personally came before (us) the undersigned, (two) of Her Majesty's Justices of the Peace for the said District (or County, United Counties, or as the case may be,) of and severally acknowledged themselves to owe

to our Lady the Queen the several sums following, that is to say the said A. B. the sum of and the said L. M. and N. O. the sum of

each, of good and lawful money of Canada, to be made and levied of their goods and chattels, lands and tenements respectively, to the use of our said Lady the Queen, Her Heirs and Successors, if he the said A. B. fail in the condition endorsed.

Taken and acknowledged the day and year first above mentioned, at

The condition of the within written Recognizance is such, that if the within bounded A. B. (of, &c.,) shall appear at the next Court of General or Quarter Sessions of the Peace (or other Court discharging the functions of the Court of General Quarter Sessions, as the case may be,) to be holden in and for the said District (or County, United Counties, or as the case may be) of to do and receive what shall be then and there enjoined him by the Court, and in the meantime shall keep the peace and be of good behaviour towards Her Majesty and all Her liege people, and specially towards C. D. (of &c.) for the term of now next ensuing, then the said Recognizance

to be void, or else to stand in full force and virtue.

Canada,

FORM OF COMMITMENT IN DEFAULT OF SURETIES.

Province of

District (or County,

United Counties, or

as the case may be),

of

To all or any of the Constables or other Peace officers

in

the District (or County) (or one of the United Counties, or as the case may be) of and to the Keeper of the Common Gaol of the said District, (County or United Counties, or as the case may be) at the said District (or County, &c.,

, in

instant, complaint on oath

was made before the undersigned (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 , 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 : having been required by me to enter into his own Recognizance in with two sufficient sureties in the sum of

And

,

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 of 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.

32 & 33 VIC., CHAP. XXXII.

An Act respecting the prompt and summary administration of Criminal Justice in certain cases.

[Assented to 22nd June, 1869.]

HER MAJESTY, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. In this Act the expression 66 a competent Magistrate " shall, as respects the Province of Quebec and the Province of Ontario, 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 legislalative 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.

The 37 Vic., chap. 40, provides that the expression, "a competent magistrate" in the Act shall, as respects the Province of Nova Scotia, or the Province of New Brunswick, mean and include any Recorder, Judge of the County Court, Stipendiary Magistrate, or Police Magistrate acting within the local limits of his jurisdiction, as well as any functionary included by the said expression as respects either of the said Provinces, under the terms of the said Act, and the expression, "the magistrate” in the said Act shall, as respects either of the said Provinces, mean

a competent magistrate as above defined, and the said Act shall, from and after the passing of this Act, be construed and have effect accordingly. In applying this Act to British Columbia, or to the District of Keewatin, or to Prince Edward Island, the expression "competent magistrate" shall be construed as meaning any two Justices of the Peace sitting together, as well as any functionary or tribunal having the powers of two Justices of the Peace, and the jurisdiction shall be absolute, without the consent of the parties charged. See 37 Vic., chap. 42, sched. A., and 39 Vic., chap. 21; also 40 Vic., chap. 4.

With regard to the Province of Manitoba, the expression "a competent magistrate," and the expression "the magistrate" shall have the same meaning and include the like functionaries and tribunals as with respect to the Provinces of Quebec and Ontario. 37 Vic., chap. 39, s. 3.

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.

In Manitoba the above expression has the same meaning as in the other Provinces mentioned in the Act. 37 Vic., chap. 39, s. 3.

This Act was extended to Manitoba by the 37 Vic., chap. 39; to Prince Edward Island by the 40 Vic., chap. 4.; to the District of Keewatin by the 39 Vic., chap. 21; and to British Columbia by the 37 Vic., chap. 42.

Violations of the Act making provision against the improper use of fire arms (40 Vic., chap. 30) are to be tried and dealt with according to the provisions of this Act. See 40 Vic., chap. 30, s. 5; also 32 & 33 Vic., chap. 20, ss. 74, 75, 76.

This Act also applies to the offence of a person playing or looking on while any other person is playing in a common gaming house. See 40 Vic., chap. 33, ss. 4 & 5.

2. Where any person is charged before a competent Magistrate with hav ing committed

1. Simple larceny, larceny from the person, embezzlement, 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

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 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 any magistrate, bailiff, or constable, or officer of customs or 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 any disorderly house, house of ill-fame or bawdy house;

7. With having committed a misdemeanor under the Act passed in the fortieth year of Her Majesty's reign, intituled, "An Act for the repression of betting and pool selling." 40 Vic., chap. 31, s. 3.

The Magistrate may, subject to the provisions hereinafter made, hear and determine the charge in a summary way.

The prisoner was convicted by the Police Magistrate for the City of Toronto, for that she "did on," etc., " at the said City of Toronto, keep a common, disorderly, bawdy-house on Queen Street, in the said city," etc., and committed to Gaol at hard labour for six months. A habeas corpus and certiorari issued; in return, to which the commitment, conviction, information, and depositions, were brought up. On application for her discharge, no motion being made to quash the conviction, it was held,

(1) No objection that the commitment stated the offence to have been committed on the 11th August instead of the 10th, as