summons and warrant, and of his detention in custody. CHAP. 161. witness in first 25. If the justice is satisfied by evidence upon oath Warrant for that any person within the province, likely to give instance. material evidence, either for the prosecution or for the defendant, will not attend to give evidence without being compelled so to do, then, instead of issuing a summons, he may issue a warrant in the first instance. Such warrant may be in the form I in the first schedule hereto, or to the like effect, and may be executed anywhere within the jurisdiction of such justice, or, if necessary, indorsed as provided in the case of a warrant for the apprehension of a defendant, and executed anywhere in the province, but out of such jurisdiction. C. C., s. 583. 26. A summons may be issued to procure the attend- witness out of ance, on the hearing of any charge under the provisions of jurisdiction. this Chapter, of a witness who resides out of the jurisdiction of the justice before whom such information or complaint is to be heard, and such summons and a warrant issued to procure the attendance of a witness, whether in consequence of refusal by such witness to appear in obedience to a summons or otherwise, may be respectively served and executed by the constable or other peace officer to whom the same is delivered, or by any other person, as well beyond as within the territorial division of the justice who issued the same. C. C., s. 848. 27. The room or hear and try any deemed an open and HEARING. place in which the justice sits to Hearing to be in complaint or information shall be open court. public court, to which the public generally may have access so far as the same can conveniently contain them. C. C., s. 849. 28. (1.) The person against whom the complaint is made, Counsel. or information laid, shall be admitted to make his full answer and defence thereto, and to have the witnesses examined and cross-examined by counsel or solicitor on his behalf. (2.) Every complainant or informant in any such case shall be at liberty to conduct the complaint or information, and to have the witnesses examined and cross-examined, by counsel or solicitor on his behalf. C. C., s. 850. 29. Every witness at any hearing shall be examined witness to be upon oath or affirmation, and the justice before whom any witness appears for the purpose of being examined shall have full power and authority to administer to every witness the usual oath or affirmation. C. C., s. 851. on oath. 1 CHAP. 161. Evidence. Non-appearance of accused. Non-appearance of prosecutor. Proceedings when both 30. If the information or complaint in any case negatives any exemption, exception, proviso, or condition in the statute on which the same is founded, it shall not be necessary for the prosecutor or complainant to prove such negative, but the defendant may prove the affirmative thereof in his defence if he wishes to avail himself of the same. C. C., s. 852. 31. In case the accused does not appear at the time and place appointed by any summons issued by a justice on any information or complaint, then, if it appears to the satisfaction of the justice that the summons was duly served a reasonable time before the time appointed for appearance, such justice may proceed ex parte to hear and determine the case in the absence of the defendant, as fully and effectually, to all intents and purposes, as if the defendant had personally appeared in obedience to such summons, or the justice may, if he thinks fit, issue his warrant for the apprehension of the defendant as hereinbefore provided, and adjourn the hearing of the complaint or information until the defendant is apprehended. C. C., s. 853. 32. If, upon the day and at the place so appointed, the defendant appears voluntarily in obedience to the summons in that behalf served upon him, or is brought before the justice by virtue of a warrant, then, if the complainant or informant, having had due notice, does not appear by himself, his counsel or solicitor, the justice shall dismiss the complaint or information, unless he thinks proper to adjourn the hearing of the same until some other day upon such terms as he thinks fit. C. C., s. 854. 33. If both parties appear, either personally or by parties appear. their respective counsel or solicitors, before the justice who is to hear and determine the complaint or information, such justice shall proceed to hear and determine the same. C. C., s. 855. Arraignment of accused and trial. 34.-(1.) If the defendant is present at the hearing the substance of the information or complaint shall be stated to him, and he shall be asked if he has any cause to show why he should not be convicted, or why an order should not be made against him, as the case may be. (2.) If the defendant thereupon admits the truth of the information or complaint, and shows no sufficient cause why he should not be convicted, or why an order should not be made against him, as the case may be, the justice present at the hearing shall convict him or make an order against him accordingly. (3.) If the defendant does not admit the truth of the information or complaint, the justice shall proceed to CHAP. 161. inquire into the charge, and for the purposes of such inquiry shall take the evidence of witnesses, both for the complainant and defendant. (4.) The evidence of the witnesses shall be given upon oath and in the presence of the defendant; and the defendant, his counsel or solicitor, shall be entitled to crossexamine them. (5.) If it appears that any witness is about to leave the Depositions, province, or is infirm, the justice shall, at the request of either party, reduce his evidence to writing, and require him to sign the same. Such deposition may be in the form J in the first schedule. (6.) The prosecutor or complainant shall not be entitled to give evidence in reply if the defendant has not adduced any evidence other than as to his general character. C. C., ss. 590, 856. ADJOURNMENT. 35.--(1.) Before or during the hearing of any informa- Adjournment. tion or complaint the justice may, in his discretion, adjourn the hearing of the same to a certain time and place to be then appointed, and stated in the presence and hearing of the party or parties, or of their respective solicitors or agents then present, but no such adjournment shall be for more than eight days. (2.) If, at the time and place to which the hearing or further hearing is adjourned, either or both of the parties do not appear, personally or by his or their counsel or solicitors respectively, before the justice, or such other justice as shall then be there, the justice who is then there may proceed to the hearing, or further hearing, as if the party or parties were present. (3.) If the prosecutor or complainant does not appear the justice may dismiss the information, with or without costs, as to him seems fit. C. C., s. 857 (part.) BAIL. fendant during 36.-(1.) Whenever any justice adjourns the hearing of Custody of deany case he may suffer the defendant to go at large, or may adjournment, commit him to the common jail or other prison within the territorial division for which such justice is then acting, or to such other safe custody as such justice thinks fit, or may discharge the defendant upon his recognizance, with or without sureties at the discretion of such justice, conditioned for his appearance at the time and place to which such hearing or further hearing is adjourned. (2.) Such recognizance may be in the form K in the first schedule, or to the like effect. C. C., ss. 857 (part); 587. appearance of CHAP. 161. 37.—(1.) Whenever any defendant, who has been perWarrant for non-mitted to go at large with or without recognizance, does defendant after not appear at the time mentioned in any such recognizadjournment. ance, or to which the hearing or further hearing is adjourned, as the case may be, the justice may issue his warrant for his apprehension. C. C., ss. 589, 857. Adjudication by justice. Form of conviction. Disposal of penalties on con offenders. ADJUDICATION. 38. The justice, having heard what each party has to say, and the witnesses and evidence adduced, shall consider the whole matter, and, unless otherwise provided, determine the same, and convict or make an order against the defendant, or dismiss the information or complaint as the case may be. C. C., s. 858. 39. If the justice convicts or makes an order against the defendant a minute or memorandum thereof shall then be made, for which no fee shall be paid, and the conviction or order shall afterwards be drawn up by the justice on parchment or on paper, under his hand and seal, in such one of the forms of conviction or of orders from L to Q, inclusive in the first schedule to this Chapter as is applicable to the case, or to the like effect. C. C., s. 859. 40. When several persons join in the commission of viction of joint the same offence, and upon conviction thereof each is adjudged to pay a penalty which includes the value of the property, or the amount of the injury done, no further sum shall be paid to the person aggrieved than such amount or value, and costs, if any, and the residue of the penalties imposed shall be applied in the same manner as other penalties imposed by a justice are directed to be applied. C. C., s. 860. Certificate of dismissal. Copy of order to be served before commitment. 41. If the justice dismisses the information or complaint he may, when required so to do, make an order of dismissal in the form R in the first schedule, and he shall give the defendant a certificate in the form S in the said schedule, which certificate, upon being afterwards produced, shall, without further proof, be a bar to any subsequent information or complaint for the same matter against the same defendant. C. C., s. 862. 42. Whenever, by any statute or law, authority is given to commit a person to prison, or to levy any sum upon his goods or chattels by distress, for not obeying an order of a justice, the defendant shall be served with a copy of the minute of the order before any warrant of commitment or of distress is issued in that behalf; and the order or minute shall not form any part of the warrant of commitment or of distress. C. C., s. 863. 43. In every case of a summary conviction, or of an costa on conorder made by a justice, such justice may, in his discretion, viction. award and order in and by the conviction or order that the defendant shall pay to the prosecutor or complainant such costs as to the said justice seem reasonable in that behalf, and not inconsistent with the fees established by law to be taken on proceedings had by and before justices. C. C., s. 867. missal. 44. Whenever the justice, instead of convicting or Costs on dismaking an order, dismisses the information or complaint, he may, in his discretion, in and by his order of dismissal, award and order that the prosecutor or complainant shall pay to the defendant such costs as to the said justice seem reasonable and consistent with law. C. C., s. 868. costs when pen 45. The sums so allowed for costs shall, in all cases, Recovery of be specified in the conviction or order, or order of alty adjudged. dismissal, and the same shall be recoverable in the same manner and under the same warrants as any penalty, adjudged to be paid by the conviction or order, is to be recovered. C. C., s. 869. costs in other 46. Whenever there is no such penalty to be recovered, Recovery of such costs shall be recoverable by distress and sale of the cases. goods and chattels of the party, and in default of distress, by imprisonment, with or without hard labour, for any term not exceeding one month. C. C., s. 870. be taken. 47. The fees mentioned in the chapter "Of Costs and What fees may Fees," and no other, shall be and constitute the fees to be taken on proceedings under this Chapter. C. C., s. 871. WARRANTS OF DISTRESS AND COMMITMENT. specting con 48.-(1.) Whenever a conviction adjudges a pecuniary Provisions repenalty or compensation to be paid, or an order requires victions. the payment of a sum of money, whether the statute or law authorizing such conviction or order does or does not provide a mode of raising or levying the penalty, compensation, or sum of money, or of enforcing the payment thereof, the justice by his conviction, or order, after adjudging payment of such penalty, compensation, or sum of money, with or without costs, may order and adjudge (a) that in default of payment thereof forthwith, or |