XXIII. That the nineteenth section of an Ordinance passed by the Legislature of Sect. 19 of Ord. 2 Lower Canada, in the second year of Her Majesty's Reign, chapter seven, and intituled, Vict. c. 7 repealed, An Ordinance to amend the Act passed in the thirty-sixth year of the Reign of King George the Third, chapter nine, commonly called the Road Act, be, and the same is hereby repealed. XXIV. That so much of the twenty-eighth section of the Act hereinbefore secondly cited, as provides that nothing in the said section contained, shall be construed to affect the County of Huntingdon, shall be, and is hereby repealed. Proviso of sect. 28 of 13 & 14 Vict. c. 24, repealed. XXV. That any person who shall wilfully contravene the provisions of this Act, or Penalties for contraany of the provisions of the Acts hereinbefore firstly and secondly recited, shall, for vening this Act or every such offence, whether of commission or omission, not specially provided for, be the Acts herein cited. liable to and incur a fine or penalty of not less than Twenty Shillings and not exceeding Fifty Shillings currency. XXVI. And be it declared and enacted, That notwithstanding any thing contained Interpretation clause, in the Acts above cited, the obligation on the part of Freehold Electors, under the said Acts, to pay their Assessment or Local Taxes, until the day of the Election, in order to entitle them to vote, shall only apply to Municipal Taxes imposed by the Municipal Councils themselves, and under the above cited Acts only. XXVII. And be it enacted, That that part of the Seigniory of Lauzon which is situated in the place or village of St. Catharines, in the County of Dorchester, in the District of Quebec, containing an extent of about two miles, along the River Chaudière from Fief St. Etienne, on the South-East, to the land of Charles Begin, on the North-West of the said Seigniory, by a depth of about five miles and a half, which said part is now united by a Canonical Decree to the Parish of St. Bernard, is hereby declared to be annexed to the said Parish of St. Bernard, and to form part thereof for all Municipal purposes, and shall hereafter be included within the limits of the Municipality of the County of Dorchester Number One, and be subject to the jurisdiction thereof, to all intents and purposes whatsoever. Certain portion of the Seigniory of Lauzon of St. Bernard, &c. annexed to the Parish recovered. XXVIII. And be it enacted, That all penalties imposed by this Act, shall be recovered Penalties, how to be in the manner provided by the Act hereinbefore firstly recited; And when in any case in which a penalty shall have been imposed by virtue of this Act, or of either of the Acts hereinbefore firstly and secondly recited, a Return shall be made by the Officer charged with the execution of a Distress Warrant, that the Defendant has not sufficient goods and chattels to meet the amount of fine and costs, the Justice of the Peace to whom such Return is made shall by his Warrant commit such Defendant to the Common Gaol or House of Correction for the District, for any period not exceeding two months. XXIX. And be it enacted, That it shall be the duty of the Provincial Secretary Special distribution of forthwith after the passing of this Act, to cause to be printed a sufficient number of this Act. copies of the same, together with such parts of the two Acts herein firstly and secondly recited, as are in force, and to cause them to be distributed to the Members of each Municipal Council, without waiting for the ordinary printing and distributing of the other Acts. XXX. And be it enacted, That this Act shall extend to Lower Canada only. CAP. XCIX. An Act to repeal a Proviso of the Act of the now last Session, amending the Lower W [30th August, 1851. ] Extent of this Act. HEREAS it is expedient to repeal the Proviso hereinafter mentioned, in so far Preamble. as regards the County of Huntingdon: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of 13 & 14 Vict c. 34, repealed, as regards tingdon. of Upper and Lower Canada, and for the Government of Canada, and it is hereby Proviso to sect. 28 of enacted by the authority of the same, That so much of the second Proviso to the twenty-eighth section of the Act passed in the Session held in the thirteenth and fourteenth years of Her Majesty's Reign, and intituled, An Act to amend the Municipal Law of Lower Canada, as provides that nothing in the said section contained shall be construed to affect the said County of Huntingdon, shall be and is hereby repealed, and the said section shall, after the passing of this Act, apply to the said County of Huntingdon, and to all other Counties in Lower Canada, except the County of St. Hyacinthe. Preamble. 13 & 14 Vict. c. 27. Inconsistent enactments repealed. 10 & 11 Vict, c. 7. Unlicensed persons not to sell spirituous 9 Vict. c. 2. CAP. C. An Act to make better provision for granting Licenses to Keepers of Taverns, and Dealers in Spirituous Liquors in Lower Canada, and for the more effectual repression of Intemperance. W [ 30th August, 1851. ] HEREAS the Act passed in the now last Session of the Provincial Parliament, intituled, An Act for the more effectual suppression of Intemperance, has been found defective; and whereas it is expedient that other provisions of law be made for the regulation of Taverns and other Places of Public Entertainment, and for the more effectual repression of Intemperance: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That the Act first cited in the Preamble to this Act, and the twenty-first clause of the thirty-third section of the Act passed in the Session of the said Parliament held in the tenth and eleventh years of Her Majesty's Reign, and intituled, An Act to make better provision for the establishment of Municipal Authorities in Lower Canada, and all Acts, Ordinances or Provisions of Law inconsistent with or repugnant to this Act, shall be and the same are hereby repealed, except as to licenses issued and penalties already incurred under and by virtue of any such Acts or Ordinances, but no Act or Ordinance thereby repealed shall revive. II. And be it enacted, That except Distillers duly licensed under the provisions of the Act passed in the ninth year of the reign of Her Majesty, intituled, An Act to liquors in small quan- repeal certain Acts therein mentioned, and to impose a Duty on Distillers and on the spirituous liquors made by them, and to provide for the collection of such Duties, who are and shall be hereby empowered, as such Licensed Distillers, to sell in the same quantities as Storekeepers or Merchants who may be duly licensed under this Act to sell spirituous liquors, no person shall sell or retail brandy, rum, whiskey or other spirituous liquors, wine, ale, beer, porter, cider or other vinous or fermented liquors, in a less quantity than three gallons at any one time, nor shall any person keep any Inn, Tavern, Temperance Hotel or other House of Public Entertainment for the reception of travellers and others, without a license as hereinafter provided for. III. And be it enacted, That over and above such duty as may in any of the cases hereinafter mentioned, be payable under the authority of an Act passed in the Parliament of Great Britain and Ireland, in the fourteenth year of the reign of His late Imp. Act, 14 Geo. 3. Majesty King George the Third, intituled, An Act to establish a fund towards further defraying the charges of the Administration of Justice and support of the Civil Government within the Province of Quebec, in America, there shall be paid by every person who shall take out a License for keeping a House or any other place of Public Entertainment, or for the retailing of brandy, rum, whiskey or other spirituous liquors, or wine, ale, beer, porter, cider or other vinous or fermented liquors, the Duty on licenses for different purposes. c. 88. following following duty or duties respectively, that is to say: for every license to keep an Inn, Tavern or other House or Place of Public Entertainment, and for retailing brandy, rum, whiskey or other spirituous liquors, wine, ale, beer, porter, cider or other vinous or fermented liquors, the sum of Five Pounds current money of this Province; 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, whiskey or other spirituous liquors, the sum of Two Pounds Ten Shillings currency; for every license to keep a "Temperance Hotel" for the reception of travellers and others, but not for retailing brandy, rum, whiskey or other spirituous liquors, nor wine, ale, beer, porter, cider or other vinous or fermented liquors, the sum of One Pound currency; for every license to vend or retail in any store or shop, brandy, rum, whiskey 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, the sum of Three Pounds currency; for every license to retail on board any Steamboat or other Vessel, brandy, rum, whiskey or other spirituous liquors, wine, ale, beer, porter, cider or other vinous or fermented liquors, the sum of Five Pounds; and 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, whiskey or other spirituous liquors, the sum of Two Pounds Ten Shillings; and whenever the Act of the Imperial Parliament hereinbefore mentioned shall To be over and above be repealed, the duty thereby imposed shall nevertheless continue in force by virtue Imperial duty. of this Act, as if herein re-enacted: Provided always, that any person who may be desirous of taking out a license under this Act for the remainder of the year, ending on the first day of May, one thousand eight hundred and fifty-two, shall be at liberty to do so, on paying to the Revenue Inspector one half the amount to be paid for one whole year, and on first obtaining a Certificate as hereinafter provided in the case of licenses for a whole year, and on complying with the requirements for a license hereinafter mentioned. shall be issued, IV. And be it enacted, That the licenses before mentioned shall be granted under By whom licenses the authority of the Governor of this Province, and the duties thereon shall be paid to, and the licenses shall be issued by the Revenue Inspector or Inspectors in the District in which such Houses or Places of Public Entertainment, Stores or Shops shall be situate, and for Steamboats and other Vessels as hereinafter provided, or by such other person, persons or authority only as the Governor may appoint; any law, usage or custom to the contrary notwithstanding. V. And be it enacted, That no license shall be granted to any person for keeping an Inn, Tavern, Temperance Hotel or other House or Place of Public Entertainment in any part of Lower Canada, unless the person applying for the same shall produce to the Revenue Inspector, a Certificate signed by fifty Municipal Electors, of the parish, township or town, or of the ward of the city, in which such House of Entertainment is situated, and approved after due deliberation by the Municipal Council or Corporation of the County or Division of the County, or of the Incorporated City, Town or Village within the limits of which such Inn, Tavern, Temperance Hotel or other House or Place of Public Entertainment is intended to be kept, in the form expressed in Schedule (B) annexed to this Act, and signed by the Mayor and Secretary of such Council or Corporation. VI. And be it enacted, That if on the day appointed for holding a meeting of a Municipal Council there be no quorum present, any Certificate in the form (B) by this Act prescribed, submitted to such Council for confirmation on such day, may confirmed by the Mayor of such Municipal Council and two Justices of the Peace not being Municipal Councillors, residing in the County where the house for which such Certificate is granted, is situate; and in case of a vacancy in the office of Mayor, by any three such Justices of the Peace, and such Council or such Mayor and Justices, or such Justices, as the case may be, may refuse to confirm any such Certificate, if they see fit so to do. By whom the certificate required before may be granted. a license can issue, Provision in case Municipal Council, &c. be there is no quorum of 253 VII. What shall be set VII. And be it enacted, That every such Certificate shall set forth that the Applicant forth in the certificate: is a subject of Her Majesty,-that he is personally known to the signers thereof,-that Bond to be given by person obtaining li cense. Penalty on persons selling liquors without license. Inn, &c. he is honest, sober and of good repute,-and is a fit and proper person to keep a House of Public Entertainment; and every such Certificate shall also state, if it refer to country parts, that a House of Public Entertainment is required at the place where it is intended to be kept, and that the house for which a license is required contains the accommodation required by this Act; and such Certificate shall be accompanied by an Affidavit from the person applying for the same, that he is duly qualified according to law to obtain such license, which Affidavit shall be in the form (A) annexed to this Act. VIII. And be it enacted, That before any license shall be granted for keeping an Inn, Tavern, Temperance Hotel, or any House or Place of Public Entertainment, the person applying for the same shall enter into a Bond to Her Majesty, in the sum of Fifty Pounds currency, with two good and sufficient Sureties in the sum of Twenty-five Pounds each, conditioned for the payment of all fines and penalties such person may be condemned to pay for any offence against the provisions of this Act, or of any Act, Ordinance or provision of law, relative to Houses of Public Entertainment now or hereafter to be in force, and to do, perform and observe all the requirements thereof, and to conform to all Rules and Regulations that may be established by competent authority in such behalf; and such Bond, to be drawn in the form expressed in the Schedule (C) annexed to this Act, shall be executed in the presence of, and the Sureties shall be approved of by one or more of the Municipal Councillors or Justices granting the Certificate, which Bond, with the Certificate and Affidavit required by this Act, shall be filed in the office of the Revenue Inspector. IX. And be it enacted, That if any person shal! keep an Inn, Tavern, Temperance Hotel, or any other House or Place of Public Entertainment, or shall sell, vend or barter by retail, brandy, rum, whiskey, or other spirituous liquors, wine, ale, beer, porter, cider or other vinous or fermented liquors, or shall cause or suffer the same or any of the same to be sold, vended or bartered by retail in his house or premises, or in any boat, barge, craft or other construction floating on or moored in any river, lake or stream, or in any house, shanty, hut, or other building erected upon any frozen water, without the license required by the provisions of this Act, or according to its true intent and meaning, such person shall be liable to a penalty of Twelve Pounds Ten Shillings for every such offence; and any person who shall knowingly purchase any spirituous, vinous or fermented liquor in any quantity less than three gallons at any one time, from any person not being duly licensed to retail the same, shall be liable to a penalty of Two Pounds Ten Shillings for every such offence, unless he give information of such purchase to the District Revenue Inspector within forty-eight hours thereof. What accommodation X. And be it enacted, That every licensed Inn or Tavern, Temperance Hotel or must be kept at every House of Public Entertainment, situated in Villages and country parts, shall contain at least three rooms, with at least one good bed in each, for the accommodation of travellers, in addition to those used by the family; and the Keeper of every such Inn, Tavern, Temperance Hotel, or other House of Public Entertainment shall have a stable adjacent or attached to such house, with convenient stalls for at least four horses, and the Keeper of such house shall be constanly supplied with a sufficient quantity of provisions, and of hay and oats, for travellers and their cattle, and in default of any one or more of the foregoing requirements, the Keeper of such house shall be liable to a penalty of Five Pounds. Penalty. Sign to be kept up by persons licensed to keep Inns, &c. XI. And be it enacted, That the Keeper of every licensed Inn, Tavern, Temperance Hotel or other House or Place of Public Entertainment, shall at all times, on demand, exhibit his license to the Revenue Inspector, his Deputy or Deputies, hereinafter authorized to be employed, and shall cause the same to be constantly exposed to public view in the Bar-room in a conspicuous place and manner to the satisfaction of the Revenue Inspector, and shall also cause to be painted in legible characters of not less than three inches in height, and of proportionate width, immediately over the door of such house, his name at full length, with the following words in addition, as the case case may be: "LICENSED TO RETAIL SPIRITUOUS LIQUORS," "LICENSED TO RETAIL XII. And be it enacted, That the Keeper of every licensed Inn, Tavern, Temperance Keepers of Inns to Hotel, or other House or Place of Public Entertainment, shall keep a peaceable, decent keep orderly houses, and orderly house, and shall not knowingly suffer any person resorting to his, her or their house to play any game whatsoever at which money or any thing which can be valued in money shall be lost or won, nor shall the Keeper of any house licensed to retail spirituous liquors, or ale or vinous and fermented liquors, be at liberty to keep a Bar or Bars in more than one house, or to vend at any time any such liquors to any intoxicated person, or on Sundays to any person whomsoever, except sick persons or travellers, nor to any soldier, seaman, apprentice or servant, knowing him to be such, on any day after eight o'clock in the afternoon in winter, and nine o'clock in the afternoon in summer, under a penalty of Five Pounds for each offence. XIII. And be it enacted, That no person holding a license to keep an Inn, Tavern, Temperance Hotel, or other House of Public Entertainment, shall refuse to receive and accommodate any traveller without just cause, under a penalty of Five Pounds for each offence. XIV. And be it enacted, That if any person not being duly licensed under the provisions of this Act, expose or cause or suffer to be exposed in, on or near his house or premises any sign, painting, printing or writing of a description or character to induce travellers or others to believe or suppose such house to be a duly licensed House or Place of Public Entertainment, or that spirituous liquors or vinous or fermented liquors are sold, vended or bartered by retail therein, such person shall be liable to a penalty of Five Pounds for each such offence. Penalty. Penalty for refusing to receive travellers, Penalty on persons not licensed putting up signs, &c. XV. And be it enacted, That for every license issued under the provisions of this Fee on licenses. Act, there shall be paid to the Revenue Inspector, issuing the same, a Fee of Five Shillings, by the person to whom it shall be issued. Duration of licenses, Persons dying, &c. during time Proviso. XVI. And be it enacted, That the licenses issued under the provisions of this Act, shall expire on the first day of the month of May in each and every year. XVII. And be it enacted, That in case any person licensed under this Act shall die before the expiration of his license, or shall remove from his house, such person, his heirs, executors, administrators or assigns may transfer such license to any other person, who, under such transfer, may exercise the rights granted by such license, until the expiration thereof, in the house and premises for or in respect of which such license was granted, but in no other place: Provided that the person in whose favor such transfer is made shall produce to the Revenue Inspector a Certificate, and enter into a Bond, with Sureties such as was required of the original holder of such license; such transfer being endorsed on the license by the Revenue Inspector: Provided also, Proviso. that if such transfer be not executed within three months after the death or removal of the original holder of the license, the said license shall be null and void. XVIII. And be it enacted, That no Revenue Inspector shall issue any license under the provisions of this Act, after the expiration of thirty days from the date of such Certificate, if obtained on or after the first day of May in any year, nor after the thirtieth day of May, if such Certificate is obtained before the first day of the said month of May; and any such Certificate upon which no license shall have been taken out within the period hereby prescribed, shall become unavailable, void and of no effect. Revenue Inspector not to issue licenses in certain cases. facilitated. XIX. And be it enacted, That it shall not be necessary, in any suit or action Proof in prosecution instituted under the authority of this Act, to prove the precise day specified in such action or suit as the day on which the offense is alleged to have been committed, to 253 * obtain |