Page images

charge or complaint, and to transmit such recognizance, information and depositions, if any, in Upper Canada, to the county crown attorney, in accordance with “The Local Crown Attorney's Act," in the same manner as such Justice would have done in case he had committed the person charged to be tried for such offence.” (Ib. s. 2.)

“In every case after notice as aforesaid, and before action, the Justice may tender to the party aggrieved, or his attorney or agent, such sum of money as he thinks proper, as amends ; and after commencement of action, but before issue joined, such defendant may, if he has made no tender, or if he have done so as an addition thereto, pay such sum as he thinks fit, and give the fact of such payment as evidence at the trial under the general issue.(Ib. s. 13.)

“If the jury at the trial be of opinion that the plaintiff is not entitled to damages beyond the sum paid, or even so much, a verdict shall be for the defendant, and the money paid to plaintiff, or so much of it as is awarded by the jury.” (Ib. s. 14.)

“If the plaintiff accepts the money paid into court, he may obtain an order from the judge of the court for the payment of it to him; and such order shall be a bar to another action for the same cause.” (16. s. 15.)

“ There will be a non-suit or verdict for the defendant, unless the plaintiff.prove at the trial, 1. That the action was brought within the time hereinafter limited; 2. That notice as aforesaid was given before action brought; 3. That the cause of action was stated in such notice; 4. That the cause of action arose in the place stated in the venue ; 5. And, when in county or division court, that the cause of action arose in the county or division for which the court is holden.” (16. s. 16.)

“The plaintiff can only recover three cents damages, when the party suffered no greater punishment than the law prescribes for the offence of which he was guilty.” (Ib. B. 17.)

“ If the plaintiff recover a verdict, or defendant allows judgment to pass by default, the plaintiff will be entitled to costs." (16. s. 18.)

“ If malice and want of probable cause be alleged, and the plaintiff recovers, he shall be entitled to full costs; and if any Justice recover as a defendant, he shall recover costs to be taxed as between attorney and client.” (Ib. s. 19.)

VAGRANTS. The council of every county, city and town in Upper Canada has the power to pass by-laws under the authority of Con. Stat. U. C. c. 54, sec. 282, sub-sec. 9, “ In restraining and punishing vagrants, mendicants and persons found drunk and disorderly in any street, highway or public place.”

When called upon to punish a person belonging to either one of the above mentioned three classes of offenders, the Jus. tice should proceed under the by-law of his county, town or city, as the case may be.

In the event of the Justice finding that there is not a by-law under which he can punish the offender, he should then proceed under the authority of the Imperial act 17 Geo. II. c. 5, which gives him ample power. By this act the following persons or classes are deemed rogues and vagabonds :

Every person pretending or professing to tell fortunes, or using any subtle craft, means or device, by palmistry* or otherwise, to deceive or impose on any of her Majesty's subjects.

Every person wandering abroad and lodging in any barn or outhouse, or in any deserted or unoccupied building, or in the open air, or under a tent, or in any cart or waggon, or not having any visible means of subsistance, and not giving a good account of himself or herself.

Every person wandering abroad and endeavoring, by exposure of wounds or deformities, to obtain or gather alms.

* Pretending to tell fortunes from the palm of the hand. Since the commencement of the rebellion in the United States many parts of Canada have been very much infested by people of this class, who have no doubt done considerable injury to the weak-minded people who consulted them.

The attention of the constables in the neighbourhood where they pitch their tent or locate should be called to those people.

Every person going about as a gatherer or collector of alms, or endeavoring to procure charitable contributions of any nature or kind, under any false or fraudulent pretence.

Every person running away and leaving his wife or his or her child or children chargeable, or whereby she or they or any of them shall become chargeable, to any parish, township or place.

Every person playing or betting in any road, highway or other open and public place, at or with any table or instrument of gaming, at any game or pretended game of chance.

Every person having in his or her custody or possession any picklock, bit, or other instrument, with intent feloniously to break into any dwelling-house, warehouse, coach-house, stable, or outbuilding; or being armed with any gun, pistol, hanger, cutlass, bludgeon, or other offensive weapon; or having upon him or her any instrument with intent to commit any felonious act.

Every person being found in or upon any dwelling-house, warehouse, coach-house, stable, or outhouse, or in any enclosed yard, garden, or area, for any unlawful purpose.

Every suspected person or reputed thief frequenting any river, canal or navigable stream, lock, or basin or quay, wharf, or warehouse near or adjoining thereto, or any street, highway, or avenue leading thereto, or any street, highway, or place adjacent, with intent to commit felony.

Every person apprehended as an idle and disorderly person, and violently resisting any constable or other peace officer so apprehending him or her, and being subsequently convicted of the offence for which he or she shall have been so apprehended.

IDLE AND DISORDERLY PERSONS.—1. Any petty chapman or pedler, wandering abroad and trading, without being duly licensed or otherwise authorized by law.

2. Every common prostitute, wandering in the public streets or in any place of public resort, and behaving in a riotous or indecent manner.

3. Every person wandering abroad, or placing himself or herself in any public place, street, highway, court or passage, to beg or gather alms, or causing or procuring or encouraging any child so to do.

APPREH ENDING ROGUES.—By 17 Geo. II. c. 5, s. 5, the constable finding any one offending as aforesaid, shall apprehend and convey him, or cause him to be conveyed, before a Justice of the Peace, under a penalty of ten shillings ($2 50) for such refusal ; and any other person may apprehend and carry him to the constable or to a Justice of the Peace.

PUNISHMENT.-By 17 Geo. II. c. 5, it shall be lawful for one Justice to commit such offenders (being convicted thereof before him, by his own view, or confession, or oath of one witness) to the house of correction, to be kept to hard labour for a term not exceeding one month; and if committed to the sessions, and the Justices at such sessions shall, on examination of the case, adjudge such person to be a rogue or vagabond, or an incorrigible rogue, they may order such rogue or vagabond to be detained or imprisoned in the house of correction for any further time not exceeding two years nor less than six months.

GENERAL PENALTY, &c.—And by 17 Geo. II, c. 5, s. 22, if any constable or other officer or governor of any house of correction shall be defective in his duty, or if any person shall prevent the execution of this act, or shall rescue any person apprehended, or aid therein, he shall, on conviction before one Justice, forfeit a sum not exceding five pounds (twenty-five dollars) nor less than ten shillings (two dollars and fifty cents), and in default to be imprisoned with hard labour for a period not exceeding two months.

VESSELS- OFFENCES RELATING TO. “ Any person who by force prevents or impedes any person endeavouring to save his life from any skip or vessel in distress, or wrecked, stranded, or cast on shore (whether he be on board of or has quitted the same), 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." (Con. Stat. C. c. 91, s. 31.)

“Any person who assaults and strikes or wounds any magistrate, officer or other person, lawfully authorized, on account of the exercise of his duty in or concerning the preservation of any vessel in distress, or of any vessel, goods or effects wrecked, stranded or cast on shore, or lying under water, shall be guilty of felony, and 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. (16. s. 32.)


“Any person who carries about his person any bowie-knife, dagger or dirk, or any weapons called or known as iron knuckles, skull-crackers or slung-shot, or other offensive weapons of a like character, or who secretly carries about the person any instrument loaded at the end, or who sells or exposes for sale, publicly or privately, any such weapon, shall be subject, on conviction, to a fine of not less than ten nor more than forty dollars, and in default of payment thereof to imprisonment for a term not exceeding thirty days, at the discretion of the court wherein the offence is tried; but nothing in this section contained shall apply to her Majesty's army or navy, or militia, or volunteer force, nor to any Highland or national society carrying arms as part of their national costume.” (Con. Stat. C. c. 91, s. 9.)

“Any person charged with having committed any offence against the provisions of the last preceding section of this act, may be tried and dealt with in pursuance of the Consolidated Statute of Canada respecting the prompt and summary administration of criminal justice in certain cases.” (16. s. 10.)

“It shall be the duty of the court or magistrate before whom any person is convicted under the two last preceding sections

« EelmineJätka »