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 endorsed thereon: and shall forbear accordingly to levy any such forfeited recognizance or fine. R. S. C. c. 179, ss. 12 & 13.

Not applicable to Quebec.

SALE OF LANDS BY SHERIFF UNDER ESTREATED RECOGNIZANCE.

920. If upon any writ issued under section nine hundred and sixteen, the sheriff takes lands or tenements in execution, he shall advertise the same in 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. R. S. C. c. 179, s. 14.

Not applicable to Quebec.

DISCHARGE FROM CUSTODY ON GIVING SECURITY.

921. 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 such person and the surety or sureties of the person. so bound as aforesaid. R. S. C. c. 179, s. 16.

Not applicable to Quebec.

DISCHARGE OF FORFEITED RECOGNIZANCE.

922. The court, into which any writ of fieri facias and capias issued under the provisions of this part is returnable, may inquire into the circum stances 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. R. S. C. c. 179, s. 17.

Not applicable to Quebec.

RETURN OF WRIT BY SHERIFF.

923. 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. R. S. C. c. 179, s. 18.

Not applicable to Quebec.

ROLL AND RETURN TO BE TRANSMITTED TO MINISTER OF FINANCE.

924. 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 section nine hundred and nineteen. R. S. C. c. 179, s. 19.

Not applicable to Quebec.

APPROPRIATION OF MONIES COLLECTED BY SHERIFF.

925. The sheriff or other officer shall, without delay, pay over all moneys collected under the provisions of this part by him, to the Minister of Finance and Receiver-General, or other person entitled to receive the same. R. S. C. c. 179, s. 20.

SPECIAL PROVISIONS FOR QUEBEC.

926. The provisions of sections nine hundred and sixteen and nine hun. dred and nineteen to nine hundred and twenty-four, both inclusive, shall not apply to the province of Quebec, and the following provisions shall apply to that province only :

2. Whenever default is made in the condition of any recognizance lawfully entered into or taken in any criminal case, proceeding or matter, in the province of Quebec, within the legislative authority of the Parliament of Canada, so 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 where the recognizance has been entered into orally in open court-a certificate or minute of such recognizance, under the seal of the court, shall be made from the records of such court.

(a) Such recognizance, certificate or minute, as the case may be, shall be transmitted by the court, recorder, justice of the 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;

(b) The date of the receipt of such recognizance or minute and certificate by the prothonotary of the said court, shall be endorsed 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;

(c) Such execution shall issue upon fiat or præcipe of the Attorney-General, or of any person thereunto authorized in writing by him; and the Crown shall be entitled to the costs of execution and to costs on all proceedings in the case subsequent to execution, and to such costs, in the discretion of the court, for the entry of the judgment, as are fixed by any tariff.

3. Nothing in this section contained shall prevent the recovery of the sum forfeited by the breach of any recognizance 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;

(a) In such case the sum forfeited by the non-performance of the condi tions of such recognizance shall be recoverable, with costs, by action in any court having jurisdiction in civil cases to the amount, at the suit of the Attor ney-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.

4. 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.

5. When a person has been arrested in any district for an offence committed within the limits of the province of Quebec, and a justice of the peace has taken recognizances from the witnesses heard before him or another justice of the 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. R. S. C. c. 179, ss. 21, 22 and 23.

The mere failure of the party to answer, when called, in the term subsequent to that in which he was arraigned could not operate as a forfeiture of his bail: The AttyGeneral v. Beaulieu, 3 L. C. J. 117.

On an information against the bail or surety of a person charged with subornation of perjury, held, that after the accused has pleaded guilty to an indictment, no default can be entered against him, except on a day fixed for his appearance, and that it is the duty of the court to estreat the recognizances in cases like the present: R. v. Croteau, 9 L. C. R. 67.

the

A recognizance taken before a police magistrate under 32 & 33 V. c. 30, s. 44, (D.), omitted the words "to owe": Held, fatal, and that an action would not lie instrument as a recognizance: R. v. Hoodless, 45 U. C. Q. B.

upon

Held, that the forfeiture of a recognizance to appear was a debt sufficient to support the application for an attachment under the Absconding Debtor's Act, and that such writ may be granted at the suit of the crown, where the defendant absconds to avoid being arrested for a felony: R. v. Stewart, 8 P. R. Ont. 297.

A recognizance of bail put in on behalf of a prisoner, recited that he had been indicted at the court of general sessions of the peace for two separate offences, and the condition was, that he should appear at the next sitting of said court, and plead to such indictment as might be found against him by the grand jury; at the next of said sittings, the accused did not appear, and no new indictment was found against him: Held, that the recitals sufficiently showed the intention to be that the accused should appear and answer the indictments already found, and that an order estreating the recognizance was properly made: Re Gauthreaux's Bail, 9 P. R. Ont. 31.

If no indictment is found, the non-appearance of the defendant does not forfeit the recognizance: R. v. Ritchie, 1 U. C. L. J. (N. S.) 272.

PART LX.

FINES AND FORFEITURES.

APPROPRIATION OF FINES, ETC.

927. Whenever no other provision is made by any law of 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.

2. Any duty, penalty or sum of money, or the proceeds of any forfeiture, which is, by any Act, given to the Crown, shall, if no other provision is made respecting it, form part of the Consolidated Revenue Fund of Canada, and shall be accounted for and otherwise dealt with accordingly. R. S. C. c. 180, 88. 2 & 4.

APPLICATION OF FINES, ETC., BY ORDER IN COUNCIL.

928. The Governor in Council may from time to time direct that any fine, penalty or forfeiture, or any portion thereof, which would otherwise belong to the Crown for the public 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. R. S. C. c. 180, s. 3.

RECOVERY OF PENALTY OR FORFEITURE,

929. Whenever any pecuniary penalty or any forfeiture is imposed for any violation of any Act, and no other mode is prescribed for the recovery thereof, such penalty or forfeiture shall be recoverable or enforceable, with costs, in the discretion of the court, 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 appropriation 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. R. S. C. c. 180, s. 1.

LIMITATION OF ACTION.

930. No action, suit or information shall be brought or laid for any penalty or forfeiture under any such Act except within two years after the cause of action arises or after the offence is committed, unless the time is otherwise limited by such Act. R. S. C. c. 180, s. 5.