guilty of the offence with which he is charged, and discharge him. accordingly). Witness my hand at day of this NN.-(Section 767.) Canada, Province of County of in the county of in the year FORM OF RECORD WHEN THE PRISONER PLEADS GUILTY. 00.-(Section 781.) O. K., Canada, Province of County of Judge. Be it remembered that A. B. being a prisoner in the gaol of the said county, on a charge of having on the day of in the year , stolen, &c., (one cow, the property of C. D., or as the case may be, stating briefly the offence), and being brought before me (describe the Judge) on the day of " in the year and asked by me if he consented to be tried before me without the intervention of a Jury, consented to be so tried; and that the said A. B. being then arraigned upon the said charge, he pleaded guilty thereof, whereupon I sentenced the said A. B. to (here insert such sentence as the law allows and the Judge thinks right). Witness my hand this day of in the year WARRANT TO APPREHEND WITNESS. O. K., Judge. To all or any of the constables and other peace officers in the said county of Whereas it having been made to appear before me, that E. F., of in the said county of was likely to give material evidence on behalf of the prosecution (or defence, as the case may be) on the trial of a certain charge of (as theft, or as the case may be), against A. B., and that the said E. F. was duly subpoenaed (or bound under recognizance) to appear on the day of at county at in the said " " " in the year before me, to testify what he knows concerning the said charge against the said A. B. And whereas proof has this day been made before me, upon oath of such subpoena having been duly served upon the said E. F., (or of the said E. F. having been duly bound under recognizance to appear before me, as the case may be); and whereas the said E. F. has neglected to appear at the trial and place appointed, and no just excuse has been offered for such neglect: These are therefore to command you to take the said E. F. and to bring him and have him forthwith before me, to testify what he knows concerning the said charge against the said A. B, and also to answer his contempt for such neglect. in the Given under my hand, this day of year PP.-(Section 781.) Canada, Province of County of CONVICTION FOR CONTEMPT. O. K., } 2 " Be it remembered that on the day of in the year in the county of E. F. is convicted before me, for that he the said E. F. did not attend before me to give evidence on the trial of a certain charge against one A. B. of (theft, or as the case may be), although duly subpoenaed (or bound by recognizance to appear and give evidence in that behalf, as the case may be) but made default therein, and has not shown before me any sufficient excuse for such default, and I adjudge the said E F., for his said offence, to be imprisoned in the common gaol of the county of for the space of there to be kept at hard labour (and in case a fine is also intended to be imposed, then proceed,) and I also adjudge that the said E. F. do forthwith pay to and for the use of Her Majesty a fine of dollars. and in default of payment, that the said fine, with the cost of collection, be levied by distress and sale of the goods and chattels of the said E. F. (or in case a fine alone is imposed, then the clause of imprisonment is to be omitted.) at " " " Given under my hand at of Judge. in the said county the day and year first above mentioned. O. K., Judge. PART LV. SUMMARY TRIAL OF INDICTABLE OFFENCES. 782. Definitions. In this part, unless the context otherwise requires, (a.) the expression "Magistrate" means and includes (i) in the provinces of ONTARIO, QUEBEC and MANITOBA, 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 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; (ii.) 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; (iii.) in the provinces of PRINCE EDWARD ISLAND and BRITISH 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; (iv.) in the NCRTH-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 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 property" includes everything included under the same expression or under the expression "valuable security," as defined by this Act, and in the case of any "valuable security, the value thereof shall be reckoned in the manner prescribed in this Act. R.S.C., c. 176, s. 2. 783. Offences to be dealt with under this Part. person is charged before a Magistrate, Whenever any (a.) with having committed theft, or obtained money or property by false pretences, or unlawfully received stolen property, and the value of the property alleged to have been stolen, obtained or received, does not, in the judgment of the Magistrate, exceed ten dollars; or (b.) with having attempted to commit theft; or (c.) 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 wounding any other person; or (d.) with having committed an assault upon any female 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 part of this Act, and such assault, if upon a female, not amounting, in his opinion, to an assault with intent to commit a rape; or (e.) with having assaulted, obstructed, molested or hindered any peace officer or public officer in the lawful performance of his duty, or with intent to prevent the performance thereof; or (f.) with keeping or being an inmate, or habitual frequenter of any disorderly house, house of ill-fame or bawdy-house; or (g) with using or knowingly allowing any part of any premises under his control to be used (i.) for the purpose of recording or registering any bet or wager, or selling any pool; or (ii) keeping, exhibiting, or employing, or knowingly allowing to be kept, exhibited or employed, any device or apparatus for the purpose of recording or registering any bet or wager, or selling any pool; or (h) becoming the custodian or depositary of any money, property, or valuable thing staked, wagered or pledged ; or (i) 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. R.S.C., c. 176, s. 3. 784. When Magistrate shall have absolute Jurisdiction.--The jurisdiction of such Magistrate is absolute in the case of any person charged with keeping or being an inmate or habitual frequenter of any disorderly house, house of illfame or bawdy-house, and does 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 do the provisions of this part affect the absolute summary jurisdiction given to any Justice or Justices of the Peace, in any case by any other part of this Act. (1) R.S.C., c. 176, s. 4. (1) See, at the end of Part LVIII, a list of offences over which Justices have absolute summary jurisdiction. 2. The jurisdiction of the Magistrate is 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 herein before 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 does 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. R.S.C., c. 176, s. 5. 3. The jurisdiction of a Stipendiary Magistrate in the province of Prince Edward Island, and of a Magistrate in the district of Keewatin, under this part, is absolute, without the consent of the person charged. 52 V., c. 46, s. 1. 785. Summary trial in certain cases, in Ontario. 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. R.S.C., c. 176, s. 7. 786. Proceedings on arraignment of accused.-Whenever the Magistrate, before whom any person is charged as aforesaid, proposes to dispose of the case summarily under the provisions of this part, such Magistrate, after ascertaining the nature and extent of the charge, but before the formal examination of the witnesses for the prosecution, and before calling on the person charged for any statement which he wishes to make, shall state to such person the substance of the charge against him, and (if the charge is not one that can be tried summarily without the consent of the accused) shall then say to him these words, or words to the like effect : "Do you consent that the charge against you shall be tried by me, or do you desire that it shall be sent for trial by a Jury at the (naming the court at which it can probably soonest be tried); and if the person charged consents to the charge being summarily tried and determined as aforesaid, or if the power of the Magistrate to try it does not depend on the consent of the accused, the Magistrate shall reduce the charge to writing and read the same to such person, and shall then ask him whether he is guilty or not of such charge. If the person charged confesses the charge the Magistrate shall then proceed to pass such sentence upon him as by law may be passed in respect to such offence, |