§ 5.-Penalties for making use of Building without Certificate of

Authorization,

ing without

2986. No proprietor, tenant or possessor of a theatre, edi- Penalty for fice or hall, mentioned in article 2981, shall allow or permit using buildany public meeting in such theatre, edifice or hall, or give or certificate. permit to be given or held any public lecture or performance whatever, unless he holds the certificate required by article 2984, under a penalty of one hundred dollars, for each such meeting, lecture or performance so held, given or permitted. 10 V., c, 19, s. 6; 40 V., c. 20, s. 1.

fines.

2987. The fines imposed by this subsection shall be levied, Recovery of in the municipalities or cities within whose limits they may have been incurred, in the same manner and with the same effect, as those imposed for infractions of the by-laws of the council of such municipalities or cities respectively. 40 V., c. 19, s. 7.

without cer

2988. The Commissioner of Public Works may compel the Closing of proprietor, tenant or possessor of any theatre, edifice or meet- theatres, &c., ing hall, who is required to have the certificate prescribed by tificate. the preceding subsection, to shut up such theatre, edifice or hall, during the time he shall be without such certificate.

An order thus given may be executed, at any time, by the provincial or municipal police, either by preventing the public from entering the theatre, edifice or hall, or by causing the place to be cleared if a meeting is taking place. 40 V., c. 19. s. 8; 50 V., c. 7, s. 1.

SECTION II.

FIRES.

§ 1.-Inquiries in cases of Fire.

villages and

2989. Except in the cities of Montreal and Quebec, when- Coroner to ever any fire has occurred, whereby any house or other build- inquire into the origin of ing in any place within or without the limits of any city, fires in cities, town, or incorporated village in this Province, has been wholly towns and or in part consumed, the coroner within whose jurisdiction the in the place within or without such city, town, or village lies, shall country institute an inquiry into the cause or origin of such fire, and parts. whether it was kindled by design, or was the result of negligence or accident, and act according to the result of such inquiry. C. S. C., c. 88, s. 1; 23 V., c. 35, s. 1; 31 V., c. 32, s. 16.

2990. The coroner shall not, however, be bound to institute Such inqui y such inquiry, until it has first been made to appear to him that not to take place except there is reason to believe that the fire was the result of under cerculpable or negligent conduct or design, or occurred under tain circum

1-53

stances.

Witnesses to

be summoned.

Evidence to

be taken on oath.

Jury may be

such circumstances as in the interests of justice and for the due protection of property require an investigation. C. S. C.. c. 88, s. 3.

§ 2. Powers of Coroners for purposes of Inquiry.

2991. For the purposes of such investigation, such coroner shall summon and bring before him all persons whom he deems capable of giving information or evidence touching such fire. He shall examine such persons on oath, and shall reduce their examinations to writing, and return the same to the clerk of the peace for the district within which they have been taken. C. S. C., c. 88, s. 2.

2992. The coroner may, in his discretion, or in conformity impanelled in with the written requisition of any agent of an insurance certain cases. company, or of any three householders in the vicinity of any such fire, impanel a jury chosen from among the householders resident in the vicinity of the fire, to hear the evidence that may be adduced touching or concerning the same, and to render a verdict under oath thereupon in accordance with the facts. C. S. C., c. 88, s. 4.

Coroner may compel attendance of

2993. If any person, summoned to appear before any coroner acting under this section, neglect or refuse to appear witnesses, &c. at the time and place specified in the summons, or if any such person, appearing in obedience to any such summons, refuse to be examined or to answer any questions put to him in the course of his examination, the coroner may enforce the attendance of such person, or compel him to answer, as the case may require, by the same means as such coroner might use in like cases at ordinary inquests before him. C. S. C., c. 88, s. 5.

Punishment

attending,

&c.

2994. If any person, having been duly summoned as a of jurors not juror upon any such inquiry, do not, after being openly called three times, appear and serve as such juror, the coroner may impose upon the person so making default such fine as he thinks fit, not exceeding four dollars; and such coroner shall make out and sign a certificate containing the name, residence, trade or calling of such person together with the amount of the fine imposed, and the cause of such fine, and shall transmit the certificate to the clerk of the peace in the district in which such defaulter resides, on or before the first day of the sessions of the peace then next ensuing for such district, and shall cause a copy of such certificate to be served upon the person so fined, by leaving it at his residence, within a reasonable time after such inquest.

Fines how paid.

All fines and forfeitures, so certified by such coroner, shall be estreated, levied and applied in like manner, and subject to like powers, provisions and penalties in all respects, as if they had been parts of the fines imposed at such sessions. C. S. C,

c. 88, s. 6.

powers of coroner not

2995. Nothing contained in subsections one, two and three Certain of this section shall affect any power by law vested in any coroner for compelling any person to attend and act as a juror to be affected. or to appear and give evidence before him on any inquest or other proceeding, or for punishing any person for contempt of court in not so attending and acting, or appearing and giving evidence, or otherwise, but all such powers shall extend to and be exercised in respect of inquiries under the said subsections. C. S. C., c. 88, s. 7.

$3.-Coroners' Fees for Inquiries, &c.

2996. When any inquiry has been held by the coroner, Allowance to in conformity with subsections one and two of this section, coroners holding inwithin the limits of any city, town or incorporated village, the quiries in coroner holding the same shall be entitled, therefor, to the cities, &c., and how paid sum of ten dollars; and should the said inquiry extend beyond one day, then to ten dollars per diem for each of two days thereafter, and no more; and the official order of such coroner for the same, upon the treasurer of the city, town or village in which such inquiry has been held, shall be paid by the treasurer out of any funds he may then have in the treasury, upon the presentation of such order. C. S. C., c. 88, s. 9.

amount of

2997. When an investigation has been held in any place Proviso as to lying outside the limits of any city, town or incorporated vil- payment and lage, the allowance to the coroner shall be paid by the persons allowance to requiring such inquiry; and shall be five dollars for the first coroner for day, and four dollars for each of two days thereafter, should inquiries elsethe inquiry extend beyond one day, and no more. 23 V., c

35, s. 1.

§ 4.-Inquiries in cases of Fire in Quebec and Montreal.

where.

2998. There is, in each of the cities of Quebec and Mont- Fire commisreal, an officer known and designated as the fire commissioner sioners for Quebec and of Quebec or Montreal, as the case may be; but at Quebec, his Montreal. jurisdiction extends to the banlieue of the city of Quebec and to the town of Levis, wherein such commissioner may exercise his powers, in the same manner and to the same effect as in the city of Quebec. 31 V., c. 32, s. 1; 32 V., c. 29, s. 2; 39 V., c. 32, s. 1.

2999. The Lieutenant-Governor in Council appoints, from To be named time to time, a fit and proper person to fill the office of fire by Lieutencommissioner in each of the cities of Montreal and Quebec. 31 nor. V., c. 32, s. 2; 32 V., c. 29, s. 2.

ant-Gover

3000. Whenever any fire has occurred in such cities, Duties. whereby any house or other building, or any property whatever therein, has been or is exposed to be wholly or in part consumed or injured by such fire, it is the duty of the fire

Powers.

Summoning

commissioner, either in person or by some competent person employed by him for that purpose, to institute an inquiry into the cause or origin of such fire, and whether it was kindled by design or was the result of negligence or accident. 31 V., c. 32, s. 3.

§ 5. Powers of Commissioners at such Inquiries.

3001. The fire commissioner ex officio possesses all the power, authority and jurisdiction of any judge of the sessions, recorder or coroner for all purposes connected with the said inquiry.

He has power to summon before him all persons whom he of witnesses. deems capable of giving information or evidence touching or concerning such fire. 31 V., c. 32, s. 4.

May examine

on oath.

May issue warrant if party fail to attend,

Or if it be

probable he will not attend.

Imprison

ment for refusing to be

Sworn or to answer.

Arrest of per

3002. Such persons are examined under oath before the fire commissioner, who is hereby authorized to administer such oath, and he reduces their examination to writing. 31 V., c. 32, s. 5.

3003. If any person, summoned to appear before the fire commissioner, neglect or refuse to appear at the time and place specified in the summons, then, on proof of the service of such summons either personally or by leaving the same for him at his last or most usual place of abode, the fire commissioner may issue a warrant under his hand and seal to bring and to have such person at a time and place to be therein mentioned. 31 V., c. 32, s. 6.

3004. If the fire commissioner be satisfied, by evidence upon oath or affirmation, that it is probable that such person will not attend to give evidence without being compelled so to do, then instead of issuing a summons he may issue his warrant in the first instance. 31 V., c. 32, s. 7.

3005. If, on the appearance of a person so summoned before the fire commissioner either in obedience to such summons or being brought before him by virtue of a warrant, such person refuse to be examined upon oath or affirmation concerning the premises, or refuse to take such oath or affirmation, or, having taken such oath or affirmation, refuse to answer the questions concerning the premises then put to him, without giving any just excuse for such refusal, the fire commissioner may, by warrant under his hand and seal, commit the person so refusing to the common gaol of the district, there to remain and be imprisoned for any time not exceeding ten days, unless in the meantime he consents to be examined and to answer concerning the premises. 31 V., c 32, s. 8.

3006. The fire commissioner has power to arrest or cause sons suspect to be arrested any person or persons suspected of having set set fire. fire to any house, building or property, either before or pend

ed of having

ing the inquiry, and, should the evidence adduced before him be such as to afford reasonable grounds for believing that the fire was not accidental, and was kindled by design, he shall issue his warrant for the arrest of the offender or persons suspected, if known and not already in custody, and proceed with the examination and the committal of the accused for trial in the manner provided by chapter 174 of the Revised Statutes of Canada, in relation to persons charged with indictable offences. 31 V., c. 32, s. 9.

district.

3007. Any summons or warrant to secure the attendance How sumof witnesses, or warrant of arrest, may be served or executed mons and warrant may within the district of Montreal, and in any other district in be executed the Province of Quebec, or county or place in the Province of out of the Ontario; provided always, that where a warrant is to be executed out of the district of Montreal, or in the Province of Ontario, the same shall be backed by any justice of the peace within whose jurisdiction the same is to be executed, in the manner provided by the said chapter 174 of the Revised Statutes of Canada. 31 V., c. 32, s. 10.

certain

3008. The fire commissioner has all the authority and Commissionjurisdiction of a judge of sessions or recorder for the arrest er to have of all persons disturbing the peace at any such fire, or sus- powers of a pected of stealing any property whatever, at such fire, and to judge of sescause the offenders or persons so suspected to be brought before recorder. the judge of the sessions, recorder or any justice of the peace to be dealt with according to law. 31 V., c. 32, s. 11.

sions or

3009. The fire commissioner is entitled to command the He may deservices of one or more police officers or policemen of the city mand services of police. during such inquiries, and for the service of any summons or execution of warrants issued by him. 31 V., c. 32, s. 12.

ceedings with

3010. It is the duty of the fire commissioner to return all He shall dedepositions, examinations and proceedings had before him to posit his prothe clerk of the peace for the districts of Quebec and Montreal, the clerk of within eight days after the close of each inquiry. 31 V., c. 32, the peace. s. 13.

§ 6. Salary of Commissioner for the City of Montreal.

and fees, pay

3011. The fire commissioner for the city of Montreal, ap- Commissionpointed under this section, is entitled to an annual salary of er's salary one thousand six hundred dollars, to be divided equally be- able by Cotween the incumbents of the said office, so long as the said poration of Montreal office is held by more than one person, to be paid by the corporation of Montreal in quarterly payments; and in addition to the said salary the said fire commissioner is entitled to receive from the said corporation for every original subpoena twenty cents, and for each copy thereof, five cents, and for every warrant, warrant of arrest, or warrant of commitment, fifty cents.