REMAND." Where any person is charged before any Justice or Justices of the Peace with any offence mentioned in this act, and in the opinion of such Justice or Justices the case may be proper to be disposed of by a recorder or by an inspector and superintendent of the police, or by a police magistrate, as herein provided, the Justice or Justices before whom such person is so charged may, if he or they see fit, remand such person for further examination before the recorder or before the inspector and superintendent of the police of the nearest city, or before the nearest police magistrate, in like manner in all respects as a Justice or Justices are authorized to remand a party accused under the general act respecting the duties of Justices of the Peace out of sessions in like cases." (Ib. s. 18.) "No Justice or Justices of the Peace in Upper Canada shall so remand any person for further examination before any recorder, inspector, and superintendent of police, or police magistrate in Lower Canada, nor shall any Justice or Justices of the Peace in Lower Canada so remand any person for further examination before any recorder or police magistrate in Upper Canada." (Ib. s. 19.) "Any person so remanded for further examination before the recorder of any city may be examined and dealt with by the inspector and superintendent of the police or police magistrate of the same city; and any person so remanded for further examination before the inspector and superintendent of the police or the police magistrate of any city, may be examined and dealt with by the recorder of the same city." (Ib. s. 20.) "If any person suffered to go at large upon entering into such recognizance as the Justice or Justices are authorized under the last mentioned act to take, on the remand of a party accused, conditioned for his appearance before a recorder under the preceding sections of this act, does not afterwards appear pursuant to such recognizance, then the recorder before whom he ought to have appeared shall certify (under his hand) on the back of the recognizance, to the clerk of the peace of the district in Lower Canada, or county or union of counties in Upper Canada, the fact of such non-appearance, and such recognizance shall be proceeded upon in like manner as other recognizances, and such certificate shall be deemed sufficient prima facie evidence of such non-appearance." (Ib. 8. 21.) RETURN OF CONVICTIONS..." The recorder adjudicating under this act shall transmit the conviction, or a duplicate of a certificate of dismissal, with the written charge, the depositions of witnesses for the prosecution and for the defence, and the statement of the accused, to the next court of Quarter Sessions for the district in Lower Canada, or the county or union of counties in Upper Canada, there to be kept by the proper officer among the records of the court." (Ib. s. 22.) COPY OF CONVICTION.-"A copy of such conviction, or of such certificate of dismissal, certified by the proper officer of the court, or proved to be a true copy, shall be sufficient evidence to prove a conviction or dismissal for the offence mentioned therein., in any legal proceeding whatever.” (Ib. s. 23.) RESTITUTION."The recorder by whom any person has been convicted under this act may order restitution of the property stolen, taken, or obtained by false pretences, in those cases in which the court before whom the person convicted would have been tried but for this act might by law order restitution." (Ib. s. 24.) OPEN COURT." Every recorder's court, for the purposes of this act, shall be an open public court, and a written or printed notice of the day and hour for holding such court shall be posted or affixed by the clerk of the said court upon the outside of some conspicuous part of the building or place where the same is held." (Ib. s. 25.) DUTIES OF JUSTICES NOT AFFECTED." The provisions of the act respecting the duties of Justices of the Peace out of sessions, in relation to summary convictions and orders, and the provisions of the act respecting the duties of Justices of the Peace out of sessions in relation to persons charged with indictable offences, shall not be construed as applying to any proceeding under this act." (Ib. s. 26.) · EFFECT OF CONVICTION.-"Every conviction by a recorder under this act shall have the same effect as a conviction upon indictment for the same offence would have had, save that no conviction under this act shall be attended with forfeiture." (Ib. s. 27.) CERTIFICATE OF DISMISSAL.-"Every person who obtains a certificate of dismissal, or is convicted under this act, shall be released from all further or other criminal proceedings for the same cause." (Ib. s. 28.) WANT OF FORM.-"No conviction, sentence, or proceeding under this act shall be quashed for want of form; and no warrant of commitment upon à conviction shall be held void by reason of any defect therein, if it be therein alleged that the offender has been convicted, and there be a good and valid conviction to sustain the same." (Ib. s. 29.) JURISDICTION OF POLICE MAGISTRATES.-"The inspector and superintendent of police for the city of Quebec, the inspector and superintendent of police for the city of Montreal, and the police magistrate for any city in Upper Canada, sitting in open court, may respectively, in the case of persons charged before them, do all acts by this act authorized to be done by recorders, and all the provisions of this act referring to recorders and recorders' courts shall be read and construed also as referring to such inspectors and superintendents of the police and police magistrates and the courts and the clerks of the courts held by them respectively, and as giving them full power to do all acts authorized to be done by recorders in the case of persons charged before them respectively.” (Ib. s. 30.) JUVENILE OFFENDERS." Nothing in this act shall affect the provisions of the act respecting the trial and punishment of juvenile offenders; and this act shall not extend to persons punishable under that act, so far as regards offences for which such persons may be punished thereunder.” (Ib. s. 34.) PAYMENT AND APPLICATION OF FINES." Every fine imposed under the authority of this act shall be paid to the recorder, superintendent of police, sheriff, deputy sheriff, or Justice of the Peace who has imposed the same, or to the clerk of the recorder's court or clerk of the peace, as the case may be, and shall be by him or them paid over to the county treasurer, for county purposes, if it has been imposed in Upper Canada." (Ib. s. 35.) "In the interpretation of this act, 'property' shall be construed to include everything included under the words 'chattel, money, or valuable security,' as used in the act respecting offences against person and property; and in case of any 'valuable security,' the value of the share, interest, or deposit to which the security may relate, or of the money due thereon or secured thereby and remaining unsatisfied, or of the goods or other valuable thing mentioned in the warrant or order, shall be deemed to be the value of such security." (Ib. s. 36.) to wit. FORM A. (See s. 5.)-CONVICTION. at Be it remembered, that on the - day of, in the year of our Lord A. B. being charged before me the undersigned, of the said city, and consenting to my deciding upon the charge summarily, is convicted before me, for that he the said A. B., &c. (stating the offence, and the time and place when and where committed); and I adjudge the said A. B., for his said offence, to be imprisoned in the (and there kept to hard labour) for the space of Given under my hand and seal, the day and year first above mentioned, aforesaid. J. S. [L. S.] at FORM B.-(See s. 5.)-CERTIFICATE OF DISMISSAL. I, the undersigned, of the city of certify that on the at afore to wit. said, A. B. being charged before me, and consenting to my deciding upon the charge summarily, for that he the said A. B. (stating the offence charged, and the time and place when and where alleged to have been committed), I did, having summarily adjudicated thereon, dismiss the said charge. Given under my hand and seal, this our Lord at day of at aforesaid. J. S. [L. S.] FORM C.-(See s. 10.)-CONVICTION UPON A PLEA OF GUILTY. Be it remembered that on the day of in the year of , A. B. being charged before me the to wit. undersigned of the said city, for that he the said A. B., &c. (stating the offence, and the time and place when and where committed), and pleading guilty to such charge, he is thereupon convicted before me of the said offence; and I adjudge him the said A. B., for his said offence, to be imprisoned in the (and there kept to hard labour) for the space of —. Given under my hand and seal, the day and year first above mentioned, aforesaid. J. S. [L. S.] at RAILWAYS-OFFENCES RELATING TO. RAILWAYS NOT TO BE CARRIED ALONG AN EXISTING HIGHWAY WITHOUT LEAVE FROM MUNICIPALITY. "The highways and bridges shall be regulated as follows: 1. "The railway shall not be carried along an existing highway, but merely cross the same in the line of the railway, unless leave has been obtained from the proper municipal authority therefor; and no obstruction of such highway with the works shall be made without turning the highway so as to leave an open and good passage for carriages; and, on completion of the works, replacing the highway, under a penalty of forty dollars for any contravention; but in either case, the rail itself, provided it does not rise above or sink below the surface more than one inch, shall not be deemed an obstruction. 2. "No part of the railway which crosses any highway without being carried over by a bridge, or under by a tunnel, shall rise above or sink below the level of the highway more than one inch, and the railway may be carried across or above any highway within the limits aforesaid. 3. "The space of the arch of any bridge erected for carrying the railway over or across any highway shall at all times be and be continued of the open and clear breadth and space, under such arch, of not less than twenty feet, and of a height from the surface of such highway to the centre of such arch of not less than twelve feet, and the descent under any such bridge shall not exceed one foot in twenty. 4. "The ascent of all bridges for carrying any highway over any railway shall not be more than one foot in twenty feet increase over the natural ascent of the highway, and a good and sufficient fence shall be made on each side of every bridge, which fence shall not be less than four feet above the surface of the bridge. "Signboards, stretching across the highway crossed at a level by any railway, shall be erected and kept up at each crossing, at such height as to leave sixteen feet from the highway to the lower edge of the signboard, and having the words 'railway crossing' painted on each side of the signboard, in |
