"

me, the undersigned, of the said (city) (and consenting 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 (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.

Canada,

RR.-(Section 807.)

CONVICTION UPON A PLEA OF GUILTY.

ONVICTIO

Province of
County of

SS. (Section 807.)

Canada, Province of County of

day of

at

, A. B. being charged

"

Be it remembered that on the in the year before me, the undersigned, of the said (city) and 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 there kept to hard labour) for the term of

(and

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

I, the undersigned, case may be) of day of

:}

CERTIFICATE OF DISMISSAL.

J. S., [SEAL.]

J. P., (Name of county).

J. S., [SEAL.]

J. P., (Name of county.)

"

in the year

"

certify that on the

of the city (or as the

at

9

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

day of

"

at

aforesaid.

J. S., [SEAL.]

J. P., (Name of county.)

PART LVI.

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;

(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 confine ment" 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. R.S.C., c. 177, s. 2.

810. Punishment for stealing.-Every person 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. R.S.C., c. 177, s. 3.

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 proceeding 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 summons or warrant. R.S.C, c. 177, s. 4.

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. R.S.C., c. 177, ss. 5, 6 and 7.

813. Accused to elect how he shall be tried.—The justices before whom any person is charged and proceeded against under the provision 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."

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 provision set out in Parts XLIV. and XLV., as if the accused were before them thereunder. R.S.C., c. 177, s. 8.

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 circumstance, 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. R.S.C., c. 177, s. 9.

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. R.Š.C., c. 177, s. 10.

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. R.S.C., c. 177, s. 11.

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. R.S.C., c. 177, s. 12.

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. R.S.C., c. 177, s. 13.

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. R.S.C., c. 177, s. 14.

820. Form of conviction.—The Justices before whom any person is summarily convicted of any offence herein before mentioned, may

(1) For Form TT, see p. 698, post.

cause the conviction to be drawn up in the form UU in schedule one hereto, (1) 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. R.S.C. c. 177, ss. 16 and 17.

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. R.S.C., c. 177, s. 15.

See comments and authorities at pp. 183, 184, 596 and 597, ante, also form of plea of summary conviction or acquittal, at p. 600, ante; and see also Articles 797, 798, 799 ante, and 865 and 867 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. R.S.C., c. 177, s. 18.

823. 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. R.S.C., c. 177, s. 19.

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. R.S.C., c. 177, ss. 20, 21 and 22.

(1) For Form UU, see p. 698 post.