IMAGE EVALUATION TEST TARGET (MT-S) /. 1.0 yo "^ tut I.I 1.25 1.4 2.5 2.2 2.0 1.8 1.6 V] <^ /] % // c'l ^ '> > :V ^'^ /^ Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 4: :1>^ ,\ V \\ 9>- C^ '«*^> «■ J'^s ^% CIHM/ICMH CIHM/ICMH ^ Microfiche Collection de Series. microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Technical and Bibliographic Notes/Notes techniques et bibliographiques The Institute has attempteiJ to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. 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JOX 14X 18X 22X I — \ — \ — \ — \ — \ — ^ — \ — I — r-T — \ — I — r 12X 16X 20X 26X 30X y 24X 28X 32X Th« copy filmad h«ra has b««n reproduced thanks to the generosity of: Seminary o> Quebec Library L'axempiaire film^ fut reproduit grice i la gin^rositi de: S6minaire de Quebec Bibliothf^ue The images appearing here are the best quality possible considering the condition and legibility of the original copy and in iceeping with the filming contract spucifications. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated ? .ipres- sion, and ending on the last page with a printed or illustrated impression. The taat recorded frame on each microfiche shall contain the symbol —^(meaning "CON- TINUED")., or the symbol V (meaning "END"), whichever applies. 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Un dea symboles suivants apparaftra sur la demiAre image de cheque microfiche, selon le caa: le symbols — »>signifie "A SUIVRE", le symbols V signifie "FIN". Lee cartes, planches, tableaux, etc., peuvent dtre fiimte d dee taux de reduction diffirents. Lorsque le document est trop grand pour dtre reproduit en un seul cliche, 11 est fiimi d partir da Tangle sup4rieur gauche, de gauche & droite, et de haut en baa, an prenant le nombre d'Images nicessaire. Les diagrammes suivants illustrent la mithode. 1 2 3 1 2 3 4 5 6 I ^J fl^i . (V.,. . * Ai ^ nrf Couj^^^ ^4^-^±' 0«l TIIR Le S^minaire de QuS 3 de VUniver«*4i Qu^^ec 4. QUI / K 0*1? V^ ''^"^ QUEBEC LrrENSK ACT, Ns*3S-jV(&rt!NDED BY TUB ACTS .iS V , C. 2 ; .iO V., C. 3, AND a? V , C ;i • TIIR TREASURY DEPARTMENT ACT; THE ACTS RESPECTIN'IJ THE SECURITY TO BE flIVEN BY OFFICERS OF TOE PROVINCE; AND SEVEiUL EXTRACTS OF ACTS, ORDERS IN COITNCIIi, AND INSTRUCTIONS Printed under the authority of the Act 37 V., c. 3, s. 20. QUEBEC : PRINTED BY CHARLES FHANVOIS LANttLOIS, PRrNTKU TO Hf-U MoHT EXCELLENT Ma.IKSTV Til'-; CilKRN, 1874. '^m^ 4 ■\ ON THE INCLDDIMO ■S TIIR QUEBEC LICEIfSE ACT, AS AMENDED BY TIIR ACTS .!0 V., C. 2 ; 30 V., C. 3, AND 37 V., C, 3 ■ IIIK rREASUUY DRPAKTMENT ACT; THE ACTS RESPECTING TIIE SECURITV TO BE (ilVEN BY OFFICERS OF TIIE PROVINCE; AND SEVERAL EXTRACTS OF ACTS, ORDERS IN COUNCIL, AND _^,«,«--.^,^^ INSTRUCTIONS. Prinled under the authority of the Act 87 V., c. 3, s. 20. QUEBEC : PRINTED liV CHARLES FRANCOIS LANflLOIS, PniNTFI! TO llKR MoST K.V.KI.I.KNT MAIKSTV Til'.; (iUKKK. 1874. THE QUEBEC LICENSE ACT AS AMENDED Bfj the Acls 35 v., r. 2 ; 30 V., r. 3 ; >,h,1 37 V., r. 3. PART FIRST. SPECIAL PEOVISlOJSfi!;. I J. TAVERN-KEEPERS AND SALE OF LIQUORS. 1. PENAL PROHIBITIONS. rum ^vM«r'''' "''''" ^t"' ^^*^!^d or barter by retaii, brandy, Noc„c tore mm, whisky or any other spirituous liquor, wine, ale beer I?" "p'"'"""^^ whch '.;.^'"'l T^ f^«^^'i««"« or fermei'ited liquo^. Jli 1=.''''''""' which are included by the words 'spirituous, vinous or iermcnted liquor.,' whenever used in this act) in a les I uautity than three gallons or one dozen bottles of not L. than three hall-pmts each, at any one timo,-nor shall any person keep any inn, tavern, temperance hotel or other of public entertainment,-or sells, vends or barters bv re dl r '^''""'' bi-andy rum, whisky, or any oth;r spirituous hqS win e ^"""• t'olT' ^'""'^'i' "'^r ^' "^^"' ^'"^°«« «^- fermented liquor' r.uTT V^^'l ^t '^"^^ °^" «"y «f the same to be iold' A ended or bartered by retail, without the license required by this act, or contrary to its true intent and meaSi!- suth ottenco if committed in any organized part of this province, and a penalty of twentyive dollars if committal * r . License Act. per'ioni'not *' ^''"'Y P^I'SOH Uot hoing duly liccfied inwlor ^.i . ioon,o.Jex,K„-»'Xl)OSO«, Or CaUSOS or SUfiVrS to ]>, ov c 1 • " """ '"=^' i-g liquor.: 0, door, or oth(Tonenii.>r n-l^! l " expos.-d iii any window, putting up . ' "' ""HI ui)uung' ot nis hoiiHi; or nr»>mi«..B ..»., *• i .ig«/4o.' or m, on or near his house or vromLoIJ^l f' ^ '*''''' printing or writin T ? Possossion.s, or nndor mm or any :^,i tou ^r- ^^^^^^^ -7-1.'. -ino, liquor,ai4rtofwSi?salo XV ' ^"'"■' °' '"^^ ""^*'«^ or ferraented liquor ' '''""' '""' °' ^"^ spirituous •*. (As amended by 36 V /• *l v i \ n ,. , against the provisions of the nrecedi !>• }jiT\'''u'''^'''''^ a penalty of twoiitv dnllnr. ^ , 'l?,*""^' section shall incur and vosslls eX iL^ • Ce tX"'''''' '?^"" ^''^''^' penalty shal ho comm^^^^^^^^ ^'''^ "^ "«" «^'th« aistiJ'for I Ipac^eTX:^ c^lolil^^ h?. ^^^^ ^^' ^^^ rcii»ky oil £S 1?.. porBons soiling, "' ■L'^'ery owner, master or purson in oh- tp r»c „ ,. onboani *" hoat Or vessol. who rpr-n)« r.,. 1 V t-ft- je o{ a steam- tailed, vended or barterod^n "^"^'^ ^' ^"«^^« ^« ^^^ rc- mented liquor on KuirT 'P"'^*"°"«' vinous or fei- haviiig vr^^loZy oht^^ '^^^^^^ without % 37 F,, c. 3,5. 2.) ' ' ^' ' -" '"''' 21, are such as amended l^ CONDITIONS PREVIOUS TO OBTAINING LICENSK. Ponaltjr for inrr.ictidii of |iroocaing sootion. sto'imbnats, *c., without license. I, Houses of Public Enter lainmcnl. Cortilicato y li^vnm^f ' n ro.iuisito to '• ■'■'xct.pt ill SO Jar as it is otherwise Drovid.vl in n, shall uor an act; and such certificate shall be accompanitd by ai. titli IT?"'' P'^r^^' H^P\y^x^S for the same, that he is ^ndl-lhr «^^" be m the form (A,) annexed to this act thodttrict """^ justice of the peace foi^ J» the city of Montreal the said affidavit may bo sworn r„ ,. . . before one of the license commissioners, and siraircon" ^i-' ^'"0^ ' ' tain an additional averment, as follows, that is say • "i. fer'i T .^'"'^^'"•T^" ^"-^^ '''''^ say, that I have no uterest directly nor indirectly in, and derive no proht or beiiefiUrom any grocery, shop or store, now existing or hereafter to be established in Montreal during the pedod "I^Lrte^andlieS"^^^ ' ^"^ '^"^"-^"^ ^^ «^^-"-^' «^^" ^ .v.!!;/r/'^'*'''^ such certiiicate within a city, and also in T'- war,i a«d cveiy hcense granted in virtue of such certificate the w-ml «;'««' "''i''" V 1 f^o' 't^'l,"r^ '^?rr '^ '^' '''''' *« ^^Wch the ramerno^tti!.';:. uiates, shall be stated; and the same shall be null .,,,,1"'°""'""'""° saTd wai'^ "' '^''' ''^'*'''°' ^'^""''^ *^« limits of the u^o.:!'.^ SO. In the cities of Montreal or Quebec, the municinul i''-""'"i- ro- electors who sign the certificate must be persons actualJv ?"'""',"' "''■ domiciled in the ward, and having their narsinscrS conSTeU." «»"»^^iP^^^ voter's list then last made and ''""'''^'"- I'UllUOil witli rofiwot to coftilioiito. Proof of fiKiinturcH ''C((iiir'.'a. Confirmation o»" oertlJlcato. y|i'!ci,il jirori Hions fur .Moniical. License Act. «iguature.s respectivoJv and of ij! ^"^^^'"^^^,^^7 of such persons as an-^u^^i^to ifgnV'^L^^ *''^^^ '^^''^^^^^ muliparVc!;;;.dl\Tr^l^^^ homing a meeUn^ot a to such council for c"n&^^^ proscribed, submitted iirmod by the mLo, if ^ °" ^'^'^^ *^'^y' ^-^Y »>« con- jastices of the poa^ce not bohl r'"-''^''"^! ^^^^^^ ^vvo Jing in the county wher^ Z L "'"."'^'^^ councillors, rcsi- iicafo is granted ^issS; 1 T- ^°' '^"^'^^ such cer(i- fhe office ^rmay^-b^Zf^^^^ ^ .c^T of a vacancy in and such councL or suTm? n! ««^h justices f the peace ; cos, as the case may ^ mav" 1.?"^ f '*^'^''l: °^ '^^ justi: certificate, if he rtV;W"ifts"tda' '"'"^" '"^ ' "^^ ^^ ^:^^^t^:^^]^\^^^ -^ duties con- ^'loyen concerninff the examin.Z \ ^^^^}pnH seven and J-Hion of such ce^tSicates Kf L' confirmation or re- and performed by a Krd'ol 1^1^ '^"'"«^?'''^ y '^^^'••ci«ed composed of the recorrWf>,n r ^^ commissioners to bo ="»d the chair l^Tfhe•nolii;^'"T^^ '^' ^°r'^»^' porsons as the lieutenan -/ovt^ I "u Si "' ''" r ^ ^"• irom time to time annoinffnvfhof "'^°""^" "'"7 horeafiei. -or;;^^;;^\^£iS"~^^ of the members compS,f Tl r^md'sh" ^K^^ ^^^^^^^^ lo the city clerk, and the Idhidv!?:!' lu^''," ^^ reported iinal. "- ^"Jadication ol the board shall b : {(>.) It shall bo (he duty of the ^■^\A n ■ ■ vertise at least tu.ce dui^.o i^fn ur''""'''^""'^ ^« ^^I" English and in two Freiic i nov ^n: *^' T.'''^ ^^''^^^' J» ^vvo of Montreal, the name^s of alT'S ^'^\-^^^'^^ "^ ^^^^^^^V tion of certificate, together w iSS ^^' ' ^°' '"^'^ coniirma- and the nature a id lO ^o/ A ^^ ''^''''^">*^' ''^'^^''^"* i« .nought, and a notice to In irso^T^^ ""^-^^ '" ^^^^»«^' inissioneis, within eiX d , «T I ^^^ ^^^^ the com- last advort'iscme^. any obieclions'^th V l^^^^^^^^^o" of th. granting of the license. -dso a W^^^^^ may exist to tiie t^me. granted lo parties in the If ^^^^^^^ ^-«^ ^^^ to ■nblo License Act. {c.) 1.:; commissionere may roqiuro o very applicant tr, sigii an upphcation paper hxnlhj and pr.plrThy/hom I om details ,giv,.n by him, and until nil th^ ahoy.? hZ- ihe^e^^cr^ "' ""' ""'^' ^^''*^^^'^^ *^'" confirmaMlZc K) The commissioners may require, throu"-h the chief of ixjhce or other person in char^/of the nol"ce force the o m±r' "S^/v!" "™'r""^«' ^'^^«-^ necessilry, ofany ortcer oi members ol the police force in Montreal from whom ^7sucYnffi'''' to obtain information, or the'atSancv o any .such officers or members to accompany the said com TZ^"'\^' 'IV^ ""' "^'^«"^' «^ their cler^k.t^ any hZ. shn 1 K ?K'"'i*^'y ?iy ^'^«^ *^ ^l^ta^n information a Hi f th"^ fbrc^to^i: *^' chief of police, or person in char". etonerate wifh^f ■ ,'" *^''^^ V^*'*"^^'^' '""^ «-onerally to CO operate with the said commissioners. ^ exnensL VSrT °* adyertising, as aforesaid, and o!I rucm or whi^h ' '''' 'commissioners are requirod t. lL?K Tfu ^ ''^^ "ecebsarily incident to tlie prop' able to and paid by the corporation of the city of Montr °al poJatioronWi'Jl'J o^f '^'^^" ^-^ P-'^y^^'^l^ t«the cor.Su,np„,„ purauon 01 the city of Quebec for eyerv confirmaf inn nf « «« "'<"-''-i certihcate for obtainmo- a license fo rJJ\ ^';.".7™a"on ot J^ rations of' within the said citv wj w ®i**' ' spmtiious liquors Quoooc or «„^„ V ..?.y' '^^d f>"ore any licrn.se to retail smri Momrcni. iEF£ss3£a;t:;ssf inn^ayem%?Le^T! f?'! ^' ^^'^^*;:^ ^«^* J^'«eping an .o„a „,„.ea nnb1,n \,y! /^^^"'P^^^nce hotel, or any house or place of *° »«'="'''"'« pubic entertainment, the person ai>nlviiio. p^v f v.! °^ payment of shall enter into n hnn^i +^ i ^'«'"" appiymg tor the same nnoi, x^-. 8 Tho license may be trans- ferred if tho person licensed dies or removes. CortiRcftto nnd liind required from tho trans- feree. Transfer must 1)0 made within three months. Who cannot sign a certificate. License for tavern not to 1)6 granted to grocers, &c. Proviso License Act. affidavit required by this act, shall be ^^^d in the o^^^^^^ the revenue officer; in the case Ox an application tor a icense to keep a temperance hotel, the bond, to be drawn u t^e said form (C,) shall be executed m presence, of, and the Purel^Ss shall be approved of, by any two municipal counXrs 01 justices'^ %f the peace or the revenue officer, aXhalTbe filed in the office of the said revenue officer. 16. If any person so licensed under this act, dies before theexpiratio^nofhis license, or removes ^om his hous^ such person, his assigns, or legal representatn es, may mfsfc^r such license toVy other Pe^^. w^o, und^^^^^^^^ transfer, may exercise the rights granted by such hcensc uS the expiration thereof, iu the house and premises for which such Ucense was granted, or, if the person licensed reSd in an organized part of the province, m such other place wihin the municipality as the municipal council or ie license commissioners m^y approve of and is mentioned in tho certificate hereafter mentioned m t^is section. 2 But no such transfer shall ha' o any effect ^^*t^^,^^ unless the person in whose favor it is made, if he resides fn an organSed part of the province, P[od«ces to th« re- venue officer a certificate, and enters into a bond, with su- iXs such as was required of the original holder of such hctseaJid unless such transfer is endorsed on the license bv he revenue officer ; and it no such transfer is execu ed and endorsed as aforesaid within three months after ho Sh or removal of the original holder of the license, tho license shall be null and void. ir No municipal councillor or elector, being a common brewer distiller or retailer of any spirituous liquors, or keeper or proprietor of any aouse or place of Public eiiter- Sment. shall sign any certificate for a license for any inn avmi or h^^^^ or place of public emtertamment, or for the tmnsfer of a license for any such house or place of public enrrUinment, under a penalty of fifty dollars for each such °X' person who knowingly signs any certificate for a license, or for the transfer of a license, without being duh I uamled to do so, shall be liable to a penalty of twenty dollars for each such ofienco. 18. No license to sell spirituous, ^nous or fe^-monted liquor in quantities less than three half-pmts shall be grant- ed in any city to any grocer, or to any keeper of any store or hm for the sale of" groceries, provisions, confectionery, or fmi; nor shall any application for such license by any sich grocer, or sto/o or shopkeeper be approved by tho ^,,,unin.al council or license commissioners of siich city, subjoct'to the application of soction 1st ol tho act ot this nro'vinco, 35 Vict., cap. 2. (*) ~~{*)iice section 21" of tho license net lis now publislicl. License Act. II. Steamboats, ^c. tailed spirituous, vinous or fermpnfprl linnr.^ J, iT i 1 steambo»u, or into the bond hereinbefore required for koepin- a house or place of pubhc entertainment. o * noube oi III. Stores or Shops. ele^n TwtCf ,dT T'^^^S ^^ «««tio^« «even. eight, Condition, f. eleven, twelve and thirteen, with regard to certificates aiKr*""? »«'""'=»• oDtmmng of any license for retailing in any shoo storp or signature of t U^/v fi ^^^^■P"»*^' '^^^P^ that instead of the roi^-rhnt^lTa^Jj,^^^^^^ which such su. Vaift^^pr r r cToi^ttroFs is?ue r^'P* '^ *^' '^"*r "^^^ *^« *■«« here^iaher menlned taintl ,-^ person applying for the same, a license for "«: Sat^od in"LT f "^' '*"'" .'^ P^^«^' *° ^« accurately de. signated iii such license, spirituous, vinous or fermpnlp 1 ferS n fr f "/ 'T *^? *^-« half^'intra t^ one time, and not to be drunk on the premises. ■ ^ 9l«. (Bei/nr section 1 of the act .S,'5 V ,- o ^ xitu r- . 0^ reg, rds th« ci»- „ of Q^bec a.,d Mo«ir ,1 the wZT' "- ^-' an73her i,Xrtr„SiT™eT'''i °'' t. ''"'yM.Srrr Deraoii Piiti+lo,i +^ 1, ij 1- Vr' '^^"'^ <^" demand to anv the sale of one ahop. oto™ or place, to^ a^ctl v dJeSS'i,; 'S S" -""" from t"eV :;,! oHi*:;''™''''- <""'"'"•■ > ""'"» P«™« "i )n«Kno T ; /_: "^ *^'^. .'^' ' •^•) The provisions Certain po g the issuing, form/"""""^^' of the Quebec License Act, respectin 2 ;uc- 10 License Act. beo lioenie act duration, aud annulling of licenses, the fees payable there- *°ioE\ioeMei on, the reduction of duties payable therefor, and the appli- cation of such duties, shall apply in like manner to, and in respect of, the licenses issued under this act. aic. {Being section 3 of the act 35 F. c. 2.) Sections thirty- one and thirty-three of the Quebec License Act shall apply to persons holding a license under this act, as fully and in the same manner as if the words " throe half-pints," in the said section thirty-one, had been struck out, and the m ords "one-half-pint,". substituted instead thereof $20 extra to be ^Id (Being section 4: of the (ict S5 V., c. 2.) There shall Fo^'^s""*''* ^® P*^*^ *° *^® revenue officer, by every person who takes loeoBe. ^^^ ^ license under this act, the sum of twenty dollars over and above the amount payable by him for a shop license under section one hundred and twenty-five of the Quebec License Act. lUO Seo. 31 and 33 of said act to apply a« if '• one-half pint" was mentioned. I 111 Manioipalities other than Quebeo and Montreal may charge for certificates. Said Boction not to affuot certain powers of incorpora- ted citiea and towns. IV. General Provision. fite. (Being section 5 of the Act 35 V., c. 2; as amended hij 86 V. c. 3, s. 11.) Any municipal council other than the cor- porations of Quebec and Montreal, may demand and receive from the applicant 'a sum not exceeding twenty dollars, for every cex-tificate confirmed by such council, under the pro- visions of sections seven and twenty of the Quebec License Act. The present section is not to be interpreted as taking away from incorporated cities and towns the powers which they may possess, under their several charters, of imposing or levying any annual assessment or tax, upon the persons set forth in sectics seven and twenty of the Quebec License Act. And it shall be lawful for the said cities aud towns, in lieu of imposing and levying such annual assessment or tax, to exact from all persons applying for any certificate confirmed by them, under the said feections sevon and twenty of the Quebec License Act, a sum not exceeding that which they might impose and levy as aforesaid, as such annual tux. No person liojused to keep a tavorn eh all keep a grocery. 8. OBLIGATIONS AND RESTRICTIONS ON PERSONS LICENSED. I. Houses of Public Entertainment. 31/ (Being section 2hi added hij 37 V. c. 3,s. 4.) No per- son to whom license shall ])e granted in any part of this province to keep an inn, tavern or other house or place of public entertainment, shall, during the period during which such license exists, keep or be interested in, or derive pro- fit 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. ble there- the appli- to, and iu 3ns thirty - lall apply Uy and iu its," in the ;he \\ords here shall who takes allais over op license le Quebec mended hij an the cor- iud receive dollars, for ;r the pro- ec License as taking k^ers which ' imposing He persons »ec License ud towns, essment or certificate i.nd twenty that which ich annnal LICEXSKD. .) No per- *art of this or place of ring which derive pro- up or store s, under a License Act. u Jt^. {As amended by 37 V., c. 3, s. 3.) Every licensed innWhuwcom- or tavern, temperance hotel or house of public entertain- r""^!'"" ^'" ment, situate ma village or in the co4iry parts, shall ^ptSr/t* contain at lea«t three rooms, with at least one good bed iix*«?y«n«. each, tor 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 eu- tertainment, shall have a stable adjacent or attached to such house with convenient stalls for at least four horses, and shall be constantly supplied with a siTfficient quantity of provisions, and of hay and oats, for travellers^and tLir cattle ;-And in default of any one or more of the foregoing requirements, the keeper of such house shall be liable to I penalty ol twenty dollars. nnbirjnf "?^- ""'' Z'"''^'"' f««^Perance hotel, or house of Condition. public entortainment m any citv, shall be provided with a I'T "/«»•<> '? kitchen of sufficient size, and alf suitable apparatus ^ cook "oS of"" ratals lor not less than ten persons, with a breakfast din- '"«"»' *«• ner and supper table, whore meals may be daily served up a Id shall be -^ bond fide well appointed and sufficient eat^ . ? 1 ?!•,'' ^r ^''^ satisfaction, as regards the city of Mon- ti ea, ol the license commissioners of that city ; and in de- auit of any one or more of the foregoing requirements the keeper of such house, shall be liable to a penalTy of fifty hotff n JilL^':'?^''"' ""^ '''''i ^ ^^^^^''^-^ ""'- *^^'*^"=^' temperance Lioc«. to b. hote or other house or place of public entertainment, shall "'''"'•'? ^ olitr bkV''''""^"?' ^^^?"^it^^i« lice^^«e to the revenue r^^rre^aod officer, his deputy or deputies, and shall cause the same to?"«° ">". be constantly exposed to public viev/ in the bar-room, or in "'" """ he case of a temperance hotel, in the hall or entrance room. ievpi^n'!?.!"""'"' ^ ''T u'\ ""^"""^ *° t^« satisfaction of the revenue officer, and shall also cause to be pauited in legible charac ers of no loss than three inches iii height, and of proporhonnto width, immediately over the door of such house., his name at full length, with the following word^hi hour is"' 'h5' 'rr '^"r -^^ • ." ^^'''^^^ ^^ '^^-^^^ Vntuous liquors, licensed to retail wines and fermented liquors," licensed to keep a temperance hotel ;"-and whenever such house IS situate in country parts, the keeper thereof sha also expose or cause to be exposed, and keep so expos- ed during the whole time of the duration of his licensf, a like sig.i lu letters not less than four inches in height, ^d of proportionate width, in a conspicuous place near the ho so to indicate the same to travellors,-and shall, in de' laidt of complying with any of the foregoing requirements incur a. pfiual*^^ '^f Hvenf" /ni] — - *-- - ' a/^U''""*^«uws, 12 License Act. gambling thorsin; oer tiiin Tcstric- tiniis on salo of liquors. ilntCkoc '*'*■ ^'^'' "'"^'"^^^ *^ 86 v., c. 3, ,ss. 18 rtW19.) The keeper oXriyhousoB, of eA'ery licensed inn, taA-^ern, temperance hotel, or other and prevont hovisc or place of public entertainment, shall keep a peace- ''"^^ able, decent and orderly house, and shall not knowingly suffer any person resorting to his house to play any game whatsoever at which money or any thing which can be valued in money, shall be lost or won under penalty of a line from ten to twenty dollars. — No keeper of any house licensed to retail spirituous liquor, or vinous and ferment- ed liquor, shall keep more than one bar or sell any such liquor in more than one house, or vend at any time any siich liquor to any intoxicated person, 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 twenty dollars for each offence ; and no person licensed to sell spirituous, vinous or fermented liquor shall sell or de- liver any such liquor to any minor under the age of fourteen years, or shall allow any such liquor to be sold or delivered to, or to be drunk by, any such minor, in any place or pre- mises kept by such person, under a penalty of fifty dollars for each offence. bl,"8o?a be-'" ^^- ^/^•"' «'«e«'{e'^ % 37 V., c. 3, s. 5.) In all places where tweon certain ^^y law iutoxicatiug liquors or any particular description or 8aturda""iiii ^^^^criptious of such liquors, are allowed to be sold by retail, Aiondayf ' ^0 Sale Or other disposal of such liquors shall take place therein, or on the premises thereof, or out of or from the same, to any person whomsoever, from the hour of eleven on Sa- turday evening, till the hour of five on the Monday morn- ing thereafter, — except in cases where a special requisition for medicinal purposes, signed by a licensed medical prac- titioner, or by a justice of the peace, is produced by the vendee or hi.s agent ; nor shall any tippling or drinking of any such liquor take place, in any such place, during the time prohibited by this section, for the sale of the same, and all bar-rooms in sue) ^aces, during the time thus pro- hibited, shall be kept closed. 2. For every offence under this section, a penalty of not less than ten nor more than fifty dollars, with costs, shall, in case of conviction, be incurred by the person or persons who are the proprietors in occupancy, or tenants or agents in occupancy, of such place or places, and who are found by himself, or herself, or themselves, or his, her or their servants or agents, to have committed or aided in commit- ting such offence. Tttvorns Ac, 30. No keeper of a tavern, dramshop, saloon or other b" tweercor- house Or placc of piiblic entertainment whatever, whether tain hours, licensed or nnliccused, shall keep open such tavern, dram- No ti|)j)ling or (liinking di:r- ng time prohibited. Penalty for otfenoes against this section. License Ad. jo shop, Kaioon or other house or place of public entertainment, or shall permit tippling or drinking of intoxicating liquor therein, after the hour of twelve o'clock at night, and before W d?Jnf M ''' I ""^lu *S^ «^r'""& between the twenty- hrst day of March and the first day of October, and after the hour ol eleven o clock at night, and before six o'clock in the morning, from the hrst day of October to the twenty-first day ot March ; and upon conviction of such ofTence. such keepeT of a tavern, dramshop, saloon, or other place of pub- - he entertainment as aforesaid, shall be liable to a penalty of not less than ten nor more than twenty dollars. ar. No person holding a license to keep an inn, tavern Penait, for temperance hotel, or other house of public entertainment "^St' nnri,':!f r '"''T^ ^''^ accommodate any traveller with: vX" '"" offence "" ^ "^^^^ ^^ ""^ *^^"*^ '^°"^''' ^^^ ^^^^ ini!nviffar^^''^P'''^! ^^'"^^^''^^ temperance hotel know- Keeper, of ingiy sutlers any spirituous, vinous or fermented liquor to '"'"?«''"«'<' -orTani WntT T "^ *^1 ^''"^^'^ *^«^«*° hedging ; ^^^^^^^ —or 11 any keeper of a licensed mn, tavern or other house "q-ori; being or place of public entertainment, not licensed to retail spi- pr'e"mLl" '^^ ntuous liquors, knowingly suffers to be drunk any spirituous liquor withm such house, or any out-building, or in any or nl?L f P'1?'''' belonging to such inn, tavern, or house or p ace of public entertainment, he shall be liable to a pe^ nalty of twenty dollars for each such offence. .nw Ji^'T"''"^!*'^ ^^ ^•' '■ ^' '■ ^•) ^»y police officer or constable being thereto authorized in writing, as herein- after is provided and any revenue officer, may at any tfme enter into any licensed inn, tavern, temperance SelTr other house or place of public entertainment, and any per- son being therein or having charge thereof, who refus^es or a^er due summons fails, to admit fmmedaately such revenui officer police officer or constable into the same, or offers any obstruction to his admission thereto, shall be liable to a penalty of not less than ten nor more than fifty doUars for every such offence. ^ uuuars 2. Any revenue officer or any two or more justices of the peace may grant such authorization to avail within any city, town township, parish, or incorporated village oranv place or tract th.n-ein designated and being wfhin thJ jurisdiction of such justices, or officer, for anf term or tine therem spociiied, Mr i exceeding three months ; ...zJa •ir*''i'u '^ ^^'^ P''*^^' ^^" revenue 'officer, who granted such authorization, or any one or more of them may imder tS"'"'^v;'l^„ u:!.",^'"/.',!'^' ^ y'?-«K-n.oixier to that effect Police offioen, lio., duly au- thoriiod nmjr enter any lioensod tavern, <£o. Who may give 8uoh author- ity. How it may U oancellcd. or his hand, delivered to such police officer or 14 License Act. i« icting^under ^^^^^l^^*^ i ^ud ally police officov ov Constable acting- and it aftcrwardB assuiDing to act iiuder any authorization alter the same has been so cancelled, shall incur a penalty of iorty dollars. be 7c";oker^ ^®- (^' nmended b,j 87 T., c. 3, s. 7.) If any person licensed under this act to keep an inn, tavern, temperance hotel, or other house or place of public entertainment, is convicted oi any breach or non-fullilment of the requirements of this act, or of any felony, the convicthig justice, if a district magistrate, or. the court, or in the city of Montreal, the license commissioners, may cancel and revoke the certiiicate upon which a license was granted to such person, and the revenue oificer when notilied to that eliect by the justices or the clerk of the court or the clerk of the city, or the said commissioners, by their chairman or clerk as the case may be, shall annul the said license, and if such person, after being duly notified of such annulment of his license, con- tinues to keep open a house of public entertainment or retails any spirituous, vinous or fermented liquor, such person shall be liable to the pains and penalties imposed on persons for keeping a house of public entertainment or lor retailing such liquors without license. ' II. Stares and Skops. ftllowinjj liquor to bo drunk on the ]irem!8csi pern'Xrd- . »>• (Asamuidedby U V., c. 3, s. 20.) If any person hold- ingghopii- ing any bcense to sell spirituous, vinous or fermented ?er?han1'hre'o 1«1^^0[ i" '"17 sho^*, storc or place, but not to keep a house half-pints, or ot public entertainment, sells any such liquor in quantity lei^s than three half-pints, or allows any such liquor to be drunk within such shop, store or place, or on the premises appertaining to the same, either by the purchaser of such liquor or by any person not residing with or in the employ ot the person holding such license,— or sells any such hquor m any quantity less than tluee gallons in any shop, store or place not designated in ,^uch license, or sells or delivers to any minor under age of iburteen years, any such liquor,— such person shall be liable to a penalty of fifty dollars for every such offence. PcrsonE bold ing ibop Iicen»e8 lo have eigug. S». The owner or keeper of every such shop or store shall cause to be painted in legible characters, immediately over the door of such shop or store, his name at full len"-th, with the addition " Licensed Wine and Spirit Stoke," and shall cause his license to be constantly exposed in 'a conspicuous place and manner within such' shop or store, and shall allow the lieveiuie Officer, his deputy or deputies,' to have free access thereto at all reasonable hour penalty of twenty dollars ibr each oil'ence. '•s, under a License Act. iicting and 3 same has ollars. >n licensed e hotel, or convicted iits of this P a district iitreal, the certiiicate n, and the u' justices, >r the said i case may •son, ai'ter ense, con- inment, or uor, such s imposed rtainmeut, son hold- fermented p a house . quantity nor to be premises !r of such le employ my such my shop, r sells or any such y of fifty p or store nediately 11 length. Stoke," osed in a I or store, deputies, under a 16 33. If any person who has purchased any spirituous, Penalty »» vmous or tormented liquor, in any shop or store, licensed r.'\''.'"" only as mentioned in section thirty-oiie, drinks the same or Uq^oMn^hoj,, any part thereof, or allows the same or any part thereof to be drunk in the said shop or store, or in any house, out-buildings, or premises appertaining thereto, such per- soii shall be liable to a penalty often dollars for each such ortence, III. Steamboats. 34. If the Liquor may not bo sola on steamboaU while laid up in winter. Municipal by- laws not to affect aalo of liquor in «toamboat8 owner, master or person in charge of any steamboat or vessel allows any spirituous, vinous or fer- mented liquor to be sold on })o vrd such steamboat or vessel during the time the same sliall b> laid up in winter, he shall be liable to a p.nialty of Ibrty dollars for each oifence, notwithstanding his having obtained a license under this act. 2 And such license shall not be affected by any muni- cipal by-lavy prohibiting the sale of spirituous, vinous or lerraented liquor in any municipality through or in which such steamboat or vessel may pass or be. 4. LIABILITIES RESULTING FROM IMPROPER SALE. 35. Whenever in any inn, tavern, or other house or place Liability of 01 public entertainment, or wherein refreshments are sold ''>"-''««po" or or in any place wherein intoxicating liquor of any kind i.s tSlly. sold, whether legally or illegally, any person has drunk to ,*'=■' ^'"' «''"' excess of intoxicating liquor of any kind, therein furnished p^r::r;ho to ft im, and while in a state of intoxication from such '^"'"'"° '"to^i- drinking has come to his death by suicide; or drowning, :ot^irs'uici.,e or perishing Irom cold, or other accident occasioned bv such <» i"""'*'' <■'•"" intoxicaHon, the keeper of such inn, tavern, or other house """' *" or place of public entertainment, or wherein refreshments are sold or of such place wherein intoxicating bquor is sold, and also any other person or persons who, for him or in his employ, delivered to such person the liquor whereby such intoxication was caused, shall bo jointly and severally (sofidnireinenf) liable to an action as for personal wrong if brought withm three months thereafter, but not otherwise by the lepl representatives of the deceased person ; and such legal representatives may bring either a joint and pHwL.''''*'''"fT'"'* ^V^u ""' ^. '"P^"''*'^^ ^'^t''^" against Action against either or any of them, and bv such action or action^ may ">«■>»• .recover such sum not less than one hundred nor more than one thousand dollars, in the aggregate of any such actions as may therein ha assessed by the court or jury as damages X 16 License Act, Perioni who furnith the liquor liable far uiault 30. If a person in a state of intoxication assaults any poison, or injures any property, whoever furnished him ■ tad b ^^*^ ^^^ liquor which caused his intoxication, — if such r^'rsonthor^- furnishing was in violation of this act, or otherwise in vio- bjr intoxioated. lation of law, — shall be jointly and severally (solidairement) liable to the same action by the party injured as the person intoxicated may be liable to; and such party injured, or his legal representatives, may bring either a joint and several action against the person intoxicated and the per- son or persons who furnished such liquor, or a separate action against either or any of them. lluiband, wife, Ac, may noti- fy, lellora of Kquor not to furnish it to any peraon addicted to drinking. Liability of pertiona su noticed. 37. The husband, wife, parent, brother, sister, tutor, guardian, or employer, of any person who has the habit of drinking intoxicating liquor to excess, or the manager or person in charge of any asyhim or hospital or other chari- table institution in which such person resides or is kept, or the curator of any interdicted person, — or the parent, brother, or sister, of the husband or wife of such person, — or the tutor or guardian of any child or children of such person, — may give notice in writing, signed by him or her, to any person licensed to sell, or who sells or is reputed to seP, intoxicating liquor of any kind, not to deliver in- toxicating liquqr to the person having such habit ; and if the person so notified do at any time within twelve months after such notice, either himself, or by his clerk, servant or agent, otherwise than in terms of a special requisition for medicinal purposes, signed by a licensed medical prac- titioner, deliver, or in or from any building, booth, or place occupied by him, and wherein cr wherefrom any such liquor is sold, suffer to be delivered, any such liquor to the person having such habit, the person giving the notice may in an action as for personal wrong, (if brought within six months thereafter, but not otherwise,) recover of the person notified such sum not less than ten nor more than live hundred dollars, as may be assessed by the court or jury as damages ; and any married woman may, notwith- standing article one hundred and seventy-six of the civil code, bring such action in her own name, without autho- rization by her husband ; and all damages recovered by her shall in that case go to her separate use ; and in case of the death of either party, the action and right of action given by this section shall survive to or against his legal representatives ; provided that the identity of the person to whom such liquor is sold be known to the party selling at the time of sixch sale and delivery. u^uo^Mid"^"' ^^' Any payment or compensation for liquor furnished contrary to iu contraveutiou of this act, or otherwise in violation of this act may \Q,^^^ whether made iu money or securities for money, or iu pp recoTOro , f ,f > » » Married women may bring aotioni for diiiiiagPB. 17 assanlts any uruished him tion, — if such erwise in vio- (soHilairement) as the person ty injured, or a joint and and the per- or a separate sister, tutor, IS the habit of 3 manager or r other chari- es or is kept, jr the parent, uch person, — idren of such ijr him or her, is reputed to o deliver in- habit ; and if wrelve months rk, servant or equisition for medical prac- ooth, or place )m any such liquor to the ig the notice )ught within L'cover of the lor more than the court or nay, notwith- X of the civil ithout autho- re covered by lud in case of ^ht of action inst his legal the person to ,rty selling at lor furnished i violation of money, or in License Act. . labor or property ol' any kind shall bo held Id have boon rect'ived without any consideration, and against law, eciuitv and good conscience,— and the amount or value thei-eof may be recovered from the receiver by the party who made the same, or, if he be a minor, by his father or tutor or, It he be interdicted for any cause whatever, by his curator, and all sales, transfers, conveyances, liens and securities oi every kind in whole or part made, gi-anted or given, for or on account of liquor so furnished in contra- vention ol this act, or otherwise in violation of law, shall be wholly null and void, save only as regards subsequent purchasers or assignees for value, without notice ; and no action ol any kind shall be maintained, either in whole or in l)art, for or on account of any liquor so furnished in contravention oi this act, or otherwise in violation of law. 5. WHOLESALE OF SPIRITUOUS LIQUORS. 38«. (Being sectUmn of the act 36 T., c.Z; «,s «»,eW6Y/ 6y Nono but dT K, r. 3 .V. 15.) No person other than a holder of a!?'^"'"'^ avern or shop license under the Quebec License Act, shall '=-1^^ sell, vend or barter, brandy, rum, gin, whisky or any other "r"' .T.^"'"' vSZff '^""\^";'' "^^' .^?r' r'''^ ^^^^^ ^^ -»y other 'Chrx' vinous or lermented liquor (all which are included in the"""""'" Tult " ??m'-''*'?u' ''"'''"' .^' ^"^"^ni^^ted liquors when used n this act, ) in the quantity ^i, or in a greater quantity than throe gallons or one dozen l>ottles at any one time witliout a license as hereinafter provided. mb. (Being section 13 of Ike act 36 T., r. 3 ; us amended by Penalty for 'ii v., c. 6,s. lb.) It any person other than a holder of a >"'"'■'»«'''""''' tavern or shop license as aforesaid, sells, vends or barters tTor''"* "'• any spirituous, vinous or lermented liquor in the quantity ol, or ma greater quantity than three gallons at any one time, without the license required by this act, or contrary o Its true intent and meaning, such person shall incur J penalty of fifty dollars for each such offence, to be recovered in the same manner and with the same effects as the fine imposed by the second section of the Quebec License Act. a^r•. (Being section 14 • shall m all things well, truly and faithfully behave and «i, f I • i"^^'"^ recognizance the revenue officer or per- son taking the same shall cause to be made in duplicate and one duplicate shall be transmitted to the trea.surer a, d heother shall be left in theoffice of the revenue officer and the revenue officer shall cause any such suretrto make oath before him of his sufficiency as such surety. 3. OBLIGATIONSAND RESTRICTIONS OF PERSONS TJCENSED. '13. No licensed auctioneer shall employ any assistant No assistant, agent, servant or partner to sell by auction for him unless t^' "1 "" r his license includes and names suci assistant, agent servan --' '^ oi partner or unless he has obtained a separate license au """•" thonznig him to employ such assistant, agent ervant or «k' mod Tl r^ ^«.»traventio„ of this 'section shall be eemod a contravention of section forty andsubieot him to the same penalty; but any auctioneer changin'rin; 1^£ ant^ agent, servant or partner named in a license Lm by him, may, on payment of alee of one dolhir to th ^^Z officer, have the name of such assistant, agent, ., >r-ae. coSgfy^'^'"'' ^' ^'''"''' '"'^ '"'^ ^^^^^^^^^ - ■ ^^■ .,f,'!f?'clcer^d"'''l1 '"' ^] ^■' '■ ^' '■ '-^ ^'^''^^ ^' h«'ei»- ^«'*^- •»"'' ,.,f,, f^ , ■. ^°'''^^' ^^'"■*''^' "lerchandize and oHects '" »« '"'"•''o" ^ in(.( , and sold to the Inohosi biddor, shall be subioct t^o a CorlKin gcoJa eioniptotl. SaIcd fur luu- nioipal taxet; Pales in rural Jiatricts ; ^" License Ari. duly of oi.o dollar for ovory hundred dolla-s of the price at wliich fht-y are sold, and at and aftor the same rate lo; every jfreater or Ipsh Hum, which duty shall bo retained, and paid to the proper revenue officer hy the auctioneer bv whom the sale is made, out ol' the proceeds of the sale, in the manner hereinafter mentioned, nnd at the costs of the seller unless it be expressly stipulated that the same shall be at th(5 cost of the Imyer, and so added to the amount bid by him ; 2 But goods or ellects belonging to the crown, and all goods or ettects seized by any public oiflcer in execution or under process of any court, or as being forfeited, and all goods and eifects of deceased persons or appertaininr, to any dissolution of community, or belonging to any church. Of to be sold ior religious; purposes at any church door, or contributed to any bazaar held for charitable or viigious purposes, shall })e free from the duty aforesaid, and may be sold hj auction without a license ; 3. ^ or shall any duty be payable on sales by auction for municipal iz.xot, under the municipal code or anv act re- specting municipalities ; 4 Nor shall such duty be payable on sales by auction, held m the rural districts, but not for trading purposes, either by the inhabitants selling their furniture, grain, cattle and realestate or chattel property, other than merchandize or stock in trade, when changing their residence or finallv disposing of the same, but when selling off surplus stock or eltects ; a. Nothing in this section shall be held to exempt from Ihe said duty any sale by auction of goods, effects or pro- perty ot any kind, belonging to any insolvent's estate, and P , Ji«^''"^''l^™'^>' ^''^*^- ^^^ Pi'OA-isions of the Insolvent Act or 18b J, or ot any act amending or superseding the same. mr„tand «-■ ^i" ^^Y^^T licensed auctioneer shall, under a penalty of count to bo une hundred dollars, enter and. keep in a book specially .i:};L'rl'"ndor'^«'^^^'^,*l ^J }}^\^^'- that purpose, a detailed statement and penalty. accouut ol all salcs made by him ; which statement and ac- count shall be made in such :>)anuer and Ibrm, and shall give such mlormation as the M-n-surev may, fro-i «jme to time, determine or require, ^u ^ no^ .hall be open at all times to the inspection of the reveuue olticer or his deputy or any person authorized by the treasurer lo inspect the sarne and any auctioneer refusing, preventing, obstructing, °p S^^f i? ^"°^*^ *"y such inspection shall incur a penalty ot htty dollars for each such offence. ^"t:;!:of ^.^^ Every auctioneer, qualified and licensed as in this IICCIB, on tile tioneer. ^^^^ ol wlucli a dutv IS imposed by this act, shall, within Tnfolrent pales subject to duty. 1 of th«> price same rate I'o; ! be retained, auctioneer by t' the sale, in I costs of the le same shall le amount bid own, and all execution or ;ited, and all pertaining to t any church, urch door, or or • liQrious and may bo y auction for any act ro- by auction, rposes, either 1, cattle and rchandizo or ice or finally 'urpluK stock xempt from fects or pro- 3 estate, and usolvent Act ? Ihe same. I penalty of )ok specially tement and nent and ac- m, and shall Iro'^ *jme to e open at all his deputy, I inspect the obstructing, ur a penalty I as in this ! auction or 3ctB, on the lail, within tirenne Act. u the first ten days of each of the months of January, April July a^d October in ea^^h year, pay over to the proi>er revc^ nue officer or to some ^yerson by him authorized to receive the same, all moneys then due by him for duties under this act, and shall furnish to the said revenue officer, or the person so authorized, a true return in writing, siirned by sue. auctioneer or his chief clerk, agent or i)artner. stating the amount of all goods, wares, merchandize and ettects on the sale o. which a duty is imposed, by him sold during the period lor which no return has been previously nmdered stating also the amount of each day's sale, the amount of each total sale made for any one person, firm or estate, and the name ot each such person, firm or estate. 2. If no sale has been made during the said period byReiumifno such auctioneer, he shall make his return to that effect • ""' ' ''"" ' "'"" 3. Such return shall, in either case, be attested by'the Ke'tn ...bo person making the same, on oath (or affirmation) in the fol- <«"'7 ««"icd. lowing form : — ,, "/• , , do solemnly swear (or affirm) that the Oath. return now exhibited by me, and to which I have sub- ■ «cnliea my name, is true and correct in every particular, tnat 1 have not omitted to give an account of the amount ^^ ol any goods, wares, merchandize or i^ffects sold by me (or u^ -i ■ , . "•■* '''* ^^'"^ "'".y *^-) within the time men- u J r "J. . ^^^^ retnm, and subject to duty on such sale, and ol the days on which the t^ame were respectively so ^ sold, and that I shall true answers make to all such ques- tions as may be put to me concerning the said return : bo help me God ;" And the said revenue ofllcer or the person so authorized n«foro whom, by hini may jceive and administer the said oath or affirm- ation, and may put such questions to the person takino- the same lui he may think proi)er touching the said return" 46. If a auctioneer refuses or neglects to furnish such Pon^'^y «" return, or to cause the same to be furnished in the manner 'e'l^cSo required by this act, according to the true intent and mean- - 'I"'u?h" ing thereof, or to pay to the proper revenue officer at the '""'^'"^"'• times hereby required, all moneys due bv him on account of such sa OS, he shall incur a penalty of twenty dollars for each day during which he shall have so refused or neglect- ed, and the moneys due for any such duties may be recov- ered with costs, together with and by the same prosecution as the amount of the said penalties ; and the said revenue ^^P^^,™^y also cause a notice to be inserted in the Quebec IPf'.T /f .'^/.^^ declaring the person so in default to have forfeited his license as an auctioneer, and such license shall be forfeited accordingly, and shall be thereafter of no effect, nor sliall any new license be crranted to simh /lafpnifn,. ,^,5til such forfeiture and debt have been paid and satisfied. 32 License Act. III. PEDLERS. JIawkcrs, poJIora, Ac , to takft out a licenso. Penalty on pedlers, &<:., trading with- out license. But oniployoes of Religious or benevolent societies need not bo licensed. The sale of ocrtiiin artioles c.xoinptod from tlio operation of tliis act. Ant not to nx- tend to sales in town markets, pi)lieo rogiilji- lion.s being complied witli. 1. PENAL PROHIBITIONS. 47. No hawker, pedler, petty chapman, or trading per- son or persons going from town to town or to other men's houses, and travelling either on foot or with horse or horses, or otherwise within this province, carrying to sell or ex- posing to sale any goods, wares or merchandize, shall carry on their trade or calling without a license. 48. If any hawker, pedler, petty chapman or other trad- ing person travelling as aforesaid, is found so travelling, without such licence, as aforesaid, or otherwise than as allowed by such license,hesh8ll, for each such offence, incur a penalty of forty dollars. 40. Nothing in this act shall render it necessary for per- sons in the employ of any temperance, benevolent or religious society in this province, to take out licenses as hawkers or pedlers, in order to enable them lawfully to soil and peddle temperance tracts and other moral and religions publications under the direction of such society. 2. Nor shall this act prohibit any person irom selling any acts of the legislature, prayer books, or church cate- chisms, proclamations, gazettes, almanacs or other printed papers licensed by authority, or any fish, fruits or victuals, nor hinder any British subject residing within this pro- vince who is the real maker or worker of any goods, wares or manufactures, other than drugs, medicaments or patent medicines, or any children, apprentices, agents or servants of such British subject, from carrying abroad, exposing to sale, and selling by retail or otherwise, any of such goods, wares and manufactures of his own making, in any part of this province ; nor any tinkers, coopers, glaziers, harness menders or other persons whatsoever, usually trading in mending kettles, tubs, household goods or harness, from going al>out and carrying with them proper materials for mending the same, without having a license as aforesaid ; nor shall this act prohibit.hucksters or persons having stalls or stands in the markets in the cities or towns, from selling or exposing to sale without havuig a license as aforesaid, any fish, fruits, or victuals, or goods, wares and merchan- dise, in such stalls or stands, they complying with the rules and regulation of police, established in such towns respect- ing such stalls and stands by the proper municipal authorities. Pr^ieF, 56., 50. Nothing herein contained shaii prohibit or prevent ^r?ftn"'"^ niiy "^U'-h hawker, pedler or petty chapman from having iJiitr*.-. rading per- )ther men's se or horses, sell or ex- , shall carry other trad- travelliug, se thau as i'euce, incur ary for per- [levolent or licenses as fully to soil lid relif^ous om selling lurch catc- her printed or victuals, lin this pro- oods, wares s or patent or servants exposing to such goods, any part of ers, harness ' trading in moss, from aaterials for 3 aforesaid; aving stalls from selling s aforesaid, i merchan- ith the rules ^^ns respect- municipnl or prevent ■om having License Act. 23 and employing a servant to accompany him, for the sol»' purpose of carrying or assisting to carry his packages of goods, wares and merchandise, without taking out or pav- ing lor a license lor any such servant so accompanying him. 51. {Repealed by 36 V., c. 3, s. 2.) 2. OBLIOATIONS AND RESTRICTIONS OF PERSONS LICENSED. aa. If any person so travelling with a licens»>, upon de- I'^n-'iy -n manrt beii.g made by any revenue officer, justice of ih.. I"^""?"" i""- peace, officer of militia, constable or peace officer oi the af^V'"" """^''' trict, county, town or place where he so trades, refuses to produce and shew his license lor so trading, or has not his license lor so trading ready to produce to such revenue officer, .justice of the peace, officer of mixiiia, constable or peace officer then the person so refusing or not havino- his license, shall incur a penalty of forty dollars. ° ff3. Any revenue officer, officer of militia, constable or I'-ooeCi,,,, i„ peace officer, may seize and detain any such hawker nedler "'■"" I""""''' petty chapman or other trading person as aforesaid, Ibu ad ^^d^Ir '° lauing without a license, or who being found tradino- iv- »«"»»"• luses or neglects to produce a license, after being required so todo for a reasonable time,— in order to his being carried (unless in the meantime he produces ^is license,) before two ot Her Majesty s justices of the peace, the nearest to the place where such otfence is committed, and to his being forthwith prosecuted for such offence ; but he shall not be so detained without warrant for a longer period than forty-eight hours. 34. Without prejudice to the provisions contained in the (ioojs aud loregomg section, anyrevenue officer or any officer of militia «'>"ttei«of constable or peace ofecer may seize the goods and chattels ^Z^^Xl:^ of any hawker, pedler, petty chapman or other person tratl- » tions j Description of Teisela ; The tolU ! And for en- foreiog the (am*; Timoi of cross Porfoitnre of license ; Penalties. License Act this act ; and of such further penalty as may be fixed by any regulations to be made in the manner hereinafter provided. 64. Nothing in the foregoing section shall extend to the owner or master of any vessel plying between two ports in this province, or regularly entered or cleared by the officers of Her Majesty's custons at any such port, or in any way to affect any privileges granted by the legislature either of the late province of Lower Canada or of this province, to the proprietor of any bridge, or to any railway company, or other road company. 2. CONDITIONS PREVIOUS TO OBTAINING LICENSE AND OBLIGATIONS AND RESTRICTIONS OF PERSONS LICENSED. es. The lieutenant-governor in council, may make, and may from time to time repeal or alter such regulations as he deems expedient, for any of the following purposes, that is to say : Firstly, For establishing the extent and limit of all or any such ferries as aforesaid ; , j • Secondly. For defining the manner in which the condi- tions (including apy duty or sum to be paid ior the license) under which, and the period for which, licenses shall be granted in respect of all such ferries, or any one or more of them; Thirdly. For determining the size and description of the vessels to be used on any such ferries by the persons hold- ing licenses in respect thereof, and the nature of the accom- modation and convenience to be provided for passengers carried in such vessels ; Fourthly. For fixing the tolls or rates at which persons and chattels shall be carried over such ferries, and the manner and places in which such tolls or rates shall be published or made known ; Fifthly. For enforcing the payment of such tolls or rates by the persons carried, or for whom chattels are carried, over such ferries ; Sixthly. For regulating the conduct of persons holding licenses in respect of such ferries, and for fixing the times, and hours and parts of hours, during and at which vessels employed on such ferries shall cross and re-cross, or depart from either side of any such ferry, for that purpose; Seventhly. For annulling and declaring the forfeiture of any such feny license in consequence of the conditions thereof, or any of them, not having been fulfilled ; Eighthly. For impoiring penalties not. exceeding ten do! late ill any en-"-*", ini' the. violaliou of ^ " "'' ' and ail such regulations shall, during iiiiv Kuch rcmilation ; — the time for which k:!iiw» ixed bjr any jr provided. ctend to the wo ports ill ' the officers any way to either of the ince, to the ompany, or EN8E AND LICENSED. make, and ^Illations as arposes, that of all or any 1 the condi- the license) ses shall be e or more of ption of the lersons hold- •f the accom- r passengers lich persons ies, and the ites shall be tolls or rates are carried, sons holding ig the times, /hich vessels ss, or depart pose ; forfeiture of e conditions od; ling ten dol- ('jTulation ; — for which License Act, 2/ they are intended to be in force, have the same fo.ce and effect as if contained and enacted in and by this act. 66. The provincial secretary shall canse all regulations Regulation w made as aloresaid to be published in the English and '"' puWi'iied- French languages in the Quebec 0/ficial Gazett°, at least three times during the three months following the date thereof, and any copy of the said gazette containing a copv of such regulations, or jiny of them, shall be evidence of such regulation or regulations. 67. No license for any such ferry shall be granted for a No Hoen«e fo* longer period than twelve months, except by public com- '"''" """> ^^ petition, and to parties giving such security as may be i£o?""' '""''* required by the lieutenant-governor in council, after notice inserted at leajjt four times in the course of four weeks in the Quebec Qlfidal Gazelle ; and in one or more newspapers published in the district in which such ferry is situate, and if no newspaper is published in such district, then in the nearest district in which a newspaper is published ; nor shall any such ferry be leased or a license therefor granted for a longer term than ten years at any one time. 68. The owner, master or person in charge of any vessel Liability of used for the purpose of carrying any person or chattel PhaZo" over any such lerry as aforesaid, shall be deemed to have ^""7. ^^* n i!^' 1* ferryman within the meaning of this act, and shall be liable to all the penalties hereby imposed if he contravenes this act in so acting. VI. PAWNBPtOKERS. 1. PENAL PROHIBITIONS. _ 69. No person shall exercise the trade of a pawnbroker Pawnbrokeri m this province without a license, and every pawnbroker '° 5° ""^n'^"** contravening this section shall incur a penalty of two hun-" '^°'"'' dred dollars for every pledge he takes without such license. rO. Every person who receives or takes, by way of pawn, Pawnbroker pledge or exchange, any goods for the repavment of money '^»^'""'- lent thereon, otherwise than in the ordinary business of banking or the usual course of commercial dealings between merchants or traders, shall be deemed a pawnbroker within the meaning of this act. 2. OBLIGATIONS AND RESTRICTIONS OF PERSONS LICENSED. • I ^O nOrUnil cl-inll V.TT -ri--^-,-, -y „X" !.• l .V "• ""^ J., ..,.„u, ... yiriiie ui uuc iiwiise, keep more A single tiian one house or shop, or place for taking in goods to pawn. "«"««• 2S Licetifte Act. tartD *i. ^a. Any number oi' persons carrying on trade as pawn- brokers in partnership in the same house, shop or place, need only take out a license for one house. Pawnbrokers 73. Every pawnbroker shall have a sign, with his name Hhaii exhibit a ^^^ ^^le /ord " pawnbroker " in large legible characters thereon, placed over the door outside of the shop, or other place used by him for carrying on such business. Penalty in 74. lu casc auv paM'ubroker neglects to have such sign o»8o of neglect, gp placed, he shall incur a penalty of forty dollars for every shop or place made use of for one week without having the same so put up. Ratca to be ex- hibited. Entries to be made by pawn' brulicrs. If aloTe two dullars U-ut. 75. Every pawnbroker shall cause to be painted or printed in large legible characters the rate of profit by law allowed to be taken, and also the various prices of the notes or memorandums to be given according to the rates herein- after mentioned, and an account of such as are to be given f^ratia, and of the expense of obtaining a second note or me- morandum where the former one has been lost, mislaid, de- stroyed or fraudulently obtained, and shall place the same in a con^spicuous part of the shop or place where the busi- ness is carried on, so as to be visible to and legible by per- sons pledging goods, 76. Every pawnbroker who takes any goods by v ,-, of ■ pawn or pledge whereon a sum above one dollar is J -, shall, before he advances or lends the money thereon, eu.dr in a fair and regular manner in a book to be kept by him for that purpose, a doscription of the goods received in pawn, pledge or exchange, and the sum lent thereon, with the day and year, and name of the person by whom pawn- ed, and the name of the street and number of the house, if numbered, where such person abides, and whether he be a lodger in or the keeper of such house, by using the letter L if a lodger, and the letter H if a house-keeper, and also the name and place of abode of the owner, according to the information of the person pawning the goods, into all which circumstances the pawnbroker shall enquire of the party before any money is advanced, and if the sum lent does not exceed one dollar, a similar entry shall be made within four hours after the goods have been pawned. 77. Every pledge upon which there is lent above two dollars, shall be entered in a book to be kept for that pur- pose, and to be kept separate from all other pledges, and every such entry shall be numbered in the book progres- sively as such goods are pawned in the following manner, viz : the first pledge that is received in pawn No. 1, the ,de as pawn- op or place, ith his name e characters op, or other IS. re such sign ars for every t having the 1 painted or )rofit by law ; of the notes rates herein- to be given I note or me- mislaid, de- ,ce the same ere the busi- fible by per- is by V , ; of oUaf is J ■, iiereon, en^jr [ept by him received in lereoii, with /vhom pawn- the house, if ;ther he be a r the letter L and also the rding to the nto ail which of the party lent does not e within four lit above two or that pur- pledges, and K)ok progres- k'ing manner, n No. 1, the License Ad. second No. 2, and so on until the end of the month, and so on m every succeeding month throughout the year, and upon every note respecting such pledge shall be written the number of entry of the pledge so entered in the book aforesaid. 78. At the time of taking any pawn, a note or memoran- ^<"« »• »>• dum, written or printed, shall be given to the person pawn- fJZ'" "*• mg, pledging or exchanging the same, containing a de- * scription of the goods pawned, pledged or exchanged, and also of the money advanced thereon, with the day of the month and the year, and the names and places of abode, and numbers of the houses of the parties, and whethei^ lodgers or housekeepers, by using the letters aforesaid, and upon such note or memorandum, or on the back thereof, shall be written or printed the names and places of abode of the pawnbroker, which note or memorandum the.party pawning the goods is required to take, and unless he takes led^*°^^' Pawnbroker shall not receive and retain the afo^e^ai^shallt ^l^a!^ ^'^^ °"^ ^^^^*^' *^^ -te.^ Wo, If the sura lent is one dollar or more, and under two dollars, the pawnbroker may take one cent • take Iwo ceit' : '"' °'°''' ^"^ "'''^'' ^'^^ ^°"^''' ^^ ^*y If five dollars or more, and under twenty-five dollars, he may take four cents ; ; If twenty-five dollars or more, he may take seven cents; ■ miv^mn^*' r^'^'^^'V^H' l^u^" '^^^'' ^"y ^ha^fe^« or receive No charge to any money or value for the warehouse-room or storao-e of "^ •»»<«• f»' any property pawned ; and every pawnbroker contravening JT/.? "' this section shall incur a penalty of twenty dollars. ),a1[.Kr^ ^''i^ '^i^}^"" produced to the pawnbroker before Th, note to u provided *° '*'-^^^^^^«'' *^« goods, except as hereinafter;;^-^ h^^%t^7r!'^i^^ ""^ ^A^ T? "?*^ ^' memorandum shall a dupiicaf to be affixed to the goods pledged, and in all cases where "^ »*"<» t- goods pawned are redeemed, the pawnbroker shall write "^• or endorse or cause to be written or endorsed on every duplicate, the profit taken by him for the pledge, and shall keep the duplicate m his custody for one year next follow- mg. pawned or pledged for securing money lent, the pawner, ''^^<^ 29 ?;• 30 License Act, •nd pawn brok«t refuiel to'reator*. M |t!! nithin k ye»r or Other pcr ioii Oil his behalf, tenders to the person who lent the mo..cy, the note or memoraaidxim required to be given by this act, and also the principal money borrowed, and the profit according to the rates allowed by law, and the person who took the goods in pawn neglects or refuses, without reasonable cause, to deliver back the goods so pawned, the pawner may make oath thereof before two jus- tices of the district or county where the ottence has been committed, and such justices shall cause such person to come before them, and shall examine on oath the parties themselves, and such other credible persons as appear before them touching the premises, and if tender of the note or memorandum, with the principal sum lent, and all profit thereon, is proved on oath to have been made within the time aforesaid, then on payment by the borrower of such principal money and the profit due thereon to the lender, and in case the lender refuses to accept therepf on tender before the justices, such j astices shall thereupon, by order under their hand, direct the goods so pawned forthwith to be delivered to the pawner, and if the lender neglects or refuses to deliver up or make satisfaction for the goods as such justices order, the justices shall commit him to the common gaol of the district or county where the offence was committed, until he delivers up the goods according to the order, or makes satisfaction for the value thereof to the party entitled to the same. HoH«rofnoto g^ rpj^^ persou who produces the note or memorandum «d owner!' * " aforesaid and requires a delivery of the goods mentioned therein, shall be deemed the owner, so far as concerns the person who has the goods in pledge, and the pawnbroker, on receiving the principal and profit aforesaid, shall deliver the goods to the person producing the note or memoran- dum, and he shall be indemnified, unless he has had notice in writing from the real owner not to deliver the goods to the person producing the note or memorandum. Proeeedings if pxwnbroker notified not t* deliTtr. 85. In case a pawnbroker has had such previous notice, or in case the note or memorandum has been lost, mislaid, destroyed, or fraudulently obtained from the owner, and the goods mentioned therein are unredeemed : 1. The pawnbroker with whom the goods have been pledged, shall, at the request of the person who represents himself as the owner thereof, deliver to such person a copy of the note or memorandum, with the form of an affidavit of thfe particular circumstances attending the case written thereon, as the same are stated to him by the party apply- ing for the goods ; 2. The person receiving such copy and form of affidavit shall thereupon prove his property in or right to the goods le person who ?quired to be uey borrowed, d by law, and ects or refuses, the goods so before twojus- ence has been ich person to ath the parties 3 appear before of the note or and all profit a.de within the •rower of such to the lender, repf on tender upon, by order !d forthwith to er neglects or r the goods as lit him to the (re the offence is according to ; thereof to the memorandum ods mentioned IS concerns the e pawnbroker, d, shall deliA-er i or memoran- has had notice r the goods to im. >reviou8 notice, a lost, mislaid, he owner, and I: ids haA^e been who represents I person a copy of an affidavit B case written le party apply- Drm of affidavit ht to the goods 31 ex- Tiew. Licenxe Act. to the satisfaction of some justice of the peace, and shall also make oath to such affidavit, before such justice, of the truth of the particular circumstances attending the case therein mentioned ; 3. The pawnbroker shall then , suffer the person proving such property to redeem tie goods on leaving such copy of the note or memorandum, ?nd the affidavit with him the pawnbroker ; 4. In case the money lent does not exceed one dollar, the pawnbroker may receive for such copy and affidavit two c^nts ; if above one dollar, and not exceeding five dollars, four cents ; and if above five dollars, five cents. S6 All pawned goods shall he deemed forfeited, and when good, may be sold at the expiration of one year from the time of'"*^'""<»'"i- pawning the same, exclusive of the day on which thev were pawned. When the sum lent exceeds two dollars, the pawnbroker At public shall cause the goods to be sold at public auction, and not *""'''"'• otherwise. 87. Before such public sale, the goods shall be exoosed Before i»ie, to public view, and a catalogue thereof published, contain- «°°*'' *« ^ ingthe name and place of abode of the pawnbroker, a'"'"'**'' description of the goods separately, the month the goods were received in pawn, and the numbei of the pledge ; and an advertisement giving notice of such intended sale', and containing the name and abode of the pawnbroker] and the month the goods were received in pawn, shall be' inserted on two several days in some public newspaper two days at least before the day of sale. ■ * 88. Incase the goods be not described separately in tbepen»itrfornot catalogue, the pawnbroker shall forfeit to the owner of the P'oporiy dei- pledge not less than eight dollars nor more than forty ''"'""*^" dollars, to be recovered in the same manner as penalties under this act. 89. Every pawnbroker shall enter in a book, to be kept Aoeennt of lor tliat purpose, a just account of the sale of such goods "'•' »• ^ by auction, expressing therein the day of the month thet^M* same were pledged, the name of the person who pledged the day when, and the money for which each pledge was sold, and the name and abode of the auctioneer. 9» In case such goods have been sold for more than Di.p«.«i of was due thcroon, and in case of demand within three '"?'"• years after the sale, the overiilus shall, after deductino- th« necessary costs and charges of the sale and catalogues, be paid to the person by whom or on whose account the goods were pawned. 32 P»WaW IBM iMtriM. latpMli CoBM^uane* of T«fus»l to p«rtDlt License Ad, 91. The person who pawned . ch gootlB, or the person for whom thoy were pawned, lihali bo ix'rraittiHl to inspect the entry made of such sah', on paying five cents for the inspection. 99. In case the pawnbroker refuses an inspection of such entry to the person who pawned the jifoodH, or to his executor, adminiNtrator or u siffnoo, upon the production of the letters testamentary, letters of administration or assignment, or ii iise the goods wore sold for more than the sum entered in such book, or in case the pawnbroker did not make such entry, or did not bond fide sell the goods according to this act, or refuses to \my the overplus on • demand, no shall incur a penalty of forty dollars, and forfeit tn^ble the sum the goods were originally pawned for, to the person by whom or on whose account they were pawned, the whole to be recovered under this act, in the same manner as penalties. p»wnbrokort 03. No pawnbroker having goods in pledi?!^ shall, either ehli^g^f by himself or by any other person for him, except at public •sotpttt auction, purchase such goods during the time they remain •xotpt Bt auction, purchase such goot pubilo.u«uon. .jj j^j^ custody, as a pledge. RMtrictiom. 94. No pawnbroker shall, — 1. Purchase, receive or tako any goods in pledge, from any person who appears to be under the ag(( of fifteen years, or to be intoxicated with liquor ; 2. Nor purchase or take in pawn, pledge or exchange, the note or memorandum aforesaid of any other pawnbroker ; 3. Nor employ any servai.t or other person, under six- teen vears of age to take any pledge ; 4. Kor receive any goods by vay of pawn, pledge or ex- change, on any Sunday or holiday at any hour, nor, on any other day bofore eight o'clock in the morning, or after eight o'clock in the evennig, except on Saturday evenings, and the evenhigs preceding Good Friday and Ohristmas-day, at which last times the pawnbroker may keep his place of business open until ten o'clock in the evening. 9»F. In case it appears or is proved on oath before two justices of the peace, that the goods pawned were sold before the time limited, or have been embezzled or lost, or lave become of less value than when pawned, through the neglect or wilful misbehaviour of the pawnbroker or his servants, the justices shall award a reasonable satisfaction to the owner in respect of such damages. If goods lost or dkinkgod. Aw»rd. aemitionof pyj^cipa] and profit due to the pawnbroker, the pawner Lii'ensfi Art. or the person LUhI to inspect cents for the inspection of ooiIh, or to his ho production linistrntion or for moro than B pawnbroker Hell the goods 10 ovorpluH on urK, and forfeit awnod lor, to nt they were his act, in the lyo tthall, either tcopt at public e they remain I pledge, from Df liftoon years, r exchange, the p pawnbroker; on, under six- 1, pledge or ex- ur, nor, on any !^, or after eight evenings, and iristmas-day, at sp his place of ath before two ned were sold szled or lost, or ["d, through the mbrokor or his e satisfaction to I- nTnr»niif tii fViA S3 may pay or tender the balunee ; uner 5"""'"" '"•* necessary, which is or ought t<. I.e in the han.ls, custody or "" ' power of any pawnbroker, they shall summon him to attend with the same, and the pawnbroker shall be Ijound to pro- duce the same m the state ii whi.h it was when the pawn was received, and in case the pawnl.rokcr neglects or re- lup»»s to attend or to produce the same in true and ]>erfect state, he shall, unless he shews good cause to the satisfaction of the justices, incur a penalty of not less than twentv dol- lars nor more than forty dollars. 0» Kvrry book which anv i^wnbroker in recpiired lo Bwik. .,f miry keep l)y this act and every entry therein shall be open to,'"*"":!'"""; the inspection of the revenue oIKcer, to whom they shall heuTnT^^'L I)roduced, on demand, by such pawnbroker; and such revenue olHcer may, at any time, during Jmsiness hours enter the shop or offict; of any pawnbroker and inspect the same and the books thorein. IJ>0, If any person knowinuly and designedly pa.wnH i'«n«Hy f-r l)ledoeH or exchanges, or un lawfully disposes of the goods Tu"'*"**" of any other person, no! being employed or authorized by the owners so to do, any two justices of the. jjeace resident nearest to the place where the offence ha*i been committed may grant their warrant to ap|)rehend the offender ; and if ho IS thereof convicted, ho shall incur a penalty of not more than twenty dollars, nor Icks than lour (lollars, and shall also forfeit the value of the goods pawned, which A alue shall bo paid to the owner of the goods, aud inav be pi-osecutcd for and recovered, touelher with and in' the same maimer as the penalty. 1101. If any person knowingly buys, or takes in pawn, or Con.,«q „,„.,. exchange, Irom any .iourneyman mechanic, any goods of' •»''*"s any manul^acture. or of any part or branch of any maiiu- >::::?]a'u"r;." _ .p-f.nri. .-.,.. .--.v i,ji;^e(j oi- huimrate, or any materials plainly ■'*"■ ..U\ er, the pawner J intended lor manufacturing any goods after such goods or ,.*i; •« License Art. matoriivls havt^ heeu i>ut into a state lor any process or operation to t)e thereupon or therewith performed, and l)e- lore such goods or materials have been iinished for the purpose of wear or ronHumption, or any goods, materials, Imeu or apparel which have been entruNted to any person to wash, Hcour, iron, mend, manufacture, work uj) finish or make up, and is convicted therecf, he shall forfeit the sum lent thereon, and forthwith restore the said goods or mate- rials to the lawful owner. hy'^wnenot *•*• I^' the owiier of goods of any manufacture, or of anv rwtd.'""'"' P*''^ '''' ^'•awch of any manufacture, either mixed or separates or any materials plainly intended for manufacturing any goods, alter such goods or materials have been put into a state lor any process or operation to be thereupon or there- with perlormed, and before such goods or materials have been fanished ior the purpose of wear or consumption or ol any linen or apparel which has been entrusted to imv person to wash, scour, iron, mend, manufacture, work up finish or make up as aforesaid, or any other goods what- soever, which have been unlawfully pawned or exchanged makes out either on his oath or by the oath or solemn alhrmatiou of one witness, before two justices where such oflence has been committed, that there is just cause to believe or to suspect that any person has taken to pawn or exchange any such goods without the owner's knowledge, and mak.^s appear probable grounds for such suspicion, such justice may issue a warrant for searchino- within the hours of b isiness, the books, house, warehouse or any other place oflhe person so charged as suspected ol having received t,le same without the piivity of the owner, and if the occupier of such place, upon request made to him by any peace officer authorized to search, reluses to exhibit his pledge books, or to open such place us required, to i)ermit search to be made, the peace officer may break open the house, warehouse or other place on the said premises within the hours of business, and search as he may thmk fit lor the goods suspected to be there, takinjr care to do no willul damage, and no person shall oppose the same. ■* ^ "raud!""" '?*• ^^ ^^*^'' T'^ '•«f"«^il ^»d upon forced search, any goods so pawned or exchanged as aloresaid are found and the property of th.- owner is made out to the satisfaction of the justices, by the oath or solemn affirmation of one wit- ness or by the confession of the person diarged, the justices shall cause the goods io be forthwith restored to the" owner and the occupier si II incur a penalty of not less than ei"-ht i.or more than twenty dollars. " Search warrant te^*. License Act. any i>roci»ss or armed, and l)e- inished for tho cods, niati'vialM, to any person )rk u[), finish or forfeit the Kum goods or mate- cture, or of any jct'd or separate, ul'acturing any l>e«'n jmt into a apon or there- materials have )nNun)ptiou, or itrusted to any ure, work uj), ' goods, what- l or exchanged, lath or solemn us*;ices where > is just cause has taken lo t the owner's unds for such t for searchuig ase, warehouse . as suspected pHvity of the upon request ized to search, buch place as ' peace olficer }r place on the and search as i there, taking . shall oppose i search, any re found, and satisfaction ol' I of one wit- 'd, the justices to the owner, less than eight 85 104. The provisions of this act in so far as thAv ral«#« +« * . . nawners unA tMiwn ).•.»!, u n , , "^^V '6Jat© to Act to aitcnd pawners ana pawnbrokers, .shall extend to the executors '" •"""to", udmunstrators and assigns of every deceased pawnbroker tTt'^' itnd also t<. he tutor, curator, executors, admiuiltrTtors and HHsigns of the pawner, but such tutor, curator executor udnnnistrator or assign shall not be answerable for anv jH ml y nersonally or out of his own estate, unles: inc^rTeJ HWI. Every pawnbroker contravening any of the 8 of this act shall, if no other penaltjis here' l)re88ly imposed, incur for ■ ' visions of this J^ro- P«n«It> on in <«T l^wnbrokort '" * * oontravoning. i;;m^^ ^Cy'doE ''' '"'''' ""^'^ contravention, a VII. GUNPOWDER. 1. PEN.4L PROHIBITIONH. forTe sforaCo^Jv^n" ^7^' ""' -T '^"^ Powder-magazine Lico„„ .- 1 LI storage of gunpowder, without previously obtaining i"'"'' *■»' a license ; and any person kp..r»J»n. ^,. „„; ^ ""8^ ioeping now- m»sa.me without CriS *,h„,l SrT/""'''"" """"""• P-'lialty of Hvo hundred dolC ' "'"' '"'>' ' m,3g o^^iili tt'"""'" " ■>-i«-»»«-"etrthr"tt -"■—'"• IS thereof ^ "'"' Montreal, not within fiveE""""'- po'*r ™le^X"ht°l' "■'• r^'t^ f"' »»''•• ""y g««- ■.'."..'" in;^r™r;rh?iaV„t'r;s : i'™^^^^^ -n.a,a,go'Vluify':?'',',;',?^:t;Vh^^^^ weight ; and every person so keepins an v les rmT ff t S-"*" "" ""' ^"crtVaU .'?',''■; '"T '"'^''^'^ "P '■-•new l^r or case, and at a safe distance from any lamn candlo o-o. ''*■',')( 36 Ant not to iiiply to Uer HNJesty. Lii'etise Acf. 111. This act shall not apply to nor affect any magazines belonging to Her Majesty, nor to the conveyance of gun- powder and stores to and from Her Majesty's i agazines by Her Majesty's forces on military service. 2. CONDITION-^ PREVIOUS TO OBTAININO LICENSE. No lioeme un- ||^. No license .shall be granted for the storage of gun- Inahf re-"* powder unless the officer gTanting the same shall know by Huireddeiorip- personal inspection that the magazine in which the same is to bo kept i.s of the description required by the following section. tion. De«cri|.tion of US. Everv povvder-magazine shall be of the following Pi7,:'""-°''«'- description:— 1. It shall be Imilt of stone, of the thickness of at least two fee*^, and be covered with a fire-proof roof, made of metal and attached to the building by no other means than its own weight ; 2. It shall be suriwinded at a clear distance of at least ten feet, by a wall of stone or brick at least ten feet high, coped with stone, and having but one opening, the door in which shall be covered with brass, copper or zinc, and shall be so located as not to face any public road or the side of the ma- gazine in which its entrance is situated ; 3. No other mat(M-ial shall have l)eeu used in its construc- tion, nor in that oi ihe surrouiuling wall, than stone, brick, copper, brass, wood, ghiss, tin, slate, xinrj, or leather; 4. It shall have but one entrance to which tw^o doors shall be fixed with copper fastenings, one on the inside and the other on the outside ol' the wall, and ))oih made of or covered with bra.^s, copper or zinc ; 5. The floors shall be tongued and grooved, close-jointed and tight, and every portion thereof that can be walked on or stepped upon shall be covered with hides ; (5. It shall be furnished with two lightning-rods, to be approved of by the revenue oliicer. •■5. OHT,I(5.\Tl<)N.< AND UKi^TRTt'TIONS OV l'EK80N.'< LICENSED. Alto powder. 114. Nrigl\!( ^ which may be demanded and received, for the storage of gunpowior. gunpowder in such magazines, may be regulated by order of the lieutenant-governor in council. niay'fantaid "^''" i^^^^S ^^''-f^on 12 of Ike act Zb v., c. 2.) The lieu- forbulMh)g*of tenant-governor in council may, on such terms and condi- magaiinea. tions as he may deem proper, authorize the payment by the treasurer of a subsidy to any one or more persons, to aid in the building, at or near the" city of Quebec, or the city of Montreal, of any magazine or magazines, under the said Proviso : Quebec License Act ; provided no such subsidy shall exceed in amount one-third of the cost of any such magazine, and that the plans, specifications, the giving out to tender, and the contract, for any such buildings, shall previously have been approved by the commissioner of agriculture and .See. 108 Q. L. public works. Section one hundred and eight of the Que- not to apply f^^,^. Li^.g,jgy ^^^ ^y^^]^ ^^^^^ apply to such last mentioned magazines. Lieut -gov. may permit storage of gunpowder near public works. 118/. {Being section IS of , lie act 35 V., c. 2.) The lieu- tenant-governor in council may, from time to time, but subject to such co^iditions and regulations as he shall deem expedient and prudent, permit the storage of gunpowder, in quantities over one hundred pounds, in the vicinity of pul)lic works, or railways or canals, or other like works of a public nature, or in the country parts generally, and exempt such storage, in the case of each particular work, from the operation of any or all of the provisions of the Quebec License Act. PART SECOND. GENERAL PROVISIONS AND PROCEDURE. I. LICENSES, DUTIES AND FEES. cmin.M?mV" M*^' "^^^ lieuteiiant-govemor in council may, from time appoint per- to time, appoint and authorize any person or persons to ii'"n8.'s'"""''' sign, or to furnish to the revenue olficer any licenses on which any duty or sum of money is payable to or for the benefit of the province, and may in like rnanner determine •:H= time, manner and form in which such licenses shall be l)repared and furnished. titltaM^y 89 to ba rc- oer. Licence Art. tne leutenant-govemor m council, and the duties theion '"»^J ^y shall be pwd to, and the licenses shall be iWj hv fh^*""""" b^rdof Wht^d^ district in which ttSrl'Let !.l 1 K .u^ ^'^ deputy, and for steamboats and other vessels, by the revenue officer or the deputy of the revemi officer of the district in which the owner master or dp rsnn HI charge of such steamboat or vessel resiS or if T such steamboat or vessel is ownerby a^'^^^^^^ itStfr^S ^'^^^ -™^->' ^- "« Prin^^^offiLt tirs?dav^oVTe'mnn?h^nf M*^''- ^^' f* «^^" ^^P^^^ «" the K.,..atio„ of !LTf ,7u V ,• °^ ^^y ^" each and every vear ex- "'=°""'"""«J cept such ferry licenses as mav have been -ranted for a ■""" "'" '=' o?sud^T;^^rT,^^lee^^^ faLrott'a'ir"^ ^-^der-Hl thisaot sbpll kL o„*"*i li 1^ TaKing out a license under -imo of th« rfnln? lu «^^V.*^«d to a deduction from the amount ''"'"'"s^fhi* payable for the new license, equal to one-twelfth of th^ su m "'• whf I^' \ '^P •"•"^' ^i^^"«« f°^ ^^'•^ry whole mon?h duri ^oilta^lt Tof^r '""^^ --J<^. without this actXo ti™%^rSrrd jusU^ .iSi t^^^»S satisfaction, revoke and annul anv liopn«P .rva;,^!^ i^ ""«»»«» '" this act. and upon being notihed ?hr'ough ?h fJv'^^e T^J. "'"" ''^ of such annulment, the person holding such licJnrran b. held, m so far as regards the same, to be without licet e. laS. ]Jv;ery license issued under this act shall sneHIV i.ff„.» r some cei tain place or limits, or some certain vessel wTth ^''-- which It shall have force and shall not avail elsewherl snail be paid to such revenuo officer, over and above the ""'"'"• pai *fo the r™f o?^ ^^ iT' '^ '' '• ^^"^ ^here shall be mui. . u .mrnAin/?! ^ officer by eyery person who takes out .l"'"* '"'•' "J^Vh't l:"::aV"f ""' t^^f'^^o--^ dunes respect- '-- = house^oJnilny ^^"u?- *° ^^'^P ^"^ i""' **^'e^n or other Tavcm, for K^.! '1!*' P'**^° Of public entertainment, and for retailino- -'•"■"« 'pri ■nUu:,. rum, whisky, or any spirituous liquors, wine'aTe "°" '"'''""* '•eor, porter, cider or other vinous or fermented liquors.' the 40 License Act, I, i' ir';; Tavern fi)r llii • ale ofwino ani beer, Ti'mpernn'^o httal. Sale ul'sMiri- tiious li(iiii)rs in a alio;) ur Store, Uctiiiling s^i ritiiuiis lii)iiors (111 bo;llil (if iftcaiiiersj. Ketailinj vviiio iind l)«er on board of 8tcaiiibouti<. Aui'tionecis. Aiu'lionerr's II si;taiil- 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 ninetydollars 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 municipa- lity ; 2. Kor every license to keep an nin, 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, tho sum of twenty-five dollars ; and in any unorganized trax t not within the limits of any municipality, the sum c»f twenty- two dollars ; 3. For every license to keep a '• Temperance Hotel" for the reception of travellers and others, but not for retailing brandy, rum, whisky or other spirituous liquors, nor wine, ale, beer, porter, cider or other vinous or fermented liquors, the siTm of nine dollars ; 4. For every license to vend or retail, in any store or shop, brandy, rum, whisky, or other spirituous liquors, and wine, ale, boer, 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 l>oard, any steamboat 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 ; ('). 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. 7. For every auctitmeer's license'the sum of twenty-five dollars, together with an additional sum of fifteen dollars for every assistant, agent, servant or partner named therein ; 8. For every sciparate license taken oiit by an auctioneer for one or more assistants, agents, servants or partners, the sum of fifteen dollars for every such assistant, agent, ser- vant or partner named therein ; 9. For every haw'kers' or pedler's license, for one judi- cial district only, the sum of ten dollars ; and for every ad- ditional district^ tho sum of five dollars ; limits of any real, and one le said city of ity of Quebec ; limits of any Jollars within ithin any such dollars in any any municipa- vern, or other I for retailing s or fermented ;her spirituous province, the iTgunized trax^t f, the sum of nee Hotel " for 3t for retailing lors, nor wine, aented liquors. I any store or as liquors, and s or lermeutod If-pints at any IS province, the lized tract not sum of twelve any steamboat ther spirituous ;her vinous or irs; f .stt'uuiboat, or >r other vinous k'hisky, or other liars. 1 of twonty-Hve ' fifteen dollars named therein ; f an auctioneer :)r partners, the int, «geut, ser- ', for one judi- d for every ad- Lkens'e Act. ,x}^' f ^'^^^'ery billiard-table subject to be licensed undm- this act when not more than two are kept by the same «t son. and m the same building, sevent?-five del a" eS' and when more than two are so kept, V a hird a nd a fourth table sutv dollars each, for a Mh and a siSh iiw dollars each. an> "IV be directed by the lieutenant-governor m council, shf " T- , '^ver to the treasurer of such municipality the foUowin ' that is to say, if the license be one men- tioned in th odd paragraph one, the sum of eighteen dollars, if in paraj^raph two, the sum of nine dollars, and if in paragraph three, the sum of three dollars and sixty cents. And. certain 131. The application to any fund or purpose whatever portion to Mon-Q£ mouevs derived from the licenses mentioned m the said K/^u^d. paragraphs, one, two and three, shall be subject as to those collected in the county and city of Montreal, to the charges thereon for the court-house at Montreal. II. REVENUE OFFICERS. THEIR DUTIES, POWERS, &C. I8». It shall be the duty of the revenue officer appointed for that purpose, within the revenue district assigned to him, to issue to any person applying for the same, any license authorized by this act w^henever such person shaU have paid to him the duty and the fee hereinbefore mem- tioned for such license, and shall have complied with all other previous conditions and requirements prescribed by eubjwt. how. But the provisions of this section shall be subject to such eTer toowuiaygg^yjg^-Qjjg ^^p^^ tj^g granting of such licenses as aforesaid SliL. as have been lawfully imposed in any municipality by any by-law not inconsistent with this act, then m torce ; and no revenue officer shall grant any such license, contrary to the provisions of such by-law, provided a copy thereoi hjw been transmitted by the proper municipal officer to such revenue officer. 133. When any by-law, prohibiting the sale of intoxi- cating liquors, shall have been annulled by a competent tribunal, the revenue officer, for the division concerned, shall not, during the thirty days next after the rendering of the judgment to that effect, grant any of the Jjcen^es whichwere or were intended to be prohibitca uj tiie uy- Jaw so annulled, Berenu* •ffieer to iuuo liceoaei when prerioas eon* ditioni ar* fulfiUtd. FroTiiion in case any by- law be annul- led. osecutions for L- 3 1 i.U_ v.. LfU uy III© uj- License Act |JI4. Notwithstanding anything contained in this act or m any municipal bylaw or resolution, the lieutenant- governor in council may, upon the application of any rail- way company, authorize the proper revenue officer to issue to such person, at any railway station, as the railway com- pany may designate a license to retail spirituous, vinous and lermented hquors to passengers travelling by such railway but to no one else ; and no such person shall be liable to any penalty for anything done under the authority and withm the terms of such license. Sections seven to seyentcen inclusively, twenty-two twenty-five, twenty-six and twenty-seven, of this act, shall not apply to such persons or licenses, but all other provi- sions of this act shall apply in so far as they are applicable and are not inconsistent with this section. No more than one person shall bo so licensed at any station on such railway. . ^ 43 Lieut -Oor. in council m>7 gTADt liceotes at rftilway stDtioni Prorisiont applicable to auoh Uoenaeli Doe Ilcenaa only for any ttation. V. ??' "l f?l'^^*^, ^^^ ^^ ''^^ persons licensed under this act i-'ot of licenced shall be published by the several revenue officers once a ^u^t !? '" year, or oftener at such time or times and in such news- '^^^nX. papers as may be directed by the treasurer, n^l^f'^^'V ^•^^'^"^le ^officer shall account for and pay Rerenu. over to the treasurer of the province at such times and in'""'"""°P«r such manner and form as the said treasurer shall direct, all to ".Sr" moneys received for duties under this act, and all other moneys which, by law, are made payable to the said treasurer, or which belong to or form part of the provincial revenue. I3r. In rendering- his accounts to the treasurer, every c.ruin .t.ta- levenue officer, m addition to such other information as he "^-^ '« be fur- may have been directed to give, shall furnish a statement "o'nu'o'^crr: shewing what moneys he has received for auction duties and also how many of each of the different kinds of license enumerated in section one hundred and twenty-five of this act have been issued by him, distinguishing those which nave been issued to persons residing in organized tracts not within any municipality, and those issued to persons residmg in townships, and giving in the latter case, thi^ names of such townships. ann?fv„fTI T''"''^ officer may with the consent and Rcrenue officer appro^ al ot the treasurer, appoint one 'or more deputy or ""y ^avo » deputies for the performance of the duties relating to his '"''""''• office under this or any other act ;-and every such deputy as well as such revenue olficer, shall take and subscribe the oa.... preseriiiCu uy tne ninth section of the treasury depart- o«th ment act in the manner provided by the said section. / 44 ,;iljilll||;,V inilliHiiii Itovenue ofliocr to |i('rf(irm ym\\y vmlt. Wlidi ho |iiii.icciitr License Act. 139. livery roveime officer, either in person Or by his deputy, or by 8ome person authorized by him in writing for that piirpose, shall visit, once at least in each year, every po A'der-mngazine or place whore gnnpowder is kept for sale or storage, every pawnbroker's or anctioneer's shop or ])iaee of business, every room or place where a billiard-table, pijicon-hole table, Mississippi-lward or bagatelle-board is kept for lucre or gain, every steamboat or vessel in which spirituous, vinous or fermented liquor is sold, every inn, t uvern, temperance hotel, and every other house or place of public entertainment within the revenue division for which he is appointed, shall examine the same, and shall endeav- our to detect any and every contravention of this act. (.hull I40. It shall be the duty of the revenue officer to prose- '" cute for such contraventions, whenever the corporation of the municipality shall require it and shall have assumed lia})ility for all costs to be incurred, and it shall also be his dutv to bring siich prosecution whenever he shall have reason to believe that any oifence has been committed iiuainst this act, that a prosecution can be sustained, and at l(~ast the costs thereof recovered, and he may require or re- ceive from any person desiring him to prosecute a sufficient deposit of money in his hands to cover the probable costs of the prosecution whenever it appears to him probable that his costs could not be recovered from the defendant. IicvPinic ()rt";-'er tuny airo in- ?|c 't slcaiu- I outi. lU. Any revenue officer, or his deputy, may, at all sea- sonal )le hours, go on board any steamboat or vessel to examine whether a license be exhibited, and to ascertain whether all other reqiurements ot this act are complied with, j'oii.eiiK-n, ||.^ It j^hjiii \y^. the duty of every policeman, and every Ai.. m.iy enter ^_^, _ ^, .^^_^^ ;„ ,„^fi„n.V,v, o rot'onno 1 imtaining liquurt. "umi' .-"amine' coHstabh' or persou authorized in writmg by a revenue Ti,.,us .SMS- ollicer, or by a Justice of the p^ace, is hereby empowered to ' """' "' enter all unlicensed taverns, saloons, dram-shops, houses or places oi' public entertainment and other like places of common resort, wherein it is suspected that spirituous, vinous or fermented liquors, arc kept {or sale by retail, and to search ior the same, and upon discovery thereof to seize and remove the said spirituous, vinous or fermented liquors, and the vessels containing the same, in order that after con- viction had, they may be forfeited and destroyed under the provisions of section five. IIS. Every revfenue officer or his deputy, or any person authorized by him in writing, is hereby empowered to enter into any room or place where any billiard-table is kept for hire, iirolit or gain, and to examine such room or place and the billiard-table or tables therein. J'liwcr to enter iiil.i;ird mums mid uxuinine. License Acl. 45 144. If the owner keeper or person in charffe of AnvP.»^t,fo,.. place subject to be visited, inspected or entered under thiS^^'^^'S^H act refuses admittance to the revenue officer or to his de. rmou f •"' puty, or to any person duly authorized by him' or ^ anv^'- 'nr* person i*any way resists, opposes or hinders obstructs or ^il" '" °"'** molests the revenue officer, or his deputy, or%uch author- ized person, or any policeman, in the execution of his duty such owner, keeper or person shall be liable to a penalty of ^^chTu^h^oftSict^ '^""'^' "^^ '''' *^^'^ «^^^* d""-*'- rlt^t ^ '^r::: JS^T^,^_ \- maintainable p....^. against any revenue officer for anything done by him in"— •««-' the exercise of his office, unless the samels brought wS. n SIX months after the cause thereof; and the defendant m^y '- plead the general issue, and give the special mf^iiar in ^l evidence; and if the plSnUffis^X^Sler^^^^^^^^ the action, or judgment is given against the plaintiff, the defendan shal receive costs ;-and if judgment be given for the plamtiff, and the judge or court before whom The action, or prosecution has been tried, certifies that the revenue officer had reasonable grounds for the let o? proceeding compamed of, the plaintiff shall not be entitied to any costs of suit, nor to more than i minal damages. 146 In every action or prosecution instituted or com- iii« richi of menced agamst any reveiuie officer for anything LeTn S.^? pursuance of this act, such revenue officer mky appeal from the judgment giveii therein, within three Jonths t W atter.to any court having competent jurisdiction. I4r. The lieutenant-governor in council may grant to Tt.T.iii„, „ any revenue officer, over and above his salary or reSunera^-"""/^^ anmialhr JowTr'ir """^ «^^««ding one hundred dollars rm^S^ X«. annually tor travelling expenses. III. PROSECUTIONS, &c. FOR OFFENCES AGAINSt THIS ACT. 1. GENERAL PROVISIONS. 148 All penalties lawfully imposed by any regulations v / , . made in virtue of this act,Ld all dutie^s, fe Js, foSres '-• it L ana damages payablo or recoverable under this act or """"u*"' " under any such regulations, may be sued, or prosecuted for ''""'- and recovered in the same manner and before the same ^W '1^. '^^ F!^^^ ^'"PT^ by thi« .-^t. .unless some expressly "^o^^d^er""""" '"^ '"""^''^ '"^ ^^" ^^'^'" !f iiii!iii!i;;i •m\[ UmlUtioi of nil*. SSVie. eh. 31, of Canula, and th« provi- sioDi not re • ptaled of eh. lO.^, 0. 8. C. apply to certain pro- fMdisgt. Sttlta before •aperior or oireuit court subject to ordinary rnlei 10 Licenie AcL I41>. Any prosecution under any of the provisions of this act, against any auctioneer or pawnbroker, shall bo commenced within twi'lve monthN, and any other such prosecution within six months after the alleged otfence, unless some other limitation is expressly provide! by the terms of this act. fJSO. (As amended b,^ 37 V., c. 8, $. 12.) In all prosecutions iuKtituted before two justices of the peace, a judge of the sessions, a recorder, sherili", or district magistrate, the pro- risions of the act of the parliament of Canada, thirty-second and thirty-third Victoria, chapter thirty-one, respecting the duties of justices of the peace, out 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 inconsistent with the provisions of this act, to all matters in relation to which no express provision is herein made. In all actions or prosecutions under this act brought before the superior court or the circuit court, the lajv and procedure applicable in such court to ordinary actions shall, in so far as they are not inconsistent with the provi- sions of this act, apply to all matters not herein expressly provided for. Fineohflreih lOOd. {Being sectton 18 of the Act ^7 V., c. 3.) "Whoever, brhigbw."'^ having already been convicted one jr more times for the illegal sale of liquor under the authority of the Quebec License Act, and the acts amending the same, is again con- victed, under the said acts, of having illegally sold spiri- tuous, 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 imprison- ment of six months. 2. WHO MAY PROSECUTE. in«ho.6Aam« l«l. (As amended bt/ 37 V. c. 3, s. 11.) Every action or action to b« prosecution for any offence against this act shall be brought broBght. ^y ^^^ .^^ ^^^ n&w^ of the revenue officer appointed under section ten of the trbr>?'iry department act, for the revenue district in which tbi offence was committed, or by or in the name of the council of the county cr local municipality within which the offence has been committed, or by any private individual. Revenue officer gut no such action or prosecution brought by any muni- wiJhlt'aading cipal couucil Or private individual, nor any judgment or de- any other suit cisiou rendered therein, shall avail against or be pleaded in or action. .. -i yi i j.v ,.„_ »A^»^« .-.-•-.l.i.r.n *\\^ unieM Ac. ^^^J prosecution brougxit uy tiiw luvuliuc uuiuci, uixicoo mo • ' amount of the penalty or' forfeiture imposed by this act, or by any regulation made iu virtue of this act, shall have be provisions of l)rokor, shall bo any other such allege^l olfence, )rovid« condemned for hundred dollars, I to an imprison- Every action or shall be brought appointed under for the revenue ted, or by or in cal municipality itted, or by any ht by any muni- judgment or de- or be pleaded in License Act. Am been recovered by means of such prosecution by the muni- cipal council or private individual, and shalf have bX paid over to the revenue officer of the district, or the con viotmg magistrate, or the clerk of the district magistrate ^ the case may have reouired, or unless the defendant h« undergone the term o? imprisonment required by law " delault ol such penalty being paid. ^ 3. BEFORE WHAT TRIBUNAL. frJh«?"l^"^^'' ^^U^? ^'^i'^'^^' ^^'^^^ of t^'« act some other Befor. whoa, tribunal is prescribed, every action or prosecution under fh"'" ".""l' .. and n!n«Uv'" '^^'''f "^ n'^^y demanded, or such sum bt"c:lt:!d and penalty combined, exceed one hundred dollars shall be '?" P"-''^"" be brought before the circuit court or the superior court jurisdiction of the said courts, and all other suits or pmsecu- tor the district, or a judge ot the sessions of the peace or a recorder, or a ix) ice magistrate, or a district magistrate, or S^-Sit^S' ^^ ^"^^'^^ ^"^ Montreal.Vfore'the ^ lit. CR~^~ ■.,■.••1 nnf^'hl K ft%^^ ^•' '■ ^' '■ 14) If any such prose- Ho othT cutioii be brought before any judge of the sessions of the^"'"""'" peace, recorder, sheriff or district or police magistrate, no other justice shal sit or take part therein d". ring the tWm wi?h f'rl''''^f ^•°'' 'I'^^'i''^ sheriff or magistrate, exceS trate "'' ^^^'^' ^'^^^^d'^'"' ^^^erifF or magis- oth;r^LT^ prosecution is brought before any two or morefe-ni«,t.f other justices ot the peace, the summons may be siimed •" ""»<«•• &"*" ''f "^''^^5 ^^t ''"> o"i^^^ justice shall sit or take part lT'?l^^''^'^' ^y reason of their absence, or the absence of o?tVe'othe?ort£! " *'^' ^""" ''''' '''''''' "^*^ *^^ --^ aJ?fv ^" ^T" ""'^ jurisdictions which under this actD"triotm.gu. are vested mjusticM or two justioos of the peace are likewise I"'""' *•' *° sessions of the peace, recorder police magistrater district magistrate or sheriff, other than tae sheriffLf Qu;bec and fer,^« n? ;f,^"'^ !" 1?.^' ^' "^'^y ^« consistently witl. the tlZ ^ ^^!" r*' "" y^*^ Pi-ovisions of this act applicable to justices or to two justices of the peace shall be equalV ap- ?i? , .^"T one judge of the sessions of the peace, re- corder district magistrate or sheriff, other than the sheriffs of Quebec and Montreal. « suemiB sed by this act, ? act, shall have a Livenne Act. Ili::i| n;, In wh«tdi«- tSUi. Every action or prosecution under thia act must be u"b?.uihi!"" brought either within the district in which the otl'euce was committed, or in ihat in which the offender resides, or it may- be brought within any district whatever, if the ofi'ence has been committed on board any steamboat or other vessel. 4. SERVICES. nowierrieM *^- {As amended by 26 V, c. 3, s. 4.) Every summons or th«u be made, other process, proceeding or paper, in any such prosecution may be servtnl, by any bailifl", constable or peace officer duly appointed for the district in which the same is brought, or by any literate person, by leaving a copy thereof certified and signed by the magistrate or oificer wno signs the origi* nal, with the defendant in person or with a reasonable per- son of his family at his domicile, or by lasting suoh copy upon the door of his domicile, if the person or persons with- in the house purposely keep the doors closed to prevent the icrvice, in which case the fact shall bo mentioned in the return or certificate of service ; aiid such service if made by a bailiff, may be certified ar d proved under his oath of office, and if it has been made by any other literate person, may be proved by a certificate sworn to before any justice of the peace within the district, or by verbal oath before the justices before whom the case is brought. 6. INFORMATION OR COMPLAINT. In luiti ntg»- U7, It shall not benecesscry in any prosecution brought ne7d Dot'bl for any contravention of this act to allege in the informa- •ii«K«d. tion, complaint, or declaration any negative matter, or any matter, fact or thing, the proof of which lies with the de- fendant. Beraral . f- feooM may Im inoladed, Pr. T.M! total IA8. {As amended by 87 V.,c. 3, s. 13.) Two or more offences, by the same party, may be included in any such complaint, provided the time and place of each offence is stated ; and in that case, any form appended to this act may be altered, so far a.s need mar be, accordingly ; 2. But whatever may be the number of the offences so penaitor limit- included iu One complaint, if the prosecution be brought before any other tribunal than the circuit court or superior court, the maximum of penalty imposable for them all shall in no case exceed one hundred dollars. Amendment of 159. Any such Complaint may be amended before final complaint. j^garing, in any matter of form or substance, upon applica- tion to that effect, by or for the prcsecutor, and without costs, and on such amendment being made, the defendant (should he require it,) may have a further delay to plead tq this act mast be the oii'euce was -esidoH, or it may f the ofi'ence has other vessel. ery summons or uoh prosecution »oaceoiBcerduly le is brought, or thereof certified ) signs the origi> i reasonable per- >sting such copy or persons with* d to prevent the lentioned in the rvice if made by his oath of office, ate persoji, may ,ny justice of the lefore the justices :nt. iecution brought in the informa- e matter, or any lies with the de- Two or more ded in any such f each offence is d to this act may r the offences so tion be brought 20UTt or superior for them all shall ided before final je, upon applica- or, and without e, the defendant lelay to plead tq Litense Art. .hat a legal conviction ZZ\^ h^^^ T ^f"''^*« '*'••"'•■ amended, the justices .nay dilniL rLT ''' ""^^ " "'^ roA?.?y ?4T|;ubr;i^ ^^^^^ "'^•"•^'*- »>« cii«m,«8ed^— u.. uny ueiect, inlonnahty, error or oiiiission • hut if if „,!_ '"'""i f"r pears that the defendant has been nv uLt u ' i «l^<'. MODK OK TKIAL. jor!Musttc"sT;;;::''i;reTh^'n /'"f "^'', ^^■^^"" '^'•«»^ht be. ..«..„„.. 4^ 7. PROOF AND WIT ESSKS. be heard and di-teruiined rr„,e..„ti..,. eithT^apo'fvK^^^^^ r-^' "k "?J*' '""^ d.terunnedr.,,e...,..,. nded al tl,.. timo th.y h,.l,ih,.,lly reswl^d twrth', " ' l>.o*'d to S' k!!^';" I'^tt'^f'l I,'"- -...f ,,.. on uudei this act, to prove that the offence was committed "l" '^"""f on the precise dav spooiHpil fn ^Kt ..,-,. ^ ^ ? ^r ""'"<^" »ffen • n. t videditbenrnvoVl twVk ^<^ '*'^t'"» » conviction; pro- «>eoe«,r.v. ia rdtretioT?'^^ ^"^'.1^^*^^^^ ^^" --^ofr^Srt "H^r f^X: ?..:'^^ ^i^.'^^'^^t'O" of the justices, bo deemed P^.ffiniJu ..,-; ^•'i- uL-uue or Us iirivin.r be^ji j^ent ^" ' ' ■ "' — ""' ' "' ueuce of its havinj ther proof. for sale by retail, without fur- 60 License Act. vmm ■■i\m\'-i' License of no 167. No liceiise shall be ol' any etlect if the duty thereon not'paia.'^"'^ shall not have been paid, and the party holding such license shall be held to be unlicensed and be liable accordingly ; but the holding of the license shall be evidence of the pay- ment of the duty unless the non-payment is proved by the prosecutor. In certain |68. In any such prosecution brought beibre justices, if Zl'hefZl an application be made on behalf of the deiendant, or of the taken and the prosccutor, upou sufficient cause, to adjourn the case to a *'j|*]f°^P|,*'*'' future day, the court, in its discretion, may receive, and day. cause to be reduced to writing, the cAidenco of such wit- nesses f^T the prosecution or for the defence, as are then present, or can be produced, and may thereupon discharge siich witnesses from further attendance and contimio the case for the completion of the trial to such further day as it may fix for that purpose. Certain pr-of 169. If iu auy such prosccutiou it be proved that any /nc^« evidence P^^o^^ ^^^® exposed, or causcd or suttered to })e exposed, in of keeping auy wiudow, door, 01 other oi^ening of his house, or pre- cnte'tafnm^nt" Hiiscs, or in, ou, or near such house or premises, any article, sign, painting, printing, writing, or thing whatever, of a description or charac*^er 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 or vi- nous or fermented liquors are or might be sold, vended or bartered by retail therein, such proof shil' be held to be primd facie evidence that such person kept a house or place of ptiblic entertainment. Deliyory of li quor in other tuan private houses or to noii-roeidents to be deemed evidence of a lale. Any delivery with payment or promise thai oof deemed evidence ol • fale 170. The delivery of any spirituous, vinous or lermenlcd liquor of any kind in or from any building, l)ooUi or place, other than a private dwelling-house or its uependencies, or in or from any dwelling house or its dependencies, if any part thereof is used as a tavern, eating-house, grocery- shop or other place of common resort— sixch delivery, iu eilJier case bmig to any one not bond fide a resident tht^re- in — shall primd facie be deemed evidence of and punish- able as a sale in violation of the first and second sections of this act; and any such delivery in or from a private dwelling house or its dependencies, or in or from any otlicr building, booth or place whatever, to any one whether resid.nt therein or not, with payment or promisi^ of pay- ment, either express or implied, ]>ei'ore, on or after such delivery, shall prima facie l)e deemed evidence of and punishable as a sale in violation of the said sections. ccttii^-na Wii 9. In proarcutiout; i< 'lie sale OV bailer oi' iitioxieaiiiiy Ii:| fur muuceDseccr- liquor of ivny kiud, without the license I heref(>r l)y law i duty thereon ig such liceuso i according! J' ; ice of the pay- proved by the ore justicoti, if idant, or of the ti the case to a y receive, and ;e of such wit- 0, as are then ipon discharge d coiitimio the irther dav as it oved that any he exposed, in house, or prc- ses, any artich\ vhatever, of a 's or others, to licensed house pirituous or vi- old, vended or be held to be house or place s or fermented booUi or place, uependencies, ependencies, if house, grocery- ch delivery, in resident there- of and punish- second sections I'rom a private from any other • one whether •romisi^ of pay- or after such idence of and sections, of iltioxicaiiii^i' lerefor by law License Act. 61 tnt iaw 111 that behalf, it shall not be necessary that anv """"""ffl"'*"" witness should depose directlv fo ih^ r^^^^fctT i • ,. ^topntdefend- ot the liouor snbl L K„vf i ^ ?,. ^ precise description ant on his de- tLtfo^rtrJtictfTh^^^ "ai tSr ^^^^-^^^^f^z place with his participatio„,'orto his'^wn peiolal tir^-''""^^ certain knowledge, but the justices trying ?hrsame so Hoon as it may appear to them that the circZstan?es iu evidence sufficiently establish the infractionTf tw com plained of shall put the defendant on his defence Tnd h iollowmg shall be deemed ,.,«//«./« evidencT of 'such retiol "" ''^ 1. P'lbliclyoirering for saleany article, goods or propertv before an assemblage of persons withth^view of indu'S ^ome one amongst them to buy the same • ^n^«-^">S - Causing to be printed in any newspaper or unon 3. The exhibiting or exposing to view by any person in on or near his house or premises of an/sigo mSn" panitmg-^ or writing indicatinp. or of a nature to lead to he li^'lWhl th''^' '' f '^'""^•" '"^ ''' '' -^ auctioneer ills allowing the same to remain exposed to view. vie ror^allowri *^'* ''"^ person exhibits, or exposes to Certain proof A aw, 01 allows to remain exposed to view, in, on or near '^ ''«p'-'"«'»- any house or premises, owned or occupi;d by him Zv'^Zr^""""' Mgn, painting writing or printing ind^icatinro of iMi.aiJle., tbie' M? ^- *' '^ ^^li^^f ?-t a bilTiard-table, ^geon-hole *°- tible, Mississippi-board, or bagatelle-board, is kept in suoh hou.se or premises, shall l,e prma facie evidence Urn? such person keeps and maintains for gain and lucre a b 11 ard 'S.^r^JTl^^'^'^ a Mississippi- .ard, or a tgl i. Jit-[)oar.tablo,>iui«d,.M.. .nisMs»i|,p|.|,oav"*"'« »»'' '"» kept Ibi- 8 ^•5. In o\ uiav snmnioi ivery prosecution, under this act, tho justices Witncwe, uXl'rTr ''^"•<''^«; -»Jit'«uoh person roCioJc^rKtnV '">!..le..|s lo fttlond pursuant to such summons, the iusticesh'--«'""P ii liiiii' I Cliwiwi!^ '«i(!llvitness if merely suninioned no to do, th«' justices before whom the case is brought, may, upon application made by the revenue officer or his deputy, or the comi>lainant. issue a warrant to ap]n-ehend such i>erson, and to hold him to bail to appear and give evidence at the time fixed for the trial ; but in no ease shall such person be detained un(i c such warrant lor a longer jx'viod than lorty-eighi hours. Tnterert i o gronnd of in- 178. No ]>ersou shall be incompetent on account of in- terest in the event of any action or prosecution under this act, to give evideuci' therein, but no person who has been ef»nvict('d of fraud or felony shall be a witness in any such action or i)rosecution. D«re«d»ntn«t 170, No defendant shall be examin"d as a witness in '" V *,*■ anv a< tioji or iirosecution under this act. laiMtl. ' ^ boua 1 tu[aii- tiani. IM>, Any person, other than tlu' defendant, examined or calh'd us a witness on any action or inoseculion under this act» shall be bound to answtn- all questions juit to him which are deem«'•, such person penalty of forty ►cen terminated noe. any prosecution > appear by alii- icessary will be as a >vituess if ■fore whom the 3 by the revenue lUe a warrant to o bail to appear trial; but in no inch warrant lor II account of in- ition under this I who has been less in 9\\x such as a witness in nt. examined or nit ion under this (»ns put to him notwithstanding ,er may disclose dty imposed ])y ised atrainst him License Act, 8. JUDGMENT. 53 triJf before TJo'i2lfT.'J!^°" ""^'^^ *^^« ^^* ^^' been Judgment „., II u a Deiore two justices ol the peace, udirment m-iv },,> be rendered i.v rendered by one of them in the absence' of Te other Lo- "'''"'''■'"• ' vided such judgment, be written, and that it be signed bv both of the said justices. »'o"e« »> \J!^'tZ^tZIo7. TV"^ prosecution has been tried Di.a,ree.ne,.t < foie two. justices of the peace and they cannot ao-ree unon "fj"'""^'^ i'^'" the .judgment to be rendered, either of such jusiLesraa ''*'' '"" sign a cerUhcate to that effect, and deliver the iame ?o™h . l«:i. Every judge of the sessions, justice of the neacp t .• . , uTstdf^'f M "; "^^r !"A^^«trateandsherifJ-,othe tran-^nT^^^ the sheiafts of Montreal and Quebec, shall, in the months o""" "/"""' AiHil and October in each year, furnish to\he tn^stlr o -" "^^^ he i>rovince a statement of all prosecutions under thi^ a^t ■""'""^• brought before him and determined during the dx months .jnding on the thirty-first day of March Ld thTtSVh day of September respectively, and such statement shall mention the name of the other justices, if any, before whom .-ach case was brought, the name of every defendant the date of each judgment, and the amount of' the peualtV or other condemnation in each case. ^ !>. APPLICATION OK PENALTIES. nl^m'tSytX :^''" ''^ ^^"^^'^^'^ ^^""^^^^ following'— = 1. If the whole of tho penalty and the amount of the i' wi'..i« tost.s liave been recovered, two-third j)ait8 of the penalty *"!";"" '"" l.m ubfe/h ^'Hl K '^'t'^M the revenue ofScer^ cr/ed" '"■ n t ,^ ^"^ ^^^ lulormer ; and the remaining third part 1 ul «y, ^I •'' ''''"""*;■ i^'^'' ^' ^'''^ «^'^'r to the treasuCr and shall forin part of the consolidated revenue fund • hoZ. ;i f?u •''"'''""* ""*" ^^'^ P«"«l*>' a"^ eosts has not if wi,,,. .„,. )een lecovered, the amount recovered shall J)e applied fivsr"""'""'"" to the payment of the costs, and of the balance two- hds "*""'''•■ shall be retained by the revenue ofhcer, subject to the obligation of paying one of such two-thirds to. the informer as a oresaid, and the remaining third shall l>e paid over to the treasurer to form part of the consolidated revenue fund rf. in tfie case of convictiont on view th« t.m.«if,r ^,. .. ' IhHto^^T^M "'^y.5'^^'« ''T' rc'covered, ov^r'and above tlu' costs, shall be paid, one-third to the corporation of the ""uue.imhty within whieh the offence was oomu.iTted and 54 Lv cense Ad. Fs. I and 2,1 { Kcc. 18!, limit- V<1. i^ New BOO. in- fi'rtail lifter ?ci'. 8!. Distribtiticn of mno'Jnt roeov- ered when suit is broiighlby a iminiart of the consolidated revenue fund ; 3. In the cases mentioned in this section and also in cases of conviction on view, the penalty or ihe amount re- covered shall be paid into the hands of the convicting ma- ui.strate, or, in the event of his being a district magistrate, mto the hands of his clerk, and such magistrate or clerk shall thereupon forthwith apply, divide and pay over the said amount in the manner prescribed by this and the next preceding section ; 4. Prosecutions brought ])y or in tlie name of a private individual, at the instance of a municipal council, and at the risk and costs of the municipality shall, for all the pur- pos^es of this section, be deemed to have been brought by such municipal council. w h., uiny ic- IKH. No penalty or forfeiture incurred under this act nni ,,'■•'" Hi'". j,i,.^]i ]).. remitted except with the authorization of the lieutenant-governor in council. 10. COi^TS. N„ foe r,n ror- |S4?. No fee shall l>e taken for any summons or warrant t li.i i.nmin..n- „.r,,„fpi| i,y anyjusticc under this act, so far as the same idiitcs (o 'joods pawned. i)l<'dged, or taken in exchange. fVf. License Act ti oi&!elinLv''!tLff ^' 'T-^'*^'^^ "^^^'''^ tl:e revenue No ..u omcer m any achou or prosecution under this act but unoii »«»'"'♦ "v.- he recommendation of the justioe-s, or of the re'Sxue office" """ **""«• he treasurer of the province may in hi. discretion my to any party in whose favor judgment has been rendered a-ainst the revenue officer, such costs or indemnitv as ^e may deem that such party equitably deserved ^ niuSoaf counH]''«ff ^ V" "'' ^^ ^•' ''• ^'^ Whenever a Muoi.i,.Mi„ municipal council, after being requested by any i^erson "^'"'''■« '" ;^ro?"i^;r'r^wi?r \~^^ i^y^^=:^^. lion or tms act, lor which such municipal council wis '" '"' "'*'''° ' • competent to prosecute, shall have refused oi sS h^v."''"''."'""'' neglected during fifteen days after such itquest to brinr""" suci prosecution, and such person shall thireupon hav^ prosecuted ni his own name, and shall have obtahied a conviction against the offendt.r, then if in such case the amoun ol costs of suit or of imprisonment cannot be iv! covered from the defendant, the corporation of the munid pahty sha 1 be liable and bound to pay to auch persoi the amount of all costs incun-ed, whether lie sha 1 W pr ! V ously disbursed or not the said amount or any por n • 11. EXECUTION. ' ifiS. (As amended b;i 36 F., ,•. 3, .. 10.) In delault ol immediate payment of the penalty and such cos s s are awarded and if no delay is granted under section one hundred and ninety-two hereinafter, the prosecu tor may declare his option, either to have the \ eS- d itr;i"''''rff' ?■ '' ^"^'•^ ¥"^ ^"""^'^^^ against by distress In the lonner caso the defendant shall b.^ im- prisoned for a period of not less than three months ad not exceeding six months. In the latter case the m«onnt of such penalty and costs shall be levied bv warrant oSress out o. the goods and^.hattels of the defendant, and in detu ol such goods and chattels, or incase of their behm jW hoieiit, the defendant shall be imprisoned for a period of not less than two months, and not exceedino- «ix months Bu m .jither case the defendant may obtain ^his liberation from Mich imprisonment by making full pavment of such eonvicLr '''''*'' '''^'*^''' m<^y.m<^C, upon or alter 2. Except iu the c se of full payment as aforesaid, no de- lendant naprisoned in virtue of any provision of this a^-t Jhall be liberated on the ground of" aiy defect of form n ho warranto commitment, nor withoi[t due notice ™ cm "> .ae prosoeutor. ~ (fow payment I'l' peiialt'o.s may bo eii- forcuj. Except on pay- uient, defend- ant not to bo releaied from imprisonment wiUiJxjt iiotieu to prosooiitor. m 56 Ltceum Act, rdtinlly for (irovonting, Ac, arroiu |i' provisions of section ten of fh. Treasury Department A ?• nffin ^^^t«"n, ' revenuo olBcer" shall mean the revenue.,,, officer assigned by the lieutenant-governor in <.ounci? Ibr om-'"'.'' nar^fiofnffl''' i24 an v '*''''"*'''' ■property exempted therefrom bv law • • >. Tiie word " vessel" shall mean anv steamboat hn.f ..v ■ratt whatever, and anv scow, rafi 67 «rana« iloat whatever a 58 License Act. if 1 1 iji nf,t: "Foimentad liquon ;" tr»ot;" •• Onnpow- der ;" "Informer;" 7. The term "fermented liquors" shall not include ginger- beer, spruce-beer, root-beer, or other like beverages known as " temperance drinks ;" ^^ " Unorganiied 8. The term " unorganized tract" or " unorganized part , shall mean any tract or partr of this province which does not constitute or form part of a municipality, notwithstand- ing the fact of such tract or part being comprised within any county or judicial district ; 9. The word "gunpowder" means and includes any ex- plosive powder? whether gunpowder or mining or other powder, and whether the same be encased or not in cart- ridges or canisters ; 10. The word "informer" shall mean a person who shall have given information on which the revenue officer shall have brought a prosecution, and who not being incompe- tent by reason of any conviction for fraud or felony, shall have given material evidence at the trial of such prosectition; 11. The words "spirituous, vinous or fermented liquors" shall respectively include any mixed liquid capable of being used as a beverage, and a part of which consists of spiri- tuous, vinous or fermented liquor ; 12. The words "intoxicating liquor" shall mean and in- clude any spirituous, vinous or fermented liquor or any mixed liquid capable of being used as a beverage and a part of which consists of spirituous, vinous or fermented liquor; 13. The word "person" shall include any married woi^an, whether she be or be not a public trader, or separated or not as to bod and board or as to property only. SERVICE OF NOTICES. How notice. 19Gfl. (Being section 3 of the act 36 F., c. 3.) Any notice may beserred. ygq^iij-ed or allowed to be giveA under the said act, or under any amendment thereof, or under this act, may be served by any bailifl" appointed for the district in which such notice is to be given, or by any other literate person, by leaving a copy thereof certified and signed by the person giving such notice, with the person to be notified or with a reasonable person of his family at his domicile; and whenever the person giving such notice is unable to sign his name, his mark made in presence of and attested by the bailiff or literate person shall be held and taken to be his signature, REPEALING CLAUSES. 197. The following acts and parts of acts, in so far as | the same relate to this province, and to matters within the | control of the legislature of Quebec, are hereby rejwaled " Spirituouji, vinoiig or fermented liquors ;" " iDtozicatlng liquor;" " Pencn." License Act 59 cia'pterfiveT ' ^^-ty-nnxth George the TI^rd.SriK. Can Ja^' "'* '^*^*'' ^^^'^^^ ^^*^*^ consolidated statutes ofc.ao.,.«. of Canal^'^ij'^''?*''' ^^f^^o^^^ ^^ the consolidated atatutes c s. c. o. «. 01 l^anada, except sections ten, eleven twelve thirJp.n "'"'?"«««''" fourteen, twentv-four twentv-fiv. ^^^Jl^ .^f ' /^^J^teen, lo, n, 12, 13. and fiftv-six • twuity-nv e, twenty-six, twenty-seven, l*. 24, 25. 20. Lowe? CaSa ■"'"'"' *" "' ""= """""■'ated statutes foro.s.L.0,.... WCa;i:;""" "''" "•' <'»»«"«'l»tod statutes for c. *l. o.„ .. LoteTcaTada;"'*"'™' °'*° ™»«°"''"'»'l »«ata'e» f»' «■»■■•■■'.••'• Jwel oi'a'i'''"" "'*''" °' "" '=™«°«''''te;''V"A'"''''''''-<''«''''' Victoria, >r. .. v., .. ™bytSf"sitionTie™ fe'ion'ihSfr' '.'if --"^i"; »-'J?' sub-section of sPoHm, +1! • ; « ^^«"on thirty-four, the second of i. 11, «. 34, ♦W,; • i!l u . thii'ty-^ve, sections thirty-seven and ^^ of.! 35; thirty-eight, sub-sect on three of section fnrUrfZZ a "• "• ^s; 83 chlptert?;!e'ghif "™""' """ *-»'y-Shth Cta^^l,--,, I't siniJf. 'r"'^;""* '^'""'"»' '''"Pter flfty.four : » v., .. si. |tie'h^Y?otri:':SL'rt;Vw:^°i^^^^^^^^^ tion four as would othprwii^n^.^iw^ * ^"'^^ °^ ^^^"^^ = I'^'of'- sub-sections o^ip Ln o!, wT ^ ^1-^ ^"^ .'"'y ''''Venue officer ; *• |§ '. ?. .>, of Duu beciions one, two and three of section five serf inn nin^ "• *• '• <•• P"' thirty-five r* ^^^^^^-^^""^ ^«d thikieth Victoria, chapter 20. '«v..c. ninth andlhirtiSViif *• ""t ''^!Hr ^^ *^« ^^^ twenty- Ls, 6a. or I "" S,. thirtieth Victoria, chapter fiftv-sevpi, • ' 29,30 v.. 0.67. (three ;'''' ""'' "'*^'' P'"^^"°^' ^^^''^y-fi^^* Victoria, chapter q. 3, v.,c a. 60 License Act. 11 m t a, 31 v., 0.27. 20. Thi' uct ol" thi8 province, thirty-first Victoria, chapter twouty-sevon ; s». 10, II, 12, 21. tSoctions ten, eleven, tv^'olve and thirteen of the actof ""t**'^' ^" t^i« province, thirty-hrKt Victoria, chapter thirty-seven ; Q.,8Jv.,o.24. 22. The. iut of this province, thirty-second Victoria, chapi- ter twenty-lour ; s».j,3,4,s,e< 28. Sections two, three, lour, five, six, fourteen, fifteen V'tAl.V*-o. and sixteen of the act of this province, thirty-second Vic- toria, chapter seventy ; Q., :jj v., 0. ;■« 24. The act of this province, thirty-third Victoria, chanter three ; y.,3a v.,o.j7. 26. The act of this province thirty-third Victoria, ci^apter twenty-seven ; Q.,3;iV.,c. 37. 26. The act of this province thirty-third Victoria, chapter thirty-seven ; AiT inoonsift- 27. All acts or parts ot acts or provisions of law what- ci.t ,.rovii.i«n». ^,^.^^j. j,^,jt,.,„.y t^^ ,„. inconsistent with any provisions of this uct. I'roTiriiiiin I'opualoil l>y I'tiriiMir HOtH nut to revive. I9X, No repeal hereby enacted shall have the oltect of reviving any act or provision of law rejierled by the acts or parts of acts herel)y repealed, nor shall any such repeal be held to inii)ly th* enactment of any provision contrary or contradictory to any provision so repealed. Aci. ni.cBioa I09 l<:very oH'ence, whollv or partly committed against Rppirt'oTinK. any act (>'■ enactment hereby 'repealed, prior to such repeal, done or begun ^.j^j,]} i„> (j^.^lt with, inquired of, tried, determined and b.f«rc repeal. j^,j,j jg^^g^i j,„^ ^.^.gj.j, penalty in respect of any such ottence shall be recovered, in the same manner as if the said acts and enactments had not Kn-n repealed ; and every tict duly done, and every warrant and other instrument duly made or iiranted before such repeal, shall continue and be of the same lorct> and effect as it lue said acts and enactments had not l)een repealed : and eVery right, liability privi- leffe and protection in respect of any matter or thing com- mitted or (lone ]>efore such repeal shall continue and be of the same iiuce and ettect as if the said acts and enactments had not been repe«le«l ; and every action, prosecution or other proceeding ' nuu -c -vl before s\Tch repeal, or there- alter commence \^ t-spect if any such matter or thing, may be prosecut ct.?lur j. and defended, as if such acts and enactments ha wy " a repealed. FINAL PROVISIONS. Si. 7, 8, of 31 *M|0 Nothing contained in this act shall affect or inter- »SwUl\' ""' frre with sections seven and eight of the gold mining amend- meUt act ol lOOO, UUt Uu iiiUiimiy iiv;rstat: niiitii wv ^i«iif.-« under the said section seven to any person who has not I **»<*..... fil affect or inter- who has not ticenUe Act. proviously obtained a license under this act to sell t^oir'* tuouH, vinous and fermented liquorn. ^ fied^d'oJ^'!!;rlf l^l^''"'*''*'"'' ^^^^^^ "^^ «^all tHS super. Th..Mt.bdi sedeU or atlected bv any act passed durintr the oresentP'"*" rrSin thn' f"''^^"--.-\d ?11 proviHioafs'^' tC "hC^or parsed in thi^ «vid session, intituled: " Municipal Code of ">'• ••-'«"• the . vovince of Queboc," -A'hereby any munidpaliuS are empowered to regulate the storage of gunpowder or anv sioroTh""''' :^".^PPJy«"ly in^so farTfuch storag^^^^^ r reSteTt^'thirS" T^ ""*' ^* ^''7 *™« ^^^^^^^ vfrtSw. •' '^" ''' ^'' ^y "'>^ r.^i^^on. made in aii?^^ec?^^"&:^;je!::c^Se^^ry ^^ designated w on.. X r^^rafd^rliot tT^ 'T^^'"' "^ -* anTCch ."nMll ffov^.rnnr if. f "i "^ °^i*^*"' regulations of the lieutenant- fV" •?•■»'•>• go;eruor in council, and instructions from the treasury maC"ol-tSsTcr"T?t'^ ""'t ^"^ '''''' several subTecI matters ol this act, and the publications of which the said rrZXfawroi- r'""^" *° ^'^^ r P- a'dSratlorof bv'^o^rd^r'o'A^>f*'?" f ^^^.-^^id pamphlet shall be regulated Snf ,^ K r^'*'''-''"^."*--°^«^"°>' i«coiuicil, andasuffi. cient number of copies thereof shall be printed in the FrS language, and m the English language. ^ " '"® * ^e^<^^ ***3fl, {Being section 20 of the art ^^ V i- ^\ Tk« *„^ « .. . tn fhl K ff ^T'"'^'^' w^e'iever J^e «hall deem it conducive '•''•, ""* to the better admmistration and carrying out of the rerpr,r,^i''«"''.'r'.. aws, may, from thne to time, at the^plliceiense cause "^^^^^^^^^ Pr«n ^K't^"'''^' ^^™*"^ ^"^^ distributed, in theEH;h and"""" French languages, or in either of them and in such num. thTlaws in for " ^' nr' ^'' ^^"^P^^'^*^ --^^^rg tfte laws m force respecting hcenses or the treasury denart- SeUnf r'^ ''*^^' portions of acts, regulatS of'^thl leutenant-governor m council, and instructions from the But such pamphlets shall be deemed to l>e printed for A ail against the regularly promulgated versions of the law or the meaning or construction thereof. s^ i dS License Act. FORMS. il04. The forms contained in the following schedule, or other forms to (he like effect, shcU be sutficicnt for the pur- poses for which they are intended. \m'' 111! li' i SCHEDULES. (A) FORM OF AFFIDAVIT TO BE MADE BY A PERSON DES1R0U8 OF OBTAINING A LICENSE TO KEEP A HOUSE OB. PLACE OF PUBLIC ENTERTAINMENT. Province of Quebec, District oi I, , of , in the county of , in the district of , who am desirous of obtaining a license to keep ♦ situated at f , being duly -^worn, do make oath and say,' that I am a subject of Her Muj' sty, end that I am in all respects duly quali tied according to law, to keep a house or place of public entertainment {Signature.) Sworn to before me, at one thousand eight hundred and J. P. for the district of this day of (B) . FROM OF CERTIFICATE FOR OBTAINING A KEEP AN INN OR TAVERN. (as the case may be.) Ptovince of Quebec, District of We, the undersigned municipal electors of the LICENSE TO of Note.— i4< thv mark * insert " a house or place of public entertainment for retailing spirituous liquors, &c.," or " a hotise or place of puulic entertainment, and for retailing vinous and fermented liquors," as the ca?c ma, be. At the mark f, describe the exact locality as nearly as pObaibie. The Note is common to the forms A, B atul C. < LICENSE TO Licemie Act, . in the county of . do hereby certify that in the diBtriot of ' JhV?T'>"*y ^^. . • a license to ke.l « ' ^^^^ '^ '^«"'*''*'' ^^ obtaining Jhoi lo Lo • 1 ' ^°'" Y^^^b *b« license ia reciuired and ^ i» country parts, /»;' License Acii botind unto Her Majesty, Queen yictoria, her heirs and SrreBSors. in the penal /urn of four hundred dollars o^^^^^^ and lawful money of the province of Canada hat « ^ say, the said T. U., in the sum of two hundred dollars, the s^d V. W., in the sum of one hundred dollars and the «aid A. Y ., in the sum of one hundred dollars, of like good and lawful moneyTr payment of which, well and truly to be made we bSd ouSelves and each of us, our heirs, executors and administrators, firmly by these presents. Whereas the above bounden T. U., is about to obtain ft licenseTkeep* , the condition of this obligation is such, thaU? during all the time such license remajns in force, the said T. U., pays all fines ami penalties which he may be condemned to pay for any ofience ^^g^i^^t A« Jaw ^lative to houses of public entertamment now or hereafter to be in force and does, performs and observes all the re- qu'r^mentrthLof, and ^forms to all -les and -g^^^^ tions that are or may be established by competent authontj in such behalf, then this obligation shall be null and ^o\<^, otherwise to remain in full force, virtue and eftect. In witness whereof, we have signed these presents with our hands, and sealed them with our seals, this day of , X8 . ^ ^^ V.W. X.Y. L.S.1 Signed, Sealed and Delivered, | in the presence of us i (D) ' FORM OF DECliABATlON. Province of Quebec, ) District of ) Before {name and designate the Jus f ices ) {Name of Revenue Officer,) of the city (town, township or parish) o/{name of the city, town '^^'-^^^^''/^S' ri blhll of district oUname if the district,) Revenue Olhcer m behalt ot our Sovereign Lady the Queen, prosecutes, {name of the de> fendant,) of the city, (town, township, or parish) of jn the di«trict of r heirs and liars of good tiat is to saj, 1V8, the said le said X. Y., L and lawful to be made, cecutors and to obtain a lis obligation e remains in ies which he inst the law f or hereafter BS all the re- and regula- ent authority ull and void, lect. presents with is IT. L.S] W. li.S.l Y. T.. 8.] n, township or parish,) in the :er in behalf of {name of (he de- ish) of Licence Ac/. ri.v°»it°i wherea, the said (»am of ,l.fimta„l.*) did at the become liable to pay the sum of doUara CoUtS* Wherefore the said Revenue Officer prays judoment in the premises and that the sni-l {Mme nfdefIJ,7fnZ ' condemned to pay the sun of dolhi^ " cents, for the said offence, with costs. O. Z., Revenue Officer. ProsecMfor. m )e (E) FORM OF SUMMONS. Province of Quebec. ) ^ District of \ To (mme of' defendant,) of the (city, town, iownshin or the distnct of (wwwe ofdistnd,) / r t causes mentioned in the declaration hereunto annexed - otherwise judgment willlx. given againt you by delhuU: Given under my hand and seal, this day of hundred an i " "' ^^^ ^''^''' ?^''^^' ^^''''^' ^"'' thousand elaht nundred and , at , in the district afore- .T. P. ,/>>m t^S:Sf '" " ''""''' "' ' ^-'-W/(., .... t„e oeteudant i/ there are more than one tioL^'' ,1,7 '^^/f '*' .^'"''f '''^•^- ■^•''.<^ "Justice," instead of •' Jus- tlces, when there is only one. 60 I ! r ■ i1 ticense Act CEBTIFICATE OF 8EBVICK. I, the undersigned , do hereby certify, upon my oath of office, that on the w\m Province of Quebec, District of Be it remembered. That on the day of . in the year one thousand eight hundred and , ^i (name of place Ihere convicted,) in the said district (««^»%«/ ^^^/^^Sf^f '> i^ convicted before the undersigned o«e) of Her Majesty s Justices of the Peace for the said district, for that he, the Baid (name of defendant) did (state the offence succinctly of which he or they were convicted) and (/ or ice) adjudge the said Imme of defendant) for his said offence, io forfeit and pay to [name oj j ^^^ j^ ^^ ^^^ ^^^^ ^^ ^^ ^ the sum of , for his costs in this behalf. Given under above mentioned. hand and seal, the day and year first Signature, J. P. (Seal or Seals.) or Signatures. JiQTR—lhecopy lefi with or for the Defendant is to be certified as a " true copy" by the Justice signing the Summon?, • License Act. IfOBH OF WABRANt O*- DlSTftE8«.' Province of Quebec, District of ^°an"CKTS£tr' ''••"- 0«- of , he Peace, ta Whereas (nam of defendant) of the parish of /«,,«, «f about the conviction aforesaid) (#^ These aCllif^ °f command and require you, anVea^ ^xTeTerf ot'tu to di8 rain the goods and chattels of the said %aZ of ^Zend trict -"^nroTth. '''% "^5 ^^ ^•^'^"^ witkinThf sjS^dt evy the said n ,^1^*^^°^^ and chattels so distrained to jew me said penalty and costs, making together the siim »r ..<,.. .„ „,,, »e) ret«n.i„g to the .aid "" """ft e „™ plus, the reasonable charjres of tikinn- ta^^i.,^ j n- |he »id dB.«. .«i.,g fiS dedSfate^t^ ^e^l^? V.O, ^ With the return of this precept what vou shaft have done m the execution thereof. HereoTfail not triS'^ihl""^"' ^ ^^^ '"^ '.'*^' ** • i^ the said dis- hundretand ^"' '' • i- the year one thousand eight er Signature, J. P. (Seal.) (is *'!f" 1 License AcU (H) WARil.VN'l' OF COMMITMENT FOB WANT OF DISTRESS. To all or any ol' the Bailitts. Constables and other Peace ' Cers, L^h ^ district of , and to the keeper of the (/,o«.se of correotio.) at in the «aid district of . Whereas, (cV-, ">''« flie fore.froinfr distress warrmU to the (*) ;;;o"aWrictot ^ co,nmand.n«themorany ul" llunn to levy the waid sums ot »"«■ . J a «. r^ss' ind sale of the ffoods and chattels of the said ■ a.suess .nd ^-^^f^^,^^^^^^ ., ,pp, to me, as we" ^ythe ivturu to the said warrant of distress by the {coj^tabl^) who a he execuiiou of the same, or otherwise, that the said !• !ft/.rhath made diligent search for the goods and cha - ^ fZl.^\A but that no sufficient distress whereon ^viTlto n ««rt id I do hereby command you the «.,d k. ' ,.r «■ *■ «a (/.»«.« «/ conecUo.) to receive the «a^ '' " ; A 'vl c«st,iy, in the ,aid (/,„»« o/ "«^ '-^ ^S 1". "eK-itd'^lUhe'S^Ld ehav.. ^ r Jd di. .„ doius'. ihw shall l« your sufficient warrant. lUvon und..r rnj- hand and .eal thi» ^^ ^J^ the year ol our Lord ai i »" Signature, J. P. [^- ^-i (I) FORM OF COMMITMENT WITHOUT DISTRESS. ler Peace per of the of to the (*) in the 1 warrant ce Officers jm or any said rell by the table) who it the said i and chat- 8 whereon lid; Those Constables ud •m) at ir, together 3U the said re the said clion) there Bss the said he said dis* urther sum er ; and for of , in ct aforesaid. r. [L. s.] Extracts from Statutes. To any Bailiff Constable or other Officer of the Peace in and for the said district [or as the case may be); bee^^oonl£-A' f {desigmte the defendant) 1,0 f 1 i . ^*^ ".V^^*"* ^^^^f' a»d whereas the said D has failed to pay the said sums ;* s^aZ^or'Affio±''f 'Ii."^^"^"''^ y^^ *»^« «^id Bailiff.. Con- stables or Officers of the Peace, or anyone of you, t(^ take the said 0. D., and him safely convey to the gaoYof the said district, {or as the case may be) and there deli?rhim to ^ wifiT' l^^''^^' ^°^i^«^ ^^^^ ^^^ ^'arrant; a^d I (o? we) do hereby command yon the said keeper of the sa?d gao to receive the said C. D. into your custody t he sa d fh. Hrv^*^''' ^''.'T"'^" ^^ for the space of from the day of his arrival as a prisoner thereat, unless the saS iisrSrt^r^f^r'' . a»pear& to is guilty, istrict or Lway of , and is f himself I of the le pawn- I his own abode or ,ny other stolen or r if any jy law to ;tempt to lentioned redeem le person iwned or md shall pawned, y delivar }red to be the custo- 3n as may 3n, as the nty. luiry, has stolen or \Q person r of right ustody for obtaining led, and if ifaction of legally or to redeem , he shall, any other lol of the ait ted, for C. S. L. Cm oh« 14. — ^. No person shall purchase, or P«rohMe of receive in pledge, or in exchange, any clothes, blankets, fire- Sl.°'''a''„g°be. arms or ammunition belonging to any Indian within the longinK to province, under a penalty of twenty dollars, and imprison- h?bUou! '"" ment for any time not exceeding one month, for the first offence, and of forty dollars, and imprisonment for any time not exceeding two months, for the second and every other subsequent offence. ANNO TRICESIMO-PRIMO VICTORIJi REGIN^. CAP. IX. An Act respecting the Treasury Department and the Public Revenue, Expenditure and Accounts. H [Assented to 24//t February, 1808.] ER MAJESTY, by and with the advice and consent of, the Legislature of Quebec, enacts as follows : PRKLIMINAKY— INTERPRETATION. 1. The words " public revenue" or " revenue," or "pub- interpretation lie money," mean all revenue and public money.s, arising ylnue"!''.'''ro-" from any bource whatever, — whether siich revenue and vonu«i" "pub- moneys belong to the province, or are held by the province, ''" '""""^y-" or collected or held by officers of the province for or on account of or in trust for any other province forming part of the dominion, or for the dominion, or for the imperial government, or for any other party. 2. The words " revenue officer" mean any person em- '^^a " levenuo ployed in collecting, managing or accounting for revenue, ° '°*''' or in carrying into effect any laws relatiniz' thereto, or in preventing the contravention of any such laws ; and, so fftr as regards acounting for and paying over such revenue, 74 Treasuri/ De/iarlmeHt Act. the Baid words inoludo any person who, oithor before or since the union, ha8 received or iMM-n cntrustod with any public mon«>r ^"hethor such poraou was regularly employ- ed for ^ w U ! V. ' or not. Formttlon of eoniollilateJ ravanuo fund. Fund to ba •hargeabl* with ita tiwn ez|ionsM, aub- Joot to audit. Monay rotai tu ba nrtt raooa- man'tad bj liout -go?. CONSOLIDATED REVENUE FUND. 3. All revenue whatever, however ari«inff or roceiv«'d, over whieh the leu islnture of this province Imn power of appropriation, shall tbrni one consolidated revi ue fund, to be appropriated lor the pu»)Iic sorvice of the pi vince. 4. Such consolidated revenue fund shall be permanently charj^ed with all the costs, charges and expenses incident to the collection, management and receipt thereof ; such costs, charges and expenses })eiiig Nubjt'ct nevertheless to audit, and to legislative review and vote. Si. The legislative assemblv «hall not adopt or pass any vote, resolution, address or bill, foi- the appropriation of any part of such consolidated revenue fund, or of any tax or impost, to any i>nrpose which has not been lirst recom- mended to the s" I legislative assembly, by message of the lieutenant-governor during the session in which such vote, resolution, address or bill is proposed. ^1 GENERAL COLLECTION ANDMANAOEMKNT OF THE REVENUE. Appointm.>t,ta fj ^he lioutcimnt-govemor in council may, from time to ra»anueoffl- time, dctermuie what revenues ollioers it is necessary to ••"• employ ; and may assign their names of ollice, and fix their salaries or pay, and appoint the times and manner in which the same shall be i)aid ; but no such officer shall receive a higher salary than is s'llewed in his case by any act of the legislature then in force; nor shall any sucn salary be paid unless voted by the legislature. orud^an otVar ^' ^^'^^ Salary or pay allowed to any such officer shall be emoluments, iu lieu of all ('uioluments of any kind whatever, except unlaw permit- actual and authorized disbursements, shares of seizures, forfeitures and penalties ; and no such officer employed on the staft'of any public department, or receiving a saln'y n) or exceeding the rate of one thousand dollars per annum shall exercise any other employment whatever, with a view to derive profit therefrom, directly or indirectly, or shall hold any other oiiice of profit whatever, unless it bo with the express permission of the lieutenant-governor in council. Raranua oiE- ^ jif^, revenue officer shall be comjielle*! to serve in anv from oortaio ouier puDiic oiuce, or in any municipal or local oiiice, or on •orTioai. any jury or iiic|uest, or in the militia, t^tOHurf/ Dppartmflnl jlct. 75 •. livery rovcnuo olUcor shall, ut his admisMion to ofiioo, o«ih tob« Uk« the I'ollowing oath, licforo such poTBon iw tho lieu-** '"'''"•■' tenant>govt«rnor may appoint to recnivo tho Manic, that i« to say : " I, A. 11, do Bwear that I wj' be faithlul ir ho oxhcu- " tion of Iho trust < omuiittod to i sy chargo by my appoint- " niunt a8 , and th • f vill iiol wk or rt-ceivo " any nKuoy, ««rviw, valiK! oi tlniig v hatuvr, directly o; *' indirecti , . ibr anything donn or to V«> done in th' execu- •' tion ol'any ol' tlu* (luti»^8 ol' my m> k olfi ■, otlicr than nvy " flalan' ir whal hall b« allowed ino ^y lav or by order •'of thv aeuti'H- fit-governor in council So it Ip me God." 10. Th(» lieutenant-|i, 'Vt-rnor in council may, from time to time, divide Ihe [)r<>vince i?ito reveniit* diKtriclH for the collection or managi'nuMit of l,hi» rovcnuo -ai.d mny aNiiign revenue oliicers lor any Huch district, , id the place or placoH within (In same where their duty shall li per- formed,- ud m: y mak(4 Huoh regulntioUH (concerning Huch oflicurs iuhI the mah gemeii! of the bumncNH to thtan en- trusted, as nr* oiiHisi iit with the law, and as »e deems ex- pedivUit for tho public good and any '•enernl rei;ulation made by the lieulenant-go\ ornor in ouucil under tho provision of thin aitt, Hhall ajiply to tach particular cjmjo within the intent stud meaning ol such regulation us fully and elfectually as if the name had been madt; with n-ferenco to Huch particular caHO, and as if the oliicers or persons concerned had been Hpecially named therein. '1. A copy of any regnlatio)i or order of the lieutenant- governor ii. couiieil, printed by tho Queen's printer, or a written copy theri-of attoHted by th(^ signature of tho clerk of tho executive council shall be evidence of such regula- tion or order ; and an\ order in writin"- signed by the secretary of the provinc*', and jHirjiortiug > be written by command of the lieutenant-governor, shj; \h '■eceived in evidence an the order of the lieutenant-j^r -niKn. 11. Ev<'ry revenue olhcer employed on any duty or ser- vice bv he orders or with the concurrence ol' the lieu- tenant- vernor in council, shall f ' deemed to bo the proper olficer r that duty or service; and everything required by any law to be done by, to, or with any \, rti- cular officer designated for that purp hp in such law, shall, when done by, to, or with any persoi, api>oiiited or autho- rized by the li(;utenant-governor in council to act in behalf of such parti dar o^fiet^r, be deemed to be d^ne by, to, or with such pariiculai olficer ; 2. And everything required by law to be done at any particular pla€< Williin any su' h revenue district, sh*!!, whcu uouo at »;;y placu witnin h dietrict, appciated by ProTlnoe m«y !;R (llriUedlnto • JT«aua nd tlioir buvlnaif. What ihall b« ■ufflniont trldenn* of • uoh re(ala- tloni. Ofllfl«r dJMig- >,at«d bjr llrat- gf". daefO(,l f otnoer. Plac* dMlg" natadbylUut.- gor. deamad io b« tiio pro- per plaot. 76 Treasuri/ Department Act. the liouteiiant-f^overnor in council, for such purpose, he deemed to be done at the particular place so required by law. RoTcnue onircr* ro- inoyaMo from ono li ranch into iiDotbcr, Oiri-o 1 ou.s Li«ut.-gor, iiiiiy orJcr liooks to bo ku|'t Cent nil uf lOVCDUO officers. 19. Any revenue officer employed for any branch of the revenue, may be employed for any other oranch thereof, whenever it is deemed advantageous for the public service so to employ him. 18, The lie\itenant-governor in council may, from tinic to time, appoint the hours of general attendance of the revenue officers at their places of employment, — and may also ap- point the times during such hours, or the seasons of the iear, at which any particular portions of their duties shall (' performed ; and a notice of the hours of general attend* ance so appointed shall be kept constantly posted ujy in some conspicv. Jiis places in such places of employment. M. The lieutenant-governor in council may direct any revenue officer to keep any books or accounts, for the pur- pose of obtaining any statistical information touching the resources or public works of the province, or other matters of public interest, and may authorize any necessary expense for such purpose tS. The lieutenant-governor in council may, from time to time, assig-n the immediate oversight and control of any revenue officer?, or classes of revenue officers, to such of the public departments as may be deemed convenient ; and in default of other assignment, such immediate oversight and control shall rest with the treasury department. b " .uidTn'to'" ^^ ^^^ revenue shall be paid to the credit of the trea- Jrodit of trea- suror through such othcers, banks or parties, and in Burcr. idit of trea- surer through such othcers, banks or parties, and in euch manner as the lieutenant-governor in council may from time to time direct. of ace" unTn'''' 'T' The lieuteuant-govemor in couucil may, from time for^pubiic to time, appoint the times and mode in which any revenue luoneyg- officer shall account for and pay over the public moneys Etlimrs. which come into his hands, — and may determine the times, manner and form in which, and the officer by whom, any licenses on which any duty is payable, and any stamps for collection of revenue, are to be issued ; but such accounts and payments shall be rendered and made by such officers, at least once in every three months. Moneys how 18. Evcry revcuue officer, on receiving public money, paiTola "° ^hall forthwith deposit the same in his name of office, in such bank as the lieutenant-governor in courf^il may ap- rpose, he juired by ich of the 1 thereof, ic service m time to e revenue f also ap- 118 of the ities shall al attend* ed up in ment. lirect any r the pur- ;hing the ir matters Y expense rom time ol of any ich of the t ; and in sight and the trea- in such Tom time rom time f revenue ! moneys the times, horn, any tamps for accounts h officers, c money, office, in 1 may ap- Treamri/ Department Aii. * point ; and no money so deposited shall be paid out affain, excot for the purpose of being placed to the credit ot the order or official check of the •uccessor, to whom the bank ■ plicate of its being so credit- - shall keep his cash-book )ook8, accounts and papers oitice hours, be open to the in- lu the treasurer may axithorize ."- - . iicn such money is received at apVace where there is no bank into which it can conveni- ently be paid, the lieutenant-governor in council may direct it to be paid over in such manner as he may deem expedient. treasurer, on "the written officer so depositing, r • in shall grant a certificate u ed; and every bv^'' • written up daily, an . U shall, at all times ( urin? spection of any person y < to inspect the same ; TREASURER, AND TREASURY DEPARTMENT. 10. All rights, powers, duties, funclions, responsibilities ^ow". .nd and authorities, at the time of the passing of the " British ^;;^'- »' """- North America Act, 1867," vested in or imposed on the minister of finance, and receiver general, respectively, ot the late province of Canada, by law, and not repugnant to the said act, have been by the said act vested in and im- posed on the treasurer ; and continue so to be, save only in so far as the same may be modified or aflFected by this act, or by any other act of the legislature, or by any laWiul order of the lieutenant-governor in council. , n,v a ♦• 2. The lieutenant-governor in council may, from time to |;;*;;™^*^. time, assign to the treasurer any other duties or function s,ed to him. not repugnant to any act of the legislature. SO. There shall be employed on the staff of the treasury Apr«i« department, under appointment by the lieutenant-governor, treMurer .nd an assistant-treasurer, and an auditor, both of whom shall ^-J^'.^^,. be commissioned under the great seal, and such otHer officers rmd persons as laay be deemed necessary; and their respective duties, in all matters not expressly regulat- ed by law, shall be such an may, i'rom time to time, be as- signed them by order of the lieutenant-governor in council, or subsidiarily thereto, by the treasiirer. ai. The accounts of the province shall be kept by double A'^p^J*;/,. entry in the treasury department, under such regulations ^ow kept. for assurance of their fulness and accuracy, and as to the measures of oversight and responsibility attaching m re- gard to them to the assistant-treasurer and to the auditor respectively, as the lieutenant-governor by order in council, or (subject to all such orders) the treasurer, may make from time to time. , i M^mL 'treasury Department Ad. n in^doiiwi .nd 32 Such accounts should be kept in dollars and cents ; and all accounts to be rendered to the provincial govern- » meut, or to any public officer or department, shall be ren- dered in dollars and cents. Fiioal year. fit thir*. 34. Liout.-gov. may alter period r' aooounting. .fiscal year of the province shall be the period thirtieth of June in one year to and including the >.a of June in the next year. mSSt of r^."" ***• , ^^ ''^*^" ^ practicable after the close of each fiscal tenue and ex- Y®^'"' t^ere shall be prepared in the treasury department to b^Sr"op.red ^^"^ s^^mission to the legislature at its next session, a state- *• ment ot the public accounts for such year, showing clearly and fully the several revenues and expenditures of the province for the year,— the state of the consolidated revenue fund, and of all trust and special funds under the manage- ment of the provincial government,— and all matters re- quisite to explain the financial transactions and position of the province during and at the close of such year. 35. The lieutenant-governor in council may alter the period at or to which any accountant for public moneys, public officer, corporation or institution, is required to render any account or to make any return, whenever in his opinion such alteration will facilitate the correct prepara- tion of such statement of the public accounts or of the esti- mates, anything in any act to the contrary notwithstanding. rcovSreJty'^r ^Pu ^" «^^i^>^at^^« Submitted to the legislature shall be estimates. ^P^ ^^^ servi<:es comiug ill course of payment during the fiscal year, or during such other term as such estimates may expressly purport to cover; and all balances of appro- priation remaining unexpended at the close of such fiscal year or other term, shall lapse and be written off". iurpiui ro 37. The lieutenant-governor in council may, from time rerdordi.-' *<> time, should such course be deemed advisable, direct the poied of. treasurer to invest any portion of the consolidated revenue fund not presently required for expenditure, in public secu- rities of the dominion of Canada ; and may afterwards, whenever requisite to meet expenditure, direct him to dis- pose thereof to that end, \\\ such manner, on such terms, and to such amount, as may oe deemed most for the public advantage. 2. The lieutenant-governor in council may also, from time to time, in case of exigency arising out of failure of the revenue from unforeseen causes, direct the treasurer to effect any needed temporary loans chargeable on the conso- lidated revenue fund, in such manner and form, in such amounts, payable at such periods, andbearin « such rates of Loan*, how effoetcd and applied. 70 id cents ; I govern- il be ren- he period iding the ach fiscal aartment, 1, a state- ig clearly !s of the I revenue raanage- itters re- position ir. alter the moneys, uired to never in ; prepara- the esti- jtanding. shall be iring the jstimates of appro- ich fiscal om time irect the revenue (lie secu- erwards, a to dis- h terms, e public so, from lilure of isurer to le conso- in such 1 rates of Bzpendituret to be made under warrant and by oheokt signed and oountcnigned Who may be deputed to sign and counter* sign ebeolu* Treasury Department Act. interest, not exceeding six per cent per annum, as the lieu- tenant-governor in council may authorize ; but such loans shall not exceed the amount of the deficiencies in the said consolidated revenue fund to meet the charges placed there- on by law, and shall not be applied to any other purposes whatever. as. All expenditure of public moneys shall be made by official check on some bank, upon the warrant of the lieute- nant-governor, signed by himself or by such deputy as he may commission to that end ; such check being signed by the treasurer or assistant-treasurer, and countersigned by the audit( r. 2. In absence of the assistant-treasurer or auditor, any other officer of the department being thereto deputed by him with approval of the treasurer, may sign or countersign such check. aO. The lieutenant-governor in council may, from time f^^^^^nt^*^ to time, direct through what department or departments, j^^^i^^t^M and under what regulations otherwise, the various descrip- be applied for. tions of application for expenditure of public moneys, or any thereof, shall pass to the treasury department ; and no such expenditure shall be made or authorized, or warrant therefor issued, unless upon application duly reaching the treasury department in the course so indicated. 30. All institutions and establishments sustained at pub- Certain ksti- lie expense, shall render quarterly (and oftener, if required J"„de J qu„. by the treasurer) their accounts in detail, for the purpose of teriyaeoounUj being audited, accoiiipanied by proper vouchers for the ex- penditure of the moneys received by them; and whenever consequence of such accounts or A'ouchcrs are insufficient or irregular, or [«'"'<>»» «»<» not rendered to his satisfaction, the treasurer shall require the parties to supply all omissions and correct all irregu- larities, and shall suspend all further advance or payment to the institution or establishment in question, until such accounts and vouchers have been properly furnished. 31. All institutions, establishments, associations and Certain insti- bodies sustained or in part aided by public expense, shall '„"lfce',Mriy render yearly, on or before the thirty-first of Juljr, in such report, form as from time to time may be required by the lieutenant- governor in council, full report of their condition, manage- ment and progress, and also all statistical returns which may, from time to time, be required of them by the lieu- tenant-governor in council. 3«. The secretary-treasurer or treasurer of every muni- ^»°J*^^'^" cipality for which any sum of money has been raised on ° "° ' ' 80 Treasury Department Act. munioipaiitieg the Credit of the consolidated municipal loan fund of the muniofpaUoan 1**® province of Canada, shall, so long as any part of such fttn*. sum or of the interest thereon remains unpaid by such municipality, transmit to the treasurer, on or before the thirtieth day of January, or such other day in every year as may be ordered by the lieutenant-governor in council, a return, certiHed under his oath before some justice of the peace, Retting forth the amount of movable property in such municipality, according to the then last assessment roll or rolls, a true account of all the assets, debts and liabilities of such municipality, and all snch information and particulars as to the resources, debts and liabilities thereof as the lieutenant-governor in council may from time to time require. To whom «uoh aooounts and returns (hall be ren(i«red> 33. The lieutenant-governor in council may, from time to time, direct through what department or departments the various accounts and returns referred to in the last three preceding sections, or any thereof shall be rendered for transmission to the treasury department ; and in default of other direction the same shall be rendered directly to the treasury department I BOARD OF AfTDIT, AND ITS POM'JiRS AND DUTIES. Appointment 34. Tho Hcutenant-goveruor may, by Icttcrs-patent Under toard of 'audit. ^^'^ S^^** "^'•'*^' Constitute and appoint, during pleasure, a board of audit, whose duty it shall be, under the direction and supervision of the treasurer, from time to time, to exa- mine into and report on all matt'^rs coming before them, as hereinafter provided, or upon reference to them by the treasurer. Who abaii 3«S. The board shall consist of tho assistant-treasurer and 2f aJdit*. '"*'"^ auditor, and of such deputy heads of ot>her departments having oversight or control in matters of revenue or expen- diture, as the lieutenant-governor by such letters-patent may designate ; and the auditor shall be the chairman of the board. Abient ra»m- 36. The licutenant-govemor may, in case of the illness wpiwed. ^^ absence of any member of the board, authorize any officer of the same department to perform all or any of tho duties of the absent member as such. Preliminary audit ef cer- tain accoiinta bv each uicm b«r. 37. Each meni])er of the board, other than the auditor, shall severally audit in the firsl instance the details of the accounts of Nuoh department or departments (including those of all ollicers and persons under the oversight and control thereof) as may be assigned him by the lieutenant- TVeanury Dcparftnenl Act. ol go\ emor in council, and nhall bo responsible for the cor- rectness oi" such audit. 38. The auditor shall examine, check and audit all other other acom,ni. accounts of receipt and expenditure of public moneys, ^y auditor. whether appertaining to the province, or received or ex- pended by the province on account of, or in trust lor any other party or parties ; and all accounts of rt^ceipt and expenditure which are required to be primarily audited by other members of th.> board, shall nevertheless be submitted to the auditor for review and final audit. 39. In case of any diflerence of opinion between the Bo;;f,,^° J- auditor and any other membi-r of the board on any point ^„p„, i,otwoon connected with accounts in charge of suoli other member, a;;Jit- .^nd the matter shall be su])mitted to the board ; and any member ,„4,,,,^ may brin"- any question of audit befon; the f)oard, although it may no"t relate to the department under hi« charge. 2. Upon all matters of importance, the board «h^il\r^n^ort Bc-ani/o^r^a. to the treasurer ; and no decision of the board shall l>e ,„r,r, binding until it has been approved by him ; and when any such report is made, any member of the board may record his dissent on the minutes, and may submit to the treasurer a minority report. 40. The board of audit shall frame regulations respecting R^k^'^^^^/j the mcthot of ))ook-keeping to be used in the several d^'- ,,, b„.,.a „, partments and by the several sub-accountants of the pro- au.iit viiKv the issuing of warrants, the accounting lor public moneys, and the auditing of accounts thereof, and shaft submit such regulations to the iieatenant-governor in council through the treasurer ; and, from time to time, may suj/sreH any amendments which they may deem advisable in s»H.h regulations, and submit them in like manner ; and any order in council made on any of those subjects shall have the force of law until revoked or amended as it may be, by any subsequent order. 41. The board of audit shall oxamirie the yearly statement Bo.rd to „-^ of the public accounts, and submit thereon to the treasuier ;;e„,/,tat«- their report, lor communication to the legislature. moDt. 4«. The board of audit may ciaminf any person on oath ^;;;^«J to »;[;^ or affirmation on any matter pertinent lo any accomit sub- mitted to it for audit, and such oath '>r a.firmation may be administered by any memb*'r of the board 43, Anymerabi'rof the fx-ard, duly aut hori/ed by it, Mjji-f^c - may applv. in term or in vacation, to any jiidgc of ttiej,„,,, superior court, for an order that a su^^Kxma be issued from n \ 88 Treasury Department Act, the court, commanding any person therein named to appear before the said board at the time and place mentioned in such subpcBna, and then and there to testify to all matters within his knowledge relative to any account submitted to the board, and (if the board so desire) to bring with him and produce to the board any document, paper or thing, which he may have in his possession relative to any such account as aforesaid ; and such subpwua shall issue accord- ingly uiwn the order of such judge. fiowrd maj ill u« oommii' liobi to tak« •Tidanca. 44. If by reason of the distance at which any person whose evidence is required by the board resides from the place where its sittings are held, or for any other cause, the board deem it advisable, they may issue a commission, under the hand and seals of any two members of the board, to any officer or person therein named, empowering him to take such evidence, and report the same to them ; and such officer or person, being first sworn before some justice of the peace faithfully to execute the duty entrusted to him by such commission, shall, with regard to such evidence, miMioMri'.*""' ^^^'® *^^*^ same powers as the board, or any member thereof, would have had if such evidence had been taken liefore the board, and may, in like manner, apply to and obtain from any judge of the superior com t, a subpoena for the purpose of compelling the attendance of any person, or the production of any document, paper or thing, before him ; And such subpoena shall issue accordingly on the order of such judge, or such subpoena may issue on the application of any member of the board authorized to make such appli- cation, to compel such attendance, or the production of any document, paper or thing before such commissioner. umi'u iVto' ^^- I^ ^"y pe«on so summoned to attend before the •rtdauM. board of audit or any commissioner appointed as aforesaid, fails, without valid excuse, to attend accordingly, — or being commanded to produce any document, paper or thing iu his possession, fails to produce the same, — or refuses to be sworn or to answer any lawful and pertinent question put to him by the board or by such commissioner, such person shall, for each such offence, incure a penalty of one hundred dol'-'rs, and may likewise be dealt with by the court out of which the subpoena issued, as having refused to obey the process of such court, and as being guilty of a contempt thereof. SPECIAL DUTIES OF AUDITOR. Duties of •uditor. I 46. The auditor shall see that no warrant issues for the payment of any public money for which there is no direct legislative appropriation, or in excess of any portion of — I- iippiopiiation the expenditure of which has been sU'h Treasury Department Act. "" authorized by the lieutenant-governor in council ; and he shall report to the lieutenant-govomor in counciUhrougfe the treasurer, any case in which a department or sul^ accountant ha« expended money out of the proceeds of any accountable warrant, for any puri>oBe lor which there is no sufficient authority, or beyond the amount for which there is such authority, 47. No money warrant shall issue except upon the certi- »o«7;;|«^, ficate of the auditor that there is legislative authority tor out^hu c.nic* the exnenditure ; but nevertheless : "* ' 1. If upon any application for a wairant the auditor reported that there is no legislative authority for issuing it, ^ig„^ and the written opinion of the law officer of the crown is then given that there is such authority, citing it, the trea- surer may authorize the preparation of the warrant irre- spectively of the auditor's report ; •!„„+„ , ^..» o If when the legislature is not in session, any accident or in o.rt»m happens to any public work or building which requires ^^,^^,,, immediate outlay for the repair thereof, or any other occa- sion arises when" any expenditure not foreseen or provided for bv th<' legislature is urgently and immediately required for the public good, then, upon the report of the treasurer that there is no legislative provision, and of the minister having charge of the particular service m question, that the necessity is urgent, the lieutenant-governor m council may order a special warrant to be prer ired, for the issue ot the amount estimated to be required; which warrant ahall be siffuefl by the lieutenant-governor himself, and the amount thereof shall be placed by the treasurer to a special account, against which warrants may issue from time to time in the usual form, as they may be required ; ...,.,,« 3. It shall be the duty of the auditor, in all such cases, to Au,.to. to_p«- menarea statement of all such legal opinions rei>orts ot , , ^ „o.p- council and special warrants, and of all expenditure incur- tionai cmm. red in consequiMice thereof, which he shall deliver to the treasurer, who shall present the same to the l«gi«lf ture not later than the third day of the session thereof then next ensuing, 48 If the auditor has refused to certify that a warrant T;^f»;^'J_ mav issue, on the ground that the money is not justly due, twoen auditor rtVat?tk,.a->uessofthe authority granted by council, "d bo«d. or for any re8,^a other than that there is no legislative authority, then, upon a report of the board of audit on the ca'e, the treasurer shall be the judge of the auditors objection, and may sustain him or order the issue of the warrant, in his discretion. di Trensufi/ Deparhiicfif Ac/. PouBUy for failure t ) iiccuunt. LIAUILITY OF PUBUC ACCOUNTANTS AND REVENUE OFFICERS. 49. II" any person relusos or neglects to transmit any account, statement or return, with the proper vouchers, to tho ofHcor or department to whom he is lawfully required to irnnsmit the name, on or before tht^ day appointed for the transmission thereof, such person shall, for every such refusal or neglect, incur a i>enalty of one hundred dollars ; and, in tiij; netion for the recovery of such sum, it shall be sufficient to prove, by any (me witness or other evidence, that such nccount, statement or return ought to have been transmitted l;y the defendant, as alleged, and the onus of jn-oving thai the same was so transmitted shall rest ujwu the detendaut. rjrelov.r"" •'^- Whenever the treasurer has reason to believe ti:at penalty. any offioi'r or person has received public money, or money applicable to any public purpose, and has not paid over or 8 not pfti.l ovur IT II 'coMiiU'il for williin (leliiy ll.\cil by notice. Cons- ols, if any such person fails to pay over, apply or account for any such money, and to transmit such, vouchers within the time limited by the notice served on him,- the treasu- rer shall stale an account against such person in the matter to vyhieh the notice relates, charging interest from the service thereof, and shall deliver a copy thereof to the attor- ney-general, and such copy shall be sulHcient evidence to support any proceeding for the recov^'ry of the amount thus shewn to be in the hands of the defendant, as a debt due to the crown, saving his right to plead and give in evidence all such matters as may be legal and proper for his defence ; and the defendant shall be liable to costs, whatever be the Judgmen), unless lie proves that before the time limited in such notice, he paid over or applied and duly accounted for the money therein mentioned, and transmitted the proper Aouchers, or unless he has been sued in a representative character, and is not personally liable for such money, or to tender such account. Treasurf/ Deparlnienl Act. 86 .19. Whenpver any such person has transmitted an ftc-NoU«*«d^ count oither before or after notice as aforesaid, but witnout ^^.n ^oount voiichers, or with insufficient vouchers, ibr any ««m fori.«.^b.o„^.^^^ which ho therein takes credit,— the treasurer may nouiy „„j .umcont him, in the manner menti )ned in the next preceding section roueher.. but one, to transmit vouchers, or sufficient vouchers, within thirty days after the service of the notice ; and it such vouchers are not transmitted within that time, the treasurer may state an account a«?ain8t him, disrej?arding the sums for which he has taken credit, but tor which he has trans- mitted no vouchers or insulficient vouchers, and may de- liver a copy of such account to the attorney-general, and such copy shall be sufftcient evidence to support any pro- ceeding for the recovery of the amount therein shown to be in the hands of the defendant, saving his right to plead and give n evidence all such matters as may be legal and proper for his defence ;— but such defendant shall be liable Co,u. to costs, whatever be the .judgment, unless the vouchers by him transmitted within the time limited by the notice served on him, or before such service, are lound oi them- selves sufficient for his defence, and for his discharge from all sums demanded of him. , , , -rr^ ^ ., , ^ 2 The said notice shall be served and the sherift s return Notice, how of service shall b(^ of the like eflect as provided m section fifty with regard to the notice therein mentioned. 38. If at any time it appears clearly, by the books of ac- 1^^;^^°^. counts kept by or in the office of any revenue olncer, or by tion „,By isdu* his written acknowledgment or confession,-that he^has by again.t^do-^ virtue of his office or employment received moneys Deio'^ff- out bringing ing to Her Majesty, and amounting to a sum certain, which suit. he has tailed to pay over to th^ officer duly api>ouited to receive the same, and in the manner and at the time law- fully appointed,— then upon affidavit of thn facts, by any officer cognizant thereof, and thereunto authorized by the. lieutenant-governor in council, made before a ludge oi the superior court, such judge shall cause to be issued against the goods, chattels and lands of such officer, such writ or writs as might have issued out of such court, if the bond given by him had been put in suit, and judgment had been thereupon obtained, for a like sum, and any delay by law allowed between judgment and execution had expired ; and such writ or writs shall be executed by the sheritt or other proper oificer, and such sum as aforesaid shall be levied under them with costs, and all further proceedings shall be had, as if judgment as aforesaid had been actually obtained. 54 If any person has received public money for the rrocoedingi purpose of applying it to any spocitic purpose, and has nofS""" P»'- 86 Treasury Deparlmenl Act. ,|'4 •ppV'So*"*^ applied it within the time or in the maimer provi''ed by B00.7: law,— or if any perKon having held any public office and having ceased to hold the same, has in his hands any public money received by him as such officer for the purpose of being applied to any specilic purpose for which he has not 80 applied it, — such jx^rson nhall be deemed to have received such money for the crown for the public uses of the pro- vince, and may be notilied by the treasurer to pay such hum back to him, and the sa;ne may be recovered from him, in any manner in which debts to the crown may be recov- ered,— and an equal sum may in the meantime be applied to the purpose to which such sum ouffht to have been applied. other monry to bo applied in the moan- time. oiB*e«!f.»[ing, ^^ ^^^y '■6^0" ofa»y malfeasance, or of any gross care- io«i to pubiio lessness or neglect of duty, by any revenue officer, any sum wTen-ie. of money is lost to the crown,— such officer or person shall be accountable for such sum, as if he had collected and re- ceived the same, and it may be recovered from him on proof of such malfeasance, gross carelessness or neglect, in like manner as if he had so collected and received it. Diamittal of officer receiv- ing » bribe. Penalty againit party bribing. Boalig. doc 11- mentt, inoneyii, to., held by officer aa auch defined to be- long to the erown. Penalty Tor re- fuaal to dolirer Mp the asm*. •W. If any revenue officer receives directly or indirectly any money, service, value or thing whatever, from any person so legally authorized to pay or allow the same, on account of anything done by him in any way relating to his office or employment, except what he receives by order or with tho permission of the lieutenant-governor in council, — every such officer shall, on proof to the satisfaction of the lieutenant-governor, be dismissed from his office or em- ployment ; and if any person net behig an officer duly authorized to pay or allow the same, gives, offel-s or pro- mises any such money, service, value or thing, he shall, for every such gift, offer or promise, incur a i)enalty of four hundred dollars. S7. All books, papers, accounts and documents of what kind soever, kept or used by, or in the possession of any revenue officer by virtue of his employment as such, shall be deemed to be chattels belonging to Her Majesty.^and all moneys or valuable securities received or taken into his possession by virtue of his employment, shall be deemed to be moneys and valuable securities belonging to Her Majesty. 2. If any such officer or person at any time refuses or fails to pay over or deliver up any such chattel, money or valuable security, to any officer or person who, being duly authorized by the lieutenant-governor in council, demands the same, he shall, for every such refusal or neglect, incur ft penalty of one thousand dollars. \-ii. Treasury Department Act. Si »vif'ed by office and uy public urpose of 3 has not s received the pro- pay such "rem him, be recov- e applied are beeu ross care- any sum -son shall I and re- him on ;glect, in it. udirectly "rora any same, on lug to his order or Duucil, — m of the ; or em- cer duly rs or pro- shall, ibr of four of what n of any ch, shall ty, — ^and L into his semod to Majesty, efuses or aoney or ing duly demands ct, incur as. Nothing contained in this act shall prevent lessen Thu^t^wi or impair any remedy already given by lave to Her Majesty „oo»mii- or any other party. ^ " MISCELLANEOUS PROVISION i. SO. In all cases wherein any oath, affirmation or declara- wh»,2r"»tiV tion is required by this act, or by any law relating to the „„de, thu ^t. revenue, or is necessary for the satisfaction or consideration of the lieutenant-governor in council, in any matter relating to the revenue, ana no person is specially named before whom the .same is to be made,— it may be made before any person appointed to receive the same by the lieutenant- governor, aiul such person shall administer such oath or Affirmation or re .eive such declaration ; and in any case or A"^*^'-^- class of cases where an oath is required by this act orbyioeerui. any law in force, in any matter relating to the revenue, the owe.. lieutenant-govenxor in council may authorize the sub^itu- tion for such oath, of a solemn alfirmation or of a declara- tion, which shall then avail to all intents and purposes as such oath would have done. 00. Upon all examinations and enquiries made by order l^^^^"' of the lieutenant-governor in council, lor ascertaining tneo^t^, truth as to any fact concerning the revenue, or the conduct of revenue officers,- and upon like examinations and en- quiries made by any person authorized by the lieutenant- Irovemor in council to make the same,— any person to be examined as a witness shall deliver his testimony on oath, to be administered to him by the person making the exami- , nation or enquiry, 01. The lieutenant-governor, whenever he deems it con- Licn^.-rT.^^ ducive to the public good, and when great public inconve- „,y ,„„it nience or great hardship and injustice to individuals would pon.tiio., *.. otherwise ensue, may remit any tax, duty or toll payable to Her Maiesty, imposed or authorized either before or since the Union, and relating to any matter within the scope of the powers of this legislature, or any forfeiture or pecuniary penalty imposed or authorized to be imposed, for any con- travention of the laws relating to the revenue or to the management of any public work producing toll or revenue, althou«-h any part of such forfeiture or penalty be given by law to'the informer or prosecutor, or to any other party ;— and such remission may be made by any general regulation Form of r.n.u. or bv any special order in any particular case, and may be total or partial, unconditional or conditional ; but if condi- tional, and the condition be not performed, the order made in the case shall be null and void, and all proceedings may be had and taken as if it had not been made. 88 Treasury Dejn: ilment Act. M MmiTc^te h A detailed statement of uU such remissioi s as afore- be (ubmittod said, shall be annually submitted to the several branches of to uguutur.. the legislature, within the first fifteen days of the next ensu- ing session thereof. pf'nait'JJ."' ,T**' T^*^* attorney-general may sue for and recover in Her Majesty s name any penalty or forfeiture imposed by any law relating to the revenue, or may direct the discontinu- ance of any suit for any such i)enalty or forfeiture, by whom Ap^pj.cat.on of or m whose name soever the same has been brought; and the whole of such penalty or forfeiture shall belong to Her Majesty for the public uses of the province, unless the heutenant-governoi in council do, as he may if he sees fit, allow any portion thereof to the seiiiing officer or other person by whose information or aid the penalty or forfeiture has been recovered. o^fC^Sr • **; ^^^ commissions and appointments of revenue officers, to tbia act, and issued Or made before the passing of this act, whether be- &o'!'to''co„'!' ^^^^.^^ ^^"^r *^« Union, shall continue in force, unless and tinue the same. ii"til revoked or altered by competent authority ; and the nature of the duties and local extent of the powers of each office, shall, unless and until they be expressly altered, and so far as they are not inconsistent with any act of this le- gislature, remain the same as if granted or made under the authority of this act, subject always to the provisions and enactments thereof; and all bonds which have been given by such officers or persons, or their sureties, shall remain in full force and effect. 6, partially repealed. e ?i a'I'b and ^f ^^ "^^^^^ ^^ chapters fourteen and sixteen of the con- 27 k 28 V. 0. sohdated statutes of the late province of Canada, or of chap- ter six of the acts of the legislature of the said province, passed in the session held in the twenty-seventh and twenty-eighth years of Her Majesty's reigU, or of any other act or law in force in this province, as is inconsistent with this act or makes any provision in any matter provided for by this act other than such as is hereby made, is repealed, in so far as relates to matters subject to the control of this legislature. Short title. 6S. Act." This act may be cited as " The Treasury Department Secmtli/ by Officeri. 80 >>k^X/ ANNO ECU N DO VirrORli^ REGINiE. CAP. IX H An Act respecting the Security to be given by Officers of the Province of Q' bee. [AHsented to bih Afml, 1869.] ER MA.TESTY, by and with the o'^vice and consent of the Legislature of Quebec, enacts s follows : 1 The following terms shall, in this act, unless the con- intorpreKtion. text otherwise requires, have the meanings hereby assigned to them, that is to say : , , The term "public officer" shall mean every person hold.^^P';M"='>«- inir or who may hereafter hold, or be apponited to, any office or employment, luider the control of this province which is remunerated out of the consolidated reyeime tund of the province, or out of moneys provided by the U^sla, ture, or out of, or by, fees authorized by some public statute or by some order in council or departmental ord 1.0 I.I 150 ™^~ 1^ 2.2 2.0 i.8 L25 IIIIIJA 111 1.6 V] l cM -^■A.^>' /^ .■»■■ ^;j .:'^> ^^^ ^^^''' .^ V Photographic Sciences Corporation €i^ 4^ ^ ^r '% ^ <^ v^U a V # 23 WEST MAIN STREET WEBSTER, N.Y. MS80 (716) 872-4503 ) i" 4 t^' 4^. V^."^* .s ^^ %> ¥ 90 i^bat kiad of eeenrity. Hypothecs/ (eturity. Secvritij by Oj/icers. Depotlt le- ourity. Btoak laeorUy, Guarantee le- ouritjr. 3. Such security may be either hypothecary €c-Lxity deposit security, stock security, or guarantee security. ^' Deposit security shall consist in the deposit in money of the amount of the secxirity. by the public officer orbyLy surer s credit m any bank approved by h^m by the public officer or by any surety for him, of such d'' bentures, stock or shares as the treasurer may appro;^ of and to the amount required. ^ "i'pro^e or, Guarantee security shall consist in the bond or policy of guarantee, given m favor of the treasurer, by the EuroS^i assurance society mentioned in the ImpWill act ?wS or i^nt stT'' '^"P*"' twenty-five, or by any incorSed or joint stock company, incorporated and empowered for iicoundr''' ^^"^ "PP^^^'^^l ofbythelieuteuant-governor ^oTr'T^' f- Notwithstanding articles 2017 and 2044 of the ciyil B breach of the eeeuritjr. „i, • K II® """"'IP/ *^^^ hypothecary security bavinir been fm! ^^Iv,*^" P^-^i'" ^®""'' ^''^^^^' ^"d of the death of such I.ul *^' ^f^i^fi^.^i« mentioned in the preceding aSe shal be granted within six months from sichdeatf Sss the' se'curU " " ^'^^"""^ *^^* *^^^« ^^ »^^- a breach of In the case of the hypothecary security havinir been given by a surety and of the death of the pubuS Ser or ol the withdrawal of the surety, the said certificate shaU bl granted within six months from such dea or from the notice of 8uch withdrawal, as the case may be, unlew the securu" ^^ °^ «P"" " that there has been Ureachonhe Security by Officefi. n r. luthe ca^e where deposit security or stock Becun^ty int.r.st «a^_ Bhall have been given, all interest, dividends or proms , it „, ,tock g^. whatever, arising from or payable on account of the-ritytob. moneys deposited, or the debentures, stock or shares trans- ,^^ty. ferred, shall continue to bt payable to and recoverable by the person who has given such security, in the same manner as if such deposit or transfer had not been made. 8. Notwithstanding and without prejudice to article 1964 'ssj.^c^o^ of tLo civil code, any surety of a public officer may tree nun- ,i.hdr»w miier self, and the land, money, debentures, stock or share^ given 3 month. in security from future liability under his suretyship, by giving at least three months previous notice to that eflect to the treasurer. O. No money, debentures, stock or shares, given m sec«- Prop«^rt^_ «»;^««» rity under this act, shall, while such security lasts, be lia- 1« exempt ble to seizure or attachment either before or after judgment, from ....are. 10. In any action brought for the recovery of any sum CerHflo.t.j>r^ due in virtue of any security in consequence ot any breacn eridenoe of thereof, the certificate of the treasurer shall be i^imd facie hr^^y^. evidence of such breach, and of such amount being due. * II. It shall be the duty of the treasurer to enquire from T««uj«J^to time to time into the sufficiency of any security given under report as to this act, and to report to the lieixtenant-govemor m council J^ffi^-oy «' if the same shall have ceased to be sufficient. 19. Every public officer failing to give security in accor- f-/«f;j:,:'„„ dance with this act when duiv requir<^d to do so, shall lor- of .eourity. feit his office ; but such forfeiture shall not annul or make - void any act or thing done by him during the time he ac- tually held such office; and the lieutenant-governor in RemiMion of council may remit the forfeiture m any case m which the „jj,i„g„„. failure to give security has )t arisen from wilful neglect. 19. Any public officer giving security under this act 8«j;»H«y ««Jj' shall not be bound to do so under any other act ; and upon ,uffiei»iit. his iriving security under this act, any other seciirity already given shall cease for the future, but shall continue to avail tor any liability previously incurred by reason of any breach thereof, 14. The security given under this act shall enure prefer- x<»who,«b.n.- entially to the treasurer, to cover any loss to the province .hau enure, arising from any breach thereof, and secondarily to any per- son who has suffered loss by reason of any such breach ; and any such person haviug first obtained the authorization of one of the law officers of the crown may, for his own be- ^^.* l1 S't. Si Peritn raqnir isg authoriza- tion to sue as (urety must giy« «8curitjr Security hy Officen. nefit, biit at his own risk as regards costs, bring suit in tlie name ot the treasurer for the recovery of his loss out of such security. «» uut u* 1*5. The authorization montioned in the preceding article shall not be granted, unless the person applying for the same gives security, to the satisfaction of the hw officer of the crown, for the payment of all costs that may be incur- red by reason of his failure in any «uch suit, or in any pro- ceeding therein. ^ ^ Person author- ■« a., i_ ■ , i«ed to Bue ■''• Any person having such authorization may on nav- ro;;onn"tru.'''^"u ''^■''*^*' fee f may be chargeable, obtain from the oA- mentofeeouri- ^'^'^ having custody ol the securities given under this act a ty. copy ot the document evidencing the particular security ane,!"' "rx^fi^^i"^ he intends to bring suit. This copy shall be certified by such officor, and shall be authentic evidence of the security. Treasurer t» m<9 ry\\, , furnish state- „ ■'• i he tieasUrer shall cause to be prepared for thp in- S::K:f«^•»^«ti«^.«l■ the legislature, withhi fifS days after th^ opening ol every session thereof, a detailed statement of aU bonds or securities given uiider this act, and of any changea or entries chat have been made in reference to the names and residence of any securities, and of the amounts in which they have become severally liable, since the period of the previous return submitted to the legislature. Seouriti«s al- -^ All i ready given to ■»• All bouds and Securities heretofore given bv anv co^nu, pubhc officer, and his sureties, or any of them, under any law now ill iorce m this province, shall be held to be and ""r . !?V .u^ and binding, notwithstanding the changes effected by the British North America Act, 1867, until other security shall have been given in lieu thereof under this act, and even after such other security shall have been given, m so far as regards liabilities incurred for any breach "^IT, If "^^ '''■ securities ; subject nevertheless to the right oi the sureties therein named to relieve themsehes rom liability m the manner provided for that purpose by this act, or by the act under which such bonds or securities were given. Personal name ga T,. j . » ' of treasurer , "\- ^" any documcnt made, or suit brought, or other need no, be legal proceeding had, under this act, the personal name of the treasurer need not be used. Commence- ^^.^ rru- mentof this -W. Ih.s act shall come into force on such day as shall •«'• be hxed for that purpose by proclamation. Security bif Judicial Office fi. d ANNO TE1CK8IMO-8EXTO VICTORIiE REGIN.E. H CAP. XV. An Act respecting the Securities of certain Judicial Officers of Hie Province of Quebec. [Aisented to 2ith December, 1872.] ER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as Ml .vs : ^£^, rfbailSthe superior court, under ^l^^^Tl^^i:^:::: hi relation to the same, whether such secnnty must be„„d„,2v., Sven in place of any other, or by reason of a new appoint- c .. S::? to W of suc\ offices, Bhall in future ^^-^^J^^ clusively under the authority of the act thirty-secona Victoria, chapter nine. ft The foregoing section shall be without prejudice to jmont^P';; the provisions^of iL respecting such offic^^^^^^^^^ the same relate to the amount of security to be luniisnea ^^^^^^^^ to the delavs within which it shall be given, and to the *^naltie: iiix,sed for the neglect to furnish such security provided that such provisions be consistent with those ol this act. 3. The securities to be |iven by the oSicersh^f^^jt^XHy^ mentioned, shall, any law to the contrary notwithstanding, ^ ,y^„ be for the amounts following, that 18 to say 1 By theXritf of the district of Montreal, tweve thous. and dollars; by the sheriff of the district o Quel . c, eight Soused dollars; by the sheriff f the district of Three RivTrtfour thousand dollars; and by the sheriffs of the other districts, two thousand dollars each ; . r. *v,„ 2 By the Kothonotaries of the superior court for the districts of Quebec and Montreal, four thousand dollars tch ; and by those of the other districts, two thousand ^t'fiyThe 'clerks of the circuit court, six hundred dollars each. 04 Ordtn in Council. ORDERS IN COUNCIL. Order in Council dated on the Srd February, 1871, «5 amended by Urder m Council dated on the 19th June, 1878. PROVINCE OF QUEBEC. EXECUTIVE Council Chambers. Quebec, Srd February, 1871. Present ; The Lieutenant-Governor of the Province of Quebec. WHEREAS ill section one hundred and ninety-sii of the torovi^r T'^ *^*^^ ^^'* '*''?^°" ^f *^« legislature of this &wL "^^^i"' . r-. ?^^*!f^^«d: " The Quebec License decUr«!l * ^""'^^ "District" and "Revenue Office." are declared to mean and refer to "District" and " ReVenue S oof 7""'^ ""1 ^^^^^^ ^y *^« lieutenant-goTernor m counci , under the tenth section of the " Tre^nrv De- partment Act," and that in order to carry out the pTov' sions collection of revenue and the proper attention of the reve- nue officers, and for their guidance and instructions in the performance of their duties, it is necessary that the prt^ v^ncft. Quebec be divided into districts, f6r revenue pu?^ 01 the duties of the said revenue officers. vid«Vfr,?TT /^^*i-^' .'^^^ P''^^"^^^ °^ Q««bec be di- Berenae District :— . ^''*^*^^^* To consist of the judicial district of ^ Arthahaska : ^®'*'**'^ To consist of the judicial district of _ Beauce ; Beanharnois To consist of the judicial district of P Beanharnois ,' ^®^**^^ ....«.To consist of the judicial district of Bedford ; Ckdeu in Council Boaaventure To consist of the eounty of Bonavea. ture ; Chicoutimi To consist of the judicial district of Chicoutimi ; Gasnfe To consist of the county of Gaapfi, aave and expect the Magdalen Islands ; Iberdlle To consist of the judicial district of Ib©rvillB * joliette To consist of the judicial district of Joliette; Kamouraska ....To consist of the judicial district of Kft' mouraska, save and except the coun- ty of Temiscouata ; Maffdalen Islands.. To consist of that part of the ^strict of aasp6, known as the Magdalen It- lands ; Montmagny To consist of the judicial district (1) of Montniagny, except the parish of Beau- mont, now attached for revenue pur- poses to the Quebec district (2) ; Montreal To consist of the judicial district of Montreal ; » ^x j Ottawa...... To consist of the county of Ottawa, itt the district of Ottawa ; Pontiac To consist of the county ofPontiac, in the district of Ottawa ; Qaebec To consist of the judicial district (1) of Quebec and the parish of Beaumont : Richelieu To consist of the judicial district of Richelieu ; Rimouski To consist of the judicial district ot Riraouski ; ,..,.. x • x * Saguenay To consist of the judicial district ot Saguenay ; •,. . p St. Francis To consist of the judicial district of St. Francis ; St Hyacinthe To consist of the judicial distnot ot St. Hyacinthe ; Temiscouata To consist of the county of Temiscouata, in the district of Kamouraska ; Terrebonne ...To consist of the judicial district of Terrebonne ; ^ Three Rivers......... To consist of the judicial district of Three Rivers. (1) As commuted before the coming into force of the act 86 r, c. 35. (2) In virtite of the Order in Council dated on the IM June, 1873. ^t *'* Offferf^ in CouncU. And with regard to the above referred to allegations :— ■- It is oedkbed that ^he several officers hereafter to be named lor any of the said revenue districts, shall be under- stood to be named for and assigned to act, for the respec- tive districts as above described, and all revenue officers shall be guided by the requirements of the said Treasury Department Act, aiid those of any other acts in force, and by such orders of the lieutenant-governor -n council, as are or may nereafter be passed, and of the treasurer of the pro- ^'"mif* ^. ^^y ^^°™ *^™® *o ti™e be issued ; That in case of any vacancy occurring in the office of any revenue officer, the treasurer of the Province shall have power to authorize any other revenue officer to act temporari- lym any such district where a vacancy exists, and to perform all the duties thereof, until such vacancy shall be filled by the iieutenant-govenior in council, in the usual way • rhat the usual fees and percentage shall be allowed to tne coUectors of inland revenue, respectively, for their services, as have heretofore been allowed and paid, subiect however to the provisions of law, in that behalf, as to amount of remuneration and to holding any other office or employment, and also subject to such orders in council, aa »»^ hereafter be issued with respect thereto • . That all revenue officers shall keep proper books ofac- count showing the number of licenses issued, the names o\ parties to whom licenses have been granted, the kind of ncense the amount received for such license, and generally all such statements as may be directed by the treasurer to be kept, and such books shall be open, at all times, for the inspection of such officer or officers as may be charged from time to time, by him to inspect and report upon the same : mat such instructions and orders as may, from time to time, be given to any revenue officer by the treasurer, as to the mode of keeping the books of account, as to render- mg accounts of licenses issued and money received ther**^ lor. and as to payments of moneys into the treasury depart- ment, the inspection of houses and places of public enter- tainment, the publishing of lists of parties to whom licenses liaye been issued, annually or oftener, and any other matter or thing relating to the collection of revenue or appertain- ing thereto shal be binding upon such revenue officers, and ' ?i5u Vfi- ^'^ *^eir duty to obey and carry out the same: mat the oath mentioned in section nine of the treasury department act, shall be taken by every revenue officer within thirty days after his appointment, and the same transmitted to i\e treasury department, which said oath may be administered bv any justice of the peace residing m the distriot where the officer resides and to which he am been assigned, . . , , , FtLIX FORTIEB, Clk. E, C. Oidem in Council. inioviNcii: OF quebec. Executive Councii. Department, Quebec, 15//i March. 1>J71. rreseut : The Lieutenant-Governor ok the Trovince. WHEREAS the Act passed at the hist session ol' tVie Lc- Sture-of the Provmce, chapter two intituled : "Quebec License Act," requires the appointment of the re venue officers tor the Trovince ot Quebec. It 18 ordered that the Inland Revenue Collectors who are now in charge and acting as such, be continued ixs n- Lid Re^"nue Collector, for the respective districts lor vl^ich they have heretofore acted and are now acting a. such, and that they be recognized and co^s"]^'*^ ^ f « Z'^- land Reveniie Collectors for this Province, under the law. now ii force or which may hereafter como mto lorce. F6LIX Fortieu, Clerk, Executive Council. Cortilicd extract, Felix Fortieu. S7 REGULATIONS For ike receipt, a,nve,anre,sU,rage muldelicerr<>t- G''^^^^^^^ mrule h,, Order in Conuril of the lOtl, Mf the said Q^^^bec Liceiise Act «hall, from time to time, at any reasonable houy is t and enter any building or premises wherem gunpowder is otd o7S for saleror vtherein he has reason to l^^heve it to be stored or kept, and shall report^ to the Tieasury Department, Quebec, any infractions of the law or ot tW regulations, which he may have discovered in any such visit or inspection. No 2.-N0 gunpowder shall be conveyed through or alon- any street of either of the cities ot Quebec and Moitreal,\inless contained in packages of the description hereinafter mentioned. 13 98 Orden in Coutidl. one hundred yard., at least, IVom each otEer " ' '^ i,^ri^'~-^° gunpowder over twenty-five pounds weicrhf shall be conveyed and brought for being TZd oranv vessel, railroad or conveyance of any kind? (w thin o he? o^' the said cities of Quebec or Montreal), uii el^ th " kVffs cLn tammg the same be packed in boxes or ca«ks, without anv C's'of ctkr^'^^ '^"^^ ^^^^ •" *^^" packing^onS^^S g;2o^iirK--^ secTred wShK ^ "' -^? Ih wora rowder in large letters, and no gunpowder shnll be conveyed or transported in any vessel ^ m>on anv railway within the Province, without being packed Z IXpuS* f" ^'"^'''' ^^""^y cars, U^it'Sprell^^^ lorine purpose of carrying gunpowder. ^ in No W^Sf "'^"^""w"' '^'7* '^ ^^ P^ked as mentioned mI»Jo. oof these regulations, shall be carried conveved m de livered at any place, or on board of anj^ ship vS o rai road, withm either of the cities of Quebec o^ Montrori unless the said powder be carried or conveyed L^^hi.U.. which shall be duly numbered and apposed of n U^ manner hereinafter provided for, and vvhich shall bo of ho veWcTes^h"t''^T^^i^"^' '''''''■ ^lo^^d and tied covered wUh f""^' 'r*^ ^'^'% ^^ ^^^^^^ «h^'" ^e socurdy coAered with tarpauhn or oil cloth, and the bodv of «mX vehicles shall be fastened with no o her k nd of meta han copper, brass or zinc, the door of the said vehicloTsha 11 h closed at all times, excepting when powder is nut wi Z [ShIh'T t rV.^^^^^*^«' andX word'^'kwd^^^^^ In S:t tt^^^ssr^!s^sir:hir '^ --^ fnr piT ^'^^''' ""^^ authority Shall have heen^btained vehfcTes sTall'S b^""'.^ *'^* '^'''^ ^^ until the oti RevennP Offi a^'^ duly registered, at the office of the frn^ ?w nl'^"' *;'^ "" certificate and number obtained !ha?l b'e1>a?i''"' '^^ "^^^^ ^^^"^^^^ ^ ^^ of five doXrs the said istaiico oi" weight Is d on any I either of kegs coii- hout any "the Haiti •ounds of I or other r the said ining the lud well :e letters, age shall with the ler shall t>on any icked a.s xpressly entioned "■eyed or 'essel or lontreal, vehicles in the >e of the covered securely of such tal than shall be into or owder," painted >f these i\der or )tained, he said > of the btained dollars Ofders in Council. The said nnmhor shall be fastened to the f aid vehicle in a cousi^^uous pLo, as shall be directed by the Revenue Omcor. Kn 8 -No person shall bo allowed to drive any such . voMclos.'^Yt^.o'^t having previously obtained a permU from the Revenue Officer, who shall be entitled to a fee oi one dollar for the same. No 9.-LaTge boxes, casks or Packages containing kegs ofgunpowder-niav be carted or con^^^^^^^^^ ?:viSruir.to^Tcen"::dV hall b^ we/uecured and covered wi^ ^^^oT' Pow'e ' ^il;.ru;t^i^:^rr th^tt^ s^Ssli letters. • ' No. 10 -No person whatever carting ^r ^'^"f ))"= ^un- nowder shall have about his person or clothes, any Inciter Ehes or other substance of a dangerous «r mflammable nature. >jn 11 Packa«ree kegs or casks of powder shall be oareLli airried to and iVom the vehicles employed m the earth. No 12 -When gunpowder in larger quantity than than is necessarv to forward, repack and dis"^^^.^ ,"^^ am'.,1u"So,n«ty to thes. -S-'t^^k^cf^ceolg licensed powder magazine, and in no instance «^^^^"' f. iburhours from the time of its arrival •^othervvnse it will bTdoemed to be stored within the meaning of the Statute of Quebec, 34 Vic, ch. 2. Nn iq Whenever gunpowder shall be found stored' wi^hleillTeyof the said cities of Quebec or Montreal, ni a H .^r m a^^^^^^^ than twenty-ilve pounds m ^^eight within byti;\noinbfr of the poli- force, by any Revenue Oflicer, '^ ll\ 100 Oi)ler;( in Cnviiril. ^^i^n!^"^' porson authorized l,y tho latter, una irn n8i..rr«Hl lO a lueiisoj powder ma.razii.e if (hero h, mm ... the v,c„nty or oth.rwi.o kept inlafi I'ep „«!? he"o m not one under any order of a recorder or & of tho justice ol the peace, until in case of conviction thr fi» ! hereafter mentioned, and cont. of renio^l Sik it ca "I said powder and costs ol' prosecution he paid i^^^ an order to release the same be jrra„t?.d bv the iustico or nia,,,strate, before whom the char Jo has been broiSH No. 14.~Any person ottendiim- aoainst anv one nl'fbo provisions of those rei^ulations «hall bo Lblefo a ine lu.t oxceedmo. ,wo hundreu dollars, for each Xice Mont'^aratrn' t' ^^^^••^^"\es are built near the cities of ,t°uW?i •??'"" respectively, in conformity to law wdo tr.nn r ^" "^ "^.': respecting, the conveyance of po^^del to and from, a the storaj^e thereof therein. keeillnitZiifof '^,' ''' ^'^1 ^^""' V^' '^^^^"'^^•« ^^' ^he sal. or 2, viz '" prunpowder under sec. 12(5. 34 Vic, cap. 1 if . -" o'l-M j^impowaer in the citie.x of On<»l ^^'.^i^i^;'"^^ t? ««" gunpowder in the citie.. of v^ebec 20.00 '"S'^f^(?J 'I" I^roviijce oy Qu^W:-;ih;VVhan Vh^ ^■"' retSl.?...!^ """"^ Montvea', by wholesale and By retail only..'.'. ^^-^O ^ •. '. 1.00 Quanlities over twenty-iive pounds, or one ue^en canist-s as^vvhole^ale, and lesser quautitiK: than aln^ve montio^i.d as £SSr-^"'---teri>^ F. FORTIER. CiOik Executive Council. TABLE OF CONTENTS THE ftTJEBHC LICENSE ACT PART FIRST, i TavornkoopoTsaudsaioofmuors • I ,. nous., or public -"tcrtainmont......... ....••••• • .^ U. Stoamboats, &c 111. Stores or shops 10 ,V. Gouoral provision • •■;■■■'■■■■"'„ persons «. Obligations and restnctionn ou P ^^ licensed 10 3. Houses of public -"^'^^^^"^"''"^••';;; ■;; ;;;;;;";'I u n stores and shops ^ -j5 6. whoWs»loof81.mtuo«8 '"'■"""'••••••■■"■■' ,8 11 A'.x-tio'W"^ '". .. 18 ,, Prohibitions iu.apouaUi.-» ■■■••• ■■•■•• \. Couaitious previous to o"»"'»8 ";:„;.„ B. Obligation, and ^'^"^J^J^^Z- 19 licensed 22 in Toddlers 22 1. Penal prohibitions ..- ''"''^^^^^^^ 2. Obligations and restrictions ot P-sons ^^ licensed ' u ■n Table of Conlenh. IV. Billiard-tables .... ^^'"'^' 24 1. Interpretation 2. Penal prohibitions ^, 3. Condition, previous to obtaining licenser. 24 4. Obligations and restrictions of persons licensed ..,,,, -^r V. Ferries 2.5 1. Penal prohibitions 2. Conditions previous to obtaining license. and obligations and restrictions of persons licensed VI, Pawnbrokers , „ , 27 1. lenai prohibitions ^^ 2. Obligations and restrictions of persons licensed VII, Ounpovvder . g^ 1. Penal prohibitions „ 2. Conditions previous to obtaining license... 3g 3. Obligations and restrictions of persons licensed ... .S'] 4. General provisions o< PART SECOND. Okxeral Provistons axd ProceHurk. I Licenses, duties and fees Application of duties 1 1 . lievenue officers . . 42 Their duties, powers, &c ^g III. Prosecution, &c., for offences against thisAci^I 4o 1. General provisions 2. Who may prosecu te . . . „ „ 40 -. Koloro what tribunal ^^ 4. Services ^ T i- . 4S J 'ntormation orcom])laiiit ^g 4G a-; 4S •48 Table of CoaUaU. I^.OES. 49 6. Mode of trial 7. Proorand witnesses 8. Judgment 9. Application of penalties '^ 54 10. Costs 11. Execution • , :.... 57 12. Appeal • Interpretation Service of notices. Repealing clauses = ^^ Final provisions • D«i Forms ^2 Schedules EXTRACTS FROM STATUTES. . T J. en Sale or gift of liqitor to Indians ^^ Pawnbrokers TREASURY DEPARTMENT ACT. 73 rreliminary— Interpretation Consolidated revenue iund General collection and management of the revenue 74 Treasixrer, and treasury department ' Board of audit, and its powers and duties ^^ Special duties of auditor - ^ Liability of public accountants and revenue officers 84 Miscellaneous provisions SECURITY BY OFFICERS- An act respecting the security to be given by officers of ^^ , the province of Quebec ' An act respecting th. securities by ceitain judicial ^^ officers of the province of Quebec in IV Tabh of ConUnU. ORDERS IN COUNCIL. Orders m Council, oii the division of tao province into diistricts for revenue purposes, and on revenue P.AlfKS. ofiic ers. lieouiations for the receipt, conveyance, storaoe delivery «f gunpowder and 94 ^7 4