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Les diagrammes suivants iilustrent la m6thode. 1 2 3 12 3 4 5 6 .v/ y .0 ^^' sr rxiim:- . ... lllillni), i^i'., same, or as much thereof as shiill he material, into writing in the and iiind wit- •> presence ol tlie party accu.sed li lie be in custody, who s.hall ,^j. ^^^ ,j.j.^| ' have full opportunity ali'orded him of cross-examining such wit- nesses, if he shall tliink i)ro[)er so to do, and the two Justices admitting to bail sliiili cerlif}' tlio bailment in v.'riling ; and every such Justice shall have autliority to summon any person within ij his jurisdiction, whom he shall have reason to consider capable of giving material evidence concerning any such Feloriy or suspicion of Felony, and to examine .such person on oath touching the same, and to bind by recognizance all such persons as know or declare any thing malci ial touching any su( h Felony, or sus[)icion of Fcio- 15 ny, to appear at the no.Kt Court of Oyer and Terminer, or Gaol De- livery, or otiier Court at whicli tiie trial of sucii offence is intended to be had, then and there to prosecule and give evidence against the party accused ; and such Justices and Jiistico, rcspectivelyjshall subscribe all such examinations, informations, bailments and rc- •i'J cognizances, and deliver, or cause to be delivered, the same to the Examinations, i)roi)er Officer of the Court in which tlie trial is to be, before, or f!^'"' '," ]'" '!"" II ' ^ livcrt'il to tlic at the opening of the Court ; and in case any person so summoned Couit. shall refuse to submit to such examination or to enter into such le- cognizance, it shall be lawful for tlio Justice or Justices to com- 25mit such person to the Commf>n Gaol of the District,County, City or Town, until such person shall submit to sucli examination, or shall enter into such recognizance, or be discharged by due course of Law : Provided that no such examination shall subject the party examined to any prosecution or penalty, or be given in evidence 30 against such party, save on any indictment for having committed wilful and corrupt perjury in such examination. III. And be it enacted, that every Justice of the Peace, before DutyofJus- whom anv person shall be taken on a chart-o of misdemeanor, or ^f^-^ °" . suspicion thereof, shall take the examination of the person charged, demeanor. 35 and the information upon oath of those who shall know the facts A2 B ^ CRIMINAL STATUTES 4 & 5 Vic. I nnil circumstances of tlio case, and sliiill put llie sninc, or as much thereof as shall ho material, into writing, hcfite ho shall commit to prison or recjiiiro hall from the person so charged ; and in every case of hailment, shall certify the hailment in writing, and shall have authority to hind all persons hy recognizance to 5 appear to prosecute or give evidence against the parly accused in like manner as in cases of Felony ; and shall suhscrihe all exami- nations, informations, hailments, and recogniziiiices, and deliver or cause to he delivered the same to the [)ro[)er Ollicer of the Court in which the trial is to he, hefore, or at llie opening of the lo Court, in like innner as in cases of Felony, and that no traverse or other postponement of any trial thereupon had, shall he allow- ailowcil. cd except upon special cause shewn to the satisfaction of the said Court or hv consent of the Prosecutor.* ronor Duty of Co- IV. And he it enacted, that every Coroner, upon any inquisi-i6 tion taken hefore him, wiierchy any person shall he indicted for manslaughter or murder, or as an accessory to murder helore the fact, shall, in presence of the party accused, if he can he appre-. hended, put in writing the evidence given to the jury hefore him, or as mucli thereof as shall he material, giving the party accused 20 full opportunity of cross-examination ; and shall have authority to bind hy recognizance all such persons as ktiow or declare any thing material touching the said manslaughter or murder, or the said otTencc of heing accessory to murder, to appear at (lie next Court of Oyer and Terminer, or Gaol Delivery, or other Court2r» at which the trial is to he, then and there to prosecute or give evidence against the party cliargod ; and every such Coroner shall certify and subscribe tlie same evidence, and all such recoo-- nizanccs, and also the inquisition hefore him taken, and siiall deliver the same to the proper Ofiiccr of the Court in which the 30 trial is to be, before, or at the opening of the Court. ' When party V. And be it enacted, that when, and so often as a nv person imnilttcu " - - - _ wishes to committed ^^ ^^^v\\ be committed for trial by any Justice or Justices, or CorO' * See nlso for Canada East, 2 Vic. (3) cap. 23, taking away the right to traverse in cases for misdemeanor before Courlb of Oyer iind Terminer. 5 Vic. Chai). 01. OF CANADA. , or as !io sliall (I ; and ivriting, itinco to 5 used in exami- (k'livcr • of thu y of tho 10 raversc ! alloNv- of the inquisi- 1& ;tc(l for fore llio 3 appro-. >rc liim, accused 20 itliority arc any , or the lie next • Court2j or give Joroner 1 rccog- d si; all lich the 30 person • Coro- ) ti'tavcrso hailcd.tlic Jub-! ticoH on nolico ihnrfof to I'oN wurd nil inlur- mntionH to (^U'rk of th« Crown. nor as aforesaid, it sliall- and may he lawful for such Prisoner, his Counsel, Alloniuy or Agent, to notify the said connuiitting Justice or Jiisliees, or Coroner, that he will so soon as Counsel can ho heard, move Her Miij;!sty's Court of Superior Jurisdiction for r»that p.'irl of the Province in which such person stands committed, or one of tho Judges thereof, for an order to the Justices of tho Peace, or Coroner for the District where such Prisoner shall ho confineph' to the Justices and oners. Coroners, not only of Districts and Counties at large, but also of all other jurisdictions. Pcrsor;,'; tried IX, And bc it enacted, that all persons tried for Felonies shall '> for feioiiv to, ^ •,, \ ,-, i i c .i r i j- . ' h;ivo l)ciu"iit of'^*^ '^'^''^^'^^^d, ailcr 11)0 clotie ol tlie case L)r ii)C prosecutioa, to Counsel, make full answer and doicMicc thereto by Counsel, learned in the Law, or by Attorney in the Com Is where Atlornies practice as Counsel.* ynmcinc-'.nes X. And be it enacted, that in all cases of summary conviction i(» conviction!*^"^ persons accused shall bo admilled lo ni;ik',; th<'ir full answer and defence, and to Isave all v/itncsses examined and cross-examined by Counsel or Attorney, Orders for XI. And bc it cnacled, that v/lien and so oflon as the allendance ','S'ZL f'^V of any person confined in any Gaol or Prison in fins Province, orlC- tried at Aissi- upon the limits thereof, shall be required in any Court of Assi.-^e and Nisi Prius, or Oyer and Terminer or Ccneral Ciiol Delivery, or other Court, it slr.iU and may bo bnvful for the Cor.rt before whom such Prisoners shall be required to attend, in its discretion to make order upon the bherilf, (laoler or other persc^i having thc'5<^ custody of such Prisoner, to deliver such Prisoner to t!ie person named in such order to receive him, which person shall thereupon instantlv convey such Prisoner to the place whore the Court is- suing such order shall be sitting, there to receive at^d obey sucli further order as to the said Court shall seem miOet : Provided a l-ii> ways, that no Prisoner confined for any debt or (himages in any civil su^.t shall be therebv removed out of the District where he shall be confined. Prisonorn en- -Xlf. And be it enacted, that all persons, who, after tlse passing H''^\' '" ^HI"'''' of this Act, shall be held to bail or committed to prison for anv8a CI drposilione , , . , '' ' against tiicui. offence against the Law, shall be entitled to req.tirc and lia\e on demand (from the person who shall have the lawful custody there* * Sec also for C. E, 5 W. 4. cap. 1. /.CH. I'roviso. ,y 5 Vic. t relat- es and also of IS shall /^ Lion, to in tlic lice as viction 10 or and imincd iidanco . nee, oriv Assize livery, before "retlon person re upon )urt is- y such !'od al-ii5» n any ore he 'assinix ive on tliore* Chap. 21. OF CANADA. 9 of and who is hereby required to deliver the same,) copies of the examinations of the witnesses, respectively, upon whose deposi- tions they have been so held to bail, or committed to prison, on payment of a reasonable sum for the same, not exceeding three npence for each folio of one hunch'cd words : Provided always, that if such demand sliall not be made before the day appointed for iho commencement of the Assize or Sessions at which the trial of iIk^ j)erson on whoso behaifsuch demand shall be made, is to take place, such person •"rail not be entitled to have any copy of such ^examination of witnesses unless the Judge or other person to preside at such trial, shall be of opinion that such copy may lie made and duliveicd without delay or inconvenience to such trial, bat it shall, never! Iieless, be competent for such Judge or other person so to preside at such trial, if he shall think fit, to lOposfpone such trial on account of such copy of the examination of wi;nes;jes not liaving been previously had by the party charged. XIII. Anil bo it enacted, that all persons under trial shall be Persons un- entitled, at the time of d^.eir trial, to inspect witliout fee or re- 5^"J;]"j^jj'[?J_ ward all depositions (or copies thereof) which have been taken positions. 'JO against tlicin, and returned into the Court before which such trial shall be had. XIY. Anil bo it enacted, that if any person, whatever, being ar- ^ j^^^ ^^■ rai"ned upon any Indictment for Treason. Felonv, or Piracy, shall ","'^.^ i:\.r.\ty jilead thereto a plea of " not guilty," such person shall, by such jniponoron his 'J5 plea, without any further form, be deemed to have put himself*"'' ''^ '^*'' or herself upon the Country for trial, and the Court shall, in the usiud manner, order a Jury for the trial of such person accord- ingly XV. And be it enacted, that if any person, being arraigned If ho refuw; 33 upon or charged with any Indictment or information for Treason, Comrniiiy o'r- Felonv, Piracy, or Misdemeanor, shall stand mute of malice, or '■'-'r *i p'^'-^ ".!' , » ,. . not puilty ' will not answer directly to the Indictment or Information, in every to be cntmil. such case, it shall be lawful for the Court, if it shall so think fit, T^ 10 CRIMINAL STATUTES 4 & 5 Vic, to order the proper Officer to enter a plea of " not guilty " on behalf of such person ; and the plea so entered shall have the Scime force and effect as if such person had actually pleaded the same. Evrrj' chal- XVI. And be it enacted, that if any nerson indicted for any & the1egal*num- Treason, Felony or Piracy, shall challenge peremptorily a greater iier Bhall be number of the men returned to be of the Jury, than such person is entitled by Law so to challenge, in any of the said cases, every peremptory challenge beyond the number allowed by Law in any of the said cases, shall be entirely void, and the trial of such shall ^^ proceed as if no such challenge had been made. XVII. And be itenhctcd, that no plea setting forth any Attain- der shall be pleaded in bar of any Indictment, unless the Attainder be for the same offence as that charged in the Jndictment. Jury shall XVIII. And be it enacted, that where any person shali be in-l!i prisoner's'^'^ ° dieted for Treason or Felony, the Jury impanelled to try such . '^h'^t^j **^v "**' person shall not be charged to inquire concerning his lands, tene- ments or goods, nor whether he fied for such Treason or Felony* whether tied. Benefit of XIX, And be it enacted, that benefit of Clergy With respect to Hsh^^ '^^^ persons convicted of Felony shall be abolished ; hut that nothingso herein contained shall prevent the joinder in any Indictment of any counts which might have been joined before the passing of this Act. WhatPelo- XX. And be it enacted, that no person convicted of Felony J^^capJ,'^^*'^"" shall suffer Death, unless it be for some Felony which was ex-2& eluded from the benefit of Clergy by the Law in force in thai part of this Province in which the trial shall be before the com- mencement of this Act, or\yiiieh shall be tnmh punishable witb death by some Act pnssedl after that «Tay/ * Seo sect. 24. as to punishment for Felonies fm vrMck nuo ol'icS ]}iiiinisBiin3ieiat ie) •pecially provided. Chap. 24. or CANADA. t. XXI. And whereas it is expedient to prevent all doubtj/ peeling the civil rights of persons convicted of Felonies nojt carii tal^ who have undergone tiie punishment to whicli tlieyw judged ; bo it therefore enacted, that where any offender ha' 5 or shall be convicted of any Felony not punishable with and hat!i endured or shall endure the punishment to which oftendcr hath been or shall bo adjudged for the same, the punish meni so endured hath and shall iiave the like cflTects and conse- quences as a pardon under the Great Seal as to the Felony where- lOof the oflender was so convicted ; Provided always, that nothing herein contained, nor the enduring of such punishment, shall prevent or mitigate any punisiiment to which the otTender might otherwise be lawfully sentenced, on a subsequent conviction for any other Felony. J5 XXH. And whereas there are certain Misdemeanors which No mlsda- render the parties convicted thereof incompetent witnesses, and it ^n^"°LrjuryN is pxpodient to restore the competency of such parties after they shall render a have undergone their punisiiment ; be it therefore enacted, that competentwit- where any offender hath been or shall be convicted of anv such T"'^ **?" ^ •' ^ ' has unuergoii* 20 Misdemeanor (except Perjuiy or subornation of Perjury) and the ptmish- hath endured or shall endure the punishment to which such offen- der hath been or shall be adujdged for the same, such offender shall not, after the punishment so endured, be deemed to be by reason of such Misdemeanor, an incompetent witness in any 25 Court or proceeding Civil or Criminal. XXni^ And be it enacted, that in all cases in which any per* office-s of son shall be charged with Felonv, the Olficers of the Court before ^°^^i ^°, ''* " ' ' paid fees from which such person shall be tried, or any proceeding had with public fundi*. regard to such charge, and who shall render any official services 30 in the matter of such charge, or in the course of such trial, to the person sa charged with Felony, shall be paid their lawful Fees for all such services out of the Public Funds, in the same manneT as other Fees due and payable to them in respect of official ser- vices, by the.Ti rendered to the Crown, in the conduct of public ti CaiMl.V;VL ST.\.Tjr33 4 & 5 Vic. prosecutions, are now piii;!, and no such Foes shnii in any case bo (lemauilod of or puyabie by tiio person charged with sucli Felony. '.;■ T ' v-' ■ ■ ,' ■ '' IVlonirRnot ^'XIV. And bc it cnactod, that every person convicted of any cap'.tal.punish- Fclonv not punishable witii death, s'lall be punished in the man- 5 able umlcr the ' •! i i i ^^ o • n i • Act rrlitiiur ner prescribed by the btatuto or statutes speciahy reUiting to ihcrcto, othor- ,,^(.j, pdoi^y . r^y^^] (|,at cvorv person convicted of any Fehmv for wise imuor _ - ' •' ' J . this Act. which no puuisliinent hat!i been or hereafter may bo specially providcMl, shall be deemed to be punishi'.blo under this Act, and shall be liable, iit the discretion of t!)o Court, to bo imprisoned alio hard labour in llie Provincial Penitentiary i'or any term not less than seven years,* or to bo imprisoned in any otlier prison or place of conQnemeiit for any term not exceeding two years. Persons ro- XXV. And be it enacted, that if any person sentenced or or- ^urmnft tram (]Q,g,] or hereafter to he sentenced or ordt-red to be transported, 15 tr:in^port;\Uoii ' , , may be trird or who shall Iiavc a^TCcd or siiall agree to tiansport or banish hira- ^^' ' self or licrself on cerlain conditions, cither for life or for any number of years, shall be aflervv'ards at large within any part of tiiis Pro- rincc, contrary to such sentence, order or agreement, without some lawful cause, I)efore tl^.e expiration of his or her term o(20 transportation or banishment, every suc!i oOeniler shall be guilty of Felony, and sludl bo liable to bo transported beyond the Seas, for his or her natural life,f and previously to transportation shall bc imprisoned for anv term not cxceedino- four ^■ears ;+ and cvorv such oireridcr may ho tried either in the District, County, or25 Place where such offender sliall be found at large, or in the District, County, or Place, in or at which suc'a sentence, or order of transportation or banishment Was passed or made. AUofrationof XXVI. And be it enacted, that in any Indictment or informa- ^f"^''"^^' '^I'l- ^'"" aga.inst any dfendor for being at large in tliis Province con- 30 tion suriiciont, tvarv to the provisions of (his Act, or of any other Act hereafter without vclV- :: 1 _ r nee to in- * But see Vi(.. eay) 5. sec. 2. as to the shortest tcrai of hnprisonrncjit ia the Oictincnt. Prov'nria! Pi'nitonti.iry iiiulcr these Acts. + P'jt see G Vic. cap. .'). sec. 4. as to transportation. J But sec G Vic, cap. 5, sec. 2. o V ic. y case li suci) of any man- 5 ting to my for )ecially ct, and oncd at 10 )t less ison or or or- ;portc(I,ir> s!i lura- n umber lis Pro- williout tcrjin (»f20 c ji-uillv le Seas, m shall (1 every inty, or 25 in the nee, or nforma* ice con- 30 ereafler Chap. 24. OV CANADA. IS / to be in force in this Province, it shall be sufTiriont to allcf^o thf3 sentence or order of transportation or banishment of such olTondor, without alleging any indictment, information, trial, conviction, judgment or other proceeding, or any pardori or intention of rner- 5cy, or signification thereof, of or against or in any manner relat- hvj to such ofTender. XXVII. And be it enacted, that the Clerk of tlio Court or Ccriificate of other Giilcer having the custody of the llcconis of the Court jJ'f^J^ycTof where any such sentence or order of trai!sp:>rtation or banislimerit tlroCciivt.sui- lOshall I;avo been passed or miulo, or his .l)oj)ufy, shall, at tl:e re- j,,,;^;,,,^ ^4.. quest ofanv person on behalf of Her M;)josfy, make out and give a certificate in Writing, signed by him, containing the ellect and - \ substance only (omitting the formal i)art) of any indictment, infonriation, and conviction of sucii olu'ndor, and <)( the sentence ijor onk'r for his or her transportation or banishment, (not taking f »r tb.e f;ainc more tluin the sum of five shillings,) which ccrtiil- cato 'AvM be sulllcient evidence of the conviction and sentence or ordi'r fur the transportation or banishment of such olfender ; and every such certificate shall be received in evidence upon 20 proof of I !ic signature of the person signing the same. XXYIH. And be it enacted, that wliero any person shall he -^.j^ (-.^^j,, convicted of any oSfencc punishable under this Act, for which ;n;^voi-.l ♦ Eut SCO (5 Vic. cap. 5. sec. y. if the imprisonment bo for more than two ycv.is. 14 CniMlN'AL STATUTES 4 & 5 Vic. uin^'theCo^'rt ^^^ ^^^^^^^^ crimo, it sliall be lawful lor the Court to award im- iimy imss a se- prisonmcnt for tlic subsequent offence, to commence nt the exnira- to commence *'0" "^ *"G imprisonment to which such person shall have been r([uon''of'X P''®^'""*'^y sentenced ; and where sucIj person shall be already Hrst. under sentence of imprisonment, the Court may award such sen- 5 tence for the subsequent offence to commence at the expiration of the imprisonment to which sucii person shall have been previously senteaced, although the aggregate term of imprisonment may exceed the term for which such punishment could bo otherwise awarded. 10 for^"a''suirc-* XXX* And whercas it is expedient to provide for the more cap. 5. bcc, 3. 5 Vic. Clinp. 24. OP CANADA. 15 rd im- Dxpifa- 'e l)een already ch sen- ation of iviously nt may herwise le more ' after a )n shall lis Act ; victed of 1 5 previous lent con- iprisoncd term not prison orSO nrs ; and previous he offen- , without cate con- 25 mal part) , purport- r Ollicer the offen- c or Offi-30 no more, dentity of first con- iter of the person appearing to have signed the same ; and if any such Clerk, Officer, or Deputy shall utter any false certificate of any indictment and conviction for a previous Felony, or of any sen- tence or order of transportation or hanishment, or if any person, sother than such Clerk, Officer, or Deputj, shall sign any such certificate as such Clerk, Officer, or Deputy, or shall utter any such certificate with a false or counterfeit signature thereto, every such otTender shall he guilty of Felony, and heing lawfully con- victed thereof, shall he liable, at the discretion of the Court, to lObc imprisoned at hard labour in the Provincial Penitentiary for any term not less than seven years, or to be imprisoned in any other Prison or place of confinement for any term not exceeding two years. XXXI. And whereas it is expedient to abolish the punish- P"""^.™"* I5ment of the Pillory ; Be it therefore enacted, that from and after abolished, the commencement of this Act, judgment shall not be given and awarded against any person or persons convicted of any offence, that such person or persons do stand in or upon the Pillory, any Law, Statute or Usage to the contrary notwithstanding : Provided 20that nothing herein contained shall extend or be construed to extend in any manner to change, alter or affect any punishment whatever which may now he by Law inflicted in respect of any offence, excepting only the punishment of the Pillory. XXXn. And be it enacted, that from and after the commence- No Rcportto 25 ment of this Act, it shall not be necessary that any Report should Gov"crnor*^ of' be made to the Governor, Lieutenant Governor or Person admi- thccasoofanv , _, , , . . . , capital convict, nistenng the Government, in the case ot any prisoner convicted before any Court and now under sentence of Death, or who may i! be hereafter convicted before any Court and sentenced to the like I 30 punishment, previously to such sentence being carried into exe- I cution ; any Law, Usage, or Custom to the contrary notwith- i stand ini>. •■If. O 4 XXXIIL And bo it enacted, that whenever any offender shall -p^o Court hereafter be convicted before anv Court of Criminal Judicature, '"^7 atstain mm IC CRIMINAL STATUTES 4 Si o Vie. ! I ': 'I I fioni pronoun- oi* any Clime f^r which such olRindor shall he liahlo to the pun- wn " persons ishmont of Death, ami the Court shall be of oj)iiiion tliat, under f riim'H^'''\hl>^o ^ particular circiiinslancus of the case, such oU'ciuIor is a lit and to tliL' puiihih- proper ouhjoct to be recoinmundod for the Royal Mercy, it shall ,iiui onler tliu "''d may be lawiid lor such Court, il it sliali tlunk lit so to oo, to '•■' srinio to Ih! en- ilifcct tlio v)roper Oilicer, tiien buirio; present in the Court, to re- InrecJ of record. . / . . i • quire anil ask, (whereupon such OlHcer shall require and ask) whether such oilender lialh orknoweth any thing to say why Judg- ment of Dcatii should not bo recorded against such oU'endur, and in case such offender shall not allegeany matter or thing sulFicient in 10 Law to arrest or bar such Juilgment, the Court shall and may, and is hereby autiiorized to abstain from pronouncing Judgment of Death ujion such oflender, and instead of pronouncing such Judgment to order the same to be entered of Record, and there- upon such proper Oliiccr as aforesaid shall and may and is hereby 15 authorised to enter Judgment of Death on Record against such ollbndor in the usual and accustomed form, and in such and the same manner as is now used, and as if Judgment of Dcatli had actually been pronounced in open Court against such oilendcr by the Court. : Such record XXXIV. And be it enacted, that a Record of every such !o have t!io Judgment so et tered, as aforesaid, shall have the like effect to all if proiiounced. intents and be ollowcd by all the same consequences as if such judgment had actually been pronounced in open Court. Court to direct XXXV. And be it enacted, that whenever any offender shall2J| execution in jje^eafter be convicted before any Court of Criminal Judicature, certain cases. •' ' of any offence for which such offender shall be liable to and shall receive Sentence of Death, and the Court shall be of opinion that under the circumstances of the case, the Judgment of the jj^Qan Law ouffht to be carried into effect, it shall be lawful for the 3f said Court, and such Court is hereby required to order and direct execution to be done on such offender in the same manner as any Court is impowercd to order and direct execution by the Law as it stood before the passing of this Act. k 5 Vic. llio \nin- hut, umler is a lit anil ;y, it sliull >u to do, to ^1 jurt, to ro- c and ask) why Judg- iidur, and in suinciont inii 1 and may, '• Judu;mcnt incing such , and there- ainst such uch and the ■ Death had Clia]). iJI. OF CANADA. 17 XXXV'I. rroviik'd always, and ho it onnclud, lliat notliln'' in Not lo ntiVcf ii • 'a . . • I I M ,Y.' It »r • • tho Uuytili'rc- tliis Act contained shall allt.'Ct Her JMajcsty's Itoyal 1 rerogativcrogativo. of Mercy. XXXV'II. And f.)r (ho more cllcciual nrosi'culion of acccsso- Accessory he , . , ^ ,1 r 11 I II • 11 •( '"rc till' fact 5nes biMore tluj iacl lo rciony, Ise it enacted, that it any |)'-'i'son,„;iy bi-truHlas shall coiiiisol, procure or couimaiul anv otiicr i)ersun to CiMiiniif^'"'''' "5 '^''." any Felony, wliedier tiie same ho a Felony at Common Law, or !' gmcnt of the 4joand punished in either of such Districts or Counties: Provided wful for thes;! always, that no person who shall he once duly tried for any such er and direct I oU'ence, whether as an accessory before the fact, or as for a sub- anner as any I stantive Felony, shall ho liable to he again indicted cr tried for the Law as ] the same oHencc. I 18 CRIMINAL STATUTES 4 & 5 Vic. AcccBsoryaf- XXX VII I. Ami for lliG m M'c elTectiial iirosccntlon of nccosso- bctriedbyanvrics after the fact of Felony, lie it enacted, that if any person lifuT'^Surisdic-'^''''^' become an accessory afiur the fact to any Felony, whether lion to trytlit'tiio same be a Felony at Coniuion Law, m hv virtue of any Sta- principaU'elon. _ . i , i i .i /v e } r tute or Statutes made or to be made, the ollunce ol such person 5 may be inquired of, tried, determined, and punished by any Court which shall have jurisdiction to try the priticipal Felon, in the same manner us if the act by reason whereof such person shall have become an accessory hiid been committed at the same place IfthoofTencpas the principal Felony, although such act may have beeniO 1)0 committed • , , i • . i . i ' i t • i f * i t i in difleront committed either on the High Seas, or at any place on Land, districts or ^yhcther within Her Maicsty's Dominions or without ;* and in counties, ac- i • i • i • cessory may case the principal Felony shall have been committed within thcr? *" "the body of any District or County, and the act by reason whereof any person shall have become accessory shall havcll> been committed within the body of any <)tlier District or County, the offence of such accessory may be enquired of, tried, determi- ned and punished in either of such Districts or Counties : Pro- vided always, that no person who shall be once duly tried for any otfence of being an accessory shall Ijo liable to be again indictcdSd ; or tried for the same oll'ence. Accessory XXXIX. And in order that all accessories may be convicted aUa/"' J'^°,f"and punished in cases where the principal Felon is not attainted, conviction of Be it enacted, that if any principal oiTendor shall be in anywise the principal, . i ^ ti i • i n i i c i i though the convicted of any i'elony, it shall be lawlul to proceed againstSo principal bo jj^y accessorv either before or after the fact, in the same manner not attainted. • ' , . , . . i as if such principal Felon liad been attainted thereof, notwith- standing such principal Felon shall die, or bo pardoned, or other- wise delivered before attainder ; and every such accessory shall sulTer the same punishment, if such accessory be in anywise con- 3' victed, as such accessory should have suffered if the principal had been attainted. Offances com- — — — — roittcd on the * See Imperial Act, 43 Geo. III. cap. 138, as to oHVnrcs committed in the Indian boundaries of Territories, or parts of America not within the United ytatcs. t r. J t 1 i t 5 1 <) a c b 10 oi b< m w JjpC w nc an vc 8J vi of, th vc di 25 m in ce otf th 'soM a 111 a (I wl ofl 35 mi ha^ I I k 5 Vic. nccosso- y person wliL'thor any Sln- :\\ ])ers()n 5 uy Court )ii, in tliu ;i)n s)ic<11 une place ive been 10 on Laiul, * and in ed williin by reason iliall liavcl^ )r Comity, I, (letenni- ties : Pro- icd for any in indicted 20 3 convicted t attainted, in anywise }ed against 23 me manner »f, notwith- d, or other- jssorv shall lywise con- 3 c principal I in the Indian Chap. 21. OF CANADA. 19 XL. And for the more ollcctual j)roseculion of ofibnccs com- O.ToncM com- mitted near the Boundaries of Districts or of Counties, or partly h^umlnrics .'f in one District or County and partly in nnodier, He it enacted,'''"'"!".^ '^"'^ iiiiiy that where any Felony or Misilemeanor shall bo committed on l»o tried in n 5 the boumhiry or boundaries of two or more Districts or Counties, ^*'"' or within the distance of five hundred yards of any such bound- ary or boundaries, or shall be begmi in one District or County and completed in another, every such Felony or Misdemeanor may be dealt with, incjuired of, tried, determined, ami punished in any 10 of the said Districts or Counties, in the same maimer as if it liad been actually and wiiolly committed therein. XLI. And for the more cllbctual prosecution of oHences com- ^|^»'"''f8 ''oin- mitted during journios from place to jdaco, lie it enacted, that ,i journey of where anv Felony or Misilcmcanor shall he committed on any ?°y"/'"''. "'"y • , . Z IK- tricil in a/iv jj person, or on or m respect of any prop'^rty, \n or upon any coach, county or iiis- waggon, cart or olhor carriage, whatever, nmi)loyed in ""v jour-'{"|j[,.,J''''"jy|^.'^ ney, or shall be committed on any jjcrson, or on or in respect ofi-oudi, &c,, any property, on hoard any vessel whatever employed in any^''^''*''^' voyage or jouiney upon any navigable river, canal^ or inland na- 83 vigation, such Felony or Misdemeanor may bede.dt with, incpiired of, tried, determined, and punished in any District or County tiirougb any part whereof such coach, wiiggon, cart, carriage, or vessel shall have passed in the course of the journey or voyage, during which such Felony or Misdemeanor shall have been com- 25 mitted, in the same manner as if it had been actually conmiitled in such District or County ; and in all cases where the side, centre or other part of any highway, or the side, bank, centre or , When sidrR, other part of any such river, canal, or navigation, shall constitute wayconstiim'c the boundary of anv two Districts or Counties, such Felonv or!.'""P''"''>'' "'- «T' 1 r 1 1 • 1 • • 1 <. • 1 I ." tender niav I'o oO Misdemeanor may bo dealt with, riMjuned ol, tried, determined, tried in either and punished in either of such Dii^tri^ts or Counties, through or^„y"Jy ""^ adjoining to or by the boundary of any part whereof such coach, waggon, cart, carriage, or vessel, shall have passed in the course of the journey or voyage, Juring which sucn Felony or Misde- 33 meanor shall have been committed, in the same manner as if it had been actually committed in such District or Countv. B IT 20 CRIMINAL STATUTES 4 & 5 Vic. jiiIiiJictinm.tH X\A\. And in order to romovo llio dinicully of stutinij the lommiVil'on names of all the o\vri(M-s ()fi)n)[)orty, in the ease of partners and t!\r proiH'ny ofjj^jjgr j„i,jt (,^ypypj^^ I^^, jt (.nintDil, that in any Indictment or In- I.iiiy be laid ill formation lor any lehiny or Misdemeanor, wlicreni it shall be rc- uny ono P'^- ^-^.-^ j^, ^^^.^^^^ {|,p o^viicrshii) of anv prouerfv whatsoever, whether & nor l>y nuino, i i . i i . > ^ ^ RiidoilioM. real or personal, which shall hoh'.ng to or he in the possession of moro than one person, whether such persons he partners in trade, joint tenants, parceners or tenants in common, it shall ho sullicient to name ono of such persons, and to state siicii property to helong to the persons so named and another or others, as the case may bo ; '" and wlu^ncver in any Indictment or Information for any Felony or Misdemeanor, it shall be necessary to mention for any purpose whatsoever, anv partners, joint tenants, parceners or tenants in common, it shall be snOTiciont to descrilie them in tlie manner aforesaid; and tins provision sliall bo construed to extend to alM^^ joint-stock companies and trustees. ) luInJictrr.ont3 Xrilll. And be it cnactcd, that in any Indictment or Informa- (x roliitlmrTo^'"'* ^^^^ ''"V Felony or rvlisih^neaiior commlttci! in, upon, ov with oiivircriics, respect to anv Cluirch, ('Impel or Place ofKclis-ious VVor.shii), or J!rii!'fcs) or i. • i " y. f^ \ /-. i ,t <- ,^ • j.iiiilic build- to any li rulge, (./ourt. Court-house, Ga.)!, liousc ol Correction, 2(> iiKM, property Ponitenliarv, Infirmarv, Asvlum, or other public buildiiiLi', or any Ijrcil not 1)0 - ' .7,7 I o' J iincA asivins; Canal, Lock, Drain or Sewer erected or maintained in whole or ia any iwison. . . , t\ c ,] ^^ • i* i- • • i in ])art at tlie expense ol tiie irovince, or ol any division or sub- division thereof, or on or with respect to any Materials, (ifoods or Cliattels, whatsoever, pr(Jvido(l for or at the expense of the Pro- 2.'^ vince, or of any division or sul)-di\ision thereof, to be used for making, altering or repairing anv Bridge or Highway, or anv Court or other such buildirfg, Canal, Lock, Drain or Sewer, as aforesaid, or to bo used in or with any such Court or other build- ing. Canal, Lock, Drain or Sewer, it sluill not be necessary to 30 stale such Churcli, Chapel or Place vl' Ilcligious Worship, or such Bridge, Court, Court-house, Gaol, House of Correction, Peni- tentiary, Infirmary, Asylum, or other building, or such Canal, Lock, Drain or Sewer, or any such Materials, Goods, or Chat- tels to be the properly of any person. 1 V ■a ( i i or, J a i '• ^ 1 ■I : Ciinp. 21. OF CANADA. SI XlilV. And with rospcct to properly iindor Turnpike _ l'i"'^i;<"i'iy <>i Trusts; 13c it cMinctcd tlint in any Indictment or Information ioi'ir',"^ inay»>c any Folony or Misdomoanor, committ(!(l on or with respect to''"' «" 'Ifi'"- any houso, buiMing, gate, machine, himp, hoard, stone, j)ost, r)ren(e or other thing erected or provided, in pursuance of any*Act in force in this Province, for making any Turnpike Road, or of any conveniences or appurtenances thereunto respectively beh)ng- irig, or any materials, tools or implements provided for making, altering or repairing any such Road, it shall he sulFicient to slate lOMny such property to belong to the Trustees oi Commissioners of such Road, and it shall not be necessary to spccil'y the names of any such Trustees or Commissioners. XLV. And for preventing abuses from dilatory pleas, Be it Ii>er or per- fect venue, where the Court shall appear by the Indictment or Information to have had jurisdiction over the offence. XLVII. And be it enacted, that no Judgment after verdict i(> Certain for- Mot tostay "or^P^^i '"i^y I'l^^'ctment or Information for any Felony or JNIiscle- reversf judg-j-j^pjjj-jm, gjjj^n ^^^ staved or reversed (or want of a similiter, nor diet. by reason that tlic Jury process has been awarded to a wrong Officer upon an insuHiciont suggestion, nor for any misnomer or misdescription of the Officer returning such process, or of any of 15 the Jurors, nor because any person has served upon the Jury a\ ho has not been returned as a Juror by the Sheriff or other Officer ; and that where the offence cliarned sliall be an offence theretofore created by any Statute, or sultjoclcd to a greater degree of pimisli- ment, or excluded from the benefit of Clergy, by any Statute, lliejjo Indictment or Information shall after verdict he held sufficient if it describe the offence in the Vvurds of the Statute creating the of- fence, or presi:riblng the punislunenl, or excluding ihe offcmler from the benefit of Clergy. Kiiect of a XLVIII. And be it declared and enacted, t'lat where tlieSD frne or <'":h1i- Qijecn's Maiestv, or the Governor, Lieuleiiant Governor, or Per- tional pardon ^ , i- i • i-» • p \ of a convict, son admiii'sterino- the Government ol this Province for trie timo being, shall bo pleased to (\stend t!\e Royal JMercy to any oficn- der convicted of any Felony, punishable with death or otherwise, and by warrant under the IJoyal Sign Manual countersigned hy r^ one of the Principal Secretaries of State, or by warrant under the hand and seal at arms of such Governor, Lieutenant Governor, or Person adminisloring the Government as aforesaid, siudl grant to £uch offender either a free or a conditional pardon, the discharge k 5 Vic. lames, nor ommiltedy fence, nor -•e to have he Indict- & e ihy, or er or per- ftinent or T verdict 10 )r Misde- iliter, nor ) a wrono: momer or of any of in- Jury ^vho Officer ; [leretufore i)f pvmi.sli- atute, tJie-2(( fficiorit if ng the of- : oiTcmler here the 25 r, or Per- the time ny ofien- therwise, ii'.ned by ^a under tfio •eruor, or gciint to .lisc!!arM;o Chap. 24. OF CANADA. 23 of such offender out of custody, in case of a free pardon, and the performance of the condition in the case of a conditional pardon, shall have the effect of a pardon under the Great Seal for such offender, as to the Fehmy for which such pardon shall have been 5 granted : Provided always, that no free pardon, or any such dis- charge in consequence thereor, nor any conditional pardon, nor the l)erformance of the condition thereof, in any of the cases afore- said, shall prevent or mitigate tlie punishment to which the of- fender might otherwise ho lawfully sentenced, on a subsequent 10 conviction for any Felony committed after the granting of any such pardon. XLIX. And whereas the piaclice of indiscriminately estreating RocognizancM recognizances for the ai)pearance of persons to prosecute or give ]"ot''urbc'^cs- evidcnce, or to answer for a common assault, or in the other cases trer.tcil without 15 hereinafter specified, hiy been found in many instances produc-j,,^/^"*^'' "" tive of hardship to persons who have entered into sucii recogniz- ances ; Be it therefore enacted, that in every case where any per- son bound by recognizance for his or her appearance, (or for whose appearance any other person shall be so bound) to prosc- 20 cute or give evidence in any case of Felony or INIisdemcanor, or to answer for any common assault, or to articles of the peace, shall therein make default, the oOicer of the Court by whom the estreats are made out, shall, and such Officer is hereby required to prepare a list in writing, specifying the name of every person so making i>j default, and the nature of the offence in respect of which every ruch person, or his or her surely was so bound, together with thoi residence, trade, profession, or calling of every such person and surety, and shall in such list distinguish the principals from the sureties, and shall state the cause, if known, why each such person 30 li'is not appeared, and whether by reason of the non-appearance of such person, the ends of Justice have been defeated or delay- ed ; and every such Officer shall, and such Officer is hereby re- quired, before any such recognizance shall be estreated, to lay such list, if at a Court of Oyer and Terminer or Gaol Delivery in 35 any District or County, or at any of Her Majesty's Superior *:•-¥ it 24 CniMINAL STAfUTES 4 & 5 Vie. ' ';- « I i Courts of Reconl in this Province, before one of the Justices of tliosc Courts, respectively, or if at ii Session of the Peace, before two of the Justices of the Peace, who shall have attended sucli Courts, who aro respectively authorized and required to examine sucli list, and to make such order touching the estreating or putting '■ in process any such recognizance as shall appear to tliem, respect- ively, to be just ; and it shall not bo lawful for tlie OfTicer of any Court to estreat or put in process any such recognizance without the written order of the Justice or Justices of the Peace before wliom respectively sucli list shall Inive been laid. 10 Kuioiortho L. And be it enacted, that w^Iierever in tliis Act or in any !!i"tii!:'raMil'*Ml"^''^^' Act relating to any oHencc, wliotlier punishable upon Indict- cri;nin:il Art;^, ment or Summary conviction, in describing or referring to the of- fence or the subject matter on or with respect to which it shall be committed, or the olfender or the party atTected or intended to 15 bo aifected by the offence, any word or words liave been or shall be used or em[)loyed importing tlie singular nmnber or the mas- culine gender only, every such Act shall be understood to include several matters of the same kind, as well as one m;ittcr, and se- veral persons as v;ell as one person, and females as well as males, 2( and bodies corporate as well as individuals, unless it be otherwise specially proviilcd, or there be something in the subject or con- text repugnant to such construction ; and wherever any forfeiture or penally is or shall be made payable to a part) aggrieved, it shall be payable to a body corporate in every case where such a 25 body shall be the party aggrieved. All Actsro- LI. And be it enacted, that all Acts or parts of Acts or pro- puL^aanttothis^.jgjgj^g of Law in forcc in this Province, or any part thereof, im- Act ropcalctl. _ . . mediately before the time when this Act shall come into force, which shall be inconsistent with or contradictory to this Act, or 30 which make any provision in any matter provided for by this Act, other than such as is hereby made in such matter, shall from and after the time when tliis Act shall come into force, be and they are hereby repealed, except in so far as may relate to any k 5 Vic. istices of e, beibro (lc(] such examine ir putting ; , respect- er of any 1 without :e before 10 r in any n Indict- o the of- it shall ended to 15 or shall lie mas- ) include and se- is males, 2t therwise t or con- Drfeiture eved, it ) sucli a 25 or pro- 'eof, im- o force, Act, or 30 by this all from , be and 3 to any Chap. 24 k 25. of Canada. 26 oifence committed bofurc the coramoncement (-f this Act, »vhicli shall be dealt with* and punished as if this Act had not been passed. LII. And be it enacted that t!iopori'>d of imprisonment in the Fromuhutpo- , 15 • • I o •, ^ • f 1 1 rioil the iiiiriri- b rrovinciai renitentiary, in pursuance ot any sentence passed un- son,np„t is to der this Act or under any other Act relating to the punishment of ^i^ reckoned. oiTences by confin3:n;;nl and im[)rison:nent in the Provincial Peni- tentiary, shall be held to commence from the period of passing such sentence, wliether ihe convict upon whom such sentence 10 shall be passed shall bo removed to the saiil Provincial Peniten- tiary forthwith, or be detained in custody in any other prison or place of confinement, p^eviouL^ly to such removal. LIII. And be it enacted, that this Act shall commence and Commonr.?- take effect from and after the first day of January one thousand Act* *"* ^'"'' 15 eight hundred and uirlv-two. CAP. XXV. An Act for coiis:;l!datiir»' and amciulin"' the Laws in this Province, relativx^ to Lai'ccny and other Oflences connected therewith. [I8th September, 1S41.] 'MT'IIEREAS it is expedient to amend and consolidate the Preamble provisions contained in various Statutes now in force in this Province, relative to Larceny and other offences of steal- ing, and to Burglary, Robbery, and t!u-eats for the purpose of 20 Robbery or of Extortion, and to Embezzlement, False Preten- ces and the Receipt of stolen properly; Bo it therefore enacted by the Queen's most Excellent IMajesty, by and with the rfdvice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled * ^ut SCO the forcgoini;; pi-ovidions ot'tlic Act, as to incii.icnts and matters with re" gard to which such provisions may be conbistciit with this exception. \ .>. 'W!f I ! J- ii*4-.imtni'M 'I ;! i\ I f. 26 CRIMINAL STATUTES 4 & 5 Vic. by virtue of and under the authority of an Act passed in the Par- liament of the United Kingdom of Great Britain and Ireland, intituled An Act to Re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada^ and it Commence- js J^ereby enacted, by the. authority of the same, that this Act 5 shall commence from and alter the first day ol January, one thousand eiglit hundred and fo^ty-t^vo. Distinction H. And be it enacted, that tlie distinction between Grand Gram] & Pot ty^''^''*^^"y and Pcdy Larceny sliall be abolished; and every Lar- Lnrccny abo-(.ej;,y whatever be the value of the proi)erty stolen, shall be 10 lishcd ; ill! Lar- •' , , ,i , i • i ceny shall be deemed to be of the same nature, aiul shall be subject to Uie same q^"^j*^''''l,^^^ incidents in all respects, as Grand Larceny was before the com- ccny. mencement of this Act ; and every Court wliose power as to the trial of Larceny was, before (!ic commencement of tliis Act, limited to Petty Larceny, shall have power to try every case of 15 Larceny, the punisliment of whicli cannot exceed the punishment hereinafter mentioned for simple Larceny, and also to try all ac- cessories to such Larceny. III. And be it enacted, lliat every person convicted of Simple l^^jy Larceny, )r of any felony hereby made punishable like Simple 20 Punishments for simple Lar ceny, or felonj punishable as Larceny, shall (except in tlio cases hereinafter otherwise pro sucli. ■ vided for) be liable, at tlic discretion of the Court, to be impri- soned at hard labour in the Provincial Penitentiary for any term not less than seven years,* or to bo im})risoned in any other prison or place of coniinement for any term not exceeding two years. 25 ForallofTcn- IV. And with regard to I'hc place and mode of imprisonment Act 'iianl la-f^^f ^'^ indictable oflenccs punishjiblo under this Act; — Be it en- hour or solitary acted, that where anv person shall be convicted of anv felony or confinement . , • i " i i i • » r , ■ , ' may he added misdemeanor punishable under tins Act, for which imprisonment incnr'"^°"" ^'^y ^^ awarded, it shall be lawful for the Court to sentence the 30 offender to be imprisoned, or to be imprisoned and kept to hard labour, in the Common Gaol, or House of Correction, and also to * But sec G Vic. c. 5. !■ k 5 Vic. the Par- Ireland, per and If, and it this Act 5 ary, one 1 Grand cry Lar- shall be lO I he same he com- as to the liis Act, y case of 15 lislimont y all ac- f Simple Simple 20 kMse pro- e impri- my term iv prison years. 25 isonment e it en- olony or isonment ence the 30 to hard d also to Chap. 25. OF CANADA. 27 direct that the offender shall be kept in solitary confinement for any portion or portions of such imprisonment, or of such impri- sonment with hard labour, not exceeding one month at any one time, and not exceeding three months in any one year, as lo the 5 Court in its discretion shall seem meet. V. And be it enacted, that if any person shall steal any tally, order, or other security whatsoever, entitling or evidencing the title of any person or body corporate to any share or interest in any Public Stock or Fund, whether of this Province or of the 10 United Kingdom of Great Britain and Ireland, or of any British Colony, or of any Foreign State or Colony, or in any fund of any body corporate, company or society, or to any deposit in any Savings Bank, or shall steal any debenture, deed, bond, bill, note, warrant, order, or other security whatsoever, for money oi for J5 payment of monies, whether of this Province or of Great Britain, or of any British Colony, or of any Foreign State or Colony, or shall steal any warrant or order for the delivery or transfer of any goods or valuable thing, every such offender shall be deemed guilty of felony, of the same nature and in the same degree, and 20punishable in the same manner, as if he had stolon any chattel of like value with the share, interest, or deposit to which the securi- ty so stolen may relate, or with the money due on the security so stolen or secured thereby and remaining unsatisfied, or with the value of the goods or other valuable thins; mentioned in the war- 25 rant or order ; and each of the several documents hereinbefore enumerated, shall, throughout this Act, be deemed for every pur- pose to be included under, and denoted by, the words "valuable security." VI. And be it enacted, that whosoever shall rob any person, 30 and at the time of or immediately before or immediately after such robbery, shall stab, cut, or wound any person, shall be guilty of Felony, and being convicted thereof shall suffer death. Stealing pub- lic or privato srcuritics for money, or war- ranto for <50oils, fv(!. shall bi; felony punish- able aeeordin^ to the circum- stances, as stealin^r rfoods. Rule of inter- [relation. Punishment of robbery at- tended with cutting, &c. VII. And be it enacted, that whosoever shall, being armed q^ robbery with any offensive weapon or instrument, rob, or assault with in- attended with violence. 28 CRIMINAL STATUTES 4 & 5 Vic. tent to rob any person, or shall, together with one or more person or persons, rob or assault with intent to rob any person, or shall rob any person, and at the time of or immediately before or im- mediately after such robbery, shall beat, strike, or use any other personal violence to any person, shall be guilty of Felony, and ^ being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned at hard labour in the Provincial Peni- tentiary for the term of his natural life, or for any term not less than seven years,* or to be imprisoned in any other Prison or [>lace of confinement for any term not exceeding two years. lo Punishment VIII. And bo it enacted, that whosoever shall accuse or j^Q °^y'"|j""^tlireaten to accu.«e any person of the abominable crime of Bugge- thrcat of ac- i-y^ committed either witli mankind or witli beast, or of any cusino; of un- ' , . i . , , • • • i i • i i • V natural crimes, "issault With intent to commit the said abominable crime, or ol any attempt to endeavour to commit the said abominable crime, i5 or of making or offering any solicitation, persuasion, promise or threat to any person whereby to move or induce such person to commit or permit the said abominable crime, with a view or intent in any of the cases aforesaid, to extort or gain from such person, and shall by intimidating such person, by such accusati-20 on or threat, extort or gain from such person any property, shall be guilty of Felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be imprisoned at hard labour in the Provincial Penitentiary for the term of his natural life, or for any term not less than seven years,* or to be imprisoned in 25 any other Prison or place of confinement for any term not ex- ceeding two years. Punishment IX. And be it enacted, that whosoever shall rob any person, from^^thc ifor-"'' ^'^^^' ^*^^^^ ''^'V chattel, money, or valuable security from the person of another, shall be liable, at the discretion of the Court, 30 to be imprisoned at hard labour in the Provincial Penitentiary for any term not exceeding fourteen years nor less than seven years,* or to be imprisoned in any other Prison or place of con- finement for any term not exceeding two years. * But see G Vic. c. 5. son. E 5 Vic* Clmp. 25. OF CAlSfADA. S9 e person or shall c or im- ly other ny, and 5 )n of the ial Peni- not less *rison or rs. 10 :cuse or fBugge- • of any ne, or of e crime, 15 omisc or )erson to view or •om such :\ccusati-20 rty, shall e liable, ^bour in life, or JO net! in 25 not cx- ' person, from the 3 Court, 30 itentiary m seven ; of con- X. And be it enacted, tlint wliosoever sliall assault any person, Punishmpnt with intent to rob, shall be guilty of Felony, and being convicted j^tLM^uo rob. thereof shall (save and except in cases where a greater punish- ment is provided by this Act,) bo liable to bo imprisoned for any 5 term not exceeding three years.* XI. And be it enacted, that whosoever shall, with menaces or Attpmpiin^ by force, demand any Chattel, Money, or Valuable Security, ofperty by me- any person with intent to steal the same, shall be guilty of Felony, "''^'^"' and being convicted thereof, shall be liable to bo imprisoned for 10 any term not exceeding throe years.* XII. And be it enacted, that if any person shall knowingly Spmling let- send or deliver any letter or writing, demanding of any person jj'J|,,^_^°"^"/"|"Jf with menaces, and without any reasonable or probable cause, "'""'''^j *" ^^■ , ,, , III -x -c 1 ,, tort money, Sic. any chattel, money, or valuable security ; or it any person shall isaccuse or threaten to accuse, or shall knowingly send or deliver any letter or writing, accusing or threatening to accuse any per- son of any crime punishable by law with Death, or Transporta- tion, or of any assault with intent to commit any Rape, or' of any attempt or endeavour to commit Rape, with a view or intent to •20cxtort or gain from such person any chattel, money or valuable security, every such oflender shall bo guilty of Felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be imprisoned at hard labour at the Provincial Penitentiary for any term not less than seven years,* or to be imprisoned in 25 any other Prison or place of confinement for any term not exceed- ing two years. XIII. And belt enacted, that if any person shall break and Sacrilegcwhcn enter any Church or Chapel, and steal therein any chattel, or^'^'^P''^^" having stcden any chattel, money, or valuable security in any 30 Church or Chapel shall break out of the same, every such olfen- der being convicted thereof, shall be liable to be imprisoned at hard labour at the Provincial Penitentiary for any term not less * But see G Vic. c. 5. ■f1 30 CRIMINJIi:, STATUTES 4 & 5 Vic. than seven years,* or to be imprisoned in any other Prison or place of confiuemcnt for any term not exceeding two years. Burglars uainjr XIV. And be it enacted, that whosoever shall burglariously ferdcaUi.'^''" '^•'^^'^'^ '"^"^^ <^"^cr into any Dwelling Ilouse, and shall assault with intent to murder any person being therein, or shall slab, cut, f> wound, boat or strike any such person, shall be guilty of Felony, and being convicted thereof shall suffer death. Punishment ^^^' ^^^^^ ^^ ^^ enacted, that wliosocver shall bo convicted of of Burglars, ti,^ erime of Burghiry shall bo liable, at the discretion of the Court, to be imprisoned at hard labour in the Provincial Pcniten- 10 tiarv for the term of his natural life, or for anv term not less than seven years,* or to be imprisoned in any other Prison or jjlacc of confinement for any term not exceeding two years. When break- ^VJ. Provided always, and be it enacted, that so far as the ingintoahouse same is essential to the olfenco of Burglary, the night shall be i-^ glary. considered and is hereby declared to commence at nine of the clock rn the evenins: of each dav le of the X of the it is hore- house of (lwcllinlxry in I'll- I.I.I • ' I ii 1 ""V buildini' enter any huilding, and steal llicM-oin any chattel, money, or va-^vii|,i„ the lOhialilo sccuritv, such buildino- bciii<>; within the curtilai2;e of a*^'""': ^^urtilago 1 II- I 1 • 1 I ■ I 1 1 • '^^^ *"" hoiwc, dwelling house, and occu[ue(l therewith, but not being part but not privi- thereof, according to the provision hereinbefore mentioned, cveryJ'j'j'^"j^y*|.P"'"^ such olVender, being convicted thereof, (either upon an indict- ment for the same oU'ence, or upon an indictment for burglary, ii» house breaking, or stealing to tlie value of five jjounds sterling in a dwelling house, containing a separate count for such ollence,) shall be liable to be imprisoned at hard labour in the Provincial Penitentiary for any term not exceeding fourteen years, nor less than seven years,* or to be imprisoned in any other Prison or 2^ place of confinement for any term noi exceeding two years. XX. And bo it enacted, that if any person shall break and Robbery in .-i enter any Shop, Warehouse, or Counting House, and steal therein ^j^^'^'^. ^^^^ any chattel, money or valuable security, every such ofiender, being convicteil thereof, shall he liable to any of the punishments ^ which the Court may award as hereinbefore last mentioned. XXI. And be it enacted, that if any person shall steal any st,.(j]in^ „oojf> Goods or Merchandize in anv vessel, barge, or boat of any de-f™'" "•^•'^^f' , ' in a port, river, scripti(m whatsoever, in any port of entry or discharge, or upon or canal, &c, any navigable river or canal, or in any creek belonging to or ■'^0 communicating with any such port, river or canal, or shall steal any goods or merchandize from ;niy dock, wharf or quay, adja- cent to any such port, river, canal or creek, every such offender, * But see G Vie. c. 5. ■J " K |l!' CniMINAL STATUTES 4 & 5 Vio. 10 boiiit^ convicted (licreof, slinll bo liable to any of tbc pniiishtDonts wJiich the Court may awaitl us heroiiibelbre hist mentioned. I'uniHliniont XXII. And be if omcted, that wliosocvcr sliall j)lun(Icr or for wrcckin:!. • ■ . c i • i i • i i n i • i- , ^ steal any part oi any fmip or vessel which shall bu in distress, or wrecked, stranded or cast on dioro, or any ^oods, merchandize, or articles of any kind heh)nu;Ini» to such ship or vessel, and be convicted tlieroof, shall l)C liable, at the discretion of the Court, to bo imprisoned at hard labour in the Provincial Penitontiaty for any term not cxceedini!; fourteen years, nor less (ban seven years,* or to be imprisoned in any other i^'ison, or place of conlineuienl for any term not exceeding two years. Persons in XXIII. And 1)0 it o^;:'.cte(l, that if any Goods, Mcrcliandizo, or poitirssion ot .,,.f,(.iL.s of anv kind, belon^in;;- to anv siiip or vessel in distress. tiliijiwrivkcil - ' rt n . x ^ > ;foo(l^, not <,'iv- or wrecked, stranch.ul, or cast on shore, as aforesaid, shall by vir- !"fv'\c!cl!imt' ^"^' '^^" search warrant, to be granted as hereinafter mcntionod, i:> sluill pny .1 110- [)o found in the possession of any jjerson, or on the premises of anv person with his knowledge, and such person, being carried before a Justice (tf the Peace, shall not satisfy the Justice that ho came lawfully by tiic same, then t!ic same shall, by order of the Justice, be forthwith delivered over to, or for the use of the eo rijiiiifui owner thereof ; and the oHender, on conviction of such oilenco before the .lustice, shall forfeit and pay such sum of mo- ney, not exceeding twenty pounds, as to the Justice shall seem meet. If r.ny person XXIV. And bo it enacted, that if anv person shall offer or ^!;' uiFcr shii> expose for sale anv Goods, Merchandize or articles whatsoever, ihr salo, tlio which shall have bei-n unlawiuily taken, or reasonably suspected n i^oods niay bo g^ j^ j^j^yg been, from any ship or vessel in distress, or wrecked, stranded, or cast on shore as aforesaid, in every such case any pei'son to whom the same shall be ollcred for sale, or any t)(ncer :i( of the Customs, or Peace OlTicer, may lawfully seize the same, and shall with all convenient speed carry the same, or give notice * But see G Vic. c. 5, i II Clinp. 25. or caxada. 33 of such seizure, to some Justice of tlio Peaco ; nnd if the person who shall have ollorod or cxposcil the saino for sale, hciiig duly summoned by such Justice, sliail not appear and satisfy tlie Jus- tice that ho came lawfully by such goods, merchaiidizL' or articles, 6then the same sliall, by order of the Justice, bo forlhwilli dclivor. ed over to, or for the use of the righlful owner thereof, upon payment of a reasoiiaitlc reward, (to hj ascertained by the Jus- lice,) to the person who boized the same ; anil the (Wlc-nder, on conviction of such oHencc by the Justice, shall forfoit and pay lOsuch sum of money not exceeding twenty pounils, as to the Jus- tice shall seem meet. XXV". And bo it enacted, that if any person sliall steal, or Tliu sUv.lin!: OTiU sliall for any fraudulent purpose take from its place of deposit f"r 'lil.i 'ot],^!j.'^^"'^'''^ the time bcini^, or from any person having the lawful custody f<;<^'''"''i« •>'' ^''thereof, or shall unlawfully and maliciously obliterate, injure, orii-.,.|L''cc, destroy any record, writ, return, panel, process, interrogatory, deposition, afiidavit, rule, order or warrant of attorney, or any orIi>inal document whatsoever, of or bcdonoinp- to anv Court of Justice, or relating to any matter, civil or criminal, begun, de- -Opondingor terminated in any such Court, or any l>ill, answer, interrogatory, deposition, aifidavit, order or decree, or any origi- nal document whatsoever, of or belonging to any Court, or relat- ing to any cause or matter begun, depending, or terminated in any such Court, or any notarial minute, or tlie original of any -5 other authentic act, every such oflbnder shall bo guilty of a mis- demeanor, and, being convicted thereof, sliall bo liable, at the discretion of the Court, to be imprisoned at hard labour in the Provincial Penitentiary, for any term not exceeding fourteen years, nor less than seven years,* or to be imprisoned in any other 30prison or place of confmcjment for any term not exceeding two years, or to sudor such other punishment by fine or imprisonment, or by both, as the Court shall award ; and it shall not in any indictment for such oirence be necessary to allege that the article, * But 3CC C Vic, c. 5, ••. f5 84 CRIMINAL STATUTES 4 & 5 Vic. in respect of wliicli the offence is committed, is tlio property of any person, or that tlic same is of any value. The stoaling XXVI. And bo it enacted, tliat if any person shall, eitlicr du- vVc. of Wills, ring tho life ^^f ti,^ testator or testatrix, or after his or her death, steal, or for any fraudulent purpose ilostroy or conceal, any will, :> codicil or otiior teslamoiitary instrument, whother the .same shall relate to real or personal estate, or to both, every such olfcnder shall be guilty of a misdutncaiuir, and being convicted thereof, shall be liable to any of the j)unishments which the Court may award, as hereinboforo last mentioned ; and it shall not in any ki indictment fur sucli oll'ence be necessary to allc<;o that such will, codicil, or other iuslrunieut, is (he property of any person, or that the same is of any value. The stealing XXVII. And bo it enacted, that if any person shall steal any "fwritinsH ro- . . • i i -i. '• i i ii Jiitivo to real "'''g'^fd p^jJcr or partibmcnt, written or printed, or partly written j'l cstuti's. ,,„,] pjirtly piintcd, being evidence of the title, or of any part of the title to any real estate, every such ollender shall be deemed guilty of a misdemeanor, and being convicted thereof, shall be liable to any of tlie punishments which the Court may award, as liereinbcfore last mentioned ; and in any indictment for such 'jii oifence, it sliall be sullicient to allege the thing stolen to bo evi- dence of the title, or of part of the title, of the person or of some one of the persons having a present interest, whether legal or equitable, in the real esta ^ to which the same relates, and to mention such real estate or some part thereof; and it shall not 2j be necessary to allege the thing stolen to be of any value. These provi- XXVIII. Provided always, and be it enacted, that nothing in sions as to tijjs ^(;|; contained relating to either of the misdemeanors afore- willrt anil wri- . . . , i i i tings shall not said, nor any proceedmg, conviction or judgment, to be had or lessen any oth- ^^j^p,-, thereupon, shall prevent, lessen or impeach anv remedv at 20 cr roinc'ly. i > i ' i ./ * law or equity, wliich any party aggrieved by any such offence, Conviction i^i,,|,t or vvould have had if this Act had not been passed ; but shall not 1)1' evi- o ^ ' . 25. or CANADA. Sft f, in evidence in any action at law or suit in niuily against liim ; nu^iin-'t oiVm- and no person shall be liaide to be convicled of either of the mis- demeanors aforesaid, hv any evidiuice whatever, in resiiect of ^>lll■ll.!^•l•^!.l.ll any act done by iiim, il he shall at any time previously to Ins cii i>yi-\ulriH» ') being indicted for such olVeiice, have dischised such act, on oath, |,-'^,'^',7i' '^ in coiiseiiuenco of any compulsory process of any Court of I^aw or Equity in any action, suit or proceeding which shall bavo been bona fide instituted by any party aggrieved, or if \\v. shall have disclosed the same in any examination or deposition before lOany Commissioners of Bankrupt. XXIX. And bo it enacted, that if any person shall steal any Stcalnj i. ,- horse, mare, gelding, colt or filly, or any bull, cow, ox, heifer or ,>^iir,.,,, ^\,,..' calf, or any ram, ewe, sheep or lamb, or shall wilfully kill any of such cattle with intent to steal the carcase or skin, or any part 15of the cattle so killed, every such offender shall be guilty of Fehi- ny, and being convicted thereof, shall be liable, at the discretion of the Court, to be imprisoned at hard labour in the Provincial Penitentiary for any term not exceeding fourteen years nor less than seven years,* or to be imprisoned in any oilier Prison or 20 place of confinement for any term not exceeding two years. XXX. And be it enacted, that if any person shall steal any StcnlinfrlV-. I I 11 I I 1 • I !• -1 1 • r- "'' ''t''^'*5 or dead tenco, or any wooden post, pale, or rail, set up Siisippctcd pcr-ons in ix)S- ;-,i-ssion of ■VDOil, &c. not lialisi'iii'tonly rtr •oiiiitiiiiT for Sbalinjr, &■("■• of any vcgcta- ')k) in'oduction i!i a {farJcn, (&c. iiuiiishablc «)ti summary conviction. or used as a fence, or any stile or gate, or any part thereof, res- lO pectively, every such offender, being convicted before a Justice of the Peace, shall for every such offence forfeit and pay, over and above the value of the article or articles so stolen, or the amount of the injury done, such sum of money not exceeding five pounds, as to the Justice shall seem meet. 15 XXXIII. And be it enacted, that if the whole or any part of any tree, sapling or shrub, or any underwood, or any part of any live or dead fence, or any post, pale, rail, stile, or gate, or any part thereof, being of the value of two shillings at the least, shall, by virtue of a search warrant, to be granted as hereinafter mentioned, 20 be found in the possession of any person, or on the premises of any person with his knowledge, and such person, being carrieil before a Justice of the Peace, shall not satisfy the Justice that he came lawfully by the same, he shall on conviction by the Justice, for- feit and pay, over and above the value of the article or articles so-' found, any sum not exceeding two pounds. XXXIV. And be it enacted, that if any person shall steal, or shall destroy, or damage with intent to steal any tree, sapling, shrub, bush, plant, root, fruit, or vegetable production growing in any garden, orchard, nursery-ground, hot-house, green-house, or 30 conservatory, every such otTender, being convicted thereof before a Justice of the Peace, shall forfeit and pay, over and above the value of the article or articles so stolen, or the amount of the injury done, such sum of money, not exceeding five pounds, as to the 2> are use ant san any 30 sha , per 1 by ste: ft i 5 V\c. TV such sliall fur le of the 10, such Justice 5 steal, or part of set up eof, res- 10 Justice over and ! amount pounds, 15 r part of rt of any any part shall, by Mitioned, 20 es of any id before he came tice, for- 'ticles so ~5 steal, or sapling, )wing in ouse, or 30 nf before )ove the le injury s to the Cliap. 25. OF CANADA. S7 Justice shall seem meet; and if any person so convicted shall after- wards commit any of the said offences, such offender shall be deem- ed guilty of felony, and being convicted thereof shall be liable to be punished in the same manner as in the case of Simple Larceny. 5 XXXV. And be it enacted, that if any person shall steal, or stealing, &v. shall destrov or damao-e with intent to steal, any cultivated root "*;<'g"f'^^''« l"^"- "^ ^ . . „ iluctions not or plant used for the food of man or beast, or for medicine, or for prowing in gar- distilling, or for dyeing, or for or in the course of any manufac- *'*'"*'' ^' ture, and growing in any land open or enclosed, not being a gar- lOden, orchard or nursery-ground, every such offender, being con- victed thereof before a Justice of the Peace, shall forfeit and pay over and above the value of the article oi articles so stolen, or the amount of the injury done, such sum of money, not exceeding twenty shillings, as to the Justice shall seem meet, and in default 15 of payment thereof, together with the costs, if ordered, shall be committed to the House of Correction for any term not exceeding one calendar month, unless payment be sooner made. XXXVI. And be it enacted, that if any person shall steal or stcalinggln^, rip, cut or break with intent to steal, anv glass or wood-work be- )y"«'iwork or '' ' . o lixluros of any SOlonging to any building whatsoever, or any lead, iron, copper, kin.l fro;n brass, or other metal, or any utensil or fixture, whether made "f meill" ^xtur"* metal or other material, respectively, fixed in or to any building ^''°'" g™undB. whatsoever, or ar.y thing made of metal fixed in any land, being private property, or for a fence to any dwelling house, garden or 2iarea, or in any square, street, or other place, dedicated to public use or ornament, every such offender shall be guilty of Felony, and being convicted thereof, shall be liable to be punished in the same manner as in the case of simple Larceny ; and in case of any such thing fixed in any square, street, or other like place it 30 shall not be necessary to allege the same to bo the properly of any person. XXXVn. And for the punishment of depredhtions committed Tenants and by tenants and lodgers ; Be it enacted, that if any person shall any^'property*'' steal any chattel or fixture let to be used by him or her, in or C2 ■" ' 35 CRIMINAL STA1UTE3 4 & 5 Vic. ii ill from houses or with any house or wiih any house or lodging, whether tlie contract to'ihm/'^ ^ shall have been entered into by him or her, or by her husband, or by any person on behalf of him or her, or her husband, every such offender ^hall be guilty of Felony, and being convicted there- of, shall be liahlc to be punished in the same manner as in the -'> case of Simple Larceny ; and in every such case of stealing any chattel, it shall be lawful to prefer an indictment in the common form as for Larceny, and in every such case of stealing any fix- ture, to prefer an indictment in the same form as if the offender were not a tenant or lodger, and in either case to lay the property lo in the owner or person letting to hire. Clerks and XXXVIIL And for the punishment of depredations committed servants ste.il- , .^, , , „ • • i i i • n -r. • ing property of by Lierks and Servants m cases not punishable capitally ; Be it thtir masters, gnacted, that if any Clerk or Servant &hall steal any chattel, money, or valuable security belonging t© or in the possession or i;> power of his master, every such offender, being convicted thereof, shall he liable at the discretion of the Coar* to be imprisoned at hard labour in the Provincial Penitentiary for any tenii not ex- ceeding fourteen years, nor less than seven years,* or to be im- prisoned in any other Prison or place of confinement for any term 20 not exceeding two }ears. ^, , XXXIX. And for the punishment of embezzlements committed Clerks or ser- ^ . vants receiving by Clerks and Servants ; Be it declared and enacted, that if any on^heir'^^as^ Clerk or Servant, or any person employed for the purpose or in ter's account, jj^g capacity of a Clerk or Servant, shall by Tirtue of such em- 25 and embez- ^ ' . t • i • • » i zling it, shall ployment receive or take into his possession any cnatteF, money have felonious, o"* valuable security for, or in the name or on the account of his Ijr stolen it. ]V1 aster, and shall fraudulently embezzle the same or any part thereof, every such offender shall be deemed to have feloniously stolen the same from his Master, although such chattel, money 5*> or security was not received into the possession of such Master otherwise than by the actual possession of his Clerk, Serviint »r other person so employed; and every such offender being ron- * But see 6 Vie. c 5, I ^ I o 5V ic. Chap. 25. or CANADA. 39 contnict usband, 1, evcjy i\ there- in tlie '> ino- anv common iny fix- ofie rider Foperty la nmitted ; Be it chattel, ssion or ii> thereof, onc(i ut not ex- > be im- ny term go nmitted it if any le or in eh em- 25 , money t of his fiy part niouslv money SO Master miat or ng' f on- victed thereof, shall bo liable, at the discretion of the Court, to any of the punishments which the Court may award as hereinbe- fore last mentioned. XL. And for preventing the difficulties that have been expe- Distinct aoti 5rienced in the prosecution of the last mentioned ollendors : Be it °^ cmi)oz/lo- enacted, that it shall be lawful to charge in the indictment and duirjrod in d, 1 rr'i r I c ^^ ,• i. i r sanio indict- aganist the olLnuler lor any number ot distinct acts ol jj^^^j^j embezzlement, not exceeding three, which may have been com- mitted by him against the same Master within the space of six 10 calendar months from the first to the last of such acts; and in every such indictment, except where tiic oOence shall relate tO any c'latlel, it shall be sufficient to allege the embezzlement to tiorT ami proof be of m onev, without specifvinc; anv particular coin or valuable «'' property security ; and such allegation, so far as regards the descnptu)n J^of the property, siiall be sustained if the ofTendcr shall be proved to have embezzled any amount, although the particular species of coin or valuable security of which such amount was composed shall not be proved ; or, if he shall be proved to have embezzled any piece of coin or valuable security, or any portion of the 20 value thereof, altliough such piece of coin or valuable security may have been delivered to him in order that some pait of the value thereof should be returned to the party delivering the same, and such part shall have been returned accordingly. XLI. And for the punishment of embezzlements committed ■25 by agents entrusted with property. Bo it enacted, that if any Agcnis rm- money or setuirity for the payment of money shall be intrusted to ney intrustrd anv banker, merchant, broker, attorney or other agent, with any *** them to bo - ' ' ' - n J ,' apfilied to any direction in writing to apply such money or any part thereof, or special purpo- ihe proceeds or any part ol the proceeds of such security, for any *' * ^i01>urpose specified in such direction, and he shall in violation of good faith, and contrary to the purpose so specified, in any wise convert to his own use or benefit such money, security or pro- ceeds, or any part thereof, respectively, every such offender shall be guilty of a misdemeanor, and being convicted thereof shall bo 40 CRIMINAL STATUTES 4 & 5 Vic. lU) ()r cmhcz- liable, at the discretion of ihe Court, to be imprisoned at hard lu- or vTiiiiaMe so- boiir in the Provincial Penitentiary, lor any terra not loss llian .•urity entrust- seven veurs * or imprisoned in anv oihcr Prison or place of con- ed to tlioiii lor , "^ '■ • n- I sale cujiody, or lincment for any term not exceecurig two years, or to sutler such JmnroSSty "^'^"^*' puo'shment by tine or imprisonment, or by i)otli, as the 5 oi';i misdemea- Court shall award : and if anv chattel or valu;:ble secuiitv, or any power of attorney for the sale or transfer of any share or in- terest in any public stock or fund, whether of tliis Province or of the United Kingdom of Great Britain and In lav J, or «>f Great Britain or of Ireland, or of an\' British Colony or Foreign State k> or Colony, or in any fund of any body corporate, c(mij)any or so- ciety, shall be intrusted to any banker, merchant, broker, attor- ney, or other agent for safe custody, or for any special purjiose without any authority to sell ncgociate, transfer or ;)ledgo, and he shall in violation of good faith, and contrary to tl.o object orir» purpose for which such cliattel, security or power oi' attorney shall have been entrusted to him, sell, ncgotihnjentt4 which the Court mav award as hereinbelore last memioned. Xot to af- XLII. Provided always, and be it enacted, tliat nothing hcre-L\". ieot trustees or ijj[jgfQj.e pQfjtained relatinjj to agents, shall ailect anv trustee i>i mortgagees. _ o o ? or under any instrument whatever, or any mortgagee of atiy {)ro- perty real or personal in respect of any act done by such trustee Norhankers ^r morto;affee in relation to tlie property comprised in or afucled ooe. rcceivinij o o i i . i money due on by any such trust or mortgage ; nor shall restrain any banker, so merchant, broker, attorney or other agent from receiving any money which shall be or become actually due and payable upon or by virtue of any valuable security according to the tenor and * But see 6 Vic. c, 5. iijifWfuii,iV 'i 5 Vic. hard la- :ss (hail of con- lb r sucli as the 5 urity, or e or in- i( or of Great j;n Slate K> y or so- •r, attor- purpose 11,0, and >l;iecl or ir» EiHornov , picdg-o atlel (^r r, or !!.(• ;o\vt'r of -JO ic;r shall shall be >hnjonts L-d. ig hcrc-L\-. i.sk'c iji my jiro- airc'clod ha ulcer, 30 ng- any Ic upon jor and tiap> 35. OF CANADA. 41 fll'ect thereof, in sr.cli manner as ho might have done if this Act Or (li^.;•os■llrJ had not been passed, nor from selling, transferring or otherwise vvh[ch"'ihr>'' disposing of any securities or elfecls in his possession, upon whicli have a !kji. lie shall have any lien, claim or demanil, entitling him hy Ipw so 5 to do ; unless such sale, transfer or other disposal shall extend to a greater number or part of such securities or ellects, than shall ho requisite for satisfying such lien, claim or demand. XLlil. And he it enacted, diat if any factor or agent, intrusted Factors j.lid::- r ,\ !• I -.1 1 ' 11- • . i ifiJJ '*"■ lime tor the purpose ol sale with any goods or merchandize, or intn.'st- o^",j „>.(. ,,, ^ iOed with any bill of ladinj^;, warehouse-keeper's or wharfingci's S""'K '«<'<':''•- '' . ments ruhilnu; certificate or warrant or order for delivery of goods or iLcrchan' to goo(!s en-' dize, shall for his own benefit and in violation of good faith, de- forthij^iurpoM! posit or ple;!<>;e aiiv such i>;oods or mercliaiidiiio, or any of the said of sal-.-, oui'ty . ], IT- of a iiKsdo- documenls as a S(M;urity lor any money, or negotiable instrument uicanoi'. Ij borrowed or receixcd hy such factor or agent, at or before the time of making sucii deposit or plt-dgo, or intended to bo thereaf- ter biirrowcd or received, every such oifender shall be guilty of a misdemeanor, and [)eing convicted thereof, shall be liable, at the (l!>:cretion of the Court, to be imprisoned at hard labour i'l tend to 'esses •jjtlio Provincial Penitentiarv for any tetni not less than seven "''"'« t'^<' V • . 1 ■ " I n "^- 1 r n ijlt'dcrodl'CS rut years,'" or imprisoned in any other Prison or j)lc',ce oi confinement, exceed tin- a- for anv term not cxcccdino; two years, or to suffer such other i^-"''""^ "' '■"* •' . ^\ iicii. jiunisliraent by fine or imjirisoiiuient, or by both, as the Court shall award ; but no such factor or agent shall be liable to any e5 prosecution for depositing or pledging any such goods or mer- chandize, or any of the said documents, in case the same shall not be made a vSecurity for or subject to the payment of any greater sum of money tlian the amount which at the time of such deposit or pledge was justly due and owing to such factor or 30 agent from his principal, together with die amount of any bill or bills of exchange drawn by or on account of such principal, a id accepted by such factor or agent. XLIV. Provided always, and be it enacted, that nothing in ♦ But sec G Vic. c. 5. ii :i u 42 CRIMINAL STATUTES 4 & 5 Vic, 'I'llOSH pi'ovi- sioiin ns to a- <;pnts shall not li'sscn any re- inctiy vvhicli the |i.ai'fy i\tr- trrir\t'il now has. Ohttiining mo- lu-y luiclcr false p'Ttonces, a misdemeanor. No acquittal on the ground that the case proved a- niounti to lar- ceny. tliis Act contained, nor any preceding conviction or judgment to be had or tiiken thereupon against any banker, merchant, broker, factor, attorney or ot ler agent as aforesaid, siiall prevent, les&en or impeach any remedy at law or in equity, which any parly ag- grieved by such ofljnce might or would have had if tliis Act had .0 not been passed ; but, nevertheless, tlie conviction of any such odender shall not be received in evidence in anv action at law or suit in equity a.'^ainst him; and no banker, merchant, broker, factor, attorney or other agent as aforesaid, shall be liable to be convicted by any evidence whatever as an oflbnder against this lo Act, in respect of any act done by him, if he shall at any time ])reviously to his being indicted for such olfence, have disclosed suclj act on oath, in consequence of any compulsory process of any Court of law or equity in any action, suit or proceeding which shall have been bona fide instituted by any party aggriev-i5 ed, or if he shall have disclosed the same in anv examination or deposition before any Commissioners of Bankrupt. XLV. And whereas a failure of justice frequently arises from the subtle distinction between Larconv and Fraud; for remedv thereof, be it enacted, that if any person shall, by any false pre- So tence, obtain from any other person any chattel, money or valua- ble security, with intent to cheat or defraud any jjcrson of the same, every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable, at the discretion of the Court, to be imprisoned at hard labour in the Provincial Peniten-25 tiary for any term not exceeding fourteen years, nor less than seven years,* or imprisoned in any other prison or p'ace of con- finement for any term not exceeding two years, or to suffer such other punishment, by fine or imprisonment, or by both, as the Court shall award : Provided always, that if upon the trial of30 any person indicted for such misdemeanor, it shall be proved that he obtained the property in question in any such manner as to amount in law to Larceny, he shall not by reason thereof be enti- ♦ But see 6 Vic. c. 5. if I 1 !' \ IC. Cliap. 25. OP CANADA. 49 iDpnt lo broker, lessen arly ag- Act l)ad ,0 IV such law or broker, to be list this 10 ny time isclosed oeess of cecdinij ).i?f^riev- 15 ation or ;es from remedy Ise pre- So r valiia- 1 of the lor, and 1 of the 'eniten-25 ?ss than of con- er such as (he trial of 30 ed that r as to )e enti- tled to be acquilled of such misdemeanor; and no such indict- ment shall be removeable by certiorari ; and no person tried lor such misdemeanor sliall be liable to be afterwards prosecuted for Larceny upon the same fiicts. 5 XLV'I. And with regard to receivers of stolen jiropcrly, Bo it wjirm tlic enacted, that if any person shall receive any chattel, money, j!['°j[!|o\'"^^^^^^^ valuable securitv, or other properlv whatsoever, the stealin"- or ncoivcr'ofi^ti.- takmg whereof shall amount to a relony, either at common law mi.y l)c trlr.i or bv virtue of this Act, such person kuowin;; the same to have «''^l>'''"fi«n»»'"- lObecn feloniously stolen or taken, every such receiver shall be iho fart, or for gunty ot relony, and may be indicted and convicted eitlier as an i^.i^ny. accessory after the fact, or for a substantive Felony, and in the latter case, whether the princijial Felon sludl or shall not have been previously convicted, or shall or shall not be amenable to lojustico ; and every such receiver howsoever convicted, shall be liable, at the discretion of the Court, to be imprisoned at hard labour in the Provincial Penitentiary for any term not exceeding fourteen years, nor less than seven years,* or irn[)risoned in any other Prison or place of confinement for any term not exceeding QOtwo years : Provided always, that no person howsoever tried for receiving as aforesaid, shall be liable to be prosecuted a second time for the same offence. XLVII. And be it enacted, that if anv person sliall receive II 111- ■ I 1 WliPff liir any chattel, money, valuable security, or other property whalso- orfrinaloireiuf Soever, the stealinc:, taking, obtaininj; or converting whereof is "* ''^'""*''*'""'''^" made an indictable Misdemeanor by this Act, such person know- moy Iip prosr ing the same to have been unlawfully stolen, taken, obtained q^ j" "^'""^ converted, every such receiver shall be guilty of a Misdemeanor, or may be indicted and convicted thereof, whether the person 30 guilty of the principal Misdemeanor shall or shall not have been previously convicted thereof, or shall or shall not be amenable to justice ; and every such receiver shall on conviction, be liable, at the discretion of the Court, to be imprisoned at hard labour in Jcmcanor. M ♦ But see 6 V. c. 5. '"T 44 CRIMINAL STATUTES 4 & 5 Vic. All roccivcrs tiiiiy lie- (ricil ^vherctlu! \no- ptTly is Ibuiid 'II their |;ossL's- sioii, a:i wi'lliis where tlic ro- ix'iving tiiKcd place . The owner i>r stolen pro- piTly pro^secut- uiir thiet'or re- ceiver to con- vittion shall have rostitu- lion ol' Ills pro- perty. Exception. the Provincial Penitentiary for any other term not less than seven years,* or to be imprisoned in any other Prison or phico of con- finement for anv term not exceedino; two years. XLVIII. And be it enacted, tliat if any person shall receive any chattel, money, valiiable security, or other property whatso- ever, knowing the same to have been feloniously or unlawfully stolen, taken, obtained or converted, every such person whether charued as an accessory after the fact to the Felony, or with a substantive Felony, or with a Misdemeanor only, may be dealt v.'ith, tried and punisheil in any District, County or place in lu which he shall have or shall have had any such j)roperty in his possession, or In any District, County or |)lace in which the party j^uilty of t!ic principid Felony or Misdemeanor may by law be tried, in the same manner as such receiver may be dealt wllli, indicted, tried and punished in the District, County or place 15 where he actually received sucli proj)erty. XLIX. Antl to encourage the prosecution of olTenders, be it enacted, that if any person guilty of any such Felony or Misde- meanor as aforesaid, in stealing, taking, obtaining or converting, or in knowingly receiving any chattel, money, valuable security, oy or other pro])erty whatsoever, shall be indicted for any oifenco by or on the behalf of the owner of the property, or his heir, curator, executor or administrator, and convicted thereof, in such case the property shall be restored to the owner or his representali\e ; and the Court before whom any such person shall be so convict- 25 ed, shall have power to award from time to time writs of resti- tution for the same property, or to order the restitution thereof in a summary manner : Provided always, that if it shall appear, befcre any award or order made, that any valuable security shall have been bona fide paid or discharged by some person or b(»dy 30 corporate liable to the payment thereof, or being a negotiable instrument, shall have been bona fide taken or received by trans- fer or delivery by some person or body corporate, for a just and ♦ But see 6 V. c. 5. V O V ic. Chap. 25. OP CANADA. 4B 111 s(!veii 5 of cull- receive what SO' "i awfully whether V with a he dealt )lace in u) y in his he parly ' law he It wit!), or place 15 rs, 1)0 it I Misde- i verting, H»ciirity,o() fen CO hy f urn tor, case the ita(i\e ; convict- 25 of resti- ereof in appear, ty shall or body 30 ^otiable y trans- ust and valuable consideration without any notice or without any reason- able cause to suspect tluit the same had by any FeU)ny or Mis- demeanor been stolen, taken, obtained or converted as aforesaid, in such case the Court shall not award or order the restitution of (Jsuch security* L. And bo it enacted, that every person wlio sball corruptly Tukin^r a ir^ take any money or reward, directly or indirectly, under pretence "|^/'|j'ii„'."^'rl or on account of helping any person to any chattel, money, valu-cuviry of sto- al)!o fieciirity, or oliK.'r projierly whalsoever, wlncli snail t»y any ,vii!ii.ui imi'i;,'- 10 Felonv or Misdemeanor have been stolen, taken, obtained or con- 'j'S the ofltn- ' , dor to ln;il. vi^rU'il as aforesaid, shall, (unless he cavise llie olVender to be ap- prelnMidv'd and brought to trial for the same,) b(; guilty of Felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be imprisoned at hard labour in the Provincial Pe- , l'> nilenliary for any (crm not less than seven years,* or to be irapri- so'.uhI in any other Prison or place of confinement fui* any term n!.)t exce'.uling two vears. JA. And bo it enacli'd, that if any j)ers()n shall publicly adver- AdvcrfiHinc lis(> a reward far the return ol' anv i)ro!!erlv wliatsoever, whicii ", '■'■•^'•':'' ri)[)orly whatsoi'ver is by lliis Act piiniNliablL' on siiniinary ''i'"^'^"'''"""*''" conviction, oillior for ('V(M-v onV'ncc, oi* for (Ik; first -111(1 sec-nnd ;»lili' oil sum- ' • ' iiinry coiuk- ollence onlv, or for llu; first olfonce onlv, anv prirson wlio sliall receive any such properly, knowinu; (lie same to he imlawfull}' come by, sliall on conviction thereof before a Justice of the Peace, be liable for every first, secoii'! or snbs(Mpieiit ofi'tMice of receiving, to (be satno forfeiture and piniisbtnent to which a jierson gnilty of a first, second or subsequent ollence of stealing or taking such properly is by thi!;! Act made liable. md ma) 10 Priiiciimls in ^^^^^- And be it cnactcd, that in the case of every Felony pun- thesecoiul dc- jsihablc und(!r this Act, everv princip;d in the second d^jncc, and ijrcc, ami ac- . , „' i n ■ - i ■ i •,! i .i ccssorics. every accessory belorc the JacI, shall lie punishable wiln dealli or otherwise, in the same manner as the pr;ncip:il in (he first degree is by this Act punishuhle ; and every accessory afler the 15 fact to any Felony punishable under this Act, (except only a receiver of st(den [)ro[)cr(y,) sliall on conviction be liable to be Abettors in imprisoned for anv term not cxceedinu; two years : and everv nusacincunors. ' - " . . ' . person who shall aid, abet, counsel or procure the commission of any INIisdemcanor punishable under this Act, shall be liable to be 20 indicted and punished as a principal ollender. Abettors in I'l V'". And be it enacted, that if any porsoii shall aid, abet, nfTences pim- counsel, or procure (be Commission of anv ofFe nee which is bv suimnary con- to's Act punishable on summary conviction, either lor every viction. time of its cominission or for the first and second time only, or --.'5 for the first time only, every such person shall, on conviction before a Justice or Justices of the Peace, be liable for every first, second or subsequent ofTence of aiding, abetting, counselling, or procuring, to the same forfeiture and punishment to which a person guilty of a first, second or subsequent ollence as a prin-30 cipal olfunder is by this Act inade liable. A person in LV. And for the more elTectual a|)prehensIon find discovery mUtrngan7of>^*«'' ''^^"^'ers punishable under this Act; Be it enacted, that fence uiay be any ])erson found committing any offence punishable cither upon : o \ 10. ikiiiu; of i;ritiiiiry NCfOtxl M) sli;ill iiwfiilly 5 of t!i(' net' of vliicli a 1(1 my j)iin- I'rf, jiilil (Icaili or llio first ifUr tl)e ij t only a I.) 10 to 1j(3 every ssion of )Ic to be«o (1, abet, 1 is bv • every niily, or:J5 riviction ry first, ling, or vhich a H prin-30 er(y whatsoever, on or with respect to 10 which any such olfence shall have been committed, is in any dwelling-house, out-house, garden, yard, croft, or other place or places, the Justice may grant a warrant to search sucli dwelling- house, out-house, garden, yard, croft or other place or places, for such property, as in the case of stolen goods ; and any person to IT) whom any property shall bo olTerod to be sold, pawned or deliver- ed, if he shall have reasonable cause to suspect that any such oflfence has been comtmitted on or with respect to such property, is hereby authorised, and if in his power is required to apprehend and forthwith to carry before a Justice of the Peace, the party 20 offering the same, together with such property, to be dealt with according to Law. LVI. And be it enacted, that the prosecution of every oflTenco Limitation as punishable on summary conviction under this Act, shall be com-^o summary menced within three calendar months after the commission of the ^'^^^ '"S"' 25 offence and not otherwise ; and the evidence of the party aggriev- ed shall be admitted in proof of the otrence. A Jri«(i(T, uncut t;ooJ (rrouiiil oX HUrtiiii'ion prov- ed on oiith, may fjrant a ncarch warrant. Any person to whom stolen property is of. fered, may seizp the party of- fending, com- LVII. And for the more efiectual prosecution of all offences Mode of c punishable on summary conviction under this Act, Be it enacted, pellingihe ap- that where any person shall be charged, on the oath of a credible pcrsonspunish- 30 witness, before any Justice of the Peace, with any such oflfence. *^'® °" ^"'°" , , ' . -^ . , , •' ' inary convK- the Justice may summon the person charged to appear at a time tion. and place to be named in the summons ; and if he shall not ap- pear accordingly, then (upon proof of the due service of the sum- mons upon such person by delivering the same to him personally, 48 CRIMINAL STATUTES 4 & 5 Vic. or by It'iiving tlio samo at liis usual plarc df aliodo) (lio Justico may cither proceed (o hear and determine (ho case ex jxtrtc, i)r issue his warrant for apprehending such person and hringing him before himself, or some other Justice or Justices of the I'eace ; or the Justice before whom the charge shall bo made, may (if •> he shall so think fit,) without any previous summons (unless when otherwise specially directed) issue such a warrant ; and the Justice or Justices before whom the person charged shall apjjcar or be brougfit, shall proceed to hear and determine the II) case. Aiipllcation of LVIII. And with regard to the application of all forfeitures IHiiJulticH on **"" penalties upon summary convictions under this Act; lie it numniary con- enacted, that every sum of money which shall be forfeited for, or as the value of any property stolen or taken, or for or as the amount of any injury done (such value or amount to be assessed ir» in each case by the convicting Justice or Justices) shall be paid to the party aggrieved, if known, except where such party shall have been examined in proof of the olfence, and in that case, or where the party aggrieved is unknown, such sum shall ho a|)plied Proviso. jj^ j]^p same manner as a penally : Provided always, that where 20 several persons shall join in the commission of the same oillrico, and shall, upon conviction thereof, each he adjudged to forfeit a sum equivalent to the value of the property, or to the amount of the injury done, in every such case no further sum shall be paid to the party aggrieved than that which shall be forfeited by one 25 of such offenders only,, and the corresponding sum or sums, for- feited by the other offender or offenders shall be applied in the same manner as any penally imposed by a Justice of the Peace is hereinbefore directed to be applied. If a ijorson LIX. And be it enacted, that in every case of a summary con- 30 convSl^shall ^''C^'"" under this Act, where ti;o sum which shall be forfeited notfiay,&c.thc for the value of the property stolen or taken, or for the amount of ctframUhimy the injury done, or which shall be imposed as a penally by any Justice or Justices, together with the costs, if awarded, (which 5 Vic. Cliiip. 25. or CANADA. 49 luslico rtc^ or It; liiin 'ocice ; nay (if ■> ^unless t ; iind nu llic 10 cidiros lie it lor, or ns the SSL'S sed I't e jjaid ^ .shali ISO, or i|)|)lietl where 20 iU'ltico, irfoit a 'unt of e \nud >y ones.") s, for- iti the Peace y con- 30 •foiled lint of y any kvhich costs such Justice or Justices is mid arc horohy aullioiizer House of Correction, there to he iin[>risoncd oidy, or to ho 10 imprisoned and kept to hard lahour., according to the discretion of the Justice or Justices, for any term not exceedinjjr two calendar months, where the amount of the sum forfeited, or of the penalty imi)osed, or of hoth, as the case may he, together with the costs, shall not exceed five pounds ; and for any term not exceeding 15 six calendar months, where the amount with costs shall exceed five pounds, and shall not exceed ten pounds ; the commitment to he determinahle in each of the cases aforesaid, upon payment of the amount and costs. LX. Provided always, and he it enacted, that where any JuHt'uc mm .III -I •11/' T- -, • <1i'*olmr(,'e tlic SOperson shall he summan'y convicted, belore a Justice or Justices oncndcr in n-r- of the Peace, of any offence against this Act, and it shall ho a t''^'"cabc». first conviction, it shall ho lawful for the Justice or Justices, if he or they shall so think lit, to discharge the odendor from his conviction upon his making such satisfaction to the party Sfjaggrieved, for damages and costs, or either of them, as shall he ascertained hy such Justice or Justices. LXI. And he it enacted, that it shall he lawful lor the Queen's p^^jon for Maieity, and for the Governor, Lieutenant Governor, or Person non-payment , , of money, administering the Government of this Province, to extend the 30 Royal Mercy to any person imprisoned by virtue of this Act, although he shall he imprisoned for non-payment of money to some party other than the Crown. LXn. And be it enacted, that in case any person convicted of 60 CRIMINAL STATUTES 4 & 5 Vic. I A ftuininary ai^y oflonce punisliable upon summary conviction bv virtue of lonviction ' ' _ * ''liall be a l)ar this Act, sliiill have paid the sum adjudged to be paid, together jiroceeilin" for ^^'^'^ costs, if awarded, under such conviction, or shall have iho same of- received a remissi(»n thereof from the Crown,, or shall have suf- fered the imprisonment awarded for non-payment thereof or 5 the imprisonment adjudged in the first instance, or shall have been discharged from his conviction in the manner afore- said^ in every such case lie shall be released from all furliier or other proceedings for the same cause. Form of con- L^IH. And be it enacted, that the Justice or Justices before 10 viction. whom any person shall be convicted of any offence against this Act, may cause the conviction to be drawn up in the following form of words, or in any other form of words to the same effect, as the case shall require, videlicet : — " Be it remembered, that on the day of in the year 15 of our Lord at in the District of {as the case may be) ' A. G. is convicted before me, J. P. one of Her Majesty's Justices {or before us J. P. and S. L. Justices) of the Peace for the said District, for that he, the said A. O. did {specify the offence and 20 the time and place lohen and where the same was committed as the case may he^ and on a second conviction state the first conviction) and I, the said J. P. {or^ we the said J. P. and S. L.) adjudge the said A. O. for his said offence to be imprisoned in the {or^ to be imprisoned in the 25 and there kept to hard labour) for the space of {or^ to forfeit and pay here state the penalty actually imposed^ or state the penalty and also the value of the articles stolen, embezzled or taken, or the amount of the injury 30 done, as the case may be) and {in any case where costs shall be awarded) also to pay the sum of for costs, and in default of immediate payment of the said sum (or sums,) to be imprisoned in the or to be imprisoned in the and there kept to hard 5 Vic. irtue of ogetlier ill have iive suf- reof or 5 shall afore- •ther or before lo nst this 1 lowing Ifect, as that on he year 15 my be) fustices ihc said ice and 20 imitted he first and S. risoned I in the 25 ur) for iid pay dually of the injury ZQ s shall um (or r to be hard Chop. 2 5. OF CANADA. 51 labour, for the space of unless the said sum {or tiunis) shall be sooner paid (or, and I or sve) order that Ihe said sum {or sums) i^liall be paid by the said A. 0. on or before the day of :,that the said sum of {i. e. the penaliy only) shall be paid to me (or us, ihe convicVmr Justice or Justices,) and that the sum of (i. e. the value of the articles stolen, or the amount of the in- jury done) shal! be paid to C. 1). {the -party aggrieved, unless Mhe is unknown or has been examined in proof of the offence, in ivhich case state that fad, and dispose of the whole like the penalty as before) and {if the Justice or Justices shall think proper to aioardihe complainant his costs) I {or we) order that tlic said sum of for costs shall be paid to C. i-"'D. {the complainant). Given under my hand and seal, {or our hands and seals) tiie day and year first abo* e mentioned." LXIV. And bo it enacted, that in all cases where by this Act o,,,, jn>;tfc two or more Justices of the i'eacc are authorised and required to ""^y nccivc 11 ■ 1 • -r • I II 1 ■ orij;in;il )nfor- hear and determr.io any complaint, one Justice shall be compe- nKitidii, &c. potent to receive llie orio-inal information or complaint, and to issue ^''*""'''^ /'^\ h costs .-IS iven, and )rc Mhoin ■son, if in-;,', ind detcr- T (herein, i'all seeni inirmance judoo theC") rid to ['ay leccjsaiy, he Pence :e afi'ainst :u rt of Ge- 3 Districi, ommiiied, rds of llio t nnv per- ■;', son for a subsequent olfence, a copy of such conviction, certified How fur pvi- 1 .1 /\ti- !• .1 /-' i 1 i 1 i (lencc in t'uturij by the proper Othcer oi the Court, or proved to be a true copy, j,y,,^,jj_ shall be sufficient evidence to prove a conviction for ihe former oifence, and the conviction siiall be presumed to have been unap- T) pealed against, until the contrary be shewn. LXVII. And for the protection of persons acting m i.he execu- Vmuc in prc- 'in^H li- st jier.-ion': tion of this Act ; Be it enacted, (hat all actions and prosecutions IrainH""*" to be commonced asiainst any person for any thiny; done in pur- i";'.i>ifi »'»''■' . . . ? . tills Act suance of this; Act, shall be laid and tried in (lie District, County, 10 or Place where the fact was committed, and shall be commenced within six calendar months after tiio fact committed, and not otherwise ; and notice in writing of such action and of the cause Nairpoiw- thereof, shall be given to the defetidant, one calendar monti; at least before the commcnceniv.nt of the action ; and in any such 1.) action the defendant may plead (he general issue, aii:l give this G.^ncralissur, Act and the special matter in evidence at any trial to be had ^^'" thereupon ; and no plaintiil shall recover in any such action, if tender of suilicient amends shall have been made before such action brought, or if a suCiicient sum of money shall have been "Upaid into Court aQer such action brought by or on behalf of the defendant ; and if a verdict shall pass for the defendant, or the plaintiir shall become non-suit, or discontinue any such action, after issue joined, or il" Uj)on dennirrer or otherwise, judgrncnt shall be given against the plainiiff, the defendant shall recover 'J'jhis full costs as between at{orney and client, and have the like remedv for the same as any defendant hath bv law in other cases ; and though a verdict sliall be given for the plaintilf in any such action, such plaintiff shall not have co^fs against the defendant, 30 unless the Judge, before whom the trial shall be had shall certify his approbation of the action and of the verdict obtained there- ui5on. LXVUI. And be it enacted, that if any person liaving stolen This Actt.> 1 • 1 £• II X 1 \ n \ 111 CXtt'lul to (it- or otherwise unlawfully takcu any cliattel, money, valuable seen- ii-n.rsco:nniit- lijritv, or oiher pronertv whatsoever, t'i(> stealing or unlawfully ''-'^ ''^^'^ "^^'''' D2 CniAflNAL STATUTES 4 & 5 Vie, i'i>vtiiiii case in taking wlioreof is iiiad.^ punisliabk! hy ituliclrncr.t by any of t!u; provisions of this Act, in any part of llor Majesty's dominions, siliall afterv/ai'ils liuvo (lie L>amo properly in Ins po.-session in anv part of this Province, lie may lio dealt Avitli, indicted, tried and })unishcd for such odbncc nndor tliiy Act. in iliat part of this •' Province where lie shall so have such property, in the same manner as if he had actually stolen or unlav/fully taken it in that part ; and if any person in any part of this Province shall receive or have any chattel, money, valuable security, or other property whatsoever, which shall have been stolon or otherwise unlaw-'" fully taken in any other [)art of Ilor Majesty's dominions, such person knowing tlie said property to have been stolen or other- wise unlawfully taken, he may be dealt witli, indicted, tried and punished for such cllencc in that part of this Province where he shall so receive or have the stolen pr;;inally stolen or unlawfully taken in that part of this Province as aforesaid. \ AilMumioUi LXIX. And be i! cnactod, that all fines, forfeitm-ef. and penal- riir.i.'IU'\'. . . III'. Ill II 1 /. tics imposed liy tins Act, and all sr;nisex[)rc5sed as the value of any goods, chattels or other property herein .mentioned, sliall he-: deemed and taken to be current monev of this Province. ::i All A j ii:niai;t Act i\'pi' ''^'■^" LXX. And bo it enacted, tli-.it all Acts or parts of Acts or lolm.5 _ ... alul. provisions of Law in force in lliis Province, or any part thereof immediately before the time v>-hen (liis Act shall come in force, which shall be inconsistcjit with or contradictory to tliis Act, or-2: which make any provision in any matter provided for by this Act, other than such as is hereby made in such matter, sliall, from and after the time when this Act sliall come into force, be and they are hereby repealed, except in so far as may relate to any fi oiVcncc committed b.fora tiic said time, which shall bo dealt with,'>n L and punished as if this Act had not been passed.* * But SCO !&■ 5 Vic. c. 21. as to the administration of tlic Law erected by tliis Act. : 5 V W. y of t!i(; in anv lod cind of this- ■> F-atnu t in tliiit receive roperty unlaw-:" ns, such T otlicr- ricd and here he man nor i;, lat part id penal" JO of any shall bo'ji Acts or t thereof in force, i Act, nr-2i r by this all, from ), be and te to any :alt with 30 Clinp. 2C>. d by this or CAN' A 13 A. C A P. XXVI. OJ ""O^^/TIEREAS it i.-; expedient to amend ar t)rovislons contained in various Statutes All Act for ('r;ns;ili(i:;tiim- nnd .'inieiKlin/;^ the Laws in tins Province reiiitive to Ma!ici;)'.!.s Injuries to Pro- perty. [ISiVi Scplcmber, 1841.] amend and consolidate the Pifamlilo. provisions contanied m various Statutes now in force in this Province rehitive to Malicious Injuries to Projierty ; Be it therefore enacted hy the Queen's most Excellent Majesty by and r)\vith the advice and consent of the Legislative Council and of tlie Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, intituled An Ad to Rc-unile the Provinces of iO Upper and Lower Canada and for the Government of Cana- da ; and it is hereby ena(;ted by the autlsority of the same, that C, nimcneing convicted thereof shall suifer death. III. And be it enacted, that whosoever shall unlawfully and Scninji liro maliciously set nrc to any Ciiurch, Chapel or Meeting House for chapel, housp, 2otlie exercise of any mode or form of religious worship whatever, ^^^""'"^''> or shall unlawfully and maliciously sot fire to any House, Stable, Coach-House, Out-house, Warehouse, Office, Shop, Mill, Malt- House, Hop-Oast, Barn or Granary, or to any building or erection used in carrying on anv trade or manufacluro, or anv branch 25 thereof, whether the same or any of them, respectively, shall then be in the possession of the offender, or in the possession of any other person, shall be guilty of Felony, and being convicted thereof, shall be liable, at the discretion of the Court to be im- m ! K li IP li it '11 66 CRIMINAL STATUTES 4 & 5 Vic. Destroying silk, woollen, linen, or cotton ji;oods in the loom, &c., or ,iny machinery l>elonging to those manufac- tures, &c. Destroying threshing or other machines in any other manufacture than the fore- going. prisoned at hard labour in the Provincial Penitentiary for tlie term of liis natural life or for any term not less than seven years,* or to be imprisoned in any other Pris;)n or place of confinement for any term not exceeding two years. i IV. And be it enacted, that if any person shall unlawfidly and 5 maliciously cut, break or destroy, or damage with intent to des- troy, or to render useless, any Goods or Article of Silk, Woolien, Linen or Cotton, or of any one or more of those materials mixed with each other or mixed with any other material, or any Frame- work-knitted Piece, Stocking, Hose or Lace, respectively, being in 10 the Loom or Frame, or on any Machine or Engine, or on the Rack or Tenters, or in any stage, process or progress of manufacture ; or shall unlawfully and maliciously cut, break or destroy or damage with intent to destroy or to render useless, any War[) or Shute of Silk, Woollen, Linen or Cotton, or of any one or more of those 15 materials mixed with each other, or mixed with any other materiaU or any Loom, Frame, Machine, Engine, Rack, Tackle or Imple- ment, whether fixed or moveable, prepared for or employed in carding, spinning, throwing, weaving, fulling, shearing, or other- wise manufacturing or preparing any such goods or articles : or shal 1 00 by force enter into any House, Shop, Building or Place, v;ith in- tent to commit any of the offences aforesaid, every such offender shall be guilty of Felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be imprisoned at hard labour in the Provincial Penitentiary for any term not less than seven 25 years,* or to be imprisoned in any other prison or place of confine- ment for any term not exceeding two years. V. And be it enacted, that if any person shall unlawfully and maliciously cut, break or destroy, or damage with intent to destroy or to render useless, any Threshing Machine, or any 30 Machine or Engine, whether fixed or moveable, prepared for or employed in any manufiicture whatsoever, (except the manufac- ture of Silk, Woollen, Linen, or Cotton Goods, or goods of any » But see 6 Vic. c. 5. Vic. Chap. 20. OF CANADA. 67 for t!ie yoars,* ncmcnt illy and 5 lo des- 'oolien, mixed Framt'- jeing in jq e Rack ure ; or damage >!iute of of those 15 laterialt Imple- oyed in |)r other- or sha 1 1 no with in- [iffender shall he 1 labour 1 sevens:, t'onfine- Ily and tent lo or any 30 1 for or anufac- of any one or more of those materials mixed with each other, or mixed witJi any other material, or any Frame-work Knitted Piece, Stock- ing, Hose or Lace,) every such offender shall be guilty of Felony, and being convicted thereof, shall be liable at the discretion of iho [> Court, to be imprisoned at hard labour in the Provincial Peni- tentiary for ariy term not less than seven years,* or in any other Prison or place of confinement for any term not exceeding two years. VI. And be it enacted, that if any persons, riotously and tumul- Ilioionsly u) tuously assembled together to the disturbance of the public peace, ^j.."!' church shall unlawfully andwith force demolish, pull down, or destroy, or *^'iaF'' '.'""so, begin to demolish, pull down or destroy any Church, Chapel, or i)uihlin<;s. or Meeting House, for the exercise of any mode or form of religious u"ci/"Tii"'fmy worship, or any House, Stable, Coach-House, Out-Honse, Ware- manuiiicture. 15 House, Office, Shop, Mill, Malt-House, Hop-Oast, Barn or Granary, or any building or erection used in carrying on any trade or manufacture, or any branch thereof, or any machinery, whether fixed or moveable, prepared for or employed in any manufacture, or in any branch thereof, every such offender shall be guilty of 20 Felony, and being convicted thereof, shall be liable, at the discre- tion of the Court, to be imprisoned at hard labour in the Provin- cial Penitentiary for the term of his natural life, or for any term not less than seven years,* or to be imprisoned in any other Prison or place of confinement for any term not exceeding two years. 03 Vn. And be it enacted, that whosoever shall unlawfully and g^^^ |jj.p j^^ maliciously set fire to, cast away, or in any wise destroy any Ship ships or ves- ,T \ • y •.!•.. 1 '11 sels with intent or Vessel, either With intent to murder any person, or whereby to commit the life of any person shall be endangered, shall be guilty of murder Felony, and being convicted thereof, shall suffer death. Hanging out DO Vni. And be it enacted, that whosoever shall unlawfully exhibit any false light or signal, with intent to bring any Ship or false lights to Vessel into danger, or shall unlawfully and maliciously do any ^yj^rk. *" • But ace G V. c. 5 58 CKIMINAL STATUTES 4 k b Vic. tiling to tlio iiiimciJiate loss or dcstriiction of iinv Ship or Vessel in distress, shall he guilty of Felony, and heing convicted theieol', shall sulFer death. HctiiivT ii:c I^' And hv^ it enacted, that whosoever shall nnlawfiiUy and iosIi!|is()rvf.s- nialiciouslv set tiro to, or in any wise destroy anv Shin or Vessel, •> Kt'lH Willi inllMlt " ' • ' . ' to cli'stiDy t!u' whether the same he completed or in an unfinished state, or shall unlawfully and maliciously set lire to, cast away, or in any wisi' destroy any Ship or Vessel, with intent therehy to prejudice any Owner or Part-Owner of such Ship or Vessel, (trofany goods on hoard the same, or any person that hath underwriten or shall lo underwrite any policy of insurance upon such Ship or Vessel, or on the freight thereof, or upon any goods on hoard the same, shall be guilty of B'elony, and heing convicted thereof, shall he liable, at the discretion of the Court, to be imprisoned at hard labour in the Provincial Penitentiary for the term of his natural 15 life, or for any other term not less than seven years,* or to he imprisoned in any other Prison or place of confinement for any time not exceeding two years. Impctlintr X. And be it enacted, that whosoever shall by force prevent licavourin" to ' "^' if^pedc any person endeavouring to save his life from any Ship SO savo life from or Vessel which shall be in distress or wrecked, stranded, or cast wrcckc'l &c. on shore, (whether he shall be on board or shall have (piitted the same) shall bo guilty of Felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be imiirisoncd at hard labour in the Provincial Penitentiary for Ih.e term of hisO') natural life, or for any term not less than seven years,* or to he imprisoned in any other Prison or place of confinement for any term not exceeding two years. Destroying XI. And be it enactcd, that whosoever shall unlawfully and articles iK>Ira!g^ maliciously destroy any part of any Ship or Vessel which shall he:Jo '"» 'hereto, j,^ distress, or wrecked, stranded or cast on shore, or any Goods, MerchandizB or Article of any kind belonging to such Ship or ♦ But see 6 Vic, c, 5. -^ l-l_l.l"llp»Jil_ ll l«IIJ. : 5 Vic. 'ossci ill 1 Ik; I ('()!', iilly and Vofssol, ■-) or sliall ny wi.s(.' r.ce any i;t)(i(!s oil or shall 10 cssc'l, or ly same, sliall be at hard natural 15 or to ho for anv prevent my ShipSO , or cast > quilted thereof, soned at m of hi 8-25 or to he for any ully and shall he;]o ■ Goods, Ship or Chaj). 2G. OV CAN'AnA. 69 V(.'s,sel, sliall ho |2;ulUy of Felmiy, and lu.'lni); cotr. icti-d ihoreof, shall ho liable, at thi; discretinn o|" i!io ('ourt, lo bo imprisoned at hiu'd labour in the Provint-ial I'oriileiitiiiry i'<)i' any toriri not less i!i;in soven years,* or to he imprisoned in aiiv oilier prison or :> i)lace ()f (Miiifinemcnt for any term not exceeding!; two \ear.<. Xil. And be it enacted, ih.at if any person sliall unlawfully and maliciously break down or cut down any Sea Bank or Sea Wall, or the liank or Wall of any llivcr, Cmal (u- ^'arsh, whereby any land shall be overdowed or daniao-ed, or sliall he in (lan<;er ot l'.> hein;i; so, or sluill unlawfully and maliciously throw down, level or otherwise destroy any Lock, Sluice, Flo!)d-Gatc or other work on any navigable Liiver or Canal, every such olfender !;hall be l^uiltv of Fohuiy, and being convicted thereof, shall be imprison- ed for any term not exceeding four years ;f and if any person ].') shall unlawfully and maliciously cut o(f, draw up or remove any Piles, Chalk or other materials fixed in the ground and used for securing any Sea-IJank or wSea-Wall, or the Banker Wall of any River, Canal 01 Marsh, or shall unlawfully and maliciously open or draw up any Flood-Gate, or do any other injury or mischief to ■-Oany navigable River or Canal with intent, and so as thereby to obstruct or pievcnt the carrying on, completing, or maintaining the navii>ation thereof, every such oflender shall be guiltv of Fe- lony, and being convicted thereof, shall be imprisoned for any term not exceeding two years. •.'5 XIII. And bo it enacted, that if any person shall unlawfully and maliciously pull down, or in any wise destroy any public Bridge, or do any injury with intent, and so as thereby to render such Bridge or any part thereof dangerous or impassable, every such offender shall be guilty of Felony, and being convicted no thereof, shall bo imprisoned for any term not exceeding four vears.* XIV. And he it enacted, that if any person shall unlawfully j^p^;, I)('str,i\ ii|c_f pi\V Mi'ii li!iri'i» on iiiiv ri\.i' iir Ciiiuil, I'l'lony. Hrinovint: I'lr liilcsoriiuyscii- l)aiik, ivc. or (Jt)i]i^!!jiyilani- iiiTo to olii-tnict the navi^^iition o!" a liviT or c.\ii:il. Injury to a public bridge. royiiijr « and maliciously thnnv down, level, or oth>^rwise destroy, in ♦"'"npike gate, _. . _ '. ^^ . • toll lumse, &<•., ♦ Uut tsec 1; V. c. 5. + Sec G Vic. c. 5, s. 3. lii CO CniMIVAL STATUTns 4 Si 5 Vic. wliolo or in pait, any Turnpike Giite, or any Wall, Chain, Rail, Post, Bar or oilier Teiieo beloni^in^- to any Turnpike Gate, or set np or erected to prevent passengers passln::; l)y willioiit jiaying any Toll direclecl to be paid by any Act, or Acts, ()r^c. jirowinir rise- where if thf dumiirreexreeil one i)oun(J. Desfroyinf; or dam.Tiriiif; tr:H)5i, shrul)t* or uinlorvvooil, &.C. wliereso- cver growiim to the oinoimt of dain.'ige jjunishable on summary con- viction. ' 'I * But see 6 Vic. c. 5. + See G Vic. c. 5, s. 3. C3 tUIMI.NAL STATUTES 4 & J Vie. amount of tlu; injury dime, siuh sum of moiU'V nut cxc<;t!ilii)<' oiu; pouiiil as tt) tl'.c Justice shall scorn meet. XXI. Ami bo it cnartoil, that if any iiorsoii shall iiiilawfiiily and iiiiiliciou.slv (lc'Sln>v, or (iainau-cj with iiiUMit to di'strov anv nnyfVuit or \v L-'irjl"" sl'c. "^ ^''''I'N I^^'»t, Fruit or W-^-otahlo Proiluction, growin*!; in any Car(h.Mi, Oichard, Nursery Crouiitl, Ilot-Ilousi', Grocn-IIouso or C.'oii.sLM'vatory, every sucJi olliiudcr boing convicteil thcTOof [)(-!foro a Justice of the Peace, shall forfeit and pay, over and above ll;e Hmount of the injury done, such sum of money not exceeding two poimds as to the Justice shall seem meet. 10 DiMtroy'.tvr XXII. And be it coucted, that if anv person shall unlawfully pvddih'tiuanot "'"* Jnaliciously destroy, or dama2;c with mtcnt to destroy, any •jrowin.r iu rullivated Hoot or Plant us(h1 for the fond of man or botist, or for {.Yimous. . , |. -If • I • r • 1 medicine, or lor distuling, (;r lor dyeing, or for or in the coun-e of any irianufar.ture, and growing in any l.md, o[)en or enclosed, ir» noc being a garden, orchard or nursery ground, every such olTender being convicted thereof, before a Justice of the Peace, shall forfeit and pay, over and above the amount of the injury done, such sum of money not exceedino; twcntv shillin oiise oi' r i)t'r()rc ove llic ing tNVi) I!) awfully ;)y, any t, or for ' couri-'e icIosimI, 15 ry sucli Peace, c injury ;s, us to lawfully destroy ^tilo, or ir, being ind pay,Qj sum of ill seem Ifully or or upon 30 ublic or lercinliG- f, before Cliai!. 2G. or CANADA. G3 a Jut«tico of tlic'Poacc, sliall fiufcMt and nay sucli si;m of money '"'^'"P':"'''' ''Y III IT' / I I • luliihtirct ijMV as sliall ajipoar to till! .luslico to hu a rciisonaljlo cdmoensalion ,.„iii|M.nMu'i(ifi for tlio (lamago, injury or spoil so committed, not exceeding the y.'j *-'''^'^'"''""-' sum of live pounds ; wliidi sann of money sliiill, in case of private Ti property, be paid to (lie jiarty aggritjved, exct'pt where such party shall have been examined in proof of tla.' olfciice ; and in such case, or in the (;aso of properly of a piddic nature, or wherein any puldic right is concerned, ilio money siiiill I eapplicd in such manner as every penalty imposoil by a Justice of the HI Peace under this Act, is hercinafler directed co he ap|)lied : ,,. • . Provided always, that nothing herein contained shall extend to any case where tho party trespassing acted under a lair and reasonable supposition that he had a right to do tho act complained of. IT) XXV. And be it enacted, that every punishment aiul foifeiture iMalirc nt tiio by this Act imposed on any person maliciously committing any *.',!y,'tha lil'imv olTence, whether the same be pimishablo upon indictment, or oH'imicp ukiIii 111 11 ■ 11 n I "" ->' !• upon summary conviction, sliall e(pjally ap|)ly ; 'id he ttdurced, whether the oil'ence be committed from malice conceived against L")thc owner of the propcrtj- iu respect of which it tliail be com- mitted or otherwise. XXVI. And bo it enacted, that in tijo case of every Felony rnn':;w!>: iu punishable under this Act, every principal in tlic second degree, .rnHMimUn'tl and every accessory before the fact, shall bo )ii;i!.ishable with '^°'"'^'''- -) death or otherwise, in the same manner as tho principal in th.o first degree is by this Act punishable ; and every accessory after the fact to any Fehmy punishable under this Act, shall, Abbccrs in on conviction, bo liable to be imprisoned for any term not exceed- mistlcmeanor h. ing. two years, and every person who shall aid, abet, counsel or 30 procure tho commission of any Misdemeanor, punishable under this Act, shall bo liable to be indicted and punished as a principal otlender. XXVII. And be it enacted, that where any person shall bo Gi CUnUNAL STATUTES 4 S: 5 Vic. 1 ho Court convicted of liny iiulictiible oirunce puuisliablo under lliis Act, for ni;iv, lor nil _ , , -^ ' ' r tl le < lilt. Y ^ it;i tl 1 1 .i)r.".iu'i-svviiliin wliicli inn[)i"is(iiinH.'iit mny l)e aw.irdod, it shall bo Ictwfu! fo lianl lah'o!ir\n' ^"•^""'^ <^ scntciifc the olFtMidor to be imprisoned, or to be impri- olitiiry COD- soned and kept to haid hdjour, in tlic Common Gaol or House of iiii;iiu"i,t. •1 Correclion ; and also to direct that the olfender sha!'. bo kept in jrolitary coiilincinont for any portion or po; tions of such impri- sonmenl, or of such im[)risonnient with hard labour, not exceed- ing one monlh at any one lime, and not exceeding three months in any one } ear ; as to the Court in its discretion shall seem meet. Porsoi'.s in XXV'lIl. And for the more cllectual appreiiension of all thoactoicom- oj]-^.,j^](.i-s auainst this Act ; Be it enacted, tin t any person found initt:ii.f any ^ ' i j i oiTcnt'cnipy'lio committinijf any ollence ai>;ainst this Act, whether the same be \viihouri'!\v;ir- punishable upon indictment or upon summary conviction, may '^"t- be immediately apprehended, without a warrant, by any Peace Oiiicer or the owner of the pro[)erty injured, or his servant or any person authorized by him, and forthwith taken before some neighbouring Justice of the Peace, to be dealt with according to law. 10 .,. ., ,. XXiX. And be it enacted, that the prosecution for every -20 ->s tosuniuKtiy odence punishable on siimmary conviction under this Act, shall be commenced within three calendar months after the commission jjroceudiii^ of the oil'encc, and not otherwise ; and the evidence of the party ao^rleved shall be admitted in proof of the ollence, and also the Comyetr icy evidence of any inhabitant of the District^ Ct)unty or Place iir:.-) oi wiiiiLv t'L!. ^yiiij^ij ^i,Q oilence shall have been committed, notwithstanding any forfeiture or penally incurred by the ollence may be [)a\ able to anv public fund of sucli District, County or Place. Mofli! of XXX. And for tlie more effectual prosecution of all otfimces r'''T'i'l'!'r'n,-Puids}iablo on summary conviction nndc this Act ; Be it enact- 30 jiorsons )iu ed^ tliat whore any ])orson shall be charged on the oath of a s'umiiury con- credible witness, before any Justice of the Peace, with any such vj,;t:an. oirenco, the Justice may summon the person charged to appear at ■I 5 Vic. Chap. 2G. OF CANADA. 6; \ct, for (or the i impri- [ouseof kept in j impri- excoed- monllis II seem 10 of all n fouiul iamc be :iu, may y Peace ij rvant or re some )r(liiig to :)r everyio .ct, shall nmission he parly also the riace h\-::> standing ' V' IV able otlu'nces it enact- G.I )iith of a any such ap[)ear at a time and place to be named in such summons, and if lie shall not ap[)oar accordingly, (lien (upon proof of the due service of l!ie summons upon such person, by delivering the sauic to him ))ers.)nally, or by leaving the s; me at his usual place of abode) T) the Justice may either [iroceed ;o heiir and determine the case ex parte, or issue his warrant H .• .ipfirchending such person, and bringing I)ini before himself or some other .lustice of the Peace ; or the Justice before whom the charge shall be made, may, if lie shall so think fit, without any previous summons, (unless where iiiothcrwise S[)ecially direcled) issue such warrant ; and the Jus- tice before whom the j)erson charged shall appear or be brought, shall proceed to hear and determine the case. XXXI. And be it enacted, that where any oflence is hy this -'^'"'"o''*' '" Act punishable on summary conviction, any peison who shall nislnlilc on ,.•11, , " . . ". r I tv Hununary con- 1.) aid, abet, counsel, or procure tiic commission ot such , and shall, upon conviction thereoi, each be rdjudged to forfeit a sum eijuivalent 10 the amount of the injurv done, in everv such case no further GG CRIMINAL STATUTES 4 & 5 Vic. saiuinarily convic'o;!. IiidI not;);(y vcc, tlu' Justice mny im. v-'>m]>- of lin- prisoiiii'cnt. 'I'lir Jiisdi-e jiwy (lisi'liav'/c ihii oflVnilfr ill orrt;tiii cixsca. Po.rdon for iion-payinciit of money. sum siiiill be |):iiil to the party iiggrleved lluni tiuU wliicii :iuill be lorlcitotl by one of auehotlenders only, and tlie cori-e.';[)otu!;ijg sum or smns torl'eiled by the other otiendci" or ('il'-nders, tin;;elher wiib all jienalties, shall be applied in the .'•.■luxic mininer as any penalty is by law diiccled U) be applied. r. .XXXII[. And be it enacted, that in vvrry case of a suramnry convection under t'nis Act, whore t!ie sum whicii f^lmll b;- forfeit'. d for the amount of the injury done, or which sliall be iri^no.ved as a penalty by the .lustice, slial! not !)e paid, either imined'ately after the conviction, or witliin sueh period as the Justice c.;!all, i:) at the time of conviction, ;',;)po!nt, it shall ba lawful for tfie con- victing Justice, (unless where otherAvise specially directed) to commit the offender to the Common Gaol oy House of Corre'tion, there to be imprisoned only, or to be imprisoned and kf;i)t to !:ard labo'ir, according to the discretion of t!ie .aisticc, for any terra i:, not exceeding- two calendar monl!;;-, v,-here the amount oi' the sum f(n-feited or of the [)enalty imposed, or of uoth (as t]nco against this Act, an(! it ffhall i>e a first con- viction, it shall be lawful for lie Jiistice, if he shall so tiiink fit, to discliargo the offender from his conviction, upon his mnking such satisfaction to the j'arly a<::grieved for dartisges and cos^s, or 'JO either of them, as shall be ascertained by the J.w«?ticc. XXXV. And be it cnactet^, that ;* ^uall be lawful for the Queen's Majesty, or for the Governor, f^ieutenant Governor or Person administering the Governi. -nt of this Province fur the i a * iC. . iuill bo liii>i; bum icr wiili ;ui"nmnry ror(<'it',.{i >T)o^f'(l as lerliiitoly ice ;?i)ali, i;) the cor.- K'tC(i) to irre' lion, t U) Lard ixxy terra i:. ilt of tl)0 tl'o ciKse pounds ; lioro Iho :cecil ten 20 r months t!;e con> uid upon iioro any^) ;e uap. 26. OF CANADA, e^ 13 above ic sum c(l livn IcndarCO e only, h con- Uiartcr s after istrict, 25 have ainant matter 1 clear 'cmainGO , with tioned appeal to pay such costs as shall be by the Court awarded ; and upon such notice being given, and "uch recognizance being entered into, tlie Justice before whom the same shall be entered into, shall liberate such person if in custody ; and the Court at such Scs- 5 sions shall hear and determine the matter of the appeal, and shall make such order therein with or without costs to either party, as tf) the Court shall seem meet • and in case of the dismissal of the appeal or the aiiirmance of the conviction, sliall order and adjudge the oirender to be punished according to the conviction ; 10 and to pay such costs as shall bo awarded, and shall, if necessary issue process for enforcing such judgment. XXXIX. And bo it enacted, that every Justice of the Peace, Conyidkms II' 1 1 n I ■ , ^ c ^ !o 1)0 iT(i:mf(l beiore wliom any person shall bo convicted ot any olli;nco (o the Quarter against this Act, shall transmit the conviclion to the next Court '-^''-'loJis- 15 of General or Quarter Sessions v/hich siuill bo holden for the District or Inferior District, County or Place, wherein the olTonco shall have been committed, there to be kept by the proper Olficer among the records of the Court ; and upon any indictment or information against any jicrson for a sub'sequent offence,, a copy GOofsucli conviction, certified by the [jroper OlFicer of (he Court, or proved to be a true copy, shiill be sulhcient evidence to prove a Ilowfir cvi- conviction for the former ollence, and the conviction shall be I"'^" ,"! *"" presumed to have been unappealcd against until the contrary be shown. 25 XL. And for the protection of persons acting in the execution Limitntion of of this Act; be it enacted, that all actions and prosecutions <" ,i'4;!innvo,.,f(^i^ be commenced aoainst any person foranv thin"- done in pursuance iii;i'"iiJcrtlua , ' . . Act, of this Act, shall be laiil and tried in the District or Inferior * District where the fact was committed, and shall be commenced , *^ within six calenchir months after the fact committed, and not otherwise ; and notice, in writing, (»f such action, and of the cause Notice of thereof shall be ijiven to the defen(hint one calendar mimth at least before the commencement of the action ; :;ri;i in any such action the defendant may plead the general issue, and give this General Lsblb. E'2 70 CRIMINAL STATUTES 4 & 5 Vic. Fiiicp, Sic. to lir in current luoruy. Act and the special matter in evidence at any trial to be liad thereupon ; and no phuntilV shall recover in any such action if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court after such actit)n brought by or on behalf of ;' the defendant ; and if a verdict shall pass for the defendant, or the plaintiff shall become non-suit, or discontinue any such action after issue joined, or if, upon demurrer or otherwise, judgment shall be given against the plaintiif, the defemlant shall recover his full costs as between Attorney and Client, and have the like i(> remedy for the same, as any defendant hath by Law in other cases ; and though a verdict shall be given for the plaintilf in any such action, sucli plaintiff shall not have costs against the defendant, unless the Judge before whom the trial shall be, shall certify his approbation of the action, and of the verdict obtained 15 thereupon. \ ! XLI. And be it enacted, that all fines, forfeitures and penal- ties imposed by this Act, and all sums expressed as the value of any Goods, Chattels, or other Property herein mentioned, shall be deemed and taken to be current monev of this Province. 20 I Kopculing cluiisc. Pro vis J, XLII. And be it enacted, that all Acts or parts of Acts, or Provisions of Law in force in this Province or any part thereof, immediately before the time when this Act shall come into force, •which shall bo inconsistent with or contradictory to this Act, or which make any provision in any matter provided for by this 25 Act, other than such as is hereby made in such matter, shall from and after the time when this Act shall come into force, be and they are hereby repealed, except in so far as may relate to any oflence committed before the said time, which shall be dealt with and punished as if this Act had not Iveen passed, 20 5 Vic. CI 111 p. 27» OF CANADA. 71 )e bad tioii if i sugIi have half of '> xnt, or action l I other ntilf in nst the ?, shall stained 15 penal- ilue of , shall 3. 20 cts, or hereof, force, Let, or )y this 25 , shall ce, be late to 2 dealt 20 CAP. XXVil. An Act for consolidating^ Jind amending tlie Statutes in this Province relative to offences against the person. [ISih September, \Sn.] "'■TMTHEREaS it is expedient to amend and consolidate the Prcambk provisions contained in various Statutes now in force in this Province, relative to olR'Hces against the person ; Be it therefore enacted by Uie Queen's Most Excellent Majesty, by and with 5the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, intituled An Act to Re-unite the Provinces of Upper 10 and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, that this Act shall commence and take effect from and after the first day of January, one thousand eight hundred and forty-two. II. And be it enacted, that every offence, which before the n^p^t'""Ttli ?5 commencement of diis Act would have amounted to Petit Treason, Act. shall be deemed to be Murder only, and no greater offence ; and to be treated in » tiiis all persons guilty in respect thereof, whether as principals *^| r^Fcts as or as accessories, shall be dealt with, indicted, tried, and punished as principals and accessories in Murder. 20 III. And be it enacted, that every person convicted of Murder, Punishment orofbeinjvan acccssorv before the fact to Murder, shall suffer *^^ ,1'""^*'^^^^ --' « ' and accosso- deatli as a Felon ; and every accessory after the fact to Murder, ries inMurdur. shall be liable, at the discretion of the Court, to be imprisoned at hard labour in the Provincial Penitentiary for the term of his 25 natural life, or for any term not less than seven years,* or to be * But sec G V. c. 5. 72 CRIMINAL STATUTES 4 & 5 Vic. imprisoned in any other prison or place of confinement fur any term not exceeding two yenrs. Scntpneo in IV. And be it enacted, tluit from nnd after tlio passing of lliis (icr. " ^^'' Act, sentence of Death may bo pronounced after convictions for Murder, in the sanio manner, and tiie Court before which the r> conviction may be had shall have the same power in all respects as after convictions for other capital oliences. Prison ro- V. And bo it enacted, that every person convicted of Murder, ;n)!;Uiou3 ay to , ,, « . , , ^ i '• /• i ■ i • i Munl('re!-.sun. '^ball, alter judgment, be cordined in some sale place williin the •Jcr soul once. Prison, apart from all other prisoners, and shall bo fed with lo bread and water ordy, and with no other food or liquor, except in case of receiving the Sacrament, or in case of any sickness or wound, in which case the Surgecui of the Prison may f)rdcr oilier necessaries to be administered ; and no person but the Gaoler and his Servants, and the Chaplain and Surgeon oi the Prison, i& shall have access to any such Convict, without the permission, in writing, o( the Court or Judge before whom such Convict shall have been tried, or of the Sherilfor his Deputy. Provision for VI. And bs it enacted, that where any person, being fcloni- Mnnlcr and onsly stricken, poisoned, or otherwise hurt upon the sea, or at-jo Mansl;ui!>htci- j^,,y pjaco out of this Provinco, shall die of such stroke, poisonino-, death, or tho or hurt, in this Province, or being feloniously stricken, poisoned, on"vninp?ni ^'' Otherwise hurt at any place in this Province, shall die of such in this Pro- stroke, poisonJDg, or hurt, upon the sea, or at any place out of this Province, every olTenco committed in respect of any such 05 case, whether the same shall amount to the olfence of Murder or of Manslaughter, or of being accessory before the fact to Murder, or after tho fact to Murder, or Manslaughter, may be dealt with, enquired of, tried, determined, and punished in the District, County, or Place in this Province, in which such death, stroke, 30 poisoning, or hurt shall happen, in tho same manner, in all respects, as if such offence had been wholly committed in such District, County or Place. i L. 5 Vic. Di- anv of lliis ons fi)r cl» tlie & (}S],;e'Cls Iiiidor, lin tlie 1 with 10 except ness or r other Gaoler Prison, i& sion, in ct sltall foloni- , or at-io sonino;? isoued, oi' isueli out of rder or lurder, t will], listrict, stroke, 30 in all n such Clrap. 27. OF CANADA. 78 VII. And bo it enacted, that cverv person convicted of Man- I'linihiitunit slaughter, shall he liable, at the discretion of iho Court, to he «J^^'""^'''"Ji»'- iniprisoned ai hard labour in the Provincial Penitentiary for the term of his natural life, or for any term not less than seven years,* 5 or to bo imprisoned in any other prison or place of confinement for any term not exceeding two years, or to pay such line as the Couit shall award. VIII. Provided always, and be it enacted, that no punishment AHtoTtomi- or forfeiture shall be incurred by any person who shall kill [oy^ 10 another by misfortune or in his own defence, or in any other manner without Felony. IX. And bn it enacted, that whosoever shall administer or runihlimfrit , .for adniiiiistcr- causo to be taken by any person, any Poison or otiier destructive injr p„iron.Ovc. thing, or shall stab, cut or wound any person, or sh;ill by any ,?on!l„"t''' ','',':•* 15 means whatsoever cause to any person any bodily injury, dan- *it'r. gerous to life, witli intent, in any of the cases aforesaid, to commit Murder, shall be guilty of Felony, and being convicted thereof shall sulfer death. X. And be it vUacted, that whosoever shall attempt to admi- ^ Punislmior.t . for ofloiict'K 'jiinistcr to any person any roison or other destructive tiling, or with intptit to shall shoot at any person, or shall by drawing a trigger or in any /['''""hon^h^o other manner, attempt to discharge any kind of loaded arms at i'ljuryriToctiii. any person, or shall attempt to drown, suffocate, or strangle any person, with intent in any of the cases aforesaid to commit the 25crime of murder, shall, allliough no bodily injury shall be eflfected, be guilty of Felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be imprisoned at hard labour in the Provincial Penitentiary for the term of his natural life, or for anv term not less than seven years,* or to be imprisoned in any soother Prison or place of confinement for any term not exceeding two years. XI. And be it enacted, that whosoever unlawfully and mali. Punishmn.t , for cuUinj; ai. ; ♦ But sec G Vic. c. 5. 74 CRIMINAL STATUTKS 4 & 5 Vic. mnimitiir with clously shall slioot at any person, or slmll, by tlnvwino- a tritr,!j;or Sun-. *" '^'^ ^^^ '" ^^y ^^^^^^ naanner, jittempl to disclinr^o any kind of loaded arms at any person, or shall stab, cut or wound any person, with intent in any of the cases aforesaid to maim, disligure, or disable such person, or to do some other grievous bodily harm to such 5 person, or with intent to resist or prevent the lawful apprehension or detainer of any person, shall bo guilty ofB'elony, and being convicted thereof, shall be liable, at the discretion of the Court, to bo imprisoned at hard labour in the Provincial Penitentiary for the term of his natural life, or for any term not less than seven lo years,* or to be imprisoned in any other prison or place of con- finement for any term not exceeding two years. I'unishmcnt ^H. And bc it cnacted, that wliosoever shall unlawfully and fiTRendinirox- maliciouslv send or deliver to, or cause to bc taken, or received filosivc sub- •■ ' ' stances or by any person, any Explosive Substance, or any other dangerous 15 throwing dcs- ' • ^ . i n . i .i • ■ tructive niattcr ^^ noxious thing, or shall cast or tbrow upon or otherwise apply with intent to to any person, any Corrosive Fluid, or other destructive matter, Oi> bodily harm. .,..•'-, ^, • t ^ witii intent m any of the cases aforesaid, to burn, maim, disfigure, or disable any person, or to do some other grievous bodily harm to any person, and whereby in any of the cases aforesaid aiiyii* person shall be burnt, maimed, disfigured or disabled, or receive some other grievous bodily harm, shall be guilty of Felonv, and being convicted thereof shall be liable, at the discretir.n cftlie Court, to be imprisoned at hard labour in the Provincial Peni- tentiary for the term of his natural life, or for any term not less'.25 than seven years,* or to be imprisoned in any other prison or place of confinement for any term not exceeding two years. f/'tryilrTo ^^^^- ^"'^ ^^ '* enacted, that whosoever, with intent to pronirc Abor- procure the Miscarriage of any woman, shall unlawfully admi- nister to her, or cause to be taken by her, any poison or other tjo noxious thing, or shall unlawfully use any instrument or other means whatsoever with the like intent, shall be guilty of Felony, tion. ♦ But see 6 V. c. 5. 5 Vic. loiulcd n, with (lisal)l(f ;o such heiisioii il beinp; Court, entiiicy n seven lu of" con- lly and jccived [igerous 15 D apply matter, sfigurc, y liarm id any 20 rccoi\e ^', and "(.fthe I Peni- lot less-.') r place cnt to admi- otlier :jo ■ other 'elony, Chap. 27. Oi- CANADA. 75 and heini:; convicted thereof shall ho liable, at the discretion of the Court, to be imprisoned at hard labour in the Provincial Penitentiary for the term of his natural life, or for any term not less than seven years,* or to be i!npris(med in any other prison or r, [)hice of coniinement for any term not exceeding two years. XIV. And be it enacted, that if any woman shall be delivered i>f a child, and shall, by secret burying or otherwise disposing of the dead body of the said child, endeavour to conceal the birth thereof, every such odbnder shall be guilty of a Misdemeanor, lOand being convicted thereof, shall be liable to be imprisoned for any term not exceeding two years ; and it shall not be necessary to prove whether the child died before, at, or after its birth : Proviiied always, that if any woman, tried for the murder of her child shall he acquitted thereof, it shall be lawful for the jury, by 15 whose verdict she shall be acquitted, to find, in case it shall so appear in evidence, that she was delivered of a child, and that she did, by secret burying or otherwise disposing of the dead body of such child, endeavour to conceal the birth thereof, and thereupon the Court may pass such sentence as if she had been convicted 20 upon an indictment for tlie concealment of the birth. XV. And be it enacted, that every pers(/n convicted of the abominable crime of Buggery, committed either with mankind or with any animal, shall suffer death as a Felon. XVI. And be it enacted, that evciy person convicted of the 25cri/ne of Rape, shail sulfur death as a Felon. XV^Il. And be it enacted, that if any person shall unlawfully and carnally know and abu^e any Girl under the age of ten vears, every such olfender shall be guilty of Felony, and being convicted thereof, shall su'Ter death as a Felon ; and if any 50 person shall unlawfully and carnally know and abuse any Girl, being above the age of ten years and under tlie age of twelve * But see G Vic. c. 5. A womriri srercting tlic (Ii'ikI Ixidy (if b.cr I'liild, ((> concriiltticfnct of its Mrtli, jjuilly of (iiitt- (l( iiicaiior. Proviso. Sodomv. Rr!I»c. Carnal know- Icd(^c of a jiirl under 10 ; llio like of a <;irl above 10 and belcw 1-2. M te CRIMINAL STATUTES 4 Si 5 Vic. I What hIiiiII be siillii'irnl rir(iororr'i'rn:il Kiiowlc.ltrc il) till' linir |»ie- Forciblo Ab- fluctit)!! of a \V'o:niv;i on of- r.uKit of licr fortiin;' willi iiitcni, to i;;iii- ry her, cVc. yonrs, every surli olVnuIcr shall be guilty of a Mistlumeanor, and heiiitf convicted iliercinf, jsjiali lie liable to be imprisoned for such term as the Court shall award.* XVIII. And wlu^reas upon trials for the crime of Buirgery, and of Ila[)e, and of carnally abusinj;- Girls utulor the respective 5 ages liertMidjeJiiro monlioned, otlenders frequently escape by reason of the dlHiculty of the pr^)of which has been required of the completion of ih )so several crimes ; for remedy thereof, be it enacted, that it shall not he necessary, in any »)f those cases, to prove the actual emission of seed in order to constitute a i(i carnal knowledge, but that the carnal luu)wledge shall be deemed complete upon proof of penetration only. XIX. And bo it en:u;ted, that where any woman shall have nnv interest, wliellier legal or ccjuitable, present or futin-e, abso- lute, conditional, or contingent, in any real gilimate child, or to have any Sj!,/ihl\7ii!o.Ir- riglit to the po .ession of such child, shall be liable to be i'""'to cl;ii- prosecuted by virtue hereof, on account of his getting possession of such child, or taking such child out of the possession of the mother, or any other person having the lawful charge thereof. 2.; XXlf. And be it enacted, that if any person, being married, Biramy. f.iuili marry any other person during tiic life of the former husband or wile, whether tbe second marriage shall have taken place in this Province or elsewhere, every such ollender, and '• every person counselling, aiding or abetting such olFender shall 30be guilty of Felony, and bc'ng convicted thereof, shall be liable to be imprisoned at hard labour in the Provincial Penitentiary for any term not less tlian seven years,f or to be imprisoned in cars. * See G V. c 5. s. 'A. in case:* where the term awarded exceeds two years, t But see G V. c. 5, 73 CRIMINAIi STATUTES 4& 5 ic. •S 'I'fili I any other Prison or place of conlincmcnt for iiny torm not Plaoo of trial, oxcooding t WO years ; and any such olTencc may be dealt with, enquired of, tried, determined, and punished in the District or County where the olFcpder shall be apprehended or he in custody, as if the oifence iiad b^-'cn actually committed in that District 5 Excpptioiifi, ^^^ County: Provided ul vavs, that nothing herein v^ontained shall extend to any second marriage contracted out of this Province, by any other than a Subject of Her Majesty, resident in this Province, and leaving the same with intent to commit the ofFence, or to any person marrying a second time, whose husband or lo wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time ; or shall extend to any person, who, at the time of such second marriage, shall have been divorced from the bond of the first njarriage ; or li; to any person, whose former marriage shall have been declared void by the sentence of any Court of competent jurisdiction. Arrcstinjr a XXIII. And he it enacted, that it anv person shall arrest any during divine Clergyman or Minister ot the Gospel, upon any civil process, service, while he shall be performing divine service, or shall, with the 20 knowledge of such person, be going to perform the same, or returning from tlie performance thereof, every such otlender shall be guilty of a Misdemeanor ; and boinj^ convicted thereof, shall sulTer such punishment, by fine or imprisonment,* or by both, as the Court sliall award. jj ranishmpnt XXIV. And be it enacted, that if any person shall assault OM'nvTs &(•"" ^"^^ strike or wound any Magistrate, OlTicer, or other person f'"*-'i'^''«^"''""-- whatsoever, law i'ullv authorized, on account of the exercise of vours to save . • . . „ , . Milpwrockid his duty in or concerning the preservation ol any vessel in j)roi)ei-ty. distress, or of any vessel, goods, or elfects wrecked, stranded, or^o cast on shore, or lying under water, every such oflTonder, being convicted thereof, shall be liable to bo imprisoned at hard labour * Sec G V. c. 5. s. 3, in cases where tlic term awariloit oxcpt-tls two j'cars. & 5 Vic. Chap. 27. or CANAp-A. 79 %^. term not 'iilt will), )istrict or I ci'.stoily, : District 5 .ontained of this esitliiiit in )mmit the ushand or lo on for the ave been or shall marriage, riage ; or IC 1 declared iiction. irrcst any I proccf^s, with the 20 same, or nder shall uof^ shiill V b()tli, as •Jj II asr;aii1t or person ^ercise ot' vessel in •anded, or;y ler, heing ird labour cars. in the Provincial Penitentiary fhr any term not less than seven years,* or to be imprisoned in any other I'rison or place of con- jin( .iicnt for any term not exceeding tvvo years. XX r. And bo it crvacted, that where Jir/ person shall br 5charged witii and convicted of any of the loI.i<)wii*g ollences as Misdemeanors ; that is to any : of any assault wifh intent to commit Felony ; of any assault upon any Peace Oirteer or Revenue Odicer in the due execution of his duty, or upon um person a(,ting in aid of sucli ollicor ; of i'.ny assault up(^ any person lowiiii intent to resist or prevent the lawful apprehension or detainer of the party so assaulting, or of any o^'jer person, for any olfonce for wlfn !i he or they may be liable ny law to be apprehended or detained ; or of any assault co?^nmitted in pursuance of any conspiracy to raise the rate of wagt'> : in any 15 such ctase, the Court may sentence the olfender to he imprisoned for any term not exceeding two years, and may also (if it shall so think fit) fine the ollender, and require him to find sureties for keeping the peace. f XXVI. And be it enacted, that if any person shall, imlawfully 20 and with force, hinder any Seaman from working at or exercising Ins lawful trade, business or occupation, or shall beat, wound, or use any other violence to him, with intent to deter or hinder him from working r.t or exercising the same ; or if any person shall beat, v/ound, or use any othei violence to any person, with 2:) intent to deter or hinder him from selling or buying any wheat or other grain, Hour, meal or malt, in any market or other place, or shall beat, wound, or use any other violence to anv person having the care or charge of any wheat or other grain, flour, meal, or malt, whilst on its way to or from any city, market-town, 30or other place, with intent to stop the conveyance of the same, every such ofiender may be convicted Ihorcof before two Justices of the Peace, and imprisoned and kept to hard labour in the Assraills with inlciit til com- mit ffli)iij ; ;i ■•faults on Peace (Jlliccrs; or to prevent t\w iirrcHt of oflVnilers ; or in pursuiiuce ot'iieoiitipiracv torais(! vvagcH; [iiiiiishabic with hard la- bour. As~aniton any Souiiian, &c. to prevent liim from workinjr; aHi'iults with intent lo ob- struct thcYuiy- insx or scllinn of Grain, or its freo [jassaijr ; jjunisliablo !)c- fiire two Ma- gistrates, widi iiijprisonincnt not exceeding 'lu-ec nionthtj. ♦ tUit see f) V. c. 5. t But see G Vic. c. 5. s. 5. as to assaults with intent to Rape or Buggery, 80 CRIMINAL STATUTES 4 & 5 Vic. Cummon Gaol, or House of Correction, for anv term not exceed- Provi.-4o. in to ^''^""c^oro enacted, that vvhere any person sliall unlawftdly assault pay aiiu- :'.!i,i or boat auv other pcr,:ion, it shall be lawful for anv Justice of the ^0 costs not ox- „ " 1.^1 . 1 ' • 1 • couJin^r i^j. i eacG, upon compiamt 01 the party affgnoved, praying him to proceed summarily under this Act to hear and determine such olTence ;* and the offender, upon conviction thereof before liim, shall forfeit and pay such fine as shall cnpear to him to be meet, not exceeding together with costs (if ordered) the sum of Five li^ App!ic-;,;loii of pounds, which fine sliall bo paid to the Treasurer of the Muni- ctpal District or Place, in which the olfence sliall have been committed, and make part of the funds of such District, or if the conviction he had in any place not within any Municipal District, thon such fiue shall be paid o\'cr to such Officer, and be 20 applicable to such purposes as other fines and penalties by law are ; and the cvulenco of any inhabitant of the P>Iunicipal District shall bo admitted in proof of the offence, notwithstand- ing such application of the fine incurred thereby ; and if such Commitment fine as shall be awarded by the said Justice, together with the25 ment. ' "^ costs (if ordered) shall not bo paid, eith.er immediately after the conviction, or vrithin such period as die said Justice shall at the time of the conviction ap[)oint, it shall be lawful for him to commit the oirendcr to the Common Gaol or House of Correction, there to be imprisoned for any term not exceeding two calendar SO months, unless such fine and costs be sooner paid ; but if tho Justice, upon the hearing of any such case of assault or battery shall deem the offence not to bo proved, or shall find the ♦ liiit !!oo tK(^ I'llcrtioji Act C V. c. 1, as to I'.ssuults within a certain diiituace of the PcU (Jurin Let. ery Felony >nd degree, with death in the first lo y after the on convic- ieding two n shall be 15 for which le Court to isoned and [Correction, itary con-2(i lent, or of 3ne month one year, ny person 25 ly Felony Assault uit of the ainst the ng; and 30 power to Chap. 27. or CANADA. imprison the person so found guilty of an Assault, for any term not exceeding three years.* XXXVIII. Provided always, and be it enacted, that nothing Noito.inwt herein contained shall alter or affect any of the laws relating to tingtoThcFor- 5 the Government of Her Majesty's Land or Naval Forces. c^"- XXXIX. And be it enacted, that it shall be lawful for the Persons im- Queen's Majesty, and for the Governor, Lieutenant Governor or H" pwdonedr"^ Person administering the Government of this Province, to extend the Royal Mercy to any person imprisoned by virtue of lodiis Act, although he shall be imprisoned for non-payment of money to some party other than the Crown. XL. And for the more effectual prosecution of ofTences Provision- punishable upon summary conviction by virtue of this Act ; Be a^rainst thL^ it enacted, that where any person shall be charged on the oath Ac'ipunishai)!.- ' -^ i o on sumniarv 15 of a credible witness, before any Justice of the Peace, with any conviction. such offence, the Justice may summon the person charged, to appear at a time and place to be named in such summons, and if he shall not appear accordingly, then (upon proof of the due service of the summons upon such person, by delivering the same •20 to him) the Justice may either proceed to hear and determine the case ex parte^ or may issue his warrant for apprehending such person and bringing him before himself or some other Justice of the Peace, or the Justice before whom the charge shall be made may (if he shall so think fit) issue such warrant in the first •25 instance, without any previous summons. XLI. Provided always, and be it enacted, that the prosecution Time forsum- for every offence punishable on summary conviction by virtue of ^H P'"^'"'-' this Act, shall be commenced within three calendar months after the commission of the offence, and not otherwise. 3p XLII. And be it enacted, that the Justice before whom any Form of con- person shall be summarily convicted of any offence against this miction * See 6 Vc. 5. if the imprisonment exceed two years. F2 8ti CRIMINAL STATUTES 4 & 5 Vic. C. 27. lU Act, may cause the conviction to be drawn up in the following form of words, or in any other form of words to the same effect, as the case shall require ; (that is to say,) " Be it remembered, that on the day of in the year of our Lord at in the County of {or Riding, Division, District, City, &c. as the case may be,) A. O. is convicted before me, (naming the Justice^) one of Her Majesty's Justices of the Peace for the said County (w Riding, &c.) for that the said A. O. did {speci/t/ the offence, and the time and place when and where the same was committed, as the case may be;) and I the said Justice adjudge the said A. 0. for his said offence, to be imprisoned in the (or to be imprisoned in the and there kept at hard labour) 15 for the space of (or, I adjudge the said A. O. for his said offence, to forfeit and pay the sum of (here state the amount of the fine imposed,) and also to pay the sum for costs ; and in default of immediate payment of the said sums, to be irapri- ~o soned in the for th*' space of unless the said sums shall be sooner paid ; (or, and I order that the said sum shall be paid by the said A. O. on or before the day oi' and direct that the said sum of 25 [i. e. the amount of the fine,) shall be paid to of aforesaid, in which tlie said offence was committed, to be by him applied according to the directions of the Statute in that case made and provided ; (or as the case may be .) and I 'M " order that the said sum of for costs *' shall be paid to C. D. (the party aggrieved.) Given under " my hand the day and year first above mentioned." Not torcixuii XLIII. Provided always, and be it enacted, that nothing in any Art rclat- • , . ,. v , » r ■ injr to High this Act contained, shall atiecl or alter any Act, so far as iti^f- it (4 l( (( a (C C( (C (( a a u u (( (( (( (( C( (( (( C( (( l( (( a V( ic. c. 21. following ne effect, [ may be,) ,) one of 1 County ecifi/ the lu the same id Justice nprisoned ted in the d labour) 15 3 the said of mposed^) s ; and in be impri--*^ urns shall shall be day sum of25 shall be ko be by e in that 1) and 130 I for costs sn under Ihing in far as it3f) & 6 Vic. c. 5. OF- CANADA. dt relates to the crime of High Treason, or to any branch of the J"J^" *^* Public Revenue. XLIV. And be it enacted, that all Acts, or parts of Acts, All Acu re- or provisions of Law in force in this Province, or any part thereof, ^cueScaiedL*' 5 immediately before the time when this Act shall come into force, which shall be inconsistent with, or contradictory to this Act, or which make any provision in any matter provided for by this Act, other than such as is hereby made in such matter, shall from and after the time when this Act shall come into force, be and they 10 are hereby repealed, except in so far as may relate to anyoflbnce committed before the said time, which shall be dealt with, and punished, as if this Act had not been passetl. Oth victoria. C A P. V. An Act lor better proportioning' tlie ]>uni^hv.lent to iUv offence, iji certain cases, and lor other purposes tlierein mentioned. [{2th October, 1842. J ■WKTHEREAS it is expedient to enable the Courts, before Preamble, whom oti'enders may be convicted in ertain cases, better li'to proportion tiie punishment of such oflendc's to the guilt of the offence ; Be it therefore enacted bv the Queen's Most Excelleui Majesty, by and with the advice and consent of the Legislative Council, and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the 20 authority of an Act passed in the Parliament of the United King- dom of Great Britain and Ireland, intituled An Act to Re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the autho- rity of the same, that so much of a certain Act passed in the •25 Session held in the fourth and fifth years of Her Majesty's ^., 34 ^jlgj '^' i 88 CRIMINAL STATUTES C Vic. Reign, and intituled An Act for improving the adminialrotion of Criminal Justice in this Province, or of a certain other Act t & 5 Vic, passed in the same Session, and intitided An Act for consoii- ' " ' ' ' dating and amending the Laws in this Province, relative to Larceny and other o fences connected therewith, or of a certain !> ^.'^.s Vic. other Act passed in the same Session, and intituled An Act for consolidating and amending the Laws in thisProvince, relative to malicious injuries toproperty, or of a certain other Act passed 1 (St 5 Vic. in the same Session, and intituled An Act for consolidating and amending the Statutes in this Province, relative to offences lo ProviHion« in- f^gcti^st the person, or of any other Act or Law, as shall bo . imsistnntwith repugnant to or inconsistent with the enactments of this Act, pt'nic.i, shall be and is hereby repealed. Oases in wiiich H. And be it enacted, that for each and every offence for in-^ committeii wliich by any of tiie Acts hereinabove cited, the offender is ir> to tho Provin- {[g})]^ on conviction to be punished by imprisonment in the Pro- .t,.,:.i „i which by any of the said Acts or by any other Act or Law, the ['ii"::|.uni-ii.(! •' ■^ 111 III "V tniMsjiortu- •offender m" ht, if this Act had not been passed, have been pun- tion, (incnil»r»< ished by transportation beyond Seas, such offender may, if con- IX.i'ti.nriik. victed after the passing of this Act, be punished by imprisonment ••"n i" thv in the Provincial Penitentiary for any term for which he might have been transported beyond Seas if this Act had not been 10 passed, or by imprisonment for life, it without this Act he might have been punished by transportation for life. V. And whereas it is necessary to determine the punishment Assault with to be inflicted upon certain offenders, not provided for by the |"J,'''^\ '" '^'""' said before recited Act, intituled An Act for consolidating and t'ominabi.' i'j amending the Statutes in this Province, relating to offences pu",ish,.,i against the person, be it enacted that where any pt^rson shall be charged with and convicted of any Assault, with intent to commit Rape, or of any Assault with intent to commit the abominable crime of Buggery, either with mankind or with any •JO animal, the Court in any such case may sentence the offender to be imprisoned at hard labour in the Provincial Penitentiary tor any term not exceeding three years, or to be imprisoned in any other Prison or place * " conrtnement for any term not exceeding two years, s, for ^fiction shall iment, IMAGE EVALUATION TEST TARGET (MT-3) /> 4r id. ^- 1.0 !f "^ I I.I 1.25 25 I4£ 1!^ 124 i:^ IIIIIM 1.4 1.6 ^ / o 7 *^J^ %: # Photographic Sdences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. HS80 (716) 872-4503 k^ ^tf fy 'C. 'W4^ O^ ^ 4'.' '. '^''•H,:'i ^.tst*w5#'i,iiV, ■ •' fj- ■■! ; V • ' ',f..-:Ji • ^ It ,,f I * - ' .- «r (( ' .\ f~' '*,-, ! "tJ i ' f \ l\ /..-'■ ■ ■■ if I' -• ■■ ■ -■ ' . • . ; ■■•. .'''' .A ■ I !."■ ,.■ ■ ■ ■ " ,!f:';,|i- '■■ v..^--/., ,■ INDEX. . •"'"■;:'■;■■;::,.., ,,.; '..j^.;», ....... :■.■■ ABDUCTION, : Si 1 ,!^ '■ p^fre, of a Woman, punishment for 76 of a Girl ib. ABETTORS, in misdemeanor, may be punished a«i Principals under Larceny and Malicious Injury Acts 46, 63 in offences punishable on summary conviction, how punishable il). ABORTION, trying to procure punishment for 74 ACCESSORY, may be prosecuted afler conviction of principal, though principal be not attainted, &c 18 be/ore the fact ; if offence be committed in difterent Dis- tricts or Counties, may be tried in either 17 may be tried as such, or as a substantive felon, by any Court which has jurisdiction to try principal felons ib, and principal, in second degree, how punishable in cases of felony 63 after the fact ; if offence be committed in different Dis- tricts or Counties, majrbe tried in either 18 may be tried by any Court which has jurisdiction to try principal felons ib in cases of felony, how punished 63 ACTIONS, for acts done under the Larceny and Malicious Injury Acts — when to be commenced 53, 69 ADMINISTERING POISON, with intent to Murder 73 AGENTS. See title Embezzlement. AGRICULTURAL PRODUCE, burning 60 APPEAL, against summary convictions — when and how 52, S3 Appeals triable by Jury ib. 93 INDEX. APPREHLNSION, Page. when it may take place without a Warrant and by whom 46, 47 where stolen Goods are offered ib. of a Clergyman 78 ARSON, punishment for 66 ASSAULT, with intent to Rob 29 on Maffistrates, «&c. endeavoring to preserve wrecked Goods 78 with intent to commit Felony 79 on Peace or Revenue Officers • lb. with intent to prevent apprehension • r ib. in pursuance of a conspiracy to raise wages ' ib. on Sea'nen, &c ib. concei-ning the buying or selling grain ib. commoii 80 with intent to commit Rape, or abominable crimes 89 ATTAINDER, cannot be pleaded in bar unless for same offence as charged in the indictment 10 ATTORNEY. See title Embezzlement. acting bonft fide, not within the provisions against em- bezzlement 40 BAIL, who may be bailed 4 BAILMENT, to be certified in writing by two Justices in cases of Fe- lony and Misdemeanor 4, 5 & 6 BANISHMENT, returning from 12 indictment for — allegations of 12, 13 what shall be deemed sufficient evidence 13 BANKER. See title Embezzlument. acting bonft fide not witliin provisions against embezzle- ment 40 BANKS of, Sea, River, &c. — damaging them 69 BARGE, larceny from 31 BARN, the subject of arson 5^ riotous destruction of 57 BEASTS, in a state of confinement — punishment for stealing 35 BES5TIALITY. See Sodon.v. Page. 46, 47 ib. 78 55 29 78 79 ib. ib. ib. ib. ib. 80 89 10 40 4 12 12, 13 13 40 59 31 5^ 57 35 INPEX. 93 DZNEFIT of CLERGY, Page. abolished in cases of Felony 10 BIGAMY, punishment 77 BIL/^S, '■ stealing 27 BIRDS, in a state of confinement— punishment for taking, . . 35 BIRTH, concealment of— punishment 75 BOAT, larceny from 3j BONDS, stealing 27 BOUNDARIES of. Districts and Counties— where trial is to be when the offence is co.nmitted on them 19 BRIDGES, public — punishment for injuring them 59 BROKER. See title Embezzlement. acting bonft fide, not within the provisions against em- bezzlement 4.0 BUGGERY, punishment for 75 proof of. 7g BUILDINGS, used for manufactures, the subjects of Arson 55 riotous destruction of " * 57 BULL, stealing — how punishable 35 BURGLARY, definition of, and punishment for 30 what are buildings for that purpose ' 31 BURGLARS, using violence, to suffer death 30 BURNING, of churches, chapels, dwellings, «&c 55 corn, grain, &c — the punishment " 60 CALF, stealing—how punished 35 CANAL, bfiiik or wall of— lock, sluice,&c. unlawfully broken down 59 CANAL BANKS, damaging gg works upon — damaging them ib CARNAL KNOWLEDGE of, children— punishment of— and proof 75 75 g2 94 INDEX. CATTLE, Page. stealing— how punished 35 killing or maiming, punishment ,. Q^t CERTIFICATE of JUDGE, in actions of bailment by Justice ^j ^i ^ of Coroner ib. CHALLENGE of JURY, by law all peremptory challenges beyond number allow- ed entirely void 10 CHAPEL, Property of— how to be laid in Indictments relating to Felonies ' 20 Arson of 5fi riotous destruction of 57 CHILDREN, carnal knowledge of 75 proof ■ 76 CHILD STEALING, punishment 77 CHURCH, property* of— how to be laid in indictments relating to Felonies 20 arson of 56 riotous destruction of 57 CLERGY, benefit of, abolished in cases of Felony 10 no person to suffer death for any felony not excluded from benefit of Clergy before the present Acts, unless made punishable with death by some sub- sequent Act ib. CLERGYMEN, arrest of 78 CLERKS. See title Embezzlement. Larcenies and embezzlements by — how punishable 38, 39 COACH HOUSE, the subject of arsoH 55 riotous destruction of 67 COLT STEALING, how punished 35 COMMENCEMENT of ACTS, Criminal Justice Act, 4 & 5 Vic. c. 24, 1st January, 1842 25 Larceny Act, 4 & 5 Vic. r. 25, 1st January, 1842 2^ Malicious Injuries Act, 4 & 5 Vic. c. 26, 1st January, 1842 66 Offences agninst Person Act, 4 & 5 Vic. c, 27, 1st Janu- ary, 1842 71 Punishment Regulatory Act, 6 Vic. c. 5, 12th October, 1842 87 Page. 35 60 10 20 55 67 75 76 77 SO 67 10 ib. IB 38,39 30 25 2^ 65 71 87 INDEX. 95 COMMITMENT, page, in cases of Felony and Misdemeanor to be upon exami- nation on oath reduced to writing by Justice 4, 5 & 6 COMPETENCY, of witness restored after suffering punishment for mis- demeanor, excepting for perjury or subornation of perjury H CONVICTIONS, summary. See Summary Convictions. CORN, burning it qq CORONER, his duty upon an inq^uisition 6 power &c, to bind witnesses by recognizances ib. to certify and subscribe evidence, &c. in cases of man- slaughter or murder, and deliver same to officer of Court 15, neglect herein fineable by Court 7 COTTON MANUFACTURES, destroying qq COUNTIES, " ■ ' boundaries of— offences committed on, where tried .... 19 COUNTING HOUSE, larceny in 31 COUNSEL, allowed to persons accused of felony, to make full answer and defence 8 and in cases of summary conviction ib COWS, stealing — how punished 35 CRIMINAL ACTS, rule for interpretation of 24 CURTILAGE, there must be a communication between building and dwelling-house, to make an entry burglarious, al- though it may be within the same curtilage 31 DAM, of fishpond and millpond, breaking down 60 DAMAGE, malicious, general and not specified in the Act 68 DEATH, punishment of prohibited for felonies not excluded from benefit of clergy before the preaent Acts, or di- rected by some subsequent Act 10 Courts may order sentence of to be entered of record in certain cases 15 may direct execution in certain cases 16 Record of Sentence to have the same effect as if judg- ment pronounced ib. Hi 96 INDEX. DEBTOR, Pagt!. in Gaol upon charge of criminal ollencc not to be re- moved by any order of Court out of District in which he is conflned 8 DEEDS, stealing 34 DEER, taking them, where no Larceny at Common Law 35 DEFAULT, ofler — what defects will not vitiate indictment or infor- mation 21 DISTRICTS, boundaries — oiTences committed on, where tried 19 DIVINE SERVICE, disturbing — punishment for 82 DOGS, stealing — how punished 35 DOVES, taking them, where no Larceny at Common Law 35 DWELLING HOUfe-^, ntealing in with menaces 30 entering a building within the same curtilage — no bur- glary unless there be a communication with it . . , 31 robbery in any building within the same curtilage as the house, but not privileged as part of it ib. what buildings only are part of a house for capital pur- poses ib. setting fire to > 56 EMBEZZLEMENT, by servants and clerks 38 Distinct Acts may be charged in the same indictment. . . 39 allegation and proof ib. if banker, merchant, broker, attorney or other agent, em- bezzle money entrusted to them with direction in writing, to be applied to special purpose, misde- meanor ib. punishment 40 if banker, &c. — sell or negociate any chattel, &3., in- trusted to him for safe custody, &c., or for any special purpose, misdemeanor ib. punishment ib. not to affect trustee or mortgagee in respect of Act done by trustee or mortgagee, in relation to property ^ affected by such trust or mortgage ; or banlcer, &c., receiving money due on securities^ or disposing of securities on which they have a hen ib. provisions of Statute 4 & 5 Vict. c. 25, as to bankers, &c., not to lessen remedy which party aggrieved has at law 4 1, 42 Page. • 8 34 35 21 19 82 35 35 30 31 ib. ib. 55 38 39 ib. ib. 40 ib. ib. ib. -11,42 INDEX. 97 EMBEZZLEMENT,— coM^MiMfirf. Page. convictior. not to be given in evidence in action at law, &c 43 ESTREATS, of recognizances not to take place without a judge's order 23 EXPLOSIVE SUBSTANCES, punishment for sending with intent to do bodily harm . . 74 EVIDENCE, in felony — person charged may have evidence in his be- half heard before two justices, where, in their opinion, the ends of justice require it 4 examinatior.s before justices against parties accused of felony or misdemeanor, not to be produced in evi- dence against the examined, excepting upon indictment for wilful and corrupt perjury 5 of a first conviction for felony, what sufficient 14 FACTOR, illegal pledge by — a misdemeanor 41 FALSE PRETENCES, obtaining money by — a misdemeanor. .'. 42 and no acquittal on ground that the case proved amounts to Larceny ib. FALSE SIGNALS, exhibiting them to bring ships into danger — a capital felony 57 FEES, none payable by prisoners in felony to officers of tlic Court 11 services rendered by them to prisoner on trial, to be paid as official services to the Crown ib. FELONY. See title Receivers — Securities — Setting Fire— Trial. party taken on charge or suspicion of— when bailable and when not 4 power of Justices to bail persons charged with ib. duty of Justices on bailing or committing persons char- ged with 4, 5 before persons charged with, or on suspicion of, shall be bailed or committed. Justices to take down exami- nation in writing and bind over witnesses to ap- pear at trial, and celiver same to proper officer of the Court for the trial ib. bailments to be in writing and certified ib. persons knowing of felonies may be summoned by Justi- ces, and upon disobedience imprisoned ib. prisoners tried for, to have the benefit of counsel, and en- titled to copies of depositions against them 8, 9 indictment for — effect of plea of not guilty to 9 refusal to plead \ 9, 10 challenge of Jury on trial of, beyond legal number, void 10 98 INDRX. FELONY,— conlimed. Page. benefit of clerffy abolished with respect to persons con- victed of. ib Jury on trial for, not to enquire of prisoner's lands, &>c. nor whether he fled : ib' punishment of death prohibited for felonies which were not excluded from benefit of clergy before the passing of Act, unless directed by some subse- quent Act ib. every punishment for, after it has been endured shall nave the effect of a pardon under the Great Seal. . 11 fees to ofHcers of Court for services to prisoner in felony payable out of public funds, in no case by pri- soner 11, 12 punishment of, when no punishment specially provided . 12 if person under sentence, for another crime is convicted of felony, Court may pass a second sentence to commence after expiration of first 13, 14 punishment for, afler previous conviction ib. requisites of indictment for after previous conviction. ... ih, what sufficient evidence of previous conviction, ib< officer of Court uttering false certificate of indictment and conviction of a previous felony, how punished 15 punishable under 4 & 5, Vic. c. 24, Court may add soli- tary confinement in addition to imprisonment 13 principals in second degree, and accessory before the fact, how punished 46, 63 maliciously cutting &c. goods, or articlesof silk, woollen, linen or cotton, &c., or frame work, knitted piece, Btocking, hose or lace, being in loom or frame, or on any machine or engine, &c 56 maliciously cutting, &c., any warp, or shute of silk, woollen, linen or cotton, or any loom, frame, machine, &c., fixed ib. entering by force into houses, &c., with intent to commit aforesaid offences ib. punishment for 67 maliciously cutting, &,c., any threshing machine or machine8,&c., employed in manufacture of silk, &c. 66 punishment for 67 rioters demolishing, &c., church, chapel, or house, stable, coach-house, out-house, warehouse, office, &c., or any machine in any manufactory, &c ib. FENCES, stealing, breaking, or throwing down or destroying any ^ live, dead or wooden fence — how punished 36, 62 suspected persons not accounting for their possession of fences, &c., to be fined ib. FINES, under Larceny and Malicious Injury Acts to be currency 54, 70 iiroBZ. Page. ib ib- ib. 11 11 12 12 13 jb. ib. ib. 15 13 46 63 56 ib. ib. 57 56 57 ib. 36,62 ib. 54, 70 FISH PONDS, injuring them in any way— how punishable FIXTURES to BUILDINGS, punishment for stealing them metal in grounda when stolen by tenants or lodgers, property to be laid in the owner FLOOD GATE, damaging FORFEITURE, jury not now to inquire of prisoner's lands or goods FRUIT, VEGETABLES, &c. punishment for stealing them whether in ffardens or not destroying mem in gardens or elsewhere GAOLER^ to deliver prisoner for trial to person named in order of Court but not to send any prisoner for debt out of the District. GARDENS, taking or destroying fruit and vegetables in them — how punished GATES, larcenjr of— how punishable being in possession of, without good account destroying GELDINGS, stealing — how punished GENERAL ISSUE, when to be pleaded GLASS, larceny of, from buildings— how punishable GRAIN, burning GRANARY, subject of arson riotous destruction of HABEAS CORPUS, upon application to proper Court to admit a prisoner to nail the same order shall be made as if the party were brought up on Habeas Corpus. HARD LABOUR, may be awarded for convictions under Criminal Justice Act Larceny Act Malicious Injuries Act Offences against Person Act H Page. 60 37 ib. ib. 59 10 36 36,37 ib. 8 ib. 36,62 36 ib. 62 35 53, 69 37 60 55 57 13 26 64 84 100 INOUX. HEIFERS, Puge. stealing— how puniahed 35 HIGH TREASON, , if^ laws relating to, not afi'ected by provisions of statute 4 &. 5 Vict. c. 27 80 HIGHWAYS, when aides, &c. of, constitute boundary ol Districts or Countied ofTcnceB committed on may be tried in either 19 HOMICIDE 73 HOPBINDS, punishment lor destroying them U HOP-OAST, the subject of arson ' M riotous destruction ol' • W HORSE, stealing— how punished "85 ' HOUSE, subject of arson ,56 riotous destruction of ' 67 HOUSE BREAKING, capital 30j 31 INDICTMENT, attainder cannot be pleaded in bar of, unless for same ofl'ence as that laid in the indictment 10 inny be preferred in either County where offence is com- mitted on loundaries of Districts or Counties, or shall be begun in one County and completed in another 10 when sides, &^. of highways constitute boundary, offender may be tried in either District or County it>. may, in case of robbeiy of coaches, «fcc. be preferred in any District or County through which it passed . . ib, how property ot partners to be laid m 80 how to be laid in cases of felony relating to churches, bridges orpublic buildings ib. how property of Turnpike Trustees 81 not to abate by dilatory plea ot misnomer ib. what defectp shall not vitiate indictments after verdict or otherwise ib. Avhat shall not stay or reverse judgment after verdict. . . 22 for second felouy after previous conviction, what aver ments sufficient, and what evidence 14 INFORMATION, what defects shall not vitiate it after verdict, confes- sion, &c 21 what shall not stay or reverse Judgment upon, after verdict 22 INTERPRETATION, of Criminal Statutes 24 INDVSX. lot Page. 35 86 19 73 61 55 57 35 65 67 30,31 10 19 ib. ib. 20 ib. 21 ib. ib. 22 14 21 22 2-1 JOURNEY, offences committed on JUDGE, may postpone trial i( copy of depositions against prisoner have not been had on dav of trial may order plea of *< Not Quilty" for person standing mute iVom malice JUDGMENT, what shall not reverie it a(\er verdict JURORS, defects of— not to reverse judgment a(\er verdict JURY, in cases of treason and felony, not to inquire if accused, fled, or concerning his lands, &c may acquit of felony and convict of assault in certain cases process insuflicient, not to reverse judgment after verdict JUSTICES, two Justices may admit to bail in felony, or suspicion of felony where there is not a strong presumption of guilt not obhged to hear evidence on behalf of person charged, unless, &c to certify bailment in writing examinations taken by, in felony and misdemeanor, to be on oath and reduced by Justice to writing to allow the accused to cross-examine witnesses to summon and examine persons able to give material evidence and bind by recognizance to give evidence at the trial . . to sign such recognizances, &c. and deliver same to the Court at the trial to commit to gaol persons summoned, who refuse to give evidence or enter into such recognizances . . to transmit examination, &c., to Clerk of the Crown, upon notification of application to superior Court to ad- mit prisoner to oail neglect herein fineable by the Court to grant a search warrant upon suspicion declared upon oath in cases of summary proceeding to grant a summons or warrant, and in case of non-appearance, to hear and determine exparte power of commitment in summary cases may discharge offender on summary proceeding in cer- tain cases upon his making satisfaction form of conviction one Justice may receive original information, &c. where two or more Justices are empowered to hear and determine h2 Page. 19 ib. y9 ib. 10 84 22 ib. 4,5 ib. ib. 5,6 ib. ib. ib. 7 ib. 47 ib. 48,80 49,81 50 51 *\ 102 INDSX. JUSTICES,— cow/mttcf?. Page: may fine party charged with common assault or battery, and may dismiss charge of, should he think same . not proved 80 to (i^rant certificate of dismissal ' 81 such certificate or conviction shaJl be a bar to any other proceedings ib. See titles Damaqg — Deer— Doo — Fence — Pboit — Garden — Gate — Nursery Ground — Orchard — PiQEON — Root — Saplino — Shipwrecked Goods ,, —Shrub — Stile — Tree — Underwood— Veqe- TABUB productions — WoOD, &C. LAMBS, stealing — how puniiAed 35 LARCENY, distinction abolished between grand and petty 96 punishments for simple larceny ib. solitary c«;nfinemmt and hard labour under Larceny Act, 4&5Vic.c.25 26&27 punishable in this Province although committed in any oiher part of Her Majesty's dominions 53 db 54 all Acts or parts of Acts repugnant to tiiis Act repealed. 54 LEAD, stealing of, from buildings 37 LIMITATION, of time for prooeedmg in summary convictions 47 & 64 LINEN GOODS, unlawfully or maliciously destroying same 56 LOCK, on Canal, &c. damaging 59 LODGERS, larceny by them, how punished 37 & 38 LOST PROPERTY, advertising a reward for the return of, without making inquiry 45 MACHINES and MACHINERY, punishment for injuring them 56 employed in manufactures, destroying them — ^how pun- ished ib. riotous debtruction of them 57 MAGISTRATE. See title Justice. MAIMING CATTLE, punishment 60 MALICE, against owner need not be proved to convict offenders of doing malicious injuries 63 malicious injury 62 MANSLAUGHTER, punishment of 73 INDEX. 103 MANUFACTURES, • Page. buildings used for. subjects of arson ' 66 riotous destruction of such buildings 97 destroying manufactures 56 MARES^ steabng— how punished 36 MARSH, damaging bank of 69 MERCHANT. See title Embezzlement. acting bon& fide, rxot within the provisions against em- bezzlement 39, 40, 41 METAL, fixtures — stealing fliem 37 MILITARY LAW, not altered or affeotsd by 4 db 5 Vic. c. 27 86 MILL, the subject of arson 65 riotous destruction of . , 67 MILL POND. breaking down dam of. 60 MISDEMEANOR, afler enduring adjudged punishment for, party's com- petency as a witness restored, excepting in cases of perjury, or subornation of perjury 11 abettors m, their punishment 46 bail in— how given 6, 7 MISNOMER, not to reverse Judgment after verdict 21 MURDER. principals and accessories in — how punished 71 sentence in case of 72 MURDERERS, prison regulations as to tb. MUTE, Court may order a plea of " Not Guilty" to be entered where person charged with treason, felony, piracy, or misdemeanor, shall stand mute from mauoe. . . 9 NAVAL LAW, not altered or affected by 4 & 5 Vic. c. ^^7 85 NAVIGABLE RIVER, works on, damagingthem 59 larceny from vessels on — how punished 31 NOT GUILTY, plea of^ shall put prisoner on trial without further form, in cases of treason, felony, or piracy 9 NOTES, stealing 27 104 , INDEX. NOTICE, Page. of actions brought under the Larceny and Malicious In- jury Acts ; 53,69 of appeal against summary conviction— how given 52, 68 NURSERY GROUND, stealing or destroying any plant, &c. growing in 36, 62 OBTAINING MONEY, by infamous threats 88 OFFENCES. committea during a journey — how tried 19 OFFICE, setting fire to i riotous destruction of r .; OFFICERS of COURT, not to demand fees from prisoner on trial for felony U ofBcial services rendered to prisoner to be paid out of public funds as rendered to the Crown ib. ORCHARD, stealing from "80 OUTHOUSE, setting fire to .!ff0 riotous destruction of 57 PARDON, discharge ofofiender out of custody, to have the effect of a pardon under the Great Seal 22 for offences under 4 & 5 Vic. c. 25 & 26, and for non- payment of money payable under said Acts to other than the Crown 49, 66 PARTNERS property of, how laid in indit tment 20 PENALTIES, application of under Larceny and Malicious Injury Acts 48, 65 PENITENTIARY, PROVINCIAL, from what period sentence of imprisonment in, is to be reckoned 25 cases in which offenders may be committed to, for any term not less than three years 88 instead of being transported, offenders may be impri- soned for a like term in Penitentiary 89 PERJURY, person having suffered punishment for perjury or subor- nation of perjury, does not Secome competent as a witness as in other misdemeanors 11 PERSON, • .: punishment for robbery from, attended with cutting, &c. 27 stealing from 28 assault with intent to commit robbery from 29 Page. 53, 69 52, 68 36, 62 19 if 67 25 88 89 11 27 28 29 INDEX. 105 PERSONAL PROPERTY, Page. maliciously injuring, not specially provided for, punish- ment for same 62, 63 PETIT TREASON, abolished 71 PIGEON, taking, under circumstances not amounting to larceny. . 35 PIRACY, indictment for, effect of plea of not guilty to 9 refusal to plead to ib. challenge of jury beyond legal number void 10 PILLORY, punishment of, abolished 15 PLEDGE. See Factor. POISONING, with intent to murder, punishment 73 PREROGATIVE, Royal, not to be affected by enactments of Criminal Jus- tice Act, 4 & 5 Vict. c. 24 17 PRINCIPALS, in second degree, and accessories, punishment of. 46, 63 PRISC^^ERS, allowed counsel in cases of felony 8 in cases of summary conviction to be permitted to make full answer and defence ib. to be taken into Court for trial by Sheriff or Gaoler upon order of Court ib. entitled to copies of depositions against them on payment, upon demand made before day of trial, or on day of trial if Judge assents 9 may have inspection of depositions without fee or re- ward ib. upon arraignment for treason, felony or piracy pleading "Not guilty" shall be thereupon tried without further form > ib. in cases of treason and felony Jury not to enquire con- cerning Prisoner's lands, &c. or if he fled 10 in cases of felony benefit of clergy abolished ib. felonies not excluded heretofore from benefit of clergy not punishable with death unless made so oy some subsequent Act ib. endurance of adjudged punishment for felony not capital to operate as a pardon under the Great Seal for that particular felony 11 endurance of punishment for misdemeanors, excepting perjury and subornation of perjury, restores com- petency as witnesses ib. not liable to pay fees to officers of Court upon trials for felony ib. 10€ iudbx. PRISON E:RS,—con/mu«(2. Page. may be pardoned for offences committed under Act 4 & 5Vict.chap27 8ft PROPERTY, how to be described. See title Indictment. PULSE, burning 60 RAMS, stealing — how punished 3S RAPE, sending letter demanding money, &c, or accusing, &.o. party of assault with intent to commit rape, or of any attempt, ice. to commit rape, felony 29 punishment , 7ft what sufficient proof of 76 REAL ESTATE, punishment for stealinff writings relative to 34 not to lessen the remedy of party aggrieved ib RECEIVERS, of stolen property, where the original offence is felony, may be tried either as accessories ailer the fact, or for the substantive felony 43 punishment Ut. party not to be prosecuted a second time for same offence ib. where original offence is a misdemeanor, may be pro- secuted for a misdemeanor ib. punishment ib. may be tried where principal is triable, or where property is found in their possession, as well as wnere the receiving takes place 44 owner of stolen property prosecuting thief or receiver to conviction, wnen he shall have restitution of his property ib. punishment of, where the stealing, &c. is punishable on summary conviction 46 RECOGNIZANCE, duty of Justices to bind witnesses by 4, 5, 6 of witnesses on trial of party charged with felony or mis- demeanor, to be delivered l)y Justice to Officer of Court ib. no traverse allowed 6 Officers of Court to make a list of, specifying the name, &c. makkng default 23 list of, when forfeited, to be laid before Judge, d.c 23, 24 not to be estreated without written order of Judge, &c. in cases of felony ih. misdemeanor ii>. common assault ib. fo answer to articles of the Peace ib. duty of Clerk of Court, previous to estreating of ib. Page. 85 60 35 29 75 •76 34 ib 43 ib. ib. ib. ib. 44 ib. 46 4. 5, 6 ib. 6 23 23, 24 ib. ib. ib. ib. ib. INDKX. 107 RECORDS, ' Page. Htealing or removing for fraudulent purpusei any record, writ, return, panel, process, interrogatory, deposi- tion, affidavit, rule, order, or warrant of Attorney, or any original document relating to any matter, &.C. in Court of Record, or any bUl, answer, inter- rogntory^ deposition, affidavit, order or decree, or any origmal document relating to any matter, &c. in Court of Equity, misdemeanor 33, 34 punishment for ib. not necessary in indictment to allege value of article stolen, or whose property it is ib. RESTITUTION, of stolen property, when Court may order 44, 45 RETURN. See title Records. RETURNING from transportation or banishment, persons so returning before expiry of term— how pu- nished and where triable 12 requisites of Indictment 12, 13 what sufficient evidence of former conviction 13 REVENUE, PUBLIC, laws relating to, not aft'octed by provisions of Statute 4 & 5 Vic. c. 27 86 REWARD, ^ taking of. for helping to recovery of stolen property, witiiout bringing offender to trial, felony 45 punishment ib, advertising of, for return of stolen property without in- quiry of party returning same ib. penalty ib. RIDINGS, property belonging to — in whom to be laid go RIOT, demolishinff, &c. any church, chapel, house, &c. or any machinery, &c. felony 57 punishment ib. RIVERj punishment for stealing goods, &c. in any vessel, &c. in any port, river or canal, or in any creek, &c ;j j bank or wall of, unlawfully breaking down 59 ROBBERY, from the person, punishment for 28 in dwelling house. Sec title Dwelmno Housk. in a building 31 shop, warehouse or counting house. tSce title Suor, &c. HOOT. Sec title Gaiidkn. RULE, iicc title HEtoHDtf. 1 108 INDEX. SACRILEGE, Page. when capital 29, 30 punishment of ib. SAPLINGS, larceny of— how punishable 35 SAVINGS BANK, stealing order, &c. entitling or evidencing title to any deposit in 27 SEA BANK, breaking down, &c. any sea bank or sea wall, or bank or wall of any river, canal or marsh, felony 59 removing piles of any sea bank, &c. or doing damage to obstruct navigation of river or canal, felony ib. punishment ib. SEA WALL. See title Sea Bank. SEARCH WARRANT, power of Justice to grant same • 47 SECURITIES, public or private, larceny of __ 27 SENTENCE, if person under sentence for another crime is convicted of felony. Court may pass a second sentence to com- mence after expiration of the first 13, 14 SERVANTS. See title Embezzlement. or Clerks, larcenies and embezzlements by, how pu« nishable - 38, 39 SETTING FIRE, to any church, chapel, house, or meeting-house, stable, coach-house, out-house, ware-house, office, shop, mill, malt-house, hop-oast, barn, granary, or buildings used in carrying on trade, &c 55 how punishable 66 to ships or vessels with intent to commit murder 57 with intent to destroy them 58 to agricultural produce 60 SHEEP, stealing— how punished 35 SHERIFF, to deliver prisoner for trial to person named in order of Court for that purpose 8 but not to send any prisoner confined for debt out of Dis- trict ib., »H1PS, larceny from 31 netting fire to, with intent to commit murder 57 with intent to destroy same 58 hanging out false lightw to cause shipwreck 57 sec title Wrecks. INUBX. 109 ib. 31 57 58 57 SHIPWRECKED GOODS, party in possession oi> or oflering same for sale, not sa- tisfactorily accounted for SHOP, larceny from, punishment SHOOTING, with intent to murder with intent to maim, &.c SHRUBS, in enclosed places or elsewhere, larceny of->how punish- able maliciously destroying them SILK. See title Felony. SIMILITER, want of, not to stay or reverse judgment after verdict . . . SIMPLE LARCENY, punishment for SLUICE, damaging of SODOMY, punishment for SOLITARY CONFINEMENT, may be awarded for convictions under, Criminal Justice Act Larceny Act Malicious Injuries Act Offences against Person Act STABLE. See tit. Felony— Setting Pirb. STEALING, from the person — punishment goods, &c. from any Vessel, &c STILE, stealing — how punished being in possession without good account destroying STOLEN PROPERTY, owner of, prosecuting thief or receiver to conviction, in what case to have restitution of his property in what not persons taking rewards for helping to the recovery of stolen goods without bringing offender to trial — how punl shable advertising a veward for return of stolen property and purporting that no questions will be asked, &c.. . STRAW. See title Setting Fire. SUMMARY CONVICTION, abettors in offences punishable under — their punishment limitation of time i 2 Page. 33 31 73 ib. 36 61 23 26 59 75 13 26 64 84 28 31 36 ib. 62 44 ib. 45 ib. 46. 65 47, G4; 85 110 INDEX. SUMMARY CONWCTIO^,— continued. Page. competency of witnesses 47, 64, 86 proceedings of Justice 47, 64, 85 application of the forfeitures and penalties 48, 65 punisliments on 49, 66 offender may be discharged the first time upon making satisfaction ib. conviction — a bar to any other proceeding for the same cause 50, 67 form of conviction 50, 67, 85 appeal to Sessions, where fine exceeds five pounds, or imprisonment for one month, &c 52, 68 convictions to be returned to Quarter Sessions, and a copy to be deemed evidence ib., 69 SUMMONS, may be granted in cases of summary proceeding 47, 64 TENANTS, larceny b —how punished 37, 38 TENDER, of amends, in action against persons under Larceny and Malicious Injury Acts, 4 & 5 Vic. c. 25 & 26 53, 69 TESTAMENTARY INSTRUMENT. See title Will. THRESHING MACHINES, punishment for injuring them 56 THREATENING, to accuse a person of an infamous crime, and extorting money 28 and doing the same with intent to rob 29 threatening letters to extort money ib. TIME, judgment not stayed, &c. on account of indictments omit- ting to state time ^'hen offence committed 21, 22 TOLL GATES, destroying or damaging — a misdemeanor 59 TRADE, setting fire to any building or erection used in carrying on 55 TRANSPORTATION, instead of, offenders may be imprisoned in Penitentiary for like term 89 TRAVERSE, not permitted in misdemeanor excepting upon consent of prosecutor or cause shewn to the Court 6 TREASON. See title Trial. indictment for, effect of plea of not guilty to 9 refusal to plead to ib. challenge of Jury beyond legal number void 10 TREES, larceny of, in enclosed places or elsewhere — how punish- able 35, 61 INDEX. lit ib. se S8 29 ib. 89 6 9^ ib. 10 35,61 TR R ES,— continued. maliciously destroying them TRIAL, for Criminal offences plea of not guilty without further form shall put prisoner on his trial, in cases of treason felony f)iracy use to plead. Court may order plea of not guilty to be entered in cases of treason f felony piracy miMdemeanor every peremptory challenge of jury beyond the number allowed by law, shall be void in cases uf treason. . felony. . . piracy... jury not to be charged to enquire of prisoner's lands, &c. nor whether he fled in case of treason felony of offences committed on boundaries of Counties — where to be of offences on journeys and voyages in cases of murder or manslaughter of bigamy TRUSTEE. See title Embezzlement. TURNPIKE ROAD, property in the Trustees of, how laid in indictment malicious injury to turnpike gate, or any wall, drain, &c. belonging thereto, or any house, &c. erected for collection of toll — now punishable 59, 60 UNDERWOOD, larceny of— how punishable VALUABLE SECURITIES, stealing public or private securities for money or war- rants for goods, &c. — how punished VEGETABLE PRODUCTIONS, stealing or destroying them in or out of gardens 36, 37, 62 VENUE, in actions against persons for any thing done under the Larceny and Malicious Injury Acts 52, 69 VERDICT, what defects shall not vitiate indictment or stay or re- verse judgment after verdict 21, 22 VESSEL, punishment for stealing goods or merchandize from, in a port, river or canal, &c 31 Page, 61 1 9 :b. ib. ib. ib. ib. ib. ib. 10 ib. ib. ib. ib. 19 ib. 72 77, 78 21 35 27 lit IMTDBX. VOYAGE, Page. offences committed on property during, may be tried in ^ < any District or County through which the Vessel, &c. passed 19 WAGGON, for trial of offences committed on property in, during journey of 19 WALL, destroying 62 WAREHOUSE, Larceny in .* • 31 tlie subject of arson 65 riotous destruction of 57 WARRANT, party in the act of committing offence may be appre- hended without 46 when Justice may issue to compel attendance of party charged with offence 47 WARRANT of ATTORNEY. See title Records. WILLS, stealing— how punished. 34 WITNESS, compelled to attend summons of Justice and enter into recognizance to ^ive evidence at trial, and subject to imprisonment Tor refusal 4, 5 evidence given by, before Justice not admissible against upon prosecution afterwards excepting on indict- ment for perjury ib. may be cross-examined by accused ib. competency restored after endurance of punishment for misdemeanor, excepting for perjury or suborna- tion of perjury 11 power of Coroner to bind by recognizance to appear on trial on inquisition or murder or manslaugnter. .. 9 competency of on summary conviction 47, 64 WOMAN, punishment for trying to procure abortion 74 f)unishment of, for conceeuing a birth 75 brcible abduction of 76 WOOD. See title Setting Fire. WOODWORK, stealing it — how punished 37 WOOLEN MANUFACTURES, stealing 56 destroying ib. WRECKS, plundering of 32 persons in possession of wrecked goods, and not satisfac- torily accounting for them, to be fined ib. INDEX. 113 WRECKS,— cmtimed. ^ Page. Buch goods, if offered for sale, may be seized 32 impeding any person endeavouring to save life from any wreck 08 destroying wrecks, capital 69 WRITINGS, relating to real estates, parties stealing, guilty of misde- meanor 34 punishment Jb. requisites of indictment lb. provisions of Statutes 4 & 5 Vict. c. 25, not to lessen re- medy which agrieved now has ib« conviction not to be revised in evidence in action at law, &c 38 THE END.