Time to plead may be allow ed upon cause shewn. Traverse at lished. Court may on cause shewn allow defendant time for pre 2. In case such defendant appears to such information or indictment by Attorney, such defendant shall not imparle to a following term, but a rule, requiring him to plead, may forthwith be given and served, and a plea to such information or indictment may be enforced, or judgment in default may be entered, in the same manner as might have been done formerly in cases where the defendant had appeared to such information or indictment by Attorney in a previous term; but the Court or any Judge of either of the said Courts, upon sufficient cause shewn for that purpose, may allow further time for such defendant to plead or demur to such information or indictment. 20 V. c. 62, s. 1. 3. No person prosecuted shall traverse or postpone the trial Sessions, abo- of any indictment found against him at any Session of Oyer and Terminer and Gaol Delivery or at any Session of the Peace or Recorder's Court; but if the Court upon his application or otherwise be of opinion that the defendant ought to be allowed a further time either to prepare for his defence or otherwise, paring defence. such Court may adjourn the trial to the next subsequent Session, upon such terms as to bail or otherwise, as to such Court seems meet, and may respite the recognizances of the prosecutor and witnesses accordingly, in which case such prosecutor and witnesses shall be bound to attend to prosecute and give evidence at such subsequent Session, without entering into any fresh recognizances for that purpose. 20 V. c. 62, In Crown prosecutions for misdemeanor not brought to trial in 12 months after plea of not guilty, Court may order trial un less nolle prose qui be entered. Witnesses need s. 2. 4. In case any prosecution for misdemeanor instituted by Her Majesty's Attorney or Solicitor General, in any of the Courts aforesaid, be not brought to trial within twelve months next after the plea of not guilty has been pleaded thereto, the Court in which such prosecution is depending, upon application made on behalf of any defendant in such prosecution, of which application twenty days' previous notice is to be given to Her Majesty's Attorney or Solicitor General, may make an Order, authorizing such defendant to bring on the trial of such prosecution; and thereupon such defendant may bring on such trial acordingly, unless a nolle prosequi be entered to such prosecution. 20 V. c. 62, s. 3. CAP. CIX. An Act to facilitate the Despatch of Business before HER ER Majesty, by and with the advice and consent of the follows: 1. It shall not be necessary for any person to take an oath in open Court in order to qualify him to give evidence before any Grand Jury. 20 V. c. 4, s. 2. Grand Juries 2. The Foreman of every Grand Jury empannelled in Upper Witnesses exCanada, may administer an oath to every person who, under amined before the circumstances hereafter enacted, appears before such Grand may be sworn Jury to give evidence in support of any Bill of Indictment; and in the presence of the jurors. every such person may be sworn and examined upon oath by such Grand Jury, touching the matters in question. 3. The name of every witness examined, or intended to be The names to so examined, shall be endorsed on the Bill of Indictment; be endorsed on and the Foreman of the Grand Jury shall write his initials marked with against the name of each witness sworn by him and examined the initials of touching such Bill of Indictment. the Foreman. The names to be submitted 4. The name of every witness intended to be examined on any Bill of Indictment shall be submitted to the Grand Jury by the Crown Counsel at the Assizes, and by the prosecuting Jury by the officer acting on behalf of the Crown at all other Courts, and Queen's Counnone others shall be examined by or before such Grand Jury, others examiunless upon the written order of the presiding Judge. sel, and none ned without 5. Nothing in this Act shall affect any Fees by law payable Fees to officers to any Officer of any Court for swearing witnesses, but such for swearing Fees shall remain payable as if the Witnesses had been sworn paid as usual. in open Court. 20 V. c. 4, s. 1. witnesses to be 6. The word "Foreman" shall include any member of the Interpretation Grand Jury who may, for the time being, act on behalf of the of terms. Foreman in the examination of witnesses in support of any Bill of Indictment, and the word "Oath" shall include affirmation, where by law an affirmation is required or allowed to be taken in lieu of an oath. 20 V. c. 4, s. 3. САР. СХ. An Act to allow to any person indicted a Copy of the H TER Majesty, by and with the advice and consent of the follows: ment to be de- livered to pri tain charges. 1. Any person indicted in any of Her Majesty's Courts in Copy of indictUpper Canada, for any felony or misdemeanor, may apply to such Court for a copy of the indictment, and the same shall, with all convenient expedition, be made out and delivered to such person, upon payment to the Clerk or officer at the rate of fifteen cents for every one hundred words contained in such indictment; but such copy shall not be received in evidence upon any trial for a malicious prosecution. 6 W. 4, c. 44, s. 2. САР. CAP. CXI. Courts of re cord including Courts of Oyer and Terminer and General Gaol Delivery, Quarter Ses corder's Courts may amend certain variances at the trial, &c. An Act respecting Amendments at Trial. ER Majesty, by and with the advice and consent of the follows: 1. Every Court of Record holding plea in Civil Actions, every Judge sitting in Nisi Prius, every Court of Oyer and Terminer and General Gao! Delivery, and every Court of General Quarter Sessions of the Peace, including Recorder's Courts, in Upper Canada, may cause the record on which any trial may be pending sions and Re- before any such Court or Judge upon any indictment or infor mation for any misdemeanor, when any variance appears be tween any matter in writing or in print produced in evidence, and the recital or setting forth thereof upon the record whereon the trial is pending, to be forthwith amended in such particular by some officer of the Court, on payment of such costs (if any) to the other party as such Court or Judge may think reasonable, and thereupon the trial shall proceed as if no such variance had appeared; and in case such trial be had at Nisi Prius, the or der for the amendment shall be endorsed on the postea and returned with the record, and thereupon the papers, rolls and other records of the Court, from which such record issued, shall be amended accordingly. 1 W. 4, c. 1, s. 1. Any Question of law may be reserved by certain Courts for the opinion of one of the Superior Courts of Law, &c. CAP. CXII. An Act respecting the reservation of Points of Law in Criminal Cases. HE ER Majesty, by and with the advice and consent of the follows: 1. When a person has been convicted of treason, felony or misdemeanor before any Court of Oyer and Terminer, Gaol Delivery, or Quarter Sessions, including Recorder's Courts, the Judge, Recorder or Justices of the Peace before whom the case was tried, may, in his or their discretion, reserve any question of law which arose on the trial, for the consideration of the Justices of either of Her Majesty's Superior Courts of Common Law, and thereupon may respite execution of the judgment on such conviction, or postpone the judgment, until such question has been considered and decided, and in either case, the Court at which the trial took place shall in its discretion, commit the person convicted to prison, or take a recognizance of bail, with one or two sufficient sureties, in such sum as the Court thinks fit, conditioned for his appearance at such time as the Court directs, to receive judgment or to render render himself in execution, as the case may be. c. 13, s. 1. 14, 15 V. Superior Court. 2. The Judge, Recorder, or Chairman of the Court of Quarter Case to be Sessions, shall thereupon state in a case to be signed by such stated and cerJudge, Recorder or Chairman, the question or questions of law tified to such so reserved, with the special circumstances upon which the same arose; and such case shall be transmitted by such Judge, Recorder or Chairman to one or other of the said Superior Courts on or before the last day of the first week of the Term of such Superior Courts next after the time when such trial was had. 14, 15 V. c. 13, S. 2. 3. The Justices of either of the Superior Courts to which the Powers of the case may be transmitted as aforesaid, shall hear and finally Judges of such Superior Court. determine the said questions, and reverse, affirm or amend any judgment given on the indictment or inquisition on the trial whereof such questions arose, or shall avoid such judgment, or order an entry to be made on the record, that in the judgment of the said Justices the party convicted ought not to have been convicted, or shall arrest the judgment, or if no judgment has been given, shall order judgment to be given thereon at some future Session of Oyer and Terminer or Gaol Delivery, or Sessions of the Peace or Recorder's Court, or shall make such other order as justice may require. 14, 15 V. c. 13, s. 2. Court below: 4. The judgment and order of the said Justices shall be Judgment to be certified under the hand of the Chief Justice or Senior Judge certified to the of such Court to the Clerk of Assize, or to the Clerk of the its consequenPeace, or Recorder's Clerk, as the case may be, who shall enter ces. the same on the original record in proper form, and a certificate of such entry, under the hand of the Clerk of Assize, or the Clerk of the Peace, or the Recorder's Clerk, as the case may be, in the form as near as may be, or to the effect mentioned in the Schedule annexed to this Act, with the necessary alterations to adapt it to the circumstances of the case, shall be delivered or transmitted by him to the Sheriff or Gaoler in whose custody the person convicted is, and the said certificate shall be sufficient warrant to such Sheriff or Gaoler, and all other persons, for the execution of the judgment, as so certified to have been affirmed or amended, and execution shall thereupon be executed on such judgment, or if the judgment has been reversed, avoided or arrested, the person convicted shall be discharged from further imprisonment, and the next Court of Oyer and Terminer or Gaol Delivery, or Sessions of the Peace, or Recorder's Court, shall vacate the recognizance of bail, if any; or if the Court below be directed to give judgment, such Court shall proceed to give judgment at the next Session. 14, 15 V. c. 13, s. 2. How the judgment of the Superior Court shall be delivered. Case may be sent back for amendment. 5. The judgments of the Justices of the said Superior Courts shall be delivered in open Court, after hearing Counsel or the parties, in case the prosecutor or person convicted thinks it fit that the case should be argued, in like manner as the judgments of the said Superior Courts are delivered. 14, 15 V. c. 13, s. 3. 6. The said Justices of the said Superior Courts, when a case has been reserved for their opinion, may, if they think fit, cause the case or certificate to be sent back for amendment, and judgment may be delivered after it has been amended. 14, 15 V. c. 13, s. 4. SCHEDULE. Whereas at the Session of the Peace, for the County (or United Counties or City) of before held on and others, their fellows (or at the Session of Oyer and Terminer and Gaol Delivery, held for the County (or United Counties) of before the Honorable of on one of the Justices of , and others, his fellows, Justices of Oyer and Terminer and Gaol Delivery,) A. B., late having been found guilty of felony, and judgment thereon given, that (state the substance,) the Court before whom he was tried reserved a certain question of law for the consideration of the Justices of one of the Superior Courts of Common Law, and execution was thereupon respited in the meantime (as the case may be); This is to certify that the Justices of the Court of Queen's Bench (or Common Pleas) having met at Toronto, in Term, or the sittings after Term, it was considered by the said Justices there, that the Judgment aforesaid should be annulled, and an entry made on the record, that the said A. B. ought not, in the Judgment of the said Justices, to have been convicted of the felony aforesaid; and you are therefore hereby required forthwith to discharge the said A. B. from your custody. |