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to or cause to be lodged with the keeper of such prison a warrant of deliverance (S 3) under his or their hand and seal or hands and seals, requiring the said keeper to discharge the person so admitted to bail, if he be detained for no other offence, and upon such warrant of deliverance being delivered to or lodged with such keeper, he shall forth with obey the same.
57. When all the evidence offered upon the part if the evidence of the prosecution against the accused party has ficient, party to been heard, if the Justice or Justices of the Peace then present be of opinion that it is not sufficient to put the accused party upon his trial for any indictable offence, such Justice or Justices shall forth with order such accused party, if in custody, to be discharged as to the information then under inquiry; but if in the opinion of such Justice or Justices the If sufficient, to be evidence is sufficient to put the accused party upon ted &c.
bailed or commit his trial for an indictable offence, although it may not raise such a strong presumption of guilt as would induce such Justice or Justices to commit the accused for trial without bail, or if the offence with which the party is accused be a misdemeanor, then such Justices shall admit the party to bail as hereinbefore provided, but if the offence be a felony, and the evidence given is such as to raise a strong presumption of guilt, then such Justice or Justices shall by his or their warrant (T 1) commit him to the common gaol for the territorial division to which he may by law be committed, or in the case of an indictable offence committed on the high seas, or on land beyond the sea, to the common gaol of the territorial division within which such Justice or Justices have jurisdiction, to be there safely kept until delivered by due course of law.
58. The constable or any of the constables, or Provisions other persons to whom any warrant of commitment convoyance of
prisoners to gaol. authorized by this or any other act is directed, shall
convey the accused person therein named or described to the gaol or other prison mentioned in such warrant, and there deliver him, together with the warrant, to the gaoler, keeper or governor of such gaol or prison, who shall thereupon give the constable or other person delivering the prisoner into his custody a receipt (T 2) for such prisoner, setting forth the state and condition of the prisoner when delivered into the custody of such gaoler, keeper or governor.
As to payment of costs for the same.
59. In all cases in Lower Canada where such constable or other person is entitled to his costs or expenses for conveying such person to prison as aforesaid, the Justice or Justices who commit the accused party, or any Justice of the Peace in and for the territorial division wherein the offence is alleged in the said warrant to have been commttted may ascertain the sum which ought to be paid to such constable or other person for arresting and conveying such prisoner to such gaol or prison, and also the sum which should reasonably be allowed him for his expenses in returning, and thereupon such Justice shall make an order (T2) upon the sheriff for the territorial division within which the the offence is alleged to have been committed, for payment to such constable or other person of the sums so ascertained to be payable to him in that behalf; and the said sheriff, upon such order being produced to him shall pay the amount thereof to such constable or other person producing the same, or to any person who produces the same to him for
payment. When and how 60. At any time after all the examinations aforebe entitled to a said have been completed, and before the first day company or depost of the sessions, or other first sitting of the court at
which any person so committed to prison or admitted to bail as aforesaid is to be tried, such person
may require and shall be entitled to have from the officer or person having custody of the same, copies of the depositions on which he has been committed or bailed, on payment of a reasonable sum for the same, not exceeding the rate of five cents for each folio of one hundred words.
61. Any one inspector and superintendent of Powers of police, any police magistrate or stipendiary magis- police, &c. trate, appointed for any territorial division, may do alone whatever is authorized by this Act to be done by any two or more Justices of the Peace, and the several forms in this Act contained, may be varied so far as necessary to render them applicable to such inspector and superintendent of police, or to such police magistrate or stipendiary magistrate.
62. Every coroner, upon any inquisition taken Duty of coroner. before him, whereby any person is indicted for manslaughter or murder, or as an accessory to murder before the fact, shall in presence of the party accused, if he can be apprehended, put in writing the evidence given to the jury before him, or as much thereof as may be material, giving the party accused full opportunity of cross-examination; and the coroner shall have authority to bind by recognizance all such persons as know or declare anything material touching the said manslaughter or murder, or the said offence of being accessory to murder, to appear at the next court of oyer and terminer or gaol delivery, or other court at which the trial is to be, then and there to prosecute or give evidence against the party charged; and every such coroner shall certify and subscribe the same evidence, and all such recognizances, and also the inquisition before him taken, and shall deliver the same to the county attorney of the county, or to the proper officer of the court, at the time and in the manner specified in the thirtyninth section of this act.
When party committed wishes to be bailed, the Justices, on no tice thereof. to forward all iofor.
of the Crown.
63. When and so often as any person has been committed for trial by any Justice or Justices, or
coroner as aforesaid, such prisoner, his counsel, mation to Clerk attorney or agent may notify the said cominitting
Justice or Justices, or coroner, that he will, so soon as counsel can be heard, move one of Her Majesty's courts of superior criminal jurisdiction for that part of the Province in which such person stands committed, or one of the judges thereof, or in Lower Canada a judge of the Superior Court, or in Upper Canada the judge of the county court, if it is intended to apply to such judge under the fifty-fourth section of this Act, for an order to the Justices of the Peace, or coroner for the territorial division where such prisoner is confined, to admit such prisoner to bail, whereupon such committing Justice or Justices, or coroner, shall, with all convenient expedition, transmit to the office of the Clerk of the Crown, or the chief clerk of the court, or the clerk of the county court (as the case may be) close under the hand and seal of one of them, a certified copy of all informations, examinations and other, evidences, touching the offence wherewith such prisoner has been charged, together with a copy of the warrant of commitment and inquest, if any such there be, and the packet containing the same shall be handed to the person applying therefor, in order to such transmission, and it shall be certified on the outside thereof to contain the information touching the case in question.
Same order to be 64. Upon application to any of IIer Majesty's made as upon habeas corpus. courts of superior criminal jurisdiction for that part
of the Province within which such person stands committed, or to any judge thereof, the same order touching the prisoner being bailed or continued in custody, shall be made as if the party were brought up upon a habeas corpus.
tices and Coro
65. If any Justice or coroner neglects or offends Penalty on Jusin anything contrary to the true intent and meaning ners
. of any of the provisions of the sixty-second and following sections of this Act, the court to whose officer any such examination, inforination, evidence, bailment recognizance or inquisition ought to have been delivered, shall, upon examination and proof of the offence, in a summary manner, set such fine upon every
such Justice or coroner as the court thinks meet.
66. The provisions of this Act relating to Justices Provisions to and coroners shall apply to the Justices and coroners Juntices and not only of districts and counties at large, but also of all other territorial divisions and jurisdictions.
67. The several forms in the schedule to this Act contained, or forms to the like effect, shall be good, valid and sufficient in the law; and the word " district” as used therein is intended to apply to Lower Canada, and the words “county" or "united counties” to Upper Canada.