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Session, and chaptered thirty-five, entitled "An Act for the more speedy trial in certain cases of persons charged with Felonies and Misdemeanors in the Provinces of Ontario and Quebec; and in all such cases it shall be the duty of the committing Magistrate to state in the warrant the fact of such election having been made.

7. If the Magistrate is of opinion from any circumstances appearing in the case that the charge cannot be properly disposed of before him, he may at any time before the person charged has made his defence decide not to adjudicate summarily thereon, and may thereupon deal with the same as if this Act had not been passed, and in such case such prisoner may be afterwards tried summarily by his own consent at the County Judge's Criminal Court.

38 VIC. CHAP. 48.

An Act to repeal certain provisions of an Act of the Legislature of Nova Scotia, respecting petty offences, trespasses and assaults.

[Assented to 8th April 1875.]

W

HEREAS the sections hereinafter mentioned, of chapter one hundred and forty-seven of the Revised Statutes of Nova Scotia, third series, intituled "Of petty offences, trespasses and assaults," contain pro

visions which are inconsistent with the Acts of the Parliament of Canada, passed in the session held in the thirty-second and thirty-third years of Her Majesty's reign, respecting the criminal law, or have become unnecessary and inconvenient since the passing of the said Acts: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The first ten sections of the first Act mentioned in the preamble of this Act, are hereby repealed: Provided that the express repeal of the said sections by this Act shall not be construed as declaring that the said sections were, or were not virtually repealed by the passing of the Acts mentioned in the preamble.

INDEX.

PAGE.

ABATEMENT, Plea in. Little used, remarks upon..

May be amended..

Must be pleaded before plea in bar...

Where Grand Jury consisted of more than twenty-three
members........

167

167

168

169

ACCESSORIES. See "Venue."

ACQUITTAL. Record of, how made up

341

Of a Felony or Misdemeanor, a bar to Indictment for
attempt to commit......

282

ACTIONS. For anything purporting to be done under Crim.
Stat. Law. See "Prosecutions."

ADDITION. Wrong or want of. See "Dilatory Plea." "In-
dictment."

ADDRESSES TO JURY BY COUNSEL. See "Trial."

ADMINISTERING POISON, with intent, &c. Power to try........ 66
ADMINISTRATION OF JUSTICE. Costs, expenses, &c., connected
with trial of juvenile offenders.....

465

ADMIRALTY, Court of. Where offence committed without its
jurisdiction.....

438

AFFIRMATION. See "Oath."

ALIENS. Not entitled to juries, de medietate linguæ........... 217
AMENDMENT. See "Indictment."

Decisions as to

335

Evidence relating to, to be received before amendment made 335
Jurisdiction of Court to make may be a question to reserve... 331
Must be made before verdict.......

325

Power of discretionary..

330

Propriety of, not a question to reserve....

331

Where indictment amended, all other rolls and proceedings
shall be also..

316

APPEALS. See "Supreme Court."

To Court of Error and Appeal abolished where question of
law has been reserved and decided by Superior Court...... 360
To Privy Council (or Court substituted therefor). See "Privy
Council."

PAGE.

APPREHENSION of Offenders. See "Arrest."

ARMY AND NAVY. See "Venue."

Act respecting offences relative to. See

Arrest."

Enactment as to, not to affect laws relating to Government

of Her Majesty.

Soldiers and Sailors of, Special Enactment as to place of
trial of, in Quebec.....

Special Enactment as to imprisonment...

ARRAIGNMENT.

Prisoner in Court or in custody of Court may
be arraigned on indictment without previous process..
Second offence; proceedings on...

ARREST.

In civil proceedings......

For contempt of Court, by Justice of Peace..

439

65

418

346

117

22

21

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66 Jurisdiction of Inferior Courts..
66 without warrant..

21

20

Of offenders under sixteen in certain cases

459

Time, place and manner of arrest.

21

Without warrant, under Act for the better preservation of
the peace in the vicinity of public works.....

11

Under Act respecting certain offences relative to
H. M. Army and Navy

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Under Act respecting malicious injuries to pro-

offences against the person
riots and riotous assemblies
shipping of seamen..

By constable, owner, &c......

By person to whom goods wrongfully obtained

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Person arrested must be taken before neighbour-
ing Justice..

At night time...

On suspicion

..

..24, 29

On suspicion-reasonableness of. Quære, ques-
tion for judge or jury

Under Act respecting cruelty to animals.....

When offenders must be taken in the act..
Where allowed after lapse of time....................

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PAGE.

ARREST OF JUDGMENT. By Court, ex proprio motu.......

374

In felony-Person convicted must be present in Court when
motion for made....

374

For defect not amendable under Procedure Act..
Indictment insufficient-after verdict.......
Judgment of acquittal given by Court no bar to fresh indict-

173

175

ment...

375

In misdemeanor-Discretionary with Court whether person
convicted must be present when motion for made........
Motion for may be made any time after conviction and before
sentence pronounced...............

374

374

Motion to be grounded on objection arising on the face of
the record...

374

Not allowed for defect amendable under Procedure Act..
Sets aside indictment and proceedings thereupon.....
Where for illegality of indictment Court will order new
indictment...

169

375

358

Where no offence in law charged in indictment...
ARSON. Venue in case of...

171

77

ASSAULT, Aggravated. Summary trial by consent. Punish-

ment...

448

With or without a weapon. May be tried summarily
by consent...

Common. Arrest without warrant..

441

17

On magistrate, bailiff, constable, officer of customs or excise
or other officer. Trial may be summary by consent
Punishment in such cases...

442

448

Upon any female, except assault with intent to commit rape,

may be tried summarily by consent..

442

Punishment in such case...

448

Upon any male child under fourteen, may be tried sum-
marily by consent...

442

Punishment in such case.

448

Verdict of, may be given in certain cases, though not charged.
Punishment

266

Verdict of, where felony charged. Conflicting decisions...... 267
ATTAINDER. Effect of..... . ..

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ATTEMPT TO COMMIT, felony or misdemeanor, defendant con-
victed of, cannot be tried again for committing or attempt-
ing....

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Defendant may be found guilty of, on indict-
ment for felony or misdemeanor.

..............

See "Felony," "Misdemeanor."

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