SHALL be kept in custody separate from older persons charged with criminal offences and separate from all persons undergoing sentences of imprisonment, and SHALL NOT be confined in the lockups or police stations with older persons charged with criminal offences, nor with ordinary criminals.

Article 550 of the Code, as amended by soc. 1 of the above Act, makes it IMPERATIVE that the trials of persons, apparently under sixteen SHALL take place without publicity, and separately and apart from the trials of other accused persons. (1)

812. Remand of Accused.—Any justice of the peace, if he thinks fit, may remand for further examination or for trial, or suffer to go at large, upon his finding sufficient sureties, any such person charged before him with any such offence as aforesaid.

2. Every such surety shall be bound by recognizance conditioned for the appearance of such person before the same or some other justice or justices of the peace for further examination, or for trial before two or more justices of the peace as aforesaid, or for trial by indictment at the proper Court of Criminal Jurisdiction, as the case may be.

3. Every such recognizance may be enlarged. from time to time, by any such justice or justices to such further time as he or they appoint; and every such recognizance not so enlarged shall be discharged without fee or reward, when the person has appeared according to the condition thereof.

813. Accused to Elect How He Shall be Tried. -The justices before whom any person is charged and proceeded against under the provisions of this part, before such person is asked whether he has any cause to show why he should not be convicted, shall say to the person so charged, these words, or words to the like. effect :

"We shall have to hear what you wish to say in answer to the charge against you; but if you wish to be tried by a jury, you must object now to our deciding upon it at once.”

(1) As to disposal of young children charged with offences in Ontario, see secs. 3, 4, 5, of 57 & 58 Vic., c. 58, in the Appendix, post.

2. And if such person, or a parent or guardian of such person, then objects, no further proceedings shall be had under the provisions of this part; but the justices may deal with the case according to the provisions set out in Parts XLIV, and XLV., (1) as if the accused were before them thereunder.

814. When Accused shall not be Tried Summarily. If the justices are of opinion, before the person charged has made his defence, that the charge is, from any circumstances, a fit subject for prosecution by indictment, or if the person charged, upon being called upon to answer the charge, objects to the case being summarily disposed of under the provisions of this part, the justices shall not deal with it summarily, but may proceed to hold a preliminary inquiry as provided in Parts XLIV, and XLV.

2. In case the accused has elected to be tried by a jury, the justices shall state in the warrant of commitment the fact of such election having been made.

815. Summons to Witness.-Any justice of the peace may, by summons, require the attendance of any person as a witness upon the hearing of any case before two justices, under the authority of this part, at a time and place to be named in such

summons.

816. Binding over Witness.-Any such justice may require and bind by recognizance every person whom he considers necessary to be examined, touching the matter of such charge, to attend, at the time and place appointed by him, and then and there to give evidence upon the hearing of such charge.

817. Warrant against Witness.-If any person, so summoned or required or bound, as aforesaid, neglects or refuses to attend in pursuance of such summons or recognizance, and if proof is given of such person having been duly summoned, as hereinafter mentioned, or bound by recognizance, as aforesaid, either of the justices before whom any such person should have attended, may issue a warrant to compel his appearance as a witness.

(1) Relating to the preliminary investigation of indictable offences.

818. Service of Summons.-Every summons issued under the authority of this part may be served by delivering a copy thereof to the person, or to some inmate, apparently over SIXTEEN YEARS OF AGE, at such person's usual place of abode; and every person so required by any writing under the hand or hands of any justice or justices to attend and give evidence as aforesaid, shall be deemed to have been duly summoned.

819. Discharge of Accused.—If the justices, upon the hearing of any such case, deem the offence not proved, or that it is not expedient to inflict any punishment, they shall dismiss the person charged.—in the latter case on his finding sureties for his future good behaviour, and, in the former case. without sureties.-and then make out and deliver to the person charged a certificate in the FORM TT in SCHEDULE ONE to this Act, (1) or to the like effect. under the hands of such justices, stating the fact of such dismissal.

820. Form of Conviction.-The justices, before whom any person is summarily convicted of any offence hereinbefore mentioned, may cause the conviction to be drawn up in the FORM UU, in SCHEDULE ONE of the Code, (2) or in any other form to the same effect, and the conviction shall be good and effectual to all intents and purposes.

2. No such conviction shall be quashed for want of form, or be removed by certiorari or otherwise into any court of record; and no warrant of commitment shall be held void by reason of any defect therein, if it is therein alleged that the person has been convicted, and there is a good and valid conviction to sustain the same.

821. Further Proceeding Barred.-Every person who obtains such certificate of dismissal, or is so convicted, shall be released from all further or other criminal proceedings for the

same cause.

See comments and and authorities under Article 799, at pp. 294295, ante, as to the CERTIFICATE of DISMISSAL, and its effect as a bar to further proceedings.

(1) For Form TT, see p. 308, post. (2) For Form UU, see p. 309, post.

822. Conviction and Recognizances to be Filed. -The justices before whom any person is convicted under the provisions of this part shall forthwith transmit the conviction and recognizances to the clerk of the peace or other proper officer, for the district, city, county or union of counties wherein the offence was committed, there to be kept by the proper officer among the records of the Court of General or Quarter Sessions of the peace, or of any other court discharging the functions of a Court of General or Quarter Sessions of the peace.

$23. Quarterly Returns.-Every clerk of the peace, or other proper officer, shall transmit to the Minister of Agriculture a quarterly return of the names, offences and punishments mentioned in the convictions, with such other particulars as are, from time to time. required.

824. Restitution of Property.-No conviction under the authority of this part shall be attended with any forfeiture, except such penalty as is imposed by the sentence; but whenever any person is adjudged guilty under the provisions of this part, the presiding justice may order restitution of property in respect of which the offence was committed, to the owner thereof or his. representatives.

2. If such property is not then forthcoming, the justices, whether they award punishment or not, may inquire into and ascertain the value thereof in money; and, if they think proper, order payment of such sum of money to the true owner, by the person convicted, either at one time or by instalments, at such periods as the justices deem reasonable.

3. The person ordered to pay such sum may be sued for the same as a debt in any court in which debts of the like amount are, by law, recoverable, with costs of suit, according to the practice of such court.

825. Proceeding on Non-payment of Penalty Imposed. Whenever the justices adjudge any offender to forfeit and pay a pecuniary penalty under the authority of this part, and such penalty is not forthwith paid, they may, if they deem it expedient, appoint some future day for the payment thereof, and

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