Term "stores" defined. Proof under this Act. Imprisonment under this Act in certain cases. Commencement of Act. 14. The term "Stores" shall include any single store or article. 15. In all prosecutions under this Act, proof that any soldier, seaman or marine was actually doing duty in Her Majesty's service shall be prima facie evidence that his enlistment, entry or enrolment has been regular. 16. Persons convicted or sentenced to imprisonment under this Act, before the City Court of Halifax, may, in the discretion of the Court, be imprisoned in the city prison with hard labour, instead of the county gaol. 17. This Act shall commence and take effect upon, from and after the first day of July, one thousand eight hundred and sixty-nine. Preamble. SCHEDULE. Marks appropriated for Her Majesty's use in or on Naval, Hempen Cordage and Wire Rope. White, black, or coloured worsted threads laid up with the yarns and the wire, respectively. Canvas, Fearnought Hammocks, A blue line in a serpentine form. and Seamen's Bags. Bunting. Candles. A double tape in the warp. Timber, metal, and other stores The broad arrow, with or without An Act respecting Cruelty to Animals. [Assented to 22nd June, 1869.] HEREAS it is expedient that provision should be made, WH extending to all Canada, for the punishment of Cruelty to Animals: Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. Whosoever wantonly, cruelly, or unnecessarily beats, binds, Cruelty to illtreats, abuses or tortures any Horse, Mare, Gelding, Bull, Ox, animals, how punishable. Cow, Heifer, Steer, Calf, Mule, Ass, Sheep, Lamb, Pig, or other Cattle, or any Poultry, or any Dog, or Domestic Animal or Bird, or whosoever driving any cattle or other animal, is, by negligence or ill-usage in the driving thereof, the means whereby any mischief, damage or injury is done by any such cattle or other animal, shall upon being convicted of any or either of the said offences before any one Justice of the Peace for the District, County or place in which the offence has been committed, for every such offence, forfeit and pay (over and above the amount of the damage or injury, if any, done thereby, which damage or injury shall and may be ascertained and awarded by such Justice,) such a sum of money not exceeding ten dollars, nor less than one dollar with costs, as to such Justice seems meet. payment of 2. The offender shall in default of payment be committed to Imprisonment the Common Gaol or other place of confinement, for the district, in default of county, or place in which the offence was committed, there to be fine. imprisoned for any time not exceeding thirty days. Civil remedy 3. Nothing in this Act contained shall prevent or abridge any not affected. remedy by action against the offender or his employer where the amount of the damage is not sought to be recovered by virtue of this Act. of offenders 4. When any offence against this Act is committed, any con- Apprehension stable or other peace officer, or the owner of any such cattle, against this animal or poultry, upon view thereof, or upon the information of Act. any other person (who shall declare his or their name or names and place or places of abode to the said constable or other peace officer) may seize and secure by the authority of this Act, and forthwith, and without any other authority or warrant, may convey any such offender before a Justice of the Peace within whose jurisdiction the offence has been committed, to be dealt with according to law. er refuses to 5. If any person apprehended for having committed any offence In case offendagainst this Act refuses to discover his name and place of abode to state his the Justice of the Peace before whom he is brought, such person name, &c. shall be immediately delivered over to a constable or other peace officer, and shall by him be conveyed to the Common Gaol or place of confinement for the district, county or place within which the offence has been committed, or in which the offender has been apprehended, there to remain for any term not exceeding one month, or until he makes known his name and place of abode to the said Justice. 6. The prosecution of every offence punishable under this Act Limitation of must be commenced within three months next after the commis- prosecutions, sion of the offence, and not otherwise, victions to ap ply. Act respecting 7. Every offence against any of the sections of this Act is a summary con- misdemeanor, and may be punished as such or may be prosecuted in the manner directed by the Act respecting the duties of Justices of the Peace, out of Sessions, in relation to summary convictions and orders, so far as no provision is hereby made for any matter or thing which may be required to be done with respect to such prosecution; and all the provisions contained in the said Act shall be applicable to such prosecutions, in the same manner as if they were incorporated in this Act. Application 8. All pecuniary penalties recovered before any Justice of the of penalties. Peace under this Act, shall be divided, paid and distributed in the following manner, that is to say: one moiety thereof to the Cororation of the city, town, village, township, parish or place in which the offence was committed, and the other moiety, with full costs, to the person who informed and prosecuted for the same, or to such other person as to such Justice seems proper. As to as damages. 9. Every sum of money ascertained, and awarded, adjudged, amounts paid by any Justice of the Peace under this Act to be paid as the amount of any damage or injury occasioned by the commission of any of the offences herein before mentioned, shall be paid to the person who has sustained such damage or injury. Interpretation. Commence 10. Where the word "cattle" is used in this Act it shall have the meaning assigned to it in the Act respecting larceny and other similar offences. 11. This Act shall commence and take effect upon, from and ment of Act. after the first day of January, one thousand eight hundred and seventy. CAP. XXVIII. An Act respecting Vagrants. [Assented to 22nd June, 1869.] Preamble. Who shall be deemed va grants. H ER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. All idle persons who, not having visible means of maintaining themselves, live without employment,-all persons who, being able to work and thereby or by other means to maintain themselves and families, wilfully refuse or neglect to do so,-all persons openly exposing or exhibiting in any street, road, public place or highway any indecent exhibition, or openly or indecently exposing their persons, all persons who, without a certificate signed, within six months, by a Priest, Clergyman or Minister of the Gospel, or two Justices of the Peace, residing in the municipality where the alms are being asked, that he or she is a deserving object object of charity, wander about and beg, or who go about from door to door, or place themselves in the streets, highways, passages or public places to beg or receive alms, all persons loitering in the streets or highways and obstructing passengers by standing across the footpaths or by using insulting language or in any other way, or tearing down or defacing signs, breaking windows, breaking doors or door-plates, or the walls of houses, roads or gardens, destroying fences, causing a disturbance in the streets or highways by screaming, swearing or singing, or being drunk, or impeding or incommoding peaceable passengers,-all common prostitutes, or night walkers wandering in the fields, public streets or highways, lanes or places of public meeting or gathering of people, not giving a satisfactory account of themselves,-all keepers of bawdy-houses and houses of ill-fame, or houses for the resort of prostitutes, and persons in the habit of frequenting such houses, not giving a satisfactory account' of themselves,-all persons who have no peaceable profession or calling to maintain themselves by, but who do for the most part support themselves by gaming or crime or by the avails of prostitution,—shall be deemed vagrants, loose, conviction. idle or disorderly persons within the meaning of this Act, and Punishment shall upon conviction before any Stipendiary or Police Magistrate, of vagrants Mayor or Warden, or any two Justices of the Peace, be deemed on summary guilty of a misdemeanor and be purished by imprisonment in any gaol or place of confinement other than the Penitentiary, for a term not exceeding two months and with or without hard labour, or by a fine not exceeding fifty dollars, or by both, such fine and imprisonment being in the discretion of the convicting Magistrate or Justices. such person to 2. Any Stipendiary or Police Magistrate, Mayor or Warden, Justices may or any two Justices of the Peace upon information before them cause any made, that any person herein before described as vagrants, loose, be brought idle and disorderly persons, are or are reasonably suspected to be before them. harbored or concealed in any bawdy-house, house of ill-fame, tavern or boarding-house, may, by warrant, authorize any constable or other person to enter at any time such house or tavern, and to apprehend and bring before them or any other Justices, all persons found therein so suspected as aforesaid. CAP. XXIX. An Act respecting Procedure in Criminal Cases, and other matters relating to Criminal Law. [Assented to 22nd June, 1869.] W the present Session of Parliament, certain provisions of the HEREAS, by divers Acts passed during the now last and Preamble. Statute Law of the several Provinces of Canada, respecting certain crimes and offences, have been assimilated, amended and consolidated, and extended to all Canada, and it is expedient, in Interpretation or certain words. "Indictment." "Property." 'District," County, &c. Genders, numbers, &c. Bodies corporate. Punishment conviction. like manner, to assimilate, amend and consolidate and to extend certain other provisions of the said Statute Law, respecting procedure and other matters not included in the said Acts: Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Interpretation. 1. In the interpretation of this Act and of any Act of the Parliament of Canada relating to Criminal Law, unless there be something in the enactment or in the context indicating a different meaning or calling for a different construction: 1. The word "Indictment" shall be understood to include "information," "inquisition" and "presentment" as well as indictment, and also any plea, replication or other pleading, and any record; and the term "finding of the indictment" shall include also "the taking of an inquisition," "the exhibiting an information" and "the making of a presentment;" and the word "property" shall be understood to include goods, chattels, money, valuable securities, and every other matter or thing, whether real or personal, upon or with respect to which any offence may be committed; and the expression "district, county or place" shall include any division of any Province of Canada, for purposes relative to the administration of justice in criminal cases; 2. Whenever in any Act relating to any offence, whether punishable upon indictment or summary conviction, any word has been used or employed importing the singular number or the masculine gender only, in describing or referring to the offence or to the subject matter on or with respect to which it may be committed, or to the offender or the party affected or intended to be affected by the offence, such Act shall be understood to include several matters of the same kind, as well as one matter, and several persons as well as one person, and females as well as males, and bodies corporate as well as individuals, and when a forfeiture or penalty is made payable to a party aggrieved, it shall be payable to a body corporate in case such a body be the party aggrieved; 3. Whenever a person doing a certain act is declared to be guilty to be only on of any offence, and to be liable to punishment therefor, it shall be understood that such person shall only be deemed guilty of such offence and liable to such punishment after being duly convicted of such act; and whenever it is provided that the offender shall be liable to different degrees or kinds of punishment, it shall be understood that the punishment to be inflicted, will, subject to the limitations contained in the enactment, be in the discretion of the Court or tribunal before which the conviction takes place; Degrees of punishment. "Penitentiary." 4. The word "Penitentiary" shall be understood to mean the Penitentiary for the Province in which the conviction takes place; and any person sentenced to imprisonment in the Penitentiary shall |