having brought an action for the conversion of the goods: Held, that the plaintiffs intended to deal with Blenkiron & Sons, and therefore there was no contract with Blenkarn; that the property of the goods never passed from the plaintiffs; and that they were accordingly entitled to recover in the action: Lindsay v. Cundy, 13 Cox, 583, 2 Q. B. D. 96, 3 App. Cas. 459. The plaintiff had stolen money of the defendant, and had been prosecuted for it but acquitted on a technical ground. The plaintiff had, previously to the prosecution, converted the money into goods, which were now in the possession of the defendant as being the proceeds of the money stolen from him by the plaintiff. brought an action to claim the said goods. had no right of action: Cattley v. Loundes, 34 W. R. 139. The plaintiff Held, that he A thief's money in the hands of the police after his conviction is not a debt of the police to the thief, and cannot be attached under garnishee proceedings: Bice v. Jarvis, 49 J. P. 264. Under this section the court can order the restitution of the proceeds of the goods as well as of the goods them selves, if such proceeds are in the hands of the criminal or of an agent who holds them for him: R. v. The Justices, 16 Cox, 143, 196. A man was convicted of stealing cattle, which he had sold since in market overt and had been resold immediately. also in market overt, the purchasers being in good faith. Restitution ordered to the person from whom they had been stolen R. v. Horan, 6 Ir. R. C. L. 293; but see now s-s. 3 of s. 838 ante. : M. was indicted for stealing $95 in bank notes and acquitted. He applied to have $37 in notes, found on his person when arrested, returned to him which the prosecutor resisted. The statute of P. E. I., 6 Wm. IV. c. 22, s. 38, enacts that "when a prisoner is not convicted the court may, if it sees fit, order restitution of the property where it clearly appears to have been stolen from the owner. When arrested prisoner had the money sewed up in his trousers, and among the notes was a $5 note, bank of N. B., $5 note, bank of Halifax, and a $5 note, bank of Montreal. Prisoner said he put the money there to hide. it from the police. Prosecutor had sworn that he had carefully counted the money before the robbery, and that it included a $5 bank of N. B. note, and a $5 bank of Halifax note. Held, that the evidence was not sufficient to identify the notes as the prosecutor's, and the application must be granted: The Queen v. McIntyre, 2 P. E. I. Rep. 154. A leading case on this section in England is now Vilmont v. Bentley, 12 App. Cas. 471, Warb. Lead. Cas. 256, which, however, cannot be followed in Canada under s-s. 3 of 8. 838, ante. PART LVIII. SUMMARY CONVICTIONS. 839. In this part, unless the context otherwise requires- (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 a police magistrate, a stipendiary magistrate and any person having the power or authority of two or more justices of the peace; (b) the expression "clerk of the peace" includes the proper officer of the court having jurisdiction in appeal under this part, as provided by section eight hundred and seventy-nine; (c) the expression "territorial division" means district, county, union of counties, township, city, town, parish or other judicial division or place; (d) the expression "district" or "county" includes any territorial or judicial division or place in and for which there is such judge, justice, justice's court, officer or prison as is mentioned in the context : (e) the expression "common gaol" or "prison" means any place other than a penitentiary in which persons charged with offences are usually kept and detained in custody. R. S. C. c. 178, s. 2. 840. Subject to any special provision otherwise enacted with respect to such offence, act or matter, this part shall apply to (a) every case in which any person commits, or is suspected of having committed, any offence or act over which the Parliament of Canada has legis lative authority, and for which such person is liable on summary conviction to imprisonment, fine, penalty or other punishment; (b) every case in which a complaint is made to any justice in relation to any matter over which the Parliament of Canada has legislative authority, and with respect to which such justice has authority by law to make any order for the payment of money or otherwise. R. S. C. c. 178, s. 3. 841. In the case of any offence punishable on summary conviction if 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 months from the time when the matter of complaint or information arose, except in the North-west Territories, 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 the complaint or information arose. 52 V. c. 45, s. 4. The repealed clause extended the limitation of twelve months to the territory east of Portneuf on the north shore of the St. Lawrence. 842. Every complaint and information shall be heard, tried, determined and adjudged by one justice or two or more justices as directed by the Act or law upon which the complaint or information is framed or by any other Act or law in that behalf. 2. If there is no such direction in any Act or law then the complaint or information may be heard, tried, determined and adjudged by any one justice for the territorial division where the matter of the complaint or information arose: Provided that every one who aids, abets, counsels or procures the commission of any offence punishable on summary conviction, may be proceeded against and convicted either in the territorial division or place where the principal offender may be convicted, or in that in which the offence of aiding, abetting, counselling or procuring was committed. 3. Any one justice may receive the information or complaint, and grant a summons or warrant thereon, and issue his summons or warrant to compel the attendance of any witnesses for either party, and do all other acts and matters necessary preliminary to the hearing, even if by the statute in that behalf it is provided that the information or complaint shall be heard and determined by two or more justices. 4. After a case has been heard and determined one justice may issue all warrants of distress or commitment thereon. 5. It shall not be necessary for the justice who acts before or after the hearing to be the justice or one of the justices by whom the case is to be or was heard and determined. 6. If it is required by any Act or law that an information or complaint shall be heard and determined by two or more justices, or that a conviction or order shall be made by two or more justices, such justices shall be present and acting together during the whole of the hearing and determination of the case. 8. No justice shall hear and determine any case of assault or battery, in which any question arises as to the title to any lands, tenements, hereditaments, or any interest therein or accruing therefrom, or as to any bankruptcy or insolvency, or any execution under the process of any court of justice. R. S. C. c. 178, ss. 4, 5, 6, 7, 8, 9, 12, and 73. See s. 864, post, as to cases of assault. 843. The provisions of Parts XLIV. and XLV. of this Act relating to compelling the appearance of the accused before the justice receiving an information under section five hundred and fifty-eight, and the provisions respecting the attendance of witnesses on a preliminary inquiry and the taking of evidence thereon, shall, so far as the same are applicable, except as varied by the sections immediately following, apply to any hearing under the provisions of this part: Provided that whenever a warrant is issued in the first instance against a person charged with an offence punishable under the provisions of this part, the justice issuing it shall furnish a copy or copies thereof, and cause a copy to be served on the person arrested at the time of such arrest. 2. Nothing herein contained shall oblige any justice to issue any summons to procure the attendance of a person charged with an offence by information laid before such justice whenever the application for any order may, by law, be made ex parte, R. S. C. c. 178, ss. 13 to 17 and 21. Quore? 844. The provisions of section five hundred and sixty-five relating to the endorsement of warrants shall apply to the case of any warrant issued under the provisions of this part against the accused, whether before or after convic tion, and whether for the apprehension or imprisonment of any such person. R. S. C. c. 178, s. 22. 52 V. c. 45, s. 4. 845. It shall not be necessary that any complaint upon which a justice may make an order for the payment of money or otherwise shall be in writing, unless it is so required by some particular Act or law upon which such com plaint is founded. 2. Every complaint upon which a justice is authorized by law to make an order, and every information for any offence or act punishable on summary conviction, may, unless it is herein or by some particular Act or law otherwise provided, be made or had without any oath or affirmation as to the truth thereof. 3. Every complaint shall be for one matter of complaint only, and not for two or more matters of complaint, and every information shall be for one offence only, and not for two or more offences; and every complaint or information may be laid or made by the complainant or informant in person, or by his counsel or attorney or other person authorized in that behalf. R. S. C. c. 178, ss. 23, 24 and 26. New. 846. No information, complaint, warrant, conviction or other proceeding under this part shall be deemed objectionable or insufficient on any of the following grounds; that is to say: (a) that it does not contain the name of the person injured, or intended or attempted to be injured; or or (b) that it does not state who is the owner of any property therein mentioned; (c) that it does not specify the means by which the offence was committed; or (d) that it does not name or describe with precision any person or thing: Provided that the justice may, if satisfied that it is necessary for a fair trial, order that a particular further describing such means, person, place or thing be furnished by the prosecutor. 847. No objection shall be allowed to any information, complaint, summons or warrant for any alleged defect therein, in substance or in form, or for any variance between such information, complaint, summons or warrant and the evidence adduced on the part of the informant or complainant at the hearing of such information or complaint. 2. Any variance between the information for any offence or act punishable on summary conviction and the evidence adduced in support thereof as to the time at which such offence or act is alleged to have been committed, shall not be deemed material if it is proved that such information was, in fact, laid within the time limited by law for laying the same. 3. Any variance between the information and the evidence adduced in support thereof, as to the place in which the offence or act is alleged to have been committed, shall not be deemed material if the offence or act is proved to |