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CAP. XXVII.

An Act to amend and extend the Act of 1857, for diminishing the expense and delay in the Administration of Criminal Justice in certain cases.

[ Assented to 24th July, 1858. ]

W twentieth Victoria, chapter twenty-seven, intituled, An Act 20 V. c. 27.

HEREAS the powers of summary conviction given by Act Preamble.

for diminishing expense and delay in the Administration of Criminal Justice in certain cases, have been attended with great benefit, and it is expedient to extend them to certain other cases, and to amend the said Act so as to render its operation more direct and effective Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

summary con

1. The powers for the summary trial and conviction of persons Powers of charged with certain offences, vested in the Recorder of any viction under City, by the first section of the said Act, are hereby extended to 20 V. e. 27, cases where any person is charged before such Recorder with extended to having committed any of the following offences, that is to say: certain cases.

1. With having committed an aggravated assault, by unlaw- Aggravated fully and maliciously inflicting upon any other person, either assaults. with or without any weapon or instrument, any grievous bodily harm, or by unlawfully and maliciously cutting, stabbing or wounding any other person; or

females of any

age.

2. With having committed an assault upon any female what- Assaults on ever, or upon any male child whose age shall not in the opinion children or 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 not amounting in his opinion to an assault with intent to commit a rape if such assault be on a female; or 3. 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

Assaulting of ficers of jus

tice.

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

frequenting bawdy houses.

And all the provisions of the said first section and of the other Provisions enactments of the said Act shall apply to the cases mentioned in of sect. 1 of 20 this section, in so far as they are applicable to such cases, but applysubject to the provisions hereinafter made :

V. c. 27 to

2. The provisions of the said Act shall be subject to the But subject to following modifications, as applied to the cases mentioned in certain modithe next preceding section:

fication

Consent of

party not requisite in certain cases.

Nor in Quebec

if the oflender

stranger.

1. 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;

2. The jurisdiction of the Recorder shall also be absolute in or Montreal, the case of any person charged, either within the City of Quebec be a seafaring as limited for the purposes of the Police Ordinance passed in the second year of Her Majesty's Reign, chapter two, or within the City of Montreal as so limited, with the commission therein of any other of the offences mentioned in the last preceding section, if such person be a seafaring person and only transiently in this Province, and have no permanent domicile therein, and such jurisdiction shall not depend on the consent of any such party to be tried by the Recorder, nor shall such party be asked whether he consents to be so tried;

Punishment

in cases summarily tried under this Act.

3. If in any case summarily tried before him under this Act, the Recorder finds any charge mentioned in the next preceding section to be 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 condemn him to pay a fine not exceeding, with the costs in the case, one hundred dollars, or to both fine and imprisonment, not exceeding the Levying fine. 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 imprisonment on the same conviction) to be committed to the if not paid. Common Gaol, for a further period not exceeding six months unless such fine be sooner paid;

Forms in 20

V. c. 27 may suit this Act.

be altered to

4. In such cases as aforesaid, the forms given in the Schedules to the said 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;

Recorder may 5. In any such case, if the Recorder thinks it is one which send the case ought to be made the subject of prosecution by indictment to be tried by rather than to be disposed of summarily, he may deal with it a jury, &c. as if this Act had not been passed, or if he thinks there are circumstances inexpedient to inflict punishment, he may dismiss it without proceeding to a conviction, as in the cases mentioned in the first section of the said Act;

Justices of the

6. The powers of Justices of the Peace under the fifth and sixth Peace may act sections of the said Act, and all the provisions of the said

sections,

sections, shall extend to the cases to which the jurisdiction of the in such cases Recorder is extended by this Act.

under 20 V. c. 27, ss. 5 & 6.

3. And whereas it is inconvenient that in the cases Recital. mentioned in the first section of the Act first above cited, or in cases to be summarily tried under this Act, the examinations of the witnesses for the prosecution should be completed before the person charged is asked whether he consents to be tried by the Recorder; therefore, the second Sect. 2 of 20 section of the said Act is repealed, and the following is substituted therefor:

V. c. 27, repealed, and new section substituted.

whether he

"Whenever the Recorder before whom any person is charged Accused party under the first section of the said Act proposes to dispose of to be asked the case summarily under the provisions of the said first section, consents to be such Recorder, after ascertaining the nature and extent of the tried summacharge, but before the formal examination of the witnesses for the rily. prosecution, and before calling on the party charged for any statement which he may wish to make, shall state to such person the substance of the charge against him, and 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 so next be tried ;)" and if the per- If he consents son charged shall consent to the charge being summarily tried to be so tried; and determined as aforesaid, then 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; and if such person shall say that he is guilty, the Recorder And pleads shall then proceed to pass such sentence upon him as may by guilty; law be passed, subject to the provisions of this Act in respect to such offence; but if the person charged shall say that he is And if he not guilty, the Recorder shall then examine the witnesses for pleads not guilty. the prosecution, and when the examination is completed, the Recorder shall inquire of the person charged whether he has any defence to make to such charge, and if he shall state that he has a defence, the Recorder shall hear such defence and shall then proceed to dispose of the case summarily."

nesses.

4. It shall be lawful for any Recorder before whom any Recorder may person is charged under the said Act as hereby amended, by compelattendsummons to require the attendance of any person as a witness ance of witupon 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 Warrant may any person so summoned or required or bound as aforesaid, pel attendance shall neglect or refuse to attend in pursuance of such summons in certain or recognizance, then upon proof being first made of such per- cases. sons having been duly summoned as hereinafter mentioned, or bound

issue to com

How any summons under this Act shall be served.

Recital.

Jurisdiction of Recorder

given to She

riffs and Justices of the

bound by recognizance as aforesaid, it shall be lawful for the Recorder before whom such person ought to have attended, to issue a warrant to compel his appearance as a witness.

5. 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.

6. And inasmuch as it will conduce to diminish expense and delay in the administration of justice in criminal matters, to confer certain powers on certain Justices of the Peace and Sheriff's in Lower Canada; Therefore, all the jurisdiction and powers vested by the Act aforesaid as hereby amended or by this Act, in the Recorder of any City, are hereby conferred upon and vested in any two or more Justices of the Peace for Peace, in cer- any district in Lower Canada when present at the chef-lieu tain places in Lower Canada, thereof, and there sitting in open Court, and upon and in the Sheriff of any district in Lower Canada, (other than the districts of Quebec and Montreal,) and upon and in any Deputy Sheriff in the district of Gaspé, sitting in open Court: Provided always, that such jurisdiction and powers shall not be exercised by any two or more Justices of the Peace or Sheriff in any new district until such district shall be established as such for all purposes of the administration of Justice in criminal as well as civil matters, under any proclamation of the Governor to that effect.

Proviso.

Sheriffs exercising such jurisdiction to

be attended by certain officers.

fines under this Act.

7. The Sheriffs of such districts as aforesaid in Lower Canada, or any Deputy Sheriff in the district of Gaspé, when sitting or acting under the provisions of the Act hereby amended and this Act, shall be assisted, attended and obeyed by the Clerk of the Peace, Bailiffs, Constables and other Officers of such districts respectively, in the same manner as Justices of the Peace in and for the said districts respectively, would be attended, assisted and obeyed by them respectively, under the same or similar circumstances; and the Clerk of the Peace for each such district shali be and act as the Clerk of the Court of the Sheriff of such district under the provisions of this Act and of the Act hereby amended.

8. Every fine imposed under the authority of this Act Payment and application of shall be paid to the Recorder, Superintendent of Police, Sheriff, Deputy-Sheriff or Justices of the Peace, who shall have imposed the same, or to the Clerk of Recorder's Court or Clerk of the Peace, as the case may be, and shall be by him or them paid over to the County Treasurer for County purposes if it has been imposed in Upper Canada,-and if it has been imposed in any New District in Lower Canada constituted by

any

any Act of the session held in 1857, or to be passed in any subsequent session, then to the Sheriff of such District as Treasurer of the Building and Jury Fund for such District, to form part of the said Fund, and if it has been imposed in any other District in Lower Canada, then to the Prothonotary of such District to be by him applied under the direction of the Governor in Council, towards the keeping in repair of the Court House in such District, or to be by him added to the moneys and fees collected by him for the erection of a Court House and Gaol in such District, so long as such fees shall be collected to defray the cost of such erection.

Montreal de

9. The Recorders of the Cities of Quebec and Montreal Recorders af respectively, have been and are, by virtue of their offices, Quebec and Justices of the Peace for the Judicial Districts in which the clared to be said Cities are respectively situate, and vested with all the Justices of the powers and authorities, within the limits of their respective Peace. jurisdictions, of any one or two Justices of the Peace, as the case may require.

V. c. 27 and

powers of Re

10. This Act shall be read and construed as one Act with This Act to be the Act hereby amended, all the provisions for the interpreta- read as one tion whereof shall apply to this Act so that (among other Act with 20 things,) all the provisions of this Act referring to Recorders and Recorders' Courts shall be read and construed as applying corders to be and referring also to and giving jurisdiction to the Inspector vested also in Superintendand Superintendent of Police for the City of Quebec and for ents of Police, the City of Montreal respectively, and to the Police Magistrate &c. for any City in Upper Canada, sitting in open Court, and to the Courts held by them respectively, and as giving them respectively full power to do all Acts authorized to be done by Recorders in the case of persons charged before them respectively.

CAP. XXVIII.

An Act to diminish the Expenses for Witnesses, and to facilitate the enforcing of forfeited recognizances, in Criminal Cases in Lower Canada.

[Assented to 24th July, 1858. ]

W HEREAS it is expedient to restrict the allowance to Preamble.

Witnesses on behalf of the Crown in Criminal Cases

in Lower Canada, to such amount as will indemnify them for their actual disbursements; except only in the case of poor and needy witnesses, and to make certain other provisions for diminishing the expense borne by the Province in Criminal Cases in Lower Canada: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

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