Bail after render.

Discharge of

911. The person rendered may apply to a judge of a superior court, or in cases in which a judge of a county court may admit to bail, to a judge of a county court, to be again admitted to bail, who may on examination allow or refuse the same, and make such order as to the number of the sureties and the amount of recognizance as he deems meet,-which order shall be dealt with in the same manner as the first order for bail, and so on as often as the case requires. R.S.C., c. 179, s. 3.

912. On due proof of such render, and certificate of the recognizance. sheriff, proved by the affidavit of a subscribing witness, that such person has been so rendered, a judge of the superior or county court, as the case may be, shall order an entry of such render to be made on the recognizance by the officer in charge thereof, which shall vacate the recognizance, and may be pleaded or alleged in discharge thereof. R.S.C., c. 179, s. 4.

Render in court.

Sureties not

arraignment

913. The sureties may bring the person charged as aforesaid into the court at which he is bound to appear, during the sitting thereof, and then, by leave of the court, render him in discharge of such recognizance at any time before trial, and such person shall be committed to gaol, there to remain until discharged by due course of law; but such court may admit such person to bail for his appearance at any time it deems meet. R.S.C., c. 179, s. 5.

914. The arraignment or conviction of any person charged discharged by and bound as aforesaid, shall not discharge the recognizance, or conviction. but the same shall be effectual for his appearance for trial or sentence, as the case may be; nevertheless the court may commit such person to gaol upon his arraignment or trial, or may require new or additional sureties for his appearance for trial or sentence, as the case may be, notwithstanding such recognizance; and such commitment shall be a discharge of the sureties. R.S.C., c. 179, s. 6.

Right of su

not affected.

915. Nothing in the foregoing provisions shall limit or rety to render restrict any right which a surety now has of taking and rendering to custody any person charged with any such offence, and for whom he is such surety. R.S.C., c. 179,

s. 7.

Entry of fines, 916. Unless otherwise provided, all fines, issues, amerce&c., on record ments and forfeited recognizances, the disposal of which is thereof. within the legislative authority of the Parliament of Canada,

and recovery

set, imposed, lost or forfeited before any court of criminal jurisdiction shall, within twenty-one days after the adjournment of such court be fairly entered and extracted on a roll by the clerk of the court, or in case of his death or absence, by any other person, under the direction of the judge who presided at such court, which roll shall be made in duplicate

and

and signed by the clerk of the court, or in case of his death. or absence, by such judge.

2. If such court is a superior court of criminal jurisdiction one of such rolls shall be filed with the clerk, prothonotary, registrar or other proper officer

(a.) in the province of Ontario, of a division of the High Court of Justice;

(b.) in the provinces of Nova Scotia, New Brunswick and British Columbia, of the Supreme Court of the province; (c.) in the province of Prince Edward Island, of the Supreme Court of Judicature of that province;

(d.) in the province of Manitoba, of the Court of Queen's Bench of that province; and

(e.) in the North-west Territories, of the Supreme Court of the said territories,

on or before the first day of the term next succeeding the court by or before which such fines or forfeitures were imposed or forfeited.

3. If such court is a court of General Sessions of the Peace, or a county court, one of such rolls shall remain deposited in the office of the clerk of such court.

4. The other of such rolls shall, as soon as the same is prepared, be sent by the clerk of the court making the same, or in case of his death or absence, by such judge as aforesaid, with a writ of fieri facias and capias, according to the form TTT in schedule one to this Act, to the sheriff of the county in and for which such court was holden; and such writ shall be authority to the sheriff for proceeding to the immediate levying and recovering of such fines, issues, amercements and forfeited recognizances, on the goods and chattels, lands and tenements of the several persons named therein, or for taking into custody the bodies of such persons respectively, in case sufficient goods and chattels, lands or tenements cannot be found, whereof the sums required can be made; and every person so taken shall be lodged in the common gaol of the county, until satisfaction is made, or until the court into which such writ is returnable, upon cause shown by the party, as hereinafter mentioned, makes an order in the case, and until such order has been fully complied with.

5. The clerk of the court shall, at the foot of each roll made out as herein directed, make and take an affidavit in the following form, that is to say:

66

"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 forfeitures "which were set, lost, imposed or forfeited, at or by the "court therein mentioned, 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

1912

Officer to Prepare lists of persons

zance making default.

"wilful discharge, omission, misnomer or defect whatso"ever. So help me God;"

Which oath any justice of the peace for the county is hereby authorized to administer. R.S.C., c. 179, ss. 8, 9 and 15.

917. If any person bound by recognizance for his appearance (or for whose appearance any other person has become under recogni- so bound) to prosecute or give evidence on the trial of any indictable offence, or to answer for any common assault, or to articles of the peace, makes default, the officer of the court by whom the estreats are made out, shall prepare a list in writing, specifying the name of every person so making default, and the nature of the offence in respect of which such person, or his surety, was so bound, together with the residence, trade, profession or calling of every such person and -urety, and shall, in such list, distinguish the principals from the sureties, and shall state the cause, if known, why each such person did not appear, and whether, by reason of the non-appearance of such person, the ends of justice have been defeated or delayed. R.S.C., c. 179, s. 10.

Proceeding on forfeited re

to be taken

except on

&c.

918. Every such officer shall, before any such recognizance cognizance not is estreated, lay such list before the judge or one of the judges who presided at the court, or if such court was not presided order of judge, over by a judge, before two justices of the peace who attended at such court, and such judge or justices shall examine such list, and make such order touching the estreating or putting in process any such recognizance as appears just, subject, in the province of Quebec, to the provisions hereinafter contained; and no officer of any such court shall estreat or put in process any such recognizance without the written order of the judge or justices of the peace before whom respectively such list has been laid. R.S.C., c. 179, s. 11.

Recognizance need not be estreated in certain cases.

919. Except in the cases of persons bound by recognizance for their appearance, or for whose appearance any other person has become bound to prosecute or give evidence on the trial of any indictable offence, or to answer for any common assault, or to articles of the peace, in every case of default 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.

2. The clerk of the court shall, for such purpose, before sending to the sheriff any roll, with a writ of fieri facias and capias, as directed by section nine hundred and sixteen, submit the same to the judge 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 endorsed thereon, and shall forbear accordingly to levy any such forfeited recognizance or fine. R.S.C., c. 179, ss. 12 and 13.

by sheriff

zance.

920. If upon any writ issued under section nine hundred Sale of lands and sixteen, the sheriff takes lands or tenements in execution, under estreathe shall advertise the same in like manner as he is required ed recognito 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.

921. If any person on whose goods and chattels a sheriff, Discharge bailiff or other officer is authorized to levy any such for- on giving from custody feited recognizance, gives security to the said sheriff or other security. 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.

forfeited

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

923. The sheriff, to whom any writ is directed under this Return of writ by sheriff. 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.

Roll and return to be transmitted to Minister of Finance.

Appropriation of moneys collected by sheriff.

Quebec.

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 ReceiverGeneral, with a minute thereon of any of the sums therein mentioned, which have beeǹ 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.

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.

926. The provisions of sections nine hundred and sixteen and nine hundred and nineteen to nine hundred and twentyfour, 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.)