TO VOLUME 17, CANADIAN CRIMINAL CASES.
INAL
Child under age of fourteen-Parents divorced by foreign court
having jurisdiction-Divorce decree awarding custody of child to
mother-Father enticing child from the mother's custody in Can-
ada-Validity of conviction-Cr Code (1906) sec. 316.
Murder-Accessory-Counselling and procuring-Direction by put-
ative father to mother of illegitimate infant-Evidence of long
continued sexual intimacy-Motive for the crime-Evidence for
defence of woman's intimacy with other men rejected-Denial on
cross-examination-Conclusiveness on question of credibility-Evi-
dence of accomplice-Corroboration-Question for jury-Instruc-
tion-Cr. Code (1906) secs. 69, 263, 1018, 1019.
Aiding continuance of miners' strike-Agent of trade union sup-
plying food and clothing to strikers-Employee not dismissed-
Privilege of returning to work-Industrial Disputes Investigation
Act, Can. Statutes, 1907, ch. 20, sec. 60-Cr. Code secs. 655, 708,
710.
Criminal usury-Lending sums of money less than $500 at more
than 12 per cent.-"Money lender," statutory meaning of Lia-
bility of agent or employee-Pretended representation of both
lender and broker-Colourable business methods-Evasion of
statute-Employee of lender aiding and abetting in illegal trans-
actions Money Lenders Act, R.S.C. 1906, ch. 122-Cr. Code
(1906) secs. 69, 1015.
THE KING V. SMITH AND LUTHER 445
Carnal knowledge-Inducement by householder to girl under
eighteen to resort to his premises for illicit intercourse "with any
man"-Knowledge of age not essential to offence-Illicit inter-
course with the householder not included-Cr. Code (1906) 217.
THE KING V. SAM SING 361
Jurisdiction Summary conviction-County or judicial district-
Alien labour law-Offence by Canadian employer of soliciting
alien immigrant under promise of employment-"Any Judge of
a County Court"-No jurisdiction over employer at point of
entry unless act of solicitation in that county or employment
given there-Locality of offence-Alien Labour Act, 60-61 Vict.
(Can.) ch. 11 (R.S.C. 1906. ch. 97, sec. 2)-Cr. Code (1906) secs.
2 (18), 705, 706.
Evidence of accomplice-Corroboration-Question for jury-In-
struction-Cr. Code secs. 1018, 1019.
Railway obstruction endangering life-Continuous acts of ob-
struction-Election of Crown to treat as one offence-Evidence
given of acts on different dates-Putting the prosecution to its
election-Ordering particulars and separate trial-Judge's charge
against accused-Facts left to jury-No substantial wrong-Cr.
Code secs. 518, 853, 857, 859, 1019.
Contempt of Court-Scandalizing the Court-Newspaper imputa-
tion of corrupt motives and political favouritism-Criminal of
tence at common law-Rule nisi at instance of Attorney-General
-Scandalous comment after termination of cause-Locality of
offence-Newspaper published in same province, but outside of
judicial district in which proceedings taken-Jurisdiction-Appeal
--Quebec Code of Civil Procedure; art. 43-Cr. Code (Canada) secs.
1012, 1013, 1024.
FOURNIER V. ATTORNEY-GENERAL 108
Summary conviction-Appeal-Notice to both justices where two
justices required to form the Court-Selling intoxicant to treaty
Indian-Quashing appeal where only one justice served-No costs
to respondent-Indian Act, R.S.C. 1906, ch. 81, sec. 135-Cr. Code
(1906) secs. 2, 750, 755.
Appeal from summary conviction-Costs of appeal to be fixed by
county Judge-Unauthorized award of costs to be taxed by clerk
-Prohibition-Enlarging motion to permit amendment by county
Judge-Inspection and Sales Act, R.S.C., ch 85, secs. 321, 355-
Cr. Code (1906) secs. 748, 75p.
Appeal from summary conviction-No jurisdiction in county Judge
to state case to Court of Appeal-Cr. Code (1906) 749, 761.
THE KING V. MCINTOSH 295
Stipendiary magistrates in Nova Scotia-Jurisdiction-Amend-
ment of provincial statute under which appointments made-
County magistrates-Canada Temperance Act, R.S.C. 1906, ch.
152-Search warrant-R.S.N.S. 1900, chs. 33 and 40-Leave to ap-
peal refused.
JOHNSTON V. MACDOUGALL (No. 2) 398
Automobile speed regulations-Motor Vehicle Act (Que.)-Pro-
secutions "governed" by Cr. Code, Part XV.—Right of appeal from
summary conviction-R.S.Q. articles 1405, 1406, 1419-Cr. Code
(1906) sec. 749.
Leave to appeal-Granting stated case to consider merits--
Shooting with intent-Suspended sentence-Whether
"trivial"-Cr. Code (1906) secs. 273, 1014.
THE KING V. PETTIPAS (No. 1.) 448
Summary conviction under provincial
"governed" by Criminal Code, Part XV.-Incorporation of right of
appeal-Motor Vehicles Act, 6 Edw. VII. ch. 13-Cr. Code (1906)
secs. 749, 750.
Murder-Evidence-Material question as to number of persons
present at quarrel-Conflicting testimony of same witness-Vari-
ance on cross-examination-Judge's charge-Error in reversing the
order of witness' statements-The more favourable statement re-
ferred to as first made when in fact, second-Implied correction
of former testimony-Prejudice to accused-New trial-Cr. Code
(1906) secs. 263, 1019.
Theft-Misappropriation of chattel received for delivery in specie
-No employment covering the service-Accused not an account-
ing party-No arrest without warrant or fresh pursuit-Dis-
charge on habeas corpus-Cr. Code (1906) secs. 30, 33, 347, 355,
649.
Separate charges against two persons for identical offence-
Crown using one after committal for trial as compellable witness
against the other-Refusal to answer committal for contempt—
Habeas corpus-Person charged with an offence-When a compell-
able witness-Charged "solely or jointly"-Canada Evidence Act,
R.S.C. 1906, ch 145-Cr. Code (1906), sec. 511.
Assault and bodily harm--Application for summons or warrant
-Witnesses for complainant not heard on such application, but
produced on preliminary enquiry and subsequent trial-Admissi-
bility of evidence Supplementing complainant's information,
where alone insufficient for process-Cr. Code, secs. 295, 655
(Amendment of 1909).
THE KING V. JAMES W. JOHNSTON 369
Autrefois acquit.
See FORMER ACQUITTAL.
Bail-Recognizance to appear in Court on adjourned enquiry-
Default-Notice to perform condition-Estreat-Preliminary en-
quiry adjourned more than eight days-Consent of accused-
Irregularity-Effect on recognizance-Nova Scotia Crown Rule
84-Cr. Code (1906) secs. 679, 681, 1097, 1102.
Bank Act-Prohibited pledge, assignment or hypothecation by
chartered bank of its own bank-note issue-Bank's account with
trust company-Deposit of its own notes subject to cheque with-
drawal in currency-Indictable offence-Accepting bank's own
issue in pledge from bank-Bank Act, R.S.C. 1906, ch. 29, sec. 139.
THE KING V. WANNEN 504
law-Defrauding creditors-Offences
made criminal by laws of both countries-Section 29b of United
States Bankruptcy Act-Retroactivity of the Extradition Treaty
of 1906 between Great Britain and the United States-Non-exist-
ence of any general Bankruptcy Act in Canada-British North
America Act, section 91, sub-section 27-Cr. Code (Canada)
sec. 417.
THE KING V. STONE (No.1) 249
made criminal by laws of both countries-Section 29b of United
States Bankruptcy Act-Retroactivity of the Extradition Treaty
of 1906 between Great Britain and the United States-Non-exist-
ence of any general Bankruptcy Act in Canada-British North
America Act, section 91, sub-section 27-Cr. Code (Canada)
sec. 417.
THE KING V. STONE (No. 2) 377
Bank Act-Prohibited pledge, assignment or hypothecation by
chartered bank of its own bank-note issue-Bank's account with
trust company-Deposit of its own notes subject to cheque with-
drawal in currency-Indictable offence-Accepting bank's own issue
in pledge from bank-Bank Act, R.S.C. 1906, ch. 29, sec. 139.
THE KING V. WARREN 504
Prize fighting-Statutory definition considered-Elements of of-
fence-Boxing exhibition-Contract-Cr. Code (1906) secs. 2, 105.
THE KING V. WILDFONG AND LANG 251
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