Page images
PDF
EPUB
[ocr errors]

prosecuted for larceny or embezzlement upon the same facts.” (Ib. s. 59.)

EVIDENCE RESPECTING MONEY.—“In case of embezzlement, or of obtaining money or bank notes under false pretences, it shall be sufficient to describe such money or bank notes simply as money, without allegation, so far as regards the description of the property, specifying any particular coin or bank note; and such averment shall be sustained by proof that the offender embezzled or obtained any piece of coin, or any bank note, or any portion of the value thereof, although such piece of coin or bank note may have been delivered to him in order that some part of the value thereof should be returned to the party delivering the same, or to any other person, and such part has been returned accordingly.” (Ib. s. 60.)

EMBRACERY. Embracery is an attempt to influence a jury in their verdict, by one aiding them, or by promises, entreaties or entertainments.

The giving of money to a juror after the verdict, without any preceding contract, is an offence savouring of embracery; but not so the payment of a juror's travelling expenses. Analogous to this offence is that of persuading or endeavouring to persuade a witness from attending to give evidence, which is punishable also by fine and imprisonment. It is no matter that the attempt has been unsuccessful.

“Notwithstanding anything herein contained, every person who is guilty of the offence of embracery, and every juror who wilfully or corruptly consents thereto, shall be respectively proceeded against by indictment or information, and be punished by fine and imprisonment, in like manner as such person and juror might have been before the passing of this act.” (Con. Stat. U. C. c. 31, s. 166.)

ESTREAT. If the condition of a recognizance be broken, such recognizance becomes forfeited; and, being estreated, or extracted from

the record, and ordered to be forfeited, the fine remains to be levied by the sheriff.

such person

EsTREAT OF RECOGNIZANCE.—“In case any person bound by recognizance for his appearance (or for whose appearance any other person has become so bound) to prosecute or give evidence in any case of felony or misdemeanor, 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 and surety, 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 nonappearance of such person the ends of justice have been defeated or delayed.” (Con. Stat. C. c. 99, s. 120.)

“Every such officer shall, before any such recognizance be estreated, lay such list, if at a court of oyer and terminer or gaol delivery in any district or county, or at any of Her Majesty's superior courts of Records in this Province, before one of the Justices of those courts respectively; or if at a Session of the Peace, before two of the Justices of the Peace who attended such court; who are respectively required to examine such list, and to make such order touching the estreating or putting in process any such recognizance as appears just; and no officer of any such court shall estreat or put in process any such recognizance without the written order of the Justice or Justices of the Peace before whom respectively such list has been laid." (16. s. 121.)

“All fines, issues, amerciaments and forfeited recognizances, not otherwise provided for, set, imposed, lost or forfeited, by or before any court of General Quarter Sessions of the Peace, shall, within twenty-one days after the adjournment of such court, be fairly entered and extracted on a roll by the clerk of the peace, which roll shall be made out in duplicate, and shall be signed by the clerk of the peace.” (Con. Stat. U. C., C. 117, s. 3.)

“ One of the said rolls shall remain deposited in the office of the clerk of the peace, and the other of such rolls shall, so soon as the same is prepared, be sent by the clerk of the peace, with a writ of fieri facias and capias, according to the form to this act annexed, to the sheriff of the county in which such Court of Quarter Sessions was held.” (16. s. 4.)

"Such writ shall be authority to the sheriff for proceeding to the immediate levying and recovering of such fines, issues, amerciaments 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 be made, or until the court of General Quarter Sessions of such county, upon cause shewn by the party as hereinafter mentioned, makes an order in the case, and until such order has been fully complied with.” (16. s. 5.)

“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, and for which provision is made in the Consolidated Statute of Canada respecting the procedure in criminal cases, in every case of default whereby a recognizance has become forfeited, if the cause of absence be made known to the court in which the party 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, and all fines imposed by any court, for the non-attendance of any juror or constable, or of any public officer bound to attend at such court, if it appears to the satisfaction of the Judge who presided at such court, or in the case of proceedings before any court of General Quarter Sessions of the Peace, if it appears to the chairman and any two of the Justices who presided at such court that the absence of the person for whose appearance any recognizance was entered into, or that the absence of any person fined for non-attendance

was owing to circumstances which rendered such absence justifiable, such Judge or the chairman and Justices aforesaid may make an order directing that the sum forfeited upon such estreated recognizance, or the fine imposed in any such case as aforesaid, shall not be levied.” (Ib. s. 6.)

“And for such purpose the clerk of assize, or clerk of the peace, before sending to the sheriff any roll, with a writ, of fieri facias and capias, as directed by this act, shall submit the same to the Judge who presided at the assizes, or to the chairman who presided at the Court of Quarter Sessions, for his revision; and such Judge, or such chairman taking to his assistance two of the Justices who presided with him at the sessions, may make a minute on the said roll and writ of any such forfeited recognizances and fines as he or they think 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.” (Ib. s. 7.)

“ The Court of Queen's Bench, or Common Pleas, or Court of General Quarter Sessions, into which any writ of fieri facias and capias, issued under this act, is returnable, may 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 may to such court appear just; and such prder shall accordingly be a discharge to the sheriff, or to the party, according to the circumstances of the case.” (16. s. 11.)

“This act is not to affect the provisions of the Consolidated Statute of Canada respecting the procedure in criminal cases relating to the estreat of the recognizance of any person bound for his appearance or for the appearance of any other person to prosecute or give evidence in any case of felony or misdemeanor, or to answer for any common assault or to articles of the peace.” (16. s. 15.)

“The words 'Quarter Sessions include Recorders' Courts." (Ib. s. 16.)

EXCISE. INTERPRETATION.—“The word 'spirits,' wherever it occurs in this act means, and includes all spirits, strong waters and spirituous liquors of any kind; and the words beer or other malt liquor,' whenever they occur in this act, mean and include beer, ale, porter, lager beer, or other malt liquor of any kind.” (Con. Stat. C. c. 19, s. 1.)

DISTILLING WITHOUT LICENSE:—“No person, other than a person licensed in the manner hereinafter provided, shall act as a distiller in this Province, or shall brew, manufacture, rectify or make therein any spirits from malt, grain, potatoes, mangel-wurzel or other vegetables, or from molasses, sugar or other saccharine matter, under a penalty of forty dollars for each day on which such offence is committed, and on pain also of forfeiting, over and above the penalty aforesaid, all spirits distilled, brewed, manufactured or made in contravention to this act, and every still, mash-tub, fermenting-tun or other vessel, machinery or utensil of any kind used by him, or in his possession or on his premises ;

“ And for the avoidance of doubt, it is hereby declared, that any establishment or place used for the rectifying of spirits by any process, is a distillery within the meaning of this act, and must be licensed under the penalties herein provided.” (16. 8. 2.)

BREWING WITHOUT LICENSE.—“No person, other than a person licensed as hereinafter mentioned, shall brew or make any beer or other malt liquor of any kind, or act as a brewer in this province, under a penalty of forty dollars for each day on which such offence is committed, and on pain also of forfeiting every wash-tub, fermenting-vessel, machine or utensil of any kind used by him as a brewer, or for making any such beer or malt liquor as aforesaid, or adapted for making the same,

and being in his possession or on his premises.” (Ib. 6. 3.)

NAME TO BE ON DISTILLERIES, &c.—“Every party licensed as a distiller or as a brewer shall have his name and calling as such inscribed in legible characters, and exposed on some con

« EelmineJätka »