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TO THE HONORABLE

SIR CHARLES HIBBERT TUPPER, K.C.M.G., Q.C.

MINISTER OF JUSTICE OF THE DOMINION OF CANADA

THIS WORK

IS

MOST RESPECTFULLY DEDICATED.

PREFACE.

Encouraged by the favor with which his annotated edition of the CrimiNAL CODE OF CANADA has been received by the profession throughout the Dominion, and prompted, also, by the urgent solicitation of his publishers, the Author ventures to make another effort in the field of legal literature.

The present work is intended for the guidance of Justices of the Peace, and to be of practical use,—as a book of ready reference,—to Police Magistrates, Magistrates' Clerks, and legal practitioners. It is based, mainly, though not solely, upon the Criminal Code; and, with the view of bringing the work up to date, the latest statutory changes and amendments, including those made by the Dominion Parliament in 1894, as well as the most recent judicial decisions of importance have been incorporated and carefully noted in their proper places.

After a short introduction on the origin of the office of a Justice of the Peace and the growth of the institution to its present state of importance, the work is divided into four divisions. The FIRST treats of the modes of and the formalities attending the appointment of Justices of the Peace and Police Magistrates and of their respective powers, duties and responsibilities; the second treats of the parties to the commission of crimes, and of the extent of the Criminal Law as to time, persons, and place; the Third deals with the prosecution of criminal offenders, the jurisdiction of the criminal courts and of Magistrates and Justices of the Peace, the general powers of summary arrest of criminal offenders, the modes of prosecuting indictable offences, the procedure before and at the preliminary enquiry into charges triable by indictment, the procedure in summary trials of indictable offences, speedy trials, and trials of juvenile offenders, and the procedure in connection with the summary trial and conviction of persons charged with non-indictable offences, including the subsequent proceedings by way of appeal, reserved case, certiorari, and habeas corpus ; while the FOURTH division consists of an alphabetical synopsis of the criminal law.

Besides all the necessary forms, appropriately distributed according to the several subjects to which they relate, a table of indictable offences is placed at the end of the chapter upon procedure in preliminary enquiries, and at the end of the chapter on sun mary convictions a table is given of non-indictable offences.

J. C. MONTREAL, 31st January, 1895.

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