[Such incapacity continues until such person has suffered the punishment to which he has been sentenced, or such other punishment as by competent authority may be substituted for the same, or until he receives a free pardon from Her Majesty.

(ii.) If any such person holds, at the time of his conviction, any military or naval office, or any civil office under the crown, or other public employment, or any ecclesiastical benefice, or any place, office, or emolument in any university, college, or other corporation, or is entitled to any pension or superannuation allowance, payable by the public or out of any public fund; such office, benefice, employment, or place, forthwith becomes vacant, and such pension or superannuation allowance, or emolument, forthwith determines and ceases to be payable, unless such person receives a free pardon from Her Majesty within two months after such conviction, or 'before the filling up of such office, benefice, employment, or place, if given at a later period.

2

(d.) Every person sentenced to death, or to penal servitude, or against whom sentence of death is recorded, is disabled from suing any person, from alienating or charging any property, and from making any contract.

3

(e.) The custody and management of the property of any such person may be committed to an administrator, or interim curator, appointed in the manner and invested with the powers described in the statute, 33 & 34 Vict. c. 23.

4

(f.) * Any person subject to the provisions of clauses (d.) or (e.) ceases to be affected by them when he dies, or is made bankrupt, or has suffered any punishment to which sentence of death has been commuted, or has undergone the full term of penal servitude to which he was sen

1 [I suppose this means if the pardon is given more than two months after the conviction. 233 & 34 Vict. c. 23, s. 8.

* See ss. 9-29 inclusive. 433 & 34 Vict. c. 23, s. 7.]

[tenced, or such other punishment as may have been substituted for it by lawful authority, or receives Her Majesty's pardon.]

1 ARTICLE 17.

IMPRISONMENT WHERE THERE IS NO EXPRESS PROVISION.

2 Every one who is convicted of any felony for which no punishment is specially provided, is liable to imprisonment for life.

Every one who is convicted on indictment of any misdemeanor for which no punishment is specially provided (other than fraud, cheating and conspiracy), is liable to five years' imprisonment.

3 Every one who is convicted of fraud, or of cheating, or of conspiracy, is liable to seven years' imprisonment, if no special punishment is provided by statute.

4

Every one who is summarily convicted of any offence for which no punishment is specially provided, is liable to a penalty not exceeding twenty dollars, or to imprisonment, with or without hard labor, for a term not exceeding three months, or to both.

5 ARTICLE 18.

PREVIOUS CONVICTIONS.

Every one who is convicted of felony, not punishable with death, committed after a previous conviction for felony, is liable to imprisonment for life, unless some other

1 S. D. Arts. 18, 22.]

R. S. C. c. 181, s. 24. [7 & 8 Geo. 4, c. 28, ss. 8, 9 modified by 7 Wm. 4 & 1 Vict. c. 90, s. 5; 9 & 10 Vict., c. 21, s. 1; 16 & 17 Vict. c. 99; 20 & 21 Vict. c. 3.] There are also certain limitations as to the term of imprisonment, &c., where the offender is tried in a particular manner, as for instance where he is tried under The Summary Trials Act (R. S. C. c. 176, ss. 10, 11), or summarily by a stipendiary magistrate in the District of Keewatin for certain offences defined in R. S. C., c. 53, s. 26.

R. S. C. c. 173, s. 26.

4R. S. C. c. 181, s. 24.

5 S. D. Art. 19.

R. S. C. c. 181, s. 25; 7 & 8 Geo. 4, c. 28, s. 11,

punishment is directed by any statute for the particular offence, in which case the offender is liable to the punishment thereby awarded, and not to any other.

1 ARTICLE 19.

CUMULATIVE PUNISHMENTS.

2 When an offender is convicted of more offences than one, before the same court or person at the same sitting, or when any offender, under sentence or undergoing punishment for one offence, is convicted of any other offence, the court or person passing sentence may, on the last conviction, direct that the sentences passed upon the offender for his several offences shall take effect one after another.

ARTICLE 20.

CONDITIONAL RELEASE OF FIRST OFFENDERS.3

In this Article the expression "court" means and includes any superior court of criminal jurisdiction, any

1S. D. Art. 23.

2 R. S. C. c. 181, s. 27. This section, which is substantially in the terms of the first clause of the 17th section of the Draft Code, is, as to felonies, founded on 32 & 33 Vict. (D.) c. 29, s. 92, and as to misdemeanors on the common law. 32 & 33 Vict. (D.) c. 29, s. 92 is taken from 7 & 8 Geo. 4, c. 28, s. 10.

[When felonies as a rule were capital, there could be no cumulative sentences in regard of them, whether they were charged in different indictments or in different counts of the same indictment. If they were charged in separate indictments, the prisoner having been convicted and sentenced on one, might plead "autrefois attaint" to any subsequent charge. There was no use in passing two sentences of death upon him, (see Chitty's Criminal Law, 463). If two felonies were charged in one indictment, the prosecutor was put to his election-as indeed he still is. When death ceased to be the punishment for felonies as such (7 & 8 Geo. 4, c. 28, s. 7) it was necessary to make provision for the punishment of persons already under sentence. Hence the provision in the text. Cumulative punishment in cases of misdemeanor depends on the common law principles. See opinion of the judges in Wilkes's Case, 19 St. Tr. 1132-3, and R. v. Castro, L. R. 5 Q. B.D. 490. In the case of Renwick Williams (1 Leach, 529, A.D. 1790) cumulative sentences, amounting in all to six years' imprisonment, were passed upon three indictments for similar offences.]

3 52 Vict. (D.) c. 44; 50 & 51 Vict. c. 25. The court may direct the offender to pay the cost of prosecution or a portion thereof; s. 2 (2). See also R.S.C. c. 177, ss. 14, 15.

"Judge" or "Court" within the meaning of "The Speedy Trials Act" and any "Magistrate" within the meaning of "The Summary Trials Act."

In any case in which a person is convicted before any court of any offence punishable with not more than two years' imprisonment, and no previous conviction is proved against him, if it appears to the court before whom he is so convicted, that, regard being had to the youth, character, and antecedents of the offender, to the trivial nature of the offence, and to any extenuating circumstances under which the offence was committed, it is expedient that the offender be released on probation of good conduct, the court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a recognizance, with or without sureties, and during such periods as the court directs, to appear and receive judgment when called upon, and in the meantime to keep the peace and be of good behavior:

If a court having power to deal with the offender in respect of his original offence or any justice of the peace. is satisfied by information on oath that the offender has failed to observe any of the conditions of his recognizance, such court or justice of the peace may issue a warrant for his apprehension :

An offender, when apprehended on any such warrant, shall, if not brought forthwith before the court having power to sentence him, be brought before the justice issuing such warrant, or before some other justice in and for the same territorial division, and such justice shall either remand him by warrant until the time at which he was required by his recognizance to appear for judg ment, or until the sitting of a court having power to deal with his original offence, or admit him to bail with a sufficient surety conditioned on his appearing for judg

ment:

The offender when so remanded may be committed to a prison, either for the county or place in or for which

the justice remanding him acts, or for the county or place where he is bound to appear for judgment; and the warrant of remand shall order that he be brought before the court before which he was bound to appear for judgment, or to answer as to his conduct since his release:

The court, before so directing the release of an offender, must be satisfied that the offender or his surety has a fixed place of abode or regular occupation in the county or place for which the court acts, or in which the offender is likely to live during the period named for the observance of the conditions.

ARTICLE 21.

PARDONS.

'The Crown may extend the Royal mercy to any person sentenced to imprisonment by virtue of any statute, although such person is imprisoned for non-payment of money to some person other than the Crown.

2 Whenever the Crown is pleased to extend the Royal mercy to any offender convicted of a felony punishable with death or otherwise, and grants to such an offender either a free or a conditional pardon, by warrant under the Royal Sign Manual, countersigned by one of the principal Secretaries of State, or by warrant under the hand and seal-at-arms of the Governor General, the discharge of such offender out of custody in case of a free pardon, and the performance of the condition in the case of a conditional pardon, shall have the effect of a pardon of such offender, under the Great Seal, as to the felony for which such pardon has been granted.

But no free pardon, nor any discharge in consequence thereof, nor any conditional pardon, nor the performance of the condition thereof, in any of the cases aforesaid,

1 R.S.C. c. 181, s. 38; 22 Vict. c. 32, s. 1.

R.S.C. c. 181, s. 39; 7 & 8 Geo. 4, c. 28 s. 13; 9 Geo. 4, c. 32 s. 3.