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TIME FOR HOLDING OF RECORDERS' Courts.—“The recorder's court shall hold four sessions every year; and such sessions shall commence on the first Monday in the months of March, June, and September, and on the third Monday in December.” (25 Vic. c. 19, s. 3.)

Costs.—“On the acquittal of any person tried for misdemeanor in a recorder’s court, the presiding officer shall, if the court is satisfied that there was reasonable and probable cause for the prosecution, order the costs thereof to be taxed by the clerk, and to be paid out of the city funds." (Con. Stat. U.C. c. 54, s. 380.)

EXPENSES OF RECORDER'S COURT. — “The expenses of the administration of justice in criminal cases in the recorder's court shall be defrayed out of the consolidated revenue fund, in like manner and to the like extent as the expenses attending the administration of justice in criminal cases in the several courts of Quarter Sessions in Upper Canada.” (Ib. s. 381.)

POWER OF RECORDER AND POLICE MAGISTRATE. 16 Where any person is charged before the recorder of any city with having committed —

1. “Simple larceny, and the value of the whole of the property alleged to have been stolen does not in the judgment of such recorder exceed one dollar; or

2. “With having attempted to commit larceny from the person ; or

3. With simple larceny; or

4. “With having committed an aggravated assault, by unlawfully and maliciously inflicting upon any other person, either with or without a weapon or instrument, any grievous bodily harm, or by unlawfully and maliciously cutting, stabbing or wounding any other person; or

5. “With having committed an assault upon any female whatever, or upon any male child whose age does not in the opinion of such recorder exceed fourteen years, such assault being of a nature which cannot in the opinion of the recorder be sufficiently punished by a summary conviction before him under any other act, and such assault, if upon a female, not amounting in his opinion to an assault with intent to commit a rape; or

6. “ With having assaulted any magistrate, bailiff, or constable or other officer in the lawful performance of his duty, or with intent to prevent the performance thereof; or

7. “With keeping or being an inmate, or habitual frequenter of any disorderly house, house of ill-fame or bawdy house;

“Such recorder may hear and determine the charge in a summary way.” (Con. Stat. C. c. 105, s. 1.)

CONSENT OF ACCUSED._"Whenever the recorder before whom any person is charged as aforesaid proposes to dispose of the case summarily under the provisions of this act, such recorder, after ascertaining the nature and extent of the charge, but before the formal examination of the witnesses for the prosecution, and before calling on the party charged for any statement he may wish to make, shall state to such person the substance of the charge against him, and if it is in the election of the person charged, shall then say to him these words, or words to the like effect : “Do you consent that the charge against you shall be tried by me, or do you desire that it shall be sent for trial by a jury at the (naming the court at which it could soonest be tried);" and if the person charged consents to the charge being summarily tried and determined as aforesaid, or if it is a case not within the election of the person charged, the recorder shall reduce the charge into writing, and read the same to such person, and shall then ask him whether he is guilty or not of such charge.” (Ib. s. 2.)

PLEADING.—“ If the person charged confesses the charge, the recorder shall then proceed to pass such sentence upon him as may by law be passed, subject to the provisions of this act, in respect to such offence; but if the person charged says that he is not guilty, the recorder shall then examine the witnesses for the prosecution; and when the examination has been completed, the recorder shall enquire of the person charged whether he has any defence to make to such charge, and if he states that he has a defence, the recorder shall hear such defence, and shall then proceed to dispose of the case summarily.” (Ib. s. 3.) PUNISHMENT." In case of larceny charged under the first, second or third sub-sections of the first section of this act, if the recorder, after hearing the whole case for the prosecution and for the defence, finds the charge proved, then such recorder shall convict the person charged and commit him to the common gaol or house of correction, there to be imprisoned, with or without hard labor, for any period not exceeding three months.” (Ib. s. 4.)

Forms.—“Every such conviction and certificate respectively may be in the forms A and B, in this act, or to the like effect.” (Ib. s. 5.)

Dismissal.—“If in any case the recorder finds the offence not proved, he shall dismiss the charge, and make out and deliver to the person charged a certificate under his hand stating the fact of such dismissal.” (Ib. s. 6.)

WHEN NO SUMMARY TRIAL GRANTED." When being in the election of the person charged he does not consent to have the case heard and determined by the recorder, or in any case if it appears to the recorder that the offence is one which, owing to a previous conviction of the person charged, is by law a felony, or if such recorder be of opinion that the charge is from any other circumstances fit to be made the subject of prosecution by indictment rather than to be disposed of summarily, such recorder shall deal with the case in all respects as if this act had not been passed.” (Ib. s. 7.)

Dismissal.—“If upon the hearing of the charge such recorder is of opinion that there are circumstances in the case which render it inexpedient to inflict any punishment, he may dismiss the person charged without proceeding to a conviction.” (16. 8. 8.)

LARCENIES OVER ONE DOLLAR. — “Where any person is charged before any such recorder with simple larceny of property exceeding in value one dollar, or with stealing from the person, or with larceny as a clerk or servant, and the evidence in support of the prosecution is in the opinion of the recorder sufficient to put the person charged on his trial for the offence charged, such recorder, if the case appear to him to be one which may be properly disposed of in a summary way, and may be adequately punished by virtue of the powers of this act, shall reduce the charge into writing, and shall read it to the said person, and shall then explain to him that he is not obliged to plead or answer before such recorder at all, and that if he do not plead or answer before him he will be committed for trial in the usual course.” (16. s. 9.)

PLEA OF GUILTY.-" The recorder shall then ask him whether he is guilty or not of the charge, and if such person says that he is guilty, such recorder shall thereupon cause a plea of guilty to be entered upon the proceedings, and shall convict him of the offence, and commit him to the common gaol or house of correction, there to be imprisoned, with or without hard labour, for any term not exceeding six months, and every such conviction may be in the form C, or to the like effect.” (Ib. s. 10.)

DEFENCE.—“In every case of summary proceedings under this act, the person accused shall be allowed to make his full answer and defence, and to have all witnesses examined and cross-examined, by counsel or attorney.” (Ib. s. 11.)

COMPELLING ATTENDANCE.—“ The recorder before whom any person is charged under this act may by summons require the attendance of any person as a witness upon the hearing of the case, at a time and place to be named in such summons; and such recorder may bind by recognizance all persons whom he may consider necessary to be examined touching the matter of such charge to attend at the time and place to be appointed by him, and then and there to give evidence upon the hearing of such charge; and in case any person so summoned or required or bound as aforesaid neglects or refuses to attend in pursuance of such summons or recognizance, then upon proof being first made of such person's having been duly summoned as hereinafter mentioned, or bound by recognizance as aforesaid, the recorder before whom such person ought to have attended may issue a warrant to compel his appearance as a witness.” (16. s. 12.)

SERVICE OF SUMMONS. “Every summons issued under this act may be served by delivering a copy of the summons to the party summoned, or by delivering a copy of the summons to some inmate of such party's usual place of abode; and every person so required by any writing under the hand of any recorder to attend and give evidence as aforesaid shall be deemed to have been duly summoned.” (Ib. s. 13.)

JURISDICTION.—“The jurisdiction of the recorder in the case of any person charged within the police limits of any city in this province with therein keeping or being an inmate or an habitual frequenter of any disorderly house, house of ill-fame or bawdy house, shall be absolute, and shall not depend on the consent of the party charged to be tried by such recorder, nor shall such party be asked whether he consents to be so tried.” (16. 8. 14.)

PUNISHMENTS.—“In any case summarily tried under the fourth, fifth, sixth or seventh sub-sections of the first section of this act, if the recorder finds the charge proved, he may convict the person charged and commit him to the common gaol or house of correction, there to be imprisoned with or without hard labour for any period not exceeding six months, or may condemn him to pay a fine not exceeding, with costs in the case, one hundred dollars, or to both fine and imprisonment, not exceeding the said period and sum; and such fine may be levied by warrant of distress under the hand and seal of such recorder, or the party convicted may be condemned (in addition to any other imprisonment on the same conviction) to be committed to the common gaol for a further period not exceeding six months, unless such fine be sooner paid.” (Ib. s. 16.)

FORMS.—“ In such cases as last aforesaid, the forms given at the end of this act shall be altered, by omitting the words stating the consent of the party to be tried before the recorder, and by adding the requisite words stating the fine imposed (if any) and the imprisonment (if any) to which the party convicted is to be subject if the fine be not sooner paid.” (Ib. s. 17.)

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