2ND EDIT. REVISED STATUTES 1906 REMARKS of discipline, and subject to release by the father at any time, will not be interfered with by habeas corpus on behalf of the child by his mother. (11) THE TICKET OF LEAVE ACT. The old Ticket of Leave Acts (62-63 Vic., c. 49 and 63-64 Vic., c. 48), the provisions of which are set out at pages 997-1002 of the Author's second edition of the Criminal Code,-are now repealed, and are replaced by the new Ticket of Leave Act, (R. S., 1906. c. 150), which forms part of the Appendix to the present Supplement. PROVISIONS AS TO SURETIES. Sec. 958. Sec. 1058. Persons convicted may be fined and bound over to keep the peace. Every magistrate under Part XVI and every court of criminal jurisdiction before whom any person is convicted of an offence and is not sentenced to death, shall have power in addition to any sentence imposed upon such person, to require him forthwith to enter into his own recognizances, or to give security to keep the peace, and be of good behaviour for any term not exceeding two years, and that such person in default shall be imprisoned for not more than one year after the expiry of his imprisonment under his sentence, or until such recognizances are sooner entered into or such security sooner given. Sec. 959. 2. Any such recognizance may be in form. 49. (12) Recognizance to keep the peace. Omitted here. (13) Sec. 960. Sec. 1059. Proceedings when party remains in prison for two weeks, without finding sureties. Whenever any person who has been required to enter into a recognizance with sureties, to keep the peace and be of good behaviour, or not to engage in any prize fight, has, on (11) Re A. B., 9 Can, Cr. Cas., 390. (12) Taken from the first half of par. 1 of the old section 958, the latter half and par. 2 thereof being made into section 1035, ante. (13) And made into section 748, ante. 2ND EDIT. REVISED STATUTES 1906 REMARKS account of his default therein, remained imprisoned for two weeks, the sheriff, 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, or, 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. 2. 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. Slightly altered, as here set forth. WHIPPING. Sec. 957. Sec. 1060. Sentence of punishment by whipping. CAPITAL PUNISHMENT. Unchanged. Sec. 935. Sec. 1061. Punishment the same on conviction by verdict or by confession. Sec. 936. Sec. 1062. Unchanged. Form of sentence of death. Unchanged. Sentence of death to be reported to the Secretary of State. Meaning unchanged. Sec. 938. Sec. 1064. Prisoner under sentence of death to be con fined apart. Place of execution. Unchanged. Sec. 939. Sec. 1065. Unchanged. Sec. 941. Sec. 1067. Persons who may also be present at execution. Unchanged. Sec. 942. Sec. 1068. Certificate of death by surgeon, and declaration by sheriff and gaoler. Sec. 943. Sec. 1069. Deputies may act. Meaning unchanged (14). Meaning unchanged. (14) The form of surgeon's certificate of death is now Form 71; and the form of declaration of the sheriff and gaoler is now Form 72. 2ND EDIT. REVISED STATUTES 1906 REMARKS Sec. 945. Sec. 1071. Place of burial. Unchanged. Sec. 1072. Certificate, etc., to be sent to Secretary of at prison, Sec. 947. Sec. 1073. Omissions not to invalidate execution. Unchanged. Sec. 948. Sec. 1074. Procedure in other respects. Unchanged. Sec. 949. Sec. 1075. Rules and Regulations as to execution, Unchanged. Fines imposed under the Montreal City Charter belong to the Crown as represented by the government of the province of Quebec, and not to the City of Montreal, and the city has no power to remit the same. (15). PARDON. Sec. 966. Sec. 1076. Pardon by the Crown. Meaning unchanged. Sec. 967. Sec. 1077. Commutation of sentence. Meaning unchanged. Sec. 968. Sec. 1078. Undergoing sentence equivalent to a par don. Meaning unchanged. Sec. 969. Sec. 1079. Satisfying judgment; and release from all further proceedings. Unchanged. Sec. 970. Sec. 1080. Royal prerogative of mercy not limited. SUSPENDED SENTENCE. Unchanged. Sec. 971. Sec. 1081. Conditional release of first offender; and suspension of sentence when punishment of offence not more than two years imprisonment. Unchanged If no previous conviction is proved against the accused upon a summary trial for an indictable offence, and the magistrate's power to award imprisonment is limited to a term of less than two years, such magistrate may, upon conviction, release the accused upon suspended sentence; and where the person convicted upon a summary trial, is released upon suspended sentence and is directed to pay the informant's costs, such costs are payable forthwith, unless otherwise ordered. (16). The proper time for taking evidence of a previous conviction to exclude a magistrate's jurisdiction to release on suspended sentence is after the finding of guilty on the present charge, and not during the hearing of the charge. If the Crown does not adduce evidence (15) Er p. John Armitage, 5 Can. Cr. Cas., 345. 2ND EDIT. REVISED STATUTES 1906 REMARKS of a previous conviction, the magistrate may, on his own initiative, call for the records under his own control and custody and hold an enquiry upon the question whether the defendant had been previously convicted before him, as well as on the questions of identity, age and antecedents of the defendant, for the purpose of considering the appropriate punishment or a release on suspended sentence, where the latter is permissable. (17). Where a convicted person, instead of being sentenced, is discharged from custody upon entering into a recognizance with sureties to appear and receive judgment when called on, it is only on motion of the Crown that the recognizance can be estreated or judgment moved against him. In Ontario, it has been held that a private prosecutor, in a prosecution for defamatory libel, has no locus standi to make the application. (18) Sec. 972. Sec. 1082. Conditions of release. Unchanged. Sec. 973. Sec. 1083. Warrant when recognizance not observed. Unchanged. REMITTING PENALTIES. Sec. 1084. Governor in Council may remit fines, etc.- Added. (17) R. v. Bonnevie, 10 Can. Cr. Cas., 376. (18) R. v. Young, 4 Can. Cr. Cas., 580. Sec. 926. Sec. 1086. Definition of 'cognizor.' In the sections of this Part relating exclusively to the province of Quebec, unless the context otherwise requires, 'cognizor' includes any number of cognizors in the recognizance whether as principals or suretics. (19) DIVISION OF PART. Sec. 926. Sec. 1087. Certain sections apply only to Quebec, and others not to Quebec. Sections 1088 to 1101 inclusive are general in their application. Sections 1102 to 1112 inclusive do not apply to the province of Quebec. Sections 1113 to 1119 inclusive apply to the province of Quebec only. (20) GENERAL. Sec. 910. Sec. 1088. Render of accused by surety. Unchanged. Sec. 911. Sec. 1089. Bail after Render. Meaning unchanged. Sec. 912. Sec. 1090. Discharge of Recognizance. Unchanged. Sec. 913. Sec. 1091. Render of accused in court by sureties. Unchanged. Sec. 914. Sec. 1092. Sureties not discharged by arraignment or Meaning unchanged. Sec. 915. Sec. 1093. Right of surety to render not affected,. conviction. Unchanged. Sec. 917. Sec. 1094. Officer to prepare list of persons under recognizance making default. Meaning unchanged. Sec. 918. Sec. 1095. Proceedings on forfeited recognizance not to be taken except by order of judge, etc. Meaning unchanged. Sec. 893. Sec. 1096. Proceedings for enforcing recognizance on certiorari. The like proceedings may be (19) Taken from par. 4 of the old section 926. (20) Taken from par. 1 of the old sec. 926. |