811. If any person summoned or required or bound, as Warrant aforesaid, neglects or refuses to attend in pursuance of such when witness disobeys summons or recognizance, and if proof is given of such person summons. having been duly summoned, as hereinafter mentioned, or bound by recognizance, as aforesaid, either of the justices before whom any such person should have attended, may issue a warrant to compel his appearance as a witness. 55-56 V., c. 29, s. 817. summons. 812. Every summons issued under the authority of this Service of Part may be served by delivering a copy thereof to the person, or to some inmate, apparently over sixteen years of age, at such person's usual place of abode, and every person so required by any writing under the hand or hands of any justice or justices to attend and give evidence as aforesaid, shall be deemed to have been duly summoned. 55-56 V., c. 29, s. 818. 813. If the justices upon the hearing of the case deem the Discharge of offence not proved, or that it is not expedient to inflict any accused. punishment, they shall dismiss the person charged, and make out and deliver to him a certificate in the form 58, or to the like effect, under the hands of such justices, stating the fact of such dismissal: Provided that if the dismissal shall be on ac- Sureties for count only of it being deemed inexpedient to inflict any punish- good behaviment the accused shall be discharged only on his finding sureties for his good behaviour. 55-56 V., c. 29, s. 819. our. 814. The justices before whom any person is summarily Form of conviction. convicted of any offence in this Part previously mentioned, may cause the conviction to be drawn up in form 59, or in any other form to the same effect, and the conviction shall be good and effectual to all intents and purposes. 55-56 V., c. 29, s. 820. By the Dominion Acts of 1890, ch. 37, sec. 34, it was enacted, that whenever any boy who is a Protestant and a minor, apparently under the age of 16 years, is convicted in Nova Scotia of any offence for which, by law, he is liable to imprisonment, the judge, etc., by whom he is so convicted, may sentence such boy to be detained in the Halifax Industrial School, for any term not exceeding five years, and not less than two years. Defendant was convicted in the police court of the City of Halifax, before the stipendiary magistrate for the city, for unlawfully entering a vessel lying at one of the wharves, and stealing therefrom a sum of money, the property of the master of the vessel, and for this offence it was adjudged that he be imprisoned in the Halifax Industrial School for the space of three years. Defendant's discharge was sought upon habeas corpus, on the grounds, (a) that the conviction and commitment did not shew that defendant was Further proceeding barred. Conviction and recognizances to be filed. Restitution a Protestant, or, (b) that he was under the age of sixteen years. Held, dismissing the application, that it was not necessary, in the conviction, to refer to the age of the party or the opinion of the justice on that subject, the intention of the statute being, no doubt, to dispense with recitals or averments in the particulars mentioned. Held, also, that the power of determining the age, or apparent age, of the party before him, being given exclusively to the justice, it was only reasonable to assume that the power so given had been followed. Held, also, that as the questions of the age of the party, and whether he was, or was not, a Protestant, could not, or need not, be enquired into on the trial of the offence, they would properly form a subject of enquiry on the part of the justice after the conviction and before sentence, and it would not, therefore, be necessary to refer to them in the conviction. Queen v. Brine, 33 N.S.R. 43. In another Nova Scotia case, the defendant was convicted before the stipendiary magistrate of the City of Halifax of the offence of stealing the sum of $30 and was sentenced to be imprisoned for the term of three years in the Halifax Industrial School, a reformatory for boys of the Protestant faith. His discharge was sought upon habeas corpus on the grounds that the conviction did not shew that defendant was a Protestant or that he was under the age of sixteen years. The application was refused, the court holding that the intention of sec. 814 was to dispense with recitals and averments in the particulars mentioned and that the words "shall be good and effectual to all intents and purposes" might be regarded as the equivalent of a legislative declaration that it should not be necessary to refer in the conviction to the age of the party, or to the justice's opinion on that subject. R. v. Quinn (1900), 36 Can. Law Jour. 644. 815. Every person who obtains such certificate of dismissal, or is so convicted, shall be released from all further or other criminal proceedings for the same cause. 55-56 V., c. 29, s. 821. This section is similar to sec. 792 in Part XVI. as to summary trials. See note to sec. 792. 816. The justice before whom any person is convicted under the provisions of this Part shall forthwith transmit the conviction and recognizances to the clerk of the peace or other proper officer, for the district, city, county or union of counties. wherein the offence was committed, there to be kept by the proper officer among the records of the court of general or quarter sessions of the peace, or of any other court discharging the functions of a court of general or quarter sessions of the peace. 55-56 V., c. 29, s. 822. 817. No conviction under the authority of this Part shall of property. be attended with any forfeiture, except such penalty as is imposed by the sentence; but whenever any person is adjudged guilty under the provisions of this Part, the presiding justice may order restitution of property in respect of which the offence was committed, to the owner thereof or his representatives. 2. If such property is not then forthcoming, the justices, Value of whether they award punishment or not, may inquire into and ordered to property ascertain the value thereof in money; and, if they think proper, be paid. order payment of such sum of money to the true owner, by the person convicted, either at one time or by instalments, at such periods as the justices deem reasonable. same. 3. The person ordered to pay such sum may be sued for the Recovery of same as a debt in any court in which debts of the like amount are, by law, recoverable, with costs of suit, according to the practice of such court. 55-56 V., c. 29, s. 824. See also secs. 1049 and 1050 as to restitution of property and compensation in certain cases. 818. Whenever the justices adjudge any offender to forfeit Proceedings and pay a pecuniary penalty under the authority of this Part, where penalty is and such penalty is not forthwith paid, they may, if they deem not paid. it expedient, appoint some future day for the payment thereof, and order the offender to be detained in safe custody until the day so appointed, unless such offender gives security to the satisfaction of the justices, for his appearance on such day; and the justices may take such security by way of recognizance or otherwise in their discretion. 2. If at any time so appointed such penalty has not been Commitment paid, the same or any other justices may, by warrant under to gaol. their hands and seals, commit the offender to the common gaol or other place of confinement within their jurisdiction, there to remain for any time not exceeding three months, reckoned from the day of such adjudication. 55-56 V., c. 29, s. 825. 819. The justices before whom any person is prosecuted Costs. or tried for any offence cognizable under this Part may, in their discretion, at the request of the prosecutor or of any other person who appears on recognizance or summons to prosecute or give evidence against such person, order payment to the Order for prosecutor and witnesses for the prosecution, of such sums as payment. to them seem reasonable and sufficient, to reimburse such prosecutor and witnesses for the expenses they have severally incurred in attending before them, and in otherwise carrying on such prosecution, and also to compensate them for their trouble and loss of time therein, and to the constables and other peace officers payment for the apprehension and detention of any persons so charged. When no conviction. Costs to be justices. 2. The justices may, although no conviction takes place, order all or any of the payments aforesaid to be made, when they are of opinion that the persons, or any of them, have acted in good faith. 55-56 V., c. 29, s. 826. 820. The amount of expenses of attending before the juscertified by tices and the compensation for trouble and loss of time therein, and the allowances to the constables and other peace officers for the apprehension and detention of the offender, and the allowances to be paid to the prosecutor, witnesses and constables for attending at the trial or examination of the offender, shall be ascertained by and certified under the hands of such justices. 2. The amount of the costs, charges and expenses attending any such prosecution, to be allowed and paid as aforesaid, shall not in any one case exceed the sum of eight dollars. 55-56 V., c. 29, s. 828. Limit. Order for payment. On officer. Officer must of order. 821. Every such order of payment to any prosecutor or other person, after the amount thereof has been certified by the proper justices as aforesaid, shall be forthwith made out and delivered by the said justices or one of them, or by the clerk of the peace or other proper officer, as the case may be, to such prosecutor or other person, upon such clerk or officer being paid his lawful fee for the same, and shall be made upon the officer to whom fines imposed under the authority of this Part are required to be paid over in the district, city, county or union of counties in which the offence was committed, or was supposed to have been committed. 2. Such officer shall upon sight of every such order, forthpay on sight with pay to the person named therein, or to any other person duly authorized to receive the same on his behalf, out of any moneys received by him under this Part, the money in such order mentioned, and he shall be allowed the same in his accounts of such moneys. 55-56 V., c. 29, s. 828. PART XVIII. SPEEDY TRIALS OF INDICTABLE OFFENCES. Application of Part. Canada. 822. (As amended 1907). The provisions of this Part do Part only of not apply to the Northwest Territories or the Yukon Territory. 55-56 V., c. 29, s. 762; 6 & 7 E. VII., c. 45, s. 6. Interpretation. 823. (As amended 1907). In this Part, unless the context Definitions. otherwise requires,— (a) 'judge' means and includes, (i) in the province of Ontario, any judge of a county or (iii) in each of the provinces of Nova Scotia, New Bruns- (iv) in the province of Manitoba, the Chief Justice, or a (v) in the province of British Columbia, the Chief Justice. (vi) in the provinces of Saskatchewan and Alberta, a 'Judge.' |