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.

FORMS UNDER PART LVI., OF THE CODE.

I, a

of the

of

the

at

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

in the year
of

, A. B., )

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.

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

"

, at

, of

day of

, in

in the county of

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 or as the case 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 PARLIA MENT OF CANADA HAS LEGISLATIVE AUTHORITY, and for which such person is liable, on summary conviction, to imprisonment, fine, penalty or other punishment;

(b.) EVERY CASE in which a complaint is made to any justice in relation to any matter, OVER WHICH THE PARLIAMENT OF CANADA HAS LEGISLATIVE AUTHORITY, and with respect to which such justice has authority by law to make any order for the payment of money or otherwise.

841. Time within which Proceedings shall be Commenced.-In the case of any offence punishable on summary conviction, if no time is specially limited for making any complaint, or laying any information, in the Act or law relating to the particular case, the complaint shall be made, or the information shall be laid within SIX MONTHS from the time when the matter of complaint or information arose, except in the North-west Territories, where the time within which such complaint may be made, or such information may be laid, shall be extended to TWELVE MONTHS from the time when the matter of the complaint or information arose.

It will be seen by this Article that in summary matters, not otherwise specially limited, the prosecution must be commenced by the making of the complaint or the laying of the information within six months. (in all places except the N. W. Territories where the time limited is twelve months) from the time when the matter of complaint or information arose. But the laying of the complaint or the making of the information should be followed up by useful proceedings in the shape of a warrant or summons and the arrest of or otherwise bringing the defendant before the magistrate or justice. See authorities and comments, upon this subject, at pp. 68– 72, ante.

842. Jurisdiction.--Every complaint and information shall be heard, tried, determined and adjudged by one justice or two or more justices as directed by the Act or law, upon which the complaint or information is framed or by any other Act or law in that behalf.

2. If there is no such direction in any Act or law, then the complaint or information may be heard, tried, determined and adjudged by any one justice for the territorial division where the matter of the complaint or information arose: Provided that every one who aids, abets, counsels or procures the commission of any offence