being stolen .so long only as they are in a 
 dovecote or on their owners land. 
 
 2. All living creatures, wMld by nature, ") are CAI'ABLE rif kept in confinement, 
 and not commonly found in Canada >• of being .< notonly while confined, 
 in a condition of natural liberty j stolen', (_ but after escaping. 
 
 3. All other living ) i- fit kept in confinement, while confined 
 
 , .,'7 f^ are capable oi ^ i i i ■ i e^ 
 
 creatures, wild ^ , . < or while bemir pursued alter escap- 
 
 , . \ being STOLEN, ' - '^ ' ^ 
 
 by nature, ) " 
 
 , s or w 
 ■° " *^' ' (. ing, but no longer. 
 
 , . -1 i> • • 1 i. rwhile in a den, cage or small enclosure, stve or tank, 
 
 +. A wil I ^ IS in a state , ., .^ ^ v *. i xi i. ■<. *. 
 
 1 • • I. ,. or wlule otlierwise so situated tliat it cannot escape, 
 
 living', oi confi--, i xi ^ •.. , i • c -l i. 
 
 , ^ i , and tliat its owner can take posses.?ion ot it at 
 
 creature nement , ' 
 
 J V pleasure. 
 
 5. Oysters and) are capable „f (when in proprietory oyster beds layings 
 oyiter broo<l | being stolen ] ^"' ^'^'"''''^ surticiently marked out, 
 •^ JO i^ or known as property. 
 
 (). Wild creatures, in the eniov- ) 1 1 *• i • i. i 
 
 ,,..,• , 1 ri i' ^ are NOT capable or being stolen, 
 inent or their natural liberty, ^ " 
 
 And the taking of 
 their dead bodies 
 
 by, or by the orders of the person who killed 
 
 them before they are reduced into actual | is NOT 
 possession by the owner of the land on j theft 
 
 . which they died, J 
 
 l7 F 7 - t] ' Tproduced by or forming part of any living) is CAPABLE of 
 ' ' ^ ^ °{ creature capable of being stolen j being STOLEN 
 
64 
 
 c 
 'it. 
 
 
 /Theft or : ealing is 
 
 the net of fraudu- 
 lently I AKIX(i or 
 convertinjjf tothe 
 use of any per- 
 son 
 
 (1 
 
 bc^t 
 
 witli intent 
 
 (ii) to deprive theowm-r or any person havinfj any 
 special propeity or interest therein, temporarily 
 or ahsolutely, thereof, or 
 h) to pledge oi' deposit it as security, or 
 
 (c) to part with it under a condition as to its re- 
 turn which t]ie peison parting with it may be 
 unaiile to perform, or 
 
 (<1) to deal with it so that it cannot be restored in 
 tlie condition in wliich it was when so taken or 
 convi'ited. 
 
 2. The takinj,' or eotiversion ■) althoiioli ettecteii without secrecy or attempt 
 may be fraudulent, I 
 
 3. Jt is iunnaterial 
 
 at concealment. 
 
 ' I ,, ,1 ,1 • (was taken ior the iiurpose of conversion, or was, when 
 whether the tlunj? . , . i i i- i • i- i 
 
 ^ ^ , '^ converted, \\\ ilie lawiul possession (;t the person 
 
 converted 
 
 convcrtmiif. 
 
 l-i. Theft i-< connnitted 
 
 jwhen the ort'euder MOVES the thin<f, or CAUSES \ 
 
 I it to move or to lie moved, or liEGlN's to -WITH INTENT to steal it. 
 cau.se it to become moveable, I 
 
 No I'ACTOii or agent 
 COMMITS THKFt" by 
 pledginor (ii- giving a 
 lien, 
 
 (■on any goods or' 
 document of 
 title to goods 
 entrusted to 
 him for sale or 
 
 I, otherwise, 
 
 for any money not greater than the 
 amount due to iiim from his prin- 
 cipal, together with the amount 
 of any bill of exchange accepted 
 by him for or on account of his 
 princi|>!d. 
 
 6. If any SERVANT, contrary /to GIVE or to be given to ajiy [siKdi servant is 
 to the orders of his master,' liorse or animal belonging! Nor, by reason 
 
 to or in possession of hisj the 
 master, I of 
 
 reof, guilty 
 theft. 
 
 TAKES, from his pos.'-ession, j 
 any food, I 
 
 Every one commits theft 
 
 who, — whether pretending to be the owner or not, — ^\ any property under 
 secretly or openly TAKES or carries away, without \ seizure or deten- 
 lawful authority, J tion. 
 
 Every one steals the creature killed 
 
 who KILLS any living creature ") with intent to steal the carcase, skin, plu- 
 capable of being stolen, j mage or any part of such creature. 
 
 o (Every one commits theft, and is guiltv of an indictable offence, 
 
 of 
 O 
 
 03 J 
 
 cc 
 
 who, — 
 
 having received 
 an}- money or 
 valuable secu- 
 rity or other 
 thing on terms 
 requiring him 
 to account for 
 or pay it, or 
 the proceeds 
 to any other 
 
 \ person, — 
 
 fraudulently CONVERTS the' 
 same to his own use, or 
 fraudulently OMITS to 
 ACCOUNT for or pay the 
 same or any part thereof 
 or to account for or pay 
 such proceeds or any part 
 thereof which he was re- 
 quired to account for or 
 
 But if part of the terms are 
 that the money, etc., shall 
 form an item in a debtor 
 and creditor account, the 
 proper entry thereof in such 
 aceount is a sufficient ac- 
 counting, and no fraudulent 
 conversion thereof is 
 deemed to have taken place, 
 
65 
 
 or 
 
 S 
 o 
 
 S 
 o 
 
 a! 
 
 1) 
 
 a. 
 
 en 
 
 « 
 tz: 
 
 
 /■who, — 
 
 heiii<:f fntrnstcil with any powiv 
 of attornev i'>i' the sale, niortiffiLLV, 
 plt'(l<,'e or other disposition of any 
 property, real o r ]i e r s o n a 1 , 
 whetlier capable of l)eing stolen 
 or not, — 
 who, 
 
 j liavin<;ret'eiveil an}' money or^, fr,inihilently, 
 or valuahle security or any 
 power of attorney to sell any 
 property, r<'al or pei-.sonal, 
 WITH A DlllKmoN- tliat sneh 
 money or the jiroeecils of 
 snch scenritv or property 
 shall he applied to any pur- 
 pose or paid to any person 
 specitlcd in such direction, — 
 
 'fraudulcntl}* sells, inorti;^at;es, pledf^es or 
 otli'Twisf disposes of it or any part 
 tlit-reof, or fraudulmtly c'ONVKIiTs the 
 proceeds of any sale, etc., of such pro- 
 perty to some f)urposr other than tlmt 
 for which he was entrusted witli such 
 powe-r of attorney, 
 
 violation of good 
 faitli and conti'a 
 ry to such direc- 
 tion, — applies to 
 any other purpo- 
 se or piiys to any 
 other [)erson any 
 of such money or 
 proceeds : 
 
 HI 'But where the dealing is 
 on sncli terms that the 
 money would, in the ab- 
 sence of any sucli direc- 
 tion, be properly treated 
 as an item in a <lebtor 
 and creilitor account, 
 this section does not 
 apply, aniens sar/i di- 
 rection Is in icrifinf/. 
 
 Theft may be committeil 
 
 Bj' the OWNER of anything capable) against a jier-^on having a special pro- 
 of l)eing stolen, ( perty or interest in it, 
 or 
 By the latter against tlie former, 
 
 or 
 By a LESSEE against his reversioner, 
 
 or 
 By one of the several joint ^ of or in anything" 
 owxEKs, tenants in com- h capable of being 
 mun, or partners, j stolen, 
 
 or 
 
 ■r, ., J. , lof a public companv or bod v cor 
 By the du'ectors, ' ' - 
 
 against the other persons 
 interested therein, 
 
 public otficers ;- 
 or members 
 
 J 
 
 fA against such public com- 
 porate or of an unincorporateil ' pany or body corporate 
 body or society associated to- j or unincorporated l)ody 
 
 g;ether for any lawful purpose,j or society 
 
 j 
 
 
 13 
 
 S 
 
 T3 
 
 S 
 
 -O 
 03 
 
 /No HUSHAXD and ) shall be convicted of stealing, during cohabitation, the 
 NO WIFE, j property of the other. 
 
 Hut, while LIVING apart, 
 
 either shain if he or she fraudulently TAKES or conveets anything which 
 1)6 guilty - is, by law, the property of the other, in a manner which in 
 of theft, ) any other person would amount to theft. 
 
 Everj'- one commits theft, 
 
 who, — 
 
 (a) a.ssi.sts either of them in dealing with anything belontrinsf 
 to the other, in a manner which would amount to theft if 
 they were not married, 
 
 while a hus- 
 baml anil 
 wife are li- 
 ving toge- 
 ther, — 
 
 to 
 
 s 
 
 or 
 
 (b) receives from either of them anything belonging to the 
 other obtained from that other by such dealing as afore- 
 said. 
 
56 
 
 Part IL'X.V.— Receiving stolen goodH.—(iii:cH. 314 to 318). 
 
 EvKiiv oNK is <:;uilty of an indictable offence, 
 o -z aiiytliin;^^ ol^tuiiiiMl liv any indictaltlf offoiict', or liv 
 
 r. 
 
 any ai;t wlicrcsocvi r coiniiiitti'"!, wliich, it" coiii 
 iiiitteii in Caiia<la, would liave constituttd an in- 
 ilictal)!*' offi-nce, 
 
 kiiiiuiii^ it to 
 . have hetm so 
 J obtained, 
 
 t 
 o 
 
 o 
 
 u 
 
 c 
 "o ■ 
 
 s 
 
 0* 
 
 '- n ^i 
 
 UJ = f 
 
 ^ .~ .J 
 
 -2 '■« 
 
 ; 2 i- ? anv i)<>stal niatti-r or any chattel, money, etc., tlu-l knowiii'' it to 
 
 or 
 
 ,stialin^' wlicreor is an indictalile ott'ence, 
 EvKiiv ONE is jjfiiilty of a sl'Mmauv offence. 
 
 ) liavel)t'eii stolen. 
 
 who UK<'EIVE.s ) anytliiritj the stealini;- of whicli is ) knowing it to lie unlaw- 
 or retains ) punishable sunnnaiily, ) I'lHy obtained. 
 
 rhe ACT of UECElviNf; anythijig uidawfully obtained, 
 
 liscoMlM.ETEas') either EXCLUSIVELY, or joint-") pcwsessiou of or control over 
 soonas theof- ' ly with the thief or any [■ such tiiiiiL,^, or aids in conceal- 
 fender has, ) other person. 
 
 nig or tlisposnig 
 
 of it. 
 
 When the thing luilawfully obtained^ a subsequent re- 
 has been restored to the owner, or | ceiving there- 
 when a legal title to the thing has! of is no otien- 
 been acquired by any person, J ce, 
 
 although the recei- 
 ver may know 
 that it had pre- 
 viously been dis- 
 honestly obtain- 
 ed. 
 
 Part X'K.VI. — Theft and offences resembling theft committed by particular per- 
 sons in respect of particular thinf/s in particular places. — (Secs. 319 to 367). 
 
 Each of the following is guilty of an indictable offence, namely : 
 
 A CLERK or ) who steals anything belonging to or in possession of his 
 servant j employer ; 
 
 A Bank cashier} who steals any bond, etc., or any money or eti'eets of 
 or other servant f such bank, or lodged (>r deposited M'ith it ; 
 
 . p , "iwho steals anything in his po.sses.sion by virtue of 
 
 ^ his employment, or 
 
 or who refuses or fails to deliver up, to any one author- 
 
 »r . . , , ised to demand it, any chattel, paper, etc., entrusted 
 
 Municipal employee I . , • > j > ^ i' - - 
 
57 
 
 anytliiiiLj l.KT in or with tiny house or locl<^in;^ 
 
 or 
 
 2 
 
 liny iLSTAMENTAitv (|( )CUMit'nt, or any ixmimkni' i>i' title tp » (jr iiny |)ar 
 laiul or ^ooils, or any Court KKtoifD or document, or any - of any o 
 
 w Oovernuient or puhlic docutucnt, 
 
 » tliem 
 
 J 
 
 or 
 
 jj any postal niatttT 
 
 or 
 
 j^ any election ilocument, (Dominion, Provincial, or Municipal 
 
 or 
 
 -- any TiiAMW.vv railway or steamboat TICKET or passafje onler or receipt 
 
 
 any cattle 
 
 or 
 
 or 
 
 any TREE, saplinjj, ") worth !?25, or 
 
 .shrub, etc., j worth ^.") and j^rowini^ in a park, pleasure ground, etc. 
 
 EvEiiv oxE is o;uilty of a .summauv offenx'E 
 
 who, unlawfully and wilfully, ) any hou.se-dove or pigeon, under such cir- 
 
 I cumstances as do not amount to theft, 
 
 or 
 
 who STEALS 
 
 any ritEE sapling,) the value of the article stolen or the amount of damage 
 shrub, etc., j done being •25c at least 
 
 kills wounds or takes 
 or 
 
 or 
 
 does not satisfy a 
 justice, before whom 
 
 who, having in his possession or on his premises, with' 
 
 ^ I his knowledge, the whole or any part of any tree, 
 
 sapling or shrub, or any underwood or any part of he is summoned or 
 
 any live or dead fence, or -iny post, pale, wire, rail, I taken, that he came 
 
 stile, or gate, or any part thereof, worth 2.5c at the lawfully by the 
 
 least, J same, 
 
 or 
 
 « / ' , , i. r -i. ^growing in any garden, orchard, pleasure 
 
 g / any plant, root fruit or " ", Jo 1.1'^ 
 
 ii 'A i. ui 1 i.- - <rn)und, nursery grounu, hot-house, green- 
 
 *^ ' vegetable production r "^ x 
 
 " ^ ' house or conservatory 
 
 CM 
 O 
 
 S 
 
 5j 
 
 ^ '1 
 
 o 
 
 or 
 
 "I used for the food of man or^i and ^growing in any laud, 
 any cultivated | beast or for medicine or for | open or enclosed, not being 
 \ root or plant I distilling or for dyeing or j a garden, orchard, pleasure 
 \ j for or in any manufacture,] ground or nursery. 
 
 Every oxe is guilty of an indictable offenx'E 
 
 ■who STEALS, from the person of) u ^.i. 1 1 ui 
 
 arnfhe "•">' chattel, money or valuable security 
 
 or 
 
 Iany chattel money or valuable security to the EXTENT of S25 
 or 
 ANY chattel, money or ") and, by any menace or threat, puts 
 
 valuable security, J any one therein in bodily fear, 
 
S --r 
 
 58 
 or 
 
 who, by means of any picklock, false\sTEALsan\ thincrfromany iikceptacle, 
 key, etc., j lockeil or otherwise secured. 
 
 Every one is guilty of an indictahle offence 
 
 who, 
 
 DESTROYS, cancels 1 any document of title or any valuable security, testa- 
 conceals or obli- > mentary in-^trument, or judicial, official, or other 
 terates ) document 
 
 u J: 
 
 or 
 
 Takes, obtains, removes or) ^, . ,,,.,. 
 
 conceals i '^'lythnig capal'le ot being stolen, 
 
 or 
 
 who,— 
 
 having obtained, out of Canada, any property l)y ^ rrtngs sucli propert}' inl 
 any act which in Canada w^)uM amount t"o [■ or has the same in C; 
 theft,— ) nada. 
 
 nto 
 
 i- 
 
 Part. XXVII. — Obtaining property by false pretencea and other criminal, frauds 
 and dealings with property. — (Secs.35S to 363). 
 
 A FALSE PRETENCE is a REPRE-^i which REPRESENTATION is KNOWN to the per- 
 
 sentation, by v.'oivls or | son making it to be FALSE an^l which is 
 otherwise, of a matter ofj made with a frau<hilent intent to induce the 
 tact, present or past, j person to whom it is made to act upon it. 
 
 2. Exaggerated COMMENDATION or") unless carried to such an extent as to 
 DEPRECLvrioN of the quality of >■ amount to a fraudulent representa- 
 anything is not a false pretence, ) tion of fact. 
 
 3. Whether such commendation or depreciation does or does") is a QUESTION 
 not amount to a fraudulent reprseentation of fact j of FACT 
 
 KvERY ONE is guilty of an indictable offence 
 
 wlio, WITH intent to DEFRAUD — by] OBTAINS anything capable of being 
 f any talse pretence, either directly or [ stolen, or procures anything capable 
 throughthemediumof any contract j of being stolen to be delivered to 
 obtained by such false pretence, — ' any other person than himself. 
 
 or 
 
 who, WITH INTENT to DEFRAUD or injure any person, 
 
 by any false) causes or procures any person to execute, make, accept, endorse, 
 pretense, J or destroy any valuable security, 
 
 or ■ 
 
 who- wn-ongfully and with) PRETENDS to have sent, by post, any money, etc., 
 wilful falsehood, ) which he did not .send, 
 
 or 
 
 who, by means of any FALSE TICKET or order, or of any other ticket or order, 
 
 fraudulentlyandunlawfully OBTAINS ) any passage on any tramway or rail- 
 
 or attempts to obtain > way or in any steam or other vessel, 
 
 
69 
 
 or 
 
 who, being a trustee of any property for some other person's use or benefit 
 
 or for any public or charitable purpose, 
 WITH INTENT to OEFKAUl) and\C0NVERTS anythinj:^ of which lie is trustee to 
 
 in violation of his trust, j any use not authori&e<l by the trust. 
 
 Part XXVIII.— i^raM(Z.—(SEC8. 364 to 396). 
 
 /Every one, commits an indictable offence who, beinj; a director, manager, 
 pulilic oiiicer (.r member of any body corporate or public company, 
 
 (a) DESTROYS, alurs, mutihites or falsifies any book, paper, 
 writin<r, or \ aiuable security belonging to the liody corpo- 
 rate or public company. 
 
 
 or 
 
 (b) makes or concurs in making any false entry, or omits or 
 concui's in omitting to enter any material particular in 
 ^j any account book or docmnent. 
 
 s 
 
 o 
 O 
 
 \ 
 
 WITH INTENT 
 to DEFRAUD 
 
 or 
 
 vvho, being a promoter, director, public officer or manager of any existing or 
 I intencied company, etc.. 
 
 makes, circulat..s or 
 publishes any pros- 
 pectus, statement or 
 account known by 
 him to be false in ajiy 
 material particular, 
 
 ,_ TO INDUCE persons to become shareholders or 
 
 y. partners, or 
 
 H to DECEIVE (u- DEFRAUD membei-s, shareholders 
 
 - or creditors of such company, etc., or 
 
 = to INDUCE any person to entrust or advance any 
 
 > property to such company, etc., or to enter 
 into any security for it ; 
 
 or 
 
 be 
 
 [who, being or acting as an officer, clerk or servant, 
 
 (a) DESTROYS, alters, or falsifies any book, paper, writing, valu-^i 
 able security or flocument belonging to or possessed by his 
 employer, or received by him for his employer, or concurs 
 therein, or 
 
 (b) MAKES any false entry in or omits any material particular 
 from any such book, etc.. 
 
 ivith intent 
 to defraud 
 
 or 
 
 
 i i 5 [who, being an OFFICER, COLLECTOR or receiver entrusted with receiving 
 ss ^.ii or managing PUBLIC REVENUES, — 
 
 OCT ' 
 
 knowingly furnishes any) ^^ ;^°y «io"ey collected by him or entrusted 
 P 1 "/ ,• . '^ >• to his care or ot any balance m his hands 
 
 lalse statement ^ . i *^ 
 
 J or control ; 
 
 J2 Z 
 
 a ^ 
 
 'who, 
 
 or 
 
 1. MAKES or causes to be made, any gift, convey- 
 (a) with, intent to de- 1 ance, assignment, sale, transfer or deliveiy of 
 fraud his creditors ors his property, or 
 Q '^ I any of them, 2. removes, conceals or disposes of any of his 
 
 [ property ; 
 
60 
 
 or 
 
 '(b) t'.vV/i i'7?fe7?# that any one shall so defraud) , 
 
 1 • „„ rj. 4! 4^1 RECEIVES any such property: 
 
 his creditors or any one oi their., J ^ i v j ^ 
 
 or 
 
 u 'B ^^'1^^. '^'^'^^'^ intent to fDESTliOYS, alters, mutilates or falsities any of his books, 
 
 "^ ~ defraud his ere- 1 papers, writings or securities, or makes or is privy 
 
 ditors or any of] to making any false or fraudulent entry in any book 
 
 tc 
 
 
 
 ■/. 
 
 
 
 -3 
 
 O 
 
 i-» 
 
 ~j-> 
 
 
 
 5 
 
 \^ 
 
 u 
 
 i; 
 
 ^^ 
 
 
 o 
 
 y ~^ 
 
 fi 
 
 s^ 
 
 them. 
 
 i 
 
 en 
 
 ^1 
 
 c3 c; 
 
 c = 
 
 o s 
 
 O Si 
 
 
 
 or 
 
 I \ 
 
 who, being a seller 
 or mortgajjor of 
 land or of any 
 chattel, etc., 
 
 or 
 
 of account or other document ; 
 
 CONCEALS any settlement, deed, will, 
 
 etc., (material to the title), or any 
 
 encumbrance, 
 
 ' or 
 
 FALSIFIES any pedigree on which 
 the title depends, 
 
 u'Uh intent to 
 defraud and 
 to induce the 
 acceptance of 
 the title of- 
 fered. 
 
 -*j ^ 
 
 knoivinfihj, and ivith intent to deceive, makes 
 or assists in making any material false 
 representation, or si'ppresses or conceals 
 from an}^ j'l^^g^ or registrar, etc., any mate- 
 rial document, etc. : 
 
 CO u 
 
 O 1 
 
 •+3 
 
 ' 
 
 c 
 
 , 
 
 OJ 
 
 cc 
 
 
 <u 
 
 r* 
 
 Sm 
 
 •Ti 
 
 D - 
 
 P 
 
 N 
 
 «• 
 
 "S 
 
 h. 
 
 OJ 
 
 fa 
 
 
 [who, in any proceeding to 
 
 I obtain the registration 
 of land, or in any trans- 
 action about land to be 
 registered, 
 
 or 
 
 f , 1 . p ■ J. 1 • 1 1 fraudulently 
 
 who, knowing of any unregistered prior sale, .^.bseuuent sale of the 
 \ grant, mortgage, hypothec, privilege or en-- ^ 
 
 cumbrance of or upon any real property, 
 
 or 
 
 ^ I who pretends to hypothecate, mortgage,! 
 5 j or otherwise charge any real property j 
 
 or 
 
 'who, in the province of Quebec, 
 
 same or 
 thereof ; 
 
 makes any 
 
 the 
 
 of any part 
 
 which he knows he 
 has NO legal or equitable 
 TITLE : 
 
 ivilfully CAUSES or' 
 procures to he 
 seized, in exe- 
 cution, 
 
 any REAL propertv not, then, to the knowledge of 
 the person causing the seizure, the bona fide prop- 
 erty of the person against whom the execution is 
 
 issued 
 
 It is an INDICTABLE OFFENCE 
 
 02 
 
 OI 
 
 u 
 
 o 
 
 %^ 
 % 
 
 'To give a false warehouse^ 
 
 RECEIPT 
 
 or 
 
 to knoivingbj and wilfully accept, transmit^ 
 or use 
 
 [with intent to mislead or defraud, 
 
 iany such false receipt, 
 
 or 
 
 to MAKE 
 of goc 
 carrier. 
 
 vE or aid in making any disposition} n ,, , _„^ ^ -, r^^,.,!-^^ 
 1 . , 1, ^ '{ ' tor the purpose or UP rrauai?? a 
 
 :oods entrusted to a warehouse man or - ■ v r , „ „^: . 
 
 or injuring the consignee ; 
 
P5 5-I 
 
 61 
 
 or 
 
 J I Ito wilfidly MAKE any false statement|^^,^i^j^ ^^^^ ^^ ^^^^^^ ^^^^^^^ ^^^ j^^^^^j^ 
 '^ I in any receipt, for (juaix or others , , 
 
 propei-ty, 
 
 or 
 
 \to frmululently deal} ^^^.^^ ^^^ ^^ ^^^j^.^^^ ^^^ ^^^^ ^^^^jp^ ^^^^^^ 
 
 09 
 
 o 
 
 m 
 
 .2 
 
 3 
 
 EvEUV ONE is guilty of an indictable offenx'E 
 
 'who, — without lawful) APPLIES in or upon any public stores any mark 
 authority, — f appropi'iated for use on Government stores, (') 
 
 or 
 
 who ii'ith intent to conceal Her Majesty's\TAKES out, destroys, or obliterates, 
 property in any public stores, J wholly or in part, any such mark, 
 
 or 
 
 , -.1 , T \ RECEIVES, possesses, sells, or delivers any public 
 
 who, — witiiout law- / . , ,7 11 i 
 
 n , ,, ,., , y stores bearing any such mark, knoxoing them to 
 
 lul autlioritv, — I i i i 
 
 •'' J bear sucli mark. 
 
 Jf the value of the stores does not exceed 825, the offence is a summary oxe. 
 
 Every one is cjuiltv of an indictable offence 
 who CONSPIRES with any other person, 
 
 O 
 
 O 
 
 by deceit or 
 falsehood or 
 other fraud- 
 ulent means, 
 
 "j to defraud the public or any per-^ 
 son, (ascertained or unascertained) 
 
 or 
 
 ; 
 
 to AFFECT the public market price of 
 stocks, shares, merchandise or any- 
 thing else publicly sold. 
 
 whether such deceit 
 or falsehood or other 
 fraudulent means 
 would or would not 
 amount to a false 
 pretence ; 
 
 or 
 
 be . Twho, with intent to defraiul any person 
 
 •S ^ I 
 
 -g -i; ! Tin playing at any game, or 
 
 ^ ^\ CHEATS \ in holding the stakes, or 
 
 
 \ 
 
 in BETTING on any event 
 or 
 
 H 
 
 s . 
 
 -e <y 
 
 p O 
 
 who, 
 
 pretends to exercise /any kind of witchcraft, sorcery, enchantment or 
 or use \ conjuration; 
 
 or 
 
 ^ ^ undertakes to tell fortunes, 
 
 sicl 
 
 u 
 o 
 
 or 
 
 PRETENDS from his skill or) to discover where or in what manner any 
 knowledge in any occult!- goods or chattels supposed to have been 
 
 j stolen or lost, may be found. 
 
 any 
 or crafty science, 
 
 (') For full particulars of Government marks, see sec. 384, Criminal Code. 
 
62 
 Part XXIK.— Robbery and Extortio7i. —{Secs. 397 to 406). 
 
 /Roi5l',EllY is [accompanied with violence or^ used to extort the property sto- 
 / THEFT " threats of violence, to any- lea, or to prevent or ove.coiue 
 [ person or property, J resistance to stealing it. 
 
 Every oxe is c^uiltv of an indictable offence, 
 
 who, 
 
 (a) HOBS any! , fat or immediately before f wounds, strikes or uses personal 
 person, j ' ' [ or af tt-r such rol^bery [ violence to any person ; 
 
 
 f(b) being together with any other person,] 
 
 !^ Lhfjj ,^1- [robs or assaults any person, 
 
 / 'I j with intent to rob ; . 
 
 [(c) beini; armed with an offensive weapon,] 
 
 or 
 
 fCOMMITS robbery, 
 
 or 
 
 \wlio,- assaults any person, ivlth intent to rob, 
 or 
 STOPS a mail, ivlth intent to rob or search it; 
 
 S S 
 
 Eh 
 
 or 
 'who, SENDS delivers or utters 
 
 or 
 
 any letter or writing demanding 
 of any person, ivith nieiia.''ps.iind 
 
 I T .1 • T i.1 „. ,^„. i. i- Without any reasonable or nrob- 
 
 who, directly or uidirectlv, causes to , , -^ ^ ' 
 
 1 T.„r,r.T,rT,r. 1 ' "A 4. i ablc causc, auy property money 
 
 be RECEIVED, knowing the contents i ii ^-l ^ "^ 
 
 " or valuable security, etc. ; 
 
 thereof, 
 
 or 
 
 who, with menaces demands) anything capable of being jivith intent to steal 
 from any person, J stolen, \ it; 
 
 or 
 
 who, — 
 
 ^ (a) accuses ar threatens to accuse either that person or ) any 
 
 ^ =. any other person, whether guilt}^ or not, of J offence, 
 
 § !.= I or 
 
 r^ 3 (b) threatens that any person shall be so accused by any other 
 
 ~ \ ? z, person, 
 
 i s; jo >, or 
 
 '~ 'i:: \ jii ^ (c) causes any person to receive a document contain • ) knowing its 
 
 ■1 
 
 >i " I -3 o ^"o such accusation or threat, [ contents, 
 
 b i >? ^ ^'^^ ^y '•'"'^ ^^ said means, compels any person to execute, make, 
 
 z I - "^ accept, endorse, alter or destroy any valuable security, or to write 
 
 ^ \ ^ or affix any name or seal upon or to any paper, etc., in order to be 
 
 -^ ^ afterwards made or converted into or used as a valuable security. 
 
63 
 
 Part X-X-X.— Burglary.— (Secs. 407 to 418). 
 
 05 
 
 'DwELLlKG HOUSE ^ kept, by the owner or occupier thereof, C 
 means a pernia- > for the residence of himself, hi.s fa- < 
 
 althouifh, at in- 
 perma- >■ lor iiie resiuence oi lumseii, ins la- -; tervalK unoc- 
 nent buikling, 3 mily, or servants, ( cupifd. 
 
 tcJ A huildinsj occupied with and 
 within the same curtilai,^*; 
 with any dwellinjr housr, is 
 di-emed part of said dwell- 
 inif house, 
 
 'To " BREAK " means. 
 
 if, between the building, and it, there is a 
 communication, — innnediate, or by means 
 of a covered or enclosed passage, — leading 
 from one to the other, but not other- 
 
 wise. 
 
 ^ to 15HEAK any 
 cj ■ pai't internal 
 or external of 
 a building, 
 
 ^ to OPEN, l)y any moans, (including lifting, in the case of 
 things kept in place by their own weight), any door, 
 window, shutter, cellar-tlap, or other thing intended to 
 cover openings to the building or to give passage from 
 one part to another. 
 
 c 
 
 -5 
 
 s 
 
 K 
 
 An ENTRANCE") C as soon as any part of the body of the person making 
 
 into a build- v is made - the entrance or any part of any instrument used 
 
 ing 
 
 (^ by him in within the building. 
 
 who OBTAINS ENTRANCE into any building by any thrtat 
 o or artifice used for that purpose, 
 
 or 
 
 ^ who ENTERS any CHIMNEY or other aperture of the 
 W building 'permanently left open for any necessary 
 purpose. 
 
 is deemed to 
 have BiiOKEX 
 
 and ENTERED 
 
 that building. 
 
 4, 
 
 m 
 
 Every one is guilty of an indictable offence, 
 
 fwho breaks and enters, 
 
 land commits, \ 
 
 or l'*^ny indictable offence therein ; 
 
 [ivith intent to commitj 
 or 
 who, having committed any indictable offence | 
 
 any place of public 1 
 worship 
 
 therein, 
 
 ^< breaks out of such place 
 
64 
 
 or 
 
 V 
 
 « 
 
 c 
 
 r/: 
 be 
 
 <o 
 
 o 
 
 CO 
 
 O 
 
 m 
 
 ,who, 
 
 house, by Mif;ht, 
 
 WIIU, 
 
 i{a) 15REAKS and ENTERS a flwollinfr JtriV/i intent to commit any indictal)le 
 
 1 ' 
 
 offence tlierein 
 
 or 
 
 (b) BHEAFCsouT of "^ eitlier after conimittinij; an indictable offence therein, or 
 any dwellino-- - after liavinic entered, by day or by nii,dit, with intent 
 house, hi/ nvjht, ) to commit an indictable offence therein ; 
 
 or 
 
 who BREAKS and enters, 
 
 /'and co'iiwtits, "] 
 
 auy dwelling liouse, bij] _ | a ii y indictable offence 
 
 day, 1 I therein ; 
 
 \ivith intent to commit. I 
 or ^ ^ 
 
 who BREAKS OUT of any dwelling- ( after having committed any indictable 
 house, by day, \ ofience therein ; 
 
 or 
 
 b 
 
 who, b}' day 
 ^ I or by night, 
 '^ I RREAKs and 
 extehs, 
 
 s 
 PC 
 
 a school house, shop, warehouse or i -, ., ■,, 
 
 ,. , ^ 1 M 1- and comviits, or icith 
 
 counting-liouse, or any buildnig 
 
 within the curtilage of a dwelling 
 
 house, but not so connected with 
 
 it as to form part of it, 
 
 intent to commit any 
 indictable offence 
 therein ; 
 
 or 
 
 who, unlawfully, enters or is in, 
 
 any dwelling hou.'se, by\ -u ■ j. / | to commit any indictable offence 
 \ night, ] "'^"^ intent, | ^1^^!.^,,^ . 
 
 or 
 
 
 c 
 c 
 
 't. 
 
 a 
 
 ;_ I who is found armed 
 ' with any dangerous 
 01" offensive weapon 
 or instrument. 
 
 '(a) by day, ivith intent to break or' 
 enter any dwellinghouse. 
 
 or 
 
 (b) b]i nigJit, with intent to break into 
 
 an^' BUILDING, 
 
 and to commit 
 any indict- 
 able offence 
 therein ; 
 
 ; 
 
 or 
 
 Si 
 
 
 c 
 be 
 
 .S 
 
 'S 
 
 m 
 
 (a) having in his possession, |any instrument of /ioitse- J without lawful 
 by night, j breaking, \ excuse, 
 
 or 
 
 (b) having in his possession, "I any such instru-fzt'i//i intent to commit 
 by day, J ment, (^ any indictable offence, 
 
 or 
 
 (c), (d), having liis face 
 masked 01 blackened, 
 or being otherwise 
 disguised, 
 
 by night, without Inwful excuse, 
 
 or 
 
 by day, with intent to commit any indictable 
 offence. 
 
65 
 
 Part. XXXI.— Fo>-*7ery.— (Secs. 419 to 432). 
 
 g (any 
 
 A Docviinent means, //* fit is part, 
 
 o 
 
 paper, parchineiit j marked Tbiit does not include traile marks on 
 or other material. used I witli matter' articles of commerce, or inscriptions 
 for writing' or print- 1 (•apal)le of | on sLone or metal or other like ma- 
 
 ing. 
 
 beniif read 
 
 term I 
 
 o 
 
 ''" Bank Note" includes 
 
 All nei![ocia1ile instruments of any hankin^^ institution, or of the Parliament 
 of Canada, or (jf any foreiifii prince or tjoveriuuent, or of any cjovernor or 
 other authority lawfully authorized thereto in any of Her Majesty's 
 douiin'ons and intended to he used as equivalent to money 
 
 and 
 
 all bank bills and haidv post bills. 
 
 
 includes 
 
 § K^ [^ I exchequer bonds, notes,"! issued under the authority of the Parliament 
 -^ ryfS I debentures and other!- of Canada or of any Legislature of any 
 
 H O-W 
 
 i 
 
 securities 
 
 J 
 
 province. 
 
 /" False 
 
 
 Is: ^ o 
 
 Document " means a document 
 
 (a) purports to he iiuuh' by or on behalf of any person who did NOT 
 
 make or authorize the making of it, or 
 
 which. — though made by or fis falsely dated f , -li. ■ 
 
 I xi j-i ^i. X! ii A i • ; when either is 
 
 bv the authority ot the per-< as to u/ue or piace\ , . , 
 
 son purporting to make it,- 
 
 [of making, 
 
 1 
 
 material, 
 
 or 
 
 (b) purports to he nvtde by or on behalf of some person who did 
 NOT, in fact, exist, 
 
 or 
 
 (c) which is made in the nana 
 
 of an EXISTING PERSON, 
 
 either by that person or by 
 his authority 
 
 ivith the fraiididerd intention that the 
 
 document should pass as being made by 
 some person, real or fictitious, other than 
 the person who makes or authorizes it. 
 ^2. It is not necessary that the fraudulent intention! but it may be proved by 
 should appear on the face of the document, J external evidence, 
 
 u 
 
 (V 
 
 be 
 
 u 
 O 
 
 '^Forgery isl 
 the making 
 of a false 
 document, 
 knowintr it 
 to be false, 
 
 -fc» ^ 
 
 fTHAT it shall in any way be acted upon as genuine, 
 to the prejudice of anyone, whether within Canada 
 or not, or that some person should be induced, 
 by the belief that it is genuine, to do or refrain 
 from doing anything, whether in or out of 
 Canada. 
 
06 
 
 M A K I X f J a 
 
 KALSE DOCU- 
 
 M EXT i n- 
 cludes 
 
 'altering a (jeniiine docmnevt in any material part, 
 
 and 
 MAKING any material ADniTiON to it, 
 
 or 
 
 ADDlNfi, to it, any fulse ddte, attestation, seal, or other 
 thinij: which is material. 
 
 or 
 
 > 
 
 MAKING any nuiJi-ridl alterdi'on in it. either hy ERASURE, 
 obliti!ration, removal or otherwise. 
 
 
 c 
 
 THOiGH the otiVnder may not have inten<led 
 
 that any 'p<rr(ical<ir per,-<(ni should use or act 
 
 \- upon it as genuine, or be induced, by the bL-lief 
 
 suen Kuowit'dcre and - ' .. " , , i? • l- i • 
 
 , !• • 1 m its :^enumeness, to do or retram irom domgr 
 
 mtent as atoresaid, .1 • ^ 
 
 ' I anvtiuno' : 
 
 * a, O - 
 
 as soon as the docu- 
 ment is maile, with 
 such knowledcre anc 
 
 - 
 
 or 
 
 AT/niouGlf the false document may be lit! it be so made as, and is 
 incomplete or may not purport to be I such as to indicate that 
 such a dociunent as would be bindin*^j it was intended, to be acted 
 
 in law, 
 
 Every one is guilty of an indictable offence 
 
 \s ho, 
 
 COMMITS FORGERY, (*) 
 
 on as genuine. 
 
 I I who, 
 i jknowimj; a docu- ") uses, deals with, or acts upon it, or fas if it w( 
 
 ) ] ment to be forged, j attempts to use, deal with or ;)ct upon it | genuine ; ( 
 
 
 ere 
 
 2\ 
 
 or 
 
 o 
 
 X 
 
 
 'who, with intent to defraud, 
 
 ( AUsEs or procures any TELE-I ^'7^on'r/)/7 that it is not ftfnt hy such nuthor- 
 gram to 1)6 SENT or delivered | if)/, with intent that such telegram 
 as being sent by the au- j should be acted on as being sent by that 
 thority of any person ; | person's autliority, 
 
 or 
 
 who, with INTENT to injure or alarv any person, 
 
 SENDS or procures to be sent any telegram "[ containing matter which he 
 or letter or other message ) knows to be false, 
 
 (') Tlie punishment for forgery varies in degree, — uji to imprisonment fur life,— according 
 to%he description of document forged. (See Sees. 42;!, 425, 420, 427). 
 
 {') It is iuunaterial where the docunient was forged. 
 
67 
 
 o 
 
 
 o 
 
 or 
 
 'who, 
 
 witliout lawful authority or excuse." 
 
 I'UUCHASKs or roCL'ives from anv 
 
 person 
 
 * or 
 
 any forged uaxk note , . .. 
 •^ ,. 1111 ^ xkiioirinq it 
 or iorj>ed l>lank note, , , •,. 
 
 1.1 1 . to be ror- 
 
 wliitlier complete or 
 
 not, 
 
 ged, 
 
 HAS in his custody or possession 
 
 or 
 
 who, 
 
 'makes or executes, draws, signs, accepts or endorses, in the 
 name or on account of another person, hy procuration or 
 otherwise, any J)()CUMEXT 
 
 WITH INTENT to 
 DKFUAri), and 
 without law- 
 ful authority 
 or excuse, 
 
 or 
 
 MAKES Use of (jr utters «»_»/ ^uch docamcnf knowing it to 
 be so made, executed, signed, accepted or endorsed ; 
 
 or 
 
 o 
 
 'who, 
 
 (a) DEMANDS, receives, obtains, or causes or procures to be delivered or paid 
 to any person, anything. 
 
 1-= 
 
 diny fonjed instrument, knowing it to be forged. 
 
 or 
 
 rr ; S""£ <iiiy j>i'<>'>ote or Irt- 
 
 " ■> tei't; of adiuiiuti- 
 
 'Z t rat ion, 
 
 -3 
 
 or 
 
 knowincf the will, etc., on which such probate or 
 
 letters of administration were obtained to be 
 
 foiycd, or 
 kno'icinfj the pro/^a/^' or letters of administration 
 
 to have been obtained by any false oath, af- 
 
 tirmation or affidavit. 
 
 \{h) ATTEMPTS to do any such thing. 
 
 Part XXXII. - Pre2)(iration for Forgery and Offences resembling Forgery. — 
 
 (Secs. 433 to442). 
 
 Every one commits an indictable offence. 
 
 /who,- 
 
 o 
 
 en 
 
 1^ 
 
 (a), (e), MAKES, 
 
 T" ^ 
 
 uses or know- 
 
 
 ingly has in- 
 his posses- 
 sion. 
 
 \> 
 
 any machinery, | *"^^ ^'^^'^'^^'"'^ ^'^^^^^1^^^^^ ^^^" paper re- 
 y , . venue paper, or paper nitended to 
 
 instrument or- i i ii, i n e i i 
 
 . . 1 resemble the bill paper oi any bank- 
 
 material . ' ^ --^ 
 
 institution. 
 
 or 
 
 any exchequer hill jwper, revenue paper, or paper in- 
 tended to resemlile the bill paper of any banking 
 
 institution, 
 
 or 
 
 Vf 
 
 any paper containing any exchequer hill or bank note, 
 
68 
 
 or 
 
 u 
 
 Z 
 
 V. 
 
 . (b), (f), ENGRAVES on nnv plate or mnterial ^ , , .,, 
 
 X " ' \\\wy ejciieqxierhal or 
 
 E; or liaiik note or miy 
 
 \ i (c), (g). i:«Es any plate or material /(.,• i^vinilm}] <'"^'t''""'"ent bond, 
 
 l" ^ or 
 
 ^ -^ (d) knowingly has in his") any such /^/./'f or niatcrial as subse 
 -= ^ possession j (1)) iuul (c) refer to, 
 
 ^ •- or 
 
 ctions 
 
 5 - ,1 ,1 • 1 ,.,^T^,. . A- ) *^"V paper upon which anv (Jovern- 
 
 - (10 knownijjlv OFFERS, disposes f " •' ^ S i' ^ ^; ,. , 
 
 ) anv paper upon which 
 >poses ?•'•',, ] , , ,- L- 1 
 
 1? .1 '„ :" u- ^ • r 111. lit l)nii(i cr anv part thereoi lias 
 
 oi, or has m his possession i , • . i - ' 
 
 ^ ; been printed , 
 
 or 
 
 Iwho 
 
 o 
 
 (a) fraudulently COUNTERFEITS any Government revenue stamp, 
 
 or 
 
 (b) knowini^ly sells ov exposes for sale, or ( , j ^- -^ ^ 
 
 ' , '^ "^ ' anv such rin' vterteit htump, 
 
 utters or uses \. " 
 
 or 
 
 fc), without lawful excuse, MAKES") r , , ,. , . ^, . 
 
 ^ ' 1 11 • 1 • hiny DIE orjcapab.e oi makini; the im- 
 
 or knowin<rly lias, in his posses- r . ■', i.i ^ • c '^ i . 
 
 " "^ ' instrument t pression oi any such stamp, 
 
 sion, 
 
 or 
 
 (d) fraudulentl}^ CUTS, tears or' 
 removes from any material 
 
 or 
 
 ^ 1(e) fraudulently MUTILATES 
 
 tx/ 
 
 (tviih intent that any use 
 any such stamp,- should be made of any 
 [ part of it, 
 
 or 
 
 o 
 Q 
 
 (f ) fraudulently fixes or places, 
 upon any material, or upon 
 any such stamp. 
 
 any stamp or part of a stamp which (fraud- 
 ulently or not), has been cut, torn or re- 
 moved from any other material or other 
 stamp, 
 
 or 
 
 ig) fraudulently erases or otherwise, either really ov\iv'ith intent that any 
 apparently, removes, from any stamped material, | use should be made 
 any NAME, sum, date or other matter or thing I of the stamp on 
 thereon written, J such material, 
 
 or 
 
 ., ,, • , ^^anytsto77^» fraudulently citf, torn or otherwise removed 
 
 ^ ^ .,, i. 1 i; 1 from any material, or any stamp iraudulentlv muti- 
 without lawful 'i , , "^ , J z • ^ L e u- I, " 
 
 . ~ lated, or any stamped material out ot which any name, 
 
 , . ' ' ■ ' sum, date or other matter has been fraudulently 
 
 his possession, ' , "^ 
 
 ^ ' ) removed. 
 
on 
 or 
 
 s 
 
 r 
 
 
 a 
 
 ■^ 
 
 
 
 
 
 rr. 
 
 
 
 r- 
 
 
 
 
 a- 
 
 
 i" 
 
 j= 
 
 
 CS 
 
 -*• 
 
 >^ 
 
 ~i-J 
 
 
 
 m 
 
 —. 
 
 ^ 
 
 tc 
 
 H 
 
 
 C ' 
 
 :j 
 
 
 
 -^ 
 
 
 
 z: 
 
 )j 
 
 Cm 
 
 r^ 
 
 ^ 
 
 
 
 *^ 
 
 a> 
 
 is 
 
 
 -u 
 
 
 
 C 
 
 . , 
 
 
 MAKES oi'lnny Governmnif mark or brand, or the impression of 
 counterfeits I unv sucl) mark or lirjiiid, 
 
 or 
 
 e , ^anv ijoods havin-' thereon a couiitcrffit of 
 :m.s or exposes tor sale "^ i , i 11 ■ •, , 
 
 , . ; . . - any siicli mark or bratid, knowin'j it to 
 
 or has in his possession 1 4. <• -j. " 
 
 ^ be counterieit, 
 
 or 
 
 AFFIXES any"| to any goods rerjuired by law to be markcil other than 
 sncli mark,' thost- to which .such mark or bran I was orit^iually 
 
 5 \'Z- sucli mark/ tliost- to 
 
 O [ or brand j attixed ; 
 
 or 
 
 who 
 
 (a) unlawfully DESTkovs defaces' 
 or injures 
 
 
 or 
 
 any le<^al REGISTER of hirthi^, baptisms, 
 marriages, deaths or burials, or any 
 part thereof, or 
 
 any copy of such register or any part 
 thereof legally required to be trans- 
 r itted to any registrar, etc., 
 
 (b) unlawfully inserts any false 
 entry in or erazes any material 
 part from 
 
 or 
 
 I 
 
 o \ 
 O X 1 knowingly utters any such certificate, 
 
 '• ^ / ^ or 
 
 03 X < or 
 
 M 1*^ (b)unlawfully and fraudulently TAKES from ") any such register or certified 
 - " its place of deposit, or CONCEALS \ copy. 
 
 X 
 
 X 
 
 or 
 
 , (c) being a pei'son in custody) .^ .„_ -i. i 1 j. , 11. 
 
 y^ ^1 f f * Ei'^tiTs it to be so takon or concealed ; 
 
 or 
 
 who, 
 £ 1(a), being by law required to certify that] MAKES such certificate knoiring 
 any entry has been made in any such ]■ that 
 
 
 any entry has been made in any such y that such entry has NOT been 
 register J made, 
 
 or 
 
 - o Ub),being by law required to make a certificate! knoivingly makes such cer- 
 S o or declaration concerning any particulai- 1 tificate or declaration 
 -£3 ^ /' required for the purpose of making entries j containing a fuLseJiood, 
 § S ^ in such register, j 
 
 °^ or 
 
 ■5, '" i^^)' being an officer in custody ) wilfully utters a, false copy or certificate 
 g ' j of Court records, ) of any record, 
 
 o I 
 
 ^ I or 
 
 '3 1 
 
 fc 1(d), not hemg\fraudidentli/ signs or certifies any copy or certificate of 
 
 \ such officer,/ any record, etc., as if he were such officer, 
 
(Mr 
 
 Piil.lic 
 Fuiuis, 
 
 who, 
 
 (a) luMiifja It'rjnl- ' trilfulh/ cerHtifH, as n true copy of or extnvct from uiiy 
 \y iiuthoriztjil •< iloeuiiient, iiiiy writini; wliicli he knows to be untrue 
 ortictr, (. in any material particuhir, 
 
 or 
 
 (b) not beinj; such ifraiuluhmtbj ,^i(/vsor certifies any copy of or extract from 
 ofiicer, ' any <locumc!it as if lie were sueli oflicer. 
 
 It is an INDICTAHLE OFFENCE 
 
 To MAKE FAF-sE ENTRIES in books relatini,' to public funds : 
 
 or 
 
 To issi'E /a/,sc dividend x-nrrants in respect of s\ich( f it /i intent 
 funds, (^ to dcfrmul. 
 
 It is a SIMMAUY OFFENCE, 
 
 Ti) MAKKor rsK any business or professional j in the ///.e/) ess of any Ixm/- note 
 card, circular, etc., ( or (Jovernment security. 
 
 Part XXXIII. - Forgery of Trade Marks — Fraudulent Marking of Merchandise. 
 
 (Secs. 443 to 455.) 
 
 „• ''EvEiiY ONE is deemed to FoiiGE a tkade mauk, 
 
 s 
 
 « ! wh 
 
 <) ■ 
 
 (a) witlu. 'it the assent of the f makes tliat tra<le mark or a mark so 
 proprietor of the trade -< nearly resemblinj:^ it as to be calculated 
 mark (, to deceive, 
 
 or 
 
 05 
 
 U 
 
 as 
 c 
 
 eg 
 ft 
 ■*^ 
 
 be 
 
 c 
 
 < 
 
 (])) fa!>sifies any gvnuine f whether by alteration, addition, eftace- 
 trade mark, ( ment or otherwi^-e ; 
 
 Every one applies a trade nvirk, or mark, or trade description to goods, 
 
 [to the GOODS tii('mselves, or 
 ( (a) (b) I to any COVERING, label, reel, or <jther thing in or with 
 APPLIES IT I which the goods are sold, or exposed, or possessed for 
 \ any purpose of sale, trade or manufacture, 
 or 
 
 (c) PLACES, encloses or annexes any such (joods in or with or to any 
 covering, label, reel, or otiier thing to which a trade mark or trade 
 description has been applied, 
 
 or 
 
 (d) USES a trade mark or mark or trade description in any manner 
 calculated to lead to the belief that the goods in connection with 
 which it is used are designated or described by that trade mark, 
 mark or description. 
 
 who 
 
 TRADE MARK or mark ( whether woven, impressed or otherwise worked 
 trade description is -, into or annexed or affixed to the goods or to 
 
 2. A 
 
 or trade description is -' into or annexed or affixed to tiie goods or to 
 deemed to be APPLIED, ( any covering, label, reel or other thing ; 
 
 3. Every one is deemed to falsely apply, to goods, a trade mark or mark, 
 
 who, — without the assent of f applies such trade mark or a mark so 
 the proprietor of the trade J. nearly resembling it as to be calculated to 
 
 mark, — 
 
 deceive. 
 
71 
 
 Every one is jifuilty of im indktaiile offence, who,'— 
 I (ii) FolUiEs any trade iiiHi-k, 
 1 or 
 
 •■C, ( .) FALSKLY AI'IM,IP:S to Uliy ) , , , 
 
 ^ ^ ' , "^ • any trade mark, 
 
 ■^ goods, > " 
 
 5 ' or 
 
 "~ (c) MAKES, or ) 'i'>y '*"''' ^'lock, Ilia- 1 /!'/• the purpns,' ot"/b/Y/(7ijf; 
 
 ■^ (e) l)lsi'<jsES OF, or lias ill - chine or other ins- - or hfini,'nsed for fori,nng 
 
 •5 his possession, ) truiiient (. a trade mark, 
 
 ■^ or 
 
 ■^ (d) AlM'LlKs any false description to any ;40ods : 
 
 
 
 or 
 
 who SKl.l.s, or exposes or h;w iiP - 
 his [)ossessi()ii fur sale or any 
 pur})o^e of trade or manu- 
 t'acLure, any i,n)ods, to which 
 is a]>plied any for^'ed trade 
 mark or false description, or 
 to which any trade mark is 
 falsely applied, 
 
 or 
 
 y. 
 
 '(rt) that, havinij taken all reasonable 
 preoantioiis, Im had no reason to 
 suspect the i^eniiineness of the trade 
 mark, etc., and 
 
 (b) that, on prosccntor's demand, he 
 e'ave all the information he could of 
 the persons from whom he obtained 
 such <;'()oils, and 
 
 ^^e) that, otherwise, he acted inno- 
 centlv ; 
 
 o [who, — without the as- r SELLS, or exposes or offers for sale, or trath 
 3 sent of the proi)i'ietor ■( in bottles marked with a trade mark blown ( 
 ;:S [ (jf the trade mark, — (. otherwise permanently affixed therein. 
 
 iffics 
 or 
 
 EvKiiY ONE is «;uilty of a summary offence 
 who FALSELY l»y a person holding a loyal warrant, 
 
 or 
 
 REPRESENTS 
 
 t li a t any 
 •g o o d s are 
 made 
 
 ,. ,, Tof Her Majesty or any of the Royal family or any 
 ■ ' S Government department of the United Kin<i"dom 
 
 service 
 
 1 
 
 or of Canada, 
 
 or 
 
 y. 
 
 
 who IMPORTS 
 
 or attempts- 
 to import 
 
 any (JOOds subject to forfeiture under this part, or 
 any e'oods of foreiji^n' unless such name or trade mark 
 manufacture bearing is accompanied by a definite in- 
 any British or Cana- dication of the foreign state 
 dian name or trade where the goods were made or 
 mark, produced ; 
 
 and such goods shall be forfeited 
 
 Every CHATTEL, article, instrument or thinrr by means r . ,, i ^^, 
 .• • 1 .• i 1 - 1 Lv ^ 1 ■ .\ ■ \ shall be FOB- 
 
 ot or in relation to which any offence de. ned in this I 
 
 part has been committed ( 
 
 FEITED. 
 
72 
 
 Part XXXIV.— Pe>so««/ion.—(SECS. 456 to 459), 
 
 c 
 
 EH 
 
 c 
 
 v. 
 
 EvEiu' ONE is guilty of an indictap.le offenx'E 
 
 / , . f'l'iy person, living or (lead, or tlio'i iv'dh intent fraudulently 
 
 ",,,, ' " - administrator, wife, widow, next.- to obtain any pro- 
 [ of kin or relation of any person, J p^'rty ; 
 
 or 
 
 who, 
 
 falsely, with intent to^l a ra candidate at any competitive or qualifying 
 gain sonic, advantage ! ~: S | exajnination held under any law or in 
 for himself or some [i! >^ I connection with any university or col- 
 
 lege. 
 
 other person, 
 
 or 
 
 j-to be personated thereat, 
 
 , , . , MI,- ,,. f of the results of such per- 
 
 who knoirmqbi avails hnnselt- . . ,,\ 
 
 ■' ^ ( sonation : ( ) 
 
 who procures himself or anj- other 
 person 
 
 or 
 
 or 
 
 O 
 
 any owner or. 
 
 owner 
 
 >,. TltAXSFElf.s or endtavnrs to transfer .such 
 stock, 
 
 or 
 
 a any duly au- ,. :. 
 
 ^ 4.U • ]" i. oi anv r 
 
 < thonzed at-? , ']'.'_£ 
 
 c torney of any ^1;^ I obtains or endeavors to obtain any money, 
 
 etc., due or receiveable thereon : 
 
 or 
 
 , .,, .ACKNOWLEDGES, in 
 
 who, — witnout , , 
 
 1 ,. 1 ,, any other persons 
 
 lawful author- r "^ i c 
 
 -. name, bt;iore any 
 
 ity or excuse,-] Court. etc. ^ 
 
 'any RECOGNIZANCE of bail, or any 
 cof/novit actionem, or consent for 
 judgment or judgment, or any 
 deed, etc. 
 
 Part XXXV.— O^CHces a/jainstthe Coin. — (Spx'S. 460 to 478). 
 
 a: 
 
 '" Current'! ^ g jany gold 
 <j(jldor sil- >,i '^ - or silver 
 J '^ [■ 
 
 ver coin 
 
 com 
 
 coined in any of Her Her Majesty's mints, 
 
 01- 
 
 and 
 
 o . " CURRENT copper I copper 
 
 03 
 
 fcc 
 
 o 
 
 of any foreign prince, state or country, law- 
 fully current in the Queen's dominions. 
 
 coin" includes j oin 
 
 "Copper coin"! includes j '-^'^y coin of bronze or mixed metal, and every 
 j ( other kind oi coin than gold or silver. 
 
 " Counte::keit " means 
 
 f false, — 
 (not genuine. 
 
 (') These ofienses of personation at examinations are summary as wt'l as indictable. 
 
73 
 
 o 
 -1^ 
 
 
 
 iiiirher deiioniiiiatioii 
 
 ana 
 
 pre[)ar*.'«l or alte 
 
 (2) A coin fraudii- ^ so as to remove tlif niinhic' and on whicli 
 Ifntlv fii.p:I) or r f^ new niillini: lias bt-i-n a(lde<l to 
 
 ,'l) Any GEXUINE coin) so as to rcseniMe any current coin of 
 ^^ • " red) al 
 
 ifntiy m.Ki) or r 
 
 cut at tlie ed^'es) restore the appearance of the coin 
 
 IS a coirxTEll- 
 KKiT coin. 
 
 " GiM) " an<l 
 " SILVKR " 
 
 inchide 
 
 canintj with goM or silver, respectively, 
 and 
 
 •(i.s/ii'iifi and ri)l<>rii}f/\ wit\\ any wash or material capaV)le of 
 ])y any means what- - producing tlie appearance of gold 
 
 j or silver respectively. 
 
 soever, 
 '^"U'JTEli" includes "tender" or " put oH." 
 
 o 
 
 
 c = 
 
 ^ z 
 Si o 
 
 Every oti'ence 
 
 Of MAKING or ^ 
 
 (Jf HL'YIXO, si-lling, receiving 
 
 paying, tendering, uttering [ 
 
 or putting otl", or 
 (Jf offering to buy, sell, receive 
 
 pay, utter or put off. 
 
 is complete, 
 
 althourrh the counterfeit coin 
 was not in a tit state to be 
 uttered. 
 
 or 
 
 tlie counterfeiting thereof was 
 not finished or perfected. 
 
 o 
 
 Every one is guiltv of an [Ndictable offence 
 
 who 
 
 (a) MAKES or begins to make any counterfeit coin 
 
 or 
 
 > (b; GILDS or SILVERS any coin 
 
 cc 
 
 • or 
 
 ~. (c) gilds or silvers any piece of silver or, and vAtJt intent 
 
 g copper or of coarse gold or coarse 
 
 ^^ silvtT or of any metal or uiixturc of 
 
 .5 metals, being of a tit size and fitrure 
 
 Cm 
 
 U 
 
 to be coined 
 
 that the same 
 shall be coined 
 into counterfeit 
 coin 
 
 resemb ling or 
 apparently in- 
 tended to re- 
 semble or pass 
 for any cur- 
 rent gold or 
 silver coin : 
 
 or 
 
 g (d) GILDS any current silver 
 
 o 
 
 O 
 
 com, or 
 (e) GILDS or Si I VERS any cur- 
 rent copper coin 
 
 or FILES, or m any 
 manner alters such 
 coin, 
 
 rcith intent to make the 
 the same resemble or 
 pass for any current 
 gold or silver coin ; 
 
 or 
 
 
 
 
 'who, — without lawful authority or excuse, — 
 
 Ruvs. sells, receives, pays or puts off, or offers fany COUNTERFEIT of any 
 to Imy, sell, receive, pay or put off, at or for.' current gold or silver 
 a low^er rate or value than the same imports I coin or of any current 
 or is apparently intendeil to import, copper coin, 
 
 or 
 
 iMrORTS or receives into Canada any counterfeit of any current gold or 
 silver coin, knowing it to be counterfeit. 
 
74 
 
 or 
 
 c 
 
 who, 
 
 MANTKACTritES, in 
 
 C'anailu, 
 
 V 
 
 any copper coin, 
 
 or 
 
 imports into) any copper coin other tl 
 Canathi ( copper coin, 
 
 han current 
 
 with the intention 
 of putting the 
 same into circu- 
 lation as current 
 copper coin. 
 
 or 
 
 UlHl.- 
 
 % z '\\ithont lawful authority or excuse, — 
 
 x**^ KM'' 'i: IS or lupins to export, from f any counterfeit { knowinii it to be 
 *• Cauaija, ^ coin. j counterfeit ; 
 
 or 
 
 ;r 
 
 wri<>. 
 
 witlii'iit lawful authority or excuse, — 
 
 MAKKs <ir lufU'ls, or l)egins or pi'ocecds i any niiifruiii''iifs iov eon ntc rfeit ing 
 tf) niakf or meuii. or Imys or st-lls, < current (/dUI or n'dvet' or copper 
 or has in his cu>toily or possession, (. coin, or foreign coin ; 
 
 or 
 
 liiUN'Cs I. Ill cf H.-r Majt-^tv's mints, into") ■ ■ ■ i 
 
 ., 1 ' ^ ixuy ('nimia i list riiiac'ius : 
 
 <;>r 
 
 y. — 
 
 who iMfAIits. liiniiuishes or lirjhtens f u'lti, infi'iif that it may piss for 
 any current gold or silver coin, ( current gold or silver coin, 
 
 or 
 
 wlio |)i;K.\rKs any current gold, j'whetliersuch coin is or fand afterwards 
 silver or coppt-r coin. I >y ^tamping is not tlu-reliy diuiin- tenders the 
 , tliereon any names or words, I ished or lightened, { same : 
 
 or 
 
 C who unlawtnlU- has, m ( anvK!i,i\(;.s or clippmgs of ^ , • ,, 
 
 vf 1 1- i. i ' 1 " i. 1 1 ^^1 [knoviiKj them 
 
 riluii,'s. - Ins custoilv oi- ])os- -v c\n'rent gold or silver J- i. i i 
 
 ^ ; . -^ ' j . " V to be such : 
 
 I, -^essKai, (. coin, ) 
 
 or 
 
 -c.-tf , who lias, in his custody or possession, 
 
 cc 't: „• any couxiEHFEiT of current ixoM oii ; • i.i i i . 
 
 « o.-.' "., . " /c7;o?''n)r/ the same to be counter- 
 
 ^ -^ o silver com, or TllP.EE (jr more coun- '. ,. ., " , -,1 ■ i . l 
 
 X = o , ,. •, . ,. I leit. an<l irdli in f rat to vn'YAl 
 
 ti'rteit pieces or current copper ,, 
 
 ^ ) the same : 
 
 com. ^ 
 
 
 or 
 
 who M.VKEs ;^. <of any cum t copper coin, 
 
 or 
 
 begins to 
 make 
 
 or 
 
 :-i S of any foreign gold or silver or copper coin, not being^ 
 S =" Icurrent coin : 
 
or 
 
 /■vvlio, 
 
 03 
 
 1, BRINGS into, orl 1 c • 1 7 • -4. J- 1 
 
 ' . • /-. f any such loreign coun- ' knowrva it to be coun- 
 
 receives, iii Ca- r I c i. ■ C *. e -l 
 
 1 \ terteit com, \ terteit 
 
 o \ <, -^ or 
 
 br\ ^2, HAS, in his cus- ^ i r? • ^ knowincj it to be counterfeit 
 
 .S*-\-S ^ , ^ \ any such loreign ' , ^^-.i • ■ 4. , . «• 
 
 p M=; ^ tody or posses- > .. l- -^ ^ and with intent to put oil 
 
 s I z . r . -^ ^ I counterreit coin, \ , , ' 
 
 ^ /:3 g sion J 'J tlie same, 
 
 or 
 
 Uvho UTTERS any such foreign counterfeit coin ; 
 
 or 
 
 > of any current gold or silver coin,] 
 who UTTERS any I , t knowing it to be 
 
 counterfeit j" I counierfeit ; 
 
 j of any current copper coin '' 
 
 or 
 
 1 ,,^^,^„„ ^ any cjold or silver coin") knoivivrt it to have been im- 
 
 who UTTERS, as ' •'r.n ,1 •. 1 f • 1 i.1 ■ J.1 I 
 
 , • , ,"- 01 less than its law- > paired, otherwise than by 
 
 being current, ^ x- 1 • , - V 1 v 1 
 
 '^ ) lul weight, ) lawiul wear ; 
 
 or 
 
 ^ 
 
 5 \ who, — '-(i-it/t intevt to defraud. — 
 
 UTTERS as and '^"-^ ^"^^"^ ^^*^^ being such current gold or silver coin, or 
 for any cur- any medal or piece of nietal"^ the same being of less value 
 rent gold or resembling the current coin >• than the current coin for 
 silver coin, for which it is so uttered, j which it is so uttered. 
 
 Every one is guilty of a summary offence, 
 
 ("any coin defaced by having stamped thereon any names or 
 
 , words, 
 
 hvJio utters-; ^yY 
 
 (,any uxcurrent copper coin. 
 
 Part 'K'XX.'VI.— Advertising counterfeit wjoncy.— (Secs.'479 to 4n0). 
 
 It is an indictable offence, 
 
 To PRIN'I', write, utter, publisli, lend, ") any letter or paper advertizing or re- 
 give away, circulate or distribute, j lating to counterfeit money. 
 
70 
 
 
 o 
 
 Si 
 
 Part XXXVIL— 3//sc/t/e/.— (Secs. 481 to 511). 
 
 Every ONE who ~J b}' an act which ht' knew would prolxihh/ C\h ihen^ed to 
 causes any Y cause it, beiiio; rccklei^s whether such event ] have caused 
 ^^■^"*' 3 happens or not, (it WILFULLY. 
 
 2. XothniiT is an otience | unless done ifithonf legal justincation or excuse, 
 under tins part, j and ivithout color of viiild. 
 
 3. Where the offence consists in an injury to anythincr in which the offender 
 has an interest, 
 
 the existence of f '.O''"'^'"^' ■'^lif^^l "ot prevent his act being an oftence, and, 
 such interest I ^-^ '"'^f'^'^. shall not prevent his act being an offence, if done 
 ' *- with intent to (Jefrdiul. 
 
 ^ Every one is guilty of the lxdictable offence of arson, 
 g to any building or structure, whether completed or not, 
 
 -^ or 
 
 
 f2 to any stack of vegetable produce or of mineral or vegetable fuel, or 
 
 X to any MINE, or any well of oil, or other combustible substance, or 
 
 I I >- to any sHll- or vessel, whether cuuqyleted or not, 
 
 p or 
 
 £ to any timber or | placed in any ship yard for building or repairing or 
 
 ^ n)aterials j fitting out any ship, 
 
 ^ or 
 
 > ^ to any of Her Majesty's stores or munitions of war. 
 
 Every one is guilty of an indictable offence, 
 
 on 
 
 § / d > S (^) to any crop, — standing or cut, — or any wood, forest, coppice 
 
 i:^ '- ^ or plantation, or anj^ heath, gorge, fm-ze or fern, or 
 
 2^'£ (b) to any tree, lumber, logs o"r floats, ] and thereby injures or 
 
 ^ ~ g boom, dam or slide, j destroys the sa^ie. 
 
 
 or 
 
 who. 
 
 g^ \ wilfully ATTEMPTS to I to anything mentioned in the last preceding section 
 5 , I set fire [ or in the above section on ar.son ; 
 
 'J2% j or 
 
 ^ "\ wilfully sets (*^ '^^^ pubstance so situated that he knows that anytliing 
 
 g ^ A pjp^j, ' ' j mentioned in the said sections is likely to catch fire 
 
 .^o ' (. therefrom ; 
 
 . I 
 
 a 
 
 
 who, hy recJdess nerfligence, or in viola -^ to any forest, Tso that the same 
 tion oi a provincial or raunicipal lav, , C tree, lumber, } is injured or 
 «ETS fuse ) etc., ( destroyed; 
 
 or 
 
 'who MAKES any u'W^fcTilto burn or des-1 t_ •, v 
 
 \ threat, j troy f^">^ buildmg, etc. ; 
 
77 
 
 or 
 
 ^ Twlm ^vilfully PLACES^ any ex- yrith int.nf to destroy ^^.^^^^j^^^^. ^^^. 
 
 ^^] or throws in o or .m.osive or damage th. si,ne,| ^^^^^. explosion 
 
 ^ ;; 1 near any Vjuildino- sijijs- '' — 
 
 ^ "^ [ or ship, -' TAXCE, J 
 
 or a n y niaeliiner}', 
 etc., 
 
 j takes place ; 
 
 or 
 
 -r. 
 
 o - 
 
 v. < 
 
 •> ^ > -- X 
 n^ ^ ~ ir 
 
 — 5 c-<^ - 
 
 
 — 0) 
 
 •= 5-S 
 
 '^. ^ s~ '(a) PLACES any oiiSTRUCTlox upon any railway, or removes 
 or injures any railway rail, etc., or 
 
 (b) SH()OT.-> or throws anything at an engine or other railway 
 veliicle, or 
 
 (c) interferes, without autliority, with the points, signals or 
 other appliances on any railway, or 
 
 (d) makes any false signal on or near any railway, or 
 
 (e) wilfully omits to do any act \,hich it is his duty to 
 
 > §^3 v(f) dots any other unlawful act ; 
 or 
 .,, f. fwho, bv any act or wilful omission, 
 
 ^'B> %. J OBSTRUCTS or interrupts, cr~) the construction, maintenance or free u.se 
 
 ■ay or anything connected 
 ruptfc 
 
 e ^ -'onsTRUCTS or interrupts, cr~^ the constructw; 
 ~ ^ I causes to be obstructed oi > of any railwi 
 *^ Ph t interrupted, ; therewith. 
 
 tc 
 
 Every one is guilty of a summary offence, 
 
 who, wilfully destroys or damages 
 
 anytiiing containing goods or li(]uors in a railway Civith intent to steal or 
 station, building or vehicle, or in any ware- •< unlawfully obtain or 
 house, ship or vessel, (. injure the contents ; 
 
 or 
 
 who unlawfully drinks, or wilfully SPILLS, or allows 
 
 to run to waste 
 
 I any such liquors. 
 
 .a 
 
 si 
 
 
 S-i V 
 
 rit is an indictable offence 
 
 To wilfully f anything forming part o^' or used in any electric telegra'ph, 
 injure I electric light or fire-alarm, 
 
 or 
 
 To wilfully") the sending of coinnmnications by any telegraph, telephone 
 <)]JsTRUCT ) or lire-alarm ; 
 
 And to wilfully attempt, by any | to do | .^ ^ summary offence. 
 \. overt act, ( so, J 
 
 Wrecking, Attempts to wreck, Wilfully hindering the saving of 
 
 wrecked vessels, 
 Wilful alterations or removals of marine signals, buoys or 
 
 other sea marks, used in navigation, 
 Wilful Injuries to rafts, and 
 Damages to Mines, with intent to obstruct the working 
 
 thereof, 
 
 are 
 
 .indictable 
 
 ofFences(') 
 
 (') See sees 493 to 498. 
 
78 
 ,_/ [Every one is guilty of the ixdictaule offexce of mischief 
 
 B 
 
 s I who, — 
 
 ^ WILFULLY DESTROYS r . /n 
 
 m\ .. ,.v„.np. ^any property O 
 
 or DAMAGES 
 
 or 
 
 WTLFULrY ATTEMPTS \ 
 
 who' or 
 
 UiAKESawri 
 
 ntten threat; 
 
 to KILL, inaiiii, wound, poison or injure any 
 
 CATTLE. 
 
 It is a SUMMARY OFFEXCE 
 
 To wilfully KILL, maim, f any DOG, bird, beast or other animal, not being 
 wound, poison or injure ( cattle, and being the subject of theft. 
 
 Av., „.^T Tx..r.i,TT.o ^ to P*^^^ hooks and other election docu-'i 
 
 \>ILHL INJURIES-) ^ , 
 
 ( ment«, 
 
 Injuries to any dwell- TrZ 0'»c, by thvA fvilfidh/ and to the 
 in<^ house or otlier- Moi'tgagor or [• prejudice of the ' 
 
 build inof 
 
 (, tenant thereof, 3 mortLjagee or owner, 
 
 •are indictable 
 offences, (^) 
 
 and 
 
 Wilful Injuries to land marks. 
 
 
 V, 
 
 'to JTNCES, etc., or 
 to any public iiARliOR rar, or 
 to any TREK, etc., wheresoever growing, — to the extent of 
 
 25c., — or 
 
 '-'<:to any ve<;i:table production growing in any garden, etc., 
 or 
 to any CULTIVATED ROOT or plant used for food or medicine, 
 or for distillini;: or dveini;' or inanufacturincr and scrowino' 
 in land not being a garden, etc.. 
 
 are summary 
 offences. (^) 
 
 And it is a SUMMARY offence 
 
 To commit any i not htreinbefore provided |' to or upon any real or per- 
 w i If ul injury, — (. for, — \ sonal property. 
 
 (') The piinisiiment varies in tleifree, — up to imjiris>nuieiit for life, — iiceoixling to tlie 
 nature of the oLject destroyed or tl.uia'^fed and the result of the destruction or damage. (!See 
 sec. 49!»). 
 
 (-) See sees. 50.3 to 506. 
 
 (') See sees. 507 to 510. 
 
79 
 
 Part 'KK'KVIII.— Cruelty to animals. - (Secs. 512 to 515). 
 
 EvEiiv ONE is guilty of a summary offence, 
 
 CO 
 
 '5 
 
 wlio, 
 
 (a) WAXTOXLY, cruollj' or unnecessarily f any c<iftl(\ poultry, dog, domestic 
 HEATS, bimls, illtreats, aliases, over- -j animal or l)inl, or any wild ani- 
 3, drives or torture •. (. mal or bird in captivity, 
 
 -§( or 
 
 S (b) while driving f is, — by ncf/ligcnre or") whereby any mischief, damage 
 _>5 a n y cattle or < iUusur/e in the driving > or injury is done by any such 
 'o other animal, (. thereof, — the means j cattle or other animal, 
 
 
 *^^ rth(,' FIGHTING j'of any hull, bear, badger, 
 
 (c) In any manner, evct lontges, aidsj _ ' cock or other kind of 
 
 or 
 
 or 
 BAITING 
 
 
 or assists at I j animal, of domestic or 
 
 I wild nature ; 
 
 who BUILDS, makes, maintains or keeps, [ ^ ] 
 
 ' 7 Ion premises belonging to 
 
 or 
 
 aintained or ~ ^ I 
 
 or occupied xjy lum. 
 
 allows to be built made m 
 kept 
 
 •2. All COCKS found in any snch cock-pit, or on pre-' j^^^jj be confiscated. 
 nuses wliere such cock-pit is ^ 
 
 
 Cattle conveyed by rail 
 o r wafer in Canada 
 mu>t not be ccntined in- 
 any car or vessel longer 
 than 2.S hours. 
 
 unless this is prevented 
 by storm, or unavoid- 
 able cause, orbvnecess- 
 
 without being unladen, 
 
 for rest water and 
 
 feeding.foraperiodof I , , ■ ,, 
 
 '^ ,■ 1 arv delay m tlie cross- 
 
 .') consecutive hours, ' - ^ 
 
 inor of trains. 
 
 2 These provisions do not applv when cattle are carried in any car or vessel 
 
 ^ j in which they have proper space and opportunity for rest and proper food 
 
 ,S ! and water. 
 
 a I 
 
 Every railway company or owner or' 
 master 
 transit 
 
 Q master of a vessel having cattle in 
 
 or 
 
 the OWNER or person having the custody 
 of such cattle. 
 
 who Iraoxvinghf 
 a n d wilfully 
 fails to com- 
 ply with the 
 provisions o f 
 this section. 
 
 is guilty o f a 
 summary of- 
 fence. 
 
 o t^ 
 
 
 any premises where he has reasonable") in respect whereof any company or 
 ground for supposing there may be Y person has failed to comply with 
 found any car, truck or vehicle 3 the above provisions, 
 
 or 
 
 on l)oard any (in respect whereof he has reasonable ground for supposing 
 vessel, (. any company or person has so failed ; 
 
 and 
 
 It is a summary C , 1 • • i. 1 a: 
 
 /M^r^T^x'^T. • to REFUSE admission to such omcer 
 
 OrrJliJSCt I 
 
80 
 
 Part XXXIX.— 0;rtf»ee.s connected with Trade and Breaches of Contract. — 
 
 (Secs. 510 to 52(>). 
 
 A f'oNSi'iKAi'V ill ps ;in. agreemt'iit, — l)et-rto do or procure to lie done any 
 
 n-cen two (ir more -j unldirful act in restni'mf of 
 ) persons, — (. irnde. 
 
 HESTU\[N r of - n-cen two (ir inon 
 TUADE 
 
 The imrposes C ") bv reason merely that 'v , ^, , .,, . ,, 
 
 or a traile -s „ _ r tnev are m restranit v . • ,. /, , 
 
 ^ NUT, — \ e/ I V mi; or the ahove. 
 
 uiiion \. ' J or trade, — 3 
 
 (for conspiracy in refusing to work> 
 with or for any employer or work- 
 man, or yunlcss sucli act is an 
 \ offence punishable by 
 for doing any act or C for the purposes, i statute. 
 causing any act to -. of a trade' 
 be done \_ combination, 
 
 Trade comiuxation " means 
 
 o 
 
 3 
 O 
 
 any combination L. 
 
 I tor ?v 
 between masters 
 
 or workmen, or 
 
 gu- 
 Id.f'nu/ or 
 alter Inrj 
 
 other persons 
 
 and 
 " Act " includes a default, breach, or omission. 
 
 fthe relations between any persons beint- 
 
 masters or workmen, or 
 the conduct of any master or workman in or 
 in respect of his business or employment 
 or contract of employment or service ; 
 
 ■+3 
 
 c 
 
 u 
 
 CO 
 
 o 
 
 13 V 
 
 cc sS 
 
 C '" 
 
 O -^ 
 
 Is ° 
 
 a 
 
 a 
 
 o 
 O 
 
 Every one, (including corporations), is guilty of an indictable offence, 
 
 (a) to LIMIT the facilities for transpoi'ting, pro- 
 ducing, manufacturing, storing or dealing in 
 any article or coinmoditv which may be the 
 subject ot trade or commerce, or 
 
 (b) to RESTRAIN or injure trade or commerce in 
 relation to any article or commodity, or 
 
 (c) to PREVENT, limit or lessen the manufacture 
 or production of any such article or commo- 
 dity or to ENHANCE the price thei'cof, or 
 
 (d) to PREVENT or lessen competition in the 
 production, manufacture, purchase, barter, 
 sale or supply of any such article or commo- 
 dity or in the price of insurance upon person 
 or property. 
 
 who conspires, com-^ 
 bines, agrees, or ar- 
 ranges with a n y 
 other person or 
 with any railway, 
 steamship, steam- 
 boat or transport- 
 
 \ ation company 
 
 >s 
 
 '•fy 
 
81 
 
 [Every one is guilty of an indictahle oitexce 
 
 O 
 
 ce 
 -♦a 
 
 o 
 O 
 
 o 
 
 CO 
 
 u 
 
 cS 
 
 t-l 
 
 02 
 
 fc4 
 
 AXY 
 
 CONTRACT 
 
 Inoxoimj or havin;,' reason to' 
 believe that the probable 
 consequences of his so doing, 
 either alone or in combina- 
 tion with others, will be 
 
 or 
 
 7] lany contract to supply ^ 
 ^ J any city or place with 
 p \ electric lif/hl: or power, 
 ^ , or ga«, or water, 
 
 or 
 
 any contract to carry 
 Her Majesty's mails 
 or to carry passengers 
 or freight, 
 
 knowing or having 
 reason to believe 
 that the probable 
 consequences of 
 his so doing, ei- 
 ther alone or in 
 combination with 
 others, will be 
 
 to endanger human life, or 
 to cause serious bodily inju- 
 ry, or to expose valuable 
 property to destruction or 
 serious injury, 
 
 to deprive the inhabitants 
 
 of that city or place, wholly 
 
 or to ajjreat extent of f//t'ir 
 
 supply of power, light, gas 
 
 or water, 
 
 or 
 
 to DELAY or prerent the 
 runninff of any locomotive 
 engine or tender, or freight 
 or passenger train, or car 
 on the raihvay. (') 
 
 2. Every MUNICIPAL CORPORATION or AUTHORITY or COMPANY is liable to a 
 penalty 
 
 for WILFULLY HREAKING (knou .ng or having' 
 any contract made by it reason to believe 
 to supply any city or that the probable 
 other place with electric consequences of 
 light, or power, or gas 
 tjr water, 
 
 its so doing will 
 
 be 
 
 to DEPRIVE the inhabitants of 
 that city or place, wholly or 
 to a great extent, of their 
 supply of electric light, 
 power, gas or water. 
 
 3. Every railway company is liable to a penalty 
 
 fur WILFULLY lUiEAKlNG/' /,/io;ri/ir/ or having' to delay or prevent the run- 
 any contract to carry | reason to believe ning of any locomotive en- 
 Her Majesty's mails,-" that the probable ; gine or tender, or freight or 
 or to carry passengers consecjuencesof its passenger train, or car on 
 or freight, [ so doing will be i the railway. 
 
 14. It is 
 
 material 
 
 , "I whether any offence defined above is committed from malice 
 ;^, |- conceived against the person, corporation, authority or com- 
 j pany with which the contract is made, or otherwise. 
 
 Every such municipal corporation, authority or company is summarily liable 
 to a penalty 
 
 for FAILING to post uv, in some conspicuous place in its'i printed copies of 
 electrical works or gas-works, or water-works or rail- ,• the foregoing 
 way stations j provisions ; 
 
 and so is 
 
 every person who unlawfully injures, defaces or\any such copy so posted 
 covers up j up. 
 
 I 
 
 {^) These offences are summary as well as indictable. 
 
82 
 
 EvEUY ONE is guilty of an ixdiciable offen'ce who, wrongfully, and without 
 lawful authority, 
 
 |(a) uses any violence to such other person or his wife or 
 children or injures his property, 
 
 l\ 
 
 or 
 
 (b) in'TIMIDATEs him or his wife or children by threats of 
 violence to him, her or any of them or of injuring his 
 property, 
 
 P- to AHSTAIN 
 
 a from doing 
 
 :5 anything 
 
 ^ . which he ,. . . , ,, , . , , ^ 
 
 T I s lias a law- 1^°^ persistently follows him about from place to place, 
 
 o )— ful right J p,_ 
 
 •^ ' o / or 
 
 a{ ^ to do, or\ 
 
 •'s ^1 o 'l'^^ ^^^ 'i^y (d) HIDES or deprives him of or hinders him in tlie use of 
 •J j o thing from His tools, clothes or other property, 
 
 which he 
 
 has a law- 
 
 or 
 
 •|/. 
 
 > 
 
 \> 
 
 or 
 
 ^ ,''^.' '(e) with one or more other persons, follows such person, 
 o a s am -j^ ^ disordedii manner, in or throujrh anv street or 
 road. 
 
 or 
 
 (f) besets or n-atches the house or other place where lie 
 resides or works or carries on business, or happens to be. 
 
 or 
 
 s 
 
 o 
 P 
 
 u 
 o 
 
 ?: 
 
 O 
 
 CI 
 
 o 
 
 eg 
 '72 
 
 I 
 
 who, — 
 
 in inirsuavce of 
 any unlawfid 
 cumhindtion 
 or conspirac}^ 
 
 to raise wages, or 
 
 respecting any trade, business or manufac- unlawfully 
 
 ture, or - ASSAULTS 
 
 respecting any person concerned or em- j any person, 
 
 ployed therein, — 
 
 or 
 
 pursuance of ^ „ ,, , . • , , 
 
 ^ , uses any threat \ with 
 
 anv such com- .■ • i j. • 
 
 , ." , . y or violence to > inj 
 
 bination or i, • - i? ^ 
 
 anv person, j business or manutacture ; 
 conspiracy, j j f -i ' 
 
 a view to hinder him fi*om work- 
 g or being employed at such trade, 
 
 (') This offence is suuimary as well as indictable. 
 
83 
 
 or 
 
 /who, 
 
 (a), (1)) BEATS 
 oi' uises any 
 violemce or 
 threat of vi- 
 olence to 
 
 3 
 
 as ; 
 
 with intent to deter or hinder him from 
 buyin<f, selling or otherwise disposing 
 of any wheat or other grain, flour, meal, 
 malt, potatoes or otiier produce or goods, 
 
 or 
 
 any person liaving the charge of any wheat 
 or other grain, etc., while on the \vay to or 
 from any city, market, town or other place, 
 
 in any market 
 or other pla- 
 ce, 
 
 \citli Intent to 
 stop the con- 
 veyance of 
 the same. 
 
 or 
 
 (c) by force or threats of violence, or by any form of intimidation, 
 
 my seaman, stevedore, .ship ear- [ from workinj; at or ex 
 penter, ship laborer or other per- 
 son employed to Vv'ork at or on 
 board any ship or vessel, or to do 
 any work connected with loading 
 or unloading thereof. 
 
 HINDEK.S or 
 prevents, or 
 
 (ttienij'tH t o 
 hindtn-orpre- 
 vent 
 
 ercising (iny lawful 
 trade, business, call- 
 ing or occupation in 
 or for which he is so 
 employed ; 
 
 or 
 
 BESETS or watches such ship, ves.sel or) .,,•,, , , . , 
 
 , ^ V with intent to so hmder or prevent, 
 
 employee, J ^ ' 
 
 or 
 
 ,,- 1 , • , . (with intent to hmder or prevent him 
 
 (d) beats or uses any violence to or ^ , . , ^ . . ,, 
 
 ^ ' , ii -i. v' ■ 1 irom working at or exercismir the 
 
 makes any threat ot violence- " i. c i ■ iP ■ 
 
 same, or on account or Ins having 
 
 done so 
 
 any 
 against any such person, 
 
 or 
 
 who, — 
 
 before or at the time of the' 
 
 public sale of any Indian by intimidation 
 lands or public lands of ■ or iUef/al com-- 
 Canada or of any pro- hhiation, 
 vince of Canada, — 
 
 HlXDER.s or prevents, or at- 
 tempts to hinder or prevent 
 any person from bidding 
 upon or purchasing any 
 lands so offered for sale. 
 
 Part XL. — Attempts. — Conspiracies. — Accessories. — (Secs. 527 to 532). 
 
 Every one is guilty of an indictable offence, 
 
 who, 
 
 in any case not herein ) conspires with any ] to commit any indictable 
 before provided for, | person or attempts J offence, 
 
 or 
 
 who, 
 
 in any case not expressly ") is ACCESSORY after the fact to any indictable 
 provided for, j offence. 
 
 (') These offences are summary as well as indicta'jle. 
 
84 
 
 SECOND DIVISION. CRIMINAL PROCEDURE. 
 
 TITLE VII. 
 
 Procedure. 
 Part XLI. — General Provisions.— (Secs. 533 to 537). 
 
 Every Superior Court of Criminal Jurisdiction may make rules 
 
 j'(a) its sittings ; 
 for regulating- (b) the pleading, practice and procedure ; 
 [(c) the duties of its officers, etc. 
 
 The CIVIL REMEDY for) is NOT suspended or/ by reason of such act or omission 
 an act or omission / affected \ amounting to a crime. 
 
 m, ■,- .■ ,. (between felony and) . 77-, 7 
 The distinction | .^.^.^meanor T ''^''^''^'■''^- 
 
 Every offence- 
 
 . , , , Us Ian INDICTABLE OFFENCE, 
 
 indictment J ^ ' 
 
 which may be prosecuted by)^.^ ^ 
 indictment 
 
 punishable on summary con 
 
 viction 
 
 is an offence. 
 
 Part XLII. — Jurisdiction. — (Secs. 538 to 541). 
 
 Every Superior Court of Criminal Jurisdiction, and) 
 
 every Judge thereof sitting as a Court to try criminal ! has power to try any 
 cases, and every Court of Oyer and Terminer and j indictable offence. 
 General Gaol Delivery J 
 
 Every Court of General or Quarter Sessions of the Peace," 
 when presided over by a Superior Court .Judge or a County 
 or District Court Judge, or, in the Cities of Montreal or 
 Quebec, by a Recorder or Judge of Sessions of the Peace, 
 and, in the Province of New Brunswick, every County 
 
 Court Judge 
 
 has power to try 
 all indictable 
 offences, e x- 
 cept those enu- 
 m e r a t e d in 
 section 540. 
 
 EC 
 
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 m 
 
 S 
 
 i-s 
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 1^ 
 
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 m 
 
 i~> 
 <x> 
 
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 Pi 
 
 'The Judge of the Sessions of the f for Quebec and for"' 
 
 Peace 
 
 and 
 
 \ L.^ ntreal 
 
 Every Recorder, Police Magistrate, Dis-^i p , > •" 1 
 
 fripi, Mncristrat.H nr Stinfindinrv Ma-v ..^. . 
 
 trict Magistrate or Stipendiary Ma 
 gistrate 
 
 and 
 
 J 
 
 division 
 
 Every Magistrate author-Ho perform acts usually re- 
 ized by the law of the V quired to be done by two or 
 province in which he actsj more justices of the peace,^ 
 
 may do alone 
 whatever is au- 
 thorized by this 
 Act to be done 
 by any ITVO or 
 more Justices 
 of the peace. 
 
85 
 
 Part ^Iilll.^-Procedttre in Particular Cases. — (Secs. 542 to 552). 
 
 A FORElGXfeR can- C for an offer oe committed within the'l < u i c t.u 
 
 , , . • J • • • T I- r ii T? ^• \ \A [except by leave ot the 
 
 not be tried in-1 .lurisdiction of the English Ad- ,^ fjnviTRvnp nirvrpAr 
 
 Canada 
 
 
 iiiralty, 
 
 J 
 
 Governor-General. 
 
 Xo one can be ( for unlawfully obtaining and comviunicating'' 
 prosecuted ( official information, 
 
 and 
 
 vAthout the con- 
 sent of the 
 Atto rney- 
 
 No one holding a judicial jean be prosecuted ioT judicial cor-\ General. 
 office 1 rtiption, j 
 
 If a person is chara'cd before f £ .1 
 
 f . r ii D -11. no lurther pro- 
 
 a Justice ot the Peace with j. K. ^^ 
 
 making or having itosses- 
 sinn of explosives, 
 
 ceedings shall- 
 be taken 
 
 loithoiit the con-^ , , 
 
 i. £ i. u except to se- 
 sent oi thel. ^,. 
 
 Attorney-Ge- 
 neral, 
 
 cure his safe 
 custody. 
 
 No one can be prosecuted 
 
 for sending or ) unseaworthy ships f ivithout the consent of the minister 
 for TAKING I to sea, j of marine and fisheries 
 
 No prosecution shall be commenced 
 
 for a criminal breach of trust by a trustee, nor I" •./ - .i j. e i.u 
 
 J, 1- J J 1 u ' \withoia the consent or the 
 
 tor concealing deeds and encumbrances, nor -; 
 
 for uttering defaced coin, [ 
 
 attorney general. 
 
 (MUST be tried ivithout inbhlicity and separately from other 
 accused persons, 
 ^^^^.. J „.. . _j 
 
 der sixteen 
 
 ^MUST be kept in custody separate from older prisoners. 
 
 ^ 03 
 
 treason, (Sec. 65\ (other than treason by killing Her Majesty or 
 attempting to injure her person), or 
 
 treasonable offences, (Sec. 09), or 
 ^ " I ANY offence relating to the fraudulent marking of merchandise. 
 " ■" I (Secs. 453 to 455). 
 
 S X I A FRAUD upon the GOVERNMENT, (Sec. 133) or 
 M I i A CORRUPT PRACTICE in MUNICIPAL AFFAIRS, (SeC. 136), Or 
 ^ UNLAWFULLY SOLEMNIZING MARRIAGE. (See. 279). 
 
 ^OPPOSING reading of Riot Act, (Sec. S3), or 
 REFUSING to deliver weapon to a justice, (Sec. 113), or 
 
 
 . O 
 < I 
 
 
 COMING ARMED or 
 LYING IN WAIT 
 
 inear a public meeting, (Secs 114, 115), or 
 
 SEDUCTION, (Secs. 181, 182, 183), or 
 
 Unlawfully defiling women, (Sec. 185), or 
 
 Parent or guardian procuring defilement of girl, (Sec. 186), or 
 
 Householders permitting defilement of girls on their premises. 
 
 (Sec. 187), 
 
86 
 
 O 
 
 35 -5 [UNLAWFUL DRILLING Of being Unlawfully drilled, (Sees. 87, M«), or 
 
 o 
 
 CM 
 
 O 
 
 O 
 
 / g 91 HAVING possession of arms for purposes dangerous to the public peace, 
 (Sec. 102), or 
 NEWSPAi'ER PROPRIETOR publishing advertisement of reward for stolen 
 property. (Sec, 157d). 
 
 ^ cc ■{ 
 O « 
 
 CO .5 
 
 ;=; CO 
 
 < 
 Eh 
 
 x'o j'CRUELTY to Animals, (Secs. 512, 513), or 
 
 ^ p I RAILWAY.S VIOLATING provisions relating to conveyance of cattle, (Sec. 
 
 o g j 514), or 
 
 REFUSING peace officer admission to car, etc. (Sec. 515). 
 
 * |c^ JLmiROPER use of OFFENSIVE WEAPONS. (Secs. 108 and 105 to 
 
 §^°l 111). 
 
 No person shall be prose- 
 cuted, under the provi- 
 sions of sec. 65 or sec. 69, 
 for any overt act of< 
 TREASON expressed or de 
 clared by open and ad 
 vised speaking. 
 
 'unless information ofi is given upon oath to a 
 such overt act and justice of the peace 
 of the words by \ within 6 days after 
 
 which it was ex 
 pressed or declared 
 
 the words 
 ken. 
 
 are spo- 
 
 and 
 
 a warrant for th"? ap-") 
 prehension of the of- > 
 { fender 3 
 
 is issued within TEN 
 DAYS after such in- 
 formation is given. 
 
 The offences for 
 which 
 
 an ARREST without warrant may be | are enumerated in 
 
 made 
 
 \ 
 
 sec. 552. 
 
 Part XLIV. — Oompelling Appearance of Accused before Justice. — 
 
 (Secs. 553 to 576). 
 
 in any water, tidal) 6fh</'een two or more magis- 
 or other, / terial jurisdictions, 
 
 or 
 
 ,, , 7 (of two or more magisterial iu- 
 - \on the boundary \ • i- 4.- 
 
 "^ [ risdictions, 
 
 or 
 
 §.( within one raagisterial) and completed within 
 g ( jurisdiction, J another, 
 
 may be considered 
 as committed in 
 any one of such 
 jurisdictions. 
 
 'on or with respect to a mail or a person con-" 
 veying mail matter, 
 
 or 
 
 on any person or in respect of any property in or 
 upon any vehicle employed in a journey or on 
 board any vessel employed on any navigable 
 river or canal or other inland navigation, 
 
 may be considered as 
 committed in any 
 magisterial jurisdic- 
 tion through which 
 
 ■ such vehicle or vessel 
 passed in the journey 
 or voyage during 
 which the offence 
 was committed ; 
 
87 
 
 
 
 c3 
 
 
 u 
 
 
 CI 
 
 u 
 
 Oi 
 
 "^ 1 
 
 tjD 
 
 X 
 
 eS 
 
 %4 
 
 :g 
 
 
 and 
 
 where the centre or other part of the road, or' 
 
 anj' navigable river, canal or other inland the offence may be con- 
 navioratioii along which the vehicle or ves- sidered as having been 
 sel passed on such journey or voyage, isj committed in any one 
 the boundary ot two or more nvagisterial 
 jurisdictions. 
 
 of such jurisdictions. 
 
 Oi 
 
 3 
 u 
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 o 
 <x> 
 
 V 
 
 eg 
 <u 
 
 < 
 
 be 
 .2 
 
 Si 
 
 A Justice may, 
 by warrant or 
 summons, com- 
 pel the atten- | 
 dance, before/ 
 him, of an ac- 
 cused for PRE- 
 
 LIMIXARY EN- 
 QUIRY, 
 
 /(a) If such per- 
 son is accused 
 ofhavingcom- 
 mitted, any- 
 where what- 
 ever, an indic- 
 table offence. 
 
 triable 
 
 in 
 
 the 
 
 )ro- 
 
 vmce 
 
 in 
 
 w h i c h ^ 
 
 such 
 
 jus- 
 
 tice 
 
 re- 
 
 SI ^s, 
 
 
 and if he is or is suspected 
 to be within the limits of 
 such justice's jurisdiction, 
 or resides or is suspected to 
 reside witkin such litnits. 
 
 (b) If such person, wherever he may) an indictable offence 
 be, is accused of having committed J within such limits ; 
 
 (c) If he is alleged to have,any-l property unlawfully obtain- 
 where, unlawfully received/ ed within siich limits ; 
 
 (d) If he has in his possession, ivithiniany stolen pro- 
 \ such limits, \ perty. 
 
 o 
 
 -.5 
 
 E 3 
 a> 3 
 
 may be held by 
 one justice or 
 more than one. 
 
 The PRELIMINARY ENQUIRY 
 
 ' Provided that if the accused is brought before any 
 justice charged with an offence committed out of such 
 justice's jurisdiction, such justice may, after hearing 
 both sides, order the accused, at any stage of the 
 proceedings, to be taken before some justice having 
 jurisdiction where the offence was committed. 
 
 In the district of Montreal, the clerk of the Peace or Deputy clerk 
 of the Peace has all the powers of a Justice of the peace under this 
 Part and under Part XLV. C) 
 
 u 
 o 
 
 o a 
 
 2 §* 
 u s 
 
 o o 
 
 o 
 
 Any one who, f 
 upon reasona- 
 ble grounds, be- 
 lieves a person- 
 has committed 
 an indictable 
 offence 
 
 may make or 
 LAY a written 
 
 COMPLAINT or 
 INFORMATION, 
 
 under oath. 
 
 before any magistrate or justice of the 
 peace having jurisdiction to issue a 
 v.'arrant or summons against such 
 accused person, in respect thereof. 
 
 rx • • 1 ■ i^ the lustice, if of opinion that f shall issue a 
 
 On receiving complaint f *' r. j • • j ^ 
 
 . p ° i.- r a case tor so doing is made -( summons or 
 
 or iniormation I , i l 
 
 ) out (_ warrant. 
 
 (^) This is provided by sec. 557a, added by 57-58 Vic, c. 40. 
 
88 
 
 0) 'TJ 
 
 o 
 
 o 
 
 V. 
 
 u 
 
 C cs 
 
 5e " 
 
 o 
 
 When an indictable offence is committed 
 on the HIGH SEAS or in any creek, 
 harbor or other place within the 
 EngHsh Admiralty jurisdiction, 
 
 and 
 
 Whenever any offence is committed on 
 land BEYOND THE SEAS, for which an 
 indictment may be preferred, or the 
 offender may be arrested in Canada, 
 
 any justice for any territorial 
 division in which any per- 
 son charged with or sus- 
 pected of having committed 
 any such offence is or is 
 suspected to be may issue 
 his warrant to appreliend 
 such person. 
 
 ^ fEvery one reason-\ 
 w I ohly Siispected of 
 PJ < being a deserter 
 M from Her Majesty's | 
 p \^ service j 
 
 1 , J fund, if it appear that he TS a de- 
 
 may be apprehend- I ^ he shall be imprisoned 
 
 ed and brought. ^^^^^ ^^^.^^^^ ^ ^^^ ^y^-^ ^^ 
 
 r^aval authorities or lawiuUy 
 proceeded against. 
 
 for examination 
 before a justice. 
 
 Every warrant"^ wherever found in the territorial division where issued, 
 may be exe- 1 
 cuted by ar- ^ 
 
 resting the ac- 1 on fresh pursuit, anywhere in an adjoining division, witJiin 
 cused J 7 miles of the border of the first mentioned division. 
 
 ^'A warrant may be executed 
 ^by any constable named therein 
 or 
 
 (whether or not the place 
 in which it is to be exe- 
 cuted is within the place 
 for which he is constable; 
 
 and 
 
 \ A warrant may be issued andl c,,..,. i. 4. j. u i-j 
 
 \ pxecuted f°° * SUNDAY or statutory holiday. 
 
 H 
 
 < 
 
 PS 
 Pi 
 
 a 
 
 o 
 
 a 
 
 /If the accused cannot be 
 found Avithin the juris- 
 diction of the justice 
 who issued the warrant- 
 but is or is suspected 
 to be in any other part 
 of Canada, 
 
 )lf the prosecutor or any 
 of the prosecution wit- 
 nesses are in the ter- 
 ritorial division where' 
 such endorsed warrant 
 was issued. 
 
 then, — upon 
 proof of the 
 hand writing of 
 
 any justice within whose jurisdic- 
 tion the accused is or is suspected 
 to be, shall make, on such war- 
 the justice who ^ rant, AN ENDOR.sement author- 
 isinof it to be executed within 
 his jurisdiction. 
 
 issued the war 
 rant, — 
 
 /the constable, etc., who has 
 apprehended the accused, 
 may, if so directed by 
 the justice endorsing the 
 warrant take him before 
 such j ustice, 
 
 who may thereupon 
 take the examina' '.on 
 of such prosecutor or 
 ^ witnesses, and pro- 
 ceed as if he himself 
 had issued the war- 
 rant. 
 
 person"! i 
 [•rested [_- 
 a|J 
 itj « 
 
 ar 
 
 upon 
 
 warrant 
 
 ^except in the case^be brought, as soon as practicable, before 
 provided for in I the justice who issued it or some 
 the next preced- j other justice for the same territorial 
 ing section, — j division. 
 
89 
 
 o 
 
 H 
 
 1-4 
 & 
 
 z 
 
 I— I 
 
 JM 
 
 W 
 
 c 
 
 o 
 O 
 
 /Every coroner, upon any^ •<. ,, ^ i. i u 
 
 .•'... . 1 * I p "^ it the person affected bv 
 I inquisition taken betore . ^ . . .; 
 
 liim whereby any person 
 
 is charged witli inan- 
 
 slauirhter or murder,, . . , ... 
 
 , ,j' I inaf^istrate or justice, 
 
 or 
 
 such verdict is not al- 
 ready charged with 
 such offence before a 
 
 by warrant, direct 
 such person to be 
 arrested and con- 
 veyed before a 
 magistrate or jus- 
 tice. 
 
 before 
 
 \sucli coroner may direct such person to enter into a | to appear betore a 
 recognizance, before him, J magistrate or justice. 
 
 In either case, the coroner shall transmit, to such) the depositions taken 
 magistrate or justice, J before him, 
 
 Upon any such person being brought 
 or appearing before any such ma- 
 \ gistrate or justice. 
 
 he shall proceed in all respects as 
 though such person had been 
 brought or had appeared upon a 
 warrant or summons. 
 
 G 
 OS 
 
 t 
 
 ^\ 
 u 
 
 'Any justice satis- 
 tied by sworn 
 info rmation 
 that there is 
 r e asonable 
 grounds for 
 believing that 
 there is in pay 
 building, re- 
 c ep t a cle orl 
 place 
 
 /(a) anything upon or in respect of\ 
 ' which any offence has been or is 
 suspected to have been committed, 
 
 or 
 
 (b) to believe will afford/ 
 evidence as to the com-/ 
 mission of any offence, 
 anything 
 which I 
 
 there is ^ (c) to believe is intended 
 
 \ 
 
 reason- 
 able 
 ground 
 
 to be used for the pur-| 
 pose of committing any 
 offence against the per- 
 son for which the of- 
 fender may be anested 
 without warrant. 
 
 may issue a w^arrant 
 to search such 
 building receptacle 
 or place for any 
 such thing and to 
 seize and carry it 
 before a Justice. 
 
 A Constable or 
 other peace 
 
 officer DEPUT- 
 ED by any pu- 
 b 1 i c depart- 
 ment 
 
 may stop, 
 
 detain 
 and arrest 
 
 any one reasonably suspected of having or con- 
 veying stolen or unlawfully obtained public 
 
 stores 
 
 or 
 
 any vessel, boat or vehicle on which there is 
 reason to suspect there are any stolen or un- 
 lawfully obtained public stores. 
 
 Upon asworn complaint that [ 
 any woman or girl men- ^ s 
 
 tioned in section 185 has I |h .jc 
 been inveigled orerticed' =* 
 to a house of ill-fame or 
 assignation, 
 
 c3 S 
 
 ro ENTER (i'orcibly if necessary), such 
 house, by day or night, and to search 
 for and bring such woman or girl 
 ai d those in whose possession she is 
 before a Justice of the Peace or a 
 Judge, 
 
90 
 
 a 
 
 m 
 
 a, .-. 
 
 S " 
 
 h2 o 
 
 •S o 
 
 i- 
 o ^ 
 
 ^ 3 
 
 .S w 
 
 O) 
 
 02 
 
 Written author- 
 ity may be is- 
 suetl to the 
 chief consta- 
 ble, d e pu ty-. 
 chief consta- 
 ble, or other 
 officer of any 
 city, town or 
 place, 
 
 'to enter (forcibly if necessary), any house, room or place 
 as to which such chief constable, etc., reports in 
 writing that there are good grounds for believing 
 tliat it is kept or used as a common GAMING or BETTING 
 HOUSE, or for a lottery, or for selling lottery tickets, 
 
 and 
 
 to arrest all persons found therein, 
 
 and 
 
 to seize all instruments of gaming or betting, and all 
 money, and all lottery devices and lottery tickets. 
 
 " Chief 
 Constable " 
 
 'includes the chief of police, city marshal, or other head of 
 the police force of any city, towm, incorporated village, 
 or other municipality, district or place, and, in the Pro- 
 vince of Quebec, the high constable of the district 
 
 and 
 
 means any constable of a municipality, district or place 
 (^ which has no chief constable or deputy-chief constable, 
 
 a: 
 
 S 
 
 63 
 U 
 
 > 
 
 u ■ 
 o 
 
 u 
 
 'Upon information made' 
 before <"heni, that any 
 vagrant is or is reason- 
 ably .suspected to be har- 
 bored or concealed in ^ 
 any disorderly koune, 
 bawdy-house, house of 
 ill -fame tavern or board- 
 ing-house, 
 
 an}' stipendiary or police 
 magistrate, mayor o r 
 warden, or any two 
 justices of the peace 
 may, by warrant, au- 
 thorise any constable 
 or other person, 
 
 [to enter such house 
 or tavern 
 
 and 
 
 TO APPREHEND and 
 
 bring before them 
 every person found 
 therein so suspected 
 as aforesaid. 
 
 Part XLV. — Procedure on Appearance of Accused — (Secs. 577 to 607). 
 
 la 
 '5 
 
 c 
 
 /■When any person whether voluntarily, or upon sum-' 
 accused of an in- moyis, or after being a pprpJiended 
 dictable offence is- with or without warrant, or \vltile , 
 before a justi- in custody for the same or any charged agaitist 
 ce, — I other offence, — J him. 
 
 the justice shall 
 proceed to enquire 
 into the matter 
 
 No IRREGULARITY \^in the substance or form of the sum- 
 or DEFECT j mons or warrant, 
 
 and 
 
 .2 \ 
 
 
 BETWEEN the charge contained in the sum- 
 mons or warrant and the charge con- 
 t; ined in the information, 
 
 -5 \No VARIANCE-' 
 
 s 
 
 or 
 
 BETWELN either and 
 
 the evidence adduced for the prosecution at 
 the enquiry. 
 
 .shall affect the 
 validity of any 
 proceeding at or 
 subsequent to 
 the enquiry. 
 
 yn •, , , rthat the accused has been deceived or 
 
 ,, . pp. ■< misled bv such variance in any sum- 
 
 the justice 
 
 . ....... by 
 
 (. mons or warrant, 
 
 he may ad- 
 journ the 
 hearing. 
 
91 
 
 01 o5 
 
 25 ^ 
 
 The A'lTENDAN'CE of witnesses with- 1 is PRO- Jby summons, or, in certain 
 in the province j curkd ( cases, by warrant. 
 
 A.ny person residing in Canada out of the proA may re summoned by 
 vince, nud not bein^ within the province, and | subpoena issued by a 
 reasonably believed to be likely to give material j judge of a Superior 
 evidence for the prosecution or for the accused,] Court or County Court. 
 
 o 
 
 s i 
 
 o a 
 .^ o 
 "E « 
 
 a. 
 
 S 
 
 Whenever a person ap- 
 periring upon a sum- 
 mons or sulipoena, or 
 by virtue of a warrant, 
 oi- being present and 
 being verbally requir- 
 ed by the justice to 
 give evidence 
 
 refuses to be sworn, or, 
 
 having been sworn, 
 
 refuses to testify, or 
 
 refuses or neglects to 
 produce any document-^ ~ g 
 which he is requested to 
 produce, or 
 
 refuses to sign his depo- 
 sitions, 
 
 he may, by the 
 justice, be COM- 
 MITTED to gaol 
 until he con- 
 s e n t s to do 
 what is requir- 
 ed of him. 
 
 O 
 
 & 
 i-s 
 
 fa 
 O 
 
 X 
 
 o 
 
 OS 
 
 < 
 o 
 
 Ed 
 
 O 
 03 
 
 ,(a) PERMIT or REFUSE the prosecutor his") to address him in sup- 
 f counsel or attorney j port of the charge ; 
 
 (b) RECEIV'E further evidence for) after bearing any evidence for 
 
 the prosecution, 
 
 the accused ; 
 
 provided no remand 
 be for more than 
 S clear days ; 
 
 2/ 
 
 A justice (c) adjourn the hearing, from time to time," 
 
 HOLDING 1 and change the place of hearing, and may 
 
 a preli- ' REMAND the accused ; 
 
 mixary , 
 
 ENQUIRY K^) t)RDER that no one, except the prosecutor "j if it appears to him 
 
 may I '^"*^^ accused and their counsel and solicitor, j that the ends of 
 shall be in the room or building in which the > justice will be 
 enquiry is held, (which shall not be an I answered by so 
 Ojfjcn court), j doing ; 
 
 |(e) REGULATE the course of the enquiry as may appear to him 
 desirable and not inconsistent with the provisions of this Act. 
 
 On REMANDING 
 accused, 
 
 the 
 
 [ the justice may discharge him on his giv 
 
 ing bail. 
 
 s 
 
 u 
 <u 
 
 o 
 
 a. 
 
 c2 
 
 u 
 
 c 
 
 > 
 
 /At the PRELIMINARY ENQUIRY, the justice shall take the evidence of the pro- 
 secution witnesses. 
 
 2. Such evidence shall be given upon oath, | who, or his lawyer shall be 
 in presence of the accused, ( entitled to cross examine. 
 
 3. The EVIDENCE shall be taken down inl . 
 
 WRITING, 
 
 -in the form of a deposition. 
 
 4. Such deposition shall, before the accused\the accused, the witness and 
 is called on for his defence, be read I the justice being all present 
 over to and signed by the witness and j together at such reading and 
 the justice, J signing. 
 
 5. The justice's ) is made so as to shew that it is meant to authenticate such 
 \ signature j deposition. 
 
92 
 
 '6. The depositions must be) ■ .,, , -j c i 
 
 ^ , ., . ^ > legibly, ami on one side or paper only. 
 
 u 
 
 r 
 
 o 
 
 PI 
 
 CH 
 
 ^ 
 
 
 
 o 
 
 -4— • 
 
 O 
 
 •-• 
 
 c 
 
 S ■ 
 
 0) 
 
 u 
 
 
 'X. 
 
 
 
 
 
 > 
 
 Sm 
 
 H 
 
 :i^ 
 
 Provided that the 
 evidence may be 
 taken l)y a swoiiN 
 
 STEXOCiUAl'HEU, 
 
 and, then, it need not |''but the transcript shall be 
 be read over to or I signed by the justice, and 
 signed by the wit- 1 be VEUIFIED by an affidavit 
 
 ness, 
 
 V 
 
 of the stenographer. 
 
 0) 
 
 S 
 u 
 u 
 
 < 
 
 After the examination 
 of the prosecution 
 witnesses, and after ; 
 the depositions have 
 been siuned as afore- 
 said, ; 
 
 the Justice, — 
 unless he dis- 
 ckavfies the ac- 
 cused, — 
 
 'shall ask him whether he wishes 
 
 the depositions to be read 
 
 I again, and, unless the accused 
 
 j dispenses therewitli, shall read 
 
 cause them to be read 
 
 I 
 
 or 
 
 again. 
 
 -<^ 
 
 C 
 S 
 
 > 
 
 'Xt 
 
 "A 
 
 O 
 
 O 
 
 iWhen the depositions have been again read, or their reading dispensed with, 
 the accused shall be addressed by the justice as folio "s : 
 
 " Having heard the evidence, do you wish to say anything in ansimr to the 
 charge? You are vat bound to say anything, but whatever yoxh do say 
 will be taken doivn in ivriting and may be given in evidence against you 
 at your trial. You must clearly understand that you have nothing to 
 hope from any promise of favour and nothing to fear from any threat 
 which may have been held out to you to induce you to make any admis- 
 sion or confession of guilt, but ivhatever you now say may be given in 
 evidence against you upon your trial notivithstanding such promise or 
 threat." 
 
 2. Whatever the accused then answers") and signed by the justice and kept 
 is taken down in writing, j with the depositions. 
 
 § . j Nothing shall prevent "^ any admission or confe-SSION or other statement 
 
 ^ o -^ any prosecutor from ,> made, at any time, by the accused, which by law 
 
 " I giving in evidence ) would be admissible as evidence against him. 
 
 /After completion of the above ") the accused shall be asked if he wishes to 
 I proceedings, j call any witnesses. 
 
 2. Every witkess whom the accused") and his deposition shall be taken in 
 calls and who testifies to any fact >■ the same manner as the depositions 
 relevant to the case, shall be heard, ) of the prosecution witnesses. 
 
 ''When all the wit-^ ,, [if, upon all the evidence, he is^. 
 
 -a « 
 ^ o 
 
 53 
 V 
 
 to 
 
 o 
 u 
 
 n esses on both- 
 j sides have been 
 !^ heard. 
 
 - JU.STICE ■{ 
 1 SHALL, 
 
 i of opinion that no sufficient ! discharge 
 
 ' I case is made out to put the j him. 
 
 V 
 
 accused on trial, 
 
 'The prosecutor, however, may require fwho, i n that .''if the prosecutor 
 
 the Justice to bind him over, and 
 the Justice shall, thereupon, bindJ 
 hiiii over to prosecute an indict- 
 ment against the accused, i^ 
 
 and 
 
 case, may, by 
 the C jurt, 
 be awarded 
 costs, \ 
 
 fails to prefer and 
 prosecute an in- 
 dictment, or is un- 
 successful, 
 
 the Court before which the ( may order that the prosecutor be not per- 
 indictment is to be tried or-| mitted to prefer any such indictment un- 
 a judge thereof, ( til he has given security for cosfs. 
 
93 
 
 Committal C If the Justice thinks the evidence r 
 
 for < sufficient to put the accused on -J he shall commit 
 Trial. ( trial, (. 
 
 Imu FOR TRIAL 
 
 Cl-I 
 
 O 
 ■S ^■ 
 
 S'/i 
 
 -*^ c 
 
 'eg 
 
 o 
 
 'Upon a sworn information that^ he may be arrested, and.^l unless, in the 
 a person bound over to give | when arrested, impri- 1 
 
 meantime, h e 
 I produces suffi- 
 j cient sureties. 
 
 A witness, who refuses to be bound ) may be imprisoned until after the 
 I over, j trial. 
 
 evidence is about to abscond 
 or has absconded, 
 
 .soned until he is to i 
 give evidence, 
 
 o 
 
 c ="' 
 
 •S c 
 
 't. o 
 
 £ = 
 
 m « 
 
 Sh 
 
 As soon after the committal as may be, 
 
 the IXFORMATION, (if any), 
 
 the DEPOSITIONS, and exhibits, j 
 
 the accused's STATEMENT, j 
 
 all RECOGNIZANCES, and "j 
 
 anv DEPOSITIONS taken hefore a Coroner and sent j 
 to the Justice 1^ 
 
 rshall be transmiti'ED 
 I to the clerk o r 
 ! other proper otHcer 
 j cf the Court by 
 I which the accused 
 is to be tried. 
 
 
 A person charged with an indictable offence punishable^ may be admitted to 
 by imprisonment for more than five years, — (^otliery l>ail by the justice, 
 than treason or an of en ce ■punishable with death t»r j jointly with tfome 
 any offence under Part IV of this Act, — j o^At/- justice, 
 
 and 
 
 if the offence is one punishable by imprison- f anj' one justice may admit 
 
 ment for less than five years, 
 
 the accused to bail. 
 
 a 
 
 H 
 
 Where the accused has been finally Tany judge of a Superior or County 
 
 
 committed in the case of any offence, | 
 other thon treason or an offencei 
 'punishable ivith dadli or any offen- j 
 ce Under Part 1 V of th is Act, — '\^ 
 
 Court of the district or county 
 may order the accused to be ad- 
 mitted to bail on producing suffi- 
 cient sureties before two justices. 
 
 CO c 
 
 O 
 
 -4.3 
 
 No person accused '' 
 of treason or an 
 offence punish- 
 able with death' 
 or an offence un- 
 der Part IV of 
 this Act, \^ 
 
 — -"^ ~ 
 
 4) 
 
 X. 
 
 except by order of a Superior Court of Crim- 
 inal Jurisdiction for the province in which 
 the accused stands committed or of one of 
 the Judges thereof, or in the province 
 of Quebec, by order of a Judge of the 
 Court of Queen's Bench or Superior Court. 
 
 -^ * o c 
 
 S b s 
 
 -*i ^ .J2 
 
 O Q OJ 
 
 O I § o 
 
 fupon application of the fMAY issue his warrant to 
 
 When an accused | sureties and u p o n j arrest the accused, and 
 
 has been bailed,^' sworn information-! MAY commit him to gaol 
 
 a i a justice, — that the accused is 
 
 (^ about to abscond. — 
 
 until his trial, or until he 
 produces new sureties. 
 
94 
 
 Part XL VI —Indictments.— (^Secs. 608 to 634). 
 
 /Every count of an indictmext 
 
 C 
 
 5 
 O 
 
 AM 
 
 c 
 
 "c 
 
 s 
 o 
 
 O 
 
 c 
 C 
 
 SHALL contain, and be sufficient") a statement that the accused has com- 
 if it contains, 171 substance, j mitted some indictable ofience. 
 
 May be made in popular laxouage, without technical averments 
 or allegations of matter not essential to be proved. 
 
 n H ^ I May i?e in the words of the exactmext describincj tlu" offence or de- 
 [ daring the matter charged to be an indictable otl'ence. 
 
 
 Every count") so much detail of 
 
 \ shall cox- V the circumstances of- 
 
 taix ) the alleged offence 
 
 Cas is sufficiext to give the accused 
 reasonable information as to the act 
 or omission to be proved against 
 him, 
 
 Provided that the absence or insufficiency of such detail shall not vitiate 
 the count. 
 
 count may refer to any section or'\ and, in estimating the sufficiency o 
 subsection of any statute creating [ such count, the Court shall hav( 
 
 any 
 the offence charged therein, 
 
 J 
 
 f 
 
 have 
 
 rei;ard to such reference. 
 
 Every count shall, inl , , , • j . .• 
 
 •^ 1 apply only to a smqle transacttcn. 
 
 general, j rr- j j j 
 
 a> 
 
 }^ 
 
 > 
 
 -4.3 
 
 eg 
 
 a 
 
 A count shall 
 not be deemed 
 objectionable, 
 
 because it charges, in 
 the alterxative, se- !, 
 veral different mat- j 
 ters, acts or omissions. 
 
 \ which are stated in the alternative 
 in the enactment describin(if the 
 indictable offence or declaring the 
 matters, acts or omissions charged 
 to be an indictable offence, 
 
 or 
 on the srround that it is double or multifarious. 
 
 > 
 
 \ Provided that the accused') to amend or di- Ton the ground that it is so 
 
 may, at any stage of the ' vide any such X framed as to embarrass 
 
 trial, apply J count, (. him in his defence ; 
 
 and, 
 
 lif satisfied that the end.s of jus-)^the Court may order a count to ha amended 
 \ tice require it, J or divided into two or more counts. 
 
 m 
 
 T: 
 
 o 
 
 mo 
 o 
 
 No count shall be 
 deemed object- 
 ionable or ix- 
 
 SUFFICIEXT o n 
 any of the fol- 
 lowing grounds : 
 
 '(a) that it does not contain the name of the person in- 
 jured or intended cr attempted to be injured, or 
 
 (b) that it does not state who is THE own j:r of any pro- 
 perty therein mentioned, or 
 
 (c) that it charges an intent to defraud without naming 
 or describing the PERSON whom it was intended to 
 defraud, or 
 
 (d) that it does not set out any DOCUMENT which may 
 be the suVject of the charge, or 
 
96 
 
 u 
 
 n 
 •< 
 
 O 
 
 o 
 
 'A 
 
 a 
 
 o 
 a 
 o 
 
 No COUNT shall be 
 deemed oiuect- 
 
 lOXABLE or IN 
 SUFFICIENT on 
 
 any of the fol- 
 lowing iii'ounds ; 
 
 < 
 
 CO 
 
 a 
 o 
 
 > 
 
 o 
 
 a. 
 
 o 
 
 &. 
 
 ■j: 
 
 u 
 O 
 
 
 '(e) that it does not set out the words used, where 
 words used are the subject of the charge, or 
 
 (f) that it does not specify the means by which the 
 offence was committed, or 
 
 (g) that it does not iiame or describe with ])recision 
 any I'EUsox, place or thing, or 
 
 (h) in cases where the consent of any j that it does not 
 person, otlicial, or authority is re- j state that such 
 quiitd before a prosecution can be i consent has 
 instituted, J been obf (lined, 
 
 Provided that, if satis- ~) the Court may order that a particular, further des- 
 fied that it is neces- ^ cribing such document, icords, meimf*, pers<m, 
 sary for a fair trial, — ) p^ace or thing be furnished by the prosecutor. 
 
 'as to stating overt ) in an indictment for treason or for any treason-' '= 
 acts j able offence, 
 
 and 
 
 as to setting out 
 
 in an 
 ment 
 
 tl £ I of u LIBEL, (blasphemous, obscene or defania- 
 - l^ = -! tory), or of any OBSCENE MATTER charged a' 
 
 indict- >-c - , 
 
 sold or exhibited, 
 
 and 
 
 as to the sufficiency 
 of counts 
 
 
 
 D 
 O 
 
 When a particular 
 
 y 
 
 
 is delivered. 
 
 for PERJURV, or i'alse pretences, or fi{aud, or 
 
 CONSPIRACY, 
 
 ^a, copy is given to the accused or| and it is entered in 
 his solicitor, J the record, 
 
 and 
 
 02 ^ 
 
 £ 
 
 a 
 
 ht 
 O 
 
 s 
 5E 
 
 D 
 
 the trial proceeds as if the indictment were amended 
 '(^ in conformity with such particulars. 
 
 In an indictment for the offence^ ., • . j. n i.i, j. ^.i 
 
 of PRETENDING to SEND MONEY, ['^ '" "^'i "^ce.sary to allege that the act 
 
 , 1 . t was done with intent to detraud. 
 
 etc., by post, J 
 
 ,(a) If it be necessary to name the^ i -j. • n i xi . 
 JOINT OWNERS of any real or per- ^f^^ '^ '^ alleged that 
 I i u i.u i.u u the property belongrs 
 
 sonal property, whether they be , ' ^, •'. f' 
 
 . '■ -^ ■ ,'. , "^ - to one who is named 
 
 partners,ioint tenants, pai'ceners, i i . v , i 
 
 i . ■■ • • X i. 1 I and another, or others, 
 
 tenants m common, loint stock i,, , ' 
 
 , , •* I as the case may be ; 
 
 companies, or trustees, ; " ' 
 
 (b) If it is necessary for any purpose to ) and one only is 
 mention such persons, ) named ; 
 
 An INDICTMENT y(*^) ^^ ^^^ property in a turnpike^ without specifying the 
 is deemed SUF-n ROAD is laid in the trustees or \- names of such trus- 
 ficient 
 
 commissioners thereof, 
 
 tees or commissioners 
 
 (d) If the offence is committed] a^.. the property is alleged 
 in respect of property occu- 1 to belong to such officer 
 pied ormanaged by any PUBLIC I or commissioner without 
 officer or commissoner, giving his name ; 
 
 (e) If, for an of- 
 ■ fence under- 
 \ section 334, 
 
 the oyster bed, laying or fishery is des- 
 cribed by name or otherwise, without 
 stating it to be in any particular county 
 or place. 
 
96 
 
 o 
 >i ?! 
 
 we- 
 
 o 
 
 All property, real or perso 
 nai, leoraliy managed, con 
 trolled or in custody of any 
 
 BODY CORPORATE 
 
 is, — for the purpose of any" 
 indictment for any of- 
 fence committed in res- 
 pect thereof, — 
 
 deemed to be the 
 property of such 
 body corporate. 
 
 CO 
 
 C 
 C 
 
 > 
 
 c 
 
 o 
 
 CO 
 
 O 
 
 -2 r 
 
 c 
 
 o 
 
 CO 
 
 5i 
 
 for STEALING ores or minerals 
 
 or 
 
 :s for any otience in respect of postal' cards, postage stamps or 
 otlter stamps or of mailable matter, 
 
 or 
 
 for any theft by any public employee, 
 and 
 
 as to LAYIN 
 
 ) the OWNERSHIP of the property in respect of 
 
 rhich the offence is committed. 
 
 see sections 
 621, 622, 
 623 and 
 624. 
 
 An indictment for") may be preferred in the same') and the property may be 
 theft bj^ a TE- r form as if the offender was y laid in the owner or 
 NANT or lodger) not a ten ml or lodger, 3 person letting to hire. 
 
 /Any number of counts may") Provided that, to a count charging murder, 
 be joined in the same in- >• no count chargrincr any offence other than 
 dictment, 
 
 \ 
 
 murder shall be joined. 
 
 2. Where there are more counts than^ each count may be treated as a se- 
 one in an indictment, J parate indictment. 
 
 J3. The Court roay'^tliat the accr.sed shall be tried upon any one or more of 
 direct J such counts separately. 
 
 /The counts not) shall be proceeded upon as if they had been found in a sepa- 
 
 then tried 
 
 J rate indictment. 
 
 Provided that 
 unless there be' 
 special reasons. 
 
 no order shall be made preventing the trial at the same 
 time of any number of distinct charges of theft, not 
 exceeding fJtree, alleged to have been committed witliin 
 six months from the first to the last of such offences, 
 whether against the same person or not. 
 
 > • 
 
 c 
 
 2: « 
 
 a Q 
 
 'Every one charged wntli being an ACCES-]may be indicted, whether the 
 
 principal offender has or has 
 not been indicted or con- 
 victed, or 
 is or is not amenable to justice 
 
 sory after the fact to any offence 
 or 
 with receiving stolen property 
 
 o 
 
 CO 
 03 
 
 <v 
 
 ci 
 
 and 
 
 such acces • 
 sory may 
 be indicted 
 
 either as for a substantive offence, 
 
 or 
 j )intly with the principal or other offender. 
 
97 
 
 54-1 G a: 
 
 ^ ^ -^ 
 
 2 «-^ 
 
 r* -^ --^ 
 
 '2. When any property has been stolen. 
 
 t, ci o 
 
 CO i £3 
 
 any nnmber of re- 
 ceivers, at different 
 times, of such pro- 
 perty, or of any part 
 or parts thereof, 
 
 may be charged with 
 substantive offences in 
 the same indictment, 
 
 and 
 
 may be tried together, 
 
 whether the person by 
 whom the property was 
 obtained is or is not in- 
 dicted with them, or is 
 or is iiOt in custody or 
 amenable to justice. 
 
 c 
 
 i 
 
 u 
 
 •FN 
 
 /Every objection to any indictment, for any defect nj^parent on its face, 
 
 shall be taken by demurrer") before the de- f and not afterwards, except 
 or MOTION to quash the in- [■ fendant has < by leave of the Court or 
 dictment, J pleaded, (. Judge, 
 
 and 
 
 cs v^the Court may, if it is thought neces-") and tliereupon the trial shall pro- 
 sary, cause the indictment to be forth- [■ ceed as if no such defect had 
 
 o 
 
 «5 
 
 / with amended, 
 and 
 
 ) appeared 
 
 no motion in arrest of ■) for any defect in the indictment wliich might 
 iudo;ment shall be [ have been taken advantage of by demurrer or 
 
 illowed 
 
 3 have been amended. 
 
 r ^ 5 T and uive an accused further time to plead or demur or 
 
 .= 3 S- may adjourn- , '^ c u- i c i.\ • 
 
 c^ ^ -:; f 1 '''-* l>i'epare tor nis defence, or otherwise. 
 
 CO 
 
 
 The followino; 
 are the only 
 SPECIAL pleas 
 that may be 
 pleaded, viz : 
 
 "l AUTRE FOIS ACQUIT, 
 AUTRE FOIS CONVICT, 
 PARDON, 
 
 and, — 
 in cases of defamatory libel, — justification. 
 
 All other grounds of 
 defence 
 
 1 ™*lfed^on^" { "^^'^^ *^'^ P^®^ °^ ^^''^ guilty. 
 
 u 
 
 p 
 
 -a 
 c 
 
 "5 
 
 03 
 
 O 
 S-i 
 
 /When an indictment charges'! but adds a statement 
 substantially the same offence 
 as that charged in the indict- 
 ment on which the accused 
 was given in charge on a for- 
 mer trial, 
 
 of intention or cir- 
 cumstances of aggra- 
 vation tending, if pro- 
 ved, to increase the 
 punishment, 
 
 the previous ac- 
 quittal or con- 
 viction shall be 
 a bar to such 
 subsequent in- 
 dictment. 
 
 A PREVIOUS CONVICTION^ 11111.x c i.u 
 
 \ ^i, . ., , , . l shall be a bar to a second indictment for the 
 
 I Ai 1 t. r 7 '^" C pame homicide charged as manslaughter : 
 
 dictment for murder ) ° 
 
 and 
 
 previous conviction or AC- 1 shall be a bar to a second indictment 
 QUITTAL on an indictment for r for the same homicide cliarged as 
 manslaughter ) murder. 
 
 a 
 
98 
 
 o 
 
 ■■c 
 
 'Every one accused of publishini;' a defamatory libel, 
 
 ^ rthat tliedefama-| [that it was for the public benefit that the 
 
 ^ < J tory matte r pu- 1 , [ matters charged should be published in the 
 p. Il I blished by him | 1 manner and at the time when tliev wex'e 
 
 "ill *' 
 
 ~ '^ was true, j | publisli.-d. 
 
 Fverv snob nle-i I *''"^ particular fact or facts by reason of whicli it was for 
 ,„,:„j. „„i. e i.'x the public irood that such matters should be so pub- 
 
 must set forth 
 
 -5 I 
 
 [ lished 
 
 rjn 
 
 The trutli of the 
 matters char<>\'il 
 in an alleged libel- 
 shall not be en- 
 (juired into 
 
 - 'i < 
 
 unless the accused is tried on an indictment 
 or information for publishing the libel 
 KNOWING it to be false, and, then, evidence 
 of the truth ma}' be given so (in io vcf/o.tive 
 the allegation that the accused knew the 
 libel to l)e false. 
 
 II 
 
 5 
 
 ■A 
 be 
 
 II 
 
 In addition to justification, 
 
 the accused may plead NOT") , (such pleas shall jbe enquired of to- 
 OfiLTY, " j '^"^' \ gether. 
 
 Part yHiYll,— Corporations. — (Secs. G35 to 639). 
 
 Every Corporation against which a bill of | shall appear by attorney, and 
 indictment is found, J plead or demur thereto. 
 
 When an indictinent is found against a Corporation, 
 
 a notice stating the nature and purport of such in- 
 dictment and that unless the Corjioration appears 
 and ]>leails thereto, within two days, a plea of not 
 guilty will be entered and the trial proceedeil with 
 as if the Corporation had appeared and pleaded 
 thereto. 
 
 there may ))e served 
 on the mayor or 
 chief clerk of such 
 Corpoi'ation or its 
 clerk or secretary. 
 
 If .such Corporation does the presiding judge, [which shall liave the same 
 not appear and plead or on proof of service of effect as if the Corpor- 
 dennir within the time • the notice may order ation had appeared by 
 
 \ specified in such no 
 "^ tice, 
 
 the entry of a plea 
 of " not guilty. 
 
 attorney and pleaded 
 such plea. 
 
 [Whether it appears and pleads, oral the trial may proceed in the defendant's 
 -[ plea of " not guilt}'," is entered ,- absence, as if ^he Corporation had ip- 
 
 r- \ by the Court, 
 
 J peared and defended. 
 
 Part 'KL'Vlll.— Preferring Indictment— (Bkcs. 640 to 648). 
 
 H 
 
 X. 
 
 Every Court of Criminal Jurisdiction 
 is, — subject to the provisions of 
 Part XLli, — competent to try all 
 offences wheresoever committed, 
 
 ' if the accused is found or apprehend- 
 ed or is in custody within its juris- 
 diction or has been conmiitted for 
 trial to or ordered to be tried before 
 such court. 
 
 But no Court in one pro-'j EXCEPT that every proprietor, publisher, editor or 
 vince shall try any other person, charged with publishing, in a news- 
 offence committed en- - paper, a defamatory libel, shall be tried and pun- 
 ished in the province where he resides or in which 
 the newspaper is printed. 
 
 tirely in another pro- 
 vince. 
 
99 
 
 jAny one bound over to prosecute any person, 
 
 I 
 
 I 
 
 MAY PREFER 
 indictment 
 
 an/ 
 
 
 ■41 
 11 
 
 ON WHICH the Hccnsed has been committed 
 , ^ , , _ , for TRIAL, or 
 [for the ciui.rge^^^ respect of which the prosecutor is 
 
 BOUND OVER, 
 
 or 
 
 i /or a?? //I FOUNDED upon the far*t.s or evidence disclosed in 
 eharffe j tlie depositions taken before the Magistrate. 
 
 Before he is orivenUhe accused may move to QUASHland such count, if not 
 •o-etothe^ anv count not FOUNDED on such ,- so founded, sliall be 
 
 in charj 
 
 J 
 
 facts or evidence, 
 
 quasiied ; 
 
 and 
 
 If, during the trial, it appears that any count is not so] ^,^^^ Court may , mash 
 founded and that its remaining may cause injustice ,- „^, „,.„„4. 
 
 to the accused. 
 
 ^ 1'2. The AttoriiCfj-Genend, or any one by his 
 direction, or 
 
 
 j'with theToF A JUDGE of any Coui't of 
 ANYONE- written- criminal jurisdiction, or (^F 
 [ consent i the Attorney-General 
 
 and 
 
 •-uch count. 
 
 'may prefer a bill of in- 
 dictment for any of- 
 fence b e f o r e the 
 Grand Jury of any 
 Court specified in 
 such con.sent : 
 
 t-H 3=*^;^ /n)ay prefer a bill of indictment before (by order of such 
 
 ^^^ Z r^'^' I'El^'*'^'^' I any Court of Criminal iurisdiction, \ ' Court. 
 
 S ^ c 13. It shall not be ne- 1 to state such consent or order in the iudict- 
 2 = I cessary ( ment. 
 
 5 I An obiection to an indict- ( i t x i i „^„„ fbefore the accused is 
 ^1 -J .. X j; V. niust be taken by peti- • • , . 
 
 -= 1 ment tor want ot such- ,p,,,x- +^ ->tt.ox/ i given in charge to 
 
 ■^ \ , 1 TION to (JUASH, ?t T 
 
 'Z \ consent or order ^ ^ the Jury. 
 
 4. Xo bill of indictment shall be) 
 
 preferred. 
 
 No one shall be) 
 TRIED, J 
 
 /"Witnesses before the Grand 
 
 J 
 
 EXCEPT AS AFORESAID. 
 
 «2 2 fc^ 
 
 a — 
 
 Jury, 
 
 upon a Coroner's Inquisition. 
 
 ] may be sworn by the foreman. 
 
 2 <u ' The name of everv witness exam- 
 
 a Uns - - 
 
 
 ined or intended to be exam- -rJ 
 ined shall be endorsed on the j cs 
 bill of indictment. 
 
 the foreman of the Grand Jury 
 shall write his initials against 
 the name of each witness sworn 
 by him and examined touching 
 the bill of indictment. 
 
 fi t 
 
 When any one, against whom an indict- 
 ment is duly found and who is then at 
 large, does not appear to plead to such 
 indictment, 
 
 a warrant to apprehend him 
 may be issued and executed 
 in any part of Canada. 
 
100 
 
 Part XLIX. — Removal of Prisoners. — Change of Venue. — 
 
 (Secs. 649 to 651.) 
 
 See sections 649 and 650, 
 
 r special pro- | for the 
 
 visions \ prisoners | ness of a gaol, etc. 
 
 for special pro- | f or the removal of") on account of the insecurity or unfit- 
 1 prisoners | 
 
 [When it is expedient to the ends of Justice that a trial of an indictable 
 offence should be held in some district, county or place, other than that 
 in which it is supposed to liave been committed or would otherwise be 
 g I triable, 
 
 _w \the Court before which'! 
 
 order tlie trial to 
 bi' proceeded 
 
 111' 
 
 , / the accused is I 5 " ' 
 
 «g / I -g J any term 
 
 w \ or I ^ I or sitting 
 
 I /is liable to be l'^' ^^'^'^''^^ 
 
 ml 
 
 0| or 
 
 lan}' judge, who might hold ("may, at any 
 
 or sit in such court, I. other time, 
 
 either before 
 or after the 
 presentation 
 of a bill of 
 indictment. 
 
 w i t h in some 
 other district or 
 county or place 
 in the same pro- 
 vince. 
 
 C si 
 
 o'-s 
 
 Part. It.— Arraignment.— {^"£.0^. 652 to 658). 
 
 An oiwECTioN to the coxstitutiox of the Grand Jury 
 
 MAY RE taken Ijy motion \ if the Court is of opinion ROTH that 
 
 , y the olijection is well founded, and 
 
 I that the accused suffers prejudice, 
 
 THE INDICTMENT shall be QUASHED,) thereby, RUT NOT OTHERWISE. 
 
 
 The accused) GUILTY or not guilty orany of the special pleas hereinbefore 
 may plead j provided for. 
 
 c ' \ wilfully refuses to plead,^| 
 
 *< If the ac- 1 I the Court may order a plea of NOT 
 
 cused j j guilty to be entered. 
 
 I jwill not answer directly,] 
 
 
 O 
 
 c c 
 
 Part. LI.— Tria?.— (Secs. 659 to 741). 
 
 ^Every accused shall be ) , , „,„, ^^^^^,„^ , , 
 
 j-^ ... J (■ to make full defence by counsel 
 
 admitted J "^ 
 
 and 
 
 o 
 
 shall be entitled to be pre- "j unless he viiscondacfs himself by so inter- 
 sent in Court during the !» rupting the proceedings that their contin- 
 whole trial, j nance in his presence is impracticable 
 
 and 
 
 he may be permitted to ) , . , , , . , | on such 
 u /.,-., ^^ n ,T„^ f during the trial < xv • , 
 be out of Court, j ® ( think? 
 
 on such terms as the Court 
 s proper. 
 
101 
 
 /It' an accused is l siicli counsel shall, at the end of the prosecution's case, 
 I defended by I- declare w hether he intends to adduce evidence on behalf 
 counsel, j of the accused ; 
 
 and 
 
 if he does not then announce his ") the COUNSEL for the prosecution may 
 intention to adduce evidence, j address the jury by way of SUMMING UP. 
 
 IJUp 
 
 on every trial for an in-|h(! or his counsel shall be allowed, if he thinks 
 dictable offence, whether | tit, to open his ca^e, and after concludinjT such 
 
 the accused is defended 
 bv counsel or not, 
 
 I 
 
 openins^, to examine witnesses, .ind then to 
 sum up the evidence. 
 
 If no witnesses are 
 examined for the 
 defence, 
 
 the accused's counsel shall 
 have the privilege of ad- 
 dressing the jury last ; 
 
 otherwise such right 
 belongs to the pro- 
 secuting counsel. 
 
 Provided that the right of") to the Attorney-General or Solicitor- 
 \ REPLY shall be always al- - General or to any counsel acting on 
 lowed ) behalf of either of them. 
 
 In any province where the pane! of Grand ) seven grand jurors, instead of 
 Jurors is not more than THIRTEEN, j twelve may F[ND a true hill.(') 
 
 No ALIEN 
 
 j shall be entitled to a jury de ) but shall be tried as if he were a 
 
 I medletate lingiut', 
 
 natural born subiject. 
 
 X 
 
 1-5 
 
 c 
 
 X 
 
 In thosedistrictsof Quebec PROVINCE^, he shall, in his re 
 
 where the Sheriff nmst, by law, re- 
 turn a panel of petit jurors, com- 
 posed one half of persons spea.kinfj 
 Englislt and one half of persons 
 upeaklufj French, 
 
 turn specify, se- 
 parately, the 
 jurors speaking 
 Engl ish and thosL- 
 speaking French, 
 
 fand the names of 
 the jurors so 
 summoned shall 
 be called alter- 
 nately from 
 such lists. 
 
 s When any person, arraigned in Manitoba, 
 
 demands a jury composed"! he shall be tried by a jury composed one half 
 0?*'' /ta^/', at least, of per- at least of the persons whose names stand 
 sons skilled in the Ian- 1 first in succession on the general panel, and 
 guage of the defence, — ^ who, on appearing and not being challenged, 
 English or 
 
 \ 
 
 whether 
 French, 
 
 are found skilled in the language of the 
 defence. 
 
 (') This is provided for by an amendment, to section 662, made by 57-58 Vic, c. 57. 
 
102 
 
 o 
 o 
 
 E>2 
 
 / 
 
 Tlie ACCUSED or the prosecutor 
 
 
 MAY CHALI 
 the ARRAT 
 
 rfor CAUSE of partiallty\oi the sherift' or hisj" 
 I fraud or icllfid mis-.- deputies by wliom the- 
 
 I 
 
 conduct 
 
 J 1-anel was returned, [ 
 
 but on no 
 o t li e r 
 ground. 
 
 The OHJEC- 
 
 TION 
 
 SHALL ]?E made in writing, and 
 
 SHALL STATE tliat the person returning the panel was partud or 
 I fraudulent, or ivilfidljj- misconducted himself, as the case 
 [ may be. 
 
 Bl 
 
 
 If the ground of chal- 
 lenge is denied j 
 
 If the triers find that^ 
 the alleged ground 
 of challenge is true I 
 in fact, j 
 
 the Court shall appoint any two indifferent persons to 
 try whether the alleged ground 
 or not. 
 
 of challenge is true 
 
 or 
 
 Tif the party not challenging ('the court shall di- 
 I the arra}' admits that the I rect a new pa 
 
 ground of 
 true in fact, 
 
 challenge 
 
 n 
 
 :i new 
 nel to be return- 
 ed. 
 
 /If the array is NOT challenged or] the officer of the Court shall CALL the 
 If the triers find against the cbal- ,- names of the jurors, in the followino: 
 
 lenge. 
 
 J 
 
 manner 
 
 The XAME of each juror, with his"! shall be written on 
 
 NUMliER on the panel and 
 place of his abode, 
 
 the 
 
 'V 
 
 such cards being all 
 a distinct piece of -as nearly as may 
 CARD, j be, of an equal size. 
 
 
 
 The 
 
 CARDS 
 
 shall be delivered to the^j 
 officer of the court by 
 the sheriff or other 
 officer 
 panel, 
 
 returning 
 
 :uer j ann, -, 
 the 
 
 under the di--! shall be PUT TOGETHER 
 rection and in a BOX to l»e provid- 
 care of the r ed f (jr that purpose 
 officer of the and be shaken to- 
 court, ^ GETHER. 
 
 The OFFICER 
 
 the Court 
 
 of 
 
 SHALL, in open court, DRAW 
 OUT the said cards one 
 after another, 
 
 and 
 
 .•shall CALL OUT the NAME and 
 NUMBER upon each such 
 card as drawn. 
 
 until such a number of per- 
 sons have answered to their 
 names as, in the opinion of 
 the Court, will probably 
 suffice to provide a full 
 jury after allowing for 
 challenges and directions to 
 stand by. 
 
 The OFFICER of the Court] in the order in which 
 SHALL then SWEAR the ,- their names are so- 
 JURORS I drawn 
 
 until, after subtracting all 
 challenges allowed ami ju- 
 rors stood a.side, 12 JURORS 
 are swoRN. 
 
 If the number ans- 
 wering will not 
 I provide a full 
 
 .jury. 
 
 the officer shall draw further 
 names from the box. and 
 call them as aforesaid, 
 
 runtil, after challenges al- 
 lowed and directions to 
 .stand by, twelve jurors 
 are sworn. 
 
103 
 
 < 
 
 If by cliallenffes and' 
 directions to staml 
 by tbe panel is ex- 
 hausted without 
 leaving sufficient to 
 form a juiy, 
 
 Provided, that, if be- 
 1 fore any such juror 
 I is sworn, other jury- 
 , ' men in the panel l)e- 
 \ come available, 
 
 THOSE directed to STAXDrcXLEss challenged l)y tlie ac- 
 B\' shall l)e ((_7(ti7i cused, or 
 ca/^t'(7 in till' order in I UNLESS the prosecuter chal- 
 
 wliieh they were 
 drawn, and shall be 
 
 sworn, 
 
 leuLCi'S them and siiewsciuse 
 why they shoujil not be 
 sworn. 
 
 the proset-utor may re- Tand such jurors shall be sworn, 
 i{uire theirnamesto be challenged or ordered to 
 put into and drawn i stand by, as the case may be, 
 from the oox as here- before tlie jurors originally 
 inbefore prescribed, " stood aside arc again calleil. 
 
 ^ The 
 
 5| 
 
 le TWELVE MEN ultimately sworn | and their names shall be kept apai 
 shall be the JURY to try the indict- • until they give in their verdict, o 
 
 t 
 or 
 
 ment 
 
 are discharged 
 
 and 
 
 then, the names shall be I'eturned to the box, there] and so iof'iPK quotleti as 
 to be kept with the other names remaining then ,- long as any issue re- 
 undrawn, ,1 mains to be tried. 
 
 i4 
 Ed 
 
 < 
 
 
 Provided that when theTthe Court may try any issue with the same jury 
 prosecutor and the ac- 1 that has previously tried or lieen sworn to 
 cused do not object! try any other issue without their names being 
 thereto, I returned to the box au'l redrawn, 
 
 or 
 
 if either of the parties objects to somerthen, the Court may order such per- 
 ming I sons to withdraw, and may direct 
 -, the requisite number of names to 
 make up a com{)lete jury to be 
 - drawn and swoi'n. 
 
 one or more of the 
 
 such jury 
 
 or 
 
 jurors forn 
 
 the Court excuses any of them. 
 
 An OMISSION to follow the directions \ shall not afi'cct tlu 
 of this section ( 
 
 proceedings. 
 
 v.ilidity of the 
 
 is 
 
 c s 
 
 ■ts 
 
 o 
 
 ' 
 
 > 
 
 93 
 
 
 •-^ 
 
 
 ^\ 
 
 
 Ui 
 
 ^ 
 
 &a 
 
 tf 
 
 •ji 
 
 « 
 
 
 ■3 
 
 < 
 
 "-3 
 
 
 o 
 
 o 
 
 
 ,-^ 
 
 
 
 
 H 
 
 
 V 
 
 . 
 
 IN cases of treason oi ( )f any offence nv/a 'if>h - 1 , , , 
 able with death, I ^'^ ^^^■*^"^>' 
 
 IN the case of any offence punishable with^ 
 
 imprisonment for •') years or more, (a n d | , _ , E2 
 not being treason or an offence punishable with | ''• ~ 
 
 death), J 
 
 IN the case of any other offence, | to four 
 
 r. 
 
 -■ X 
 
104 
 
 .. r. 
 
 /(a) that ANY JU- 
 Koil's NAME does 
 NOT appear in 
 the paiiol : 
 
 'Provided that no inisno^nxer or di \Men' 
 cripViO}} shall be a ground of elial- 
 lenge, if the description in the panel 
 sufficiently designates the persons 
 referred to ; 
 
 or 
 
 Every pkosecu- 
 T<»u and every 
 ACci'^ED is en- 
 titled to ANY^'(b) that ANV JUROR is NOT ( between the Queen and the 
 N u M i{ E R oi\ iXDiFKEiiENT ( accused : 
 
 OHALLEN(;ESon ' 
 
 ;iny of the 
 f o 1 1 () \v i n g 
 groimds, \ i/. : 
 
 or 
 
 (c) that ANY JUROR ha? been CONVICTED of an offence for 
 which he was .sentenced to death or imprisonment with 
 hard labor or exceeding twelve months ; 
 
 or 
 
 \ 
 ,(d) that ANY JUROR is an alien. 
 
 No OTHER fjround of challenge shall be allowed. 
 
 ;If the ground of challenge /the .same shall be tried by the Court on the 
 I is that the JuuoRs' names! V(>iy dire by the inspection of the ]»anel 
 
 do Not appear in the I and such other evidence as the Court thinks 
 
 panel, ^ tit to i-eceive. 
 
 If the GROUND of CHALLENGE be OTHER than as L.A.ST aforesaid, 
 
 the TWO JURORS last' 
 sworn, or, if no jurors 
 have been sworn, then 
 TWO I'ER.soNS whom 
 the Court may ap- 
 point for that jiur- 
 pose, 
 
 llf the Court or the triers tind aoain.st 
 
 
 f 
 
 
 o ^ 
 
 
 
 
 ~ -i5 
 
 
 ■*i 
 
 SHALL RE 
 
 i, ^^^ 
 
 
 ^ ^ — 
 
 SW( )RN • 
 
 i ■* -*^ * 
 
 
 
 TO TRY 
 
 "S^.S 
 
 
 
 
 
 
 fi c 
 
 , 
 
 STANDS INDIFFERENT 
 
 between the Queen 
 and the accused, 
 
 or HAS REEN CON- 
 VICTED, or is an 
 ALIEN, 
 
 asafore.said, 
 as the case 
 may be. 
 
 — I the challenge, 
 
 If thev tind FOR the ) 
 
 challenge. 
 
 ) 
 
 he shall not be sworn. 
 
 • the JUROR shall be SWORN. 
 
 If, after what the Court considers ( the Court may discharge them from giving 
 a reasonable Lime, the triers -j a verdict, and may direct other persons 
 cannot agree, ( to be sworn in their place. 
 
 jn — 
 
 b- = 
 
 The Crown shall have j 
 power to challenge! 
 FOUR jurors PEREMP 
 TORILV, 
 
 ,may DIRECT anv NUMBER of jurors, not 
 
 peremptorily challenged by the accused, 
 
 and .' to STAND BY, until all the jurors have 
 
 been called who are available for the 
 
 purpose of trying that indictment. 
 
 Theascused may be called upon [BEFORE the prosecutor is called upon to 
 to declare whether he chal-j DECLARE whether he requires such 
 ler.ges any jurors peremp- 1 juror to STAND BY or CHALLENGES him 
 torily or otherwise, I either FOR CAUSE or PEREMPTORILY. 
 
105 
 
 
 531 
 
 The RIGHT of the 
 Crown to STAND 
 jurors ASIDE 
 
 iiail NOT be exercised on the trial of any indictme'it 
 or information by a private prosecutor for the 
 publication of a defamatokv lihel. 
 
 tJC 
 
 r: 
 
 
 
 
 
 
 
 tc 
 
 3 
 
 r" 
 
 1-5 , 
 
 _s 
 
 
 
 
 
 
 
 
 O 
 
 r^ 
 
 Whenever a person accused of 
 an offence, for which he 
 wouM })e entitled to twenty 
 or twelve peremptory chal- 
 lentres, elects to be tried 
 by a mixed jury, 
 
 the number [so that he shall only have the 
 of his PER- ri<,dit to challenge one half of 
 EM PTOR Y I such number from amonirthe 
 CHALLEN- flnglish speakinjf jurors and 
 GES shall one half from among tlie 
 be divide<l, \. French speaking jurors. 
 
 .5^ 
 
 ■s. ■^ 
 
 O^ 
 
 If SEVERAL ACCU-Hhey or any of them may either or EACH may make 
 SED persons are join in their challenges, in his ciiALLENCiES 
 JOINTLY indicted, I which case the persons M)joining in the same man- 
 and it is proposed shall have only as many chal- ner as if he were 
 to try them to- lenges as a single person would intended to be 
 
 together, 
 
 be entitled to, 
 
 < 
 
 < 
 
 Whenever, after the pro-' 
 ceedings herein before 
 provided, the panel has 
 been exhausted, and a 
 complete jur}' cannot be 
 had by reason thereof, 
 
 then, upon 
 
 request 
 
 made ON 
 
 15EHALF OF 
 
 THE Crown, 
 and 
 
 tried alone. 
 
 ' the court may order the sheriff" or 
 other proper officer forthwith to 
 summon such number of persons, 
 irJiethar qiuditied juror.s or vot 
 as the Court deems necessary and 
 directs in order make a full jury ; 
 
 o a 
 
 X a 
 
 such jurors may,, if necessary, be summoned by word of inoath. 
 
 2. The names of the persons | shall be added to the GENERAL PANEL, for 
 ^ so sununoned j the purposes of the trial. 
 
 Upon every I the Court may direct that, during the adjournment, the 
 adiournmen'J.-JURY shall be kept together t 
 
 ^ 
 
 of a trial 
 Such direction ] 
 
 and prevented from commu- 
 nicating with any one on the subject of the trial. 
 
 > m all capital cases. 
 
 shall be given j 
 
 In other cases, if no such),, , ,, , -.^ i . 
 
 direction is given, p^'^ '' ^'^^' ^'^'^^^ ^« permitted to separate. 
 
 Jurors, after being sworn, are allowed, be-") 
 fore giving their verdict, the use of FIRE [■ and 
 
 and light, when out of Court, 
 
 
 i shall also iillowed rea- 
 sonable REFRESH 
 ment. 
 
 Every witness duly subpoenred to give evidence") must atpend and re- 
 at any criminal trial before any Court of cri- [■ main i n attendance 
 minal jurisdiction ) throughout the trial. 
 
 As to arresting, detaining and punishin 
 witnesses failing to attend, etc, 
 
 A witness residing in Canada, OUT^ , , j j i ix -.i a 
 
 of the ordinary jurisdiction [ ^^>' ^? subpnenred and dealt xyith as if 
 of the Court S I'esident within its jurisdiction. 
 
 "h 
 
 see sec. 678. 
 
106 
 
 As to procurinfj a prisoner's attendance | ^ ^ 
 
 as a witness, | ^^^ •'^®*'- "^" 
 
 •/I 
 
 X 
 
 o 
 
 O = 
 
 .2 S 
 
 Whenever the Crow\ or the Af'ClisEn proves' 
 that any person dangerously ill and ncjt 
 likely, in the opinion of some licensed me- 
 dical practitioner, to recover, is al)le and 
 willini; to ijive material information relatincj 
 to any indictable otience or to liny person 
 accused thereof, 
 
 a Jud;,'e of a .Superior 
 Court, or a iudfre of a 
 countv court liavinj; cii- 
 muial jurisdiction may 
 appoint a commissioner 
 to take tlie deposition of 
 such person. 
 
 
 ^ /Whenever a prisoner in actual ~^ thejiidgewhoappointedthecommissioner 
 -| j custody receives notice of an in- - may direct the prisoner to be conveyed 
 5 tention to take such deposition, ) to the place appointed for taking it. 
 
 \At the instance of the Chovvx ") Commissioners may be appointed to take 
 or of the ACCUSED, ) evidence out of Canada. 
 
 The depositions so ) MAY HE used as evidence as well before the GlUXD 
 taken i jury as at the trial. (') 
 
 TT 
 
 
 
 
 aj 
 
 
 
 
 <v 
 
 u 
 
 
 
 a 
 
 
 
 ^ 
 
 -M 
 
 <•) 
 
 
 
 • <-4 
 
 
 
 -*-» 
 
 tg 
 
 fl 
 
 . 
 
 ■^ 
 
 
 
 X 
 
 -^ 
 
 it 
 
 
 u 
 
 
 c 
 
 .1.3 
 
 t: 
 
 ,— ^ 
 
 -) 
 
 a 
 
 
 i« 
 
 CM 
 
 
 o , 
 
 -^ 
 
 o 
 
 « 
 
 « 
 
 o 
 
 
 
 
 o 
 
 ^^ 
 
 -^ 
 
 «^ 
 
 o 
 
 
 
 •^ 
 
 ,^ 
 
 a 
 
 rs 
 
 .4^ 
 
 
 rz 
 
 • p^ 
 
 — 
 
 
 ^^ 
 
 > 
 
 ""^ 
 
 
 
 eg" 
 
 (a) Treason, section 6.5, 
 
 (b) Periury, section 14G, 
 
 (c) Otiences jSkductiox, Defiling Females, 
 under Part I coxsPiRACY TO Defile, car- 
 XIII, .sec- xally kxowixg female idiot.s, 
 tions 181 
 to 190. viz: 
 
 etc., and Prostitution of Ix- 
 D5AN Women, 
 
 Cd) Procuring Feigned Marriages, section 
 
 277, and 
 (e) Forgery, section 423, 
 
 no person accused 
 of any of them 
 shall be convicted 
 on the evidence of 
 one witness, un- 
 less corroborat- 
 ed in some mate- 
 rial particular by 
 evidence lutplica- 
 ting the accused. 
 
 
 03 
 
 c 
 
 Where, at the hearing or trial of a 
 charge for carnally knowing or 
 attempting to carnally know a girl 
 under 1 4-, or for indecent assault, 
 the girl, in respect of whom the 
 offence is charged to have been 
 committed or any child of tender 
 years (jtfered as a witness, does 
 not understand the nature of an 
 oath, 
 
 the evidence of such girl or other 
 child MAY p.e received thovxjh not 
 given upon ontli, 
 
 if, 
 
 in the opinion of the Court or of the 
 justices, as the case may be, such 
 girl or other child is possessed of 
 sufficient intelligence to justify the 
 reception of the evidence and un- 
 derstands the duty of speaking the 
 truth. 
 
 But no per-") unless the testimony so admitted on behalf of the prosecu- 
 son shall be Y tion is corroborated by some other material evidence in 
 convicted, ) support thereof hnplicating the accused. 
 
 3 
 
 . Any witness, whose evidence") is liable to indictment and punishment for 
 \ is admitted under this section, j perjury as if he or she had been sworn. 
 
 (') Added to sec. 683 by 58-59 Vic, c. 40. 
 
107 
 
 the evidence of a sick person examined under a.'\ if such person is DEAD or 
 I conuiiission may l»e read in evidence at the - N'ot aiu.e to attentl at 
 trial > the trial. 
 
 A depoisition ta-' 
 ken at a I'UKLi 
 
 MINARY EN'(,U'I 
 liV may he read ■ ^• 
 at the trial as 
 evicU'nce in the 
 prosecution, 
 
 ■*3 
 
 that the person who made it is DEAD, or so ILI, as not 
 to he ahle to travel, or is amsent from Canada, 
 
 and 
 
 that the deposition was ti(l,en in the presence of the 
 accused, and that he, his counsel or solicitor had 
 a. fall opportunif;/ to cross examine the witness. 
 
 Depositions taken in the^ may he used as evidence in a prosecution of ANY 
 'pt'eliiiunavy or o(her\ other offence, upon the like proof as in 
 invest 't(j(ctwn of t"iy j the prosecution of the otience in which the 
 
 cliari,'e 
 
 deposition wastaken. 
 
 ^ "5 The accused's statement before] funless it is proved that 
 
 i = the justice may, if necessary, I without further! tin- justice purport- 
 
 
 upon the trial, be given in j proof thereof, I ing to sign it did not 
 
 <« ;*^ evidence against liim, 
 
 j ing to s 
 I sign it. 
 
 .2 "S _• |''An accused person, o\ His trial for ( may admit any") so as to dispense 
 ^ 2 -S -j any imlictable oft'ence, or his-, fact alleged [■ with proof 
 ..^ -^ r- I counsel or solicitor, ( against him, thereof. 
 
 As to proof, in a PERJURY case, of the indictment and trial) 
 at which the perjiuy was committed J ' 
 
 see. 091. 
 
 As to method of proving a coin to be false and cou'xterfeit, and \ see sees 
 As to evidence on the trial of a charge of ADVEirriziXG counter- > 092 and 
 
 FEIT MONEY, J 093. 
 
 As to proving a COXVICTIOX of an indictable or summary") cr., 
 
 /v» y see sec. Ot7T', 
 
 oitence, ) 
 
 witness may be asked] fif, on being so questioned,] the opposite party 
 
 if he has been con- .- and - he denies the fact,orwiLL.- may prove such 
 victed of any offence,] [ not answer directly, j 
 
 pr( 
 conviction 
 
 c -1 
 
 O U ~ 
 
 .a '^ ~ 
 
 ■The trial of a woman charged] shall proceed and be governed by the 
 with the murder of any issue like rules of evidence and pre- 
 
 of her body which being - 
 born alive would, by law, be 
 bastard, I 
 
 sumption as are by law used and 
 allowed in other trials for mur- 
 der. 
 
 c 
 
 
 g 
 
 w 
 
 c 
 
 bC 
 
 T. 
 
 
 'Z 
 
 V3 ■ 
 
 d 
 
 ■ ^ 
 
 C 
 
 ^ 
 
 S 
 
 
 o 
 
 
 O 
 
 
 Comparieon of a disputed writing w^ith } may be permitted to be made by 
 any writing proved to be genuine, j witnesses ; 
 
 and 
 
 such writings and the^ may be submitted') as evidence of the genuineness 
 evidence respecting y to the Court and [■ or otherwise of the writing 
 the same, j Jury ) in dispute. 
 
108 
 
 c 
 o 
 
 Cm M 
 
 a :« 
 
 
 A party producing a witness slmll not be al- ) by general evidence of bad 
 lowed to impeacli his credit ] character ; 
 
 but 
 
 if, in the Court's opinion, the witness proves adverse, 
 
 such party may cox-") 
 
 / THADicT h i m by [• 
 
 , other evidence, ) 
 
 w 
 
 1 
 
 by leave 'i may prove that the witness made 
 of the >• at other times a statement incon- 
 Court, 3 sistent with his presont testimony; 
 
 / 
 
 but 
 
 before such 
 proof can 
 be fifiven. 
 
 'the CIRCUMSTANCES of the supposed^ and he shall be asked 
 STATEMENT sutficient to desif^nate l_ v.hether or not he 
 the particular occasion shall be I did maki' such state- 
 mentioned to the witness, J meut. 
 
 
 o 
 
 ,A witness may 
 ' be cU(jss-EXA- ■ 
 
 MINE]) 
 
 
 as to previous statements made by\ ■., , , •. 
 
 him in writing, or reduced to ■ ■ • , 
 
 writing, relative to the subject j . '', •^ 
 matter of the case, J 
 
 itiiii. 
 
 
 
 53 I 
 
 but 
 
 if it is intended to con- 
 tradict the witness 
 by the writing, 
 
 and 
 
 his attention MUST before such contradictor}' proof 
 can be given, be called to the parts of the 
 writing which are to be used to contradict him ; 
 
 the Judge, at any time during the' 
 trial, may require the production of 
 the writing for his inspection. 
 
 {thereupon, m a y use it in 
 the trial as he thinks 
 tit. 
 
 cr 
 
 •* « o 
 
 u 
 
 If. — UPON CROSS-EXAMINATION as to a 
 witness' former statement relative 
 to the subject matter of the case 
 anil inconsistent with his present 
 testimony, 
 
 but, 
 
 the witness does 
 N o T distinct- 
 ly ADMIT mak- 
 ing such state- 
 ment, 
 
 proof may b e 
 given that he 
 did in fact 
 make it : 
 
 before such 
 proof can 
 be given 
 
 'the CIRCUM.STANCES of the SUPPOSEDl 
 
 statement sufficient to designate 
 the particular occasion shall be 
 mentioned to the witness, 
 
 and he shall be asked 
 whether or not he 
 did make such sta- 
 tement. 
 
 As to EVIDENCE of a place being 
 
 see sections 702 and 703 ; 
 
 a COMMON gaming HOUSE 
 and 
 As to evidence of Gaming in stocks, see sec. 704. 
 
 As to EVIDENCE of 
 the ACCUSED'S GOOD -j 
 
 faith (. 
 
 and 
 
 in certain libel cases for publishing '\ 
 
 EXTRACTS from parliamentary or > see sec. 705 ; 
 legislative papers, 3 
 
 As to evidence in poligamy cases, see sec. 706. 
 
109 
 
 As to EVIDENCE of ) ORES or MINERALS, and) -rt- , -^t, 
 
 ^ ^ , „ y see .sees. 707 and 70S. 
 
 STEALING TIMBER, j 
 
 As to EVIDENCE 
 
 in cases 
 
 and 
 
 RELATINO to PUHLIC STORES and OF FRAUDU- 
 LENT MARKS Oil merchandise, 
 
 {' 
 
 see sees. 70f) 
 and 710. 
 
 e . 
 
 i ^ 
 
 O) ! 
 
 ^ C 
 
 When the complete^ 
 / commission of the of- 1, 
 fence cliarged is NOT 
 proved, 
 
 rbut 
 
 fthe evidence estab- 
 lishes an ATTEMPT 
 to coll.. 't tlie of- 
 fence, 
 
 the accused may be 
 j convicted of such 
 I attempt ; 
 
 and 
 
 |When an attempt to 
 
 / commit an offence .but - 
 
 \ is chart'ed, | 
 
 the evidence shews 
 the commission of I 
 the full offence, j 
 
 the accused sliall not be 
 entitled to ACQi"lTT.\L,but 
 he may be ciJNVlC'iED of 
 tlie attempt; 
 
 ^unless the Court thinks fit to discharge the jury from <,Mvingany verdict 
 upon such trial and to DIRECT the accused to be indicted for the 
 complete offence. 
 
 2. Provided that, after "| the accused .shall not be liable to be tried 
 a conviction for .such [• again for the offence which he was charged 
 attempt, 3 with attempting to coumiit. 
 
 be > 
 
 c 
 o 
 
 s 
 
 .Every count shall be deemed divisible, 
 
 and 
 
 if the COMM.SSION of the offence^ the accused May P.E convicted of any 
 
 offence so included which is 
 proveil, although the whole offence 
 charged is not proved, or 
 he may i?e convicted of an attempt 
 to commit any offence so included ; 
 
 charged, as described in the enact- 
 ment creating the offence or as 
 charged in the Count, includes 
 
 the COMMIS.SION 
 
 offence, 
 
 of ANY OTHER 
 
 2. Provided that on a Count charging murder, 
 
 proves] *^^ J"^^' .r/iT?T'lv''?l '^"t SHALL NOT on thatCount, 
 f^ 1 , accused not guilty or I ^_.^ ^.u j r 
 
 =^ ^"^ MURDER, but GUILTfl FIND the acCUSed, GUILTY of 
 
 j of MAN.SLAUGHTER J any other ofFence ; 
 
 if the evidence 
 
 MANSLAUGHTER 
 not MURDER 
 
 ih 
 
 <u bL^ A person tried for the murder of a child 
 
 « c.s- ^- 
 
 i 
 
 and ACQUITTED thereof. 
 
 rmay be convicted 
 
 ^CONCEALMENT of BIRTH. 
 
 'S ^ 
 
 « o 
 
 o ~ 
 
 For special provisions 
 
 as to the trial of joint receivers 
 
 and 
 
 as to proof of accused's KNOWLEDGE of 
 property being stolen 
 
 -see sections 715 to 717. 
 
no 
 
 ^ fas to proof, — in coinage cases, — of the resemblance of thealieored ") see sec, 
 
 ") see i 
 
 I 7J 
 
 S a I counterfeit to the lawful coin, ) 718 
 
 %''M -' and 
 
 o j- las to the givinw of a general or special verdict in a lip.el) _,„ 
 
 f^ '^ «oc.^ r '^ee sec. 719. 
 
 r^.T,-^,Tx^T^... ., C^^^'ienever any FORGED .or fraudulently ^ the court may 
 
 IMPOUNDIN(i ) . ,-, j"' , . T -.^ 1 • • ' 1- ^ •, 1 
 
 nr>r.iT-.n:.x-r • 1 ALTERED docuuitnt IS admitted in evi- - direct it to be 
 K. dence, i impounded. 
 
 Destroying r False or counterfeit coins produced ] may be ordered to be 
 counter- } on any trial for an offence against > CUT in pieces, in 
 feit coin. (. Part XXXV ' 3 open Court. 
 
 ViFW I ^'^^ '^"-^ ^^'^'^^ ^^^ ^- ^^^^ Court may direct that the Jury shall have a 
 I any offence, j view of any place, thing or person. 
 
 ilf. on any trial, there ap-^, ,, n i. •,.• x- • • ^z * ./ 7 
 
 pears to be a variance I ^^^? ^^"^' T^'-^f ['/'^^^''^^^"'r *':"^,^'i' fP'''^'^ 
 r^, , ,, ■ -, ! has not been misled or prejudiced 111 his de- 
 
 , , ,. fence by such variance, — amend the indict- 
 
 given and any count or l i \ e -ui -ii ^x. i? 
 
 ", . ,. "1 j ment so as to be contormible with the proof. 
 
 
 53 
 
 K^ 
 
 If an indictment is preferred under a wrong' 
 Act or OMITS to STATE or defectively 
 states any thing requisite to constitute the 
 offence, 
 
 g 1 but 
 
 the matter omitted is proved by the evidence. 
 
 the Court, — if of opinion 
 that the accused han not 
 been misled or prejudiced 
 in his defence by such er- 
 ror or omission, — shall 
 amend the indictment as 
 may be necessary. 
 
 iln either of the ") the trial shall proceed as if the indictment had been origi- 
 '2 \ above cases, j nally framed as amended. 
 
 ^ Provided that, if the Court is of opinion that the) , 1 ri ^ 1 
 
 5 777 -77 • J • 7 • z • 7 the Court may make 
 
 < accused has been nmsled or preiudiced %n his ae- ,, i j. j 
 
 3,. i.i.i..ixri.ri:-ij- V tne amendment and 
 
 5 fence, but that the effect of such misleading or pre- /' j- , 
 
 *^ '. J. . , , , ,, T . i. I adjourn or postpone 
 
 ^ ' judice might be removed by adjourning or postpon- !*},+•] 
 
 ing the trial, ^ 
 
 The propriety of making or refusing to make any such ") is a question for the 
 amendment J Court ; 
 
 and 
 
 the DECISION of the Court upon it may be reserved for ^ like Awy other de- 
 the Court of Appeal, or may be brought before the [■ cision on a point 
 Court of Appeal, ) of law. 
 
Ill 
 
 u /It* the Jury retire to con- ) they shall be kept under the charge of an officer 
 "I / sider their verdict. j of the Court in some private place, 
 
 f and 
 
 ^ j no person other than the officer in charge of them sliall be^^ without the 
 c \ pei'raitted to speak to or communicate in any way witli r leave of the 
 S -g I any of the Jury, ) Court. 
 
 o 'S / . I . . 
 
 "^ 'Z\2. Disobedience to the directions of this section shall not affect the vali- 
 ne ^ ditv of the proceedinos. 
 
 Provided that, if such , the Court, — If of opinion tliat such dlsohedlcnce 
 disobedience is; dis- 1 haa produced suhstanfiid mischief, — may nis- 
 ^ I covered before the- charge the Jurj' and oiiiEcT a new jury lo l>e 
 Jury's vei'dict is re- 1 sworn or empanelk-d, during the Sitting, or 
 turned, ; may postpone the trial. 
 
 3 
 
 -5 
 
 -kj v-^/'If the Jury CAX.VOT") the Court may DISCHAUCE them, and direct a new 
 s .5 I AGREE upon their v jury to be empanelled, or may postpone the 
 verdict, 3 trial. 
 
 '^ ^ V2. Xo Court shall review the e.'sercise of this discretion. 
 
 The TAKING of the verdict of the Jury or other pro- ) by reason of its liap- 
 ceeding of the Court shall not be invalid j pening on a 8r\l)AY 
 
 
 il 
 
 « c - 
 tc 2 
 .5 5Jc 
 
 cc 
 
 If SENTENCE of DEATH is \ she may move in arrest ) on the grouml that 
 passed upon a woman, j of execution, j she is pregnant ; 
 
 and 
 
 then, one or more registered medical practitioners shall be sworn to 
 examine her, , 
 
 J/} 
 
 if, upon the report of any of 
 them, it appears that she is 
 with c h i 1 d of a quick 
 child, 
 
 execution shall be arrested till she is deli- 
 vei'ed of a child or until it is no lono-er 
 possible in the course of nature that 
 she should be delivered. 
 
 The jury de ventre [/(s^jiciewc/o is abolished. 
 
 _o , .„• r After an indictment is T the proceedings maybe .stayed by the Attor- 
 "o 2 c- ■] found and before -j ney-General, who may DEf.EG.vi'E this power 
 ^ ^ (. judgment thereon, (, to any counsel nominated by him. 
 
112 
 
 c 
 
 Jf the accused is C the presiding Judge shall ask him whether lie 1ms any- 
 / FOUND GUILTY or < thing to say why sentence should not be passed on 
 PLEADS OL^ILTY, ( him according to law ; 
 
 but 
 
 the OMISSION so to ask I shall have no effect on the validity of the pro- 
 him, ( ceedings. 
 
 H I Before sentence, the accused f on the ground that the indictment does NOT, 
 •^ may move in arrest of J. (after any amendment of it legally made), 
 *o I judgment, ( state any indictable offence. 
 
 
 u 
 
 may 
 
 I eithei 
 X ma 
 
 2 \The Court f either hear and determine the") , J 
 
 itter during the same sittings, f ^ ( 
 
 reserve it for the 
 Court of Appeal. 
 
 'Z /If the Court deci<les in favor of the ( he shall be di.sch.\rged from that in- 
 
 accused. 
 If no such motion is 
 
 made 
 
 or 
 
 if the Court deciiles 
 against the accused 
 upon the motion, j 
 
 ( dictment. 
 
 THE Court may sentence the accused during the 
 
 sittings of the Court, or 
 it may, in its discretion, discharcje him, on his own 
 
 recognizance or on that of sureties, or both, to appear 
 
 and receive judgment at some future time or when 
 
 called upon. 
 
 o 
 
 
 2 
 
 
 Judgment after 
 verdict, upon an 
 indictment for 
 any offence 
 jigainst this Act, 
 siiallnotbe st.ay- 
 ED or reversed, 
 
 fFOR want of a similiter, — nor 
 BY reason that the jury process has been awai'ded 
 
 to a wrong officer upon an insufficient suggestion, 
 
 — nor 
 for any misnomer or misdescription of the officer 
 
 returning such process or of any of the jurors, — nor 
 because any person has served upon the jury who 
 
 was not returned as a juror ; 
 
 = / 
 
 ^ \ 
 
 and 
 
 where the offence char- 
 ged is an offence 
 created by any sta- 
 tute or subjected to a 
 greater degree of pu- 
 nishment by any sta- 
 tute. 
 
 the indict- 
 ment shall, 
 
 BE held suf- 
 ficient, 
 
 'if it describes the offence in the 
 words of the statute creating the 
 offence orprescribing the punish- 
 after verdict I ment, although they are dls- 
 jimctively stated or appear to 
 Include more than one offence, 
 or otherwise. 
 
 If the jury acquit a person of an^ the Court shall order such person to be 
 indictable offence on account! kei^t in strict custody, until the 
 of his insanity when the of-j pleasui'e of the Lieutenant-Governor is 
 
 fence was coumiitted, 
 
 known. 
 
 >- If after 
 
 the indictment is found and before 
 verdict THERE appears to the Court suffi- 
 cient reason to doubt whether the accused 
 is then, 07i account of insanity, capable of 
 conducting his defence, 
 
 the Court may direct that an 
 issue be tried whether the ac- 
 cu.sed is or is not, then, on 
 account of insanity, unfit to 
 take his trial. 
 
 If the verdict on this issue is that the C the arraignment or the trial shall 
 accused is NOT then unfit to take •] proceed as if no such issue had 
 his trial, (. been directed. 
 
113 
 
 
 'If the verdict is thaf) the Court shall order the accused to be KEPT in CUS- 
 he IS UiVFiT on ac- [■ tody, till the pleasure of the Lieutenant-Governor 
 count of insanity, ) is ki 
 
 :nown. 
 
 No sucli jn-oceeding shall prevent the accused beinj? afterwards tried on such 
 indictment. 
 
 As to the Lieutenant-") over ACcrsED PERSONS so found to be\see sees. 740 
 . Governor's powers / ix.sane and over insane prisoners, J and 741. 
 
 1-3 
 < 
 
 Part hII.~Ap])eal.—{QEC8. 742 to 751). 
 An appeal to the Court of Appeal 
 
 'of ANY Court or Judge hav-'^ 
 
 from the aer- 
 
 DlCTorJL'DG-s 
 
 f 
 
 ing criminal juri.sdiction 
 or 
 
 on the trial of 
 
 any person 
 g \ MENT ' for an indict- ^ 
 
 ^ in the cases hereinafter provided for, AND IN NO f>THERS. 
 
 of a ilAGlsTRATE proceeding ; able oti'ence, 
 under sec. 7(So, (') ; 
 
 SHALL LIE, 
 on the ap- 
 plication 
 of such 
 person, IF 
 
 CONVICTED, 
 
 o 
 
 w 
 
 iw 
 
 Hienover the Judges of the Court of Appeal are unanimous") their decision 
 in deciding an appeal brought before such Court, , j shall be FINAL. 
 
 ^ > If any of the Judges DISSENT from") ail appeal shall lie, from such deci- 
 "^ , the opinion of the majority, ) sion,to the SUPREME Coi-RT of Canada. 
 
 The Court may, either <luringj 
 or after the tricil, reserve,.!'^ " r^' ?'-^^" 
 
 for the opinion of the Court 
 of Appea 
 
 arising either on the trial or on 
 
 any proceedings prdiviinarif 
 
 ITON ofj suhseqiienf or incklenfaithere- 
 
 L.vw I to, or arising out of the (?irec- 
 
 fio}i of the Jud(/e. 
 
 The prosecutor or f [during the trial, either ) ^^PP^^^' ^"^ ^^'^ ^^^^ *^ 
 
 fh« AoniTciTT. -I »»ay, - ._ it. _;„ „-..;.:._ ,> re.serve any such ques- 
 
 the accused 
 
 1 
 
 and 
 
 1 orally or in writing, ( x- 
 
 ^ Jthe Court 1 i^ '^ ^'^f uses so to reserve (shall, nevertheless, take a note of 
 a / ' I it, such objection. 
 
 >\ . . . 
 
 After a riuestion is re-V, , ,, • -i 
 
 1 ' Uhe TRIAL shall proceed as ui other ca.ses. 
 
 .served, J 
 
 
 If the result is a 
 conviction, 
 
 "i, the Court may respite the execution of the sentence, or 
 postpone sentence till the question reserved is decided, 
 
 and 
 
 shall, in its discretion, commit the person convicted to 
 ; gaol, or ADMIT him to BAIL. 
 
 ^ , i- 1 • 1 fa CASE shall l)e stated for the opinion of the 
 
 \On a question being reserved,] P -f f A 1 
 
 (') Sec. 785, jHid, reliitt's to siirmiiiiry triiils of indictiihli! tttionces in Ontauio. 
 
114 
 
 > 
 
 a 
 
 ■X. 
 
 .If the Court refusesUlie I'AHTV i with <^he Attorney-"j Movi: the Court of Ap- 
 to reserve the ques- • APri.Yixo General's leave, in - peal as hereinafter 
 J may, I writing, J 
 
 tion, 
 
 provided. 
 
 The Attorney-General niav, — in hisl , , 
 
 discretion - J«'^'^ «'" ^^^^'^^^^'^^ ^"'"'^^ ^^'^^^'^- 
 
 ^ iThe Attorney-General or"! /"on notice of motion to thenuove the Court 
 
 jg; \ any person to whom he [may,- accused or prosecutor, as - of Appeal for 
 
 J leave to appeal. 
 
 gives such leave, 
 
 -J-. 
 
 w / 
 
 [ the case may he, 
 and 
 ^ \The Court of Appeal may grant or refuse such leave, 
 
 (If leave is) a case is stated for the opinion of the Court fas if the question 
 § i granted j of Appeal, ( were reserved. 
 
 "^ If the sentence is alleged to"| either party, upon Tmav, — without leave, — .move 
 he one which could not, by - giving notice to- the Court of Appeal to 
 law, be passed, J the otlier side, [ pass a proper sentence, 
 
 I If the Court has arrested judgment and) the prosecutor MAY, — without leave 
 refused to pass any sentence, j — make such a motion. 
 
 < 
 o 
 
 O 
 
 o 
 
 O 
 
 K 
 U 
 
 is 
 
 c 
 
 Cm 
 
 C 
 C 
 
 O 
 
 /(a), CONFIRM the ruling appealed from ; or, 
 
 (b), if of opinion tluit the ruling was erroneous, and that) direct a NEW 
 there has been a mistrial in consequence, J trial; 
 
 or 
 
 I (c), if it considers the) PASS such sentence as ought to have been passed 
 \ sentence erroneous or I or set aside any sentence passed, and REMIT 
 the arre.st of judg- 1 the case to the court below with a direction to 
 / ment erroneous, j pass the proper sentence ; 
 
 or, 
 
 1(d), if of opinion, where the accused has] DIRECT that the ACCUSED shall 
 been convicted, that the ruling was er- [ be discharged, which order 
 roneous and that the accused ought to j shall have all the effects of 
 have been acquitted, j an ACQUITTAL; 
 
 or 
 (e), DIRECT a NEW TRIAL ; or 
 
 \(f) MAKE such OTHER ORDER as justice requires. 
 
 Provided that no^ although it appears that some evi- 
 conviction shall dence was improperly admitted, 
 bb set aside, nor or rejected, or that something not 
 any new trial according to law was done at the 
 directed, J trial, or some mi.sdirection given, 
 
 UNLESS, in the opinion 
 of tlie Court of Ap- 
 peal, some substantial 
 wrong or miscarriage 
 was thereby occa- 
 sioned on the trial. 
 
 1 
 
 1 
 
 Provided that, if the Court of Appeal is of opinion thafj Tnixi 
 
 anj' challenge jfor the defence was improperly dis- !• 
 
 shall 
 
 allowed, 
 
 I be granted. 
 
as 
 
 116 
 
 After convHtion, the Court before whicli the triarion tlie gjround that 
 takrs place MAY, — durintif the sittini; or afterwards, — | tlie VERDICT was 
 (ilVE LEAVE to the {)crsoii convicted To Al'l'l.Y to the I AfiAlNSTthe weight 
 Court of Appial for u nkav trial, J of evidence. 
 
 and 
 
 The Court of Appeal MAY, — on hearing such) direct a XEW trial, if it 
 niotioti, — ' .1 thinks fit. 
 
 In tlie case of a trial before a Court of) such leave n" y be given during or 
 (jeneral or Quarter Sessions, j at the end of the Session. 
 
 <£ 'o yj [Upon a convict's application for mercy, 
 
 es ^ a; y i, 
 
 
 ^ ^-5; -J -p j the Minister of Justice, — ) C after such encmiry ") direct a 
 
 ^, !§ = 5 1 ^^ '^® entertains a doubt ,' MAY, < as he thinks prop- > new 
 S ~ I about the conviction, — ) (. er, ) TRIAL. 
 
 No sentence, — except DEATH ) shall be sl'.sI'ENDED ( unless the Court e.\press- 
 or willi'l'lNG, — j by an Appeal, ( ly so directs. 
 
 In DIRECTING a new I the Court of Appeal may order the accused to be 
 
 I a- 
 
 o 
 
 (X 
 
 CZ3 
 
 II. 
 
 TiUAL, 3 admitted to kail. 
 
 An Appeal lies, to the") against the affirmance of a f unless the Court of 
 Supreme Court of >• conviction by the Court-] Appeal's affirmance 
 Canada, j of Appeal, (. is unanimous. 
 
 Written notice of the appeal to the Supreme ") within 15 days after the 
 Court MUST be served on the Attorney Ge- [• Court of Appeal's affirm- 
 neral ) auce ; 
 
 and 
 
 the appeal MUST be brought on for hearing for the appeal shall be held to 
 
 at the session of the Supreme Court during I have been abandoned, unless 
 
 which the affirmance takes place or at thej otherwise ordered by the 
 
 session next thereafter if the Court is not Supreme Court or a judge 
 
 \ then in session, [ thereof. 
 
 The judgment of the Supreme Court is final. 
 
 In criminal cases there is NO APi'EAL to the Privy Council. 
 
 Part lilll.—Special Provisions. — (Secs. 752 to 761). 
 
 If any prosecution for an indictable the Court, — upon the defendant's appli- 
 offence instituted by the Attorney cation, of which 20 days notice 
 General for Ontario is not i shall be given to the Attorney Gene- 
 brought to trial within 12 ral, — may make an ORDER authorizing 
 MONTHS after a plea of NOT the defendant TO bring on the 
 GUILTY thereto, ; trial; 
 
 and 
 
 thereupon, the defendant may bring on such ) unless a nolle prosequi is 
 trial, j entered. 
 
 For other special provisions as to ONTARIO and as") see sees. 754 to 758 and 
 to Nova Scotia, j secs. 760 and 761. 
 
316 
 
 Part IjIV. — Speedy Trials of Indictable Offe7ices.~(SEC». 762 to 781). 
 
 The provisions of this Fart do not apply to the North West Territouies 
 or the District of Keewatin. 
 
 . / f '"'v Ji:d(;e of a County or District Court, JixioR Judge or 
 
 .£ In OxTAUio, } Deputy Juixje autliorised to act as Chairman at the Gene- 
 ( ral Sessions of the Peace ; 
 
 a 
 c 
 
 S i ^. 
 
 
 o 
 a 
 
 C w 
 
 
 s 
 
 /a Judge ot ) • t\- ^ • t- ^ n 
 
 ,, y in a District where there is one : 
 
 Sessions, j 
 
 „ >■ in a District where there is no judoe cf Sessions ; and 
 
 jrlSi RAi E, J 
 
 a District 
 
 M AGIST 
 
 the Sheriff 
 
 ■{ 
 
 in a District where tliere is no Judge of Sessions nor 
 District Matristrate ; 
 
 in Nova Scotia, New Brunswick and Prince Edward ("any Judge of a 
 Island, \ County Court; 
 
 in Manitoba 
 
 CO 
 
 <I> 
 
 u 
 
 a. 
 
 o 
 xi !in British ( tlie Chief Justice or a puisne judge of the| Court. 
 
 f tiie c 
 
 ' j Co 
 
 /ourt of Queen's Bench, 
 
 tiie CHIEF justice or a puisne judge of the 
 
 British ( 
 ^ 'CcLUMRiA, ( Supreme Court, 
 
 I or any Judge 
 of a County 
 
 i| 
 
 'Tlie Judge sitting in any trial) 
 
 o '-: 
 
 B 9' 
 o ^ 
 
 under this Part 
 and. 
 
 J 
 
 is a Court of Record, 
 
 in every province,! such Court is called " The County Court Judge's 
 except QuerecJ C'mminal Court." 
 
 M . [Every person committed to gaol 
 5 H^ for TRIAL for any of the offences 
 ^ ~ ' mentioned, in sec. 539, as heing 
 within the jurisdiction of the 
 General or Quarter Sessions, 
 
 \cith his own 
 
 ■may, 
 
 be tried OUT of 
 
 consent and SesskA's and out 
 
 subject tol of the regular 
 
 the prov'i- term or sitting of 
 
 ^ sions herein,] the Court. 
 
 ^ [Within 24 hours after] every sheriff shall notify 
 « I any person charged as [ the Judge in writing 
 
 c 
 
 'whereupon such Judge 
 shall cause the pri- 
 soner to be brought 
 before him. 
 
 c I aforesaid is committed j that such person is so 
 ^ \ CO gaol for trial, J confined, 
 
 rp, J J , ]| [(a) that he is charged with the offence, describing it, 
 
 state ''to the^' (^^ ^''^^^ ^^*^ ^'^^ ^^^ option to be forthwith tried before such 
 accused | J^^^^S^j without a jury, or to be tried in the ordinary 
 
 I way : 
 
 TiF HE consents to be tried bv the Judge, the 
 but. 
 
 
 S5 
 
 o J 
 Pi 
 
 2. If the prisoner 1 
 
 DEMANDS a TRIAL [, , J charge is preferred, and IF, on being arraigned, 
 
 RY jury, he isj "'I the PRI.SONER PLEADS GUILTY, the Judge passes 
 
 REMANDED ; j \ sentence. 
 
o 
 
 O 
 
 117 
 
 If under Part LV, (post), O" Part LVI, f the Sheriff ami Judf^e shall not be 
 (post), any person has elected trial ■< required to take the above pro- 
 ^'y jury, C ceedings ; 
 
 but, 
 
 it" such person, after his said election, fxoTiFY the sherift" that he desires to 
 is committed for trial, he may, — j RE-ELECT, whereupon he sliall be 
 before the sitting's of tlie Court at ' proceeded against, as above, as if 
 which such trial by jury would take j his first election had not been 
 
 place, — (^ mad 
 
 e. 
 
 flf, on being f the prisoner pleads (the Judge shall appoint an early day or 
 f, "C, I arraigned ( NOT guilty, I the same day for his trial, 
 
 ^ S i and 
 
 V 
 
 the Jl'DGE may proceed to TRV HIM. 
 
 o 
 
 •-5 
 O ■{ 
 
 Ed 
 
 The prosecuting officer may, witli the consent of [although such charge does 
 the Judge, prefer against the prisoner a charge i not appear in the depo- 
 for any offence triable under this Part other -! sitions on which the 
 than the charge for which he was committed I p r i s o n e r was com- 
 to ga« il fur trial, (^ mitted. 
 
 'The Judge has, — as to acquitting or con-^ j i»fiy render any verdict 
 
 victinii', or convicting^ of any other offence , which mav be render- 
 
 than that charged, — the same powers as j | e<l upon a trial by 
 
 a jury, J [ Jury. 
 
 1 he Judge may adjourn any trial, from time r ,., ,. ,, , . , , 
 ,,-='•'•' ^ - until hnally ternnnated. 
 
 to tune, ( "^ 
 
 The Judge shall have all the/which any Court mentioned in this Part would 
 powers of amendment, \ have if the trial were before such Court. 
 
 
 Every prosecutor and every") must be given 48 hours notice in writing 
 WITNESS, bound over on a >■ to appear at the trial before the Judge 
 committal for trial, ) under this part. 
 
 As to attendance of witnesses and as to summoning, "\ v^rv i 
 
 ,• 1 i. • • 1 • u- i.1 e \ see sees. /80 and 
 
 arresting, detaining and punishing them tor con- v „m 
 
 tempt, etc., ) 
 
118 
 
 Part LV Summary Trial of Indictable Offences.— (Sr.c3. 782 to S08). 
 
 ^ ;(i) in the provin-lany Rec()KI>er, Judge of a County Couut, 
 53 1 ces of Onta- I lifing a .Justice of the Peace, CoMMls-* 
 UIO, QUEHEC& j' .SKJNEU of Police, JuDCE of SESSIONS of 
 
 MANIT015A j the Peace, Police Mauistuatk, 
 
 s 
 a 
 
 (ii) in the pntvinceslany Recorder, Judge of a County 
 of Nova Scotia' Coiitr, Stu'endiarv Magistrate or' 
 aiul New Bruns- I Police Magistrate, Commissioneu 
 wick, ! of Police, V 
 
 
 (iii) in the provinces of Prince Edward \ any two .hstices 
 Island and British Columria and in '- of tlio peace sit- 
 the District of Keewatin I 
 
 peace 
 tinor toirether. 
 
 c 
 
 'w 
 en 
 
 a. 
 
 M 
 <s 
 
 ce 
 
 V. 
 
 IS 
 
 (iv) in the North") any Judge of the Supreme Colut of the 
 West Territo- [• Territorit s or any two justices of 
 ) the peace sitting together. 
 
 RIES 
 
 (v) in all 
 
 VINCES, 
 
 and any func- 
 tionary or 
 TRIHUN AL 
 having the 
 powers of 
 twoJustices 
 of tile Pea- 
 ce ; 
 
 I wliere the defendant is charged with [any 
 
 with /"any two jus- 
 the PRO- 1 any of the offences mentioned in | tices of the 
 paragraphs (a) and (f) ofsec. 7S8l peace sitting 
 (post), [ togetlier ; 
 
 provided that when any offence is tried by virtue of subsection v, an appeal 
 shall lie from a conviction in the same manner as from summary convic- 
 tions und.r Part L.\lll,(pud). (') 
 
 < 
 is 
 
 H 
 K 
 
 / oT (a), with committing THEFT, or obtaining^ . , , u • 
 
 1 money or property by false pretences T"^ ''^^"^ f.'"^ 
 _3 *; ,.' ,, ' ''_ -^ ^ '- not more than 
 
 -k9 
 
 m 
 
 'So 
 
 p 
 S 
 
 , <^ 
 
 or unlawfully RECErv'iNG stolen prop- [ JJ"^ '"°-"*^ ^^^^^^ 
 
 ERTY, j " ' 
 
 or 
 
 ^ (b), with having attempted to commit THEFT, 
 
 or 
 
 Z R 
 
 H \ O 
 
 ^ .2 
 
 Ed 
 C 
 
 PC 
 
 c 
 
 E- 
 
 K 
 
 fc. 
 t. 
 
 , . -^11 • 1 by unlawfully and maliciously in, 
 
 (c), with having com- ''m- ,• •< i j-i / ! 
 
 ^ '^' tiictintf fifnevous bodily harm 
 
 AG- - ., , " ^ •. 1 . ■ 
 
 / 
 
 mitted and 
 gravatedassaui. 
 
 -J 
 
 with or without 
 wounding, 
 
 a weapon, 
 
 i 
 
 o 
 
 or 
 
 u 
 > 
 
 * 5 
 
 (d), with having' 
 committed an 
 assault upon any 
 female, whom- 
 soever, or upon 
 any male child 
 not over l^, 
 
 such assault beinsf of a nature which 
 
 cannot, in the Magistrates opinion, be 
 sufficiently punished by a summary 
 conviction under any other Part of 
 this Act, and being such, if upon a 
 f'-male, as does not amount to an. 
 assault ivith intent to commit rape,! 
 
 h e Magis- 
 trate may, 
 subject to 
 the provi- 
 sions here- 
 i n a f t 6 r 
 made, HEAR 
 and deter- 
 mine the 
 charge in a 
 
 SUMMARY 
 WAY. 
 
 (') This subsection (v) is added by the 58-59 Vic, c. 40. 
 
119 
 
 or 
 
 H 
 Pi 
 < 
 Cl, 
 
 5 
 
 
 fee 
 
 ■a 
 
 c IS, 
 I. > 
 
 y. 
 
 C 
 
 (o) with liavinfj^ ASsai'LTEO, ••u-l in tho lawful perforrnan- 
 STKUCTEI), MOLESTED or HIND- 1_ ce of his duty, or witli 
 ERED any PEACE OFFICER or I intent to prevent the 
 
 i PUHEIC OFFICER, 
 
 performance thereof, 
 
 or 
 
 (f) with KEEPlXf} or being f of any disorderly house 
 an IN'.MATE or HAHITUAL ■< house of ill-fume or bawdy 
 FUEiiUEXTER, (. hoUSe, 
 
 fee 
 
 Q Is 
 
 or 
 
 (g) with usiNfj or 
 knowingly allow- 
 ing any part of 
 any premises un- 
 der his control to 
 be used, 
 
 or 
 
 (i) for RECORDING or registering any 
 
 RETor\VA(;ER,orSEf.LIN(JAXy POOL.or 
 il) KEEPIXG, exhibiting or employing 
 or knowingly allowing to be kept,/ 
 exhibited or employed any device/ 
 or APPARATUS for RECoiiDiXG or re 
 gir-itering any RET or WAGER or SEL 
 LING AXV POOL, 
 
 the Magistrate 
 may, sub- 
 ject to the 
 provisions 
 herein after 
 made, HEAR 
 and DETER 
 MIXE the 
 charge in a 
 SUMMARY 
 WAY. 
 
 (h) with becoming the CUS- 
 TODIAN or depositary 
 
 or 
 
 of any MONEY, etc., staked, 
 
 WAGERFD or PLEDGED, 
 
 (i) with RECORDING or registering any BET or wager or 
 SELLING ANY POOL On the result of any political or 
 MUXICIPAL KLECTiox or of any race or of any contest 
 or trial of skill or endurance of man or beast, 
 
 c3 
 
 u 
 
 'be 
 
 -4J 
 
 
 In the case of a person charged with > the jurisdiction of the Magistrate is 
 keeping or heing an inmate or ha- | absolute, and does not depend on 
 bitual frequenter of any disord- > such person's consent, nor shall 
 ERLY HOUSE, HOUSE of ILL-FAME or j sucli person be askeil whether he 
 
 bawdy house. 
 
 consents. 
 
 Where A seafaring persox, — only transiently in Ca-' 
 
 nada and having no permanent <lomicil therein, — is 
 
 charged, in the City of Quebec or of Montreal, or 
 
 in ati}^ other seaport, city or Towx in Canada, 
 
 where there is such Magistrate, with the comuiis- 
 
 sion therein of any of the offences hereinbefore 
 
 mentioned, , 
 
 and 
 
 in the case of any other person charged with an\' such 
 offence by any such seafarixg persox whose evi- 
 dence is essential to its proof, 
 
 the jurisdiction of the 
 Magistrate is ABSO- 
 LUTE, and does not 
 depend on the accu- 
 sed's consent to be 
 tried by the Magis- 
 trate, nor shall such 
 accused V)e asked 
 w nether he consents. 
 
 In Prince Edward Island and "^ the jurisdiction of the Magistrate under 
 British Columbia and in the \ this Part is absolute, without the ac- 
 District of Keewatin, ) cused's consent. 
 
120 
 
 2*1 
 
 5 I If, IX Ontario, 
 
 H j any person 
 
 6) 
 
 fis CHARGKI), hefore a Polick Macis-^ 
 
 TRATK or a StII'ENIHAUV -M A(ilSYUATK, 
 with having counnitted any offence 
 for wliich he may Ije tried at the 
 Courtof General Sessions of tlie Peace, 
 
 or 
 
 is COMMITTED to cruo], by any Justice of 
 the Peace, FOR trial for any such 
 offence, 
 
 such person may, 
 witli hisonn) con- 
 xf'itt, he tried he- 
 fore such Macris- 
 trate. 
 
 S 
 
 < 
 
 ^/Whenever a Magistrate proposes to dispose of a case summarily under 
 this Part, 
 
 'state to the accused the SUBSTANCE of the 
 charge, and, (\i it is not one triable suui- 
 marily without the accused's consent), he 
 shall, then, say to him. " Do you consent 
 that the charge against you shall be tried 
 by me, or do you desire that it shall be 
 sent for trial by a Jury at the {naming the 
 Court at xcliidt it can prohahhj he tried) " 
 
 he SHALL, — before the formal 
 examination of the prosecu- 
 tion witnesses and before 
 calling on the accused for 
 any statement which he 
 wishes to make, — 
 
 and 
 
 if the accused consents to summary trial, Uhe Magistrate shall reduce the 
 or if the power of the Magistrate to I charge to writing, read it to the 
 try him does not depend on his con- j accused, and then ask him if he 
 sent, J is guilty or not. 
 
 I 
 
 If the accused confesses) ,, \t ■ • . . i- 
 
 .1 1 , the Magistrate passes sentence upon him, 
 
 but, 
 
 if he savs that he is notI . , ,, • , . ,. „ ,, 
 \ " -the Magistrate tries the case summarily. 
 
 \ guilty, j * 
 
 /If the Magistrate finds the charge proved, he convicts the accused, 
 
 and 
 
 111 
 
 the case of an offence under ~| HE MAY commit him to gaol, with or with- 
 paragraph (a) or (b) of sec- [■ out hard laljor, for any term not exceed- 
 tion 783 (ante), (') 
 
 ing 6 months. 
 
 < 
 
 and 
 
 ^ HE MAY commit HIM to gaol, with or without hard 
 
 H 
 
 m 
 
 so 
 
 ^ /in any case summarily labor for any term not exceeding (5 months, or 
 tried under paragraph ^HE may condemn him to a tine, not exceeding, with 
 
 (c), (d), (e), (f), (g), (h), I costs, $100, or to both fine and imprisonment 
 
 or (i), of sec. 783, (^) and to a further iniprisonment not exceeding 6 
 
 ; months unit- ss such fine is sooner paid. 
 
 (') For these pars, (a) and (b), see p. 118, ante. 
 (*) For these pars, (c) to (i), see pp. 118, 119, ante. 
 
121 
 
 the Miifjistratf. — if the c.isoiippoars.to him, 
 one which may hr ilisposfil of siiiiiina- 
 rily atid lu' aih'(|iiatt'ly pni)i.sht'<l under 
 thi-s Part.— may, if the accused is not a 
 juTson who can l)e tried suniniarily 
 without his consent, proceed sunmiariiy, 
 with his consent, as a'love <lirected. 
 
 When, in a case of TllEKT or' 
 
 OHTAIXING property nv kai.sk 
 
 I'UKTKNCES, or of havinrj un- 
 
 hiwfully ItECEIVKI) SI'()I,E\ 
 
 l'l{()l'ERTY, the vahie of the 
 
 _ property exceeds SIO, and 
 
 5 I \ tlie evidence is sutticient to 
 
 ^o / put the accused on trial, 
 
 «^' 
 
 E- ii )If sucli accused cop- [the \Ia<;istrate shall cause such plea to lie entered 
 
 S^ sents to he tried! and sentence the accused to the same punishment 
 
 ^ ^ / summarily, andl as he would have been liable to if convicted upon 
 
 «« pleads guilty, [ indictment in the ordinary way ; 
 
 g but 
 
 ^ if the accused says tliat he is) the Magi-trate shall proceed hummahily as 
 > NOT GUILTY, j directed above. 
 
 If, in any proceeding under this Part, the] he may,before the accusodhas made 
 Magistrate thinks the offence ought to. his defence, decide not to adjl'DI- 
 be prosecuted by indictment, j cate scmmauiia' up(m it. 
 
 « — 
 
 If, when his consent is neces- ^ the Magistrate shal 
 
 sary, the accu.sed ELECT.s to r nary enquiry, as provided in Parts 
 
 L HOLD a PHELIMI- 
 ^ NARY ENQUIRY, as 
 
 be tried hefoue a JURY, 3 XLIV and XLV, {ante) ; 
 
 and, 
 
 if the accused is com- f the warrant of committal shall state the fact of 
 mitted for trial, \ such election having been made. 
 
 In a summary") the accused shall be allowed FULL answer and DEFENCE 
 CASE under this [■ and to have all witnesses examined and cross ex- 
 Part, ) amined by counsel or solicitor. 
 
 Every Court held by a Magistrate under) shall be an OPEN public 
 this Pcirt ' J Court. 
 
 ^ '^ iwn ii nf "l he shall dismiss the charge, 
 
 -g ^ Whenever the Ma- " 
 
 :c = J gistrate tindsj and 
 
 ■-^.22 I the offence XOT I , i i i r i. ..i i L-a t. c 
 
 S -c hnake out and deliver, to tlie accused, a certificate oi 
 
 ^ ^ V . ' j such dismissal. 
 
 Every coxviCTlox ") has the same effect as a conviction upon indictment 
 
 H 
 
 ( 
 
 O 
 
 ^ 
 
 •a 
 
 %-* 
 
 H 
 
 '^ 
 
 b 
 
 ■—' 
 
 U 
 
 y . 
 
 Q 
 
 ^ 1 
 
 , ■^ 
 
 5?: 
 
 
 u 
 
 ^ 
 
 
 t> 
 
 ^ 
 
 fa 
 
 W 
 
 } 
 
 under this Part f for the same offence. 
 
 ^. [Every ^ obtains a certificate of dis-~) shall be released from all further 
 5 J person' missal, or [■ or other criminal proceedings, 
 
 ^ [ who J IS CONVICTED Under this Part, ) for the same cause. 
 
 -1.3 
 
 « 
 
 o 
 
 St- 
 
 a> 
 
 Q 
 
 -3 
 B 
 
 o 
 fa 
 
 No CONVICTION, sentence or proceeding ) shall be quashed, for want of 
 under this Part, j form, 
 
 and 
 
 NO warrant of COMMITMENT") if it alleges that the offender has been con- 
 shall be held void, for any >- victed, and there is a good and valid con- 
 DEFECT therein, j viction to sustain it. 
 
 i 
 
122 
 
 ,• j^; rriie Ma<;istriite, by whom an [may ortler UKSTITUTIOn of the property 
 B iZ ~ \ '^fciisod \ui<. l»(.('n convicted. stolen or taken or obtaineil by false 
 ^ H =" [ umler this Part, I pretences. 
 
 Nothing in this Part shall affect the provisions of Part LVI, (post) ; 
 
 and • 
 
 this Part shall not extisml to I'EilsoN's punishable un<ler tliat Part, so far as 
 re<^rtrds offences for which such persons may bo punished thereunder. 
 
 Part LVI. — 'Trial of JuvenUe i/ffendem for Indictable Offences. — 
 
 (Secs. 809 to 831). 
 
 s 
 
 / 
 
 o 
 
 • 
 
 a 
 
 w' 
 
 § 
 
 a 
 TS 
 ^ 
 
 o 
 
 "3 
 
 ^ 
 
 a 
 
 -& 
 
 • wm 
 
 
 •H 
 
 
 
 c 
 
 « 
 
 o 
 
 U i 
 
 • F4 
 
 
 s 
 
 50 
 
 
 r\ • n • ^vny Jimkje of the CorxTY CotJiiT, beinsr a Justice 
 
 (ij in tlie provinces •',.., 
 
 ^ 1 ot til 
 
 of ON'rAiiio and , 
 
 MaMT<)J!A, 
 
 (ii) in tlie province 
 of QrEHEC 
 
 
 
 O 
 
 5 
 
 JZ 
 
 ^ 
 
 ■4^ 
 
 o 
 
 
 
 -*s 
 
 
 U 
 
 09 
 
 a 
 
 OJ 
 
 0^ 
 
 _« 
 
 
 '-S 
 
 CO 
 
 CO 
 
 'W^ 
 
 
 
 C 
 
 
 1— 1 
 
 \ 
 
 111" Peace, Por.ICE MAOiSlKArE or Sril'ENDIAllV 
 
 .MA(ii.sTi{AT;;, or any two Justices of the Peace 
 acting within their respective jurisdictions ; 
 
 [any two or more Justices of the Peace, tlie Sheiukf 
 of any district, .'xecpt Mo itrcal and Quebec, the 
 
 I Dkim-'iv-Shkuiif (»f GasiT':, .uid any Kecordeu, 
 Judge of the Session's of the Peace, Police 
 
 MA(iISTRATE, Dl.STllKT ^IaOISTKATE or STIPEVDIAUY 
 
 Magistkate, within their resjiective jurisdictions ; 
 
 (iii) in the provinces of Nova-Scotia, New- any functionary or TRI- 
 Brunswick, Prince Edward Island and | hun'al having the powers 
 Bi-itish Columbia, ami in the District of i of two Justices of the 
 Keewatin, [ Peace ; 
 
 (\v) in tlie North-. 
 West Territories 
 
 'any Judge of the Supreme Court of the Territories, 
 any two Justices of the Peace sitting together, and 
 any functionary or tribunal having the powers of 
 two Justices of the Peace. 
 
 fc, ^. /'Every person Tand whose age TsHALL.upon conviction 
 ■-^ 5 i cliarged with I at the time of j or more Justices of 
 
 S r iJ 
 
 . THEFT 
 ■ ATTEMPT 
 
 i^ steal, 
 
 o r ' the offence-' 
 to I does not ex- j 
 i ceed 16, 
 
 V 
 
 thereof before two 
 tlie Peace, be im- 
 prisoned, with or without hard labor 
 for a term not exceeding 3 months, or 
 be fined not more than $20. 
 
 o 
 w 
 
 o 
 
 ^: 
 
 c 
 
 The Justice, proceeding under this Part, befoi-e asking the accused whether 
 
 he has any cause to shew why be should not be convicted, shall say to 
 
 him, 
 " We shall hear what you wish to say in answer to the charge against j'ou ; 
 
 but, if you vvish to be tried by a Jury, you must object, now, to our 
 
 deciding upon it at once ;" 
 
 and, 
 
 if such person or a parent r no further proceedings shall be had under 
 or guardian of such per- < this Part, but the Justices may proceed 
 son then objects, ( according to Parts XLiv and XLV {(inte). 
 
123 
 
 ■*3 
 
 c 
 
 -a 
 a 
 
 s 
 
 c 
 
 
 ^IF tho Justices ooiisidor, licl'ore the uccnst'd 
 imikis his defencf, that the climjje <)Hj,'ht 
 to he prosecuted by indictment, 
 
 the Justices i-hall not <leal with 
 it suninuuily, hut niny pro- 
 of '■ ceed to liold a prehininary 
 
 tiuiuirv as provided in Farts 
 XLIV and XL\'J<n>(e). 
 
 if the accused, on beinjLj calh»d to answer the 
 cliarf^e, objects to its being summarily 
 dealt with und. r this Part, 
 
 len the accused \ i.\ l- l c \ ^ t.-^ i 
 , , .11 / the tact or such election si 
 'lects a trial by ^ ,. . . 
 
 , "^ I or comnutment. 
 
 lury, ) 
 
 When the accused -| ^^^^ j.^^^. ^^ ^^^^^^ election shall be stated in the warrant 
 
 el 
 
 
 It'the Justices, on the hearinor of the | they shall dismiss the accused, — in the 
 case, deem the otienee not proved, | latter case, on his producing; sureties 
 or that it is not expedient to in- ' for his future good behaviour, and, in 
 tlict any punishment, j the former case, without sureties, 
 
 and, 
 
 tlien, make out and deliver to the accused a certificate of such dismissal 
 
 No conviction shall be QUASHED] . f be removed by certiorari or other- 
 for WANT of FORM, j *^^ I wise into any Court of Record ; 
 
 and 
 
 NO WARRANT OF COMMITMENT shall "\ if it alleges that the person has been con- 
 be held VOID, for 'any defect [■ victed, and there is a gooi' and valid 
 therein, ) conviction to sustain it 
 
 !Vr^ ( '^'h° OBTAINS such CERTIFI- f shall be RELEASED from all further 
 v^iy ^ CATE of DISMISSAL, or is so } or other criminal proceedings 
 ' ' ( convicted, (. for the same cause. 
 
 Whenever any person is C the presiding Justice may order restitution of 
 adjudged guilty, under -, the property in respect of which the offence 
 this Part, ( was committed. 
 
 If the property is C the Justices may order payment, to the true owner, 
 not then forth- -j by the person convicted, of the value, either at one 
 coming, (. time or by instalments. 
 
 The provisions of "l punishable by im- [committed in the provinces of Prin< 
 this Part shall I prisonment for I Edward Island or British C 
 
 m 
 o 
 
 s 
 o 
 
 
 vCE 
 
 Co- 
 NOTapply toany j 2 years and up-"j LUMBIA or in the District of 
 otienee, J wards. '\^ Keewatin, 
 
 , c [The provisions of this Part shall not authorize two or more Justices 
 ^ 5 - of the Peace to sentence offenders to imprisonment in a reformatory 
 h[ in Ontario. 
 
 Nothing in I'the summary conviction .^for any offence for which he is liable 
 this Part) of any per on before] to be so convicted under uny other 
 SHALL pre- one or more Justices of j Part of this Act or under any 
 vent [ the Peace [ other Act. 
 
124 
 
 Part LVII. — Costs and Pecuniary Compensation. — Restitution of Property. 
 
 (Secs. 832 to 838). 
 
 H 
 »: 
 
 C 
 
 Any Court which 
 and 
 
 ^ 
 
 any Judge, undei' Part Liv, j 
 or any MAGISTRATE under ' 
 Part LV, who J 
 
 and 
 
 CONVICTS any per- 
 son of treason or 
 of any other in- 
 dictable ofi'ence, 
 
 may, in .addition to any 
 other sentence COXDEMN 
 such person to pay the 
 
 COSTS an(3 EXPENSES of 
 
 the prosecution, 
 
 may order the payment thereof to he made out of any ) (if such moneys are 
 moneys taken from such person on his apprehension, I his oivn). 
 
 X i a) 
 ■*^ ^ r. 
 
 tK .— ^ 
 
 r-i —' O 
 
 In a case of defam- ^le shall be entitled to re- i^^either by WARRANT 
 I atory LIBEL, if judg-' cover, f rom the prosecu- 1 of distress, or 
 i nient is given for the i tor, the costs incurred bv i by action as for an 
 ^^ defendant, \^ him in the case, \ ordinar}^ debt. 
 
 If a person convicted on .''he shall be liable, unless the costs are sooner paid 
 a n indictment for! to 3 months imprisonment, in addition to any 
 assault is ordered to j other imprisonment to which he is sentenced for 
 pay costs, \ the offence. 
 
 c 
 
 Any costs ordered to be paid by a Court pursuant to fif there is no taritf of 
 the foregoing provisions shall be taxed according I fees provided with 
 to the lowest scale of fees of such Court in a civil i respect to criminal 
 
 suit. 
 
 proceedings. 
 
 If such Court has no f the fees shall be those allowed in civil suits in a Supe- 
 civil jurisdiction, [ rior Court of the province, according to the lowest scale. 
 
 C 
 
 H 
 ■< 
 
 z\ 
 
 g 1 
 
 On the trial of any indictment, 
 a Court may, on the applica- 
 tion of any person aggrieved, 
 and immediately after the ' 
 conviction of the offender, 
 A w A R d not more than 
 81000, 
 
 by wav of COM- ,' , 
 
 PENSATION for ' 
 
 any loss of pro- 
 perty suffered^ 
 by the applicant 
 through the 
 offence, 
 
 the amount awarded 
 shall be deemed a judg- 
 ment debt due to the 
 person entitled to receive 
 the same from the person 
 convicted. 
 
 When any person has been convicted, — 
 sumiaarily or otherwise, — of any theft or 
 other offence including the stealing or un- 
 iP I lawfully obtaining any property, and 
 
 IT appears, to the Court, by the evidence, 
 that the prisoner sold such property or any 
 part of it to any per.son who di'l not know 
 it was stolen or unlawfully obtained, and 
 that money was taken from the prisoner 
 on his apprehension, 
 
 the Court may, on the appli- 
 cation of such purchaser, 
 and on restitution ol the 
 property to its owner, order 
 that out of the money so 
 taken from the prisoner, {if 
 it is his), a sum not ex- 
 ceeding the proceeds of 
 sale be delivered to such 
 purchaser. 
 
125 
 
 o 
 
 Cm 
 
 O 
 
 If any person, guilty of any INDICTABLE OFFEXCE in j the PROPERTY shall 
 stealing or knowin<ijly receiving any property, is con- 1 he restored to 
 victod thereof, ON INDICTMENI, or ON TRIAL before ai the owner or his 
 
 Judge or Jl-stice, 
 
 The Court or Tribunal 
 may, if it sees tit, award 
 restitution of the pro- 
 perty taken from the 
 prosecutor or any pro- 
 secution witness b y 
 such offence, 
 
 although the 
 person i n - 
 dieted is 
 NOT con- 
 victed, 
 
 j representative. 
 
 if the Jury declaije, or if, — in 
 case the offender is tried without 
 a jury, — it is provei» that such 
 property lJELON(is to such pro- 
 secutor or witness and that he 
 was unlawfully ileprived of it 
 by such offence. 
 
 13. Tf, before any award or order is made, 
 
 'has been bona fide paid or discharged by, 
 any person liable to the payment thereof. 
 
 i t appears 
 that any 
 VALUAI5LE 
 SECURITY 
 
 or, 
 
 P3 
 
 being a vegoc'iahle ivntruvient, has been &o?irt [the Court or Tri- 
 jide TAKEN or received, by transfer or de-f bunal shall 
 livery, by any person, for just and valuable 
 consideration, without notice or reasonable 
 cause to suspect that the same had, by any 
 indictable offence, been stolen, 
 
 or 
 
 if it appears that the property has 
 been transferred for value to an 
 innocent purchaser. 
 
 not award or 
 order restitu- 
 tion of such se- 
 curity or pro- 
 perty, 
 
 icko has acq aired j 
 a lawful title' 
 
 thereto, 
 
 4. Nothinor in 
 this section - 
 
 shall 
 
 applyj 
 
 [ to the case of any prosecution of any trustee, j'for any indicta- 
 banker, merchant, attorney, factor, broker! ble offence un- 
 or other agent entrusted with goods orj der sections 320 
 documents of title to goods, \ or 363, (ante). 
 
 Part IjVIII.— Summary Convictions. — (Secs. 839 to 909.) 
 'means a Justice of the Peace, 
 
 In this Part 
 the expres- 
 sion '■ Jus-<! ^ 
 TICE " 
 
 a< 
 
 'two or MORE Justices, — if two or more Justices act or 
 have jurisdiction, — 
 
 and also 
 
 a Police Magistrate or Stipendiary Magistrate, and 
 any person having the authority of two or more Justices 
 of the Peace. 
 
 u 
 
 <s 
 
 Co 
 
 •C.2 
 
 cc 
 O 
 
 Subject to any spe- 
 cial provision other- 
 wise enacted with 
 respect to such of-< 
 fence, act or matter, 
 this Part applies 
 to 
 
 (a) Every case of an offence or act over which 
 the Parliament of Canada has legislative au- 
 thority, and for which the accused is liable, on 
 summary conviction, to impi'isonment or other 
 punishment ; 
 
 (b) Every case of a complainy as to any matter 
 over which the Parliament of Canada has le- 
 gislative authority and as to which a Justice 
 can, by law, make an order for payment of 
 
 . monev or otherwise. 
 
126 
 
 y {\\\ tlic Cfiso of )iiiy offfiicc 
 puiuslial)lc suiiiniurily, 
 it' no tiim; is sprciiillv 
 limited in tb.e Act or 
 law relatint; to tin- par- 
 ticular case, 
 
 TfFK roMi'LAiNT sliall li.-l witliin G MONTHS from 
 MADK, or I \vli''n till- intittcr of 
 
 THK IM'OKMATION sliall be I "oiiiplaint or int'orm- 
 I.AlD J at ion arose ; 
 
 KXCKp'i' in the Xortli West '!'< rritorifs, where the 
 IJ.MITATIOX is 12 MONI'HS. 
 
 c 
 o ■ 
 
 Every complaint ami information shall he tried and ) as directed hy the Act 
 / a<ljndi,^'d hy oNi; JIstk'I:, or two oi- MoKE JUSTICES, )' or law relatini( thereto. 
 
 2. If there is no I it may he tried und adjudgeil hy any oN'K .M'stite for ihj 
 siieh direction ) territorial division where the matter ai'os •. 
 
 '.\. Any ONK .if.siTCE may ke<kivi: the INKOHMATIox ) even if thf casi- must 
 or coMi'LAlNT and ^^^lant a snmmons or warrant [• be tried ly two or 
 thereon, and d(j other I'KKI.IMi.VAKV MA'lTElis, j more justices. 
 
 4. After a case has been ) one jl'stice mav issue all WAIiUANTs of distress 
 ' determined, j or connnitment ther(;on. 
 
 K jo. The justice, wlio acts before) NEED \(rr be the justice or one of the justices 
 K I or after th(,' hearinj,', j by whom the case is tried. 
 
 G. If an Act or law re(|uires 
 
 A CASE to be TlilEl) or A ■) by two or ( SUCH JUSTICES shall Ite present and acting 
 CONVICTION or onlei' \ more \ TofiETHEH durinif the WHOLE HEAKING 
 to be .MADE J JUSTICES, (_ and determination of the case. 
 
 Ko JUSTICE shall Tin' any Tas to tlie TITLE TO or INTEREST IN any lands, 
 se of ASSAUl/ror liATTEKv) etc., or AS To any UANKilUi'Try or INSOL- 
 
 in which any question j VENCV, or any EXECUTION under the process 
 
 arises I of any Court of lustice. 
 
 case 
 
 /A coMi'LAiNT upon which a Justice may make") unless re(|uired by Home par- 
 an oilier for payment C)f money or otherwise ,- ticular Act or law upon 
 NEE!) NOT lie IN WRITING, ) which it is founded. 
 
 v. 
 
 O 
 
 o 
 
 t3 
 
 C 
 c 
 
 y. 
 
 law to make an order, 
 and 
 
 2. Every coMi'LAiNT upon which a justice is authorised by [may be made of 
 
 had wniiouT 
 any oath or 
 atHrmation of 
 
 every IXFOrmatio.n for any oft'euce or act punishable on tlit^ truth the- 
 -' summary conviction I reof, 
 
 '\ 
 
 II 
 
 UNLESS it is herein or by some particular Act or law otherwise pnn'ided. 
 
 '.I livL-ry co.Mi'LAlNT shall be for ONE) __ f every inkor.mation shall be for 
 MA'iTER(jf complaint only and NOT for >■ 5 - one offence only and NOT 
 tw«j or more matters of complaint, ) ~ v for mon; than one offence. 
 
 and 
 
 • a co.mplaint or inform.vtion may | personally or by counsel, attorney, or 
 ' be made or laid 
 
 authorised agent. 
 
 I 
 
127 
 
 ■s. 
 
 y. 
 
 o 
 
 H 
 
 No IX FORMATION', 
 < OMI'I.AINT, WAU- 
 l{AN'l',<;oXVI(TI()N, 
 or otluM' proc>'(Ml- 
 inf is olijcctioii- 
 abk' o r insutii- 
 ,;ent on the 
 ;ii-(jnn<l, 
 
 (fi) thdtit DOKS NOT NAME tlu' PERSON iiijiiroil or intruded 
 
 or atteiii]»ted to lie injured, or 
 (I)) that it DOES N(/r siAlK the o\v\i;ii .,f any y)n'|H'rty 
 
 therein nn-ntioncMi, or 
 d') that it i)oKS NOT SI'KCIIY tlx- means l.y whicli tlie 
 
 ott'ence was committed, or 
 fd)thatit DOES NOT NAME or DESCUIHE, WITIi t'REOISION, 
 
 any person or tliinj^. 
 
 ■X. 
 
 5^ 
 
 X 
 
 But tlie Justices MAY ORDER the prosecutor to FURNISH a I'articui.ar fur- 
 ^ ther describing such ni(;ans, person, place or tiling. 
 
 No OIUECTION shall be [for any alleged l)EFK*T therein in substance or 
 allowed to any inform- 1 in foi'm, or, 
 
 ation, complaint, sum-1 for any VARIANCE lietween the same and the 
 mons or warrant, I evidence for the prosecution. 
 
 'as t(j thf ai.I.K';i;d time\ shall N oT i if the information was 
 of committing the. of- .- be deemed laid within the lim- 
 feiice or act, j -MATERIAL,) ited time, 
 
 Any VARIANCE 
 between the IN- 
 ^' Koi'.MATION and 
 £ W h (• EVIDENCE 
 
 or 
 
 w 
 
 a a il uced 
 
 snpj)orr, there- 
 
 ict was 
 
 \\\ (lie 
 ic- 
 
 s to the AI LECiEDVshall NOTjif the otft-nee or; 
 PEACE where t h e I be deem- 1 committed withi 
 offence or act was I ed MATE- 1 trial .Justice's jurisdi 
 committed, J RIAL, j tion. 
 
 I But the justice may, if the defendant has been thereby deceived or misled, 
 \ ADJOI'RN the case. 
 
 Open /The place of trial shall be deemed (to which the [)nblie gcneraily n)ay 
 CouR'l. ( an OPEN antl PcRLIc Colrt, ( have acces.s. 
 
 s o - 
 
 ;= * c 
 
 fThe Accused shall be admitteil to make fi:ll"\ 
 
 ANSWER and DEFENCE, 
 
 and 
 
 Every co.mplainant f)r informant shall be at 
 , lil)erty to conduct the prosecution, 
 
 If the chargi! NE(;ArivES any ex-'j 
 eni])tion, exception, prov; 
 or condition in the statut 
 
 and to have the wit- 
 nesses EXA.MINED and 
 CROSS-EXAMINED by 
 
 counsel or attorney. 
 
 rbut the <lefeiidant 
 
 ,. " ^. -. ■ the prosecutor neo(i -i i • ic 
 
 enii)tion, exception, provision ' i .„ inav avail himseii 
 
 ' ,.,. ■ ,.\ } ^ 1^ : not prove such NE-.' ,. " .. .. ,, 
 
 ■ ' or proof 01 the AF- 
 
 IRM.vitve thereof. 
 
 or coiKhtion m the statuti- on ■ 
 
 ,.,..,. , , GATIVE, 
 
 which It is tonnded, j 
 
 r; 
 
 I ^ 
 
 o 
 
 If the ACCUSED 
 NOT APPEAR at 
 t'lue appointed by the 
 imons, 
 
 , /-then, — \f the summons wds duly served, — the 
 .."I Justice may proceed ex parte, in <iefendant's 
 ab.sence, or he may i.ssue his warrant and 
 adjourn the case until the defen'lant's appre- 
 hension, 
 
 If the defendanfi then, if the PROSECUTOR, hav- 
 appears or is' iiiri luul, due notice,, DOES 
 brought up by j NOT appear, by himself 
 warrant, J hi.s counsel or attorney, 
 
 the Ju.stices shall DISMISS 
 th<! case, or he may AD- 
 JOURN the hearing to 
 another (Jay. 
 
128 
 
 If lf(»Tll I'AiniKS ii|)j)Ojir, I'KKSONAM.v, f tli<; Justicf shall i)rof;ee«l to lioar un<l 
 or liy <:(;i:nsi;i, or AT'i'oKNKVs, I (Ictcriniin; tlwr cuhc. 
 
 y- 
 w 
 
 ^■ 
 y. 
 
 c 
 
 ^- 
 
 (£. 
 < 
 
 '\i till! liofciiflatit IS I'llKSKNTl | Ik; sliull Ix; Hski-il if lin liiis iiiy (tausi; to 
 
 at tli(! li< !iriii<', the snhs- , shew why he ■-houli! not li<; convicted 
 
 taiice oi' llie cliar^e shall j I or an order made a'^'ainst liiin, as tlie 
 
 Ije read t.o him, I i cast; inav he. 
 
 If the defi-ndant ADMITS tlie cliar^f, an(] sliews ^ the .Iiistie<'s shall roWKT 
 no sntrK;ient cause ajfaiiist a c<;nviction or - or makk an <» It l)+: H 
 onler, ) aj^airist him. 
 
 If the (hd'endant DOES NOT AD.Mll' the j the justice shall t.'nfjuire into it and 
 ^ char<fe, i take th<! evi<lenc<'. 
 
 y. 
 
 y. 
 
 Bcifore or durinj^ tlie heaiin^', the justice may ad.ioI'KN j hut vo AD.ioi'ltN- 
 t he case to a fiKUTAIN ri.MK, to In; then appointi-d in I .MKNT !-hall he for 
 tilt! pres< nee and }iearin<( of the partie-s or tln-irj MOUK than S 
 lawytirs, j DAYS. 
 
 If at the time to which the hearinfi; or further! the justice may proceed 
 hearing i.s adjounHMJ, either (»r hotli of the par- | to the hearing or fur- 
 ties do not ajipear, personally, or hy counsel ori the-r ln-arin}^ as if the 
 .solicitor, j parties were present. 
 
 It tlie prosecutor or complainant does not I .1 • ,• .1 
 
 ' ' .■ th<; justice mav DIS.MIss the 
 
 , appear, ) •' 
 
 case. 
 
 Ad.IUDI- I Havinjf heard tht; parties and the I the ju'-tice adjudicates upon the 
 CATION. ( (vidiMice adduo'd, | case. 
 
 c< 
 
 [If the justice con- 1 he shall make a .Ml Ns; 11; or mk.Mokandum thereof, 
 
 viets or makes , 
 
 rioN or! , • , , and 
 
 . , j an order a;(ainst 
 
 '[ the d(d<;ndant, j afterwards DUAW L'l' the CONVICT 
 
 ON VIC- 
 
 'ICTION or OHDEK. 
 
 c 
 
 , 
 
 
 
 
 
 
 
 
 
 
 tc 
 
 
 
 
 Ct 
 
 • 
 
 T* 
 
 -u 
 
 tf 
 
 •/. 
 
 
 
 a 
 
 '-P 
 
 'Wh(!nev(!r any person is summarily 
 convicted of any offence a.;.(ainst 
 Parts XX to XX.X inclusive 
 
 the justice may discharj^e the of- 
 h.-inler from his conviction upon 
 his makini' such .satisfaction to 
 
 fdiilc), or Part XXXV^II ((i/niaj/ the person a^j^rieved for dama^^es 
 
 and costs as are ascertained hy 
 the justice. 
 
 f'} and it is a llltsT (JONVIC 
 rioN, 
 
 ■^'-i [Jf the justice DISMISSES the j 
 
 • - ^ * case, he may, whtm re- "2 
 
 ir. -►^ = 1 ouinMl. n«al<<! an <»1M)KR( ^ 
 
 o t: = I <]Uired, make an oliDKU 
 
 ^ ^ ■J:\ oi DISMISSAL, 
 
 n 
 
 shall jr\vo, to the de'fendant a certificate 
 th<!reof, which shall he a har to any 
 suhse(|in;nt information or complaint 
 atrainst him FoK tiik same .mattek. 
 
 (') Parts XX to XXIII relate to .\skai i,ts, Rapk, Lihel, etc. ; Piirts XXIV to XXX 
 reliite to TiiKKr, HuiKiLAKY, etc. ; and Part X.XXVII relates in Mih< HIKF. 
 
129 
 
 Wlu'rifvcr )uiy pcirson unlawfully ASSAl'l/rsi i'NI.Kss, iit the timt- of cntrrin;,' 
 or I'.KATS any otht-r person, any justice umy. on the investi/^ation, KITIIEU 
 ^ SUM MA HI LY hear and detertnine the cliarjjej I'Ainv OIUK'TS riiKKKro. 
 
 f- '2. If the justice considers that the i he shall abstain from adjudication 
 j£ alli'^ed assault or hatti-ry i^, from | thereon and deal with the case as 
 anv other circumstance;, a fit suhject I if h(; had no authority to hear 
 foi- prosecution hy indictment, j ami determine it. 
 
 V. 
 
 ^ 
 
 '/. 
 
 0^ 
 
 -" 
 
 u 
 
 r. 
 
 
 
 a: 
 
 ^ 
 
 .^ 
 
 o 
 
 — 
 
 (-.1— 
 
 •4-rf 
 
 > 
 
 ^ 
 
 r- 
 
 f 
 
 OJ 
 
 
 '■w 
 
 •" 
 
 '.y 
 
 If, on the hearinj^, on the merits of any case prefer-' he shidl make 
 
 out an<i dediver 
 to the accused 
 a <;kktiki<:ate 
 of .such l>l.s.Mls- 
 .sai.. 
 
 1 ^ 
 
 i I 
 
 X 
 
 •< '" 
 
 ?^ 
 
 w'-V 
 
 ^ 
 
 •A 
 
 red tuider the next preceflinjr section, tlie justice 
 diMiiis the ca.se not proved or finds the Jissault or 
 Ijattcry justified or s(» trilling Ji.s not to merit an^' 
 7i •" C punishment, and accordintfly I)ISM1.S.SL.S the com 
 - jjiauit, 
 
 If tlie accused obtains such cp:ktificatk of | he shall he ndeaseil from 
 Dis.Mls.sAL, or, havin;^ fxien convicted, pays! all other proceedinj(s, 
 the amount adjudj^.(i to be jjaid or suffersj civil, or < KIMIN'AI,, for 
 the imprisonment awarded, J the same cause. 
 
 As to levying' or enforcin<; paym.-nt of penalties, |^^^^^ ^^^_^ ^^^ ^^^ j^^^. 
 costs, etc., J 
 
 and 
 As to forfeiture ui recogni/ances, .se<; .s<:c. S7S. 
 
 5 /in Ontauio, to the<Jom-t of ({k.vekai, Skssion.s of the I'kack ; 
 o w I in QL'EHEC, to the (Jourt of (.Queen's P>ench, Crown Side ; 
 
 r. 
 
 
 V. — 
 y. — 
 
 ^ ::• 
 
 in Nova Scotia, New Hhl'N" ) to the Coin rv Coi;ut of tlie district or 
 WK'K, and MANITOliA, 1 C'junty where th<! matter aro.sc; ; 
 
 i, in I'uiN'cE Edward Island, to the Si;i'Ueme Coijitr ; 
 
 ^ \ g C \in I^.HITISII COLUMIMA, to tlie COUNTV or Dl.STItlCT (>)i;i{T 
 
 y. 
 
 ■y. 
 
 '•^■f^ iin the Xoinii j to a Judge of the Sui'keme Court of the TERRnouiES 
 5 c West Tek- sittinj^ without a jury, wdien; the matter arose or tlie 
 
 5 o lUToUIE.s. j neai<;st place thereto wdiere a Court is to be held ; 
 ■I. w 
 
 ^ 3 \in the JJiSTRlur of ) to the (.'ourt of (JkneraL Sessions of the PEACE 
 1= " \ Nii'issiNu, \ for the C(jUNTy of Renfrew. 
 
 (a) If the conviction or order is made Moiu: THAN ) the appeal shall be to its 
 14 days DKKore the Ajipeal (>>urtsits, | then NEXT srniNfiS, 
 
 but if niailf, wri'HlN 14 days thereof, then to its sf:<jond siniNo afterwards. 
 
 •< \(b) The ap|)t!llant must ;,dv«;, to the f a written notice of a«)peai within K) 
 «« I KeHjjondent or the Justice, ( DAVs after the C(jnviction or order. 
 
 5^ \, ^Tfi.1 ■ i- • ^ the appellant shall remain m custody, or j^ive bail 
 
 5 (c) If the conviction im- f .J' • ,. . i • i .i • i ^ i 
 
 s; . . > fierore a justice t(j abide the iu<lj;nietit and pay 
 
 E / jjoses impriMtnment, V,- .i« i j 
 
 • ^ '3 C(jsts, etc. 
 
 C j If the conviction adjudijes a \ the appellant may deposit the amount ad- 
 ^ \ penalty or sum of money \ judged with costs and costs in appeal, and 
 » to be paid, ) be released. 
 
130 
 
 o 
 
 The Court appealed to shall TRv'i 
 and be the ahsolute judge! 
 as well of the facts as of the I 
 
 LAW, J 
 
 and 
 
 any party to the appeal may adduce 
 evidence whether the same was 
 adduced at the hearing before the 
 justice or not. 
 
 a 
 
 u 
 o 
 
 Cl-I 
 CM 
 
 o 
 
 Evidence takeul may be read in [if the Appeal Court is satisfied that the 
 at the hearing !- evidence on-i pei'sonal presence of the witness cannot 
 below J the appeal, [ be obtained by reasonable efibrts. 
 
 'No judgment shall be given for the Appellant/i for any defect therein, or 
 if the appeal is based on any objection to I for any variance between 
 any information, complaint, summons or j the same and the evidence 
 
 adduced in support thereof, 
 
 
 unless 
 
 it is 
 
 proved 
 
 warrant, 
 
 "I that the on- T 
 I .lECTlox was! 
 j made before j 
 j the Justice, I 
 
 |.-^ [The appeal Court j 
 S o ! -shall hear and de- 1_ 
 ^'■'^ j termine tlu; easel 
 ^ 5 ' on its merits, J 
 
 or 
 
 rthat, notwithstanding that it was shewn to the 
 I Justice that by the variance the accused 
 j was deceived or misled, the justice refused 
 I an adjournn 
 
 ment. 
 
 and 
 
 may confirm, reverse or modify the Justice's 
 decision, or make such other conviction or 
 order as it thinks just. 
 
 < 
 c 
 
 /No conviction or order atiirm-'l shall he Qi'ASHKi) for hcnat : f forrii, 
 eil, or affirmed and amended . liE removed hy cert iorari into any Super 
 
 ti} 
 Q 
 
 in appeal 
 
 Court. 
 
 or 
 
 perior 
 
 No warrant or commitment shall f Provided it allegfs that the defendant has 
 I ) be held VOID by reason of an}- -j been C(mvicte<i, and there is a good and 
 ^* ^ defect therein ; (. valid conviction to sustain it. 
 
 'Tf) re.move any con- ") if the defendant has appealed there- 
 viction or order, ) from, 
 
 id 
 
 < 
 o 
 
 'X. 
 
 O 
 
 No writ of 
 certiorari 
 shall be 
 allowed 
 
 or 
 
 ;ro remove any conviction or order made on such appeal. 
 'No conviction or order made] 
 
 I formality or insufficiency therein ; 
 
 , T f A I shall, — on being removed by certiorari, — 
 
 bv any Justice, ana -^^^ j^^jj invalid for any irregularity in- 
 
 NO WARRANT lOr entorcing the | j. ,:j. : ^_: "i, j.u.„";_ . 
 
 same, 
 
 Provided the Court or Judge before whom the qnestion is raised is, — on 
 reading the depositions, — satisfied that there has been committed an 
 offence of the nature described in the conviction, order or warrant, and 
 over which the Justice has jurisdiction. 
 
 be 
 
 When it appears by a conviction that the defendant] ^^^j^ conviction shall 
 has appeared and pleaded and that the merits have afterwards 
 
 been tried, and the defendant has not appealed,^ ^^^ .cttm^' f^^ . 
 where an appeal lies, or, if appealed, the convic- 
 tion was affirmed, J 
 
 SET ASIDE for any 
 
 DEFECT OF FORM. 
 
131 
 
 . . II ■ 1 J 'J by giving the opposite party written notice 
 
 An Appellant may abandon } \^^^^^^(^ clear days before the Sitting of 
 
 '"« ''^T^'"^' ) the Court appealed to. 
 
 /Either tlie prosecutor or the [on the ground of j may apply to the Justioe to 
 defendant desiring to ((ues- its being ehkoxe- state and sign a case set- 
 ting forth the facts and 
 the grounds for question- 
 ing the proceeding; 
 
 Ig EHKOXE- 
 
 tion a conviction, order, de-| ors in law or in 
 termination or other pro- 1 excess of JUIUS- 
 ceeding, V DICTION, 
 
 and 
 
 > 
 
 o 
 •j: 
 
 1-5 
 
 If the Justice declines ( application may be made to the Court, (') for an 
 
 to state the case. 
 
 order requiring the case to be stated. 
 
 On making such applica- rthe Appellant shall enter into a recognizance^ 
 tion and before a case is) before such Justice or any other Justice exer- 
 stated and delivered toj cising the same jurisdiction, to prosecute his ap- 
 him by the Justice, I peal and submit to judgment thereon. 
 
 < 
 Q 
 
 O 
 
 H 
 < 
 
 m 
 
 When the Justice refuses to state a case, the Appel- 
 lant may apply to the Court, on an affidavit of the 
 facts, for a rule on the Justioe and Respondent 
 to shew cause why such case should not be 
 stated ; 
 
 [the Court may 
 I mike the rule 
 and 1 absolute, or dis- 
 charge the ap- 
 >- plication. 
 
 lOn being served^ the Justice shall C .i . n x i. • ■ i u 
 
 .,,",,' , . 1 on the Appellant entering into such re- 
 
 with such rule )■ state a case -s • ^' , • i i 
 
 \ J- 1 / cognizance as above provided. 
 
 ) accordingly, L ^ ^ 
 
 absolute. 
 
 The Court to which a case 
 is transmitted shall hear 
 and determine the ques-j 
 tion or questions of Iaw,J 
 
 and 
 
 shall thereupon affirm, reverse or modify 
 the conviction, order or determination 
 r|uestioned, or remit the matter to the 
 Justice with the Court's opinion thereon. 
 
 Any person appealing) shall be taken to have abandoned his right of appeal 
 under this section / under section 879 (ante). 
 
 Where, by any special Act, it is p»'o-l no proceeding shall be taken under 
 vided that there shall be no appeal - this section in a case to which such 
 from any conviction or order j special Aet applies. 
 
 to ch.aroe TWO OF-'lfor stating the offence to have 
 
 No information, sum- 
 mons, conviction or 
 other proceed i ng I 
 shall be held, [^^ ^^ UNCERTAIN, 
 
 fences. 
 
 or 
 
 been committed in dif event mo- 
 des or in respect of one or more 
 of several articles either con- 
 junctively or disjiinctively. 
 
 (') The " Court ", under this section, means and includes any Superior Court of criminal 
 jurisdiction in the province where the proceedings are carried on. 
 
132 
 
 Part. LIX..— Recognizances.— (Secs. 910 to 926). 
 
 'Any surety for a person^ fupon an affidavit of [obtain an order to 
 
 charged witli any indict-^ may- the grounds there--! render such per- 
 able offence, J [ for, [ son, 
 
 and, 
 
 upon such order, may"| , [deliver him, with the order, to tlie gaoler 
 arrest the accused, j ^ [ named therein ; 
 
 or 
 
 the sureties may bring the accused (and render him in discharge of their 
 . into Court during its Sitting, \ recognizances. 
 
 As to proceedings on forfeited recogxizances, etc., see sees. 916 to 926, 
 
 Part. JjX..— Fines and Forfeitures.— {Becs. 927 to 930). 
 
 For special) for recovery of penalties and forfeitures where no) ,_ „ „ ooQ 
 provisions) other mode is prescribed, / ' ' 
 
 •73 
 <U 
 09 
 
 a 
 
 P5 
 
188 
 
 TITLE VIII. 
 
 Proceedings after Conviction. 
 
 Parts LXI to LXIV. — Punishments Generally. — Capital Punishment. — 
 Imprisonment. — Whipping. — (Secs. 931 to 957). 
 
 The PUNISHMENT to ba inflicted on] is in the discretion of I" within the limits 
 an ottender, or - the Court or Tri--! prescribed in that 
 
 the FINE or PENALTY to be imposed; bunal, [ behalf. 
 
 Sentence of death f that the offender be hanged by the neck until he is 
 is ( dead. 
 
 Judgment of death must be executed within the prison walls. 
 
 Every one sentenced to imprisonment f shall be sentenced to imprisonment 
 for life or not less than two years, 1 in the penitentiary. 
 
 Every one .sentenced to impri- ( shall, if no other place is expressly men- 
 sonment for less than two -s tioned be sentenced to imprisonment in 
 years, (. the common gaol. 
 
 Whipping shall not be inflicted on any female. 
 
 Part LXV. — Sureties for Keeping the Peace, and Fines. — (Secs. 958 to 960). 
 
 In addition to any other /mav be required to oivE',,. . , 
 
 , -^ - ^ „ tor any term not 
 
 sentence, a person con- security to keep the •'j. .„„ ^ 
 
 • . , V ' • 1- i. 1 1 - 11 c 11/ exceedini; two 
 
 victed oi an indictable peace and be oi good be- [ vitaks 
 
 offence, '. haviour, J 
 
 A person convicted of an indictable offence f may be fined, in addition 
 punishable with imprisonment for 5 years j to or in lieu of any other 
 or less, C punishment. 
 
 A person sum- nnay, in addition to or in lieu of any 
 mariljT^ con- ) other sentence, be required to give se- 
 victed under! CURITY to KEEP the peace and be of 
 
 iler j 
 Part LVIII, I good behaviour, 
 
 for any term not 
 exceeding 12 
 months. 
 
 n^ 
 
 On being satisfied that, on account of 
 threats or otherwise, a complainant 
 has reasonable grounds to fear that a 
 person will do him, his wife or child 
 some personal tnjuey, or burn or set 
 fire to his property. 
 
 a justice may require such per- 
 son to give security to keep 
 the peace and be of good be- 
 haviour for any term not ex- 
 ceeding twelve months. 
 
134 
 
 Part LXVI.-^Dt«fl&t7/<i««.— (Sec. 961). 
 
 l1 convicted of an indictable offence j is DISAH 
 and sentenced to 5 years imprisonment or more ( office, etc. 
 
 A public official convicted of an indictable offence ( is disahled from HOLDING 
 
 
 Fart "LKYII.— Punishments abolished. — (Secs. 962 to 965). 
 
 Outlawry, Solitary Confinement, Pillory, and } 
 
 Deodand } are Ai^oLisHED. 
 
 Part LXVIII.— Par(?on«.— (Secs. 966 to 974.) 
 
 The Crown may pardon any person convicted of ) C may commute any 
 
 any indictable offence punishable with death >■ and a .sentence of death 
 or imprisonment, ) {. to imprisonment. 
 
 Undergoing a sentence, (not bein^f death), is equivalent to a pardon. 
 
 2 [Whenever a person is convicted of any [the Court may release him on his 
 "g ~ I offence punishable with not more than | being bound over, with or without 
 £ § j 2 years' imprisonment, and no previous I sureties, to appear and receive 
 
 ^ [ conviction is proved agiinst him, I judgment when called upon. 
 
 TITLE IX. 
 
 Actions against Persons administering the Criminal Law. 
 
 (Secs. 975 to 980). 
 
 I fEvery action and prosecution against an\\ , ,, , ^,,„„^,,^^^ LUi^ 
 •^ I. .,. i- *! 1 1 *• shall be commenced withm 
 
 '• I person tor anything purporting to be done I „ „„.„„,,, .. ti. i.u^ 
 g ' 4. i £.? r i 1 i- X • • I 6 months next after the 
 
 o I pursuant to any btatute relating to crimi- . ., , , 
 
 ■*» a t,oi i..„. ^ I act committed. 
 
 e8 .z -; nal Jaw ■' 
 
 
 Written notice of such action and \ shall be given to the defendant one 
 of the cause thereof j month at least before suit. 
 
186 
 
 THE CANADA EVIDENCE ACT, l^iOH. 
 
 Application.— (Sec. 2). 
 
 Thi. Act (^" "^'''' CRIMINAL I'KOCKEDINGS, aiid^ respectinor vvhich the Pfirlia- 
 ..,.., .r-., "S to ALL CIVIL I'liocEEDlXfjs ami [■ iiii'iit uf Catuulii lias juris- 
 other matters wliatsoever ) diction in this behalf. 
 
 APPLIES 
 
 Witnesses —(SEcs 3 to 6). 
 
 A person shall NOT bo incompetent to give 
 
 evidence 
 
 "}by 
 
 reason of INTEREST or CRIME. 
 
 /"An ACCUSED, or his or her WIFE or 
 IIUSHAM) 
 
 ■r 
 
 u 
 
 a 
 C 
 
 o 
 o 
 
 <5 
 
 [ sliall be a competent witness. 
 
 DURING their 
 
 .MARklAfJE. 
 
 But no IIUS15ANI) shnll be conipetenttodisclo.se any cotnmuni- 
 cation luadt- to liim l)y his wife 
 
 And no wife sliall be competent to di.sclose any communica- 
 tion made to h'-r by her liusl)and 
 
 The FAILURE of the accused') shall not be made the subject of comment by 
 or of his wife or lier bus- [- the JuDGE or of CouN'SEL for the PROSECU- 
 band to TESTIFY ) TION in addressing the Jury. 
 
 o 
 u 
 
 ■ PH 
 
 > 
 
 -1.3 
 
 c 
 
 
 No witness shall be excused from] on the ground that tlie answer may 
 answering any question j tend to criminate him. 
 
 Provided, however, that if, as to any question, the witness objects other than a 
 to answer, because his answer may tend to criminate him, and 
 if, but for this section, he would therefore have been excused 
 from answering, then, althongh he shall b;; compelled to 
 answer, yet the answer so given shall not be u.sed or receivable 
 in evidence against him in any criminal trial or other crimi- 
 nal proceediner against him, thereafter taking place, 
 
 prosecu- 
 tion for 
 p erjur y 
 in giving 
 such evi- 
 dence. (*) 
 
 w f A witness who is unable) may give his evidence in any other manner 
 
 ( to speak / in which he can make it intelligible. 
 
 (^) As amended by 61 Vic. , c. 53. 
 
136 
 
 Documentary Evidence.— (Seos 7 to 21). 
 
 As to proof of Imperial Acts, of Cmmdian and Provincial ordin-' 
 ances, proclamations, etc.. of judicial documents, of Imperial 
 proclamations and of official documents, 
 
 and 
 
 As to proof l)y copies of or extracts from official books, by copies 
 of documents in the Canada (iazette and by copies of entries 
 in Government books and Quebec Notarial Acts. 
 
 see sees. 
 7 to 18. 
 
 No COPY of any book orfunless the party intending to produce it has, at 
 other document shall bej least TEN D.w.s before the trial, given, to the 
 
 RECEIVED 
 upon any 
 
 ) in EVIDENCE party against whom it is intended to be pro- 
 ,' trial, ^ duced, notice of such intention. 
 
 Affirmations.— (Secs 22 to 24). 
 Instead o ta ing an ) person may make a solemn affirmation ; 
 
 and 
 his evidence, deposition or affidavit .shall be taken and J as if taken UNDER 
 
 have the same effect. 
 
 oath. 
 
 Evidence of Child.— (Sec. 25). 
 
 In any legid proceeding where a 
 child of tender years is tender- 
 ed as a witness, and such child 
 does not, in the opinion of the< 
 Judge, Justice or other pre- 
 siding officer, understand the 
 nature of an oath, 
 
 'such child's evidence may be 
 though not given npon oath 
 
 if, 
 
 rece 
 
 ived 
 
 in the opinion of the Judge, Justice or other 
 presiding officer, such child possesses 
 sufficient intelligence to justify the re- 
 ception of the evidence and understands 
 the duty of speaking the truth. 
 
 2. But no case shall be decided on fand such evidence must be corroborated 
 such evidence alone, \ by some other material evidence. 
 
 Statutory Declarations.— (Secs 26, 27). 
 See secs. 26 and 27.