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(c.) Such execution shall issue upon fiat or præcipe of the Attorney-General, 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, in the discretion of the court, for the entry of the judgment, as are fixed by any tariff.

3. 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;

(a.) 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.

4. 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.

5. When a person has been arrested in any district for an 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. R.S.C., c. 179, ss. 21, 22 and 23.

PART LX.

FINES AND FORFEITURES.

927. Whenever no other provision is made by any law of Appropriation Canada for the application of any fine, penalty or forfeit- of fines, &c. ure imposed for the violation of any such law, the same shall belong to the Crown for the public uses of Canada.

2. Any duty, penalty or sum of money, or the proceeds

of any forfeiture, which is, by any Act, given to the Crown,

shall,

Application of

Order in

Council.

shall, if no other provision is made respecting it, form part of the Consolidated Revenue Fund of Canada, and shall be accounted for and otherwise dealt with accordingly. R.S.C., c. 180, ss. 2 and 4.

928. The Governor in Council may from time to time direct fines, &c., by 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. R.S.C., c. 180, s. 3.

Recovery of

penalty or

forfeiture.

Limitation of action.

929. 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, in the discretion of the court, 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. R.S.C., c. 180, s. 1.

930. No action, suit or information shall be brought or laid for any penalty or forfeiture under any such Act except within two years after the cause of action arises or after the offence is committed, unless the time is otherwise limited by such Act. R.S.C., c. 180, s. 5.

TITLE VIII.

PROCEEDINGS AFTER CONVICTION.

PART LXI.

PUNISHMENTS GENERALLY.

931. Whenever a person doing a certain act is declared to Punishment be guilty of any offence, and to be liable to punishment there- after conviction only. for, it shall be understood that such person shall only be deemed guilty of such offence and liable to such punishment after being duly convicted of such act. R.S.C., c. 181, s. 1.

932. Whenever it is provided that the offender shall be Degrees in liable to different degrees or kinds of punishment, the punish- punishment. ment to be inflicted shall, subject to the limitations contained in the enactment, be in the discretion of the court or tribunal before which the conviction takes place. R.S.C., c. 181, s. 2.

under dif

933. Whenever any offender is punishable under two or Liability more Acts or two or more sections of the same Act, he may ferent probe tried and punished under any of such Acts or sections; visions. but no person shall be twice punished for the same offence. R.S.C., c. 181, s. 3.

shall be in dis

934. Whenever a fine may be awarded or a penalty im- Fine imposed posed for any offence, the amount of such fine or penalty shall, cretion of within such limits, if any, as are prescribed in that behalf, court. be in the discretion of the court or person passing sentence. or convicting, as the case may be. R.S.C., c. 181, s. 33.

PART LXII.

CAPITAL PUNISHMENT.

on conviction

935. Every one who is indicted as principal or accessory Punishment for any offence made capital by any statute, shall be liable to be the same to the same punishment, whether he is convicted by verdict by verdict or or on confession, and this as well in the case of accessories by confession. as of principals. R.S C., c. 181, s. 4.

936. In all cases where an offender is sentenced to death Form of senthe sentence or judgment to be pronounced against him shall tence of death. be, that he be hanged by the neck until he is dead. R.S.C.,

c. 181, s. 5.

Sentence of

death to be reported to Secretary of State.

Prisoner under sen

apart.

937. In the case of any prisoner sentenced to the punishment of death, the judge before whom such prisoner has been convicted shall forthwith make a report of the case to the Secretary of State, for the information of the Governor General; and the day to be appointed for carrying the sentence into execution shall be such as, in the opinion of the judge, will allow sufficient time for the signification of the Governor's pleasure before such day, and if the judge thinks such prisoner ought to be recommended for the exercise of the royal mercy, or if, from the non-decision of any point of law reserved in the case, or from any other cause, it becomes necessary to delay the execution, he, or any other judge of the same court, or who might have held or sat in such court, may, from time to time, either in term or in vacation, reprieve such offender for such period or periods beyond the time fixed for the execution of the sentence as are necessary for the consideration of the case by the Crown. R.S.C., c. 181, s. 8.

938. Every one who is sentenced to suffer death shall, tence of death after judgment, be confined in some safe place within the to be confined prison, apart from all other prisoners; and no person except the gaoler and his servants, the medical officer or surgeon of the prison and a chaplain or a minister of religion, shall have access to any such convict, without the permission, in writing, of the court or judge before whom such convict has been tried, or of the sheriff. R.S.C., c. 181, s. 9.

Place of execution.

Persons who

shall be present at execution.

Persons who may be pre

sent at

execution.

death.

939. Judgment of death to be executed on any prisoner shall be carried into effect within the walls of the prison in which the offender is confined at the time of execution. R.S.C., c. 181, s. 10.

940. The sheriff charged with the execution, and the gaoler and medical officer or surgeon of the prison, and such other officers of the prison and such persons as the sheriff requires, shall be present at the execution. R.S.C., c. 181, s. 11.

941. Any justice of the peace for the district, county or place to which the prison belongs, and such relatives of the prisoner or other persons as it seems to the sheriff proper to admit within the prison for the purpose, and any minister of religion who desires to attend, may also be present at the execution. R.S.C., c. 181, s. 12.

Certificate of 942. As soon as may be after judgment of death has been executed on the offender, the medical officer or surgeon of the prison shall examine the body of the offender, and shall ascertain the fact of death, and shall sign a certificate thereof, in the form UUU in schedule one hereto, and deliver the same to the sheriff.

2. The sheriff and the gaoler of the prison, and such justices and other persons present, if any, as the sheriff requires or allows, shall also sign a declaration in the form VVV in the said schedule to the effect that judgment of death has been executed on the offender. R.S.C., c. 181, ss. 13 and 14.

act.

943. The duties imposed upon the sheriff, gaoler, medical When deofficer or surgeon by the two sections next preceding, may be puties may and, in his absence, shall be performed by his lawful deputy or assistant, or other officer or person ordinarily acting for him, or conjointly with him, or discharging the duties of any such officer. R.S.C., c. 181, s. 15.

944. A coroner of a district, county or place to which the Inquest to be prison belongs, wherein judgment of death is executed on held. any offender, shall, within twenty-four hours after the execution, hold an inquest on the body of the offender; and the jury at the inquest shall inquire into and ascertain the identity of the body, and whether judgment of death was duly executed on the offender; and the inquisition shall be in duplicate, and one of the originals shall be delivered to the sheriff.

2. No officer of the prison and no prisoner confined therein shall, in any case, be a juror on the inquest. R.S.C., c. 181, ss. 16 and 17.

burial.

945. The body of every offender executed shall be buried Place of within the walls of the prison within which judgment of death is executed on him, unless the Lieutenant Governor in Council orders otherwise. R.S.C., c. 181, s. 18.

Secretary of

946. Every certificate and declaration, and a duplicate Certificate to of the inquest required by this Act, shall in every case be be sent to sent with all convenient speed by the sheriff to the Secretary State and of State, or to such other officer as is, from time to time, prison. appointed for the purpose by the Governor in Council; and printed copies of such several instruments shall as soon as possible, be exhibited and shall, for twenty-four hours at least, be kept exhibited on or near the principal entrance of the prison within which judgment of death is executed. R.S.C., c. 181, s. 20.

execution.

947. The omission to comply with any provision of the Omissions not preceding sections of this part shall not make the execution to invalidate of judgment of death illegal in any case in which such execution would otherwise have been legal. R.S.C., c. 181, s. 21.

executions not

948. Except in so far as is hereby otherwise provided, Other projudgment of death shall be carried into effect in the same ceedings in manner as if the above provisions had not been passed. affected. R.S.C., c. 181, s. 22.

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