1915, c. 59;
1918, c. 87;
1921, c. 59 1921

H'

[Assented to 21st December, 1923.] (2nd Sess.), c. 45;

IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1922, c. 73.

1. This Act may be cited as the " Summary Convictions Act Short title. Amendment Act, 1923."

2. Section 76 of the "Summary Convictions Act," being chapter Amends s. 76. 59 of the Statutes of 1915, is amended by striking out clause (b), and substituting therefor the following:

"(b.) The appellant shall give notice of his intention to appeal by filing in the office of the Registrar of the Court appealed to a notice in writing setting forth with reasonable certainty the conviction or order appealed against, and the Court appealed to, within ten days after the conviction or order complained of, and by serving the respondent and the Justice who tried the case each with a copy of such notice within the said period of ten days: Provided that in case the place where the cause of the information or complaint arose is situate in unorganized territory, the period within which such notice shall be filed and served under this clause shall be the period of twenty days after the conviction or order complained of, instead of the said period of ten days."

s. 76.

3. Said section 76 is further amended by striking out the words Further amends "within the time limited for filing a notice of intention to appeal " in the fourth and fifth lines of clause (c); and by inserting after the word "conditioned," in the eighth line of that clause, the words. "in case notice of his intention to appeal is not already filed in the office of the Registrar of the Court to which the appeal is given, to

Amends s. 104.

Amends Schedule.

Further

amends Schedule.

file such notice within the time and in the manner herein before provided in that behalf, and conditioned in all cases."

4. Section 104 of said chapter 59 is amended by adding thereto the following subsection:

"(2.) It shall not be necessary for any Justice to attach or affix any seal to any proceedings or process the forms for which are contained in the Schedule."

5. The Schedule to said chapter 59 is amended by inserting in Form 51, after the letters "A. B." in the second line of the condition set out in that form, the words "(to file a notice of his intention to appeal in the office of the Registrar of the County Court of within the time and in the manner provided by the 'Summary Convictions Act' in that behalf, and to if such notice is not already filed)"; and by inserting after the word "will," in the second line of the form of notice in said Form 51, the words "(file a notice of your intention to appeal in the office of the Registrar of the County Court of within the time and in the manner provided by the Summary Convictions Act' in that behalf, and will if such notice is not already filed)."

6. The Schedule to said chapter 59 is further amended by striking out that part of the Tariff of Fees beginning with the subheading "Constables' Fees " to the end of the said Tariff of Fees, and substituting therefor the following:

Constables' Fees.

1. Arrest of each individual upon a warrant, or arresting without
a warrant an individual who is subsequently convicted
2. Serving summons or subpœna

$1.50 50

3. Mileage to serve summons, subpoena, or to make an arrest, one
way, per mile, 15 cents (if no public conveyance is available
reasonable livery charges to be allowed).

4. Mileage when service cannot be effected, upon proof of due dili
gence, one way .....

15

5. Returning with prisoner after arrest to bring same before a
Magistrate or Justice for preliminary hearing or trial where the
Magistrate or Justice is not at place where warrant was handed
constable, and where the journey is of necessity over a different
route than that travelled to make the arrest, per mile one way....
6. Taking prisoner to gaol on remand or committal, one way, per
mile (if no public conveyance is available reasonable livery
charges to be allowed).....

15

15

(Not payable if this is return journey from taking prisoner before Justice, double mileage not being chargeable.)

7. Attending Magistrate or Justices on summary trials, or on exam-
ination of prisoners charged with crime, for each day necessarily
employed, only one day's fees on any number of cases.

2. 00

8. Serving distress warrant, and returning same

9. Advertising under distress warrant....

1 50

1 50

10. Travelling to make distress, or to search for goods to make distress, when no goods are found, one way, per mile

...

11. Appraisements, whether by one appraiser or more-2 cents in the dollar on the value of the goods.

12. Catalogue sale and commission, and delivery of goods-5 cents in the dollar on the net produce of the goods.

$0 15

Printed by WILLIAM H. CULLIN, Printer to the King's Most Excellent Majesty.
1923.

1 50

15

2.50

An Act for granting certain Sums of Money for the
Public Service of the Province of British Columbia.

[Assented to 21st December, 1923.]

MOST GRACIOUS SOVEREIGN:

W

HEREAS it appears by Message from the Honourable Walter Preamble.
Cameron Nichol, the Lieutenant-Governor of the Province

of British Columbia, and the Estimates accompanying the same, that
the sums mentioned are required to defray certain expenses of the
Public Service of the Province for the dates therein stated, including
certain expenses of Civil Government of the Province, and of the
Public Service thereof, for the fiscal years ending thirty-first March,
1923, 1924, and 1925, respectively:

May it therefore please Your Majesty that it may be enacted, and be enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, as follows:

1. From and out of the Consolidated Revenue Fund of this Province there shall and may be paid and applied for the purposes set forth in the Schedule hereto, viz. :

A sum not exceeding in the whole ninety-nine thousand five hundred and eighty-six dollars and seventy-five cents, expended for Public Service (as shown in Schedule A) for the fiscal year ending thirty-first March, 1923.

A sum not exceeding in the whole nine hundred and sixty thousand eight hundred and fifty-one dollars and seventy-five cents, to supplement the amount granted by the "Supply Act, 1923," for the fiscal year ending thirty-first March, 1924.

A sum not exceeding in the whole nineteen million two hundred and eighty-six thousand four hundred and thirteen dollars and fortyfour cents, for defraying the several charges and expenses of the

Appropriated for

the fiscal years

ending 31st March,

1923, 1924, and 1925.