2ND EDIT. REVISED STATUTES 1906 REMARKS used for the purpose of carrying on a lottery, or for the sale of lottery tickets, or for the purpose of conducting or carrying on any scheme, contrivance or operation for the purpose of determining the winners in any lottery contrary to the provisions of section. two hundred and thirty-six, whether admission thereto is limited to those possessed of entrance keys or otherwise, such commissioner, mayor, chief magistrate, police, stipendiary or district magistrate or justice may, by order in writing, authorize the chief constable, deputy chief constable, or other officer as aforesaid, to enter any such house, room or place, with such constables as are deemed requisite by him, and if necessary to use force for the purpose of effecting such entry, whether by breaking open doors or otherwise, and to take into custody all persons who are found therein, and to seize, as the case may be, all tables and instruments of gaming or betting, and all moneys and securities for money, and all instruments or devices for the carrying on of such lottery, or of such scheme, contrivance or operation, and all lottery tickets, found in such house or premises, and to bring the same before the person issuing such order or any justice, to be by him dealt with according to law. 2. The chief constable, deputy chief constable or other officer making such entry, in obedience to any such order, may, with the assistance of one or more constables, search all parts of the house, room or place which he has so entered, where he suspects that tables or instruments of gaming or betting, or any instruments or devices for the carrying on of such lottery or of such scheme, contrivance or operation, or any lottery tickets, are concealed, and all persons whom he finds in such house or premises, and seize all tables. and instruments of gaming or betting, or any such instruments or devices or lottery tickets as aforesaid, which he so finds. 3. The person issuing such order or the 2ND EDIT. REVISED STATUTES 1906 REMARKS justice before whom any person is taken by virtue of an order under this section, may direct any cards, dice, balls, counters, tables or other instruments of gaming or used in playing any game, or of betting, or any such instruments or devices for the carrying on of a lottery, or for the conducting or carrying on of any such scheme, contrivance or operation, or any such lottery tickets, so seized as aforesaid, to be forthwith destroyed, and any money or securities so seized shall be forfeited to the Crown for the public uses of Canada. Slightly altered, as here set forth. 'Chief Constable' defined. Omitted here. (39) 'Deputy Chief Constable' defined. Omitted here. (40) Sec. 642. Magistrate may require any person appre- (39) Transferred to subsection (6) of sec. 2, p. 1, ante. 2ND EDIT. REVISED STATUTES 1906 REMARKS as a witness, who, upon such examination, makes true disclosure, to the best of his knowledge, of all things as to which he is examined shall receive from the judge, justice, magistrate, examiner or other judicial officer before whom such proceeding is had, a certificate in writing to that effect, and shall be freed from 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 action, indictment or proceedings pending or brought in any court 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. Added. (41) Sec. 573. Sec. 643. Warrant to search for vagrants, in disorder ly houses, etc. Unchanged. (42) TRIALS UNDER SPECIAL PROVISIONS. Sec. 550. Sec. 644. Juveniles not to be tried publicly. Paragraph 1 (Unchanged), of the old sec. 550. The second paragraph or subsection 2 of section 550 of the old Code related to the imprisonment of young persons under sixteen and the keeping of them in custody separate from older persons. It is omitted from the new Code, and made into section 28 of the Prisons and Reformatories Act (R. S., 1906, c. 148). The provisions of various Acts relating to Reformatories, Children's Homes, Industrial Schools, Houses of Refuge, etc., (includ(41) Taken from sections 9 and 10 of the R. S. C., 1886, c. 158. (42) Except that, in the body of the section, the reference to Part XV of the old Criminal Code, is altered to a reference to Part V of the new Act. 2ND EDIT REVISED STATUTES 1906 REMARKS ing those mentioned at pages 644-646 of the Author's second edition of the Criminal Code), are now embodied in the Prisons and Reformatories Act (R. S., 1906, c. 148). Sec. 550a. Sec. 645. Exclusion of the public from place of trial in certain cases. 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 the court or judge or justice may be of opinion that the same will be in the interest of public morals. 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. 2ND EDIT REVISED STATUTES 1906 REMARKS Sections 202 to 206, ante, relate to abominable offences, incest and acts of indecency. Sections 211 to 220, ante, relate to seduction and defilement of women and girls. Section 228, ante, relates, (among other things) to bawdy houses. Section 238, (i), (j), (k), ante, relate to prostitutes and to inmates and frequenters of bawdy houses. Sections 292 and 293, ante, relate to indecent assaults. Section 299, ante, relates to rape. Sections 301 and 302 relate to Defilement of children. Sections 303 to 306 relate to Abortion. And sections 313 and 314 relate to Abduction. Sec. 551. Limitations of time for commencing certain prosecutions. Made into sec. 1140, post. PART XIII. COMPELLING APPEARANCE OF ACCUSED BEFORE JUSTICES. Arrest without Warrant. Sec. 552. Sec. 646. Arrest without warrant by any person in certain cases. Any person may arrest with out warrant any one who is found committ- (c) one hundred and twenty-nine, adminis- (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 imprison |