A Digest of the Criminal Law of Canada: (crimes and Punishments) Founded by Permission on Sir James Fitzjames Stephen's Digest of the Criminal Law

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Carswell & Company, 1890 - 588 páginas
 

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Contenido

Cumulative Punishments
27
Pardons
29
Commutation of Sentence
30
CHAPTER IV
32
Presumption of Sanity
34
Married Woinon
35
Compulsion
36
Ignorance of Law
38
Ignorance of Fact
39
PARTIES TO THE COMMISSION OF CRIMEPRINCIPAL AND ACCESSORY 35 Principals in First Degree
42
Principals in the Second Degree
43
Common Purpcse
44
Accessories before the Fact
45
Where Crime suggested is committed in a different Way
46
Violating the Kings Wife c
59
All Principals in Treason
60
Conspiracy to Intimidate a Provincial Legislature
61
Contempts against the Queen
62
Solemnising or Assisting at Marriage of a Member of the Royal Family
63
Enticing Soldiers or Sailors to Desert
64
Enticing Militiamen or Members of the NorthWest Mounted Police Force to desert
65
CHAPTER VIII
66
Engaging as Principal in a Prize Fight
67
Where the Fight is Not a Prize FightDischarge or Fine
68
Unlawful Assembly
69
Routs
70
Preventing Heading Proclamation and Continuing to liiot After Proclamation
71
Riotous Demolition of Houses c
72
Inciting Indians to Riotous Acts
73
Unlawful Drilling
74
Definitions
75
Doing Anything or Possessing Explosive Substances with Intent to cause Dangerous Explosions
76
Carrying Pistol without Reasonable Cause
77
Having a Pistol on the Person with Intent to Injure any Person
78
Carrying Sheathknives in Seaports
79
Exception as to Soldiers c
80
Coming Armed Within Two Miles of Public Meeting
81
10S Refusing to Deliver Offensive Weapons to Returning Officer
82
Smugglers Carrying Offensive Weapons
83
Possessing Weapons near Public Works
84
Sale c of Liquors near Public Works
85
Intoxicating Liquors on board Her Majestys Ships
86
CHAPTER IX
87
Compulsion How Far a Defence
88
Freemasons Exempted
90
Seditious Words and Libels
91
Soditious Intention Defined
92
Presumption as to Intention
93
CHAPTER X
94
Libels on Foreign Powers
95
Ships c Referred to in Article 129 to be Forfeited Definitions
97
Increasing Force of Ships for Foreign Belligerents and Pro curing Enlistment by Misrepresentation
99
CHAPTER XI
101
Piracy with Violence
102
Boarding Ships and Throwing Cargo Overboard
103
Trading with Pirates and Conspiring with Them
104
Not Fighting Pirates
105
Piratical Slavetrading
106
Punishment of Slavetrading
107
Serving on a Slave Ship Felony
108
PART III
109
Extortion and Oppression by Public Officers
110
Frauds and Breaches of Trust by Officers Ill 150 Neglect of Official Duty
112
ART TAGS 151 Misconduct of Officers Intrusted with Execution of Writs
113
Refusal to Serve an Office
114
CHAPTER XIII
115
Disobedience to Lawful Orders of Court c
116
CHAPTER XIV
117
Corruption in respect to Contracts with the Government
118
Corruption in respect to Business with the Government
119
Revenue Officers committing Corrupt Acts
120
Corruption of Revenue Officers
121
Customs Officers committing Corrupt Acts
122
Corrupt Practices in Municipal Affairs
123
Embracery
124
Definition of Bribery of Voters
125
Definition of Undue Influence
126
Definition of Treating
127
Personation at Elections
129
Forgery of Ballot Papers and other Offences respecting the same
130
Definition of Office
131
Making Interest for Offices for Reward
132
MISLEADING JUSTICEPERJURYFALSE SWEARINGSUB ORNATIONADMINISTERING EXTRA JUDICIAL OATHS f FALSE CERTIFICATE ...
133
Subornation of Perjury
135
Punishment of Perjury and Subornation
136
Making False Affidavit out of Province in which it is used
137
Administering Oaths without Authority
138
ART PAGB 183 Conspiracy to Defeat Justice Dissuading Witnesses from Testifying
139
CHAPTER XVI
141
Rescue Defined
142
Rescuing Murderers
143
Punishment of Certain Escapes Rescues c
144
Unlawfully Directing or Procuring Discharge of Prisoner
145
Keepers c Carelessly Allowing Prisoners to Escape from a Penitentiary
146
Punishment of Prisoners who Escape
147
Misprision of Treason
148
Agreement not to Prosecute
149
Compounding Penal Actions
150
Unlawfully Advertising a Reward for Return of Stolen Property
151
PART IV
152
CHAPTER XVIII
154
Denying Truth of Christianity c
155
Depraving the Lords Supper
156
Depraving the Book of Common Prayer
157
Clergymen Refusing to Use the Book of Common Prayer
158
Disturbing Public Worship 159
159
CHAPTER XIX
161
Adultery
162
Obscene Publications
163
Posting Immoral Books c
165
Seduction under Promise of Marriage
166
Unlawfully Defiling Women
167
Seduction of Females who are Passengers on Vessels
168
Prostitution of Indian Women 169
169
Preventing the Burial of Dead Bodies and Disinterring them
170
CHAPTER XX
172
Common Nuisance a Misdemeanor 17S 231 Keeping Disorderly Houses 173
173
Disorderly Houses
174
Evidence that a House is a Common Gaming House
175
Gaming in Stocks and Merchandise 176
176
Habitually Frequenting places where Gaming in Stocks is carried on U7 238 Playing or Looking on in Gaming House
177
Obstructing Peace Officers entering a Gaming House
178
ART PAGK 240 Gambling in Public Conveyances 17S 241 Betting and Pool Selling
179
Disorderly Places of Entertainment
180
Disorderly Inns
181
Nuisances to Health Life and Property
183
Nuisances by Offensive Trades
185
Nuisances to Bridges
186
CHAPTER XXI
187
Loitering near Ships
189
PART V
190
Execution of Lawful Sentences
191
Suppression of Riots
192
Private Defence
193
Lawful Force 19ii 258 Superior Orders to employ Force
196
Consent to Bodily Injury
198
Surgical Operation on Person incapable of Assent
199
No Right to consent to Infliction of Death
200
Consent to be put in Danger
201
CHAPTER XXIII
203
Duty to provide Necessaries of Life
205
Delegation of Duty defined in Article 269
206
When direct Performance of Duty impossible
207
Duty of Persons doing Acts requiring Special Skill or Know ledge
208
CHAPTER XXIV
209
When an Act is the remote Cause of Death or one of several Causes
211
Attempts to commit Murder
226
Accessory after the fact to Murder
227
Concealing the Birth of Children
228
CHAPTER XXVI
230
Shooting at Her Majestys VesselsWounding Customs or In land Revenue Officers
231
29C Disabling or Administering Drugs with intent to commit an in dictable Offence
232
Administering Poison with intent to Injure
233
Setting Springguns and Mantraps
234
Intentionally endangering the Safety of Persons on Railways 23
235
03 Negligently endangering the Safety of Persons on Railways
236
Preventing the Saving of Life of any Person Shipwrecked 235
237
Neglecting when Liable to provide FoodCausing Bodily harm to Apprentices and Servants
238
Negligently causing Bodily injury to any Person
239
CHAPTER XXVII
240
Assault with Intent to commit Rape
242
Assaults Causing Actual Bodily Harm
243
Convicts Assaulting Officers of a Penitentiary
244
Assaulting Receivers of Wreck
245
Kidnapping
246
Common Assaults
247
CHAPTER XXVIII
248
Punishment for Kape
250
Carnally Knowing Children Between Ten and Twelve
251
Supplying Instruments to Procure Abortion
252
CHAPTER XXIX
253
Principals in Second Degree in Bigamy
255
Feigned Marriages
256
Abduction of Girls under Sixteen
258
Stealing Children under Fourteen
259
CHAPTER XXX
261
CHAPTER XXXI
263
Things Capable of being Libels
264
Publication Defined
265
When a Libel is Malicious
267
Publication of Matter Honestly Believed to be True
268
Fair Criticism
269
Parliamentary Proceedings and Fair Comments thereon
271
Reports of Proceedings of Public Meetings
272
Fair Reports of Proceedings of Courts
273
Punishment for Libel
274
PART VI
276
CHAPTER XXXII
277
Property in Movable Titings
278
Special Owner
280
Possessor Special Owner as against Stranger
281
Bailment Defined
282
CHAPTER XXXIII
284
WaterGasElectricity
285
Tame Animals and Wild Animals in Captivity
286
Wild Animals Living and Dead
287
Dead Bodies
288
CHAPTER XXXIV
289
Theft by Taking and Carrying AwayRobbery
291
Theft by a ServantEmbezzlement
293
Theft by a False Pretence
294
Theft by Taking Advantage of a Mistake
295
Theft by Bailees
297
Finding Goods
299
Conversion after a Taking Amounting to a Trespass
301
Obtaining by False Pretences not Theft
303
The Property Embezzled Must be the Masters
309
Intent to Defraud
314
CHAPTER XXXVII
316
Testamentary Instruments
322
Judicial or Official Documents
323
Stealing Post Letters c Stopping Mails with Intent to Rob or SearchIssuing Money Orders Fraudulently
324
Stealing Mailable Matter other than Post Letters
326
Cattle
327
Pigeons
328
Things Fixed to Buildings or in Land
329
Trees of the Value of Twentyfive Cents
330
Timber Found Adrift
331
Failing to Satisfy Justice that Possession of Tree c is Lawful
332
Roots Plants c Growing elsewhere than in Gardens c
333
Things Under Seizure
334
Stealing in Dwelling Houses
335
Stealing from Ships Wharves etc
336
Stealing Things Deposited in Indian Graves in British Columbia
337
Public Servants
338
Public Servants Refusing to Deliver Up Chattels Moneys or Books etc Lawfully Demanded of Them
339
Tenants and Lodgers
340
OBTAINING PROPERTY BY FALSE PRETENCES AND OTHER CRIMINAL FRAUDS AND DEALINGS WITH PROPERTY
341
Cheating at Play 34i
349
Pretending to Enclose Money etc in a Tost Letter and other Frauds in Respect to Post Letters and the Postal Service
350
Frauds by Officers and Men of Militia Force
351
Constables of the Northwest Mounted lolico Force Fraud ulently Obtaining Pensions
352
Removing or Concealing Ores e with Intent to Defraud c
355
Owners of Merchandise Disposing Thereof Contrary to Agree ments with Consignees Who Have Made Advances Thereon
357
Making False Statements in Receipts for Property that Can Be Used Under The Bank ActFraudulently Dealing with Property to Which Such Receipts ...
358
Assigning Property with Intent to Defraud Creditors
359
Concealing Deeds or Incumbrances or Falsifying Pedigrees
360
Frauds in Respect to the Registration of Titles to Land in the Territories
361
Fraudulent Sales of Property in Quebec
362
Unlawfully Applying Marks to Public Stores
363
Taking Marks from Public Stores
364
Not Satisfying Justice that Possession of Public Stores is Lawful
365
Receiving Regimental Necessaries From Soldiers or Deserters
366
Receiving c Necessaries from Marines or Deserters
367
Not Satisfying Justice that Possession of Seamans Property is Lawful
368
Conspiracy to Defraud or Extort
369
Misappropriation by Factors or Agents
375
Receiving Property Feloniously Obtained
381
Document
392
CHAPTER XLIII
393
Forgery and other Offences Respecting Transfers of Shares in Public FnndsClaims to Crown Grants Scrip c
394
Making False Entries in Books of Public Funds
396
Making False Dividend Warrants
397
Forgery and other Offences Respecting Copies of Registers
398
Forgery of DebenturesGovernment and Bank Bills and Notes cDeeds Bonds cWillsBills of Ex changeOrders Receipts
399
Stamps
401
Debentures Issued under any Lawful Authority
402
Forgery of Foreign Bills and other Offences Respecting the Same
403
Forgery of Notarial Instruments and Documents Relating to the Registration of Title c
404
Forgery of Public Registers or BooksFalse Copies Thereof
405
Forgery of other Judicial Documents and Instruments Admis sible in Evidence in Courts of Justice
406
Acknowledging Recognizances without Authority 40S 507 Forgery of Letters Patent
408
Forgery of Passenger Tickets
409
Demanding Property upon Forged Instruments
410
Unlawful Possession of Forged Bank NotesDominion Pro vincial or Bank Note PaperInstruments for Making Such Paier
411
Unlawful Possession c of Paper Prepared for Debentures and other SecuritiesPlates Dies c
413
Printing Circulars c in Likeness of Notes
415
Forgery of any Document
416
Forgery at Common Law Misdemeanor
417
Words or Marks on Watch Cases
424
Defence where Offender is a Servant
430
Obtaining Goods etc by False Pretences
435
Definition of Fale Pretence
436
CHAPTER XLVI
437
Counterfeiting Coins c
438
Dealing in and importing Counterfeit Coin
439
Making Instruments for Coining
440
Bringing Instruments for Coining from Mints into Canada
441
Defacing Current Coins
442
Uttering Counterfeit or Light Coins Metals c
443
Punishment of Subsequent Otionces
444
Uncurrent Foreign Coins
445
When Offence completed
446
I
447
MALICIOUS INJURIES TO PROPERTY 562 ArsonSetting Fire to Buildings c Offences punishable by Imprisonment for Life
449
ArsonSetting Fire to Buildings c Offences punishable by Fourteen Years Imprisonment
450
Recklessly setting Fire to Forests c
451
Attempting to set on Fire c
452
Threats to Burn c
453
50S Setting Fire to Ship and other Injuries thoreto and to Lights Buoys c
454
Injuries to Her Majestys VesselsGoods liable to Seizure Custom House c
456
314
539

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Página 97 - Builds or agrees to build, or causes to be built, any ship with intent or knowledge, or having reasonable cause to believe that the same shall or will be employed in the military or naval service of any foreign state at war with any friendly state...
Página 482 - Every person who, with a view to compel any other person to abstain from doing or to do any act which such other person has a legal right to do or abstain from doing, wrongfully and without legal authority, — (1) Uses violence to or intimidates such other person or his wife or children, or Injures his property...
Página 428 - That on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons from whom he obtained such goods or things ; or (c) That otherwise he had acted innocently ; be guilty of an offence against this Act.
Página 97 - ... (1.) If forthwith upon a proclamation of neutrality being issued by Her Majesty he gives notice to the Secretary of State that he is so building, causing to be built, or equipping such ship, and furnishes such particulars of the...
Página 60 - Kingdom, in order by force or constraint to compel her or them to change her or their measures or counsels, or in order to put any force or constraint upon, or in order to intimidate or overawe both Houses or either House of Parliament...
Página 127 - ... any meat, drink, entertainment, or provision to or for any person, in order to be elected, or for being elected, or for the purpose of corruptly influencing such person or any other person to give or refrain from giving his vote...
Página 377 - Act, in respect of any Act done by him, if he shall at any Time previously to his being indicted for such Offence have disclosed such Act, on Oath, in consequence of any compulsory Process of any Court of Law or Equity in any Action, Suit, or Proceeding which shall have been bond fide instituted by any Party aggrieved, or if he shall have disclosed the same in any Examination or Deposition before any Commissioners of Bankruptcy.
Página 126 - Parliament, or the vote of any voter at any election : 5. Every person who shall advance or pay, or cause to be paid, any money to or to the use of any other person with the intent that such money, or any part thereof, shall be expended in bribery at any election...
Página 97 - Majesty : Provided that a person building, causing to be built, or equipping a ship in any of the cases aforesaid, in pursuance of a contract made before the commencement of such war as aforesaid, shall not be liable to any of the penalties imposed by this section in respect of such building or equipping, if he satisfies the conditions following (that is to say) — 1. If...
Página 58 - ... the king and sovereign lord of this land for the time being in his person and do him true and faithful service of allegiance...

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