FORM OF COMMITMENT IN DEFAULT OF SURETIES.

Province of Canada, District (or county, united counties, or as the case may

be) of

To the constable of the in the said district (or county, or one of the united counties, or as the case may be) of and to the keeper

of the common gaol of the said district, (or county, united counties, or as the case may be) at in the said district (or oounty, or in the county

of

day of

Whereas, on the instant, complaint on oath was made before the undersigned (or J. L. Esquire), (one) of Her Majesty's Justices of the Peace in and for the said district (or county, united counties, or as the case may be) of · by C. D. of the township of - in the said district (or county, or as the case may be) (laborer), that A. B. of, &c., on the day of at the township of aforesaid, did threaten (&c., follow to end of complaint, as in form above, in the past tense, then): And whereas the said A. B. was this day brought and appeared before the said Justice (or J. S. Esquire), one of Her Majesty's Justices of the Peace in and for the said district (or county, united counties, or as the case may be) of to answer unto the said complaint: And* having been required by me to enter into his own recognizance in the sum of with two sufficient sureties in the sum of each, as well for his appearance at the next General Quarter Sessions of the Peace to be held in and for the said district (or county, united counties, or as the case may be) of what shall be then and there enjoined him by the court, as also in the meantime to keep the peace and be of good behaviour towards Her Majesty and all her liege people, and especially towards the said C. D., hath refused and neglected, and still refuses and neglects to find such sureties): These are therefore to command you, the said constable of the township of take the said A. B., and him safely to convey to the (common gaol) at aforesaid, and there to deliver him to the keeper thereof, together with this precept; And I do hereby command you, the said keeper of the said (common gaol), to receive the said A. B. into your custody, in the said (common gaol), there to imprison him until the said next General Quarter Sessions of the Peace, unless he in the meantime find sufficient sureties as well for his appearance at the said sessions, as in the meantime to keep the peace as aforesaid.

Given under my hand and seal, this day of Lord

- to do

to

in the year of our

at in the district (county, or as the case may be) aforesaid. J. S. [L. S.]

THE CRIMINAL LAW OF UPPER CANADA.

"The Criminal Law of England, as it stood on the seventeenth day of September, in the year of our Lord one thousand seven hundred and ninety-two, and as the same has since been repealed, altered, varied, modified, or affected by any Act of the Imperial Parliament having force of law in Upper Canada, or by any Act of the Parliament of the late Province of Upper Canada, or of the Province of Canada, shall be the Criminal Law of Upper Canada." (Con. Stat. U. C. c. 94, s. 1.)

ABDUCTION.

Abduction is an offence at common law, though the party so taken away may be consenting to a marriage.

ABDUCTION OF HEIRESSES.-Con. Stat. C., c. 91, declares the abduction of an heiress from pecuniary motives to be a felony. It enacts, by s. 25, as follows:

"In case any woman has an interest, whether legal or equitable, present or future, absolute, conditional, or contingent, in any real or personal estate, or be an heiress presumptive or next of kin to any one having such interest, any person who, from motives of lucre, takes away or detains such woman against her will, with intent to marry or defile her, or to cause her to be married or defiled by any other person, and every person counselling, aiding or abetting such offender, shall be guilty of felony, and shall respectively be imprisoned in the Penitentiary for any term not less than two years, or be imprisoned in any other prison or place of confinement for any term less than two years.

* In proceedings upon this section it will be necessary to prove: 1st. That the prisoner took or detained the woman against her will. 2nd. That the woman

ABDUCTION OF FEMALES UNDER SIXTEEN." Any person who unlawfully takes or causes to be taken away any unmarried girl, being under the age of sixteen years, out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her, shall be guilty of a misdemeanour, and shall be punished by fine or imprisonment, or by both, as the court shall award."* (Con. Stat. C. c. 91, s. 26.)

DECOYING CHILDREN UNDER TEN.-" Any person who maliciously, either by force or fraud, leads or takes away, or decoys, or entices away or detains, any child under the age of ten years, with intent to deprive the parent or parents, or any other person or persons having the lawful care or charge of such child, of the possession of such child, or with intent to steal any article upon or about the person of such child, to whomsoever such article may belong; and any person who, with any such intent, receives or harbours any such child, knowing the same to have been by force or fraud, led, taken, decoyed, enticed away or detained as herein before mentioned; and any person who counsels, aids or abets any such offender, shall respectively be guilty of felony, and shall be imprisoned at hard labour in the Penitentiary for any term not less than two years, or be imprisoned in any other prison or place of confinement for any term less than two years." (Con. Stat. C. c. 91, s. 27.) To this there is an exception, as follows: "No person who claims to be the father of an illegiti mate child, or to have any right to the possession of such child, shall be liable to be prosecuted by virtue of the last section, on account of his getting possession of such child, or taking such

has an interest, or is next of kin to some person who has an interest, in real or personal property. 3rd. That the prisoner did so from motives of lucre. 4th. Intent to marry or defile, or cause to be married or defiled. The expressions of the prisoner with regard to her property may be taken as evidence of such motive. The woman is a competent witness against the prisoner, although the marriage ceremony may have actually been performed; as this is a case in which her liberty and person are affected. (Russell on Crimes, i. 709; Roscoe's Crim. Evid. 245.)

* No improper motive need here be proved. Proof of the taking out of possession and of the want of consent on the part of parent or guardian, is necessary. Illegitimate children are under the protection of this section. It is no excuse that the girl consented.

child out of the possession of the mother, or any other person having the lawful charge thereof." (Con. Stat. C. c. 91, s. 28).

ABORTION.

An attempt to procure abortion is an offence at common law, and is made a felony by Consol. Stat. C. c. 91, s. 24, which enacts as follows: "Any person who with intent to procure the miscarriage of any woman, unlawfully administers to her, or causes to be taken by her, any poison or other noxious thing, or unlawfully uses any instrument or any means whatsoever with the like intent, shall be guilty of felony, and shall be imprisoned in the Penitentiary for the term of his natural life, or for any term not less than two years, or be imprisoned in any other prison or place of confinement for any term less than two years. 99*

ABUSE OF INFANTS.

UNDER TEN.-By Con. Stat. C. c. 91, s. 20, this offence is made a felony: "Any person who unlawfully and carnally knows and abuses any girl under the age of ten years, shall be guilty of felony, and shall suffer death as a felon.”*

ABOVE TEN BUT UNDER TWELVE.-This is made a misdemeanour by Con. Stat. C. c. 91, s. 21, which enacts that "Any person who unlawfully and carnally knows and abuses any girl being above the age of ten years and under the age of twelve years, shall be guilty of a misdemeanour, and shall be imprisoned for such term as the court may award."+

But few of the crimes punishable under this section are ever investigated, and therefore when a case does come before a justice, he should thoroughly examine it, and obtain all the evidence necessary to cause justice to be done. Dying declarations of the woman are not admissible as evidence. In proof of adminis tering, it is necessary that the noxious drug should have entered the stomach; actual delivery by the hand of the prisoner is however not necessary. As proof of the intent, proof that the child would be chargeable to the prisoner as the reputed father, or proof of secrecy in administering, is good. (Roscoe's Crim. Evid. 251).

+ Proof of penetration, however slight, will be sufficient to constitute the crime. (Roscoe's Crim. Evid. 848).

The justice who receives the information should learn as to whether or not

ACCESSORIES AND 'ABETTORS.

Aiders and abettors are all those who are present aiding and abetting where a felony is committed. (Roscoe's Crim. Evid. p. 184).

The acts hitherto in force with regard to accessories, aiders, and abettors, in indictable offences, viz.: Con. Stat. C. ch. 97 and 99, s. 43, are repealed by Stat. 27-28 Vic. c. 19, which enacts as follows:

AS TO ACCESSORIES TO FELONY BEFORE THE FACT. "2. Whosoever shall become an accessory before the fact to any felony, whether the same be a felony at Common Law, or by virtue of any Act passed or to be passed, may be indicted, tried, convicted and punished in all respects as if he were a principal felon.

"3. Whosoever shall counsel, procure or command any other person to commit any felony, whether the same be a felony at Common Law, or by virtue of any Act passed or to be passed, shall be guilty of felony, and may be indicted and convicted, either as an accessory before the fact to the principal felony, together with the principal felon, or after the conviction of the principal felon, or may be indicted and convicted of a substantive felony, whether the principal felon shall or shall not have been previously convicted, or shall or shall not be amenable to justice, and may thereupon be punished in the same manner

the girl has been examined by a physician; and if he finds that she has not, he should at once cause her to be so examined. The girl should be asked as to how often, if more than once, she has been abused by the prisoner; and if upon more than one occasion, then the place where she was so abused each time should be stated. Though the witness may not be able to state the day of the month when so abused, she may be able to state some circumstance which may assist in fixing the date. If upon the trial of a case where there has been abuse on more than one occasion, the counsel for the crown neglects to put a count in the indictment charging the prisoner with each offence, he can give evidence of one offence only. The chief witness of the crown in such cases is of tender years, and if told upon her examination in chief that she can only state as to one occasion when she was abused, and is ably cross-examined by the counsel for the prisoner, as to circumstances in some way connected with the other occasions, she is likely to give evidence one portion of which may contradict another, and thereby raise a doubt sufficient to cause the acquittal of the criminal.