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Whereas (dr., as in the last form, to the asterisk, and then thus): And whereas, afterwards, on the

day of in the year aforesaid, I, the undersigned, issued a warrant to all or any of the constables or other peace officers in the said district (or county, united counties, or as the case may be), of , commanding them, or any of them, to levy the said sum of for costs. by distress and sale of the goods and chattels of the said A. B.; And whereas it appears to me, as well by the return to the said warrant of distress of the constable (or peace officer) who was charged with the execution of the same, as otherwise, that the said constable has made diligent search for the goods and chattels of the said A. B., but that no sufficient distress whereon to levy the said sum above mentioned could be found: These are, therefore, to command you, the said constables or peace officers, or any one of you, to take the said A. B., and him safely to convey to the common gaol of the said district, (or county, united counties, or as the case may be), of aforesaid, and there deliver him to the said keeper thereof, together with this precept; And I do hereby command you, the said keeper of the said common gaol, to receive the said A. B. into your custody in the said common gaol, there to imprison him (and keep him at hard labour) for the term of unless the said sum and all costs and charges of the said distress (and for the commitment and conveying of the said A. B. to the said common gaol, amounting to the further sum of ), are sooner paid unto you, the said keeper; and for so doing this shall be your sufficient warrant. Given under my hand and seal, this

at

day of

at

in the year , in the district (or county, united counties, or as the case may be), aforesaid.

J. N. [L.S.]

V.

RETURN of convictions made by me (or us, as the case may be),

during the quarter ending

18

Name of the Prosecutor.
Name of the Defendant.
Nature of the Charge.

Date of Conviction.

Name of Convicting Jus-
tice.

Amount of Penalty, Fine
or Damage.

Time when paid or to be
paid to the said Justice.

To whom paid over by
the said Justice.

If not paid, why not, and general
observations, if any.

A. B., Convicting Justice,

or

A. B. and C. D., Convicting Justices, (as the case may be). 32-35 V., c. 31, s. 76, part, and sch., part ;-33 V., c. 27, s. 4.

W.

TARIFF OF FEES.

Added by 52 V., c. 45, s. 7, q. v.

A. D. 1886.

Surety may

to render.

CHAPTER 179.

An Act respecting Recognizances.

HER 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 obtain order 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.

Sureties may arrest, &c.

Application for admission to bail.

Entry of such render.

Effect of entry.

Render in open court.

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. i R. S. N. B., c. 157, s. 5.

or conviction

6. The arraignment or conviction of any person charged Arraignment. and bound as aforesaid, shall not discharge the recognizance, not to dis but the same shall be effectual for his appearance for trial or charge recogsentence, as the case may be; and the court may commit such nizance. 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 Other rights any right which a surety now has of taking and rendering to not affected. custody any person charged with any such offence, and for whom he is such surety.

nizances, &c.

46, s. 2.]

8. Unless otherwise provided, all fines, issues, amercements Fines, forand forfeited recognizances, the disposal of which is within the feited recog legislative authority of the Parliament of Canada, set, imposed, to be entered lost or forfeited before any court of criminal jurisdiction shall, on a roll. within twenty-one days after the adjournment of such court be 3G. IV, c. fairly entered and extracted on 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:

roll shall be

2. If such court is a superior court of criminal jurisdiction, With whom one of such rolls shall be filed with the clerk, prothonotary, filed. 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 Time for court by or before which such fines or forfeitures were imposed filing. or forfeited:

tain courts.

3. If such court is a court of General Sessions of the Peace, or Copy with a county court, one of such rolls shall remain deposited in the clerk of ceroffice 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.

1

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What the list shall set forth.

To be submitted to the judge.

[7 G. IV, c. 64, s. 31.]

No estreat without order.

Court may forbear estreating recognizances

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., 117, ss. 2, part, 4, part, and 5.

10. If any person bound by recognizance for his appearance (or for whose appearance any other person has become so bound) to prosecute or given evidence in any case of felony or misdemeanour, 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 ist, 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, ends of justice have been defeated or delayed. C. S. C., c. 99, s. 120.

the

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 justices 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 or justices of the peace before whom respectively such list has been laid. C. S. C., c. 99, s. 121.

12. Except in the cases of persons bound by recognizance for their appearance, or for whose appearance any other person has become bound to prosecute or give evidence in any

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