persons, or to companies, on the conditions and in the manner determined upon by the Lieutenant-Governor in Council, in both cases, in conformity with the provisions of this section. 41 V., c. 3, s. 182.

1017. The rates, which may be demanded and received for Rates. the storage of powder in such magazines, are fixed by the Lieutenant-Governor in Council. 41 V., c. 3, s. 183.

magazines.

1018. The Lieutenant-Governor in Council may, on such Subsidies terms and conditions as he deems fit, authorize the Provincial authorized for assisting in Treasurer to pay a subsidy to one or more persons, to assist in the constructhe construction of any powder magazine, near to but outside tion of certain the radius of five miles of the cities of Quebec and Montreal, powder erected under the provisions of this section, provided that such subsidy shall not exceed the amount of one-third of the Conditions. price of the powder magazine, and that the plans, specifications, demand of tenders and the contract for such building, shall have been previously approved of by the Commissioner of Public Works. 41 V., c. 3, s. 184; 50 V., c. 7, s. 12.

works or in

1019. The Lieutenant-Governor in Council may, from time Storage of to time, but on the conditions and under the regulations he more than certain quandeems fit, permit the storage of powder in quantities exceeding tity near cerone hundred pounds, in the vicinity of public works, railways, tain public canals, or other similar works of a public nature, or, generally country parts. speaking, in the country parts, and exempt such storage, in the case of each of such works, from the operations of the provisions or of any one of the provisions of this section. 41 V., c. 3, s. 185.

1020. The Lieutenant-Governor in Council may, on such Gunpowder, conditions and under such regulations as he deems fit, permit stored near &c., may be the storage of gunpowder and other explosives in the vicinity quarries of any quarries being worked in the Province of Quebec, al- under certain though the same may be in proximity to cities or towns. V., c. 9, s. 1.

XI. PENALTIES RELATIVE TO CIRCUSES AND MENAGERIES.

48

conditions.

1021. No person, but one holding a license to that effect, Penalty for shall open or exhibit a circus or menagerie, under penalty of a exhibiting a fine of one hundred dollars, for each performance, representa- without tion or exhibition. 41 V., c. 3, s. 186.

circus, &c.,

license.

exhibit

1022. Every person, opening or exhibiting a circus or Penalty for menagerie, shall show his license to the collector of provincial refusing to revenue, or to one of his deputies, or to any person authorized, license. to that effect by the collector of provincial revenue on a simple demand, verbal or written, on his part, and, in default of so doing, such person is held to have no license, and is punishable accordingly. 41 V., c. 3, s. 187; 46 V., c. 6, s. 1.

Recovery of penalty.

Collector of provincial revenue shall

personally or by another

search for infringements. Annual visit of certain places.

Admission re

dered.

1023. The collector of provincial revenue or one of his deputies, or any other person, authorized to that effect, by the collector of provincial revenue may, on a warrant obtained, on satisfactory proof by affidavit, and signed by a judge of the Superior Court or district magistrate, or a justice of the peace, seize the animals, goods, and effects forming part of a circus or menagerie, for the opening or exhibition of which no license shall have been taken, or for which there has been a refusal to show the required license; and may, without any other preliminary judgment or formality, sell and adjudge, at public auction, the animals, goods and effects so seized for the amount of the fine incurred, and costs of the sale. 41 V., c. 3, s. 188; 46 V., c. 6, s. 1.

$ 25.-Inquiry into infractions and the particular duties of Collectors of Provincial Revenue relative thereto.

1024. Each collector of provincial revenue personally, or by his deputy or any other person by him appointed to that effect, shall, within the limits of his district, make a careful search for infringements of this section, and, to this effect, he shall visit at least once a year:

1. Every powder magazine, and every place where powder is kept for sale or on storage;

2. Every shop, or place of business of a pawnbroker and auctioneer;

3. Every saloon or public or private place, where any billiard table, pigeon-hole board, mississippi board, or bagatelle board, is kept or supposed to be kept for gain;

4. Every steamboat or vessel on board of which are sold intoxicating liquors;

5. Every inn, restaurant and temperance hotel, railway buffet and liquor shop. 41 V., c. 3, s, 189; 46 V., c. 6, s. 1.

1025. Every master of a house, steamboat or vessel, of fused or hin- which the visit and inspection are hereinabove authorized, refusing admission to such collector of provincial revenue, his deputy, or other person authorized by him or a justice of Other person the peace anywhere, and any other person hindering the visit authorized to and inspection in question, or molesting a policeman in the execution of his duty, relative to these objects, becomes liable to a fine, not exceeding fifty dollars and not less than eight dollars, for each contravention. 41 V., c. 3, s. 190; 43-44 V., c. 11, s. 36; 46 V., c. 6, s. 1.

visit.

In what case

of collector

1026. It is the duty of the collector of provincial reveit is the duty nue to prosecute contraventions of this section, whenever he is requested so to do by a municipal corporation and such corporation has assumed the responsibility for the costs to be incurred.

to sue.

councils with

contraven

1. In any municipality where a prohibitory by-law is in force, Duties of or where the council thereof prohibits the confirmation of cer- municipal tificates to obtain licenses for the sale of intoxicating liquors, respect to it shall be the duty of the council of such municipality to pro-coin cersecute all offences against this section, in which case the tain cases. municipality shall be responsible for all costs, and shall receive the whole fines collected for contraventions thereof.

refuse.

3. In case, however, such council refuse to prosecute for in- Proviso, if fractions of the said section, when notified thereof, it shall be council lawful for the collector of provincial revenue to prosecute the offenders, at the cost of the municipality.

case.

All fines collected in such cases, at the suit of the collector Application of provincial revenue, shall be distributed, one quarter to the of fine in suck municipality, one quarter to the collecter of provincial revenue, one quarter to the informer, and the remainder to the consolidated revenue fund of the Province. 41 V., c. 3, s. 191 ; 43-44 V., c. 11, s. 37; 44-45 V., c. 4, s. 6; 46 V., c. 6, s. 1.

1027. It is the duty of the collector of provincial revenue to Duty of colinstitute such prosecutions wherever he has reason to believe lector of prothat a contravention of the law has been committed and that such prosecutions can be maintained. 50 V., c. 3, s. 14.

vincial reve

nue to prose

cute.

1028. Whenever the collector of provincial revenue is called Deposit for upon to institute a prosecution, he may, if he has reason to be- costs may be required. lieve that the prosecution cannot be maintained, exact from the person asking for the institution of such prosecution the deposit of a reasonable amount to cover costs. 50 V., c. 3, s. 15.

§ 26.-Prosecutions.

I. GENERAL PROVISIONS.

1029. The fines and penalties, imposed by this section or Recovery of by the regulations made under its authority, and the duties penalties. and fees exigible under the same, shall be recovered in the manner and before the courts hereinafter indicated. 41 V., c. 3, s. 194.

1030. Every prosecution shall be brought in the judicial Judicial disdistrict where the contravention has been committed, or in that trict in which where the contravening person resides. prosecution is taken.

If the contravention has been committed on board a steam- If offence on boat or other vessel, the prosecution may be instituted in any board of a judicial district whatsoever of the Province, and,

steamer ;

two districts.

If the contravention have taken place on the borders of two If offence on adjacent districts where it is difficult to determine in which of borders of said districts the offence was committed, the prosecution may be instituted in either of said districts. 41 V., c. 3, s. 195.

Before what court suits are to be brought.

Service.

By whom made; copy to be left, by whom signed.

Under what oath.

Service before

eertain

courts.

Procedure

mary.

1031. All actions or prosecutions, when the amount claimed does not exceed two hundred dollars, may, at the option of the prosecutor, be brought before the Circuit Court, but without any right of evocation therefrom to the Superior Court, or before two justices of the peace in the judicial district, or before the judge of the sessions of the peace, or before the recorder's court or the recorder, or before the police magistrate, the district magistrate or any other officer having the powers of two justices of the peace; but, if the amount claimed exceeds two hundred dollars, such actions or prosecutions shall be brought before the Superior Court. 50 V., c. 3, s. 16.

1032. In the Circuit Court and Superior Court, the service of the summons and of the other proceedings in these prosecutions and actions is made in the manner provided for suits between lessors and lessees. 41 V., c. 3, s. 197; 43-44 V., c. 11, s. 39.

1033. Except as regards actions brought in the Superior Court or Circuit Court, service of the summons is made by any bailiff or constable, appointed for the judicial district where the prosecution is instituted, by leaving a copy, certified by the magistrate, judge, or functionary or the advocate of the prosecutor, who has signed the original, with the defendant personally, or a grown and reasonable person of his family at his domicile or place of business. 41 V., c. 3, s. 198; 49-50 V., c. 34, s. 1.

1034. The service by a bailiff shall be certified under his oath of office, and that made by a constable shall be proved by means of a return, sworn to before a justice of the peace, in the judicial district, or before the court.

Before the other courts, the services of proceedings and convictions are made in the same manner as the service of the summons. 41 V., c. 3, s. 199.

1035. In all prosecutions under the authority of this secshall be sum- tion, before the Circuit Court and the Superior Court, the procedure shall be summary, and be the same, mutatis mutandis, as that prescribed in articles 887 to 899 of the Code of Civil Procedure. 41 V., c. 3, s. 200; 51-52 V., c. 26.

Certain pro

R. S. C., c.

1036. In all prosecutions instituted before two justices of visions of the peace, a judge of the sessions of the peace, a recorder's 178 and R.S.Q. court, a recorder, police or district magistrate or other officer arts. 2713 to having the powers of two justices of the peace, the provisions 2720 to apply of chapter 178 of the Revised Statutes of Canada concerning summary proceedings before justices of the peace and the provisions of articles 2713 to 2720 of these Revised Statutes apply. 41 V., c. 3, s. 201; 50 V., c. 3, s. 16.

II. IN WHOSE NAME PROSECUTIONS ARE INSTITUTED AND PROCEDURE

THEREON.

1037. Actions or prosecutions for contraventions of this In whose name the prosection are brought in the name of the collector of provincial secution shall revenue for the district in which the offence has been com- be brought. mitted, or in the name of the municipality of the city, town, or other local municipality, where such offence has been committed, or by an informant. 41 V., c. 3, s. 202; 46 V., c. 6, s. 1.

tuted by cor

may become

1038. But such prosecutions, instituted by a municipal In what case corporation or an informant, and the judgment rendered on the suit insti such prosecution, become of no effect, if a prosecution be poration or brought by the collector of provincial revenue, and cannot be informant pleaded thereto, unless the amount sued for, by such cor- of no effect. poration or informant, has been paid as required by law, or the defendant has undergone the imprisonment, to which he has been condemned in default of payment. 41 V., c. 3, s. 203; 46 V., c. 6, s. 1.

1039. It is not necessary to allege, in a prosecution in- Allegations stituted under the authority of this section, in the declaration, not required. information, complaint or summons, negative facts, or any facts which devolve upon the defendant to prove. 41 V., c. 3,

s. 204.

of several offences.

1040. Several cases of contravention, committed by the Cumulation same person, may be cumulated in one and the same declaration, information, complaint or summons, provided that such declaration, information, complaint or summons contain specifically a statement of the time and place of each contravention; and, in such case, the forms indicated by this section shall be modified, mutatis mutandis; but no further additional fees shall be allowed to the advocates, than if there had been only one offence. 41 V., c. 3, s. 205; 43-44 V., c. 11, s. 40; 49-50 V., c. 34, s. 1.

1041. If the prosecution be brought before a court, other Restriction. than the Circuit Court or the Superior Court, the amount

of the fine and penalty shall not exceed, in the same prosecution, one hundred dollars, notwithstanding the number of offences. 41 V., c. 3, s. 206.

out costs.

1042. Before every court, except the Superior Court Amendment and Circuit Court where the ordinary rules of procedure in allowed withreference to amendments prevail, any declaration, information, complaint or summons may, on application of the prosecutor to that effect, be amended in substance or in form, without costs.

Upon such amendment, the defendant may obtain a further Delay. delay, in which to make his defence and proof. 41 V., c. 3, s.

207.