Fees receiv able for cer CHAPTER 78. An Act respecting the Fees of Justices of the Peace. HE [ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. The fees mentioned in the Schedule to this Act, and no tain services. others, shall be and constitute the fees to be taken by Justices of the Peace, or by their clerks, for the duties and services therein mentioned; and shall be the costs to be charged in summary proceedings or convictions before the Justice, where no other fees are expressly prescribed. R. S. O. 1877, c. 77, ss. 1, 2. Fees in cases 2. This Act shall not authorize any claim being made by not expressly the Justices aforesaid, for fees of any description connected prescribed. with cases above the degree of misdemeanor. R. S. O. 1877, c. 77, s. 3. Fees not allowed in cases above misdemeanors. Penalty for taking unauthorized fees. Fees to witnesses in certain cases. 3. Every Justice wilfully receiving a larger amount of fees than by law are authorized to be received, shall forfeit and pay the sum of $80, together with full costs of suit, to be recovered by any person who sues for the same in any Court of Record in the Province, one moiety whereof shall be paid to the party suing, and the other moiety to the Treasurer of the Province, to and for the uses of the Province. R. S. O. 1877, c. 77, s. 4. 4. In cases of conviction where persons are subpoenaed to give evidence before Justices of the Peace in cases of assault, trespass or misdemeanor, the witness shall be entitled, in the discretion of the Justice, to receive fifty cents for every day's attendance, where the distance travelled in coming to and returning from such adjudication does not exceed ten miles, and five cents for each mile above ten. R. S. O. 1877, c. 77, Sched. B. Item 10. , SCHEDULE (Section 1.) TABLE OF FEES TO BE TAKEN BY JUSTICES OF THE PEACE, OR THEIR CLERKS. 1. For an Information and Warrant for apprehension, or for an Informatio and Summons for assault, trespass, or other misdemeanor.... 2. For each copy of Summons to be served on defendant or defendants. $0.50 10 3. For every Subpoena, (only one Subpoena on each side to be charged for in each case, which may contain any number of names.). (If the justice of the case requires it, additional Subpoenas shall be issued without charge.) R. S. O. 1877, c. 77, Sched. A, items 1-3; Sched. B, items 1-3. 4. For every Recognizance (only one to be charged in each case) ..... 5. For Information and Warrant for surety of the peace for good behaviour, (to be paid by complainant).. 6. For Warrant of Commitment for default of surety to keep peace or good behaviour (to be paid by Complainant). R. S. O. 1877, c. 77, Schedule A. 7. For hearing and determining the case. 41 V. c. 4, s. 6 8. Where one Justice alone cannot lawfully hear and determine the case, an ad- In case more Justices hear the case, the Justice by whom the information 9. For Warrant to levy penalty 10. For making up every Record of Conviction where the same is ordered to be 11. But in all cases which admit of a summary proceeding before a single Justice 12. For copy of any other paper connected with any trial, and the minutes of the 13. For every Bill of Costs, (when demanded to be made out in detail).. R. S. O. 1877, c. 77, Sched B, items 5-9. 10 25 50 50 50 50 25 1,00 50 25 10 10 2. Other Officers of Justice... CHAPTER 79. An Act respecting County Crown Attorneys. To attend Crown officer at Assizes and in his absence conduct prosecutions, s. 9 (4). To conduct summary proceedings To advise Justices, s. 9 (6). POWER OF LIEUT.-GOVERNOR IN Short title. Interpretation. LieutenantGovernor to appoint, remove, etc. Who qualified ed, ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. This Act may be cited as " The County Crown Attorneys Act." R. S. O. 1877, c. 78, s. 1. 2. Unless there is something in the context repugnant to such construction, the word "Assizes," when used in this Act, shall be understood to mean the sittings of the High Court for the trial of criminal causes, or the sittings of any Court of Assize or of Oyer and Terminer and General Gaol Delivery. R. S. O. 1877, c: 78, s. 2. 3. The Lieutenant-Governor shall from time to time appoint a Crown Attorney for each county in Ontario, to hold office during pleasure. R. S. O. 1877, c. 78, s. 3. 4. No person shall be appointed a County Crown Attorney, to be appoint- or shall act in that capacity, who is not a barrister-at-law of at least three years' standing at the Bar of Ontario, and a resident in the county for which he is appointed. R. S. O. 1877, c. 78. 5. Every County Crown Attorney shall give security for the County Crown due performance of the duties of his office, and for the due pay- give security. Attorneys to ment of all moneys received by him by virtue thereof, in such sum, and with so many sureties, and in such manner and form as the Lieutenant-Governor directs. R. S. O. 1877, c. 78, s. 5. 6. No County Crown Attorney shall be qualified to act as Oath of office. such until he has taken, before some County Judge, the following oath, that is to say: "I do swear that I will truly and faithfully, according to the best of my skill and ability, execute the several duties, powers and trusts of County Crown Attorney for the County of without favour or affection to any party: So help me God." R. S. O. 1877, c. 78, s. 6. prisoners. 7. No County Crown Attorney shall by himself or his partner Not to act as in business, act or be directly or indirectly concerned as counsel counsel for or solicitor for any prisoner or party, in respect to any charge against such prisoner or party of treason, felony or other offence, punishable under the criminal law in force in this Province. R. S. O. 1877, c. 78, s. 7. 8. The County Crown Attorney for each county shall aid Duties generin the local administration of justice, and perform the duties ally. by this Act or any other Act, either of Canada or of this Province, assigned to County Crown Attorneys. R. S. O. 1877, c. 78, s. 8. 9. Every County Crown Attorney Special duties. mations, etc. 1. Shall receive and examine all informations, examinations, To receive and depositions, recognizances, inquisitions and papers connected examine inforwith criminal charges which the Justices of the Peace and Coroners of the county are required to transmit to him, and where necessary, he shall cause such charges to be further investigated, and additional evidence to be collected, witnesses. and shall sue out process to compel the attendance of To secure atwitnesses and the production of papers, so that prosecutions tendance of at the Assizes, General Sessions and County Judge's Criminal Court, may not be unnecessarily delayed or fail through want of proof; 2. He shall institute and conduct on the part of the Crown To institute prosecutions for felonies and misdemeanors at the Court and conduct prosecutions at of General Sessions, and the County Judge's Criminal Court for Sessions, etc. the county he is appointed to, in the same manner as the Law Officers of the Crown institute and conduct similar prosecutions at the Assizes, and with like rights and privileges, except as to the right of entering a nolle prosequi, and generally he shall attend to all criminal business at the Court of General Sessions and the County Judge's Criminal Court; To watch certain cases brought by pri tors. 3. He shall watch over the conduct of cases at the Court of General Sessions wherein it is questionable if the conduct vate prosecu- complained of be punishable by law, or where the particular act or omission presents more of the features of a private injury than a public offence; and without unnecessarily interfering with private individuals who wish in such cases to prosecute, may assume wholly the conduct of the case where justice towards the accused seems to demand his interposition; To deliver papers connected Officer. 4. He shall deliver to the Crown Officer or Counsel with criminal appointed by the Attorney-General, all papers connected with business at As- the criminal business at the Assizes on or before the opening sizes to Crown of the Court; he shall be present at the Court, and, if required, shall assist the Crown Officer or Counsel with the criminal When to offici- business, and in the absence of the Law Officers of the Crown ate thereat. and of such Counsel, he shall represent the Crown, and take the charge and conduct of the criminal business to be done at the Assizes for his County; To institute summary pro- fore Justices certain cases. To advise 5. If required by the general regulations touching his office made in pursuance of the provisions hereinafter contained, he shall institute and conduct proceedings before Justices of the Peace under any Act or law conferring summary powers to convict, for offences in relation to the public revenue, the public property, the public domain, the public peace, the public health, and any other matter made punishable on summary conviction before Justices of the Peace; and the County Crown Attorney is hereby empowered to institute such proceedings, on a complaint in writing, or as public prosecutor, in cases wherein the public interests require the exercise of such office; 6. If by any Justice of the Peace requested in writing conPeace at their taining a statement of the particular case, he shall advise and instruct the Justice in respect to criminal offences brought before him for preliminary investigation or for adjudication; request. To perform duties to be assigned by 7. He shall perform such duties and services as the Lieutenant-Governor, by regulations in Council, from time to regulations in time prescribes and directs for carrying out the provisions of any Act imposing duties upon County Crown Attorneys, and also touching the office of County Crown Attorney and the prosecution of criminal offenders. R. S. O. 1877, c. 78, s. 9. Council. Justices committing or bailing on criminal liver informa 10. In every case where a person is committed for trial, or bailed to answer to a criminal charge, the Justice of the Peace so committing or bailing shall deliver or cause to be delivered charges, to de- without delay to the County Crown Attorney the informations, tions, etc., to depositions, examinations, recognizances and papers connected County Crown with the charge; and subject to the provisions of section 3 who shall be of chapter 74 of these Revised Statutes, the County Crown Attorney shall be deemed the proper officer" of the Courts officer," within R. S. C. c. 174. within the meaning of The Criminal Procedure Act, and in Attorney, "the proper Sec. 30 et. seq. |