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But accused may be brought up at
If remand be for
43. If the remand be for a time not exceeding
, by verbal order: three clear days, such Justice or Justices may ver
bally order the constable or other person in whose custody such accused party may then be, or any other constable or person to be named by the Justice or Justices in that behalf, to continue or keep such accused party in his custody, and to bring him before the same or such other Justice or Justices as may be there acting at the time appointed for continuing the examination.
44. Any such Justice or Justices may order such an earlier day. accused party to be brought before him or them, or
before any other Justice or Justices of the Peace for the same territorial division, at any time before the expiration of the time for which such party has been remanded, and the gaoler or officer in whose custody
he then is shall duly obey such order. Party accused; 45. Instead of detaining the accused party in custo ball on the tody during the period for which such accused party
has been so remanded, any one Justice of the Peace before whom such party has so appeared or been brought as aforesaid, may discharge him upon
his entering into a recognizance (Q 2, 3) with or without a surety or sureties, at the discretion of such Justice, conditioned for his appearance at the time and place appointed for the continuance of the examination.
46. If such accused party does not afterwards recognizance, in appear at the time and place mentioned in such may transmit the recognizance, then, in Upper Canada, the said Jus
tice or any other Justice of the Peace who may then and there be present, having certified (Q 4) upon the back of the recognizance the non-appearance of such accused party, may transmit the recognizance to the Clerk of the Peace for the territorial division within which the recognizance was taken, to be proceeded upon in like manner as other recog
may be admitted
If party does not appear upon
same to the Clerk of the Peace.
on charge of
nizances, and such certificate shall be deemed sufficient prima facie evidence of the non-appearance of the said accused party.
47. Whenever a person appears or is brought if a person be before a Justice or Justices of the Peace in the ter-in one division, ritorial division wherein such Justice or Justices offence commit
ted in another, have jurisdiction, charged with an offence alleged to be may be ex have been committed by him within any territorial former. division wherein such Justice or Justices have not jurisdiction, such Justice or Justices shall examine such witnesses and receive such evidence in proof of the said charge as may be produced before him or them within his or their jurisdiction; and if in his or their opinion such testimony and evidence be sufficient proof of the charge made against the accused party, such Justice or Justices shall thereupon commit him to the common gaol or house of correction for the territorial division where the offence is alleged to have been committed, or shall admit him to bail as hereinafter mentioned, and shall bind over the prosecutor (if he has appeared before him or them) and the witnesses by recognizance as hereinbefore mentioned.
48. If such testimony and evidence be not, in the And if evidence opinion of such Justice or Justices, sufficient to put cient, may be the accused party upon his trial for the offence with the proper divi which he is charged, then the Justice or Justices shall, by recognizance, bind over the witness or wit- Where he may be nesses whom he has examined to give evidence as trial, or be bailed. hereinbefore is mentioned; and such Justice or Justices shall, by warrant (R 1) under his or their hand and seal or hands and seals, order the said accused party to be taken before some Justice or Justices of the Peace in and for the territorial division where the offence is alleged to have been committed, and shall at the same time deliver up the information and complaint, and also the depositions and recog
nizances so taken by him or them to the constable who has the execution of such last mentioned warrant, to be by him delivered to the Justice or Justices before whom he takes the accused, in obedience to the said warrant, and the said depositions and recognizances shall be deemed to be taken in the case, and shall be treated to all intents and purposes as if they had been taken by or before the said last mentioned Justice or Justices, and shall, together with such depositions and recognizances as such last mentioned Justice or Justices take in the matter of such charge against the said accused party, be transmitted to the clerk of the court or other proper officer where the said accused party is to be tried, in the manner and at the time hereinbefore mentioned, if such accused party should be committed for trial upon the said charge, or be admitted to bail.
As to payment of expenses of con
49. In case such accused party be taken before veying the accu- the Justice or Justices last aforesaid, by virtue of proper division, the said last mentioned warrant, the constable or
other person or persons to whom the said warrant is directed, and who has conveyed such accused party before such last mentioned Justice or Justices, shall upon producing the said accused party before such Justice or Justices, and delivering him into the custody of such person as the said Justice or Justices direct or name in that behalf, be entitled to be paid his costs and expenses of conveying the said accused
party before the said Justice or Justices. Justice to fur 50. Upon the said constable delivering to the said nish constable with a receipt of Justice or Justices the warrant, information (if any)
depositions and recognizances as aforesaid, and proving by oath the handwriting of the Justice or Justices who has subscribed the same, such Justice or Justices before whom the said accused party is produced, shall thereupon furnish such constable with
a receipt or certificate (R 2) of his or their having received from him the body of the said accused party, together with the said warrant, information (if any) depositions and recognizances, and of his having proved to him or them, upon oath, the handwriting of the Justice who issued the said warrant.
51. The said constable, on producing such receipt Constable on or certificate to the sheriff or high bailiff, if he was cortificato to bo employed by such officer, and if not, then to the pald. treasurer of the municipality or division in which such accused party was apprehended, shall be entitled to be paid all his reasonable charges, costs and expenses of conveying such accused party into such other territorial division, and of returning from the
two Justices to
52. When any person appears before any Justice power to any of the Peace charged with a felony or suspicion of bail person. felony, and the evidence adduced is in the opinion felony, &c. of such Justice, sufficient to put such accused party on his trial as hereinafter mentioned, but does not furnish such a strong presumption of guilt as to warrant his committal for trial, such Justice, jointly with some other Justice of the Peace, may admit such person to bail upon his procuring and producing such surety or sureties as in the opinion of such two Justices will be sufficient to ensure the appearance of the person so charged at the time and place when and where he is to be tried for the offence; and thereupon such two Justices shall take the recognizances (S 1, 2) of the said accused person and his sureties, conditioned for the appearance of such accused person at the time and place of trial, and that he will then surrender and take his trial, and not depart the court without leave.
53. When the offence committed or suspected to have been committed is a misdemeanor, any one you loo may ball. Justice may admit to bail in manner aforesaid; and
In case of miadobis discretion may order a admitted to bail.
such Justice or Justices may at their discretion require such bail to justify upon oath as to their sufficiency, which oath the said Justice or Justices may administer, and in default of such person procuring sufficient bail, then such Justice or Justices may commit him to prison, there to be kept until
delivered according to law. County Judge in
54. In Upper Canada, in all cases of felony, where
the party accused has been finally committed as perty.committed hereinafter provided, any county judge who is also
a Justice of the Peace for the county within the limits of which such accused party is confined, may, in his discretion, on application made to him for that purpose, order such accused party or person to be admitted to bail on entering into recognizance with sufficient sureties before two Justices of the Peace, in such an amount as the said judge directs, and thereupon such Justices shall issue a warrant of deliverance (S 3) as hereinafter provided, and shall attach thereto the order of the judge directing the admitting of such party to bail.
55. No Justice or Justices of the Peace or county cept by Judge's judge shall admit any person to bail accused of
treason or murder, nor shall any such person be admitted to bail, except, in Lower Canada, by order of Her Majesty's Court of Queen's Bench, or of one of the judges thereof, or of a judge of the Superior Court, or, in Upper Canada, by order of Her Majesty's Court of Queen’s Bench or Common Pleas, or of one of the judges thereof; and nothing herein contained shall prevent such courts or judges admitting any person accused of misdemeanor or felony to bail when they may think it right so to do.
56. In all cases where a Justice or Justices of the Peace admits to bail any person who is then in any prison charged with the offence for which he is so admitted to bail, such Justice or Justices shall send
Certain offences not bailable ex
Justice bailing after commit ment to issue a warrant of deliverance.