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on the Circuits, who shall enter the same on the record, and a certificate (U) of such entry, made to suit the circum: stances of each case, shall be sent by the said Clerk to the Sheriff or gaoler having custody of the offender, which certificate shall be a sufficient warrant to such Sheriff or gaoler, and all other persons, either to execute such judgment according as it shall be certified to have been affirmed or amended, or, if it shall have been reversed, avoided, or arrested, to discharge such person from custody, who shall forth with be discharged, and the next Court of Assize shall vacate the recognizances of bail (if auy); but should the said Court of Assize be directed to give judgment, it shall proceed to do so at its next Session.
24. The Supreme Court may order the case or certificate to be sent back for amendment, and the same shall be amended, and then judgment delivered thereupon.
26. Any person charged with larceny, or of receiving stolen goods knowing them to be stolen, may, when the value of the property so taken or received shall not exceed forty shillings, be admitted to bail by any Justice before whom the charge may be made; but should such person be committed to gaol for want of bail, and there remain for forty eight hours, he may be tried before three Justices of the County where the offence was committed, and if convicted may be imprisoned in the common gaol or Prorincial Penitentiary for a term not exceeding six months. *
27. Repealed, except so much as respects the appropriation of the fine in cases of Common Assault, by Acts of Canada, 32nd and 33rd Victoria, Chapter 36, Schedule B.
* See post, 21st Victoria, Chapter 22, s. 5.
SCHEDULE Forms under Title of the Administration of Criminal Justice.
(U) Certificate of Clerk of Circuits of Reversal of Judgment or
otherwise. At the Assizes of the County of
, before one of the Justices of the Supreme Court, with the Justices of the Quorum, A. B. of
(Labourer) having been found guilty of felony, and judgment thereupon having been given
that (here state the sentence] the Court of Assizes reserved a certain question of law for the consideration of the Supreme Court: This is to certify that the Supreme Court at Fredericton, in Term, in the year of the Reign of , having duly considered the said question, adjudged that the said judgment should be reversed; you are therefore required forth with to discharge the said A. B. from your custody.
To the Sheriff or Gaoler of , and all others whom it may concern. (Signed) E. F., Clerk Circuils for
(or as the case may be).
REVISED STATUTES—TITLE XL, CHAPTER 160
OF ERROR, PUNISHMENT, AND EXPENSES. Section.
Section. 1 Of Error, power of the Court. 9 Proceeds of work, how applied. 8 Who authorized to make order 10 Powers of Justices at Sessions.
respecting labour of prisoners, 11 Expenses of conveying prisoners and appoint overseers.
provided for. 1. When a Writ of Error shall be brought in any criminal case, and the Supreme Court reverse the judgment, the said Court may either pronounce the proper judgment, or remit the record to the Court below for sentence.
8. The Justices in Sessions, or at any Special Sessions when called for the purpose, shall make general regulations for carrying out any sentence to hard labour, and for properly securing and governing the offenders while at work, which labour may be performed at any place within the County, The Justices shall appoint overseers to superintend the offenders; and when the labour is to be performed in the gaol, the concurrence of the Sheriff shall be had to such regulations.
9. The proceeds of the work shall be applied by the Sessions to the support and clothing of the offenders, any over. plus to be paid to the County Treasurer.
10. The Justices in Sessions, or at any Special Sessions called for that purpose, may sentence to solitary confinement any person refusing to work, or guilty of misbehaviour or disorderly conduct, for a term not exceeding such offender's sentence.
11. When it becomes necessary to convey any person arrested under a criminal charge to or from the gaol of the County where he was arrested, to the gaol of the County where the offence was committed, any two Justices of the last mentioned County may order a reasonable sum for the expense of such conveyance to be paid by the Treasurer of that Couuty out of any County moneys in his hands.
19th VICTORIA--CHAPTER 57. An Act to amend Chapter 138, Title XXXVII, of the Revised Statutes,
• Of Summary Convictions,' so far as the same may apply to the Parish of Portland. Section 2.-Trial of larceny, or receipt of stolen goods of the value of forty shillings, inay be before the Police Magistrate and two other Magistrates.
Passed 1st May 1856. Be it enacted, f.c.—2. When any person shall be charged with any larceny, or any offence of receiving stolen goods, whenever the value of the property stolen shall not exceed forty shillings, it shall be lawful for the said Police Magistrate, together with any two Magistrates for the City and County of Saint John, forthwith to hear and determine such offence, and on conviction either by confession or on the testimony of one or more credible witness or witnesses, the said Magistrates are hereby authorized and empowered to commit the offender to the common gaol; or Provincial Penitentiary, in the discretion of the said Magistrates, for any term not exceeding six months.
See post, 21st Victoria, Chapter 22, s. 5.
21st VICTORIA---CHAPTER 15.
and other animals. Section.
Section. 1 Penalty for placing Poison ; re 2 Penalty not to prevent other recovery and application.
medy for loss.
Passed 6th April 1858. WHEREAS much and serious evil has arisen from the practice of placing and leaving poison for the destruction of wild animals in the woods and fields,and on other property, whereby valuable domestic animals have been destroyed, and other losses have accrued ;
Be it enacted, &c.—1. Whosoever shall wilfully place or leave strychnine or other poison of any kind on any pablic or private property, or on any public road or street, shall be guilty of a misdemeanor, and being convicted thereof, shall be liable to pay a fine of not less than two pounds nor more than ten pounds, which penalty when recorered shall be applied as follows, viz :--One half part thereof, after paying all the necessary expenses of recovery, shall be paid to the informer or informers upon whose information such con. viction may be obtained, and the remaining half to the Overseers of the Poor for the Parish where the offence was committed, for the use of the Poor thereof; in default of payment of said fine, the party convicted as aforesaid shall be committed to the gaol of the said County for a period not exceeding ten days nor less than two days, in the discretion of the Court.
2. Any fine or imprisonment imposed by rirtue of this Act, shall not prevent any prosecution or other legal remedy for loss or damage sustained by any party by means of such poison.
See ante 1 R. S. Chapter 153, s. 16.
21st VICTORIA-CHAPTER 22.
An Act in amendment of the Criminal Liw. Section.
Section. 3 Refreshment for Jury in certain 5 Bail and trial in case of larceny or cases.
receipt of stolen goods.
Passed 6th April 1858. Be it enacted, foc.—3. When the Judge deems it necessary that the Jury shall be confined to the precincts of the Court House during the progress or until the completion of any. long trial for a criminal offence, the Sheriff shall provide them necessary refreshment, the expense of which shall be
paid by the County Treasurer out of the funds of the County, • on the order of the presiding Judge.
5. Any person charged with larceny, or of receiving stolen goods knowing them to be stolen,may, when the value
of the property so taken or received shall not exceed five pounds, be admitted to bail by any Justice before whom the charge may be made; but should such person be committed to gaol for want of bail, and there remain for forty eight hours, he may be tried before three Justices of the County where the offence was committed, and if convicted, may be imprisoned in the common gaol or Provincial Penitentiary for a term not exceeding nine months.*
* See Acts of Canada, 32nd and 33rd Victoria, Chapters 21 and 30.
22nd VICTORIA-CHAPTER 20.
An Act relating to the Law of Evidence." Questions as to construction of Foreign or British Colonial Statutes,
how to be dealt with.
Passed 13th April 1859. Be it enacted, fc.- When upon the trial of any cause, civil or criminal, any question shall arise upon the true meaning or construction of any Statute, Act or Ordinance of any Foreign State or Government, or of the Legislature of any British Colony, Island, or Possession, it shall not be deemed misdirection in the Judge, before whom such trial may be pending, to express his opinion to the Jury upon such mean: ing or construction in its bearing upon or application to the issue or matter before him for trial, but a Bill of Exceptions may be tendered to the Judge, to be by him sealed as iu other cases, or the Court may review and deal with the matter in like manner as if the question had arisen under an Act of the General Assembly of this Province ; provided always, that no evidence in relation to the construction or meaning of any Foreign or Colonial Law, which would be admissible before the passing of this Act, shall be excluded by reason hereof.
*See also Acts of New Brunswick, 19th Victoria, Chapter 41, o. 2.