Steamboats, &c.

License may

bond.

"19. Every owner, master, or person in charge of any be granted for steamboats, or steamboat or vessel, who intends to retail or allow to be revessel, without tailed spirituous, vinous or fermented liquor, on board such steamboat or vessel, shall, upon applying for the same, and paying the duty and fee thereon, receive from the proper revenue officer a license for such purpose, without entering into the bond hereinbefore required for keeping a house or place of public entertainment."

Stores or Shops.

Conditions for "20. The conditions prescribed by sections seven, eight, shop licenses. eleven, twelve and thirteen, with regard to certificates and the confirmation thereof, shall apply mutatis mutandis to the obtaining any license for retailing in any shop, store or place, spirituous, vinous or fermented liquor, in quantities not less than three half-pints, except that instead of the signatures of twenty-five or a majority of the municipal electors, the signature of three municipal electors shall suffice, and that in the city of Montreal the sum of two dollars, shall be payable on receipt of the application paper, which such sum shall be paid to the corporation of said city."

Issue of the license.

Section 32 of the Quebec License act amended. Conditions

prescribed in

keeping of taverns, &c.

"21. The proper revenue officer shall, upon production of a certificate duly confirmed as hereinabove prescribed, and upon receipt of the duty and the fee hereinafter mentioned, issue to any person applying for the same, a license for retailing in any one shop, store or place, to be accurately designated in such license, spirituous, vinous or fermented liquor, in quantities of not less than three half-pints at any one time, and not to be drunk on the premises."

3. Section twenty-two of the said act is hereby amended, by adding thereto the following paragraph:

66

Every such inn, tavern, temperance hotel, or house of public entertainment in any city, shall be provided with a relation to the kitchen of sufficient size, and all suitable apparatus to cook meals for not less than ten persons, with a breakfast, dinner and supper table, where meals may be daily served up at certain stated hours, and with at least two bed-rooms; and shall be a bona fide well appointed and sufficient eating house, to the satisfaction, as regards the city of Montreal, of the license commissioners of that city; and in default of any one or more of the foregoing requirements, the keeper of such house shall be liable to a penalty of fifty dollars."

added to the

4. The said act is hereby further amended, by inserting New section under the headings, "Obligations and restrictions on per- said act. sons licensed," and "Houses of public entertainment," the following section:

licensed to

"21a. No person to whom license shall be granted in any No person part of this province to keep an inn, tavern, or other house keep a tavern or place of public entertainment, shall, during the period shall keep a during which such license exists, keep or be interested in, grocery. or derive profit from, directly or indirectly, any grocery, shop or store in the same premises, for the sale of groceries, under a penalty of fifty dollars for each such offence."

said act

5. Section twenty-five of the said act is hereby amend- Sec. 25 of the ed, by striking out all the words in the first paragraph of amended. the said section which follow the word "agent," and substituting, instead thereof, the following:

46

'Nor shall any tippling or drinking of any such liquor No tippling or drinking durtake place, in any such place, during the time prohibited ing time by this section, for the sale of the same, and all bar-rooms prohibited. in such places during the time thus prohibited, shall be kept closed.

said act

6. Section twenty-nine, of the said act, is hereby amend. Sec. 29 of the ed, by inserting the word "immediately," after the word amended. "admit," in the seventh line of the said section.

amended.

7. Section thirty of the said act, is hereby amended, by Sec. 30 of the inserting, after the word "city," in the tenth line of the same act said section, the words, "or the said commissioners, by their chairman or clerk."

causing effects to be sold by

auctioneer.

S. The following section shall be inserted after section Penalty for 40 of the said act: "40a. Any person who causes to be sold or disposed of an unlicensed by public auction or outcry, by any person not licensed for such purpose under the authority of this act (the Quebec License act), merchandize or effects on the sale of which a duty is by this act imposed, whether such merchandize or effects be his own property or that of any other person, shall incur for each offence a penalty of not less than two or more than four hundred dollars."

43

9. The fourth paragraph of section 43 of the same act, is Sub-section 4 amended, by adding thereto the words: "but not when of section 48 of selling off surplus stock or effects."

10. The paragraphs one, two, four, five and six, of the section one hundred and twenty-five of the said act, amended, so as to read, as follows:

are

the same act amended.

Sub-sections 1, section 125

2, 4, 5 and 6,

of the said act amended.

Taverns for

tuous liquors.

"1. For every license to keep an inn, tavern or other retailing spiri- house or place of public entertainment, and for retailing brandy, rum, whisky, or any spirituous liquors, wine, ale, beer, porter, cider or other vinous or fermented liquors, the sum of sixty dollars, within the municipal limits of any city, except the cities of Quebec and Montreal, and one hundred and twenty-five dollars within the said city of Montreal, and ninety dollars within the said city of Quebec; the sum of fifty dollars within the municipal limits of any incorporated town; the sum of forty-five dollars within. any organized portion of the province not within any such city or town, and the sum of twenty-five dollars in any unorganized tract not within the limits of any municipality;

Tavern for the sale of wine

and beer.

Sale of spirituous liquors in a shop or

store.

Retailing spi

"2. For every license to keep an inn, tavern, or other house or place of public entertainment, and for retailing wine, ale, beer, porter, cider, or other vinous or fermented liquors, but not brandy, rum, whisky, or other spirituous liquors, within any organized part of this province, the sum of twenty-five dollars; and in any unorganized tract not within the limits of any municipality, the sum of twenty-two dollars ;'

"4. For every license to vend or retail, in any store or shop, brandy, rum, whisky, or other spirituous liquors, and wine, ale, beer, porter, cider, or other vinous or fermented liquors, in a quantity not less than three half-pints at any one time, within any organized part of this province, the sum of thirty dollars; and in any unorganized tract not within the limits of any municipality, the sum of twelve dollars:"

"5. For every license to retail on board any steamboat rituous liquors or other vessel, brandy, rum, whisky, or other spirituous liquors, wine, ale, beer, porter, cider, or other vinous or fermented liquors, the sum of forty-five dollars ;"

on board of steamers.

Retailing wine and beer on board of

steamboats.

"6. For every license to retail on board any steamboat, or other vessel, wine, ale, beer, porter, cider, or other vinous or fermented liquors, but not brandy, rum, whisky, or other spirituous liquors, the sum of twenty-five dollars."

35 Vict., ch. 2, 11. Section six of the act of this province, thirty-fifth Vicsec. 6, repeal- toria, chapter two, is hereby repealed, and section one hundred and fifty-one of the said Quebec License act is hereby amended, so as to read, as follows:

ed; and sec. 151 of the

license act amended.

In whose

name action

"151. Every action or prosecution for any offence against this act shall be brought by and in the name of the revenue to be brought. officer appointed under section ten of the treasury department act, for the revenue district in which the offence was committed, or by or in the name of the council of the county or local municipality within which the offence has been committed, or by any private individual.

shall sue not

unless, &c.

But no such action or prosecution brought by any muni- Revenue officer cipal council or private individual, nor any judgment or de- withstanding cision rendered therein, shall avail against or be pleaded in any other suit any prosecution brought by the revenue officer, unless the or action, amount of the penalty or forfeiture imposed by this act, or by any regulation made in virtue of this act, shall have been recovered by means of such prosecution by the municipal council or private individual, and shall have been paid over to the revenue officer of the district, or the convicting magistrate, or the clerk of the district magistrate, as the case may have required, or unless the defendant has undergone the term of imprisonment required by law in default of such penalty being paid."

12. Section one hundred and fifty of the said act is Sec 150 of the amended by substituting, for the first paragraph thereof, license act the following:

amended.--3233 Vict., ch.

and the provi

103, C. S. C.

ceedings.

"In all prosecutions instituted before two justices of the 31, of Canada, peace, a judge of the sessions, a recorder, sheriff, or district sions not remagistrate, the provisions of the act of the parliament of pealed of ch. Canada, thirty-second and thirty-third Victoria, chapter apply to thirty-one, respecting the duties of justices of the peace, certain proout of sessions, in relation to summary convictions and orders, and such sections only of chapter one hundred and three of the consolidated statutes of Canada, as have not been repealed by the parliament of Canada, shall apply in so far as they are not inconsistant with the provisions of this act, to all matters in relation to which no express provision is herein made.”

said license

13. Section one hundred and fifty-eight of the Quebec Sec. 158 of the License act is hereby amended, by inserting after the word act amended. "complaint," in the second line of the second paragraph of the said section, the following words: "if the prosecution be brought before any other tribunal than the circuit court or superior court."

14. Sub-section of section one hundred and fifty-three Sec. 153 of of said act is amended, by adding the words "or more" after said act, § 2, amended. the word "two" on the first and fourth lines thereof.

section 12, amended.

15. Section twelve of the act of this province, thirty- 36 Vict., ch. 3, sixth Victoria, chapter three, is hereby amended, by inserting after the word "act" and the parenthesis, in the seventh line of the said section, the words: "in the quantity of, or."

amended.

16. Section thirteen of the said act, thirty-sixth Victoria, Section 13 of chapter three, is hereby amended, by inserting after the said act word "liquor" in the third line of the said section, the words: "in the quantity of, or."

Sec. 16 of said 17. Section sixteen of the said act, thirty-sixth Victoria, act repealed and another chapter three, is repealed, and the following substituted

substituted.

Tax on whole

therefor:

"16. There shall be paid to the revenue officer, by every sale licenses. person who takes out a license under this act, the sum of fifty dollars.

Such licenses

only granted

(a.) No wholesale license shall be granted, under this act, in towns and for the sale of liquors in any place except in the towns and cities of this province.

cities.

Such license only for one house.

The holder of a wholesale

icense convicted of

(b.) Every such license shall be used for the sale of liquors in one house or place of business only.

(c.) Whoever, holding such wholesale license, shall be convicted of selling spirituous, vinous or fermented liquors, in quantities less than three gallons or one dozen bottles at retailing, loses one and the same time, shall, ipso facto, over and above any other penalty, incur the forfeiture of all rights conferred by such license.

his license.

Penalty for allowing

be drunk in the house.

(d.) Whoever, holding such wholesale license, shall allow liquors sold to spirituous, vinous or fermented liquors to be drunk in the house or place of business in which they were sold, or in any other buildings being dependencies thereof, by the purchaser or other persons, other than those in the service of the seller, or residing with him, shall be liable to a fine of fifty dollars, recoverable in the same manner and with the same effect as that imposed by section 31 of the Quebec License act."

Fine on fresh

be higher,

18. Whoever, having already been convicted one or more conviction may times for the illegal sale of liquor under the authority of the Quebec License act, and the acts amending the same, is again convicted, under the said acts, of having illegally sold spirituous, vinous or fermented liquors, may be condemned for such contravention to pay a fine of one hundred dollars, and in default of the payment of such fine to an imprisonment of six months.

This act forms part of the

license act.

Pamphlet of laws and regulations

licenses.

19. This act shall be read and interpreted as forming one and the same act with the Quebec License act.

20. The treasurer of the province, whenever he shall deem it conducive to the better administration and carryrespecting the ing out of the revenue laws, may, from time to time, at the revenue and public expense, cause to be prepared, printed and distributed, in the English and French languages, or in either of them, and in such numbers and manner as he may see fit, pamphlets containing the laws in force respecting licenses or the treasury department, and such acts or portions of acts, regulations of the lieutenant-governor in council, and instructions from the treasury department as he may deem desirable in connection with the said laws.