county court, having jurisdiction in the county or district within the limits of which the accused is confined, may, in his discretion, on application made to him for that purpose, order the accused to be admitted to bail on entering into recognizance with sufficient sureties before two justices, in such amount as the judge directs, and thereupon the justices shall issue a warrant of deliverance as hereinafter provided, and shall attach thereto the order of the judge directing the admitting of the accused to bail.

2. Such warrant of deliverance shall be in the FORM CC in SCHEDULE ONE. (1)

603. Bail by Superior Court.—No judge of a county court or justices shall admit any person to bail accused of treason or an offence punishable with death, or an offence under Part IV of the Code, nor shall any such person be admitted to bail, except by order of a Superior Court of Criminal Jurisdiction for the province in which the accused stands committed, or of one of the judges thereof, or, in the province of Quebec, by order of a judge of the Court of Queen's Bench or Superior Court.

604. Application for Bail After Committal. -When any person has been committed for trial by any justice, the prisoner, his counsel, solicitor or agent may notify the committing justice, that he will, as soon as counsel can be heard, move before a Superior Court of the province in which such person stands committed, or one of the judges thereof, or the judge of the county court, if it is intended to apply to such judge, under section 602, for an order to the justice to admit such prisoner to bail,-whereupon such committing justice shall, as soon as may be, transmit to the Crown, or the chief clerk of the court, or the clerk of the county court, or other proper officer, as the case may be, endorsed under his hand and seal, a certified copy of all informations, examinations and other evidence touching the offence wherewith the prisoner has been charged, together with a copy of the warrant of commitment, and the packet containing the same shall be handed to the person applying therefor, for transmission, and it shall be certified on the outside thereof to contain the information concerning the case.

(1) For Form CC, see p. 244, post.

2. Upon such application to any such court or judge the same order concerning the prisoner being bailed or continued in custody shall be made as if the prisoner was brought up upon a habeas corpus.

3. If any justice neglects or offends in anything contrary to the true intent and meaning of any of the provisions of this section, the court to whose officer any such examination, information, evidence, bailment or recognizance ought to have been delivered, shall, upon examination and proof of the offence, in a summary manner, impose such fine upon every such justice as the court thinks fit.

605. Warrant of Deliverance. Whenever any justice or justices admit 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 to or cause to be lodged with the keeper of such prison, a warrant of deliverance under his or their hands and seals requiring the said keeper to discharge the person so admitted to bail if he is detained for no other offence, and upon such warrant of deliverance being delivered to or lodged with such keeper, he shall forthwith obey the same.

606. Warrant for Arrest of Bailed Person About to Abscond.-Whenever a person charged with any offence has been bailed in manner aforesaid, it shall be lawful for any justice, if he sees fit, upon the application of the surety or of either of the sureties of such person, and upon information being made in writing and on oath by such surety, or by some person on his behalf, that there is reason to believe that the person so bailed is about to abscond for the purpose of evading justice, to issue his warrant for the arrest of the person so bailed, and afterwards, upon being satisfied that the ends of justice would otherwise be defeated, to commit such person when so arrested to gaol until his trial, or until he produces another sufficient surety or other sufficient sureties, as the case may be, in like manner as before.

For Forms of INFORMATION OF SURETY, and of WARRANT, and COMMITMENT thereon, see Additional Forms" after the general forms, at the end of this chapter. (pp. 247-250, post.)

607. Delivery of Accused to Prison.-The constable or any of the constables, or other person to whom any warrant of commitment authorized by the Criminal Code or any other act or law 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 keeper of such gaol or prison, who shall thereupon give the constable or other person delivering the prisoner into his custody, a receipt for the prisoner, setting forth the state and condition of the prisoner when delivered into his custody.

2. Such receipt shall be in the FORM DD in SCHEDULE ONE. (1) As to Recognizances generally, and remedies thereon, when forfeited, see Chapter XIV, post.

Whereas information has been laid before the undersigned a justice of the peace in and for the said county of

that A. B. (&c., as in the summons or warrant against the accused), and it has been made to appear to me upon (oath), that you are likely to give material evidence for (the prosecution).; These are therefore to require you to be and to appear before me, on

such other justice or justices of the peace of the same county of as shall then be there, to testify what you know

(1) For Form DD, see p. 245, post.

concerning the said charge so made against the said A. B. as aforesaid. Herein fail not.

Given under my hand and seal, this

day of

L.-(Section 582.)

WARRANT WHEN A WITNESS HAS NOT OBEYED THE SUMMONS.

Canada,

Province of

County of

To all or any of the constables and other peace officers in the said county of

Whereas information having been laid before the peace, in and for the said county of

on

at

, a justice of

that A. B.

(&c., as in the summons); and it having been made to appear to (me) upon oath that E. F, of , (labourer), was likely to give material evidence for (the prosecution). (I) duly issued (my) summons to the said E. F., requiring him to be and appear before (me) or before such other justice or justices of the peace for the same county, as should then be there, to testify what he knows respecting the said charge so made against the said A. B., as aforesaid; and whereas proof has this day been made upon oath before (me) of such summons having been duly served upon the said E. F.; and whereas the said E. F. has neglected to appear at the time and place appointed by the said summons, and no just excuse has been offered for such neglect: These are therefore to command you to bring and have the said E. F. before (me) on o'clock in the (fore) noon. at

at

or before such other justice or justices for the same county, as shall then be there, to testify what he knows concerning the said charge so made against the said A. B. as aforesaid.

Given under (my) hand and seal, this

day of

To all or any of the constables and other peace officers in the said county of

Whereas information has been laid before the undersigned

a justice of the peace, in and for the said county of

hat (c., as in the summons); and it having been made to appear to me) upon oath, (1) that E. F. of

at

, (labourer), is likely to give

material evidence for the prosecution, and that it is probable that the said E. F. will not attend to give evidence unless compelled to do 50; These are therefore to command you to bring and have the said I'. F. before (me) on o'clock in the ( fore) noon, or before such other justice or justices of the peace for the same county, as shall then be there, to testify what he knows concerning the said charge so made against the said A. B. as aforesaid.

.

at

(1) For Form of Deposition that a person is a material witness, see p. 245, post.