clare the same may, by Proclamation, declare any such County to be again within the powers of this Act. 3 V. c. 11, s. 9. in force. All prosecutions for offen 6. No person shall be prosecuted for any offence done or ces committed committed contrary to the provisions of this Aet, unless the against this Act prosecution be commenced within six months next after to be commen- the offence committed. 3 V. c. 11, s. 10. ced in six months. for any thing menced within six months. Actions against 7. Any action or suit brought against any Justice of the Justices, &c., Peace, Constable, Peace Officer, or other person, for any thing done under this done or acted in pursuance of this Act, must be commenced Act to be com- within six months next after the fact committed, and not afterwards; and the venue in any such action or suit shall be laid in the proper County where the fact was committed, and not elsewhere; and the defendant may plead the general issue, and give this Act and the special matter in evidence in any trial to be had thereupon; and if such action be brought after the time limited for bringing the same, or if the venue be laid in any other place than as aforesaid, then the jury shall find a verdict for the defendant; and in such case, or if the plaintiff becomes non-suit, or discontinues his action after appearance by the defendant, or if the jury find a verdict for the defendant upon the merits, or if upon demurrer judgment be given against the plaintiff, the defendant shall have double costs, as between Attorney and Client, to be recovered in the same manner as in other cases. 1 V. c. 11, s. 8.---See 14, 15 V. c. 54, s. 7. Other protection to Justices, &c. Any person procuring sol liable to impri CAP C. An Act for the punishment of any persons who seduce Soldiers or Sailors to desert Her Majesty's Service. H Legislative Council and Assembly of Canada, enacts as ER Majesty, by and with the advice and consent of the follows: 1. Ifany person other than an enlisted Soldier in Her Majesty's diers or sailors Service, or a Sailor engaged in the Naval Service of Her to desert to be Majesty, by words or with money, or by any ways, methods or sonment in the means whatsoever, directly or indirectly, persuades, encourages, Common Gaol prevails upon, or procures any such Soldier or Sailor to desert or Penitentiary and to a fine, in or leave Her Majesty's Military or Naval Service, such offender is the discretion guilty of a Misdemeanor, and upon conviction before any Court of Oyer and Terminer and General Gaol Delivery in Upper Canada, shall be punished by fine and imprisonment in the Common Gaol of the County in which the conviction takes place, for such period, being less than two years, as the said Court may impose, or by imprisonment at hard labor in the Penitentiary, for a period not less than two years, in the discre tion of the Court. 3 V. c. 3, s. 2. See 14, 15 V. c. 2, s. 2. of the Court. serter liable to 2. If any person other than an enlisted Soldier, or a Sailor Any person engaged in the Naval Service of Her Majesty, conceals, re- harboring a deceives or assists any deserter from Her Majesty's Naval or the same peMilitary Service, knowing him to be a deserter, the person so nalties. offending is guilty of a Misdemeanor, and upon conviction before any such Court as aforesaid shall be liable to the same punishments mentioned in the preceding section of this Act. 3 V. c. 3, s. 3. CAP. CI. An Act respecting Forgery and Perjury in certain cases. HER Majesty, by and with the advice and consent of the follows: 1-FORGERY. them to be 1. Any person who forges any seal, stamp or signature of any Punishment of document mentioned or referred to in the Act respecting Wit- persons forging documents, nesses and Evidence, or who tenders in evidence any such docu- &c., or using ment with a false or counterfeit seal, stamp or signature thereto, them knowing knowing the same to be false or counterfeit, is guilty forged. of felony, and shall be imprisoned in the Penitentiary for any term not exceeding ten years, or be imprisoned in any Common Jail or house of correction with hard labor for any term not exceeding one year, nor less than two months. 16 V. c. 19, 8. 11. may be im 2. Whenever any such document has been admitted in evi- Documents dence, the Court or the person who has admitted the same, may, pounded on reat the request of any party against whom the same has been quest of party admitted in evidence, direct that the same shall be impounded against whom and be kept in the custody of some Officer of the Court or been used. other proper person, for such period and subject to such conditions as to the said Court or person seems meet. 16 V. c. 19, s. 11. it may have sons forging the seals of any Division Courts. 3. Any person who forges the seal or any process of any Di- Offence of pervision Court, or serves or enforces any such forged process, knowing the same to be forged, or who delivers or causes to be delivered to any person any paper falsely purporting to be a copy of any summons or other process of any such Court, knowing the same to be false, or who acts or professes to act under any false color or pretence of the process of any such Court, is guilty of felony. 13, 14 V. c. 53, s. 86. tures, &c. 4. Any person who forges any signature to any affidavit Punishment for made or taken under the Common Law Procedure Act, or who forging signauses or tenders in evidence any such affidavit with any false, forged or counterfeited signature thereto, knowing the same to be false, forged or counterfeit, is guilty of felony, and shall be imprisoned Penalty on per bentures, &c. imprisoned at hard labor in the Penitentiary for any term not more than ten years nor less than four years. 19 V. c. 43, s. 40. 5. Any person who forges or counterfeits any Debenture sons forging de- issued under the authority of any Act, providing for the accommodation of the Superior Courts, or any stamp, indorsement or writing thereon or therein, or who demands to have such counterfeited debenture, or any debenture with such counterfeited writing or other indorsement thereon or therein, exchanged for money by any person, liable or required to exchange the same, or by any other person, knowing the debenture so tendered or the indorsement or writing thereon or therein to be so forged or counterfeited, with intent to defraud Her Majesty, or the person appointed to pay the same, or any other person or persons, body or bodies politic, or corporate, is guilty of felony, and shall suffer such punishment as may be adjudged in that behalf, not exceeding imprisonment in the Penitentiary for seven years. 9 V. c. 33, s. 3,—22 V. c. 31. (1859). Forging certificates in case of criminal 6. Any person who forges or alters, or offers, utters, disposes of, or puts off, knowing the same to be forged or altered, any cer points reserved. tificate, or copy, certified under the Act respecting the reser vation of points of law in Criminal cases tried at any Assizes, Quarter Sessions, or Recorder's Court, by a Chief Justice or Senior Judge, or by a Clerk of Assize, Clerk of the Peace or Recorder's Clerk, with intent to cause any person to be discharged from custody, or otherwise to prevent the course of justice, is guilty of felony, and shall be imprisoned in the Penitentiary for any period not more than seven nor less than three years. 14, 15 V. c. 13, s. 6. Where offend 7. Every person charged with committing any felony under ers to be tried. this Act, may be dealt with, indicted, tried, and, if convicted, be sentenced, and the offence may be laid and charged to have been committed in the county or place in which he may be apprehended or is in custody. 19 V. c. 43, s. 40. Accessories. Trial, punish making false 8. Every accessory before or after the fact to any such offence, may be dealt with, indicted, tried, and, if convicted, sentenced, and his offence may be laid and charged to have been com mitted in any county or place in which the principal offender may be tried. 16 V. c. 19, s. 11,--19 V. c. 43, s. 40. 2---PERJURY. 9. Any person who wilfully and corruptly makes any false ment, &c., for affidavit out of Upper Canada, before any Chief Justice or affidavits out of other Officer or Functionary authorized to take the same under Upper Canada. the Common Law Procedure Act, shall be deemed guilty of perjury, in like manner as if such false affidavit had been made made in Upper Canada before competent authority, and he may be dealt with, indicted, tried, and, if convicted, be sentenced, and the offence may be laid and charged to have been committed in that county or place where he has been apprehended or is in custody. 19 V. c. 43, s. 40. CAP. CII. An Act respecting the punishment of Persons illegally solemnizing Marriage in Upper Canada. H' ER Majesty, by and with the advice and consent of the follows: ing Ministers riage. 1. Any person who, not being a Clergyman or Minister of a Punishment of religious denomination existing in Upper Canada, solemnizes persons not beor pretends to solemnize matrimony in Upper Canada, or pretending to falsely personates any Clergyman or Minister for the purpose solemnize marof officiating at any such ceremony, is guilty of a misdemeanor, and shall be imprisoned in the Penitentiary for a period not less than two years, or suffer such other punishment, either by fine, or imprisonment less than two years, or by both, as may be deemed meet and just; and it shall rest upon the person accused of such offence to prove the fact of his being a duly ordained or appointed Minister or Clergyman of the religious denomination to which he professes to belong, and that such denomination had, at the time of the solemnization of the marriage, a known existence in Upper Canada. 20 V. c. 66, s. 5. ing persons not 2. Any person who knowingly procures any other person not Punishment of being a Minister or Clergyman of some religious denomination persons procurexisting in Upper Canada, to perform the ceremony of matri- Ministers to mony, or knowingly aids or abets any such pretended Clergy- pretend to marman or Minister in performing such ceremony, is guilty of a misdemeanor, and shall be liable to the punishment expressed in the preceding section of this Act. 20 V. c. 66, s. 6. ry, &c. have jurisdic 3. Any Clergyman or Minister, legally authorized to so- Quarter Seslemnize marriage within Upper Canada, who knowingly or wil- sions not to fully solemnizes marriage therein without publication of bans, tion over such or without license of marriage first had and obtained from offence. some person having authority to grant the same, is guilty of a misdemeanor, and shall be punished accordingly; But such offence shall not be cognizable at any Court of Quarter Sessions. 2 G. 4, c. 11, s. 1. two years. 4. No prosecution for any offence against the last section Prosecution of this Act shall be commenced after two years from the time must be within of the offence committed; and in every such prosecution, wherein the legal authority of any person to solemnize Proof of legal marriage within Upper Canada comes in question, the proof solemnize marof authority shall be upon the defendant. 2 G. 4, c. 11, ss. 1, 2. riage shall be САР. authority to on defendant. Jury not to be directed to return a verdict of guilty on the mere proof of the publication and of the sense ascribed. Averments in actions for slander or libel Defendant may prove in mitioffered a writ gation that he ten apology. Defendant may plead that the libel was insert An Act respecting Slander and Libel. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. On the trial of any action, indictment or information, for the making or publishing any libel, on the plea of not guilty pleaded, the jury sworn to try the issue may give a general verdict of guilty or not guilty upon the whole matter put in issue in such action, indictment or information, and shall not be required or directed by the Court or Judge before whom such action, indictment or information is tried, to find the defendant guilty, merely on the proof of publication by such defendant of the paper charged to be a libel, and of the sense ascribed to the same in such action, indictment or information; but the Court or Judge before whom such trial is had, shall, according to the discretion of such Court or Judge, give the opinion and direc tions of such Court or Judge to the jury on the matter in issue, as in other cases; and the jury may on such issue find a special verdict, if they think fit so to do, and the defendant, if found guilty, may move in arrest of judgment on such ground and in such manner as he might have done before the passing of this Act. 13, 14 V. c. 60, s. 1. 2. In actions of libel and slander, the Plaintiff may aver that the words or matter complained of were used in a defamatory sense-specifying such defamatory sense without any prefatory averment to show how such words or matter were used in that sense, and such averment shall be put in issue by the denial of the alleged libel or slander; and where the words or matter set forth, with or without the alleged meaning, show a cause of action, the declaration shall be sufficient. 19 V. c. 43, s. 110. 3. In any action for defamation when the defendant has pleaded not guilty only, or has suffered judgment by default, or judgment has been given against him on demurrer, he may give in evidence in mitigation of damages, that he made or offered a written or printed apology to the plaintiff for such defamation, before the commencement of the action, or in case the action was commenced before there was an opportunity of making or offering such apology, that he did so as soon afterwards as he had an opportunity. 13, 14 V. c. 60, s. 2. 4. In an action for libel contained in any public newspaper or other periodical publication, the defendant may plead that ed without ma- such libel was inserted in such newspaper or other periodical negligence, and publication, without actual malice, and without gross neglithat he pub- gence, and that before the commencement of the action, or at lished or offered the earliest opportunity afterwards, he inserted in such news lice or gross paper |