it, and this offense alone ought to be inquired the extradition clause of the Federal Constituinto.' tion, or through the comity of a foreign government. "The rule, as stated by the German author Heffter, is, that the individual whose extradition has been granted cannot be prosecuted nor tried for any crime except that for which the extradition has been obtained. To act in any other way, and to cause him to be tried for other crimes or misdemeanors, would be to violate the mutual principle of asylum, and the silent clause contained by implication in every extradition. "And when President Tyler expressed the opinion that the treaty of 1842 could not be used to secure the trial and punishment of persons charged with treason, libels, desertion from military service, and other like offenses, and when the British Parliament and the American Congress assumed to provide that the persons extradited by their respective governments should be surrendered to be tried for the crime of which such person shall be so accused,' this dominant principle of modern extradition was both recognized and acted upon. "This construction of the tenth article of the treaty is consistent with its language and provisions, and is not only in harmony with the opinions and modern practice of the most enlightened nations of Europe, and just and proper in its application, but necessary to render it absolutely certain that the treaty cannot be converted into an instrument by which to obtain the custody and secure the punishment of political offenders. "Hawes placed himself under the guardianship of the British laws, by becoming an inhabitant of Canada. We took him from the protection of those laws under a special agreement and for certain named and designated purposes. To continue him in custody after the accomplishment of those purposes, and with the object of extending the criminal jurisdiction of our courts beyond the terms of the special agreement, would be a plain violation of the faith of the transaction, and a manifest disregard of the conditions of the extradition. "He is not entitled to personal immunity in consequence of his flight. We may yet try him under each and all of the indictments for embezzlement, and for uttering forged paper, if he comes voluntarily within the jurisdiction of our laws, or if we can reach him through "But we had no right to add to, or enlarge the conditions and lawful consequences of his extradition, nor to extend our special and limited right to hold him in custody to answer the three charges of forgery, for the purpose of trying him for offenses other than those for which he was extradited. "We conclude that the court below correctly refused to try Hawes for any of the offences for which he stood indicted, except for the three charges of forgery mentioned in the warrant of extradition, and that it properly discharged him from custody. "The order appealed from is approved and affirmed." DIGEST OF QUEBEC DECISIONS. [Concluded from page 204.] Insolvent Act. 5. Where a trader carries on business in more places than one, a writ of attachment under the Act can only issue at his chief or one of his principal places of business.-Brockville & Ottawa R. W. Co. v. Foster, S. C., p. 107. 6. The return day of a writ of attachment under the Act must not be later than five days after service of the writ.-Ib. 7. An order obtained by a creditor for the delivery of goods, by fraud and artifice, will be set aside on petition of the assignee.-In re Cable, ins., & Stewart, assignee, & Bayard, petr., &c., S. C., p. 121. 8. Where a composition deed provides that the insolvent shall be entitled to a re-conveyance of his estate, on placing in the hands of the assignee notes covering the composition, and the assignee has re-conveyed the estate without receiving a note for a creditor who had filed a claim, the Court will order the assignee to deliver such note to such creditor.—In re Murray, ins., & Stewart, assignee, & Auerbach, petr., S. C., p. 123. 9. An insolvent is not bound to answer a question which may tend to criminate him.In re Beaudry & Wilkes, petr., S. C., p. 196. 10. Where an attachment has been issued under the Act and the defendant has petitioned to quash within the five days, the plaintiff cannot discontinue his attachment, and the defendant has a right (notwithstanding such discontinuance) to a judgment on his petition. -Ford v. Short, S. C., p. 198. Inscription en Faux.-The correctness of a duly certified copy of a notarial acte may be attacked otherwise than by an inscription en 11. An insolvent cannot stay the proceedings | faux, and, therefore, the procedure by way of of a plaintiff, until the assignee take up the such inscription is unnecessary and ought to be instance in place of the insolvent.—Wilson et al. | rejected.—Dufresne et al. v. Lalonde et al., S. C., v. Brunet, C. R., p. 209. 13. The provisions of sec. 14 of the Act do not apply to a creditor who desires to attack the validity of an attachment under the Act, on the ground that his debtor (the insolvent) is not really a trader within the meaning of the Act, and that he is moreover not really insolvent, and, therefore, such creditor may intervene at any time and contest the proceedings, and, in so doing, he does not require to allege that he is an unsecured creditor for an amount exceeding $100.-Langevin & Grothé et al. Q. B., p. 237. 14. "The Court" in section 136 of the Act of 1875, in the Province of Quebec, means the Superior Court, and not the Judge sitting in insolvency, and the demand for the imprisonment of the debtor provided by said section is made in an ordinary suit and not by a petition in insolvency. In re Gear, ins., & Sinclair, assignee, & Furniss, petr., S. C., p. 279. 15. A demand of assignment under the Act will be set aside, unless it be distinctly proved that the defendant has failed to meet his liabilities generally as they become due.Beard v. Thomson, & Thomson, petr., C. R., p. 299. 16. The privilege for wages due to journeymen does not extend to the proceeds of the sale of book debts, but is limited to the merchandise and effects contained in the store or workshop in which their services were required. In re Beaulieu, insolvent, & Dupuy, assignee, & Beaulieu et al., petrs., C. R., p. 304. 17. The demand, under sec. 39 of the Act of 1875, must be made within the four days after the return of the writ, and seems to cover every species of demand.-Cartier v. Germain, S. C., p. 310. See Married Woman. p. 105. Insurance.-1. Where the assured, in his application, described the building to be insured as "isolated," the mere fact that this word was explained in a printed note below the assured's signature to mean at a distance of 100 feet from the building, and that the building was not at that distance, would not invalidate the insurance in the absence of proof that the assured knew of this explanation at the time he signed the application.-Pacaud & The Queen Insurance Co., Q. B., p. 111. 2. Mere over-valuation will not of itself, in the absence of proof of bad faith, invalidate the policy.-Ib. 3. The condition in a fire policy, that the assured shall give notice and make proof of loss before any suit can be brought on the policy, is not complied with by a third person to whom the loss is made payable furnishing such notice and proof of loss; and, in the absence of any such notice and proof of loss by the assured himself, the action by such third person will be dismissed.-Stanton v. The Home Fire Insurance Co., p. 211. 4. An insurance by an assignee under a deed of assignment under the Insolvent Act will not enure to the benefit of an assignee subsequently elected by the creditors, without the consent of the insurance company, where the policy contains the following clause or condition :-" If the property be sold or transferred, or any change take place in title or possession, whether by legal process or judicial decree, or voluntary transfer or conveyance; or if the policy shall be assigned before a loss, without the consent of the company endorsed thereon, etc., then and in every such case the policy shall be void."-Elliot v. The National Ins. Co., S. C., p. 242. 5. Where it is impossible for the assured to give a detailed statement under oath of his loss, supported by books and vouchers, owing to their being burnt, the condition of the policy requiring such statement will be satisfied by is giving affidavits as to the value of the property lost.-Perry v. The Niagara District verbal evidence offered in support of a requête Mutual Fire Ins. Co., S. C., p. 257. 6. An insurance of goods described as being in No. 319 St. Paul street will be held to cover the same goods, although removed into the premises No. 315 adjoining, if the agent of the insurance company, at the end of the first year of the insurance, examined the premises and consented to a renewal of the policy; and such a variation does not constitute a new contract, but only a slight change in the old contract approved of by the parties.-Rolland v. The Citizens Ins. Co., C. R., p. 262. 7. The question as to the consent of the company to a change of the location of the goods insured, is a matter of fact properly left to the jury.-Ib. 8. An agent of an insurance company, whose powers are limited to receiving applications for insurance for transmission to the head office and for the collecting of premiums, has no power to waive any of the conditions of the policies.—Baillie v. The Provincial Ins. Co. of Canada, C. R., p. 274. 9. The condition in a policy to the effect that all persons insured shall, as soon after the loss by fire as possible, deliver in a particular account of such loss or damage, signed with their own hand and verified by oath or affirmation, is waived by the fact of the agent of the company and the person insured each choosing valuators who make a valuation of the loss, and by the fact of the company offering the insured a less amount than the valuation in settlement, showing that they only disputed as to the amount to be paid.-Converse v. The Provincial Ins. Co. of Canada, C. R., p. 276. Interest-1. In a commercial case, where interest has been charged in accounts current rendered from time to time and unobjected to, the Court will allow the interest without any proof of express promise to pay it.-Greenshields v. Wyman et al., S. C., p. 40. 2. Arrears of interest on an obligation entered into before the Civil Code came into force, accrued since the date of the Code, are prescriptible by five years as provided by the Code. -Smallwood v. Allaire, C. R., p. 106. See Prescription. Judgment.-1. The draft of a judgment as paraphed by the judge, is the true record of such judgment, and cannot be contradicted by civile attacking the correctness of the entries thereon so paraphed by the judge.-Carter v. Molson, & Holmes, int. party, S. C., p. 210. 2. A judgment so recorded, cannot be set aside, on a requête civile by another judge of the same court, on the ground of error in such record.—Ib. Judicial Sale.-It is necessary that more than one person bid to make the sale valid.-Poirier Plouffe, & Calvi, oppt., S. C., p. 103. V. Jurisdiction.-1. Where a party endorses a note after it is due, with the fraudulent intent thereby to attempt to force the other parties to the note to answer in a suit on the note at the place of the domicile of such endorser where he is served with process, the Court will dismiss an action brought under such circumstances, quoad such other parties.—Wilkes v. Marchand et al., S. C., p. 118. 2. The Circuit Court has jurisdiction in a case to rescind a lease where the amount of damages laid is within the jurisdiction of the C. C., although the yearly rent stipulated in the lease is in excess of the amount for which an ordinary suit might be brought in that court.-Choquet v. Hart, C. C., p. 305. See Cause of Action; Security for costs. Jury Trial.-See Privy Council. Larceny.—An unstamped promise to pay is a valuable security, and, even in the hands of the maker, is such property as to be the subject of larceny.-Regina v. Scott, Q. B., p. 225. License Act.-An applicant for a writ of certiorari to remove a conviction for violation of the Act is required to make the deposit provided for by s. 195 of the 34th Vic. ch. 2, before he can make the application.-Ex parte McCambridge, petr., & Desnoyers, Police Magistrate, & Bellemare, pros., S. C., p. 181. Lottery.-See Tirage au Sort. Latent Defect.-An imperfect wooden drain, connecting the water closets and drains of a house with the common sewer in the street of a city, is a latent defect against which the seller is obliged by law to warrant the buyer, when, from the character of the house, the buyer had reason to believe that the drains were constructed in a proper manner. - Ibbotson & Ouimet, Q. B., p. 53. Lessor.-1. The lessor has a right, in suing his tenant for rent due, to seize all the move ables in the leased premises, notwithstanding that they may be in the possession of an assignee under the Insolvent Act of a subtenant, not accepted as such by the lessor.Boyer v. McIver, & Craig, int. party, S. C., p. 160. | 2. The mere receipt by the lessor of several instalments of rent due by his tenant from the sub-tenant does not create novation of the lessor's claim against his tenant.—Ib. woman were presumed to have been paid with the money of the husband until proof to the contrary, is applicable to the Province of Quebec.-In re Plessis dit Belair et al., ins., § Fair, assignee, & Landerman, petr., S. C., p. 197. 4. A married woman, who with her husband makes a donation of a sum of money to one of their children, whilst en communauté de biens with her husband, remains liable for one half of the donation, notwithstanding she be subsequently separated judicially from her husband as to property, and renounce to the community. Lessor and Lessee.-See Jurisdiction. Letters Patent.-A company may be incorporated by letters patent for the purposes of navigation within the limits of this Province,—Vincent et ux. v. Benoit et vir., S. C., p. 218. under the Provincial Statute.-Macdougall et al. & The Union Navigation Co., Q. B., p. 63. Mandamus.-1. A writ of mandamus does not lie to compel a Railway Company to deposit| an amount awarded for expropriation by arbitrators.-Bourgouin v. The Montreal, Ottawa & Occidental R. Co., S. C., p. 217. 2. A writ of mandamus will lie against the City of Montreal to compel the appointment of commissioners to fix the amount of indemnity to be paid to the owners of property affected by the change of level of a street, although no grade for such street had been formally determined previously. Joseph v. The City of Montreal, S. C., p. 232. Marriage Contract.-In the case of a donation under a marriage contract from the husband to the wife, of a sum of money to be applied to the purchase of household furniture for their joint use, the death of the husband before the donation was so applied, does not exempt the husband's estate from liability for the amount thereof.-Symons v. Kelly et al, S. C., p. 257. Married Persons.-See Practice. Married Woman.-1. A married woman, separated as to property, and becoming security for her husband, has a right to recover back, with interest from the date of service of process, an amount paid by her as such security. Buckley & Brunelle et vir, Q. B., p. 133. 2. A married woman separated as to property, is not liable for groceries consumed in the house in which she and her husband live, when they have not been purchased by her or on her order, and have been charged in the merchant's books to the husband.-Larose v. Michaud et vir, C. C., p. 167. 3. The principle of the law Quintus Mucius, by which acquisitions made by a married 5. The property of a married woman will not be made liable for necessaries supplied to the family without proof of the insolvency of the husband.—Laframboise et al. v. Lajoie, & Lauzon et vir, oppts, C. C., p. 233. 6. If the husband is without means, the creditors may claim from the wife payment of household debts for necessaries supplied after the husband's insolvency.-McGibbon et al. v. Morse et vir, C. C., p. 311. Montreal, City of.-See Mandamus. Municipal Code.-The Municipal Code has not totally abrogated the provisions of The Temperance Act of 1864. Exp. Sauvé & The Corporation of the County of Argenteuil.-C. C., p. 119. See Practice. Navigation.-See Letters Patent. Opposition afin de distraire.-1. An opposition afin de distraire cannot be filed by a person who has made himself voluntary guardian to a saisie gagerie of the effects claimed, and allowed judgment to go without opposition, declaring the saisie good and valid.-Poirier v. Plouffe, & Calvi, opposant, S. C., p. 103. 2. A document not alleged in an opposition afin de distraire and not produced at the filing of the opposition, cannot be produced and filed later. Ib. 3. An opposition afin de distraire to a seizure of moveables, seized in the possession of the party condemned, will be dismissed on motion, if the allegations fail to set out any specific title and do not set up a possession in the opposants.-Duhamet et al., v. Duclos & Duclos, T. S. & Perreault et vir, opposants, S. C., p. 308. Partnership.-1. When a registered partnership has been dissolved, without registration of his report, unless a sum he chooses to name be first paid.-Décary v. Poirier, S. C., p. 27. 4. The Court of Review has no power to revise a judgment on a petition to revise a bill of costs.-Ryan v. Devlin, C. R., p. 28. 5. In a plea to an action of damages, where a defendant specially denies, and in the same plea alleges, affirmative matter, which is not a justification, such matter will be struck out on motion of plaintiff.-St. Jean v. Bleau, S. C., p. 37. 6. In a district where there is no rule of practice fixing the hours of opening and clos Peremption. Pour parlers for the compromise of a case are of a nature to interrupt, but the proof thereof can only be made by writings.Phaneuf v. Elliott, S. C., p. 221. Perjury. The crime of perjury cannot being the Prothonotary's office, but where the assigned upon a deposition under 284, C. P., office was usually closed at 4 p. m., an excep where the consent in writing required by that article has been omitted.-Regina v. Martin, Q. P. 156. B., Pledge. A clerk and salesman of a commercial firm cannot legally pledge the goods of his employers, which he has stolen, for monies borrowed in his own individual name and loaned to him in good faith, on the security of the goods so stolen, and of which he was apparently in open possession as proprietor.— Cassils et al., & Crawford et al., Q. B., p. 1. 2. Where a pledged watch has been stolen from the party to whom it was pledged, without any fault or negligence on his part, he is not liable to make good the loss.—Soulier v. Lazarus, C. S., p. 104. 3. The actio pignoratitia directa does not lie, when the pledgee is allowed to sell or dispose of the thing pledged, by the very terms of the written instrument of pledge.- Dempsey v. MacDougall et al., S. C., p. 328. Power of Attorney.-Where the power of Attorney is not filed before the exception dilatoire claiming it, costs will be awarded on the exception. Westcott et vir v. Archambault et al., S. C., p. 307. See Agent. Practice.-1. A replication to a general answer is unnecessary, and will be rejected on motion. -Fauteux v. Parent, S. C., p. 12. 2. The "one day" referred to in 74 C. P., with reference to the service of summons in suits between lessors and lessees, must not be a dies non-Metayer dit St. Onge v. Larichelière, S. C., p. 27. 3. A surveyor cannot prevent the opening of tion à la forme left with the Prothonotary at his office between the hours of 4 and 5 p. m. was properly filed.-The Carillon & Grenville R. Co. & Burch, Q. B., p. 46. 7. The death of one of plaintiff's attorneys does not invalidate proceedings had in the case as if both were still such attorneys; the plaintiff being in such case really represented by the surviving attorney.—Morin v. Henderson, S. C., p. 83. 8. A report of collocation may be contested, by permission of the Court, and on special cause shown, after the delay of six days, if no proceeding to homologate the report has been adopted.—Deladurantaye v. Posé & Lacroix et al., contesting, S. C., p. 100. 9. Where leave was granted to appeal to the Privy Council, and the appellant filed a consent that the judgment should be executed, and at the same time a City of Montreal Debenture was deposited with the Clerk of the Court as security for the costs of the appeal, the seizure of such bond in execution of the judgment. will not prevent the Court from accepting it as a security.-Jetté et al. & McNaughton, Q. B., p.. 192. 10. A plaintiff who seizes, as belonging to. his debtor, real property which has been registered for some years in the name of another person, shall pay the costs of opposition which such person has been obliged to file to prevent the sale of his property.—Robert et al. v. Fortin & La Société de Construction Jacques Cartier, opposants, S. C., p. 219. 11. Where a bailiff, resident in another district, and charged with the execution there of a writ of execution issued out of the district of |