Contravention of Provincial 3. Any wilful contravention of any Act of the Legislature Acts, a misde- of any of the Provinces within Canada, which is not made an offence of some other kind shall be a misdemeanor, and punishable accordingly. meanor. Consequences of oath taken Provincial Legislature. 4. Any oath or solemn affirmation now or hereafter made, under Act of subscribed or administered under the authority of any such Act shall be as binding, and shall entail the same legal liabilities and the same consequences with respect to false swearing, perjury or subornation thereof, as if such oath or affirmation were made, subscribed or administered under the authority of an Act of the Parliament of Canada, or of any Act or law in force in such Province at the time of the Union. Conspiracy to intimidate a Provincial legislative 5. Whenever two or more persons confederate, combine or conspire to do any act of violence, in order to intimidate, body a felony. Or to put any force or constraint upon any Legislative Council, Legislative Assembly or House of Assembly in any one of the Provinces within Canada, each of such persons shall be Punishment. guilty of felony, and on being convicted thereof, shall be imprisoned in the penitentiary of the Province in which the offence was committed, for any time not less than two years nor more than fourteen years, or in any other prison for any period less than two years with or without hard labor. Preamble. Accesso les b fore fact my he tried &c., as principals. Accessories before fact. CHAP. 72. An Act respecting Accessories to and Abettors of indictable Offences. [Assented to 22nd May, 1868] WHEREAS it is expedient to assimilate, amend and con the statute law of the several Provinces of Quebec, Ontario, Nova Scotia, and New Brunswick, relating to accessories to and abettors of indictable offences, and to extend the same as so consolidated to all Canada: Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada,enacts as follows:- As to accessories before the fact. 1. Whosoever becomes an accessory before the fact to any felony, whether the same be a felony at common law, or by virtue of any Act passed or to be passed, may be indicted, tried, convicted and punished in all respects as if he were a principal felon, 2. Whosoever counsels, procures or commands any other may be indict person to commit any felony, whether the same be a felony ed as such or at felons. st common law, or by virtue of any Act passed or to be as substantive passed, is guilty of felony, and may be indicted, and convicted either as an accessory before the fact to the principal felony, together with the principal felon, or after the conviction of the principal felon, or may be indicted and convicted of a substantive felony, whether the principal felon has or has not been previously convicted, or is or is not amenable to Justice, and may thereupon be punished in the same manner as any accessory before the fact to the same felony, if convicted as an accessory, may be punished. the second 3. In every felony, every principal in the second degree Principals in shall be punishable in the same manner as the principal in degree. the first degree is punishable. As to accessories after the fact. arter the fact dicted as such 4. Whosoever becomes an accessory after the fact to any Accessories felony, whether the same be a felony at common law or by may be invirtue of any Act passed or to be passed, may be indicted or as substanand convicted, either as an accessory after the fact to the tive fe.ons. principal felony, together with the principal felon, or after the conviction of the principal felon, or may be indicted and convicted of a substantive felony, whether the principal felon has or has not been previously convicted, or is or is not amenable to justice, and may thereupon be punished in like manner as any accessory after the fact to the same felony, if convicted as an accessory, may be punished. accessories af 5. Every accessory after the fact to any felony (except Punishment of where it is otherwise specially enacted), whether the same ter the fact. be a felony at common law, or by virtue of any Act passed, or to be passed, shall be liable to be imprisoned in any gaol or place of confinement other than the penitentiary, for any term less than two years, with or without hard labour; and it shall be lawful for the court, if it shall think fit, to require the offender to enter into his own recognizances, and to find sureties, both or either. for keeping the peace, in addition to such punishment: Provided that no person Proviso, shall be imprisoned under this clause for not finding sureties for any period exceeding one year. As to accessories generally. accessory after victed, &c. 6. If any principal offender is in any wise convicted of Prosecution of any felony, it shall be lawful to proceed against any acces- principal consory, either before or after the fact, in the same manner as if such principal felon had been attainted thereof, notwithstanding such principal felon dies or is pardoned or otherwise delivered before such attainder; and every such accessory Several acces sories may be included in same indictment. Place of trial of accessories. If offence wholly committed in Canada. accessory shall, upon conviction, suffer the same punishment as he would have suffered if the principal had been attainted. 7. Any number of accessories at different times to any felony and any number of receivers at different times of property stolen at one time, may be charged with substantive felonies, in the same indictment, and may be tried together, notwithstanding the principal felon is not included in the same indictment, or is not in custody or amenable to justice. 8. Where any felony has been wholly committed within Canada, the offence of any person who is an accessory, either before or after the fact, to such felony, may be dealt with, inquired of, tried, determined and punished by any Court which has jurisdiction to try the principal felony, or any felonies committed in any district, county, or place in which the act, by reason whereof such person shall have become such accessory, has been committed; and in every In other cases. other case the offence of any person who is an accessory, either before or after the fact, to any felony, may be dealt with, inquired of, tried, determined and punished by any Court which has jurisdiction to try the principal felony, or any felonies committed in any district, county or place in which such person is apprehended or is in custody, whether the principal felony has been committed on the sea or on the land, or begun on the sea and completed on the land, or begun on the land and completed on the sea, or whether within Her Majesty's dominions or without, or partly within Her Majesty's dominions and partly without: Provided that no person once duly tried, either as an accessory before or after the fact, or for a substantive felony under the provisions herein before contained, shall be liable to be alterwards prosecuted for the same offence. Proviso. Abettors in misdemeanors Commencement of Act. As to Abettors in Misdemeanors. 9. Whosoever aids, abets, counsels or procures the commission of any misdemeanor, whether the same be a misdemeanor at common law, or by virtue of any Act, passed or to be passed, shall be liable to be tried, indicted and punished as a principal offender. 10 This Act shall commence and take effect on the first day of January, one thousand eight hundred and sixty nine. CHAP. СНАР. 73. An Act respecting Police of Canada. Assented to 22nd May, 1868.] HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, Preamble. appoint ComPolice. 1. The Governor in Council may, from time to time, Governor may appoint by Commission under the Great Seal, one or more missioners of fit and proper persons to be and act as a Commissioner or Commissioners of Police within any one or more of the Provinces of Canada, or within any one or more of the districts or counties in any Province or within any temporary judicial district, or any provisional judicial district in Ontario. ers of Police Police Con poses only. 2. The Governor in Council may, from time to time, Commissiondirect and authorize any Commissioner of Police under this may apoint Act to appoint any fit and proper persons to serve as Police stables to act Constables under and within the jurisdiction of such Com- for certain purmissioner of Police; and such Commissioner may, at his pleasure, remove any such Police Constable, and every such Police Constable shall obey all lawful directions and be subject to the government of such Commissioner of Police, and shall be charged with all the powers, rights and responsibilities which belong by law to constables duly appointed in the Province, or district or county of the Province, in which they may be appointed, but for the purpose of carrying out the criminal laws, and other laws of the Dominion only. Penalty for bles. 3. If any Police Constable appointed under the authority misconduct by of this Act, be guilty of any disobedience of orders, neglect Police Constaof duty, or any misconduct as such Police Constable, and be convicted thereof before any Commissioner of Police, Police Magistrate or Justice of the Peace, he shall forfeit a sum to be fixed by such Commissioner, Police Magistrate or Justice, not exceeding forty dollars and costs, and in default of immediate payment thereof, shall suffer imprisonment for any time not exceeding three months, unless such fine and costs be sooner paid; and any such person may be proceeded against by indictment for any offence committed by him as such constable, but not both by indictment and under this Act for the same offence. Commission 4. Every Commissioner of Police appointed under this Powers, &c., of Act for the purpose of carrying out the criminal laws and ers of Police, in other earrying out laws thews of the other laws of the Dominion only, shall have and exercise Dominion. within the Province or Provinces, or district or districts, or county or counties, or temporary judicial district or provisional judicial district of a Province for which he is appointed, all the powers and authority, rights and privileges by law appertaining to Police Magistrates of cities, in the same Province, and all the powers and authority, rights and privileges appertaining to Justices of the Peace generally, and shall be subject in all respects except as otherwise provided by this Act, to the requirements of the law of the Province in and for which, or any district or county in which he may be appointed, respecting Police Magistrates and the office of Justice of the Peace; but it shall not be necessary for any Commissioner of Police appointed under this Act to possess any property qualification or to be actually resident within any district, county, temporary judicial district or provisional judicial district of a Province for which he may be appointed. Proviso: no property qualification, &c., required. Duties of Commissioners. Regulations, pay and an to Parliament. 5. Every such Commissioner of Police shall keep minutes of every proceeding had by and before him, and shall keep such accounts, make such returns and collect such information within his jurisdiction, and perform such other duties as the Governor may, from time to time, prescribe and require. 6. Every Commissioner of Police and every Police Connual account stable appointed under this Act shall be subject to such regulations in respect to the order, management and disposition of the police, and shall receive such rates of pay or allowance as may, from time to time, be prescribed by the Governor in Council; and an account shall be laid before. Parliament within the first two weeks after the meeting of each session, of the average number of men employed during each month of the year, and of the cost of pay, and of travelling expenses expended in respect thereof. Appropriation of ones, penalties and forfel ures. 7. All moneys arising from penalties, forfeitures and fines imposed by any Commissioner of Police shall, if not directed by law to be otherwise appropriated, be from time to time paid to such Commissioner of Police, who shall account for the same and pay over or disburse the moneys arising therefrom at such times and in such manner and to such person or persons as the Governor may, from time to time, direct. CHAP. |