(19) 'loaded arms' includes any gun, pistol or other arm 'Loaded loaded with gunpowder, or other explosive substance, and arms.' ball, shot, slug or other destructive material, or charged with compressed air and ball, shot, slug or other destructive material;

(20) 'military law' includes the Militia Act and any orders, Military rules and regulations made thereunder, the King's Regu- law.' lations and Orders for the Army; any Act of the United Kingdom or other law applying to His Majesty's troops in Canada, and all other orders, rules and regulations of whatsoever nature or kind to which His Majesty's troops in Canada are subject;

(21) municipality' includes the corporation of any city, Munici town, village, county, township, parish or other territorial pality.' or local division of any province of Canada, the inhabitants whereof are incorporated or have the right of holding property for any purpose;

(22) 'newspaper,' in the sections of the Act relating to 'Newsdefamatory libel, means any paper, magazine or periodical paper.' containing public news, intelligence or occurrences, or any remarks or observations thereon, printed for sale and published periodically or in parts or numbers, at intervals not exceeding thirty-one days between the publication of any two such papers, parts or numbers, and also any paper, magazine or periodical printed in order to be dispersed and made public, weekly or oftener, or at. intervals not exceeding thirty-one days, and containing only or principally advertisements;

'Day.'

'Day-time.'

(23) 'night' or 'night time' means the interval between Night.' nine o'clock in the afternoon and six o'clock in the fore- 'Nighttime.' noon of the following day, and 'day' or 'day time' includes the interval between six o'clock in the forenoon and nine o'clock in the afternoon of the same day; (24) 'offensive weapon' or 'weapon' includes any gun or 'Offensive other firearm, or air-gun, or any part thereof, or any weapon.' sword, sword-blade, bayonet, pike, pike-head, spear, spear- 'Weapon.'

head, dirk, dagger, knife, or other instrument intended for cutting or stabbing, or any metal knuckles, or other deadly or dangerous weapon, and any instrument or thing intended to be used as a weapon, and all ammunition which may be used with or for any weapon;

(25) Part' means a Part of this Act;

'Peace

officer.'

'Public department.'

'Public stores.'

'Public officer.'

'Prison.'

'Prize fight.'

'Property.'

(26) 'peace officer' includes a mayor, warden, reeve, sheriff,
deputy sheriff, sheriff's officer, and justice of the peace,
and also the warden, keeper or guard of a penitentiary and
the gaoler or keeper of any prison, and any police officer,
police constable, bailiff, constable or other person employed
for the preservation and maintenance of the public peace,
or for the service or execution of civil process;
(27) 'public department' includes the Admiralty and War
Department, and also any public department or office of
the Government of Canada, or of the public or civil ser-
vice thereof, or any branch of such department or office;
(28) 'public stores' includes all stores under the care,
superintendence or control of any public department as
herein defined, or of any person in the service of such
department;

(29) 'public officer' includes any inland revenue or customs
officer, officer of the army, navy, marine, militia, Royal
Northwest mounted police, or other officer engaged in
enforcing the laws relating to the revenue, customs, trade
or navigation of Canada;

(30) 'prison' includes any penitentiary, common gaol,
public or reformatory prison, lock-up, guard room or other
place in which persons charged with the commission of
offences are usually kept or detained in custody;
(31) 'prize fight' means an encounter or fight with fists
or hands, between two persons who have met for such
purpose by previous arrangement made by or for them;
(32) 'property' includes

(a) every kind of real and personal property, and all
deeds and instruments relating to or evidencing the title
or right to any property, or giving a right to recover or
receive any money or goods,

(b) not only such property as was originally in the pos-
session or under the control of any person, but also any
property into or for which the same has been converted
or exchanged and anything acquired by such conversion
or exchange, whether immediately or otherwise,
(c) any postal card, postage stamp or other stamp issued or
prepared for issue by the authority of the Parliament of
Canada, or of the legislature of any province of Canada,
for the payment to the Crown or any corporate body of
any fee, rate or duty, and whether still in the possession
of the Crown or of any person or corporation;

(33) 'shipwrecked person' includes any person belonging 'Shipto, on board of, or having quitted any vessel wrecked, wrecked person.' stranded or in distress at any place in Canada;

(34) 'stores' includes all goods and chattels, and any single 'Stores.' store or article;

(35) 'superior court of criminal jurisdiction' means and 'Superior includes,

court of criminal

(a) in the province of Ontario, the High Court of Justice jurisdicfor Ontario,

(b) in the province of Quebec, the Court of King's Bench, (c) in the provinces of Nova Scotia, New Brunswick, and British Columbia, the Supreme Court,

(d) in the province of Prince Edward Island, the
Supreme Court of Judicature,

(e) in the province of Manitoba, the Court of Appeal or
the Court of King's Bench (Crown side),
(f) in the provinces of Saskatchewan and Alberta, the
Supreme Court of the Northwest Territories, until the
same is abolished, and thereafter such court as is by the
legislatures of said provinces respectively substituted
therefor,

(g) in the Yukon Territory, the Territorial Court;

tion.'

(36) 'territorial division' includes any county, union of "Territorial counties, township, city, town, parish or other judicial division.' division or place to which the context applies;

ment.'

(37) 'testamentary instrument' includes any will, codicil, Testamenor other testamentary writing or appointment, as well tary instruduring the life of the testator whose testamentary disposition it purports to be as after his death, whether the same relates to real or personal property, or both; (38) 'trade combination' means any combination between 'Trade commasters or workmen or other persons for regulating or altering the relations between any persons being masters or workmen, or the conduct of any master or workman in or in respect of his business or employment, or contract of employment or service;

bination.'

(39) 'trustee' means a trustee on some express trust created 'Trustee.' by some deed, will or instrument in writing, or by parole, or otherwise, and includes the heir or personal representative of any such trustee, and every other person upon or to whom the duty of such trust has devolved or come, whether by appointment of a court or otherwise, and also

'Trust.'

'Valuable security.'

'Wreck,'

'Writing.'

'Part III.'

'A commissioner.'

an executor or administrator, and an official manager, assignee, liquidator or other like officer acting under any Act relating to joint stock companies, bankruptcy or insolvency, and any person who is, by the law of the province of Quebec, an administrateur or fideicommissaire; and 'trust' includes whatever is by that law an administration or fideicommis; (40) 'valuable security' includes any order, exchequer acquittance or other security entitling or evidencing the title of any person to any share or interest in any public stock or fund, whether of Canada or of any province thereof, or of the United Kingdom, or of Great Britain or Ireland, or of any British colony or possession, or of any foreign state, or in any fund of any body corporate, company or society, whether within Canada or the United Kingdom, or any British colony or possession, or in any foreign state or country, or to any deposit in any savings bank or other bank, and also includes any debenture, deed, bond, bill, note, warrant, order or other security for money or for payment of money, whether of Canada or of any province thereof, or of the United Kingdom, or of any British colony or possession, or of any foreign state, and any document of title to lands or goods wheresoever such lands or goods are situate, and any stamp or writing which secures or evidences title to or interest in any chattel personal, or any release, receipt, discharge or other instrument, evidencing payment of money, or the delivery of any chattel personal;

(41) 'wreck' includes the cargo, stores and tackle of any vessel and all parts of a vessel separated therefrom, and also the property of shipwrecked persons:

(42) 'writing' includes any mode in which, and any material on which, words or figures, whether at length or abridged, are written, printed or otherwise expressed, or any map or plan is inscribed.

(43) in Part XII. and in Parts XXII., XXIII. and XXIV. of this Act 'Part III.' means such section or sections of the said Part as are in force by virtue of any proclamation in the place or places with reference to which the Part is to be construed and applied; and 'a commissioner' means a commissioner under Part III. R.S.. c. 151, s. 1; 55-56 V., c. 29, ss. 3, 92. 383, 420, 460, 519

and 839; 63-64 V., c. 46, s. 3; 1 E. VII., c. 41, s. 11; 6 E. VII., c. 4, s. 4; 6 & 7 E. VII., c. 8; 6 & 7 E. VII., c. 9, s. 1.

Interpretation of criminal statutes.]-Penal statutes must be construed strictly, and where an enactment imposes a penalty for a criminal offence, a person against whom it is sought to enforce the penalty is entitled to the benefit of any doubt which may arise in the construction of the enactment. London County Council v. Aylesbury Dairy Co., [1898] 1 Q.B. 106, 109, Wright, J. R. v. Wirth, 1 Can. Cr. Čas. 231. The rule was thus expressed in Rumball v. Schmidt (1882), 2 Q.B.D. 608, "Where there is an enactment which may entail penal consequences you ought not to do violence to the language in order to bring people within it, but ought rather to take care that no one is brought within it who is not brought within it by express language."

Words are to be construed with reference to their context. Their meaning is to be ascertained by reference to the whole Act including, if necessary, the preamble. Colquhoun v. Brooks (1889), 14 App. Cas. 493. But a section having effect as a substantive enactment is to be first considered, and it is only in a second or last resort that the rest of the statute, or the preamble, or the scheme of governing intention is to be regarded. Spencer v. Metropolitan Board of Works (1882), 22 Ch.D. 142, 162, Jessel, M.R.

Provincial enforcement.]-By the Act of Confederation, the administration of justice in each of the provinces is entrusted to the Provincial Government, and it is therefore the provincial law officers of the Crown whose duty it is to conduct or to supervise, as the case may be, all criminal prosecutions. R. v. St. Louis (1897), 1 Can. Cr. Cas. 141, 145 (Que.); AttorneyGeneral v. Niagara Falls Bridge Co., 20 Grant (Ont.) 34.

Bank-note.]-This definition is taken from sec. 420 of the Code of 1892 where is appeared under the Forgery clauses. A forged paper purporting on the face of it to be a bank note is within the definition, although there be no such bank as named. R. v. McDonald, 12 U.C.Q.B. 543. Even if the illegality of the note would be a defence the onus of proving illegality is upon the prisoner. R. v. Brown, 3 Allen (N.B.) 13.

Constitution of court in Nova Scotia.]-By sub-sec. (e) the Court of Appeal for criminal cases in the Province of Nova Scotia is the Supreme Court of Nova Scotia in banc.

The constitution of provincial courts is under the jurisdiction of the provinces, and by the Nova Scotia Judicature Act, R.S.N.S. 1900, ch. 55, sec. 5 the Supreme Court of that province shall consist of seven judges. Three judges may hear civil appeals under the Judicature rules but by Order 66, rule 1, it is expressly provided that these rules shall not affect criminal procedure. Semble, also that the court is sufficiently constituted in bane for the purposes of a court of criminal appeal with three judges. R. v. Ritter, 8 Can. Cr. Cas. 31.

"Count."]-Section 951 of the Code applies to summary trials as well as to trials upon an indictment; and the word "count" as used in secs. 2 and 951, includes an information before a justice for an indictable offence. The King v. Frank Coolen, 8 Can. Cr. Cas. 157.

District or county.]-Where the summary convictions procedure applies, reference should be had to the further definition laid down in sec. 705.

"Everyone," "person."]-"Everyone" is an expression of the same kind as "person," and therefore includes bodies corporate unless the context