........ A. ........ again duly convicted of having, on the.. ..day of.... D., 18...., at the........of.. in the... ..of. having a shop license, unlawfully allowed liquor to be consumed, within a building which communicates by an entrance within his shop, by a person not usually resident within the building of which such shop forms a part [or as the case may be]. in the And further that the said X. Y. was previously, to wit: on.... day of...... A. D. 18...., at the . . . . . . . . of... . . . . ....of.... .., before, &c. (see above), again duly convicted of having, on the. .....day of.... A. D. 18...., at the in the.........of.... ...(being in charge of the premises of O. P., a place where liquor was reputed to be sold, unlawfully failed to admit E. F., an officer demanding to enter in the execution of his duty (or as the case may be) ...of.... And the Informant says the offence hereinbefore firstly charged against the said X. Y., is his fourth offence against "The Manitoba Liquor License Act, 1886." Whereas, information has been laid before me, C. D., one of Her Majesty's Justices of the Peace in and for the Province of Manitoba [or Police Magistrate for the ........of........,] that X. Y., being a druggist, on the.........of.. A. D., 188...., at the unlawfully did . . . ...of... . . . .., in the........of... sell liquor for other than strictly medicinal purposes, (or as the case may be) and it has been made to appear to me that you are likely to give material evidence on behalf of the prosecution in this matter. These are to require you, under pain of imprisonment in the Common Gaol, personally to be and appear on....... the...... day of.... A. D., 188........,....at ten o'clock in the forenoon, at the in the.....of....., before me or such Justice or Justices of the Peace as may then be there, and until duly discharged to testify what you shall know in the premises [and also to bring with you and there and then to produce all and every invoices, day books, cash books, or ledgers and receipts, promissory notes or other security relating to the purchase or sale of liquor by the said X. Y., and all other books and papers, accounts, deeds and other documents in your possession, custody or control, relating to any matter connected with the said prosecution. convicted before me, C. D., Police Magistrate in and for the....... ot..... Her Majesty's Justices of the itoba), for that he the said X. (or before us, E. F., and G. H., two of Peace, in and for the Province of ManY., on the .... .. day of in the year of our Lord one thousand at the in the ..... in his eight hundred and.. of.... premises, being a place where liquor may be sold, unlawfully did sell liquor during the time prohibited by "The Manitoba Liquor License Act, 1886," for the sale of the same, without any requisition for medicinal purposes as required by the said Act, being produced by the vendee or his agent (or as the case may be), A. B., being informant, and I (or we) adjudge said X. Y., for his said offence to forfeit and pay the sum of... ... dollars, to be paid and applied according to law, and also to pay to the said A. B., the sum of... dollars for his costs in this behalf, and if the said several sums be not paid forthwith, then* I (or we) order the said sums to be levied by distress and sale of the goods and chattels of the said X. Y., and in default of sufficient distress in that behalf* [or where the issuing of a distress warrant would be ruinous to the defendant and his family, or it appears that he has no goods whereon to levy a distress, then instead of the words betweeen the asterisks** say "inasmuch as it has now 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 several sums by distress," I (or we) adjudge the said X. Y., to be imprisoned in the Common Gaol for the Judicial District of Manitoba, at .in the said.... ....and there to be kept for the space of fifteen days, unless the said sums and the costs and charges of conveying the said X. Y. to the said Common Gaol, shall be sooner paid. Given under my hand and seal [or our hands and seals] the day and year first above mentioned, at the.... of.... .in the aforesaid. To Wit: . in the.... .in the year of our Lord one thousand eight hundred and X. Y., is convicted before the undersigned C. D., Police Magistrate in and for the........of... .in the said Province [or C. D. and E. F., two of Her Majesty's Justices of the Peace in and for the said Province], for that he, the said X. Y. on the.... ....day of..... .in the year of our Lord one thousand eight hundred and. at the city of... . . . . . [or of . . . . . . . . . . ] in the said. (as the case may be) having violated a provision of "The Manitoba Liquor License Act, 1886," unlawfully did attempt to settle the offence with A. B., with the view of having the complaint made in respect thereof dismissed. And it appearing to me [or us] that the said X. Y., was previously, to wit: on the.... day of..... ..A.L.18....at the... .of.......,before, &c., duly convicted of having on the. day of... A.D.18.... at the..... unlawfully sold liquor without the license therefor by law required. And it also appearing to me [or us] that the said X. Y. was previously, to wit: on the.... day of... .of..... .A.D.18.. at the......of... before, &c., .....day of (being of. ..) the keeper of a saloon, situate in the said... unlawfully allowed gambling in his said saloon (or as the case may be). I [or we] adjudged the offence of the said X. Y., hereinbefore firstly mentioned, to be his third be his third offence against "The Manitoba Liquor License Act, 1886," (A. B. being the informant) and I [or we] adjudged the said X. Y. for his third offence to be imprisoned in the Common Gaol of the said... . . . of...... .at.... in the said there to be kept at hard labor ..of.... for the space of three calendar months (or as the case may be). Given under my hand and seal (or our hands and seals) the day and year first above mentioned, at..... of.... in the... WARRANT OF COMMITMENT FOR FIRST OFFENCE WHERE A PENALTY IS ....of..... ..., in the said ...... was on this day convicted before the undersigned, C. D., Police Magistrate in and for the... . . . . . of . . . . . . . ., [or C. D. and E. F., two of Her Majesty's Justices of the Peace in and for the.... .....of.... ....." or ....of......., (as the case may be), for that he, the said X. Y., on......... .at. unlawfully did sell liquor without the license therefor by law required (state offence as in the conviction), (A. B. being the informant), and it was thereby adjudged that the said X. Y., for his said offence, should forfeit and pay the sum of.. .(as in conviction), and should pay to the said A. B. the sum of........for his costs in that behalf; 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...... ..Judicial District at ... ... in the said Province of Manitoba, there to be kept at hard labor for the space of....... unless the said several sums and the costs and charges of conveying the said X. Y. to the said Common Gaol should sooner be 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, said Justices), issued a warrant to the said Constables or Peace Officers, or any of them, to levy the said several sums of.........and.. by distress and sale of the goods and chattels of the said X. Y. "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 ;"] H [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, etc., say: "And whereas, it has been made to appear to me (or us), that the issuing of a warrant by 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 one of you, to take the said X. Y., and him safely convey to the Common Gaol aforesaid at..... in the.... of.... ..., and there deliver him to the said Keeper thereof, together with this precept. And I (or we) do hereby conmand 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 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....... .of. A. D., 18....,at..... in the said FORM OF DECLARATION OF FORFEITURE AND OF ORDER TO DESTROY LIQUOR SEIZED. If in conviction, after adjudging penalty or imprisonment proceed thus: "And I (or we) declare the said 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 T. D., License Inspector of the.... (or J. P. W., License Inspector of the... forthwith destroy the said liquor and vessels." .of.. .of........] do Given under my hand and seal the day and year first above mentioned, at, etc. |