with any such offence on the complaint of any such sea-faring person whose testimony is essential to the proof of the offence, and such jurisdiction shall not depend on the consent of any such party to be tried by the Magistrate, nor shall such party be asked whether he consents to be so tried. Sentence on 17. In any case summarily tried under the third, fourth, fifth, parties conor sixth sub-section of the second section of this Act, if the victed of certain offences. Magistrate finds the charge proved, he may convict the person charged and committ him to the Common Gaol or other place of confinement, 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 the costs in the case, one hundred dollars, or to both fine and imprisonment, not Levying any exceeding the said period and sum; and such fine may be levied fine imposed. by warrant of distress under the hand and seal of the Magistrate, or the party convicted may be condemned (in addition to any other imprisonment on the same conviction) to be committed to the Common Gaol or other place of confinement, for a further period not exceeding six months, unless such fine be sooner paid. Forms in cases 18. Whenever the nature of the case requires it, the forms under this Act. 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 Magistrate, 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 subjected if the fine be not sooner paid. Persons J. P's may be 19. Where any person is charged before any Justice or Justices brought before of the Peace, with any offence mentioned in this Act, and in the remanded for opinion of such Justice or Justices, the case is proper to be disposed trial under this of by a competent Magistrate, as herein provided, the Justice or Act. But not into Justices before whom such person is so charged may, if he or they see fit, remand such person for further examination before the nearest competent Magistrate, in like manner in all respects as a Justice or Justices are authorized to remand a party accused for trial at any Court, under any general Act respecting the duties of Justices of the Peace out of Sessions, in like cases. 20. No Justice or Justices of the Peace in any Province, any other Pro- shall so remand any person for further examination or trial before any such Magistrate in any other Province. vinee, Before whom to be tried. Party not 21. Any person so remanded for further examination before a competent Magistrate in any City, may be examined and dealt with by any other competent Magistrate in the same City. 22. If any person suffered to go at large upon entering into appearing ac- such recognizance as the Justice or Justices are authorized under recognizance, any such Act as last mentioned to take, on the remand of a party accused, conditioned for his appearance before a competent Magis cording to his trate trate under the preceding sections of this Act, does not afterwards appear pursuant to such recognizance, then the Magistrate before whom he ought to have appeared shall certify (under his hand on the back of the recognizance,) to the Clerk of the Peace of the District, County or place (as the case may be) the fact of such non-appearance, and such recognizance shall be proceeded upon in like manner as other recognizances, and such certificate shall be deemed sufficient prima facie evidence of such non-appearance. to Q. S., &c. 23. The Magistrate adjudicating under this Act shall transmit Convictions to the conviction, or a duplicate of a certificate of dismissal, with the be transmitted written charge, the depositions of witnesses for the prosecution and for the defence, and the statement of the accused, to the next Court of General or Quarter Sessions of the Peace, or to the Court discharging the functions of a Court of General or Quarter Sessions of the Peace, for the District, County or Place, there to be kept by the proper Officer among the Records of the Court. missal. 24. A copy of such conviction, or of such certificate of dis- Proof of conmissal, certified by the proper Officer of the Court, or proved to be viction or disa true copy, shall be sufficient evidence to prove a conviction or dismissal for the offence mentioned therein, in any legal proceedings whatever. 25. The Magistrate, by whom any person has been convicted Restitution of under this Act, may order restitution of the property stolen, or property. taken or obtained by false pretences, in those cases in which the Court before whom the person convicted, would have been tried but for this Act, might by law order restitution. open. 26. Every Court, held by a competent Magistrate for the Magistrate's purposes of this Act, shall be an open public Court, and a written Court to be or printed notice of the day and hour for holding such Court, shall be posted or affixed by the Clerk of the Court upon the outside of some conspicuous part of the building or place where the same is held. apply to cases 27. The provisions of the Act respecting the duties of Justices Certain proof the Peace out of Sessions, in relation to summary convictions visions not to and orders, and the provisions of the Act respecting the duties under this of Justices of the Peace out of Sessions in relation to persons charged with indictable offences, shall not be construed as applying to any proceedings under this Act except as mentioned in section nineteen. Act. 28. Every conviction by a competent Magistrate under this Edeot of conAct shall have the same effect as a conviction upon indictment for viction. the same offence would have had, save that no conviction under this Act shall be attended with forfeiture beyond the penalty (if any) imposed in the case. And of dismissal. Ne conviction to be quashed for want of form, &c. Act not to affect that for trial of Juve nile offenders How fines under this Act shall be applied. Interpretation of certain words. Con. Stat. Can. 29. Every person who obtains a certificate of dismissal or is convicted under this Act, shall be released from all further or other criminal proceedings for the same cause. 30. No conviction, sentence or proceeding under this Act shall be quashed for want of form; and no warrant of commitment upon a conviction shall be held void by reason of any defect therein, if it be therein alleged that the offender has been convicted, and there be a good and valid conviction to sustain the same. 31. Nothing in this Act shall affect the provisions of the Act respecting the Trial and Punishment of Juvenile Offenders ; and this Act shall not extend to persons punishable under that Act, so far as regards offences for which such persons may be punished thereunder. 32. Every fine imposed under the authority of this Act shall be paid to the Magistrate, who has imposed the same, or to the Clerk of the Court or Clerk of the Peace, as the case may be, and shall be by him paid over to the County Treasurer for county purposes if it has been imposed in the Province of Ontario,and if it has been imposed in any new district in the Province of Quebec, constituted by any Act of the Legislature of the late Province of Canada passed in or after the year one thousand eight hundred and fifty-seven, 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 the said Province, then to the Prothonotary of such District, to be by him applied under the direction of the Lieutenant 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; And in the Province of Nova Scotia to the County Treasurer for County purposes, and in the Province of New Brunswick to the County Treasurer for County purposes. 33. In the interpretation of this Act the word "property" shall be construed to include everything included under the same word or the expression "valuable security," as used in the Act respecting Larceny and other similar offences; and in the case of any valuable security," the value thereof shall be reckoned in the manner prescribed in the said Act. 34. The Act cited in the first section of this Act chapter one hundred and five of the Consolidated Statutes of Canada is hereby repealed, except as to cases pending under it at the time of the coming into force of this Act and as to all sentences pronounced and punishments awarded under it, as regards all which this Act shall be construed as a re-enactment of the said Act, with amendments, and not as a new law. 35. 35. This Act shall commence and take effect on the first day Commenceof January, in the year of our Lord, one thousand eight hundred ment of this and seventy. Act. of the , as the case may be of, to wit: Be it remembered that on the year of our Lord in the being charged before me the undersigned Given under my hand and seal, the day and year first above mentioned, at aforesaid. [L. S.] aforesaid, A.B., being charged before me (and consenting to my day of A. B., of being charged before me the undersigned the space of Given under my hand and seal, the day and year first above mentioned, at aforesaid. CAP. XXXIII. [L S.] Preamble. Interpretation of certain expressions.] Persons not teen years of age may be summarily convicted of An Act respecting the trial and punishment of Juvenile Offenders. [Assented to 22nd June, 1869.] [ER Majesty by and with the advice and consent of the 1. In this Act the expression "any two or more Justices," shall as respects the Province of Quebec, include any two or more Justices of the Peace, the Sheriff of any District except Montreal and Quebec, the Deputy Sheriff of Gaspé, and any Recorder, Judge of the Sessions of the Peace, Police Magistrate, District Magistrate or Stipendiary Magistrate acting within the limits of their respective jurisdictions;-and as respects the Province of Ontario, any Judge of the County Court being a Justice of the Peace, Police Magistrate or Stipendiary Magistrate, or any two Justices of the Peace, acting within their respective jurisdictions;-and as respects the Province of Nova Scotia or the Province of New Brunswick, the said expression shall mean and include any functionary or tribunal invested or to be invested by the proper legislative authority with power to do acts usually required to be done by two or more Justices of the Peace ;-and the expression "the Justices" shall have the same meaning as the expression "two or more Justices of the Peace" as above defined; and the expression "the Common Gaol or other place of confinement" shall include any Reformatory Prison provided for the reception of juvenile offenders in the Province in which the conviction referred to takes place, and to which by the law of that Province the offender can be sent. 2. Every person charged with having committed or having atmore than six- tempted to commit, or with having been an aider, abettor, counsellor or procurer in the commission of any offence which is simple larceny, or punishable as simple larceny, and whose age at the period of the commission or attempted commission of such offence does not, in the opinion of the Justice before whom he is brought or appears as mentioned in section seven, exceed the age of sixteen years, shall upon conviction thereof, in open Court, certain offences before two Justices. upon |