they were stolen, received or taken, and the person in whose possession they were found, and the time when, with such other particulars respecting the same, as are necessary towards proving the theft, or ascertaining the proprietors. Č. S. L. C., c. 104, s. 1 § 1. judges of Bench who 2601. Each of the said clerks of the peace shall cause a fair Copies to be laid before copy of all the entries in such book of goods or effects, which remain unclaimed in their offices, to be made out and signed Court of by him, and laid before the judges of the Court of Queen's Queen's Bench (Crown side), at every term thereof, and the said judges, may order or any of them, by a written order addressed to one of the sale of the goods. said clerks of the peace, may authorize him to cause such of the said goods and effects as have not been claimed, and the owners whereof are not known, to be sold by public auction. C. S. L. C., c. 104, s. 1 § 2. certain 2602. Such sales shall previously be publicly advertised Sale to be adin any two newspapers published in the city in which the vertised for a goods and effects are, three times in the space of one month period. next after the date of the order to sell, with respect to such goods and effects as are judged susceptible of deterioration, and three times during six months, for such as are judged susceptible of being preserved without being spoiled during that time, giving notice of the place where the said goods and effects may be seen every day (Sundays and holidays excepted,) between the hour of noon and two in the afternoon before the sale, to the end that any person having lost such goods or effects, or any of them, or being interested therein, may claim them. owner. 2. If any of the said goods or effects be, on inspection, Delivery of claimed by any person as owner thereof, any two justices of goods to the peace of the district, on legal proof that the same or any part of them belong bonâ fide to the person claiming the same as owner, may deliver or order such goods or effects, so claimed, to be delivered to the owner thereof, who shall give a receipt. for the same, which receipt shall be written in the said book of original entry. C. S. L. C., c. 104, s. 2. unclaimed 2603. If any such goods and effects be not claimed as Proceeds above mentioned, the proceeds of the sale thereof (the necessary of sale of charges of advertising and selling the same being previously goods. deducted,) shall be paid over to the Provincial Treasurer. Č. S. L. C., c. 104, s. 3. SECTION III. RECOGNIZANCES. § 1. Recognizances taken in another District. 2604. When a person has been arrested in any district for Recognia crime or offence committed within the limits of the Province, zaitted from zances trans where trial is the same effect as though taken another dis- and a justice of the peace has taken recognizances from the trict to court witnesses heard before him or another justice of the peace, for had, to have 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. in district where court is held. Forfeited re in criminal cases to be estreated. §2.-Proceedings on Forfeited Recognizances. 2605. Whenever default is made in the condition of any cognizances recognizance lawfully entered into or taken in any criminal case, proceeding or matter in the Province, that the 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. C. S. L. C., c. 106, s. 2 § 1. Transmission to the Superior Court. Judgment to be entered thereon. Execution to 2606. Such recognizance, certificate or minute (as the case may be), shall be transmitted by the court, recorder, judge of the sessions of the peace, justice of the peace, or magistrate or 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, judge of the sessions of the peace, 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. C. S. L. C., c. 106, s. 2 § 2. 2607. The date of the receipt of such recognizance or minute and certificate of the prothonotary of the court shall be endorsed thereon by him, and he shall enter judgment in favor 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 court. C. S. L. C., c. 106, s. 2 § 3. 2608. Such execution shall issue upon fiat or precipe of issue on fiat the Attorney-General or of any person thereunto authorized General. in writing by him; and the Crown shall be entitled to the of Attorney costs of execution and to costs on all proceedings in the case subsequent to execution, and to such costs for the entry of the judgment, as may be fixed by any tariff. C. S. L. C., c. 106, s. 2 § 4. prevent 2609. Nothing herein contained shall prevent the re- Nothing covery of the sum forfeited by the breach of any recogni- herein to zance from being recovered by suit in the manner provided by recovery as law, in any case where the same cannot for any reason be already provided by law. recovered in the manner provided in this section. C. S. L. C., c. 106, s. 2 § 5. 2610. In such case the sum forfeited by the non-per- Proceedings formance of the condition of such recognizance shall be in such case. recoverable with costs, by action in any court having jurisdiction in civil cases to the amount, at the suit of the AttorneyGeneral, or other party, or officer authorized to sue for the Crown. In any such action, it shall be held that the party 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 prove the contrary. C. S. L. C., c. 106, s. 2 § 6. how to be understood. 2611. The word "cognizor" in this section shall include "Cognizor" any number of cognizors in the same recognizance, whether as principals or sureties, unless such interpretation be inconsistent with the context. C. S. L. C., c. 106, s. 2 § 7. SECTION IV. PAYMENT OF CROWN WITNESSES. cases of to be paid an order 2612. Subject to the conditions in the next following Crown witarticle, in the case of every person subpoenaed on behalf of nesses in the Crown, or bound by recognizance to give evidence in the felony or Court of Queen's Bench, or any court of oyer and terminer or misdemeanor general gaol delivery, or sessions of the peace, touching any their expenfelony or misdemeanor, any such court, or any judge thereof, ses by the in which any person appears by virtue of any subpoena or sheriff upon under any recognizance to give evidence, may order the sheriff from the of the district to pay, out of moneys to be advanced to such court. sheriff for that purpose out of any unappropriated moneys in the hands of the Provincial Treasurer, by warrant of the Lieutenant-Governor, to every such person such sum of money as the court or a judge thereof certifies him to be entitled to under the next following article, as a reasonable allowance for his trouble and loss of time; which sum the sheriff, upon the production of the said order, shall forthwith pay, and the same shall be allowed in the accounts of the sheriff. 2. The sheriff, to whom any moneys may be advanced Sheriff to under the authority of this section, shall render such account, render an Vouchers. C. S. L. account with and support the same by such vouchers, and transmit it at such time, as the Lieutenant-Governor shall direct. C., c. 107, s. 1. Witness only to receive allowance in certain cases and on certain conditions. Witness to be entitled to 2613. No such witness shall receive any allowance as such out of any public moneys, nor shall any order be made by any court, judge, recorder, judge of the sessions of the peace, or presiding justice of the peace, for the payment of any such witness out of public moneys, except upon the certificate of the Attorney General or other prosecuting officer on the part of the Crown, or of the clerk of the peace or other public officer, prosecuting a felony or other offence in the court of sessions of the peace or recorder's court, or before any other competent tribunal, that such witness, being subpoenaed or bound by recognizance to give evidence on the part of the Crown in such case, is entitled under this section to the sum mentioned in such certificate, which sum shall be ascertained as follows: 1. Unless the witness is poor and needy, he shall be entitled only to his actual travelling expenses from the place of his his disburse- residence to the court and back, and his just actual disbursements for board and lodging, not exceeding the rate of one dollar per day, while detained in attending the court at a place where he does not reside; ments only, unless poor and needy. If poor and needy, to receive an 2. If the witness make affidavit before the court, judge, recorder, judge of the sessions of the peace, or justice of the allowance for peace, that he is poor and needy, he may also be allowed a reasonable sum for his trouble and loss of time, not exceeding in any case the rate of one dollar per day; loss of time. Witness may make an affidavit as to 3. Any witness may, before receiving such certificate, be be required to required to make affidavit that the sum he demands for disbursements or for trouble and loss of time, or both, is true and sum demand- correct, and to answer on oath any pertinent question touching the same, which shall be put to him by the court, judge, recorder, judge of the sessions of the peace, or presiding justice of the peace, or by the prosecuting officer or person who is to sign the certificate. C. S. L. C., c. 107, s. 2. ed. Defendant in obtain sub 2614. The defendant, in any case of felony, shall not ob felony not to tain subpoenas for necessary witnesses for his defence without pornas with payment of fees, except upon the order of some judge of the out fee, ex- court in which the case is to be tried, or of the prosecuting cept on order officer in the case, which order shall be granted on the affidavit of the judge. of the defendant that he is poor and needy, and that such witnesses are necessary to the defence, and the lawful fees of the proper officer issuing such subpoenas shall then be paid; but no expenses of serving such subpoenas shall be paid out of any public money. In cases of 2. In cases of misdemeanor or other offences less than felony, misdemeanor, no expenses for subpoenas or service of subpoenas on the part of the defendant shall be paid out of any public money, whatever court such case be tried. C. S. L. C., c. 107, s. 3. &c. SECTION V. PENAL ACTIONS. § 1.-Limitation of these Actions in general. 2615. All actions, suits or informations brought or laid for If the forfeitany fine on any penal statute or law, whereby the forfeiture is ure be to the Crown only, limited to Her Majesty, her heirs or successors only, shall be suit to be brought within two years next after the offence committed brought against such penal statute or law, and not afterwards. within two years. limited to the Crown and the Crown's behalf. 2. All actions, suits or informations brought or laid for any One year fine under any penal statute or law, the benefit and suit where- where suit is Jo is by such statute or law limited to Her Majesty, her heirs Cr or successors and to any other person who may prosecute in any one in that behalf, shall be brought or laid by such other person as the Cre aforesaid, within one year next after the offence committed and not afterwards, and in default of any action or suit by such person, then the same shall be brought for Her Majesty, her heirs or successors, at any time within two years after that year ended. 3. Any action, suit or information for any offence against Suits brought any penal statute or law, brought or laid after the time in that after time behalf limited, shall be void. C. S. L. C., c. 108, s. 1. § 2.-Cases to which this Section applies. limited to be void. to cases for 2616. The foregoing article applies only to cases in which This section no other provision is made by law, and nothing herein con- to apply only tained shall prolong or extend in any manner the time or delay which no for the commencement of any action, suit or prosecution in other provirtue of any penal statute which fixes or prescribes a shorter vision is time than that thereby limited. C. S. L. C., c. 108, s. 2. As to Qui Tam actions, see art. 5716, 5717, 5718 and 5719 of these Revised Statutes. made. CHAPTER SIXTH. JURORS AND JURIES. SECTION I. DECLARATORY AND INTERPRETATIVE. 2617. The present chapter may be designated and cited as How act may the "Jury Law of the Province of Quebec." 46 V., c. 16, s. 63, be cited. 2. In this chapter, the word "municipality" includes villages, towns and cities and every municipal corporation what- Interpretasoever; and the words "the court" shall mean the court, having criminal or civil jurisdiction, (as the case may be) which tion of words. |