General Form. County (or district) of at The jurors for Our Lady the Queen, to wit: upon their oath, present that A.B., on the day of did (here describe the offence in the terms in which it is described in the law, or state such facts as constitute the offence intended to be charged, and if the offence is felony, state the act to have been done feloniously). [11-12 V., c. 78, Sch.] THIRD SCHEDULE. Whereas at (stating the session of the court before which the person was convicted), held for the county (or united counties) of before on, A. B., late of having been found guilty of felony, and judgment thereon given, that (state the substance), the court before whom he was tried reserved a certain question of law for the consideration of the justices of (name of court), and execution was thereupon respited in the meantime (as the case may be): This is to certify that the justices of (name of court) having met at in term (or as the case may be), it was considered by the said justices there, that the judgment aforesaid should be annulled, and an entry made on the record, that the said A. B. ought not, in the judgment of the said justices, to have been convicted of the felony aforesaid; and you are therefore hereby required forthwith to discharge the said A.B. from your custody. E. F. To the sheriff of the gaoler of (Signed), Clerk of (as the case may be). all others whom it may concern. 32-33 V., c. 29, sch. A, and c. 30, sch. ;-C. S. U. C., c. 112, sch. ;-C. S. L. C., c. 77, sch. A. ;-R. S. N. S. (3rd S.), c. 171, sch. ;—1 R. S. N. B., Title XL, and sch., Form (U). OTTAWA Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most CHAPTER 175. An Act for the speedy trial, in the Provinces of Ontario, A. D. 1886. Quebec and Manitoba, of certain indictable offences. This Act was repealed by 52 V., c. 47, which is substituted for it (s. 20). OTTAWA Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most A. D. 1886. Short title. Interpretation. Magis. 64 trate. and Man. CHAPTER 176. An Act respecting the Summary Administration of HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. This Act may be cited as "The Summary Trials Act." 2. In this Act, unless the context otherwise requires.(a.) The expression "magistrate" means and includes,(1.) In the Provinces of Ontario, Quebec and Manitoba, any In Ont., Que. 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 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 acting within the local limits of his or of its jurisdiction: In N. S. and In P. E. I. (2.) In the Provinces of Nova Scotia and New Brunswick, any recorder, judge of a county court, stipendiary magistrate or police magistrate, acting within the local limits of his jurisdiction, and any commissioner of police and any functionary, tribunal or person 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 : (3.) In the Provinces of Prince Edward Island and British and B. C., &c. Columbia and in the District of Keewatin, any two justices of the peace sitting together, and any functionary or tribunal having the powers of two justices of the peace: In the 66 Common gaol or other place "ment. (4.) In the North-West Territories, any judge of the Supreme Court of the said Territories, any two justices of the peace sitting together, and any functionary or tribunal having the powers of two justices of the peace : (b.) The expression "the common gaol or other place of confinement," in the case of any offender whose age at the time of of confine his conviction does not, in the opinion of the magistrate, exceed sixteen years, includes 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 may be sent; and (c.) The expression " property " includes everything included "Property." under the same expression or under the expression "valuable security," as defined by "The Larceny Art," and in the case of any valuable security," the value thereof shall be reckoned in the manner prescribed in the said Act. 32-33 V., c. 32, ss. 1 and 33-37 V., c. 39, s. 3 ;--37 V., c. 40, s. 1:39 V., c. 21, sch., part-40 V., c. 4, sch., part ;-47 V., c. 42, s. 1, part ;49 V., c. 25, s. 30. ces specified. 18-19 V., c. 126, s. 1.] 3. Whenever any person is charged before a magistrate,- Certain offen(a.) With having committed simple larceny, larceny from Larceny, &c. the person, embezzlement or obtaining money or property by false pretences, or feloniously receiving stolen property, and the value of the property alleged to have been stolen, embezzled, obtained or received, does not, in the judgment of the magistrate, exceed ten dollars, (b) With having attempted to commit larceny from the Attempts at larceny. person, or simple larceny, (c.) With having committed an aggravated assault by unlaw- Aggravated fully and maliciously inflicting upon any other person, either assault. with or without a weapon or instrument, any grievous bodily harm, or by unlawfully and maliciously wounding any other person, females or children. (d.) With having committed an assault upon any female Assaults on whatsoever, 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, magistrates (e.) With having assaulted, obstructed, molested or hindered Assaults on any magistrate, bailiff or constable, or officer of customs or or officers. excise or other officer, in the lawful performance of his duty, or with intent to prevent the performance thereof,— (f.) With keeping or being an inmate, or habitual frequenter Disorderly of any disorderly house, house of ill-fame or bawdy-house, or houses. (g.) With using or knowingly allowing any part of any pre- Using premises under his control to be used for the purpose of recording ses for betor registering any bet or wager, or selling any pool, or— Keeping, exhibiting or employing, or knowingly allowing to be kept, exhibited or employed, in any part of any premises under his control, any device or apparatus for the purpose of recording or registering any bet or wager, or selling any pool, or Becoming the custodian or depositary of any money, property, or valuable thing staked, wagered or pledged, or selling. Summary trial. Jurisdiction absolute in Recording or registering any bet or wager, or selling any pool, Upon the result of any political or municipal election, or of any race, or of any contest or trial of skill or endurance of man or beast, The magistrate may, subject to the provisions hereinafter made, hear and determine the charge in a summary way. 32-33 V., c. 32, s. 2;-40 V., c. 31, s. 3. 4. The jurisdiction of such magistrate shall be absolute in of magistrate the case of any person charged, within the police limits of any certain cases. city in Canada, with therein keeping or being an inmate or habitual frequenter of any disorderly house, house of ill-fame or bawdy house, and shall not depend on the consent of the person charged to be tried by such magistrate, nor shall such person 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. 32-33 V., c- 32, s. 15. And as to certain persons. Trial by consent before magistrate in Ontario, in stead of Court of G. S. 5. The jurisdiction of the magistrate shall be absolute in the case of any person who, being a seafaring person and only transiently in Canada, and having no permanent domicile therein, is 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 such magistrate, with the commission therein of any of the offences hereinbefore mentioned, and also in the case of any other person charged with any such offence on the complaint of any such seafaring person whose testimony is essential to the proof of the offence; and such jurisdiction shall not depend on the consent of any such person to be tried by the magistrate, nor shall such person be asked whether he consents to be so tried. 32-33 V., c. 32, s. 16. 6. * * * * Repealed and new section substituted by 52 V., c. 46, s. 1. 7. If any person is charged, in the Province of Ontario, before a police magistrate or before a stipendiary magistrate in any county, district or provisional county in such Province, with having committed any offence for which he may be tried at a court of General Sessions of the Peace, or if any person is committed to a gaol in the county, district or provisional county, under the warrant of any justice of the peace, for trial on a charge of being guilty of any such offence, such person may, with his own consent, be tried before such magistrate, and may, if found guilty, be sentenced, by the magistrate, to the same punishment as he would have been liable to if he had been tried before the Court of General Sessions of the Peace. 38 V., c. 47, ss. 1 and 2. |