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Limiting number

ses, etc.

municipality, of such liquors in shops or places other than taverns, inns, ale-houses, beer-houses or places of public entertainment; (q.)

2. For limiting the number of tavern and shop licenses of licen- respectively, and for defining the respective times and localities within which and the persons to whom such limited number may be issued within the year, from the 1st day of May of one year till the 30th day of April inclusive of the next year. (r.) R. S. O. 1877, c. 181, s. 4 (1, 2).

laws in contravention of them are void. "The true test of all by-laws is the intention of the Crown in granting the charter, and the apparent good of the Corporation." R. v. Spencer, 3 Burr 1838. See Angell & Ames on Corporations, 345; see also R. v. Miller, 6 T. R., 277; R. v. Barber Surgeons, 1 Ld. Ray'd 584; State v. Bruder, 38 Mo., 450; Thompson v. Carroll, 22 How., 422; Andrews v. Insurance Co., 37 Maine, 256; In re Bell v. The Cor.of Manvers, 3 C.P. 399. And as in the case of the exercise of other discretionary powers conferred by the Statute, "should be exercised according to the rules of reason and justice, not private opinion; according to law and not humour; it is not to be arbitrary, vague and fanciful, but legal and regular. And it must be exercised within the limits, to which an honest man, competent to the discharge of his office, ought to confine himself, that is within the limits and for the objects intended by the Legislature:" Maxwell on Stat. 101; Sharp v. Wakefield, 22 Q. B. D., 239, affirmed on appeal, W. N. (1891), 60.

As to the meaning of the word "regulations," see In re Snell and the Cor. of Belleville, 30 U. C. R., 81; Ross v The Cor. of York and Peel, 14 C. P., 171; re Brodie v. The Cor. of Bowmanville, 38 U. C. R., 580.

All such by-laws must also be in accord with the common or statute law of the country. "All by-laws must ever be subject to the general law of the Realm, and subordinate to it :" Norris v. Staps, Hob. 210, cited in Harrison's Mun. Man., 213.

The 32 Vic., c. 32, s. 6, (O.) provided that the Police Commissioners should have power to pass by-laws "regulating" licensed taverns. A by-law under it providing that the bar-room should be closed and unoccupied, except by members of the keeper's family or his employees, and should have no light therein, except the natural light of day, during the time prohibited by the by-law, was held to be unauthorized and a conviction under it was quashed: per Morrison, J., R. v. Belmont, 35 U. C. R., 298. (See Sec. 54.)

(q) See secs. 27, 28 and 29, and notes thereto.

(r) By Sec. 18, the maximum number of licenses to be issued in each municipality is fixed. The Commissioners may limit the number to less than that prescribed by that section, but they cannot exceed it. See notes to that section. A by-law of a town passed under 39 Vic., c. 26, sec. 2, sub-s. 3, (0.) limiting the number of shop licenses to be issued in the town to one, and directing the holder of such license to confine the business of his shop exclusively to the keeping and selling of liquor: Held bad as being in effect, prohibiting and creating a monopoly: In re Brodie v. The Town of Bowmanville, 38 U. C. R., 580. It is not, as a general rule, intended that Municipal Councils and License Commissioners should have concurrent powers, and it was held that a by law of the town, providing for the closing of licensed houses during certain hours, and that the holder of a license should not sell intoxicating liquor at any other than the house for which he had received a license, except that in case

tion from

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3. For declaring that in cities having a population accord- Exemping to the then last Dominion census of less than fifteen having thousand, a number not exceeding three persons; a popu- modation. lation of between fifteen thousand and thirty thousand, a number not exceeding five persons; a population of over thirty thousand, a number not exceeding ten persons; and in towns having a population of over six thousand, a number not exceeding two persons qualified to have a tavern license, may be exempted from the necessity of having all the tavern accommodation required by law; (s.) 47 V. c. 34, s. 2.

Regulat

erns.

4. For regulating the taverns and shops to be licensed; (t.) ing tav5. For fixing and defining the duties, powers and privi- Defining leges of the inspector of their district. (u.) R. S. O. 1877, Inspecc. 181, s. 4, (4, 5).

[6. To remove doubts it is hereby declared to be and always to have been the true intent and meaning of this section that regulations duly passed by the board of license commissioners in accordance with the provisions thereof shall remain in force until amended or repealed by the same or any subsequent board of commissioners.] (v.) 53 V., c. 56, s. 3.

duties of

tors.

of his removal to another house, the Inspector might endorse his permission on the license, was beyond the jurisdiction of the Council as being an exercise of the powers transferred by the Act to the Board of License Commissioners : Ib.

But by-laws prohibiting the giving of liquor to minors, and gambling and disorderly conduct in a licensed house were held valid, as was also a by-law providing that no billiard table should be licensed or kept in a licensed house, and that no sale of liquor should take place between 7 p. m. and 7 a. m.: In re Arkell v. The Town of St. Thomas, 38 U. C. R., 594.

The Board of License Commissioners are public officers, and as such entitled to notice of action: Leeson v. License Com. of Dufferin, 19 O. R. 67.

(s) The License Commissioners may, by regulation, exempt a certain number of persons to whom licenses may be granted, in cities and towns, from having all the tavern accommodation required by law (see Secs. 27, 28 and 29). The number is limited by the section, and may not be exceeded under any circumstances: see Sec. 67.

(t) As to regulations see Note (p) supra.

(u) As to duties of Inspector see Secs. 129, 134. The Government appoint the License Inspectors, but the License Commissioners are here empowered to pass resolutions fixing and defining the duties, powers and privileges of the Inspector for their district, but they cannot interfere with those duties, powers, etc., provided by the Act.

(v) This Sub-Sec. is added, by 53 Vic. c. 56, s. 3. The License Commissioners cease to hold office on 31st December in each year, but may be re-appointed. It has been doubted whether the regulations passed by them do not expire with

Penalties

may be

by regulations.

tors of

5. In and by any such resolution of a board of license imposed commissioners the said board may impose penalties for the infraction thereof. (w.) R. S. O. 1877, c. 181, s. 5. Inspec- 6. An inspector shall be appointed by the LieutenantLicenses, Governor (x) from time to time for each city, county, union of counties, electoral district, (y) or license district, as the and duty Lieutenant-Governor may think fit; and each inspector shall, before entering upon his duties, give such security (z)

appoint

ment,

powers

and se

curity.

their term of office, and should not be re-enacted by their successors. The provision here made is intended to remove all doubts on the subject: see sec. 3.

(w) Held that the Local Legislature had power by The B. N. A. Act, 1867, to entrust to a Board of Commissioners, authority to eract regulations and to create offences and annex penalties for the infraction of such regulations and the punishment of such offences: Hodge, v. The Queen, 9 App. Cas., 117, see also Saunders v. S. E. Railway Co., 5 Q. B. D., 456.

(x) Where the Lieut-Governor appoints, he would have the inherent right of removal. The Inspector therefore holds his office during the pleasure of the Government: Interpretation Act. sec. 8, ss. 26. See Sinclair's D. C. Act 1888, p. 13.

The words "Lieutenant-Governor " mean the Lieutenant-Governor for the time being of Ontario, or other Chief Executive Officer or Administrator for the time being, carrying on the Government of Ontario, by whatever title he may be designated: Interpretation Act, sec. 8, ss. 6. See note (k) to sec. 3.

(y) See note (1) sec. 3.

(2) "Every person appointed to any civil office or employment, or commission in any public department of the Government of this Province, or to any office or employment of public trust, or wherein he is concerned in the collection, receipt, disbursement or expenditure of any public money under the Government of this Province, and who by reason thereof, is required to give security, with a surety or sureties, or otherwise, shall, within one month after notice of his appointment, if he is then in Ontario, or within three months, if he is absent from Ontario, (unless he sooner arrives in Ontario, and then within one month after such arrival), give and enter into a bond or bonds, or other security or securities, in such sum and with such sufficient surety or sureties as may be approved of by the Lieutenant-Governor, or by the principal officer or person in the office or department to which he is appointed, for the due performance of the trust reposed in him, and for his duly accounting for all public moneys entrusted to him or placed under his control." R. S. O., c. 15, s. 9.

The bond to be given must be proved as to the execution thereof, by an affidavit of execution of the attesting witness, in the form of Schedule A. annexed to the Act, (see appendix), made before a Justice of the Peace, and every surety in the bond, shall make an affidavit of justification, in the form Schedule B. annexed to the Act, before a Justice of the Peace. The bonds, with the affidavits annexed, shall be recorded at full length in the office of the Secretary and Registrar of this Province, and the original deposited in the office of the Treasurer of the Province within one month after being entered into or given, if the person resides in Ontario, and if he is absent from Ontario, then within three months after being entered into or given, unless such person arrives sooner in Ontario and then within one month after such arrival. Ib., s. 10.

But the Lieutenant-Governor may in certain cases extend the time for giving security. The Lieutenant-Governor, by an order in Council, may direct that

as the Provincial Secretary may require for the due performance of his said duties, and for the payment over of all sums of money received by him according to the provisions. of this Act; and the salary of every inspector shall be fixed by the Lieutenant-Governor in Council. (a) R. S. O. 1877, c. 181, s. 6; 48 V., c. 43, s. 8, part.

Inspector

onto.

7. A chief inspector may be appointed for the city of Chief Toronto, and he shall have jurisdiction throughout the said may be appointed city. He shall perform all the duties of an inspector and in Torshall have all the rights, powers and authority thereof, and shall be charged with the duty of seeing that this Act is enforced in the districts into which the said city is divided. He shall, unless the Lieutenant-Governor otherwise directs, act as the secretary of the board of license commissioners, and shall, in company with the inspector, visit and inspect all premises for which a license is sought, and shall perform such other duties as may be assigned to him by the board or by the Lieutenant-Governor in Council. (b.) 49 V., C. 39, S. 19.

licenses.

8. (1) The Lieutenant-Governor in Council (c) may direct Issue of the issue of licenses on stamped paper, written or printed, or partly written or partly printed, (d) of the several kinds

the bond or policy of guarantee of any incorporated or joint stock company empowered to grant guarantees, &c., may be accepted as such security. See the Act respecting Public Officers, R. S. O., c. 15, secs. 9, 27.

The word security shall mean sufficient security, and when these words are used one person shall be sufficient therefor, unless otherwise expressly required: R. S. O, 1887, c. 1, s. 8, sub-s. 20.

The security must be given before the Inspector enters upon his duties, and a newly appointed Inspector must be particular not to do anything of an official nature until this provision of the Statute is complied with. As to liability of sureties generally see Sinclair's D. C. Act 1888, p. 16.

(a) The words "Lieutenant-Governor in Council," mean the LieutenantGovernor of Ontario or other person administering the Government for the time being, acting by and with the advice of the Executive Council of Ontario: Interpretation Act, sec. 8, ss. 7.

(b) A "Chief Inspector" means one who is the head or principal over other Inspectors.

The jurisdiction of the officer to be appointed under this section is limited to the City of Toronto. His duties are not only those here defined, but also such as may be assigned to him by the Board of License Commissioners of Toronto, and the Lieutenant-Governor in Council.

(c) See sec. 6, note (a).

(d) "Writing" or "written," or any term of like import, shall include words

After the 1st of May

In special

cases.

hereinbefore mentioned; and the licenses shall be signed by the Provincial Secretary and dated as of the 1st day of May (e) in each year, and shall thence continue (ƒ) in force for one year, (g) and shall expire on the 30th day of April in the next ensuing year.

(2) After the 1st of May, tavern (h) and shop licenses may be issued between the 1st and 15th days of May in each year; (i) and licenses by wholesale (j) may be issued between the first and last days of May (k) in each year; and all such licenses shall be deemed to have been issued on the said first day of May.

(3.) Where special grounds are shewn, (7) the license commissioners may direct one or more licenses to issue at any time after the said 1st day of May, if within the limit authorized by this Act; provided always that the petition or application therefor shall have been filed with the inspector on or before the 1st day of April next preceding. R. S. O. 1877, c. 181, s. 7; 47 V. c. 34, S. 3.

[But this proviso shall not apply to petitions or applica

printed, engraved, lithographed, or otherwise traced or copied : Interpretation Act, sec. 8, ss. 14.

(e) The license may issue in some special cases after the 1st May, but in every case must bear that date: "as of the 1st day of May," means as if it had been issued on that day: See Alcock v. Sutcliffe, 4 D. & L., 612. All licenses shall be deemed to have been issued on the 1st May, (see ss. 2).

(f) "Continue" has been held to mean the same as See Co. Litt., 32 a. b., cited Stroud's Dict., 242.

66 One year 99

means a calendar year :

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(g) Interpretation Act, sec. 8, ss. 15. And an agreement not to be performed within the space of one year, was held to mean within 12 calendar months from that date: Bracegirdle v. Heald, 1 B. & Ald., 722; Snelling v. Huntingfield, 1 C. M. & R., 20. The year under this section is from 1st May until 30th April inclusive; the license being in force during that time.

(h) See sec. 2, note (c).

(i) "Between" two days has been held to exclude both days: Bunce v. Reed, 16 Barb., 352 (1853), cited Anderson's Dict., 118. See Arch. Pract., 13th Ed., 163. (j) See sec. 2, ss. 4.

(k) Wholesale licenses may be issued at any time during May, but must, like other licenses, be dated on the 1st of that month and will expire on the following 30th of April.

(7) The "special grounds" authorizing the extension of the time for issuing the license, it is surmised, would be any extraordinary facts or circumstances the applicant may be able to shew, or which may arise in connection with the matter causing delay, and which the License Commissioners may deem sufficient. The application for the license must have been filed at the usual time.

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