VEXATIOUS ACTIONS.

See pp. 50-53, ante.

WAREHOUSE RECEIPTS.

See p. 550, ante.

WEIGHTS AND MEASUREs.

See R. S. C., c. 104, 51 Vic., c. 25, and 52 Vic. c. 17.

WIFE OR HUSBAND.

THEFT BY WIFE OR HUSBAND from each other, when living separate. (See Code, Art. 313).

WORSHIP.

DISTURBING PUBLIC WORSHIP. (See Code, Art. 173).

OBSTRUCTING OFFICIATING CLERGYMAN.

(See Code, Art. 171).

WOUNDING.

Wounding with Intent to Murder.—See ATTEMPTS TO MURDER by wounding. (Code, Art. 232 (b), at p. 566, ante.)

Wounding with Intent to Maim, Etc.-Every one is guilty of an indictable offence and liable to imprisonment for life who, with intent to maim, disfigure or disable any person, or to do some other grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person, unlawfully by any means wounds or causes any grievous bodily harm to any person, or shoots at any person, or, by drawing a trigger, or in any other manner, attempts to discharge any kind of loaded arms at any person. (Code, Art. 241.)

Wounding.-Every one is guilty of an indictable offence and liable to three years' imprisonment who unlawfully wounds or inflicts any grievous bodily harm upon any other person, either with or without any weapon or instrument. (Code, Art. 242.)

Shooting at Her Majesty's Vessels, and Wound. ing Public Officers on Duty.-Every one is guilty of an indictable offence and liable to fourteen years' imprisonment who wilfully

(a.) shoots at any vessel belonging to Her Majesty or in the service of Canada; or (b.) maims or wounds any public officer engaged in the execution of his duty or any person acting in aid of such officer. (Code, Art. 243.)

APPENDIX.

THE EXTRADITION ACT.

The law of Canada as to procedure in extradition matters is contained in the Extradition Act, R. S. C., c. 142, as amended and extended by the 52 Vic., c. 36.

The Act applies in the case of any foreign state with which there is, at or after the time of its coming into force, an extradition treaty, convention, or arrangement. (R. S. C., c. 142, sec. 3.)

All judges of the Superior Courts and of the County Courts of any province, and all commissioners, appointed for the purpose in any province by the Governor in Council under the great seal of Canada, by virtue of the act, are authorized to act judicially in extradition matters within the province, and they have, for the purposes of the Act, all the powers and jurisdiction of any judge or magistrate of the province. (Ib., sec. 5.)

Extradition from Canada.-Whenever the Act applies, a judge may issue his warrant of arrest, to arrest a fugitive on a foreign warrant of arrest, or on an information or complaint laid before him, and on such evidence and after such proceedings as in his opinion would justify the issue of the warrant if the crime in question had been committed in Canada. And he shall forthwith send a report of the fact of the issue of the warrant, with certified copies of the evidence and foreign warrant, information or com-, plaint, to the Minister of Justice. (Ib., sec. 6.)

A warrant issued under the Act may be executed in any part of Canada, as if originally issued, or subsequently endorsed by a justice of the peace having jurisdiction in the place where executed. (Ib., sec. 7.)

The fugitive shall be brought before a judge, and the judge shall hear the case in the same manner, as nearly as may be, as if the

fugitive was brought before a justice of the peace charged with an indictable offence committed in Canada, receive the evidence of any witness tendered to show the truth of the charge, or the fact of the conviction; and also receive any evidence tendered to show that the crime in question is one of a political character, or that it for any other reason, not an extradition crime, or that the proceedings arebeing taken with a view to prosecute or punish him for an offence of a political character. (Ib., sec. 9.)

is:

Depositions taken in a foreign state and copies thereof, and certificates of or judicial documents stating the fact of conviction may be received in evidence provided such papers are duly authenticated as required by section 10 of the Act.

If, in the case of a fugitive offender alleged to have been coNVICTED of an extradition crime, such evidence is produced as would, according to the law of Canada, prove that he was so convicted, and if, in the case of a fugitive ACCUSED of an extradition crime, such evidence is produced as would, according to the law of Canada. justify his committal for trial, if the crime had been committed in Canada, the judge shall issue his warrant for the committal of the fugitive to prison until surrendered to the foreign state, or discharged according to law; but, otherwise, the judge shall order him to be discharged. (Ib., sec. 11.)

:

If the judge commits a fugitive to prison he shall, on such committal (a.) inform him that he will not be surrendered until after the expiration of FIFTEEN DAYS, and that he has a right to apply for a writ of habeas corpus; and, (b.) transmit to the Minister of Justice a certificate of the committal with a copy of all the evidence taken before him, not already so transmitted, and such report on the case as he thinks fit. (lb., sec 12.)

The requisition for the fugitive's surrender is made to the Minister of Justice by a consular officer of the foreign state resident at Ottawa, or by any minister of that state communicating with the Minister of Justice through the diplomatic representative of Her Majesty in that state, or, if neither of these modes is convenient, then in such other mode as is settled by arrangement. (lb., sec. 13.)'

If the offence in question is of a political character or if the proceedings are being taken with a view to prosecute or punish the

fugitive for an offence of a political character he shall not be liable to be surrendered. (Ib., sec. 14.)

If the Minister of Justice, at any time, determines-(a) that the offence, in respect of which extradition proceedings are being taken. is of a political character, or (b) that the proceedings are being taken with a view to try or punish the fugitive for an offence of a political character, or (c) that the foreign state does not intend to make a requisition for surrender, he may refuse to make an order for surrender, or cancel any order made by him or any warrant issued by a judge, and order the fugitive's discharge. (Ib., sec. 15.)

A fugitive shall not be surrendered until after the expiration of FIFTEEN DAYS from his committal, or, if a writ of habeas corpus is issued, until after the decision of the court remanding him. (Ib., sec. 16.)

If a fugitive is not surrendered and conveyed out of Canada within TWO MONTHS after his committal for surrender, or,—if a writ of habeas corpus is issued,-within TWO MONTHS after the decision of the court on such writ, any of the judges of the Superior Courts of the Province where such person is confined, having power to grant a habeas corpus, may, upon application being made to him after reasonable notice to the Minister of Justice. order the fugitive to be discharged, unless sufficient cause be shown against such discharge. (Ib., sec. 19.)

Section 1 of 52 Vic., c. 36, provides for the surrender, to a foreign state, of fugitive offenders, charged with or convicied of any of the crimes mentioned in the schedule to the Act, in case of there being no extradition treaty or arrangement with such foreign state or in case of there being, with such foreign state, an extradition arrangement which does not include the crimes mentioned in the schedule to the Act.

Extradition from Foreign State.-A requisition for the surrender of a criminal who is a fugitive from Canada, and who is or is suspected to be in any foreign state, with which there is an extradition treaty, convention or arrangement, may be made by the Minister of Justice to a consular officer of that state resident at Ottawa, or to a Minister of Justice or any other minister of that state through the diplomatic representative of Her Majesty in that

state, or if neither of these modes is convenient, then in such other mode as is settled by arrangement. (R. S. C., c. 142, sec. 21.)

Whenever any person accused or convicted of an extradition crime is surrendered by a foreign state in pursuance of any extradition arrangement, such person shall not, until after he has been restored or has had an opportunity of returning to the foreign state, be subject, in contravention of any of the terms of the arrangement, to any prosecution or punishment in Canada for any other offence committed prior to his surrender for which he should not under the arrangement be prosecuted. (lb., sec. 23.)

Political Offence.-An explosion caused by an Anarchist is not a political offence; but, to constitute a political offence, there must, in connection therewith be two parties in the State, each trying to impose its own government on the other. (1)

Extradition between Canada and the United States-is regulated by the Ashburton Treaty.-made between Great Britain and the United States in 1842,-by statutes passed to give that treaty effect, and by a convention made between Great Britain and the United States in 1889-1890.

The Ashburton Treaty has been extended by the convention of 1888-1890 so as to make provision for the extradition, between Great Britain and the United States, of fugitive criminals, accused or convicted of any of the following crimes :

MURDER.

PIRACY.

ARSON.

ROBBERY.

FORGERY; UTTERING OF FORGERIES.

MANS AUGHTER when voluntary.

COUNTERFEITING; UTTERING COUNTERFEIT MONEY.

EMBEZZLEMENT; LARCENY; RECEIVING any money, valuable security or other property knowing the same to have been 'embezzled, stolen or fraudulently obtained. (2)

FRAUD, by a bailee, banker, agent, factor, trustee, director, mem

(1) In re Meunier, 10 R., Oct., (1894), 225.

(2) EMBEZZLEMENT and LARCENY are now included in "THEFT.”