M "127, Note (2). "165, Line 23. 64 120, Line 14. 124, Line 14. "182, Note (1). 66 185, Note (4). "187, Line 20. "187, Note (1). "193, Line 54. 44 CORRECTIONS. Strike out the word "such." Read" Compulsion "instead of “ Complusion." Read" Broom's Leg. Max." instead "Brown's Leg. Max." Read "Dears C. C. R." instead of "1 Dears C. C. R." Read " pp. 41-42" instead of " p. 140." Read" Numbers," instead of " Number." Read "with," instead of "will ". Read " 2 F. & F." instead "2 F. & J.”. Read "he" instead of "be." Read" intended" instead of "intented." Read "frustrated" instead of "frustated. Read "advises," instead of " advices." Read "go" instead of “ ge". Read "makes" instead of "make." Read "Majesty's " instead of " Majesty." Read" Gotley " instead of " Gatley." Read 46 C. & P." instead of "C. D. P." Read "54 L. J. (M.C) 14," instead of "L. J. (M.C.) 14.” Read" delaying," instead of for " delaiyng." Read" art," instead of "ar ". Read" E. & B" instead of "8 R. & B." Read "233" instead of " 223." 173, Heading of, Read "BODILY" instead of " BOLIDY. Read "175" instead of "715." Read "Dears & B." instead of "1 Dears & B." Read "Audley, 1 St. Tr.393," instead of "Andley, St. Tr. 393" Read " 1 C. C. R." instead of " 1 C. C." 175, Numbering of. 198, Note (7). Read "199, Note (7), Read 46 "" 1 Q. B. D." instead of "Q. B. D. " Horn" instead of "Hern." 202, Note (3). Read Mar." instead of "Mor." 219, Line 31. Read "girl" instead of “girf.” Read "Mathews" instead of "Mathers." Read " 33" instead of “32.” 223, Note (1). Read "Ir." instead of "Jr." Read "Commits" instead of "comml s." Read " L. R., 4 P. C. 495," instead of "L. R. P. C. 495." 64 Read "C. & P." instead of "C. P." Read" 12 Q. B. D. 25," instead of " 12 Q. B. D. 38." Read "12 Q. B. D. 25," instead of " 12 Q. B. D." Read "R.v. King, R. & R. 332," instead of "R.v. King, 332." Insert shew" between "theft" and "that.” Read "1 C C. R. 150," instead of “1 C. C. 150." 66 Read 2 C. C. R. 134," instead of "2 C. C. 134." Read "Dav. & M." instead of Dan. & M." Read "I A. & E. 706," instead of "1 A. & E. 70." Read " Mood.", instead of "Mood,” Read "1 Den. 35," instead of "Den. 35." Read "Joyce" instead of " Jovce." Read " Rob.", instead of "Rol." Read " 21 L. J.," instead of “ 23 L. J.' Read "Counterfeit " instead of " conterfeit." Read "foreign" instead of "foreing.” Read" time," instead of "tiem." Read "for," instead of " or." Read " 634," instead of " 614." Read " waived," instead of "named." Read" 18 L. T.," instead of " L. T." Read "Greenough," instead of "Grenough." Read "proceeding," instead of " preceding." Read “6 Cox, 194,” instead of “ 6 Cox.” Read "where," instead of " were." Read "North," instead of "Nerth." Read ❝ 28 L. J. (M. C.)," instead of “ 29 L. J. (M. C.), Read "Conditions," instead of " certificate." Read "gentlemen," instead of " genlemen.” INTRODUCTION. and upon The CRIMINAL CODE OF CANADA, before being passed into law, was submitted to and carefully considered and revised by legal experts selected from and forming a Joint Committee of the two Houses of Parliament, and was also critically examined and fully discussed in each House by a Committee of the whole. It is founded upon the English Draft Code of 1880, on Stephen's Digest of the Criminal Law of England, on Burbridge's Digest of the Canadian Criminal Law, Canadian Statutes. It is a codification of both the common and the statutory law relating to criminal matters and criminal procedure; but, while it aims at superseding the statutory law, it does not abrogate the rules of the common law. These are retained, and will be available, whenever necessary, to aid and explain the express provisions of the Code, or to supply any possible omissions, or meet any new combination of circumstances that may arise, so that, in this respect, all that elasticity which is claimed for the Common law rules and principles of the old system is preserved for the system established by the Code. In the Report of the Royal Commissioners appointed to consider the provisions of the English Draft Code, the following general remarks are to be found in reference to codification : "The question whether the reduction of the criminal law of England, written and unwritten, into one code is either desirable or practicable is one which has been much considered. In 1833, 1836, and 1837, three different commissions were issued, under which eight Reports were made. In 1845, a fourth commission was issued, under which five Reports were made. In the fourth report of the Commissioners of 1845 is a draft of a Bill for consolidating, into one statute, the written and unwritten law relating to the definitions of crimes and punishments. This Bill was introduced into the House of Lords, in 1848, by Lord Brougham, but was not further pro ceeded with. "In 1852, Lord St. Leonards, then Chancellor, took up the matter, and gave directions for preparing separate Bills for the codification of the criminal law on separate subjects. One Bill, for the codification of the law as to offences against the person, was accordingly prepared, and was introduced in the House of Lords, by Lord St. Leonards, and referred to a Select Committee comprising (amongst others) Lords Lyndhurst, Brougham, Campbell, Truro, and Cranworth. That Select Committee considered the Bill, and made many amendments in it, but had not completely revised it when, on the change of government, the matter dropped. "In 1853, the consideration of the subject was resumed, and Lord Cranworth (then Chancellor) sent a copy of the Bill, as amended by the Select Committee, to the Judges, requesting their opinions on it. These opinions were unfavorable; and the Chancellor thereupon requested and received, in answer to the criticisms of the Judges, a memorandum, from Messrs. Greaves and Lonsdale, the gentlemen who had prepared the Bill. "These papers were laid before the House of Lords, and are the Sessional Papers No. 19 and No. 180 of 1854. "The plan of codification was abandoned by Lord Cranworth; but eight Bills were prepared under his directions, and, after much consideration, nine other Bills were prepared in 1856. "Of these last, seven became, with some alterations, the Acts well known as Greaves' Criminal Consolidation Acts, 24 and 25 Vict., cc. 94, 95, 96, 97, 98, 99, and 100. These Acts have, undoubtedly, worked very well, and there have been few difficulties as to the interpretation of their clauses; but they make no attempt at codification. For example, c. 100, sec. 1 enacts that whosoever is convicted of murder shall suffer death, but leaves it to the common law to say what is murder; and sec. 20 enacts that whosoever shall unlawfully wound shall be liable to penal servitude, but leaves it to the common law to say under what circumstances wounding is not unlawful. "The Reports above mentioned contain a great deal of very valuable information. We have consulted and referred to them ; and, though we dare not say we have considered everything of value to be found in such an immense mass of printed matter, we hope that nothing very material has escaped our notice. "We have also considered, with care, Lord St. Leonards' Bill as amended by the Select Committee, and the criticisms of the judges as found in the Sessional Papers of 1854. These criticisms (many of |