under Part XLV., section 587, (1) to take on the remand of a person accused, conditioned for his appearance before a magistrate, does not afterwards appear. pursuant to such recognizance, the magistrate before whom he should have appeared shall certify, under his hand, on the back of the recognizance, to the clerk of the peace of the district, county or place, or other proper officer, as the case may be, the fact of such non-appearance, and such recognizance shall be proceeded upon in like manner as other recognizances; and such certificate shall be primâ facie evidence of such non-appearance without proof of the signature of the magistrate.

806. Application of Fines.-Every fine and penalty imposed under the authority of this part shall be paid as follows, that is to say

(a) In the province of Ontario, to the magistrate who imposed the same, or the clerk of the court or clerk of the peace, as the case may be, to be paid over by him 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, if in any other district in the said province, to the prothonotary of such district, to be applied by him, under the direction of the LieutenantGovernor-in-Council, towards the keeping in repair of the court house in such district, or to be added by him to the moneys and fees collected by him for the erection of a court house and 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.

807. Forms to be Used.-Every conviction or certificate may be in the form QQ, RR, or SS, in schedule one of the

(1) See p. 201, ante.

Code, applicable to the case, or to the like effect, (1) and whenever the nature of the case requires it, such forms may be altered by omitting the words stating the consent of the person to be tried before the magistrate, and by adding the requisite words, stating the fine imposed, if any, and the imprisonment, if any, to which the person convicted is to be subjected if the fine is not sooner paid.

808. Certain Provisions not Applicable to this Part.—The provisions of the Code relating to preliminary inquiries before justices-except as mentioned in sections 804 and 805-and of Part LVIII., (2) shall not apply to any proceedings under this part. Nothing in this part shall affect the provisions of Part LVI.; (3) and this part shall not extend to persons punishable under that part so far as regards offences for which such persons may be punished thereunder.

senting to my trying the charge summarily, is convicted before. me, for that he, the said A. B. (&c., stating the offence, and the time and place when and where committed), and I adjudge the said A, B., for his said offence, to be imprisoned in the there kept to hard labour) for the term of

(1) For Forms RR and SS, see p. 299, post.

(2) Relating to Summary Convictions, see post.

(and

(3) Relating to the Trial of Juvenile Offenders for Indictable Offences, see

post.

Given under my hand and seal, the day and year first above mentioned, at aforesaid.

A. B., being charged of the said (city) and

before me, the undersigned, consenting to my trying the charge summarily, for that he the said A. B. (&c., stating the offence, and the time and place when and where committed), and pleading guilty to such charge, he is thereupon convicted before me of the said offence; and I adjudge him the said A. B., for his said offence, to be imprisoned in the (and there kept to hard labour) for the term

of

Given under my hand and seal, the day and year first above mentioned, at aforesaid.

in the year

at

aforesaid. A. B., being charged before me (and consenting to my trying the charge summarily), for that he, the said A. B. (&c., stating the offence charged and the time and place when and where alleged to have been committed). I did, after having summarily tried the said charge, dismiss the same.

Given under my hand and seal, this in the year

at

day of aforesaid.

J. S., [SEAL.]

J. P. (Name of county.)

CHAPTER XII.

(Part LVI of the Code.)

TRIAL OF JUVENILE OFFENDERS FOR INDICTABLE OFFENCES.

809. Definitions.-In this part, unless, the context otherwise requires,

(a) The expression "two or more justices," or "the justices" includes,—

(i.) in the provinces of Ontario and Manitoba any judge of the county court being a justice of the peace, police magistrate or stipendiary magistrate, or any two justices of the peace, acting within their respective jurisdictions;

(ii) in the province of Quebec any two or more justices of the peace, the sheriff of any district, except Montreal and Quebec, the deputy sheriff of Gaspé, and any recorder, judge of the sessions of the peace, police magistrate, district magistrate or stipendiary magistrate acting within the limits of their respective jurisdictions;

(iii.) in the provinces of Nova Scotia,. New Brunswick, Prince Edward Island and British Columbia, and in the district of Keewatin, any functionary or tribunal invested by the proper legislative authority with power to do acts usually required to be done by two or more justices of the peace ;

.(b.) The expression "the common gaol or other place of confinement" 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.

Every person

$10. Punishment for Stealing. charged with having committed, or having attempted to commit any offence which is THEFT, or punishable as theft, and whose age. at the period of the commission or attempted commission of such offence, does not, in the opinion of the justice before whom he is brought or appears, exceed the age of SIXTEEN YEARS, shall, upon conviction thereof in open court upon his own confession or upon proof, before any two or more justices, be committed to the common gaol or other place of confinement within the jurisdiction of such justices, there to be imprisoned, with or without hard labour, for any term NOT EXCEEDING THREE MONTHS, or, in the discretion of such justices, shall forfeit and pay such sum. NOT EXCEEDING TWENTY DOLLARS, as such justices adjudge.

811. Procuring Appearance of Accused.—Whenever any person whose age is alleged not to exceed SIXTEEN YEARS, is charged with any offence mentioned in the next preceding section, on the oath of a credible witness, before any justice of the peace, such justice may issue his summons or warrant, to summon or to apprehend the person so charged, to appear before any two justices of the peace at a time and place to be named in such sum

mons or warrant.

:

Section 2 of 57 and 58 Vic., c. 58, provides as follows :Young persons apparently under the age of sixteen who are, (a) arrested upon any warrant, or

(b) committed to custody at any stage of a preliminary enquiry into a charge for an indictable offence, or

(c) committed to custody at any stage of a trial, either for an indictable offence or for an offence punishable on summary conviction, or

(d) committed to custody after such trial, but before imprisonment under sentence,