Page:Statutes of Canada, Victoria 31, Part 1.djvu/67

1867. Contravention of Acts. Twentiethly. Any wilful contravention of any Act, which is not made any offence of some other kind, shall be a misdemeanor, and punishable accordingly;

Punishment for contravention. Twenty-firstly. Whenever any wilful contravention of any Act is made an offence of any particular kind or name, the person guilty of such contravention shall, on conviction thereof, be punishable in the manner in which such offence is by law punishable;

Recovery of penalties when no other mode is prescribed. Appropriation. Twenty-secondly. Whenever any pecuniary penalty or any forfeiture is imposed for any contravention of any Act,—then, if no other mode be prescribed for the recovery thereof, such penalty or forfeiture shall be recoverable with costs by civil action or proceeding at the suit of the Crown only, or of any private party suing as well for the Crown as for himself,—in any form allowed in such case by the law of that Province where it is brought,—before any Court having jurisdiction to the amount of the penalty in cases of simple contract,—upon the evidence of any one credible witness other than the Plaintiff or party interested; And if no other provision be made for the appropriation of such penalty or forfeiture, one half thereof shall belong to the Crown, and the other half shall belong to the private plaintiff, if any there be, and if there be none, the whole shall belong to the Crown;

Crown’s share when not otherwise appropriated to form part of Con. Rev. Fund. Twenty-thirdly. Any duty, penalty or sum of money, or the proceeds of any forfeiture, which is by any Act given to the Crown, shall, if no other provision be made respecting it, form part of the Consolidated Revenue Fund of Canada and be accounted for and otherwise dealt with accordingly;

Paying and accounting for moneys appropriated by statute. Twenty-fourthly. If any sum of the public money be, by any Act appropriated for any purpose or directed to be paid by the Governor General,—then, if no other provision be made respecting it, such sum shall be payable under Warrant of the Governor General directed to the Receiver General, out of the Consolidated Revenue Fund of Canada; And all persons entrusted with the expenditure of any such sum or any part thereof shall account for the same in such manner and form, with such vouchers, at such periods and to such Officer, as the Governor General may direct;

“Magistrate” “Two Justices.” Power to do anything to include all necessary powers for doing it. Twenty-fifthly. The word “Magistrate” shall mean a Justice of the Peace;—the words “two Justices,” shall mean two or more Justices of the Peace, assembled or acting together;—And if any thing is directed to be done by or before a Magistrate or a Justice of the Peace, or other Public Functionary or Officer, it shall be done by or before one whose jurisdiction or powers extend to the place where such thing is to be done;— And whenever power is given to any person, officer or functionary to do or to enforce the doing of any act or thing, all such powers