The Sessions cannot try treason and treasonable offences, murder and attempts and conspiracies to murder, rape and attempts, piracy, judicial and official corruption, bribery under influence and personation, defamatory libel, unlawful oaths, combinations in restraint of trade. (In case of a charge of combination in restraint of trade, the accused has the option of trial before a Supreme Court Judge without a jury.)

In addition to the ordinary Justice of the Peace there is in cities and towns and in many councils a magistrate, also appointed by the Province, called a Police Magistrate with the power of two Justices of the Peace. The Police Magistrate is generally a Barrister.

If a person is accused of crime he is brought up on summons or warrant before a magistrate, whether Justice of the Peace or Police Magistrate. If the offence is one for summary proceedings only, he is tried at once without his counsel; if he is convicted he may appeal to the General sessions, where the matter is finally determined by the Judge without a jury.

If before a Police Magistrate charged with keeping or frequenting a disorderly house, the accused may be tried. without his consent by the Police Magistrate. If, however, he is charged before a Police Magistrate with any offence triable in the Sessions, he may with his consent be tried by the Police Magistrate with the same effect as though tried at the Sessions. If he does not consent, the practice before a Police Magistrate is the same as before any Justice of the Peace-an investigation and if a prima facie case is made out, a committal for trial.

Within twenty-four hours of the committal to gaol of any one charged with an offense triable in the Sessions, the Sheriff must take him before the County Court Judge.

There the Judge looks at the depositions and explains to the accused what he is charged with and tells him he may be tried by a jury or by the County Court Judge at his option. If he elects to be tried by the County Court Judge, a day is set and the Judge tries the accused without a jury. If not, he is detained or allowed out on bail, to be tried at the Sessions.

Cases not triable at the Sessions must wait the sittings of the Supreme Court.

It will be seen that in cases triable at the Sessions there are two opportunities for an election to be tried without a jury when the accused is brought before a Police Magistrate first before the Police Magistrate himself and second before the County Judge. No cases are tried in the Sessions without a jury; and in the Supreme Court only offences in restraint of trade.

In places like Toronto, most of the criminal work is done by the Police Courts, and often the accused even after electing a jury before the Police Magistrate decides on a trial before the County Judge without a jury.

In Toronto in 1913, there were nine cases tried in the Criminal Assizes (Supreme Court), 118 in the Sessions, and 371 in the County Judge's Criminal Courts.

It would be of no advantage to go into the history of the method of selecting jurors, but it may be well to add a word as to the present system of selection of jurors in Ontario. Every British subject in Ontario of full age, not infirm or decrepit, who is assessed as owner or tenant upon real or personal property worth not less than $600 in cities or $400 elsewhere (or whose wife is so assessed) is qualified to sit on a jury, grand or petit, in any Court.

There are, of course, exemptions, e. g., men over sixty, members of the Government, in the civil service, local or

Dominion, Judges and officers of the law, lawyers, doctors, chemists, etc., etc.

In each county there is a Board of "County Selectors composed of the County Court Judges, the Mayor of any city within the county, the warden, the treasurer of the county and the sheriff (or in his absence the deputy sheriff) of the county, three being a quorum. Of these officers who form the Board of County selectors ex officio, the County Judges are appointed by the Dominion Government, the sheriff by the Provincial Government, the mayor is elected direct by the people, and the warden and treasurer by the members of the County Council, themselves elected by the people each year.

They meet September 15th, and first decide the number of jurors that it will be necessary to summon. Thirteen is the number of grand jurors and generally forty-eight, though sometimes more, sometimes less, petit jurors for the Supreme Court, and a similar number for the inferior Courts.

They then take up the number to be called from each township, etc., within the county, and instruct the clerk of the peace to notify the clerk of each township, etc., of the number to be called from that municipality.

Then in each of these minor municipalities, the mayor (or reeve), the clerk and the assessors select such persons. as in their opinion "are, from the integrity of their character, the soundness of their judgment, and the extent of their information, the most discreet and competent for the performance of the duties of voters," selecting twice as many as have been required by the county selectors then they ballot for the proper number.

The clerk of the peace (a permanent officer appointed by the Provincial Administration) then makes up from reports

from these selectors "The Jurors' Book," and those named are summoned. The Judges may at any time issue a precept for a greater number of jurors.

In Court the grand jurors are called, and if less than twelve are present, the panel is filled by some person or persons selected by the sheriff in Court from the petit jury panel or otherwise.

When a jury case comes on for trial, the box or urn containing the name, address and occupation of each juryman, written on a separate card, is shaken so as sufficiently to mix the cards, and the cards drawn one by one by the clerk, till a sufficient number of acceptable jurors has been obtained. A tales may be granted if necessary. Solicitors are entitled, on the payment of a small fee, to a copy of the jury panel four days before the opening of Court; this, of course, enables them to make inquiry as to the jurymen likely to be biased or prejudiced, and accordingly to use peremptory challenges wisely.

In civil cases each party has four peremptory challenges. I have never seen a challenge for cause.

In criminal cases, the Crown has four peremptory challenges, but may cause any number to stand aside until all the other jurors have been called. The accused has twenty challenges in any charge of crime punishable with death; twelve in offences punishable with more than five years' imprisonment, and four in other cases. Of course, challenges for cause are unlimited, but I never knew of any but one. I never, but once, heard a juryman asked a question, and I never knew it to take more than half an hour to procure a jury, even in a capital case.

The above refers to the Supreme Court (civil and criminal), the County Court (civil) and the General Sessions. (criminal).

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It has been said that any litigant having a claim over $30 (or $20 in certain cases) may demand a jury in the Division Court. When that occurs, the clerk takes the Voters' List" of the municipality and takes, in order, the names of the voters in his division, and not less than twelve are summoned. Each party is entitled to two peremptory challenges, and any number for cause; and the jury consists of five jurors whose verdict must be unanimous. A tales may be granted also in the Division Court. The President:

We will now take an adjournment to Carnegie Hall, where, at half past eight o'clock to-night, we shall have the pleasure of listening to the annual address by Chief Judge Cullen.

EVENING SESSION

NEW YORK FRIDAY, January 30, 1914.

The Association convened in Carnegie Hall, corner of 57th street and Seventh avenue, for the purpose of listening to an address by Hon. Edgar M. Cullen, former Chief Judge of the Court of Appeals of the State of New York, on "The Decline of Personal Liberty in America.”

The President:

Gentlemen of the Bar Association, ladies and gentlemen, there are many people who are of the opinion that the Constitution of this State, although framed by the people, for controlling the officers, should be construed, not according to its letter and its spirit, but according to the needs of the times. It is their opinion that it is the duy of the Court to give such construction to its provisions as shall accomplish at that moment what they deem to be the best interests of the people. And it is because the Courts of this