Procedure.

Procuring appearance of accused.

805. Whenever any person, whose age is alleged not to exceed sixteen years, is charged with any offence mentioned in sec. 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 summons or warrant.

Origin]-Sec. 811, Code of 1892; R.S.C. 1886, ch. 177, sec. 4.
Offence which is theft or punishable as theft]—Sec. 802.
Mode of service of summons]-Code sec. 812.

Notice to parent or guardian]-In Ontario the magistrate may give notice of the charge to the parents or either of them or other person apparently interested in the welfare of the child; The Prisons Act, R.S.C. 1906, ch. 148, sec. 68; and must give notice to the Children's Aid Society for the county if the information is against a boy under 12 or a girl under 13.

Remand of accused.-Bail.

806. Any justice, if he thinks fit, may remand for further examination or for trial, or suffer to go at large, upon his finding sufficient sureties, any such person charged before him with any offence aforesaid.

2. Every such surety shall be bound by recognizance conditioned for the appearance of such person before the same or some other justice or justices for further examination, or for trial before two or more justices as aforesaid, or for trial by indictment at the proper court of criminal jurisdiction, as the case may be.

3. Every such recognizance may be enlarged, from time to time, by any such justice or justices to such further time as he or they appoint; and every such recognizance not so enlarged shall be discharged without fee or reward, when the person has appeared according to the condition thereof.

Origin]-Sec. 812, Code of 1892; R.S.C. 1886, ch. 177, secs. 5, 6, 7.

Election. Objection of accused or parent or guardian.

807. 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 address the person so charged in 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.

Origin]-Sec. 813, Code of 1892; R.S.C. 1886, ch. 177, sec. 8.

Re-election of speedy trial after electing jury trial]-Code secs. 828, 830 (Part XVIII).

When accused shall not be tried summarily.—Election to be stated in warrant.

808. 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 justices 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..

Origin]-Code of 1892, sec. 814; R.S.C. 1886, ch. 177, sec. 8.

Before accused has made his defence]-A similar restriction is stated in sec. 784 as to summary trials under Part XVI.

Charge a fit subject for prosecution by indictment]-Compare sec. 784 (Part XVI).

832.

Re-election of speedy trial under Part XVIII]-Code secs. 828, 830.

Summons to witness.

809. Any justice may, by summons or by writing under his hand, require the attendance of any person as a witness upon

the hearing of any case before two justices, under the authority of this Part, at a time and place to be named in such summons.

Origin]-Sec. 815, Code of 1892; R.S.C. 1886, ch. 177, sec. 10.
Summoning witnesses]-Compare sec. 671.

Binding over witness.

810. Any such justice may require and bind by recognizance every person whom he considers necessary to be examined, touching the matter of such charge, to attend at the time and place appointed by him and then and there to give evidence upon the hearing of such charge.

Origin]-Sec. 816, Code of 1892; R.S.C. 1886, ch. 177, sec. 11.

Warrant when witness disobeys summons.

811. If any person summoned or required or bound, as aforesaid, neglects or refuses to attend in pursuance of such summons or recognizance, and if proof is given of such person having been duly summoned, as hereinafter mentioned, or bound by recognizance, as aforesaid, either of the justices before whom any such person should have attended, may issue a warrant to compel his appearance as a witness.

Origin]-Sec. 817, Code of 1892; R.S.C. 1886, ch. 177, sec. 12.
Warrant for defaulting witness]-Compare secs. 673 and 674.

Service of summons.

812. Every summons issued under the authority of this Part may be served by delivering a copy thereof to the person, or to some inmate, apparently over sixteen years of age, at such person's usual place of abode, and every person so required by any writing under the hand or hands of any justice or justices to attend and give evidence as aforesaid, shall be deemed to have been duly summoned.

Origin]-Sec. 818, Code of 1892; R.S.C. 1886, ch. 177, sec. 13.

"Every summons "]-See sec. 805 (summons to defendant) and sec. 809 (summons to witness).

Service of summons]-Compare sec. 658.

Discharge of accused. Sureties for good behaviour.

813. 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.

Origin]-Compare sec. 819, Code of 1892; R.S.C. 1886, ch. 177,

sec. 14.

Sureties for good behaviour]-Compare secs. 748, 1058, 1059.
Where punishment not expedient]-Compare secs. 1081, 1082.
Form of certificate of dismissal]-Code form 58, following sec. 1152.

Form of conviction.

814. 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.

Origin]-Sec. 820, Code of 1892; R.S.C. 1886, ch. 177, secs. 16, 17. Form of conviction]-Code form 59, following sec. 1152.

What defects cured]-No conviction under Part XVII shall be quashed for want of form or be removed by certiorari or otherwise into any court of record; and no warrant of commitment under the said Part shall be held void by reason of any defect therein, if it is therein. alleged that the person has been convicted and there is a good and valid conviction to sustain the same. Code sec. 1123.

Sentence to reformatory]-The court or person before whom any offender whose age at the time of his trial does not, in the opinion of the court, exceed sixteen years, is convicted, whether summarily or otherwise, of any offence punishable by imprisonment, may sentence such offender to imprisonment in any reformatory prison in the province in which such conviction takes place, subject to the provisions of any Act respecting imprisonment in such reformatory. R.S.C. 1906, ch. 148, sec. 29.

In no case shall the sentence be less than two years' or more than five years' confinement in such reformatory prison. Ibid., sec. 29 (2).

1121

Such imprisonment shall be substituted, in such case, for the imprisonment in the penitentiary or other place of confinement by which the offender would otherwise be punishable under any Act or law relating thereto; provided, that in every case where the term of imprisonment is fixed by law to be more than five years, then such imprisonment shall be in the penitentiary. Ibid., sec. 29 (3).

Every person imprisoned in a reformatory shall be liable to perform such labour as is required of such person. Ibid., sec. 29 (4).

See also the Juvenile Delinquents Act, 1908, 7-8 Edw. VII, ch. 40, as amended, 2 Geo. V, ch. 30, and 4-5 Geo. V, ch. 39. For Ontario, see also the Prisons Act, secs. 67-70; for Manitoba, the Prisons Act, sees. 139-142, 9-10 Edw. VII, ch. 48; for Quebec, the Prisons Act, secs. 79-86; for New Brunswick, the Prisons Act, secs. 116-130; for Nova Scotia, the Prisons Act, secs. 90-97 and 105-108, 7-8 Edw. VII, ch. 55; for Prince Edward Island, the Prisons Act, secs. 132-137, 3-4 Geo. V, ch. 39, sec. 4.

Further proceeding barred.

815. Every person who obtains such certificate of dismissal, or is so convicted, shall be released from all further or other criminal proceedings for the same cause.

Origin]-Sec. 821, Code of 1892; R.S.C. 1886, ch. 177, sec. 15.

Release from further prosecution]-Sec. 815 is similar to sec. 792 as to summary trials; compare sec. 734 as to proceedings under the summary convictions procedure of Part XV.

Conviction and recognizances to be filed.

816. The justice before whom any person is convicted under the provisions of this Part shall forthwith transmit the conviction and recognizances to the clerk of the peace or other proper officer, for the district, city, county or union of counties wherein. the offence was committed, there to be kept by the proper officer among the records of the court of general or quarter sessions of the peace, or of any other court discharging the functions of a court of general or quarter sessions of the peace.

Origin]-Sec. 822, Code of 1892; R.S.C. 1886, ch. 177, sec. 18.

Quarterly return by clerk of the peace]-By Code sec. 1139 it is provided that every clerk of the peace or other proper officer shall transmit to the Minister of Agriculture a quarterly return of the names of offenders, the offences and punishments mentioned in convictions transmitted to him under Part XVII of the Code.