PART VII.-Sections one hundred and twenty, administering, taking or procuring the taking of oaths to commit certain crimes; one hundred and twenty-one, administering, taking or procuring the taking of other unlawful oaths, PART VIII.-Sections one hundred and twenty-seven, piracy; one hundred and twenty-eight, piratical acts; one hundred and twentynine, piracy with violence. PART XI.-Sections one hundred and fifty-nine, being at large while under sentence of imprisonment; one hundred and sixty-one, breaking prison; one hundred and sixty-three, escape from custody or from prison; one hundred and sixty-four, escape from lawful custody. PART XIII.-Section one hundred and seventy-four, unnatural offence. PART XVIII.-Sections two hundred and thirty-one, murder; two hundred and thirty-two, attempt to murder; two hundred and thirty-five, being accessory after the fact to murder; two hundred and thirty-six, manslaughter; two hundred and thirty-eight, attempt to commit suicide. PART XIX.-Sections two hundred and forty-one, wounding with intent to do bodily harm; two hundred and forty-two, wounding; two hundred and forty-four, stupefying in order to commit an indictable offence; two hundred and forty-seven and two hundred and forty-eight, injuring or attempting to injure by explosive substances; two hundred and fifty, intentionally endangering persons on railways; two hundred and fifty-one, wantonly endangering persons on railways; two hundred and fifty-four, preventing escape from wreck. PART XXI.-Sections two hundred and sixty-seven, rape; two hundred and sixty-eight, attempt to commit rape; two hundred and sixty-nine, defiling children under fourteen. PART XXII. - Section two hundred and eighty-one, abduction of a woman. PART XXV.-Section three hundred and fourteen, receiving property dishonestly obtained. PART XXVI. - Sections three hundred and twenty, theft by agent, &c.; three hundred and fifty-five, bringing into Canada things stolen. PART XXIX.-Sections three hundred and ninety-eight, aggravated robbery; three hundred and ninety-nine, robbery; four hundred, assault with intent to rob; four hundred and one, stopping the mail; four hundred and two, compelling execution of documents by force; four hundred and three, sending letter demanding with menaces; four hundred and four, demanding with intent to steal ; four hundred and five, extortion by certain threats. PART XXX.-Sections four hundred and eight, breaking place of worship and committing an indictable offence; four hundred and nine, breaking place of worship. with intent to commit an indictable offence; four hundred and ten, burglary; four hundred and eleven, housebreaking and committing an indictable offence; four hundred and twelve, housebreaking with intent to commit an indictable offence; four hundred and thirteen, breaking shop and committing an indictable offence; four hundred and fourteen, breaking shop with intent to commit an indictable offence; four hundred and fifteen, being found in a dwelling-house by night; four hundred and sixteen, being armed, with intent to break a dwelling-house; four hundred and seventeen, being disguised or in possession of housebreaking instruments. PART XXXI.-Sections four hundred and twenty-three, forgery; four hundred and twenty-four, uttering forged documents; four hundred and twenty-five, counterfeiting seals; four hundred and thirty, possessing forged bank notes; four hundred and thirty-two, using probate obtained by forgery or perjury. PART XXXII.-Sections four hundred and thirty-four, making, having or using instrument for forgery or uttering forged bond or undertaking; four hundred and thirty-five, counterfeiting stamps; four hundred and thirty-six, falsifying registers PART XXXIV.-Section four hundred and fifty-eight, personation of certain persons. PART XXXV.-Sections four hundred and sixty-two, counterfeiting gold and silver coin; four hundred and sixty-six, making instruments for coining; four hundred and sixty-eight, clipping current coin; four hundred and seventy, possessing clipping of current coin; four hundred and seventy-two, counterfeiting copper coin; four hundred and seventy-three, counterfeiting foreign gold and silver coin; four hundred and seventy-seven, uttering counterfeit current coin. PART XXXVII.-Sections four hun Ired and eighty-two, arson; four hundred and eighty-three, attempt to commit arson; four hundred and eighty-four, setting fire to crops; four hundred and eighty-five, attempting to set fire to crops; four hundred and eightyeight, attempt to damage by explosives; four hundred and eightynine, mischief on railways; four hundred and ninety-two, injuries to electric telegraphs, &c.; four hundred and ninety-three, wrecking four hundred and ninety-four, attempting to wreck; four hundred and ninety-five, interfering with marine signals; four hundred and ninety-eight, mischief to mines; four hundred and ninety-nine, mischief. 2. Any one found committing any of the offences mentioned in the following sections, may be arrested without warrant by a PEACE OFFICER; PART XXVII.-Sections three hundred and fifty-nine, obtaining by false pretense; three hundred and sixty, obtaining execution of valuable securities by false pretence. PART XXXV.-Sections four hundred and sixty-five, exporting counterfeit coin; four hundred and seventy-one, possessing counterfeit current coin; four hundred and seventy-three paragraph (b), possessing counterfeit foreign gold or silver coin; four hundred and seventythree, paragraph (d), counterfeiting foreign copper coin. PART XXXVII.-Sections four hundred and ninety-seven, cutting booms, or breaking loose rafts or cribs of timber or saw-logs; five hundred, attempting to injure or poison cattle. PART XXXVIII.-Sections five hundred and twelve, cruelty to animals; five hundred and thirteen, keeping cock-pit. 3. A PEACE OFFICER may arrest, without warrant, any one whom he finds committing any offence against this Act, and ANY PERSON may arrest, without warrant, any one whom he finds by night committing any offence against this Act. 4. ANY ONE may arrest without warrant a person whom he, on reasonable and probable grounds, believes to have committed an offence and to be escaping from, and to be freshly pursued by, those whom the person arresting, on reasonable and probable grounds, believes to have lawfull authority to arrest such person. 5. The OWNER of any property on or in respect to which any person is found committing an offence against his Act, or any person authorized by such owner, may arrest without warrant the person so found, who shall forthwith be taken before a justice of the peace to be dealt with according to law. 6. Any OFFICER in Her Majesty's service, any WARRANT or PETTY OFFICER in the navy, and any NON-COMMISSIONED OFFICER OF MARINES may arrest without warrant any person found committing any of the offences mentioned in section one hundred and nineteen of this Act. 7. Any PEACE OFFICER may, without a warrant, take into custody any person whom he finds lying or loitering in any highway, yard or other place during the night, and whom he has good cause to suspect of having committed, or being about to commit, any indictable offence, and may detain such person until he can be brought before a justice of the peace, to be dealt with according to law; (a.) No person who has been so apprehended shall be detained after noon of the following day without being brought before a justice of the peace. For definition of 66 Peace officer," see Art. 3 (s), ante, p. 5. 64 Night is the interval between 9 p. m. and 6 a. m. of the following day, (Art. 3 q.) The following is an alphabetical list of the offences enumerated in clause I of the above Article, 552, and for which an offender, when found committing any of them, may be arrested, without warrant, by any one :— Assaults on the Queen, (Article 71). Administering, taking or procuring unlawful oaths, (Articles 120, 121). Abduction, (Article 281). Arson, setting fires, etc. (Articles 482, 483, 484, 485). Attempt to damage by explosives, (Article 488). Being at large while under sentence of imprisonment, (Article 159). Breaking prison, (Article 161). Bringing stolen property into Canada, (Article 355). Breaking place of worship. (Articles 408, 409). Burglary, housebreaking, shopbreaking, etc. (Articles 410, 411, 412, 413, 414). Being found in a dwelling by night, (Article 415). Being found armed with intent to break a dwellinghouse, (Article 416) Being disguised or in possession of housebreaking instruments; (Article 417). Counterfeiting seals; Counterfeiting stamps, (Articles 425, 435). Counterfeiting gold and silver coin; Making coining instruments; and Uttering counterfeit current coin, (Articles 462, 466, 477). Clipping current coin; Possessing clippings, (Articles 468, 470). Counterfeiting copper coin. (Article 472). Counterfeiting foreign gold and silver coin, (Article 473). Defiling children. (Article 269). Demanding by threatening letters. (Article 403). Demanding with intent to steal, (Article 404). Endangering persons on railways, (Articles 250, 251). Escapes, (Articles 163, 164). Extortion by threats, (Article 405). Forcibly compelling execution of documents, (Article 402). Forgery; Uttering forged documents; Possessing forged bank notes; Using probate obtained by forgery or perjury; Making, having or using forgery instruments (Articles 423, 424, 430, 432, 434) Falsifying register, (Article 436). Injuring or attempting to injure by explosives, (Articles 247, 248). Injuring electric telegraph, etc, (Article 492). Interfering with marine signals, (Article 495). Murder; Attempt to murder; Accessory to murder, (Articles 231, 232, 235). Manslaughter, (Article 236). Mischief on railways, etc. (Articles 489, 498, 499). Piracy; Piratical acts; Piracy with violence, (Articles 127,128, 129). Riot act, offences respecting reading of, (Article 83). Receiving stolen property, (Article 314). Robbery; Aggravated robbery; Assault with intent to rob, (Articles 398, 399, 400). Stopping the mail, (Article 401). Suicide, attempt at, (Article 238). Stupefying in order to commit indictable offence, (Article 244). Treason; Accessory; Treasonable offences, (Articles 65, 67, 68, 69, 70). Theft by agent, etc. (Article 320). Unnatural offence, (Article 174). Wreck, preventing escape from, (Article 254). Wrecking; Attempt to wreck, (Articles 493, 494). Wounding, (Articles 241, 242). "FOUND COMMITTING " has been held to mean either seeing the party actually committing the offence or pursuing him immediately or continuously after he has been seen committing it; so that to justify the arrest, without warrant, of an offender, on the ground of his being found committing an offence, he must be taken in the very act of committing it, or there must be such fresh and continuous pursuit of him from his being seen and surprised in the act until his actual capture that the finding him in the act and his subsequent pursuit and capture may be considered to constitute one transaction. (1) Immediately means immediately after the commission of the offence, and not immediately after the discovery of its commission. Pursuit after an interval of three hours would not be a fresh pursuit. (2) (1) R. v. Curran, 3 C. & P. 397; 1 Russ, Cr. 5 Ed. 715; Hanway v. Boultbee, 1 M & R. 15; Clarke's Magist. Man. 42. (2) Downing v. Capel, L. R. 2 C. P. 461; Leete v. Hart, 37 L. J. C. P. 157. |