SCHEDULE A. Form of Record when the Prisoner pleads Not Guilty. Province of to wit: Be it remembered that A. B. being a prisoner in the Jail of the said County or District, committed for trial on a charge of having on day of 186, feloniously stolen, &c., (one cow, the property of C. D., or as the case may be, stating briefly the offence), and being brought before me, Judge) on the day of day of (describe the 186, and asked by me if he consented to be tried before me without the intervention of a Jury, consented to be so tried; and that the upon 186, the said A. B. being again brought before me for trial, and declaring himself ready, was arraigned upon the said charge and pleaded not guilty; and after hearing the evidence adduced as well in support of the said charge as for the prisoner's defence (or as the case may be) I find him to be guilty of the offence with which he is charged as aforesaid, and I accordingly sentence him to be (here insert such sentence as the law allows and the Judge thinks right,) or I find him not guilty of the offence with which he is charged, and discharge him accordingly. Witness my hand in the County (or District) of this day 186. at of SCHEDULE B. O. K. Signature of Judge. Form of Record when the Prisoner pleads Guilty. Province of County (or District) of To wit: Be it remembered that A. B. being a prisoner in the Jail of the said County, (or District), on a charge of having on day of 186 feloniously stolen, &c., (one cow the property of, or as the case may be, stating briefly the offence,) and being brought before me (describe the Judge) on the the 2 day of 186 and asked by me if he consented to be tried before me without the intervention of a jury, consented to be so tried: and that the said A. B. being then arraigned upon the said charge, he pleaded guilty thereof, whereupon I sentence the said A. B. to be (here insert such sentence as the law allows and the Judge thinks right.) Witness my hand this 186 O. K. day of Signature of Judge. SCHEDULE (L.S). Canada, Province of SCHEDULE C. To all or any of the Constables or other Peace Officers in the said County (or District) (as the (County (or District) as the case case may be) of to wit: may be of Whereas it having been made to appear before me, that E. F., in the said County (or District) (or as the case may be,) was likely to give material evidence on behalf of the prosecution or defence (as the case may be) on the trial of a certain charge of (as larceny) (or as the case may be,) against A. B., and that the said E. F., was duly subpoenaed or bound under recognizances to appear on the , 186, at in the said (County or District) (as the case may be,) at o'clock (forenoon or afternoon, as the case may be,) before me to testify what he should know concerning the said charge against the said E. F. day of And whereas proof hath this day been made before me upon oath of such subpoena having been duly served upon the said E. F., or of the said E. F. having been duly bound in recognzances to appear before me, (as the case may be); And whereas the said E. F., hath neglected to appear at the trial and place appointed and no just excuse has been offered for such neglect; These are therefore to command you to take the said E. F., and to bring and have him forthwith before me, to testify what he shall know concerning the said charge against the said A. B., and also to answer his contempt for such neglect. Given under my hand this year of Our Lord 186. day of in the Judge. (L.S) Canada, Province of (County or District) SCHEDULE D. Be it remembered that on the day of in the year of our Lord 186, in the (County or District as the case may be) of E. F. is convicted To wit: before me, for that he the said E. F. did not attend before me to give evidence on the trial of a certain charge against one A. B. of larceny, (or as the case may be) although duly subpoenaed or bound by recognizance to appear and give evidence in that behalf (as the case may be) but made default therein, and hath not shewn before me any sufficient excuse for such default, and I adjudge the said E. F. for his said offence to be imprisoned in the Common Gaol of the (County or District) of space of at for the there to be kept at hard labor (and in case a fine is also intended to be imposed, then proceed.) And I also Given under my hand at trict) of in the said (County or Dis- CAP. XXXVI. An Act respecting the Criminal Law, and to repeal certain enactments therein mentioned. W [Assented to 22nd June, 1869.] HEREAS by the several Acts of the Parliament of Canada, Preamble. passed in the now last Session and present Session thereof respectively, and mentioned in the Schedule A to this Act, divers Acts and parts of Acts and provisions of law, heretofore in force in the late Province of Canada, and in the Provinces of Nova Scotia and New Brunswick, have been assimilated, amended and consolidated, and it is expedient to provide for the repeal thereof, and of so much of any other Acts or provisions of law as may be contrary to or superseded by the said Acts mentioned in Schedule A; Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Schedule B. 1. The Acts and parts of Acts mentioned in Schedule B here- Acts and unto annexed, are hereby repealed, as are also all other Acts and enactments in parts of Acts and provisions of law, contrary to or inconsistent repealed. with the Acts mentioned in Schedule A or any of them, subject to the following provisions: latures. Such repeal shall not extend to matters relating solely to Exception as to subjects subjects as to which the Provincial Legislatures have, under the under control British North America Act, 1867, exclusive powers of legislation, of Local Legisor to any enactment of any such Legislature for enforcing by fine, penalty or imprisonment any law in relation to any such subject as last aforesaid, or to any municipal By-law relating to any offence within the scope of the powers of the municipality: the Dominion, Such repeal shall not extend to any provision of any Act of the Not to affect Parliament of Canada, creating, or providing for the punishment certain Acts of of, any offence against such Act, or for the proceedings for enforc- or Acts ing such provision,-or to any other Act or enactment not men- making protioned as repealed in Schedule B, and not contrary to the Acts same subject vision on the mentioned as Acts in &e. Schedulo A., mentioned in Schedule A, or any of them, but making special provision for the punishment of any offence, or as to the proceedings for the prosecution and conviction of the offender, other than that made in the Acts in Schedule A or any of them for a like purpose; but in any such case the offender may be indicted or otherwise proceeded against, and convicted (summarily or otherwise as the case may be,) and punished, either under any of the Acts mentioned in Schedule A, or any other Act of the Parliament of Canada, or under any such Act or enactment as aforesaid not mentioned as repealed in Schedule B:- As to offences committed and things ruch repeal. Every offence wholly or partly committed against any Act or enactment hereby repealed, prior to such repeal, shall be dealt with, done prior to inquired of, tried, determined and punished, and every penalty in respect of any such offence shall be recovered, in the same manner as if the said Acts and enactments had not been repealed; and every act duly done, and every Warrant and other instrument duly made or granted before such repeal, shall continue and be of the same force and effect as if the said Acts and enactments had not been repealed; and every right, liability, privilege and protection in respect of any matter or thing committed or done before such repeal, shall continue and be of the same force and effect as if the said Acts and enactments had not been repealed, and every action, prosecution or other proceeding commenced before such repeal, or thereafter commenced in respect of any such matter or thing, may be prosecuted, continued and defended as if such Acts and enactments had not been repealed. As to crime of 2. Nothing in any of the Acts mentioned in Schedule A shall High Treason. affect the crime of High Treason, except only as respects cases punishable under the provisions of the Act for the better security of the Crown and of the Government, mentioned in the said Schedule. Special provision as to peremptory warrants in New Bruns wick. 3. The provisions in the Act respecting procedure in criminal cases and other matters relating to criminal law, as to the number challenges and of peremptory challenges allowed to prisoners in criminal cases, shall not apply to any trial to be had in the Province of New Brunswick, before the first day of January, in the year of Our Lord one thousand eight hundred and seventy-one; and until after the said day, a Warrant issued by a Justice of the Peace in the said Province, may as heretofore be executed in any part thereof, without being backed. And as to seals to warrants, there and in other parts of Canada. 4. No provision in any of the Acts mentioned in the said Schedule A requiring any warrant or document issued or granted by any Justice of the Peace, to be under seal, shall apply to any such instrument or document issued or granted in the Province of New Brunswick before the day last aforesaid; and if in any such instrument or document issued in any Province in Canada at any time, it is stated, that the same is given under the hand and seal of any Justice signing it, such seal shall be presumed to have been affixed affixed by him, and its absence shall not invalidate the instrument, or such Justice may at any time thereafter affix such seal with the same effect as if it had been affixed when such instrument was signed. vision as to Scotia. 5. Notwithstanding any provision in any of the Acts mentioned Special proin Schedule A, that any term of imprisonment less than two years imprisonment shall be in some gaol or place of confinement other than the Peni- in New Brunstentiary, any offender sentenced under any such Act before the day wick or Nova last aforesaid in New Brunswick or Nova Scotia, to imprisonment for a term less than two years, may in the discretion of the Court passing such sentence be sentenced to undergo such imprisonment in the Penitentiary of the Province where the sentence is passed, instead of being sentenced to undergo the same in any other gaol or place of confinement, and any such provision as first aforesaid, shall be construed subject to this section. cers to whom mitted in On 6. In all cases when a party who has entered into a recogni- As to the offizance under the Act respecting the duties of Justices of the Peace recognizances out of Sessions, in relation to summary convictions and orders, has are to be transfailed to appear according to the condition of such recognizance, tario and elseand his default has been certified by the Justice or Justices as where. therein provided, the proper Officer to whom the recognizance and certificate of default are to be transmitted in the Province of Ontario, shall be the Clerk of the Peace of the County for which such Justice or Justices are appointed or are acting, and the Court of General Sessions of the Peace for such County shall, at its then next sitting, order all such recognizances to be forfeited and estreated, and the same shall be enforced and collected in the same manner and subject to the same conditions as any fines, forfeitures or amercements imposed by or forfeited before such Court; and in the other Provinces of Canada, the "proper Officer" to whom any such recognizance and certificate shall be transmitted, shall be the Officer to whom like recognizances have been heretofore accustomed to be transmitted under the law in force before the coming into force of the said Act, and such recognizances shall be enforced and collected in the same manner as like recognizances have heretofore been. the Peace. 7. No return purporting to be made by any Justice of the Peace As to returns under the Act last above cited, shall be vitiated by the fact of its by Justices of including, by mistake, any convictions or orders had or made before him in any matter over which any Provincial Legislature has exclusive jurisdiction, or with respect to which he may have acted under the authority of any Provincial law. have the 8. Any Judge of the Sessions of the Peace or any District Certain maMagistrate, in the Province of Quebec, shall in all cases have all gistrates to the powers vested in two Justices of the Peace by any Act men- powers of two tioned in Schedule A, or any other Act relating to Criminal law, in force in that Province. Justices. |