(iii.) When his evidence cannot be extracted by general questions as to his knowledge of the material facts; (iv.) When a question from its nature cannot but be in a leading form; (v.) When he has forgotten a circumstance and a leading question is necessary to determine whether he can call it to mind. The adverse party may require that all other witnesses with the exception of the one under examination shall leave the court. The witness must be asked only questions of fact which are relevant and pertinent to the issue. He cannot be asked as to his own inferences or personal opinion of facts, unless he is a skilled expert. A party cannot impeach the credit of his witness by general evidence of bad character, but he may, if the witness proves unexpectedly adverse, contradict him by other evidence or by his own previous statements. (2) Cross-examination is discretionary. Any witness may here be asked leading questions. Although considerable latitude is allowed, yet the questions must not be manifestly irrelevant. Generally the witness may be asked any question affecting his credit, his veracity, or his memory, but he will not always be obliged to answer. (3) The re-examination must only be on matters arising out of the crossexamination, but if some question has been omitted the judge will generally put it at the request of the counsel. He has also discretionary power to recall a witness in order to put a question to him. With respect to the order of the trial, the following table will show the steps in the various cases that can occur (see "Harris's Criminal Law," p. 399) — (1) Defendant has counsel or solicitor, and adduces evidence. Complainant's counsel or solicitor Opens his case. Examines his witnesses, who may then be cross-examined and re-examined. Defendant's counsel or solicitor Opens his case. Examines his witnesses, who may then be cross-examined and re-examined. Sums up his case. Complainant's counsel or solicitor replies. (2) Defendant has counsel or solicitor, but does not adduce evidence. Opens his casr. Examines his witnesses, who, etc. Sums up his case. Defendant's counsel or solicitor addresses Justices. (3) Defendant has no counsel or solicitor, but adduces evidence. Complainant's counsel or solicitor Opens his case. Examines his witnesses, who, etc. Defendant examines his witnesses, who, etc. Defendant addresses Justices. Complainant's counsel or solicitor replies. (4) Defendant has no counsel or solicitor, and does not adduce evidence. Complainant's counsel or solicitor 149. If the justices dismiss a complaint, they may, if required so to do, and if they think fit, make an order of dismissal, and give the defendant a certificate thereof, which certificate shall upon production and without further proof be a bar to any subsequent complaint for the same matter against the same person. For form of certificate see Schedule III., Form 39. Minutes of Convictions and Orders. Minute of decision to be made and served on defendant. 150. When justices convict or make an order against a defendant a minute or memorandum of the conviction or order shall be made and signed by them, and a copy thereof shall be served upon the defendant before any warrant of commitment or of execution is issued in pursuance of the conviction or order, unless such warrant is issued immediately upon making the conviction or order. Such minute shall not form any part of the warrant of commitment or of execution. For form of minute see Schedule III., Form 32. Convictions and Orders. Formal convictions and orders. 151. The conviction or order shall afterwards, if required, be drawn up by the justices in proper form, and they shall cause the same to be lodged with the clerk of petty sessions, to be by him filed among the records of the court. Formal record of conviction not necessary, except for special purposes. 152. Provided that it shall not be necessary for justices formally to draw up a conviction or order or any other record of a decision, unless the same is demanded by a party to the proceedings for the purpose of an appeal against the decision, or is required for the purpose of a return to a writ of habeas corpus or other writ from the Supreme Court. As to appeals see Part IX. The formal record should be accurately prepared and forwarded with the other proceedings in the case for the appeal to the Registrar. No Certiorari. No certiorari. 153. No conviction shall be quashed for want of form or be removed by certiorari or otherwise into the Supreme Court, and no warrant of commitment on a conviction shall be held void by reason of any formal defect therein, provided it is therein alleged that the party has been duly convicted and there is a good and valid conviction to sustain it. As to certiorari on appeal see ss. 220, 221, 251. Any criminal proceeding may, unless the right is expressly taken away, be removed by writ of certiorari into the Supreme Court, which has a general power of supervision over inferior tribunals. It is a writ directed to the inferior court, requiring it to return the records of the complaint in question to the court above. Copies of Depositions, &c. Copies of proceedings in summary cases. 154. When a conviction or order is made or a complaint is dismissed by justices all parties interested therein shall be entitled to demand and have copies of the complaint and depositions and of the conviction or order, from the officer or person having the custody thereof, on payment of a reasonable sum for the same, at a rate to be prescribed by the Governor in Council, but not exceeding threepence for each folio of seventytwo words. As to right to copies of depositions in indictable cases see s. 130. Imprisonment. Imprisonment in first instance. 155. When the justices upon a conviction adjudge the defendant to be imprisoned with or without hard labour they shall issue their warrant of commitment accordingly. For form of warrant see Schedule III., Form 61. Imprisonment for a subsequent offence. 156. When justices, upon making a conviction or order for a simple offence or breach of duty, adjudge the defendant to be imprisoned, and the defendant has previously been adjudged to be imprisoned upon a conviction or order for any other offence (whether an indictable offence or not), or breach of duty, or is adjudged at the same petty sessions to be imprisoned for any other offence or breach of duty, the justices may, if they think fit (whether the defendant is actually undergoing imprisonment or not), adjudge that the imprisonment for such subsequent offence shall commence at the expiration of the term of imprisonment which the defendant is then undergoing, or liable to undergo, or of any term of imprisonment to which he is sentenced at the same petty sessions. Subject as aforesaid every term of imprisonment imposed by justices under this Act shall commence to run from the time when the defendant is first imprisoned under the warrant of commitment. Costs. Costs on conviction or order. 157. In all cases of summary convictions and orders, the justices making the same may, in their discretion, order by the conviction or order that the defendant shall pay to the complainant such costs as to them seem just and reasonable. Costs on dismissal. 158. When justices instead of convicting or making an order dismiss the complaint, they may by their order of dismissal order that the complainant shall pay to the defendant such costs as to them seem just and reasonable. For form of order see Schedule III., Form 38. The sum allowed for costs to be specified in the conviction or order. 159. The sum so allowed for costs shall in all cases be specified in the conviction or order or order of dismissal, Costs, how recoverable. 160. The sum allowed for costs in a conviction or order by which a penalty or sum of money is adjudged to be paid shall be recoverable in the same marner and under the same warrants as the penalty or sum of money adjudged to be paid by the conviction or order is recoverable. As to the manner see 161 to 172 and the forms thereunder. Execution. Warrant of execution. 161. When the decision adjudges the payment of a pecuniary penalty or compensation or sum of money or costs, or when an order requires the payment of a sum of money, or costs, and by this Act or the Act authorising such decision, the amount of such penalty, compensation, or sum of money, or costs, is to be levied upon the goods and chattels of the defendant by distress and sale thereof or by execution, and also when by the Act no mode of raising or levying such penalty, compensation, or sum of money, or costs, or of enforcing the payment of the same, is provided, then the same shall be recoverable by execution against the goods and chattels of the defendant, and a warrant of execution may be issued for the purpose of levying the same. Discharge or detainer of defendant. 162. When a justice issues a warrant of execution he may suffer the defendant to go at large, or he may verbally or by writing order the defendant to be kept and detained in safe custody until return is made to the warrant of execution, unless the defendant gives sufficient security by recognizance or otherwise to the satisfaction of the justice for his appearance at the time and place appointed for the return of the warrant of execution. In default of execution defendant committed. 163. In any case in which a warrant of execution may be issued under the provisions hereinbefore con |