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Imperial Book Co. v. Black

(1905) 35 SCR 488 Court SCC Decision date 1905-01-31 English

Contents
The venue mentioned in section 609 of the Criminal Code, 1892, means the place where the crime is charged to have been committed and, in cases where local description is not required, there is an implied allegation that the offence was committed at the place mentioned in the venue in the margin of the record. It is of no consequence whether or not the trial court should he considered an inferior court.
Under section 42 of "'The Penitentiary Act," R. S. C. chap 182, a copy of the sentence of the trial court certified by a judge or by the clerk or acting clerk of that court is a sufficient warrant for the commitment and detention of the convict.
Judgment appealed from (35 Can. S. C. R. 189) affirmed.
APPEAL from the judgment of Mr. Justice Davies, in chambers (1), refusing the application of the appellant for a writ of habeas corpus to inquire into the cause of his imprisonment in the Penitentiary at Dorchester, N.B., on a conviction in a County Court Judges' Criminal Court, under the provisions of Part LIV. of "The Criminal Code, 1892," for the Speedy Trial of Indictable Offences.
The questions raised on the appeal were similar to those raised on the application for the writ of habeas corpus mentioned in the report of the judgment appealed from.
:-Sedgewick, Girouard, Nesbitt and Killam JJ. (1) 35 Can. S C. R. 189.

Statutes and regulations cited