(c) The expression "banker" includes any director of any incorporate bank or banking company; R. S. C. c. 164, s. 2 (g).

(d) 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 by whatever technical or familiar name known, and shall apply to one animal as well as to many; R. S. C. c. 172. s. 1, (amended); 24-25 V. c. 96, s. 10, (Imp.).

(e) The expression "Court of Appeal" includes the following courts: R. S. C. c. 174, s 2 (h).

(i) In the province of Ontario, any division of the High Court of Justice;

(ii) In the province of Quebec, the Court of Queen's Bench, appeal side;

(iii) In the provinces of Nova Scotia, New Brunswick and British Columbia, and in the North-west Territories, the Supreme Court in banc;

(iv) In the province of Prince Edward Island, the Supreme Court of Judicature;

(v) In the province of Manitoba, the Court of Queen's Bench;

(f) The expression "district, county or place" includes any division of any province of Canada for purposes relative to the administration of justice in criminal cases; R. S. C. c. 174, s. 2 (ƒ).

(g) The expression "document of title to goods" includes any bill of lading, India warrant, dock warrant, warehouse-keeper's certificate, warrant or order for the delivery or transfer of any goods or valuable thing, bought and sold note, or 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 endorsement or by delivery, the possessor of such document to transfer or receive any goods thereby represented or therein mentioned or referred to: R. S. C. c. 164, s. 2 (a); 24-25 V. c. 96, s. 1, (Imp.).

(h) The expression "document of title to lands" includes any deed, map, paper or parchment, written or printed, or 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. S. C. c. 164, s. 2 (6); 24-25 V. c. 96, s. 1, (Imp.).

(i) The expression "explosive substance" includes any materials for making an explosive substance; also any apparatus, machine, implement, or materials used, or intended to be used, or adapted for causing, or aiding in causing, any explosion in or with any explosive substance; and also any part of any such apparatus, machine or implement; R. S. C. c. 150, s. 2 (b); 46 V. c. 3, s. 9, (Imp.).

(j) Finding the indictment includes also exhibiting an information and making a presentment; R. S. C. c. 174, s. 2 (d), (amended).

(k) Having in one's possession, includes not only having in one's own personal possession, but also knowingly

(i) having in the actual possession or custody of any other person;. and

(ii) having in any place (whether belonging to or occupied by one's self or not) for the use or benefit of one's self or of any other person; R. S. C. c. 164, s. 2, (); c. 165, s. 2; c. 167, s. 2; c. 171, s. 3; 50-51 V. c. 45, s. 2 (e).

If there are two or more persons, any one or more of whom, with the knowledge and consent of the rest, have any thing in his or their custody or possession, it shall be deemed and taken to be in the custody and possession of each and all of them;

(4) The expressions "indictment" and "count" respectively include information and presentment as well as indictment, and also any plea, replication or other pleading, and any record; R. S. C. c. 174, s. 2 (c), (amended);

(m) The expression "intoxicating liquor" means and includes any alcoholic, spirituous, vinous, fermented or other intoxicating liquor, or any mixed liquor a part of which is spirituous or vinous, fermented or otherwise intoxicating; R. S. C. c. 151, s. 1 (d).

(n) The expression "justice" means a justice of the peace, and includes two or more justices, if two or more justices act or have jurisdiction, and also any person having the power or authority of two or more justices of the peace; R. S. C. c. 174, s. 2 (b).

(0) The expression "loaded arms" includes any gun, pistol or other arm loaded with gunpowder, or other explosive substance, and ball, shot, slug or other destructive material, or charged with compressed air and ball, shot, slug, or other destructive material, R. S. C. c. 162, s. 1 (amended); R. v. Harris, 5 C. & P. 159; R. v. Jackson, 17 Cox, 104; 24-25 V. c. 100, s. 19, (Imp.).

(0-1) The expression "military law" includes The Militia Act and any orders, rules and regulations made thereunder, the Queen's Regulations and Orders for the Army; any Act of the United Kingdom or other law applying to Her Majesty's troops in Canada, and all other orders, rules and regulations of whatever nature or kind soever to which Her Majesty's troops in Canada are subject;

(p) The expression "municipality" includes the corporation of any city, town, village, county, township, parish or other territorial or local division of any province of Canada, the inhabitants whereof are incorporated or have the right of holding property for any purpose; R. S. C. c. 164, s. 2 (j).

(p-1) In the sections of this Act relating to defamatory libel the word "newspaper" shall mean any paper, magazine or periodical containing public news, intelligence or occurrences, or any remarks or observations thereon, printed for sale and published periodically, or in parts or numbers, at intervals not exceeding thirty-one days between the publication of any two such. papers, parts or numbers, and also any paper, magazine or periodical printed in order to be dispersed and made public, weekly or oftener, or at intervals not exceeding thirty-one days, and containing only or principally advertisements; 51 V. c. 44, s. 1 (amended).

(q) The expression "night" or "night time" means the interval between nine o'clock in the afternoon and six o'clock in the forenoon of the following day, and the expression "day" or "day time" includes the interval between six o'clock in the forenoon and nine o'clock in the afternoon of the same day; R. S. C. c. 164, s. 2; 24-25 V. c. 96. s. 1, (Imp.).

(r) The expression "offensive weapon" includes any gun or other firearm, or air-gun, or any part thereof, or any sword, sword-blade, bayonet, pike, pikehead, spear, spear-head, dirk, dagger, knife, or other instrument intended for cutting or stabbing, or any metal knuckles, or other deadly or dangerous weapon, and any instrument or thing intended to be used as a weapon, and all ammunition which may be used with or for any weapon; R. S. C. c. 151, s. 1 (c).

(s) The expression "peace officer" includes a mayor, warden, reeve, sheriff, deputy-sheriff, sheriff's officer, and justice of the peace, and also the warden, keeper or guard of a penitentiary and the gaoler or keeper of any prison, and any police officer, police constable, bailiff, constable or other person employed for the preservation and maintenance of the public peace, or for the service or execution of civil process; (new).

(t) The expressions "person," "owner," and other expressions of the same kind include Her Majesty and all public bodies, bodies corporate, societies, companies, and inhabitants of counties, parishes, municipalities or other districts in relation to such acts and things as they are capable of doing and owning respectively; (new). See R. S. C. c. 1, s. 4.

(u) The expression "prison" includes any penitentiary, common gaol, public or reformatory prison, lock-up, guard room or other place in which persons charged with the commission of offences are usually kept or detained in custody; (new).

(v) The expression "property" includes:

(i) Every kind of real and personal property, 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;

(ii) 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;

(iii) 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 to the Crown or any corporate body of any fee, rate or duty, and whether still in the possession of the Crown or of any person or corporation; 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 expressed on its face in words or figures or both; R. S. C. c. 164, s. 2; 24-25 V. c. 96, s. 1, (Imp.).

(w) The expression "public officer" includes any inland revenue or customs officer, officer of the army, navy, marine, militia, North-west mounted police, or other officer engaged in enforcing the laws relating to the revenue, customs, trade or navigation of Canada; (New).

(x) The expression "shipwrecked person" includes any person belonging to, on board of, or having quitted any vessel wrecked, stranded, or in distress at any place in Canada; R. S. C. c. 81, s. 2 (h), (Amended).

(y) The expression "Superior Court of Criminal Jurisdiction" means and includes the following courts:

(i) In the province of Ontario, the three divisions of the High Court of Justice

(ii) In the province of Quebec, the Court of Queen's Bench;

(iii) In the provinces of Nova Scotia, New Brunswick and British Columbia, and in the North-west Territories, the Supreme Court;

(iv) In the province of Prince Edward Island, the Supreme Court of Judicature;

(v) In the province of Manitoba, the Court of Queen's Bench (Crown side); (New).

(2) The expression "territorial division" includes any county, union of counties, township, city, town, parish or other judicial division or place to which the context applies; R. S. C. c. 174, s. 2 (g).

(aa) The expression "testamentary instrument" includes any will, codicil, or other testamentary writing or appointment, 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; R. S. C. c. 164, 8.2 (i).

(b) The expression "trustee " means a trustee on some express trust created by some deed, will or instrument in writing, or by parol, or otherwise, 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, whether by appointment of a court or otherwise, 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" or "fideicommissaire"; and the expression "trust" includes whatever is by that law an "administration" or "fideicommission”; R. S. C. c. 164, s. 2 (c), (Amended); 24-25 V. c. 96, s. 1, (Imp.).

(cc) The expression "valuable security" includes any order, exchequer acquittance or other security entitling or evidencing the title of any person 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 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 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 wheresoever such lands or goods are situate, 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; 53 V. c. 37, s. 20; 24-25 V. c. 96, s. 1, (Imp.).

(dd) The expression "wreck" includes the cargo, stores and tackle of any vessel and all parts of a vessel separated therefrom, and also the property of shipwrecked persons; R. S. C. c. 81, s. 2.

(ee) The expression "writing" includes any mode in which, and any material on which, words or figures whether at length or abridged are written, printed or otherwise expressed, or any map or plan is inscribed; R. S. C. c. 164, s. 2; see R. S. C. c. 1, s. 4.

INTERPRETATION OF OTHER WORDS.

66

4. The expressions "mail," "mailable matter," post letter," "post letter bag," and "post office" when used in this Act have the meanings assigned to them in The Post Office Act, and in every case in which the offence dealt with in this Act relates to the subject treated of in any other Act, the words and expressions used herein in respect to such offence shall have the meaning assigned to them in such other Act.

The Post Office Act is c. 35 of the Revised Statutes.

CARNAL KNOWLEDGE DEFined.

SEC. 4a.-Carnal knowledge is complete upon penetration to any, even to the slightest degree, and even without the emission of seed ; (amendment of 1893).

OFFENCES AGAINST IMPERIAL STATUTES.

5. No person shall be proceeded against for any offence against any Act of the Parliament of England, of Great Britain, or of the United Kingdom of Great Britain and Ireland, unless such Act is, by the express terms thereof, or of some other Act of such Parliament, made applicable to Canada or some portion thereof as part of Her Majesty's dominions or possessions.

By 28-29 V. c. 63 (Imp.), any colonial law repugnant to any Act of the Imperial Parliament is, to the extent of that repugnancy, void.

PUNISHMENTS.

6. Every one who commits an offence against this Act is liable as herein provided to one or more of the following punishments :-

(a) Death, ss. 65, 68, 127, 129, 231, 267, 935 to 949; ss. 6, 7, c. 146

R. S. C.

(b) Imprisonment, ss. 950 to 956;

(c) Whipping, s. 957;

(d) Fine, s. 958;

(e) Finding sureties for future good behaviour, s. 958;

(f) If holding office under the Crown, to be removed therefrom, s. 961;

(9). To forfeit any pension or superannuation allowance, s. 961;

(h) To be disqualified from holding office, from sitting in Parliament and

from exercising any franchise, s. 961.

(i) To pay costs, s. 832;

(j) To indemnify any person suffering loss of property by commission of his offence, s. 836.

Why is this enactment limited to offences against "this Act"?