a conviction or order within the scope of sec. 1124; R. v. Laird, 1 Terr. L.R. 179. Sec. 1124 relates to convictions or orders which evidence the commission of an offence" and impose a "punishment" therefor.

The amount of the costs and charges of conveying the accused to gaol in default of payment of the fine (Code sec. 739), need not be fixed in the summary conviction; R. v. Code, 13 Can. Cr. Cas. 372, 1 Sask. L.R. 295.

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"

Item 6 of the constable's fees was amended in 1917 so as to omit all reference to disbursements' as an addition to the mileage. See, under the former item 6, the case of Re Hoskins, 21 Can. Cr. Cas. 435, 13 E.L.R. 143.

Application of tariffs]—The tariffs of costs here are primarily for proceedings under Part XV; but the amendment made to the Constables tariff in 1917 makes it include certain costs and charges, applicable only to preliminary enquiries and summary trials under Part XVI. Costs ordered to be paid by the defendant on a summary conviction are to be reasonable and "not inconsistent with the fees established by law to be taken on proceedings had by and before justices." Code sec. 735. Tariffs, for similar services in regard to provincial offences and for services payable out of public funds of the province in the administration of the criminal law may be found in the statutes of the provinces. Ontario provincial laws]—By the Ontario Summary Convictions Act, R.S.O. 1914, ch. 90, sec. 4, the tariff provided in Part XV of the Crim. Code is made applicable to summary convictions under Ontario laws and fees of constables in such matters are governed by the Code tariff and not by the tariff in schedule A to the Administration of Justice Expenses Act, R.S.O. 1914, ch. 96.

Quebec provincial laws]—In Zimmerman v. Burwash, 29 Que. S.C. 250, a conviction under a provincial game law was held invalid because the costs were in excess of the authorized tariff. The proceeding was, however, by action to declare void the summary conviction, a procedure permitted in Quebec under article 50 C.P. Que., notwithstanding that an appeal against the conviction might have been taken to another tribunal. See also Ex parte Msadaquis, 16 Que. P.R. 26 (in which a commitment was held indivisible as to excess costs), and Ex parte Martin, 22 L.C.J. 88.

PART XVI.

SUMMARY TRIAL OF INDICTABLE OFFENCES.

Definitions.

Interpretation.

771. In this Part, unless the context otherwise requires,(a) 'magistrate' means and includes,

(i) in the provinces of Ontario, Quebec, and Manitoba, any recorder, judge of a county court if a justice of the peace, commissioner of police, judge of the sessions of the peace, and police magistrate. district magistrate, or other functionary or tribunal, invested by the proper legislative authority with power to do alone such acts as are usually required to be done by two or more justices, and acting within the local limits of his or of its jurisdiction,

(ii) in the provinces of Nova Scotia and New Brunswick, any recorder, judge of a county court, stipendiary magistrate or police magistrate, acting within the local limits of his jurisdiction, and any commissioner of police and any functionary, tribunal or person invested by the proper legislative authority with power to do alone such acts as are usually required to be done by two or more justices of the peace,

(iii) in the provinces of British Columbia and Prince. Edward Island, any two justices sitting together, and any functionary or tribunal having the powers of two justices,

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(iv) in the provinces of Saskatchewan and Alberta, a judge of any district court, or any two justices, or any police magistrate, or other functionary or tribunal having the powers of two justices and acting within the local limits of his or its jurisdiction;

(v) in the Northwest Territories, any stipendiary magistrate, any two justices sitting together and any functionary or tribunal having the powers of two justices,

(vi) in the Yukon Territory, any judge of the Territorial Court, any two justices sitting together

and any functionary or tribunal having the powers of two justices,

(vii) in all the provinces, where the defendant is charged with any of the offences mentioned in paragraphs (a) and (f) of sec. 773, any two justices sitting together;

(b) the common gaol or other place of confinement,' in the case of any offender whose age at the time of his conviction does not, in the opinion of the magistrate, exceed sixteen years, includes any reformatory prison provided for the reception of juvenile offenders in the province in which the conviction referred to takes place, and to which by the law of that province the offender may be sent; and,

(c) property' includes everything within the meaning of 'valuable security,' as defined by this Act.

2. In any case where the value of any valuable security is necessary to be determined it shall be reckoned in the manner prescribed by sec. 4.

Origin]-6-7 Edw. VII, Can., ch. 45, sec. 6; 58-59 Vict., Can., ch. 40, sec. 1; Code of 1892, sec. 782; R.S.C. 1886, ch. 176, sec. 2; 32-33 Vict., Can. (1869), ch. 32.

Summary trial]—The procedure under Part XVI is commonly given the technical designation of summary trial" (procès summaire) while that under Part XV is a summary proceeding, or more accurately, a summary conviction proceeding.

Within the local limits of his jurisdiction]-Even where not expressed it is to be implied that courts of summary jurisdiction are to act only in the locality for which they are constituted. Re Peerless, 1 Q.B. 143; Johnson v. Colam, L.R. 10 Q.B. 544, 44 L.J.M.C. 185.

The jurisdiction of the first magistrate having possession of the case may be made exclusive by the provincial law governing the appointment of magistrates. R. v. Bloom (1913) 5 W.W.R. 897, 7 Alta. L.R. 1; Alta. 1907, ch. 5, sec. 7.

Police magistrates in Ontario]-Police magistrates in Ontario are appointed by the Lieutenant-Governor in Council, and hold office during pleasure. Every city must have one, and so must towns having a population of 5,000 or over. Special provision is made for the city of Toronto, which may have three police magistrates. R.S.O. 1914, ch. 88. A second police magistrate may be appointed for any other city, on a resolution passed on a two-thirds' vote of its municipal council, and the duties of the office may be divided by order-in-council. R.S.O. 1914, ch, 88, sec. 5. The salary is payable by the municipality and is subject to a statutory minimum. The Lieutenant-Governor in Council may appoint a police magistrate without salary for any incorporated town which has no salaried magistrate. In cities of not less than 40,000, a deputy police magistrate may be appointed by the like authority authorized to perform the duties of the office in case of the death, illness, or absence of the police magistrate. R.S.O. 1914, ch. 88, sec. 9. The Lieutenant-Governor in Council may also appoint a police magistrate for a county or district, but his jurisdiction shall not extend to any city, town or village for which there is a police magistrate, "nor to any case in which the initiatory proceedings were taken by or before such last mentioned police magistrate." R.S.O. 1914, ch. 88, sec. 15. Every police magistrate is ex officio a justice of the peace for the whole county or district in which the city or town for which he is police magistrate is situate. Ibid., sec. 24. Where one justice of the peace has jurisdiction, as in summary conviction matters, where the enabling statute does not require two justices or a police magistrate with the powers of two justices, and the case is pending before a police magistrate, a single justice of the peace may act in his place in case of his absence or illness, or at his request; and in other cases two or more justices may in in such event act in the place of the police, magistrate.

R.S.O. 1914, ch. 88, secs. 26 and 27. And in case of the illness or "absence from the county or district" of a police magistrate, any other police magistrate whether appointed for the county or district or for a city, town, village or other place therein, shall have all the powers and may perform all the duties of the police magistrate during such illness or absence from the county, R.S.O. 1914, ch. 88, sec. 34.

North-West Territories]-Separate provisions for summary trial of