.

ministerial, such as receiving informations, taking recognizances, &c., may be done elsewhere, though anything founding proceedings of a penal nature, and any coercive or judicial act is utterly void unless done within the district. Dalton, c. 25; see Newhold v. Coltman, 6 Exch. 189.

A Justice's jurisdiction is limited to the county or place for which he is appointed, and to give him jurisdiction the offence must be committed in that county or place, and the offender must reside there, or if not so committed the offender must reside or be in such county or place. (32 & 33 Vic., chap. 30, s. 1; 1b., chap. 31, s. 1.

The Imperial Statute (28 Geo. 3, chap. 49, s. 4) enabling Justices of the Peace for counties at large to act as such within any city being a county of itself, situate therein or adjoining such county, is local in its character and is not in force in this Province. Therefore, in the case of a felony committed in a county, Justices of the Peace of that county have no jurisdiction to administer oaths or examine witnesses in a city within the county in relation to that felony so committed outside of the city limits. R. v. Row, 14 C. P. (Ont.) 307. See also Hunt v. McArthur,

24 Q. B. (Ont.), 254.

By the 32 & 33 Vic., chap. 29, s. 8, where a felony or misdemeanor is committed on the boundary of two or more districts, counties or places, or within the distance of one mile of any such boundary, or in any place with respect to which it may be uncertain within which of two or more districts, counties or places it is situate, or when any felony or misdemeanor is begun in one district, county or place, and completed in another, every such felony or misdemeanor may be dealt with, inquired of, tried, determined and punished in any one of the said districts, counties or places, in the same manner as if it had been actually and wholly committed therein. By section 9, when any felony or misdemeanor is committed on any person, or on or in respect of any property in or upon any coach, waggon, cart, or other carriage whatever, employed in any journey, or is committed on any person, or on or in respect of any property on board any vessel, boat or raft whatever, employed in any voyage

or journey upon any navigable river, canal, or inland navigation, such felony or misdemeanor may be dealt with, inquired of, tried, determined, and punished in any district, county, or place, through any part whereof such coach, waggon, cart, carriage or raft passed in the course of the journey or voyage during which such felony or misdemeanor was committed, in the same manner as if it had been actually committed in such district, county or place.

And by section 10, in all cases where the side, centre, bank, or other part of any highway, or of any river, canal, or navigation, constitutes the boundary of any two districts, counties, or places, any felony or misdemeanor mentioned in the two last preceding sections may be dealt with, inquired of, tried, determined, and punished in either of such districts, counties, or places through or adjoining to or by the boundary of any part whereof such coach, waggon, cart, carriage, or vessel, boat, or raft, passed in the course of the journey or voyage during which such felony or misdemeanor was committed, in the same manner as if it had been actually committed in such district, county, or place.

Where any felony has been wholly committed within Canada, the offence of any person who is an accessory either before or after the fact to such felony, may be dealt with by any court which has jurisdiction to try the principal felony, or any felonies committed in any place in which the act, by reason whereof such person shall have become such accessory, has been committed; and in every other case the offence of any person who is an accessory, either before or after the fact, to any felony, may be dealt with by any court which has jurisdiction to try the principal felony, or any felonies committed in any place in which such person is apprehended or is in custody. 31 Vic., chap. 72, s. 8. The 32 & 33 Vic, chap. 17, s. 2, repealed so much of the above section as related to felonies not wholly committed in Canada, and to persons accessories to such felonies.

Under the 32 & 33 Vic., chap. 21, s. 121, persons having in their possession in any part of Canada, property stolen in another part, may be tried and dealt with where they have the property; and under s. 112, where a party has in his possession in Canada,

property stolen in any other country, he may be tried and dealt with where he has the property. See R. v. Hennessy, 35 Q.B. (Ont.), 603; see also ss. 66, 72, 105, and 106 of the 32 & 33 Vic., chap. 21.

It is to be observed, also, that under sections 24 and 46 of the 32 & 33 Vic. chap. 30, a Justice has power to hear the case and discharge, commit, or admit to bail in cases where the offence is not committed in his jurisdiction, but the accused is within such jurisdiction. There is no doubt that a statute may empower a Justice to act beyond the limits of his jurisdiction as assigned by his commission. Thus under section 6 of the 31 Vic., chap. 15, to prevent the unlawful training of persons to the use of arms, all Justices of the Peace for any district, county, or place in Canada, have concurrent jurisdiction as Justices of the Peace with the Justices of any other district, county, or place, in all cases as to carrying into execution the provisions of the Act as fully and effectually as if each of such Justices was in the Commission of the Peace for such other district, county, or place.

The Act 32 & 33 Vic., chap. 20, s. 9, provides where a person feloniously stricken, poisoned, or hurt, upon the sea, or any place out of Canada, dies in Canada, or being hurt in Canada dies upon the sea, or at any place out of Canada, the offence may be dealt with in the district, county, or place in Canada in which such death, stroke, poisoning, or hurt happens, in the same manner in all respects as if the offence had been wholly committed in that district, county, or place.

As to the venue in cases of coinage offences, see 32 & 33 Vic., chap. 18, s. 29.

In forgery, the offender, whether principal or accessory, may be tried in the county or place where he is apprehended or is in custody. 32 & 33 Vic., chap. 19, s. 48. In the cases, also, of bigamy and perjury, the offender may be tried and punished in the county or place where he is apprehended or is in custody. 32 & 33 Vic., chap. 20, s. 58; 32 & 33 Vic., chap. 23, s. 8; 33 Vic., chap. 26, s. 3. As to kidnapping, see 32 & 33 Vic. chap. 20, s. 71.

See section 4 of the 31 Vic., chap. 14, as to the venue under the Act to protect the inhabitants of Canada against lawless aggres

sions. See section 83 of the 31 Vic., chap. 10, as to the venue in the case of offences against the Act for the regulation of the postal service. See section 100 of the 40 Vic., chap. 10, as to customs offences.

It is to be observed that under the Interpretation Act, 31 Vic., chap. 1, s. 7, twenty-fifthly, if anything is directed to be done by or before a magistrate or a Justice of the Peace, or other public functionary or officer, it shall be done by or before one whose jurisdiction or powers extend to the place where such thing is to

be done.

As the words, "dealt with, inquired of, tried, determined, and punished," frequently occur in the statutes, it may be observed that the words, “ dealt with," apply to justices of the peace; “inquired of," to the Grand Jury; "tried," to the Petty Jury; and "determined and punished," to the Court. R. v. Ruck, 1 Russell, 757, note y.

In all cases the first official step to be taken by the Justice is to receive an information or complaint in writing and upon oath generally, from a credible person, that an offence has been committed within his jurisdiction, such information or complaint stating as near as may be, the name of the offender (if known), the nature of the offence, the person against whom, and the time when, and the place where the said offence was perpetrated.

Although the statutory form of information given by the 32 & 33 Vic., chap. 30, schedule A, does not contain a prayer for the issue of a summons or warrant, it is usual after the statement of the offence to add, " and the said informant prays that a warrant may issue to apprehend the said A. B., and to cause him to be brought before the said Justice, or such other Justice as may then be there; or that a summons may issue requiring the said A. B. to appear before the said Justice, or such other Justice as may then be there, that justice may be done in the premises.'

Upon receiving this information, the Justice should refer to the statute or by-law creating the offence, as to the mode of procedure; and if it is one over which he has summary jurisdiction, whether the complaint is made within the time prescribed by such statute or by-law; and if no time is limited, must be guided by

the 32 & 33 Vic., chap. 31, s. 26, which directs that the prosecution of offences shall be commenced within three months after the commission of the offence.

It is recommended that the Justice should on all occasions, when taking informations, carefully read over and explain them to the informants, so as to satisfy himself that they are perfectly understood; because it not unfrequently happens that ignorant persons undesignedly mis-state and confuse the facts, so as to mis-lead the Justice, and cause the information to be incorrectly prepared.

If it appear to the Justice, that the offence was committed within his jurisdiction, or that the person charged is within such jurisdiction, and that the application is made in due time, he should at once issue his summons or warrant to bring the accused before him, describing the offence in such summons or warrant, from the information or complaint sworn to. If a summons be issued, reasonable time should be given the defendant to appear; if a warrant be issued, it must be executed forthwith. A summons should be issued in all cases over which the law gives a Justice summary jurisdiction, in the first place, unless some good and sufficient reason should exist for issuing a warrant. In all cases of felony and in most indictable misdemeanors, a warrant, and not a summons, should be granted in the first instance. Warrants for felony, or breach of the peace, and search warrants, may be granted and executed on Sunday, or any other day or night. 32 & 33 Vic. chap. 30, s. 8.

We will now suppose the complainant and defendant to be in attendance with their witnesses on the day when, and at the place where, it was appointed to hold the Court. If the offence complained of be one over which the Justice or Justices has or have summary jurisdiction, the Court is an open one, to which the public have the right of access. 32 & 33 Vic., chap. 31, s. 29.

The Court having been opened by the constable announcing such opening, and calling for order, the names of the parties should then be called, and the information or complaint read to the accused by the Justice, and in cases of summary jurisdiction, the question asked, if he admit the truth of the complaint, or, if he have any cause to shew why he should not be convicted, or why