2ND EDIT. REVISED STATUTES 1906 REMARKS whether with or without battery and wounding, is ordered to pay costs as aforesaid, he shall be liable, unless the said costs are sooner paid, to three months' imprisonment, in addition to the term of imprisonment, if any, to which he is sentenced for the offence, and the court may, by warrant in writing, order, the amount of such costs to be levied by distress and sale of the goods and chattels of the offender, and paid to the prosecutor, and the surplus, if any, arising from such sale, to the owner. 2. If such sum is so levied, the offender shall be released from such imprisonment. Sec. 835. Sec. 1047. Taxation of costs. Slightly altered. The taxation of costs against an unsuccessful private prosecutor, who has at his own request been bound over to prefer an indictment, is controlled by this section. (6) Sec. 836. Sec. 1048. Compensation for loss of property. No material alteration. Sec. 1049. Compensation to bona fide purchasers of stolen property. Unchanged. Sec. 837. Sec. 838. Sec. 1050. Restitution of stolen property. Writs of restitution: summary order of restitution, etc. Meaning unchanged. To entitle the aggrieved party to an order for the restitution to him of money found on the prisoner convicted of stealing money from the person, proof must be adduced identifying the money so found as the money which was stolen. So that where an accused was convicted of stealing bank notes, but there was no evidence to identify them with the bank notes found on and taken from the prisoner when arrested, and no application had been made after conviction for an order of compensation to the prosecutor for his loss, an order may be properly made, ex parte, for the restoration to the prisoner of the money so taken from him. (6a) IMPRISONMENT. Sec. 950. Sec. 1051. Offence not capital, how punished. Unchanged. Sec. 951. Sec. 1052. Punishment in cases not specially provided for. (6) R. v. Gouilloud, 7 Can. Cr. Cas., 432. Unchanged. 2ND EDIT. REVISED STATUTES 1906 REMARKS Sec. 952. Sec. 1053. Punishment for offence committed after a previous conviction. Meaning unchanged. Sec. 953. Sec. 1054. Maximum term of imprisonment may be shortened. S.c. 954. Sec. 1055. Cumulative punishments. Unchanged. Sec. 955. Sec. 1056. Imprisonment for less than two years to be in common gaol. Every one who is sentenced to imprisonment for a term less than two years shall, if no other place is expressly mentioned, be sentenced to imprisonment in the common gaol of the district, county or place in which the sentence is pronounced, or if there is no common gaol there, then in that common gaol which is nearest to such locality, or in some lawful prison or place of confinement, other than a penitentiary, in which the sentence of imprisonment may be lawfully executed: Provided that, (a) when any one is sentenced to imprisonment in a penitentiary, and at the same sittings or term of the court trying him is sentenced for one or more other offences to a term or terms of imprisonment less than two years each, he may be sentenced for such shorter terms to imprisonment in the same penitentiary, such sentences to take effect from the termination of his other sentence; and, (b) when any one is sentenced for any offence who is, at the date of such sentence, serving a term of imprisonment in a penitentiary for another offence, he may be sentenced for a term shorter than two years to imprisonment in the same penitentiary, such sentence to take effect from the termination of his existing sentence or sentences; (c) in the province of Manitoba, any one sentenced to imprisonment for a term less than two years may be sentenced to imprisonment in any one of the 2ND EDIT. REVISED STATUTES 1906 REMARKS common gaols in that province unless a special prison is provided by law. (7) Sec. 955. Sec. 1057. Imprisonment in common gaol to be with or without hard labor.-Imprisonment in a common gaol, or a public prison, other than a penitentiary or the Central Prison for the province of Ontario, the Andrew Mercer Ontario Reformatory for females or any reformatory prison for females in the province of Quebec, shall be with or without hard labour, in the discretion of the court or person passing sentence, if the offender is convicted on indictment, or under the provisions of Parts XVI, or XVIII., or, in the province of Saskatchewan or Alberta, before a judge of a superior court, or in the Northwest Territories, before a stipendiary magistrate or in the Yukon. Territory, before a judge of the Territorial Court. 2. In other cases such imprisonment may be with hard labour, if hard labour is part of the punishment for the offence of which such offender is convicted, and if such imprisonment is to be with hard labour, the sentence shall so direct. (8). The first paragraph of the old section 955 is omitted from the new Code, and is made into section 42 of the new Penitentiary Act. (R. S., 1906, c. 147), as follows: Imprisonment in the Penitentiary.-"Every one who is sentenced to imprisonment for life or for a term of years not less than two, shall be sentenced to imprisonment in the penitentiary for the province in which the conviction takes place.' Paragraphs 7 and 8 of the old section 955 are omitted from the new Code, and are made, (as to paragraph 7 and a portion of paragraph 8), into section 43 of the new Penitentiary Act, as follows: Convict subject to penitentiary regulations.-"Every one who is sentenced to imprisonment in a penitentiary shall be subject to the provisions of the statutes relating to such penitentiary and to all rules and regulations lawfully made with respect thereto;" and "2. The term of imprisonment in pursuance of any sentence shall, unless otherwise directed in the sentence, commence on and (7) Taken from paragraphs 2 and 3 of the old section 955. (8) Taken from par. 6 of the old section 955. 2ND EDIT. REVISED STATUTES 1906 REMARKS from the day of passing such sentence; but no time during which the convict is out on bail shall be reckoned as part of the term of imprisonment to which he is sentenced." Another portion of par. 8 of the old section 955 is made into the first paragraph of section 12 of the new Prisons and Reformatories Act, (R. S., 1906, c. 148), as follows: Prison rules. “Every one who is sentenced to imprisonment in any gaol or other public or reformatory prison, shall be subject to the provisions of the statutes relating to gaol or prison and to all rules and regulations lawfully made with respect thereto." Paragraph 5 of the old section 955 is omitted from the new Code, and a portion of such par. 5 is made into the first paragraph of section 62 of the new Penitentiary Act, as follows: Employment of penitentiary convicts. "Imprisonment in a penitentiary shall be with hard labor, whether so directed in the sentence by which such imprisonment is adjudged or not." Another portion of paragraph 5 of the old section 955 is made into par. 2 of section 12 of the new Prisons and Reformatories Act, as follows: Employment of convicts in Central prison, etc.-"Imprisonment in the Central Prison for the province of Ontario, in the Andrew Mercer Ontario Reformatory for females, and in any reformatory prison for females in the province of Quebec, shall be with hard labor, whether so directed in the sentence or not." Paragraph 4 of the old section 955 is omitted from the new Code, and is made into section 137 of the new Militia Act, (R. S., 1906, c. 41), as follows: Imprisonment of naval and military offenders in penitentiary or in gaol.-"Any prisoner sentenced for any term by any military or naval authority under this or any Military Act, may be sentenced to imprisonment in a penitentiary"; and "2. If such prisoner is sentenced to a term less than two years, he may be sentenced to improvisonment in the common gaol of the district, county or place in which the sentence is pronounced, or, if there is no common gaol there, then in that common gaol which is nearest to such locality, or in some other lawful prison or place of confinement other than a penitentiary in which imprisonment may be lawfully executed." A warrant of commitment of a convict to a penitentiary after a trial under the Speedy Trials clauses is sufficient, without further specification of the place of the offence than the marginal reference to the county in which the trial takes place. It is unnecessary, in a sentence of imprisonment to a penitentiary, or in the warrant issued in pursuance thereof, to state a date from which 2ND EDIT. REVISED STATUTES 1906 REMARKS the imprisonment is to run, as the law expressly provides that the term of imprisonment counts from the date of sentence, unless otherwise ordered. (9). If the certificate of sentence to imprisonment in a penitentiary is irregular, for omission of the date of sentence, leave may be given, on a habeas corpus motion, to return an amended certificate correcting the omission. (10). Sec. 956. Imprisonment in Reformatory. Omitted. This section (956) of the old Code, (as amended and added to by the 2 Ed. VII, c. 13, sec. 4), is transferred to the Prisons and Reformatories Act, (R. S., 1903, c. 148), and made into section 29 of that Act, in the following terms: Section 29 of the Prisons and Reformatories Act.-"The Court or person before whom any offender whose age at the time of his trial does not, in the opinion of the Court,, exceed sixteen years, is convicted, whether summarily or otherwise, of any offence punishable by imprisonment, may sentence such offender to imprisonment in any reformatory prison in the province in which. such conviction takes place, subject to the provisions of any Act respecting imprisonment in such reformatory. "2. In no case shall the sentence be less that two years' or more than five years' confinement in such reformatory prison. "3. Such imprisonment shall be substituted in such case for the imprisonment in the penitentiary or other place of confinement by which the offender would otherwise be punishable under any Act or law relating thereto; Provided that in every case where the term of imprisonment is fixed by law to be more than five years, then such imprisonment shall be in the penitentiary. "4. Every person imprisoned in a reformatory shall be liable to perform such labor as is required of such person. "5. This section shall apply to the Halifax Industrial School and Saint Patrick's Home at Halifax, although the age of the offender exceeds sixteen years, if it does not exceed eighteen years; and in any case of imprisonment in the said School or Home, the sentence may be for a term of one year or more, but not exceeding five years. A father having, under the law of the province of Quebec, the care of his minor children, may, with the consent of the management of the school, place his child in a reformatory school authorized for the commitment,-(under section 956 of the old Code, now section 29 of the new Prisons and Reformatories Act),-of youthful offenders; and the detention of the child for purposes (9) R. v. Smitheman, (No. 1), 9 Can. Cr. Cas., 10; Aff. in Appeal, R. v. Smitheman, (No. 2). 9 Can. Cr. Cas., 17. (10) R. v. Wright, 10 Can. Cr. Cas., 461. |