approved, no tariff of fees was in force, and therefore an action would not lie against a clerk of the justices for the penalty for taking fees contrary to it. Suit for penalty.]-By sec. 1150 all actions for penalties arising under the provisions of sec. 1134 shall be commenced within six months next after the cause of action accrues, and the same shall be tried in the district, county or place wherein such penalties have been incurred; and if a verdict or judgment passes for the defendant, or the plaintiff becomes nonsuit, or discontinues the action after issue joined, or if, upon demurrer or otherwise, judgment is given against the plaintiff, the defendant shall, in the discretion of the court, recover his costs of suit, as between solicitor and client, and shall have the like remedy for the same as any defendant has by law in other cases. In R. v. Tisdale (1860), 20 U.C.Q.B. 272, two justices of the peace were tried before McLean, J., and a jury and found guilty upon an indictment for extortion in exacting from a person charged on a preliminary enquiry before them with a felony 25 shillings as fees due to them as justices and for fees for his arrest. The magistrates had held that the charge was not sustained by the evidence, but had collected the costs above mentioned from the accused as a condition of his discharge. The court in refusing a new trial held that the demand was entirely illegal, and that the defendants could not set up as a defence "such extraordinary ignorance of the law as it would be necessary to believe they laboured under, before it could be credited that they had fallen into a mistake as to their right to charge the defendant with costs in such a case and under such circumstances." Extortion by public officers.]-See note to sec. 157. certificates 1135. When any certificate is granted under section one Return by hundred and eighteen of this Act, the justice granting it shall justice of forthwith make a return thereof to the proper officer in the under Part county, district or place in which such certificate has been III. granted for receiving returns under this Part. default. 2. On default of making such return within ninety days Penalty for after a certificate is granted, the justice shall be liable, on summary conviction, to a penalty of not more than ten dollars. 55-56 V., c. 29, s. 105. under 1136. Every commissioner under Part III. of this Act shall Monthly make a monthly return to the Secretary of State of all weapons returns delivered to him, and by him detained under Part III. R.S., Part III. c. 151, s. 12. 1137. The clerk of the peace of the district or county to Posting up whom returns under this Part are made, or the proper officer, returns. other than the clerk of the peace, to whom such returns are made, shall, within seven days after the adjournment of the then next ensuing general or quarter sessions, or of the term or sitting of such other court having jurisdiction in appeal as 57 CRIM. CODE. Fee. Copy of Finance Mistake not to vitiate return. Returns under Part XVII. aforesaid, cause the said returns to be posted up in the courthouse of the district or county, and also in a conspicuous place in the office of such clerk of the peace, or other proper officer, for public inspection, and the same shall continue to be so posted up and exhibited until the end of the next ensuing general or quarter sessions of the peace, or for the term or sitting of such other court as aforesaid. 2. For every schedule so made and exhibited by such clerk or officer, he shall be allowed such fee as is fixed by competent authority. 3. Such clerk of the peace or other officer of each district or county, within twenty days after the end of each general or quarter sessions of the peace, or the sitting of such court as aforesaid, shall transmit to the Minister of Finance a true copy of all such returns made within his district or county. 55-56 V., c. 29, s. 903. 1138. No return purporting to be made by any justice under this Act shall be vitiated by the fact of its including, by mistake, any convictions or orders had or made before him. in any matter over which any provincial legislature has exclusive jurisdiction, or with respect to which he acted under the authority of any provincial law. 55-56 V., c. 29, s. 906. 1139. Every clerk of the peace or other proper officer shall transmit to the Minister of Agriculture a quarterly return of the names of offenders, the offences and punishments mentioned in convictions transmitted to him under Part XVII. of this Act. 55-56 V., c. 29, s. 823. PART XXIV. LIMITATION OF ACTIONS. Prosecutions for Crimes. commencement. 1140. No prosecution for an offence against this Act, or Time for action for penalties or forfeiture, shall be commenced,(a) after the expiration of three years from the time of its Three years. commission if such offence be (i) treason, except treason by killing His Majesty, or (ii) treasonable offences-section seventy-eight, (iii) any offence against Part VII. relating to the fraudu lent marking of merchandise; or, (b) after the expiration of two years from its commission Two years. if such offence be (i) a fraud upon the government-section one hundred and fifty-eight, (ii) a corrupt practice in municipal affairs-section one hundred and sixty-one, (iii) unlawfully solemnizing marriage-section three hun- (c) after the expiration of one year from its commission if One year. such offence be (i) opposing reading of Riot Act and continuing together (ii) refusing to deliver weapon to justice-section one (iii) coming armed near public meeting-section one hun- (iv) lying in wait near public meeting section one hun- (v) seduction of girl under sixteen-section two hundred (vi) seduction under promise of marriage-section two Six months. Three months. One month. Six days. (vii) seduction of a ward or employee-section two hundred and thirteen, (viii) parent or guardian procuring defilement of girlsection two hundred and fifteen, (ix) unlawfully defiling women, procuring, etc.-section two hundred and sixteen, (x) householders permitting defilement of girls on their premises section two hundred and seventeen; or, (d) after the expiration of six months from its commission if the offence be (i) unlawful drilling section ninety-eight, (ii) being unlawfully drilled-section ninety-nine, (iv) proprietor of newspaper publishing advertisement (i) cruelty to animals-sections five hundred and fortytwo and five hundred and forty-three, (ii) railways and vessels violating provisions relating to conveyance of cattle-section five hundred and fortyfour, (iii) refusing peace officer or constable admissionsection five hundred and forty-five; or, (f) after the expiration of one month from its commission if the offence be improper use of offensive weapons under sections one hundred and sixteen and one hundred and eighteen to one hundred and twenty-four inclusive. 2. No person shall be prosecuted, under the provisions of section seventy-four or seventy-eight of this Act, for any overt act of treason expressed or declared by open and advised speaking unless information of such overt act, and of the words by which the same was expressed or declared, is given upon oath to a justice within six days after the words are spoken and a warrant for the apprehension of the offender is issued within ten days after such information is given. 55-56 V., c. 29, s. 551. Prosecution commenced.]-Laying the information is the commencement of a prosecution. Thorpe v. Priestnell, [1897] 1 Q.B. 159; Vaughton v. Bradshaw, 9 C.B.N.S. 103, following Tunnicliffe v. Tedd, 5 C.B. 553. Where, therefore, a statute provided that all prosecutions thereunder should be commenced within twenty days after the commission of the offence, and an information, was taken on 30th December laying the offence on 16th December, but no summons was issued on the information till 15th January, it was held that the prosecution was commenced in time. R. v. Lennox (1878), 34 U.C.Q.B. 28. An Act extending the time limit within which a prosecution for an offence may be brought, deals with procedure, and the extended limit applies to an offence committed before the passage of the Act. Rex v. Chandra Dharma, 21 Times L.R. 353. An information may be laid and proceedings taken thereon for the prosecution by indictment of an indictable offence, although the case is one which might have been summarily tried by a justice had the information been laid within the six months' limit provided by Cr. Code sec. 1124, and although that period had expired before the laying of the information. R. v. Edwards (1898), 2 Can. Cr. Cas. 96. Where a seduction under promise of marriage has taken place and the illicit intercourse between the parties is continued, upon renewals of promise, for more than a year before the commencement of the prosecution, a prosecution for the original seduction is barred by Code sec. 1140, and a conviction is not warranted as for a subsequent seduction within the year as the woman is not then of "previously chaste character." The King v. Lougheed, 8 Can. Cr. Cas. 184. Subject to statutory exceptions an indictment or information may be preferred at any time. The general rule is expressed in the Latin phrase "Nullum tempus occurrit regi," which means that the Crown is not barred by lapse of time from instituting criminal proceedings against an offender. Frequently, in criminal courts, where there are two or more indictments found against an accused, he is only tried and sentenced upon one. On his release from prison, after serving his sentence, theoretically he may be tried upon the indictments remaining, but practically, such a course is not adopted. Limitation in summary proceedings before justices.]-See sec. 1142 and note. 1141. No action, suit or information shall be brought or Penalty or forfeiture laid for any penalty or forfeiture under any Act, except by action within two years after the cause of action arises or after the within two offence for which such penalty or forfeiture is imposed is com- years. mitted, unless the time is otherwise limited by any Act or by law. 55-56 V., c. 29, s. 930. Continuing offence.]-A person who organizes an association to restrict and control the business of retail coal dealing to the members of the association, and to prevent anyone else from obtaining coal from the foreign shippers at wholesale rates for resale in the district in which the association operates is properly convicted under Code sec. 498 of conspiracy to prevent competition in the sale of a commodity which is the subject of trade. And even if Code sec. 1141 which limits certain proceedings to two years after the offence, could be held to apply to a prosecution by indictment, it did not apply to bar this prosecution for the offence was a continuing one, the association remaining in active operation under the presi dency of the defendant up to the commencement of the prosecution. The King v. Elliott, 9 Can. Cr. Cas. 505, 9 O.L.R. 648. |