Non-appear cutor. 854. If, upon the day and at the place so appointed, the ance of prose defendant appears voluntarily in obedience to the summons in that behalf served upon him, or is brought before the justice by virtue of a warrant, then, if the complainant or informant, having had due notice, does not appear by himself, his counsel or attorney, the justice shall dismiss the complaint or information unless he thinks proper to adjourn the hearing of the same until some other day upon such terms as he thinks fit. R.S.C., c. 178, s. 41. Proceedings when both parties appear Arraignment of accused. Adjournment 855. If both parties appear, either personally or by their respective counsel or attorneys, before the justice who is to hear and determine the complaint or information such justice shall proceed to hear and determine the same. R.S.C., c. 178, s. 42. 856. If the defendant is present at the hearing the substance of the information or complaint shall be stated to him, and he shall be asked if he has any cause to show why he should not be convicted, or why an order should not be made against him, as the case may be. 2. If the defendant thereupon admits the truth of the information or complaint, and shows no sufficient cause why he should not be convicted, or why an order should not be made against him, as the case may be, the justice present at the hearing shall convict him or make an order against him accordingly. 3. If the defendant does not admit the truth of the information or complaint, the justice shall proceed to inquire into the charge and for the purposes of such inquiry shall take the evidence of witnesses both for the complainant and accused in the manner provided by Part XLV. in the case of a preliminary inquiry: Provided that the prosecutor or complainant is not entitled to give evidence in reply if the defendant has not adduced any evidence other than as to his general character; provided further, that in a hearing under this section the witnesses need not sign their depositions. R.S.C., c. 178, ss. 43, 44 and 45. 857. Before or during the hearing of any information or complaint the justice may, in his discretion adjourn the hearing of the same to a certain time or place to be then appointed and stated in the presence and hearing of the party or parties, or of their respective solicitors or agents then present, but no such adjournment shall be for more than eight days. 2. If, at the time and place to which the hearing or further hearing is adjourned, either or both of the parties do not appear, personally or by his or their counsel or solicitors respectively, before the justice or such other justice as shall then be there, the justice who is then there may proceed to the hearing or further hearing as if the party or parties were present. ཉ་ 1892. The Criminal Code, 1892. Title VII. 273 3. If the prosecutor or complainant does not appear the justice may dismiss the information, with or without costs as to him seems fit. 4. Whenever any justice adjourns the hearing of any case he may suffer the defendant to go at large or may commit him to the common gaol or other prison within the territorial division for which such justice is then acting, or to such other safe custody as such justice thinks fit, or may discharge the defendant upon his recognizance, with or without sureties at the discretion of such justice, conditioned for his appearance at the time and place to which such hearing or further hearing is adjourned. 5. Whenever any defendant who is discharged upon recognizance, or allowed to go at large, does not appear at the time mentioned in the recognizance or to which the hearing or further hearing is adjourned the justice may issue his warrant for his apprehension. R.S.C., c. 178, ss. 48, 49, 50 and 51. by justice. 858. The justice, having heard what each party has to say, Adjudication and the witnesses and evidence adduced, shall consider the whole matter, and, unless otherwise provided, determine the same and convict or make an order against the defendant, or dismiss the information or complaint, as the case may be. R.S.C., c. 178, s. 52. viction. 859. If the justice convicts or makes an order against the Form of condefendant a minute or memorandum thereof shall then be made, for which no fee shall be paid, and the conviction or order shall afterwards be drawn up by the justice on parchment or on paper, under his hand and seal, in such one of the forms of conviction or of orders from VV to AAA inclusive in schedule one to this Act as is applicable to the case or to the like effect. R.S.C., c. 178, s. 53. penalties on ders. 860. When several persons join in the commission of the Disposal of same offence, and upon conviction thereof each is adjudged conviction of to pay a penalty which includes the value of the property, joint offenor the amount of the injury done, no further sum shall be paid to the person aggrieved than such amount or value, and costs, if any, and the residue of the penalties imposed shall be applied in the same manner as other penalties imposed by a justice are directed to be applied. R.S.C., c. 178, s. 54. tain cases. 861. Whenever any person is summarily convicted before First cona justice of any offence against Parts XX. to XXX. inclusive viction in ceror Part XXXVII. of this Act and it is a first conviction, the justice may, if he thinks fit, discharge the offender from his conviction upon his making such satisfaction to the person aggrieved, for damages and costs, or either of them, as are ascertained by the justice. R.S.C., c. 178, s. 55. 862. Certificate of dismissal. Disobedience to order of justice. Assaults. Dismissal of complaint for assault. Release from further proceedings. Costs on conviction or order. 862. If the justice dismisses the information or complaint he may, when required so to do, make an order of dismissal in the form BBB in schedule one hereto, and he shall give the defendant a certificate in the form CCC in the said schedule, which certificate, upon being afterwards produced, shall, without further proof, be a bar to any subsequent information or complaint for the same matter, against the same defendant. R.S.C., c. 178, s. 56. 863. Whenever, by any Act or law, authority is given to commit a person to prison, or to levy any sum upon his goods or chattels by distress, for not obeying an order of a justice, the defendant shall be served with a copy of the minute of the order before any warrant of commitment or of distress is issued in that behalf; and the order or minute shall not form any part of the warrant of commitment or of distress. R.S.C., c. 178, s. 57. 864. Whenever any person unlawfully assaults or beats any other person, any justice may summarily hear and determine the charge, unless at the time of entering upon the investigation the person aggrieved or the person accused objects thereto. 2. If such justice is of opinion that the assault or battery complained of is, from any other circumstance, a fit subject for prosecution by indictment, he shall abstain from any adjudication thereupon, and shall deal with the case in all respects in the same manner as if he had no authority finally to hear and determine the same. R.S.C., c. 178, s. 73. 865. If the justice, upon the hearing of any case of assault or battery upon the merits where the complaint is preferred by or on behalf of the person aggrieved, under the next preceding section, deems the offence not to be proved, or finds. the assault or battery to have been justified, or so trifling as not to merit any punishment, and accordingly dismisses the complaint, he shall forth with make out a certificate under his hand stating the fact of such dismissal, and shall deliver such certificate to the person against whom the complaint was preferred. R.S.C., c. 178, s. 74. 866. If the person against whom any such complaint has been preferred, by or on the behalf of the person aggrieved, obtains such certificate, or, having been convicted, pays the whole amount adjudged to be paid or suffers the imprisonment, or imprisonment with hard labour, awarded, he shall be released from all further or other proceedings, civil or criminal, for the same cause. R.S.C., c. 178, s. 75. 867. In every case of a summary conviction, or of an order made by a justice, such justice may, in his discretion, award and order in and by the conviction or order that the defend ant ant shall pay to the prosecutor or complainant such costs as to the said justice seem reasonable in that behalf, and not inconsistent with the fees established by law to be taken on proceedings had by and before justices. R.S.C., c. 178, s. 58. missal. 868. Whenever the justice, instead of convicting or mak- Cost on dising an order, dismisses the information or complaint, he may, in his discretion, in and by his order of dismissal, award and order that the prosecutor or complainant shall pay to the defendant such costs as to the said justice seem reasonable and consistent with law. R.S.C., c. 178, s. 59. 869. The sums so allowed for costs shall, in all cases, be Recovery of specified in the conviction or order, or order of dismissal, costs when penalty is and the same shall be recoverable in the same manner and adjudged. under the same warrants as any penalty, adjudged to be paid by the conviction or order, is to be recovered. R.S.C., c. 178, s. 60. cases. 870. Whenever there is no such penalty to be recovered Recovery of such costs shall be recoverable by distress and sale of the costs in other goods and chattels of the party, and in default of distress, by imprisonment, with or without hard labour, for any term not exceeding one month. R.S.C., c. 178, s. 61. 871. The fees mentioned in the following tariff and no Fees. others shall be and constitute the fees to be taken on proceedings before justices in proceedings under this part:— Fees to be taken by Justices of the Peace or their Clerks. 1. Information or complaint and warrant or sum mons... 2. Warrant where summons issued in first instance 3. Each necessary copy of summons or warrant.............. 4. Each summons or warrant to or for a witness or witnesses. (Only one summons on each side to be charged for in each case, which may contain any number of names. If the justice of the case requires it, additional summonses shall be issued without charge)................. 5. Information for warrant for witness and warrant. 6. Each necessary copy of summons or warrant for witness.... 7. For every recognizance... 8. For hearing and determining case. 9. If case lasts over two hours..... 10. Where one justice alone cannot lawfully hear and determine the case, the same fee for hearing and determining to be allowed to the associate justice. 11. For each warrant of distress or commitment...... $ cts. 0.50 0 10 0 10 0 10 0 10 0 25 0.50 1 00 0 25 $ cts. ..... 12. For making up record of conviction or order. 13. For copy of any other paper connected with any (Items 13 and 14 to be chargeable only when Constables' Fees. 1. Arrest of each individual upon a warrant......... 1 00 050 005 0 10 1.00 0 25 3. Mileage to serve summons or warrant, per mile 0 10 4. Same mileage when service cannot be effected, Provisions respecting convictions. 5. Mileage taking prisoner to gaol, exclusive of dis- 7. Attending justices on trial in one or more cases, 8. Mileage travelled to attend trial (when public 12. Witnesses' Fees. 1. Each day attending trial.... 2. Mileage travelled to attend trial (one way) per mile..... 0 10 0 25 0 10 1 00 1 00 0 10 075 0 10 872. Whenever a conviction adjudges a pecuniary penalty or compensation to be paid, or an order requires the payment of a sum of money, whether the Act or law authorizing such conviction or order does or does not provide a mode of |