2ND EDIT. REVISED STATUTES 1906 REMARKS Sec. 906. Sec. 1138. lowed such fee as is fixed by competent authority. 3. Such Clerk of the Peace or other officer of each district or county, within twenty days after the end of each General or Quarter Sessions of the Peace, or the sitting of such Court as aforesaid, shall transmit to the Minister of Finance a true copy of all such returns made within his district or county. Slightly altered. Mistake not to vitiate return. Unchanged. Returns under Part XVII. Every clerk of the peace or other proper officer shall transmit to the Minister of Agriculture a quarterly return of the names of offenders, the offences and punishments mentioned in convictions transmitted to him under Part XVII. Slightly altered in the wording. PART XXIV. LIMITATIONS. Prosecutions for Crimes. Sec. 551. Sec. 1140. Limitations of time for commencing certain - prosecutions. No prosecution for an of- (i) treason, except treason by killing (ii) treasonable offences seventy-eight, section (iii) any offence against Part VII. relating to the fraudulent marking of merchandise; or, (b) after the expiration of two years from its commission if such offence be (e) after the expiration of three months from its commission if the offence be (i) cruelty to animals-sections five hundred and forty-two and five hundred and forty-three, (ii) railways and vessels violating provisions relating to conveyance of cattle-section five hundred and forty-four, (iii) refusing peace officer or constable admission-section five hundred and forty-five; or, (f) after the expiration of one month from its commission if the offence be improper use of offensive weapons under sections one hundred and sixteen and one hundred and eighteen to one hundred and twenty-four inclusive. 2. No person shall be prosecuted, under the provisions of section seventy-four or seventy-eight of this Act, for any overt act of treason expressed or declared by open and advised speaking unless information of such overtact, and of the words by which the same was expressed or declared, is given upon oath to a justice within six days after the words are spoken and a warrant for the apprehension of the offender is issued within ten days after such information is given. Altered, as here set forth. Sec. 930. Sec. 1141. Limitation of action for penalty or forfeiture. No action, suit or information shall be brought or laid for any penalty or 2ND EDIT. REVISED STATUTES 1906 REMARKS forfeiture under any Act, except within two Sec. 841. Sec. 1142. Limitation of prosecutions of offences punishable on summary conviction. In the case of any offence punishable on summary conviction, if no time is specially limited for making any complaint, or laying any information, in the Act or law relating to the particular case, the complaint shall be made, or the information shall be laid, within six months from the time when the matter of complaint or information arose, except in the Northwest Territories and the Yukon Territory, in all which Territories the time within which such complaint may be made, or information laid, shall be twelve months from the time when the matter of the complaint or information arose. Altered, as here set forth. (107) The time limited for the commencement of a criminal prosecution begins to run as soon as the act which constitutes the offence has taken place. (108) Sunday must be counted, unless expressly excluded. (109) "Bringing the prosecution" is not the hearing of trial, but it is the initiation of the proceedings by the prosecutor. (110) Where the law requires the party to be prosecuted or the prosecution to be commenced within a limited time after the cominission of the offence, it is sufficient to make the complaint or lay the information within that time, although the conviction may not take place until after the expiration of the time limited. (111) But where the law requires the party to be convicted within a stated time after the commission of the offence, the mere laying of the information within that time will not suffice; in that case, the conviction itself must be made within the limited time, or it will be void. (112) (107) And as since amended by the Criminal Code Amendment Act, 1907, (6 and 7 Ed. VII., c. 8). (108) Jacomb v. Dodgson, 32 L. J. M. C., 113. (109) Ex p. Simpkin, 29 L. J. M. C., 23. (110) R. v. McKenzie, 23 N. S. R., 6. (111) R. v. Barrett, 1 Salk., 383. (112) R. v. Manwaring, 27 L. J. M. C., 278. 2ND EDIT. REVISED STATUTES 1906 REMARKS ACTIONS AGAINST PERSONS ADMINISTERING THE CRIMINAL LAW. Sec. 975. Sec. 1143. Time and place of action. Sec. 976. Sec. 1144. Notice in writing of action. Sec. 978. Unchanged. Unchanged. Unchanged. Sec. 1146. Tender or payment into Court. Unchanged. Unchanged in meaning. Sec. 1148. Other protecting Acts remain. Unchanged. Sec. 1149. Actions under Part III; limitation; defense; venue; etc. Every action brought against any commissioner under Part III. of this Act or any justice, constable, peace officer or other person, for anything done in pursuance of the said Part, shall be commenced within six months next after the alleged cause of action arises; and the venue shall be laid or the action instituted in the district or county or place where the cause of action arose; and the defendant may plead the general issue and give this Act and the special matter in evidence. 2. If such action is brought after the time limited, or the venue is laid or the action brought in any other district, county or place than in this section prescribed, the judgment or verdict shall be given for the defendant; and in such case, or if the judg ment or verdict is given for the defendant on the merits, or if the plaintiff becomes non-suited or discontinues after appearance is entered, or has judgment rendered against him on demurrer, the defendant. shall be entitled to recover double costs. (113) Sec. 904. Sec. 1150. Actions for penalties under section 1134. All actions for penalties arising under the provisions of section eleven hundred and thirty-four shall be commenced within six months next after the cause of action accrues, and the same shall be tried in the district, county or place wherein such (113) Taken from R. S. C., (1886), c. 151, s. 24, forming part of the Appendix to the old Code. |