circum case of felony or misdemeanour, or to answer for any common under certain assault, or to articles of the peace, in every case of default stances. whereby a recognizance becomes forfeited, if the cause of absence is made known to the court in which the person was bound to appear, the court, on consideration of such cause, and considering also, whether, by the non-appearance of such person the ends of justice have been defeated or delayed, may forbear to order the recognizance to be estreated; and, with respect to all recognizances estreated, if it appears to the satisfaction of the judge who presided at such court that the absence of any person for whose appearance any recognizance was entered into, was owing to circumstances which rendered such absence justifiable, such judge may make an order directing that the sum forfeited upon such estreated recognizance shall not be levied. C. S. U. C., c. 117, s. 6, part. by the judge 18. The clerk of the court shall, for such purpose, before Minute on roll sending to the sheriff any roll, with a writ of fieri facias and and effect. capias, as directed by this Act, submit the same to the judge thereof. who presided at the court, and such judge may make a minute on the said roll and writ of any such forfeited recognizances and fines as he thinks fit to direct not to be levied; and the sheriff' shall observe the direction in such minute written upon such roll and writ, or indorsed thereon, and shall forbear accordingly to levy any such forfeited recognizance or fine. C. S. U. C., c. 117, s. 7. are seized. 14. If upon any writ issued under this Act, the sheriff' takes Proceedings lands or tenements in execution, he shall advertise the same in when lands like manner as he is required to do before the sale of lands in execution in other cases; and no sale shall take place in less than twelve months from the time the writ came to the hands of the sheriff. C. S. U. C., c. 117, s. 8. made by clerk 15. The clerk of the court shall, at the foot of each roll Affidavit to be made out as herein directed, make and take an affidavit in the following form, that is to say: "I, A. B. (describing his office), make oath that this roll is truly and carefully made up and examined, and that all fines, "issues, amercements, recognizances and forteitures which were "set, lost, imposed or forfeited, at or by the court therein men"tioned, and which, in right and due course of law, ought to "be levied and paid, are, to the best of my knowledge and "understanding, inserted in the said roll; and that in the said "roll are also contained and expressed all such fines as have "been paid to or received by me, either in court or otherwise, "without any wilful discharge, omission, misnomer or defect "whatsoever. So help me God;" Which oath any justice of the peace for the county is hereby authorized to administer. C. S. U. C., c. 117, s. 9. of the court. [3 G. IV, c. 6, s. 3.] Release of a person or goods of a person in custody. [3 G. IV, c. 46, s. 5.] Forfeited recognizances may be discharged under certain circumstances. [3 G. IV, c. 46, s. 6.] Return of writ Copy of roll and return for Minister of Finance. Payments by the sheriff. Provisions applicable to Quebec. 16. If any person on whose goods and chattels a sheriff, bailiff or other officer is authorized to levy any such forfeited recognizance, gives security to the said sheriff or other officer for his appearance at the return day mentioned in the writ, in the court into which such writ is returnable, then and there to abide the decision of such court, and also to pay such forfeited recognizance, or sum of money to be paid in lieu or satisfaction thereof, together with all such expenses as are adjudged and ordered by the court, such sheriff or officer shall discharge such person out of custody; and if such person does not appear in pursuance of his undertaking, the court may forthwith issue a writ of fieri facias and capias against the surety or sureties of the person so bound as aforesaid. C. S. U. C, c. 117, s. 10. 17. The court, into which any writ of fieri facias and capias, issued under this Act, is returnable, may inquire into the circumstances of the case, and may, in its discretion, order the discharge of the whole of the forfeited recognizance, or sum of money paid or to be paid in lieu or satisfaction thereof, and make such order thereon as to such court appears just; and such order shall accordingly be a discharge to the sheriff, or to the party, according to the circumstances of the case. C. S. U. C., c. 117, s. 11. 18. The sheriff, to whom any writ is directed under this Act, shall return the same on the day on which the same is made returnable, and shall state, on the back of the roll attached to such writ, what has been done in the execution thereof; and such return shall be filed in the court into which such return is made. C. S. U. C., c. 117, s. 12. 19. A copy of such roll and return, certified by the clerk of the court into which such return is made, shall be forthwith transmitted to the Minister of Finance and Receiver General, with a minute thereon 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. cognizances estreated. 22. Whenever default is made in the condition of any re- Forfeited recognizance lawfully entered into or taken in any criminal case, incrimal proceeding or matter, in the Province of Quebec, within the cases in legislative authority of the Parliament of Canada, so that the Quebec to be 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 : Court. 2. Such recognizance, certificate or minute, as the case may And certified be, shall be transmitted by the court, recorder, justice of the to Superior 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 Judgment for and certificate by the prothonotary of the said court, shall be the Crown to indorsed thereon by him, and he shall enter judgment in favour 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: issue on fiat 4. Such execution shall issue upon fiat or præcipe of the At- Execution to torney General, or of any person thereunto authorized in writ-of Attorney ing by him; and the Crown shall be entitled to the costs of General. execution and to costs on all proceedings in the case subsequent to execution, and to such costs for the entry of the judg ment, as are fixed by any tariff' : of recovery 5. Nothing in this section contained shall prevent the reco- Other modes very of the sum forfeited by the breach of any recognizance not affected. 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 Proceedings the conditions of such recognizance shall be recoverable, with in such case. 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: Cognizor defined. Recogni zances trans mitted to have as if taken where the 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 the same effect of Quebec, and a justice of the peace has taken recognizances from the witnesses heard before him or another justice of the court is held. 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, &c., A.B., clerk (as the case may be). C.S.U.C., c. 117, sch. OTTAWA Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most Excellent Majesty. CHAPTER 180. An Act respecting Fines and Forfeitures. HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: A. D. 1886. penalties scribed. 1. Whenever any pecuniary penalty or any forfeiture is Recovery of imposed for any violation of any Act, and no other mode is when no other prescribed for the recovery thereof, such penalty or forfeiture mode is preshall 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 Appropriaappropriation 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. tion. the Crown in certain cases. 2. Whenever no other provision is made by any law of To belong to 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 May be otherthat any fine, penalty or forfeiture, or any portion thereof, by Order in wise applied which would otherwise belong to the Crown for the public Council. 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. share when 4. Any duty, penalty or sum of money, or the proceeds of Crown's any forfeiture, which is, by any Act, given to the Crown, shall, if no other provision is made respecting it, form part of the appropriated |