order the offender to be detained in safe custody until the day so appointed, unless such offender gives security to the satisfaction of the justices, for his appearance on such day; and the justices may take such security by way of recognizance or otherwise in their discretion.

2. If at any time so appointed such penalty has not been paid, the same or any other justices of the peace may, by warrant, under their hands and seals, commit the offender to the common gaol or other place of confinement within their jurisdiction, there to remain for any time not exceeding three months, reckoned from the day of such adjudication.

826. Costs.-The justices before whom any person is prosecuted or tried for any offence cognizable under this part may, in their discretion, at the request of the prosecutor or of any other person who appears on recognizance or summons to prosecute or give evidence against such person, order payment to the prosecutor and witnesses for the prosecution, of such sums as to them seem reasonable and sufficient, to reimburse such prosecutor and witnesses for the expenses they have severally incurred in attending before them, and in otherwise carrying on such prosecution, and also to compensate them for their trouble and loss of time therein, -and may order payment to the constables and other peace officers for the apprehension and detention of any person so charged.

2. The justices may, although no conviction takes place, order all or any of the payments aforesaid to be made, when they are of opinion that the persons, or any of them, have acted in good faith.

827. Application of Fines.—Every fine imposed under the authority of this part shall be paid and applied as follows, that is to say :—

(a.) In the province of Ontario, to the justices who impose the same or the clerk of the county court, or the clerk of the peace, or other proper officer, as the case may be, to be by him or them paid over to the county treasurer for county purposes ;

(b.) In any new district in the province of Quebec, to the sheriff of such district as treasurer of the building and jury fund for such district to form part of such fund, and in any other district in the

province of Quebec to the prothonotary of such district, to be applied by him, under the direction of the Lieutenant-Governorin-Council, towards the keeping in repair of the court house in such district or to be added by him to the money or fees collected by him for the erection of a court house or gaol in such district, so long as such fees are collected to defray the cost of such erection;

(c.) In the provinces of Nova Scotia and New Brunswick, to the county treasurer. for county purposes; and

(d.) In the provinces of Prince Edward Island, Manitoba and British Columbia to the treasurer of the province.

828. Costs to be Certified by Justices. The amount of expenses of attending before the justices and the compensation for trouble and loss of time therein, and allowances to the constable and other peace officers for the apprehension and detention of the offender, and the allowances to be paid to the prosecutor, witnesses and constables for attending at the trial or examination of the offender, shall be ascertained by and certified under the hands of such justices; but the amount of the costs, charges and expenses attending any such prosecution, to be allowed and paid as aforesaid, shall not in any one case exceed the sum of eight dollars.

2. Every such order of payment to any prosecutor or other person, after the amount thereof has been certified by the proper justices of the peace as aforesaid, shall be forthwith made out and delivered by the said justices or one of them, or by the clerk of the peace or other proper officer, as the case may be, to such prosecutor or other person, upon such clerk or officer being paid his lawful fee for the same, and shall be made upon the officer to whom fines imposed under the authority of this part are required to be paid over in the district, city, county or union of counties in which the offence was committed, or was supposed to have been committed, who, upon sight of every such order, shall forthwith pay to the person named therein, or to any other person duly authorized to receive the same on his behalf, out of any moneys received by him under this part, the money in such order mentioned, and he shall be allowed the same in his accounts of such moneys.

829. Application of this Part.-The provisions of this part shall not apply to any offence, committed in the provinces of Prince Edward Island or British Columbia, or the district of Keewatin, punishable by imprisonment for two years and upwards; and, in such provinces and district, it shall not be necessary to transmit any recognizance to the clerk of the peace or other proper officer.

830. No Imprisonment in Reformatory in Ontario, under this Part.-The provisions of this part shall not authorize two or more justices of the peace to sentence offenders to imprisonment in a reformatory in the province of Ontario.

831. Other Proceedings Against Juvenile Offenders. Nothing in this part shall prevent the summary conviction of any person, who may be tried thereunder before one or more justices of the peace, for any offence for which he is liable to be so convicted under any other part of the Code or under any other act.

I, a of

, of the

the

at

as the case may be), do hereby certify that on day of

was brought before us, the said justices (or me, the said charged with the following offence, that is to say (here state briefly the particulars of the charge), and that we, the said justices, (or I, the said ) thereupon dismissed the said charge.

in the year
of

, A. B., )

Given under our hands and seals, (or my hand and seal) this day of

, in the year

at

J. P. [SEAL.]

J. R. [SEAL.]

or S. J. [SEAL.]

aforesaid,

of

or as the case

A. B. is convicted before us, J. P. and J. R., justices of the peace for the said county (or me, S. J., recorder, of the may be) for that he, the said A. B., did (specify the offence and the time and place when and where the same was committed. as the case may be, but without setting forth the evidence), and we the said J. P. and J. R. (or I, the said S. J.), adjudge the said A. B., for his said offence, to be imprisoned in the (or to be imprisoned

in the

of

, and there kept at hard labour), for the space (or we) (or I) adjudge the said A. B., for his said offence, to forfeit and pay (here state the penalty actually imposed), and, in default of immediate payment of the said sum, to be imprisoned in the (or to be imprisoned in the

and kept at hard labour) for the term of

said sum is sooner paid.

unless the

Given under our hands and seals (or my hand and seal), the day

and year first above mentioned.

J. P. [SEAL.]

J. R. [SEAL.]

or S. J

[SEAL.]

CHAPTER XIII.

(Part LVIII., of the Code.)

SUMMARY CONVICTIONS.

$39. Interpretation.-In this part, unless the context otherwise requires:

(a.) the expression "Justice" means a justice of the peace and includes two or more justices if two or more justices act or have jurisdiction, and also a police magistrate, a stipendiary magistrate and any person having the power or authority of two or more justices of the peace;

(b.) the expression Clerk of the Peace" includes the proper officer of the court having jurisdiction in appeal under this part, as provided by section 879 ;

(c.) the expression "territorial division" means district, county, union of counties, township, city, town, parish or other judicial division or place ;

(d) the expression "district" or "county" includes any territorial or judicial division or place in and for which there is such judge, justice, justice's court, officer or prison as is mentioned in the context;

(e.) the expression common gaol" or "prison" means any place other than a penitentiary in which persons charged with offences are usually kept and detained in custody.

840. Application.—Subject to any special provision otherwise enacted with respect to such offence, act or matter, this part shall apply to :

(a.) EVERY CASE in which any person commits, or is suspected of having committed, any offence or act OVER WHICH THE PARLIAMENT OF CANADA HAS LEGISLATIVE AUTHORITY, and for which such person is liable, on summary conviction, to imprisonment, fine. penalty or other punishment ;