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 The first ten sections of the first Act mentioned in the preamble of this Act, are hereby repealed: Provided that the express repeal of the said sections by this Act shall not be construed as declaring that the said sections were, or were not virtually repealed by the passing of the Acts mentioned in the preamble.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 167 167 168 169 ACCESSORIES. See "Venue." ACQUITTAL. Record of, how made up 341 Of a Felony or Misdemeanor, a bar to Indictment for 282 ACTIONS. For anything purporting to be done under Crim. ADDITION. Wrong or want of. See "Dilatory Plea." "In- ADDRESSES TO JURY BY COUNSEL. See "Trial." ADMINISTERING POISON, with intent, &c. Power to try........ 66 465 ADMIRALTY, Court of. Where offence committed without its 438 AFFIRMATION. See "Oath." ALIENS. Not entitled to juries, de medietate linguæ........... 217 Decisions as to 335 Evidence relating to, to be received before amendment made 335 325 Power of discretionary.. 330 Propriety of, not a question to reserve.... 331 Where indictment amended, all other rolls and proceedings 316 APPEALS. See "Supreme Court." To Court of Error and Appeal abolished where question of 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 Special Enactment as to imprisonment... ARRAIGNMENT. Prisoner in Court or in custody of Court may ARREST. In civil proceedings...... For contempt of Court, by Justice of Peace.. 439 65 418 346 117 22 21 66 Jurisdiction of Inferior Courts.. 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 11 Under Act respecting certain offences relative to Under Act respecting malicious injuries to pro- offences against the person By constable, owner, &c...... By person to whom goods wrongfully obtained Person arrested must be taken before neighbour- At night time... On suspicion .. ..24, 29 On suspicion-reasonableness of. Quære, ques- Under Act respecting cruelty to animals..... When offenders must be taken in the act.. PAGE. ARREST OF JUDGMENT. By Court, ex proprio motu....... 374 In felony-Person convicted must be present in Court when 374 For defect not amendable under Procedure Act.. 173 175 ment... 375 In misdemeanor-Discretionary with Court whether person 374 374 Motion to be grounded on objection arising on the face of 374 Not allowed for defect amendable under Procedure Act.. 169 375 358 Where no offence in law charged in indictment... 171 77 ASSAULT, Aggravated. Summary trial by consent. Punish- ment... 448 With or without a weapon. May be tried summarily Common. Arrest without warrant.. 441 17 On magistrate, bailiff, constable, officer of customs or excise 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- 442 Punishment in such case. 448 Verdict of, may be given in certain cases, though not charged. 266 Verdict of, where felony charged. Conflicting decisions...... 267 ATTEMPT TO COMMIT, felony or misdemeanor, defendant con- Defendant may be found guilty of, on indict- .............. See "Felony," "Misdemeanor." |