MAGISTRATE'S HAND-BOOK.

MAGISTRATES have jurisdiction in the first instance over all offences against the law, from the highest to the lowest classes of crime; and it is the duty of a Magistrate to take cognizance of all such offences committed within his division.

These offences are divisible into two general classes, viz.: Firstly, Those over which the law gives the Magistrate summary jurisdiction, and, Secondly, Those which the law requires to be sent to a higher tribunal for final trial.

SUMMARY JURISDICTION.

Offences disposable of summarily by one or more Magistrates are, amongst others,—

ASSAULTS (a) AND BATTERIES (6).—4 & 5 V. c. 27, s.

(a) An assault is an attempt to commit a forcible crime against the person of another, such as an attempt to commit a battery, murder, robbery, rape, &c.; striking at the person of another, even holding up the fist at him in a threatening or insulting manner; or with such other circumstances as denote at the time an intention, coupled with a present ability, of actual violence against his person, as by pointing a weapon when he is within reach of it (1 East P. C. 406); striking at another with a cane, stick or fist, although the party striking misses his aim (2 Roll. Abr. 545 1. 45); drawing a sword or bayonet, or throwing a bottle or glass with intent to wound or strike; presenting a gun at a man who is within the distance to which the gun will carry; pointing a pitch-fork at him when within reach of it; or any other act indicating an intention to use violence against the person of another, is an assault.-1 Hawk c. 62, s. 1. It is an assault to point a loaded pistol at any one; but not an assault to point at another a pistol which is proved not to be so loaded as to be able to be discharged. --James's Case, 1 C. & K. 530. Although to constitute an assault there must be a present ability to inflict an injury, yet if a man is advancing in a threatening attitude to strike another, so that the

27, Con. Stats. C., c. 91, ss. 37, 38, pp. 959, 960; Keele's Prov. Jus., 4th Ed. p. 60 (one or more Magistrates). (c.)

MALICIOUS INJURIES done to property with intent to steal, i. e. :

Stealing, cutting, breaking, rooting up, or otherwise destroying or damaging with intent to steal, any tree, sapling, shrub or underwood, wheresoever growing, of value of 20 cents at least.-4 & 5 V., c. 25, s. 31, Con. Stats. C., c. 92, s. 36, p. 969. (one or more Magistrates.)

Stealing, cutting, breaking or throwing down with intent to steal, any live or dead fence, or any wooden post, pale or rail, set up or used as a fence, or any stile or gate, or any part thereof.-4 & 5 V., c. 25, s. 32, Con. Stats. C., c. 92, s. 37, p. 969. (one or more Magistrates.)

Unlawful possession of trees, fences, &c., of 40 cents value, found under search warrant.-4 & 5 V., c. 25, s.

blow would almost immediately reach him if he were not stopped, and he is stopped, this is an assault.-Stephens v. Myers, 4 C. & P. 349. So there may be an assault by exposing a child of tender years, or a person under the control and dominion of the party, to the inclemency of the weather.-Ridley's Case, 2 Camp. 650; Marsh's Case, 1 C. & K. 496. If a man strike at another, but at such a distance that it cannot possibly touch him, it is no assault.-Ros. Cr. Ev. 524.

(b) When an injury is actually inflicted it amounts to a battery, which includes an assault. A battery seems to be, when any injury whatsoever, be it never so small, is actually done to the person of a man, in an angry, or revengeful, or rude, or violent manner; as by spitting in his face, or throwing water on him; or any way touching him in anger, or violently jostling him out of the way; pushing another man against him; holding him by the arm; striking a horse upon which he is riding, whereby he is thrown, or the like. The injury need not be effected directly by the hand of the party: thus there may be an assault by encouraging a dog to bite; by riding over a person with a horse; or by wilfully and violently driving a cart, &c., against the carriage of another person, and thereby causing bodily injury to the persons travelling in it. If a man strike at another with a cane or fist, or throw a bottle at him, or the like, if he miss him it is an assault; if he hit him it is a battery.-Roscoe Cr. Ev. 280; Arch. Cr. Pleading 524.

(c) In cases of assault and battery, observe the fine must not exceed $20.00, including the costs. When desiring therefore to impose the highest penalty, first ascertain the amount of costs; then impose a fine which, together with the costs, will not exceed $20.00.

33, Con. Stats. C., c. 92, s. 38, p. 970. (One or more Magistrates.)

Stealing, destroying or damaging, with intent to steal, any trees, plants, fruits or vegetables, in gardens, &c., greenhouses or hothouses, &c.-4 & 5 V., c. 25, s. 34, Con. Stats. C., c. 92, s. 39, p. 970. (One or more Magistrates.)

Stealing, destroying or damaging, with intent to steal, any cultivated root or plant used as food for man or beast, or for medicine, or for distilling or dyeing, &c., in any place not being a garden.-4 & 5 V., c. 25, s. 35, Con. Stats. C., c. 92, s. 40, p. 970. (One or more Magistrates.)

MALICIOUS INJURIES TO PROPERTY (i. e., wanton or malicious mischief, but without the intent to steal,) i. e. :

Maliciously destroying or damaging any tree, sapling, shrub or underwood, wheresoever growing, of value of 20 cents.-4 & 5 V., c. 26, s. 20, Con. Stats. C., c. 93, s. 25, p. 985. (One or more Magistrates.)

Maliciously destroying or damaging with intent to destroy any plant, root, fruit or vegetable in any garden, &c.-4 & 5 V., c. 26, s. 21, Con. Stats. C., c. 93, s. 26, p. 985. (One or more Magistrates.)

Maliciously throwing down and destroying any fence, wall, stile, or gate.-4 & 5 V., c. 26, s. 23, Con. Stats. C., c. 93, p. 985. (One or more Magistrates.)

Maliciously damaging any other property not hereinbefore specially mentioned.-4 & 5 V., c. 26, s. 24, Con. Stats. C., c. 93, s. 28, p. 986. (One or more Magistrates.)

ANIMALS, (or any poultry, dogs, or domestic animal or bird,) CRUELTY TO.-20 V., c. 31, Con. Stats. C., c. 96, p. 999. (One or more Magistrates.)

APPRENTICES AND MINORS, (law respecting).—14 & 15 V., c. 11, ss. 6 & seq., Con. Stats. U. C., c. 76, pp. 802 & seq. (One or more Magistrates.)

B

COMMON SCHOOLS.-Con. Stats. U. C., c. 64, ss. 138, 139, 140, p. 767.

S. 138.-If any trustee of a common school knowingly signs a false report, or if any teacher of a common school keeps a false school register, or makes a false return, with the view of obtaining a larger sum than the just proportion of school moneys coming to such common school, such trustee or teacher shall, for each offence, forfeit to the Common School Fund of the township, the sum of twenty dollars, for which any person whatever may prosecute him before a Justice of the Peace, and for which he may be convicted on the oath of one credible witness other than the prosecutor, and if upon conviction the penalty is not forthwith paid, the same shall, under the warrant of such Justice, be' levied with costs by distress and sale of the goods and chattels of the offender, and such penalty when so paid or collected, shall by such Justice be paid over to the said Common School Fund; or the said offender may be prosecuted and punished for the misdemeanor.-13 & 14 V., c. 48, s. 13.

S. 139. Any person who wilfully disturbs, interrupts, or disquiets the proceedings of any school meeting authorised to be held by this act, or any school established and conducted under its authority, or wilfully interrupts or disquiets any grammar, common, or other public school, by rude or indecent behaviour, or by making a noise, either within the place where such school is kept or held, or so near thereto as to disturb the order or exercises of such schools, shall for each offence, on conviction thereof before a Justice of the Peace, on the oath of one credible witness, forfeit and pay for common school purposes, to the school section, city, town, or village, within which the offence was committed, such sum, not exceeding twenty dollars, together with the costs of the conviction, as the said Justice may think fit; or the offender may be indicted and punished for any of the offences hereinbefore mentioned as a misdemeanor.-13 & 14 V., c. 48, s. 46; 16 V., c. 185, s. 19.

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S. 140.-Unless it is in this act otherwise provided, all fines, penalties, and forfeitures recoverable by summary proceeding, may be sued for, recovered and enforced, with costs, by and before any Justice of the Peace having jurisdiction within the school section, city, town, or village in which such fine or penalty has been incurred, and if any such fine or penalty and costs be not forthwith paid, the same shall, by and under the warrant of the convicting Justice, be enforced, levied and collected with costs by distress and sale of the goods and chattels of the offender, and shall be by such Justice paid over to the school treasurer of the school section, city, town, or village, or other party entitled thereto, and in default of such distress, such Justice shall by his warrant cause the offender to be imprisoned for any time not exceeding thirty days, unless the fine and costs and the reasonable expenses of endeavouring to collect the same be sooner paid.-16 V., c. 185, s. 19.

DIVISION COURTS.-Con. Stats. U. C., c. 19, ss. 183, 184, p. 168, 169.

S. 183.-Every bailiff shall exercise the authority of a constable during the actual holding of the court of which he is a bailiff with full power to prevent breaches of the peace, riots or disturbances within the court-room or building in which the court is held, or in the public streets, squares, or other places within the hearing of the court, and may, with or without warrant, arrest all parties offending against the meaning of this clause, and forthwith bring such offenders before the nearest Justice of the Peace, or any other judicial officer having power to investigate the matter or to adjudicate thereupon.13 & 14 V., c. 53, s. 13.

S. 184.-If any officer or bailiff (or his deputy or assistant) be assaulted while in the execution of his duty, or if any rescue be made or attempted to be made of any property seized under a process of the court, the person so offending shall be liable to a fine not exceeding twenty

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