Bigamy or offences against the Law for the Solemnization

of Marriage.

County (or district) The Jurors for our Lady the Queen, upon their oath, present that A. B., on

of

to wit: the day of at , being then married, did feloniously marry C. D. during the lifetime of the wife of the said A. B.-(or not being duly authorized, did solemnize or assist in the solemnization of) a marriage between C. D. and E. F., or being duly authorized to marry, did solemnize marriage between C. D. and E. F. before proclamation of banns according to law, or without a license for such marriage under the hand and seal of the Governor.)

Offences relating to the Army.

County (or district)} upon their oath, present that A. B., on

The Jurors for our Lady the Queen,

of

to wit:

the day of

at

did solicit (or procure a soldier to desert the Queen's service (or as the case may be).

Offences against Public Morals and Decency.

County (or district)} upon their oath, present that A. B., on

The Jurors for our Lady the Queen,

of

to wit:

the

day of

at

did keep a common gaming,

bawdy or disorderly house (or rooms).

General Form.

County (or district) upon their oath, present that A. B., on

The Jurors for our Lady the Queen,

in the terms in which it is described in the law, or state such facts as constitute the offence intended to be charged, and if the offence is felony, state the act to have been done feloniously.)

on

THIRD SCHEDULE.

before

Whereas at (stating the session of the court before which the person was convicted,) held for the county (or united counties) of A. B., late of , having been found guilty of felony, and judgment thereon given, that (state the substance,) the court before whom he was tried reserved a certain question of law for the consideration of the justices of (name of court), and execution was thereupon respited in the meantime (as the case may be): This is to certify that the justices of (name of court) having met at in

term (or as the case may be), it was considered by the said justices there, that the judgment aforesaid should be annulled, and an entry made on the record, that the said A. B. ought not, in the judgment of the said justices, to have been convicted of the felony aforesaid; and you are therefore, hereby required forthwith to discharge the said A. B. from your custody.

32-33 V., c. 29, sch. A, and c. 30, sch.;-C. S. U. C., c. 112,

sch.;

C. S. L. C., c. 77, sch. A.; R. S. N. S. (3rd S.), c. 171, sch. ;-1 R. S. N. B., Title XL, and sch., Form (U.)

HE

CHAPTER 179.

AN ACT RESPECTING RECOGNIZANCES.

ER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows :-

1. Any surety for any person charged with any indictable offence may, upon affidavit showing the grounds therefor, with a certified copy of the recognizance, obtain from a judge of a superior court or from a judge of a county court having criminal jurisdiction, an order in writing under his hand, to render such person to the common gaol of the county where the offence is to be tried.—1 R. S. N. B., c. 157, s. 1.

2. The sureties, under such order, may arrest such person, and deliver him, with the order, to the gaoler named therein, who shall receive and imprison him in the said gaol, and shall be charged with the keeping of such person until he is discharged by due course of law.-1 R. S. N. B., c. 157, s. 2.

3. The person rendered may apply to a judge of a superior court, or in cases in which a judge of a county court may admit to bail, to a judge of a county court, to be again admitted to bail, who may on examination allow or refuse the same, and make such order as to the number of the sureties and the amount of recognizance as he deems meet, which order shall be dealt with in the same manner as the first order for bail, and so on, as often as the case requires.-1 R. S. N. B., c. 157, s. 3.

4. On due proof of such render, and certificate of the sheriff, proved by the affidavit of a subscribing witness, that such person has been so rendered, a judge of the superior or county court, as the case may be, shall order an entry of such render to be made on the recognizance by the officer in charge thereof, which shall vacate the recognizance, and may be pleaded or alleged in discharge thereof.-1 R. S. N. B., c. 157, s. 4.

5. The sureties may bring the person charged as aforesaid into the court at which he is bound to appear, during the sitting thereof, and then, by leave of the court, render him in discharge of such recognizance at any time before trial, and such person shall be committed to

gaol, there to remain until discharged by due course of law; but such court may admit such person to bail for his appearance at any time it deems meet.-1 R. S. N. B., c. 157, s. 5.

be;

6. The arraignment or conviction of any person charged and bound as aforesaid shall not discharge the recognizance, but the same shall be effectual for his appearance for trial or sentence, as the case may and the court may commit such person to gaol upon his arraignment or trial, or may require new or additional sureties for his appearance for trial or sentence, as the case may be, notwithstanding such recognizance; and such commitment shall be a discharge of the sureties.-1 R. S. N. B., c. 157, s. 6.

7. Nothing in the foregoing provisions shall limit or restrict any right which a surety now has of taking and rendering to custody any person charged with any such offence, and for whom he is such surety,

8. Unless otherwise provided, all fines, issues, amercements and forfeited recognizances, the disposal of which is within the legislative authority of the Parliament of Canada, set, imposed, lost or forfeited before any court of criminal jurisdiction, shall, within twenty-one days after the adjournment of such court be fairly entered and extracted of a roll by the clerk of the court, or in case of his death or absence by any other person, under the direction of the judge who presided at such court, which roll shall be made in duplicate and signed by the clerk of the court, or in case of his death or absence, by such judge: 2. If such court is a superior court of criminal jurisdiction, one of such rolls shall be filed with the clerk, prothonotary, registrar or other proper officer,

(a.) In the Province of Ontario, of a division of the high court of justice,

(b.) In the Provinces of Nova Scotia, New Brunswick and British Columbia, of the supreme court of the Province,

(c.) In the Province of Prince Edward Island, of the supreme court of judicature of that Province,

(d.) In the Province of Manitoba, of the Court of Queen's Bench of that Province and,

(e.) In the North-West Territories, of the supreme court of the said Territories,

On or before the first day of the term next succeeding the court by or before which such fines or forfeitures were imposed or forfeited:

3. If such court is a court of General Sessions of the Peace, or a county court, one of such rolls shall remain deposited in the office of the clerk of such court.-C. S. U. C., c. 117, ss. 1 and 2, part, 3 and 4, part. 49 V., c. 25, s. 14. 3 Geo. 4, c. 46, s. 2, Imp.

9. The other of such rolls shall, as soon as the same is prepared, be sent by the clerk of the court making the same, or in case of his death or absence, by such judge as aforesaid with a writ of fieri facias and capias, according to the form in the schedule to this Act, to the sheriff of the county in and for which such court was holden; and such writ shall be authority to the sheriff for proceeding to the immediate levying and recovering of such fines, issues, amercements and forfeited recognizances, on the goods and chattels, lands and tenements of the several persons named therein, or for taking into custody the bodies of such persons respectively, in case sufficient goods and chattels, lands or tenements cannot be found, whereof the sums required can be made; and every person so taken shall be lodged in the common gaol of the county, until satisfaction is made, or until the court into which such writ is returnable, upon cause shown by the party, as hereinafter mentioned, makes an order in the case, and until such order has been fully complied with.-C. S. U. C., c. 117, ss. 2, part, 4 part, and 5. 3 Geo. 4, c. 46, s. 2, Imp.

10. If any person bound by recognizance for his appearance (or for whose appearance any other person has become so bound) to prosecute or give evidence in any case of felony or misdemeanor, or to answer for any common assault, or to articles of the peace, makes default, the officer of the court by whom the estreats are made out shall prepare a list in writing, specifying the name of every person so making default, and the nature of the offence in respect of which such person, or his surety, was so bound, together with the residence, trade, profession or calling of every such person and surety, and shall, in such list, distinguish the principals from the sureties, and shall state the cause, if known, why each such person did not appear, and whether, by reason of the non-appearance of such person, the ends of justice have been defeated or delayed.-C. S. C., c. 99, s. 120. 7 Geo. 4, c. 64, s. 31, Imp.

11. Every such officer shall, before any such recognizance is estreated, lay such list before the judge or one of the judges who presided at the court, or if such court was not presided over by a judge, before two justices of the peace who attended at such court, and such judge or justice shall examine such list, and make such order touching the estreating or putting in process any such recognizance as appears just, subject, in the Province of Quebec, to the provisions hereinafter contained; and no officer of any such court shall estreat or put in process any such recognizance without the written order of the judge