Page images
PDF
EPUB

RECOGNIZANCE TO KEEP THE PEACE-ARTICLES OF THE PEACE. (New).

(As amended in 1893.)

959. Whenever any person is charged before a justice with an offence triable under Part LVIII. which, in the opinion of such justice is directly against the peace, and the justice after hearing the case is satisfied of the guilt of the accused, and that the offence was committed under circumstances which render it probable that the person convicted will be again guilty of the same or some other offence against the peace unless he is bound over to good behaviour, such justice may, in addition to, or in lieu of, any other sentence which may be imposed upon the accused, require him forthwith to enter into his own recognizances (recognizance), or to give security to keep the peace and be of good behaviour for any term not exceeding twelve months.

2. Upon complaint by or on behalf of any person that on account of threats made by some other person or on any other account, he, the complainant, is afraid that such other person will do him, his wife or child some personal injury, or will burn or set fire to his property, the justice before whom such complaint is made may, if he is satisfied that the complainant has reasonable grounds for his fears, require such other person to enter into his own recognizances (recognizance), or to give security, to keep the peace, and to be of good behaviour, for a term not exceeding twelve months.

3. The provisions of Part LVIII. shall apply so far as the same are applicable to proceedings under this section, and the complainant and defendant and witnesses may be called and examined, and cross-examined, and the complainant and defendant shall be subject to costs as in the case of any other complaint.

4. If any person so required to enter into his own recognizances (recognizance) or give security as aforesaid, refuses or neglects so to do, the same or any other justice may order him to be imprisoned for any term not exceeding twelve months.

5. The forms WWW, XXX and YYY, with such variations and additions as the circumstances may require, may be used in proceedings under this section.

The forms XXX and YYY, taken originally from 16 V. c. 178 (for Upper Canada), are not in conformity with this enactment.

As to articles of the peace, see Bacon's Abr. v. surety of the peace; Archbold's Quart. Sess. 268; Magisterial Guide, Greenwood & Martin, 758; Clarke's Magistrates' Manual, 2nd edit., 542.

No provision is made for the recourse against the sureties where the principal breaks the peace within the time specified.

"Security" defined, Interpretation Act, R. S. C. c. 1.

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 said county of

, in the

, (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

of

in the said county of

[ocr errors]

in the year

[merged small][ocr errors]

, at

day

who says that A. B., of day of

in the said county, did, on the

(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.

[merged small][merged small][merged small][merged small][ocr errors][merged small][merged small]

and N. O. of

[ocr errors]

A. B. of

day of.

, in the

(labourer), L. M. 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

[ocr errors]

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).

Taken and acknowledged the day and year first above mentioned, at

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 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.

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 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

[merged small][ocr errors][merged small]

by

in the said county, (labourer), that A. B., of aforesaid, did

day of

at

[ocr errors]

each, * as

[ocr errors]

threaten (fc., 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 in the sum of 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

[merged small][ocr errors][merged small]

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.

NOTICE WHEN ANY ONE IS IMPRISONED FOR WANT OF SURETIES.

960. 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, 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, 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. R. S. C. c. 181, s. 32. 51 V. c. 47. s. 2.

PART LXVI.

DISABILITIES. (New).

961. If any person hereafter convicted of treason or any indictable offence for which he is sentenced to death or imprisonment for a term exceeding five years, holds at the time of such conviction any office under the Crown or other public employment, or is entitled to any pension or superannuation allowance payable by the public, or out of any public fund, such office or employment shall forthwith become vacant, and such pension or superannuation allowance or emolument shall forthwith determine and cease to be payable, unless such person receives a free pardon from Her Majesty, within two months after such conviction, or before the filling up of such office or employment, if given at a later period; and such person shall become, and (until he suffers the punishment to which he is sentenced, or such other punishment as by competent authority is substituted for the same, or receives a free pardon from Her Majesty) shall continue thenceforth incapable of holding any office under the Crown, or other public employment, or of being elected, or sitting, or voting, as a member of either House of Parliament, or of exercising any right of suffrage or other parliamentary or municipal franchise. 33-34 V. (U. K.) c. 23, s. 2.

2. The setting aside of a conviction by competent authority shall remove the disability herein imposed.

« EelmineJätka »