CONDITION. The condition of the within written recognizance is such, that whereas the said A. B. was this day charged before (us,) the justices within mentioned for that (&c., as in the warrant); if therefore the said A. B. will appear at the next Court of Oyer and Terminer (or General Gaol Delivery or Court of General or Quarter Sessions of the Peace) to be holden in and for the District (or County, United Counties, or as the case may be) of and there surrender himself into the custody of the Keeper of the (common gaol or lock-up house) there, and plead to such indictment as may be found against him by the grand jury, for and in respect to the charge aforesaid, and take his trial upon the same, and not depart the said court without leave, then the said recognizance to be void, or else to stand in full force and virtue. (S 2) See s. 52. NOTICE OF THE SAID RECOGNIZANCE TO BE GIVEN TO THE ACCUSED AND HIS BAIL. Take notice that you A. B., of sum of and your sureties (L. M. and N. O.) in each, that you A. B. appear (&c., as in the condition of the recognizance,) and not depart the said court without leave; and unless you, the said A. B., personally appear and plead, and take your trial accordingly, the recognizance entered into by you and your sureties shall be forthwith levied on you and them. Dated this hundred and day of To the keeper of the common gaol of the District (or County, United Counties, or as the case may be) of at in the said District (or County, United Counties, or as the case may be) Whereas A. B. late of (laborer,) hath before (us) (two) of Her Majesty's Justices of the Peace in and for the said District (or County, United Counties, or as the case may be) of 'entered into his own recognizance, and found sufficient sureties for his appearance at the next Court of Oyer and Terminer or General Gaol Delivery (or Court of General or Quarter Sessions of the Peace) to be holden in and for the District (or County, United Counties, (or as the case may be) of to answer Our Sovereign Lady the Queen, for that (&c., as in the commitment), for which he was taken and committed to your said common gaol: These are therefore to command you, in Her said Majesty's name, that if the said A. B. do remain in your custody in the said common gaol for the said cause, and for no other, you shall forthwith suffer him to go at large. Given under our hands and seals, this in the year of our Lord in the District (or County, &c., day of , at aforesaid. of To all or any of the constables, or other peace officers, in the District (or County, United Counties, or as the case may be) and to the keeper of the common gaol of the District (or County, United Counties, or as the case may be) in the said District (or County, at &c.,) of Whereas A. B. was this day charged before (me) J. S. (one) of Her Majesty's Justices of the Peace in and for the said District (or County, United Counties, or as the case may be) on the oath of C. D., of (farmer), of and others, for that, (&c., stating shortly the offence; These are are therefore to command you the said constables or peace officers, or any of you, to take the said A. B., and him safely convey to the common gaol at aforesaid, and there deliver him to the keeper thereof; together with this Precept; And I do hereby command you the said keeper of the said common gaol to receive the said A. B., into your custody in the said common gaol, and there safely to keep him until he shall be thence delivered by due course of law. GAOLERS' RECEIPT TO THE CONSTABLE FOR THE PRISONER. I hereby certify that I have received from W. T., constable, of the District (or County, &c.,) of the body of A. B., together with a warrant under the hand and seal of J. S., Esquire, one of Her Majesty's Justices of the Peace for the said District (or County, United Counties, or as the case may be, ) of and that the said A. B., was (sober, or as the case may be,) at the time he was delivered into my custody. P. K. Keeper of the common gaol of the said District (or County, &c,) СНАР. 3 I. An Act respecting the duties of Justices of the Peace, out of Sessions, in relation to summary convictions and orders. [Assented to 22nd June, 1869.] WHEREAS it is expedient to assimilate, amend and con- Preamble. solidate the statute law of the several Provinces of Quebec, Ontario, Nova Scotia, and New Brunswick, respecting the duties of Justices of the Peace out of Sessions in relation to summary convictions and orders, and to extend the same as so amended to all Canada: Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: When an information is laid, &c., before a Jus tice of the Peace, &c., such justices may issue a summons to the party accused. 1. In all cases where an information is laid before one or more of Her Majesty's Justices of the Peace for any territorial division of Canada, that any person, being within the jurisdiction of such justice or justices, has committed or is suspected to have committed any offence or act over which the Parliament of Canada has jurisdiction, and for which he is liable by law, upon a summary conviction for the same before a Justice or Justices of the Peace, to be imprisoned or fined, or otherwise punished, and also in all cases where a complaint is made to any such justice or justices in relation to any matter over which the Parliament of Canada has jurisdiction, and upon which he or they have authority by law to make any order for the payment of money or otherwise, such Justice or Justices of the Peace may issue his or their summons (A), directed to such person, stating shortly the matter of the information or complaint, and requiring him to appear at a certain time and place, before the same justice or justices, or before such other justice or justices of the same territorial division as may then be there, to answer to the said information or complaint, and to be further dealt with according to law. 2. Every such summons shall be served by a constable or other peace officer, or other person to whom the same may be delivered, upon the person to whom it is directed, by delivering the same to the party personally, or by leaving it with some person for him at his last or most usual place of abode. 3. The constable, peace officer, or person who serves the same, shall attend at the time and place, and before the justice or justices in the summons mentioned, to depose, if necessary, to the service thereof. Proviso as to"] 4. But nothing herein before contained shall oblige any ex parte cases. Justice or Justices of the Peace to issue any such summons in any case where the application for any order of justices is by law to be made ex parte. No objection allowed on account of defect or variance. Proviso. 5. No objection shall be allowed to any information, complaint or summons, for any alleged defect therein, in substance or in form, or for any variance between such information, complaint or summons, and the evidence adduced on the part of the informant or complainant at the hearing of such information or complaint; but if any such variance appears to the justice or justices present and acting at such hearing to be such, that the person summoned and appearing has been thereby deceived or misled, such justice or justices, may, upon such terms as he or they think fit, adjourn the hearing of the case to a future day. is not obeyed, 6. If the person served with a summons does not appear If the sumbefore the justice or justices at the time and place mentioned mons having been duly in the summons, and it be made to appear to the justice or served, &c., justices, by oath or affirmation, that the summons was duly the justice served what the justice or justices deem a reasonable time be- may issue his fore the time therein appointed for appearing to the same, then warrant. the justice or justices, upon oath or affirmation being made before him or them, substantiating the matter of the information or complaint to his or their satisfaction, may, if he or they think fit, issue his or their warrant (B) to apprehend the party so summoned, and to bring him before the same justice or justices or before some other Justice or Justices of the Peace in and for the same territorial division, to answer to the said information or complaint, and to be further dealt with according to law; or the justice or justices before whom Warrant may any such information is laid, for any such offence as afore-issue in the said, punishable on conviction, upon oath or affirmation being on informamade before him or them substantiating the matter of the tion supported by information to his or their satisfaction, may, if he or they oath, &c. think fit, instead of issuing a summons, issue in the first instance his or their warrant (C) for apprehending the person against whom the information has been laid, and bringing him before the same justice or justices, or before some other Justice or Justices of the Peace in and for the same territorial division, to answer to the information and to be further dealt with according to law: Provided that where a Proviso: warrant is issued in the first instance, the justice issuing it Copy of warshall furnish a copy or copies thereof, and cause a copy to be served on served on each party arrested at the time of such arrest. instance rant to be defendant. parte, if sum obeyed, &c. 7. If, where a summons has been issued, and upon the day Justice may and at the place therein appointed for the appearance of the proceed ex party summoned, the party fails to appear in obedience to mons duly the summons, then if it be proved upon oath or affirma- served is not tion to the justice or justices present, that a summons was duly served upon the party a reasonable time before the time appointed for his appearance, the Justice or Justices of the Peace may proceed ex parte to the hearing of the information or complaint, and adjudicate thereon, as fully and effectually to all intents and purposes as if the party had personally appeared before him or them in obedience to the summons. and seal; directed and 8. Every warrant to apprehend a defendant that he may Warrant to be answer to an information or complaint shall be under the under hand hand and seal or hands and seals of the justice or justices to whom issuing the and may same, be directed to any one or more or what to conto all of the constables (or other peace officers) of the terri- tain. torial division within which it is to be executed, or to such constable and all other constables in the territorial division within which the justice or justices who issued the warrant hath |