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complaint, that either private individuals, or public officers acting in the execution of a public duty are not fairly and properly protected.

Should a defendant, not in custody, be sentenced to pay a fine forthwith, and the fine and costs be not so paid, the Justice should verbally order the defendant into custody, until a return has been made to the warrant of distress then issued (Con. Stat. C. c. 103, s. 60). In default of distress, or of sufficient distress, or where the issuing of a warrant of distress would be ruinous to defendant and his family, the Justice, if he deem fit, may commit the defendant to gaol.

RETURN OF CONVICTIONS.-Justices are bound to make to the next ensuing General Quarter Sessions, through the Clerk of the Peace, a return of all fines, forfeitures and convictions made by them, and of the receipt and application of moneys paid by defendants. Justices neglecting to do this, are liable to a penalty of eighty dollars for each omission or neglect. (See article, "Return of Convictions.")

RETURN OF TWO OR MORE JUSTICES. Where two or more Justices being present and joining in such conviction, an immediate return thereof shall be made. (Con. Stat. U. C. c. 124, s. 1.)

FORMAL CONVICTION OR ORDER.-The formal conviction or order shall afterwards be drawn up by the said Justice or Justices in proper form, under his or their hand and seal or hands and seals, and he or they shall cause the same to be lodged with the Clerk of the Peace, to be by him filed among the records of the General or Quarter Sessions of the Peace. (Con. Stat. C. c. 103, s. 42.)

It has not been the practice of Justices to return the formal conviction as here directed, except when a decision has been appealed against, and it is very probable that the practice to draw up a formal conviction has been considered merely directory, and not obligatory, as no penalty is attached for its non-performance; but with respect to the quarterly return of convictions, there can be no doubt of the extreme importance

of obeying the law. (See article "Return of Convictions," for full instructions and advice on this subject.)

INDICTABLE OFFENCES.-With respect to indictable offences, where the Justice or Justices intend to commit the prisoner for trial, he should not be specially committed for trial to any particular court, but to the next court of competent criminal jurisdiction; in every case, where a person is committed for trial, or bailed to answer to a criminal charge, the Justice of the Peace so committing or bailing, shall deliver, or cause to be delivered without delay to the County Attorney for the county, the informations, depositions, examinations, recognizances and papers connected with the charge; and the County Attorney shall be the "proper officer" of the Court within the meaning of the Consolidated Statutes of Canada, respecting the duties of Justices of the Peace, out of Sessions, in relation to persons charged with indictable offences. (Con. Stat. U. C. c. 106, s. 9.)

BAIL.-In cases of misdemeanor, one Justice can admit to bail; but in cases of felony, even in larcenies of the most trifling class, one Justice cannot admit the prisoner to bail. There must be two, who may bail the prisoner; but then only where the evidence of guilt is doubtful, and does not furnish such a strong presumption of guilt as to warrant his committal for trial. The amount of bail to be regulated by the magnitude of the offence charged, and by the ability of the parties. Where the evidence is reasonably clear, the Justices are not authorized to admit the prisoner to bail (Con. Stat. C. c. 102, ss. 52 & 53). In this event the parties must apply, on certified copies of the depositions, &c., to be obtained from the office of the County Crown Attorney, to one of the Judges of the superior courts, or to a Judge of the County Court in Chambers. (Con. Stat. C. c. 102. ss. 54 & 55).

RECOGNIZANCE TO APPEAR. When a Justice commits a prisoner to gaol, or holds him to bail to take his trial, the Justice should at once, and before the parties leave his presence, or the proceedings be considered as concluded, bind over the prosecutor and the witnesses to prosecute and give evidence at

the next court of competent criminal jurisdiction at which the accused is to be tried; in which case the Justice must at the same time give a notice of such binding, signed by him, to the several persons bound (Con. Stat. C. c. 102, ss. 37 & 38). (For forms, see article "Recognizance.")

MEANING OF CERTAIN WORDS.-The word "month" shall mean a calendar month, and the word "year" a calendar year The word "shall" is to be construed as imperative, and the word "may" as permissive. (Con. Stat. U. C. c. 2, ss. 2 & 13.)

INFORMATION FOR ONE OFFENCE ONLY.-An information or complaint must be for one offence only, or for one matter of complaint only, and not for two or more matters of complaint (Con. Stat. C. c. 103, s. 25); and every such information or complaint may be laid or made by the complainant or informant in person or by his counsel or attorney, or other person authorized in that behalf. Where two or more persons are convicted of a joint offence, the penalty should be imposed upon the parties severally, and not jointly; and a conviction imposing a joint penalty is bad, and will expose the committing magistrate to an action (Morgan v. Brown, 4 Ad. & E. 515).

VARIANCE BETWEEN INFORMATION AND EVIDENCE.-No variance between any information and the evidence adduced in support thereof, as to the time at which such offence or act is alleged to have been committed, shall be deemed material, if it be proved that such information was in fact laid within the time limited by law for laying the same; and any variance between such information and the evidence adduced in support thereof as to the place in which the offence or act is alleged to have been committed, shall not be deemed material, provided the offence or act be proved to have been committed within the jurisdiction of the Justice or Justices by whom such information is heard and determined (Con. Stat. C. c. 103, s. 21). If the party charged with the offence has been misled or deceived by such variance, the Justice may adjourn the hearing of the case (s. 22).

The following case illustrates what is not a variance within the Statute. An appellant was summoned on a charge of

being drunk and guilty of riotous behaviour, an offence punishable under a municipal by-law, and was convicted by the Justices of drunkenness, under the 21 Jac. I. c. 7. On a case stated, it was held that the conviction was bad, and that there was not a variance between the time or place mentioned in the summons and the evidence. The summons was for a kind of joint offence, and the Justices convicted of another offence, punishable in another and a different way. The proper course is in such a case to take out another summons.

VARIANCE BETWEEN WARRANT AND EVIDENCE.-No objection to be allowed for any variance between any warrant and the evidence adduced. (Con. Stat. C. c. 103, s. 12.)

SERVICE OF SUMMONS.-A summons may be served in any other jurisdiction than that of the Justice granting it, without being "backed" by any Justice in such other jurisdiction; the statutes on this subject only applying to warrants. (Con. Stat. C. c. 103, s. 11).

TIME FOR PAYMENT OF FINE.-It is not unusual for persons, on conviction, to request the Justices to allow time for payment of the fine, at the same time offering to pay down part immediately. Such applications cannot be safely granted, as it is conceived that after part payment the right of commitment would be gone, the Justice having no power to apportion the period of imprisonment. The law does not intend or provide for a man to suffer two modes of punishment, i. e., by purse and person, for the same offence; and on this principle, when the goods of an offender are not sufficient to satisfy a distress, they ought not to be taken, but the ulterior punishment resorted to.

RE-HEARING A CASE.-Justices are sometimes requested to re-hear a case after the decision has been pronounced, on the ground of the parties having been taken by surprise by the evidence, or of having, subsequently to the hearing, discovered testimony which might have affected the judgment. Justices have, however, no power to re-open the investigation after they have once given judgment, and after the court is closed. The

only way, then, of impeaching their judgment is by appeal or by certiorari.

Justices are not obliged to fix the fine or imprisonment at the time of conviction, but may take time either for the purpose of informing themselves as to the legal penalty, or of taking advice as to the law applicable to the case.

TRANSMISSION OF PAPERS.-In all indictable cases where the prisoner is committed for trial, the Justice must, as soon after as possible, deliver all the papers in connexion with the case, including the original information, depositions, recognizances, as also the statement of the prisoner (if any), to the County Crown Attorney. (Con. Stat. C. c. 102, s. 39; Con. Stat. U. C. c. 106, s. 9).

COUNTY CROWN ATTORNEY-It may also be mentioned here that the County Crown Attorney is by law the authorized adviser of any Justice of the Peace, in respect to criminal offences brought before him for investigation or for adjudication (Con. Stat. Upper Canada, c. 106, s. 1, sub-s. 6). If by any Justice of the Peace requested in writing, containing a statement of the particular case, he (the County Crown Attorney) shall advise and instruct such magistrate in respect to criminal offences brought before him for preliminary investigation or for adjudication. The Justice should give the full and correct names of the parties, in the case in which advice is required.

COPIES OF DEPOSITIONS. The parties are not entitled to copies of depositions in cases of summary conviction, and their only mode of compelling the production of the original is by certiorari. Neither is a person committed for default of sureties, and discharged at the Sessions, entitled to a copy of the depositions on which his commitment proceeded; but they should be furnished by the Justice if paid therefor.

CLAIM OF RIGHT.-If it appear that the act complained of were done by a defendant in the exercise of a bona fide claim or assertion of right, the jurisdiction of the Justices is at an end, although no express provision to that effect be contained

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