in the discretion of the Justices, and should be such as to insure the appearance of the person charged at the time and place required.

The Justice or Justices may require the proposed bail to swear upon oath before him or them, as to the sufficiency of their property.

General practice is to take the prisoner's own recognizance in the sum of two, four, six, or eight hundred dollars or more, as the nature of the case may require, and two sureties each in the sum of half the amount of the principal's bail.

In case the accused cannot give proper bail the only course is for the Justice to commit for trial. In cases of misdemeanor the com

mitting Justice may admit to bail even after committed, if proper bail is offered at any time before the first day of the court at which he is to be tried, or else certify on the back of the warrant of commitment the amount of bail required, in which case any other Justice of the Peace for the County may grant bail. But where the prisoner has been committed, it is the practice for him to apply to the County or Superior Court Judge for an order allowing him to be admitted to bail, on entering into a recognizance with sufficient sureties, before. any two Justices in such amount as the Judge directs, and this being done the said Justices shall issue their warrant of deliverance to the gaoler having charge of the accused, and attach thereto the order of the Judge directing bail to be taken.

In cases where Justices commit or bail for trial, they should bind the prosecutor and witnesses for the prosecution before they leave the court to appear at the next court of competent jurisdiction to give evidence against the accused. Justices have no power to compel witnesses to give other than their own recognizances to appear, except in the cases of married women and infants.

But if the prosecutor or witnesses refuse to be bound, the Justice may commit them to jail until after the trial of the accused party, unless in the meantime they duly enter into a proper recognizance before some one Justice of the Peace for such county.

The notices at the bottom of all recognizances shall be filled up and signed by the Justice, or Justices, and given to the persons bound.

In case any witness summoned, neglects or refuses to appear at the time and place appointed by the summons, and no just excuse be offered for such neglect or refusal, (after proof upon oath or affirmation of the summons having been served upon such person, either

AS REGARDS, BAILING FOR TRIAL.

personally, or left with some person for him at his last or usual place of abode) the Justice may issue a warrant for such witness.

If the Justice is satisfied by evidence upon oath, that it is probable the person will not attend to give evidence unless compelled so to do, he may issue his warrant in the first instance for such witness.

If a witness refuses to be examined upon oath or affirmation concerning the case in question, or refuses to take such oath or affirmation, or having taken such oath or affirmation refuses to answer the questions concerning the premises then put to him, without giving any just excuse for such refusal, the Justice may commit such person to the common jail for any time not exceeding ten days, unless he in the meantime consents to be examined, and to answer concerning the case in question. Unless otherwise directed by statute in any particular case or class of cases, one Justice has power to act in all matters coming before him, but if more than one be present, they must be present, and acting together during the whole of the case, and the judgment must be according to the opinion of the majority. In case there is an even number of Justices present and there is a tie vote, the Justices should adjourn the case till a future day, and if they can then come to no agreement as to judgment, the case should be entirely tried over, when other Justices may be present or further evidence heard.

If no adjournment of a case is made or judgment given, a new information may be laid and the case begun anew.

Judgment once given can only be altered during the same sitting. The chairman or presiding Justice has not a double or casting vote.

In case a Justice is in any doubt as to how he should act, he should adjourn the case, and ask for the advice of the County Crown Attorney of his county, whose duty it is to advise Justices concerning any criminal cases, when requested in writing so to do.

In all important cases coming before any Justice, the Crown Attorney should either personally attend on same, or else see that the interest of the Crown are looked after in the matter.

In very heinous offences Justices should report the matter to the Crown Attorney, and ask for his attendance at the examination.

In matters of a civil nature such as Master and Servant, License Cases, Breach of By-laws, &c., &c., the Crown Attorney is not

authorized by statute officially to advise, and any party interested, must seek advice at his own expense, but he can apply to the Crown Attorney as well as to any other lawyer.

The Crown Attorney cannot act in the defence of persons charged with criminal offences, in all other matters he can practice as fully as any other member of the profession.

All the papers in indictable proceedings should be sent without delay to the Crown Attorney immediately after the conclusion thereof.

Justices of the Peace should refrain from taking part in any matter in which they individually have a personal interest; however small, as if any one of the Justices be interested, it will invalidate the decision of all.

As to keeping order in a Justice court, see contempt.

To all or any of the Constables and other Peace Officers in the County of Huron and to the Keeper of the Common Gaol of the said County at Goderich in the said County of Huron.

Whereas, John Brown was this day adjudged to be committed to stand his trial ou a charge of having on the 20th day of August last past, at the Village of Gorrie, in the County aforesaid, feloniously stolen, taken, and carried away one coat the property of Alexander Treegraham, against the form of the statute in such case made and provided.

These are therefore to command you, the said Constables or Peace Officers to take the said John Brown, and him safely to convey to the Common Gaol at Goderich aforesaid, and there deliver him to the said Keeper, together with this Precept.

And I do hereby command you, the said Keeper of the said Common Gaol, to receive the said John Brown, into your custody in the said Common Gaol, there to be imprisoned and kept in safe custody until delivered by due course of law, and for so doing this shall be your sufficient warrant.

Given under my hand and seal this 17th day of September, in the year of our Lord 1882, at Gorrie, in the said County of Huron aforesaid.

ABRAHAM JACKSON.

Seal

FORMS-BAILING FOR TRIAL.

13:

GAOLER'S RECEIPT TO CONSTABLE,

I hereby certify, that I have received from Stephen Ketchem, a Constable of the County of Huron, the body of John Brown, together with a warrant under the hand and seal of Abraham Jackson, Esquire, one of Her Majesty's Justices of the Peace for the said County of Huron, and that the said John Brown was sober and orderly at the time he was delivered into my custody.

Keeper of the Common Gaol of the said County.

FORM OF

WARRANT OF COMMITMENT.

Canada, Province of Ontario,

County of Huron, to wit:

To all or any of the Constables and other Peace Officers in the County of Huron and to the Keeper of the Common Gaol of the said County at Goderich in the said County of Huron.

Whereas, James Jones was this day adjudged to be committed to stand his trial on a charge of having on or about the 14th day of September last past, at the Town of Exeter, unlawfully and maliciously committed an assault on George Oxford to the great domage of the said George Oxford, against the form of the statute in such case made and provided and against the peace of our Lady the Queen, Her Crown and Dignity.

These are therefore to command you, the said Constables or Peace Officers, or any of you, to take the said James Jones and him safely to convey to the Common Gaol at Goderich aforesaid, and there deliver him to the said Keeper, together with this Precept.

And I do hereby command you, the said Keeper of the said Common Gaol, to receive the said James Jones into your custody in the said Common Gaol, there to be imprisoned and kept in safe custody until delivered by due course of law, and for so doing this shall be your sufficient warrant.

Given under my hand and seal this 17th day of September, in the year of our Lord, 1882, at Gorrie, in the said County of Huron aforesaid.

| ABRAHAM JACKSON.

Seal.

GAOLER'S RECEIPT TO CONSTABLE.

I hereby certify, that I have received from Stephen Ketchen, a Constable of the County of Huron the body of James Jones together with a warrant under the hand and seal of Abraham Jackson, Esquire, one of Her Majesty's Justices of the Peace for the said County of Huron and the said James Jones was sober and in good order at the time he was delivered into my custody.

Keeper of the Common Gaol of the said County.

CHAPTER II.

SUMMARY CONVICTIONS.

We now come to the second class of cases, namely, those over which a Justice has summary jurisdiction and in which he acts judicially. The procedure in summary cases up to a certain stage is almost similar to that in indictable offences.

The general practice is to issue a summons in the first instance, but if from the circumstance of the case, &c., the Justice considers it advisable he may issue his warrant in the first instance.

Where a warrant is issued in the first instance a copy of it must be served on the defendant.

In summary cases the Justice tries the case and decides same.

Where no time is specially limited for laying the information or complaint, it must be laid within three months from the time when the matter of the information or complaint arose.

The word "month" means calendar month.

Every information or complaint may be laid or made by the complainant or informant in person, or by his counsel or attorney or other person authorized in that behalf, unless otherwise directed by statute in any particular case, and if no prosecutor is described in the statute then any person may lay the information.

Not necessary that the Justice who issues the summons should also hear and determine the matter.

Where two Justices are required they must be present and acting together during the whole of the hearing and determination of the case and when a case has been partly heard, and it is advisable that another Justice or Justices should sit on the case, the evidence must be all taken over again in due form, as reading the evidence already taken, will not suffice.

The information should contain the name, address and occupation of the informer; the date and place of taking same, and description of the Justice taking it, the name of the accused, or a full description if the name is unknown, and the charge must be set out in such dis