TABLE OF OFFENCES UNDER TITLE VI.-Continued.' 195 198 490 Obstructing of construction or free 496 199 492 Destroying, damaging, or obstructing 496 200 (b) C (a) 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 Injuring rafts, booms, piers, etc. MISCHIEF. Wilfully damaging a ship, house, etc., Damaging bridges viaducts, aque- etc. Wilfully destroying or injuring cattle to render it useless.. (e) Mischief (by night) to any property PUNISHMENT. Two years. Two years. Fourteen years.. Seven years...... Seven years.. Two years. Two 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 (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. .... 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 $20 212 521 520 212 521 521 205 523 206 524 207 525 210 526 211 527 INDICTABLE OFFENCES. 528 OFFENCE. Attempt to maim or kill cattle.. PUNISHMENT. Conspiracies (not hereinbefore pro- Two years. Attempts (not before provided for) to Seven years. Two years..... Fine $100 or 3 months.. Fine $400, or two years: TRIBUNAL. do do do do Fine $4000 or two years. Sup. Ct. of Cr. Juris, do Fine $100 or 3 months.. Either Sup. Ct. Cr. do Either Sup. Ct. Cr. do do do do do do do do do do (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 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. (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.) TABLE OF OFFENCES UNDER TITLE VI.-Continued. 342 25 381 382 382 352 Stealing or injuring things in Indian 392 393 442 450 451 NON-INDICTABLE OFFENCES. 464 OFFENCE. Stealing cultivated roots, etc., in land Secreting wreck, or receiving, or Buying marine stores from persons Receiving Marine Stores before sun- Deserter........ Falsely representing goods as manu- 457 PUNISHMENT. Penalty $5; or 1 month; Penalty $100; or 3 months Fine $100, or 3 months; Offences against provisions of Part do 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- **** Penalty $120, or 6 months Penalty $100; 2nd offence Penal:y $100; or 6 mths Summary. Fine $25. Penalty $100.. Penalty $500.... One year. or $100, fine.. Penalty $20 for every do do do do do Summary [Two Justices.] Summary. do do do do do do do 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. do 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. |