offence has been committed, shall be admitted and receivable, notwithstanding the fine incurred by the offence may be Who may be payable for the benefit of such Municipality; but the party who makes the charge in writing before the Justice, shall not be admitted as a witness in the case. S V. c. 45, s. 8. witnesses. Appeal to the sions. Justices to transmit the conviction to the Quarter Sessions. Where actions, &c., are to be tried. 14. In case a person thinks himself aggrieved by any conviction or decision under this Act, then, in case such person, within six days after such conviction or decision, and ten days at least before the first Court of General Quarter Sessions of the Peace, or in Cities before the first Recorder's Court, (if there be a Recorder's Court) to be held not sooner than twelve days next after such conviction or decision, may appeal in the manner provided in and subject to the provisions of the Act respecting Appeals in cases of Summary Conviction. 8 V. c. 45, s. 9. 15. Every Justice of the Peace before whom any person is convicted of any offence against this Act, shall transmit the conviction to the next Court of General Quarter Sessions, or Recorder's Court (as the case may be) to be holden for the County or City wherein the offence was committed, there to be kept by the proper officer among the records of the Court. 8 V. c. 45, s. 10. 16. All actions and prosecutions to be commenced against any person for any thing done in pursuance of this Act, shall be laid and tried in the County where the fact was committed, and must be commenced within six months after the fact committed, and not afterwards; and notice in writing, of such action, and of the cause thereof, must be given to Defendant may the Defendant one month at least before the action; and plead general in any such action the Defendant may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon. 8 V. c. 45, s. 11. issue. Tender of amends, &c. Defendant if successful to have full costs. Distribution of penalties. if пров 17. No Plaintiff shall recover in such action, if tender of sufficient amends be made before such action brought, or ifa sufficient sum of money be paid into Court after such action brought, by or on behalf of the Defendant; and if a ver dict passes for the Defendant, or the Plaintiff becomes non-suit, or discontinues any such action after issue joined, or demurrer or otherwise judgment be given against the Plaintiff, the Defendant may recover his full costs, as between Attorney and Client, and have the like remedy for the same as any Defendant hath by law in other cases. 8 V. c. 45, s. 11. 18. All sums of money awarded or imposed as fines of penalties, by virtue of this Act, shall be paid as follows, that is to say: one moiety thereof shall be paid to the party charging the offence in writing before the Justice, and the other moiety to the Treasurer of the County the the offence was committed, to be by him accounted for in the same manner as for other moneys deposited with or paid over to him. 8 V. c. 45, s. 12. 19. This Act is not to extend to the people called Indians. Not to extend 8 V. c. 45, s. 14. CAP. CV. An Act respecting Petty Trespasses in Upper Canada. to Indians. ER Majesty, by and with the advice and consent of the Aunded by H Legislative Council and Assembly of Canada, enacts as follows: Call 22 low his cattle, permission. 1. Any person who unlawfully enters into, comes upon, No person to or passes through, or turns any Horse, Cattle, Sheep or Swine enter, or to alupon, or permits any such to go or range at large upon, or in any &c., to enter on way trespass upon any land or premises whatsoever, being the land of anwholly or in part inclosed and being the property of any other other without person, shall be liable to a penalty of not less than one dollar nor more than ten dollars for such offence, irrespective of any damage having or not having been occasioned thereby ; and such penalty may be recovered with costs in every case of Penalty for so conviction before any one Justice of the Peace, who shall decide doing; and how the matter in a summary way, and award costs in case of conviction, which may be had either on view, or on confession of the party complained against, or on the oath of one credible witness; but nothing herein contained shall extend to any case where the party trespassing acted under a fair and reasonable supposition that he had a right to do the act complained of, or to any case within the meaning of the twentyeighth section of the Consolidated Statutes of Canada respecting Arson and other malicious injuries to property. 22 V. c. 98, s. 1. (1858.) recoverable. arrest trespas 2. Any person found committing any such trespass as afore- Proprietor or said, may be apprehended without a warrant by any Peace his servant may Officer, or by the owner of the property on which it is committed, ser without or the servant, or any person authorized by him, and be forthwith warrant, and taken to the nearest Justice of the Peace, to be dealt with ac- fore a Justice. cording to law. 22 V. c. 98, s. 2. bring him be 3. Except as herein otherwise provided, all proceedings Provisions of under this Act shall be subject to and in accordance with the the Act respect ing duties of J. provisions of the Consolidated Statutes of Canada, respecting Ps. in cases of the duties of Justices of the Peace out of Sessions in relation to summary comsummary convictions and orders, which shall apply to cases ply to proceedarising under this Act. 22 V. c. 98, s. 3. victions, to ap ings under this 4. Nothingin this Act contained shall authorize any Justice Justice of the of the Peace to hear and determine any case of trespass in Peace not to which the title to any land, or any interest therein or accruing under colour of HHH2 thereupon, this Act. try titles to land To receive and mations, &c. thereupon, shall be called in question or affected in any manner howsoever; but every such case of trespass shall be dealt with according to law in the same manner, in all respects, as if this Act had not been passed. 22 V. c. 98, s. 4. CAP. CVI. An Act respecting County Attorneys. HER Majesty, by and with the advice and consent of the follows: 1. Every County Crown Attorney shall First-Receive and examine all informations, examinations, examine infor- depositions, recognizances, inquisitions and papers connected with criminal charges which the Magistrates and Coroners of the County are hereby required to transmit to him-and when neces sary, he shall cause such charges to be further investigated, and additional evidence to be collected if required, and shall also sue out process to compel the attendance of witnesses and the production of papers, so that prosecutions at the Assizes and Quarter Sessions may not be unnecessarily delayed or fail through want of proof that might be secured; To secure attendance of witnesses. To institute and cutions at Quarter Sessions; Secondly-He shall institute and conduct on the part of the conduct prose- Crown prosecutions for felonies and misdemeanors at the Court of Quarter Sessions for the County he is appointed to, in the same manner as the Law Officers of the Crown institute and conduct similar prosecutions at the Assizes and with like rights and privileges, except as to the right of entering a nolle prosequi, and generally he shall attend to all criminal business at the Court And Recorder's of Quarter Sessions,-and perform also the like duties in the Recorder's Court in those Cities wherein such Courts exist; Courts. Watch over certain cases vate prosecu tors. Thirdly-He shall watch over the conduct of cases at the Court of Quarter Sessions, wherein it is questionable if the conduct combrought by pri- plained of be punishable by law, or where the particular act or omission presents more of the features of a private injury than a public offence; and without unnecessarily interfering with private individuals who wish in such cases to prosecute, may assume wholly the conduct of the case where justice towards the accused seems to demand his interposition; To deliver pa with criminal Fourthly--He shall deliver to the Crown Officer or Counsel appers connected pointed by the Attorney-General, all papers connected with the business at As- criminal business at the Assizes on or before the opening of the sizes to Crown Court; he shall be present at such Court, and if required, shall assist such Crown Officer or Counsel with the Criminal When to offici- business, and in the absence of the Law Officers of the Crown and of such Counsel, he shall represent the Crown Officer. ate thereat. and and take the charge and conduct of the criminal business to be done at the Assizes for his County; mary proceed Magistrates cerned. Fifthly-If required by the general regulations touching his To institute and office to be made in pursuance of the provisions hereinafter con- conduct sumtained--he shall institute and conduct proceedings before ings before Justices of the Peace under any Act or Law conferring sum- where the Pubmary powers to convict for offences in relation to the Public lic Revenue, Revenue, the Public Property, the Public Domain, the Public &c., is conPeace, the Public Health, and any other matter made punishable on summary conviction before Justices of the Peace, and the County Attorney is hereby empowered to institute such proceedings, on a complaint in writing, or as Public Prosecutor, in cases wherein the public interests require the exercise of such office ; Sixthly-If by any Justice of the Peace requested in writing To advise Macontaining a Statement of the particular case, he shall advise gistrates at their request. and instruct such Magistrate in respect to criminal offences brought before him for preliminary investigation or for adjudication; 20 V. c. 59, s. 5. Seventhly-He shall perform all such duties and services as To perform duthe Governor, by regulations in Council, from time to time, pres- ties to be ascribes and directs for carrying out the provisions of any Act gulations in imposing duties upon County Attorneys, and also touching Council. the office of County Attorneys and the prosecution of Criminal offenders. 20 V. c. 59, s. 5, No. 7. 2. No County Attorney shall be qualified to act as such County Attoruntil he has taken, before some County Judge, the following ney to take oath, that is to say: oath of office. "I do swear that I will truly and faithfully, according to the The Oath. "best of my skill and ability, execute the several duties, powers "and trusts of County Attorney for the County of without "favor or affection to any party. So help me God." 20 V. c. 59, s. 6. 3. In every case of misdemeanor tried at the Court of Fees in cases: Quarter Sessions, in which costs are or may be ordered to be conducted by him at trial, paid by a Defendant, the County Attorney shall be entitled to where costs are fees as Attorney and Counsel for services rendered in such case, paid by defendto be taxed by the Court according to the scale of allowance in the County Courts as nearly as the nature of such services will allow; such fees in case of conviction to form part of the costs payable by a Defendant. 20 V. c. 59, s. 7. ant. demeanor 4. In all cases of felony tried as aforesaid, and in all cases And in case of of misdemeanor in which no costs have been ordered to be paid, felony or misor, if ordered to be paid, cannot be made of the Defendant, the when costs are County Attorney shall be entitled to receive for the services not paid by de rendered fendant. Account to be rendered by him. Governor in Council to make regula tions as to duties of County Attorney, &c. Clerks of the rendered by him in each such case the sum of five dollars, to be paid upon certificate of the Chairman of the Court of Quarter Sessions, and to form a portion of the expenses of the administration of Criminal Justice in Upper Canada. 20 V. c. 59, s. 7. 5. The County Attorney shall, on or before the tenth day of February in each year, render an account to the Minister of Finance, under oath, of all emoluments received by him by virtue of his office for the then preceding year. 20 V. c. 59, s. 7. 6. The Governor in Council may from time to time make such general regulations as to him seems expedient, for carrying out the provisions of any Act, imposing duties upon County Attorneys, and also touching the office of County Attorney, and for the prosecution of offenders against the criminal laws of this Province, and may from time to time alter such regulations. 20 V. c. 59, s. 8,-and s. 5, No. 7. 7. No person shall after this Act takes effect be appointed a Clerk of the Peace for any County, who is not a Barrister at law of not less than three years' standing at the Upper Canada Bar; officio County and such Clerk of the Peace shall be ex-officio County Attorney for the County of which he is Clerk of the Peace. 20 V. c. 59, s. 9. Attorneys. Case of unavoidable ab sence or illness of County Attorney provided for. Justices com mitting or bail tions, depositions, &c., to County Attorney who shall be" the proper officer." 8. In case of the illness or unavoidable absence of the County Attorney, the Judge of the County Court of the County may appoint some Barrister at law to act for such County Attor ney during such illness or absence, and notice of the appointment and of the cause thereof shall be sent by such County Attorney to the Governor, who may at any time annul such appointment. 20 V. c. 59, s. 10. 9. In every case where a person is committed for trial, or ing on criminal bailed to answer to a criminal charge, the Justice of the charges, to de- Peace so committing or bailing, shall deliver or cause to be liver informa- delivered without delay to the County Attorney for the County, the informations, depositions, examinations, recognizances and papers connected with the charge; and the County Attorney shall be deemed the "proper officer" of the Courts within the meaning of the Consolidated Statutes of Canada, respecting the duties of Jus tices of the Peace, out of Sessions, in relation to persons charged with indictable offences, and in every case of inquisition found before Coroners, the inquisition and every recognizance taken before them, with the written information (if any), and the depositions and statements (if any) of the accused, shall be forthwith delivered to the County Attorney of the County in which such inquisition has been found; and in every case cases on requi- in which an information has been laid or complaint made before a Justice of the Peace, whether proceedings have been taken therein or not, such Justice shall hand over to the County Like provision in case of inquisitions De fore Coroners. And in other sition of County Attorney. Attorney |