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RETIRED JUDGE CENTRAL DISTRICT COURT. carrJiitT!f"f"* magistracy, an accurate police, and an undeviating partiality TSefJ::: "'° ^-'^!-'-".-"'"bute ..ore to the restraint and' s'uppresTi, ->! crime than siny excessive severity of punishment."-/'' "^S'='-'- throughout tlT; may find ,t even more useful than its predecessor. D. W. PROWSE. ■aws. da. nin- rent the cw- ony V i' ^f PREFACE TO THE FIRST EDITION. This little work was prepared by me under the sanc- tion of the Government, ft has been complied prin- cpalb^from English Text Writers on Magisterial Law. which I have condensed and made applicable to local requirements. My object has been to give Outport Magis- trates as clear and definite instructions and forms for all their ordinary duties as could be condensed within the small space at my disposal. I have endeavoured to be accurate, and in nearly every case I have given my authori- ties and quoted reported cases. I have to thank His honor Sir Hugh W. Hoyles. the Chief Justice, for having kindly gone over the whole work, partly in manuscript and partly in print, and I have his authority for stating that It meets with his entire approval. I also beg to thank Mr. BENNEn"s Government for having authorir.ed me to prepare, and the present Attorney General for having al- lowed me to publish the work, at the expense of the Government. If the perusal of this Manual .should tend to assist my brother Magistrates in the discharge of their onerous duties, and enable them to carry out the Law with more accuracy and efficiency, I shall feel amply repaid for all the labour and thought I have bestowed upon its pre- paration. *^ St. lohn-s. N.wfoundland ) ^^ ^- P^OWSE. January loth, 1877. ' J LJ . . \ I J f » I i-^.»/ f TABLE 0F_ CONTENTS. PREFACE. A. • administraticin of justice- District Courts Courts of .Sessions— Civil Jurisfliction of Magistrat-i-s ADULTERATION— Of Liquois ADULTS ADVERTLSEMENT Ul- LOTFERIES ' ' ' AP FRA\- AGE (see Intoxicuting Liquors) (and Suiimary Jurisdiction J AGRICULTURAL ACTS Sheep-preservalion of; Agricultural Societies-formation of", Homestead; G. ants of Land. ALIENS APPEAL APPRENTICES ARREST ARSON ASSAULT B. HAIL BASTARDY BIRTHS, MARRIAGES. AND DEATHS-Registration of ....... BISCUITS (see Bread) BOARDS OF HEALTH (see Public Health.^ PONDS (see Securities and Recognizances) BOOKS AND NEW.SPAPERS-Publication of BREAD —Loaves of BRIDGES (see Roads and Bridges) iftjILDING— burnt, delapidated or dangerous building used tor Prostitution, &c rebuilding Si. John's, Sec. Pace. 2-30 21 472 30 32 4/3 613 30 48 52 52 Sj 61 62 70 72 90 lOI 97 9/ 98 lOI 101 102 102 103 2: '^'ABL^ OP CONTEI^TS. B. (continued.) Page. BURGLARY BURTHEN of Proof ..........!!!! ^°^ BURIALS within St. John's ^^^ • • J04 . c. CARROTS-Weight of bushel CARTS, Carriages, Waggons, Catamarans- ' " ' °^ Owner's name on Rule of the Road °'* CATTLE disease— Prevention of landing of slaughtering of , . , , io6 leavmg dead cattle in coves > CENSUS, to be taken every loth year CERTIORARI ^°^ CHEATING ; ^°7 , , no at play ^ CHILDREN under 7 not guilty of felony " ' ' " " deserted (see Deserted Wives and Children) j " (see, also, Summary Jurisdiction Act ) At , CHIMNEY ^" cJ^FRfn''™/""' "' ""'''"'''^ ^° give evidencJoi confession ll^ CLERK OF THE PEACE COALS must be sold by weight COASTING or Sliding-J. P. to make Rules" '.'.. "' COAST FISHERY (see Fishery) "'' CODFISH Stealing-Penalty '/,, "^ CODFISH-Culling of "^ COINS (see Cvirrency) "^ CONFESSION , '_\ "^ CONSTABULARY "^ 117 Special Constables COPYRIGHT (see Printed Books) .' "^ CORNMEAL-Weight of ^^ • ••• •••• ♦I,, •!•, •••« •••• ,a 120 CORONERS -duties performed now by Stipendiary Magistrates ,2, TABLE OF CON TENTS. nj. C, (continued.) ^^,,^^ ^ Page. COVES— Public 124 throwing dirt, rubbish, &c., into CRIMINAL LAW * " " " " ^'' CRUELTY TO ANIMALS ....!!...... '^^ CROWN LANDS (see p. 4:--47) ..*.'.'.'.... '^° CURRENCY '^^ CUSTOMS *^'* 138 B. DEER— Preservation of 160 DESERTED WIVES and Children ^g DESTRUCTIVE INSECTS-Colorado Beetle .!!!!.".' ' ^ DISORDERLY PERSONS (see. also, p. 080) " ' ^1 DISTRESS (see p. 26) "" DOGS !....!. '^^ See Agricultural Acts and Protection of Sheep from Dogs ' ^^ DRUNKENNESS DYING DECLARATION '^^ DYNAMITE-Storage of ... '^^ " • 179 £. EDUCATIOiN (see Ec'ucation Acts) ELECTION LAWS ^^ EV DENCE— Law of '^^ " 287 LXAMIN4TIONS (see Indictable Offences)... EXECUTION (see Civil Jurisdiction of Magistrates and District Courts) ^00 EXPENSES (see Fees and Costs) ' • .... 300 EXHIBITION-Indecent (see Indecent Exposure of Person) ,00 EXPLOSIVES (see p. 79) ^ EXPOSURE of Person-Indecent .......'.". ^°° EXPORTATION of Arms .....'..'.!.*! ^°° See Enlistment and Exportation of Arms. ^°° F. FALSE PRETENCES FEES AND COSTS in Civil Cases (see District Court and^^e p'. '22 J ." 301' FEES m Summa y Criminal Cases .md in Indictable Offences .r,. If IV. TABLE OF CONTENTS. F. (.continued.) FELONY FEMALES— Assaults on (see p. 65) FENCES Page. • 303 304 FERRIES ^°4 FIRES— Enquiries respecting the origin of fires FIRES in the Woods ^ PISHERIES -^^^ 315 318 318 318 322 FLAX SEED -Standard weight . . . FLOUR— Standard weight of Barrel FOOD — Inspection of FORGERY o. I. IDIOTS AND IMBECILES ILLEGITIMATE CHILDREN (see Bastardy)" IMMIGRANTS-l^endicant and Infirm IMPRISONMENT (see Hard Labour) 322 476 328 328 329 329 330 GAMES— Playing Games in Streets GAMBLING (see Intoxicating Liquor) GAME LAWS i GOATS AND PIGS GUNS — Firing in city Carrying on Sunday GUNPOWDER-Storage of ..."'.'.... H. HARBOUR-Throwing ballast, &c HARD LABOUR ^^^ HARES (see Game Laws) ......'.,. ^^^ HAY— Stano^; Weight ^^^ HEALTH, PUBLIC " '," ^^\ HEM P SEED— Standard Weight "...'..' HERRINGS— How measured HIGH WAYS -Injuries to ...'...'. HUSBAND AND WIFE ^^"^ 375 336 374 374 378 378 37S 37^ TABLE OF CONTENTS. I, (continued.) INDIAN CORN— Weight INDICTABLE OFFENCES Enquiries into; from 379 to 460. INSECTS— Colorado Beetle INSOLVENCY INTOXICATING LIQUORS-Sale of INTOXICATING LIQUORS— Lo.al Option. INTOXICATING LIQUORS-Sale aboard H. M. ships prohibited. Page* • 378 ■ 378 ' 461 461 467 49; 516 IRREGULARITY (see Practice ynd Summary Jurisdiction) 518 J. JOWLS— Standard Weight JUDGES (see District Courts) JUDGMENT (see Summary Jurisdrot ion. JUDICIAL NOTICE 518 S18 518 JUDICIAL OATH (see Justices of the Peace) ^jg JURISDICTION OF JUSTICES (see Justices) JURY SI S18 Si8 519 JUSTICES OF THE PEACE Duties, &c. JUSTICE OF THE PEACE— The nature of the duties of Jurisdiction as to localitv. &c Actions and other proceedings against T-g Sialing a case JUSTICES OF THE PEACE— Their summary jurisdiction Appendix of forms JUSTICES OF THE PEACE— Summary Jurisdiction Act of 1879 Forms under the Summary Jurisdiction Act, 1897 644 Summary Jurisdiction— Quarter Sessions g- . Slander , „ 678 Girls, carnally, knowing and abusing g-g Drunkenness and disorderly cor.duct ggn 527 529 545 553 581 599 VI TABLE OF C ONTENTS. 1. ~ ' ~ "" ~ -~ LAND— Title to Pagb. LARCENY ' 573 LUMBER (see Consolidated Stltrtes) 533 and 719 LUNATICS (see Act of 1897). .'.".'.'.'.'.'.'."." ^^' M. MALICIOUS injury to property.... MARINE Court of Enquiry ^^^ MASTERS and Servants ^^3 MURDER 683 P. • ^«4 PEACE-Preservation of the public peace. . . . PERJURY .^ 686 PRACTICE in criminal an7cIwiproceeZ^^ 695 Q. , '^ QUARTER Sessions R. 70s RECEIVER of stolen goods V. 7°« VAGRANTS. ..c w. "" '"^ WRECKS 709 ^ABLk OF CONfkNf^, Page. 573 33 and 719 Sax 686 69s 696 70s 708 APPENDIX of Forms Page. t"°" '''Z ^^° Assault 710 Attempti to murder Hi B'gamy .".'.*."■" 714 Burglary ■"•• 715 Concealing birth of child. '.'..* ^'^ False pretences 7l6 Fishstealing 717 Fo'gery 718 Larceny 718 719 700 The following pages contain the new District Court Act and the Rules approved of by the Judges of the Suoreme Court. It marks a decided advance on the first legis'lation on the subject. Many persons, however, consider the jurisdiction of these Courts should have been further ex- tended, the right to try small trespass cases should have been given, and there should have been no appeal in fish- erman's cau.ses. Under sections 142, 143 and 144, of the "Judicature Act. 1889/' the Supreme Court is authorised to extend the provisions of this Act to District Courts These Rules have not yet been published. D. W. Prowse. St. John's, Nfld.,.Dec. 20th, 1892. iNFKRioR Courts. :43. Where it is not otlienvise provided (and subject to Rules of Court) on ap- peals from mfenor junsdictions to the Supreme Court or any Judge thereof nnd upon removals of any matter in whici, evidence shall have been taken it shall be competent for th-M.preme Court and the Judges thereof to direct the -heaing IcTrT' r •'%'-'^f '''"« °f -'^'--. - ♦•- taking of further and othe. evT dence by the Cour below and to require the report of nil evidence taken and to requu-e the production and examination of a witness already examined or of anv persons wo may not have been already examined, and to refer back the cL to «e Court below for further consideration in whole or in part, and in giving ^udg ment and o alter, amend or modify the same, and to make any order as ti the :s"r tfcos;!"'"'"^" ^•" ""^ '^ '^^-^^^ ''-' ^"^ ^^ -^^^ '^ «^^'^ ^'--«s„ 143. It hall be lawful for the Judges of the Supreme Court, from time to time by orders to be approved of by the Governor in Council, to extend to the Di t't' Cour s any of the provisions of this Act and Acts in amendment thereof, wi^ such modifications as may be necessary or desirable. 144. Such orders may be published in the /?oya/ Gazette for at least one month before coming into operation in the said District Courts. Administration of Justice, m ^HIS Act was put in force by the foUowing Procla- mation in the " Royal Gazette," July 14, 1890 : The following chapter of the Consohdated Statutes of Newfoundland (Second Series), is pubHshed by order of His Excellency the Governor in Council, to take ef- fect from this date. J. W. WITHERS. pro Colonial Secretary. 1 « II — CONSOLIDATED STATUTES OF NEWFOUNDLAND. [Second Series.] CHAPTER " Of District Courts." Section 1. Cent ; District Court to bo held in St. John's, etc. 2. District Court, Harbor Grace, to be held there, etc. 3. Jurisdiction of District Courts. 4. Courts may be held without Pro- clamation. f». Constitution of the Court, two Judges in St. John's, one in Harbor Grace. 6. Judges may sit apait. 7- Judges to be ^.v officio Stipen- diary Magistrates for the Colony, etc. ' 8. Plaintiff not to divide cause of action. 9. Power to compel attendance of witnesses. lo. Fieri facias and execution. Section 11. Cause not to be removed unless over ;^2o. 12. Appeal to Supreme Court. 13. District Judges to make rules. 14. Salaries of Judges. 'tS- Juflges not to practice, etc, 16. Clerks of the Distric Courts. 17. Jurisdiction for wrongful deten- tion of goods ; appeal ; excep- tion. 18. Defence by way of counterclaim ; equitable defences. 19. Judges of District Courts to make rules subject to approval o<' Su- preme Court. 20. Judge to take evidence in writing etc. *' 21. Question of evidence; rulings thereon to be reduced to writing. I. There shall be a Court of Record for the Central District, to be called the Central District Court, to be held in St. John's whenever business may require, and in such other places within the Central District nt such times, and for such periods of time, in each place as may, from time to time, be prescribed by Proclamation of his Excel- District Courts. 3ved unless intcrclaim ; lency the Governor, which Proclamation shall, for the pur- poses aforesaid, have the force and effect of law, as if en- acted in this Chapter. 2. There shall be a Court of Record held in Harbor Grace, to be styled the District Court of Harbor Grace with jurisdiction over the following divisions of the Elec- toral Divisions of the Electoral District of Conception Bay VIZ : -Harbor Grace, Carbonear, Port-de-Grave and Bay- de- Verde, and also that part of the Electoral District of Trinity lying on the South Side of Trinity Bay, between Scilly Cove and Bay Bull's Arm, inclusive. The said Dis- trict Court of Harbor Grace shall be held at such places within the limits above (other than Harbor Grace) at such times and for such periods of time at er.h place' as may, from time to time, be prescribed by Proclamation of His Excellency the Governor, which Proclamation shall, for the purposes of this Chapter, have the force and effect of law, as if enacted in this Chapter. 3. The said Court shall have power to hear and deter- mine summarily all civil causes over which the Courts of Session now have jurisdiction, (i) together with all civil causes whatever to the amount of Fifty dollars, except where the title of lands may be involved, (2) and except ac t^^ons for libel _ orjlander,jH^^^^ malicious prosecu- .-onf 1.,., I ..^ ?°^.._'^'^- ' "^y «=^" 'O' the q:sesfion of title to all other nmnnrtv ^v. Administration of JustiaSianr'S'diff;;e™\7^^^^^ '"'' jurisdiction of the Court very P.aintiff and d^efeK,:° o'uS^fs"^^;!, I^^t^^^^^^^^^::^^^ -'-- insfancf aSn'trd5rfor'no'^l^^.i7'r'"'; '\''-r^-^,^''''' unliquidated, for or unliquidatetl (lamagS/ '" respect of or against a claim for liquidated terclaim up tV^'.whh cost's. J"''^"''^"* "'^" ''^ g'^«" fo-" '^e defendant in coun- give to eviry such e^ukab e defence raised be'forV. "I!"' "" '^"" "^'^ P'"°^''^'°" "'"^^ same effect by way of defence PsfhpS,™,«r^. '^'^ J". '' '='''"'" "'"^"^ »"d the Court would IhSe uSr thifnrovS t?r^^^^^^^ '"•"• . ^^^ district decree for specific performance! ^^ "''''' ""^ '"J""*-*'^^!! or t)istrict Courts. where any such defence or counterclaim of the defendant involves matter or amount beyond the jurisdiction of the Court; such defence or counterclaim shall not affect the competence or the duty of the Court to dispose of the whole matter in controversy so far as relates to the demand of the plaintiff and the defence thereto, but no relief exceeding that which the Court has jurisdiction to administer shall be given to the defendant upon any such counterclaim : Provided always, tV>at in such case it shall be lawful for the Supreme Court, or any Judge thereof, if it shall be thought fit, on the application of any party to the proceeding, to order that the whole proceeding be transferred from such District Court to the Supreme Court, or Judge thereof ; and in such case the record in such proceeding shall be transmitted by the District Court to the said Supreme Court ; and the same shall thence- forth be continued and prosecuted in the Supreme Court as if it had been originally commenced therein. 19. The said Judges of the District Courts shall make rules for (i) Regulating the sittings of the said District Courts ; (2) Regulating the pleading, practice and procedure in the said District Courts ; (3) Recrulating the granting of appeals in all matters over which the Supreme Court has appellate jurisdiction; (4) And generally for regulating any matter relating to practice and procedure of the said District Courts, or to the duties of the officers thereof, or to the ccsis of proceedings therein, and every io Administration of Justice, other matter deemed expedient for the better attaining the ends of justice, advancing the reme- dies of suitors, and carrying into effect this Act. Such rules, before they shall come into operation, shall first obtam the sanction and approval of the Judges or a majority of the Judges, of the Supreme Court, and shall be published in the Royal Gazette for at least one month. 20. Upon the trial of any cause, it shall be the duty of the Judge to take the evidence of the witnesses, fully in wntmg, together with his rulings on the admission or re- jection of evidence. 21. The Solicitor, on either side, upon the said Judge ruhng against him, on a question of evidence, may reduce the said question to writing, and hand the same to the Judge, who shall transcribe the same on his minutes or attach the same thereto, and the said Judge shall there- upon enter upon his minutes his rulings theVeon. '* 'I II District Courts. GENERAL RULES For regulating the Sittings, Practice, Proceedings, Ap- peals to the Supreme Court and Costs in the Cen- tral District Court, and all other matters deemed expedient for the better attaining the ends of Jus- tice, advancing the remedies of Suitors and carry- ing the above Chapter into effect. Made and issued by the Judges ot the said Court under the provi- sions of the Consolidated Statutes of Newfoundland (Second Series) " Of District Courts," and approv- ed of by the Judges of the Supreme Court on 6th December, 1892. Section 1. Sittings of the CourV 2. Summons, requisites and form. 3. Summons, how signed, etc. ^. Process book to be kept. 5. Summons, when to be served. 6. Service, how effected. 7. Service on a firm. 8. Service on absent defendants. 9. Order in which causes are to 'je tried. 10. Defendant to state grounds of be- fore trial. Section 11. Set-off. 12. Default. 13. Amendments. 14. Execution. 15. Form of Writs of Fieri Facias. 16. Attachment Warrants. 17. Appeal:. 18. Transmission of appeals. 19. Costs. 20. Costs on appeal. 21. Forms. 1. The Court shall sit every day when business may require. 2. All Summonses issued out of the Court shall be in accordance with the form in Schedule A., and shall have attached thereto or written thereon particulars of the plaintiff's demand, or a short description of a legal cause of action. No seal shall be requisite upon such Summons. 3. Every Summons shall be signed by one of the Judges of the District Court or by the Clerk of the Court, who shall not be required to issue any Summons without M' 12 VJi Adminisiraiion of Justice, first having been paid the fee for the same and for the ser- vice thereof unless leave be given by a Judge, upon suffi- cient affidavit, to sue in forina pauperis. 4. A Process Book shall be kept, in which all causes shall be entered, and which shall contain the number of each Summons, the date of its issue and return, the names of the plaintiff and defendant, the amount sought to' be re- covered, and a short description of the cause of action ; also the ;udgment in eaci. cause, and its date and particu- . lars, and how such judgment is satisfied, by execution or otherwise, 5. Every Summons shall be served at least the day be- fore the date of its return. 6. Service upon a resident defendant personally, or on his wife, his clerk or his servant, at his known place of re- sidence or busii; ;s, shall be deemed sufficient service. Provided that, if be shown on oath that service effected upon any person other than the defendant did not come to his knowledge, he may in case of default be let in to de- fend upon such terms as the Court may prescribe. 7. Service on one partner in .. firm shall be sufficient service for all the partners; and in proceedings it shall not be necessary to name all the partneis, but the name of the firm alone shall be sufficient. 8. Where a defendant or defendants reside out of the colony, but have a place of business or a resident partner or an agent therein, service of the Summons shall be ef- fected upon the resident parti. r agent, or person in charge of the tAacp n( Kncin^^ce /-.f o.-^t, j_/_„j_... 13 District Courts. ;unon or 9. Fa. . -ause shall be liable to be tried on the return of the ■:. . ions, and shall be tried in the order of its re- turn, except in the case of continued causes, which shall be tried first in their order on the day to which they are continued. 10. Before the trial of any cause shall commence the defendant shall state the grounds of his defence, either verbally or in writing, which statement shall be entered on the Summons and in the Record Book, and shall bind the defendant, subject to amendment, in the discretion of the Court. 1 1 . Where the defendant relies upon a set-off, counter- claim or equitable defence, particulars of the same, if not already furnished to the plaintiff, mu^t be filed in Court and a copy served on plaintiff before 3 p.m. of the day preceding the day for the trial of the cause, unless the Judge otherwise allows. 12. In cases of default, defendant, if applying promptly, may be let in to defend upon an aflfidavit of merits and on such terms as the Court may prescribe. 13. Amendments may be made in all process and pro- ceedings for the furtherance of justice, upon such terms as the merits of each case may require. I/. Execution hy Fieri Facias may issue immediately after judgment, or by order of a Judge ^'-e amount may be tnken in instalments, with or without security. 15. Vv^rits of Execution shall be according to the Form B., and no seal shall be required thereupon. M 14 Adminisiration 0/ Justice, t6. Attachment Warrants and Garnishee Orders shall be in accordance with the form in Schedule C. APPEALS. 17. tn all cases of appeal from the said District Court to the Supreme Court, the party appealing shall, within two days after delivery of judgment in the cause, file with the District Court, and serve a copy on the opposite party or his attorney, a written notice of appeal ( i ; setting forth the grounds on whifch such appeal is made, and on the ap- pellant complying with the provisions of the law and triv- ing approved Bond-, with or without sureties, or other se- curity to pay the said claim and all costs, such appeal shall be allowed. 18. On the completion of the said appeal papers, the District Judge before whom the same was tried shall for- ward without delay to the Chief Clerk, Supreme Court, all papers in the cause, the written evidence taken by said Judge, or a copy plainly written in either case, together with the Bond and notice of appeal. Such Bond shall be in the form in Schedule D. f I' !;( .,1 (I) Written notice of appeal may be in the following form :- ^^' \ Central District Couri-. In this cause I give notice that I intend to appeal to next sitting c.( th» « Court against the judgment in the said cause Z th gro^ld Ifth, 1"'- 7' ment is (here set forth concisely the grounds of appealf ^^^' To His Honor Judge- s' ui e Judge who tried the case). District Courts. TABLE OF COSTS. CLERK'S FEES. For every Summons, Subpcena or other Process 25 cents Hearmg every Cause ^ Entering Judgment ^ " Issuing Attachment, Warrant and Execution! ! . 25 Every Affidavit and Swearing 25 Issuing Recognizance ,. BAILIFF OR CONSTABLE. For service of Summons, Subpoena or other Process within the limits of the town of St. John's •^ 25 " Service of Summons, Subpoena or other process outside the limits of said town, at the rate of twelve cents per mile for every mile ne- cessarily travelled by the officer in going from the Court House. Execution, including officer levying Notices and Sale 25 " All necessary expenses attendant on execution and actually paid. WITNESSES. Every necessary witness for each day's necessary attendance in Court ^q ^ents All the reasonable and necessary expenses of such witnesses, for board, lodging and trav- elling, when required to be authenticated by proper accounts and vouchers. •*• v^ ill t6 Administration of Justice, COUNSEL FEES. In causes where attorneys or counsel are employed, a fee may be allowed, in the discretion of the Courl, from $1.50 up to $5.00, according to the difficulty and import ance of the case. COSTS ON APPEAL.— CLERK'S FEES. Filing Notice of Appeal 35 cents. Drawing Recognizance cq «< D. VV. PROWSE. J. G. CONROY, Judges, Central District Court. St. John's, Newfoundland, December 5th, 1892. Approved of by the Judges of the Supreme > Court, December 6th, 1892. \ F. B. T. CARTER. C. J.. R. J. PINSENT. J., J. I. LITTLE, J. 17 District Courts. nployed, a ourf, from id import FORMS. To 25 cents. s 50 " U >> /SE, ^ )Y, let Court. •^ ■s, > !-) ^ ^ $t .v> <: 4» Schedule A. CENTRAL DISTRICT COURT. ■ J.. Greeting : You are hereby required to appear and plead be- fore the Central District Court at St. John's, on the day of , at eleven o'clock in the forenoon to an action ?t the ^"^^ ^^ , who claims from you the sum of dollars and cents, for the matters contained in the annex- ed particulars : And in default of your so doing the plaintiff may proceed to judgment and execution. BV THE COURT, This day of 13 C/erk of the ^tntral District Court. I8 Administration of Justice. of Schedule B. v CENTRAL DISTRICT COURT. To the Constables of the Central District of Newfoundland, or to any other Constable in the said District. Whereas lately in the said Court hath recovered judgment against for the sum of dollars and cents. You are therefore hereby required to cause to be made and lev,ed of the monevs, goods, debts and effects or the • '- > the sum of dollars and cents; and also the sum of dollars and .he . T\^ '" '^'' ^^h^" ^^Pended for the costs and expenses of suit; and have you the said sum of money in our said Court immediately after the exe- cution of this writ to be rendered to the said and have you then there this warrant. BY THE COURT, St. John's, day of , Anno Domini ,8 . Clerk Central District Court. I 19 District Courts. «: 8 Schedule C. CENTRAL DISTRICT COURT. Whereas a judgment has lately been given in the said Court against at the suit of *or the sum of dollars cents ; yint are hereby required not to part with any moneys, goods, debts or effects of the said which you now have in your custody, or under your control ; but you are to hold the same to the amount of dollars cents, being the amount of the said judgment ana costs, to abide the further order of the said Court touching the same. BY THE COURT, day of i8 Clerk Central District Court. E^ To [garnishee order ] /;/ the Central District Court day of i8g C Plaintiff*, Between < and ' Defendant. Upon reading the return of the Bailiff to the Writ of At- tachment against the said defendant, at the suit of the said p'laintiff : it is ordered that do appear in the Court on next, the day of , at o'clock examined on oath touching the amount due from to the said defendant and attached in hand in the above cause. BY THE COURT, . ^ Clerk of the Central District Court. On motion of r*ir, of counsel for the plaintiff. to be 20 Administration of Justice, Schedule D. [bond on appeal.] ^«nai^> y^i Men ^.j; t|;*a<, l^riMa^ntss that °^ hereafter called the appel- '^"^' ^"^ o^ are held and firmly bound unto the said respondent, in the sum of dollars, and in the sum of dollars, to be paid to the said and his as- I'igns, if the said appellant shall fail in the condition under- written. Whereas in the Central District Court judgment was lately given against the said appellant, in the cause of the said appellant is dissatisfied with the said judgment, and has given notice of appeal to the next sitting of the Supreme Court against such judgment : Now the condition of this obligation is such that if the said appellant shall, in the next following sitting of the Supreme Court, prosecute such appeal u-^h effect and satisfy the judgment of the said Court thereon, and pay such costs as may be ordered, then lais obligation to be void, otherwise to remain in full force and effect. Signed, Sealed and Delivered in the presence of o o 21 COURTS OF QUARTER SESSIONS. C/V/L JURISDICTION. I.— O.urts of General and Quarter Sessions shall be holdcn in this island and its dependencies at such places with jurisdiction over such extent of district as hath been heretofore appointed, or as may be hereafter appointed by the pr "clamation of the Governor 2. — The Courts of General and Quarter Sessions shall be holden on the first Monday of January, April, July and October, and shall sit by adjournment from time to time until the business pending therein respectively shall be dis- posed of, and there shall be no necessity for any proclama- tion thereof. 3. — The said '"ourts may hear and determine in a summary way all civil actions for the recovery of debt or damage to the amount of twenty-five dollars, save actions in which the title Lo any land or tenement may be in ques- tion ; and except actions for libel or slander, replevin, malicious prosecution, and actions against any Justice ^^f the Peace or any ocher public officer for acts done in the execution of his duty; and may hear and determi ■ . all disputes to any amoun*- concerning the wages of servants in the fishery, the sup )ly of bait, and the hiring of boats for the fishery, and the vages or share of seals of any person engaged in the seal fishery; provided that this section shall not apply to any claim or dispute in reference to damages for the alleged wrongful dismissal of any such persons engaged in the seal fishery where the damages claimed Snan exceed forty dollars. \ I 111, j, In 22 A a ministration of Jus tice— Civil Jurisdiction of Mc agtstrates 4.— The Cpurt of Sessions for the transaction of civil business m..y be hHd by one Stipendiary Magistrate. 5.— Stipendiary Magistrates out of session niay exer- cise the like jurisdiction in civil cases as the Courts of General and Quarter Sessions, with the like powers and authorities. 6.— Any of the said Courts of Sessions, or Stipendiary Magistrates, before whom judgment shall be recovered may attach moneys, goods, debts and effects, in the hands of any third party, and summon and compel by warrant if neces^ary, the attendance of any party for examination, and make and enfoi-ce the observance of such order there- on as to the said Courts or Magistrates shall appear jusf Provided that no such attachment shall affect executory contracts or debts not actually due. 7.^In all places where there shall be no resident Stipendiary Magistrate or when he shall be absent, any Justice of the Peace in or near the locality shall and may perform and exercise all the functions, powers and authori- ties, which are or might be exercised or performed by a Stipendiary Magistrate under the provisions of these Con- solidated Statutes. 8.— A Stipendiary Magistrate or Justice of the Peace in any district or place where there shall be no Clerk of the Peace, or in his absence, may perform the duties of such officer. COSTS IN CIVIL CASES. 9.— The following fees and costs shall be chargeable i 23 ; A (f ministration of yustice — Civil Jurisdiction of Magistrates. and taken in the several Police Offices, and in the several Courts of Session in this Colony: Fees Payable to the Clerk of the Peace in Civil Cases. Summons orsubpcena Cents 25 Hearing of every cause " 25 Entering proceedings to judgment " 25 Warrant in execution •' 25 Recognizance " 25 Every oath « 25 Fees Payable to Constable or Bailiff. For service of .summons or subpoena Cents 25 Executing every warrant to arrest the person, " 25 If the service or execution of the process shall re- quire the officer to travel beyond the distance of two miles, he shall be allowed for every mile travelled by him for such purpose be- yond that distance, the sum of " 10 For execution of any warrint, order, or final pro- cess of or from a Justice «' 25 When the levy under warrant, order, or final pro- cess shall exceed five dollars, then there shall be allowed to such officer on such levy, in addition to the above fee of twenty-five cents, five per cent. Witnesses' Fees. For each day's attendance of a witness Cents 75 All travelling, to be computed from the residence of the witness to the place of trial and then back again, per mile " 10 A printed table of the foregoing fees and costs shall be posted ud in a consoicuous olace in everv Police Offirp 24 !,1'£ ill : M:*-.* Jamimsfration of Justice -Civil J unsdiction of Magistrates. and Court of S(?ssions in this Colony for public inspection. lo.— Any person taking greater fees or costs ,n any lohce Office or Court of Session tiian the fees or costs hereuibefore mentioned shall, for each offence, forfeit and pay to Her Majesty the sum of fifty dollars. II. -From and after the passing of this chapter all fees paid into the office of the several Clerks of the Peace shall be accounted for quarterly by them, and be certified by the Coart of Sessions, or a presiding Justice thereof; and the total amount of such fees shall be paid into the hands of the Receiver General for the u,e of the Colony Hnd a detailed annual statement of such fees shall be laid before the Legislature. I fORMS. f. Nkwfolndlanu. NiiHhtMi District, ) Isliuid Cove, I No. J To Job 8tij?iju»8, (Jreetinj?: of vour K d(% rthe\\' 7i ;. V f '^^ ^nd i„ default ■ This Pl'iintitt may pmc-eed to judofment and e ocution. l"is day of ig9 ^ Stip. Mag. . ^, "M oj Particulars. ,89 !"" ^'^''^'"'^'««' To JOHN JONKS, Dh. 31. -One pair boots .- .. ,.,, One ball hemp [ ' ^^^^ ^^ Oo I 25 Administration of Jmtive — Civil Jurisdictiun of Magidrate^. 2. Form of Subpoena foe a Witnebb. Northern District, Island Cove, to wit : Newfoundland. To the Constables of the Northern District. These are to require you forthwith to summon John Smith of Island Cove, aforesaid, fisherman, to appear before the un- dersigned Stipendiary Magistrate for the District aforesaid, at Island Cove, in the said District, on the day of at o'clock, in the forenoon, to give evidence in a case In which John Jones is plaintiff, and Job Stiggins defendant, on the part of the plaintiff; and be you then there to certify what you have done in the premises. Herein fail you not. Given under my hand at Island Cove, aforesaid, the day of A.D., One thousand eight hundred and ninety T. WILLS, Stip. Mag. L» ^LNDLANU. 20 A'hnimstmtio,, of Justkf-.(Jh:il J.ri.dldUn, uj Mu.nsfruh: .,1 Form of Exkcittton ox Jun(nyrENT. [u] Northern District, Island Cove, to wi[ : NEWFOI^XDIvANU, Whereas John Jones lately before me, the v.nclersigned .Stipendiary Magistrate for the said District, at Island Cove huth recovered judgment against Joh Stiggins of Island Cove' aloref.aid, fif herman, for the mm of dollars and cents 1 • r'J"!? ^ Jf ^^^^"^ ^^e^'^^y required to cause to be made and levied of the Moneys, Goods, Debts and Effects of the said Job fe iggins, the said sum of dollars and cents ; and also the behalf expended for the cost and expenses of the suit ; and have you the said sums of money before me immediately after the execution of this writ to be rendered to the said John Jones and have you then there this warrant. Island Cove, day of ,„Anno Domini 189 T. WILLS, Stip. Mag. Kxr;cL"ii()\ o\ ji;i)G:,iK.\r. pnHii'i/l'*' P^^i^^iff oi; (defendant who recovers a judgment is entitled to an execution or attachment against he lo^ino houTd do'ln^n',-"^ demands it. The MalsJi-a e 1 owe "? Should do all in his power, whilst complying with this mle to prevent the proceeding being uimeces^arilv 1^1}^ ' revengeful against the losing par^ • " nd^!ouirl' f o '^ n,.* or Clerk of tJie Peace may receive the monev bv instalment I levying the execution, the gocJs shoukl bl p^>i,Sd out to the constable bv the iiart\- remiivinfr thf. u,,/,- ., i should be t^en-thun 4ml^ HiXl^^t!)'^ dSl' tS^iiXment and costs. The goods should be kept three la\^SHM'(^lSw on?li?ronl-t'^l? "'"''"I""^ ^'^"^^f« °f tl^« ^'«1« .slioul be pos ed on the Court House door, signed by the constable s itino tj,o time when such sale will take place and othrr articui- rs^ th, ?o/;£!.' 'HT"\^ "^" oxecutio/i will have to finTa co u-eyknce Sn I hi l^^^""' '^ "^««««'M'>'- 'i'^i*^ Constable must bear in mind that he has no power to break opon any doors or g-ates if lock fls'«9,"'^-S,^^ ""l"*-^ ^^''' ^'^^^ contained iii 45 Vic. Cap n' Sec 3" '^^f% Jhe working tools and in^nlements of tr'ade^n/.Jiv per' NOn, „iR fi„,„ngHK-nT or puut, (he necessary rooking apparaius . 1 «M 2/ ,\il(,iiii>xtt'iil iiiii nf Jiistic: — (Ucil Jtiri.idirfiuii of Muijitftrutt'n. Afai/isf/'d/, : 1. FOIIM Of" ATTACHMENT OX JUDOMENl'. UNDJ.ANI). linclersigned slajul Cove, sland Cove, centH. »<^ o'clock to be examined on oath touching the amount due from to the said defendant and attached in hand ia the above cause. Stipendiary Magistrate. By Sec. 4 it will be observed that a Magistrate may compel by warrant, if necessary, the attendance of a third party, called in law a Garnishee, who has or is believed to have fnnds in his hands belonging to tlie party against whom the Magistrate has given judgment. The course to be pursued in such cases is as follows • Ihe Magistrate on obtaining information that the garnishee has or is likely to have funds in his hands belonging to the judgment debtor will issue Form No. 5 and have i^, served on the garnishee by the constable. If the garnishee does not attend or informs the constable that he will not attend before the Magistrate an affidavit should be made by the constable in the following form : 2d Ar/ Impeo- tion of food. IDVERTISEWENT of Jotteiies, or udyauciug, Jeiiding, ito money by lots, cards, tickets, &c., or by any mode of chance what«ver-siibject8 offender to a fine not exceedintr S?50. See LoUeries. AFFRAY is the misdemeanour of Hghting in j.ublio to ihe terror of citizens. When tlie Queen's Peace is thus broken, either by an impromptu fight or a premeditated battle, any private individual is at liberty to interfere in the pubhc interest to part the combatants, and may, without any cere- mony, an-est any ( r either of them during the continuance of the affray, and need not be afraid of using suflicient force to put an end to the fight. See also under the heads of Riot Peace, Preservation of—- AGF.— The way to prove age is to produce a certificntetl extract of the Register of ?>irths and to prove identity of person whose age is sought to be established. The mother's evidence is sufficient in law in all cases ; where this is not ob- tainable general evidence of age can be given. See also under the head of Infoxkafing Liquors, about " apparentlr under age of 10.'" 3) AGRICULTURAL ACTS. Under this heading will be found groU|>ed togetliev tlie Acts foi- the Promotion of Agriculture, the Preservation of Sheep from Dogs, the Formation of Local Agricultural Societies, Homestead Laws, How to obtain Grants of Land, &c., with full instructions how to carry all these measures into effect. The Board of Agriculture St. John's, and the Government are \ery desirous that these very valuable measures should be more availed of by the public, and at their request I have consoli- dated the various Acts and given clear directions and form» for oarryiiig them out legally and efficiently. The first Act to which your attention is directed is the -Siieep Prescrvat: n Act. Under this valuable measure any settlement in which one-third of the resident electors are in favour of keeping no dogs can have this law carried out by simply observing the following directions : — PRESERVATION OF SHEEP : i.— lu shall be lawful for the duly qualified electors, resident within any area or district within this Golony, to present to the Governor in Council a petition or requisition in the form prescribed by the Schedule to this Act, or as near thereto as may be, setting forth the limits or boundaries within which such area or district is comprised, and the names of the towns, harbour;*, ov settlements included therein, and praying for a Proclamation I lohibiting the keeping of dogs within such area or district. 2. — Such petition or requisition shall be sent to the nearest loaident Stipendiary Magistrate, and shall be by him (after .12 Agrii-.ultuml Ac fx~P, '€.■«>)' rat Ion of 8hcep. !1 ii' i examination and certificate as hereinafter provided) furnished to tlio rjovernor in Council. o.—If, upon (hie scrutiny of such petition or re-iiUur>d Act — I'Mvet-Uittiot^ <-/ S/ire/i. who takes a wiirrii iuteiest in tlie .subject, states that wlu-ii- •vir the jiolice can assist in cnrryiuc; out th(^ law, he. \\n» ipitructpfl them to »lo ao. The Maf!;istrat# will plaoo upon the petition thr fnlloMinj* ntliHavit : — NEWFOUNDLATSTD. District, \ To Wit: S John Snooks (or ab the case may be) Police Constable, resid- iag at , in the said District, maketli oath and saith that t-he foregoing signatures are in the true and proper handwriting of the parties therein named, that the signatures of the other petitioners who have placed their mark to the said petition have all been so placed in presence of this deponent, who read over and fully explained the contents of the said petition to them ; that all the said petitioners &t^ duly qualified Electors of the District of , residing wit iU the limits aforesaid, and are upwards o ..e-third of the resident Electors within the said limits. Hworn before me Ht day of (Signed), JOHN SNOOKS, Police Constable. , this I , A.D. 189 . t JOHN SMITH, Stipendiary Magisferat#, tin 36 The Stipendiary Afagistrate tlien write. acr.,.s or atUch.i '" the petition the following certificate :- ./frf« signatures of one^lhi^d Ttl ! 7^ ' "*«»"« the ftonj residing within the Ci^'ot bLl'd Je" Utrfh' fil^^'''" petition. "uuujtneB get forth in the naid Toad's Cove, day oP , „« . JOHN SMITH, Stipendiary Magistrate. sHti.in .„„i ..IT 1 . •^^''™" ""™' tlie next |jrtcedia» *.-t,„„, aiKl all ,,uol, dog, not ,„ e«ept,a may be killed b, ;'"■'' '*'r", "'-'"-ever. Ami it ,,l,all be lawful foauT 8--Vffe,. ,,„cl, I'roclamatiuu or „„iice ,h«ll l.ave issued "•"•'. 7" '": 1"™'="''^'" from such ,,vc» nr district until tb. '.=.. a. I^reod to by the elector, of such a ea .. di' ric Tnd » new I'rodajiiatioii or notice »li«ll ,•«.„„ /"""«. ""M i«ini..t' the provisions o!^ ^Z'^ZZ.!""'''' ""''- »l^i»l. ,hall continue in full elfe:. fo^t ;:: ";.: sxpiratioti thereof. ^ *"*' 36 A ijr ic lilt iirul A cis — tHicfji- Do;/ L IrciiHrK. 9. — All penalties uirlei this Act may be sued for and recovei-btl in a sumniaiy manner beibi'e a Stipendiary Magi- strate or a Justice of the Peace, and all fines shall be paid to the person who shall give information of the oft'enco and prosecute tlic offender to conviction. [Thif< Art oiih/ appl'icx to the Electoral I)i.<. 8, Comolvhded and Rri-i>icd fo Jvbj, 1891. AGRICULTURAL SOCIETIES.— An Agricultural Society may be organized in any hjcality wherever twenty-five i)erfe'ons or more, being residents of the locality, shall become members thereof by signing a declaration in the form of Schedule A to this Act, and by each member paying not less than one dollar annually to the <"unds thereof. A true copy of such declara- tion shall, within one month after the money has l)een so paid, be transmitted to the Secretary of the Board of Agricid- ture, St. John's. ^ X^ '^9 . [;i,-i.cti/liiral Arf.s—A'jrinn/ttira/ HodefU's. SOHEDULK A. AVe, wliose names arc lioreto .sub.scvibed, agree to form oiu'selves into a Society under the |a'o\'ision.s of the Act 52nd Vic, Cap, 8, to be named the Agricultural Society ; and we severally agree to pay to the Treasurer of the said Society, towards the funds thereof, the sums set oj)posite our respective names. Xames of Siibscril)ers. Sums Subscribed. li;-;.— \Yhen any Society shall be so organized, such Society shall be entitled to draw annually, from any moneys under tiie contiol of the Board, an amount equal to double tlie amount of the subscriptions of the members thereof so raised and paid ; the payment of such subscriptions to be (certified upon oath by the Secretiiry or 'i'reasurer of the Society making application, within one month after the annual meeting of such Societv. INSTRUCTIONS FOR FORMING AN AGRICULTURAL SOCIETY.— As sorin as convenient after the money has been collected the I'Kul Agricultural Societv should be organized bv callin" a meeting of the subscribers, when the name of the Society must be agreed on, and u President, Vice-l*resident, Secretary, Treasurer, and not more than five Directors, elected by the subscribers only, as soon as IJic Society is so organi&eil.. The 40 A'jrk-altural Actg—Ar/ricultural Societies. Secretary or Treasurer must go belbro a Magistrate within one month after the first annual meeting and make the fol- lowing: aftidavit ;' — NEWFOUNDLAND. District, To Wit: 1 I, John Snooks, (Secretary or TreMSurer, as the case may be), of the Agrir iltural Society of Snug Cove, in the District of , do swear that the amounts set opposite the names of the several members of the said Society have been paid within one month after the first annual meeting of the said Society, and the foregoing is a true copy of the declaration signed by the said subscribers. (Signed), Sworn before me at day of (Signed), JOHN SNOOKS. 1 , this , A.D. 189 . i JOHN SMITH, J.P. As soon as this atlidavit is sworn to, tiie declaration, or a copy thereof, must bo forwarded to the Secretary of the Board of Agriculture, St. John's, and the local Agricultural Society will then be entitled to draw annually double the amount (.f their subscription. The Society must strictly iidhere to tlie several rules herein laid down for theii guidance. 94.__The objects of such Agricultural Societies shall be to encourage and promote the introduction of improved stock, seeds, fruit, roots, implements, methods of culture and ini- |)rovemeht in farm buildings and domestic manufactures; to hold shows and exhibitions; to award premiums for excel- lence, and to dilfuse infurmation coucerniog agriculture and 41 AnricuUitral Acta— Agricultural Hocietieg. liorticultuve. The funds of such Societies, derived from the subscriptions from members or the public grant, shall not be expended for any object inconsistent with those above mentioned. 95. — The annual nieoting of the ISocieties shall be held on the first Monday in December in each year, or as near theret as circumstances will permit, when they shall each elect .. President, Vice-President, Secretary and Treasurer, and not more than five Directors. 90._The officers appointed at the formation of such Societies shall, until the election of their successors at the annual meeting, exeicise all the powers vested in such Societies by this Act ; they shall hold meetings, of wliich at least two days' notice in writing shall be given, and at any such meeting five shall be a cjuorum. 97.— The said officers and directors nuiy, at any such meeting, make, alter and repeal bye-laws and rules for the management of such Society, such bye-laws and rules to be subject to the approval of the Board, and not to come into force until so approved. 98.— Such ofti^ers and directors shall, in addition to the ordinary duties of management, present, at the annual meet- ing in J)ecember, a report of the pro'^^'cdings of the Society .during the year, in which shall be sta die names of all the members of the Society, the amount paid by each, the names of all persons to whom premiums were awarded, with the name and class of the animal, article or thing in respect of which the same was granted, together with such remarkr: upon the general agricultural interests of the locality as they 42 A'/ric'lJftti''l/ Arf.-<- — IIn,iH.-reof, certitied by the President and Secretary to bo correct, shall bo sent to the IJoard within one month thereafter. 90 — If any Society fail or neglect to render such account nnd I'optn't, or shall expend any portion of its funds for pur- l»o,se.s other than those mentioned in Section 94, it shall forfeit all claim to the grant mentioned in the ninety-third Section of this Act for the year next succeeding, unless the J*>oard shall order otherwise. 100. — The Board juay, at any time, appoint a person to inspect the books and accounts of any Society receiving aid from the Board under the provisions of this Act, and all officers of such Society, when roquired so to do, shall submit its books and accounts to such inspection, and truly, to tlie best of their knowledge, answer all questions put to them in relation thereto, or to the funds of the Society. HOMESTEAD LAW.— This law is largely used in (\inadii, and is a ve^y valuable provision for settlers who wish to make a permanent home for their families. Full information with regard to its general application will be found in the consolidated and revised Thrown Lands Acts, published last year. For furthoi particulars apply to the Surveyor Gfli Victor ta.\ 24. — That from and after the passing of this Act, eveiy ]K'rson who ,«<]iall scfth- u]inn any of the wilderness lands of -tiv^ 4,". Aijricultai'ul AcU — lloiai'drail-i tbis Colony, and cultivate iuid impvovu the sanio, and erect a dwelling house thevcon, shall be entitled to an estate of Houie- stcad therein, not exceeding twenty acres ; and such Honu!- slead, and all rigjit and title therein, shall bo oxeini-t IVoni attachnient, levy, or execution, sale for payment of his debts 01- other purposes, and from the laAvs of conveyance, distril)ii- ['u>\\, and devise, or bequest, except as hereinafter pir.vided. 25. — To constitute such an estate of Homestead and to • ■nlitle pro])erty to such exemption, it shall be set forth in the yiant or deed of conveyance, by which the property is ac- (|uired, that it is designed to bo held as a Homestead, or after the title has been acquired, such design shall be declared in writing, duly signed, acknowledged, and recorded in the registry of the district where he property i., situated, accord- ing to the form in the Schedule A hereto annexed ; l)ut the acquisition of a new estate of Homcsteiid, in cither of the said modes, shall defeat and discharge any estate or right of Homestead previously existing; but no person shall hold, exempted as a Homestead, land of greater extent than twenty acres. And for every registration under this AvX, there shall he paid to the liegistrar the sum of one dollar. [Ilonestead lUg1d.<, 47(k Victoria.] o2.—Any person Nvho is sole head of a family, ov any male Avho lias attained the age of eighteen }'ears, may, upon payment of a fee of ten dollars, obtain a location ticket for any (juantity not exc?.eding one hundred and sixty acres of such unappropriated Crown lands as shall be set apart by the (iovernor in Council for the purpose of securing a Homestead right. The application shall be in the form prescribed by Schedule B or Schedule 15 1 to this Act, and the location ticket in the form prescribed by Schedule C to this Act. 'i^; U «v: AijrmiUnral Arts-IfomrstnuUj^ ^rnnt in fpo fur a Homestead the ])ev- ;i3 —To secure a grant in itc lui ^ son claiming sncU Honrestead right must- n ) Commence clearing and i.nproving on the lot as- ^^^ signed lum^vithin six months after the date ot his location ticket, fo-) nuil.l thorn™. ^vitlHn t«u ycv., from s,.cl. daU-, a ^'■^ house fit for habitatio,, of „ot less . n„e>..o^ ll,„„ twenty feet by sixteen, and stall deal anl cultivate not loss than three aeres by sowing o, lilanling the same, Ci) Cultivate and dear not less than six aeres within ^^' nee years from sudi date, and each year actu la,; Ld continuously enltiva.e all the land cleareu during such three years. ru Beside actually and eontinnously upon sud. land ^^^- to the term of three year, next succood.ng ,«di date, an.l theiiee up to the issue ot the grant. ,4 T„ ea..s where any person shall have entered upon Crown iTid devious to the passing of this Act. and made ^heLi. ■" i orious improvements, wliidi amount to a com- SSSa::=fr:;xt-::: payment of a fee of five dollars. 45 Aoricult.ral Acts-Grants of Laud. HOWTOOBTHINAGRANTOFUND-n TI,n n ^•onncil luay issue ,..nt,s in fee. i ^:~^^ ^^^ '" '" any one grant, of unapproprintod Crown ^^.^^' "'''' in township survovi to an v no ""^ '""^ "'^^"''ed npplicdforlu.vin.boni; '^''''^ '''''' 1^^»' acre, tl.cland -'yostofti.;:^;:::::;-^^^^^^ or in favor of the applicant. ^ " "^ '"'''^>' or .f livo doll.,, rr :,::''/'■'"'!' ™ '»'>""-' "f » ^o '--'■"»""= hunt;: j ■;;;':;; ::::>; ll""'«nd four i,„„dr«i „e,-.s s„wL i T' "'"" ^'^ '■»"■'- .shall, within tw ;: t , :,r" r™/''''' "'" l-»il.v fo.' ead, one In.ndrod n " ;iw ' ' ,"'° '"'"' ""° J)imi on of the ^ai,] fi... ,. ^ "'^ "°"^ ^'he ex- tlie said land. ' ^'^ "'' •^'''^"t in fee of "ot cxceedina five ve-.r. f. . i '"'i' suiveys, for a term '"^ iivc )ears, to such persons aq <;lnli k^ ^ • "^ p'Tnianenrlv setflinr, n„ „ / ^ ^'^/''^ '^'^ shall be desirous .„.). ■periling on and cultivating the samp t. such norsniisi -i" oi.^n i ? ° ^ oanie. ±o '-■y ed , '7 /"'""■*''■• ""'"«">■ ->-i contin,,. i«i d of :' ; ,::'" "", ■'» '»"i - ii«n.ed ,„,. . yea,., f,„„, „,„ a„tc of tl.o license, and shall 46 Ayriculiural Actn — Foniin. have cultivated vvitliin that period two acres of the said land, the Governor in Council may issue grants in fee for tlic • luantity of land specified in the license. SCHEDULES. FouM Of Schedule A. (36th N'ktohia.) To all to whom these Preaenta shall come, Greeting: I> , of , under and by virtue of the provisions of the Homestead Act of 1873, liereby declare that 1 design and intend that all that piece or parcel of land situate at [here state locality] and owned by me, and bounded as fol- lows, [here set out boundaries] shall be held by me as a Home- stead under the said zVct. In Witness whereof [ have her-eunto set my hand thii day cf , A.D. 18 . The execution of the above was acknowledged before and deposited with me, for registra- tion, this day of , at o'clock, by the said A.B. C. D. Registrar. .SCIIEDULK I).— {,'<('€ Serti„ii :\-2.) Ft'HM of , do hereby applj' for a home- stead of acres of land situate [here describe the land] under the homestead provisions of " The Crown Lauds' Act, 1884," and I declare that I am over eighteen years of age; that I have not previously obtained a homestead under the provisions of the said Act ; that there is no person residing or having improvements on said land ; and that this application is made for my exclusive use and benefit, Avith the intention of | residing upon and cultivating the said land. % 47 AiirknUitral Art.'< — Fonnx. SCHEDULE 11 \.—{^en Section 32.) Im-hm or Application nv Agent for IIomkstkad Ku.ht. I. ,of , agent for , ^ • ,of do hereby on behalf of the said apply for a home- stead of acres of land situate [here describe the land] iiiuler the homestead provisions of the " Crown Lands' Act 1884," and I declare that the said is over eighteen years of age ; that he has not previously obtained a homestead under the provisions of the said Act; that there is no person residing on or having improvements on said land; and that this application is made for the exclusive use and benefit of the '''"1 > with the intention of his residing upon and cultivating the said laud. hand thii SCIIEDULK C.-~(Sr,' Secfiou 32.) FouM or Location Tickkt. This is to certify that is entitled, under the provisions of "The Crown Lauds' Act, 1844," to enter upon [here describe the property] containing acres, for the purpose of securing a homestead right in respect thereof. 4S ALIENS-NATURALIZATION OF. m ■ Ul N -NUTURALIZATION OF.-] .-Any aliu, not being under any c,.d„hty, who shall desire to beeonio natumlijd as u BritLsh snbject, and who shall have resided in this Colony for a period of five years next ],receding the date of the deelara- tion hereinafter mentioned, may make and sign before n Mipendiary Magistrate a declaration in duplicate in the form ol hchedule A to this Act. 2 After such declaration in duplicate shall have been su made, signed, and deposited with such Stipendiary Ma-a- strate, ho may sign and deliver to such alien a certificate^'of naturalization m the form of Schedule B to this Act. r '\~^^T1 ''^''" '"'"''"^^ '"^'^^ certificate of naturaliza- tion, shall forthwith take the oath of allegiance and subscribe the same m duplicate as set forth in Schedule C to this Act and until such oath shall have been taken and subscribed the ceitihcate of naturalization shall not be valid. 4. -Such Stipendiary Magistrate aflniin.stering the oatli allegiance shall certify under his hand, on sucl^certificate of naturalization, the fact of the .same having been taken and subscribed in the form of Schedule 1) to this Act, which cer^i hcato shall be evidence of its contents. o.-One copy of the said declaivtion and oath of alleai- ance so made, signed, taken and subscribed, shall be trans- in.tted by thn Stipendiary Magistrate to the Colonial Secretary ii;vP'i 49 A lifm—Nuturuiizution <>/. and the otl.er to tlu- Chief Ckuk of the Supremo Court, to l.e filcil lu their res])ective ottices. O-.-Kveiy alien sliall pay to the Stipoudiarv Ma-isimte a J. .. of two dollars an.l i\hy cents upon recei^in. the sail «rtih.-ate ,,,f uatuiulization, two dollars of which ho shall tiMUsniit to the Iteceiver Gcneiul fer the ,i.se of the Colony auu letain fifty cents to his own use. 7.— An alien, having complied with the provisions of ihis Act. and receiving such ceriificate of naturalization, shall l-e entitled to all the nghts, privileges and immunities, and •subject to all the liabilities of British subjects in this Colony • • provided that nothing in this Act contained shall (qualify an an alien to bo the owner of a British ship. 8.-Any person Wilfully and con uptly making or sub- * scribing auy declaration under this Ac^, knowing the same to be untrue in any material particular, shall be gui -' a inisdemetuior and be liable to imprisonment with or nut hard labor, for any term not exceeding twelve month.. 9.— In this Act, if not inconsistent with the context or .subject-matter, the term " disability" shall mean the state of iH'ing an infai/ lunatic, idiot, or married woman. 10.— Chapter 72 of the Consolidated Statutes, entitled " < )t the Naturalization of Aliens," is hereby repealed. 11.— This Act may be cited as " The Act for the Natur- alization of Aliens, 1891," /() Aliens — F^ii-iits f.ii SCHEDTJLES. Form of Scheuulk A. Colony op Newfoundland. To wit. Ian/ t ' "" v.. f r 'i'' ^^"^ '''''^ ^'°^°"y °^" Newfound- ' ' ' heretofore oft HpHpt-o +1,0+ t u rpsirtpri in fVw. „„-j i-1 1 „ ' "6Ciare tnat I have lesided in the said Colony of Newfoundland for the period of five years next preceding the date of this declaration anc Uh^t I am desirous of becoming a naturalized British sublt; Signed and declared by the said before me, at " aforesaid' this day of ,139 C. D., Stipendiary Magistrate. » Insert place pf residenc. of stipendiarv maffistr^ - Name of declarant, residence, and occuSn :; Former residence c^f declarant and SS?nal%. Decl'irant. FOUM or SCHEDULK B. Colony op Newpoundlai^d I certify, that « , heretofore of t h^vin. complied with the provisions of " The Act for the NatuSla beTo'^^'^f' '?'" '^'^"' "P°" "-^^"S- tHe oath of a^^l'^^^tee" forth hP^^rf''"^ ^""'^ ^"^j^^*' '-^"^ «hall from Vhence forth be entitled to a., the rights, privileges and immmme and subject to all the liabilities of 'a natur!l-born BhS ub: .jeet, as provided by the ?aid Act. Dated at , in tl)e said Colony, this day of ^ igg . A. B., s tipendiary M agistrate. come Surllif^d.'^'^^^^^^^^^^^ to be- t Former residence and nationalitv. 51 Aliens — Formn. Form op Sciikdulk (J. Colony of Newfoundland. ^) ■ , do 8v dr that I will be faithful aud bear true allegiance to Her Majesty Queen Victoria, Her Heirs and Suc- cessors. So HELP ME God. Sworn before me, at , in the said Colony, this day of , 189 . A. B., Stipendiary Magistrate. » Naine of person. FulSM OF .SCHEDUM'; 1 ). Colony of Newfoundland. I) ■ , hereby certify that t has this day taken and subscribed the oath of allegiance as a British sub- ject, in accordance with " The Act for the Naturalization of Aliens, 1891." Dated at . in the said Colony, this day of , 189 . * Name and residence or stipendiary mat^istrat < i Name, residence and occupation of alien i jlvina' to be nati'.ralizti. ^ i"2 /IPPE«L-JIPPRENTICES. jurisdiction there is .n .n 1 1 , '^' ""^^'' summary ""'!«■ Lis Land, of an mZT "'''"■°™ ''•*' '"''"'"S' shall i,„ satisfio.1 of 2 , ' "'''°" ''■"""""'ion he "»>rc.,s, apprentieo or otiior p,nC \^^ ,"""'"' "'' "■0 ..=..,., of .„,„ i,K,.„,,r:f ;„,:;;'"" "^ ""-^ '■""« "- t'- app..„uoe stall nld'ni' ,.;,:;.:"'''™'''^^ '/'^- "'■ "• O.) clpprenficco and MIiku witliiii the town or district where tho nuioter or mistress re- sides shall, upon such complaint being nnide upon oath before him, cause the parties and their witnesses to be brou"lit l)efore him by summons or warrant, and if, u])on en(juirv into such corajilaint, default shall b(> found in tho master or mistress, such Justice may either impose a fine upon hiiu or her not exceeding five dollars, to be levied by distress and sale of the offender's goods and chattels; or discharge such apprentice from his apprenticeship, upon which discharge being made in writing under the hand of such .Instice, the indenture shall he void ; and if default shall be found in the apj)ivntic'e, such -lusLloe shall oi'der sucli abatement to be made out of his or Iier wages or allowance, ox cause the a,pprentice (if a male) to he imprisoned, with oi' witliout hard lalx.r, foi' any period not exceeding ten days ; and in addition to such abatenumt or imprisonment, sncli Justice may dischai-ge the a])prentice by writing under his liand, w;>ereu])ou tlie indenture shall Ixi void. .'). — iS'othing in any indentur(! of a))j_)renticeshii) siiall be of any force or etYect to recpiire the executor or administrator of a deceased master or mistress to keep or maintain the ap- prentice more than one month after the death of such master or mistress, and at the exjiiration of such month the inden- tur(! shall be void. 4. — Any person harboring an indentured ai)])rentiee after notice, shall be liable to a penalty not exceeding fifty dollars, t(j he recovered before any Justice in a sunimarv ])rueeedin«'. and by levy under his warrant of iiie (.ifender's goods and chattels ; and if such warrant shall not l)e satisfied, the Jus- tice may commit such offender to gaol for any period not exceeding twentr davs. ■^i[)jir(:iiticc--< tuiil AHhiu:^. o — All jieiuiUir.s iiupcisod inidi:] Ijjis cliiipUT sJiiiH hr I'uid t(. lIr. i,ari,y Jiiakijig tlu' c()]U|,;;ii!!i, or .ni \vli„so liidialf tlie same sluill liave been uirule. G. — F()lt^r ok Ixiikxtiim;. — This Indenture, made at. , in tlio Island of Xewtbuud- land, tlie day of , in • lie year of our Lord one thou- sand eiglit hundred and ninety- , between Witncsseth tliat tlie said by and with thc"con:sent and approval of , Esquire, a Juatico of the Peace, for the Island aforesaid, testified by his signing these presents, hath ]nit placed, and bound, and by these presents doth pat, place and bmd himself unto the said , to dwell and serve after tlu> manner of an apprentice, for, during, and until the full term and time of years, to be computed from the during all which time the sajd apprentice his said master faithfully shall serve, his seorats keep, and all his lawful commands everywhere gUdly do : hurt to his said master he shall not do nor waste, nor embezzle his goods, nor suffor such thinj-v to be done by others, without to the utmost of his power giviu"- notice of and preventing the same. At cards, dice, or other unlawful games, he shall not play ; ale houses, taverns, or houses of ill- fame, he snail not frequent; nor absent himself by day or bv night without leave first had and obtained ; but in all things to- Avards his said master and those of his tamilv as a good, honest and faithful apprentice demean himself: and the said dotli hereby covenant and agree to teach and instruct, or cause the said apprentice to he taught and instriieted, in the trade, art, or mystery of a , and also during the said term provide for and give the said apprentice good and sufficient meat, drink, and lodgings ; and shall pay or cause to be paid to said ap- prentice during the said term, wages as follows ; that is to say, !ji . [so much a year, or a lump sum as agreed on.] In M'itness whereof the saki parties to these presenti., tiieir hands and seals interchangeably have set, the day and yea>- first above written. Signed, sealed and delivered, ) in the pressnce of i .____ Approved of June 10, 189 . T. Wills, J. P. q O O o ;■)!) ^ AHREST. — III oi'fU^r to iUiv^^L a jn-isoiicr theic inu.st lu' an actual tiiiicli or rostvaint of tlie oft'eudor. Tiicrn is no sjmcial fonuula to lie used in inakiiijj: an ■,\v\v<\ ; rlic words — "you arc my jirisoiK'i'," oi', " 1 aircst yon in tliu (t)UL'en's name," — citlior will do. Tlierc should Ik; no unnecessary violence uaed in making an arrest ; nndin- all ]trovooatit)u a constable should ]<(■(']) his ten.2)er even if in danger ol' his lil'e. lie should uiiver slio\\- anger or vindictivenos towards his ])risoner. W'hdst it is always the safest coevse to obtain a warrant, (lu.'re are numerous inslances in \\-iiich a coin^luble must act instantly, and without a. wairant in cases of serious erirues, inurd-i', \-c., proniplitule and smailness are the most essential cleuKuits in good poliee work ; delays are ];rovei'bially dau^er- oas. In carrying out a. constable's duty nmiecessary d lay is very liable to produce a failure. li" tho eonsta.liK' is aware that a serious crime has been eojumitted, or, he ha.s a sivong suspicion amounting almost t(j coiiviction in hi. niind, he should ai'rest the offender at once. FELONIES. — A constable mn.-t arrest wIlIkuU a waria.nt any une wliom he sees in the acl of counuitting a felony, ile may also arrest any one wlann lu; nuiy have just eause to suspect to bo about to coniniit a h'lony. l\: the constable suspect a jKM'son to have committed a felony la.' should arrest liini, and if he liav(> I'oasonable grounds for his susjacions he will lie justilied, even though it should afterwards appear iliat i!o I'elony was in fact committed: but the consiiiblo must be I'.niiious in thus acting on h\< own suspicions. A rn:-r.-<, if necessary, to get in, pruvided he first demands admi. sion, stating who he is and his business; but the breaking o;.:. ...r outer doors is so dar.gerous a proceeding, that the cx))\-,\.JAc never should resort to it except in extreme cases, and viH-n un immediate arre it is necessary. TIME AND PLACE OF ARREST.— A person may be appreliend- cd in the night as well as the day, and in any place. Arrests may be made on a Sunday in any case of indictable otTence. BREACH OF THE PEACE.~A constable may apprehend with- out warrant on view of a breach of the peace, but not after the affray is over, unless it is evident a serious assault has been committed, or a dangerous wound given, or tiiat there is ground to appreliend a renewal. When the offence has not yet been committed, but when * breach of the peace is likely to take place, as when persons are openly preparing to fight, the constable should take the partie.s concerned into custody. Arn.-I- -Alnt.-eaceal)ly> but liaving no right to enter, aiid the owner rocpu'st the con- stable to turn him out, the constable should iirst re([ue.:.t him to go out, and unless ho do so, he should turn him out, in either cas(^. using no more force than is necfssury Ibr llie purpose. SUiyiMARY. — The following is a suiiimary of the princijial crimes and offences for wliich a constable can arri-st offenders without a warrant. Offences against the jierson [2-!- .<■ 2o \'ict. e. lUU]. — Murder, manslaughter, wounding, *tc. . . . Abdtiction, rape, using mentis to procure abortion, concealment of liirtli, eliild stealing, ])igamy. sodomy, and l)estiality. Offences against property [24- & '2~) \\cX. c. DC]. — JJol)- bery, burglary, housebreaking, stealing tVom dwelling-house, &c., larcenies generally, embezzlement, re.ceiviu"- stolen "()ods, obtaining goods and nu)ney by false pretcaices, fraud, ^c. In all cases of fraud, however, the cons.table will (h) frell fo pj'otcct himself liy \\w warrant of a Jusliee, 59 Arr.sf — Arj'i;-8, !)<) 1 I'crsons ran also be arrested witJiout warrant lor oifenees ;i,u;iiusl the IVnal Servitude and Prevention of Crimes Ads; II nd (or the erinu's of treason, smuggling, conspiracy, night p.iiiching, I've. Ii'.' followinu' ]»ersons are hable to arrest \vith(jut liUll desi'il.T.s^ ])edl;irs without 1 Avar- c., whom tlie icense, persons found at constable nuiy suspect eommii a feIon\-, persons cxnnmitting breaches IfiMiders ;!gainst N'asrantAcl, n:gli(, ]]] auv highwii',-, \- to be about 1' III ni'iMJC, ( lie \ aura i 111 ut Act [5 <;eo. 4, (!. 8;5] divides v agrants into (■jKirate elassi-s— vi/., idle and (h'sorderly per r.igiics and va-aboui-Is, and incorrigible ro< Son- "!• '■ 'U-lalili! ma,y at oiu-e ariw^t and lake befor. ].H'si;ns c.immitting olfcncL's. ues. Anv oHicer !i magistrate •■(ClIlKlit I :/' '^"/f/. l(il'S()ll.-< ( >hsl ritriimj /i 'nil in ARREST BY PRIVATE INDIVIDUALS.- 1 !y our locallaw person. '•'ii'ijiUiiii^- malicious injury to i.ropcrty and to eledric tele- ijilis niiiv 01! arrested without IM-e j;!(i a warrant. [See -Alanual, .— rile person so a]i|)rcheiided is in all taken h^rthwith, that is a s soon as r cases to be easonably may ])e, before 60 Arrritf — Arrpst hij Prirafo Individuah. sfjme iieighliouring Justice of the Toace, to be dealt with aiv cordinj,' to law. Wiieii eitlier of these courses is duly taken, it is clear that there is no necessity, as under Jervis's Act, for a previous information, summons or warrant, the pro}ier coursp •'=' for the person taking the offender before the .Tustice to state to him the offence for which ho has apprehended the offender, and tlio Justice may there and then proceed to hear and determine the case or postpone the hearing, to such time and place as in iiis discretion may seem meet ; {n) of co'.rsc wlien once the offender is so brought before the Justice ho has jurisdiction to try and will try it as in ordinary summary cases. .a Cfreare«— Notes. Criminal Law, Consol. ActH, p 370. 61 Ardon. ARSON.— Sotting fire to a building, ships, woods, corn, coal mines, &c., is a felony, and is all regulated by the Con- solidated Criminal Statute 24 & 25 Viet. e. 97. There must be an actual fire or burning of the building, but there need not have been a blaze, any burning of any portion of the building will be sufficient. A man may be punished for burn- ing his own or any otlier property when the act is committed with intent to defraud. It is not necessary to state the intent to defraud or injure any particular ]ierson, but it must be proved that the act was done with intent to injure or di-fraud some person. Attempts to commit arson, felony, Picnish- ment, imprisonment not exceeding two years; and if a male under the age of 16 years, with or without whipping. " Whosoever shall unlawfully and maliciously set fire to any dwelling house, any person being therein, shall ho guilty, of felony." Whenever there is any suspicion of arson police should carefully examine the building and note any evidence of incendiarism. Pieces of wood, shavings, &c., saturated with kerosene or other infhimmable substance, shav- ings strewed about and partia burnt should be kept to be produced at trial. Any other evidence of fraud should be noted, such as I'emoval of furniture, stock in trade, &c. ; over insurance, &c. Arson is a secret crime and very difficult to prove. (t^ ASSAULT. Ill RSSftULT DEFINED. — J-i — An a.s.>ucult is an aUeinpl by force, or violence, to do bodily injury to unotber. It is an act of aggression done against or upon tbe person of anotber witbout bis consent ; not necessarily against bis will, if by tliat is implied an actual resistance uv expression of objection made at tbe time. It is not necessary tba' be party sbould receive an injury, striking or tbrowing a stone, or riding at ru- otber, setting a dog at bim, or striking a liorse wbcreon anotber is riding, wbereby be is tbrown, or bolding .ip tlie band in a tln-eatening manner, all are assaults, a kiss if unwelcome is as mucli an assault as a cull', any otbcr circumstances denoting at tbe time an intention, coupled witb a present ability, of islng actual violence against tbe person, will constitute an assault. If tbe person be actually struck or even toucbed, tbe oifence is a battery, wbicii includes an assault. 15ut in ord r to con- stitute an assault punisbable by tbe criminal la\.-, tbe act must bave been done witb a bo-^ile intention ; for in-tance, placing tbe band on anotber person's sboulder to call 1^..; ot tention to tbe bosc of a fire engine, is not sucb an assault. Mere words do not nmoinit to an assault. A breacb of tbe peace can only bo justified wlien used tu ])reveuL a keacb o!' tbe peace, altbougb tbe circunistanees of tlie jirovocation may be taken into consideration in awarding tbe pnnisbment. It is clearly establi.'sbed by tbe recent case of Jl. v Pearso-", 39 L. J. (M. C.) 76, and 22 L. T. (N.) 126, tbat Justices 68 Asttuuii — Coianiuii. Arnault, have 10 S'lnnmary Jurisdioiioii in any case of assault where ii 4Uf;dU';i' n title iirisos, ulthough there may h..ve been an t'xc<:3S rS force or violence in tho as.satilt. The nnnedy will ho h ill i.Um'TU. In u i)rosecution for u^.siiultiiitr '.h(i con- stable, it is .sulHcitiuL to ,SVon^p.62. CniWMON ASSAULT — V.'here any jicrson shall unlawfully iissault or beat any other person, two Justices cf the Peace upon complaint () hear aod determine such offence — Piuiislniwnf, on conviction, at the discretion of the Justices, either by impri- sonment in gaol I'or not exceeding two months (j'), or else such Hue as shall a])pear to llieui \n be meet, not exceeding, to- gelliei with eosto (if ordered), the sum df twenty-f(iur dollars; and if not paid, either immediately after eonvietion or within (a) The complaint, under the 42nd and 43rd sections, need not be npoii oath unless a warrant be granted ; the proceedings being, under the 76th section, regulated by Jervis's Act, and there being nothing in that Act which requires the information on which a Hummons issues to be on oath. The complaint under s, 42, may be " by or on behalf of the pai'ty aggrieved." thus enabling a parent or a friend to complain on behalf of a eliild, and under s. 43 by the " party aggrieved or otherwise," i.e., either the party or a stranger.' [25 J. P. 658.] (b) The jurisdiction Oi the Justices will not be taken away by the parties settling the matter without the sanction of the Justices. They can still hear, and if the evidence be sufficient, convict of the offence. [Ex parte Bryant, 27 J. P. 332.] (c) If an assault on a constable be such as might be justified in point of law, if the complainant had not been acting in the execution of his duty as a Constable, it will be necessary ^ > proceed for the offence of assaulting him in the execution of his dutv. 64 Asmvlt — Assault un cam ConsL'hle. such period as the said Justices shall appoint, imprisouiiient in gaol, with ov without hard labor, (a) for not exceedi ig two months (h), unless sucl^ fine and costs be soonei paid [24 & 25 Vic, c. 100, s. 42.] ASSAULT ON ANY CONSTABLE.— Where any person is con- victed of an assault on any constaljle when in the execu- tion of his duty (e), such pei'son sliall be guilty of an offence against this Act, and shall in the discretion of the court, be liable either to pay a penalty not exceeding ninety-six dollars, and, in default of payment, to be imja'isoned, with or without hard labor, for a term not exceeding six moi'.ths, or to be imprisoned for any term not exceeding six months, or in case Us 111 (a) Consol. Stat. p. 231. In all sentences of imprisonment under summary convictions, such sentence of imprisonment may he with hard labour during the term of imprisonment, in the'discretion of the convicting Justice. (b) The term of imprisonment is now regulated by tne amount of the penalty. [See Summary Jurisdiction Acts 1879.] (c) It is sufficient in the case of all peace officers to prove that they acted in that character, without producing their ap- pointment [Berrymanw Wise, 4 T. R. 366]; and in Butler y. Ford 1 C. & M. 622, the Court held that proof of acting Avas sutB- cienft, although the constable was appointed under a local Act. In R. v. Forbes and another, 10 Cox C. C. 382, the defendant was convicted befort^ the Recorder of London for assaulting two police officers who were in plain clothes, although the prisoners contended that they did not know that the m*Mi were constables. A pei'son charged in the intormation with assaulting a constable in the execution of his duty, cannot be convicted of a common assault on the hearing of such information [R. v. Brickhall, 33 L. J. 156] ; but a fresh inform .tion may be laid. On an indict- ment for assaulting a constable in the execution of his duty, it appeared that the assault was committed whilst the constable was attempting to arrest the accused on suspicion of having stolen trees under the value of one pound which the accu^ed was carrying— to show that the constable was justified in sas- pecting and arresting the accused, the constable was allowed to be examined in chief as to the general character of the ac- cused, but not as to the ground of his suspicion. [R. v. Tuber- field, 11 L. T. 385,] 65 Assault — A(/rjravatcd Assanlt on Women and Children. such person has been convicted of a similar assault within 4& TQ two years, nine months, with or without hard labor, ?^r^ Vict. c. 112, s. 12] (a). AGGRAVATED ASSAULT ON WOMEN AND CHILDREN.— When any person shall be charged before two Justices of the Peaee or a Stipendiary Magistrate with an assault oi battery upo:' any male child, whose age shall not, in the opinion of such Justices, exceed fourteen years, or upon any female, cither upon the complaint of the party aggrieved or otherwise, the said Justices, if the assault or battery is of such an aggravated nature (6) that it cannot in their ojjinion be sutliciently pun- ished under the provisions hereinbefore contained as to com- mon assaults and batteries, may proceed t(j hear and deter- mine the same in a summary way. — Fanitihinent, on conviction, by imprisonment in gaol, with or without hard labor, f(M' not exceeding six months, or a fine not exceeding (together with costs) ninety-six dollars, and in default of pay- ment, imprisonment in gaol, for not exceeding six months (but not exceeding two months if the penalty does not exceed five pounds,, see Sumumry Jurisdiction Act, 1879), unless such fine and costs be sooner paid; and if the Ju.stices (o) This section does not create the offence of assaulting' a constable ; but whr any person is summarily corvicted of an {.ssault on a constable under any of the several statutes relating to borougn, county, special, or other constables, then the pen- alty or iiiiprisonment authorized by this section is substituted for the punishment imposed by any former statute. The right of appeal given by any statute doe's not appear to be affected. The punishment for the offence of " resisting a constable in the execution of his duty" is not altered by this section. (b) A conviction may be sustained, although evidence may be given in support of a higher offence than that of assault, as rape, as the Justice may consider such evidence iu'jufficient or untrue. If, however, a felony be proved, the offender should be committed for trial. \'Ex parte Thompson 30 L. J. 19, and Wilkinson v. Button, 32 L. J. 152.] GC) AHuault — Ccrtitirutv. of l)if}iii^t<, where the complaint was preferred l)y or on behalf of the party aggrieved, under either of the last two preceding sec- sections, shall deem the offence not to Ijc ]»roved, or shall find the assault or battery to have been justified, or so trifling ii)]»auied 1)}- any aitempt to commit felony, or bo of opin- ion that the same is, from any other circcumstances, a fit si'.lijeet for a ])roseciitiou by indictment, they shall abstain from any adjudication thereupon, and shall deal with the case, in all lesjiocto, in the same manner as if they had no authority li'irtlly 1(> hear and ditermine the same : Provided a^so, thai iiothino licivin contained shall authorize any Justice to hear ami iletirniinu any case o[ assault or battery in which any iliiestion shall arise as to the title [b] to any lands, tenements, oi liL'r'.Hlilanienfs, ur any interest thereii' or accruing there- fid '. oi as (() any iirsolveney or any execution under the ]iiocess (if any ciunt of justice. [Id. s, 46.] "1 Rut if tliere be ueitlier a dismissal with a cert'f ^.n.ttj I lie. L I iioi' a conviction, but merely an order tor the o v id- aut to eiitei- into his reoognizaiice to keep the lueace lU pay tlu; costs thtu'eof, no release can be pleaded. iHartlei; v Hind- marsh, 33 L, J. 254.] Conviction, with payment of the flue, is au ans„er to an action for injuries to business occasioned ^"- ^he assault. [Solomon v. Frinigan, 30 J. P. 756.] (/;) There must be some colour of title, tl1 68 Assaulting Clergijineu — Assanltiuij Maijistrates, Etc. ASSftULTING CLERGYMEN, ETC.— 20.— Whosoever shall, by threats or force, obstruct or prevent, or endeavour to obstruct or prevent any clergyman or other minister in or from cele- brating divine service, or otherwise officiating in any church, chapel, meeting-house, or other place of divine worship, or in or from the performance of his duty in the lawful burial of the dead in any churchyard or other burial-place, or shall strike or offer any violence to, or shall, upon any civil process, or under pretence of executing any civil process, arrest any clergyman or other minister who is engaged in, or to the knowledge of the offender is about to engage, in, any of the rites or duties in the section aforesaid, or who to the know- ledge of the offender shall be going to perform the same, or returning from the performance thereof, shall be guilty of a misdemeanor. — Pun. imprisonment not exceeding two years, [Id. s. 36.] Indict, offence. ASSAULTINC WAGISTRATE, ETC., ON ACCOUNT OF WRECK.— 21. — Whosoever shall assault and strike or wound any magistrate, officer, or other person whatsoever lawfully authorized, in or on account of the exercise of his duty in or concerning the preservation of any vessel in distress, or of any vessel, goods, or effects wrecked, stranded, or cast on shore, or lying under water, shall be guilty^of a misdemeimor. — Pun. iniprison- ment not exceeding two years. {Id. s. 37.] Indict, offence. (See cases under " Ouster of Jurisdiction," title " Practice," post, and pages 14 and 15 Manual.) Justices cannot convict where the assault has arisen from any of the causes mentioned in the proviso to the 46th section, although there may have been excess of force or violence. [E. v. Pearson, 34 J. P. 582.] If the summary jurisdiction is ousted, the Justices may commit for trial at the S'TDreme Court. 69 AfsauU with Intent, to Commit Felony, or on Peace Officers, et,\ ASSAULT WITH INTENT TO COIWMIT FELONY, OR ON PEACE OFFI- CERS, ETC. — 22, — Whosoever sliiill assault Any person with intent to commit felony, or shall assault, resist, or wilfully obstruct any peace officer .n the chio execution of his duty, or any person acting in aid of such ofHcer, or shall assault any person, with intent to resist or prevent the lawful ai-m-ehen- sion or detainer of himself or of any other person for any offence, shall be guilty of a misdemmnor. Punishment under foregoing section not exceeding two year's imprison- ment. Indict, offence. 23. — Whosoever shall be convicted upon an indictment for any assault occasioning actual bodily harm. Punishment, imprisonment not exceeding one year. 24. — Whosoever shall be convicted upon an indictment for a, common assault. Punishment, imprisonment not ex- ceeding one year. The (Jourts of Quarter Sessions, in St. John's and Har- bour Grace, have power to try in a summary manner vithout a Jury all cases of assault and battery, cutting and wounding, gr-;vous bodily harm, and attempts to commit injury to the person, except attempts to commit murder and rape, and to punish the offender on conviction with six months imprisonment or $100 fine, and to give compensation to the injured person. See Summary Jurisdiction. 70 BAIL. BAIL is not taken in eases of muiHk'V unh'ss by express order of the Attorney General. [I] In all eases of felony; [2] assaults with intent to commit any felony ; [3] any at- temi-t to conunit a felony ; [4] obtainin- or attemjiting to obtain i)roperty by false in'etcnce.s ; [5] receiving stolen i-ro- perty; [G] perjury; [7] concealment of birth; [8] will al or indecent exposure of tlie person ; [9] rie.t ; [10] assault in pur- suance of a consinracy to raise wages; [11] assault upon a peace oflicer in the execution of his duty or upon any person acting in his aid ; [12] neglect or breach of duty as a peao^ olFicer the jNlagistrate has a discretion to take or refuse bail. In all other cases of 'udiclable nusdemeanors the prisoner has a right to be admitted to liail, and upon his tendering substantial sureties, bail must not be re- fused—whilst absolute discretion is given to the Slagistrate in the iirst list of cases (11 & 12 Viet., e. 42, sec. 23),-h.e should not refuse baU if ho is satislied th;;t there is no dan- ger of the prisoner running away and substantial sureties arc tendered. If, however, he has doubts vipon the point, or he believes that the ends of justice will be defeated by allowing the prisoner to go at large, he should use his discretion aboui^ admitting liie accused to bail, i^.ailing a prisoner is a judicial dutv and no personal considerations must influence the Magistrate in granting or refusing u. Jiio'l — /'(//• l'n:/ llh'(iifln,iifr (Mldi'i'iL"] 10. — Whenever a complaint, on oath, shall bo made before any .riistiee, by nny woman charging any person with hnving gotten her with child, which child is likely tn bn born 75 liustanlij. a iMstunI, and become cliargoablo to the colony ; and when- ever a conii.laint, on oath, sluill be made by any person charg- iii.i^ any other perscn with bcinj,' tlie father of an illegitimate ehikl, chargeable, or likely to become cliargeable to liie colony ; siieh Justice shall is.sue \m warrant and cause the party charged 1'. b(i brought before him; and if, upon enquiry, such charge shall lie sustained, and it shall not appear that the mother of the ehild was a common prostitute, such Justice sliall make an order alliliating such cliild U].on the party charged, and re- quiring security, by bond to the Stipendiary Commissioner of the Poor at St. John's, and his successors in oflico, to be giv.ii I'nr the sup])ort and maintenance of such child until it shall liMve arrivc.l at \\w. age of ten years, or sliall die, or be satis- r.i'iuiily jirovided for; and in case sucli order shall not bo I'liihwiili ol),.y, ,i, sucli Justice may sentence the party charged I" iiiipiisoiuneiil ill til,. ,:„n)mon gaol, with hard labor, for any |"'ii"d ii"t exeevdiiig six months : Provided that if, after •■"niiiiiiiiil, ihe jiarly charged shall give such security, he shall I'c loithw ith di.schaiged ; and where the Justice shall deem it n'asoiialile, iu (he cas'j of a child not already born, final order njioii the rli.iige may be jiosiponed until after the birth of the Hiild, (he parly charged giving security to abide any order to !«■ mad" Mgainst him. [See. 1. ( 'onsol. Stat.] 1 I.— Th'j provisions and proceediuf^s mentioned anc' con- t.iiii' •! in tiie second and third section of chapter 108, Consol. Slaliites, shidl b..- applicable and may bj put in force and car- ii'-'d .lilt in all cases coming within the operation of the first >er!iuii nl' ihi.s chaj)ter (u). [Sec, 2.1 i((i The nieaning and crtect of tills Section, and also forniH Ij; • earrvuiK it out, are given under " Deserted Wives and Ohil- clren ;" the forms can easily be adapted to meet bastardy cases IMAGE EVALUATION TEST TARGET (MT-3) % 1.0 I.I 1.25 u M 2.0 U i 1.6 vi /a 0%. ^ b V ^^ ^. w '/ Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY. MS80 (716) 872-4503 4* C?' ^ 76 Bastardy. 1-1 12. — Any person upon whom an order of affiliation shall have been made as aforesaid, may relieves liimself from all obligation thereunder by tiie jmyment to such Justice, for the Keceiver General of the colony, of the sum of one hundred dollars. [Sec. 3.] 13. — Every mother of an illegitimate child who, having the ability, to labor, or any means of supporting it, shall neglect or refuse to support and maintain such child, or shall abandon, desert, or leave it in any place, shall, upon convic- tion, in a summary manner, before any Justice, be subject and liable, and may be sentenced, to imprisonment, with or without hard labor, in the common gaol, for any period not exceeding six months; and such Justice may, upon complaint on oath being made before him of the commission, by any woman, of such offence, issue his warrant for her apprehen- sion, in Older to a conviction for the same. [Sec. 4.] 14. — The continued neglect or refusal to support and maintain such child by its mother, for any subsequent month after a first conviction for such offence, shall be held and deemed to be a new offence, and shall be dealt with and pun- ished in the manner hereinbefore provided with respect to such first offence. [Sec. 5.] 15. — Any person charged by any woman or other pei- son with being the father of an illegitimate child, and being convicted thereof by a Justice, may, upon giving security to abide the final determination of the case and to pay the costs tliereof, if finally convicted, appeal from tlie order of affiliation to the Court of General Quarter Sessions for the District, before whom the matter in issue shall be determined by the jury in attendance for the trial of other matters : Provided 77 Bastardy — Forms. also, that if, upon such trial, it be satisfactorily proven that the niotlipr of the child was a common prostitute, and the jury shall find such fact, such finding shall bo equivalent to a finding of not guilty on the main charge. [Sec. 6.] 16. — If any mother of an illegitimate child or any other person shall falsely and fraudulently charge any person with being the father of such child, such mother or other person, upon conviction of such offence in a summary manner before any Stipendiary Justice, shall be sentenced to imprisonment in the common gaol, with hard labor, for any period not ex- ceeding six months (a). [Sec. 7.] 17. — The Stipendiary Commissioner of the Poor shall have the control and management of the illegitimate children supported by the colony, and apprentice them when of com- petent age, or otherwise provide for them. [Sec. 8.] 18. — The usual practice is for the woman who is with child to make the complaint, on oath, in the following form ; but any person aware of the facts can make the complaint for her : — 19. — FoiiM OF Complaint in Bastardy.- 1 Northern District, Island Cove, to wit: Newfoundland. The complaint of Anna Higgs, of Island Cove, aforesaid, single woman, taken upon oath, who saith,— I am now with child by Job Giles, of Island Cove, fisherman, and the said child is likely to be born a bastard and become chargeable to the (a) Cases under this Section will be prosecuted in the usual manner under Summary Jurisdiction, see " Summary Jurisdic- tion." «l i 78 Bastardy — Forum. colony ; I therefore pray a warrant for the appreheneion of the said Job Giles, (a) her ANI^.^X HIGGS, ., , ,. ' mark. Sworn bcloro me, at laland Cove, i aforesaid, this day of , j A.D. 189 , having flrnt been read f over and explained. j 'r. WILLR, .T.P. -(I.- -.^luiuld the child 1/ave been born, the ibria will be ulteied thus;— iuslcatl of the words " T am now M'itU child," it should ho : — '•On the day of , 189 , I was delivered of a male (or lemale) bastard ehild. Job Giles of Island Cove, aforesaid, fish- erman, IB the father of the .said ehild, whieh is likelv to become ehar-caulo to tiie colony ; I therefore pray a warrant, &e." :^!..— When the cuuiplainL is swoiu lo^ the Justice iiil,^ up his warrant, wliieh is in the followiug form, and gi^'os it to the constable to execute : it imr.i in nil casGS be a, warrant : --•— FoilM u\: ]JASTA1!T)V ^S'\V.]:^Si. Xoriheni District,) N'pwTrnnvnr a vm Island Cove, '- AEWl-oUxVDLAiNn. to wit : J To eonstablea of the Northern District. Whereas Anna lUggH, of Island Cove, aforesaid, single wo- man, has this day complained on oath, before tlie undersigned Justice of the Peace for the said District, that she is now with' :hi d by .lob Gileri, of Inland Cove, fisherman, and that the said child is liKcly to be born a bastard and become chargeable to the colony. (Should the child be alread>- born, follow form ij, see. L'O, down to the word " colony.") The.e are, therefore, to fimi wlJon'f^'^'''''^'^'' ^'""''^^^ Magistrate to make a note of the time when the woman expects to be confined on the comDlabit contested." '""'' ""Po^'tant element in such enquide^wh^n' 70 liasturihj — Furnn;. command you, in Her Majcrfty's name, forthwith to apprehend; the said Job (Ules, and to bring him haiota me or some otlier of Her Majesty's Justices of the Peace in and for the said Dibtrict, to answer unto the said charge, and to be further dealt with according to haw. Given under my hand and seal, at Island Cove, aforesaid, this day of , in the year of our Lord one thousand eiglit hundred and ninety- T. Wills, J.' P. [l. ;;,] ARREST AND PROCEEDING THEREON.-- 2:!.— \\luii the paity charged is arrested iiii'. brought heior..'. the Magistrate ou the warrant, the Magistrate slioul'l road over the coin|)lainL to him ; (a) and if the child is not honi, he should inform liiTu tiiat he nif.v bo released on giving sei luity to answir tlie complaint when child is born, {see Fot'iu oj Hoihl fi> appear) or ho may, instead of giving a bond, (k']!')-i! r.no hundred dollars with the Magistrate, or if he admits I lie cliargi'. he may there and then relieve himself of all liaiiiliiy {>y j i,\ nient (0 the Justice of .*.100 (/>) [ante, sec. 12.] fShould tli.j i)arty charged be unable to obtain security, of cour--e lie niu:-;!: bo (letained in custodv until tlie birth of the chilni;ih should be then sworn in his presence, and her 8i:it.;nitiu, with respect to her being with child by him, should the.i and there l)e taken down, written out, signed and sworn to, in presence of the party charged, and he should be asked if he wished ro put :uiy questions to her, and his questions and the answers writ ton down as in a deposition on a charge ; it is advisable to adopt this precaution as in the event of the woman dyin;.'; !h fore the hearing and her child surviving, the deposition thus. taken woidd be evidence against the party charged. (b) The Magistrate should not pay over tins money until after the birth of the child; as, should the child die at l^irth, defendant is entitled to receive it back. 80 Bastardy — Forms. beyond six months. This latter, however, is an extreme course, and should never be adopted unless there is actual danger that the party charged will run away. 24, — r>0Ni) IN Bastahdv Cases to Arpi':Ai!. Northern District, "j Island Cove, >■ to v/it: ) Newfoundland. Be it remembered that on the day of in the year of our Lord one thousand eight hundred and ninety- , Job Giles, of Island Cove, aforesaid, fisherman, and , also of same place, fisherman, personallj^ ?ame before me, Thomas Wills, one of Her Majesty's Justices of the Peace for the District aforesaid, and acknowledged themselves to owe unto our Sovereign Lady the Queen the following sums, that is to say, Job Giles the sum of one hundred dollars, and the snm of one hundred dollars, to be made and levied of their goods and chattels, lands and tenements, respectively, to the use of our said Lady the Queen, Her Heirs and Successors, if the said Job Giles shall make de- fault in the condition under written. The condition of the above recognizance is such, that whereas Anna Higgs, of Island Cove, aforesaid, single woman, has declared upon oath before me, the said Justice, that {she ia now with child,) that the said Job Giles, aforesaid, did get her with child, and, she fears that said child will be born a bastard and become chargeable to the colony. If therefore the said Job Giles do and t ill appear before me the said Justice, or such other Justic^ of the Peace as may be present, when and where required in this District (or at the Court House, in aforesaid,) and abide by such order as shall be made in the premises, and to be farther dealt with according to law, then the said recognizance to be void ; otherwise to remain in full force and virtue. Job Giles. O Acknowledged (the day and year \ aforesaid) before me. j T. Wills, J. P. When the child is born, instead of the words hi brackets, insert •' she has recently been delivert d of a child." 81 Bastardy — Hearing. HEARING.— 25.— By the latter part of the first section of the Consolidated Statutes it will be seen, that in the case of "a cJdld not already horn, final order upon the charge may be postponed until after the birth c " the child." It is not the practice in St. John's ever to determine such cases until after the birth of the child, and the reasons for such a practice are obvious («); ist, no claim can be made upon the putative father for the payment of money for the child until after its birth ; 2nd, the child may be born dead, or may die immedi- ately after birth, in both which cases the father would be dis- charged ; 3rd, a full and foir enquiry cannot be had in such cases until after the birth of the child. When the child i.g born, as soon as the mother is able to attend before the Magi- strate, she should, if she has not already done so, make" a deposition in the form given in section 20 ; the Magistrate should then fix a time for the hearing (6) and issue his sum- mons for any witnesses the woman or the party charged may require. Newfoundland. (a) Justice bearing in mind to take the Mother's deposition m presence of accused as before suggested at page 79, S e a bv summon^ «« t""^}.^ ^^ summoned to a given time and place oy summons, as m Form given below. Northern District,) Island Cove, t to wit: J To Job Giles, Greeting ; You are hereby required to appear in your proper person before the undersigned, one of Her Majesty's Justices of the Peace for the said District, at Island Cove, in the District afore. said on the day of , by of the clock in the forenoon ot the same day, to answer the complaint of Anna Higgs, who charges you with being the father of a bastard child, recently begotten ol her, which child she fears will become chargeable on the colony. ■ Dated this day of , 189 . T. Wills, J. P. o 82 WITNESSES' COSTS.— 20.— 'nieic is no i)Vovisiu:i m Uir ( 'oii>iolin who should pay them. The party charged, however, must pay his own witnesses, and they =n<. n..,t bound to attend without being i)aid. 27 —When both j.artics are present before the Magi- stiate the woman making the eomplaiut and the man who U oharge.l with being the lather of the child, the Magistrate should first read over tlie woman's complaint to the part} clua-ed, and also her second complaint as to the time at whicl, she was confined ; he should then ask him if he denies the eharcre If he then admits being the lather of the child, all the Magistrate need do is to swear the woman in his presence, let her state briefly the facts that she was delivered of tli. child, (naming its sex,) at such a time, and the party charged is the father. The Magistrate then makes a note in his bonk of the admission of the charge, and then proceeds to make om the order of adiliation, as iu the following form :— PROCEEDINGS ftT HEARING WHERE PATERNITY DISPUTED.- og __When the paternity is disputed, after reading the coiii- plaints, and the party charged l)eing asked as above, demos ihe charge, the Magistrate th^n nrlministers the nath to the woman, tlius, — -The evidence you shall give in the present enquiry sh^l l,e the truth, the whole truth, and nothing but the truth. . .n help you God." s.^ Ijl.c n^otlic. of the illegitimate child gives her evident ust, she IS then cross-examined by the party charged or his r'M '-1 7 "f ""^^ °^"^^ -'^ -^"^i-d b/her or bv 1.0 Magistrate, and cross-examined by the party charged oV l^'s lawyer, it ., usual to examine the mdwiie ur a medical ■nan, If he delivered her, as to the date o" birth and sex ol' I Hla. When the whole of the complainant's ease is gone t rough, ,ho porty charged or his lawyer may ask the Maoi- .frato to dismiss the case, and should the Magistrate (beari;. m m.ad the advice given in section 6) feel that evidence is '■'^ntradicory, and the question of paternity doubtful, he maA- 'ii.^miss the case without callin^^ upon the defendant or hf. ^^'-;s-> ^o o,v. their evidence. If; however, the evidence -"slK^s his nund (hut a case ].as been made out against the my .huij,..l ilhul I.. ;, iUefr^l,,, oftkccldld;) he will then ■r^ "'" ' f--"; •*• •'<• wishes to be examined. He cannot '■ '"'"l-lled to iH. examined. Bolore he gives his evidence l'^- "I' '"s lawyer ibr him, can make a speech to the MaVc, , ii> 1!h' i''(inii i havi put diic luiiuhvcl dollars. 'I'lio Maoist ml c or Clerk ol (In- iVaw who piqmros the bon.l lor apjicil is onutlcd to receive 81. 2o for it. The bond, when signed should he foruardo- n r,-- • '-'"'v '' entrust I'd. i'l.a ^< , . petent witui's.s b' \v \ .■.•>;iin.st 1;: • ■ 89 Birds — Birth. marriage be proved, as second marriage is void. [Archihold 275.] "^ BIRDS.— Wild or migratory ' ' ds. See Oame Laws. BIRTH.— Coi-icealing birth of a child. " Endeavouring to conceal the ])irth of a child, by secretly burying the dead body of the said child, or otiier secret disposal of the body." I^. Pun.— imp. not ex. 2 yvs. (I.A.) 24 & 25 Vic, c. 100, s. 60. Indict. B. dicsretionary. This must be proved, and the mode of concealment, and also that the mother did it, if she is the one charged ; the body of the child must be covered and concealed. Denial of the birth, no preparations having been made for couhnement, and no assistance called for, genially form part of the evi- dence in such cases. Three points must be proved in such cases : 1st, That the woman was delivered of the child; 2nd, That she secretly buried, or otherwise secretly disposed of the body ; 3rd, That the burying was an actual concealment of the body. BIRTHS, MARRIAGES AND DEATHS-REGIS- TRATION OF. The law ou tliis impoitaut sul)jenl; is eontaiiied in tho following pages : — 1. — All births, marriages and deaths tliat take place within this Colony shall bo registered in a public registry to l>e kept in the town of St. John's, and information as to such l)irths, marriages and deaths shall be furnished and obtained as hereinafter provided, and such registry shall bo ]ar!CY or 100 Bnokn and New^papert — Publication of. other paper, and shall bf iii writing, and t^igned hy the porson making the same, ana shall be taken before a stipendiary Justice of the Peace. 5. — Persons making false aflidavits will bo liable to pun- ishment lor wilful and corrupt perjury. 6. — Affidavit to be filed in Colonial Secretary's office, and the 'certified copies to be received in evidence as to the pro- prietor, printer and publisher, 7. — Newspaper to set forth in some couspicious part, true and real name, and residence of printer and publisher, ynd office of publication. 10. — Copies 01 newspapers to be lodged with Colonial Secretary six days after publication, signed by the printer and paid for. Fine of S200 for neglect to do so. Form of Affidavit. CtntraX Diafricf,") St. John's, t- to wit: I Newfoundland. John Snooka, of St. John's, printer, maketh oath and Baith as follows : I am the printer and publisher of a daily news- paper to be calleu The Dciiy Tomahawk. John Jones, of farmer, and John i'??r /'\, -t* , mer "h^nt, are the propriecors of said paper, anu uLo ohe proprietor- of the printing press and types generally to b«j used in the printing thereof. The said paper will be printed and published at No. , Duckworth Street St. John's. John Snooks. Sworn before me at St, John's, \ this day of , A.D. 1893. j J. G. OONROY, Stip. Mag. ]01 lioohs — Breai'h of the P>'.aart thereof, in letters of not less size than two inches, and painted in white on a black ground, or black on a white ground, under a penalty not ex- ceedins? ten dollars. % 105 Carriages — Cattle, Disease of, Landiny, etc. CAKRIAGES, Etc., -RULE OF THE ROAD — All carri- ages, caits, waggous, catamarans, sleighs, and other veh- icles shall, by the person in charge of the same, on meeting any other carriage, cart, waggon, catamaran, sleigh, or other vehicle, be conducted and kept on the left side of the road, so far as the state of the highways or roads will permit, and each person conducting such vehicle shall give one-half of the said road to the other, under a penalty not exceeding ten dollars. CATTLE DISEASE-THE PREVENTION OF.-l.— The Governor in Council may make rules and regulations for preventing the introduction or spreading of any cont.^gious or infectious disease among horses, cattl ., pigs and sheep in this colony, such rules to be promulgated and published in the Royal Gazette. 2.— The Governor in Council may issue orders to the Eeceivei General, or other proper officer of Her Majesty's Custcuis, to prevent the landing, in any port or place in this colony, of horses, cattle, ;iig3, or sheep, having any contagious or infectious disease, and to order the immediate removal and, if necessary, the destruction of the same. 8.— Fine not exceeding $100, in default of payment, huprisonment not exceeding 3 months, recoverable before a Stipendiary Magistrate. CATTLE— LANDING OF —4.— The Eeceiver General, Assis- tant or Sub-Collector or other proper officer, at the port where any vessel, having on board any cattle, may arrive, shall, upon application of the importer thereof, permit the immediate landing of the same : Provided that, at the time of entry of lOG Cattle— CeHKHx—Cruiml DMrlrt Cuurt. such vessel due entry of and payment of the Odties imposed by law on such cattle shall be paid. CATTLE-SLAUGHTERING.-5.~No person shall kill, slaughter, scald or dress any animal for meat in any street, square, lane, or passage, in any city, town or settlement in this colony, or in any building within the same, except with the permission of >. Stipendiary Magistrate, under a penalty not exceeding twenty dollars. CATTLE.— Leaving dying or dead cattle in any cove street, highway, etc., penalty not exceeding S25. CENSUS to be taken at least every tenth year. Power to the Governor in Council to sub-divide districts and appoint persons t^ take the census. CEM' EAL DISTRICT COURT — See Adr.nnistration of .Tustice. .07 CERTIORARI. CERTIOEAEI DEFINED.— 1.— Certiorari is defined to be au original Writ, directed in the Queen's name to the ,Tudae or Justices, at or out of Sessions, commanding them to aniify or return the records or proceedings in a judicial matter pending before them, to the end that such further may l)u done thereon as of right, and according to the law and custom of Newfoundland, may seem fit to be done. No Writ of Error lies on summary convictions, and therefore the Writ of C'ertiorari is the only mode by which a revision of these proceeding, by the Supreme Court, can be obtained. 2. No special law is required to authorize this Writ; it is a consequence of all inferior jurisdiction of record to have Iheir proceedings removeable for the purpose of being ex- atiiined in the Supreme Court by Certiorari '^^,— Certiorari diflers from aiipeal in this respect: appeal must be created by express law; Certloran lies, as a matter of course, to all inferior Tribunals, unless taV^n away by express statutable provision. 4._Even express words taki";; away the Certiorari does not take away the Attorney (reneral's right to a Ger- thwari in all cases ; and express words also have no applica- tion whore tht re is a want or excess of jiirisdiction, or where 108 Certiorari Defined. the Court is illegally constituted, or where the conviction is is obtained by fraud, (a) 5. — Whilst an apjjeal is depending at the Quarter Ses- sions, therrt can be no Certioran, nor where a certain time is fixed for bringing an appeal, ?-nd both parties have that privilege, the Certiorari is suspended during the time given for the appeal, 6. — The proper purpose of Certiorari, so far as concerns Justices of the Peace, is that of getting a conviction or order of Justices removed into the Supreme Court, to the end that it may be quashed, from some defect apparent upon its faee. 7. — It cannot be quashed or set aside from want of form only, (h) it must be for some essential defect; it must be ■wanting in some essential ingredient, or what Lawyers call " matters of substance" Justices, however, should be par- ticular in following the form? in the precise words ; it is the only safe course for them to pursue. 8. — When it appears upon the face of the conviction that the Justices had in fact jurisdictiov, the Supreme Court cannot inquire into the question whether or not the Justices came to a sound conclusion ; the Supreme Court in those cases is not a Court of Api)eal, but merely a Ti'ibunal to keep inferior Courts within the limits of their proper functions, (c) 25-1 • (a) Paley, on Convictions, under Title Certiorari. (6) Consol. Stat. p. 43. (c) Oke, p. 51. Oke, p. 53, where fuller information is given ; and see Paley, under head Certiorari. 109 Certiorari Defined. 9. — If the conviction is good upon its face, no evidence can be received by the Supreme Court to contradict the state- ments contained in such conviction ; the only evidence that can be received by affidavit or otherwise, is to show that the Justices had not jurisdiction. 10, — The Certiorari must be sued out within six months. Six days' notice must be given to the Justice, and security must also be given, 11. — When the Writ of Certiorari is sent to the Justice, he must append to it the conviction or order mentioned in the Writ, with the Information or Complaint, and make a return in the form given in the Appendix under the head of Certiorari. 12.-— Where, in Acts of Parliament, the words only are used " nor he removed by Certiorari," (as in 24 & 25 Vic, C. 100, Offences against the person); this does not prevent a case being brought before the Supreme Court, under 20 & 21 Victoria, C 43. (Tlie Imperial Act which provides for stating a case for the opinion of Superior Court.) It would have been different if the words had been, 7ior he removed by Certiorari or othenvise. (a) Certiorari— Form of Writ of,— (a) md. Supreme Court, Victoria, by the Grace of God, of Great Britain and Ireland, Queen, &c. Newfoundland. \ To , one of our Justices of the Peace for the our said Island, Greeting :— District of (a) Greaves' Crim, Law Consolidation p. 92, (Jhcittunj — L'lirullit'j lit I'hiiJ. m U We, being willing for certain cuuses tJitit all and Hingular the records of conviclion whereof 0. D. was convicted before you of (/lo'c state offence) as it la said, b« sent by you before us; Wo do, therefore, command yon that you send the i-eeords of the said eonviellou, with all things touching the same, under your seal, immediately after reecipi of this writ, bofore us, in our said Court , together with th's our writ, that we may further cause to be done therein that what of right and ae>'!ording to law we shall see fit to be done. Witness Sir F, B. T. Carter, K. C. M. 'J., Chief Justice of our said Supreme Court, at St. John's, this day of ,189 . By the Court, A. J. W . McNkily, C. C. & Reg. Jltstice'iS RiaxURN TO WuiT OF Certiokaki.— ("^o be endorsed on AVrit.) - District, ^ •to wit: J NEWM'^OUNDI.AND. I , Esquire, the within named Justice of the Peace, do, under my hand and seal, return into Her Majesty's Supreme Court of Newfoundland, the conviction mentioned within, with all matters touching the same. Witness my hand seal, &c. J. P. O CHEATING is an uileuco indictable as a misdemeanour under tlio cojuinon law wlien the method of cheatinEj or dc- ceiving is such as people by ordinary care cannot guard against as when false weights are used ; but it is dillercnt when the cheat or deception is one against which ordinary prudence would protect one. CHEATING AT PLAY.— Any person who shall bv fraud or unlawful device, or ill practice in playing at or with cards, dice, tables, or other games, or in Itearinga [)ai' in tlie stakes, wager or adventure, or in betting on tlu hands or sides of Ill Cli Ihh'oi — (Jit Imncij. tlieni that do play, ov in wagering on the (ivenl in any game, sport, pastime, or exercise, win {Vf.in any oUut person to him- self or any other one or others, any sum of money or vahi- able thing shall be deemed guilty of obtaining money, &c,, bv false pretences, with intent tO cheat or defraud siicli p'crson of the same. [8 & Vie., C. 109, Sec. 17.] CHILDREN under seven cannot be guihy of felony. If between seven and fourteen, and it appear.-^ to the 'Jourt and Jury tluat a chil 1 could discern between good and evil ho may bo con\icted. See also selling liquor to children. [Children jjunishable under Summary .Turisdictio)i. Sec Summary Jurisdiction Act IS79, c^t.] CHILDREN deserted by tlieir parents. [See under the head dmrird llwa'.v and Children. CHIW'iY. — On information being given to any -Justice of the Peace of any building wherein there is any dangerous chimney, stove ]>ipe or funnel, the said Justice of the ]\\ace shall direct :., constable to proceed to the said building and ex- naiine the same; and if ho shall report to tlie said Justice that any repairs, alteration (jr removal be necessary, the said .lastice shall give an order for such repairs, alteration or re- moval, to be made ; and if such order shall not be complied with, such Justice shall cause such removal or altci'nation to be made, at the expense of the occupant or owner of tJio liullding. And if any person shall refuse admittance to sr.ch f'usfable while acting under this section, or shall ]iot make liie removal or alteration so ordered, he shall for each offence i'(irl'(Mt and pay a penaicy not exceeding twenty-five dollars, to he recovered, together with the expenses of rennjval or altcra- ti'iu, in the nnme of such eonstidjlc. ;ini| in deranlt of pavment 112 Clergyman— Ckrk of iU Peace— CuaJx—Cimsl liuj, cts. the offciiiler may be impiisoued for a period not exceeding ten days. CLERGYMAN or Priest not compellable to give evidence of any conr(.\s.sion made to hin\ in his professional character. CLERK OF THE PEACE is Clerk of the Central District Conrt in St. John's, and of the Harbor Grace District Court. Magistrate may act as Clerk of the Peace. As to fees, &c., see Adminidration of Justice. COALS must be 3old by weight. Ton 2240 lbs. may be sold by measure at option of purchaser in measures contain- ing 224 lbs. and 560 lbs. Avoirdupois of dry coal, struck or water measure, penalty not exceeding $10, does, not apply to sale of cargo wholesale or by chaldron. COASTING.— Quarter Sessions may make regulations for preventing coasting or sliding, or skating in streets, etc., throwing stones, playing games in highways or other places calculated to inconvenience or anooy, penalty not exceediiig So, parents liable. Master may deduct fine from apprentices' wages. COAST FISHERY.— See Fishery. CODFISH.— Stealing codfish, green or cured, to a value not exceeding S20, may be tried summarily before a Stipendiary Magistrate. Punishment imprisonment not exceeding six v,"^eks. Appeal to Supreme Court on giving sufficient security. (OfTender may be tried in St. John and Harbor Grace for stealing fish, etc., to any amount if he consents. 113 CODFISH-CULLING OF. CODFISH— CULLING OF. — 1. — No person shall cull codfish as between vendor and vendee in place or places under the operation of this Act, unless such person shall have been pre- viously sworn before a Stipendiary Magistrate or Justice of the Peace, faithfully and without fear, favour or affection, to discharge the duties of a Fish Culler. 2.— Tlie oath to be taken by such Culler shall be in the forni of Schedule A to this Act. 3 __No person shall cull codfish, as between vendor and vendee, in the towns of St. John's, Harbor Grace, Carbonear, Trinity, Cataliua, King's Cove, Greenspond, Bonavista, Twillingate, Fogo, Burgeo, Harbor Briton, Gaultois, and such other ports or places as the Cover- -v in Council may, by Proclamation, direct, without first having obtained a Culler's license from a Stipendiary Magistrate or Justice of the Peace. 4._N"o person shall be licensed as a Culler to cull cod- fish, as between vendor and vendee, in any of the places that may come under the operation of this Act, unless upon the recommendation of three persons of known experience as Cullers, which recommendation sha^i state that the applicant for such license is competent to perform the duties of a Culler of codfish, and is a fit and proper person to be granted a Culler's license under this Act. 114 (',,,llis!i—(',illh((l nf. 5.— The license to ho nranted a.s iitoiv'snid, shall he in the form of Schedule J5 to tins Act: I'luvidcd that sucli ]icen.'iO shall Cdiitinuc in force for a v^oriod of live years, and nniy ho renewed nt the expiration of that time for a like period, and so on from time to time for the number of years aforesaid. The fees for such license shall l)e one dollar for the first license and fifty cents for each renewal of license; the said fees shall he paid to the Tieceiver Ceneral for the use of the Colony. 6.— iVny person who shall cull codfish, as between /en- dor and vendee, in any of the aforesaid towns, or in any other places under the operation of this Act, without being the holder of a license, shall be liable to a line not exceeding t-ii dollars, or in default of payment thereof to imprisonment for a period of not exceeding ten days for said offence. 7. — Any person who shall accept from any \-endor or vendee, by whom he shall be employed, or from any person on behalf of such vendor or vendee, any payment, reward, or gift of any kind what':oever, for Ins o rvices as a Culler of codfish other than the market ra* for culling codfish, shall be subject to a penalty of not exceeding fifty dollars, o: in defiiult of payment thereof, imprisonment for a period of not exceeding two months for .my such offence as aforesaid con- tained in this Section, and also shall, on conviction thereof, forfeit his license as a Culler of codfish. i'ovi8i')n.s of tiii.s Act U.-Ii ^.-lu ease of any disimte aiising betur.en a vondoi- and v.ndec as to the culling of any codfish by any licensed culler ong..ged u, cMllmg the fish of such vendor, such dispute shall 1.0 forthwith referred to the innnediate deterniination of two .sworn cullers, one to be appointed by the vendor or his a-rent und one by the vendee or his ngent, and the decision of such .sv,orn cullers shall be final and binding between the parties- a.H in case the said two arbitrators cannot agree, thev .hall call HI the assistance of a third competent person, and the .locs.on of any two such arbitrators shall be final and bindin-^ i'"tw...en the parties. The fee for such arbitrament shall be •'..e dollar to each culler and fiv. dollars for umpire, one-half i'> .le i)aul by each party. lO.-Mver, Stipendiary lAIagistrate or Justice of the K'ace grantmg such licenses as aforesaid, shall, in each year !"•• -0 our, sign, and transmit to the Colonial Secretary a state' nH'nt shown-g tho person or persons to whom such license or .censes has or have been granted, and the date of such liconse or licenses. 11. -Stipendiary Magistrates or Justices of i ho Peace are ereby empowered to administer the oath, provided in ■ ehedule A to t lu. Act, to applicants applying for a culler's JicLiise, in accordai ce with the provisions hereof. 1 i;.-All penaicies under this Act shall be recovered upon -"H. aint and sui-mary conviction before a Stipendiary Ma- ^i.tmte by any one who sliall make such complaint and pro- •^L'ciite the offender to eoiivictioi;. IIG Codfish — CiiUimj of — Forms. 13,_This Act may be cited as the " Culler's Act of 1887." SCHEDULE A. Culler's Oath. I, A.B., do solemnly swear that I will honestly, faithfully, and impartially, and to the best of my ability, cull all fish en- trusted to me for culliog without fear, favour, or affection of or to any vendor or vendee of such fish. (Place,) (Date,) A. B. Sworn before me, at - > \ this day of , 188 . / CD. J. P., (or as the case may be.) N.B. — This oath must be signed and endorsed on the culler's license. SCHEDULE B. Culler's License. This is to certify that B. B., of has been sworn before me, according to the provision of the " Culler's Act of 1887," and that he is hereby licensed according to the provisions of the said Act for that purpose. (Place,) (Date,) CD. J. P., (or as the case may be.) 1% 117 Coins — Confess ion — Cunsta hula rij. COINS. — See currency. CONFESSION is perfectly good evidence against the person making it, if given voluntarily, "Confession of guilt, freely and voluntarily made by the accused, to any one, may be given in t-v'denee, but any evi- dence - -hicli has been obtained from a prisoner in consequence of any threat, promise or inducement made to the prisoner by any person concerned in the apprehension, examination, or prosecution of the prisoner, will render sucli evidence in- admissible " — Stephen on Evidence p. 28. ]5ut any fact dis- co^'ered in consequence of information so obtained, may bo given in evidence. The statement of one prisoner is not evidence for or against another inisoner. The principle of refusing confession as evidence against prisoners is now held by English Judges, to have been carried too far, and there is now a general feeling against tlie I'ule. (R. v Ecevc, L. 1{,, I. a (J. R., 302. The safe rule for constables is always to caution a prisoner after he has taicen him into custody — to tell him the charge against him, and then say, " you are not obliged to say anything to criminate yourself, either from inducements or threats, but anytliing you do say, nuiy be given in evidence against you upon your trial." CONSTABULftRY.— The police force of ^he Colony con- sists of two classes of constables, the regidar force designa- ted in the Statute Book as "The Constabulary Force of New- foundland," and local constables, of whom only a few now remain. These outport constables are not superseded ; they remain under tlie orders of the Inspector and General Super- intendent of the I'olice, but are exempted under the law from the provision as regards uniform, etc. 318 Constablcn CONSTABLES. — ^Tho Stipcndiaiy Magistrate and tlie policu- inuu in the outports are the representatives of the law. They should endeavor by all means to work harmoniously ttigether. As regards the (h'ill, cUscipline, etc., of the police, the Magis- trate has notliing to do with these matters, they are entirely under the control of the Inspector and officers of the police. The ]\Iagistrate, however, is responsible to the government for the maintenance of good order within his district, the detection of crime, arrest of criminals, and generally the carrying out of the law — very large powers and authority are given to Magistrates by Imperial and Local Act.^. The Policeman is the ]-'xecutive Officer of Justice, and he must attend to all lawful orders of tlie Magistrate and obey them implicitly, he should also attend strictly to all suggestions of the Magistrate in carrying out the law ; he should keep his worship fully informed of all matters of a public nature that come to his knowledge. Our criminal law is the English law, and the practice and rules of the English police as far as the same can be applied to this Colony are our rule and guide, in the leading English text book on this subject, the duties of a constable are thus laid down : — " A constable should learn, and ever practise the iirst and most important rule of discipline, namely, to receive the lawful commands of his superior ofHcers with deference and respect, and execute them withouc delay, " The lawful orders and commands of magistrates are to be at once obeyed. Magistrates should always bo saluted wheu met, and a constable "when addressing a Magistrate or giving evidence in Com't should stand in an upright and respectful positioii. The constable will alway remember that the object of arresting a prisoner is to hrin;/ him before a Ma^nglai;d ; and the proceedings in such enc^uiry, and all depositions con- nected therewith, sliall be transmitted to the Attorney or Solicitor General for such further proceedings as may be rc;- ([uired by law." {(i). 38 Vic, c. 8, sec. 2. These powers include authority to summon and compel by warrant the attendance of all necessary witnesses and the production of all papers, &-c. To enter all places Vtdiere the dead bodies may be, and also, when iwccssari/, to disintOr tho body. 0. — The Inlluwing fees shall be allowed and paid on such enquiries, viz. : — Fee for one medical witness $5 00 Every necessary post mortem exan\ination 5 00 Every necessary witness (each day's attendance) ... 75 And reasonable expenses actually incurred and authen- ticated by proper accounts and vouchers. The Government shall defray any further reasonable and necessuiy charge that may be incurred in special cases, (h). Idem. Sec. 3. COSTS. — The table of costs in civil cpses before Magi- strates and the District Courts will be found under these heads. (a) It is nearly always advisable for the Magistrate in for- warding the depositions to write to the Attorney or Solicitor General fully on the subject. (/)) All the vouchers should be certified by the Magistrate holding the enquiry ; he should not request the Doctor to hold a post mortem examination unless there is an absolute neces- sity for it, and some important information to be gained by it. The Magistrate gives the authority to hold the post mortem. 124 Coves — Full id. COVES— PUBLIC— Any pevsou who shall hereafter in any way encuniber, make erections across or obstruct any of the public coves, or the waters thereof, shall be liable to a penalty not exceeding ten dollars : Provided, that this section shall not affect the rights of parties to have vessels or boats at wharves adjoining the public coves for the purpose of loading or discharging cargoes. COVES. — Throwing dirt, rubbish, «S:c., into the public coves. Penalty not exceeding $25. 125 CRIMINAL im. ^1 ■ <» CRimiNftL LRW.— Ari'licatiou of luiglisli law and pradiec. Title IV. 1 -In all cases not provided for by local enactment tlie law of"En.^land, as to crimes and offences, shall be the law ot thh Isla-1 and its Dependencies, so far as the same can bo T^ lied -subject to such an.endments, alterations, and lurther r u'ent" , the Imperial i>arliament as may hereafterbe ^ and which shall, after twelve months rom the passmg hel'o espectively b^. the law of this Island and its Depen- ds: rJovided,\hat between the time of jl- l-snig o any law and its coming into force m this Ishmd and it. J)q.endencies, the law a. i'. nveviously stood shall continue to be in force therein. 2— All pecuniary penalties imposed by any law of EncTland which shall, according to the provisions ot tins GWe be in force in this Colony, shall be adjudged to be aSued in the following manner, namely: -^^^^^^^.^^ informer as the law of England may pvovu o, ad ^^^^ der or the whole where no part shall go to the luloimei, to be paid into the public treasury for the use of the Colony. 3 -Where by any act of the Imperial rarliame.it any criminal jurisdiction, or authority by ^^•ay of ai^.U adju'U- cation of reserved points, removal, or otherwise, is ci .hall be ii'i; ('I'iiaiiuil L (lir. . t ' r ^'i'^'^'^'i"^''-' <>'• '-^"y <'f them, or the Justices <„■ n n • n rv'^ '' any muuber oi" s„ch Justices of ])a,ons; .„. . t .outy shall bo exercised by the Supreme Couvt, ,„. the 4,._Thoaet (.f the luiperi.u rarlianieuf, i,nss,.,l iu the M.jo.ty, (chapter f;,rty-two.) .utitled "An act t<. niihta e the perlornumco of tlie duties of Justices of the I'eaco ou of sc.s.ons, u.t nn England and Wale^, with respect t.n^"l,H clKirgod with n„bctablo oJlenccs : " and anoth,.r act 'nl il o Aicditaie the porlonnancc <,<' the duties of Justic. s of the leaeo out of sessions, within England uu.l Wd.,, with respe - -^ ary convictioi.s and orders:" also an act passed in tloeJevemhand twodlh ye rs of (ho reign of h. ■ m-c^en u . a-s <.t (h- IVace fi'oin vevafious actions iV,r acts don« b^■ t^ tntielh and twenty-hrst years of the. rei-m aforesaid (d.apter iorty-threo,) entitled "An act to imp o^^ a^muuscmtn.n d" the law. so fav as respects summary , " the twen.y-c.ghi], and twcnty-ninrh years of the reion afore said (chaptc^ ,.„ hundred and tu-enty-sevon,) entitkd '^, aetU.anuM.a the law relaling to small penafa;" shall as >eretof;.ro extend to and b. the law of this Colony so for a he san,o can be applied. In all cases in which ^tatu^iS ^n;;!n "'"'"'S1' ^""^^ ^^^■'^^^"'- --"-inrent:; awt^ ^'Z ''' -^^"^'^^"^^-n'e or shall here- hc^ '.fev 1 "' 'W;ly to this Colony, all statutes now or lieieaftcr to bo passed relatmg to jurisdiction, i-owcr practice and protec ion, having ref;:v.nce to the oj.erakon or 'e^^ of such statutes, shall beheld also to extend to and bo he 12^ ('I'imlnui I. Jiuv of this Colc.iy iiftcv twelve m.> iLlij Uom the jmssiii"' of till) .siUDO, so far as tho saiiin ciui Ik; ; i>])liL(l. ° .■». — Wlicre ar.y mode of piactice is ov hi'VCfiftcr may bo jiioscribeti by a local law, wliich mayor can b-j applicl for (ho purpose of carrying out the provision.s of any Imperial wA whioh sball bo hold to extend as aforesaid to this Colony, sui'h mode of ])raclice may bo used, and shall be regarded as (I rMUinilative remedy. G.~ln all eases where by tho law of Enylaml olfenees aio or shaU be punishable with penal servitude, the Supremo Ciiurt of this Cdony may in its discretion sentence ofrcndtrs convicted before such Court of the like offeneos. to imprison- iiiont with or without hard labor, and with or witliout any olher punishnxent to which sueh olfenders may hy law bo !i.!l»le for any term not exec ' g tlu3 Longest term of penal seivilede provided for the like oUbnces by the law of England, ;' Whosoever shall receive any chattel, money, valuable -cinity, or other property whatsover, tho stealing, \aking, ex- tuviing, obtaining, embezzling or otherwise disposing wliereof, isliull amount to a felony either at common law or^'by virtue nf any statute in force in this Colony, knowing the same to be fel'.uiously stolen, taken, extorted, obtained, embezzled, ordis- I")sed of, may be indicted and convicted of a niisdomeaiior, and being convicted thereof shall be liable, at tho discretion of the Court, to such punishment as now is or may be provitled hy llie laws of this colony for 'he offences aforesaid." 7.— It sometimes ha^jpcu: that a particular Imperial Siatute, respecting Criminal Law, applies only to Ireland or tM Scotland, and some apply oidy to England. It is well to hsar tliis in mind, as a good deal of the Criminal Law applied 1" Ireland only is not the Law of this Colony, {n) Tlie Law («) I refer to this because the Justice may possibly set hold an Act applicable to Tr<-!and o;;.'/;, ' - to a work on the duties ot JtiHiices in Ireland, which would m slead him. 128 Criminal Law. of En]nglisli Criminal Law, of a special local character, such as tho Laws with respect to offences against the Game Laws, Eisheries, Stamp Acts, English Customs Laws, Poor Laws, Turnpike Acts, and other kindred subjects, are not applicable here. It has been held that the Tippling Act applies to this Colony, — whilst penal (o) Consolidated Statutes, p. 227. 129 Criminal Lair. statutes, concerning Ilorso liacing, 13 Geo. 2, C. 19 ; 18 Geo. 2, C. 24, were huld not to a[)ply. (a) H.—i'lio applications of English Ciiniinal T^w to this CJolony would ai)pcar at first sight tr present great ilifli- cnlties, but practically, as Mr. Archibald observes, (b) " Scarcely an instance has occurred since the passing of the Act in question, in which niiv lifliculty of this nature in the administration of the Law ha-< arisen in the Superior Courts." 12. — It is tlicreforc very improbable that any difliculty of the kind will arise before .. astices of the rt-ace, and less so now that the Criminal Law, Consolidation and Amendment Acts, 24 6: 25 Victoria, from Cap. 94 to 100, have simplified the T^aw very much, and made its Local application very clear. (a) Morris vBerrii; .iijSeoNotetoE.M. Archibald, Dig. p. 40. (6) E. M. Archibrid's Dig., p. 41. 1,;:n CRUELTY TO ANIMALS. CRUELTY TO ANIMALS— The objoct of this act is to prevent the t wo-lepged Ininiiin brute froin torturing and slowly doing to death the noldc beasts which Prcu-idcnce lias ])laccd under the iloniinion of man. Whenever a case occurs the jjcrson who sees the act eonunitled, after getting tlu^ name and ad- dress of the o'' 'uder, should at once notify the lirst ])olieenian he meets, or nd infonnatitui to (Jeo. jNF. Johnson, Ksq., (»).(,'. or n. .1. (ireene, Esq., Q.C, the active oliicers of the Society for the rrevcntion of Cruelty to Animals, who will tu-cc charge of the proceedings and defray all ex])enses. The 'ollowinu is the 1 iw on ti ns s ubjci't : — 1. — If any ])(M'son shall — (1) t'ruelly beat, bind, ill-treat, over-load, o\er-drive over-ride, abuse, neglect, ex]iose, torture; or ,2") I'atise to be ''rueilv beaten, bound, ill-treated, over- laden, over-driven, over-riddeu, abused, nedect eu exposed or tortured, any ani inalf' sucii oiiender iTc ?hall. for every such olVeiice, forfeit and pay a pen- dtv not exceedinoj (wcniv-iivc dollars. . — ^If any })erson l>y cruelly beating, binding, ill-treat- nig, iiver-ioauum, over-urivni ver-r'ding, abusinLj, uigleet- ^ ''■"'■//// lo Au'uaa!,. ;-.;r:5::,:;;:nt-,:;^.t-;:;. ,. '"J'"y 1.. bo ,I,„K. to ,,„y ,,c.,sn„ ,^,,. "^ '■"""«" '"■ '"■■'■ "fr-'.'..'.' sl.all, o„ o„', ict ,,;^. !"■"'"■ •'' ""'^ "\^>'<'i' ol" .such n..f,„..l AT .1 . 'JHenco, pay to tlio •l"»tico„r ll„, IV.„.cl,vt l'» ascertoiucl hj. u,o '''^■" „„ , ,; > '™;"7"' '■"■ '!■« »o„.p,.y,„„, ,,,,„f_ - : IVov i I Is |,rT''"T """'''""' "f ""' »■■"• |..v-v„ta„v ,,„„.,,.' " "'"« ''™'" »'"-"»'l «I«II '■"-,;-..„t:;;;tr:::: !:!.:':" ?"--"'■'' .h^» " '"" ""'«'"■ '» '« '■«"vciwr,m,Iorui!r.A'(,,|" C'l -'->■■ »'"^:':'i:::;:rtt::r'7""'^'"'' "".^' '""""'? ill such ■. T,..,, ' ''^ ITCIlllSGS, I""- ■^1-" r"vf,.it «;;;', '",;"■ ""'••■'■'"- -»■> -ci. l"^''l- «-lnd, sl,„n I „ , , "';'' " :,"""•■'••"' l«-"'.o this Colony any such false or counterfeit coin, shall be guilty of felony, and being convicted thereof shall be liable to be imprisoned, with hard labour, for any term not exceeding four years, and every such offence shall be deemed to be complete, although the coin so made or counterfeited shall not be in a fit state to be uttered or the counterfeitinET thereof shall not be finished or DCrf"cted 11 »37 Currency. 13. Any person who shall tender, utter or put off any- such false or counterfeit coin, knowing the same to be false or counterfeit, shall be guilty of a misdemeanor, and being convicted thereof, shall be imprisoned, with hard labour, for any term not exceeding one year. J ■38 CUSTOMS. CUSTOMS. — The whole law on this subject is too long and too complicated for full insertion; I have, therefore, given only a synopsis 9f the most important sections of the Consolidated Law (the Customs Management Act) ; the Board of Revenue Act is given in full. BOARD OF REVENUE.— The Receiver General shall be pre- sident of, and with five other persons, to be appointed by the Governor in Council, shall constitute the Board of Revenue, the members of which shall be sworn faithfully to discharge the duties of their office, and shall hold office during pleasure; the President, or in his absence the As- sistant Collector, and any other two members, shall be a quorum for the transaction of business. There shall be paid to each non-official member, for every day's attendance at the Board, two dollars a day : Provided that the whole amount to be paid to the said Board shall not exceed the sum of two hundred and thirty dollars in any year. The Board shall superintend the working and practical operation and effect of the revenue system, and report there- on to the Governor when required ; they shall examine dis puted claims for dra\vbacks, and grant certificates therefor, 139 (histomx. when allowed, and shall make any regulations necessary for preventing fraud in obtaining the same; they shall direct and carry on prosecutions against delinquent officers .aid theif sureties; ai'd also prosecutions for seizures, forfeitures, penalties and breaches of revenue laws, over which they have a general control ; they may remit penalties in whole or part, and direct the restoration of property seiiced, or of the pro- ceeds tliereof; they shall, subject to the control of the (Governor in Council, make such regulations as to the removal of spirituous liquors distilled in the Colony after payment of •hities thereon, and as to the carriage of goods coastwise, as may be necessary and expedient ; they shall have authority to remit in whole or in part the duties on goods lost or destroyed in the warehouses, upon such terms as tliey may deem just; and may, under such restrictions and regulations H- they may consider expedient, but subject to the control of tlie ( Jovernor in Council, permit permanent or continuing security to be given for duties payable by outport importers, in cases where satisfactory sureties cannot be had on the spt)t for each successive importation, and also for the payment of duties on goods landed from steamships. CUSTOMS.— T have made this synopsis of the ( 'ustoms' Management for the information of outport Magistrates and Custom House Officers. Tender the writ of assistance Magi- strates. Policemen and all outport Constables, whenever their services are required under tlie provisions of Sec. 79, must do all in their power to assist the Custom House Officer, both to search for smuggled goods and to secure them. This writ of assistance was granted recently; it continues in force during the reign of Her present Majesty, and until twelve mouths after her deatii. 140 CllstUJHH. Some smuggling is carried on in all cuuntiios, and it will always probably exist iu Newfoundland. If, however, the I'reventive Othcer^ are active and vigilant smuggling will become a very risky business,— so dangerous that none but very small traders and very small craft will run their chances of being cn.ught. Tlie attention of outport oihcers is specially directed to Sec. 109, under which they have immense powers to pre- vent smuggUng by vessels with dutiable goods aboard enter- ing places not a port of entry. In order to protect the Kevenue it has been iouud ne- cessary to pass most stringent laws. Under the English Crov;n these apparently tyrannical powers are always ex- ercised with moderation and justice. Custom House ollicers are specially cautioned not to act harshly or tyrannically, and never to he influenced by personal malice in the discharge of their ofticial duties. Custom House ( )lUcers will observe the strong protection which the law has thrown around them iu the discharge of their duty when they act bona jide and have reasonable grounds for suspecting that smuggling is going ..n, or that smuggled goods are being landed, or are about to be landed, or are concealed anywhere, the law gives them almost abso- lute powers to deal with such cases. It is their duty to act on such occasions with vigour, activity and boldness,-any one who assaults them or their assistants in the discharge of their duty, or obstructs or molest them, is liable to most severe punishment. When they act on reasonable grounds of sus- picion the law protects them, the Judge at the trial can certify on the rcecord that the ofllcer acted on prohaUe cause, then 141 Cn»toiiif. the plaintiil' can only recover live cents damages and no nmU. (Sec. 88.) Under our llevenue Laws, no one would dare take an action against a Custom House Otlicer unless the oflicial were completely lu the wrong and had act ad entirely without cause and from some personal or maHc: as motive. Sees. 82 to 88 throw a complete shield around t.ie oiHcer acting />07ta.//n ( 'llxluUltt, i If iiiliuUvs iire uiiJcrviducd ('u.stouis niiiy laia; urticlcis, paying inipoited liis valuuLion with Id ]>(;• cuiit. and duly, and sell the sanio; juucccds (jvcv Vidiu-, I t(» infovnicr, \ \.u Ci'own. (Sec. 'lo.) (luods iu;i;(ii'diiiL>- in \vei"ht — il' wciijlit iinLruc, lu Im; detained and foiTuitcd. (iuod.s .so aj)j)rai«ed — aniu'int witli lo ]iui' cent, to be paid t(t the ini])ortor. (loods llien to bu aold and divided as in last .st'dion. (Sec. 24. Kntry of goods nnist b(! \vritt(Mi on iJill (jC Mnlry in words (it length, containing name of niasti.T, ,dup, ]jla(T, of importation antl lading, particulars of cargo — dut}' to be piiid before warrant granted I'or anlading. (Sec. 25.) Entry and Warrant must correspond with manifest and roport. I'enalty, forfeit" ire of goods. (Sec. 20.) When importer not able to make perfect entry — entry by P»ill Sight — 5 days after. Importer to make perfect entry. If goods cannot be conveniently valued, importer may enter them at approximate value. If over valued, duty returned on over entry certificate. If under valued, im])orter sliall pa.s.s post entry for difference. (Sec. 27.) \ pj'oper oi'licer may try samiiles. (Sec. 2!S.) l)onds may be taken where duty amounts to ^?2Ui), with two sureties, pnyablc in 4 months. No bonds to lu? taken for wines, siiirits, sugar, or unmanufactured tobacco. (Sue. 2'.l.) Passenger steamers may deposit cargo in warehouse— bitnd; rights of owners and master reserved. (Sec. oU. ) Imported cjittio may be landed at once. (Sec. ol.) ir,i (hfdvitif!. (Joods not to Ih> impoitcid from jjlaces Ijeyond the .sua, tiuK'S.s duly .,lii]>|H'd and cleared outwards for exportation. (Sec. :!2,) Surplus stoios liable to duty, unless shown that not tix- oessive or unsuitable foi' voyage if not landed duty free. (Sec. :;;i) Entries must be made within 20 days, if not so made, ollicers may land same ; sale of goods after ;> months. (Sec. .'54.) (ioods damaged on voyage — abatement to be allowed must be claimed at first examination of goods. (See. 35.) OfMcers to estimate damage. If unable to estimate dam- age, Keceiver General to appoint two disinterested valuers; duty payable on their estimate of the value of the dimuiged goods. (Sec. 36.) If g(jods on which full duty has been paid a<1 valorem, ^llall bo damaged to an amount exceeding 50 per cent., abate- ment in ju'oportion allowed same as per sec. 35. (Sec. 37.) Governor in Council nuiy appoint warehousing ports. Sections 39 to 59 relate to warehousing. Drawbacks on export; full duty allowetl; exporting vessel must Ik; over 40 tons ; amount of duty over 612. Proof of landing, either from English ("ustonis, I'eceiver General of a (Jolony, Ilritish Consul, or two well known merchaTit?. (Sec. 01.) I'rovision as to the si/e of casks of spirits to be carried coastwise, except from Europe, ]>. West Indies of P>. Posses- sion in X. America. (Sec. 02.) S(v^li(»ns 0;'. to 74 relate to distilleries. 152 CllHtOIUX. I'? Vessels, boats, carriages, and cattle, u«(!(l in tho nnlaw- rul removal of goods liable to forfeiture under the Revenue laws, shall be forfeited, livery person who assists or is o,on- cerued in smuggling shall forfeit treble tho value of property •smuggled or a penalty of i^4-00. (Sec. 75.) ( Joods, ships, boats, carriages, cattle, &v., liable to forfei- ture, may be seized by officer or person employed by him ; ])enalty for obstructing or assaulting officer or his assistants in tlie discharge of his duty about revenue, penalty !!i!800, or deemed guilty of misdemeanor, liable on conviction to be punished in tlie discretion of the Court. (Sec. 7G.) (Jollnsive seizure by othcers taking bribes, penalty $2,000. Person giving bribes or inducing oficer to neglect his duty, penalty i^ be delivered to officer of port where seized, after condemua- tinn, siinie may bi- sold by order of Jteeciver (Jeneral, l»y 153 Ciixttinm. public auction to liighe.st bidder. IJoavd of Keveiiun may (irder lost oration upon condition, (Sec. SO.) Proof of payment of duty in cases of seizure to lie on owner or claimants. (Sec. H"' ^ Claims to property seized and rotiirncd into ( 'ourt for iial)lo cause, ijliiintifT sliall |Mci(.n as forfeited iiiidfr tliis chapter, shall be deenietl to li;iv(! stoltM) the goods, &:e., being the ])roperty of Jfev Miijcsty, and t'> be guilty of felony. (See. 10."),) I)(i(jks, pictures, iiiod(!ls, \-c, of an immoral or indecent rhanicter, not to be imported; if imported shall be forfeited iiiid destroyed, penalty Si 0(1. (Sec. lOG.) oilicei wilfully neglecting to ja'cvent smuggling; puiiish- iiitiii, dismissal and line ^200. (See. 107.) Owners of steamships must provide a suitable lu<"ra<'e inula to lie approved of by Jteceiver (ieneral. (Sec. IDS.) Sec 1(111.— If any goods imported into this Colony or its 'I'lHMidcneies, at any other place than some port or place of iiiir\- wlune a Custom House is then lawfully established, are ami. (I past such Custom Horse, or removed from the place ititi'iiited fur iho "xamination of such goods by the proper "lliivr of til." Cu.stums at such i)ort or place, before the same liiivc lieen examined by the proper ollicer, and all duties ihmm paid, and a permit given accordingly; or, if any in ■ 156 CllntlllJI :. vessel with (lutiiil>le goods oil boiud enters uny phi'.'e ')Llier tliaii ii port of entry, (nnhiss from stress of \ve,it!:cr or other unavoicialjle cause,) such goods (excejjt those of an innocent owner) shall be forfeited, together with the vessel in which the same were imported, if such vessel is of less value than eight hundred dolhirs ; ami if su(^h vessel is worth more th.iii that sum, it may be seized, and the master or person in charge thereof shall incur a penalty of eight Imndred dollars, and the vessel may be detained until such penaliv be jKiid, or security given for the payn:ent thereof; and unless i)ayment bo made or satisfactory sccurit^' given within thirty days, such vessel may, at the expiration thereof, be sold to pay the penalty. Section !<)'.» is a very inijioriant provision and gives the officer great ])Ower to prevent smuggling. On small and remote harbors ; the actual i)iesence ')f a vessel in any such port, (not a port of entry) unless from stress of weather or such an unavoidable cause as to repair damage, &c., renders the vessel pvirnd facie liable to be seized. Of course any otUccr who knows his duty, will endeavor to o1 tain evidence that smuggled goods have been sold or lanued from the vessel, and he should, if is liiis not obtainable, get general evidence about the character of the master, his aateccd.nits in the smuggling business, &c. After seizing a vessel, the ollicer should take every precaution to secure her , mindful of the "Girardin" case. 1 would advise putting at least two men, night and day, as watchman, unendening the sails, at any rate the mainsail, or unshipping the rudder and generally take every percautiou to prevent the vessel being carried off. Of course where there is a chance of security being promptly given, these {jrecautions will be unnecessary • very assistance 4 P'P* 10/ Ciisluiiis. .), 1 I be j^iviMi I.. Uii. iiKistcr \n obtain .such sooiirity, iin-l wb-^re tbe lleceiver LJeucml ciin b^^ .oiniininicatud witb, bo ^v:l1 probably mana.^.' it, wlun oncu word comes fr-.m Uio •leceivor (;eiie" 1 tbat security bus been given, tbo vessel should be at once released. Master or owner must supply li a. Justice of the Peace, who can inflict lines up to 3200 and give G months imprisonment. In the Su}treme Court, either party may demand a jury as in ordinary cases of felony and misdemeanor. (Sec. 114.) Appeal to the Supreme Court on conviction by Magis- trate, I"*' giving noLice four days after judgment, and if required by Magistrate, recognizance with or without sureties to abide by judgment of Supreme Court. (Sec. 115.) QUARANTINE.— In the (>utports Custom House Officers, with the assistance o( the i\Iagistrate and police, have to carry out the Quarantine IfegnlaHous. CATTLE DISEASE. — Also regulations to prevent the intro- duction of cattle disease. GUN-POWDER.— They must strictly enforce the law relativi; fc the storage and landing of gun-powder. [See Guii-pntcdci:] 159 Customs — Damages. llEROSENE OIL and other inflammable oils. There are very strict regulations about the landing and storage of these dangerous articles. The police should be informed of any infraction of the law, and in their absence theoffi er should make a complaint before the nearest Stipendiary Magis- trate. Tanl: ships (vessels with oil in tanks) should not be allowed to come to a wharf without special permission and special precautions. The law on these subjects will be found under the various titles, — Public Health, Cattle Disease, Gun-powder, Oils — Inflammable. OAMAUES.— 'This subject is treated concisely under the title Evidence as regards civil cases, and under the title Injury in criminal proceedings. i6o Deer — Preservation of. DEER-PRESERVATION OF. This valuable measure, for the protection of our noble caribou, was introduced in 1889 (52 Vic, cap. 11), and amended by 53 Vic, cap. 10, (1890), and also by 54 Vic, cap. 13, (1891). These Acts have been since al tered by Acts of 1896 and 1897. The former wholly repeals the Act of 1889, and parts of the Acts of 1890 and 1 89 1. The Act of 1897 makes the close season from February ist to 15th July; and again from 7th October to 20th October ; the object of this latter close time was to prevent deer being killed in the rutting season. The poor settler's section is now eliminated, also the privi- lege given to Government surveyors to kill deer for food. I think the license fee is placed too high. If proper pro- vision was made for the slaughter of the murderous lynx, that now destroys the young deer, the caribou could take care of themselves ; whilst their range extends over such a vast territory they can never be destroyed, ' . No person shall hunt, kill or pursue with intent to kill, any moose or elk, within this Colony at any time from the first day of January, 1896, to the first day of January, 1906. 2. If, within the time specified in the foregoing section, any person shall have in his possession the carcase of any moose or elk or any part thereof, such possession shall be prima facie evidence of his having violated the foregoing section. 3. Any person violating the first section of this Act i6i Deer — Preservation of. shall be liable to a penalty not exceeding two hundred dollars, and, in default of payment, to imprisonment for any period not exceeding three months. 4. No person shall hunt, kill, or pursue with intent to kill, any caribou from the first day of February till the fifteenth day of July, both days inclusive; or from the seventh day of October till the twentieth day of October in any year. No person shall expose for sale, or have in his possession, any part of the carcass of a caribou from the twentieth day of February till the fifteenth day of July in any year. 5. No person, not actually domiciled in this Colony, shall hunt, kill, or pursue with intent to kill, in any season, any caribou, without having first procured a license for the season, and shall pay for such license a fee of one hundred dollars : Provided, nevertheless, that no officer of any British warship, stationed on the coast of this Island or fisheries protection, shall be compelled to procure or pay for such license. 6. The license, required by the preceding section, may be issued by a stipendiary Magistrate or a Justice of the Peace. The person procuring the said license shall pay therefor a fee of one dollar and make oath or afi.rmation Lhat he will not take or kill for the seasc which the license is issued in manner provided by this Act, a greater number than three stag and two doe caribou, nnd that he will use his best endeavors \.o have the cai cass or flesh of any caribou he may kill carried cut of the woods or inte- rior of the country into some town or settlement within ten days after the caribou shall hav«^ been killed ; and I s ♦ I 152 t)€er — Preservation of. that he will duly enter for exportation at the Custom House any caribou heads, antlers, skins, or other parts of the caribou which he may lawfully export. 7. No person shall export the carcass, or the head, antlers, skin, or other part of any caribou without first en- tering the same at some Custom House for exportation. Such person shall make oath or affirmation specifying the weight of the said carcass and the number and quantity of said heads, antlers, skins, or other parts of caribou aforesaid being so exported, and the manner in which the same have been obtained, and that the same are not being exported as an article of commerce, and shall also niakt oath or affirmation of the number of caribou he has, or any party he shall have been with ha/e, killed or taken in the course of the season, and shall thereupon pay a fee to the officer of one dollar. No carcass, nor the heads, antlers, skins, nor other part of caribou, shall be exported unless accompanied by the owner, nor shall any person export more than one carcass of caribou. 8. Any person knowingly or wilfully making a false oath, or false affirmation under the next preceding section shall, in addition to any other penalty to which he may be subject under this Act, be deemed guilty of wilful and cor- rupt perjury. 9. The holder of a license shall produce the same when requested to do so by any person, and upon his refusal or neglect to comply with the said request, he shall be liable to a penalty not exceeding twenty-five dolb . 10. No person shall, during the time by thi!!»Act allowed 163 Deer — Preservation of. for killing caribou, in any one season, kill or take more than three slag and two doe caribou, and no number of persons forming a hunting party of three or more shall in any one season kill more than two stag and one doe cari- bou for each member of said hunting party, exclusive of guides. 1 1 . No person shall set, or attempt to set, any snare, or trap, or pit, for the destruction of caribou, under a penalty of not less than twenty-five nor more than fifty dollars for each offence, and the finder of any such snare or trap may destroy the same. The possession of any such snare or trap shall be presumptive evidence of the attempt of the person in whose possession it is found, to set the same for the destruction of caribou. 12. Any person who shall hereafter hunt, chase, wound, kill, or pursue with intent to kill, any caribou — (i). With dogs; or, (2). With hatchet, tomahawk, spear, machine, contri- vance, or weapon other than fire-arms ; shall be liable to a fine of twenty-fivc dollars, in addition to any penalties to which he may be otherwise liable under this Act, to be recovered in a summary manner before a stipendiary Magistrate or Justice of the Peace by any per- son who shall prosecute the offender to conviction. 13. Any person who shall violate the 4th, 5th, 7th or loth section of this Act shall be liable to a penalty not ex- ceeding four hundred dollars, and, in default of payment, to imprisonment for any period not exceeding six calendar months : Provided that where a fiae of forty dollars or up- wards, or a term of imprisonment of one month or more is i ' 164 Deer — Preservation 0/. imposed, such person may, within one week after judg- ment, appeal to the Supreme Court in St. John's or on Circuit, upon giving satisfactory security for the prosecu- tion of such appeal : Provided further, that if, upon the trial of any person charged with violating the 4th section of this Act, it shall appear that such person has bona fide killed any caribou for the (the word " immediate " stricken out by 60 Vic, cap. 8, sec. 2), use for food of himself and family, he shall not be deemed guilty of an offence against this Act. 14. Any person who shall be convicted of any violation of the provisions of this Act shall thereafter be incapable of receiving a license under this Act. 15. Whenever any person shall make affidavit before a stipendiary Magistrate or before a Justice of the Peace, that he has reason to suspect and does suspect that the hide or any portion of the carcass of a caribou, killed dur- ing any close season, is concealed on the premises of any person, it shall be lawful for such stipendiary Magistrate or Justice to cause a warrant to be issued, authoriz- ing the person to whom it is addressed to search such sus- pected premises and seize and take any such hide or por- tion of the carcass of a caribou found therein, before such stipendiary Magistrate or Justice, to be dealt with accord- ing to law, and the said Magistrate or Justice shall have power to confiscate the same. 16. It shall be the duty of the Magistrate or Justice before whom a prosecution takes place, to send caribou meat when seized and confiscated under the provisions of this Act, to the Commissioner of the Poor or the Reliev- i65 Deer — Preservation of. ing Officer for the use of the poor. The skin and horns, when confiscated, shall be sold by the said Magistrate or Justice, and the proceeds shall be paid to the Receiver General for the use of the Colony. 17. All fines and penalties under this Act, except where otherwise provided, shall be sued and recovered in a sum- mary manner on information or complaint before a Justice of the Peace, by any person who shall inform and sue for the same; and one-half of all fines, penalties and forfeit- ures imposed under this Act, except as aforesaid, shall be awarded md paid to such complainant who shall prosecute the offender to conviction, in addition *"i all costs and ex- penses consequent upon such information or complaint and prosecution, and the said Justice of the Peace shall have power to award the same, and the other half shall be paid to the Receiver General for the use of the Colony. 18. Any Magistrate or Justice of the Peace, who shall grant licenses under the provisions of this Act, shall, upon the thirty-first day of December in each year, make a re- turn to the Colonial Secretary, specifying — (i). The number of licenses issued by him during the year; (2). The name of licensees; (3). The amount of fees collected; (4). The number of complaints made for a breach of this Act; (5). The names of complainant and accused, and the manner in which each complaint has been dis- posed of; and he may give all such further information as he may M Ij* i I l66 Deer— 'Preservation of. deem necessary for carrying into operation the provisions of this Act. 19. The term "close season" in this Act means the time in any year within which the himting, taking, or kill ing of any caribou is by this Act prohibited, and the term " season" mears the time within which such hunting, tak- ing, or killing is by this Act allowed. 20. The Acts mentioned in Schedule 4 of this Act are hereby repealed to the extent mentioned in the third column of that Schedule, but such repeal shall not affect — {a). Any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment hereby repealed ; or {b). The institution or continuance of any proceeding, or other >medy under any enactment so re- pealed for the recovery of any penalty incurred, or for the punishment of any offence committed, before the commencement of this Act. 21. Any person who shall scaffold the carcass of any caribou, and shall allow it to remain upon such scaffold for a period exceeding twenty days from date of its being killed, shall be liable to a fine of twenty-five dollars, to be recovered in the manner provided in section 1 7. 22. This Act may be cited as " The Deer Preservation Act, 1890." SCHEDULE I. Form of Licen.se. In consideration of the payment of One hundred dollars by , of , the receipt whereof is here- i6; l)ecr — Preservation of. bv acknowledged, and of his having taken the oath pre- scribed by section six of the "Deer Preservation Act, 1896," permission is hereby given to the said to kill three stag and two doe caribou in this colony, under and subject to the provisions of " The Deer Preservation Act, 1896," and any Acts in amendment thereof. Dated at .this day of ,18 . J- P. SCHEDULE 2. The information of , in the Island of New- foundland, who saith that he hath reason to suspect and doth suspect that (here state the offence against the Act, such as " the meat of caribou is concealed in the premises or pr^oerty of A. B., of C, in the district of D..^and that such caribou was killed in close season in the district of D by E. F., of C, aforesaid"), and (here state the cause of suspicion). Wherefore he prays that a search warrant may be grant- ed to search such premises or property for the same. Sworn (or afifirmed) before me, this day of , A. D. 18 , at T P SCHEDULE 3- Search Warrant. Newfoundland, District of To all or any of the Constables in the District of Whereas . of , in the district of has this day made oath (or affirmation) be- fore me, the undersigned, that he hath reason to suspect and doth suspect (here state the offence, see Schedule 2.) f i i- Deer — Presematiou of. These are, therefore, to require you, in Her Majesty's name, with proper assistance, diligently to search such premises or property in the day time for the said and if you shall find the same, or any part thereof, you bring the same before me, or some other Justice of the Peace or stipendiary Magistrate, to be dealt with accord- ing to law. Given under my hand and seal at , in the dis- trict of , this day of , A. 1). 1 8 J. P. SCHEDULE 4. Section and Chapter. Title ok Short Title, Extent of Repeal. 52 Vic, Cap. 1 1 53 Vic, Cap. 10 54 Vic, Cap. 13 An Act to provide for the Preservation of Deer. An Act to amend the Act 49th Vic, cap. 9, entitled "An Act for the Preservation of Game," and the Act 52nd Vic, cap. II, entitled "An Act for the Preservation of Deer." An Act to amend the Laws relating to the Preservation of Game and Deer, and also to amend the Law relat- ingto Inland Fisheries. The whole Act. Section 3. Section Kii) DESERTED WIVES ftND CHILDREN. 1. — WliciKiVcr !i CDiupliiint. on oiilli .shall be made by a Cimiini.ssi(,iu^r of the Poor, oi any other jierson, before any Stiin'ndiary -Itistiee, (*() that any husband ha« lek destitute, ;i!>,ind(iued, or dt'st;rti;d, or is about to leavti destitute, abandon V (kscrt his wife; (hat any parent has left destitute, abau- ned or deserted, or is about to leave destitute, abandon or k'seit bis infant (/>) ehild ; or that any child has hsft destitute, ahaiidoni'd or deserted, or is about to leive destitute, abandon (ii ii(,'si-rt his a;^ed or intirni ])an!nt, the person so left desti- tute, abandoned or deserted, or atjout to bu left destitute, aliandoned or doserted, bein.u; destitute of the means of sup- ],(iil, and likely to lu'couie a, burden on the Colony, (r) and the |i.irtv so k-aving destitute, abandoiun,^ or deserting, or about to leave dt'stitute, idjandon or (htsert, having the means (.1 do (o) An Honorary MaKistraio in the absence, &c., of tlie Sti- pendiary Magistrate eould aet. (b) The term infant here means a person under Twenty-one years of age. (c) The object of this Act is to make people who can afford to do so, support their poor relations, and the Magistrate, whether he acts solely as a Justice of the Peace or as Poor Commissioner, should "do all in his power to prevent the Col jny from being burthened with the support of paupers whose roia- tions cran be compelled under this Act to support them. The relations mentioned in the chapter are the only ones whT can hi- rto (H)muelled bv this Law. ^ ..^^> IMAGE EVALUATION TEST TARGET (MT-?) // i// -4- U.i :/- !.0 11.25 l^|2.8 2.5 2.2 2.0 JA IIIIII.6 Pholographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 ,\ ^^ m -\ :\ \ # <> ^^ ^ fe ^ 1^ '! 1 1 ■ ' ' " 1 1 f i I! 170 , iu 1 i Deserted Wirr.s- ami ChUaren. or ability to maintain such wife, chil.l .,r i.arent, af,.resm,l such Justice inay, by .summons or by warrant, cause tlu- party .so cliarged to bo brought before liim, and tliereupon it upon inquiry .such complaint shall be .sustained, such Justice may require the party charged as aforesaid to give security by bond to the Stipendiary Commissioner of the Poor at St John's, and his successors in office, for the support and main^ teuance of the person in relation to whom the charge is jnade • and in default of such order being forthwith obeyed, may sentence the party charged t.; imprisonment, with or vr'ithout hard labor, for any period not exceeding thirty days : Pro- vided that if after committal the party charged shall oive such security, he shall be forthwith discharged; and every subsequent month's abandonment or desertion as aforesaid shall be deemed a repetition of the first offenc". 2.— In any case where, upon any such complaint, it shall bo made to appear upon sucli inquiry, and whether the party charged shall have been brought before such Justice or not, (a) that the party charged has any property or money within the jurisdiction of the said Justice, or that he is in the receipt of any salary, allowance, pension (.r wages, such Justice may, if such order aforesaid be disobeyed, or cannot be made by reason of the party charged not being brought < ^.^Tah^tfnJf f^f^fr the party charged shall have been (thought before such JtiBtice or not ; in the first section the cartv bea?tnam°rv1.efA°T-^' before' the Justice.Tnd "here^mS oe an enquiry held by him in presence of the partv charapfi ?«f T.r ^ -^^'^^^^Z?^" "^^'^^ an order. The proSdTngs unde Ch-in ?s Z±ni^ n' conducted in the manner prescribed h cnap 13, Summary Con\.?tion, and the Forms No 13 &c will be applicable. Forms to suit Sec. No. 2 are speei^al and Vlmv given thrim at the end of the Chapter "Peoiai, and i iuim Dcr.erlnl W!ri:s and Children. LefoiT! such Justice, make an order directing the uppropria- fioii of so much of such money or property as may be neces- sary, or the payment of a leasonable proportion of such salary, allowance, pension or wages, towards the maintenance ;i!iu suj^port, from time to time, of the party the subject of .siic.il order; and .such order shall I)e binding and obligatory upon all ])ersons having notice thereof; and every employer ur other person having the payment of such money, salary, allowance, pension or wages, shall conform to and obe} the same, and in default of conformity and obedience thereto, may be comi)elled to pay the amount from time to time jiay^ able thereunder, with costs, in an action of debt to be brought and determined in a summary manner, in the name of the >Stij.endiary I'oor Commissioner at St. John's, before any Stipendiary diistice. ;J.— The Justice may, for the i)urpose of such inquiry, fnuipel the aj.jiearance by summons, and if necessary by warrant, of a.ny tliii'd per6on, and examine such person upon uatli as tr) any such money, i)roperty, allowance, pension or wages aforesaid. 4.— The term "].arent" in the preceding sections shall iiiclu.iea. grand-parent, and the term "child" a grand-child. 5.— I'pun complaint upon oath being made before any Stipendiary Justice that any husband or father having pro- perty is by habits of drunkenness dissipating his property, so a.s to expose his wife or children to the danger of destitution, such Justice may summon such husband or father before liiui, and inquire into the matter of aich complaint, and if iipoii eiKpiiry the same shall appear to be well founded, may iiiake ai order requiring sucli husband or father to give \7-2 JJescrfi'il Wii'.i miil. Children. Security to tliu SLijR'iuliary CniniuisHior.cr of lIil' I'uov iiL .St. Jolin's, 011(1 his siitjct'ssors in dllii.-c, IVir i\w iiiiiiiitciiiiiKH! df Lis I'iiuiil}', and in det'ault of such orde hciiiif obeyed, mav coiiimil tliu 'dfi'iidcr lo pvismi uiiiil lit3 sliail i'dik'ui'iii l.i surh order or In; discharged by due course of law. And ihe -niil -fiistice, where such securify as aforesaitl shall not, be givfii, may, in lieu of conunittiug such offender lo jirison, otdei' ilmt. so much of th{! projierty of such ofl'ender as may b(.' m'(.;,.s- sary bo taken .'ind a])])lied lo ihe maintenance of his family; and such last-mentioned order shall be carried into elfnei nnder the (lirection of the Stipendiary I'oor ('onimis^sii.nti', and shall be a justification in law for his [loc'eedings ihrrc- under; and the provisions of the second and third si'ciion,> i/f this chapter sha,ll be applicable to the oI)ject of this section, (a) 6. — Every such order made by a Stipendiary Justice, affecting landed property, shall lie registered in the Kegislry of Deeds for the District when^ such land may be situated; and, from the lime (jf such order being d'.![)(j.iited for registia- tion, shall have the effect of ) (a) By the latter part of tbis section it wouJd appear that an order may be made though the party charged was not before the Justice. However, his presence should always be procured if possible. [b) An order to sell land might be made in the following form, after reciting the complaint that the husband or father is dissipating his property, &c., 1, the said Justice, by virtue of the 1 owtr vested in me under the 5th section of Chapter 108, 17;.^. Dcscrlcil lI'Vo- mirl Child nn, 7. — All deeds, iissignnt.ents and oonveyaiict's of ai)y lands or otliev property made, done or executed wiiii ilu' intent and ))iiij)o,se (if defeating any uttaclunent luiido in pursuance of this cliaitter, shall he, and t'.ie same are lu-ndiy declared void, except in the case of a Inytia Jide purchaser or grantee, for a valuable considerntion, who shall not havi; heen aware of or a party to such intent and pur-|)ose. 8. — FoKM UF CuMl'I.AlNT. — Northern District,) Newfoundland, Island Cove, y to wit : J The complaint, on oath, of Ann Giles, wife of Job Giles, of Island Cove, fisherman, who 8aith,--"My husband, Job Giles, has aba: ned and deserted me, and left me and my children destitute of the means of support, and I am likely to become a burthen upon the Colony {or I am nov> receiving poor relief.) I am the mother of children by the said Job Giles ; the eldest child a boy [or a girl] is years of aj2;e, the youngest is years. My said husband has dollars due to him by John Smith, planter, of Island Cove, for wages, [or has flsh or has rent, &c., as i7i order] and I pray that an order may be issued to stop the said money in the hands of John Smith, and to have the sum appropriated towards the support of myself and my ehildren." Sworn, &c. F()i{M <)i' Okdhu ixdki; Skction 2.- Newpoundlanu. Northern District, "j Island Cove, y to wit ; J Whereas on the day of last, complaint, on oath, was made before me, the undersigned Stipendiary Justice of the Consolidated Statutes of Newfoundland, do order and direct that the land, with the dwelling house thereon, {the property of the father or husband,) situate at , bounded as follows, be- longing to be sold, and that out of the proceeds of such sale, dollars be appropriated towards the maintenance and sup- port of (wife or childy under the direction of the Stipendi- ary Poor Commissioner at 174 ih si-rtcd II irrK ( uu/ Chi hi I •en. Peace for the said districf, by Ann Giles, wife of Job Giles, of Island Cove, aforesaid, fisherman, that the said Job Giles had deserted and abandoned her and her children, and that she wan left destitute of thi moans of support and likely to become a burthen upon the colony. [// receiving poor re.lle f mi/, and has become a burthen upon the Colony.] And whereas J issued my warrant upon the said complaint for the apprehension of the said Job Giles, but the said Job Giles has not been arre.^ted or brought h'jiore me, and I am therefore unable to obtain security from tbe said Job Giles for the support of his family, pursuai^.t to. the first section of chapter 108 of the Consolidated Statutes of Newfoundland; and whereas it has been made to appear to mo, upon oath, that the said Job Giles has certain monies in the hands of John Smith, planter, of Island Cove, [or he has certain wages dues to him, Job Giles, by ,orhe, Job G lies, receives dollars rent for a certain piece piece of land tuith a dwelling hoiise thereon, situate at , bounded, c&c, as the case may be.] Therefore, by virtue of the power vested in me under the second section of the said chapter, I order and direct the said John Smith to pay over [to the Clerk of the Peace at , or, to the Stipendiary Commissioner of the Poor, if there be one inthv place, or if neither, then say, to , the constable who bringeth this order] the sum of dollars, to be appropriated" [a] towards the maintensince and support of the said Ann Giles and her children. Witness my hand and seal, at Island Cove, aforesaid, this day of , 189 . T. Wills, O To Mr. John Sm. .h. Planter, Stipendiary Magistrate. Island Cove. I/O The Poor Commissioner or Magistrate will appropriate the money towards tne support of the wife and family in the manner most beneficial to them. John Smith should be sum- moned or arrestea if he will not attend or pay over the money 375 DESTRUCTIVE INSECTS-COLORADO BEETLE. 1. — The; (lovcrnor in (.'oiincil may, froiii titno to time, make such orders us may be deemed expedient for prevent- ing the introduction into this (.'olony i)l' the insect designated us J)oryphora Decemlineata or (!hrysonu?]a Decemlincata, and commonly called the Colorado r>eetle. Any such order, if the ({overnor shall think fit, may prohibit or regulate the landing in this Colony of potatoes, or of the stalks or leaves of jiotatoes, or other vegetable substance or other article the lauding whereof may appear to the (Jovernor likely to intro- duce the Saul insect into this Colony, and may direct or authorize the destruction of any article if landed. If any person lands or attempts to land any article in contravention of any order under this Cha]iter, such article shall be liable to be forfeited in like manner as goods, the imjiortation whereof is i)rohibited by the Acts relating to the (kistoms, are liable to ])e forfeited ; and the person so offending shall be liable to a ])e!ialty not exceeding one hundred ddlKirs. 2. — The Coveinor in Council nuiy, from time to time, make such orders as may be deemed expedient fcu' prevent- ing the spreading in this Colon} of the insect. Any such i.rder may, if the (Jovernor in Council shall think fit, direc (tr authorize the removal or destruction of any crop of piotci- tO(S or other cro]) or sub-stauce on which the said insect, ia 1 K ^^^^^^^^P^ It ^^B'< W ^p ^^^b 1 I^B' 1 f ITfi Drsfrnrflri' Iu.i:'cts — Dmii'deHij Prr-icj ■r-ioiiK. any stage of existence, is found, or to or by means of w'lich tlie said inseot n'lay ajipear to the Governor in Council likely to spread, and the entering on any lands for the pinpose of such removal or destruction, or for the ])urpose of any <^\. aminatioi! or oiKpury autlim-izod hy such order, or for uny other i>m'pose of the older. Any such order may, if tliu (Tovernor in Council think fit, proiiibit the keeping, selling or exposing, or offering for sale, or the keeping of living speci- mens of the said insect in any stage of existence, or the dis- tribution in any manner of such specimens. Any person committing any offence against or acting in contravention of such, order, shall incur a penalty not exceeding one hundred dollars. * .•{.—Every order made under this Chapter shall lie published in the Royal Gazette. 4. — Penalties imposed by this Chapter may be recovered in a summary manner with costs, before a Stipendiary Magis- trate, and by distress and sale of the offender's goods and chattels. In default of payment of such penalties and costs, the offender may be commiited to prison for a period not ex- ceeding three months. DISORDERLY PERSONS.— Any Stipendiary Magistrate may condemn all loose and disordei'ly person.; convicted before him, on his own view, or ])y their own confession, or on the oath of one or more credible witnesses, to ])ay immediately, or within such })eriod of time as he thinks lit, a fine not ex- ceeding twenty dollars or in default of paymeiU, imprison- ment not exceeding three months. Persons o])enly exposing or exhibiting in any str^u^t, road, public place or liighway any indecent exhibition, ox 177 />/«/;vw — l):.ifin — DriritknenK— J>i/i.n.s that ihe moral inducement to speak ihe truth will be sufticieutly powerful without the additional obligation of an oath, A 1 7S Dylmj I )rfl(t ration In Miinhr ,,>• Mntis/,ai>//,frr-—Fnrm of. dying declaration is a(lii>itt(!(l in (witlenw; iKKuiusci it is [.iv- sumed that no jiorson who is InDuotiiatcOy <,'oiii<,' into tin. prcson-e of his Maker will do s.. with u lie .-n Iii.s h^s, ( Wigrano. ) FORM OF DYING DECLARATION IN MURDER OR MANSLAUGHTER.- Xo particular form is necessary, but it nuiy he as well to state its prinei])al ingredients, in order to its admissibility in evidence against the prisoner; it shoidd only be taken when the Deolarant is in imminent danger of death, and when ho might expire at any moment. AVhenever tluire is time, and there is a suitable o])portunity for doing so, the prisoner should be In-ought into the injured man's i)resenc(', and the depositions taken by the Justice in the usual way. When u dying declaration is taken the three following points arc necessary : — 1. — The cause of the death of tlie declarant hiust bo tjio subject of inquiry. 2.— The circumstances which caused, or is about to cause the death of the declarant, the subject of the declaratinn. o. — It must appear to iiave been made at a tinu^ when the declarant (the deceased) was }ierfectly awf.re oi' his danger, and entertained no hope of recovery The declaration must not be on oii/h, but might be taken •somewhat in this form. District, ) Newfoundland. to wit. ) ' I, A. B., of , in the said District, Fidherman, being aware tnatmyend IS approaching, and entertaining no ]iope of re- covery, do hereby Rolemnly and sincerely declare, that [here set out the statement in the very words used]. (It is well, if pos- sible, to get the injured man to sign it, if he is able, and in all such cases it is advisable to have some one present besides the Magistrate to hear and confirm the injured man's statement.) Taken before me, at , in the said District, i this day of , 189 . (a) j T. Wills, J. P. for the said District. :.i.L DYNAMITE-STORING OF. I, — Xo ])or.s k(i|»L in iniy sliiji or v.ssi 1 in tlio liarbov of any town or st-Ltl.'ini iit in this (jthmy, Ir the use of the ('olon\'. (1 nil' \ 11 II. — No dynamite, nitro-glyceiine, yun-cotton, or otlur such explosive substance, shall be shipped or carried iu or du board of any steanun' or other vessel carrying passengers frnm any part of this Colony to any other part tht;reof, under cmi- tract with, the ( ioverunieiil for the (^arriaux; of .such i>asseu''crs. II'. — -In addition to the ]ienalti(;s and lorftMi iircs j.id- vided by the tenth section of this (!ha]>ter, any person gaill} of a wilful A'iolation of any of the jirovisions -if this Cliajitir, shall i.'C liable for tlu^ iirst olfence to ii line noi e.vccetlinu Iwcnty-livc dollars, or iinprisonnu'iit for u term not c.vcceuiiiL; one month ; for the second olfeucc to a liuo not exccedinn lil'tv iti'? < 18:; Dijnarn ife — S/nriinj /■/. (iidlars, (iv iuipvisoniiieiit for a tcnu nut oxcfediDg two months; and for the third or any subso(iuent offenco, to a line not exceeding tM'o lumdred dollars, or imprisonment for a term not exceeding four i". ths. 13. — All dynamite, nitro-glycerine, gun-cotton, or other iiich explosive substance, removed from one jxirt of the Colony to another part thereof or from one ])Iaee to anothe)- in any town o^^ settlement therein, shall at all times b(; ccn- veyed and carried by water, as far as the same can be cou- veniently water-borne; and any person wilfully offending against the ])rovisions of this section shall, npon conviction I)(^fore a Magistrate or Justice, I'orfeit and ])ay for the first ilVenco the sum of twenty dollars; for the second offence sty's storelK)Uses, warehouse^-, de| jts, or maga/ines, in iliis ( 'ijlouy. 10. — TJie term '•Jlonse,"in this Ciiajiter, shall inchule Mnrehruise,, war(,!u)use, shoj), eellai'. yard, or any building wiiiithoi ver : and all buildings and ])laces adjoining each other, ;niil oreupied together, shall be di'enu'd lo l.ie one house (tr |ilai'c. 184 DynmnUe — Storiny of. 17.— Nothing in this Chapter contained shall be con- stnieil to apply to, or in any way affect, Title , (Jiiaptev , of these Consolidated Statutes, entitled " Of Storina (Junpowdcr in the ToM'ns of Saint John's, Harbor (trace or Carhonear," or Title , Chapter , of said (Jonsolidated Statutes, entitled "Of the Storing of Kerosene, I'araflne, retrolouin, Naphtha, and otiier Inflammable Oils." 18. — Tho limits of towns or settlements in this Colony, other than St. John's, Harbor Grace and Carbonear, may, for the purposes of this C^hapter, be declared and regulated by the (lovernor, by Proclamation, to be published in the Moijal Gazette. EDUCATION. — This subject is too long and complicated for insertion here, full information will be found in the Consoli- dated Education Act. If 385 ELECTION I aw. The following pages contain the Election Law of this Colony as now consolidated. The only additions are the Jiules which are proscribed for each Election by the (rovernoi' in Council, a copy is given of the liules for th'-. General Election of this year, 1893. (Under Caj). 3, of Consolidated Stahitex, {Second Series), OS amended by 53 Vic, Gap. 1, and 56 Vic, Cap 17.; TART I. Pkeliminauy. 1. — This (^-'hapter may be cited as "The Election Act, 1889." 2, — This Chapter is divided into parts, as follows : — Part T. — Preliminary. Part JT. — Qualilication and Kegistration of Eleotoro. Part 111. — Elections of Members of the Legislative Assembly. Part IV. — Corrupt and Illegal Practices. Part V. — Trial of Contro\ cited Elections, 18G J'J/ccfidii Art, .3. — In this Chapter, unlfs^ tlm context othorwiso iv- quiros — 00 Tho expression "person" means a male person. {!>) The expression " Klectoral District" means any place entitleil to retnrn a member or membei-s to the General Assembly of Newfoundland. (r) The expression " Polling Station " means the place where polling is authorized by law to take jilace. ((/) The expression " List of Electors " means the list of persons qualified by law to vote at the election of a meml3er of the (leneral Assembly of New- fouTidland. 0') The expression " Voters' List " means tlie list Icepl by a ]*olling ("lerk at an election. L'AKT n. QfAT.lITC.VTK.N AXJ) ElUasTl.'ATfoN OF KlK('T()1;S. Qualified f 10 1). 4.— Every male .IJritish subject of the full age of twenty- one years, who for two years preceding the day of election has been resident in th-s ( "olony, and is of sound understanding, shall be competent to \'otc for tlie election of members of the House of xissembly in and for tlu) L:iectoral District or divi- sion of a district, as tho case may l)e, within which he is an actual and hona fide resident at the time of the ja-eparation of tho list of electors or supplementary list of electors, as Ihc case may be : Provided that any person temjiorarily employed or staying in any distritit or division of a district, as tlie ca.s(> may be, anrmination of ]iis employnuiul 187 Ehrtl nil / U:l. or stay to return to his home in anotlior piirb of the (,'olony, sliall not be deonied to be an actual or ^nma iklc resident wiihiu the meaning of this section. •"). — Xo uer.sou wlio shall liavo received ivlief, as a l»;uipor, from or out of the public moneys, at any time during the year immediately preceding any election of a member to serve in the Legislative Assembly, shall be competent to vote at such Election. G. — 'I'he 'ludges of any (Jourt now existiny or hereafter created, wiiose a})})ointment rests with the Governor, shall be ilis([ualilied and incompetent to vote at any election. 7. — Ii'eturning Ollieers and Klection Clerks shall be iU'ud)er lo servt; in the liCgislative Assembly "whose name shall not have been previously registered in the manner rc([uired l)y this (Chapter. UctjistraiUm. '.). — At the ('ourts of (general or (^^uarter tSessious of the I'cace, to be lield in the several Districts of this Island at such lime.'-' and places as the (iovernor .shall, by his Trocla- uiaiif)',!, appoint, the Justices at such Sessions shall, once in every four years, make out lis;ts of all the inhabited places H\ 188 Klrcti'j)! Ai't. witliii'. their respective Districts, ami sliall assign to each of such .Justices ^v•ithill such J)istrict a particuhxr division {.hvw- of, within which such Justices shall act in procuring Mud revising the lists recinired by this Chapter; and such .Iii.stices shall give orders or instructions in writing to suc!i ]>ersous as they may a})point to make out alphabitical lists, according to the form of Schedule A to this Chapter, of all persons, en- titled to vote ntany election of a member of the Legislative As- sembly, who reside at such places or within such limits as such Justices may, by such orders or instructions, assign to such persons respectively, and of all persons who shall claim to be inserted in such lists, Kvory person so appointed, be- fore entering upor, such duties, shall be sworn faithfully to perform the same before any Justine of the I*eace. 10. — The (lovernor in Council uuiy make all such rides and regulations as may be deemed necessary for tlie more cHicient preparation and revision of the Lists of Electors pro- vided for by this Chapter, and impose fines and penalties for the violation or non-observance thereof, and said rules and regidatious, upon publication thereof in the Royal Gazcth', shall have the force and effect of law. 11. — The persons appointed to prepare th.e lists shall cause copies thereof to be lixed on the Court House or near the doors of iill Churches, or other places of public worship within their respective limits ; or if there be no sv ..'onrt House, Church, or place of public worship, then on some ])ublic placi within such limits, and shall also affix thereto a n(jtice according to the form of Schedule P> to this Chapter, reiiuiring all persons whose names are not included in such lists, and who may consider themselves entitled to vote at sucli election, to deliver or transmit to the said persons by l89 Election Law, whoiD such lists have been respectively prepare J, on or before the time mentioned in such notice, a notice of their claim as such electors, according to the form of Schedule C, or to that effect. 12. — The persons appointed as aforesaid shall, to the best of their knowledge and information, insert the names of all qualified persons into such lists, and deliver and duly make return of all such lists to the Justices, by whose directions such persons have acted in making out such lists. 13. — The said Justices shall have power at any time before the holding of the Courts of Eevision, provided for by the said Chapter, to summon before them at any reasonable times all persons whomsoever who may be able or supposed to be able to give evidence or othnr information necessary for the correct preparation of the said lists, and to examine the said persons upon oath, and to require such persons to produce any books, registers, documents or papers in their possession and considered necessary for the said purpose, and any person refusing to attend upon any such summons or to give the evidence or information asked for or to produce any such book, register, document or paper, shall be liable to the same penalties as would apply in case of a similar refusal by a witness in an ordinary summary proceeding before a Justice. 14.— The Justices of each of the said districts shall, on or before the day appointed for that purpose by them, make out according to the form of Schedule E. to this Chapter, a general alphabetical list of all persons within th<- several divi- sions of their respective districts entitled to vote at such election, or who shall claim to be inserted in such list as electors in the election of a member for such district. 190 Elect iun Laii:. '?i 15. — The Justices, if tliey shall have reasonable cause to believe that 'any person so claiming, or whose name ^hall appear on tlic register for the time l^eing, is not entitled to vote in the election of a member for the district in which hi.s place of residence is stated to be situate, shall add tiie word "objected to" opposite the name of every such person on the margin of such list, IG. — The Justices, or one of them, in eaJi respectivt; division of tiie district, shall sign such list, and shall cause a sufficient number of copies thereof to be written or printed, and to be fixed on the court house or near to the doors of all the churches or other places of public worship therein; or if there be none such, then to be posted up in some public places therein, 17. — The Justices shall likewise keep a true copy of such list, to be perused by any person without payment of any fee, at all reasonable hours during the period of the sitting of their respective Courts of revision, after the said list shall have been made, 18. — Every person who shall be upon the register for the time being of electors for any district, or any constable of the district or person appointed to prepare a list of electors, may object to any person as not having been entitled to have his name inserted in any list of electors for such district; and every person so objecting (save and except Justices objecting in the manner hereinbefore mentioned) shall, on or before th\ opening of the Court of lievision, give or cause to be given a notice in writing in the form of Schedule 1) to this Chapter, or the like effect, to the J ustices who shall have nuxde out the list in which the name of the person so objected to shall 191 Eloi'fion. Law. liavc been inserted; and the person so objecting shall also, on or before the said time, <:;ive to the person objected to oi' leave at his place of abode as described in such list, a note m writing according to the form of said Schedule D, or the like effect. 19, — On a day to be appointed and publicly notified by them, the Justices shall once in every four years, except as liereinafter mentioned, hold open Courts of llevision at th • places within their respective divisions of districts, and such court shall be held by one or more Justices ; and such Jus- tices respectively shall there produce the several lists of electors so taken for that division of such district, and also a list of the persons objected to; and the persons who have made the several lists shall answer upon oath all such ques- tions as the said Justices may put toucli^'ng any matter neces- sary for revising the list of electors. AnJ such Justices shall retain on the list of electors the names of all persons to whom no objection shall have been made in the manner hereinbe- fore mentioned, and shall also retain on the list of electors the name of every person who shall have been objected to, unless the party objecting shall appear by himself, or some one on his behalf, in support of such objection ; and where the name of any party inserted in the list of electors shall have been been objected to by any perbon, and such person so objecting shall appear by himself, or some one on his behalf, in support of such objection, every such Justice shall re(|uire it to be proved that the person so objected to was entitled on llie opening of the said Court of Revision to have his name inserted in the list of electors ; and in case the same shall not be proved to the satisftiction of such Justices, the name of such person shall be expunged from the list ; and \ 1 I ■ f 192 Meet ion Law. if it shall happen that any person who shall have given to the sdid Justice, or the person who has prepared the list respectively, due notice of his claim to have his name inserted in the list of electors, shall have been omitted by such Justice or person from the said list, such Justice shall upon the revision of such list insert the name of the person so omitted, in case it shall be proved to the satisfaction of such Justice that sucli person gave due notice of his claim, and that he was entitled on the opening of the said Court of EevisioTi to be inserted in the list of electors. 20. — After the formation of a revised list of electors, no person whose name shall b^ upon such list shall be required thereafter to make the claim prescribed in section nineteen, so long as lie shall retain the qualification and continue in the place of abode described in such list. 21. — Any person who may have been absent from his usual dwelling place during the whole time when the list was posted up in such place, and whose name shall have been omitted from such list, may at any time before the closing of the Court of Eevision, give notice to the revising Justice of his claim to be inserted in such list, and such revising Justice shall, if satisfied of his right to be inserted in such list, insert his name therein accordiagly. 22. — The parties revising the list of electors shall strike therefrom the names of all persons disqualified as paupers under section five. 23. — All Justices holding any court under this Chapter shall hav^ power to adjourn the same from time to time for the space of ten days, and from any one place to any other 193 Election Law. place within their respective diviaions of the disti-ict; and shall have power to administer oaths to all persons objected to or claiming to be inserf d in any such lists and to all wit- nesses who may be tendered on either side ; and if any per- son taking any oath under this Chapter shall wilfully swear falsely, such persons shall bo guilty of perjury and be pun- ished accordingly. 24. — Such Justices shall upon such hearing in open court determine upon the validity of all claims and objec- tions, and shall write their names or initials against the names respectively struck out or inserted and against any part of the said lists in which any mistake shall have been corrected, and shall sign their name to every page of the several lists revised ; and such lists of electors so signed phall be kept among the records of the Courts of Sessions of the respective district's. 25. — Such Justices shall forthwith cause the said lists to be truly copied in alphabetical order in a look or register ; and shall prefix to every name so copied out its proper num- ber, beginning the number from the first name and so con- tinuing to the last name, 26. — Such register or book of electors shall be com- pleted and delivered to the chief magistrate of the district in sufficient time before the then or next General or Quarter Sessions of the Peace for such district ; and a true copy of such register shall be transmitted by such chief magistrate immediately after such General or Quarter Sessions to the Colonial Secretary. 27. — Any person claiming to vote in the election of a member for any district aforesaid who shall feel aggrieved by I I i j m 194 VAi'fliini L(tir, the decision of any Justice ns to his claim to vote, may appeal to the then or next ( General or Quart w Sessions of the Teacc for the district; n-.d the Justices at such (ienoral or Quarter Sessions shall revise and alter the saiil list of voters by the addition of the name of such person, if it shall appear to the satisfaction of such Justices that such person was on the opening of the Court of He vision daly qualified to vote as an elector of the said district. 28. — In the event of any election being appointed to take place at any time before the expiration of the period of four years limited for taking and revising the said lists, and after the expiration of one year from the time when such lists shall have been last taken and revised, the Clovernor in Council may cause the provisions of this Chapter to be put in operation in any of the districts of this Island, witli such alterations in the manner of taking and revising the said lists as may be found necessary. 29. — A Stipendiary Magistrate or Justice, by direction of the Governor in Council, may exercise all the powers con- ferred by this Chapter on a Court of General or Quartoi' Sessions in ?ny district or sub-division of distrct where such sessions may not be held. PAKT in. Election (jk i\[EAiBERs of 'hif Legislative Assembly. 30. — Hv'evy wiiu for the "flection of a member of the Legislative Assembly shall bs dated and be rf-turnable on such day, and shall be addressed to such person as the Governor shall c .^ermine, and such person shall bo the lie- turning Ofllcer at sucl? election : Provided always, that if the person to whom tlio writ is addressed refuses, or is disquali- I'JP J'j/ectina Lair, :. rk^, lied, or is iinablo to act, the (ioverncr may appoint another jtovson to bo sueh lieturning (Jflicer. ol. — None of the pcvsonM hereinafter nicnoion.d shall be appointed Returning Ofticers or Deputy lieturning OHi- covs, KlectU)n Clerks or Poll Clerks, or to any other ollice in connection with the said election or registration of voters therefor, that is to say : {a) Members of the Kxecutive Council ; (h) Members oi the i.egislativo Council or ix';i hilivu Assembly ; (c) Ministers, I'riostj or Kcclesinsti :s of any religious i'aith or worship ; (il) Judges of the Supreme or Districts Coiu'ts; ((') I'crsons who have served in the Legidature in the "cssion immediately preceding the election or iu the then present session ; (/) I'ersons who have been found guilty by any court for the trial of controverted elections, or other com.petep.t tribunal, of any olleuce or dereliction of duty under this Chapter ; {(j) Persons who are intending candidates. 32. — The writs of election shall be in the f' rm of Schedide F to this Act, and in case of elections held out of the electoral district of St. John's shall, in.aiediately after the issuing thereof, be transmitted to the respective lieturn- ing Oihcers. '1 1 if 'i '■ T ]96 Election Law. 33. — Tje Governor shall by proclaTnati.on fix the days and places of nomination and the days of polling in the several electoral districts, and not less than twenty-one days shall intervene between the publication of the proclamation and the day of polling. At every general election one and the same day shall be fixed for the nomination and one and the .lanie day for the polling in all the electoral districts; and the day for holding the poll shall be the tenth day next after the expiration of the day fixed for the nomination of the candidates. The corrt house, or some other public or private building, in the most convenient locality for the groat body of the electors of each electoral district, shall be the place fixed for the nomination of candidates. 34. — The Governor by proclamation shall constitute polling districts or sections and appoint polling stations, and may if expedient by proclamation, from time to time, alter the same or appoint additional polling stations. 35. — At the same time that the election writs are transmitted, the Colonial Secretary shall provide each lie- turning Officer with the following materials : (a) A duly certified list of electors qualified to vote in the electoral district ; {h) I^allot box for each polling station in the electoral district ; (c) Materials for voters in each polling station of the electoral district to mark their ballot papers ; {re the proclamation for the election has been posted up. 52.— Any candidate nominated may withdraw at any time after his nomination and before the closing of the poll by filing with the Returning Officer a declaration on oath in wntmg and signed by himself, to the effect that he withdraws from such nomination freely and voluntarily, and that he has not received directly or indirectly from any person or body any gift, loan, offer, promise or any promise to pro- cure or to endeavor to procure any money, office, place or appomtment or other consideration for such withdrawal (which oath shall be in the form of Schedule P to this Chapter), and any votes cast for the candidate who shall have so withdrawn shall be null and void^ And in case after the withdrawal there should remain buc one candidate, or no more than the number to be elected then it shall be the duty of the Eeturning Olficer to return as duly elected in the manner prescribed in section forty-nine, the candidate or candidates so remaining, without wait^'ng for the day fixed for holding the poll or for the closing of the poll, if such withdrawal be filed on the polling day. 53.— It shall be the duty of the Returning Office on a poll being granted, when the election is to be he held in Saint John's East or West, Harbor ^rrace, Carbonear, Brians, P>ay-de-Verd') T') furnish each Deputy Returning Officer with a number of ballot papers equal to the number of voters entitled to vote in his booth (all being of the same description and as nearly as possible alike), and consecutively numbered upon the back and upon the counterfoil, as prescribed in section fifty-four of thic chapter, and with the necessary materials for voters to mark their ballot papers; and to keep a correct record of fl - v^ 1 1 m Wk 1 .^^1 1 I i m m f 204 Election Law. the number of ballot papers furnished to each Deputy Returning Offier. (/) To furnish each Deputy Returning Offieei' with at least ten copies of printed directions for the guidance of voters in voting as set forth in Schedule to this chapter, which printed di- rections the Deputy Returning Officer shall, be- fore or ^it the opening of the poll on the day of polling, cause to be posted up in some conspicu- ous places outside of the polling station and also in each compartment of the polling station. 54.— The bAUot shall consist of a paper (in this chajitt-r called a ballot paper) shewing the name and descri})tion of the candidates, alphabetically arranged in order of their sur- names, or if there be two or more candidates with the same surname, in order of their other names ; and such ballot paper shall be in the form of Schedule S to this chapter. Each ballot paper shall have a number printed or written on the back, and shall have attached a counterfoil with the same number printed or written on the face. All the ballot papers shall be numbered consecutively from one upwards. 55. — The Returning Officer may if he think fit preside at any polling station, and the provisions of this chapter re- lating to a Deputy Returning Officer shall apply to such Returning Officer or Deputy Returning Officer. 56.— Each J)eputy Returning Officer shall forthwitli appoint, by writing in form of Schedule T to this chapter, a Poll Clerk, who, before acting as £uch, shall take the oath iu the form Schedule U to this chapter. 205 Election Law. 57._In case any Deputy Ketumiug Officer should re- fuse or be unable to act, the Keturning Officer i.,ay appoint another person to act in his place aa Deputy Returning Offi- cer, who before acting as such shall first take the oath pre- scribed in Schedule R to ihis chapter; and in case no such appointment be made, the Poll Clerk, without taking another oath of office, shall act as Deputy Returning Officer. 58._Whenever the Poll Clerk :;cts as Deputy Return- ing Officer lie shall, by writing in the form of Schedule V. to this chapter, appoint a Poll Clerk to act in his stead, who shall take the oath required by Schedule U. to this chapter, 59.— Any person producing to the Returning Officer or Deputy Returning Officer at any time a written authority from a candidate to represent him at the election or at any proceeding of the election, and making oath in the form of Schedule W. to this chapter, shall be deemed an agent of such candidate within the meaning of this chapter, 60.— Every Returning Officer or Deputy Returning Olhcer of an electoral district, and every partner or clerk of either of them, who acts as agent of any candidate in the management or conduct of his election for such electoral district, is guilty of a misdemeanor, 61. A candidate may himself undertake the duties which any agent of his if appointed might have undertaken, ov may assist his agent in the performance of such duties, and may be present with or without him at any place at which his ag-'^t may, in pursuance of this chapter, be author- ized to attend. L'OG Election Lair. ^ fesj m I *!l if '■■•!; I ; I G2. — When in this chapter any expressions are used ro- (juiring or authiorizing any act to he done in the presence of the agents of t!ie candidates, such expressions shall he deemed to refer to the presence of such agents of the candidates us may be autliorized to attend, and as have in f,'^;t j'ttended, ul the time and place where sucli wet or thing is being done; and tlie non-attendance of any agents or agent at such time and place shall not, if the act or thing be otherwise duly done, invalidate in anywise the act or thing done. Go.— Tlie poll wlien granted shall be held at each poll- ing station in a buildint; of convenient access (not being a place of ])ublic w^rshii) or licensed under the License Act;, with an outside door for tlie admittance of tin- voters, and having if possible another door through which they may leave after having voted. Every polling station shall be fui- nishcd with com])artment,-5 in which the voters can mark their votes screened from observation, and without means of ingres.s or egress during the pt)lling except through the room in whieli the ballot box is kept, and it shall be the duty of the iJeturii- ing Oflleer to direct and of the Deputy lictiirning Oflicei' to see that a sufficient number of such compartments are puj- vided at each polling station. (i4.— Kvery Keturning OfJicer, l)e])uty Returning Ofliccr, clerk or agent, or other jiersons authorized to attend at a poll- ing station or at the counting of the votes shall, before enter- ing upon his duties or exercising his functions, make an oath of secrecy in the form of .Schedule X. to this chapter in the presence, if he be the Iicturning Officer, of a Justice ot the Teace, or in the absence of such .1 ustice of the I'eace, of the Deputy Keturning Officer; and if he be any other officer or 207 I'll eel inn. I.dir. a.!j;eiit, of a Jnstico of tlio I'eaco, of tlio l'"tuniiii_n; ( )rii(',er or of tlie Deputy Returning Officuv. 05. — {(i) Every ofticer, clerk and iigent in attendanon at a pollinj^ stati> :i shall maintain and aid in main- taining tilt) secrecy of tlio voting in such station, and shall not couimunicuto to any ];erson any information as to whether any person on the list of electors or supplementary list has or l.as not applied for a ballot juiper or voted at that station. (/>) No officer, clerk or agent, and no person whosoever, shall inttrfere with or attemjit to interfere witli a voter when marking his vote, or otherwise at- tempt to obtain in the polling station information as to the candidate for whom any voter in such station is about to vote or has voted. ((•) Xo officer, clerk, agent or other person shall com- municate at any time to any person any infor- mation obtained in a polling station as to the candidate for whom any voter in such station is about to vote or hos voted. (r/) Every officer, clerk, agent and other peison in attend- ance at the counting of votes shall maintain and aid in maintaining the secrecy of tiie voting, and shall not attempt to ascertain at such counting or communicate any information obtained at such counting, as to the candid, ite for whom any vote is given in any particular ballot paper. (<') Xo elector shall, except in the case pr ivided for in section seventy-seven, show his ballot paper i 2«>8 J'jlectlini Law. whon marked to ntiy porsoti, so ns to allow tho imino of Iho candiihite for whom he votes to hd known. if) No person shall directly or indirectly induce or en- deavor to induce any vctcr to display his ballot pa|)er after ho shall have marked the same, so as to make known to any person the name of the candidate for or against whom he has so marked his vote. {g) Every person who acts in contravention of the pro- visions of this section shall be liable, on nummary conviction before a Stii)endiary Magistrate or two Justices of tho Peace, to imprisonment for any time not exceeding six months, with or without hard labor. 66.— Every Deputy lietuming Ollicer shall on the day preceding ' e day appointed for taking the poll, and after at least twenty-four hours pnblic notice, attend at the place ap- pointed as the polling booth at which such Deputy Keturnin.^ (Mcer is to preside, and shall, fr.. the hour of nine a.m. to eight p.m., publicly receive nnd hear applications to be ad- mitted to vote at such i)olIing booth, from any persors whose names may have been omitted from the list of duly qualified voters entitled to vote at his booth, but who shall claim to be otherwise qnalified volors and entitled to vote at such booth. Every such applicant shall answer upon oath, to be adminis' tered he Deputy Keturning Officer, all such questions toucl .:s qualification to vote as shall be prescribed by rules to be made and published by the (^overnor in Council. Upon its being made to ai)pear to the Deputy Keturning Ollicer imma facie that such applicant is ([ualified to vote, the Deputy Keturning Ollicev shall enter his name upon a so[tHrate li^t or register, to be called supplementary list of eleclois, containing the names of all such applicants, ami such ( ther particulars as shall be prescribed by rules as above pro- vided. On the day of polling every such })erson shall be admitted to vote, subject to enquiry and determination by the court upon a trial of a controverted election, as to the fact of his qualification as a voter. 67. — Each Deputy Keturning Ollicer .'.luill open the poll assigned to him at the hour of eight o'clock in the morning, and keep the same open until four o'clock in the afternoon, and shaM during that time receive, in the manner hereinafter prescribed, the votes of the electors duly qualified to vote at such polling place : I'rovided, that in the electoral district of St, John's, the poll shall be kept open till eight o'clock in the evening. 68. — At the hour fixed for opening the poll, the Deputy Keturning Officer and Poll Clerk shall, in the presence of the candidates, their agents, or not less than three voters, whose names shail be recorded on the poll book, open the ballot liox and ascertain that there are no ballots or other papers in the same, and shall then look it up and place their seals upon it in such a manner as to prevent its being opened without breaking suc'.i seal, and shall place it in view for the receipt uf ballot pai ers and keep it so locked and sealed. Immedi- ately after he ballot box is locked as herein provided, the Deputy Eetuining Officer shall call upon the electors to vote. 69. — In addition to the Deputy Keturning Offic " and llie Poll Clerk, the candidates and their agents (not excee(l= ^ U r* ■ IP I ''h i: I I'll) KLc.ctiuii Laoj. mg one for each candidate) in eacli i)olling .station, and in tli<- absence of agents, one elector to represent each candidate ,,„ the re) The unused and spoilt ballot papers placed together; and ic) The list of those who have voted (a copy of which, signed by himself and the Poll Clerk, shall be kept in his possession ; and {(1) The counterfoils of the ballot papers; And shall deliver such packets to the lieturning Oflicer or his messenger, appointed under the provisions of section eighty-seven, who shall, before reciving the ballot boxes and packets of papers, take the oath in the form of Schedule F F. These packets shall be accompanied by a statement in wilting, made by the Deputy Returning Oflicer, showing the number of ballot papers entr isted to him, and accounting for them under the heads (^f — 216 Election Law. (a) Ballot papers in the ballot box. (/>) lluused and spoilt ballot papers. The Deputy Eeturning Officer and Poll Clerk shall, re- spectively, take the oaths in the form of Schedules D Band E E to this chapter, which shall be annexed to the statements above mentioned. 86.— No person, except by order of the Supreme Court or a Judge thereof having cognizance of an election petition, complaining of an undue return or undue election, shall open the packets of counterfoils after the same have been once sealed up, or be allowed to inspect any such counterfoils after the same have been once sealed up by the Deputy Eeturning Officer: Provided that such order shall not be made by the said Court or Judge until it has been proven and declared on the trial of such petition that the vote of the electors or an elector is invalid, and provided that, in the making and carrying int. effect of any such order, care shall be taken that the manner in which any other than the elector or electors, whose vote shall be declared to be invalid, may have voted, shall not become known or discovered. 87.— The Returning Officer shall appoint a person or persons, by a writing in the form of Schedule F F, to collect the ballot boxes and parcels from the several polling stations in his electoral district, or to convey the same to the Colonial Secretary. Such person or persons shall, before pioceeding to discharge the duties aforesaid, take the oath prescribed in Schedule G G to this chapter, before the Picturning Officer, a Deputy Pteturning Officer, or a Justice of the Peace, and upon the perforuumce tiicMoof, the oath in Schedule H H to this chapter. 217 Election Law. 88.— The Keturning Officer shall make arrangements for counting twvj votes in the presence of the candidates or of the agents of the candidates as soon as practicable after the close of the poll, and shall give to ^he candidates or their agents notice in writing of the time and place at which he will begin to count the same. 89.— The Keturning Officer, his assistants and clerks, the candidates and the agents of the candidates, and no other person shcill be present at the counting of the votes, except Peace Officers, who may be present with the sanction of the Returning Officer. 90.— In case the ballot boxes should not all have been returned on the day fixed for counting the votes, the Keturn- ing Officer shall adjourn the proceedings to a subsequent day, such subsequent day not being n\ore than a week later than the day originally fixed for the purpose of counting the votes. 91.— In case the ballot boxes, or any of them, have been destroyed, lost, or for any other reason are not forthcoming within the day so fixed, the Returning Officer shall ascertain the cause of the disappearance of the b Jlot boxes, and shall call on each Deputy Returning Officer, whose ballot box is missing, or any other person having the same, for the copy of the " voters' list " kept in the polling booth over which the said Deputy Returning Officer presided on the day of polling, which copy shall be verified by the Deputy Returning Officer and Poll Clerk, upon oath, in the form of Schedule I I. to this chapter, before a Stipendiary Magistrate, a Justice of the Peace, or the Returning Officer ; and in case such " voters' hst" cannot be obtained, he shall ascertain by such evidence as he is able to obtain, the total number of psrsons who voted Ml 11 218 Election Law. m pi at the polling station, the ballot box oC which is niissiix- .„,| he may adjourn, the counting from time to time, but noi for a longer period than one week in all for the purpose of nb taming such vote.is' list or evidence. 92.--Upon the receipt by iiim of the missing ballot box Ihe voters' list or evidence of the total number of votes oiven' at the polling station, the ballot box of which is missin.t the Returning Officer shall proceed to count the votes m tli^'pro sence of the Election Clerk, the candidates or their argents if present, and three electors if the candidates or their a-cnts be not present ; and before doing so shall open each ballot box .'md taking out the papers shall count and record the number thereof and then mix together the whole of the papers con- tained in all the ballot boxes. t; I :>i . * (1) The Eeturniug Officer while counting and recording the numbers of ballot papers and counting the votes, shall keep the ballot papers with their faces upwards, and take all proper precautions for preventing any person from seeing the num- bers on the backs of such papers. (2) Any ballot paper not supplied by a Deputy Eeturn- mg Officer, or on which votes are given to more candidates than are to be elected, or on which anything is written or marked by whicli the voter can be identified other than the number- ing in sections fifty-tliree and fifty-four, or which is unmarked, or from whicli it\-s uncertain for which candidate the elector voted, shall be void and shall not be counted. 210 Klcctiun Law, (o) Tlic Ilctm-iiing Officer .shall endorse " rejected " any ballot papers which he may reject as void on (4) 'Yhii Iteturi'ing OHiccr sluill then count up the votes given for each rancUdute upon the ballot papers not rejected, (5) The other ballot papers being counted, and a list kept the number of votes given to each candi- date, and of the number of rejected ballot papers, .dl the ballot papers indicating the votes given for cundidates shall be put into a ballot box or l)oxes marked " .-iccepted," and these ballot boxes sealed with the seal of the Keturning Officer and Election CJlerk, and of such of the candidates or their agents as desire to airix their seals, shall be transmitted to the Colonial Secretary in manner provided in section ] 01; those rejected shall be put back into a different ballot box or boxes marked "rejected," and the sealed packages ol' counterfoils shall be put into a ballot box or boxes marked "counterfoils." i)o.— The Keturning Oflicer shall, so far as practicabk;, ja-oceed continuously with counting the votes, allowing only time for refreshments, and excluding (except so far as he and the agents or candidates agree) the hours between clpven o'clock at night and nine o'clock on the succeeding morning. During the excluded time the Returning Officer shall place the ballot papers and other documents relating to the election under his own seal and the seals of such of the candidates or their agents as desire to affix their seals, and shall otherwise 'if 220 Election Lair. iiiii } take proper precautions for the security ot such papers aud documents. 94.— The Keturning Officer shall take a note of any objec- tion made by any candidate, his agent or any elector present, to any ballot paper found in the ballot box, and shall decide --^y question arising out of the objection, and the decision of such Keturiiing Officer shall be final, subject only to reversal I'.pou a recount before a Judge of the Supreme Court as hereinafter provided, or on petition or proceedings questioning the elec- tion or return. Each objection to a ballot paper shall be numbered, and a corresponding number placed on the back of the ballot paper, and initialed by the Keturning Officer. , 95.— If upon summing up the vote for each candidate at the conclusion of the counting, it be found that the num- uer of ballot mpers deposited in the missing ballot box or boxes, if added to tiie votes appearing by the count to have bten given to any candidate, could not affect the result of the election, the Keturning Officer shall declar'i elected the candi- date or candidates appearing to have a majority of voces. 96.— If upon summing up the votes for each candidate at the conclusion of the counting, it be found that the num- ber of ballot papers deposited in the missing ballot box or boxes, if added to the votes appearing by the count to have been given to any candidate, might affect the result of the election, the Keturning Officer shall direct that another poll shall be held at and for such station, at a time to be appoint- ed by him as soon as may be convenient, within not more than twenty days from the holding of the first poll, of which due notice shall be given; and the Keturning Officer shall have power to postpone the declaration of the poll until after 221 J'] feet ion Lav. the holding of the said accond poll at the said polling station. >t such second poll only such voters as shall appear by the voterf-,* list furnished by u'^e Deputy lieturning Officer, or by the evidence possessed bv the Eeturning Officer, to have voted at the first poll shall bo permitted to vote. The said second poll shall be conducted in all respects in the same manner and subject to the same regulationb as are hereinbe- fore provided in relation to the first poll, and shall in all respects, for all purposes, be held to be of the same force and effect as if the same had taken place upon the day first aj)- pointed for taking the poll. 97. — Upon the receipt of the ballot box or boxes used at such second poll, he shall proceed to count the votes in the manner and subject to the conditions hereinbefore contained in reference to the counting of votes, and upon summing up the votes at such ;econd poll, with the votes previously counted, he shall declare elected the candidate or candidates having a majority of votes. 98. — Whenever, upon the final addition of votes by the Returning Officei', an equality of votes is found lo exist between any two or more of the candidates, and the addition of a vote would entitle any of such candidates to be declared elected, the Ketuining Officer shall give such additional or casting vote. 99. — At the conclusion of the counting the Keturning Officer shall make o it a statement in v/riting sliewing — (a) The numbei of ballot paper sent by him before polling day to each Deputy lieturning Officer. (6) The number of ballot papers stated by ea. . Deputy Eetuining Oiiicer to be in the ballot box deliver- if ; # 000 Election Late. ed to t'iie Iletuvning Officer's mcs.'.sngor, and the ri\imber of ballot papers found by liini in each ballot box at the cominonccment of the countinth effect Ind to pay the defendant his costs in case he be acquitted. 125 -In case of an indictment or information by a prl- Vftte prosecutor for any offence against the provisions of this 'W i i '.ti m i! li 1 1 1 9 i. i j ■ b f 234 Election Law. chapter if judgment be given for the defendant, he shall be t Office Tr "'"'°'' "' "'^ """'""'y °f 'he Keturn ing Offl«!r founded npon any such writ of election, but J evt::'"" °' """ ^"^ =''^" ^ -«-»' 7'"W%;„ .1, ^^^^•-^^'''■y prosecution for a misdemeanor under thi, chapter, and every action, suit or proceeding for ar«cun same shall be commenced within the space of one year next uftor tne act committed and not afterwards, unless Z Zl be prevented by the withdrawal or absconding of the deCd ant out of the jurisdiction of the Court, and being e^mmenced shall be proceeded with and carried on without deky . 12a-The Colomal Secretary may dehver certified p-s of any writ. Ust of voters, returns.'reports anHther uTeTectn""^* T'"**' '" ^'^ P°--'™ «'^«* !!n Tm ' '""^^'"'h copies so certified shall be received andbehed as ^,W«.a fade evidence before any Courto Judge rn this Colony on the trial of any controverted ee t.on or any prosecution or suit under this chapter „. ■ !'-^^'r^^^ ^™™ ^^'""' "^0"' i' « hereby required or mtrmated by any form in the schedules to tli hlpter that any oath be taken or any affirmation made in the r^^' ner herem provided, shall have power to administe, I" 235 Election Law. same, and shall do so gratuitously, and the Returning Officer at any election shall have the power to administer any oath or affirmation required with respect to such election by this ' ^apter ; and the Deputy lieturning Officer may administer such oath or afflrmai.' ), except only such as may be required to be administered to t>e Returning Officer. 130. — Every person taking an oath or affirmation under this chapter, who wilfully swears or affirms falsely, shall bo deemed guilty of perjury. 131. — For the better carrying out of any election of members of the House of Assembly, the Governor shall be authorized to prescribe or give by proclamation any orders or directions not inconsistent with the provisions of this chapter. 132. — No election shall be declared invalid by reason of a non-compliance with the rules contained in this chapter as to the taking of the poll or the counting of the votes, or by reason of any want of qualification in the person signing a nomination paper received by the Eeturning Officer under the provisions of this chapter, or of any mistake in the use of the forms contained in the schedules to this chapter, if it appears to the tribunal having cognizance of the question that the election was conducted in accordance with the prin- ciples laid down in this chapter, and that such non-compli- ance or mistake did not affect the result of the election. 133. — One copy of this chapter and of such instructions, approved by the Governor in Council, as may be required to carry out the elections according to the provisions of this chapter (with a copious alphabetical index prefixed) for the Returning Officer, and one for each of his Deputies, shall be iifri • . i 236 Election Law. transmitted with the writ of election to each Retiuninj? Officer. ^ PART IV. CouHUPT AND Illegal Practices 134.— No candidate shall at any election, nor shall any other person acting on his behalf, either provide or furnish drink or other refreshment to any elector during such elec- tion, from nomination day to polling day, both inclusive or pay for, procure or engage to pay for any such drink or other refreshment, except as herein after provided. 135.— No candidate or p,ny other person shall furnish or supply any ensign, standard or sat of colors, or any other flag, to or for any person or persons whomsoever, with intent that the same should be carried or used in any district on the day of election, or within eight days before sucli day, ur during the continuance of such election or the polling, by such person, or any other, as a party flag, to distinguish the bearer thereof and those who follow the same, as the sup- porters of such candidate, or of the political or other opinions entertained or supposed to be entertained by such candidate ; nor shall any person, for any reason, carry or use any such ensign, standard or set of colons, or other flag, as a party flag within such district on ^.ae day of any such election or poll! ing, or within eight days before such day or during the con- tinuance of such election. 136.— No candidate or any other person shall furnish or supply any ribbon, label, or like favor, to or for any per- son whomsoever, with intent that the same should be worn or used within such district on the day of such electiou or 237 Election Law. polling, or within eight days before such clay, or during the continuance of such election, by such person or any other, as a party badge to distinguish thc^ wearer as the supporter of such candidate, or of the political or other opinions enter- tained, or supposed to be entertained by :mch Candida* . ar shall any person use or wear any ribbon, label, or other lavor, as such badge, either on his person or affixed to p»>- Viorse or vehicle, boat or vessel within such district on the uuy of any such election or polling, or within eight days before such day or during the continuance of such election. 137. — Every person offending against any of tlie pro- visions c^ the three next preceding sections shall be punish- able by a tine not exceeding one hundred dollars, or imprison- ment not exceeding three months, or by both, in the discre- tion of the Court. 1?8. — No spirituous or fermented liquors, or strong drink, shall be sold or given at any hotel, licensed house, or shop, or any other place whatsoever, within the limits of any polling district during the whole of tl day, at any election, under a penalty of two huno ,ars for every offence ; and the offender shall be subject to imprisonment not exceeding six months, at the discretion of the Judge or Court, in default of payment of such fine. 139.— Every candidate who corruptly, by himself, or by or with any person, or by any other ways or n\eans on his behalf, or with his knowledge and consent, at any time either before or during any election, directly or indirectly gives or provides, or causes to be given or provided, or is accessory to the giving or providing, c pays wholly or in part any ex- pense incurred for any meat, drink, refreshment or provisions ■% 238 Election Laiv. to or for any person in order to be elected, or for being elected, or for the purpose of corruptly influencing such per- son or any person to give or refrain from giving his vote at such election, shall be deemed guilty of the offence of treat- ing, and shall forfeit the sum of two hundred dollars to any person Vv'ho shall sue for the same, with full costs of suit, or shall suffer imprisonment for a term not exceeding three months, in addition to any other penalty to which he may be liable therefor under any other provisions of this chapter, and the givmg or causing to be given to any voter on the nomination day or day of polling, on account of such voter having voted or being about to vote, any meat, drink, or re- freshment, or any money or ticket to e.iable such voter to procure relreshment, shall be deemed an imlawful act, and the person so offending shall, on summary conviction thereof before any r,.ipendiary Magistrate, forfeit the sum of ten dollars, and in default of payment shall be imprisoned for a period not exceeding ten days. 140, — And whereas doubts may arise as to whether the hiring of teams and vehicles to convey voters to and from the polls, and the paying of railway fares and other expenses of voters, be or be not according to law, it is declared and enacted that the luring, or promising to pay, or pay-jg for any .xorse, team, carriage, cab, or other vehicle, by any can- didate, or by any person on his behal;', to convey any voter or voters to or from ihe poll, or to or from the neighborhood thereof, at any election, or the payment by any candidate, or by any percon on his behalf, of the travelhng and other expenses of any voter in going to or returning from any election, are or shall be unlawful acts, and the parson so offending shall forfeit the sum of one liuudred dollars to any 239 Election Law. person who shall sue for the same, and any voter hiring any '-.orse, cab, cart, waggon, sleigh, carriage, or other conveyance, for any candidate, or for any agent of a candidate, for the purpose ol conveying any voter or voters to or from the polling place or places, shall ipso facto be disqualified from voting at such election, and for every such offence shall forfeit the sum of one hundred dollars to any person suing for the same : Provided, that where the nature of a district is such that any electors residing therein are unable at an election for s li district to reach their polling station with- ( vt crosfjii ,' the sea, or a branch or arm thereof, this chapter shall net pivjvent the provision of means for conveying sucb electors within the district by sea to and from their polling station, and the amount of payn^^ent for such means of con- veyance may be in addition to the amount of pei'sonal ex- penses of a candidate under this chapter : And, provided also, that if it be necessary for such elector to be conveyed by sea, as aforesaid, such electors may, notwithstanding ary pro- visions of this chapter, be provided with a reasona'jle amount of food and other refreshments, (except spirituous o: fer- mented liquors or other strong drir'), and the expenses of such conveyance by sea and of sr _. food and refreshment shall be in addition to the amount of personal expenses of a candidate. 141. — Any person who shall at any election apply for a ballot paper in the name of some other person, whether that name be that of a person living or dead, or of a fictitious person, or who, having voted once at any such election, ap - plies at th^ same election for a ballot paper in his own name, chall be deemed to be guilty of personation. The offence of personation or of aiding, abef^'ng, counselling or procuring the 'Hi 240 FAection Law. i'i "^ commission of the offence of personation by any person shall be a misdemeanor, and any person convicted thereof shall be punished by a fine not exceeding four hundred dollars, or imprisonment for a term not exceeding twelve months. It shall De the duty of the Returning Officer to institute a pro- secution against any person whom he may believe to have been guilty of personation, or of aiding, abetting, counselling or procuring the commission of the offence of personation by any person at the election for which he is Eeturning Officer, and the costs and expenses of the prosecutor and the wit- nesses in such case, together with compensation for their trouble and loss of time, shall be allowed by the Court in the same manner in which Courts are empowered to allow the same in cases of misdemeanor. 142.— Every candidate who corruptly by himself or by or with any other person on his behalf, compels or induces, or endeavours to induce any person to personate any voter shall, in addition to any other punishment to which he may be liable for such offence, be liable to forfeit the sum of two hundred dollars to any person suing for the same, or shall suffer imprisonment, as aforesaid, for a term not exeeeding three months. 143.— The following persons shall be deemed guilty of bribery and shall be punishable accordingly : (1.) Every person who shall directly or indirectly, by himself or by any other person on his behalf, give or lend, or agree to give or lend, or shall offer, promise, or promise to procure, or to en- deavour to procure any money or valuable con- sideration to or for any voter, or to or for any 241 Election Late. person on behalf of any voter, or to or for any other person in order to induce any voter to vote or refrain from voting, cr shall corruptly do aay such act, as aforesaid, on account of such ▼oter having voted or refrained from voting at any election. (2.) -Every person who shall directly or indirectly, by himself or by any other person, on his behalf^ give or procure, or agree to give or procure, or offer, promise, or promise to procure, or to en- deavour to procure auy office, place, or employ- ment to or for any voter, or to or for any other person, on behalf of any voter, or to or for any other person, in order to induce such voter to vote or refrain from voting, or shall corruptly do any such act, as aforesaid, on account of any voter having voted or refrained from voting at any election. (3.) Every person who shall directly or indirectly, by himself, or any other person on his oehalf, make aiiy such gift, loan, offer, promise, procurement, or agreement, as aforesaid, to or for any person in order to induce such person to procure, or en- deavour to procure, the return of any person to serve in the House of Assembly, or the rote of any voter at any election. (4.) Every person who shall, upon or in consequence of any such gift, loan, offer, promise, procurement, or agreement, procure, or engage, promise, or en- deavour to procure the return of any person to serve in the House of Assembly, or the vote of any voter at any election. i^f|i 242 Election Laiv. (5.) Every person who shall advance or pay, or cause to be paid, any money to or to the use of any other person, with the intent that such money or any part thereof sh-U be expended in bribery at any election, or who shall knowingly pay, or cause to be paid, any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election. And any person so offending shall be liable to forfeit the sum of four hundred dollars to any person who shall sue for the same, together with full costs of suit: Provided always, that the foregoing enactment shall not extend, or be construed to extend, to any money paid, or agreed to be paid, for or on account of any legal expenses bona fide incurred at or concerning any election, 144.— The following persons shall also be deemed guilty of bribery and shall be punishable accordingly :— (1.) Every voter who shall, before or during any elec- tion, directly or indirectly, by himself, or by any other person on his behalf, receive, agree, or con- tract for any money, gift, loan or valuable con- sideration, office, place, or employment for him- self 'or for any other person, for voting, or agree- ing to vote, or for refraining, or agreeing to re- frain, from voting at any election. (2.) Every person who shall, after an election, directly or indirectly, by : :mself, or by any other person on his behalf, receive any money or valuable 243 Election Laio. consideration on account of any person having voted or refrained from voting, or having in- duced any other person to vote or refrain from voting at any election. And any person so offending shall, on summary convic- tion before any Stipendiary Magistrate, be sub- ject to a fine of forty dollars, and, in default of payment, shall be imprisoned for a period not exceeding one month. 145._Every person who shall directly or indirectly by himself or by any other person on his behalf, make use of, or threaten to make use of any force, violence or restraint^ or inflict or threat-n to inflict, by himself or by any other person, any temporal or spiricual injury, damage, harm or loss, upon or against any person, in order to induce or com- pel such person to vote or refrain from voting, or on account of such person having voted or refrained from voting at any election, or who shall by abduction, du.ess, or any fraudulent device or contrivance, impede or prevent the free exercise of the franchise of any elector, or shall thereby compel, induce or prevail upon any elector either to give or to refrain from giving his vote at any election, shall be guilty of undue in- fluence, and shall be liable to forfeit the sum of two hundred dollars to any person who shall sue for the same, together with costs of suit. 146. —The offence of bribery, treating or undue in- fluence, or any of such offences as defined by this chapter, or any other Act of the Legislature of this Colony, persoiiation or the inducing any nerson to commit personation, or any wilful offence against any one of the eight next preceding ^ fl T m 244 , Election Lmo. sections of this, chapter, shall be corrupt practices within the meaning of the provisions of this chapter. 147. — N"o person shall be excused from answering any question put to him in any action, suit, or other proceeding in any Court, or before any Judge, Commissioner, or other tribunal, touching or concerning any election, or the conduct of any person thereat or in relation thereto, on the ground of any privilege, or on the ground that the answer to such question will tend to criminate such person as an offender under this chapter, 148. — Every executory, contract, or promise or under- taking between a candidate or his agent and an elector for the district, or in which the elector is beneficially interested in any way referring to, arising out of, or depending upon any election under this chapter, even for the payment of lawful expenses or the doing of some lawful act, shall be void in law ; but this provision shall not enable any person to re- cover back any money paid for lawful expenses connected with such election. 149. — All persons who have any bills, charges or claims upon any candidate for or in respect of any election, shall send in such bills, charges or claims within two months after the day of the declaration of the election to the candidate or his agent or agents ; otherwise such persons shall be barred of their right to recover such claims, any every or any part thereof: Trovided always, that in the event of the death, within the said mouth, of any person claiming the amount of any such bill, charge or claim, the legal representative of such person shall send in such bill, charge or claim within one month of his obtaining probate or letters of administra- 245 Election Law. tioii, nr of liis becomiug otherwise able to tact as such legal representative, otherwise the right to recover such claim shall be bill red as aforesaid; and provided also, that such bills, charges and claims shall and may be sent in and delivered to the candidate, or his agent or agents, if, and so long as dur- ing the said two months there shall, owing to death or legal incapacity, be no such agent; and provided also, that the agent shall not pay any such bill, charge or claim without the authority of the candidate as well as the approval of the agent. 150. — A detailed statement, verified by affidavit, of all election expenses incurred by or on behalf of any candidate, including such expected payments as aforesaid, shall, within three months after the election (or in any cases where by reason of the death of the creditor no bill has been sent in within such period of three months, then within one month a^ter such bill has been sent in), be made out and signed by the candidate, or if there be more than one, by every candi- date who has paid the same, and delivered, with the bills a-nd vouchers relative thereto, to the Colonial Secretary ; and any candidate who makes default in delivering to the Colonial Secretary the statements required by this section shall incur a penalty not exceeding ten dollars for every day during which he so makes default, and any candidate who wilfully furnishes to the Colonial Secretary any untrue statement shall be guilty of an offence against this chapter ; and the said Colonial Secretary shall preserve all such bills and vouchers, and (iuring the six r.iouths next after they shall have been delivered to him shall permit any voter to inspect the same on payment of a he of twenty cents. 246 Election. Lato. \ "i 151.— No Ketiirning Officer or Deputy lieturning Officer for any polling district, nor any partner or clerk of either of them, shall act as agent for any candidate in the manage- ment or conduct of his election for such district, and if any Eeturning Officer or Deputy Eeturning Officer, or the partner or clerk of either of them, so acts, he shall be liable to a penalty not exceeding one hundred dollars, to be recovered in a summary manner before a Stipendiary Magistrate 152.— The words "personal expenses" as used in this chapter, with respect to the expenditure of any candidate in relation to the election at which he is a candidate, shall in- clude the reasonable travelling expenses of such candidate and the reasonable expenses of his living at hotels or else- where, for the purpose of and in relation to such election. 153.— The pecuniary [)e)ialties hereby imposed for any offences under this chapter shall, unless otherwise provided, be recoverable by action or 3uit by any person who shall sue for the same, together with costs of suit. 154.— In case of any indictment or information by any private prosecutor for any offence against the provisions of this chapter, if judgment shall bo given for the defendant, he shall be entitled to recover from the prosecutor the costs' to be taxed by the Court, sustained by the defendant by reason of such indictment or information, which costs .shall be taxed by the Court. 155.— No person shall be liable to any penalty or for- feiture hereby enacted or imposed, unless some prosecution, action, or suit for the offence committed shall be commenced against such person within the space of six months next after such offence shall have been committed. 247 Election Law. 156.— In any action for the recovery of a penalty, or forfeiture under this chapter, it shall sutlice for the plaintiff to declare that the defendant is indt nted to him in the amount of the penalty or forfeiture, and to allege the particular oifence for which thion i,s brought, and that the defen- dant hath acted tlijrein contrary to this chapter, without mentioning the writ for the holding of the election or the return thereof. PAIIT V. Triai. of Controverted Elections. 157. __A petition complaining of an undue return, or undue election of a uiember, or of no return, or double re- turn, or of any unlawful act committed by any candidate not returned, by which such candidate aforesaid is alleged to have become disqualified to sit in the House of Assembly, may be presented to the Supreme Court by any one or more of the following persons: — (1.) Some person who voted or who had a right to vote at the election to which the petition re- lates ; or (2.) Some person claiming to have a right to be returned or elected at such election ; or (3.) Some person alleging himself to have been a can- didate at such election. 158.— The following enactments are made with respect to the presentation of an election petition under this chap- ter :— 'fi !fi".* I ''' 248 FAeciion Law. (1.) The petition need not be in any particular form, but it must complain of the undue electioi. or return of a member, or that no return has been made, or that a double return has been mad", or of matter contained in any special return made, or of some such unlawful act, as aforesaid, by any candidate not returned, and it must be sign- ed by the petitioner, or all the petitioners if there are more than one. (2.) The petition shall be presented within two months after the return has been made to the Colonial Secretary of the member to whose election the petition relates, unless it questions the return or election upon an allegation of corrupt practices, and specifically alleges a payment of money or other reward to have been made by any member, or on his account, or with his privity, since the time of such return, in pursuance or in further- ance of such corrupt practices, in which case the petition may be presented at any time within two months after the date of such payment. (3.) At the time of the presentation of the petition security for the payiiei.t of all costs, charges and expenses that 'nay become payable by the petitioner shall be given by him, or on his behalf, and shall be by two approved sureties, or by a deposit of money with the Clerk of the Court to the amount of four hundred dollars ; the Clerk of the Court shall give a receipt for such deposit, wliich sliall bo evidence (jf the sufficiency tlieroof, 249 Election Law. 169.— Notice of the presentation of a petition under this chapter, and of the security, accompanied with a copy of the petition, shall, if the respondent be resident within the Central District, within five days, and in other cases wiihin ten days, or such further time as the Court shall allow from the filing of the petition, be served on the respondent or re- spondents : Provided that substituted service may be made by leave of the Court, as prescribed by section 6, of chapter 20 of the Consolidated Statutes, (first series), title IV., en- titled " Of Pleading and Practice." 160.— Within five days after service of the petition and notice, the respondent may file in the otlice of the Clerk of the Court any preliraiuAry objection or grounds of insuih- ciency which he may have to urge against the petition or petitioner, or against any further proceeding thereon, and shall in such case at the same time serve a copy thereof upon the petitioner. If service be made without the Central Dis- trict, the respondent may jDresent, by filing as aforesaid, such objections and grounds within ten days, or such further time as may be allov by the Court. The Court shall hear the parties on such oojections and grounds and shall decide the same in a summary manner. 161. — Within five days after the decision upon the pre- liminary objections, if presented as aforesaid, and upon the hearing thereof, if dissallowed, or on the expiration of the time for presenting the same, if none be presented, the re- spondent may file a written answer to the petition and serve a copy thereof upon the petitioner ; but whether such answer be or be rot filed the petition shall be held to be at issue after the expiration of the time for filing the samOj and the :nll iiU 250 FAection Law. Court may at any titno therp-ifter, upon the application of either party, fix' some convenient time for tlie triil of the petition. 162.— The clerk of the Court shall keep a docket of all petitions presented under this chapter, and at issue, placing them in the order in which they were presented, which shall be open to inspection by any person making appli^atiou, and such petitions shall bo tried in the order in which they stand on the list. 163.— Every election petition shall be tried without a jury by one of the Judges of the Supreme Court, in rotation, unless from illness' or the condi^-on of judicial business such a course may be impracticable : Provided that if the Judge before whom proceedings were commenced cannot continue the trial thereof, the same may be continued before another Judge, who may u-^e the evidence and proceedings previously had, or re-hear and review the same at his discretion. 164.— Every election petition shall oe tried at Saint John's : Provided that the Court may, for sufficient cause, transfer thp same to any place where the Supreme Court on Circuit shall sit, in the same manner and subject to such terms, in the discretion of the Court, as actions at lav/ may now or hereafter be t/ansferred. 165. — Notice of the time and place at which election petitions will be tried shall be given not less than ten days before that on which the trial is to take place. 166. — The Judge at the trial, may adjourn the same from time to time as to him may seem necessary to the ends of justice. 251 »a'aV- Medion Law. 1G7 - -At the conclusion of the trial the Judge shall determine 'vhother the member whose election or return is complained of, or any and what other pereon was duly re- turned or elected, or whether the election was wid, and shall forthw--''' certify in writing such determination to the Gover- nor, appending thereto a copy of the notes of the e-idence, and the determination thus certified shall be final to all in^ tents and purposes. 168.— Where any charge is made in an election petition of any corrupt practice having been committed at the elec- tion to which the petition refers, the Judge shall, in aJd'tion to such certificate and at the same time report in writing to the Governor, as follows : — (1) Whether any corrupt practice has or has not been proved to have been committed by or with the knowledge or consent of any candidate at such election, and the nature of such corrupt practice. (2) The names of all persons (if any) who have been proved at the trial to have been guilty of anv corrupt practice. (o) Whetlier any corrupt practices have, or whether there is reason to believe that corrupt practices have extensively prevailed at the election to which the petition relates. 169.— When it is found by the report of the Judge upon an election petition under this chapter that bribery, treating or undue influence has been committed by or with the know- ledge or consent of any candidate at the ele lion complained of. such candidate shall be deemed to be personally guilty of 252 Elect ini Lutv. ! . 'I bribery or treating, a3 the case may be, .it such election, and his election, if he has been elected, shall be void, and he shall be incapable of again being a candidate for election during the existence of that Assembly to wliich he claimed to have been elected. ] 70. — When, upon the application of any party to an election petition duly made to the Judge, it appears to such Judge that the case raised by the petition can be conveniently stated as a special case, such Judge may direct the same to be so stated, and any such specie 1 case shall be heard before such Judge, who shall thereupon give such judgment as to justice may appertain, and, in case the decision be final, the Judge shall certify to the Governor his decision on such special case in the manner and time specified in section 1G7 of this chapter. 171. — Where, upon the application of any i)arty to a petition, it appears to the Judge that any question of law as to the admissibility of evidence or otherwise requires further consideration by the Supreme Court, such Judge may reserve such question for the opinion of the Supreme Court, which f-^r the purposes of this chapter, shall be two or more Judges, either in term or vacation, and may postpone the granting of a certificate until the determination of such question, 172. — Unless the Judge otherwise directs, any charge of a corrupt practice may be gone into and evidence in relation thereto received before any proof has been given of agency on the ])aic of any candidate in respect of such corrupt practice. 173. — The Governor shall, at the earliest practicable moment after he receives the certificate and report (if any) 253 Election Law. of the Court or Judge, give the ne-^essary directions and adopt all the proceedings necessary for confinning or alter- ing the return, or for the issuing of a new writ for a new election, or for otherwise carrying the determination into effect. 174, — Two or more candidates may be made rcspon- dentri to the same petition, and their cases may, for the sake of convenience, be tried at the same time ; but, for the pur- poses of this chapter, such petition shall be deemed a sepa- rate petition against each respondent. 175. — Where more petitions than one arc presented re- lating to the same election or return, all such petitions n^ay be dealt with by the Court, on the application of the respon- dent, in the same manner as actions at nisi ^wius may now or hereafter be consolidated ac?ording to the practice of the Supreme Court. 176. — The Judges of the Supreme Court may, from time to time, make, revoke, alter and amend general rules and re- gulations for the effectual execution of this chapter, and the rr Illation of the practice and procedure under this chapter, wliich rules and regulations shall, while in force, be deemed to be part of and incorporated with this chapter. 177. — In matters not by this chapter, or by the rules and regulations under section 17G of this chapter, provided for, the principles, priictice and rules respecting the trial of Controverted Elections in England, shall apply and be deemed to be incorporated in the enactments herein made so far as the same shall be deemed to be applicable. ■M i\ l|l \ Bl 9 WI^H * i^^^l -^ i^^^M :fe ^% HH J ^IH % ^^H Ji^HflB ■ M r I 254 Election Law, 178. — An election petition may bo withdrawn by leave of the Court on application of the petitioners, subject to sucli terms as the Court may direct, or may, upon the application of the respondent and by leave of the Court, be dismissed after two months from the filing thereof for want of prosecu- tion in like manner as Bills in Equity may be dismissed for the same cause and subject to the like terms. 179. — When there are more petitioners than one no application to withdraw a petition sliall l)e made, except with the consent of all the petitioners. 180. — If a petition is withdrawn, the petitioner shall be liable to pay the* costs of the respondent, unless the Court otherwise order. 181.— An election petition shall be abated in the lul- lowiug cases : — (1) The death, at any time before judgment of a sole petitioner, either candidate or otlierwise. (2) The death of a respondent. (o) If a second respondent gives notice to the Court, supported by affidavit, of Ids intention to with- draw his opposition to the pending petition, and then upon terms to be imposed by the Court. 182. — All costs, charges and expenses paid or incurred by any party to an election petition shall be taxed and allowed by the Chief Clerk of the Supreme Court according to the scale of costs in Equity, and may be recovered by execution or upon a rule of C(. urt for the payment of the sum taxed, as upon an ordinary rule for the payment of money. 255 Meet ion Law, 183. — In addition to tho fees payable under the scale of costs in Equity, the master or clerk shall be entitled to receive the following fees : — Taxing recognizance 82.50 Taxiugcosts S1.50 to 85.00, according to the length and importance of the case. 184.— The Court shall have all and the same powers as to summoning and compelling the attendance of witnesses and process and punisliment for contempt as the Supreme Court. The general law of evidence and pleading shall in all ■ particulars govern tho proceedings and trial upon ;ai election petition. 185. — A Judge trying an election petition und-^r this chapter shall be deemed to be a Judge sitting as the Supreme Court, under chapter 9 of the Consolidated Statutes, (First Series), and Acts in amendment thereof, and the Court shall be a Court of Record. 186. — Upon the trial of an election petitio" the presid- ing Judue shall bo paid the sum of one hundred dollars out of the funds of the Colony. 187. — When it is not convenient for any Deputy Ee- turning Officer to take the oaths required b^- law to be taken before the lleturuing Officer or a Justice of the Peace, it shall Ijc lawful for such Deputy Eeturuin^^ OtH^^or to talce such oath before another Deputy Iteturnir : 'uicer or before a Poll Clerk, and all Deputy Eetuvning Officers and Poll Clerks are hereby respectively empowered to administer such oaths when re([uired and necessary. i h i ' 256 Election Law. SCH:Er>TJlL.ES. List op Eleotoiis, Distiic'u of ] Tlic List of Persons entitled to Vote in. the Election of u Mem- her (or Members) for the District of Christian Name and Sur- t3i„„„ ^e \u^a^ o„„i;fl„„^-^ name of each Elector. ^^^^^ °^ ^^°^^- Qualification. 1 Adams, John Prescoit Street, St. John's. 21 years and upwards. Notice to re Attached to on Published with the List OP Electors. I hereby give notice that the Justice of the Peace for this district will, on or before the day of , in this year, make out a list of all persons entitled to vote in the election of a members (or members) to represent the dis- triot of in the House of Assembly. And every person so entitled and whose name is not included in the above list is hereby required to deliver or transmit to me, on or be- fore the day of in this year, a claim in writing, containing his christian name and surname, the name of the place where he resided, jhis age, place of birth, and the name of liis father, A. B, 257 Election Law. <3 Notice of Claim to he given to the Magistrate or person making the List, I hereby give you notice that I claim to be inserted in the list of electox's for the district of , and that the par- ticulars of my qualification are stated below. Dated at the day of &c. To Mr. E. F., or G. H., Esq. (Here state particulars of qualification.) CD. w Notice to he given to the Voter objected to hy the Party ohjecting. I hereby give notice that I object to your right of being registered as an elector for the district of Dated at the day of &c. J. K. List of Electors. District of } The List of Persons entitled to Vote in the Election of a Member {or Members) for the District of o Christian Name and Sur- . pi^^.^ of Abode, name of each Elector. Ayre, Andrew Qualification. Prescott Street, St. John's. 21 years and upwards. ^■'''^^ : * i ■H B' \ 258 Election Law. Election Writ. VICTORIA, hy the Grace of GOD, of the United Kim/dom of Great Britain and Ireland, Queen, Defender of the Faith, To , Esquire, Greeting: Whereas by Our Proclamation, bearing date the day of in the year of Our reign, We have made known to all Our loving subjects within Our Island of New foundland Our intention to issue Our Writs for a General Election of Members to serve in the General Assembly of Our said Island, (omit these words .xcept in case of a 'General Election). \ We command you that, notice of the time and place of election being duly given, you do cause election to be made according to law of a member (or as the case may be) to serve in the House of Assembly of Newfoundland, for the Electoral District of , (except in the case of a General Election insert here " in the [place of , deceased." or otherwise stating the cause of vacancy), and that you do cause the nomination] of candidates at such election to be held on the day of ; and in case more candidates be nomi- nated than the number required to be elected, that you do hold a poll on the day of , and that you do cause the name (or names) of such candidate (or candidates) when so elected, whether he (or they) be present or absent, to be certified to our Colonial Secretary as by law directed. Witness Our trusty and well-beloved Governor and Commander-in-Chief in and over Our said Island and its Dependencies, at St. John's, in Our taid Island, the day of ,A. D. , in the year of Our reign. (Signature), A. B., Colonial Secretary. 259 Ekction Law. Indorsement. Received the within Writ on tlie day of , 18 (Signature), A. B., Returning Officer. Oath or the JiETuuNiNd Officer. 1, the undersigned, A. B., Returning Officer for the Elec- toral District of , solemnly swear (or if he be one of the persons permitted by law to affirm in civil cases, solemnly affirm), that I am legally qualifled according to law to act as Returning Officer for the said Electoral District of , and that I will act faithfully in v-iat capacity, without parti- ality, fe...r, favor, or affecrlon. So help me God. (Signature), A. B., Returning Officer. Certikicvti; ok Retur\ix(i Officer having taken Oath OF Office. I, the undersigned, hereby certify that on the day of the month of ? 18 , A. B., the Returning Officer for the Electoral District of , took and sub- scribed befoi'e me the oath (or affirmation) of office in such case I'equired of a Returning Officer by section 3 of " Election Act, 1889. (Signature), 0. D., Justice of the Peace. H Commission of an Election Clerk. To E. F., (set forth his legal addition and residence). Know you, that in my capacity of Returning Officer for the Elector District of , I have appointed and do here- t ■ig 1 -',V ■l 1 1 1 '4 \ ': ^^■ Ill 260 Election Law. by appoint you to be my Election Olerk, to act in that capacity according to law at the approaching election for the said Electoral District of , which election will be opened by me on the day of the month of , 18 . Given under my hand, this the year 18 day of in (Signature), A.B., Returning Olflcer. Oath of the Election Clerk. I, the undersigned, E. F., appointed Election Olerk for the Electoral District of , solemnly swear (or if he be one of the persons permitted by law to affirm in civil cases, solemnly affirm) that I will act faithfully in my said capacity as Election Clerk, and also in that of Returning Officer, if required to act as such, according to law, without partiality, fear, favor, or aflfoction. So help .ne God. (Signature), E. P., Election Olerk. CERTiyiOATE OF THE ELECTION ClEBK HAVING TAKEN THE Oath op Office. I, the undersigned, hereby certify that on the day of day of » 18 , E. P., Election Olerk for the Electoral District of , took and subscribed before me the oath (or affirmation) of office required in such case of an Elec- tion Clerk by section 40 of the " Election Act, 1889." In testimony whereof, I have delivered to him this certifi- cate under my hand, (Signature) 0. D., Justice of the Peace. 261 Election Law, J. XOTICE BY RkTUBNING OrFICER. ft Notice. Electort.! District of , to wit. Public notice is liereby given to the electors of the Elec- toral District aforesaid that in obedience to her Majesty's writ to me directed, and bearing the date the day of , 18 , 1 requi-e the presence of the said electors at (describe place), in the district of , on the day of the month of , from ten a. m. until two of the clock in the after- noon, for the purpose of nominating a person (or persons, as the case may be) to represent them in the General Assembly of Newfoundland ; and that in case a poll ba deman^led and allowed in the manner by law prescribed, such poll will be r, -lened on the day of the month of , in the year IS , from the hour of eight in the morning till four of the clock ill the afternoon, (or in the case of the Electoral District of St. John's, till eight o'clock in the evening), in each of the polling districts fixed by the proclamation of His Excellency the Governor, dated the day of the month of , in tne year 18 . And further, that at (name the place) I shall open the ballot boxes, count the votes given for the several candidates, and return as elected the one (or as the case may be) having the majority of votes; of which all persons are hereby re- quired to take notice and to govern themselves accordingly. of Given under my hand, at , in the year 18 . , this day (Signature), A. B., Returning Officer. Nomination Paper, &c. We, the undersigned electors of the Electoral District of , hereby nominate (names, residence and additions or 'i 4 (. 262 Election Law. descriptions of person or persons nominated, and, if the candi- date be absent from the place of nomination, add " who is absent from the place of nomination") as a candidate at the election now about to be held of a member to represent the said Electoral District in the House of Assembly of Newfound- land, Witness our hands, at , in the said Electoral District, this day of , is . Signed by the said electors, in the presence of of .[additions]. ' [Signatures, with residence and additions]. Consent to :N"omination if Candidate be Present. I, the said , nominated in the foregoing nomi- nation paper, hereby consent to such nomination. day Witness my hand, at , this of ,18 . Signed by the said nominee, in presence of of , (additions). (Signature). m Oath of tub Attestation of the Nomination Papeh. I, A. B., of , (additions,) solemnly swear (or if he be one of the persons permitted by law to affirm in civil cases, solemnly affirm) that I know (mentioning the names of the signers known to him) and that they are duly qualified as electors of the Electoral District of , to vote at an election of a member to serve in the House of Assembly of Newfoundland, and that they respectively signed the fore- going (or within) nomination paper in my presence; and further (if the case be so) that the said thereby nomi- 268 Electioji Law. nated as a candidate, signed his consent to the nomination in my presence, (or is absent from the place of nomination and has consented to his nomination, as the case may be.) Sworn (or affirmed) before me, at this day of 18 . (Signature), CD. A.B. Justice of tlie Peace (or Returning Officer). I The forms in this schedule may be v. tried according to circumstances, the intention of the 48th section of this chapter being complied with; and the assent of the candidate may be sworn to by a separate elector, if the facts require it to be so. m: 1. Qualification in In-comk of Candidate Present. I, A. B., (name and addition of the candidate) do swear (or affirm) that I have resided in the Island of Newfoundland for the period of two years next preceding the day of this election of a member (or members) of the House of Assembly for the district ^f [naming the district]. That I '^ruly and bona fide am possessed of a net annual income of fo ir hundred and eighty dollars, and am otherwise qualified according to the law of this leland to serve in the House of Assembly of Newfoundland, and that my said income arises from and consists of [here specify the source from which the income is derived]. A. B., [Signature of Candidate];! Sworn [or affirmed] before me, at , &c. C. D., Returning Officer. 1 ■ 1 H ■l ^H iC ^^1 1 ^1 -4 I^H .* ^^^^^1 ■» .i^^^^^^i 1 H Hi ^^H l^M i 1 IMAGE EVALUATrON TEST TARGET (MT-3) 1.0 I.I ^ IIIIIM |J0 " m m IIM 1.8 1.25 1.4 1.6 -< 6" — ► Photographic Sciences Corporation d ^^ \\ \ i> \:^^^ ^,» '«?> 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 s° WJ>. .

im 264 Election Law. QlJALlFICATIOX IN- ProPEUTY OF Ca.VDIDATB PnESENT. I, A. B,, of [name and addition of the candidate] do swear Loraffirno] that I have resided in the Island of Newfoundland for a period of tv/o years next preceding the day of this elec- tion of a member [or members] ot the House of Assembly for the district of [nanmg the distrat], and that I truly aa^l 'ho)Hi jide am possessed of property, clear of all incumbrances, of two thousand four hundred dollars, in amount or value, and that I am otherwise qualified according to the law of this Island, to serve in the House of Assembly of this Island ; and that my said property consists of [here specify the character and de- scription of the property and where situate]. A. B„ [Signature of Candidate.] Sworn [or aiiirmed] before me, at CD. Returning Officer. M 3. Qualification i\ In-comi: of Candidate Au.-; •■;nt. We, A. B. and 0. D., of , [names and additions of electors] do swear [or affirm] that [name of candidate] is truly and 6onaj^dc possessed of a net annual income of four hundred and eighty dollars, and is otherwise qualified accord- ing to the law of this Island, to serve in the House of Assembly of Newfoundland; and that his said income consists of [here state the source from which the income is derived]. A. B., C. D., [Signature of Electors.] Sworn [or affirmed] before me, at C. D., Stipendiary Magistrate [or Justice of the Peace, as the case may be]. 265 Election Laio. Qualification ix Propeuty of CandidatI': Absent. We, A. B. and 0. D., of , [names and addilionB of electors] do swear [or affirm] that [name of candidate] is fcriilj and bona ^de possessed of Tjropeity cleai* of all incum- brances of two thousand foui* hundi'ed dollars in amount or value, and is otherwise qualified, according to the law of this Island, to serve in the House of Assembly of Newfoundland, and that his said property consists of [here state the source from which the property is derived]. A. B,, C. D., [Signature of Electors], Sworn [or affirmed] before me, at C. I)., Stipendiary Magistrate [or Justice of the Peace, as the case may be]. The forms in schedule M 3 and M 4, may be varied when the candidate is absent, so that the qualification may be sworn to or affirmed by the candidate, as provided in section 50, sub- section [6] of this chapter. 3V. Return to Wkit when Election not Conte-sted. I hereby certify that the member (or members) elected for the Electoral District of , in pursuance of the within Writ is (or are) A. B., of , no ether candidate having been nominated, (or the other candidate or candidates having withdrawn, as the case may be). (Signature). E. F., Returning Officer. ¥\ ir •f » 266 Election Law. O. Notice of Pom. axd Cani)i:)ates. Electoral District of , to wit Public notice is hereby given to the electors "of the Elec- toral District aforesaid, that a Poll has been demanded at the election now pending for the same, and that I have granted Zt^t^' \ ^" V'"' ^^ P^""^^ *^"^-^ "^'"-^^^d as "nS:' at the said election, and for whom only votes will be received are — »v-u, oi i,^f ^'"^f''* ^^^ ""^"^^^ ^"^ descriptions of the candidates ?nl« h 'n1^ "'""^'''' "^ **^ «""^« "^^"««r as they appea'- in the ballot papers, viz :— "•I'pciH 1. DOE. JohnDoe, of St. John's, Gentleman. 2. ROE. Richard Roe, of Carbonear, Merchant. 3. STYLES. Geoflfrey Styles, of Fogo, Fisherman. 4. STILES. John Stiles, of Twillingate, Physician. and"?' V^tfuZ'T" ^'* "^"^'^^ ^^^"^'^'l ^° t^'^^ notice »na to govern themselves accordingly. of Given under my hand, at 18 > the day A. B., Returning OflScer. «- 267 £lectwn Late. be appXtTws r„[;i:'i7'r.; -n'^r"""";"^ ^°™ ■"-' with it :_ • ° """' '" *" "^"SM bo posted up form ^ """« '^ """" «'^«'™ " "allot paper ta the above sb.,, ..„„ .eew,„. brj^^t^t^r^rafor y-r: candidate o.eandidate, r^hZL'Sterr^IZri'''' pohI";:; re 'Z^r^^i.^^i t7 r - '° ^'■°'' - turning Officer, and BbaU hand .„ f ? % *" "^""'^ «"■ STn^^ibtiS^^^^ be^rnr„ot^ .£tr:r?e^?^~sS-:Kr-f.^:; to vi'iv:: p.ar:::rrror;,r;ir ^'' "^ t-"** n^^rer,^:r ^» '^-"-^' - -;^in CoTdrri;s If a voter takes a ballot or ballot paper out of th« r..ii- statiou, or fraudulent! v puts an^. J w polling 5; 268 Election Law. Oath oi' Caxmuiat' WiriiniiAwiXG kkom XoMiNvrKi.v. I, A. B., of , duly nominated as a canO'date for electioa as a member of the Hoiiqe of Assembly, heroby \^hh- draw the said Hominatiou, a-.ul do solemnly swear [oraffltm] that I do S3 fi'oely and voluufcarily, aaJ y^hzt I have not receiv- ed, directly or indirccbly, from any person or bcidy, any giffc, loan, oflfer, promise, or ci:iy promise to procnre, or endeavor to procure, any money, office, place or app3intm3nt, or other consideration for such withdrawal. A.B., CI / «j ■l^ 1 r Oandiflatc, Sworn (or affirmed) before me, at , this day of ,18 '. CD.,' Returning Officer [or Justice of the Feact^]. Q. CoMMI.SSKI.V OF A DEPUTY ItRTUltXIXG Ol'riCKH. To G. H., (Inge his legal addition and resdence). Know you, that ,. my capacity as Returning Officer for the Electoral District of , i have appointed and do hereby appoint you to bs Dap-.ity Returning Officer for the polling station, numbei' at ■ in the said Electoral Dis- ^^'^^^ of , there to take the votes of the electors by ballot according to law at the polling station to be by you opened and kept for that purpose; and you are hereby authorised and required to ojien and hold the poll of such election for the said polling station on the day of at oight o'clock in the foreiujon, at [here describe particularly 'he place in which the poll U to be held], and there to keep the said poll open during the hours prescrided by law, and to take at the said polling place by ballot, in the manner by law pre- 26W Election Laic. vided, the votes of the electors voting at the said polling place, and, after performing the other duties required of you by law, to return to mo forthwith the ballot boxes, sealed with your seal, and unused and spoilt baVi^t papers, voters' list and other documents roqured by law, together with this commission. Given under my hand, at of , in the year 18 , this day rSigrature) A. B., Returning Officer. Oath op Dbpltv Returmxo Okfuth. I, the undersigned G. H,, appointed Deputy Returning Officer for the Polling Station No. , at in the Electoral Dis rict of , solemnly swear (or being one of the persons permitted by law to affirm iji civil cases, solemnly affirm), that I will act faithfully in my said capacity of Deputy Returning Officer, without partiality, fear, favor or affection. So help nje God. (Signature), G. II. Deputy Returning Officer. CERTIFlCATf: (Ji- A LepUTY liETURMXG OfFICEK HaVING Takex the Oath of Office. I, the undersigned, hereby certify thrvt on the day of the month of , G. H., Deputy Returning Officer for the polling station No. , at iu the Elec- toral District of , took and subscribed the oath (or affirmation) of office required in such case of a Deputy Return- ing Officer by section 55 of the " Election Act, 18S9." In testimony whereof I have delivered to him this ceriifi cate under my hand. (S'gnature), E. F., Justice of the Peace. Or, A. 13., Returning Officer. I Mi^H ""i il^^^l — 'f ^^^^1 m i : 270 ^ KIcctioii, Laic. FoKM OK JJAr.i.KT }'api;[{. Election for the Electoral District. 1. DOE. JohnDae, ofSt. John'3, Gentleman. 2. ROE. Richard Roe, of Oarboiiear, Merchant. 3. STYLES. GeofF.'ey Styles, of Fogo, Fishtrmai. 4. STILES. John SbileF, of TwiUiiigate, Physician. ■i,1 *l X. Commission ok a Pom, (Jlkuk. To L J., (insert his legal addition and residence^. Know you, that in my capacity of Deputy Returning Officer for the polling station No. , at in the Elec- toral District of , I have appointed and do hereby appoint you to be Poll Clerk for the said polling station. Given under my hand, at of , in the year 18 , this day (Signature), G. H., Deputy Returning OlEctr 1^ I X J'JIeciitm Lair, XJ. Oath of Pom. CrKRK. T, }h« nniere-ned J. P., appointed Poll Clerk for the po;hng station No. , at , in the Electoral District of f.ifKr,,!, • ' 8«'«"^"ly swear :or affirm) that I will act fai htully m my capacity of Poll Cerk and also of Deputy ReUirmng Officer, if required to act ; s such, according to law^ without partiality, fear, fdvor or aftection. J. P., Poll Clerk. Kworn (or affirmed) before me, at day of , A, D. A. B., Returning Officer. C, D., Deputy Returning Officer. A.S V. Commission- of . Poi.i. Ci.euk hy a Poll Cleuk Aotixg Deputy IIeturxixg Officer. '^^ ' of (insert his residence and legal addition) Know you, that in my capacity of Acting Deputy Return- ing Officer fo the Polling Station No. at in th« Electoral District of , in consequence of the deceas^ (or incapacitj,.1o act, or as the case may be) of the Peputy Returning Offlbcrfor the said Polling Station, whose Poll Clerk I wa,s, I have appoiuted, and do hereby appoint you to be Poll Clerk for the said Polling Station No. i^ the said Electoral District. ' ^^^^ rjiven under my hand at o^ , in the year 18 ,thi8 day Poll Clkuk Actixu as Deputy J.'eti:rni\(j Officer. The oath and certificate of its having been taken, will be the same as m the case of a Poll Clerk appointed by the Deputv Returning Officer. .j v .cayr^jmy 272 Election Law. Oath ok C.vxpidatb'h Aoknt. I, A. B., of , do Bolemnly swenr (or alflrra) that I have been appointed by , one of tho candidates for elec- tion, for the Electoral District of , to act us hia agent. (Signature), A. B, Sworn (or approved) before me, this day of , 18 . C. D., Roturninp Officer, ifii I " X. Form ok .Statutoiiv ])i;(;i,.u;.vTinN (.r SucKMin-. T solemnly promise and swoar (or affirm) tliat 1 will not, at the election for ' , do anything forbidden by Section 67 of " The Election Act, 1889," which has been read to me. So help me Ood. A. B., Returning Officer, (or as the case may be). Sworn (or affirmed) before me, j^t , thia day of ,18 CD, Justice of the Peace (or as the caee may be.) A A, OaT1[ Ol' lliKXTITV ]JY KlKCTOU AftKH AxOTIUlIt HAS VoTKi) i.\ nis Namf. I solemnly swear (or affirm) that 1 am A, B,, of whose name is entered on the List of Eloctors (or Supplement- ary list, as the case may be) and that T am qualified by law to vote at this election. (Signature), A,B. Sworn (or affirmed) before ma, at thia day of 18 (Signature), 0, D„ Deputy Rf turning Officer, 273 Election La w. Oath oi- Klkctou or Tncapacitv to Votk. I, A. 3., soleriKily s\.ear (or fflrm) that I am unable to read and to understand the ballot papers ho as to mark the Hame, [or that T am incapacitated by physical causes, as tho cases may be], from voting, without, the assistance of tho Deputy Returning Officer. Note.— This oath is to be administered to each elector wishing his ballot paper marked by the Deputy Returninjf Offlcor, but no rertincate need h?. signed py the elector. C C FoK.M OF N'oriiiis' List. 0) o o , •*.» •c 0; M a ^ (m O 01 CD c c u o J3 E c s e! o 4) o ^ K O OJ __>__. ' j i «g U 1 ^ rt u c- >4 I' b k. t,jC 'p £2 ornoraffirmt?d sed to Kwear or qualification. 3-5 |5 o read, < swear or ity. o o 09 11 able t sed to iuatiii ond B > c o .2 u > 3 O ■.4 t- S3 O w u •r» ^.^^.^ s.° -^ CO O 0. as ili mmw'mf' 274 ().\T1I r> TO. ,1^ . , ' '•'» tlie Electoral District Of b.«of it contains; './:,ri; 4 totaof^'"?'''^" ""'• O. H., Deputy Roturnin„' Officer. , this (lay of , 18 . X. Y., Justice of the Peace. ')r, A. B., Roturning Ofllcer, [Signature], Sworn before me, iit fSignaturf Oath or riij.; l>of.i, Ci.ki,;^ IK !•::. •M-iKu Tin-: Ci.dsr.VG ok 'i'ni: I'or.r,. I. the ""'^'2'^; I "'";'?.'*'■'"■'"*' P»'"nSBU>lio„ No. , L.r ,„at ti o 't^st:- • ;t^';' „ . ,• "° «°-"'.'^ may bo], under the li ree ' n ^f (' r , f '""' f"" '"" ""»" Hetnr„i,;g Ofl>,cer (he, ein,' as b en ;'„1e° fbr''" ■" ^^1*' nri:;r.;n:t".';Mnt"rr''''";'^'"-"-"^ .1 .-,-iicnt, tlhitt.K, total nt-.mhor of voirs pollen in the ^1 275 f-Uectiuu Lair. 8aid list is , and that to tho best of my kuo\vled.':e uiui bi - )ief itconi-ains utv IIk- TURNlXCi OfPICEK. I, A. B., of , Eolemnly swcai* (or afiirm) tlial i iiin the legally appointe:! messenger Oi C, O., RoLurning Oiticer for the Electoral District of , for the purpose of coUectinj'- ballot boxes and pa kets of paper^ from the Deputy R turiung Officer. A. B., Messenger. Sworn ^cr affirmed) before me, at , this day of ,18 , E. F., Depaiy Retiiraing Officer. III 27(^ Kli'i-liint. Law. Uatii or Mi:ssKXCrKit skm to Comjxt thi; 15ai.i.ot Doxk.s oh TO 1)I;MVKU TIliJM TO THK CohOMAI, SK(,'[ieTARV. I, A. }J , of , Messenger appointed by C. D Returning Officer f .r the Eloc Loral District of , do Boleranlv swear tliaJ I will, with all diligence, convey the several Ballot Boxe;i and parcels delivered into my possession by the several Deputy Returning Officers, [or by the "Return- ing Officer," as iho case may be], to the said Returning Officer [or to the Colonial Secretary, as the case may be]; and that I will not, open or tamper with nor pe-mit any other person to open or tamper with, any of the Faid Ballot Boxes and parcels. Sworn before me,' at in the vear 18 this day of X. Y., Justice of the Peace. Or, A. B., Returning Officer. Or, a. H., Deputy Returning Officer. II H. Oath (H- Mkssknukk on J ikmn kkv uf IIam.ut Duxks. T, A. B., of , messenger appointed by 0. D., Returning Officer for the Electoral District of , do solemnly swear that the several ballot boxes and parcels delivered to me by the Deputy Returning Officers, [or Return- ing Officer, as the case may be,] and now delivered by me tc the Returning Officer or Colonial Secretary [as the case may be] have not been opened or tampered with by me nor any other person with my knowledge or consent, and that to the best of my knowledge they are in the same state as they were m w^hen they came into ray possesson. A. B., Messenger. , this day of Sworn before mo, at the year 18 m X. Y., Justice of the Peace. Or, A. B., Returning Officer. Or, Q. H., DOi^.aty Returning Officer. 277 II. Certificate of Deputy Returning Officer and Poll Clerk Verifying Copy of '• Voters' List." We, A. B. and C. D., Deputy Returnins Officer and Poll Clerk, respectively, of Polling station No. , at in the Electoral District of , do solemnly swear (or affirm)' that the accon>panying copy e; .c voters' list kept at the said pol'ing .•tation is correct in every particular, and contains a faithful record of the names of electors a: plying for ballot papers at the said election. A. B., Returning Officer. Sworn (or affirmed) before Jiie, at Pf ,A.D., 18 C. D., Poll Clerk. J this day E. F., Stipendiary Magistrate (or Justice of the Peace or Reluming Officer, as the case may be). 1, 2, ;}, 1} i") .- G.- 7.- 9.- 10— J J. Ueturning Officer's Statement at Conclusion of Counting. —Number of ballot papers gent to D. R. 490 —Number of ballot papers said to be in ballot boxes 350 —Number of ballot papers found in ballot boxes 345 .-Number of unused and spoilt ballot papers said to be returned. 150 ■Number of unused and spoilt ballot papers {ictually returned. .145 ■Number of ballot papers accej^ted when counting 325 ■Number of ballot papers rejected when counting , , , , 20 ■Votes counted for John Doe , 250 •Votes counted for Richard Roe , 50 Voles countt J for Geoffrey Styles 75 Vot°s counted for John Stiles ,,,..,...., 276 '2< 1 4 I'i'l ifi 1 fli^i 278 I, A. B., Rctiiniiiig Officer for the Electoral District of , (]o Folcinnly swear [or affirm] that tlie above Ptateiiient IS correct in every particular. A. B., Returning Officer, bworn [or affirm: IJ before iiic, at ,this day of ' ,18 . C. D., Stipendiary Magistrate [or Justice of the Peace, as the ca?e may be]. Note.— Tlic figures in tlie above Htatement are given to illustrate what is wanted in the statements. No. 2 and No. 4 added, should amount to No. 1, and if they do not the 8ed ,ne, directly or indirectly. So help n,e Gcd. 1 1 , A I ., [candidate or agent, as the case may be], do solemnly Mvear hat I nave l.ona /ule reason to bdieve that Ihcle iLt tl^ZZ of applicant and thcpartieuVr ground of ohjcclL] is JJM •ii iiiii 280 Electric Telcgraplis (and Telephones) Protection of. 1- — Whosoever shall unkwfully and nuiliciouslv cut break, throw down, destroy, injure, or remove any battery, machinery, wire-cable, poi;t, or other matter or thing what- soever, being part of, or being used or employed in or about any electric or magnetic telegraph or telephone, or in the working thereof, or shall unlawfully and maliciously pre- vent or obstruct in any manner whatsoever, iho sendinncy of witness ; x ceptions. 3.— Husband or wife of informer. 4. — Defendant not competent or compellable in indictable oflences. 6. — Summary proceedings; de- fendant competent but not compellable. G. — Husband or wife not com polled to disclose coniniuni- cations between tliem. 7. — Privilege of clergymen. 8. — E.Kceptions — idiots, lunatics, cbildren, persons under sen- tence of deatb. 9. — Want of religious belief. 10. — Authority to administer oath. 11.— Form of oath. 12. — Distinction between form and substance of oath. 13. — Alfirmation instead of oath, in certain cases. 14. — Punishment for false affir- mation. 15. — Party objecting to be eworn, may make declaration. 10. — E.xaminatioii and cro9s-e.x- ami .ation. 17. — How far a party may dis- credit his own witness. 18. — Proof of contradictory state- ments of adverse witness. 19. — Cross e.xamination on previ ous statements. 20. — Previous conviction — how proved. 21. — Reexamination. 22. — Judicial notice of facts. l.i. — General rules of evidence. 24. — Public documents. 25. — Evidenceobtained by promise or threat 26. — Evidence of handwriting. 27. — Police as witnesses. 28. — The p'^-iumption of inno cence. 1. — There is tio difference as to the rules of evidence between civil and criminal cases ; the evidence that may- be received in one case may be received in the other, and the evidence that is rejected in a civil case ought to be re- jected in a criminal case. The amount of proof, however, required, varies with the differeni proceedings before Jus- tices ; for instance, in a preliminarj^ enquiry for an indict- able offence, the evidence must raise a strong or probable presumption of the guilt of the party charged, to justify mmMf' 288 the Justice in sendmc; him for trial. [Sec note, page 83 ] In summary penal pvooeedings the proof of guilt must bo full and convincing, whilst in mutters of civil jiuisdicticn a mere prepon<,hrance of proof will sulHcn to establish tlio case. The presumption of innoconco, that is, that all ac- cused persons are innocent until proved guilty, thus throw- ing vhe whole burthen of proof of guilt on the prosecutor, also marks one of the great distinctions between the evi- dence rc(|uired in civil and criminal busipjss. 2.— At the present day it may be laid down as a general rule that objections can only be taken to the cedihiUty, not to the competency, of witnesses. Tiiere are, howe\ er' some exceplions which are thus summarized ;— the in- fo ner or prosecutor or complainant is competent and com- pellable to give evidence for himself or defendant, in all criminal proceedings, indictable and summary. 3.— The husband or wife of the informer or prosecutor or complainant is likewise competent and compellable to give evidence for the Crown, as well as for the defendant, and also against each other, in cases of personal injuries committed on one another. I* r ■• ' 4.— The defendant (f/ie^)«r/3/c/^ftr:'V shall bo coni- pi'liable to disclose any communicauon made to her hy h- husband dur- ing the marriage." 7. — Sec. xl of tlio same chapter provides that,- " A clergyman or priest shall not be coujpellable to give evidence as any cc.ifession made to him in his professional character." 8. — On the above staiutory exceptions to the principle of universal competency, certain common ..iw exceptions must be grafted ; for instance, persons who have not the use of reason are from theiv infirmity utterly incapable of giving evidence, and are therefore excluded as incompetent witnesses, a? idiots, lunatics, children. [Poivell, 18.] The evidence of children at any age is admissible, if it appear that they have sufticient discretion and understand the moral obligation of an oath, and under the criminal law Amendment Ace, 1885, the unsworn evidence of a child of teufler age is receivable. Deaf and dumb persons, if they have suificient under- standing, may give evidence, either by signs or through an interpreter or in writing. [Powell, 17 & 18.] 9- — No person is a competent witness, i^nless he be- lieves in a Supreme Being, who will p-.inish him either in the present or in the future life for perjury [Poivellt 19, 21.] '■i .si i2 290 ** 10.— It may be laid down as a geueral rule that wher- ever Justices are authorized by law to hear and determine or examine witnesses, they have incidentally i\e power tJ examine on oath. [2 Phil. Ev., 795.] In summary proceed- T„«." ^'f''^.^'^"'^' ;« ^' e;ra,nined upon oatli or affirmation, and the Just.ce shall have full power and authority to administer to e ery «uci^ w.tnesB the usual oath or aOirmation." I„ indictable oLe. witet "^r ^^^\^^^«- ^^y -*-- i« oxauHoed, administer to "h w^ ness the usual oath or affirmation, which such Justice shall have /u power and authority to do;" [11 & u Vic, c. 42, s. 17] and bv sec 7 Tnef A?brl'"" 7^'^'^ '^'"•^' ''-^"^'' J--i-'offict Vol : oZ! »^ ? ' *"' ?""' P''^"''"' "^^^ «'' ^''"''^^'^^ leaving by law or by consent of parties, authority to hear, receive, and examine evidence is hereby empowered to administer an oath to all such witness a a"' 1 gaily called before them, respectively." 11.— The oath is generally in the following form : (a) tnJi7^V'''^'T ;'^''''' ^''" ''"*" »'^-^ ^'' the present enquiry [or truth, the whole truth, and nothing but the trutl,. So help you God^ 12.— The particular form or ceremony of administe-- i-g an oath is quite distinct from the substance of the oath Itself. [1 PhU. 8, 9th ed.] The form of oath under which CrOD IS invoked as a witness or an avenger of perjury, is to be accommodated to the religious persuasion which the swearer entertains of God, and to be administered in such form as to be binding on his conscience. Within the limits of this little work, tlie various forms of oaths taken by the _ (a: Form of Interpretor^s Oath.-Yon shall truly and fait^^ interpret the evidence about to be given and all other matters and thing's touching the present charge, and the iFrencL a.v the ease may he,] Ian- guage into the Lnghsh language, and the English language' into the [i^mic/,,^.c.,] language according to the be.tof your, kill and ability bo lielpyour God. ^ (a) 291 different religious persuasions, cannot be given The swearing upon the Holy Evangelists is binding both on Eoman Catholics and Protestants. 13.-Section 27 of the 23rd chapter of the Consoli- dated Statutes contains the following provision : "If any person called as a witness, or required or desiring to make an affidavit or deposition, shall refuse or be unwilling from alWed con. Pcient, as motives to be sworn, the Court or Judge, or other presiding officer, or person qualified to lake affidavits or depositions, may, upon bemg .a isfied of the sincerity of such objection, permit such person, instead of being sworn to make his or her solemn affirmation or decla- ration, in the words following-— .j,j(7g^^-^,g^, •' I, A. B., do fiolemnly, sincerely, and truly affirm and declare, that the taking of any oath is, according to my religious belief, unlaw- ful ;^and I do also solemnly, sincerely, and truly affirm and declare, &c." Which solemn afllirmation and declaration shall be of the same force and eflect as if such person had taken an oath in the usual form. [Sec. 27.] 14.— If any person making such solemn affirmation or declaration shall wilfully, falsely, and maliciously affirm or declare any matter or thing which, if the same had been sworn in the usual form, would have amounted to wilful and corrupt perjury, every such person so offending shall incur the same penalties as by the laws and statutes of this Colony are or may be enacted or provided against persons convicted of wilful and corrupt perjury. [Sec. 28.] 15.~If any person called to give evidence in any Court of Justice, whether in a civil or criminal proceeding, shall object to take an oath or shall be objected to as in- competent to take an oath, such person shall, if the presid- ing Judge is satisfied that the taking of an oath would have no binding effect upon his conscience, m.ake the fol- jowing promise and declaration : >" I solemnly promise and declare that the pvidpnce given by me to $ 9.92 the^^Court shall be the truth, the whole truth, and nothh 't the ^^^ any person who, having made such promise and declaration, s] ,11 wilfully and corruptly give false evi- dence, shall be liable to be indicted, tried and convicted tor perjury, as if he had taken an oath. [Sec. 29.] 16.-AS TO THE Mode of ExAMiNATioN.-On an ck aminatmnin chief (that i., u-ke re the party puts ^uestio^^ toUsownvntness).^^i^,,,, must not be asked^.ac?,',., qaestions (leae competent for the dudge, at any time during the trial, to require the production of the writing for his inspection, and he may thereupon make such us^^ of it for the purpose-?' of the trial as be shall think fit. [Idewt, sec. 32.] 20.— 4. wifijcss ii\ any caijse niay be (:|ue«tjoncd as tp whether hn ]m !joj;i cpnyicted pf any felony or iniadg- M ^\ 294 Evidence, meanour ; and upon being so questioned, if he either deny the fact or refuse to answer, the opposite partv may prove such conviction; and a certificate, containing the substance and effect only (omitting the formal part) of the indictment and conviction of such offence, purporting to be signed by the Clerk of the Court where the offender was convicted or by the Deputy of such Clerk or Officer, (for which certificate a fee of one dollar and no more, shall be demj.nded or taken) shall, upon proof of the identity of the person, be sufficient evidence .f the said conviction, without proo'f of the signature or official character of the person appearing to have made the same. [Won, sec. ?3.] 21.-EE-EXAMiXATiON.-(After, say the defendant's cross-examination, the plaintiff again asks his witness questions, this is known as re-exammaUon.) The office ofre-exan. lation is to be confined to shewing the true color and 1 iring of tJic matter elicited by cro?s-examina- tion, and new facts or new statements, not tending to ex- plain the witness's previous answers, are not to be^'admit- ted. [Taylor on Ed., G27.] The Court has always a dis- cretionary power of recalling witnesses at any stage of the proceeding and putting su.h legal questions to them as the exigencies of justice require. If a question has been omitted in the examination in chief and cannot in strict- ness be asked on re-examination, it is usual to request the Magistrate to make the enqu-iry and such a request is gen- erally granted. (Taylor on evidence.) 99 --•is a general ru^' -everything has to be proved in a Court of Justice, but .uere arc certain facts of which 296 Evidence. al Cou te in h>., Colony are bound to take judicial uotice, wtho„t f, ,.,^ ,,„ ^^^^^^^^^ Legislature, when pur: pmtmgto be printed by the Queen's Printer for the Island [Consol. S at. p. 2,] the In.perial Statutes, Eoyal Proch n,at>ons the Alnn.nac, the divisions of the yea^; also he ^>M e«.«. of this Colony, and all ProcLnations and JNotices therein. 23.-Gbne„al Ew.Es.-The following are some of the general rules estabiisl>ed by the deeisions and practiee o the &uper,or Courts, and to which the proceedings before Jusfees shon d confirm : That a person is presumed to be ™ "b? ," , ."" "'""'"'■^ ''•' '•'■'"-''■' *'"'' ••' P-'V shall nt be allowed to put Icad.ng question,, that is,' .luestions m sueh a form as to suggest the answer desired, to his own witness; that hearsay evidence is inadmissible, that the statemeut of one prisoner is not evidence eitlier for or against another prisoner; that conversations which have talcen place out of the hearing of the party to be aiTected can- not be given in evidence; that tlie evidence of an accomplice a IS admissible, but ought not to be fully relied upon, unless It be corroborated by some collateral proof; that no person r, bound to answer a question which may tend (6) to criminate himself , that if a witness choose to answer sudMiuestion, his answer is eouelusive; that, in general, «„e,,. A rol,c.oll,cc,. ,»„„,,,„„,„, ,„ „„,„ „,^ „„,„^ „f1,;„i„f„. 4 1:; I' 29G Evidence. ;l .1. the opinion of a witness as to any fact in issue is inadmis- sible, unless u^on questions of skill and judgment; that the onus 2)robandi lies upon the party assorting the affir- mative ; that the best evidence should be given of whicli the nawure of the case is capable ; that secondary evidence is therefore inadmissible, unless some ground be previously laid for its introduction, hy showing the impossibility of procuring better evidence ; that parol testimony is not re- ceivable to vary or contradict the terms of a written in- strument ; that a person shall not be allowed to speak to the contents of a written instrument, unless it be first proved that such document is lost or destroyed, or, if in the possession of theiadverse party, that notice has been given for its production ; that a witness maybe allowed to re- fresh his memory by reference to an entry or inemorandum made by himself shortly after the occurrence of which he is speaking, although tlie entry or memorandum could not itself be received in evidence ; that when positive evidence of the fticts cannot be supplied, circumstantial evidence is admissible ; and that circumstantial evidence should be sucli as to produce nearly the same degree of certainty as that which arises from direct testimony, an 1 to exclude a rational probability of innocence, (c) [e] Circuimtantiid Eridenre.— Thc description of evi(k^iicc callod circumf^tantial consi.st-s of proving, not tlio facts f-oiiglit, but a fact or facts from whicli it may be deduced in the way of presumption or infer- ence, bpon tliis point it is ^aid [1 Fast. P. C, c '>, ,v. 9, -p. 223.] " Per- haps strong circumstantial evidence, in cases of crimes committed for tlie most part in secret, is tlie most satisfactory of any from whence to draw the conclusion of guilt ; for men may lie seduced to perjury by many base motives, to which the secret nature of the oflence may some- times afh^rd a temptation ; but it can scarcely Jiappen that many circum stances, especially if they be such over whicii the accuser could havf- no 297 1 Evidence. 24._As respects the proof of piiblic documents, the Consolidated Statutes, sec. 13, cap. 23, provides,— '•' Every dueuineut, wliich by any law now in force or hereafter to be in force, is or shall be admissible m evidence of any particular in any British Court of Justice, without proof of the seal or htanip or ^^ignature authenticating the same, or of the judicial or official character of the person appearing to have signed the same, shall be admitted in evidence, to the same extent and for the same purposes, in any Court of Justice in this Colony, or before any person having by law or by consent of parties authority to hear, receive and examine evidence, without proof of the M-al or stamp or signature authenticating the same, or of the judicial or official character of tiie person appearing to have signed the saTne." And section 15 provides that, — "■ Whenever any book or other document is of such a public nature as to be admissible in evidence on its niere production from the proper custody, and no statute exists which renders its contents proveable by means'of a copy, a copy thereof or extract therefrom shall be admissible in evidence in any Court of Justice, or before any person now or here- after liaviii", bv law or consent of parties, authority to hear, receive, and examine evidence: Provided it be proved to be an examined copy or extract, or piovided it purport to be signed and certified, as a true copy or extract, by Die officer to whose custody the original is enti asted ; and control, forming altogether the links of a transaction, should all un- fortunately concur to fix the presumption of guilt on an individual, and yet such a conclusion be erroneous." The following rules are given in Stay^^s,-.:-jSfie .I^nljstJjieiit aiifl Exppj-ta- 301 Fahe Pretences. False Phktences.— Whosoever shall, by any false pretence, obtain from any person any chattel, money or viluablc security with intent to defraud. Indictable misdemeanor. Punishi-ent, not exceeding 2 years im- pvisonmeut. Bail discretionary. Attempting to obtain money by false pretences also (Indict. Mis.) False pretences is a very large subject, and opens up some very nice distinctions. Mere puffmg of goods, or aeneral trade lying is not held to be false pretences. "There must be an intentional and specific false represen- tation made either by words, writing or conduct, that some fact exists or existed, and such representation may amount to a false pretence, though a person of common prudence micdit easily have detected its falsehood, and the existence of the alleged fact was impossible"-Stephen3. The dis- tinction between larceny and false pretences has been thus defined " If I fraudulently induce a man to lend me his property and then make off with it, it is larceny. If I fraudulently induce him to part with the ownership of the property which he thereupon assents to my carrying off and dealin- with as my own, tl is obtaining money by false pretences"-Ingram. Upon the trial of a person indicted for false pretences, he is not entitled to be acquitted merely because the Court may be of opinion that he ought properly to have been charged with larceny. In cases of doubt a prisoner should be charged with false pretences, He may on this charge be convicted of larceny. Fees and Costs in CivIL Cases.— See District Court and page 22 and 23 for fees and costs in civil cases before Magistrates. 'ill 302 Feea. Fees in summary criininal cases before Magistrates payable to the Olerk of the Peiico for every — S"mj.-on^ 30 25 liecognizance 25 Every Oath 25 Witnesses Fees. Each clay's attendance as a witness 75 All travelling to be compnted from the residence of the witness to the place of trial and back again per mile ' -^^ Fees Payable to Cleiiks of the Peace m Cases of Felony on Misdemeanour Befoke a Jistice OF the Peace. Deposition or J^^xamination 59 Summons 25 Subpoena 25 Warrant 3q Commitment q Recognizance of prosecuting witness or otlier person... 60 30 No. 3. Fees Payahle to Constable ok Uailiff. For service summons or subpama 25 Executing. / warrant to arrest the person 50 If the service or execution of ine process or 'vrit shall require the offi-^er to travel beyond the distance of two miles, he shall be allowed f>.i' every mile s Si 26 25 10 50 25 25 30 30 30 25 50 303 Crimes. travelled by him for such purpose beyond that distance, the sum of «q -^q For execution of any warrant, order, or final process, of or from a Justice < When tiie levy under warrant, order or final process, shall exceed five dollars, then there shall be allowed to such officers on such levy, in addition to the r.bove fee of twenty- five cents, five per cent, on the amount realized. Fees to Gaolkr on Kkepeu of Lock-Up. For every person committed to gaol 50 For every person discharged therefrom cxceptlnsolvents 50 Printed tables of the foregoing fees to be posted up in every Police Office and Court of Sessions for public inspec- tion, any one taking greater fees to forfeit $50. Felony.— Crimes are divided into Treasons, Felonies, and Misdemeanours.— Every person convicted of Treason or Felony may be condemned to the payment of the whole or n:iy part of the costs and expenses incurred in and about his prosecution and convicti i*.. One hundred pounds stg., may be awarded for loss sustained through the means ; f the Felony. Persons sentenced to death or any term of imprisonment over 12 mouths cannot hold office under t..e Crown or sit in Parliament. Such incapacity continues until such person has suffered punishment. The distinction between Felonies and Misdemeanors a 3 purely arbitrary. The following are tlie chief Felonies: Inciting to mutiny, felonious riots, unlawful oaths. Unnatural 304 Female Paasenr/evs. ']i crimes — Felonious escapes, murder, manslaughter, attempts to muider, iiifliciring greater bodily injury, rape, connection with children under 13, bigamy, larcenies of all kinds and receiving stolen goods, forgery, arson, &c., &c, Fi^MALES. — Assaults on, sec p. Go. On indictment in- decent assaults, both on males and females, are punishable witli imprisonment not exceeding 2 years. Female Passexgehs to Labrador. — Females eno-a^ed as servants in the fishery or as Passengers between New- foundland and Labrador must have separate cabin accom- modation 50 cubic feet for each female and sufficient sani- tary accommodation. Penally not exceeding 8100. Fences. — In any action, complaint, prosecution or other proceedings instituted fur any injury or damage caused l^y cattle breaking into or trespassing on land, or destroying or damaging crops or products thereof. Tenant or owner not entitled to recover, nor shall owner or party in possession of such cattle be liable to fine or dam- ages or any other punishment unless it be proved at tlic trial that the land trespassed on or broken into was en- closed by a good and substantial fence-, and that such cattle effected an entry upon such land by breaking down, re- moving, or leaping over such fence Cattle shall be construed to mean, cows, bullocks, horses and sheep. This clause shall not be construed to affect any exist- ing agreements or covenants relating to bounJ;ary fences (39 Victoria, Cap. 10, 1 87G). , attempts ;onnectioii kinds and bment in- lUiiishable s engaged een New- n accom- :ient sani- )0. nition 01' r damage 1 land, or owner or ! or dam- d at tlie I was en- leh cattle down, re- bnllock.' ny exist- ly fences 305 Ferries. Ferries. 1 — Governor may establisli fer- ries. 2 — Courts of Sessions may make rules for ferries, &c. ) 3 — Justices may suspend ferry- men in certain cases. 4 — Provision in case of ferry boat being taken away or injured. 5 — Penalties, how recovered. 1 — The Governor in Council may estkblish such fer- ries over straits, rivers, bays, harbors and creeks within the Colony as may be provided by the Legislature, and ap- point persons to serve as ferrymen under such rules and fur such fees, to be paid by the parties using such ferries, as may be prescribed and settled in the manner hereinafter provided; and any person wlio shall accept the place and duty of ferryman, and shall refuse or neglect to comply with and observe the several articles, rules and clauses contained in the rules and regulations prescribed for his guidance in that behalf, shall forfeit a sum not exceeding eight dollars. 2 — The Court of Sessions nearest to the place where any ferry shall be established may frame rules for the man- agement thereof, and fix a rate of fees to be paid for the transit of passengers, animals, vehicles and articles of any description thereat : Provided thit such rules and rates re- spectively shall be subject to t:ie approval of the Governor in Council before the same shall bo put into operation. 3 — On complaint being made to the Justices in session of any improper conduct or iieglect of duty on the part of any ferryman over whom they shall have jurisdiction, such 306 Fires. ■■i > ! 5,; as in the opinion of the Justices to require the suspension aiid dismissal of such ferryman, the Justices shall take the daposition of the party complaiuingj or of an}' other per- son, with respect to the subject matter of such complaint, and transmit thj same to the Colonial Secretary with their report thereon, and may in the meantime suspend such ferryman and appoint some other person to perform his duties until the decision of the Governor in Council upon the matters aforesaid shall have been received. 4 — On complaint on oath being made to any Justice near where an^' ferry shall have been established, of any person having wilfully and )naliciously taken away, dam- aged or destroyed the boat of the ferryman at suc'a placo, such Justice shall issue his warrant for the apprehension of the offender, and upon hearing the parties, make such order for the restoration of such boat, and for the reparation of any damage done to the same, as in that behalf may be just; and in the event of a refusal to comply with such order, shall imprison the party refusing obedience thereto for any time not exceeding thirty days. 5 — All penalties imposed by this Chapter may be sued for and recovered in a summary manner before any one of her Majesty's Justices, and shall be levied, together with costs, by warrant of distress on the goods and chattels of the party convicted. Firc8— diqiiiiiCH ICo^itectini; the Origin of Fires. For the prevention of arson it was deemed advisable to give Magistrates the ]iower to hold an investigation Biili 307 Fir es. into the cause or origin of all fires without any specific charge being made against any one. The necessity for this statutable power to make enqumes anses from the fact that arson is essentially a On the grounds of public safety this extra power has been conferred on Stipendiary Magistrates. JJ n 7'' f ''P^"*^'^^^' Magistrate or Justice for the ^)istrict in wliicli sach fie shall occur, or such Justice as the Governor-in-Coui i a ^^:^^77; ^'"' "'^'^^ r'' '"^-^^^'^^^'^ '« uscerta^: S cause of the fire; ana such Magistrate or Justice may enforce the attendance of such persons to give evi,: nee before hin> a^ 1 n av quu-e by sunnnons or warrant and .xaunne then, under oat Tthe proceedings and all depositions connected therewith shall be etur d to tl.o Attorney General for such further proceedings as may be prrfbed _ Should the investigation shew a prima facie case against any person for arson, the investigating JMagistrate should make a charge and proceed as for an indictable ofience Taking care always to acquaint the Attorney General promptly with tlie facts of the case Fires ill the Hoods, Ae. 1-It shall not be lawful for any person to set out light or start,, or cause to bo set out. lighted or started', any fire in or near any woods in this Colony, except for thq 308 Fires. purposes of clearing land, cookiug, obtaining warratli, or for some industrial purpose ; and, in case of lighting or starting fires for any such purposes, the obligations and precautions imposed by the two following Sections shall be observed. 2 — Every person who shall make or start, or cause to be made or started, a fire for the purpose of clearing land, shall exercise and observe every reasonable care and pre- caution in the making and starting of such fire, and in the managing of, caring for and controlling the said fire after it has been made .and started, in order to prevent the same from spreading and burning up the trees, shrubs or plants surrounding, adjoining, or in the neighborhood of the place where it has been so made or started. 3 — E\ ry person who shall, between the First day of May and the Thirtieth day of November, make or start, or cause to be made or started, a fire in or near the woods for cooking, for obtaining warmth, or for any industrial pur- pose, shall — 1. Select a locality in the neighborhood in which there is the smallest quantity of dead wood, branches, brushwood, dry leaves, resinous trees, heath, peat, turf, dry moss, or vegetable matter of any kind. 2. Clear the place in which he is about to liyht the fire by removing all dead wood, branches, brush- wood, dry leaves, resinous trees, heath, peat, turf, dry moss and other vegetable matter from the 309 Fiv-s soil, within a distance of not less than five feet in every direction from any part of the fire. 3. Exercise and observe every reasonable care and precaution to prevent such fire from spreading, and carefully extinguish and see that the samo is extinguished before quitting the place. 4 — The owner or occupant of the land upon which any fire mentioned in the foregoing Section shall be made or originate, shall be deemed and taken to be the party offend- ing, and shall be liabl-i to the several penalties provided by this Act, unless such owner • ■ occupant shall, when called upon so to do, declare upon oath before a Stipendiary Magistrate that such fire was not made, started or lighted by him, or by any person by his direction, 5 — Whenever a fire originates on Crown lands, and in tlie neighborhood of any place where it has been ascer- tained that a person or a number of persons were a short time previously to the happening of such fire, camping, cooking, fishing, or engaged in some industrial occupation, he or they shall be taken to be the party or parties offend- ing, and shall be liable to the several penalties provided by this Act, unless he or they shall, when called upon to do so, declare upon oath before a Stipendiary Magistrate, that such fire Avas not made, started or lighted by him or them, nor by anyone in his or their company or service, by his or their direction. 6 — Every ^erson in charge of any party of men en- gaging in lumbering, railroad building, surveying or explor- 310 Fires. ing, shall provide himself with a copy of this Act, and shall take steps to make the men employed by or under him acquainted with its provisions. 7— All locomotive engines sliall, by the person, com- pany, (or manager thereof), using the same, be provided with and have in use all the most improved and efficient means to prevent the escape of fire from the furnace or ash- pan of such engines, and the smoke-stack or the boiler ex- tension of each wood-burning locomotive so used, shall be provided with a bonnet, screen or spark-arrester of iron or steel-wire netting, the size of the wire used in making the netting to be not less than No. 19 of the Birmingham'^wire guage, or three sixty-fourths part of an incH in diameter, and shall contain in each square inch at least eleven wires each way at right angles to each other, that is, in all twenty-two wires to the square inch ; or, in the case of coal-burning locomotives, t'lc smoke-stack, furnace and ash-pan shall be constructed of the newest and most im- proved pattern, the standard to be that, at the passing of this Act, used by the PlacentiaEailway. 8 — It shall be the duty of every engine driver in charge of a locomotive, to see that all such appliances as are above mentioned are properly used, and so as to pre- vent the unnecessary escape of fire from any such engine, BO far as it is reasonably possible to do so. 9— Any person violating the First, Second or Third Sections of this Act, shall be liable to a penalty of not less than Twenty -five Dollars, nor more than Ono Hundred DoU lars, for each offence. 311 Fires. 10 — Any person violating the Sixth or Eighth Sections of this Act, shall be subject to a panalty of not less than Twenty-five Dollars, nor more than One Hundred Dollars, for each offence. 11 — Any person, railway company, or the manager thereof, permitting any locomotive engine to be used in violation of the Seventh Section of this Act, shall be liable to a penalty of One Hundred Dollars for each offence, 12. — In any prosecution under this Act for a breach of the Seventh Section, or for damages in a civil action, re- sulting from fires set by locomotive engines, it shall not be necessary to prove the name or number of the engine, nor the name of the engineer or fireman in charge of such loco- motive when the fire was started. 13 — Whenever railways pass through the woods, the railway company shall clean from off the sides of the rail- way to a reasonable distance thcefrom, all combustible material by safe burning or otherwis9. 14 — Any railwi^y company violating the Thirteenth Section of this Act, shall be subject to a penalty of One Hundred Dollars fur each offence. 15 — It shall be the duty of the Government Engineer to inspect and examine, or cause to be inspected or ex- amined, from time to time, all locomotive engines used in the Colony, with a view of ascertaining whether the pro- !' j; 312 Fires. visions of this Act are complied with, and for the puroose ot enforcing the said provisions. thon ed by h,m in writing, sluall have power to enter into any shed or shop or upon any premises where locomotive engines are kept, for the purpose of inspecting and examin- ing such locomotive engines. IT-Any person or persons obstructing or interfering with such engnie:^r or other person authorized by him in the discharge of his duty, sliall bo subject to a penalty not exceeding one hundred dollars for each offence. 18-An offenders against the provisions of tiiis Act may be pi^osecuted and convicted, and all fines, penalties and punishments imposed, recovered and made in a sum- mary manner before a Stipendiary Magistrate by anr ' per son who shall make complaint and prosecute the offender to conviction, 19-Whenever any fine or penalty imposed under the provisions of this Act is recovered, one moiety thereof •shall be awarded to the person prosecuting the offender to conviction, and the other moiety shall be paid to the Re- ceiver General for the use of tlie Colony. 20--In case the amount of any penalty recovered under the provisions of this Act and costs be not paid forth- witn the offender shall be subject to a term of 'ii lip'" ment of one day for each dollar of such penalty ai.d costs. " 313 Fires. 21 — Whenever any fire is caused or originated by any locomotive engine under the control or in the service of the Government of this Colony, and loss by such fire is occasioned to the owner or lessee of any property through those in charge of any such locomotive engine not adopting the precautions contained in the provisions of this Act, for the purpose of ascertaining the damage that has been occasioned the owner or lessee by snch fire, the Governor may appoint one person, and the party so affected another person, which two persons shall deter- mine, by arbitration, the amount of compensation to be paid such party according to his interest therein ; and in case such two parties should not agree in their award, then they shall name a third arbitrator, and in case they should not agree over the nominaticr of such third arbitra- tor, either party may apply to the Supreme Court or a Judge thereof, and upon hearing sucli application the said Court or a Judge thereof shall appoint such third arbi- trator, and the award of any two of them shall be final and binding, and the said arbitrators shall be sworn before a Magistrate to do j..:iice between the parties, and may sum- mon and requ've the attendance before them of all partiej interested in the property, their agents and all necessary witnesses, and require before them the production of all deeds and papers requisite to establish the title or interest of any party claiming compensation as aforesaid, and may examine upon oath (to be administered by any one of such arbitrators) all such parties, agents, or witnesses touching the matters to be enquired into by such arbitrators, and the awards and decisions of such arbitrators shall in all cases be final and binding on all parties. 314 M& ^^^^^B' i Fires. 22— All proceedings for offences agaiiui the provisions of this Act shall be commenced within six calendar months following the day of the commission of such offence, and all claims against the Government for damages occasioned by any locomotive engine under the control or in the ser- vice of the Government, shall be furnished at the office of the Government Engineer within six months from the hai)- pening of such casualty by firo. 23— It shall be the duty of all officers of the ^rown lands and all constables to enforce the provisions and re- quirements of this Act, and in all cases coming within their knowledge to prosecute every person wbo may be guilty of a breach of the provisions and requirements of *' me, under a penalty of not less than Twenty-five nor more than One Hundred ^^ollars for each omission of duty. 24— iu this Act the word " woods " shall include forest, wood, track covered by underwood, barren, ary marsh or bog. ■ i . . !ia 95— :^Tothir.g in this Act contained shall be held to limit or interfere with the right of any party to bring and maintain a civil action for damages occasioned by fire, and such right shall remain and exist as though this Act had not been passed, except such right shall not extend to cases provided for under Section Twenty-one of this Act. Note.— The old Act contained the words " If any one shall willfully or carelessly ,et on fire or cause to be set on 315 Fisheries. fire any of the woods, &c." The omission of the word care- lessly in the present Ictisa serious defect. The country has suffered so much ; ijury from forest fires that the most stringent laws should be passed to prevent this terrible scourjj'e. Even an accidental setting fire to the woods should be severely punished. Fisheries. The enactments on this subject arc very contradictory a.iJ confused. Under the head of Inland Fisheries I have endeavoured to state the law concisely and clearly, as I 1 3lieve it should be read. The larger suoject of Coast Fisheries is still in a state of confusion, the present state of the law on this most vital question will be found under the head of Trade and Fisheries. Fisheries — Manufacture of Fish into Manure. It shall not be lawful to manufacture into manure or into any article to bp used as manure, either by machinery or by artificial chemical process, or by the use of both, any capelin, herring, squid or other fish ased as bait in the prosecution of the fisheries. Penalty, $500. This absurd law which prevents the manufacture of fish guano, so largely utilized in Norway and ther great fish countries, does not prevent th§ manufacture of fish offal into manure, only bait fishes, 31(5 Fiaheries. Fish OmL-Throwing fl,l, „,i„i „„ fehing ground.. Any one who , hull throw ovchoanl or .lopodt upon any .sh.ug groun, or Iclgo, in „r near the cast, of Newfoun.l- ;.ml or Lahrador. any head.,, entrails, bones or oftal of ood- iy.h lenalty, not exceeding fc'OO, or in default of „av- n'ont, imprisonment not exceeding 00 days. Fi.siiEiiiEs (Ini..\sd.) 1 No person shall at any time catch, kill or take any Mm of non-migratory fresh water fish in any inland lake .■■vor, or stream in the Colony hy the „.,e of any net 1,„ ' owweir otter, lino or other deleterious comp;,,, [o da s' " '■"'"'""« ®"""»P"»°n-o>.t not exceeding 2- No per..ou shall catch, kill, or take any kiud of trout, char white fish, lan.^ -locked .dmon or any fre ,7 "■ ",': -'^^l ««J^ - -^y i>^l-^ nver, or strcan. 'of tt Colony, between the loth September and 1st February in nny year. lenalty, not exceeding $lu. Imprisonment not exceeding 10 days. ^ '""tut, 3-No person shall by spearing or sweeping with net. or semes, take or attempt to take, salmon, grifse, par out many ay. nver. stream, cove, pond, or lake above where the tide usually rises and falls. 4-No saw dust or mill rubbish shall be cast into anv river, stream, lake or water course. 5-i\o mill, dam, rack, frame, traingatc or other erec tiou or barrier shall be erected in or across any river; ;i7 Fish I cries. ; grounds, iipon any ewfound- al of cod- ' of pay- take any md lake, not, l)ul- nipound. xcoedini' stream, lako or watercourse to a greater distance than one- tliinl of the width of the water, so as to leave the middle third part of the water free for the passage of salmon. (] — No nets or other ontrivancc to bo sot or remain in the water in any stream, lake, or watercourse for the capture of tisli nor shall any one capture fish in any such water by mean • f nets, seines or other contrivances. No net or seine or oilier contrivance to be moored within 200 yards of the niouth of any stream or watercourse, nr^d where nets n. ' bo set in an estuary, an open passage ofat least 200 yards must be left iiithe middle of the stream or watercourse. kind of iiy fresh ; of this "uary In 3nment, ■;th nets par or I, above ito any 7 — The Governor in Council may declare l)y procla- mation the I'oints to which tlie mouth of a river extends. 8 — iTo one shall buy, sell, or have in possession sal- mon, knowing the same to have been taken contrary to law, all such salmon shall be declared forfeited ])y a Justice of the Peace. 9 — Justice, Sub-collector, Preventive Officer or Fishery Warden may on view, destroy, weir rack, frame traingate or other erection or barrier elected contrary to law, or the same may be destroyed by narrant from a Justice duly ob- tained by complaint on oath. r erec- river; 10- -N-^ts for the taking of salmon must have the mokes, meshes or scales not less that G inches. 318 Food Inspection. 11— Constable shall on view arrr^f- on,- ,... c violatincr tl.oc. • • '^"^ person found of ll,.^!"""^^'-'''"' "° ■'l»"'''<=P«"»lt.yi^ "auied, f,„. the breach of theseprov,s>o„s, the amount ,I,aIl „o „„t ovcoedh, , ^Tn a.>d . def.,H of pa,,„e„t „,„„,3„n.„e„t not e.^d.-i t' ^ 13— Penalties may be sued f„r s " uscice of the Peace. siiniinaril}^, before a n4t:J7hv'"' '''"'''' ''^''^''^ Flc k -standard weight of barrel of flour corn and oati.oal, 196 lbs., half barrel, 98 lbs. meal I'oort, Insiieption ©(. ^ l.-Any officer .specially appointed i,y tl,e (Jove,-„„,. ... Conned, or Municipal InspectoVappointe e th ^ Johns M,,„,e.pal Act, 1892. for .,„. „.„,„,,, ^.^ c.apte,, or any l>„i,ee Constalde. n.av at all rea,o.,ahh Tr i .t" """" "" ■■'■I"-«"ta'».^ of auv Jrber ^f .Ba.d of Health. Public Health Oihecr, Mnnicipa, S, pe . nspector, .u.peet and e.an.iue any ani„u!l. earc'a , ' '""'"•'• 8""'«' "'^■'''. ««li. f.-..it, vegetables, corn. 319 Food Inspection. bread, moal, Hour, butter, or nulk, exposed for sale, or deposited in any place for the purpose of sale, or of prepar- ation for sale, and intended for the food of man, the proof that the same \vas liot exposed or deposited for any such purpose, or was not intended for the food of man, resting with the party charged. And if any such animal, carcase, meat, poultry, game, flesh, fish, fruit, vegetables, corn, meal, bread, flour, butter, or milk, appears, to such Officer, Inspector, or Constable, to be diseased, or unsound, or unwholesome, or r.nfit for food of man, he may seize and carry away the same himself, or by an assistant, in order to have the same deak with by a Justice within twenty-four hours. 2. — If it appears to the Justice that any animal, car- case, meat, poulti-y, game, Hesh, fish, fruit, vegetables, corn, meal, bread, butter. Hour, or milk, so seized is diseased, un- sound or unwholesome, he shall condemn the same and order it to be destroyed, or so disposed of as to prevent it from being exposed for sale or used for the food of man, and the person to whom th.o same belongs or did belong at the time of exposure for sale or in whose possession or on whose premises the same was found, shall be liable to a penalty not exceeding, for the first offenc3, twenty-five dollars for every animal, or carcase, or fish, or piece of meat, flcbh or fish, or any poultry or game or for the parcel of fruit, vegetables, corn, meal, bread, butcei or flour, or for the milk so condemned, and, in default of payment of such fine, to imprisonment for a term of not more than one month, and for a second offence a penalty not exceeding one hundred dollars for every animal, or carcase, or fish, or 320 Food Inspection. Picco of meat, flesh or fi,h, or a„y ,,„„lt,y „, „,,„„ „, ... t p...ee .off,.,,,-,,, .egetaUe., eon,, ,„e.l bre! bl ,- „ «o.,r, a,Kl, ,„ defa,nt of payu.ent. to i,„,,ri.,onme„t ti- ! term of not more than t«„ months TI,e T,,.t , "»"er this seetion i.s en.po.ere.l t ion et t ffl 'I ° »ay ^.either the Jnstiee who n.a, hav:::; r „e a 1 e^' to he ,l,spo,sccI of or destroyed or any other .TnsWee Imi ' jurisdiction iii the jilace. ■■'wocn.uing 3._U,,„„ eomidaint on ouh made hv anv person he fo.-c any Jnstiee of the Peace. .I,„t ..» „,■ t ■ ,,. mentioned m tlie foie.mi,,,, ., f , '"ticles exposed or intend dtr.'a::;;:" 'f"" '""'' "'■ •".■■vl.ole.some, and npon pr,:;' Z:::rT:ZlZ . anner hefore such .Justiee. the lii.e orders nn.y l, nd he I, e penalties and p„ni.,hn,ents inflieted as e ' > "led hy the preceding section. ' pro. 4.-Any pors,.n who in any nu.nner prevents anv offleer appointed nnde, ,lds chapter, inspecto o co ^t.; ! f-orn entering at a reasonable time any pr n s ; ...specting any animal, earease, nn.at, po.ifti,' , 7,,:;," Its., fniit, vegetables, corn, meal, bread, b , t^rfl:, ! . m.lis e.xpo.,edordepo.,ited for the purpose af sal 'or paratioii for sale, and intended for'the^::, ^l"':/ ' ^ o" tr ;:;;;.:r"w ""^ ^'"■" """-■ '■"'"-•"■- "--^ '■> Ills a.s.'sihtiuit, v.'lieii carrviiKT ii,|-o ovr...,,*,- n vi.sions of this chapter, sha^l Ce lllb, t '! n l ■;;: cvceeding twenty-five doll.ars, or, in default ..("^^^t ""prisonincnt for a term „„t e..xeeedi„g one nioiith 321 Food InspeGtion. e, or i'or J litter, or iiit for a ice, who olfeiulei', 10 article ' Jiaviiijr son he- art icles e])t, or 'U)kI or mniary e made re jiro- 'S any stahle, 3 and ihish, ur, or -f i)re- i' wlio tahle, pro- f not lit, to 5. — On complaint made on oath hy any officer appointed under this chapter, any member of the Board of Health, Health Warden, Municipal Supervisor, Inspector or Con- stable, any Justice may grant a warrant to any siich officer or constable to enter any building, or part of a building, in which it shall appear that there is reason for believinc that there is kept or concealed any animal, carcase, meat, poultry, game, flesh, fish, fruit, .vegetables, corn, meal, bread, butter, flour or milk, which is intended for sale for the food of man, and is diseased, unsouiui or unwholesome, or unfit for the food of man, and to search for, seize and carry away any such, animal, or other article, in order to have the same dealt with by a Justice, under the provisions of tiiis chapter. Any person who obstructs any such officer or constable in the performance of his dr.ty under such war- rant, shall, in addition to any other punishment to which he nuiy be subject, be liable to a i)enalty not exceeding one hundred dollars, or in default of payment, to imprisonment for a term not exceeding two months. storehouse, warehouse, shop, cellar, yard, wharf, or other building, occupied or used by the same person or persons in the towns of St. John's, Harbor Grace or Carbonear or within one mile thereof, (all buildings and places adjoining each other and occupied together to be deemed one house or placo within the meaning of this chapter,) save and except in a magazine near the Crow's nest in the town of St. John's or in any magazines existing now in the towns of Harbor Grace and Carbonear or in any other public magazine or magazines Avhicli may hereafter by lawful authority, be appointed for the safe storing of gunpowder. 2 — Not more than twenty-five pounds weight of gun- powder shall be kept at any one time in any one ship, boat or other vessel, in the harbor of St. John's, Carbonear or Harbor Grace longer than twenty-four hours after such ship, boat or other vessel, shall have come alongside of any wharf, or alorgside of any other ship, brig, schooner, or other vessel, or shall be anchored, moored or stationed within any distance less than fifty fathoms from any wharf, or other building : Provided always, that this chapter shall not extend, or be construed to extend, to any ship or vessel of war belonging to Her Majesty, or to any ship or other vessel employed in the public service of the Government. 3 — It shall and may be lawful for any Magistrate or Justice of the Peace, reyiding within the judicial districts II in 331 Gunjwivder, Storing of. in which the said towns are respectively situated, on com- plaint made upon oath by any constable or other person, that ho has reasonable cause to suspect that any quantity of gunpowder is deposited or kept in any house, storehouse^ warehouse, or other building or placti as aforesaif^ '^hin tbe said towns or the limits afores^.iu, or on board any ship, boat or vessel, in either of the said harbors, cr^'^-ary to the provisions of this chapter, to issue hi.s warraiiu to one or more constables to search for the same in the day time; and for that purpose, admittance being first demanded by such constable or constables, and refused by the proprietor or occupar*" of any such house, storehouse or other building or place as aforesaid, or by the master or other person iu charge or command of any ship, boat or other vessel, in the harbors aforesaid, wherein it is so suspected that gunpowder is unlawfully kept or depos"ted,it shall and may be lawful for such constable or constables, if there shall be occasion, to break oppu any such liouse, storehouse, or other building or place asafcesaid, or any such ship, boat or other vessel as aforesaid, and to enter into, examine - -cli the same ; and if upon any such search or c . 'i - aon, a greater quantity of gunpowder than by this chapter is allowed shall be found by him or them, it shall and may be lawful for any such constable or constables to ^eize the same, and he or they shall without delay remove the gunpovder so seized and deposit the same in the magazine ; and without delay then give information and make complaint of such seizure before one of Her Majesty's Justices of the Peace aforesaid, who shall thereupon summon such owner or owners of the gunpow^^^ t so seized, or person in whose house, store or otJier building or place, or in whose ship. 332 Gu7i2>oivder, Storing of. boat, or other vessel, or in whose keeping the said gunpow- der was found, requiring tlie said party to appear and answer or defend the said information or coni])laint, which shall by the said Justice be heard and detc-njined in a sumnmry way; and if the said person ro Siiramoned shall, make default in appearance to the said summons, or after appear- ance and a due hearing of said complaint or information the said Justice shall convict the defendant, tlie said Justice shall make order for the confiscation and sale of the said gunpowder, and the constable or constables who seized the same shall sell it by public auction, and after payment of such reasonable costs as the said Jmtice shall award to be paid out of the proceeds of the said sale, one half of the net residue of the said proceeds shall b& paid to the in- former, and jne half be applied towards defraying tho expenses of the fire companies of the said town. 4 — If any person or persons sliall have or keep any larger or greater quantity of gunpowder than twenty-five poundr, at any oi'o time, in any house, stoiehouse, ware- house, shop, cellar, yard, wharf, or other place, within the said towns or within one mile of the same (excent as here:- before excepted), or shall ha\e or keep any larger or greater quantity of gunpowder than twenty-five pounds, at one time, in any one ship, boat or other vessel, in the said harbors, longer than twenty -four hours after sr.!! ship, boat or other vessel, shall have come alongside of any wharf, or alongside of any other ship, brig, schooner or other vessel, or shall be anchored, moored or stacioned within any distance less than fifty fathoms from iiny .vharf or other building contrary to the provisions of this chapter, 333 Gunpoivder, i^itoring of. all such gunpowder over and above the aforesaid allowed weight of twenty-five pounds shall became forfeited, and all and every such person being owner of the said forfeited gunpowder, and the persoa having the same in charae nr keeping, and the occupant of the house, storehouse or other '•'^l^iing or place ^'herein the same shall be unlawfully deposited or kept, and the owner or master of tlie ship boat or other vessel wherein such gunpowder shall be un- awlully deposited or ke],t, shall, on due conviction of having w,h xly done anything contrary to the provisions ot h.s :..hapter, whereby any such gunpowder aforesaid shall become liable to forfeiture, respectively forfeit and ray for the first oftence fifty dollars, for the second offence oue hundred dollars, and for th. third offence one hundred and fifty dollars, to be recovered at tl,e suit of any con- stable of the towns, or other person in the Supreme-or Sessions Court of this island, together with full costs of suit; one halfof the moneys so recovered to b^ paid to the constable, or other person, who shall inform and sue for the same, and tho other half to Her Majesty, to be applied to- wards defraying the expenses of , 3 fire con-panies of the said towns: Provided .Iways, uat sucl. proceeding shall be commenced witliin twelve months next after such for- feiture or penalty shfdl be incurred. V.-For all gunpowder stored or jlaced in the said nuigazines und taken out of the same within one year, the following rates and prices shall be paid, that is to say 'or every bavrd tifiy cents ; for every half barrel thirty cents • and for e", e-y q.iarter barrel twenty cents, ami if such -un- ])owdor shall ])o stored in the said magazines for \ny greater tune than one ye..' then there shall be paid for •n t-l Ounpowder, Storing of. every hundred pounds weight of the same, at and after the rate of Hfty cents per annum. VI- — All gunpowder wliich, in pursuance of the pro- visions of this chapter, shall be carried to and removed from the said magazines or any other magazines, hereafter to be built, under the provisions of this chapter; shall at all times be conveyed and carried by water, as far forth as the same can be water-borne, VII. — The town of Harbor Grace for the purposes of this chapter, shall extend from Bear's Cove to Ship's Head inclusive, and one mile from high water mark within the limits aforesaid, VIII. — The town of Carbonear for the purposes of this chapter sliall bo included and comprehended within a line extending from Crocker's Cove Point to Mosquito Point, and including all buildings erected within one mile of high M-ater mark on the northern and western sides, and within one quarter of a mile of the southern side of the said harbor of Carbonear. IX- — The provisions of this chapter shall not extend or be applied to the storing, warehousing or keeping of any gunpowder being the property of Her Majesty in any of Her Majesty's storehouses, M'arehouses, depots or magazines in this island. Ilui'bour. Throwing stones, or ballast, or anything else hurtful or injurious into any Harbour or Roadstead in N"ewfound- land. and after the 335 Hard Labor. or Labrador. Penalty not exceeding $40. the most ancient hiws of Newfoundland. This is one of Hard Labouk. — In all sentences under Summary Jur- isdiction, Magistrates may sentence an offender to hard labour. Haues.— Sec Game Laws. Hay.— x\ll hay imported for sale in screwed or pressed packages, shall be weighed by the Vendor, who shall attach to each package or bundle of hay a ticket maiked with the weight thereof. If desired by purchaser at the time of delivery the hay shall be weigiied by Vendor in presence of purchaser. Penalty for refusal to reweigh $10, ll 336 Boards of Health. Health Public-OfBoardsof JlejEltli, Health Ollicers and Quarantine— Vaccination. 1. -Power to Gorernor in Council 15.— Delinition of "Xuisance " 9 ^^^^'^^'^^^q'f/'a'itinc orders. IG.-Povvers of Board of Health to 2.-TobeDotihedl,yProcla,nation. isolate and (u,aranti«e 3.-ro l.ave the force of huv. IT.-Puwers of St. Joh.4 Municipal 4.— Governor in Council mav Council ^ '■ « ^^unicipai appoint officers. " IS.— Penalty for rcfusin- to conmlv 5.-Cusom officers and pilot, to be with Vogulation &c ^ " L dounSr"^'" of Governor 19.-Serrants°of Boards of Health in LounciJ. protected. 3 -PerwL i?i',°'''r'- I" -Api>»i"T,„™t of P„l,lic IleaUl. lo. 1 er,sons suflering from con-j officer Kel'f «nf?ji"; ^^J^°'';h;2^--^I^tablishn,.nt of Quarantine. 14. fcc -Power* to enter pltcts sus- pected to be dangerous, &c. 27.— Power of Governor in Council to make rults for preservation of public health. 28. — Procedure ; appeal. l.-Thc Governor in Council may make sucli general and particular Quarantine orders and regulation.s applicable to ve.ssels, goods, persons and things, being witbJn this Colony or imported hither from abroad, as lie may deem expedient for preventing the introduction or spread of con- tagious or infectious disease, and may affix penalties, for- feitures and punishments for the breach of any such general or particular orders and regulations, and for the bretach or violation of any provision of this cliai)tor, except when otherwise provided. 2. --The said general orders and regulations shall bo r ti Ofliccrs 337 Boards of Health. notified by Proclamation or published in the Royal Gazette, and the production of any such Proclamation or publication shall be evidence of the making, date and contents thereof. Particular orders may be proved either by the production of the original or of a paper purporting to be a copy there- of, certified to be such under the hand of the Colonial Secretary. 3. — Such general and particular orders and regulations shall have the force of law while they remain unrevoked ; their expiry, revocation or amendment shall not prevent any person liable for a breach or violation, during their operation, from being tried and punished therefor within twelvemonths after the expiry of such order or regulation. 4 — The Governor in Council shall appoint all necessary officers for the due execution of the foregoing provisions of this chapter, and the orders and regulations to be made thereunder, and shall define their respective duties and authority, 5. — Custom House officers, masters of tug boats, and licensed pilots, shall be subject to the orders of the Gover- nor in Council, for the purpose of aiding in execution of the provisions of this chapter and the regulations and orders to be made thereunder, G. — The Governor in Council may appoint Boards of Health and define the extent of the district over which their authority shall extend. Boards of Health shall make rules and regulations for the preservation of the public f 338 Soarda of Ueallh. health and for romJering c.ffect„al all „,eas„resofpvecautio„ aga.„s the outbreak csproaJing „f diroase, auoh rulca and .■egnla .„,,s to have the force of law wIk., approved of and rubhshed hy the authority of the GovernorVn Council ,, the Royal Gazette. 7 -The Governor in Council may also, when and for such time as may be eonsiderod necessarv annoinf n MecHcal Health Oi^ioer. whose duty it shall be', ^^C t the directions of the Governor in Council, to co-operate and advise with the Board of Health in all matters pertaining to the public health. The Governor in Council shall iW die amount of remuneration to be paid to such Medical Officer. 8---It shall be the duty ofBoards of Health, periodi- cally and personally, or by qualified deputies, to inspect all parts of the district under their control, and in case of the existence of any condition in their opinion noxious to the health of the inhabitants, the board shall cause such con ditions to be removed, and in case of the appearance or danger of the appearance of any contagious or infectious disease, it shall be the duty of the Boards of Health to meet not less than twice a week, and by means of isolation quarantine and disinfection applicable to all persons, places' and things, and otherwise to take all steps necessary or desirable to prevent the spread of such disease. 9.-The Boards of Health may order or cause any building, piuce. vessel or boat, to be whitewashed, fumi- gated, or otherwise purified, at the expense of the owner or tenant, and may order or cause anything dangerous to the public health to bo removed or destroyed. i 'mrm. 339 Boards of Health. 10. — Any Board of Health, or, where none exists, any Ju=?tice may order to be removed from any dwelling house or place, or from any vessel or boat approaching near to or within any place or port, any person sick with any con- tagious or infections disease to any hospital, house or place proper for that purpose, it being lirst certified by a medical practitioner, when available, that such removal is necessary for the public health. And if any person be sick with any infectious or contagious disease in any house or place, and such person cannot, in the opinion of such medical practi- tioner be removed, then the Board of Health, or Justice, as the case may be, may causc; such house or place, or any con- tagious house or place, to be vacated by other occupants, suitable ])rovision being made I'or them by such Board or Justice, for such time as the safety of the inhabitants shall require. 11. Where any person is sick with contagious disease, or is suspected to be so, and no medical practitioner is in attendance on such person, the Board of Health may send a medical practitioner to visit such person. Any person interfering with or preventing the visit of such medical practitioner shall be liable to a penalty not exceeding three months. Every medical practitioner shall immediately make a report to the Board of Health of every contagious or infectious disease, so visited by him, under a penalty not exceeding fifty dollars. 12. It shall be the dt.ty of any householder, so soon as he shall become aware that any occupant of his house is suffering from an infectious or contagious disease that ^^^K' L r i ^Hl.. \ 1 340 Boards of Health. may be detrimentalto the public health, to .ive notice of such disease to the Chairman of the Board of Ho.Ul persons charge of one so suffering .,,„ '30 e. p " Z sufferer, and any owner or driver of a n„I.U„ who does not in,n.ediate.y provide^for ' . S'Tf h.sc„nveya„eo after it has. with the knowle 1 "e of U zz: :;ho*::trr™^"" -^ ^""" -»-- -• ' person «ho, without previous disinfection, gives lends ells, conveys, transmits or exposes any beddiL e,'o ,i „ rags or her th ngs which have been exposed to i e t^' tno leaee, be iined a sum not exceeding one liundred do lars, or .n default thereof, to imprisonn.tnt for a er .> not exceeding three months : Provided tint n„ ,™ 1 shall be taken against persons tranl «i ^^r! r^: precautions, such articles for th- purnose of 1, V ^,? disinfected by order of the .oard ^irediiy::?' "'"■" I2ed by such Board, may open and enter and inspect private health may be reasonably suspected to exist, and shall ordr M , and If the same shall not be removed or dcstroved within twenty-fonr hours after such order, the person t. 341 Boards of Health. lecting or refusing to obey aich order shall be liable to a penalty not exceeding twenty dollars; or the Board may, in their discretion, cause the same to be removed or destroyed, and may recovev t'- expenses of so doing in a summary manner in the name of the officer inspecting, from the per- son so offending. 15. — The word "nuisance" under this chapter shall include any premises in such a state as the Board of Health or Justice, as the case may be, may consider injurious to the ])ublic health ; any pool, ditch or gutter, water-course, privy, urinal, cess-pool, drain or ash-pit, so foul as to be injurious to the public health; any accumulation or de- posit which is injurious to the public health. 16. — Boards of Health shall have the power to isolate and quarantine any person, house or place or thing, during or in anticipation of an epidemic that they may consider likely to be injurious to the pnblic health. They nuiy cause all nurses, practising as such, to be registered in a register to be kept by the chairman of the Board of Health for that purpose, and make rules for their guidacce during the time of epidemic, as ])rovided for under section six of this chapter, and may take any other measures whatever in their judgment desirable for the more effectual carrying out of the purposes of this chapter. i s 1 III 17. • — The St. John's Municipal Council, their superin- tendents, insj)ectors, officers and servants, shall have full power and authority to cnny into effect all rules, ren'ula- 342 Boards of Health. tions, orders and directions from time to time made by the Board of Health, and considered necessary fur the preser- vation of the public health. 18.— Any person, without sufficient cause, refusing to obey or comply witli any order of the Board of Health, shall be liable, for every offence, to a Hue of not exceeding fifty dollars, or imprisonment not exceeding one mouth° And any person unlawfully hindering, ol structing, or as- saulting any servant or officer of the Board of Health, or other person acting under their authority, in the perform- ance of his duty, shall be liable to the same penalties as are provided for hindering, obstructing or asisaulting a police coLstable in the execution of his duty. 19.— The servants and officers of the Board of Health and all persons acting under their authority in carrying into effect the provisions of this chapter, shall have, and be entitled to all the protection, privileges and immunities pertaining to Police Constables and officers in the discharge of their duties. 20.— The Governor in Council shall, amongst the gen- eral orders to be made under this chapter, adjudge and affix tlie imprisonment, penalties and forfeitures that shall attach against any person or vessel, and the estate and effects of any person whu shall violate the provisions of this chapter, or of any general or particular order made thereunder. In ca:>cs of violation of this chapter or of any rules and regulations made tliereunder where no particular gi^g ^ii rtft iiir^ifr-'-rfcti i mm 343 Boards of Health. punishment is otherwise provided by this chapter, the offender, on conviction, shftU be liable to a fine not exceed- ing one hundred dollars, or in default thereof, to imprison- ment for a term not exceeding six months, 21. — The Governor in Council may make compensa- tion out of the general revenue of the Colony to any person whose property, goods or effects may be destroyed or dam- aged in carrying into effect the provisions of this chapter; but nothing herein contained shall be construed as confer- ring any claim or creating any liability .,n the part of any person whomsoever for any indirect or consequental dam- age or otherwise by reason of anything lawfully done or caused to be done under the autliority of this chapter. 22. — All versels, and any particular class of vessels, and all vessels in particular, any or either of them, shall, from time to time, at particular times, or at all times when the Governor in Council may deem it expedient, be subject to and chargeable vath such fees and dues, either rates on the tonnage or oth^ ise as may be directed by any general or particular order, and such fees and dues shall be a lien on the vessel before all other claims, and no vessel shall be entered or cleared outwards at the Custom House, if such fees and dues be not duly paid, and the masters and owners of any such vessel shall be liable for such fees. I! 23. — If any action shall be commenced against any person for any matter or thing done in pursuance or exe- cution of this chapter, or of any order made by virtue if 344 Boards of Health. ^^^m' ^ ^^Hi 1 1 1 hereof, the defendant in such siction ni;iy plead the general issue and. give tliis chapter anJ the special matter in evi- dence at any trial to be had thereupon, and that the same was done in pursuance and in tlie execution uf this eliap- ter; and no sucli action shallhe brought against any per- son, for any matter or thing done in pursuance of this chapter, but witliin the space of lliree months after sucli matter or thing shall have been done, and without giving the defendant one month's notice in writing. All such actions shall bo tried summarily before a Judge of the Su- preme Court, and if the - ■ ^^B^HIa *r H 1? MB" \ Of, or faihng to comply with the provisions of this chapter or any person wilfully obstructing a vaccinator in carryinc; out the provisions of this chapter, or any person vaccinated nncer this chapter not coming within the provisions of sec ion five of this chapter, who, upon the performance of sucl vaccination, shall refuse or neglect to pay the vacci- nator the fee herein prescribed, shall incur a penalty not exceeding two dollars for every offence, and in default of payment thereof, shall bo liable to be imprisoned for a period not exceeding on. week: Provided that any person refusing to be vaccinated, or any par.nt or guarr^-an refus- ing to submit a child for vaccination, sball not be liable to any penalty, if it shall be made to appear that there is a satisfactory reason as regards liealth for such person or child not being vaccinated ; but the burthen of shewing s.tcIi cause shall rest with the j^arty cha_-ged. 4.-In any proceeding under this chapter, the Justice may, with or without inflicting a penalty, make an order that vaccination shall take place ; and every subsequent re- fusal or neglect to obey such order shall be deemed to be a new offence. _ .>.~Upon the ])roduetioii of a detailed .statement, <'estions fur chocking- 1)'" spread of contagious disease were })repared l)y ti-e late Dr. Hubert, and are substantially in accordance with ihe latest medical science. !ceive re- I *9 S50 Boanh of Health. RULES AND SUGGESTIONS Etc. ' (ISSIKI) l!V Tin; i*,(,Ai;i \ > OF IlKALTii, 8r. John's, Xi'm> i Wl 1 M ) Ihese disoasos ar. spread by lucan^ of nii.uao livin. orgauLsins tnins.nitted directly or indirectly iVoni i>er,sou to person and can he prevaifcl if care and sydemaiie meav. avetal-en to destroy tlieso disease germs, while yet limited to tlie siek-rooin. The iKirts of the IhmIv \vhi<'h are the hreedlmj places of the eontagious organisms givo tliem off in th'e crreatest amount. These parts are : In Scarlot Fev.r: (!,o ,unutl,. ll,roat. „u The particles given off from the body, and containin-v 351 Boards of Health. these organisms may pass into the air, ov find tlieir way into ivater or food, ami so be introduced into the system by breatliing, di'inking or eating, or tlirougli abraded surfaces. The first five diseases in the above enumeration are ommonly disseminated by means of the atmosphere. The sjiecial contagia of tliese five remain virulent for a great k'ugth of lime, and m.ay i'e carried a considerable distance hy till' air witliout io^j'ng their activity; Typlioid and Cholera, while sometimes communicated by tlui air, are peculiarly liable to be tiansmitted by means of water. The two last named diseases, as v/ell as Scarlet Fever and Diphtheria, may bo communicated by means of milk or other articles of food. f'i'Olll tilt' liOUt'ls Published by Authority The following iiules and Regulations made by the Board of Hoaltli for' St. .lohn's arc apjirovctl of, and their publica- tion authorized by His > XCKLLENCY THE (JoVEKNOK in Council. Sr.ciaaAiiY'is Oi'T'ic.';, 15th March, 189(J. 1!. BOND, Colonial Secretary. II ill Ml h < 1 ': " ' oo. BoarJ.-i of Ileal th Made by tiih JJoakh of IIkalth, for the Elecjtof'al I)..-'TJiiGT OF St. John's, indei; and j!v virtue of Section 7, of the " Puulic Health Act/' 1880, for KEXDERING EFFECTUVE ALL .MEASl'RES OF l'RE( lACTIoN AGAINST THE OUTIJREAK OR Sl'READlNd OF DISEASE. SPECIAL RCLES FOR THE I'liPVENTION (IF DlI'llTHEiilA. 1.— Xo huiiselioUk'V, ill whose dwelling' tliere oecnvs ii case of (li])]itlK!ri;i, shall ])oriuit any person suffenng from tlie disease, or any elothing, or (jther i)roperty, to'he re- moved from Ills house, without the consent of the Board of Health. 2.— No ])crson, sick with di].htliei'ia, shall be removed at any time, excej. by ])ermission and uiuh^' the direetion of an ofliccr of the Board of Health or the attendant physician, nor shall any occupant of any house, in wliich this disease exists, change his or her residence to any other place without tlie consent of an Executive Oflicer of tlie ]5oar(l of Health, who sl)!.ll ])rescribe (he conditions under which such removal shall take [dace. 3.— Xo person affected witli diphtheria, and no ])erson having access to any jjerson affected with the said disease, shall mingle with tlie general public, until such sanitary precautions, to the satisfaction of the i'.oard .d" Health, or 553 Boards of Health. its (Inly authorized officer, shall have been complied with ; nor shall any such person expose him or herself in any public place, shop, street, inn, or public conveyance, with- (lut liaving at lirst adopted the precautions prescribed by tlie said Board of Health. Tliis rule does not aj^ply to the attendant ])iiysician, a, clergyman, or member or officer of tlie Board of Health. 4. — All persons named in the last preceding Iluio are hereby re(juired to adopt, for the disinfection of clothing, l)edding, utensils, and other efi'ects which have been ex- posed to infection, such measuies as shall be prescribed by the raid Board. 7>. — Xu person suil'eriii Iniiu dijihtheria, or having very recently recoveretl from diphtliL-ria, shall expose him- self, nor shall any jjcrson expose any one under his charge, who is so suffering, or who has recently recov^'red from this disease, in any conveyance without having pre- viously notilied the owner or ])erson in charge, of the fact of liis recentlv having had the disease. (). — Tlie owner or i)erson in charge of any such con- veyance must not, after the entry of any so infected person in liis cunveyance, allow any other person to enter it, with- out having sufficiently disinfected it, under tlie direction of an officer of the Board of Health. 'M m 7. — No jierson shall give, lend, transmit, sell or ex- l)ose, any Ijeilding, clothing, oi' other article likely to convev diphtheria, without having livst tala'n the ])recautions pre- Jo4 Boards of Health. ■scribed by the .said liules of the BormI of Health for re- moving all danger of coninnniicating the disease to 'others. 8.--N0 person shall let or hire any house or roo.n, in wh.eh dij.hthena has recently existed, witliout tlie written permission of the Board of Health. i^ --In the ease of the e Jj . U o\v cdii t ranted '**.'.'.'.'.'.'"".," .' .' .' .' , 7. No. of families in die Ikuim' .'.'.'.' .'.".'.'.'" ' H. Xo. of children atlemliii;: '^(•li"o!. ...".,'.".".. " ," !>. No. of inmates attendin^r Snndav .-cdH.ol. .'.".'."" 10. \\ hat schools ; ; 11. Conditfon of premises .'.".".!'. 12. Measures adopted fnr isolation ami'diVinfcct'lon' l.i. li patient ecnt to Hospital .' Docti 'tor s sitrnntuK'. ipoi^ivr 2. CiiAiiiMAN LoAiM) OF HFAi/ni oi; I'liu.ic ITkaltii Officki:. liEPOllT OF DEATH OR]lECO\-ERV (INFECTIOCS DISEASE.) ST. JOHN'S, IS!) 1. Name uf patient 2. Ago ! 'y.'.'.'.'.'. .'..','.'. ;;■;; ■>. Residence " j- No Street!!!!! """!'^;*^;;'" 5. Diseai-e n. How long sick !!!!!!!!!!!!!!!! 7. WJiether dead ur recovered !!!!!!!!!!!!!!!! H. Means of disinfection eiHploycd and ' when" "cnViilove i ! Doctor's .-rignature. "'jmimuiuu.li 35^ Boards of Ifcd.llh. 1-i. — Any JMcilical rractitioner violating tlu3 foregoing Jlules and Kcgnlations sliall 1)0 subject to a penalty not ex- ceeding iifty dollars. lo. — No pu]iil from any infected house or place .shall be permitted to attend school until ho produces the certifi- cate of u n:edical num that all danger of his mingling wilji other pupils has passed away, 16. — Any teacher or jjer.son in charge of a school' ujion reasonable grounds of susi)ic)(m or belief that a pupil is dangerous to tlu' licalth of the school by reason of such pu]dl coming from an infected hous(( or place, must ju-e- clud(! such ])U]iil from attending scIukjI until ho ]>rodnces a certificate as isdc>:i'ribcd in ])reccdiiig Jhile. !■ .-^ f^iLnuUino, .17. — Any ]»upil, or the ])areut or guardian of such pupil, or any other person violating liules and licgulations 15 ami IG, sliall be su.bject to a penalty not excc'ding fifty dollars. 18. — ^Vny person going into or coming out of any in- fected house or dwelling after the same lias b(ien })lac.-irded by the said Board of Health, without Ihe authority of such Board, other than a ^Icdical Bractitioner or C'lcrgynmn, or mend)er or ofticei' of the Board of Health, .shall be subject to a penalty of not exceeding fifty dollars. « .-riu'iiatiirf . 10. — The I'uiud of Health shall liave ])ower to placard every house or Imildiug in v,-hich any ca.'^e of iirfci'tious disease may occur within the electoral district of St. doliu's. Hi r V,. •■ IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I ■^ IIIIIM us Ui Hi tAO 2.5 22 2.0 1.8 1.25 1.4 1.6 < : 6" ^ '<^. ■c^ y Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 ^^^, -V' MP.< l^- .<$> 6^^ 338 Boards of Hcullh. from". ~^"^ '""■?" '^°""'' ''"f""'"* "■"'■'■"« T ■■^moving f.om auy house or buil.ling „ny ,,Iac.anl of tl,c said IJuard o IleaU ,, wm,o„t tl,o autl.onty of said Board, shall b subject to a penalty of „„t exccediMg twenty doll rs ■^l- — Any house or 'd shcill remain so p] tho«.,ghly disinf^eted^and ti;;pi:^»;;:n,3 I!;:* of the Board of Pleolth. . Board .h. 11 V • . ''"'^'^'"^' placarded by the said -board shall remain so placarded until the same has been -2.-The Board of Health reserves to itself the rir^ht of supenntonding the work of disinfeclin. all infect houses or buildino-s "" ^iHLCiea 2.-i._Any dairyman or milk vendoi', who Iia, l,co„ ordered by the Health Inspeetov to clean „p the co,v b™ andprem.scs upon which cattle or n.ilk is kept, and who .tun twenty- onr honrs does not con.ply with' sneh order L, ?„ ° -"'J-t'o'* penalty of not exceeding twenty dollars, ° _ 24.-Every householder upon becomin dollars or imprisonment ]iot exceeding three inontlis. l?L:Z;i!!I.l'l'221L^2iIii"yf^i' liavingbeen removed from ^iii^-i^illi±i;:^ ^''^^"6 JS any one sulferincr ft ''^l^:^^i^L^''''' ^^o'-'^e or place, except the Board oHieaUh Home, ^1^:^^:;:^^^^:;^^^ thiit .sucli ,sr,re thmat is not of an JidWrmr rT^Tr^^ removed shall be quarantined for such periodTTTiirn: ±L22!!J!lLilJ^^^'^ may dk-em necessary ; and si^dTT;;;!^ iii±iii^jii£idi^^ nt iiieiii;;:;7rt'i:rTd' U-^Wu£H^^ ject to the Pules and Pe^^tion. cTTlTB^urH;™ sucli lionse. a cliild under 3 tliere is any ucli illness is ot exceodinir niontiis' iin- shall attend iiul no such wliicli, in [ho a ineanr; of iihy dollars 361 Boards of Health. OO.- -Xo person having recovered from Diphther ia shall attend any School or place where children assemble in lar^e numbers, until after the expiration of One Month fro m the date of a Medica l Practitioner's certificate of ^uch recovery • N^or shall any inmate of a house in which recove ry or (hjath fi'om Di^jhtheria occur.., attend any School or place as before mentioned, until after the expiration of One Month from the date of a Medical Practitioner's certificate ol such recovery or death. Penalty not exceedi nL^ fifty dollars, or imprisonment not exceeding throi> months. iuioved from Ifering from t the ]3oard 's certificate 'lature, tlien 1 lias bee n of time as such house iscretioii of -li, he sub- of Jfealth, lioiise in inmates of I-I^ips •J S H I bfi 362 Boards of Heclth. HEALTH RULES. To 1»e ob^i^rv ed ?ii the Siok Ifiooiii tii cases of Coutik^'ioiiH ]>Msea8t'H. x- The patient musi be separated at once from the rest of the household. He must he put in a room on the topmost flat of the house, if possible in one at the end of a passage way. All carpets, curtains, articles of dress pictures, books, toys, etc., not absolutely needed by the patient, must previously be moved. There shonhl be plenty of sunlight and good ventilation. The patient's bed sliould be placed in the centre of the room. 2.— AH discharges from the throat, nose, ears or mouth of the patient, should be received on rags and these should then be immediately burnt. Discharges from the bowels in cases of Typhus, Typhoid, Scarlet Fever and Cholera, should be tlioroughly disinfected before removal from the sick room and they should be buried deeply, at least one hundred feet from any water sujiply. 3. — Let one person only as far as possible do ull the nursing. >^ever allow others, especiaUy childr.-'n, to enter the room, even if they have had the disease. 4. — Clothing, bed linen, towels, etc., which Iwve been used by the patient, should, immediately on removal, be ' dropped into a bucket or tub containing the disinfecting solution, and should be allowed to soak imtiiis fluid for at least ♦ihree hours before being taken out of the room. 363 Boards of Health. 5.— No one must enter the sick room except those absolutely necessary for the care of the patient and those persons should wear clothing that can be frequently changed, disinfected, washed in boiling water, and dried, if practicable, in the open air. 6.— No article of food or drink, which has been once in the sick room, should be used by any other person, and the cups, plates, forks, spoons, etc., which have been used by tlic patient, should be thoroughly cleansed and disin- fected before being used again by other members of the house. 7.— After complete recovery, the patient should be given at least one bath in hot water with a disinfecting solution (attending particularly to the hair), and should be given a complete change of clothing before leaving the sick room and associating with otliers. 8.— Nothing shall be removed from the sick room without first having been disinfected. 9. — Let there be no sweeping or dusting in the room, dust and dirt must be removed by damp cloths, which must afterwards be burnt or thoroughly disinfected. 10. — These measures of isolation and disinfection should be strictly put in force during the whole course of the disease. The sick ro<'a, or better still, the whole house must be properly disinfected under the* superintendence of the Health OiHcer or Medical Health Officer, li death li ! * Boarch of Health. occurs the body must be innnediatcly enveloped in a sheet soaked in disinfecting solution. 11.— Upon notification of recovery from the Medical attendant, or in the event of death, immediula iep.rt must be sent to the Board of Health. 12-After recovery from the disease no one should sleen with the patient for several weeks, special care should be taken against kissing and fondling a person recently re- covered from infectious disease, as the d.mrrer from contagion lingers a long time about the person. 13 —It cannot be too strongly impressed on Parents and Guardians the necessity of keeping their children from unnecessary exposure to damp and cold, especially wet leet, over fatigue and undue irregularity in regard to meals snould be avoided, as these predispose the system to take disease. I Disinfecting Solutions, For Clothiiii?, Vessels, Ac. ;- ("Corrosive Sublimate , ^ \ Permanganate of Potash '.'.''.'. ".'.. 7 Y)']Zl (. Water - uance / wyeth'sTabiet;(c;Vr;;iVe's:iiii,;;at;) ;::■:•• 9 ^"'•''"'- i Water " ^ n „ ^, ^ 1 Quart. For the Person: [Corrosive SuWimate i rs \ Permanganate of Potash '."". { p !"^!" I Water ^ 'J.'ncp. oj. rwjeth'8Tabf^t;vc;;;o;i;^sub]im;;t;):;::::: t ''''"'"'• ^ ^''^^'' ■ 1 Quart. sill: ffttif.ii: pod ill a sheet 365 Boanh of Ilealfh. RULES For Disinfecting and Cleansing Infected Places. 1.— Special attention must be directed to the sick rooi.i and adjoining rooms, as follows : («) Every aperture, hole, joint, &c., must be perfectly clo&ed. (It must be borne in mind that sulphurous acid gas— vapor of burning sulphur— wlien breathed in large quantities" is destructive to life.) ih) All beds and pillows must be freely opened, and suspended to allow the sulphur fumes to penetrate. (c) In cases of small-pox, cholera, typhus, and scarlet fever, the beds and pillows should be burned or subjected to a dry heat of 250 deg. F,, in a disinfecting oven. (d) All boxes, drawers, cupboards, mattresses, &c., must be opened, and their contents dis- tributed about the room, (e) Clothing of all description-j found in the room must be hung on lines stretched across the room. (/) Books, papers,. &c., must be opened out and, 3GG Boards of Healih. it I'l i' I as well as all else in the room, exposed, to the sulphur fumes. {(J) Cl'-ar spaces must l)e left iu the room in which to place the suli)hur jjans, and every precaution taken against fire from the burn- ing sulphur. (/O Place the sulphur, either in j.owder or in small fragments, iu an oj-en pan, which sliould be placed upon a couple of bricks in a tub or pan partly filled with water. Moisten the suljihur with alcohol, to insure ignition. Several twisted pieces of paper embedded in the sulphur projecting above the surface and ignited at their ends will answer the same purpose. The quantity of sulphur to be used should be in tiie porpor- tion of about 3 lbs. for a room ten feet S(|uaro. (i) P^verythirig being ready, set lire to the sul- phur, and leave it so for twelve hours, watching the burning of the sulphur either through a window or by occasionally opening the door. (j) When the twelve hours are up, open all doors and windows, allowing theiu to remain oj)en for the space of twelve hours, if weather permits. It is further desirable, when prac- ticnJ?!?; IP ^yasli nH t^xposed ^nrfnces, sue]] ^9 367 Boards of Health. doors, l)oxes, &c., with a solution of corrosive sublimate, 1 to 2,000. (k) Xcxt place the bed-linen find clothing used by the patient in a tub containing corrosive snblimate solution, 1 to 1,000. Allow the clothes to soak in the solution for at least three hours, then wash in boiling water and hang in the open air. 2.--0ther rooms in the house which have be.Mi subject to infection should be treate'^ as the sick room, except, per- haps, as to soaking and washing. 3.— All articles used by the patient, such a.s cups, plates, knives, forks, spoons, &c., must be thoroughly dis- infected and cleansed. 4. — All other rooms in the house, which might possi- bly contain infection, may be fumigated without disturbing their contents. tl I^cuKth of IHfloroiit IVrlo 21 linw^o a few lioiirHJ •'•i.VH I to 7 dav.". I „ ^^ ''!!.^;^-.„ „ - 'I'^v., U days, lidiij^e / toil Ranj,'ea few i)oin'f» «>a.y«- I to 7 davs. ri<; dayis. •)0 duvp. Mottfiles German Meap ie.". Scarlatina or Scarlet Fevor l.JdavH. 2 day.. i 5 davs. I nday..^ Han^re Ho 1 < Uange u few lionrH; Rantce :5 to 7' " "lays. i to ;{ (lavs. I itanco ( to 21 Hanj ' I Typlioid or EntericF'ever Mumps 21 day.i. ; 7 day-. 21 days. Uange 1 to 28 Ilangc 7 to 12day,*. Ranw 14 to __clays. I 2:i. IH days, i Ran2e.'5'to2o days. 4 davf\ 7 day; •iij days. 21 days. 28 days. 21 days. In Scarlet Fever the common period of'Tncnbation is from 24 to 28 3(59 Boards of Health. DIPHTHERIA. L'iphtlir^ria may be met with fiiiywhere ; l)ut it is a matter of exporience that it exists, o.'oen in a most malig- nai form, in houses badly kept ; in those in which fresh air aiul sunshitio do not Iiave free )eess ; in those with dan.'i ceUars and defective drainnrre. J)ipl,theria also pre- vails in localities where the w.aer sup-ply i>: unwholesome. from 24 to 28 JGvcryoiic Vun Ilclp. The recent epidemic of diphtheria makes it desirable that some plain facts about tlie disease, and the way it spreads, should be generally known and understood. The only way of fighting it with success is to destroy its breed- ing-places and prevent personal infection. Here I may say that jiar.nts and guardians can use their influence and pre- liours— occasionally longer, lasting from thveo to five .lavs. In lai c in ■ ^.a..costlie iiiciilatury pcriotl is practically ab.-ont, the" sMiiptoi i3 fol- lowing quickly ii))on exposure to infection. Any susceptible person who has been expo.-ed to infection should, before h'eing pronoum-eil spfe trom Its probable consequences, he kept under surveillance ibr a week, and then only ho set at liberty after change of clothes and baths. It is an error to regard the infective process at an end before ihe cessation of ( esqimaiation and for some C(,nsiderable interval thereafter. The ten- dency to albuminuria ought always to be remembered and <'uanled against. The isolation of Scarlet Fever patients for a penud '•'^not 1 «y than eigiit week . is regarded as ab-olutelv necessary by some ..lomincnt physicians. . . i 370 Boards of Health. i j i ! vent the child mixing with the other membe^-3 of the house- hold and the public generally. This has been too much neglected; and time upon time have wo heard of parents allowing their children to attend school, public gather- ings, etc., when their brother and sister is home sick with, perhaps, sore throat. This should not be when such an epidemic is amongst ns. Upon the appearance of any ill- ness, especially soru throat, the grea';e.i; care should be exercised, isolation carried out to tlie letter. Then, again, parents endeavor to do so in some cases, but not co,rly enough, often;— for by the time this is done, others have contracted the disease. Then the remainder of the iiouse- hold are sent off to a friend's house and, later, we hear of some two or three cases there ; this house is then infected, and so on. 1 could name scores of such cases; — all be- cause the first child's illness was not attends I to earlier. It is a well-established fact that diphtheria is catching, that is to say, a patient sr.ffering from h can communicate disease to another person, either by contact with the eman- ations or discharges of the jjatiynt or by the inhalation of infected air, or by the drinking of lluids contaminated by their discharges. The infection can be carried ai)out fron^. one place lo another in articles of clothing, or of food (milk more espe- cially), vv by anything winch has been exposed to contagion in th'" sick room. iilli 371 Boards of Health. Cliiidveu uiulev the age of ten are the most likely to catch the disease, and it is aiaongst them that it is most dangerous. Grown up i)ersons arc liable to attack. No one can afford to neglect the preventative measures which science and experience have taught. Preventive Meat(ur«s. 1. — Everyone who is suffering from a cold or subject to sore tliroat, should takj particular care that all his sur- roundings are in a thoroughly sanitary condition. 2. — There should be perfect ventilation, and the utmost cleanliness in the rooms in which children sleep, as well as in the schools and colleges whicli they may he attending. •K — No case of sore throat, no matter how trivial it may appear, should be negL:;eted. The family doctor should see the patient at once and give an opinion as to the nature of the disease. 4. —The breatli of persons suffering from sore throat of any kind is likelv to be a source of danger if inhaled bv healthy persons. Tlie kissing of such patients is highly dangerous. u. — A child should never be allowed to come in con- tact, direct or indiiect, with a patient suffering from diph- theria. AccnmBihitioiis of FilUi. 6. — It behoves every householder to guard against all ftA/C.u}}>i)|f|tipu3 of 4irt} witJiJA 0}' w^v hib house ; against any Ol'l It- Boards of Health. possible contamination of Ins food or drink; against all foul smell, from whatever canse; and against impurity of air in the surroundings. No refuse must be allowed to lie in the yard or elsewhere. The refuse-barrel must be pro- perly covered so as to keep the contents dry, and must be regularly cleared out every second or third day. AH ani- mal and vegetable refuse should be burnt in the kitchen fire whenever j.racticable. In the country, the manure heap should be as far from the residence as possible. The cellars should be kept scrupulously clean and dry, and fre- nuently limeuashed. Siiilis and I>s*aB2is. 7.— The waste water ].ipe should be trapped close to the siid<. The sink should be well flushed with clean water at least once or twice a day. All gutters, gulleys and drains should l:e kept clean and clear, and well sluiced down daily witli water. The water-closet must have a plentiful supi)ly of water, and be kept scrupulously clean. It must be well flushed after each time of usino'. Vn\\ pipes are unnecessary anywhere, because they contaminate the soil. The dry earth elos'^t on the drawer prii.ciide should be used. This latter .-ystem is more healthy when the water-closet cannot be introduced. Where an earth closet is in use, the contents should be removed as often as i)0ssibl,', and the drawers thoroughly washed out with one of the disinfectants. OhTO o7o Jioards of Health. i^ is of the utmost consequence to avoid all foul smells as from closets, sinks, drains and the lilce. It should be remembered that closets, sinks and drains, if not proi)cr]y constructed and kept clean, will allow foul air to come up by the same channel by which water goes down. If, therefore, you are in doubt, or if the sinko or drains are m M^ant of watei- or allow any smell to come uj), go co the IJoard of Health or the Health Officer and a?k Itim to see it, and to advise you on the matter. The cliild is usually sulfering from a cold ; has had wet feet, or been subjected to exposure, etc. ; has no ap- petite ; feels generally ill; neck and throat tender; is cold and shivery; head aches; ear aches; tooth aches; often vomiting; pain in the back; drowsy; voice altered. Soon complains of sore throat. Now you may feel certain that tlie child has diphtheria— especially if there has been a possibility of personal infection or therr; is an epidemic of such. Immediately isolate the sick one and send for a doctor. The appearance of a creamy-looking membrane on the throat generally places the case beyond'doubt. Wlien such IS present, you have left the case too long without attend- ance, and, more ihan likely, othen: have contracted the disease. no Boards of Healtli should have distributed in every iiseco])ies of the instructions to householderfj and lu'ivate S.^S:^iLiiZ2S^SmM I 374 Standard Wthjhf. individals contained in tliis pamphlet, or others of a similar nature, and sliould see that the instructions are carried out. When any of the more virulent infectious diseases, such as small pox or cholera, prevails in a populous dis- trict, reception buildings sliould be established for persons not actually attacked with such disease, but who require to be kept under observation lest they should become fresh centres for spreading it. Such persons should there be provided with clean clothing, allowed to prosecute their daily avocations, and kept under observation fourteen days. Hemi'seed— Standard weight of bushel, 44 lbs. Hehkings. — Fresh herrings when bought or sold by the barrel, every such barrel must contain 82 gallons water or struck measure. Every barrel used as a measure must bo inspected and stamped by an Inspector of Weights and measures. Penalty not exceeding 820 or in default of pay- ment 14 days imprisonment. IIigiiMay!!i, Koudn, Sti-ectss, Public Wharf, Public Ilcacli or IJreakwater. Injuuiues to. — Any person who shall at any time ex- cavate, dig up, remove, or carry uM'ay any portion of any Ilushand and Wife. road, street, highway, public wharf, public beach, or break- water in St. John's, within the town or city limits, as de- fined by the Act 51 Vic, Cap. 5, without the consent of he Chairman of the Municipal Council and outside such limits m the several divisions of the district of St John's without the consent of the Chairman of the Board of Works ; and in the other districts, without the consent of the chairman of the respective road boards, shall forfeit and pay a fine not exceeding twenty dollars for each offence to be recovered in a summary manner before any Stipendiary Magistrate or Justice of the Peace, and by the distress and sale of the offender's goods and chattels, and in defau t of any sufficieut distress being found, such offender shall l)e imprisoned for any time not exceeding fourteen days. irl. Public Husband and WiFE.-The law on this subject still cc.itams many absurdities and anoi.ialies, ]>ut it has been much :mpr«ved. Formally a husband had complete con- trol over all his wife's property, when there were no trustees or marriage settlement; he could spend her money as he liked and will her estate to any other woman ; this has all been '•hanged. Formerly it M^as considered that as the husband was responsible for his wife's good behaviour, he could ad- minister personal correction, beat her to a moderate deoree and use force to compel her to return to him, &c. A late case' which excited considerable interest, Eegina vs. Jackson' decHled that a wife cannot be kept confined or be compelled uy force to return to her husband. Trevious to the year 1883 a man could abandon his wife and return occasion- ally to plunder all lier earnings gained in the interim The Married Women Protention Act now provides " That every I m 376 ITushand and Wife. woman ^yhosc inavriage took i)lace after 1883 is entitled to hold and dispose of all property of every description which belonged to her at marriage or which she after- wards acquired, ami iill her v/ages, &c., earned in any ijusiness caii'ied on separately from her lius- band. A wife deserted by her liusband may apply to a Judge of the Supreme Court and obtain an order to ])rotect any property she has acquired or may acquire. If the Judge is satisfied that the wife was deserted without reasonable cause, and that the wife is maintaining herself by her own industry, he may make an order that will pro- tect her as if she were a single woman Such order to l)e effective must be registered. (The subject rf the protec- tion of deserted wives aiul children will Ijc found p. 109.) The further extension of protection to the wife wliich is now in force in England under the " iMatrimonial Clauses Act, 1878" (-11 Vic, Cap. 19) has not yet been extended to this Colony. For poor women the provisions of this Act are far more valuable and made easier of aprlication than the Married Women's Protection Act. This new law pro- vides that " If a husband be convicted summarily or other- wise of an aggravated assault on his wife, the Court or Magistrate l)cfore whom he is convicted may if satisfied that the future safely of the wife is in peril, order that she shall no longer bo bound to cohabit with her husband, and such order shall have the force and effect in all respects of a decree of judicial separation, and such order may further provide, for payment by the husbr.nd of the wife's main- tenance and the custody of her children, &c. 'i'he liability of husband and wife in criminal cases 377 Husband nnd Wife. will be found ii the first part of Enquiries in Indictable Oft'ences. iniinal cases In certain criminal c ises if the wife is in company with the hu3band in the commission of the offence, she is considered to act under the coercion of her lord and master. This presumption is however reu. tted where it can be proved that she took a piincipal part in the commission of the oflence. In felonies and misdemeanours a wife cannot be convicted of any larceny, burglary, forgery or for utter- ing forged notes, if the offence were committed in the pre- sence of her husband and with his coercion and participa- tion. But in treason, murder, homicide, perjury and in misdemeanours generally the presence and coercion of her husband will not protect the wife. In summary convic- tions husband and wife inay be jointly convicted and pun- ished for every oftence, and if jointly prosecuted the wife alone may be convicted, li neitlierslie norlier husband pay the jjcnalty she must undergo the imprisonment awarded ; the penalty cannot be levied on her husband's goods except in license and other special cases. A wife may be prose- cuted alone under summary j'.u'isdiction for auy offence of which she alone has l)ceu guilty. As a general rule a wife camiot be guilty of larceny of lier husband's goods, but if she elopes witli another man ai.d he receives any of the husband's goods tie adulterer may be convicted of steal- ing. If the goods taken be the wife's wearing apparel the charge will not \-2 sustained. The absurdity of tlie law in presuming that a wife is always under the coercion of her husband, and its inconsistency, is well shewn by two ex- amples. If liusbaud and wife break their neighbor's nose or his windows they can bo tried summarily and be jointly 378 Idiots aad ImbecUen. or severally convicted. If, however, tiiey were to break into their neighbor's house in the uiglit and steal mo^rey this would be burglary and tlie wife would be excused under the plea of coercion. If, however, they niurdei'ed the inmates the wife could be convicted and executed. In all the foregoing exami-Ios the wife must be proved to be a lawful wife, otherwise she has no privilege or ex- emption. J I or complaint shall be made before a Justice that any person has com- mitted any of the foregoing oft'ences, and such Justice sluill refuse to commit or bail the person charged, then, in case the Trosecutor shall desire to prefer an Indictment, tlie Justice must take the Trosecutor's recognizance, and transmit it, with the information, deposition, &e., if any, to the Court where the Indictment ought to bo preferred. See 1, of the 30 ^z 31 Vic, Cap. 35, amends the foregoing, so as to pTwent it extending to tho case of joining counts in an Indictment, with the consent of the Court, for any of till above-mentioned offences, founded on the facts dis- closed in the deposition taken before Justices. 7. By t'le U .t 15 Vic, Cap. l'"0. Sec. 1 9, " Justices in Special or Fcftjj Sesi^ions, may commit to tlio next assizes (which would correspond to our Supreme Court on Circuit or in St. John's) any person who shall appear to them to have . , ::k^, 383 Indictable Offences committed wilful and corrupt perjury (e) iti any evidence given 01 proceediiif.', taken before ihem, unless they enter into a recognizance, &j." As Justices hero do not meet in Special or Petty Sessions, it is very doubtful whether this Section api)lie.s ; and in all casos of prosecutioris for per- jury, there s^viuld bo a regular preliminary investigation Ijefore Justices, a id a committal in the ordinary way of dealing with Indiciable offences. 8. 1 have thought it necessary, as this little work is principally intended fur Justices of the Peace who have not had much experience about law, to give these very simple exp-anation J about Indictments, but it will be ob- vious to any of my readers that before any of these pro- ceedings can be tak.jn, there must bo some one to try, and, like Mrs. Glasse's celebrated directions about cooking a hare, "first catch your hare," so as regards criminal pro- ceedings, you must first catch your prisoner, and it is the first and most import^uiL duty of the Magistrate, in all cases where a crime is committed, to secure the offender. [e] Perjury is tlie wilfully fals-e representation on oatIi,»f fionie fivct, material to the (jiiestion at isriiic, maJe before some authority legally competent io aJminister it, .lUil haviu^ jurii-dictiou in tlie nuit- tcr. Snboroation of perjury in iirocuritig anotiu'r to take such false oath. JJoth offences ere misdemeanors. [See Slone, 388, .']S0. Oke, ],. 84, Perjury.] Perjari/. — The offence must ho proved by two witnesses, or li}- one witness, and other cvideiijo m eontirmation. :is, fov instance, a written document. 384 Iiulsctablc Offences. fSJ ENQUIRIES BEFORE JUSTICES IX INDICTABLE OFFENCES. r' .-. ii ii l.—rreferrivf/ the Chunjc. ].— Prelim iiKiry oliMTVatinns; importance ami dilHcultv of Mai,'ist rate's diitv in respect of. 2. — Law regiilate.l by Jervis Act, &c. ;!.— Arrangement of Sections. 4.^Liniitation of time. 5. — Jurisdiction as to looaiity. (!.— The applications for pro- cess slion'd lie heard in private. 7.— The Offenders. 8.— Infants. 'J. — Lunatic*. 10.— Wife. 11- — Preaniljle to Jervis Act. 12. ---Power to issue Warrant or Summons. I.^. — Offences on the high sea- or abroad. !-( — Ju.sticc5 for adjoining Counties, sections' 5, C ^ 7 not aj)plicable. 15. — Information. IC— No objection allowed for defect in substance or form. 17.— Any person may lay the information. Jl^- — The Process io hsve (i• — \yarrant, when witness c'oe.s not appear on Sum- mons. ;M. — Warrant in first instnnce. .'!5— Refusing to be e.xamined. J I L— The Henri III/ and Fxami na- tion ()f Pn .-eeutors W'fncsses. .")(] — The Court — Phu'c of ex- amination. .17 — E.xamination of Witnes.«es for Prosecution. :!s— Witnesses unable to travel, .']0. — E.xamination for olVence in another juri.«diction. 385 Indictable Offences. )FrENCES. oil \v i t li 11 1 ciitini' Sea.cli P'ace of ex- V. — Statement oj uLcrused (ind ExamiiKilion of hh Witnesses. 40. — Heading over Depositions in presence of Accu^eil. '11. — Caution to Accused. 42. — Whnt Accused says to be taken down. 43. — Secsnd caution. 44. — Prosecutor not prevented giving evidence of admis- sions. 45.— Observations on 30 & 31 Vic, Cap. 35; applica- tion to Colony. 4G. — Witnesses of Acon^rd — cxaiiiination o'. 47. — E.xpenses of sucli Wit nesses. V J. --Binding over rvosecutor and Witnesses lnj Rccoy- nizances. 48. — Recognizance. 49. — Witnesses refusing to en- ter into Recognizance. ' '//. — Remand. 50.— General Rule-, for de- mand — verbal, 3 days; in writing, 8 days. 51.--Pri.»oner may be released on bail during demand. HI. - Return, wlien Recogni:'. an CO forfeited. 53. ---Form of Return. VI II. -Bail. 5-k -Bail in Felony and otlier misdenteanors. 55. "-Bail in other misdemean- ors. 50.-- Observations on bail ; not taken in murder, &c. 57.— Taking bail ; judicial dr'y 58.— General rule; object to se- cure Prisoner's presence at trial. 5!).— Circumstances to be con- sidered. CO.— Refusing bail ; criminal offence. 61. ---When Prisoner has right to bail, Justice not to dis- suade bail. G2.--T\vo Sureties, generally, G3.— Ability of bail; how de- termined ; questions. 64.- Amount of bail. 65.- -Prisoner may apply to Su- preme Court, when refus ed by Justice. 66. --Surrender of Accused by his bail. C7. ---Li berate to Gaoler, on Prisoner's admission to bail. TX.- Discharge or Committal of Prisoner for Trial. 68.— Prisoner when to be dis- charged. 69 -When Committed. 70.-- Conveying Prisoner to jail X.— Miscellaneous. 71.- -Copies of Depositions. 72.- -Forms in Schedule. 73.- -Stipendiary Magistrates 74,--Deposition of person dan gerously ill. 75. -"Prisoner's presence. 76. ---Monty found on Prisoner. 77. ---Removal of Prisoner with- out Habeas Corpus. 78. --Resume of the order of the various steps in an enquiry. Mil f| 'I i lii W:: 386 .? . ulictahle Offences. . I.— PREFERRING THE CHARGE. \. The duties of Justices of the Peace, with respect to Indictable offences, are the most important and difficult duties Magistrates have to perform ; and as all their pro- ceedings have to come before the Supreme Court, and are liable to be reviewed by the Judges, Law Officers of the Crown, and prisoner's Counsel; Justices, for their own credit sake, should endeavor to perform these duties ac- cording to Law. And it is because of their importance that I have gone into every particular, and endeavored to give pkin and clear directions about all that is necessary in ordii^ary cases. 2, The Law regulating proceedings before Justices, with respect to Indictable offences, is regulated principally by two Acts, 11 & 12 Vic, Cap. 42, known as Jervis's Act. and made part of the Law of this Colony, by Chapter 30, Consolidated Statutes, Sec. 4; and another Act, 30 and 31 Vic, Cap. 35, which is also undoubtedly part of our Crimi- nal Law, as it is in amendrnent, and a further enactment on the same subject ; it is therefore absolutely necessary that the Justices of the Peace in all such proceedings should follow strictly the directions contained in these Acts. I have, therefore, compiled, from I'.nglish works, an analysis of all parts of tlie Acts which have any refer- ence to tliis Colony. 3. For convenience, aiul to follow tlie order of this Act, this part of the Justice's work may be conveniently divided into the following lieads : — I. — Preferring the charge. 387 Indictable fences. II. — Thj Process to issuo f»,gainst offendeis. III. — Compelling the attendance of Witnesses. IV. — Tiie hearing and examination of Prosecutor's Witnesses. V. — Statement of accused, and examination of his witnesses. VI. — Binding over Prosecutor and Witnesses by Ec- cognizances. ^ai.— Eemand, VIII.— Bail. IX. — Discharge or Committal of Prisoner for trial. X. — MiscoUaneous provisions of the Act not falling under either of those heads. 4. There is only one Indictable offence applicable to this Colony, in which the time for prosecution is limited, viz. : the Riot Act. 1 Geo. 1st, 2 c. 5, s. 8. Prosecutions must be commenced within twelve calendar months. 5. As to the place where the offence was committed. The Justice's jurisdiction. (See Justices of the Peace.) 6. AprLICATIONS SHOULD BE HEARD PKIVATELY. — It is recommended that all applications for a Summons or Warrant against any person lor an oifenco or cause of complaint, should not be permitted ^^^■H u-.- 1 ^^^^^^K 588 Indictable Offences. to be made in oper. Court; and ''ore the appli- cation is for an indictable offence, ' ,. • iformation in writing and on oath should be required from the Prose- cutor and his witnesses. The reasons for this course are.that persons sometimes, from malicious or revengeful feelings, or for some private object, go before the Magistrates to make complaints, in order to have them published to the world, and without any intention of proceeding further with them. This plan is also strictly in accordance with law. 7. The Offendkrs.— The general rule is that all per- sons are responsible for their acts done in violation of the law ; but to this rule there are exceptions in favor of in- fants, insane persons, persons under coercion, as married women and others ; in some cases also the accused, al- though interested in the property in respect to which' the offence was committed, (as in the case of a man setting fire to his own house), is liable to be convicted. 8.— An infant under seven years of age is not crimi- nally responsible, tlie law considering the mental capacity of a child of sucli tender years to be too immature to en- able it to form a sufficient judgment of right and wrong; but above seven and under fourteen they are criminalty responsible for their acts, if it appear they had sufficient discretion, (a) 9. Lunatics.— In the case of a lunatic, the Law jtrc. sumes the offence to have baen committed in a lucid inter- («) For exceptions to this rule, '■ee R. v. PMlUn.s, 8 C. & P 1M- and R V. Jordan, 9 C. & P, 118, where an infant ,nav le fonnri .n.JU; of a felonious as.^ault. Un.jer the summary juri.Mliction in larccpv KPost) persons under ami above sixteen may be punished summarilv for simple larceny and other felonies. 389 Indictable Offences. val, unless it appears to have been committed in the time of his distemper; and where persons supposed to be luna- tics are charged before a Justice with an indictable offence the course to take is to secure their appearancn at the trul' in order that, if they are insane, they may be confined in the Asylum and taken care of. 10. Wife.— See ante Husband and Wife p. 375. 11. JervisAct, 11 & 12 Victoria, Cap. 42, "An Act to facilitate the performance of the duties of Justices of the Peace out of Sessions, within England and Wales, with re- spect to persons charged with indictable offences " The Preamble sets forth "that it would conduce much to the improvement of the administration of criminal justice if the several StatuLen relating to the duties of Justices of the Peace, with respect to indictable offences, were consolidated with such additions and alterations as may be deemed ne- cessary, and that such duties should be clearly defined by positive enactment." 12. Power to issue Warrant or Summons —It is provided in Section I., that,-In all cases where a ckarqe (a) or complaint (A) shall be made before a Justice that any person has committed or is suspected to have commit- ted any treason , felony, or in dictable misdemeanor, or other ISTI^^T'TJ'"'^^'; T'^ ""}. ''"'■ ^°^^' A<^ts, Puch as the Licence AcT 1875. Sec. 36, and aho Game Act, Cap. 116, Consol Stai C 19 murned women are liable, as un.narWed won.en or prind^^^^^^^ " ^^' (a) Charge.— The most approved courpe under this Aof h, nil The letters A, B, C, refer to the forms under fl.". jkct -■ ut when tlie offence is not committed in the iiresence of the party, this distinction exists between the powers of a Constable iind a private individual. A Constable may not only apprehend a person against whom a reasonable charge of felony is made by another person, although it mav afterwards turn out that no felony has, in Note. — Tlii." Section does not in words autliori/.c the execution ot ^ Warrant on Sunday, but it lia-s been hold tiiiit the 21) Car. 2, Cap. 7, Sec. (1, autliorizos tlic arrest, on Sunday, of all persons who have been guilty of' indictable ofl'ej.ces ; therel'ore, a person guilty of an indictable ottence, may be apprehendeil on Sunday, whether such oflence involves an actual or onlv a con.«tructive breach of the peace. [lidwUns v. Ullis, K! b. J. (N. S.)" JCxrh. V. 10 M. & W. 172. NoTi;. — The arrest of persons under Malicious Injuries' Acts, Local and Imperial, and under Local 'i'eleirraph Protection Act, and Imperial Coinaire Art, are referred to in Chapter on Summary Convictions. 399 Indictable Offences. fact, been committed, but he may apprehend person upon his own suspicion alone, of having committed a felony, though in the result it appear that no crime has been com- mitted, but he should act with becoming caution, and on a reasonable ground of suspicion; and if, after the appre- heni^'on, the Constable is guilty of any unnecessary delay in taking the party before a Justice, or is guilty of any excess or abuse of power, he will still be liable to an action. But with regard to the arrest by private persons, without a Warrant, although they are bound to capture, if posible a party committing a felony in their presence, [2 IlaivJc, c. 12, s. 1,] yet, if a man choose to apprehend another without a Warrant, upon sui^picion alone, of felony, he will do so at liis peril, for should no feloi.y in point of fact have been counnitted, an action will lie against him for false imprisonment. A suspicion alone is not enough to justify a private person in making an arrest, and where the party be not detected in the actual com- mission of the offence, and there is no fear of his abscond- ing before a Warrant can be obtained, the proper course is to get a Warrant, (u) 28. Seahch Waiiuant. — It not unfrequently occurs that without any direct proof of guilt uxistiug against a jiurty, lication to a Justice for a Search Warrant, which being granted, tlh' suspected premises are searched by a Constable, when, should the goods be discovered, they are [a] Saunders, \>\>. 159 -i 160. 400 Indictable Offences. taken po,s3e.ssion of, and the occupier of the premises whereon they arc found is liiniself ai)prehended, and brought before the Magistrate to answer the charge, either of liaving stolen, or received them, knowing them to have been stolen. 29. How TO OBTAIN A Skahcii Wakuant. — When, thci'efore, a party whose goods have been stolen, has reasonable grounds for suspecting that they are upon the premises of some particular person, he should go before a Justice having juriscliction in the District where the premises are situatuu, and make oath, by himself or his witnesse3,iof the facts on which ho founds his application; and upon satisfying the Justice either that the goods werj stolen, or that there is reason to suspect thev are stolen, and tint there is also reason to believe they arc upon the premises indicated, h(^ will grant his Warrant, not only to c-earch the premises, and seize the goods, but to apprehend the party in whose possessw^i they may he found, (ci) ('/). I here are case« where ii Search Warrant mav be issued, and tlie arlice.s found under it, and yet tlie partv in who-e po^f-es^ion thev are found be gtiilty of no offence. For instance a fbrn;ed instmnient mav he m the possession of a party who neitiier forjred ii tiot intends to utter a ; or goods may liavc been left in the house l)v the thief, without tlie <:nowledj,'eoftlieo\vneroftiic house, fn such ca^'- tlu'iv cmi be no lawful authority to apiireheni!, and tlierefore the Search Warrant ou'Wit nnt to diivct tlie CHii.-lable to appieiiend the ]>erMiii in whose possession the articles iMcntioned 111 the Wai. ant iiiav be foiiml. In every case therefore, win ■ a Search Warrant is applied for. the Justice sho"' 1 be satisfied that 11 i he articles are found in the po-.-ession of the person suspected to have them, there is rea'^onable caii-e to believe that lie has lieen guilty of some olience in connection with the stolen coods either as receiver or thief before he grnnt- o Search Warrant autliorizinc his apprehen^^ion, andinca-eof.loubt, it will be much wiser lu ieave out the authority to arrest. If the artichM l,e "-.ind, and the facts warrant It, an ordinary Warrant for the apprelu'nsion of the partv in wlio^e pos- session they were found may be after uards issued and "the case dealt v.ith in the ordinary cour e. [Greaves, j). 101.] 401 Tmliclfible Offences. the premises ■eliended, and charge, either them to have \NT. — When, I stolen, has are upon the Id go before a et where the imself or his 3 application ; le goods were y are stolen, arc upon the t, not only to to apprehend >e found, (a) be issued, and pO'f-es!^ion they iiK^tiiinicnt may intends to utteV iet', witlioiit tlie here cMi 1)6 no VViirt-ant ouoiht hose pos,*cssion In every case, iii^tieo sho"'d he of the jier^'on eve that lie has n PTOOihs, either authorizing his iser 10 ieave out le fact" warrant V in wlicse pon- tile ca^e dealt Under the Larceny Consolidation Acts, (24 & 25 Vic, Cap. 90, Sec. 103), it is enacted, " that if any credible witness shall prove upon oath, before a Justice of the Peace, a reasonable cause to suspect that any person has in his pos- session, or on his premises, any property whatsoever, on or with respect to which any offence, punishable either u])on indictment or upon summary conviction by that Act, shall have been committed, the Justice may grant a War-' rant to search for such property as in the case of stolen goods." 30. AIoDic OF Executing Search Warrant. — Great caution should be observed in executing this Warrant; the Constable to whom it is directed will be the party intrusted with it, but he should be accompani. to the premises by the owner of the property or some other p-.TSon who is enabled to point out and swear -to the goods in qiPestion. If the premises are closed, and the Constable is denied admission after demand, and disclosing his authority and the object of his visit, they may be forced open by him. Tn making the search, care must be observed that no othtr goods than tliose designated in ' the Warrant, or such as have been actually stolen, be seized. Should the goods sought for be found, the Constable will seize and keep them in his possession, and he will then also, by virtue of his Warrant, appreliend the person upon whose premises they liave been found, and take him before the Magistrate to answer the charge that shall then be prefen^ed against him. 31. IMPORTANCE OF OBTAINING SEARCH WARRANT. — In very many cases, particularly where a charge is likely to niuiild itself into one of receiving goods, knowing them to 402 Indictable fences. have been stolen, the obtaining of a Search Warrant, in the first instance, will be the most advisable course, since the prosecutor is thereby enabled, at the same time, both to seize the goods upon tlie premises b«fore they are made away with (and so obtain cogent evidence in support of his case), and apprehend the party suspected of guilt in the transaction ; whereas, if a Warrant to aiyprehend merely be obtained in the first instance, great, if cot insurmountable, difficulties may afterwards be experienced in getting at the property, and thus a case otherwise almost conclusive, may entirely fail for want of the necessary evidence for its support, (a) Forms of Search Warrant and Inlornintioat. FORM OF INFORMATION NkWFOT NDI,AN'I). District, | Be it remembered tliat on the d.iy of - -ToWit.^ i A.D. 189— , at , in the said [District] CD., of J in the said [District] labourer, a credible witness, comes before me, the^ undersigned, one of Her Majesty's Justices of tlie Peace in and for the Paid [District], and upon hi's [oath] now duly made by him before me the said Justice, informs me the said Justice tha* on the' day of , [or within days last past, as the case may he] divers goods and chattels of iiim the said G. D., to wit [tioo coats, twelve silver spoons, d-c , describe the articles stolen accuratehj], were feloniously stolen from [the dwelling house or as the]case may be] of the said C. D.,'situate at , in the said District, and that he, this informant, hath probable and reason- able cause to suspect, and doth verily suspect, that the i^aid goods and chattels are concealed in the Dwelling House of E. F., of , in the said- — District, Fisherman, and therefore the said C. D. prays that justice may be done in the premisefs. Exhibited and sworn before me, at the '» time and place aforesaid, / (Sd.) T. Wills, J. P. (a) Saunders, p. 1G9 to 171, 403 Indictahh Offences. FOUM OF SEARCH WARRANT. Newfoundland, "j District, |- ToWit. J ■ , To , the Constable at , and to all others, the Constables, for the said District (or Is- land.) Whekeas it appears to me, tlie undersigned, one of Her Majesty's Justices of the Peace in and for the said District, [or Island of Newfound- land and its Dependencies,] by the information, on oath, of C. D., of in the said District, a credible witness, that on the day of , divers goods and chattels, &c., [here copy the information.] These are, therefore, in the name of our said Lady the Queen, to authorize and require you, with necessary and proper assistants, to enter in tiie day time into the said [dwelling house] of the said E. F., at , in th [D/s'n't'c to attend upon heiii" revved wi'tli a 1 c"l% p'"222 ]^"''^"'""' """'' '''' ''■^''''■"'''' "'"^ '"^'''- "f^- '■• J">nC'h 405 Indictable Offences. ing seven clays, unless he shall in the meantime consent to be examined, and to answer concerning the premises. (6.) IV—Tlic Hearing and lExanii nation of Prosccntor's IViluesses. 36. The Court— Places of Examination— The room or building where the examinations are taken shall not be deemed an open Court for that purpose, and the Justices, in their discretion, may order that no such person shall have access to or remain in such place without their per- mission, if it appear to them that the ends of justice will be best answered by so doing. (Sec. 19 ) (c) 37. Examination of Witnesses for the Prosecu- tion, sec, 17. — In all cases where any person shall be (b) Any vvitne-a who is in Court without heing subpccned, is hound to he sworii and give evidence, hut as it appears do\iht.''ul whetlier lie could he committed under this Section, it will therefore he the most prudent course to perve rnich refractory witness with a Summons on the spot. Stone, p. 7,28 J. P. 783; hut see Consol. Stat., p. 153, when any person present in Court or heforc a Judicial Officer may he reijuired to testify in the same manner as if he were in attendance upon supa-na issued by such Court or Officer. (c) This s -tion only applies to the taking of depositions, &c., agamst a prisoner, upon which occasion the Justice may, if he deem it necessary to secure the ends of justice, exclude all strancers from the room. A Justice of the Peace acting under this statute, iloes not act as a Court of Justice to determine the guilt or innocence of a Defendant, hut as an officer deputed by the law to enter upon a preliminary inquiry whether the Defendant ought to he committed for trial or not'. Tlicre"- tore a prisoner when examined before a Magistrate on a charge of felony, is not entitled as of right to have a person skilled in the law present as an advocate. It is in the discretion of the Magistrates in eacli particular case whether they will admit or exclude an advocate for the accused Cox V. Coleridge, 2 D. &, R. 8() ; 1 B. .t C. :17. Rex v Borrow, 8 B. & A 432. Rex Y Staffordshire, ii., 1 Chit. 218. Collier y. Hicks, 2 B. & Ad. 663. Upon other occasions, when the Justice acts judicially, as in hearing a charge for an ofTence punishable upon summary conviction, he does 80 in public, and in opeii Court, to which every person has a right to resort. [See 11 & 12 Vic, c. 43, s. 12.] It is a very unusual thmg to exclude tlic prisoner's Counsel, and is not recommended. The legality of such a coiirsc is doubted a^ il . !' i' i t : I I . 406 Indictable Offences. brought before any Justice, charged with any indictable offence, whether he appear voluntarily upon Summons, (a) or shall have been apprehended with or without Warrant, or be in custody for the same or any other offence, such Justice, before committing the prisoner for trial, or admit- ting him to bail, shall, in the presence of the accused, (who shall be at liberty to put questions to an/ witness against him,) take the sta'.sment in the form prescribed in the Schedule to the Act (M), on oath or affirmation, of those who shall know the facts and circumstances of the case, and shall put the same into writing, and such depositions shall be read over to and signed respectively by the wit- nesses and by the Justice taking the same ; and such Justice shall, before any witness is examined, administer to him the usual oath or affirmation. (6) (a) A person attending before a Magistrate as a ■ itness, on a charge of felony, after a remand, is privileged from arrest on civil pro cess, EUNDO MOBANijo ET REDEL'NDO, tiiougli lie was under Recogni- zance or Summons to appear; eundo. &c., means going, staying, and returning witness in Jail. By IG & 17 Vic, c. 30, s. 9. a Judge of the Supreme Court, upon application, by affidavit, may issue a Warrant or Order for bringing up any prisoner confined in jail, &c., under any sentence or under commitment for trial, or othervvisf, (except under process in a civil action, suit, or proceeding), before any Court or Jus- tice, to be examined as a witness in any cause or matter, civil or criminal. (b) There is only one way, and only one safe way, of taking deposi- tions. There should be a charge made explaining to the prisoner what he is accused of. It is always best to have this charge in writing, and to read it for the caption. The witnesses should be sworn in his, the prisoner's presewce, and in ihe presence of the Magistrate, and every word of evidence tliey give should betaken down in the presence of the accused and the Magistrate, and the prisoner should be asked to cross-examine. No hurry of business, or anv other matter, should prt- vent the Magistrate or the Clerk of the Peace from always following this rule. The prisoner must hear the words come front the lips of the witness. He must be present when the words are written down, and must be offered the opportunity of cross examining. This rule, and all other directions contained in this Chapter, must be rigidly complied with i and a failure to comply with thee rules will prebablv render the 407 Indictable Offences, my indictable Summons, (a) hout Warrant, ' offence, such ii'ial, or admit- accused, (who itness against scribed in the ition, of those s of the Case, ;h depositions ly by the wit- le ; and such ed, administer a '. itness, on a rrest on civil pro 1 under Recogni- ing, staying, and 9. a JiKige of the sue a Warrant or , &c., under any if, (except under .ny Court or Jus- • matter, civil or of taking deposi- le prisoner what ;e in writing, and sworn in his, the strate, and every the presence of 3uld be asked to atter, should prt- always following •ni the lips of the ritten down, and rhie rult, and all rigidly complied )bablv render the 38. Witnesses Unable to Travel. — If, upon the trial of the person so accused, it shall be proved I v the oath or affirmation of any credible witness that any person whose deposition shall have been taken as aforesaid, is dead, or is so ill as not to be able to travel, (a) and if it alio be proved that such deposition was taken in the presence of the ac- cused, and that he or his Counsel or Attorney had a full opportunity of cross-examining the witness, then if such deposition purport to be signed by the Justice before whom the same purports to have been taken, it shall be lawful to read such deposition as evidence in such prosecution, without further proof thereof, unless it shall be proved that such deposition was not, in fact, signed by the Justice purport- ing to sign the same. (Sec. 17.) (6) ■ 39. Examination for Offence in Another Jurisdic- tion. — Whenever a person shall appear or shall be brought deposition inadmissible in evidence. And should the witness die, or cannot be found, when the trial proceeds, it may be fatal to the prosecu tion, and subject the Magistrate lo much blame. As soon as the accused is in custody, and the witnesses are forthcoming,, the deposi- tions should be taken as f^peedily as possible, for the convenience of all parties. " Delays are dangerous " (a) Deposition can be read as evidence if the witness can travel but cannot give evidence fiom paralysis, [i?. v. Coc/tfiurn, 26 L. J. 13] but not if the witness is absent and re*ident in a foreign country, [li. v. Austin, 25 L. J. 48.] It will be for the Judge to decide whether the proof of inability to travel is sufficient. [K. v. Stephenson, 31 L. J. 147.] The deposition mav be read before the Grand Jury as well as the Petty Jury. [See K. v. Clements, 20, L. J. 193, and R. v. Scaife, 15 J. P. 581, on tl e trial of the prieonci-. Stone, p. 8.] \_b] The deposition of a witness taken on one charge may be used in an indictment for .another, as in Reg. v. Beeston, 24 L. J. R., M. C. (N. S.) 5. where the prisoner was charged before a Magistrate with wounding x\, with intent, (fee, and A's deposition was taken. A after wards died of the wound, and the prisoner was indicted for his murder ; when it was held thai on the trial for the murder the deposition of A inigiit be read in evidence, as although it was not pn the same technical charge it was taken in the ^aM\e case, and the prisoner had had a full opportunity of cross examination. (,Glen, p. 32.) 408 Indictable Offences. before a Justice, charged with an offence allefred to have been committed by liim iu any District wherein sucli Jus- tice shall not have jurisdiction, he shall examine such wit- nesses, and receive such evidence in proof of such charge, as shall be produced before him, within his jurisdiction; and if in his opinion sucli evidence shall be sufficient proof of the charge he shall commit him to the common gaol for the place where the offence is alleged to have been com- mitted, or shall admit him to bail, and shall bind over the prosecutor (if he have appeared before him) and the wit- nesses by recognizances ; but if such testimony and evi- dence slrall not in the opinion of such Justice be sufficient to put the accused party upon his trial for the offence with which he is so cnarged, then such Justice shall bind over such witnesses as he shall have examined, by recognizance, to give evidence, and such Justice, by warrant, (H 1) order such accused party to be taken before some Justice in and for the District or place Mhcre and near unto the place where the oltence is alleged to have l)een committed, and at the same time deliver the information and com})laint, and also the depositions and recognizances so taken by him, to the Constable who shall have the execution of such last-mentioned warrant, to be by him delivered to the Justice before wliom lie sliall take tlfe accused in obedience to the said warrant, and which said depositions and recognizances shall be deemed to be taken in the case, and shall be treat- ed to all intents and purposes as if they had been taken by or before the said last-mentioned Justice, and shall, toge- ther with such depositions and recognizances, as such last- mentioned Justice shall take in the matter of such charge against the said accused party, be transmitted to the Clerk of the Court where the said accused party is to be tried, if 409 Indictable Offences. llefred to have •ein such Jus- nine such wit- if such charge, s jurisdiction; uirticient proof lumon gaol for ive been corn- bind over the ) and the wit- mony and evi- 30 be sufficient 10 offence with liall bind over ' recognizance, nt, (R 1) order Justice in and nto the place omniitted, and nd comjJaint, so taken by cution of such I to the Justice )edience to the recognizances shall be treat- been taken bv id shall, toge- s, as such last- if such charge i to the Clerk to be tried, if such accused party shall bo committed for trial upon the said charge, or shall be admitted to bail ; and in case such iccused party shall be taken before the Justice last afore- said by virtue of tlie said last-mentioned warrant, the Con- stable to whom the said warrant shall have been directed, and wlio shall have conveyed such accused party before such last-mentioned Justice, shall be entitled to be paid his costs and expenses of conveying the said accus: \ party be- fore the said Justice ; and upon the said Constable pro- ducing the said accused party before such Justice, and delivering him into the custody of such person as the said Justice shall direct or name in that behalf; and upon the said Constable delivering to the said Justice the warrant, information (if any), depositions, and recognizances afore- said, and proving by oath the handwriting of the Justice who shall have subscribed thj same, such Justice to whom the said accused party is so produced shall thereupon forth- with ascertain the sum which ought to be paid to such Constable or other person for conveying such accuse*^ '^arty and taking him before such Justice, as also his r >able costs and expenses of returning ; and thereupon such Jus- tice shall make an order (R 2) if such last-mentioned Justice shall not think the evidence against such accused party sufficient to put him upon his trial, and shall discharge him without holding him to bail, every such recognizance so taken by the ^aid first-mentioned Justice, as aforesaid, shall be null and void. Y."!^tntO!itciit of the AceuHCd hihI l<:xamiiiation of His Witnesses, 40. Reading over _ iepositions. — After the examina- tion of all the witnesses for the prosecution, the Justice or one of the Justices before whom ihe examination has been f- j 1 j 410 Indictable Offences. completed, shall, without requiring tbo attendance of the witnesses, read cr causo to be read to the accused, the de- positions taken against hira, and say to him these words, or words to the like effect : 41. Caution to Accused. — " Having heard the evi- dence, do you wish to say anything in answer to the charge ? You are not obliged to say anything unlets you desire to do so, but whatever you say will be taken down in writing, and may be given in evidence against you on your trial." 42. And whatever the prisoner shall say in answer thereto, shall be taken down in writing, and read over to him, and be signed by the Justice and kept with the deposi- tions of the witnesses, and transmitted with them, as after- mentioned ; and on the trial such deposition may be given .1 evidence against the accused unless it appear that thp Justice [a] did not, in fact, sign the same. 43. The Second Caution.— Provided always, that the Justice, before the accused shall make anj statement, shall state to him and give him clearly to understand that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to induce him to make any admiaoion or confession of guilt, but whatever he shall then say may be given in evidence PI [a] The Magistrate should always sign hie name to the deposition, immediately after the witness has signed it and been sworn. Ml i! |i .,»•#"< ance of the sed, the de- se words, or rd the oyi- the charge ? »u desire to I in writing, your trial." in answer ad over to the deposi- m, as after- ay be given sar that thf^ 411 Indictable Offences. against him upon his trial, notwithstanding such promise or threat. [6]. 44, Phc'^ed, nevertheless, thi>t nothing herein con- tai' jd shall prevent tho prosecuto", in any case, from giving in evidence any admission oi confession, or other statement of the person accused or charged, made at any time, which by law would be admissible as evidence against such person. 45. Observations.— The Act of 30 & 31 Vic, Cap. 35, was passed to r jmedy defects and difficulties in the admin- istration of justice, especially with respect to witnesses for the accused, and the perpetuation of the testimony of per- sons dangerously ill. It contains a few other amendments of the law. As it is applicable to the Colo;iy [c] I have given an analysis of it. i i^s, that the iment, shall that he has nd nothing holden out on of guilt, in evidence le deposition. [b] The statement of a prisoner may be read if the caution were given, and there be no evidence that any threat or promise has been held out, to induce a confession, although the Justice did not give him to understand that he had nothing to hope or fear ; the words in the proviso are directory, and not a condition precedent to the admissibility of the prisoner's statement, [li. v. Sansorne, 19 L. J. 143.] Justices are, however, recommended by the Chief Justice, in all cases, to address the accused in the words of the proviso, besides giving the printed caution in the imaginary case, Chapter 9, to nullify the effect of any promise or threat of which the Justice of the Peace may nc- be aware. Prisoner's Witnesses. — After the directions contained in this Section have been complied with, the Justices must proceed as to wit- nesses for the accused m the mode directed by 3rd, 4th and 6th Sections of 30 ix, 31 Vict., Cap. 35, Post. A case of Rape occurred lately, in which ii was clearly shewn that if the Magistrate had examined the prisoner's witnesses he would never have been committed for trial, the evidence for the defence having established the most conclusive evidence of the prisoner's innocence. [c] This Act, having direct reference to the operation and execution of 11 &: 12 Vic, Cap. 42, is made to apply to this Colony, under laUer part sec. 4, p. 226, Confol Stat, 1. i !"'' 1 IS; i' 412 Indictable Offences. Analysis of Act. 46. Witnesses of Accused Persons. — In all cases where a y person shall appear or be brought before any Justice charged with any indictable offence, whether com- mitted within this realm or upon the high seas, or upon land beyond the sea, and whether such person appear voluntarily upon summons, or has been apprehended with or without warrant, or bo in custody for the same or any other offence, such Justice, before he shall commit such accused person for trial or admit him to bail, shall im- mediately after obeying the directions of the 18th section of 11 & 12 Vic, Cap. 42, demand and require of the accused person whether he (a) desires to call any witness ; and if the accused person shall, in answer to such demand, call or desire to call any witness or witnesses, such Ju.^tice shall, in the presence of such accused person, take the statement on oath or affirmation, both examination and cross-examination, of those who shall be so called as witnesses by such accused person, and who shall know anything relating to the facts and circumstances of the case or anything tending to prove the innocence of sucli accused person, and shall put the same into writing ; and such deposition of such witnesses shall be read ov^r to and sign- ed respectively by the witnesses who shall have been so examined, and shall be signed also by the Justice taking the same, and transmitted in due course of law with the depositions ; and such witnesses, not being witnesses merely to the character of the accused, as shall in the opinion of the Justice give evidence in any way material to the [a] If the Jnetice aeglects to make tliis enquiry, tlie comuiitinent iiiiglit possibly be quaslicu on Certiorari. 413 Indictable Offences. ! comuiitinent case or tending to prove the innocence of the accused per- son, shall 1)0 bound by recognizance to a]ipear and give evidence at the said trial; and afterwards, upon the trial of such accused person, all tlie laws now in force relating to the depositions of witnesses for the prosecution shall ex- tend and be applicable to the depositions of witnesses hereby directed to be taken [30 & 31 Vic, Cap. 35, Sec. 3] ; and all the provisions of 11 & 12 Vic, Cap. 42, rekting to tiie summoning and enforcing the attendance and commit- tal of witnesses, and binding them by recognizance and committal in default, and for giving the accused person copies of the examinations, and giving jurisdiction to cer- tain persons to act alone, shall be read and shall liavo ()])eratiou as pait of this Act. [/(/. s. 4.] 47. Expenses of such Witnkssks.— The Court before which any accused person shall be prosecuted or tried, or for trial, before which he may be committed or bailed, to appear for any felony or misdemeanor, is hereby authorized and empowered, in its discretion, at the request of any per- son who shall appear before such Couri on recognizance to give evidence on behalf of the person accused, to order payment, unto such witness so appearing, of such sum of money as to the Court shall seem reasonable and sufHcient to cou.'pensate such witness for the expenses, trouble, and loss of time he shall have incurred or sustained in attend- ing before the examining Magistrate, and at or before such Court ; and the amount of such expenses of attending be- inrc the examining Magistrate and compensation for trouble and loss of time therein, shall be ascertained by the certificate of such Magistrate, granted before tiie attendance in Court: and the amount of all other expenses and com- jiensation shall be arcertained by the proper ollicer of the Court, t\\o shall, upon the receipt of the sum uf twelve il . I, ,il. lii 414 Indictable Offences. cents («), for each witness, make ont and deliver to the person entitled thereto jin order for such expenses and compensation, together with tlie said fee of twelve cents. Such witiiosses' ex])enses shall be jiaid as i)art of the ex- pense of the prosecution. YI.— BiiifliiiK Over ProHCCuior aii«l ^Vitiiesses by Kccognixances. 48. liKCooNiz.VNCKS. — Tha Justice before whom any witness has been examined, may bind,by (0 1) Eecognizance, {h) the prosecutor, and every such witness, to appear at the next Court, at whicli the accused is to be tried, to prosecute, oi- to prosecute and give evidence, or to give evidence, as the case may be, against the accused; and such recogni- zance shall particularly specify the profession or trade of the person entering into the same, with his Christian and Surname, and the settlement or place of his residence, and if his residence be in a town, tlie name of the street, (c) and the number, if any, of the house in whicii he resides, and whether he is owner, tenant, or lodger ; and the recog- nizance, tluly acknowledged, shall be subscribed by the Jus- tice, and a (O 2) notice thereof signed by him given to the persun bound thereby, (d) The several recognizances so (a) Tliis fee is not to be taken where the ofiic«r in paid by salary, and in certain otlicr oa-es. [See 32 & 3;) Vic, o. 89 s. 10.] ib) liecrxjnizance is an aeknowledicinent, an obligation of record which a man enters into iitlore .«onie Court of Record or Magi,«trate, ilnly authorized, with condition to do some jtarticular act, fi^uch as to keep tiie peace, give evidence, &c. 'j'his is witnessed only by the record of tiic Co\irt, or liie sigiuUnre of th? Magistrate, and is not like a Bond signed and scaled by tlie party boniid. (f) Many of these minuie particulars of description can only be complied with in some few places, like St. John's and Harbor Grace, So long as the name, occupation, and residence, are given, so as to identify the i)arty, it will be sutlicient. When the Recognizances are comi>leted, each party [lound should be handed tiie notice of the Recognizaiu'c. ((0 Tlie i)apers should be forwarded, as directei, to the Chief Clerk and Registrar Supreme Court, St. John's. See note in Chapter on Practice. ^ x^ ^%* Liiesses by nizances so 415 Indietahle Offences. taken, with the written information, if any, the depositions, the statement of the accugod, and the recognizances of bail, if any, shall be delivered to the proper officer of the Court in which the trial is to be had, before or at the opening of the Court, on the first day of the sitting thereof, or at sucli other time as the Judge shall appoint. 49. Witness Refusing to Enteu into IvEcoonizance.— If any witness refuse to enter into a recognizance, sucli Justice may, by his Warrant, (P 1) commit him to the jfil for the District in which the accused is to be tried, until the trial, unless tlic witness shall in the meantime enter into a recognizance, before some Justice of the Peace in the District where the jail is situated ; and if the accused shall afterwards be discharged by the Justice, from want of evidence, or other cause, such Justice or any other Justice may, by his order, direct the witness (P 2) to be discharged from custody, (a) (a) There seenia to be no power to renuiie witiiesse.^, whether minors or married women, to lind .«uretiea for tlieir appearance. [Sto7ie, p. 9.] It will be advipable to get tiie iiupband or father as surety, if you can. Where f-uch a power as this is given to a Magistrate, there will be very little occasion for its use. The Constable wiio has charge of the case should see that the witnesses are forthcoming in the proper time; and if they leave the District vt .settlement, should notify the Attorney General of their whereabouts in time. Hemand.—,] uBtlce:* are recommended, where ti.ere is a strong prima jacie case against a i)risoner, to use this power of remand when there is a probability of their obtaining more evidence, and where they feel the ends of justice will be serve 1 by their doing so. Tiie accu.-ed need not have been apprchendfd under process to warnint a remand, and slight evidence against him upon the charge is suiKcient for that purpose; fur it is generally impossible, except in the mo.-t simp'e case, to have ready all the evidence, or to preFent a prima Jacie sufficient to justify a committal o:i first hearing, &c. [OA;c, p. 880, notcj Whilst an enquiry is pending before a Justice, cr a prisoner is in faol under remand, aJmlge of the Supreme Court cannot interfere with that discretion, by ordering the accused to be admitted to 1 ail, like he luay do after cominittal in any case. As a general ru!e, it may Le s^iil 416 Indictable Offences. VII."Bemaiid. 50; Genekal JIules for Eemand.— If deemed advisa- ble, from the absence of witnesses or other reasonable cause, the Justice may, by warrant, remand the accused from time to time, for a period not er-cieding eight clear days (6) to the nearest jail ; but if t' ? remand be for a time not exceeding three clear days, the Justice may ver- bally order the Constable, in whose custody the accused may be, or any other Constable named by the Justice, to continue to keep such party in custody until the time ap- pointed for continuing the examination, when any Justice may order the accused to be brought before him, or any other Justice, before the expiration of such period. 51. Instead of detaining the accused in custody during the period to which he is remanded, any one Justice before whom he shall be brought, may discharge him, upon his entering into a recognizance, (0 2) and (0 3) with or with- out sureties, conditioned for his appearance, at the time tliat. in practice, h is not iifual, on cleMiand, to admit to bail, (especial] v where the precipe nature or extent of the cliarge in nndevelope.l, unless property involved is very .small), in those cases in which an acc...«ed is not entitled to be hailed after committal ; in other cases, it is. [Oke v rial, note.] u > p- The reason for this caution is obvioua; the .accused, if at liberty may keep witne.'Pes out of llie way, secrete the st.Jen ])ronertv, and in many ways defeat the ends ofju^ticn, and preve.U the true facts bein- iTonght out m the cu^e. .Fustices will, of course, make these reman.ls us short us consistent with the nature of the cae, an 1 the diliicnltv of hriD'^mg the evidence forward. 00 The limitation of eio-ht days does not applv to adjournments in summary proceedmjrs under 11 &. 12 Vic, c. 4:i. s. K;. The course adop ed m the Metropolitan Poli.'c Courts is to remand at the latest till the da V icdlowin^' the coriesponrlinjr dav in the ensiiin;r wee!- . [3(5 J P l;i] but the iiMial meaning; of these words "clear days" would be eight interveninjr d.a\s between the day of remand and of "hearin ' We do not know on what principle a dillerent rule of interpretation is acted upon in London.— (S^owe. 417 Indictable Offences. and place appointed for the continuance of the examina- tion, (a) 52. And if the accused party do not appear upon the recognizance, the Justice may make return of the recogni- zance, and of the forfeiture thereof, under his hand and seal, in the following form : — 53. Form. — I, Thomas Wills, of I.^lainl Cove, in the ITo"thern District, one of Her Majesty's Justices of the Peace for the said District of Newfound' land, do liereby certify and return unto the Honourable tl e Supreme Court, tliat the Recognizance hereto annexed, marked by me, was on or about the day of June, in the year 18!)5, taken before n.s-, and that the same has become forfeited by breach of the condition thereof, by Job Stiggins, therein named. Given under my Hand and Seal, at Island Cove, this day of , A.D. 1895. Thomas Wills. [Seal.] VIII.--3tai!. 54. Ba'l in Felony and Certain Misdemeanors. — Where any person shall appear or be brought before a Jus- tice charged with any felony (except treason), assualt with intent to commit any felony, attempt to commit any felony, (a) Consol. Stat. p. 170. — This is the rule to follow when the con >n of the Recognizance is nut to appear in the Supreme Court. v> nen the condition is to appear in the Supreme Court, the course is regulated by Sec. 1, Consol, Stat., p. 1(59. 1. Whenever any recognizance returned into or given to the Supreme Court shall I ecoine forfeited by breach of the condition there- of, the Court may, by a lule visi, to be made upon sufhcitnt affidavits, shelving the excution and forfeiture of such recognizance, and to be served upon such of the j artie- ex'cuting the fame as shall be within the jurisdiction of the Court, require such parties to shew cause why the ^ aid recognizance should not 1 e declared to le forfeited, and the amount of the penalty thereof paid by them ; and thereupon, after hear- ing the parties to mch rule, or such of them as may appear upon the i-ame, or in default of appearance, make an order pronouncing such re- 418 Indictable Offences. obtaining or attempting to obtain property by false pre- tencfts, misdemeanor in receiving property stolen or ob- tained by false pretences, perjury, or subornation of perjury, concealing the birth of a child by secret burying or other- wise, wilful or indecent exposure of the person, riot, assault in pursuance of a conspiracy to raise wages, assault upon a peace officer in the execution of his duty, or upon any person acting in his aid, neglect or breach of duty as a peace officer, such Justice may, in his discretion, [a] admit such person to bail, upon his procuring such surety or sureties as, in the opinion of the Justice, will be sufficient to insure the appearance of the accused at the time and place of trial, and take the recognizance of the accused and his surety or sureties, conditioned for his appearance at the trial ; and where a person charged with any indictable of- fence shall be committed for trial, the Justice who signed the warrant of commitment may, at any time afterwards, and before the first day of the sitting or session at which he is to be tried, or before the day to which the same may be adjourned, admit such accused person to bail in manner aforesaid; or if the committing Justice or Justices shall be of opinion that, for any of the offences aforesaid, the ac- cognizancelbrfoitcd.and directing the payment into Court of the penalty tlierf.of by the parties liable, or dischargiii;,' such rule /im, as iiiav be lawful in that behalf: Provided that the Court, upon MifHcieiit special cause, may, it they shall .-ee fit so to do, lessen or altogether remit the amount of such penalty. [If the return, Form 5,'}, be made by any other than the Justice be forfi whom the recognizance was entered" into, or the breach of condition occured, or was shewn, let the words " all which is satii-factorily proven to me," le added after the wor.] " named."] [a] Although it is discreiionary with the Ju.-tice whethtr be will accept bail or not, it has been held by Lush, J., and Brett, J., that .•\ Judge has no iMscretion in ihe case of a misdemeanor, as, for instance, obtaining goods by fal.'^e pretences, but is bouiiri to admit to bail. [See 34 J P. 701.] 419 Indictable Offences. cused person ought to be admitted to bail, he or they shall in such cases, and in all other cases of misdemeanors, cer- tify, on the back of the warrant of commitment, his or their consent to such accused person being bailed, stating the amount of bail which ought to be required; and any Justice attending or being at the gaol or prison [a] where the accused shall be in custody, on production of such cer- tificate may admit him to bail [6] in manner aforesaid; or if it shall be inconvenient for the sureties to attend at the prison to join in the recognizance with the accused, then the committing Justice may make a duplicate of the cer- tificate, and on the same being produced to any Justice for same District or place, the last-mentioned Justice may take rer-ognizance of the sureties ; and on such recognizance be- ing transmitted to the keeper of tlie prison, and produced, together with the certificate of the commitment, to any Justice attending at such gaol or prison, such last-men- tioned Justice may take the recognizance of the accused, and order him to be discharged as to that commitment. [Id. s. 23,] 55. Bail in other Misdemfanoks. Where any person shall be charged before any Justice with any indictable misdemeanor other than those before mentioned, such Jus- tice, after taking the examinations in writings, shall admit iiim to bail instead of committing him to prison, or if he [«] The gaoler will not, it seem.", bo justified in taking the prisoner t'roni tlie gaol to the Magistrate. [14 J.P. Ivi-.j [6] A single Justic?, being the committing Justice, may admit to bail in all felonies ; and if .such committing Justice certify on the back of the commitment that such persou ought to be adn)itted to bail, and the amount of bail, any Justice attending or being at the prii-on may iulmit guch person to bail. If the application for bail be made to a Judge at Chambers, a copy of the depositions should be brought before tlie Court in the first instance. {Ex parte SuMiffe, 19 J.P. 375.] r t i I I I V I i 1 . ^i^ ; 420 Ind'ietahle Offences. shall have been committed to prison, and shall a])|)ly to any one of the visiting Justices of the prison, or to any other Justice of the same District, bafore the first day of the sitting or sessions at which he is to be tried, or before the day to wliich the same may bo adjourned, such Justice shall accordingly admit him to bail. And in all cases where such accused person, in custody, shall be admitted to bail (a) by a Justice other tlan the committing Justice, the Justice so admitting to bail shall forthwith transmit the recognizance to tlie committing Justice or Justices, or one of them, to be by him or tliem transmitted to the proper officer. [7(7. s. 23.] 50. Baii — OnsEUVxVTiONS on.— The 23rd Section of this Act enumerates the different offences in which the Magistrate may, in his dhcvetion, take bail ; in all other cases, if sufficient bail is offered, he is bound to take bail. Bail is not to be taken in treason, and bail is never taken by a Magistrate in cascs of murder or manslaughter. In the Appendix of Torms of Indictable Offences, I have given a list of the most common offences, and in each case it is shewn wlien bail is discretionary or compulsory. 57. It has been laid down by an eminent authority, that the power of a Magistrate to accept or refuse bail, even in cases where the accused has a right to be bailed, is a judicial duty ; and an action will not lie against him for refusing to take bail, in such cases, without proof of cx- jn-ess malice, even tliougli the sureties tendered are found [d] FroTii Liiiford v. Fitzvoy, IS L..T. 108, it a])i)ear.-< (hat a Magis- trate is not liable to any action fur refusing to (ake bail without proof of xp lef^F malice. 421 Indictable Offences. 18 L.J. (N.S.) M.C. 108 ; 13 Q.B. 240 ; Oke, p. 916. 58 In com.flg to a decisiou whether an accused should or should not be admitted to bail, the Justice should re- member that the only purpose of a committal to prison before tnal isto << ensure the appearance of the accused person at the time and place when and where he is to he tried:' The point, therefore, that the Magistrate should carefully consider, especially where bail is discretionary IS there sufficient security for the prisoner's appearance at his trial ; and if the Justice feels satisfied that by admitting the accused to bail.liis appearance to take his triaWill not be imperilled, his duty is obvious. 59 Upon such a question, many circumstances have to be taken into consideration by the Magistrate, and the probability of the prisoner's surrendering to take his trial will be more or loss influenced by his position in life, his wealth. &c the magnitude or specially disgraceful charac^ er of the charge against him, its effect upon him in society- he nature of the evidence, whether it is very .^,w^, so as to make his conviction almost a certainty, contradictory or douUful, so as to give him a chance of acquittal, or ^oeak, so as to make his ucquittal almost a certainty. Another important element to consider is the probable severity of the punishment ; and I may also mention another con- sideration, and a very important one in this country The accused's opportunities of escaping, and the ties that bind him to the country, his wife and children, parents, &c • all these matters will affect the Justice's judgment in tak^ ing bail. He must remember, however, that whilst thP ^■J '1 ! s 1 i fe; f.- . i 6> h ( i^ 422 IndictJjle Offences. probability of a conviction increases, the doubt of the prisoner's surrender, his actual or admitted guilt, is not, of itself, a conclusive reason against admitting him to bail. 60. To refuse bail iu a case m which the Defendant is entitled to it, is in the eye of the law a serious derelic- tion of duty, and may subject the Justice to a criminal information. [Rex v. Badger, 4 Q.B., 468 ; Reg. v. Saun- ders, 2 Cox, c.c. 249.] 61. When bail is offered in a case in which the Defendant has a right to be bailed, the Justice should be careful not to say anything by way of dissuasion, a Magis- trate not being justified in interfering to prevent a man from assisting his neighbor ; neither in such a case should the Magistrate allow himself to be influenced in rejecting persons offered as bail, on any views of a political nature. The chief consideration will be the substantial character of the bail, and their ability to perform the conditions of their tecogni^^ance. [Reg. v. Saunders, ^'wp^« ] 62. It is usual to have two sureties, though if one will secure the appearance of the accused, one may be taken, (a) They should be householders, though there is no impera- tive rule upon the subject; however, as such sureties only should be received as may be made answerable in case of default, it is obvious that a person who is not a house- holder, having a settled habitation wherein a living may be made, can answer the purpose intended by admitting to bail. [Saiinder.% p. 226.] (a) On remand, tlie accused's own recognizance, (if the Justice con- Bents to bail being taken,) is sufficient. [S. 21, 11 & 12 Vic, c. 42. O.ilv, 880.881.] 423 Indictable Offences. 63. For the purpose of determining the ability of the person or persons tendered as bail, whose names the Jus- tice may require to be given to the prosecutor some time previously, say twenty-four or forty-eight hours, the Justice may administer to them an oath, in this form :— " To all such questions as may be demanded of you, you shall true answer make ; so help you God." The Justice may then ask them of their means, pioperty, and liabilities, &c. 64. As regards the amount of bail, this will depend upon the magnitude of the offence, and the position and, wealth of the parties, and will, in every case, be a fit sub-, ject for the exercise of a wise discretion, No precise rule can be laid down ; care, however, should be observed, that whilst the amount is not unnecessarily heavy, it is never- theless sufficiently large to make its forfeiture a matter of serious inconvenience to the parties. The recognizance of the accused himself is usually double that of each of his sureties. 65. Should the -Tustico decline to take bail, the prisoner may apply to the Supreme Court, or to one of the Judges of that Court, for permission to be admitted to bail. 66. At any time during which the responsibility of the bail continues, they may surrender the Defendant to custody, and so release themselves of their liability ; to do this, they should either apprehend him, and take him be- fore a Justice, who thereupon will commit him or require him to give fresh bail, or the bail may make a complaint, on oath, before a Justice, of their belief that the Defendant will abscond, and thereupon a warrant will be granted for % fil ^1 r ;J; p'i ( ' 1% 424 Indictc'hle fences. his apprehension, and this would seem to be the better course of the two, as it precludes a chance of a breach of the peace. 67. Liberate to Keeper.— Whore a Justice shall ad- mit to bail any person after commitment, such Justice shall send to the keeper of the prison a warrant (S. 5) of deliverance under his hand and .jeal requiring him to dis- charge the person admitted to bail, if he be detained for no other offence, [h^. s. 24.] IX."Di8cliHrgc or Conimittal ot Prisoner for Tr'al. 68. Discharge. — If. after hearing all the evidence against the accused, the Justice then present shall be of opinion that it is not sufficient to put such accused party upon his trial, he shall order him to be forthwith discharged. 69. Committal. — But if the evidence is, in the opinion of the Justice, sufficien*^, or if it raise a strong or probabh presumption of the guilt of the accused, such Justice shall, by warrant, (T 1) commit him to the gaol for trial, or ad- mit him to bail. [Id. s. 25.J 70. Conveying Prisoners to Gaol. — The Constable, or any of the Constables to whom the '>ynrrant of Com- raitpaent is directed, shall convey the accused to prison, and deliver him, together with the warrant, to the Keeper, who shall give a receipt for such prisoner, setting forth the state and condition in which he was delivered ; and in all cases where such Constable shall be entitled to his expenses for conveying such person to prison, the committing Jus- tice, or any Justice for the District wherein the offence is alleged in th>; warmnt to have been committed, shall ascer-. 425 Indictahk Offences. tain the sum which ought to be paid to the Constable for conveying the accused to prioon, and rIso his expenses in returning, und make an order for payment thereof. But if it appear to tnj committinp T-'stice that the prisoner has money sufficiout Lo pay the expenses of conveying him to prison, he may order sufi^ money, or a sufticieut part there- of, to be applied for the ^.irpose. [Id. s. 26.] X.--Mi«ie«;llaneoiiN. 71. CoriES OF Lepositions. — At any timeaft^r the ex- aminations are completed, and before ... ^ first day of the sitting of the Court at which any person so committed, or admitted to bail, is to be tried, suou person shall be enti- tled to have, from the officer having the custody of the same, (a) copies of the depositions on which he shall have bee. . committed or bailed, on payment of a sum not ex- ceeding lid. British sterling, for eacii folio 90 wovds. (Sec. 27.) " 72. Fob Schedule to "'' deemed valid. T SCHEDULE. — The ocveral forms in the or forms to the like effect, shall be voec. 28.) 73, Stipent^tary Magisthates, &c. — Every dpcndiary Magistrate shall have pov/er to do, alone, whai.^ver is authorized by this Act to be done by any one or more Jus- tices. Powers of the same character are given to Stipen- diary Magistrates, under the 6th Section, Cap, 13, Consol. Stat., quoted ante, Cap. 2, page 8, Manual, (a) This eectic. does not apply to depositions on wb';h the I rlsoner has heea remaudad [Ex parte Fletcher, 13 L. .1.67], but only J persons bailed or committed for some offence for which they are to be tried, and with the view of enabling them lo prepare ."or trial ; and not to a person conimiiteii for defanU of sitretie-, and wiio has been dis- charged at tliP cessions. \_Ex parte Iluh'phreys, 1') L. J. i8i).j :*&• 426 Indictable Offences. ift.^; 74. The remaining Sections of this ict refer to Ler, wick-upon-Tweed, and the nou-extansion of the Act to Scotland, Ireland, &c., and to the repeal of Statutes. 75. Deposition of Person Dangerously III.— When- ev3r it shall be made to appear to the satisfaction of any Justice that any person dangerously ill, and in the opinion of some registered medical practition^ "a] rot likely to recover from such illness, is able an willing to giv^^ material information relating to any indictable offence, ur relat'ng to any person accused of any such offtince, and it shall not be practicable for any Justice to take an examin. ation or deposition in accordance with the provisions of 11 & 12 Vic. c. 42, s. 17, of the person so behig ill, it shall be lawfu^ for the said Justice to take in writing the state- ment on oath or affirmation of such person so being ill. an4 such Justice shall thereupon p'ibscribe the same, and shall add thereto by way of caption a statement of his reason for taking the same, and of the day and place when ami where the same was taken, and of the names of the per, sons (if any) piesent at the taking iherccf, and, if the same shall rektte to any indictable offence for which any accused person is already committed or bailed to appear for trial, shall transmit the same with the said ad.:: .ion to the pro- per officer 01 the Court for trial at which such accused person shall have been so committed or bailed ; and in all other cases he shall t-ansmit the same to the Clerk of the Peace of the District in which he shall have taken the same, who is hereby required to presei ve th-- same, an'l file it of record ; and if afterwards, upon the trial of any offender or offence to which the same may relate, the per- [a\ '\\:\y !i.e;in-- a Liu'.ior With a regular ruciliLul 'iipltiiia. 427 Indictable Offences. jt refer to Ler, of the Act to Statutes. Y III.— When- 3faction of any in the opinion ] rot likely to ailing to giv" ible offence, ^r ofrence, and it ike an examine e provisions of ?hig ill, it shall iting the state- being ill, an4 same, and shall of his reason lace when ami ics of the per, ad, if the same 3h any accused ppear for trial, ion to the pro- such accused ed ; and in all e Clerk of the Lve taken the ■ same, and file trial of any elate, the per- ink. Ilia. son who made the same statement shall be proved to be dead, or if it shall be proved that there is no reasonable probability that such person will ever be able to travel or to give evidence, it shall b(3 lawful to read such statement in ovidence, either for or against the accused, without fur- ther proof thereof, if the same purports to be signed by the Justice by or before whom it purports to be taken, and provided it be proved to tlie satisfaction of the Court that reasonable notice (see it!, v. Quigley, 18 L. T. (N.) 211), of the intention to take snch statement has been served upon the person (whether prosecutor or accused) against whom it is proposed to be read in evidence, and that such person, or hia counsel or attorney, had or might have had, if he had chosen to be present, full opportunity of cross-examining the deceased person v/ho made the same. [Id. s. 6.] 76. Prisoner's Presence. — Whenever a prisoner in ac- tual custody shall have served or shall have received notice of an intention to take su"h statement as hereinbefore men- tioned, the Judge or Justice by whom the prisoner was com- mitted, or th' visiting Justice of the prison in which bo is confined, rar . by ?.n order in writing,direct the gaoler having the custody of the prisoner to convey him to the place men- tioned in the said notice for the purpose of being present at the taking of the statement ; and such gaoler shall convey the prisoner accordingly, and the expenses of suck conveyance shall be paid out of the funds applicable to che other ex- penses of the prison from which the prisoner shall have been conveyed. [Id. s. 7.] 77. MoNP^Y Found on Prisoner. — Where any prisoner shall ^e convicted; either summarily or otherwise, of larceny 428 Indictable Offences. or other offence which includes the stealing of any pro- perty, and it shall appear to the Court by the evidence that the prisoner has sold the stolen property to any person, and that such person has had no knowledge that the same was stolen, and that any moneys have been taken from the prisoner on his apprehension, it shall be lawful for the Court, on the application of such purchaser, and on the restitution of the stolen property to the prosecutor, to order that out of such moneys a sura not exceeding the amount of the proceeds of the said sale be delivered to the said purchaser. [Id, s. 9.] 78. PtEMoVAL OF Prisoner withuuT Habeas Corpus.— Where recognizances shall have been entered into for the appearance of any person to take his trial for any offence at any Court of criminal jurisdiction, and a bill of indict- ment shall be found against him, and such person shall be then in the prison belonging to the jurisdiction of such Court, under Warrant of Commitment, or under sentence for some other offence, it shall be lawful for the Court, by order in writing, to direct the governor of the said prison to bring up the body of such person in order that he may be arraigned upon such indictment without Writ of Habeas Corpus, and the said governor shall thereupon obey such order. [Id. s. 10.] As a reminder to Justices in taking examinations in in- dictable offences, under this Act, I now give a brief note of the various steps of the procedure, taken from Oke, p. 887 : 1.— Prosecutor's Council or Attorney to open case. 2.— Depositions of Prosecutor's Witnesses taken. 3f any pro- ndence that any person, it the same en from the fu] for the md on the isecutor, to ceeding the ^ered to the i Corpus. — nto for the any offence 1 of indict- m shall be )n of such r sentence ! Court, by said prison lat he may of Habeas obey such ions m in- ief note of ke, p. 887 : n case, aken. 429 Indictable Offences. 3. — Accused invited at th;; close of each examination to put (piostions to the witness ; such cross-examination being distinguished in the deposition from tlio examination in chief. 4. — When case for prosecution completed, depositions read over to and signed Ijy tlie witnesses, (it is generally more convenient to read over each deposition to the witness, when finished, and luive it then signed and completed) ; wlien examination.s are completed, depositions must all be read over, but the v/itnesses need not be present at the reading, 5. — In long cases, or where tliere have l)een several examinations, it is convenient to hear Prosecutor's Counsel or Attorney. At this stage sum up the evidence, and give his reasons for the committal of the accur-ed on the charges alleged, (ct) G. — If evidence insuilicient, and not calling fm- an answer, accused dischivged. 7. — If evidence sullicient for an answer. Attorney of accused to address the i\fagistrate, if case for prosecution completed ; or if not completed, and ren^and intended, to stiite his objections to ii remand. 8. — If evidence incomplete, accused remanded or bailed until a future day. i). — If evidenc(! suiliciiint, and case completed, deposi- tions reaeiI iius made his stateiiu'iit ami oallod liis witiit'Mr^e?, if any. 430 Indictahh Offences. 10. — Justice to caution accused, as explained at page 62, Manual, and under 30 »& 31 Vic, c. 35, s. 3, p. 63. 11. — Accused's statement to be taken down and read over to liim. 12. — Accused's witnesses, if any, heard, and their de- positions taken. 13. — If accused calls witnesses. Prosecutor or his At- torney to cross-examine them. 14. — If case not sufficient to put accused on his trial, accused to be discharged, if otherwise committed or held to bail for trial. 15. — Bailing accused. 10. — Binding over prosecutor and his witnesses to prosecute and give evidence, and also accused's witnesses. i 'I M ' M ll' i! N ii ll !l 431 Proceedings in an Imaginary Case. Section Indictable Oileaices"Procee€liMgs in an Imaginary Case. Section 1. — Introductory observation?. 2. — Imaginary cebc, 3. — Information. 4. — Warrant. 5. — Commencement of hearing. ().— Charge— Forn' of. 7. — Reading charge lo prisoner. 8. — Caption. 9. — Swearing witnesses at hearing 10. — Directions to prisoner wlien to crosB-examine. 11, — Taking depositions. 12.— Mode of stating cross-exain ination. 13.— Reading over and signing de- positions, &c. 14. — Discharge or commitment. 15.— Observations of prisoner dur ing examination to be taken down. IG. — Statement of accused — Form . 17. — Examination of accused's witnesses. 18. — Commitment or bail — Recog- nizance, &c. ; forwarding depositions. 19. — Remand. 20. — Form of Remand. 21 — .How to procure prisoner's at- tendance before expiry of remand. 22.— Form to bring up prisoner. 23,— Bail. 24. — Recognizance of Bail — Form. 25.— Conilition to be endorsed — Form. 20.— Notice to be given. 27. — Form of such notice. 28. — Commitment. 29.— Form of Commitment. 1. In order to make the the course of proceeding un- der the foregoing Chapter as ch?ar and intelligible as possi- ble, I explain in this Chapter what should be done by a Justice of the Peace at each step in a suppositious case of larceny. I have left out all about remand, bail, binding over prosecutor and witnesses, &c., which are all explained under the various heads under the foregoing Chapter, which must read together with this Chapter ; but bearing in mind the rules with respect to those subjects mentioned in the previous Chapter, exactly the same course must be follow- ed by the Justice, as he is directed to do in this Chapter ; in other cases of indictable offences, such as murder, man- slaughter, concealment of lu'rth, &c., the only diflereuce will fmf •t;;i' P)'0('i'('llill(J^ 111 (ill hlKKjindriJ ('((SC he ill tlio c'liavf/c in the ('aj)t!()ii (uv iKMdiiio:) of tlu ih'po.si- tiuns. 2. Wo will suppose, llicii, tliiit John Jones, riauter, of Tslaiul ( 'ove, in the Norlhevu District, has liad ten pounds stolen out (if his hox, and that William Smith and Jauo Butler, his servants, eun give e\ idence re,s])oeting the thief, whom we will imU Jo1» Stiiwins. ',\ dohn dones j,'oes before the next Justice, \vhoni wo will call Thoma.s Wills, and states the facts to his Worsliij). Mr. Wills immediately prepares an inl'ormation, in accord- ance with Form (A) in the Appendix of Forms. As soon ns it is ])repared, e.nd William Smith, the witness, or John Jom;s himscdf, has signed it, or ])laced his mark to it, Mr, Wills hands William or Jones the Testament, which Wil- liam is loliohl in his right hand, and repeals the folhnv oath to him: -"You make oath that the contents of thi,^, your iiiformatioi!, which hasheen read over to you. and to which yon ha^■e signed your name, (or placed your mark) is cor- rect and true in every particular; so help you G()i>." William then kisses the Testament, and Mr. Wills tlum lills in th(> d;ite, and v.rites his name, .1, 1'. after it, iin(ier the Words, " sworn, iK;e.," at the left hand corner of the infor- mation. ■!-. Mr. Wills tlien ] re]iares his Warrant (B) or his Summons, ((') gi\es it- to the "onstahle who arrt'sts or summons -loh Sliggiie-, nv Jol) Stiggins attends before Mr. Wills, wilhiiut eithc.' S-iinnioiis or Warr.'iit ; it makes no ditference so hnig as he is before the Magistrate, and there is a eliar«Te a'jainst him. 433 PTOcoe.dinfjs in an Imaginary Case. 5. Mr, Wills then roiniiieuces the proceedings by charging Job Stiggins with the oft'cDce. G. CiiAKGE. — You, Job Stiggins, stand charged before me, one of Her Majesty's Justices of the Peace for the Northern District of Newfoundland, for that you, Job Stig- gins, on the iifth day of June, in the year eighteen hun- dred and seventy , at Island Cove, aforesaid, certain iiioney, to wit, ten pounds, or forty dollars, the property of John Jones, ftdoniously did steal, take, and carry away, against the form of the Statute in such case made and provided. 7. JIfading CiiAiufE TO PiusoNER. — Mr. Wills reads this charge to Job, the prisoner, from the caption or head- ing to the dejiositions of the witnesses, William Smith and Jane Butlur, which he is about to take, ai.d which is in the following form : — 8. Caption. — FORM (M.) Nkwkouxdlaxd. NouTHEUX DiSTHicr,'^ Till' e.xaniiiiatioii.s of William Smith of Is Island Cove, :- land Cove aforesaid, Fisherman, and Jane But to wi(. j lor, of the ?ame ])hice, single woman, taken on oath this day of June, in the year of Our Lord One Thousand Eight Year. — Consol. Stat. \>. '.'>. Year alone means year of our Lord. Money — Thin includes notes and p.ll other descriptions of money. I Ola; p. 848.] Time. — Wliil.'-t it is well to le accurate about the time when ao of- fence was comuiiited, and also as to the amount stolen in larceny, it is not necessary to prove any particular value ; there must he some'vahie. Where, however, in summary proceedinp:s, the jurisdiction i- limited to a specilled aiuoant,a sum not exceedjngthe limit of the summary juris diction must a}i]ipar ontlieface ( f the proceedings. The otTence" need not le stated in tiie information to have occurred on a particular daj . 434 Proceedings in an Imaginary Case. Hundred and Seventy , at Islanil Cove, in the District aforesaid, be- fore thq undersigned, one of Her Majesty's Justices of the Peace for the said District, in the presence and liearingof Job Stiggins, who stands cliarged tliis day before nie, for that lie, tiic said Jol) Stiggins, on tlie fifth day of June, &c., (as in the foregoing cliargo.) 9. Swearing Witnesses atHeaiung.— Mr. Wills then, in the presence of Stiggins, swears William Smith in this manner : — " The evidence you shall give in the present enquiry, shall be the truth, the whole truth, and nothing but the truth, — So help you God." 10. Directions to Prisoner w^ien to Cross-examine.-^ Mr. Wills then tells the prisoner that after each witness has been examined he may ask him any question he thinks fit; but that he must not interrupt the witness whilst giv- ing his evidence and that after all the witnesses have been eyamined, he may make his own statement. 11. Taking Dei-ositions.— Mr. Wills then proceeds to take down the evidence, commencing the Depositions thus: This Deponent, William Smith, on his oath, saith as follows :— "I saw Job Stiggins go into the room." and so It will be sufficient if the party laying tlie inforniation Mate that the oftence was conuuitted between a certain day and some day prior to the inforniation lieing laid. A conviction stating any dav between tlu'.^e dates will be good. [Stune, \^. A'l.).'] Caption.— The practice is to have the Caption a tlv sheet, and the ditlerent depositions taken on the one day folluw in the onler of being taken, each coinniencing, " this Deponent, , on his oath, saith.'" When, however, the examination goes into a subscipient dav, it is neces- sary to •■ave a second Caption, as «// (lrp(mtiaas vtn.st have a Caption, only that instead offsetting out tlie charge again, you may abbreviate it; thus, after the words " in the iire-cnce aiid iieariiig of Job Stisrgins, who stands charged this day before me." aiid "with "the 1 efore-uientioned oftence," instead of setting out the whole charge again. I 435 Proccidinr/fi in an Imaginary Case. on, in the first pergon. It must also be taken down exact- ly as Wii'iani Smith tells it, omitting what is irrelevant, and not stnctly evidence. As soon as the evidence of the v'itness is finished, Mr. Wills will then ask the prisoner, Job Stiggins : — Do you wish to ask the witness any ques- tions ; if he says " no," then Mr. Wills proceeds with the next witness, Jane Butler, precisely in the same manner. 12. Mode of Stating Cross-examination. — If, how- over, the prisoner wishes to ask any questions, Mr. Wills writes in the left hand corner of the Depositions thus : Cross-examined hy the iwisoner, Job Stiggins ; and he will then proceed to take down the evidence given by Smith in answer to the prisoner's questions. 13. Reading over and Signing Depositions, &c. — When the evidence is all taken, the caption, and the dif- ferent sheets of paper, must be tied together, and then Mr. Wills proceeds to read them all over in presence of the witnesses and the prisoner ; when all this is done, each witness signs his deposition, and after ho has signed it, Mr. Wills will swear him again in this manner, — (or it may be read over and signed by each witness and sworn, as each witness's evidence is completed.) " You make oath that the co".tents of this, your Deposition, which has been read over and explained to you, and to which you have signed your name, (or placed your mark), is correct and true in every parlicular, — So help you God." When this is done, Mr. Wills then writes at the foot of the Deposition what is called the "Jurat," from the Latin " Jura," I swear. Taken and sworn before nie, at Island Cove, ^ this day of ,A. D., 1875, (adding, in ca^e of a marksman, having first been > read over and e.xplained to thf said Depo- nent.] [Sd,] TnoMAS Wii.LS, J. P. t '■A: i 436 Proceedings in an Imaginary Case. 14. DiscHAUGE OH Commitment. — When these forni- alties have been gone tlwoiigh with both witnesses, Mr. Wills has then to consider the (|U(.'.stion, is there suHicient evidence to warrant him ir. coniniitting the prisoner to jail to take his trial for the olfence ? (ct) 15 Observations of Piusoneu dui;in(1 Examination TO BE TAKEN DOWN. — We will sup])ose in this case that Mr. Wills having heard the whole case, and possibly remarks from the prisoner also, for it has been decided that the caution mentioned further on is not necessary until all tlie Depositions are taken down, and the case for the prosecu- tion completed. " Everything occurring before the Magis- strates should be taken down in writing, and returned with the depositions, as where the lu'isoner voluntarily makes a remark or statement wliich is material during any period of the examination, for it is admissil)lc as evidence, although the prisoner's statement is afterwards taken in writing." [h] (rt) A Magistrate i>' clearly bouiul, in the exercise of a sound difi- cretion, not to coniinit any one unle-s a prima Jacic cu'-o (tliis nieana a case which ^;nw((/./(rc/(; on tlie first face or lirst appearance) is luade out against him by witnesses entitled to a reasonable ilc'jjree of credit. Justices ought not, therefore, to balance the evidence and decide accord- ing as it preponderates, for this would, in tact, be taking ujjon tiiein- selves die functions of the Petty dnry, and be trying tlie case; but they should consitler whether or not the evidence inalcc?s out a stroiuj or prohahle or even a cniifticiiiKj case of guilt, in any one of whicli ca-es they should commit tiie accused to trial. If, however, from tiie slender nature of the evidence, the uuworthiness of the witnesses, or tiic con elusive proof of innocence produced on the part of thft accused, they feel that the case is not sustained, and that if the}- sent it for trial lie must be acquitted, thev should discharge the accused. [Per Jii'ifice Baylci/. Cox V, CoUriihjc, (I B. A: C. 50). Oke, p. ^'di<.'] [/>] EXAMI'I.K OF now SUCH OliSERVATIOXS SUOIT.I) IlK NOTKD. — Wlien the prisoner, therefore, Job Stiggins, in the course of William Smitlrs examination, says, for instance, " There was not ten poi\nds in the purse," it will be obvious that this statement is material, and it should 437 ProceeduKjM in an IriuKjlnary Cam. 16. Mr. Wills, fvs we li;ivc said, then being satisfied that tlievu is suflicient evidence against the prisoner to commit liini for trial, and liaviug read over all the deposi- tions to the ijrisoner, he then reads this paper to the pri- soner, which is fastened to the cepositions : FORM (N.) Ni;\vFoi\'ri-oiicr ns and tlnrafs, as to when confessions die iiead •' Practice," Post. (that is before Uii- tu.'c of the proceeli exnuiination uf p' iveiv.itur •= wiines-e ■e fini-hed,) de-neto make d i>e ;iif..ri.tfd by the MuTi-^t-ute " that he wa-< not he did >av would be a i^tatement. ho s,u oiili'^'d to sav anytluug iiow, '.lU tlin' v. iiatev t tak en down m w ritiiig, and mi.;ii: le u e<( in c vidciice a.aint iiim. If. iter this, he makes a statement, it thus 11 be 111 f r lel in the denoition, III „^ ;_ riie prironer at this ^laL'O of tlie pro^'oeding said he de-ircd to :ike a statement, and having been given clearly U> under: tand I but he was not o be t ibliged to SUV anytiiing iinw, but that whatever iie di WOllll him, vo - ut,*r,. .MMw, in writim.', and m'iglit be used in evidence against untarilv saitb as follows," (here put his very woid=.) When the alien down Magistrate re-examines, alter the pris ination, it should be distinguished tliu iner or his counsel's cross-exam ^ •.—"Reexamined by the Magis- s-examines, the questions as well as the trate." When the prisoner cros answers may be taken down, if desirable. frtl This charge is a co[iy of the charge in the Caption. 4CS Pt'oceedimjs in an Iivi.Ujliia.'j Co- \ W\i gai ! JobStiggiiiH is uililref^iil l,y ine ns follo.vs;—" Having hcanl tlic evidf ice, do yon wish to say anything in an."- >■ i-. il cliarge? you mq not oWigctl to Kav anytliin<; ur.lesn you desire t .» »; Imt whatever you say will he taken do"'r> '•.! writing, and may be gi- -n in evidence agaim^t yon upon your trial. Ami you are also clefv'-' . . under.'-tand tiiat yon have nothing to hope from any jiromi^e of iinvoiir, and Dotl)'ng to fear from any threat which may have been holden out to yon, to induce you to make any ac'mission or confession of your guilt; but whatever you ."hall now say mav be given in evidence again^^t yuu upon your trial, not- withstanding such promise or threat. Do you deniro tocall any witness? if you do, it must be done after you have made your own statement." Here put tloH'ii wliatcver Job Stif."Tins may choose to say, and in his very words as nearly as possible ; get him to sign it, if he will do so. If Job Stiggins says anything, piiG it down thus : — Whereupon the said Job Stiggins i-aitii, " 1 i;a,e nothing more to say I have no witne-se-i to call." his Jou ^ Stiooins. mark. Taken before m>: \\ ^sland Cove, aforesaid, \ the day and year lirst above-mentiuneil. J Thomas Wim.s, J. P. 17. A 4 TO THE P^XAMINATION OF ACCUSED'S WITNESSES. — The oubEU of PiiocEEi>iNGS, &c. See Ante, p. 411 and 412. If the acc'iscd, after making a statement, calls wit- nesses to account for his possession of the stolen property or thi! like, write as follows at the foot of his statement : — " The above imnied prisoner, Job Stiggins, after making the fore- going statement in answer to the charge, calls the following witnesses to be examined on his beha'.f. namely : G. H.. of , in the said District, Fisherman, and . The said G. II. on his oath, saith as follows." [Stating his very words, and so on, as in taking the depositions of Pro- secutor's witnesses.] 439 Proceedings in an Imarjinary Case. iig more to STICJUIN3, 18 Mr Wills then prepares a Comnutment to send StigRin^ to the jail, (see under the head Couimitment,) or ad.ult9 him to Bail. (See Ball, page 417.) Tak«s tho Recognizances of Jones, and the two witnesses and for- wards the depositions and all other papers to the Chiet Clerk rnd Registrar of the Supreme Court; he snould also write the Attorney General, an.l send him copies of all the papers Should the case be of a very serious character as to where he is to send the prisoner and depositiona.-See Post, Sec. 28 of this Chapter respecting Commitment. 19 Wo will suppose, 'n our imaginary case, that Mr. Wills has not all the witnesses present, and he vishes to remand Job Stiggins for not more than three days ; he te Is the prisoner that he is remanded for three days, and he directs the Constable either to keep him in his custody, where there is no jail, or else to take him to jai. any place of security will answer where there is no jail, but the prisoner must be properly fed and treated humanely) and ,0 bring him back at the expiiation of the time. Mr W ills also will write after tlie last deposition taken before the remand, — " The prisoner was ihen remanded for ihree days." Supposing that Mr. Wills wished to remand the pri- soner for a longer time, he would then have to fill up the following Warrant, which must not be for a longer period than eight days. See Ante, p. 416 " Remand." 440 Proceedings in an Imaginarij Lkise. . II i ii 20. NORTIIKIIX DKSflilCT, FOIJM {(I 1.) NGWFOrNDLANl), Island Ci te wit. ore. To the Comtahlcs of the Northern District, nem to t/ic Keeper of the Jail at Jail in the Didrlcl.'] [a'] [thi atnl •est WnKP.EAS Jol. Sti''!iins, liciTafler called tl e acciiseil, was on the :lay of , cliarge;! 1 eforo liie uncler.^igtic 1, one of the Justices of tJie Peace foi the Nortiiern District, for tiiat tl of June, in the year l!;igh)ccn Iluntlred and Sevent le accufeil, on the fifth day afoie?aid, certain monev, to wit, fort , at Island Cove. Jones, feloniously did steal, talce, an I currv awav y dollars, the proj;erty of John the Statute, in sucl against the form of 1 ca^e niaik- and jirovideij. These are therefore to coi.nnand you, the said Constahlcs. in Her Majesl y's name, forthwith to convey the said accused to the said Gaol, ami there to deliver him to the Keeper of the said Gaol, together with tliis rrecei)t ; and T h-rel nuind you. the said K'>epf>r of the said Gad, (o receive the said accused ail, aim lliere safely keep him until the IV com- iiU,u yoi'r i;i!-.iody, in the s-aid (. iy,,f — , when [ liere' V ci.nimaml yuu to have accii ed, before lue or some uti.er Jtisti t! iiim tl le :d the :ai(] T)i.- t!i(!t, a^ i iiav le-i lie there, to an v,-er fi lu'fuer i)fh< dealt nir: ch wnii acv'ov ,i- ai^;e., .■iiid to le fni-ther o Law. unlfKs you iuili be (itlierwi-e ordfred in iC meaiii ,iiie Given under mv Hiuid and '•H'al,:;! l-'aiiil C ove. ;ifi)ie-i Our L 10 — day ol , ': hf year of lOiisand F/i;'Ji{ [lundivd and .-s cut V T. W 11.1. [T.. S.] 21. Should it I)- (IfsiiMhlo to Imvi' tlie prisoner before tlie iAraj^istraloiirinr to llio expii'ation of (he cjolit days, the Ma^i-istratc inioJit send a writtni niessaoi! to the Keeper of ihe Gao l, by the ConstaMr, reiiiie.sriiig sucli Keeper to de- ['/] Witii respect to this Form, andTll other Form-; of Warra^ iiii.l ( ommitment . .,! .e.ve tl:e note p. ;!9:!,-Tb.e Police are all sworn in lOr the Colony. 441 Proceedings in an Imagvuary Case. liver the prisoner to the Constable, or, .0 be more formal and correct, he should send this order :— Northern District, hland Govt to wit 22. District, ") Cove, \ •it. J Newfoundland. To the Kcei)er 0/ the Gaol, at ■ in the said District. Whereas on (he — day of—, Job Stiggin., hereafter called the accused, wan commuted bv mc to vour custodv nn n r.l,o.„. e 1 ceny as mentioned in .,y .aki'W.rrJ,7ol T^SiT^^ul^l t. Ies8he should be otherwise orderM in the meantime; an°i whereas it appears to me, the undersigned Justice of the Peace for the said Di- trict, that .t 18 expedient tiie .aid accused should be further examined before U.e expiration of the said remand ; tliese are therefore to order you, m Her Majesty's name, 10 have the said accused at in the said District, before me or some other Justice of the .aid District at clock in the forenoon of (state day), to answer further to ('he sa'd charge, and to be further dealt with according to Law *» Given under my Hand and Seal, at Island Cove aforesaid, this day of , in the vear Eighteen Hundred and Seventy . T. Wills, J. P., [i,. s.] 23. We will suppose that Mr. Wills is satisfied that there is a sufficient case against Stiggins to commit him for trial, but that Stiggins can obtain Bail. Should it be a case m which the Magistrate would take Bail, (see various ob- servations on Bail), and the Magistrate make up his mind to accept Bail; (in such a case as Stiggins' ..f course if satisfactory Bail were forthcoming, Bail should be taken)- the next thing to be done is to inform the prisoner that Bail will be taken, telling him the amount. Stiggins sends to his friends, either by the Constable or someone els- Who come before the Magistrate, and if he is satisfied with 442 I t Proceedings in an Imaginary Case. them he then prepares the Recognizance of Bail in this Form : — (FOEM S 1.) 24, Nkwfoi'ndlanu. NoRTHEHX District,"^ Be it rtinembered that on the ilaj ,") Be it (-of , in V Of , in the year Eighteen Hundred and j Seventy , Job Stiggin?, of , in tlie said Island Cov$, to wit. District, Fichcrman, and , of panie place, Planter, and , of same place, Fisherman, personally came before me, the undersigned Justice of th« Peace for the ea'd District, and severally acknowledged them- »elvefi to owe to Her Majesty the Queen the several sums following, that ieto pay, Job Stiggins, dollars, (the two other sureties, generally half ihe prisoner's amount) the said , and the said , dol- lars each, to be n.ade and levied of their several gocds and chattels, lands and tenements, respectively, to the use of Her Majesty, if the said 8tiggii:5 fail in the condition endorsed. Taken and acknowledged the day and year \ first above mentioned at , before me, j T. Wills, J. P. 25. The followiug is written on the back of the Ee- cognizance of Bail : — The condition of the within written Recognizance is such that whereas th« said Job Stiggins was this day charged before me, the Jus tice within mentioned, for that he, the said Job Stiggins, on the fifth day o{ June, in the yfar Eighteon Hund-ed and Seventy , at Island Cove, aforesaid, certain money, &c., {auv. JnUowimj out the charr/e as in Caption ) If therefore the said Job Stiggins will appear at the next t«rm of the Supreme (a) Court of Newfoundland on the Northern Cir- cuit, to be holdcn at Harlur Grace, i, .1- district afore.-aid, and there surrender himself into the custody of the iweper of the Common Giiol there and plead to such indictment as may bf found against him by die Grand Jury for and in respect of the charge aforesaid, and take his trial upoH the fame, and not depart -said Court without leave, then the said Recognizance to be void or »dse to -land in full force and virtue. (a) When in "Rr. .Tobn's ay. "a' the ncxt^ term of the Supreme- Cour' of Newfuun Hand, to le hoMpn at • t Jolin's." 27. im Bail in this tUNDLANU. the - i\a,y Hundred and — , in tlie Baid , of samo signed Justice ivledged them- following, that etiea, generally , del- if and chattels, sty, if the said cf the Ee- e ia Puch that •e inc, the Jus on the fifth day , at Island he charge as in 3a r at the next Northern Cir- '.-aid, and there Common Giiol nst him by the d take his trial leave, then the ? and virtue. if the Supreme 443 Proceedings in an Imaginary Case. 26. Notice of Eecognizance to be given to Accused and his Bai' \a soon as the Recognizance is completed the Jvstice should give to Stiggins and each of his Bail the following nutice, and on the copies he should note the day when they were delivered to them : — rOEM (0 2.) 27. Notice of the said liecotjnizance to be given to the Accused and his Bail. Take notice that you, Job Stiggins, of Island Cove, in the Northern District, arc bound in the sum of dollp"S, and your Sure- ties, of , and of in the District aforesaid, , in the sum of dollars; that you the said will ap- pear on the first day of the next term of the Supreme Court on Circuit, to be holden at Harbor Grace, in the said Northern District, and there surrender yourself into the custod} of the Keeper of the Common Gaol at , aforesaid, and there pleixd to such indictment as -jay be found a^'ainst you by the Grand Jur} , for and in respect of the offence whereof you stand char<^ed, and take your trial upon the same, and not depart the said C'lurt without leave; and unless you, the said Job Stiggins, per.'onally appear and plead and take your trial accordingly, the Recog- nizance entered into by you and your Sureties shall be forthwith levied on \ou and tiiem. Dated this day of , A. D. 187—. T. Wills, J. P. The Justice of the Peace before whom the said Recognizance was taken. 28. If Bail is iot forthcoming for Siiggins, Mr. Wills will commit him to uol ; and as respects the gaol to which he will send •:;-. prisoner, he will be guided by the con- sidei-ation oi .y Here he is to be tried ; of course, if the crime was committed in the winter months, he would send the prisoner to Ha- li;r Grace, that being the only place on the Northern Circuit where a term is held in May. Should a crime be committed either in the Northern or Southern Dis- 444 Proceedings in an Imaginary Case. tric'ts, the Justice will have to consider whether the Supreme Court on Circuit or the Supreme Court in St. John's could most conveniently dispose of the case, taking into consideration the obtaining of witnesses, their ex- penses, &c. ; and where there is any doubt as to which is the best course to adopt, the Justice should communicate as soon as possible with the Attorney General, by whose in- structions he will have to be guided ; in all cases the At- torney General should be informed by the very first oppor- tunity of a crime having been committed, and what has been done in the matter. We will suppose that in Stiggins' case, then, he is committed to Harbor Grace gaol. The Commitment will be ii: the following Form : — FORM (T 1.) 29. WARRANT OF COMMITMENT. NouTHEUN District, Island Covt to wit. STRICT, 1 ve, y Newfoundland. To the Constable of , and the Keeper of the Gaol at Harbor Grace,in the said District. ':■ I Whereas Job Stiggin?, licreaftcr called the accused, was thin day charged before me, Thomas Wills, one of Majesty's Justices of the Peace for the said District, on the oath of William Smith and others, for that, \_here state the offence as in chanje in Caj)tio)i.] I'hese are, therefore, to comuiand you, the said Constable, to take the said accused, and him safely con vey to the said Gaol, and there to deliver him to the Keeper thereof, together with this Precept; and I do hereby command you, the said Keeper, to receive the said accused into your custody in the said 445 Appendia; c/ Forms. Gaol, and there safely keep him until he shall be thence n livered by due course of Law. (a) Given under my Hand and Seal, at Island Cove, this day of , in the year 187 — . T. Wills, J. P. [l. s.] lUNDLAND. Appendix of Forms. Under Jervis's Act, U & 12 Vic. Cap. 42, Referred to in Chapters 8 & 9. (A.) Information and Complaint for an Indictable Offend. District, \ Newfoundland; to wit. j The information tvn.l complaint of C. D. of ', [Fisherman^, taken this day of in the year of our Lord, 187 — , before the under- signed, [one] of Her Majesty's Justices of the Peace in and for the said [District] of , wlio saith that [tf-c, stating the offence}, (h) Sworn before [me], the day and year \ first above mentioned, at . ) J. S., J. P. (Signed) C. D. (B.) Warrant to ajyprcJicnd a Person Chanjed loith an Indictable Offence. District, \ Newfoi'Ndland. ^ to wit. J To the Constable of , and to all other Constables in the said [District] of . Wliereas A. B. of — ^^ — , [Fisherman], hatV this day leen charged n,)on oath before the undersigned, [one] of Her Majesty's Justices of the (ff) It will be observed that no time is stated when prisoner is to be tried, and it has been noticed as a defect in this Form by English Text writers ; but in the case of the Circuits no time can be fixed exactly be- forehand when they will be held ; it depends on the Proclamation and sometimes on the weather. (6 If the offender is merely suspected to have committed the of- fence, insert after " saith," " he' hath just cause to believe and suspect, and doih believe and suspect that." 446 Ajype^i'^ix of Formfi. Pence , ill iuiil for the -iiiil ili'.trict of , for tliiit he, on iit (liii, [.ft., s!(liti(/ uliurlbi tin' "Jl'i'i'd] : Thc-e are theiefuro to (•oiiimaiiil yon, in Her Miijcsly's nanie, forthwitli to apiielieml the siiid A. B,, uml to brini: him before [me], or some other of fler MiijestyV .In^liee- of the Peace in an.l for llie vai'l \ l>islricf\, to an^\ver nnto tiie saiil charge, an^I lie fnrtlier dealt wiili acconlinj; to huv. (!i>cii nn(h'r my Ilaml ami Seal, this day of , in the year of onr Lord , at , in tlie [ Din/rid] afore.-aiil. J. S. (L. S.) iSininniiiis Id ti /Vr.so/i Charged uvl.'i an I ml ir table O0cncc. District,-) NicwFor.NMH.ANT). to wit. ( To A. P)., of - — , [Fislicnuan]. Wherca^^ yon have this Awy iie,.n cliar;.ed before tlie nnder.-;ij,nied, lone] of Her Maje.^ty's Jnstic«> of the Peace in and for tlie said [DistricI] of , tVir that you on — — , at [.Or., slaliinj slioiih/ the ({(fence]: These are therefore to command yon, in Her Majesly's name, to he ami appear before mo on , at o'clock in the forenoon, at , or before such other Justice of the Peace for the same [7^/s//7V/J as may then be tliere, to answer to the said charge, iind to be further dealt with according to law. Herein fail not. (iiveii under my Hand and Seal this day of — — , in the year of our Lord , at -^ ; ill the District aforesaid. J. S. (I,. H.) CIM Warrant where the stintiiioii:i is Disoheijed. To the Constables of , and to all other Con-table^ in the ; a'd {Dhtriet] o( ■. Whereas on the last pa-t, A.H., of , [I'^i^heriiian], \\:\< charged before the umlorsigned, (o;/,') of Her Majesty's Justices of the Peace in ami for the ^aid (l)i.striet) of , for that (.C-c, as in the Sum- mons) : And whereas (T) then issue 1 (ini/) Summons to the said A. 15., commanding him in Hor Majesty's name, to be and appear bef.M'e (hc) 447 jVppendix uf FonnK. ,„, ^at o'clock in the fVicnoon, at, , or l.eforc ntich ollior Justice of the Tcace for the Fnine (Vislrict) at-- ii)ij;ht tlicn he Ihere, to u!!s\ver to the raid eliargo, and to he fnrtlier (Icall with according to law : And whereas the Paid A.IJ. luvlh neglected to he or appear at the time and place apiiointcd in and hy the .^aid Summons fiU1>o'ig1> it li'^^l^ now heeir proved to me nj-on oalii thai the said Summons wan duly fcrved upon the pahl A.B. : Thepe arc therefore to command you, in Her Majesty's name, forthwith to apprehend the naid A.B., an! a lYr.son C/iarged nith an ImUctahlc Offence Commuted on the Ilh/h Seas '>r Abroad. For offences cowmitled on the hhjh sea.s the Warrant may he the mme as in ordlnar,/ cases, but deser !»leado.l to the .-aid indictment. Dated thi.- dnv uf , b'-'T— . [laborer), for aid A.B. halh J. D. C. C. tt Reg., or C. Supreme Court on the- Circuit, &i., or Clerk uf \he Peace at - 448 Ax>pcndix of Forms. Warrant to apprehend a Person indicted. To the Constable of , and to all other Constables in the said (District J of in Newfoundland. Whereas it hath been duly certified by J, D., C. C. & Reg., &c., or Clerk of the Peace at in the Paid Inland (that ({-c, stating the Cer- tificate) : Thene are therefore to command you, in Iler Majesty's name, forthwith to apprehend the paid A.H., and to bring him before {me), or Pome other Justice of the Peace in and for the said (District), to be dealt with according to law. Given under my Hand and Seal, this day of in the year of our Lord , at -, iu the IDistric't] aforesaid. J. S. [l. s.] (H.) Warrant of Commitment oj a Person Indicted, DiSTUior, "I Newfoi'xdlanh. to inor,\ wit. ( To the Constable of and to the Keeper of the Gaol, at , in tlic said ( District) of . Whereas by (nn/) warrant, dated the day of , after reciting that it had been certified by J. D. (i&c, as in the certificate) (I) com- manded the Constable of , and ail other Constables of the said District, in Her Majcsiy'snamo, fortliwith to apprehend the said A. B., and to bring him before [/hcJ, the undersigned, Iomc] of Her Majesty's Justices of the Peace in and for the said [District], or before some othfr Justice of the Peace in and for the said [District], to le dealt with ac- cerding to law : And wlicreas the said A. B. hath been apprehended under and by virtue of the said warrant, and being now brought before [me], it is hereupon duly proved to [me] upon oath, that the said A. B. is tiie same person who is named and charged in and by the said indict ment : These are therefore to command you, the Constable, in Her Majesty's name, forthwith to take and safely convey the said A. B to the said [Gaol'i at in the said [District], and there to deliver him to liie Keeper thereof, together with this precept: And I hereby com- maud you the said Keeper to receive the said A. B. into your custody in the said Gaol, and him there safely to keep until he shall be thence de- livered by due course of law. Given under my Hai.d and Seal, this day of , in the year of our Lord — — , at , in the District aforesaid. J. S. [L. s.] TNDLANn. 449 Ajypcnclix of Forms. (I.), Warrant to detain a Person Indicted who is already in Custody Jor another Offence. District,! Newfou.^dlan,'). to wit. i To the Keeper of the Gaol at , in thf said District oi . Wliercas it liath been duly certified by J. D., C. C. & Reg., Ac, or Clerk of the Peace at , that [Ac, stating the certificate]: And whereas 11 am] informed that the said A. B. is in your custody in the faid Gaol at aforeeaid, charged with some offence or other matter; and it being now duly proved upon oalh before [me] that the faid A. B. so indicted as aforesaid, and the said A. B. in your custody as aforesaid, are one and the same person : These are therefore to command jou, in Her Majesty's name, to detain the said A. B. in your custody in the Gaol aforesaid, until by Her Majesty's Writ of Habeas Corpus he shall be re- moved therefrom for the purpose of being tried upon the said indict- ment, or until he shall otherwise be removed or discharged out of your custody by due course of law. Given under my Hand and Seal, this day of , in the year of our Lord ^ at , in the District aforesaid. J. S, [L. 8.] FORM (K.) given at page 395. (L. 1.) Stnnmons of a Witness. — , Fisherman. ToE. F., of Whereas inforn\ation hath been laid before the undersigned [one] of Her Majesty's Justices of (he Peace in and for the said [District]of , that A. B. U'c, us in the Snmmovs or Warrant against the accv sed],B.x\A it hath been made to appear to me Ivpon oath if so, though it is not necessary that this information should he given on oath,] that you are likf ly to give material evidence for the prosecution : These are there- fore to require you to be and to appear before me on next, at o'clock in the forenoon, at , or before such other Justice of the Peace 450 Apiienclix of Formn. for the same District as may tlien be there, to testify wliat yoii nhall know concerning, tlie said cliargcsoiiuiile a^j^ainst tlie said A. B., as afnio- poid. Herein fail not. Given under my Hand and Seal, this day of , in the year of our Lord , at , in the District aforesaid. J. S. [I,, a.] (L. 2.) r* if Warrant where a IVifne.ss /latt not Ohet/ed a Su»niKn).'<. To the Constable of , and to all other Constables in the said District of , in Newfoundland. Whereas information having been laid before the undersigned, one of Her Majesty V Justices of the Peace in and for the said District of , that A. B., [if-f., as in tlic Sunnnons]; and it havipg been made to appear to me upon oath that E. F., of , lFi.shcr)nt(n] was likely to give material evidence for the prosecution, I did duly issue my Sum- mons to the said E. F,, requiring him to be anJ Commitment of a Witness for refusinc/ to I>e sworn or to (jice Evidence. To tiie Constabi ' , and to the Keeper of the Gaol at — , .» the said District of , in Newfoundland. Whereas A. B. was lately charged before the undersigned, [onq of Her Majesty'.'! Justices of the Peace in and for the said [District] of , for that [.fr., as in the Summons] ; and it having been made to appear to twfl upon oith,that E. F., of . [liereafter called the witness] was likely to give material evidence for the prosecution, I duly issued my Summons to the said witness, recpiiring him to be and appear before me y„ ^ jit , or before such other Justice of the Peace as shoulil then be there, to testify what he should know concerning the said charge so made against tiie said A. B., as aforesaid ; and the said witness now appouringlx'fore me [or being brought before me by virtue of a Warrant in that belialf, to testify as aforesaiil], and being required to make oath or alHrmation as a witness in that behalf, hath now refused so to do [or IMAGE EVALUATION TEST TARGET (MT-3) 4, V^-W 1.0 I.I HiJUl |25 1^ H^i 1 2.2 :s fco 12.0 1.8 1.25 JA 1.6 ^ 6" — ► ^h T // :i\^? .%.^^# 'K4 '/ PhotDgraphic Sciences CorpoKition 33 WKT MAIN STRUT WIBSTIR.N.V. USM (716) •73-4S03 *' £p^ 'S 1 s p' 452 Appendix of Forms. being duly sworn as a witness doth now refu-e to answer certain ones- ions concern.ng the prenu^es which are here put iy Hand and Seal, this atfy of — -, in the year of our Lord , at , in tlie District aforesaid. J. 8. II. s.] (M.) Depositions oj Witnesses, given at page 433. (N.) i^tatement of the Accused, given at page -137. (0. 1.) Ihcognizance to Prosecute or give Evidence. Ni;WKOlTNDI,ANn. — DiSTU.cT,. Be it remembered, that on the — day Of— in the to wit. /year of our Lord . C D of ?» • , trict. Fisherman, personally can., before me on. ^fHeVf ?' "'" tice.Hof the r.ncefor the said Distrin. a i i ? . Majesty's Jus to our Hovereig. Lady the Qu!' ." "'^^'tTl' """"l'' '' ""^ an.l levied .-• his goods and chut oil 7 ' "'*'"'' '*' ^" ■'*'''" our «»i.l L.d3 tli/u en H . • '""'' V'"' '''"^"""^^ »'> »!'« use of J. 8. 45: certain ques- •itlioiit offer- fore to com- im safely to said Keeper and you tl\e in the said for his said tamined and liis shall be lis dtff )rd , at U.. s.] — , in the said Dig- Bsty's Jna it'lf toowc > I'P Biadr tiie use o( '*id r>, ix Appendix of For ma. Condition to Prcecnte. Peaco within mentionoi, fur . at 2'! ?; '"' '^ ^^ ''''''''' ^f the ^f'-V.'l if ' fo tin- h'osecutov (utd I Take notice that vuu V l» -,.• to wit. lof - - dollars tn .. . ." ' ~ ' "'■'' ''O'""' '•' tl'o su ni at ee 454 Appendix of Forms. against A.B.; and unless you tlien appear there, and [prosecute and] give evidence accordingly, tlie recognizance entered into by you will be forthwith levied on you. Dated this day of , 187—. J. S. (P. 1.) Commitment of Witness for refusing to enter into the Recognizance. ■ District, to l'RIOT,\ wit. ( Newfoundland. and to the Keeper of the To the Constables of — Gaol, at , in tiie said District of- Whereas A.B. was lately charged before the undersigne I, [owe] of Her Majesty's Justices of the Peace in and for the said [/>i.vlant; if therefore the Paid A. B. nhall appear before me o. (lie faid there, to answer further to the charge made ngainst you \'\ C. D., and to te further dealt with ac- cording to law; and unless yon, A. B., jersonally appear accordingly, the recognizances entered into by yourself iind sureties will be forthwitli levied on you and thenu Di;.ted this day of -, 1H7-. (Q. -i.) 3.8. fn) Certificate of Nou-apimiraiirc to he endorsed in the Iiccngnizance. I hereby certify to the Supreme Court of Newfoundland that the faidA.B hath not appeared at the thne ami place in the above condi tion menlioiieil, but tli(r"in hath made dela'.ilt, by reason wiiereof Ihe within written recognizance is forfeiunl. J. S. (d^, This is the Form to be observed when the Hei'djrnizance is to appear in t'lc Siipiemc Cunrt. eitbir in St. J"lin's or < n ('iicuit. Form given at | a.r<' 117. in when il,c Reco-nizance is to appiar before the Jus- tice or Quarter Secsion". 457 Ajjpendix of Forms. (K. 1.) Warraiit to convey the Accused before a Justice of the District, Ac, in lohich the Offence teas committed. To W. T., Constable of and to all other Constables in tho said District of , Newfoundland . Whereas A. B., of , labourer hath this day been charged before the u.idereigned, (one) of Her Majesty's Justices of the P«ace in and for the said Diptrict of , for that (Ac, as in the warrant to apprehend): And whereas (/) have taken the deposition of C. D.,a witness examined ly (me) in this behalf; but inasmuch as (/) am informed that th« principal witnesses to piove the said oflence against the said A. B. reside in the District of , where the said offence is alleged to have been commit'cfl. These are thenfore to command 5'ou, the said Constable, in Uer Majesty's name, forthwith to take and convoy the said A. B. to the said District of , and there carry him before some Justice of the Peace in and for that District, -wul near unto where the offence is alleged to have been committed,'to answer further to the said charge before him, and to be further dealt with according to law ; and (7) hereby further command yon the stvid Constalilc to deliver to the said Ju^tice the infer mation in this beiialf, and also the said deposition of C. D. now given into your possession for that purj)Ose, together with this precept. Given under my Hand and Seal this day of , in the year of our Lord , at , in the District aforesaid. J. S. (I-. 3.) FORM (SI..) given at page 442. Recognizance of Bail. FOKMS (S. 3 & 4) not used. (S. 5.) Wiirraut of Ihliirninrc v:i Bail heiuff given for a Prisoner already Commuted. To the Kcciier of the Gnol at , in the said District of , in Newfoundland. Whereas A. B., laic of , Fisherman, hath before me, one of Her Majesfy'u Justices of the Peace in hihI for the said District, entered into 1 fl 458 Appe7idix of Form,3. his own recognizance, and found sufficient sureties for liis appearance at tlic next term of tlie Supreme Court or of the Supreme Court on tlie Circuit, I'oJie iioiden nt , (or Court of Genei-al QuarterSe?eion.s of tlic Peace) at , to answer our Sovereign Lady the Queen, for tliat (iC'c, (1.1 m t/ic coininHineiit), for wliicli he was taken and committed to 3-our Paid Gaol : Tlie.-e are therefore to command you, in llerMajesfyV name, that if the said A. B. do remain in your custody in the said Gaol for the Faid caune, and for no other, you shall forthwith suffer him to go at large. Given under luy Hand and Seal, this day of , in the year of our Lord , at , in the District aforesaid. s.] J. F. [l, (T. ).) Wi^n-ant of Commitment given at page iU. YarioiiH ForiiKs Jiot Ciiiveii lu the AppciiMlix: to Jcr*i«*M Act. Mode of desciibhig, technlcaUy, dlffevent descripHons of Property. Live Anlmals.-- one horse ; One tame dnck. Dead Animals. — One dead fowl. Bank Note.— One Hank note for the payment and of the value of dollars. Money.— Certain money to the amount of dol- lars, or the sum of dollars in monev. Tairs of Articles.— Three pairs of shoes. 459 Appendix of Forms. aent and of Heavy Articles.— (Weight.) pounds and the half of another pound weight of flour, of the goods, &c., of . AiriiCLEb.--(Capdt;Ity.)— One gallon of molasses. —(Length.)— Ten yards aid the half of an- othei yard of calico, &c. Mode of Describing Owner's Property : Partnership Property.— Property belonging to a firm, such as jSaine, Johnston & ■ Co., would be described as " the property of Walter P>aine Grieve and others." Perkon Unknown,— a certain person whoso name is unknown. Single Womaw Since Married.— Mary Smith, now Mary Jones. A Person Deceased before Administration Granted— The property of John Smith, since deceased. Memorandum to he written on Documents produced in Emience. This is the plan, ("'• "s f'e case may he) produced to me, the under signed Justice of the Peace for the District of Newfoundland, on th? examination of A. B., cliarged with (arson, forgery, &c.,) and refer- red to in tlic examination of C. D., touching the said charge. Taken before me, this day of , 187-. ^^ ^^^ j s J. P Deposition oj Witness dangerously ill and nnatde to travel, (referred to in paifc 42Ci.) - DISTKICT, -I NEWrorXLLANI). to wit. J The examination and deposition of L. M., of , in tlic said DiH trict, Fisherman, taken on oath this day of , in the year 460 Appendix of Forms. *' — ,in the ?aid District, before the undersigned, ono of Her Majesty's Justices of the Peace for the faid District, pursuant to Section G of the Imperial Act of the 30tli and Slst years of Hor Majesty, Chapter 35, in- tituled "An Act to remove some defects in tlie administration of the Crnniaal Law," it having been made to appear to my satisfaction tliat the said L. M. is dangerously ill, and unable to travel, and in the opinion of E. F., (a registered Medical Practitioner are the words of the Act, hut any medical man holding a medical diploma recognized by Law in England, Scotland, or Ireland, ivould satisfy the Act) not likely to re- cover from such illness, and it not beir.g practicable for a Justice of the Tcace to take an examination or deposition of the said L. M., in accord- ance with the provisions of the Act 11 & 12 Victoria, Chapter 42, in the presence and hearing of A. B., (the accused) and of the said E. F.,* and — , (the said accused having been committed or bailed to appear for trial in the next Supreme Court, or Supreme Court on the Circuit or Quarter Sessions, at , to answer to a charge cf having on &c., at' &c., stating the offence shortly) \ or if no person charged, say Jrom the asterisk*, re]&Ung to a certain indictable offci.ce, namely, the otlence of , stating it shortly, allegpd to have been committed "on, &c., at, &c., for which no person has a'ready been accused, (or committed, or bailed), to appear for trial]. This deponent, L. M.,on his oath,saith as follows, &c. L. M. The above deposition of L. M., was taken and ') 8T7orn before me, at , on the day and [ year first above mentioned. ) J. S., J. P. Kotice of Intention to take Deposition of Witness III. To A. B., (the accused or the prosecutor,) T, C. D., of &c , Constable of , being the prosecutor of you, the said A. B., (or being the ]ier- eon accused of the offence of ,) hereby give you notice, pursuant to the Imperial Statute, 30 & 31 Victoria, Chapter 35, Section 6, that J. S., one of Her Majesty's Justices of the Peace for the District of New- foundland, intends, on the day of , at , in the said Di'^trict, to take the statement of L. M., who is there dangerously iil, and unable to travel, and who it is alleged is able and willing to give material infor- mation relating to the ofTence with which you were charged on the 461 Insolvency. (,! INSECTS. Colorado K-eetles (see pac:e 175, Destructive Insects). INSOLVENCY In the following pages I have put together the portions of the Insolvency Laws which come under the jurisdiction of Stipendiary Magistrates. These relate to the preferen- tial claims of fishery servants, sharemen, seaiers, &c. In all cases sharemen, and every fishery servant, should insist on having a written agreement with their employer, and such agreement should be signed in the suppl) ing merch- ant's oflfice. It is the only safe course to follow. It is not, however, necessary to prove that the supplier or re- ceiver of the voyage Icnew the actual names of the servants or sharemen ; it is sufficient to prove that he was aware that the hirer employed so many servants, or had so many sharemen, or that in carrying on his business such a num- ber of servants and sharemen were usual and necessaty — of course the magistrate will always satisfy himself that the claims of the servants or sharemen as such are honest, bona fide claims : — Fishery Servants— Privileged Creditors —Receiver OF the Voyage — Distrirution of Estate. I . When it shall be made to appear that the hirer or employer of any seaman, fisherman or other servant is in solvent or unable to pay his creditors one hundred cents in the dollar, such seaman, fisherman or other servant .-"-t- ually employed in catching, curing of fish or oil, and such person as shall have supplied bait to the hirer or employer nr 1 || 462 Insolvency. aforesaid, and who shall be creditors for wages, sharer or bait for the current season, shall upon all such fish and oil taken, cured or made by the hirer or employer aforesaid, or out of the produce or value thereof, ii the i^ame be in the possession of the hirer or employer, or of any other person aware of or privy to the hiring or employing of any such seaman, fisherman or other servJ^nt, or having notice of the claim of such seaman, fisherman or other servant, whether the same be accruing or due at or before the time of such other person receiving such fish or oil or the produce or value thereof, or before paying the hirer or employer for the same, be considered privileged creditors, and shall first be paid one hundred cents in the dollar, so far as such fish or oil, or the produce or value thereof, shall go. 2. Where such fish and oil shall be insumcient for the full payment of the wages or shares of all such seamen, fishermen, or other servants, or of the persons who shall supply bait as aforesaid, they sliall be paid their claims rateably in proportion to their respective wages, shares or bait money. 3. In the case of the supplying merchant, no seamen, fishermen or other servants than these engaged with the knowledge and consent of such supplying merchant, being a receiver, shall be privileged creditors in manner afore- said, in regard to any supplying merchant, being such re- ceiver, nor in regard to the fish or oil, or the produce or value thereof, in the hands of such receiver. 4. Any person who may be Iwna fide engaged or ship- ped in the place of any such seaman, fisherman or other 4^3 Insolvencw servant who mry during thevoyagc have been discharged, or have left, or deserteo, or have died, or have been inca- pacitated by illness or other cause from continuing his ser- vice, shall be a privileged creditoi in manner aforesaid, and shall be entitled to claim on the supplying merchant, being such recei^'er, for the period he may have served in such stead. 5. Any defence which the hirer or employer could have made if the action had been taken against him b> such seaman, fisherman or other servant ..r supplier of bait, for such wages, share or bait money, shall be equally available tor the receiver to make on 'he trial of any ac- tion brought against him by such seaman, fisherman 01 other servant or supplier of bait, for such v/ages, share or bait money, or the value of such fish and oil, or any part thereof as aforesaid: Provided t'...t the receivef of the voyage, or any part of the prodtice 01 value of the same, shall not be liable for the payment of the wages or share of such seaman, fisherman or other servant or supplier of bait, or any part thereof, unless it be proven on the trial that such receiver is liable under the provisions of this chapter: Provided that any shareman selling or lawfully disposing of his share of fish or oil, or any part thereof, may sue and recover payment for same from the purchaser thereof, according to the terms of >Js contract, before any stipendiary Justice or Court ; and any shareman, fisher- man or other servant may in like manner sue for and re- cover his wages or share from his hirer or employer, not- withstanding the provisions of this chapter. ( i ) 'I (i) The preferential claim is only for the balance due after deducting the ser- vant's account. The receiver can set up any defence such as neglect or dishon- esty on the part of the servan*, th'j same as the hirer might have done. ^v"? ^H^ ! i I- 1' 464 Insolvency. m 6. To enable such scanuin, fisherman or servant, or per- son supplynig bait as aforesaid, to recovei the amount of his wages, share or bait money from the receiver of such fish and oil, or the produce or vahie thereof, it shall not be necessary that the hirer or employer should have been formally declared insolvent; (2) but it will be sufficient if it be made to appear on the trial of any action which such seaman, fisherman or other servant or supplier of bait may bring for money had and received, or for wages, against the said receiver, before any stipendiary Justice, Court oi' Sessions or other Court that the share, wages or bait money was du,e at the time of bringing such action, and that the said hirer or employer was then insolvent or un- able to pay his creditors one hundred cents in the dollar. 7. If such seaman, fisherman, or f>l.her servant, or sup plier of bait, has knowingly or wilfully colhuled with or as- sisted the hirer or employer in disposing of his voyage otherwise than lo his supi)lying merchant, such sup[)lying merchant not being paiil to the eNttnt of his supi)lies over and above the uni)aid wages or bait money at the time of the action being brought, such seaman, fisherman or other servant or supplier of bait, shall not be entitled to recover in any action brought against Awy receiver, being a sup- plying merchant. (a) 'I'lie usuul pmclicc is to put ilio oinployi'i- in tin- witness box and lo (lllt•^- liiin liim as lo wliutlicr lif is nbli- to iiay ont- Imitdrod cents to tlic dolinr. Ilis nn- umiradictt-d testimony lliat lie is insolvent is nsually accepted. The supplyiiiK nierclinitt or iveeivei, however, as the d.-fenduni in the at lion, can produce cv. dpnoc to show tliat lie is solvent, or has in.ide away with the voyage. It fraud ol this kind is proved, and that the servants were parties to it, and iirolited by it, their elrtinis should lie rigidly en(|uiied into, and every elTorl shoultl be inadi; l)y the Muulstrate to arrive at the lads. II necessary h- in adjourn the caw to pro- cure lurtlicr cvUlcnce. -.--'^'^i'iimemmmt^mm 465 Insolvency. S. Nothing herein contained shall prevent such seaman, fisherman or other servant, from recovering such share or wages from any person other than the supplying merchant who may have received such . , age or any part thereof, and who would be otherwise liable under this chapter. 9. Scalers who have put in or sold their shares of seals' pelts, skins or oil to the owners or outfitters of sealing ships, shall, in liKc manner with servants, under sec- tion one, be preferential c-editors upon the estates of such owners or outfitters, in the event of their insolvency. Sealers >vho have sold their shares of seals' pelts, skins or oil, to a vendee other than the owners or outfitters, afore- said, shall rank in like manner upon the estate of such vendee in the event of his insolvency. In the cases pro- vided for by this section, Lhe seals' pelts, skins or oil, for which the preferable claim is given, must have been de- livered to the owner, outfitter, or other vendee, within six wionths prior to the declaration of insolvency. Nothing in this section contained shall entitle sealers to claim for their share of seals' pelts, skins or oil, to which, according t(, the tcrms'of their agreements, they may have forfeited their right; and in such case the persons entitled to the forfeiture shall be entitled to claim as aforesaid, in their stead. Nothing in this section contained shall be con- strued to affect any custom as to set-off agi'.inst shares of seals' pelts, skms or oil, of hirers' or employers' account. in. The estates of persons declared insolvent shall, after the payment of costs and expenses, be distributed ratcably amongst the creditors, except in the cases herein pro- vided for. 466 Insolvency. ¥A II. In the distribution of the estate of any person de- clared insolvent, all wages earned by clerks and servants at any time within one year prior to the appointment of a trustee in insolvency, and also in the event of any receiver or supplying merchant being declared insolvent, any sea- man, fisherman or other servant, or supplier of bait^, as aforesaid, who may be a privileged creditor under the first section of this chapter, to the extent of his rateable proportion, as aforesaid, of the fish or oil, or the produce or value thereof, shall he privileged creditors, and shall be co-equally entitled to recover and receive one hundred cents in the dollar out of the v.statc and effects of the person declared insolvent. Any person who, but for a wrongful dismissal from service, would have been (entitled to claim preferentially, and who shall obtain judgment for damages in any action for wrongful dismissal, within one year before the appointment of a trustee in insolvency, or who, not having obtained such judgment before the ap- pointment of such trustee, shall prove his claim for dam- age'^ in such a manner as the Court or Judge shall direct, shall DC entitled to claim preferentially for such damages, not exceeding one year's wages, and in the same manner as if such damages were wages actually earned. 46; Intoxicating Liquors. INTOXICATING LIQUORS— SALE OF. The law on this 'mportant subject, corrected and con- solidated up to 1895, will be found in the following pages. The object of these Acts are two-fold. First, to regulate the sale in licensed houses. Secondly, to prevent by all means the traflfic in unlicensed houses. Even with the extensive powers conferred on the Magistrates and Police, shebeens still flourish ; all lawful means should be u.sed to root them out. The carrying out of the law justly, vigor- ously, nnd above all impartially, is one of the Magistrate's most important duties, and one in which he renders the most valuable service to the moral welfare of ♦^he com- munity in which he resides. SK(. I. a. 3- ■t- 7. 8. <■)• U). ITION Construction. Penalty for sale without license. Bavarian beer and Botanic beer intoxicating liquors. Licenses may be prantr • by Ma- gistrates ; Proviso on refusal ; Magistrates to make rules, &c. i_.icenses— wholesale and retail. Licenses— forms of ; Provi.-.o; Li- censing days. Fees on I.icenses. Pavment of license ; Bonds. Occupier to be licensed. Registry Ly Clerk of '*et'ce or Magistrate; LicenseU persons, lisi ,,/■. Wholesale license— less than two (gallons not to be sold ; not to be drunk on premises ; penalty. Name of licensed party, &c., to be painteo over outer door; penally for non-compliance, IV nally for exhibiting signs, &c., by iMMsons not licensee!. Pi nalty lor a(hilteratlon. Penflliy for possession of adulte- rations. SECIION 16. Constables may enter, &c., and take samples. 17, 18. Penalty in case of persons under 16. 19 Ilabitua. drunkards— Magistrate may prohibit sale to: penalty for supplyini* after notice. 30. Sale or pjiwn of goods for liquor ; restitution and penalty, ai. Rccoverjf or set-otf for liquor j securities for, void. aa. Close of licensed houses ; penally for non-compliance. 33. Penalty for presence on premises after hours. 34. Penally for games, disorderly con- duct, saie to drunken persons, &c. 35. Harboring constables — penally for. a6. Power of person licensed; pen- alty lor refusal to quit. 37. Power if Justices to close houses ; pen y. 38. Constables to visit imlicensM houses: jienally for Interrupt lion " ' 468 Intoxicating Liquors. SFX'I'ION 39. Act of wife, &c., presumptively act of husband, &c. Appeal to Supreme Court; con- ditions. Appeal, a stay of proceedinRs; record to be transmitted; hear- ing. Conviction not to be quashed for want of form. Licenses may be forfeited. Liability of married women, &c. ^j. Appropriations of fines. 46. This chapter to apply to Labra- dor ; exrepfions. 47. Granting of licenses for Labrador. 48. Reqi.isitcs of application. 49. I'"ees. 50. Selling liquor afloat. 51. Selling to Esquimaux. 52. Jurisdiction. Schedules. 40 41 42 43 44 45 SF.CTiON , 29. Constablp-j to seize liquor of per- sons selling without license; proceedings thereon. 30. Indemnity to constable. 31. Penalty for offences not speciiied. 32. License may be granted for short periods. 33. Liquor not to be carried m fish- .ng or trading vessels; excep- tion; ship's stores; forfeiture; penalty. 34. Search of boats. 35. Prosecutions to be commenced within six months; triable un- der II and 12 Vict., Caj-". 43 (Imperial) ; impiisonment. 36. Nature of proof required. 37. Use of bottles, &c., or persons drinking or drunk, su^licient prima facie cRse. 38. Burden of proof: judgment may go notwithstanding variance; proviso for surprise. 1. The term "Intoxicating Liquor" in the "License Act, 1 575," and the Acts in amendment thereof, shall be construed to signify spirits, wine, ale, beer, porter, and an>- fermented, distilled, spirituous or other liquor, contaiuinc; two per cent, or upwards of alcohol by volume. 2. No into.vicating liquor shall be sold unless by license under a penalty not exceeding fifty dollars for the first offence, one hundred dollars for the second offence, and tsvo hundred dollars for a third or any subsequent offence ; and in default of payment, of imprisonment for any term not exccedmg one month for the first offence, three months for the second offence, and six months for a third or sub- sequent offence, with or without hard labor. ( i ) „) The summons fV- selling v.ithout a 'ieense shotddMn^u I'^y'-^^'l^- -•;;, tioii, taken Irom the intoxitiiiiiiK i.iM''<'~r anirnuiiint :tt . v-vo RUtnmong). }o quasl.od for 469 Intoxicating Liquors. 3. The articles or beverages known as Bavarian beer or botanic beer are hereby decared to be intoxicating liquor. 4. Licenses may be granted by the Stipendiary Magis- trates to such persons resident within their jurisdiction as shall be approved of by them. Provided, that where a license is refused by such Magistrates, the Governor in Council, on good and sufficient reasons being shown, may order the said license to be granted. The said Magistrates may make rules respecting the application for and modes of granting licenses in accordance with the provisions of this chapter, and may revoke, alter, and amend the same from time to time, subject to the approval of the Governor in Council, and the same when duly and finally sanctioned by the Governor in Council, and published in the Royal Ga::etti\ shall be deemed to be incorporated in and form part of this chapter, and shall have the force and effect of law. (i) 5. Licenses shall be of two kinds, wholesale and retail licenses. 6. All licenses shall be in the forms in Schedule A. and shall be held on the terms and conditions in such forms mentioned, and shall continue for one year from the date thereof. Provided that whenever, by rules made under the fourth section of this chapter, the magistrate shall fix a (DA copy of the rulcH imtlor this section ni.ulc in .St. |.,lin's will br found in ihf ^.''.''ri"''.^; 'h. ''»l"""l I- "d«l>t«l all ov.T th,. colony. ^ V^^^^^u.^L<^\TiZ^Z 4?6 Intoxicating Liquors. certain day or days in the year for the granting of licenses, the licensing magistrate may, in the case of any licenses existing at the time of the making of such rules and ex- piring before any of the said licensing days, grant to the holder thereof a license, to continue and be in force till the next regular licensing day, at a charge in proportion to the annual charge for such license, and subject in all other respects to the provisions of this chapter in relation to annual licenses. 7. The charge for suv^'a licenses shall be as follows:— For the wholesale license, one hundred dollars; retail license, not more than seventy dollars nor less than ten dollars. The amount shall be in the discretion of the magistrates granting such retail license, and be regulated according to the situation of the licensed premises and their annual value for the purposes of such licenses. 8. Every person to whom a retail license shall be grant- ed shall, before receiving the same, pay the license money for one year, and enter into a bond with two approved surieties in the form in Schedule B, which bond w;ll be prepared by the Clerk of the Peace, or by the Magis- trate where there shall be no Clerk of the Peace, and when executed shall be f^led by the Clerk of the Peace 01 Magistrate. 9. No retail license sh-.ll be granted to anyone but the occupier of the premises on which the said intoxicating liquors shall be sold, exposed or offered for sale; but in case of the death or insolvency of the person l'censed,j Magistrate may make sucli order thereon as shall su-.t t-.e circumstances oi such case. 471 Intoxicating Liquors. 10. The Clerk of the Peace in every district, and where there is no Clerk of the Peace, the Magistrate, shall regis- ter in a book a list of licenses with the dates thereof, the names, additions and residences of the parties licensed, and a memorandum of the houses or shops for which the licenses are granted, and of the bonds taken, and the license money, and fines and penalties paid ; and shall make re- turns, embracing the foregoing particulars, at the end of each quarter to the Receiver Gene-al, and pay to him the amounts collected less the commission to be allowed on the license money, under a penalty of not exceeding one hundred dollars ; and the list of persons so licensed, with their places of residence, shall be published half-yearly in the Royal Gasette. 11. No person holding a wholesale license shall sell, barter, or exchange less than two gallons of intoxicating liquors at any one time, and no part of such intoxicating liquors suall be drunk on the premises where the same shall have been sold ; and any person who shall violate the conditions of his said wholesale license, or the provisions of this chapter in respect of such wholesale license, shall forfeit and pay a ^um not exceeding one hundred dollars, with the costs, to be recovered and appropriated as here- inafter mentioned. 12. Every person holding a retail license shall, within ten days after obtaining the same, cause to be pair Led in letters publicly visible and legible upon a board to be placed over the outer door of the house or premises in which the said intoxicating liquors are sold by retail, the christian and surname of the person mentioned in such M P I !«' i 472 Jntoxicaihig Liquors. license at full length, together with the words " Licensed to sell ale, wines and spirituous liquors " ; and such person shall preserve and keep up such name and words, so paint- ed as aforesaid, during all the time that such person shall continue so licensed ; and every person in any respect making default herein shall forfeit and pay for every offence a sum not exceeding twenty- five dollars, and the neglect to do so for every ten days after every conviction, shall be deemed a fresh offence, 13. If any person without a retail license shall keep up or exhibit, in, about or near any house, outhouse or build- ing, any sign-board or sign containing any words, or shall shr V any emblem or sign used or intended or calculated to intimate that any intoxicating liquors are for sale, bar- ter, or traffic therein, or on the premises, the ownei or occupier thereof, knowingly or wilfully offending herein, shall be subject to a fine not exceeding fifty d.)llars. 14. Every person who mixes, or causes to be mixed, with any intoxicating liquor sold, or exposed for sale, by him, any deleterious or noxious nigredient, and every per- son who knowingly sells, keeps or exposes for sale any intoxicating liquor mixed vvith any such deleterious or noxious ingredient, shall, on conviction for a first offence under this section, be subject to a fine not exceeding eighty dollars, or imprisonment not exceeding thirty days, with or without hard labor, and the forfeiture of all adul- terated liquor in his possession, and of his license, and such person shall thereafter be incapable of again holding a license. 15. Any person havng possession of any adulterated ' 1 t 473 Inioxicating Liquors. liquors or deleterious ingredient, unless he can account for the possession of the same to the satisfaction of the Jus- tices, shall be deemed knowingly to have exposed the same for sale, and the inspector of police or other police- man, authorized in writing by a stipendiary Magistrate, may procure samples of liquor on payment or tender of their value and have the same analyzed. 1 6. It shall be lawful for any constable, when authoriz- ed in writing by a stipendiary Magistrate, to enter any dwelling-house, shop, store, cellar, ship, vessel, boat, pub- lic or private saloon or room, or any place whatsoever and wheresoever where intoxicating liquor is sold or kept for sale, and take therefrom a sample of such liquor not ex- ceeding in t[uantity one half-pint from any ne cask, pun- cheon, or other vessel, for the purpose of testing or analysis. Any person obstructing any constable acting under the authority of this section shall incur a penalty not exceeding one hundred dollars. 17. Any holder of a retail license who shall permit any intoxicating liquors to be drunk on his premises by any person apparently under the age of eighteen years, shall be liable to a penalty not exceeding fifty dollars, (i ) 18. No holder of a license to sell intoxicating liquors shall sell or deliver any intoxicating liquors to any person apparently under the age of eighteen years, under a pen- alty not exceeding fifty dollars. II) The burthen of proof that a ^\vil lie on the defendant (Slouc, .tlQ). in an cases trie raaKt=":tir2::utiiO, obti in evidence, generally from the parents, a. to the young person s real age. 474 Intoxicating Liquors. I 19. When it shall be proved on oath, to the satisfaction of any stipendiary Magistrate, that any person is an habitual drunkard, or is injuring his health by excessive drinking, or neglecting his family, it shall be lawful for the said Magistrate to cause a written or printed notice to be given to all licensed publicans within his jurisdiction, pro- hibiting all such persons from supplying such habitual drunkard with any intoxicating liquor for any term not ex- ceeding two years ; and if any person shall, after the re- ceipt of such notice, supply such habitual drunkard with any intoxicating liquor, the person who so supplies shall be liable to a penalty not exceeding one hundred dollars, or imprisonment for a period not exceeding thirty days. ( i ) 20. If any person holding a license shall purchase from any person wearing apparel, tools, implements of trade or husbandry, fishing gear, household goods or furniture, made up, either by way of sale or barter, directly or indi- rectly, for intoxicating liquor, or shall receive from any person any goods in pawn, any Stipendiary Magistrate, on sufficient proof on oath being made before him of the facts, may issue his warrant for the restitution of all such pro- (i ) A notice under t'lis section may be in the following form : — District. Newfoundland. Island Cove. To licensed publicans at in the said District. Whertas it has been proved on oath to my satisfaction that , of , fisherman, is an habitual drunkard (or is injuring his health by excessive drinking, or is neglecting his family, as the case may be). I therefore prohibit you from supplying said with any intoxicating liquor for the term of year, under a penalty not exceeding 30 days. Stipendiary Magistrate. On the trial of any person who, after this notice, sells liquor to the habitual drunkard, the notice and service by the constable -ihould be proved ; and if the ac- cused is convicted the fine shoula be heavy, unless there are mitigating circum- :>tances. 4^1 Intoxicating Liquors, perty, and for the payment of costs ; and, in default there- of, the warrant ihall contain ^uch directions, for levy and sale of the offender's goods for the amount of such property so pawned, sold or bartered, and the offender shall also be liable to a penalty not exceedfag ten doUais. (i) 21. No person shall be allowed to recover or be allowed to set off any charge for intoxicating liquor in any quan- tity less than one gallon, delivered at one and the same time ; and all specialties, bills, notes or agreements, given in whole or in part to secure such charge shall be void as respects such charges. 22. All licensed houses shall be absolutely closed, and no business whatever done therein, and no intoxicating liquors delivered c consumed therein (i.) Between the hours of nine p.m. and seven a.m. from the first day of January to the thirty-first day of March, both inclusive; (2.) Between the hours of ten p.m. anc' 6 a.m. from the first day of April to the thirty-first day of December, both inclusive ; and (3,) On Sunday, Christmas Day and Good Friday ; under a penalty not exceeding forty dollars for the first offence, eighty dollars for ihe second offence, and one hun- dred dollars for the third or any subsequent offence ; and, (t) Requiring the purchaser to return all the articles sold and lose payment for the li"uor consumed, syill. in gpnTalj bp 5i>.,''Rcifint piinishment Only In bad cases should a fine be inflicted. ;< , f 476 JrJoxicating Liquors. in default of payment, of imprisonment for any term not exceeding one month for t^xe first offence, three months for the second offence, and six months for a third or subse- quent offence, with or without hard labor. ( i . ) 23. If during any period in which any licensed premises are required to be closed under the provisions of this chapter, any person is found on such premises he shall, unless he satisfies the Court or Justice that he was an in- mate, servant or lodger in such premises, or that his pre- sence there was not in contravention of this chapter, be subj- ;t to a tijie not exceeding ten dollars. 24 Tf any person licensed under this chapter permits drunkenness, or any ^'iolent, quarrelsome, riotous, or dis- ordeily conduct to take place on his premises, or sells or delivers intoxicating liquor to any drunken person, or per- mits any drunken person to consume any intoxicating liquor on his premises, or permits and suffers persons of notoriously bad character to assemble or meet on his prem- ises, or suffers any rambling or any unlawful game to be carried on on his premises, he shall be subject to a penalty not exceeding forty dollars. (2) 25. If any licensed f>erson knowinglv harbors or know- ingly suffers to .ci \ v,; c: his premises, any constable (1) Sectior 19 of the License Act nt 1875 was amended in 18^5, ai d this soction substituted in order to remove dot- .j as to the closing of public houses on Sun- day, &c. (2) Selling liquor to a drunken person, or permittinjr him to consume liquor on the premises, are difficult offences to prove; but when clearly proved they should be punished severely. It is no excuse in law that the publican was unaware ot the person served being diunk. 477 Intoxicating Liquors. during any part of the time appointed for such constable to be on duty, unless for the purpose of keeping or restor- ing order, or in execution of his duty, or supplies ar/ liquor or refreshment whatever, by way of gift or sale, to any constable on duty, unless by authority of some supe- rior of^cer of such constable, or bribes, or attempts to bribe, any constable, he shall be -ubject to a penal*-y not exceeding eighty dollars. •26. Any licensed person may refuse to admit to, and may turn out of, the premises in respect of which his license is granted, any pcson who is drunken, violent, quarrelsome, or disorderly, and any perron whose pre- sence on his premises would subject him to .. penalty imder this chapter ; and any such person who, upon being requested, in pursuance of thi'' section, by such licensed person or his agent, or servant, or any constable, to quit such premises, r fuses or fails to do so, shall be subject to a penalty not exceeding twenty dollars, and all constables are required, on demand of such licensed publican, his agent or servant, to expel or assist in expelling every such person from such premises, and may use such force as may be required for that purpose, 27. Any two justices of the peace, or any stipendiary magistrate, acting for any district or place where any not or tumult happens or is expected to happen, or where anj' election may be taking place or is about to take place, may order every licensed person in or near tiie place where such riot or tumult happens or is expected to hap- pen, or where such election is taking place or is about to take place, to close his premises during ary liuie which 1' w< P III intoxicating Lienors. the justices or magistrate may order ; and any person who keeps open his premises for the sale of intoxicating liquors during any titne during which the justices have ordered them to be closed, shall be subject to a penalty not ex- ceeding one hundred dollars ; and it shall be lawful for any person, acting by order of J.uch justices or magistrate, to use such iorce as may be necessary for the purpose of closing such premises. 28. All constables or policemen, within their respective districts, may, at such times as they may think f.t, visit" all unlicensed houses where there shall be reasonable grounds to suspect intoxicating liquors arc sold, also the shops anu public rooms of persons holding licenses, to see that the several provisions of this chapter are complied with ; and they are hereby required and commanded to prosecute all offenders under this chapter, under pain of being dismiss- ed from their respective offices, or of being fined a sum not exceeding fifty dollars ; and in case any person or persons keeping licensed or unlicensed public houses or shops or public rooms, or any persons being in or about such shops, rooms, licensed or unlicensed public houses, at the time any constable or policeman may be visiting the same, shall interrupt or assault such constable whi'e in the execution of the provisions of this chapter, or shall re- fuse or fail to admit such constable demanding to enter, in pursuance oi this section, into any premises or place occu- pied by or imder control of such licensed or unlicensed person, or who. having admitted such constable, refuses or fails to allow him to take an account of any intoxicating liquor found therein, or to furnish him with such light or assistance as he may rcqiiife, shall be subject t" a pcisd.-. not exceeding forty dollars, 479 Intoxicating Liquors. 29. Any constable who may discover or be aware of the sale of intoxicating liquor by any unlicensed person, shall forthwith seize and remove such liquor found upon the premises of such person, and shall, immediately after such seizure and removal, proceed in manner provided by law for the convii tion of the person selling such Hquor, and in any case where there shall be a conviction for the sale of intoxicating liquor by any unlicensed person, the Justice before whom such conviction shall be had may order all intoxicating liquor found upon the premises of such unli- censed person to be, and thj same shall thereupon be, confiscated. 30. In any case where a constable seizing such liquor shall have, without delay, proceeded for conviction as aforesaid, but the person proceeded against shall not be convicted and the Justice before whom such proceedings shall be had shall certify that there was a probable cause of seizure, if any action or other suit or prosecution shall be brought to trial against such constable on account of such reizure, and a verdict or judgment shall be given against the defendant, the plaintiff, besides the things seiz- ed or the value thereof, shall not be entitled to moie than ftvc cents damages, nor to any costs of suit, nor shall the defendant ir such prosecution be fined more than one doUa-. 31, If any person holding a retail license shall be guilty o( a violation of any of the provisions of this chapter, or of the terms or conditions of his license, for which a penalty or punishment is not herein provided, he shall be liable to .1 penalty lor every offence not exceeding twenty-five '« I 480 Intoxicating Liquors. 32. Whenever a stipendiary Magistrate may deem it ex- pedient he may grant a retail h'cense to any person to sell intoxicating liquors for a period not ex-eeding six conse- cutive days, and upon such terms as regards payment and hours of closing as the said Magistrate may specify n the said license. The tent, booth, room, or other place where such intoxicating liquor shall be sold under such license shall be deemed to be a licensed premises within the mean- ing of this chapter, and the person so temporarily licensed shall be subject in all respects, except as to the amount of license fee and hours of closing, to the provisions of this chapter. 33. No intoxicating liquors shall be carried in any ship, vessel or boat engaged in any fishing or trading voyage, except vessels engaged on a sealing voyage, beyond such quantity (not exceeding four gallon;-) as may be Imnx fide required or necessary for ship's stores. All liquors car- ried on board any ship, vessel or Loat, in contravention of this section, shall, on conviction, be forfeited to the Crown, and the master of the said ship, vessel or boat so carrying the same, as well as the owner thereof, or cither of them, if cognizant of or consenting thereto, shall be subject to a penalty not cxceoding two hundred dollars. 4. All constables arc authorized and recjuired to bt ..rd .nd search any ship, vessel or beat, if there shall be rea- sonable ground to suspect that any intoxicating liquor is contrary to law there kept, or secreted, or sold, or kept far purpose of sale. Any |)erson obstructing any con- stable acting under ihc authority of this section shall be liable to a penally not exceeding one hundfed dollars. 4^1 Intoxicating Liquors. Legal Procedure. ,c All prosecutions under this chapter for penalties, fine ; or for eitures, shall be commenced within s,k ealen _ dar months after the same shall have been meurred and shall and may be recovered upon view by a JusUce of the Peace or upon the complaint in writing of any person who naT nform and sue for the same; and in al such cases Ml be tried according to the practice of J-"- - "■; mary cases under the Imperial Act ' ' ^"'^ J \^'''°™' T,n„ri, except as provided for in this chapter ; w,th chapter 43, excepi a:, 1^1 j^iT,,lt and the same powers of adjudicating m cases of default and of con>pdling the attendance of witnesses, and a so a powc distress and sale of goods and chattels of a 1 per- sons convicted under this chapter ; and,f such penalttes « not paid immeoiatcly, such person so conv.ctcd may ;: c" mn'ttcd by the convicting Justice to the nearest gaol for a period not exceeding thirty days. ,6 'n proving the sale or consumption of intoxicating linuo; for the purposed any proceeding, relative to a,.y oSence under his chapter, it shall not be necessary to "how thlt any money aetu.ally passed, or any mtox.catmg inuor was actually consumed, if the Court, hearmg the r be satisfied that a transaction in the nature o a sale actually 00k place, or that any consumption of mtox.cat- ■ ! luor .vas about to take place ; and proof of consump^ L or intended consumption, of intoxicatmg hquo on ^ItL, .0 which a license under this chapter is attache , \y some person other than the occup.cr of, »^ » - "^^ i,; such premises, shall be evidence that such hquor was sold to the person consuming, or hoing about to consume. ') ' I 482 Intoxicating Liquors. or carry away the same, by or on behalf of the holder of such license. 37. Upon the trial of any person for the selling of intox- icating liquor without a license, if it shall be proved that bottles, or decanters, or tumblers, or glasses, or other ves- sels which are usually employed for holding and using intoxicating liquor, were found in and upon the premises of such accused per?on, and had been recently used, or that persons were found drinking or drunk on the said premises, this shall be deemed sufficient prima facie evi- dence of violation of the third section of this chapter, and CO cause such accused person to account for the purposes for which such articles wei'e on his premises, and to require him to establish his innocence by proof. 38. In anv proceeding instituted for a breach of the provisions o this chapter, the defendant, if claiming any exemption, c ception, proviso, excuse or qualificaiion, may set up the same as a defence, in which case the burden o* proof shall be thrown on such defendant, and it shall not be necessary in the summons to specify the particular sort 0/ liquor sold, nor to whom, nor the time when sold ; but it shall be sufficient in the summons to charge the party accused with the breach of ome section of this chapter ; and no judgment shall bo withheld on account of variance between proof and summons, if it appears to the satisfac- tion of the Magistrates or the Court that the defendant was aware of the real cause of complaint ; but if the de- fendant make affiidavit that he has been taken by surprise, the Magistrate or Court grant him further time to make a full defence on the merits, and no judgment shall be set aside for any variance, or from any formal objection. 4H Intoxicating Liquors, Any sale of intoxicating liquor made on the prem- ises ol any person by the wife, child or servant of such person, shall be considered presumptively as the act of the husband, parent or master, and shall be punished in the same way as if such sale had been made by such husband, parent or master in question. 40. Either party feeling aggrieved by any conviction, judgment or sentence of any Justice under the provisions of this chapter, may appeal to the Supreme Court sitting in St. John's or in Circuit, subject to the following condi- tions, viz. : that the appellant shall give to the said Justice, where the conviction, judgment or sentence is had, made or imposed, in the central district within three days, and if elsewhere within ten days, notice of his intention so to ap- peal; and shall, within the respective periods aforesaid, enter into recognizance, with two sufficient sureties, before the said Justice, conditioned to appear at the first ensuing sitting of the Supreme Court, either in term or in vacation, and to prosecute such appeal with effect and to abide by the judgment of the said Court thereupon, and to pay such penalty and costs, or perform such other act or com-, ply with such conditions as may be then ordered or im- posed. ( I ) 41. Where cither party appealing under the authority of this chapter, has given or tendered the security men- tioned in the previous section, judgment shall b^ there- upon stayed until the event of the appeal is certified to (i) A me may be stated for the opinion of lln' Supromt- Coiiif on a question yi itiw. ihis U iiie foiiii iu wiiitii aii iiwiihc runi-s un- broiigiit before the Supe- rior Courts In Knglnnd (see Justlcei of the Peace stating a case). I I! ^ pmi 1 t ' I ^hl^ L li. T ^^^^BHU ^^^^MP '^ f B t ! ■ 484 Intoxicating Liquors. such Justice by rule of Court, arid the Justice whose ad- judication is appealed from, shall forthwith transmit to the clerk of the proper appellate court a full and accurate re- cord, consisting "of the deposition?, if any, the warrant or summons (as the case may be), the convictions, judgment 'or sentence, had, made or imposed, and a copy of all the evidence taken in the cause, and a statement of all evi- dence to the admissibility of which exception has been taken at the hearing, the grounds of objection thereto, and the order thereon, and of all evidence tendered or exclud- ed, and of the exceptions, if any, made thereon. The ap pellate court shall, on the filing of such record, upon mo- tion of either party, proceed to hear and determine such appeal, and the court may amend, reform, correct, reverse or vary such conviction, judgment or sentence, as may ap- pear just, and to that end may receive further evidence if deemed necessary. 42. No conviction or order shall be quashed for want of form, and no warrant of commitment shall be held void by reason of any defect therein, provided that there is a valid conviction to maintain such warrant, an.] it is alleged in the warrant that the party has been convicted. 43. In all cases where a person is convicted of a breach of the provisions ot this chapter, the Justice before whom such conviction is had may, in addition to or in substitu- tion for any penalty, declare the license of every such per- son so convicted to be forfeited. 44. Manitil women and scfvantn concerned in any breach of the provisions of this chapter, shall be liable for _*4 -c- -_.,-£.&*ii 4§§ Intoxicating Liquors. the penalty thereto attaching as if they were unmarried women or principals, but the husband or master of the person so offending shall not be liable to be also sued for the same offence; but in case of married women, distress may issue against the property of the husband. 45 Every fine and penalty, recoverable under this chapter, shall be appropriated in the following manner: one-third to the informer ; one-third to the ofificer in charge of the Newfoundland Constabulary Force, for the purpo^p of being appropriated towards the relief of the widows and orphans of deceased members of the said Force ; and one- third to the Receiver General ; out of which last sum may be defrayed the expenses of prosecution. 46 The provisions of this chapter are declared, subject as hereinafter provided, to extend and apply to the coast of Labrador, with the exception of the foUox^ing sections, that is to say: four, five, six, seven and nine. 47 Any stipendiary Magistrate within his district may, at any time during the month of May or June in any year, grant a license to any person approved by him, resident within his jurisdiction, to sell intoxicating liquors on the coast of Labrador, which license shall be in force until the end of the then fishing season and no longer. 48 Every application for a license shall specify the particular premises upon which the business, in respect of .vhich the license is sought, is to be carried on. and the license issued thereon shall in all cases specifically limit the operation thereof to such described premises, and no license shall be issued aullioriAinR uic r.aie •^■^ .iqu - • -/ -— f I -B4i i,' I I * I !* ■rj* il i I tij M i 48d Intoxicaiin^ii Liquors. same person in any more than one harbor or place, or for more than one premises in any harbor or place. 49. License fees for the coast of Labrador shall be fixed by the licensing Magistrate, and shall not be leys than fifty dollars. 50. If any person shall be convicted of selling intoxicat- ing liquors upon the coast aforesaid, elsewhere than on sjjore, he shall incur a penalty of not less than one hundred dollars. 51. No intoxicating liquors shall be sold, given, or de- livered to any Esquimaux Indian under a penalty of two hundred dollars. IJ2. Any stipendiary Magistrate, anywhere, or any Jus- tice of thvi Peace upon the coast of Labrador, shall have cognizance of any offence under this chapter. RULES Made by the Stipendiary Magistrate for the Central Dis- trict of Netvfonndland, respecting the application for, and the times and modes of granting, Licenses for the Sale of Intoxicating Liqnor, nndcr the provisions of the License Act, iSyf}, and the various Acts in amendviicnt thereof. [Approved by the (iovcnior h» Council on th( Hid day of March, lSf>8, nnd published by their uuthority.] I. — Licenses shall be granted only during the fir.st seven 48; Intoxicating Liquors. days in October in each year, of which due notice siiall be given in the Royal Gazette and one other local newspaper, and all the said licenses shall be made to terminate on the first day of November in each year. 2. — The Clerk of the Peace in the Central District shall, on or before the 15th day of September in each year, pub- lish in the Royal Gazette a list of all licenses which will expire on the next first day of November. 3. — All applications for retail licenses shall be in writing, and in such application the name, occupation .md residence of the applicant shall be stated ; also a particular descrip- tion of the premises for which a license is applied for, and the names of the persons who are proposed as his secur- ities. 4.- .applicants for new retail licenses shall make their applications to the Clerk of the Peace for the Central Distric*-. prior to the Fifteenth day of September in each year, and the list of such applicants shall be affixed to the Court House door, for two weeks prior to the first days of October in each year. 5. — All parties who may have any objection to make against the granting of any retail license may attend before the Magistrates and state their objections on the said first week in October. St. John's, March 4th, 1893. ^ D. W. PROWSE, J. G, CONROY, Stipendiary Magistrates for Nfld. 488 Intoxicating Liquors. *! SCHEDULE A. •i.^ ^,1,' '*' Wk l-ln- i Form of Wholesale License. Newfoundland, District, tND, > t, S. S. \ License is hereby granted to , of , in the district of , to sell intoxicating liquors in quantities not less than two gallons, but no part thereof shall be consumed on the premises ; this license to remain in force until the day of , A.D. i8 and to be held on the terms and conditions contained in chapter 130 of the Consolidated Statutes (second series), or other Acts which shall be in force during the continu- ance of this license, respecting such wholesale licenses for the sale of ale, wines and spirituous liquors. Given under my hands (or my hand) this day of , A.D. 18 A, B., Stipendiary Magistrate, C. D., Stipendiary Magistrate, for the district. Received from the said the sum of dollars, being the amount due for such wholesale license for one year from the day of , A.D., i8 , to day of , A.D. 18 St. John's, day of , A.D. 18 E. F., Clerk of the Peace (or J. P.) si: h • ■"-"'^*f~*'*"*i*T^VffiF!^ 489 Intoxicating Liquors. Form of Retail License. Newfoundland, > District. S By virtue of the powers vested in us (or in me) under chapter 130 of the ConsoUdated Statutes (second series), we. two (or I. one) of Her Majesty's stipendiary Magis- trates for the said district, do hereby hcense , of , in the said district, to sell by retail, in the premises now occupied b> the said , situate at (h.re describe particularly the situation of the premises), and not elsewhere, ale, wines, spirituous and malt hquors, for the period of one year from the date hereof; subject, in all respects, to the provisions of the said chapter, or any Act to be passed during the continuance of this license, and all rules and regulations made thereunder. . Given under our hands (or my hand) at in the said district, this day of A.D. 18 . A. B., Stipendiary Magistrate for C. D., Stipendiary Magistrate for district, district. Received from the said the sum of dollars, being the license money for the above re- tail license for one year from this J ite. E. F., Clerk of the Peace for or. J. P. for district. district. m h i I i I !' I fiii \ t I ! 5 ! ) M 1 490 Inioxiccting Liquors. Form of Complaint for Selling Liquor Without a License. District, Newfoundland. day of To Wit. Be it remembered that on the ,189 , in the said District, Police Constable, came before me, the under- signed Stipendiary Magistrate , and informed me that on the day of ,189 , at afore- said, a breach of the Second Section of the " License amendment Act of 1895," and the Consolidated Statutes of Newfoundland (new series), and any amendments there- to, was committed by Taken and ackaowledged before me on the day \ and year, and at the place aforesaid. \ Stipendiary M- istrate Ordinary Form of Complaint. District, ^ Newfoundland. To Wit. S Be it re*- •-"nbered that on the day of , 189 , i- said District, Police Con- stable, cau..: before me, tlie undersigned Stipendiary Magistrate , and inform^.; me that on the day of , 1 8c , at aforesaid, a breach of the Second Section of the " License Amendment Act of 1895," and the Consolidated Statutes Wk\ 46 i Intoxicating Liquors. of Newfoundland (new series), and any amendments there- of, was committed by Taken and acknowledged before me on the day > and year, and at the place aforesaid. \ Stipendiary Magistrate Ordinary Form of Summons. District, ) Newfoundland. To Wit. To hereafter called Defendant. Upon the complaint of ou the said Defendant are hereby required to appeaj in your prop'^r person before the undersigned Stipendiary Magistrate , at the Court House, in on the day of , by Eleven of the clock in the forenoon of said day, for that you the said Defeudant, on the day of , did commit a breach of the Section of cha; ter 130 of the Consolidated Statutes (sec- ond series), ai d the various Acts in amendment thereof, by which you ;;ave made yourself liable to a penalty of not exceeding dollars. Dated at , 189 , Newfoundland, this Stipendiary Magistrate day V, 49^ Intoxicating Liquors. Form of Conviction. District, ^ Newfoundland. To Wit: ) Ee it remembered that on the day of 189 , in the said District, A. B., hereafter called the defendant, is convicted before me, the under- signed Stipendiary Magistrate for the said District, for that he the Defendant on the day of 1 89 , did commit a breach of tl:e section of chapter 130 of the Consoldated Statutes (second series and the Acts in amendment thereof,) and I do adjudge the defendant for this said offence to pay the sum of dollars, to be paid and applied accord- ing to law, and also the sum of dollars costs; and if the sum be not paid forthwith I adjudge tiie said defendant to be imprisoned in the gaol at for the space of unless the said sum shall be sooner paid. Given under my hand and seal at day of 1 80 . Signed, Stipendiary Magistrate. days, this If the Magistrate decides to levy the fine by distress follow the form given for conviction for a penalty to be levied by distress, and in default of sufikient distress, impri- sonment. Commitments may be readily framed from ihc general form of warrants of commitment, given under the head of Summary Jurisdiction. 49^ Intoxicating^ Liquors. Form of Notice of Appeal. Complainant, v.. Defendant. To Esquire, Stipendiary Magistrate. Take notice that I, the above defendant (or complain- .nt), do intend to enter and prosecute an appeal to the first ensuing sitting of the Supreme Court at , against a certain conviction made by you bearing date day of . 1 89 . whereby I was convicted of a breach of the Section of the Consolidated Statutes, chapter 130 (new series), and the Acts in amendment thereof, and for which said breach you adjudged that I should pay a penalty of dollars, and that if not paid immediately 1 should bo imprisoned at for the period of days ithis must be stated as in the conviction) ; and further take notice that the grounds of my appeal arc (here state all the grounds of appeal). Dated at this day of 1 89 . Form of I^jnd in Appeal. DlSTIcr, \ Newfoundland. To Wit: 5 Be it remembered that on this day of 189 , /.. H. of hereafter called the surety or sureties', personally came before me the undersigned Stipendiary Magistrate for the said district, and acknowledged themselves to owe to our Sovereign Lady the CJueen the following sums : the appel- lant the sum of dollars, and the sureties each the sum u» '.!ol}HrH, (Here insert a sum suflfi- I'll ;» lit 11^ 494 Intoxicating Liquors. cient to cover the penalty and all costs), to be made and levied of their goods and chattels, lands and tenements, respectively, to the use of our Lady the Queen, her heirs and successors, of the said A. B. shall make default in the condition underwritten The condition of the above recognizance is such that if the said appellant shall appear at the first ensuing sitting of the Supreme Court at , and there enter and prosecute his appeals against a certain conviction bearing date the day of , 1 89 , and made by me, the said Magistrate, whereby he was convicted of having committed a breach of the Section of the 130 chapter of the Consolidated Statutes (second series), and the Acts in amendment thereof; and further, if the said appellant shall abide by the judgment of the Court thereon, and pay such costs as by the Court shall be awarderl them, their recognizance to be vo'd, else to re- main in full force and virtue. N.B. — The Consolidated Statutes (new series), chapter 1 30, contains all the law concerning the Sale of Intoxicat- ing Liquors, with the exception of the amendments intro- duced by the Act 59 Victoria, cap. 20. All these amend- ments have been introduced into my consolidation of the law ; the Magistrates, hv>wevcr, must be careful to follow the section in the Consolidated Statutes and in this Act. 495 Intoxicating Liquors. INTOXICATING LIQUOR AMEND- MENT ACT— 1895. ,. Section one of the Act 51 Vic, Cap. 16, is hereby repealed and the following is substituted therefor: 1. The term " Intoxicating Liquors" in "The License Act, 1875," and in the Acts in amendment thereof, shall be construed to signify si/.rits, wine, ale, bccr, porter, and any fermented, distilled, spirituous or other liquor, contam- ing two per cent, or upwards of alcohol by volume. 2. Section two of Che Act 51 Vic, Cap. 16, is hereby repealed and the following substitifed therefor: -> No intoxicating liquor shall be sold unless by license under a penalty not exceeding fifty dollars for the first offence, one hundred dollars for the second offence, and two hundred dollars for a third or any subsequent offence ; and, in default of payment, of imprisonment for any term not exceeding one month for the first offence, three months for the -ccond offence, and six months for a third or sub- sequent offence, with or without hard labor. 3. Sec Jn fifteen of "The License Act, 1.S75." is hereby repealed and the following substituted therefor : 15 Any holder of retail license who shall permit any intoxicating liquors to be drunk on his premises by any person apparently under the age of eighteen years shall be liable to a penalty not exceeding fifty dollars. 496 Intoxicating Liquors. \-\ 4. Section four of ':hc Aci 45 Vic, Cap. 7, is hereby repealed and the following substituted therefor : No holder of a license to sell intoxicating liquors shall sell or deliver any intoxicating liquors to any person ap- parently under the age of eighteen years, under a penalty not exceeding fifty dollars, 5. Section nineteen of "The License Act, 1875," is hereby repealed and the following substituted therefor: 19. All licensed houses shall be absolutely closed, and no business whatever done therein, and no intoxicatirig liquors delivered or consumed therein (i.) Prtwcen the hours of nine p. m. and seven a. m. from the first day of January to the thirty-first day of March, both inclusive; (2.) Hctvveen the hours of ten p.m. and .six a.m. from the first day of April to the thirty-first day of December, both inclusive ; and C3.) On Sunday. Christmas Day and Good Friday; under a penalty not exceeding forty dollars for the first offence, eighty dollars for the second offence, and one hun- dred dollars for the third or any subsequent offence; and, in default of payment, of imprisonment for any term not exceeding one month for the first offence, three months for tl,c second offence, and mx months for a third or subse- quent offence, with or without hard labor, 497 Intoxicating Liquon. 6. Section thirty-seven of "The License Act, 1875," i^ hereby repealed and the following substituted therefor: 2 7 Every fine and penalty, recoverable under thi. Act shal be appropriated in the following manner: one-th,rd to the informer; one-third to the offtcer m charge of the Newfoundland Constabulary Force, for the purpose of bemg appropriated towards the relief of the widows and orphans of deceased members of the said Force; and one-th.d to the Receiver General ; out of which last sum may be de- frayed the expenses of prosecution. PROHIBITION OF THE SALE OF IN- TOXICATING LIQUORS-(LOCAL OPTION.) ^i^Mlijoriiy of electors in (listricts may make sale of intoxicatmR liciiioi^ unlawful, a. OiK-liftl. of tin; electors may, by petition, demand poll. ^. Petition void under certain cir- cumstances. 4. No license to be ^;ranted alter u- ceipt of petition. ^. Stipendiary MaKisl^ale to be Kc- turning OtVicer. 6. Oath to Vh: taken. 7 Duty of stipendiary MaKislrates. 8. Elections similar to election members. (.. l'",xplan*tory clause, 10. Korm of l)allat paper. Direction to electors. if SKCTION . ir. Time for takinfi new poll. 14. How proclamation repealed atiU licenses again issued, m. Li(iuors containing two per cetit. alcohol by vohune, declared to be intoxicant. 16. Tenalty for breach. 17. Penalty for breach. 18. Penalty for breach. 19. Proceeding tor recovery of penal- ties. , , , ao. Licensees without ti proclaimc district not authorized to sell within proclaimed limits. ji. Sale on board vessels prohibited; penalty. , .. „ aa. Kespectfng fees upon an el-etion. 33. 'ntle. I a. Duty of Returning Othcei. , When it shall ..ave been made to appear to his Lx- cellcncy the Governor in Council in manner herinaftcr pro- vided, that a majority of the duly quahficU v....- - - y i! I K . 498 Intoxicating Liquors. electoral district enumerated in the next succeeding sec- tion of this chapter, or of any town, harbor or settlement in this colony, as defined by the said succeeding section who shall vote at a poll to be taken as hereinafter speci- fied, have declared themselves to be in favor of a prohibi- tion of the sale of intoxicating liquors in their locality and against the issue of licenses therefor, it shall be lawful for his Excellency the Governor to issue a proclamation in the ordinary form, having embodied therein the simple de- claration that such sale of intoxicating liquors and such issue of licenses therefor arc by such proclamation prohib- ited within such electoral district, town, harbor or settle- ment, under the authority and for the enforcement of this chapter, and subject to the provisions and limitations hereby enacted. 2. When a petition shah be presented to the nearest re- sident stipendiary Magistrate from one-fifth of the electors of — (l ) Any of the following electoral districts The district of St. John's ; The district of Harbor Main ; The district of Port de-Grave ; The district of Harbor Grace ; The district of Carbonear ; The district of Hay-de- Verde. (•) lists I operation portions . =»jw™fiWKHlwati".!- xsasaw£»^?«»ya«a»e-n 499 Intoxicating Liquors. (2) Any town, harbor or settlement in this colony, or of any such town, harbor or settlement, and any one or more towns, harbors or settlements adja- cent thereto, in any electoral district, not named in the preceding sub section, the limits or boun- daries of which town or towns, harbor or har- bors, settlement or settlements, shall be set forth in the said petition, as in form set forth in Schedules A. and B. to this chapter respectively, or to the like effect, requiring a vote to be taken as to whether or not such proclamation shall be is^ sued with regard to their electoral district, town or towns, harbor or harbors, settlement or settlements, it shall be the duty of such stipendiary Magistrate, upon receipt of such petition, to scrutinize the names of the electors to such petition, and being satisfied that the said electors, whose names arc subscribed to the said petition, are duly qualified and registered, and after the person or persons who have witnessed the signatures to the said petition shall have sworn before him, or some other stipendiary Magistrate, that he the said witness, or they the said wit- nesses, were present and saw the said electors sign the said petition after the same had been read over and ex- plained to them, and after the fees and expenses have been secured to the said stipendiary Magistrate, as herein- after provided, to certify such petition and transmit the same to His Excellency the Governor in Council, who shall appoint, by public notice in some newspaper within the district, division or locality intended to be affected by the said proclamation, or if there be no newspaper pub lished therein, then in some newspaper as near thereto as if I §6d Imoixicatin^ Liquors. may be had, and also by posting up such notices, or copies of the same, at the various polling places within such district, division or locality, such a day in one of the months of October, November, December, January or Feb- ruary next ensuing, as shall be most convenient, and not less than four weeks from the date of such notice, and at a convenient place or places within the said district, division or locality for the taking of the poll to determine whether or not such proclamation shall be issued ; said poll to be taken between the hours of eight a.m. and four p.m. of the day so appointed. Should any riot or disturbance take place so as to prevent polling, such poll shall be continued on the next succeeding lawful day. 3. If the said poll shall not take place in one of the months of October, November, December, January or February next after the receipt of the petition by the Governor in Council, the said petition shall be deemed to be void and of no effect. 4, From the time of the receipt bj' the stipendiary Magistrate of such petition for a poll, no license shall be granted or renewed for a longer period than until the day for taking such poll. 5. On the day appointed for taking the poll such stipen- diary Magistrate shall act in the capacity of Returning Officer, unless the Governor shall appoint some other per- son to act in that capacity; and such ofBccf shall ha/e all the powers io'- the preservation of the public peace which / # 501 Inioxicating Liquors. lotices, or ices within one of the ly or Feb- t, and not 3, and at a :t, division le whether poll to be ).m. of the ancc take continued )nc of the muary or )r. by the Jeemed to tipendiary e shall be :il the day ch stipen- Retiirning 3ther per- il ha/e all ace which are by law vested in a Returning Officer at any election of representatives to the House of Assembly, (t) 6. The Returning Officer and Poll Clerks shall subscribe and swear to the oath for the due and proper performance of the duties of their respective offices, according to the form prescribed in the schedule C. to this chapter, before any stipendiary Magistrate, the nearest Justice of the Peace, or a Commissioner of Affidavits, and shall be sub- ject to the same penalties for the neglect or proper dis- charge of their respective duties as are imposed on similar officers in cases of the election of representatives to the Mouse of Assembly. 7. The said stipendiary Magistrate shall furnish the Retur. ng Officer with a correct list of the qualified elect- ors within the electoral district, or locality for which the poll is to be taken, and such Returning Officer shall, in case of doubt, have the power to administer to voters the oaths as to qualificatin-. required in cases of the election of representatives to the House of Assembly. 8. All elections under this chapter shall be held and conducted, as nearly as circumstances will permit, in the same manner and subject to the same regulations, condi- tions and provisions as arc made, prescribed and provided in relation to elections of members of the House of Assem- bly, and all and singular the power.-,, duties and functions U) On the day of the election tlio Stipendiary Magistrate is authorized to close riii ..,-? public hmistvi uiihin the area of ihe |)oiiio.. oi the district included in tiie petition (see section 37, cap. 130, ConsolidntecJ Statutes). rl^ "fr l! If* Hi' Hl,( I I 1 ii I f 502 Intoxicating Liquors. of the Governor in Council in relation to the election of the House of Assembly shall apply to elections under this chapter, and returning oflficers, deputy returning officers, poll clerks, magistrates, justices of the peace, constables, and other officers shall have, exercise, perform and dis- charge all and singular the same powers, rights, duties and privileges in and about, and in relation to such election as are provided in the case of the election of members of the House of Assembly, save and except as the same may be altered by the provisions of this chapter. 9. The expression "duly qualified electors" in this chapter shall mean electors duly qualified at the time of any election under this chapter to vote at the election of a Ui. .... :r of the House of Assembly. 10. The ballot paper to be used at elections held under this chaptF shall be according to the form schedule D. to this chapter. 11. Each elector, on receiving ais ballot paper, shall forthwith proceed to the compartment of the polling sta- tion, set apart for that purpose, and there mark his ballot paper, making a cross on any part of the upper space if he votes in favor o.' the petition, and in any part of the lower space if he votes against the petition, after which he shall fold up and deposit his ballot paper in the ballot box in the manner required by the provisions of the law in force for the time being, for the election of members of the House of Assembly. 12. After the counting of the votes polled at any elec- tion held under this chapter, the Returning Officer shall 503 Intoxicating Liquors immediately certify the number of votes polled for and against thr petition to the T'overnor in Council, forward- ing at the same time the balk t boxes and all papers and documents required by the provisions of the lasv in force for the time being for the election of members of the House of Assembly, and upon receipt of such certificate, if a majority of the votes polled have been in favor of the prayer of the petition, the Governor in Council shall issue a proclamation in accordance with the provisions of this chapter. 13. Atter a poll has been taken in any electoral district, division of district, or other locality, as hereinbefore de- fined, no new poll shall be had until after the expiration of three years from the <' '-of the former poll, or from the date of the said proclamation, should the result be in favor thereof ; and if no petition for a new poll be signed and forwarded to His Excellency the Governor in Council not less than three months before the expiration of said pro- clamation, the operation of the said proclamation with re- ference to such district, division of district, or locality, shall be considered as agreed to by the electors thereof, and shall continue in full operation and effect, without any necessity for the issue of a new proclamation, for three years from the expiry thereof, and so on in like manner shall be continued in operation and effect for every succes- sive period of three yea«-s without any necessity for the is- suing of a new proclamation until a petition for a new poll be made in the manner hereinbefore provided. 14. When a petition shall be presented in the form set forth in the schedules E. nu F. respectively, and ?n the 504 Intoxicating Liquors. % % to manner prescribed by section two of this chapter, from c-^.e-fifth of the duly qualified electors of any district or lo- cality in which a proclamation prohibiting the sale of in- toxicating liquors therein shall have been in operation, re- quiring a vote to be taken as to whether or not such pro- clamation shall be repealed, the provisions of the said proclamation and of this chapter shall remain and continue in force as provided by section thirteen, unless a majority of the duly qualified electors, who shall vote at an election to be held in pursuance of the said petition, shall declare themselves to be in favor of such petition and of the repeal of the said proclamation. 15. From the day in which a proclamation shall be is- sued within any electoral district or locality prohibiting the sale of intoxicating liquors therein, and during the opera- tion of the said nroclamation, 1.0 person (unless it be for exclusively medicinal or sacramental purposes, or for bona fide use in some art, trade or manufacture) shall, within the limits of such electoral district or locality, expose or keep for sale, or directly or indirectly, or by any pretence or device, sell or barter, or in consideration of tl;e pur- chase 'Of any other property give to any person ai;y in- toxicating liquor or liquors, and no new license for the sale of intoxicating liquors shall be granted|during the said period. The term "intoxicating liquors" in this chapter shall be construed to signify all ale, wines, malt, brewed or spirituous liquors containing two per cent, or upwards of alcohol by volume. 16. If anyone knowingly sells or delivers, or causes to be sold or delivered, any intoxicating liquors for the pur- 505 Intoxicating Liquors. pose of sale in any place wherein the sale of intoxicating liquors is illegal, (except for the purposes mentioned in the foregoing section), he shall incur a fine not exceeding four Hundred dollars, or, in defauh of pay- nt, imprison- ment not exceeding three mont s, with or without hard labour. 17. Any person w'- , in the employment or on the premises of another, exposes or keeps for sale, or sells,, or barters, or gives any intoxicating liquor or liquors in vio- lation of the precedir- section, shall be held equally guilty with the principal and incur the same penalty. 18. Any person violating the fifteenth section of this chapter shall be liable to the same penalties as are impos- ed upon persons selling intoxicating Hquors without a license under th^^ existing license laws. 19. All peiiJties under this chapter shall be sued for, imposed, recovered, and appropriated in the same manner, md subject to the same provisions as in cases of violation of the said license laws, and the proceedings for the recov- ery of such penalties shall be subject to the same provi- sions with respect to appeal, revocation, or removal by writ of certiorari, or otherwise, as in the case of penalties under the said license laws ; and all intoxicating liquors found upon the premises of any person convicted of violat- ing this chapter shall be destroyed by order of the con- victing Mag'strate. ' 20. During the continuance of any proclamation issued under this chapter, with respect to any electoral district, division of district, or locality, no license for the 5 le o. in- )'H li.^',. 506 Intoxicating Liquors, I' toxicating liquors in any locality beyond the limits of such electoral district or locality shall be of any avail for the purpose of authorizing the sale of any ich liquors within the limits of such electoral district or !< :ality, and any sale of intoxicating liquors within the limits of such electoral district or locality, effected under the assumed authority of such license, shall be deemed to be a violation of the fif- teenth section of this chapter, and shall incur the same penalties as a sale of intoxicating liquors without a license. 21. From the day in which such proclamation shall be issued within any electorpl district or locality, and during the operation of this chapter therein, it shall not be lawful to sell, barter, or give in consideration for any property, any into:' ating liquors, as aforesaid, on board an/ vessel lying in y harbor within the limits of the said electoral district or locality. Any person so offending shall incur the penalties prescribed in the cighteentli section of this chapter. 22. The fees tu be paid for poll booths, to returning of- ficers and poll clerks under this chapter, shall be : poll booth, four dollars; returning officer, ten dollars; pull clerk, four dollars; which, with any other expenses incur- red under this chapter, shall be paid by the inhabitants of the district or locality demanding a poll, and shall be se- cured to the stipendiary Magistrate at the time of the pre- sentment of the petition to him and before forwarding thereof to the Governor in Council. Act; «ji X11J3 vstr.picx iliay Dv ;,ucU Ud 4 !Ju i cinj;craii«-e Intoxicating Liquors. SCHEDULE A. Form of Petition for a Poll for an Electoral District, We, the undersigned electors of the electoral district of , do hereby request that a poll may be taken of the electors of the said district to determine whether or not a proclamation prohibiting the sale of intoxicating liquors and the issue of licenses therefor shall be issued in this district, under the authority and for the enforcement of "The Temperance Act." SCHEDULE B. I^oRM OF Petition for a Poll for Towns, Harbors, Settlements, &c. We, the undersigned electors resident within the limits or boundaries herein set forth, do hereby request that a poll may be taken of the electors resident within the said limits to determine whether or not a proclamation prohib- iting the sale of intoxicating liquors and the issue of licenses therefor shall be issued, to apply and be in force w'thin the said boundaries or limits, under the authority and for the enforcement of " The Temperance Act." The boundaries or limits within which it is requested that the said poll shall be taken and the said proclamation applied are as follows: ^Herc define the boundaries or limits) SCHEDULE C. Form of Keturmnc Offickr anl Pi>ll Clerk's Oath. I, , do swear that I will honestly, impartially. if:" H f 50^ Intoxicating Liquors. and withe ut favor to any party, take the polls at the elec- tion held under "The Temperance Act," and that I have not directly or indirectly received, nor will I hereafter directly or indirectly receive, any money, gift, reward, pro- mise, contract, or security for money, or other reward, for or in respect of the conduct I shall observe during or at the close of the ensuing poll, save and except such lawful compensation as I shall be entitled to receive in virtue of my appointment and the faithful and just execution of my duty as . (Deponent's name). Sworn before , at , in the presence oi , this day of (Magistrate's name), SCHEDULIC D. KOKM Ol lV\l,I,()r i'Al'FK. Voting on the petition of the electors of under the provisions of "The Temperance Act." For the IVtitioii Against the Petition N.B. — The crosses arc for illustration. ^.'^f^ ;^?pa; - w ■ inioxicating Liquors. m.\ . SCHEDULE E. Form of Requisition for a Poll for an Electoral District for the Repeal of Proclamation. We, the undersigned electors of the electoral district of , do hereby request that a poll may be taken of the electors of said district to determine whether or not the proclamation prohibiting the sale of intoxicating liquors now in force in this district, under the authority and for the enforcement of "The Temperance Act," shall be repealed. . SCHEDULE F. Form of Petition for a Poll for Towns, Harhors, Skitlkments, &c., for Rfi'Eal of Proclamation. We, the undersigned electors, resident within the limits or boundaries hereinafter set forth, do hereby request that a pcU may be taken of the electors resident within the said limits to determine whether or not the proclamation prohibiting the sale of intoxicating liquors and the issue of licenses therefor, now in force within the said boundaries or limits, under the authority and for the enforcement of "The Temperance Act," shall bo repealed. The bouiul- arics or limits within which it is requested that the said poll shall be taken and the said proclamation applied arc as follows: (Here define the boundaries or liimts). i ; m • 5to Intoxicating Liquors. FORMS OF INFORMATION AND SUMMONS UN- DER THE TEMPERANCE ACT. Information. District, i Newfoundland. To Wit. ) Be it remembered that on the day of ,189 , in the said District, , Police Constable, came before me, the un- dersigned Stipendiary Magistrate , and informed me that on the day of , 189 , at aforesaid, a breach of the Section of the " Temperance Act," and the Acts in Amendment thereof, was committed by Taken and acknowledged before me on the day ) and year, and at the place aforesaid. ) Stipendiary Magistrate Summons. District, ) Newfoundland. To Wit. To hereinafter called Defendant. Upon the complaint of you the said Defendant arc hereby required to appear in your proper person before the undersigned Stipendiary Magis- trate . at the Court House-, in » on the day of by Eleven IV «!^n. '.+»>feifc--!-r- '1. •-, 512 Intoxicating Liquors. M i £ S I ^ a 'f^ •^2 ■5 -Ml a f o c fee -« is C 1- = a • 'T'. ^ ^ W O O -i '/■' is £?■= ii ^ — _^ s 4J.S —• •= • . ■< .3 :- *^ 3 -- .s.i: -^ -^ -J- J • -r, *-' Zt —• cn ^ " 'zy*^ ■!-> j-i 4-1 a 01 1, - ^ X' 3 5 a S S "*- 0) ^ S "^ M^ tjo bpt: o^ ?^ ^ . rt « > -•£-« ii u C ^ r 4) C ■/. o aT. s =■ S £ ^ '/; . , P,_H l-< M X "S 'C! .S a tn '■^ C *^ ^ '- — 4-1 . ^ , , a> oi •— O 4> j; tJ 1* [/J t- - .. a "S o (u i, « <■, '/-■ o) 2 w > 2j jj _ 13 Mp .P-S.ji^ -/. U .2 x .2 a « ■» a rt op 0) o O'^ c o"i3?i ;». arse's ^'..22 j; i,3 s'^ - "'=' - a ti v:' > . -a -s Z3 >. • »H -w ,a ,*= ej' t/j t« *-* a ta ^ i2 s •c a bCa ,-.c - a a >-.*-' •2= «=: o : «5 s '■« e a 3 a " o o ^-r,^ asP^-'^OrtB • . •* ^ -' .2 a O u a _* S g 'J. rn "S ."' "J O S ,^ ^ "1 b 1, 1— I r ) 33 ? aaSS^-^Sa v.^r.-n - - ■ - o A V f- — — ' ci Scfi a " M v ^ -rt ;2"Phv1Bs 'J s 514 Intoxicating Liquors. i '! ' I 1 i ' III I i D s I M e i I 23 a ■3 I « w 5 □ o u o •c u 'u m e o a o SI n3 a o w ce O s o d §8 o o T3 73 S o o Ma O-S - S..2 2 a o jj s , ■♦^ ^' H o d o ee O "O d cs .> O •72 d a> v V ca > d « d o d ci of; CIS u «5 o ^ 9> p «3 o d •c d 5 g . o CO r -J d" sJ rt O -;- 'S3 9 d^ — < m CO-" "2- U) as d^ hht3 d 5 -s -6 6^ ^ "J « d .as a^ o ^ Q .a *>.2 A d ■w be Ph bO •a c -a o d o 2i§a "3 OS o P-i oa) «j ^ OCi O cci'"' S.2 V s« X gag 9> o O «3 l" I ca d o a -a a CO « O w •a o o to 0> CO ■-3 :S a o d MS toO a) g ••-I ft d 'i •^§ 2 4> 2 S2 bC a if H © JO- 'S a fc 'C ■tmt 00 © CO I I 5P 00 Ifep ti6 Infoxica/ini^ Liquors. % t Intoxicating Liquors not Allowed to isk Bnouoin ON Board of Her Majesty's Ships. Section i —Liquors not to be broiight on board of Her Majesty's Ships without consent yA Commandihg Ofllcer ; T'crfeituiv ; Penalty. I . It shall not be lawful for any person to brincf on board any of Her Majesty's ships or vessels any spirituous or fermented liquor of any description without the previous consent of the officer commanding the ship or vessel on board of which the same tnay be brought; and it shall be lawful for an officer in her Majesty's service, or warrant or petty officer of the navy, or non-commissioned officer of marines, with or without seamen or persons under his command, to search any boat or vessel hovering about or approaching, or which may have hovered about or ap- pronched any of her Majesty's ships or vessels, and if any spirituous or fermented liquor be found on board such boat or vessel, to seize such spirituous or fermented liquor, and the same shall be forfeited to the Receiver General for the use of the colony; and if any person shall bring an>- spirituous or fermented liquor on board an>' of her Ma- jesty's ships or vessels without such previous consent as aforesaid, or shall approach ' or hover about any of her Majesty's ships or vessels for the purpose of bringing any spirituous or fermented liquor on board the same without such previous consent, or for the purpose of giving or sell- ing without such previous consent spirituous or fermented liq'iior to men in her Majesty's service, or of aiding or as- sisting any officer, seaman or marine in her Majesty's ser- vice to desert or improperly absent himself from his ship or vessel : every such person shall, upon a summary con- viction thereof before a Justice of the Peace, forfeit and pay a sum not exceeding fifty dollars for every such act or Intoxicating Liquors. offence ; and it shall be lawful for any officer in her Ma- jesty''5 service, or any such warrant or petty officer, or non-commissioned officer as aforesaid, or for any con- stable or peace officer, with or without any warrant or other process, to apprehei. \ or cause to be apprehended any such offender or person so acting, and to brnig h.m or cause him to be brought before any stipendiary Magistrate or Justice of the Peace for the purpose of having the of- fender summarily convicted of the same. Any pecumary forfeiture under this chapter shall and muy be recovered with costs before a stipendiary Magistrate or Justice of the Peace- one-half of the forfeiture so recovered shall go to the pirty who may inform and sue for the same, and the other half to the Receiver General for the use of the colony. Vit .!^ iM i; ! Irregularity, &c. IflREGULARITY — See under the head of Practice and Summary Jurisdiction. JOWLS — The barrel shall weigh 200 lbs. ; half barrel, 100 lbs, JUDGES— See District Courts, &c. JUDGMENT — See summary Jurisdiction. JUDICIAL NOTICE. As a general rule every thing has to be proved in a Court of Justice, but there are certain facts of which all Courts in this Colony are bound to take Judicial notice, without proof, viz : The reign of a Sovereign, The Impe- rial Statutes, Royal Proclamations, The Acts of the Local Legislature when purporting to be printed by the Queen's Printer (see Consolidated Statutes, new series, p. 2), the Almanac, the divisions of the year, the time of the day, also the Royal Ga::cttc of the Colony, and all Proclama- tions and Public Notices therein. JUDICIAL OAIK— See justices of the Peace. ..it JURISDICTION OF JUSTICES-See justices of the Peace. JURY — The laws on this subject will be found in the Consolidated Statutes. Juries are not now summoned' in the Court of Quarter Sessions, though there is still a right to appeal to a jury in bastardy cases ; see under the head Bastardy, p. ^6. 519 Duties of Justice of the Peace. JUSTICE OF THE PEACE. Duties, &c. Sections 1. Office of Justicu of the Peace. 2. Justices, how appointed. 3. Commission of Justice of the Peace. 4. Oaths to be taken, c. Oath of Allegiance. 6. Old form of Oath of Office. 7. Old form of Oaths abolished. 8. Sections of Promissory Oaths' Act, 1874. ^" arm of Official Oath. 9. Form '"t judicial Oath. 10. 0?th of Allegiance, by whom to be taken. 11. Judicial Oath and Oath of Alle- giance, by whom to be taken. \z. Official Oath, by whom tc be- taken; proviso, not to apply where Special Oaths provided. SEC'liONS 13. Officer declining or neglecting to take Oath, <\k > '"d, or to vacate oPicc. 14. Name of British Sovereign for time being, to be sub-.tituted from time to time. 15. Affirmation may be made in lieu of Oath 16. General observation on Oaths, &c. Mandamus, Rule Nisi, of Supreme Court. 17. Justices not to try cases when interested. 18. Justice must be impartial. 19. Quarterly returns of fines, &c. 20. Bribery. 21. Warrants mast be executed by Constables. 1. The office of Jv.sticc of the Peace is one of great an- tiquity, and has always been considered, both in Great Britain and in the Colonies, a highly honorable position. 2. Justices of the Peace in this Co. . appointed by the Governor, as the Queen's Representative. The Com- mission is issued under the Great Seal of the Island, and is headed,—" Victoria, by the Grace of God of the United Kingdom oi Great Britain and Ireland, Queen, &c. ' The meaning of this is, that by the theory of the British Con- stitution, the Sovereign is the fountain of honor, of office, and of privilege, (a) and thus the Sovereign alone (or Her Representative, as the Governor for example,) has the power of conferring h-iors, dignities, or privileges upon (t'' Kerrs. Blackstonr p. 65. 520 III i.| I Duties of Justice of the Peace. Her subjects; it will thus be seen that the office and hon- orable position of a Justice of the Peace in this Island given to him by his Commission, is constitutionally as much given and granted to him by Her Majesty, as the highest office held under the Crown. Another reason also why the Commission is issued in the name of the Queen, is that Her Majesty fs the Fountain of Justice an"d the General Conservator of the Peace in Her Realms, {a) and from the Sovereign alone can any of Her subjects receive authority to administer justice, and in Her name justice is administered all over the Empire. 3. The form of the Commission, which w.'u; rev'sed in the latter part of the Reign of Queen ICli.abeth, and was then settled nearly in the form now used both in En^^land and in this Colony, requires the Justice " to keep and cause to be kept all C.umanccs a.id Statutes, for the good of our peace and for the preservation of the same;" "to chastise and punish all persons that offend against the form of tho.sc Ordinances and Statutes." The next para- graph refers to the authority of Justices A the Peace to bind over to keep the peace all persons .vho have thrca^ encd viol icc against the persons or properties of their neighbors ; then follows the authority and power to hold Quarter Sessions, the regulating of Public Houses, Weighs and Measures, and refers In antiquated language to vari- ous other subjects all of which arc now regulated by Statute, and will be referred to hereafter in their proper places. In the concluding portion of the Commission (a) Korrs. Uliickslono, p. 64. 52! Duties of Justice of the Peace. these words arc used. " and, therefore, we command you that to kec-\ig the Peace, Ordinances and Statutes, and all and singular other the premises, you diligently apply yourself." 4. On receiving his Commission, a Justice of the Peace '=as now, bylaw, to take two Oaths; first, the Oath of jpremacy, which is in the following form: — c. T, A. 11, do sincerely promise and swear that I will be faithful and bear true allegiance to Her Majesty v^ueen Victoria, (Her Heirs and Successors, accordi-.g to Law,)* so help me God. 6. Secondly, the Oath of Office, which was in the fol- lowing form: — "You shall swear, that, as Justice of the Peace fo." the District of Newfoundland, in al! articles in th « Queen's Commission to you directed, you shall do equal ught to the poor and to the rich, after our cunning wit and power, and after the Laws and ' atutcs of this Colony thereof made: and you shall not be of Counsel of any quarrel hanging before you : and that you hold your Ses- sions after the form of the Statutes thereof made: and the issues, fines and amerciaments that shall happen to be made, and all forfeitures that shall fall bctoic you, you shall cause to be entered without any concealment or em- i)o/.zling. a-d trily send them to the K-ccivcr General (or the use of the Colony. You shall not letj'oi gift or other r |. .. x. . ji - it: 526 Duties of Justice of the Peace. 18, I know it is a difficult matter for an Outharbor Magistrate to keep clear of all the petty jealousies, quar- rels and disputes that naturally arise in all small communi- ties, but if you act with common sense, prudence and good judgment, and are rigidly impartial in your deci- sions, you will manage it, and gain the confidence and re- respect of the community in which you reside. You should also specially avoid being a political partizan ; you have a perfect right to hold your own individual opinions, both in political and other matters, and you have a right to express them privately as an individual, but you should be specially and particularly careful never to permit your political or your rclii^ious bias to interfere, in any way whatever with your impartiality and independence as a Magistrate. You must not take a part in any political contest. 19. You must make accurate and regular returns quar- terly {a) (each quarter ending on first day. of January, April, July, and October,) of all (//) fines, fees, and other moneys you are required by Law to return to the Receiver General, where there is no Clerk of the Peace to do this duty, (r) aod where there is a Clerk of the Peace, you should revise and certify his returns. I I ii Ml \k\ 20. The words "you shall not let {d) for gift, &c.," (.1) Consul. Stat. f<*) Fi.U's— oxi'rpt in some Hp('cial ciiscs, rofcrrod to herciiflcr, half of tlic fnn' in piutl li) the Infornii'i tin; othor luilf to tlio Receiver (ienenil. ((') Cuiisnl. .St: ;, Whrrr liirrc is no Cjirrk n: th;- i Vac;-, a justice or Sfipcn- cllarv MuKistrftU: inav jicrfonn liis duty. (,?) See Webster ! I)id., word "let," 527 Nature of the Duties of Justices of the Peace. means you shall not delay or put off a cause for a bribe ; let is an obsolete word, the original meaning was to re- tard. For the honor of our Judiciary, both great and small, the crime is now as obsolete as the word. 2 1 . Lastly, all Warrants and other Process must be exe cuted by Constables, &c., never by persons interested. THE NATURE OF THE DUTIES OF. Justices of the Peace. Sfxtions 6. Criminal jurisdiction of Justices in absence of Stipendiary Ma- gistrate. 7. Powers of Stipendiary larger than English Stipendiary Ma- gistrates. 8. Examples of Power in Criminal cases. Sec iioNs 1. Authority, either Ministerial or judicial. 2. Iiidicial functions. 3. Ordinary Jurisdiction. 4. Juitiees to have same jurisdiction as Justices in England. 5. J urisdiction in absence of Stipen- diary Magistrate. I . The authority of Justices of the Peace is either minis- tei'ial or Judicial ; the ministerial functions of Justices consist of receiving informations or complaints for indict- able offences which can only be tried by a jury in the Su- preme Court or the Supreme Court on Circuit; also, for offences or matters triable in a summary manner, causing the party charged to appear and answer, either by Sum- mons or Warrant; levying rates under the Sheep Killing Act, and many other Acts of the same character ;— these are the ministerial functions of Justices of the Peace, as distinguished from \.\\c\x jmlieial functions. 2. Their Judicial functions chiefly consist: first, of the trial .of offenders under their summary jurisdiction in small : 1 ■ ■ (i 1 ' i \ i '1 1 i } It ■ lli i'i • 1 'la^i'i t ! Nature of the Duties of Justices of the Peace. Criminal cases; second, adjudicating or deciding cases such as between master and servant, in the fishery, and many other civil actions of a similar character, the first being called their Criminal jurisdiction, whilst the second is described as their Civil jurisdiction, Committing for trial in Indictable offences> and taking Bail, are Judicial duties. The Magistrate's decision in these cases is not final, but it is, nevertheless, a judgment on the questions whether the prisoner shall stand his trial or be discharged. Taking Bail is also Judicial. It is often optional, and the Magistrate has to adjudge whether the prisoner shall be kept in gaol or allowed out on bail; also what the amount of the security shall be. ■ 3. The ordinary jurisdiction of Justices of the Peace, under the English Criminal Law, as applied to this Colony, is given to Justices of the Peace in Newfoundland by the Section following: — 4. " Justices of the Peace shall have and exercise, in proceedings of a criminal or other nature, the like powers, authorities, and jurisdiction, where the same shall not be •napplicablc, as Justices of the Peace in England may now or hereafter by law exercise there, except as may be other- wise provided by Local enactment." — (Consol. Stat.) 5. Justices of the Peace in Newfoundland have, besides this ordinary jurisdiction, special powers conferred on them. By the Consolidated Statutes: "In all places where there shall be no resident Scipenrliary Magistrate, or where he shall be absent, any Justice ol the Peacc,in or near the locality, shall and may perform and exercise all \^h 529 Jurisdiction of Justices of the Peac^ tHc .unctions, powe. and ^^^^J^]::^, be exercised "^^ Pj'^^^ Co-n.olXed Statute:." under the provis^-ons ot tnest. ^ e. It is aiso prcvded that •■ ^-'^;J^^2^. ,ist.atc shall also hove -/ J^J f^rnd tte'^ini.lg o, thority and junsdict.on, ui the hca g ^^^ summary proceedings "--P^;;';' ^f 1,, „, kr Ma- ::rhZ^r":::d':^.orit. to rehire and compel the attendance of witnesses, JUSTICES OFTHE PEACE JURISDICTION OF AS TO LOCALITY. &C. ' TKSblc ofre„c.» o„ ,l,e High Seas in British Ships. 8, Accessories, g. Offences in British Ships. 10. Larceny. 11. Larceny from wrecks. 12. Where title to land involved. 13. In assault, example. 14. Under Malicious Injuries Act. 15. Course to be pursued in such cases. except m special cases, wn ;„ hi« Commission; is confined within the U.stnct named ^^^-- 'f iSe-s power conHned to Vus '• J"District\n certam cas..-Uo^ vise and excep Uon-M^anmg ot the word Colony, -^«--^;' pendiary Magist-atcs on the Treaty Sliore. 3 Central District detined. o Northern District. 4 Southern District. I- WarrfnTmay i^sue lor offence '•''SStt^^vithinjigs^^ no matter where ottender rt sides in the Colony. 530 Jurisdiction of Justices of the Peace. he cannot exercise any coercive or judicial act out of the District for which he has been appointed ( a) ; it will be necessary therefore first to define the limits of each Judi- cial District {b). 2. The Central District includes all settlements in the peninsula of Avalon, lying between an imaginary line drawn from the LaManche River, inclusive, to Holyrood in Conception Bay, exclusive, and includes Belle Isle, and the adjacent Islands in Conception Bay. I 3. The Northern District comprises and includes all that portion of the Island, and the Bays and Rivers of the same, and the Islands in or adjacent thereto, and depend- (rt) This proviso, however, must be borne in mind (Consol. Stat., new series P-.59S)- I ersons charged with offences before a Magistrate or [iisttce in one Dis- I may be committed for trial in the Supreme Court in any other District or may, although committed in or to one District, bo indicted and tried iu another as justice and convenience may require, and a person mav be charged in one place or Dis net and the investigation continued, and commitment, if any, made in another place or District ; and for sucli purposes Magistrates and f ustices shall exercise all necessary powers of removal and examination of witnesses, and for the purposes of this section shall be regarded as Magistrates for the Colony and its dependencies, and for all places and Districts within this Colony and its Depen- dencies. (Ihis section refers to indictable offence: triable before the Supreme court, not to cases which the Magistrate may try summarily). 1 may mention - t^iat by tiie Conso . Stat., " Colony," or " the Colr^r.y," or " this Colony," means INewtoundland and all Islands adjacent thereto, also Labiador and all Islands ad " Newfoundland," or " the Island," or " this Island," is held to in Newfoundland and its jacent thereto. „,„. elude Newfoundland and the" Islands adjacent thereto Dependencies mean our Island and Labrador. Stipendiary Magistrates on the Treaty Shore (from Cape Ray to Cape John) snail nave all the jurisdiction, power and authority of District ludges and in all actions (-.v conb-acta the said Magistrates shall have jurisdiction" to 'the amount of 1 wo Hundred Dollars. A P PEA r,.— Appeal from the judgment o\ such Stipendiary Magistrates (on the Ireaty Shore), in all civil rases where the amount exceeds i!4o, to the Supreme Court in St. John s or on Circuit. The Magistrate may require security for pay- ment of claim and costs. Supreme Court may prescribe rules for regulating such bee Sloiles' Jus. Manual, p. 477. {/)) For fuller information, sec notes. E. M. Archibald's Digest, pp. 55 & 56. 531 jurisdiction of Justices of the Peace. ent on the Government thereof, situate and lying between the Northern and Western limits of the Central District, and Cape Norman in the Straits of Belle Isk. inclusive of the Settlements contiguous to the said Cape. 4. The Southern District comprises and includes all that portion of the Island, and the Bays and Rivers of the same, and the Islands in or adjacent thereto, and depend- ent on the Government thereof, lying and situate between Cape Norman, aforesaid, and proceeding by the Western, Southern and Eastern shores to the L;i Manche River aforesaid. 5. Labrador is thus defined in the Governor's Commis- sion : " All the Coasts of Labrador, from the entrance of Hudson's Straits to a line to be drawn, due North and South, from Anse Sable n on the said Coast to the fifty- second degree of North Latitude, and all the Islands adja- cent to that part of the said Coast of Labrador, as also of all forts and garrisons erected and established, or which shall be erecti or established within or on the Islands and Coast aforesaid, {a) 6. Whilst the general rule holds good that the Justice's jurisdiction is in general confined to the District named in his Commission, (d) there are certain cases in which his (a) The Imperial Act, -19 Geo. 3, C. 27, S. 14, annexes to the Government of Newfoundland, the Island of Anticosti, and the Coast of Labrador to the River ht. John, but by the Imperia- Act 6 Geo. 4, C. 59, S. 9, this Island and part of the La- brador is reannexed to Canada, and the boundary of so much of Labrador as re- mains subject to the Government of Newfoundland, is defined in accordance with the Governor's Commission as given above. (6) Some Stipendiary Magistrates and some Honorary Magistrates are Justices of the Peace for the Island of Newfoundland and its Dependencies : m that case their Iiirisdiction extends over Newfoundland and Labrador. AH the District Judges have such jurisdiction, ^.v <>///i!i to identify the offender. In ordi'-.a-y cases of assault, and in bastardy cases, the practice is to send the Warr.tnt by post to the Magistrati^ rcsidi::i neatest to where offender is, and generally there is some one who can prov. tue ,1^ 'ature and identify prisoner. (d) A British ship is in law part of the Territow of the United Kingdom, and all on board are at all times and in all jjlaces, subject to English Law. 'I'his is the general principle. This special power is given by Statute, (see Arc/i. Crim. p. 30 &3i)- (n committed, receives, pro- tects, or assists the felon. In sudden unpremeditated crimes, there can be no ac- cessories before the fact. There are no accessories in crimes under the degree of felony, and'tliere are no accessories in treasou. The word I'Vlony is ex[)lained in the Cliapter on Criminal Law. For fuller information about accessories, see k'errs. Blue, 44'i, I 5JS yurisdiction of Justices of the Peace. 9. All ofiences whatsoever, committed in British ships at sea, or by British subjects in a foreign ship, may be taken cogni7,ance of by a Justice of the Peace residing at any port or place where such vessel shall arrive, in the same manner precisely as if the offence were committed {a) within the Justice's District. 10. Larceny (which means stealing) may be dealt with in any District where the offence wa^. committed, or in any District through or into which the stolen property may have been carried by the thief ; or if stolen in one District and in the possession of the thief in another, in either District, {b) 11. Larceny from wrecks may be tried either in the District where the offence was committed, or in the Dis- trict next adjoining; the word tried, all through this Chapter, only means that you are to arrest the guilty parties as soon as you can, and take the examination of the witnesses, &c., as explained in the Chapter on In- dictable offences, {c) 12. In all cases where property or title to land is in question, Justices of the Peace have no jurisdiction to try and determine the case in a summary manner. 13. This question may arise in a case of assault; for example : John Snow is in possession of land ; William (a) Oke.Ssi. 852. NotPS. \c) ruf further information on this subject, see Arck-bald Cvim.PUo.dhig. from P- as- lii 534 ynrisdiction of Justices of the Peace. Brown, putting ur a new fence on the Ian 1 adjoining, comes in on thr, land Snow claims. Snow tclh him not to put up the fence there, and not to come in on the land ; Brown persists in coming in on the land and i'l putting up the fence; Snow forcibly removes him off the land with- out unnecessary violence, and without committing a breach of the peace, and probably knocks down the fence, {a) Now, in this case, if the Justice found that Snow was in possession of the land he claimed for jome considerable length of time, or had honestly some claim on it, he would be bound to dismiss the case on those facts being shewn to his satisfaction ; he could not try the question as to which o. the two. Brown or Snow, had the better title to the land. 14. A case of this kind may also arise under the Local Malicious Injuries' Act, and under the Imperial Mali- cious Injuries' Act. I'^or instance, if Snow were to cut down a fence or a gate which Brown had placed on land which Sno\. claimed ; if the same claim were honestly set up as in the former case, he could not be tried by the Jus- tice, either under the Local or Imperial Act. " Whenever this question of title is raised, the Justice must determine from all the facta and circumstances of the cases, whether the Defendant produces evidence or not, whether the claim of right set ii|) in himself or those under whom ! e claims (fl) are Oiislor of Jurisdlrtlcm nnd (>\cou- tir* l*o«t. g| f PP feiBi!:A^-ig'' 535 Jurisdiction of Justices of the Peace. to act is made bona fide, that is in gocJ faith, and with a show of reason." (a) 15. I would advise the Justice, in all cases where it is practicable, to determine this question, without going further into the facts of the case than is a solutely neces- sary for him to arrive at a decision whether the question of title is bona fide raised, or not — as it would be obvious- ly out of place for him to hear the whole case, and then, after all the time and labor bestowed on it, find at the end that he had no right to deal with the case at all. (b) \i\ I have Konc fully into this question of title, and have endeavoied to make it as dear and intelligible as I possibly could in the limits of this small woik. 1 have done .0 because I am aware that much misapprchensicn exists concerning the Mibiect and cases arc constantly arising before Outport Magistrates in \vhi;h tins (luestio'n is involved, 'llic present stale of Law on this subject requires some chance. Land in i:ngland or Ireland is considered almost a sacred thnig, and its tenure is complicated. In this country, .specially in Ontharbors. it is of very small money value generally, and the title t.> land is simple. A receipt for tin. nurchase money in which the particular land is identified, passes the seller s title o the Durchaser, iio matter what its value. Generally speakmg, 20 years undisturb- ed possession is good against all tlie xNorld, except thr Crown. 60 years is good against the Crown. A Government grant is e<|uivalent to 60 years POf «;;;;•"'": Hie Registration I ,aw is simple. Under our present l-.iw an honcrary MagisUal miclit try a wages case that involved any amount, but the smallest dispute aboui lam> not worth ten shillings can .v.ily In- tried before the Supreme Court, either in St >hn's or on Circuit, and at such cost that it practically operates as a denial oi jub.ice to a poor man. i / 536 Actions and other Proceedings against yustices. ACTIONS AND OTHER PROCEEDINGS AGAINST JUSTICES. ^ S'iCTIONS 1. Observation on Act (or protection of Iiir,tice.s. 2. When Justices lialtle to ;iii Ac- tion. Acts done with jurisdiction. .Acts done without jurisdiction. Against whom Action to be brought. Rule wlien discretionary power is given to a [usticc. Rule Nisi of Supreme Court when justices refuse to act. .\o Action wiiere conviction or order confirnied on appeal. !». Judge may stay proceedings where Action prohibited. Actions to be commenced in six months. One monlii's notice to be given. Vtniue not applicable. Defendaiu under general issue m-iy give special nmtters of de- fence in evidence. . Tender and payment into Court. 15. Nonsuit. 16. Damages. 17. Costs. i8. Man(himus. ig. Proper course to stale u Case, when Justice's decision errone- ous. 30. i\t ndamus instead. 3- 4- 5- (J. 7- 8. lo. n. 12. JJ- M SKCTIONS ai. Ckrtiokari. 23. Certiorari defined. 33. No special I^aw required. 24. Difference l)etween Certiorari and Appeal. 2^. ICffect of express worils taking away Certiorari ; Attornf^ Gen- eral's right, t"tc. 26. No Certiorari whilst .\ppeal de- pending. 27. Purpose of Writ; getting Jus- tice's defective order quasncd. 28. Not to be quashed for want of form. 29. When jurisdiction shewn on face of coi.victioii, cannot enquire as to soundness of conclusion. JO. When conviction good 011 face, no evidence received to contra- diet it. 31. Must be sued out within six montlis — notice — security. 32. How return made to Certiorari by (usticc. 3j. Words, " nor l)c removed by Cer- tiorari," does not take away right to state a case. 34. Hmik.as Corpus. 35. Rule Nisi for Habeas Corpus. 36. Amendments after issue of Ruk Nisi. >7. Oiminal Inlormallon or Indict- ment against Justices, f . Whilst Justices of the Peace arc obliged by Law to perform the various duties imposed upon them, they are vory properly protected from vexatious actions for acts done by them in the execution of iieir office. A heavy responsibility is imijoscd upon them, however, when they cither wilfully or negligently transgress the bounds of their authority. The principal Act for the protection of Jus- tices is the Imperial Act, ii & 12 Victoria, Cap. 44, which disused; Rule Nisi 537 Actions and other Proceedings against Justices, M% has now become part of the Law ot <■" "^ Colony, {a) and a summary of all parts of which, applicaDlc to the Colony, is given in this Chapter. 2. "The general rule of Magisterial responsibility is this: if a Justice h2^^ Jurisdiction over the subject matter laid before him, and acts judicially, be is not liable to an action for any act done within it, however erroneous the conclusion at which he arrives may be." The great point, therefore, for a Justice to con:,ider, in all cases, is,—" Have I Jurisdiction in the matter?" "But in cases either in which he has not jurisdiction, or exceeds it, {b) he will be liable to an action for damages to the party aggrieved "— Oke. p. 38. IMPERIAL ACT. 11 & 12 VICTORIA. Cy\P. 44- PROTl.CriON OF JUSIICES FROM VEXATIOUS ACTIONS, &C. 3. Acts done with Jurisdiction. — Every action against a Justice for any act dene in the c iccution of hi** duty with respect to any matter within his jurisdiction, must be by an action on the case, as for a tort, and the declaration e.xpicssly allege that the act w:is done malici- ously and without reasonable anc! probable cause [sec Basebc v. Matthews, 16 A. T. (N.) /u?], and il at the trial such allegation be not provet' plaintiff shall he nonsuit, or a verdict given for the defendant. [11 & I2 (a) Oonsol. Stal. p. 65a. , , ., ib) ExcecdinR jurlsdlcllon in soini himu may inoixn not only wltcrc there s an absence of juristllLtion in fact over the case Hut also wiierc some Statutable or formal requisite has beun omitted, if such r<>on application, to a copy of the conviction from tne con- viclitig Justice; but the lustice is not bound by the copy he has dt^livered, Oke. p. 39. CtHviciioH is the formal Judgment of the Justices, under their summary jurisdic- tion in Criminal cases, when reduced to writing under their hands and seals : as to the difference between orders and loiiviifions, see /'a/ey, 5th l'",d. 159 et. sc(i. (c) The effect of the and and 8lh sections of this Act is, tliat the conviction muM be (|uashed before the injured jiarly can comnience an action, and that the action must ' 12. Vp:nue. — The next Sec, 10, refers to the bringing of Actions in the Court (/;) within the District of which the act complained of was committed. This would have no reference here, as such Actions would always be taken (a) Ciilpiul.-M- inontli merns Iroiii a Ki»uii diitf in one month, to a given diUf in another •nonth.— (Oke, p. 40.) (*) Tins Section also referts to Actions being brouRJit in County Courts, (here istrict Courts), and to tlio Justice's power to ol)ject to having his case tried there. A similar provision is contained in the District Con prticticp such Actions HDuld nc\er be tried in a Distr Dist Court Acts ; but us u mutter of ict ^ 1.0 I.I 1.25 us M2.5 S '^ 12.2 Z ■:£ 112.0 u ^ 1.8 lA. Ill 1.6 6" — 7^. '>>■ l/^N-i Photogniphic Sciences Corporation 13 WIST MAIN STRfIT WIISTIII,NY 14960 (7U) 171-4903 Mp^ ^^n ^6> 546 Stating a Case. conviction, order, determination, or other proceeding of a Court of Summary Jurisdiction, on the ground that it is erroneous in point of law, or /;/ excess of jurisdiction, may apply to the Supreme Court to state a special case, set- ting forth the facts of the case, and the grounds on which the proceeding is questioned, and if the Court decline to state the case, may apply to the Supreme Court for an order requiring the case to be stated." These gen'^ral words will include nearly every case which comes under the Summary Jurisdiction of Magis- trates ; it is held to include the refusal to make orders, &c. The Superior Court (here the Supreme Court), may make rules prescribing the times for Stating the Case. One of these rules, made by the Superior Courts in Eng- land, contain the following. Application to Justices to state a special case, shall be in writing, and may be made at any time within seven days after the date of the proceed- ing to be questioned, and the case shall be stated within three calendar months after the application (not a very prompt and summary proceeding). Notice in writing of the appeal, and copy of the case, must be given by the applicant for the case called the <' Appellant " to the oppo- site party called the " Respondent," within three days, is the time mentioned in the original Act, but this may be altered by rule of the Supreme Court. This Act affords great protection to Justices, as, after Stating a Case, they arc not liable to any costs in respect, or by reason, of an appeal, and they may, without risk of an action, enforce their conviction or order after the decision of the Supreme Court, affirming or amending the same has been made. Justices will do well to act on their own judgment whether 547 Stating a Case. applications to State a Case are frivolous. Cases are not to be granted anelss some point of law, or some question of jurisdiction, is raised. The case may be sent back by the Supreme Court for amendment. The Supreme Court can, at any time on application, order the Justice to State a Case, and the Attorney General has the right, by the Statute, to order a case. I. Decisions to bk Final.— The Court to which a case is transmitted under this Act shall hear and determine the qt^estion or questions of law arising thereon, and shall thereupon reverse, affirm, or amend the determination in respect of which the case has been stated, or remit the matter to the Justice, with the opinion of the Court there- on, or may make such other order in relation to the mat- ter, and may make such orders as to costs, as to the Court may seem fit; and all such orders shall be final and con- clusive on all parties : Provided always, that no Ju.stice of the Peace who shall state and deliver a case in pursuance of this Act shall be liable to any costs in respect or by reasons of such appeal against his determination. 3. Justices may File Affidavit. — The Imperial Act, 35 & 36 Vic, Cap 26, is an amendment of this Act, 20 & 2 1 Vic, Cap. 43, and therefore applicable to the Colony. Its preamble recites thrt, " whereas ex parte proceedings are frequently taken in the Scperior Courts to bring under re- view the decisions of Justices, and there is no fund at the disposal of such Justices to defray the expenses of ap- pearing by Counsel to support their decisions. And whereas it is expedient that such Justices should, without expense to themselves, have an opportunity in such cases nn !.._, $48 StAting a Case. • ^H ■ cif informing the Court of the grounds of their dcciaidrt and of all material facts beariir,^ upon the same." Sec, 2 pro- vides, — "Wh lever a decision of a Justice is called in question by a rule to show cause or other process issued on an ex parte application, such Justice may make and file (without fee) in such Court an affidavit, setting forth the grounds of the decision brought imder rci^iew, and any facts he may consider to have a material bearing upon the question at issue." The affidavit may be sworn before a Commissioner of Supreme Court and forwarded to Chief Clerk Supreme Court, by post, for the purpose of being filed. " The Court, before making the rule absolute or otherwise determining the matter so as to ovcrruU ,jr set aside the acts or decision of the Justice, shall take into consideration the matter set forth in the affidavit, nowith- standing that no Counsel appears on behalf of the Justice." 3. Amendment of Case.— The Cour^ for the opinion of which a case is stated shall have power, if they think fit, to cause the case to be sent back for amendment, and thereupon the same shall be amended accordingly, and judgment shall be delivered after it shall have been amended. (20 & 21 Vic, c. 43, s. 7.) 4. Warrants to enforce Decision.— After the deci- sion of the Supreme Court in relation to any case stated for their opinion under this Act, the Justice in relation to whose determination the case has been stated, or any other Justice of the Peace exercising the same jurisdic- tion, shall have the same authority to enforce any convic- tion or order which may have been affirmed, amended, or made by such Supreme Court, as the Justice or Justices 549 Stating a Case. who originally decided the case would have had to enforce his or their determination, if the same had not been ap- pealed against; and no action or proceeding whatsoever shall be commenced or had against the Justice or Justices for enforcing such conviction or order, by reason of any defect in the same respectively, 5. Certiorari not required. — No Writ of Certiorari or other Writ shall be required for the removal of any con- viction, order, or other determination in relation to which a case is stated, under this Act or otherwise, for obtaining the judgment or determination of the Supreme Court 'on such case under this Act. 6. Fees to be taken by the Clerk of the Peace, (or by the Magistrate, tvhere there is no Clerk of the Peace.) Drawing case and copy, where the case docs not exceed 5 folios, of 90 words each $2.40 When case exceeds 5 folios, then for every addi- tional folio 0.24 Recognizance 1 .20 For every enlargement or renewal thereof 0.60 Certificate of refusal 0.48 7. Form of Notice to Ji'stice. To y. 5., E squire f one of Her Majesty s Justices of the Peace for the District of Newfoundland. In the matter of an information {or complaint) wherein the undersigned was {Informer or Prosecutor or Complain- ant) and (/, the undersigned,) or A, H,, was Defendan*, ,'f I '^! iii^ m I mw 55ci Stating a Case. heard before and determined by you at said District, on the day of , in the — , Being dis- satisfied with your determination in the said case, as being erroneous in point, of Law, (or in excess of jurisdiction), I hereby, pursuant to the Statute, make application to you, to stc'eand sign a case, setting forth the facts and grounds of your determination, in order that I may take the opinion thereon of Her Majesty's Supreme Court of Newfoundland. This day of , A. D. 189 . A. B.. {CompVt. or, &c.) Residing at in the said District. 8. Form of Case and Observation Thereon. The Justices, though not bound to grant a case if they are of opinion that the application is frivolous, ought nevertheless to do so when it is shown that the party ap- plying for it raises a point of lav, or a question of juris- diction. With regard to the manner in which a case should be stated, it is to be observed that the Court expects such cases to be submitted to the Judges in a complete form ; and cases for the consideration of the Judges under that Act are not to be lengthy narratives of the facts. A case for the opinion of the Supreme Court, may be stated according to the following form: — 1 551 Stating a Case. Between A. B., Appellant, and C. D., Respondent NEWFOUNDLAND, Supreme Court. This was an information [or, com- plaint] preferred by against for that, [here state shortly > the substance of the information or complaint], and after hearing the parties and the evidence adduced by th^m, the undersign- ed, being one of Her Majesty's Justices of the Peace in and for the District of --^, did thereupon [set out shortly the adjudication of the justice]. And the said Appellant, alleging that -he is dissatisfied with the said determination, as being erroneous in point of law, (or in excess of jurisdic- tion), did, within three days thereafter, apply to me, the said Justice, to state and sign a case, setting forth the facts and the grounds of such determination for the opinion thereon of the said Court. Wherefore I, the Jus- tice aforesaid, in compliance with the said request, and in pursuance of the Statute in such case made and provided, do hereby state and sign the following case for the opinion of the said Court. Case. At the hearing of the said information [or, complaint] , and on the close of the informant's [or, complainant's] case, the said [or, the attorney for the said ] was heard in answer to the matter of the said information [or, complaint] ; and it being proved on the part of the said [the informnnt or complainant], that [here set out the facts which the j ustice deems to have been proved, with such objections, &c., of either party, as will raise the point intended to be submitted], I, said Justice, did adjudge 552 Stating a Case. and determine {set put shortly iJ.c adjudication of the Justices. '\ Question. The question upon which the opinion of tlic said Court is desired is, whether I, the said Justice, upon the above statement of facts, came to a correct decision in point of law, or had jurisdiction in the matter? and if not, what should be done in the premises? ^Or, the questions of law, arising upon the above statement of * §55 Summary Jurisdiction. 6. "The License Laws, and the Laws relating to Mas- ter and Servants (sec Chapter on Master and Servants in the fishery), specially refer to Jervis's Act as regulating the proceedings under these Statutes of the Local Legis- lature. MaUcious injuries to Property should also be tried under its provisions, with the exception, that the action must be commenced within 07te mojith next after the com- mitting of the injury {7tot six months)." 7, There is a distinction made throughout this Act, which should be borne in mind between a summary con- viction and an order. T: t proceeding to obtain a sum- mary conviction in the first place, is called " laying, or ex- hibiting an information" whilsc similar ^.•proceedings for obtaining an order of Justice, is called " making a com- plaint." The practical difference between the two is this : 'a sunt' mary conviction is the record of an aflirmative judgment upon an information for an offence or act, punishable either by penalty or imprisonment. An order of Justices for the payment of money or other- wise, is also the record of a judgment of Justices upon a complaint for non-payment of a sum of money, or for the neglect to do some other act. {a) The following analysis of the Act has been compiled principally from Stones' Justices' Manual, portions of the Act which are inapplicable being omitted — the words of the Act are condensed, but the gist of every section is given. (rt) P(j/ : the defendant does not, therefore, waive the objection to an irregularity by appear- ing, but by appearing and not then objecting. A defendant cann' * be con icte \ ot a different ojence from that stated in the information ;— the v .,J ' variance" points to some difference between the allegation and the evidence, and no* to a different oKtw-,— (^Martin v. Pridgeon, 28 L. J. 179.) i^'t- W 558' yustices of the Peati. information being laid as aforesaid for any offence punish- able on conviction, the Justice before whom it is laid may, if he think fit, upon oath or affirmation bsing made before • him, substantiating the matter of such information to his' satisfaction, issue a warrant in the first instance insttad of a summons, {a) {Id. s. 2.) 13. Form of Warrant. — Every such warrant shall be under the hand and seal of the Justice issuing the same, and may be directed either to any constable or other per- son by name, or generally to the constables of the District within which the Justice has jurisdiction, and shall state shortly the matter of the information or complaint, and shall name or otherwise describe {b) the offender, and it shall order the person to whom it is directed to apprehend the offender, and bring him before one or more Justices to answer the charge, and it shall not be necessary *:o make such warrant returnable at any particular time, but the same may remain in force until it is executed. {Id. s. 3.) 14. Execution of Warrant. — Such warrants may be executed by apprehending the offender at any place with- in the District within which the Justice issuing the same has jurisdiction, or in case of a fresh pursuit, at any place in the adjoining District, within seven miles of the border I (a) A warrant remains in force until its execuMon, and docs not Im'< rjme void uy the Justice's death. Tlie mode of servf-'e directed by this section wi'l be iw»d, al- though the statute under which the offence is created prescribes some particular mode of service. ( i6 J. P., 445.) The summons isoued by a Justice of one Juris- diction, may, we conceive, be served in any other jurisdiction in the Colony. See also, ante, pp. 389 and 390, f *^ \ warrant tlsscrlbine the offender "S ——• WUioni of — — street, in the pariMi of , in the borough of L., shoemaker, whose Christian name Is UB« known, would be n sufficient Identif.catlon. (See ai J, P. 7790 5S9 ^mmaxy yurisdiction. of the iirst-mentioned District, without having the warrant backed; a,nd where the warrant is directed to all con- stables or other peace officers within the jurisdiction of the Justice issuing it, any constable or other peace officer <$l any place within the jurisdiction may execute it in any .part of the District within the jurisdiction for which the Justice acted when he granted the warrant, in like manner as if the warrant had been directed to him by name, al- though the place where the warrant is executed is not within the District for which he shoU be constable or other ,.pe«ce .officer. {Id. s. 3.) 15. Hacking Warrant.— -The provisions of the 11 & 12 Vic, Cap. 42 {ante), as to the backing of warrants, are to extend to warrants issued under this Act. {Id. s. 3.) ,16. Defect in Warrant. — No objection to the war- rant shall be allowed for any alleged defect in substance or form, or any variance between it and the evidence ad- duced ; hut if the Justice or Justices shall at the hearing think the party charged has been deceived or misled by such variation, he or they may adjourn the case on such terms as he or they may think fit, and in the meantime commit the defendant to prison or place of security, or discharge him on his entering into a recognizance with or without sureties conditioned for his appearance at the time and place of adjournment; and if he fail to appear the Justice then present, upon certifying such non-appearance on the back of the recognizance, may transmit it. {Id 8. 3.) 17. DSbCRiPTION OF O'rt'NERS, ETC. — in any iniorma- ii I i 1 560 Justices of the Peace, tion or complaint, or proceedings thereon, in which it is necessary to state the ownership of any property belong- ing to or in the possession of partners, joint tenants, par- ceners, or tenants in common, it shall be sufficient to name one of such persons and to state the property to belong to the person so named and another or others (as the case may be), and in any case to describe any partners, joint tenants, parceners, or tenants in common in a similar manner. (M s. 4.) 18 Aiders and Abettors. — Every person who shall aid, abet, counsei, or procure the commission of any of- fence now or hereafter punishable on summary conviction, shall be liable to be proceeded against and convicted for the same, either together with the principal offender, or before or after his convictio -, and shall be liable, on conviction, to the same forfeiture qnd punishment as such principal offender is liable, and may be proceeded against, either in the District or place where the principal offender may be convicted, or in that in which the offence of aiding, &c., may have been committed. (/ir.. . ...n.riiit <^r iii>i\<-<>liir or Ritiaratelv. If desired bv the defendants, it will be prudent Id hear them separately. iSteR.\. Oidland, rj U \. (M.C.KaS: Ex part* urown, 16 J. P. 69 ; Ex partt lUggings, a6 J. P. 044 ; and R, v. Uttltchild, 35 J. P. 86.) S64 Justices of the Peace. liciously, wilfully, knowingly, &c.," are used in the statute, they should be also used in the information.) 24. Limitation of Time. — In all cases where no time is specially limited, such cbmplaint shall be made or infor- mation laid within six calendar months from the time when the matter of it arose. {Id. s. 11.) 25. Hearing. — Every such complaint and informatiori shall be heard and adjudged by one or two or more Jus- tice or Justices, as directed by the statute in that behalf, or, if there be no direction, ty any one justice for the Dis- trict or place where the matter of such infon.iation arose 1 and the room or place (a) where such Justice or Justices shall sit to hear and try any such complaint and informa* tion shall be deemed an open and public court (b), to which the public may have access, so far as it can con- veniently contain them ; and the party charged shall bje admitted to make his full answer and olefence, and to have the witnesses examined -and crossed-examined by counsel II *ii^ (a) Time.— In cases where monies, &c., are to be recovered in manner directed by Jcrvis's Act. the complaint arises when the demand is made, and the money not paid, and not when the works were completed. {^Labalmondiere v. Addison, 33 J. P. 361.) The time of limitatio .ot begin vmtil the matter of complaint is com- plete {Jacomb v. Dodgson, 27 1. 1'. 68, and Mayer v. Harding, 17 L. T. I40) ; and It will not apply in the case of a continuing offence, as for instance, the emission of smoke from the want of an efficient alteration of a chimney. {Higgiv/fs v. Northwich Union, 32 L. T. (N.) 752.] An encroachment by the erection of a fence, is not a continuing oflence. (Ranking v. Forbes, 34 J. P. 486. See jyeat, 34 T. P. 513-) (*) The Justices may, we have no doubt, pursue the courbc adopted by the Superior Judges, where decency requires such a step, and exclude women and boys in cases of bastardy, or other similar investigations. In proceedings under II & 13 Vict., c. 43, s. 19 (as to indictable offences), the place where the Justices sit is not an open court, and the public may be excluded. open Court.— Contempt of 6'o«//.— Persons should comhicf tliemsclves orderly, otherwise ihcy should dc ejected from the Court bv the uonsiabie on liio Jiisiicc's order. 565 Summary Jurisdiction. or attorney ; {a) and every such complainant and inform- ant shall be at liberty to conduct such complaint or infor- mation respectively, and to have the witnesses examined and cross-examined by counsel or attorney. {Id. s. 12.) 26. Non-appearance of DEr. ndant.— -If at the time and place appointed by the summons for hearing the com- plaint or information, the defendant does not appear when called, the constable or other person who served the sum- mons shall then declare upon oath in what manner he served the summons ; and if it appear, to the satisfaction of any Justice, that he duly served the summons, such Justice may proceed to hear and determine the case in the absence of the defendant, or may issue his warrant in man- ner hereinbefore directed, and adjourn the hearing until the defendant is apprehended ; and when the defendant is apprehended under the warrant, he shall be brought before the same or some other Justice of the same District, or place, who shall either by warrant commit (/;) such de- fendant to prison, or verbally to the custody of the con- stable or other person who si all have apprehended him, or to such other safe custody as he or they shall deem fit, and order the defendant to be brought up at a certain time and place before such Justice as shall then be there, of which order the complainant or informant shall have due notice. (A/, s. 13.) (a) In Cabbttt v. Hudson, aa L. J. (N. S.), it was decided a peison couW act as his own advocate, and afterwards give evidence as a witness- L, T. N. S. bvi C,^'*^.-^,«^.. 56; Summary Jurisdiction. 29. When Defendant admits the Charge. — Where the defendant is present at the hearing, the substance of the information or complaint shall be staled to him, and he shall be asked if he have any cause to show why bo should not be convicted, or why an order should not be made against him (as the case may be) («), and if he ad- mit the truth of the ir c- nation or complaint, and shows no cause or no sufficient cause why he should not be con- victed, or an order made against him, then the Justice pre- sent at the hearing shall convict him, or make an order accordingly. {Id. s. 14.) 30. When Defendant does not admit the CiiARCiE. — 1( the defendant docs not admit the truth of the infor- mation or complaint, then the Justice shall proceed to hear the prosecutor or complainant, and such witnesses as he may exaaiine, and such other evidence as he may ad- duce in support of his information or complaint; and also to hear the defendant and such witnesses as he may ex- amine, and such other evidence as he may adduce in his defence, and suc'i witnesses as the prosecutor or complain- ant may examine in reply, if the defendant has examined any witnesses or given any evidence other than as to his the justices after the issuinR of the summons, Queen's Bencli held the justices had jurisdiction to try and determine the case, and that the conviction co'u'd not be quashed. Keg. v. jfustice^ of Wiltshire, 8 I^. '1'. (N. S.), 242. Oke 156, 157. Generally in such eases under su:nmary jurisdiction where the matter is nof of a public nature the Magistrates will not object to a conipromisc. Rehearing. — Magistrates are sometimes asked to rehear a case. They have no power to do ao after having once delivered their judgment. Stone 440. (a) The information need not be re-sworn in presence of defendant. The usual way to conduct the case, is for the Clerk of the I'eace or Magistrate to read over iHi! coiTi^ls-int to cisffi!if!iint or vv!it*!i tHort* is no oo!Tvi!;i!!it to tj*!! liif^i «i>v»rt# *iw» charge is against him — and then to ask him vvheiher he is guilty or not guilty ot the cnarge ; if he ad'r.its the charge he can be there and then convicted. Ohe 159. 1 3 ■ i K I i* . 568 Justices of the Peace. (the defendant's) general character; but the prosecute or complainant shall not be entitled to make any observations in reply upon the evidence given by the defendant, nor shall the defendant be entitled to make any observations in reply upon the evidence given by the prosecutor or complainant in reply ; and the Justice or Justices, having heard what each party shall have to say, and the witnesses and evidence, shall consider the v/hole matter and deter- mine the same, and shall convict or make an order upon the defendant, or dismiss the information or complaint, as the case may be {^Id. s. 14.) {a) 3 1 . Where convicted or Order Made. — If the de- fendant is convicted, or an order made against him, a minute or memv)randum thereof shall then be made, ' >r which no fee shall be paid, and the conviction or order shall afterwards be drawn up and lodged with the Clerk of the Peace. {Id. s. 14.) When once the order is delivered out, it cannot be altered. Conviction may be altered. m 32. When the Information is dismissed. — If the Justice or Justices shall dismiss the information or com- plaint, he or they may (if required) make an order of dis- missal of the same, and give the defendant (b) a certificate (a) The same strictness and regularity should be pursued in examining and taking down the evidence of the various witnesses as are resorted to in the Supe- rior Coiirts. . No reply allowed.— "So reply is allowed upon evidence nor a general reply. 1 nc observations being confined to the -faring statement of complainant and the statement of the defendant in his defence. (b) Tiie certificate should not be given unless the information was dismissed on {j,,. merits • if therefore, it was dismissed on the ground that it was not laid by a police oflii''^.,'as required under 23 Vict., c. 27, s. 30, a certificate should not be granted. (See Foster v. Hulls 33, J. P. c-jg.) i 569 Summary Jurisdiction. thereof, which certificate, upon being produced, without further proof, shall be a bar to any subsequent information or complaint, for the same matter against the same party. {Id. s. 14) 33. Negative Exceptions.— If the information or com- plaint negative any exemption («), exception, proviso, or condition in the statute on which it is framed, it shall not be necessary for the prosecutor or complainant to prove such negative, but the defendant may prove the affirmative thereof in his defence. {Id. s. H-) 34. When Prosecutors an > Complainants may be Witnesses. — Every prosecutor of any such information, not having any pecuniary interest .n the result, and every complainant, whatever his interest may be, shall be a com- petent witness to support the information or complaint. {Id. s. IS-) 35. Examination upon Oath.— Every witness to be examined upon oath or affirmation, and the Justice or Jus- tices shall have full power to administer to every such witness the usual oath or affirmation. {Id. s. 15.) 36. Adjournment.— Before or during the hearing, any one Justice, or the Justices present, may adjourn the hear- ing to a certain time and place ^hen appointed and stated in the presence and hearing of thv. partic". or their attormes 5, irrespective of any question as to his » ^ouHBovamiiiprl in all summary prq-. pecuniary jntcrcsi in itic ic^uit. j ■'!••••• -/ cecdings if they think fit. See Consol. Stat., p. 150. (a) An informer is competent in all cases, 570 Justices of the Peace. or igents present {a), and in the meantime suffer the de- fendant to go at large or commit him to the gaol, or to such other safe custody as the Justice shall think fit, or discharge him upon his entering into a recognizunce, with or w'thout siireties, conditional for his appearance at the time and place to which the hearing is adjourned. (/<■/. s. 16.) (/;) !? W\ (a) The Justices can, under this section, adjourn the ease wlien Ijoth parties or their attornies or agents are present, and can, under the i3tii section, adjourn it when the defendant only appears. There is no liinitati 'n of time to which the ad- journment may be made, as in case of a remand under ii & 12 Vict., c. 42, s. 21. (20 T P. 540.) A defendant cannot claim an adjournme it as a matter ol right to en:iDle him to obtain jorofessional assistance, (fix parte Biggins, 26 7 P. 244.) Ordering Witnesses out of Gj////.— Before the case is entered into, -jither partv may apply to have the witnesses orujred out of Court, which -t-cjuest is usuallv complied with. It is unusual, hov/ever, to include in this order medical witnesses or those who are merely to speak to mere matters of form rr character, and the attornies for the respective parties are always excepted. Should the witnesses vio- late the rule and come into Court, their testimony cannot on that account be re- jected. Oke, 151. Conviction on vinu.— 'Sw the case of Kcgina v. Smith, Lord Dennian's observa- tions were these—" We think that a Magistrate empowered to convi upon llie view, ought first to call upon ihe offender for a defence. Howeve. rapid the pro- ceedings may be, there must be ume for stating a charge and for receiving a.i an- swer to it. A driver seen riding upon his waggon is prima facie i fit subject for punishment, but if he coutd shew that he was compelled so to ride bv supervening illness, or some acudcnt the penalty should be remitted. Okc recom'mends a ;u.)i- mons or warrant j issue, excejjt perhaps where apprehension without warrant is allowed by statute. £)/*/?, p. 151. {b) Aii/ournnent.—'lhe Magistrate is not obliged to fix the penalty or imorison. ment at the instant of conviction ; he may take time to -onsider liis iud>''ment. Oke, p. 163. ' " Conv>aion.—Ha\'\nir determined to convict ur inal . an order, the justice should openly pronounce his complete judgment in open Court, and should state in his jddgment, the fine, imprisonment, costs, &c., that he adjudges in the case. yudgment.— With respect to the functions of Justices in summary cases it is thus laid down—" Upon summary proceedings before Magistrates they are placed in the situation of a jury, and the degree of credit to be attai hed to'the evidence is for their consideration and judgment. Since, however, the proceedings before them are usually of a criminal and jjenal nature, and as they are substituted for a jury, who m .st, in orJer to convict, have all been satisfied by the evidence of the criminality of the defendant, the evidence ought to be fullv satisfactory and con- vincing to the mind and con^ience of the Magistrate before he pronounces the party to have been guilty— if any reasonable doubt exists in his mind the parly charged is entitletl to the benefit of tli:>t doubt. Such casts differ materially from those where mere civil rights are concerned, and where the mere preponderance o! evidence may be sufticient to decide the question. In point ot law the '-vidon'-i' will support a conviction Ijy a Magistrate, if there was such evidence as would Iiave been sufficient to have t";en left to a jury. i>- 'f the Magistratr. acquit where 5?i Summary Jurisdiction. 37. Non-appearance of Parties. — If at the time and place to which the hearinfj has been adjourned, either or both of such parties shall not appear personally or by- counsel or attorney, the Justice then present may proceed to the hearing as it such party or parties were present ; or if the frc/^cutor or compla'nant do not appear, the Jus- tice may di^ niss the information or complaint with or without costs. (11 & 12 Vict., c. 43, s. 16.) 38, Defendani discharged on Recognizance not APPEARING — In all cases where a defendant discharged on recogr izance as aforesaid does not appear accordingly, the ■ Justice v'^o has taken the recognizance, or any other Jus- tice then present, upon certifying such nc.i-appearance on the back of the recognizance, may transmit the recogniz- ance. {Id. r. 16.) 39. Form of Convictions and Orders. — Where no particular form of conviction or order shall be given by the statute creating the offence or authorizing the order, and in all cases of {a) convictions or orders, under statutes hitherto passed, whether any particular form shall therein be given or not, the conviction or order may be drawn up in the form mentioned in the schedrle to this Act. {Id. s. 17.) there seems \' jc a. prima facie evidence to convict, his judgment cannot be ques- tioned, for no other Court 'can i''.df,e of the credit (..le to witnesses who nre not ex- amined there." 2 Stark-e livid. 331. ( Oke, pp. 16:!, 163.) (a) The form g .en will apply to all convictions iind orders made under statutes passed previously to this Act which are not excluded from its operation by virtue of the 3Sth section. (R. ,'. Hyde, 21 /,. J. 94. '^"'l ^'' AUison. 24 /.. J. 73.) It will alio apply io convictions or orders nnd^-r statute?. pasRert since, •'-.less they give a different forr.> h . I '11 572 Justices of the Peace. 40. Notice of Orders. — In all cases where, by statute, authority is given to commit a person to prison, or to levy any sum by distress, for not obeying any order of a Jus- tice, the defendant shall be served with a copy of the minute (a) of such order before any warrant of commit- ment or distress shall i»sue ; and such order or minute shall not form any part of such warrant of commitment or distress. {Id. s. 17.) 41. Costs. — In all cases of summary conviction or of orders made by a Justice, he may, at discretion, award and order, in the conviction or order, that the defendant ihall pay to the prosecutor or complainant respectively such costs {b) as to the Justice shall seem reasonable, and in cases where such Justice shall, instead of convicting or making an order, dismiss the information or com[ilaint, it shall be la^vful for him at his discretion, by his order of dismissal, to award and order that the prosecutor or com- plainant shall pay to the defendant such costs as to the Justice shall seem just and reasonable ; aod the sums so allowed for costs shall in all cases be specified in the con- :% l1'' 111) The minute may be served l)rfoie the formal ordpr in signed The order will liiivc relation back to the time of tlie verbii! adjudication, {K. v, J, J. Hunt' iHjgdoHshire, 19 L. J. 127 ; Rait v. Parkinson, an A. J. ao8.; No miniitP of 11 con- virlion need in any en ,e be served. This re(|uirement is confined to orders. (b) The lustices should specify the amoi'it of costs in the conviction or order. (I Arch, *i,) It is not usual in summary proceedings to allow the fee of an at- torney, but there s(H'n»s to be no legal objection Jigainst doing so. (a6 ). P. 748.) See Oke, p. 1-/4, where fee to attorney is allowed; a\&o, Sauiuitrs, p," 99, where same rule is laid down. Unless there be a conviction or order the deft^ndant can- not be ordered to pay costs to the complainant. In trivial cases it is not, however, unufuul for the (uslices to allow the informntion to be withdrawn on the defendant contenting to pay exix-nses. In case of a first conviction under 34 \ 35 Vict., (;. 06, or Q). the Justice is enu.ioworcl by those Acts to disch.argf the Qf!'end'*r on his making satisfaction lo the parly aggrieved for dantixges and costs or either >'! them as ascertaineil by the justice. h I ^73 Summary ynrisdtction. viction or order, or order of dismissal, and be recoverable in the same manner, and under the same warrants, as any penalty or sum of money, adjudged to be paid by such conviction or order is recoverable ; and in cases where there is no such penalty or sum, then such costs shall be recoverable by distress and sale of the goods of the ;^arty, and in default of distress, by imprisonment, with or with- out hard labor. See scale in Summary Jurisdiction Act, 1879. 42. Warrants of Distress. — Where a conviction ad- judges a pecuniary penalty or compensation to be paid, or where an order requires the payment of a sum of money, and by the statute authorizing such conviction or order, such penalty, compensation, or sum of money is to be levied upon the goods and chattels of the defendant by distress and sale ; and also in cases where, by the statute in that behalf, no mode of raising or levying such penalty, compensation, or sums )f monc} , or of enforcing payment thereof, is provided, the Justice making such conviction or order, or any Justice of the same District, may issue a war- rant of distres.s for levying the jamc. {hi. s. 19.) 43. May UK HACKKI). — If after delivery of such warrant of distress to the constable or constables to whom it is directed, sufficient distress shall not be found within the jurisdiction of the Justice granting it, then, upon procf alone on oath of the handwriting of the Justice granting the warrant, before any Justice of any other District, such last-mentioned Justice shall make an endorsement on the warrant si'i^ncd bv him-, authorizing tlic execution of such warrant within his jurisdiction, and the penalty or sum and MM |w n I I m ■;: 574 .sHccs of the Peace. costs, or so much thereof as have not been levied or paid, may be levied in such other' District. {Id. s. 19.) 44. Where no Goods or Distress ruinous, — When- ever it shall appear to any Justice to whom application is made for any such warrant of distress, that the issuing thereof would be ruinous to the defendant and his family, or whenever it shall appear, by the confession of the de- fendant or otherwise, that he has no goods or chattels whereon to levy the distress, such Justice may, instead of issuing a warrant of distress, commit the defendant to the gaol, to be imprisoned, for such time and in such mann':f as such defendant might be committed in case such warrant of distress had issued and no goods could be found. {I(L s. 19.) 45. Custody of Defendant until Return of Dis- tress Warrant. — When a Justice issues such warrant 3f distress he may suffer the defendant to go at large, or verbally, or by a written warrant, order the defendant to be kept in safe custody until the return be made to such warrant of distress, imlcss the defendant giv'c sufficient se- curity, by recognizance or otherwise, to the satisfaction of the Justice, foi his appearance before him at the time and place appointed for the return of the warrant, or before such Justice as may then be there ; and if the defendant shall give security by recognizance, and fail t(^ reappear, any Justice then present, upon certifying such non-appear- ance on the back of the rccut.».nizance, may transmit the same. {Id. s, JO.) 46. WllKKK NOT sri I K II \ I I >ivi KK.s.s. — jf, at thc time 575 Summary Jiirisdictinu. and place appointed for the return of any such >varrant of distress, the constable who shall have had the execution of the same shall return that he could find no goods or no sufficient goods whereon he could levy the sum therein mentioned, and costs of levying it, the Justice before whom it is returned may issue a warrant of commitment directed to the same or any other constable, reciting the conviction or order shortly, the issuing the warrant of distress and the return thereto, and requiring such constable to convey the defendant to the gaol, there to be imprisoned in such a manner and for such time as directed by the statute on which the conviction or order was founded, unless the sum or sums adjudged to be paid, and all costs of the distress and of the commitment, and of conveying the defendant to prison, if the Justice sliall so order (the amount being as- certained, and stated in the commitment), shall be sooner paid. {Id. s, 2 1.) 47. Where ihh Stai-ute provides no remedy in DEFAULT 01 UlSTRE.ss. — In all cases where Justices are authorized to issue warrants ot distress to levy penalties, or other sums recovered before them, but no further remedy is thereby provided in case no sufficient distress be found ; and in all cases of convictions or orders where the statute on which they arc ft)undcd provides m remedy, jp case it shall be returned to a warrant of distress that no sufficient goods can be found, the Justice to whom such return is made, or any other Justice of the same Dis- trict, may, by warrant, commit the defendant to gaol (pro- pssrtion.cd as to time sec scct= 40), unless the sum ad- judged to be paid, and all costs of the distress commit- lie -i^ 4 M ¥ Justices of the Peace. ment, and of conveying the defenr- amount be" ig ascertained and stated shall be sooner paid. {Id. s, 22,) to prison (the commitment), 48. Commitment in the First Instance for Non- payment OF Penalty or Money.— In all cases where the statute by virtue of which a conviction for a penalty or compensation, or an order for the payment of money, is made, makes no provision for such penalty or compensa- tion or sum being levied by distress, but directs that if the same be uol paid forthwith, or within a certain time there- ui mentioned, or to be mentioned in such conviction or order, the defendant shall be imprisoned, or imprisoned imless the same shall be sooner paid, in every such case the same shall not be levied by distress ; but iC the de- fendant do not pay the same, with costs, if awarded, forth- with, or at the time specified in the conviction or order, the Justice ir«aking such conviction or order, or any other Justice of the same District, may issue a warrant of com- mitment requiring the constable to whom it is directed, to convey the defendant to gaol, to be imprisoned, for such time as the statute on which the conviction or order is founded shall direct, tmless the sum adjudged to be paid, and the costs of conveying the defendant to prison (if so ordered), shall be sooner paid. {Id s. 23.) 49. Where the Conviction or Order directs Im- prisonment ONLY. — Wliere a conviction does not order the payment of any penalty but that the defendant be im- prisoned for his offence, or where an order is not for the payment of money, but for the doing of some other act, and directs that in case of the defendant's neglect or re- 577 Sumutary Junsdiction, fusal to do such act he shall be imprisoned, and the de- fendant neglects or refuses to do such act, then the Justice making the conviction or order, or some other Justice, n \ h,p iu hnnnd to sh.cw lil*^ wurraiit to the '"iersoii wliose jroods are dis- trainetl, if lie be so required, and to permit a copy to be taken, liut he must not part with the warrant out of his possession. .^'^'•"wm.vnMwWHI 58i Summary Juris diction. 57. PAYMEhr OF Penalties, etc. — In every warrant of distress, the constable or other person to whom it is direct- ed shall be therebj^ ordered to pay the amount of the sum to be levied to the Clerk of the Peace, and if received by the constable or thj gaoler, the same are to be paid over by him to the clerk. {Id. s. 31.) j3. Forms. — -The forms in the schedule, or forms to the like effect, are to be valid. {Id. s. 32.) IMPERIAL ACT 11 & 12 VICTORIA, Cap. 43. Appendix of Forms. No. I. Summons to the Defendant upon an Information or Complaint. -District, \ NEWFOUNDLAND, -to wit. S To A. B. of — -, Fisherman. Whereas information hath this day been laid {or com- plaint hath this day been made) before the undersigned Justice of the Peace for the said District, for that you . {here state shortly the matter of the information or com- plaint) : These are therefore to command you, in Her Majesty's name, to be and appear on , at o'clock in the forenoon, at , before such Justices of the Peace for the said District as may then be there, to an- le nuisl not Note. — All the forms here given should be lieaded like this first one, New- foundland, &c., and all should have the ,.eal of the Justice. 1 , 5 justices of the Peace. svver to the said information or complaint, and to be fur- ther dealt with according to Law. Given under my Band and Seal, this day of , in the year of our Lord at in the District aforesaid. J. S. (L. s.) No. 2. Warrant where the Sununons is disobeyed. To the Constable of and to all other Constables in the said District. Whereas on last past information was laid {or complaint was made) before the undersii^med, Justice of the Peace for the said District for that A. B. {^dfc., as in the summons) : And whereas I then issued my summons unto the said A. B., commanding him, in Her Majesty's name, to be and appear on at o'clock in the forenoon at before such Justices of the Peace for the said District as might then be there, to answer to the said information or complaint, and to be further dealt with ac- coiding to Law: And whereas the said A. B. hath neg- lected to be or appear at the time and place so appoint- ed in and by the said summons, although it hath now been proved to me upon Oath that the said summons hath been duly served upon the said A. B. : These are therefore to command you, in Her Majesty's name, forthwith to appre- hend the said A. B., and to bring him before some Justice of the Peace for the said District, to answer to the said in- 583 Summary Jurisdiction. r « formation or complaint, and to be further dealt with ac- cording to Law. Given under my Hand and Seal, this day of , in the year of our Lord at in the District aforesaid. J. S., J. P. (LS.) No. 3. Warrant in the First Instance. To the Constable of District, &c. Whereas information on oath hath this diiy been laid before the undersigned Justice of the Peace for the said District, for that A. B. {here state shortly the matter in the information): These are therefore to command you, in Her Majesty's name, forthwith to apprehend the said A.B., and to bring him before me or one of Her Majesty's Jus- tices of the Peace for the said District, to answer to the said information, and to be further dealt with according to Law. Given under my Hand and Seal, this day of , in the year of our LoiJ at in the District aforesaid. J. S., J. P. (L. S.) No. 4. Warrant of Committal for safe Custody during an Ad- journment of the Hearing. To W. T., Constable of a- d to the Keeper of the Gaol at Whereas on last past information was laid {or com- $m mt 584 Justices of the Peace. plaint was made) before the undersigned Justice of the Peace ^or the said District for that {&c., as in the sum- mons) : And whereas the hearing of the same is adjourned to the day of instant at o'clock in the forenoon at and it is necessary that the said A. B. should in the meantime be kept in safe custody: These are therefore to command you the said Constable, in Her Majesty's name, forthwith to convey the said A. B. to the gaol at , and there deliver him in.o the custody of the Keeper thereof, together with this Precept ; and I hereby command you the r,aid Keeper to receive the said A. B. into your custody in the said gaol, and ihere safely keep him until day of instant, when you are hereby re- quired to convey him the said A. B. at the time and place to which the said hearing is so adjourned as aforesaid, be- fore such Justice of the Peace for the said District as may then be there, to answer further to the said information or complaint, and to be further dealt wi'-h according to Law. Given under my Hand and Seal, thii day of , in the year of our Lord at in the District aforesaid. J. S., J. P. (L. s.) No. 5. Recognizance for the Appearance of the Defendant where the case is adjourned, 0^ not at once proceeded wi 'h. Proceed as in Form (S. i), page 88, and then er.dorse this condition. The , ndition of the within written Recognizance is such that if the said A. B. shall personally appear on the day of instant at o'clock in the forenoon hen erdorse 58s -Summary Jurisdiction. at before such Justice of the Peace for the said Dis- trict as may then be there, to answer further to the infor- mation {or complaint) of C. D. exhibited againsi the said A. B., and to be further dealt with according to Law, then the said Recognizance to b void, or else to stand in full force and virtue. No. 6. Summous of n Witness. To E. F, of in the said District ^y Whereas information was laid (or complaint was made) before the undersigned Justice of the Peace for the said District, for that {dfc, as in the summons) ; and it hath been made to appear to me (upon oath) that you are likely to give material evidence on behalf of the (prosecu- tor, or complainant, or defendant) in this behalf: These are therefore to require you to appear on the day of at o'clock in the forenoon at before suca Jus- tice of the Peace \cc the said District as may then be there, to testify what you shall know concerning the matter of the said information (or complaint.) Given under my Hand and Seal, this day of , in the year of our Lord at in the District aforesaid. T. Wills, ]. \ (l. s.) No. 7. Warrant ivhere a Witness has not obeyed a Summons. To the Constable of and to all otner Constables in the said District. Wh.^reas information was laid {or complaint was made) ■il t 1,1 jf" i 586 Jtistices of the Peace. before the undersigned Justice of the Peace for the said District, for that {&c., as in the summons) ; and it having been made to appear to me upon oath that E. F of m the said District, Laborer, was likely to give material evidence on behalf of the {prosccntor), I did duly i-sue my summons to the said E. F.. requiring him to be and ap- P^^' °" ^t o'clock in the forenoon of the same day at before such Justices of the Peace for the said District as might then be there, to testify what he should know concerning che said A. B., or the matter of the said information {or complaint) : And whereas proof hath this day been made before me upon oath of such summons having been duly served upon the said E F and of a reasonable sum having been paid {or tendered) to hirr. for his costs and expenses in that behalf: And where- as the said M. F. hath neglected to appear at the time and place appointed by the said summons, and no just excuse hath been offered for such neglect : These are therefore to command you to take the said E. F., and bring him on at o'clock in ^he forenoon at before such Justice ,.f the Peace for the said District as may then be there, to testify what he shall know concerning the matter of the said information {or complaint). Given under my Hand and Seal, this day of - in the ye'\r of our Lord at in the District aforesaid. T. Wills, J. i'. (i,. s.) Ml 5§7 Nummary Jurisdiction. No 8. Warrant for a Witness in the first instance. To the Constable of and to all other Constables in the said District. Whereas information was laid {or complaint was made) before the undersigned Justice of the Peace for the said District, for that {&c., as in the summons) : and it being made to appear before me upon oath that K. F. of ( Laborer) is likely to give material evidence on behalf of the {prosecutor) in this matter, and it is i)ic)bablc that the said E. F. will not attend to give evidence without being compelled so to do : These are therefore to command you to apprehend and bring the said E. F. before me on the day of at o'clock in the forenoon at or before such other Justice of the Peace for the said District as may then be there, to testify what he shall know concerning the matter of the said information ( o" complaint. ) Given under my Hand and Seal, this day of , in the year of our Lord at in the District aforesaid. T. WlI.I.s, J. P. (1,. s.) No. 9. Commitment rf a Witness for refnsinj^ to he sworn or to i^ive Evidence. To W. T., Constable of In the said Dis- trict of and to the Kro|)er of the Gaol at VVhcfCa? infnrmntiiiii \\.m< laid I nt- 1 ittuhl.nnf tii/»i- *i//iV/'\ before the undersigned Justice of the Pcicc for the said i ' ,M *■ mk yusticcs of the Peace, District, for that {dfc., as in the siivunons); and one E. F., hereinafter called the witness, now appearing before me such Justice as aforesaid on at and being re- quired by nie to make oath or affirmation as a witness in that behah', hath now refused so to do {or being now here duly szuorn ^s- a tvitncss in the matter of the said informa- tion or complaint, doth refnsc to answer certain questions concerning the premises ivhich are now here put to him), . without offering any just excuse for such his refusal: These are therefore to command you the said Constable to take the said witness md him safely convey to the gaol at afore'' , id, and there deliver him to the said keeper thereof, together with this Precept ; and I do hereby com- mand you the said keeper to receive the said witness into your custody in the said gaol, and there imprison him for such his contempt *or the space of days unless he shall in the meartimc consent to be examined and to an- swer concerning the premises ; and ior your so doing this shall be your sufificient warrant. Given under my Hand and Seal, this day of , in the year of our Lord at in the District aforesaid. J. S.J. P. (I., s.) No. 10. Warrant to remand a Defendant when apprehended. To \V. i ., Constable of und to Cuc keeper of the gaol at - . 1.^. . -^ - .* • .i^.rf ^,'*' t t-r'ry-rtf r--r tt-£t3 rrtttttt f before the undersigned Justice of the Peace in and for the 5^0 Summary Jurisdiction. said District of , for that {&€., as hi the summonr or warrant): And whereas the said A. ii., hereinafter called the defendant, hath been apprehended by warrant upon such information (or comJ>/aint), and is now brought be- fore me as such Justice as aforesaid : These are therefore to command you the said Constable, in Her Majesty's name, forthwith to convey the said defendant to the gaol at and there to deliver him to the said keeper there- of, together with this Precept; and I do hereby command you the said keeper to receive the said defendant into your custody in the said gaol, and there safely keep him until next, the day of instant, when you are hereby commanded to have him at at o'clock in the forenoon of the sa.nc day, ;iorc such Justice of the Peace of the said District as may then be there, to answer to the said information (or com/>/aint), and to be further dealt with according to Law. Given under my Hand and Seal, this day of , in the year of our Lord at in the District aforesaid. J. S.J. P. (L. s.) No. 1 1. Conviction for a Penalty to be levied by Distress, and in de- fault of sufficient Distress, imprisonment. Be it remembered that on the day of in the said District, A. B. {hereafter called the Defendant), is convicted before me, the undersigned Justice of the Peace i/»f ^1^* laaifl I^iofi-jcf ffif tHilt ^\\p. the ssicl OffftMicisnt, &c_. stating the offence, and the time and place tuhen and where i! I yustices of the Peace. committed); and I do adjudge the said Defendant for his said offence, to pay the sum of {stating the penalty, and also the cotnpensation, if any), to be paid and applied according to law, and also to pay to the said C. D. the sum of for his costs in this behalf ; and if the said several sums be not paid forthwith (or on or befce next) *I order that the same be levied by D'stress and sale of the Goods and Chattels of the said Defendant, and in default of sufficient Distress* I adjudge the said Defend- ant to be imprisoned in the Gaol at , for the space of , unless the said several sums, and all costs and charges of the said Distress {anct of the commitment and conveying of the said Defendant to the said Gaol), shall be sooner paid. Given under my Hand and Seal, the day and year first above mentioned, at a/oresaid. T. Wills, J. P. (l. s.) * Or where the issuing of a Distress Warrant would be ruinous to the Defendant or his family or it appears that he has no Goods whereon to levy a Distress, then, instead of the words between the Asterisks**, say, "then, inasmuch as it hath now been made to appear to me (that the issu- ing of a Warrant of Distress in this behalf v/ould be ruin- ous to the said Defendant and his family," or, " that the said Defendant hath no Goods or Chattels whereon to levy the said sums by Distress), I adjudge, &c., as above, to the end. amount to ))e levied by dlstrpss; in nil such cases u liistfrfss warrnnt .l-'uld issue In the I'orm, No, i6. 591 Summary Jurisdiciion. it for his penalty, I applied :. D. the the said .e ress and lant, and Defend- he space :osts and 'lent and , shall be ind year i. (L. s.) would be cars that Hstead of nasmuch the issu- be ruin- that the 1 to levy ve, to the No. 12. Conviction for a Penalty, and in default of Payment, Imprisonment. ) Be it remembered, that on the day of to wit. 5 , in the year , at , in the said (District), A. B. {hereafter called the Defendant), is convicted before the undersigned Justice of the Peace for the said District, for that (he the said Defendant, &c., stating the offence, and the time and place when and where it was committed ) ; and I do adjudge the said Defendant for his 'jaid offence to pay the sum of {stating the penalty, and the compensation, if any), to be paid and ap- plied according to law, and also to pay to the said C. D. the sum of for his costs in this behalf; and if the said several sums be not paid forthwith {or on or before next), I adjudge the said Defendant to be impri- soned in the Gaol at for the space of , unless the said several sums (and the costs and charges of con- veying the said Defendant to the said Gaol), shall be sooner paid. Given under my Hand and Seal, the day and year first above mcntioncJ, at aforesaid. T. WiM.s, J. P. (L .s.; Note to Form, A'o, ri,~'Yh\» Form will l)e the one commonly used by a Magis- trate, as by the S. 1'., p. lar Justices may commit without issuing warrant of dis- tress in all rases where the penalty, including costs, docs not exceed Jt34, most cases will h^ under th-M amount, and when tlie pressure of impristmment won't force the dclendant to p.vV the fine, it is scarcely probable that it will be recovered under a distress warrant which in ordinary practice is seldom resorted to. iirdsrs the lould Issue ■,< 592 Justices of the Peace. No. 13. V Form of Order { General) . Be it remembered, that on complaint was made before the undersigned Justice of the Peace for the said District for that {stating the facts entitling the comflainanf to the Order, zvith the time and place when and where *hey occurred) ; and now, at this da>, to wit, on at tlie parties aforesaid appear before me the said Justice \or the said C. D. appears before me the said Justice, but the said A. B. (hereafter called the Defendant) although duly called, doth not appear by himself and it is now satisfac- torily proved to me on Oath that the said Defendant has been duly served with the Summons in this behalf which required him to appear here on this day to answer the said complaint, and to be further dealt with according to law] ; and now, having heard the matter of the said complaint, I do adjudge, &c. ; then follow the forms of convictions for Penalties 11 & 12, according to the circumstances of the case from the words " I do adjudge." No. 14. Order of Dismissal of an Information or Complaint. Be it remembered, that on Information was laid (t?/' Complaint was made) before the undersigned Justice of the Peace for the said District of for that {&c., as in the summons to the Defendant), and now at this day, to wit, on at , both the said parties appear be- fore me in order that I should hear and determine the said information {or complaint), \_or the said A. B. appeareth before me, but the said C. D. (the complainant) although duly called, doth not appear] ; whereupon the matter of 593 Summary Jtirisdiction. the said information (or complaint) being by me duly con- sidered [it manifestly appears to me that the said informa- ti< n (or complaint) is not proved*] I do therefore dismiss the same, and do adjudge that the said C. D. do pay to the said A. B the sum of for his costs incurred by him in his defence in this behalf ; and if the said sum for costs be not paid forthwith (on or before ) , I order that the same be levied by Distress and sale of the goods and chattels of the said C. D., and in default of sufficient distress in that behalf I adjudge the said C. D. to be im- prisoned in the Gaol at for the space of , un- less the sum for costs, and all costs and charges of the said distress shall be sooner paid. Given under my Hand and Seal, this day of , in the year of our Lord at in the District aforesaid. J. S. (L. S.) * If the Informant or Complainant do not appear, these words may be omitted. No. 15. Certificate of Dismissal, I hereby certify, that an information (or complaint) preferred by C. D. against A. B.. for that (&c., as in the summons), was this day considered by me, the undersign- ed Justice of the Peace for the said District, and was by me dismissed with costs. Dated this day of 18 J.S, / :# 594 Justices of the Peace. No. i6. Warrant of Distress upon a conviction for a Penalty. To the Constable of , and to all other Constables in the said District. Whereas A. B., late of , {Fisherman) (hereafter called the Defenuant) was on this day (or on last past) duly convicted before me the undersigned Justice of the Peace for the said District, for that {stating the oifencc as in the conviction), and it was thereby adjudged that the said Defendant should pay (&c., as in the conviction), and also pay the sum of for costs; and that if the said several sums should not be paid {forthwith) the same should be levied by distress and sale of he goods and chattels of the said Defendant; and that in ('fault of suf- ficient distress the said Defendant should be imprisoned in the Gaol at , for the space of , unless the said several sums, and all costs and charges of the said distress, and of the commitment and conveying of the said Defend- ant to the said Gaol, should be sooner paid : And whereas the said Defendant being so convicted as aforesaid, and being {mnv) required to pay the said sums of and hath not paid the same or any part thereof, but therein hath made default : These are therefore to com- mand you, in Her Majesty's name, forthwith to make dis- tress of the goods and chattels of t^le said Defendant, and if within the space of days next after the making of such distress the said sums, together with the reasonable charges of taking and keeping the Distress, shall not be paid, that t'len you do sell the said goods and chattels so by you distrained, and do pay the money arising by such 59^ Nummary Jurisdiction. sale unto the Clerk of the Peace {a) {if no Clerk of the Peace, say to me) at , in the ^aid District, that he {or I) may pay and apply the same as by law is direct- ed, and may render the overplus, if any, on demand, to the said Defendant ; and if no such distress can be found, then that you certify the same unto me, to the end that such further proceedings may be had thereon as to the law doth appertain. Given under my Hand and Seal, this day of , in the year of our Lord at District aforesaid. J. S. (L. s.) No. ly. Constable's Return to a Warrant of Distress. I, W. T., Constable for the Distriv:t, hereby certify to Thomas Wills, Esquire, Justice of the Peace of the said District, that by virtue of this warrant I have made dili- gent search for the goods and chattels of the within-men- tioned A. B., and that I can find no sufficient goods and chattels of the said A. B. whereon to levy the sum within- mentioned. Witness my hand i8 . W. T. No. 1 8. General Form qf Warrant of Commitment. Whereas on, &c., A. B., hereafter called the defendant, appeared before me the undersigned Justice of the Peace (a) Where there is no Clerk of the Peace, a Justice may act as Clerk of th. Peace, p. la. 1 I ? $96 Justices of the Peace, for the said District, to answer to the complaint of C. D. {here state complaint) , and on the consideration of the said complaint, I adjudged the said defendant * to pay the sum of dollars forth\vith (or on ), and also to pay dollars, costs Lo th aaid C. D. {to be levied by dis- tress And sale of the defenddnf s goods and chattels, and that in default of sufficient distress, defendant should be im- prisoned for months, and no sufficient distress iv here- on to levy said sums having been found) * {omit these vOords when no distress ivarrant is issued) . Or when the punishment is imprisonment only, omit all the words be- tween the astet .'sks* I adjudged the said defendant should be imprisoned in the said gaol for months {unless the said sums should be sooner paid), {omit these words where the punishment is imprisonment only). These are therefore to command you the said Constable to convey the defendant to the said gaol and deliver him to the keeper thereof, with this warrant; and I command you the said keeper to receive the defendant in the said gaol, and there imprison him {and keep him at hard labor) for the space of months {unless the said sums should be sooner paid). And for your so doing this shall be your sufficient warrant. Given under my Hand and Seal, this day of 18 , at aforesaid. T. Wills, J. P. (l. s.) 5§; Summary Jurisdiction. No. 19. Wnrrant of Distress for Costs upon an Order for Dismissal of an Information or Complaint. To the Constables of District. Whereas on last past information was laid {or complaint was made) before the undersigned Justice of the Peace for the said District, for that (&c., r_ in the order of dismissal ) ; and afterwards, to wit, on at both parties appearing before me, and the said complaint {or information) being by me duly heard and considered, and it manifestly appearing to mc that the said informa- tion {or complaint) was not proved, 1 therefore dismissed the same, and adjudged that the said C. D., hereafter call- ed the complainant, should pay to the said A. B. the sum of for his costs incurred by him in his defence in that behalf; and I ordered that if the said sum for costs should not be paid {forthwith) the same should be levied of the goods and chattels of the said complp' nt [and I adjudged that in default of sufficient distress- . ..;at behalf the said complainant should be imprisoned in the gaol at {and there kept to hard labor), for the space of unless the said sum for costs, and all costs and charges of the said distress, and of the commitment and conveying of the said C. D. to the said gaol, should be sooner paid] : * And whereas the said complainant being now required to pay unto the said A. B. the said sum for costs, hath not paid the same or any part thereof, but therein hath mad' default : These are therefore to com- mand you, in Her Majesty's name, forthwith lo make dis- tress, then follow the words in form 16, substituting com- plainant for defendant. l9^ justices of the Peaci. No. 20. Commitment for Non-payment of Costs. This can readily be adapted from the f oneral form of commitment, altering the words after " on consideration oj the complaint" into, and on the hearing of the said com- plaint, I adjudged the same not to be proven and dismissed the said complaint, and adjudged the complainant to pay the defendant dollars for the costs incurred by him in his defence, &c., to be levied by distress, &c., as in form 1 8, substituting complainant for defendant. (Conform to the scale on p. 606.) •? i K-|5p;i^j^v 599 Summary Jurisdiction ^icty i8yg. THE SUMMARY JURISDICTION ACT OF lioyg. INTRODUCTION. 42 AND 43 Victoria, Cap. 49. This important Act is part of the law of the colony, and magistrates should attend carefully to its provisions. One of the main objects and effect of this grest measure of law reform is to enlarge the discretionary powers ot magis- trates. The old law laid down a hard and fast line, which Justices had to follow, no matter what might be the cir- cumstances of the case. The new law provides (sec. 4) That punishment may be mitigated, and where the law gives only imprisonment as a punishment a fine may be imposed, and where a ^ne is prescribed of a specific amount, the Court, in respect of a first offence, may re- duce the amount, notwithstanding the words of the statute, (r) The magistrate may (sec. 16), if he con- siders the offence of a trifling nature, inflict no punishment or nominal punishment ; may order him to pay damages, or may order the accused to find security, or release him on his own security, to appear for sentence when called on. There are other valuable provisions that sums recov- erable by summary orders may be recoverable as civil (i) In the case of Knee v. Knee, a prosecution fci sailing for the sealfishery be- fore six o'clock in the forenoon of 12th March, a specific penalty of ;jS4,ooo was riffiscrihfid in the Act^ The eyidence shewed that the defendant had only tnoved his steamer to escape ^n inevitable ice blockade ; and as it wa,i a first offerxe I re- duced the fine under this section to twenty cents. 6oo Summary yurisdiction Act, iSyg. debts, provision as to the payment of money by instal- ments. New regulations in Summary Jurisdiction in case of si eties to keep the peace ; a new scale of imprison- men for non-payment of money. The magistrate is given absolute power to fine or imprison as he may deem most expedient. Provision for the summary trial of children, young persons and adults, for indictable offences, &c.. &c. Al'PLTCATION OF IMPERIAL AND LoCAL CRIMINAL LaW. As difficulties may arise about the application of this new Summary Jurisdiction Law within the colony, I will endeavor to shew how the local law and the Imperial Acts can be worked together. Where, for instance, the local law in a clear, defined manner lays it down that certain offences .shall be tried by certain Courts in a summary manner without a Jury, and on conviction the offender s.iall be subject to imprisonment not exceeding six months, or to a certain fine. This new English law provides, under sec. 17, that in all cases, except assault, where an accused person is charged with an offence before a Court of Sum- mary Jurisdiction, in respect of the commission of which an offender is liable, en conviction, to throe months impri- sonment, he may claim to de tried by a jury. The two laws are here in direct conflict, and the local law governs the proceedings, as it is a case definitely provided for by local statute. When, however, the two laws are not direct- ly conflicting, and can be worked together, they may operate simultaneously; for instance, in the case above re- ferred to, all the provisions «.f this Act (sec. 4). as to mitigation of punishment (sec. 7), payment of money by instalments, and (.sec. 16) giving power to the Court 10 6oi Summary Jurisdictioti Act, iSyg. !,* by instal- )n in case imprison- :e is given earn most children, i, &c.. &c. lAL Law. )n of this >ny, I will erial Acts the local It certain summary offender < months, les, under I accused of Sum- of which hs impri- Thc two I governs i for by Dt direct- bey may ibovc rc- f), as to loncy by Court 10 discharge the prisoner without punishment. All these sections operate, and may be put in force by the magis- trate trying the case. One more instance will help • to make this point clear. The Colonial law provides that for stealing codfish, green or cured, not exceeding $20 in value, the punishment on summary conviction shall not exceed six weeks imprisonment. Under the English law, if the offender were an adult (16 years old or upwards), he could not be tried summarily for such an offence with- out his consent, but if he did consent, the punishment might be heavier; in this case again the magistrate should follow the local law, and not the Imperial Act, this being a case provided for by local enactment. Under the Con- solidated Statutes of Ne>vfoundland, which contains the local Malicious Injuries Act, " It is provided that the fore- going enactment shall in no way prevent the operation of any law of England with regard to wilful and malicious in- juries which may be 'n force in this Colony, but shall run concurrently therewith;" without this saving clause malici- ous injuries would have to be prosecuted strictly under the provision of the local law. DEFINfTIONS. The expression ^* child" in this Act means a person who, in the opinion of the Court, is under twelve years old; "youn^ pirson," who in the opinion of the Court is two'vc, and under sixteen years; ''adult" means a person who, in the opinion of the Court, is of the age of sixteen, and upwards; ''guardian" mec^ns any person who, in the Ill 602 Summary Jurisdiction Act, i8yg. opinion of the Court has, for the time being, the charge of, or control over, such child; "fine" means any pecuniary penalty, or pecuniary forfeiture, or pecuniary compensa- tion, payable under conviction. Fines all through this Act are in pounds sterling ; I have given a rough equivalent in dollars ; the magistrate should but rarely inflict the ex- treme penalty. 11^ \i^ Summary yurisdiction Act, iBj^. SUMMARY JURISDICTION ACT, 1879. 42 AND 43 Vict. Cap. 49. PART I. Court of Summary Jurisdiction. Arrangement of Sections. Sections I. Mitigation of punishment by Court, a. Scale of in-.prisonment for non- payment of money. 3. Sum recoverable by summary order to be recoverable as a civil debt. 4. Payment by instalments of or se- curity taken for payment of money. 5. Provision as to costs in the case of small fines. 6. Enforcing of recognizances by Court of Summary Jurisdiction. 7. Summary trial of children for in- dictable offences, unless ob- jected to by parent or guardian. 8. Summary trial with consent of young persons (juvenile of- fenders) . 0. Summary trial with consent of adult. SECTIONS 10. Summary conviction on plea of guilty of adult. 11. Restriction on summary dealing with adult charged with indict- able offence, la. Restriction on punishment of child for summary offence. 13. Power y yurisdiction Ac', i8yg. (4.) This section shall not prejudice the right of a Court of Summary Jurisdiction to send a child to a Re- forma<:ory or Industrial School, (i.) (5.) This section :.' 1 not render punishable for an offe-ice any child who is not, in the opinion (2) of the Court before whom ht , "-.arged, above the age of seven ycirs, and of sufficient capacity to commit crime. (^Sec. 10.) Summary Trial with Consent of Juveniles, (OF THE AGE OF 12 ANi: ' /IDER 1 6 YEARS.) (I.) Where a young person is charged before a Court of Summary Jurisdiction with an indictable offence speci- fied in the first column of appendix to this Act, the Court, if they think it expedient so to do, having regard to the character and antecedents of the person cha-ged, the nature of the offence, and nil the circumstances, and if the young person charged with the offence, when informed (i) T!. /w nave no such valuable institutions in the Colony, sc the foregoing does not apply. (2) The Justices may form their opinion of the ag^ -» ihe child f- : i his appearance c from evidence as to his actual age. It ih entirely in th^.; dis- cretion lo decide whether ho is of sufTirient capacity to coun.iii a crime. As a general rule of Law, an infai-«t between seven and fourteen years of age is prima fact' deemed incapable of legal malice, but the ordinary legal pre- sumption rniiy be rel)ulted by clear evidence of a mischie-o.:^ discretion. !n all such cases the evidence of malice and of a guilty knowledge ought to be strong and clear and beyond all doubt or contradiction. Magistrates shouli always consitler these two questions, Did the accused commit the "rim • ? n.id he, at the time of its commission, a guilty knowledge thi; he was doing wrong? After fourteen years the Ji,:ts of young persons are subject lo the same rules of construction as persons of full age. It ./ill be observed that no option is given to the child. The p?rent or guardian has to decide whethtr the accu id shall be tried summarily. 6i4 Summary ynrisdiction Act, i8yg. by the Court of his right to be tried by a jury, consents to be dealt with summarily, may deal summarily vvitV» the offence, and in their discretion adjudge such person, if found guilty of the offence, either to pay a fine not ex- ceiiding ten pounds sterling (fifty dollars) or to be impris- oned for any term not exceeding three months, and if the prisoner is a male, and in the opinion o< '■he Court under the age of fourteen, the Court, if they ;ik it expedient so to do, may, either in substitution or in addition to ai y other punishment, adjudge such person to be, a? sov)n as possible, privately whipped with not more than twelve strokes cl a birch rod by a constable in the presence of an inspector or police officer higher in rank than a constable, and also in the presence of the parent or guardian, if he desires to be present. (2.) For the purpose of pi oceeding under this section, the Court at any time during the he-'-ing of the case, when they become satisfied by the evidence that it is expedient to deal with the case summarily, shall cause the charge to be read to the accused and then aslv hm. " Do you desire to be t;icd by a jury? or do you consent in the case to be dealt with summarily?" (i) (3.) Thi.-, section does not i)rejudicc the right of the Court to send the accused to a reformatory or industrial school. {Sec. n.) (1) The Court iihould ahn f}.^Q the accuseJ full explanation, as at p. 6ia. 6i5 Summary Jurisdiction Act, iSyg. SuMMARv Trial with Consent of Adults. (i6 Years and Upwards.) Where a person who is an adult is charged before a Court of Summary Jurisdiction with an indictable offen;e specified in the second column of the first schedule to the Act, the Court, if t'ley think it expedient having regard to the character and antecedents of the accused, the nature of the offence and the circumstances of the case, and if the person charged consents may deal summarily with the offence and adjudge such pcson if found guilty of the of- fence, to be i.tiprisoncd, with or without hard labour, for any term not exceeding three months, or to pay a fine not exceeding twenty pounds (one hundred dollars.) For the purpose of a proceeding under this section, the Court, at any time during the hearing of the case at which they become satisfied b/ the evidence that it is expedient to deal with the ci 3e sumniariiy, shall cause the charge to be reduced into writing and read to the person charged, and ' :n address a question to him to the I'oUov.ing effect. " D you desire to be tried by a jury," or do you "consent to the case being dealt with summarily?" with a state- ment, if the Court think such sl.it-ment desirable for the information of the person to whom the juestion is address- ed, of the meaning of the case being dealt with summarily, and of the as.si/.cs or sessions (as the case may be) at which he will be tried if tri. 1 by a jury. SiiMMAR' Conviction on Plea ok Guii.r ok Adult. ( l.> Whcrj a person, who is an adult, charged before a Court o! summary jurisdiction with an indictable ( ffcnce which is specihcd in the firs; column of the FifMt Scheduj? to this Act, and is not comprised in the second column of ^^ 6i6 Summary Jurisdiction Act, i8yg. that schedule, and the Court at any time during the hear- ng of the case become satisfied that the evidence is suffi- cient to put the person charged on his trial for the said offence, and further are satisfied (either after such a re- mand as is provided by this Act or otherwise,) that the case is one which, having regard to the character and ante- cedents of the person charged, the nature of the offence^ and all the circumstances of the case, may properly be dealt with summarily, and may be adequately punished by virtue of the powers of this y\ct, thr.n the Court shall cause the charge to be reduced into wrmng and read to the per- son charged, and shall then ask him whether he is guilty or not of the charge; and if such person says that he is guilty, the Court shall thereupon cause a plea of guilty to be entered, and adjudge him to be imprisoned, with or without hard labour, for any term not exceeding six months. (2.) The Court, beiorc asking, in pursuance of this sec- tion, the person charged whether he is guilty or not, shall explain to him that he is not obliged to plead or answer, and that if he pleads guilty he will be dealt with sum- marily, and that if he docs not plead cr answer, or pleads not guilty, he will be dealt with in the usual course ; with a statement, if the Court thinks such statement desirable for the information of the person to whom the question is addressed, of the meaning of the case being dealt with summarily or in the usual course, and of the Supreme Court, at which such person will be tried by a jury. The Court shall further state to such person to the effect that he is not obliged to say anything unless he desires to do so, but that whatever he says will be taken down in writing, 6i7 Summary Jurisdiction Act, Sj^. and may be given in evidence against him upon his trial, and shall give him clearly to understand that he has noth- ing to hope from any promise of favour, and nothing to fear from any threat which may have been held out to him to induce him to make any admission or confession of his guilt, but that whatever he then says may be given in evi- dence against him upon his trial, notwithstanding such promise or threat, (i.) C3.) If the prisoner does not plead guilty, whatever he says in answer shall be taken down in writing and read over to him, and signed by a Justice constituting or form- ing part of the Court, and kept with the depositions of the witnesses, and transmitted with them in manner required by law, and afterwards upon the trial of the prisoner may, if necessary, be given in evidence against him without fur- ther proof thereof, unless it is proved that the Justice pur- porting to have signed the same did not in fact sign the same. ( I ) Caution.— /V/.ui;;c/-, I am about to ask you whether you are guilty or not of the charge; l)ut before I do so I must tell you that you are not ob- liged to plead or answer, and that if you plead guilty you will be dealt with summarily, and that if you do not plead or answer or plead not guilty, you will be dealt with in the usual course, the meaning of which is that if you plead guilty, you will be tried by the Court, init if the case is to be dealt with in the usual course you will, if sent to trial, he brought before a jury in the Supreme Court ; and I must further say to you that you are not obliged to say anything unless you desire to do so, but whatever you say will be taken di)> n in writing, and may be given in evidence against you. I also give you clearly to understand that you have nothing to hope from any promise of favour, and nothing to fear from any threat which may have been held out to you to induce you to make any admission of your guilt. But that what- y„i, f!«Tr -ay i..-y !-^ g?-vn m eViOviivt; rtjjnirisi jrTju, j:u!.w:tjj3ia:iu;::g sUwS\ promise or throat. Are you guilty or not guilty of the charge? 6i8 1' I Summary yurisdiction Act, i8yg. 14.— Where a person who is an adult is charged before a Court of Summary Jurisdiction with any indictable of- fence specified in the First Schedule to this Act, and it appears to the Court that the offence is one which, owing to a previous conviction on indictment of the person so charged, is punishable by law with penal servitude, ( i ) the Court shall not deal with the case summarily in pursuance of this Act. {a.) It must be an indictment if on a sum- mary conviction jurisdiction is not taken away. 15' — A child on summary conviction for an offeuce pun- ishable on summary conviction under this Act, or under any other Act, whether past or future, shall not be impri- soned for a longer period than one month, nor fined a larger sum than forty shillings, $10. 16. — If upon the hearing of a charge for an offence pun- ishable on summary conviction under this Act, or under any other Act, whether past or future, the Court of Sum- mary Jurisdiction think that though the charge is proved the offence was in the particular case of so trifling a nature that it is inexpedient to inflict any punishment, or any other than a nominal punishment, — (i.) The Court, without proceeding to conviction, may dismiss the information, and, if the Court think fit, may order the person charged to pay such damages, not ex- ceeding forty shillings {$10) and such costs of the proceed- ing, or either of them, as the Court think reasonable; or, (2.) The Court upon convicting the person chargeil f^' (/.) Sec icciion 3, cap. 63, Consai. Stiit , Second Scries*, as rccards ncna) lervitijde. LT a nature 619 Summary Jurisdiction Act, iS-jg. may discharge him conditionally on his giving security, with or without sureties, to appear for sentence when call- ed upon, or to be of good behaviour, and either without payment of damages and costs, or subject to the payment of such damages and costs, or either of them, as the Court think reasonable : Provided that this section shall not apply to an adult convicted in pursuance of this Act of an offence of which he has pleaded guilty, and of which he could not, if he had not pleaded guilty, be convicted by a court of summary jurisdiction. 17. — Not applicable. 18.— A Court of Summary Jurisdiction shall not, by cumulative sentences of imprisonment (other than for de- fault of finding sureties) to take effect in succession in re- spect of several assaults committed on the same occasion, imposf on any person imprisonment for the whole exceed- ing si:< months. 19.— ( I ) Where, in pursuance of any Act, whether past or future, any person is adjudged by a conviction or order of ( I ) I think this sec. 19 is not applicable to this colony. There is no appeal in Summary Jurisdiction unless specifically given by Statute. Under our local laws appeals In cases triable summarily are not given except in cases for breach of the license laws, bastardy, stealing codfish, breach of revenue laws, &c., and at p. 5 Consol. Slat. (N. S.) it is provided that " wherever a pen- alty not exceeding $200, or sentence of imprisonment not exceeding six months, may l)e imposed for any offence: unless otherwise provided, it shall be held that such offence nmy be tried in a summary ma.iner (by implication without an appeal) before, and the penalty ,.r imprisonment imposed therefor by a Justice ()f the I'eace." Our laws give no appeals in Summary Jurisdic- tion except in these few cases, and wh^f* ths XacaX srj' i-,^— !.i i--. -i-_i- the local law must prevail. ^26 Suinmary Jurisdiction Act, i8yg. a court of summary jurisdiction to be imprisoned without the option of a fine, either as a punishment for an offence, or, save as hereinafter mentioned, for faihng to do or to abstain from doing any act or thing required to be done or left undone, and such person is not otherwise authorised to appeal to the Supreme Court and did not plead guilty, or admit the truth of the information or complaint, he may, notwithstanding anything in the said Act, appeal to the said Court against such con\ iction or order: — Provided that this section shall not apply where the im- prisonment is adjudged for failure to comply with an order for the payment of money, for the finding of sureties, for the entering into any recognizance, or for the giving of any security. 20. — A case arising under this Act, or under any other Act, whether past or future, shall not be heard, tried, de- termhied, or adjudged by a Court of Sumnary Jurisdiction, except when sitting in open Court, (i) (i) None of the remaining provisions of this 20th sec. about Petty Sessionj and occasional Court I louses apply. Trials under Summary Juiisdiction must be held in the Court House or in the building generally used for that purpose, and when so used it is an open Court accessible to the public; also in cases where indictable offences are proceeded with summarily under this Act, the Court is an open Court. When taking the preliminary enquiry on an indict- able offence, the Court was not by .Statute an open Court; it is now held that even on this enquiry the magistrates sit in open Couit and the general public cannot be excluded. In taking depositions to found a charge or in other cases where the accused is not necessarily present, proceedings may be in private. 621 Stimmary Jurisdiction Act, iSyp. Special Provision as to Warrants of Committ- ment AND Distress. 21. — A Court of Summary Jurisdiction to whom appli- cation is made, either to issue a warrant of distress for any sum adjudged to be paid by a conviction or order or to issue a warrant for committing a person to prison for non- payment of a sum of money adjudged to be paid by a conviction, or in the case of a sum, not a civil debt, by an order, or for default of sufficient distress to satisfy any such sum may, if the Court deem it expedient postpone the issue of a warrant until such time, and on such conditions, if any, as the Court may seem just. (2.) The wearing apparel and bedding of a person and his family, and to the value of £^ stg. ($25) the tools and implements of his trade shall not be taken under a distress by a Court of Summary Jurisdiction. ( i ) (3.) Where a person is adjudged by conviction or order to pay a sum of money, not a civil debt, or in default dis- tress to be issued and it appear to the Court that the per- son has no goods whereon to levy such distress or that the distress will be more injurious to his family than impris- (l) This is a very just and humane provision, it will 1>e observed that wear- ing apparel and bedding cannot be taken under any circumstances, and only tooU, etc., over £5 in value. By the 67th Rule of the Judicature Act, Consol. Stat., N.S., p. 382, it is also provided : That the workiag tools and implements of trade of any per* son, his fishing skiff or punt, the necessary cooking apparatus (which would probably include the cooking stove) the l)edding and wearing apparel of himself and his family shall not in any cue be liable to. or be tftken under attachment or execution . 625 Summary Jurisdiction Act, iSyg. ment such Court instead of issuing a distress warrant may order said person to be imprisoned for a period for which he is liable in default of sufficient distress. (4.) Where in such cases it is made to appear to th^ Court that either by payment of part of the sum whether in instalments or otherwise, the amount due has been re- duced to such an extent that the unsatisfied balance if it had constituted the original amount adjudged to be paid would have subjected the defendant to a maximum term of imprisonment less than the term of imprisonment to which he is liable under such condition or order. The Court may revoke the order of imprisonment and order the defendant to be imprisoned for a term not exceeding such less maximum term instead of the original term, (i) , 22. — Clerks of the Court of Summary Jurisdiction are ordered to keep a register of convictions, or orders, etc. Most of it is not applicable. Regulations as to Securities Taken Under the Act. 23. — (I.) A person shall give security under this Act, whether as principal or surety, either by the deposit of money with the Clerk of the Court, or by an oral or writ- ten acknowledgment of the undertaking or condition by which and of the sum for which he is bound, in such man- ner and form as may be for the time being directed by any rule made in pursuance of this Act, and d'idence of such mv (l) Note.— This means that the amount adjudgeil can he taken in instal- ments and the original term of imprisonment altered in proportion when a lesser Biitii in due. i' ti ' III i 623 Summary' Jurisdiction Act, i8yg. PER THE •.•curity may be provided by entry thereof in the register under this Act of proceedings of a Court of Summary Jurisdiction or otherwise as may be directed by such rule. (2.) Any sum which may become due in pursuance of a security under this Act from a surety shall be recovera- ble summarily, in manner directed by this Act with res- pect to a civil debt, on complaint by a constable or by the Clerk of the Court directing such security to be given, or by some other person authorised for the purpose by the Court or any other Court of Summary Jurisdiction for the same district. (3.) A Court of Summary Jurisdiction may enforce payment of any sum due by a principal in pursuance of a security under this Act which appears to such Court to be forfeited, in like manner as if that sum were adjudged by a Court of Summary Jurisdiction to be paid as a fine which the statute provides no mode of enforcing, if the security was given for a sum adjudged by a conviction, and in any other case in like manner as if it were a sum adjudged by a Court of Summary Jurisdiction to be paid as a civil debt ; provided that before a warrant of distress for the sum is 'ssucd, such notice of the forfeiture shall be served on the said principal, and in such manner as may be directed for the time being by rules under this Act, and subject there- to by the Court authorising the security, or by any Court to whom application is made for the issue of the warrant. (4.) Any sum paid by a surety on behalf of his princi- pal in respect of a security under this Act, together with al! costs charGfes and expenses incurred by such suret" in respect of that security, shall be deemed a civil debt due 624 Summary Jurisdiction Act, iSyg. to him from the principal, and may be recovered before a Court of Summary Jurisdiction in manner directed by this Act with respect to the recovery of a civil debt which is recoverable summarily. (5.) Where security is given under this Act for payment of a sum of money, the payment of such sum shall be en- forced by means of such security in substitution for other means of enforcing such payment. Remand. 24.— ( I.) Where a person is charged before a Court of Summary Jurisdiction with an indictable offence, with which a Court of Summary Jurisdiction has or may have under the circumstances in this Act mentioned power to deal summarily, the Court before whom such person is charged, without prejudice to any other power that it may possess, — {a.) may, for the purpose of ascertaining whether it is expedient to deal with the case summarily, either before or during the hearing of the case, from tir to time adjourn the case and remand the person accused; and (2.) A person may be remanded under this section for eight days. Sureties to Keep the Peace. 25— The power of a Court of Summary Jurisdiction, upon complaint of any person, to adjudge a person to enter into a recognizance and find sureties to keep the peace or to be of good behaviour towards such first-men- tioned person, shall be exercised by an order upon com- plaint, and the sunim^ry Jqrisdi(,tion Acts shall apply ac- 62 i Summary Jurisdiction Act, iSyg. cordingly, and the complainant and defendant and wit- nesses may be called and examined and cross-examined, and the complainant and defendant shall be subject to costs, as in the case of any other complaints. ( i ) The Court may order the defendant, in default of com- pliance with the order, to be imprisoned for a period not exceeding six months. 26. — Gives power to a Petty Sessional Court to review the decision of anotherCourt in such cases {not applicable.) 27. — Where an indictable offence is under the circum- stances in this Act mentioned authorised to be dealt with summarily, — (i.) The procedure shall, until the Court assume the power to deal with such offence summarily, be the same in all respects as if the offence were to be dealt with throughout as an indictable offence, but when and so soon as the Court assume the power to deal with such offence summarily, the procedure shall be the same from and after that period as if the offence were an offence punishable on summary conviction and not on indictment, and the pro- visions of the Acts relating^ to offences punishable on sum- mary conviction shall apply accordingly ; and (2.) The evidence of any witness taken before the Court assumed the said power need not be taken again, but every such witness shall, if the defendant so require 't, be recalled for the purpose of cross-examination ; and ( I ) This provision is new. Formerly if the Justice were satisfied that there unu t.-c'^ii K iillcai; tii;; V'^'i «-i2!"j;' 'J was ISUL aiiuwcu lu CU!i;iacl IIIC CUni<> plainants. Now the whole question can be etiquired into- (5'»6 "I Summary Jurisdi'iljn .'In, iSyn. (3.) The conviction for ary .=;•. , .fence shall be of the same effect a« a conviction fo*- the offence on indictment, and the Court may make the 3:^:e order for the restitution of property as might have been made by the couit before whom the person convicted would have been tried if he had been tried on indictment ; and (4.) Where the Court have assumed the power to dral with the case summarily, and dismiss the information, they shall, if required, deliver to the person charged a copy cer- tified under their hands of the order of such dismissal, and such dismissal shall be of the same effect as an acquittal on a trial on indictment for the offence ; and (5) The conviction shall contain a statement either as to the plea of guilty of an adult, or in the case of a child as to fhe consent or otherwise of his parent and guardian, and in tiio case of any other person of the consent of such person, to be tried by a Court of Summary Jurisdiction ; and (6 ) The order of dismissal shall be transmitted to and filed by the Clerk of the Peace in like manner as the con- viction i> -cq'Mrcd by the Summary Jurisdiction Act, 1848, to be transmitted and filed, and together with the order of dismissal 01 the conviction, as the case may be, there shall be iransmittec" 'o and filed by such clerk in each case the written charge, the depositions of the witnesses, and the statement, if any, of the accused. 28. — Costs of prosecution (not applicable). 29.— r ; Thv^ Lord High Chancellor of Great Britaiw, 6^7 Suimnary ytirisdiction Act, i8yg. (here the Supreme Court) may from time to time make, and when made, rescind alter and add to, rules. 30, 31 and 32. — Not applicable. Z?>'— Stating a case. (See ante, p. 545, stating a case.) 34- — (!•) Where a power is given by any future Act to a Court of Summary Jurisdic*:ion of requiring any person to do or abstain from doing any act or thing other than the payment of money, or of requiring any act or thing to be done or left undone other than the Payment of money, and no mode is prescribeo of enforcing such requisition, the Court may exercise such power by an order or orders, and may annex to any such order any condition as to time or mode of action which the Court may think just, and may suspend or rescind any such order on such undertak- ing being given or condition being performed as the Court may think just, and generally may make such arrange- ment for cairying into effect such power as to ♦■'.le Court seems meet. (2.) A person making default in "omplying with an order of a Court of Summary Jurisdiction in relation to any matter arising under any future Act other than the pi.yment of mone},, shall be punished in the prescribed manner, or if no punishment is prescribed, nay in the discretion of the Court be ordered to pay a sum (to be enforced as a civil debt recoverable summarily under this Act) not exceeding cie pound ($5) for every day during which he is in default, or to be imprisoned until he has remedied his cciault : Provided that a person shall not, for non-compliance 628 Summary Jurisdiction Act, i8y0. with the requisition of a Court of Summary Jurisdiction, whether made by one or more orders, to do or abstain from doing any act or thing, be liable under this section to imprisonment for a period or periods amountiag in the aggregate to more than two months, or to the payment of any sums exceeding in the aggregate twenty pounds, $ioo. Civil Debt. 35. — Any sum declared by this Act, or by any future Act, to be a civil debt, which is recoverable summarily, or in respect of the recovery of which jurisdic<^ion is given by such Act to a Court of Summary Jurisdiction, shall be deemed to be a sum for puyment of which a Court of Summary Jurisdiction has authority by law to make an order on complaint in pursuance of the Summary Juris- diction Acts : Provided as follows : (I.) A warrant shall uot be issued for apprehending any person for failing tc appear to answer any such complaint; and (2.) An order made by a Court of Summary Jurisdic- tion for the payment of any such ci- debt as afore- said or of any instalment thereof, or for the pay- ment of any costs in the matter of any such com- plaint, whether ordered to be paid by the complain- ant or defendant, shall not, in default of distress or oth'*rwise, be enforced by imprisoument, unless it be proved to the satisfaction of such Court that the person making default in payment of such civil debt instalment or costs either has, or has had since the date of the order, the means to pay the sunj in respect of which hr has nude default, and has re- 629 Summary Jurisdiction Act, iSjg. fused or neglected, or refr .'s or neglects, to pay the same, and in any su^n case the Court shaji have the same power of imprisonment as a county Court would for the time being have under the Debt )rs Act. 1869, lor default of payment if such debt had been recovered in that Court, but shall not have any greater power. This means not ex- ceeding six weeks — less should be f'enerally given. Proof of the means of the person making default may be given in such manner as the Court to whom application is made for the commitment to prison think just, and for the purposes of such proof the person making default and any witnesses may be summoned and examined on oath according to the rulea for the time being in force under this Act in relation to the summoning and examination of witnesses. 36. — Not applicable. 37. • — A warrant or summons issued by a Justice of the Peace under the Summary Jurisdiction Act, 1848, or an>' other Act, whether past or future, or otherwise, shall not be avoided by reason of the Justice who signed the same dying or ceasing to hold office. Bail. 38. — See p. 71. Bail. — Persons arrested without a war- rant, etc. 39. — The following enactments shall apply to proceed- ings befor- Courts of Summary jurisdiction ; (that is to say,) 63d ^uiUmdiy Jurhdktion Act, 18";^. (I.) The description of any offence in the words of the Act, or any order, bye-law, reguiaiion, or other do- cument creating the offence, or in similar words, shall be sufficient in law; and (2.) Any exception, exemption, proviso, excuse, or qualification, whether it does or does not accom- pany in the same section the description of the offence in the Act, order, bye-law. regulation, or other document creating the offence, may be proved by the defendant, but need not be specified or neg- atived in the information or complaint, and, if so specified or negatived, no proof in relation to the matter so specified or negatived shall be required on the part of the informant or complainant ; and (3.) A warrant of commitment shall not be held void by reason of any defect therein, if it be therein alleged that the offender has been convicted or or- dered to do or abstain from doing any act or thing required to be done or left undone, and there is a good and valid conviction or order to sustain the same ; and (4.) A warrant of distress shall not be deemed void by reason only of any defect therein, if it be therein alleged that a conv '- or order has been made, and there ig a good anu valid conviction or order to sustain the same, and a person acting under a warrant of disti ^ shall not be deemed a trespasser from the begn.ning by reason only of any defect in the warrant, or of any irregularity in the execu- tion of the warrant, but this enactment shall not S -^^ 631 Summary yurisdiction Act, i8yg. ^)rejudicc the right of any person to satisfaction for any special damage caused by any defect in or irregularity in the execution of a warrant of distress, so however that if amends are tendered before ac- tion brought, and if the action is brought are paid into Court in the aci'on, and the plaintiff does not recover more than the sum so tendered and paid into Court, the plaintiff shall not be entitled to any costs incurred after such tenc^cr. and the defendant shall be entitled to costs, to be taxed as between solicitor and client ; and (5.) All forfeitures not pecuniary which are incurred in respect of an offence triable by i Court of Sum- mary Jurisdiction, or which may be enforced by a Court of Summary Jurisdiction, iray be sold or disposed of in such manner as the Court h.-'.ving cognizance of the case may direct, and the proceeds of such s...e shall be applied in the like manner as if th«' proceeds were a fine imposed under the Act on which the proceeding for the forfeiture is founjcd. 40. — A V 't of certiorari or other writ shall not be re- quired for th^• removal of any conviction, order, or other dcterr'' .-.♦^ion, in relation to \vh;jh a special case is stated for V .u..iing the judgment or determination of a Superior Court. 41 -In a proceeding withm the jurisdiction of a Court of Summary Jurisdiction, without prejudice to any other mode of proof, service on a person of any summons notice, process, or document required or authorised to be served, * 'fl '•' I ! 632 Summary Jurisdiction. A^t^ 187^. and the handwriting and seal of any Justice of the Peace or other officer or person on any warrant, summons, notice process, or document, may be proved by a solemr declar- ation taken before a Justice of the Peace, or before a Com- missioner to administer oaths in the Supreme Court or before a Clerk of the Peac; and any declaration purport- mg to be so taken shall, until the contrary is shown, be sufficient p-oofs of the statements contained therein, and shall be received in evidence in any Court or legal pro- ceeding, without proof of the signature or of the official character of the person or persons taking or signing the same; and the fee, if any, for taking such declaration shall be a sum not cxcoedinp one shilling (25 cents). 42, — Bail (see Bail, ante p, 71). 43-— The following regulations shall be enacted with re- spect to warrants of distress issued by a Court of Sunmiary Jurisdiction : (i.) A warrant of distress shall be executed by or under the direction of a constable ; and (2.) Save so far as the person against whom the dis- tress is levied otherwise consents in writing, the distress shall be old by public auction, and five clear day^ at the least shali intervene between the making of the distress and the sale, and where written consent is so given as aforesaid the sale may be made in accordance with such consent; and (3.) Subject as aforesaid, the distress shall be sola within the period fixed by the warrant, and if no period is so fixed then within the period of fourteen ^ays frpm the m i 633 Summary Jurisdiction Acf, iSyg, date of the making of the distress, unless the sum for which the warrant was issued, and also the charges of takr ing and keeping the said distress, are sooner paid ; and (4.) Subject to any directions to the contrary given by the warrant of distress, where the distress is levied on household goods the goods shall not, except with the con- sent in writing of the person against whom the distress is levied, be removed from the house until the day of sale, but so much of the goods shall be impounded as are in the opinion of the person executing the warrant sufficient tc satisfy the distress, by affixing to the articles impounded a conspicuous mark ; and any person removing any goods so marked, or defacing or removing the said mark, shall on summary conviction be liable to a fine not exceeding five pounds ($25) ; and (5.) Where a person charged with the execution of a warrant of distress wilfully retains from the produce of any goods sold to satisfy the distress, or otherwise exacts, any greater costs and charges than those to which he is for the time being entitled by law, or makes any improper charge, he shall be liable on summary conviction to a fine not ex- ceeding f.ve pounds; and (6.) A written account of the costs and charges incurred in respect of the execution of any warrant of distress shall be sent by the constable charged with the execution of the warrant as soon as practicable to the Clerk of the Court of Sum..iary Jurisdiction issuing the warrant ; and it shall be lawful for the person upon whose goods the distress was levied, within one month after the levy of the distress, to inspect such account without fee or reward at any rcasoi\- 634 Summary Jurisdiction Act, i8yg. able time to be appointed by the Court, and to take a copy of such account ; and (7.) A constable charged with the execution of a war- rant of distress shall cause the distress to be sold, and may deduct out of the amount realised by such sale all costs and charges actually incurred in effecting such sale, and shall render to the owner the overplus, if any, after retain- ing the amount of the sum for which the warrant was is- sued and the proper costs and charges of the execution of the warrant ; and (8.) Where a person pays or tender--' to' the constable charged with the execution of a warrant of distress the sum mentioned in such warrant, or produces the receipt for the same of the Clerk of the Court of Summary Juris- diction issuing the warrant, and also pays the amount of the costs and charges of such distress up to the time of such payment or tender, the constable shall not execute the warrant. 44.— Where any property has been taken from a person charged before a Court of Summary Jurisdiction with any offence punishable cither on indictment or on summary conviction, a report shall be made by the police to such Court of Summary Jurisdiction of the fact of such property having been taken from the person charged and of the par- ticulars of such property, and the Court shall, if of opinion that the property or any portion thereof can be returned consistently with the interests of justice and with the safe custody of the person charged, direct such property, or any portion thereof, to be returned to the person charged or to such other person us he may direct. Summaty Jurisdiction Ad, iSji), 45. — Local Jurisdiction (not applicable.) 46. — For the purposes of the trial of any offence pun- ishable on summary conviction under this Act or under any other Act, whether past or future, the following pro- visions shall have effect — Any offence which is authorised by this section to be tried by any Court of Summary Jurisdiction may be ddalt with, heard, tried, determine I, adjudged, and punished a^ if the offence had been wholly committed within the juris- diction of such Court. PART III. Definitions, Swings, and Repeal of Acts. Special Definitions. 47. — The provisions of this Act with respect to a sum adjudged to be paid by an order shall apply, so lar as cir- cumstances admit, to a sum in respect of which a Court of Summary Jurisdiction can issue a warrant of distress with- out ah information or complaint under the Summary Jur- isdiction Act, 1848, in like manner as if tl.e said sum were a civil debt ; and the provisions of this Act with respect to the hearing, trying, determining, and adjudging by a Court; of Summary Jurisdiction when sitting in open Court shall apply to the hearing, trying, determining, and adjudging by a Court of Summary Jurisdiction of an application for the issue of any such warrant. The provisions of this Act with respect to the period of imprisonment to be imposed in respect of the nonpayment of a sum of money adjudged to be paid by a conviction or in respect of the default of a sufficient distress to satisfy 636 Snmmaiy yurisdiction Act, i8yg. any such sum, shall apply to the period of imprisonment to be imposed in respect of the non-payment of any sum of money adjudged to be paid by an order of a Court of Summary Jurisdiction or in respect of the default of a suffi- cient distress to satisfy any such sum, where such sum is not a civil debt nor enforceable as a civil debt. 48.— In this Act, if not inconsistent with the cbntext, the following expressions have the meanings herein-after respectively assigned to them ; that is to say, The expression " child " means a person who in the opinion of the court before whom he is brought is under the age of twelve years : The expression " young person " means a person who in the opinion of the court before vvhou. he is brought is of the age of twelve years and under the age of sixteen years : The expression " adult " means a person who in the opinion of the Court before whom he is brought is of the age of sixteen years or upwards. The expression " person " includes a child, young per- son, and adult, and also includes a body corporate : The expression " guardian," in relation to a child, in- cludes any person who, in the opinion of the court having cognizance of any case in which a child is concerned, has for the time being the charge of or control over such a child : The expression " prescribed " means prescribed or pro- vided by any Act which relates to any offences, penalties, fines, costs, sums of money, orde.s, proceedings, or mat- •%vw*i 637 Summary ytirisdiction Act, i8j^. ters, to the punishment, recovery, making, or conduct of which the Summary Jurisdiction Acts expressly or im- pHedly apply or may be applied : The expression •' past Act " means any Act passed be- fore the commencement of this Act, exclusive of this Act : The expression " future Act " means any Act passed after the commencement of this Act : The expression " fine " includes any pecuniary penalty or pecuniary forfeiture or pecuniary compensation payable under a conviction : The expressions " sum adjudged to be paid by a con- viction " and " sum adjudged to be paid by an order " re- spectively include any costs adjudged to be paid by the conviction or order, as the case may be, of which the amount is ascertained by such conviction or order. General Definitions. 49. — In this Act and any future Act, if not inconsistent with the context, the following expressions shall have the meanings hereinafter respectively assigned to them ; that is to say. The expression "The Summary Jurisdiction Act, 1848," shall mean the Act of the session of the eleventh and twelfth years of the reign of Her present Majesty, chapter forty-three, intituled "An Act to facilitate the performance " of the duties of Justices of the Peace out of sessions " within England and Wales with respect to summary con- " victions and orders :" The expression " The Summary Jurisdiction Acts " and r ' ! I 638 Summaty yurisdiction Act, i8yg. the expression "The Summary Jurisdiction (English) Acts" shall respectively mean the Summary Jurisdiction Act, 1848, and this Act and any Act, past or future, amending the Summary Jurisdiction Act, 1848, or this Act: The expression " Court of Summary Jurisdiction " shall mean — Any Justice or Justices of the Peace or other Ma- gistrate, by whatever name called, to whom jurisdiction is given by or who is or are authorised to act under the Sum- mary Jurisdiction Acts or any of such Acts. Application of Acts. 50- — The following regulations shall be made for the purpose of facilitating the application of the Summary Jurisdiction Acts to any future Act ; that is to say, ( I.) Where in any future Act, any offence is directed or authorised to be prosecuted summarily or on summary conviction, or any fine is directed or authorised to be re- covered summarily or on summary conviction, or any other words are used implying that such offence is to be prose- cuted or fine is to be recovered in manner provided by the Summary Jurisdiction Acts, the Summary Jurisrlction Acts shall apply accordingly ; and (2.) Where in any future Act any sum of money is directed or authorised to be recovered before a Court of Summary Jurisdiction, or on complaint made to a Court of Summary Jurisdiction, or words are used (whether by authorising the sum to be recovered summarily or in a summary manner or otherwise) which imply that such sum of money is to be recovered before a Court of Sum* 639 Summary yurisdiction Act, iSyg. mary Jurisdiction or in manner provided by the Summary Jurisdiction Acts, the Summary Jurisdiction Acts shall ap- ply accordingly ; and (3.) Where in any future Act a Court of Summary Jur- isdiction is authorised to order or require a person to do or abstain from doing any act or thing other than the pay- ment of a sum of money ; or where in pursuance of any such Act any act or thing other than the payment o\ a sum of money is required or authorised by an order of a Court of Summary Jurisdiction to be done, or is declared capable of being enforced summarily^ or by summary or- der ; or where in any such Act any words are used imply- ing that such act or thing is to be enforced in manner provided by the Summary Jurisdiction Acts, the Summary Jurisdiction Acts shall apply accordingly. This Act shall be construed as one with the Summary Jurisdiction Act of 1848. Simple Larceny (see undt. ^c head Larceny post). ..V*i»i^'' B IMAGE EVALUATION TEST TARGET (MT 1) V // fe r/j fA 1.0 I.I 1.25 UiSU :? ufi 12.0 12.2 III, 1.8 4 1(6 IlilL- Hhotographic Sciences Corpordtion as WIST Main strut WfBSTEDN r MSSO (716) 173-4303 iV V <^ &/ «5> ^ 640 Summary Jurisdiction Act, i8yg. SCHEDULES. FIRST SCHEDULE. INDICTABLE OFFENCES WHICH CAN BE DEALT WITH SUMMARILY UNDER THIS ACT. First Column, Voi-ng Persons conienling md Adults pleading guilty. k. Simple larceny. a. Offences declared by any Act for the time being in force to be pun- ishable as simple larceny. 3. Larceny from or stealing from the person. 4. Larceny as a clerk or servant. 5. Embeulement by a clerk or ter* vant. Second Coll-mn. Adults complaining. 1. Simple larceny, where the value of the whole of the property alleged to have been stolen does not in the opinion, of the Court before whom the charge is brought exceed forty shillings. ' 2. Offences declared by any Act for the time being in force to be pun- ishal)le as simple larcency, where the value of the whole of the property alleged to have been stolen, destroyed, injured, or otherArJse dealt with by the offender does not in the opinion of the Court before whom the charge IS brought exceed forty shillings. 3. Larceny from or stealing from the person, where the value of the whole of the properly alleged to hr.ve been stolen does not in the opiuion of the Court liefore whom the charge IS brought exceed forty shillings. 4- Larceny as a clerk or servant, where the value of the whole of the property alleged to have been sto.en doei not in the opinion of the Court l)efore whom the charge is brought exceed forty hillings. S. EmbcMlement by a clerk or ser- vant, where the value of the whole of the property alleged to have l)cen eml)eMled does net in the opinion of the Court before whom the charge is brought exceed forty shillings. 641 tl Summary Jurisdiction AcL i8yg. First Coldmn. Young Pers( lis consenting and Adults pleading Guilty. 6. Receiving stolen goods, that is to say, committing any of the offen- ces relating to property specified in the ninety.first and ninety.fifth sec- tions of the Larceny Act, ,861, (be- ing the Act of the sessioft of the twenty-fourth and twenty-fifth years of the reign of Her present Majesty, chapter ninety-six), or in either of such sections. 7- Aiding, abetting, counselling, or procuring the commission of sim- pie larceny, or of an offence declar"d by any Act for the time being in force to be punishable, as simple lar- ceny, or of larceny or stealing from the person, or of larceny as a clerk or servant. 8. Attempt to commit simple lar- ceny, or an offence declared by any Act for the time l»eing in force to Ik: punishable as simple larceny, or to commit larceny from or steal from the persan, or to commit larceny as a clerk or servant. Second Column. Adults consenting. 5. Receiving stolen goods, that is to say, committing any of the offcn, ces relating to property specified in the ninety-first and nin-ty-fifth sec lions of the Larceny Act, 1861, (be. mg the Act of the session of the twenty.fourth and twenty-fiffh years of the reign of Her present Majesty, chapter ninety-six), or in either of such sections, where the value of the whole of the properly alleged to have been received does not in the opinion of the Court before whom the rharee IS brought exceed forty shillings. 7. Aiding, abetting, counselling, or procuring the commission of sirn- ple larceny, or of an offence declared by any Act for the time being in force to be punishable as simple larceny or of larceny or stealing from the person, or of larceny as a clerk or servant, where the value of the whole o the property which is the subject of the alleged offence doss not in the opinion of the Court before whom uM..'^""'8«= '' brought exceed forty (hillings. ' 8. Attempt to commit simple lar- ceny, or an offence declared by any Act for the time being in .Vce to be punishable as simple larceny, or to commit larceny from or stcil from the person, or to ccmmit larceny as a clerk or servant. 642 Summary Jurisdiction Act, i8yg. SECOND SCHEDULE. Section ?nd Chapter. lO & 1 1 Vict. c. 82 - 13 & tx Vict. c. 43 - 13 A 14 Viet. e. 37 - 18 ft 19 Vict. c. 136 - Title. Extent o( Repeal. An Act for the more speedy trial and pun- ishment of juvenile of- fenders. An Act to facilitate the performance of the du- ties of Justices of the Peace out of sessions within England and Wales with respect to summary convict ions and orders. An Act for the further extension of summary jurisdiction in cases of Larceny. An Act for diminishing expenses and delay in the administration of Criminal Just ice in certain cases. The whole Act. The following words in section thirty-five : " N«r to any informa- " tion or complaint or '• other proceeding un- "der or by virtue of "any of the statutes •• relating to Her Ma- "jesty's Revenue of "Excise or Customs, "Stamps, Taxes, or "Post Office." The whole Act, in so far as relates to England. The whole Act, in so far as relates to England, except sections eight- een, twenty, twenty- two, twenty-three, and twenty-four. 643 SumtHat'y jurisdiction Act, iByg. SECOND ^QYi^m5l.^—(conchtded.) Session and Chapter. 27 & a8 Vict. c. no - 28 & 29 Vict. c. 127 - 31 & 32 Vict. c. 116 - Title. Extent of Repeal. An Act for the amend- ment of the law r'"la- ting to the mitigation of penalties^ An Act to amend the law relating to small pen- alties. An Act to amend the law relating to Larceny and Emtiezzlement. The whole Act, so far as relates to Erjghnd. The whole Act. Section two, ia so far as relates to England. y^ 'V' ~ t;»i 644 Nummary Jurisdiction Act, iSf^. FORMS. FORMS UNDER THE SUMMARY JUR- ISDICTION ACT, 1879. I have given most of che Forms which are necessary for the carrying out of this Act. For the ordinary summons, warrant, committments, etc., the Forms given under the Summary Jurisdiction Act, 1848, commencing at p. 581, will be sufficient. All forms should be headed : Newfoundland, 'District, To wit : And should be signed, — y. P., for the said District, or Stipendiary Magistrate. (L.s.) ^45 SufHrnaty yurisdiction Act, iSfQ, FORMS. I. Summons for Forfeiture of Recognizance. Newfoundland, District, To wit : To A. B. of You are hereby summoned to appear before the Court of Summary Jurisdiction sitting at on day the day of , at the hour of in the noon, to show cause why the recognizance entered into the day of whereby you are bound to pay the sum of should not be adjudged to be forfeited. Dated the dred and day of one thousand hun- 7. P.. (i-s.) or Stipendiary Magistrate for the District aforesaid. 646 Snininary yurisdiction Act, iBjg. Summons to Vary Sureties, etc. To A, B. of You are hereby summoned to appear before the Court of Summary Jurisdiction sitting at on day the day of , at the hour of in the noon, to show cause why the order made by the Court of Summary Jurisdiction aforesaid [or sitting at 1, on the day of , against to find suret" should not be varied or otherwise dealt with. one thousand Dated the' day of dred and ^•^•> (L.S..) or Stipendiary Magistrate for the District aforesaid hun- SuMMONS TO Witness. To ^. F. A. B. has been charged by day of , at for that he on the in the aforesaid, did And it appearing to me by the oath [or affirmation] of that you are likely to give material evidence there- in on behalf of the informant [(^r complainant , (L.S.) 6so Summary ^jurisdiction Act, rSyg. Conviction (on Plea of Guilty) for Indictacle Offence. In the Bdore the Court of Summary Jurisdjetion sitting at The day of one thousand hundred and A. B., hereinafter called the defendant, is this day charged for that he on the day of , at in the aforesaid, did : And the defendant having pleaded guilty to the charge, is convicted of the offence, and is adjudged to be impr'Is- oned in Her- Majesty's prison at , and there kept \to kard labour'] for the space of [If costs are ordered add : — And it is ordered that the defendant pay to the sum of for costs [by instalments of for every days, tne first instalment to be paid J forthwith [or on the day of ] : And in default of payment it is ordered that the sum due be' levied by distress and sale of the defendant's goods, and in default of sufWcient distress that the oefendant be im- prisoned in the said prison for the space of commen- cing at the termination of the imprisonment before adjud- ged, unless the said sum [and all costs and charges of the [said distress and] commitment, and of his conveyance to Ihc said prison] be sooner paid.] y- P-. (L.s.) or Stipendiary Magistrate for the District aforesaid. 6st Summary Jurisdiction Act, i8yg. atfUE 8 In the Conviction (wjth Securitv;. Before the Court of Summary Jurisdiction sitting at The day of one thousand hundred and ^. ^.. hereinafter called the defendar.r is this day con- victed for that he on th- day of , at in the aforesaid, did : But the Court being of opirion that the said ofl<«Ar^ vas of so trifling a .mature that it is inexpedient to fnfUct any [or any other than a nominal] punishment, and the de- fendant having given security to the satisfaction of this Court to appear for .jntence when called upon [or to be of good behaviour], he is discharged: If costs are ordered, add : — And it is ordered that the defendant pay to thfe said the sum of for costs [by rnstalments of for every days, the first instalment to be paid] forthwith [or on the day o» ] : And in default of payment it is ordered that the sum due be levied by distress and sale of the defendant's gc^h, and m default of sufificient distress that the defendant be imprisoned in Her Majesty's prison at for the space of unless the said sum [and dl costs and charges of the [3aid distress and] commitment, and of hin conveyance to the said prison] be sooner paid,] ^' ^" (L.S.) or Stipendiary Magistrate for ''le District aforesaid. 652 Stun f nary yurisdictiou Act, iSf^. Order for Money (not a Civil Debt.) In the Before the Court of Summary Jurisdiction sitting at The day of one thousand hundred and A. B., having made a complaint that C. D., hereinafter called the defendant on the day of , at , within the aforesaid, did : On hearing the said complaint, it is ordered that the de- fendant pay to the said the sum of , and also the sum of for costs [by instalments of for every days, the first instalment to be paid forthwith [or on the day of ] : And in default of payment it is ordered that [the said sums be levied by distress and sale of the defendant s goods, and in default of sufficient distress that] the defendant be imprisoned in Her Majesty's prison at , and there kept [to hard labour'] fo; the space of , unless the said sums [and all costs and charges of the [said distress and] commitment and of his conveyance to the said pris- on] be sooner paid. 7. P., (LS.) or Stipendiary Magistrate for the District aforesaid. m Nummary Jurisdiction Act, i8yg. lo Order for other Matters. In the Before the Court of Summary Jurisdiction sitting at The day of one thousand hundred and A. B., having made a complaint that C. D., hereinafter called the defendant on the day of at in the a/oresaid, did : On hearing the said complaint, it is ordered that the de- fendant do : If imprisonment is ordered, add : — And it is adjudged that if the defendant neglect pr re- fuse to obey this order, he be imprisoned in Her Majesty's prison at for the space of \pr unless the said order be sooner obeyed]. [//■ costs arc ordered, add : — And it is ordered that the defendant pay to the said the sum of for costs [by instalments of for every dayi^, the first instalment to be paid] forthwith \jn- on the day of ] : . And in default of payment it is ordered that the sum due be levied by distress and sale of the defendant's goods, and in default ol svifficient distress that the defendant be imprisoned in the said prison for the space of com- mencing at the termination of the imprisonment before ad- jud^-'xl, unless the said sum [and all costs and charges of the [said distress and] commitment, and of his conveyance to the said prison] be sooner paid]. 7. P (L.S.) or Stipendiary Magistrate for the District aforesaid. 654 Summary yurisdictiou Act, i8jg. II Order of Recognizance to Keep the Peace, etc. In the Before the Court of Summary Jurisdiction sitting at The day of one thousand hundred and A. Z?., having made a complaint that C. D., hereinafter called the defendant on the day of at , in the aforesaid, did ] : It is adjudged that the defendant do forthwith to the satisiaction of the complainant enter into a recognizance in the sum of with surety or sureties in the sum of [each] to keep the peace and be of good behaviour towards Her Majesty and all her liege people, and especially towards the complainant, for the term of now next ensuing: And it is adjudged that if the defenda.it fail to comply with this order he be imprisoned in Her Majesty's prison at for the space of unless he sooner complies with this order. [//■ costs arc ordered, add : — And II is ordered that the defendant pay to the said the sum of for costs [by i'jstalments of for every days, the first instalment to be paid] forth- with \or on the day of ] : And in default of payment it is ordered that the sum due be levied by distress and sale of the defendant's goods, and in default of sufficient distress that the defendant be impriHoncd in the .^aid prison for the space of com- mencing at the termination of the imprisonment before ordered, unless the said sum [and all costs and charges of the [said distress and] commitment], be sooner paid]. 7. /'.. (L.s.) or Stipendiary Magistrate for the District aforesaid. 655 Summary yurisdiction Act, i8yg. 12 Warrant of Distress for Sum due under Recog- nizance. In the To each and all of the constables of A. B., was by his recognizance entered into the day of bound in the snm of : And the condition of the said recognizance having been broken, it was on the day of adjudged by the Court c. nummary Jurisdiction sitting at that the said recognizance be forfeited, and that he do pay the said sum cf , and also do pay the further sum of for costs [by instalments of for every days the first instalment to be paid] forthwith [oy on the day of ] : And default having been made in payment: You are hereby commanded to forthwith make distress of 'he goods of the said (except the wearing apparel and beddmg of him and his family, and, to the value of *25, the tools and implements of his trade) ; and if within the space of [^vv] clear days next after the making of such distress, unless he consents in writing to an earlier sale the ^um stated at the foot of this warrant, together with the rcasoP.ble costs and charges of the making and keeping of the said distress, be not paid, then to sell the said goods and pay the money arising therefrom to the clerk of that Court, and ii no such distress can be found, to certify the same to the Court. 6^6 SuMtHafy yuHsdiction Act, 187 g. Dated the and day of one thousand hundred Amount due under recognizance Paid Remaining due - - - Costs of issuing this warrant Total amount to be levied - or Stipendiary Magistrate for the District aforesaid. 'ijfcs Return o? Insufficient Distress to be Indorsed ON Warrant. I , constable of the , of , hereby certify that, by virtue of the within-written warrant, I have made diligent search for the goods of the within-named A, B., and that I can find no sufficient goods of him whereon the sums within-mentioned can be levied. Dated the day of one thousand hundred and Y ^ fit i I 657 Summary Jurisdiction Act, i8yg. Account of Charges Incurred on a Wat\rant of. Disir^Ess. In the matter of an information {or a complaint] by against I' o* > the constable charged with the exe- cution of the warrant of distress upon the goods of > dated the day of , hereby declare that the following is a true account of the costs and charges in- curred in respect of the execution of the said warrant. Dated the day of , one thousand hundred and $ Total A.B. 15 Recognizance. In the We, the undersigned, severally acknowledge ourselves to owe to our Sovereign Lady the Queen the several sums following, namely, , of , as prircipnl, the sum of I Of dtlCi of a^ 658 Summary Juyisdiction Act, iSyg. suret , the sum of each, to be levied on our several goods, lands, and tenements if the said principal fail in the condition hereon indorsed. {Signed where not taken orally) A. B, L.M. N. O. one Taken [orally] before me the day of thousand hundred and y- p- (L.S.) or Clerk of the Court of Summary Jurisdiction or Superintendent or Inspector of Police or Head Constable. Condition. The condition of the above recognizance is such that. if the above-bounden principal shall appear before the Court of Summary Jurisdiction sitting at , on day, the day of , at the hour of in the noon, to answer to the charge made against him by and to be dealt with according to law, [or shall appear before the Court of '- ,-;mary Jurisdic- tion sitting at for sentence when called upon], [or shall keep the peace and , be of good behavior to- wards Her Majesty and all her liege people, and especially towards , for the term of now next ensuing], [or shall ] Then the said recognizance shall be VQJd, but Qthcrwisc 5hall remain in full lore?. 659 Summary ynrisdiction Act, r^yp. i6 Endorsement of Forfeiture of REcocNiZArcE In the Before the Court of Summary Jurisdiction sitting at The within-mentioned principal not having complied with the said condition, this Court adjudges the within- written recognizances to be forfeited. Dated the day of ,'one thousand hundred and or Stipendiary Magistrate for the District aforesaid. 17 Endorsement Mitigating Forfeiture &c In the ' Before the Court of Summary Jurisdiction sitting at The within-mentioned recognizance having been ad- judged to be forfeited, and A. B. having applied to this Court to cancel [.;- mitigate] such forfeiture, and having given security to the satisfaction of this Court for the future performance of the condition of the said recog. n'zance. and ha^M•ng paid [.. given security for payiwent ofj the costs incurred in respect of the forfeiture thereof [orwsert such other condition as the Court may think just^ • Therefore the said forfeiture is h.reby cancelled L mitigated to the sum of ] ^^Dated the day of one thousand hundred """ ^•••'="'/ -Txa^iioirasc lor inc L/istrict aforesaid. 66o Summary Jurisdiction Act, i^fg. i8 Notice of Recognizance to be oiven to the De- fendant AND HIS Sureties. Take rtotice that yoU, A. ^., are bound in the sum of as pHttcipal, and you, L. M. {and N. O.], in the sum of as sureties, that you, the said principal ap- pear before the Court of Summary Jurisdiction sitting at , on day, the day of , at the hour of in the noon, to answer the charge made against you by , and to be dealt with accord- ing to la,w lor as the case may be\ and unless you, the said principal, appear accordingly the said sums will forth- with be levied on you severally. Dated the day of one thousand hundred and 7. /'., ' [L.S.] or Stipendiary Magist'-ate for the District aforesaid. 19 Security for Penalty, &c. In the A. B. hereinafter called the defendant was this day [or on the day of ] by a certain conviction [or order] before the Court of Summary Jurisdiction sitting at , adjudged to pay the sum of [by instal- ments of for eviry days, the first instalment to be paid] forthwith [or on the day of ] and to giv.'^ security for the due payment thereof: 66 i Summary Jurisdiction Act, iS^g. Now. therefore, the defendant, and his sureties, C. D dL.nH ; 'm? ^' \ °* ' ^"'""'^y ^^r^^txt^V^ that the defendant will pay the sum adjudged at the time and in the manner thereby directed, and hereby severally acknow- ledge themselves severally bound to forfeit and pay to [the Clerk of the Court] the sum of in . . the je fendant fails to perform this undertaking. {Signed where not taken orally) A. B., Defendant. C. D., 1 £ p \ Sureties. Taken [orally] before me the day of one thousand hundred and . . ., ■fi ■ . 662 Summary Jurisdiction Act, i8ji). of , and E. F., oi , hereby undertake that the condition of the said recognizance shall be duly performed [and that the said shall, on or before the day of , pay the sum of for costs incurred in re- spect of the said forfeiture] ; and hereby severally ac- knowledge themselves severally bound to forfeit and pay to [the Clerk of the Court] the sum of in case the said defendant fails to perform the condition of the said recognizance, {Signed where not taken orally) da> of A.B, CD. E.F. , one Taken [orally] before me the thousand hundred and or Stipendiary Magistrate for the District aforesaid. 21 Notice to Principal of Forfeiture of Security. In the To A. B., of Take notice that you have forfeited the sun^ of , for which you were bound by your undertaking entered into the day of , and that unless you pay that sum to at on or before the day of , a warrant of distress will be issued for the recovery thereof. Dated the day of , one thousand hundred and Clerk of the Court of Summary Jurisdiction for the District aforesaid. .-L^ 663 Summary Jurisdiction Act, i8yg. 22 Order varying Order for Sureties. In the Before the Court of Summary Jurisdiction sitting at A. B. hereinafter called the defendant has been under a warrant of commitment dated the day of issued by this Court {or the Court of Summary Jurisdic- tion sitting at ] committed to prison for default in finding suret in the sum of Upon further consideration it is now ordered that the amount in which the suret of the defendant are to be bound be reduced to {or that the obligation of the defendant find suiet Dated the day of and 7. P., be dispensed with]. one thousand hundred (L.S.) or Stipendiary Magistrate for the District aforesaid. 23 Notice to Parent or Guardian of Child charged WITH AN Indictable Offence. In the To of A. B. has been charged with , and has been re- manded iinf-i! fli«> o'ffSnr* ^t «.u_ /- ^ , r- _ ~ '^"■'& "' "ic v^uurt oi oUmiliary juris .1 B*" ' 'I jg i / 1 664 Summary Jurisdiction Act, iSyg. diction sitting at oi» the day of , at the hour of , and it has been alleged you are his parent [or guardian], If you desire that he be tried by a jury, and object to his case being dealt with summarily, you must attend be- fore that Court on that day and hour. Dated the day of one thousand hundred and y- ^.> (L.S.) or Stipendiary Magistrate for the District aforesaid. I Plaintiff, 24 Forms applicable to Proceedings for the Recov- ery OF A Civil Debt. Complaint. In the Between A. B. ^.ddress Description and CD. Debcription The day of The plaintiff complains that of for [damages]. Made before me this 7. P. or Stipendiary Magistrate for the District aforesaid. Defendant, , and claims the sum diiy of 665 Summary Jurisdiction Aa, i8i^. 25 Summons to Appear In the Between A. B. Address Plainttff, Description CD. and Defendant, Address Description To the defendant herein. You are hereby summoned to appear before the Court of Summary Jurisdiction sitting at on day the day of , at the hour of in the noon to answer the plaintiff's claim, the particu'ars of which are hereto annexed. Dated the day of or Stipendiary Magistrate for the District aforesaid. 666 ^ Summary yurisdiction Act, i8yg. 26 Summons to Witness. In the Between A. B. Address Description Plaintiff, and CD. Defendant, Address Description To , of You are hereby required to attend before the Court of Summary Jurisdiction sitting at on day the day of , at the hour of in the noon, to give evidence in the above cause on behalf of the [plaintiff or defendant]. Dated the day of y- P'^ rL.S.) or Stipendiary Magistrate for the District aforesaid. ! I 66; Summary yurisdiction Act, i8yp. In the 37 Judgment. Before the Court of Summary Jurisdiction sitting at The day of and Between A. B. Address Description CD. one thousand hundred Plaintiff, and Defendant, Address Description It is adjudged that the pay the [the sum of for debt \or damaces] and] the sum of for costs [by instalments of for every days, the first instalment to be paid] forthwith [or on the day of ] ; and in default of payment that the sum due thereunder be levied by distress and sale of the goods \pr where security is accepted and that the be at liberty to give to the satisfaction of this Court [or of ] security in the sum of with suret in the sum of [each] for payment of the sum adjudged]. ^" ^^ (L.S.) or Stipendiary Ma,^istrate for the District aforesaid. ■ 66^ Summary Jurisdiction Act, iSyg. 28 JuE^iMENT Summons. In the The day of and Between A. B. Address one thousand hundred Plaintiff, Description and CD. Defendant, Address, 'Description To the above-named defendant \_or plaintiff]. The plaintiff {or defendant] obtained a judgment against you, the above-named defendant \or plaintiff] before the Court of Summary Jurisdiction sitting at on the day of , for the payment of dollars and cents And you having made default in payment of the said sum, are hereby sun-moned to appear personally before the Court of Summary Jurisdiction sitting at on day the day of [next], at the hour of in the noon, to be examined on oath by the Court touching the means y^u have or have had since the date of the judgment to satisfy the sum payable in pursu- ance of the said judgment, and also to show cause why you should not be committed to prison for such default. ^' P* (L.S.) or Stipendiary Magistrate for the District aforesaid. 669 Summary Jurisdiction Act, i8^g. Amount of judgment and costs Costs of distress against the goods, if any $ Deducts Amounts paid Instalments which were not required to have been paid before the date of the summons Sum payable Costs .-^f this summons Amount upon the payment of which no further proceedings will be had until de- fault in payment of next instalment . . t";o Summary jurisdiction Act, i8yg, 29 Order of Commitment. In the Between A. B. Address Description and Plaintiff, Defendant, , and to the C. D. Address Description To each and all of the constables of keepci- of Her Majesty's prison at The plaintiff {ot defendant] obtained a judgment against the defendant \or plaintiff] before the Court of Summary Jurisdiction sitting at on the day of for the payment of And the defendant \or plaintiff) has made default in payment of the said sum, and the defendant [w plaintiff] having been duly summoned to show cause why he shall not be committed to prison for such default : And it being now proved that the defendant [or plain- tiff] now :.as or had since the date of the judgment the means to pay the sum then due and payable in pursuance of the judgment, and has refused [(r;r) neglected {or) now refuses or neglects] to pay the same, ano has shown no cause why he should not be committed to prison : It is ordered that the defendant {or plaintiff] bo com- mitted t son for days, unless he sooner pay liic said sum and costs stated below as that on the pa}'mcnt of which he is to be discharged. "ii". 671 Summary yurisdictioii Act, iSjg. ,.ti "T: 'l!' '1'' ""^'■•'''''^^' ="■■= hereby required to take the defendant [«. plaintiff] and to deliver liim to the keeper of Her Majesty's prison at , ^nd you, the sa,d keeper to reeeive the defendant [„. plaintiff], and there keep h,m for days from the arrest under this of W '"' """'' *" '' '"""^ '''^'■'^^'•e'-''' by due course Dated the day of one thousand hundred and *> P or Stipendiary Magistrate for the District aforesaid. Total sum payable at the time of hearing of the judgment summons Cost of hearing of summons and of this order Total sum on payment of which the pri- soner will be discharged 6/2 Summary Jurisdiction Act, i8yg. NOTES ON THE SUMMARY JURIS- DICTION ACTS. These Acts contain almost every power and procedure required, but it is a doubtful point whether a Magistrate under cither of these Acts, or in any enquiry on an indict- able offence, can require a witness to produce documents, or can issue a subpaina duces tecum. When a witness refuses to attend and to produce the required papers, application must be made to the Supreme Court by the Attorney General or some one in his behalf for a Crown snbpcvna duces tecum, which is granted as a matter of right. Sec. io. Page 6^,1, Consul. Stat. (Distress or Im- prisonment). " In all cases where the statute by virtue of which a conviction for a penalty or compensation, or an order for the payment of monc)', is made by a Magistrate or Justice of the Peace, makes no provision for such penalty or compensation or sum being levied by distress, but directs that if the same be not paid forthwith or within a certain time therein mentioned, or to be mentioned in such conviction or order, the defendant shall be imprisoned for a certain time, unless such penalty, compensation or sun, shall be sooner paid, in any such case if the defendant do not pay the same together with costs, if awarded forthwith or at the time specified in such conviction or order for the payment of the same, the convicting Justice or Magistn-.te may, at his option, issue a warrant of distress and sale of the goods and cl.attels of the defendant, for the recovery of the amount of such penalty, compensation or sum of money, and costs. In case it shall be returned to sucli 673 Summary Jurisdiction Act, i8y-g. warrant of distress that no sufficient goods of the defend- ant can be found, the judgment or order for the imprison^ ment of the defendant shall be carried into effect." The only object, apparently, of this section, is to set aside any doubts that might arise about the power of a ./Tagistrate to order imprisonment without issuing a dis- tress warrant where conviction orders a sum of money to be paid, forthwith, or in a specified time. A Magistrate has the option of imprisoning or ordering a distress. In all such cases the Magistrate will exercise his discretion, and If there is a probability of obtaining the money by distress or in instalments, &c., as provided by the preceding sec' tJons (p. o-i), he will refrain from committing to prison, 674 Sttfnmary yurisdiction, &c., of Quarter Sessions. > SUMMARY JURISDICTION OF THE COURTS OF QUARTER SESSIONS. This jurisdiction is at present confined only to the Courts for the Central District and for Harbor Grace. This valuable provision should be extended to Stippndiary Magistrates all over the Colony. 1. The Courts of General Quarter Sessions of the Peace for the Central District, and for the District of Harbor Grace, shall have full power, jurisdiction and authority to try and determine in a summary manner without a jury, all cases of larceny, of receiving stolen goods, and of ob- taining or attempting to obtain any chattel, money or valuable security under false pretences where the value of the property stolen, or received, or obtained, or attempted to be obtained, does not exceed twenty dollars, and in such case to any amount where the party charged consents. 2. The said Court of Quarter Sessions may be held by a Police Magistrate, sitting alone, or with one or more Justices of the Peace, and may be holden whenever busi- ness may require, without formal adjournment or procla- mation, except on the opening and closing of the Court at the commencement of each quarter. 3. The said Courts shal' also have power to try and de- termine in a summary manner and without a jury, all cases of assault and battery, cutting and wounding, griev- ^75 ^"""" "'■J' yorisdiction, &c., of Quarter Sessions. ous bodily injury, with or without weapon, also, attemou to commu mjury to the person, except attempts to co'n.- mit murder or rape. 4. Tt shall be the duty of the said Courts of General Quarter Session, before proceeding to the trial of any such case as mention^ in the next preceding section to forward to the Attorney General or in his abLce to the Solictor General, a copy of the complaint upon oath for his consideration and determination; and if the said At- torney General, or in his absence the Solicitor General, be of opinion that from any cause the charge is a fit subject for prosecution by indictment lather than to be disposed o summarily, the said Courts of Quarter Sessions shall aeal with the case in all respects as if this chapter had not been passed. Ja r" '! "Tu 7"^'°"^^ •" ^he foregoing sections the said Courts shall have the power to sentence all persons convicted of any of said offences, to a term of imprison- ment not exceeding six calendar months. 6. In all cases mentioned in the third section of this chapter, the said Courts may in addition to or in lieu of any punishment by this chapter authorized, fine the of- fender to an amount not exceeding one hundred dollars, and require him to enter into his own recognisance and to find sureties for the keeping of the peace and being of good behaviour, or cither: and in default of pay- ment or finding such sureties to imprisonment for any period not exceeding six months. ^ 7. When any person shall be convicted under the pro- visions of this ^hnn^nt• for an- '- • • - ' — '""■ ^^^ 3"> iirisaujc, wneiiicr with or 6;6 Summary Jurisdiction, &c.^ of Quaftcr Sessions. without oattery and wounding, or either of them, such person may, if the Court thinks fit, and on motion of the prosecutor or his counsel, in addition to any sentence which the Court may deem proper for the offence, be ad- judged to pay the prosecutor his actual and necessary costs and expenses of the prosecution and such moderate allowance for the loss of time and injury as the Court shall, upon afTfiidavit or other enquiry or examination, as- certain to be reasonable ; and unless the sum so awarded shall be sooner paid, the offender shall be imprisoned for any term the Court shall award, not exceeding three months, in addition to the term of imprisonment, if any, to which the offender may be sentenced for the offence. 8. The Court may, by warrant under its seal, and sign- ed by the Judge, order such sum as shall be so awarded to be levied by distress and sale of the goods and chattels of the offender, and paid to the prosecutor, and that the sur- plus, if any, arising from such sale, shall be paid to the owner, and in case such sum shall be so levied, the impri- sonment awarded until payment of such sum shall there- upon cease. 9. The fine menti^ned in the sixth section of this chap- ter may be apportioned by the said Court as it shall think fit, of which fine, part may be paid to the prosecutor and the remainder to the Receiver General for the use of the Colony. In no case under this chapter shall the offender • be required to pay more than one hundred dollars, exclu- sive of costs, for any offence, nor suffer a longer term of imprisonment than six months. 10. Every conviction under this chapter shall have the ^77 Summary yurisdiclion, C c, of Q. iiarier Sessions. same effect as a conviction upon indictment for the ,ame offence would have had. u. No conviction, sentence or proceeding, under this chapter, shall be quashed for want of form, and no wa-ra therein ,f ,t be therein alleged that the offender has been convicted of some offence named therein, and there be a good and valid conviction to sustain the same. Court 11" ""Tr^'t "'■'"'■"'' "^'""' '*<' before such miss h cha . 'i ' °"'"" "°' P^°^^''' " -hall dis- miss the charge and make out and deliver to the person ndTn air "h '""'^ f ""»" '"^ ^^^^ °' ^^^ dism sal and ,n all such cases the Court may in its discretion orde the prosecutor to pay costs to the defendant. >3. Every person who obtains a certificate of dismissal a further cr.mmal proceedings for the same cause and in a 1 cases where any sum of money is adjudged to the pe' son injured by virtue of the provisions oi this chapter the P yment of such m. . ..y by the offender shall be a bar to :X^:r'"^^ ^-■-' '''"''- ''■-^^ -ence, bi: thi!'*' ^''l '""■'°" '"""'' "■"""•"'"£ any offence aga.'r.st warrant by any person, and forthwith taken before some ne.ghbonng Justice to be dealt with according to la' v^': Justices of the Peace, Summary Jurisdiction. SUMMARY JURISDICTION IN SLANDER.-Before this Act was passed, any one could tpVe away a woman's character by slanderous words The only remedy afforded by law for this terrible injury was an expensive proceeding in the Supreme Court. The oro- ceedings must be commenced by summons. A verbal complaint will do, but it is always better to take it in writ- ing, and have the complainant sworn. I. Words spoken and published, after the passing of this Act, which impute adultery, unchastity or other like im- morality to any person shall be actionable, and a plainfff m any action for such words shall be entitled to damages without proof of special damage. By the Act of 1898, Section 2 was amended as follow: • 2. A suit for spoken words made actionable by this Act may be taken and !.. rd before a Stipendiary Magistrate who may awani damages to any sum not exceeding fifty dollars with costs, and also may adjudge that in default of payment of such judgment, the defendant shall be impris- oned for a period not exceeding two months. 3. In any action taken in the Supreme Court for spoken words made actionable by this Act, a plaintiff, who shaD not recover judgment for more than fifty dollars damages, shall not be entitled to any costs, unless the Judge hearing the case shall otherwise ordc 4. -^11 actions or suus taken under the provisions of 679 Justices of the Peace, Summary Jurisdict^n . this Act, shall be beg„„ within two calendar months next after the speaking o. the words, and not afterwards Form. J:^lt' usual ,or. i„ complaints; insert in the ■' For that the said defendant on the da-- of li,h „r,l* '""; . "'"'■^said, did speak and pub- hsh certam words imputing to the said complainant a ulter,, unchastity and immorality, contrary to th fZ of the Statute m such case made and provided." Girls-Carna.lv Knowing and Arusing-Under ,6. This law was passed to enable cases of this kind to be tr^d ummanly; the former remedy was .. indictment ^airritsTuirortin"^"!"---^^^ - the crime theri:: r;i^::;rro„ Tr;;^^^ both were equally guilty, 'Z rr^Tsid";!: 't offence under the Act. ^"^"tuce an •Vhenever, upon complaint of a constable or other pc -on. any person shall be convicted before = «, ! Mag,strate or Justice Of the Peace'orut If , ytd'Z ana carnally know and abuse, any mrl imd^r fj, , " -^-.v.ij vvitii iiaru laDOr, 68o rJf<; justices / t/ce Peace, Summary Jurisdiction. Form, For that the said defendant on the day of A.D. 1 8 , at aforesaid, did unlawfully and car- nally know or abuse the complainant, a girl under the age of sixteen years, or did attempt to carnally know or abuse, &c., contrary to Drunkenness and Disorderly Conduct. This section of the Act of 1897 provides for the punish- ment of persons who are drunk and disorderly in private houses, as well as in public places— a very useful provision. Whenever, upon the complaint of a constable or other person, any person shall be convicted of disorderly con- duct while drunk in any street, highway, or public build ing, or in any other place or house of public resort, or whenever, upon the complaint of an inmate of any private house, any person shall be convicted of disorderly conduct when drunk in such private house, any such person so convicted shall be liable to a fine not exceeding twenty- five dollars, and, in default of payment, to imprisonment according to the scale provided in the schedule to this Act. 68 1 Justices of the Peace, Summary Juris. utction. Form of Information or Complaint (General). District, Newfoundland. To wit. The information or complaint of John Giles, of Snooks Cove, .„ the said District, fisherman, who, upon his oath, saith-(//.r. gtve the words of the complaint or informa- in the first person). The complainant signs or puts his mark, and the Magistrate ^vrites in the left hand corner of the paper. •' Sworn before me at afore- said, this day of A.D. his 1 8 . And in cases of markmen x he adds (having first been read John Wills over and explained to the said mark Thos. Wills, J. p., or Stipendiary Magfstrate. LAND— Title to. Sec p. 533. LARCENY~P. 533, and see in Appendix of Forms ^^LOTTERIES-See chap. 75. Consol. Stat. N. S.. p. ^ LUMBER-Insptction of. See p. 821. Consol. Stat.. 682 1 ■ Malicious Injury to Property, Manslaughter, &c. LUNATICS— See Act, 1897. MALICIOUS INJURY TO PROPERTY. For that you, Job Stiggins, on, 6ic., at, &c., maliciously did injure {or damage or destroy) a certain gate, the pro- perty of John Jones, contrary, &c. Sum. pun. not ex. 2 mos. jail, or fine not ex. $20; also compensation not ex. $20. MANSLAUGHTER. For that he, the said A. B., on the first day of June, in the year of our Lord , feloniously did kill and slay one J. N. against the psace of our Lady the Queen, Her Crown and dignity. F. Pun. not ex. 2 yrs imp. (I. A.) 24 & 25 Vic , <:. 100, s. 5. B. never taken by Magistrate. Indict. Manslaughter is the unlawful and feloniously killing of another, without any malice, either express or implied. It is of two kinds; (i), Involuntary manslaughter; where a man doing an unlawful ad, not amounting to felony, by accident kills another, or where a nan by fulpabk nettled of a duty im posed upon him is the cause of the death of another. And it may be stated generally that that which constitutes murder being done by design, and of malice prepense in the eye of the law, constitutes manslaughter, when arising from culpable negligencr; (2), Voluntary manslaughter; v '..ere, upon a sud- den quarrel, two persons fight, and • of them kills the other, or where a roan greatly provokes another, by some personal violence, amounting at l<4st to a blow, and the other immediately kills him. Where it is doubtful whether the ctime is murder or manslaughter, the Magistrate should charge murdn- on the enquiry, a.s the Crown officers may afterwards indict for mansluughter only; or the grand jury, on an indictment for murder, may find on. man- slaughter. Ihrnicidt not ffUmous.—No punishment or forfeiture shall be incurred by any person who shall kill another by misfortune, or in his own defenre, or in any other manner, without felony, as & ae Vie,, c, 100. .. ■», ^•r^ffn^ii:- 6^3 Marine Court of Enquiry, Masters and Servant, MARINE COURT OF ENOUiRv q Consol. Stat. ^WQUIRY-See p. 880, MASTERS AND SERVANTS. The law on this subjectT^tained in the i.^th .h. tcr of the Consohdated Statute., tT V ^^ ^^^P" arrest unless the. isl '"^.,11^^^^^^^^^ partes or th... agents, and the Justice slThle ft ': ' duced before commencing proceedings. ^ Form of Complaint (Cap. 20). Northern District, \ Island Cove, > ,, to wit: ) Newfoundland. sent from my scrv.ce without leave (or refuses or «../.. ^^^nn ,is ,nt, .it,.^, s^^eient ej::^^' ^^^^ pray a warrant for his apprehension." Sworn, &c. John Jones. '"Vice, i( he will do .„. „„,, ,h" ,r.. '" """" '» I"" "»'"•■ the m..,.,. ,„ ,H, J:;,7^ '^' " "'7 »«'"" <,° '"I" Ota l-ck, tkl. .nd. ■-Ml 684 Masters and Servants, Murder. Warrant. Northern District, ^ Newfoundland. Island Cove, > To the Constables of the Northern to wit : ) District. Whereas complaint, on oath, has this day been made before me, the undersigned Justice of the Peace for the said District, by John Jones, that {here state complaint). These are therefore to command you forthwith to arrest Job Stiggins and bring him before me or some other Jus- tice for the said District, to answer the said complaint, and to be further dealt with according to law. Given under my hand, &c. T. Wills, J.P. Q In cfties of this kind the Magistrate should do all in his p"wer to reconcile the parties, and never imprison the ser- vant unless it is a bad case, or the servant obstinately refuses to serve his master without lawful excuse. Always bear in mind the paramount necessity in this country of not interrupting the fishery. M MURDER. For that he, the said A. B., on the first day of June, in the year of our Lord feloniously, wilfully, and of his malice aforethought, did kill and murder one J. N., against the peace of our Lady the Queen, Her Crown and dignity. F. Pnaishment— death. (L A.) 24 & 25 Vic, c. 100, s. I. Bail never taken by Magistrate. One J. l.—It inuii be proved that J. N. was the person killed; if tin; name of the person ki'ied be unknown it should be stated. .1 .^-' !'-l.-.^^|j^^^^^ Murder. "ealure in beini* ,-/ . discretion "nlawfuljy kijjp.h , "^ ^'"8» and under the Kinir-c „ . ^'" ''"X ""easonable -5'her express or implied.-. '"^ '^ P^"^"' ^";' "lalice aforethought ^ b, poisoning, ..dlintl, ' '■' :« "« ™""* ■" i»"«ab,e, „ „„ To make the killing murder ih/^ °'^^''=°'"^- (4 ^9/,,^ Comm iq6 ^ --- -^e or otL r '^.^- -; -- -^. a ,.r a^^ \ eel a ive but the fact of the child beine s^i I . '' '' "" "^ ««o"nt. '■''e .mbihcal cord. wi„ not prevent the ki il f"""J"' "'"^ '"^ '^""•" by ^ '>«V /'.^..-this mean. , ^ "" ""^'"e ""'^l"- --y in time of Jlr "" "'^'^'^ ^^"» '^ ''^ -t murder to ki„ „„ ,„,„ ei-her^xp'rlss !r impHe":; '^ """"'''-' -'''^ malice aforethought Malic. • •'•-- mind, and "^^ ^r^';^^ ^"^ «-. with f^i^J^^ evidenced by external circumstanc 1. '"°"'"' "'"■'^'' '°""ed design , •y-ng In wait, antecedent mena e, orm '?' ""^' '"^•^''' intention a ;^^ him some bodily harm. //;j;7;7"j'«'^-^' """ -ncerted schem^, to -;« extenuate or justify a hoiicid t'ht e^,.,^:,^^ '-' ''"wever gre.! ( /\ . V. A/aso„, Fosf. 13a. ) ""'^ '""^ '" evidence of express maliee. in many cases whpro n« ■• "'" ""/', i,. Thu,, ;,:: ::'r :',„x-!" « -p-iv i.&.„.. .^e ,.„ I'oaucide to be "^^.K ^ ' ! t^ 7'"^^-^"^ - P-"-s every or .no. ,.u„d to prove m.lice o" „ fr"" • ■'■''"^'"-' '"» prosecu homic.de from which the iurv r.!. Z-l ■ ''"" '^'^eumstances l..sides ,h. .r-.-.....cu, Hi, for ,he defendant to prove a^ 686 Preservatiou of the Public Peace. the homicide justifiable or excusable, or that it amounted but to manslaughter. In cases of express malice the homicide is usually committed in secret, and it IS rarely practicable to substantiate it by direct and positive testimony; in most cases the defendant is convicted on circumstantial evidence merely.— Lord Hale laid it down as a rule never to convict a man ol murder or man- slaughter on circumstantial evidence alone, unless thi body have been found. (2 Hale, 290.) {R. v. Hopkins, 8 C. & P. 591.) In cases of implied malice, the homicide is usually committed in the presence of others who may prove it, if not it must be proved by circumstantial evidence. {Archb., 622.) In all cases of murder, the Magistrate's first care should be to secure the guilty or suspected party; he should use the utmost care, caution and secrecy, in collecting the evidence. The body and the place of the murder should be carefully examined, and every minute particular noted: a Doctor should ex- amine the body, and, if necessary, hold a post mortem to prove the actual cause of death. The bloody clothes of the murdered man, or of the murderer, should be carefully kept by the ConstaWe, and also the instrument which caused death. All these things are necessary to produce at the trial. The Magistrate should remember that whilst every thing may appear clear to him who is on the spot, it is necessary to make the whole matter clear, perhaps months afterwards in St. John's, before a jury, who know nothing except what is proved before thpm. A murder can only be tried before the Supreme Court in St. John's. PEACE, PRESERVATION OF THE PUBLIC PEACE. I. One of the most important duties of a Justice of the Peace is to preserve the peace, and to that end he has various powers conferred upon him ; one of the most an- cient and most important of those powers is the authority to bind over parties to keep the peace. The general authority is contained in the Commission in the following words, — •' And to cause to come before you all those who, to any one or more of Our people, concerning their bodies, •.*'is7a^i«^^»g^0^ 687 Preservation of the Public Peace. or tae firing of their houses, have used threats, to find towards Us and Our people; and if they shall refuse to shall fi"nH T"'"^' '•''" ''^" ■■" °"^ P-ons. until they shall find such security, to cause to be safely kept." Binding over parties to keep the peace is a very useful Tars 'it^f f?^ ^^""' ^"'^^'^^ '^ ^ great vaHety of cases, .t tends to prevent fights and breaches of the peace, and m matrimonial differences, where threats are used, .t .s almost the only remedy a Justice of the Peace can apply; ,t may not always secure peace between the contendmg parties, but it will at least tend to prevent them commg to blows. 2. If a party has sustained violence from another, and has reason to believe that it will be repeated, or if without acual violence having been committed, he has been hreatened w.th .t either by words or gestures, and there- fore goes .n bod,ly fear, he may compel the offender to enter mto a recognizance, with .r without sureties, to keep the peace towards him. {Surety for good behavior is now not used because the sureties for the peace include sureties jor good behavior.) 3. To warrant an application against another for surc- .es to keep the peace, the applicant must make it appear from reasonable evidence that the party against whom he applies intends personal violence against him. But actual violence or even threats, will not be essentially requisite to furnish the evidence; it may consist in the looks ges- tures, or conduct of the party; but in such case it is necessary for the complainant to depose to his belief that /ii»(l'^i;«' / 688 Preservation of the Public Peace. such conduct, in fact, amounts to a threat of personal violence, and that he is afraid the defendant will do him some bodily injury. The complaint should be made soon after the cause of fear has arisen («). 4- One Justice, upon complaint on oath being made be- fore him, that from threats, &c., used within his jurisdic- tion towards complainant, or from threats used againsf complainant's wife or child, or from threats used by a wife agamst husband, or husband against wife, the complainant fears another person will do him, his wife, or child, some personal injury, may issue his summons or warrant against the party complained of. 5. Form of Complaint. — District, to wit. Newfoundland. The complaint, on oath, of A. B., of , in the said District [Fisherman] before me, the undersigned Justice of the Peace for the said District, who saith on the day of last, C. D.. of , [Fisherman] ^hcrc state the threats or other acts of violence of which the com- plainant complains, in his very words, according to the facts, as they took place) and that from the above and other threats used towards me by the said C. D I am afraid that the said C. D. will do mo some bodily injury («) The right to apply for sureties to keep the peace, exists only where personal violence .s apprehended. No injury to man's property (except set- Ung fire to h.s house), or threatening do so. giv s the Magistrate authority to 689 Preservation of the Public Peace. I therefore pray that the said r n find sureties to keep then. ^^ ^^ "^^^ ^^ required to towards me. ^ ^ "'" ""^ '^^ °^ g°°d behavior Sworn before me, this A. D. 18 , at day of aforesaid. A. B. (Sd.) T. Wills, J. p. o. personal violence,™ sle the" "'^ ^PP^"--- •he "Queen" for t ' "S "r'd"' "'"'""'"" "' and pea.eab,y depar*: shaU ? ' the" nu'ITof^r^r""' rLet:::;. rr, -,-*ou:,;'r: :: — ^hy^anyperson^^^^^^^^ (rt) The Justice of the Pejcc nr «»k -ke the .said proclarnat Ln 1,, a: „; .hT"/"'"''"' '^ ''^''^ ^^^^ ^° as he can safely come with a louL ^ "^ ''"''"' °^ « "^ar to then, silenc. to be whiisT ^ocb^at'n ."".""""";' " ^"^^ '" '''^ commanded" with 'oud voice make^ocrrto he 1^^^^^^^^ '''^^ ^''''^" "P-ly and like in effect:-^,. -W^ "/l/r .^ r;;/"f "''r" *" "^^^ *-'•«' - '''Part to ,., Hat,„,;„s or o^^ .^^ """''''" ^ ^'"^ Z--^'// 'o 'n the Act ,naae in the first year J^iTc r "^"" "' ^"'"' '"•""''"-'^ riotous assembties. Goo save xl Ze?'?^. ^''''""''"' '"-""'^ -'^ ill (594 Preservation of the Public Peaci. and persons so being riotously assembled, to the number of twelve or more, to whom proclamation should have been made, if the same had nof been hindered, and not dis- persing within one hour having knowledge of such hindrance— /v/^;/;/ [i Geo i, stat. 2, c. 5, s. 5]. i6.'^Apprehension of Offenders.— Persons so as- sembled, and not dispersing within one hour after procla- mation, may be seized by any justice, sheriff, mayor, peace officer, or other person commanded by them respectively to assist, and forthwith carried before a justice, [i Geo. I, stat. 2, c, 5, s. 3.] 17. Riot or Affray Generally.— Persons guilty of a riot, affray, or other disturbance of the public peace, may be app.ehended at the time without a warrant, and conveyed before a justice, who may bind them over to keep the peace, or commit them for trial for a misde- meanor. 18 Military Force.— If it should be found that the civil power is insufficient, the military may be called upon by the Magistrates to act. It is scarcely necessary to ob- serve, that their active services should not be required unless It is evident that the constabulary force is inade- quate to maintain the peace. It may, however, be expe- dient to request the military to hold themselves in readi- ness, as the knowledge of such a step having been taken by the Magistrates, will frequently prevent an outbreak, by convincing the parties of the power and determination of the Magistrates to suppress any disturbance which may -i'^lSB-^*^ -K^^JW^ggfi'' jn^ I Pirtyuru. arise The officer in command requires a written aoolica t.on .0 be made for the aid of the military, n order that he may be enabled to produce it at any fuLc t^e as hU proteefon against personal responsibiliiy PERJURY. For that he, the said A.B., on the day of at , m the said District, falsely, wickedly willnirJ and corrupt!, . did commit wilful and corrupt 'eriur"^ trut upon the luanng of a cerlain i„/onnalim or com Plmnt, prcfirrai by one C. D., or tie La An E. P.). against the peace, &c. ' ''^'"'"' M. I. Common Law. B. discretionary. Pun _fi„^ and ,mp. with hard labor, or in.p. not ex. 7 yrs and i^ competency as a witness. *^ ' '"' The oath must be taken— rl^ tn » i j- • ■ competent jurisdiction or uthoHtV (3^^ t^^^^ ^'^ '''°" " depending; (^) It must be faUe „ „ . V »^« ">»<".«! to the question 696 Practice in Criminal and Civil Proceedin 'g^' PRACTICE IN CRIMINAL AND CIVIL PROCEEDINGS. r. It IS most important for the Justice to bear in mind that It IS one of the necessary ingredients in all criminal proceedings that the defendant should have committed the (Offence with a criminal knowledge and intent ; the in- tent, however, sometimes cannot be positively proved it can only be implied from overt acts ; and every man' is supposed to intend the necessary and rcasoable conse- quences of his own acts. There are some cases in which the intent is inferred as a necessary conclusion from the act done, as where a man knowingly utters a forged instru- ment as a genuine one. the intent to defraud the party to whom he utters it is a necessary inference. For instance if, under color of arrears of rent, though none be actually due, I distrain or seize my tenant's cattle, this is trespass (a cwil mjury), :iot felony (a criminal offence). Where a shareman, dismissed by his master, went to his master's store, broke, it open, and took five quintals of fish, which he believed was his share of the fish, this would not be larceny (a criminal offence), but a civil injury trespass The clauii of right, as in the case of this servant, may be wholly unfounded, but if it is proved that the defendant bona fide, believed that he had such a right, it would do away with the criminality of his proceeding ; it will thus be seen that a guilty knowledge or intention is a necessary ingredient in all criminal proceedings, with the exception of some few cases which are made triable summarily under certain statutes, such as servants and apprentices absenting themselves from their master's service, and ' ^x ■^^i^* 697 Practice in Criminal and Civil Proceeding,. guilty knowledge and ,„..„► , ^ °'*^""- This tinctions which Loarae? "^' ""' "' ""^ S^"' di^- "•"u 534. if anow had cut down fk. . • * '^-^ cu..ld „ot be sun,mo„eH ,• " '" "«^ "'Sht. he behcf in his righ o do it 11"'"°" '■"'"^^' "'' *-« >* which da„,ag' ,t : be Toe'"' , "' ' """ '■'*"^>'' '- cHn,i„al oftcLc. Thstbecr'l "'"'"""' •""'• "<" " the head of larcenu ;„,. . "'"" ''^'"•'•"^'' '" ""der of the Boot ^' "" '''^P'^"'"'^ *" <*■-"■». "t 'He end -• ^'-'•^Hik OF Jurisdiction nv « , 1,.. A» this subject has been already , Id l?' ' ""'"- only remains to sav that wh^; ,u '" P'^^'^ '33, it one, it is enough to'^s tav ,he <■' .'"""" '' " ''""'""■l give then,selvcsj,"i diction h"" "'"" -""""^ """"' ous decision, " tL" iu d c.i '' "" """""""' ""'' ""™'- of r,„t. ■ *■ ' """""•■■'■•SIM law." A rl».™ of right IS not waived by the defend„,f i, on the merits. icfcndanls calling evidence 3- Estoppel or ■• A>n Judicah," i„i i .■ wh"c the matter has been fdjud^.ed on ,,""'"' •io" "<• complaint be dismissed th. TV '" '"'"■■""■ d«i;ded''iwS; 'H^tym^infiv^^''^ •>•")' where ,he . ' ^"ained under a day as t c fir" : .tt'^Vf^r^' "'"'"' ""^ "^ --""^ ral days aft hX ' , "^"^ "'"' ""= K""'" ^ve- to sub'ti, te .h;: mo o:",H°Tr"' """"'"^ '"^ «-■" uit hamc lor the first ivnrt-a.,f 700 Practice in Criminal and Civil Proceeding^ 9. Printed Forms.— Every Justice of the Peace should take care to provide himself with printed forms which can be obtained on application to the Colonial Secretary or to the Clerk of the Peace in St. John's, 10. Seal. — The seal which is required to all warrants, commitments, convictions, summons and other documents, purporting to be under the hand and seal of the Justice, may be any impression or a mark in ink made by the Jus- tice or the Printer and adopted by the Justice ; the im- pression on a wafer made with a key or even with the thumb will do. And until this absurd law is done away with, Justices should be careful to have a seal or some- thing like it whenever necessary on their papers. 1 1. Records. — A Record Book containing full particu- lars and notes of the evidence in all cases brought before him should be kept by every Justice. He should also keep a copy of every summons or warrant, and every con- viction should be entered and recorded in his book. I would also recommend him to have all complaints and in- formations written in a book for convenience of reference and also to preserve them The Judge i»f the Supreme Court on Circuit may request the Magistrate to shew his Records; the Justice will, therefore, for his own credit sake take care to have his Records kept in an orderly and CO t ct manner. 12. Generm. OnsERVATFONS.— In the detection and punishment of crime, a Magistrate should be active and energetic, leaving no stone unturned to discover the guilty part)-. None of the information which he receives, nor the evidence he takes before the party is charged on the ^Dt Practice in Criminal and Civil Proceeding^ •\if • . suspected or cfu tv oersnn tk Mamstrate ako cho,.i^ j b"""-^ person, ihe J, uait., aibo, should endeavor to discover fV,^ for the crime • nn ^<¥«., • aiscover the motive and when on^.TZZ • "d"'"^' ?''°'" =" "°"-- often a clue to all other ircult" " '""^"^^ ^"^ case. WhUst, ho: ve , " ru"d"th"""r''' ""■ "" arnvmg at a conclusion, vveiVhinp- wpII nil ft, evidence on both .^ides of the ques ion nn^ 7 ", 13- The evidence in civil cisp« f^ii^ favor of one party will entitle that oartv tn . ; i ..is .a™, both plaintiff and delendCi: l": l^^nd be co,npel,ed to give evidence ,or or against eadi ol,"" ' 4. A civil ease before a Magistrate or Quarter S.. ■ '» always con,„,eneed by a su„,n,o„s Th sh™ ,'7 r:.d ir r o™::; f r;: ^^ '^^ ~" - be Signed by tl^'Ctr^OnT rtlf' f ' ™.^ 7o2 Practice in Criminal and Civil Proceedings feturned by the constable to the Magistrate, he, the con- stable, should endorse on the back, — " I served the de- fendant personally with a copy of this summons on , {at such an hour"). 15. The summons should contain particulars of the plaintiff's demand, either on a piece of paper attached to the summons or written on the margin of the summons. 16. At the exact time when the summons is made re- turnable, the Magistrate sitting in the Court House should direct the constable to call the case, versus ; and, if neither party should appear at the appointed time, he may, if he do not choose to wait for the parties, mark on the back of the summons, "case dismissed." 17. Should the plaintiff appear, but not the defendant, the Magistrate should direct the constable to call out in a loud voice the name of the defendant or defendants three times, — "appear at the suit of , (plaintiff), or judg- ment will be given against you by default." The Magis- trate should then proceed to swear the plaintiff according to the form of the oath given in next section, and enquire carefully into his claim if he believe that he has a claim against the defendant, and he is bound to accept his evi- dence when not contradicted ; he will, however, use his own discretion under the evidence as to the amount for which he will give the plaintiff judgment. After examin- ing the plaintiff, and, if necessary, any witness he pro- duces, the Magistrate should also swear the constable, and if the proof of service is satisfactory, he endorses on the M 1 case 703 Practice in Criminal and Civil Proceedings. 18. The oath should be in the following form, and mav be admm.stered by the Magistrate or Clerk of the Peace !^ " The evidence you shall give in the cause now depend- The' tth V'Vr^'' ^'^ ^'°^^ ^^"^^' -^ -'hi but ttie truth. So help you God." The observations on oaths in Evidence also refer to swearing in civil cases. tim?' ^'".",, '"!."' P^"'"' *PP""' "■<= Magistrate, at the t.me when the defendant is summoned for, will Lt on« proceed to hear .he case. The plaintif, „,ay commence p.ocee ,„gs by n.abng a statement of his claim, or Teh of hi!" -T' """""^' '"^ p'^""'« «-'■- each o h,s own witnesses first, this is called examination m chief, and then the defendant may cross-examine them The Magistrate should bear in nUnd the rules of evidence shouldT P"'y^'™"y'° 'h^case before him, and should endeavor as much as possible to prevent e ther party interrupting the other. When the plaintirs case i fin.shed, the defendant then proceeds with his c, The may commence with making a statement of his grounds of good ground of defence to the act'on the T„ » ^'^S'strate that he hps 704 Practice in Criminal and Civil Froceedings. defence, {a) or he may at once proceed to call his wit- nesses ; these are examined by the defendant in chief and cross-examined by plaintiff. If the defendant calls wit- nesses, the plaintiff has a general reply. After hearing both sides, the Magistrate may immediately give judg- ment, or he may take time to consider it, making always as "ttle delay as possible in delivering his judgment. 20. Should the plaintiff at any time before judgment is delivered, choose to be non-suited, he can claim a non- suit as a matter of right. The effect of non-suit is, first, the plaintiff may summon the defendant again for precise- ly the same cause of action, which he could not do if judgment had been given for the defendant ; second, he has to pay the defendant's costs. 21. The costs to be paid for witnesses, {b) summons, (rt) Set-off.— \\{\% means the counter claim which the detv-idant may have against the plaintiff. To enable the defendant to set off his claim against plaintiff, ist, it must be between the same parties, not a sum due by plaintiff and anoiher to defendant; 2nd, ihc set-off must be liquidated, that is a sum certain, which can bo sued for as a common money debt, not in the nature of damages, such as for killing a pig, oi damage to property, which are known in law as unliquidated damages -damages which would have to be ascertained by a Court. (^) A witness is not bound to attend in a civil case unless his fee for at- tendance, 75 cents a day and lo cents a mile travelling to the place of trial and back to his residence, is first paid or tendered to him. Tender.— In making a tender it must be made to the party himself or some one authorized by him to receive it; the money must be produced unless the creditor dispenses with the production of it at the time, or does anything which is equivalent to a dispensation, such as saying <« You need not offer me the forty shillings, I won't take it." By law no tender in silver is good over $10. [Consol. Stat., p. 462.] Gold may be to any amount. Tender must be unconditional. 705 Quarter Sessiojis. &c., arc given at pages . .^ ... always be made to pay the costs h.f ^^''^ '^""'^ -ued for him, unless'he s a pa per ".' ^ '^°'"^ '^ he is not wo h five uounrn ^ ^ '"" '^^"^ ^^^^ appareJ. &c ^ """^^ °^'^ ^"^ ^"^^^^ his wearing QUARTER SESSIONS. held unde? au hortoT iTc ""' '"''""^ "'''^•' '^ by /». or more Jule '3^10,'"'°" "l'"' '^^^"^ ^''^ fi>ec.ed'bS r Vhrc:rrr """'" ^' ^ ^-^^^ - and was defined b. LoKn^ T^r^ ^ irr^^^f "r*; oyer and terminer, and a Court nf R ! ' "' Court o< Interior Jurisdiction " '"''''' ''"'' ""' " Commission OF THE PPxriT t .l -. 'onowing the En„ish"prt .Th ; ^a^GeT' ^r"'"' -.onoUbe Peace , or the Di.riet-:b;^rCo^:n; 2. The Courts of General :i»A m ^ r. JW, bee, .3, kno>vn as tlie Judicature Act, it was («■) Manual, p. 2, 7o6 Quarter Sessions. therein provided that these Courts shall be holder? at New- foundland and its Dependencies, at such times and places as the Governor shall, by his Proclamation, appoint; — this provision was continued and re-enacted by the Con- solidated Statutes with a slight variation, and this is now the Law. 3. Courts of General and Quarter Sessions shtui be holden in this Island and its Dependencies at such places with jurisdiction over such extent of District as hath been heretofore appointed, or as may be hereafter appointed, by the Proclamation of the Governor. Consol. Stat. 4. The next Section of the Consolidated Statutes pro- vides for the times when the Court shall be holden. " The Courts of General and Quarter Sessions shall be holden on the first Monday of January, April, July and October, and shall sit, by adjournment, from time to time, until the business pending therein respectively shall be disposed of, and there shall be no necessity for any Pro- clamation thereof." 5. The places where the Proclamation ordered such Courts should b-^ held, aie St. John's, Harbor Grace, Car- bonear, Brigus, Trinity, Bonavista, Greenspond, Twillin- gate, Ferryland, Trcpassey, St. Mary's, Placentia, Burin, Grand Bank and Harbor Briton. 6. The Courts of Quarter Sessions are now held only in St. John's, Harbor Grace, Carbonear and Brigus, and have fallen into disuse in all the latter places. Th' machinery of the Quarter Sessions is used in the other Colonies for KS9mmi-M^aieutwm^»' fof Qicarter Sessions. many useful public purposes, but in order to make this Tribunal of any practical benefit in this Island, it will be necessary in the first place to define the territorial jurisdic tion of each Court. 7- Appeals in Bastardy cases, see • B6, in License cases, and all Criminal matters where me English Law gives an appeal to Quarter Sessions, the appeal must now come before the Supreme Court. 8. Pltblic WiiARVES.-They may also make regula- f-ons for Public Wharves (Consolidated Statutes)- .''The Justices m Session, in the several districts of this Colony' may make and establish rules and regulations for the con- trol and management of Public Wharves within their seve- ral jurisdictions, ano fix and establish fees and rates of wharfage and penalties for violation of same; and such ruks and regulptions. fees, rates and penalties, after Wv^ approved of by the Governo, ' -np,,i|, shall have the force and effect of law." " Such rules and regulations shall be kept posted up in some conspicuous place adjacent to the wharf for which the same shall be prescribed." 9. Rules for Skating and Sliding.— The Quarter Sessions can also make rules for preventing persons from Skating, Sliding, &c., down hills, or highways, or streets. Consol. Stat. 10 NUISANCES.-The Sessions may also make orders for the preventio. of Nuisances dangerous to personal safety or affecting the public health. ConsoMdateo Statutes. See Quarter Sessions in General Index. 'Vf ;o8 Receivers of Stolen Goods — ReceiverL RECEIVERS OF STOLEN GOODS. For that he, the said A. P., on the day of at , in the said District, feloniously did receive of one C. D., {the thief), or, if unknown, say of a certain evil disposed person, one watch of the value of forty dol- lars {or money, as the case may <^r),thc goods and chattels {or money and property) of E. F., which had then lately before been feloniously stolen, he the said A. R. well knowing the same to have been so stolen, contrary to the statute, &c. , See also General Index. RECEIVERS. In Felonies, — Whosoever shall receive any chattel, money, v^'luable security, or other property whatsocvt r, the stealing, taking, extorting, obtaining, embezzling, or otherw'se disposing whereof shall amount to a folony, either at common law or by virtue of thi: Act, knowing the same to have been felon' ousiy stolen, taken, extorted, obtained, embezzled, or disposed of, shall be guilty of Felony. Pup.— imp. n. ex. 2 yrs Male under i6, whipping AccRSsoRlES.— An offender may be indicied and convicted culier ns nn accessory after the fact or for n suhstontivc (clony, nnd in the lull r cnse, whether the jirincipnl felon shall or sl\nll not have l>ci;n inviously convicted, or shall or shall not l)e amciablc to justice; hut no person howsoever tri"ii (or receiving as aforesaid, shall he liable 'o l)c prosnculed a second lime for the 55n5e Otisri?': ?69 Vagrants— Wrecks. VAGRANTS. 39 Vic, Cap. 12, Sec. 15: — Form. " All comiron beggars and vagrants, having no visible „<.«„. „# u • Peace, and, on conviction before the said Tustic*. m,„ k • • . * pciod not exceeding ten days." ^ ' ^^ ^' imprisoned for a WRECKS. See page 903 Consolidated Statutes (N. S.) Form. WRRCKS.-In cases of charges against parties for stealing from wrecks The forn, can be easily fran.ed; there is no need to give oardcuZ !/ P".y stolen; it is ,uite sufricien. to charge the party f' ha h .a L';r -. ./ /. ie M. u>r.a, ..uHout a lau, tUU, &-.. a, in the word, of tie Act >' I ;f6 Appendix of Forms of Offences, &c. APPENDIX OP FORMS OF OFFENCES, &c. Abbreviations in Forms. On, (S-'c, is an abbreviation for, on the (lay of Anno Domini one thousand eight hundred and ninely ; at, ^(,, is an abbre- viation for statement of locality, as, at Island Cove, in the Northern District ; /., means indict, offence, tt. ex., not exceeding years: i»i/>., impri- sonment; sum., means summary jurisdiction; //., means bail; Ih's., means discretionary; Com/)., means compulsoiy; /"., felony: M., mir> leanor; /. A., Imperial Act. All offences not marked .Sum»i , are indictable of- fences. Offences marked Sumin., are cognizable under summary jurisdiction. ARSON. 1. {Dwelling House, person being therein.) — For that he, the said A. B., on, &c., at, &c., unlawfully, maliciously, and feloniously, did set fire to a certain dwelling house of C. D., there situate, one E. D. then being therein, con- trary to the statute. runishment— Imp. n. ex. 2 yrs. B. dir,. F. (I. A.) 24 and 25 Vic., c. 97, sec. 2. 2. Ifonse, Stables, dre.—Vov that he. the said A. B., on, &c., at, &c., unlawfully, maliciously, and feloniously, did set fire tr a certain house (or stable or outhouse there situate, in the possession of the said A. B. or C. I).), with intent thereby then to injure the said C. 1). (or to defraud the — Insurance Company), contrary to the statute, &c. Punishment — Imp. n. ex. 2 years. B. dis. F. (I. A.) 24 & 25 Vic, c. 97, s. 3. 711 Appendix of Forms of Offences, &c. ASSAULT. All assaults, except to commit murder or rape, are triable at Quarter Sessions, St. John's and Harbor Grace only. 3. Stabbing, drc, with intent to maim, resist apprckcU' sion, disable, &c.—Yor that he, the said A, B., on, &c , at &c., unlawfully, maliciously, and feloniously, with a certain gun, then and there loaded with gunpowder and divers leaden shot, did shoot at one C. D., ^or did, by drawing the trigger of a certain loaded gun. attempt to discharge the said gun at , with intent, in so doing, then and there to maim {a) or disfigure {b) or disable {e) him) or to do some grievous bodily harm, or to resist and pre- vent the lawful apprehension of the said A. B., or of one E. F., contrary, &c. Punishment-Imp. n. e.x. 2 years. B. discretionary. X, (I. A.) 24 & 25 Vic, c. 100, s. 18 & 19. 4. Causing bodily harm,— Vox that he, the said A. li, on, &c., at, &c., unlawfully, maliciously, and feloniously' did wound (or cause certain grievous bodily harm) to one (rt) Mahn, n o injure any part of a man's body 'vhich may render him in hghting. lew able to defend him,elf, and annoy his enemy. {h) Dis/i^ur,, \. u. d,. ,orr.e external injury, which mty detract from hi. pcr«onai appearance. C.)^^J^"^/r.Utodo«.omclhinjiwhith create, a permanent diwbiliiy. and ROi RtSrsiy s tcKiporary injuryt 712 Appendix of Forms of Offences^ &c. C. D., with intent, &c., {as in Form 3, varied according to the circumstances of the case), contrary, &c. Punishment — Imp. as No. 3. B. discretionary. F, (I. A.) 24 & 25 Vic, c. 100, s. 18. 5. Misdemeanor in Stabbing, &c., or indicting grievous bodily injury, — For that he, the said A B., on, &c., at, &c., unlawfully and maliciously did wound one C. D,, (or unlawfully and maliciously did inflict upon one C. D. cer- tain grievous bodily harm, with a certain weapon or in- strument called ), contrary to the statute. M. B. dis. Imp. n. ex. 2 yrs. (I A.) 24 &' 25 Vic, c 100, s. 18. 6. On Magistrates or Officers, &c., in ease of Wreck. — For that he, the said A. B., on, &c., at, &c., unlawfully did assault, and did strike or wound C. D., Esquire, a Magis- trate (or Commissioner of Wrecked Property), then law- fully authorized in and on account of his the said C. D.'s duty in and concerning the preservation of a certain vessel {there in distress), {or wrecked), {or stranded, or dist ashore), {or lying under water), or certain goods and ef- fects, wrecked, &c, contrary to the statute. Punishment — Imp. n. ex. 2 yrs. M. B. discretionary, (I. A.) 24 & 2S Vic, c 100, s. 37. 7. On Peace or Revenue Officer. — For that he, the said A. B , on, &c., at, &c., unlawfully did assault {or resist, wilfully obstruct), C. iJ., he being then a peace officer, to wit, a constable of , and then in the due execution of his duty, contrary to the statute. ♦ ■ . ''T | f» f i ' -m i niftnn , 713 Appendix of Forms of Offmces, &c. Punishment— Imp. n. ex. 2 yrs. M. B. discretionary (I. A.), 13 & 14 Vic, c. ioi,s. 9. 8. Common Assault and Battery {Indict.), with or with- out Bodily /tarm.~¥or that he. the said A. B., on, &c., at, &c., unlawfully did assault, wound and ill-treat C. D. {and if so, and thereby then occasioned unto said C. D„ great actual bodily harm) {a), against the peace, &c. 9. Common Assault. (5/^w;//.)— That on the "^^y «^ at in the District, C. D., of, &c., at, &c., did unlawfully assault and beat {if no battery, say assault), this informant, contrary to the statute, &c. 10. Assault on Constable. {Snmm.)—Ii\d unlawfully assault and beat this informant, he being one of the con^ stables of, &c., and being then and there in due execution of his duty, against the peace &c. ri. Aggravated Assault upon Females and Boys under Fourteen. {Summ.)—¥or that he, the said A. B., on, &c., at, &c., unlawfully did assault and beat {or assault) a certain male child, not exceeding the age of fourteen 00 .tana bchlyharn, would include any hurt or injury calculated to in- terfcre with the health or comfort of the prosecutor, it need not be an injury of a permanent character, nor need it amount to what would be considered jiinevoiis bodily injury. Grievous Miiy injury. -U is not necessary that a .rievous Mily harm should l,e either permanent or dangerous} if it be such as saiously to inter- ere with health or .omfort. that is sufficient ; and therefore, where the de- fcndant cut the private parts of an infant, and the woun.l was not dangerous. _j „.,.j ,,_,,„j Hcju laa; ;nc COnviCiiOii was right. .Ill lii 714 Appendix of Forms of Offences^ &c. years, to wit, of the age of years, {or a certain female), named C. D., (the complainant), contrary, &c. 12. Indecent Assault on a Female (a). — For that he, the said A. B., on, &c., at, &c., unlawfully did indecently assault and ill-treat a certain female, named C. D., against the peace, &c. M. Imp. not ex. 2 yrs. 24 & 25 Vic, c. 100, s. 52. B. disc. ATTEMPTS TO MURDER Bjf Stabbing or causing bodily harm, or Shooting. — For that he, the said A. B., on, &c., at &c., feloniously did wound one C. D. (or feloniously did cause cctain grievous bodily harm to C. D., or feloniously did shoot at C. D. with a certain gun, loaded with powder and ball), with in- tent, in so doing, then and there feloniously, wilfully, and of his malice aforethought, to kill and murder the said C. D., contrary to the statute, &c. (a) Indecent tssiiHtl must be an assault accompanied with indecency on the fait of the defendant. Where there is proof that the woman assented, defendant must be acquitted. If, on an indictment for an indecent assault, it apMcars that the woman consented to the assault, but that her consent was procured hy frnwi^ such consent cunstitutei no defence. See also under S.-iMirniiy JuiittUlciiun. Appendix of Forms of Offences, &c. F. Imp. not ex. 2 .yrs. B. dis. (I. A.) 24 & 25 Vic, c, 100, s. 57. Indict, {a) i;:i!iiii!iii! BIGAMY. For that he, the said A. B., on the day of ^^ ' in the said District, feloniously did marry and take to wife one Ami Smith, his former wife, to whom he was previously married, to wit, on day of A. D. 18 , being then alive, contrary, &c. F. Imp. not ex. 2 yrs. B. dis. (I. A.) 24 & 25 Vic, c. 100, s. 57. Indict. Prove first marriage, and that first wife was alive at the time of the «econd marrmge. The marriage may be proved by the production of the register, or by an examined copy or extract, provided it purport to be signed and certified as a true copy or extract by the officer to whose custody the original is en- trusted. Prove s.-cond marriage. First wife is not a competent witness to prove any part of the case, either for or against her husband; the second wife 18, the previous mariiage being proved, for the second marriage is void. [Arch, 275.] («) Accomplick.-D.;tv ok a Justick—A Justice has no power to make a promise of pardon, and it is hin duty to commit an accomplice for trial, notwithstanding it is intended that he should give evidence for the pro- secution. Where the evidence would be too weak to justify a commitment independently of the testimony of the accomplice, the proper course seems to be to take the deposition of the accomplice in the usual way, cautioning him, at the same time, that he is not bound to say anything which may criminate himself. In this case, the accomplice would be bound over as a witness, and the circumstances explained to the Judge, before the indictment against the prisoner is presented to the grand jury. The rule which requires the evi- dence of an accomplice to be corrolwrated is one of practice only, approved of by the superior courts. Appendix of Forms of Offences, &c. BURGLARY.' Entering a Dwelling House at Night, with intent to commit Felony. — For that he, the said A. B , on the day of , at j in the said District, about the hour of (eleven) in the night, feloniously and burglarious- ly did break and enter the Dwelling House of C. D., there situate, with intent to commit felony therein, contrary to the statute, &c. Lhvelling Hotise, — Must ptoVe that the defendant broke and entered the dwelling hoilse in which C. D. resided, or some building between which and the dwelling house there was a communication. Breaking. — There must be a breaking, actual or constructive; but lifting a latch, breaking out a pane of glass, pushing open a window, fastened with wedges, has been held a breaking. Entering through an open window — is not breaking — breaking out, however, through an inner door — is sufficient breaking. Entry. — Any, the least degree of entry, however, with any part of the body, or with an instrument held in his hand, is sufficien'. Intent. — The best evidence of intent is, that the defendant actually commit- ted the felony alleged to have been intended by him. Ni^ht. — Ly law, now, night commences at 9 p.m., and ends at 6 a.m., of the next morning. To constitute a burglary, crime must be committed within those hours. CONCEALING BIRTH OF A CHILD. For that she, the said A. B., on the day of , at , in the said District, svas delivered of a child, and being so delivered of the said child, did then unlawfully endeavor to conceal the birth of the said child, by secretly burvine the dead body of the said child (if it was bv other 71? Appendix of Forms of Offences, &e means than secret burying, state the mode of disposing of the body), contrary, &c. ^ s j M. P- -Imp. not ex. 2 yrs. (I. A.) 24 & 25 Vic,, c. too, s. 60. Indict. B. discretionary. ^;>/^ -This must be proved, and the mode of concealment, and also that the mo her did .t. if she is the one charged; the body of the hild mus be cover d ,„, „,,_ ^^^^^ ^^ ^^^ ^^^^^ ^^ y Id must .e m de for confinement, and no assistance called for, generally form part of the evidence m such cases. Three points must be proved in such cases: st Tha the woman was delivered of the child; 2nd, That she secretly buried orotherw.se secretly disposed of the body; 3rd, That the burying w an actual concealment of the body. ^ ^ FALSE PRETENCES. Obtaining Money, Goods, &e., by False Pretences -For that he, the said A. B., on, &c., at, &c., did unlawfully ob- tain from the said C. D., certain goods {or money, as the ease may be), by means of a certain false pretence then and there made by him, the said A. B., to wit, that he was sent to the said C. D., by one E. P., to buy the same for him {setting ont the false pretence), with intent thereby then to defraud, well knowing the said pretence to be false, against the form of the statute, &c. Mis. Pun. not ex. 2 yrs. imp. (I. A.) 24 & 25 Vic, c. 96, s. 88, 89 & 90. B. dis. Indict. Must prove false pretence as charged. Property obtained or money if the tZ^l f "7/ '"° T' °' ^•^°=^' P'""' •''"'♦ ^'- clefendant'o'btained one pair will do. Utoney.—Com mnv h" r1.c,.jM,«,i .: i 4 18 Appendix of Forms of Offences, Sre. ticular species of coin, of which such amount was composed, shall not be proved. [Arch. 314.] With intent to defraud.— 1\. is only necessary to state in the charge and to prove an intent to defraud, generally, without alleging or proving an intent to defraud, any particular person. The defendant may be convicted, although the offence turns out to be larceny. FISH STEALING. Codfish, green or cured. — For that he, the said A. B., on, &c., at, &c., three quintals of codfish, cured (or green), of a value not exceeding twenty dollars, to wit, of the value of fifteen dollars, of the goods and chattels of C. D., feloni- ously did steal, take, and carry away, contrary, &c. Punishment — Imp. not ex. 6 weeks. Siinini. FCvRGERY. For that he, the said A. B., on, &c., at, &c., feloniously did forge (or did offer, utter, and put off to John Munn and others, trading under the firm of John Munn and Company, well knowing the same to be forged), a certain order, purporting to be an order from John Jones to John Munn and Company, for the payment to Job Stiggins oi 719 Appendix of Forms of Offences, &c. 24 & 25 Vic. 0.98,8.23. te^n pounds. ,or „age. „,h i„,e„t .hereby then to de„aud, F. Pun. not ex. 2 yrs. imp. (I. A.) B. dis., Indict. c^- B. discre- c»r:;rtr.;X'i7.ro:r:^^^^^^^^^^^^^^^ i-"""=iuii, wun ft 720 Appendix of Forms of Offences, &c. I felonious intent to convert thPtn to the use of the offeader, without the sent of the owner. But gooas which are not personal chattels at cntnroo. law have been made the subject of larceny by statute. Sunple larceny is the larceny of the goods only; compound, is a larceny from the person or hab-'.. tion of the owner. [Boothby, Syn. 163. ] The component parts of the oh ;.,c:c of simple larceny are the taking— the carrying away or asportation (as it u technically termed)— and the felonious intent. With respect to the (ttking, it may be either actual or constructive — actual, where the party takes the goods out of the possession of the owner invito domino, by force, or stealth or the like; constructive, where the possession is obtained by some trick or artifice, or the like, with intent at the time to coiivert them to the party's own use, but which has not the effect of transferring any right of property from the owner to such party; for if svh right be tiansf^.'red, the offenc will not ue larceny, but may be that of obtaining goods under fflse pretences. [2 Arch,] With respect to the carryin"^ away, any removal of the goods from the place where they were, however ught, and notwithstanding they may be left on the premises, will be a sufficient asportation; as, for instance, removing a parcel which lay in the forepart to the middle or tail of a waggon; taking plate out of a chest and lay-ig it on the floor; snatching an earring from a lady's ear, which is instantly dropped imoi.T; the curls of her hair; or draw- ing a pocket-book out of the inside pocket of a coat above the top of the pocket, although it should then fall aga'n into the pocket. [B. Syn. 196.] But a mere change of position of the gootl wil! not be sufficient; as, for in- stance, setting a wrapper which was laid lengthway of a waggon on one end for the greater convenience of taking out the contents. To constitute the larceny, the felon must, for an instant at least, have the entire and absolute possession of the goods. [A', v. Cher, v, 2 East, P. C. 556.] It will be lar- ceny for a person to run away with mc ney given to him by another person to procure a railway ticket, she being preseni all ihe \Xrtr, [R. v. Thompson, 32 L. J. 5-J J There must also be a compie'e severance from the possession of the owner, and therefore it has been Velu '!,<». the asportation will not be complete if the prisoner were unable to carry off the property on account of its being attached to the counter by a string which was not cut or broken, or on accou'it of its being tied to a bunch of keys which remained in the prose- cutor's pocket. With respect to the felonious in,.nt the goods must have been taken without any claim of right, for if they were taken either by mis- take or under a /lona fide claim oi right, however uu'ounded, it will not be felony. But it will be for the Court to determine on the evidence, whether they were taken under such an assertion or supposition of right, or with a thievish and felonious intent. The animus furandi must have existed at the 721 Appendix of Forms of Offences, &c. i:me when the goods were taken, except in the case of a servant stealing his ma-^-r'. goods, when this principle will not apply [gee R. v. Roberts, 3 Cox, C. C. r4j, the subsequent appropriation of them without an original feloniou. mtent not constituting the criminal offence of larceny. It may be laid down as a general rule, that the taking and carrying away are ftlonious, where the . oods are taken against the will of the owner, either in his absence or in a clandestine («) mar -sr, or wh^re possession is obtained hy force or surprise or by a trick or fraudulent expedient, the owner not voluntarily parting with his entire interest in the goods, and where the taker intends, in any such case, fraudulently to deprive the owner of his entire interest in the property against his will, permanently and not temperarily. («) The openness or secrecy with which an act is do*, i. an important element in the considerati... of this offence, and constitutes in many cases -he distinction between a felony and a trespass. NoTE.-information on other offences will be found throughout this work: the reader should consult the Index. i .1.;! ■^\:-/ A ABBR In ACCES ACCO> ACTS- ACTU/^ ACCUS Stai Cm Wit Exj ADJOII ADULT ADULT ADVER AFFIRN AFFRA^ AGE-U AGE— oi AGRICU AGRICU SocJe AIDERS ALLKGL Oath See a ALIENS- Nalur AMENDiV ANIMAL.^ • »>f ;:.'DEX. 710 532 126 5'J A. I'AQE. ABBREVIATION— In Forms ACCESSORIES [[[ ACCOM PLICE-Note • yjc ACTS— Imperial Acts ^ ACTUAL BODILY HARM \ ACCUSED— Statement of Caution to ' Witnesses of Expenses of accused's witnesses ADJOURNMENT (see also Remand) ADULTERATION of r,iqu„rs ADULT ^^' 61S 30 412 413 569 ADVERTISING LOTIERIES-Penalty for AFFIRMATION (see Evidence) AFFRAY *^' AGE— Under License Act AGE— of Child under Summary Jurisdiction AGRICULTURAL ACTS ]] AGRICULTURAL— Societies AIDERS and Abettors ALLEGIANCE— Oath of Sec also Aliens ALIENS— Naturalization nt, . AMENDMENT [ ANIMALS (see Cruelly to) 478 613 31 38 560 S2I 51 48 «3 »30 726 Index. -J APPEAL— Must be created by express law , See also Summary Jurisdiction » . , Districts Courts I^icense Law , Bastardy Also, Stating a Case Stealing Codfish APPEAL (see also note) On Appeals from Magistrates on the Treaty Shore. APPEARANCE Summary Jurisdiction APPENDIX of Forms APPREHENSION of Offenders ARREST In Felonies Misdemeanors By Private Individuals Warning Breaking doors Time and place of arrest ■ Breach of the Peace Abusive language Forcible entry Summary of the Law of Arrest Arrests by Private Individuals ARSON Page. 52 • 619 6 • 483 . 86 • S4S • 112 • 530 565 • 710 396 55 55 56 56 57 57 57 57 58 58 58 59 61 ASSAULT— Defined Common Assault Complaint note On Constable (see note) On Constables Aggravated Assaults on women and children 65 Dismissal f;^, 63 63 f>3 64 727 ^_ hidex. ASSAULT (continued)— Release Page. Ouster of Jurisdiction * ^7 Assaults on Clergymen ^7 On Magistrates— at wrecks With intent to commit felon> ' " Indecent — Form Assaul. on ^rls under ,6 ,see al^ ca;nany'k::w;:;::d "^, Punishment for assault on Constables ' ." ^^^ ATTACHMENT- 64 On judgment in District Court Civil cases before Magistrates. . . . • '^ 68 68 69 714 ATTEMPTS— To commit murder. Or rape 21 714 ATTENDANCE of witnesses " ^^S ATrORNEV— ' 560 Fee for, in summary cases— note ... B. 572 BACKING WARRANT BAIL (sec also 420) 395 BASTARDY 70 BIGAMY 72 BIRDS-Wild or Migratory(sVe"gam"e" laws)' ! ! .'." ! '' BODILY HARM J24 BOOKS (see copyright) 7" BREAD (see also biscuit; ^8 BREACH OF THE PEACE. ...!.... '°' BRIDGES »oi BROTHET S >oi PUTLDING— «02 Burnt, dilnpidalcd or dangerous Used (or prostitution '°' loa 728 Index. Page. BURGLARY 103 Forms 716 BURIAL IN ST. JOHN'S 104 BURNING HOUSES f see Arson) 61 BURTHEN OF PROOF 104 (See also Evidence ^ 288 c. CAPTION 433 CARROTS— Standard Weight 104 CARTS, Carriages, Catamarans, Waggons, &c., owners name on 104 CARRIAGES, Ac., rule of the road 105 CASE FOR SUPREME COURT 545 CASH CATTLE— Disease, prevention of 105 Landing of • • 105 Slaughtering of 106 Dead, leaving in coves, &c 106 CAUTION in summary cases 617 Indicta jle offences 410 CENSUS 106 CENTRAL DISTRICT COURT (see District Courts) 2 to 20 CFNTRAL DISTRICT defined CERTIORARI Form CHARGE CHEATING At play CHILDREN HI See also Summary Jurisdiction Act, 1879 611 Delnition of 601 CHIMNEY • • • Ill CIVIL— business of J. P 21 S30 107 109 43.5 IIO 110 729 Index. Page. 113 112 CLERGYMEN— Not compellable to give evidence of confession. . . CLERK OF THE PEACE COALS— To be sold by weight COMMITMENT .\\ "* COMMISSION OF J. p .'!!!..'.'!." '^'^^ COMPLAINT 520 COMPROMISING in Summary Cases..."." .'.'"'" ^^"^ CONCEALING birth of a child "" ^^ CONFESSION of prison- 7°^ CONFESSION 411 and 437 CONSTABLE ' "7 COSTS "7 Summary Jurisdiction (879 '*^ COMMITMENT FOR NON-PAYMENT. '. ^^ COMMITMENT 598 COUNTERCLAIM-District Courts. ........'." "* COURT OPEN- ^ Indict, offencer Summary '♦"S Contempt of— note ^^^ CONVICTION-note .... ' " " ^^^ May be amended ^^^ Form of 538 Forms of various ^^ D. "' DAMAGES- SCO also 541 DAYS-CLEAR !....... ^' DEATH— 416 Dying declaration DEER-Prescrvation of !.....* '^^ Forms '6° 166 730 Index. Page. DEFECT in form of warrant 3^3 DEFENDANT— non-appearance of 563 DEFAULT— District Court ,3 before Magistrates 702 DEPOSITION— how taken, &c 406 DESERTED WIVES AND CHILDREN 169 ri'orm of complaint j », DESTRUCTIVE INSECTS— Colorado Beetle i-^ DISABLE— meaning of -i j DISCHARGE OF PRISONER 424 DISCRETIONARY POWER OF J.P 539 DISFIGURE— meaning of 711 DISTRICT COURTS 2 to 20 Court of Record 2 One to be.held in St. John's, &c.— jurisdiction 2 Harbo Grace— jurisdiction 3 Limits of jurisdiction— Formal proclamation not required 3 One Judge . Judges to be Stipendiary Magistrates, &c 4 Plaintiff not to divide cause of action 4 Power to compel witnesses e Fieri Facias and Execution c Not removable unless over $20 6 Appeal 6 Judges to make Rules 7 Salary - Clerk of the Court 7 Detinue — jurisdiction in 7 Counterclaim g Equitable defence 8 Rules — how to be made 9 Must be approved by Supreme Court. 10 731 Index. Judge to take evidence in wntiii<»— *.„;^ ^Miz. be in writing ..... ,7*'"e-;^;';dence, questions, rulings, to DISTRICT COURT-CENTRAL- '° Rules 1 Sittings of the Court " 2 Snmmons. requisites and forms | " 3 Summons, how signed ^ ^ 4 Process book to be kept " " 5 Summons, when to be served ^^ 6 Service, how effected I2 7 Service on a firm I2 8 Service on absent defendants ." '.*.*.' " 9 Order of trial of causes ^2 11 Set off-Counterclaim ^3 12 Default 13 Amendments 13 14 Execution 13 15 Forms of writs of execution .'.'.'.* *3 16 Atlachment, warrants, forms '.!!.'!'.'..' '^ 17 Appeals 14 18 Transmission of appeals ^4 19 Costs 14 * 20 Costs on appeal ^S 21 Forms 16 DISMISSAL— note I7 to 20 DISORDERLY PERSONS. ' S66 DISTRESS / 1 76 DOGS (see Agricultural Acts) "S DRUNKENNESS 36 DUTIES or JUSTICES OF THE PEACE '^^ DYING DECLARATION 5^9 Forms 177 178 732 Index. Page. DYNAMITE— Storing of. . 179 E. ELECTION LAW 185 ELECTRIC TELEGRAPHS AND TELEPHONES— Protection of 280 Declaration to be made by Telegrapher 281 EMBEZZLEMENT • 281 ENLISTMENT in foreign service 283 ENCROACHMENT on public beaches, &c 284 ENQUIRIES concerning public matters 285 EQUITABLE defence -District Courts o 8 EVIDENCE— 1 General observations 287 2 Objection to credibility 288 3 Husband and wife of Informer 288 4 Defendant not competent or compellable in indictable offences.. 288 5 In summary proceedings, defendants competent, but not com- pellable • 288 6 Husband and wife 280 7 P/iviiege of clergymen 289 8 Exceptions— Idiots, lunatics, children, &c 289 9 Want of religious belief 289 10 Authority to administer oaths 290 1 1 Form of oath 290 12 Distinction between form and subst.ince 290 Interpretor's oath (note) 290 1 3 Affirmation 14 Punishments for false ^affirmation 291 15 Party objectmg to be sworn may make declaration 291 16 Examination and cross-examination 292 1 7 How far a party may discredit his own witness 292 18 Proof of contradictory statements of adverse witness 292 19 Cross-examination on previous statements 293 733 ______________ Index. EVIDENCE (continned)- 20 Previous conviction -how proved _ , ^'^°^' 21 Re-examination 293 22 Judicial notice 294 23 General rules of evidence ^94 24 Public documents 395 25 Evidence obtained by promise or threat ...'."."." ^^^ 26 Handwriting, evidence of ^97 27 Police as witnesses '^P 20 Presumption of innocence ^99 EXPORTATION of Arms, &c ^99 EXAMINATION-(see indictable ofiencesV '^^ EXECUTION— 405 (See civil jurisdiction of Magistrates) and District Courts 2i EXPENSES-(See fee and costs'). ' '3 EXHIBITION— Indecent (K^^ ■ 1 „.. „, ^ inciecent-(See indecent exposure) EXPLOSIVES (see dynamite).... 300 EXPOSURE-Indecent exposure of person! '^^ EXPORTATION of arms 3oo 283 F. FALSE PRETENCES..."! FEES and Costs 3oi (See Disirict Court) 302 Before J. P 15 FELONY 22 FEMALES ^ 303 (See also assaults on females) . ^5 FEMALES-Passengers to Labrador FENCES 304 FERRIES // 304 FlNEy-How appropriated .'. . . .,' .'.' 305 FINE or Imprisonment S26 570 J5E5>*-. .0.^ t> % ^.^ IMAGE EVALUATIO:\t TEST TARGET (MT-3) // » %r ''^i^: ^ :a f/. # 1.0 Sfi^ I.I 4S 1.25 mil 1.4 6" M Z2 1.6 / '.?jr ^ ^ a/m Photographic Sciences Corporation 33 WIST MAIN STMIT WiBSTfRNY I4SI0 (7i«) iTa^soa iV ^V <^ ^ N? :\ \ ^ 6"^ ^^^^'' ^ 4i. 734 Index. Page. FIRES — Enquiries respecting origin of fires ,q5 FIRES in the woods 307 FISHERIES • 315 (See Fishery Rules 1898, which are now law). FISH— Manufacture of fish into manure ^,c FISHERIES— Inland, now regulated by fishery rules, 1898 316 FLAX SEED— Weight of g FLOUR— Standard weight of barrel itw FOOD— Inspection of , g FORGERY 322 FORMS in indictable offences t^ gp FORMS in summary jurisdiction under Jervis's Act 581 to 598 FORMS under Summary Jurisdiction Act of 1879 644 to 671 FORMS under summary jurisdiction -slander 5-0 Girls carnally knowing and abusing, under 16 ggg FORM of information or complaint, general gg, FORMS are also given generally throughout the work (see under special subjects), FORMS in Appendix ^,0 j^ ^^j FORMS, defect in GAMES— Pla>ing in streets. -22 GAMBLING— (see License Law) .-g GAME LAWS g GRIEVIOUS bodily injury 7,_- GUNS— Firing in city . jq Carrying on Sunday „„ GUNPOWDER— Storage of ^^o H. HABEAS CORPUS -^^ HARBOUR-Throwing ballast, &c 334 HARD LABOUR „ HARES (see Game Laws) HAY— Weight of, sale, &c 335 < 4 . 735 Index. HEALTH, PIJBLIC-Board, of Health &c ■'*°'- >'i^ARmG-,„su.„a,,j„,.«o„ .::::;:::; ^^^ In Baslardy 5^4 HEMP SEED-Standard weight.' 8i HERRINGS-Measure.... 374 HIGH SEAS ,7 HUSBAND AND WIFE 532 I. 375 IDIOTS AND IMBECILES ILLEGITIMATE CHILDREN ('see'B^^t'anM " "^ ^^S IMMIGRANT^_vr» a- bastardy) „,^^"'^'""''''"'^ Infirm.... ^^^ IMPEACHMENT OF CREDIT OF WITNESS ^^8 IMPRISONMENT (see Hard Labour) ^^a INDIAN CORN- Weight of 378 INDICTABLE OFFEN^F^ ^T ■• 378 ^ '=''>'<-tiS~Lnqmries into .... ^' I Division into Indictable Offences nnH « ^^9 3 Form of Indictment 379 4 Indictment may |)e preferred withr^J • ^So 5 ^<-n-Hythi.ruLi. J:;;::::/'^^^'---^^^^^^^^^ •••• 3«o 6 Prevention of vexatious indictments ... ^^° 7 Perjury 381 8 General observations 38a INDICrABLE OFFENCES ^83 Proceeding, in nn imaginary case '."..' ^86 INFORMANT 4ji INFORMATION-Di^tmcion between nn iT " " V • ' " ^65 INKORMATIO. (criminal) aga^lT p ^°"^''^'"'' "^' "'^ ^7 INSPECTOR OF POLICE-Prese„ceo;:t'wh;pp,;g:; ''' INTOXICATING LIQUORS- ^'^ I Sale of ■* Explanolory 467 467 I Index. INTOXICATING LIQUORS (conUnued)— "^kc^. 3 Construction ,p 4 Penalty for sale without license .gg 5 Bavarian Beer and Botanic Beer intoxicating liquors 460 6 Licenses may be granted by Magistrates; Proviso on refusal; Magistrates to make rules, &c .e^^ 7 Licenses— wholesale and retail , , . . . ^<;, 8 Licenses— forms of; Proviso; Licensing days 460 9 Fees on licenses 10 Paynr-cnt of license; bonds ..^ 1 1 Occupier to be licensed .^ 12 Registry by Clerk of Peace or Magistrate; licensed peisons. list of ' 471 13 Wholesale license— less than two gallons not to be sold; not to be drunk on premises; penalty ^-j 14 Name of licensed party, &c., to be painted over oute.- door; pen- alty for noncompliance .-j 15 Penalty for exhibiting signs, &c., by persons not licensed 472 16 Penally for adulteration „2 1 7 Penalty for possession of adulterations ^7, 18 Constable may enter, &c., and take samples 473 19, 20 Penalty in case of persons under 18 473 21 Habitual drunkards— Magistrate may prohibit sale to; penalty for supplying after notice .-. 22 Habitual Drunkards— see note, forms of notice; also, conse- quences of breach of the law .-. 23 Sale or pawn of goods for liquor; restitution und penalty 474 24 Recovery or setoff for liquor; securities for, void; sec wote. . . . 475 25 Close of licensed houses; penalty for non-compliance; see noie. 475 26 Penalty for presence on premises after hours 476 27 Penalty for games, disorderly conduct, sale to drunken persons, &c.; see note ..g 28 Harboring constables— penally for 475 29 Power of person licensed; penalty for refusal to quit 477 30 Power of Justices to close houses ; penally 477 161 . Index. INTOXICATING LIQUORS Ccontinued)- 31 Constables to visit unlicensed houses- „pnnh * • ^'''"'• 32 Constables to seize liauor ' ^'^^^''^ ^^^ '"'"ruption . . 478 proceedings thTreonT'.^'!:"":. .""'"« "''^'-^ ^'-nse; 33 Indemnity to constable 479 34 Penalty for offence, not specified'. !.".".'.". "^'^ 35 License may be granted for short periods . ." '^^^ 36 Liquor not to be carried in fisJi;„„ . .. ^So 37 Search of boats, ships, &c. '*^° 38 Prosecutions to be rnmrv^^ .^ • , 480 ^' and laVic cTr , '"^^ triable under procedure '. T.. !. ^/"'P"'''') ' imprisonment ; legal 39 Nature of proof required. 48i 42 Act of wife, child or -•" 618 ■f -: I tff 1 I I 740 Index, ii Page. JURISDICTION of J. P,'s 529 JUSTICES OF THE PEACE— Office 5,9 How appointed . 519 J Commission of 520 Oath of , 521 Obligations of C74 Duties of 521 Ministerial functiortS of • • ^27 Judicir.l functions 1527 Act for protection of ' ^^6 Proceedings against '• 53X Refusal to act 539 How compelled ■. .... 539 JUVENILE OFFENDERS— Summary trial of , 615 LABRADOR— Boundaries of 531 Sale of Liquor at . 485 LAND— Title to 573 LARCENY .... 533 m LICENSES (sec Intoxicating Liquor) 467 LIMITATION of time in summary proceedings . . 564 LOCALITY— Jurisdiction of J. P. as to 533 LUMBER (see Consol. Stat.) 821 LUNATIC— When responsible 388 LUNATICS— Removal of (see Act of 1897). M. MAGISTRATES— Stipendiary 52^ • Power ot Stipendiary 529 MAGISTERI AL^Enquiries (see Coroner) 122 MALICIOUS injury tojpropcrly 682 MANDAMUS , 542 m ^4i tndex. MANSLAUGHTER Page. MARINE Courtof enquiry. . !.'!.. ''^.'"■" 682 MARRIIDWOMEN 683 (See also, Husband and Wife) " ' ^^^ MASTEhS and Servants .'."* 375 MILITARY FORCE 683 MINORS and Apprentices'....!"... ^94 MINISTERIAL ACTS 52 MINUTE OF ORDER 527 MISCONDUCT of Justice...!..".'!.'. 572 MISDEMEANOUR 544 MITIGATION of punishmeni!! MURDER. .... IV. 303 604 684 NEGATIVING EXCEPTIONS Also 569 NON-APPEARANCE of Defendant!!!!! '.'.'!!!.'."!! ^^° Of Complainant S6S ■ • • • 530 nioney (see imprisonment, distress and ;iCT 372 OATH OATH or Affirmation ! ! S2i OATH-(See Evidence) ...'.'. ' ^^'^ OATH in civil cases before J. P.. . *9(» OBJECTIONS to Information.. !!!!!!!!! !!!!!! ^°^ Warrants, &c 557 OFFENDERS-Indict.nbh..!!! 559 OFFENCES, Summary Jurisdiction of !!!! !! ^SS Act of 1879 533 599 742 Index. Page. OPEN COURT , 564 and 620 ORDERING WITNESSES out of Court -note 570 OUSTER of Jurisdiction gg? P. PARENT— Presence at trial of child , gj j PARTICULARS OF CLAIM-District Court , j PARTICULARS OF DEFENCE PARTNERS -service on— District Courts jj PAYMENT BY INSTALMENTS 60^ PAYMENT OF PENALTIES PEACE— Preservation of gcg Sureties to keep the pjace 68r and 624 ^m^^\<^ ^ 625 POLICE SUPERINTENDENT may app'>ar—notc 565 PLEA OF GUILTY by Adult gj^ POINTS OF LAW- (see statement of case) 545 PRACTICE in criminal and civil proceedings 613 PREVIOUS CON\ iCTION gjg PROCEDURE in Criminal Cases; Indictable Offences 431 PROCESS to issue against offenders -^.^ POWER to Issue Warrant or Summons ^go PRISONER- Discharge or comniittal -24 Conveying to jail _ Presence of Prisoner at trial .,- Money found on ; -27 Property taken from 6». Removal withont Habeas Corpus 428 PRIVATE INDIVIDUAL-Arrest by 56 PROSECUTION must be within six months 564 PROSTITUTION (see buihling used for) 102 PROSTITUTE-common 77 fei '! 7^?> Index. PROTECTION to Justices . . . ^^"' losing at Elections; riots. Q. QUARTER SESSIONS-Civil J„.isdict ion. 536 710 477 21 70s R. KEASONABLE CAUSE. In Action against J. P., 7°S REASONABLE TIME for ser^i^^o; ;:„,„,::;:; ^^i ^38 RECEIVERS OF VOYAGE 557 RECEIVER OF STOLEN GOODS "^^^ RECOGNIZANCE detinecl '".\ 7o8 Witness refusing to enter into '^''^ Notice to accused and bail ^'S Forms of, to prosecute '"" ^43 To give evidence , 442 Forms 452 REFUSAL to answer by witness ^57 RE-HEARING in summary cases; noVe'. ^^' REiVIAND 567 Form in Indictable cases '^'^ Form in Summary cases ■*'^° Under Summary Jurisdiction Act, 1870 ^^^ REPL^'-not allowed ^24 RES JL'DICATA 568 RESTRICTION on summary tHal^ of indictablJ olfe^K^; ', ''' RESTITUTION of properly.... ^" ''^"'' ^'« RETURN of tines to Receiver Ge.K al ; " noie ^'' RIOT ACT 526 KULEtoJustices from Supreme Court..... ^^^ RULE NISI 539 52s J 744 Indi X. ^ Page SALE OF FORFEITURE . oroods distrained -^ SEARCH WARRANT ^^ 399 SECURITY for good behaviour (see peace) 535 SERVANT (see Masters and Servants) 6g SESSIONS (see Q. Sessions) ,..., \\ SET OFF in Civil Cases , ^. . 704 In District Courts j, SHIPS (British); part of British Territory; note 532^ Offences committed on British ships ^-^ SKATING or Slidinc SMALL FINES; Costs in ' 005 SMALL PENALTIES ACT-Repealed ^ SOLICITOR (see also Attorney) ' ^^ SOUTHERN DISrRICT ^ ^ STATEMENT of accused \ri[ a "^ 409 and 4-'8 STATING a Case STIPENDIARY M AGISTR ATE-Powers of ...'."....!... . 529 SUBPCE,NA to Witness in civil cases; form of , . ^, SUMMARY Jurisdiction of J. P ._ . ,„ SUMMARY JURISDICTION ACT, 1848- Preliminary observations -., , ,,, Summons 556 Service of Summons . . ^ , . , 557 Defect m form 557 If summons not obeyed 557 Warrant in first instance ^ 557 Form of Warrant ,0 55° Execution of Wanant „ Backing Warrant Defect in Warrant ," ,^ . . 559 Descnptioii of owners Aiders and Auettors ,^ Bi li 745 Index. SUMMARY JURISDICTION (continued)- Witnesses, attendance of ^^^'^• Refusing to be examined .*'* S6o Complain rs for order 56i Variance in information. 5^2 Information or oompkint ^^^ Ll - TATION -)F TXME 563 HiSaring.. ' 564 Non-appearance of Defendant ...,, ^^ '•• vapp-arance of Complainant ^^^ Whc.i both parties appear ^ ^65 When Defendant admits the charge..!!' ^^^ When Defendant does not admit the charge ! ! ^^^ When conviction or Older made ^^' When the information is dismissed . !!!!.'.'.'!! ^^^ Negative exceptions 568 w„., p,„,.„Toa a„d cr™p,a;;,:„;; ■„; z »;;„;.;;; !'' Examination on oath Witnesses ^gg Adjournment 569 Non-appearance of Parties. . . ^^^ DEFENDANTS discharged on recic^gni^ance not' app;:,;,: ' ! f ^ Form of conviction and orders ^ "' Notice of orders 57* Costs * • • 572 Warrants of Distress 572 '^^ay be backed ' ' 573 Where no goods or distress ruinous ! ! ! ^" Cuctody of Defendant until return of distress .!!! . !! ^^* Where not sufficient distress . . ^^'* ~estatuteprovidesno;:midy;:d«;f;;,,e;;!!:!;: ;!j Commitment in the rirst instance ^^^ Where imprisonment only ordered !!!.!! ^^^ Consecutive imprisonments , ^'^ Costs— recovery jf 577 578 746 Index. SUMMARY JURISDICTION (continued)- p^^,.^ Distress wai rant after appeal _ ^^ 578 Costs of apnea' ^^ S78 Payment of penalty, costs, &c 579 One Justice may receive information '. ^^ Soo Another Justice may hear 5°o Payment of Penalties Forms 581 to 598 SUMMARY JURISDICTION ACT OF 1879- (See, also, under the head " Jusliccs of the Peace.") Introduction Note ^^'^ 599 Application of Imperial and local law g Definitions 601 Short Title ,,. . . 604 Mitigation of [^unishment by Court , r Scale of imprisonment for non-payment of money (Jq, Supi recoverable by summary order to be recoverable as ,, .ivil debt Oot) Payment by instalments of ,.r security taken for pryment of money ( sec notes) Provi-,ion as to costs in the case of small fines ^^^<^ Enfotcmg of recopnirances by Court ef Summary Jurisdiction rsce note) 609 Summary trial of children for indictable offences, unless objected to by parent or guardian (see notes) f,, , Sunmiary trial with consent of young persons (juvenile offen.lers) 613 Summary trial with consent of adult ,, Summary conviction on plea of guilty of adult 5, , Restriction on summary deniing with adu't charge I with indicta- ble offence , , , 6ii» Restriction on puuishment of child for summary offence 618 Power of Court to discharge accused without punishment r.iS Kight to claim trial by jury in case of offences otherwise triable sumni;i ,iy not anplicable to this colony (,,„ ■1 747 Index, SUMMAR\- JURISDICTION (continued)- Imprisonment in 'ses of cumulative sentences not to exceed Page. 6io months ■■•.."^"... ..ui to exceed six Appeal from summary conviction to Supreme Court" (see notei '• • • • 6io Court of Summary Jurisdiction, where f sit g Special provisions as to warrants of commitment for"non'paymen't of sums of nion.y, and as to warrants of distress Register of Court of Summary Jurisdict ion. 621 622 Regulations as to securities tak..-n in pursuance of Act . . . g^^ '^"'rnce^s"".'!.'!'. '';•;";"";; ^-■^<^-»-" *- -mand for indictable Proc^ure before Court of Summary Junsdiction iii'^^e^of "^i: ''' ties to keep the peace Power of Petty Session to review not applicable ......!!.'.' 62; Regulations as to indictable offences dealt with summarily 62 Cost of prosecution of indictable offences dealt with summarily 626 . • ■ 626 ■ • • S4S • . 627 .. 628 case. not applicable Power of the Supreme Court to make rules Appeal from Court of Summary Juris