shall, on conviction, be fined in a sum not exceding four hundred dollars, and be imprisoned in the common gaol for any period less than two years." (Ib. s. 6.)

PUBLICATION OF FALSE LIBEL.-"Any person who maliciously publishes any defamatory libel, knowing the same to be false, shall, being convicted thereof, be fined not more than two hundred dollars, and be imprisoned in the common gaol for a period not exceeding one year." (Ib. s. 7.)

PUBLISHING ANY LIBEL.-" Any person who maliciously publishes any defamatory libel, shall, being convicted thereof, be fined not exceeding the sum of one hundred dollars, or be imprisoned not exceeding six months, or both, as the court may award." (Ib. s. 8.)

TRUTH AS A PLEA.-" To any indictment or information for a defamatory libel, it shall be a good defence for the defendant to plead the truth of the matters charged by way of justification, in the manner required in pleading a justification to an action for defamation, and that it was for the public benefit that such matters should be published, and to such plea the prosecutor may reply generally, denying the whole thereof." (Ib. s. 9.)

"Without such plea the truth of the matters charged as libellous in such indictment or informatian, or that it was for the public benefit that such matters should have been published, shall in no case be inquired into." (Ib. s. 10.)

"If after such plea the defendant be convicted on such indictment or information, the court, in pronouncing sentence, may consider whether the guilt of the defendant is aggravated or mitigated by such plea, and by the evidence given to prove or disprove the same." (Ib. s. 11.)

"In addition to such plea of justification, the defendant may plead not guilty, and no defence otherwise open to the defendant under the plea of not guilty shall be taken away or prejudiced by reason of such special plea." (Ib. s. 12.)

"Whenever upon

the trial

PUBLICATION WITHOUT AUTHORITY. of any indictment or information for the publication of a libel,

to which the plea of not guilty has been pleaded, evidence is given which establishes a presumptive case of publication against the defendant by the act of any other person by his authority, the defendant may prove (and if proved, it shall be a good defence), that such publication was made without his authority, consent or knowledge, and that the said publication did not arise from want of due care or caution on his part." (Ib. s. 13.)

COSTS." In the case of an indictment or information by a private prosecutor, for the publication of any defamatory libel, if judgment be given against the defendant he shall be liable for the costs sustained by the prosecutor by reason of such indictment or information; and if judgment be given for the defendant, he shall be entitled to recover from such prosecutor the costs sustained by the defendant by reason of such indictment or information." (Ib. s. 14.)

"The costs in such cases shall, at the option of the party in whose favour the same are to be taxed, be taxed by either of the clerks of the crown and pleas at Toronto, or by the deputy-clerk of the crown in the county where such trial took place." (Ib. s. 15.)

"Process of contempt and arrest for non-payment of costs having been abolished by the fourth and tenth sections of the act passed in the twenty second year of Her Majesty's reign, chapter thirty-three (A.D. 1859), to extend the provisions of the act for the abolition of imprisonment for debt, and as provided in the third and thirteenth sections of the Consolidated Statutes for Upper Canada, chapter twenty-four, respecting arrest and imprisonment for debt; therefore, the costs mentioned in the two last preceding sections of this act shall be recoverable on any rule or order of the court of Queen's Bench or Common Pleas, or of any Judge of either of the said superior courts of common law, or on the rule or order of the county court in the county in which such indictment or information was tried, or of any Judge of such county court, in the manner provided in the nineteenth section of the said Consolidated Statute, and subject to the other provisions of

the said Consolidated Statute so far as material and applicable; and such proceedings shall be had on any such rule or order as may, at the time this act takes effect, be had in any case for non-payment of costs, pursuant to an order or rule of either of the said superior courts, and all proceedings for the recovery of such costs shall be entitled in the court of oyer and terminer for the county in which such trial was had." (Ib. s. 16.)

SMUGGLING.

USING FALSE INVOICES.-"If any person knowingly and wilfully, with intent to defraud the revenue of this province, smuggles or clandestinely introduces into this province any goods subject to duty, without paying or accounting for the duty thereon, or makes out or passes or attempts to pass through the custom house any false, forged or fraudulent invoice, or in any way attempts to defraud the revenue by evading the payment of the duty, or of any part of the duty, on any goods, every such person, his, her and their aiders or abettors shall, in addition to any other penalty or forfeiture to which they may be subject for such offence, be deemed guilty of a misdemeanor, and on conviction shall be liable to a penalty not exceeding two hundred dollars or to imprisonment for a term not exceeding one year, or both, in the discretion of the court before whom the conviction is had." (Con. Stats. C. c. 17, s. 55.)

Offering for SALE GOODS PRETENDED TO BE Smuggled.—“ If any person offers for sale any goods under pretence that the same are prohibited, or have been unshipped and run on shore, or brought in, by land or otherwise, without payment of duties, then and in such case all such goods (although not liable to any duties nor prohibited) shall be forfeited, and every person offering the same for sale shall forfeit the treble value of such goods, or the penalty of two hundred dollars, at the election of the prosecutor, which penalty shall be recoverable in a summary way before any one or more Justices of the Peace; and in

default of payment on conviction, the party so offending shall be committed to any of Her Majesty's gaols for a period not exceeding sixty days." (Ib. s. 56.)

HARBOURING SMUGGLED GOODS.-"If any person knowingly harbors, keeps, conceals, purchases, sells or exchanges any goods illegally imported into this province, (whether such goods are dutiable or not,) or whereon the duties lawfully payable have not been paid, such person shall for such offence forfeit treble the value of the said goods, as well as the goods themselves." (Ib. s. 57.)

COMPANY OF PERSONS FOUND WITH SMUGGLED GOODS.-"If any five or more persons in company are found together, and they or any of them have any goods liable to forfeiture under this act, every such person shall be guilty of misdemeanor and punishable accordingly." (Ib. s. 58.)

HIRING PERSONS TO ASSIST IN SMUGGLING." Any person who by any means procures or hires any person or persons, or who deputes, authorizes or directs any person or persons to assemble for purpose of being concerned in the landing or unshipping or carrying or conveying any goods which are prohibited to be imported, or the duties for which had not been paid or secured, shall for every person so hired forfeit the sum of one hundred dollars." (Ib. s. 59.)

OFFENCES WITH REGARD TO WAREHOUSED GOODS, FRAUDULENTLY CONCEALING, &c.-1. "If any warehoused goods are fraudulently concealed in or removed from any public or private warehouse in this province, such goods shall be forfeited; and any person fraudulently concealing or removing such goods, or aiding or abetting such removal, shall incur the penalties imposed on persons illegally importing or smuggling goods into this province.

Fraudulently Opening Warehouse.-2. "And if the importer or owner of any warehoused goods, or any person in his employ, by any contrivance fraudulently opens the warehouse in which the goods are, or gains access to the goods except in the presence of, or with the express permission of the proper officer of

the customs acting in the execution of his duty, such importer or owner shall for every such offence forfeit the sum of one thousand dollars.

Altering Marks.—3. “And any person wilfully altering, defacing or obliterating any marks placed by the officer of the customs on any package of warehoused goods, shall for every such offence forfeit the sum of five hundred dollars.” (Ib. s. 60.)

FORFEITURE OF VESSELS ASSISTING TO LAND Smuggled GOODS. "All vessels, with the guns, tackle, apparel and furniture thereof, carriages, harness, tackle, horses and cattle used in the removal of any goods liable to forfeiture under this act, shall be forfeited; and every person assisting or otherwise concerned in the unshipping, landing or removal, or in the harbouring of such goods, or into whose hands or possession the same knowingly come, shall, besides the goods themselves, forfeit treble the value thereof, or the penalty of two hundred dollars, at the election of the officer of the customs or of the party suing for the same." (Ib. s. 61.)

VESSELS HOVERING.-"If any vessel is seen hovering (in British waters) within one league of the coasts or shores of this province, any officer of customs may go on board and enter into such vessel, and freely stay on board such vessel while she remain within the limits of this province; and if such vessel is bound elsewhere, and so continues hovering for the space of twenty-four hours after the master has been required to depart by such officer of the customs, such officer may bring the vessel into port, and examine her cargo, and if any goods prohibited to be imported into this province are found on board, then such vessel, with her apparel, rigging, tackle, stores and cargo, shall be forfeited; and if the master or person in charge refuses to comply with the lawful directions of such officer, or does not truly answer such questions as are put to him respecting such ship and vessel, or her cargo, he shall forfeit and pay the sum of four hundred dollars." (Ib. s. 62.)

SMUGGLED GOODS STOPPED ON SUSPICION.-"If any such goods are stopped or taken by such police officer on suspicion that the