being informant, and I 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 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 between the asterisks say inasmuch as it has now been made to appear to me 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 adjudge the said X.Y. to be imprisoned in the common gaol at. in the said and there to be kept for the space of... .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 the day and year first above mentioned at the. in the ..of. . aforesaid. C.D., [L.S.] J.P. C.O., c. 89, schedule 2, form P; 1901, c. 33, s. 18.* is convicted before the undersigned C.D., one of [His] Majesty's justices of the peace in and for the said Territories for that the said X.Y. on the. A.D. one thousand. in the said. . . . . day of. .at. (as the case may be) having violated a provision of The Liquor License Ordinance unlawfully did attempt to settle the offence with A.B. with the view of having the complaint made in respect thereof dismissed (or as the case may be): And it appearing to me that the said X.Y. was previously, duly convicted of having on the. A.D. 1. ..., at the..... .of. A.D. 1..., . before, etc. day of. .unlawfully sold liquor without the license therefor by law required (or as the case may be); And it also appearing to me that the said X.Y. was previously, to wit: on the. 1...., at the.. .of. .day of. etc., (see above) again duly convicted of having on the.. .day of.. ..A.D. . before, .A.D. 1. ..., at the. being the keeper of licensed premises situate in the said.. . . . .of... unlawfully allowed gambling in his said licensed premises (or as the case may be); I adjudge the offence of the said X.Y., hereinbefore firstly mentioned, to be his third offence against The Liquor License Ordinance (A.B. being the informant) and I adjudged the said X.Y. for his third offence to be imprisoned in the common gaol of the said.. in the said be kept at hard labour for the space of three calendar months (or as the case may be). Given under my hand and seal the day and year first above mentioned, at. .in the. of.... C.O., c. 89, schedule 2, form Q; 1901, c. 33, s. 18. C.D. [L.S.] J.P. FORM R. WARRANT OF COMMITMENT FOR FIRST OFFENCE WHERE A PENALTY IS IMPOSED. Canada North-West Territories. To wit: To all or any of the constables and other peace officers in the was on this day convicted before. the undersigned C.D., one of [His] Majesty's justices of the peace in and for the North-West Territories, for that he, the said X.Y., on. on... unlawfully did sell liquor without the license therefor by law required (state .at... 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. his costs in that behalf; .for 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 at. . . ..in the said Territories there to be kept at hard labour 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 be sooner paid; And whereas the said X.Y. has not paid the 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. 1. ..., I, the said justice, issued a warrant to the said constable or peace officer or any of them to levy the said several sums of.. ....of. .and.. and sale of the goods and chattels of the said X.Y.; by distress And whereas it appears to me as well by the return of the said warrant of distress by the constable who had the execution of the same or 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, etc., say: And whereas it has been made to appear to me 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 at.. .in the.... ..of... ..and there deliver him to the said keeper thereof together with this precept; And I 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 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 this.. .A.D. 1. ..., at... .day of C.D. [L.S.] J.P. C.O., c. 89, schedule 2, form R; 1901, c. 33, s. 18. |