bour, as the justice thinks fit, for any term not exceeding two months, unless such sum and costs be sooner paid: ProNot to extend vided that nothing herein contained shall extend to any case to certain cases. Section 60 to extend to trees. Making or powder, &c., with intent to commit any felony against this Act. Justices may issue warrants powder, &c. where the party acted under a fair and reasonable supposition that he had a right to do the act complained of, nor to any trespass, not being wilful and malicious, committed in hunting, fishing, or in the pursuit of game; but every such trespass shall be punishable in the same manner as if this Act had not been passed. 61. The provisions in the last preceding section contained shall extend to any person who unlawfully or maliciously commits any injury to any tree, sapling, shrub, or underwood, for which no punishment is herein before provided. Making gunpowder to commit offences, and searching for the same. 62. Whosoever makes or manufactures, or knowingly has in his possession any gunpowder or other explosive substance, or any dangerous or noxious thing, or any machine, engine, instrument or thing, with intent thereby, or by means thereof to commit, or for the purpose of enabling any other person to commit any of the felonies in this Act mentioned, is guilty of a misdemeanor, and shall be liable to be imprisoned in any gaol or place of confinement, for any term less than two years, with or without hard labour, and with or without solitary confinement. 63. Any Justice of the Peace of any district, county or for searching place, in which any machine, engine, implement or thing, houses, &c., or any gunpowder or other explosive, dangerous, or noxfor such gun- ious substance is suspected to be made, kept or carried, for the purpose of being used for committing any of the felonies in this Act mentioned, upon reasonable cause assigned upon oath by any person, may issue a warrant, under his hand and seal, for searching in the day time, any house, mill, magazine, storehouse, warehouse, shop, cellar, yard, wharf, or other place, or any carriage, waggon, cart, ship, boat or vessel, in which the same is suspected to be made, kept or carried for such purpose as herein before mentioned; and every person acting in the execution of any such warrant may seize any gunpowder, explosive substance, or any dangerous or noxious thin g, or any machine, engine or instrument or thing which he has good cause to suspect is intended to be used in committing or enabling any other person to commit any offence against this Act, and with all convenient speed after the seizure shall remove the same to such proper place as he thinks fit, and detain the same until ordered, by a a judge of one of Her Majesty's Superior Courts of criminal jurisdiction, to restore it to the person who may claim the same. seizer not to 64. The searcher or seizer shall not be liable to any suit Searcher or for such detainer, or for any loss of or damage which may be able to happen to the property other than by the wilful act or ne- suit. glect of himself or of the persons whom he intrusts with the keeping thereof. how such 65. Any gunpowder, explosive substance or dangerous or In cases of noxious thing, or any machine, engine, instrument or thing conviction, intended to be used in committing or enabling any other articles shall person to commit any offence against this Act, and seized be disposed of, and taken possession of under the provisions hereof, shall, in the event of the person in whose possession the same may be found, or of the owner thereof being convicted for any offence under this act, be forfeited; and the same shall be sold under the direction of the court before which any such person is convicted, and the proceeds thereof shall belong to the Province in which the offender is convicted, and shall be paid to the chief financial officer thereof for the use of such Province. Other matters. necessary. 66. Every punishment and forfeiture by this act imposed Malice against on any person maliciously committing any offence, whether owner unthe same be punishable upon indictment or upon summary conviction, shall equally apply and be enforced, whether the offence be committed from malice conceived against the owner of the property in respect of which it shall be committed, or otherwise. possession of 67. Every provision of this act not herein before so ap- Act to apply plied, shall apply to every person who, with intent to injure to persons in or defraud any person, does any of the acts herein before property made penal, although the offender be in possession of the injured. property against or in respect of which such act is done. persons need in indictment. 68. It shall be sufficient in any indictment for any offence Intent to inagainst this act, where it is necessary to allege an intent to jure particular injure or defraud, to allege that the party accused did the not be stated act with intent to injure or defraud (as the case may be) without alleging an intent to injure or defraud any particuperson; and on the trial of any such offence it shall not be necessary to prove an intent to injure any particular person, but it shall be sufficient to prove that the party accused did the act charged with an intent to injure or defraud, as the case may be. lar Persons in act offence may be apprehended. 69. Any person found committing any offence against of committing this act, whether the same be punishable upon indictment or upon summary conviction, may be immediately apprehended, without a warrant, by any peace officer, or the owner of the property injured, or his servant, or any person authorized by him, and forthwith taken before some neighboring Justice of the Peace, to be dealt with according to law. Abettors in ishable on summary conviction. 70. Whosoever aids, abets, counsels or procures the comoffences pun- mission of any offence which is by this act punishable on summary conviction, either for every time of its commission, or for the first and second time only, or for the first time only, shall, on conviction before a Justice of the Peace, be liable for every first, second, or subsequent offence, of aiding, abetting, counselling or procuring, to the same forfeiture and punishment to which a person guilty of a first, second, or subsequent offence as a principal offender is by this act made liable. If a person summarily convicted 71. In every case of a summary conviction under this act, where the sum forfeited for the amount of the injury does not pay done, or imposed as a penalty by the justice, is not paid, the fine im posed, &c., the Justice may commit him. Justice may discharge offender in . certain cases Summary conviction a bar to any other proceedings. either immediately after the conviction or within such period as the justice shall, at the time of the conviction, appoint, the convicting justice (unless where otherwise specially directed) may commit the offender to the common gaol or other place of confinement, there to be imprisoned only, or to be imprisoned and kept to hard labour, according to the discretion of the justice, for any term not exceeding two months, where the amount of the sun forfeited or of the penalty imposed, or of both (as the case may be), together with the costs, does not exceed twenty dollars; and for any term not exceeding three months when the amount, with costs, exceeds twenty dollars; the commitment to be determinable in each of the cases aforesaid upon payment of the amount and costs. 72. Where any person is summarily convicted before a Justice of the Peace of any offence against this Act, and it is a first conviction, the justice may, if he so thinks fit, discharge the offender from his conviction, upon his making such satisfaction to the party aggrieved, for damages and costs, or either of them, as shall be ascertained by the justice. 73. When any person convicted of any offence punishable upon summary conviction by virtue of this act, has paid the sum adjudged to be paid, together with costs, under such conviction, or has received a remission thereof from the the Crown, or has suffered the imprisonment awarded for non-payment thereof, or the imprisonment awarded in the first instance, or has been so discharged from his conviction by any justice as aforesaid, he shall be released from all further or other proceedings for the same cause. 74. Whenever any person is convicted of any indictable Fine and suremisdemeanor punishable under this Act, the court may, if it ties for keeping the peace; think fit, in addition to or in lieu of any of the punishments in what cases. by this act authorized, fine the offender, and require him to enter into his own recognizances, and to find sureties, both or either, for keeping the peace and being of good behaviour; and in case of any felony punishable under this Act, the court may, if it thinks fit, require the offender to enter into his own recognizances, and to find sureties, both or either, for keeping the peace, in addition to any punishment by this Act authorized: Provided that no person shall Proviso. be imprisoned under this section for not finding sureties, for any period exceeding one year, regu 75. Every offence hereby made punishable on summary Summary conviction may be prosecuted in the manner directed by proceedings how the Act of this Session "respecting the duties of Justices of the lated. Peare out of Session in relation to summary convictions and orders," so far as no provision is hereby made for any matter or thing which may be required to be done in the course of such prosecution. 76. This Act shall commence and take effect on the first Commenceday of January, one thousand eight hundred and seventy. ment of Act. HEREAS it is expedient to assimilate, amend and con- Preamble. solidate the Statute Law relating to Perjury, in force in the several Provinces of Quebec, Ontario, Nova Scotia and New Brunswick, and to extend the same as so consolidated, to all Canada: Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:-- 1. Perjury or subornation of perjury is a misdemeanor; Perjury a'mise and any person guilty thereof shall be liable to be imprisoned demeanor: and how punishable. Making, &c., false oaths, declarations, &c., under any Act to be perjury. in the penitentiary for any term not exceeding fourteen years and not less than two years, or to be imprisoned in any other gaol or place of confinement, for any term less than two years, and to pay such fine as the court may award. 2. In every case in which, by any Act or law now or hereafter to be in force in the Dominion of Canada, or in any Province forming part of the Dominion of Canada, it is required or authorized that facts, matters or things be verified, or otherwise assured or ascertained, by or upon the oath. affirmation, declaration or affidavit of some or any person, if any person having in any such case taken or made any oath, affirmation or declaration so required or authorized knowingly, wilfully and corruptly, upon such oath, affirmation or declaration, deposes, swears to or makes any false statement as to any such fact, matter or thing, or if any person knowingly, wilfully and corruptly, upon oath or affirmation, affirms, declares, or deposes to the truth of any statement for so verifying, assuring or ascertaining any such fact, matter or thing, or purporting so to do,-or knowingly, wilfully and corruptly takes, makes, signs or subscribes any such affirmation, declaration or affidavit, as to any such fact, matter or thing, such statement, affidavit, affirmation or declaration being untrue, in the whole or any part thereof,-or knowingly, wilfully and corruptly omits from any such affidavit, affirmation or declaration, sworn or made under the provisions of any law, any matter which, by the provisions of such law, is required to be stated in such affidavit, affirmation or declaration, such person shall be deemed to be guilty of wilful and corrupt perjury, and be punished accordingly: Provided Proviso: as to that nothing herein contained shall affect any case amountperjury at common law. ing to perjury at the common law, or the case of any offence in respect of which other or special provision is made by any Act. Trial, punishment, &c., for affidavits, &c., to be used in Canada. 3. Any person who wilfully and corruptly makes any false making false affidavit, affirmation, or declaration out of Canada, or out of any Province of Canada, before any functionary authorized to take the same for the purpose of being used in Canada, or in such Province, shall be deemed guilty of perjury, in like manner as if such false affidavit, affirmation or declaration had been made in Canada, or in such Province, before competent authority; and such person 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 district, county or place where he has been apprehended or is in custody. Perjuries |