Enforcing payment of penalties. Committal for non-payment. Costs of pro be awarded may be, by law, recovered, with costs of suit, according to the practice of such court. 22. Whenever the justices adjudge any offender to forfeit and pay a pecuniary penalty under the authority of this Act, and such penalty is not forthwith paid, they may if they deem it expedient, appoint some future day for the payment thereof, and order the offender to be detained in safe custody until the day so to be appointed, unless such offender gives security to the satisfaction of the justices for his appearance on such day; and the justices may take such security by way of recognizance or otherwise at their discretion. 23. If at any time so appointed such penalty has not been paid, the same or any other Justices of the Peace may, by warrant under their hands and seals, commit the offender to the common gaol or other place of confinement within their jurisdiction, there to remain for any time not exceeding three months, reckoned from the day of such adjudication : such imprisonment to cease on payment of the said penalty. 24. The justices before whom any person is prosecuted secution may or tried for any offence cognizable under this Act, may, in their discretion, at the request of the prosecutor or of any other person who appears on recognizance or summons to prosecute or give evidence against such person, order payment to the prosecutor and witnesses for the prosecution, of such sums of money as to them seem reasonable and sufficient, to reimburse such prosecutor and witnesses for the expenses they have severally incurred in attending before them, and in otherwise carrying on such prosecution, and also to compensate them for their trouble and loss of time therein, and may order payment to the constables and other peace officers for the apprehension and detention of any person so charged. 25. And although no conviction takes place, the said justices may order all or any of the payments aforesaid, when they are of opinion that the parties or any of them have acted bonâ fide. 26. Every fine imposed under the authority of this Act shall be paid to the justices who impose the same, or to the Clerk of the Recorder's Court, or the Clerk of the County Court, or the Clerk of the Peace, or other proper officer, as the case may be, and shall be by him or them paid over to the County Treasurer for county purposes, if the same was imposed in the Province of Ontario; and if it was imposed in any new district in the Province of Quebec, then to the sheriff of such district as treasurer of the Building and Jury Fund for such district, to form part of the said fund, and if it was imposed in any other district in the Province of Quebec then to the prothonotary of such district, to be by him applied, under the direction of the Lieutenant Governor in Council, towards the keeping in repair of the court house in such district, or to be by him added to the moneys or fees collected by him, for the erection of a court house or gaol in such district, so long as such fees are collected to defray the cost of such erection; and if it was imposed in the Province of Nova Scotia it shall be paid over to the County Treasurer, for county purposes; and if it was imposed in the Province of New Brunswick, it shall be paid over to the County Treasurer, for county purposes. 27. The amount of expenses of attending before the justices Certificate of and the compensation for trouble and loss of time therein, and expenses. the allowances to the constables and other peace officers for the apprehension and detention of the offender, and the allowances to be paid to the prosecutor, witnesses and constables for attending at the trial or examination of the offender, shall be ascertained by and certified under the hands of such justices; but the amount of the costs, charges and expenses attending any such prosecution, to be allowed and paid as aforesaid, shall not in any one case exceed the sum of eight dollars. such expenses 28. Every such order of payment to any prosecutor or other By whom person, after the amount thereof has been certified by the pro- shall be paid. per Justices of the Peace as aforesaid, shall be forthwith made out and delivered by the said justices or one of them, or by the Clerk of the Recorder's Court, Clerk of the County Court or Clerk of the Peace, as the case may be, unto such prosecutor or other person, upon such clerk being paid his lawful fee for the same, and shall be made upon the officer to whom fines imposed under the authority of this Act are required to be paid over in the district, city, county or union of counties in which the offence was committed, or was supposed to have been committed, who upon sight of every such order, shall forthwith pay to the person named therein, or to any other person duly authorized to receive the same on his behalf, out of any moneys received by him under this Act, the money in such order mentioned, and shall be allowed the same in his accounts of such moneys. c. 106. re 29. The Act chapter one hundred and six of the Consoli- Con. Stat. dated Statutes of Canada is hereby repealed, except as to cases pealed. pending under it at the time of the coming into force of this Exception." Act, and as to all sentences pronounced and punishments awarded under it; as regards all which this Act shall be construed as a re-enactment of the said Act with the amendments hereby made and not as a new law. Commence 30. This Act shall commence and take effect on the first ment of this day of January, in the year of our Lord one thousand eight Act. hundred and seventy. СНАР. 34. Preamble. Part of c. 107, of Con. Stat. An Act respecting Juvenile Offenders within the Province of Quebec. [Assented to 22nd June, 1869.] HEREAS the legislature of the Province of Quebec, during its now last Session, passed an Act making certain provisions for the establishment of certified reformatory schools, and the law respecting prisons for young offenders requires to be amended so as to meet the provisions of the said Act; Therefore Her Majesty by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. In so far as respects the Province of Quebec, the sections Can.repealed. five, six, seven, eight, nine, ten, eleven and twelve of the chapter one hundred and seven of the Consolidated Statutes of Canada, intituled: "An Act respecting Prisons for young Offenders," are hereby repealed, except as respects persons under sentence when this Act comes into force. Offenders under 16 matory Schools. 2. Whenever, after the passing of this Act, any person years may be apparently under the age of sixteen years is convicted before sent to Refor- any court of criminal jurisdiction or before any Judge of the Sessions of the Peace, Recorder, District or Police Magistrate, of any offence for which he would be liable to imprisonment, he may be sentenced on such conviction, to be detained in a certified reformatory school for any term not less than two years, nor more than five years, or he may be sentenced to be first imprisoned in the common gaol for a period not in any case exceeding three months, and at the expiration of his sentence to be sent to a certified reformatory school, and to be there detained for a period of not less than two years, and not more than five years. Power to discharge. Removal of incorrigibles. 3. The Lieutenant-Governor may at any time, in his discretion, order that any offender detained in such reformatory school under a summary conviction be discharged. 4. The Lieutenant-Governor may at any time, on the report of one of the inspectors of prisons for the Province of Quebec, order any offender undergoing sentence in any certified reformatory school, on a conviction for felony, to be removed removed as incorrigible; and in any such case the offender shall be imprisoned in the penitentiary for the remainder of the term of his sentence. offenders 5. Any person apparently under the age of sixteen years, Detention of arrested on a charge of having committed any offence not under 16 capital, shall not, while awaiting trial for such offence, be years predetained in any common gaol, if there be a certified reforma- vious to trial. tory school within three miles of such gaol, but shall be detained in such reformatory school while awaiting trial; and if there be more than one such school within such distance, the person so charged shall be detained in that one of them which is conducted the most nearly in accordance with the religious belief to which his parents belong, or in which he has been educated. 6. If any offender detained in a certified reformatory school, Punishment wilfully neglects or wilfully refuses to conform to the rules breaking the thereof, he shall, upon summary conviction before a justice Rules of Reformatory, or magistrate having jurisdiction in the place or district Schools. where the school is situate, be imprisoned with hard labour, for any term not exceeding three months; and at the expiration of the term of his imprisonment, he shall, by and at the expense of the managers of the school, be brought back to the school from which he was taken, there to be detained during a period equal to so much of his period of detention as remained unexpired at the time of his being sent to the prison. of offenders 7. If any offender sentenced to be detained in a certified Apprehension reformatory school, escapes therefrom, he may at any time escaping from before the expiration of his period of detention, be appre- such Schools. hended without warrant, and if the managers of the school think fit, but not otherwise, may, (any other Act to the contrary notwithstanding) be then brought before a justice or magistrate having jurisdiction in the place or district where he is found, or in the place or district where the school from which he escaped is situate; and he shall thereupon be liable, on summary conviction before such a justice or magistrate, to be imprisoned with hard labor, for any term not exceeding three months; and at the expiration of such term he shall, by and at the expense of the managers of the school, be brought back to the school from which he escaped, there to be detained during a period equal to so much of his period of detention as remained unexpired at the time of his escaping. 8. Every person who commits any of the following offences, that is to say : First-Knowingly assists, directly or indirectly, any offender detained in a certified reformatory school, to escape from the school; Second Punishment of persons aiding in escape, &c. Harbouring persons esca ping. A certain Second-Directly or indirectly induces such an offender to escape from the school; Third-Knowingly harbours, conceals or prevents from returning to the school, or assists in harbouring, concealing or preventing from returning to the school any offender who has escaped from a certified reformatory school, shall, on summary conviction before two justices, or any Judge of the Sessions of the Peace, Recorder, Police or District Magistrate, be liable to a penalty not exceeding eighty dollars, or at the discretion of the justices or other functionary before whom he is convicted, to be imprisoned for any term not exceeding two months, with or without hard labor. 9. The reformatory prison at present in use in the Province School recog- of Quebec, shall, so long as it is used for that purpose, be held nized. to be a certified reformatory school for the purposes of this Act. Act to apply bec, &c. 10. This Act shall apply only to the Province of Quebec, only to Que- and any Act relating to criminal law or procedure passed during the present or the now last Session of Parliament. shall be construed subject to this Act, and so much thereof as may be inconsistent with this Act, shall have no effect as respects the Province of Quebec. Preamble. Certain offenders may, by their own consent, be tried by a Judge only. Duty of She An Act for the more speedy trial, in certain cases, of persons charged with felonies and misdemeanors, in tho Provinces of Ontario and Quebec. [Assented to 22nd June, 1869.] HER MAJESTY, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. Any person committed to a jail for trial on a charge of being guilty of any offence for which he may be tried at a Court of General Sessions of the l'eace, may, with his own consent, of which consent an entry shall then be made of record, and subject to the provisions hereinafter made, be tried out of sessions, and if convicted, may be sentenced by the judge. 2. It shall be the duty of every sheriff within twentyriff having a four hours after any prisoner charged as aforesaid is committed to gaol for trial, to notify the judge in writing that prisoner so triable. such |