seven, then to the Sheriff of such District as Treasurer of the Building and Jury Fund for such District to form part of the said Fund,—and if it has been imposed in any other District in the said Province, then to the Prothonotary of such District, to be by him applied under the direction of the Lieutenant-Governor in Council, towards the keeping in repair of the Court House in such District, or to be by him added to the moneys and fees collected by him for the erection of a Court House and Gaol in such District, so long as such fees shall be collected to defray the cost of such erection; and in the Province of Nova Scotia to the County Treasurer for County purposes, and in the Province of New Brunswick to the County Treasurer for County purposes.

33. In the interpretation of this Act the word "property" shall be construed to include everything included under the same word or the expression "valuable security," as used in the Act respecting Larceny and other similar offences; and in the case of any "valuable security," the value thereof shall be reckoned in the manner prescribed in the said Act.

34. The Act cited in the first section of this Act chapter one hundred and five of the Consolidated Statutes of Canada is hereby repealed, except as to cases pending under it at the time of the coming into force of this Act and as to all sentences pronounced and punishments awarded under it, as regards all which this Act shall be construed as a re-enactment of the said Aet, with amendments, and not as a new law.

35. This Act shall commence and take effect on the first day of January, in the year of our Lord one thousand eight hundred and seventy.

undersigned

at

day of

", in the year

A. B., being charged before me the

of the said (City), (and consenting to my deciding upon

the charge summarily), is convicted before me, for that he the said A. B. &c. (stating the offence, and the time and place when and where committed), and I adjudge the said A. B., for his said offence, to be imprisoned in the (and there kept to hard labour), for the space of

Given under my hand and seal, the day and year first above mentioned, at

aforesaid.

J. S.

[L. S.

fore me (and consenting to my deciding upon the charge summarily), for that he the said A.B., &c. (stating the offence charged, and the time and place when and where alleged to have been committed), I did, after having summarily adjudicated thereon, dismiss the said charge.

the undersigned

at

day of

in the year

A. B., being charged before me

of the said City (and consenting to my deciding upon the charge summarily), for that he the said A. B., &c. (stating the offence, and the time and place when and where committed), and pleading guilty to such charge, he is thereupon convicted before me of the said offence; and I adjudge him the said A. B. for his said offence, to be imprisoned in the (and there kept to hard labour) for the space of

Given under my hand and seal, the day and year first above-mentioned, at

aforesaid.

J. S. [L.S.]

32 & 33 VIC., CHAP. XXXIII.

An Act respecting the trial and punishment of Juvenile Offenders.

[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 "any two or more Justices," shall, as respects the Province of Quebec, include any two or more Justices of the Peace, the Sheriff of any District except Montreal and Quebec, the Deputy Sheriff of Gaspé, and any Recorder, Judge of the Sessions of the Peace, Police Magistrate, District Magistrate or Stipendiary Magistrate acting within the limits of their respective jurisdictions; and as respects the Province of Ontario, any Judge of the County Court, being a Justice of the Peace, Police Magistrate or Stipendiary Magistrate, or any two Justices of the Peace acting within their respective jurisdictions ;—and as respects the Province of Nova Scotia or the Province of New Brunswick, the said expression shall mean and include any functionary or tribunal invested or to be invested by the proper legislative authority with power to do acts usually required to be done by two or more Justices of the Peace ;-and the expression "the Justices" shall have the same meaning as the expression "two or more Justices of the Peace as above defined ;-and the expression "the Common Gaol or other place of confinement" shall 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.

وو

This Act was extended to Manitoba by the 37 Vic., chap. 39, to the District of Keewatin by the 39 Vic., chap. 21, and to British Columbia by the 37 Vic., chap. 42. The expression “any two or more Justices" and the expression "the Justices" shall, with respect to the Province of Manitoba, have the same meaning and include the like functionaries and tribunals as with respect to the said Provinces of Quebec and Ontario, and the expression "the Common Gaol or other place of confinement" in either of the said Acts shall have the same meaning with respect

to the said Province of Manitoba, as with respect to the other Provinces mentioned in the said Act. 37 Vic., chap. 39, s. 3. In applying the Act to the District of Keewatin and to British Columbia, the expression "any two or more Justices" shall be construed as including any magistrate having the powers of two Justices of the Peace. The Act shall not apply to any offence punishable by imprisonment for two years and upwards, and it shall not be necessary that the recognizance be transmitted to any Clerk of the Peace. 37 Vic., chap. 42, schedule A.; 39 Vic., chap. 21. The Act was also extended to Prince Edward Island by the 40 Vic., chap. 4, but in this Province the expression " any two or more Justices" shall be construed as including any magistrate having the powers of two Justices of the Peace, and the Act shall not apply to any offence punishable by imprisonment for two years and upwards, and it shall not be necessary that the recognizance be transmitted to any Clerk of the Peace. The fines collected under the Act are, in Prince Edward Island, to be paid over to the Provincial Secretary and Treasurer. 40 Vic., chap. 4, s. 8.

2. Every person charged with having committed or having attempted to commit, or with having been an aider, abettor, counsellor or procurer in the commission of any offence which is simple larceny, or punishable as simple larceny, and whose age at the period of the commission or attempted commission of such offence does not, in the opinion of the Justice before whom he is brought or appears as mentioned in section seven, exceed the age of sixteen years, shall upon conviction thereof, in open Court, upon his own、 confession or upon proof, before any two or more Justices, be committed to the Common Gaol or other place of confinement within the jurisdiction of such Justices, there to be imprisoned with or without hard labour, for any term not exceeding three months, or, in the discretion of such Justices, shall forfeit and pay such sum, not exceeding twenty dollars, as the said Justices may adjudge.

3. The Justices before whom any person is charged and proceeded against under this Act, before such person is asked whether he has any cause to show why he should not be convicted, shall say to the person so charged, these words, or words to the like effect :

66

46

"We shall have to hear what you wish to say in answer to the charge against you; but if you wish to be tried by a Jury, you must object now 'to our deciding upon it at once:

And if such person, or a parent or guardian of such person, then objects, such person shall be dealt with as if this Act had not been passed; but nothing in this Act shall prevent the summary conviction of any such person before one or more Justices of the Peace, for any offence for which he is liable to be so convicted under any other Act.

4. If the Justices, upon the hearing of any such case, deem the offence not proved, or that it is not expedient to inflict any punishment, they shall dismiss the party charged, in the latter case on his finding sureties for his future good behaviour, and in the former case without sureties, and then make out and deliver to the party charged, a certificate under the hands of such Justices stating the fact of such dismissal.

Such certificate shall be in the form or to the effect set forth in the form following:

do hereby certify, that on the

M. N., was brought before us the said Justices (or me the said charged with the following offence, that is to say (here state briefly the particulars of the charge,) and that we the said Justices (or I the said thereupon dismissed the said charge.

Given under our hands (or my hand) this

day of

5. If the Justices are of opinion, before the person charged has made his defence, that the charge is from any circumstance a fit subject for prosecution by indictment, or if the person charged, upon being called upon to answer the charge, objects to the case being summarily disposed of under the provisions of this Act, such Justices shall, instead of summarily adjudicating thereupon, deal with the case in all respects as if this Act had not been pass ed but this shall not prevent his being afterwards tried summarily by his own consent by a Judge of a County Court in the Province of Ontario, under any Act then in force for that purpose.

;

6. Every person obtaining such certificate of dismissal as aforesaid, and every person convicted under the authority of this Act, shall be released from all further or other criminal proceedings for the same cause.

7. In case any person whose age is alleged not to exceed sixteen years be charged with any offence mentioned in section two, on the oath of a credible witness before any Justice of the Peace, such Justice may issue his summons or warrant, to summon or to apprehend the person so charged, to appear be