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. Royal prerogative.— Nothing in this part shall in any manner limit or affect Her Majesty's Royal Prerogative of Mercy. RS.C., c 181, s. 43.

971. Conditional release of first offenders in certain cases.-In any case in which a person is convicted before any Court of any offence punishable with not more than two years' imprisonment, and no previous conviction is proved against him, if it appears to the Court before which he is so 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 judg ment 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. Conditions of Release.—The Court, before directing the release of an offender under the next preceding section, shall be satisfied that the 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.

973, Proceeding on Default of Recognizance, - If a Court having power to deal with such offender in respect of his original offence or any Justice of the Peace is satisfied 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. Interpretation. In the three next preceding sections the expression "Court" means and includes any Superior Court of criminal 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.

FORMS UNDER TITLE VIII.

UUU.-(Section 942.)

Dated this

FROM SCHEDULE ONE.

CERTIFICATE OF EXECUTION OF JUDGMENT OF DEATH.

I, A. B., surgeon (or as the case may be) of the (describe the prison), hereby certify that I, this day, examined the body of C. D., on whom judgment of death was this day executed in the said prison; and that on such examination I found that the said C. D. was dead.

(Signed),

A. B.

Dated this

day of

VVV.-(Section 942.)

DECLARATION OF SHERIFF AND OTHERS.

We, the undersigned, hereby declare that judgment of death was this day executed on C. D., in the (Describe the prison) in our

presence.

day of

E. F., Sheriff of——

L. M., Justice of the Peace for

G. H., Gaoler of

&c.,

in the year

&c.

WWW.—(Section 959.)

COMPLAINT BY THE PARTY THREATENED, FOR SURETIES FOR THE PEACE.

Canada,

Province of
County of

"

The information (or complaint) of C. D, of in 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, the undersigned, a Justice of the Peace, in and for the said county of

at

}

in the said county of day of in the year who says that A. B., of in the said county, did, on the 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 towards 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.

XXX (Section 959.)

Canada,

FORM OF RECOGNIZANCE FOR THE SESSIONS.

Province of
County of

in the year

of

this

Be it remembered that on the

day of

A. B. of

"

"

, (labourer), L. M. (grocer), and N. O., of , (butcher), personally came before (us) the undersigned, (two) Justices of the Peace for the county of and severally acknowledged themselves to owe to our Lady the Queen the several sums following, that is to say the said A. B. the sum of and the said L. M. and N. O. the sum of 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).

2

"

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

at

"

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 discharging 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 of now next ensuing, then the said recognizance to be void, otherwise to stand in full force and virtue.

The words between the asterisks to be used only where the principal is required to appear at the sessions of such other Court.

J. S.,

J. T.,

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

Canada

Province of

County of

YYY.-(Section 959.)

FORM OF COMMITMENT IN DEFAULT OF SURETIES.

}

To all or any of the other Peace Officers in the county of

"

by C. D., of

and to the keeper of the common gaol of the said county, at in the said county. Whereas on the day of (instant), complaint on oath was made before the undersigned (or J. L., Esquire, a Justice of the Peace in and for the said county of in the said county, (labourer), that A. B., of (&c.), on the day of 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

at

2

"

:

2

), 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 in the sum of each, as well for his appearance 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 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, or 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

in the year

at

day of

in the county aforesaid.

>

J. S., [SEAL.]

J. P., (Name of county.)

44

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