(c) adjourn the hearing of the matter from time to time, and change the place of hearing, if from the absence of witnesses, the inability of a witness who is ill to attend at the place where the justice usually sits, or from any other reasonable cause, it appears desirable to do so, and may remand the accused if required by warrant in the form P in schedule one hereto : Provided that no such remand shall be for more than eight clear days, the day following that on which the remand is made being counted as the first day; and further provided, that if the remand is for a time not exceeding three clear days, the justice may verbally order the constable or other person in whose custody the accused then is or any other constable or person named by the justice in that behalf, to keep the accused person in his custody and to bring him before the same or such other justice as shall be there acting at the time appointed for continuing the examination; R. S. C. c. 174, ss. 64, 65.

(d) order that no person other than the prosecutor and accused, their counsel and solicitor shall have access to or remain in the room or building in which the inquiry is held (which shall not be an open court), if it appears to him that the ends of justice will be best answered by so doing: R. S. C. c. 174, 8. 67.

(e) regulate the course of the inquiry in any way which may appear to him desirable, and which is not inconsistent with the provisions of this Act.

P.-(Section 586.)

WARRANT REMANDING A PRISONER.

Canada,

Province of
County of

To all or any of the constables and other peace officers in the

Whereas A. B. was this day charged before the undersigned

a justice of the peace in and for the said county of

for that (&c., as in the warrant to apprehend), and it appears to (me) to be necessary to remand the said A. B.: These are therefore to command you, the said constables and peace officers, or any of you, in Her Majesty's name, forthwith to convey the said A. B. to the common gaol at in the said

county, and there to deliver him to the keeper thereof, together with this precept: And I hereby command you the said keeper to receive the said A. B. into your custody in the said common gaol, and there safely keep him until the day of (instant), when I hereby command you to have him at

o'clock in the (fore) noon of the same day before (me)

at

or before such other justice or justices of the peace for the said county as shall then be there, to answer further to the said charge, and to be further dealt with according to law, unless you shall be otherwise ordered in the meantime.

Given under my hand and seal, this

day of

in the county aforesaid.

J. S., [SEAL.]

J. P., (Name of county.)

BAIL ON REMAND.

587. If the accused is remanded under the next preceding section the justice may discharge him, upon his entering into a recognizance in the form Qin schedule one hereto, with or without sureties in the discretion of the justice, conditioned for his appearance at the time and place appointed for the continuance of the examination. R. S. C. c. 174, s. 67.

Q.-(Section 587.)

RECOGNIZANCE OF BAIL INSTEAD OF REMAND ON AN
ADJOURNMENT OF EXAMINATION.

(grocer), and N. O., of

me

, (butcher), personally came before a justice of the peace for the said county, and severally acknowledged themselves to owe to our Sovereign Lady the Queen, her heirs and successors, the several sums following, that is to say the said A. B. the sum of and the said L. M., and N. O., the sum of , each, of good and lawful current money of Canada, to be made and levied of their several goods and chattels, lands and tenements respectively, to the use of our said Lady the Queen, her heirs and successors, if he, the said A. B., fails in the condition endorsed (or hereunder written).

Taken and acknowledged the day and year first above mentioned, at

before me.

J. S.,

J. P., (Name of county).

on

CONDITION.

The condition of the within (or above) written recognizance is such that whereas the within bounden A. B. was this day (or last past) charged before me for that (dc., as in the warrant); and whereas the examination of the witnesses for the prosecution in this behalf is adjourned until the

day of

(instant): If, therefore, the said A. B. appears before (instant), at

day of

me on the said o'clock in the (fore) noon, or before such other justice or justices of the peace for the said county as shall then be there, to answer (further) to the said charge, and to be further dealt with according to law, the said recognizance to be void, otherwise to stand in full force and virtue.

HEARING MAY PROCEED BEFORE REMAND IS OVER.

588. The justice may order the accused person to be brought before him, or before any other justice for the same territorial division, at any time before the expiration of the time for which such person has been remanded, and the gaoler or officer in whose custody he then is shall duly obey such order. R. S. C. c. 174, s. 66.

BREACH OF RECOGNIZANCE.

589. If the accused person does not afterwards appear at the time and place mentioned in the recognizance the said justice, or any other justice who is then and there present, having certified upon the back of the recognizance the non-appearance of such accused person, in the form R in schedule one hereto, may transmit the recognizance to the clerk of the court where the accused person is to be tried, or other proper officer appointed by law, to be proceeded upon in like manner as other recognizances; and such certificate shall be prima facie evidence of the non-appearance of the accused person. R. S. C. c. 174, s. 68.

R.-(Section 589.)

CERTIFICATE OF NON-APPEARANCE TO BE ENDORSED ON

THE RECOGNIZANCE.

I hereby certify that the said A. B. has not appeared at the time and place in the above condition mentioned, but therein has made a default, by reason whereof the within written recognizance is forfeited.

J. S.,

J. P., (Name of county.)

EVIDENCE FOR THE PROSECUTION. (Amended).

590. When the accused is before a justice holding an inquiry, such justice shall take the evidence of the witnesses called on the part of the prosecution.

2. The evidence of the said witnesses shall be given upon oath and in the presence of the accused; and the accused, his counsel or solicitor, shall be entitled to cross-examine them.

3. The evidence of each witness shall be taken down in writing in the form of a deposition, which may be in the form S in schedule one hereto, or to the like effect.

4. Such deposition shall, at some time before the accused is called on for his defence, be read over to and signed by the witness and the justice, the accused, the witness and justice being all present together at the time of such reading and signing.

5. The signature of the justice may either be at the end of the deposition of each witness, or at the end of several or of all the depositions in such a form as to show that the signature is meant to authenticate each separate deposition.

6. Every justice holding a preliminary inquiry is hereby required to cause the depositions to be written in a legible hand and on one side only of each sheet of paper on which they are written. R. S. C. c. 174, s. 69.

7. Provided that the evidence upon such inquiry or any part of the same may be taken in shorthand by a stenographer who may be appointed by the justice, and who before acting shall make oath that he shall truly and faithfully report the evidence; and where evidence is so taken, it shall not be necessary that such evidence be read over to or signed by the witness, but it shall be sufficient if the transcript be signed by the justice and be accompanied by an affidavit of the stenographer that it is a true report of the evidence.

S.-(Section 590.)

DEPOSITION OF A WITNESS.

Canada,

Province of

County of

The deposition of X. Y. of

day of

in the year

at

in)

signed, a justice of the peace for the said county of this (or after notice to C. D. who stands committed for the presence and hearing of C. D. who stands charged that (state the charge). The said deponent saith on his (oath or affirmation) as follows: (Insert deposition as nearly as possible in words of witness.)

(If depositions of several witnesses are taken at the same time, they may be taken and signed as follows :)

, Y. of

The depositions of X. of

Z. of

&c., taken in the presence and hearing of C. D., who stands charged that

The deponent X. (on his oath or affirmation) says as follows: The deponent Y. (on his oath or affirmation) says as follows; The deponent Z. (on his oath, &c., &c.)

(The signature of the justice may be appended as follows:)

The depositions of X., Y., Z., &c., written on the several sheets of paper, to the last of which my signature is annexed, were taken in the presence and hearing of C. D. and signed by the said X., Y., Z., respectively in his presence. In witness whereof I have in the presence of the said C. D. signed my

name.

J. S.,

J. P., (Name of county.)

EVIDENCE TO BE READ TO THE ACCUSED. (Amended).

591. After the examination of the witnesses produced on the part of the prosecution has been completed, and after the depositions have been signed as aforesaid, the justice, unless he discharges the accused person, shall ask him whether he wishes the depositions to be read again, and unless the accused dispenses therewith shall read or cause them to be read again. When the depositions have been again read, or the reading dispensed with, the accused shall be addressed by the justice in these words, or to the like effect:

"Having heard the evidence, do you wish to say anything in answer to the charge? You are not bound to say anything, but whatever you do say will be taken down in writing and may be given in evidence against you at your trial. You must clearly understand that you have nothing to hope from any promise of favour and nothing to fear from any threat which may have been held out to you to induce you to make any admission or confession of guilt, but whatever you now say may be given in evidence against you upon your trial notwithstanding such promise or threat."

2. Whatever the accused then says in answer thereto shall be taken down in writing in the form T in schedule one hereto, or to the like effect, and shall be signed by the justice and kept with the depositions of the witnesses and dealt with as hereinafter mentioned. R. S. C. c. 174, ss. 70 & 71.

See s. 689, post.