Proviso.

On a conviction for an

assault the Court may

of the prose

and being of good behaviour; and such fine may be proportioned to the means of the offender, and in case of any felony punishable under this Act, otherwise than with death, the Court may, if it think fit, require the offender to enter into his own recognizances and to find sureties, both or either, for keeping the peace, in addition to any punishment by this Act authorized; Provided that no person shall be imprisoned for not finding sureties under this section, for any period exceeding one year.

78. When any person is convicted on any indictment of any assault whether with or without battery and wounding, or either of them, such person may, if the Court thinks fit, in addition to order payment any sentence which the Court may deem proper for the offence, cutor's costs by be adjudged to pay to the prosecutor his actual and necessary the defendant. Costs and expenses of the prosecution, and such moderate allowance for loss of time as the Court shall, by affidavit or other inquiry and examination, ascertain to be reasonable; and unless the sums so awarded are sooner paid, the offender shall be imprisoned in any gaol or place of confinement other than a Penitentiary, for any term the Court shall award, not exceeding three months, in addition to the term of imprisonment (if any) to which the offender may be sentenced for the offence.

Such costs

by distress.

79. The Court may, by warrant in writing, order such sum as may be levied shall be so awarded to be levied by distress and sale of the goods and chattels of the offender, and paid to the prosecutor, and that the surplus, if any, arising from such sale shall be paid to the owner; and in case such sum shall be so levied, the imprisonment awarded until payment of such sum shall thereupon cease.

Summary proceedings.

Commence

80. Every offence hereby made punishable on summary conviction may be prosecuted in the manner directed by the Act of the present Session, intituled: An Act respecting the duties of Justices of the Peace, out of sessions, in relation to summary convictions and orders, or in such other manner as may be directed in any Act that may be passed for like purposes, and all provisions contained in such Acts shall be applicable to such prosecutions in the same manner as if they were incorporated in this Act.

81. This Act shall commence and take effect on the first day ment of Act. of January, one thousand eight hundred and seventy.

Preamble.

CAP. XXI.

An Act respecting Larceny and other similar Offences. [Assented to 22nd June, 1869.]

WHERE

HEREAS it is expedient to assimilate, amend and consolidate the Statute Law of the several Provinces of Quebec, Ontario, Nova Scotia and New Brunswick, relating to Larceny

and

and other similar 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:

1. In the interpretation of this Act:

of terms.

The term "Document of title to goods," shall include any bill Interpretation of lading, India warrant, dock warrant, warehouse-keeper's certi- Document of ficate, warrant or order for the delivery or transfer of any goods title to goods." or valuable thing, bought and sold note, or any other document used in the ordinary course of business as proof of the possession or control of goods, authorizing or purporting to authorize, either by indorsement or by delivery, the possessor of such document to transfer or receive any goods thereby represented or therein mentioned or referred to :

The term "Document of title to lands," shall include any deed, "Document of map, paper or parchment, written or printed, or partly written and title to lands." partly printed, being or containing evidence of the title, or any part of the title to any real estate, or to any interest in or out of any real estate, or any Notarial or Registrar's copy thereof, or any duplicate instrument, memorial, certificate, or document authorized or required by any law in force in any part of Canada, respecting registration of titles, and relating to such title;

The term "Trustee" shall mean a trustee on some express "Trustee." trust created by some deed, will or instrument in writing, or a trustee of personal estate created by parol, and shall include the heir or personal representative of any such trustee, and any other person upon or to whom the duty of such trust may have devolved or come, and also an executor and administrator, and an official manager, assignee, liquidator or other like officer acting under any present or future Act relating to joint stock companies, bankruptcy or insolvency, and any person who is by the law of the Province of Quebec, an "Administrateur;" and the word "Trust" shall include whatever is by that law an "Administration ;"

security,"

The term " Valuable security" shall include any order, exche- " Valuable quer acquittance or other security whatsoever entitling or evidencing the title of any person or body corporate to any share or interest in any public stock or fund, whether of Canada, or of any Province therein, or of the United Kingdom, or of Great Britain or Ireland, or of any British Colony or Possession, or of any foreign state, or in any fund of any body corporate, company or society, whether within Canada, or the United Kingdom or any British Colony or Possession, or in any foreign state or country, or to any deposit in any Savings Bank or other Bank, and shall also include any debenture, deed, bond, bill, note, warrant, order, or other security whatsoever for money or for payment of money, whether of Canada, or of any Province therein, or of the United

Kingdom,

Kingdom, or of any British Colony or Possession, or of any foreign state, and any document of title to lands or goods as hereinbefore defined, and any stamp or writing which secures or evidences title to or interest in any chattel personal, or any release, receipt, discharge, or other instrument evidencing payment of money, or the delivery of any chattel personal; and every such valuable security shall, where value is material, be deemed to be of value equal to that of such unsatisfied money, chattel personal, share, interest, or deposit, for the securing or payment of which, or delivery, or transfer, or sale of which, or for the entitling or evidencing title to which, such valuable security is applicable, or to that of such money or chattel personal, the payment or delivery of which is evidenced by such valuable security;

The term "Property" shall include every description of real and personal property, money, debts and legacies, and all deeds and instruments relating to or evidencing the title or right to any property, or giving a right to recover or receive any money or goods, and shall also include not only such property as may have been originally in the possession or under the control of any party, but also any property into or for which the same may have been converted or exchanged, and any thing acquired by such conversion or exchange, whether immediately or otherwise;

The term "Cattle" shall include any horse, mule, ass, swine or goat, as well as any neat cattle or animal of the bovine species, and whatever be the age or sex of the animal, and whether castrated or not, and by whatever technical or trivial name it may be known and shall apply to one animal as well as to many;

The term "Banker" shall include any director of any incorporated bank or banking company;

The term "writing" shall include any mode in which and any material on which words or figures at length or abridged are written, printed or otherwise expressed, or any map or plan is inscribed;

The term "testamentary instrument" shall include any will, codicil, or any other testamentary writing or appointment, as well during the life of the testator whose testamentary disposition it purports to be, as after his death, where the same relates to real or personal estate, or both;

The term "Municipality" shall include the Corporation of any City, Town, Village, Township, Parish or other territorial or local division of any Province of Canada, the inhabitants whereof are incorporated or have the right of holding property for any

purpose;

Whenever the having anything in the possession of any person, is in this Act expressed to be an offence, then if any person has

any

any such thing in his personal custody or possession, or knowingly or wilfully has any such thing in any dwelling-house or other building, lodging, apartment, field, or other place open or enclosed, whether belonging to, or occupied by himself or not, and whether such matter or thing be so had for his own use or benefit, or for that of another, such person shall be deemed to have such matter or thing in his custody or possession within the meaning of this Act, and where there are two or more persons, any one or more of whom, with the knowledge and consent of the rest, has any such thing in his or their custody or possession, it shall be deemed and taken to be in the custody and possession of all of them;

For the purposes of this Act, the night shall be deemed to com- "Night." mence at nine of the o'clock in the evening of each day, and to conclude at six of the clock in the morning of the next succeeding day, and the day shall include the remainder of the twenty-four hours.

same nature.

2. Every larceny, whatever be the value of the property stolen, All larcenies shall be deemed to be of the same nature, and shall be subject to to be of the the same incidents in all respects as grand larceny was before the distinction between grand and petit larceny was abolished.

lently conver◄

3. Whosoever being a bailee of any chattel, money or valuable Bailee fraudusecurity, fraudulently takes or converts the same to his own use ting property, or to the use of any person other than the owner thereof, although guilty of he do not break bulk or otherwise determine the bailment, is larceny. guilty of larceny, and may be convicted thereof upon an indictment for larceny; but this section shall not extend to any offence punishable on summary conviction.

larceny.

4. Whosoever is convicted of simple larceny or of any felony Punishment hereby made punishable like simple larceny, shall (except in the for simple cases hereinafter otherwise provided for) be liable to be imprisoned in the Penitentiary for any term not exceeding three years, and not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less two years, with or without hard labour, and with or without solitary confinement.

charged in one

5. It shall be lawful to insert several counts in the same indict- Three laroenment against the same person for any number of distinct acts of ies may be stealing, not exceeding three, which have been committed by him indictment. against the same person within the space of six months from the first to the last of such acts, and to proceed thereon for all or any of them.

6. If upon the trial of any indictment for larceny it appears Where one that the property alleged in such indictment to have been stolen taking is at one time was taken at different times, the prosecutor or counsel charged and for the prosecution shall not by reason thereof be required to elect at different upon which taking he will proceed, unless it appears that there times are

were

several takings

proved.

Larceny after a conviction

for felony.

Larceny after conviction of

an indictable misdemeanor

were more than three takings, or that more than the space of six months elapsed between the first and the last of such takings; and in either of such last mentioned cases the prosecutor or counsel for the prosecution shall be required to elect to proceed for such number of takings not exceeding three, as appear to have taken place within the period of six months from the first to the last of such takings.

7. Whosoever commits the offence of simple larceny after a. previous conviction for felony, whether such conviction has taken place upon an indictment or under the provisions of the Act respecting the prompt and summary administration of Criminal Justice in certain cases, or of any other Act for like purposes, shall be liable to be imprisoned in the Penitentiary for any term not exceeding ten years, and not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour, and with or without solitary confinement.

8. Whosoever commits the offence of simple larceny or any offence hereby made punishable like simple larceny, after having been previously convicted of any indictable misdemeanor punishunder this Act. able under this Act, shall be liable to be imprisoned in the Penitentiary for any term not exceeding seven years and not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour, and with or without solitary confinement.

Larceny after 9. Whosoever commits the offence of simple larceny, or any two summary offence hereby made punishable like simple larceny, after having convictions. been twice summarily convicted of any of the offences punishable upon summary conviction under the provisions contained in this Act, or in any former Act or law relating to the same subjects, or in the Act respecting the prompt and summary administration of Criminal Justice in certain cases, or other Act for like purposes, or in the Act respecting the trial and punishment of Juvenile Offenders, or in the Act respecting malicious injuries to property, whether each of the convictions has been in respect of an offence of the same description or not, and whether such convictions or either of them has been before or after the passing of this Act,) is guilty of felony, and shall be liable to be imprisoned in the Penitentiary for any term not exceeding seven years, and not less than two years, or to be imprisoned in any other gaol or place of confinement, for any term less than two years, with or without hard labour, and with or without solitary confinement.

Stealing cattle.

As to larceny of cattle or other animals.

10. Whosoever steals any cattle is guilty of felony, and shall be liable to be imprisoned in the Penitentiary for any term not exceeding fourteen years and not less than two years, or to be imprisoned in any other gaol or place of confinement for any term

less