EXTRADITION WITH THE U. S.-Continued.

"child stealing" under the foreign law is not covered by the fats disclosed by the depositions; and where such is shewn the accused should be discharged. (97)

The child's own father may be guilty of child stealing, if, after a divorce by a Court of competent jurisdiction and the award, thereon, of the custody of the child to the mother, the father wifully removes the child from her custody; and an objection, by the husband, to the validity of the divorce, on the ground of collusion, cannot, where the collusion is denied on oath, be adjudicated upon by the extradition commissioner, but extradition should be ordered notwithstanding such objection, and the accused left to his right to contest the divorce decree at his trial by the foreign Court. (98)

Where a divorce decree of a Court of competent jurisdiction, in the United States, has awarded the custody of a child to the father against the mother, and the mother subsequently removes and conceals the child, to evade the decree, a prima facie case for extradition is thereby made out against the mother upon a charge of child stealing; and it seems that the offence of child stealing may be complete against the child's mother, although the father to whom the child's custody has been awarded has never had any actual separate possession of the child. (99)

LIST OF GREAT BRITAIN'S EXTRADITION TREATIES (WITH FOREIGN STATES) IN FORCE IN CANADA.

LIST OF GREAT BRITAIN'S EX TRADITION TREATIES (WITH FOREIGN STATES) IN FORCE IN CANADA.-Continued.

The principal provisions of the Yukon Act, with regard to the administration of criminal law, are the following:

Sec. 63. Procedure in criminal cases.

The procedure in criminal cases in the Territorial Court shall subject to any

(99) Not applicable to extradition between British and Portuguese India.

(100) Tongan subjects escaping to British territory.

YUKON ACT.-Continued.

Act of the Parliament of Canada, conform as nearly as may be to the procedure existing in like cases in the North West Territories on the 13th day of June 1898.

2. No grand jury shall be summoned or sit in the Territory.

Sec. 64. Powers of Judge. Every judge of the Court shall have and may exercise the powers of a justice of the peace, or of any two justices of the peace, under any laws or ordinances in force in the Territories.

Sec. 65. Summary trial. Every such judge may in a summary way, and without the intervention of a jury, hear, try and determine any charge against any person of having committed in the Yukon Territory the offence of,— (a) theft or attempt to steal, or obtaining money or property by false pretenses, or unlawfully receiving stolen property in any case in which the value of the whole property, alleged to have been stolen, obtained or received, does not, in the opinion of such judge, exceed $200; or,

(b) unlawfully wounding or inflicting any grievous bodily harm upon any other person, either with or without a weapon or instrument; or,

(c) indecent assault on any female, or on a male person under the age of fourteen years, when such assault, if upon a female, does not, in his opinion, amount to an assault with intent to commit rape; or,

(d) escaping from lawful custody or committing prison breach, or assaulting, resisting or wilfully obstructing any judge or any public or peace officer engaged in the execution of his duty, or any person acting in aid of such officer.

Sec. 66. Trial with jury.-When any person is charged with a criminal offence not within the next preceding section, and which is not otherwise by any law summarily triable without the consent of the accused, the charge shall be heard, tried and determined by the judge with the intervention of a jury.: Provided that in any case the accused may, with his own consent, be tried by a judge in a summary way and without the intervention of a jury.

Sec. 67. Jury of six.-In any case of trial with the intervention of a jury, the jury shall be composed of six jurors.

See sec. 72 as to jury challenges.

See secs. 89 to 94 as to police magistrate and their jurisdiction; and see secs. 102 to 104 as to criminal appeals.

ADULTERATION ACT AMENDMENT ACT, 1907.

(6 and 7 Edw. VII., c. 4).

Sec. 1. Paragraph (f) of section 2 of the Adulteration Act, chapter 133, of R. S. 1906, is repealed and the following is

substituted therefor:

"(f) "Analyst' means public analyst, and includes any member of the examining board appointed under the authority of this Act, and also the chief analyst and the assistant chief analyst."

Sec. 2. Section 8 of the said Act is repealed and the following is substituted therefor:

"8. The Governor in Council may appoint one or more persons as public analysts to analyse food, drugs, agricultural fertilizers and other articles, and may also appoint a chief analyst and an assistant chief analyst.

"2. The Governor in Council may assign a public analyst to a particular district and may fix the territorial limits of such district.

"3. The chief analyst, the assistant chief analyst and such other public analysts as the Governor in Council directs, shall be attached to the staff of the Department of Inland Revenue at Ottawa.

"4. The assistant chief analyst shall have the same powers as are conferred by this Act upon the chief analyst."

Sec. 3. Section 15 of the said Act is repealed and the following is substituted therefor:

"15. The officer purchasing any article with the intention of submitting it to be analysed shall, after the completion has been completed, forthwith notify the seller or his agent selling the article of his intention to have it analysed by a public analyst, and shall, except in specific cases respecting which special provisions may be made by the Governor in Council, divide the article into three parts, to be then and there separated, and each part to be marked and sealed up or fastened up as its nature permits.

"2. Such officer shall deliver one of such parts to the seller or his agent if required by him so to do; he shall transmit another of such parts to the Minister for submission to the chief analyst or the assistant chief analyst in case of appeal; and he shall submit the remaining part to such public analyst as the Minister or Deputy Minister or any person duly authorized in that behalf directs."

Sec. 4. Section 16 of the said Act is repealed, and the following. is substituted therefor:

"16. The person from whom any sample is obtained under this Act may require the officer obtaining it to annex, to the vessel or

package containing the part of the sample which he is thereby required to transmit to the Minister, the name and address of such person, and to secure, with a seal or seals belonging to him, the vessel or package containing such part of the sample and the address annexed thereto, in such manner that the vessel and package cannot be opened, or the name and address taken off without breaking such seals; and the certificate of the chief analyst or of the assistant chief analyst shall state the name and address of the person from whom the said sample was obtained, that the vessel or package was not open, and that the seals securing to the vessel or package the name and address of such person were not broken until such time as he opened the vessel or package for the purpose of making his analysis; and in such case no certificate shall be receivable in evidence unless there is contained therein such statement as above or a statement to the like effect."

PROCLAMATION BRINGING PART III. OF THE CRIMINAL CODE INTO FORCE.

On the 10th of June 1907, the Governor General, (by proclamation published in the Canada Gazette of the 22nd of June 1997), proclaimed and declared that, from and after the 15th of June 1907, all the provisions of Part III., (101), of the Criminal Code, as amended, except sections 144 to 149, (102), shall be in force within the following limits, that is to say: "All those portions of the provinces of Manitoba, Ontario and Quebec lying, in the province of Manitoba, within five miles, in the provinces of Ontario and Quebec, (except in the provisional judicial district of Rainy River), within twenty miles, and, in the provisional judicial district of Rainy River, within ten miles, on each side of the located line, and including the line itself, of the National Transcontinental Railway, from the limits of the town of St. Boniface, in the province of Manitoba, easterly to the Quebec Bridge across the River St. Lawrence, in the said province of Quebec, but not including incorporated cities and towns."

(101) Part III. relates to the Preservation of Peace in the vicinity of Public Works.

(102) Sections 144 to 149 relate to the seizure of weapons near Public Works.