2ND EDIT. REVISED STATUTES 1906 REMARKS Taken from the last seven lines of sec. 3 (cc) of the old Act. 5. Finding Indictment,' and 'having possession.' -In this Act, unless the context otherwise requires, (a) finding the indictment includes also exhibiting an information and making a presentment; (b) having in one's possession includes not only having in one's own personal possession, but also knowingly (i) having in the actual possession or custody of any other person, and (ii) having in any place (whether belonging to or occupied by one's self or not) for the use or benefit of one's self or of any other person. 2. If there are two or more persons, and any one or more of them, with the knowledge and consent of the rest, has or have anything in his or their custody or possession, it shall be deemed and taken to be in the custody and possession of each and all of them. Taken from section 3 (j) and (k) of the old Sec. 4. Sec. 6. Meaning of expressions in other Acts. In every case in which the offence dealt with in this Act relates to the subject treated of in any other Act the words and expressions used herein in respect to such offence shall have the meaning assigned to them in such other Act. 4d 7. Carnal knowledge. Altered, as here set forth. Offences against Imperial Statutes. 6. Punishments. Omitted here. (11) THE INTERPRETATION ACT - The old Interpretation Act (R. S. C., 1886, c. 1), extracts from which are given at pages 9 and 10 of the Author's second edition of the Criminal Code, is repealed, and now replaced by the new Interpretation Act, (R. S., 1906, c. 1); and the sections of this new Act more or less applicable to Criminal law and procedure are the following: (11) Transferred to sec. 589. post. 2ND EDIT. REVISED STATUTES 1906 REMARKS Sec. 9. Dominion Acts. Every Act of the Parliament of Canada shall, unless the contrary intention appears, apply to the whole of Canada. Sec. 13. Public Acts. Every Act shall, unless, by express provision, it is declared to be a private Act, be deemed to be a public Act. Sec. 17. Private Acts. No provision or enactment in any Act of the nature of a private Act shall affect the rights of any person, save only as therein mentioned or referred to. Sec. 28. Indictable and non-indictable offences. Construction of Acts. Every Act shall be read and construed as if any offence for which the offender may be (a) prosecuted by indictment, howsoever such offence may be therein described or referred to, were described or referred to as an indictable offence, and (b) punishable on summary conviction, were described or referred to as an offence; and all the provisions of the Criminal Code relating to indictable offences, or offences, as the case may be, shall apply to every such offence. 2. Every commission, proclamation, warrant or other document relating to crimnial procedure, in which offences which are indictable offences, or offences, as the case may be, are described or referred to by any names whatsoever shall be read and construed as if such offences were therein described and referred to as indictable offences, or offences, as the case may be. (12) Sec. 29. Summary convictions and summary or speedy trials. Unless the context otherwise requires, a reference in any Act to, (a) the Summary Convictions Act, shall be construed as a reference to Part XV of the Criminal Code; (b) the Summary Trials Act, shall be construed as a reference to Part XVI of the Criminal Code. (c) the Speedy Trials Act, shall be construed as a reference to Part XVIII of the Criminal Code. (12) (12) Sections 28 and 29 of the new Interpretation Act are taken from secs. 536 and 537 of the old Criminal Code. 2ND EDIT. REVISED STATUTES 1906 REMARKS Sec. 31. General Rules. In every Act, unless the contrary intention appears. (d) whenever forms are prescribed, slight deviations therefrom, not affecting the substance or calculated to mislead shall not invalidate them; (h) if the time limited by any Act for any proceeding or the doing of anything under its provisions, expires or falls on a holiday, the time so limited shall be extended to, and such thing may be done on the day next following, which is not a holiday; (i) words importing the masculine gender include females; (j) words in the singular include the plural; and words in the plural include the singular. Sec. 34. Definitions. In every Act, unless the context otherwise requires. (1) Act', as meaning an Act of a legislature includes an ordinance of the Northwest Terri tories as now or heretofore constituted or of the district of Keewatin or of the Yukon territory. (3) County' includes two or more counties united for purposes to which the enactment relates. (4) County Court,' in its application to the province of Ontario, includes district court." (6) Governor';' Governor of Canada' or Governal General' means the Governor General for the time being of Canada, or other the chief executive officer or administrator for the time being carrying on the government of Canada on behalf and in the name of the Sovereign, by whatever title he is designated; (7) Governor in Council' or 'Governor General in Council' means the Governor General of Canada, or person administering the Government of Canada for the time being, acting by and with the advice of, or by and with the advice and consent of, or in conjunction with the King's Privy Council for Canada; (8) Great Seal' means the great seal of Canada. (9) herein' used in any section shall be under 2ND EDIT. REVISED STATUTES 1906 REMARKS stood to relate to the whole Act, and not to that section only. (10) His Majesty' the King' or the Crown,' or other reference to the Sovereign reigning at the time of the passing of the Act, means the Sovereign of the United Kingdom of Great Britain and Ireland, his heirs and suc cessors; (11) holiday' includes Sundays, New Year's Day, the Ascension, All Saints' Day, Conception Day, Easter Monday, Ash Wednesday, Christmas Day, the Birthday or day fixed by proclamation for the celebration of the birthday of the reigning sovereign, Victoria Day, Dominion Day, the first Monday in September designated Labor Day, and any day appointed by proclamation for a general fast or thanksgiving; (15) Magistrate' means a justice of the peace; (16) Month' means a calendar month; (18) Now' or Next' shall be construed as having reference to the time when the Act was presented for the Royal Assent; (19) Oath' includes a solemn affirmation or declaration whenever the context applies to any person and case by whom and in which a solemn affirmation or declaration may be made instead of an oath; and in like cases the expression 'sworn' includes the expression affirmed' or 'declared'; (20) person' includes any body corporate and (22) province' includes the Northwest Ter- (24) shall' is to be construed as imperative, and may' as permissive; 6 (27) 'sureties' means sufficient sureties and the expression security' means sufficient secur 2ND EDIT. REVISED STATUTES 1906 REMARKS ity; and whenever these words are used one (28) two justices' means two or more justices of Sec. 36. Telegraph.' The expression 'telegraph' and its derivatives, in any Act of Parliament of Canada, or in any Act of the legislature of any province now forming part of Canada, passed before such province entered into the Union, on any subject which is within the legislative powers of the Parliament of Canada, shall not be deemed to include the word telephone,' or its derivatives. CRIMINAL CODE (resumed) PART I. GENERAL. APPLICATION OF THIS ACT. Sec. 983-2. Sec. 8. Not to affect His Majesty's forces. Sec. 983-1. Unchanged. Sec. 9. Scope of Act. Except in so far as they are inconsistent with the Northwest Territories Act and amendments thereto as the same existed immediately before the first day of September 1905, the provisions of this Act extend to and are in force in the provinces of Saskatchewan and Alberta, the Northwest Territories, and, except in so far as inconsistent with the Yukon Act, the Yukon Territory. Altered, as here set forth. APPLICATION OF THE CRIMINAL LAW OF ENGLAND. Sec. 10. To Ontario. The criminal law of England as it existed on the seventeenth day of September 1792, in so far as it has not been repealed by |