CHAPTER 69. An Act respecting the Restitution of Stolen Goods. WH HEREAS it often happens that property supposed or al- Preamble. leged to be stolen is found in possession of a person who is afterwards convicted of felony, or misdemeanour, in stealing, taking, obtaining, extorting, embezzling, appropriating, converting or disposing of, or in knowingly receiving other chattels, money, valuable security, or other property, and one or more other charge or charges is or are pending against such prisoner, and there is no intention of proceeding upon such other charge or charges, because of the person having been convicted as aforesaid, and because no additional punishment would be imposed if additional convictions were obtained; and whereas it is expedient in such case to give to the owners or other persons entitled to the possession of the property a summary remedy for the recovery thereof; Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. If in such a case the counsel acting for the Crown inti- Order for demates that the Crown does not intend to proceed upon any perty after livery of procharge in respect of the property so found in the prisoner's summary trial. possession as first aforesaid, the Judge before whom the prisoner was convicted may, upon the application of the prosecutor or other person claiming the property, summarily try at the same sittings of the Court or at a subsequent time, the right of the prisoner and of the claimant to the property; and if the Judge finds that the claimant is the owner or is entitled to the possession thereof, he may order the property to be delivered to the claimant, and the order shall be an absolute protection to the officer or other person who has the custody of the property in delivering the same as directed by the order. 45 V. c. 12, s. 1. not barred by 2. Nothing herein contained shall be held to bar the right Right of perof the person convicted to take proceedings for the recovery of son convicted the property against the person receiving the same under the order. order; and the Judge may, if he thinks fit, require the person in whose favour the order is made to give security for the return of the property to the person so convicted, in case the latter should thereafter be held to be entitled thereto. 45 V. c. 12, s. 2. 3. If, before an order is made, it appears that a valuable When order security so found in a prisoner's possession has been bona fide for restitution paid or discharged by some person liable to the payment there- made. not to be Application of of, or, being a negotiable instrument, has been bona fide taken or received by transfer or delivery by some person for a just and valuable consideration, without notice, or without reasonable cause to suspect, that the same had been, by felony or misdemeanour, stolen, taken, obtained, extorted, embezzled, converted or disposed of, in such case the Court shall not order the restitution of the security. 45 V. c. 12, s. 3. 4. Nothing in this Act contained shall apply to the case of a prosecution of a trustee, banker, merchant, attorney, factor, broker, or other agent entrusted with the possession of goods or documents of title to goods, for a misdemeanour against R. S. C. c. 164. the Act of the Parliament of Canada, intituled An Act respecting Larceny and similar offences. 45 V. c. 12, s. 4. 5. Nothing herein contained shall be construed as intended to affect the right of the Crown to claim property as forfeited for felony. 45 V. c. 12, s. 5. CHAPTER 70. An Act for more effectually securing the Liberty of the Subject. Habeas Corpus ad subjiciendum, WHEN | Certiorari TO BRING PAPERS AND PRO AWARDED, s. 1. PROCEEDINGS IN CASE OF DISOBEDI ENCE TO WRIT, ss. 2, 3. CEEDINGS BEFORE THE COURT, S. 5. APPEAL TO THE COURT OF APPEAL FROM A REMANDMENT TO CUSTODY, S. 6. PROCEEDINGS FOR INQUIRING INTO ACT TO EXTEND TO ALL CASES WHERE TRUTH OF RETURN, s. 4. WRIT ISSUES, s. 7. Preamble. WHEREAS the writ of Habeas Corpus has been found by experience to be an expeditious and effectual method of restoring any person to his liberty, who has been unjustly deprived thereof; and whereas extending the remedy of the writ, and enforcing obedience thereunto, and preventing delays in the execution thereof, will be advantageous to the public; and whereas the provisions made by an Act passed in England, in the 31st year of King Charles the Second entitled, Imp. Act, 31, An Act for the better securing the Liberty of the Subject and for prevention of imprisonment, beyond the seas, only extend to cases of commitment or detainer for criminal or supposed criminal matter; Car. ii. c. 2. Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: Hab. Corp. ad whom in 1. Where a person is confined or restrained of his liberty In what cases (except persons imprisoned for debt, or by process in any Subjiciendum action, or by the judgment, conviction or order of a Court of may be award Record, Court of Oyer and Terminer or General Gaol Delivery, ed, and by or Court of General Sessions of the Peace,) a Judge of the High Vacation Court shall, upon complaint made, by or on behalf of the person so confined or restrained, if it appears by affidavit (or affirmation in cases where by law an affirmation is allowed) that there is probable and reasonable ground for the complaint, to award at any time a writ of habeas corpus ad subjiciendum under the seal of the Court directed to the person in whose custody or power the party so confined or restrained is, returnable immediately before the Judge so awarding the same, or before the Judge in Chambers for the time being, or before a Divisional Court. R. S. O. 1877, c. 70, s. 1. in case of dis 2. If the person to whom a writ of habeas corpus is directed Proceedings according to the provisions of this Act, upon service of the writ, obedience to either by the actual delivery thereof to him, or by leaving the the writ. same at the place where the party is confined or restrained, with any servant or agent of the person so confining or restraining, wilfully neglects or refuses to make a return or pay obedience thereto, he shall be deemed guilty of a contempt of Court, and the Court or Judge, upon proof by affidavit of wilful Warrant for disobedience of the writ, may issue a warrant for apprehending contempt. and bringing before the Court or Judge, the person so wilfully disobeying the writ, to the end that he may be bound to Her Majesty with two sufficient sureties in such sum as in the warrant is expressed, with the condition to appear in the Court, at a day to be mentioned in the warrant, to answer the matter of contempt with which he is charged. R. S. O. 1877, c. 70, s. 2. 3. In case of neglect or refusal to become bound as afore- Committal. said, the Court or Judge may commit the person so neglecting or refusing, to the Common Gaol of the County wherein he resides, or may be found, there to remain until he becomes bound as aforesaid, or is discharged by order of the Court, or a Judge; and the recognizance to be taken thereupon shall be returned and filed and shall continue in force until the matter of the contempt has been heard and determined, unless sooner ordered by the Court to be discharged. R. S. O. 1877, c. 70, s. 3. 4. In cases provided for by this Act, though the return Proceedings for inquiring to a writ of habeas corpus is good and sufficient in law, the into the truth Court or Judge before whom the writ is returnable, may of the matters proceed to examine into the truth of the facts set forth in the alleged in the return. T Certiorari to bring proceedings and papers before the Court for examination. Appeal from remandment to custody. Certifying proceedings to Court of Appeal. Court may order dis charge. Certain provi sions of this Act to extend to all cases return, by affidavit or other evidence, and may order and determine touching the discharging, bailing, or remanding the party. R. S. O. 1877, c. 70, s. 6. 5. In cases in which a writ of habeas corpus is issued under the authority of this Act, or otherwise, the Court or Judge may direct the issuing of a writ of certiorari directed to the person by whom or by whose authority any person is confined or restrained of his liberty, or other person having the custody or control thereof, requiring him to certify and return to the Court or Judge as by the writ may be provided, all the evidence, depositions, convictions, and all proceedings had or taken, touching or concerning such confinement or restraint of liberty, to the end that the same may be viewed and considered by the Court or Judge, and to the end that the sufficiency thereof to warrant such confinement or restraint, may be determined. R. S. O. 1877, c. 70, s. 8. 6. In case a person confined or restrained of his liberty, is brought before the Court or Judge upon a writ of habeas corpus, and is remanded to custody again upon the original order or warrant of commitment, or by virtue of any warrant, order or rule of such Court or Judge, such person may appeal from the decision or judgment of the said Court or Judge to the Court of Appeal; and thereupon the writ of habeas corpus, the return thereto, and all and singular the affidavits, depositions, evidence, conviction and other proceedings shall be certified by the proper officer under the seal of the Court, to the Court of Appeal; and the Court of Appeal shall thereupon hear and determine the appeal without any formal pleadings whatever; and if the Court of Appeal adjudges or determines that the confinement or restraint is illegal, the Court shall certify the same, under the seal of the Court, to the person having the custody or charge of the person so confined or restrained, and shall order his immediate discharge, and he shall be discharged accordingly. R. S. O. 1877, c. 70, s. 9. 7. The several provisions made in this Act, shall extend to all writs of habeas corpus awarded in pursuance of the said Act passed in England in the 31st year of the reign of King where the writ Charles the Second, or otherwise, in as ample and beneficial a manner as if such writs and the said cases arising thereon had been herein before specially named and provided for respectively. R. S. O. 1877, c. 70, s. 10. issues. Rules and Orders. 8. The Supreme Court and the Court of Appeal respectively, may, from time to time, and as often as occasion requires, make such rules of practice in reference to the proceedings on writs of habeas corpus as may seem necessary or expedient. R. S. O. 1877, c. 70, s. 11. [See 29-30 V. c. 45, Canada.] 7. ADMINISTRATION OF JUSTICE IN CRIMINAL MATTERS. 1. Justices of the Peace. CHAPTER 71. An Act respecting the Qualification and Appointment of Justices of the Peace. JUDGES TO BE JUSTICES OF THE PEACE PENALTY FOR ACTING WITHOUT BEING H ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: Peace ex 1. Every Judge of the Supreme Court of Canada, of the Ex- Judges to be chequer Court of Canada, and of the Supreme Court of justices of the Judicature for Ontario, shall be, ex-officio, a Justice of the Peace officio. for every county and part of Ontario. 41 V. c. 4, s. 1. extend to per 2. The following sections of this Act shall not apply to the Provisions in members of Her Majesty's Executive Council, or to the Judges of this Ast not to the Supreme Court of Judicature, or to any County Judge, or to sons holding any Police Magistrate, or to Her Majesty's Attorney-General, certain situaor to any of Her Majesty's Counsel in the Law, or to any Mayor, Alderman, Reeve or Deputy-Reeve of any Municipality. R. Š. O. 1877, c. 71, s. 22; 49 V. c. 16, s. 18. tions. Governor in 3. It shall be lawful for the Lieutenant-Governor, whenever Appointment he thinks fit, to appoint under the Great Seal of Ontario or the by the Lieut.Privy Seal of the Lieutenant-Governor, as the case may require, Council. or more Justices of the Peace in and for every County, |