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(5) This offence is indictable when the value is over $25.

(4) This is an indictable offence, but may be dealt with by the magistrate, summarily when the consequences have not been serious.

(5) This is also indictable

(6) This is in addition to the value of the article in question.

(7) This offence, when committed after a previous conviction, is indictable.

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CHAPTER XIV.

(Part LIX, of the Code.)

RECOGNIZANCES.

910. Render of Accused by Surety.-Any surety for any person charged with any indictable offence may, upon affidavit showing the grounds therefor, with a certified copy of the recognizance, obtain from a judge of a Superior Court or from a judge of a County Court having criminal jurisdiction, or in the province of Quebec from a district magistrate, an order in writing under his hand, to render such person to the common gaol of the county where the offence is to be tried.

2. The sureties, under such order, may arrest such person, and deliver him, with the order, to the gaoler named therein, who shall receive and imprison him in the said gaol, and shall be charged with the keeping of such person until he is discharged by due course of law. (1)

911. Bail after Render. 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 the 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.

912. Discharge of Recognizance.—On due proof of such render, and certificate of the 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

(1) See Form of Information of Surety against a person bailed under Part XLV of the Code, and Forms of Warrant and Commitment thereon, at pp. 247-249, ante.

the officer in charge thereof, which shall vacate the recognizance, and may be pleaded or alleged in discharge thereof.

913. Render in Court. -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.

914. Sureties not Discharged by Arraignment or Conviction. -The arraignment or conviction of any person charged and bound as aforesaid, shall not discharge the recognizance, 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.

915. Right of Surety to Render not Affected.Nothing in the foregoing provisions shall limit or 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.

916. Entry of Fines &c., on Record and Recovery Thereof.-Unless otherwise provided, all fines, issues, amercements and forfeited recognizances, the disposal of which is within the legislative authority of the Parliament of Canada, 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 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, (1) 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.

(1) For Form TTT, see p. 418, post.

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