Fees.

Fees.

770. The fees mentioned in the following tariff and no others shall be and constitute the fees to be taken on proceedings before justices under this Part:

0 10 0 10

Fees to be taken by Justices of the Peace or their Clerks.
1. Information or complaint and warrant or summons. $0 50
2. Warrant where summons issued in first instance..
3. Each necessary copy of summons or warrant.. ..
4. Each summons or warrant to or for a witness or
witnesses. (Only one summons on each side to
be charged for in each case, which may contain
any number of names. If the justice of the case
requires it, additional summonses shall be issued
without charge) ..

0 10

5. Information for warrant for witness and warrant.
6. Each necessary copy of summons or warrant for

0 50

1 00

9. If case lasts over two hours. . .

10. Where one justice alone cannot lawfully hear and

determine the case the same fee for hearing
and determining to be allowed to the associate
justice.

11. For each warrant of distress or commitment..
12. For making up record of conviction or order where
the same is ordered to be returned to sessions or

0 25

on certiorari...

1.00

But in all cases which admit of a summary pro-
ceeding before a single justice and wherein
no higher penalty than $20 can be imposed,
there shall be charged for the record of con-
viction not more than...

0 50

13. For copy of any other paper connected with any
case, and the minutes of the same if demanded,
per folio of 100 words..

0 05

14. For every bill of costs when demanded to be made
out in detail...

0 10

(Items 13 and 14 to be chargeable only when
there has been an adjudication.)

3. Mileage to serve summons or warrant, per mile

.$ 150

.0 25

(one way) necessarily travelled..

0 10

4. Same mileage when service cannot be affected, but only upon proof of due diligence.

5. Mileage taking prisoner to gaol, exclusive of disbursements necessarily expended in his convey

ance...

6. Attending justices on trial, for each day necessarily employed in one or more cases, when engaged less than four hours..

0 10

1 00

7. Attending justices on trial, for each day necessarily employed in one or more cases, when engaged more than four hours..

150

0 10

8. Mileage travelled to attend trial (when public conveyance can be taken, only reasonable disbursements to be allowed) one way per mile.. .. 9. Serving warrant of distress and returning same.. 1 00 10. Advertising under warrant of distress.. 11. Travelling to make distress or to search for goods to make distress, when no goods are found (one way) per mile..

12. Appraisements, whether by one appraiser or moretwo cents in the dollar on the value of the goods. 13. Commission on sale and delivery of goods-five cents in the dollar on the net proceeds.

Witnesses' Fees.

1. Each day attending trial..

1 00

0 10

$0.75

2. Mileage travelled to attend trial (one way) per mile. 0 10 55-56 V., c. 29, s. 871; 57-58 V., c. 57, s. 1.

Excessive costs.]-A justice's order dismissing an information under "The Summary Convictions Act," ordered the informant to pay as costs a sum which included items for "rent of hall," "counsel fee," "compensation for wages," and "railway fare." Held, that none of these items could legally be charged as costs. R. v. Laird (1889), 1 Terr, L.R. 179. In that case the court held that it had no power to amend the order by deducting the illegal items; though it could amend by striking out in toto all that part of the order relating to costs. R. v. Laird (1889), 1 Terr. L.R. 179; secs. 886 and 889 seem not to apply to "orders of dismissal," but to be limited to orders or convictions against the accused.

The allowance by the magistrate on a summary conviction, of excessive costs in respect of mileage to the constable for serving subpoenas upon witnesses, is not a ground for quashing the conviction. Ex parte Rayworth (1896), 2 Can. Cr. Cas. 230 (N.B.).

If the magistrate charges excessive costs, although he does so innocently, he is liable in a civil action to be made to refund the excess. Ex parte Howard (1893), 32 N.B.R. 237.

This tariff applies only to proceedings under Part XV. of the Code. Tuttle v. McDonald, 36 Can. Law Jour. 642.

PART XVI.

SUMMARY TRIAL OF INDICTABLE OFFENCES.

Interpretation.

771. (As amended 1907). In this Part, unless the context Definitions. otherwise requires,

(a) 'magistrate' means and includes,

(i) in the provinces of Ontario, Quebec and Manitoba,
any recorder, judge of a county court if a justice of the
peace, commissioner of police, judge of the sessions of
the peace, and police magistrate, district magistrate, or
other functionary or tribunal, invested by the proper
legislative authority with power to do alone such acts
as are usually required to be done by two or more jus-
tices, and acting within the local limits of his or of its
jurisdiction,

(ii) in the provinces of Nova Scotia and New Brunswick,
any recorder, judge of a county court, stipendiary magis-
trate or police magistrate, acting within the local limits
of his jurisdiction, and any commissioner of police and
any functionary, tribunal or person invested by the
proper legislative authority with power to do alone such
acts as are usually required to be done by two or more
justices of the peace,

(iii) in the provinces of British Columbia and Prince
Edward Island, any two justices sitting together, and
any functionary or tribunal having the powers of two
justices,

(iv) in the provinces of Saskatchewan and Alberta, a
judge of any district court or any two justices, or any
police magistrate or other functionary or tribunal hav-
ing the powers of two justices, and acting within the
local limits of his or its jurisdiction,

(v) in the Northwest Territories, any stipendiary magis-
trate, any two justices sitting together and any func-
tionary or tribunal having the powers of two justices,

'Magistrate.'

"The common gaol or other place

of confinement.'

'Property.'

Valuable

security, how reckoned.

(vi) in the Yukon Territory, any judge of the Territorial
Court, any two justices sitting together and any func-
tionary or tribunal having the powers of two justices,
(vii) in all the provinces, where the defendant is charged
with any of the offences mentioned in paragraphs (a)
and (f) of section seven hundred and seventy-three,
any two justices sitting together;

(b) 'the common gaol or other place of confinement,' in the
case of any offender whose age at the time of his convic-
tion does not, in the opinion of the magistrate, exceed
sixteen years, includes 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 may be sent;
and,

(c) 'property' includes everything within the meaning of 'valuable security,' as defined by this Act.

2. In any case where the value of any valuable security is necessary to be determined it shall be reckoned in the manner prescribed by section four. 55-56 V., c. 29, s. 782; 58-59 V., c. 40, s. 1; 6 & 7 E. VII., c. 45, s. 6.

Summary Trials Act.]-Unless the context otherwise requires, a reference in any Act to the Summary Trials Act shall be construed as a reference to Part XVI. of the Criminal Code. Interpretation Act, sec. 29.

The powers of the magistrate under the Summary Trials clauses, Part XVI. of the Code, are in several respects less extensive than those of the county judge under the Speedy Trials clauses, Part XVIII. In Part XVI. there are no clauses corresponding with secs. 834, 835 and 839, of which sec. 834 enables the prosecuting officer, with the consent of the judge, to prefer against the prisoner charges for any offence for which he may be tried under the provisions of Part XVIII. other than those for which he has been committed for trial, even though they do not appear on the depositions upon which he was committed. R. v. Walsh, 8 Can. Cr. Cas. 101, 105; 7 O.L.R. 149.

Constitutional law.]-Though the organization of courts of criminal jurisdiction is within the designated powers of the provincial legislatures, the Parliament of Canada may impose upon existing courts or judicial officers the duty of administering the criminal law, and its action to that end need not be supplemented by provincial legislation. Re Vancini (No. 2), 8 Can. Cr. Cas. 228.

The appointment of police magistrates in the several provinces of Canada comes within the jurisdiction of the provincial legislatures. Section 1 of the Ontario Act respecting police magistrates, R.S.O. 1897, ch. 87, declares as to that province that every police magistrate shall be appointed by the Lieutenant-Governor and shall hold office during pleasure; and by sec. 18 of the same Act, where the Lieutenant-Governor-in-Council is of opinion that the due administration of justice requires the temporary appointment of a police magistrate for a county or district, the LieutenantGovernor-in-Council may appoint a police magistrate accordingly. Every police magistrate in Ontario is, ex officio, a justice of the peace for the