which oath any justice of the peace for such district may administer. § 8. The justice before whom any recognizance shall be entered into, shall give at the time of entering into such recognizance to the person or persons entering into the same, and to each of his sureties, a written or printed paper or notice, in the form in the schedule marked C., and every such justice shall in such recognizance state and specify particularly the profession, art, or trade of every person so entering into such recognizance, together with the christian name and surname, and also the place of his or her residence. § 9. Persons on whom levies are made for forfeited recognizances may give security to the sheriff or other officer for their арpearance in court at the return day of the writ, to abide the decision of the court, and to pay such forfeited recognizance or money to be paid in lieu or satisfaction thereof, together with such lawful expenses as shall be ordered by the court, and thereupon the sheriff may discharge such person out of custody provided that in case such party shall not appear, it shall be lawful for the court forthwith to issue a writ of fieri facias and capias against the sureties. § 10. The court of general quarter sessions into which the writ of fieri facias or capias shall be returnable, may inquire into the circumstances of the case, and in its discretion order the discharge of the recognizance, or money paid or to be paid in lieu thereof, and make such order thereon as to them may appear just. § 11. The sheriff shall return the writ on the day the same is returnable, and state on the back of the roll attached to such writ what shall have been done in the execution thereof, which return shall be filed in the court, and a copy thereof certified by the clerk of the peace shall be forthwith transmitted to the Receiver-General, with a minute thereon of any sums remitted by order of the court, in the whole, or in part, or directed to be forborne. § 12. The sheriff shall without delay pay over all moneys by him collected to the Receiver-General. SCHEDULE A. William the Fourth, by the Grace of God, &c. You are hereby commanded to levy of the goods and chattels, lands and tenements, of all and singular the persons in the roll or extract to this writ annexed mentioned, all and singular the debts and sums of money upon them severally imposed and charged, as therein is specified, and if any of the said several debts cannot be levied, by reason of no goods or chattels, lands or tenements, being to be found, belonging to the said parties respectively, then and in all cases that you take the bodies of the parties respectively, and keep them safely in the gaol of your district, there to abide the judgment of our Court of King's Bench, upon any matter to be shewn by them, or otherwise to remain in your custody, as aforesaid, until such debt shall be satisfied, unless any such person shall give sufficient security for his or her appearance at the said court, on the return day hereof, for which you will be held answerable; and what you shall do in the premises make appear before us, in our Court of King's Bench, at Toronto, on the day of term next, and have you then and there this writ. Witness, &c. A. B., clerk of assize, at the last assizes, for the district of day of 18 9 SCHEDULE B. William the Fourth, by the Grace of God, &c. Greeting: this You are hereby commanded to levy of the goods and chattels, lands and tenements, of all and singular, the persons in the roll or extract to the writ annexed mentioned, all and singular, the debts and sums of money upon them respectively imposed and charged, as therein is specified, and if any of the said several debts cannot be levied, by reason of no goods or chattels, lands, or tenements, being to be found, belonging to the parties respectively, then and in all cases, that you take the bodies of the parties respectively, and keep them safely in the gaol of your district, there to abide the judgment of the court of general quarter sessions for the said district, upon any matter to be shewn by them, or otherwise to remain in your custody, as aforesaid, until such debt shall be satisfied, unless any such person shall give sufficient security for his or her appearance at the said court, on the return day hereof, for which you will be held answerable; and what you shall do in the premises, make appear at the next court of general quarter sessions, of the peace, for the said district, on the first day of the said court, and have then and there this writ. Witness, C. D., clerk of the peace for the district of this day of SCHEDULE C. District, Take notice, that you to wit. sum of day of 18 sum of pounds, and your sureties in the pounds each, to appear at to be holden at and unless you personally make your appearance accordingly, the recognizance entered into by yourself and your sureties will be forthwith levied on you and your bail. Dated this 18. A. B. justice of the peace for the district. By 4 & 5 V., c. 24, § 49, reciting that the indiscriminate estreat of recognizances had been in many instances productive of hardship, it is enacted, and the officer of the court is required to prepare a list in writing of forfeited recognizances, specifying the names of the defaulters, the nature of the offences, with the residence, trade, profession or calling of the parties, distinguishing the principals from the sureties, stating the cause, if known, why the parties have not appeared, and whether the ends of justice have been defeated thereby, and such officer before estreating such recognizances, shall lay such list, if at a court of oyer and terminer or gaol delivery, before one of the justices thereof, or if at a session of the peace before two justices, who shall have attended such court, and who are required to examine such list, and to make such order touching the estreating of any such recognizance as shall appear to them just; and the officer of the court shall not estreat any such recognizance without the written order of the said justice or justices. EVIDENCE. Evidence, in its general sense, is the testimony of witnesses, given upon an issue joined between parties in a civil or criminal suit.-1 Inst. 283. In general, a person is a competent witness unless interested in the event of the suit, either directly or indirectly-7 T. R. 62; and by the common law, informers who participate in any penalty are not competent witnesses; but they are sometimes rendered so by act of parliament in particular cases.-1 Ph. Ev. 117. The confession of a defendant taken on an examination before justices, is allowed to be evidence against the party confessing, but not against third persons.-2 Haw. c. 46, §3. The distinction between a credible and a competent witness is, that the former is not disabled from being sworn, but the credit of his testimony depends upon his moral character; the latter may be disabled by interest, and other causes, from giving evidence, and on that account is incompetent.-2 H. H. 276, 277. If a person be convicted of treason, felony, forgery, perjury, subornation of perjury, attaint of false verdict, and other offences of the same description, which involve the charge of falsehood, and affect the administration of justice, he is incompetent to give evidence. So, if convicted of bribing a witness to absent himself and not give evidence; barratry or conspiracy to accuse another of a capital offence. -Russell on Cr. 592, 593. The incompetency must be proved by the production of the record of conviction and judgment.-Gilb. 128, 129. The admission of the witness himself that he had been convicted of grand larceny, and was then under sentence, was held insufficient.-8 East. 78. And an admission by a witness that he has been guilty of perjury, affords no objection to his competency, whatever effect it may have upon his credit.-R. v. Teal, 11 East. 189. And by stat. 9 Anne, c. 14 & 15, a person convicted of winning by fraud or ill practice in certain games is rendered incompetent. The incompetency arising from infamy may be removed-1st, by endurance of punishment; 2nd, by pardon; 3rd, by reversal of the punishment. *By statute 31 G. III., c. 35, no person shall be incompetent by reason of a conviction for petit larceny. By 4 & 5 V., c. 24, § 22, offenders convicted of misdemeanors affecting their competency as witnesses, and having endured the punishment adjudged for the same, shall not afterwards be deemed incompetent witnesses (convictions for perjury or subordination of perjury excepted). A witness cannot be asked any question, the answer to which would criminate himself; but he may be asked whether he has not been in the pillory for perjury.-T. R. 440. An infant fourteen years of age, and even under, if of competent discretion, may be sworn to give evidence.-2 H. H. 278. The deposition of a witness taken extra judicially before a magistrate is not evidence.-Leach, 397. Husband and wife are not admitted as evidence against each other, except in treason; but in polygamy (for the second marriage being void) the second wife may be admitted as a witness. A wife may also be permitted to swear the peace against her husband, and vice versa.-Buller, N. P. 286. A woman living with a man as his wife, though not actually so, cannot be examined as a witness on his behalf.-Campbell v. Twemlow, 1 Price, 81; 1 Phil. Ev. 82. Quakers, Menonists and Tunkers, &c., are admissible as witnesses upon their simple affirmation. *10 G. IV., c. 1. EXAMINATION. Summary Convictions. By 16 V., c. 178, § 11, it is enacted that every complaint or information shall be heard, tried, determined and adjudged by one or more justices (according to the act or acts upon which the complaint shall be founded,) and if there be no direction in the act in this respect, then such complaint or information may be heard, tried and adjourned by any one justice of the division, where the matter of complaint shall have arisen: and the room or place in which such justice or justices shall sit to hear and try any such complaint, shall be deemed an open and public court, to which the public generally may have access, so far as the same can conveniently contain them. And the party against whom such complaint is laid shall be admitted to make his full answer and defence thereto, and to have the witnesses examined and cross examined by counsel or attorney on his behalf. And every complainant shall be at liberty to conduct such complaint, and to have the witnesses examined and cross-examined by counsel or attorney on his behalf. See further on this subject under the title "Summary Conviction." Indictable Offences. By 16 V., c. 179, § 9, it is enacted that in all cases where any person shall be brought before any justice or justices charged with any indictable offence, such justice or justices, before he or they shall commit the accused to prison for trial, or admit him to bail, shall in the presence of such accused ferson, who shall be at liberty to put questions to any witness produced against him, take the statement on oath or affirmation of those who shall know the facts and circumstances of the case, and shall put the same in writing, and such depositions shall be read over to and signed by the witnesses, and by the justice or justices taking the same. §10. After the examination of all the witnesses on the part of the prosecution shall have been completed, the justice or one of the justices, by or before whom such examination shall be completed, shall, without requiring the attendance of the witnesses, read or cause to be read to the accused the depositions taken against him, and shall say to him these words, or words to the like effect-"Having heard the evidence, do you wish. to say any thing in answer to the charge? You are not obliged to say any thing unless you desire to do so, but whatever you say will be taken down in writing, and may be given in evidence against you upon your trial;" and whatever the prisoner shall then say in answer thereto shall be taken down in writing, and read over to him, and shall be signed by the said justice or justices, and kept with the depositions of the witnesses, and shall be transmitted with them as hereinafter mentioned: and afterwards upon the trial of the said accused person, the same may be given in evidence against him without further proof, unless it shall be proved that the justice or justices purporting to sign the same, did not in fact sign the same. Provided always that such justice or justices, before such accused person shall make any statement, shall state to him, and give him clearly to understand "that he has nothing to hope from any promise of favour, |