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same have been feloniously stolen, such officer shall carry the same to the police office to which the offender is taken, there to remain until and in order to be produced at the trial of the said offender; and in such case the officer shall give notice in writing to the collector or principal officer of Her Majesty's customs at the port nearest to the place where such goods have been detained of his having so detained the said goods, with the particulars of the same: and immediately after the trial all such goods shall be conveyed to and deposited in the custom house or other place appointed, as aforesaid, and proceedings relative to the same shall be had according to law.” (Ib. s. 66.)
POLICE OFFICER NEGLECTING TO OBEY THIS SECTION.-.."And in case any police officer having detained such goods neglects to convey the same to such warehouse, or to give such notice of having stopped the same as before described, such officer shall forfeit the sum of one hundred dollars; and such penalty shall be recoverable in a summary way before any one or more Justices of the Peace, and in default of payment the party so offending shall be committed to any of her Majesty's gaols for a period not exceeding thirty days.” (Ibid.)
FORGING MARKS, &c.—“If any person at any time forges or counterfeits any mark or brand to resemble any mark or brand provided or used for the purposes of this act, or forges or counterfeits the impression of any such mark or brand, or sells or exposes to sale, or has in his custody or possession any goods with a counterfeit mark or brand, knowing the same to be counterfeit, or uses or affixes any such mark or brand to any other goods required to be stamped as aforesaid, other than those to which the same was originally affixed, such goods so falsely marked or branded shall be forfeited, and every such offender, and his aiders, abettors or assistants, shall, for every such offence forfeit and pay the sum of two hundred dollars; which penalty shall be recoverable in a summary way before any two Justices of the Peace in this province, and in default of payment the party so offending shall be committed to any of her Majesty's gaols in this province for a period not exceeding twelve months.” (Ib. s. 67.)
COUNTERFEITING, OR USING COUNTERFEITED PAPERS.—“If any person counterfeits or falsifies, or uses when so counterfeited or falsified, any paper or document required under this act or for any purpose therein mentioned, whether written, printed, or otherwise, or by any false statement procure such document, or forges or counterfeits any certificate relating to any oath, affirmation or declaration hereby required or authorized, knowing the same to be so forged or counterfeited, such person shall be guilty of a misdemeanor, and being thereof convicted shall be liable to be punished accordingly.” (16. s. 68.)
OFFICERS EMPLOYED FOR THE PREVENTION OF SMUGGLING.– “ All officers and persons employed under the authority of any enactment in chapter sixteen of these Consolidated Statutes of Canada, or in the collection of the revenue within the meaning of that act, or under the direction of any officer or officers in the customs department, or being an officer of the said department, shall be deemed and taken to be duly employed for the prevention of smuggling; and in any suit or information the averment that such party was so duly employed shall be sufficient proof thereof, unless the defendant in such suit or information shall prove to the contrary.
“Every such officer or person as aforesaid, may upon information or upon reasonable ground of suspicion, detain, open, and examine any package suspected to contain prohibited property or smuggled goods, and may go on board and enter into any vessel, boat, canoe, carriage, waggon, cart, sleigh or other vehicle or means of conveyance of any description whatsoever, and may stop and detain the same, whether arriving from places beyond or within the limits of this province, and may rummage and search all parts thereof, for prohibited, forfeited, or smuggled goods : and if any such prohibited, forfeited, or smuggled goods are found in any such vessel or vehicle, the officer or person so employed may seize and secure such vessel or vehicle, together with all the sails, rigging, tackle, apparel, horses, harness and other appurtenances, which at the time of such seizure belong to or are attached to such vessel or vehicle, with all goods and other things laden therein or thereon, and the same shall be forfeited.
“ The officer or person in the discharge of the said duty may call in such lawful aid and assistance in the Queen's name as may be necessary for securing and protecting such seized vessels, vehicles or property : And if no such prohibited, forfeited, or smuggled goods are found, such officer or person, having had reasonable cause to suspect that prohibited, forfeited or smuggled goods would be found therein, shall not be liable to any prosecution or action at law for any such search, detention or stoppage.
Refusing to Stop or Assist.-—"All masters or persons in charge of any such vessels, and all drivers or persons conducting or having charge of such vehicles or conveyances, refusing to stop when required to do so by such officer or person as aforesaid in the Queen's name, and any person being present at any such seizure or stoppage, and being called upon in the Queen's name by such officer or person to aid and assist him in a lawful way, and refusing so to do, shall forfeit and pay the sum of two hundred dollars, which penalty shall be summarily recovered before any two Justices of the Peace in this province, and in default of payment the offender shall be committed to any of her Majesty's gaols in this province for a period not exceeding six months. (Ib. s. 70.)
APPEALS.—“An appeal shall be from the conviction of any Justices of the Peace under this act to the Quarter Sessions, to be tried by a jury, in the same manner as from convictions in any case of summary punishment allowed by law, on furnishing security by bond or recognizance with two sureties to the satisfaction of such convicting Justices, to abide the event of such appeal.” (16. s. 88.)
FELONIES-- Removing goods seized.—“If any person whatever, whether pretending to be the owner or not, either secretly or openly, and whether with or without force or violence, takes or carries away any goods, carriage, vessel or other thing which has been seized or detained on suspicion, as forfeited under this act, before the same has been declared by competent authority to have been seized without due cause, and without the permission of the officer or person having seized the same, or of some competent authority, such person shall be deemed to have stolen such goods, being the property of her Majesty, and to be guilty of felony, and shall be liable to punishment accordingly.” (16. s. 63.)
Assaulting, &c., Officers.—“If any person under any pretence, either by actual assault, force or violence, or by threats of such assault, force or violence, in any way resists, opposes, molests or obstructs any officer of customs, or any person acting in his aid or assistance, in the discharge of his or their duty under the authority of this act, or any other law of the province relating to customs, trade or navigation;
Firing at Vessels.—“Or wilfully or maliciously shoots at or attempts to destroy any vessel belonging to her Majesty or in the service of the province;
Wounding Officers, &c.-“Or maims or wounds any officer of the army, navy, marine or customs, or any person acting in his aid or assistance, while duly employed for the prevention of smuggling, and in execution of his or their duty;
Having smuggled Goods, &c., and being armed, &c.—“ Or if any person is found with goods liable to seizure or forfeiture, under this act or any other law relating to customs, trade or navigation, and carrying offensive arms or weapons, or in any way disguised;
Destroying Vessels, Goods, &c.—“Or staves, breaks or in any way destroys any such goods before or after the actual seizure thereof; or scuttles, sinks or cuts adrift any vessel, or destroys or injures any vehicle before or after the seizure; or wilfully and maliciously destroys or injures by fire or otherwise any «custom-house, or any building whatsoever in which seized or forfeited goods are deposited or kept—such person, being convicted thereof, shall be judged guilty of felony, and shall be punished accordingly.” (Ib. s. 72.)
Note.-Fines and forfeitures under this act are not recoverable before a Justice unless where a special provision is made to that effect; but offences which are hereby made felonies and misdemeanors, of course come under the Justice's jurisdiction as indictable offences.
SHEEP-PROTECTION OF, IN UPPER CANADA.
Dogs WORRYING SHEEP MAY BE KILLED._“It shall be lawful for any person to kill any dog in the act of pursuing or worrying or destroying sheep, elsewhere than on land belonging to the owner of such dog.” (27 V. ch. 20, s. 1.)
OWNERS OF Dogs MAY BE SUMMONED.—“On complaint made in writing on oath before any Justice of the Peace for any city, town or county, or union of counties in Upper Canada, that
any person residing in such city, town or county, or union of counties, owns or has in his possession a dog which has within six months previous worried and injured or destroyed any sheep, such Justice of the Peace may issue his summons, directed to such person, stating shortly the matter of such complaint, and requiring such person to appear before him at a certain time and place therein stated, to answer to such complaint, and to be further dealt with according to law.” (16. s. 2.)
PROCEEDINGS, HOW REGULATED.—“The proceedings on such complaint and summons shall be regulated by the act respecting the duties of Justices of the Peace out of sessions, in relation to summary convictions and orders, which shall apply to cases under this act.” (16. s. 3.)
JUSTICE MAY ORDER THAT DOG BE DESTROYED. person is convicted on the oath of a credible witness, of owning or having in his possession a dog which has worried and injured or destroyed any sheep, the Justice of the Peace may make an order for the killing of such dog (describing the same according tỏ the tenor of the description given in the complaint under the evidence) within three days, and in default thereof may, in his discretion, impose a fine upon such person not exceeding twenty dollars, with costs; and all penalties imposed under this act shall be applied to the use of the municipality in which the defendant resides.” (16. s. 4.)
CONVICTION NO BAR. No conviction under this act shall be a bar to any action by the owner or possessor, as aforesaid, of
“In case any