Habeas corpus Jurisdiction Examining proceedings
anterior to conviction-Summary conviction under
liquor law-Third offence-Irregular conviction for a
prior offence on plea of guilty by defendant's solicitor
in his absence-Summary process in derogation of com-
mon law-Strict construction to apply-Liquor License
Act, R.S.N.S. 1900, ch. 100, secs. 131, 146, 147-Cr.
Code secs. 568, 707, 720, 721.
Summary conviction-Irregularity in proceedings-
Depositions signed by witnesses but not by the presid-
ing justice-Statute directory as to signing-Cr. Code
sec. 682.
Bail-Recognizance to appear in Court on adjourned
enquiry-Default-Notice to perform condition-Es-
treat-Preliminary enquiry adjourned more than eight
days-Consent of accused-Irregularity-Effect on re-
cognizance-Nova Scotia Crown Rule 84-Cr. Code
(1906) secs. 679, 681, 1097, 1102.
Liquor license-Purchase of intoxicating liquors in bulk
by several persons for joint use-Renting room for
drinking purposes-Unincorporated association or club
-Keeping liquor for sale-Statutory presumption—
Liquor License Act, R.S.O. 1897, ch. 245, sec. 53.
Jurisdiction-Summary conviction-County or judicial
district-Alien labour law-Offence by Canadian em-
ployer 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.
(ONT.)
Liquor law-Illegal sale-Charge of second offence-
Interrogation as to prior offence charged-De-
fendant summoned and not
not appearing-Taking
proof of prior conviction in the absence of accused-
Jurisdiction-Ex parte hearing on default-Ontario
Summary Convictions Act, R.S.O. 1897, ch. 90.-Ap-
plication of Criminal Code unless "otherwise de-
clared"-Liquor License Act, R.S.O. 1897, ch. 245,
sec. 101-Cr. Code (1906) sec. 718.
Magistrate-Jurisdiction-Another magistrate sitting
for a police magistrate at his request-Statute author-
izing in case of police magistrate's "absence"-Keep-
ing liquor for sale-Canada Temperance Act, R.S.C.
1906, ch. 152.
Conspiracy-Trade union-Painting contractor's agree-
ment to employ only union men-Workman's applica-
tion for membership refused-Notice of rejection by
trade union to his employer-Consequent dismissal
from employment-Cr. Code secs. 498, 573, 590.
Murder-Evidence-Material question as to number of
persons present at quarrel-Conflicting testimony of
same witness-Variance on cross-examination-udge's
charge-Error in reversing the order of witness's state-
ments-The more favourable statement referred to as
first made when in fact, second-Implied correction of
former testimony-Prejudice to accused-New trial-
Cr. Code (1906) secs. 263, 1019.
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-In-
dian Act, R.S.C. 1906, ch. 81, sec. 135-Cr. Code
(1906) secs. 2, 750, 755.
Extradition-Murder-Prima facie case-Shooting pol-
ice officer-Political crime in demanding State-Pro-
clamation of martial law-Russian Extradition Treaty,
1886-Exception of crimes of a political character.
Extradition-Treaty providing for requisition by demanding country-Committal for extradition without formal requisition being made-Discharge on habeas corpus-Russian Extradition Treaty of 1886 (20 Can. Gazette 1918)-Extradition Act, R.S.C. 1906, ch. 155. 271
Arson Separate charges against two persons for iden
tical 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 compellable
witness-Charged "solely or jointly"-Canada Evi-
dence Act, R.S.C. 1906, ch. 145-Cr. Code (1906) sec.
511.
FOURNIER v. ATTORNEY-GENERAL.
Contempt of Court-Scandalizing the Court-News-
paper imputation of corrupt motives and political fav-
ouritism-Criminal offence at common law-Rule nisi at
instance of Attorney-General-Scandalous comment
after termination of cause-Locality of offence-News-
paper published in same province, but outside of judicial
district in which proceedings taken―Jurisdiction-Ap-
peal-Quebec Code of Civil Procedure, art. 43-Cr.
Code (Canada) secs. 1012, 1013, 1024.
Information-Criminal offence disclosed-Refusal of
magistrate to issue process-Ontario practice-Order
nisi from superior Court-Accused also a party to
shew cause-Magistrate receiving illegal fees-Justice
of the Peace Act, R.S.O. 1897, ch. 88, sec. 6—Cr. Code
(1906) secs. 466, 470, 655 (as amended in 1909).
Habeas corpus-Summary conviction-Hard labour-
Recital of conviction in warrant of commitment-Mem-
orandum of fine and imprisonment endorsed on inform-
ation not stating hard labour-Onus of proof-Effect of
memorandum of adjudication-Incompleteness-Cr.
Code (1906) secs. 727, 1057.
Abduction 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 Canada-
Validity of conviction-Cr. Code (1906) sec. 316.
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-In-
spection and Sales Act, R.S.O., ch. 85, secs. 321, 355-
Cr. Code (1906) secs. 748, 752.
Judicial districts--Jurisdiction of magistrate on forma-
tion of new district out of that for which he was ap-
pointed-Algoma and Sudbury districts-Information
laid by telephone-Last day of statutory limit-Sub-
sequent transmission by mail-Liquor License Act
(Ont.)-Police Magistrates Act, R.S.O. 1897, ch. 15.
Murder Indictment Special leave of Attorney-
General-Preferring indictment without a preliminary
enquiry and commitment-Motion to quash—Criminal
Code sec. 873.
Indictment-Separate counts-Discretion as to separate trial-Review-Carnal knowledge of girl under fourteen Additional count charging later seduction Second charge dropped after close of evidence on bothWithdrawal of evidence of second offence from consideration on charge of prior offence-Child exhibited to jury as evidence of paternity upon second chargeAdmissibility-Withdrawal when second count struck out-Conviction on first count-Validity-Cr. Code (1906) secs, 211, 301, 856, 857, 1014, 1015.
Summary conviction under provincial statute-Prose-
cutions "governed" by Criminal Code, Part XV.-In-
corporation of right of appeal-Motor Vehicles Act, 6
Edw. VII. ch. 13-Duty of automobile driver to stop on
signal from carriage driver approaching-Cr. Code
(1906) secs. 749, 750.
Summary conviction-Prior charge dismissed for ir-
regularity in summons-Re-swearing same informa-
tion or laying fresh information-Selling liquor be-
tween certain dates-Autrefois acquit-Presumption
of regularity-Onus of proving identity of charges-
Canada Temperance Act R.S.C. 1906, ch. 152-Cr.
Code (1906) secs. 710, 711, 721, 753.
JOHNSTON, JAMES W., R. v.
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—Admissibility of evidence-Supple-
menting complainant's information, where alone insu-
fficient for process-Cr. Code secs. 295, 655 (Amend-
ment of 1909).
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