INDICTMENT-INFORMATION-SUMMARY CONVICTION.

WHENEVER it is stated that an offender is liable to any punishment, the meaning is that he is so liable on conviction on indictment.1

2 Whenever it is stated that an offender is liable, on summary conviction, to any punishment, the meaning is

1 As to cases in which an information will lie see Arch. 121.

2 R. S. C., c. 174, s. 2 (b); c. 178, s. 5. Hatton's Case (2 Salk. 477); Dalt. c. 6, s. 8; R. v. Weale (5 C. & P. 135). If (in any summary proceeding) no time is specially limited for making any complaint, or laying any information in the Act or law relating to the particular case, the complaint shall be made, or the information shall be laid within six

B

that he is so liable on summary conviction before one or any greater number of justices of the peace, or before any person having the authority of two or more justices of the

peace.

Whenever it is stated that any offender is liable, on summary conviction before two justices of the peace, to any punishment, the meaning is that he is so liable on summary conviction before two or any greater number 2 of justices of the peace, or before any person having the authority of two or more justices of the peace, but not before one justice of the peace.

3 The following expressions have the meanings assigned to them whenever used in any provision of any Act relating to the criminal law :

JUSTICE.

(a.) The expression "justice means a justice of the peace, and includes two or more justices, if two or more justices act or have jurisdiction, and also any person having the power or authority of two or more justices of the peace.

INDICTMENT.

(b.) The expression "indictment " includes information,

months from the time when the matter of complaint or information arose, except in the North-West Territories, and in that part of the county of Saguenay which extends from Portneuf, in the said county, to the eastward as far as the limits of Canada, including all the islands adjoining thereto, where the time within which such complaint may be made, or such information may be laid, shall be extended to twelve months from the time when the matter of complaint or information arose. R. S. C. c. 178, s. 11; 52 Vict. (D), c. 45, s. 5.

1 R. S. C. c. 178, ss. 4, 10; Paley's Sum. Conv. (6th ed.). 35. There are, however, some exceptions to this rule, as in cases of prosecutions under he Inland Revenue Act (R. S. C., c. 34, s. 113) or the Canada Temperance Act (R. S. C., c. 106, s. 104), as enacted in 51 Vict. (D.) c. 34, s. 7, where it is provided that no other justice shall sit with the judge, magistrate or two justices before whom the prosecution is instituted.

3 R. S. C., c. 174, s. 2; 14 & 15 Vict., c. 100, s. 30. The Interpretation Act (R. S. C. c. 1) also applies, but it is not thought necessary to insert its provisions here.

inquisition and presentment as well as indictment, and also any plea, replication or other pleading, and any record.

FINDING OF THE INDICTMENT.

(c.) The expression "finding of the indictment" includes also the taking of an inquisition, the exhibiting an information and the making of a presentment.

PROPERTY.

(d.) The expression "property" includes goods, chattels, money, valuable securities, and every other matter or thing, whether real or personal, upon or with respect to which any offence may be committed.

DISTRICT, COUNTY OR PLACE.

(e.) The expression "district, county or place" includes any division of any Province of Canada, for purposes relative to the administration of justice in criminal cases.

TERRITORIAL DIVISION.

(f) The expression "territorial division" means county, union of counties, township, city, town, parish or other judicial division or place to which the context applies.

CATTLE.

The expression "cattle," when used in reference to any provision respecting larceny and other similar offences,' malicious injuries to property,' cruelty to animals, or the conveyance of cattle," includes any horse, mule, ass, swine, sheep or goat, as well as any neat cattle or animal of the bovine species, and whatever is the age or sex of the animal, and whether castrated or not, and by whatever technical or trivial name it is known, and shall apply to one animal as well as to many.

1 R. S. C., c. 164, s. 2.

2 R. S. C., c. 168, s. 1.

3 R. S. C., c. 172, s. 1.

HAVING IN POSSESSION.

3

"Having in possession," when used in reference to any person in any provision respecting larceny and other similar offences,' forgery, 2 offences relating to the coin, public stores, and the property of seamen in the navy," includes not only having in his own personal possession, but also knowingly

4

(a.) having in the actual possession or custody of any other person; and

(b.) having in any place (whether belonging to or occupied by himself or not) for the use or benefit of himself or of any other person.

7 If there are two or more persons, any one or more of whom, with the knowledge and consent of the rest, has any such thing in his or their custody or possession, it shall be deemed and taken to be in the custody and possession of all of them.

8 The following expressions have the meanings assigned to them when used in reference to any provision respecting larceny and other similar offences.

BANKER.

(a.) The expression "banker" includes any director of any incorporated bank or banking company.

DOCUMENT OF TITLE TO GOODS.

(b.) The expression "document of title to goods" in

1 R. S. C. c. 164, s. 2 (l).

2 R. S. C. c. 165, s. 2; 24 & 25 Vict. c. 98, s. 45.

3 R. S. C. c. 167, s. 2; 24 & 25 Vict. c. 99, s. 1.

450 & 51 Vict. (D.) c. 45, s. 2 (e); 38 & 39 Vict. c. 25, s. 10.

5 R. S. C. c. 171, s. 3: 32 & 33 Vict. c. 57, s. 5.

or wilfully, R. S. C. c. 164, s. 2 (/), and wilfully, R. S. C. c. 165, s. 2, and c. 167, s. 2.

7 R. S. C. c. 164, s. 2 (l).

8 R. S. C. c. 164, s. 2; 24 & 25 Vict. c. 96, s. 1.