How counter

feit coin, &c., tools shall be disposed of in such case.

and coinage

Place of examination not an open court. [11-12 V., c. 42. 19.]

No objection allowed for

in substance

either in the day or in the night, and if any such false or counterfeit coin, or any such instrument, tool or engine, or any such machine, or any such filings, clippings or bullion, or any such gold or silver, in dust, solution or otherwise, as aforesaid, is found in any place so searched, to cause the same to be seized and carried forthwith before a justice:

3. Whenever any such false or counterfeit coin, or any such instrument, tool or engine, or any such machine, or any such filings, clippings or bullion, or any such gold or silver, in dust, solution or otherwise, as aforesaid, is in any case seized and carried before a justice, he shall, if necessary, cause the same to be secured, for the purpose of being produced in evidence against any person prosecuted for an offence against such Act; and all such false and counterfeit coin, and all instruments, tools and engines adapted and intended for the making or counterfeiting of coin, and all such machines, and all such filings, clippings and bullion, and all such gold and silver, in dust, solution or otherwise, as aforesaid, after they have been produced in evidence, or when they have been seized and are not required to be produced in evidence, shall forthwith be defaced, by the order of the court, or otherwise disposed of as the court directs. 32-33 V., c. 18, s. 27.

PROCEEDINGS ON APPEARANCE.

57. The room or building in which the justice takes the examination and statement shall not be deemed an open court; and the justice, in his discretion, may order that no person shall have access to or be or remain in such room or building without his consent or permission, if it appears to him that the ends of justice will be best answered by so doing. 32-33 V., c. 30, s. 35.

58. No objection shall be taken or allowed to any inform alleged defect ation, complaint, summons or warrant, for any defect therein in substance or in form, or for any variance between it and the evidence adduced on the part of the prosecution, before the justice who takes the examination of the witnesses in that behalf. 32-33 V., c. 30, ss. 11 and 21.

or form.

[11-12 V., c. 42, s. 8, 9 and 10.]

If variance is important case may be adjourned.

[11-12 V., c. 42, s. 9 and 10.}

Power to justices to sum

mon witnesses

59. If it appears to the justice that the person charged has been deceived or misled by any such variance in any summons or warrant, such justice, at the request of the person charged, may adjourn the hearing of the case to some future day, and in the meantime may remand such person, or admit him to bail, as hereinafter mentioned. 32-33 V., c. 30, s. 22,

60. If it is made to appear to any justice, by the oath or affirmation of any credible person, that any person within to attend, and Canada is likely to give material evidence for the prosecution, and will not voluntarily appear for the purpose of being exa

give evidence.

42, M.

16.]

mined as a witness at the time and place appointed for the 11-12 V., c. examination of the witnesses against the accused, such justice shall issue his summons (L) to such person, requiring him to be and appear before him at a time and place therein mentioned, or before such other justice for the same territorial division as shall then be there, to testify what he knows concerning the charge made against the accused person. 32-33 V., c. 30, s. 25.

warrant may

C.

61. If any person so summoned neglects or refuses to If summons is appear at the time and place appointed by the summons, and not obeyed, nojust excuse is offered for such neglect or refusal (after proof be issued to compel upon oath or affirmation of the summons having been served attendance. upon such person, personally or by being left with some person [11-12 V., for him at his last or usual place of abode), the justice before 42, s. 16.] whom such person should have appeared may issue a warrant (L 2), to bring such person, at a time and place therein mentioned, before the justice who issued the summons, or before such other justice for the same territorial division as shall then be there, to testify as aforesaid, and, if necessary, the said warrant may be backed as hereinbefore mentioned, so that it may be executed out of the jurisdiction of the justice who issued the same. 32-33 V., c. 30, s. 26.

cases warrant

may issue in

62. If the justice is satisfied, by evidence upon oath or In certain affirmation, that it is probable the person will not attend to give evidence unless compelled so to do, then, instead of first instance, issuing such summons, the justice may issue his warrant (L3) 12 M in the first instance, and the warrant, if necessary, may be backed as aforesaid.

32-33 V., c. 30, s 27.

(11-12 V., c.

appearing on summons and

examined

42, s. 16.]

63. If, on the appearance of the person so summoned, Persons either in obedience to the summons or by virtue of the warrant, he refuses to be examined upon oath or affirmation concerning refusing to be the premises, or refuses to take such oath or affirmation, or may be com having taken such oath or affirmation refuses to answer the mitted. questions then put to him concerning the premises, without [11-12 V., c. giving any just excuse for such refusal, any justice then present and there having jurisdiction may, by warrant (L 4) commit the person so refusing to the common gaol or other place of confinement, for the territorial division where the person so refusing then is, there to remain and be imprisoned for any term not exceeding ten days, unless he, in the meantime, consents to be examined and to answer concerning the premises. 32-33 V., c. 30, s. 2-.

remanded

64. If, from the absence of witnesses or from any other Person acreasonable cause, it becomes necessary or advisable to defer cused may be the examination or further examination of the witnesses for from time to any time, the justice before whom the accused appears or has time by warbeen brought may, by his warrant (M), from time to time, [11-12 V., c. remand the person accused to the common gaol in the terri- 42, s. 21.]

rant.

Or for three

verbal order.

[11-12 V., c. 42, s. 21.]

torial division for which such justice is then acting, for such time as he deems reasonable, not exceeding eight clear days at any one time. 32-33 V., c. 30, s. 41.

65. If the remand is for a time not exceeding three clear days only by days, the justice may verbally order the constable or other person in whose custody the accused person then is, or any other constable or person named by the justice in that behalf, to keep the accused person in his custody, and to bring him before the same or such other justice as shall be there acting, at the time appointed for continuing the examination. 32-33 V., c. 30, s, 42.

Person ac

cused may be brought upon

66. Any such justice may order the accused person to be brought before him, or before any other justice for the same an earlier day. territorial division, at any time before the expiration of the [11-12 V., c. time for which such person has been remanded, and the gaoler 42, s. 21.] or officer in whose custody he then is shall duly obey such order. 32-33 V., c. 30, s. 43.

Admission to bail on recognizance. [11-12 V., C. 42, s. 21.]

Proceedings if accused does not

appear ac

recognizance.

[11-12 V., c. 42, s. 21.]

67. Instead of detaining the accused person in custody during the period for which he has been so remanded, any one justice, before whom such person has appeared or been brought, may discharge him, upon his entering into a recognizance (M 2, 3), with or without sureties, in the discretion of the justice, conditioned for his appearance at the time and place appointed for the continuance of the examination. 32-33 V., c. 30, s. 44.

68. If the accused person does not afterwards appear at the time and place mentioned in the recognizance, the said justice, or any other justice who is then and there present, having cercording to his tified (M4) upon the back of the recognizance the non-appearance of such accused person, may transmit the recognizance to the clerk of the court where the accused person is to be tried, or other proper officer appointed by law, to be proceeded upon in like manner as other recognizances; and such certificate shall be prima facie evidence of the non-appearance of the accused person. 32-33 V., c. 30, s. 45.

Examination

of witnesses

presence of the accused,

&c.

[11-12 V., c.

42. s.

17.]

69. Whenever any person appears or is brought before any to be in the justice charged with any indictable offence,-whether committed in Canada, or upon the high seas, or on land beyond the sea, and whether such person appears voluntarily upon summons or has been apprehended, with or without warrant, or is in custody for the same or any other offence,-such justice, before he commits such accused person to prison for trial or before he admits him to bail, shall, in the presence of the accused person (who shall be at liberty to put questions to any witness produced against him), take the statements (N) on oath or affirmation of those who know the facts and circumstances of the case, and shall reduce the same to writing; and such

depositions shall be read over to and signed respectively by the witnesses so examined, and shall be signed also by the justice taking the same; and the justice shall, before any witness is Witnesses to examined, administer to such witness the usual oath or affirmation. 32-33 V., c. 30, ss. 29 and 30, part.

be sworn.

tice to read

statement he

42, s. 18.]

C.

70. After the examinations of all the witnesses for the After examiprosecution have been completed, the justice or one of the nation, jus justices, by or before whom the examinations have been com- depositions pleted, shall, without requiring the attendance of the witnesses, the accused, taken against read or cause to be read to the accused, the depositions taken and caution against him, and shall say to him these words, or words to the him as to any like effect: "6 Having heard the evidence, do you wish to say may make. anything in answer to the charge? You are not obliged to 11-12 V., say anything unless you desire to do so, but whatever you 66 say will be taken down in writing, and may be given in "evidence against you at your trial;" and whatever the prisoner then says in answer thereto shall be taken down in writing (O) and read over to him, and shall be signed by the justice, and kept with the depositions of the witnesses, and shall be transmitted with them, as hereinafter mentioned. 32-33 V., c. 30, s. 31.

the accused

71. The justice shall, before the accused makes any state- Explanations ment, state to him and give him clearly to understand that to be made to he has nothing to hope from any promise of favour, and nothing person. to fear from any threat which may have been held out to him [11-12 V., c. 42, s. 18.] to induce him to make any admission or confession of his guilt, but that whatever he then says may be given in evidence against him upon his trial, notwithstanding such promise or threat. 32-33 V., c. 30, s. 32.

in evidence

72. Nothing herein contained shall prevent any prosecutor Not to prefrom giving in evidence any admission or confession, or other vent giving statement, made at any time by the person accused or charged, confession, which by law would be admissible as evidence against him. &c. 32-33 V., c. 30, s. 33.

[11-12 V., c. 42, s. 18.]

insufficient.

73. When all the evidence offered upon the part of the Discharge if prosecution against the accused has been heard, if the justice evidence is is of opinion that it is not sufficient to put the accused upon (11-12 V., c. his trial for any indictable offence, such justice shall forthwith 42, s. 25.] order the accused, if in custody, to be discharged as to the information then under inquiry; but if in the opinion of such Admission to justice the evidence is sufficient to put the accused upon his bail. trial for an indictable offence, although it may not raise such a strong presumption of guilt as would induce him to commit. the accused for trial without bail, or if the offence with which the person is accused is a misdemeanour, then the justice shall admit the accused to bail, as hereinafter provided; but if the Committal in offence is a felony, and the evidence given is such as to raise a

certain cases.

As to bail after committal for trial.

Person accused entitled

to a copy of depositions.

11-12

42, s. 27.]

Justice may bind over the

prosecutors and wit

nesses.

[11-12 V., c. 42, s. 20.]

Recogni zances to be subscribed by justice, &c.

[11-12 V., c. 42, s. 20.]

Recognizances, &c.,

to be trans

strong presumption of guilt, then the justice shall, by his warrant (P), commit the accused to the common gaol for the territorial division to which, by law, he may be committed,or in the case of an indictable offence committed on the high seas or on land beyond the sea, to the common gaol of the territorial division within which such justice has jurisdiction, to be there safely kept until delivered in due course of law: Provided, that in cases of misdemeanour the justice who has committed the accused for trial may, at any time before the first day of the sitting of the court at which the accused is to be tried, admit him to bail in manner aforesaid, or may certify on the back of the warrant of committal the amount of bail to be required, in which case any justice for the same territorial division may admit such person to bail in such amount, at any time before such first day of the sitting of the court aforesaid. 32-33 V., c. 30, s. 56.

74. At any time after all the examinations have been completed, and before the first sitting of the court at which any person so committed to prison or admitted to bail is to be tried, such person may require and shall be entitled to have from the officer or person having the custody of the same, copies of the depositions on which he has been committed or bailed, on payment of a reasonable sum for the same, not exceeding the rate of five cents for each folio of one hundred words. 32-33 V., c. 30, s. 58.

RECOGNIZANCES TO PROSECUTE OR GIVE EVIDENCE.

75. Any justice before whom any witness is examined, may bind, by recognizance (Q), the prosecutor and every such witness (except married women and infants, who shall find security for their appearance, if the justice sees fit) to appear at the next court of competent criminal jurisdiction at which the accused, is to be tried, then and there to prosecute, or prosecute and give evidence, or to give evidence, as the case may be, against the person accused,-which recognizance shall particularly specify the place of residence and the addition or occupation of each person entering into the same. 32-33 V.. c. 30, s. 36.

76. The recognizance, being duly acknowledged by the person entering into the same, shall be subscribed by the justice before whom the same is acknowledged, and a notice (Q2) thereof, signed by the said justice, shall, at the same time, be given to the person bound thereby. 32-33 V., c. 30, s. 37.

77. The several recognizances so taken, together with the written information, if any, the depositions, the statement of mitted to the the accused, and the recognizance of bail, if any, shall be deliv ered by the justice, or he shall cause the same to be delivered

court in

which the