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MU i BWMTIlli UPM. tmnmumJuojitQ rum woaa9MiA « « 08 vte^, om^ 1;% f^ ' ^ isr A. C T TO AMEND TIIK LAWS IN FORCE RESPECTING THE /59 2 ^'3 SHE OF mwmu wors AND THE ISSUE OF LICICNSKS Tlir;i{KR)K, AND OTirKKWrSE FOU KEPUESSION OF ABLSKy KESCLTING FUoM feiCH SALE. 27 & 28 Vict., Cap. 18. 4| U K n E C : PRINTED BY GKORGE DESBARATS AND MALCOLM CAMERON, Law Printer to the Queen's Most Excellent Majesty, 1864. .. . • • . • • • •- • • • . . . . X > ^ ■^ • •• : ' • a) " ' An . Sa Li ab W and t the re he re it th" ac bly of • 1. town; besid ])owe intox , such lage, subjc a. form : : : .•. .•: .•. ••• : : •:: : :*. . ::• ..: V : : : ♦.' •• • • • ••• • ••• *•• •• • ANNO VICESIMO-SEPTIMO & VICESIMO-OCTAVO VICTORIA] KEGINJ]. CAP. XVIII. An Act to ntneiul the laws in force respecting the Sale of Intoxicating Liquors and the issue of Licenses therefor, and otherwise for repression of abuses resulting from such sale. [Asaenlid to 30th Junc^ 1864.] WJ IIEREAS it is expodiont to amend the laws in force in Preamble. T ▼ tiiis I'rovinco, respecting the sale of Intoxicating Liquors and the issue of Licenses therefor, and otiiervvise to provide for the repression of almses resulting from such sale, the whole as hereinafter is set forth : Therefore, Her Majesty, by and with th" advice and consent of the Legislative Council and Assem- bly of Ciinada, enacts as follows : PROVISIONS AS TO LOCAL PROHIBITION. 1. The Muni(tipal Council of ever -^ounty, city, town, Rvfryroumy township, parish or incorporated vilhif^i in this Province, "','^"!^j'' besides tin- powers iit present conferred on it by law, shall have proiiiin't iho power at any time to pass a by-law for prohibiting the sale of '«'l«"l""ll'>■^i- mtoxicatmg iKjuors and the issue oi licenses therefor, within such county, city, town, township, parish or incorporated vil- lage, under authority antl for enforcement of this Act, and subject to the provisions and limitations hereby enacted. ft. Such by-law shall be drawn up and passed in ordinary Form of By- form ; and shall not have embodied therein any other provision '"w- than the simple declaration, that the sale of intoxicating liquors " - -.. and the issue of licenses therefor, is by such by-law prohit)ited within such county, city, town, township, parish or incorporated village, under authority and for enforcement of this Act. 3. Any Municipal Council, when passing such by-law, may May be sub- order that the same be submiUed for approval to the Municipal jSJ"^^ fiibiiiilloti. Electors of the ninnicipnlity ; and in that case, the same shall not take frt'ecl, unless approved : Any30ormore 2. Any thirty or more duly qualified Mtinieipal GlectofM of r(funly, then of eaeli uiuni(^ipality in the counly,— may at any time by a reciiiisilion in the form A I, hereto appended, or to the like elieel, sij^ricd hy them and ll Id lIl'tlTIIIIIII* wlic'llii'i' il >Ui\\\ IwaJopit'il. /|. Any thirty or more duly (pialified Mimieipid Klectors of any city, town, township, parish or iuectrporaled villaj^*!, the Council whereof has not passed a by-law under authority and for enfoicemi-nt of this Act, or iifter passini? has repealed the saiue, — or wherein such by-law, having bc'-n submitted ft)r approval, or for adoption, (as the ease may be,) to the F'Icetors, either has not been a|)proved or ad()|)ted, or alter approval or adoption has ixen n |)ealed.---may at any time (not beiuf^, in the lalt< r case, less than two full years after such vote of non- ap|>roval or noti-adoption, or alter such repeal) by a rccpiisilion in the form A 2, hereto appe-ided, or to the like elli-ct, sif^neil by them and delivered on their bi half to the Clerk or Seereiary- Treasurer of the innnieipality, propose a by-law to that «'nd, for adoption by the Electors thereof, and reipiire that a poll l)e taken to determine whether or not they will adopt the same : Their miuisi- 2. Su<'h Clerk or Seeretary-Treasiirer, on r'^eeivinij; any such Hon to u- /iii-ii. i-(,,jiiisiiion, shall immediately endorse iq)on the same a e(;rti- iivalv imiler his hand,of tlu- ilate of the deli>cry thereof to him ; and shall (ile and keep the same among the records of the Municipal Council of the nmnieipality. Noiioi>« oCiirt! n. On the passing of any such order for the submission of a p"i;'!";;,,"',;i;;;[; by-law, or the passing <)f any bydaw when'of the submission has been so recpiired, or the receipt of any such recpiisition for the adoption of a by-law, (as the case may be,) the Clerk or Sceretary-Treasiu'er shall forthwith cause such l)y-law, or such re(piisition for adoption of a by-law, (as the case may be,) to be pul)lished for four cnnseeutive weeks, in some newspaper j)ublish<'d weekly or ofener within the municipality, or if there is no such newspaper |)ublishcd in the municipality, then in some newspaper puirlishcd as near thereto as may be, and al^ by posting up copies of the saiiK^ in at least four public places in the municipality, and if the by law is for a county, then in at least four public places in each numieipality in the county, — with a notice signed by hiin, signifying that on some day within the week next afti r siudi four weeks, at the hour often and wlit'i'i* jt Will lie held. If iiame i^hall III Elcptors of aw in fur a •miiy at any ipcndcd, or to iicir lii-li:ilt'lo )y-Ia\v which iiilliority and ini' ypiir from ilii' ii|)|)ro'.'al ; t'Hi'ct iinli'ss* al Klrctors of vilhi^'«!, the lulliority and repealed the Miliiiiilted for ) tlie Kleetors, approval or (nt)t being, in vote of non- ' a requisition clieet, signed i orSecreiary- o that end, for at a poll lie t the same ; ving any such same a ccrti- liereof to iiim ; -cords of the d)ini.«sion of a le suhmission re(Hiisition for ) tiic Clcrii or ^-hiw, or sucli may be,) to Ti(! newspaper cipality, or if licipality, then ly be, and alsb public places ounty, then in I the county, — on some day he hour of ten in tlio forenoon, and at some convcinient place (or if the l)y-lnw is for a coiuily, places) named in the notice, a meeting of the Municipal F'-lcclors of the miinicipality (or if the by-law is for a couniy, then for each municipality in the coniily) will be held, for ihe taking of a poll, lo decide whetlicr or not llie by- law is approved, or is adopted, (as the case may be,) by such Klectors : 2. If tl;e i)y law is for a couniy, siicli ))oll sliidl not be laKen (iiti,„for« for the \\lM)i(' county at one place, but shall be taken in cacii of <'"i"iiy. the several municipalities of the coiinty, ri'spectively ; 3. At such meeting, the Mayor or Uceve of the miinicMpalilv ^^''"''•''"li , I • I . I 'ill • • 1 1 .1 ' IMiMilc; Hnu in wluch the same is he!il — or m is ab>eii(v, siicli other j,,, |„,^vcis. member of ilic Municipal Coimcil thi'ieof as may l)e elK/sen by tlit^ meeting— or if no such uk iiil)er is present, then any Mimi- cijial KlecUtr will) may br chosen liytlic meeting— shall preside, and shall have all the powers (or ihe preservation of the public peace, which by law are vested in the person presiding at any miini. iioHil o( |ioll- nanioH nrc nioi. tlmn four InitKiri'd nnd not niorr thnn ••if^ht hundrrd in niiiiil)i'r ; and so «in, allow iiig otir additionul duy fur cucli adtlitional lour luiiidri'd names; 7. Until cloprd in IrriuH of one or other of tlic lorff^oing Pub-Mcct ions, tin- poll hIimII be adjourm d daily at the liuur «)l' five in the alifrnoon, to the hour ol ten in the I'orcnoon of the next day— Sundays and holidayw fxcliided ; H. At tin? clofP of the poll, tin- person presiding shall count the " yeas" and the " nays," and asi-ertain and (•••rlily on the face of the poll-hook, the number of votesgiven for and anaini»t the by-law res|)e<'tively ; ami siicli eeitilieiiti' r^iiall be counter- signed by llie |)oll clerk ; and ihe poll-l < ok, w ilh suniity, and shall certify the same in writing; and such certiliciile shidi be countersigned l>v the Clerk or Seeielsiry-'l'ieasiiier of the county, and shall be tlepositcd and lu'pt wiUi the poll-books, among the records of the County Council ; 10. If one-liitif or more of all the voles polled ;iie iigjunst the by-I:iw, the ^ame shall be held to be not approved, or not adopted, as the case may be ; 11. !fmor(r than half of all the votes polled are for the by- law, the same shall be held to be ajiproved, or adopted, as the ease may be ; Oidiiiary pub- 12. It shall not be necessary, in Lower Canada, that any rp'nireil"in by-la\v SO approved, or adopted, as the case may be, should L. u. be published in the manner required by law in the case of ordinary by-laws ; Hy-iaw»o 13. A by-Uuv SO approved, or adopted, as the case may be, re aM^hut*^ may be repealed by a by-law of the Municipal Council of the ill u certain municipality aflcc ted thereby; but such repealing by-law shall be submitted for approval to the Fdectors, in the manner and with the formalities prescribed by the foregoing subsections, and shall not take efl'ect unless approved by a majority of the Electors voting thereon ; nor, if any such repealing by-law (upon being submitted to the Electors) is not so approved, shall any other repealing by-law be submitted, for the like approval, within the full term of two years thereafter. manner only and (in certain cunditioni. i> thiin fiulit iulclilionul (luy nl the hour nt )ri'iUH>ii ul' \Uv IK !^l>i>ll count iirtil'v on tin- or and iit^iiinM II 1m' cdimtj'r- lli ^<^l<•ll ccrli- 1 by the Cli-rk lie Jillrctcd by ip.'il ('(i\iiu-il of the c'oiinly, )!iliti('.-< tlicrciii icll |l()ll-lj()(lk :i\>t," ic^pccti- iiiy. Jind simll calc f-liidl !«• ir-iiKT of the K- pdll-ljooks, I'd ;i\r !iL,'Minst proved, or not iiri' for tlic by- dopted, Jis the ida, that any lay be, should in the case of case may be, l^'ouncil of the J by-law sliall : nianner and J subsections, lajority of the aling by-law so approved, for the like fter. 6. Every by-liiw nnn»»e(l und(!r nuthorii/ and for enforce- Cpy to h# ment of thin Act, unall Ite (•'»'::tnunicate(I by deiivcrv of a ''v'l,"'"'*' "*, copy thereol, certdied by the v.l.rk or Secreliiry- 1 reasurer, to iniHmlHu- the ('olleetor of Inhtnd Ri'vcnue within whoxe oHicial district *•""•• the tniinicipality ali'ected theriiby is nituatu : 2. VVIienover such by-hiw lias been approved l)y lh«> Klcctorn, CiTtirtMio to ihert; shall be endorsed or written upon tin; (!opy so delivered, '« indnrncd. a cerlifieate of the fact, under thi; Inuid of the (;lerk or Secre- tary-Treasurer, in the form U. I, hereto appended, or to the like cH'ect ; .1. Whenever such l)y-liiw Iimh been adopted by the Klectors, (Vrtin«i <-opiea a copy of the retiuisilion therefor, cerliiied by iIk; Clerk or ""7"'"^''' '* erri'tary-lreasurer, together with a eerldicate under his hand thereon endors<'d or written, of the fact of its adoption, in the form B. !J, lier lo appended, or to tlie like eU'ect, shall i)e taken as ii didy cerlit'n.'d (;opy of the by-law, for all purposes of such delivery, and for all other purposes whatever, T. Every 8U(!h county by-law shall also, at the snmc time, f;"py'>J.'h« be coiuMiiuiicated by the like delivery, to the Cleiii or Secre- M'jn\"imi?ty' tary-Treasurer ol'ea<'h municipality in the county, who >hall m i'""^"""'/* file and keep the same among tlu; records of the Municipal Council thereof. H. As r<'gards the prohibition of issue of liciJiises, <"vcry ^^ri^,,, ,i,g |,... siicli by-law shall come into force from the day of '.he coinmu- inw »iiail come niciitiou thereof to the Collector of Inland Revenue; and as """'""=*■"• regards the prohibition of siuOi sale, and otherwise, ev(>ry such by-law, — if on the day of such commiiniciition there is in force within the iiuiniciptdity my other by-law for prohibiting and preventing such sale, under iiiilhority of the I,ow<'r Canada Consolidated Municipal Act, or of the Act chaptereil fifty-four of the Consolidated Statutes for Upper Canada, as the case may be, shall come into force so as to bet 'me substituted for, and to repeal, such other by-law from that day, — or if on that day tlu're is no such other by-law in force, shall come into force in Lower Canttda, from the first day of May, and in Upper Canada from the first tlay of Mar(!h next, after that day; and evtrry such by-law shall continu(> in force, in hs duration. Lower Cimada, until the first day of May, tmd in Upper Canada until the first day of March, ne.\t after the repeal thereof: /• luoat municipal ^^' lity in Ibrce. 2. If at the time of the coming into force of any county by- jfthereiaa law, passed under authority and for enforcement of this Act, f'y-'ow "f* there is in force within any municipality iorming part such county, any other by-law passed under authority and for enforcement of this Act, the operation of such mentioned by-law shall be and remain suspended for so long as the county by-law continues in force, — but shall revive, in default of express repeal thereof, should the county by-law be repealed. » Not to be re- pealed williiii a certain time. t'uncurrence oCneigliljiiriiig municipalities. 9. No such by-law shall be repealed, within the full term of one year from the day of the communication thereof to the Collector of Inland Revenue. 10. The Municipal Councils of any two or more neigh- boring municipalities, wherein any such by-law is in force, may each of them, by a further by-law, concur in and confirm, mutually, such by-law or by-laws of the other or others of such municipalities ; rorm of con ciirrcnce. 2. Such further by-law sliall not have embodied therein any other provision than the simple dcelaration that the by-law or by-laws of the neighboring niiinieipality or municipalities in To lie romnui- question are thereby concurred in and confirmed ; and shall be communicated in like manner to the Collector of Inland Revenue, or Collectors, as the ease may be : mealed to ex c'ise ollioers. I I By-law to i)e 3. Such further by-law shall be submitted for approval to siibniiltetl to ,. -r,. . • ,i i -.i .i r i-.- -i i Eleeioru. 'he Electors, m tiie mtinner and with liie lormidities prescribed by the tiflh section of this Act, — and shall not take elibct, unless approved by a majority of the electors voting thereon ; How only to l)e repealable. So license to be issued while a prohibitory ii(|uor law remains in force in L. ('. Nor any pe- nalty for want of a license, tinder Con. Slat. L, C, cap. 6. The same in U. C. 4. No by-law so mutually concurred in and confirmed shall thereafter be repealed, unless with the like concurrence in and confirmation of such repeal, on tlH> part of the municipalities in queMtion. It. In Lower Canada, from the d.-iy of communication to him of any by-law passed under authority and for enforcement of this Act, and for so long thereafter as the same continues in force, no Collector of Inland Revenue shall issue any licen.'^e to take eflect within the county, city, town, township, parish or incorporated village, afl'ected by such l)y-law, — Bither for keep- ing an inn, tavern, or other house or place of public entertain- ment, and for retailing whisky or any sj)irituous liquors, wine, ale, beer, porter, cider, or other vinous or fermented liquors, — or for keeping an inn, tavern, or other house or place of public entertainment, and for retailing Vv^ine, ale, beer, porter, eider, or other vinous or fermented li(|uois, but not brandy, rum, whisky, or other spirituous liquors,— or for vending or retailing in any store or shop, brandy, rum, whisky, or other spirituous litiuors, and wine, ale, beer, porter, eider, or other vinous or fermented liqtu)rs, in a quantity not less liian three half-pints at at any one time ; and no person shall be liable by reason of his not having therein any license of such description, to the penalty of fif'y dollars, imposed l)y the twenty-second section of the Act chaptered six of the Consolidated Statutes for Lower Canada, intituled : "An Act respecting tavern keepers and thfe sale of intoxicating liquors : 2. In Upper Canada, from the like day and for the Ul'e period, no Collector of Inland Revenue shall issue, to take in the full term 1 thereof to the )r more neigh- iw is in force, in and confirm, ■ otht-rs of such led therein any t the by-law or micipalities in 1 ; and shall be ^tor of Inland for ap])rovaI to ties prescribed :)f take ellect, ing thereon ; confirmed shall urrence in and unicipalitiesin nnunication to )r enforcement le continues in e any license ship, parish or ither for keep- blic entertain- liquors, wine, ited liquors, — )lace of public porter, cider, brandy, rum, ng or retailing her spirituous ther vinous or )v. half-pints at / reason of his iption, to the v.ond section ites for Lower lepers and thft 9 '. for isue. the lH'e to take erteet within the like limits, — either any tavern license, ll license for the retail of spirituous, fermented or other man that is ..^ „ , , .„ _ aniifac- • tured liquors to be drunk in the inn, ale-house, beer hous<', or otl'T house of public entertainment in which the same is sold, — or any shop-lieense, that is license for the retail of sucli li(inors in siiops, stores or places otiier than inns, ale-houses, beer- houses or places of public entertainment. 13. I'rom tlie chiy on which such by-lr.w lakes eflec-t for while tlio by- other nurnoscs, as al'oi'csaid, and lor so loiiw'-^ '" '"rv*^ ''.'.,. ' 1 •? 1 !• 1-1 111' ItltOXK-Ulint' same eoiitiiiues in lorce, no person, unless it be for i-xelusiveiy iKiuuriobesolil medicinal or saeraiuciilal purposes, or for ho/id fide im'c in some '^'i i^'V l"'«^- . . 1 !• . \ ■ i\ ".I • 1 1 .1 tflirr, lor nnv art, trad(; or maniilaeture, or as heremaiter authorized by the but m.iiicai ov third or by the fourth sub-sectit)n of this section, shall, within smrmtmai such county, city, town, towiisiiip, parisli, or incorporiilcd village, by himself, his clerk, servant or agent, expose or keep for sale, or directly or indirectly, on any ijrelence or by any devi(!e, s-ll or barter, or in ('onsideialioii ol ihe purchase of any other pi\)pcrty give, to any other |)crs()n, any spirituous or other intoxicating licpajr, or any mixed liquor capable of being used as a beverage and part of which is spiriluous or otherwise intoxicating : 2. And neither any license issued to any distiller or brewer,-— i,icensis to be nor yet an_, license for retailing on board any steamboat or "' "o e'lert- other vessel, brandy, rum, whisky, or other spirituous licpiors, wine, ale, beer, porter, cider, or other vinous or fermented liquors, — nor yet any license for retailing on board any steam- boat or other vess(d, wine ale, beer, porter, eider, or other vinous or fermented liquors, but not brandy, rum, whisky, or other spirituous lii brcw- Proviso : in lavor of mer- chants fur sale- ill certain o.uantities.. 10 limn five gallons (or in the case of bottled wine, ale or porter 'than one dozen bottles of at least three half pints each) at any on(! time, to be wholly removed and taken away in quantities not less than five gallons (or in the ease of bottled wine, ale or porter, than one dozen such bottles) at a time. Selling by llic inlorveiiliiin oC others (ur- biddeii, iVc. Penaltv. Thf iigeni ei|iinlly gulliv Willi liie I'ij,- cijial. By wlifin pe- nalties iiiny I'c recovered. Excise ortlciT boiinil to pro- secute. And before ■what inbiinnl. 13. Whoever, by ('X|)osf's or keeps for s himself, his clerk, servant or agent, le, or directly or iiuiireetly, on any pre- tence or by any device, sells, or barters, or in consideration of the purchase of any other property, gives, to any other person, any spirituous or other intoxicating liquor, or any mixed liquor capable? of being used as a beverage and a part of which is spirituous or otherwise intoxicating, in violation of the twelfth section of this Act, shall incur a penalty of not less than twenty, nor more than (ifty dollars for each such offence ; and whoever, in the employment or on the premises of another, so exposes or keeps for sale, or sells, or barters, or giv(!s, in violation of the said section, shall be held equally guilty with the principal, and shall incur the same penalty. 14. Any prosecution for such penalty may be brought by or in the nanie of the Collector of inland Revenue within whose oflicial district the oli'ence was committed,— or by or in the name of the corporation oftlie municipality wherein the ofi'ence was committed,— or by or in the ntune of any person, whether authorized by the Coimcil of such municipality or not ; and where the by-law is a county by-law, the corporation of the county, equally with that o( the municipality comprised therein and within which the offence was eommittetl, may prosecute, or may authorize any person to prosecute : 2. It shall be the duty of such Collector of Inland Revenue to bring such prosecution, whenever he shall have reason to believe that such offence has been committed, and that a pro- secution therefore can be sustained, and would not subject him to any undut; measure of responsibility in the premises ; 3. Such prosecution maybe brought before any Stipendiary Mngistrate, or before any two other Justices of the Peace for the district in Lower Canada, or for the couaty or union of counties in UpperCanada, wherein thtiofH-nce wascommitted, — or, if the offence was committed in the district either of Montreal or of Quebec, then before the Recorder or Judge of the Sessions of the Peace at Montreal or Quebec, as may be, or, if the offence was committed in any other district in Lower Canada, then before the Sherih" of such district,— or, if the offence was committed in any city or town in Upper Canada, having a Recorder or Police Magistrate, then licfore such Recorder or Police Magistrate, — or if tin; ofi'ence was committed in any city or town in IFpper Canada not having a Recorder or Police Magistrate, then before the Mayor thereof ; le, ale or porter Its oach) at any fay in quantities lied wine, ale or rvant or agent, ctly, on any pre- consiide ration of ny other person, any mixefl liquor art of which is on of the twelfth less than twenty, •e ; and whoever, er, so exposes or I violation of the !h the principal, be brought by or e within whose )r by or in tiie i(!rein the offence person, whether lity or not ; and irporation of the ompriscd therein may prosecute, Inland Revenue have reason to and tliat a pro- 1 not subject him premises ; any Stipendiary )f the Peace for iity or union of k'as committed, — strict either of er or Judge of the as may be, or, istrict in Lower triet, — or, if the Upper Canada, en before such e was committed ng a Recorder or of; 11 L If such prosecution is brought before any such Stipendiary if before a Mygjslrate, Recorder, Judge of the Sessions ol the Peace, stipendiary " Sheriff, Police Magistrate or Mayor, no other Justice shall sit '8'*™*» or take pari therein ; 5. If such prosecution is brought before any two other It bofore two Justices of the Peace, the summons shall be signed by both of"''^'*' them ; and no other Justice shall sit or take part therein, unless by reason of their absence, or the absence of one of them, nor yet in the latter case, unless with the assent of the other of them ; 6. In the next following twenty-four sections, the word interpretation "Justice" inciudes any such Stipendiary Magistrate, Re- as to next 24 corder, Judge of the Sessions of tiie Peace, Sheriff, Police Magistrate, or Mayor, or any such two other Justices of the Peace, as the case may be. 1*1. Every such prose(^ution shall be commenced within Limitation and three months after the alleged oU'enee, and shall be heard and i"™ "<"»""• determined in a summary manner, either upon the confession ' of the defendant, or upon the evidence of one or more witnesses. 10. It shall not be necessary, in any such prosecution, to What only it set forth or mention on the face of the complaint, summons, sg"!' ,'^i "^ert*" conviction, warrant of distress or warrant of commitment, the imhecom- by-law l)ringing the numieipality within the special purview f'*'"'' *"'• of this Act; but such complaint, summons, cdnvietion and warrants may be in the forns C, D, E, F and G respectively, hereto appended, or to like effect ; and unless the defendant As to allega- specially puts in issue the fact of su<'h by-law being in force, |,'['b " "^^'""''^ such fact shall be presumed by the Justice ; and if sucii fact ° in so put in issue, the production of a copy of sucli l)y-law, certifi(>d under the hand of the Clerk or Secretary-Treasurer of the Mimicipality, ?nd liaving thereon a certificate under t!ie hand of tlx; same ofliccr, of the due publication (if requisite), and communication to llie Collector of inland Revenue of such by-law, or of such comnumication only, if publication thereof was not reqt;isite, shall be conclusive proof of the passing and of the tenor thereof, and also of such publication and commu- nication thereof, the whole as so certified ; and no fact so certified touching such by-law shall be incidentally put in issue or questioned in the (;ourse of any such prosecution. 17. T\voorm:ire oflenees, by the same party, may be in- Several oflen- cluded in any sueli complaint, provided thf time and place pf ckdX^ ** '"' each ofTcnce is stated ; and in that case, the forms aforesaid shall be altered, so far as need may be, accordingly : 2. But whatever may be the number of the offences so Proviso: total included in one tromplaint, the maximum of penalty imposable penalty limited. for them all shall in no case exceed r-ne hundred dollars. 18 E.r)>artei( t**. If in any siicli casn flic defendant fails to appear as tieieiidant dou» required by the suniiuons, {he Jjislice may proceed ex parte to not appear. ^|^^_ consideration and liearin;^ llicrcof, and may adjudicate liicrein, as fully and t'lVccluiiily to all intcnls as lliough tlie defendant had duly appeared in ohedienei; to the summons. ■same \vn dale of tl Amondmoiil L'ompluiiit. i('R(liiidi;eJ cli'leclive. of 19. Any sueh coiupliiin) may be amended before final hearinj^, in any matter of lorni or substance, upon a|)plication to ll.iat I'll'eet, by or for the prosceulor, and without cosls, imh-ss otherwise sprciully ordcii'd by the .Justice ; and on such amendment bciui^ made, th:- d( f iidanl (siiould he require ii) may have a further delay to plea. No such pros'cution sliiill otln'rw;sc be dismissed for any defect, inforuialily, error or omission; bui if it appi-ars that the dcfendanl has bi'rn, or may luive bcu, materially misled thereby, the .lustice may, oil such terms as he thinks lit, adjourn the further proceediiitjfs in the case to a future day. : No coMs 2J. If any such prosecution isdismissod, tiie .lustiee, should "ecTitor !i>"o- he be of opinion that there w;is proi)ab!e cause for the eom- bai>ie tniise. plaint, sliall iiot award to the l)efen' ^" reijuircs, the depositions of the witnesses shall be reduced to writini( by the .!usli(;(>, or by such clerk as the Justice luiiy apixiint to that end, ami shall be tiled of record in the cause ; sueh clerk shall be entitled t(ehare;e and receive, at the rate often cents for ciich liundred words of evidence! so reduced to writiiii,', or of two dollars pr diem, in the disd for II if it appi'ars cell, Mialcrially IS as he thinks o a future day. .Instioe, should ise for the eoni- sts against the 'dini^, or paper, service thereof iiiif, or by any "or the locality •r?, or if either nessi>s shall be h clerk as the iil''(l of record ijfe and receive, of evideiici" so 1 the dis(!retion paid by either or judgment in r jud^'ment is takinjl> of sneh • paid in cquiti case, to prove ly specified, in roved that the Delivery of li(|iiur in olherwise than privnie houses or to residi'tit'* to Iw ileenied evidence of a Mile. VV'hm .-linll be so (ItoiMfd in priv.ite honses or to residents. 13 •same was committed on or about such day, and before the date of the comphiint. 9S. In all such cases, the delivery of intoxicating liquor of any kind in or from any building, booth or |)laoe, other than a private dwelling house or its dependencies, or in or from any dwelling house or its dependencies, if any part thereof is used as a tavern, eating house, grocery, shop, or other place of com- nion resort, — such delivery in either ease being to any one not bond fide a resident therein, — shall primd facie be deemed evidence of and punishable as a sale in violation of the twelfth and thirteenth sections of this Act ; and any such delivt ry in or from a privtite dwelling honse or its dependencies, or in or from any other building, booth or place whatever, to any one whether resident therein or not, with payment or ])roitiise of ptiyment, eilhcr < xpress or iiiiplied, before, on or filler sneh delivery, fA)n\\ primA fatif be; ileeniod evidence of and punish- able as a sale in violation of the said sections. 580. In any such ease, ti.e Justice may summon any person f^nrtimonin? represented to him as a material witness in rt'lat ion thereto ; ^^^''^'^'^'I'^'j^^^^^^^ and if such person refuses or neglects to attend |)ursuanl to iiio>ereiii>ing sneh suuuuons, the Justice may issue his warriint for the arrest '""'>*wer. of such person, and he shall thereupon be l)rouglit before the Justice ; and if he refuses to be sworn o: to allirni, or to answer any tiuestion touching the ease, he may be committed to the eomiiioii ijaol, llien; to remain until he consents to be sworn, or to allirm and to answer. 97. No per.«on shall be incompetent on account of interest imercst no in the event of any such case, to givt; evidence, therein. 28. Any person examined or called as a witness in any Witnes.«e9 such case, shall be bound to iuiswer all qiu-stions put to him '"""""",, , 1 1 • I 1 I • 1 1 • 1 1- 1 • :ui>weriillrele- and winch the Justice deems riMtwrnt, notwitlislantling Ins vam quostiona. answers may disclose facts subjecting or tending to subject him to any penalty or other criminal proceeding; but liis ans- wers shall not be used against himself in any prosecution or criminal proceeding. 29. Any person whc, cither before or after the summons of Penahyior any witness in any sueli case, tampers with such witness, or '•'""l""''"'s^"'' by tiny Oiler ol money, or by threat or otherwise, directly or indirectly, induces or attempts to induce any such person to absent himself or herself or to swear falsely, shall be liable to a penalty of fifty dollars for each such oHence. 30. Whenever judgment is rend(;rcd under the said twelfth Dcfemiant may ,,. , •' . " i'i.»,r,i if be exninineil as and thirteenth sections oi this Act, lor the amount ol an»' ,„ i,is mans of penalty and costs, the Justice, if he aees fit, may call on the saiisiyins; the defendant to declare whether or not he possesses sufficient ^" *^""^" " goods and chattels to satisfy the same, — and if the answer is affirmative, may further examine him as to the sufficiency of .^ .^ 14 are not sati* lactory. such goods and chattels, and as to their being or not being \ lmpri»oninent readily available for seizure under a warrant of distress ; and if hi» answers if the defendant either answers in the negative, or refuses to answer, or fails to answer to the satisfaction of the Justice, he may be forthwith imprisoned under the warrant of the Justice, in the c./mmon gaol of th(? district, or county, or union of j counties, for a period of not less than one nor more ihan three months, counting from the day of his arrival as a prisoner at such guol ; but the defendant, in that eas<', may at any time oJJtain his liberation from siicli imprisonment, by making full payment of such amount and of all subsetpient costs. Imprisonment ifdetuiidniit l.s absent and does not appear to liave goods to salksfy judg- ment. •II. If the defendant is not present at the time of the render- ing of such judgment, and it is made to appear to the satis- fat^tion of the Jiistire, by aflidavit, that the issue of a warrant of distress woulcl be likely to fail of realizing the full amount thereof, in penalty and costs, the defendant may be forthwith i.iiprisoncd in stieh common gaol under warrant of the Justice, for a period of not less than one nor more than three months, counting from the day of his arrivul as a prisoner at such gaol ; but the defendant, in that case, may at any time obtain his liberation from such imprisonment, by making full payment of such amount and of all subsequent costs. and the over to mitted, thereof : 2. If corporal son aut belong lity mil either tt mation remain i the She and sha Execution if dclendani lias sullicieiit goods. In default of goods, inipri- soiijuent. Lilieratioii on pnyineiit in fuil. 3^. If the Justice does not so interrogate the defendant, being i)res(!nt, — or if the defendant being interrogated shows that he possesses a sullicieney of available goods and chattels to satisfy tlie amount of the judgment in pciialty and costs, — or if in the ab.-ience of the defendant it is notshown to the satisfaction of the Justice, that tlie is.'^ue of a warrant of dis- tress would be likely to fail of realizing the fidl amomU of the judgment, in penalty and costs,— then in default of immediate payment, sucli amount shall be levied i)y warrant of distress out of the goods and chattels of the defendant ; and in default of sucii goods and chattels or in case of their being insuffi- cient, tlie defendant shall be imprisoned in such common gaol, under warrant of the justice.^ for a period of not less tliiin one nor more th;in three montlis, counting from the day of liis arri- val as a pri.'^oner at such gaol ; and the defendant, in that case, may at any time obtain his liberation from such imprisonment, by making fidl payment of such amount and of all subsetiuent costs. Application of 33. In Lower Canada, such penalties shall be disposed of pemiities, ia jn the following manner, that is to say : > If prosecuted 1. If the prosecution was brought by or in the name of a ^•ve""'^^'^'"'^ "^ Collector of Inland Revenue, and not under authorization from the Council of a municipality, two third parts shall belong to and be retained by such Collector, — but subject to the obliga- gation of paying over one of such two third parts to any person on whose information he may have instituted the prosecution ; 15 ig or not being of distress ; and tive, or refuses to of tlie Justice, he nt of the Justice, unty, or union of more than three I as a prisoner at ii>y at jiiiy time t, by making full t costs. ine oftherender- T to the satis- sue of a warrant flic full amount nay be fortliwith nt of the Justice, n tliree months, iier at sucli gaol ; time obtain his full payment of If' the defendant, I'rrogated shows ods and chattels ilty and costs, — lotsiiown to the » warrant of dis- II amount of the It of immcdjate rrant of distress ; and in default being insuffi- 1 common gaol, 't less than Olio - person not so authorized, the penalty shall be paid over to the "i'^"'*"' !«-'"'">• Sheriff of the district wherein the oflenco was committed, and shall form part of the Building and Jury Fund thereof. 34. In Upper Canada, all such penalties shall be disposed App'ioaiion of of in the tollowmg manner, that is to say : u. c. 1. If the prosecution was brought by or in the name of a n proscouted Collector of Inland Revenue, and not under authorization from oriniumi^v'/ the Council of a municipality, two third parts shall belong to vemie. and retained by such Collector, — but subject to the obligation of paying over one of such two third parts to any peison on whose information he may have instituted the jjiosecution ; and the remaining third part shall by the Collector be paid over to the Receiver General, for the Upper Canada Building Fund ; 2. If the prosecution was brought by or in the name of the li'n' a Mum- corporation of a municipality, or by or in the name of any per- '''"'"y- son authorized by the Council thereof, the whole shall belong to such corporation ; and the Council of the Munici|)ality may pay over not more than one-half thereof, either to sucli person, or to any other person upon whose information the prosecution may have been instituted ; 3. If the prosecution was brought by or in the name of any in>y n privniti person not so authorized, the penalty shall belong to the corpo- P"'''y ration of the municipality whose by-law is thereby enforced ; and in that case, the Council may pay over to any other person upon whose information the prosecution may have been insti- tuted, not more than one-half of the whole penalty or may apply the same to Municipal purposes as they see fit. 33. Any persons bringing such prosecution under authori- imtemnifica- zation from a Municipal Council, shall be indemnified by the t'on of prosew- w tors ■mhoriictl corjwrnt ion of ilie miinicipnlity so aiitliorizinp: him, for all , byiminiiipaii- ,.„j,t iliurein, whulovor may be the result of iIip prosecution : tie* a> to cuitii. *' ' In ir, C. witli- out Kiicli autliunly. In L, C. 2. In Upper Caniulii any person bringing siicli prosociition to a snccosi^t'iil issiio, without having hc(>ti so authorized, shall be inilcmnififd by the forporation whosi' by-law is llicrcby ciiforcfd, f( r any amount of cost which, without default on his part, he may have failed to leeover frouj tlie (lef(*ndant ; 3. In Lower Canada, under like eiretunstanoes, any such person shall be indeiiuiitied in the like innniier, but only to the extent of such moneys as witliiii the current year may be paid into the funds of such corporation on account of penalties recovered under such prosecutions ; Tliosnme. 4. VVliciievcr any person is committed to gaol under the tliirtielli, tliirly-iirs!, or tliirty-sccond section of this Act, the cost Cost of ron- ,,(■ i,i^ jirrcst and conveyiince to gaol shall in like manner veyiiiKio [;>H\. j^^ |j,„.,„. i,y ,|„. corpoiatioii whose by-law is thereby enforced. No rerlivrari allowed nor nppt'ul III L'cr- IBiii cases. JIO. No conviction, judgment or order, in any such case, shall be nunoved by (,7r/»or«r« or otherwise, into any of Her Majesty's Su|)orior Courts of Hccord ; nor shall any appeal whatever bo allowed from any such conviclion, judgment, or order, to any Court of (leneral (Quarter Sessions, or other t-'ourt whatever wlieu the conviction has been made by a Stipendiary Magistrate, Kecordcr, Judge of the Sessions of the Peace, Sherilf or Police Magistrate. Notiy-iawvoiii JIT". No by-law j)ass(;d under authority and for enforcement lor .itieci or of this Act, shall be set aside by any Coiut, for any dcftJct of procedure or form wliat(!ver : (onii. Or for defect in mailers iiri'- oeilenl lo tlic poll. 2. And no such by-law, adopted by tlu; Electors of a muni- cipality under tht" fourth and fd'lh sections of this Act, shall !.c set aside by any Court, for any delect whatever, whether of form or substanitc, all'ccting the reipiisition thercjfor, the authenticity or niuuber of the signatures thereto, the (pialilica- tion of the signers thereof, or any matter, thing or procedure antecedent to the first pulilication of the notiet! given for the poll taken thereon unless the same be unauthorized by this Act. ^H Olilisntion of AtlllllripRl otlicer» to |)er- foriii diitie.t asslgiieii lo tliein by this Act. 38. Every duty devolving i pon any Mimicipal Officer under any of the foregoing sections of this Act, whether in Lower or in Upper Canada, shall bt; performed by such Ollicer, with the same powers and under tin; stime penalties and liabilities, in all respects wliattiver, as though the same devolved upon him under the express enactmtmts of the Lower Canada Consolidated Municipal Act, or of the Act chaptered lifly-four of the Consolidated Statutes for Ujjper Canada, as the case may be : , . ..^ .hi f 17 dng him, for all! * prosecution : Hiicli prosecution autliori/c(i, hIiuII y-ltiw is thereby lit dt'fault on lii.s ('(rndiint ; inrcs, !iny such r, l)ut only to tlip f'lir niiiy Ix' paid jiiiit or jM-nalties ) paol under the diis Art, the cost ill WUv. iiinnncr thereby eni'orced. I any sueli case, into any of Her hall any appeal m, jiidgiiicnt, or sfions, or other been made i)y a • Sessions of the for enforcement r any defect of tors of a muni- lis Act, sh;;!! !,.• ever, whether of n therefor, the o, the <|iialifiea- iiii,' or procedure ie(! given for the ihorized bv this inieipal Officer kct, whether in by such Ollicer, ( penalties and ' same devolved Lower Canada ptered fifty-four liu, as the case 2. All the provisions of the said Acts respectively, (or the Provitioni of preservation ot peace and good order at Municipal Electior-s, Mimiripii acu the prevention and punishment of oflTences at or with respect to ilfTrXTai"''"" such Elections, the expenses thereof, the power to appoint and EieHtoiii.,to swear special constables, and to administer oaths or aHirmalions unSer"ihi»Aci to voters, the remedy in case of interruption of I he proceedings, and generally all the provisions of the said Acts respectively relating to Municipal Elections and the polls thereat, and all matters incident thereto, shall apply to polls taken under this Act and the proceedings thereat, the Officers and persons presiding at or employed in or about the same, and nil matters mcident thereto, as if such polls were held with respect to elections under the said Acts, — except only in so far as such provisions may be inconsistent with those of this Act. In proteciitinni for rair without li^en^e crriain prcKuinptionii tiilfli lent lu put ilefrndant on hi" iJeleni-0, • nd convict tiiin in default oi rebuttal. GENERAL PROVISIONS, IRRESPECTIVK OK LOCAL PROHIBITION. 39. In prosecutions for the sale or barter, in any locality wherein no by-law passed under authority and for enloreement of this Act is in force, of intoxicating liquor of any kind, without the license therefor by law required, or contrary to the true intent and meaning of the law in that behalf, it shall not be necessary that any witness should depose directly to the precise description of the litjuor sold or bartered or the precise consi- deration therefor or to the fact of the sale or barter having taken place with his partii;ipation or to his o\^n personal and certain knowledge, but the Justice or Justices trying the same, so soon as it mav appear to him or them that the circumstances in evidence sufftciently establish the infraction of law com- plained of, shall put the defendant on his defence, and in default of bis rebuttal ol such evidence, shall convict him accordingly : 2. In every such prosecution, such Justice or Justices may WitnmM summon any person represented to him or them as a material mmmoned »nd witness in relation thereto ; and if such person refuses or UTayCTbrought neglects to attend pursuant to such sumnions, tin? Justice or "pW w«rtni. Justices may issue his or their warrant for the arrest of such person ; and he shall thereupon be brought before the Justice or Justices, and if he refuses to be sworn or to affirm, or to answer any question touching the case, he may be committed to the common gaol, there to remain until he consents to be sworn or to affirm, and to answer. 40. Whenever in any inn, tavern, or other house or place of public entertainment, or wherein refreshments are sold, or in any place wherein intoxicating liquor of any kind is sold, whether legally or illegally, any person has drunk to excess of intoxieatiiig liquor of any kind, therein furnished to him, and while in a state of intoxication from such drinking has come to his death by suicide, or drowning, or prishing from cold, or other accident caused by such intoxication, the keeper of Bucb inn, tavern, or other bouse or place of public entertoinr Liability of Innkeepera or perfoni in their employ, Sec, whugiveliiiunr to peraon* who be<-ume iniusi* cated and t'oinnilt fuicidt or periab Irom G«i(l, dco. 1 7 Action iiKninx Ihem. SfOt. 30 ofcHp. 6. Clin. Sim. Iv. C r<'p«iile(l. IS iiiciil, ur wliorciii rein '^ ion us lor ju'r^oiiid wroii^, if l>roui,'lit wiliiin ihror monilis tlicrcalU'r, l(Ul iioi oll.t'rwisc, liy tiif lr;j;iil rfpn'sonliilivr.s of tlic dcci'iisrd ]>t'i.-t)n ; and siicii Ic^'al rcprrscniiilivi'M niuy l)riny I'illirr a joint and several aetioii ai;-,iinr» may therein he nsMOssi d by the Court or Jury as daniai,'cs : 2. The iliirti"th section of the Act chaplorcd six of tjir ("on!'()iidat<'d Statutes ior Lower 'anada. is hereby repealed. ■I i . ll a person in a stale ol intoxication assaults any perst^n, i.r injures any property, uiiocver fnrnished him with the liijiior which oecasi in Pfidon* who luriiiBli ilii! lii|Ui>r lidl'li- for nwiiiill li^r"oiTii»'reL'^ viohitlon of I his Act, or otiierwise in vioiut'.on of law, — fhall inioxicHied. ^)e joinlly and se\era!iy (solidairemeni) liable tolhe same action by the party injured us ihi^ pcrsiai iiiioxicated may be liable to; and such parly injured, or his l"t,'al re|)resentatives, may brin",' either n joint and several actions a<;ainst the piTson into- xicated and the person vr persons who furnished such iiquor, or a M.'parate action against either of any of them. UnMmmi, Wilis 4*-8. Tile liusbanii, wife, jiarent, Jjiother, sister, tutor, '^V •'""y,"'"'^' yiiardian, or employer, of any person who has the habit of Sflltisol lii|ii(pr ,.,.'. .'.■',.' ^ ' , , itui Mj (iiinisint diiiuun^ into\i;'aiing iupair to excess, — or tlie |)arent, brotiui, loBiiy i«T»uii ())• sister, of the husband or wife of such person, — or tl.f! tutor (liuiUiiiK. or t,nianlian oi ary child or c'nldienc^i such person, — may yive ler, tw any person licensed sell, inioxicating iiquor of notice in \;"ritin^,', si-^ned bv him <^r I to Lialiilily of pt-IXHf* HO liolUk'd. •w.imco may brmsi tti;lioii lor ilaniaii'"t- to -I'll, or»wlio si'lls or is re|mled any kind, not to 'ieliver inloxieatin;^ liquor totho person having such habit ; and if the person so nuiified do at any time within tw(dve months after such notice, either hiniM-lf, or by hisclerlk, servant, or a^irenl, olherwiso than in terms of a special requisi- tion for medicinal |)urposes, signed by a licei-sed medical practilion'T, deliver, or in or from any buihiing, booth, or fihicc oecupie i by him, and wherein or wherefrom any such iquor is sold, sull'nr to be delitrcied, any such lienor to the person huvinij,- such habit, the person giving the notice may in an action as for personal wrong, (if brought within six months thereafter, but not otherwise,) recover of the person notified stich sum not less than twenty nor more than five 1 undred ' dollar;*, as may be assessed by the Court or Jury as damages ; arid any jiiarried woman may bring such action in her own name, without authorization by her husband ; and all d;unuges recovered by lior shall in that case go to her separate use ; and incase oft lie death of either party, the action and right of 19 ot diich phure nv othiT |M'r»un I lo siirh |)( rM)n , .-liall bfjoimly :iM i(»r |u>l^«llllal 'itilt'i', lull iioi i-'riy of rny kind, siiall be held to have l* -n reeeivcd with- ''"*''''*'^' out jiriy con'idiT.ition, rind agiin.st law, eijuitv, ;ind good eonseii'ici , — and th" niiioiKit or vnlue tlicrcoi niay be recovered from 111" reeeivLT by the parly w no made \\n> .same ; and nil s^'*'"'"''""' *"■ 1 . f i' 1 • • !• 1 • 1 l>ir pnyiiieiit lo sales, tran-'lers, coiivcyaiiee, liens and securities ol every Kind U; voi'l. in wlicle or ,)iirt nnde, !.'niiteo liir!ii>ii''(l in eMiitnivenlion of lliis .\;'i, or olln'rwise in violatitm of l.iw, slinil be wholly null and void, save only ;•.•< regards siibsiMinent purchasers or as^ij;iiies for viilne, without notice ; and no ac ;i(?n of any iiind shall be maintained, either in whole or in pait, for or on aec )iint of any l'(, nor so fur- nished 111 cniitravention of this Act, or otii'rwi.^e in violation of l.nv. • 13. In nil places where by law intdxieating liquors or any .Ndiiqndrntoixs particular description or descriptions of such liquors, are, allowed to be solfl by retail, no siu' «ir other dispcisid of such ,'iny" Vc^ li(piors shall talce place therein, or on tl .• premises thereof, nr oufof or from ihe saiin;, to any person whomsoever, from the hour of nlut' on .Salurilay evening, till the iiour of six bn the Monday nuniiing thereafter, — except in cases where a special requisition for medicinal purposes, signed by a licensed medif'al practitioner, or by a Justice of the Peace, is ])roduced by the vendee or his agent; nor shall any such liquors be n:xrppiion m permitted lo be drunk in any such place, exeeijt by traveiiors '<• ''a^'*'i'«'" or by |)ersons bonujute resilient, lodging or boarding tlu rent purposes. during the time prohibited by this .-(•{•tion for ilu sale of liu' same : 2. For every oH'ence under this section, a pennl'y of not Jess penniiyfor than ten nor more than Jifty dollars, with costs, shall in case of i'"''"^*"'' conviction, be n^coverablc frtmi, and leviable against the goods s^^ttion. and chattels of the person or jicrsons who are the proprietors in occupancy, or tenants or agents in occupancy, (if such place or places, and who are found by himself, or hersclfor themselves, or his, her or their servants or agents, to have committed or aided in committing such ollence ; 3. The two hundred and fifty-fonrth, two hundred and fifiv- Pertionsofcap. fifth, two hundred and fifty-sixth, two hundred and fifty- f. c"a-pcu!ed. seventh and two liundred and fifi\'-eighth sections of the Act chaptered fifty-four of the Consolidated Statutes for Upper Canada, are hereby repealed. 45. Any Police Ofiicer or Constable being thereto autho- Police officers rized in writing, as hereinafter is provided, may at any time *c,,dulyau- 90 thoniKd.may enter into any inn, tavern, or other houteor.pl > of public •ntaratany entertainmi'nt, or wherein refreshments or intoxicaiins liquors uwrnl'fcS"' «'« •"•«1. Of repnlcd to be sold, vhether legally or ille^ully ; and any iierson being thtvein or having cimrge thereof, who rt'fuses, or after due sumnfUiA fai'o, to admit such Police Otlicur or Constable into tlie nume, or ofl'ers any obstruction to his admixHion thereto, i«hall be liable to a pennlly of not les|i than ten nor more than Hfty dollars for every such ofl'ence ; Wbomav(ive 2. Any two or more Justices of the Peace may grant such ■ucb •mhority. authorization to avail within any city, town, township, imrish, or incorporated village, therein designated arid d*' iig ^vithin the jurisdiction of sueh Justices, for any tr un uf litjn* turein specified, not excecnling three months ; 49. 1 hereby b< for, to ht of the F< How it may ba cancelled. Penally for •L'linir under it allarward*. 3. The Justices of the Peace '.vfhoi;r;iiit»d such iiUthorlzntion, or any one or more of them, may ri my time cancel the same, by a written order to that elft ct under tlieir or his hand, deli- vered to such Police Officer or Constable; und any Police Officer or Constable acting or assuming to act under any authorization after the same has been so cancelled, shall be guilty of a misdemeanor. Pro*eoutjon( under ihe two next aartioua. 46. Any person may be the informant or complainant in "^'cediu prosecuting under either of the last preceding two sections of ■ '*™ "' this Act ; all proceedings shall be begun within thirty days from the date of the offence; all informaticns, complaints, or other nee fit to order ; and tliereupuri the petition and rcrord shull be returned, filed and otherwise dealt with accordingly, in the Court su by him designated. X INTERPRETATION, lin. 50. The words "intoxicating liquor" or " intoxicating •< inionctting liquors " whenever they occur in this Act, shall be understood 'ii<»o"" to mean and comprehend all npirituoUH and malt liquorH, all wines, and all combinations of liquors or drinks which are intoxicating. Si. The words '* city,"" town," and " incorporated village," "Ciiy," wherever they occur in this Act, shall be understood to mean "Town," aco. and comprehend every city, town and village respectively, which by law is a municipal corporation, whether so constituted by any special Act or otherwise, and the words " township," "Township," and '* parish," wherever they occur in this Act, shall be under- " P«ri»h." stood to mean and comprehend not only every township or parish but also every part of a township or parish, which by law is a municipal corporation. S9. This Act may be cited as ♦' The Temperance Act of 1864." sbon llUa S3. The Provincial Secretary shall cause a reasonable uiuribuuoo of supply of copies of this Act to be furnished, 't the public charge, ^«•■'• with all convenient despatch, to the Council of every municipa- lity in this Province. (A. I.) rORM or REQUISITION THAT BY-LAW BE SUBMITTED, FOR APPROVAL, TO CLECTOR3. The undersigned, qualified Municipal Electors of (designate the Municipality,) hereby require that any by-law which the Municipal Council thereof may pass under authority and for enforcement of the Temperance Act of 1864, at any time within one year from the date hereof, be submitted for approval to the Municipal Electors of the said municipality. Witness our hands, this day of in the year of Our Lord, one thousand eight hundred and (A. 2.) n^ ■ . ;■• -■ ■• FORM OF REQUISITIOX FOR A POI.I, ON BY-LAW PROPOSED FOR ^DOI'TION, TO ELECTCnS. The undersignod, ijiialiliotl Municipal Electors of (designate the .Municipality,) hereby require lliat a pull he taken in terms of l!ie Teuiporance Act of IH(Jl, to dctermint.! whetherornot the ijna'.iiied IMunicip:il Electors of the said municipality will adopt, under authority and for enioreement of the said Act, the bv Idw foll'-'wiii!,', wiiich we hereby propose for their adoption, to Mil : ; he sale uf inioxioatiniif li>"M OF CERTIFICATE OF APPROVAL OF BY-LAW Bf ELECTORS. 1 he foregoing by-law of tiic irmnicipal Council of (designate the Municipality,) having been submitted for approval, by order ol i le said Municipal Council, to the Municipal Electors of the sfvM (designate the Municipality,) has been by liiem duly appro- vtu, in terms of the Temperance Act of 1864. V/itness my band this day of L' r], one thousand eight hundred and. in the year of Our M (H. 2. Ff'RM OF CERTIFICATE OF A DOPTION OF BY-LAW BY ELECTORS. The by-law proposed by the foregoing requisition, for adop- tim, to the Municipal Electoi-s of the said (designate the Muni- ci lity) has been by them duly adopted, in terras of the Tem- p. nee Act of 1864. »'/itness my hand, this day of Lord, one thousand eight hundred and in the year of Our is (C.) PROPOSED FOR lh(! year of Our FORM OF COMPLAINT. ' PpoviNCF OF Canaija, ) A. !5., (designate Huly imd f District (or as case; may bt;) > cicntly the corporation or (•■ of ) prosecutor, as the case maj ; quire,) iti behalf of Our Sovereign l.ady the Queen, prosecui C. D. of (designate duly and siillicienlly tlie defendant,) ai complains : That the said (". IJ., at (designate duly the m a cipality,) on (designate the tinu^ or times,) and at sundry tin before or since, flid (here state succinctly th<> oli.nce cliare,!; contrary to the Temperance Act of 1HC4, then and there bi ■• fully in forie ; whereby and by force of the said Act, the C. J), hath become liable to pay the sum of Wherefore the ^:aid prosecutor prays that llie said C. L. be condemned to pay the said sum of , with co "s. (D) V Be EI.ECTOHS. he year of Our BV ELECTORS. FORM OF SIMJIONS. Province OF Canada, i n, ,, ,. r,, ■ .11 1 ,,■..., ' f lo ('. I), ol (designate duly :..iu District (or as case may > „. • ,, ., ^11*1 . \ •' , V ,. ^ •' i suiuci(?ntly the uelendant.) You are hereby commanded to appear before (us or me. is the case may be) the undersigned Justices of the Peace for t le ■;;.ud District" (or as the case may be,) at (name the place,) or. - le day of at the hour of in the noon,(if tli»; summons be issued by two .lusfices and not ji- a Stipendiary INlagistrate, llecordcr, Judge of the Sessions o' le Peace, or Police Magistrate, ndd here the words, '-or before tu rh other Justice's of the I'eace for the Vaid District," or as tiie >;. t forth ia the (';ia- plaint hereto anne.\ed, — otherwise judgment will be g '• sn against you by default. Given under our (or my) hand and s^al, this d}.y of in the year of Our Lord one thousand eight hunlrrd and in the district (or as case may be) aforesaid. (Signatures and Se I'.s.) CERTtFTCATE OF SERVICE. I, the undersigned, E. i'. of (designate duly the bailiflTor c Iior party cenifying,) do hereby certify, upon my oath of dies, ■"f 44 that on the day of , I did serve the within summons, and the complaint thct'eto annexed, on the within named defendant, at the hour of of the clock in the noon, by leaving a true and certified copy of the said summons and of the said complaint at the domicile of the said defendant, in the , speaking to (or, if the service was personal, by speaking to liim and leaving with him a true and certified copy of the said summons and of the said complaint at (To be dated and signed in liie ordinary manner.) (E.) FORM OF CONVICTION. if Province of Canada, i Be it remembered that on the District (or as case may > day of , in the year of Our be) of ) Lord one thousand eight hundred and , at (designate the phice where the conviction is had) in the said district (or as case may bo,) C. U., of (designate the defendant,) is convicted before the undersigned, G. H., Esquire, of (designating the official function of the party con- victing, as the case may be) for that he the said C. D. did (state sticcinctly the offence) and I (or we) adjudge the said C. D. for his said offence, to forfeit and pay to (designate the Prosecutor) the sum of , and also the further sura of for costs; in this behalf. Given under my (or our) hand and seal, the day and year first above mentioned. (Signature and Seal.) (F.) FORM OF WARRANT OF DISTRESS. Province of Canada, ) G. A., Esquire, of desig- District (or as case may ^ nating the official function of the be) of S party issuing the warrant.) To any bailliff, constable or other officer of the Peace in and for the said district (or as case may be) : Whereas C. D., of (designate the defendant,) hath been convicted before of having (state the offence,) and for such offence adjudged to pay A. B. (designate the Prosecutor) the sum of , and also the farther sum of for cost* in that behalf : • 25 |, I did serve the innexed, on the of the clock jertified copy of [the domicile of to Jiim and leaving jummons and of Imanner.) These are therelbre to cuinmand you, ami each of you, U> distrain tne goods and ciiattels of tlie said C. D., wlieresoever they may be founi^ within the said district (or as c:ase may be), and thereon toh'vythe said penalty and costs, making together the sum of ; and if, within the space ol four days next after such distress made, the said last mentioned sum of , together with the reasonable charges ol taking and keeping the said distress, are not paid, that then you do sell the said gouds and ehattiils so by you distrained as afore- said, and out of the money arising from sucli sale, thai you do pay the said sum of unto the said A. li., refunding to the said C. D. the overplus, the reasonable charges of taking, ke(!ping and selling tlie said distress being iirsl deducted ; and you arc to (icrtify to me (or us) willi the return of this warrant wlial you siiall iiave done in the execution tlKiroof. Herein fail not. that on the the year of Oar eight hundred nviction is had) f (designate the G. H., Esquire, f the party con- C.D. did (state e said C. D. for the Prosecutor) n of day and year re and Seal.) design unction of the rant.) ! Peace in and fendant,) hath B the offence,) designate the further sum of Given unch.T my (or our) iiand and seal, tiiis day of in the year of Our Lord one tiiousand eight hundred and , ill in the district (or us case may be), aforesaid. . (Signature and Seal.) (G, 1.) KORM Ol' WAURANT Ol' COM.MITMKNT, UNDER SECTION THIRTV OK THIRTV-ONE. i)A, ) To all or any of the bailifls, cons- DisTRiCT (or as case ^ tables and other ollieers of the peace, ) in tiu! District (or as case may be) of and to tiie ke(;p(>r of the gaol of the same district (or as case may be.) Provinct. oy (ana District ( may be) of Whereas, &c. (as in the foregoing Form F, to the mark *) ; And wiiiM-tMs (state circumstances under wliicli, in terms of section thirty or thirty-one, as case may be, tim warrant is issued) ; These are tiierefore to command you the said bailiffs, constabli.'s or olFurers of the P(;aee, or any one of you, to take the s;iicl C. 1)., and him safely convey to tiie gaol of the said district (or as case may be), and there deliver him to the .said keeper thereof, together with tiiis warrant ; and I (or we) do hereby command you the said keeper of the said gaol to receive the said C. D. into your custody in the said gaol, and to imprison him for the space of from the day of his arrival as a prisoner thereat, unless the said last mentioned sum of and all the costs of the commitment and conveying of the said C. D. to the said gaol, amounting to the further sum of , are sooner paid unto you the said keeper ; and for so doing, this shall be your sufficient warrant. Given, &c. (as in foregoing Form F.) 3 36 (U. i.) FORM or WARRANT OF COMMITMKNT, UNDER SECTION TtllKTY-TWO. (As in forPSToini^ Komi, G 1, to same inavk •) ; And whereas afterwards, on llir day o( . in llit- year I (or as ease may Im*) issued a warrant of distress for tile levyinii; ot the said aiiioiinl, toyjcliier willi the reasonable charires of the said distress ; And whrrcas (stale eireuiiistanees under\vhich,internisofse(;tion thirly-lwolhe warrant is issued); These an> llierefore uicoinrnand yow the said i)aili(fs, eonstahles or otliceis of the I'eaee, or any oiu- of yoii, to take the said C. D., and him safely convey to the ^'aol of the said distriet (or as case may he,) and there deliver him to the said keeper thereof, toi,'ellier with the wariaiit ; and I (or we) do hereby command you the said keeper ol the s:iid ii;aol to receive the said C. I), into your custody in the said ij;aol, and there to im])ris()n him tor the space of , from the day of his arrival as a prisoner ihereiit, mdess the said last mentioned sum of and all the c()>ts ol'tlie said distress, and of the eommitment and conveying; of the said C. 1). to the said gaol, amountini; to the further sum of • , are sooner paid unto you the said keeper ; and for so doing this siiali Ix! your suilicient warrant. Given, &e. (as in foregoing Form (i 1.) (H.) FORM OK AITUOHI/ATIOX I'NUr.K SKCriON KOKTY-KIVE. Province ok Canada, i To .1. S., of District (or as case [• Police Oliicer (or Constable may be) of ) may be) as case You arc hereby authorized, in terms of the Temperance Act of IHtil, by us (or as case may be) of I li'r Majesty's Justices of the Peace, and uilliin \\liose jurisditMion as siu-li the eily (or town, or township, or |)arish, or incorporated village, as case may be) ol (designate imiiiieipality \\ itliin which authori- zation istoavail) is situate, at any time or times not exceeding (designate the term of time for which the authorization is gr.mted, not being more than three luontlis) from this day, within the saiil city ((H- as case; may lie) to enter into any inn, tavern, or other house or |)lace ol pidilie entertainment, or wherein refreshments or intoxicating licpiors are sold or reputed to be sold whether legally or illegally. Given under our hands and seals, this day of in the year of our J.ord ont; thousand eight hundred and QuEBFC : — Printed by G. Desbarats & M. Cameron, I,aw Printer to the Queen's Most Excellent Majesty.