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AGGRESSION-

foreign, by subject of peaceful state, 47
by British subject in company with foreigner, 48

AIDER AND ABETTOR—

is a party to and guilty of offence, 28

principals in second degree defined as, 31

presence at commission of offence may be actual or constructive, 37
presence during whole transaction not necessary, 32

participation in act necessary, 32

in suicide, 33

unlawful combination, 33

seconds to duel, 35

may be tried before principal is convicted, 35

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AMENDMENT-Continued.

examples of, 836

test as to prejudice by, 837

statute allowing to be liberally construed, 839
when it must be made, 830

decisions on the statute, 841

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warrant in first instance for, on preliminary inquiry, 635

in one district for offence in another, 637

APPRENTICE-

correction of by master, 27

duty of master to provide for, 143

punishment for neglect, 144

remarks on enactment, 145

form of indictment, 147

evidence on trial against master, 147

assault by master on, 151

form of indictment, 152

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producing near, or aiming at, Her Majesty, 49

unlawful drilling to use of, 59

carrying or selling, 65

selling or giving to minor, 66

having on person when arrested, 66

possessing with intent to do injury, 67

legal carrying of, 67

refusing to deliver, when attending public meeting, 68

coming armed near meeting, 68

sale of, in North-west Territories, 69

And see OFFENSIVE WEAPONS.

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of wrong person, justified, 15
by peace officer, justified, 16

without warrant, by any one of person found committing offence, 17
by any one without warrant after commission of offence, 17

for major offence committed by night, 17

without warrant, by peace officer, or person found committing offence, 17

without warrant, by any one, of person found committing offence by

night, 18

during flight, 18

statutory power of, not affected, 18

necessary force in making, 19

production of process or warrant if required, 19

notice of cause of arrest to be given, 19

consequence of failure to produce or give notice, 19

by peace officer, for major offence, necessary force to prevent escape, 19

by private person the same, 20

by any one for minor offence, the like, 20

preventing escape or rescue in major offence, 20

in minor offence, 20

of deserter, resisting execution of warrant for, 50
assault to resist or prevent, 254

form of indictment, 257

without warrant, for what offences lawful, 616
by private person, 619

ARREST-Continued.

for contempt of court, 623

time, place and manner of, 624

And see WARRANT.

ARREST OF JUDGMENT-

formal defects, none for, 701

motion for, 852

ARSON-

setting fire to buildings, etc., 558

remarks on, 558

attempt to commit, 563

form of indictment, 563

setting fire to crops, trees, etc., 564

attempt, 564

setting fire to forests, etc., 565

form of indictment, 565

threats to burn, 565

ARTICLES OF THE PEACE-

estreating recognizance for, 953
when ordered, forms, etc., 969
ASPORTATION-

necessary in theft, 320, 338

ASSAULT-

self-defence against unprovoked, 22

provoked, 23

provocation may be by blows, words or gestures, 23
accompanied with insult, defence against, 24

in defence of moveable property, 24

real property, 25

on person entering on property under claim of title, 26

with intent, is an attempt, 43

on the Queen, 49

in committing piratical act, 75

definition of, 252

indecent, on females, 252

form of indictment, 252

with intent to commit sodomy, 253

indecent on males, 253

consent of children under fourteen, no defence, 253

occasioning actual bodily harm, 253

form of indictment, 253

AGGRAVATED ASSAULTS--

with intent to commit indictable offence, 254

form of indictment, 255

on public or peace officer in execution of his duty, 254

form of indictment, 255

evidence at trial, 255

with intent to resist or prevent apprehension, 254

form of indictment, 257

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ATTEMPT-

act done with intent to commit an offence is an, whether or not commis-

sion is possible, 42

sections of code relating to, 42

remarks on, 43

to assault Her Majesty, 49

to induce person to take unlawful oath, 71

form of indictment, 71

to influence member of municipal council, 82
to obstruct, etc., the course of justice, 104
to break prison, 111

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