C-7 - Criminal Cases Recognizance Act

Repealed on 1 October 1990

This document has official status.

chapter C-7

Criminal Cases Recognizance Act

Repealed, 1990, c. 4, s. 126.

1990, c. 4, s. 126.

1. The word “cognizor” in this act shall include any number of cognizors in the same recognizance, whether as principals or sureties, unless such interpretation be inconsistent with the context.

R. S. 1964, c. 32, s. 1.

DIVISION I RECOGNIZANCES TAKEN IN OTHER DISTRICTS

2. When a person has been arrested in any district for a crime or offence committed within Québec, and a justice of the peace has taken recognizances from the witnesses heard before him or another justice of the peace, for their appearance, at the next term of the court before which such person is to undergo his trial, there to testify and give evidence on such trial, and such recognizances have been transmitted to the office of the clerk of such court, the said court may proceed on the said recognizances in the same manner as if they had been taken in the district in which such court is held.

R. S. 1964, c. 32, s. 2.

DIVISION II PROCEEDINGS ON FORFEITED RECOGNIZANCES

3. Whenever default is made in the condition of any recognizances lawfully entered into or taken in any criminal case, proceeding or matter in Québec, so that the penal sum therein mentioned becomes forfeited and due to the Crown, such recognizance shall thereupon be extracted or withdrawn from any record or proceeding in which it then is, or a certificate or minute of such recognizance, under the seal of the court, shall be made from the records of such court, where the recognizance has been entered into orally in open court.

R. S. 1964, c. 32, s. 3.

4. Such recognizance, certificate or minute (as the case may be), shall be transmitted by the court, municipal judge, judge of the Court of Québec, justice of the peace, magistrate or functionary before whom the cognizor (or the principal cognizor where there is a surety or sureties) was bound to appear or to do that by his default to do which the condition of the recognizance is broken, to the Superior Court in the district in which is situated, for civil purposes, the place where such default occurred, with the certificate of the court, municipal judge, judge of the Court of Québec, justice of the peace, magistrate or other functionary as aforesaid, of the breach of the condition of such recognizance, of which breach and of the forfeiture to the Crown of the penal sum therein mentioned, such certificate shall be conclusive evidence.

R. S. 1964, c. 32, s. 4; 1988, c. 21, s. 70.

5. The date of the receipt of such recognizance, or of the minute or certificate by the prothonotary of the court, shall be endorsed thereon by him, and he shall enter judgment in favor of the Crown against the cognizor for the penal sum mentioned in such recognizance, and execution may issue therefor by seizure of the debtor’s moveable and immoveable property in the ordinary manner or by seizure by garnishment, after the same delay as in other cases, which shall be reckoned from the time when the judgment is entered by the prothonotary of the court.

R. S. 1964, c. 32, s. 5.

6. Such execution shall issue upon the fiat or proecipe of the Attorney General, or of any person thereunto authorized in writing by him; and the Crown shall be entitled to the costs of execution and to costs on all proceedings in the case subsequent to execution, and to such costs for the entry of the judgment as may be fixed by any tariff.

Such execution may also be issued on the fiat or proecipe of any person to whom the Attorney General has given a general written authority to demand the execution of all judgments upon forfeited recognizances.

R. S. 1964, c. 32, s. 6.

7. Nothing herein contained shall prevent the recovery of the sum forfeited by the breach of any recognizance from being recovered by suit in the manner provided by law, in any case where the same cannot for any reason be recovered in the manner provided in this act.

R. S. 1964, c. 32, s. 7.

8. In such case the sum forfeited by the non-performance of the condition of such recognizance shall be recoverable with costs, by action in any court having jurisdiction in civil cases to the amount, at the suit of the Attorney General, or other party or officer authorized to sue for the Crown.

In every such action, it shall be presumed that the party suing for the Crown is duly empowered so to do, and that the conditions of the recognizance were not performed, and that the sum therein mentioned is, therefore, due to the Crown, unless the defendant prove the contrary.

R. S. 1964, c. 32, s. 8.

DIVISION III

This Division ceased to have effect on 17 April 1987.

9. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 32 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter C-7 of the Revised Statutes.