Publication by order of a legislative body may be

pleaded. [3-4 V., s. 1.]

34,

c. 9,

or knowledge, and that such publication did not arise from want of due care or caution on his part. 37 V., c, 38, s. 10.

6. Every person against whom any criminal proceedings are commenced or prosecuted in any manner for or on account of or in respect of the publication of any report, paper, votes or proceedings, by such person or by his servant, by or under the authority of any Legislative Council, Legislative Assembly or House of Assembly, may bring before the court in which such proceedings are so commenced or prosecuted, or before any judge of the same, first giving twenty-four hours' notice of his intention so to do, to the prosecutor in such Certificate to proceedings, or to his attorney or solicitor, a certificate under be produced. the hand of the speaker or clerk of any Legislative Council, Legislative Assembly or House of Assembly, as the case may be, stating that the report, paper, votes or proceedings, as the case may be, in respect whereof such criminal proceedings have been commenced or prosecuted, was or were published by such person, or by his servant, by order or under the authority of any Legislative Council, Legislative Assembly or House of Assembly, as the case may be, together with an affidavit verifying such certificate; and such court or judge shall thereupon immediately stay such criminal proceedings, and the same shall be and shall be deemed and taken to be finally put an end to, determined and superseded by virtue hereof. 24 V. (P.E.I.), c. 31, s. 1.

Its effect.

Copy of report, &c., with affidavit of correctness may be laid before the

court.

7. In case of any criminal proceedings hereafter commenced or prosecuted for or on account or in respect of the publication of any copy of such report, paper, votes or proceedings, the defendant, at any stage of the proceedings, may lay before the court or judge such report, paper, votes or proceedings, and [3-4 V., c. 9. such copy, with an affidavit verifying such report, paper, votes or proceedings, and the correctness of such copy; and the court or judge shall immediately stay such criminal proceedings, and the same shall be and shall be deemed to be finally put an end to, determined and superseded by virtue hereof. 24 V. (P.E.I.), c. 31, s. 2.

8. 2.]

In prosecution

extract, report, &c., may be given in evid

ence.

S. In any criminal proceeding commenced or prosecuted, for publishing for printing any extract from or abstract of any such report, paper, votes or proceedings, such report, paper, votes or proceedings may be given in evidence, and it may be shown [3-4 V., c. 9, that such extract or abstract was published bona fide and without malice, and if such is the opinion of the jury, a verdict of not guilty shall be entered for the defendant. 24 V. (P.E.I.), c. 31, s. 3.

8.3.]

P

OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most

Excellent Majesty.

CHAPTER 164.

An Act respecting Larceny and similar Offences.

HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE.

1. This Act may be cited as "The Larceny Act."

INTERPRETATION.

A. D. 1886.

Short title.

Interpretation.

66

goods."

2. In this Act, unless the context otherwise requires,(a.) The expression "document of title to goods" includes "Document any bill of lading, India warrant, dock warrant, warehouse- " of title to keeper's certificate, warrant or order for the delivery or trans- [24-25 V., c. fer of any goods or valuable thing, bought and sold note, or 56, s. 1.1 any other document used in the ordinary course of business as proof of the possession or control of goods, authorizing or purporting to authorize, either by indorsement or by delivery, the possessor of such document to transfer or receive any goods thereby represented or therein mentioned or referred to; (b.) The expression "document of title to lands" includes "Document any deed, map, paper or parchment, written or printed, or lands. partly written and partly printed, being or containing evidence of the title, or any part of the title, to any real property, or to any interest in any real property, or any notarial or registrar's copy thereof, or any duplicate instrument, memorial, certificate or document authorized or required by any law in force in any part of Canada, respecting registration of titles, and relating to such title;

(r.) The expression "trustee " means a trustee on some express trust created by some deed, will or instrument in writing, or a trustee of personal property created by parol, and includes the heir or personal representative of any such trustee, and every other person upon or to whom the duty of such trust has devolved or come, and also an executor and administrator, and an official manager, assignee, liquidator or other like officer acting under any Act relating to joint stock companies, bankruptcy or insolvency, and any person who is, by the law of the Province of Quebec, an "administrateur; and the expression "trust," includes whatever is by that law an "administration;

"of title to

Trustee."

Valuable security."

Property."

"Cattle.'

(d.) The expression "valuable security" includes any order, exchequer acquittance or other security whatsoever, entitling or evidencing the title of any person or body corporate to any share or interest in any public stock or fund, whether of Canada or of any Province thereof, or of the United Kingdom, or of Great Britain or Ireland, or of any British colony or possession, or of any foreign state, or in any fund of any body corporate, company or society, whether within Canada or the United Kingdom, or any British colony or possession, or in any foreign state or country, or to any deposit in any savings bank or other bank, and also includes any debenture, deed, bond, bill, note, warrant, order or other security whatsoever, for money or for payment of money, whether of Canada or of any Province thereof, or of the United Kingdom, or of any British colony or possession, or of any foreign state, and any document of title to lands or goods as hereinbefore defined, and any stamp or writing which secures or evidences title to or interest in any chattel personal, or any release, receipt, discharge or other instrument evidencing payment of money, or the delivery of any chattel personal; and every such valuable security shall, where value is material, be deemed to be of value equal to that of such unsatisfied money, chattel personal, share, interest or deposit, for the securing or payment of which, or delivery or transfer or sale of which, or for the entitling or evidencing title to which, such valuable security is applicable, or to that of such money or chattel personal, the payment or delivery of which is evidenced by such valuable security;

(e.) The expression "property includes every description. of real and personal property, money, debts and legacies, and all deeds and instruments relating to or evidencing the title or right to any property, or giving a right to recover or receive any money or goods,-and also not only such property as was originally in the possession or under the control of any person, but also any property into or for which the same has been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise,-and also any postal card, postage stamp or other stamp issued or prepared for issue by the authority of the Parliament of Canada, or of the Legislature of any Province of Canada, for the payment of any fee, rate or duty whatsoever, and whether still in the possession of the Crown, or of any person or corporation, or of any officer or agent of the Government of Canada, or of the Province by the authority of the Legislature whereof it was issued or prepared for issue; and such postal card or stamp shall be held to be a chattel, and to be equal in value to the amount of the postage, rate or duty which can be paid by it, and is expressed on its face in words or figures, or both;

(f.) The expression "cattle" includes any horse, mule, ass, swine, sheep or goat, as well as any neat cattle or animal

of the bovine species, and whatever is the age or sex of the animal, and whether castrated or not, and by whatever technical or trivial name it is known, and shall apply to one animal as well as to many;

(g.) The expression "banker" includes any director of any "Banker.” incorporated bank or banking company;

(h.) The expression "writing" includes any mode in which "Writing." and any material on which words or figures at length or abridged are written, printed or otherwise expressed, or any map or plan is inscribed;

tary instru

(.) The expression "testamentary instrument" includes any "Testamenwill, codicil or any other testamentary writing or appointment, ent." as well during the life of the testator whose testamentary disposition it purports to be, as after his death, whether the same relates to real or personal property, or both;

(j.) The expression "municipality" includes the corporation Municipa of any city, town, village, township, parish or other territorial "lity." or local division of any Province of Canada, the inhabitants whereof are incorporated or have the right of holding property

for

any purpose;

(k.) The night shall, for the purpose of this Act, be deemed "Night." to commence at nine of the clock in the evening of each day, and to conclude at six of the clock in the morning of the next succeeding day, and the day shall include the remainder of the twenty-four hours;

custody or

(.) Whenever the having anything in the possession of any Having in person is in this Act expressed to be an offence, then if any possession. person has any such thing in his personal custody or possession, or knowingly or wilfully has any such thing in any dwellinghouse or other building, lodging, apartment, field or other place, open or inclosed, whether belonging to or occupied by himself or not, and whether such matter or thing is so had for his own use or benefit or for that of another, such person shall be deemed to have such matter or thing in his custody or possession within the meaning of this Act, and if there are two or more persons, any one or more of whom, with the knowledge and consent of the rest, has any such thing in his or their custody or possession, it shall be deemed and taken to be in the custody and possession of all of them. 32-33 V., c. 21, s. 1;— 35 V., c. 33, s. 1, part ;-40 V., c. 29, s. 1.

SIMPLE LARCENY.

same nature.

3. Every larceny, whatever is the value of the property All larcenies stolen, shall be deemed to be of the same nature, and shall be to be of the subject to the same incidents in all respects as grand larceny [24-25 V., c was before the distinction between grand and petit larceny 96, s. 2.] was abolished. 32-33 V., c. 21, s. 2.

4. Every one who, being a bailee of any chattel, money or Bailee franduvaluable security, fraudulently takes or converts the same to lently convert

ing property,

guilty of
larceny.
[24-25 V., c.
96, s. 3.]

Punishment for simple larceny.

[24-25 V., c. 96, s. 4.]

Larceny after a conviction

for felony.

his own use or to the use of any person other than the owner thereof, although he does not break bulk or otherwise determine the bailment, is guilty of larceny, and may be convicted thereof upon an indictment for larceny; but this section shall not extend to any offence punishable on summary conviction. 32-33 V., c. 21, s. 3.

5. Every one who commits simple larceny or any felony hereby made punishable in the same manner as simple larceny, is guilty of a felony, and, except in the cases hereinafter otherwise provided for, is liable to seven years' imprisonment. 32-33 V., c. 21, s. 4;-40 V., c. 29, s. 3.

6. Every one who, having been convicted either summarily or upon indictment of a felony, commits the offence of simple [24-25 V., c. larceny, is guilty of felony, and liable to ten years' imprison32-33 V., c. 21, s. 7.

96, s. 7.]

ment.

Stealing cattle.

[24-25 V., c. 96, s. 10.] Killing ani

tent to steal

the carcass,

STEALING CATTLE, ETO.

7. Every one who steals any cattle is guilty of felony, and liable to fourteen years' imprisonment. 32-33 V., c. 21, s. 10.

8. Every one who wilfully kills any animal, with intent to mals with in steal the carcass, skin or any part of the animal so killed, is guilty of felony, and liable to the same punishment as if he had been convicted of feloniously stealing the same, provided the offence of stealing the animal so killed would have amounted to felony. 32-33 V, c. 21, s. 11.

&c.

[24-25 V., c. 96, s. 11.]

Stealing dogs,

ordinarily

kept in confinement and

not subjects of

larceny at

9. Every one who steals any dog, or any bird, beast or other beasts or birds animal ordinarily kept in a state of confinement or for any domestic purpose, or for any lawful purpose of profit or advantage, not being the subject of larceny at common law, or wilfully kills any such dog, bird, beast or animal, with intent to steal the same, or any part thereof, shall, on summary convic tion, be liable to a penalty not exceeding twenty dollars over and above the value of the dog, bird, beast or other animal, or to one month's imprisonment with hard labour:

common law.

[24-25 V., c.

96, s. 18-21.]

Second offence.

Killing or taking pigeons. [24-25 V., c. 96, s. 23.]

2. Every one who, having been convicted of any such offence either against this or any other Act or law, afterwards commits any offence in this section mentioned, is liable to three months' imprisonment with hard labour. 32-33 V., c. 21, s. 12.

10. Every one who unlawfully and wilfully kills, wounds or takes any house-dove or pigeon under such circumstances as do not amount to larceny at common law, shall, on summary conviction, be liable to a penalty not exceeding ten dollars over and above the value of the bird. 32-33 V., c. 21, s. 13.