shall be imprisoned in the Penitentiary for any term not exceeding fourteen years, nor less than two years, or be imprisoned in any other prison or place of confinement for any term less than two years." (Ib. s. 13.)

"Any person who breaks and enters any shop, warehouse or counting-house, and steals therein any chattel, money or valuable security, shall be liable to any of the punishments which the court may award, as hereinbefore last mentioned." (Ib. s. 14.)

"Any person-1. Who is found by night armed with any dangerous or offensive weapon or instrument, with intent to break or enter into any dwelling-house or other building whatsoever, and to commit any felony therein; and 2. Any person who is found by night, having in his possession, without lawful excuse, any picklock, key, crow, jack, bit, or other implement of house-breaking, or any match or other combustible or explosive substance; and 3. Any person who is found by night, having his face blackened or otherwise disguised with intent to commit felony; and 4. Any person who is found by night in any dwelling-house or other building whatsoever, with intent to commit any felony therein, shall respectively be guilty of misdemeanor, and shall be imprisoned in the Penitentiary for two years, or in any other prison or place of confinement, with or without hard labor, for any time less than two years." (Ib. s. 15.)

"The time at which the night commences and concludes in any offence against the provisions in the last section mentioned, shall be the same as in cases of burglary." (Ib. s. 16.)

"Any person who breaks and enters any church or chapel, and steals therein any chattel, or having stolen any chattel, money, or valuable security in any church or chapel, breaks out of the same, shall 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." (Ib. s. 17.)

BY-LAWS-OFFENCES AGAINST.

BY MUNICIPAL OFFICERS.-"In case any officer of a Municipal Corporation neglects or refuses to carry into effect a by-law for paying a debt, and so neglects or refuses under colour of a bylaw illegally attempting to repeal such first-mentioned by-law, or to alter the same so as to diminish the amount to be levied under it, such officer shall be guilty of a misdemeanor, and be punished by fine or imprisonment, or both, at the discretion of the court whose duty it may be to pass sentence upon him." (Con. Stat. C. c. 54, s. 204.)

SUMMARY CONVICTIONS UNDER BY-LAWS.-"In case an offence be committed against a by-law of a Council, for the prosecution of which offence no other provision is made, any Justice of the Peace having jurisdiction in the locality where the offender resides, or where the offence was committed, whether the Justice is a member of the Council or not, may try and determine any prosecution for the offence." (Ib. s. 205.)

"The Justice or other authority before whom a prosecution is had for an offence against a municipal by-law, may convict the offender on the oath or affirmation of any credible witness, and shall award the punishment or penalty imposed by the bylaw, with the costs of prosecution; and may, by warrant under the hand and seal of the Justice or other authority, or in case two or more Justices act together therein, then under the hand and seal of one of them, cause any pecuniary penalty and costs, or costs only, if not forthwith paid, to be levied by distress and sale of the goods and chattels of the offender." (Ib. s. 206.)

"In case there can be no distress found, out of which the penalty can be levied, the Justice may commit the offender to the common gaol, house of correction, or nearest lock-up house, for the term specified in the by-law." (Ib. s. 207.)

"When the pecuniary penalty has been levied, one moiety thereof shall go to the informer or prosecutor, and the other moiety to the Corporation, unless the prosecution is brought in the name of the Corporation, and in that case the whole of the pecuniary penalty shall go to the Corporation." (Ib. s. 208.)

"The Police Magistrate, or, when there is no Police Magistrate, the Mayor of a town or city, shall have jurisdiction, in addition to his other powers, to try and determine all prosecutions against the by-laws of the town or city, and for penalties for refusing to accept office therein, or to make the necessary declarations of qualification and office." (b. s. 209.)

"It shall not be necessary, in any conviction made under any by-law of any Municipal Corporation in Upper Canada, to set out the information, appearance or non-appearance of the defendant, or the evidence or by-law under which the conviction is made, but all such convictions may be in the form given in the schedule of this act." (27 Vic. c. 18, sec. 1.)

"In prosecuting under any by-law, or for the breach of any by-law, witnesses may be compelled to attend and give evidence on summary proceedings before Justices of the Peace, in cases tried summarily under the statutes now in force in Upper Canada." (Ib. s. 2.)

'Every Justice of the Peace for a county shall have jurisdiction in all cases arising under any by-law of any municipality in such county." (Ib. s. 3.)

"The word 'county,' in this act and in the schedule thereof, shall include 'united counties."" (Ib. s. 4.)

Province of Canada,
County of

To wit.

FORM.

day of

Be it remembered, that on the A.D. at - in the county of - A. B. is convicted before the undersigned, one of Her Majesty's Justices of the Peace in and for the said county; for that the said A.B. (stating his offence, and time and place when and where committed), contrary to a certain by-law of the Municipality of the of —, in the A.D. and inti

passed on the day of

said county of tuled (reciting the title of the by-law); and I adjudge the said A.B. for his offence to forfeit and pay the sum of, to be paid and applied according to law; and also to pay to C.D., the complainant, the sum of for his costs in this behalf. And if the said several sums be not paid forthwith (or on or before the day of- A.D. as the case may be), I order that the same be levied by distress and sale of the goods and chattels of the said A.B.; and in default of sufficient distress, I adjudge the said A.B. to be imprisoned in the common gaol of the said county of the public lock-up at ―), for the space of - days, unless the said several sums and all costs and charges of conveying the said A.B. to such gaol (or lock-up), shall be sooner paid.

(or in

Given under my hand and seal, the day and year first above written, at in the said county. J. S., J. P. [L. S.]

CAUTIONS.

CAUTION TO PRISONER IN INDICTABLE OFFENCES.-After the depositions against the prisoner have been read over to him, the justice shall caution him in these or similar words :-" Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything, unless you desire to do so; but whatever you say will be taken down in writing, and may be given in evidence against you upon your trial." It may be as well to add, "And I give you clearly to understand, that you have nothing to hope from any promise of favor, and nothing to fear from any threat which may have been held out to you, to induce you to make any admission or confession of your guilt; but that whatever you shall now say, may be given in evidence against you, notwithstanding such promise or threat."

And whatever the prisoner then says in answer thereto shall be taken down in writing, and read over to him, and shall be signed by the said justice or justices, and kept with the depositions of witnesses, and be transmitted with them as hereinafter mentioned.

As to the caution to juvenile offenders, see article "Juvenile Offenders," post.

CHALLENGE TO FIGHT.

It is a very high offence to challenge another, by word or letter, to fight a duel, or to be the messenger of such challenge, or even barely to provoke another to send such challenge to fight, as by dispersing letters to that purpose containing reflections and insinuating a desire to fight. Thus, a letter to the following effect was held indictable :-"You have behaved to me like a blackguard. I shall expect to hear from you on this subject, and will attend to any appointment you may think proper to make." No provocation, however great, justifies the defendant. In a case of this kind the prosecutor must prove1st. The letter or words conveying the challenge; and 2nd. Where it does not appear from the writing or words themselves, he must prove the intent of the party to challenge, or to pro

voke a challenge. In the latter case, the prosecutor must shew the circumstances under which the words were uttered, for the purpose of proving the unlawful intent of the defendant. Thus, words of provocation, as "liar," or "knave," though a mediate provocation to a breach of the peace, do not tend to it immediately, like a challenge to fight, or threat to beat another. Yet these, or any other words, would be indictable if proved to have been spoken with an intent to urge the party to send a challenge. (Roscoe's Crim. Evid. p. 352).

CHEATING.

FALSE PRETENCES.-"If any person, by any false pretence, obtains from any other person any chattel, money, or valuable security, with intent to cheat or defraud any person of the same, such offender shall be guilty of a misdemeanor, and shall be imprisoned in the Penitentiary for any term not exceeding fourteen years, nor less than two years, or be imprisoned in any other prison or place of confinement for any term less than two years, or shall suffer such other punishment, by fine or imprisonment, or by both, as the court may award." (Con. Stat. C., c. 92, s. 71).

"If any person, by any false pretence, obtains the signature of any other person to any bill of exchange, promissory note or any valuable security, with intent to cheat or defraud, every such offender shall be guilty of a misdemeanor, and shall be liable to fine or imprisonment, or both, at the discretion of the court; such imprisonment to be for a period less than two years." (Ib. s. 72.)

"If any person obtains any property whatever, with intent to defraud, such offender shall be guilty of a misdemeanor, and shall be imprisoned for any period not exceeding two years, with or without hard labor." (Ib. s. 73.)

"If any person, by means of any false ticket or order, or of any other ticket or order, fraudulently and wilfully obtains, or attempts to obtain, any passage on any railway, or in any steam or other vessel, such offender shall be guilty of a misdemeanor,