6. Every such recognizance, with affidavit of justification and of due execution, shall be filed with the registrar of the court before the issue of any writ of certiorari. 7. When cause is shewn against an order nisi for a certiorari to remove any judgment, order or conviction upon which no special case has been stated, given, or made by justices of the peace for the purpose of quashing such judgment, order or conviction, the court, or a judge thereof, if it shall think fit, may make it part of the order absolute for the certiorari that the judgment, order, or conviction shall be quashed on return without further order, and in such case, no such recognizance as is required by the last preceding rule, shall be necessary, and a memorandum to that effect shall be indorsed by the proper officer upon the issuing of the writ of certiorari. 8. No objection on account of any omission or mistake in any judgment or order of any justice of the peace or court of summary jurisdiction brought up upon a return of a writ of certiorari and filed in the Supreme Court, shall be allowed, unless such omission or mistake shall have been specified in the order for issuing the certiorari. Recognizances in British Columbia.]-The British Columbia Crown Rules 43-47 are as follows: (43.) No recognizance shall henceforth be forfeited or estreated without the order of the court or a judge. (44.) Every recognizance to appear and answer to any indictment found in the Supreme Court or in the county court judges' criminal court, or to any ex-officio or criminal information shall, unless the court or a judge shall by order dispense therewith, contain besides any other condition which may be imposed a condition that the defendant shall personally appear from day to day on the trial of such indictment or information and not depart until he shall be discharged by the court before whom such trial shall be had. (45.) Whenever it has been made to appear to the court or a judge, that a party has made default in performing the conditions of the recognizance into which he has entered the court or a judge, upon notice to the defendant and his sureties, if any, to be given in such manner as the court or a judge may direct, may order such recognizance to be estreated without issuing any writ of scire facias. (46.) In proceedings under sec. 1097 of the Criminal Code, (former sec. 589) for breach of recognizance on remand, the certificate of the justice of the peace of non-appearance of the accused, indorsed on the back of the recognizance, shall be transmitted by the justice of the peace to the registrar of the court where, if committed, the accused would be bound to appear, and be proceeded upon by order of the judge presiding at the assizes, if he thinks proper, in like manner as other recognizances. In summary convictions under sec. 1097 of the Criminal Code, (former sec. 878) the certificate of default of appearance, as in the preceding rule, shall be transmitted by the justice of the peace to the clerk of the county court having jurisdiction at the place wherein such recognizance is taken, and be proceeded upon by order of the county court judge, if he thinks proper, in like manner as other recognizances. General. 577. Unless otherwise specially provided in this Act, every Jurisdiction court of criminal jurisdiction in any province is competent to of courts try any crime or offence within the jurisdiction of such court to generally. Certain persons not to try case try, wherever committed within the province, if the accused is found or apprehended or is in custody within the jurisdiction of such court or if he has been committed for trial to such court or ordered to be tried before such court, or before any other court, the jurisdiction of which has by lawful authority been transferred to such first mentioned court under any Act for the time being in force. 55-56 V., c. 29, s. 640. Alternative modes of procedure.]-A prosecution against the keeper of a common bawdy-house may be brought either by indictment or under the summary trials procedure, or the keeper may be charged as a vagrant under the summary convictions procedure, and neither the provision for summary trial nor that for summary conviction abrogates the right of the Crown to bring an indictment. The different methods of procedure with the varying penalties dependent upon the class of tribunal selected are not inconsistent but are alternative. R. v. Sarah Smith (1905), 9 Can. Cr. Cas. 338. Common law offences.]—It has never been contended that the Criminal Code of Canada contains the whole of the common law of England in force in Canada. Parliament never intended to repeal the common law, except in so far as the Code either expressly or by implication repeals it. Union Colliery Co. v. The Queen (1900), 4 Can. Cr. Cas. 400, 405; 31 Can. S.C.R. 81, per Sedgewick, J. If the facts stated in an indictment constitute an indictable offence at common law, and that offence is not dealt with in the Code, then an indictment will lie at common law; even if the offence has been dealt with in the Code, but merely by way of statement of what is law, then both are in force. The common law jurisdiction as to crime is still operative, notwithstanding the Code, and even in cases provided for by the Code, unless there is such repugnancy as to give prevalence to the later law. R. v. Cole (1902), 5 Can. Cr. Cas. 330. Venue.]-Whenever the accused has been committed by a magistrate or justice of the peace for trial before the court in any district of the same province, the court sitting in such district has jurisdiction to try the case. R. v. Hogle (1896), 5 Can. Cr. Cas. 53 (Que.). And see Code secs. 653 and 665. The power conferred on a magistrate under sec. 665 of ordering the accused person brought before him, charged with an offence committed out of his territorial jurisdiction (but over which the magistrate still has jurisdiction because of the arrest of the accused within his district), to be taken before some justice having jurisdiction in the place where the offence was committed, is permissive only. Re The Queen v. Burke (1900), 5 Can. Cr. Cas. 29 (Ont.). But by sec. 888 of the Code, "nothing in this Act authorizes any court in one province of Canada to try any person for any offence committed entirely in another province: Provided that every proprietor, publisher, editor or other person charged with the publication in a newspaper of any defamatory libel, shall be dealt with, indicted, tried and punished in the province in which he resides, or in which such newspaper is printed." 578. No person who is a master, or the father, son or brother of a master in the particular manufacture, trade or under s. 501. business, in or in connection with which any offence under section five hundred and one is charged to have been committed, shall act as a magistrate or justice, in any case of complaint or information under that section, or as a member of any court for hearing any appeal in any such case. R.S., c. 173, s. 12. Indictable Offences. 579. Any judge or other person presiding at the sittings of Questions a court at which any person is tried for an indictable offence raised at trial may be under this Act, whether he is the judge of such court or is reserved for appointed by commission or otherwise to hold such sittings, decision. may reserve the giving of his final decision on questions raised at the trial; and his decision, whenever given, shall be considered as if given at the time of the trial. 55-56 V., c. 29, s. 753. courts. 580. Every superior court of criminal jurisdiction and Jurisdiction every judge of such court sitting as a court for the trial of of superior criminal causes, and every court of oyer and terminer and general gaol delivery has power to try any indictable offence. 55-56 V., c. 29, s. 538. New Brunswick.]-County courts in New Brunswick are not courts of oyer and terminer and general gaol delivery, as the circuits of the Supreme Court are. Criminal jurisdiction is given to the county courts by statute. but nothing is said to the effect that they are courts of general gaol delivery. R. v. Wright, 2 Can. Cr. Cas. 88 (N.B.). And see secs. 582 and 583 as to their jurisdiction. 581. Where an indictment is found against any person for Option for any of the offences mentioned in section four hundred and trial without ninety-eight, the defendant or person accused shall have the jury in trade conspiracy option to be tried before the judge presiding at the court at cases. which the indictment is found, or the judge presiding at any subsequent sitting of such court, or at any court where the indictment comes on for trial, without the intervention of a jury; and in the event of such option being exercised the proceedings subsequent there to shall be regulated in so far as may be applicable by Part XVIII. 52 V., c. 41, s. 4. Trade conspiracy trials.]-See sec. 498. 582. Every court of general or quarter sessions of the Jurisdiction peace, when presided over by a superior court judge, or a of sessions county or district court judge, or in the cities of Montreal and certain and Quebec by a recorder or judge of the sessions of the peace, other courts. and in the province of New Brunswick every county court judge has power to try any indictable offence except as hereinafter provided. 55-56 V., c. 29, s. 539; 56 V., c. 32, s. 1. Idem. The courts here mentioned have their power limited by sec. 583. Court records.]-The judgments of the courts of general sessions in Ontario are public records, and the clerk of the peace holds them as their statutory custodian in the interests of the public generally and not as a deputy officer of the Crown. Any person interested in the indictments and records of the court of general sessions is entitled of right to inspect them. R. v. Scully (1901), 5 Can. Cr. Cas. 1 (Ont.); Attorney-General v. Scully, 6 Can. Cr. Cas. 167. An accused person tried and acquitted in such court is entitled to a copy of the record of such acquittal and of the indictment without the fiat of or intervention by the Attorney-General of the province, and a mandamus will lie to the clerk of the peace to compel the delivery to him of certified copies. Ibid. Committal for trial by magistrate.]-See sec. 690. 583. No court mentioned in the last preceding section has power to try any offence under sections, (a) seventy-four, treason; seventy-six, accessories after the (c) one hundred and thirty-seven to one hundred and forty (d) one hundred and fifty-six, judicial, etc., corruption; one hundred and fifty-seven, corruption of officers employed in prosecuting offenders; one hundred and fifty-eight, frauds upon the Government; one hundred and sixty, breach of trust by a public officer; one hundred and sixtyone, municipal corruption; one hundred and sixty-two (a), selling offices; or, (e) two hundred and sixty-three, murder; two hundred and sixty-four, attempt to murder; two hundred and sixty five, threat to murder; two hundred and sixty-six, conspiracy to murder; two hundred and sixty-seven, accessory after the fact to murder; or, (f) two hundred and ninety-nine, rape; three hundred, attempt to commit rape; or, (g) three hundred and seventeen to three hundred and thirty-four, defamatory libel; or, (h) four hundred and ninety-eight, combination in restraint of trade; or, (i) conspiring or attempting to commit, or being accessory after the fact to any of the offences in this section before ́ mentioned; or (j) any indictment for bribery or undue influence, personation or other corrupt practice under the Dominion Elections Act. 55-56 V., c. 29, s. 540; 57-58 V., c. 57, s. 1; 63-64 V., c. 46, s. 3. Special Jurisdiction. 584. For the purposes of this Act, tions. (a) where the offence is committed in or upon any water, On water tidal or other, or upon any bridge, between two or more between magisterial jurisdictions, such offence may be considered jurisdicas having been committed in either of such jurisdictions; (b) where the offence is committed on the boundary of two Near boundor more magisterial jurisdictions, or within the distance ary between of five hundred yards from any such boundary, or is begun jurisdictions. within one magisterial jurisdiction and completed within another, such offence may be considered as having been committed in any one of such jurisdictions; vehicle or dictions. (c) where the offence is committed on or in respect to a In respect mail, or a person conveying a post letter bag, post letter to mail or or anything sent by post, or on any person, or in respect vessel passof any property, in or upon any vehicle employed in a ing through journey, or on board any vessel employed on any navigable several jurisriver, canal or other inland navigation, the person accused shall be considered as having committed such offence in any magisterial jurisdiction through which such vehicle or vessel passed in the course of the journey or voyage during which, the offence was committed; and where the centre or other part of the road, or any navigable river, canal or other inland navigation along which the vehicle or vessel passed in the course of such journey or voyage, |