937. Sentence of death to be reported to Secretary of State.. 938. Prisoner under sentence of death to be confined apart.. 952. Punishment for offence committed after previous conviction...... 408 953. Imprisonment may be for shorter term than that prescribed...... 408 954. Cumulative punishments... 958. Persons convicted may be fined and bound over to keep the peace. 411 959. Recognizance to keep the peace..... 960. Proceedings for not finding sureties to keep the peace.... 670. Royal prerogative...... 414 971. Conditional release of first offenders in certain cases... 414 983. Application of Act to N. W. T. and Keewatin... 417 APPENDIX.-Acts and parts of Acts which are not affected by this Act........ 419 471 473 55-56 VICTORIA. CHAP. 29. An Act respecting the Criminal Law. [Assented to 9th July, 1892.] HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as 1. This Act may be cited for all purposes as The Criminal Short title. Code, 1892. 2. This Act shall come into force on the first day of July, Commence1893. ment of Act. of terms. 3. In this Act the following expressions have the mean- Explanation ings assigned to them in this section unless the context requires otherwise: (a.) The expression "any Act," or 'any other Act," includes any Act passed or to be passed by the Parliament of Canada, or any Act passed by the legislature of the late province of Canada, or passed or to be passed by the legislature of any province of Canada, or passed by the legislature of any province included in Canada before it was included therein; R.S.C., c. 174, s. 2 (a). (b.) The expression " Attorney-General" means the Attorney-General or Solicitor-General of any province in Canada in which any proceedings are taken under this Act, and, with respect to the North-west Territories and the district of Keewatin, the Attorney-General of Canada; R.S.C., c. 150. s. 2 (a). (c.) The expression "banker " includes any director of any incorporated bank or banking company; R.S.C., c. 164, s. 2 (g). (d.) The expression "cattle," includes any horse, mule, ass, swine, sheep or goat, as well as any neat cattle or animal of the bovine species, and by whatever technical or familiar name known, and shall apply to one animal as well as to many; R.S.C., c. 172, s. 1. (e.) The expression "Court of Appeal" includes the following courts: R.S.C., c. 174, s. 2 (h). (i.) In the province of Ontario, any division of the High Court of Justice; (ii.) In the province of Quebec, the Court of Queen's Bench, appeal side; (iii.) In the provinces of Nova Scotia, New Brunswick and British Columbia, and in the North-west Territories, the Supreme Court in banc; (iv.) In the province of Prince Edward Island, the Supreme Court of Judicature; (v.) In the province of Manitoba, the Court of Queen's Bench; (f) The expression "district, county or place" includes any division of any province of Canada for purposes relative to the administration of justice in criminal cases; R.S.C., c. 174, s. 2 (ƒ). (g.) The expression "document of title to goods" includes any bill of lading, India warrant, dock warrant, warehousekeeper's certificate, warrant or order for the delivery or transfer of any goods or valuable thing, bought and sold note, or any other document used in the ordinary course of business as proof of the possession or control of goods, authorizing or purporting to authorize, either by endorsement or by delivery, the possessor of such document to transfer or receive any goods thereby represented or therein mentioned or referred to; R.S.C., c. 164, s. 2 (a). (h.) The expression "document of title to lands" includes any deed, map, paper or parchment, written or printed, or partly written and partly printed, being or containing evidence of the title, or any part of the title, to any real property, or to any interest in any real property, or any notarial or registrar's copy thereof, or any duplicate instrument, memorial, certificate or document authorized or required by any law in force in any part of Canada respecting registration of titles, and relating to such title; R.S.C., c. 164, s. 2 (b). (i.) The expression "explosive substance "explosive substance" includes any materials for making an explosive substance; also any apparatus, machine, implement, or materials used, or intended to be used, or adapted for causing, or aiding in causing, any explosion in or with any explosive substance; and also any part of any such apparatus, machine or implement; R.S.C., c. 150, s. 2 (b). (j) Finding the indictment includes also exhibiting an information and making a presentment; R.S.C., c. 174, s. 2 (d). (k.) Having in one's possession, includes not only having in one's own personal possession, but also knowingly (i.) having in the actual possession or custody of any other person; and (ii) having in any place (whether belonging to or occupied by one's self or not) for the use or benefit of one's self or of any other person; R.S.C., c. 164, s. 2 (l); c. 165, s. 2; c. 167, s. 2; c. 171, s. 3; 50-51 V., c. 45, s. 2 (e). If there are two or more persons, any one or more of whom, with the knowledge and consent of the rest, have any such thing in his or their custody or possession, it shall be deemed and taken to be in the custody and possession of each and all of them; (1.) The expressions "indictment" and "count" respectively include information and presentment as well as indictment, and also any plea, replication or other pleading, and any record; R.S.C., c. 174, s. 2 (c). (m.) The expression "intoxicating liquor" means and includes any alcoholic, spirituous, vinous, fermented or other intoxicating liquor, or any mixed liquor a part of which is spirituous or vinous, fermented or otherwise intoxicating; R.S.C., c. 151, s. 1 (d). (n.) The expression "justice" means a justice of the peace, and includes two or more justices, if two or more justices act or have jurisdiction, and also any person having the power or authority of two or more justices of the peace; R.S.C., c. 174, s. 2 (b). (o.) The expression "loaded arms" includes any gun, pistol or other arm loaded with gunpowder, or other explosive substance, and ball, shot, slug or other destructive material, or charged with compressed air and ball, shot, slug or other destructive material; (0-1.) The expression "military law" includes The Militia Act and any orders, rules and regulations made thereunder, the Queen's Regulations and Orders for the Army; any Act of the United Kingdom or other law applying to Her Majesty's troops in Canada, and all other orders, rules and regulations of whatever nature or kind soever to which Her Majesty's troops in Canada are subject; (p.) The expression "municipality" includes the corporation of any city, town, village, county, township, parish or other territorial or local division of any province of Canada, the inhabitants whereof are incorporated or have the right of holding property for any purpose; R.S.C., c. 164, s. 2 (j). (p-1.) In the sections of this Act relating to defamatory libel the word "newspaper shall mean any paper, magazine or periodical containing public news, intelligence or occurrences, or any remarks or observations thereon, printed |