(two) justices of the peace in and for the said county of entered into his own recognizance, and found sufficient sureties for his appearance 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

to

answer our Sovereign Lady the Queen, for that (etc., as in the commitment), for which he was taken and committed to your said common gaol: These are therefore to command you, in Her Majesty's name, that if the said A. B. remains in your custody in the said common gaol for the said cause, and for no other, you shall forthwith suffer him to go at large.

Given under our hands and seals, this

day of

603. No judge of a county court or justices shall admit any person to bail accused of treason or an offence punishable with death, or an offence under Part IV. of this Act, s. 65, nor shall any such person be admitted to bail, except by order of a superior court of criminal jurisdiction for the province in which the accused stands committed, or of one of the judges thereof, or, in the province of Quebec, by order of a judge of the Court of Queen's Bench or Superior Court. R. S. C. c. 174, s. 83.

APPLICATION FOR BAIL AFTER COMMITTAL.

604. When any person has been committed for trial by any justice the prisoner, his counsel, solicitor or agent may notify the committing justice, that he will, as soon as counsel can be heard, move before a superior court of the province in which such person stands committed, or one of the judges thereof, or the judge of the county court, if it is intended to apply to such judge, under section six hundred and two, for an order to the justice to admit such prisoner to bail,-whereupon such committing justice shall, as soon as may be, transmit to the clerk of the Crown, or the chief clerk of the court, or the clerk of the county court or other proper officer, as the case may be, endorsed under his hand and seal, a certified copy of all informations, examinations and other evidence, touching the offence wherewith the prisoner has been charged, together with a copy of the warrant of commitment, and the packet containing the same shall be handed to the person applying therefor, for transmission, and it shall be certified on the outside thereof to contain the information concerning the case in question. R. S. C. c. 174, s. 93.

2. Upon such application to any such court or judge the same order con cerning the prisoner being bailed or continued in custody, shall be made as if the prisoner was brought up upon a habeas corpus. R. S. C. c. 174, s. 94.

3. If any justice neglects or offends in anything contrary to the true intent and meaning of any of the provisions of this section, the court to whose officer any such examination, information, evidence, bailment or recognizance ought to have been delivered, shall, upon examination and proof of the offence, in a summary manner, impose such fine upon every such justice as the court thinks fit. R. S. C. c. 174, s. 95.

WARRANT OF DELIVERANCE,

605. Whenever any justice or justices admit to bail any person who is then in any prison charged with the offence for which he is so admitted to bail, such justice or justices shall send to or cause to be lodged with the keeper of such prison, a warrant of deliverance under his or their hands and seals, requiring the said keeper to discharge the person so admitted to bail if he is detained for no other offence, and upon such warrant of deliverance being delivered to or lodged with such keeper he shall forthwith obey the same. R. S. C. c. 174, s. 84.

WARRANT FOR ARREST OF PERSON ABOUT TO ABSCOND. (New).

606. Whenever a person charged with any offence has been bailed in manner aforesaid, it shall be lawful for any justice, if he sees fit, upon the application of the surety or of either of the sureties of such person and upon information being made in writing and on oath by such surety, or by some person on his behalf, that there is reason to believe that the person so bailed is about to abscond for the purpose of evading justice, to issue his warrant for the arrest of the person so bailed, and afterwards, upon being satisfied that the ends of justice would otherwise be defeated, to commit such person when so arrested to gaol until his trial or until he produces another sufficient surety or other sufficient sureties, as the case may be, in like manner as before. 14-15 V. c. 93, s. 17 (Imp.).

DELIVERY OF ACCUSED TO PRISON.

60%. The constable or any of the constables, or other person to whom any warrant of commitment authorized by this or any other Act or law is directed, shall convey the accused person therein named or described to the gaol or other prison mentioned in such warrant, and there deliver him, together with the warrant, to the keeper of such gaol or prison, who shall thereupon give the constable or other person delivering the prisoner into his custody, a receipt for the prisoner, setting forth the state and condition of the prisoner when delivered into his custody.

2. Such receipt shall be in the form DD in schedule one hereto. R. S. C. c. 174, s. 85.

GAOLER'S RECEIPT TO THE CONSTABLE FOR THE

PRISONER.

I hereby certify that I have received from W. T., constable,

was sober, (or as the case may be), at the time he was delivered

Keeper of the common gaol of the said county.

PART XLVI.

INDICTMENTS.

608. It shall not be necessary for any indictment or any record or document relative to any criminal case to be written on parchment. R. S. C. c. 174, s. 103.

By the interpretation clause, s. 3, ante, the word indictment includes information, presentment, plea, record, etc.

By the 4 Geo. II. c. 26, and 6 Geo. II. c. 14, "all indictments, informations, inquisitions and presentments shall be in English, and be written in a common legible hand, and not court hand, on pain of £50 to him that shall sue in three months."

No part of the indictment must contain any abbreviation, or express any number or date by figures, but these as well as every other term used, must be expressed in words at length, except where a fac-simile of an instrument is set out: 3 Burn, 35; 1 Chit. 175.

Formerly, like all other proceedings, they were in Latin, and though Lord Hale thinks this language more appropriate, as not exposed to so many changes and alterations, "it was thought in modern times to be of very greater use and importance," says his annotator Emlyn, "that they should be in a language capable of being known and understood by the parties concerned, whose lives and liberties were to be affected thereby."

Before confederation in Ontario and Quebec, the indictment in cases of high treason only had to be written on parchment: C. S. C. c. 99, s. 20.

By s. 133 of the British North America Act, the French language may be used in any of the courts of Quebec and in any court in Canada established under that Act.

STATEMENT OF VENUE.

609. It shall not be necessary to state any venue in the body of any indictment, and the district, county or place named in the margin thereof, shall be the venue for all the facts stated in the body of the indictment; but if local description is required such local description shall be given in the body thereof. R. S. C. c. 174, s. 104.

This section is taken from s. 23, 14 & 15 V. c. 100, of the Imperial statutes, upon which Greaves says: "This section was framed with the intention of placing the statement of venue upon the same footing in criminal cases upon which it was placed in civil proceedings by Reg. Gen., H. T., 4 Wm. IV. By this section, in all cases, except where some local description is necessary, no place need be stated in the body of the indictment; thus in larceny, robbery, forgery, false pretenses, etc., no venue need be stated in the body. of the indictment. In such cases, before the passing of this Act, although it was considered necessary to state some parish or place, it was quite immaterial whether the offence was committed there or at any other parish in the county. On the other hand, in burglary, sacrilege, stealing in a dwelling house, etc., the place where the offence was committed must be stated in the indictment. It was necessary so to state it before the Act, and to prove the statement as alleged, and so it is still, subject ever to the power of amendment given by the first section." (See now, ss. 611, 613, post.)

"The venue, that is, the county in which the indictment is preferred, is stated in the margin thus " Middlesex," or "Middlesex, to wit," but the latter method is the most usual. In the body of the indictment a special venue used to be laid, that is, the facts were in general stated to have arisen in the county in which the indictment was preferred." 8 Burn, 21.

"The place (or special venue, as it is technically termed) must be such as in strictness the jury who are to try the cause should come from. At common law, the jury, in strictness, should have come from the town, hamlet, or