of any of the sums therein mentioned, which have been remitted by order of the court, in whole or in part, or directed to be forborne, under the authority of this act.-C. S. U. C., c. 117, s. 13.

20. The sheriff or other officer shall, without delay, pay over all moneys collected under this act by him to the Minister of Finance and Receiver General, or other person entitled to receive the same. -C. S. U. C., c. 117, s. 14.

QUEBEC.

21. The provisions of sections eight and nine and of twelve to nineteen, both inclusive, shall not apply to the Province of Quebec, and the following provisions shall apply to that Province only.

22. Whenever default is made in the condition of any recognizance lawfully entered into or taken in any criminal case, proceeding or matter, in the Province of Quebec, within the legislative authority of the Parliament of Canada, so that the penal sum therein mentioned becomes forfeited and due to the Crown, such recognizance shall thereupon be estreated or withdrawn from any record or proceeding in which it then is or a certificate or minute of such recognizance, under the seal of the court, shall be made from the records of such court where the recognizance has been entered into orally in open court: 2. Such recognizance, certificate or minute, as the case may be, shall be transmitted by the court, recorder, justice of the peace, magistrate or other functionary before whom the cognizor, or the principal cognizor, where there is a surety or sureties, was bound to appear, or to do that, by his default to do which the condition of the recognizance is broken, to the superior court in the district in which the place where such default was made is included for civil purposes, with the certificate of the court, recorder, justice of the peace, magistrate or other functionary as aforesaid, of the breach of the condition of such recognizance, of which and of the forfeiture to the crown of the penal sum therein mentioned, such certificate shall be conclusive evidence:

3. The date of the receipt of such recognizance or minute and certificate by the prothonotary of the said court shall be indorsed thereon by him, and he shall enter judgment in favor of the crown against the cognizor for the penal sum mentioned in such recognizance, and execution may issue therefor after the same delay as in other cases, which shall be reckoned from the time when the judgment is entered by the prothonotary of the said court:

4. Such execution shall issue upon fiat or præcipe of the Attorney Genera!, or of any person thereunto authorized in writing by him; and the crown shall be entitled to the costs of execution and to costs on all proceedings in the case subsequent to execution, and to such costs for the entry of the judgment, as are fixed by any tariff:

5. Nothing in this section contained shall prevent the recovery of the sum forfeited by the breach of any recognizance from being recovered by suit in the manner provided by law, whenever the same cannot, for any reason, be recovered in the manner provided in this section:

6. In such case, the sum forfeited by the non-performance of the conditions of such recognizance shall be recoverable, with costs, by action in any court having jurisdiction in civil cases to the amount, at the suit of the Attorney General of Canada or of Quebec, or other person or officer authorized to sue for the crown; and in any such action it shall be held that the person suing for the crown is duly empowered so to do, and that the conditions of the recognizance were not performed, and that the sum therein mentioned is, therefore, due to the crown, unless the defendant proves the contrary:

7. In this section, unless the context otherwise requires, the expression "cognizor" includes any number of cognizors in the same recognizance, whether as principals or sureties.-C. S. L. C., c. 106, s. 2.

23. When a person has been arrested in any district for a crime or offence committed within the limits of the Province of Quebec, and a justice of the peace has taken recognizances from the witnesses heard before him or another justice of the peace, for their appearance at the next session or term of the court of competent criminal jurisdiction, before which such person is to undergo his trial, there to testify and give evidence on such trial, and such recognizances have been transmitted to the office of the clerk of such court, the said court may proceed on the said recognizances in the same manner as if they had been taken in the district in which such court is held.—C. S. L. C., c. 106, s. 1.

You are hereby commanded to levy of the goods and chattels, lands and tenements, of all and singular, the persons mentioned in the roll or extract to this writ annexed, 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 that no goods or chattels, lands or tenements can be found belonging to the said persons, respectively, then, and in all such cases, that you take the bodies of such persons, and keep them safely in the gaol of your county, there to abide the judgment of our court (as the case may be), upon any matter to be shown by them, respectively, or otherwise to remain in your custody as aforesaid, until such debt is satisfied, unless any of such persons respectively gives sufficient security for his appearance at the said court, on the return day hereof, for which you will be held answerable, and what you do in the premises make appear before us in our court (as the case may be), on the day of term next, and have then and there this writ. Witness, etc., A. B., clerk (as the case may be). -C. S. U. C., c. 117, sch.

The mere failure of the party to answer, when called, in the term subsequent to that in which he was arraigned could not operate as a forfeiture of his bail. The Atty. General v. Beaulieu, 3 L. C. J. 17.

On an information against the til or surety of a person charged with subornation of perjury, held, that after the accused has pleaded guilty to an indictment, no default can be entered against him, except on a day fixed for his

appearance, and that it is the duty of the court to estreat the recognizances in cases like the present.-R. v. Croteau, 9 L. C. R. 67.

A recognizance taken before a police magistrate under 32-33 V., c. 30, s. 44, D., omitted the words "to owe:" Held, fatal, and that an action would not lie upon the instrument as a recognizance.-R. v. Hoodless, 45 U. C. Q. B. 556.

Held, that the forfeiture of a recognizance to appear was a debt sufficient to support the application for an attachment under the Absconding Debtor's Act, and that such writ may be granted at the suit of the crown, where the defendant absconds to avoid being arrested for a felony.R. v. Stewart, 8 P. R. Ont. 297.

A recognizance of bail put in on behalf of a prisoner, recited that be had been indicted at the court of general sessions of the peace for two separate offences, and the condition was, that he should appear at the next sitting of said court, and plead to such indictment as might be found against him by the grand jury; at the next of said sittings, the accused did not appear, and no new indictment was found against him:-Held, that the recitals sufficiently showed the intention to be that the accused should appear and answer the indictments already found, and that an order estreating the recognizance was properly made.Re Gauthreaux's Bail, 9 P. R. Ont. 31.

Held, that on the return of a writ of certiorari a recognizance is unnecessary.-R. v. Nunn, 10 P. R. Ont. 395.

Held, that since the passing of the Dominion statute, 49 V., c. 49, s. 8, there is no longer necessity for a defendant on removal by certiorari of a conviction against him to enter into recognizances as to costs as formerly required.R. v. Swalwell, 12 O. R. 391.

CHAPTER 180.

AN ACT RESPECTING FINES AND FORFEITURES.

HER

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

1. Whenever any pecuniary penalty or any forfeiture is imposed for any violation of any act, and no other mode is prescribed for the recovery thereof, such penalty or forfeiture shall be recoverable or enforceable, with costs, by civil action or proceeding at the suit of Her Majesty only, or of any private party suing as well for Her Majesty as for himself-in any form allowed in such case by the law of that Province in which it is brought-before any court having jurisdiction to the amount of the penalty in cases of simple contract-upon the evidence of any one credible witness other than the plaintiff or party interested; and if no other provision is made for the appropriation of any penalty or forfeiture so recovered or enforced, one moiety shall belong to Her Majesty; and the other moiety shall belong to the private party suing for the same, if any, and if there is none, the whole shall belong to Her Majesty.-31 V., c. 1, s. 7, part.

2. Whenever no other provision is made by any law of Canada for the application of any fine, penalty or forfeiture imposed for the violation of any such law, the same shall belong to the Crown for the public uses of Canada.-49 V., c. 48, s. 1.

3. The Governor in Council may, from time to time, direct that any fine, penalty or forfeiture, or any portion thereof, which would otherwise belong to the crown for the public uses of Canada, be paid to any provincial, municipal or local authority, which wholly or in part bears the expenses of administering the law under which such fine, penalty or forfeiture is imposed, or that the same be applied in any other manner deemed best adapted to attain the objects of such law and to secure its due administration.-49 V., c. 48, s. 2.

4. Any duty, penalty or sum of money, or the proceeds of any forfeiture, which is, by any act, given to the crown, shall, if no other provision is made respecting it, from part of the Consolidated Revenue Fund of Canada, and shall be accounted for and otherwise dealt with accordingly.-31 V., c. 1, s. 7, part.