Interpretation of terms. (1.) If they are so done in any public place as to be likely to be seen by any person, whether such person be or be not in a public place; or (2.) If they are so done in any place, not being a public place, as to be likely to be seen by any person in any public place: "Send" includes the causing, or attempting in any manner to cause, a thing to be received by a person: "Statute" means any Act of Parliament or Ordinance, "Summary offence" means any offence punishable "Vessel" means any kind of ship, boat, canoe, or raft, "Will," when used with respect to a document, means any testamentary document, whether the same be formal or informal, complete or incomplete: Writing" includes every kind of mark representing words or figures or matter capable of being expressed in words or figures. (2.) In Book I. of this Code, unless the context otherwise requires," the Court" means either a District Commissioner's Court in the exercise of its jurisdiction in respect of summary offences or a Divisional Court in the exercise of its criminal jurisdiction, according to the circumstances of the particular case. (3.) In Book II. of this Code, unless the context otherwise requires: "The Court" means a District Commissioner's Court "Complaint" includes any information or charge: "Order" includes any conviction. "Town" means any place to which the Towns Ordi- (4.) In Book III. of this Code, unless the context otherwise requires, "the Court" means a Divisional Court in the exercise of its criminal jurisdiction.* company and 4.-(1.) "Company" includes any partnership or asso- Provisions ciation whether corporate or unincorporate, and whether the relating to a purposes thereof be or be not the carrying on of any trade its officers. or business, and whether it be in course of formation or be actually formed, or be in course of dissolution, winding-up, or liquidation. (2.) A company is in course of formation so soon as any act is done for the purpose of forming it; and it is immaterial whether or not it be at any time actually formed. (3.) "Officer" of a company or corporation includes any officer, chairman, director, trustee, manager, secretary, treasurer, cashier, clerk, auditor, accountant, or other person provisionally, permanently, or temporarily charged with or performing any duty or function in respect of the affairs of the company or corporation, whether for or without any remuneration. (4.) "Account," when used with reference to a company or corporation, includes any book, register, balance sheet, or document in writing relating to the affairs of a company or corporation, whether such affairs be or be not the ordinary business or object of the company or corporation. : of public 5. "Public officer" means any person holding any of Definition the following offices, or performing the duties thereof, officer, &c. whether as a deputy or otherwise, namely:(1.) Any civil office, including the office of Governor, the power of appointing a person to which or of removing a person from which is vested in Her Majesty, or in the Governor, or in the Governor in Council, or in any public commission or board; or (2.) Any office to which a person is nominated or ap- or of removing from which is vested in any But see s. 16 of No. 14 of 1894, giving jurisdiction to District Commissioners in certain offences under Book III. Definition of public officer, &c. General explanations with respect to the interpretation of expressions. person or persons holding public office of any kind included in either of the two last preceding sub-heads of this section; or (4.) Any office of arbitrator or umpire in any proceeding or matter submitted to arbitration by order or with the sanction of any Court; or (5.) Any Justice of the Peace. A person acting as a minister of religion or ecclesiastical officer, of whatsoever denomination, is a public officer in so far as he performs functions in respect of the notification of intended marriage, or in respect of the solemnization of marriage, or in respect of the making or keeping of any register or certificate of marriage, birth, baptism, death, or burial, but not in any other respect. "Civil office" means any public office other than an office in the Military or Naval Service of Her Majesty. "Public office" means the office of any public officer. "Judicial officer" means any person executing judicial functions as a public officer. It is immaterial, for the purposes of this section, whether a person be or be not entitled to any salary or other remuneration in respect of the duties of his office. "Public election" means any election the qualification for voting at which, or the mode of voting at which, is determined or regulated by statute. 6. (1.) An expression to which in this title a meaning is assigned, either explicitly or by a reference to any other part of this Code, has that meaning throughout this Code, unless in any case the context in which, or the matter with respect to which, the expression is used requires that a different meaning should be assigned to it. (2.) Any definition or explanation of a word shall be applied to the derivatives or different grammatical forms of that word so far as it is applicable thereto, and shall also be applied in construing any provision of this Code to the matter of which that definition or explanation is relevant, although neither that word nor any of its derivatives or different grammatical forms occurs or occur in such provision. (3.) The expression "or," "other" and "otherwise " shall be construed disjunctively and not as implying similarity, unless the expression "similar," or some equivalent expression, is added; and there shall be no presumption from the use of an expression as a member of a series of two or more expressions that it is to be limited to denoting matter similar to matter denoted by the other member or members of the series; and a general expression shall not be deemed to be limited by an enumeration of particular instances. 7. The following general rules shall be observed in the General rules construction of this Code, namely: (1.) All the provisions of Book I. shall be applied to (2.) This Code shall not be construed strictly, either (3.) In the construction of this Code, a Court shall not Illustration. Subs. (1.) A. is charged with the murder of B. In order to discover what is the punishment to which A. will be liable if he is found guilty of murder, reference must be made to Title XVII., section 222. In order to discover whether A.'s act as proved amounts to murder, reference must be made to the definitions and special provisions in the same Title XVII., sections 230 to 244; and these sections again must be understood according to any rules or explanations contained in Book I. of the Code which are applicable to the case. of construction. Commencement of the Code. [1st January, 1894.] Extent of the jurisdiction. Acts done partly beyond the jurisdiction. Special provision as to certain acts done within twenty miles of the Colony. Exclusion of other laws. Saving of certain laws. 8. This Code shall come into operation on a day to be fixed by the Governor by proclamation, which day is hereinafter referred to as the commencement of this Code. 9. The jurisdiction of the Courts of this Colony, for the purposes of this Code, extends to every place within this Colony, or within one marine league of the coast thereof, measured from low-water mark. 10. When an act, which, if wholly done within the jurisdiction of the Court, would be an offence against this Code, is done partly within and partly beyond the jurisdiction, every person who within the jurisdiction does or abets any part of such act may be tried and punished under this Code in the same manner as if such act had been done wholly within the jurisdiction. Illlustration. A., being on board a vessel within three miles from the coast of this Colony, shoots a person who is on board another vessel beyond the three miles. A. is punishable under this Code. 11. An indictable offence committed within twenty miles of the boundary of the Colony by any of Her Majesty's subjects, or by a person not the subject of any civilized power, against the person of a British subject or of any one resident within the Colony, shall be punishable in the same manner as if it had been committed within the Colony. 12. After the commencement of this Code, no person shall, except as in the next succeeding section provided, be liable to punishment by the common law, or in any manner otherwise than according to the provisions of this Code, for any act done within the jurisdiction of the Court. 13. Nothing in this Code shall affect (1.) The liability, trial, or punishment of a person for an offence against any statute other than this Code; or (2.) The liability of a person to be tried or punished for an offence under the provisions of any statute relating to the jurisdiction of Colonial Courts, in respect of acts done beyond the ordinary jurisdiction of such Courts; or |