960. Proceedings for Not Finding Sureties to Keep the Peace.-Whenever any person, who has been required to enter into a recognizance with sureties to keep the peace and be of good behaviour, has, on account of his default therein, 'remained imprisoned for two weeks, thes heriff, gaoler, or warden shall give notice, in writing, of the facts to a judge of a Superior Court, or to a judge of the County Court of the county or district in which such gaol or prison is situate, and, in the cities of Montreal and Quebec, to a judge of the Sessions of the Peace for the district, or, in the North-West Territories, to a stipendiary magistrate—and such judge or magistrate may order the discharge of such person, thereupon, or at a subsequent time, upon notice to the complainant or otherwise, or may make such other order as he sees fit, respecting the number of sureties, the sum in which they are to be bound, and the length of time for which such person may be bound.

FORMS UNDER PART LXV. OF THE CODE.

WWW.-(Section 959.)

COMPLAINT, BY THE PARTY THREATENED, FOR SURETIES FOR THE

PEACE.

Canada,

Province of

County of

.in

The information (or complaint) of C. D., of the said county of , (labourer), (if preferred by an attorney or agent, say-by D. E., his duly authorized agent [or attorney], in this behalf,) taken upon oath, before me, undersigned, a justice of the peace in and for the said county of in the said county of

at this

day of

who says that A. B., of

in the said county, did, on the

the

in the year

day of

(instant or last past), threaten the said C. D. in the words or to the effect following, that is to say: (set them out, with the circumstances

under which they were used); and that from the above and other threats used by the said A. B. towards the said C. D., he, the said C. D., is afraid that the said A. B. will do him some bodily injury, and therefore prays that the said A. B. may be required to find sufficient sureties to keep the peace and be of good behaviour toward him, the said C. D.; and the said C. D. also says that he does not make this complaint against nor require such sureties from the said A. B. from any malice or ill-will, but merely for the preservation of his person from injury.

, and severally acknow

personally came before (us) the undersigned, (two) justices of the peace for the county of ledged themselves to owe to our Lady the Queen the several sums following, that is to say; the said A. B. the sum of the said L. M. and N. O. the sum of

, and , each, of good and lawful money of Canada, to be made and levied of their goods and chattels, lands and tenements, respectively, to the use of our said Lady the Queen, her heirs and successors, if he, the said A. B., fails in the condition endorsed (or hereunder written).

at

Taken and acknowledged the day and year first above mentioned, before us.

J. S.
J. T.

J. P.'s, (Name of county.)

The condition of the within (or above) written recognizance is such that if the within bound A. B. (of, &c.), * appears at the next Court of General Sessions of the Peace, (or other court discharg

ing the functions of the Court of General Sessions), to be holden in and
for the said county of
to do and receive what
is then and there enjoined him by the court, and in the meantime*
keeps the peace and is of good behaviour towards Her Majesty and
her liege people, and specially towards C. D. (of, &c.), for the term
now next ensuing, then the said recognizance to be

of

1 void, otherwise to stand in full force and virtue.

YYY.-(Section 959.)

FORM OF COMMITMENT IN DEFAULT OF SURETIES.

Canada,

Province of
County of

To all or any of the other peace officers in the county of

and to the keeper of the common gaol of the said

on oath was made before the undersigned (or J. L., Esquire), a jus

tice of the peace in and for the said county of

in the said county, (labourer), that

day of

at "

aforesaid, did threaten (&c., follow to the end of complaint, as in form above, in the past tense, then): And whereas the said A. B. was this day brought and appeared before me, the said justice (or J. L., Esquire, a justice of the peace in and for the said county of ), to answer unto the said complaint; and having been required by me to enter into his own recognizance in the sum of with two sufficient sureties each, as well for his appearance

in the sum of

at the next General Sessions of the peace (or other court discharging the functions of the Court of General Sessions, or as the case may be), to be held in and for the said county of

to do what

The words between the asterisks ** to be used only where the principal is required to appear at the sessions or such other court.

shall be then and there enjoined him by the court, as also in the meantime to keep the peace and be of good behaviour towards Her Majesty and her liege people, and especially towards the said C. D., has refused and neglected, and still refuses and neglects, to find such sureties: These are, therefore, to command you, and each of you, to take the said A. B., and him safely to convey to the (common gaol) at aforesaid, and there to deliver him to the keeper thereof, together with this precept: And I do hereby command you, the said keeper of the said (common gaol), to receive the said A. B. into your custody in the said (common gaol), there to imprison him until the said next General Sessions of the peace (or the next term or sitting of the said court discharging the functions of the Court of General Sessions, as the case may be), unless he, in the meantime, finds sufficient sureties as well for his appearance at the said Sessions (or court) as in the meantime to keep the peace as aforesaid.

Given under my hand and seal, this

day of

, in the county aforesaid.

J. S., [SEAL.]

J. P. (Name of county.)

The words between the asterisks ** to be used when the recognizance is to be so conditioned.

FOURTH DIVISION.

ALPHABETICAL SYNOPSIS OF THE CRIMINAL LAW OF CANADA.

ABANDONMENT.

Abandoning Child Under Two Years Old.-It is an indictable offence, punishable by three years imprisonment, to unlawfully abandon or expose any child under two years old, whereby its life is endangered, or its health permanently injured.

The words" abandon" and "expose

include a wilful OMISSION

to take charge of the child, on the part of the person legally bound to take charge of it, and any mode of dealing with it calculated to leave it exposed to risk without protection. (Code, Art. 216.)

Two defendants were charged with having abandoned and exposed a weakly bastard child, five weeks old, and with having thereby endangered its life. The defendants (one being the child's mother) wrapped the child in a shawl and packed it in a hamper. with shavings and wool, and left it at the railway station at M.. the hamper being addressed to the child's father at G., the father having told the mother, before the child's birth, that, if she sent it to him, he would keep it. The mother paid the carriage of the hamper and told the railway clerk to be careful of it and to send it by the next train, due in ten minutes. Upon the address were the words." WITH CARE-TO BE DELIVERED IMMEDIATELY." The hamper arrived at its address in G. in an hour from being despatched from M., and, on being opened, the child was alive, but died three weeks afterwards, from causes not attributable to the