Attorney all papers connected therewith, on being by him required so to do. 20 V. c. 59, s. 11. 10. The County Attorney shall be allowed a percentage of four dollars on every one hundred dollars of all public moneys coming into his hands. 20 V. c. 59, s. 15. Four per cent to be allowed to County Attorney on money coming into his hands. 11. In citing, pleading, or otherwise referring to this Act, Short Title of it shall, in all cases, be sufficient to use the expression "The Act. Local Crown Attorneys' Act," or words of similar import. 20 V. c. 59, s. 18. clause. 12. Unless there be something in the context repugnant to Interpretation such construction, the word "Assizes," when used in this Act, shall be understood to mean the Courts of Assize, Nisi Prius, Oyer and Terminer and General Gaol Delivery, and the Sittings of these Courts. 20 V. c. 59, s. 19. CAP. CVII. An Act respecting proceedings to outlawry in criminal cases. HER ER Majesty, by and with the advice and consent of the follows: substituted for 1. The Courts of General Quarter Sessions of the Peace in Ir Outlawry the several Counties of Upper Canada, shall be in the place and Courts of Q. S. stead of the County Courts of England, as far as respects any County Courts purpose of outlawry, or any proceedings therein. 55 G. 3, c. 2, in England. s. 2. 2. The process upon every indictment to bring the person The first proindicted into Court, shall be a capias, in the usual form, issued cess in Outlawry, shall be from the Court before which the indictment is found, directed a capias or to the Sheriff of the County wherein the said Court is sitting, Bench warrant. commanding him to take the person indicted and to bring him before the said Court; and if the person cannot be taken during the sitting of the said Court, then so soon after as he can be taken, to bring or cause him to be brought, before some Justice of the Peace of the County, to be dealt with according to law. Queen's Bench 3. The capias shall be made returnable in the Court of Returnable in Queen's Bench or Common Pleas, on the first day of the term the Court of next after the sitting of the Court before which the indict- or Common ment is found; and if upon the return of the writ the Pleas. Sheriff of the said County returns that the person therein named is not to be found in his County, then an alias writ of Then an Alias. capias shall issue from the Court of Queen's Bench or Common Pleas, under the seal of the Court, tested of the first day of the term If return non est inventus, Exigent. term, if in term time, or on the last day of the preceding term, if in vacation, returnable before such Court, on the first day of the next ensuing term. 55 G. 3, c. 2, s. 3. 4. If to the said writ of alias capias the Sheriff returns then a writ of that the person therein named is not to be found in his County, then upon motion in Court, or before a Judge in vacation, a writ of exigent shall issue under the seal of the Court, tested on the first day of the term, if in term time, or on the last day of the preceding term, if in vacation, directed to the Sheriff of the County into which the said writs of capias issued; which writ of exigent shall be returnable on the first day of the fifth term from that in which the same is awarded, and may be in the form following, that is to say: Victoria, by the Grace of God, of the United Kingdom of Great To the Sheriff of the County-Greeting: We command you, that you cause A. B., late of to be demanded from General Quarter Sessions to General Quarter Sessions in your County until, according to the law of Upper Canada, he be outlawed if he doth not appear, and if he doth appear, then that you take him and cause him to be safely kept, so that you may have his body before us, in our Court of at Toronto, on the day of term next (the return of the writ) to answer to a certain bill of indictment found against him for may be) and have then there this writ. (whatsoever the crime Witness, the Honorable Judge) at Toronto, this day of Chief Justice, (or Senior in the How the Sheceed thereon. year of Our reign. 55 G. 3, c. 2, s. 4. 5. The Sheriff to whom the said writ of exigent issues riff shall pro- shall, at three successive Courts of General Quarter Sessions of the Peace, to be holden in and for his County, before the return of the said writ, in open Court, immediately after the charge to the Grand Jury, make or cause to be made proclamation of the person named in the said exigent, requiring him to render himself to answer to the said indictment. 55 G. 3, c. 2, s. 5. turn thereof. 6. If the person so demanded does not appear, the Sheriff to whom the said writ of exigent is directed, shall indorse upon the said writ of exigent a return in the following form : By virtue of the within writ, to me directed, at the Court of General Quarter Sessions of the Peace, held at and for the County of on the in day of in the year within written, the within named A. B. was was a first time demanded, and did not appear; And at the Court of General Quarter Sessions of the Peace, held at aforesaid, for the County aforesaid, on the day of the day of in the year aforesaid, (or as it may be) the said A. B. was a third time demanded, and did not appear; therefore the said A. B., according to the law of Upper Canada, is outlawed. The answer of C. D. Sheriff. 55 G. 3, c. 2, s. 6. awarded. 7. In all criminal cases wherein any writ of exigent is When a writ awarded under this Act, against any person described in the of Proclamaindictment, as being lately conversant in any other County of ion shall be Upper Canada than that in which the said exigent is so awarded, a writ of proclamation shall be awarded and made out of the same Court, or by order of a Judge in vacation, having day of teste and return as the writ of exigent has, and shall be directed and delivered to the Sheriff of the County in which the person indicted is in the said indictment described as having lately been conversant, which writ of proclamation may be in the following form: Victoria, &c., &c., &c. To the Sheriff of the County Greeting: day of term Whereas by a writ, we lately commanded our Sheriff of the Form of. County of that he should cause A. B. late to be demanded from General Quarter Sessions to General Quarter Sessions, until, according to the law of Upper Canada he should be outlawed if he did not appear, and if he did appear, then that he should take him and cause him to be safely kept, so that he might have his body before us in our Court of at Toronto, on the then next, to answer to a certain bill of indictment found against him for ; therefore, we command you, that in pursuance of the Statute in that behalf, you cause the said A. B. to be proclaimed upon three several days according to the form of the said Statute, that he render himself to our Sheriff of so that he may have his body before us, at the time and place aforesaid, to answer to the said indictment, and have there then this writ. Return to. ance. And the Sheriff to whom the said writ of proclamation issues shall, at three successive Courts of General Quarter Sessions of the Peace before the return of the said writ, in open Court, on the first day of the said Court, make or cause to be made proclamation of the person named in the said writ of proclamation, according to the command of the said writ. 55 G. 3, c. 2, s. 7. 8. When the said writ of proclamation has been executed as aforesaid, the Sheriff to whom the same is directed, shall indorse thereon a return in the following form: By virtue of the within writ to me directed, I caused the within named A. B. to be proclaimed three several days, according to the effect of the within mentioned Statute, as it is within commanded me. 55 G. 3, c. 2, s. 8. Consequences 9. After the return of the said writ of exigent, and of the of non appear writ of proclamation, when required to be issued in manner aforesaid, the person against whom the same issued, shall, in default of appearance, incur and suffer the same forfeiture and disabilities, and the like process shall be had thereupon, as in cases of outlawry for the same offences by the criminal law of Upper Canada, as it stood immediately before this Act takes effect. 55 G. 3, c. 2, s. 9. Proceedings to be had against persons indicted for High Treason, &c. Proclamation to issue calling upon person in dicted to surrender himself. Justices of Oyer and Terminer 10. In case of an indictment being found by a Grand Jury, at any Court of competent jurisdiction in Upper Canada, against any person for High Treason, Misprision of Treason, or Treasonable Practices, and in case the Sheriff makes return to any warrant or capias issued thereupon, that such person is not to be found in his County, the Governor, by and with the advice and consent of the Executive Council, may, immediately upon the making of such return, issue a Proclaination, to be published not less than six weeks in the Canada Gazette, calling upon and requiring the person against whom such indictment has been found, to surrender himself to the custody of the Sheriff of the County within which the Court was held, before which such indictment was found by a day to be named in the said Proclamation, such day not being less than three months from the first publication of such Proclamation in the Gazette; and if such person does not, by the day in such Proclamation named, surrender himself to the custody aforesaid, and submit to justice, then and in such case, after the day in such Proclamation named, he shall stand and be adjudged attainted of the crime expressed and set forth in such indictment, and shall suffer and forfeit, as a person attainted of such crime by the laws of the land, ought to suffer and forfeit. 1 V. c. 9, s. 1. 11. The Justices of every Court of Oyer and Terminer and General Gaol Delivery, at which any such indictment may be found and return of rested. found as aforesaid, shall, upon the return of the Sheriff that the to certify into person named in such indictment is not to be found within the Court of Queen's Bench his County, certify the said indictment, and the proceedings the indictment thereon, into the Court of Queen's Bench or Common Pleas ; the Sheriff that and every such Sheriff, at the expiration of the time li- the party has mited in such Proclamation, shall make a return to the said not been arCourt of Queen's Bench or Common Pleas, of the name of the person, who being named in any such Proclamation as aforesaid, has not surrendered himself to the custody of the said Sheriff, pursuant to the exigency of such Proclamation; and the said Court of Queen's Bench or Common Pleas shall, during the term in or before which such last mentioned return is made, direct judgment of Attainder against such person to be entered on record. 1 V. c. 9, s. 2. selt. 12. If any person against whom any such Judgment In case party of Attainder has been entered does within three months next surrenders himafter the day of entry of such Judgment, surrender himself to the custody of the Sheriff of the County of York, and by the oath of two credible witnesses, establishes to the satisfaction of the said Court of Queen's Bench or Common Pleas, that such person was actually and bona fide prevented from surrendering himself, pursuant to the exigency of such Proclamation, by reason of absence beyond seas, sickness or other inevitable necessity, then the said Court may reverse the said Judgment The Court may of Attainder, and transmit the indictment to any Court of Oyer reverse the Outlawry. and Terminer, to be held in and for the County wherein such indictment was found; and such person so surrendering shall be tried for the offence charged in such indictment in like manner as if no such Judgment of Attainder had been entered. 1 V. c. 9, s. 3. CAP. CVIII. An Act respecti g Prosecutions in cases of Misde meanor. HER ER Majesty, by and with the advice and consent of the follows: misdemeanor in the Queen's 1. In case any person be prosecuted in Her Majesty's Court Defendant in of Queen's Bench or of Common Pleas for Upper Canada, not allowed to for any misdemeanor, by information there filed or by indictment postpone trial there found, or removed into such Court, and appears therein by parlance in term time, in person, or in case of a corporation by Attorney, to Bench or Comanswer to such information or indictment, such defendant, upon mon Pleas. being charged there with, shall not imparle to a following term, but shall plead or demur thereto, within four days from the time of his appearance, and in default of his pleading or demurring within four days aforesaid, judgment may be entered against such defendant for want of a plea. 20 V. c. 62, s. 1. |