letters, and post office offences and penalties relating to, felony or misdemeanor according to nature of offence.

M.

Murder, manslaughter, maliciously shooting at or attempting to shoot, or stabbing, cutting or wounding any person with intent to maim, disfigure, disable or do some grievously bodily harm.

P.

Administering or attempting to administer poison with intent to murder.

R.

Rape, robbery, (a) stealing railway passage tickets, maliciously injuring or obstructing railways, maliciously throwing any thing against railway carriage, &c.; receiving stolen goods; rescue or attempt to rescue persons convicted of murder (capital offence); rioters to the number of 12 or more remaining together for one hour after proclamation made by Justice to disperse. (b)

S.

Stealing steamboat passage ticket; stealing in a dwelling house with menaces, &c.; sending threatening letters, &c. Secondly—

MISDEMEANORS.

Perjury, conspiracy, &c. (c); concealing the birth of children; assault with intent to commit rape; abduction of females under 16; assaulting persons; apprehending offenders in the night; obtaining goods,

(a) Robbery differs from larceny in this, that it consists in the felonious and forcible taking from the person of another, or in his presence against his will, of any property to any value, by violence or putting him in bodily fear. It is a capital offence when attended with stabbing, cutting or wounding.-4 & 5 V., c. 25, s. 6.

(b) 3 W. IV., c. 3, s. 13-The Riot Act: "Our Sovereign the Lady the Queen chargeth and commandeth all persons being assembled immediately to disperse themselves, and peaceably to depart to their habitations or their lawful business, upon the pains contained in the act relating to high treason, to tumults and riotous assemblies, and to other offences. God save the Queen."-Con. Stats. U. C., c. 97, p. 931; Keele, 4th Ed. 737.

(c) Conspiracy is a combination of two or more persons to injure a third person, or to injure and prejudice the community, such as a conspiracy to raise the rate of wages, &c.

moneys, &c., under false pretences; obtaining the signature of any person to a bill of exchange, promissory note or valueble security under false pretences; riots; assaults upon officers in the discharge of their duties, or to prevent arrest; forcible entry or detainer; and assaults and batteries of so aggravated a character as to require a greater punishment than a magistrate has power to inflict. Offences and penalties relating to post office and post letters, misdemeanor or felony according to nature of offence.

PROCEEDINGS BEFORE THE MAGISTRATES.

In all indictable offences it is the duty of the Magistrate to send to the Court of Quarter Sessions, or to the Assizes, by committing the accused for trial, or admitting him to bail, as the case may require.

First official step to be ta

ken by J. P.

on complaint

case.

In all cases the first official step to be taken by the Magistrate is to receive an information upon oath from a credible person that an offence has been committed, made in any and stating as near as may be the nature of the offence, the person against whom, and the time when, and the place where the said offence was perpetrated, and naming (if known) the person or persons who committed, or who are suspected to have committed such offence.

issuing of

Upon receiving this information the Magistrate should Second step, immediately issue his warrant or summons to bring the Warrant or accused before him.

In all cases of treason, felony, or other indictable misdemeanor or offences a warrant should be issued. 16 V., c. 179, s. 1; Con. Sts. C. c. 102, s. 1., p. 1043.

In all cases over which the law gives the Magistrate summary jurisdiction a summons should issue in the first instance. 16 V., c. 178, s. 1; Con. Sts. C. c. 103, s. 1, p. 1083. To be followed in case of summons not being obeyed by a warrant.-Ib. s. 2; Ib. s. 6.—Or Justice may proceed ex parte.-Ib s. 2; Ib. s. 7.

Summons.

The hearing and proceedings thereat.

Counsel, &c.. allowed in

mary Convic

When the accused appears before the bench the accuser and his witnesses should also be present. The information should be read to the accused; and unless he voluntarily admits the charge, the Magistrate is to swear and examine-First. The complainant and his witnesses. Secondly. The witnesses for the accused, taking the whole of the evidence down in writing as nearly as possible in the words of, and when read over, to be signed by, the witnesses, as also by the acting Justice or Justices.(a).

Observing that in all cases of summary conviction, cases of Sum- the accused is admitted to make full answer and defence, tion, and to have all witnesses examined and cross-examined by counsel or attorney.-4 & 5 V., c. 24, s. 10; Con. Sts. C., c. 99, s. 37, p. 1021, also p. 1141.

allowed, as of

aminations

before J. P.'s

Counsel not In indictable offences the statutes do not any where right, in Ex-give the accused the same privilege, and it is questionIndictable able, therefore, although quite usual, and indeed the Offences. practice, to permit it, whether the accused can claim such defence by counsel or attorney as a right, but discretional with the Magistrate.

Nor place of
Examination

Court.

And

It is also to be observed that in this latter class of an open (ie., indictable) offences, the place where the examination is taken is not to be deemed an open court. it is entirely in the discretion of the Justice to prohibit any person being present if it appear that the ends of justice will be best answered by such a course.-16 V., c. 179, s. 11; Con. Stats, C. c. 102, s. 36, page 1051. After examination of witnesses is completed their the hearing. depositions are to be read by the Justice to the accused, and then any statement he may make is to be taken down in writing after being first duly cautioned.

Further pro

ceedings at

Taking statement of Pri

soner.

The attention of Justices is here particularly called to 16 V., c. 179, s. 10; Con. Stats. C., c. 102, ss. 32,

(a) The necessity and possible great saving of trouble to the Justice by attending to this particular will be seen on reference to 16 V. c. 175, s. 10, Con. Stats. C., c. 102, s. 33, p. 1051. If so signed they would appear to prove themselves when produced on a trial, and thus perhaps save the necessity of the Justice's personal attendance thereat.

34, pp. 1050, 1051, and to the necessity of the caution and explanations to be given and made to the accused before the statement made.

The statement thus made should be taken down in the prisoner's very words as nearly as possible, signed by him if he will, as also particularly by the acting Justice or Justices. (See Form N. in above statutes). It is also very requisite that the Justice or Justices should affix his or their signature to the deposition of each witness, such as "Sworn before me, the

A. D. 186.

or, the day and year above mentioned.

day of

A. B.,

J. P." (a)

J. P.'s con

after Exami

The examination being over, the first question for the Question for Magistrate to determine is, whether the charge is sus- sideration tained by the evidence, and next, whether the case is nation over. one which the law requires to be disposed of summarily, or whether it should be sent to a higher tribunal. If the former, the Magistrate will adjudge the amount of the penalty to be imposed (under the limitations of the statutes), together with the costs, which should be recorded on the proceedings, together with the period of imprisonment to be awarded, in case of non-payment of fine and costs.

If the case is one which requires to be disposed of by a higher tribunal, the Magistrate should commit the prisoner "until the next (Court having jurisdic

P.'s may bail.

tion,) (6) or until delivered by due course of law;" or in cases of Misdemeanor, the Magistrate may admit the In Misde accused to bail, in sufficient sureties, the amount of bail panora to be regulated by the magnitude of the offence charged, and by the abilities of the parties. In cases of Misdemeanor, one Magistrate can admit to bail.

Bailing in

In cases of Felony, even in Larcenies of the most trifling class, one Magistrate cannot admit the prisoner Felonies.

(a) See note (a) ante page 24.

(b) 16 V., c. 179, s. 12; Con. Stats. C., c. 102, s. 37, p. 1051.

D

Necessity of holding wit

in Recognizances to prosecute &

dence.

to bail. There must be two, who may bail the prisoner, but then only where the evidence of guilt is doubtful ; where the evidence is clear, the Magistrates are not authorised to admit the prisoner to bail. In this event, the parties must apply on certified copies of the depositions, examinations, &c., to be obtained from the office of the Clerk of the Peace, to one of the Judges of the superior courts, or Judge of the County Court in chambers. No person accused of Treason or Murder can be admitted to bail, except by order of a Judge of the superior courts.-Con. Stats. C., c. 102, s. 55, p. 1056.

When a Magistrate commits a prisoner to gaol or nesses, &c., holds him to bail, to take his trial, the Magistrate should at once, and before the parties leave his presence, or give evi- the proceedings considered as over, bind over the prosecutor and all witnesses to prosecute and give evidence at the "next court of competent criminal jurisdiction at which Giving notice the accused is to be tried." In which case the Magistrate parties must, at the same time, give a notice of such binding, signed by him, to the several persons bound.-See 16 V., c. 179, s. 12; Con. Stats. C., c. 102, ss. 37, 38, pp. 1051, 1052. The giving of this notice appears to be imperative, and that without it the recognizance could not be estreated, and would be therefore useless.

thereof to

bound.

Slander, abuse, &c.

Magistrates have no jurisdiction at common law over cases of slander or abuse, however gross, offensive, or false the case may be. The Statute Law, however, delegates authority to the municipalities to pass byelaws for the suppression of obscene, indecent, or grossly insulting language in the streets and highways. Under this the Municipality of York and Peel have acted, in the passage of Bye-Law No. 69. (See page 13, ante.) Articles of If, with or without abuse, any person threatens violence or injury to person or property, upon the complainant laying the necessary information, the accused may be arrested and without further enquiry bound over, with sufficient sureties to keep the peace and be of

the Peace.