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1067. In the case where coercive imprisonment is had re- Coercive imcourse to in the said Superior or Circuit Court, it is granted by prisonment. one of the judges of the Superior Court, or by the prothonotary of the said court, or by the clerk of the Circuit Court, on a summary petition, alleging that the defendant has not paid the total fine, or the amount claimed, and the costs of the prosecution.

It is not necessary that the defendant should be notified of Notice not required. the presentation of such petition. 41 V., c. 3, s. 232.

1068. Each term of imprisonment, under this section, is Term of imreckoned from the date of incarceration. 41 V., c. 3, s. 233. prisonment.

furniture of

1069. If the conviction be for having sold, or allowed to be Seizure of the sold, intoxicating liquors on board any steamboat or vessel, tackle and without the requisite license, the fine and costs may be equally vessel. levied by seizure and sale of the tackle and furniture of the steamboat or vessel, on board which such liquors have been sold. 41 V., c. 3, s. 234.

liard tables, even those

1070. If the conviction be for having kept a billiard table Seizure of bilwithout a license, or for any contravention of articles 1000, 1002 and 1003, the fine and costs may be levied by seizure and not belonging sale of any billiard table in possession of the defendant at to defendant. the time of the rendering of the judgment, whether the defendant be or be not the proprietor thereof. 41 V., c. 3, s. 235.

Arrest and security.

1071. The court may, in its discretion, in case the fine Delay. and costs be not immediately paid, fix an ulterior day for payment, and order that the defendant be placed in custody unless he binds himself with sureties, to the satisfaction of the said court, which is hereby authorized to take the security under the form of an obligation or otherwise, as it may deem fit, to appear on the day fixed; and, if on the day appointed, the fine and costs be not paid, the complainant may make his option, and the defendant shall be dealt with in accordance with article 1064. 41 V., c. 3, s. 236.

if the defend

1072. When a married woman shall have been convicted, Rights of in an action instituted under the authority of this section, the complainant complainant may exercise the option whether to proceed by ant be a marseizure and sale either against the goods of the married woman, ried woman. or of her husband; and, moreover, in case the goods of one of them should be found insufficient, then against the goods of the other, provided they habitually live together. 41 V., c. 3, 8. 237.

a co-partner

1073. On the condemnation of one member of a co-partner- If defendant ship, under the authority of this section, the right of the pro- be member of secutor to proceed by seizure and sale may, in case the goods ship." and effects of the defendant be found insufficient, be exercised against the goods and effects of the co-partnership, found on the

premises where the contravention has been committed. 41 V., c. 3, s. 238.

In what cases

evocation by

certiorari is permitted.

Effect of de

mand without

such require

ments.

Decision of court or

judge.

Reasons insufficient to

have the conviction set aside.

No appeal.

Certiorari not to stay proceedings, unless certain deposit is made.

Deposit, on application for writ of prohibition.

Duties by

VI. RECOURSE BY CERTIORARI.

1074. Unless within eight days after the conviction, judgment or order in any action or prosecution, instituted under this section, the defendant deposits, in the hands of the clerk of the justices of the peace or of the court which has rendered the judgment, the full amount of the fine and all costs, and a further sum of fifty dollars, to secure the payment of such costs as may be subsequently incurred, no action, prosecution, conviction, judgment or order shall be taken by certiorari to any other court; and, in default of complying with these requirements, the notice of application for certiorari shall not suspend, retard or affect the execution of such conviction, judgment or

order.

2. The court or judge, to whom such application is made, shall dispose of the same upon the merits, notwithstanding any variance between the information and the conviction, or of any defect in form or substance therein, provided it appears by such conviction that the same was made for an offence against some provision of this section, within the jurisdiction of the justice of the peace, recorder, police magistrate, or district magistrate, who made or signed the same, and provided it further appears from such conviction that the appropriate penalty or punishment for such offence was intended to be thereby adjudged; and, in all cases, where it appears that the merits have been tried, and that the conviction is valid under this section, such conviction shall not be quashed; and, in case the original record is before the court or judge, it shall be remitted to the court below.

3. There is no appeal from such conviction, judgment or order, to any court of sessions of the peace or Queen's Bench. 4. The certiorari shall not stay the execution of the sentence of imprisonment against any persons convicted for the third time of the offence of selling liquor without a license, unless a deposit of two hundred dollars is, without delay, made with the collector of provincial revenue, after the conviction; and such deposit shall belong to the Crown if the conviction is not set aside.

5. Any person, applying for a writ of prohibition in reference to anything done or sought to be done under this section, shall previously deposit with the prothonotary of the court, before which the application is made, the sum of thirty dollars, to secure the payment of the costs of the adverse party, in case the petition be dismissed. 41 V., c. 3, s. 239; 43-44 V., c. 11, s. 43; 49-50 V., c. 3, s. 7; 50 V., c. 3, s. 17.

VII. APPLICATION OF DUTIES AND FINES.

1075. All duties, levied under this section, shall be paid whom and to by the collector of provincial revenue and all other function

posed of.

aries charged with their collection, under the same authority, whom paid, to the Provincial Treasurer, and shall form part of the consoli- and how disdated revenue fund; and any proportion thereof may be applied, from time to time, by the Lieutenant-Governor in Council, to the payment, under the direction of the Provincial Treasurer, of all expenses incurred for the carrying out of this section, and the costs incurred in actions instituted for contraventions of the same. 41 V., c. 3, s. 240; 46 V., c. 6, s. 1.

1076. When the prosecution is instituted by the collector Apportionof provincial revenue and in his name, the fine recovered shall ment of fine be applied in the following manner, viz:

recovered.

recovered.

1. If the full amount of fine and costs have been levied, one If full amount half of the fine belongs to the collector of provincial revenue, he being obliged to pay one half of such half to the informer, if there be one, and the balance is remitted to the Provincial Treasurer to form part of the consolidated revenue fund; 2. If the fine and costs be not paid in full, the amount levied If recovered is applied, in the first instance, to the payment of costs, and the balance is divided between the collector of provincial revenue, the informer, if there be one, and the Provincial Treasurer in the proportions mentioned in the preceding paragraph of this article. 41 V., c. 3, s. 241 §§ 1 and 2; 46 V., c. 6, s. 1.

in part.

1077. The preceding distribution does not apply to fines City of levied, under article 898, for contraventions of this section in Montreal. the city of Montreal, where the fines shall be applied in the following manner, viz:

1. If the fine and costs be recovered in full, fifteen dollars If full amount thereof belong to the informer, a like amount to the collector recovered. of provincial revenue, and the balance to the Treasurer;

2. If the fine and costs be not paid in full, the amount levied If recovered shall be applied, in the first instance, to the payment of costs in part. and the balance divided in the last-named proportion, namely, fifteen ninety-fifth portions of the amount to the collector of provincial revenue, fifteen ninety-fifths to the informer, and the remainder to the Treasurer. 41 V., c. 3, s. 241 §3 to § 5; 46 V., c. 6, s. 1.

1078. The fine and costs, or the amount levied, are payable into the hands of the collector of provincial revenue for the district, who shall, without delay, apply, divide and apportion the amount recovered, in the manner prescribed by the foregoing articles. 41 V., c. 3, s. 242; 46 V., c. 6, s. 1.

Collector of provincial revenue to

levy moneys and apportion them.

cutor be a cor

1079. When the prosecution is instituted by a municipal If the prosecorporation, or by an informant, the fine levied is applied in poration or an the following manner :

informant.

1. If the full amount of the fine and costs be levied, one If full amount half of the fine belongs to the municipality, or to the informant, recovered. with the obligation, in either case, to pay over one half of such half to the informer, if there be one, and the balance is remit

If recovered

in part.

Application

of art. 1078.

Fine remit

ted.

Statements of

ted to the Treasurer.

ted to the Provincial Treasurer to form part of the consolidated revenue fund;

2. If the total amount of the fine and costs be not levied, the amount recovered is applied, in the first instance, to the payment of costs, and the balance is divided in the manner and proportions indicated in the preceding paragraph.

The provisions of the preceding article shall apply to the present article as well as to articles 1076 and 1077. 41 V., c. 3, s. 243; 43-44 V., c. 11, s. 44.

1080. No fine incurred under the authority of this section shall be remitted, except by and with the authorization of the Lieutenant-Governor in Council. 41 V., c. 3, s. 244.

1081. Every clerk of the peace, of justices of the peace, be transmit of the recorder, and of the district or police magistrate, and the prothonotary of the Superior Court, and the clerk of the Circuit Court, shall, during the months of April and October, of each year, under a penalty of one dollar for each day during which the same is wilfully neglected, (such penalty to be recovered in the same manner as is provided by this section for the recovery of penalties), transinit to the Provincial Treasurer a statement of all prosecutions instituted under this section, which have been brought before them and adjudicated upon, during the six months ending on the thirty-first day of March and the thirtieth day of September, respectively; and such Contents of statement shall mention the names of the judges or the justices of the peace before whom each case has been tried, the name of each defendant, the date of every judgment, and the amount of fine or other condemnation in each case. 41 V., c. 3, s. 245.

statement.

Limitation of prosecutions.

actions

VIII.-ADDITIONAL PROVISIONS RESPECTING PROSECUTIONS.

1082. Unless otherwise provided, every prosecution against an auctioneer or a pawnbroker, under this section, shall be instituted within twelve months, and all others within six months, of the contravention. 41 V., c. 3, s. 246.

Limitation of 1083. No action shall be maintained against a collector of against col- provincial revenue, by reason of his official acts, unless it shall lector of pro- have been instituted within six months from the date of the vincial revact which gave rise to it. 41 V., c. 3, s. 247 ; 46 V., c. 6, s. 1.

enue.

Defence of collector of provincial

revenue.

Right to

costs.

1084. Under a plea of the general issue, the collector of provincial revenue may prove all facts of a nature to establish a special defence, in the same manner as if he had pleaded the

same.

On dismissal or discontinuance of the complaint or action, the defendant is entitled to a condemnation for costs in his favor against the adverse party. 41 V., c. 3, s. 248; 46 V., c. 6, s. 1.

against

1085. If the judgment be rendered in favor of such party, Nominal and if the court certify that the defendant had reasonable damages grounds to justify his proceedings, the plaintiff has no right to collectors of costs, and shall only recover nominal damages. 41 V., c. 3, provincial

8. 249.

§ 27. Additional Duties and Privileges of Collectors of
Provincial Revenue.

revenue.

1086. There shall be published a classified list of all per- List of licenssons having obtained licenses under this section by the differ- ed persons published. ent collectors of provincial revenue, once a year or more frequently, at the periods and in the newspapers indicated by the Treasurer. 41 V., c. 3, s. 250; 46 V., c. 6, s. 1.

functionaries

1087. Every 'collector of provincial revenue, and every Responsibilother functionary receiving public moneys, is accountable for, ity of public and shall pay and account for to the Provincial Treasurer, into towards the whose hands he shall pay, at the periods and in the manner Treasurer. ordered by the latter, all sums of money which he shall have levied arising from the duties imposed by this section, as well as for all other sums of money, which the law obliges him to pay to the said Treasurer, and which belong to the provincial revenue and form part thereof. 41 V., c. 3, s. 251; 46 V., c. 6,

s. 1.

statement

1088. In rendering his accounts to the Provincial Treas- Particular urer, the collector of provincial revenue shall transmit, in shall be transaddition to the information which he shall be ordered to give, mitted by a statement showing the sums received by him for duties on collector of provincial auction sales, and the number of licenses he has issued. revenue. 41 V., c. 3, s. 252; 46 V., c. 6, s. 1.

collectors of

1089. With the consent and approval of the Provincial Deputies of Treasurer, each collector of provincial revenue may appoint provincial one or more deputies for the performance of his duties under revenue. this section or any other law; and such deputies, as well as the Oath of office collector of provincial revenue, shall take and subscribe the of the coloath required by article 748 in the manner therein prescribed. lector and his 41 V., c. 3, s. 253; 46 V., c. 6, s. 1.

deputies.

expenses.

1090. An extra sum of one hundred dollars, annually, Travelling may be granted by the Lieutenant-Governor in Council, to any collector of provincial revenue, for travelling expenses, in addition to his ordinary salary. 41 V., c. 3, s. 254; 46 V., c. 6, s. 1.

§ 28.-Miscellaneous.

1091. All provisions of the Municipal Code of the Province In what cases of Quebec, whereby any municipalities are empowered to re- Code in relathe Municipal gulate the storage of gunpowder, or any other matter, shall tion to powapply only, in so far as such storage, or such other matter is der, &c., shall

apply.

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