T.-(Section 591.). STATEMENT OF THE ACCUSED. Canada, Province of County of A. B. stands charged before the undersigned justice of the peace in and for the county aforesaid, this day of on at in the year for that the said A. B., (c., as in the captions of the depositions); and the said charge being read to the said A. B., and the witnesses for the prosecution, C. D. and E. F,, being severally examined in his presence, the said A. B. is now addressed by me as follows: "Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so; but whatever you say will be taken down in writing, and may be given in evidence against you at your trial. You must clearly understand that you have nothing to hope from any promise of favour, and nothing to fear from any threat which may have been held out to induce you to make any admission or confession of guilt, but whatever you now say may be given in evidence against you upon your trial, notwithstanding such promise or threat." Whereupon the said A. B. says as follows: (Here state whatever the prisoner says and in his very words, as nearly as possible. Get him to sign it if he will). A. B.. Taken before me, at mentioned. the day and year first above J. S., [SEAL.] J. P., (Name of county.) ADMISSIONS BY ACCUSED. 592. Nothing herein contained shall prevent any prosecutor from giving in evidence any admission or confession, or other statement, made at any time by the person accused or charged, which by law would be admissible as evidence against him. R. S. C. c. 174, s. 72. EVIDENCE FOR THE DEFENCE. (New). 593. After the proceedings required by section five hundred and ninetyone are completed the accused shall be asked if he wishes to call any witnesses. CRIM. LAW-42 2. Every witness called by the accused who testifies to any fact relevant to the case shall be heard, and his deposition shall be taken in the same manner as the depositions of the witnesses for the prosecution. DISCHARGE OF ACCUSED. 594. When all the witnesses on the part of the prosecution and the accused have been heard the justice shall, if upon the whole of the evidence he is of opinion that no sufficient case is made out to put the accused upon his trial, discharge him; and in such case any recognizances taken in respect of the charge shall become void, unless some person is bound over to prosecute under the provisions next hereinafter contained. R. S. C. c. 174, s. 73. ACCUSER MAY HAVE HIMSELF BOUND OVER. (Amended). 595. If the justice discharges the accused, and the person preferring the charge desires to prefer an indictment respecting the said charge, he may require the justice to bind him over to prefer and prosecute such an indictment and thereupon the justice shall take his recognizance to prefer and prosecute an indictment against the accused before the court by which such accused would be tried if such justice had committed him, and the justice shall deal with the recognizance, information and depositions in the same way as if he had committed the accused for trial. 2. Such recognizance may be in the form U in schedule one hereto, or to the like effect. 3. If the prosecutor so bound over at his own request does not prefer and prosecute such an indictment, or if the grand jury do not find a true bill, or if the accused is not convicted upon the indictment so preferred, the prosecutor shall, if the court so direct, pay to the accused person his costs, including the costs of his appearance on the preliminary inquiry. 4. The court before which the indictment is to be tried or a judge thereof may an its or his discretion order that the prosecutor shall not be permitted to prefer any such indictment until he has given security for such costs to the satisfaction of such court or judge. R. S. C. c. 174, s. 80. Sub-section 1 is an extension to all offences whatever of an enactment that applied only to the offences falling under the vexatious indictments clause: R. S. C. c. 174, s. 140. U.-(Section 595.) FORM OF RECOGNIZANCE WHERE THE PROSECUTOR RE- Canada, Province of County of Whereas C. D. was charged before me upon the information of E. F. that C. D. (state the charge), and upon the hearing of the said charge I discharged the said C. D., and the said E. F. desires to prefer an indictment against the said C. D. respecting the said charge, and has required me to bind him over to prefer such an indictment at (here describe the next practicable sitting of the court by which the person discharged would be tried if committed). The undersigned E. F. hereby binds himself to perform the following obligation, that is to say, that he will prefer and prosecute an indictment respecting the said charge against the said C. D. at (as above). And the said E. F. acknowledges himself bound to forfeit to the Crown the sum of $ in case he fails to perform the said obligation. Taken before me. J. S., J. P. (Name of county.) E. F. COMMITTAL FOR TRIAL. 596. If a justice holding a preliminary inquiry thinks that the evidence is sufficient to put the accused on his trial, he shall commit him for trial by a warrant of commitment, which may be in the form V in schedule one hereto, or to the like effect. R. S. C. c. 174, s. 73. V.-(Section 596.) WARRANT OF COMMITMENT. Canada, Province of To the constable of at in the said county of on the oath of C. D. of Whereas A. B. was this day charged before me, J. S., one of Her Majesty's justices of the peace in and for the said county of (farmer), and others for that (dc., stating shortly the offence): These are therefore to command you the said constable to take the said A. B,, and him safely to convey to the (common gaol) at aforesaid, and there to deliver him to the keeper thereof, together with this precept And I do hereby command you the said keeper of the said (common gaol) to receive the said A. B. into your custody in the said (common gaol), and there safely keep him until he shall be thence delivered by due course of law. Given under my hand and seal, this day of , in the county aforesaid. J. S., [SEAL.] J. P., (Name of county.) COPY OF DEPOSITIONS. 597. Every one who has been committed for trial, whether he is bailed or not, may be entitled at any time before the trial to have copies of the depositions, and of his own statement, if any, from the officer who has custody thereof, on payment of a reasonable sum not exceeding five cents for each folio of one hundred words. R. S. C. c. 174, s. 74. RECOGNIZANCES TO PROSECUTE Or Give EvidencE. (Amended). 598. When any one is committed for trial the justice holding the preliminary inquiry may bind over to prosecute some person willing to be so bound, and bind over every witness whose deposition has been taken, and whose evidence in his opinion is material, to give evidence at the court before which the accused is to be indicted. 2. Every recognizance so entered into shall specify the name and surname of the person entering into it, his occupation or profession if any, the place of his residence and the name and number if any of any street in which it may be, and whether he is owner or tenant thereof or a lodger therein. 3. Such recognizance may be either at the foot of the deposition or separate therefrom, and may be in the form W, X or Y in schedule one hereto, or to the like effect, and shall be acknowledged by the person entering into the same, and be subscribed by the justice or one of the justices before whom it is acknowledged. 4. Every such recognizance shall bind the person entering into it to prosecute or give evidence (both or either as the case may be), before the court by which the accused shall be tried. 5. All such recognizances and all other recognizances taken under this Act shall be liable to be estreated in the same manner as any forfeited recognizance to appear is by law liable to be estreated by the court before which the principal party thereto was bound to appear. R. S. C. c. 174, ss. 75 & 76. 6. Whenever any person is bound by recognizance to give evidence before a justice of the peace, or any criminal court, in respect of any offence under this Act, any justice of the peace, if he sees fit, upon information being made in writing and on oath, that such person is about to abscond, or has absconded, may issue his warrant for the arrest of such person; and if such person is arrested any justice of the peace, upon being satisfied that the ends of justice would otherwise be defeated, may commit such person to prison until the time at which he is bound by such recognizance to give evidence, unless in the meantime he produces sufficient sureties; but any person so arrested shall be entitled on demand to receive a copy of the information upon which the warrant for his arrest was issued. 48-49 V. c. 7, s. 9. A notice to the person bound is not now required. The exception as to married women and infants has been left out: s-s. 6 applied heretofore to the Explosive Substances (farmer), personally came before a justice of the peace in and for the said , and acknowledged himself to owe to our Sovereign Lady the Queen, her heirs and successors, the sum of of good and lawful current money of Canada, to be made and levied of his goods and chattels, lands and tenements, to the use of our said Sovereign Lady the Queen, her heirs and successors, if the said C. D. fails in the condition endorsed (or hereunder written). Taken and acknowledged the day and year first above mentioned at , before me. J. S., J. P., (Name of county). CONDITION TO PROSECUTE. The condition of the within (or above) written recognizance is such that whereas one A. B. was this day charged before me, J. S., a justice of the peace within mentioned, for that (etc., as in the caption of the depositions); if, therefore, he the said C. D. appears at the court by which the said A. B. is or shall be tried and there duly prosecutes such charge then the said recognizance to be void, otherwise to stand in full force and virtue. |