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JURISDICTION.—“Any Justice of the Peace, any reeve or mayor of a township or municipality, any police magistrate, recorder of a city or town, any judge of a circuit or division court, shall hear and determine summarily any case arising within his jurisdiction under this act; and every person making a complaint against any other person for contravening this act, or any part or portion thereof, before such Justice, reeve, mayor, police magistrate, recorder or judge, may be admitted as a witness; and if such justice, mayor, reeve, police magistrate, recorder, judge or commissioner before whom the examination or trial is had so orders, as he may if he thinks there is probable cause for the prosecution, the defendant shall not recover costs though the prosecution fails.” (Ib. s. 4.)
APPEAL.—“No appeal shall be allowed to any person complained of or convicted under this act, unless he enters into a recognizance or bond to the municipality in which the offence is alleged to have been committed in the sum of one hundred dollars, jointly and severally with two good and sufficient sureties, to prosecute his appeal, and to pay all costs, fines and penalties to be awarded against him upon the final determination of the case.
RECOGNIZANCE.—“No recognizance or bond shall be taken except by the Justice, reeve, or police magistrate, recorder or judge before whom the complaint was made, or the offender tried, and the security shall be to his satisfaction; and if the appeal is not successful, the recognizance or bond shall be forfeited, and the amount thereof become a debt due to the municipality within which the offence was committed, recoverable by action and in the name of the municipality. It shall be the duty of the secretary-treasurer, clerk, or treasurer, or chamberlain of such municipality to prosecute the same, and the money shall be applied in same manner as fines hereinbefore mentioned. If recognizance or bond mentioned in this section is not given within three days after conviction, &c., appeal not to be allowed.” (16. s. 5.)
SEARCH.—“If any three persons being voters, or entitled to vote at any municipal election of the municipality within
which the complaint is made, make oath or affirmation before any Justice, reeve, mayor or police magistrate, recorder or judge of the circuit court, or of a division court, that they have reason to believe and do believe that any intoxicating liquor intended for sale or barter, in contravention of this act, is kept or deposited in any steamboat or other vessel, or in any carriage or vehicle, or in any store, shop, warehouse or other building or place in such municipality, or on any river, lake or water adjoining the same, at any place within which such intoxicating liquor is by this act prohibited to be sold or bartered, or kept for sale or barter, the said Justice, mayor, reevé or police magistrate, recorder or judge shall issue his warrant of search to any sheriff, police officer, bailiff or constable, who shall forthwith proceed to search the premises, steamboat, vessel, or place described in such warrant, and if any intoxicating liquor be found therein he shall seize the same, and the barrels, casks or other packages in which it is contained, and convey them to some proper place of security, and there keep them until final action is held thereon ; but no dwelling-house in which or in part of which, a shop or bar is not kept shall be searched unless one at least of the said complainants shall testify on oath to some act of sale of intoxicating liquor therein or therefrom, in contravention of this act, within one month of the time of making the said complaint.
2. “The owner or keeper of the liquor seized as aforesaid, if he is known to the officer seizing the same, shall be summoned forthwith before the Justice or person by whose warrant the liquor was seized; and if he fails to appear, and it appears to the satisfaction of the Justice or person who issued the warrant that the said liquor was kept or intended for sale or barter in contravention of this act, it shall be declared forfeited, with any package in which it is contained, and shall be destroyed by the authority of the written order to that effect of the Justice, reeve, mayor, police magistrate, recorder or judge, and in his presence, or in the presence of some person appointed to witness the destruction thereof, and who shall join with the officer by whom the said liquor has been destroyed, in attesting that fact on the back of the order by which it was done; and the owner or keeper of such liquor shall pay a fine of forty dollars and costs, or be committed to prison for three months in default thereof.” (Ib. s. 6.)
“ If the owner, keeper or possessor of liquor seized under the provisions of this act is unknown to the officer seizing the same, it shall not be condemned and destroyed until the fact of such ‘seizure has been advertised, with the number and description of the package as near as may be, for two weeks, by posting up a written or printed notice and description thereof in at least three public places.
2." And if it is proved within such two weeks, to the satisfaction of the Justice, reeve, mayor, police magistrate, recorder or judge by whose authority such liquor was seized, that it was not intended for sale or barter in contravention of this act, it shall not be destroyed, but be delivered to the owner, who shall give his receipt therefor on the back of the warrant, which shall be returned to the Justice or person who issued the same; but if after such advertisement as aforesaid, it appears to such Justice, reeve, mayor, police magistrate, recorder or judge, that such liquor was intended for sale or barter in contravention of this act, then such liquor, with any package in which it is contained, shall be forfeited, condemned and destroyed.” (Ib. s. 7.)
PAYMENTS VOID.—“Any payment or compensation for liquor sold or bartered in contravention of this act, whether in money or securities for money, shall be held to be against law, equity, and good conscience; and the amount or value thereof may be recovered from the receiver by the party making, paying or furnishing the same; and all sales, transfers, conveyances, liens and securities of every kind which, either in whole or in part have been given for or on account of intoxicating liquor sold or bartered in contravention of this act, shall be null against all persons, and no right shall be acquired thereby, and no action of any kind shall be maintained, either in whole or in part, for or on account of intoxicating liquor so sold or bartered in contravention of this act.” (Ib. s. 8.)
COMPELLING ATTENDANCE OF WITNESSES. - Any Justice of the Peace, police magistrate, recorder or judge, &c., is autho
rized to hear and determine offences against this act, and may summon any person as a material witness, who may be committed to prison if refusing to attend, be sworn, or to affirm. (See ib. s. 9.)
PROTECTION OF JUSTICES.—“All the provisions of any law for the protection of Justices of the Peace, when acting as such, &c., in matters relating to summary convictions and orders, so far as they are not inconsistent, apply to every functionary mentioned, and every functionary is deemed a Justice of the Peace within the meaning of the law, whether a Justice or not for other purposes.” (16. s. 9.)
Costs.-“Whenever judgment is rendered for costs, there shall be included therein fees for such prospective services as are necessary to enforce such judgment.” (16. s. 10.)
WANT OF Form.—“No action or other proceeding, warrant, judgment, &c., shall be held void or fail for defect of form, but all Justices and other functionaries required to perform any duty under this act shall regard it as a remedial statute, and favorably construe its provisions so as to suppress the mischief mentioned in the preanıble." (See ib. s. 12.)
SPIRITUOUS LIQUORS-LAW RESPECTING PROHIBITION. The municipal council of every county, city, town, township or incorporated village has power to pass by-laws for prohibiting the sale of intoxicating liquors and the issue of licenses therefor. (27 & 28 Vic. c. 18, s. 1.)
No LIQUOR TO BE SOLD.—“From the day on which such by-law takes effect for other purposes as aforesaid, and for so long thereafter as the same continues in force, no person, unless it be for exclusively medicinal or sacramental purposes, or for bona fide use in some art, trade, or manufacture, or as hereinafter authorized by the third or by the fourth sub-section of this section, shall, within such county, city, town, township, parish, or incorporated village, by himself, his clerk, servant, or agent, expose or keep for sale, or directly or indirectly, on
any pretence or by any device, sell or barter, or in consideration of the purchase of any other property, give to any other person any spirituous or other intoxicating liquor, or any mixed liquor capable of being used as a beverage, and part of which is spirituous or otherwise intoxicating.” (16. s. 12.)
“And neither any license issued to any distiller or brewer; nor yet any license for retailing on board any steamboat or other vessel, brandy, rum, whiskey, or other spirituous liquors, wine, ale, beer, porter, cider, or other vinous or fermented liquors; nor yet any license for retailing on board any steamboat or other vessel, wine, ale, beer, porter, cider, or other vinous or fermented liquors, but not brandy, rum, whiskey, or other spirituous liquors; nor yet any other description of license whatever,-shall in anywise avail to render legal any act done in violation of this section.” (16. s. 12, sub. sec. 2.)
EXCEPT BY MANUFACTURERS.—“Provided always, that any licensed distiller or brewer, having his distillery or brewery within such county, city, town, township, parish, or incorporated village, may thereat expose and keep for sale such liquor as he shall have manufactured thereat, and no other; and may sell the same thereat, but only in quantities not less than five gallons at any one time, to be wholly removed and taken away therefrom in quantities not less than five gallons at a time; and provided also, that any such licensed brewer may sell bottled ale or porter of such manufacture in quantities not less than one dozen bottles of at least three half-pints each at any one time, to be wholly removed and taken away in quantities not less than one dozen such bottles at a time.” (Ib. sub. sec. 3.)
AND MERCHANTS.—“Provided, also, that any merchant or trader having his store or place for the sale of goods within such county, city, town, township, parish, or incorporated village, may thereat keep for sale and sell intoxicating liquor, but only in quantities not less than five gallons (or, in the case of bottled wine, ale, or porter, than one dozen bottles of at least three half-pints each) at any one time, to be wholly removed