the intervention of a jury, consented to be so tried; and that upon the day of in the year the said A. B., being again brought before me for trial, and declaring himself ready, was arraigned upon the said charge and pleaded not guilty; and after hearing the evidence adduced, as well in support of the said charge as for the prisoner's defence (or as the case may be). I find him to be guilty of the offence with which he is charged as aforesaid, and I accordingly sentence him to (here insert such sentence as the law allows and the judge thinks right), (or I find him not guilty of the offence with which he is charged, and discharge him accordingly). Be it remembered that A. B. being a prisoner in the gaol of the said county, on a charge of having on the in the year day of pro stolen, etc., (one cow, the perty of C. D., or as the case may be, stating briefly the offence), and being brought before me (describe the judge) on the in the year day of and asked by me if he consented to be tried before me without the intervention of a jury, consented to be so tried; and that the said A. B. being then arraigned upon the said charge, he pleaded guilty thereof, whereupon I sentenced the said A. B. to (here insert such sentence as the law allows and the judge thinks right). 768. If one of two or more prisoners charged with the same offence demands a trial by jury, and the other or others consent to be tried by the judge without a jury, the judge, in his discretion, may remand all the said prisoners to gaol to await trial by a jury. 52 V. c. 47, s. 8. 769. If under Part LV. (sec. 782), or Part LVI. (sec. 809), any person has been asked to elect whether he would be tried by the magistrate or justices of the peace, as the case may be, or before a jury, and he has elected to be tried before a jury, and if such election is stated in the warrant of committal for trial, the sheriff and judge shall not be required to take the proceedings directed by this part. 52 V. c. 47, s. 9. 2. But if such person, after his said election to be tried by a jury, has been committed for trial he may, at any time before the regular term or sittings of the court at which such trial by jury would take place, notify the sheriff that he desires to re-elect; whereupon it shall be the duty of the sheriff to proceed as directed by section seven hundred and sixty-six, and thereafter the person so committed shall be proceeded against as if his said election in the first instance had not been made. 53 V. c. 37, s. 30. 770. Proceedings under this part commenced before any judge may, where such judge is for any reason unable to act, be continued before any other judge competent to try prisoners under this part in the same judicial district, and such last mentioned judge shall have the same powers with respect to such proceedings as if such proceedings had been commenced before him, and may cause such portion of the proceedings to be repeated before him as he shall deem necessary.. 53 V. c. 37, s. 30. 771. If, on the trial under Part LV. (sec. 782), or Part LVI. (sec. 809), of this Act of any person charged with any offence triable under the provisions of this part, the magistrate or justices of the peace decide not to try the same summarily, but commit such person for trial, such person may afterwards, with his own consent, be tried under the provisions of this part. 52 V. c. 47, s. 10. 772. If the prisoner upon being so arraigned and consenting as aforesaid pleads not guilty the judge shall appoint an early day, or the same day, for his trial, and the county attorney or clerk of the peace shall subpoena the witnesses named in the depositions, or such of them and such other witnesses as he thinks requisite to prove the charge, to attend at the time appointed for such trial, and the judge may proceed to try such prisoner, and if he be found guilty sentence shall be passed as herein before mentioned; but if he be found not guilty the judge shall immediately discharge him from custody, so far as respects the charge in question. 52 V. c. 47, s. 11. 773. The county attorney or clerk of the peace or other prosecuting officer may, with the consent of the judge, prefer against the prisoner a charge or charges for any offence or offences for which he may be tried under the provisions of this part other than the charge or charges for which he has been committed to gaol for trial, although such charge or charges do not appear or are not mentioned in the depositions upon which the prisoner was so committed. 52 V. c. 47, s. 12. 774. The judge shall, in any case tried before him, have the same power as to acquitting or convicting, or convicting of any other offence than that charged, as a jury would have in case the prisoner were tried at a sitting of any court mentioned in this part, and may render any verdict which may be rendered by a jury upon a trial at a sitting of any such court. 52 V. c. 47, s. 13. 775. If a prisoner elects to be tried by the judge without the intervention of a jury the judge may, in his discretion, admit him to bail to appear for his trial, and extend the bail, from time to time, in case the court be adjourned or there is any other reason therefor; and such bail may be entered into and perfected before the clerk. 52 V. c. 47, s. 14. 776. If a prisoner elects to be tried by a jury the judge may, instead of remanding him to gaol, admit him to bail, to appear for trial at such time and place and before such court as is determined upon, and such bail may be entered into and perfected before the clerk. 52 V. c. 47, s. 15. 777. The judge may adjourn any trial from time to time until finally terminated. 52 V. c. 47, s. 16. 778. The judge shall have all powers of amendment which any court mentioned in this part would have if the trial was before such court. 52 V. c. 47, s. 17. 779. Any recognizance taken under section five hundred and ninetyeight of this Act, for the purpose of binding a prosecutor or a witness, shall, if the person committed for trial elects to be tried under the provisions of this part, be obligatory on each of the persons bound thereby, as to all things therein mentioned with reference to the trial by the judge under this part, as if such recognizance had been originally entered into for the doing of such things with reference to such trial: Provided, that at least forty-eight hours' notice in writing shall be given, either personally or by leaving the same at the place of residence of the persons bound by such recognizance as therein described, to appear before the judge at the place where such trial is to be had. 53 V. c. 37, 8. 29. 780. Every witness, whether on behalf of the prisoner or against him, duly summoned or subpoenaed to attend and give evidence before such judge, sitting on any such trial, on the day appointed for the same, shall be bound to attend and remain in attendance throughout the trial; and if he fails so to attend he shall be held guilty of contempt of court, and may be proceeded against therefor accordingly. 52 V. c. 47, s. 18. 781. Upon proof to the satisfaction of the judge of the service of subpœna upon any witness who fails to attend before him, as required by such subpoena, and upon such judge being satisfied that the presence of such witness before him is indispensable to the ends of justice, he may, by his warrant, cause the said witness to be apprehended and forthwith brought before him to give evidence as required by such subpoena, and to answer for his disregard of the same; and such witness may be detained on such warrant before the said CRIM. LAW-56 judge, or in the common gaol, with a view to secure his presence as a witness; or, in the discretion of the judge, such witness may be released on recognizance with or without sureties, conditioned for his appearance to give evidence as therein mentioned, and to answer for his default in not attending upon the said subpoena, as for a contempt; and the judge may, in a summary manner, examine into and dispose of the charge of contempt against the said witness who, if found guilty thereof, may be fined or imprisoned, or both, such fine not to exceed one hundred dollars, and such imprisonment to be in the common gaol, with or without hard labour, and not to exceed the term of ninety days, and he may also be ordered to pay the costs incident to the execution of such warrant and of his detention in custody. 2. Such warrant may be in the form 00 and the conviction for contempt in the form PP in schedule one to this Act, and the same shall be authority to the persons and officers therein required to act to do as therein they are respectively directed. 52 V. c. 47, s. 19. The words in italics in s. 781 are new. 00.-(Section 781.) WARRANT TO APPREHEND WITNESS. Canada, Province of County of To all or any of the constables and other peace officers in the said county of Whereas it having been made to appear before me, that E. F., of , in the said county of was likely to give material evidence on behalf of the prosecution (or defence, as the case may be) on the trial of a certain charge of (as theft, or as case may be), against A. B., and that the said E. F. was duly subpoenaed (or bound under recognizance) to appear on the day of in the year at the in the said o'clock (forenoon or afternoon, as the case may be), county at before me, to testify what he knows concerning the said charge against the said A. B. And whereas proof has this day been made before me, upon oath of such subpoena having been duly served upon the said E. F., (or of the said E. F. having been duly bound under recognizance to appear before me, as the case may be); and whereas the said E. F. has neglected to appear at the trial and place appointed, and no just excuse has been offered for such neglect: These are therefore to command you to take the said E. F. and to bring him and have him forthwith before me, to testify what he knows concerning the said charge against the said A. B., and also to answer his contempt for such neglect. Given under my hand this year in the day of in the county of day of at in the year E. F. is convicted before me, for that he the said E. F. did not attend before me to give evidence on the trial of a certain charge against one A. B. of (theft, or as the case may be), although duly subpoenaed (or bound by recognizance to appear and give evidence in that behalf, as the case may be) but made default therein, and has not shown before me any sufficient excuse for such default, and I adjudge the said E. F., for the said offence, to be imprisoned in the common gaol of the county of for the space of there to be kept at hard labour (and in case a fine is also intended to be imposed, then proceed) and I also adjudge that the said E. F. do forthwith pay to and for the use of Her Majesty a fine of dollars, and in default of payment, that the said fine, with the cost of collection, be levied by distress and sale of the goods and chattels of the said E. F. (or in case a fine alone is imposed, then the clause of imprisonment is to be omitted.) Given under my hand at , in the said county of |