Page images
PDF
EPUB

respect to which a violation of the provisions of the thirteenth section of this Act has been committed or is intended to be committed is, within the limits specified in any proclamation by which this Act has been proclaimed to be in force, on board of any steam-boat, vessel, boat, canoe, raft or other craft, or in or about any building or premises, or in any carriage, vehicle or other conveyance, or at any place, the commissioner or justice of the peace shall issue a search-warrant to any sheriff, police officer, constable or bailiff who shall forthwith proceed to search the steamboat, vessel, boat, canoe, raft, other craft, building, premises, carriage, vehicle, conveyance or place deSeized liquor scribed in such search-warrant; and if any intoxicating liquor to be securely is found therein or thereon the person executing such searchwarrant shall seize the intoxicating liquor and the barrels, casks, jars, bottles or other packages in which it is contained and shall keep it and them secure until final action is had thereon:

kept.

Proviso:

where there

bar.

2. No dwelling house in which, or in part of which, or on is no shop or the premises whereof, a shop or bar is not kept, shall be searched, unless the said informant also makes oath or affirmation that some offence in violation of the provisions of the thirteenth section of this Act has been committed therein or therefrom within one month next preceding the time of making his said information for a search-warrant :

Owner to be summoned.

Liquor forfeited and to

3. The owner, keeper or person in possession of the intoxicating liquor so seized, if he is known to the officer seizing the same, shall be summoned forthwith by the commissioner or justice of the peace who issued the search-warrant to appear before such commissioner or justice of the peace; and if he fails so to appear, or if it appears to the satisfaction of such commissioner or justice of the peace that a violation of the provisions of the thirteenth section of this Act has been committed or is intended to be committed, with respect to such intoxicabe destroyed. ting liquor, it shall be declared forfeited, with any package in which it is contained, and shall be destroyed by authority of the written order to that effect of such commissioner or justice, and in his presence or in the presence of some person appointed Attestation of by him to witness the destruction thereof; and the commissioner or justice, or the person so appointed by him, and the officer by whom the said intoxicating liquor has been destroyed, shall jointly attest, in writing upon the back of the said order, the fact that it has been destroyed:

destruction.

Owner, keep

in possession

may be convicted at

4. The owner, keeper, or person in possession of any intoxier or persons cating liquor seized and forfeited under the provisions of this section may be convicted of an offence against the thirteenth section of this Act without any further information laid or trial had, and shall be liable to the penalties mentioned in the fourteenth section of this Act. 48-49 V., c. 80, s. 3, part.

once.

If owner is unknown.

17. If the owner, keeper or possessor of intoxicating liquor seized under the next preceding section is unknown to the

officer seizing the same, it shall not be condemned and de-
stroyed until the fact of such seizure, with the number and
description of the packages, as near as may be, has been adver- Seizure to be
tised, for two weeks, by posting up a written or a printed before liquor
notice and description thereof, in at least three public places is destroyed.
of the place where it was seized:

advertised

may be

owner.

2. If it is proved within such two weeks, to the satisfaction When liquor of the commissioner or justice by whose authority such intoxi- delivered to cating liquor was seized, that with respect to such intoxicating liquor no violation of the provisions of the thirteenth section of this Act has been committed or is intended to be committed, it shall not be destroyed, but shall be delivered to the owner, who shall give his receipt therefor in writing upon the back of the search-warrant, which shall be returned to the commissioner or justice who issued the same; but if, after such adver- Forfeiture tisement as aforesaid, it appears to such commissioner or and destrucjustice that a violation of the provisions of the thirteenth sec- cases. tion of this Act has been committed or is intended to be committed, then such intoxicating liquor, with any package in which it is contained, shall be forfeited and destroyed, according to the provisions of the next preceding section. 48-49 V., c. 80, s. 3, part.

tion given for

contrary to

18. Any payment or compensation, whether in money or Money paid securities for money, labour or property of any kind, for intoxi- or consideracating liquor sold, bartered, exchanged, supplied or disposed of, liquor sold contrary to the provisions of the thirteenth section of this Act, Act, may be shall be held to have been criminally received without consi- recovered. deration and against law, equity and good conscience, and the amount or value thereof may be recovered from the receiver by the person making, paying or furnishing such payment or compensation; and all sales, transfers, conveyances, liens and securities of every kind, which, either in whole or in part have been made or given for or on account of intoxicating liquor sold, bartered, exchanged, supplied or disposed of contrary to the provisions of the thirteenth section of this Act, shall be void against all persons, and no right shall be acquired thereby ; and no action of any kind shall be maintained, either in whole No action to or in part, for or on account of intoxicating liquor sold, bar- lie for or on tered, exchanged, supplied or disposed of, contrary to the pro- such liquor. visions of the said section. 48-49 V., c. 80, s. 3, part.

account of

nor of person

19. In any prosecution under this Act for any offence with Evidence of respect to intoxicating liquor, it shall not be necessary that any precise des witness should depose directly to the precise description of the liquor not liquor with respect to which the offence has been committed, necessary, or to the precise consideration therefor, or to the fact of the al knowlege offence having been committed with his participation or to his of sale, &c. own personal and certain knowledge; but the commissioner or justice of the peace trying the case, so soon as it appears to him that the circumstances in evidence sufficiently establish

[ocr errors]

Procedure and powers of the commissioner or justice.

Certain Acts to apply.

the offence complained of, shall put the defendant on his defence, and in default of such evidence being rebutted, shall convict the defendant accordingly. 48-49 V., c. 80, s. 4.

GENERAL PROVISIONS.

20. Any commissioner or justice of the peace may hear and determine, in a summary manner, any case arising within his jurisdiction under this Act; and every person making complaint against any other person for violating this Act, or any provision thereof, before such commissioner or justice, may be admitted as a witness; and the commissioner or justice of the place before whom the examination or trial is had, may, if he thinks there was probable cause for the prosecution, order that the defendant shall not recover costs, although the prosecution fails. 32-33 V., c. 24, s. 17.

21. All the provisions of every law respecting the duties of justices of the peace in relation to summary convictions and orders, and to appeals from such convictions, and for the protection of justices of the peace when acting as such, or to facilitate proceedings by or before them in matters relating to summary convictions and orders, shall, in so far as they are not inconsistent with this Act, apply to every commissioner or justice of the peace mentioned in this Act or empowered to Commissioner try offenders against this Act; and every such commissioner

to be deemed a justice.

Defendant

and his con

sort compe

shall be deemed a justice of the peace within the meaning of any such law, whether he is or is not a justice of the peace for other purposes. 32-33 V., c. 24, s. 18.

22. On the trial of any proceeding, matter or question under this Act, the person opposing or defending, and the wife tent witnesses. or husband of such person, shall be competent to give evidence. 48-49 V., c. 80, s. 5.

Defect of form

not to invali

23. No action or other proceeding, warrant, judgment, date proceed order or other instrument or writing, authorized by this Act or necessary to carry out its provisions, shall be held void or be allowed to fail for defect of form. 32-33 V., c. 24, s. 20.

ings.

Limitation of time for actions

sons acting

under this Aet, &c.

24. Every action brought against any commissioner or justice of the peace, constable, peace officer or other person, for against per anything done in pursuance of this Act, shall be commenced within six months next after the alleged cause of action arises; and the venue shall be laid or the action instituted in the district or county or place where the cause of action arose ; and the defendant may plead the general issue and give this Act and the special matter in evidence; and if such action is brought after the time limited, or the venue is laid or the action brought in any other district, county or place than as above prescribed, the judgment or verdict shall be given for

the defendant; and in such case, or if the judgment or verdict is given for the defendant on the merits, or if the plaintiff becomes non-suited or discontinues after appearance is entered, or has judgment rendered against him on demurrer, the defendant shall be entitled to recover double costs. 32-33 V., c. 24, s. 19.

OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most Excellent Majesty.

A. D. 1886.

Justice of the peace may disarm persons attending a meeting.

Punishment

of person refusing to sur

render weap

ons.

CHAPTER 152.

An Act respecting the Preservation of Peace at Public
Meetings.

HER Majesty, by and with the advice and consent of the

Senate and House of Commons of Canada, enacts as follows:

1. Any justice of the peace within whose jurisdiction any public meeting is appointed to be held, may demand, have and take of and from any person attending such meeting, or on his way to attend the same, any offensive weapon, such as firearms, swords, staves, bludgeons, or the like, with which any such person is so armed, or which any such person has in his possession; and every such person who, upon such demand, declines or refuses to deliver up, peaceably and quietly, to such justice of the peace, any such offensive weapon as aforesaid, is guilty of a misdemeanour, and such justice may thereupon record the refusal of such person to deliver up such weapon, and adjudge him to pay a penalty not exceeding eight dollars,which penalty shall be levied in like manner as penalties are levied under the "Act respecting summary proceedings before Justices of the Peace," or such person may be proceeded against by indictment or information, as in other cases of misdemeanour; but such conviction shall not interfere with the power of such not to prevent justice, or any other justice of the peace, to take such weapon, or cause the same to be taken from such person, without his consent and against his will, by such force as is necessary for that purpose. C. S. C., c. 82, s. 15.

Conviction

disarming.

weapons.

Restitution of 2. Upon reasonable request to any justice of the peace, to whom any such weapon has been peaceably and quietly delivered as aforesaid, made on the day next after the meeting has finally dispersed, and not before, such weapon shall, if of the value of one dollar or upwards, be returned by such justice of the peace to the person from whom the same was received. C. S. C., c. 82, s. 16.

No liability in case of ac

3. No such justice of the peace shall be held liable to return cidental loss, any such weapon, or make good the value thereof, if the same, by unavoidable accident, has been actually destroyed or lost out of the possession of such justice without his wilful default. C. S. C., c. 82, s. 17.

« PreviousContinue »