2ND EDIT. REVISED STATUTES 1906 REMARKS Sec. 878. Sec. 900. had for enforcing the condition of a Sec. 805. Sec. 1097. Justice's certificate of default of person under recognizance.-Whenever a person gives security by or is discharged upon recognizance and does not afterwards appear at the time and place mentioned in the recognizance, or whenever the conditions or any of them in any recognizance entered into by an applicant to whom a case stated by a justice under this Act has been delivered, have not been complied with, the justice who took the recognizance, or any justice who is then present, having certified upon the back of the recognizance the nonappearance of the person or the non-compliance with the condition, as the case may be, may transmit such recognizance to the proper officer in the province appointed by law to receive the same, to be proceeded upon in like manner as other recognizan ces. 2. Such certificate shall be prima facie evidence of such non-appearance or noncompliance. 3. Such certificate shall be in form 73. (21). Sec. 878. Sec. 1098. Recognizance and certificate of default are The to be transmitted, in Ontario, to the clerk (21) This new section, 1097, is formed from the old sections 805 and 878 and from paragraph 13 of the old section 900. 2ND EDIT. REVISED STATUTES 1906 REMARKS 2. The Court of general sessions of the peace for such county shall at its then next sitting, order all such recognizances to be forfeited and estreated and the same shall be enforced and collected in the same manner and subject to the same conditions as any fines forfeitures or amercements imposed by or forfeited before such court. (22) Sec. 1099. Proper officer in British Columbia and in other provinces to whom recognizances are to be transmitted. In the province of British Columbia, such proper officer shall be the clerk of the County Court having jurisdiction at the place where such recognizance is taken, and such recognizance shall be enforced and collected in the same manner and subject to the same conditions as any fines, forfeitures or amercements imposed by or forfeited before such County Court. 2. In the other provinces of Canada such proper officer shall be the officer to whom like recognizances have been heretofore accustomed to be transmitted under the law heretofore in force; and such recognizances shall be enforced and collected in the same manner as like recognizances have heretofore been enforced and collected. (22) Sec. 598. Sec. 1100. Manner of estreat. All recognizances Sec. 900. taken or entered into under any provisions of this Act which are forfeited or in respect to which the conditions of such recog'nizances or any of them have not been complied with shall be liable to be estreated in the same manner as any forfeited recognizance to appear is by law liable to be estreated by the court before which the principal party thereto was bound to appear. (23) (22) The new sections, 1098 and 1099, are formed from par. 3 of the old section 878. (23) Taken from par. 5 of the old sec. 598 and from par. 13 of the old section 900. 2ND EDIT. REVISED STATUTES 1906 REMARKS Sec. 925. Sec. 1101. Proceeds to be paid to Minister of Finance. The sheriff or other officer shall, without delay, pay over all moneys collected under the provisions of this Part by him, to the Minister of Finance, or other authority or person entitled to receive the same. Slightly altered, as here set forth. PROVISIONS NOT APPLICABLE TO THE PROVINCE OF QUEBEC. Sec. 916. Sec. 1102. Entry of Fines, etc., on record and recovery thereof. Unless otherwise provided, all fines, issues, amercements and forfeited recognizances, the disposal of which is within the legislative authority of the Parliament of Canada, set, imposed, lost or forfeited before any Court of criminal jurisdiction shall, within twenty-one days after the adjournment of such Court be fairly entered and extracted on a roll by the Clerk of the Court, or in case of his death or absence, by any other person, under the direction of the Judge who presided at such Court, which roll shall be made in duplicate and signed by the Clerk of the Court, or in case of his death or absence, by such Judge. (24) Sec. 1103. Affidavit. The Clerk of the Court shall, Sec. 39 (24) The new sections, 1102-1106, are formed from the old section 916. If Sec. 916. Sec. 1104. Rolls to be filed in certain courts. such Court is a Superior Court having criminal jurisdiction one of such rolls shall be filed with the Clerk, Prothonotary, Registrar or other proper Officer: — (a) in the province of Ontario, of the High (b) in the provinces of Nova Scotia, New (d) in the province of Manitoba, of the (e) in the province of Saskatchewan or Alberta, of the Supreme Court of the North West Territories pending the abolition of that court by the legislature of the province, and thereafter, of such court in either of the said provinces as may in respect of that province be substituted by the legislature thereof for the Supreme Court of the North West Territories; and, (f) in the Yukon Territory, of the Territorial Court; on or before the first day of the term next Sec. 1105. Filing of the rolls in the Court of General (24) The new sections, 1102-1106, are formed from the old section 916. 2ND EDIT. REVISED STATUTES 1906 REMARKS 2. The other of such rolls aforesaid shall, as soon as the same is prepared, be sent by the Clerk of the Court making the same, or in case of his death or absence, by such Judge as aforesaid, with a writ of fieri facias and capias, according to form 74, to the Sheriff of the county in and for which such Court was holden. (24) Sec. 1106. Levy under writ, etc. Such writ shall be authority to the Sheriff for proceeding to the immediate levying and recovering of such fines, issues, amercements and forfeited recognizances, on the goods and chattels, lands and tenements of the several persons named therein, or for taking into custody the bodies of such persons respectively, in case sufficient goods and chattels, lands or tenements cannot be found, whereof the sums required can be made. 2. Every person so taken shall be lodged in the common gaol of the county, until satisfaction is made or until the Court into which such writ is returnable, upon cause shown by the party, as hereinafter mentioned, makes an order in the case, and until such order has been fully complied with. (24) Sec. 920. Sec. 1107. Sale of lands by Sheriff. Unchanged. Sec. 919. Sec. 1108. Recognizance need not be estreated in certain cases. Meaning unchanged. Sec. 921. Sec. 1109. Discharge from custody on giving security. Sec. 922. Unchanged. Sec. 1110. Discharge of forfeited recognizance. Unchanged. Sec. 923. Sec. 1111. Return of writ by Sheriff. Unchanged. Sec. 924. Sec. 1112. Roll and return to be transmitted to Minister of Finance.-A copy of such roll and return, certified by the clerk of the court into which such return is made, shall be forthwith transmitted to the Minister of Finance, with a minute thereon of any of the sums therein mentioned, which have (24) The new sections 1102-1106 are formed from the old sec. 916. |