FORM W.

Warrant of Commitment for first offence where a penalty is

imposed.

in the

of

of

in the said

was this day convicted before the undersigned, C. D., police magistrate in and for the city of (or E. F. and G. II., two of Her Majesty's

justices of the peace in and for the of

at

of , (or or as the case may be), for that he, the said X. Y., on unlawfully did sell intoxicating liquor (state offence as in the conviction), contrary to the provisions of the second part of" The Canada Temperance Act," then in force in the said (A. B. being the informant), and it was thereby adjudged that the said X. Y., for his said offence, should forfeit and pay the (as in the conviction), and should pay to

sum of

the said A. B. the sum of behalf :

for his costs in that

And it was thereby further adjudged that if the said several sums should not be paid forthwith the said X. Y. should be imprisoned in the common gaol of the said

be kept at hard labour for the space of

there to unless the

said several sums and the costs and charges of conveying the said X. Y. to the said common gaol should be sooner paid :

And whereas the said X. Y. has not paid the said several sums, or any part thereof, although the time for payment thereof has elapsed:

[If a distress warrant issued and was returned "no goods,” or "not sufficient goods," say]" And whereas afterwards on the day of A. D. 18 , I, the said police magistrate (or we, the said justices) issued a warrant to the said constables or peace officers, or any of them, to levy the said several sums of by distress and sale of the goods and chattels of the said X. Y. :

and

"And whereas it appears to me (or us), as well by the return of the said warrant of distress by the constable who had the execution of the same as otherwise, that the said constable has made diligent search for the goods and chattels of the said X. Y., but that no sufficient distress whereon to levy the said sums could be found ;"]

[Or where the issuing of a distress warrant would be ruinous to the defendant and his family, or if it appears that he has no goods whereon to levy a distress, then instead of the foregoing recitals of the issue and return of the distress warrant, &c., say

"And whereas it has been made to appear to me (or us) that the issuing of a warrant of distress in this behalf would be ruinous to the said X. Y., and his family," or " that the said X. Y. has no goods or chattels whereon to levy the said sums by distress" as the case may be :]

These are therefore to command you, the said constables or peace officers, or any of you, to take the said X. Y., and him safely convey to the common gaol aforesaid at

of

, in the and there deliver him to the said keeper thereof, together with this precept.

And I (or we) do hereby command you the said keeper of the said common gaol to receive the said X.Y. into your cus tody in the said common gaol, there to imprison him and keep him for the space of unless the said several sums and all the costs and charges of the said distress, amounting to the sum of , and of the commitment and conveying of the said X Y. to the said common gaol, amounting to the further sum of shall be sooner paid unto you, the said keeper, and for so doing this shall be your sufficient warrant.

Given under my hand and seal (or our hands and seals), this

day of

in the said

of

Warrant of commitment for third offence, where punishment is

by imprisonment only.

Whereas X.Y.. late of the

at

of

of

in the said

'was on this day convicted before the undersigned C.D., (or E.F. and G. H., &c., as in preceding form) for that he, the said X.Y., on (state offence, with previous convictions, as set forth in the conviction for the third offence, or as the case may be, and then proceed thus): " and it was thereby adjudged that the offence of the said X.Y., hereinbefore firstly mentioned, was his third offence against the second part of "The Canada Temperance Act," then in force in the said

, (A.B. being the informant); And it was thereby further adjudged that the said X. Y., for his said third offence, should

of

and there be

kept at hard labour for the space of calendar months: These are therefore to command you, the said constables, or any one of you, to take the said X.Y., and him safely convey to the said common gaol at aforesaid, and there deliver him to the keeper thereof, with this precept. And I (or we) do hereby command you, the said keeper of the said common gaol, to receive the said X. Y. into your custody in the said common gaol, there to imprison him and to keep him at hard labour for the space of calendar months.

Given under my hand and seal (or our hands and seals), this

day of

of

A.D. 18 at

Form of declaration of forfeiture and of order to destroy liquor seized.

If in the conviction, after adjudging penalty or imprisonment, proceed thus:

And I (or we) declare the said intoxicating liquor and vessels in which the same is kept, to wit: (two barrels containing beer, three jars containing whiskey, two bottles containing gin, four kegs containing lager beer, and five bottles containing native wine (or as the case may be), to be forfeited to Her Majesty, and I (or we) do hereby order and direct that the said liquor and vessels be destroyed by the constable or peace officer who executed the search warrant under which the same was found or in whose custody the same was placed.

Given under my hand and seal the day and year first above mentioned, at, &c.

unlawfully kept intoxicating liquor for sale, contrary to the

provisions of the second part of "The Canada Temperance Act," then in force in the said (as the case may be), do

hereby declare the said liquor and the vessels in which the same is kept, to wit:-(describe the same as above), to be forfeited to Her Majesty, and we (or I) do hereby order and direct that J.P. W., license inspector of the of the said , do forthwith destroy the said liquor and vessels. Given under our hands and seals (or my hand and seal)

this

said

day of

OTTAWA : Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most Excellent Majesty.

Preamble.

Short title.

Declaratory.

Section 96 of

new section.

As to revoca

CHAPTER 35.

An Act in amendment of "The Canada Temperance

Act."

[Assented to 22nd May, 1888.]

HER Majesty, by and with the advice and consent of the

Senate and House of Commons of Canada, enacts as

1. This Act may be cited as "The Canada Temperance Amendment Act, 1888."

2. This Act shall be read and taken as if embodied in and forming part of “ The Canada Temperance Act."

66

3. Section ninety-six of "The Canada Temperance Act" is Act repealed; hereby repealed and the following substituted in lieu thereof:"96. No Order in Council issued under this Act shall be tion of Order revoked until after the expiration of three years from the date of the coming into force under it of the second part of this Act."

in Council.

When peti

tion for revo

cation may be submitted to

vote.

Application

of certain sections.

Form of peti

"2. No petition for the revocation of the Order in Council which declares "The Canada Temperance Act" in force shall be submitted to the vote of the electors more than thirty days before the expiration of three years from the coming into force of the second part of the said Act in any county or city."

4. Sections five, six, seven and eight following and the forms in the schedule to this Act shall be read as if embodied in the first part of the said Act, but shall relate to proceedings for revoking the Order in Council which has brought the second part of the said Act into force.

5. A petition to the Governor in Council praying for the tion for revo- revocation of any Order in Council, passed for bringing the second part of the said Act into force, may be in the form O of the schedule hereto or to the like effect.

cation.