Canadian Criminal Cases Annotated Volume 30

Canadian Criminal Cases Annotated Volume 30

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1919 edition. Excerpt: ...to prove that the solicitation reached the mind of the person intended to be solicited so as to attract his notice." The nearest case to the present that I have found is that of Rex v. M c'Ev0y (1916), 38 O.L.R. 202, where it was held, under this section (42), that it was immaterial whether the person receiving the order transmits it to another Province to be filled up or makes no use of it; his offence is complete when he has received the order; he is personally liable even if in receiving the order he is acting as agent for a company or person out of Ontario; the sending of the order to another Province does not undo the previous act, the receiving of the order; and the transaction is not saved by the provisions of sec. 139. In the present case the charge is not for receiving an order, but for canvassing and soliciting. Having regard to the purview of the Act, I think it is clear that what was done did amount to canvassing and soliciting. What were the envelopes, lists of prices, and blank orders left at the various houses for? What unless it be for the purpose of inviting and soliciting orders? It is difiicult to conceive, having regard to the several provisions of the Act, a more effective way of soliciting orders. The motion must be dismissed; but, as this is the first decision of the kind under the Act, without costs. SUPREME COURT OF ONTARIO HIGH CoURT DIVISION. Barons MIDDLETON, J. REX v. McEWAN. 1. INTOXICATING Lrouoas ( III G--87)--CnRnm's LIABILITY ron nnr..rvsamo TO PERSON NOT KNOWN T0 BE ENTITLED T0 navn LIQUOR IN PossEssIoN--STATnTonY ONUS or PROOF. The effect of sec. 49 of the Ontario Temperance Act, 6 Geo. V., ch. 50, is that a carrier may be convicted of delivering liquor to "a person not entitled...show more

Product details

  • Paperback | 164 pages
  • 189 x 246 x 9mm | 304g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123698823X
  • 9781236988232