thereby then and there injuring the said crockery and glass ware o the amount of twenty dollars. WILFUL INJURIES TO POLL-BOOKS, ETC. on " At A., unlawfully, wilfully, without legal justification or excuse, and without color of right, did destroy, (or " injure" or "obliterate ", a certain writ of election, (or return to a writ of election," or "poll-book," or "voters' list," or " ballot," [etc.]) to wit, [Describe the election wril, etc.] prepared and drawn out according to a certain law in regard to Dominion (or " provincial," or municipal or "civic ") elections, to wit, the Act [Cile the Act applying to the case in hand]. 66 OR, At on A., unlawfully, wilfully, without legal justification or excuse, and without color of right, did make (or "cause to be made") a certain erasure [etc.], to wit, [Describe il] in a certain writ of election [etc.], to wit, [Describe u prepared and drawn out according to a certain law in regard to Dominion [etc] elections, to wit, the Act [Cite the Act which is applicable to the case in hand]. INJURIES TO BUILDINGS BY TENANTS. At on , A., being then possessed of a certain dwelling-house situated in aforesaid, and then held by him the said A., as tenant thereof, for an unexpired term of three years, did unlawfully, wilfully, without legal justification or excuse, without color of right, and to the prejudice of B, the owner thereof, pull down and demolish the said dwelling-house. WILFULLY DESTROYING TREES AFTER TWO PREVIOUS on At A, unlawfully, wilfully, without legal justification or excuse and without color of right did damage (or "destroy ") one shrub, so that the injury done by such damage (or " destruction") amounted to the value of fifty cents, the said shrub being the property of B., and then growing in a certain plot of land situated and being in aforesaid: And the said jurors say, that, heretofore, to wit, at on , (before the committing of the herein before mentioned offence), the said A. was duly convicted, before C., one of Her Majesty's Justices of the Peace for the District of of having at on [Set out the offence forming the basis of the first conviction], and was adjugeu, for his said offence, to pay, [etc.], and, in default of payment, [etc.], to be imprisoned, [etc.]: And the said jurors further say, that heretofore, to wit, at (before the committing of the firstly herein before mentioned offence. but after the next herein before mentioned conviction), the said A. was again duly convicted before D., one of Her Majesty's Justices of the Peace for the District of on on of having at [Set out the second conviction]: And so the jurors aforesaid say, that, on the day and year first aforesaid the said A., unlawfully wilfully without legal justification or excuse and without color of right, did damage (or "destroy") the said shrub, and did thereby do injury amounting to the value of fifty cents, after having been twice convicted of the like offence of wilfully damaging (or destroying ") a shrub, (or "tree" [etc.]), and doing injury amounting to the value of at least twenty five cents. (1) See comments and authorities under Art. 478, ante, p. 432, as to second offences. And see, also, Articles 628 and 676, post. WILFULLY DAMAGING OR DESTROYING VEGETABLE PRODUCTIONS GROWING IN A GARDEN, ETC. (1) At on A., unlawfully, wilfully, without legal justification or excuse, and without color of right, did damage (or "destroy") fifty cauliflowers, the property of B., then growing in a certain garden of the said B., situated in aforesaid: And the said jurors say, that, heretofore, to wit, at before the committing of the herein before mentioned offence), the said A. was duly convicted before Č., one of Her Majesty's Justices of the Peace, for the District of of having at on [Sel out the offence forming the basis of the first conviction], and was adjuged, for his said offence, to pay [etc.], and in default of payment [etc.], to be imprisoned [etc.]: And so the jurors aforesaid say, that on the day and year first aforesaid that A. did unlawfully wilfully, without legal justification or excuse and without color of right. damage (or destroy") the said forty cauliflowers after having been previously convicted of the like offence of wilfully damaging (or" destroying ") vegetable productions in a garden [etc.] 64 COMBINATION IN RESTRAINT OF TRADE. 44 At A., unlawfully conspired, on combined, agreed and arranged with B., C., and D., and with the Company, to unduly limit the facilities for transporting, (or " producing," or "supplying," or storing," or dealing in" or "manufacturing,") cotton goods [etc.], a subject of trade and commerce. OR, on At on A, unlawfully conspired combined, agreed, and arranged with B. C., and D., and with the Company, to uuduly prevent and lessen competition in the production (or "manufacture," or "purchase," or Barter," or sale," or " transportation," or " supply," of woollen goods [etc.], a subject of trade and commerce. 46 CRIMINAL BREACH OF CONTRACT. INTIMIDATION. At on A., unlawfully, and wilfully did break a certain contract, to wit, [Describe il], theretofore made by him, well knowing (or having reasonable cause to believe") that the probable consequences of his so doing would be to endanger human life (or "cause serious bodily injury," or " expose valuable property to destruction,” or “ ous injury."). seri At on A., and B.. unlawfully, and without lawful authority, did use violence to (or “ injure the property of ") C., by [Describe the personal violence or the injury to property. (as the case may be], with a view to compel the said C. to employ D., E., and F., whom he the said C. had a lawful right to refuse to employ (or to compel the said C. to discharge from and refuse to keep in his employ G, and H., who n he the said C. had a lawful right to retain in his employ.") +6 OR, on At A., B, and C., being workmen in the employ of D., unlawfully, wrongfully and without lawful au (1) See comments and authorities under Art. 478, ante, p. 432, as to second And see Articles 628 and 676, post, as to Indictment and Procedure. offences thority did, by means of threats of using violence to (or "of injuring the property of ") the said D., then and there intimidate the said D., with a view to compel the said D. to raise and advance the wages of them the said A., B., and C. OR, on At, A., and B., unlawfully, wrongfully, and without lawful authority, did persistently follow C., from place to place, with a view to compel the said C., to cease working for D., he the said C. having a lawful right to continue to work for the said D. INTIMIDATION, BY PICKETING. At ΟΙ and on divers other days before and since that date, A., and B., unlawfully, wrongfully, and without lawful authority, did beset and watch the building, workshop, and premises of C., where D. was then working in the employ of the said C, with a view to compel the said D. from working in the employ of the said C., he the said D. having a lawful right to continue to work in the employ of the said C., (or with a view to compel the said C. to discharge and to discontinue employing the said D., he the said C. having a lawful right to continue the said D. in his employ."). 6. INTIMIDATION, BY ASSAULTS OR THREATS, IN PURSUANCE OF AN UNLAWFUL COMBINATION. on At A., B., and C., having, before then, unlawfully conspired, combined, confederated and agreed together to raise the rate of wages, then usually payable to workmen, in a certain trade, business and manufacture, to wit, the trade, business and manufacture of brass founding (or “calico printing," or "cotton spinning” or “ silk weaving or engine making" or "cigar making," or "brickmaking," [etc ]), did, then and there, in pursuance of the said conspiracy, unlawfully make an assault upon (or use violence" or "threats of violence to ") B., with a view to hinder him from working (or "being employed ") at such trade, business, and manufacture. CONSPIRACY TO COMMIT AN INDICTABLE OFFENCE. At on 77 A., B.. and C., unlawfully, did conspire, combine, confederate and agree together to commit a certain indictable offence, to wit, the crime of arson, (or "burglary" or "aggravated assault," or "rape 46 or forgery," [etc]), by then and there conspiring, combin ing, confederating, and agreeing together to unlawfully [etc.] set fire to (or "unlawfully break and enter " or [etc.]), [Describe the crime agreed upon and mention the property or person, or both, as the case may be), to be affected thereby.] (A count may be added setting out the overt acts of the conspiracy. (1) CONSPIRACY TO BRING FALSE ACCUSATION OF CRIME. (2) At on A., B., and M., B., his wife, C. D., and E. F., unlawfully did conspire, combine, confederate and agree together to prosecute G. H., for an alleged offence, to wit, upon a false charge and accusation falsely charging and accusing that he the said G. H., had, then, lately before, unlawfully assaulted, ravished and carnally known the said M. B., withont her consent, they the said A. B, M. B., C. D, and E. F., then well knowing the said G. H. to be innocent of the said alleged offence. (1) For counts setting out the overt acts, see next form. Although, in an indictment for conspiracy, it is usual to set out the overt acts, that is, those acts which the conspirators or any of them may have done towards carrying the common purpose into effect, it is not essential; for the conspiracy itself is the offence. (See cases cited at p. 337, anle.) (2) See Article 152, ante, p. 90. And the said jurors further present that, afterwards, at aforesaid, on the day and year aforesaid, the said A. B., and M. B, his wife, C. D., and E. F.. in pursuance of their said conspiracy, did attend together before J. N., Esquire, one of Her Majesty's Justices of the Peace for the District of to whom they, the said A. B., and M. B.. his wife, C. D., and E. F., did, then and there, make the said false charge and accusation, falsely charging and accusing the said G. H., with and of the rape aforesaid; and, then and there, before the said J. N., she the said M. B., in the presence of and in company with the said A. B., C. D., and E. F., and in further pursuance of the said conspiracy, did make her written and sworn information and complaint, falsely charging and accusing that the said G. H., had, then, lately before. unlawfully assaulted, ravished, and carnally known her, the said M. B., without her consent. .. on " And the said jurors further present, that, afterwards, to wit, in the Court of Queens Bench [or (name the Court), as the case may be] of the province of, holden at in and for the district (or county") of in the year aforesaid, they the said A. B., and M. B., his wife, C. D., and E F., in further pursuance of their said conspiracy, did cause and procure to be falsely laid and exhibited, before the Grand Jury then and there sworn before the said Court, a bill of indictment falsely charging and accusing the said G. H, with and of the rape aforesaid; which said bill of indictment was by the said Grand Jury, then and there, returned into the said Court, thus endorsed ;- -" No Bill." ATTEMPT TO COMMIT AN INDICTABLE OFFENCE. At on A., unlawfully did attempt to unlawfully steal one gold watch of the value of sixty five dollars of the goods and chattels of B. (1) OR, At on " A., unlawfully, did attempt, by false pretences, to obtain from B., one horse of the value of seventy dollars, the property of the said B., with intent to defraud. OR, At A., unlawfully, did solicit and advise B. to unlawfully steal one piano of the goods and chattels of C., whereby he the said A., did unlawfully attempt to commit the indictable offence of theft. on OR, At on A., unlawfully, did attempt to commit the indictable offence of bigamy (or "burglary" [etc.]), by then and there. [Sel out the means used in making the attempt.] ACCESSORY AFTER THE FACT INDICTED WITH THE PRINCIPAL OFFENDER. (After charging A., as the principal offender, with the principal offence, proceed thus) :— And the said jurors further present that, C, well knowing the said A. to have done and committed the said offence, as aforesaid, did, after the same was so done and committed as aforesaid, to wit, on the day and year aforesaid, unlawfully receive, comfort and assist him, the said A., in order to enable him to escape. (1) See pp. 129, 250, 251, 252. 257 and 485, ante, for forms of indictment for attempts, in cases of Sodomy, Murder, Suicide, Rape, Defilement of Girls, and Arson. ACCESSORY AFTER THE FACT, INDICTED ALONE, THE PRINCIPAL OFFENDER HAVING BEEN CONVICTED. (After stating the principal offence and the principal offender's conviction, proceed thus): : No. ART. And the said jurors further present, that C., well knowing the said A. to have done and commited the said offence, as aforesaid, did, after the same was so done and committed, as aforesaid, to wit, on the day and year aforesaid, unlawfully receive, comfort, and assist him, the said A., in order to enable him to escape. 12a 13 325 326 327 Stealing a post letter, etc... Unlawfully opening a under direction.. Receiving stolen property (1). Public servants refusing to deliver up Theft by tenant or lodger. Stealing a document of title Stealing judicial or official documents post-letter, etc. 329 Stealing election documents (3).. ticket. PUNISHMENT. Fourteen years. Fourteen years.... Two years Fourteen years. TRIBUNAL. Either Sup. Ct. Cr. do do do do do do do (1) It will be seen that under Art. 783, post, whenever a person is charged before a magistrate with having committed theft, or obtaining property by false pretences or receiving stolen property, and the value of the property in question does not exceed ten dollars the magistrate may, subject to the provisions of Part LV, try the charge summarily. (2) See sec. 89 (which is unrepealed) of R.S.C., c. 35, set out at p. 304, ante. (3) The fine is in the discretion of the Court. |