2ND EDIT. REVISED STATUTES 1906 REMARKS - Where the proceedings are taken under the Summary Convictions Procedure, a conviction inflicting a punishment in excess of that authorized on summary conviction cannot be supported, in habeas corpus proceedings, as a conviction on summary trial of an indictable offence, under which the punishment inflicted is authorized, notwithstanding that the magistrate was one authorized to hold a summary trial of an indictable offence, and that the offence was of the class for which the consent to trial is dispensed with by statute. (196) Sec. 789. Sec. 782. Procedure when the theft, or false pretense or receiving is in respect of property exceeding ten dollars. When any person is charged before a Magistrate with theft or with having obtained property by false pretenses, or with having unlawfully received stolen property, and the value of the property stolen, obtained or received exceeds ten dollars, and the evidence in support of the prosecution is, in the opinion of the magistrate, sufficient to put the person on his trial for the offence charged, such magistrate, if the case appears to him to be one which may properly be disposed of in a summary way, shall reduce the charge to writing, and shall read it to the said person, and, unless such person is one who, under section 775, can be tried summarily without his consent, shall then put to him the question mentioned in. section 778, and shall explain to him that he is not obliged to plead or answer before such magistrate, and that if he does not plead or answer before him, he will be committed for trial in the usual course. Slightly altered, as here set forth. Sec. 790. Sec. 783. Punishment on plea of guilty; and as to plea of not guilty. If the person charged as mentioned in the next preceding section consents to be tried by the Magistrate, the Magistrate shall then ask him whether he is guilty or not guilty of the charge, and if such person says that he is guilty, the Magistrate shall then cause a plea of guilty to be entered upon the proceedings, and sen (196) Ib. 2ND EDIT. REVISED STATUTES 1906 REMARKS tence him to the same punishment as he would have been liable to if he had been convicted upon indictment in the ordinary way; and if he says that he is not guilty, he shall be remanded to jail to await his trial before him in the usual course. Unchanged. A magistrate under section 771, ante, authorized to hold a summary trial by consent for theft of property exceeding $10 in value, but not being a police or stipendiary magistrate of a city or town having the additional jurisdiction conferred by section 777, ante, must first proceed with the charge as on a preliminary enquiry until it is ascertained whether or not the evidence for the prosecution is sufficient to put .the accused on his trial. If the magistrate is then of opinion that the evidence for the prosecution is sufficient to put the accused on his trial, and that the case is a proper one to be disposed of summarily, he may proceed with a summary trial under the above section 782. (196a) Where, on a charge of theft of property of a value exceeding $10, the accused consented to a summary trial before a city stipendiary magistrate, in Nova Scotia, it was held that such magistrate was not bound to remand the accused to gaol, upon his pleading "not guilty," but that, apart from the above section, (783), he had jurisdiction, under section 777, ante, to try the charge, and on conviction, to impose the same punishment as might be imposed in Ontario by a Court of General Sessions. (197) Sec. 791. Sec. 784. Magistrate may decide not to proceed sumUnchanged. marily. Sec. 792. Sec. 785. Election of trial by jury to be stated on Sec. 793. Sec. 786. Full defence allowed. Meaning unchanged. Sec. 796. Scc. 789. Service of summons for witness. Meaning unchanged. (196a) R. v. Williams, 10 Can. Cr. Cas., 330; 11 B. C. R., 351. (197) R. v. Bowers, (No. 2), 6 Can. Cr. Cas., 264. 2ND EDIT. REVISED STATUTES 1906 REMARKS Sec. 797. Sec. 790. Dismissal of charge. Sec. 798. Sec. 791. Effect of conviction. Sec. 800. Meaning unchanged. Unchanged. Proceeding not to be void for defect in form. Omitted. Sec. 801. Sec. 793. Result of hearing to be filed in Court of Sessions. The Magistrate adjudicating under the provisions of this part shall transmit the conviction, or a duplicate of the certificate of dismissal, with the written charge, the depositions of witnesses for the prosecution and for the defence, and the statement of the accused, to the clerk of the peace or other proper officer for the district, city, county or place wherein the offence was committed, there to be kept by the proper officer among the records of the general or quarter sessions of the peace or of any court discharging the functions of a court of general or quarter sessions of the peace. (198) Sec. 802. Sec. 794. Evidence of conviction or dismissal. Unchanged. Sec. 803. Sec. 795. Restitution of property. before a magistrate. Whenever any person is charged before any justice or justices, with any offence mentioned in section seven hundred and seventy-three, and in the opinion of such justice or justices the case is proper to be disposed of summarily by a magistrate, as in this Part provided, the justice or justices before whom such person is so charged may, if he or they see fit, remand such person for trial before the nearest magistrate in like manner in all respects as a justice or justices are authorized to commit an accused person for trial at any court: Provided that no justice or justices, in any province, shall so remand any person for trial before any magistrate in any other province. 2. Any person so remanded for trial before (198) Unchanged, except by the omission of par. 2 of the old section 801. Sec. d. a magistrate in any city, may be examined. Non-appearance of person under recog- nizance. Sec. 782. Sec. 797. Appeal in respect of offences mentioned in (a) or (f) of section 773. When any of the offences mentioned in paragraphs (a) or (f) of section seven hundred and seventy-three is tried in any of the provinces under this Part an appeal shall lie from a conviction for the offence in the same manner as from summary convictions under Part XV., and all provisions of that Part relating to appeals shall apply to every such appeal: Provided that in the province of Saskatchewan or Alberta there shall be no appeal if the conviction is made by a judge of a superior Part. (200) Sec. 808. Sec. 798. Certain provisions not applicable to this Part. Except as specially provided for in the two last preceding sections, neither the provisions of this Act relating to preliminary enquiries before justices, nor of Part XV, shall apply to any proceedings under this Part. (201) Sec. 807. Sec. 799. Forms to be used. A conviction or certificate of dismissal under this Part may be in the form 55, 56, or 57 applicable to the case or to the like effect; and whenever the nature of the case requires it, such forms may be altered by omitting the words stating the consent of the person 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 person convicted is to be subjected, if the fine is not sooner paid. Slightly altered, as here set forth. 1097, post, (199) Out of the substance of section 805, of section 878 and of paragraph 13 of section 900 of the old Code, a new section, is formed. (200) Taken (with some alterations) from par. (v.) of subsec. (a) of the old section 782. (201) Taken from the old section 808, with alterations as here set forth. Sec. 809. Sec. 800. Definitions. In this Part, unless the context otherwise requires, (a) two or more justices,' or 'the justices,' includes, (i) in the provinces of Ontario and Manitoba, any judge of the county court being a justice, police magistrate or stipendiary magistrate, or any two justices, acting within the limits of their respective jurisdictions, (ii) in the province of Quebec, any (iii) in the provinces of Nova Scotia, |