VOL XXVII
COURT OF CANADA
SUBREME
Ex pane JAMES
Habeas
683
MACDONALD
1896
corpusJurisdictionForm of commitmentTerritorial
noticeB
Cl
32
135
division
Judicial
warrant
for
commitment
of
the
in
Pictou
therein
to
Pictou
have
been
the
incorporated
towns
specifically
appear
upon
where
offence
had
county
schedule
that
which
mentioned
police
the
face
of
58
to
take
was
was
there
the
also
did not
it
the
place
the
munici
statute
of 1895
contains
district
the
notice
establishing
of
extent
being
that
within
polling
to
stated
greater
Scolia
judicial
within
the county
ch
Vict
as
as
in
limitsand
councilors
statute
offence
the warrant
of
county
an
Pictou
The Nova
two
bound
by the
of
magistrate
the
be of
to
committed
Hopewell
return
for
the county
of Pictou
of
Hopewell
county
been
in the warrant
in
of the
that
territorial
the
territorial
Pictou
council
county
place
limits
of
so
the
division
of
jurisdiction
matters of
into
to
declared
the
coiporations
the court was
divisions
at
within
mentions
entitled
county
stipendiary
conviction
upon
of
municipality
of the county
the
by
municipality
committed
four
the
the
of Pictou appeared
than
pality
The
of
Scotia
The county
respecting
Held
Nova
made
was
division
police
the
habeas
cause
commitment
of
of
judge
corpus
in
the
Supreme
criminal
imprisonment
as
cases
is
disclosed
Court
limited
of
to
by the
Canada
an
in
inquiry
warrant
of
Dec
Dec
29
31
1896
ttPPLlCATION
Ex parte
writ of habeas
MACDONALD
mitment of
of
diction
The
facts
for
following
is
the
diary
The
the
signed
donald
the
of
by
2nd
of
November
to
the
common
the
seal
New
Scotia
under
Roy
stipen
contains
Whereas
in the
Pictou
for
tween
the
the
for
magistrate
that
the
he
day
first
municipality
the
June
last
August in the
thousand eight hundred and
day
first
in the
cating
of
of
county
Pictou
to
contrary
liquor
Roy
of
James
said
of
on
town
the
duly con
county
and
our
of
at
ninety-six
provisions
of
the
of
be
Macdonald
past
year
was
stipendiary
the
unlawfully did
the
at
of Pictou
county
Mac
year of our Lord
in the
undersigned James
before the
victed
in
others
among
James
of Pictou
county
day of September
Glasgow
in the
jail
Nova
of
one thousand eight hundred and ninety-six
of
1896 the
by James
commitment
Hopewell
eighth
judgment reported
delivered
allegations
following
the
the municipality of Pictou
for
warrant of
suffi
on
judge
judgment
under
magistrate
juns
not
petitioner ex parte
county of Pictou in the province
warrant
corn
warrant
in the
committed
was
the
did
to the
presented
J.On
GIR0UARD
that
for
of
cause
reason
the face of the
upon
Ritchie
petitioner
inquire
are mentioned
application
in chambers
into the
committing magistrate
material
Owen
to
petitioner for the
the
ciently appear
The
Girouard
before
corpus
the
XXVI1
COURT OF CANADA
SUPREME
684
thirty-
Lord
one
Hopewell
sell
intoxi
the second
Act then in force in the
part of the Canada Temperance
said county
The
fective
that
of
Pictou
petitioner contends
upon
its
Hopewell
municipality
face
the
inasmuch
in the
of the
that
county
county
of
as
of
said warrant
it
does
Pictou
Pictou
is
de
not
appear
was
in the
He makes
the
VOL XXVII
statement
following
the time of
at
said
of the Acts
year 1895
of
with
the
said
making of the
towns
said
said
flIed
both
of the
of
making of the
the
said
of
and
warrant
comprised
of Pictou
four
of
county
conviction
of
but
so
other than
now
and
warrant
Nova
of the
or otherwise
is
territorially
The
the four
of
Scotia
governed
the time of
at
towns
and
the
for
the
munici
the making of the
and now comprises
incorporated
Pictou
and
aforesaid
the time of
at
law
territorially
was
the
chapter
Scotia
municipality
Pictou
Pictou and
aforesaid
said
was
said
and
founded
under
Nova
in
one
made up of the
and
of
existing
never
county
Pictou
division
geographical
they are
incorporated
The
and was
is
and warrant
conviction
composed
is
towns
and
of
county
Pictou
on which
Pictou
conviction
which
aforesaid
municipality
that
the
of
of
said
Act 1895
county
said
the
of the province
now
and warrant
of the
portion
the
now
of
not
th county
of
conviction
of
was and
Incorporation
co.extensive
pality
is
making
was and now is composed
the couhty
incorporated
is
time of
the
information
legislature
and four
of Pictou
than
said
the county
of the
by the Towns
county
which
affidavit
commitment
making
the
of the
municipality
at
of which
of Pictou
county
Scotia
warrant of
counties
of the taking
less
Nova
of
conviction and
eighteen
and
the
incorporated
with
the
at
as
the
time
said
of
the
made up
commitment
known
said
that
the
of
county
Pictou
For this reason
me
before
the
and
others
Justice
Supreme Court
of
Graham
Nova
from imprisonment under
ch
ser
refused
to
The
99
to
Mr
honourable
The
the
the
justices
his discharge
IL
corpus
learned
judge
his application
Scotia
sitting
Townshend
court
in
and
refused
also
to
the
banc
Mc
Henry
JJ
unanimously
him
Justice
Townshend
delivered
the opinion
of the
He said
court
mitted
urged
to
of the
for
writ of habeas
renewed
O.J Weatherbe
discharge
one
but
not
him
discharge
Supreme Court of Nova
but that
were
application
Scotia
sec
petitioner then
Donald
which
made an
petitioner
Mr
Honourable
of the
offence
at
1897
Exparte
The province
of
in
685
me
before
said
COURT 0l CANADA
SUPREME
for
which
Hopewell
in
he was
convicted
the county
of
is
stated
Pictou
to
It
is
have
been
contended
com
that
MACDONALD
Girouard
1896
committing
MAcDNALD
show
does not
warrant
this
of
If
Hopewell
1895
at
the
is
very
Actin
by
The question
of Pictou
of the county
cipality
of
some
in
municipality
which
the
out of
cuts
the
is
of Pictou
all
as
as
is
in
cities or
in
is
This
county
that
of the
the coiinty
means the muni
of
be read
reason
equal
or one
towns
incorporated
with
it
county
jurisdiction
necessarily
may
or
the
county
area
this
territorial
that
not
of
parts
original
the
Hopewell
describes
whether
the
what
be
to
Although
other
the term
define
to
within
district
Pictou
with
Acts
sec
defined
is
of
division
this police
By ch
the area of
that
of the
The warrant
council
county
indicates
or
of
county
munici
division
police
for
of Pictou
sectionread
and proceeds
of the county
part
the
as
section
towns
89
created
the
in
jurisdiction
The
shown
is
county
this
the area
as
clear
corporated
as
known
opinion
face
its
1895
hereby
is
jurisdiction
of the
expressed
my
designated
made
it
municipality
clearly
of
on
stipendiary magistrate
within
time was
that
should
it
Pictou
Roy was duly appointed
Girouard
as
By Acts
magistrate
of the county
pality
XXVII
COURT OF CANADA
SUPREME
686
the incorporated
towns
was
It
Pictou county
to
the
can
locality
is
the
The
other
has
before
filed
must
go into
to
any inquiry
of the
also
the
the
two
coun
that
no
Iopewell
jurisdiction
copy of
conviction
of
the
and
magistrate
stipendiary
am
say that
behind
return
of Pictou
me
before
the
Pictou
to
same Act
saying that
of the county
filed
and other papers but
for
reason
in
Hopewell
entitled
of the municipality
therefore within
warrant of commitment and
information
of
the
be part
it
except
of the municipality
petitioner
of
portions
and
division
no 17
municipality
conclusive
seems
police
the stipendiary
from
the
the Act
to
section
polling
of
councillors
return
this in itself
within
as
council
We know
the schedule
in
that
described
is
municipal
cillors
and
out
pointed
not inclined
warrant
of
com
mitment
am
to
not
be the
plain
well
settled
the
cher
Re
The
first
Exchequer
words
to me
go beyond what appears
Court
Act
and
of the Supreme
Sproule
Courts
Dig
Cass
Dig
ed
ed
court
Re Bou
Re
TrØpanier
1881
1886
paragraph of section
Cass
this
jurisprudence of
Re Poitvin
1879
1885
to
disposed
Act
sec
32
32 of the
provides
325
12
327
12
Can
Can
Supreme and
as
follows
111
140
VOL XXVII
Every
ad
of the court
judge
of the
or judges
courts
in
criminal
any
have
shall
several
concurrent
to
provinces
the purpose
for
subjiciendurrs
mitment
COURT OF CANADA
SUPREME
of an
of
writs
the
of
habeas
the cause
into
Act
any
with the
jurisdiction
issue
inquiry
under
case
687
of
corn-
Parliament
Girouard
believe
therefore that
Supreme Court
criminal
of
case
that
mitment
me
referred
ed
and
The
the
to
have
alleged
counsel
has forgotten
which shows
that
is
the
law
presses
Courts
also
exercised
sovereignty
of
divisions
of
their
cities
government
such
notice
local
concerned
public
The same
say of the
very
towns
Legal
196
page
notice
into
counties
of
the
believe
it
ex
of
the
but of the
most
has
provinces
states
affected
but not
the
boundaries
15
and
jurisdiction
government and
like
the
coun
counties
far as
so
relative
local
political
of
position
further than
may
be
statutes
was upheld by
similar to
See
News
at
is
learned
on Evidence sec
own
precise
and
the judges
the
or
the
judicial
and
their
principle
chambault
But
parishes
Quebec Court
much
as
juris
offence
province
extent
their
country such
divisions nor
in
prescribed
by
sti
warrant
and
Taylor
territorial
com
the
that
Townshend
Justice
to
de facto
cities
is
only
of
petitioner
the
take
that
of
Convictions
establish
all
Scotia
of
the
for
kingdom
down by
Mr
the
part of
will
the
of
referred
appropriately
on the
from Paley
quote
Nova
not
Dominion
whole
ties
of
warrant of
where
court
rule laid
Supreme Court
the
the
division
general
the
committed
to
cause
warrant
Parliament
face of the
locality
been
the
the
to
the
corpus in any
Summary
on
authorities
to
This
of
judge of
into the
by
counsel
Paley
to
other
as
especially
of the
Act
must appear upon
diction
disclosed
discloses jurisdiction
pendiary magistrate
7th
of habeas
whether
is
of
jurisdiction
an inquiry
to
any
then
question
the
matters
is as
under
commitment
Canada
The
in
limited
is
commitment
has
MACDNALD
of
Canada
the
1896
corpus
also
of Appeals
the
present
Mr
Justice
in 1880
one Ex
in
parte
Huriburt
Sleeth
25
Can
Ram
620
case
Ar
COURT OF CANADA
SUPREME
688
1896
Exparte
MACDONALD
Girouard
am
should
therefore
be
satisfaction
without
under
the
of
rejected
of
opinion
and
knowing
recourse
it
that
He may
second paragraph
and Exchequer
is
that
XXVIL
the
application
have
rejected
the
appeal
of sec
petitioner
to
82
the
of
full
the
is
not
court
The Supreme
Courts Act
Writ refused
Solicitor
for
the
petitioner
John
Power