Canada.

Acts of the Parliament of the dominion of Canada relating to criminal law ... online

. (page 24 of 51)
Online LibraryCanadaActs of the Parliament of the dominion of Canada relating to criminal law ... → online text (page 24 of 51)
Font size
QR-code for this ebook


the prosecution fails.

Procedure : 1^^ x\l the pro^osions of any law respecting the duties of

to apply to^ Justices of the Peace in relation to summary convictions and

cft?«s wnder orders, and to appeals from such convictions, and for the pro-

^^' tection of Justices of the Peace when acting as such, or to

facilitate proceedings by or before them, in matters relating

to summary convictions and orders, shall in so far as they are

not inconsistent with this Act, apply to every commissioner

or justice mentioned in this Act or empowered to try

offenders against this Act, and any such commissioner shaft

be deemed a Justice of the Peace within the meaning of any

such law, whether he be or be not a Justice of the Peace for

other purposes.

Limitations of i9. Any actiou brought against any commissioner or jus-
agiTnst per- *^^®» Constable, peace officer, or other i)erson, for any thing
sons acting done in pursuance of this Act, must be commenced within
under this gj^ mouths next after the fact ; and the venue shall be laid
or the action instituted in the district or county or place
where the fact was committed ; and the defendant may plead
the general issue and give this Act and the special matter in
evidence ; and if such action is brought after the time limit-
ed, or the venue is laid or the action brought in any other
district, county or place than as above prescribed, the judg-
ment or verdict shall be given for the defendant; and in
such case, or if the judgment or verdict is given for the
defendant on the merits, or if the plaintiff becomes nonsuit
or discontinues after appearance is entered, or has judgment
rendered against him on demurrer, the defendant shall be
entitled to recover double costs.

ao.



Digitized by VjOOQIC



1869. Peace on Public 'Works, SfC. Chaps. 24, 25. 189

90. No action or other proceeding, warrant, judgment, ^^^^^^^[^
order or other instrument or writing authorized by this Act, make^pro- *
or necessary to carry out its provisions, shall be held void, or ceedingsvoid.
be allowed to fail for defect of form.

91. In this Act the word "Commissioner" means a com- lutcrpretai-
missioner under this Act ; the word " weapon " includes every ^^^^ clause.
kind of w^eapon mentioned or included in the second section

of this Act, and all ammunition which can be used with or
lor any such weapon, and any instrument or thing intended
to be used as a weapon; the expression "intoxicating liquor"
means and includes every kind of liquor mentioned or in-
cluded in the twelfth section of this Act ; and the expiession
"District, County or Place," includes any division of any
Province for the purposes of the administration of justice in
the matter to which the context relates,

22. This act shall commence and take effect on the first When this
day of July, in the year of Our Lord one thousand eight uke e^^ct.
handre<iajid sixty-nine.

CHAP. 25.

An Act respecting certain offences relative to Her
Majesty's Army and Navy.

[Assented to 22nd June, 1869.]

HER Majesty, by and with the advice and consent of the Preamble.
Senate and House of ^Commons of Canada, enacts as
follows : —

i. Whosoever, not being an enlisted soldier in Her Majesty's Penalty for
service or a seaman in Her Majesty's naval service, by words dlers m^aliors
or with money, or by any other means whatsoever, directly to desert,
or indirectly persuades or procures, or goes about or endea-
vours to persuade, prevail on or procure any such soldier or
seaman to desert or leave Her Majesty's military or naval
service, or conceals, receives or assists any deserter from Her
Majesty's military or naval service, knowing him to be such
deserter, may be convicted thereof in a summary manner be- How recover-
fore any two Justices of the Peace, or before the Mayor of any * ^®*
city, and any one Justice of the Peace, or bolore any Recorder,
Judge of the Sessions of the Peace or Police Magistrate, on
the evidence of one or more credible witness or witnesses,
and shall then be liable to a penalty not less than eighty
dollars, nor more than two hundred dollars, in the discretion
of the court before which the conviction takes place, with
costs, and in default of payment may be committed to gaol

for

Digitized by VjOOQIC



196



Penalty for
rec€iviiij(
regimenittl
ueceesHried,



Recorery
thereof.



Ciiap. 2^. Ojfences relative to Army or ifavy. 82-33 Vicif

for any period not exceeding six months, or until such pen-
alty is paid.

*. Whosoever buys, exchanges or detains or otherwise re-
ceives from any soldier or deserter, any arms, clothing or
furniture belonging to Her Majesty, or any such articles
belonging to any soldier or deserter as are generally deemed
regimental necessaries, according to the custom of the army,
or causes the colour of such clothing or articles to be chang-
ed, or exchanges, buys or receives from any soldier any pro-
visions, without leave in writing from the oflBcer command-
ing the regiment or detachment to which such soldier belongs,
may be convicted thereof in the manner mentioned in me
next preceding section, and shall then be liable to a penalty
of not less than twenty dollars nor more than forty dollars
and costs, and in default of payment be committed to gaol
for a period not exceeding nine months, or until such penalty
is paid.



Penalty for 3. Whosoevcr buys, exchanges, or detains or otherwise re-
cewaries^from ^^^^^^^ from any scamau or marine, upon any account what-
ever, or has in his possession, any arms or clothing, or any
such articles belonging to any seaman, marine or deserter, as
are generally deemed necessaries, according to the custom of
the navy, may be convicted thereof in the manner mentioned
in the next preceding section but one, and shall then
be liable to a penalty, not less than sixty dollars nor more
than one hundred and twenty dollars and costs, and in
default of pajrment shall be committed to ffaol for a term not
exceeding nine months, or xmtil such pen^ty is paid.



niHnneM or
seamen.

Recovery
thereof.



Appropria- 4. One-half the amount of any i)enalty imposed under any
niwy^uar* ^^ *^^ preceding sections shall be paid over to the prosecutor
ties. or person by whose means the oflfender has been convicted,

and the other moiety shall belong to the Crown.



Offender may
be prose cutoU
for a misde-
meanor.



*"*. Eveiy offence against the preceding sections of this act
is a misdemeanor, and may be prosecuted as such, and the
offender convicted shall then be liable to punishment by fine
and imprisonment in the discretion of the court ; and nothing
in this Act shall be construed to prevent any person being
prosecuted, convicted and punished under any Act of the
Imperial Parliament in force in Canada ; but no person shall
be twice pxmished for the same offence.



Examination
of witnesses
about to leave
the Province.



6. The examination of any soldier, seaman or marine liable
to be ordered from the Province in which any offence against
this Act is prosecuted, or of any witness sick, infirm or about
to leave such Province, may be taken de bene esse before any



Digitized by



Google



1^69. O^ences relalive io Army or ttavy, Sfc. Ckaps. 25, 26. l9l

commisbioner or other proper authority, in like manner as
depositions in civil cases may be taken.

7. Any person reasonably suspected of being a deserter Apprehensum
from Her Majesty's service may be apprehended and brought 3eg"^7erf *^
for examination before any Justice of the Peace, and if it ap-
pears that he is a deserter, he «hall be confined in gaol until
claimed by the military or naval authorities, or proceeded

against according to law.

8. No person shall break open any building to search for a Warrant re-
deserter iinless he has obtained a warrant for that purpose ^nJ^Vbuiid-
from a Justice of the Peace, such warrant to be founded on ing in Bearch
affidavit that there is reason to believe that the deserter is ©^ deserters.
concealed in such building, and that admittance has been de-
manded and refused ; and any person resisting the execution

of any such warrant shall thereby incur a penalty of eighty
dollars, recoverable on summary conviction in like manner as
other penalties under .this Act.

O. Any Justice of the Peace upon information on oath or Warrant to
affirmation, may issue a warrant for the apprehension of any 0^^^^^.^
person charged with an offence against this Act, as in the
case of other offences against the law.



CHAP. 26.

An Act for the better protection of Her Majesty's Mili-
tary a]id Naval Stores.

[Assented io 22nd June, 1869.]

HER Majesty, by and with the advice and consent of the Preamble.
Senate and House of Commons of Canada, enacts as
follows :-r-

1. The marks described in the schedule to this Act may be Marks to be
applied in or on Her Majesty's naval, military, ordnance, bar- ^^^^ ^' ^'
rack, hospital and victualling stores, to denote Her Majesty's
property in stores so marked.

2. The Admiralty and War Department, their contractors. Who may
officers and workmen, may apply the said marks, or any of ma^r^s.*"^^
them, in or on any such stores as are described in the said
schedule.

3. Whosoever, without any lawful authority (proof of Unlawfully
which authority shall lie on the party accused), applies any marfs^a^mis-
of th^ ^d vmkB in pr OA any such or any like stores, is demeaAor.

guilty



Digitized by VjOOQIC



192 Chap. 26. Military and Naval Stores, 32-38 ViCT.

guilty of a misdemeanor, and shall be liable to be imprisoned
for any term less than two years, with or without hard
labour.

Unlawfully ^ • Whosoever, with intent to conceal Her Majesty's prop-
obliterating erty, in any naval, military; ordnance, barrack, hospital or
suchTmark)'^^ A'ictualling stores, takes out, destroys or obliterates, wholly or
felony. in part, any such mark as aforesaid, is guilty of felony, and

shall be liable to be imprisoned for any term less than two
years, with or without hard labour, and with or without
solitary confinement.

UnUwfuily *• Whosoever, without lawful authority (proof of which
keeping or authority shall lie on the party accused), receives, possesses,
Bo^marked^'^* keeps. Sells ordcliA'crs, any naval, military, ordnance, barrack,
miBdemeanor. hospital or victualling stores, bearing any such mark as afore-
said, knowing them to bear such mark, is guilty of a misde-
meanor, and shall be liable to be imprisoned for any term not
exceeding one year, with or without hard labour.

Knowiedi^c 6. Where the person charged with such a misdemeanor as

bear mark ^^^^ aforcsaid was, at the time at which the offence is charged

presumed ' to have been committed, a dealer in marine stores, or a dealer

Bhewn*"^^'^*'^ in old metals, or in Her Majesty's service or employment,

knowledge on his part that the stores to which the charge

relates bore such mark as aforesaid, shall be presxuned until

the contrary is shewn.

Where value 7. Any person charged with such misdemeanor as last

not cxceed*^^ aforesaid in relation to stores, the value of which does not

$25, case to cxcced tweuty-fivc dollars, shall be liable on summary con-

marii^^ *"™' viction before two Justices of the Peace, or any recorder,

stipendiary magistrate or police magistrate, or the City Court

of Halifeix, to a penalty not exceeding one hundred dollars,

or in the discretion of the court or justices or magistrate, to

be imprisoned for any term not exceeding six months, with

or without hard labour.

Persons in ^' ^^ order to prevent a failure of justice in some cases, by

whose posses- reason of the difficulty of proving knowledge of the fact that

w?thmarifare stores bore such a mark as aforesaid, if any naval, military,

found, must ordnance, barrack, hospital or victualling stores, bearing any

thcy^obuined ®^^^ mark, are found in the possession of any person not

them law- being a dealer in marine stores, or a dealer in old metals, and

f«Hy- ixot being in Her Majesty's service, and such person, when

taken or summoned before two Justices of the Peace, recorder,

stii)endiary magistrate, or police magistrate, or the City Court

of Halifax, does not satisfy the justices, recorder, magistrate,

or the court, that he came by the stores so found lawfully,

he



Digitized by VjOOQIC



1869. Military and Naval Stores, Chap. 23 193

he shall be liable, on conviction, to a penalty not exceed-
ing twenty-live dollars ; and if any such person satisfies the
justices, recorder, stipendiary or police magistrate or court,
that he came by the stores so found lawfully, the justices,
recorder, magistrate or court, at their discretion, as the
evidence giA'en or the circumstances of the case require, may
summon before them every person through whose hands such
stores appear to have passed ; and if any person as last afore-
saicj, who has had possession thereof, does not satisfy the ponn-rpo^-
justices, recorder, stipendiary or police magistrate or court, Be.soimay be
that he came by the same lawfully, he shall be liable, on ^'-'^ '»^»i ''^•
conviction of having had possession thereof, to a penalty not And Vmhu to
exceeding twenty-fiA^e dollars, and in default of payment, to <^^'i^ic'^i'J'i-
imprisonment for any period not exceeding three months,
with or without hard labour.

O. For the purposes of this Act, stores shall be deemed to what shall bo
be in thepossessionorkeepingof any person, if he knowingly ge^sioa^^^*"
has them in the actual possession or keeping of any other
person, or in any house, building, lodging, apartment, field
or place, open or enclosed, whether occupied by himself or
not, and whether the same are so had for his own use or
benefit or for the use or benefit of another

10. It shall not be lawful for any person, without permission Unlawful to
in writing from the Admiralty, or from some person author- &c.^fo?s^tofes
ized by the Admiralty in that behalf, to creep, sweep, dredge witkin loo
or otherwise search for stores in the sea or any tidal or inland velstfu ^^^' ^^'
water, within one hundred yards from any vessel belonging wharres, &c.,
to Her Majesty or in Jler Majesty's service, or from any ^{^^^^ ^^^'
mooring place or anchoring place appropriated to such ves-
sels, or from any mooring belonging to Her Majesty, or from

any of Her Majesty's wharves or docks, victualling or steam
factory yards.

11. Whosoever contravenes the next preceding section P^^^n^ conj
shall be liable, on summary conviction before two Justices of sectk)n"habio
the Peace, or any recorder, stipendiary or Police Magistrate, tosummarj
or the City Court of Halifax, to a penalty not exceeding ^°^^^^^^^^^-
twenty-five dollars, or to be imprisoned for any term not
exceeding three months, with or without hard labour.

12. And it sludl not be competent for any person other ^^^ ^R^r
than the officer commanding the naval or military forces in ^u^tJ.^^^"*^'
Canada or some person acting under his authority, to institute

or carry on under this Act any prosecution or proceeding for
any ofience against it.

18. Nothing in this Act shall prevent any person from ^^*^i°^ \
being indicted imder this Act or otherwise, for any indictable piiyea^Ua-*
13 offence



Digitized by VjOOQIC



194



Chap. 26.



Military and Naval Stores.



32-33 ViCJT.



^ictment offence made punishable on summary conviction by this Act,

Sy o^erAct. ^^ prevent any person from being liable under any other Act or

otherwise, to ahy other or higher penalty or punishment than

is provided for any offence by this Act, so that no person b«

punished twice for the same offence.



Term "stores"
defined.



14. The term "Stores"^ shall include any single store or
article.



Proof under
this Act.



15. In all prosecutions under this Act, proof that any
soldier, seaman or marine was actually doing duty in Her
Majesty's service shall be primd facie evidence that his enlist-
ment, entry or enrolment has been regular.,



16. Persons convicted or sentenced to imprisonment under



ImDriBOnment

STcertLin'^^* this Act, before the City Court of Halifax, may, in the discre-
^Bei. tion of the Court, be imprisoned in the city prison with hard

labour, instead of the county gaol.



Commeiioe-
onont of Aet.



J.7. This Act shall commence and take effect upon, from
and after the first day of July, one thousand eight hundred
and sixty-nine.



SCHEDULE.

Marks appropriated for Her Mafe$tt/s me in or on Naval,
Military, Ordnance, Barrack, Hospital and Victualling ^stores.



STORES.



Hempen Cordagt and Wire
Eope.



Canvas, Fearnought Ham-
mocks.'and Seamen's Bags.
Bunting.
Candles.



Timber, metal, and other stores
not before enumerated.



MARKS.

White, black, or coloured
worsted threads laid up with
the yarns and the wire, re-
spectively.

A blue line in a serpentine
form.

A double tape in the warp.

Blue or red cotton threads in
each wick, or wicks of red
cotton.

The broad arrow, with or with-
out the letters W.D.



CHAP.



Digitized by VjOOQIC



1869. Cruelty to Animalsf Chap 27 195

C H A P. 2 7.

An Act respecting Cruelty to Animals.

[Assented to 22nd June, 1869.]

WrHEREAS it is expedient that provision should be made, Preamble,
extending to all Canada, for the punishment of cruelty
to animals : Therefore, Her Majesty, by and with the advice
and consent of the Senate|and House of Commons of Canada,
enacts as follows: —

1. Whosoever wantonly, cruelly, or unnecessarily beats, Cruelty to
l>inds, illtreats, abuses or tortures any horse, mare, gelding, p^^alle?^
bull, ox, cow, heifer, steer, calf, mule, ass, sheep, lamb, pig or

other cattle, or any poultry, or any dog, or domestic animal •
or bird, or whosoever driving any cattle or other animal, is,
by negligence or iU-usage in the driving thereof, the mc«iis
whereby any mischief, damage or injury is done by any such
cattle or other animal, shall upon being convicted of any or
either of the said offences before any one Justice of the Peace
for the district, county or place in which the oflfenoe has been
committed, for every such offence, forfeit and pay (over and
above the amount of the damage or injury, if any, done
thereby, which damage or injury shall and may be ascortain-
^ and awarded by such justice), such a sum of money not
exceeding ten dollars, nor less than one dollar, with costs, as
to such justice seems meet.

2. The offender shall in default of payment be committed imprison-
to the common gaol or other place of confinement, for the Suit ^w-
district, county, or place in which the offence was comsait- ment of fin«.
ted, there to be imprisoned for any time not exceeding thirty

days.

9. Nothing in this act contained shall prevent or abridge Cirii rema^
any remedy by action against the oflfender or his empleyw notaftcted.
where tl>e amount of the damage is not sought to be recover-
ed by virtue of this Act.

4. When any offence against this Act is committed, any Apprehensioa
constable or other peace officer, or the owner of any such cat- ofoffenders
tie, animal or pordtry, upon view thereof, or upon the in- ^qC^ ^'
formation of any other person (who shall declare his or their
name or names and place or places of abode to th^ said con-
stable or other peace officer) may seize and secure by the
authority of this Act, and forthwith, and without any other
authority or warrant, may convey any such offender before a
Justice of the Peace within whose jurisdiction the offence
ias been committed, to be dealt with according to law.

5.



Digitized by VjOOQIC



196



Chap. 21.



Cruelty to Animals.



32-33 Vict.



In case oflTend-
or refuses to
state his
name, kc.



5. U any person apprehended for having committed any
offence against this Act refuses to discover his name and place
of abode to the Justice of the Peace before whom he is brought,
such person shall be immediately delivered over to a constable
or other peace ofl&cer, and shall by him be conveyed to the
common gaol or place of confinement for the district, county
or place within which the offence has been committed, or in
which the offender has been apprehended, there to remain
for any term not exceeding one month, or until he makes
known his name and place of abode to the said justice.



Limitation of
prosecations.



6. The prosecution of every offence punishable under this
Act must be commenced within three months next after the
commission of the offence, and not otherwise.



Act respect- 7. Every offence against any of the sections of this Act is a
•oDTictioiw ^ misdemeanor, and may be punished as such or may be prose-
to appij. cuted in the manner directed by the " Act respecting the duties
of Justices of the Peace, out of SessionSj in relation to summary
convictions and orders,^' so far as no provision is hereby made
for any matter or thing which may be required to be done
with respect to such prosecuction ; and all the provisions
contained in the said Act shall be applicable to such prosecu-
tions, in the same manner as if they were incorporated in
this Act.



Application
•f penalties.



8. All pecuniary penalties recovered before any Justice of
the Peace under this Act, shall be divided, paid and distribut-
ed in the following manner, that is to say : one moiety thereof
to the corporation of the city, town, village, township, parish
or place in which the offence was committed, and the other
moiety, with full costs, to the person who informed and
prosecuted for the same, or to such other i)crson as to such
justice seems proper.



Alto

amounts paid
M damages.



9. Every sum of money ascertained and awarded, adjudge
ed by any Justice of the Peace under this Act to bi^paid as
the amount of any damage or injuiy occasioned by the com*
mission of any of the offences hereinbefore mentioned, shall
be paid to the person who has sustained such damage or
injury.



Interpreta-
tion.



10. Where the word "cattle" is used in this act it shall
have the meaning assigned to it in the Act respecting larceny
and other similar offences.



Commence-
ment of Act.



11. This Act shall commence and take effect upon, from
and after the first day of January, one thousand eight hun-
dred and seventy.

CHAF



Digitized by



Google



1869. Vagrants. Chap. 28. 197

CHAP. 28.

An Act respecting Vagrants.

[Assented to 22nd Jun€,]lS69.]

HER Majesty, by and with the advice and consent of the Preamble.
Senate and House of Commons of Canada, enacts as
follows : —

1. All idle persons who, not having visible means of main- who shall \m
taining themselves, live without employment, — all persons ^®®™^^ ^*"
who, being able to work and thereby or by other means to ^^^^
maintain themselves and families, wilfully refuse or neglect
to do so, — all persons openly exposing or exhibiting in any
street, road, public place or highway any indecent exhibition,
or openly or indecently exposing their persons, — all i)ersons
who, without a certificate signed, within six months, by a
priest, clergyman or minister of the gospel, or two Justices
of the Peace, residing in the municipality where the alms are
being asked, that he or she is a deserving object of charity,
wander about and beg, or who go about from door to door,
or place themselves in the streets, highways, passages or
public places to beg or receive alms, all persons loitering in
the streets or highways and obstructing passengers by stand-
ing across the footpaths or by using insulting language or in
any other way, or tearing down or defacing signs, breaking
windows, breaking doors or door-plates, or the walls of
houses, roads or gardens, destroying fences, causing a dis-
turbance in the streets or highways by screaming, swearing
^r singing, or being drunk, or impeding or incommoding
peaceable passengers, — all common prostitutes, or night
walkers wandering in the fields, public streets or highways,
lanes or places of public meeting or gathering of people, not

giving a satisfactory account of themselves, — all keepers of
awdy-houses and nouses of ill-fame, or houses for the resort
of prostitutes, and persons in the habit of frequenting such
houses, not giving a satisfactory account of themselves, — all
persons who have no peaceable profession or calling to main-
tain themselves by, but who do for the most part support
themselves by gaming or crime or by the avails of prosti-
tution, — shall be deemed vagrants, loose, idle or disorderly
persons within the meaning of this Act, and shall upon con- Ponighment



Online LibraryCanadaActs of the Parliament of the dominion of Canada relating to criminal law ... → online text (page 24 of 51)