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 J- 
 
 ACT TO RESTRAIN THE SALE "^ 
 
 OP 
 
 INTOXICATING LIQUORS, 
 
 FROM SATURDAY NIGHT TILL MONDAY MORNING 
 — 22 Vict., Cap. 6— (2nd Session.) 
 
 li 
 
 11 
 
 {For Upper Canada only— Sanctioned 26fA Marc\ 1859.) 
 
 .-»N^\ ,%. , v^r •■ --^N.-w'V*- >, 
 
 With LETTER on the subject, by JOHN J. E. 
 LINTON, of Stratford, C.W. 
 
 -,rv/--.--^v^rf'v^yx^ .''-' 
 
 r 
 
 jHnntml: 
 
 PRINTED AT " THE PILOT " OFFICE. 
 " 1859. ^ 
 
"tif- 
 
 -V 
 
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 I 
 
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 - / 
 
 {Copied from the Canada OauUe, Toronto, 9th 
 April, 1869.) 
 
 •12 VICT., CAP. 6, (2nd SESSION.) 
 
 \ 
 
 <i 
 
 1 
 
 i 
 
 An Act to restrain the Sale of Intoxicate 
 ing^ Liquors from Saturday Night till 
 Monday Morning. 
 
 lAsnenteir to l^th March, 1 85?).] 
 
 Whereas it is expedient to restrain the pale of 
 intoxicating liquors during certnimpeiiods : There- 
 fore, Her Majesty, by and with t|je advice and 
 consent of the Legislaiive Council and Assembly 
 of Canada, enacts as follows : 
 
 1. In all places where, by the laws of that part 
 of this Province called Upper Canada, intoxicating 
 liquors are or niay ho allowed to be sold by whole- 
 sale or retail, no sale or other dispo^ial of the said 
 rujuors shall take place therein or on the premises 
 thereof, or out of or from the same, to any person 
 or persons whomsoevei', I'ro'ii or after the hour of 
 seven of the clock on Saturday night, till the hour 
 of eight of the clock on Monday morning there- 
 after, and during any fuither time on the said days 
 and any hours on other days during which by any 
 By-law of the Municipality wherein such place or 
 places may be situated, the same or the bar room 
 or bar rooms thereof ought to be kept closed, save 
 and except to travellers lodging at, or ordinary 
 boarders lodging at the place oi' places where such 
 liquor is sold, and save and except in cases where 
 a requisition, for medicinal purposes, signed by a 
 Hcensed medical practitioner or by a justice of the 
 peace, is produced by the vendee or his agent, nor 
 shall any such liquors be permitted or allowed to 
 be drunk in any such places, except as aforesaid, 
 during the time prohibited by this Act for the sale 
 of the same. 
 
 2. A penalty for the first offence of not less than 
 twenty dollars, with costs, in case of conviction, 
 shall be recoverable from, and leviable against the 
 goods and chattels of the person or persons who 
 
!», 
 
 tre the proptietors in occupancy, or tenants or 
 agents in occupancy, of said placo or places, who 
 shall be found by himself or herself, or themselves 
 or his, her or their servants or agents, to havo 
 contravened the enactment in the first section 
 hereof, or any part thereof; for the second offence, 
 a penalty against all such of not less than forty 
 dollars, with costs, for a third offence, a penalty 
 against all such of not less than one hundred 
 doUars, with costs, and foi' a fourth or any after 
 offence, a penalty against all such of not less than 
 three months imprisonment with hard labor, in 
 the common gaol of the County wherein such 
 place and places may be, the number of said offences 
 to be ascertained by the production of a certificate 
 from the convicting Justice, or by other satisfac« 
 tory evidence to the Justice before whom the in- 
 formation or complaint may be made; and it is 
 hereby enacted tHat convictions for several offences 
 may be made uader this Act although such offences 
 may have been committed in the same day ; Pro- 
 vided always, that the increased penalties herein 
 before imposed shall only be recoverable in the 
 case of offences committed on different days. 
 
 8. Any person or persons may be the informant 
 or informants, complainant or complainants, in 
 prosecuting under this Act ; all proceedings shall 
 be begun within twenty days from the date of the 
 offence, all informations, complaints, or other ne- 
 cessary proceedings, may be brouglit and heard 
 before any one or more Justices of the Peace of 
 the County where the offence or offences were 
 committed or done, and the mode of procedure in, 
 and the forms appended to, the Act sixteenth 
 Victoria, chapter one hundred and seventy-eight, 
 for summary proceedings, may be followed as re- 
 gards the cases and proceedings under this Act. 
 
 4. The said penalties in "money, or any portion 
 of them which may be recovered, shall be paid to 
 the convicting Justice or other acting Justice in 
 the case, and by him paid equally, one half to the 
 informant or complainant, and the other half to 
 the Treasurer of the Municipality where the place 
 or places referred to are situated. 
 
 5. The word " Liquors* shall be understood to 
 mean and comprehend all spirituous and malt 
 liquors, and all combinations of liquors or drinks 
 which are intoxicating. ^%'' ,^ - > 
 
 6. This Act shall apply j(q XTpper Canada only. 
 
 / 
 
 i 
 
 / 
 
1 
 
 /: 
 I'' 
 
 / » 
 
 The Bnnday liquor Aet, 28 Vio. Cap. 6* 
 (8«oond SMrioiL) 
 
 SnUTFOID, 0. W., April 26, 1869. 
 
 TO TBI KOITOB OF TBI PILOT. 
 
 Dbak SiBf^On turning to the files of your 
 Tftluable paper in Janoarj ; you will find that yoa 
 did me the faTor of inierting in the Piloi (on the 
 lith January) a copy of the " Bill '* for «• An Act 
 to restrain the sale of Intoxicating Liquors from 
 Saturday night till Monday morning."— That Bill 
 I drew up, and sent copies of in manuscript to you 
 and to sereral others, and I circulated many hun> 
 dred copies of it in print ; — and, in reply to the 
 one sent to the Chief Justice of Upper Canada, 
 Sir J. B. Robinson, Bart, he approved of its tenor 
 so far as to submit it to a Member of ParliamenL. 
 — and the various letters received by me, showed*, 
 that its principle was approved of ; and Members 
 of Parliament in both Houses did not hesitate to 
 write me, that the measure would receive their 
 cordial support. 
 
 Parliament met on the 29th January, and the- 
 Bill was introduced into the Upper House by the 
 Hon. Mr. Campbell, member for the Cataraqid 
 Division (Kingston) on the 9th February, and in a 
 highly creditable manner it was attended to by him. 
 in that House, — passed through a committee of its 
 members appointed to revise it, — and ultimately 
 passed its third reading, and was sent down on the 
 26th February to the Lower House, the Legislative 
 Ac '^^Myi for its concurrence, — where, on the^ 
 17th March, it was debated on, and, on the IBti^. 
 agreed to^ and passed with two valuable amend- 
 ments proposed by the Hon. Mr. Mowat — On the 
 21st the Bin, as sent firom the Lower House, iHth 
 the amendments, was ftqally passed by the Upper 
 Ilouse, and awidted ffip.Excelle&cy's sanction to 
 become the law of Upper Canada; andy on the 
 26tlb March, he,— doing,, in my bumble ofrfnioo, • 
 most noble and, ImooMme act, — sanctioned va» 
 V BJV anid it feithwii^ became the law of Upper 
 Capada» ,It {s .^ , Act. 22. Vic. oap. A. (SiMsaod 
 SMfioi^.) la ititpoivpk ia the Lower Hoese; the 
 $||1 pas, d|i tJ^m^^irdH. referred to tiiefiilect 
 Cbp^tiee on A M4Utg(m 
 of llr. Simpton, mT P. ibr NiMara. Mr. RobUn» 
 Hon, M, CaoMroD, and other eight Members, and^ 
 
lOlh January 
 in cndciivor- 
 favor of tho 
 and I noticed 
 
 on tho lull, ihej (49 the Report Htntcs) took tho 
 Bill into conrfidcruiion, — "and, after cureful ex- 
 amination, it was a^roud to report said Bill to the 
 House without amendment.** 
 
 I curtainly was not Idio from tho 
 to tho b<tginning of March, 
 ing to enlist **a sentimunl" in 
 Bill in Parliament and out of it^ 
 alao that the Bill wan copied Into levcral papers, 
 —but your paper tho Pilots and the Colonist of 
 the 15th January, (evening edition,) were the flrat 
 to publidh it, — and one M.P. wrote nio, (D. Rob* 
 lin, Esq.) that he was of himself prepared to intro- 
 duce it from tho copy he saw in the Pilot. 
 
 Apart from the feeling of those who are inimi* 
 cal to restricttvo legislation (which may be neither 
 more nor less than making laws as to what was 
 previously legislated upon,) and of those engaged 
 m the Traffic of Intoxicating Drinks ; and, also, 
 of another class, apart from tho opinions of these 
 classes, the measure appeared to be most accept* 
 ably received. It is now tht law of Tl!|>per Cana- 
 da, and I hope it will be respected, as much for the 
 solemn reasons grounded on the too true but sad 
 and reliable facts, which induced its being pre* 
 pared by me, as for its help, as a means, for the 
 quiet unsecular observance of a day sacred to all 
 who profess to believe in Christianity, namely, the 
 Sabbath Day, or the Lord's Day, otherwise called 
 Sunday. -'^^^ .. -• .i ^'. ^-<-r^ , .^ 
 
 I hold that it does not appear a very eomistent 
 course, — without saying anything more about it, 
 — for a people generally calling themselves "a 
 Christian people, to make Sunday, or any part of 
 it, subservient to ordinary public business and a 
 making of money, the same as on any other day 
 of the week ; and he must be a very blind person, 
 who will not see that the course of the Liquor 
 Traffic in ao many of its branches, and in its pub> 
 lie manifestations, has made that day "subser- 
 vient to pubUc business and a making of money," 
 and worse than all, the article sold and partaken of 
 in that traffic, leads to the excitement and a para* 
 lysis of the mind and body, and to the commission 
 of acts uBwortiiy of a people, calUng tbemsdves 
 " a Christian people.** I write of Suqday. Let 
 the acts of and for the rest of the week, in that 
 trsffic, speak. Tour own paper the Pilot (which 
 I regularly file, as I do of many other papersX 
 BfaoiNt to me, ib its narration of fiusts, crimes, ac- 
 
 sV 
 
k 
 
 ndont.-», niurtlcrw, »^''., cvulonco.-' siifflcicnt, anJ so 
 to any lliinking p^r-«on, having a dexiro for aoine 
 social reform nn to the liiquor Trnftic, that there is 
 upheld in our niiJdt, and chic tiy and alinoitt en- 
 tirely by Presbyterian", EplscopaUanH, (Church ot 
 Encland) and by Unman Catholic-:^, a bu.'iineeB and 
 tmftlc which lia^ poinoncd, and in poisoning, the 
 great nifisscs of society, namely, the Intoxicating 
 Liquor OusiDCdS. 
 
 As I am an intereHUd party in this matter, 1 
 Txay be presumed to liuvo a rlyht to put my viewjj 
 before the people of Canada. I have a vented in- 
 terest in the liquor truttio, for by it, I chieHy make 
 my livelihood ; for, as it is increased and made to 
 monopolise the many corners and by-pluces of this 
 County of Perth, and as it protrudes itself in signs 
 and tokens on the streets of this town and in our 
 villages, the more that monopoly increases and is 
 encouraged, the more money it is likely I will 
 yearly make. It may be f>aid of u truth, that of 
 the two huu*^>-ed places in this County licensed to 
 retail intoxicating Tuiuors, with the outlays for 
 stock in trade, servants' wagee, rents, &c., I have 
 an interest in, — though as thai traffic has not a 
 penny in cash of my money vested in it, still as 
 Clerk of the Peace for this County, and as the 
 roost undoubted public and private testimony 
 shows that about seventeen to eighteen out of 
 every twenty cases of petty and larger crimes, &c. 
 arise from the use of intoxicating liquors, my in- 
 terest will be apparent,r— as the documents con- 
 nected with these cases have in some way to be 
 reported to me, and I bavo my fees therefrom. 
 Id fact, the more these coses arise, the more money 
 I am justly believed to make, as there is no salari/ 
 attached to my office, but feea alone. The anomaly, 
 if it may be so called, appears, that I have been 
 "quarrelling with my bread and butter! " So be 
 it. I am contented, biii I wish that a more direct 
 iDorking interest, a heartfelt anxiety and humanity 
 for a reform in some way in this antagonistic war- 
 fare, was more apparent in society amongst profcs* 
 sors of religion and the friends of Temperance. 
 The pride of religion or of Temperance will no 
 more enlist sincere members to its cause, than will 
 the mere ritualistic encambiancer with scarcely a 
 shadow of mercy and humanity. 
 
 But your Undneis to me on more t|ian one oc* 
 casiOD, in inserting my commonicalions, will no^ 
 
« » 
 
 *v;'-.»" 
 
 8 
 
 iL V 
 
 how«Ter deter me, oor our friendihip of nigh forty 
 yetra, from ukiog you to point out to tb« people 
 of Cenede, what plan you would propoee for an 
 ellevUtion of the lyitem wherebv and from which 
 the orimee kc I refer to, aiiae f I aak you thie, 
 for I peroeife in the Pi7et of the )tOth April an 
 article w to " Reatrictive LegieUtioo " which ia 
 rather agalnit the humane intentiona of the prin* 
 dplea ofthe Act I now write about The aole and 
 only intention I had. Dear Sir, in putting that 
 meaaore forward, was for an endearour to obtain 
 a mUd and limited rectraint on the undue extent 
 of the traffic in intoxicating drinks, and for a 
 *' protection to the Sabbath." The six days of the 
 week, exdusiye of Sunday, are surely enough to 
 do any business in,<— excepting such as msy arise 
 from necessity. The moral Uwfulness of the tratU 
 in liquors, I by no means endorse. In the Pilot 
 ofthe 14th January where you so kindly made the 
 " Bill " public, — in fact you first gave it a public ex- 
 istence, — you pre&ced it with some brief remarks, 
 and you said, — "A siniiUr bill known as the 
 'Forbes M*Kenzie Act,' has been the means of 
 workine a wonderful revolution in the social habits 
 of the Scottish people." Lately I was put in pos- 
 session of some pamphlets sent me by the Scottish 
 Temperance League of Hope Street, Glasgow, 
 which eflfectually and statistically show the very 
 great benefits resulting from that Act. — I have no 
 copy ofthe Act. I have an idea of its principle. 
 The perusal of the pamphlet by D. M'Laren, Esq., 
 late Lord Provost of Edinburgh, as published by 
 the League, shows the whole system of whi^y 
 drinking, kc. and the results in Scotland. May the 
 fact of our legisUtion in a more definite and ex- 
 tensive manner, show to our countrymen, an ex- 
 ample borrowed from them. May our acts be as 
 arguments to help them against those who may 
 uiyustiy wish the tralBc in its former position. 
 May it there, never be so. 
 
 Natives of that "happy land " as we l)oth are, 
 •—and: the remembrances of Greeno<^ and the 
 Clyde I hope we will not forget, thou|^ I hail 
 fran " bmmie Rosa,"— and after a lengtben*^ life, 
 Mcb of ufl of mnch exporieiu^B, I teust that we 
 will endeavour in thifi our idopfed ooni^^y tp fi»v 
 ward rather any libenl and jiiit measure for a so- 
 cial gpod. , J v^h^l dfH ^k^7 diaame with the 
 «r<f»^]Mhrtjy, ww9vc^4mkf^t»:fini 'Mj^mperaiweV 
 out of a JOflt position, and caO as a "tin," what I 
 
 ll 
 
••/ 
 
 ll 
 
 woultl hcgiut« so to (leiif^iite. Still, jou nmtt 
 Admit that the increnit of the monopoly on our 
 iiocial habits, of tho manj divereiflod turns of the 
 liquor traffic, and th«^ cfmuquence$ which are too 
 palpable to be disguisod, during tho last thirty to 
 forty years, (a long period) should induce ^ a lover 
 of social reform ** to put/orviard and to maintain 
 some i>/un, whereby to eomo, or to a whole, ex- 
 tent tne evils which arise, from a tfiule of our 
 own ereathig^ from a legislation of our inakivg, 
 might be alleviated. 
 
 If wo huvo tho power, and albeit the will to cre- 
 ate systenis and trades which picture to us now in 
 roanv horrible and devilish shapes, anomalies and 
 cruel evils in our 80cinl life ; and if wc have, as we 
 have, the poxfcr to embalm such trader by logisla- 
 tive acts, have we the power and the will to re- 
 view, and to reform, and to re-legislate about thom ? 
 Is it humane and Christianly to do so? Is it a 
 manly warfaro with the world, disinterestedly to 
 move for its, the world's better moral and social 
 condition ? Wo have tho power if wo have the 
 will. I am certain you will approve of every just 
 action for tho exercise of that power. 
 
 IJut another objection arises, and it may bo put 
 in two branches : — 1st. Tliat it is unjust to bo le- 
 gislating as to the liquor trade, and making 
 cliangop, and that during tho currency of the term 
 of the Uconse to sell, &c. 2nd. What is the use 
 of sucli laws, or of any rc?trictive mode, for there 
 will be a breaking of the laws by smuggling, sell- 
 ing at unlawful times, diinking at such times, &c. 
 Thcsr" may bo briefly answered ; — 1st. Tho heyln- 
 mug of tho trade was by statute or ordinance, and 
 year by year and period by period, since 1774, 
 in Canada, the laws as to the solo and retail of in- 
 toxicating drinks and liquors have been changed 
 and altered, and any one who will consult the sta- 
 tute book will find that it has been so. The trade 
 is not a fixed one. Investments of any kind made 
 in it, are made with a risk. It is a waste of time 
 to rebut all outcries as to changes and alterations 
 in the laws as to spirituous liquors, their sale, &c., 
 — for the trade and traffic hangs on public opinion, 
 sentiment, and legislaiSon ; and it is my hope that 
 that sentiment will iDcrease so as that the time 
 will soon come, when there will be a legislative 
 expulsion of the trade as one dangerous to society. 
 2nd. To the reflective tnind, it will occur that even 
 when our Lord and Saviour was, while on this 
 
 v< 
 
/ 
 
 \/ 
 
 \0 
 
 earth, preaching to and addressing the many 
 crowds whom face to face be beheld, there were 
 breaking of, and positive opposition to, his pre- 
 cepts and divine laws,— even we are to believe, 
 there were *' pickpockets in the crowds who lis- 
 tened to Him," — and that though we have what 
 we call a ''higher law," the laws of God in tlie 
 ten commandments and otherwise, yet man being 
 nnfuUy and rcbcUiously inclined, breaks and .scti^ 
 at naught even God's own laws, — and what wc 
 also call our '• lower laws " against murder, th(?ft, 
 &c. in our statute book, are broken every day. 
 These laws are prohibitory ; but we have in Up- 
 per Canada, the Act 8 Vic. cap. 45 for a protoc- 
 tion of the " Ijord's Day," whereby all secular 
 work, &c. on that day is punishable^ — and we 'mve 
 the prohibitory laws as to selling intoxicating 
 liquors to the Indians, which are solely prohibitory 
 measures — see 3 Vic. cap. 18, &c. Many laws 
 which are piohibitory arc scattered over our sta- 
 tute book, and our Municipal Acts contain every 
 essence of prohibition. 
 
 I always looked upon the picas against prohibi- 
 tion or restriction ns to the liquor businosp, when 
 we are a legidatlug peofle^ as mm-e blinds and 
 screens put in the patlis of unthickiii? people, to 
 be u3od ayainst all S'x-'al.i' I'omn. It is to be 
 regretted that in the midst of a Christian profes- 
 sing people, — the great majority of whom pcofess 
 so justly but so eagerly timt profession and cling 
 to it, while their acts give a lie or a denial of that 
 profession. What would our Saviour himself say 
 to his professed people, wore he now coming 
 amongst them? Would he not sec an almost 
 whole secularisation of Christianity, with even Mi- 
 nisters, alas ! as well as people. What would he 
 not see, and what would he too, not rebuke and 
 condemn ? — " ! Jerusalem, Jerusalem, &c." that 
 exclamation would be uttered in lightning fires ? 
 
 But to t>um up the whole, after years of accumu- 
 lation of facts and observations, it is found that 
 the traffic and trade in intoxicating drinks as be- 
 tween sellers and drinkers, causes nigh seventeen 
 to eighteen twentieths of all our petty and larger 
 crimes, besides a numerous i;lass of evils in society 
 and of many varieties, and a degradation of our 
 common race, which it would be in vain from their 
 greatness and extent for all our writers and au- 
 thors to enumerate and detml, — supposing their 
 facts and histories were qonfined to European 
 
11 
 
 \ 
 
 i 
 
 GhristUui nations ; — u amongst these nations the 
 eztonsiyenesa of the evils prevail and ez'.8t What 
 of America? God be pruscd, "the heathens" 
 are so far sav^ front the accusations of ?uch things, 
 though, sad to say, the inoculation and tntroduc- 
 ductiou bj professing Christians amongst such 
 heathen nations of these things, causes rather the 
 extermination and discivilization of the heathen ! 
 
 To the sincerely religious and philanthropic man, 
 there should appear no desire so great, for the gen- 
 eral welfare of mankiui, as "an increase of the 
 sentiment that the trade and traffic in Intoxicating 
 Liquors, as it was legislatively induced and en- 
 couraged, should be legislatively expelled, a$ ov9 
 dangeroic^ to mciety.''^ 
 
 I rem.iin, de'hr Sir, yours truly, 
 
 JOHN J. E. LINTON. 
 
 [The above Letter appeared in the Daily Pilot 
 of the 7th May, and Weekly Pilot of the Uth.] 
 
 
 Note. — It must appear to the philanthropist and 
 to the sevenil reformers of our present .uncial ha- 
 bits, that there is a great lack of working effort 
 amongst the orda.Fied and licensed, and unordained 
 and unlicensed MiniKters and Preachers of religion, 
 in the profession which they have adopted, for as 
 their numbers in Canada and in the United States 
 are to the proportion of the population, there in not 
 a greater number of people to be taught and minis 
 tered to, enjoined and counselled, than what they 
 can eadly Himt-gh, oversee and attend to. And if we 
 look eastward to Europe, the numbers are very 
 great. Look at the County of Kent, in England, as 
 one instance. It is not here that the writer of the 
 above letter can so easily point out the " blindness*' 
 which is over the Ministers of religion,— a darkness 
 far more dense, it would seem, than the Egyptian 
 darkness. If they shall not know of it hereafter, 
 blessed will so many of them be. The profession 
 they have chosen would appear to lead so man j of 
 them in the paths of iniquity and worldUness, and 
 inhumanity and gross outrage to the Divine laws 
 of their Divine master, and tk(^ profession, as 
 acted, will lead such— and no veiy edueated or ob- 
 serrant and thinking penwn re<|ttiros maoh t* 
 
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 kttow it — ^'^ !e6d such to just where thej are paid, 
 and 80 mt' of them so well paid, to warn their 
 separate flo^-ks of hearerfni.d followers to flee from ! 
 
 It is inconceivable whyt he n^'W-i'TfT^io/i principle 
 is so much tolerated itii^ a professiou generally, 
 where xithoyfMl its implortance, they should never 
 give " sleep to their eyelids," till in numbers by 
 thousands and hundred* 9f thousands (as their 
 numbers are great, and more so than generally 
 noted, when assistants in every shape are included) 
 they would be found in remonstrances in person 
 and by writing, with orery intluential person and 
 personage, and body in nU America, and iu all Eu- 
 rope, showing what «V Chfi>tianif>;, aitd what is to 
 be the result of a contravwirioii otTJod's lavrs. 
 
 It is inconceivable howifar the warldliuess and 
 worldly pride of Ministers of religion, so generally 
 as a class, should with riling: generations of peo- 
 ple, rather make them td be jeered and scoffed, 
 than to be so justly revered when they deserved it. 
 No Minister of religion ** should serve two njas- 
 ters." ■'' 't'i- 
 
 Till there is an entire serration of worldly power 
 and secular interests, and secular pride, in the 
 Ministerial profession, the present laxity of disci- 
 pline, and of work, and of plan, and of sole mission- 
 ary effort, (everywhere) wiU remain appareiit, and 
 80 gross, as to be not unheeded. 
 
 And the Liqvor Traffic is a trade and business 
 which they, of the professi(?]i referred to, have not 
 suificiently set their minds aud action against. 
 
 J. J. E. L. 
 
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