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the time in force, for purposes dangerous to the public peace, is guilty of an indictable offence. R.S., c. 151, s. 7.

when Part

149. Whenever this Part ceases to be in force within the Return of place where any weapon has been delivered and detained in weapons pursuance thereof, or whenever the owner or person lawfully ceases to be entitled to any such weapon satisfies the commissioner that he in force. is about to remove immediately from the limits within which this Part is at the time in force, the commissioner may deliver up to the owner or person authorized to receive the same, any such weapon, on production of the receipt given for it. R.S., c. 151, s. 11.

Intoxicating Liquor.

hibited.

150. (As amended, 1907.) Upon and after the day named in Sale of such proclamation and during such period as such proclamation liquor proremains in force, no person shall, at any place within the limits specified in the proclamation, sell, barter or, directly or indirectly, for any matter, thing, profit or reward, exchange, supply or dispose of, or shall give to any other person any intoxicating liquor; or shall expose, keep or have in his possession any intoxicating liquor intended to be dealt with in any such way.

2. The provisions of this section shall not extend to any As to retail person selling intoxicating liquor by wholesale, and not retail- only. ing it, if the said person is a licensed distiller or brewer; nor shall they apply where liquor is supplied for bonâ fide medicinal purposes upon the prescription of a duly qualified medical practitioner. R.S., c. 151, s. 13; 55-56 V., c. 29, s. 118; 6 & 7 E., c. 9, s. 2.

Intoxicating liquor.]-See statutory definition in sec. 2(17).

tion.

151. (As amended, 1907.) Every one who, by himself, his Penalty for clerk, servant, agent or other person, violates any of the pro- contravenvisions of the last preceding section, is guilty of an offence against this Part and liable on summary conviction to a penalty of fifty dollars and costs, and, in default of payment, to imprisonment for a term not exceeding three months; and upon any subsequent conviction to a penalty of one hundred dollars and costs or to imprisonment for a term not exceeding six months, or to both, and, in default of payment of such penalty, to imprisonment, or to further imprisonment for a term not exceeding three months; and imprisonment in each case shall be either with

Agent liable to same penalties as principal.

Consideration given

for purchase may be

recovered.

Transfer for

or without hard labour. R.S., c. 151, s. 14; 55-56 V., c. 29, s. 118; 6 & 7 E., c. 9, s. 3.

152. Every clerk, servant, agent or other person who, being in the employment of, or on the premises of another person, violates or assists in violating any of the said provisions for the person in whose employment or on whose premises he is, shall be equally guilty with such person, and shall be liable to the punishment mentioned in the last preceding section. R.S., c. 151, s. 15; 55-56 V., c. 29, s. 118.

153. Any payment or compensation, whether in money or securities for money, labour or property of any kind, for intoxicating liquor sold, bartered, exchanged, supplied or disposed of, contrary to the provisions aforesaid, shall be held to have been criminally received without consideration, and against law, equity and good conscience, and the amount or value thereof may be recovered from the receiver by the person making, paying or furnishing such payment or compensation. R.S., c. 151, s. 18.

154. All sales, transfers, conveyances, liens and securities liquor void. of every kind, which either in whole or in part have been made or given for or on account of intoxicating liquor sold, bartered, exchanged, supplied or disposed of contrary to such provisions, shall be void against all persons, and no right shall be acquired thereby.

No action on account of

sale of liquor.

2. No action of any kind shall be maintained, either in whole or in part, for or on account of intoxicating liquor sold, bartered, exchanged, supplied or disposed of, contrary to the said provisions. R.S., c. 151, s. 18.

PART IV.

OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE.

Interpretation.

155. In this Part, unless the context otherwise requires, Definitions. (a) 'the government' includes the government of Canada, "The gov and the government of any province of Canada, as well ernment.' as His Majesty in the right of Canada or of any province thereof, and the Commissioners of the Transcontinental Railway;

ment.'

(b) 'official or person in the employment of the government' Official or and 'official or employee of the government,' extend to employee of and include the Commissioners of the Transcontinental the governRailway and the persons holding office as such commissioners, and the engineers, officials, officers, employees and servants of the said commissioners; (c) 'office' includes every office in the gift of the Crown or of any officer appointed by the Crown, and all commissions, civil, naval and military, and all places or employments in any public department or office whatever, and all deputations to any such office and every participation in the profits of any office or deputation. 55-56 V., c. 29, ss. 133 and 137; 6 E. VII., c. 7, s. 1.

Corruption and Disobedience.

'Office.'

156. Every one is guilty of an indictable offence and liable Penalty. to fourteen years' imprisonment who,

(a) holding any judicial office, or being a member of Parlia- Judicial, etc., ment or of a legislature, corruptly accepts or obtains, or officer agrees to accept, or attempts to obtain for himself or any accepting or obtaining other person, any money or valuable consideration, office, office for complace, or employment on account of anything already done sideration. or omitted, or to be afterwards done or omitted, by him in his judicial capacity, or in his capacity as such member; or,

Giving or offering bribe.

Penalty.

Officer taking bribe.

Offering bribe to officer.

(b) corruptly gives or offers to any such person or to any other person, any such bribe as aforesaid on account of any such act or omission. 55-56 V., c. 29, s. 131.

No one holding any judicial office shall be prosecuted for the offence of judicial corruption, as defined in this section, without the leave of the Attorney-General of Canada. Section 593.

157. Every one is guilty of an indictable offence and liable to fourteen years' imprisonment who,

(a) being a justice, peace officer, or public officer, employed in any capacity for the prosecution or detection or punishment of offenders, corruptly accepts or obtains, or agrees to accept or attempts to obtain for himself, or for any other person, any money or valuable consideration, office, place or employment, with the intent to interfere corruptly with the due administration of justice, or to procure or facilitate the commission of any crime, or to protect from detection or punishment any person having committed or intending to commit any crime; or,

(b) corruptly gives or offers to any officer aforesaid any such bribe as aforesaid with any such intent. 55-56 V., c. 29, s. 132.

Peace officer or public officer.]-See definitions in sec. 2, sub-secs. (26) and (29).

Extortion by public officers, justices, etc.]-In R. v. Tisdale (1860), 20 U.C.Q.B. 272, two justices of the peace were tried before McLean, J., and a jury and found guilty upon an indictment for extortion in exacting from a person charged on a preliminary enquiry before them with a felony 25 shillings as fees due to them as justices and for fees for his arrest. The magistrates had held that the charge was not sustained by the evidence, but had collected the costs above mentioned from the accused as a condition of his discharge.

Robinson, C.J., in delivering the judgment of the court, said: “They cannot set up as a defence such extraordinary ignorance of the law as it would be necessary to believe they laboured under, before it could be credited that they had fallen into a mistake as to their right to charge the defendant with costs in such a case and under such circumstances."

Extortion is the taking of money or any valuable thing by any public officer by colour of his office and otherwise than in good faith on a mistake as to the law, where none or less is due or before it is due. 5 Encyc. Laws of England (1898), p. 262; Stephen's Dig. Cr. Law, 5th ed., p. 88.

The offence is not constituted by demand only without actual receipt of the illegal fee. Ibid; Parsons v. Crabb, 31 U.C.C.P. 151.

The statute of 1275, 3 Edw. I., ch. 26, which deals with both civil and criminal process therefor is declaratory of the common law in enacting the offence of extortion by the King's officers to be indictable; the offence is a common law misdemeanour punishable, on indictment or information, by fine and imprisonment and removal from office. Ibid. The repeal of

that statute as regards Ontario by Ont. Stat. 1902, 2 Edw. VII., ch. 1, is in terms as well as constitutionally limited to such portions of same as are within the provincial legislative authority. Stat. Law Revision Act (Ont.), 1902, ch. 1, sec. 2.

Justices of the peace and their clerks, and clerks of the peace are liable to indictment for extortion. Anon. (1700), 12 Modern R. 512.

The indictment should specify a sum certain as having been extorted: R. v. Burdett, 1 Ld. Raym. 149; R. v. Gilham (1795), 6 T.R. 265; and when the extortion is of an excess above the legal fee, the sum legally payable should be specified in the indictment. Lake's Case, 3 Leon. 268.

It was formerly considered necessary that the indictment should contain the words "extorsively and in colour of office." R. v. Baynes, 2 Salk. 680; R. v. Cumberland Justices, 11 Mod. R. 80.

Form of indictment.]-That W., late of, etc., on the at the town of

in the county of

day of

then being one of the

of the said county, by colour of his said office unlawfully, unjustly and extorsively did exact, extort, receive and have, of and from one Y., the sum of of lawful money of Canada as and for a pretended fee of him the said W. for, etc., whereas in truth and in fact no fee whatever was then due to the said W. in that behalf, to the great damage of the said Y. and against the peace of our Lord the King, his Crown and dignity.

Oppression by public officers.]-At common law every public officer commits a misdemeanour who, in the exercise, or under colour of exerciscising the duties of his office, does any illegal act, or abuses any discretionary power with which he is invested by law from an improper motive, the existence of which motive may be inferred either from the nature of the act, or from the circumstances of the case. But an illegal exercise of authority, caused by a mistake as to the law, made in good faith, is not a misdemeanour within this rule. Burbidge's Digest of Crim. Law (1890), article 148.

If the illegal act consists in inflicting upon any person any bodily harm, imprisonment, or other injury, not being extortion, the offence is called "oppression."

So if A. and B., justices of the peace with licensing powers refuse licenses to the keepers of public houses, because they refuse to vote as the justices wish, A. and B. commit oppression.

And if A., a justice, acting as such, orders B. to be whipped, without any such proof or information as the law requires, A. commits oppression. Evidence of corrupt motive must be adduced in order to obtain leave to exhibit a criminal information against a justice of the peace for malfeasance of office. The King v. Currie, 11 Can. Cr. Cas. 343.

British Columbia Crown Rules.]-The British Columbia Crown Rules 9-11 are as follows:

(9) With the exception of ex-officio informations filed by the Attorney* General on behalf of the Crown, no criminal information or information in the nature of a quo warranto shall be exhibited or received in the Supreme Court without an express order of a judge of the Supreme Court, nor shall any process be issued upon any information until the person procuring such information to be exhibited, shall have filed in the registry of the Supreme Court a recognizance in the penalty of $100, effectually to prosecute such information, and to abide by and observe such orders as the court shall direct; such recognizance to be entered into before some justice of the peace or registrar of the Supreme Court.

7-CRIM. CODE.

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