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deposited by the Justice of the Peace who has taken the same at the office of the clerk of the peace in the district or county, and shall by the said clerk be filed among the records of the sessions of the said district.” (16. 8. 4.)
PENALTY ON JUSTICES. — “When not otherwise provided, any person who acts as a Justice of the Peace in and for any district or county in this province, without having taken and subscribed the aforesaid oath, or without being qualified according to the true intent and meaning of this act, shall for every such offence forfeit the sum of one hundred dollars, one moiety to her Majesty and the other moiety to such person as will sue for the same, to be recovered, together with full costs of suit, by civil action or by information, in any court having competent jurisdiction in the district or county wherein the offence has been committed ; and in every such action, suit or information, the proof of his qualification shall be upon the person against whom the suit is brought.” (Ib. s. 6.)
LIMITATION OF ACTIONS.—“Every action, suit or information given by this act shall be commenced within the space of six months next after the fact committed.” (16. s. 15.)
FINES AND PENALTIES TO BE PAID TO RECEIVER GENERAL.“The fines and penalties incurred and payable to her Majesty by virtue of this act, shall be paid into the hands of the Receiver General for the public uses of the province.” (Ib. s. 19.)
COUNTY CROWN ATTORNEY. To EXAMINE INFORMATIONS. " Receive and examine all informations, examinations, depositions, recognizances, inquisitions and papers connected with criminal charges, which the magistrates and coroners of the county are hereby required to transmit to him -- and when necessary, he shall cause such charges to be further investigated, and additional evidence to be collected if required,-and shall also sue out process to compel the attendance of witnesses and the production of papers, so that prosecutions at the assizes and quarter sessions may not be unnecessarily delayed or fail through want of proof that might be secured.” (Con. Stat. U. C. c. 106, s. 1.)
TO CONDUCT BUSINESS AT SESSIONS.- “ He shall institute and conduct on the part of the crown prosecutions for felonies and misdemeanors at the court of Quarter Sessions for the county he is appointed to, in the same manner as the law officers of the crown institute and conduct similar prosecutions at the assizes, and with like rights and privileges, except as to the right of entering a nolle prosequi ; and generally he shall attend to all criminal business at the court of Quarter Sessions, and perform also the like duties in the recorder's court in those cities wherein such courts exist.” (Ib. sub-sec. 2.)
TO WATCH BUSINESS. “He shall watch over the conduct of cases at the court of Quarter Sessions, wherein it is questionable if the conduct complained of be punishable by law, or where the particutar act or omission presents more of the features of a private injury than a public offence; and without unnecessarily interfering with private individuals who wish in such cases to prosecute, may assume wholly the conduct of the case where justice towards the accused seems to demand his interposition,” (Ib. sub-sec. 3.)
TO DELIVER PAPERS.- “ He shall deliver to the crown officer or counsel appointed by the attorney general all papers connected with the criminal business at the assizes, on or before the opening of the court; he shall be present at such court, and, if required, shall assist such crown officer or counsel with the criminal business; and in the absence of the law officers of the crown and of such counsel, he shall represent the crown and take the charge and conduct of the criminal business to be done at the assizes for his county.” (Ib. sub-sec. 4.) TO CONDUCT PROCEEDINGS BEFORE MAGISTRATES.
“ If required by the general regulations touching his office to be made in pursuance of the provisions hereinafter contained, he shall institute and conduct proceedings before Justices of the Peace under any act or law conferring summary powers to convict for offences in relation to the public revenue, the public property, the public domain, the public peace, the public health,
and any other matter made punishable on summary conviction before Justices of the Peace; and the county attorney is hereby empowered to institute such proceedings, on a complaint in writing, or as public prosecutor, in cases wherein the public interests require the exercise of such office.” (Ib. sub-sec. 5.)
To ADVISE MAGISTRATES.—“If by any Justice of the Peace requested in writing containing a statement of the particular case, he shall advise and instruct such magistrate in respect to criminal offences brought before him for preliminary investigation or for adjudication.”* (Ib. sub-sec. 6.)
“IIe shall perform all such duties and services as the go vernor, by regulations in council from time to time, prescribes and directs for carrying out the provisions of any act imposing duties upon county attorneys, and also touching the office of county attorneys and the prosecution of criminal offenders.” (16. sub-sec. 7.)
Costs ALLOWED HIM.—“In every case of misdemeanor tried at the court of Quarter Sessions, in which costs are or may be ordered to be paid by a defendant, the county attorney shall be entitled to fees as attorney and counsel for services rendered in such case, to be taxed by the court according to the scale of allowance in the county courts, as nearly as the nature of such services will allow : such fees, in case of conviction, to form part of the costs payable by a defendant.” (16. s. 2, sub-sec. 3.)
“In all cases of felony tried as aforesaid, and in all cases of misdemeanor, in which no costs have been ordered to be paid, or, if ordered to be paid, cannot be made of the defendant, the county attorney shall be entitled to receive for the services rendered by him in each such case the sum of five dollars, to be paid upon certificate of the chairman of the court of Quarter Sessions, and to form a portion of the expenses of the administration of criminal justice in Upper Canada.”* (16. s. 4.)
* The Justice should not fail to give the county crown attorney a full statement in writing of the case upon which advice is asked. In many cases the better course is to send the information and depositions, if any.
As the qustions which sometimes arise before the Justice are new and complicated, he should adjourn the case for several days, so as to give the crown attorney sufficient time to answer, and should inform him of the time to which the case has been adjourned, so that he may be present if the case is one requiring his presence under the fifth sub-section above quoted.
CASE OF ILLNESS PROVIDED FOR.- “ In case of the illness or unavoidable absence of the county attorney, the judge of the county court of the county may appoint some barrister at law to act for such county attorney during such illness or absence, and notice of the appointment and of the cause thereof shall be sent by such county attorney to the governor, who may at any time annul such appointment.” (Ib. s. 8.)
JUSTICES AND CORONERS TO DELIVER PAPERS TO.—“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 deemed the * proper officer of the courts within the meaning of the Consolidated Statute of Canada respecting the duties of Justices of the Peace out of sessions, in relation to persons charged with indictable offences; and in every case of inquisition found before coroners, the inquisition and every recognizance taken before them, with the written information (if any) and the depositions and statements (if any) of the accused, shall be forthwith delivered to the county attorney of the county in which such inquisition has been found; and in every case in which an information has been laid or complaint made before a Justice of the Peace, whether proceedings have been taken therein or not, such Justice shall hand over to the county attorney all papers connected therewith, on being by him requested so to do.” (Ib. s. 9.)
FOREIGN ENLISTMENT. The very large number of persons to be tried for this crime, and the fact that they could only be tried under the Imperial act before one of the superior courts, induced the legislature at its last session to amend the law and make the following enactment:
* In all cases in which the court orders the defendant to pay costs, the costs so to be paid should be taxed or fixed by the court at some certain sum before sentence is pronounced, otherwise they cannot be ordered to be paid by defendant,
“If any person whatever in this province shall hire, retain, engage or procure, or shall attempt or endeavor to hire, retain, engage or procure, any natural-born subject of her Majesty, person or persons whatever, to enlist or to enter or engage to enlist, or to serve or to be employed, in any warlike or military operation in the service of, or for, or under or in aid of any foreign prince, state, potentate, colony, province, or part of any province or people, or of any person or persons exercising or assuming to exercise the powers of government in or over any foreign country, colony, province, or part of a province or people, either as an officer, soldier, sailor or marine, or in any other military or warlike capacity,—or to commit any other offence whatever against the provisions of the second section of the act of the parliament of the United Kingdom, passed in the fifty-ninth year of the reign of King George the Third, chapter sixty-nine, and intituled: 'An Act to prevent the enlistment or engagement of his Majesty's subjects to serve in foreign service, and the fitting out or equipping, in his Majesty's dominions, vessels for warlike purposes without his Majesty's license;' such offender may be prosecuted either in the manner provided by the said act, or in a summary manner before any judge of the superior court for Lower Canada, or any judge of either of the superior courts of common law for Upper Canada, or any judge of a county court, recorder, judge of the sessions of the peace or police magistrate, or befyre any two Justices of the Peace for the district or county where the offence shall have been committed, and if convicted of such offence on the oath of one or more credible witness or witnesses, may be condemned to pay a penalty of two hundred dollars with costs, and may be committed to the common gaol of the district, county or city for a period not exceeding six months at hard labour, and if such penalty and costs be not forthwith paid, then for such further time as the same may remain unpaid; and such penalty shall belong, one-half to the prosecutor and