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Ne« York 14609 USA ' • f ) «8^ - 0300 - Phone • ) 288 - 5989 - Fax HART & RAWIJNSON, SuccesBors (ut retail) to COPP CLAUK & Co., ^Odlviscllfvs and Jtationfifi, 5 KING STREET WEST, TORONTO, llcspectfully iufunu the ProiV'ssiDn, tliat they constantly keep in Siock a full suiiply of LAW BOOKS-LAW BIANKS, CONVEYANCING FORMS, MAGISTKATES' BLANKS, INSOLVENT BLANKS, CORONEKS' BL\NKS, CUSTOM HOUSE FORMS. SURROGATE COURT FORMS AND BOOKS, COUNTY COURT FORMS AND BOOKS. DIVISION COURT FORMS AND BOOKS. ) j %^ Any Special Book>^ or Forms not in Stock, wilt he ntada iip and supplied verii prom/)lli/. .^fji A LARGE STOCK OF LEGAL AND GENERAL MISCELLANEOUS STATIONERY. i^;74t^l^4»— H. & R. being direct importers, are al?'o f^iiiilii; d to fin-nish tlie newest Books as boon an issued. HART is: RAVVLINSON, 5 KINvr ST, WEST, TORONTO. 4^. COMPILAX OF THE Several Tariffs Orders in Council, and Regulations relating to the Expenditure in the ^Aminbiirflimi of §m[indl ^natice. Distlnc aishlng those Fees which are PAYABLE BY THE GOVERNMENT, From those which a. PAYABLE BY THE COUNTY. COMPILED BY HENRY TOTTEN, Auditor of Criminal Justice Accounts, Treasury Department, Toronto- T o R o nsr a? o . Presbyterian Printing and Publishing Company, 102 Bay Street. 1874, \ r '(% {(' 0..' V K ll PREFACE. Under the Act 7 W. IV. Cap. 18, entitled " An Act to regulate the expenditure of district funds within tlie Province." The expenditure of the district funds rested with the Justices in Quarter Sessions. This Act is now Cap. 121 of the C. S. U. C. The first section enacts that all ac- counts or demands shall be handed in to the Clerks of the Peace on or before the first day of each Session. The second section enacts that the accounts shall be taken up on the second day of each Session, but shall not be passed or audited unless there be at least seven Magistrates present. The third section, now section 4 in Cap. 121 in C. S. U.C, directs that theClerk of the Peace shall furnish the Treasurer with a list of the orders or cheques passed in each Session according to the priority of dates and that it shall be the duty of the Treasurer to pay such orders according to the respective dates and numbers in which the same were passed at the said Sessions. But all sums necessary to defray the expenses of the custody and maintenance of prisoners and the accounts of public officers and officers of the court shall be first paid. The fourth section enacts that no ordtr which is passed or recorded shall be rescinded, unless at least the same number of magistrates who passed it shall be present. And the fifth section enacts that no order shall be made for the payment of money, except it be for a debt actually due by the district unless there be suffi- cient funds in the Treasurers hands to pay the same, and if any order be made contrary to these provisions the Magistrates who sanctioned the same shall be personally reponsible to the| person in whose favor the order was made. The District Councils Act of 1 841 , 4 and 5 Vic. Cap. 10, appears to have withdrawn from the Justices in Quarter Sessio ihe power to deal with any accounts for services in connection with|ma'ters and things within the scope of the powers and jurisdiction of the District Council and placed them under the control of the municipal authorities, where they have ever since remained, leaving all|accounts for services in connection with the administration of Criminal Justice to be dealt with by the Justices in Quarter Sessions as formerly. PllEFACE. In 1846 the Statute 9 Vic. Cap. 58, now Cap 120 C. S. U. C,^ was passed. The first section ijrovidcd that for the year 1846 one third of the expenses of the administration of Criminal Justice should be paid out of the Consolidated Revenue Fund of the Province; for the year 1847 two-thirds, and thereafter during each year the whole of the said expenses should be i)aid out of the said fund. Schedules were appended to the Act stating what should be deemed expenses of the administration of Criminal Justice within the meaning of the Act. This Act in no way amended or repealed 7 W. IV. Cap 18 (nowC. S. U. C. Cap. 121,) and it was un- doul)ted]y passed to regulate the adjustment of the accounts between the Counties and the Government. During the years 1846 and! 1847 it would have beeen impossible to arrive at the amount represented by these proportions of one-third and two-thirds unless the County in the first instance paid the whole amount. The accounts were to be audited as usual by the Justices in Quarter Sessions and paid by the County Treasirrer upon the order of the Chairman of the Sessions. After that such of them as contained items coming within the schedules attached to 9 Vic. Cap. 58 (now C. S. U. C. Cap. 120,) were to be laid before a Board of Audit composed, as per circular No. 2, of the Chairman of the Sessions, and two other parties appointed by the Government who audi- ted them on behalf of the Government and delivered them to the County Treasurer who forwarded them to the Finance Minister in whose depart- ment they were finally adjusted, and all items in the several accounts which were embraced in the said schedules or were specially provided lor by some other statute were reimbursed to the Counties. It has been assumed by many that since the passing of the Act 9 Vic, Cap. 58 (now C. S. U. C. Cap. 120) the Counties have noth- ing to do with the payment of the officials accounts for services in con- nection with the administration of Criminal Justice until the amount thereof has been received from the Provincial Treasurer. Sections 4 of Cap. 121 and 7 of Cap. 119 C. S. U. C, which are stiU in force, command the County Treasurer to pay such accounts upon the order of the Chaii man of the Quarter Sessions after having be°n audited and allowed by the Justices in Quarter Sessions. In Poussett v. The Corporation of Lambton, 22 U. C. R. 80, it was decided that "the intention and effect of the statute Cap. 120 ** C. S, U. C. is that the Counties shall be paid or reivibursed by the Gov- •' ernment all such expenses as come within that statute and have been PREFACE 5 "audited by the proper auditors according to the regulations of the " Government, and not that the Clerks of the Peace, Sheriffs, Coroners, " Constables, and Criers are to make out severally their accounts against " the Provincial Government for such services." In a very recent case In re the Sheriff of the County of Lincoln and the Treasurer and Corporation of the County of Lincoln, 34 U. C. R. i. The question to l>e decided was whether the County Treasurer was right in refusing to pay the Sheriff's account audited and allowed by the County Board of Audit until it had also been allowed and audited and the amount of it paid over by the Provincial Government to the County Treasurer, and the learned Mr. Justice \Vilson decided that he was not. " The Treasurer after the County Audit is without further authority to " pay such an account as the one in question unless he can show " that the items in question were so inadmissable and illegal that if they " were paid the money could be recovered again from the person receiv- " ing it." " The auditing and accounting with the Government is a matter " alone between the Government and the County. " The auditing of the County Board is a matter between the Claim- *"■ ant and the County Treasurer." " We are of opinion also that as the County Treasurer is to pay " such accounts as are in question without further than the County officials " authority, he was not justified in postponing payment of the Sheriff's " account until it was allowed and paid by the Government." This last case was decided after the passing of the Law Reform Act of 1868 and its amendments hereinafter mentioned. By the Law Reform Act of 1868 and the amendments thereof 33 Vic, Cap. 8, and 34 Vic. Cap. 29, Ontario Statutes, sections i and 2 of the said Cap. 121 C. S. U. C. were repealed and Section 3 amended. These enactments require that all accounts and demands preferred against the County, the approving and auditing whereof heretofore be- onged to thr v carter Sessions, shall henceforth be audited and ap- proved by a Board of Audit composed of the Chairman of the Court of General Sessions and two other persons appointed annually for that purpose by the County Council at their first meeting each year, no t more than one of such persons being a member for the time being of 6 PREFACK. such County.Ciuncil. Such accounts to be delivered to the Clerk of the I'oace on or before the first day of the niontlis of January, April, July and October in each year, and shall be taken into consideration by the auditors between the first and fifteenth of said months and disposed of as soon as practicable. These Statutes make no allusion whatever to C. S. U. C. Cap. 120, but have reference to the adjustment of the accounts as between the Counties and the otfuials thereof. The law now appears to be that all parties having claims, against the County which were formerly audited by the Quarter Ses- sions shall make up their accounts against the County c, arterly, ending with the months of March, June, September and December, and shall deliver them to the Clerk of the Peace on or before the first day of the months of January, April, July and October, and it is the duty of the Clerk of the Peace to lay the accounts before the County " Hoard of Audit," above mentioned who shall audit them on behalf of the County between the first and fifteenth of the said months of January, April, July and October, and direct the payment thereof, and the Clerk of the Peace shall furnish the County Treasurer with a list of the orders passed according to their priority and the County Treasurer shall as directed by section 4 of Cap. 121, C. S. U. C. pay such orders according to the respective dates and numbers in which the same were passed, but all sums necessary to defray the expenses of the custody and maintenance of prisoners and the accounts of Public Officers and Officers of the Court shall be first paid Then by Circular No. 12, such of the accounts as contain charges for which the Province is liable shall be delivered to the County Treasurer in duplicate on or before the second Monday next after the sittings of the respective Courts of Assize and Nisi Prius and General Sessions of the Peace, and shall include all demands of the party render- ing the same up to the time of such rendering, and reference to the au- thority for the charge; and shall within ten days from the time appointed for such rendering be audited on behalf of the Government by a board o. .-I'.idit composed as mentioned in Circular No. 2, of three auditors ap- pointed by the Government any two of whom shall have power to audit the accounts and when audited, one set of the accounts, with the report * PREFACE, of the auditors thereon, uader their hands shall be transmitted by the County Treasurer to the Provincial Treasurer, in wh. se department the accounts are finally adjusted, and from which the Counties are rcimburs ed all such expenditures as come within the Schedules to Cap. 120, C. S. U. C. or are specially provided for by some other Statute. The accounts are examined in the Provincial Treasury Depart- ment in the order in which they are received from the several Counties, Such of the Counties therefore as desire an early reimbursement should have them prepared and forwarded as soon as possible after audit by tVi** County Board of Audit and payment thereof by the County Treasurer SHERIFFS. SHERIFFS. THE FOLLOWING FKES ARE PAYABLE TO THE SHERIFFS, UNDER HY VIRTUE OF ONTARIO STATUTE 32 ViC. CaP. H, Items marked thus (*) are payahh by the Government. * Notice of appointment to the Associate Justices of Over and Terminer, each ^ AND * Attending the Assizes, per diem * Attending the Quarter Sessions, do * Summoning each Grand Jury for the Assizes or Quarter Ses- sions Summoning each Petit Jury for do. do. For every Prisoner discharged from Ciaol, having been com- mitted by warrant for trial at the Assizes, Quarter Sessions Mayors or Recorder's Court, (i.) ' Bringing up each Prisoner for arraignment, trial, and sentence, in all, for each prisoner, whether convicted or acquitted (2) Drawing Calendar of Prisoners for trial at the Assizes, includ- ing cojiies $ 50 5 00 4 00 12 00 24 00 * Advertising th- holding the Assizes * Advertising the holding the Quarter Sessions. 1 00 2 00 5 00 4 00 2 00 Jl'} !^^a"",' ""^''.'y ^" parties discharged who were out upon Bail nor to I unatics sent to the Asylum, but may apply ,0 parties discharged "^n Bail." (See circular Cir1u{l;'No!^,f)' "''^''^ '" '''■'''"""■' •^'■'"' '° '^"' ^'^"^"-■"tiary or Reformatory. (See Q\rcl\STo. 'I'.'J '"''''^ '° ' ^■■"■'y '''*° ^"' ""'''^'' ^'^'^ '° '-^PP^^'- for '"« trial. (See ^The^ Sheriff- will be nllowed the fee for each .separate arraingnment. (See Circular $ 5° 5 oo 4 oo 12 oo 24 oo 1 oo 2 OO 5 OO 4 OO 2 oo t SHERIFFS. * Every Annual or General Return, required by law or by the Government, respecting the (iaol or the Prisoners therein . . * Every other Return made to the Government * Every Return to the Sessions required by Statute or by order of the Court * Drawing Calendar of Prisoners for trial at the ()uarter Sessions or Recorders Court, including copies * Returning Precept to the Assizes or Sessions , * Conveying Prisoners to the Penitentiary or Reformatory or to another County (exclusive of disbursements), for each day necessarily employed. ( i.) * Arrest of each individud upon a .varrant. (To be paid out of the public funds, or by tlie party, as the case may be). . * Serving subpcena upon each ]jerson. (To be paid out of the public funds, or by the party as the case may be). (2). . . . * Travelling in going to execute warrant or serve subpoena, 10 cents per mile . and the same charge per mile, actually travelled, in returning with a prisoner. 'Where the service has not been effected, the Justices in Sessions to be satisfied that due dilige^ . has been used. (To be paid out of the public funds, Oi ./ the party, as the case may be) 9 5 00 4 00 2 00 3 00 4 00 6 00 2 00 50 (l). To this allowance the reasonable personal travelling expenses of the Sheriff may be added. The disbursements in question are confined to expenses of transport- ing prisoners, constables, &c., accounts of which must be furnished in detail. The fee will be allowed if the SherilT's Doi.ity jjcrforms the service. (See Circular No, I.) ^ By istructions of Mr. Brydges convicts are not allowed on first-class cars on the Grand Trunk Railway. Sheriffs or their Deputies should therefore take second-class fares lor them and their immediate attendants. (2.) Sheriffs and Constables are not allowed mileage for serving criminal subpoe- nas beyond the limits of their own counties except in special cases. County Attor- neys having criminal subjinunas to serve, out of their own Counties will send them to the Sherifl of tlie county where they are to be served. (See Circular No. 11.) If charges are made for the service of sul^pienas the original subpccna with al^davit of service and mileage (if any) mentioning the places from and to and sworn by the party performin;; the service '^hrJ! be r.-.vwanlcd. (See Circular No. 14.) Whe'e the Sheriff serves subptenas or performs other services for the County- Attorney^ of an outer County his account for such services should be sent to the County Treasurer of such outer County as the services were performed for and are payable by such County. 10 SHEJUFFS. * Conveying Prisoners on Attachment Judges Order or Habeasl Corpus to another County exclusive of dishursementsj where no charge allowed by law, for each day necessarilyj employed. (To be paid out of the public funds, or ]:iy the' party as the case may be) 6 oo ■ i * Making return upon attachment or writ of Habeas Corpus.' (To be paid out of the public funds, or by the party, as the case may be) 2 00 * Levying fines or issues on recognizances estreated, or other' process, ^,"5 per /'loo on the hrst ^"100 of the sum levied,| exclusive of mileage at 10 cents per mile to be leviedj under Con. Stat. U. C. Cap. 119, Sec. 3, and on all sumsj above ^100 the same allowance as on executions in civil proceedings * Carrying into execution the sentence of the Court in capital! cases. All such sums as shall be unavoidably disbursed, to bej taxed by the Court or Judge who passed the sentence, (i.)' ■" Attending and superintending the execution in such cases . . \ I ^ Summoning each Constable to attend the Assizes or Quarterj Sessions exclusive of mileage at 10 cents a mile 20 00 SO '■^ Keeping a Record of Jurors who have served each Court \ 2 00 * All disbursements actuallyand necessarily made in guarding pri-! soners, or in their conveyance to the Penitentiary, to any! other District or elsewhere, or for other purposes in the dis- charge of the duties of his office (where not provided for by law, nor herein before specifically); to be rendered in ac- count in detail, with proper vouchers, to the satisfaction of the Justices in Sessions, and to be by them allowed (i.) [11 the case of a prisonev sentenced to be flogged the SheiitTis allowed a fee of $6.00 for his attendance logethei- with his reasonable disbursements in preparing a triangle, cat and straps and man to execute tlie sentence. The Hon. Attorney (.ieneral 28 April 1871. The .Sheriff upon the order of the Judge who provides refreshments and beds to jurors on criminal cases not permitted to separate will be allowed for the same upon producing the said order or a copy thereof together with the account for such refresh- ments and beds cfuly verified or certified bv the said Judge. , sasi ■ilyi :he LIS. he ler :d, ed lis vil er; 6 oo 2 OO 20 OO 2 00 'ed a fee of leparing a ey General ul beds to ;ame iipoa ;h refresh- SHERIFFS. 11 THE FOLLOWING FEES 1 m SERVICES IN CONNECTION WITH THE COUNTY JUDGES CRIMINAL COURT, ARE PAYABLE UNDER ONTARIO STATUTE 1869, 33 Vic. Cap. io. Items marked thus (*) are payable by the Govermuent. * Notitication to Judgo and bringing up prisoner under Judges Wnrrant, including attendance at Court, in all, for each •v oner. ( i ) i oo * Banging up prisoner for arraignment on trial, and for sen- tence, including attendance at Court, in all, for each pri soner, whether convicted or acquitted (2.) * That the Sherift be allowed the fees for serving subpoenas, arrest under warrant, travel to serve or execute a process and conveying prisoner to Penitentiary or Reformatory, the like sum as is provided for in the Act of Ont. 32 Vic. Cap. 1 1 * Attending the sittings of the Court of Chancery. The same fee allowed per day as for attendance at Court of Assize or Nisi Prius. Attorney-General 18 Nov. 1859. (3.) * Attending County Court sittings held under Cap. 7 of the OntarioStatutesof 1869, per day. (See Circular No. 15.) (3) 2 00 5 00 4 00 (l.) Only one notice allowed where prisoner is confined upon several charges. (See Circular No. 19.) (2.) Each separate arraignment as when the prisoner^has found against him more than (Mie indictment will be allowed for. (See Circular No. 19.) Services of a Constable at this Court will bt allowed upon the Sheriff's certificate but no fee will be allowed the iSherifl for summoning him. Sheriffs should make up their accounts for services at the several Courts upon separate sheets. (3.) The accounts for these services should be sent direct to the Treasury Department, Toronto, verified by affidavit and accompanied by the Sheriff's certified list of constables who have been summoned to attend these Courts. The Criers account for attendances at the Court of Chancery should also accompany the Sheriffs. These are not services in connection with the administration of Criminal Justice and should not be included in the accounts of such services. It is unnecessary to advertise these Courts. The expenses thereof will not in future be allowed. In- structions of the Hon. the Treasurer, February i, 1873. 12 SHERIFFS. For services indbr the Jury Law C. S. U. C, Cap. 31, Sec. 161. These fees are wholly payable by the County. For each Panel Grand or Petit Jurors (i) 4 00 Each Copy of Panel i 00 Each summons served on Jurors 25 Necessary travel to serve Jurors, per mile 08 Every certificate of attendance given Jurors For each Jurors pay list and for checking the same per day, and for certifying and returning the same to the County Trea- surer such sum as the County Council by by-law deter-, mines. Sec SS. 143-4-5 of C. S. U. C 20 I). These services are not in connection witli tlie administration of Criminal Justice. !, Sec. i6i. , and rrea- eter- 4 oo I 00 25 08 20 iminal Justice. COUNTY ATTORNEY. IS COUNTY ATTORNEY. QUAR-^ER SESSIONS. Items marked thus (*) arc payable by the Government. In every case of misdemeanour tried at the Court of Quarter Sessions in which costs are jr may be ordered to be paid by a Defendant, the County Attorney shall be entitled to fees as Attorney and Counsel for services rendered in such case, to be taxed by the Court according to the scale of allowance in the County Courts as nearly as the nature of such services will allow such fees in case of conviction to form part of the costs payable by a Defendant, (i.) * In all cases of felony tried at the Court of Quarter Sessions and in all cases of misdemeanour, in which no costs have been ordered to be paid, or if ordered to be paid cannot be made of the Defendant, the County Attorney shall be entitled to receive for the services rendered by him in each such case, the sum of five dollars to be paid upon the Certifi- cate of the Chairman of the Court of Quarter Sessions. (2.) * The County Attorney shall be allowed a per centage of $4 on every $100 of all public moneys coming into his hands. (3.) (i, 2, 3.) See C. S. U. C, cap. 106, sections 3, 4, and 10. For Form of Certificate see circular No. 7. (2. ) County Attorneys are allowed the fee of $5 for the entire case without respect to the number of prisoners named in the Indictment. If the prisoners only sever in their defence but one fee of $5 is payable. If, however, they were tried by Separate Juries a fee of $5 is payable on each case. Wlien Bills are ignored no fee is allowed. Telegrams and postages on criminal business to be allowed. Attorney Gen- eral, 2nd Aueust, i860. 14 COUNTY ATTORNEY. ASSIZES. FOR THE FOLLOWING TARIFF, SEE CIRCULAR No. 4. Items marked t/i IIS (") are payable by the Government. * Receiving and examining all informations and other documents and papers connected with criminal charges for the Courts of Quarter Sessions and Recorder's Courts and drawing Indictment (N.B.— This is the fee formerly received by the Clerk of the Peace, when the duty was performed by that Officer.) * For every copy Subpoena (i.). Fee on receiving and examining all informations and other documents and papers connected with criminal charges for the Courts of Assize and General Gaol Delivery, upon the certificate of the Counsel for the Crown at Ihe Trial that such fee should be allowed : * In cases of Felony (2.) * In cases of Misdemeanour (2.). (N.B. — Half the fee to be charged, if the case having remain- ed undisposed of, from a prior Assize Co^rt, is prosecuted to Judgment. These fees not to be allowed if the County Crown Attorney be also Counsel for the Crown in the case.) •■■ For affidavit and application to Judge of Assize for Habeas Corpus ad test, and W'^rit &c For examining Division Court Clerk's return. (3.) " " Surrogate Clerk's return. (3.) $2 GO o 10 4 00 2 00 2 00 o 50 o so (I.) County Attorneys are requested when they have Criminal Subpa-nas to serve out of their own Counties to send them to the .Sheriff of the County where they are to be served except in very special cases. Those for service within 'the County to be delivered to the Sheriff the mileage and fees for which will be taxed to him alone. See cii'oul.ars N To be paid by the party applying. o 50 o 50 o 50 50 08 o 05 50 50 20 o 08 (i) Each separate arraignment of a prisoner against whom sever.- 1 indiciments are preferred will be allowed for. In all cases of misdemeanour the account shall 2 18 CLEUK Ob" THE PEACE. To be i>aiJ out of the County tuniU. 20. Every Subpoena Ticket, or copy of Subpoe- na, when necessary : (to be paid out of the County funds, or by the party applying, as the case may be) $ cts. 21, Charging the Jury with the Prisoner or De fendant, upon each indictment : (to be paid out of the County funds, or by the party, as the case may be) * 22. Receiving and recording each Verdict of a Petit Jury, in any case of trial by Jury : (to be paid out of the County funds, or by the party, as the case may be) * 23 Recording each Judgment or Sentence of the Court upon a Verdict or Confession : (to be paid out of the County lunds, or by the party, as the case may be) * 24. Making out and delivering to to the Sheriff a Calendar of the Sentences at each Court . * 2=; Certified copy of Sentences sent with the Prisoners to the Penitentiary, after each Ses sion. 26 Making up Record of Conviction or Acquit- tal, in any case where it may l)e necessary :(to be paid out of the County funds, or by the party applying, as the case may be,) per folio of one hundred words 27. To be puid by the tmrty Hliplying. $ cts. Every Copy or Extract of a record or Paper of any kind, requi-ed to be made by Law, or by order oi the Justices in Sessions, or for the Information and use of the Government, when required, and where no charge is fixea by law —if the same shall be less than 10 folios of] 20 00 20 I 00 5° 50 00 50 50 50 10 10 state whether or not costs have been ordered to be paid. (See Circular No. 14.) ^:r::.X^^o^^^ ^ tnal. Attofney-Ge„eral West, u Sept. ,857 CLERK OF THE PEACE. 19 one hundred words each 38. If above 10 folios, then for each folio * 29. Dischargintr any Prisoner by proclamtion . .30. Drawing bill of Costs, including taxation (to be paid by the party), and filing the same where necessary to be made and filed, as in cases of assault, Nuisances or the like, and in Appeals * 31. Drawing out and taking each Recognizance to appear, either of Prosecutor, Defendant or Witness * 32. Calling parties on their Recognizance, and recordmg their non-appearance, for each per- son called : (only to be charged where the, parties do not answer) ■ * 33. Drawing order of the Justices to Estreat and' put in Process : (on the whole list) ' I * 34. Entering any order of Sessions, or of the Chairman with two Justices, to remit any P:streat, and recording an Entry of the ?ame : (to be paid out of the County funds, or by the party relieved, as may be ordered). * 35. Entering and Extracting upon a Roll in duplicate, the fines, issues, amerciaments, and! forfeited Recognizances, recorded in each Session, making Oath to the same, and trans-' mitting to the Sheriff ; * 36. Making ont and delivering to the Sheriff the' writ oijieri-facias and capias thereon '" * 37. Making out and certifying copy of Rolli and return of the Sheriff, and tnansmittinfy it' to the Receiver General .°. . . ! * 38. Making up Book of Orders of Sessions, declaring the limits of the Division Courts, To be paid out of the County I'unda. I CO O 10 To be paid by the party applying. 00 10 50 i 50 25 50 25 00 50 00 50 50 25 25 20 CLEUK OF THE I'EACE. and entering the times and places of holding ihe Courts ♦ 39. Making ov\t and transmitting a copy thereof to the Government * 40. Making out and traosmitting copies (with letter to the Clerks of each Division Court, of ?he Divisions made by the Quarter Sessions * 41. Drawing Orders .f Sessions for altering the limits of Division Courts * 42. Making out and transmitting copies of such Orders to the Government * 43. Making out and transmitting copies of such Orders lo each Division Court affected by the alleralion * 44. For each copy of Schedule of the Division Courts, with the order of Sessions, for publi- cation 45. For every Search under three years : (to be paid by the party making the search) To be paid out of tho County (uiicIh. 46. For the same, extending over three years. 47. For every Certificate required of proof of a Deed, (to be paid by the party applying for the same) 48. For every other Certificate required by Law, or by order of the Sessions, to be given, where the same is vvnder five folios : (to be paid out of the County funds, or by the party applying for the same, according to the nature of the case) 49. For the same, if more than five folios, per folio 50. Copying orders of Court, and causing same toJi I 00 00 I 00 00 50 o 50 50 5° 10 To be ptJd by tbo pnrtjr iippfylag. 20 00 50 10 ;% CLERK OF THE PEACE. 2\ be published, where it is requisite, f- ; cich order, exclusive fthe expense of pul ir '•' a. 5 . Receiving and filing aftkhvit of Bastardy, to be paid by the party producing it Receiving and Hngeach Tender for any Pub- lic work, or supply, or printing, or other ser- vice 53- Making out a list of the several tenders on each occasion, as they are opened, specifying the names, prices, and other particulars, and filing the same, when required to be done by the Justices .54. .55- Drawing bonds or agreements for the delivery of articles, or for doing the work for the Gaol or other County purposes, and attending ex- ecution, when recpiired by the Justices Receiving and filing accounts and demands at the General Quarter Sessions, preferred agains* the County, in each Session, numbering them, md submitting them for audit, and making >ut the cheques ;6. 5/ Making out and delivering lists of orders on the Treasurer, made at each Court of Quarter Sessions, Making out .-^nd transmitting to the Inspector General a return or Schedule of all Convic nons which have taken place before any .! -istice or Justices, or before the Court, each list 58. iSIaking out the annual account to be laid be- fore the Grand Jury at the Quarter Sessions {ride Consol. Stat. U. C, ch. 122), ot the sum necessary to be provided for the maintennnce of insane persons 5y. Vox every report or return required by Statute, or by the Government, where no remuneration To be paid out of the County (unili. 50 25 SO 00 00 CO 00 00 To bo paid by tuo iiarty applying, as <■>•) CLERK OF THE PEACE. has been provided by this Table or Statute . 60. Making out and transmitting a return to the Government of Justices and Coroners who have taken the Oaths, when recjuircd to be done, for each return 61. Drawing every special Order of the Court of Quarter Sessions, necessary to be communi- cated to any party, and entering it on Record 62 Letter, and transmitting or delivery to the party interested or alit'ected thereby " 63. Swearing each party to an Affidavit, where no charge is elsewhere i)rovided for it ; (to be paid out of the County funds, or by the party for whom the Affidavit is sworn, according to the nature oi the case) To be paid i>ut of tho County funds. To be paid the party appfymg. 64. Causing notice to be published of any special or adjourned Sessions, when directed by the Chairman of the Quarter Sessions, or olher two Justices, so to do ; (exclusive of the amount paid the printer for publication . . , 65. Sending notice of any such Session to the Jus- tices individually, when it may be directed by the Chairman, or other two Justices, for each notice 66. Attending each adjourned or special Sessions, and making uj) record thereof Receiving and filing Notices of Appeal, and the Appeal from any Judgment or Conviction by one or more Justices, where an Appeal to the Quarter Sessions is given by Law; (to be paid out ot the County funds, or by the party appealing, as the case may be) 6S. When the Appeal railed on, reading the Con- viction, Notice of Appeal, and Recognizance ; (to be paid out of the County funds, or by the party appealing, as the case may be) 00 00 SO 25 20 00 10 SO 25 20 50 ' SO CLERK OF THE PEACE. 23 ro be paid the party applyiug. o 2a 69. For all other Services upon the Trial of such Appeal case, when tried by a Jury, including the receiving and recording tlie Verdict, the same charges as in ordinary Criminal Trials ; (to be paid out of the County funds, or by the party, as the case may be) 70. 71- 72. 73- 75- 76. 77- Issuing Process to inforce the order of the Court in any Appeal case ; (to be paid out of the County funds, or by the party, as the case may be) 74. Receiving and filing each Oath of Qualification of a Justice of the Peace All Letters written to the Government, all Letters written by direction of the Chairman., or of the Justices in Sessions, to Justices, Cor- oner, or Constables, or others, upon special business connected with the Administration of Justice, or County purposes 50 For distributing the Statutes to the Justices and County Olficers, or others, when directed by the Statute or the Government so to do, and taking receipts therefor from each Justice or Officer For accounting to the County Member for the copies of Stat\ites not called for by the Justices and County Officers, and delivering the same to him, whenever such duty shall be re(]uired by Statute, or by the Government — and no x'o be paid out of the County funds. Making out Warrant of Distress or Commit-;! ment, in any case where no fee is specially as-' i signed therefor in any Statute, or in this Table'' Drawing certificate of approval by the Justicesli in Sessions, of sureties tendered by the Sheriff;'' (to be paid by the Sheriff) : i' Administering Oaths to any Public Officer, ' when authorized so to do; (to be paid by thtv Officer i To be paid by the party applying. 00 00 00 50 25 25 25 10 24 CLERK OF THE PEACE. Other fee allowed. 78. For jaocuring and supplying to Clergymen and Ministers all Books and Forms reiiuired under the Consol. Acts, U. C, ch. 72, fori each Book with the necessary set of Forms . . i 79. For fowarding the Returns directed by the; Census Act, Consol. Stat. Can., ch. 215, annu' ally 80. For receiving and filing Voters' Lists under the! Election Law, Con. Acts., Can., ch. 6, sec. 6. sub sec. 2, each list 81. For attending and producing before County! Judge tlie DupHcate List, when required byj the Judge to do so, under sub-sec. 8 of the! same i 82. For filing each List, Return, or other papcr,^ wliL-re no charge is si)ecially pro\ idcd for, ex-i cept Accounts and Claims against the County.' and papers connected with matters to Ik charged against private individuals ; (to be paid out of the County funds, or by the p;;n\ for whom the service is rendei-ed, according to the nature of the case) To be paid 'i o bo paid out of I by the County the party funds, iipplyinff. CO 25 50 25 50 08 08 CLERK OF THE PEACE. 25 08 THE FOLLOWING FEES FOR SERVICES IN CONNECTION WITH THE COUNTY JUDGES CRIMINAL COURT, ARE PAYABLE UNDER ONTARIO STATUTE 1869, 33 Vic. Cap. 10. Items marked thus {■■■) arc payable by the Government. * Attending and service in Court, and making all necessary entries for each prisoner I^rought before the Judge and not consenting to be tried — in all * For attendance in Court and services rendered at trial making neccessary record of proceedings and all necessary entries including Calendar of conviction for each prisoner. * Preparing Judge's warrant to bring up the body of prisoner and delivering same to Sheriff— for each prisoner, (i).. * Issuir.g writ of Summons to witness when necessary '^' Copy of Summons each * Warrant of Remand when issued and delivered to Sheriff. . * For Warrant to arrest taking and estreating recognizances and proceedings to enforce same, same fees as allowed for like services at the General Sessions of the Peace. 50 2 00 SO 40 20 50 (I.) If prisoner is confined upon more than one charge only (Wc warrant will be al- lowed unless under special circumstances. (See Circular No. 19.) In all cases tried at this court the verdict shall be stated and if the prisoner elects not to be tried at such court the fact shall be mentioned. (See Circular No. 14.) In all cases of misdemeanor the account shall state whether or not costs have been ordered to be paid, this applies also to the account for services at the Sessions (See Circular No. 14.) All accounts shall have the proper date placed opposite the respective charges and shall be verified by the oath of the party making the same. (See Circular No. 14.) The Clerk of the Peace should make up his accounts for services at the several Courts upon separate sheets. 26 CLERK OV THE PEACE. the following feks ark payahlk for services under the jury law Con. S. U. C, Cai>. 31, Sec. 160. These fees are wholly payable by the County. For receiving and examining the Reports of Selectors for each City, Town, Village and Township, causing any deficiency that may be found therein to be supplied and filing the same in his office. For giving Certificates to Selectors of Jurors of duties having been performed For prei)aring in proper form each Juror's Book and superintend ing the making up of the same, besides actual disbursements for stationer's charges For arranging alphebetically and in order the names contained in Selector's Report, per one Inmdred names For making up Juror's Books entering all the names and numbers a;,d all other matters required to be entered therein, per one hundred names For each copy of Juror's Book required by this Act, per one hundred names For each Certificate required to be entered on the Jurors Book to verify sam^; For copy of Jury list required to be entered, per one hundred names For each panel of Jurors drafted from thejurylistper one hundred names on such Jury list For entering each panel in the Juror's Book, with the numbers corresponding to the Jury list For making up aggregate return in detail of Jurors For co[)y thereof and transmitting same to Provincial Secre- trry when required and for oflice copy of the same, each. . For examining and noting services of jurors, per one hundred names for e;ich year under which examination shall be made. See Sec, 81 of Administration of lustice Act of 1874, Ont ■ For every Schedule of Convictions required by C. S. U. C. Cap., 124, Sec, 4 and 5 and Cap., 31 of 32-3 Vic, Dom., Sec, 80--1, besides the expense of publication o sa 50 3 00 2 00 2 GO 2 00 1 GO 2 00 2 OG 2 GO 5 00 2 00 G 50 4 00 , fRV LAW o 50- 50 3 00 2 00 2 00 2 00 1 00 2 00 2 00 2 00 5 00 2 00 o 50 4 00 CORONER. 27 CORONER. //ifww marked thus (=f-) are payable by the Gffi'ernment. "*' Precept to summon Jury * Impanelling a Jury * Summons for Witnesses, each * Information or examination of each Witness * Taking every recognizance, (i) "' Necessary travel to take an inquest, per mile. * Taking inquisition and making return Every warrant. (2.). $0 so I 00 25 25 5° 20 4 00 I 00 The question a= to when it is necessary to hold an inquest is often o'le of very great delicacy. Coronors have been known to be in readiness, to seize tbe body as soon as the breath leaves it. Men of this stamp bring great discredit upon a high and hon- ourable official position. When Coronors are called upon to hold an inquest, if they would take the information of the person tendering it, upon oath and in writing they would in a large measure relieve themselves from the charge of meddlesome in- terference which is too often made against them. Such information should be suffi- cient under the first clause of the Act respecting Inquests by Coronors Cap. 125, C. S-.U. C., to warrant the holding of an inquest and should be filed, with the'ln'- quisition and papers, with the County Attorney ; whereupon the County Attorney will grant his certificate of the fact of such filing and will sf.te therein whether or not in his opinion, from the papers filed with him, the Inquest \\as necessary. This cer- tificate should be attached to the Coronors account for holding the Inquest. See cir- cular No. 14. (i.) In cases where the witnesses are bound over to appear and give evidence at the trial of any of the Courts, all should be entered in one recognizance, unless there are very special circumstances which prevent it. (2.) The purpose for which the warrant issues should be mentioned. Coronors when preparing their accounts will observe the requirements mentioned m Circulars Nos. 8 and 14. When mileage is claimed, places from and to shall be mentioned. An aceount.s shall have the proper date placed opposite the respective charges, and shall be verified by the oath of the party making the same. See circular No 14. Expenses of interment or exhuming the body, coffin, &c., are payable by the county. If the attendance of a medical practitioner is required at an Inquest, he shall re- 28 coroner's constable. CORONOR'S CONSTABLES. Items marked thus (-) are payable by the Government. * Summoning Jury for Coroners Inquest including attending at Inquest and all services in respect thereof, if held on the same day as Jury Summoned * Attending each adjournment thereof if not engaged more than! four hours ' Do. if engaged more than four hours . - Serving Summons or Subpa'na to attend before Coroner (Subject to No. i.) * Mileage serving same Exhuming body under Coroner's Warrant. Re-burying same. 2 00 I 00 I 50 25 10 2 00 2 00 ceivefor such attendance if without a /oj-/ ;wM7« examination. «<; if with -, ^n.f $.0 Tf wiurr; "' r''"^' '" ""'r^ °^ '"^^ -"^'^"'^ of the stofnach o inte^tiifes ^ h/l, . "^"'y'" ?^°' '"S^"'^^'' ^-''h the sum of 20cts. per mile for each .l,}^^'"'" =^.,^'''"{''"""'" of Chemistry is reciuested to make an analysis by the direction of The hire of a ,00m in ,vhicl, ,0 h.J.l an Inqne.t is not chargeable 1„ the Government See Constables Tariff p. 31 ' ^"^ ~ '"" When mileage is claimed, the places from and to shall be mentioned ^w'^^tZZ^TTT' P''?'=^VPP-i'- the respectiye charges and B in Schedule. .See Circular N^/r'^' "^'-^=^'"5 the san.e. .See form of oath, form the'^o^n^y.""' ^'' '=°''"' "^'""'"S ^"'^ '^"'•y'"^ th'^ ^o'ly« &c., &c., are payable by 2 OO I OO I SO 25 ID 2 00 2 00 im CORONER'S CONSTABLE. 29 MEDICAL WITNESSKS ATTENDING INQUEST ON THE ORDER OF A coRONOR. See C. S. U. C. Cap. 125, S. 10. llicsefees ate iv holly payable by the County. When any legally qualified Medical Practitioner has attended an Inquest in obedience to an order from the Coronor he shall be entitled to the following remuneration to be paid by the County T'-easurer, on his presenting his account in duplicate certified by the Coronor For attendance a.t Inquest without a post mortem examination. For attendance if with a post mortem examination without an analysis of the contents of the Stomach or Intestines For attendance if with a post mortem e.xamination, and analysis of the Stomach and Intestines Mileage for each mile he has travelled to and from such Inquest such travel to be proved by his own oath to the Coronor, who may administer the same, (i.) 5 00 10 00 20 00 o 20 (I.) The number of miles should be stated in writing, and places from and to. should be mentioned. :}(> CONSTABLE. CONSTABLE. Copy of an Order in Council approved by His Excellency the Lieutenant-Governor, the Twenty-fourth day of July, 1874. Upon the recommendation of the Hon. Attorney-General, the Com- mittee of Council advise tiiat the fees in the table annexed be fixed by your Excellency as the fees to be taken by Constables, for services ren- dered by such officers in the Administration of Criminal Justice, or in any proceedings had before Coroners or Justices of the Peace. Certified. (Signed) GEO. B. NICOL. For Clerk Executive Coiiiteil, Ontario. 25th July, 1874. TARIFF OF FEES TO BE TAKEN HY CONSTABLES. fteins marked tlius ( ■ ) are payable by the Govcnunent. ■■'• I. Arrest of each individual upon a warrant '■• 2. Serving summons or subpoena '• 3. Mileage to serve summons, subpoena or warrant * 4. Do. when service cannot be effected upon proof of due diligence ■■ 5. Do. taking prisoner to gaol, exclusive of disuursements necessarily expended in their conveyance '■ 6. Attending Justices on summary trials, or on examination of piisoners charged with crime, for each day necessarily employed in one or more cases, vAxen not engaged more than four hours * 7. 1 )o. when engaged more than four hours . ■' 8. Attending Assizes or Sessions each day . . . * 9. Mileage travelling to attend Assizes, Sessions, or before Justices, (when public conveyance can be taken, only rea sonable disbursements to be allowed) $1 50 o 25 o 10 o 10 o 10 I 00 I 50 T so O 10 CONSTABLE. 31 ellency the ■al, the Com- be fixed by services ren- ustice, or in :e. NICOL. 4ndl, Ontario. due lents ation warily more $1 50 o 25 O 10 O 10 o 10 icfore rea- I 00 O lO 10. Summoning Jury for Coroner's inquest, including attend-' mg at mquest, and all services in respect thereof, if held on' same day as Jury summoned \% 2 00 11. Attending each adjournment thereof, if not engaged more than four hours , " 12. Do. if engaged more than four hou rs. * 13. Sersing summons or subpoena to attend before Coroner, (subject to No. 10) * 14. Mileage serving same 15. Exhuming body under Coroner's warrant. 1 6. Reburying same 1 7. Serving distress warrant, and returning same 18 Advertising under distress warrant ' j 00 I 00 1 50 o 25 10 2 00 2 00 1 SO 19. Travelling to make distress, or to search for goods to make distress, when no goods are found 20. Appraisements, whether by one Appraiser or more, two cents in the dollar on the value of the goods 21. Catalogue sale and commission, and delivery of goods five cents in the dollar on the net produce of the goods 22. Executing search warrant (i) o 10 23. Serving notices on constables, when personally served. , I 50 50 All Constables fees for services in connection with prisoners charged before Justices of the Peace with other than Indictable offences are payable by the County. The fees in -le case of a prisoner charged with an indictable offence, who is not committed for trial before a Court of Record, but the case is dismissed by the Tustice are also payable by the County. See ircula ■ '^^o. 9. j j > Constables must state in their accounts Uk ature of the crime upon which th. prisoner was arrested, and whether lie has been tried or held over for trial before the Assizes (Quarter Sessions or Recorder's Courts. .See circular No. 9. ciiSTno''' ^°^' ^^' ""'" ^'°'"^ '" ''"'''^''' ''°^"' ''''■'' °^ conveyance. See Constables shall have attached to their accounts the magistrates certificate that the s^ervices were performed Fnr form of ceni.fi.cate to he .ittached to accouiib payable by the Oovernment, see Form C. in Schedule. ^ ' Where mileage is claimed, places from and to shall be mentioned. Assistant constables shall foi ward their own accounts certified bv the Magistrate that the charges are correct, nr,d that assistance was necessary. For form of certifi- 32 ORIER. rtm.. marked thus ( *) are /^.y able by the G.nu-rnment. (.aol Delivery ;in(l(,),K,rtcr Sessions ^'Uicral 20 * Making every other proclamation, ... I I ao * Calling and swearing Grand Jury j "^ Calling and .swearing every Petit Jury ; * Calling and swearing every Witness or Constable '' ' Attending Ass izes and Quarter Sessions, per diem. ( i ) ! r ol cate to l)e attached to accounts i)a^^abi77)v~thr^7v!r ~"" Scliedule. ^ ^ "^ '"^ Oovernnient see Form E. in The account must also shew for wlinf ,...;,^„ .u or no, he has been committed o t^af or 'nil h'/r"" ^'"^ ^--^^^^f^''- -^"'l whether have the , .roper dates p'aced onno e tl^ r, i H ," ^"eP-^^'l- All accounts shall the oath of tl>e party 1-U.rminy IlK^serWce. 'l^irdrcS Nol ■^''''" ''^' ^•'-■"'''-^ ''^ cira.la?Na ''.'^' '^'"^'^ '"^ ^^^-^""^' - .^-y at night is adnussible. See I>SmiS;fTZr ''^Th^^£^1Xmi:;;r '""'t -^ '^^ ^' ' -^ ^^^ •>- ^--sury County Treasurers will then include them in hi ' ""'' f "■''l'^'' ''>■ '^^ Sheriff. The payments will be ma-;iI k« -11 1 1 , ■— / "''^ t--c auuv.-cu -.men the _^ Deputy Sheriff performs the service. (i). See Circular No. 19. (2). See Circular No. 14. 31 ADMIMSntJ^TroX OF CRIMINAL JUHTICR. ery, 1 oBUigo, &<.. vmcial Covernment. ^J^ Monthly Raunu of Prisoners in The fee for the.se returns appears to "-yuuic of fJ^ ^^;:^7'""^e°ded that the several Officers make out their accounts offees, &c., for services connected with Criminal Justice payable bv the Government, distinct from expenses payable by the County hat the date when every service was performed be given and that the nn ure of the offence for which parties were arrested' t i^'d &c., b s ated especially in the accounts of the Sheriff, Clerk of the Peace Con'stabS&c It IS recommended that fixed salaries or allowances such^^ The Gaoler's account, or the accou-U of expenses of maintenance of prisoners, should specify the name of each prisoner, the offence for tennt'^T"''"?; ^^ ''^''l '"^'^'"''y -°"^"^'"ed !o Gaol.'period o n a n- tenance charged for~excluding debtors, lunatics, indigent, c\:c.-the ex- t'oXVovtren?"'"^' '-' """^"^^^' ^""'^^^ -'>-'^-^^ ^'-g-bl' Circular No. 2. /•.■.'•v.7;.,:-.V/;r fAe Infonncttion ,/ the County Audihrs and Treasurers of Cur' '-s Upper Canada. " ' CRIMINAL JUSTICE ACCOUNTS, UPPER CANADA. Extract from the Order in Council, dated loth Aug. , 1846. A jr^.f''\V''^'' ou^°"^'o '■% l""-" P''i)™eiU of which the Province bv the Ac^9th Vic, Chap. 58, I S hable, shaU J^ rendered in duplicate to the (3). Overruled. .See Circular No. 5. ' 38 ABMINISTILITION OF CRIMINAL JUSTICE. Pro™.., .,„d .^ Jerr;?f„.tH^ r, ^^^l J "/-'^ - *' places from which and to which the mil. o-.' ^''^''" ''^^'"S ^^^ number of miles and in nn .o V \ u ^'^ I' reckoned, as well as the the i„forL.i„„ Tf t RS°cyr„"SLj^ ^ ^^ "■"' """^^ - fo' Signed, [TKUE EXTRACT.] "^^^n^^ DICKINSON, J X'-^M^y Inspector General. Circular No. 3. Inspector General's Office, GENTLEyEN:— Toronto, November 8th, '1858. to Constables in certain cases :- "' '° '>' """""^"i E«c:«irSov?rrnf irs°uf crta"f H°"'^ and by command of ,h= vnKe. a fair allowancT'ouT'o b™t .Slo"'""'"' "' *= ""'o- cover cApcnScs , DUt f '•) See Circular No. 20. ADMINISTRATION OF CRIMINAL JUSTICE. 39 in no other case is a Constable entitled to any allowance for the pnr- suit of a prisoner beyond the limits of the Province. 2. That a Constable who pursues a criminal from county to county under a warrant pr, crly endorsed, is entitled to charge as much as tf the arrest were made m his own county. ,, , ^.r ^^^^ charges for assistance ought to be disallowed, on the ground that If assistance IS required, a second Constable should be called in htwirrequ'ed '' '"°"'' °" *'^ ^"^^'"^^ '' ^^^ Magistrate th"t I have the honor to be, gentlemen. Your obedient servant, WM. DICKINSON, The Government Auditors for the County. ^ '"^ ' ' Sir, Circular No. 4. Department of Attorney General for U. C, Quebec, 31st May, 1861. ernl Ir TT r^ to infotm you that the Honorable the Attorney Gen- nor CenYff '.^f"'"^'' having brought under the notice of the Gover- nor General, that certam duties were imposed on County Crown a[ torneys under the Statute for which no remuneration is given ffis Ex- cellency has been pleased to approve of an order in Council for a Regxiiation under the io6th Chapter of the Consolidated Sta'uterfo? n^Fd^tn r ^"f ^''"^'■'^"^"S the following Memorandum of fees to be paid to County Crown Attorneys for such services :~ Receiving and examining all informauons and other docu- ments, aiid papers connected mth criminal charges for the Courts of Quarter Sessions and Recorder's /XT x> r^i^' '"^"^ drawing Indictment «» q^ (N.ii.— This IS the fee formerly received by the Clerk of Officer^r^' '^^'''^ *''^ *^"^^ ""^^ performed by that For every Copy Subpoena Fee on receiving and examining" all 'informations "and other documents and papers connected with criminal charges for the Courts of Assize and General Gaol Delivery, upon the certificate of the Counsel for the In caseT:? Jlll^' ".^.^ .^.^f! '^^^^ ^^ f ^-^<^ ^^ allowed : In cases of Misdemeannr, , . '^ ^^'^Z^fJ '^^-^'^ tobe'chargedi'if'the'oiVeha^ingre- ' mamed undisposed of, from a prior Assize Court is prosecuted to Judgment. ' o 10 00 00 40 ADMINISTRATION OF CIIIMINAL JUSTICE. These fees not to be allowed if the County Crown At torney be also Counsel for the Crown in the ca"e ) For afhdavit and application to Judge of AssTe for ^fc^^'eas Corpus a^/esA and Writ, 8ic ^^^ucloi For examining Division Court Clerk's retum'(iV) o co Surrogate Clerks return (2.) . ^ 1° certificate th^rffi,'')"' "-^^"^ "^'"'^ quarterly/and For Postages per (luarter. ... "^ °° For attendance on Judge of the ' County' "coun" by 'his ' ''° nvSe1n-'r''''°" \" writing-whlre application made by Prisoner to be allowed to Bail . . i 00 ment^Retunr rlmr^ed^bv The 8^^""'^ ^'^^' f ^'^^^""^^^ E^^- amounts of fees S ch nL t %' w^ state the several aggregate scale above mentioned. ^ ^^' ^''" ""'^''' '^' it^'>"s of the ■I ha\e the honor to be, Sir, Your obedient servant, To County Crown Atto.ncv. ^- ^FRNARD. Sir, Circular No. 5. Inspkctor General's Offick, Quebec, 6th March, 1863. Upper^Can^d??v *■' ° 1 'r''' ^'■°''" having had under consideration the nSiiS^L^n- mor: dered on ^l- atr Te'^t ^'f \"'^"" T ^^"^ '^'^ ---nabrdaims ren- braced und r he foHow n/ l^'^t'^ "^' "'^"^^ '"^>' J-^^'>' ^^ -- against the ConsSid^lLTRfvenue 'viz'- '' '°"''"^' ^" ^'^^^^^^'^^^^ -P^/;^:---nS^ ed in'the Judge'r-rrrlff '°f4') ^""""^^ ^"^^^^^ ^°^ ^''"^'^ ^ ^^^ ^^ P^vid- Govemm'^ilt^wE'i'?'?™'^ to, or towards, or at the request of the Tariff' or not ^'' '' ^'"'"'"^'^ ^"^ '^' «^"^^ ^^ Statute or by the H-J Uveiruled, see circular, \o. 6, ADMINISTRATION OF CRIMINAL JUSTICll 4[ or Convicts, under Consol'idated S.a°:,.;"cSa' ChapT-r" of "°""^'' candles, cookn,g utens.ls and others, washing and cleanhlg Gaol ^' Claimants for mileage will be required in every case tn st.t, ,1,. ravelW h.' :i,°l y^ "° '='"'= =''"'" "°"= *»" *= actual number of muS r ^L^frt^H-r fo th:;,s:re™'e" '' ™'=' *"" "■= ■^'^'-^ '"^ Housi'";^'"""^ °""?'' '■"'■"'""■'=. light, and necessaries for the Court c"adm.CoT,nM r" ""p'^»<"»" been ordered to be paid by the Defendant, the same cannot, after due effort, be made of the Defendc^.it ; " Enclosing printed Blank Forms of the two Certificates, 1 have the honor to be. Sir, Your obedient servant, WILLIAM DICKINSON, n^ Z?. /. G. The County Crown Attorney, County of AW^.— The same forms are required to be observed with reference to Bills for services rendered at Ihe County Judges Criminal Courts. Circular No. 8. Inspector General's Office, Quebec, 26th January, 1864. I am desired to inform you that in order to obtain more definite information ?s to the cause of death in every case in which an inquest has been held, it will be required of Coroners to state in their accounts -m future, the Tcrdict of the jury under the following heads, viz. : Murder, Manslaughter, Justifiable Homicide, Suicide, Accidental Death, specifying cause. Injuries, causes unknown, Found Dead, Natural Death. i u ADMINISTRATION OF CRIMINAL JUSTICE. You will therefore defer any account that does not contain the necessary statement, and return it to the Coroner to be filled up as required, before presenting it to the Auditors for examination. It is desirable also that the Constable's Accounts for services on inquests should be rendered separate from their other claims, and you will please notify them to this effect. ^ , I have to add that in entering the Criminal Justice ciaims in your schedule of accounts, it is the desire of the Finance Minister that they may be arranged in the following order, viz. : Sheriff, Clerk of the Peace, County Attorney, Coroners, Constables for Inquests, do for other services, CUIER, Gaol Salaries and Expenditure, Miscellaneous. Enclosing a copy of this circular for each of the Government Auditors for the County, 1 have the honor to be, Sir, Your most obedient servant, WILLIAM DICKINSON, The Treasurer for ih- County. nQ-^uiy Inspector General. Circular No. 9. Lnspector General's Office, Quebec, ist March, 1864. .^IR, I have the honor to inform you, that in future. Constables will be required to state in every Account for Arrest or Conveyance of Prisoners, the nature of the crime upon which the Prisoners were arrested, and whether they have been tried, or are held over for trial, before the Assizes, Quarter Sessions, or Recorders' Courts. _ You will, therefore, defer any accounts that may be deficient of the required information, and return them to the Constables for correction, and the Government Auditors for the County will charge against the Government the expenses of such cases only as have been, or are to be, tried on criminal charges, before the above named Courts. I have to add, that in the Coroners' Accounts for services at Inquests, the names of places from and to which the journeys have been performed, will be reciuired iu every claim for mileage. Enclosing a copy for each of the Governmeut Auditors, I have the honor to be, Sir, YouT Obedient Servant, WILLIAM DICKINSON, The Treasurer, County of . D. I. G. I he necessary uired, before services on ms, and you lims in your [er that they Government ant, KINSON, ' General. irch, 1864. ibles will be )uveyance of •isoners were Dver for trial, eficient of the or correction, ;e against the or are to be, \x services at eys have been .rs, :kinson, . G. I ADMINISTRATION OF CRIMINAL JUSTICE. Circular, No. 10. 45 Sir, Treasury Dkpartment, Ontario, Toronto, December 30th, 1867. Hereafter, all Criminal Justice Accounts, chargeable against the Province of Ontario, must be sent to this Office for examination and payment. Items charged for services rendered prior to tho first day of July, 1867, are not chargcab'. .0 this Province, but against the late Province of Canada, and will be paid at Ottawa. Under the item of " Prisoners discharged from Jail," the Sheriff of your County must hereafter specify for what crimes prisoners discharged were committed, as this item does not apply to prisoners sent to the Penitentiary or Reformatory Prison ; nor to parties discharged who were out upon bail ; nor to lunatics sent to the Lunatic Asylum ; or to any parties except those committed for trial at the Assizes, Quarter Sessions or Recorders' Court, (i.) Your attention is called to the various instructions issued from time t( time from the Inspector General's Department of the Late Province of Canada, by which you will be guided until directed other- wise by this Department. I enclose you a form to be used hereafter by Sheriffs, as a voucher for their disbursements incurred in conveying prisoners to the Peniten- tiary, Reformatory Prison, or to another County. I also enclose you a number of Schedules of Accounts and Prison Returns. The postage upon letters to this Department must be pre-paid until further notice. I have the honor to be. Sir, Your obedient servant, E. B. WOOD, Provincial Treasurer. To the Treasurer of the County of Circular No. 11. Treasury Department, Ontario. Toronto, February 19th, 1868. Sir, I have the honour to inform you that, in future. Sheriffs and Con- stables will not be allowed mileage for serving Criminal Subpoenas beyond the limits of their own Counties, except in special cases. (i) .Sci; Circu ar No. 14. 46 ADMINISTRATION OF CRIMINAL lUSTICF. I County Crown Attorneys are reciuesiod, when they have Criminal Suhi)oenas to serve out of their own County, to send tliom to the bhenffor the County where the> arc to be served, (i.) I have the honor to be, Sir, Your obedient servant, E. B. WOOD, Treasurer. Circular No. 12. Treasury Departmknt, Toronto, 22nd March, 1869. Criminal Justick Accounts, Ontario. Extract from an Order in Council, dated the 22nd ,hxy of March 1S69. " That all accounts connected with the Administration of Criminal Justice, for the payment of whicii the Province of Ontario is "Se hall be rendered m duplicate, to the Treasurer of each County or Union of Counties, on or before the second Monday next after the sittings of the respective Courts of Assize and Nisi Prius and Gene a! Sessions o the Peace, and shall include ail demands of the nartv rendering Uie same (i)ayable as aforesaid by the Province) up to the time of such rendering, and reference to the authority for the charge • Ihat each account shall be verified, by the oath of the imtv that It IS just and correct to the best of his knowledge and belief anH m cases where mileage is charged, there shall be an affidavit staing the places from and to wh.ch tlie mileage is reckoned, as well as th! number of miles, and in no case shall more than he altual m les travelled be allowed, or a greater number of miles than the d stance from the Court House to the place of service aistance "That any two of the Board of three Auditors, in each County or Lnion of Counties, now appomted or who may hereafter be appoimed shall have power to audit the accounts which shall have been rendered tothe lreasurer,and that sucii audit shall be made within ten davs from he time appointed as afore-^-.d for the rendering of such account? and that every account so rendered to the Treasurer, which shall be made out and verified as aloresaid, shall be submitted to the sa^ Board, who shall also have power to call upon the claimant for anv information they «ay require, and that one set of the accounts when audited, witli the Report of the Auditors thereon, under theihaTds shall be transmitted by him to the Treasurer of the Province to be bv him reported on for the information of His Excellency in Council ^ of tl,. "" '^ '^"^ ^?>'" ^''^ '''"'°""^ "^"^"y ^'l°^^ed be issued in favor of the proper treasurer." ^^ "■ lavur .3^^- MATHEWS. (I. ) The Sheriff of the other County who performsthese servrc^}^,M~iI^ his account for such services to the County Treasurer of th^ rn,T ™< ."^ender services were performed. ^ ireasurci ot the County, for which the wf ve Criminal hcni to the r^OOD, cli, 1869. irch iS6g. of Criminal is liable, County or t after the id General the party "P to the J charge. the party, belief, and stating the I'ell as the itual miles e distance County or ippointed, 1 rendered I ten days I accounts, ii shall be ) the said It for any ints, when eir hands, , to be by ncil. d in favor SVVS. ould render »r which tht ADMINISTBATION OF CRIMINAL JUSTICE. Oircolar No. 13. 4T Sir, Toronto, 3rd Junk, 187 i. My attention has been called to a misapprehension which exists, respecting the respective duties of auditors appointed by the General Sessions under the provisions of 33 Vic, cap. 8, and the Govern- ment Auditors appointed under Consolidated Statutes of Upper Canada, Cap. 120. The duty of the Au, -tors appointed by the General Sessions is to audit all accounts payable by the Counties, although the Counties may be en.itled to be afterwards re-couped as to some of these accounts by the Government. The Government Auditors should audit all accounts relating to the Admiiiistration of Criminal Justice including the payments which the Counties may have made to different officers, although these accounts may as between these Officers and the Counties, have been previously audited by the Auditors appointed by the Sessions. The cases, Corporation of Lambton 7'^. Poussett and Poussett vs. Corporation of Lambton, 21 U. C. R. 472 and 22 U. C. R, 80, shew that the moneys required for the payment of the different accounts rendered to the Counties, should be provided and paid in the firat place by the Counties. Your obedient servant, J. 3. MACDONALD. Circular No. 14. Treasury Dipartmbbt, Toronto, 5th December, 1872, Administration of Criminal Justice, Ontario. Remarks on Charges Payable by the Ontario Government. The Honourable the Treasurer submits for the consideration and guidance of the Boards of Auditors of Accounts of Expenses of Admin- istration of Criminal Justice, in the several Counties of Ontario, and all other parties concerned, the following observations with respect to some of the items of charge in the Tariff : — Sheriffs. I. The Sheriff will be allowed the fee for the discharge of all prisoners from his custody, confined upon indictable offences ; this will include those sent to the Penitentiary and Reformatory. 48 ADMINISTIUTION OF CRIMINAL JUSTICE. agamst h.m more than one incJictnicm ' '""" ^'"^^ ''^'^ '"""d on.f „:^u;rrL iis^;;?^^:^; '- -''^' "^ '^^^ oatn. or ...t r^^^'^Z.'^it^:^!:-;- ^^|"''l«--. the original P'a <"= '""l at .such 2. In all cases of misdenu-mr^r ^u not costs have been ordered to be p^id '''°"°' '''"" '^''^' ''^''^'<^' or C' the oath'of the ;ir^;y nSkSng 2 Accounts shall be rendered in duplicate to the Treasurer of each County or un.on of Counties .luarterly, and shall correspond as nearly as possible with the quarters ending with the months of' March June, Sep ember, and December, care being taken that one nuaS accounts does not run into another, and such accounts shall inc ude al fencing. ' '''"' '""'^"''"' "^' "'^"^'' "'' ^° '''' '''''' "^ '"'" 3- All accounts for Gaol Supplies and Expenditures, except sup- plies of wood, shall conform strictly with the last preceding rule be prtpaki "■'^'''" °" """ '"''"'''' ''°""^'*'''^ '''^^' ^his Deparhnent should ADAM CROOKS, Treasurer. Circular No. 15. '1RKA.SURV DePARTMKNT, ONTARIO, gjj^ Toronto, 5th December, 1872. In future Sheriffs will be paid by this Province for their attendance at County Court Sittings, held under chapter 7 of the Ontnrio Sta utes Ses^S,?^!:;^^:^;"^ '-' ''-- - '- --->-- - ^'- ^^-era, allowed.Vir"'^''"''^ of necessary constables at such Courts will also be I have the honor to be, Sir, Your obedient servant. ADAM CROOK.S. To the Sheriff of the County of Treasurer. 5iili£ps!S:SSK« ADMINISTRATION OF CRIMINAL JUSTICE. 51 Circular No. 16. irtment should •ts will also be Treasury Dkpartmknt, Toronto, 12th December, 1872. Fk.es to Coronkrs' Constaki.ks. The Fee of $2.00 shall cover all services of the Constable for summoning the Jury, AVitnesses, and attending the Inquest for the first day. If any number of miles has to be travell d to summon witnesses mileage will be allowed in addition. If the Inquest is adjourned, in addition to the fee of $1.00 for every other day, he will be allowed the services of summons upon witnesses served ujion that day, together with mileage as above. ADAM CROOKS, Treasurer. Not-:.— Sec the new Tavifi" "Constables." Circular No. 17. Treasury Department, Ontario, Toronto, 17th March, 1873. Sir, I have the honor to request that when certifying that Coroner's Inquisitions and papers connected with an Inquest have been filed with you, you will be kind enough to state whether or not the ''formal information;' mentioned in the circular dated sth December, 1872, " Coroners," was also filed. 1 have the honor to be. Sir, Your obedient servant, ADAM CROOKS, Treasurer. To , County Attorney. Circular No. 18. Treasury Department, Ontario, Toronto, 24th April, 1S73. In future the Certificate granted by you to the Coroner, that the inquisition, formal information and ]m]iers in connection with the 52 ADMINISTRATION OF CRIMINAL JUSTICE holding of an inquest, have been filed with you, should also state whether ornot It appears from the informatio,/ and papers fied that there was sufhc.ent grounds to warrant the holding of anCuest withfn the meaning ot the " Act respecting Inquests by Coroners." accoum' '^'' '^'^'''^ ^°" '''" '"'^"^^ ^ ^'" °f °°^ d°"^r i° your I have the honor to be. Sir, Your obedient Servant, ADAM CROOKS, To Treasurer, County Attorney, County of Circular No. 19. Remarks on Charges payable by the Ontario Gmiernment. The Honourable the Treasurer submits for the consideration and guidance of the Boards of Auditors of Accounts of Expenses of Admin istration of Criminal Justice in the several Counties of Ontario, and all other parties concerned, the following observations in respect to some of the Items of Charges in the Tariff. I. "Bringing up each pris- "oner for arraignment, trial "and sentence — in all for each "prisoner, whether convicted " or acquitted." Sheriff. , Does not apply to a party who is under bail to appear for his trial. 3. " For every prisoner dis- " charged from Gaol, having " been committed by Warrant •' for trial at the Assizes, &c.' Does not apply to parties discharged who were out on bail, nor to lunatics sent to the Lunatic Asylum, but may apply to parties discharged "on bail '' 1 he Sheriff" will be entitled to one fn.- for discharging a prisoner from Gaof not for discharging upon each indict- ment. 3TICE. I, should also state id papers filed that of an inquest within roners." 3ne dollar in your rant, [ CROOKS, Treasurer, otiernmeftt, consideration and tpenses of Admin- f Ontario, and all n respect to some arty who is under is trial. .rties discharged, il, nor to lunatics Asylum, but may larged "onbail.'- itled to one fee soner from Gaol, ipon each indict- ADMINISTRATION OF CRIMINAL JUSTICE. Clerk of the Peace, Fees under Tariff, 33 Vic, Cap. 10. 58 " Certified copies of Senten- " ces sent with prisoners to the " Penitentiary." The prisoner !■ having been tried at the C. J. C. C. No special remuneration is provided for this service at this Court, and there- fore cannot be allowed. " Warrant to bring up &c., " for each prisoner." " War- " rant of Remand, &c." Treasury Department, 2nd September, 1873, In case the prisoner is in Gaol on sev- eral charges, the Sherift'should include all charges in his notice to the Judge. The prisoner then, if possible, should be tried on all charges on the same day. In cases where this is impos- sible, several Warrants to bring up prisoner for trial, &c., maybe required, but such cases should be exceptional. ADAM CROOKS, Treasure?, Circular No. 20. Treasury Department, Tormito, 14th March, 1874. Administration of Criminal Justice, Ontario. kemarks on the Payment of Accounts of Officials for Services in connection loith the Administration of Criminal justice. The Honourable the Treasurer submits for the consideration and guidance of the Boards of Auditors of Accounts of Exi)enses of Administration of Criminal Justice in the several Counties of Ontario, and all other parties concerned, the follort-ing observations : — The Law Reform Act of 1868, 32 Vic, cap. 6, sub-sees. 2 and 3 of sec. 9, and amendments thereof, ^t, Vic, cap. 8, .sec 2, and 34 Vic, cap. 29, sees. 1 and 2, recjuires that all accounts and demands preferred against the County, the approving and auditing whereof heretofore belonged to the Quarter Sessions, shall henceforth be audited and approved by a Board of Audit, composed of the Chairman of the Court of General .Sessions of the Peace, and two other 'jersnns v.'ho shall be appointed annually for the purpose by the County Council at their first meeting in each year, not more than one of such persons being a. member for the time being of such County Council ; and that such 54 ADMINISTIUTION OF CRIMINAL JUSTICE, accounts and demands shall henceforth be delivered to the Clerks of tSv and oT r ^'^'''' '^'' ^''' "^^y ^f ^h^ "^°»ths of Jamuvry torn July and October m everv vear nnrl «lnii u-^ f,i • J"""-''^y» -^P"'* of a7'''coSn't for^servf""'^' '^^'"'''"''"'^ '" '''^'''' P^^>'"^^'^^ ^^ ^" official Corporation ok Lambton 7: Poussett, 21 U. C, R. 472 PoussEi- 7'. Corporation ok Lamiston, 22 U C R 80 an,™„. pa.e. ., .,. Board ^o;^L^ s„:;^s.;L'r ^f'^s; was held as follows :— ^^'ncoln, 34 u. C. R. i, it ''beforrihrfirTd.vs'o? t' ""''''''' f ''. ^'^^^'^^'^ ^^ ^^e Peace on or The (juestion to be decided Avas "suchTcco,mK°'',°'''"'°" '■'''° "I'" "" ""= f-'oo^ty Treasurer is to pay ^ffiaai •: or"/I!>;"sT:f^^Hr?°''' '■""'■"• ""» "" Co/m? " ShPviffv n^ P' M • "°^ justified in postponing payment of the Sheiift s account until it was allowed and paid by the Government." ADAM CROOKS, Treasurer. (t < ...>«pi ILL. to the Clerks of of January, April, nto consideration said months, and lent to an official VdminLstration of "d of Audit above C, R. 472. C. R., 80. should make out ti audited by the payment of the ;r out of County AND THE COR- U. C. R. I, it the Peace on or )ctohet of each iit between the pay the Sheriff's )f Audit, until it " it paid over by are of opinion uitiiority to pay 1 shew that the at if they were iou receiving it, ;nt is a matter r between the isurer is to pay m the County jayment of the Government." )KS, Tnasurer, I ADMINISTUATIUX Ol" CIIIMINAL JUSTICE. PRISON DIETARIES. 55 The foilowmg scale of diet prescribed by the regulations, and which IS now m general use, was framed with a view to rendering Gaol fare a material element of prison discipline, and while it is sufficiently hard to eftect that desirable result, it will not be denied by those competent to judge of the matter, that an average weekly allowance of 350 ounces of solid food is sufficient for the health and nourishment of men and women confined m Gaol with little exercise, ar 1 still less hard labour to perform, of which no better proof can be given than that nearly all prisoners who enter the Gaols, in ordinary health, and remain for a month and upwards, are discharged with a gain of weight. The prison dietaries are divided into four classses, as follow :— Class i. Convicted prisoners confined for any time not exceeding,' 14 days. ^I^les. Females. ^I'-f'^kfast. 1 pint of oatmeal gruel, 6 ol of bread Same as xMales, ( .T"~J^ "'• "^J'^'fr '0 0^- bread. .S«/;»,n-Same as breakfast ^s breakfast. All prisoners to have in addition I pint of soup at dinner ftwfc per week. Those at hard labour to have one pint of sou|) at dinner>«r times per week. Class 2. Convicted prisoners not employed at hard labour for periods exceeding 14 days. ^'*''^^- Females. I I pint oatmeal gruei. 8 oz bread \i pint gruel 6 oz. bread. I I pint of soup, 8 m. of bread j , pint of soup, 6 oz. of bread. S oz. cooked meat without bone, 8 oz. U oz. cooked meat, without « t ' -^ ;. °^ r^'*'"''' bone,6oz. bread, >^lb. potatoes 8 oz. bread, \ lb. of potatoes, or a pint ) . . , ' /^ 1 "" \ 01 gruel when potatoes can not be \ " °^- ■'read, I lb. of potatoes, ( had. \ or i pint of gruel. \ Same as breakfast. j. As breakfast. Class 3. ComHcted prisoners employed at hard labor for any time exceeding 14 days, hut not more than 6 weeks. Jhwikfost. J )i 1 1 Iter, 2 days. Dinner. 2 days. Dinner, 3 <'-iy^- .Sii >>i' or a pint of i^ruel, w lien putatoes > or one pint of gruel when po- cannot be had. \ tatoes cannot be had. Sainc as breukfa-;. ■ .\s brcalruon^s employed at hard labor, for any period exceeding 6 -u^eek,. Males. f, , Females, I" I pint gruel, 6 oz. of bread. ,- 1 pint of soup, 6 oz. 01 bread Break/a,t-i pirit oatmeal gruel, 8oz. of bread. 2 clays. -^ I pint of soup, 8 oz. of bread i ! 4 (lays I ' I (6 oz. of -°';^d^-.t;;withoutji^::-.^ 'I orcaii, ^2 II). ol ^ bone, I day. Supper ^°,r■m^'f ■■""''•, ' '^ °f P^t'-^toes, or ) 6°oi.'°oVb;-ead, i lb. of pota- no^'be tr'"' "^'" P°''^'°'^^ '=^"- '^'^•^ "'• ' Pi"t °f gruel Then , ^ ; ■ , ' potatoes cannot be had. ^^ame as breakfast, ^ As breakfast. classr'"'''''^"' "'' ^'°''" "''^ ^'^'°'' '° ^^ P'"^^-^ °" «^'"^ diet as hard YZr'-'' K ZT"''^ °" '^ ' '^'^^ ^^ ^^^^^ ^' ^^'^^'-^ ""^ ^-O'-king at General Rule.s Respecting the Dietarie.s. and .silt HT/c W '' '"'"'' '* *^'^ ""^^^ ^^ "^"^'^ g-d -ter -InJhn r^l in";;!? ''' '""^'""i^!^ ^ ^'^^ «^°-tmeaIto a pint of water : MR '^™' quantities may be used instead of oatmeal MiJk may be used, where convenient, instead of gnicl (1 ) tw,vA il'"'''^^ "^^^^ '""'^^ '■ousted pease or barley, may also be used tvZZ iZ" r''"" '"^'^'^^ °'S^"^' '' l-eakfa^t.-U "when h's Deveragc is used, 2 oz. more of bread should be added be adv^n^ '""'l" ''■'"' ' '^' "'•• °^ "'^^ «'• '^'^^"s to a pint of water mav ahnv.^\'ir ''T^" f 'T ^^ d'""'-^''' ' "^- 'e«^ t'^'^» the (.uantily of meat onr-o •"■'''"' -'^"'^ be given :-fsh may be subst ,ute 1 Cur mea ened wUh mSir """" ""'' ^"' ^'" ''^^^ "^ ^"'^<^^ '-> ^^ --t' Carrots and parsnips ma, be occasionally substituted for potatoes as the uSnen ' ''^ ^''''' "^ '^' '''''"''^ '''"'"^ ^'^" '^''''^ nilowance of food In case of sickness the roprulation of the diet of the nrisoprrs shall be left exclusively in the hands of the medical officer of d le pr^^on' (i.) When gruel is used milk will not be allowed. m V!)\IINISTI!ATI.)N Ol" CRIMINAL JUSTK'K. 57 'ng 6 weeks. Females. 5 oz. of bread. ), 6 oz. ot bread. 1 meal without uf bread, %, \h. d, I lb. of pota- t of gruel vhen not be had. same diet as ot working at they shall be good water int of water : of oatmeal. lIso he used t when this r water, may lel at break- t bone ; the tity of meat ;d for meat ;r the allow- 1} be sweet- )r potatoes, nee of food oners shall rison. GAOL SALARIES AND EXPENDITURES. The amount of Gaol Salaries and Expenditures payable by the Government is the proportion which the prisoners confined upon indic- table offences bear to the whole. The same proportion of bedding, clothing and necessaries for the Gaol, such as soap, candles, cooking utensils and cleaning Gaol, is payable by the Government. Repairs to the Gaol or Court House, washing and cleaning Court and Jury Rooms, fuel, furniture, light and necessaries for the Court House, are not chargeable to the Government. See circular No. i. The accounts for fuel should be forwarded to the Treasury Depart- ment with the December quarter's ai^counts, and should embrace only the actual quantity of fuel consumed in the Gaol for the year then closed. The amount payable by the Government is the i)roportion above mentioned, of all the prisoners confined during the year. A scaffold, handcuffs and chains to confine unruly or dangerous inmates of the Gaol, are part of the furnishing of the Gaol, and as such must be provided and paid for by the County. Mr. Justice Wilson, 8th January, 1874. All Hospital supplies must be certified by the Gaol Surgeon that they were used by, and were necessary for the prisoners in Hospital. All accounts for supplies furnished the Gaol must be certified by the '^raoler or Sheriff. They must also be vei fied by the oath of the party rendering the samt;, and sliould l)e renc ^red quarterly, ending with the months of March, June, Se])tember and December, and each quarter's expenditure should be ke])t separate and distinct. For oath. See Form B. in Schedule. When any change is madejn the salary of a Gaol Official, notice, thereof should be communicated to the Provincial Treasurer. Milk as diet is not to be used for the prisoners, where gruel can be had. By order of tlie Prison Inspector. Where prisoners .nre confined in Gno! with hard hbour, the washing of the Gael and that of the prisoners therein should be per- formed by them instead of employing and paying an outsider for the service. By order of the Prison Inspector. 38 ADJirNISTKATION OF CKIMINAL JUSTICE. MISCELLANEOUS. Items marked thus * an payable f>y the Goven nmcnt. Surveyors. Attorney-General, September lo, 1872. Physician. * Inspecting a Gaol to discover the cause of .ffl • tlie Government and not the Countv i f L ^ • "' '"'^ '^'^^^^ ^ A ... "-ounty, If the service was renderpH r^n ti,.. order or requisition of the County Judge. ^ Attorney-General, 4th September, 1865. Statk Prisoners. The fees for services in connection with State Prisnn.r« . v, ^ charged „i.„ Trea,„„, re„ia„i,„„, Vitta „„ T^^rotr Attorney-General, 22nd February, 1869. 59 SCHEDULE. (/. eon, will he r lo, 1872, nay charge :red on the ber, 1865. s, such as 'St Office, Oominioa irji, 1869. Form A. ^» , County Crown Attorney for the County of do certify, that in the cases of misdemeanour herein charged for, in which costs have been ordered to be paid by the Defendant , the same cannot, after due effort, be made othe Defendant. Coutity Crown Attorney, County of •^» . , Chairman of the General Sessions of the Peace, or Judge of the County Judges Criminal Court (as the case may be), do certify, in pursuance of Consolidated Statutes, U.C, Cap. ro6, sec. 4, that the annexed Bill of Costs of County Attorney for the County of for business performed at the General Sessions of the Peace, or County Judges Criminal Court (as the case may be), as therein set forth, the several charges are correct, and that in the cases of misdemeanor therein charged for, no Costs have been ordered by the Court to be paid by the Defendant , or if ordered to be paid, cannot, as I am informed, and verily believe, be made of the Defendant. Chairman of. the General Sessions of the Peace, or ytidge of the County fudges Criminal Court, County of Dated this day of 187 . Form B. I of the of in the County of Constable, m.-ikft oath and say, I. That the above (or within) account for services performed by me is. true in every particular. 60 SCHEDULE. 2, That I have not l,een paid any portion of the charges nor ha, any ot er person received payment Tor n.e or on . ^;Z, "Z has any other perHon or persons to my knowledge rendered a similar account for the same services. 3. That to perform such services, I necessarily travelled from "^ '^t-'ing miles. Sworn before me at i in the County of this flay of A.D. 187 . [ •'■ J Signaiurc of Constable. Form 0. I do hereby certify that the above (or within) services were »er performed by Constable „„ , ^ '''''" tint fi->„ , • ^"*-''" "'3 •Jirections, and U^a the prisoner was committe.J to (iaol for trial (or Bail was ace pted for his appearance for trial as the case may be). JOHN ANDKRSON. 7- P. Form D. I do hereby certify that the above (or within) services were performed by Constable directions. ""d^*" '"X ADAM BKDE, Coroner. Form £. I do herel,y certify that the above (or within) services were performed by Constable ^ *- directions, and that the prisoner was committed to (;aorL"trlaf (or ba,i was accepted for his appearance for trial, as the case may be)' and that assistance was necessary. JOHN BROWN. y. P. OAFZTAL, $600,000 00. Deposited witla. Goverameat, $100,904 00. ///■:a/) office — CoRNKK KING AND CHURCH STREETS, TORONTO. President— HON. ALi.X. MACKENZIL. M.P. Vlce-Presldeat— GEOR(iF. (iKKK., Esij., Toronto. Slreotors— J. D. [RWiN, Esq., Toronto. John MA(,oonai,I), Esq., Toronto. John ISiRRKl.t,, Esq., London. Hon. Okor«k Brown, Toronto. , Hon. William McMaster, President "kink of Commerce. J. H. Mason, Esq., Canada Permanent Buildmg and Saving Sc i'-ty Hon. Colon kl Shaw, United States Consul, Toronto. Lakratt VV. -Smith. Esq., (^. C. D. C. L., Toronto. Robert Wilkics, Esq., M. P. , Toronto. J. MAUGHAN, JUN., Manager. A-DVi^^NTAQES OFFERED: It devotea special attention to the luHiiranoe of Farm Property and of detaohoa re«idencM (with oonteuts) in Cities, Towns, and VlUagee, and aocepta rlskH at the vvtv muttt rata», compatible with the absolute safety it giveH to its rolicv Holders. It will ivot inVOM on those whose properties are noi hazardou$ the burden of maklnH up the loite* on humnlou.i pronerUes. It will adiust all lossaa without ilolay, and pay in caih at met Its StockhoUlois.Duoctors, aiul Agontn being all residents In Canada^-ana its headauBxteii aiaets and operations being enclusively confined to Canada, -those who insure In it will have knowledge of all its transactions. |t[([Bbgferian |rinfittj mA mhlhljinj ||a. CAPITAL — $2 0,000. Office: 102 BAY STREET, TORONTO. The attention of the Legal Profession is invited to the facilities possessed by the »t)ove Company for Nkat and Rapid Printing of Briefs, Ohanoery BlUs, Special Seeds, ICortgraffes, Letter Seadla«s> and every description cf Law Blaalss. The Printing Department is now under the charge of Mr. James Murray, late of the tirm of McLeish & Co., Book and Job Printers, of this city,— a guarantee that all work intrusted to the Company will be turned out in a satisfactory manner. The Bookbinding and Stereotyping Department.s are in full operation. Sheriffs, County Treasurers, Clerks of the Peace, and other County Officers, will be furnished, on application, with Estimates for Printing, or the Manufacturing fif Blank Books, for their respective offices. C. BUCKEn ROBINSON, P. 0. SraT^er, 3484. Manager. PI \ JAMES G. OWEN, }»«• |fi.ti0«cr, |itlio!ira|il,cr ^ |ooli^rllrr, 44 CHURCH STREET, TORONTO. nana Legal Text Books and Eeporta for Sale at a Liberal JJiscount. iLLXJ3vrxasr^TBiD addresses Carefully pivpami in \V;,i,.r Colours or Oil on SiR- V„I' ., , VelluJiiu''"^^'-'""''"^'-^'''''^'''''''^'-^^ A STOCK OF VELLUMS. l>AUCH.MENTs7 AND PVPFHS F0« ADDliKHSES. ALWAYS ON HAND. " Z?e.^5 ancf all other Legal Document^fefs, &c., neatlu and correctly Engrossed and Copied. ^ ^^ ■fa P "I'M!. THE ONTARIO GOVERNMENT. MAGCILUVRAY, IVIOLLE & CO. WHOLESALE AND COMMERCIAL EVERY DESCRIPTION OF OFFICE STATIONERY ALWAYS IN STOCK. BLANK ROOKS, with SPI-XIAL RULfNciS a.vi, I'RINTKD A SPECIALITY. MKADINGS, 72 YONGE STREET, TOEONTO. *f. BlIOWN IIROTIIEUS, STATFONKRS, m\mi-§(K,\i afHiinufiirtuvcr$. BOOKBINDERS, &c. 66 & 68 KING STREET EAST, TOROOSTTO A COMPLETE STOCK OF STATIONERY CONSTANTLY ON iiAND. Account Books Manufactured to any Pattern for BANKS, REGISTRY OTT/CES, INSURANCE COMrANIES, Railway Companies, ami the CoHnting-/,ouse. BOOKBINPTi,,, IN ALL ITS BRANCHES. lfl^lt;>-'f^t ^i.jm^^.rj^ 53 YONGE kST., TORONTO, Wholssals Stationgrs k BooMindsrs REGISTRY OFFICE STATIONERY AND BOOKS Supplied at short Notice, and Bound in a Superior Style. LAW BOOKS BOUND TO ORDE LEQAL PJOLSCAP AND LATTTBR'S DOOSBTS ALWAYS fN STOCK. R. V ORHDET^S ^RE SOLICITEID J.Cockshxitt, President. CHWateroiis, MtcHANiCAL Manager. ^.;i..^ "^ JohnFiskeri, Vice President. Geoi-geHAfilKes. iW^Vr-t^ ! fv^ 9^ onX of ^irit^H KoH)) Jim wc^. C^ <^sa« opposxTm ipjia E< Vsl Portable Saw-Mills Hi'iUNfmiLL, N.S.,Nov. 8, 1873. Mj;smus. C. ii. Watkrous & Co., Bb.vntford. Gontloniou,— Your uiillwrigbt, Mr. Thomas Hoers, hurt nuisli'oil cur liOli. p. imtont portable direct iiftiou S.iw-iuill, anil put it iii oporiition accoraing to tonus of contract, ana overything works satis- fiictorily. We tried the mill on six logs and they wore sawu iu fifty (.W) minutes, uuikiug 1,21.'. feet of idch boards. We use a fifty-two inch inserted tooth Siiv,'. Vouvs truly, THOMPSON & BROS. Oxford, P. 0. REFERENCES FOR THE PLANER TOOTH SAWS. Firstbrooli & Son, Stayner, Ont.; Wesley Sutton, Fingal, Ont.; W & S. B. Anglin, Kingsion, Ont.; R. S W.>od, Oakville; diaries Anderson, CainsviUe, Ont.;K. C. R. Davios, Henfryn P. O., Out.; I^- &•«• Owen, Stcnefleld, Ont.; Spies & Awrey, Courtland, Ont.; William Way, Wilfrid, Ont. ,., , ,, ,500 points given with each saw, which should cut 500,000 feet of timber. . , ^ .^ , When Saw once rounded or pomted it always re- mains so, and requires no experienced sawer to run it: when Teeth get dull they can be sharpened from one to three times. Tlie above miU is one of our 20 horse-powor pa- tent Portable Direct Action mills, using a 52 inch SAW. Price of above mill, fob., with solid saw, put in operation, and left running to purchaser's satisfaction, $2,000. SnoooMOc, N. 13., 18 miles from St. Andrews, oti Woodstock Railway. Sept. 22nd, 1873. Mi:sHii'v C. H. W.vTKiious &, Co., Hr.\ntpo»d. (Tontleiueu,- Your millwright, Mr. John Lyle, lias liniHhed our 25 hor.io-powor mill and put it in opeiation according to terms of contract, and every- thing works very satisfactorily. We have sawn one thousand feet (3) inch deal in FOURTEEN MINUTES, and have sawn one Ihousaiid and ton feet (1,010) of one inch boards in TWENTY-TliREE MIN'UTES. Yours truly, JOHN MARKS. The above is one ot our 25 horse-power Patent Port.ible Direct .\ction Saw-mills, running a (iO inch inserted tooth saw. It is the most EFFICIENT, EGONO.MICAL, and DURABLE MILL built, and willcut lumber cheaper per thousand than heavy gang or bolted mills. We are turning out one a week of these Portable Mills. Our Direct Action Portable Mills stand unequal- ed for siinpiiclty, offloiency, durability and econ- nmy. We erect all our mills, and Kuarantee satis- fac ion. We have been building them for over sixteen years, and would ask inteudlug purchasers to inspect any one ot the hundreds now in operation before i>urchasing. SOLE AGENTS FOR THE PATENT FLANCE TOOTH. BOLK AOENTS FOR EMEESON'S ORIGINAL PATti*T INSERTED TOOTH SAW, The Cheaapcsl Inserted Tooth Sa;u in hxistence. GO in Saw, • nly $190, less 10 per cent. cash. Extra Teeth 50c. each. We give thej atent A djustab le Saw Swa ge with this .S aw We also sell Ca- nadian and Am- I oric an Solid \ Saws cheaper I for cash than 1 can be purchas- ed elsewhere. All kinds of Saw \ MilU'urmshings ! kept constantly in stock. Saw Gummers from $15 to §100 8 different styles of Swages from $2 to 5JU.50. Saw Teeth all ga- ges— Cummer bits — Files, Emery Wheels, Belting, Belt Studs, Side Files /or Saws- Saw sets — Saw Jointers. Manufactured by AMERICAN SAW COT. PORTABLE SAW MILLS OUR SPECIALITY. Also Manufacture Engines and Saw Mills of all capacities— Grist Mills, both Belted and Geared— xrmimcrs, vrritm r-vr-'liif-tr, •-.! - -, ••.---- ting and Double Bl ok Shiugle Mills- Straight and Bevelled Lath Cutters— Stave Machines, and Ro- tary Pumps. Send for Saw Mill Pamphlet, or largo Machinery jiamphlot of over 5ol pages. Waterous Engine Works Co., Brantford, Ont.