c. 100, ss. 9, 57 (Imp.); 33 & 34 V. c. 90, s. 4; The Apollon, 9 Wheat. 360; 1 Bishop's Cr. L. 109, 115, 123, Stat. Cr. 141, 587; Hutchinson's Case, note, 1 Leach, 135; Wheaton Intern. Law, 3rd English Edit., page 178; R. v. Zulueta, 1 C. & K. 215; 22 American Jur. 381, "on the extent of the Criminal Law"; Jefferys v. Boosey, 4 H. L. Cas. 815; Story, Conflict of Laws, par. 620; Felix, dr. intern. privé, par. 548.

PREVIOUS CONSENT OF ATTORNEY-GENERAL OR MINISTER OF MARINE REQUIRED FOR PROSECUTIONS UNDER CERTAIN SECTIONS.

543. No person shall be prosecuted for the offence of unlawfully obtain ing and communicating official information, as defined in sections seventyseven and seventy-eight, without the consent of the Attorney-General or of the Attorney-General of Canada. 23 V. c. 10, s. 4.

544. No one holding any judicial office shall be prosecuted for the offence of judicial corruption, as defined in section one hundred and thirty-one, without the leave of the Attorney-General of Canada.

545. If any person is charged before a justice of the peace with the offence of making or having explosive substances, as defined in section one hundred, no further proceeding shall be taken against such person without the consent of the Attorney-General except such as the justice of the peace thinks necessary, by remand or otherwise, to secure the safe custody of such person. R. S. C. c. 150, s. 5.

546. No person shall be prosecuted for any offence under section two hundred and fifty six or two hundred and fifty-seven, without the consent of the Minister of Marine and Fisheries. 52 V. c. 22 s. 3, (as amended in 1893).

547. No proceeding or prosecution against a trustee for a criminal breach of trust, as defined in section three hundred and sixty-three, shall be commenced without the sanction of the Attorney-General. R. S. C. c. 164, 8. 65.

548. No prosecution for concealing deeds and encumbrances, as defined in section three hundred and seventy, shall be commenced without the consent of the Attorney-General, given after previous notice to the person intended to be prosecuted of the application to the Attorney-General for leave to prosecute. R. S. C. c. 164, s. 91.

549. No proceeding or prosecution for the offence of uttering defaced coin, as defined in section four hundred and seventy-six, shall be taken without the consent of the Attorney-General. R. S. C. c. 167, s. 18.

The words "Attorney-General" mean the AttorneyGeneral or the Solicitor-General of the Province, s. 3.

Where the previous consent of the Attorney-General or some other officer is required for a prosecution, that

applies to the preliminary proceedings before the magistrate.

See R. v. Allison, 16 Cox, 559; Knowlden v. R., 9 Cox, 483; Boaler v. R., 16 Cox, 488; R. v. Barnett, 17 O. R. 649. By s. 613, as amended in 1893, it is not necessary to aver such consent in the indictment.

Section 519 requires the consent of the Attorney-General for a prosecution under the summary convictions clauses.

The power to give the consent in question in these sections cannot be delegated: Abrahams v. The Queen, 6 S. C. R. 10.

TRIALS OF OFFENDERS UNDER 16. (New).

550. The trials of all persons apparently under the age of sixteen years shall, so far as it appears expedient and practicable, take place without publicity, and separately and apart from that of other accused persons and at suitable times to be designated and appointed for that purpose.

This is a directory enactment, and entirely left to the discretion of the court. It is not to be found in the Imperial draft Code of 1879.

LIMITATION OF TIME. (Amended).

551. No prosecution for an offence against this Act, or action for penalties or forfeiture, shall be commenced

(a) After the expiration of three years from the time of its commission if such offence be

(i) treason, except treason by killing Her Majesty or where the overt act alleged is an attempt to injure the person of Her Majesty (Part IV., section sixty-five);

(ii) treasonable offences (Part IV., section sixty-nine);

(iii) any offence against Part XXXIII., relating to the fraudulent marking of merchandise; nor

(b) After the expiration of two years from its commission if such offence be

(i) a fraud upon the Government (Part IX., section one hundred and thirty-three);

(ii) a corrupt practice in municipal affairs (Part IX., section one hundred and thirty-six);

(iii) unlawfully solemnizing marriage (Part XXII., section two hundred and seventy-nine); nor

(c) After the expiration of one year from its commission if such offence be

(i) opposing reading of Riot Act and assembling after proclamation (Part V., section eighty-three);

(ii) refusing to deliver weapon to justice (Part VI., section one hundred and thirteen);

(iii) coming armed near public meeting (section one hundred and fourteen);

(iv) lying in wait near public meeting (section one hundred and fifteen);

(v) seduction of girl under sixteen (Part XIII,, section one hundred and eighty-one);

(vi) seduction under promise of marriage (section one hundred and eighty-two);

(vii) seduction of a ward, etc. (section one hundred and eightythree);

(viii) unlawfully defiling women (section one hundred and eightyfive);

(ix) parent or guardian procuring defilement of girl (section one hundred and eighty-six);

(x) householders permitting defilement of girls on their premises (section one hundred and eighty-seven); nor

(d) After the expiration of six months from its commission if the offence be

(i) unlawful drilling (Part V., section eighty-seven);

(ii) being unlawfully drilled (section eighty-eight);

(iii) having possession of arms for purposes dangerous to the public peace (Part VI., section one hundred and two); .

(iv) proprietor of newspaper publishing advertisement offering reward for recovery of stolen property (Part X., section one hundred and fiftyseven, paragraph d); nor

(e) After the expiration of three months from its commission if the offence be cruelty to animals under sections five hundred and twelve and five hundred and thirteen, Part XXXVIII. ; nor

(ii) railways violating provisions relating to conveyance of cattle (Part XXXIX., section five hundred and fourteen);

(iii) refusing peace officer admission to car, etc. (section five hundred and fifteen):

(f) After the expiration of one month from its commission if the offence be

(i) improper use of offensive weapons (Part VI., sections one hundred and three, and one hundred and five to one hundred and eleven inclusive). 2. No person shall be prosecuted, under the provisions of section sixty-five or section sixty-nine 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.

The laying of the information and subsequent proceedings are the commencement of the prosecution. So, if a statute enacts that an offence must be prosecuted within a certain time, the information must be within that time, but not necessarily the indictment: R. v. Barret, 1 Salk. 383; R. v. Austin, 1 C. & K. 621; R. v. Kerr, 26 U. C. C. P. 214, and cases there cited: R. v. Casbolt, 11 Cox, 385; R. v. Brooks, 1 Den. 217; R. v. Smith, L. & C. 131; see R. v. Carbray, 14 Q. L. R. 223.

In criminal cases it is not necessary for a defendant relying on a statute of limitation to plead it in bar: sec. 631 It devolves upon the prosecuting power to show by legal evidence that the prosecution was commenced within the statutory period, if the indictment appears to have been found after the expiration of that period; Bish. Stat. Cr. par. 264; R. v. Phillips, R. & R. 369; 1 Chit. 283, 385; even where the enactment limiting the time is contained in a clause separate from the clause creating the offence.

In a case of The People v. Santvoord, 9 Cowen 655, the Supreme Court of New York held that though the crime appears by the indictment itself to be barred by the statute of limitation, this is no ground for arresting judgment. That decision cannot be supported where the statute is absolute and without restrictions.

Section 117 of c. 8 R. S. C. which limits to one year the time to prosecute any indictable offence under that Act does not affect prosecutions under ss. 329 & 503 ante, though they are mere re-enactments of s. 102 of said c. 8. Under s. 933 post, the prosecution may be brought under either of these Acts. So that if brought under c. 8, the limitation is one year. If under the Code, there is no limitation. The punishment is also not the same in s. 329 as it is s. 102 of c. 8. See remarks under s. 503.

The same for battery committed on a polling day, s-s (e), s. 263, ante, and s. 77 of c. 8, R. S. C. If indicted under the latter the punishment is five years, s. 951, post, and

limitation of time, one year; if under the former, the punishment is two years, and there is no limitation of time.

ARREST WITHOUT WARRANT. (Amended).

552. Any one found committing any of the offences mentioned in the following sections, may be arrested without warrant by any one, that is to

say:

Part IV.-Sections sixty-five, treason; sixty-seven, accessories after the fact to treason; sixty-eight, sixty-nine and seventy, treasonable offences; seventy-one, assaults on the Queen; seventy-two, inciting to mutiny.

Part V.-Sections eighty-three, offences respecting the reading of the Riot Act; eighty-five, riotous destruction of buildings; eighty-six, riotous damage to buildings.

Part VII.-Sections one hundred and twenty, administering, taking or procuring the taking of oaths to commit certain crimes; one hundred and twenty-one, administering, taking or procuring the taking of other unlawful oaths.

Part VIII.-Sections one hundred and twenty-seven, piracy; one hundred and twenty-eight, piratical acts; one hundred and twenty-nine, piracy with violence.

Part XI.-Sections one hundred and fifty-nine, being at large while under sentence of imprisonment; one hundred and sixty-one, breaking prison; one hundred and sixty-three, escape from custody or from prison; one hundred and sixty-four, escape from lawful custody.

Part XIII.-Section one hundred and seventy-four, unnatural offence. Part XVIII. Sections two hundred and thirty-one, murder; two hundred and thirty-two, attempt to murder; two hundred and thirty-five, being accessory after the fact to murder; two hundred and thirty-six, manslaughter; two hundred and thirty-eight, attempt to commit suicide.

Part XIX.-Sections two hundred and forty one, wounding with intent to do bodily harm; two hundred and forty-two, wounding; two hundred and forty-four, stupefying in order to commit an indictable offence; two hundred and forty-seven and two hundred and forty-eight, injuring or attempting to injure by explosive substances; two hundred and fifty, intentionally endanger. ing persons on railways; two hundred and fifty-one, wantonly endangering persons on railways; two hundred and fifty-four, preventing escape from wreck.

Part XXI.-Sections two hundred and sixty-seven, rape; two hundred and sixty-eight, attempt to commit rape; two hundred and sixty-nine, defiling children under fourteen.

Part XXII.-Section two hundred and eighty-one, abduction of a woman. Part XXV.-Section three hundred and fourteen, receiving property dishonestly obtained.

Part XXVI.-Sections three hundred and twenty, theft by agent, etc.; three hundred and fifty-five, bringing into Canada things stolen.

Part XXIX.-Sections three hundred and ninety-eight, aggravated robbery; three hundred and ninety-nine, robbery; four hundred, assault with intent to rob; four hundred and one, stopping the mail; four hundred and