per mile (c) If he travels in his own conveyance, ten cents (e) In cases of adjournment at the instance of the defen- (2) The foregoing expenses shall be verified by the oath of the inspector. (3) In case the person convicted does not pay such costs but is committed to gaol in default of payment the inspector shall be entitled to be paid the amount out of the general revenue fund. (4) In cases of prosecution by inspectors when no conviction is procured, upon the written certificate of the justice trying a case that there were reasonable grounds for the prosecu tion the inspector shall be entitled to be paid the said costs out of the general revenue fund. (5) This section shall not apply to any inspector who receives salary in lieu of all other charges and expenses. No. 7 of 1897, s. 119. INTERDICTION. for 120. When complaint has been made to a justice that any Interdiction person by excessive drinking of liquor misspends, wastes, or intemperance, lessens his estate or greatly injures his health or endangers or procedure interrupts the peace and happiness of his family, the said justice shall institute proceedings under part LVIII of The Criminal Code 1892 against such person and on finding the complaint well founded shall by order in form J appended hereto, forbid every licensed person in the Territories to sell him liquor for the space of one year. No. 7 of 1897, s. 85. interdiction to licensees 121. Immediately after granting the order provided for in Notice of the next preceding section the justice making the same shall be given to transmit it together with the complaint and any evidence taken thereon before him to the chief inspector who thereupon shall transmit by registered post or deliver a notice in form K appended hereto to all licensees whose premises are in the locality where such interdicted person lives. supplying person (2) Whenever the sale of liquor to any such drunkard shall Penalty for have been so prohibited any person with a knowledge of such liquor to prohibition who gives, sells, purchases or procures any liquor interdicted for or on behalf of such prohibited person or for his or her use such other person shall be guilty of an offence and upon summary conviction thereof shall be liable for every such offence to a penalty not less than $50 nor more than $200 and, in default of payment forthwith after conviction, to not less than two months' nor more than twelve months' imprisonment, and if a licensee his license shall be forfeited. No. 7 of 1897, s. 86. Certain persons may require inspector to give interdiction notice Examination of interdicted person as witness Penalty for supplying liquor to interdicted person 122. The following persons, viz.— (a) Any husband or wife whose wife or husband has contracted the habit of drinking intoxicating liquors to excess; (b) The person himself or the father, mother, brother, sister, curator, guardian or employer of any person who has contracted the habit of drinking intoxicating liquors to excess; (c) The manager or person in charge of an asylum or hospital or other charitable institution in which any person who has contracted the habit of drinking in toxicating liquors to excess resides or is kept; (d) The curator er committee of any lunatic; or (e) The father, mother, brother or sister of the husband or wife of any person who has contracted the habit of drinking intoxicating liquors to excess; may require the inspector for the district to give notice in writing in form L appended hereto, signed by him, to every licensee in the license district and in any other license district adjacent thereto that he is not to sell or deliver any liquor to the person named. (2) In any prosecution or proceedings under this and the next preceding sections no interdicted person required to be examined as a witness shall be excused from being so examined or from answering any question put to him touching the sale or delivery to him of any liquor on the gound that his evidence will tend to criminate himself; and any such person so required to be examined as a witness who refuses to make oath accordingly or to answer any such question shall be subject to be dealt with in all respects as any person appearing as a witness before any justice or court and refusing without lawful cause or excuse to be sworn or give evidence may by law be dealt with; and every person so required to be examined as a witness who upon such examination makes true disclosure to the best of his knowledge of all things as to which he is examined shall receive from the justice before whom such proceeding is had a certificate in writing to that effect and shall be freed from all prosecutions and from all penalties and punishments to which he has become liable for anything done before that time under the provisions of section 123 of this Ordinance in respect of the matters regarding which he has been examined; and any prosecution or proceeding pending or brought against such witness under the provisions of section 123 hereof in respect of any matter regarding which he has been so examined shall be stayed upon the production and proof of such certificate if the said certificate states that such witness made a true disclosure in respect to all things as to which he was examined. (3) Whenever the sale of liquor to any such drunkard shall have been so prohibited any person with a knowledge of such prohibition who gives, sells, purchases or procures for or on behalf of such prohibited person or for his or her use any liquor, such other person shall be guilty of an offence and upon summary conviction thereof be liable to incur for every such offence a penalty not less than $50 nor more than $200 and in default of payment forthwith after conviction to not less than two months' nor more than twelve months' imprisonment and if a licensee his license shall be forfeited. No. 7 of 1897, s. 87; No. 40 of 1898, s. 12. person 123. Any person to whom the sale of liquor has been pro- Interdicted hibited under this Ordinance who either directly or indirectly obtaining in any way procures or permits the sale, disposal, gift or deli- liquor very to him by any person of any intoxicating liquor shall be Penalty liable on summary conviction thereof to a fine of not more than $50 and in default of payment forthwith after conviction to imprisonment for not more than one month; in any prosecution under this section if intoxication on the part of the defendant be proved he shall be held to have been guilty of an offence and in any such case it shall not be necessary in any proceedings to state the name of the person from whom the liquor has been procured or by whom the sale, disposal, gift or delivery of liquor has been made. No. 7 of 1897, s. 88. OPTION CLAUSES. 124. No license shall be granted by the board for the sale Local option of liquors within the limits of a license district when it shall have been made to appear to the board in manner hereinafter provided that a majority of three-fifths of the duly qualified electors therein, who have voted at a poll taken as hereinafter vote specified, have declared themselves to be in favour of a prohibition of the sale of intoxicating liquors in their district and against the issue of licenses therefor. member of (2) When a requisition is presented, accompanied by the sum Proceedings of $100 to defray the expenses of the poll hereinafter specified, to be taken by to any member of the board from a number of the electors of any board district (estimated as near as may be at at least one-fifth of the total number of electors of the district, the basis of such estimate being the number of electors who voted at the last election of a member of the Legislative Assembly), requiring a vote to be taken as to whether or not such license shall issue or be granted therein, it shall be the duty of such member upon the receipt of such requisition and the said sum of $100, to scrutinise the names of the electors attached to such requi- Preparation sition, and being satisfied that the names so attached are those of voters' list of duly qualified electors within the district, and after the person or persons who have witnessed the signatures to the said requisition shall have sworn before a justice or a notary public(a) That he, the said witness, or they, the said witnesses, were present and saw the said electors sign the said requisition; (b) That the said electors signed the said requisition with- Returning officer to command the taking of a poll of the said electors to ascertain whether or not such licenses shall be granted; and the member of the board to whom the requisition has been presented shall by an order inserted in any newspaper published in the district, or if there be no newspaper published in such district, in the newspaper whose place of publication is nearest to the said district Firstly, appoint one of the inspectors for the district or other person to act as returning officer; and Secondly, fix the places and day at and in which the poll shall be taken; The places so fixed for the taking of the poll shall be as many in number and in such parts of the district as shall be sufficient in the opinion of the returning officer to record a full vote of the electors of the district; the returning officer shall thereupon give public notice of the taking of such poll in all the newspapers if any published within the district, the publication to be continued in at least one number of each of such papers each week for three successive weeks, and also by posting up such notices or copies of the same at the post offices within such district; such poll shall be held in the month of October or November next ensuing on such day as shall be most convenient and not less than four weeks and not more than seven weeks from the date of the first publication of such notice, the When poll to said poll to be taken between the hours of nine a.m. and five p.m. of the day so appointed. be taken Powers of returning officer Deputy returning officer and clerks Deputy returning officer may administer oath (3) For the purpose of taking the poll the returning officer shall have all the powers for the preservation of the peace which are by law vested in the returning officer at any election of a member of the House of Commons of Canada and shall have all the powers of appointing and swearing constables. (4) The returning officer shall appoint a deputy returning officer for each polling division comprised in the license district and shall furnish each deputy returning officer with all the necessary apparatus for taking such poll; the returning officer, the deputy returning officers and the clerks whom he shall employ shall subscribe and take the oath for the due and proper performance of the duties of their respective offices according to the forms mutatis mutandis prescribed in schedule Q of the Act of the Parliament of Canada which may be cited as The Dominion Elections Act, before the nearest resident justice or commissioner for taking affidavits and shall be subject to the same penalties for the neglect or the improper discharge of their respective duties as are imposed on similar officers in case of an election of a member for the House of Commons of Canada. (5) Every deputy returning officer shall administer to any elector if required either one or both of the following oaths: No. 1. You do swear that you are a male British subject; that you Form of oath have attained the full age of twenty-one years; that you are not an unenfranchised Indian; and that you have resided in the North-West Territories for at least the twelve months and in this license district for at least the three months respectively immediately preceding this date. So help you God. No. 2. You do swear that you have not received any money or Form of oath other reward nor have you accepted any promise made to you directly or indirectly to induce you to vote at this election and that you have not before voted at this election either at this or any other polling station. So help you God. at poll when (6) When any person presents himself for the purpose of Proceedings voting the deputy returning officer shall cause the full name, oath taken occupation and place of residence of such person to be forthwith entered on the voters' list and before the vote of such person is polled shall if so requested by any qualified voter administer to him either or both of the above mentioned oaths: and the words "He has taken oath No. 1" or "oath No. 2" as the case may be, shall be written opposite the name of any person so sworn; and in case any person refuses to take such oath or oaths at such request he shall not be permitted to vote and the words "refused to take oath No. 1" or "oath No. 2" and as the case may be, shall be written opposite the name of any person so refusing. and poll (7) The vote of the electors shall be taken by ballot in the Manner of manner provided by The Canada Temperance Act and the conducting several clauses thereof under the headings "The Poll," "Secretary," "Penalties," "Preservation of Peace," "General Provisions," "Prevention of Corrupt Practices," and "Penalties and Punishments Generally" shall be read and construed as a part of this Ordinance except where the same may be inconsistent with any of the provisions herein contained. (8) Immediately after the close of the poll the deputy re- Proceedings turning officer shall in the presence of the poll clerk if there be at close of poll one and such of the electors (of whom there shall not be more than two) as may be present open the ballot box and proceed as follows: 1. He shall examine the ballot papers and reject all those Examining on the back of which his initials are not found or on which anything appears by which the voter can be identified ; ballot papers objections 2. Take a note of any objection made by any elector present Noting to any ballot paper found in the ballot box and decide on any question arising out of the objection ; 3 Number such objection and place a corresponding number Numbering on the back of the ballot paper with the word "allowed" objections "disallowed" as the case may be with his initials; or |