after expiry of time limit for laying charge—Quashing summary conviction-Supplying liquor to interdictKnowledge of interdiction-Liquor License Act, R.S.M. 1902, ch. 101–Cr. Code (1906) sec. 1142.

251

HARRIS, Re.

(MAN.) Habeas corpus-Military law-Court-martial-Undischarged member of permanent corps in Canadian militia -Arrest for military offence after expiration of term of enlistment--Army Act (Imp.)-Militia Act, R.S.C., ch. 41.

375

HEBERT, Ex parte.

(N.B.) Time limit for prosecution-Summary conviction Period for laying information-Offence stated as between two dates—Day included prior to time limit, Canada Temperance Act, R.S.C. 1906, ch. 152, sec. 134 -Cr. Code (1906) sec. 1142.

165

HEBERT v. HEBERT.

(QUE.) Common assault-Information by assaulted party-Payment of fine-Summary conviction—Civil action for damages-Bar-R.S.C. (1859) ch. 91, sec. 44—23-33 Vict. (Que.), (1869), ch. 20, sec. 43—Cr. Code (1906) secs. 13, 732, 734.

258

HONG LEE, R. v.

(B.C.) Warrant of commitment-Jurisdiction to be shown on face-Territorial district for which magistrate is acting -Summary trial by stipendiary magistrate-Initials "S.M.” following signature-Habeas corpus-Cr. Code (1906) secs. 771, 777.

39

HORSMAN, EX PARTE.

(N.B.)

Certiorari—Jurisdiction of magistrate-Liquor law-
Finding that liquor intoxicating-Evidence to support
conviction opposed to preponderance of testimony-
Chemical analysis shewing small percentage of spirits
-Canada Temperance Act, R.S.C. (1906) ch. 152. 280

JORDAN, R. v.

(N.S.) Canada Temperance Act-Second offence--Time of, as regards prosecution for prior offence—Necessity of prior conviction-Prior information only not sufficient, although followed by conviction—Common law ruleCanada Temperance Act, R.S.C. 1906, ch. 152, sec. 143. 130

KARN, R. v.

(Ont.)

“Unlawful” carnal knowledge Illicit intercourse with
female-Prostitution-Where “unlawful” means “not
lauful” as distinguished from "criminally punishable"
-Proprietor of premises knowingly permitting girl un-
der eighteen to be on premises for purposes of forni-
cation-Cr. Code sec. 217.

301

LALONDE v. THE KING.

(QUE.) Usury-Manager or clerk in money-lender's officeMoney Lenders' Act, R.S.C., ch. 122–Conviction of clerk with whom illegal transaction made-Cr. Code (1906) sec. 69.

72

LAMOTHE, R. v.

(ONT.) Summary trial-Frequenting house of ill-fame-Necessity of charging accused as an habitual frequenterFailure to give satisfactory account--Plea of guilty entered under misapprehension-Allowing amendment of plea-Cr. Code (1906) secs. 238, 773.

61

LAW, R. v.

(MAN.)

Criminal libel—Proving authorship of anonymous letters

Comparison of handwriting—Evidence of ill-will to-
wards person libelled no evidence of publication-Motive
-Other criminal acts not connected with offence charged
-Inadmissible evidence receired without objection-Cr.
Code secs. 317, 1019.

382

LINDSAY, Ex parte.

(N.B.)

Intoxicating liquors—Statutory definition—Malt liquors included-Proof of intoxicating quality unnecessaryMens rea-Defendant's belief that beverage was nonalcoholic-Alleged temperance beer—Canada Temper. ance Act, R.S.C. 1906, ch. 152—Cr. Code secs. 2(17), 150.

252

McCORQUINDALE, Ex parte.

(N.B.)

Summary conviction-Hearing-Adjournment for judgment-Delivery by one of two justices in the other's absence~Summary conviction signed by both justices pending adjournment—Taking concurrent proceedings in appeal and in certiorari—Certiorari barred on proceedings with appeal—Cr. Code (1906) secs. 707, 708, 1122

187

McCUTCHEON, R. v.

(ALTA.)

Obscenity-Picture tending to corrupt morals--Purchase by accused for another party-Having in possession "for circulation”—Picture not exhibited by accused-Cr. Code sec. 207 (amendment of 1909). 362 MACDOUGALL, R. v.

(N.B.)

Criminal libel-Form of indictment—Charge that
matter defamatory and libellous with particulars of
words and publication—Omission to charge that likely to
injure reputation or designed to insult-Statutory form
of count-Indictment for publishing obscene matter-
Circumstances attending publication considered in de-
termining obscenity-Paper published under assumed
name and denied mailing privileges—Proving publica-
tion “knowingly” by proprietor of paper-Onus of
proof-Inferences and presumptions from fact of con-
trol-Cr. Code secs. 207 (amendment of 1909), 317, 334,
852, 1152—Code form 64.

466

McKEEN v. COLPITTS.

(N.B.)

Search warrant-Justification for detention of property
if valid on its face-Invalidity of information not a
ground of replevin until warrant quashed—Goods in
custodia legis—Claim by party other than accused-
Canada Temperance Act, R.S.C. 1906, ch. 152, sec. 117
(amendment of 1908).

488

MARTIN AND GARLOW, Re.

Certiorari-Recognizance-None required from prose-
cutor applying for writ-Private prosecutor-Dismis-
sal of prosecution with costs—Limitation of time for
application—Ontario Crown Rule 1285—Cr. Code sec.
1126.

446

MECEKLETTE, R. v.

(Ont.)

Summary conviction of foreigner-Interpreting at trial
-Claim that evidence and proceedings not understood
-Habeas corpus—Cr. Code (1906) secs. 715, 1027.

17

MILLER, R. v. (No. 1).

(ONT.) Summary proceedings-Power of adjournment by the justice receiving the information-Necessary act “preliminary to the hearing”-Waiver of irregular adjournment made by a third justice without authority-Selling liquor without a license-Liquor License Act, R.S.O. 1897, ch. 245—Cr. Code (1906) secs. 708, 722.

87

MILLER, R. v. (No. 2).

(ONT.) Habeas corpus-Prior refusal of discharge on same state of facts—Res judicata–Right of appeal in Ontario from remand-Second application de novo not permitted on same material—Jurisdiction of Divisional CourtProvincial quasi-criminal offence--Legislative control of habeas corpus respecting same-British North America Act, sec. 92(15)--Cr. Code (1906) sec. 1027.

156

MISCHOWSKY, R. v.

(SASK.) Summary conviction-Appeal to District Court-Unauthorized reference by District Court to a superior Court on question of law-Cr. Code (1906) secs. 749, 752.

364

MORRISON, R. v.

(ONT.) Interdiction—Sale of liquor by license-holder to person interdicted by inspector's notice—Summary conviction -Proof of excessive drinking by interdict--AppealLicense Act, R.S.O. 1897, ch. 245, sec. 125.

215

NELSON, R. v.

(ONT.) Habeas corpus-Defective warrant of commitment-No statement of conviction-Certiorari on Attorney-General's application-Adjournment of motion to discharge -Liquor License Act, R.S.O. 1897, ch. 245—Cr. Code (1906) secs. 1121, 1124, 1130.

10