2ND EDIT. REVISED STATUTES 1906 REMARKS (v) in the Northwest Territories, any (b) the common gaol or other place of APPLICATION OF THIS PART. Sec. 829. Sec. 801. Not to apply to certain offences in British Columbia or Prince Edward Island. The provisions of this Part shall not apply to any JURISDICTION. Sec. 810. Sec. 802. Theft by person not over sixteen. Punish ment. Unchanged. Sec. 830. Sec. 803. No imprisonment, under this Part, in reformatory in Ontario. Unchanged. Sec. 831. Sec. 804. Not to prevent summary conviction of any person triable under this Part. Unchanged. PROCEDURE. Sec. 811. Sec. 805. Procuring appearance of Accused. Whenever any person whose age is alleged not to 2ND EDIT. REVISED STATUTES 1906 REMARKS exceed sixteen years, is charged with any offence mentioned in section 802, on the oath of a credible witness before any justice, such justice may issue his summons or warrant to summon or to apprehend the person so charged, to appear before any two justices, at a time and place to be named in such sum mons or warrant. Slightly altered, as here set forth. Sec. 812. Sec. 806. Remand of accused. Unchanged. Sec. 813. Sec. 807. Accused to elect how to be tried. The justices before whom any person is charged and proceeded against under the provisions of this Part before such person is asked whether he has any cause to show why he should not be convicted, shall say to the person so charged, these words, or words to the like effect; "We shall have to hear what you wish to say in answer to the charge against you; but if you wish to be tried by a Jury, you must object now to our deciding upon it at once." 2. And if such person, or a parent or guardian of such person, then objects, no further proceedings shall be had under the provisions of this part; but the justices may deal with the case according to the provisions set out in Parts XIII and XIV as if the accused were before them thereunder. Altered, as here set forth. Sec. 814. Sec. 808. When Accused shall not be tried summarily. If the justices are of opinion, before the person charged has made his defence, that the charge is, from any circumstance, a fit subject for prosecution by indictment, or if the person charged, upon being called upon to answer the charge, objects to the case being summarily disposed of under the provisions of this Part, the iustices shall not deal with it summarily, but may proceed to hold a preliminary inquiry as provided for in Parts XIII. and XIV. 2. In case the accused has elected to be tried by a jury, the justices shall state in the warrant of commitment the fact of such election having been made. Altered, as here set forth. 2ND EDIT. REVISED STATUTES 1906 REMARKS Sec. 815. Sec. 809. Summons to witness. Meaning unchanged. Sec. 816. Sec. 810. Binding over witness. Unchanged. Sec. 817. Sec. 811. Warrant when witness disobeys summons. Unchanged. Sec. 818. Sec. 812. Service of summons. Sec. 819. Sec. 813. Discharge of Accused. If the justices upon the hearing of the case deem the offence not proved, or that it is not expedient to inflict any punishment, they shall dismiss the person charged, and make out and deliver to him a certificate in the form 58, or to the like effect, under the hands of such justices, stating the fact of such dismissal: Provided that if the dismissal shall be on account only of it being deemed inexpedient to inflict any punishment the accused shall be discharged. only on his finding sureties for his good behaviour. Altered, as here set forth. Sec. 820. Sec. 814. Form of conviction. The justices before. whom any person is summarily convicted of any offence in this Part previously mentioned may cause the conviction to be drawn up in Form 59, or in any other form to the same effect, and the conviction shall be good and effectual to all intents and purposes. (202) Further proceeding barred. Unchanged. Sec. 822. Sec. 816. Conviction and recognizances to be filed. Sec. 821. Sec. 815. Sec. 824. Sec. 817. Restitution of property. Sec. 825. Sec. 818. Proceedings when penalty not paid. Unchanged. Omitted here. Unchanged. Unchanged. Meaning unchanged. Meaning unchanged. (203) Sec. 66 Sec. 821. Order for payment. Meaning unchanged. (203) Sec. 826. Sec. 819. Costs. Sec. 828. Sec. 820. Costs to be certified by Justice. (202) The second paragraph of the old section 820 is here omitted. (203) Except that the old section, 828, is divided into two sections, 820 and 821. Sec. 762. Sec. 822. The provisions of this Part do not apply to the Northwest Territories or the Yukon Territory. Altered, as here set forth, and as amended by 6 and 7 Ed. VII, c. 45, sec. 6 (d), it being declared, however, by sec. 7 of this Act that it shall come into force as to Saskatchewan and Alberta only upon proclamation of the Governor General). Interpretation. Sec. 763. Sec. 823. Definitions of "Judge" and of "County Attorney" or "Clerk of the Peace." In this Part, unless the context otherwise requires,(a) the expression "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, 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 Brunswick and Prince Edward Island, any judge of a county court. 2ND EDIT. REVISED STATUTES 1906 REMARKS (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 or of any district court. (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. (As amended by the Criminal Code Amendment Act, 1907, c. 8, and, as added to by the 6 and 7 Ed. VII, c. 45, sec. 6, subsec. (e); it being declared, however, by sec. 7 of the latter Act that that Act shall come into force as to Saskatchewan and Alberta only upon proclamation of the Governor in Council). JURISDICTION. Sec. 764. Sec. 824. Judge is a Court of Record. (203a) (203a) Amended by sec. 6 (f) of 6 and 7 Ed. VII, c. 45, so as to make such court the County Court Judge's Criminal Court in every province of Canada except the provinces of Quebec, Saskatchewan and Alberta. |