2ND EDIT. REVISED STATUTES 1906 REMARKS way track, is not liable to be tried elsewhere than in the local jurisdiction wherein the offence was committed. (98) Sec. 567. Sec. 664. Procedure in other cases of arrest on a warrant. Unchanged. Sec. 557. Sec. 665. Before whom preliminary enquiry held when offence committed out of justices' jurisdiction. The preliminary inquiry may be held either by one justice or by more justices than one, Sec. 2. If the accused person is brought be fore any justice charged with an offence committed out of the limits of the jurisdiction of such justice, such justice may, after hearing both sides, order the accused at any stage of the inquiry to be taken by a constable before some justice having jurisdiction in the place where the offence was committed. 3. The justice so ordering shall give a warrant, for that purpose to a constable which may be in form 9, or to the like effect, and shall deliver to such constable the information, depositions and recognizances, if any, taken under the provisions of this Act, to be delivered to the justice before whom the accused person is to be taken and such depositions and recognizances shall be treated to all intents as if they had been taken by the last-mentioned justice. (99) Sec. 666. Procedure before justice having jurisdiction where offence committed. Upon the constable delivering to the justice the warrant, information, if any, depositions and recognizances, and proving on oath or affirmation, the handwriting of the justice who has subscribed the same, such justice, before whom the accused is produced, shall thereupon furnish such constable with a. receipt or certificate in form 10, of his having received from him the body of the accused, together with the warrant, information, if any, depositions and recognizances, and of (98) R. v. Hughes. 2 Can. Cr. Cas., 332. (99) The old sec. 557 is made into these two new sections (665 and 666). 2ND EDIT. REVISED STATUTES 1906 REMARKS his having proved to him, upon oath or affirmation, the handwriting of the justice who issued the warrant. 2. If such justice does not commit the accused for trial, or hold him to bail, the recognizances taken before the first mentioned justice shall be void. (99) The power conferred on a magistrate under section 665 of ordering the accused person brought before him, charged with an offence committed out of his territorial jurisdiction to be taken before some justice having jurisdiction in the place where the offence was committed, is permissive only. A magistrate may hold a preliminary enquiry in respect of an indictable offence committed in the same province outside of his territorial jurisdiction if the accused is or is suspected to be within the limits over which such magistrate has jurisdiction; or resides or is suspected to reside within such limits. (100) Sec. 568. Sec. 667. Coroner's Inquisition. Meaning unchanged. A Coroner's court is a court of record, and the coroner is a judge of a court of record. A coroner has power to himself summon the coroner's jury by a mere verbal direction to the jurors. A post mortem examination may be directed by the coroner, and proceeded with under such direction, before the empanelling of the jury. (101) PART XIV. PROCEDURE ON APPEARANCE OF ACCUSED BEFORE JUSTICE. Jurisdiction. directed. Sec. 577. Sec. 668. Enquiry by justice, in manner hereinafter Meaning unchanged. Sec. 578. Sec. 669. Irregularity in summons or warrant or variance between charge therein and charge in information not to affect validity. Sec. 579. Sec. 670. Adjournment in case of variance. Unchanged. The Court will not, upon habeas corpus proceedings, enter into an enquiry, as to whether the prisoner brought before a justice (99) The old sec. 557 is made into these two new sections (665 an 666). (100) R. v. Burke, 5 Can. Cr. Cas.. 29. (101) Davidson v. Garrett, 5 Can. Cr. Cas., 200. 2ND EDIT. REVISED STATUTES 1906 REMARKS 1 and remanded by him, for an offence committed in Canada, was arrested in the United States and brought back to Canada without an extradition warrant. (102) The defendant, having been arrested and brought before a police magistrate charged with conspiracy, objected to the sufficiency of the charge and asked for particulars of the deceit, etc., charged, together with dates and names. The magistrate overruled the objection and refused the particulars, on the ground that the proceeding before him was merely an investigation, whereupon the defendant applied for prohibition, which was refused, on the ground that a writ of prohibition will not lie unless there is a lack of jurisdiction in the judicial officer or court dealing with the proceedings sought to be prohibited. (103) Sec. 579. Sec. 670. Adjournment in case of variance. Unchanged. PROCURING ATTENDANCE OF WITNESSES. Sec. 580. Sec. 671. Summons for a witness. If it appears to the justice that any person being or residing in the province is likely to give material evidence either for the prosecution or for the accused on such inquiry he may issue a a summons under his hand, requiring such person to appear before him at a time and p'ace mentioned therein to give evidence. respecting the charge, and to bring with him any documents in his possession or under his control relating thereto. 2. Such summons may be in form 11, or to the like effect. Slightly altered. Sec. 581. Sec. 672. Service of summons for witness. Unchanged. Sec. 582. Sec. 673. Warrant for witness after summons. If - any one to whom such last mentioned summons is directed does not appear at the time and place appointed thereby, and no just excuse is offered for such non-appearance, then, after proof upon oath that such summons has been served as aforesaid, or that the person to whom the summons is directed is keeping out of the way to avoid service the justice. (102) R. v. Walton. 10 Can. Cr. Cas.. 269. (103) R. v. Philips, 11 Ont. L. R., 478. 2ND EDIT. REVISED STATUTES 1906 REMARKS Sec. 582. before whom such person ought to have appeared if satisfied by proof on oath that such person is likely to give material evidence, may issue a warrant under his hand to bring such person at a time and place to be therein mentioned before him or any other justice in order to testify as aforesaid. 2. The warrant may be in form 12, or to the like effect. 3. Such warrant may be executed anywhere within the territorial jurisdiction of the justice by whom it is issued, or. if necessary, endorsed as provided in section six hundred and sixty-two and executed anywhere in the province out of such jurisdiction. (104) Sec. 674. Procedure against defaulting witness. If a person summoned as a witness under the provisions of this Part is brought before a justice on a warrant issued in consequence of refusal to obey the summons, such person may be detained on such warrant before the justice who issued the summons, or before any other justice in and for the same territorial division who shall then be there, or in the common gaol,, or any other place of confinement, or in the custody of the person having him in charge, with a view to secure his presence as a witness on the day fixed for the trial, or, in the discretion of the justice, released on recognizance, with or without sureties, conditioned for his appearance to give evidence as therein mentioned, and to answer as for contempt for his default in not attending upon the said summons. 2. The justice may, in a summary manner, examine into and dispose of the charge of contempt against such person. who, if found guilty, shall be liable to a fine not exceeding twenty dollars, or to imprisonment in the common gaol, without hard labour, (104) The old sec., 582, is made into these two new sections 673 and 2ND EDIT. REVISED STATUTES 1906 REMARKS for a term not exceeding one month, or to both such fine and imprisonment, and may also be ordered to pay the costs incident to the service and execution of the said summons and warrant and of his detention in custody. 3. The conviction under this section may be in form 13. (104) Sec. 583. Sec. 675. Warrant for witness in first instance. Meaning unchanged. (105) Sec. 584. Sec. 676. Procuring attendance of witnesses beyond Unchanged. (106) the province. Sec. 677. Warrant for defaulting witness. If the person served with a subpoena as provided by the last preceding section, does not appear at the time and place specified therein, and no just excuse is offered for his non-appearance, the justice holding the inquiry, after proof upon. oath, that the subpoena has been served, may issue a warrant under his hand directed to any constable or peace officer in the district, county or place where such person is, or to all constables or peace officers in such district, county or place, directing him, them or any of them to arrest such person and bring him before the said justice or any other justice at a time and place mentioned in such warrant in order to testify as aforesaid. The warrant may be in the form 15. or to the like effect; and if necessary, may be endorsed in the manner provided by section two hundred and sixty-two, and executed in a district, county or place other than the one therein mentioned. (106) (104) The old sec. 582, is made into these two new sections 673 and 674. is (105) The reference therein, as to endorsement of a warrant, to section 662, ante; and the form of warrant for a witness in the first instance is form 14. (106) The old sec. 584 is made with these two new sections 676 and 677. |