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Intimidation

(f) besets or watches the house or other place where such other person resides or works, or carries on business or happens to be. R.S.C., c. 173, s. 12.

524. Every one is guilty of an indictable offence and of any person liable to two years' imprisonment who, in pursuance of any

to prevent

him from working at any trade.

Intimidation

of any person to prevent

unlawful combination or conspiracy to raise the rate of wages, or of any unlawful combination or conspiracy respecting any trade, business or manufacture, or respecting any person concerned or employed therein, unlawfully assaults any person, or, in pursuance of any such combination or conspiracy, uses any violence or threat of violence to any person, with a view to hinder him from working or being employed at such trade, business or manufacture. R.S.C., c. 173, s. 9.

525. Every one is guilty of an indictable offence and liable, on indictment or on summary conviction before two him dealing in justices of the peace, to a fine not exceeding one hundred dollars, or to three months' imprisonment with or without hard labour, who

wheat, &c.;

unlawfully

preventing seamen from

working.

Intimidation

of any person him bidding for public lands.

to prevent

(a.) beats or uses any violence or threat of violence to any person with intent to deter or hinder him from buying, selling or otherwise disposing of any wheat or other grain, flour, meal, malt or potatoes or other produce or goods, in any market or other place; or

(b.) beats or uses any such violence or threat to any person having the charge or care of any wheat or other grain, flour, meal, malt or potatoes, while on the way to or from any city, market, town or other place with intent to stop the conveyance of the same; or

(c.) by force or threats of violence, or by any form of intimidation whatsoever, hinders or prevents or attempts to hinder or prevent any seaman, stevedore, ship carpenter, ship labourer or other person employed to work at or on board any ship or vessel, or to do any work connected with the loading or unloading thereof, from working at or exercising any lawful trade, business, calling or occupation in or for which he is so employed; or with intent so to hinder or prevent, besets or watches such ship, vessel or employee; or

(d) beats or uses any violence to, or makes any threat of violence against, any such person with intent to hinder or prevent him from working at or exercising the same, or on account of his having worked at or exercised the same. R.S.C., c. 173, s. 10; 50-51 V., c. 49.

526. Every person is guilty of an indictable offence and liable to a fine not exceeding four hundred dollars, or to two years' imprisonment, or to both, who, before or at the time of the public sale of any Indian lands, or public lands of Canada, or of any province of Canada, by intimidation, or illegal combination, hinders or prevents, or attempts to hinder or prevent, any person from bidding upon or purchasing any lands so offered for sale. R.S.C., c. 173, s. 14.

PART

PART XL.

ATTEMPTS-CONSPIRACIES-ACCESSORIES.

indictable

527. Every one is guilty of an indictable offence and liable Conspiring to to seven years' imprisonment who, in any case not herein- commit an before provided for, conspires with any person to commit offence. any indictable offence.

commit cer

528. Every one is guilty of an indictable offence and Attempting to liable to seven years' imprisonment who attempts, in any tain indictable case not herein before provided for, to commit any indictable offences. offence for which the punishment is imprisonment for life, or for fourteen years, or for any term longer than fourteen years.

indictable

529. Every one who attempts to commit any indictable Attempting to offence for committing which the longest term to which the commit other offender can be sentenced is less than fourteen years, and offences. no express provision is made by law for the punishment of such attempt, is guilty of an indictable offence and liable to imprisonment for a term equal to one-half of the longest term to which a person committing the indictable offence attempted to be committed may be sentenced.

commit statu

530. Every one is guilty of an indictable offence and Attempting to liable to one year's imprisonment who attempts to commit tory offences. any offence under any statute for the time being in force and not inconsistent with this Act, or incites or attempts to incite any person to commit any such offence, and for the punishment of which no express provision is made by such statute.

to certain

offences.

531. Every one is guilty of an indictable offence and Accessories liable to seven years' imprisonment who, in any case where after the fact no express provision is made by this Act for the punishment indictable of an accessory, is accessory after the fact to any indictable offence for which the punishment is, on a first conviction, imprisonment for life, or for fourteen years, or for any term. longer than fourteen years.

after the fact

offences.

532. Every one who is accessory after the fact to any in- Accessories dictable offence for committing which the longest term to to other inwhich the offender can be sentenced is less than fourteen dictable years, and no express provision is made for the punishment of such acccessory, is guilty of an indictable offence and liable to imprisonment for a term equal to one-half of the longest term to which a person committing the indictable offence to which he is accessory may be sentenced

TITLE VII.

PROCEDURE.

Power to make rules.

Civil remedy

though act is

PART XLI.

GENERAL PROVISIONS.

533. Every superior court of criminal jurisdiction may at any time, with the concurrence of a majority of the judges thereof present at any meeting held for the purpose, make rules of court, not inconsistent with any statute of Canada, which shall apply to all proceedings relating to any prosecution, proceeding or action instituted in relation to any matter of a criminal nature, or resulting from or incidental to any such matter, and in particular for all or any of the purposes following:

(a.) For regulating the sittings of the court or of any division thereof, or of any judge of the court sitting in chambers, except in so far as the same are already regulated by law.

(b.) For regulating in criminal matters the pleading, practice and procedure in the court, including the subjects of mandamus, certiorari, habeas corpus, prohibition, quo warranto, bail and costs, and the proceedings under section nine hundred of this Act.

(c) Generally for regulating the duties of the officers of the court and every other matter deemed expedient for better attaining the ends of justice and carrying the provisions of the law into effect.

2. Copies of all rules made under the authority of this section shall be laid before both Houses of Parliament at the session next after the making thereof, and shall also be published in the Canada Gazette. 52 V., c. 40.

534. After the commencement of this Act no civil remedy not suspended for any act or omission shall be suspended or affected by reason that such act or omission amounts to a criminal offence.

a criminal

offence.

Abolition of distinction between felony and misdemea

nour.

Construction of Acts.

535. After the commencement of this Act the distinction between felony and misdemeanour shall be abolished, and proceedings in respect of all indictable offences (except so far as they are herein varied) shall be conducted in the same

manner.

536. Every Act shall be hereafter read and construed as if any offence for which the offender may be prosecuted by indictment (howsoever such offence may be therein described or referred to), were described or referred to as an "indictable offence";

offence"; and as if any offence punishable on summary conviction were described or referred to as an "offence"; and all provisions of this Act relating to "indictable offences " or "offences" (as the case may be) shall apply to every such offence.

2. Every commission, proclamation, warrant or other document relating to criminal procedure, in which offences which are indictable offences or offences (as the case may be) as defined by this Act are described or referred to by any names whatsoever, shall be hereafter read and construed as if such offences were therein described and referred to as indictable offences or offences (as the case may be).

of reference

537. In any Act in which reference is made to The Speedy Construction Trials Act the same shall be construed, unless the context to certain requires otherwise, as if such reference were to Part LIV. of Acts. this Act; any Act referring to The Summary Trials Act shall be construed, unless the context forbids it, as if such reference were to Part LV. of this Act; and every Act referring to The Summary Convictions Act shall be construed, unless the context forbids it, as if such reference were to Part LVIII. of this Act.

PART XLII.

JURISDICTION.

538. Every Superior Court of criminal jurisdiction and Superior every judge of such court sitting as a court for the trial of court. criminal causes, and every Court of Oyer and Terminer and General Gaol Delivery has power to try any indictable offence.

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amended.

courts.

539. Every Court of General Quarter Sessions of the Other courie .32 Peace, when presided over by a Superior Court judge, or a County or District Court judge, or in the cities of Montreal and Quebec by a recorder or judge of the Sessions of the Peace; and in the province of New Brunswick every County Court judge has power to try any indictable offence xcept as hereinafter provided.

540. No such court as mentioned in the next preceding Jurisdiction section has power to try any offence under the following sections, that is to say:

Part IV.-Sections sixty-five, treason; sixty-seven, accessories after the fact to treason; sixty-eight, sixty-nine and seventy, treasonable offences; seventy-one, assault on the Queen; seventy-two, inciting to mutiny; seventy-seven, unlawfully obtaining and communicating official information; seventy-eight, communicating information acquired by holding office.

Part

in certain
cases.

Exercising powers of two justices.

Part VII.-Sections one hundred and twenty, administering, taking or procuring the taking of oaths to commit certain crimes; one hundred and twenty-one, administering, taking or procuring the taking of other unlawful oaths; one hundred and twenty-four, seditious offences; one hundred and twenty-five, libels on foreign sovereigns; one hundred and twenty-six, spreading false news.

Part VIII.-Piracy; any of the sections in this part.

Part IX. Sections one hundred and thirty-one, judicial corruption; one hundred and thirty-two, corruption of officers employed in prosecuting offenders; one hundred and thirty-three, frauds upon the Government; one hundred and thirty-five, breach of trust by a public officer; one hundred and thirty-six, corrupt practices in municipal affairs; one hundred and thirty-seven (a.), selling and purchasing offices.

Part XI.--Escapes and rescues; any of the sections in this part.

Part XVIII. Sections two hundred and thirty-one, murder; two hundred and thirty-two, attempts to murder; two hundred and thirty-three, threats to murder; two hundred and thirty-four, conspiracy to murder; two hundred and thirty-five, accessory after the fact to murder.

Part XXI.-Sections two hundred and sixty-seven, rape; two hundred and sixty-eight, attempt to commit rape. Part XXIII.-Defamatory libel; any of the sections in this part.

Part XXXIX.-Section five hundred and twenty, combinations in restraint of trade.

Part XL-Conspiring or attempting to commit, or being accessory after the fact to any of the foregoing offences.

541. The judge of the Sessions of the Peace for the city of Quebec, the judge of the Sessions of the Peace for the city of Montreal, and every recorder, police magistrate, district magistrate or stipendiary magistrate appointed for any territorial division, and every magistrate authorized by the law of the province in which he acts to perform acts usually required to be done by two or more justices of the peace, may do alone whatever is authorized by this Act to be done by any two or more justices of the peace, and the several forms. in this Act contained may be varied so far as necessary to render them applicable to such case. R.S.C., c. 174, s. 7.

Offences

PART XLIII. "

PROCEDURE IN PARTICULAR CASES.

542. Proceedings for the trial and punishment of a person within the ju- who is not a subject of Her Majesty, and who is charged the admiralty with any offence committed within the jurisdiction of the

risdiction of

of England.

Admiralty

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