2ND EDIT. REVISED STATUTES 1906 REMARKS Sec. 541. (f) two hundred and ninety-nine, rape; three hundred, attempt to commit rape; or, (g) three hundred and seventeen to three hundred and thirty-four, defamatory libel; or, (h) four hundred and ninety-eight, combination in restraint of trade; or, (i) conspiring or attempting to commit, or being accessory after the fact to any of the offences in this section before mentioned; or, (j) any indictment for bribery or undue influence, personation or other corrupt practice under the Dominion Elections Altered, as here set forth. Officials with powers of two justices. Omitted here. (7) Act. SPECIAL JURISDICTION. Sec. 553. Sec. 584. Magisterial Jurisdiction over offences committed on water, etc., between two jurisdictions, or on or near the boundary of two jurisdictions, or in course of a journey, etc. Meaning unchanged. The offence of fraudulent conversion of the proceeds of a valuable security, mentioned in sec. 308 (now sec. 355) of the Code, consists of a continuity of acts the reception of the valuable security, the collection of the proceeds, the conversion of the proceeds, and lastly, the failure to account for the proceeds; and where the beginning of the operation is in one district and the continuation and completion are in another district, the accused may be arrested and proceeded against in either district. (8) Sec. 555. Sec. 585. Offences in unorganized tracts in Ontario.— All offences committed in any of the unorganized tracts of country in the province of Ontario, including lakes, rivers and other waters therein, not embraced within the limits of any organized county, or within any provisional judicial district, may be laid and charged to have been committed and may be inquired of, tried and punished within (7) Made into sec. 604, post. (8) R. v. Hogle, 5 Can. Cr. Cas., 53. 2ND EDIT. REVISED STATUTES 1906 REMARKS any county of such province; and such offences shall be within the jurisdiction of any court having jurisdiction over offences of the like nature committed within the limits of such county, before which court such offences may be prosecuted; and such court shall proceed therein to trial, judgment and execution or other punishment for such offence, in the same manner as if such offence had been committed within the county where such trial is had. 2. Where any provisional judicial district or new county is formed and established in any of such unorganized tracts, all offences committed within the limits of such provisional judicial district or new county, shall be inquired of, tried and punished within. the same, in like manner as such offences would have been inquired of, tried and punished if this section had not been passed. 3. Any person accused or convicted of any offence in any such provisional district may be committed to any common gaol in the province of Ontario. Unchanged. (9) Sec. 586. Offences committed north of Ontario and Quebec. All offences committed in any part of Canada, not in a province duly constituted as such and not in the Yukon Territory, may be inquired of and tried within. any district, county or place in any province so constituted or in the Yukon Territory, as may be most convenient. 2. Such offences shall be within the jurisdiction of any court having jurisdiction over offences of the like nature committed within the limits of such district, county or place. 3. Such court shall proceed therein to trial, judgment and execution or other punishment for any such offence in the same manner as if such offence had been committed within the district, county or place where such trial is had. (9) Except that the greater part of par. 3 of the old sec. 555 is here omitted and made into sec. 36 of the Prisons and Reformatories Act (R. S., 1906, c. 148). 2ND EDIT. REVISED STATUTES 1906 REMARKS Added. (Since amended by the Criminal The several courts of criminal jurisdiction in the provinces aforesaid, and in the Yukon Territory, including justices, shall have the same powers, jurisdiction and authority in case of such offences, as they espectively have with reference to offences within their ordinary jurisdiction as provincial or territorial courts. Added. (Since amended by the Criminal Sec. 556. Sec. 588. Offences committed in the district of Gaspé. PART XII. Unchanged. SPECIAL PROCEDURE AND POWERS.-OFFENCES REQUIRING STATUTE. Sec. 589. Offences against Imperial Statutes. No person shall be proceeded against for any offence against any Act of the Parliament of England, of Great Britain, or of the United Kingdom of Great Britain and Ireland, unless such Act is, by the express terms thereof, or of some other Act of such Parliament, made applicable to Canada or some portion thereof as part of His Majesty's dominions or possessions. Section 5 of old Code. Sec. 590. Prosecution for Trade Conspiracy.-No proprosecution shall be maintainable against any person for conspiracy in refusing to work with or for any employer or workman, or for doing any act or causing any act to be done for the purpose of a trade combination, unless such act is an offence punishable by statute. Section 518 of old Code. CASES REQUIRING OFFICIAL CONSENT. Sec. 542. Sec. 591. Offences within the jurisdiction of the Ad miralty and requiring for their prosecution the consent of the Governor-General. Unchanged. 2ND EDIT. REVISED STATUTES 1906 REMARKS A charge against a seaman, not a British subject, on a British ship, for inciting a revolt upon the ship while on the high seas cannot, if taken under section 128 of the old Code (now section 138 of the new Code) be made without the consent of the Governor-General obtained prior to the laying of the information. (10) Sec. 543. Sec. 592. Consent of Attorney General required in prosecutions for disclosing official secrets, or Sec. 544. Sec. 593. for Judicial Corruption, Sec. 545. or Sec. 594. for making explosives. (11) Consent of Minister of Marine and Fisheries Sec. 547. Sec. 596. Consent of Attorney General required in prosecutions for criminal breach of trust, or Sec. 548. Sec. 597. for concealing deeds or encumbrances or falsifying pedigrees, or Sec. 549. Sec. 598. for uttering defaced coin. (11) PROVISIONS AS TO ONTARIO AND NOVA SCOTIA. Sec. 754. Sec. 599. Practice in the High Court of Justice in Unchanged. Ontario. Sec. 755. Sec. 600. Commission of Court of Assize, etc., in OnUnchanged. tario. Sec. 756. Sec. 601. Gaol Delivery by Court of General Sessions in Ontario. Unchanged. Sec. 760. Sec. 602. Calendar of Criminal Cases in Nova Scotia. Sec. 761. Sec. 603. Sentences in Nova Scotia. Unchanged. The omission to send to a Grand Jury the depositions taken on the preliminary enquiry, as required in Nova Scotia, under this section, will not invalidate an indictment found without such depositions. (12) POWERS OF CERTAIN OFFICIALS. Sec. 541. Sec. 604. Officials exercising the powers of two justices. The Judge of the Sessions of the Peace for the City of Quebec, the Judge of (10) R. v. Heckman, 5 Can. Cr. Cas., 242. (11) Meanings unchanged. (12) R. v. Turpin, 8 Can. Cr. Cas., 59. 2ND EDIT. REVISED STATUTES 1906 REMARKS the Sessions of the Peace for the City of Montreal, and every recorder, police magistrate, district magistrate or stipendiary magistrate appointed for any territorial division, and every magistrate authorized by the law of the province in which he acts to perform acts usually required to be done by two or more justices, may do alone whatever is authorized by this Act to be done by any two or more justices. Meaning unchanged. In the dis Sec. 557a. Sec. 605. Clerk of the Peace in Montreal. trict of Montreal the Clerk of the Peace or Deputy Clerk of the Peace shall have all the powers of a justice under Parts XIII and XIV, and under sections six hundred and twenty-nine to six hundred and forty-three inclusive. Slightly altered, as here set forth. Sec. 606. Jurisdiction as to prize fights. Every judge of a Superior Court or of a county court, judge of the sessions of the peace, stipendiary magistrate, police magistrate, and commissioner of police of Canada, shall, within the limits of his jurisdiction as such judge, magistrate or commissioner, have all the powers of a justice with respect to offences against provisions of this Act as to prize fights. Added. (13) Sec. 908. Sec. 607. Preserving order in court.. Every judge of the sessions of the peace, chairman of the court of general sessions of the peace, police magistrate, district magistrate or stipendiary magistrate shall have such and the like powers and authority to preserve order in courts held by them during the holding thereof, and by the like ways and means as now by law are or may be exercised and used in like cases and for the like purposes by any Court in Canada or by the judges thereof, during the sittings thereof. Slightly altered, as here set forth. There is no doubt that any judicial officer, (including a justice of the peace), when trying a case or performing other judicial (13) Taken from R. S. C., 1886, c. 153, forming part of the Appendix to the old Criminal Code. |