X.-(Section 598.) RECOGNIZANCE TO PROSECUTE AND GIVE EVIDENCE. (Same as the last form, to the asterisk,* and then thus):-And there duly prosecutes such charge against the said A. B. for the offence aforesaid, and gives evidence thereon, as well to the jurors who shall then inquire into the said offence, as also to them who shall pass upon the trial of the said A. B., then the said recognizance to be void, or else to stand in full force and virtue. Y.-(Section 598.) RECOGNIZANCE TO GIYE EVIDENCE. (Same as the last form but one, to the asterisk,* and then thus): -And there gives such evidence as he knows upon the charge to be then and there preferred against the said A. B. for the offence aforesaid, then the said recognizance to be void, otherwise to remain in full force and virtue. WITNESSES REFUSING TO BE BOUND OVER. 599. Any witness who refuses to enter into or acknowledge any such recognizance as aforesaid may be committed by the justice holding the inquiry by a warrant in the form Z in schedule one hereto, or to the like effect, to the prison for the place where the trial is to be had, there to be kept until after the trial, or until the witness enters into such a recognizance as aforesaid before a justice of the peace having jurisdiction in the place where the prison is situated: Provided that if the accused is afterwards discharged any justice having such jurisdiction may order any such witness to be discharged by an order which may be in the form AA in the said schedule, or to the like effect. R. S. C. c. 174, ss. 78 & 79. Z.-(Section 599.) COMMITMENT OF A WITNESS FOR REFUSING TO ENTER INTO THE RECOGNIZANCE. Canada, Province of To all or any of the peace officers in the said county of and to the keeper of the common gaol of the said county of at in the said county of Whereas A. B. was lately charged before the undersigned (name of the justice of the peace), a justice of the peace in and for the said county of for that (c., as in the summons to the witness), and it having been made to appear to (me) upon oath that E. F., of was likely to give material evidence for the prosecution, (1) duly issued (my) summons to the said E. F., requiring him to be and appear before (me) on at or before such other justice or justices of the peace as should then be there, to testify what he knows concerning the said charge so made against the said A. B. as aforesaid; and the said E. F. now appearing before (me) (or being brought before (me) by virtue of a warrant in that behalf to testify as aforesaid), has been now examined before (me) touching the premises, but being by (me) required to enter into a recognizance conditioned to give evidence against the said A. B., now refuses so to do: These are therefore to command you the said peace officers, or any one of you, to take the said E. F. and him safely convey to the common gaol at , in the county aforesaid, and there deliver him to the said keeper thereof, together with this precept And I do hereby command you, the said keeper of the said common gaol, to receive the said E. F. into your custody in the said common gaol, there to imprison and safely keep him until after the trial of the said A. B. for the offence aforesaid, unless in the meantime the said E. F. duly enters into such recognizance as aforesaid, in the sum of before some one justice of the peace for the said county, conditioned in the usual form to appear at the court by which the said A. B. is or shall be tried, and there to give evidence upon the charge which shall then and there be preferred against the said A. B. for the offence aforesaid. Given under my hand and seal this day of , in in the county aforesaid. J. S., J. P., (Name of county.) day of Whereas by (my) order dated the (instant) reciting that A. B. was lately before then charged before (me) for a certain offence therein mentioned, and that E. F. having appeared before (me) and being examined as a witness for the prosecution on that behalf, refused to enter into recognizance to give evidence against the said A. B., and I therefore thereby committed the said E. F. to your custody, and required you safely to keep him until after the trial of the said A. B. for the offence aforesaid, unless in the meantime he should enter into such recognizance as aforesaid; and whereas for want of sufficient evidence against the said A. B., the said A. B. has. not been committed or holden to bail for the said offence, but on the contrary thereof has been since discharged, and it is therefore not necessary that the said E. F. should be detained longer in your custody: These are therefore to order and direct you the said keeper to discharge the said E. F. out of your custody, as to the said commitment, and suffer him to go at large. Given under my hand and seal, this in the year , at day of , in the county aforesaid. J. P., (Name of county.) TRANSMISSION OF DOCUMENTS. (Amended). 600. The following documents shall, as soon as may be after the committal of the accused, be transmitted to the clerk or other proper officer of the court by which the accused is to be tried, that is to say, the information if any, the depositions of the witnesses, the exhibits thereto, the statement of the accused, and all recognizances entered into, and also any depositions taken before a coroner if any such have been sent to the justice. 2. When any order changing the place of trial is made the person obtain ing it shall serve it, or an office copy of it, upon the person then in possession of the said documents, who shall thereupon transmit them and the indictment, if found, to the officer of the court before which the trial is to take place. R. S. C. c. 174, ss. 77, 102. RULE AS TO BAIL. 601. When any person appears before any justice charged with an indictable offence punishable by imprisonment for more than five years other than treason or an offence punishable with death, or an offence under Part IV. of this Act (s. 65), and the evidence adduced is, in the opinion of such justice, sufficient to put the accused on his trial, but does not furnish such a strong presumption of guilt as to warrant his committal for trial, the justice, jointly with some other justice, may admit the accused to bail upon his procuring and producing such surety or sureties as, in the opinion of the two justices, will be sufficient to ensure his appearance at the time and place when and where he ought to be tried for the offence; and thereupon the two justices shall take the recognizances of the accused and his sureties, conditioned for his appearance at the time and place of trial, and that he will then surrender and take his trial and not depart the court without leave; and in any case in which the offence committed or suspected to have been committed is an offence punishable by imprisonment for a term less than five years any one justice before whom the accused appears may admit to bail in manner aforesaid, and such justice or justices may, in his or their discretion, require such bail to justify upon oath as to their sufficiency, which oath the said justice or justices may administer; and in default of such person procuring sufficient bail, such justice or justices may commit him to prison, there to be kept until delivered according to law. 2. The recognizance mentioned in this section shall be in the form BB in schedule one to this Act. R. S. C. c. 174, s. 81. day of (labourer), L. M. of (butcher), personally came before (us) the undersigned, (two) justices of the peace for the county of , and severally acknowledged themselves to owe to our Sovereign Lady the Queen, her heirs and successors, the several sums following, that is to say: the said A. B. the sum of and the said L. M. and N. O. the sum of each, of good and lawful current money of Canada, to be made and levied of their several goods and chattels, lands and tenements respectively, to the use of our said Sovereign Lady the Queen, her heirs and successors, if he, the said A. B., fails in the condition endorsed (or hereunder written). Taken and acknowledged the day and year first above men The condition of the within (or above) written recognizance, is such that whereas the said A. B. was this day charged before (us), the justices within mentioned for that (etc., as in the warrant); if, therefore, the said A. B. appears at the next court of oyer and terminer (or general gaol delivery or court of General or Quarter Sessions of the Peace) to be holden in and for the county of and there surrenders himself into the custody of the keeper of the common gaol (or lock-up house) there, and pleads to such indictment as may be found against him by the grand jury, for and in respect to the charge aforesaid, and takes his trial upon the same, and does not depart the said court without leave, then the said recognizance to be void, other. wise to stand in full force and virtue. BAIL AFTER COMMITTAL. 602. In case of any offence other than treason or an offence punishable with death, or an offence under Part IV. of this Act, (s. 65), where the accused has been finally committed as herein provided, any judge of any superior or county court, having jurisdiction in the district or county within the limits of which the accused is confined, may, in his discretion, on application made to him for that purpose, order the accused to be admitted to bail on entering into recognizance with sufficient sureties before two justices, in such amount as the judge directs, and thereupon the justices shall issue a warrant of deliverance as hereinafter provided, and shall attach thereto the order of the judge directing the admitting of the accused to bail. 2. Such warrant of deliverance shall be in the form CC in schedule one to this Act. R. S. C. c. 174, s. 82. CC.-(Section 602.) WARRANT OF DELIVERANCE OF BAIL BEING GIVEN FOR PRISONER ALREADY COMMITTED. Canada, Province of County of To the keeper of the common gaol of the county of |