RETURN of Convictions made by me (or us, as the case may be) in

Return of subsequent receipts, &c.

Penalty on

A. B., Convicting Justice,

or

A. B. and C. D., Convicting Justices, (as the case may be.)

77. And any Justice or Justices to whom any such moneys may be afterwards paid, shall make a Return of the receipts and application thereof, to the next General or Quarter Sessions of the Peace, or other Court as aforesaid, which return shall be filed by the Clerk of the Peace, with the records of his office.

78. In case the Justice or Justices, before whom any such conJustices of the viction takes place or who receives any such moneys, neglect or Peace neglecting to comply refuse to make such return thereof, or in case any such Justice or with the pro- Justices wilfully make a false, partial or incorrect return, or wilfully

visions of this Act as to returns, &c.

Actions for

receive a larger amount of fees than by law they are authorized to receive, such Justice or Justices, so neglecting, or refusing, or wilfully making such false, partial or incorrect return, or wilfully receiving a larger amount of fees as aforesaid, shall forfeit and pay the sum of eighty dollars, together with full costs of suit, to be recovered by any person suing for the same by action of debt or information in any Court of Record in the Province in which such Return ought to have been or is made, one moiety whereof shall be paid to the party suing, and the other moiety into the hands of Her Majesty's Receiver General to and for the public uses of the Dominion.

79. All prosecutions for penalties arising under the provisions such penalties of the next preceding section shall be commenced within six months after months next after the cause of action accrues, and the same shall

limited to six

cause.

be

be tried in the District, County or place wherein such penalties have been incurred, and if a verdict or judgment passes for the defendant, or the plaintiff becomes non-suit, or discontinues the action after issue joined, or if upon demurrer, or otherwise, judg ment be given against the plaintiff, the defendant shall recover his full costs of suit, as between Attorney and Client, and shall have the like remedy for the same, as any defendant hath by law in other cases.

publish and

made.

SO. The Clerk of the Peace of the District or County in which Clerk of the any such returns are made or the proper officer, other than the Peace, &c., to Clerk of the Peace to whom such returns are made shall, within post up the seven days after the adjournment of the next ensuing General or returns so Quarter Sessions, or of the term or sitting of such other Court as aforesaid, cause the said returns to be published in one public newspaper, in the District or County, or if there be no such newspaper, then in a newspaper of an adjoining District or County, and shall also fix up in the Court House of the District or County and also in a conspicuous place in the Office of such Clerk of the Peace, for public inspection, a Schedule of the returns so made by such Justices; and the same shall continue to be so fixed up, and exhibited until the end of the next ensuing General or Quarter Sessions of the Peace or of the term or sitting of such other Court as aforesaid, and for every Schedule so made and exhibited by the said Clerk of the Peace, he shall be allowed the expense of publication, and such fee as may be fixed by competent authority.

sent to Minis

1. The Clerk of the Peace or other officer as last aforesaid of Copy of reeach District or County, within twenty days after the end of each turns to be General or Quarter Sessions of the Peace, or the sitting of such ter of Finance. Court as aforesaid, shall transmit to the Minister of Finance a true copy of all such returns made within his District or County.

prosecution of

a

82. Nothing in the six next preceding sections shall have the Not to prevent effect of preventing any person aggrieved, from prosecuting by Justice in indictment, a Justice of the Peace, for any offence, the commission default. of which would subject him to indictment at the time of the coming into force of this Act.

of the amount

3. In all cases where a Warrant of Distress has issued against In case of tonany person, and such person pays or tenders to the Constable der or payment having the execution of the same, the sum or sums in the warrant of distress. mentioned, together with the amount of the expenses of the distress up to the time of payment or tender, the Constable shall cease to execute the same.

84. In all cases in which any person is imprisoned for non- Payment may payment of any penalty or other sum, he may pay or cause to be made to the keeper of the be paid to the keeper of the prison in which he is imprisoned, the prison. sum in the Warrant of Commitment mentioned, together with the amount of the costs, charges and expenses (if any) therein also mentioned

In what cases one Justice may act.

After hearing, &c.

Proceedings after judg

ment.

In case two Justices are required.

Amount to be

paid to party aggrieved imited.

Party aggriov

ed and certain others may bo witnesses.

Certain magis

trates to have

mentioned, and the keeper shall receive the same, and shall thereupon discharge the person, if he be in his custody for no other

matter.

S. In all cases of summary proceedings before a Justice or Justices of the Peace out of Sessions, upon any information or complaint, one Justice may receive the information or complaint, and grant a summons or warrant thereon, and issue his summons or warrant to compel the attendance of any witnesses for either party, and do all other acts and matters necessary, preliminary to the hearing, even in cases where by the statute in that behalf the information or complaint must be heard and determined by two or more Justices.

86. After a case has been heard and determined, one Justice may issue all warrants of distress or commitment thereon.

$7. It shall not be necessary that the Justice who acts before or after the hearing, be the Justice or one of the Justices by whom the case is or was heard and determined.

83. In all cases where by any Act or Law it is required that an information or complaint shall be heard and determined by two or more Justices, or that a conviction or order shall be made by two or more Justices, such Justices must be present and acting together during the whole of the hearing and determination of the

case.

89. When several persons join in the commission of the same offence and upon conviction thereof, each is adjudged to forfeit a sum equivalent to the value of the property, or to the amount of the injury done, no further sum shall be paid to the party aggrieved than the amount forfeited by one of such offenders only, and the corresponding sum, forfeited by the other offender, shall be applied in the same manner as other penalties imposed by a Justice or Justices of the Peace are directed to be applied.

90. The evidence of the party aggrieved and also the evidence of any inhabitant of the District, County or place in which any offence has been committed, shall be admitted in proof of the offence notwithstanding that any forfeiture or penalty incurred by the offence, may be payable to any public fund of such District, County or place.

91. Any one Judge of Sessions of the Peace, Recorder, the powers of Police Magistrate, District Magistrate, or Stipendiary Magistrate, two Justices. appointed for any District, County, City, Borough, Town, or Place and sitting at a Police Court or other place appointed in that behalf, shall have full power to do alone whatever is authorized by this Act to be done by two or more Justices of the Peace; and the several forms hereinafter contained may be varied so far as it may be necessary to render them applicable to Police Courts, or

to

to the Court or other place of sitting of such functionary as afore

said.

&c.

92. Any Judge of Sessions of the Peace, Police Magistrate, Power to preDistrict Magistrate or Stipendiary Magistrate, sitting at any Police serve order, Court or other place appointed in that behalf, shall have such and like powers and authority to preserve order in the said Courts during the holding thereof, and by the like ways and means as now by law are or may be exercised and used in like cases and for the like purposes by any Courts of Law in Canada, or by the Judges thereof respectively, during the sittings thereof.

ish resistance

process, &c.

93. Any Judge of the Sessions of the Peace, Police Magistrate, Power to punDistrict Magistrate, or Stipendiary Magistrate, in all cases where to any resistance is offered to the execution of any Summons, Warrant of Execution or other Process issued by him, may enforce the due execution of the same by the means provided by the law for enforcing the execution of the Process of other Courts in like cases.

words.

94. The expression "Territorial Division" whenever used in Interpretation. this Act, shall mean-District, County, Union of Counties, Town- of certain ship, City, Town, Parish or other judicial division or place to which the context may apply; and the words "District or County" shall include any territorial or judicial division or place, in and for which there is such Judge, Justice, Justice's Court, officer or prison, as is mentioned in the context and to which the context may apply.

95. The words 66 Common Gaol" or "Prison," whenever they The same. occur in this Act, shall be held to mean any place other than a Penitentiary where parties charged with offences against the law are usually kept and detained in custody.

96. The several forms in the Schedule to this Act contained, Forms. varied to suit the case, or forms to the like effect, shall be deemed good, valid and sufficient in law.

97. This Act shall commence and take effect on the first day of CommenceJanuary, in the year of our Lord, one thousand eight hundred and ment of Act.

seventy.

SCHEDULE.

SCHEDULE.

(A) See s. 1.

SUMMONS TO THE DEFENDANT UPON AN INFORMATION OR COMPLAINT.

Whereas information hath this day been laid (or complaint hath this day been made) before the undersigned, (one) of Her Majesty's Justices of the Peace in and for the said District (or County, United Counties, City, Town, &c., as the case may be) of

for

that you (here state shortly the matter of the information or complaint): These are therefore to command you, in Her Majesty's name, to be and appear on in the forenoon, at

at

o'clock before me, or such Justice or Justices of the Peace for the said District (or County, United Counties, or as the case may be,) as may then be there, to answer to the said information (or complaint), and to be further dealt with according to law.

Given under (my) hand and seal, this

in the year of our Lord

at

County, or as the case may be) aforesaid.

day of
in the District (or

To all or any of the Constables or other Peace Officers in the District (or County, United Counties, or as the case may be) of

Whereas on

complaint was made) before

for that A. B.

last past, information was laid (or , (one) of Her Majesty's Justices of the Peace in and for the said District (or County, United Counties, or as the case may be,) of (&c., as in the Summons): And whereas (I) the said Justice of the Peace then issued (my) Summons unto the said A. B., commanding hi, in Her Majesty's name, to be and appear on

at "

o'clock