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J3S-
THE
CRIMINAL STATUTES
OF
C A N A D
WITH NOTES,
AND
A GOPIOI] ^ INDEX.
^tfir
f
Kingston:
PRINTED BY S. DERBISHIRE & G. DESBARATS. Printer to the Gtuecn's Most Excellent Majesty.
V 1843.
' .)
■ } {
The publishers have been indiiced by considerations of convenience to the legal profess* , and a conviction of the utility to the community generally, to print the important Statutes relating to the Criminal Lavs^s, with full Index to their comprehensive enactments, in the present separate and more compendious form.
Kingston, May, 1843.
IT
i :
a
5 s:
(Oa
tl
V 151
G
THE
CRIMINAL STATUTES
OP
CANADA.
4th & 5th victoria. CAP. XXIV.
An Act for improving the administration of Criminal Justice in this Province.
[\8tfi September, 1841.] "^l^f^HEREAS it is expedient, with a view to improve the administration of Justice in Criminal Cases in this Pro- vince, to define under what circumstances persons may be atlmitted to bail in cases of Felony ; and to make better provi-
3sion for taking examinations, informations, bailments and recog- nizances, and returning the same to the proper tribunals ; and to relax in some instances the technical strictness of criminal pro- ceedings, so as to insure the punishment of the guiUy without depriving the accused of any just means of defence ; and to
<0 abolish tho benefit of Clergy and some matters of form which impede the due administration of Justice; and to make better provision for the punishment of offenders in certain cases; Be it therefore enacted, hy the Queen's Most Excellent Majesty,' by and with the advice and consent of the" Legislative Council and
15 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, and intituled An Act to He-unite the
Preamble,
CRIMINAL STATUTES
4 &: 5 Vic.
Provinces of Upper and Lower Canada, and for the Go- Who n\:yy he V em meiit of Canada, ami it la hereby ouiicted, l»y llie autliu-
aihiiitlcil to ■. r. ,1 ji 1 I ' 1111,1
bail on a '"'^7 "* ^''" samo, lliut wliui'c iiiiy person bliall bo taken on a
ch;ir!,'(! of IV- chai'L^c of Fclonv or suapicion oi" Felony, belorc one or more Jiistiee
lonv, unil wlio ,. ^in ii , .,,, .,
ujny not. or Justiees oi tlie 1 cace, anil the cliarge sball be supported l»y pusi- 5
tivo and credible evidence ol'tlie I'acI, or by siieii evidence as if not cx[)lained or contradicted, sliall, in the opinion of ihe Justice or Justices raise a strong i)resum[)tion of tiie guilt of the peisun eliarged, such person shall bo committed to prison by such Justice or Justices in the manner hereinafter mentioned ; but if there lo shall be only one Justice present, and tlie whole evidence given befo'-o him s'lall be such as neither to raise a fitrong presumption of guilt, nor to warrant the dismissal of the charge, such Justice shall order the person charged to be detaininl in custody, and such person shall be taken before two Justices at the least; Dnd l^^ where any person so taken, or any person in the first instimce taken before two Justices of the Peace, shall be charged with Felony or on suspicion of Felony, and the evidence given in sup- port of the charge, shall, in the opinion of such Justices, not be such as to raise a strong presumption of the guilt of the person 20 charged, and to require the committal of such person, or such evi- dence shall be adduced on behalf of the person ciiarged as shall, in the opinion of such Justices, weaken the presumption of guilt, but there shall, notwithstanding, appear to such Justices, in either of such cases, to be sulTicient grourtd for judicial in(|uiry into the 25 guilt of the person charged, such person shall be ailmitted to bail by such two Justices in the manner hereinafter mentioned : Pro- vided always, that nothing herein contained shall be construed to require any such Justice or Justices to hear evidence on behalf of any person so charged as aforesaid, unless it shall appear to such 30 Justice or Justices, to be meet and conducive to the ends of Justice to hear the same.
Before any II. And be it enacted, that two Justices of the Peace, before wth°" Felony, they shall admit to bail, and one or more Justice or Justices, be- LaiieU^orcom-^^'^^*^ or they shall commit to prison, any person arrested for 35
5 V[c.
Chap. 21.
OF CANADA.
he Go- 1 autliu- in on u ! .Justice by pusi- 5 u ns if I Justice
pcisun Justice if tlicte 10 u given imp/tion Justice ly, and St ; Dnd 15 instiuice k\ wilii in sup- ,
ndt be
person 20 iclj cvi- ilicill, in jilt, but itlier of nto t!io£5 I to bail I : Pro- riied to aha If of to such 30 Justice
before ::os, bo- ted for 35
"•
Felony, or on su.s[)iclon of Felony, i-hall lake llio examination of inittnl.iiiL' Ju^- fjuen person and th;j int ornr.ition upon oatn ol those who snail ,!^,„,,, j,, ^v,.;,. jcnow the facts and circuinstaiu'es of tlie ease, and shall put the injr tlu> 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 confine<l, to admit such Prisoner to hail, whereupon it shall bo the duty of sucli committing Justice or Justices, or Coroner, with
lOall convenient expedition to transmit to the ofllcc of the Clerk of the Crown, close under the hand and seal of one of them, a certifi- ed copy of all informations, examinations, and other evidences, touchnig the oHence wherewith such Prisoner shall bo charged, together with a copy of llie warrant of commitment and inquest if
JSany such there he, and that tho packet ccmtaining the same shall bo handed to the i)crson applying (heref*)r, in order to such trans- mission, and it shall l)o certified on the outside thereof to contain the information toucliing the case in question.
VI. And be it enacted, that upon any application to Her Ma- SiOjesty's Court of Superior Criminal Jurisdiction, for that part of the Province within which such person stands committed, or to any Judge thereof the same order touching tho Prisoner being bailed or continued in custody, shall be made as if the party were brought up upon a Habeas Corpus.
33 VII. And be it enacted, that if any Justice or Coroner shall Penalty on
neglect or otfond in any thing contrary to the true intent and J""^'<^" ■"'^ '^ J o J ( oroncrs con-
meaning of any of the provisions of this Act, it shall be lawful travcning this
for the Court to whoso Olficer any such examination, information, evidence, bailment, recognizance, or inquisition ought to have 30 been delivered, and such Court is hereby authorized andrequireti upon examination and proof of the ofience, in a summary man- ner, to set such fine upon every such Justice or Coroner as the Court shall tliink meet.
Snmo orders to be niailo as in PlnbcM Corpus.
T
,^
CRIMINAL STATUTES
4 & 5 Vic.
m
Provisions to VIII. And bo it enacted, that the provisions of tiiis Act rclat-
npply to all . , ' ^
Justices and Hig to Justiccs and Coroncrs, sliall ;!i>ph' to the Justices and 0 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 0 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
0 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<rliar(i
1 ! 1 •. I II I I .- I r- I r-i iul".v; or {H)li-
imprisonment may bo awarded, it snail be lawlul lor the Court to t-vv conl;r.(-
sentence the otfonder 10 be imijrisoned, or to iie imprisoned and "•'"tsispart ot
^ ^ ' 1 the Hontonccoi
;j5kept to hard labour in the Common Gaol, or House of Correction, imprisonment. and also to direct that the olTender shall be kcjit in solitary con- finement for any portion or portions of the term of such imprison- ment or of such imprisonment with hard labour, not exceeding one month at any one time, and not exceeding three months in
2o'dny one year, as to the Court in its discretion, shall seem meet.*
XXIX. And be it enacted, that whenever sentence shall bo If a porro!'.
passed for Felony on a person already imprisoned under sentence 1"" ''anotiu"' *'
■ ■ ; — [ '— ; — — crime is cuu>
♦ 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 <iucnt Ddcnce. exemplary punishment of oflfenders who commit Felony after a previous conviction for Felony, whether such conviction shall have taken p'ace before or after the commencement of this Act ; Be it therefore enacted, that if any person shall be convicted of i5 any Felony not punishable with death, committed after a previous conviction for Felony, such person shall on such subsequent con- viction 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 years,* or to be imprisoned in any other prison orSO place of confmement for any term not exceeding two years ; and in any indictment for any such Felony committed after a previous ronviction for Felony, it shall be sufficient to state that the offen- der was at a certain time and place convicted of Felony, without otherwise describing the previous Felony ; und a certificate con- 25 taining the substance and eflfect only (omitting the formal part) of the indictment and conviction for the previous Felony, purport- ing to be signed by the Clerk of the Court or other Officer having the custody of the Records of the Court where the offen- der Was first convicted, or by the Deputy of such Clerk or Offi-30 cer, (for which certificate a fee of five shillings and no more, shall DO demanded or taken,) shall, upon proof of the identity of llie person of the offender bo sufficient evidence of the first con- viction, without proof of the signature or official character of the * But see G Vic> 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.
0 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 • <t ■< I .> • 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 !<ni, iiy .inv
hy •-irliioof any Statute or Statutes made or to be made, the [;;,|,";[,.j JJ'j,'!'',;;
iierson so counsollint'', i )ciirin!.';, or commanding; shall ho deemod'"f"'y (he piin-
logiiilty ol l'cU)iiv, and may be indicted and convict?d as an ac(;es-tliou-li the of-
sory heCore ihe fact to t!io i)rhi(;ipal Felony, either too;ether wit!i '''!"", '^'' '""'"'
. !• y iiiittoil on tlu;
the i)r;nci[)al Felon, or after the conviction of the principal Felon Jsoas or abromt. or may he indicted for and convicied of a substantive Felony,
id is herehy l.'i whether the prlncijjal Felon shall or shall not have been previous- I5ly convicted, or shall or sh.all not he amenable to Justice, and may he punished in the same manner as any accessory before the fact to the same Felony, if convicted as an accessory, may he punished; olTender by
manding, howsoever indicted, may be inquired of, tried, determi- 'joned, and punished hy any Court which shall have jiirisdiction to such try the principal Felon, in tlio same manner as if such odence
elToct to all , Imd been committed at the same place as the principal Felony s as if such althou<vh such o'Tenco may j'.avc been committed cither on the
Iligli Seas or at any place on Land, whether within Her Majesty's ;~5 Dominions or without ; and in case the principal Felony shall have ir thp ofTenca been committed within the bodv of anv District or County, and 'Z'' ,.<;!"" """pd
, , , , in dinerpntilis-
the oliencc of counselling, procuring, or commanding, shall havetricts ami
everv
irt.
(Tender shall-' Judicature, to and shall
e of opinion
ac-
heen committed within tlie body of any otiier District or County, ^^"g"*^^^
„ -. J the last mentioned olVence may he enquired of, tried, determined, 'retried i" ^>'
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><Hitnirnt«
i II » !• T /" • 1 11 1 1 11 not to iil)alo b}'
enacted, that no Indictment or lnu)rmation shall bo abated by diii.tory pliaof Ijreason of any dilatory plea of misnomer, or of want of addition, '"'^'""""■' ''^*'- or of wrong addition of any parly oflering sucli plea, if (he Court shall be satisfied, by alRdavii or otherwise, of liie truth of such j)loa ; but in such case the Court shall forlliwilh cause the In- dictment or Information to be amended according to the truth, 'JOf'Tid shall call upon such party to plead tliorelo, and shall ])rocecd as if no such dilatory plea had been pleaded.
XLVl. And in order that the punislmicnt of ofTondcrs may be WimtdcfocM less frnqucntly intercepted in consequence of technical niceties/''"" "^".^ y."'" Uo it enacted, that no Judgment upon any Indictment or Infor-mcnt nftiTvcr-
25malion for any Felony or Misdemeanor, whcdier after verdict wjce."^ " '"* or outlawry, or by confession, default or otiicrwise, shall be stayed or reversed for want of the averment of any matter unne- cessary to be proved, nor for the omission of tiie words, " as appears by the record," or of the words " with force and arms,"
30 or of the words, " against the peace," nor for the insertion of the words " against the form of the Statute," instead of the words, " against the form of the Statutes," or vice vcrsf^ nor for that any person or persons mentioned in the Indictment or Information is or are designated by a name ol oflfice or other descriptive ap-
B2
\r
22
CRIMINAL STATUTES
4 & 5 Vi'c.
pellntion, Instead of his, her or tlieir proj)cr name or names, nor for omitting to state the tnne at which tlie ollence was commiltc{l,, in any case where time is not ofthe essence of the otfencc, nor for stating the time imperfectly, nor for stating the oflence to have been committed on a day subsequent t^ the finding of tiie Indict- ment, or exhibiting the Information, or on an impossible ih\y, or on a day that never happened, nor for a want of a pro[>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 <ind to conclude at six of the clock in the morning of llio next succeeding day : And it is here- Burglary. by declared that if any person shall enter the dwelling house of another with intent to commit Felony, or being in such dwelling 20 l;ouse shall commit any Felony, and shall in either case break out of the said dwelling house, in the night time, such person shall be deemed guilty of Burglary.
Stealmcrina XVII. And be it enacted, that whosoever shall steal any chat- dwelling house (el, money or valuable security in anv dwelling house, and shall 25 with menaces. ' i • i • • i i-i
by any menace or threat put any one, bemg tnerem, in bodily
fear, shall be guilty of Felony, and being convicted thereof, shall be liable to be imprisoned at hard labour in the Provincial Peni- tentiary for any term not exceeding fourteen years nor less than seven years,* or to be imprisoned in any other Prison or [ilace of 30 confinement for anv term not exceedino: two vears.
* But sec 6 Vic. c. 5.
t 5 Vic.
''rison or ,rs.
Inrioiisly ult with
lab, cut, ^ Felony,
victcd of n of tlie Pcniten- !<• less than ■ place of
ar as the shall he ir> le of the X of the
it is hore- house of (lwcllin<c20
jreak out son shall
iny chat- md shall 25 in bodily eof, shall ;ial Peni- less than r place of oO
Chap. 35.
or CANADA.
SI
XVIII. Provided always, and be it enacted, that no building, Whatbuild- allhoiigh within the same curtilage with the dwelling house, and partotaWusc occupied therewith, shall be deemed to be part of such dwelling ''^'"^'^P'^'^P"'' lii»use fur the purpose of Burglary, or for any of the purposes
& aforesaid, unless there shall be a communication between such building; and dwelling house, either immediate, or by means of a covered and inclosed passage leading from the one to the other.
XIX. And be it enacted, that if any person shall break and Ri.i>lxry 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 ^ '
<iencc in actions nevertheless the conviction of such offender shall not be received
& 5 Vic. 'operty of
either du- ller death, any will, j <ain<; shall I oH'ciuler d lliereof, •ourt may not ill any m such will, person, or
I steal any ly written ij my part of le deemed ', shall be award, as ; fur such 'jo to be evi- or of some r legal or es, and to
shall not 2j ue.
nothing in lors afore- be hail or remedy at so ;h offence, i issed ; but 3 received
Clin|>. 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''<lllll'.'
dog, or shall steal any beast or bird ordmanly kept in a state ot BtasiHoiHir.is v:onhnement, not beinu the subiect of Larceny at common law, p"''"»"'y I I'l ' every such offender, being convicted thereof before a Justice of mul not the 25the Peace, shall for every such offence forfeit and pay, over and ^",';'! '^''* "* ' '* above the value of the dog, beast, or bird, such sum of money not exceeding five pounds, as to the Justice shall seem meet.
XXXI. And be it enacted, that if any person shall steal, or StcKiiji^tu. s, shall cut, break, root up, or otherwise destroy or damage with wlicnwcvrr
aointent to steal, the whole or any part of any tree, sapling or shrub, growmir, &<•, or any underwood, wheresoever the same may be respectively growing, the stealing of such article or articles, or the injury
♦ But see 6 Vic. c. 5.
36
CRIMINAL STATUTES
4 & 5 Vvc.
done, being to tlic amount of a sliilling at the least, every such offender being convicted before a Justice of the Peace, sliall fur every such offence forfeit and pay over and above the vaUie of the article or articles stolen, or the amount of ihe injury done, such a sum of money, not exceeding five pounds, as to the Justice 5 shall seem meet.
XXXII. And be it enacted, that if any person shall steal, or
i-'twiliiig, &c. ony live or
tiiMd fonce, shall cut, break, or throw down with intent to steal, any part of
V. Moili'u foncc, ,. I 1 r i i i -i i.
i,ii;c m <Mtc. ^ny '>^'*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, ncgoti<ite, tran^:ler, pledge or in any manner convert to his own use or benefit iuch chattel or !?ecurity, or the proceeds of the s;nno or any pari tlicieuf, or lie shaio or interest in the stock or fund to which such p-ower ofj(,s attorney shall relate or any part thereof, every such ollender sliall be guilty of a misdemeanor, and being convicted thereof, shall be liable at the discretion of the Court, to any of the puni>hnjentt4 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( 0 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, 0 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 ", '■'■•^'•':'' <or I II . . 1 I i" 1 II • - I I • *'"^ rtturn of
VOsliall iiave lieen Stolen or lost, and sliall in sucii advertisement stolen property
use any words purporting that no question will be asked, or shall ,^^|i|.'"'
make use of any words in any jjublic ads ertiscment, purporting
that i! ri'ward will be given or jiaid i\)v any property which shall
have been stolen or lost, v.iihout seizing or making any inquiry
•JoafJer I ho p(;rson producing such property, or shall promise or olfcr in any such {)ublic advertisement to rt turn to any pawn- broker or othei" person who may have bought or advanced money by way of a loan upon any property stolen or lost, the money so paid or advanced, or any other sum of money or reward for the
;;o return ol' such property, or if any j)crson shall print or publish any such advertisement in any of the above cases, every such j)erson shall forfeit the sum of twenty pounds for every such otfence, to any person who will sue for the same, by action of debt to be recovered with full costs of snit.
\^
V,' It 1 lout in-
♦ But SCO G V. c. 5
4G
CRIMINAL STATUTKS
4 k 5 Vie.
r.octivciK of LII. And bo it ciiactod, that wlioro tlio stoaliiiu; or lakitig of 111,, (irirriiiai of- anv |>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
<coverv 2(1, that r upon
CI
iiip. 2a.
or CANADA.
47
il|'|)H'll(luicii
wiiliout a waf riiiit.
indictment ur upon suimuary conviction by virtue of tbis Act, may bo immediately a[)[)rtbended witbout a warrant, by any Peace Ollicer, or by tbe owner of tbe properly on or witb respect lo wbicii ibe olfence i^ball be committed, or by llie servant of or r)any person autliori/ed by siicb owner, and forlhwitli taken before some neii:;bb()uring Justice of ibe Peace, to be dealt witb accord- ing to law ; and if any credilde witness sliall prove upon oath, before a Justice of the Peace, (hat there is reasonable cause to suspect that any pro[>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 aullioiize<l to iiward, if fie or they shall think lit, in any case of a sinnniary conviction under this Act) shall not ho paid either iuunediately alter the conviction, or within such period as the Justice or Jus- Slices shall at the time of the conviction appoint, which he or they is and are herohy authorized to appoint, it shall he lawfid for the conviclint:^ Justice or Justices (unless whore other wi.-o Scnlnofim- spocially directed,) to commit the olfender to the Common CJaol '' t>r 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 0 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 ^''*""'''^ /'^\<! <•''
^ _ ^ _ ' ' liiorc .lusticcs
the summons or warrant requiring the parties to a[)[)ear before nn^ imjuiwrnMl two or more Justices of the Peace ; and after examination upon unuino. oath into the merits of tiio said complaint, and the adjudication thereupon by any such two Justices being made, all and every
l2jtho subsequent proceedings to enforce obedience thereto, or otherwise, wliether res[)ecting the penalty, fine, in^.prisonracnt, costs, or other matter or thing relating to the oil'ence, may be en- forced by citlier of the said Justices, or by any other Justice of the Peace for the same District, County, City, Town or Place,
30 in sucli and the like manner as if done by the same two Justices who so heard and adjudged the said complaint ; and where the original complaint or information shall be made to any Justice or Justices of the Peace, different from the Justice or Justices before whom the same shall be heard and determined, the form of con- viction shall be made conformable and according; to the (act.
D
i
52
CRIMINAL STATUTES
4 & 5 Vic.
Ap;)c;il.
li
m
Pruviso.
LXV. And be it enacted, that in all cases where the sum adjudged to be paid upon any summary conviction, shall exceed live pounds, or the imprisonment adjudged shall exceed one ca- lendar month, or tlie conviction shall take place before one Jus- tice only, any person who shall think himself aggrieved by any such conviction, may appeal to the next Court of General or Quarter Sessions, which shall be holden not less than twelve days after tlie day of such conviction, for the District, County or Placo wherein the cause of complaint shall have arisen : Pr.jvidod that such person sliall give to the complainant a notice in writing of i such appeal, and of the cause and matter thereof, within three days after such conviction, and seven clear days at tlie least be- fore such Sessions; and shall also either remain in custody until the Sessions, or enter into recognizance with two suiricient sure- ties before a Justice of tlie Peace, conditioned personally to i appear at the said Sessions, and to try such appeal, and to abide the judgment of the Court thereupim, and to pay such costs a^^ shall be by the Court awarded ; and on sucli being given, and such recognizance being entered into, the Ju:-tice before whom the same shall be entered into, shall liberiite such person, if in- custody ; and the Court at such Sessions sliall hear aut! deter- mine the matter of the appeal, and shall make such order therein, with or without costs to either party, as to the Court shall seem meet ; and in case of the dismissal of the appeal or t!ic aflirmance of the conviction, the Court shall order and adjudge tlie; oflender to be punished according to the conviction, and to ['ay such costs, if any, as shall be awarded, and sliall, if necessary, issue process for enforcing such Judgment.
Coiivicti to hi: rrtur to CiiKirlcr ■
ttullS.
on-?
LXVI. And bo it enacted, that every Justice of the Peace lied before whom any person shall be convicled of any offonce against ""^^''* this Act, shall tiansinit the conviction to the next Court of Ge- nei'al or Quarter Sessions, which shall be holden for the District, County or Place wherein the otVenco shall have been comrailted, there (o be kept by the proper Oiricpf among the Records of the Court ; and upon any indictment or information against any per-
;.io
& 5 Vic.
Chap. 25.
Oii' CANADA.
53
thf sum
11 exceed
one ca-
one Jus- id bv iuiv ;■ cneriil or elve davs
or PliH'o
idod that ivritins; of id liin three ! least be- tody until lent sure- onally to i;; 1 to abi<!(> 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;<perty, in the same manner i;, as if it had beea ori<>;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- ■> 0 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, nimcn<v- this Act shall commence from and after the first day of January ^^"' "^^ ''"" one thousand eight hundred and forty-two.
IL And be it enacted, that whosoever shall unlawfully and Scuintr \w. iSmaliciously set fire to any dwelling house, any person toeing 'jJ^'^J^^''^^^'^^^^'"" therein, shall be guilty of Felony, and ]>eing 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<li- (lance or Ordinantx's, relatini;; thereto, in Ibrre in this Province, 5 or any [louse, liiiildin:^ or Weiiihino- l''n;;ine creeled for the better colleclion, asccrt.iinment, or security of any such Toll, every such olieiider shall be guilty of a Misdenieanur, and being convicted tlietcof, shall Ite punished accordinLrlv.
.iowirSio'Sm ^^' ^"'^"*' ^"^ it enacted, that if any person shall unlawfully 10
ofafishory.Sci', and maliciously break down or otherwise destroy, the Dam of or mill iLiiii. ti- 1 ri i' r wt ■•■..• i
any r ish Pond, or ol any Water which shall be private property,
or in which there shall be any private right of Fishery with in- tent thereby to take or destroy any of the Fisli in suih Pond or Water or so as therein' to cause the loss or destruction of anv 15 of the Fish, or shall unlawfully and maliciously put any lime or other noxious material in any such Pond or Waier, with intent thereby to destroy any of tiie Fish therein, or shall unlaw- fully and maliciously break down or otherwise destroy the Dam of any Mill Pond, every such ollV'nder shall be guilty of a -0 Misdemeanor, and being convicted thereof, shall be punished accordingly.
Killing or XVF. And bo it enacted, that if any person shall unltwfully maiminiriiittlc. apii maliciously kill, maim or wound any Cattle, every such
olTender shall be guilty of Felony, and being convicted thereof, 2.5 shall be liable, at the discretion of the Court, to be imprisoned at bard 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 anv term not excceditiii; two years.
HfUinir iirc XVII. And be it enacted, that whosoever shall unlawfully or so
to airriculturai j-naliciously set fire to anv Stack of Corn, Grain, Pulse, Peat, Coals, produce. •' •' 7 7 7 17
Charcoal, or Wood, or any Steer of Wood, shall be guilty of Felo- • But sec C V. c. 5.
0 V 10.
, Uiiil,
'illlOIlt
Oidi-
ivincc, f) or (III!
1 Toll, loiiii''
w fully 10 )am of pcrly, /:lli ill- l^uul of any ij ime or witli iinliiw- DHm / of a -20 mislii'd
iw fully y such hereof, 23 oned at lot less r ph'.ce
fully or;^o Coals, ifFelo-
Chap. 2G.
OF CANADA.
01
ny, and hoiii<.; convicted thereof, shall bo liable, at the discretion of the ('ourt, to be imprisoned at hard labour in the Provincial Penitentiary lor the term of his natural lif<', or for any term not less than seven vears,* or to be imprisoned in any oiher Prison or 5pla(;e of confinement for any term not exceeding two years.
XVIII. And be it enacted, that if any person sh;ill unlawfidly and maliciously cut or otherwise destroy an\ llop-liinds, growing on poles in any plantation of Hops, everv such ofieiider shall be guilty of Felony, and being convicted thereof, shall be imprisoned
10 for any term not exceeding four yeara.f
XIX. And be it enacted, that if any person shall unlawfully and maliciously cut, break, bark, root up, or otherwise destroy or damage the whole or any [)art of any Tree, Sapling or Shrub, or any Underwood, respectively growing in any Park, Pleasure-
i& Ground, Garden, Orchard or Avenue, f)r in any ground adjoining or belonging to any Dwelling House, every sucli oOender shall be guilty of a Misdemeanor, and being convicted thereof, shall be punished accordingly ; and if any person siiall unlawfully and maliciously cut, break, bark, root up, or otherwise destroy or
20 damage the whole or any part of any Tree, Sapling or Shrub or any Underwood, respectively, growing elsewhere than in any of the situations hereinbefore mentioned, every such oil'ender (in case the amount of the injury done shall exceed the sum of one pound) shall be guilty of a Misdemeanor, and being convicted thereof,
25 shall be punished accordingly.
XX. And be it enacted, that if any person shall unlawfully and maliciously cur, break, bark, root up, or otherwise destroy or damage the whole or any part of any Tree, Sapling or Shrub, or any Underwood, wheresoever the same may be respectively
oOgrowing, the injury done being to the amount of one shilling at the least, every such offender, being convicted thereof, before a Justice of the Peace, shall forfeit and pay, over and above the
bo:» biiuis.
Dt'Btroyiii? or daimi<jiiij:f trorn, Hliriihs. 8tc. ijrosviuijiu certain situii- tioMH.
The like ar; to trees, >^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<rs, us to the Justice shall seem meet. *J0
Dostrovitv XXIII. And be it enacted, that if any person shall unlawfully *c any ti'iic". and maliciouslv cut, break, throw down, or in anywise destroy
wall, slilo or ^ c ' ^ • .• i * \\t m c.-i
tiite. any Fence of any description whatsoever, or any Wall, btile, or
Gate, or any part thereof respectively, every such olFender, being convicted before a Justice of the Peace, shall forfeit and pay,2j over and above the amount of the injury done, such sum of money not exceeding one pound as to the Justice shall seem meet.
Porsons co.n- XXIV. And be it enacted, that if any person shall wilfully or ini'"r'"'to mo- 'maliciously commit any damage or injury, or spoil to or uponso jirriy in any any real or personal property whatsoever, either of a public or 'vi'onflly°provid- private nature, for which no remedy or punishment is hercinbe- • J for, may be f^j-e provided, every such person being convicted thereof, before
15
b Vk.
lUg oiiu
iwftilly •oy any in liny :> 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 <hiciicc, yj^jij^/ shall, on conviction before a Justice of the Peace, he liable for every such olfoncc of aiding, abetting, counselling, or procuring, to the same forfeiture and punishment to which a jierson guilty of such oifence as a ))rinci[)al oHender is by (his Act made liable. ,
CO XXXII. And W'ilh retrard to the application of all forfeitures Applk-ntioii and penalties upon summary convietions under this A(t ; be it ai\tl jwnaiiicH enacted, that every sum of money which shall be forfeited for i'!"'".«'i.""''*'"y
' •'_ - _ convictions.
the amount of any injury done, (such amount to be assessed in each case by the convicting Justice) shall be paid to the party
25 aggrieved, if known, e.\ce[)t where such p.arty shall have been examined in proof of (he oill'nce ; and in that case, or where the party aggrieved is unknown, sucli sum shall be applied in the wime manner as a penalty ; and every sum which shall be imposed as a penally by any Jusl:c(! of (!ie Peace, whether in
-^adtliiion to such amoiml or clh.erwisc, shall bo paid to the cnn- viclin;!; Justice: Prov; 'mI Hl\vi!\s, (Iiat where several persons shall Join m the commission ot (be same oilenc(>, 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 <Mi:unii ]>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]<e case may be) too-etlier vrit!i ilie costs, shall not e::ceod five pounds ; and for any term not exceeding four calendar months wiicro the amount willi costs e!;;;11 cxccr^ci iive pounds;, and not exceed ten.O j)oe.uds ; and for any term iw" exceedint!; six calendar rc"ntb..s where the amount with costs f'.hail exceed ten pounds ; i!:e con)- mitujcnt to be doicM'rainable in each of the cases aXorei-iuid upon the paymiCnt of the amount a;ai costs.
XXXI V. Provided always, and bo it enacted, that where any 2,') pcrstm shall be summarily convicted befor" a Jtw?tice (f the Peace of any olT^>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 <!f the first con- think fit, ; iriakincr (■(!s;s, or "JO
1 1 for the vornor or :c for the
Chap. 2G.
OF CANADA.
67
time being, to extend ihe Royal Mercy to any person Imprisoned by viitue of tliis Act, although he shuU be imprisoned for non- payment of money to some party other than the Crcwn.
XXXVI. And he it enacted, that in case any person convicted A summary
5of any olfonce punishabki upon summary conviction by virtue ofgi^ii iio°a bar
this Act, shall have paid the sum adiudojed to be paid too-ether ^'^ '^"•X. °"'.^'
, . . 1 11 1 .1 proceeding for
wUh costs, under such conviction, or shall have received a re- thesamcciius.;. mission thereof from the Crown, or shall have saflered the impri- sonment awarded for non-payment thereof, or the imprisonment JO adjudged in the first instance, or shall have been discharged from his conviction in the manner aforesaid, in every such case he shall be released from all further or other 'iroceedirigs for the same cause.
XXX YII. And belt enacted, that the Ju:!tice before whom Formofcon- I5any person shall be convicted of any ofFencc agrinst this Act, may ^''^'^'*'"' cause the conviction to be drawn up in the following form of words or in any othe; form of words to the same effect, as the case may require, videlicei : —
" Be it remembered ti.at on the . day of
£0 in the year cf our Lord
at in the District (or City, &c.
as the case may he) A. 0. is convicted before me J. P. one of Her Majesty's Justices of the Peace for the said District [or City fyc.) for that he the said A. 0. did (specify ^hthe offence, and the time and place lohen and where the same was committed, as the case may be) and I the said J. P. ad- judge the said A. 0. for his said offence to be imprisoned in the
(or to be iiiipiisoned in the and there kept to hard labour), for the space of 30 (or, I adjudge the said A. O. for his said offence to forfeit and pay (here state the penalty actually
imposed, or state the penalty and also the amount of ihe inju- ry done, as the case may be,) and also to pay the sum of
for costs, and in default of immediate pay- E
68
CRIMINAL STATUTES
4 & 5 Vic.
mcnt of the said sums, to be imprisoned in tlie (07', lo be imprisoned in the and there kept
to liard hibour) lor the space of unless the
said sums shall be sooner paid ; (or, and I order that the said sums shall be paid by the said A. 0. on or before the 5
ihy of and I direct (liat the
said sum of (?'. c. the pcnaftij only) shall
be paid to mo tlie convicting Justice, ;md that !lie said sum oC
(i. e. the sum for the amount of the injury done) shall be paid to C. D. {the party a<jgricvcd^ 10 unless he is iinhnown, or has been examined in proof of the offence, in which case state that fact and dispose of the whole like the penally as before) ; and 1 order that the said sum of
for costs, shall be paid to (the complainant.) 15
Given under my hand and seal the day and year first above mentioned."
AppetU.
li ''''
XXXVIir. And bo it enacted, that in all cases wlicre the sum adjudged to be paid on any summary ccmviction shall exceed fivo pounds, or the imprisonment adjudged shall exceed one calendar CO month, or the conviction shall take place before one Justice only, any person wlio shall tiiink himself aggrieved by any such con- viction, may appeal to the next Court of General or Quarter Sessions, which shall ho holden not less than twelve days after tlie day of such conviction for the District, Inferior District, 25 County or Place wherein the cause of complaint shall have arisen ; provided that such person shall give to t!ie complainant a notice in writing of such appeal, and of the cause and matter thereof within three days after such conviction, and seven clear days at the least before such Sessions, and shall also either remain 30 in custody until the Sessions, or enter into a recognizance, with two suflicient sureties before a Justice of the Pence, conditioned personally to appear at the said Sessions, and to try such appeal and to abide the judgment of the Court thereupon, and to pay
1
5 Vic.
e kept
2SS iho e said
5 lat l!ie
) sliall
Slim of
of the.
'icvcd, 10 of the whole
sum of
v>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;ment ecovcf le like i(> 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 0 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 <ir personal estate, orifi she.ll bean heiress presumptive or next of Uin to anyone having such interest, if any person shall, from motives of lucre, take awav or detain such woman against her will, with intent to marry or (iefilo her, or to cause her to be married or defiled bv any other person, every such offender and every person counsel- 20 ling, aiding or abetting such ollender, sjuiil be guilty of Felony, and being convicted thereof, shall bo liable to be imprisoned at bard labour in liie Provincial Penitentiary, for any term not less tl'.an seven years, f or to be imprisoned in an}' otiier prison or place of confinement i'or any term not exceeding two years. •:.■)
Unlawful Ab- duotioa of a tiirl from her liaroiits or ^fuarJiana.
XX. And be it enacted, that if any person shall unlawfuHv take, or cause to bj taken, any unmarried girl, being under tli:; age of sixteen years, out of the possession and against the will of her father or miither, or of any other person having the lawful care or chartre of her, everv such ofiender shall be jjuiltv of an,) Misdemeanor, and being convicted thereof, shall be liable to
* Sfc (i V. c. f). 3 3. in cases wlicrc tho term awarded cxcords two years. + JJutBecO V. c. 5.
Si 5 Vic.
C(iai). 27.
or CANADA.
77
\nor, nnd 1 for such
V
Bujrgcry, cspoclivo 5 jcapo by (juircil of eof, be it •so casos, St it II lu a 10
0 d'jfcriicd
ball linvc lire, absii- ostalo, or If) lie liaving icre, talco intent ti» (lolilod by
1 counsel- 20 FoK)ny,
isoned at term not prison or MS. •::)
nlawfully under tlc) t Ibe will
c lawful nilty of a 30
liable to
sutler siicli puni.sbment, b) Cum tir iin[»risonmciit,* or by botli, as tlu; Court shall award.
XXI. And be it enacted, that if any person shall rnalieiously, (^•lJil^|s^oa!in;^ either by force or fraud, lead or lake away, or deeoy, or 0 entice away or detain, any child under the a^;o of ten years, with intent to depiive the parent or |-arciits, or any other person having the lawful care or charge of such child, of the posse^situi of such child, or with intent to ^teal any article upon or about the person of such child, to whomsoever such article may
lobehuig ; or if any person shall, with any such intent as aforesaid, receive or harbour any such child, knowing the ^ame to have been, by force or fraud, led, taken, decoyed, enticed away or dtitained as hereinbefore mentioned ; every such oH't-nder, and every person counselling, aiding or abetting such ofiender, shall
libu guilty of Febuiy, and being convicted thereof, shall he lialde to bo imprisoned at hard labour in the Provincial Penitentiary for any term iu)t less than seven years,] or to b,; imprisoned in any other Prison or place of confinement, for any loini not exceed- ing two years: Provided alwa}s, that no person who shall have Not (..oxfryNl
ooclaimed to be the father of an ill >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<v threo calendar months : Provided always, that no per;^on, who sliall he punished lor any such oirunt-e, by virtue of this provision, shall he punished for the same oflence by virtue of any oilier law wliatsoever.
Po-sons c.Q'.v.- wiittin^f any
XXVIL And v.'licreas it is expedient that n summary power
coiimx.n r.s- of punisliiii'j; pLM'sons for common asssults and hattories siiould be
«auItorb-\;tery -, , , , ,. . . , . , . , t» •
may he coin- prov-ulecl Under the limitations horeinatter mentioned ; Ee it
Mn<rtirln> 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<j Elcclious.
c 5 Vic.
exceed -
poison, I of ihis le of iinv
5
lioult! bo ; Be it 7 asvsault :e of tlio ^'0 rr hini to ine such "ore liim, be moel, of Five 1!^ 3 Muni- ve been or if the 'unicipci! •, and bo 20
by hiw
unicipal
itiistand-
if such
ith the 25
ftcr the
11 at the
him to
rection,
alendarSO
t if tho
baticry
fmd tho
li.-ituuce of
Chap. 27.
OF CANADA.
81
Ifthc Maris- tra'co (lisnii.ssc.T tlu! (•(Hiiplaint, I'.p h!iu!1 iiiako* out a c'ortifi- cato to that ell'oct.
as^fault or battery to have been justified, or so triflinj; as not to merit an\ punishment, and shall accordingly dismiss the comphiint, lie shall forthwith make out a cerlilicate under his hand, stating- tiio fact of such dismissal, aiid shall
rMJeliver such certifK-alo to tho party against whom tlio complaint was pref(?rred ; and if such* costs shall not be paid immediately u|)on dismissal, or within such period us such Justice shall, at the time of such dismissal, appoint, it shall be lawful for him to issue his warrant to levy the am./.mt of such costs Vv'ithin a certain
10 time to bii in the said warrant expressed, and in case no distress sudicient to satisfy the amount of such warrant shall be so fuund, to commit the party by whom such costs shall bo so ordered to lie pa'd, as aforesaid, to the Common Gaol of the District, Cor.nty or Division, where such oHenco shall be alleged
!j to have been comrrittod, there to imprisoned for any term not exceetling ten days, unless such costs shall be soonci paid.
XXVIII. And be it enacted, that if any person against wdiora any such complaint shall have been preferred for any common assault or battery, shall have obtained such certificate as afore- -' said, or having been convicted shall have paid the whole amount adjudged to be paid under such conviction, or shall have sutfered the imprisonment awarded for non-payment thereof, in every such case he shall be released from all further or other proceed- ings, civil or criminal, for the same cause. '
25 XXIX. And be it enacted, that when any person shall be summarily convicted before a Justice of the Peace of anv ofi'enco against tins Act, it shall be lawful for such Justice, if he shall so think fit, to discharge the offender from his conviction up(,n his making such satisfaction to the party aggrieved for damages
20 and costs, or either of them, as shall be ascertained by the said Justice.
XXX. Provided always, and be it enacted, that in case the Whore Fo!cr,/
intended M»-
• Sic.
l:'v.\h ecrtifi- crlt! or con- viction pliallbo a liar to any otiur procccd-
JVT^c^istrntn :nny (iiscliarjro ofli'ni^ r on his sa'isiyin!» ag- grieved party.
11
82
CRIMINAL STATUTES
4 & 5 Vic.
jc'istoto not lo Justice shall fiiul llie Assault and Battery complained of to iiave ?S Uil%!v"e ^^^^ accompanied by any attempt to commit Felony, or shall be to the Tribu- of opinion tliat the same is, from any other circumstancea, lit subject for a prosecution by indictment, bo shall abstain from any adjudication thereupon, and shall deal with the case in all -^ respects in the same manner as he would have done before the passing of this Act : Provided also, that nothing herein contained shall authorize anv Justice of the Peace to hear and determine any case of Assault or Battery, in which any question shall arise as to the title to any lands, tenements or hereditaments, or any lo interest therein or accruing therefrom, or as to any bankruptcy or insolvency, or any execution under the process of any Court of Justice.
Punishment XXXI. And be it enacted, that if any person shall wilfully DiviniVcrvia^ disturb, interrupt, or disquiet any assemblage of persons met for 15 religious worship, by profane discourse, by rude, or indecent behaviour, or by making a noise, either witbin the place of wor- ship, or so near it as to disturb the order or solemnity of the meeting, such person shall, upon conviction thereof before any Justice of the Peace, on the oath of one or more credible witness 20 or witnesses, forfeit and pay such a sum of money, not exceeding Five pounds, as the said Justice shall think fit.
F;nrs, how levied,
XXXII. And'be it enacted, that in defiiult of payment of any fine imposed under the authority of this Act, on a summary con- viction before any Justice of the Peace, together with tlie costs 25 attending the same, within the period specified for the payment thereftf at the time of conviction, by the Justice before whom such conviction may have taken place, it shall and may be lawful for such Justice, to issue his warrant directed to any Con- stable to levy til ) amount of such fine and costs within a certain 30 time to be in the said warrant specified, and in case no distress suflicient to satisfy the amount shall be found, it shall and may be lawful for him to commit the offender to the Common Gaol of the Di.stiict wherein the offence was committed, for any term, not
& 5 Vic.
f to liiive sliiill be incea, lit tain from sG in all '"^ eforc the ;;ontainc(l letermine ball arise i, or any 10 nkruptcy nv Court
I wilfully 3 met for 15 indecent 3 of wor- :y of the ifore any e witness 20 xceeding
it of anv
:iary con-
tlic costs 25
payment
re whom
may be
iiny Con-
a certain 30
0 distress and may
1 Gaol of term not
Chap. 27.
OF CANADA.
S3
exceeding one month, unless the fine and costs shall he sooner paid.
XXXIII. And be it enacted, that any person who shall think «
, . ,^ . 1 , . . 1 . . , Appeal against
nimseli aggrieved by any summary conviction or decision under convictions to
5 this Act, as aforesaid, may appeal to the next Court of General '^^^^^' ^'''' or Quarter Sessions, which shall be holden not less than twelve days after the day of such conviction or decision for the District wherein the cause of complaint shall have arisen : Provided always, that such person shall give to the other party, a notice in
10 writing of such appeal, and of the cause and matter thereof, within three days after such conviction or decision, and seven days at the least before such Sessions, and shall also either remain in custody until the Sessions, or enter into a recognizance with two sufficient sureties before a Justice of the Peace, condi-
15 tioned personally to appear at the said Sessions, and to try such appeal, and to abide the juf'gment of the Court thereupon, and to pay such costs as shall be by the Court awarded ; and upon such notice being given, and such recognirance being entered into, the Justice before whom the same shall be entered into, shall liberate
20 such person, if in custody, and the Court at such Sessions, shall hear and determine the matter of the appeal, and shall make such order therein with or without costs to either party, as to the Court s.hall seem meet ; and in case of the dismissal of the appeal, or the affirmance (jf the conviction, shall order and adjudge the olTender to
25 be panished according to the conviction, and to pay such cosU, as shall be awardeci, and shall, if necessary, issue process for enforcing such jMiig'nent.
XXXIV. And be it enacted, that whenever an appeal shall be Appeals trla- made from the decision of any Justice under this Act as aforesaid, ^^^ ^^ ^^^y-
30 the Court of General or Quarter Sessions shall have power to empannel a Jury to try the matter on which such decision may have been made, and the Court, on the finding of such Jury, under oath, shall thereupon give such judgment as the circum- stances of the case may require ; Provided always, that such Court
F
m
CRIMINAL STATUTES
4 & 5 Vic.
^1 ^li-
1 ;-l i^
Punishment ol' Accessories.
shall not in any case adjudge the payment of a fine exceeding five pounds in addition to the costs, or to* order the imprisonment of the person so convicted, for any period not* exceeding ore month ; and all fines imposed and recovered by the judgment of such Court, shall be applied and disposed of in the same manner f. as other fines recovered under the provisions of this Act.
XXXV.. And be it enacted, that in the case of every Felony punishable under this Act, every Principal in the second degree, and every Accessory before the fact, shaU be punishable with death or otherwise, in the same manner as the Principal in the first lo degree is by this Act punishable ; and every Accessory after the fact to any Felony punishable under this Act, shatl, on convic- tion, be liable to be imprisoned for any term not exceeding two years.
Offences pu- XXXVI. And be it enacted, that when any person shall be 15 prisonmem ™ convicted of any olfence punishable under this Act, for which imprisonment may be awarded, it shall be lawful for the Court to sentence the offender to be imprisoned, or to be imprisoned and kept to hard labour, in the Common Gaol or House of Correction, and also to direct that the offender shall be kept in solitary con- 'id finement for any portion or portions of such imprisonment, or of such imprisonment with hard labour, not excee ng one month at any one time, and not exceeding three months in any one year, as to the Court in its discretion shall seem meet.
Jury may ac- XXXVIII. And be it enacted, that on the trial of any person 25 anil convi(!t'"o^f ^'''^ ^"^ ^^ *^® offences hereinbefore mentioned, or for any Felony Assault.in ccr- whatever, where the crime charged shall include an Assault against the ppison, it shall be lawful for the Jury to acquit of the Felony and to find a verdict of guilty of Assault, against the person indicted, if the cvideno shall warrant such finding ; and 30 when such verdict shall be found, the Court shall have power to
tain cases.
m
IfCf
♦ Sic.
4 & 6 Vic.
exceeding prisonment ceding ore Lidgment of me manner ;> 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-
<ial Penitcn- "^ . i i ^ , . , ,
tiary for nny vincial Penitentiary, but may, mstead thereof and in the discre- than thivo ^^^ t'^n of the Court, be punished by imprisonment in any other years. Prison or place of confinement for any term not exceeding two
years, the offender may, if convicted after the passing ot this 20 Act, be punished in the discretion of the Court, by imprisonment in the Provincial Penitentiary for any term not less than three years and not exceeding the longest term for which such offender might have been so imprisoned if this Act had not been passed, or by imprisonment in any other Prison or place of confinement 25 for any term not exceeding two years, in the manner prescribed by such Act ; Provided always, that nothing in this Act shall prevent such offender from being punished by imprisonment in the Provincial Penitentiary for life, if he might have been so punished if this Act had not been passed. 30
Other cases HI. And be it enacted, that for each and every offencv*?, for
ders^ma' 'teso which by any of the said Acts, the offender may on conviction
< Dinmitted. be punished by imprisonment for such tern as the Court shall
award, or for any term exceding two yeais, such imprisonment.
G Vi
•c
Chap. 5.
OF CANADA.
80
slrotion her Act consoii- ative to I certain ^ Act for relative 'X passed idating offences lo shall be tiis Act,
3nce for
3nder is 15
he Pro-
discre-
y other
ing two
ot this 20
onment
three
ender
passed,
riement25
scribed
shall
lent in
)een so
30
if awarded for a longer term than two years, shall be in the Provincial Penitentiary.
IV. And be it enacted, that for each and every olTonce for i„>.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,
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'■■ 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.