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or delivered by the justice of the peace to the clerk of the Executive Council and shall be filed in his office. No. 36 of 1897, s. 7.

PROCEDURE.

Part LVIII of 8. Except it is otherwise specially provided all the provi-
The Criminal
Code to apply sions of part LVIII of the Act of the Parliament of Canada
to proceedings known as The Criminal Code 1892 and the Acts already passed

or which may be hereafter passed amending the same shall ap-
ply to all proceedings before justices of the peace under or by
virtue of any Ordinance of the Territories. No. 36 of 1897,

S. 8.

Appeals

Practice on appeal

9. Any party who considers himself aggrieved by a conviction or any order made by a justice of the peace under the authority of any Ordinance in force in and relating to matters within the legislative authority of the Legislative Assembly of the Territories or a municipal by-law may appeal therefrom to a judge of the Supreme Court of the North-West Territories.

(2) The practice and proceedings on the appeal and both preliminary and subsequent thereto and otherwise in respect thereof shall be the same as the practice and proceedings under the statutes of the Parliament of Canada for the time being in force on appeal from convictions and orders of justices of the peace made under the authority of any statute of Canada.

(3) The judge shall have and possess the like powers as to the imposition and recovery of costs as are possessed by him in appeals from matters under the said statutes. No. 36 of 1897,

Powers of judge

s. 9.

PRIORITY OF JURISDICTION.

Jurisdiction

Proviso

Jurisdiction

10. Jurisdiction in any particular case shall exclusively atin first justice tach in the first justice of the peace or where more than one

justice is required the first justices to the required number duly authorised who has or have possession and cognisance of the fact:

Provided that at the request of any such justice or at the unanimous request of any such justices where more than one justice is required any other justice or justices may take part in any case.

(2) Every complaint and information shall be heard, tried, more justices determined and adjudged by one justice or two or more justices

as directed by the Ordinance or law upon which the complaint or information is framed or by any other Ordinance or law in that behalf.

(13) If there is no such direction in any Ordinance or law then the complaint or information may be heard, tried, determined and adjudged by any one justice.

(4) Any one justice may receive the information or complaint and grant a summons or warrant thereon and issue his summons or warrant to compel the attendance of any witnesses for either party and do all other ac's and matters necessary preliminary to the hearing even if by the Ordinance in that behalf it is provided that the information or complaint shall be heard and determined by two or more justices.

(5) After a case has been heard and determined one justice may issue all warrants of distress or coinmitment thereon.

(6) It shall not be necessary for the justice who acts before or after the hearing to be the justice or one of the justices by whom the case is to be or was heard aud determined.

(7) If it is required by any Ordinance or law that an information or complaint shall be heard and determined by two or more justices or that a conviction or order shall be made by two or more justices, such justices shall be present and act together during the whole of the hearing and determination of

No. 36 of 1897, s. 10.

the case.

RETURNS.

11. Every justice of the peace who receives the amount of Returns and any fine, penalty, forfeiture or other sum of money which is

transmissions payable to the Government of the Territories shall forth with after he has received the same transmit the amount to the attorney general with a statement as in form A in the schedule to this Ordinance.

2. Every justice of the peace by or before whom, whether alone or with one or more other justice or justices, any matter of any nature whatsoever is commenced, tried, heard, revised or adjudicated upon shall in the months of January and July in each year and before the fifteenth day thereof make a return in writing signed by him to the attorney general shewing the result, disposition of or action taken upon or in regard to any such matter so dealt with theretofore which has not been included in some previous return made by such justice to the attorney general.

3. Such return shall be in form B in the schedule to this Ordinance and shall truly set forth the information indicated as required by the headings to the different columns in said form.

4. In case no proceedings whatever have been had or taken before any justice he shall make a return so stating: No. 15 of 1898, s. 1.

12. Any justice or justices of the peace whose duty it is to procedure make returns or transmit fines, penalties, forfeitures or other to enforce moneys as aforesaid who refuses or neglects to make such returns or transmit such amounts in the manner and at the time above provided may be required by a written notice from the attorney general (which notice may be forwarded to the usual or last known post office address of the said justice or justices by post prepaid and registered or delivered to the said justice or justices in person) requiring such justice or justices forth with to make such returns or transmit such amounts as aforesaid ; and after the expiration of thirty days

from the posting or delivery of such notice should the said justice or justices still refuse or neglect to make such returns or transmit such amounts as aforesaid then the attorney general shall report such refusal, neglect or omission to the Territorial secretary who shall cause the names of the justice or justices so making default to be published in the official gazette of the Territories during two successive issues thereof with a notice stating that in default of the justice or justices therein named making such returns or transmissions within thirty days from the first publication of such notice the name of such justice or justices so making default shall be erased from the commission of the peace; and the Territorial secretary shall on the expiration of thirty days from the date of the first publication in The North-West Territories Gazette erase from the coinmission of the peace the name of every justice of the peace still in default and upon such erasure such justice or justices of the peace shall be anıl become deprived of all power and authority and jurisdiction as justice of the peace and shall not thereafter be eligible for reappointment. No. 36 of 1897, s. 13: No. 15 of 1898, s. 3.

Neglect to make returns Penalties

13. The penalties in this Ordinance provided for omission to make returns shall be in addition to all other fines, penalties or punishment provided therefor by any other Ordinance or law in force in the Territories. No. 36 of 1897, s. 16; No. 15 of 1898, s. 5.

Penalty for making false return

14. In case the justice or justices before whom any such conviction takes place or who receives or receive any such money neglects or refuses, neglect or refuse to make such return thereof or in case any such justice or justices wilfully makes or make a false, partial or incorrect return every such justice so neglecting or refusing or wilfully making such false, partial or incorrect return shall forfeit and pay the sum of $100 together with full costs of suit to be recovered by the attorney general on behalf of Her Majesty before the Supreme Court of the Territories as a debt, the same when recovered to form part of the general revenue fund of the Territories. No. 36 of 1897, s. 18.

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I, the undersigned one of Her Majesty's Justices of the Peace in and for the North-West Territories do certify the following to be a true and correct return of all proceedings heretofore had in which I took part as such justice and not included in some previous return made by me to the attorney general of the Territories.

prosecutor or Name of informant. Name of accused or respondent. Nature of charge or Act, Ordinance or By-Law proceeded on. matter. costs, & to whom. Adjudication Date of hearing. and sentence Date of payment Amount of if any. of penalty and imposed. of costs

Remarks, giving

subsequent action, if any.

Dated at

1

J.P.

CHAPTER 33.

An Ordinance Respecting Constables.

THE
HE Lieutenant Governor by and with the advice and con-

sent of the Legislative Assembly of the Territories enacts as follows:

Justices may appoint constables

Duration of office

1. Any justice of the peace may in writing appoint one or more constables whose powers and duties as such shall extend to the whole of the Territories ; such appointment to be in force for the time mentioned in the appointment but shall at no time be longer in force than until the thirty-first day of Decenber then next following the date of such appointment or until any process on the said thirty-first day of December in his hands be executed. R.O. c. 43, s. 1.

Oath

2. Every constable so appointed shall before entering upon the duties of his office take and subscribe before a justice of the peace the following oath : I,

having been appointed constable for the North-West Territories do solemnly swear that I will truly, faithfully and impartially perform the duties appertaining to the said office according to the best of my skill and ability. So help me God. R.O. c. 43, s. 2.

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