offices which gives the public an interest in the speedy vindication of their character, or to the case of a charge of a very grave or atrocious nature; leave was therefore refused to the manager of a large railway company to file a criminal information for libel, on the ground that he did not come within the description of persons referred to. Per Armour, J., "I think the practice of granting leave to file criminal informations in this country, having regard to the social conditions of its inhabitants and the liberties which they enjoy, is, to say the least of it, of very doubtful expediency, and should, in my opinion, be discontinued and, if necessary, abolished by legislative enactment. The very rule adopted in England, that it will only be granted to what I may call 'a superior person' is the strongest reason, to my mind, why in this country it should never be granted at all. Whatever may be deemed desirable in England, I do not think it desirable that in this country there should exist a remedy for the superior person which is denied to the inferior." R. v. Wilson (1878), 43 U.C.Q.B. 583. Per Cameron, J., "There is no real necessity, so far as I am aware, for any one seeking this remedy. Any person libelled has a right to lay an information before a magistrate charging any one who may have libelled him with the offence, and may then by his oath deny the truth of the slanderous charges or imputations." Ibid. Hagarty, Č.J., added that it was not to be understood that the court laid down any absolute rule as to future applications for criminal informations, or that they meant to fetter their discretion in dealing therewith. Ib. reporter's note. R. v. Wilson (1878), 43 U.C.Q.B. 583. Where the libel charges the person libelled with having, by a previous writing, provoked it, the latter by his affidavit on which he moves for a criminal information is bound to answer such charge, otherwise the affidavit will be held insufficient. R. v. Edward Whelan (1862), 1 P.E.I. Rep. 220, per Peters, J. In Trinity term, 1876, an application was made for a criminal information for libel in newspapers published on 23rd and 30th March and 25th May. The delay in not applying to the court during Easter Term, or until 30th August, was not satisfactorily accounted for, and the court refused the application, but, in view of the virulent language of the article, without costs. R. v. Kelly (1877), 28 U.C.C.P. 35. In answer to an application for a criminal information for libel the defendants filed an affidavit stating that they had no personal knowledge of the matter contained in the alleged libels, but received the information from persons whom they trusted to be reliable and trustworthy; that the Globe newspaper was controlled by the applicant, who was an active politician, and had published a number of articles violently attacking one S., who was a candidate for a public office, and the libels in question were published with a view of counteracting the effect of these articles, and believing them to be true, and without malice. This was held to be no ground for the court refusing to the applicant leave to file a criminal information for the reiterated publication in a newspaper of matter not pretended either to be not libellous, or to be true in fact. R. v. Thompson (1874), 24 U.C.C.P. 252. Quære whether a criminal information is the course to be adopted for wilful and corrupt misconduct of a judge holding an inferior court of record. R. v. Ford (1853), 3 U.C.C.P. 209, 218. Where there is foundation, for a libel, though it falls far short of justification, an information will not be granted. The Queen v. Biggs, 2 Man. R. 18. PART VII. OFFENCES AGAINST RIGHTS OF PROPERTY AND RIGHTS ARISING OUT OF CONTRACTS, AND OFFENCES CONNECTED WITH TRADE. Interpretation. 335. In this Part, unless the context otherwise requires,— Definitions. (a) 'act,' for the purposes of the sections relating to offences ‘Act.' connected with trade and breaches of contract, includes a default, breach or omission; (b) 'Admiralty' means the Lord High Admiral of the United 'Admiralty.' Kingdom, or the Commissioners for executing the office of Lord High Admiral; (c) 'break' means to break any part, internal or external, 'Break.' of a building, or to open by any means whatever (including lifting, in the case of things kept in their places by their own weight), any door, window, shutter, cellar-flap or other thing intended to cover openings to a building, or to give passage from one part of it to another; d) 'covering' includes any stopper, cask, bottle, vessel, 'Covering.' box, cover, capsule, case, frame or wrapper; and 'label' 'Label.' includes any band or ticket; (e) 'dwelling-house' means a permanent building, the whole 'Dwellingor any part of which is kept by the owner or occupier for house.' the residence therein of himself, his family or servants, or any of them, although it may at intervals be unoccupied; (f) 'document' means any paper, parchment or other 'Document.' material used for writing or printing, marked with matter capable of being read, but does not include trade marks on articles of commerce, or inscriptions on stone or metal or other like material; (g) 'every one,' 'vendor,' 'purchaser,' 'merchant,' 'agent' 'Every one,' or 'person,' for the purposes of the sections relating to etc. trading stamps, includes any partnership, or company, or body corporate; 'Exchequer bill.' 'Exchequer bill paper.' 'False document.' 'False name or initials.' 'False trade description.' (h) 'exchequer bill' includes exchequer bonds, notes, debentures and other securities issued under the authority of the Parliament of Canada, or under the authority of the legislature of any province forming part of Canada, whether before or after such province so became a part of Canada; (i) 'exchequer bill paper' means any paper provided by the proper authority for the purpose of being used as exchequer bills, exchequer bonds, notes, debentures or other securities issued under the authority of the Parliament of Canada, or under the authority of the legislature of any province forming part of Canada, whether before or after such province became a part of Canada; (j) 'false document' means, (i) a document, the whole or some material part of which purports to be made by or on behalf of any person who did not make or authorize the making thereof, or which, though made by, or by the authority of, the person who purports to make it, is falsely dated as to time or place of making, where either is material, or (ii) a document, the whole or some material part of which purports to be made by or on behalf of some person who did not in fact exist, or, (iii) a document which is made in the name of an existing person, either by that person or by his authority, with the fraudulent intention that the document should pass as being made by some person, real or fictitious, other than the person who makes or authorizes it; (k) ‘false name or initials' means, as applied to any goods, (i) are not a trade mark, or part of a trade mark, (1) 'false trade description' means a trade description or otherwise, where that alteration makes the description false in a material respect; and the fact that a trade description is a trade mark, or part of a trade mark, shall not prevent such trade description being a false trade description within the meaning of this Part; (m) 'goods,' for the purposes of the sections relating to 'Goods.' forgery of trade marks and fraudulent marking of merchandise, means anything which is merchandise or the subject of trade or manufacture; (n) 'name' includes any abbreviation of a name; 'Name.' (o) 'person,' 'manufacturer,' 'dealer' or 'trader' and 'Person,' etc. 'proprietor,' for the purposes of the sections relating to forgery of trade marks and fraudulent marking of merchandise, include any body of persons, corporate or not corporate; (p) 'revenue paper' means any paper provided by the 'Revenue proper authority for the purpose of being used for stamps, paper.' licenses or permits, or for any other purpose connected with the public revenue; (q) 'seaman' means every person, not being a commis- 'Seaman.' sioned, warrant or subordinate officer, who is in or belongs to His Majesty's navy, and is borne on the books of any one of His Majesty's ships in commission, and every person, not being an officer as aforesaid, who, being borne on the books of any hired vessels in His Majesty's service, is by virtue of any Act of Parliament of the United Kingdom for the time being in force for the discipline of the navy, subject to the provisions of such Act; (r) 'seaman's property' means any clothes, slops, medals, ‘Seaman's necessaries or articles usually deemed to be necessaries for property.' sailors on board ship, which belong to any seaman; (s) 'trade mark' means a trade mark or industrial design 'Trade registered in accordance with the Trade Mark and Design mark.' Act, and the registration whereof is in force under the provisions of the said Act, and includes any trade mark which, either with or without registration, is protected by law in any British possession or foreign state to which the provisions of section one hundred and three of the Act of the United Kingdom, known as The Patents, Designs and Trade Marks Act, 1883, are, in accordance with the provisions of the said Act, for the time being applicable; (t) 'trade description' means any description, statement or Trade deother indication, direct or indirect, scription.' 'Trading stamps.' 'Watch.' An offer not a trading stamp. Words or marks on watch cases. (i) as to the number, quantity, measure, gauge or weight of any goods, (ii) as to the place or country in which any goods are made or produced, (iii) as to the mode of manufacturing or producing any goods, (iv) as to the material of which any goods are composed, (v) as to any goods being the subject of an existing patent, privilege or copyright; (u) 'trading stamps' includes, besides trading stamps commonly so-called, any form of cash receipt, receipt, coupon, premium ticket or other device, designed or intended to be given to the purchaser of goods by the vendor thereof or his employee or agent, and to represent a discount on the price of such goods or a premium to the purchaser thereof, which is redeemable either (i) by any person other than the vendor, or the person from whom he purchased the goods, or the manufacturer of the goods, or, (ii) by the vendor, or the person from whom he purchased the goods, or the manufacturer of the goods, in cash or goods not his property, or not his exclusive property, or, (iii) by the vendor elsewhere than in the premises where such goods are purchased; or which does not show upon its face the place of its delivery and the merchantable value thereof, or is not redeemable at any time; (v) 'watch,' for the purposes of the next succeeding section, means all that portion of a watch which is not the watch case. 2. An offer, printed or marked by the manufacturer upon any wrapper, box or receptacle, in which goods are sold, of a premium or reward for the return of such wrapper, box or receptacle, is not a trading stamp within the meaning of this Part. 55-56 V., c. 29, ss. 383, 392, 407, 419, 420, 421, 433, 443, 444 and 519; 4-5 E. VII., c. 9, s. 1. 336. Where a watch case has thereon any words or marks which constitute, or are by common repute considered as constituting, a description of the country in which the watch was made, and the watch bears no such description, those words or marks shall prima facie be deemed to be a description of that country within the meaning of this Part, and the provisions of |