to do, then, instead of issuing such summons, the Justice may issue his warrant (L 3) in the first instance, and the warrant, if necessary, may be backed as aforesaid.

ing on summons

be examined may

29. If on the appearance of the person so sum- Persons appearmoned before the said last mentioned Justice or Jus- and refusing to tices, either in obedience to the said summons or be committed. upon being brought before him or them by virtue of the said warrant, such person refuses to be examined upon oath or affirmation concerning the premises, or refuses to take such oath or affirmation, or having taken such oath or affirmation, refuses to answer the questions concerning the premises then put to him without giving any just excuse for such refusal, any Justice of the Peace then present and there having jurisdiction, may, by warrant (L 4) under his hand and seal, commit the person so refusing to the common gaol or house of correction for the territorial division where the person so refusing then is, there to remain and be imprisoned for any time not exceeding ten days, unless he in the meantime consents to be examined and to answer concerning the premises.

examination of

30. In all cases where any person appears or is As to the brought before any Justice or Justices of the Peace witnesses. charged with any indictable offence, whether committed in this province or upon the high seas, or on land beyond the sea, or whether such person appears voluntarily upon summons or has been apprehended, with or without warrant, or is in custody for the same or any other offence, such Justice or Justices before he or they commit such accused person to prison for trial, or before he or they admit him to bail, shall, in the presence of such accused person, (who shall be at liberty to put questions to any witness produced against him,) take the statement (M) on oath or affirmation of those who know the facts and circumstances of the case, and shall put the

Justice to administer oath or affirmation.

After examina

tion of the ac

read depositions

him and caution

statement he may make.

same in writing, and such depositions shall be read over to and signed respectively by the witnesses so examined, and shall be signed also by the Justice or Justices taking the same.*

31. The Justice or Justices before whom any such witness appears to be examined as aforesaid, shall, before such witness is examined, administer to such witness the usual oath or affirmation, which such Justice or Justices are hereby empowered to do; and if upon the trial of the person so accused as first aforesaid, it be proved upon the oath or affirmation. of any credible witness, that any person whose deposition has been taken as aforesaid is dead, or is so ill as not to be able to travel, and if it be also proved that such deposition was taken in presence of the person so accused, and that he, his counsel or attorney, had a full opportunity of cross-examining the witness, then if such deposition purports to be signed by the Justice by or before whom the same purports to have been taken, it shall be read as evidence in such prosecution without further proof thereof, unless it be proved that such deposition was not in fact signed by the Justice purporting to have signed the same.*

32. After the examinations of all the witnesses cused, Justice to on the part of the prosecution as aforesaid have been taken against completed, the Justice of the Peace, or one of the him as to any Justices by or before whom such examinations have been so completed, shall, without requiring the attendance of the witnesses, read or cause to be read to the accused the depositions taken against him, and shall say to him these words, or words to the like effect: "Having heard the evidence, do you wish to say anything in answer to the charge? You

*The perusal of form "M," referred to in sec. 30, is calculated to lead the Justice to suppose that it is only necessary for him to sign his name at the bottom of the depositions of all the witnesses, in the case examined before him on the same day; whereas, he should sign his name at the bottom of the deposition of each witness.

are not obliged to say anything unless you desire to do so; but whatever you say will be taken down in writing, and may be given in evidence against you upon your trial:" and whatever the prisoner then says in answer thereto shall be taken down in writing (N) and read over to him, and shall be signed by the said Justice or Justices, and kept with the depositions of the witnesses, and be transmitted with them as hereinafter mentioned.*

may be given in

evidence in cer

tain cases.

be made to the accused party.

33. Upon the trial of the accused person, the exa- Examinations minations may, if necessary, be given in evidence against him without further proof thereof, unless it be proved that the Justice or Justices purporting to have signed the same, did not in fact sign the same. 34. The said Justice or Justices, before such Explanations to accused person makes any statement, shall state to him and give him clearly to understand that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been held out to him to induce him to make any admission or confession of his guilt, but that whatever he then says may be given in evidence against him upon his trial, notwithstanding such promise or threat.

contained to pre

from giving in

35. Nothing herein contained shall prevent any Nothing herein prosecutor from giving in evidence any admission or vent prosecutor confession, or other statement made at any time by evidence confesthe person accused or charged which by law would be admissible as evidence against him.

sion, &c.

minations taken

court, and no

without consent.

36. The room or building in which the Justice or place where exaJustices take the examinations and statement as not an open aforesaid, shall not be deemed an open court for person to remain that purpose; and such Justice or Justices, in his or their discretion, may order that no person shall have access to or be or remain in such room or building, without the consent or permission of such Jus

After the Justice gives the caution under this section, he should continue and give the explanation directed by section 34.

Power to Justices to bind over the

witnesses by

tice or Justices, if it appear to him or them that the ends of justice will be best answered by so doing.

37. Any Justice or Justices before whom any prosecutors and witness is examined as aforesaid, may bind by recogrecognizances. nizance (O 1) the prosecutor, and every such witness to appear at the next court of competent criminal jurisdiction at which the accused is to be tried, then and there to prosecute, or prosecute and give evidence, or to give evidence (as the case may be), against the party accused, which said recognizance shall particularly specify the profession, art, mystery or trade of every such person entering into or acknowledging the same, together with his Christian and surname, and the parish, township or place of his residence, and if his residence be in a city, town or borough, and when convenient so to do, the name of the street and the number (if any) of the house in which he resides, and whether he is owner or tenant thereof, or lodger therein.

Recognizances to be subscribed to

38. The said recognizance, being duly acknowby Justices, &c. ledged by the person entering into the same, shall be subscribed by the Justice or Justices before whom the same is acknowledged, and a notice (O 2) thereof, signed by the said Justice or Justices, shall at the same time be given to the person bound thereby.

be transmitted to
the court in
which the trial
is had.

Recognizances to 39. The several recognizances so taken, together with the written information (if any), the depositions, the statement of the accused, and the recognizance of bail (if any) shall be delivered by the said Justice or Justices, or he or they shall cause the same to be delivered to the proper officer of the court in which the trial is to be had, that is to say, in Upper Canada, to the County Attorney for the county, without delay, and in Lower Canada, to the proper officer, before or at the opening of the court, on the first day of the sitting thereof, or at such other time as the Judge, Justice, or person who is to

preside at such court, or at the said trial, orders and appoints.

to enter into re

be committed.

40. If any such witness refuses to enter into or witness refusing ackowledge such recognizance as aforesaid, the Jus- cognizance may tice or Justices of the Peace by his or their warrant (P1), may commit him to the common gaol or house of correction for the territorial division in which the accused party is to be tried, there to be imprisoned and safely kept until after the trial of such accused party, unless in the meantime such witness duly enters into such recognizance as aforesaid before some one Justice of the Peace for the territorial division in which such gaol or house of correction is situate.

41. If afterwards, for the want of sufficient Discharge. evidence in that behalf, or other cause, the Justice or Justices before whom such accused party has been brought, does not commit him or hold him to bail for the offence charged, such Justice or Justices, for the same territorial division, by his or their order' (P 2) in that behalf, may order and direct the keeper of such common gaol or house of correction where such witness is in custody, to discharge him from the same, and such keeper shall thereupon forthwith discharge him accordingly.

to remand the

time to time not

exceeding eight days by warrant.

42. If from the absence of witnesses, or from Power to Justice any other reasonable cause, it becomes necessary or accused from advisable to defer the examination or further examination of the witnesses for any time, the Justice or Justices before whom the accused appears or has been brought by his or their warrant (Q 1) may from time to time remand the party accused for such time. as by such Justice or Justices in their discretion may be deemed reasonable, not exceeding eight clear days at any one time, to the common gaol, or house of correction or other prison, lock-up house, or place of security in the territorial division for which such Justice or Justices are then acting.