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ceeding; but his answers shall not be used against himself in any prosecution or criminal proceeding.” (Ib. s. 28.)

TAMPERING WITH WITNESSES.—“Any person who, either before or after the summons of any

witness in

any
such

case, tampers with such witness, or by any offer of money, or by threat or otherwise, directly or indirectly, induces or attempts to induce any such person to absent himself or herself or to swear falsely, shall be liable to a penalty of fifty dollars for each such offence.” (Ib. s. 29.)

DEFENDANT MAY BE IMPRISONED.—“Whenever judgment is rendered under the said twelfth and thirteenth sections of this act for the amount of any penalty and costs, the Justice, if he sees fit, may call on the defendant to declare whether or not he possesses sufficient goods and chattels to satisfy the same,-and if the answer is affirmative, may further examine him as to the sufficiency of such goods and chattels, and as to their being or not being readily available for seizure under a warrant of distress; and if the defendant either answers in the negative, or refuses to answer, or fails to answer to the satisfaction of the Justice, he may be forth with imprisoned under the warrant of the Justice in the common gaol of the district, or county, or union of counties, for a period of not less than one nor more than three months, counting from the day of his arrival as a prisoner at such gaol; but the defendant, in that case, may at any time obtain his liberation from such imprisonment, by making full payment of such amount and of all subsequent costs.” (16. s. 30.)

ABSENCE OF DEFENDANT.—“If the defendant is not present at the time of the rendering of such judgment, and it is made 'to appear to the satisfaction of the Justice, by affidavit, that the issue of a warrant of distress would be likely to fail of realizing the full amount thereof in penalties and costs, the defendant may be forthwith imprisoned in such common gaol under warrant of the Justice, for a period of not less than one nor more than three months, counting from the day of his arrival as a prisoner at such gaol; but the defendant, in that case, may at any time obtain his liberation from such imprisonment by making full payment of such amount and of all subsequent costs.” (Ib. s. 31.)

IMPRISONMENT AND LIBERATION.—“If the Justice does not so interrogate the defendant, being present,—or if the defendant being interrogated shows that he possesses a sufficiency of available goods and chattels to satisfy the amount of the judgment in penalty and costs,—or it in the absence of the defendant it is not shown to the satisfaction of the Justice that the issue of a warrant of distress would be likely to fail of realizing the full amount of the judgment in penalty and costs,-then in default of immediate payment, such amount shall be levied by warrant of distress out of the goods and chattels of the defendant; and in default of such goods and chattels, or in case of their being insufficient, the defendant shall be imprisoned in such common gaol, under warrant of the Justice, for a period of not less than one nor more than three months, counting from the day of his arrival as a prisoner at such gaol ; and the defendant, in that case, may at any time obtain his liberation from such imprisonment by making full payment of such amount and of all subsequent costs.” (Ib. s. 32.)

APPLICATION OF PENALTIES.—“ In Upper Canada, all such penalties shall be disposed of in the following manner, that is

to say:

IF BY COLLECTOR.—“ If the prosecution was brought by or in the name of a collector of inland revenue, and not under authorization from the council of a municipality, two-third parts shall belong to and retained by such collector,—but subject to the obligation of paying over one of such two-third parts to any person on whose information he may have instituted the prosecution; and the remaining third part shall by the collector be paid over to the Receiver General, for the Upper Canada Building Fund;

IF BY MUNICIPALITY.—“ If the prosecution was brought by or in the name of the corporation of a municipelity, or by or in the name of any person authorized by the council thereof, the whole shall belong to such corporation; and the council of the municipality may pay over not more than one-half thereof, either to such person, or to any other person upon whose information the prosecution may have been instituted;

IF BY PRIVATE PARTY.—“If the prosecution was brought by or in the name of any person not so authorized, the penalty shall belong to the corporation of the municipality whose bylaw is thereby enforced; and in that case, the council may pay over to any other person upon whose information the prosecution may

have been instituted not more than one-half of the whole penalty, or may apply the same to municipal purposes, as they see fit.” (Ib. s. 34.)

INDEMNIFICATION.—“Any person bringing such prosecution under authorization from a municipal council, shall be indemnified by the corporation of the municipality so authorizing him for all costs therein, whatever may be the result of the prosecution;

“In Upper Canada, any person bringing such prosecution to a successful issue without having been so authorized, shall be indemnified by the corporation whose by-law is thereby enforced for any amount of costs which, without default on his part, he may have failed to recover from the defendant;

“Whenever any person is committed to gaol under the thirtieth, thirty-first, or thirty-second section of this act, the cost of his arrest and conveyance to gaol shall' in like manner be borne by the corporation whose by-law is thereby enforced.” (Ib. s. 35.)

No APPEAL, &c.—“No conviction, judgment or order, in any such case shall be removed by certiorari or otherwise into any of her Majesty's superior courts of record ; nor shall any appeal whatever be allowed from any such conviction, judgment or order to any court of General Quarter Sessions, or other court whatever, when the conviction has been made by a stipendiary magistrate, recorder, judge of the sessions of the Peace, sheriff or police magistrate.” (16. s. 36.)

DEFECT OF BY-LAWS.—“No by-law passed under authority and for enforcement of this act, shall be set aside by any court for any defect of procedure or form whatever;

“ And no such by-law, adopted by the electors of a municipality under the fourth and fifth sections of this act shall be set aside by any court for any defect whatever, whether of form or substance, affecting the requisition therefor, the authenticity or number of the signatures thereto, the qualification of the signers thereof, or any matter, thing or procedure antecedent to the first publication of the notice given for the poll taken thereon, unless the same be unauthorized by this act." (16. s. 37.)

OBLIGATION OF OFFICERS.—“Every duty devolving upon any municipal officer under any of the foregoing sections of this act, whether in Lower or in Upper Canada, shall be performed by such officer, with the same powers and under the same penalties and liabilities in all respects whatever as though the same devolved upon him under the express enactments of the Lower Canada Consolidated Municipal Act, or of the act chaptered fifty-four of the Consolidated Statutes for Upper Canada, as the case may be.” (16. s. 38.)

PRESUMPTIONS.—“In prosecutions for sale or barter, in any locality where no by-law passed under authority and for the enforcement of this act is in force, of intoxicating liquor of any kind, without the license therefor by law required, or contrary to the true intent and meaning of the law in that behalf, it shall not be necessary that any witness should depose directly to the precise description of the liquor sold or bartered, or the precise consideration therefor, or to the fact of the sale or barter having taken place with his participation or to his own personal and certain knowledge; but the Justice or Justices trying the same, so soon as it may appear to him or them that the circumstances in evidence sufficiently establish the infraction of law complained of, shall put the defendant on his defence, and in default of his rebuttal of such evidence, shall convict him accordingly.” (27 & 28 Vic. c. 18, s. 39.)

MAY IMPRISON WITNESS.--"In every such prosecution, such Justice or Justices may summon any person represented to him or them as a material witness in relation thereto; and if such person refuses or neglects to attend pursuant to such summons, the Justice or Justices may issue his or their warrant for the arrest of such person ; and he shall thereupon be brought before the Justice or Justices, or Justices may issue his or their warrant for the arrest of such person ; and he shall thereupon be brought before the Justice or Justices, 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.” (Ib. s. 39, sub. sec. 2.)

DAMAGES AGAINST INNKEEPERS.—“ Whenever in any inn, tavern, or other house or place of public entertainment, or wherein refreshments are sold, or in any place wherein intoxicating liquor of any kind is sold, whether legally or illegally, any person has drunk to excess of intoxicating liquor of any kind therein furnished to him, and while in a state of intoxication from such drinking has come to his death by suicide, or drowning, or perishing from cold, or other accident caused by such intoxication, the keeper of such inn, tavern, or other house or place of public entertainment, or wherein refreshments are sold, or of such place wherein intoxicating liquor is sold, and also any other person or persons who for him or in his employ delivered to such person the liquor whereby such intoxication was caused, shall be jointly and severally (solidairement) liable to an action as for personal wrong, if brought within three months thereafter, but not otherwise, by the legal representatives of the deceased person ; and such legal representatives may bring either a joint and several action against them, or a separate action against either or any of them; and by such action or actions may recover such sum, not less than one hundred or more than one thousand dollars, in the aggregate of such actions, as may therein be assessed by the court or jury as damages. (Ib. s. 40.)

LIABILITY FOR Assault.—“ If a person in a state of intoxication assaults any person or injures any property, whoever

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