to answer or Quarter Sessions of the Peace] to be holden in and for the District [or County, United Counties, or as the case may be] of Our Sovereign Lady the Queen, for that [&c., as in the commitment], for which he was taken and committed to your said Common Gaol: These are therefore to command you, in Her said Majesty's name, that if the said A. B do remain 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 in the year of Our Lord at day of in the District [or , and to the To all or any of the Constables, or other Peace Officers in the District [or County, United Counties, or as the case may be] of Keeper of the Common Gaol of the District [or County, United Counties, or as the case may be] at in the said District [or County, &c.,] Whereas A. B. was this day charged before [me] J. S. [one] of Her Majesty's Justices of the Peace, in and for the said District [or County, United Counties, or as the case may be] of on the oath of C. D., of [farmer,] and others, for that, [&c., stating shortly the offence]; These are therefore to command you the said Constables or Peace Officers, or any of you, to take the said A. B. and him safely convey to the Common Gaol at aforesaid, and there deliver him to the Keeper thereof, together with this Precept; And I do hereby command you the said Keeper of the said Common Gaol to receive the said A. B. into your custody in the said Common Gaol, and there safely to keep him until he shall be thence delivered by due course of law. (T 2) See s. 57. GAOLERS' RECEIPT TO THE CONSTABLE FOR THE PRISONER. I hereby certify that I have received from W.T., Constable, of the District [or County, &c.,] of the body of A. B., together with a Warrant under the Hand and Seal of J. S., Esquire, one of Her Majesty's Justices of the Peace for the said District [or County, United Counties, or as the case may be,] of and that the said A. B. was [sober, or as the case may be,] at the time he was delivered into my custody. P. K. Keeper of the Common Gaol of the said District [or County, &c.] (10) COMPLAINT OF BAIL FOR A PERSON CHARGED WITH AN INDICTABLE OFFENCE IN ORDER THAT HE MIGHT BE COMMITTED IN DISCHARGE OF THEIR RECOGNI ZANCES. (Not in Statute. day of Oke's For. p. 514, No. 70.) Proceed as in form No. 9, ante to the asterisk* altering it to two complaints if there be more than one surety, then thus: that they the said C. D., and E. F., were on the now last past, severally and respectively Esquire, one of Her Majesty's Justices in the sum of each, upon bound by recognizance before J. P., of the Peace for the said (county) of condition that one A. B., of &c., should appear at the next term of the Court of Queen's Bench (Crown Side), for the District of (or Court of Oyer and Terminer and General Gaol Delivery, or Court of General Quarter Sessions of the Peace), to be holden in and for the (County) of and there surrender himself into the custody of the Keeper of the (Common Gaol) there, and plead to such indictment as might be found against him by the grand jury for or in respect to the charge of (stating the charge shortly), and take his trial upon the same and not depart the said Court without leave; and that these complainants have reason to suspect and believe and do verily suspect and believe, that the said A. B. is about to depart from this part of the country; and therefore they pray of me the said Justice that I would issue my warrant of apprehension of the said A. B., in order that he may be surrendered to prison in discharge of them his said bail. Before me, J. P. C. D. (11) WARRANT TO APPREHEND THE PERSON CHARGED. (Not in Statute. Oke's For. p. 514, No. 71. Venue should be as in T, 1.) To all or any of the Constables and other Peace Officers in the said District (or County, United Counties, or as the case may be) of and E. F., severally and respectively. to wit: and to C. D. Whereas you the said C. D. and E. F., have this day made complaint to me the undersigned, one of Her Majesty's Justices that you the said C. D. of the Peace in and for the said (County) of and E. F., were, &c., (as in the complaint, No. (10), supra to the end) : These are therefore to authorize you the said C. D. and E. F., and also to command you the said (Constable or other Peace Officer), in Her Majesty's name forthwith to apprehend the said A. B., and to bring him before me or some Justice or Justices of the Peace in and for the said (County), to the intent that he may be committed to the (Common Gaol) in and for the said (County), until the next Court of Oyer and Terminer and General Gaol Delivery (or Court of General Quarter Sessions of the Peace, to be holden in and for the said (County) of or &c., as the case may be), unless he find new and sufficient sureties to become bound for him in such recognizance as aforesaid. Given under my Hand and Seal, this of our Lord و at day of in the year in the (County) aforesaid. J. S. [L.S.] (12) COMMITMENT OF THE PERSON CHARGED ON SURRENDER OF HIS BAIL AFTER APPREHENSION UNDER A WARRANT. (Not in Statute. Oke's For. p. 515, No. 72.) To all or any of the Constables, or other Peace Officers in the District (or County, United Counties, or as the case may be) of and to the Keeper of the Common Gaol of the District (or County, United Counties, or as the case may be) at in the said District (or County, &c.,) by Majesty's Justices of the Peace, in and for the said (County) of C. D. and E. F., of &c., that (as in the complaint No. (10), supra to the end), I (or the said Justice) thereupon issued my warrant authorizing the said C. D. and E. F., and also commanding the said Constables of Peace Officers in the said (County) of and all other in Her Majesty's name forthwith to apprehend the said A. B., and to bring him (follow to end of warrant, preceding form, supra); and whereas the said A. B., hath been apprehended under and by virtue of the said Warrant, and being now brought before me the said Justice (or me the undersigned, one &c.,) and surrendered by the said C.D. and E. F., his said Sureties, in discharge of their said Recognizances, I have required the said A. B., to find new and sufficient sureties to become bound for him in such Recognizance as aforesaid, but the said A. B. hath now refused so to do; These are therefore to command you the said Constables (or other Peace Officers) in Her Majesty's name, forthwith to take and safely to convey the said A. B., to the said (Common Gaol) at in the said (County) and there deliver him to the Keeper thereof, together with this precept; and I hereby command you the said Keeper to receive the said A. B. into your custody in the said (Common Gaol), and him there safely to keep until the next Court of Oyer and Terminer and General Gaol Delivery (or Court of General Quarter Sessions of the Peace), to be holden in and for the said (County) of unless in the mean time the said A. B. shall find new and sufficient Sureties to become bound for him in such recognizance as aforesaid. Given, &c., (as in the preceding form, supra.) 32 & 33 VIC. CHAP. XXXI. An Act respecting the duties of Justices of the Peace, out of Sessions, in relation to summary convictions and orders. [Assented to 22nd June, 1869.] WHEREAS it is expedient to assimilate, amend and consolidate the statute law of the several Provinces of Quebec, Ontario, Nova Scotia and New Brunswick, respecting the duties of Justices of the Peace out of Sessions in relation to summary convictions and orders, and to extend the same as so amended to all Canada: Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. In all cases where an information is laid before one or more of Her Majesty's Justices of the Peace for any Territorial Division of Canada, that any person, being within the jurisdiction of such Justice or Justices, has committed or is suspected to have committed any offence or act over which the Parliament of Canada has jurisdiction, and for which he is liable by law, upon a Summary Conviction for the same before a Justice or Justices of the Peace, to be imprisoned or fined, or otherwise punished, and also in all cases where a complaint is made to any such Justice or Justices in relation to any matter over which the Parliament of Canada has jurisdiction, and upon which he or they have authority by law to make any order for the payment of money or otherwise, such Justice or Justices of the Peace may issue his or their Summons [A], directed to such person, stating shortly the matter of the information or complaint, and requiring him to appear at a certain time and place, before the same Justice or Justices, or before such other Justice or Justices of the same Territorial Division as may then be there, to answer to the said information or complaint, and to be further dealt with according to law. This Act did not come into effect in Manitoba until the 1st day of July, 1871. On and after that day it was in force there, subject to the amendments made in the 32 & 33 Vic., chap. 36, and to those of the 33 Vic., chap. 27. See 34 Vic., chap. 13, Sched. A. The Act was extended to Prince Edward Island by the 40 Vic., chap. 4, and to the District of Keewatin, by the 39 Vic. chap. 21, except so much of the Act or of any Act amending it as gives any appeal from any conviction or order adjudged or made under it; |