such person if he be in his custody for no other

matter.

mary proceeding,

issue summonses,

70. In all cases of summary proceedings before a In cases of sumJustice or Justices of the Peace out of sessions, upon one Justice may any information or complaint as aforesaid, one Jus- warrants, &c. tice may receive such information or complaint, and grant a summons or warrant thereon and issue his summons or warrant to compel the attendance of any witnesses for either party, and to do all other acts and matters necessary preliminary to the hearing, even in cases where by the statute in that behalf such information and complaint must be heard and determined by two or more Justices.

issue a warrant

71. After a case has been heard and determined, One Justice may one Justice may issue all warrants of distress or of distress or commitment thereon.

commitment.

72. It shall not be necessary that the Justice who Although not a so acts before or after such hearing, shall be the Jus- convicting Justice or one of the Justices by whom the case is or was heard and determined.

must join in the

73. In all cases where by statute it is required Two Justices that any information or complaint shall be heard decision, &c. and determined by two or more Justices, or that a conviction or order shall be made by two or more Justices, such Justices must be present and acting together during the whole of the hearing and determination of the case.

Regulation as to the payment of

74. In Lower Canada the fees to which any clerk of the Special Sessions, or clerk of the Weekly Sessions clerk's fees. or clerk to any Justice or Justices out of sessions, is entitled, shall be ascertained, appointed and regulated in manner following, that is to say: the Justices of the Peace, at their General or Quarter Sessions for the several districts, shall, from time to time, as

Penalty for

clerks receiving

entitled to.

they see fit, make tables of the fees which in their opinion should be paid to the clerks of the Special and Weekly Sessions, and to the clerks of the Justices of the Peace within their several jurisdictions, and which said tables, being signed by the chairman of every such court of General or Quarter Sessions, shall be laid before the secretary of this Province, and such secretary, if he sees fit, may alter such table or tables of fees, and subscribe a certificate or declaration that the fees specified in such table or tables, as made by such Justices, or as altered by such secretary, are proper to be demanded and received by the Clerks of the Special Sessions and Weekly Sessions and the clerks of the several Justices of the Peace respectively throughout Lower Canada, and such secretary shall cause copies of such table or set of tables of fees to be transmitted to the several Clerks of the Peace throughout Lower Canada, to be by them distributed to the Justices within their several districts respectively, and to be by the said Justices placed in the hands of their clerks respectively.

75. If after such copy has been received by any greater fees than such clerk, he demands or receives any other or greater fee or gratuity for any business or act transacted or done by him as such clerk than such as is set down in such table or set of tables, he shall forfeit for every such demand or receipt the sum of eighty dollars, to be recovered by action of debt in any court having jurisdiction for that amount by any person who will sue for the same.

What fees clerks may demand.

76. Until such tables or set of tables are framed and confirmed, and distributed as aforesaid, such clerk or clerks may demand and receive such fees as they are now by any rule or regulation of a court of General or Quarter Sessions, or otherwise, authorized to demand and receive.

whom penalties,

paid.

77. In every warrant of distress to be issued as Regulations as to aforesaid in Lower Canada, the constable or other &c., are to be person to whom the same is directed, shall be thereby ordered to pay the amount of the sum to be levied thereunder unto the Clerk of the Peace, Clerk of the Special Sessions, Clerk of the Weekly Sessions, or Clerk of the Justices of the Peace, (as the case may be,) for the place wherein the Justice or Justices issued such warrant, and if a person convicted of any penalty, or ordered by a Justice or Justices of the Peace to pay any sum of money, pays the same tó any constable or other person, such constable or other person shall forthwith pay the same to such Clerk of the Peace, Clerk of the Special Sessions, Clerk of the Weekly Sessions, or clerk of the Justice of the Peace (as the case may be).

to gaoler.

78. If any person committed to prison in Lower May pay penalty Canada, upon any conviction or order as aforesaid for non-payment of any penalty, or of any sum thereby ordered to be paid, desires to pay the same and costs before the expiration of the time for which he has been so ordered to be imprisoned by the warrant for his commitment, he shall pay the same to the gaoler or keeper of the prison in which he is so imprisoned, and such gaoler or keeper shall forth-Gaoler to pay the with pay the same to the said Clerk of the Peace, Clerk of the Special Sessions, Clerk of the Weekly Sessions, or Clerk of the Justice of the Peace (as the case may be).

same to clerk.

clerk is to pay

79. All sums so received by the said clerk shall As to whom forthwith be paid by him to the party or parties to the same. whom the same respectively are to be paid, according to the directions of the statute on which the information or complaint in that behalf has been framed.

In certain cases

clerk to pay the same to treasurer, &c.

Said clerks and gaolers to keep

of all such

by them, &c.

80. If such statute contains no such directions for the payment thereof to any person or persons, then such clerk shall pay the same to the treasurer of the district, municipality, city, town or borough in which such person has been so condemned to pay the said sum, and for which such treasurer shall give him a receipt.

81. Every such Clerk of the Special Sessions, an exact account Clerk of the Weekly Sessions, or Clerk of the Jusmoney's received tice of the Peace, and every such gaoler or keeper of a prison, shall keep a true and exact account of all such moneys by him received, of whom and when received, and to whom and when paid, and shall once in three months render a fair copy of every every such account to the Clerk of the Peace for the district in which such payment has been made, who shall likewise every three months render a similar account to the Justices assembled at the Quarterly Sessions of the Peace for the said district, as also, once every month to the Justices assembled at the Weekly Sessions of the Peace.

Inspector, &c., may act alone.

To have power in

preserving order.

82. Any one Inspector and Superintendent of Police, Police Magistrate or Stipendiary Magistrate, appointed for any city, borough, town, place or territorial division, and sitting at a police court or other place appointed in that behalf, shall have full power to do alone whatever is authorised by this act to be done by two or more Justices of the Peace; and the several forms hereinafter contained may be varied so far as it may be necessary to render them applicable to the police courts aforesaid, or to the court or other place of sitting of such stipendiary magis

trate.

83. Any Inspector and Superintendent of Police, Police Magistrate or Stipendiary Magistrate as afore

said, sitting as aforesaid at any police court or other place appointed in that behalf, shall have such and like powers and authority to preserve order in the said courts during the holding thereof, and by the like ways and means as now by law are or may be exercised and used in like cases and for the like purposes by any courts of law in this province, or by the Judges thereof respectively, during the sittings thereof.

execution of pro

cess.

84. The said Inspectors and Superintendents of And for enforcing Police, Police Magistrates and Stipendiary Magistrates, in all cases where any resistance is offered to the execution of any summons, warrant of execution or other process issued by them, may enforce the due execution of the same by the means provided by the law for enforcing the execution of the process of other courts in like cases.

Peace in L. C.

of Justices.

85. In all the cities, towns and other places in Clerks of the Lower Canada where General or Quarter Sessions of to act as clerks the Peace are held, the Clerk or Clerks of the Peace shall act as Clerk or Clerks of the Justices of the Peace and of the Inspectors or Superintendents of Police, in such cities, towns and other places, as well at all Special as at all Weekly Sessions of the Peace held therein.

"Territorial Di

86. The words "Territorial Division" whenever Meaning of used in this act, shall mean in Lower Canada-dis-vision." trict, township, parish, or other place, and in Upper Canada-county, union of counties, township, city, town or other place to which the context may apply.

"Prison."

87. The word "Prison," whenever it occurs in Meaning of this act, shall be held to mean any place where parties charged with offences against the law are usually kept and detained in custody.