The Criminal Code of Canada and the Canada Evidence Act, 1893, with an Extra Appendix Containing the Extradition Act, the Extradition Convention with the United States, the Fugitive Offenders' Act, and the House of Commons Debates on the Code

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Whiteford & Theoret, 1894 - Criminal law - 976 pages

From inside the book

Contents

SECT PAGE
5
Compulsion by threats
12
Comments
16
Irregular warrant or process
18
SECT PAGE 27 Arrest by Peace Officer of person whom he finds committing an offence
21
Powers of Arrest by Peace Officer and by Private Individual contrasted
22
Illustrations
23
Statutory power of Arrest
24
Peace Officer preventing escape from Arrest for certain offences
25
Prevention by Peace Officer of Breach of the Peace
26
Suppression of Riot by Magistrates
27
Suppression of Riot by persons without orders
28
Self defence against unprovoked assault
29
Illustrations 30
30
Prevention of insult
32
Defence of dwellinghouse at night
33
Assertion of right to house or land
34
Excess
35
Offence committed other than the offence intended
36
Soliciting to crime
38
Accessory after the fact
39
Attempts
40
Offences against public order internal and external
42
A short history of the law of Treason 43 44
43
Conspiracy to commit treason
46
Treasonable offences
47
Inciting to mutiny
48
Resisting execution of warrant for arrest of deserters
49
Communicating information acquired by holding office
50
PART V
51
Punishment of unlawful assembly
52
Duty of Justice if rioters do not disperse
53
Riotous damage to buildings
54
Being unlawfully drilled
55
Affray
56
Challenging to fight a prizefight c
57
Inciting Indians to riotous acts
58
Having possession of arms for purposes dangerous to the public peace
59
Carrying a pistol or airgun without justification
60
Having weapons on the person with intent to injure any person
61
Refusing to deliver offensive weapons to a justice
62
Possessing weapons near public works
63
Intoxicating liquors on board Her Majestys ships
64
Compulsion in administering and taking oaths
65
Societies and Lodges of Freemasons
66
History of the Law of Libel 68 69 70
68
Libels on foreign sovereigns
72
Piratical acts
73
Not fighting pirates
74
TITLE VII
75
Frauds upon the government
80
PART X
86
Attendance of witnesses
90
PART XI
94
Offences against religion morals and public convenience
102
SECT PAGE
111
Common nuisances which are not criminal
117
Betting and poolselling
123
135
135
PART XVII
139
SECT
145
Procuring death by false evidence
147
Corruptly taking a reward for helping to recover stolen property
156
Assisting escape in certain cases
165
PART XIX
168
Wounding
169
Administering poison so as to endanger life
170
Causing bodily injuries by explosives
171
Intentionally endangering the safety of persons on railways
172
Negligently causing bodily injury to any person
173
Sending unseaworthy ships to sea
174
Indecent assault on females
177
Kidnapping
178
Common assaults 182
182
RAPE AND PROCURING ABORTION 266 Rape defined
185
Attempt to commit rape
189
Attempt to commit such offence
190
Comments and authorities
191
Miscarriage abortion premature labor
192
Means of procuring abortion 193
193
Proof 194
194
Beaver R v 10 Cox 274 608
214
Feigned marriages
215
Death must be within a year and a
222
Fair discussion
228
Answer to inquiries
235
Parke 10 Ir C L R 284
238
Forms of Indictment under Title 111
249
Bishop R v 5 Q B D 259 205
259
Table of Offences under Title III
263
Offences against rights of property and rights arising
266
Stealing post letters packets and keys
268
Things capable of being stolen
269
Theft of things under seizure
286
Receiving stolen post letter or post letter bag
296
Agents and attorneys
302
Dogs birds beasts and other animals
306
Stealing by picklocks
312
Obtaining passage by false tickets
324
SECT PAGE 367 False statement by public officer
327
Frauds in respect to the registration of titles to land
328
Warehousemen c giving false receiptsknowingly using the same
329
Making false statements in receipts for property that can be used under The Bank Act fraudulently dealing with property to which such receipts refer
330
Offences respecting old marine stores
331
Marks to be used on public stores
332
Taking marks from public stores
333
Receiving regimental necessaries c from soldiers or deserters
334
Not satisfying justice that possession of seamans property is lawful
335
Comments and authorities 336
336
Cheating at play
338
Comments
339
Punishment of robbery
340
Stopping the mail
348
Compelling execution of documents by force
349
Demanding with intent to steal
351
Comments and authorities 352
352
Extortion by other threats
353
Housebreaking and committing an indictable offence
374
Bishop of Sodor ManLaughton
377
False document defined
381
REPEAL
394
Punishment of forgery
395
Uttering forged documents
404
SECT PAGE 436 Falsifying registers
411
Uttering false certificates
412
Clerks issuing false dividend warrants
413
Words or marks on watch cases
415
Selling goods falsely markeddefence
416
Falsely representing that goods are manufactured for Her Majesty c
417
Defence where person charged innocently in the ordinary course of business makes instruments for forging trade marks
419
PART XXXIV
420
Acknowledging instrument in false name
421
PART Xxxv
422
When offence completed
423
Comments and authorities
424
Manufacture of copper coin and importation of uncurrent copper coin
425
Enforcing penalty
426
Making instruments for coining
427
Definition
433
Obstructing railways
439
SECT PAGE 504 Injuries to buildings by tenants
448
Injuries to land marks indicating municipal divisions
449
Injuries to vegetable productions growing in gardens c
450
PART XXXVIII
451
Keeping cockpit
455
Search of premisespenalty for refusing admission to peace officer
456
PART XXXIX
457
Prosecution for conspiracy
458
Comments and authorities 459
459
Attempting to wreck
494
Table of offences under Title VI 495
495
False accounting by clerk
497
Comments and authorities
500
Limitations of time for prosecuting offences under Title VI
507
Procedure
508
PART LVIII
511
Bittle R v 21 Ont Rep 605 781
514
Disclosing official secrets
516
Piracy with violence 74
521
Using probate obtained by forgery or perjury
524
PART XLIV
527
COMPELLING APPEARANCE OF ACCUSED BEFORE JUSTICE SECT PAGE Modes of prosecution Royal Commissioners Report 527530
531
When Justice may compel appearance
533
Offences committed in certain parts of Ontario
534
Information
535
Arrest of suspected deserter
536
Execution of warrant
537
Disposal of person arrested on endorsed warrant
538
Search for public stores
540
Search warrant for gold silver c
541
Search in gaminghouse
542
Search for vagrant
543
Stevens 4 F F 239 11
544
Sending unseaworthy ships to
546
PART XLV
549
Warrant for witness in first instance
550
Procuring attendance of witnesses beyond jurisdiction of Justice
551
Discretionary powers of the Justice
552
Hearing may proceed during time of remand
553
Evidence to be read to the accused
554
Evidence for the defence
559
Comments and authorilies
560
Discharge of the accused
561
Committal of accused for trial
562
Witness refusing to be bound over
563
PART XLVI
579
Indictment for high treason or treasonable offence
585
Blenkinsop R v 1 Den 275 2
587
Objections to an indictment
591
Depositions and judges notes on former trial
597
PART XLVII
601
Certiorari c not required
602
Sending bill before grand jury
603
338
604
Objections to Grand Jury 606
606
Coroners inquisition
608
Evidence before Grand Jury 608
609
Outlawry
610
Forms under Part XLVIII from Schedule One 611
611
PART XLIX
613
Indictment after removal
614
Comments and authorities
615
PART L
616
Plearefusal to plead
617
Special provisions in the case of treason
618
Right to full defence
620
Calling the panel
627
Jurors may have fire and refreshments
633
Proof of previous conviction
641
SECT PAGE 707 Evidence of stealing ores or minerals
648
Evidence in case of fraudulent marks on merchandise
649
Offence chargedpart only proved
650
On indictment for murder conviction may be of concealment of birth
652
Trial for coinage offences
653
Comments and authorities
654
Comments and authorities
655
Amendment to be endorsed on the record
656
Jury retiring to consider verdict
657
Proceedings on Sunday
658
Stay of proceedings
659
Judgment not to be arrested for formal defects
660
Comments and authorities
661
Custody of insane person
662
PART LII
663
Appeal in criminal cases
669
Appeal when no question is reserved
670
Evidence for Court of Appeal
671
Application for a new trial
672
Further detention of person accused
673
Admission to bail
679
Punishment for certain offences under this part
686
Dismissal of charge
688
When accused shall not be tried summarily
694
Costs in case of libel
700
Interpretation
703
Time within which proceedings shall be commenced in certain
704
705 Evidence in certain cases of libel
705
Adjournment
709
Order as to collection of costs
715
SECT PAGE 887 Certiorari not to lie when appeal is taken
720
Irregularities within the preceding section
721
Imperial Act superseded
722
Order as to costs
723
Tender and payment
725
Returns respecting convictions and moneys received
726
Prosecutions for penalties under the preceding section
727
Preserving order in court
728
Alphabetical List of offences triable summarily 747752
747
Appeal to Supreme Court of Canada
750
PART LIX
752
Discharge of recognizance
753
Officer to prepare lists of persons under recognizance making default
755
Sale of lands by Sheriff under estreated recognizance
756
Quebec
757
Form under Part LIX from Schedule One
758
PART LX
759
Proceedings after conviction
760
SURETIES FOR KEEPING THE PEACE AND FINES SECT PAGE 958 Persons convicted may be fined and bound over to keep the peace
766
Proceedings for not finding sureties to keep the peace
767
PART LXVII
768
Comments and authorities
769
Undergoing sentence equivalent to a pardon
770
Royal prerogative
771
Interpretation
772
Actions against persons administering the criminal law
776
SECT PAGE 981 Statutes repealed
777
THE CANADA EVIDENCE ACT 1893
778
Incriminating answers
781
Proof of judicial proceedings
782
Imperial proclamations etc
783
Notarial Acts in Quebec
784
Evidence of child
785
Repeal
786
OFFENCES AGAINST RELIGION MORALS AND PUBLIC
788
APPENDIX TO THE CRIMINAL CODE Acts and parts of Acts which
790
PART XVIII
792
EXTRA APPENDIX House of Commons Debates 1892 on the Criminal
806
Definition of murder
807
Blasphemous libels
850
WHIPPING
851
PREPARATION FOR FORGERY AND OFFENCES RESEMBLING
866
The Extradition
895
Construction of list of crimes in schedule
901
The Fugitive Offenders
909
RETURN OF FUGITIVE 4 Apprehension and return of fugitive offenders
910
Proceedings on fugitives apprehension
911
A fugitive undergoing sentence for another offence
912
Manner of return of fugitive
913
GENERAL INDEX
915
Interpretation of terms
922
Unnatural offence
935
Incest
946
Counterfeiting stamps
947
Seduction under promise of marriage
952
Manslaughter
955
Arrest without warrant
956
Sentence of punishment by whipping
957
Parent or guardian procuring defilement of girl
958

Common terms and phrases

Popular passages

Page 337 - A conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act, or to do a lawful act by unlawful means.
Page 399 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine, shall be permitted to be made by witnesses ; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and Jury as evidence of the genuineness or otherwise of the writing in dispute.
Page 731 - ... the said complaint, and to be further dealt with according to law,"] and now, having heard the matter of the said complaint, I...
Page 570 - Given under my Hand and Seal, this Day of in the Year of our Lord at in the [ County] aforesaid.
Page 514 - The territorial waters of Her Majesty's dominions, in reference to the sea, means such part of the sea adjacent to the coast of the United Kingdom, or the coast of some other part of Her Majesty's dominions...
Page 219 - That if any Person shall unlawfully take, or cause to be taken, any unmarried Girl, being under the Age of Sixteen Years, out of the Possession and against the Will of her Father or Mother, or of any other Person having the lawful Care or Charge of her, every such Offender shall be guilty of a Misdemeanor...
Page 177 - ... with intent to resist or prevent the lawful apprehension or detainer of any person...
Page 702 - ... fide taken or received by transfer or delivery, by some person or body corporate, for a just and valuable consideration, without any notice, or without any reasonable cause to suspect that the same had by any felony or misdemeanor been stolen, taken, obtained, extorted, embezzled, converted, or disposed of, in such case the court shall not award or order the restitution of such security...
Page 774 - ... probation of good conduct, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a...
Page 785 - ... does not in the opinion of the Court understand the nature of an oath, the evidence of such child may be received, though not given upon oath, if, in the opinion of the Court, such child is possessed of sufficient intelligence to justify the reception of the evidence, and understands the duty of speaking the truth...

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