exceeding four dollars and not less than two dollars for every such weapon found in his possession or under his care or control. Origin]-Code of 1892, 55-56 Viet. Can., ch. 29, sec. 117; R.S.C. 1886, ch. 151, sec. 5. Arrest of persons carrying weapons]-See secs. 609-612. Receiving or concealing arms with intent. 147. Every one who, for the purpose of defeating the enforcement of this Part, receives or conceals, or aids in receiving or concealing, or procures to be received or concealed, within any place in which this Part is in force, any weapon belonging to or in the custody of any person employed on or about any public work, is liable, on summary conviction, to a penalty not exceeding one hundred dollars and not less than forty dollars; and a moiety of such penalty shall belong to the informer and the other moiety to His Majesty, for the public uses of Canada. Origin]-Code of 1892, sec. 117; R.S.C. 1886, ch. 151, sec. 6. Defects of form]-See Code sec. 1132. Employees carrying weapons. 148. Every person employed on any public work found carrying any weapon, within any place in which this Part is at the time in force, for purposes dangerous to the public peace, is guilty of an indictable offence. Origin] R.S.C. 1886, ch. 151, sec. 7. Punishment where not otherwise provided for indictable offence]--See sec. 1052. Special powers and duties of certain officials in proclaimed district]— See secs. 609-612. Return of weapons when Part ceases to be in force. 149. Whenever this Part ceases to be in force within the place where any weapon has been delivered and detained in pursuance thereof, or whenever the owner or person lawfully entitled to any such weapon satisfies the commissioner that he 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. Origin] R.S.C. 1886, ch. 151, sec. 11. The commissioner "]-This reference is to a commissioner appointed for the purposes of Part III. See secs. 142 (b) and 144. Intoxicating Liquor. Sale of liquor prohibited in proclaimed districts.-Exceptions. 150. Upon and after the day named in such proclamation, and during such period as the proclamation remains 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 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 person selling intoxicating liquor by wholesale, and not retailing it, if the said person is a licensed distiller or brewer, nor shall they apply where liquor is supplied for bona fide medicinal purposes upon the prescription of a duly qualified medical practitioner. Origin]-Can. Stat. 1907, ch. 9, sec. 2; Code of 1892, sec. 118; R.S.C. 1886, ch. 151, sec. 13. “Intoxicating liquor"]-See definition in sec. 2, sub-sec. 17, as amended by 6-7 Edw. VII, ch. 9. Defects of form or substance]-By Code sec. 1132, no action or other proceeding, warrant, judgment, order or other instrument or writing authorized by any provisions of Part XII, relating to Part III, or necessary to carry out its provisions, shall be held void or be allowed to fail for defect of form." 66 See sec. 724 as to variances and defects in substance or in form. An information was laid against L. for "keeping for sale" intoxicating liquor contrary to the provisions of s. 150 or the Code, but the summons charged that L. unlawfully did sell." L. appeared to the summons in person and by counsel, and pleaded to the information. His counsel at once objected that there was a variance between the information and summons, and on the application of counsel for the prosecution the summons was amended to conform with the information. L.'s counsel then applied for an adjournment on the ground that L. was not prepared to meet the new charge, but offered no affidavit or other evidence in support of his application. The Commissioner, having refused the adjournment, the cause was heard and L. made his defence: Held, the adjournment was in the discretion of the Commissioner and was not a matter going to his jurisdiction. R. v. LeBell, ex parte Farris, 39 N.B.R. 468, 16 Can. Cr. Cas. 363; R. v. Hughes, 4 Q.B.D. 614, 48 L.J.M.C. 151; Dixon v. Wells, 25 Q.B.D. 249, 59 L.J.M.C. 116, applied. Liability of employee or agent]-See sec. 152. For a review of the mens rea doctrine as regards a breach by an agent of a statutory duty imposed on the principal, see Mousell Brothers v. L. & N.W. Rỵ. (1918), 87 L.J.K.B. 82. Search for and seizure of liquors in proclaimed districts]-The special procedure of Code secs. 613 and 614 (as amended 1907, ch. 9) and of secs. 615 to 617, applies to offences under secs. 150, 151 and 152. In addition to these there is sec. 6 of the Can. Stat. 1907, ch. 9, which, strangely enough, was not made an amendment to the Code. It reads as follows:-"Every officer appointed under Part III of the Criminal Code, and every constable appointed under any law of Canada, may seize upon view anywhere within the limits specified in any proclamation under the said part any intoxicating liquor in respect of which he has reason to believe that a violation of the provisions of the said part is intended, and he shall forthwith convey any liquor so seized, together with the owner or person in possession thereof, before a commissioner of Justice, who shall thereupon proceed as is provided in sec. 614." Bona fide medical prescription]-Compare R. v. Welford (1918), 42 O.L.R. 359; Ontario Temperance Acts, 1916, ch. 50, sec. 51, and 1917, ch. 50, sec. 18; R. v. Rose [1918] 3 W.W.R. 950 (Alta.); Liquor Act, Alta., 1916, ch. 4, sec. 32. N.-W. Territories]-See the North-West Territories Act, R.S.C. 1906, ch. 50, and the R.N.W. Mounted Police Act, R.S.C. 1906, ch. 91, sec. 19. (Canada Statutes 1907, ch. 9, sec. 6.). Seizure of liquor under Part III. 6. Every officer appointed under Part III of The Criminal Code, and every constable appointed under any law of Canada, may seize upon view anywhere within the limits specified in any proclamation under the said Part any intoxicating liquor in respect of which he has reason to believe that a violation of the provisions of the said Part is intended, and he shall forthwith convey any liquor so seized, together with the owner or person in possession thereof, before a commissioner or justice, who shall thereupon proceed as is provided in sec. 614. Penalty for contravention of sec. 150. 151. Every one who, by himself, his clerk, servant, agent or other person, violates any of the provisions of section 150 is guilty of an offence against this Part and liable on summary conviction to a penalty of two hundred 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 three 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 or without hard labour. Origin]—Can. Stat. 1907, ch. 9, sec. 3; Code of 1892, sec. 118; R.S.C. 1886, ch. 151, sec. 14. Describing the offence]-See the special provision of sec. 617, as to liquor offences under the Code. Defects of form or substance]-By Code sec. 1132 no action or other proceeding, warrant, judgment, order or other instrument or writing authorized by any provisions of Part Part XII (se (see secs. 613-618), relating to Part III, or necessary to carry out its provisions, shall be held void or be allowed to fail for "defect of form." And see the general provision of see. 724 as to defects either "of form or substance summary proceedings. in A misdescription of the official capacity of the magistrate in the proceedings prior to the final adjudication whereby a commissioner of police" was wrongly described therein as a “justice of the peace" will not invalidate a summary conviction made by him as a "commissioner of police" if he was correctly designated as such both in the memorandum of adjudication and in the formal conviction. R. v. Fitzgerald, 19 Can. Cr. Cas. 39, 19 W.L.R. 462. Summary conviction before a commissioner or a justice]—See secs, 144, 613-618, 1132. Seizure of prohibited liquors]—-See secs. 613 to 617 inclusive, and Can. Stat. 1907, ch. 9, sec. 6, supra. Summoning owner of liquor]—Sec. 614 provides for the summoning of the owner or keeper of the liquor in proceedings to condemn it to forfeiture and to order the liquor to be destroyed. The owner or person in possession may be convicted without any further information or trial where the liquor is declared forfeited in such proceedings to which he has been summoned. Sec. 615. Semble, the order for destruction would have to be quashed before an action could be brought against the commissioner for alleged illegal conversion of the liquor destroyed. Townsend v. Beckwith, 14 Can. Cr. Cas. 357, 42 N.S.R. 310; McNeil v. McGillivray, 42 N.S.R. 133; Townsend v. Cox [1907], A.C. 514, 12 Can. Cr. Cas. 509. Procedure where owner unknown]-See sec. 616 as to advertisement of liquor seized before ordering its destruction in cases where the owner, keeper or possessor is unknown to the officer making the seizure. Upon any subsequent conviction]-By Code sec. 757 a certified or proved copy of the conviction for the former offence shall be sufficient evidence; and as to certificate of conviction, see sec. 982. Agent liable to same penalties as principal. 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. Origin]-Code of 1892, sec 118; R.S.C. 1886, ch. 151, sec. 15. Consideration given for purchase may be recovered. 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. Origin] R.S.C. 1886, ch. 151, sec. 18. Transfer for liquor void where prohibited by Part III. 154. All sales, transfers, conveyances, liens and securities 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. 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. Origin] R.S.C. 1886, ch. 151, sec. 18. |