'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 stranded or in distress at any place in Canada; person.' (34) 'stores' includes all goods and chattels, and any single 'Stores.' store or article;

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

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

court of criminal jurisdiction.'

(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 fidéicommis; (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

requires otherwise. There is no doubt that the expression "every one" is, whether in a legal or popular sense, a wider term than the word "person," Union Colliery Co. v. The Queen, 4 Can. Cr. Cas. 400, 407. In the case of Pharmaceutical Society v. London and Provincial Supply Association, 5 App. Cas. 857, Lord Chancellor (Selborne), said: "There can be no question that the word "person" may, and I should be disposed myself to say primâ facie does, in a public statute include a person in law; that is, a corporation as well as a natural person "That if a statute provides that no person shall do a particular act except on a particular condition, it is prima facie, natural and reasonable (unless there be something in the context, or in the manifest object of the statute, or in the nature of the subject-matter, to exclude that construction) to understand the legislature as intending such persons, as, by the use of proper means, may be able to fulfil the condition; and not those who, though called "persons" in law, have no capacity to do so at any time, by any means, or under any circumstances, whatsoever."

A corporation is not subject to indictment upon a charge of any crime the essence of which is either personal criminal intent or such a degree of negligence as amounts to a wilful incurring of the risk of causing injury to others. R. v. Great West Laundry Co. (1900), 3 Can. Cr. Cas. 514 (Man.).

Justices.]-The Dominion Parliament has jurisdiction to confer upon justices of the peace appointed under provincial authority jurisdiction to summarily try criminal offences. Rex v. Wipper (1901), 5 Can. Cr. Cas. 17 (N.S.).

Other deadly or dangerous weapons.]-General words are to be given their common meaning unless there is something reasonably plain on the face of the instrument to be construed, to shew that they are not used with that meaning; the mere fact that general words follow specific words is not enough. Parker v. Marchant (1842), 1 Y. & C. 290.

Officials.]-The acts of a de facto officer, assuming to exercise the functions of an office to which he has no legal title, are, as regards all persons but the holder of the legal title, legal and binding. O'Neil v. AttorneyGeneral (1896), 1 Can. Cr. Cas. 303 (S.C. Can.).

The distinction between an officer de jure and an officer de facto is, that an officer de jure is one who has the lawful right or title without the possession of the office, while an officer de facto has the possession and performs the duties under the colour of right without being actually qualified in law so to act. 19 Am. & Eng. Encyc. of Law, 394.

The acts of a justice of the peace, duly commissioned, but who has not qualified by taking the prescribed oath, or who has not the property quali cation without which he is prohibited by statute from acting and is declared to be incapable of "being a justice," are sustained as valid if done in a judicial character, and sufficient effect is given to the statute by considering it as penal upon the party acting; and therefore persons seizing goods under a warrant of distress, signed by a justice who had not taken the oaths required, are not trespassers because of the defect. Margate Pier v. Hannam (1819), 3 B. & Ald. 266.

Prize fight.]—An exhibition of fighting with fists or hands to witness which an admission fee is charged to the public and at which it is announced that the stake money will go to the contestant who knocks out his opponent in a stipulated number of rounds is a "prize fight" within sec. 92 of the Criminal Code. Such an exhibition made for gain must be viewed as it appeared or was intended to appear to the public, and it is no defence that the participants had merely feigned to fight. Steele v. Maber, 6 Can. Cr. Cas. 446.