CHAP. 26. Preamble. Effect of s. 28 of 32-33 V., c. 29 restricted in certain cases. Further restrictions. The said sections and this Act to apply to nuisance. Evidence as to former An Act respecting Procedure and Evidence in Criminal Cases. [Assented to 28th April, 1877.] HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The provisions of section twenty-eight of the Act passed in the session held in the thirty-second and thirtythird years of Her Majesty's reign, intituled "An Act respecting Procedure in Criminal Cases, and other matters relating to Criminal Law," shall not extend or be applicable to prevent the presentment to or finding by a Grand Jury of any bill of indictment, containing a count or counts for any of the offences mentioned in the said twentyeighth section, if such count or counts be such as may now be lawfully joined with the rest of such bill of indictment, and if the same count or counts be founded (in the opinion of the court in or before which the said bill of indictment is preferred) upon the facts or evidence disclosed in any examination or deposition taken before a Justice of the Peace, in the presence of the person accused or proposed to be accused by such bill of indictment, and transmitted or delivered to such court in due course of law; and nothing in the said section shall extend or be applicable to prevent the presentment to or finding by a Grand Jury of any bill of indictment, if such bill be presented to the Grand Jury with the consent of the court in or before which the same may be preferred. 2. All the provisions of the twenty-eighth section of the above recited Act, and of this Act, shall extend and be applicable to the offences of nuisance, and of forcible entry or detainer, and the said section shall henceforth be read as if the said offences had been included therein. 3. Where proceedings are taken against any person for Possession of having received goods, knowing them to be stolen, or other stolen for having in his possession stolen property, evidence may goods. be given, at any stage of the proceedings, that there was found in the possession of such person, other property stolen within the preceding period of twelve months, and such evidence may be taken into consideration for the purpose of proving that such person knew the property to be stolen which forms the subject of the proceedings taken against him: Provided that not less than three days' notice in writing shall have been given to the person accused that proof Proviso: Notice must have been accused. is intended to be given of such other property, stolen given to the within the preceding period of twelve months, having been found in his possession; and such notice shall specify the nature or description of such other property, and the person from whom the same was stolen. 4. Where proceedings are taken against any person for Evidence as having received goods, knowing them to be stolen, or for conviction for to previous having in his possession stolen property, and evidence has fraud or been given that the stolen property has been found in his dishonesty. possession,---then if such person has, within five years immediately preceding, been convicted of any offence involving fraud or dishonesty, evidence of such previous conviction may be given at any stage of the proceedings, and may be taken into consideration for the purpose of proving that the person accused knew the property which was proved to be in his possession to have been stolen; Provided that not Proviso: less than three days' notice in writing shall have been given accused. to the person accused that proof is intended to be given of such previous conviction; and it shall not be necessary for Indictment the purposes of this section to charge in the indictment the charge preprevious conviction of the person so accused. Notice to need not vious conviction. 5. The sixty-fourth section of the said Act is hereby Section 64 amended by adding the following words : amended. Provided that for the purposes of this section a deposi- Proviso: tion of the witness purporting to have been taken before Proof of deposition of a justice or justices on the investigation of the charge, witnesses. and to be signed by the witness and the justice or justices, returned to and produced from the custody of the proper officer, shall be prima facie presumed to have been signed by the witness." แ amended as to 6. The ninety-fifth section of the said Act is hereby Section 95 amended by adding thereto the words following: "And whipping. wherever practicable every whipping shall take place not "less than ten days before the expiration of any term of 66 imprisonment to which the offender is sentenced for the "offence." 7. The one hundredth and first section of the said Act is Section 101 hereby amended by inserting after the word "Act," in the amended. second line, the words: "whether before or after the first day of July, eighteen hundred and sixty-seven." CHAP. Preamble 39 V. c. 23 repealed. Part of s. 1 of 33 V. c. 27 repealed. Section 65 of CHAP. 27. An Act to amend the law respecting appeals from convictions before, or orders by Justices of the Peace. [Assented to 28th April, 1877.] WHEREAS it is expedient to amend the law with reference appeals from convictions before, and orders by Justices of the Peace: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The Act thirty-ninth Victoria, chapter twenty-three, intituled "An Act to supply an omission in the Act thirtyseven Victoria, chapter forty-two, extending certain Criminal Laws of Canada to British Columbia," is hereby repealed. 2. So much of the first section of the Act thirty-third Victoria, chapter twenty-seven, intituled "An Act to amend the Act respecting the duties of Justices of the Peace out of Sessions in relation to summary convictions and orders," as precedes the first sub-section of the section thereby substituted is hereby repealed and the following substituted therefor :-- "1. Section sixty-five of the said Act is hereby repealed 32, 33, V. c. 31 and the following section substituted :-- repealed. Unless other the several Provinces. "65. Unless it be otherwise provided in any special Act wise provided under which a conviction takes place or an order is made by such appeals to be to cer- a Justice or Justices of the Peace, or unless some other court tain Courts in of appeal having jurisdiction in the premises is provided by an Act of the Legislature of the Province within which such conviction takes place or such order is made, any person who thinks himself aggrieved by any such conviction or order, may appeal, in the Province of Quebec to the Court of Queen's Bench, Crown side; in the Province of Ontario, to the Court of General or Quarter Sessions of the Peace; in the Province of Nova Scotia, to the County Court Court of of the district where the cause of the information or complaint arose; in the Province of New Brunswick, to the County Court of the district where the cause of the information or complaint arose; in the Province of Manitoba, to the County Court of the county where the cause of the information or complaint arose; and in the Province of British Columbia, to the County or District Court, at the sitting thereof, which shall be held nearest to the place where the cause of the Unless information or complaint arose. In case some other court bo provided. of appeal he provided in any Province as aforesaid the another Conrt appeal 1877. Appeal from Justices of the Peace, &c. Chaps. 27, 28 appeal shall be to such Court. Every right of appeal shall, unless it be otherwise provided in any special Act, be subject to the conditions following:" 109 the Peace," 3. Whenever, in the Act thirty-second and thirty-third "Clerk of Victoria, chapter thirty-one, intituled "An Act respecting the whom to' induties of Justices of the Peace out of sessions in relation to clude in 32, summary convictions and orders," any duty in relation to an 33, V. c. 31. appeal is imposed on any officer by the term "Clerk of the Peace," the said term shall include the proper officer of the court having jurisdiction in appeal under the said Act and the Acts amending the same, including this Act. CHAP. 28. An Act to amend the Act respecting Offences against the Person. WE [Assented to 28th April, 1877.] THEREAS it is expedient to amend the Criminal Law Preamble. relating to Offences against the Person; Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:-- pealed. 1. The tenth section of the Act passed in the session held s. 10 of 32-33 in the thirty-second and thirty-third years of Her Majesty's V. c. 20 rereign, chapter twenty, intituled "An Act respecting Offences against the Person," is hereby repealed, and the following is substituted therefor : Administer with murder. "10. Whosoever administers, or causes to be adminis- New section tered, or to be taken by any person, any poison or other substituted: destructive thing, or by any means whatsoever, wounds or ing poison or causes any grievous bodily harm to any person, with intent, wounding in any of the cases aforesaid, to commit murder, is guilty of mur intent to felony, and shall be liable to be imprisoned in the Penitentiary for life, or for any term not less than two years; or to Punishment. be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour and with or without solitary confinement." 2. The fifty-first section of the said Act is hereby S.51 repealed. repealed, and the following is substituted therefor: "51. Whosoever unlawfully and carnally knows and Carnally abuses any girl under the age of ten years, is guilty of felony, under ten knowing girl and shall be liable to be imprisoned in the Penitentiary for years of age. life or for any term not less than five years." CHAP. Punishment. Preamble. CHAP. 29. An Act to amend the Act respecting Larceny and other similar offences. FOR [Assented to 28th April, 1877.] OR remedying an omission in the Act passed in the session held in the thirty-second and thirty-third years 32-33 V., c. 21. of Her Majesty's reign, intituled "An Act respecting Larceny and other similar offences," Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Word 1. The first section of the said Act is hereby amended by "cattle" how inserting in the clause defining the term "cattle," the word "sheep" after the word "swine." construed. And in 32-33 Sec. 4 of 32-33 V., c. 21 amended. 2. The word "cattle," wherever used in the Act passed in the said session, intituled "An Act respecting Malicious Injuries to Property," shall have the meaning assigned to it in the said "Act respecting Larceny and other similar offences," as amended by this Act. 3. The fourth section of the said first cited Act is amended by striking out the word "three" and substituting the word "seven." Preamble. Persons carrying pistol or air gun without cause may be bound to keep the peace. CHAP. 30. An Act to make provision against the improper use of Firearms. [Assented to 28th April, 1877.] HEREAS it is expedient to make provision against the improper use of Firearms; Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. Whosoever has upon his person a pistol or air gun without reasonable cause to fear an assault or other injury to his person or his family or property, may, upon complaint made before any Justice of the Peace, be required to find sureties for keeping the peace for a term not exceeding six months; and in default of finding such sureties may be imprisoned in any gaol or place of confinement for a term not exceeding thirty days. |