certain person. Penalty for contravention of such notice. Persons pur for an habitual drunkard liable to The manager or person in charge of any asylum, hospital, or other charitable institution, in which such person resides or is kept, The curator of any interdicted person, The father, mother, brother or sister of the husband or wife of such interdicted person, or The tutor or curator of any child of such interdicted person, May give notice in writing, signed by him or her, to any person licensed to sell intoxicating liquors, or who habitually sells such liquors, not to sell or deliver the same to the person having such habit or to such interdicted person. 41 V., c. 3, s. 95. 929. If, in the course of one year from the date of such notification, the person thus notified, either personally, or by his clerk, servant or agent, sell or deliver such liquors otherwise than on a special demand, for medicinal purposes, signed by a medical practitioner, to the person having such habit, or to such interdicted person, the person who had given the notice may, by an action for personal damages, (if the same be instituted within six months of the commission of the offence), recover from the defendant the sum of not less than ten dollars or more than five hundred dollars, as it shall be adjudged by the court or jury, as damages. 41 V., c. 3, s. 96. 930. Every person, whether a minor or of the age of chasing liquor majority, who purchases, from any person licensed under this law or unlicensed, intoxicating liquors for a person reputed to be an habitual drunkard, is liable for each such offence to a penalty not exceeding fifty dollars or an imprisonment not exceeding three months in default of payment. 48 V., c. 8, s. 1. certain fine. Married 931. Every married woman may, notwithstanding article woman may 176 of the Civil Code, institute such an action in her own name without the authorization of her husband. institute action. Right of ac ing to representatives. Identity of All damages recovered by her are, in such cases, for her sole use. 41 V., c. 3, s. 97. 932. In the case of death of either of the parties to the suit, tion belong provided that the identity of the person, to whom the liquor is sold, be known to the seller at the time of such sale or delivery, the action and the right of action, given by the three precedquired to be ing articles, subsist in favor of or against their legal representatives respectively. 41 V., c. 3, s. 98. the person re known. Suicide or death of a drunken per son. 933. The master of an inn, restaurant or any other house, where intoxicating liquors are sold, and every person employed by him in the establishment, are severally liable to an action of damages, towards the representatives of a person, who shall have become intoxicated there by means of liquors delivered to him, by the said master or employee, and who, by reason of his drunkenness, shall have committed suicide, or died from some accident occasioned by such intoxication. 41 V., c. 3, s. 99. 934. This right of action, which lasts but for three months Right of from the date of death, may be joint and several, or distinct and action for damages and separate, against each of the individuals so responsible; and interest: dethe representatives of the person deceased may recover a sum lay; action of not less than one hundred dollars, and not exceeding one and several. may be joint thousand dollars, under such action for damages, if any sum be adjudged to them by the court or jury. 41 V., c. 3, s. 100. caused by a 935. If a person in a state of intoxication commit an assault, Assault or or damage any property, the person who shall have delivered damages the liquor causing such intoxication, in contravention of this drunken persection or any other law, is subject, as regards the person injured, to the same civil action of damages as he who committed the assault or damaged the property. The responsibility is joint and several. 41 V., c. 3, s. 101. son. license. 936. If a licensee to sell intoxicating liquors or to keep a Revocation of temperance hotel be condemned for a contravention of this certificate for section or be convicted of felony, the court pronouncing the sentence may revoke the certificate by virtue of which he obtained his license. 41 V., c. 3, s. 102; 43-44 V., c. 11, s. 30. 937. When the collector of provincial revenue has been in- License beformed of such revocation by the court or by the clerk of comes nuli. the court, he shall notify the licensee of such revocation, and, thereupon, his license becomes null and void. 41 V., c. 3, s. 103; 43-44 V., c. 11, s. 31; 46 V., c. 6, s. 1. 938. If the licensee, who has received regular notice of such Penalty revocation and annulment of the license, continue to keep the after notice. house or shop authorized by such license, and to sell intoxicating liquors therein, he becomes liable to the fines and penalties imposed by this section on persons who keep such houses, or sell such liquors, without a license. 41 V., c. 3, s. 104. 939. Every payment in money, or in objects having a Payment in pecuniary value, for intoxicating liquors, furnished in con- money held to be illegal. travention of this section, is held to have been made without consideration and against law. 41 V., c. 3, s. 105. thereof. 940. The amount of such payment may be recovered from Re-payment the receiver thereof by the party who made such payment, or of the amount by his wife without the authorization of her husband, and by his father or his tutor, if he be a minor; and all contracts and obligations whatever, in whole or in part, made and entered into, for and by reason of such furnishing of such liquors in violation of the law, are null; saving the rights of third parties. 41 V., c. 3, s. 106. 941. No action can be maintained for or by reason of the No action for sale of liquors furnished in contravention of this section. price of illegal sale. Power of po licemen, etc., to search for liquors. Seizure of li sels found. This article does not affect the provisions of article 1481 of the Civil Code. 41 V., c. 3. s. 107. 942. Every policeman, constable or other person thereto authorized in writing by a collector of provincial revenue, a justice of the peace, a judge of the sessions of the peace, a police magistrate or recorder, may enter any unlicensed place frequented by the public, when there is reason to suspect that intoxicating liquors are exposed for sale, and search therefor, and open, with every necessary assistance, and even forcibly upon refusal so to do, all cupboards and receptacles in which he thinks such liquors are concealed. If such are discovered, he shall take and carry away such quor and ves- intoxicating liquors and the vessels containing the same, and shall place them in the care and possession of the collector of provincial revenue for the district, to await the judgment of the court respecting them. 50 V., c. 3, s. 13. What sales auctioneer. V.-OBLIGATIONS IMPOSED UPON AUCTIONEERS, AND PENALTIES FOR CONTRAVENTIONS. 943. With the exception of the immoveable and moveable shall be made property of the Crown, of real and personal property sold by by a licensed authority of justice, or through confiscation, of the immoveable and moveable property appertaining to any dissolution of community, or to any church, or which are sold at any bazaar held for religious or charitable purposes, or sold for religious purposes, or which are sold in payment of municipal taxes under the Municipal Code, or any other law regulating municipalities ; With the exception likewise of the immoveable and moveable property, grain and cattle sold for non-commercial purposes by the inhabitants of the rural districts, removing from the locality, and the goods of minors sold by forced or voluntary licitation; With the exception likewise of the sales during exhibitions of farm animals exhibited by agricultural societies; Duty on such sales. Sale of in solvent es All goods and effects and moveable and immoveable property, wares, merchandise and stocks in trade, sold by auction and outcry in this Province, and adjudged to the highest and last bidder therefor, shall be sold by a licensed auctioneer. Such sales by auction are subject to a duty of one per cent. on the amount thereof, which duty shall be paid by the auctioneer, to the collector of provincial revenue, out of the proceeds of the sale, at the cost of the seller, unless an express stipulation be made, in the conditions of sale, that such duty shall be paid by the buyer, in which case the duty is added to the price. 41 V., c. 3, s. 109; 46 V., c. 6, s. 1; 48 V., c. 7, s. 1 §. 944. Moveable property, wares, merchandise, stocks in trade and assets comprising insolvent estates sold by auction tates remain under the laws on insolvency, remain chargeable with the duty with the duty of one per cent. herein before imposed, notwithstanding that the chargeable same may be sold otherwise than by a licensed auctioneer V., c. 3, s. 110. 41 of one per cent. without 945. Whosoever, not being an auctioneer duly licensed as Penalty for required by the present section (such license being at the time auction sale in force), sells, by public auction and by outery, in this Pro- license. vince, any property, immoveable or moveable, effects, merchandise and stocks in trade, subject to auction duty, excepting such moveable property, effects, merchandise and insolvent's stock, mentioned in the preceding article, and whosoever causes such sale, whether he be proprietor or not of the property so sold, in violation of the terms of this article, incur a penalty, for each contravention thereof, at the maximum, of the sum of one hundred dollars, and, at the minimum, of fifty dollars, in the discretion of the court pronouncing the same. out license. Any person who shall advertise any property for sale by Penalty upon him at auction over his signature, or who shall allow his name auctioneer to be used in any newspaper, hand-bill, poster or other mode selling property by of advertising property for sale without first having procured auction witha license as an auctioneer, shall incur and be liable to a penalty of fifty dollars for each such offence, which may be recovered by the collector of provincial revenue of the district, in the same manner as provided for other offences against this section; one half of said penalty shall be paid into the provincial treasury and the remaining half to the collector of provincial revenue. 41 V., c. 3, s. 111; 43-44 V., c. 11, s. 33; 46 V., c. 6, s. 1. 946. Such person, selling without license, shall pay the The duties duties on such sale, in the same manner, as if the sale had been moreover shall be paid. under a license. In addition to the penalty aforesaid, whosoever, without Other such license, makes a sale so prohibited, and who, within the penalty. thirty days following such sale, neglects to pay to the collector of provincial revenue or to his agent the amount of the duty on such sale, incurs a fine of twenty dollars for each day of such neglect. 41 V., c. 3, s. 112; 46 V., c. 6, s. 1. 947. The amount of such duty and of such penalty may be Recovery of recovered by the collector of provincial revenue, by the same the duty. prosecution, and, in default of payment of the amount in principal and costs, the contravening person is liable to an im- Imprisonprisonment of not more than three months and not less than ment. one month, in the discretion of the court rendering the judg quired. 948. Every auctioneer shall, under a penalty of twenty Book for dollars, keep in a book, preserved for that purpose, a detailed auctions restatement, in the form prescribed by the Provincial Treasurer, of all sales made by him, and give to the said Treasurer all information by him required from time to time. 41 V., c. 3, s. 114. Access to the book. When the auctioneer shall pay duties re ceived. Statement the 949. The collector of provincial revenue, his deputy, and every person authorized to that effect, by the Provincial Treasurer, shall have, at all times, access to such book, for its examination; and every auctioneer, refusing to allow such examin ation, incurs a penalty of fifty dollars for each contravention 41 V., c. 3, s. 115; 46 V., c. 6, s. 1. 950. Within the first ten days of each of the months of February, May, August and November of each year, every licensed auctioneer shall pay to the collector of provincia revenue or to his deputy the amount of duties levied on the sales by him made, and not paid over. He shall also furnish to the collector of provincial reveand report re- nue, or his deputy, a full return, with a report in detail, signed quired. by himself or his assistant, chief clerk, agent or partner stating the quantity of all moveable and immoveable property, effects, merchandise and stocks in trade, subject to duty, which he has sold during the period not comprised in his last return, stating the amount of the sales of each day and the total amount of the sales made for each person, firm or estate. Oath. Question. Penalty for not paying auction duty. Recovering of duties. License revoked. If no sales have been made by such licensed auctioneer during said period, the same shall be mentioned in his return. Such return shall, in both cases, be attested, under the oath or affirmation of the person making the same. 41 V., c. 3, s. 116; 46 V., c. 6, s. 1. 951. The collector of provincial revenue, or his deputy, may receive such oath or affirmation, and may put to the person making the same all such questions as he may think fit, to which questions the deponent or affirmant shall make answer, under the sanction of the same oath or affirmation. 41 V., c. 3, s. 117; 46 V., c. 6, s. 1. 952. Every auctioneer and every person who sells by auction goods charged with the duty of one per cent. but which goods may be sold by a person other than an auctioneer, who neglects to pay the amount of the duties, and to make the return aforesaid, in the required form, incurs a penalty of twenty dollars for each day he neglects so to do. 41 V., c. 3, s. 118. 953. The amount of duties received, and not paid over, may be recovered with costs, in the same prosecution as that for the penalties. The person, so in default, becomes liable to have his license declared forfeited, and such license, from the day a notice, to that effect, is inserted by the collector of provincial revenue in the Quebec Official Gazette, is revoked, null and void, and no new license can be granted to such defaulter, until entire payment be made of the amount due in principal and costs. 41 V., c. 3, s. 119; 46 V., c. 6, s. 1. |