judgment. penalty and costs, the Justice, if he sees fit, may call on the amined as to defendant to declare whether or not he possesses sufficient his means of goods and chattels to satisfy the same,-and if the answer is satisfying the affirmative, may further examine him as to the sufficiency of such goods and chattels, and as to their being or not being readily available for seizure under a warrant of distress; and Imprisonment if the defendant either answers in the negative, or refuses to if his answers answer, or fails to answer to the satisfaction of the Justice, he factory. may be forthwith imprisoned under the warrant of the Justice, in the common gaol of the district, or county, or union of counties, for a period of not less than one nor more than three months, counting from the day of his arrival as a prisoner at such gaol; but the defendant, in that case, may at any time obtain his liberation from such imprisonment, by making full payment of such amount and of all subsequent costs. are not satis absent and does not ap 31. If the defendant is not present at the time of the render- Imprisonment ing of such judgment, and it is made to appear to the satis- if defendant is faction of the Justice, by affidavit, that the issue of a warrant of distress would be likely to fail of realizing the full amount pear to have thereof, in penalty and costs, the defendant may be forthwith goods to imprisoned in such common gaol under warrant of the Justice, satisfy judg for a period of not less than one nor more than three months, counting from the day of his arrival as a prisoner at such gaol; but the defendant, in that case, may at any time obtain his liberation from such imprisonment, by making full payment of such amount and of all subsequent costs. goods. 32. If the Justice does not so interrogate the defendant, Execution if being present, or if the defendant being interrogated shows defendant has that he possesses a sufficiency of available goods and chattels sufficient to satisfy the amount of the judgment in penalty and costs,or if in the absence of the defendant it is not shown to the satisfaction of the Justice, that the issue of a warrant of distress would be likely to fail of realizing the full amount of the judgment, in penalty and costs, then in default of immediate payment, such amount shall be levied by warrant of distress out of the goods and chattels of the defendant; and in default In default of of such goods and chattels or in case of their being insuffi- goods, impricient, the defendant shall be imprisoned in such common gaol, under warrant of the justice, for a period of not less than one nor more than three months, counting from the day of his arrival as a prisoner at such gaol; and the defendant, in that case, Liberation on payment in may at any time obtain his liberation from such imprisonment, full. by making full payment of such amount and of all subsequent costs. sonment. 33. In Lower Canada, such penalties shall be disposed of Application of in the following manner, that is to say : penalties, in L. C. 1. If the prosecution was brought by or in the name of a If prosecuted Collector of Inland Revenue, and not under authorization from by Collector the of Revenue. If prosecution is in the name of a municipality. If brought by another per son. Application of penalties in U. C. If prosecuted of Inland Revenue. the Council of a municipality, two third parts shall belong to and be retained by such Collector,-but subject to the obliga. tion of paying over one of such two third parts to any person on whose information he may have instituted the prosecution; and the remaining third part shall, by the Collector, be paid over to the Sheriff of the district wherein the offence was committed, and shall form part of the Building and Jury Fund thereof; 2. If the prosecution was brought by or in the name of the corporation of a municipality, or by or in the name of any per son authorized by the Council thereof, two third parts shall belong to such corporation; and the council of the municipa lity may pay over not more than one of such two third parts, either to such person, or to any other person upon whose infor mation the prosecution may have been instituted; and the remaining third part shall, by the corporation, be paid over to the Sheriff of the district where in the offence was committed, and shall form part of the Building and Jury Fund thereof; 3. If the prosecution was brought by or in the name of any person not so authorized, the penalty shall be paid over to the Sheriff of the district wherein the offence was committed, and shall form part of the Building and Jury Fund thereof. 34. In Upper Canada, all such penalties shall be disposed of in the following manner, that is to say: 1. If the prosecution was brought by or in the name of a by a Collector Collector of Inland Revenue, and not under authorization from the Council of a municipality, two third parts shall belong to and retained by such Collector,-but subject to the obligation of paying over one of such two third parts to any person on whose information he may have instituted the prosecution; and the remaining third part shall by the Collector be paid over to the Receiver General, for the Upper Canada Building Fund; If by a Municipality. If by a private party. 2. If the prosecution was brought by or in the name of the corporation of a municipality, or by or in the name of any person authorized by the Council thereof, the whole shall belong to such corporation; and the Council of the municipality may pay over not more than one-half thereof, either to such person, or to any other person upon whose information the prosecution may have been instituted; 3. If the prosecution was brought by or in the name of any person not so authorized, the penalty shall belong to the corporation of the municipality whose by-law is thereby enforced; and in that case, the Council may pay over to any other person upon whose information the prosecution may have been instituted, not more than one-half of the whole penalty or may apply the same to Municipal purposes as they see fit. 35. Any persons bringing such prosecution under authori- Indemnifica zation from a Municipal Council, shall be indemnified by the tion of prosecorporation of the municipality so authorizing him, for all rized by mucosts therein, whatever may be the result of the prosecution: nicipalities as cutors autho to costs 2. In Upper Canada any person bringing such prosecution In U. C. withto a successful issue, without having been so authorized, shall out such aube indemnified by the corporation whose by-law is thereby thority. enforced, for any amount of costs which, without default on his part, he may have failed to recover from the defendant; 3. In Lower Canada, under like circumstances, any such In L. C. person shall be indemnified in the like manner, but only to the extent of such moneys as within the current year may be paid into the funds of such corporation on account of penalties recovered under such prosecutions; 4. Whenever any person is committed to gaol under the The same. thirtieth, thirty-first, or thirty-second section of this Act, the cost of his arrest and conveyance to goal shall in like manner Cost of conbe borne by the corporation whose by-law is thereby enforced. veying to gnol. tain cases. 36. No conviction, judgment or order, in any such case, No certiorari shall be removed by certiorari or otherwise, into any of Her allowed mor Majesty's Superior Courts of Record; nor shall any appeal appeal in cerwhatever be allowed from any such conviction, judgment or order, to any Court of General Quarter Sessions, or other Court whatever when the conviction has been made by a Stipendiary Magistrate, Recorder, Judge of the Sessions of the Peace, Sheriff or Police Magistrate. 7. No by-law passed under authority and for enforcement No by-law of this Act, shall be set aside by any Court, for any defect of void for defect procedure or form whatever : of form. in matters precedent to the poll. 2. And no such by-lay, adopted by the Electors of a muni- Or for defect cipality under the fourth and fifth sections of this Act, shall be set aside by any Court, for any defect whatever, whether of form or substance, affecting the requisition therefore, the authenticity or number of the signatures thereto, the qualification of the signers thereof, or any matter, thing or procedure antecedent to the first publication of the notice given for the poll taken thereon unless the same be unauthorized by this Act. form duties 38. Every duty devolving upon any Municipal Officer Obligation of under any of the foregoing sections of this Act, whether in Municipal Lower or in Upper Canada, shall be performed by such Officer, officers to perwith the same powers and under the same penalties and assigned to liabilities, in all respects whatever, as though the same devolved them by this upon him under the express enactments of the Lower Canada Act. Consolidated Municipal Act, or of the Act chaptered fifty-four of servation of of the Consolidated Statutes for Upper Canada, as the case may be: Provisions of 2. All the provisions of the said Acts respectively, for the Municipal preservation of peace and good order at Municipal Elections, Acts for pre- the prevention and punishment of offences at or with respect to order at Elec- such Elections, the expenses thereof, the power to appoint and tions, to apply swear special constables, and to administer oaths or affirmations to those under to voters, the remedy in case of interruption of the proceedings, this Act. and generally all the provisions of the said Acts respectively In prosecu tions for sale cense certain without li sufficient to put defendant on his defence, and relating to Municipal Elections and the polls thereat, and all matters incident thereto, shall apply to polls taken under this Act and the proceedings thereat, the Officers and persons presiding at or employed in or about the same, and all matters incident thereto, as if such polls were held with respect to elections under the said Acts,-except only in so far as such provisions may by inconsistent with those of this Act. GENERAL PROVISIONS, IRRESPECTIVE OF LOCAL PROHIBITION. 39. In prosecutions for the sale or barter, in any locality wherein no by-law passed under authority and for enforcement of this Act is in force, of intoxicating liquor of any kind, without presumptions the license therefor by law required, or contrary to the true intent and meaning of the law in that behalf, it shall not be necessary that any witness should depose directly to the precise description of the liquor sold or bartered or the precise consiconvict him in deration therefor, or to the fact of the sale or barter having taken place with his participation or to his own personal and certain knowledge, but the Justice or Justices trying the same, so soon as it may appear to him or them that the circumstances in evidence sufficiently establish the infraction of law complained of, shall put the defendant on his defence, and in default of his rebuttal of such evidence, shall convict him accordingly: default of rebuttal. Witnes ess 2. In every such prosecution, such Justice or Justices may summoned summon any person represented to him or them as a material and not appearing may witness in relation thereto; and if such person refuses or be brought up neglects to attend pursuant to such summons, the Justice or by warrant. Justices may issue his or their warrant for the arrest of such person; and he shall thereupon be brought before the Justice or Justices, and if he refuses to be sworn or to affirm, or to answer any question touching the case, he may be committed to the common gaol, there to remain until he consents to be sworn or to affirm, and to answer. Liability of persons in 40. Whenever in any inn, tavern, or other house or place Innkeepers or of public entertainment, or wherein refreshments are sold, or their employ, in any place wherein intoxicating liquor of any kind is sold, &c., who give whether legally or illegally, any person has drunk to excess liquor to per- of intoxicating liquor of any kind, therein furnished to him, come intoxi- and while in a state of intoxication from such drinking has sons who be come come to his death by suicide, or drowning, or perishing from cated and cold, or other accident caused by such intoxication, the keeper commit suiof such inn, tavern, or other house or place of public entertain- from cold, &c. cide or perish ment, or wherein refreshments are sold, or of such place wherein intoxicating liquor is sold, and also any other person or persons who for him or in his employ delivered to such person the liquor whereby such intoxication was caused, shall be jointly and severally (solidairement) liable to an action as for personal wrong, if brought within three months thereafter, but not otherwise, by the legal representatives of the deceased person; and such legal representatives may bring either a joint and Action against several action against them or a separate action against either them. or any of them, and by such action or actions may recover such sum not less than one hundred nor more than one thousand dollars, in the aggregate of any such actions as may therein be assessed by the Court or Jury as damages: 2. The thirtieth section of the Act chaptered six of the Sect. 30 of Consolidated Statutes for Lower Canada, is hereby repealed. cap. 6, Con. Stat. L. C. repealed. a person 41. If a person in a state of intoxication assaults any person, Persons who or injures any property, whoever furnished him with the liquor furnish the which occasioned his intoxication,-if such furnishing was in liquor liable violation of this Act, or otherwise in violation of law,- shall for assault be jointly and severally (solidairement) liable to the same action committed by by the party injured as the person intoxicated may be liable thereby into; and such party injured, or his legal representatives, may toxicated. bring either a joint and several actions against the person intoxicated and the person or persons who furnished such liquor, or a separate action against either of any of them. addicted to drinking. 42. The husband, wife, parent, brother, sister, tutor, Husband, guardian, or employer, of any person who has the habit of wife, &c., may drinking intoxicating liquor to excess,---or the parent, brother, notify sellers or sister, of the husband or wife of such person,---or the tutor to furnish it or guardian of any child or children of such person,---may give to any person notice in writing, signed by him or her, to any person licensed to sell, or who sells or is reputed to sell, intoxicating liquor of any kind, not to deliver intoxicating liquor to the person having such habit; and if the person so notified do at any time within Liability of twelve months after such notice, either himself, or by his clerk, persons so servant, or agent, otherwise than in terms of a special requisi- notified. tion for medicinal purposes, signed by a licensed medical practitioner, deliver, or in or from any building, booth, or place occupied by him, and wherein or wherefrom any such liquor is sold, suffer to be delivered, any such liquor to the person having such habit, the person giving the notice may in an action as for personal wrong, (if brought within six months thereafter, but not otherwise,) recover of the person notified such sum not less than twenty nor more than five hundred dollars, as may be assessed by the Court or Jury as damages; Married and any married woman may bring such action in her own women may 11 name, |