Certificate required from 849. This transfer has its effect, only if the transferee and security thereof, in case the house in question be situated in the transferee. Organized territory, deliver the certificate to the collector of provincial revenue, and give the security which the licensee was himself obliged to give, and, in the cities of Quebec and Duty exigible. Montreal, pay the excess of duty which may be exigible in consequence of the difference of the rent or annual value, between the house occupied by the original licensee, and the one occupied by the transferee. Endorsement. Delay limited. By whom certificate cannot be signed. Penalty for The transfer shall be written on the back of such license by the collector of provincial revenue, and the transferee shall comply with all the formalities which were incumbent on the original applicant. The transfer shall be so made within three months from the death of the licensee or from his abandonment of his house, failing which the license is of no avail. 41 V., c. 3, s. 41; 46 V., c. 6, s. 1. 850. No municipal councillor, being, at the same time, a brewer, distiller, or dealer in intoxicating liquors, or proprietor of a house of public entertainment, shall sign the certificate mentioned in article 835, under a penalty of twenty dollars for each contravention. 41 V., c. 3, s. 42. 851. No person shall, knowingly, sign such certificate, unsigning when less duly qualified to do so, under a penalty of twenty dollars not qualified. for each contravention. 41 V., c. 3, s. 43. License in non-organiz 852. To obtain a license for an inn, in non-organized terried territory. tory, it is only necessary to give previously, in the presence of the collector of provincial revenue, the security required by articles 846 and 847. Applications The application for such licenses must however be first subto be trans- mitted to the Provincial Treasurer, and are subject to his Treasurer. approval. 41 V., c. 3, s. 44; 43-44 V., c. 11, s. 11; 46 V., c. 6, mitted to Grocers, &c., in cities. Certificates for restau s. 1. 853. None of the licenses herein before mentioned shall be granted to a grocer, or person keeping a shop or store for the sale of groceries, provisions, sweetmeats or fruits, in any city. 41 V.. c. 3, s. 45; 43-44 V., c. 11, s. 12. $ 7.-Restaurant Licenses. 854. The conditions and formalities imposed, relating to the certificates required to obtain a license for an inn, apply, rant licenses. mutatis mutandis, to restaurant licenses, including the provisions established for the cities of Quebec and Montreal. 43-44 V., c. 11, s. 13. § 8.-Steamboat Bar and Temperance Hotel Licenses. 855. Steamboat bar and temperance hotel licenses are Steamboat granted simply upon payment to the proper collector of pro- bars and vincial revenue of the required duties and fees. 41 V., c. 3, s. hotels. 47: 46 V., c. 6, s. 1. § 9.-Liquor Shop and Club Licenses. I. LIQUOR SHOP LICENSES. temperance 856. The conditions and formalities relative to the certifi- Certificates cates and security required to obtain an inn license are in like for retail liquor manner applicable, mutatis mutundis, to the obtaining of licenses. licenses for the sale, by retail, of intoxicating liquors in shops, including the provisions enacted for the cities of Quebec and Montreal, except that the number of electors required upon the Proviso. certificate shall be limited to twenty-five. 51-52 V., c. 10, s. 7. II.-CLUB HOUSES. towns. 857. Licenses for the sale of intoxicating liquors in clubs, In cities and in cities and incorporated towns and in the banlieue of Quebec, incorporated are granted simply upon payment, to the proper collector of provincial revenue, of the required duties and fees. 2. The conditions and formalities imposed relative to the cer- In other mu tificates required to obtain a license for the sale by retail of nicipalities. intoxicating liquors in shops are applicable, mutatis mutandis, to the certificates required for the sale of intoxicating liquors in clubs in municipalities other than those of cities and incorporated towns. 50 V., c. 3, s. 5. § 10.-Licenses of Railway Buffets and of Taverns at the Mines. buffets. 858. Upon a petition presented by any railway company, Licenses for the Lieutenant-Governor in Council may authorize the col- railway lector of provincial revenue, to whom it appertains, to deliver to the person indicated a license to sell intoxicating liquors, at the railway station therein mentioned, to travellers upon such railway, but to none others. 41 V., c. 3, s. 49. such licenses 859. With the exception of the provisions contained in Provisions articles from 835 to 852, and also the provisions hereinafter applicable to mentioned, relative to the accommodation which must be provided for travellers by the master of an inn, to the prohibition to sell intoxicating liquors, to keeping the bar closed during certain days and certain hours, also to the obligation to receive and accommodate travellers, the other provisions of this section shall apply, mutatis mutandis, to licenses of railway buffets, in so far as they are not incompatible with such licenses. One person only shall be licensed for each station. 41 V., c, 3, s. 49. Case of prohi by municipal council. § 11.-General Restrictions. 860. Whenever a municipal by-law shall have been passed bition of sale and confirmed as by law required, prohibiting the sale of intoxicating liquors within the limits of its jurisdiction, and a copy of such by-law has been transmitted to the collector of provincial revenue entitled to the same, the collector of provincial revenue is forbidden to issue any of the licenses herein before mentioned for the sale of such liquors, excepting steamboat bar licenses and licenses of railway buffets, such licenses not being affected by the present restriction. Permission to cal purposes. Notwithstanding the quashing, by judgment of a court of justice, of such a by-law, the collector of provincial revenue shall not grant any of such licenses, within two months from the rendering of such judgment, unless such judgment is final. 41 V., c. 3, s. 51; 46 V., c. 6, s. 1. 861. In municipalities, in which there exists a by-law prosell for medi-hibiting the sale of intoxicating liquors, or where there is no person licensed to retail spirituous liquors, the sale of such liquors is permitted by the person licensed for that purpose, as provided in article 864, for medicinal purposes only, or for use in divine worship, on the certificate of a physician or of a clergyman, and not otherwise. 43-44 V., c. 11, s. 15 § a; 50 V., c. 4, s. 1. Granting of certificate. Quantity to be sold. Resolution as art 861. 862. Such certificate can be given by a physician, only to a patient under his immediate care, or by a clergyman, only to a person whose spiritual adviser he is, bonâ fide, under penalty of a fine of thirty dollars for each contravention of this provision. 43-44 V., c. 11, s. 15 § b; 50 V., c. 4, s. 2. 863. Not more than three half pints, imperial measure, shall, at any one time, be sold in virtue of such certificate, and no liquor, so sold, shall be allowed to be drunk on the premises, under a penalty of forty dollars for each contravention. 4344 V., c. 11, s. 15 § c; 50 V., c. 4, s. 3. 864. The sale of intoxicating liquor, in the case mentioned to sale under in article 861, is confined to one person in each municipality; such person to be appointed for that purpose by a resolution of the municipal council, a certified copy of which must be deposited with the collector of provincial revenue of the district, who, on receipt thereof and of the license duties as hereinafter provided, shall issue to the person named in such resolution a license to sell for medicinal purposes, or for use in divine worship only. 43-44 V., c. 11, s. 15 § d; 46 V., c. 6, s. 1. Report to be made. 865. The person, so licensed, is bound to make a report, to the collector of provincial revenue, sworn to before a justice of the peace on the first of every month, showing the names of the persons to whom he has sold liquor during the previous month, the quantity sold in each case, and upon whose certificate the sale was made; which certificate shall accompany the report. contraven The violation of any of the provisions of this article shall Penalty for subject the person, so contravening, to a penalty of twenty tion. dollars for each contravention. 43-44 V., c. 11, s. 15 §e; 46 V., c. 6, s. 1. § 12.-Auctioneers' Licenses. auctioneer's 866. Previous to the issue of any auctioneer's license, every Security on individual desirous of obtaining one must become personally obtaining an bound towards the Provincial Treasurer, with two sufficient license. sureties taken before the collector of provincial revenue, or before some person by him thereto authorized, in an amount of which the maximum is two thousand dollars and the minimum five hundred dollars for each, in the discretion of such collector, to guarantee the payment of all moneys for duties, which the applicant for license shall or ought to receive, and for the faithful execution of the obligations imposed upon him by this section. 41 V., c. 3, s. 52; 46 V., c. 6, s. 1. 867. Such security bond shall be in duplicate, whereof one Bond how duplicate shall be transmitted to the Treasurer, and the other made, &c. shall be retained in the archives of the revenue office. Each surety shall justify on oath his sufficiency before the Surety to officer receiving such bond. 41 V., c. 3, s. 52. § 13.-Pawnbrokers' Licenses. justify on oath. relative to 868. The issue of a pawnbroker's license by a collector of Formalities provincial revenue requires no other formality than the pay- pawnbrokers' ment of the duty; and persons carrying on the business of licenses. pawnbroking in co-partnership, in one and the same house, shop or place of business, require but one license. 41 V., c. 3, &. 53; 46 V., c. 6, s. 1. § 14.-Pedlars' Licenses. licenses. 869. Every pedlar is obliged to take out a license from the Pedlars' proper collector of provincial revenue, without the observance of any other formality than the payment of the duty; but the necessity of obtaining such license has not the effect of preventing a licensed pedlar from employing a servant to assist Servant. him in carrying about his bales of goods or merchandise without being obliged to take out a second license for such servant. 41 V., c. 3, s. 54; 46 V., c. 6, s. 1. which a 870. No enactment of this section obliges a pedlar to take Cases in out a license, nor does it apply to persons employed by a temper- license is not ance society, or by a benevolent or religious society in this required. Places where a ferry license is required. Vessels excepted. Privileges protected. Duration of licenses. Province, for the purpose of peddling and selling temperance tracts and other moral and religious publications under the direction of such society. 2. No person is obliged to take out a license to peddle and sell: Acts of the Legislature ; Prayer books and catechisms; Proclamations, gazettes, almanacs or other documents Fish, fruit and victuals; Goods, wares and manufactures, when they are peddled and sold by the actual maker or worker, he being a British subject and a resident of this Province, or by his children, apprentices, agents or servants, excepting always drugs, medicines and patent remedies. 3. Nor does this section compel the following persons to take a pedlar's license: Tinkers, coopers, glaziers, harness repairers, or other persons carrying on the trade of repairing kettles, casks, household furniture and utensils, to go along the highway and carry on their business; Or hucksters, or persons having stalls or stands on markets, in cities or towns, for the sale of fish, fruit or victuals, or goods, wares and merchandise, in such stalls or stands, on their complying with the police regulations of the locality. 41 V., c. 3, s. 55. § 15. Ferry Licenses. 871. No license is required to carry on the vocation of ferryman between the banks of the river St. Lawrence, except between the city of Montreal and the town of Longueuil, between the said city and Laprairie, and between Lachine and Caughnawaga, at the places and limits indicated in the license by the collector of provincial revenue, 41 V., c. 3, s. 56; 46 V., c. 6, s. 1 872. No provision of this section applies to the proprietors or masters of any vessel, plying between two ports of this Province, or regularly entered or cleared by the officers of Her Majesty's customs at any such ports, or in any way affects any privilege granted by the Legislature of the late Province of Lower Canada, of the late Province of Canada, or of this Province, to the proprietors of any bridge, or to any railway company, or other road company. 41 V., c. 3, s. 57. 873. No license for a ferry can be granted for a period exceeding twelve months, unless it be by public competition, and to persons who give the security required by the Lieutenant-Governor in Council, after notice inserted at least four |