CHAP. 8. An Act to amend the Criminal Code. [Assented to 27th April, 1907.] IS Majesty, by and with the advice and consent of the follows: 1. This Act may be cited as The Criminal Code Amendment Short title. Act, 1907. 2. The Criminal Code, chapter 146 of the Revised Statutes, R.S., c. 146 1906, is amended in the manner set forth in the following amended. schedule: SCHEDULE. Section 2.-By repealing paragraph (16) thereof and substituting the following paragraph: "(16) 'indictment' and 'count' respectively include information and presentment as well as indictment, and also any plea, replication or other pleading, any formal charge under section 873A, and any record." Section 26. By striking out the fourth line thereof beginning with the word "party" and ending with the word "to." Section 225.-By repealing it and substituting therefor the following section: "225. A common bawdy house is a house, room, set of rooms or place of any kind kept for purposes of prostitution or occupied or resorted to by one or more persons for such purposes." Sections 586 and 587.-By repealing them and substituting therefor the following sections: "586. All offences committed in any part of Canada not in a province duly constituted as such and not in the Yukon Territory may be inquired of and tried within any district, county or place in any province so constituted or in the Yukon Territory as may be most convenient. "2. Such offences shall be within the jurisdiction of any court having jurisdiction over offences of the like nature committed within the limits of such district, county or place. "3. Such court shall proceed to trial, judgment and execution or other punishment for any such offence in the same manner as if such offence had been committed within the district, county or place where the trial is had. "587. The several courts of criminal jurisdiction in the provinces aforesaid, and in the Yukon Territory, including justices, shall have the same powers, jurisdiction and authority in case of such offences as they respectively have with reference to offences within their ordinary jurisdiction as provincial or territorial courts. Section 823.-By repealing subparagraph (ii) of paragraph (a) thereof and substituting therefor the following paragraph: "(ii) In the province of Quebec, in any district wherein there is a judge of the sessions of the peace, such judge of the sessions, and in any district wherein there is no judge of the sessions of the peace, but wherein there is a district magistrate, such district magistrate, or any judge of sessions of the peace; and in any district wherein there is no judge of the sessions of the peace and no district magistrate, any judge of the sessions of the peace or the sheriff of such district." By inserting immediately after section 873 the following section: 66 873A. In the provinces of Saskatchewan and Alberta, it shall not be necessary to prefer any bill of indictment before a grand jury, but it shall be sufficient that the trial of any person charged with a criminal offence be commenced by a formal charge in writing setting forth as in an indictment the offence with which he is charged. "2. Such charge may be preferred by the Attorney General or an agent of the Attorney General, or by any person with the written consent of the judge of the court or of the Attorney General, or by order of the court." Section 1142.-By repealing it and substituting therefor the following section: "1142. In the case of any offence punishable on summary conviction, if no time is specially limited for making any complaint, or laying any information, in the Act or law relating to the particular case, the complaint shall be made, or the information laid, within six months from the time when the matter of the complaint or information arose, except in the Northwest Territories and the Yukon Territory, in all which Territories the time within which such complaint may be made or such information laid shall be twelve months from the time when the matter of the complaint or information arose." OTTAWA; Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty. CHAP. 9. An Act to amend the provisions of the Criminal Code respecting the preservation of the peace in the vicinity of public works. [Assented to 27th April, 1907.] HIS Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 2 amended. 1. Section 2 of The Criminal Code, chapter 146 of the Revised R.S., c. 146, s Statutes, 1906, is amended by striking out paragraph (17) thereof and substituting therefor the following paragraph:"(17) 'intoxicating liquor' means and includes any alcoholic, "Intoxicatspirituous, vinous, fermented or other intoxicating liquor, or ing liquors" any mixed liquor a part of which is spirituous or vinous, fermented or otherwise intoxicating, and any such liquor shall be presumed to be intoxicating if it contains more than two and one-half per cent of proof spirits." defined.. 150. 2. Section 150 of the said Code is repealed and the following New section is substituted therefor: prohibited. "150. Upon and after the day named in such proclamation, Sale of liquor and during such period as the proclamation remains in force, no person shall, at any place within the limits specified in the proclamation, sell, barter, or directly or indirectly, for any matter, thing, profit or reward, exchange, supply or dispose of, or shall give to any other person, any intoxicating liquor, or shall expose, keep or have in his possession any intoxicating liquor intended to be dealt with in any such way. "2. The provisions of this section shall not extend to any Exceptions. person selling intoxicating liquor by wholesale, and not retailing it, if the said person is a licensed distiller or brewer, nor shall they apply where liquor is supplied for bona fide medicinal purposes upon the prescription of a duly qualified medical practitioner." New section 151. Penalty. Section 613 amended. Search for liquor. Section 614 amended. Summoning owner of liquor. 3. Section 151 of the said Code is repealed and the following is substituted therefor: "151. Every one who, by himself, his clerk, servant, agent or other person, violates any of the provisions of the last preceding section, is guilty of an offence against this Part and liable on summary conviction to a penalty of fifty dollars and costs, and, in default of payment, to imprisonment for a term not exceeding three months; and, upon any subsequent conviction, to a penalty of one hundred dollars and costs, or to imprisonment for a term not exceeding six months, or to both, and, in default of payment of such penalty, to imprisonment or to further imprisonment for a term not exceeding three months; and imprisonment in each case shall be either with or without hard labour." 4. Subsection 1 of section 613 of the said Code is repealed and the following is substituted therefor: "613. If any person makes oath or affirmation before any such commissioner or justice, that he has reason to believe, and does believe, that any intoxicating liquor with respect to which a violation of the provisions of section 150 has been committed or is intended to be committed is on board of any steamboat, vessel, boat, canoe, raft, or other craft, or in any railway carriage or freight car, or in any carriage, vehicle or other conveyance, or in any railway station, freight shed or other railway building, or in or about any other building or premises, or in any other place within the limits specified in any proclamation under the said Part, the commissioner or justice shall issue a search warrant to any sheriff, police officer, constable or bailiff, who shall forthwith proceed to search the steamboat, vessel, boat, canoe, raft or other craft, or the railway carriage, freight car, or the carriage, vehicle or conveyance, or the railway station, freight shed, or other railway building, or the other building or premises, or the place described in such search warrant." 5. Subsections 1 and 2 of section 614 of the said Code are repealed and the following is substituted therefor: "614. The owner, keeper or person in possession of the intoxicating liquor so seized, if he is known to the officer seizing it, shall be brought forthwith before the commissioner or justice who issued the search warrant, and if it appears to the satisfaction of the commissioner or justice that a violation of the provisions of the said section has been committed, or was intended to be committed, with respect to such intoxicating liquor, it shall be declared forfeited, with any package in which it is contained, and shall be destroyed by authority of the written order to that effect of the commissioner or justice, and in his presence or in the presence of some person appointed by him to witness the destruction thereof." |