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appeal shall be to such Court. Every right of appeal shall, unless it be otherwise provided in any special Act, be subject to the conditions following:"

whom to ia

3. Whenever, in the Act thirty-second and thirty-third "Clerk of Victoria, chapter thirty-one, intituled "An Act respecting the the Peace," duties of Justices of the Peace out of sessions in relation to clude in 32, summary convictions and orders," any duty in relation to an 33, V. c. 31. appeal is imposed on any officer by the term "Clerk of the Peace," the said term shall include the proper officer of the court having jurisdiction in appeal under the said Act and the Acts amending the same, including this Act.

CHAP. 28.

An Act to amend the Act respecting Offences against

WH

the Person.

[Assented to 28th April, 1877.]

HEREAS it is expedient to amend the Criminal Law Preamble. relating to Offences against the Person; Therefore Her

Majesty, by and with the advice and consent of the Senate

and House of Commons of Canada, enacts as follows:--

pealed.

1. The tenth section of the Act passed in the session held S. 10 of 32-33 in the thirty-second and thirty-third years of Her Majesty's V. c. 20 rereign, chapter twenty, intituled “An Act respecting Offences against the Person," is hereby repealed, and the following is substituted therefor :

Administer

with intent to

"10. Whosoever administers, or causes to be adminis- New section tered, or to be taken by any person, any poison or other substituted: destructive thing, or by any means whatsoever, wounds or ing poison or causes any grievous bodily harm to any person, with intent, wounding in any of the cases aforesaid, to commit murder, is guilty of murder. felony, and shall be liable to be imprisoned in the Penitentiary for life, or for any term not less than two years; or to Punishment. be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour and with or without solitary confinement."

2. The fifty-first section of the said Act is hereby S.51 repealed. repealed, and the following is substituted therefor:

"51. Whosoever unlawfully and carnally knows and Carnally abuses any girl under the age of ten years, is guilty of felony, under ten knowing girl and shall be liable to be imprisoned in the Penitentiary for years of age. life or for any term not less than five years."

11

CHAP.

Punishment.

Preamble.

CHAP. 29.

An Act to amend the Act respecting Larceny and other similar offences.

FOR

[Assented to 28th April, 1877.]

OR remedying an omission in the Act passed in the session held in the thirty-second and thirty-third years 32-33 V., c. 21. of Her Majesty's reign, intituled "An Act respecting Larceny and other similar offences," Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Word

1. The first section of the said Act is hereby amended by "cattle" how inserting in the clause defining the term "cattle," the word "sheep" after the word "swine."

construed.

And in 32-33
V., c. 22.

Sec. 4 of 32-33

V., c. 21 amended.

2. The word "cattle," wherever used in the Act passed in the said session, intituled "An Act respecting Malicious Injuries to Property," shall have the meaning assigned to it in the said "Act respecting Larceny and other similar offences," as amended by this Act.

3. The fourth section of the said first cited Act is amended by striking out the word "three" and substituting the word "seven."

CHAP. 30.

An Act to make provision against the improper use of

Firearms.

[Assented to 28th April, 1877.)

Preamble.

or air gun

W

HEREAS it is expedient to make provision against the improper use of Firearms; Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Persons car1. Whosoever has upon his person a pistol or air gun gun withrying pistol out reasonable cause to fear an assault or other injury to his without cause person or his family or property, may, upon complaint made may be bound before any Justice of the Peace. be required to find sureties to keep the peace. for keeping the peace for a term not exceeding six months; and in default of finding such sureties may be imprisoned in any gaol or place of confinement for a term not exceeding thirty days.

when arrest

2. Whosoever, when arrested either on a warrant issued Having a pisagainst him for an offence or whilst committing an offence, tol or air gun has upon his person a pistol or air gun, shall be liable on con- ed or when viction thereof to a fine of not less than twenty dollars or committing more than fifty dollars, or to imprisonment in any gaol or place of confinement for a term not exceeding three months.

an offence.

3. Whosoever has upon his person a pistol or air gun, with Or with inintent therewith unlawfully and maliciously to do injury to tent to injure any other person, shall be liable on conviction thereof, to a fine any one. of not less than fifty or more than two hundred dollars, or to imprisonment in any gaol or place of confinement for a term not exceeding six months:

(2) The intent aforesaid may be prima facie inferred from Intent prethe fact of the pistol or air gun being on the person.

sumed.

4. Whosoever, without lawful excuse,points at another person Pointing fireany firearm or air gun, whether loaded or unloaded, shall be arm at any person, withliable on conviction thereof, to a fine of not less than twenty out excuse. or more than fifty dollars, or to imprisonment in any gaol or place of confinement for a term not exceeding thirty days.

33 V. c. 20 to

5. The seventy-fourth, seventy-fifth and seventy-sixth Sections 74, sections of the Act passed in the session held in the thirty- 75,76 of 32, second and thirty-third years of Her Majesty's reign, chapter apply. twenty, intituled "An Act respecting offences against the person," shall apply and extend to any offence against the second, third or fourth section of this Act.

punishment if

6. Nothing in this Act contained shall prevent any person Not to prefrom being liable, under any other Act or otherwise, to any vent greater, other or greater punishment than is provided for any offence incurred. by this Act; so, however, that no person be punished twice for the same offence.

7. Nothing in this Act contained shall be held to affect Exception as any right of any soldier, sailor or volunteer, in Her Majesty's to soldiers on duty. service, constable or policeman, to carry loaded pistols in the discharge of his duty.

111

CHAP.

Preamble.

Any person keeping a place for recording bets or selling pools, &c.

Is guilty of

Punishment.

CHAP. 31.

An Act for the repression of Betting and Pool-selling.
[Assented to 28th April, 1877.]

ER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as

follows:

1. In case any person uses or knowingly allows any part of any premises under his control to be used for the purpose of recording or registering any bet or wager, or selling any pool, or

(2.) Keeps, exhibits, or employs, or knowingly allows to be kept, exhibited, or employed, in any part of any premises under his control, any device or apparatus, for the purpose of recording or registering any bet or wager or selling any pool, or—

(3.) Becomes the custodian or depositary of any money, property, or valuable thing staked, wagered, or pledged,

or

(4.) Records or registers any bet or wager, or sells any pool,

Upon the result (a) of any political or municipal election, or (b) of any race, or (c) of any contest or trial of skill or endurance of man or beast,

Such person is guilty of a misdemeanor, and shall be misdemeanor: liable to be imprisoned in any common gaol for any term less than one year, with or without hard labour, and to a fine not exceeding one thousand dollars.

May, 1878, and not to extend to

Act to come 2. Provided always, that this Act shall not come into into force 1st operation until the first of May, one thousand eight hundred and seventy-eight, and shall not extend to any person by reason of his becoming the custodian or depositary of any money, property or valuable thing staked, to be certain cases. paid to the winner of any lawful race, sport, game, or exercise, or to the owner of any horse engaged in any lawful race, or to bets between individuals.

holders of stakes in

Sec. 2 of 32, 33 V., c. 32, amended as to cases under this Act.

3. The second section of the Act thirty-second and thirtythird Victoria, chapter thirty-two, intituled "An Act respecting the prompt and summary administration of Criminal Justice in certain cases," is hereby amended by adding after the words "bawdy house" in the sixth sub-section, the following:

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7. With having committed a misdemeanor under the Act passed in the fortieth year of Her Majesty's reign, intituled An Act for the repression of Betting and Poolselling.'

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CHAP. 32.

An Act for the Prevention of Gambling Practices in certain Public Conveyances.

[Assented to 28th April, 1877.]

FOR the prevention of gambling practices in certain public Preamble.

conveyances, Her Majesty, by and with the advice and

consent of the Senate and House of Commons of Canada,

enacts as follows:-

1. Whosoever in any railway car, or steamboat, used Punishment as a public conveyance for passengers, by means of the of persons obtaining game commonly known as "three card monte," or of money by any other game of cards, dice, or other instrument gambling in railway cars of gambling, or by any device of like character, obtains or steamboats from any other person any money, chattel, valuable security or property, shall be deemed guilty of the misdemeanor of having obtained the same unlawfully by false pretences, and shall be liable to be punished by imprisonment in any gaol or place of confinement for any term less than one year, with or without hard labour, and with or without solitary confinement; and every person aiding, encouraging, advi- Confederates sing or confederating with any person in the commis- to be punishsion of the said offence shall be deemed guilty thereof and cipals. liable to be punished in like manner, as a principal therein; and any attempt to commit such offence by actually engag ing any person in any such game with intent to obtain money or other valuable thing from him, shall be a misdemeanor, punishable in like manner as the offence itself.

able as prin

be tried and

2 Such offence may be dealt with, inquired of, tried, Where the determined and punished as being committed either at the offence may place where it actually took place, or in any district, county punished. or place through or adjoining to or by the boundary of any part whereof the railway car, or steamboat passed in the course of the journey or voyage during which the offence was committed, in the same manner as if it had been actually committed in such district, county or place.

ductor or

3. It shall be lawful for and it shall be the duty of any conductor, master or superior officer in charge, and for master, or any clerk or employee when authorized by the conductor or thorized by

superior

persons au

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