the County Courts, or to any person expressly exempted in Her Majesty's commission, or to any of Her Majesty's counsel learned in the law, who, by reason of their offices, are Justices of the Peace, or to any mayor, alderman, councillor or reeve of any municipality who is ex officio a Justice of the Peace. C. S. M. c. 7, s. 34. Recovery of fines and penalties. Application of PROCEDURE. 22. All fines or penalties imposed for offences committed under this or any Provincial Act for which no special mode of procedure is prescribed may be recovered or imposed in a summary manner before any one Justice of the Peace. C. S. M. c. 7, s. 14. 23. All the provisions of the Act of the Parliament of Canada known as "The Summary Convictions Act" and the under Mani- Acts already passed or which may be hereafter passed amendtoba Statutes. ing the same shall apply to all prosecutions and proceedings before Police Magistrates or Justices of the Peace under the Statutes of the Province of Manitoba, so far as the same are consistent with such Statutes. 54 V. c. 12, s. 1. Appeals. 24. Except where otherwise specially provided, all appeals from convictions or orders of Police Magistrates or Justices of the Peace shall be brought under the provisions of the said "The Summary Convictions Act:" Provided, however, that all such appeals commenced before the eighteenth day of April in the year one thousand eight hundred and ninety-one shall be subject to the law and practice then previously existing. 54 V. c. 12, s. 2. RETURNS. Semi-annual returns. What returns to show. 25. Every Justice of the Peace or Police Magistrate before whom any trial or hearing is held, under any law giving jurisdiction in the premises, and who convicts and imposes any fine, forfeiture, penalty or damages, or otherwise disposes thereof, shall make a return in duplicate, in writing under his hand, semi-annually on or before the thirtieth day of June . and the thirty-first day of December in each and every year, one of which duplicates shall be sent by him to the Attorney General and the other to the Treasurer of the Province, showing the convictions and orders made by him, the damages or penalty, whether fine or imprisonment or both, and the costs imposed in each case, the amounts received by him for fines, forfeitures, penalties or damages as aforsaid and for costs, and the receipt and application by him of moneys received from any person so convicted. C. S. M. c. 7, s. 7, part; 50 V. c. 15, s. 1, part; 52 V. c. 35, s. 2, part; 53 V. c. 2, s. 42. Where several 26. In case of any conviction or other disposition made as aforesaid before two or more Justices, such Justices being pre- together. sent and joining therein shall forthwith make a return thereof in the manner aforesaid. 50 V. c. 15, s. 1, s-s. 1. enforce in case 21. Any Justice or Justices of the Peace or Police Magis- Procedure to trate, obliged to make returns as mentioned in the previous of default. parts of this Act, who shall refuse or neglect to make such returns in the manner and at the times above provided, or within thirty days from the time when such returns ought to be made as aforesaid, may be required by a written notice from the Provincial Treasurer (which notice may be forwarded to the usual or last known post office address of the said Justice, Justices or Police Magistrate by post prepaid and registered or delivered to the said Justice or Justices in person,) requiring such Justice or Justices or Police Magistrate forthwith to make such returns as aforesaid; and after the expiration of thirty days from the posting or delivery of such notice, should the said Justice or Justices or Police Magistrate still refuse or neglect to make such returns as aforesaid, then the Provincial Treasurer shall report such refusal, neglect or omission to the Provincial Secretary, who shall cause the names of the Justice or Justices or Police Magistrate so making default to be published in the Manitoba Defaulters Gazette during two successive issues thereof, with the notice published in stating that, in default of returns as required by this section Gazette. being duly made by the Justice, Justices or Police Magistrate therein named within thirty days from the first publication of such notice, the name of such Justice or Justices or Police Magistrate so making default should be erased from the Commission of the Peace, or the appointment of such Police. Magistrate cancelled. The Provincial Secretary shall, on the expiration of thirty days from the date of the first publication in the Manitoba Gazette, erase from the Commission of And erased the Peace the name of every Justice of the Peace still in sion of peace. default, and upon such erasure such Justice or Justices of the Peace shall be and become deprived of all power and authority and jurisdiction as Justice of the Peace, and shall not thereafter be eligible for re-appointment as a Justice of the Peace in any part of the Province. 50 V. c. 15, s 1, s-s. 2. names to be from commis turns. 28. The returns required by this Act may be made in the Form of reform in Schedule A, to this Act or in any form to the like effect. 50 V. c. 15, s. 1, s-s. 3. no conviction 29. Every Justice of the Peace or Police Magistrate Returns where appointed in this Province shall make semi-annual returns on had, &c. the dates mentioned in the foregoing sections and in similar form, showing the disposition of all cases, matters and proceedings had or taken before him upon any such trial, case or hearing, where the proceedings in any case have been discon Provision as to penalties tinued, or where no conviction has taken place, or where such matters have been otherwise settled and disposed of. In case no proceedings whatever have been had or taken before such Justice or Police Magistrate he shall so state in his return. The failure, omission or neglect to make such return to the Provincial Treasurer shall, as and after the proceedings in the last preceding section provided, deprive the said Justice of all power, authority and jurisdiction as Justice of the Peace, and his name shall in like manner be struck off the Commission of Peace. 50 V. c. 15, s. 2; 53 V. c. 2, s. 43. 30. The penalties in this Act provided for omission to for omitting to make returns shall be in addition to all other fines, penalties make returns. or punishment provided by any other statute or law in force What return shall include. Penalty for default or returns. in this Province. 50 V. c. 15, s. 3. 31. Every such return shall include all convictions and other matters mentioned in the preceding sections of this Act not included in some previous return, and also all cases wherein a fine or any part thereof has been paid since the last previous return; and in the column for observations, in any such case, shall be written the words "Paid on case formerly returned." C. S. M. c. 51, s. 6; 54 V. c. 14, s. 3. 32. In case the Justice or Justices or Police Magistrate making false before whom any such conviction takes place, or who receives or receive any such money, neglects or refuses, neglect or refuse, to make such return thereof, or in case any such Justice or Justices or Police Magistrate wilfully makes or make a false, partial or incorrect return every such Justice or Police Magistrate so neglecting or refusing or wilfully making such false, partial or incorrect return, shall forfeit and pay the sum of eighty dollars together with full costs of suit, to be recovered by any person who sues for the same, by action of debt or information in the County Court of the Judicial Division in which said Justice, Justices (or one of them) or Police Magistrate resides, one moiety whereof shall be paid to the party suing, and the other moiety into the Consolidated Revenue Fund of the Province. C. S. M. c. 51, s. 7; 54 V. c. 14, s. 4. When prosecution shall ed. 33. All prosecutions for penalties arising under the probe commenc- visions of the eight last preceding sections of this Act shall be commenced within six months next after the cause of action accrues; and if a verdict or judgment pass for the defendant, or the plaintiff become non-suited or discontinue the action after issue joined, or if upon demurrer or otherwise judgment be given against the plaintiff, the defendant shall recover his full costs of suit as between attorney and client, and shall have the like remedy for the same as any defendant has by law in other cases. C. S. M. c. 51, s. 8. SCHEDULE. The following is the Schedule referred to in this Act : SCHEDULE A. (Sections 25, 29.) FORM OF RETURN. RETURN of convictions and other dispositions made by me (or Return of us, as the case may be) from the 18 to the day of day of Police Magistrate or Justice of the Peace. A. B., convicting Justice (or Police Magistrate or A. B. and C. D. convicting Justices, or as the case may be). 50 V. c. 15, s. 1, s-s. 3; 52 V. c. 35, s. 2. Amount of costs inflicted. |