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TABLE OF OFFENCES UNDER TITLE VI.-Continued.'

195

198

490 Obstructing of construction or free
use of railway..

496

199

492 Destroying, damaging, or obstructing
telegraphs, telephones, electric lights,
fire alarms, etc
Wrecking
Attempting to wreck
Wilfully altering removing or con-
cealing marine signals, buoys, etc..
Wilfully preventing the saving of a
wrecked vessel..
Wilfully preventing the saving of
wreck. (1).

496

200

(b)

C

(a)

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196

(i)

197 (i)

D

(a)

(d)

(e)

(f)

(g) j

(h)

INDICTABLE OFFENCES.

OFFENCE.

(c)

((a)

(b) Wilfully damaging navigation signals,

etc

(c) Wilfully damaging a river or sea
bank, etc....

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Injuring rafts, booms, piers, etc.
Mischief to mines.

MISCHIEF.

Wilfully damaging a ship, house, etc.,
and causing danger to life.
Wilfully damaging a river or sea bank
dyke, etc., and causing danger of
inundation...

Damaging bridges viaducts, aque-
ducts, etc., and rendering same or
highway or railway etc., dangerous
or impassable....
Damaging railway with intent to ren-
der it impassable....
Wilfully damaging a ship in distress,

etc.

Wilfully destroying or injuring cattle
by killing maiming, etc.....
Wilfully damaging ship with intent

to render it useless..

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(e) Mischief (by night) to any property
worth $20....

PUNISHMENT.

Two years.

Two years.
Life

Fourteen years..

Seven years......

Seven years..

Two years.

Two years.
Seven years..

Life.

Life......

Life..

Life....

Fourteen years....

Fourteen years...........

Seven years.

Seven years..

Seven years...

Seven years..

Seven years..

Seven years..

Seven years.....

Five years....

Five years.

Five years

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(1) This is punishable summarily, by fine, ($400), or 6 months imprison

ment.

No.

201

201 202

211

TABLE OF OFFENCES UNDER TITLE VI.-Continued.

ᎪᏒᎢ .

203 502 204 503

205 504 206

213

500

501

210 520

204

Written threats to injure cattle.
Injuring poll-books, voters' lists and
other election ducuments..
Injuries to building by tenants..
505 Injuring Provincial, Municipal, etc.,
boundary marks

....

207 506

Injuries to other land-marks 208 508 Injuring trees to the amount of twenty

209 509

E

(a) Mischief to any property, worth $20
by day..

212 521

520

212

521

521

205 523

206 524

207 525

210 526

211 527

INDICTABLE OFFENCES.

528
529

OFFENCE.

Attempt to maim or kill cattle..
Killing maiming or injuring other
animals after another conviction...

PUNISHMENT.

Conspiracies (not hereinbefore pro-
vided for) to commit indictable
offence (5)..

Two years.

Attempts (not before provided for) to
commit indictable offence..

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Seven years.

Two years.....

Fine $100 or 3 months..

Fine $400, or two years:
or both........

TRIBUNAL.

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Fine $4000 or two years. Sup. Ct. of Cr. Juris,
Fine $10,000....

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Fine $100 or 3 months.. Either Sup. Ct. Cr.
Juris., or Geul or
Quar. Sess.

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Either Sup. Ct. Cr.
Juris., or Genl. or
Quar. Sess.
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(1) See Art 934, post, as to regulation of fine.

(2) See Art. 951, post.

(3) This offence may be prosecuted either by indictment or summarily.

(4) These may be dealt with summarily as well as by indictment.

(5) A conspiracy to commit an indictable offence is not triable in a Court of General or Quarter Sessions unless the indictable offence is so triable. (Art. 540, post.)

==

No. ART.

213

TABLE OF OFFENCES UNDER TITLE VI.-Continued.

5531 532

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With the exception of Nos 210, 211, (Combinations in Restraint of Trade), over which the Superior Courts of Criminal Jurisdiction have exclusive jurisdiction, all the indictable offences dealt with in Title VI, and mentioned in the foregoing table, are triable by a court of General or Quarter Sessions, which has, over them, concurrent jurisdiction with the Superior Courts of criminal jurisdiction. See Art. 540, post.

Summary Trials.-Under Part LV. post, provision is made for the summary trial of certain indictable offences. For instance, it is, by Article 783, provided (amongst other things), that, whenever a person is charged before a Magistrate with having stolen, or obtained by false pretences, or received anything of a value not exceeding ten dollars, the Magistrate may, with the consent of the accused, try the accused summarily; and Article 784 provides that in the case of a seafaring person, transiently in Canada, being charged,-within the cities of Quebec or Montreal, or any sea port city or town in Canada,-with the commission of any of the offences mentioned in Article 783, the summary jurisdiction of magistrates shall be absolute; and the same Article, 784, makes the summary jurisdiction of a Stipendiary Magistrate in Prince Edward Island and of a Magistrate in the District of Keewatin, absolute, in respect of all the offences mentioned in Article 783.

In the Province of Ontario, Police Magistrates and Stipendiary Magistrates are empowered by Article 785, post, to try summarily, with the accused's consent, any person charged with any offence triable in a Court of General or Quarter Sessions.

64

By Articles 797, 798 and 799, post, it is provided, in reference to summary trials of indictable offences that, whenever the magistrate finds the offence not proved, he shall dismiss the charge, and make out and deliver, to the person charged, a certificate under his hand stating the fact of such dismissal; " that, "every conviction under this part shall have the same effect as a conviction upon indictment for the same offence," and, that, "every person who obtains a certificate of dismissal, or is convicted under the provisions of this part, shall be released from all further or other criminal proceedings for the same cause."

Provisions similar to these are contained in the Imperial Statute, 42-43 Vict., c. 49. (The Summary Jurisdiction Act 1879.); and it has been held, in England,

(1) In cases (not otherwise provided for) of attempts to commit, or of accessories after the fact to an indictable offence the punishment will be seven years, when the indictable offence itself is punishable by fourteen years or more, (See Articles 528 and 531), or one half of the longest term of imprisonment for the indictable offence itself when such longest term is less than fourteen years (See Articles 529 and 532).

Cases of attempt to commit or of being accessory after the fact to an indictable offence are not triable in a Court of General or Quartor Sessions, unless the offence itself is so triable. (Art. 540, post.)

that when a case so summarily dealt with has been dismissed by the Magistrate or Justice, on its merits, the defendant has the right, ex debito justitiæ, to receive from the Magistrate or Justice, the certificate of dismissal, and that the clause which refers to the making out of the certificate, and which contains the word forthwith, means that such certificate is to be made out forthwith on the defendant making application for it. (1)

The certificate of dismissal should only be granted, when there has been a full hearing upon the merits. If the certificate is granted on a withdrawal of the charge, before hearing, it will be no bar to subsequent proceedings for the same offence. (2)

Fines.-Sureties.-Articles 958, post, empowers the Tribunal, in addition to the infliction of punishment, to order security for the convicted offender's future good behaviour, and provides. also, that, on conviction for any offence punishable with imprisonment for five years or less, the offender may be fined, in addition to or in lieu of any punishment otherwise authorized.

Restitution.-Articles 803 and 838, post, provide for the restoration of stolen property to the owner after the conviction of the thief or the receiver; or even without a conviction, on satisfactory proof of ownersh p.

Article 836 also provides that, upon the trial of an indictment, the Court may render against the offender, when convicted, a judgment. awarding, to the aggrieved party, compensation to the extent of one thousand dollars for loss of property suffered by means of the offence.

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(1) Hancock v. Somes, 1 E. & E. 795; 28 L. J (M. C.) 16. See comments at pp. 183 and 184, ante.

(2) Reed v. Nutt, 24 Q. B. D. 669.

(3) This is in addition to the value of the animal, bird, or article in question. (4) This offence, when committed after a previous conviction, is indictable. (See p. 496. ante.)

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TABLE OF OFFENCES UNDER TITLE VI.-Continued.

342

25

381

382

382

352 Stealing or injuring things in Indian
Graves......

392

393

442

450

451

NON-INDICTABLE OFFENCES.

464

OFFENCE.

Stealing cultivated roots, etc., in land
not being a garden, etc....

Secreting wreck, or receiving, or
keeping it (1)

Buying marine stores from persons
under sixteen

Receiving Marine Stores before sun-
rise or after sunset
Unlawfully possessing public stores of
a value not exceeding $25 (2).
Not satisfying justices of lawful pos-
session of public stores..
Unlawfully dredging for stores..
Receiving regimental necessaries (3).
Receiving necessaries from Marine or

Deserter........
Receiving a seaman's property by
purchase, exchange, or pawn.......
Not satisfying Justice of lawful posses-
sion of seaman's property
Printing or using circulars, business
cards, etc., in the likeness of bank-
notes, etc.....

Falsely representing goods as manu-
factured for Her Majesty or any
Government...
452 Unlawfully importing goods liable to
forfeiture under Part XXXIII
Personation at any Qualifying or Com-
petitive Examination (5).
Manufacturing or importing uncur-
rent copper coin (6)....

457

PUNISHMENT.

Penalty $5; or 1 month;
h. 1 2nd offence; 3
months; h. I.

Penalty $100; or 3 months
2nd offence: $100 and
3 months; h. 1..

Fine $100, or 3 months;
or both..

Offences against provisions of Part
XXXIII, as to Trade Marks (4).... Four monthsor$100, fine;
2nd offence six months
or $250, fine...

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Penalty$400; or 6 months Summary [Two Justices.] Penalty $4,2 doffence $6 Summary.

Penalty $5,2nd offence $7 do

TRIBUNAL.

Summary.

Fine, $100; or 6 months Summary [Two Jus-
tices.]
Fine $25...
Fine, 25, or 3 months..
Penalty $40, or 6 months

****

Penalty $120, or 6 months

Penalty $100; 2nd offence

Penal:y $100; or 6 mths Summary.
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Fine $25.

Penalty $100..

Penalty $500....

One year. or $100, fine..

Penalty $20 for every
pound weight of the
coin; and forfeiture..
Penalty $10

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26 476

Uttering defaced coin (6)...

27 477 Uttering uncurrent copper coin (6).... Penalty; double the no

minal value of the

coin, In default 8 days. Summary.

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Summary [Two Jus[tices.]

(1) This offence is also indictable. (See p. 497, ante.

(2) When the value is over $25, this offence is indictable (See p. 497, ante.) (3) This is also indictable. (See p. 497, ante).

(4) This is also indictable. (See p. 499, ante).

(5) This, also is an indictable offence. See p. 500, ante).

(6) As to cutting or bending suspected base coin, and as to seizure, and forfeiture, etc., of unlawfully manufactured or imported coin, see secs. 26-31, and 34, R-S.C. 167, set out at pp. 425 and 126, ante.

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