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2. If such property is not then forthcoming, the justices, Value of property whether they award punishment or not, may inquire into and ordered to ascertain the value thereof in money; and, if they think proper, be paid. order payment of such sum of money to the true owner, by the person convicted, either at one time or by instalments, at such periods as the justices deem reasonable.

same.

3. The person ordered to pay such sum may be sued for the Recovery of same as a debt in any court in which debts of the like amount are, by law, recoverable, with costs of suit, according to the practice of such court. 55-56 V., c. 29, s. 824.

See also secs. 1049 and 1050 as to restitution of property and compensation in certain cases.

818. Whenever the justices adjudge any offender to forfeit Proceedings and pay a pecuniary penalty under the authority of this Part, where penalty is and such penalty is not forthwith paid, they may, if they deem not paid. it expedient, appoint some future day for the payment thereof, and order the offender to be detained in safe custody until the day so appointed, unless such offender gives security to the satisfaction of the justices, for his appearance on such day; and the justices may take such security by way of recognizance or otherwise in their discretion.

2. If at any time so appointed such penalty has not been Commitment paid, the same or any other justices may, by warrant under to gaol. their hands and seals, commit the offender to the common gaol or other place of confinement within their jurisdiction, there to remain for any time not exceeding three months, reckoned from the day of such adjudication. 55-56 V., c. 29, s. 825.

819. The justices before whom any person is prosecuted Costs. or tried for any offence cognizable under this Part may, in their discretion, at the request of the prosecutor or of any other person who appears on recognizance or summons to prosecute or give evidence against such person, order payment to the Order for prosecutor and witnesses for the prosecution, of such sums as payment. to them seem reasonable and sufficient, to reimburse such prosecutor and witnesses for the expenses they have severally incurred in attending before them, and in otherwise carrying on such prosecution, and also to compensate them for their trouble and loss of time therein, and to the constables and other peace officers payment for the apprehension and detention of any persons so charged.

When no conviction.

Costs to be

justices.

2. The justices may, although no conviction takes place, order all or any of the payments aforesaid to be made, when they are of opinion that the persons, or any of them, have acted in good faith. 55-56 V., c. 29, s. 826.

820. The amount of expenses of attending before the juscertified by tices and the compensation for trouble and loss of time therein, and the allowances to the constables and other peace officers for the apprehension and detention of the offender, and the allowances to be paid to the prosecutor, witnesses and constables for attending at the trial or examination of the offender, shall be ascertained by and certified under the hands of such justices. 2. The amount of the costs, charges and expenses attending any such prosecution, to be allowed and paid as aforesaid, shall not in any one case exceed the sum of eight dollars. 55-56 V., c. 29, s. 828.

Limit.

Order for payment.

On officer.

Officer must

of order.

821. Every such order of payment to any prosecutor or other person, after the amount thereof has been certified by the proper justices as aforesaid, shall be forthwith made out and delivered by the said justices or one of them, or by the clerk of the peace or other proper officer, as the case may be, to such prosecutor or other person, upon such clerk or officer being paid his lawful fee for the same, and shall be made upon. the officer to whom fines imposed under the authority of this Part are required to be paid over in the district, city, county or union of counties in which the offence was committed, or was supposed to have been committed.

2. Such officer shall upon sight of every such order, forthpay on sight with pay to the person named therein, or to any other person duly authorized to receive the same on his behalf, out of any moneys received by him under this Part, the money in such order mentioned, and he shall be allowed the same in his accounts of such moneys. 55-56 V., c. 29, s. 828.

PART XVIII.

SPEEDY TRIALS OF INDICTABLE OFFENCES.

Application of Part.

822. (As amended 1907). The provisions of this Part do Part only of not apply to the Northwest Territories or the Yukon Territory. Canada. 55-56 V., c. 29, s. 762; 6 & 7 E. VII., c. 45, s. 6.

Interpretation.

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

(a) 'judge' means and includes,

(i) in the province of Ontario, any judge of a county or
district court, junior judge or deputy judge authorized
to act as chairman of the general sessions of the peace,
(ii) in the province of Quebec, in any district wherein
there is a judge of the sessions of the peace, such judge
of sessions, and, in any district wherein there is no
judge of the sessions of the peace but wherein there is
a district magistrate, such district magistrate or any
judge of sessions of the peace, and, in any district
wherein there is no judge of sessions of the peace and
no district magistrate, any judge of the sessions of the
peace, or the sheriff of such district,

(iii) in each of the provinces of Nova Scotia, New Bruns-
wick and Prince Edward Island, any judge of a county
court,

(iv) in the province of Manitoba, the Chief Justice, or a
puisne judge of the Court of King's Bench, or any judge
of a county court,

(v) in the province of British Columbia, the Chief Justice
or a puisne judge of the Supreme Court, or any judge
of a county court,

(vi) in the provinces of Saskatchewan and Alberta, a
judge of the Supreme Court of the province or of any
district court;

'Judge.'

'County attorney.' 'Clerk of the peace.'

(b) 'county attorney' or 'clerk of the peace' includes, in the province of Ontario, the County Crown Attorney, in the provinces of Nova Scotia and Prince Edward Island, any clerk of a county court, and, in the province of Manitoba, any Crown Attorney, the prothonotary of the Court of King's Bench, and any deputy prothonotary thereof, any deputy clerk of the peace, and the deputy clerk of the Crown and pleas for any district in the said province, and, in the provinces of Saskatchewan and Alberta, any local registrar, clerk or deputy clerk of the Supreme Court of the province or any clerk or acting clerk of a district court or any person conducting under proper authority the Crown business of the court. 55-56 V., c. 29, s. 763; 58-59 V., c. 40, s. 1; 63-64 V., c. 46, s. 3; 6 & 7 E. VII., c. 8, and Ibid., c. 45, s. 6.

Speedy trials.]-The Speedy Trials Act, 52 Vict., ch. 47 (D.), from which Part XVIII. is derived, is not a statute conferring jurisdiction, but is an exercise of the power of Parliament to regulate criminal procedure. In re County Courts of British Columbia (1892), 21 Can. S.C.R. 446.

Whether the judge presiding at the trial had jurisdiction to summarily try the defendants under this Part of the Code is a "question of law" under sec. 1014 and may be the subject of a reserved case. R. v. Paquin (1898), 2 Can, Cr. Cas. 134 (Que.).

Under certain conditions, a trial without a jury may be had before a judge of sessions or county judge, and such a trial is technically called a speedy trial. The right to obtain a speedy trial is conferred by Part XVIII. of the Criminal Code, and such right is strictly restricted and limited by its provisions. The offence must be one which is triable before a court of general or quarter sessions of the peace, the accused must be in custody awaiting trial, he must be charged by the judge of sessions with the offence, which must be described to him, he must elect to be forthwith tried before the judge without a jury or to remain in custody or under such bail as may be subsequently granted, to be tried in the ordinary way by the court having criminal jurisdiction over the offence, and in the event of an option for a speedy trial an entry of his consent must be made of record. In the event of the prisoner having elected to be tried by jury, he may at any time before his trial has commenced re-elect and ask for a "speedy trial." Section 828; R. v. Komiensky (No. 2), 7 Can. Cr. Cas. 27 (Que.).

The procedure of Part XVIII. as to "speedy trials" in the provinces applies to all cases which are mentioned in sec. 582 of the Code as being within the jurisdiction of the general sessions of the peace, i.e., indictable offences with the exception of those specified in sec. 583. The exceptions include treason and various offences against the Government, murder, rape, defamatory libel, combinations in restrain of trade, and certain indictments under the Dominion Elections Act.

In any Act in which reference is made to "The Speedy Trials Act" the same shall be construed, unless the context requires otherwise, as if such reference were to Part XVIII. of the Criminal Code, 1906. Interpretation Act, R.S.C. 1906, ch. 1, sec. 29.

Jurisdiction of county judges.]-The jurisdiction of every county court judge shall extend and shall be deemed to have always extended to any additional territory annexed by the provincial legislature to the county or dis

trict for which he was or is appointed, to the same extent as if he were originally appointed for a county or district including such additional territory. The Judges Act, R.S.C. 1906, ch. 138, sec. 30.

It shall be competent to any county court judge to hold any of the courts in any county or district in the province in which he is appointed, or to perform any other duty as a county court judge in any such county or district, upon being required so to do by an order of the Governor-inCouncil made at the request of the Lieutenant-Governor of such province.

(2.) The judge of any county court may, without any such order, perform any judicial duties in any county or district in the province on being requested so to do by the county court judge to whom the duty for any reason belongs.

(3.) The judge so required or requested as aforesaid shall, while acting in pursuance of such requisition or request, be deemed to be a judge of the county court of the county or district in which he is so required or requested to act, and shall have all the powers of such judge. R.S.C. 1906, ch. 138, sec. 31.

Any retired county court judge of a province may hold any court or perform any other duty of a county court judge in any county or district of the province on being authorized so to do by an order of the Governor-inCouncil, made at the request of the Lieutenant-Governor of such province; and such retired judge while acting in pursuance of such order shall be deemed to be a judge of the county or district in which he acts in pursuance of the order, and shall have all the powers of such judge. R.S.C. 1906, ch. 138, sec. 32.

Jurisdiction.

record.

824. (As amended 1907). The judge sitting on any trial Judge a under this Part, for all the purposes thereof and proceedings court of connected therewith or relating thereto, shall be a court of record, and in every province of Canada, except the provinces of Quebec, Saskatchewan and Alberta, such court shall be called the County Court Judge's Criminal Court of the county or union of counties or judicial district in which the same is held. 2. In the province of Saskatchewan such court shall be called the District Court Judge's Criminal Court, and in the province of Alberta, the District Judge's Criminal Court of the district in which the same is held.

3. The record in any such case shall be filed among the Record to be records of the court over which the judge presides, and as part filed. of such records. 55-56 V., c. 29, s. 764; 6 & 7 E. VII., c. 45, s. 6.

In Quebec.]-One of the consequences of a district magistrate in Quebec being a court of record when acting under the speedy trials sections is that his judgment cannot be enquired into on habeas corpus. Ex p. O'Kane, Ramsay's Cases (Que.) 188.

In Ontario.]—The Habeas Corpus Act, 29-30 Vict., 1866 (Prov. of Can.), ch. 45, now R.S.O. 1897, ch. 83, precludes the right to a writ of habeas corpus where the judgment conviction or decree is that of a "court of record."

42-CRIM. CODE.

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