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 ) '
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o
U
P.
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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:
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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
«
-♦3
m
S
i-s
o
1^
o
m
i~>
<x>
o
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
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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 ■{
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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
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X
eS
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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
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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
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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)
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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
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V.
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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
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/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
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/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
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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
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'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.
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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
&
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fa
O
X
o
OS
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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
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/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.
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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
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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.
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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^.
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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
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'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,
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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
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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
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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
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(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
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O
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H
'^
b
■—'
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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.