be deemed an action, suit or information, within this subsection, unless it be so prosecuted. C. S. C., c. 100, s. 12. actions insti 2557. The court in which any action, suit or information Manner of is brought for the recovery of any penalty imposed by this proceeding in subsection, shall require from the plaintiff or informer, his de- tuted for the claration upon oath that such action, suit or information is recovery of brought without fraud, and not for the purpose of protecting penalties the defendant from any action which might be brought against him by reason of the same offence; and if such declaration be not made to the satisfaction of the court, the action, suit or information shall immediately be dismissed with costs. C. S. C., c. 100, s. 13. 2558. Every action, suit or information given by this sub- Limitation of section shall be commenced within the space of six months next actions. after the fact committed. C. S. C., c. 100, s. 15. to persons 2559. Nothing in this subsection contained respecting the Provisions property qualification and oath of justices of the peace shall not to extend extend to the members of the Legislative Council or Executive holding cerCouncil, or to the judges of any Superior Court, or to the tain offices. Attorney-General, or to any of Her Majesty's counsel learned in the law, or to any mayor or alderman of any municipal council. C. S. C,, c. 100, s. 16. 2560. No sheriff or coroner in the districts of Quebec Sheriffs and and Montreal can be a justice of the peace for the district coroners acting as such wherein he is sheriff or coroner, during the time that he disqualified exercises such office, under the penalties aforesaid; and every from acting act done by such sheriff or coroner, as a justice of the peace, the peace. as justices of during the time aforesaid, shall be absolutely void and of no effect. C. S. C., c. 100, s. 17. 2561. The fines and penalties incurred and payable to Her Fines and penalties to be Majesty, by virtue of this subsection, shall be paid into the paid to Prohands of the Provincial Treasurer, for the public uses of the vincial Province. C. S. C., c. 100, s. 19. Treasurer. II. POWERS AND DUTIES OF JUSTICES OF THE PEACE. the peace 2562. Whenever the Lieutenant-Governor in Council has, Powers, &c., by commission under the Great Seal, appointed qualified of justices of persons to be justices of the peace in and for any district in named by this Province, such persons have and may exercise all the Lieutenantpowers, authority, rights and privileges, and are subject to all Governor. the duties, obligations and responsibilities conferred or imposed by law upon justices of the peace. 31 V., c. 15, s. 1. 2563. All persons who, within this Province, were law- Justices of the fully justices of the peace at the time of the Federal Union of peace at the I'nion continued. Lieutenant Governor may revoke the Provinces, have since then continued to be, and still are, justices of the peace. 31 V., c. 15, s. 2. 2564. Any appointment of a justice of the peace, within this Province, made either before the Federal Union or by the the appoint- Lieutenant-Governor in Council since the Union, may, at any time, be revoked by the Lieutenant-Governor in Council. 31 V., c. 15, s. 3. ment of justices. § 2. Justices of the Peace in remote parts of the Province. Lieutenant 2565. The Lieutenant-Governor in Council may, from Governor time to time, appoint justices of the peace, whose jurisdiction may appoint justices of the shall extend outside the territorial limits assigned to any dispeace for re-trict or county, and over such remote parts of the Province, the Province, although comprised within the limits of a district, as the Lieutenant-Governor may by proclamation define and declare C. S. C., c. 101, s. 1. mote parts of &c. Powers and duties. Property 2566. Such justices of the peace shall have and exercise all the powers and be subject in all respects to the duties of other justices of the peace in virtue of the law; but it shall qualification not be necessary for any of them to be resident within or to not required, &c. possess any property qualification whatever in that part of the Province for which he may be appointed, or over which his jurisdiction may extend. C. S. C., c. 101, ss. 1 and 2. Certain offi- 2567. Whenever any vessel belonging to Her Majesty's cers of Her navy is in the Gulf or River St. Lawrence, every officer attachMajesty's ships in Gulf ed or belonging to such vessel, and holding the commission of and River St vice-admiral, post-captain, captain or commander in Her be justices of Majesty's navy, and any lieutenant in such navy, having the the peace ex- command of any such vessel, shall be ex-officio a justice of the Lawrence to officio. Commitments peace for the districts of Gaspé, Saguenay and Rimouski, while such vessel remains within the limits of the Province, and shall have all the powers and authority conferred on any justice of the peace named under the preceding article, and shall enjoy the exemptions made by the said article as to residence and property qualification, and it shall not be necessary for them to take any oaths of office. 28 V., c. 11, s. 1. 2568. Whenever, in the exercise of the powers and au by such justi- thority conferred by the two preceding articles, any justice of the nearest the peace, authorized to act in such capacity, causes any percommon gaol. son to be committed to gaol, such justice may cause such ces to be to person to be committed to the common gaol nearest to the place where such order was given, and the keeper of such common gaol shall receive such person, and him safely keep and detain in such common gaol under his custody, until discharged in due course of law, or bailed. C. S. C., c. 101, s. 3. pro committed to tain persons to convey 2569. Whenever it is impracticable for any such justice of Power to dethe peace to cause any person to be conveyed to the nearest liver persons common gaol, he may deliver the person so committed, into gaol to cerhe custody of the master or commander of any vessel ceeding to the chef-lieu of the district in which such nearest them to sn gaol is situate, or to the city of Quebec; and such master or gaol. commander of a vessel is hereby authorized to receive into his custody such person, and on his arrival at such chef-lieu or at the city of Quebec, to deliver him to the custody of the sheriff of the district in which the gaol to which he was committed is situate, or of the district of Quebec, as the case may be. 2728 V., c. 20, s. 2. whom per 2570. In the latter case the sheriff of the district of Que- Powers of bec shall, with all convenient despatch, cause such prisoner to persons to be conveyed to the common gaol to which he was committed; sons are so and the master or commander of such vessel or any person delivered. appointed to convey such prisoner has, until the prisoner is delivered to the keeper of such gaol or to the sheriff of the district in which it is situate, in all teritorial divisions of this Province through which it may be necessary to convey such person, the same authority and power as any sheriff would have while lawfully conveying a prisoner from one part to another of his own district, and may command the assistance of any persons in preventing his escape, or in retaking him in case of an escape. 27-28 V., c. 20, s. 2. be held to 2571. The offence, for which any person is committed to Where the the nearest common gaol in the cases above mentioned, shall offence shall always be held to have taken place in the district to the com- have been mon gaol of which he is so committed. 27-28 V., c. 20, s. 3. committed. §3.-Justices of the Peace with extended jurisdiction. 2572. The Lieutenant-Governor in Council may, by special Appointment commission, appoint one or more justices of the peace, whose of justices of the peace with jurisdiction shall extend over the whole Province, or over such extended districts as may be named in such commission. 33 V., c. 12, s. 1. jurisdiction. 2573. It shall not be necessary that such justices of the Residence peace reside or possess real estate in this Province. 33 V., c. and qualifi12, s 1. cation. 2574. Every justice of the peace appointed under article Powers of 2572 shall be invested with all the rights and powers of one such justices or of more justices of the peace, and shall be subject to the laws respecting the duties of justices of the peace, in so far as they are applicable to him. 33 V., c. 12, s. 2. Contents and viction under by-laws. § 4.-Summary Convictions under municipal by-laws. 2575. It is not necessary in any conviction made under form of con- any by-law of any municipal corporation in the Province to set out the information, appearance or non-appearance of the defendant, or the evidence or by-law under which the conviction is made; but all such convictions may be in the form given in the following schedule. 27-28 V., c. 47, s. 1. A. B., is convicted before the undersigned, one of Her A.D., passed on the and intituled: (reciting the title of by-law) and I adjudge the said A. B., for his said offence, to forfeit and pay the sum of to be paid and applied according to law, and also to pay to C. D, the complainant, the sum of for his costs in this behalf. And if the said several sums be not paid forthwith, (or on or before the day of A.D., Given under my hand and seal, the day and year first above written, at in the said district. [L. S.] 27-28 V., c. 47, Schedule. J M., J. P. Witnesses to be compellable to attend. 2576. In prosecuting under any municipal by-law, or for the breach of any by-law, witnesses may, by process and in the same manner as in summary proceedings before justices of the peace, be compelled to attend and give evidence. 27-28 V., c. 47, s. 2. 2577. Every justice of the peace for a district shall have Jurisdiction jurisdiction in all cases arising under the by-laws of every of justices. municipality in such district. 27-28 V., c. 47, s. 3. § 5.—Registers to be kept by Justices of the Feace 2578. Every justice of the peace in this Province keep, in a register to be by him provided for the purpose, and faithful minutes or memorandums at length of conviction at any time by him made pursuant to law. L. C., c. 99, s. 1. shall Justices to keep registers of con true every victions. C. S. 2579. In all cases which are cognizable by any two or Where two more justices of the peace, the minutes or memorandums of justices present, register convictions by this subsection required shall be kept by the to be kept by senior justice of the peace, and be subscribed by the junior the senior and justice of the peace present during the proceedings which junior. have been had. C. S. L. C., c. 99, s. 2 § 1. signed by the Montreal and 2580. In the cities of Quebec, Montreal and Three Rivers, In Quebec, the registers, which by this subsection are directed to be kept, Three Rivers, shall be kept by the clerks of the peace, who shall account for registers to the fines imposed according to law by the justices of the be kept by peace in the said cities respectively. C. S. L. C., c. 99, s. 2 § 2. clerks of the peace. registers. 2581. All costs allowed in each case shall also be specified What shall be in such register, as well as the day when execution was issued specified in to levy such costs and condemnation, and the day when the fine was paid into the hands of the clerk pursuant to such condemnation; and the amount of the fine and costs shall be distinctly specified in every writ of execution issued in any such case. C. S. L. C., c. 99, s. 3. turns of pro 2582. Each justice of the peace shall make a quarterly re- Quarterly return of every prosecution for any offence of a public nature, secutions to or for the recovery of any penalty imposed for any such be made by offence, which has been brought before him, (whether sitting justices. alone or with any other justice or justices of the peace), at any other place than the court house of any district; and To be sent to such return shall be sent to the clerk of the peace for the dis- clerk of the trict not more than ten or less than five days before the holding of each court of general sessions of the peace, (or if no such court be held in the district, then before the holding of the Court of Queen's Bench,) and shall be filed of record by such clerk, and laid before the judge or justices at such court. peace. Contents of Such return shall extend from the date of the then last return. return to that of the return itself, and shall show : |