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 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 may be necessary for the consideration of the case by the Crown.

Sec. 108.-Every person sentenced to suffer death shall, after judgment, be confined in some safe place within the prison, apart from all other prisoners, and no person but the gaoler and his servants, the medical officer or surgeon of the prison, 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.

Sec. 109. Judgment of death to be executed on any prisoner after the coming into force of this Act, shall be carried into effect within the walls of the prison in which the offender is confined at the time of execution.

Sec. 110.-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.

Sec. 111.-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 may desire to attend, may also be present at the execu tion.

Sec. 112.-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, and deliver the same to the Sheriff: see form, post, under sec. 124.

Sec. 113.-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 to the effect that judgment of death has been executed on the offender: see form, post, under sec. 124.

Sec. 114.-The duties imposed upon the Sheriff, gaoler, medical officer or surgeon by the four next preceding sections, may and shall, in his absence, be performed by his lawful deputy or assistant, or other officer or person ordinarily acting for him, or conjointly with him, in the performance of his duties.

Sec. 115.-A Coroner of the district, county or place to which the prison belongs, wherein judgment of death is executed on 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 enquire

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.

Sec. 116. No officer of the prison or prisoner confined therein shall, in any case, be a juror on the inquest.

Sec. 117.-The body of every offender executed shall be buried within the walls of the prison within which judgment of death is executed on him, unless the Lieutenant-Governor in Council being satisfied that there is not, within the walls of any prison, sufficient space for the convenient burial of offenders executed therein, permits some other place to be used for the purpose.

Sec. 118.-The Governor in Council may, from time to time, make such rules and regulations to be observed on the execution of judgment of death in every prison, as he may from time to time deem expedient for the purpose, as well of guarding against any abuse in such execution, as also of giving greater solemnity to the same, and of making known without the prison walls the fact that such execution is taking place see the rules made in the matter, post, under sec. 124.

Sec. 119. All such rules and regulations shall be laid upon the tables of both Houses of Parliament within six weeks after the making thereof, or if Parlia

ment be not then sitting, within fourteen days after the next meeting thereof.

Sec. 120. If any person knowingly and wilfully signs any false certificate or declaration required with respect to any execution, he shall be guilty of a misdemeanor, and, on conviction thereof, shall be liable, at the discretion of the Court, to imprisonment for any term less than two years, with or without hard labour, and with or without solitary confinement.

Sec. 121.-Every certificate and declaration, and a duplicate of the inquest required by this Act, shall in each case be sent with all convenient speed by the Sheriff to the Secretary of State of Canada, or to such other officer as may from time to time be appointed for the purpose by the Governor in Council, and printed copies of the same several instruments shall as soon as possible, be exhibited, and shall, for twentyfour hours at least, be kept exhibited, on or near the principal entrance of the prison within which judgment of death is executed.

Sec. 122. The forms given in schedule B to this Act, with such variations or additions as circumstances require, shall be used for the respective purposes in that schedule indicated, and according to the direction therein contained: see forms infra, under section 124.

Sec. 123. The omission to comply with any provision of the next preceding fourteen sections of this Act shall not make the execution of judgment of death

illegal in any case where such execution would otherwise have been legal.

Sec. 124. Except in so far as is hereby otherwise provided, judgment of death shall be carried into effect in the same manner as if the said fourteen sections had not been passed.

See ante, vol. 1, page 161, as to the sentence for murder.

In connection with section 106 may be cited the 97th section of ch. 99, Cons. Stat. Can. (unrepealed) which is as follows:

"Benefit of Clergy with respect to persons convicted of felony having been abolished in Upper Canada, on the thirteenth day of February, one thousand eight hundred and thirty-three, and, in Lower Canada, from and after the first day of January, one thousand eight hundred and forty-two, no person convicted of felony shall suffer death, unless it be for some felony which was excluded from the benefit of clergy by the law in force in that part of this Province in which the trial is had when the benefit of clergy was abolished therein, or which has been made punishable with death by some Act passed since that time."

Of course, when possible, it seems better that the sentence of death, and, in fact, any sentence, be passed by the Judge who held the trial; but it is not an absolute necessity, and any Judge of the same Court may pronounce the sentence: 2 Hale, P. C. 405; 1