CHAPTER XI.

(Part LV. of the Code.)

SUMMARY TRIAL OF INDICTABLE OFFENCES.

782. Definitions.—In this part, unless the context otherwise requires,

(a) the expression "Magistrate" means and includes

(i.) in the provinces of ONTARIO, QUEBEC and MANITOBA, any recorder, judge of a County Court, being a justice of the peace, commissioner of police, judge of the Sessions of the Peace, police magistrate, district magistrate, or other functionary or tribunal, invested by the proper legislative authority with power to do alone such acts as are usually required to be done by two or more justices of the peace, and acting within the local limits of his or its jurisdiction;

(ii) in the provinces of NOVA SCOTIA and NEW BRUNSWICK, any recorder, judge of a County Court, stipendiary magistrate or police magistrate, acting within the local limits of his jurisdiction, and any commissioner of police and any functionary, tribunal or person invested by the proper legislative authority with power to do alone such acts as are usually required to be done by two or more justices of the peace ;

(iii.) in the provinces of PRINCE EDWARD ISLAND and BRITISH COLUMBIA and in the district of KEEWATIN, any two justices of the peace sitting together, and any functionary or tribunal having the powers of two justices of the peace ; ·

(iv.) in the NORTH-WEST TERRITORIES, any judge of the Supreme Court of the said territories, any two justices of the peace sitting together, and any functionary or tribunal having the powers of two justices of the peace ;

(b) the expression the common gaol or other place of confinement," in the case of any offender whose age at the time of his conviction does not, in the opinion of the magistrate, exceed sixteen years, includes any reformatory prison provided for the reception

of juvenile offenders in the province in which the conviction referred to takes place, and to which by the law of that province the offender may be sent; and

(c) the expression "property" includes everything included under the same expression or under the expression "valuable security," as defined by the Code, and in the case of any "valuable security" the value thereof shall be reckoned in the manner prescribed in the Code.

783. Offences to be Dealt With Under This Part. Whenever any person is charged before a magistrate,

(a) with having committed THEFT, or obtained money or property by FALSE PRETENCES, or unlawfully RECEIVED STOLEN PROPERTY, and the value of the property alleged to have been stolen, obtained or received, does not, in the judgment of the magistrate, exceed TEN DOLLARS; or

(b) with having attempted to commit theft; or

(c) with having committed an AGGRAVATED ASSAULT by unlawfully and maliciously inflicting upon any other person, either with or without a weapon or instrument, any grievous bodily harm, or by unlawfully and maliciously wounding any other person; or

(d) with having committed an ASSAULT UPON ANY FEMALE Whatsoever, or upon any MALE CHILD whose age does not, in the opinion of the magistrate, exceed FOURTEEN YEARS, such assault being of a nature which cannot, in the opinion of the magistrate, be sufficiently punished by a summary conviction before him under any other part of this act, and such assault, if upon a female, not amounting, in his opinion, to an assault with intent to commit a rape; or

(e.) with having ASSAULTED, obstructed, molested or hindered ANY PEACE OFFICER OR PUBLIC SERVANT in the lawful performance of his duty, or with intent to prevent the performance thereof; or

(f.) with KEEPING or being an INMATE or HABITUAL FREQUENTER of any DISORDERLY HOUSE, HOUSE OF ILL-FAME OF BAWDY-HOUSE; or;

(g.) with USING or knowingly allowing any part of ANY PREMISES under his control to be used

(i.) for the purpose of RECORDING or registering ANY BET or WAGER, or SELLING ANY POOL; or

(ii.) KEEPING, EXHIBITING, or EMPLOYING, or KNOWINGLY ALLOWING to be kept, exhibited or employed, ANY DEVICE or apparatus for the purpose of RECORDING or registering ANY BET or WAGER,

SELLING ANY POOL; Oor

or

(h.) becoming the custodian or depositary of any money, property, or valuable thing staked, wagered or pledged; or

(i) recording or registering any bet or wager, or selling any pool, upon the result of any political or municipal election, or of any race, or of any contest or trial of skill or endurance of man or beast,

The Magistrate may, subject to the provisions hereinafter made, hear and determine the charge in a summary way.

784. When Magistrate shall have absolute Jurisdiction.-The jurisdiction of such Magistrate is ABSOLUTE in the case of any person charged with KEEPING or being an INMATE or HABITUAL FREQUENTER of any DISORDERLY HOUSE, HOUSE OF ILL-FAME OF BAWDY-HOUSE, and does not depend on the consent of the person charged to be tried by such Magistrate, nor shall such person be asked whether he consents to be so tried; nor do the provisions of this part affect the absolute summary jurisdiction given to any Justice or Justices of the Peace, in any case by any other part of the Code.

2. The jurisdiction of the Magistrate is ABSOLUTE in the case of any person who, being a SEAFARING PERSON and only transiently in Canada and having no permanent domicile therein, is charged, either within the city of Quebec as limited for the purpose of the police ordinance, or within the city of Montreal as so limited, or in any other seaport, city or town in Canada where there is such Magistrate, with the commission therein of ANY OF THE OFFENCES HEREINBEFORE MENTIONED, and also in the case of any other person charged with any such offence on the complaint of any such seafaring person whose testimony is essential to the proof of the of fence; and such jurisdiction does not depend on the consent of any such person to be tried by the Magistrate, nor shall such person be asked whether he consents to be so tried.

3. The jurisdiction of a Stipendiary Magistrate in the province of PRINCE EDWARD ISLAND, and of a Magistrate in the district of KEEWATIN, under this part, is absolute, without the consent of the person charged.

785. Summary trial in certain cases, in Ontario. If any person is CHARGED, in the province of ONTARIO, before a Police Magistrate or before a Stipendiary Magistrate, in any county, district or provisional county in such province, with having committed ANY OFFENCE FOR WHICH HE MAY BE TRied at a COURT OF GENERAL SESSIONS OF THE PEACE, or if any person is COMMITTED to a GAOL in the county, district or provisional county, under the warrant of any Justice of the Peace, for trial on a charge of being guilty of any such offence, such person may, with his own consent, be tried before such Magistrate, and may, if found guilty, be sentenced by the Magistrate to the same punishment as he would have been liable to if he had been tried before the Court of General Sessions of the Peace.

786. Proceedings on arraignment of accused. -Whenever the Magistrate, before whom any person is charged as aforesaid, proposes to dispose of the case summarily, under the provisions of this part, such Magistrate, after ascertaining the nature and extent of the charge, but before the formal examination of the witnesses for the prosecution, and before calling on the person charged for any statement which he wishes to make, shall state to such person the substance of the charge against him, and (if the charge is not one that can be tried summarily without the consent of the accused) shall then say to him these words, or words to the like effect: "Do you consent that the charge against you shall be tried by me, or do you desire that it shall be sent for trial by a Jury at the (naming the court at which it can probably soonest be tried); and if the person charged consents to the charge being summarily tried and determined as aforesaid, or if the power of the Magistrate to try it does not depend on the consent of the accused, the Magistrate shall reduce the charge to writing and read the same to such person, and shall then ask him whether he is guilty or not of such charge. If the person charged confesses the charge the Magistrate shall then proceed to pass such sentence

upon him as by law may be passed in respect to such offence, subject to the provisions of this Act; but if the person charged says that he is not guilty, the Magistrate shall then examine the witnesses for the prosecution, and when the examination has been completed. the Magistrate shall inquire of the person charged whet her he has any defence to make to such charge, and if he states that he has a defence, the Magistrate shall hear such defence, and shall then proceed to dispose of the case summarily.

787. Punishment for certain offences under this part.—In the case of an offence charged under paragraph (a) or (b) of section 783, the Magistrate, after hearing the whole case for the prosecution and for the defence, shall, if he finds the charge proved, convict the person charged and commit him to the common gaol or other place of confinement, there to be imprisoned, with or without hard labour, for any term not exceeding SIX

MONTHS.

788. Punishment for certain other offences. -In any case summarily tried under paragraph (c), (d), (e), (ƒ), (g), (h) or (i) of section 783, if the Magistrate finds the charge proved, he may convict the person charged and commit him to the common gaol or other place of confinement. there to be imprisoned, with or without hard labour, for any term not exceeding SIX MONTHS, or may condemn him to pay a fine not exceeding, with the costs in the case, one hundred dollars, or to both fine and imprisonment not exceeding the said sum and term; and such fine may be levied by warrant of distress under the hand and seal of the Magistrate, or the person convicted may be condemned, in addition to any other imprisonment on the same conviction, to be committed to the common gaol or other place of confinement for a further term not exceeding SIX MONTHS, unless such fine is sooner paid.

The Magistrate may, in addition to any sentence imposed upon the person convicted, require him forthwith to enter into his own recognizance, or to give security to keep the peace and be of good behaviour for any term not exceeding two years. (Code, Art. 958.)

Instead of at once sentencing a person CONVICTED of a first ofFENCE the Magistrate may direct him to be released on entering into a recognizance to keep the peace and be of good behaviour