CHAP. 71. An Act to amend the Canada Temperance Act. HIS [Assented to 20th July, 1908.] [IS Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. Section 117 of The Canada Temperance Act, chapter 152 of R.S., c. 152: the Revised Statutes, 1906, is hereby repealed and the following new s. 117. substituted therefor: "117. From the day on which this Part comes into force Prohibition and takes effect in any county or city, and for so long there- with liquor of dealings after as, and while the same continues or is in force therein, where Part II no person shall, except as in this Part specially provided, by himself, his clerk, servant or agent, is in force. "(a) expose or keep for sale, within such county or city, Offering any intoxicating liquor; or, for sale. "(b) directly or indirectly on any pretense or upon any Sale, barter, device, within any such county or city, sell or barter, or, in gift. consideration of the purchase of any other property, give to any other person any intoxicating liquor; or, bringing. "(c) send, ship, bring or carry or cause to be sent, shipped, Sending and brought, or carried to or into any such county or city, any intoxicating liquor; or, "(d) deliver to any consignee or other person, or store, Delivery. warehouse, or keep for delivery, any intoxicating liquor so sent, shipped, brought or carried. "2. Paragraphs (c) and (d) of subsection 1 of this section Exceptions. shall not apply to any intoxicating liquor sent, shipped, brought or carried to any person or persons for his or their personal or family use, except it be so sent, shipped, brought or carried to be paid for in such county or city to the person delivering the same, his clerk, servant, or agent, or his master or principal, if the person delivering it is himself a servant or agent. Certain licenses not to avail as against provisions of this Act. New s. 127. Penalty for violation of Part II. Punishment of accessory. Forfeiture of intoxicant "3. No act done in violation of the provisions of this section shall be rendered lawful by reason of,— "(a) any license issued to any distiller or brewer; or "(c) any license for retailing on board any steamboat or "(d) any license of any other description whatsoever." 2. Section 127 of the said Act is hereby repealed and the following substituted therefor: "127. Every one who by himself, his clerk, servant or agent, in violation of Part II. of this Act, "(a) exposes or keeps for sale, any intoxicating liquor; or, "(c) sends, ships, brings or carries, or causes to be sent, "(d) delivers to any consignee or other person, or stores, shall, on summary conviction, be liable to a penalty for the "(a) so exposes or keeps for sale any intoxicating liquor; or, is equally guilty with the principal and shall on summary con- "3. All intoxicating liquors with respect to which any such and package. offence has been committed, and all kegs, barrels, cases, bottles, packages or receptacles of any kind, in which such liquors are contained, shall be forfeited. may be "4. Prosecutions for any offence under paragraph (c) of Where subsection 1 of this section, or under paragraph (c) of sub- prosecution section 2 of this section, may be brought and carried on and a brought. conviction had in the city, town, or other municipality, from which any intoxicating liquor is sent, shipped, brought or carried as aforesaid, or in the city, town or other municipality to, or into which, such intoxicating liquor is so sent, shipped, brought or carried." 3. Section 136 of the said Act is hereby repealed and the New s. 136. following substituted therefor: search "136. If it is proved upon oath before any judge of the Issue of sessions of the peace, recorder, police magistrate, stipendiary warrant. magistrate, two justices of the peace, or any magistrate having the power or authority of two or more justices of the peace, that there is reasonable cause to suspect that any intoxicating liquor is kept for sale in violation of Part II. of this Act, or of The Temperance Act of 1864, or is stored, warehoused, or kept for delivery, in violation of Part II. of this Act, in any dwelling house, store, shop, warehouse, outhouse, garden, yard, croft, vessel, building, or other place or places, such officer may grant a warrant to search in the daytime such dwelling house, store, shop, warehouse, outhouse, garden, yard, croft, vessel, building, or other place or places, for such intoxicating liquor, and if the same or any part thereof is there found, to bring the same before him. "2. Any information under this section may be in form Q and any search warrant under this section may be in form R." Form of and of information searchwarrant. 4. Forms Q and R in the schedule to the said Act are here- New forms by repealed and the following substituted therefor: Q and R. The information of K. L., of (yeoman) taken this the year of Our Lord the said district (or county, or as the case may be) of day of me W. S., Esquire, one of His Majesty's justices of the peace in and for the said district (or county, or as the case may be) of who saith that he hath just and reasonable cause to suspect and doth suspect that intoxicating liquor is kept for sale (or is stored or is warehoused or is kept for delivery) in violation of Part II. of The Canada Temperance Act, in the (dwelling-house, etc.) of P. Q. of in the said district (or county or as the case may be) (here add the cause of suspicion). Wherefore he prays that a search warrant may be granted him to search the (dwelling-house, etc.) of the said P. Q. as aforesaid for the said intoxicating liquor. Sworn (or affirmed) on the day and year first above mentioned in the said district (or at before me. W. S. To all or any of the constables or other peace officers in the district (or county or as the case may be) of Whereas K. L. of in the said district (or county, or as the case may be) of (yeoman) hath this day made oath before the undersigned one of His Majesty's justices of the peace in and for the said district (or county, or as the case may be) of that he hath just and reasonable cause to suspect and doth suspect that intoxicating liquor is kept for sale (or is stored or is warehoused or is kept for delivery) in violation of Part II. of The Canada Temperance Act, in the (dwelling-house, etc.) of one P. Q. of in the said district (or county, or as the case may be) of These are therefore, in the name of Our Sovereign Lord the King, to authorize and require you, and each and every of you, with necessary and proper assistance, to enter in the day time into the said (dwelling-house, etc.) of the said P. Q. and there diligently search for the said intoxicating liquor; and if the same, or any part thereof, shall be found upon such search, that you bring the intoxicating liquor so found, and also all barrels, cases, boxes, packages, and other receptacles of any kind whatever containing the same before me to be disposed of and dealt with according to law. : |