or the United Ireland, unless such Act is, by the express terms thereof, or Great Britain, of some other Act of such Parliament, made applicable to Canada or some portion thereof as part of Her Majesty's dominions or possessions. 6. Every one who commits an offence against this Act is Consequences of committing liable as herein provided to one or more of the following offence. punishments: (a) Death; (b.) Imprisonment; (c.) Whipping; (d.) Fine; (e.) Finding sureties for future good behaviour; (f) If holding office under the Crown, to be removed therefrom; (g) To forfeit any pension or superannuation allowance; (h.) To be disqualified from holding office, from sitting in Parliament and from exercising any franchise; (i.) To pay costs; (j.) To indemnify any person suffering loss of property by commission of his offence. PART II. MATTERS OF JUSTIFICATION OR EXCUSE. under com 7. All rules and principles of the common law which General rule render any circumstances a justification or excuse for any mon law. act, or a defence to any charge, shall remain in force and be applicable to any defence to a charge under this Act except in so far as they are hereby altered or are inconsistent herewith. 8. The matters provided for in this part are hereby declared General rule and enacted to be justifications or excuses in the case of all under this charges to which they apply. Act. under seven. 9. No person shall be convicted of an offence by reason Children of any act or omission of such person when under the age of seven years. and fourteen. 10. No person shall be convicted of an offence by reason Children between seven of an act or omission of such person when of the age of seven, but under the age of fourteen years, unless he was competent to know the nature and consequences of his conduct, and to appreciate that it was wrong. 11. No person shall be convicted of an offence by reason Insanity. of an act done or omitted by him when labouring under 31/ natural Compulsion by threats. Compulsion of wife. Ignorance of the law. Execution of sentence. Execution of process. Execution of warrants. natural imbecility, or disease of the mind, to such an extent as to render him incapable of appreciating the nature and quality of the act or omission, and of knowing that such act or omission was wrong. 2. A person labouring under specific delusions, but in other respects sane, shall not be acquitted on the ground of insanity, under the provisions hereinafter contained, unless the delusions caused him to believe in the existence of some state of things which, if it existed, would justify or excuse his act or omission. 3. Every one shall be presumed to be sane at the time of doing or omitting to do any act until the contrary is proved. 12. Except as hereinafter provided, compulsion by threats of immediate death or grievous bodily harm from a person actually present at the commission of the offence shall be an excuse for the commission, by a person subject to such threats, and who believes such threats will be executed, and who is not a party to any association or conspiracy the being a party to which rendered him subject to compulsion, of any offence other than treason as defined in paragraphs a, b, c, d and e of subsection one of section sixty-five, murder, piracy, offences deemed to be piracy, attempting to murder, assisting in rape, forcible abduction, robbery, causing grievous bodily harm, and arson. 13. No presumption shall be made that a married woman committing an offence does so under compulsion because she commits it in the presence of her husband. 14. The fact that an offender is ignorant of the law is not an excuse for any offence committed by him. 15. Every ministerial officer of any court authorized to execute a lawful sentence, and every gaoler, and every person lawfully assisting such ministerial officer or gaoler, is justified in executing such sentence. 16. Every ministerial officer of any court duly authorized to execute any lawful process of such court, whether of a civil or criminal nature, and every person lawfully assisting him, is justified in executing the same; and every gaoler who is required under such process to receive and detain any person is justified in receiving and detaining him. 17. Every one duly authorized to execute a lawful warrant issued by any court or justice of the peace or other person having jurisdiction to issue such warrant, and every person lawfully assisting him, is justified in executing such warrant; and every gaoler who is required under such warrant to receive and detain any person is justified in receiving and retaining him. erroneous sentence or 18. If a sentence is passed or process issued by a court Execution of having jurisdiction under any circumstances to pass such a sentence or issue such process, or if a warrant is issued by a process. court or person having jurisdiction under any circumstances to issue such a warrant, the sentence passed or process or warrant issued shall be sufficient to justify the officer or person authorized to execute the same, and every gaoler and person lawfully assisting in executing or carrying out such sentence, process or warrant, although the court passing the sentence or issuing the process had not in the particular case authority to pass the sentence or to issue the process, or although the court, justice or other person in the particular case had no jurisdiction to issue, or exceeded its or his jurisdiction in issuing, the warrant, or was, at the time when such sentence was passed or process or warrant issued, out of the district in or for which such court, justice or person was entitled to act. 19. Every officer, gaoler or person executing any sentence, Sentence or process or warrant, and every person lawfully assisting such process without jurisofficer, gaoler or person, shall be protected from criminal diction. responsibility if he acts in good faith under the belief that the sentence or process was that of a court having jurisdiction or that the warrant was that of a court, justice of the peace or other person having authority to issue warrants, and if it be proved that the person passing the sentence or issuing the process acted as such a court under colour of having some appointment or commission lawfully authorizing him to act as such a court, or that the person issuing the warrant acted as a justice of the peace or other person having such authority, although in fact such appointment or commission. did not exist or had expired, or although in fact the court or the person passing the sentence or issuing the process was not the court or the person authorized by the commission to act, or the person issuing the warrant was not duly authorized so to act. 20. Every one duly authorized to execute a warrant to Arresting the arrest who thereupon arrests a person, believing in good wrong person. faith and on reasonable and probable grounds that he is the person named in the warrant, shall be protected from criminal responsibility to the same extent and subject to the same provision as if the person arrested had been the person named in the warrant. 2 Every one called on to assist the person making such arrest, and believing that the person in whose arrest he is called on to assist is the person for whose arrest the warrant is issued, and every gaoler who is required to receive and detain such person, shall be protected to the same extent and subject to the same provisions as if the arrested person had been the person named in the warrant. Irregular warrant or process. Arrest by peace officer in case of certain offences. Persons assisting peace officer. Arrest of persons found committing certain offences. Arrest after commission of certain offences. Arrest of per son believed to be committing certain offences by night. Arrest by peace officer of person found com mitting offence. Arrest of 21. Every one acting under a warrant or process which is bad in law on account of some defect in substance or in form apparent on the face of it, if he in good faith and without culpable ignorance and negligence believes that the warrant or process is good in law, shall be protected from criminal responsibility to the same extent and subject to the same provisions as if the warrant or process were good in law, and ignorance of the law shall in such case be an excuse: Provided, that it shall be a question of law whether the facts of which there is evidence may or may not constitute culpable ignorance or negligence in his so believing the warrant or process to be good in law. 22. Every peace officer who, on reasonable and probable grounds, believes that an offence for which the offender may be arrested without warrant has been committed, whether it has been committed or not, and who, on reasonable and probable grounds, believes that any person has committed that offence, is justified in arresting such person without warrant, whether such person is guilty or not. 23. Every one called upon to assist a peace officer in the arrest of a person suspected of having committed such offence as last aforesaid is justified in assisting, if he knows that the person calling on him for assistance is a peace officer, and does not know that there is no reasonable grounds for the suspicion. 24. Every one is justified in arresting without warrant any person whom he finds committing any offence for which the offender may be arrested without warrant, or may be arrested when found committing. 25. If any offence for which the offender may be arrested without warrant has been committed any one who, on reasonable and probable grounds, believes that any person is guilty of that offence is justified in arresting him without warrant, whether such person is guilty or not. 26. Every one is protected from criminal responsibility for arresting without warrant any person whom he, on reasonable and probable grounds, believes he finds committing by night any offence for which the offender may be arrested without warrant. 27. Every peace officer is justified in arresting without warrant any person whom he finds committing any offence. 28. Every one is justified in arresting without warrant any person whom he finds by night committing any offence. 2. Every peace officer is justified in arresting without any offence at warrant any person whom he finds lying or loitering in person found committing night. any any highway, yard or other place by night, and whom he has good cause to suspect of having committed or being about to commit any offence for which an offender may be arrested without warrant. 29. Every one is protected from criminal responsibility Arrest during flight. for arresting without warrant any person whom he, on reasonable and probable grounds, believes to have committed an offence and to be escaping from and to be freshly pursued by those whom he, on reasonable and probable grounds, believes to have lawful authority to arrest that person for such offence. 30. Nothing in this Act shall take away or diminish any Statutory authority given by any Act in force for the time being to power of arrest, detain or put any restraint on any person. arrest. sentence or arrest. 31. Every one justified or protected from criminal respon- Force used in sibility in executing any sentence, warrant or process, or in executing making any arrest, and every one lawfully assisting him, is process or in justified, or protected from criminal responsibility, as the case may be, in using such force as may be necessary to overcome any force used in resisting such execution or arrest, unless the sentence, process or warrant can be executed or the arrest effected by reasonable means in a less violent manner. 32. It is the duty of every one executing any process or Duty of perwarrant to have it with him, and to produce it if required. sons arresting. 2. It is the duty of every one arresting another, whether with or without warrant, to give notice, where practicable, of the process or warrant under which he acts, or of the cause of the arrest. 3. A failure to fulfil either of the two duties last mentioned shall not of itself deprive the person executing the process or warrant, or his assistants, or the person arresting, of protection from criminal responsibility, but shall be relevant to the inquiry whether the process or warrant might not have been executed, or the arrest effected, by reasonable means in a less violent manner. escape from 33. Every peace officer proceeding lawfully to arrest, Peace officer with or without warrant, any person for any offence for preventing which the offender may be arrested without warrant, and arrest for cerevery one lawfully assisting in such arrest, is justified, if tain offences. the person to be arrested takes to flight to avoid arrest, in using such force as may be necessary to prevent his escape by such flight, unless such escape can be prevented by reasonable means in a less violent manner. 34. Every private person proceeding lawfully to arrest Private person without warrant any person for any offence for which the preventing offender escape from |