Page images
PDF
EPUB

") and being, by virtue of his said employment, in possession of certain moneys to the amount of ten thousand dollars, (or " certain valuable securities, [Describe them]), did unlawfuily steal the said moneys, etc.")

THEFT BY HOLDER OF A POWER OF ATTORNEY.

on

At A., having been theretofore entrusted, by B., with a power of attorney to sell certain land and buildings, to wit, (Describe the property,) and having theretofore sold the said land and buildings, did, fraudulently convert the proceeds of the said sale, to wit, the sum of two thousand dollars, to a purpose other than that for which he was entrusted with the said power of attorney, by applying and converting the said money to his own use.

THEFT BY MISAPPROPRIATING MONEY HELD UNDER DIRECTION.

on

A., having theretofore re

At ceived from B., the sum of one hundred dollars, with a direction from him the said B., to the said A., that the said money should be paid to C,, did, in violation of good faith and contrary to the terms of the said direction, fraudulently and unlawfully convert to his own use and thereby steal the said sum of money.

[merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small]

there a tenant, (or "lodger") of or in a certain house (or "lodging,") to wit, (Describe the premises), did unlawfully steal a certain chattel, (or “fixture"), to wit, (Describe it), belonging to B., and let to be used by him the said A. in or with the said house, (or “lodging.”)

At

THEFT OF A DOCUMENT OF TITLE.

on

[ocr errors]

A., unlawfully did steal a certain document of title to goods, (or " to lands"), to wit, one bill of lading, (or "deed," or "map," or "paper." etc.,) containing evidence of the title, (or a part of the title") of B., to certain goods, (or “real property,") to wit, (describe the property), belonging to the said B. (or “in which the said B. has an interest.")

[ocr errors]

At

THEFT OF JUDICIAL DOCUMENTS, ETC.

on

[ocr errors]

A., unlawfully did steal, a certain record, (or "writ," or "petition," etc., forming part of a certain record") of and belonging to the Superior Court of Lower Canada, for the District of Montreal, in a certain cause (Describe the cause, matter or proceeding,) then (or "theretofore") depending in the said Court.

At

THEFT OF THINGS UNDER SEIZURE.

on

[ocr errors]

A., without lawful authority, did unlawfully take or carry away, one horse of the value of belonging to the said A., (or "one B,") and then and there be

ing under lawful seizure.

THEFT OF A WILL.

At

on

A., did unlawfully

steal a certain testamentary instrument, to wit, the last will and testament (or "a codicil to the last will and testament") of B.

At

THREATENING LETTER. (1)

on

[ocr errors]

A., did unlawfully send to (or "cause to be received by") B., a certain letter (or "writing") demanding of him the said B., with menaces, a certain sum of money, to wit, the said demand being without reasonable or probable cause, and he the said A. then well knowing the contents of the said letter (or "writing"), which is as follows. (Set it out.)

[ocr errors]

on

DEMANDING, WITH THREATS, WITH INTENT TO STEAL. At A., with menaces, unlawfully did demand of me, this deponent (or "B."), one hundred dollars, with intent to steal the same from me, (or "the said B.")

At

TRADE MARK,-FORGERY OF.

on

A., unlawfully did

forge (or "cause to be forged"), a certain trade-mark, to wit, (Describe it).

At

FALSELY APPLYING A TRADE-MARK.

on

A did unlawfully, falsely apply (or "cause to be applied") to certain goods, to wit, (Describe them) a certain trade-mark to wit, (Describe it), (or “a mark so nearly resembling a certain trade-mark to wit" (Describe it), “as to be calculated to deceive.")

(1) For "Extortion by Threats," see p. 161, ante.

TREASON.

On

at

. within Her Majesty's Dominions, A, with divers other false traitors unknown, and armed, arrayed, and assembled together in warlike manner, did unlawfully and traitorously levy and make war against our Sovereign Lady the Queen, with intent thereby to depose Her Majesty from the style, honor and royal name of the Imperial Crown of the United Kingdom of Great Britain and Ireland and of Her other Dominions.

On

ASSAULTS ON THE QUEEN.

at

A., a certain pistol,

which he the said A., in his right hand then had and held, unlawfully, and wilfully did point, aim, and present at (“at or near to") the person of our Lady the Queen, with intent, thereby, to alarm our said Lady the Queen.

[merged small][merged small][merged small][ocr errors][merged small]
[ocr errors]

a traitorous and mutinous purpose, did endeavor to seduce one B., he the said B. then being a person serving in Her Majesty's forces on land, from his duty and allegiance to Her Majesty.

A., on

UNLAWFUL OATH,-ADMINISTERING OR TAKING.

at

did unlawfully take,

(or administer and cause to be administered to B."), a certain oath and engagement purporting to bind the said A., (or “B.") not to inform or give evidence against any associate, confederate or other person of or belonging to a certain unlawful association or confederacy, (Add,-in case of a charge for taking the oath," he the said A. not being then compelled to take the said oath and engagement," or,—in case of a charge for ud ministering,—“and which said oath and engagement was then and there taken by the said B.")

On

WOUNDING, WITH INTENT TO MAIM, Erc.

at

A., with intent to maim (or "disfigure," or "disable" or "do grievous bodily harm to ") B., unlawfully did wound (or “cause grievous bodily harm to") the said B. (or “unlawfully did, with a certain loaded gun, or pistol or revolver, shoot or attempt to discharge a loaded arm at the said B,"]

On

OR,

at

A., with intent to re

sist the lawful apprehension (or "detainer") of him the said A. (or “ of B.”) unlawfully did wound (or cause grievous bodily harm to ") C. [or "unlaw

[ocr errors]

fully did with a certain loaded gun or pistol, or revolver, shoot (or attempt to discharge a loaded arm at) C.]

On

WOUNDING, WITHOUT INTENT.

at

wound (or "inflict grievous bodily harm upon ") B.

At

[ocr errors][merged small]
[merged small][merged small][ocr errors][merged small]

(or "wound") B., a public officer engaged in the execution of his duty, (or

[ocr errors]

a person acting in aid of C., a public officer engaged in the execution of his duty.")

CHAPTER IX.

(Part XLV of the Code)

PROCEEDURE ON APPEARANCE OF ACCUSED.

PRELIMINARY ENQUIRY.

577.—When Preliminary Enquiry to be Held. -When any person accused of an indictable offence is before a justice, whether voluntarily, or upon summons, or after being apprehended, with or without warrant, or while in custody for the same or any other offence, the justice shall proceed to inquire into the matters charged against such person, in the manner hereinafter defined.

Property found upon a Prisoner when Apprehended.-If, upon his apprehension, the accused has been de prived by the constable of his money and other valuables, it will he proper, under certain circumstances, to make an application to the magistrate for their restoration.

be

There can be no doubt that, when a person is apprehended upon a criminal charge, it is right and proper that all weapons as well as everything connected with or having a tendency to throw light upon the subject matter of the charge should be searched for and taken from him, and be kept in safety until the charge is in some way

disposed of, or some order made in reference thereto. But to deprive a prisoner of his property for any other purpose is both unjustifiable and cruel, as he may be thereby deprived of his best, if not his only, means of defence.

To search a party on his apprehension, and, without scruple, to take from him every particle of property in his possession, without regard to the nature of the charge upon which he is apprehended is not right, and is too frequently the course adopted by constables and other officers.

Upon this subject, Mr. Justice Patteson, in a case which came before him, remarked as follows: "The prisoner complains that his money was taken from him and that he was thereby deprived of the means of making his defence. Generally speaking, it is not right that a man's money should be taken away from him, unless it is connected, in some way, with the property stolen. If it is connected with the robbery, it is quite proper that it should be taken, but, unless it is, it is not a fair thing to take away his money which he might require for his defence." (1)

Some important observations were also made, upon this subject, by Lord Campbell, C. J., in the case of Bessell v. Wilson. (2) In that case, which was an action of trespass, the plaintiff had been summoned for an infringement of the Copyright of Designs Act, and ordered to pay a fine and costs, upon non-payment of which he was summoned to show cause why he did not pay according to the adjudication; and, as he did not attend personally, but only by counsel, to show cause, he was arrested, under a warrant to compel his personal attendance, and taken to prison, where he was searched and detained until brought before the magistrates. Subsequently, the conviction was quashed; and hence the plaintiff's action of trespass, in the course of which, his Lordship said: "At the conclusion of the trial of this case, I expressed my disapprobation,-which I now repeat,—of the manner in which the plaintiff was searched when taken to the station-house. There is no right, in a case of this kind, to inflict the indignity to which the plaintiff was subjected.

(1) R. v. O'Donnell, 7 C. & P., 138. See also R. v. Kinsey, 7 C. & P,, R. v. Griffiths, 9 J. P. 66.

(2) Bessell v. Wilson, 17 J. P., 52, 567.

449

« EelmineJätka »