declaration. (3) Nothing in the declaration shall be construed as a de- Effect of such claration that the work or any part thereof was not within the meaning of this section before the issuing of the proclamation, but the question whether it was or was not so shall be decided as if the proclamation had not issued. (4) This section shall not extend to any person selling intoxi- Application of cating liquors by wholesale, and not retailing the same, if the section limperson be a licensed distiller or brewer, nor shall it prevent the renewal of the license of houses or shops which had been usually licensed before the construction of the Public Work was commenced. R. S. O. 1877, c. 32, s. 1. of this Act. 2.-(1) A person who, in contravention of this Act, by him- Penalty for self, his clerk, servant or agent, exposes or keeps for sale, or contravention barters, sells, disposes of, gives or exchanges for any other matter or thing, to another person, intoxicating liquor, shall be liable to a fine of $20 on the first conviction, $40 on the second, and on the third and every subsequent conviction to such last mentioned fine and imprisonment for a period not more than six months. (2) The fine shall be paid over to the treasurer or clerk of How applied. the municipality in which the offence is proved to have been committed, for the use of the municipality, and shall be applied to such public purposes as the council thereof may direct. payment. (3) In default of payment of any fine and costs imposed Imprisonment under this Act, with the costs of prosecution, at the time of in default of conviction, the offender shall be imprisoned until the same is paid, under warrant of the Justice, Reeve, Mayor, Police Magistrate or Judge before whom the conviction is had; but no person shall be imprisoned for any separate offence under this Act for fine or costs, or for both fine and costs, for a period exceeding six months. R. S. O. 1877, c. 32, s 2. principals. 3. If any clerk, servant or agent, or other person in the em- Agents ployment or on the premises of another, sells, disposes of or punishable as exchanges for any other matter or thing, or assists in selling, disposing of, or exchanging for any other matter or thing, intoxicating liquor, in contravention of this Act, for the person in whose service or on whose premises he is, he shall be held equally guilty with the principal, and shall suffer the like penalty. R. S. O. 1877, c. 32, s. 3. cases under 4. Any Justice of the Peace, Reeve, Mayor, Police Magis- Who may hear trate or Judge of a Division Court shall hear and determine in and decide a summary manner any case arising within his jurisdiction under this Act. this Act; and every person making complaint against any other person for contravening this Act, or any part or portion thereof, before such Justice, Reeve, Mayor, Police Magistrate or Judge, may be admitted as a witness; and if the Justice, Reeve, Costs. Mayor, Police Magistrate, or Judge before whom the examina On what conditions only an allowed. tion or trial is had so orders, as he may if he thinks there was probable cause for the prosecution, the defendant shall not recover costs though the prosecution fails. R.S. O. 1877, c. 31, s. 4. 5.-(1) No appeal shall be allowed to any person complained appeal shall be of or convicted under this Act, unless, within three days after conviction or order made or judgment rendered, he enters into a bond to the Municipality in which the offence is alleged to have been committed, in the sum of $100, jointly and severally with two good and sufficient sureties, to prosecute his appeal, and to pay all costs, fines and penalties to be awarded against him upon the final determination of the By whom the recognizance in appeal shall be taken, etc. Search for liquors allow ed in certain cases. case. (2) No bond shall be taken except by the Justice of the Peace, Reeve, Mayor, Police Magistrate or Judge of a Division Court before whom the complaint was made or the offender tried, and the security shall be to his satisfaction; and if the appeal is not successful, the bond shall be forfeited, and the amount thereof shall become a debt due to the Municipality within which the offence was committed, recoverable by action by and in the name of the Municipality, and it shall be the duty of the Clerk or Treasurer of the Municipality to prosecute the same, and the money shall be applied in the same manner as the fines hereinbefore mentioned. R. S. O. 1877, c. 32, s. 5. 6. If three persons being voters or entitled to vote at any municipal election of the Municipality within which the complaint is made, make oath or affirmation before a Justice, Reeve, Mayor, Police Magistrate, or Judge of a Division Court, that thay have reason to believe and do believe that intoxicating liquor intended for sale or barter in contravention of this Act, is kept or deposited in a steamboat or other vessel, or in a carriage or vehicle, or in a store, shop, warehouse, or other building or place in the Municipality, or on any river, lake or water adjoining the same, at any place within which intoxicating liquor is by this Act prohibited to be sold or bartered or kept for sale or barter, the Justice, Reeve, Mayor, Police Magistrate, or Judge shall issue his warrant of search to any sheriff, police officer, bailiff or constable, who shall forthwith proceed to search the premises, steamboat, vessel or place described in the warrant, and if intoxicating liquor be found therein, he shall seize the same, and the barrels, casks or other packages in which it is contained, and convey them to some proper place of security, and there keep them until final action is had thereon; but no dwelling house in Dwelling house not to be which, or in part of which a shop or bar is not kept, shall be cept in certain searched, unless one at least of the complainants testifies on oath to some act of sale of intoxicating liquor therein or therefrom, in contravention of this Act, within one month from the time of making the complaint. R. S. O. 1877, c. 32, s. 6. Seizure. searched ex cases. be summoned. 7. The owner or keeper of the liquor seized as aforesaid, if Owners of lihe is known to the officer seizing the same, shall be sum- quor to moned forthwith before the Justice or person by whose warrant the liquor was seized, and if he fails to appear, or if it is proved to the satisfaction of the Justice or person who issued the warrant, that the liquor was kept or intended for sale or barter, in contravention of this Act, it shall be declared for- Destruction of feited, with any package in which it is contained, and shall be liquors illegally destroyed by authority of the written order to that effect of the Justice, Reeve, Mayor, Police Magistrate or Judge, and in his presence, or in the presence of some person appointed by him to witness the destruction thereof, who shall join with the officer by whom the liquor has been destroyed, in attesting that fact upon the back of the order by authority of which it was done; and the owner or keeper of the liquor shall pay a fine of $40 and costs, or, in default thereof, be com- Fine. mitted to prison for three months. R. S. O. 1877, c. 32, s. 7; 50 V. c. 8, Sched. kept. unknown, etc. 8-(1) If the owner, keeper or possessor of liquor seized Proceedings if under the provisions of this Act is unknown to the officer the owner is seizing the same, it shall not be condemned and destroyed until the fact of the seizure has been advertised, with the number and description of the package as near as may be, for two weeks, by posting up a written or printed notice and description thereof in at least three public places. sale, etc. (2) If it is proved within such two weeks to the satisfaction Liquor not inof the Justice, Reeve, Mayor, Police Magistrate or Judge by tended for whose authority the liquor was seized, that it was not intended for sale or barter, in contravention of this Act, it shall not be destroyed, but shall be delivered to the owner, who shall give his receipt therefor upon the back of the warrant, which shall be returned to the Justice or person who issued the same; but if, after the advertisement as aforesaid, it appears to the Forfeiture and Justice, Reeve, Mayor, Police Magistrate or Judge, that the liquor intend liquor was intended for sale or barter, in contravention of this ed for sale. Act, then the liquor, with the package in which it is contained, shall be forfeited, condemned and destroyed. R. S. O. 1877, c. 32, s. 8. destruction of sold, etc., in be void. 9. Payment or compensation for liquor sold or bartered Payments for in contravention of this Act, whether in money or securities liquor illegally for money, labour or property of any kind, shall be held to contravention have been received without consideration, and against law, equity of this Act, to and good conscience, and the amount or value thereof may be recovered from the receiver by the party making, paying or furnishing the same; and all sales, transfers, conveyances, liens and securities of every kind which either in whole or in part have been given for or on account of intoxicating liquor sold or bartered in contravention of this Act, shall be null against all persons, and no right shall be acquired thereby, and no Witnesses may be compelled to ap action of any kind shall be maintained, either in whole or in part, for or on account of intoxicating liquor sold or bartered in contravention of this Act. R. S. O. 1877, c. 32, s. 9. 10. A Justice of the Peace, Reeve, Mayor, Police Magistrate or Judge, authorized to hear and determine offences against this pear in certain Act, may summon any person represented to him as a material cases under this Act. to cases under this Act. witness in relation to any offence against this Act; and if such person refuses or neglects to attend, pursuant to the summons, the Justice or person authorized to try the offence may issue his warrant for the arrest of the person so summoned, and he shall be brought before the Justice or person issuing the warrant, and if he refuses to be sworn, or to affirm, or to answer any question touching the matter under investigation, he may be committed to the common gaol, there to remain until he consents to be sworn or to affirm and answer. R. S. O. 1877, c. 32, s. 10. Provisions of 11. All the provisions of any law for the protection of Acts for protection of Jus- Justices of the Peace, when acting as such, or to facilitate protices extended ceedings by or before them, in matters relating to summary convictions and orders, shall, in so far as they are not inconsistent with this Act, apply to every functionary empowered to try offenders against this Act, and such functionary shall be deemed a Justice of the Peace within the meaning of such law, whether he be or be not a Justice of the Peace for other purposes. R. S. O. 1877, c. 32, s. 11. Costs of enfor 12. Where judgment is rendered for costs, there shall be cing judgment included therein fees for such prospective services as are necessary to enforce the judgment. R. S. O. 1877, c. 32, s. 12. to be included. Costs under this Act. Actions and proceedings not be void for want of form. 13. Upon judgment or affirmance of an appeal, and for any other proceeding under this Act had before a Justice, Reeve or other functionary, the costs shall be the same as are now by law allowed for proceedings of a like nature;-and in actions and proceedings in any higher Court, the costs shall be the same as are usually allowed in such Court. R. S. O. 1877, c. 32, s. 13. 14. No action or other proceeding, warrant, judgment, order, or other instrument or writing, authorized by this Act, or necessary to carry out its provisions, shall be held void, or be allowed to fail for defect of form. R. S. O. 1877, c. 32, s. 14. 4. DRAINAGE WORKS. CHAP. 36.-EXPENDITURE OF PUBLIC MONEY FOR DRAINAGE, p. 371. CHAPTER 36. An Act respecting the Expenditure of Public Money for Drainage Works. SHORT TITLE, S. 1. EXPENDITURE FOR DRAINAGE WORKS TAKE DRAINAGE WORKS. At request of a Municipal Council, s. 4. On application by a majority of owners, s. 5. WHEN WORKS MAY BE EXTENDED INTO AN ADJOINING MUNICIPAL- ASSESSMENT OF LANDS BENEFITED, GRUBBING AND SPREADING EARTH, SS. ASSESSMENT ROLL TO BE DEPOSITED IRREGULARITY IN APPOINTMENT CORRECTION BY JUDGE OF ERRORS COLLECTION OF ASSESSMENT, ss. 42-52. APPEALS FROM ASSESSMENT, ss. 15-20. ASSESSMENT, A FIRST CHARGE ON LAND, ASSESSMENT OF LANDS IN ADJOIN ING MUNICIPALITIES. Publication of roll when lands lie in two municipalities, s. 21. When lands in adjoining municipalities may be charged though works not carried into it, s. 22. Assessment of lands of an adjoining municipality, ss. 22-25. Arbitration in case of objection to the assessment, ss. 26-30. Repair and maintenance of works after completion, s. 31. ADJOINING MUNICIPALITY USING A 8. 43. HOW LAND MAY BE DISCHARGED FROM TENANTS OF IMPROVED LANDS TO SETTLED BY ASSESSORS, S. 60. DRAIN MAY BE ASSESSSED FOR ASSESSMENT WHERE TWO OR MORE MUNICIPALITIES HAVE APPLIED HE [ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: |