(a.ada. Laws, statutes, etc. Codes, Criminal COMMENTARIES, ANNOTATIONS, PRECEDENTS OF INDICTMENTS, &c., &c. 0 BY HENRI ELZÉAR TASCHEREAU, LL.D. One of the Judges of the Supreme Court of Canada. BEING A THIRD EDITION OF THE AUTHOR'S WORK ON THE CRIMINAL TORONTO: THE CARSWELL Co. (LTD.), LAW PUBLISHERS, ETC. Entered according to Act of the Parliament of Canada, in the year one thousand eight hundred and ninety-three, by The CarswelL Co. (Ltd.), in the office of the Minister of Agriculture. PREFACE. THE JULY 1st, 1893, HE coming into force on this day of the Criminal Code has necessitated a new edition of this work, heretofore published sub. nom. "The Criminal Statute Law of Canada." (Two editions, first in 1874, second in 1888.) In the present volume will be found, besides the text of the Code, under each section thereof to which they respectively apply: 1.-The report of the Imperial Commissioners on the draft Code of 1879, submitted to the Imperial House of Commons in the form of a Bill in 1880, from which the present Code has been in a large measure textually taken : 2. The cases from England and each of the Provinces of the Dominion brought down to the latest date: 3-A reference to the Imperial corresponding statute now in force in England: 4.-A reference to the Imperial statutory enactments applying to Canada and to the unrepealed Canadian statutes on the same or cognate subjects: 5.-Copious extracts from Russell, Greaves, Archbold, Bishop and other well known books on Criminal Law: 6. Forms of indictments adapted to the changes in the law for the offences the more frequently met with in our courts; in many instances, these might be shorter, but, till there is a settled jurisprudence on the new law, it was 1 deemed prudent not to expose those who have to draft indictments to useless risks: 7. The changes, extensions, or additions to the law, either italicized in the text of the statute, or pointed out in the annotation. This has been done even in the parts specially relating to justices of the peace, magistrates, coroners, etc., though, as in the previous editions, the size of the book did not allow the annotation of these enactments. The index of matters and tables of cases have been prepared by C. H. Masters, Esq., of the New Brunswick Bar, assistant reporter to the Supreme Court. The following synopsis of the principal parts of the new statute to which the attention of the practitioner should be more especially called may prove useful, though it must not be taken as giving more than about one-half of the amendments introduced: Enactments on magistrates, coroners, justices of the peace, constables, etc. 553. As to jurisdiction, p. 627, post. 568-642. A coroner cannot commit for trial: the finding of murder or manslaughter by a coroner's jury is to be reviewable by a magistrate. (New). 590. Depositions before a justice on a preliminary inquiry must be read over and signed by the witness and the justice, the accused, the witness and justice being all present together at the time of such reading and signing: depositions to be written on one side only of each sheet; may be taken by stenographer; same for depositions on trial of summary convictions, sec. 843, except that the witnesses need not sign their depositions, sec. 856. (New). 550. Trials of offenders under sixteen to be private. (New). 552. Arrest without warrant, in what cases legal by peace-officers and others. (Amended). |