PART LXVII. PUNISHMENTS ABOLISHED. 962. Outlawry in criminal cases is abolished. Outlawry. 963. The punishment of solitary confinement or of the Solitary conpillory shall not be awarded by any court. R. S. C., c. 181, pillory. s. 34. finement; 964. There shall be no forfeiture of any chattels, which Deodand. have moved to or caused the death of any human being, in respect of such death. R.S.C., c. 181, s. 35. 965. From and after the passing of this Act no confession Attainder. verdict, inquest, conviction or judgment of or for any treason or indictable offence or felo de se shall cause any attainder or corruption of blood, or any forfeiture or escheat; Provided that nothing in this section shall affect any fine or penalty imposed on any person by virtue of his sentence, or any forfeiture in relation to which special provision is made by any Act of the Parliament of Canada. 33-34 V. (U.K.) c. 23, ss. 1, 6 and 5. PART LXVIII. PARDONS. 966. The Crown may extend the royal mercy to any per- Pardon by son sentenced to imprisonment by virtue of any statute, Crown. although such person is imprisoned for non-payment of money to some person other than the Crown. 2. Whenever the Crown is pleased to extend the royal mercy to any offender convicted of an indictable offence punishable with death or otherwise, and grants to such offender either a free or a conditional pardon, by warrant under the royal sign manual, countersigned by one of the principal Secretaries of State, or by warrant under the hand and seal-at-arms of the Governor General, the discharge of such offender out of custody, in case of a free pardon, and the performance of the condition in the case of a conditional pardon, shall have the effect of a pardon of such offender, under the great seal, as to the offence for which such pardon has been granted; but no free pardon, nor any discharge in consequence thereof, nor any conditional pardon, nor the performance of the condition thereof, in any of the cases aforesaid, shall prevent or mitigate the punishment to which the offender might otherwise be lawfully sentenced, on a subsequent conviction for any offence other than that for which the pardon was granted. R.S.C., c. 181, ss. 38 and 39. 20 967. Commutation of sentence. Undergoing sentence, a pardon. 967. The Crown may commute the sentence of death passed upon any person convicted of a capital offence to imprisonment in the penitentiary for life, or for any term of years not less than two years, or to imprisonment in any gaol or other place of confinement for any period less than two years, with or without hard labour; and an instrument under the hand and seal-at-arms of the Governor General, declaring such commutation of sentence, or a letter or other instrument under the hand of the Secretary of State or of the Under Secretary of State, shall be sufficient authority to any judge or justice, having jurisdiction in such case, or to any sheriff or officer to whom such letter or instrument is addressed, to give effect to such commutation, and to do all such things and to make such orders, and to give such directions, as are requisite for the change of custody of such convict, and for his conduct to and delivery at such gaol or place of confinement or penitentiary, and his detention therein, according to the terms on which his sentence has been commuted. R.S.C., c. 181, s. 40. 968. When any offender has been convicted of an offence equivalent to not punishable with death, and has endured the punishment to which such offender was adjudged,-or if such offence is punishable with death and the sentence has been commuted, then if such offender has endured the punishment to which his sentence was commuted, the punishment so endured shall, as to the offence whereof the offender was so convicted, have the like effect and consequences as a pardon under the great seal; but nothing herein contained, nor the enduring of such punishment, shall prevent or mitigate any punishment to which the offender might otherwise be lawfully sentenced, on a subsequent conviction for any other offence. R.S.C., c. 181, s. 41. Satisfying judgment. Royal prerogative. Conditional offenders in 969. When any person convicted of any offence has paid the sum adjudged to be paid, together with costs. if any, under such conviction, or has received a remission thereof from the Crown, or has suffered the imprisonment awarded for nonpayment thereof, or the imprisonment awarded in the first instance, or has been discharged from his conviction by the justice of the peace in any case in which such justice of the peace may discharge such person, he shall be released from all further or other criminal proceedings for the same cause. R.S.C., c. 181, s. 42. 970. Nothing in this part shall in any manner limit or affect Her Majesty's royal prerogative of mercy. R. S. C., c. 181, s. 43. 971. In any case in which a person is convicted before any release of first court of any offence punishable with not more than two certain cases. years' imprisonment, and no previous conviction is proved against him, if it appears to the court before which he is so convicted convicted, that, regard being had to the youth, character, and antecedents of the offender, to the trivial nature of the offence, and to any extenuating circumstances under which the offence was committed, it is expedient that the offender be released on probation of good conduct, the court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a recognizance, with or without sureties, and during such period as the court directs, to appear and receive judgment when called upon, and in the meantime to keep the peace and be of good behaviour. 2. The court may, if it thinks fit, direct that the offender shall pay the costs of the prosecution, or some portion of the same, within such period and by such instalments as the court directs. 52 V., c. 44, s. 2. 972. The court, before directing the release of an offender Conditions of under the next preceding section, shall be satisfied that the release. offender or his surety has a fixed place of abode or regular occupation in the county or place for which the court acts, or in which the offender is likely to live during the period named for the observance of the conditions. 52 V., c. 44, s. 4. cognizance. 973. If a court having power to deal with such offender in Proceeding on respect of his original offence or any justice of the peace is default of resatisfied by information on oath that the offender has failed to observe any of the conditions of his recognizance, such court or justice of the peace may issue a warrant for his apprehension. 2. An offender, when apprehended on any such warrant, shall, if not brought forthwith before the court having power to sentence him, be brought before the justice issuing such warrant or before some other justice in and for the same territorial division, and such justice shall either remand him by warrant until the time at which he was required by his recognizance to appear for judgment, or until the sitting of a court having power to deal with his original offence, or admit him to bail (with a sufficient surety) conditioned on his appearing for judgment. 3. The offender when so remanded may be committed to a prison, either for the county or place in or for which the justice remanding him acts, or for the county or place where he is bound to appear for judgment; and the warrant of remand shall order that he be brought before the court before which he was bound to appear for judgment, or to answer as to his conduct since his release. 52 V., c. 44, s. 3. 974. In the three next preceding sections the expression Interpre"court" means and includes any superior court of criminal tation. jurisdiction, any "judge" or court within the meaning of Part LV., and any "magistrate" within the meaning of Part LVI. of this Act. 52 V., c. 44, s. 1. 201 TITLE Time and place of action. Notice of action. Defence. Tender or payment into court. Costs. Other re medies saved. TITLE IX. ACTIONS AGAINST PERSONS ADMINISTERING THE 975. Every action and prosecution against any person for anything purporting to be done in pursuance of any Act of the Parliament of Canada relating to criminal law, shall, unless otherwise provided, be laid and tried in the district, county or other judicial division, where the act was committed, and not elsewhere, and shall not be commenced except within six months next after the act cominitted. R.S.C., c. 185, s. 1. 976. Notice in writing of such action and of the cause thereof, shall be given to the defendant one month at least before the commencement of the action. R.S.C., c. 185, s. 2.. 977. In any such action the defendant may plead the general issue, and give the provisions of this title and the special matter in evidence at any trial had thereupon. R.S.C., c. 185, s. 3. 978. No plaintiff shall recover in any such action if tender of sufficient amends is made before such action brought, or if a sufficient sum of money is paid into court by or on behalf of the defendant after such action brought. R.S.C., c. 185, s. 4. 979. If such action is commenced after the time hereby limited for bringing the same, or is brought or the venue laid in any other place than as aforesaid, a verdict shall be found or judgment shall be given for the defendant; and thereupon or if the plaintiff becomes nonsuit, or discontinues any such action after issue joined, or if upon demurrer or otherwise judgment is given against the plaintiff, the defendant shall, in the discretion of the court, recover his full costs as between solicitor and client, and shall have the like remedy for the same as any defendant has by law in other cases; and although a verdict or judgment is given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the judge, before whom the trial is had, certifies his approval of the action. R.S.C., c. 185, s. 5. 980. Nothing herein shall prevent the effect of any Act in force in any province of Canada, for the protection of justices of the peace or other officers from vexatious actions for things purporting to be done in the performance of their duty. R.S.C., c. 185, s. 6. .981, TITLE X. REPEAL, &c. 981. The several Acts set out and described in schedule Statutes two to this Act shall, from and after the date appointed for repealed 2. Every offence which has been committed, either wholly The provisions of this Act which relate to procedure shall apply to all prosecurions commemced on or after the day upon which this Act comes into force in relation to any offence whensoever committed. The proceedings in respect of any prosecution commenced before the said date otherwise than under the Summary Convictious Act, shall up to the time of committal for trial, be continued as if this Act had not been passed and after committal for trial shall be subject to all the provisions of this Act relating to procedure so far as the same are applicable thereto. The proceedings in respect of any prosecutions commenced before the said day under the Summary Conviction Act, shall be continued and carried on as if this Act had not been passed. as if the said Acts or parts of Ats had not been repealed, Amended 56 Vic.C.32. schedule one 982. The several forms in schedule one to this Act, varied Forms in Act to N.W. 983. The provisions of this Act extend to and are in force Application of 2. Nothing in this Act shall affect any of the laws relating Not to affect H. M. forces |