stituted for the same, which offence is not included in any foregoing portion of this schedule; Any offence under the Act passed in the said year, intituled An Act respecting Offences relating to the Coin," or any Act amending or substituted for the same, which offence is not included in any foregoing portion of this schedule; Any offence under the Act passed in the said year, intituled "An Act respecting Offences against the Person," or any Act amending or substituted for the same, which offence is not included in any foregoing portion of this schedule; Any offence, which is, in the case of the principal offender, included in any foregoing portion of this schedule, and for which the fugitive criminal, though not the principal. is liable to be tried or punished as if he were the principal. THIRD SCHEDULE. Form of Warrant of Apprehension. To wit: To all and each of the constables of Whereas it has been shown to the undersigned, a judge under "The Extradition Act, 1877," that late of crime of is accused (or convicted) of the within the jurisdiction of This is therefore to command you, in Her Majesty's name, forthwith to apprehend the said and to bring him before me, or some other Judge under the said Act to be further dealt with according to law; for which this shall be your warrant. Given under my hand and seal at day of A.D. Form of Warrant of Committal. this apprehended under the said Act, to be dealt with according to law; and forasmuch as I have determined that he should be surrendered in pursuance of the said Act, on the ground of his being accused (or convicted) of the crime of within the jurisdiction of This is therefore to command you, the said constable, in Her Majesty's name, forthwith to convey and deliver the said into the custody of at the keeper of the and into your custody, and him there safely to keep until he is thence delivered pursuant to the provisions of the said Act, for which this shall be your warrant. Given under my hand and seal at this day of A.D. Form of Order of Minister of Justice for Surrender. accused (or convicted) of the crime of within the jurisdiction of at was delivered into the custody of you the keeper of the dated Act, 1877:" at by warrant pursuant to "The Extradition Now I do hereby, in pursuance of the said Act, order you the said keeper to deliver the said said into the custody of the said ; and I command you, the into to receive the said your custody, and to convey him within the jurisdiction of and there place him in the said ) appointed by the said receive him for which this shall be your warrant. to Given under the hand and seal of the undersigned Minister of Justice of Canada, this day of A.D. CHAP. CHAP. 26. Preamble. Effect of s. 28 of 32-33 V., c. 29 re stricted in An Act respecting Procedure and Evidence in Criminal [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 certain cases. respecting Procedure in Criminal Cases, and other matters relating to Criminal Law," shall not extend or be appli cable 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. Further restrictions. The said 2. All the provisions of the twenty-eighth section of the sections and 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. this Act to apply to! nuisance. Evidence as to former 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 is intended to be given of such other property, stolen given to the within the preceding period of twelve months, having been accused. 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. conviction for 4. Where proceedings are taken against any person for Evidence as having received goods, knowing them to be stolen, or 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 Notice to to the person accused that proof is intended to be given of such previous conviction; and it shall not be necessary for Indictmer t the purposes of this section to charge in the indictment the need not previous conviction of the person so accused. accused. charge previous 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." whipping. 6. The ninety-fifth section of the said Act is hereby Section 95 amended by adding thereto the words following: "And amended as to "wherever practicable every whipping shall take place not "less than ten days before the expiration of any term of imprisonment to which the offender is sentenced for the "offence." 7. The one hundredth and first section of the said Act is Section 105 hereby amended by inserting after the word "Act," in the amended. second line, the words: "whether before or after the first 66 day of July, eighteen hundred and sixty-seven." CHAP. Preamble. 39 V. c. 23 repealed. 33 V. c. 27 repealed. CHAP. 27. An Act to amend the law respecting appeals from convictions before, or orders by Justices of the Peace. WH [Assented to 28th April, 1877.] HEREAS it is expedient to amend the law with reference to 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. Part of s. 1 of 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 :-- Section 65 of "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 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 information or complaint arose. In case some other court another Court of appeal be provided in any Province as aforesaid the Unless be provided. appeal |