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J3S-

THE

CRIMINAL STATUTES

C A N A D

WITH NOTES,

AND

A GOPIOI] ^ INDEX.

^tfir

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.

i :

5 s:

(Oa

V
151

THE

CRIMINAL STATUTES

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

CRIMINAL STATUTES

4 & 5 Vic.

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.

CRIMINAL STATUTES

4 & 5 Vic.

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.

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.

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,

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.

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

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.

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.

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.

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

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

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.

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.

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.

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.

■a

(

or, J

a
i

'•

■I

Ciinp. 21.

OF CANADA.

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-

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.

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

*:•-¥

CniMINAL STAfUTES

4 & 5 Vie.

' ';-

« 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

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.

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.

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.

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.

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

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.

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.

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

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

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.

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

ste:

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.

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 ■" '

CRIMINAL STA1UTE3

4 & 5 Vic.

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

ic.

Chap. 25.

or CANADA.

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

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.

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

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.

1 !'

IC.

Cliap. 25.

OP CANADA.

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.

♦ But see 6 V. c. 5.

'"T

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.

O V ic.

Chap. 25.

OP CANADA.

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

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)

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

iiip. 2a.

or CANADA.

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,

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.

luslico
rtc^ or
It; liiin
'ocice ;
nay (if ■>
^unless
t ; iind

nu llic

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

CRIMINAL STATUTES

4 & 5 Vic.

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.

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.

CRIMINAL STATUTES

4 & 5 Vic.

Ap;)c;il.

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.

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 ''-'^ ''^^'^ "^^''''

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.

""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-

! K

li IP

'11

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.

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.

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

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.

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

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.

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. '

* But see 6 Vic. c. 5.

+ See G Vic. c. 5, s. 3.

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.

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

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.

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

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

< 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.

.,. ., ,. 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.

\ct, for
(or the
i impri-
[ouseof
kept in j

impri-

excoed-

monllis

II seem

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'

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

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.

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

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

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,

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

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

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.

)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

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.

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.

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.

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.

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.

CRIMINAL STATUTES

4 Si 5 Vic.

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.

\nor, nnd
1 for such

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,

CRIMINAIi STATUTES

4& 5

ic.

•S 'I'fili

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.

%^.

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,

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

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.

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.

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.

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

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.

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.

8ti

CRIMINAL STATUTES 4 & 5 Vic. C. 27.

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-

((

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.

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 '^'

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.

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

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,

IMAGE EVALUATION
TEST TARGET (MT-3)

id.

1.0 !f "^ I

I.I

1.25

I4£

1!^ 124

i:^ IIIIIM

1.4

1.6

*^J^ %: #

Photographic

Sdences

Corporation

23 WEST MAIN STREET

WEBSTER, N.Y. HS80

(716) 872-4503

^tf

fy 'C.

'W4^

4'.' '.

'^''•H,:'i ^.tst*w5#'i,iiV,

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■ ■■ if I' -• ■■ ■ -■ ' . • . ; ■■•. .'''' .A ■ I

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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
79
ib.
ib.
ib.
ib.
ib.
80
89

40
4

12, 13

40
59
31

5^
57

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

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

20
55
67

75
76

SO
67

ib.
IB

38,39

25
2^

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.

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.

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

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.

12
12

jb.
ib.
ib.

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

Page.
60

37
ib.

ib.

36
36,37
ib.

8
ib.

36,62

36
ib.
62

53, 69

55
57

13
26
64

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

19
73

55
57

65
67

30,31

ib.

ib.
20

ib.
21
ib.

ib.
22

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

Page.
19

ib.

84
22

ib.
4,5

ib.
ib.

5,6
ib.

ib.

7
ib.

ib.

48,80

49,81
50

*\
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

88
89

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.

60
35

29
75
•76

34
ib

43
ib.
ib.

ib.
ib.

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.

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.

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.

S8
29
ib.

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

:b.

ib.

ib.
ib.
ib.
ib.
ib.

10
ib.
ib.

ib.
ib.

19
ib.
72

77, 78

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.

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