subject to the provisions of this Act; but if the person charged says that he is not guilty, the Magistrate shall then examine the witnessess for the prosecution, and when the examination has been completed, the Magistrate shall inquire of the person charged whetther he has any defence to make to such charge, and if he states that he has a defence the Magistrate shall hear such defence, and shall then proceed to dispose of the case summarily. R.S.C., c. 176, ss. 8 and 9.

787. Punishment for certain offences under this part.—In the case of an offence charged under paragraph (a) or (b) of section seven hundred and eighty-three, the Magistrate, after hearing the whole case for the prosecution and for the defence, shall, if he finds the charge proved, convict the person charged and commit him to the common gaol or other place of confinement, there to be imprisoned, with or without hard labour, for any term not exceeding six months. R.S.C., c. 176, s. 10.

788. Punishment for certain other offences.-In any case summarily tried under paragraph (c), (d), (e), (f), (g), (h) or (i) of section seven hundred and eighty-three, if the Magistrate finds the charge proved, he may convict the person charged and commit him to the common gaol or other place of confinement, there to be imprisoned, with or without hard labour, for any term not exceeding six months, or may condemn him to pay a fine not exceeding, with the costs in the case, one hundred dollars, or to both fine and imprisonment not exceeding the said sum and term; and such fine may be levied by warrant of distress under the hand and seal of the Magistrate, or the person convicted may be condemned, in addition to any other imprisonment on the same conviction, to be committed to the common gaol or other place of confinement for a further term not exceeding six months, unless such fine is sooner paid. R.S.C., c. 176, s. 11.

789. Proceedings for offences in respect of property worth over ten dollars.—When any person is charged before a Magistrate with theft or with having obtained property by false pretenses, or with having unlawfully received stolen property, and the value of the property stolen, obtained or received exceeds ten dollars, and the evidence in support of the prosecution is, in the opinion of the Magistrate, sufficient to put the person on his trial for the offence charged, such Magistrate, if the case appears to him to be one which may properly be disposed of in a summary way, and may be adequately punished by vritue of the powers conferred by this part, shall reduce the charge to writing, and shall read it to the said person, and, unless such person is one who can be tried summarily without his consent, shall then put to him the question mentioned in section seven hundred and eighty-six, and shall explain to him that he is not obliged to plead or answer before such Magistrate and that if he does not plead or answer before him, he will be committed for trial in the usual course. R.S.C., c. 176, s. 12.

790. Punishment on plea of guilty in such case. If the person charged as mentioned in the next preceding section consents to be tried by the Magistrate, the Magistrate shall then ask him whether he is guilty or not guilty of the charge, and if such person says that he is guilty, the Magistrate shall then cause a plea of guilty to be entered upon the proceedings, and sentence him to the same punishment as he would have been liable to if he had been convicted upon indictment in the ordinary way; and if he says that he is not guilty, the Magistrate shall proceed as provided in section seven. hundred and eighty-six. 52 V., c. 46, s. 2.

791. Magistrate may decide not to proceed summarily.—If, in any proceeding under this part, it appears to the Magistrate that the offence is one which, owing to a previous conviction of the person charged, or from any other circumstance, ought to be made the subject of prosecution by indictment rather than to be disposed of summarily, such Magistrate may, before the accused person has made his defence, decide not to adjudicate summarily upon the case; but a previous conviction shall not prevent the Magistrate from trying the offender summarily, if he thinks fit so to do. R.S.C., c. 176, s. 14.

792. Election of trial by Jury to be stated on warrant of committal. -If, when his consent is necessary, the person charged elects to be tried before a Jury, the Magistrate shall proceed to hold a preliminary inquiry as provided in Parts XLIV. and XLV., and if the person charged is committed for trial, shall state in the warrant of committal the fact of such election having been made. R.S.C., c. 176, s 15.

793. Full defence allowed.-In every case of summary proceedings under this part the person accused shall be allowed to make his full answer and defence, and to have all witnesses examined and cross-examined by Counsel or Solicitor. R.S.C., c. 176, s. 16.

794. Proceedings to be in open Court.-Every Court held by a Magistrate for the purposes of this part shall be an open Public Court.

795. Procuring attendance of witnesses.-The Magistrate before whom any person is charged under the provisions of this part may, by summons, require the attendance of any person as a witness upon the hearing of the case, at a time and place to be named in such summons, and such Magistrate may bind, by recognizance, all persons whom he considers necessary to be examined, 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; and 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 made of such person having been duly summoned as hereinafter mentioned, or bound by recognizance as aforesaid, the Magistrate before whom such person should have

attended may issue a warrant to compel his appearance as a witness. R.S.C., c. 176, s. 18.

796. service of summons.— -Every summons issued under the provisions of this part may be served by delivering a copy of the summons to the person summoned, or by delivering a copy of the summons to some inmate of such person's usual place of abode apparently over sixteen years of age; and every person so required by any writing under the hand of any Magistrate to attend and give evidence as aforesaid, shall be deemed to have been duly summoned. R.S.C., c. 176, s. 19.

797. Dismissal of charge. Whenever the Magistrate finds the offence not proved, he shall dismiss the charge, and make out and deliver to the person charged a certificate under his hand stating the fact of such dismissal. R.S.C., c. 176, s. 20.

798. Effect of conviction.—Every conviction under this part shall have the same effect as a conviction upon indictment for the same offence. R.S.C., c. 176, s. 22.

799. Certificate of dismissal a bar to further proceeding.— Every person who obtains a certificate of dismissal or is convicted under the provisions this part, shall be released from all further or other criminal proceedings for the same cause. R.S.C., c. 176, s. 23.

It has been held in England, under statutory provisions similar to the above that, where a case summarily dealt with has been dismissed by the Magistrate or Justice on its merits, the defendant has the right ex debito justitia to receive the certificate of dismissal. (1)

The certificate of dismissa! should only be granted when there has been a full hearing on the merits. If granted on a withdrawal of the charge before hearing, it will be no bar to subsequent proceedings for the same offence. (2) See comments at pp. 183 and 184, ante. See also comments and authorities at pp. 596 and 597, and form of plea of summary conviction or acquittal, at p. 600, ante; and see Articles 821, 865 and 867 post.

800. Proceedings not to be void for defect in form. No conviction, sentence or proceeding under the provisions of this part shall be quashed for want of form; and no warrant of commitment upon a conviction shall be held void by reason of any defect therein, if it is therein alleged that the offender has been convicted, and there is a good and valid conviction to sustain the same. R.S.C., c. 176, s. 24.

801. Result of hearing to be filed in Court of Sessions. - The Magistrate adjudicating under the provisions of this part shall transmit the conviction, or a duplicate of a certificate of dismissal, with the written charge, the depositions of witnesses for the prosecution and for the defence, and the statement of the accused, to the next Court of General or Quarter Sessions of the Peace or to the Court discharging the functions of a Court of General or Quarter Sessions

(1) Hancock v. Somes 1 E & E, 795; 28 L. J. (M. C.) 196. Costar v. Hetherington, 1 E & E, 802; 29 L. J. (M. C.) 198.

(2) Reed v. Nutt, 24 Q. B. D. 669.

of the Peace, for the district, county or place, there to be kept by the proper officer among the records of the Court. R.S.C., c. 176, s. 25.

802. Evidence of conviction or dismissal.-A copy of such conviction, or of such certificate of dismissal, certified by the proper officer of the Court, or proved to be a true copy, shall be sufficient evidence to prove a conviction or dismissal for the offence mentioned therein, in any legal proceedings. R.S.C., c. 176, s. 26.

803. Restitution of property.—The Magistrate by whom any person has been convicted under the provisions of this part may order restitution of the property stolen, or taken or obtained by false pretenses, in any case in which the Court, before whom the person convicted would have been tried, but for the provisions of this part, might by law order restitution. R.S.C., c. 176, s. 27.

804. Remand for further investigation,—Whenever any person is charged before any Justice or Justices of the Peace, with any offence mentioned in section seven hundred and eighty-three, and in the opinion of such Justice or Justices the case is proper to be disposed of summarily by a Magistrate, as herein provided, the Justice or Justices before whom such person is so charged may, if he or they see fit, remand such person for further examination before the nearest Magistrate in like manner in all respects as a Justice or Justices are authorized to remand a person accused for trial at any Court, under Part XLV., section five hundred and eighty-six ; but no Justice or Justices of the Peace, in any province, shall so remand any person for further examination or trial before any such Magistrate in any other province. Any person so remanded for further examination before a Magistrate in any city, may be examined and dealt with by any other Magistrate in the same city. R.S.C., c. 176, ss. 28, 29 and 30.

805. Non-appearance of accused under recognizance.—If any person suffered to go at large upon entering into such recognizance as the justice or justices are authorized, under Part XLV., section five hundred and eighty-seven, to take on the remand of a person accused, conditioned for his appearance before a Magistrate, does not afterwards appear, pursuant to such recognizance, the Magistrate before whom he should have appeared shall certify, under his hand on the back of the recognizance, to the Clerk of the Peace of the district, county or place, or other proper officer, as the case may be, the fact of such non-appearance, and such recognizance shall be proceeded upon in like manner as other recognizances; and such certificate shall be prima facie evidence of such non-appearance without proof of the signature of the Magistrate thereto. R.S.C., c. 176, s. 31.

806. Application of fines.—Every fine and penalty imposed under the authority of this part shall be paid as follows, that is to say :— (a.) In the province of Ontario, to the Magistrate who imposed the same, or the Clerk of the Court or Clerk of the Peace, as the

case may be, to be paid over by him to the County Treasurer for county purposes;

(b.) In any new district in the province of Quebec, to the Sheriff of such district, as Treasurer of the building and Jury fund for such district, to form part of such fund,-and if in any other district in the said province, to the Prothonotary of such district, to be applied by him, under the direction of the Lieutenant-Governor in Council, towards the keeping in repair of the Court-House in such district, or to be added by him 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 are collected to defray the cost of such erection ;

(c.) In the provinces of Nova Scotia and New Brunswick, to the county treasurer for county purposes; and

(d.) In the provinces of Prince Edward Island, Manitoba and British Columbia, to the treasurer of the province. R.S.C., c. 176, s. 32.

807. Forms to be used.-Every conviction or certificate may be in the form QQ, RR, or SS in Schedule One hereto applicable to the case, or to the like effect, (1) and whenever the nature of the case requires it, such forms may be altered by omitting the words stating the consent of the person to be tried before the magistrate, and by adding the requisite words, stating the fine imposed, if any, and the imprisonment, if any, to which the person convicted is to be subjected if the fine is not sooner paid. R.S.C., c. 176, s. 33.

808. Certain provisions not applicable to this Part.-The provisions of this Act relating to preliminary inquires before justices, except as mentioned in sections eight hundred and four and eight hundred and five and of Part LVIII., shall not apply to any proceedings under this part. Nothing in this part shall affect the provisions of Part LVI., and this part shall not extend to persons punishable under that part so far as regards offences for which such persons may be punished thereunder. R.S.C., c. 176, ss. 34 and 35.