(or County, United Counties, or as the case may be) of by C. D. of the township of , in the said District (County, or as the case may be) (labourer,) that A. B. of, &c., on the at the township of day of aforesaid, did threaten (&c., follow to end of complaint, as in form above, in the past tense, then): And whereas the said A. B. was this day brought and appeared before the said Justice (or J. L., Esquire, one of Her Majesty's Justices of the Peace in and for the said District (or County, United Counties, or as the case may be) of , to answer unto the said complaint: And* having been required by me to enter into his own Recognizance in the sum of with two sufficient sureties in the sum of each, as well for his appearance at the next General or Quarter Sessions of the Peace, (or other Court discharging the functions of the Court of General or Quarter Sessions, as the case may be,) to be held in and for the said District (or County, United Counties, or as the case may be,) of to do what shall be then and there enjoined him by the Court, as also in the meantime to keep the Peace and be of good behaviour towards Her Majesty and Her liege people, and especially towards the said C. D., hath refused and neglected, and still refuses and neglects to find such sureties); These are therefore to command you and each of you to take the said A. B., and him safely to convey to the (Common Gaol) at aforesaid, and there to deliver him to the Keeper thereof, together with this Precept; And I do hereby command you the said Keeper of the (Common Gaol to receive the said A. B. into your custody, in the said (Common Gaol,) there to imprison him until the said next General or Quarter Sessions of the Peace (or the next term or sitting, the said Court discharging the functions of the Court of General or Quarter Sessions, as the case may be,) unless he, in the meantime, find sufficient sureties as well for his appearance at the said Sessions (or Court), as in the meantime to keep the peace as aforesaid. Given under my hand and seal, this at year of Our Lord day of in the in the District (or County, CAP. XXXII. An Act respecting the prompt and summary administration of Criminal Justice in certain cases. HER [Assented to 22nd June, 1869.] ER Majesty, by and with the advice and consent of the Preamble. follows: 1. In this Act the expression "a competent Magistrate" shall Interpretation as respects the Province of Quebec and the Province of Ontario, of Wompetent of words, &c., mean magistrate." "Common gaol, &c." Power to a competent magistrate to try certain offences in a summary way the party mean and include any Recorder, Judge of a County Court, being a Justice of the Peace, Commissioner of Police, Judge of the Sessions of the Peace, Police Magistrate, District Magistrate or other functionary or tribunal invested at the time of the passing of this Act with the powers vested in a Recorder by chapter one hundred and five of the Consolidated Statutes of Canada, intituled "An Act respecting the prompt and summary administration of Criminal Justice in certain cases," and acting within the local limits of his or of its jurisdiction, and any functionary or tribunal invested by the proper legislative authority with power to do alone such acts as are usually required to be done by two or more Justices of the Peace; and as respects the Province of Nova Scotia or the Province of New Brunswick, the said expression shall mean and include a Commissioner of Police and any functionary, tribunal or person invested or to be invested by the proper legislative authority with power to do alone such acts as are usually required to be done by two or more Justices of the Peace, and the expression" the Magistrate" shall mean a competent Magistrate as above defined; And the expression "the Common Gaol or other place of confinement," shall in the case of any offender whose age at the time of his conviction does not in the opinion of the Magistrate exceed sixteen years, include any Reformatory Prison provided for the reception of juvenile offenders in the Province in which the conviction referred to takes place, and to which by the law of that Province the offender can be sent. 2. Where any person is charged before a competent Magistrate with having committed 1. Simple larceny, larcency from the person, embezzleby consent of ment, or obtaining money or property by false pretences, or feloniously receiving stolen property, and the value of the whole of the property alleged to have been stolen, embezzled, obtained, or received does not in the judgment of the Magistrate exceed ten dollars; or, accused. Larceny. Attempt at larceny. Assault. Assault on females or children. 2. With having attempted to commit larceny from the person or simple larceny, or, 3. With having committed an aggravated assault, by unlawfully and maliciously inflicting upon any other person, either with or without a weapon or instrument, any! grievous bodily harm, or by unlawfully and maliciously cutting, stabbing or wounding any other person; or, 4. With having committed an assault upon any female whatever, or upon any male child whose age does not in the opinion of the Magistrate exceed fourteen years, such assault being of a nature which cannot in the opinion of the Magistrate be sufficiently punished by a summary conviction before him under any other other Act, and such assault, if upon a female, not amounting in his opinion to an assault with intent to commit a rape; or, 5. With having assaulted obstructed, molested or hindered on magisany magistrate, bailiff, or constable or officer of customs or trates, &c. excise or other officer in the lawful performance of his duty, or with intent to prevent the performance thereof; or, 6. With keeping or being an inmate, or habitual frequenter of Houses of illany disorderly house, house of ill-fame or bawdy house; The Magistrate may, subject to the provisions hereinafter made, hear and determine the charge in a summary way. fame, and (see Sec. 15) as to cities. consents to be 3. Whenever the Magistrate before whom any person is charged Accused to be as aforesaid proposes to dispose of the case summarily under the asked if he provisions of this Act, such Magistrate, after ascertaining the tried sumnature and extent of the charge, but before the formal examination marily. of the witnesses for the prosecution, and before calling on the party charged for any statement which he may wish to make, shall state to such person the substance of the charge against him, and (if the charge is not one that can be tried summarily without the consent of the accused) shall then say to him, these words, or words to the like effect: "Do you consent that the charge against you shall be tried by me, or do you desire that it shall be sent for trial by a jury at the (naming the Court at If he consents, which it could soonest be tried); and if the person charged con- or the jurissents to the charge being summarily tried and determined as absolute. aforesaid, or if the power of the Magistrate to try it does not depend on the consent of the accused, the Magistrate shall reduce the charge into writing, and read the same to such person, and shall then ask him whether he is guilty or not of such charge. diction is the charge. 4. If the person charged confesses the charge, the Magistrate If he admits shall then proceed to pass such sentence upon him as may by law be passed, (subject to the provisions of this Act,) in respect to such offence; but if the person charged says that If not. he is not guilty, the Magistrate shall then examine the witnesses for the prosecution, and when the examination has been completed, the Magistrate shall inquire of the person charged whether he has any defence to make to such charge, and And if he has if he states that he has a defence, the Magistrate shall hear a defence. such defence, and shall then proceed to dispose of the case summarily. case of convic 5. In the case of larceny, feloniously receiving stolen property Sentence in or attempt to commit larceny from the person, or simple larceny, tion of larceny. charged under the first or second sub-sections of the second section of this Act, if the Magistrate after hearing the whole case for the prosecution and for the defence, finds the charge proved, then he shall convict the person charged and commit him to the Common Gaol or other place of confinement, there to be imprisoned, 25 Offence not proved. Form of conviction. If the accused does not consent, or the Magistrate thinks the imprisoned, with or without hard labour, for any period not exceeding six months. 6. If in any case the Magistrate finds the offence not proved, he shall dismiss the charge, and make out and deliver to the person charged a certificate under his hand stating the fact of such dismissal. 7. Every such conviction and certificate respectively may be in the forms A and B, in this Act, or to the like effect. 8. If (when his consent is necessary) the person charged does not consent to have the case heard and determined by the Magistrate, or in any case if it appears to the Magistrate that the offence is one which, owing to a previous conviction of the person case proper to charged, or from any other circumstance, ought to be made the subject of prosecution by indictment rather than to be disposed of summarily, such Magistrate shall deal with the case in all respects as if this Act had not been passed; but a previous conviction shall not prevent the Magistrate from trying the offender summarily, if he thinks fit so to do. be otherwise tried. Discharge in certain cases. If the value of trate thinks the case one to be tried sum marily. 9. If upon the hearing of the charge the Magistrate is of opinion that there are circumstances in the case which render it inexpedient to inflict any punishment, he may dismiss the person charged without proceeding to a conviction. 10. Where any person is charged before a competent Magistrate the property with simple larceny, or with having obtained property by and the Magis- false pretences, or with having embezzled or having feloniously received stolen property, or with committing larceny from the person, or with larceny as a clerk or servant, and the value of the property stolen, obtained, embezzled, or received exceeds ten dollars, and the evidence in support of the prosecution is in the opinion of the Magistrate sufficient to put the person on his trial for the offence charged, such Magistrate, if the case appear to him to be one which may properly be disposed of in a summary way, and may be adequately punished by virtue of the powers of this Act, shall reduce the charge into writing and shall read it to the said person, and (unless such person is one who can be tried summarily without his consent) shall then put to him the question mentioned in section three, and shall explain to him that he is not obliged to plead or answer before such Magistrate at all, and that if he do not plead or answer before him, he will be committed for trial in the usual course. If the offender consents and pleads guilty. 11. If the person so charged consents to be tried by the Magistrate, the Magistrate shall then ask him whether he is guilty or not of the charge, and if such person says that he is guilty, the Magistrate shall thereupon cause a plea of guilty to be entered upon the proceedings, and shall convict him of the offence, and commit him to the Common Gaol or other place of confinement, there there to be imprisoned, with or without hard labour, for any term not exceeding twelve months, and every such conviction may be in the form C, or to the like effect. 12. In every case of summary proceedings under this Act, the Full defence person accused shall be allowed to make his full answer and allowed. defence, and to have all witnesses examined and cross-examined, by counsel or attorney. mon and compol attendance 13. The Magistrate before whom any person is charged under Power to sumthis Act, may by summons require the attendance of any person as a witness upon the hearing of the case at a time and place to of witnesses. be named in such summons, and such Magistrate may bind by recognizance all persons whom he may consider necessary to be examined touching the matter of such charge, to attend at the time and place to be appointed by him, and then and there to give evidence upon the hearing of such charge; And in case any person so summoned or required or bound as aforesaid, neglects or refuses to attend in pursuance of such summons or recognizance, then upon proof being first made of such person's having been duly summoned as hereinafter mentioned, or bound by recognizance as aforesaid, the Magistrate before whom such person ought to have attended may issue a warrant to compel his appearance as a witness. this Act. 14. Every summons issued under this Act may be served by Mode of sumdelivering a copy of the summons to the party summoned, or by moning under delivering a copy of the summons to some inmate of such party's usual place of abode; and every person so required by any writing under the hand of any competent Magistrate to attend and give evidence as aforesaid, shall be deemed to have been duly summoned. absolute in 15. The jurisdiction of the Magistrate in the case of any per- Jurisdiction of son charged within the Police limits of any City in Canada, with Magistrate therein keeping or being an inmate or an habitual frequenter of certain cases. any disorderly house, house of ill-fame or bawdy house, shall be absolute, and shall not depend on the consent of the party charged to be tried by such Magistrate, nor shall such party be asked whether he consents to be so tried; nor shall this Act affect the absolute summary jurisdiction given to any Justice or Justices of the Peace in any case, by any other Act. 16. The jurisdiction of the Magistrate shall also be absolute in And as to certhe case of any person, being a sea-faring person and only taia persons. transiently in Canada, and having no permanent domicile therein, charged, either within the City of Quebec as limited for the purpose of the Police Ordinance, or within the City of Montreal as so limited, or in any other Seaport, City or Town in Canada, where there is a competent Magistrate, with the commission therein of any of the offences mentioned in the second section of this Act, and also in the case of any other person charged |