Page images
PDF
EPUB

825. Proceeding on non-payment of penalty imposed.—Whenever the Justices adjudge any offender to forfeit and pay a pecuniary penalty under the authority of this part, 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 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 in their discretion.

2. 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. R.S.C., c. 177, ss. 23 and 24.

826. Costs.-The Justices before whom any person is prosecuted or tried for any offence cognizable under this part 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 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 detension of any person so charged.

2. The Justices may, although no conviction takes place, order all or any of the payments aforesaid to be made, when they are of opinion that the persons, or any of them, have acted in good faith. R.S.C., c. 177, ss. 25 and 26.

827. Application of fines. Every fine imposed under the authority of this part shall be paid and applied as follows, that is to say :

(a.) In the province of Ontario to the Justices who impose the same or the Clerk of the county Court, or the Clerk of the Peace, or other proper officer, as the case may be, to be by him or them paid over to the county treasurer for county purposes;

(b.) In any new district in the province of Quebec to the Sheriff of such district as treasurer of the Building and Jury Fund for such district to form part of such fund, and in any other district in the province of Quebec to the prothonotary of such district, to be applied by him, under the direction of the Lieutenant-Governor in Council, towards the keeping in repair of the Court-House in such district or to be added by him 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;

[ocr errors]

(c.) In the provinces of Nova Scotia and New Brunswick to the county treasurer, for county purposes; and

(d.) In the provinces of Prince Edward Island, Manitoba and British Columbia to the treasurer of the province. R.S.C., c. 177, s. 27.

828. Costs to be certified by Justices.-The amount of expenses of attending before the Justices and the compensation for trouble and loss of time therein, and 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.

2. Every such order of payment to any prosecutor or other person, after the amount thereof has been certified by the proper 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 Peace or other proper officer, as the case may be, to such prosecutor or other person, upon such clerk or officer being paid his lawful fee for the same, and shall be made upon the officer to whom fines imposed under the authority of this part 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 part, the money in such order mentioned and he shall be allowed the same in his accounts of such moneys. R.S.C., c. 177, ss. 28 and 29.

829. Application of this Part.-The provisions of this Part shall not apply to any offence committed in the Provinces of Prince Edward Island or British Columbia, or the district of Keewatin, punishable by imprisonment for two years and upwards; and in such provinces and district it shall not be necessary to transmit any recognizance to the clerk of the peace or other proper officer. R.S.Č., c. 177, s. 30.

830. No Imprisonment in Reformatory under this Part.—The provisions of this Part shall not authorize two or more justices of the peace to sentence offenders to imprisonment in a reformatory in the Province of Ontario. R.S.C., c. 177, s. 31.

831. Other proceedings against Juvenile Offenders.-Nothing in this Part shall prevent the summary conviction of any person who may be tried thereunder before one or more justices of the peace, for any offence for which he is liable to be so convicted under any other Part of this Act or under any other Act. R.S.C., c. 177, s. 8, part.

[blocks in formation]

Canada, Province of County of

FROM SCHEDULE ONE.

CERTIFICATE OF DISMISSAL.

the

UU.-(Section 820.)

[ocr errors]

peace

of the

9

"

as the case may be), day of

in the said

for the

at

of

"

2

A. B., was brought before us, the said justices (or me, the said) charged with the following offence, that is to say (here state briefly the particulars of the charge), and that we, the said justices, (or I, the said ) thereupon dismissed the said charge. Given under our hands and seals, (or my hand and seal) this day of in the year aforesaid.

at

"

, justice of

of

(or if a recorder; &c.,

9

do hereby certify that on
in the year

"

CONVICTION.

[ocr errors]
[blocks in formation]

in

Be it remembered that on the the year

at

in the county of

"

"

"

S. J., recorder, of

of

?

?

A. B. is convicted before us, J. P. and J. R., Justices of the Peace for the said county (or me, the or as the case may be) for that he, the said A. B., did (specify the offence and the time and place when and where the same was committed, as the case may be, but without setting forth the evidence), and we, the said J. P. and J. R. (or I, the said S. J.), adjudge the said A. B., for his said offence, to be imprisoned in the (or to be imprisoned and there kept at hard labour), for the space (or we) (or I) adjudge the said A. B., for his said offence, to forfeit and pay (here state the penalty actually imposed), and in default of immediate payment of the said sum, to be imprisoned in the (or to be imprisoned in the

in the

"

of

"

day of

[ocr errors]
[ocr errors][ocr errors]

and kept at hard labour) for the term of said sum is sooner paid.

unless the

Given under our hands and seals (or my hand and seal), the day year first above mentioned.

and

J. P. [SEAL.]

J. R. [SEAL.] or S. J. [SEAL.]

PART LVII.

[ocr errors]

COSTS AND PECUNIARY COMPENSATION-RESTITUTION

OF PROPERTY.

832. Costs.-Any Court by which and any Judge under Part LIV. or Magistrate under LV. (1) by whom judgment is pronounced recorded, upon the conviction of any person for treason or any indictable offence, in addition to such sentence as may otherwise by law be passed, may condemn such person to the payment of the whole or any part of the costs or expenses incurred in and about the prosecution and conviction for the offence of which he is convicted, if to such Court it seems fit so to do; and the payment of such costs and expenses, or any part thereof, may be ordered by the Court to be made out of any moneys taken from such person on his apprehension (if such moneys are his own), or may be enforced at the instance of any person liable to pay or who has paid the same in such and the same manner (subject to the provisions of this Act) as the payment of any costs ordered to be paid by the judgment or order of any Court of competent jurisdiction in any civil action or proceeding may for the time being be enforced: Provided, that in the meantime, and until the recovery of such costs and expenses from the person so convicted as aforesaid, or from his estate, the same shall be paid and provided for in the same manner as if this section had not been passed; and any money which is recovered in respect thereof from the person so convicted, or from his estate, shall be applicable to the reimbursement of any person or fund by whom or out of which such costs and expenses have been paid or defrayed. 33-34 V. (U. K.) c. 23, s. 3.

It will be seen by this Article that costs may be awarded against a defendant when convicted of treason or any indictable offence.

This provision is to the same effect as the Imperial statute 33-34 Vict. c. 23, s. 3, except that the latter only covers cases of treason and felony and does not apply to convictions for misdemeanor: and the English Act does not contain the words

(1) Part LIV relates to Speedy Trials of Indictable offences, and comprises Articles 762 to 781, ante; and Part LV relates to the Summary Trial of Indictable offences, and comprises Articles 782 to 808 ante.

"if such moneys are his own" above italicised. In a case where a prisoner, arrested on the 4th April, was convicted at the following May Sessions of the Central Criminal Court, the Court after passing sentence, made under the above provision of the Imperial statute, an order for the payment of the costs of the prosecution out of the money taken from him at the time of his apprehension. On the 24th of April,-between the time of his apprehension and his conviction, ―he had been adjudged bankrupt; and it was held,-without deciding what would have been the case if the money in question, though in the possession of, had not really belonged to the prisoner, or if the act of bankruptcy had been previous to his apprehension,- that the order was valid, on the ground that the subsequent bankruptcy could not affect the right of the Criminal Court to make the order, such right having vested at the time of the apprehension and before the bankruptcy. (1)

833. Costs in case of Libel.-In the case of an indictment or information by a private prosecutor for the publication of a defamatory libel if judgment is given for the defendant, he shall be entitled to recover from the prosecutor the costs incurred by him by reason of such indictment or information either by warrant of distress issued out of the said Court, or by action or suit as for an ordinary debt. R.S.C., c. 124, ss. 153 and 154.

834. Costs on Conviction for Assault. If a person convicted on an indictment for assault, whether with or without battery and wounding, is ordered to pay costs as provided in section eight hundred and thirty-two he shall be liable unless the said costs are sooner paid. to three months' imprisonment, in addition to the term of imprisonment, if any, to which he is sentenced for the offence, and the Court may, by warrant in writing, order the amount of such costs to be levied by distress and sale of the goods and chattels of the offender, and paid to the prosecutor, and the surplus, if any, arising from such sale, to the owner; and if such sum is so levied, the offender shall be released from such imprisonment. R.S.C., c. 174, ss. 243 and 249.

835. Taxation of costs.-Any costs ordered to be paid by a Court pursuant to the foregoing provisions shall, in case there is no tariff of fees provided with respect to criminal proceedings, be taxed by the proper officer of the Court according to the lowest scale of fees allowed in such Court in a civil suit.

2. If such Court has no civil jurisdiction, the fees shall be those allowed in civil suits in a Superior Court of the province according to the lowest scale.

836. Compensation for loss of property. - A Court on the trial of any person on an indictment may, if it thinks fit, upon the application of any person aggrieved and immediately after the conviction of the offender, award any sum of money, not exceeding one thousond dollars, by way of satisfaction or compensation for any loss of property suffered by the applicant through or by means of the offence of which such person is so convicted; and the amount awarded for such satisfaction or compensation shall be deemed a judgment

(1) R. v. Roberts, 43 L. J. (M. C.) 17: L. R. 9 Q. B. 77.

« PreviousContinue »