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and taken away in quantities not less than five gallons (or, in the case of bottled wine, ale, or porter, than one dozen such bottles) at a time.” (Ib. sub. sec. 4.)

SALE BY AGENT.—“Whoever, by himself, his clerk, servant, or agent, exposes or keeps for sale, or directly or indirectly, on any pretence or by any device, sells or barters, or in consideration of the purchase of any other property, gives to any other person any spirituous or other intoxicating liquor, or any mixed liquor capable of being used as a beverage, and a part of which is spirituous or otherwise intoxicating, in violation of the twelfth section of this act, shall incur a penalty of not less than twenty nor more than fifty dollars for each such offence; and whoever, in the employment or on the premises of another, so exposes or keeps for sale, or sells, or barters, or gives, in violation of the said section, shall be held equally guilty with the principal, and shall incur the same penalty.” (16. s. 13.)

PENALTIES. -—“Any prosecution for such penalty may be brought by or in the name of the collector of inland revenue within whose official district the offence was committed; or by or in the name of the corporation of the municipality wherein the offence was committed ; or by or in the name of any person whether authorized by the council of such municipality or not; and where the by-law is a county by-law, the corporation of the county, equally with that of the municipality comprised therein, and within which the offence was committed, may prosecute, or may authorize any person to prosecute.” (Ib. s. 14.)

“It shall be the duty of such collector of inland revenue to bring such prosecution, whenever he shall have reason to believe that such offence has been committed, and that a prosecution therefor can be sustained, and would not subject him to any undue measure of responsibility in the premises." (Ib. sub. sec. 2.)

BEFORE WHAT TRIBUNAL. - " Such prosecution may be brought before any stipendiary magistrate or before any two other Justices of the Peace for the district in Lower Canada, or for the county or union of counties in Upper Canada, wherein the offence was committed; or, if the offence was committed in the district either of Montreal or Quebec, then before the recorder or judge of the sessions of the peace at Montreal or Quebec, as may be; or if the offence was committed in any other district in Lower Canada, then before the sheriff of such district, or, if the offence was committed in any city or town in Upper Canada having a recorder or police magistrate, then before such recorder or police magistrate,or if the offence was committed in any city or town in Upper Canada not having a recorder or police magistrate, then before the Mayor thereof;

“If such prosecution is brought before any such stipendiary magistrate, recorder, judge of the sessions of the peace, sheriff, police magistrate or mayor, no other justice shall sit or take part therein;

“If such prosecution is brought before any two other Justices of the Peace, the summons shall be signed by both of them; and no other Justice shall sit or take part therein, unless by reason of their absence, or the absence of one of them, nor yet in the latter case, unless with the assent of the other of them;

“In the next following twenty-four sections, the word “Justice includes any such stipendiary magistrate, recorder, judge of the sessions of the peace, sheriff, police magistrate, or mayor, or any such two other Justices of the Peace, as the case may be.”* (Ib. sub-secs. 3, 4, 5, 6.)

LIMITATION.—“Every such prosecution shall be commenced within three months after the alleged offence, and shall be heard and determined in a summary manner, either upon the confession of the defendant, or upon the evidence of one or more witnesses.” (16. 8. 15.)

ALLEGATIONS IN COMPLAINT.—“It shall not be necessary, in any such prosecution, to set forth or mention or the face of the complaint, summons, conviction, warrant of distress or

Though it would appear that offences under this act are now triable before one Justice under 28 Vic. ch. 23, sec. 1, yet it is advisable that at least two Justices should preside in all such cases.

warrant of commitment, the by-law bringing the municipality within the special purview of this act; but such complaint, summons, conviction and warrants may be in the forms C, D, E, F and G respectively, hereto appended, or to the like effect; and unless the defendant specially puts in issue the fact of such by-law being in force, such fact shall be presumed by the Justice; and if such fact is so put in issue, the production of a copy of such by-law, certified under the hand of the clerk or secretary-treasurer of the municipality, and having thereon a certificate under the hand of the same officer of the due publication (if requisite), and communication to the collector of inland revenue of such by-law, or of such communication only, if publication thereof was not requisite, shall be conclusive proof of the passing and of the tenor thereof, and also of such publication and communication thereof, the whole as so certified; and no fact so certified touching such by-law shall be incidentally put in issue or questioned in the course of any such prosecution.” (16. s. 15.)

SEVERAL OFFENCES.—“Two or more offences by the same party may be included in any such complaint, provided the time and place of each offence is stated; and in that case, the forms aforesaid shall be altered, so far as need may be, accordingly:

“But whatever may be the number of the offences so included in one complaint, the maximum of penalty imposable for all shall in no case exceed one hundred dollars.” (16. s. 17.)

EX PARTE.—“If in any such case the defendant fails to appear as required by the summons, the Justice may proceed ex parte to the consideration and hearing thereof, and may adjudicate therein, as fully and effectually to all intents as though the defendant had duly appeared in obedience to the summons." (16. s. 18.)

AMENDMENT.—“Any such complaint may be amended before final hearing, in any matter of form or substance, upon application to that effect, by or for the prosecutor, and without costs, unless otherwise specially ordered by the Justice; and

on such amendment being made, the defendant (should he require it) may have a further delay to plead to the merits, or for plea and proof, as may be ordered; and if the complaint, in the opinion of the Justice, is so defective that a legal conviction cannot be based upon it, and is not amended, the Justice may dismiss the case, with or without costs, in his discretion.” (16. s. 19.)

INFORMALITY.—“No such prosecution shall otherwise be dismissed for any defect, informality, error or omission; but if it appears that the defendant has been, or may have been, materially misled thereby, the Justice may, on such terms as he thinks fit, adjourn the further proceedings in the case to a future day.” (Ib. 20.)

Costs.—“If any such prosecution is dismissed, the Justice, should he be of opinion that there was probable cause for the complaint, shall not award to the defendant costs against the prosecutor.” (16. 21.)

SERVICE.—“Every summons or other process, proceeding, or paper, in any such case, may be served, and the service thereof certified under his oath of office, by any bailiff, or by any constable or peace officer, duly appointed for the locality wherein the same is pending.” (Ib. 22.)

DEPOSITIONS.--"In every such case, if the Justice so orders, or if either party so requires, the depositions of the witnesses shall be reduced to writing by the Justice, or by such clerk as the Justice may appoint to that end, and shall be filed of record in the cause; such clerk shall be entitled to charge and receive, at the rate of ten cents for each hundred words of evidence so reduced to writing, or of two dollars per diem, in the discretion of the Justice,—to be entered in taxation, and paid by either party, or partly by each party, as the conviction or judgment in the case may ordain ; and if no conviction or judgment is rendered therein within two months after the taking of such evidence, then the fees of such clerk shall be paid in equal shares by each party.” (Ib. s. 23.)

Proof OF DATE.—“ It shall not be necessary in any such case to prove that an offence was committed on the precise day specified, in order to obtain a conviction; provided it is proved that the same was committed on or about such day, and before the date of the complaint.” (Ib. s. 24.)

EVIDENCE OF SALE.--" In all such cases, the delivery of intoxicating liquor of any kind in or from any building, booth or place other than a private dwelling house or its dependencies, if any part thereof is used as a tavern, eating-houze, grocery, shop, or other place of common resort,--such delivery in either case being to any one not bona fide a resident therein,-shall primâ facie be deemed evidence of and punishable as a sale in violation of the twelfth and thirteenth sections of this act; and any such delivery in or from a private dwelling house or its dependencies, or in or from any other building, booth or place whatever, to any one, whether resident therein or not, with payment or promise of payment, either express or implied, before, on or after such delivery, shall primâ facie be deemed evidence of and punishable as a sale in violation of the said sections.” (16. s. 25.)

COMMITTAL OF WITNESS FOR REFUSING TO ANSWER.—“In any :such case the Justice may summon any person represented to him as a material witness in relation thereto: and if such person refuses or neglects to attend pursuant to such summons, the Justice may issue his warrant for the arrest of such person, and he shall thereupon be brought before the Justice; 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.” (16. s. 26.)

INTEREST, NO EXCUSE.—“No person shall be incompetent on account of interest in the event of any such case, to give evidence therein.” (Ib. 6. 27.)

WITNESS BOUND TO ANSWER. Any person examined or “called as a witness in any such case shall be bound to answer all questions put to him, and which the Justice deems relavent, notwithstanding his answers may disclose facts subjecting or tending to subject him to any penalty or other criminal pro

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