petty occasion, since it is more than possible that, by such idle oaths, a man may frequently, in foro conscientiæ, incur the guilt, and, at the same time, evade the temporal penalties of perjury."

"And Lord Kenyon indeed, in different cases, has expressed a doubt, whether a magistrate does not subject himself to a criminal information for taking a voluntary extra-judicial affidavit."—3 Burn's Just., v. oath.

Indictment. The Jurors for Our Lady the Queen upon their oath present, that J. S. on . . . . at .... being one of the Justices of Our said Lady the Queen, assigned to keep the peace in and for the said county (or district), did unlawfully administer to and receive from a certain person, to wit, one A. B., a certain oath, touching certain matters and things, whereof the said J. S., at the time and on the occasion aforesaid, had not any jurisdiction or cognizance by any law in force at the time being, to wit, at the time of administering and receiving the said oath, or authorized, or required by any such law: the same oath not being in any matter or thing touching the preservation of the peace, or the prosecution, trial or punishment of any offence nor being required or authorized by any law of the Dominion of Canada, or by any law of the said Province of .... wherein such oath has been so received and administered, and was to be used (if to be used in another Province, add "or by any law of the Province of .... wherein the said oath (or affidavit) was (or is) to be used "); nor being an oath required by the laws of any foreign country to give validity to any instrument in writing, designed to be used in such foreign country; that is to say, a certain oath touching and concerning (state the subject-matter of the oath or affidavit, so as to show that it was not one of which the Justice had jurisdiction or cognizance, and was not within the

exceptions) against the form of the Statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity.-Archbold, 829.

A County Magistrate complained to the Bishop of the diocese of the conduct of two of his clergy; and to substantiate his charge, he swore witnesses before himself, as magistrate, to the truth of the facts: held, that the matter before the bishop was not a judicial proceeding, and therefore that the magistrate had brought himself within the Statute against voluntary and extra-judicial oaths, and that he had unlawfully administered voluntary oaths, contrary to the enactment of the Statute. Reg. vs. Nott, Car. & M. 288; 9 Cox, 301.

In the same case, on motion in arrest of judgment it was held, that an indictment under this Statute (5 and 6 Will. 4, ch. 62, s. 13) is bad, if it does not so far set out the deposition, that the Court may judge whether or not it is of the nature contemplated by the Statute, that the deposition and the facts attending it should have been distinctly stated, and the matter or writing relative to which the defendant was said to have acted improperly should have been stated to the Court in the indictment, so that the Court might have expressed an opinion whether the defendant had jurisdiction, the question whether the defendant had jurisdiction to administer the oath being one of law, and to be decided by the Court; but the majority of the Court thought that it was not necessary to set out the whole oath. Greaves never. theless thinks it prudent to set it out at full length, if practicable, in some counts.-1 Russell, 193, note. At the same time, it must be remembered that by sect. 24 of the Procedure Act of 1869, it is enacted that "whenever it is necessary to make an averment in an indictment, as to any instrument, whether the same consists wholly or

in part of writing, print or figures, it shall be sufficient to describe such instruments by any name or designation by which the same may be usually known, or by the purport thereof, without setting out any copy or facsimile of the whole or of any part thereof."

Upon the trial, to establish that the defendant is a Justice of the Peace or other person authorized to receive oaths or affidavits, evidence of his acting as such will, primâ facie, be sufficient.-Archbold, 830.

And it is not necessary to show that he acted wilfully in contravention of the Statute: the doing so, even inadvertently, is punishable.— Idem.

PEACE ON PUBLIC WORKS.

32-33 VICT., CH. 24.

This Act entitled "An Act for the better preservation of the Peace in the vicinity of public works," becomes in force only by proclamation of the Governor in Council, and for the time, and within the places designated in such Proclamation. There is an amendment to it by the 33 Vict., ch. 28, (1870.)

OFFENCES RELATIVE TO HER MAJESTY'S

ARMY AND NAVY.

32-33 VICT., CH. 25.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Sect. 1.-Whosoever, not being an enlisted soldier in Her Majesty's service or a seaman in Her Majesty's Naval Service, by words or with money, or by any other means whatsoever, directly or indirectly persuades, or procures, or goes about or endeavours to persuade, prevail on or procure any such soldier or seaman to desert or leave Her Majesty's Military or Naval Service, or conceals, receives or assists any deserter from Her Majesty's Military or Naval Service, knowing him to be such deserter, may be convicted thereof in a summary manner before any two Justices of the Peace, or before the Mayor of any city and any one Justice of the Peace, or before any Recorder, Judge of the Sessions of the Peace or Police Magistrate, on the evidence of one or more credible witness or witnesses, and shall then be liable to a penalty not less than eighty dollars, nor more than two hundred dollars in the discretion of the Court before which the conviction takes place, with costs, and in default of payment may be committed to gaol for any period not exceeding six months, or until such penalty is paid.

Sect. 2.-Whosoever buys, exchanges or detains, or otherwise receives from any soldier or deserter any arms, clothing or furniture belonging to Her Majesty, or any