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of this act, to impound the weapon for carrying which such person is convicted, and to cause the same to be destroyed.” (Ib. s. 11.)
“All prosecutions under the preceding ninth and tenth sections of this act shall be commenced within one month from the offence charged ; and from any conviction or decision under the said ninth and tenth sections an appeal shall lie to the Court of General Quarter Sessions of the Peace for the county in Upper Canada, or district in Lower Canada, wherein the same takes place, subject in Upper Canada to the provisions of the Consolidated Statute for Upper Canada respecting appeals in cases of summary conviction, and in Lower Canada to the provisions of law regulating appeals to the Quarter Sessions generally.”* (16. 6. 12.)
WEEDS. PREVENTING GROWTH OF.—“The council of every township, city, town, or incorporated village may pass by-laws for preventing the growth of weeds detrimental to good husbandry." (Con. Stat. U. C. c. 54, s. 266, sub. sec. 10.)
WEIGHTS AND MEASURES_USING UNLAWFUL. “ The following rates shall be the standard weight, and shall in all cases be allowed to be equal to the Winchester bushel, namely
* When a person is charged before an ordinary Justice of the Peace with an offence under the above statute, it must be borne in mind that he can only entertain the charge; and if he thinks there is sufficient evidence, it is his duty forthwith to remand the defendant for disposal before the recorder or police magistrate of the nearest city. This is evident, as section ten of the act enacts that offences against the provisions of section nine may be tried and dealt with in pursuance of the Consolidated Statute of Canada respecting the prompt and summary administration of criminal justice in certain cases. Referring to Con. Stat. C. c. 105 (see ante, p. 453), summary power is only given in Upper Canada to recorders and police magistrates of cities. By section 18 of the latter act (see ante, p. 457) a magistrate may entertain a charge, but must send it for disposal to the recorder or police magistrate of the nearest city.
The notice of appeal against a conviction under the above section must be given within three days, and must be served upon the complainant.
34 lbs. Indian corn 56 lbs. Beans ..
60 lbs. Rye..
56 lbs. Clover Seed ... 60 lbs. Pease
60 lbs. Timothy Seed ..... 48 lbs. Barley
48 lbs. Buckwheat
Buckwheat ........ 48 lbs.” (Con. Stat. U. C. c. 58, s. 14.)
PENALTY, IF WEIGHT IS NOT STAMPED WITHIN A CERTAIN TIME.
-" Every storekeeper, shopkeeper, miller, distiller, butcher, baker, huckster, or other trading person, and every wharfinger or forwarder in any county or place in Upper Canada, who, two months after the appointment of an inspector therefor, uses any weight or measure which has not been duly stamped according to law, or which may be found light or otherwise unjust, shall on conviction forfeit a sum of not more than twenty nor less than eight dollars; and every such light or unjust weight or measure shall, on being discovered by any inspector, be seized, and on conviction of the person using the same shall be forfeited and broken up by the inspector.” (16. s. 16.)
INSPECTOR MAY ENTER SHOPS.—“Every inspector may, at all reasonable times, enter any shop, store, warehouse, stall, yard, or place whatsoever, within his county or division, where any commodity is bought, sold, or exchanged, weighed, exposed, or kept for sale, or weighed for conveyance or carriage, and there examine all weights, measures, or other weighing machines, and compare and try the same with standard weights and measures provided by law.” (16. s. 17.)
FORFEITURE OF.—“If upon such examination it appears that the said weights or measures, or any or either of them, have not been stamped, or are light or otherwise unjust, the same shall be liable to be seized and forfeited ; and the person or persons in whose possession the same are found shall, on conviction, forfeit a sum not exceeding eight dollars for the first and twenty dollars for every subsequent offence.” (16. s. 18.)
FALSE STEELYARDS.—“Any person who has in his possession a steelyard or other weighing machine which, on such examination, is found incorrect or otherwise unjust, or who, when thereto required, neglects or refuses to produce for such examination all weights, measures, steelyards, or other weighing machines in his possession, or who otherwise obstructs or hinders such examination, shall be liable to a like penalty.” (Ib. s. 19.)
WHEN PENALTY INCURRED. — “No penalty as aforesaid shall be incurred in any county, division, or locality, until two months at least after a standard of weights and measures has been received by the inspector legally appointed therefor.” (16. s. 20.)
PENALTIES, HOW RECOVERABLE.—“All penalties under this act, together with all reasonable costs, shall be recoverable before any Justice of the Peace, on the oath of the inspector or of any other credible witness, and shall, if not forthwith paid, be levied by distress and sale of the goods and chattels of the offender, and in default of distress the offender shall be committed to the common gaol of the county wherein the conviction took place for a term not exceeding one month; and all such penalties when recovered shall belong to the crown for the public uses of the province, and shall be paid over to the inspector, and shall by him be accounted for in the same manner as other public moneys coming into his hands by virtue of his office.” (16. s. 21.)
FORGING STAMP8.-“If any person makes, forges or counterfeits, or causes or procures to be made, forged or counterfeited, or knowingly acts or assists in the making, forging or counterfeiting any stamp or mark legally used for the stamping or marking of any weights or measures in any county or place in Upper Canada, he shall be guilty of a misdemeanor, and on being convicted thereof shall be liable, at the discretion of the court, to be fined or imprisoned in the common gaol of the county where the conviction takes place; but such fine shall not exceed eighty dollars, and such imprisonment shall not exceed three months.” (16. 8. 22.)
COUNTERFEIT STAMP.—“If any person knowingly sells, alters, disposes of or exposes to sale any weight or measure with such
forged or counterfeit stamp or mark thereon, he shall for every such offence forfeit, on conviction, a sum not exceeding forty dollars nor less than eight dollars, to be recovered under the provisions of the twenty-first section of this act; and all weights and measures with such forged or counterfeit stamps or marks shall be forfeited and broken up by the inspector.” (Ib. s. 23.)
PENALTY ON INSPECTOR FOR STAMPING, &c.--"If any inspector stamps, brands or marks any weight or measure without having first duly compared and verified the same with and by the standard weights and measures provided by law for that purpose, or is guilty of a breach of any duty imposed upon him by this act, he shall, on conviction, forfeit a sum not exceeding twenty dollars, to be recovered and applied as aforesaid." (16. s. 24.)
APPEALS.--" Any conviction under this act may be appealed in the manner provided in the act respecting appeals in cases of summary convictions.” (Ib. B. 27.)
JURISDICTION OF MUNICIPAL COUNCILS. -" The council of every county, city and town may pass by-laws:
For appointing inspectors to regulate weights and measures according to the lawful standard ;
2. “For visiting all places wherein weights and measures, steel-yards, or weighing machines of any description are
8. “For seizing and destroying such as are not according to the standard : 4. “For imposing and collecting penalties upon persons
who are found in possession of unstamped or unjust weights, measures, steel-yards or other weighing machines." (Con. Stat. U. C. c. 54, s. 281.)
WOLVES. DESTROYING OF.—" If any person produces the head of a wolf with the ears on, before any Justice of the Peace acting for any county in Upper Canada, and makes oath or affirmation (as the case may be), or otherwise proves to the satisfaction of such Justice that the wolf was killed within that county, or within one mile of an actual settlement in the county, he shall be entitled to receive from the treasurer of the county the sum of six dollars as a bounty for the same."* (Con. Stat. U. C. c. 60, s. 1.)
CERTIFICATE.—“ In case the Justices of the Peace before whom the head of the wolf is produced be satisfied of the fact that the wolf was killed as in the preceding section mentioned, he shall first cut off the ears thereof, and then give the person a certificate that the fact of the wolf having been killed, as in the last section mentioned, has been proved to his satisfaction, and such certificate shall authorize the person holding the same to demand and receive from the treasurer of the county the said bounty of six dollars.” (16. 8. 2.)
WHEN TREASURER TO PAY.—“The treasurer of the county shall forthwith pay such bounty to the person presenting the certificate, provided the county funds in his hands enable him so to do; and if the said funds do not so enable him, then the treasurer shall pay the same out of the moneys of the county which next thereafter come into his hands.” (16. s. 3.) OTHER EXPENSES TO BE FIRST PAID.
“ The treasurer of a county shall not pay the bounty to which any such certificate entitles the person presenting the same until he has paid the annual expenses of the county arising from the building of a court-house and gaol, and keeping the same in repair, the fees of the clerk of the peace, the salary of the gaoler, and the maintenance of the prisoners.” (Ib. s. 4.)
IF NOT PAID BY TREASURER." When the funds of any county do not enable the treasurer thereof to pay the bounty, the certificate therefor shall be received by the treasurer of any municipality in the said county for the amonnt in certificate specified, for and towards the discharge of any county rate to be collected from any person within the county.” (Ib. s. 5.)
* The oath made by or on behalf of the party producing the head should be in writing, and signed by the party who makes it. “It should state the said head to be the head of a wolf, and when and where and by whom killed. Though not strictly necessary, it might be as well for the Justice to write the certificate upon the back of the paper containing the oath, and thereby cause the oath to be preserved among the county papers.