Certain pro visions not to 34. The provisions of "The Criminal Procedure Act," except apply to cases as mentioned in the twenty-eighth section, and of "The Summary Convictions Act," shall not apply to any proceedings under this Act. 32-33 V., c. 32, s. 27. under this Act. [18-19 V., c. 126, s. 17.] Act not to trial of juve 35. Nothing in this Act shall affect the provisions of "The affect that for Juvenile Offenders' Act," and this Act shall not extend to persons punishable under that Act, so far as regards offences for which such persons may be punished thereunder. 32-33 V., c. 32, s. 31. nile offenders. [18-19 V., c. 126, s. 17.] at A.B., being of the said Be it remembered that on the in the year charged before me, the undersigned, in the of Given under my hand and seal, the day and year first above mentioned, at aforesaid. J. S. [L.S.] Be it remembered that on the day of A.B., being of the said in the year Given under my hand and seal, the day and year first above mentioned, at aforesaid. J. S. [L.S.] I, the undersigned, case may be) of day of , in the year aforesaid, A.B., being charged before me (and consenting to my trying 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 tried the said charge, dismiss the OTTAWA Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most Excellent Majesty. A. D. 1886. Short title. Interpreta tion. CHAPTER 177. An Act respecting Juvenile Offenders. 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 Juvenile Offenders' Act." 2. In this Act, unless the context otherwise requires,(a.) The expression "two or more justices," or more justi- justices" includes, "Two or 66 66 ces" or "the “justices." In Ontario and Manitoba. In Quebec. In N.S., and B.C. "the (1.) In the Provinces of Ontario and Manitoba 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; (2.) In the Province of Quebec 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; (3.) In the Provinces of Nova Scotia, New Brunswick, N.B., P.E.I. Prince Edward Island, and British Columbia, and in the District of Keewatin, any functionary or tribunal invested by the proper legislative authority with power to do acts usually required to be done by two or more justices of the peace; In the N.-W. T. "Common gaol or other place of confine "ment. Summary trial of per (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 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. 32-33 V., c. 33, s. 1;-37 V., c. 39, s. 3, part ;-39 V., c. 21, sch., part, -40 V., c. 4, sch., part;-47 V., c. 42, s. 2, part;-49 V., c. 25, s. 30. 3. Every person charged with having committed, or sons not more having attempted to commit, or with having been an aider, than sixteen abettor, counsellor or procurer in the commission of any certain offen ces. 82, s. 1; offence which is simple larceny, or punishable as simple larceny, years of age and whose age, at the period of the commission or attempted charged with commission of such offence, does not, in the opinion of the justice before whom he is brought or appears, exceed the age of 10-11 V., c. sixteen years, shall, upon conviction thereof, in open court, 13-14 V., c. upon his own confession or upon proof, before any two or more 37, s. 1.] 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 such justices adjudge. 32-33 V., c. 33, s. 2. person [10-11 V., c. 4. Whenever any person, whose age is alleged not to exceed Compelling sixteen years, is charged with any offence mentioned in the accused to next preceding section, on the oath of a credible witness, before attend. any justice of the peace, such justice may issue his summons or 82, s. 4.) warrant, to summon or to apprehend the person so charged, to appear before any two justices of the peace, at a time and place to be named in such summons or warrant. 32-33 V., c. 33, s. 7. remand or 5. Any justice of the peace, if he thinks fit, may remand Power to for further examination or for trial, or suffer to go at large, take bail. upon his finding sufficient sureties, any such person charged [10-11 V., c. before him with any such offence as aforesaid. 32-33 V., c. 2, s. 5.] 33, s. 8. 6. Every such surety shall be bound by recognizance to be Condition of conditioned for the appearance of such person before the same recognizance. [10-11 V., c. or some other justice or justices of the peace for further exam- 82, s. 5.] ination, or for trial before two or more justices of the peace as aforesaid, or for trial by indictment at the proper court of criminal jurisdiction, as the case may be. 32-33 V., c. 33, s. 9. [10-11 V., c. 7. Every such recognizance may be enlarged, from time to Enlarging or discharging time, by any such justice or justices to such further time as he recognizance, or they appoint; and every such recognizance not so enlarged shall be discharged without fee or reward, when the person has appeared according to the condition thereof. 32-33 V., c. 33, s. 10. 8. 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 : 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. 82, s. 5.] If he does not consent. Justices may to be tried by 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. 32-33 V., c. 38, s. 3. 9. If the justices are of opinion, before the person charged send the case 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 passed; and, in the latter case, shall state in the warrant of commitment the fact of such election having been made. 32-33 V., c. 33, s. 5, part ;-38 V., c. 47, s. 6, part. Summoning witnesses. [10-11 V., c. 82, s. 7.] Binding wit nesses to attend. 10. Any justice of the peace may, by summons, require the attendance of any person as a witness upon the hearing of any case before two justices, under the authority of this Act, at a time and place to be named in such summons. 32-33 V., c. 33, s. 11. 11. Any such justice may require and bind by recognizance every person whom he considers necessary to be examined, [10-11 V., c. touching the matter of such charge, to attend at the time and place appointed by him and then and there to give evidence upon the hearing of such charge. 32-33 V., c. 33, s. 12. 82, s. 7.] Compelling attendance in of refusal or neglect. 10-11 V., c. 82, s. 7.] Service of summmmons. [10-11 V., c. 82, s. 8.] Discharge in certain cases. [10-11 V., c. 82, s. 1.] 12. If any person so summoned or required or bound, as aforesaid, neglects or refuses to attend in pursuance of such summons or recognizance, and if proof is given of such person having been duly summoned, as hereinafter mentioned, or bound by recognizance, as aforesaid, either of the justices before whom any such person should have attended, may issue a warrant to compel his appearance as a witness. 32-33 V., c. 33, s. 13. 13. Every summons issued under the authority of this Act may be served by delivering a copy thereof to the person, or to some inmate at such person's usual place of abode, and every person so required by any writing under the hand or hands of any justice or justices to attend and give evidence as aforesaid, shall be deemed to have been duly summoned. 32-33 V., c. 33, s. 14. 14. 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 person charged,—in the latter case on his finding sureties for his future good behaviour, |