issue either a warrant or a summons, leaving the person applying for one to arrest the alleged offender on his own responsibility." Eng. Commrs.' Rep.

COMPELLING APPEARANCE OF ACCUSED BEFORE

JUSTICE.

553. Magisterial jurisdiction.—For the purposes of this Act, the following provisions shall have effect with respect to the jurisdiction of justices :

(a.) Where the offence is committed in any water, tidal or ether, between two or more magisterial jurisdictions, such offence may be considered as having been committed in either of such jurisdictions;

(b.) Where the offence is committed on the boundary of two or more magisterial jurisdictions, or within the distance of five hundred yards from any such boundary, or is begun within one magisterial jurisdiction and completed within another, such offence may be considered as having been committed in any one of such jurisdictions;

(c.) Where the offence is committed on or in respect to a mail, or a person conveying a post-letter bag, post letter or anything sent by post, or on any person, or in respect of any property, in or upon any vehicle employed in a journey, or on board any vessel employed on any navigable river, 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, is the boundary of two or more magisterial jurisdictions, the person accused of having committed the offence may be considered as having committed it in any one of such jurisdictions.

This Article is, in effect, if not in words, a re-enactment of sections 10, 11, and 12 of R.S.C, c. 174, which were derived from sections 12 and 13 of the Imperial statute, 7 Geo. 4, c. 64; clause (b) being only slightly varied from the wording of section 12 of 7 Geo. 4, c. 64, which is as follows: "Where a felony or misdemeanor is committed on the boundary of two or more counties, or within the distance of five hundred yards from any such boundary or is begun in one county and completed in another, the venue may be laid in either county, in the same manner as if it had been committed therein."

In cases of murder or manslaughter, where the cause of death arises in one magisterial jurisdiction and the death takes place in another, it seems that the prisoner may, under the above Article, be indicted in either jurisdiction. (1)

If a man commit a theft in one magisterial jurisdiction and carry the stolen goods with him into another, he may be indicted within the limits of the jurisdiction where he committed it, or in the place into which, or any of the places through which he carried the goods; for in contemplation of law there is such a taking and carrying away as to constitute the offence of theft in every place

(1) 1 Russ. Cr. & M. (by Greaves), 4 Ed, 753.

through which, at any distance of time, the goods were carried by him. (1) For instance where a prisoner, on the 4th of November, stole a note in Yorkshire, and, upon the 4th of March, he carried it into Durham, the judges were clear, upon a case reserved, that the interval between the first taking and carrying the note into Durham did not prevent it from being a theft in Durham, and that the conviction in that county was right. (2)

A country bank note was stolen during its transit, through the post, from Swindon, a town in Wiltshire, to the City of Bristol, which lies between the counties of Somerset and Gloucester, and the same note was afterwards enclosed by the defendant in a letter posted by him in Somersetshire and addressed to the Bankers at Swindon, requesting payment of it, which letter, with the bank note in it, arrived in due course at Swindon. The defendant was held triable in Wiltshire, the possession of the Post Office servants or of the Bankers at Swindon, in Wiltshire, being held, for this purpose, the defendant's possession (3)

A charge of sending a threatening letter may be prosecuted either in the Magisterial jurisdiction where the prosecutor received it, or in the place from which the offender sent it; because the offence, in such a case, is begun in the one and completed in the other. (4)

Where money obtained by a false pretence was transmitted in a letter posted, in accordance with the defendant's request, in County A., but which reached him in County B. it was held that this was an obtaining of the money in County A. (5)

If two persons steal a thing in one county, though one of them alone carry the property into another county, yet if both afterwards co-operate to secure the thing in the latter county both may be indicted there; for the subsequent concurrence may be connected with the previous taking. Thus, two men, named County and Donovan, laid a plan to obtain, under pretence of buying them, some coats which were in the possession of a woman, at a public house, in Surrey. After making a pretended bargain to buy them from her, the two prisoners induced the prosecutrix to leave the coats with one of them (Donovan), whilst she went with the other prisoner, County, who asked her to go with him, and he would get the money to pay her for the coats. In the prosecutrix's absence Donovan carried off the coats into Middlesex, and the other prisoner, County, afterwards joined him there, and concurred in securing them. The indictment was laid against the prisoners, in Middlesex, and, upon a case reserved, the judges were unanimous that, as County was present aiding and abetting in Surrey at the original larceny, his concurrence afterwards in Middlesex, though after an interval, might be connected with the original taking, and brought down, as larceny, to the subsequent possession in Middlesex. They therefore held the conviction right. (6)

Where two jointly committed a theft in one county, and one of them carried the stolen goods into another county, the other still accompanying him, without their ever being separated, they were held both indictable in either county; the possession of one being the possession of both, in each of the counties, as long as they continued in company. (7)

The taking into the other county or jurisdiction must be animo furandi. For instance, a constable apprehended a prisoner with two stolen horses at

(1) 1 Hale, 507; 2 Hale, 163; 3 Inst. 113; 1 Hawk., c. 33, s. 52, 4 Bl. Com. 304; East, P. C. 771.

(2) R. v. Parkin, 1 Mood. C. C., 45.

(3) R. v. Cryer, Dears. & B. 324; 36 L. J. (M. C.) 192.

(4) R. v. Girdwood, 2 East. P. C. 1120; 1 Leach, 142; R. v. Esser, 2 East. P. C., 1125; R. v. Burdett, 4 B. & Ald. 95.

(5) R. v. Jones, 1 Den. 551; 19 L. J. (M. C.) 162; R. v. Buttery, 4 B. & Ald. 179. (6) R. v. County & Donovan, East. T. 1816, M.S. Bailey, J., 2 Russ. 175, cil.

in Arch. Cr. Pl. & Ev. 21 Ed. 41.

(7) R. v. McDonagh, Carr. Supp., 2d. Ed., 23

Croyden in Surrey. On being so arrested, the prisoner said he had been at Dorking to fetch the horses and that they belonged to his brother, who lived at Bromley. The police constable offered to go with him to Bromley; and they took the horses and rode together as far as Beckenham Church, when the prisoner said he had left a parcel at the Black Horse, in some place in Kent. The constable, accordingly, went there with him each riding one of the horses. When they got there, the constable gave the horses to the ostler. The prisoner did not enquire for any parcel, but made his escape, and was, afterwards, again apprehended in Surrey, and indicted in Kent for stealing the two horses. Upon a case reserved, the judges were unanimously of opinion that there was no evidence to be left to the jury of stealing in Kent. (1)

Where a theft was committed in County A., and the receiving of the property stolen took place in County B., it was held that both were triable in A., and that the stealing and receiving could both be alleged to have been in A. (2)

Where an offence has been committed within 500 yards of the boundary between two magisterial jurisdictions, it seems that Clause (b) of Article 553 will not enable the prosecutor to lay it in one jurisdiction and try it in another, but it merely gives him the option of both laying and trying the offence in either jurisdiction. (3)

With regard to Clause (c) of Article 553, it seems that, in order to maintain an indictment in a magisterial jurisdiction other than that in which an offence has been committed, in respect of property in or upon a vehicle or vessel employed in a journey, etc., it would be necessary to prove that the offence was committed in or upon the vehicle or vessel itself. For instance, a defendant was held to bail to appear at the Cumberland Assizes to answer a charge of stealing committed on a journey. He had acted as guard of a coach from Penrith in the county of Cumberland to Kendal in Westmoreland, and was entrusted with a banker's parcel, containing bank notes and two sovereigns. On changing horses at some distance from Penrith, he carried the parcel to a privy, and while there took out of it the sovereigns and Parke, B., held that as the act of stealing was not in or upon the coach," the case was not within the statute, and the felony having been committed in Westmoreland, the indictment ought to be preferred in that county. (4)

""

Clause (c) is not confined to the carriages of common carriers or to public conveyances, but extends to any vehicle employed in any journey. (5)

554. When a justice may compel appearance.-Every stice may issue a warrant or summons as hereinafter mentioned to compel the attendance of an accused person before him, for the purpose of preliminary inquiry in any of the following cases :

(a.) If such person is accused of having committed in any place whatever an indictable offence triable in the province in which such justice resides, and is, or is suspected to be, within the limits over which such justice has jurisdiction, or resides or is suspected to reside within such limits;

(b.) If such person, wherever he may be, is accused of having committed an indictable offence within such limits;

(c.) If such person is alleged to have any where unlawfully received property which was unlawfully obtained within such limits;

(1) R. v. Simmonds, 1 Mood. C. C. 408.

(2) R. v. Hinley, 2 M. & Rob 524.

(3) R. v. Mitchell, 2 G. & Dav. 274; 2 Q. B. 638.

(4) Sharpe's Case, 2 Lew. 233.

(5) R. v. Sharpe, Dears. 415; 24 L. J. (M. C.) 40; Arch. Cr. Pl. & Ev. 21 Ed. 42.

(d.) If such person has in his possession, within such limits, any stolen property.

555. Offences committed in certain parts of Ontario.—All offences committed in any of the unorganized tracts of country in the province of Ontario, including lakes, rivers and other waters therein, not embraced within the limits of any organized county, or within any provisional judicial district, may be laid and charged to have been committed and may be enquired of, tried and punished within any county of such province; and such offences shall be within the jurisdiction of any court having jurisdiction over offences of the like nature committed within the limits of such county, before which court such offences may be prosecuted; and such court shall proceed therein to trial, judgment and execution or other punishment for such offence, in the same manner as if such offence had been committed within the county where such taial is had.

2. When any provisional judicial district or new county is formed and established in any of such unorganized tracts, all offences committed within the limits of such provisional judicial district or new county, shall be inquired of, tried and punished within the same, in like manner as such offences would have been inquired of, tried and punished if this section had not been passed.

3. Any person accused or convicted of any offence in any such provisional district may be committed to any common gaol in the province of Ontario; and the constable or other officer having charge of such person and intrusted with his conveyance to any such common gaol, may pass through any county in such province with such person in his custody; and the keeper of the common gaol of any county in such province in which it is found necessary to lodge for safe keeping any such person so being conveyed through such county in custody, shall receive such person and safely keep and detain him in such common gaol for such period as is reasonable or necessary ; and the keeper of any common gaol in such province, to which any such person is committed as aforesaid, shall receive such person and safely keep and detain him in such common gaol under his custody until discharged in due course of law, or bailed in cases in which bail may by law be taken. R.S.C., c. 174, s. 14.

556. Offences committed in the district of Gaspé•—Whenever any offence is committed in the district of Gaspé, the offender, if committed to gaol before trial, may be committed to the common gaol of the county in which the offence was committed, or may, in law, be deemed to been committed, and if tried before the Court of Queen's Bench, he shall be so tried at the sitting of such court held in the county to the gaol of which he has been committed, and if imprisoned in the common gaol after trial he shall be so imprisoned in the common gaol of the county in which he has been tried. R.S.C., c. 174, s. 15.

557. Offences committed out of the Magistrate's Jurisdiction.— The preliminary inquiry may be held either by one justice or by more

justices than one : Provided that if the accused person is brought before any justice charged with an offence committed out of the limits of the jurisdiction of such justice, such justice may, after hearing both sides, order the accused at any stage of the inquiry to be taken by a constable before some justice having jurisdiction in the place where the offence was committed. The justice so ordering shall give a warrant for that purpose to a constable, which may be in the FORM A IN SCHEDULE ONE hereto, (1) or to the like effect, and shall deliver to such constable the information, depositions and recognizances if any taken under the provisions of this Act, to be delivered to the justice before whom the accused person is to be taken, and such depositions and recognizances shall be treated to all intents as if they had been taken by the last-mentioned justice.

2. Upon the constable delivering to the justice the warrant, information, if any, depositions and recognizances, and proving on oath or affirmation, the handwriting of the justice who has subscribed the same, such justice, before whom the accused is produced, shall thereupon furnish such constable with a receipt or certificate in the FORM B IN SCHEDULE ONE hereto, (2) of his having received from him the body of the accused, together with the warrant, information, if any, depositions and recognizances, and of his having proved to him, upon oath or affirmation, the handwriting of the justice who issued the warrant.

4. If such justice does not commit the accused for trial, or hold him to bail, the recognizances taken before the first mentioned justice shall be void.

558. Laying information.—Any one who, upon reasonable or probable grounds, believes that any person has committed an indictable offence against this Act may make a complaint or lay an information in writing and under oath before any magistrate or justice of the peace having jurisdiction to issue a warrant or summons against such accused person in respect of such offence.

2. Such complaint or information may be in the FORM Cin SCHEDULE ONE hereto, (3) or to the like effect.

559. Hearing on information'—-Upon receiving any such complaint or information the justice shall hear and consider the allegations of the complainant, and if of opinion that a case for so doing is made out he shall issue a summons or warrant, as the case may be, in manner hereinafter mentioned, and such justice shall not refuse to issue such summons or warrant, only because the alleged offence is one for which an offender may be arrested without warrant. R.S.C., c. 174, s. 30.

560. Warrant in cases of offences committed on high seas, etc.— Whenever any indictable offence is committed on the high seas, or in any creek, harbour, haven or other place in which the Admiralty

(1) For Form A, see p. 543, post. (2) For Form B, see p. 544, post. (3) For Form C. see p. 545, post.