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The Pamphlet Collection of Sir Robert Stout: Volume 47

Prosecutions, Convictions and Execution of Judgments

Prosecutions, Convictions and Execution of Judgments.

Provisions are made concerning proceedings for recovery of fines, &c., before two J. P. or a magistrate with equivalent Jurisdiction, the Circuit Court or Superior Court. They may be instituted by the Inspector, the municipal authorities or an informant. But proceedings taken by such authorities or an informant do not prevent those by the Inspector unless the judgment has been rendered and executed. A husband may be prosecuted for a contravention, by his wife, if living with her though she be, in her own right, a public trader. No defendant can be a witness. For an unlicensed person to offer goods to be bid upon before an assemblage of persons, or to publish an advertisement or hand-bill of such a sale, or to exhibit or allow to be exhibited, any sign, placard, &c., on his premises indicating his willingness to act as an auctioneer, renders him liable to the penalty of selling by auction without license If a billiard table be kept in an inn, temperance hotel, railway buffet, or restaurant, it is held to be kept for gain, and any notice that such a table is Kept on the premises is primâ facie proof that it is for gain. Judgment condemning persons to a fine, shall also condemn them to imprisonment in default of its payment, for three months, unless another term be specially fixed by the Act; and for a repetition of the offence, in unprovided cases, the fine is always to be $100, and imprisonment in default to be six months. Provisions follow for cost and execution of Judgments.