touching any act done for the purpose of preventing, obstructing or delaying the entry into such house, room or place, or any part thereof, of any constable or officer authorized to make such entry; and any such person so required to be examined as a witness who refuses to make oath accordingly, or to answer any question, shall be subject to be dealt with in all respects as Punishment any person appearing as a witness before any justice or court of persons in obedience to a summons or subpoena and refusing without refusing lawful cause or excuse to be sworn or to give evidence, may, by evidence. law, be dealt with. to give ery to be on certifi 2. Every person so required to be examined as a witness, Persons who, upon such examination, makes true disclosure, to the making a best of his knowledge, of all things as to which he is examined full discov shall receive from the judge, justice, magistrate, examiner or free from other judicial officer before whom such proceeding is had, a all penalties, certificate in writing to that effect, and shall be freed from cate. all criminal prosecutions and penal actions, and from all penalties, forfeitures and punishments to which he has become liable for anything done before that time in respect of any act of gaming regarding which he has been so examined, if such certificate states that such witness made a true disclosure in respect to all things as to which he was examined; and any ac- Action tion, indictment or proceedings pending or brought in any court stayed on certificate. against such witness in respect of any act of gaming regarding which he was so examined, shall be stayed, upon the production and proof of such certificate, and upon summary application to the court in which such action, indictment or proceeding is pending, or any judge thereof, or any judge of any of the superior courts of any province. R.S., c. 158, ss. 9 and 10. 643. Any stipendiary or police magistrate, mayor or war- Search warden, or any two justices, upon information before them made, rant for vagrant that any person described in Part V. as a loose, idle or disor- concealed. derly person, or vagrant, is or is reasonably suspected to be harboured or concealed in any disorderly house, bawdy-house, house of ill-fame, tavern or boarding-house, may, by warrant, authorize any constable or other person to enter at any time such house or tavern, and to apprehend and bring before them or any other justices, every person found therein so suspected as aforesaid. 55-56 V., c. 29, s. 576. See Code secs. 238 and 239. Trial of juveniles. Trials may be held in private in certain cases. Orders for Trials under Special Provisions. 644. The trials of young persons apparently under the age of sixteen years, shall take place without publicity and separately and apart from the trials of other accused persons, and at suitable times to be designated and appointed for that purpose. 57-58 V., c. 58, s. 1. Trial of juvenile offenders.]-See secs. 800-821. Separation of juvenile offenders from other prisoners.]—See the Prisons and Reformatories Act, R.S.C., ch. 148, sec. 28. 645. At the trial of any person charged with an offence under any of the following sections, that is to say:-Two hundred and two, two hundred and three, two hundred and four, two hundred and five, two hundred and six, two hundred and eleven, two hundred and twelve, two hundred and thirteen, two hundred and fourteen, two hundred and fifteen, two hundred and sixteen, two hundred and seventeen, two hundred and eighteen, two hundred and nineteen, two hundred and twenty, two hundred and twenty-eight in so far as it relates to common bawdy-houses, two hundred and thirty-nine in so far as it relates to paragraphs (i), (j) or (k) of section two hundred and thirty-eight, two hundred and ninety-two, two hundred and ninety-three, two hundred and ninety-nine, three hundred, three hundred and one, three hundred and two, three hundred and three, three hundred and four, three hundred and five, three hundred and six, three hundred and thirteen and three hundred and fourteen, or with conspiracy or attempt to commit, or being an accessory after the fact to any such offence, the court or judge or justice may order that the public be excluded from the room or place in which the court is held during such trial. 2. Such order may be made in any other case also in which exclusion of the court or judge or justice may be of opinion that the same public. will be in the interests of public morals. Saving. 3. Nothing in this section shall be construed by implication or otherwise as limiting any power heretofore possessed at common law by the presiding judge or other presiding officer of any court of excluding the general public from the court-room in any case when such judge or officer deems such exclusion necessary or expedient. 63-64 V., c. 46, s. 3. Excluding public from certain trials.]-The following are the subjects dealt with by the sections above referred to:- Sec. 202, Unnatural offence; 203, Attempt to commit sodomy; 204, Incest; 205, Indecent acts; 206, Acts of gross indecency; 211, Seduction of girls under 16; 212, Seduction under promise of marriage; 213, Seduction of ward, servant, etc.; 214, Seduction of passengers on vessels; 215 and 216, Procuring; 217, Permitting defilement on premises; 218, Conspiracy to defile; 219, Carnally knowing idiots, etc.; 220, Prostitution of Indian women; 228, As to keeping bawdyhouse; 238, (i), (j) and (k), Being common prostitute; keeping house of ill-fame; frequenting such house; 292, Indecent assault on females; 293, Indecent assault on males; 299, Rape; 300, Attempt to commit rape; 301, Defiling children under 14; 302, Attempting to defile child; 303, Procuring abortion; 304, Woman procuring her own miscarriage; 305, Supplying noxious drugs, etc.; 306, Killing unborn child; 313, Abduction of woman; 314, Abduction of heiress. Excluding public from preliminary investigation.]—By Code sec. 679 (d) a justice holding a preliminary enquiry may order that no person other than the prosecutor and accused, their counsel and solicitors, shall have access to or remain in the room or building in which the enquiry is held, if it appears to him that the ends of justice will be best answered by so doing. son in cer tain cases. PART XIII. COMPELLING APPEARANCE OF ACCUSED BEFORE JUSTICES. Arrest without Warrant. 646. Any person may arrest without warrant any one who is By any per- found committing any of the offences mentioned in sections,— (a) seventy-four, treason; seventy-six, accessories after the fact to treason; seventy-seven, seventy-eight, and seventynine, treasonable offences; eighty, assaults on the King; eighty-one, inciting to mutiny; (b) ninety-two, offences respecting the reading of the Riot Act; ninety-six, riotous destruction of property; ninetyseven, riotous damage to property; (c) one hundred and twenty-nine, administering, taking or procuring the taking of oaths to commit certain crimes; one hundred and thirty, administering, taking or procuring the taking of other unlawful oaths; (d) one hundred and thirty-seven, piracy; one hundred and thirty-eight, piratical acts; one hundred and thirty-nine, piracy with violence; (e) one hundred and eighty-five, being at large while under sentence of imprisonment; one hundred and eighty-seven, breaking prison; one hundred and eighty-nine, escape from custody or from prison; one hundred and ninety, escape from lawful custody; (f) two hundred and two, unnatural offence; (g) two hundred and sixty-three, murder; two hundred and two, intentionally endangering persons on railways; two hundred and eighty-three, wantonly endangering persons on railways; two hundred and eighty-six, preventing escape from wreck; (i) two hundred and ninety-nine, rape; three hundred, attempt to commit rape; three hundred and one, defiling children under fourteen; (j) three hundred and thirteen, abduction of a woman; (k) three hundred and fifty-eight, theft by agents and others; three hundred and fifty-nine, theft by clerks, servants and others; three hundred and sixty, theft by tenants and lodgers; three hundred and sixty-one, theft of testamentary instruments; three hundred and sixty-two, theft of documents of title; three hundred and sixty-three, theft of judicial or official documents; three hundred and sixtyfour, three hundred and sixty-five and three hundred and sixty-six, theft of postal matter; three hundred and sixtyseven, theft of election documents; three hundred and sixty-eight, theft of railway tickets: three hundred and sixty-nine, theft of cattle: three hundred and seventy-one, theft of oysters; three hundred and seventy-two, theft of things fixed to buildings or land; three hundred and seventynine, stealing from the person; three hundred and eighty, stealing in dwelling-houses; three hundred and eightyone, stealing by picklocks, etc.; three hundred and eightytwo, stealing from ships, docks, wharfs or quays; three hundred and eighty-three, stealing wreck; three hundred and eighty-four, stealing on railways: three hundred and eighty-eight, stealing in manufactories; three hundred and ninety-one, public servant refusing to deliver up chattels, money valuables, security, books, papers, accounts or documents; three hundred and ninety-eight, bringing stolen property into Canada; (1) three hundred and ninety-nine, receiving property obtained by crime; (m) four hundred and ten, personation of certain persons; (n) four hundred and forty-six, aggravated robbery; four hundred and forty-seven, robbery; four hundred and fortyeight, assault with intent to rob; four hundred and fortynine, stopping the mail: four hundred and fifty, compelling execution of documents by force; four hundred and fifty-one, sending letter demanding with menaces; four |