furnished him with the liquor which occasioned his intoxication, if such furnishing was in violation of this act or otherwise in violation of law, shall be jointly and severally (solidairement) liable to the same action by the party injured as the person intoxicated may be liable to; and such party injured, or his legal representatives, may bring either joint and several actions against the person intoxicated and the person or persons who furnished such liquor, or a separate action against either or any of them."* (Ib. s. 41.)

NOTICE NOT TO FURNISH." The husband, wife, parent, brother, sister, tutor, guardian, or employer, of any person who has the habit of drinking intoxicating liquor to excess, or the parent, brother, or sister of the husband or wife of such person, or the tutor or guardian of any child or children of such person, may give notice in writing, signed by him or her, to any person licensed to sell, or who sells or is reputed to sell, intoxicating liquor of any kind, not to deliver intoxicating liquor to the person having such habit; and if the person so notified do at any time within twelve months after such notice, either himself, or by his clerk, servant, or agent, otherwise than in terms of a special requisition for medicinal purposes, signed by a licensed medical practitioner, deliver in or from any building, booth, or place occupied by him, and wherein or wherefrom any such liquor is sold, suffer to be delivered any such liquor to the person having such habit, the person giving such notice may, in an action as for personal wrong (if brought within six months thereafter but not otherwise) recover of the person notified such sum not less than twenty nor more than five hundred dollars, as may be assessed by the court or jury as damages; and any married woman may bring such action in her own name, without authorization by her husband, and all damages recovered by her go to her separate use; and in case of the death of either party, the action and right of action

*The tavern-keeper who furnishes liquor after served with a notice not to deliver, under the forty-second section, will be liable under this section, and should be proceeded against.

given by this section shall survive to or against his legal representatives."* (Ib. s. 42.)

VOID SECURITIES. -"Any payment or compensation for liquor furnished in contravention of this act, or otherwise in violation of law, whether made in money or securities for money, or in labour or property of any kind, shall be held to have been received without any consideration, and against law, equity, and good conscience, and the amount of value thereof may be recovered from the receiver by the party who made the same; and all sales, transfers, conveyances, liens, and securities of every kind, in whole or in part, made, granted, or given, for or on account of liquor so furnished in contravention of this act, or otherwise in violation of law, shall be wholly null and void, save only as regards subsequent purchasers or assignees for value, with notice; and no action of any kind shall be maintained, either in whole or in part, for or on account of any liquor so furnished in contravention of this act or otherwise in violation of law." (Ib. s. 43.)

SALE BETWEEN SATURDAY AND MONDAY.-"In all places where by law intoxicating liquors, or any particular description or descriptions of such liquors, are allowed to be sold by retail,

* The notice may be similar to the following, or to the like effect: Mr. Jefferson Smith, innkeeper, of the township of you will please take notice, as follows:

(or as the case may be)

1st. That I the wife (or a son or daughter, as the case may be) of of lot - in the (or if in a city or town, give the street and

concession of

uumber of dwelling, or other good description) farmer. 2nd. That I reside with the said

3rd. That the said

excess.

(or as the case may be.)

has the habit of drinking intoxicating liquors to

4th. That you are not to deliver intoxicating liquors to the said

The trial under this section may be in the division court, if not more than forty dollars claimed.

At the trial, the person who brings the action should be prepared to prove: 1. The service of the notice, and date and hour of service; 2. The relationship; 3. The fact that the party has the habit of drinking intoxicating liquors to excess; 4. The fact that liquor was furnished by the tavern-keeper, his clerk, servant, or agent, to the drunkard, after the service of the notice; 5. The grief and anxiety the plaintiff sustains in consequence of the drunkenness. If the husband, when drunk, is violent and likely to do personal violence, it should be proved.

In the country it would be well to serve each tavern-keeper or other person licensed to sell liquor, within a few miles of the drunkard's home, with a notice, because money, &c., paid before notice cannot be recovered back.

no sale or other disposal of such liquors shall take place therein or on the premises thereof, or out of or from the same to any person whomsoever, from the hour of nine on Saturday evening till the hour of six on the Monday morning thereafter, except in cases where a special requisition for medicinal purposes, signed by a licensed medical practitioner or by a Justice of the Peace, is produced by the vendee or his agent; nor shall any such liquors be permitted to be drunk in any such place except by travellers or by persons bona fide resident, lodging or boarding thereat during the time prohibited by this section for the sale of the same.

"For every offence under this section a penalty of not less than ten nor more than fifty dollars, with costs, shall, in case of conviction, be recoverable from and leviable against the goods and chattels of the person or persons who are the proprietors in occupancy or tenants or agents in company of such place or places, and who are found by himself, or herself, or themselves, or his, her or their servants or agents, to have committed or aided in committing such offence. (Ib. s. 44.)

OFFICERS MAY ENTER TAVERN.-" Any police officer or constable being thereto authorized in writing, as hereinafter is provided, may at any time enter into any inn, tavern or other house or place of public entertainment, or wherein refreshments or intoxicating liquors are sold, or reputed to be sold, whether legally or illegally; and any person being therein or having charge thereof, who refuses, or after due summons fails to admit such police officer or constable into the same, or offers any obstruction to his admission thereto, shall be liable to a penalty of not less than ten nor more than fifty dollars for every such offence;

"Any two or more Justices of the Peace may grant such authorization to avail within any city, town, township, parish, or incorporated village, therein designated and being within the jurisdiction of such Justices, for any term of time therein specified, not exceeding three months;

"The Justices of the Peace who granted such authorization or any one or more of them, may at any time cancel the same, by a written order to that effect under their or his hand,

delivered to such police officer or constable; and 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." (Ib. s. 45.)

FORMS TO BE USED." Any person may be the informant or complainant in 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 informations, complaints or other necessary proceedings may be brought and heard before any one or more Justices of the Peace for the district, or county, or union of counties, wherein the offence or offences were committed or done; the mode of procedure in, and the forms appended to the Consolidated Statute of Canada respecting the duties of Justices of the Peace out of sessions in relation to summary convictions and orders, may be followed as regards all such cases and proceedings; and all penalties which may be recovered therein shall belong to the corporation of the city, town, township, parish or incorporated village wherein the offence was committed."* (Ib. s. 46.)

The penal clauses of Con. Stat. U. C. c. 54 having been repealed by 27 & 28 Vic. c. 18, it became necessary to amend the law, and the legislature at its last session passed the following act:

PENALTY." If any person shall, without license duly issued by the competent authority, sell or cause to be sold any wine, rum, brandy or other spirituous liquors, beer, ale, cider or other fermented liquors, to be drunk in any ale-house, beerhouse or other house or place of public entertainment in which the same are sold, or shall, without such license as aforesaid, sell or cause to be sold by retail any such liquors in any shop, store or place other than an inn, ale-house, beer-house or other house or place of public entertainment, or if any person being duly licensed to sell intoxicating liquors by wholesale or retail shall sell or cause to be sold any such liquors, in contravention of the law, every person so offending shall incur a penalty of

* Penalty under 44th section, now under 29 Vic., to be divided between informer and municipality.

upon

not less than ten dollars nor more than fifty dollars, with costs, and be convicted may the oath of one or more credible witness or witnesses before any Justice or Justices of the Peace having jurisdiction in the place in which such offence is committed; and it shall and may be lawful for such Justice or Justices to issue a warrant of distress to any constable or peace officer against the goods and chattels of the said offender, and in case no sufficient goods be found to satisfy such penalty and costs, then it shall and may be lawful for the said Justice or Justices to order that the persons so convicted be imprisoned in any common gaol in the county or city in which such conviction takes place for any term not less than ten days nor more than thirty days, unless the amount of penalty and costs be sooner paid, and one-half of the said penalty shall go to the informer, the other half to the municipality." (28 Vic. c. 22, s. 1.)

"The provisions of the act respecting Justices of the Peace, Consolidated Statutes of Canada chapter one hundred and three, shall apply to proceedings under this act, except in so far as altered by this act." (Ib. s. 2.)

This act shall apply to Upper Canada only." (Ib. s. 3.)

(C.)

PROVINCE OF CANADA, District (or as case may be)

of

FORM OF COMPLAINT.

A. B. (designate duly and sufficiently the corporation or other prosecutor, as the case may require,) in behalf of Our Sovereign Lady the Queen, prosecutes C. D. of (designate duly and sufficiently the defendant,) and complains: That the said C. D., at (designate duly the municipality,) on (designate the time or times,) and at sundry times before or since, did (here state succinctly the offence charged,) contrary to the Temperance Act of 1864, then and there being fully in force; whereby and by force of the said act, the said C. D. hath become liable to pay the sum of

Wherefore the said prosecutor prays that the said C. D. be condemned to pay the said sum of with costs.

(D.) FORM OF SUMMONS.

PROVINCE OF CANADA, District (or as case may be)

of

}

To C. D. of (designate duly and sufficiently the defendant.)

You are hereby commanded to appear before (us or me, as the case may be) the undersigned Justices of the Peace for the said district (or as the case may be) at (name the place,) on the day of at the hour of — noon, (if the summons be issued by two Justices and not by a

the

in