mined, than the fact that the most acute prisoner's attorneys usually advise their clients to reserve their defence, for the trial, no doubt in order that the prosecution may have no opportunity of testing its truth, or bringing witnesses to contradict it.

"The present system affords prisoners every facility for fabricating whatever defence may seem at the last moment best calculated to serve their purposes. Ordinarily there is little time for such purpose before the examination before the Justices, and generally the evidence given before the Justices is presented for the first time to the prisoner, and an answer at once required to it; but if such answer is not then given the prisoner or his friends have all the time between then and the trial, with a full knowledge of the case against him, to get up any defence he can.

"

It is also by no means uncommon that a prisoner is prepared to make one defence before the Justices; and that defence not being heard, there is nothing to prevent him from adopting another and different-defence on his trial. If, however, his witnessess were examined before the Justices, he must stand or fall, on the trial, by that defence, as his attempting to set up another would plainly lead to its being disbelieved."

594. Discharge of accused when no sufficient case. -When all the witnesses on the part of the prosecution and the accused have been heard the justice shall, if upon the whole of the evidence he is of opinion that no sufficient case is made out to put the accused upon his trial, discharge him; and in such case any recognizances taken in respect of the charge shall become void, unless some person is bound over to prosecute under the provisions next hereinafter contained. R.S.C., c. 174, s. 73.

When witnesses are produced and examined on the part of the prisoner, at the preliminary investigation, the proper course to be followed by the Magistrate seems to be this. If the prisoner's witnesses are believed, and their evidence, without actually contradicting the testimony of the witnesses for the prosecution, tends merely to explain the facts proved in support of the charge, and to thus shew the prisoners' innocence, they will thus have made out on behalf of the accused a defence which would render any further proceedings unnecessary. But if the prisoner's witnesses contradict those for the prosecution, in material points, the case would then be a proper one to be sent to a jury to ascertain and decide which of the two conflicting statements is the truth

595. Prosecutor shall be allowed to be bound over to indict.—If the justice discharges the accused, and the person preferring the charge desires to prefer an indictment respecting the said charge, he may require the justice to bind him over to prefer and prosecute such an indictment, and thereupon the justice shall take his recognizance to prefer and prosecute an indictment against the accused before the court by which such accused would be tried if such justice had committed him, and the justice shall deal with the recognizance, information and depositions in the same way as if he had committed the accused for trial.

2. Such recognizance may be in the FORM U IN SCHEDULE ONE hereto, (1) or to the like effect.

3. If the prosecutor so bound over at his own request does not

(1) For Form U. see p. 573, post.

prefer and prosecute such an indictment, or if the Grand Jury do not find a true bill, or if the accused is not convicted upon the indictment so preferred, the prosecutor shall, if the Court so direct, pay to the accused person his costs, including the costs of his appearance on the preliminary inquiry.

4. The Court before which the indictment is to be tried or a judge thereof may in its or his discretion order that the prosecutor shall not be permitted to prefer any such indictment until he has given security for such costs to the satisfaction of such Court or judge. R.S.C., c. 174, s. 80.

596. Committal for trial.—If a justice holding a preliminary inquiry thinks that the evidence is sufficient to put the accused on his trial, he shall commit him for trial by a warrant of commitment, which may be in the FORM V in SCHEDULE ONE hereto, (1) or to the like effect. R.S.C., c. 174, s. 73.

597. Copies of depositions.-Every one who has been committed for trial, whether he is bailed or not, may be entitled at any time before the trial to have copies of the depositions, and of his own statement, if any, from the officer who has custody thoreof, on payment of a reasonable sum not exceeding five cents for each folio of one hundred words. R.S.C., c. 174, s. 74.

598. Recognizance to prosecute or give evidence.—When any one is committed for trial the justice holding the preliminary inquiry may bind over to prosecute some person willing to be so bound, and bind over every witness whose deposition has been taken, and whose evidence in his opinion is material, to give evidence at the court before which the accused is to be indicted.

2. Every recognizance so entered into shall specify the name and surname of the person entering into it, his occupation or profession if any, the place of his residence and the name and number if any of any street in which it may be, and whether he is owner or tenant thereof or a lodger therein.

3. Such recognizance may be either at the foot of the deposition or separate therefrom, and may be in the FORM W, X or Y in SCHEDULE ONE hereto, (2) or to the like effect, and shall be acknowledged by the person entering into the same, and be subscribed by the justice or one of the justices before whom it is acknowledged.

4. Every such recognizance shall bind the person entering into it to prosecute or give evidence (both or either as the case may be), before the court by which the accused shall be tried.

5. All such recognizances and all other recognizances taken under this Act shall be liable to be estreated in the same manner as any forfeited recognizance to appear is by law liable to be estreated by

(1) For Form V. see p. 574, post.

(2) For Forms W, X, and Y, see pp. 574 and 575, post..

the court before which the principal party thereto was bound to appear. R.S.C, c. 174, ss. 75 and 76.

6. Whenever any person is bound by recognizance to give evidence before a justice of the peace, or any Criminal Court, in respect of any offence under this Act, any justice of the peace, if he sees fit, upon information being made in writing and on oath, that such person is about to abscond, or has absconded, may issue his warrant for the arrest of such person; and if such person is arrested any justice of the peace, upon being satisfied that the ends of justice would otherwise be defeated, may commit such person to prison until the time at which he is bound by such recognizance to give evidence, unless in the meantime he produces sufficient sureties; but any person so arrested shall be entitled on demand to receive a copy of the information upon which the warrant for his arrest was issued. 48-49 V., c. 7, s. 9.

599. Witness refusing to be bound over. r.-Any witness who refuses to enter into or acknowledge any such recognizance as aforesaid may be committed by the justice holding the inquiry by a warrant in the FORM Z in SCHEDULE ONE hereto, (1) or to the like effect, to the prison for the place where the trial is to be had, there to be kept until after the trial, or until the witness enters into such a recognizance as aforesaid before a justice of the peace having jurisdiction in the place where the prison is situated: Provided that if the accused is afterwards discharged any justice having such jurisdiction may order any such witness to be discharged by an order which may be in the FORM A A in the SAID SCHEDULE, (2) or to the like effect. R.S.C., c. 174, ss. 78 and 79.

600. Transmission of documents.-The following documents shall, as soon as may be after the committal of the accused, be transmitted to the clerk or other proper officer of the court by which the accused is to be tried, that is to say, the information if any, the depositions. of the witnesses, the exhibits thereto, the statement of the accused, and all recognizances entered into, and also any depositions taken before a coroner if any such have been sent to the justice.

2. When any order changing the place of trial is made the person obtaining it shall serve it, or an office copy of it, upon the person then in possession of the said documents, who shall thereupon transmit them and the indictment, if found, to the officer of the court before which the trial is to take place. R.S C., c. 174, s. 77.

601. Rule as to bail.-When any person appears before any justice charged with an indictable offence punishable by imprisonment for more than five years other than treason or an offence punishable with death, or an offence under Part IV, of this Act,and the evidence adduced is, in the opinion of such justice, sufficient to put the accused on his trial, but does not furnish such a strong presumption of guilt.

(1) For Form Z, see p. 576, post.

(2) For Form A A, see p. 577, post

as to warrant his committal for trial, the justice, jointly with some other justice, may admit the accused to bail upon his procuring and producing such surety or sureties as, in the opinion of the two justices, will be sufficient to ensure his appearance at the time and place when and where he ought to be tried for the offence; and thereupon the two justices shall take the recognizances of the accused and his sureties, conditioned for his appearance at the time and place of trial, and that he will then surrender and take his trial and not depart the court without leave; and in any case in which the offence committed or suspected to have been committed is an offence punishable by imprisonment for a term less than five years any one justice before whom the accused appears may admit to bail in manner aforesaid, and such justice or justices may, in his or their discretion, require such bail to justify upon oath as to their sufficiency, which oath the said justice or justices may administer; and in the default of such person procuring sufficient bail, such justice or justices may commit him to prison, there to be kept until delivered according to law.

2. The recognizance mentioned in this section shall be in the FORM BB in SCHEDULE ONE to this Act. (1) RS.C., c. 174, s. 81.

602. Bail after committal.—In case of any offence other than treason or an offence punishable with death, or an offence under Part IV. of this Act, where the accused has been finally committed as herein provided, any judge of any superior or county court, having jurisdiction in the district or county within the limits of which the accused is confined, may, in his discretion, on application made to him for that purpose, order the accused to be admitted to bail on entering into recognizance with sufficient sureties before two justices, in such amount as the judge directs, and thereupon the justices shall issue a warrant of deliverance as hereinafter provided, and shall attach thereto the order of the judge directing the admitting of the accused to bail.

2. Such warrant of deliverance shall be in the FORM CC in SHEDULE ONE to this Act. (2) R.S.C., c. 174, s. 82.

603. Bail by Superior Court.-No judge of a county court or justices shall admit any person to bail accused of treason or an offence punishable with death, or an offence under Part IV. of this Act, nor shall any such person be admitted to bail, except by order of a Superior Court of Criminal Jurisdiction for the province in which the accused stands committed. or of one of the judges thereof, or, in the province of Quebec, by order of a judge of the Court of Queen's Bench or Superior Court. R.S.C., c. 174, s. 83.

has

604. Application for bail after committal.- When any person been committed for trial by any justice, the prisoner, his counsel solicitor or agent may notify the committing justice, that he will, as soon as counsel can be heard, move before a Superior Court of the province in which such person stands committed, or one of the judges

(1) For Form BB, see p. 577, post.

(2) For Form CC, see p. 578, post.

thereof, or the judge of the county court, if it is intended to apply to such judge, under section six hundred and two, for an order to the justice to admit such prisoner to bail,-whereupon such committing justice shall, as soon as may be, transmit to the clerk of the Crown, or the chief clerk of the court, or the clerk of the county court or other proper officer, as the case may be, endorsed under his hand and seal, a certified copy of all informations, examinations and other evidence, touching the offence wherewith the prisoner has been charged, together with a copy of the warrant of commitment, and the packet containing the same shall be handed to the person applying therefor, for transmission, and it shall be certified on the outside thereof to contain the information concerning the case in question. R.S.C., c. 174, s. 93.

2. Upon such application to any such court or judge the same order concerning the prisoner being bailed or continued in custody, shall be made as if the prisoner was brought up upon a habeas corpus. R.S.C., c. 174, s. 94.

3. If any justice neglects or offends in anything contrary to the true intent and meaning of any of the provisions of this section, the court to whose officer any such examination, information, evidence, bailment or recognizance ought to have been delivered, shall, upon examination and proof of the offence, in a summary manner, impose such fine upon every such justice as the court thinks fit. R.S.C., c. 174, s. 95.

605. Warrant of deliverance.--Whenever any justice or justices admit to bail any person who is then in any prison charged with the offence for which he is so admitted to bail, such justice or justices shall send to or cause to be lodged with the keeper of such prison, a warrant of deliverance under his or their hands and seals, requiring the said keeper to discharge the person so admitted to bail if he is detained for no other offence, and upon such warrant of deliverance being delivered to or lodged with such keeper, he shall forthwith obey the same. R.S.C., c. 174, s. 84.

606. Warrant for arrest of bailed person about to abscond.Whenever a person charged with any offence has been bailed in manner aforesaid, it shall be lawful for any justice, if he sees fit, upon the application of the surety or of either of the sureties of such person and upon information being made in writing and on oath by such surety, or by some person on his behalf, that there is reason to believe that the person so bailed is about to abscond for the purpose of evading justice, to issue his warrant for the arrest of the person so bailed, and afterwards, upon being satisfied that the ends of justice would otherwise be defeated, to commit such person when so arrested to gaol until his trial or until he produces another sufficient surety or other sufficient sureties, as the case may be, in like manner as before.

607. Delivery of accused to prison.-The constable or any of the constables, or other person to whom any warrant of commitment