FORM 5.

(Section 9.)

CERTIFICATE OF DEFAULT TO BE ENDORSED ON THE RECOGNIZANCE.

I hereby certify that the within-named A. B. has not surrendered himself (stating according to the fact the default on account of which the recognizance is forfeited) in accordance with the condition of the within recognizance, but therein has made default, by reason whereof the said recognizance is forfeited.

H. K.

R. S. O. 1877, c. 75, Form 5.

CHAPTER 76.

An Act respecting Returns of Convictions and Fines by Justices of the Peace.

RETURNS OF CONVICTIONS:

When to be made, s. 1.

Form, s. 1.

What to contain, s. 2. Penalty for neglect, s. 3. LIMITATION OF ACTIONS, s. 4.

PUBLICATION OF RETURNS BY CLERKS
OF PEACE, S. 5.

RECORDING RETURNS, S. 6.

COPY TO BE SENT TO INSPECTOR OF
LEGAL OFFICES, S. 7.
OTHER RETURNS, s. 8.

HE

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario enacts as follows:

at what times

1. Every Justice of the Peace before whom any trial or hear- Return of ing is had, under any law giving jurisdiction in the premises, convictions, and who convicts and imposes any fine, forfeiture, penalty, or and to whom damages, shall make a return thereof and of the receipt and to be made. application by him of the money received from the person convicted, in writing under the hand of such Justice, quarterly, on or before the second Tuesday in each of the months of March, June, September and December in each year, to the Clerk of the Peace (and in the case of convictions before two or more Justices, such Justices, being present and joining therein, shall make an immediate return thereof), in the following form:

RETURN of Convictions made by me (or us, as the case may be) from the

day of

18, to the

day of

18

If not paid, why not, and general observations, if any.

What cases any such return shall include.

Penalty on

Justice of the

ing to make returns, etc.

A. B., Convicting Justice,

or

A. B. and C.D., Convicting Justices (as the case may be).

R. S. O. 1877, c. 76, s. 1.

2. Every such return shall include all convictions and other matters mentioned in the preceding section, not included in some previous return, and also all cases wherein a fine or any part thereof has been paid since the last previous return; and in the column for observations in every such case, shall be written the words "Paid on case formerly returned;" and the returns shall be filed by the Clerk of the Peace among the records of his office. R. S. O. 1877, c. 76, s. 2.

3. In case a Justice before whom any such conviction takes Peace neglect place, or who receives such moneys, neglects or refuses to make such return thereof, or in case a Justice wilfully makes a false, partial or incorrect return, the Justice so neglecting, or refusing, or wilfully making a false, partial or incorrect return, shall forfeit and pay the sum of $80, together with full costs of suit, to be recovered by any person who sues for the same in any Court of Record in the Province, one moiety whereof shall be paid to the party suing, and the other moiety into the hands of the Treasurer of the Province, to and for the public uses of the Province. R. S. O. 1877, c. 76, s. 3.

Limitation of actions for penalties.

4. All prosecutions for penalties arising under the provisions of the next preceding section shall be commenced within six months next after the cause of action accrues, and the same shall be tried in the County or place wherein the penalties

have been incurred; and if a verdict or judgment passes for the defendant, or the plaintiff becomes nonsuited or discontinues the action after issue joined, or if upon demurrer, or otherwise, judgment is given against the plaintiff, the defendant shall recover his full costs of suit as between solicitor and client, and shall have the like remedy for the same as a defendant has by law in other cases. R. S. O: 1877, c. 76, s. 4.

5. The Clerk of the Peace to whom such returns are made Clerk of the shall, within two weeks after the times hereby limited for Peace, etc., to publish and the making of the returns, cause the same to be published post up in one public newspaper in the county, or district, or if returns. there is no such newspaper, then in a newspaper of an adjoining county, or district, and shall also within the said period fix up in the Court House, and also in a conspicuous place in the office of the Clerk of the Peace, for public inspection, a schedule of the returns so made by the Justices; and the same shall continue to be so fixed up and exhibited until the end of the next ensuing General Sessions of the Peace; and for every schedule so made and exhibited by the Clerk of the Peace, he shall be allowed in his accounts with the county the fee of $4, besides the expense of publication, all of which shall be paid by the Treasurer of the county. R. S. O. 1877, c. 76, s. 5.

returns by

6. All returns so received by the Clerks of the Peace shall Entry of be entered of record by them quarterly, in the same manner as Clerks of the formerly recorded at Quarter Sessions; and the duties, liabili- Peace. ties, fees and emoluments of the Clerks of the Peace in respect thereof shall continue the same as if the returns had been made to the Court of General Sessions, until otherwise varied by competent authority. R. S. O. 1877, c. 76, s. 6.

returns to be

offices.

7. The Clerk of the Peace of every county, within twenty Copy of days after the end of each General Sessions of the Peace, sent to inspec shall transmit to the Inspector of Legal offices, at Toronto, a tor of legal true copy of all returns made within his county, and also a return of all cases brought before, or tried at, the said General Sessions of the Peace, or at the County Judge's Criminal Court up to the date of such return, such last mentioned return to be in similar form to the return set out in section 1 of this Act. 49 V. c. 16, s. 21.

with other

8. Nothing herein contained shall exonerate Justices of the This Act not Peace from duly returning to the General Sessions of the Peace to dispense of their respective counties, any convictions, or records of necessary reconvictions, which are by law required to be so returned, turns. R. S. O. 1877, c. 76, s. 8.

Record of convictions.

Rev. Stat. c. 76.

Cost of book in which record kept.

When entries to be made.

Record to be open to inspection.

Penalty.

CHAPTER 77.

An Act respecting Returns of Convictions by Stipendiary and Police Magistrates.

H'

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. Every Police Magistrate, except as hereinafter mentioned, and every Stipendiary Magistrate shall keep, or cause to be kept, at the place where he most usually holds his Court, a book ruled in the same manner as the form of return of convictions given in The Act respecting Returns of Convictions and Fines by Justices of the Peace, and shall, from time to time enter, or cause to be entered in the said book, in respect of convictions had before him whether the conviction is under a law within Dominion or Provincial authority, the information required to be given in the returns prescribed by the said Act. 49 V. c. 17, s. 1.

2. In the case of a Police Magistrate the cost of the book. shall be returned to him by the municipality of which he is a Police Magistrate; or if he is a Police Magistrate of territory composed of two or more municipalities, the cost shall be repaid by the county, and in case of a Stipendiary Magistrate the cost of the book shall be repaid out of the Consolidated Revenue Fund of the Province. 49 V. c. 17, s. 2.

3. The required entries shall be made forthwith upon the happening of the event in respect of which information is to be given; and in case the fine, forfeiture, penalty, or damages imposed, is or are not collected within three months after the imposition thereof, the cause of the same not having been collected shall be written in the column for observations. 49 V. c. 17, s. 3.

4. Any person shall be at liberty to inspect the book under this Act at any reasonable time upon the payment of a fee of ten cents, to be paid to the clerk, or to the magistrate, if there is no clerk; but any person upon whom any fine, forfeiture, penalty, or damages has or have been imposed, or any person in his behalf, may at any reasonable time gratuitously inspect the entry in respect of his conviction; and the book kept by or for a Police Magistrate shall, at all reasonable times, be open to the gratuitous inspection of any of the officers of the municipality. 49 V. c. 17, s. 4.

5. In case a Police or Stipendiary Magistrate before whom a conviction takes place, or who receives any such moneys, neglects to make, or cause to be made, the proper entry in

respect thereto for more than one month after the conviction takes place, or after the receipt of money paid him in respect of the imposition of a fine, forfeiture, penalty or damages, such Magistrate shall forfeit and pay the sum of $80, together with full costs of suit, to be recovered by any person who sues for the same in any Court of Record in the Province, one moiety of which sum shall be paid to the party suing and the other moiety to the Treasurer of the Province for the public use of the Province; and the provisions of section 4 of The Act Rev. Stat.c.76. respecting Returns of Convictions and Fines by Justices of the Peace shall apply to any action brought under this section for the recovery of a penalty. 49 V. c. 17, s. 5.

Rev.Stat.c.76.

6. The provisions of section 1 of the said Act shall not be Application of held to apply to a Police or Stipendiary Magistrate, nor shall s. 1, limited. it be necessary that convictions by Police or Stipendiary Magistrates should be published in any newspaper. 49 V. c. 17, s. 6.

entries.

7. The council of any municipality may at any time cause Publication of copies of such entries to be made, and may cause the same to be published in any newspaper, or otherwise, as may be deemed fitting. 49 V. c. 17, s. 7.

convictions

8. Except as hereinafter mentioned, every Police Magistrate Return of shall forward to the Clerk of the Peace of the county, for which, or within which, he is Police Magistrate, and to the Inspector of legal offices at Toronto, on or before the second Tuesday in each of the months of March, June, September and December, of every year, a copy certified by him to be a true copy of the entries in his book aforesaid with reference to convictions had before him, or fines, forfeitures, penalties or damages, imposed by him, during the three months ending on the last day of the month of February, May, August, or November, next preceding such second Tuesday; and he shall also append to the copy a statement of any transactions which have taken place during the time covered by the said period with reference to any conviction. made, or fine, forfeiture, penalty or damages, imposed by him during any previous period. 49 V. c. 17, s. 8.

9. In the case of a city or town which has a salaried clerk Duties of olerk of police court. of the police court other than the clerk of the council of the city or town, the duties directed by this Act to be performed by the Police Magistrate shall under the like penalties and within the like periods be performed by the clerk. The Police Magistrate shall supervise the performance of the said duties by the clerk. 49 V. c. 17, s. 9.

10. This Act shall not apply to the City of Toronto. 49 V. Act not to c. 17, s. 10.

apply to Toronto.