^, IMAGE EVALUATION TEST TARGET (MT-3) // // ^ 4 v^%^ &•. <" f/. 1^ 1.0 1.1 1^12^ |25 1^ I2ii 12.2 i li£ 12.0 L25 IIIIII.4 IIIIII.6 ^ y^ 4V-^ ^r^"*' ^ i? 7 B / /A Photographic Sciences Corporation 33 WEST MAIN SI REIT WEBSTER, N.Y. 14SB0 (716) 872-4503 Ik CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques ik Technical and Bibliographic Notes/Notes techniques et bibliographiques The institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the repi«. action, or which may significantly change the usual method of filming, are checked below. D D D D Coloured covers/ Couverture de couleur Covers damaged/ Couverture endommagde Covers restored and/or laminated/ Couverture restaurde et/ou pellicul6e Cover title missing/ Le titre de couverture manque I I Coloured maps/ Cartes gdographiques en couleur Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) I — I Coloured plates and/or illustrations/ D D D Planches et/ou illustrations en couleur Bound with other material/ Reli6 avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ La re liure serr6e peut causer de I'ombre ou de la distortion le long de la marge int6rieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajout6es lors d'une restauration apparaissent dans le texte, mais, lorsque cela dtait possible, ces pages n'ont pas 6t6 film6es. 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Tous les autres exemplaires originaux sont film6s en commenpant par la premiere page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernidre page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la derniftre image de cheque microfiche, selon le cas: le symbols — ► signifie "A SUIVRE", le symbols V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent dtre fiimis d des taux de reduction diff6rents. Lorsque le document est trop grand pour dtre reproduit en un seul cliche, 11 est film6 d partir de I'angle sup6rieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images nicessaire. Les diagrammes suivants illustrent la mdthode. !,■ 1. \ n 1' 1 2 3 4 5 6 Court of Queen's Bench, Crown Side, Aylmer. Mr. Justice Wurtele's Iharge to the Irandlury, Friday, 10th June, 1887. Gentlemen op the Grand Jury • You have been called and impanelled here to-day as a Grand Jury to aid in the administration of criminal justice and to form ''the grand inquest " of this district. As such Grand Jury you are an adjunct of the court ; and as is the Judge «o are you sworn to do your duty faithfully and bound to act in the execution therqof im - partially and fearlessly. In the interest of the administration of justice it is ne- cessary that what takes place durin? your sittings should be kept secret, and by the oath of office which you have just taken you are required to preserve inviolate the secret of the grand jury room. Until you are discharged by the court you mupt avoid all communication with unau- thorized persons respecting any matter to be brought be- fore you as a body. Should any of you be improperly approached by any one, it will be his duty to denounce him, for such conduct constitutes by law a grave offence, known as '* embracery," which is defined as *' a corrupt attempt to influence the finding of a jury by other means than evidence or argument in open court." Before a person cai be put on his trial before this court for an offence, it is necessary that his case t>hould have ■ — 2 — been submitted to the scrutiny of h grand jurj, and that there is good ground of aoousation. The examination of a case bj the grand jury is not a trial ; the grand jury do not hear the accused party, nor takecognizanceof any defence which he may have, and therefore do not find that he is either guilty or not guilty, but it hears the evidence on which the charge is made and decides nimply whether from such evidence there is good reason to bring him to trial. To put a person on his trial for an offence, the accusa* tion or charge made against him is reduced to writing and the document is submitted to the grand jury, who pass on it after having heard the evidence. If the major- ity of the grand jurors are of opinion thai it is well founded they find it to be a true bill ; if the majority are of opinion that it is unfounded they find that it is no bill. In the first case the foreman cf the grand jury writes the words '' A True Bill/' and in the other case the words ' ' No Bill," on the back of the document, and signs his name below, with the qualification of *^ Foreman/' Pre- viously to the finding of a true bill, the document or act of accusation is technically called a bill, and when found it becomes and is an indictment. The names of the witnesses to be examined on every bill submitted will be endorsed on it. The oath is administer, ed to the witnesses by the foreman or by any member of the grand jury acting for the time being for him ; and the foreman, or the person acting for him, must write his ini- tials against the name of each witness sworn and examin- ed. No witnesses other than those of whom the names are so submitted can be examined by the grand jury, ex- cept upon written order of the presiding judge. Should however the commission of an offence come other- wise to your knowledge, you ought to apprize the court thereof, by a report signed by the foreman of the grand jury, and called a presentment ; and it will then become a c t I 11 e s s — 3 — e the duty of the oflBcer probecuting on behalf of the crowc to prepare a formal iDdiotment. The officer prosecnting on behalf of the crown and the clerk of the court have the right to be present at your sit- tings during the examination of the witnesses, to conduct the efidenoe ; but they must withdraw during your deli- berations and the foting on every bill. Besides the examination of bills, it is your duty as th grand inquest of the district to inspect the court house and jail and their grounds, in order so at and none of them are of a eharacter to require aoy special notice on my part. Should you, however, find it desirable, you have a rij^ht at all reasonable times to apply to the court or to the offi- cers of the crown for advice ; but such advice is restricted to matters of law, for you alone, on your oaths, should and must say whether the evidence in each case is sufficient to authorize you to find a bill. At the last term of this court the grand jury, at my instigation, suggested by their presentment thtt it was expedient that the panels of petit jurors in this district should be composed of an equal number of petit jurors speaking the one or the other of the two authorized langna- 4 — \ trict will learn with ^ati^factioD that the PUggestioD was approved by the Provincial Government ond that the proclamation necessary to give effect thereto has been issued. In administering justice in this district, I have frequently been painfully affected by the very heavy ezpeneeB incur- red in suits for small amounts in the circuit courts, by reason of the long distances travelled by suitors, bailiffs and witnesses. In many c<»fies the costs are, so to say, ruinous, when the fortune of the parties is taken into consideration. This state of thing? really constitutes a grievance and is a serious inconvenience to the inhabitants of the region of the Upper Gatineau. I think that the time is near, if it has not come, when i\ remedy should be given by the establishment of a Circuit Court in that part of the county of Ottawa, and I submit the matter to your consideration in the hope that you may seo fit to draw the attention of the Provincial Government to it. « There is another subject on which I may now be allow- ed to say a few words, although it is not connected with the business which calls us here. In this month of June fifty years ago our Gracious Lady the Queen ascended the Throne of the British Empire, of which our country happily forms part, and during her long and glorious reign mighty changes have taken place in our condition. • • ; i. In 1837 the eastern part of our country was divided into scattered provinces sparsely populated, and the western p?rt was a wilderness, supposed to be unfit for agricultu- ral purposes; now we form a compact and rich Dominion, with a population counted by millions. Then we were governed in an autocratic manner and dissatisfaction exis- ted ; DOW we enjoy in the largest degree the right of con- stitutional self-government and all rejoice to live under the sway of our revered eovereign. Then communications were difficult and slow ; now diistaDces are ii a measure aDuihilated by st^amshipH, by railwayf^ and by telegraphs. Then popular education languished and but few compara- tively enjoyed the great advantage of educatic'D ; now we possess a system of public instruction justly admired, and ^oon the inhsbitunts of this province unable to read and write will no longer be found. Then our civil laws were scattered through books difficult to be obtained ; now they are compressed in cedes and consolidated statuti^s accessi- ble to all. Then in this district a scattered and thin population was almost wholly engaged in the woi k of the lumberer; now the earth yields rich harvests to a large population happily eagaged in agricultural pursuits. Then from this district long distances had to be travelled to Montreal to obtain the aid of the courts; now the decen- tralization of justice has brought a judicial organization within it limits. All this and much more has happened in the reign of Queen Victoria. Besides being great by the advancement both political and material which has taken place in her time, our Queen is great by reason of her own virtues, great by her innate sense ar'^ her practice in constitutional government, great by the example she has always given to her people in all her domestic relations. Well may she be called Victoria the Great. It is fitting that we should rejoice that it has been given to Her Gracious Majesty to reign for half a century over the empire committed by the Almijg^hty to her charge, and I ask you all to join with me in the earnest prayer that she may be preserved for long years yet to reign over and guide us, and in crying *'God save the Queen." You will now withdraw to your room, and enter upon the discharge of your duties. Commercial Printing House, 1488 Notre Dame St., montreal. i' t .