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person, or whereby the life of any person is endangered, such offender shall be guilty of felony.” (Ib. s. 3.)
ATTEMPTS TO DESTROY BUILDINGS.—“If any person unlawfully and maliciously places or throws on, into, upon, against, or near any building or vessel, any gunpowder or any other explosive substance, with intent to do any bodily damage to any person, or to destroy or damage any building or vessel, or any machinery, working tools, fixtures, goods or chattels, the offender shall, whether or not an explosion takes place, and whether or not an injury be effected to any person, or any damage be done to any building, vessel, machinery, working tools, fixtures, goods or chattels, be guilty of felony, and such offender shall be imprisoned in the penitentiary for any time not exceeding seven years nor less than two years, or be imprisoned in any common gaol for any period less than two years."* (Ib. s. 11.) JURISDICTION OF JUSTICES RESPECTING EXPLOSIVE SUBSTANCES.
Any Justice of the Peace of any district, city, town, or place in which any gunpowder or other explosive, dangerous, or noxious substance is suspected to be made or kept for the purpose of being used in committing an offence under this act, may, upon reasonable cause assigned upon oath by any person or persons, issue a warrant under his hand and seal for searching in the daytime any house, shop, cellar, yard, or other building, or any vessel in which such gunpowder or other explosive, dangerous, or noxious substance is suspected to be so made or kept; and every person acting in the execution of any such warrant may seize any gunpowder, explosive substance, or any dangerous or noxious thing, or any machine, engine, or instrument or thing which he has good cause to suspect is intended to be used in committing or enabling any other person to commit any offence against this act, and with all convenient speed after the seizure shall remove the same to such proper place as he thinks fit, and detain the same until ordered by a Judge of one of Her Majesty's superior courts of criminal jurisdiction to restore it to the person who may claim the same.” (16. B. 34.)
* Offences under these three sections are not triable at Quarter Sessions or Recorder's Court.
“The searcher or seizer shall not be liable to any suit for such detainer, or for any loss of, or damage which may happen to the property, other than by the wilful act or neglect of himself or of the persons whom he entrusts with the keeping thereof.” (16. s. 35.)
“Any gunpowder, explosive substance, or dangerous or noxious thing, or any machine, engine, instrument, or thing intended to be used in committing or enabling any other person to commit any offence against this act, and seized and taken possession of under the provisions hereof, shall, in the event of the person in whose possession the same may be found, or of the owner thereof, being convicted for any offence under this act, be forfeited; and the same shall be sold under the direction of the court before which any such person may be convicted, and the proceeds thereof shall be paid into the hands of the Receiver General to and for the use of the province.” (16. s. 36.)
“In every case of a summary conviction under this act, where the sum forfeited for the amount of the injury done, or imposed as a penalty by the Justice, is not paid either immediately after the conviction, or within such period as the Justice at the time of conviction appoints, the convicting Justice (when not otherwise specially directed) may commit the offender to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, for any term not exceeding two months, where the amount of the sum forfeited, or of the penalty imposed, or of both, together with the costs, do not exceed twenty dollars, and for any term not exceeding four months where the amount with costs exceeds twenty dollars, and does not exceed forty dollars, and for any term not exceeding six months where the amount with costs exceeds forty dollars ; the commitment to be determinable in each case upon the payment of the amount and costs.” (16. s. 37.)
BY-LAWS REGULATING THE STORAGE, &c., OF GUNPOWDER, IN CITIES, TOWNS AND INCORPORATED VILLAGES.—“The council of every city, town and incorporated village may respectively pass by-laws for regulating the keeping and transporting of gunpowder and other combustible or dangerous materials; for regulating and providing the support by fees, of magazines for storing gunpowder belonging to private parties, for compelling persons to store therein, for acquiring land as well within as without the municipality for the purpose of erecting powder magazines, and for selling and conveying such land when no longer required therefor.” (Con. Stat. U. C. c. 54, s. 294.)
IN POLICE VILLAGES.—“The trustees of every police village shall execute and enforce therein the regulations following:
“No person shall keep or have gunpowder for sale, except in boxes of copper, tin or lead, under a penalty of five dollars for the first offence, and ten dollars for every subsequent offence.
“No person shall sell gunpowder, or permit gunpowder to be sold, in his house, storehouse or shop, outhouse or other building at night, under a penalty of ten dollars for the first offence, and twenty dollars for every subsequent offence.” (16. s. 312.)
EXTRADITION. EXTRADITION OF FUGITIVE CRIMINALS FROM THE BRITISH NORTH AMERICAN PROVINCES.—“If any person against whom a warrant has been issued by the Chief Justice of the Queen's Bench, or by any other magistrate having competent authority in any of Her Majesty's Provinces or Governments in North America respectively, for any felony or other crime of a high nature, escapes into or is found in any part of Upper Canada, any Justice of the Peace of the county, city or place where such person resides or is supposed to be, may, upon due proof being made of the hand-writing of the magistrate who issued the warrant, endorse his the said Justice's name thereon, and such warrant so endorsed shall be a sufficient authority to all persons to whom such warrant was originally directed, and also to all constables of the county, city or place where such warrant has been so endorsed, to execute the same, by apprehending the person against whom such warrant has been granted, and to convey him into the province from which such warrant was originally issued, to be dealt with according to law.” (Con. Stat. U. C. c. 95, s. 1.)
6 Before any such warrant is so endorsed the person applying for its endorsement shall enter into a recognizance with sufficient sureties, in a sum not less than two hundred dollars, to indemnify this province, and every part thereof, against any expense
may arise or accrue from the apprehension of such offender, and also to bring the said offender or cause him to be brought to trial; and the magistrate to whom such application is made is hereby authorized to take such recognizance.” (16. 8. 2.)
OF OFFENDERS FROM THE UNITED STATES.-Con. Stat. of Canada, c. 89, provides for the apprehension and surrender to the United States by Canada, and to Canada by the United States, of all persons charged with any of the following crimes, viz.: murder, assault with intent to commit murder, piracy, arson, robbery, forgery, or the utterance of forged paper. The first, second and third sections of the last mentioned act were repealed, and the following substituted therefor
For s. 1: “Upon complaint made under oath or affirmation (in cases where affirmations can be legally taken instead of oaths), charging any person found within the limits of this province with having committed within the jurisdiction of the United States of America any of the crimes enumerated or provided for by the said treaty, it shall be lawful for any Judge of any of Her Majesty's Superior Courts in this provinee, or any Judge of a County Court in Upper Canada, or any Recorder of a city in this province, or any Police Magistrate or Stipendiary Magistrate in this province, or any Inspector and Superintendent of Police empowered to act as a Justice of the Peace in Lower Canada, to issue his warrant for the apprehension of the person so charged, that he may be brought before such Judge or other officer; and upon the said person being brought before him under the said warrant, it shall be lawful for such Judge or other officer to examine upon oath any person or persons touching the truth of such charge, and upon such evidence as according to the laws of this Province would justify the apprehension and committal for trial of the person so accused, if the crime of which he shall be so accused had been committed herein, it shall be lawful for such Judge or other officer to issue his warrant for the commitment of the person so charged to the proper gaol, there to remain until surrendered, according to the stipulation of the said treaty, or until discharged according to law; and the said Judge or other officer shall thereupon forthwith transmit or deliver to the Governor a copy of all the testimony taken before him, that a warrant may issue, upon the requisition of the United States for the surrender of such person, pursuant to the said treaty.
For s. 2: “In every case of complaint as aforesaid, and of a hearing upon the return of a warrant of arrest, copies of the depositions upon which the original warrant may have been granted in the United States, certified under the hand of the person or persons issuing such warrant, and attested upon the oath of the party producing them to be true copies of the original depositions, may be received in evidence of the criminality of the person so apprehended.”
For s. 3: “It shall be lawful for the Governor, upon a requisition made as aforesaid by the United States, by warrant under his hand and seal, to order the person so committed to be delivered to the person or persons authorized to receive such person in the name and on behalf of the United States, to be tried for the crime of which such person stands accused, and such person shall be delivered up accordingly; and the person or persons authorized as aforesaid may hold such person in custody, and take him to the territories of the said United States, pursuant to the said treaty; and if the person so accused escapes out of any custody to which he stands committed, or to which he has been delivered as aforesaid, such person may be retaken in the same manner as any person accused of any crime against the laws of this province may be retaken upon escape.