Mode of proceeding where lands are seized for payment of fines, etc. Deputy Clerk the sheriff shall observe the direction in the minute, and shall forbear accordingly to levy the forfeited recognizance or fine. R. S. O. 1877, c. 88, s. 10. 11. If upon a writ issued under this Act, the sheriff takes lands or tenements in execution, he shall advertise the same in like manner as he is required to do before the sale of lands in execution in other cases; and no sale shall take place in less than twelve months from the time the writ comes to the hands of the sheriff. R. S. O. 1877, c. 88, s. 11. 12. The Clerk shall, at the foot of every roll made out as of Crown, etc., herein directed, make affidavit in the following form, that is to make affida vit. Form. Conditions upon which a party in custody of the Sheriff may released. Court under certain oir cumstances oto. be to say: "1. A. B., (describing his office), make oath that this roll is truly and carefully made up and examined, and that all fines, issues, amerciaments, recognizances and forfeitures which were set, lost, imposed or forfeited, at or by the Court therein mentioned, and which in right and due course of law ought to be levied and paid, are, to the best of my knowledge and understanding, inserted in the said roll; and that in the said roll are also contained and expressed all such fines as have been paid to or received by me, either in Court or otherwise, without any wilful discharge, omission, misnomer, or defect whatever: So help me God." which affidavit any Justice of the Peace for the county is hereby authorized to administer. R. S. O. 1877, c. 88, s. 12. 13. If a person on whose goods and chattels a sheriff bailiff or other officer is authorized to levy a forfeited recognizance, gives security to the sheriff or other officer for his appearance in the Court into which the writ is returnable within thirty days after the giving of the security, or so soon thereafter as the Court shall sit, then and there to abide the decision of the Court, and also to pay the forfeited recognizance, or sum of money to be paid in lieu or satisfaction thereof, together with all such expenses as may be adjudged and ordered by the Court, the sheriff or officer shall discharge such person out of custody; and in case the person does not appear in pursuance of his undertaking, the Court may forthwith issue a writ of execution and capias against the surety or sureties of the person so bound as aforesaid. R. S. O. 1877, c. 88, s. 13. under sum of 14. The High Court or Court of General Sessions, into which any writ of execution and capias issued may discharge this Act, is returnable, may inquire into the circumstances forfeited re- of the case, and may, in its discretion, order the discharge cognizances, of the whole of the forfeited recognizance, or money paid or to be paid in lieu or satisfaction thereof, and make such order thereon as to the Court appears just; and the order shall accordingly be a discharge to the sheriff, or to the party, according to the circumstances of the case. R. S. O. 1877, c. 88, s. 14. 15. The sheriff to whom a writ is directed under this Manner of Act, shall with his return state on the back of the roll attached return by Sheriff, etc. to the writ, what has been done in the execution thereof; and the return shall be filed in the Court into which it is made. R. S. O. 1877, c. 88, s. 15. be sent to Pro 16. A copy of the roll and return, certified by the clerk Copy of roll of the peace, or by the registrar of one of the Divisions and return to of the High Court (as the case may be), shall be forth- vincial Treawith transmitted to the Treasurer of the Province, and the surer. inspector of legal offices, with a minute thereon of any of the sums therein mentioned, which have been remitted by order of the Court, in the whole or in part, or directed to be forborne, under the authority of this Act. R. S. O. 1877, c. 88, s. 16; 47 V. c. 10, s. 16. 17. The sheriff shall, without delay, pay over all moneys Sheriff to pay by him collected to the Provincial Treasurer or other officer or person entitled to receive the same. R. S. O. 1877, c. 88, s. 17. to Provincial Treasurer or person entitled. You are hereby commanded to levy of the goods and chattels, lands and tenements of all and singular the persons mentioned in the roll or extract to this Writ annexed, all and singular the debts and sums of money upon them severally imposed and charged as therein is specified; and if any of the said several debts cannot be levied, by reason of no goods or chattels, lands or tenements being to be found belonging to the said parties respectively, then, and in all such cases, that you take the bodies of such parties and keep them safely in the Gaol of your County, there to abide the judgment of Our High Court, (or Court of General Sessions, as the case may be) upon any matter to be shewn by them respectively, or otherwise to remain in your custody as aforesaid until such debt is satisfied, unless any of such persons respectively gives sufficient security for his appearance at the said Court, or within thirty days after the giving of the security, or so soon after as the Court shall sit, for which you will be held answerable; and what you do in the premises make appear before Us in Our High Court of Justice at Toronto, (or at the next Court of General Sessions of the Peace, as the case may be) immediately after the execution hereof and have then and there this Writ. Witness, etc., A. B., Deputy Clerk of the Crown (or C. D., Clerk of the Peace or as the case may be) for the County of this day of CHAPTER 89. An Act respecting the Appropriation of certain Fines and Forfeitures. ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. In all cases not otherwise provided for, in which, by any Imperial Statute in force in Ontario, a fine or penalty is imposed, in respect to matters within the legislative authority of the Legislature of Ontario, and the whole or part of the fine or penalty is in any manner appropriated for the support of the poor, or to any parochial or other purpose, inapplicable to the existing state of Ontario, the fine or penalty, or the part thereof so appropriated, shall when received be paid to the Treasurer of the county or city in which the conviction has taken place, to be appropriated to the purposes thereof, and accounted for in the same manner as the general rates and assessments levied therein are applicable and accountable by law. R. S. O. 1877, c. 89, s. 1. 2. Every fine and penalty imposed for the punishment of any offence prohibited by any statute now or hereafter in force in this Province, and the proceeds of every forfeiture imposed and given to the Crown by any statute now or hereafter in force in this Province, shall, where the disposal of the same is within the power of the Province and no other provision is made in respect thereto, be paid to the treasurer of the Province, and shall form part of the consolidated revenue fund. R. S. O. 1877, c. 89, s. 2. See C. S. U. C. c. 118, s. 2; see also Rev. Stat. Cap. 1, s. 8 (30). [By R. S. C. c. 180, s. 1, provision is made for the appropriation of fines, etc., the disposal of which is not within the authority of the Province.] CHAPTER 90. An Act respecting the Remission of certain Penalties. HER ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Where a pecuniary penalty or forfeiture is imposed by Remission of any Act of this Province or by any other Act now in force penalties by Court. in this Province, within the legislative authority of this Province, the Court or Judge having cognizance of the proceedings, may, at any time after the commencement thereof, remit in whole or in part any sum of money by such Act imposed as a penalty or forfeiture on a convicted offender, and may do so whether the money is in whole or in part payable to the Crown or to some person other than the Crown, and whether the same is recoverable by indictment, information, summary process, action, or any other process. 48 V. c. 13, s. 16 (1, 2). 2. This Act shall not be held to give to a Police Magis- Act not to aptrate or Justice of Peace the authority herein mentioned. ply to Magis 48 V. c. 13, s. 16 (2). trates. 3. The Lieutenant-Governor in Council shall also have Lieutenantpower at any time to remit any such penalty or forfeiture, in Governor. whole or in part, unless the same is imposed by The Act respect- Rev. Stat. ing the Legislative Assembly, or by some Act respecting elec- c. 11. tions of members of the Legislative Assembly, or is recoverable in respect of an offence committed in connection with an election of a member of the said Assembly. 48 V. c. 13, s. 16 (3). 4. This Act shall not be construed to include the Not to apply power of remitting any costs incurred up to the time of remit- to costs. ting the penalty or forfeiture. 48 V. c. 13, s. 16 (4). Short title. Lieutenant erect certain unorganized tracts into Temporary Judicial Dis tricts. 8. IN UNORGANIZED DISTRICTS. CHAPTER 91. An Act respecting the Administration of Justice in the Districts of Thunder Bay, Rainy River, Muskoka, Parry Sound, and Nipissing. SHORT TITLE, s. 1. TEMPORARY JUDICIAL DISTRICTS: Stipendiary Magistrates, ss. 3-7. Application of Fines, s. 13. Thunder Bay for certain Judi- Special provisions as to Rainy PROVISIONAL JUDICIAL DISTRICTS : ER MAJESTY, by and with the advice and consent of the as follows: 1. This Act may be cited as "The Unorganized Territory Act." 2. (1) The Lieutenant-Governor may from time to time, by Governor may proclamation, declare that, from and after a day to be named therein, certain parts of the unorganized tracts of country bordering on and adjacent to Lakes Superior and Huron, including the islands in those lakes which belong to this Province, and also all other parts of Ontario, not included within the settled limits of any county shall form a Temporary Judicial District or Temporary Judicial Districts, and in such proclamation may define the limits of such District or Districts, and name the same respectively; and the Lieutenant-Governor may from time to time alter the limits and extent of such District or Districts. |