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THE

CRIMINAL LAW CONSOLIDATION

AND

AMENDMENT ACTS

OF

1869, 32-33 VICT,

FOR THE

DOMINION OF CANADA,

AS AMENDED AND IN FORCE

ON THE 1ST DAY OF NOVEMBER, 1874, IN THE PROVINCES

OF ONTARIO, QUEBEC, NOVA SCOTIA, NEW BRUNSWICK,
MANITOBA, AND ON THE 1ST DAY OF JANUARY, 1875, IN
BRITISH COLUMBIA.

WITH

NOTES, COMMENTARIES, PRECEDENTS OF INDICTMENTS,

&c., &c.

BY

HENRI ELZÉAR TASCHEREAU,

ONE OF THE JUDGES OF THE SUPERIOR COURT FOR THE PROVINCE OF QUEBEC.

VOL. II.

:

Toronto:

PRINTED BY HUNTER, ROSE & CO., WELLINGTON STREET.

1875.

L 9627
ANG J 1034

Entered according to Act of the Parliament of Canada, in the year of our Lord one thousand eight hundred and seventy-five, by Henri Elzéar TASCHEREAU, in the office of the Minister of Agriculture.

PREFACE.

This Volume will be found to contain the Criminal Law Procedure Act of 1869, with extensive annotations. For easy reference, the Statutes extending the Criminal Law Consolidation Acts to British Columbia and Manitoba have been inserted in this Volume: all the Statutes on Criminal Law, of general importance, passed since 1869, and not inserted in the first Volume, will also be found in the following pages, including those passed at the last Session of Parliament (1875). The text of the Statutes of 1869, following the Procedure Act, including the General Repeal Act, has also been given, with the exception of the "Acts respecting Justices of the Peace," 32-33 Vic. chapters 30 and 31, which belong to a separate branch of our Criminal Laws.

The following note from C. S. Greaves, Esq., Q. C., who, before the Select Committee of the House of Commons, in England, on the Homicide Bill, was called "the most eminent living writer on the subject" (of Criminal Law), will perhaps induce our law-givers to review the new clauses of the Larceny and Forgery Acts, to which objection was taken in the first Volume. Mr. Greaves' reply to the remarks (page 534 of the 1st Vol.) on Leonard's case will be read with interest. The principles of the law on the subject, as exposed by Mr. Greaves, are clear and undeniable. The difficulty lies in their application :

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