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 ^ /APPLIED irvMG E Inc 
 
 ^p" ■^.". La%' Mam Street 
 
 rj= ■ hester. New Yorli 14609 USA 
 
 .= -ei 482 0300 - Plione 
 
 ^= '6) 288 - 59B9 - Fa» 
 
DRAFT 
 
 OF 
 
 iL^t' 
 
 •D 
 
 MTION m llEllSKffl 
 
 OF THE 
 
 LICENSE LAWS. 
 
 MONTREAL : 
 
 Tvp. Carmel, 27 &' 29 St. Vincent Stieti 
 
 1888. 
 

 1 1 
 
DRAFT 
 
 OF 
 
 OF THE 
 
 LICENSE LAWS. 
 
 MONTREAL : 
 Tvi'. Carmel, 27 &' 29 St. Vincent Street 
 
 1888. 
 
 /■ 
 
i 
 
♦ 
 
 i^ ii A F T 
 
 OK 
 
 CONSOIJDATION AND RI'VISION 
 
 OF THE 
 
 I^ICHXSH LAWS. 
 
 i 
 
 THIS ACT MAY BE QUOTl-JD UNDER THE TITIJi 
 "LICENSE ACT OF 1888." 
 
 Inlerin-etatiou and (lefinitions. 
 
 o * 
 
 " Inloxi.atii.o- liquors " moan and ombnu-o nil limioix 
 <'ontanuno. a,i alroholi.. and intoxicating principle ;^ 
 
 " Temperance liqnors " mean and embrace all liouorv. 
 in wbich there is n<. alcoholic and intoxicati^^ princ'ipl"; 
 
 An •' hotel " is an establishment uhere. in ronsider., 
 .on of payment, food and Induing are habitu 11 ' ;.! £ 
 ed, and where mtoxnatino- li,,nors are sold in < m n ' Vl 
 not exceeding one pint, imperial measur^; 'J"''"''"^"« 
 
 «. r ^^X\^T^"''V''^'' ^'°'^'l" ^^'<f'^'-« f'l-'nn the "hotel" in 
 hil^Ted; '''^' '^^^'-^^--^^^^ Injuors .s tW pro" 
 
 <•ten?;!:2S^r''^^^-■hokeep^ 
 
 A " restaurant " is an establishment where in consi- 
 l.-ration ol payment, food (without lodgino) is habitivdlv 
 ^nl "^ -Tt "^^^" intoxicating liq^^o^ "^ll!]^^!^ 
 qu^ntitxcs nut uiceeamg one pint, imperial measure ; ' 
 
 / J 
 
— 4 — 
 
 Tl... ■• n-stauriuit kr.>iHT" is he ^vhc. k.'ops a '• r.'H- 
 Uiunuit.' 
 
 Th.' li.rnsi' to s.ai intoxia.tiiifi li<iiv)r8 in an hotel or 
 a n-staurant, shall be j^ranted only il it ^^;' "7;^ .j;;';;^ 
 that tlu' ..stal>li>hui.'nt is usrlul. either tor re. en mg 
 or lodging travellers or providing luod. 
 
 A 'i»n'eUr" is a l)laee established for the sale of intoxi- 
 .ating liquors, in a steamboat or any oth*-r vessel. 
 
 A " buHet" is a restaurant established in a railway 
 station. 
 
 A "tavern" is an hotel kept ^vithin a radius ol'nine 
 miles from the pla.e ^^■here gold mining is being prose- 
 euted. 
 
 A "liquor shop" is any shop ^vhere intoxirating 
 liquors are sold, without food or lodging being provided ; 
 
 " Liquor shops" are divided into wholesale and retail 
 shops. 
 
 A " wholesale liquor shop" is that wherein are sold, 
 at any one time, intoxirating liquors in quantities not les^s 
 ;Lm two gallons, imperial measure, or one dozen bottles, 
 of not less than*piie pint, imperial measure, each ; 
 
 A " retail iK(iuor shop" is that wherein, with the 
 ox<-eption of cigars and eigarettes, nothing else can be 
 sold but intoxicating or temperance liquors and that in 
 quantities not less than one pint, imperial measure, at 
 any one time. 
 
 No retail liquor shop can form part of another com- 
 mercial establishment, nor communicate with such estab- 
 lishment. 
 
 Every delivery of intoxicating liquor made otherwise 
 than gratuitously, constitvites a sale thereof ; 
 
 Thejrx«tw*o««~-6bamGter-6P-the delivery is inferred 
 from thediTumstances under which the delivery is made 
 and from the intention of the persons, respectively, deli- 
 vering and receiving the liquors ; 
 
 ' 
 
— .<) — 
 
 Every delivery, luat-ifwt^titfmrs. i.s coiisidcn'tl as a 
 sale, without it Ix'iui,' iit'ct'ssiuy to prove the (lciiv«'ry of 
 any i»ayinenl in money then-tor, or ot'smy object haviM<f 
 a pecuniiiry value, a,s price oi the sale of siich licjuors 
 
 The license to sell intoxicating liquors in an hotel, a 
 restaurant, a huretle, a hufet or a tavern, includes the per- 
 mission that the liquors so sold he drunk on the premises, 
 but it is l'orl)i(l(h'n to any person licensed to keep a liijuor 
 shop, whether whoh'sale, or retail : 
 
 1. To allow that an/ intoxicatini'- liquor, sold by him, 
 or iu his possession, be drunk within liis establishment 
 or dependencies, or in any place communicating, in any 
 way, with said establishment, unless it be to allow a 
 bona fide customer to make a choice of liquors. 
 
 2. To treat or furnish any intoxicating liquor within 
 the same promises, unless it be to a person habitually 
 residing there, or received, at one's own house, a- bona 
 
 fide guest. 
 
 " Pawning" means the loan for a profit, either impli- 
 edly or expressly stipulatisd, in favor of him who lends 
 a sum of money or any thing convertible into money, or 
 having a pecuniary value, in taking a pledge to secun; 
 the restitution of the sum of money or thing loaned, with 
 or without the profit aforesaid ; 
 
 He who loans and receives the pledge is a pawn- 
 broker ; he who receives the sum of money or thing loaned 
 and gives the pledge, is the pawner ; 
 
 The business of pawail)roking is carried on, when 
 such loans are habitually made ; 
 
 To establish that such business is carried on, it is not 
 necessary that several loans secured by pledge should be 
 proved ; 
 
 A single loan secured by pledge, preceded or followed 
 by one or more loans, or accompanied or preceded by 
 circumstances which, in the opinion of the tribunal 
 charged with the cause, establish the habit of making 
 such loans, or the intention of carrying on the business 
 aforesaid, constitutes, for the purpose of the [)resent act, 
 sufficient proof that the lender follows the business of 
 pawnbroking. 
 
 I 
 
— 6 — 
 
 Th(^ word " district, "" when usod alono, moans the 
 district allotted to any collector of provincial revenue; 
 
 The •• collector of provincial revenue" is, lor the pur- 
 lH)sc of Die present act, an otiicer appointed under articles 
 7 and 11 of the '' Treasury Law," and the words ••coll.'ctor 
 of revenue," when used alone, designate the same olhcer. 
 
 " ( >iL;'anized territory " is such portion of the territorv 
 ol' Ihr i'rovini-e as is erecU'd into a municiiiality, and 
 "non-ori>anized territory," is such porlion of said ter- 
 ritory as is not municipally erected. 
 
 The word " powder " means every explosive sul)- 
 stancc. (powder for cannon, or gunpowder or mining- 
 powder, or nitro-u'lycerinc. or any other substance of that 
 nature), and •• i)o\vder magazine," is the place wherein 
 [)owd('r is stored. 
 
 The " informer " is the person who gives the par- 
 ticulars whereon a prosecution for the contravention of the 
 presi'iit act is brought, iiiul who, iu)t being incompetent 
 to render testimony, drposes to the principal facts in the 
 trial ; 
 
 The •' informant " is the person who institutes such 
 a prosecution, in the i'orm ijin' tain for the same contraven- 
 li'iii. 
 
 Ill'' '■oMi|ii.ii.|ii ;iiiilh.rii ii'S " ;ii-i> ill,' mil linriiii's 
 ai)]U)iiiLed U) (•(^Jilirm. or reject, llie lirriisi- reilllicaU's 
 lor the sale of intoxicating liquors. 
 
 The words - billiiird table," in addition to their 
 proper meaning, mean ;ill boards iist'd for •'he games of 
 pigeon-hole, mississipi or bagatelle. 
 
 A " bottler " is a j^erson who bottles fermented 
 licpiors,^ sells or deliver.s them, on his own premises or at 
 those of the purchaser, in (|uanlities of at least one dozen 
 bottles at a time. 
 
 A "club" is ;ui association, in which the profits 
 arising from the sale of intoxicating liquors and use ot 
 billianl table.s,l)elong to the membersof the club, wlio :ire 
 proprietors hona Jide of all tli.' moveable ell'ects -outaiiied 
 
-7- 
 
 iii tho said (>lub, and who are the proprietors or lessees of 
 the establishment. 
 
 GENERAL PROHIBITIONS. 
 
 It is forbidden to all persons, corporations or rlubs, 
 under pain of the fines and penalties, hereinafter promul- 
 gated, to keep within the limits of this Provinne : 
 
 1. Any hotel, or temperance hotel ; 
 
 2. Any restaurant, or huvelle ; 
 
 3. Any liquor store, wholesale or retail ; 
 
 4. Any /,/<ffct or tavern ; 
 As also : 
 
 5. To sell intoxicating 'iquors ; 
 
 6. To carry on the trade or ])usiness of auctioneer of 
 pawnbroker, of pedlar, or of ferry-man between the banks 
 oi the river St. Lawrence at certain points hereinafter 
 indicated ; 
 
 7. To keep for gain any billiard table ; 
 
 8. To keep any powder magazine or to sell powder • 
 9 To give equestrian representations and ^exhibitions 
 
 oi wild animals, known and desigiiated under the name 
 of circus and menagery ; 
 
 10. To carry on the trade of bottler ; 
 
 Without having previously obtaiv ^ from the govern- 
 ment m the manner and I'onn. and i...,-r paymenrof the 
 
 <lllllr.< :ill(! r.v.v Iflviiiilll.T nU'lllioiK'd, a. .sji.'rii.l lirenSH 
 
 ilifii ill dill lurci'. 
 
 J5Y WliOM LiCLASES ARJ^: ISSUED, THEIR 
 DURATION. 
 
 With the exception of licenses for taverns in minino- 
 divisions, which are granted by the officer appointed 
 under the mining law (w^hich licenses are subject to such 
 duties as the Lieutenant-Crovernor in Council' may deter- 
 mine, such duties however not being less than fifty 
 dollars tor each license,) every license is granted in 
 the name of the Lieutenant-Governor, by one of the 
 collectors of provincial revenue or by his deputy. 
 
 Each collector of provincial revenue delivers the 
 licenses to be used within the limits of the district as- 
 signed to him, (with the exception of pedlars' licenses 
 whi,-h may be issued for all judicial districts, by the same 
 
 I 
 
officer) and he collects the duties iind fees imposed upon 
 those licenses by law. 
 
 In the case of a buvette license, this duty devolves 
 on the collector of provincial revenue for the district, 
 iJi which resides the proprietor, master or person 
 m charge of such steamboat or vessel, for which such 
 license is required; and. in the event of such steamboat 
 or vessel belonging to a company, on the collector of 
 revenue lor the district, in which the companv holds its 
 head office, or principal place of business. 
 
 The deputy-collector of revenue may also deliver 
 licenses and collect the duties and fees. 
 
 The Lieutenant-Governor in (>ounci] may, neverthe- 
 less, authorize a person or persons to sign and deliver 
 those licenses to th(^ collector of provincial revenue. He 
 may likewise determine on their form and the date of 
 their delivery. 
 
 With the exception of ferry licenses concerning which 
 the present act contains special provisions, of burette, 
 licenses, which expire when the boats go into winter 
 quarters, and of licenses for taverns at the mines, which 
 are of monthly duration, licenses are granted for one year 
 or portion of a year onlv, and expire on the first day of 
 the month of May subsequent to their issue. 
 
 SECTION FIRST. 
 
 k 1. Licenses for the s.\le of intoxicatino liquors. 
 
 Hotel licenses, general mode ofobluininff them. 
 
 an 
 
 To obtain a license to keep an hotel, the followin 
 formalities shall be observed : 
 
 Previous to the obtaining of a license to keep a 
 hotel m any part of the organized territory of this 
 Province, the applicant shall furnish the collector of 
 provincial revenue with a certifi(>ate, according to form A 
 annexed to the present act, signed by twenty-five muni- 
 cipal electors, whether resident or having their place of 
 business, (or a majority of municipal electors resident or 
 having their place of business, if they number less than 
 htty), of the parish, township, village, town or ward of 
 
 Aia 
 
 'IfHT 
 
— 9- 
 
 IL 
 
 'im/T 
 
 the city iu which is situated the hdiiso for which such 
 license is applied for, to the effect that ho (the applicant) 
 is personally known to the signers, that he is honest, 
 sober, and of good reputation, and that he is qualified to 
 keep an hotel, and that his establishment contains the 
 lodging- room required by the law and is useful. 
 
 This certificatt. ^ - i be accompanied by an affidavit 
 of the applicant, maei in accordance with form B, and 
 sworn to before a. justice of the peace, declaring that he is 
 in every respect, qualified to keep an hotel, that the 
 establishment to which the certificate applies, is in good 
 order, that it affords proper lodging room, and that it I 
 contains the necessary requisites to be carried on; if! 
 there be reference to an hotel, that the applicant intends 
 regularly receiving, lodging and victualling travellers, ,/ . ,^4o/^ 
 and if there be referencu' to a restaurant, that he intends \ p^_^ «**' 
 regularly providing meals. , '^■^^r*^ 
 
 ^ 
 
 -^ 
 
 Such certificates (except those connected with appli- 
 cations for licenses in the city of Montreal, and in the 
 city of Quebec,) shall be confirmed by a decision of the 
 council of the municipality in which the house is silualed, 
 drawn in accordance with form C, annexed to the pres- 
 ent act, and such confirmation is certified under the 
 signature of the mayor and city clerk, or secretary-trea- 
 surer of the council. 
 
 If, on the day appointed for the meeting of the council 
 before which the confirmation of the cert'ificates comes 
 into deliberation, there be no quorum, the meeting is (l^-psy^^^^> ^uru, 
 postponed, from day to day, until there is a quorum and <>7 /J^t r<' ^^vcU. 
 until the question is decided. ^ \^X'/ . . 
 
 The council, to which this certificate is presented, 
 shall ascertain, by procuring such information as it may 
 deem proper, if the requisite number of duly qualified 
 electors have signed the same. The authenticity of the 
 signatures attached thereto, shall also be established 
 under oath before one of the members of the council, and 
 if the result of such double enquiry be, in whole or in 
 part, unfavorable to the applicant, the confirmation 
 applied for shall be refused. 
 
 Such certificate shall also be refused, if it be proved 
 to the satisfaction of the council ; 
 
— 10- 
 
 1. That the petitioner is a person of ]hh\ character, 
 havino' already allowed or permitted drunkenness or I 
 disorder in his t\stablishnient ; ' 
 
 •2. That, durinii- the two years previous to the date ot 
 his demand for a license, he has been twi(;e condemned 
 to a Ihie lor having sold liquor without a license ; Or 
 
 o. In the ease ot a peliuoner I'or a new^ establishment, ^f ^-ttr 
 that the demand is opi>(,,sed in writing by the majority or 
 the two 1 birds of all the municipal electors, residing or 
 
 ...v, „.,,, .^x.i^.jyji. im tiiKj iiiiinn Mj^uii eifCLors. resicim"' oi" 
 haying their place of business in tin; locality in which it ^J^sMi 
 
 is intented to open an establishment. 
 
 If this certificate refer to a house situated within the 
 limits of a city, it, as well as the license, shall (contain the 
 designation of the ward and street where it is situated. 
 The license is of no ellect outside the establishment for 
 which it has been issued, unless a regular transfer l>e 
 made tluMvof, in accordance with the formalities hereto 
 after established. 
 
 EXCEPTIONAL riiOVLSIONS FOR THE CITIES OF 
 MONTREAL AND QUEBEC. 
 
 Such certificate is granted or refused, in the city of 
 Montri'al, at th(^ police court, by the two judges of the 
 Sessions and the recorder; in the city of Quebec, at the 
 piili.-.- court, liv thcjiidgc of ihe S-'ssions. ..r r.hc rrcnnl,.v. 
 
 I II III'' ,<;inl 
 leas! r. \Vf)i! \ -li\c 
 
 ■lllcs. r.MMltlciit,. sll;lll 1„. si'^li.-il l,v ill 
 
 iiiuiiicip;il c!.;ri(,i's, hiivJiig iheir lesid- 
 ence or place of business in the electoral district ol' the 
 ward where is situate the establishment referred to. 
 
 Nevertheless, this certificate, shall no longer be 
 recjuired of any person who shall have been once Ih'cnsed 
 alter the present laAV is i)assed and under its authtn-ity, 
 provided the business continues to be carried on in *^^he 
 same establishment. 
 
 The saiu person, previously licensed, shall have a 
 right to the renewal of the license for the same establish- 
 ment, by simply producing to the collector of pro- 
 vincial revenue, a declaration on the ])art ol" the com- 
 petent authorities, stating that his certihcate, previously 
 confirm^'d, is still in force, provided moreover that he 
 
 
 J 
 
 (Xlj. 
 
 
 
 
 J/ 
 
 
11 
 
 
 
 
 
 
 ronform to the othor conditions of the lav.', iind that ho 
 pay the clutieis and fees .stipuhitcd. 
 
 The (ornpotent authoriti(!s, in the said ciii.'s. sliall 
 not ii'Viint the confirmation of the ci'i'tilictitc ol any n;'lJii<>ii 
 for the 0])('nin2' of a new estahlishment, if the majority 
 or the two thirds of the municipal electors, haviiin' thi'ir 
 residence or place of ])usiness in the electoral distri't 
 of tht> ward where is situated the esta})lisjuaent to 
 which the license should apply, object to the same, by 
 petition signed by ihem, and di'livered to the clerk of the 
 peace, previous to the day apjwinted for the taking into 
 consideration of the said certilicate. 
 
 The competent authorities may authorize the inspector 
 of provincial revenue to uranl, in the city of ^lontreal 
 only, twenty special licenses, for thi; ex<dusive sale of 
 wine, apple cider and beer, in tpiantities not exceeding 
 one pint, imperial mt'asure. and, in this (ase, they nuiy 
 dispense the persons thus licen.sed Ironi tlu^ obliu'ation of 
 having tlu' ])roi)er lodging-room or even of providing 
 food. 
 
 No coujiter (bar) shall be kept in those special establish- 
 ments. 
 
 It shall then be forbidden all persons having obtainiMl 
 such disjiensation, lo have within their establishment oi- 
 
 iis (h'pi'mh'iii ii's, \\\\\ (iiherkiuiiui iiii'ixi.-iiinu:' li(|U(>r.-:. 
 muleriiiiv pri'icii.-.' \\ Ii;iis(.m' vr. une'>> ii be wiih ilf 
 aiii hoi'i/.ai inn ul ili.'.^nid compi'i .■)ii ;nii huiii !.•-. inr .-i,'k- 
 ness ur special pur[n'>e>. nndci; poiLdiy ul' a line ol'^l'Hj, 
 conli.scjition of the said liquors ami immediate annulling 
 of the license. '^ 
 
 Anv i>ower granted to the judges of the sessions and 
 to the recorder, in the city of Montreal, may be exercisc'd 
 by the three acting conjointly, or by the majority amongst 
 them. 
 
 The clerk of the peace, in ])oth "ities, acts as clerk 
 to the competent aiithorities. 
 
 .\ny /leisou de.sirons of obtaining the conlirmatiou 
 ot" a c<'rliii' ale, shall deuost^ the same at the Peace 
 oilice. and sh.dl pay li> tlu> clerk of the peace the sum 
 oT !i!';y Ci-nts. I'or the entvy of lite certifieati' and all pro- 
 ceedinii's connected therewith. 
 
 V 
 
 
 
— 12 — 
 
 Tho .'lork of the poiuv shall preparo a list o'ivino- tho Q. 
 (late (.1 iiis,;riptiou of tho appliri.tion. the iiaiiu-s, occu- Xr^'' 
 
 ^ 
 
 IMtioii and msid.'iic' of the api)licnnt, th.- situMtiou of 
 Iht' house to which the liceiiso applies, and the day 
 which it will l)e taken into consideration. 
 
 C?^.., c^^. 
 
 on 
 
 :-<ji^ 
 
 >i di. 
 
 <^ 
 
 U^c^^ 
 
 This list shall be posted up in a conspicuous place! in 
 his ofhce, which shall l)e open to the public. 
 
 No application can be taken into consideration l)v the 
 competent authorities, unless it has been inscribed on 
 this list for at least lifteen days, and unless it be made 
 from the iirst day of Januarv to the lifth day of March 
 inclusively. 
 
 However in the case of referenc(> to an hotel contain- 
 ing at least thirty rooms, such application can be made 
 at any time whatsoever of the year, and taken into consi- 
 d(M'ation on th.> day and hour appointed by the clerk of 
 the peace, provided that otherwise all formalities for the 
 ordinary certificates have been fullilled. 
 
 All applications for the confirmation of a certificate, 
 made in the month of January, shall be taken into con- 
 sideration on the followino- twentieth day of bV'bruary, at 
 two o'clock of the afternoon, if the day be legal ; if 'not 
 on the following legal day at the same hour, or ai'iy other 
 day and hour that may be appointed by the said compe- 
 tent authorities. 
 
 All applications for the confirmation of a certiiicate 
 made from the first of February to the fifth of March, shall 
 be taken into consideration on the twentieth diiyofthe 
 same month of March, at two o'clock of the iift.>rnoon, if 
 theday be legal ; if not, on the following legal day at the 
 same hour, and any other day and hour that the said 
 competent authcnities may appoint. 
 
 Tn every electoral district, wJiere no hotel or restau- i^-^ !l<^^j 
 rant is yet estabtkhrrh the (vi^iinh of the inuniciptil elec^- "' ' 
 
 tor.s, residing or having their plact» of business therein, 
 may by a petition addressed to the competent authoriti(>s,' 
 declare that they oppose the granting of any su<>h licensi^ 
 in the said district. 
 
 /' 
 
 

 ^' 
 
 -f ^. 
 
 V 
 
 ^-'.j 
 
 
 
 -r-'O^^ 
 
 /- 
 
 f 
 
 — la- 
 in this cAse, the lompetent anlhoritit's .shall not vow 
 linn any .i-rlilu'aU^ ibr such distrirt, so lon<? as th." same 
 mopurtioii or the said municipal electors, shall not havo 
 demanded, in the same manner, that this prohibition he^ 
 (•aiicelU'd. 
 
 Notice of such prohibition ov ol" its recision, shall be 
 n-iven by the competent authorities, at the costs ot the 
 applicailt and during the space of a month, m the qilmal 
 Gazette, and in two newspapers pul)lished m th.- locality, 
 one of which being in French, the other m I'.nglish. ^ 
 
 II shall be the riglit and privilege of ten or more 
 municipal electors (lualilied to sign the certihcate, to 
 obje.t by petition to the conlirmation of such cer ili- 
 cate, provided the said petition be produced beicn-c 
 the clerk of the peace, previous to the day appointed lor 
 the takin"' into consideration of th.' application lor con- 
 firmation" of such certilicate. The objections by them 
 made to the granting of this couhrraation, shall be one or ■ 
 heveral of the following : . n . i 
 
 1 That the petitioner bears a bad character, that Qur- 
 ing the last live years, he has been condemned for felony, 
 or for obtaining money under false pretence.s ; that a 
 license in his iavor has already been annulled, that he 
 has bei'ii twice convict(>d for having sold intoxicating 
 liquors without license in the course of th(> two previous 
 
 ^^'^ '^ That the establishment to which the certificate 
 applfes, is in bad order, and that it does not atford proper 
 lodo-ino- room or the necessary requisites to be carried on 
 "3 That the establishment is not necessary m that 
 locality, or that it is but one hundred yards or less dis- 
 tant of a place of public worship, of an hospital, ot a 
 school or any other place frequented by young men. lu 
 the last mentioned cases the opposition shall moreover 
 be signed by the directors or patrons ot these institu- 
 tions, or by one of them. 
 
 The same opposition may be madi' to the continua- 
 tion of a certihcate previously obtained, under the 
 authority of the present act, for one or the other ot the 
 following reasons : 
 
 1 That the petitioner b.>ars a bad character as hotel- 
 keeper, that he has been convicted of felony, perjury, or 
 
 <? 
 
 -) 
 
 i/l 
 
 
 
 y 
 
 
 .*<. — - 
 
— 14 — 
 
 ornhlniniiiL!' nioiioy under Inlsc prolonros. siiu'O lliis first 
 rcrliliciiU' vviis yrantcil, and duriiiu' the live precoding 
 years ; 
 
 '2. That the ostal)lis]inioiit has. since the uraiitiiin' ol' 
 tho lieeiise. laHeii in bad order, .and no lonu'er allords 
 ])r()per lodiiinn- room or the nei-ossary requisites to bo 
 carrieil on ; 
 
 •]. That the petitioner, his lieense oiu'e obtained, has 
 neglected or rel'used to receive, lodge and jirovide lV)od 
 for travellers, if it refer to an hotel, or to provide ibod. if 
 it refer to a restaurant, without serious reasons. 
 
 If there be or not opposition, the competent authori- 
 ties shall always have the right to asceriain, by such 
 means as th(>y may deem fit and proper, the quali- 
 ii( ajion of the ai>))li(\int as also Ihe condition of the 
 establishment, and (o refuse the confirmatioji or (he 
 conliiiuiiiion of the certificate, for any of the above 
 mentioi\ed reasons. 
 
 The said authorities may. to that eiid. take into con- 
 sideration all documents, hear or cause to be heaixl by 
 some competent person, all ]-)ersons whom, from the per- 
 sonal laiowledge of the said authorities, or, on the indi- 
 cation ol the oi)jecting parties, or of oUkm-s, they believe 
 to be able to give information, and gni(>rally to resort to 
 any other source of inlbrraation. 
 
 ^^'hcn the competent authorities wish to obtain informa- 
 tion from oflicers or members of the Quebec or Montreal 
 police force respectively, they may, thiough the medium 
 of the chief of jiolice, order those fun<tionaries to a])poar 
 b(-lore theui and to make all such inquiries as may be 
 deemed necessary. 
 
 Any opposition to an application for the confirmation 
 or the continuation ol'a certificate, shall be decided, in the 
 city of Montreal, by the two judges of th(^ sijssioiis and 
 the recorder, or the majority of them, and in the city of 
 Quebec, by the judge oi the sessions and the recorder. 
 
 In ihe case when an a])plicant for the confirmation 
 of a licence certificate should, for want of nec(\ssary for- 
 malities or other causes, withdraw liis demand, after an 
 
— 15 — 
 
 o|)posilion has boon produ.Td, iho samo oy^i^ositiou may ^ 
 
 8orve ao-ninst any now domand mado b(>toro tho tollovvinu' 
 first ol'^May for th(> samo ostal)lishmont, by tho samo 
 individual nr by any other person -mUw-j; in his interest. 
 
 The granting of tho confirmation ofthii cortifioate, or 
 tho refusal thereof ior any oause horebeforo mentioned, 
 rests exclusively with the competent authorities, and their 
 decision is final and without appeal. 
 
 In the case when any opposition is produced, the 
 clerk of the peace shall apjioint a day for tho hearing 
 thereof as soon as possible, after the day appointed for the 
 taking into consideration of the demand for confirmation 
 of the certificates. 
 
 A notice of at least throe days, to this effect, shall by 
 him be aivon to the petitioner and to th*? attorney for 
 the opponents, if they appear by attorney, if not, in this 
 latter case, to the person who has produced the opposi- 
 tion. 
 
 If the comp>^tent authorities cannot hear the opposi- 
 tion on the day appointed, or if it become necessary to 
 adjourn the hearing until another day, they may do so. 
 
 The municipal electors (lualified to sign siich certi- 
 ficate, or object to the confirmation thereof, are those 
 whose names are inscribed on the list of municipal voters, 
 in force previous to the first of January of each year, and 
 who have their residence or place of business in the 
 electoral district, where is situated the establishment for 
 ■which the license is solicited. 
 
 The clerk of the peace shall, each year, procure a 
 copy, certified by the city clerk, of such list of municipal 
 electors, which list shall form prima fade proof. 
 
 The signatures, whether on the certificate or on any 
 opposition, shall not be taken before the first of .Taniiary, 
 when the confirmation of the certificate is demanded for 
 a license w^hich comes in force on the following first of 
 May only. 
 
 The authenticity of the signatures, as also the 
 apparent qualification of the signers, whether on the cer- 
 
 i-^ . *» 
 
 ' • * »- V "I 
 
 
 
 
 ^^/u^ 
 
 I 
 
— 16 — 
 
 tificatp or oil any opposition, shall hv conflrnitd, uiidf^r 
 oath, by a pt-rsoii wortliy of m-dit, and shall tht-n be 
 admitted as proved, until the contrary be established. 
 
 In the case when the authenticity ol' the signatures 
 and the (jualiiication ol' the signers should be contested, 
 the persons making such contestations, shall niak(( special 
 mention ol each ol the signatures iind quiilifications 
 they inttnul contesting, and allege, under o;ilh, that they 
 are acting in good I'aith, and that they believe their 
 contestation to be well Ibunded. 
 
 The <ompetent aiithorities shall deliver judgnici'* 
 upon all petitions, as also on all oppositions that may 
 be made, according to such proof as ni;iy appear to 
 them sullicient, sue h prool being sirictly legal or not. 
 
 The petitioner, the opponents and the witnesses, 
 may be heard lander oath. 
 
 No license shall be granted by the collei'tor of pro- 
 vincial revenue, to a new i>etitioner unless there be di'po- 
 sited in his hands a eertilicate, signed by the romi)eteiit 
 authorities, attesting th" granting ol' said conlirmation, 
 nor to any person previously licensed, unless he produces 
 the declaration mentioned in the section. 
 
 The clerk of the peace shall prepare a list of ihe 
 certilicates, which the said authorities have conlirmed 
 and which are then in force, and keej) it posted up in 
 the police court or iir his office. 
 
 § 2, — Other /irurisions applicah/e to all /icetiAea fur hofels and 
 
 restaurants. 
 
 On each confirmation and continuation of a certifi- 
 cate, for the purpose of obtaining a licens(> lor the cities 
 of Quebec and Montreal, the sum of eight dollars is paid 
 to the corporation of each of those cities, and a sum not 
 exceeding twenty dollars may be demanded l)y other 
 corporations for the same object, within the limits of 
 their iurisdiction. 
 
 
 The preceding provision does not deprive incorpo- 
 rated cities and towns of the rights which they may have 
 by thtnr charters or by-laws. 
 
( - 
 1 I 
 
 JJcrorc^ ()I)tiuniiii^' iiis licciis,.. tli,> jippliriinl .-luill 
 moreover runiish two (solvent smnuities, wlio l)in(l th.-m- 
 solvi'S to pay, (o tlie timount of Jive huiulred dolhns 
 eucli, to tlit^ i)roviiii'iiil tn'iisuror, all the lines aiul penal- 
 ties to which the petitioner miyht he condemned, tor 
 contravention to the present act, during the period his 
 license is in force, and which he would neglect or retuse 
 to pay. 
 
 These amounts irniy l)e recovered, in []u\ name of the 
 collector of provincial revenue, who has granted the 
 license, in the same manner, as any other fine imposed in 
 virtue of the present act. 
 
 The bail-bond is drawn according to the form indi- 
 cated in schedule U, annexed to the present act. 
 
 It must be executed in the presence of the collector 
 of provincial revenue for the district, or in the presence 
 of one or more of the members of the mianicipal council, 
 or Justices of tht; peace, who conlirniod tiie certificate, and 
 the solvability of the securities is left to their approbation. 
 
 The Iniil-bonds as also the certificates, are deposited 
 in the office of llu! collector of ])rovincial revenue, who 
 shall not issue the license, until it be established to his 
 satisfaction, that the sums mentioned in article of the 
 present act, have been j)aid. 
 
 TlUNSFEIi OF LICENCES. 
 
 If the licensee di(> before the expiration of ihe year 
 for which the license has been granted, or fails, sells, or 
 gives up his business, or removes from the place of busi- 
 ness to which the license applies, he himself, his legal 
 representatives, or those having claims, according to the 
 case, may exercise all his rights in the house therein 
 indicated, or (if such house be situated within the 
 organi:<ed territory of the Trovince) in any other build- 
 ing, situated within the limits of the territory over whicli, 
 the competent authorities having granted the license, 
 have jurisdiction, provided that the approval of the said 
 competent authorities has been previously obtained, that 
 all the usual formalities required for obtaining a new 
 certificate be fuHilled, and that there be no creditable 
 opposition, as heretofore mentioned. 
 
— 1ft— 
 
 This Inmsrcr shnll lie no nuulo within Ihi- Ihrff 
 months Ibllovviny- thi- (h'uth ol' the licrnsco, his yivinj:: up 
 (ti' thf litcnsc or his ;ih;in(loiinit'nt ol his houHO, i'ailinji; 
 which the licfusf is of no !i\i\il. 
 
 l"iX(('i)t in the 'iis.' ,l.;,fh >f the liconsoo nnd that 
 hrn-inul'tiT iTU'utionc/l ti' .r ol « license shiill ]n\ 
 
 nnuh', tiul Jic 4.-m!ind . i/iition to <lo so, shall hf 
 
 roci'iviHl until afjft'f IV .i|)iri>'ou of three laoutlij* from 
 the (late on which ifW license hi. iH have been issued by 
 the collector "f prx^ incial revi'ime. 
 
 When ;( uersoii ji, jised for the s;i1e of intoxicating 
 liquors shall \u\s*' ^>«u'u legally evicted In, in the establish^ 
 ment t<) which thi^ IW'HSR applies, or shall have .'-^^ased 
 occupyinii- the same, or>*lMil) have been declared unwi 'hy 
 for contraveution to the law and that, for those reasons, 
 the proprietor shall b(> liable to lose his rent, the said 
 competent authorities, on the demand that shall be made 
 in writing by th(( said proprietor, may, without further 
 formality, aiul after havinp' ascertained that he had no 
 knowledge of the action of his tenaut ami that he had 
 not given his assent thereto, that, in other respects, he 
 offers the required guarantees of respectability and that 
 he has committed no contravention oroileiise that renders 
 him unworthy or incapable, authorize such proi)rietor or 
 his agent, or any other (lualilied person whom he may 
 presimt, to continue the business of the establishment 
 until the end of the year, in the same manner as if this 
 license had been formably transferred. 
 
 At V end of th(» year, the carrying on of sui-h 
 establishment .shall not however be continued, until alter 
 the I'ulliument of all the formalities required in the case 
 of ii new petitioner. 
 
 An additional fee of fifteen dollars .shall be paid for 
 each transfer of license or permission herebefore men- 
 tioned. 
 
 No municipal councillor, being, at the same time, a 
 brewer, distiller, or dealer in intoxicating liquors, shall 
 sign the certificate in.-^ntioned in article of this title, 
 under a penalty of twenty dollars for each contravention. 
 
 No person shall, knowingly, sign such certificate, 
 
 
— 1» — 
 
 luiloss (Inly qualifi.'d to <lo so, under n liko ponally or 
 twenty dollars lor <'H(li fontriivrntion, 
 
 To ohl.'iin :i lic.'MSf for an hotfl, in a non-or«]fanizod 
 territory, it is only U'-fcssiiry to yivc previously, in the 
 pro«onee of the colleetor 'of provimial revenuo, the 
 Hecurity re(|iiired )»y tlie jirtides and 
 
 'I'he iip[)li(ation lor thesnid l- uses must howe^ - . .• 
 first submitted to the provincial treasurer, and are subjeet 
 to his approval 
 
 No license for the sale of in oxieating ii'juors, exeept 
 for wholesale li(iuor shops, shall l»e grantiid to a oToeer, or 
 any jierson carry ini; on any business whatsoever, in the 
 same establishment. 
 
 § '?. — EeMnuratit liirn^'^. 
 
 The conditions and formalities impos"d. relative lo 
 the certifi' :ites r((|uir.'d to obtain a licfiis,. for an lioti'l. 
 apply, iiiu/ii/is iitii/nnt/is. to restaurant licenses, includiiiir 
 the provisions established for the <-ities of Montreal and 
 Quebec. 
 
 § 4. — Uuvclle and teiiiperanee hotel Utenses. 
 
 Jhirdte and temperance hotel licenses are trranted 
 simply u])on payment to th(^ proper collector of prov- 
 incial revenue of the re(|uired duties and fees. 
 
 § i>. — Liquor shoji liren:<es. 
 
 The conditions aiul lormalitit's, imposed relative^to 
 the certilicates required to obtain a license jnr an hotel'or 
 a restaurant are, in like manner, applieable, miittUis 
 iiiutinidh, to the obtaiiiiiiL>' of a license lor retail licjuor 
 shops, except that instead olthe siunatures of twenty-live 
 municipal electors, or the majority of the said electors 
 when they are less than lifly in number, the signatures 
 of three ui)on the certilicate are sulllcient. 
 
 Any i>erson who shall have been one licensed, in vir- 
 tue of the last section, shall have a right to the renewal 
 of his license, on simply presenting to the inspector of 
 provincial r(>venu(\ a declaration on the part of the com- 
 pdent authorities, that his certilicate, already conlirmed 
 
 '^N.*^ ^ • - . 
 
 
 ■V\\ 
 
 J 
 
 • / / » \ 
 
 r j-A r . 
 
 -O.*^ 
 
 ]/.*■ 
 
 v>A <? 
 
— 20 — 
 
 irs still in I'orco, iM'oviucd that ho othonvise conform to 
 the other conditions oi' the law, ais to the duties stipulated, 
 and has not rendered himself unworthy. 
 
 Wholesale liquor shop licences are granted simx>ly 
 upon payment to the proper collector of provincial 
 re\ .;nue of the required duties and fees. 
 
 No certificate is required to obtain a license for a 
 retail liijuor shop, in a non-organi/ed territory, but the 
 application for such license is subject to the approval of 
 the provincial treasurer. 
 
 The provisions Avhich apply to wholesale liquor 
 stores, shall apply, m/ifafis inuUtudh, to bottlers, in so far 
 as relates to the obtaining- of licenses (except the amount 
 to be paid therefor) and the penalties for contravention 
 the present action. 
 
 § f). — Licenses of rni/imi/ buffets and taverns at the mines. 
 
 Upon a petitio.i presented by any railway company, 
 the l.,ieutenant-(ioveriior in council may authoriz(> the col- 
 lector of provincial revenue, to deliver to the person indi- 
 cat(.'d a license to sell intoxicating- liqttors, at the railway 
 station therein mentioned, to travellers upon such rail- 
 way, but to none others. 
 
 AVith the exception of the provisions contained in 
 the present act from articles to , and also the 
 
 provisions hereinafter mentioned, relative to the accomo- 
 dation wliich must be provided for travellers, by the 
 master of an hotel, to tlie prohilntion to sell intoxicating 
 liquors, to keeping- the bar closed ditringeertaiu days and 
 certain hours, and also to the obligation receiving and 
 accomodating travi^llers. the other provisions of the pre- 
 sent act shall apiAy. inntdtis innlandis, to licenses of railway 
 butfets, in so far as they are not incompatible with such 
 licenses. 
 
 One person only shall be licensed for each station. 
 
 ■^ 7. — Gen&ral restriction. 
 
 Whenever a municipal by-law shall have been pass- 
 ed and confirmed according to the law, prohibiting- the 
 
— 21 — 
 
 sale of intoxicatinc^ liquors within the limits of its juris- 
 diction, and a opy of su(>h by-law shall have been trans- 
 mitted to the collector of revenue of the district, the col- 
 lector of provincial revenue is forbidden to issue any of 
 the licenses herebefore mentioned for the sale of such 
 liquors, excepting? huvelte licenses and licenses of railway 
 buffets, such licenses not being afFec;ted by the present 
 restriction. 
 
 Notwithstanding the quashing by judgment of a 
 court of justice, of such a by-law, the collector of provin- 
 cial revenue shall not grant any of i^xwh licenses, within 
 two months from the reiulering of such judgment, lanless 
 sui'h judgment be final. 
 
 In municipalities w^here there exists a by-law^ pro- 
 hi])iting the sale of intoxicating liquors, or where there 
 is no person licensed to retail spirituous liquors, the 
 sale of such liquors is permitted to a person licensed for 
 that purpose, as provided in article hereinafter, for medi- 
 cinal purposes only, or for use in divine worship, on the 
 certificate of a physician or clergyman, residing in the 
 municipality, and not otherwise. 
 
 Such certificate can be given by a resident physician, 
 only to a patient under his immediate care, or by a cler- 
 gyman, only to a person whose spiritual adviser he is, 
 hnnu-Jide, under penalty of a fine of twenty to fifty dollars, 
 lor each contravention. 
 
 In any case, not more than one imperial pint, shall, 
 at any one time, be sold in virtue of the said certificate, 
 and no liquor, so sold, shall be allowed to be drunk on 
 the premises, under a penalty of twenty to fifty dollars 
 for each contravention. 
 
 The permission to sell intoxicating liquor, in the case 
 mentioned in article , is (•onfmed to a single person in 
 ciich municipality ; such person to be appointed for that 
 l^urpose by a resolution of the municipal covmcil, a certi- 
 iied copy of which must be deposited with the collector 
 of provincial revenue of the district, who, on receipt 
 thereof, and upon receipt of the license duties as herein- 
 after provided, shall issue in favor of the person named in 
 such resolution a license to sell intoxicating liquors for 
 medicinal purpose, or for use in divine worship only. 
 
22 — 
 
 Tho person who has ohtninod such a liconsc, is bound 
 to m;ik(' !i rt'port, sworn lo Ix'f'oro a justice of the peace 
 on the lirst of every month, to the colh'ctor of ]>roviucial 
 revenue, showing the names of the persons to wliora he 
 has sold liquor during the previous month, the quantity 
 sold in each case, and upon whose certilicate the sale 
 was made, which certilicate shall accompany the report. 
 
 SECTION SECOND. 
 
 OTHER LICENSES. 
 
 § I. — Aiaiioneers Licenses. 
 
 Previous to the issue of any auctioneer's licenses 
 every individual desirous of obtaining one must become 
 p(>rsonally bound towards the provincial tr(>asurer, with 
 two sufficient sureties taki-n before the collectoi of provin- 
 cial revenue, or before some person by him thereto autho- 
 rized, in an amount of which the maximum is two thou- 
 sand dollars and the minimum five hundred dollars lor 
 each, in th(> discretion of such collector, to guarantee the 
 payment of all moneys for duties, which the applicant for 
 license shall or ought to receive, and for the faithful exe- 
 cution of the obligations imposed upon him by this chap- 
 ter. 
 
 Such security bond shall be in duplicate, wdiereof one 
 duplicate shall be transmitted to the treasurer, and the 
 other whereof shall be retained in the archives of the reve- 
 nue office. Each surety shall justify on oath his suffici- 
 ency before the officer receiving such bond. 
 
 § 2. — Pavmhmkers' Licenses. 
 
 The issue of a i)awnbroker's licx^nse by a collector of 
 provincial revenue requirt>s no other formality than the 
 payment of the duty ; and persons carrying on the busi- 
 ness of pawnbroking in <'o-partnership. in one and the 
 same house, shop or place of l)usinet;s. re(|uire ])ut one 
 license. 
 
 § -3. — Pedlars Licenses. 
 Every pedlar is obliged to take out a license from the 
 
-23- 
 
 proper collector of provincial revenue, w^ithout the obser- 
 vance of any other formality than the payment of the 
 duty, but the necessity of obtaining such license has not 
 the eliect of preventing a licensed pedlar from employing 
 a servant to assist him in carrying about his bales of goods 
 or merchandize, without being obliged to take out a second 
 license for such servant. 
 
 No enactment of this act obliges a pedlar to take 
 out a license, nor does it apply to persons employed by a 
 temperance society, nor by a benevolent or religious soci- 
 ety in this province, for the purpose of peddling and sell- 
 ing temperance tracts and other moral and religious pu- 
 blications under the direction of such society. 
 
 No person is obliged to take out a license to peddle 
 and sell : 
 
 1. Acts of legislature ; 
 
 2. Prayer books and catechisms ; 
 
 3. Proclamations, gazettes, almanacs or other docu- 
 ments printed and published by authority ; 
 
 4. Fish, fruit and victuals ; 
 
 5. Goods, wares and manufactures, when they are 
 peddled, and sold by the actual maker or worker, he being 
 a British subject and a resident of this Province, or by his 
 children, apprentices, agents or servants, excepting always 
 drugs, medicines and patent remedies. 
 
 Nor does this act compel the following persons to 
 take a pedlar's license ; 
 
 6. Tinkers, coopers, glaziers, harness repairers, or other 
 persons carrying on the trade of repairing kettles, casks, 
 household furniture and utensils, to go along the high- 
 way and carry on their business ; 
 
 *7. Nor hucksters, nor persons having stalls or stands 
 on markets, in cities or towns, for the sale of fish, fruit or 
 victuals, or goods, wares, and merchandise, in such stalls 
 or stands, on their complying with the police regulations 
 of the locality. 
 
 § 4. — Ferry Licenses. 
 
 Except between the city of Montreal and the town of 
 Longueixil, between the said city and Laprairie, and be- 
 tween Lachine and Caughnawaga, and the plai-es and 
 limits indicated in the license by th(> colh'ctors of provin- 
 cial revenue, no license is required to carry on the voca- 
 
— 24 — 
 
 tion of ferryman between the banks of the river St. Law- 
 rence. 
 
 No provision of this act applies to the proprietors 
 or masters of any vessels, plyiiig- between two i)orts of 
 this province, or rei>uliirly c]i)(Mvd or .■Icnrcd hy the ofli- 
 CL'rs of Her Majesty's Customs al aiiv such ports, or in 
 any w:iy affects any privileo-e q-rnnted by the legislature 
 of the lal(' Provinci! of Lower Canada, of the late Pro- 
 vince oF Canada, or of this Province, to the proprietors of 
 any bridge, or to any railway companv, or other road com- 
 pany. 
 
 No license for a f(M-ry can be granted lor a period ex- 
 ceeding twelve months unless it be by public competition, 
 and to persons who give t lie serurity required l,y the Lieu- 
 tenant Governor in Council, after notice inserted ;it least 
 four times, in the course of four weeks, in the qifirial Ga- 
 zette, f^wd in one or more newspnpers published in the dis- 
 trict in which such ferry is situate, and if lliere be no 
 newspaper published in the district, then in th(> nearest 
 adjoining district in which a lu^wspajier is iniblished ; 
 and no ferry is l»'as(Hl and no license is granted in that 
 respect for a period exceeding iiin years. 
 
 § 5. — Billiard Tal)/c Lirenscx. 
 
 To obtain a licens(^ to keep a billiard table for gain, 
 th(> applicant must furnish personal security with two 
 sufficient securities, who, as well as the npplicant, bind 
 themselves jointly and severally, towards the proviiicinl 
 trea.surer in the sum of two hundred dollars each, as .secii- 
 rity that the license will ]U)t knowingly nllow, during the 
 term o)' his license, any apprentice, schoolboy or servant, 
 to play on on any billiurd table kei)t by him, or any 
 person whomsoever to play thereon for money. 
 
 The surety bond must be taken in duplicate, one 
 dujilicate to be transmitted (o the tretisurer, and th(> other 
 to be kept in the olJic^e of the collector of provincial 
 reveiuxe. 
 
 § <>■ — Pow//er Ma'irazinc Licet/ 
 
 Sf'S. 
 
 Eycrj pei>on ke(M>ing a magazine for the stornge of 
 powder, or who sells and holds for .sale any quant iTy of 
 
— 25 — 
 
 powder, must obtain from the collector of provincial reve- 
 nue a license to that effect. 
 
 No license can be granted for keeping a powder 
 magazine within a radius of five miles of The cities of 
 Montreal and Quebec, nor unless the building be erected 
 accordinu" to the following rules : 
 
 1. EA'ery magazine shall be built of stone at least two 
 feet in thickness, covered with a fire proof roof mad(> of 
 metal, and adhering to the building by its own weight 
 only ; 
 
 2. It shall be enclosed, at a distance of at least ten 
 feet clear, by a stone or brick wall at Lmsi ten feet high, 
 with a stone coping, having a single opi'iiing, of which 
 the door shall be covered with brass, coi)per or zilu^ and 
 shall be so jilaced as not to open on any publi(^ hii>hway, 
 or on tin? side on whicli is the door of the magazine ; 
 
 3. In the construction of the magazine, or in the sur- 
 rounding wall, only stone, brick, copper, brass, wood, glass, 
 tin, slate, zinc or leather can be used ; 
 
 4. It must have but one entrance, to which two doors 
 shall be placed with coi)per fastenings — one inside and 
 one outside the wall ; both nuul(> of brass, copper or zinc, 
 or covered with the same mat(»rial ; 
 
 5. The lloors shall be tongued and grooved and close- 
 jointed, and each part thereof on which any perso]i might 
 walk, or place his foot, shall b" covered with leather ; 
 
 6. It shall be provided with two lightning rods, to 
 be approved of by the collector of provincial revenue. 
 
 Any powder magazine may, with the consent of the 
 Lieutenant-Grovernor in council, be constructed in a dif- 
 lerent manner. 
 
 V 7. — Circus Licenses. 
 
 Any piTson opening a circus or exhibiting a mena- 
 gerie shall first obtain a license therefor from the collector 
 of provincial revenue. 
 
 Such license shall specify the number of days for 
 which the duties have been paid, and ceases with the last 
 of these days. 
 
 One license suffices for the opening and (Exhibition, 
 at the same place, of a circus and of a menagerie, if they 
 torin tlie same troupe. 
 
— 26 — 
 SECTION TIIIIiD. 
 
 DUTIES AND FEES PAYAHI;E ON ATJ. LICENSES. 
 
 In addition to a I'oc of ono dollar on the granting of 
 each liconsi', the duties, comprised in the following tariff, 
 shidl be pnyidjle !>}' tlie applicant therefor, to the collector 
 of l>rovincial revenue i)reliminary to the granting of the 
 ditiereut licenses, mentioned in the present act. 
 
 TAKIFF OF DUTIES PAYABLF] FOR LICENSES 
 UNDER THE PRESENT LAW. 
 
 § 1. — Licenses for the sale of Intoxicating' Liquors. 
 
 1. On cnich license to sell intoxicating liquor in an 
 hotel, a restaurant, or a railway bullet : 
 
 a. In the city of Montreal : 
 
 1. I'or hotels containing more than thirty beds, one 
 thousand dollars. 
 
 ■2. F'or the other hotels, as also for all restaurants and 
 buffets, live hundred dollars. 
 
 b. In the city of Quebec : 
 
 1. For hotels containing more than thirty beds, eight 
 hundred dollars. 
 
 2. For the other hotels, as also for all restaurants and 
 buffets, four hixndri'd dollars. 
 
 c. In every other city, two hundred dollars. 
 
 d. In every incorporated towni, one hiindred and fifty 
 
 dollars. 
 
 e. In every village, rt^gulated under the authority of 
 
 the Municipal Code, one hundred dollars. 
 /. In every section of organized territory outside of 
 
 any city, town or village, seventy-five dollars. 
 n\ In every non-organized territory, fifty dollars. 
 
 2. On each license for the sale of intoxicating lic^uors 
 in a club : 
 
 a. In the city of Montreal, eighty dollars. 
 
 /;. In the city of Quebec, fitly dollars. 
 
 c. In every other part of the Province, forty dollars. 
 
 3. On each license for a burette, for the sale therein 
 of intoxicating liquors, two hundred dollars. 
 
 4. On each license for the sale of intoxicating liquors 
 at the mines, or in any mining division or district, such 
 sum as the lieutenant-governor in council may determine, 
 
— 27 — 
 
 liquors, 
 
 provid<'cl that, in iio rase, shall sufh sum Ixi less tluui 
 se'"'enty-livo dollars. 
 
 5. Ou each nUail liquor shop license : 
 
 a. In each ol' tlie cities ol' Montreal and Quehi'c, two 
 hundred dolhirs. 
 
 I). In every other city, one hundred (hdlars. 
 
 r. In every incorporated town, sevenly-live dollars. 
 
 fi. In every other part of or<iain/<'d territory, lil'ty 
 dollars. 
 
 e. In every non-organized territory, twenty-five dol- 
 lars. 
 
 6. On each wholesale liquor shop license : 
 
 a. In each of the cities of Montreal and Quehec, two 
 
 hundred and iifty dollars. 
 
 b. In every other city, one hundred and twenty 
 
 dollars. 
 
 c. In every incorjiorated town, one hiiiidred dollars. 
 
 d. In every other part of organized territory, seventy- 
 
 liv(! dollars. 
 
 7. On each license for the sale of fermented 
 
 bottled by the holder of such license : 
 (I. In the cities of Montreal and Quebec, seventy-five 
 dollars. 
 
 b. In any other part of the Province, fifty dollars. 
 
 8. In special cases, such as meals, bazaars, etc.. on 
 payments of the sum often dollars for each day, the col- 
 lector of provincial revenue may, at his own option, 
 authorize proper parties to sell intoxicating liquors, on 
 unlicensed grounds. 
 
 0. On each license to sell liquors, for iiiedicinal 
 purposes or for use in divine worshij), in municipalities 
 in which a prohibitory by law is in force : 
 
 a. In every city, twenty dollars . 
 
 /;. In every incorporated town, ten dollars ; 
 
 c. In every village two dollars ; 
 
 d. In every part of organized territory, outside of a 
 
 city, town, or village, one dollar. 
 
 Special licenses for the sale of loine, apple rider, and beer. 
 
 On each spesial license to sell wine, apple cider, and 
 beer, in the city of Montreal only, three hundred dollars. 
 
 Licenses for temperance hotels. 
 
 10. On each license to keep a temperance hotel, fiv^ 
 dollars. 
 
— 28 — 
 § 2. — Auctioneers^ Licenses. 
 
 11. On oach aucticmeor's license : 
 
 a. In oach o!" the cities of Montreal and Quebec, 
 
 eighty fiv(> dollars; 
 
 b. In all other cities and towns, sixty dollars ; 
 
 c. In every other part of the Province, twenty five 
 
 dollars. 
 
 12. On all separate licenses, taken out by an auc- 
 tioneer, for the rniployment of an assistant agent, servant 
 or partner, as crier : 
 
 a. In each of the cities of Montreal and Quebec, 
 
 thirty live dollars ; 
 h. In all other cities and lAvns, twenty five dollars ; 
 c. In every other part of the Province, fifteen dollars. 
 
 § 3. — Pmvnbrokers' Licenses 
 
 13. On ea<'h pawnbroker's license, one hundred and 
 twenty five dollars. 
 
 § 4. — Pedlars' Licenses. 
 
 14. On each license for a pedlar, for one judicial 
 district, twenty dollars, and, for each additional judicial 
 district, ten dollars. 
 
 § 5. — Fern/ Licenses. 
 
 15. For each license for a ferry, such sum as may be 
 fixed by the Lieutenant Governor in Council under 
 sections 
 
 § 6. — Billiard table Licenses. 
 
 16. For billiard table licenses, other than for those 
 in a club: 
 
 a. In incorporated cities and towns ; 
 
 1. ¥()Y each table, where not more than two 
 
 tables are kept by the same person, and in 
 the same building, forty dollars; 
 
 2. When there are more than two, — for the third 
 
 and fourth tables, tw'enty dollars each ; 
 
 3. For the fifth and sixth tables, fifteen dollars 
 
 each ; 
 
2!)- 
 
 4. And lor cath table boyond six, ton dollars ; 
 
 b. And, in every other part of organized territory, 
 
 twenty dollars for each table. 
 
 17. On each license tor a billiard table in a club : 
 n. In the city of Montreal, twenty dollars ; 
 
 h. In the city of Quebec, fifteen dollars; 
 
 c. In every other part of the Province, ten dollars. 
 
 18. For each bagatelle, pigeonhole, or mississippi 
 board : 
 
 In every part of organized territory, fifteen dollars. 
 
 § 7. — Powder magazine Licences. 
 
 19. For each license to keep or use a powder maga- 
 zine fifty dollars. 
 
 20. For each license for the sale of powder or to keep 
 it on sale : 
 
 a. In the cities of Montreal and Quebec ; 
 
 1. By wholesale and retail, twenty dollars ; 
 
 2. By retail only, eight dollars ; 
 
 b. In every other city ; 
 
 1. By wholesale and retail, ten dollars ; 
 
 2. By retail only, five dollars ; 
 
 c. In every incorporated town ; 
 
 1. By wholesale and retail, five dollars ; 
 
 2. By retail only, two dollars and fifty cents ; 
 d In any other organized part of the Province ; 
 
 1. By wholesale and retail, two dollars and fifty 
 
 cents ; 
 
 2. By retail only, one dollar. 
 
 A quantity of twenty five pounds or more, or a dozen 
 canisters, of one pound each, sOid at any one time, is 
 deemed to be sold wholesale, and a less quantity than 
 that, hereinabove mentioned, is deemed to be a sale by 
 retail. 
 
 M- 
 
 ■Circus and menagerie Licenses. 
 
 21. For each license to open and exhibit a circus or 
 equestrian representation, menagerie, or caravan of wild 
 animals ; 
 
 a. In the cities of Montreal and Quebec, and within 
 a radius of three miles of each of these cities, 
 two hundred dollars, for each day of the repre- 
 sentation or exhibition of the same ; — and for 
 every side-show, twenty dollars for each day ; 
 
 I 
 
— m — 
 
 h. Tn other parts of tlic rroviiitf. ouo hundred dol- 
 lars lor ciicli day ; — and lor every side-show, 
 ten dolUirs i'or lach day. 
 
 § 0. — Powers of Ihi' fJeii/ei/mit Governor us to Ihr reduction of 
 the ilutics on licrnsts, (uid other /irorisions. 
 
 The Lieutenant (iovernor in council may, l»y regu- 
 lation, wlien and so ol'ten as he deems it expedient, 
 reduce the rati; of duty on licenses, as mi'ntiontMl in 
 article of t lie present act. ])rovided that this rate ])e 
 
 not helow the rate imposed by (he lii'lli section of the 
 Imperial Act fourteenth (leorii'e III. cliupter cinhty-eight. 
 
 The lieutenant ifovernor in council may. upon the 
 recommendation of thi- p"rmanent exhibition committee 
 appointed by the council of agriculture and the council 
 oi'arts and manufactures, grant licenses, at reduced rates, 
 to si'U intoxicating li([uors, on the grounds set apart lor 
 exhibition i)urposes. to have ed'ect only durinii' the provin- 
 cial exhibition. 
 
 The duties im]>osed }»y this act on licenses for hotels, 
 restaurants. Imveltrs. bullets or licjuor shoi)s, include those 
 imposed by the said imperial act ; but. should the same 
 be hereafter rejx'ah'd. such repeal shall not luive tlie 
 ellect of reducing the amount of such duties. 
 
 No other licenses tlian those issued under the pre- 
 sent act ari' necessary to be ol)tained. by any i)erson, for 
 the same objects, I'rom any <'orporation or municipal 
 bodies. 
 
 The obliga ion to lake out a license for the sale of 
 intoxicating lifpuu's. and [^^v i)illar(l tables. ai>plies to all 
 places where su h licjUors are sold aiul where })illiard 
 tables are ke])t. :'.'>t\\ithstanding that such jdaces and 
 tables an; used by a club or as.sociatiou of any kind. 
 
 § 10. — D/dicx of collectors of /irorinekl revenue as regards 
 the issuing of Licenses. 
 
 Excepting the restrictions and exceptions hereinabove 
 imposed, it is the duty of each collector of i)rovincial I'e- 
 A'enue. on ]>roof })einii;- I'urnished to him of the fullilment 
 of all the formalities, on payment being made to him of 
 
 x 
 
— 31 — 
 
 tho roquisih' dntios for tho issuo of the liconses ht'rt'in- 
 above rncntioiird, and on upplicntion hcini? niadi' to him, 
 to issue, within th(> limits of his jurisdiction, t-acli of tho 
 abovo liccnst's 
 
 The same rub' applies to the odieer named fur the 
 issuing of lieenses for tavern at the mines 
 
 Sl'XTION POUliTII. 
 
 PEXATiTU:S. 
 
 § 1. — Pfnalfif'S for infrdrtions of lliis art hi/ illiiit sdir of 
 intoxicating liquors ati'f iprlnin frniiilident practices. 
 
 Any one who keeps, without a lieense, to that elPect, 
 still in force, as hereinabove prescribed, an hotel, restau- 
 rant, f»ireftc. buffet, or liquor shop for the sale, by whole- 
 sal(> or retail of intoxicating liquors, is liable to a (inc of 
 fifty dollars for each day that the contiaventioii lasts, or 
 sells, in any quantity whatsoever, intoxi''nting li(|Uors. in 
 any part whatsoever of this Province, municipally oru'an- 
 izcd, is liable for thi! first contravention, to a fine of one 
 buiulred and fifty dollars, if smh contravention take 
 place in the city of Montreal, and one hundred dollars if 
 it has l>een committed in any other part of the organized 
 territorv ; ;>ud, if the contravention take jdace in a non- 
 organized territory, the penalty is fifty dollars. 
 
 Any one who keeps, without a license still in force 
 to that effect, a temperance hotel, is liable, for each day of 
 contravention, to a fine of twenty dollars. 
 
 Any person, thus convicted, who shall become 
 guilty of a second offence, within the two years follow- 
 ing the date of the first conviciion. is liable to a fine 
 double to that above mentioned ; and on b(>ing convicted 
 for a third and all subsequeut otfeiu^es, within the same 
 period, shall be condemned to imprisonmejit in the (;ommon 
 jail, for a term of three to six months. 
 
 If, on a prosecution for a second offimce, the first 
 conviction should not be proved, the tribuiud may all 
 the same condemn the defendant, if the proof be sufficient, 
 and impose the penalty determined for a first offence ; 
 likewise on prosecution for a third, or all subsequent 
 offences, the tribunal may impose the penalty, determined 
 by the law for a second or a first off'euce, according to the 
 
— :)2 — 
 
 case, instojid ol' imprisoniiuMit, il' ihc prosecution docs 
 not prove the lirsl or se.oiid, or the (wo i)revious coiivir- 
 tions, ulthoui^h the thiii!,'' hi' not iisked. 
 
 Any trader, not lieenNed I'or tlie Mde ol intoxieiitin^;- 
 li()Uois, sliiill Mill keep iiny intoxiealiiiu' li(|iu)r,-, williin 
 lli^ plaee ol' l»U,sint,'.sK or its dependencies WlllloUl licilili 
 
 jiuthorized thoruto, as horcinat'ter nu-nlioned, under i)en- 
 alty ol' conliscation oi the said li(piors and of the vessels 
 containing tiie same, andol' a hm- oi' iwi'Ut y to lilt y dollars 
 I'or each ollence. Nevertludess, the collector ol" revenue 
 may, in specia' cases, allow that a limited (|uantity ol' 
 liciuors he kept, provided that in all cases, it is not to he 
 sold there. This permission may he withdrawn l)y the col- 
 lector ol revenue, at his discr*'tion, alter a written notice 
 ol' lil'teen days. This delay expired, tlie said trader shall 
 not he allowed to have any li(|Uor within his oslahlish- 
 nu'Ut and premises, under the penalties hereahove determ- 
 ined. 
 
 § 2. — reiialfiett for selling liquor without license in a 
 
 luining division. 
 
 Whosoever sells or harters any intoxicating liquors, 
 within a radius orniiie miles T'om any mine that is heinc' 
 worked in a mining division, without having lirst ohtained 
 a license ibr that purjiose I'rom the ins])ector oi" the divi- 
 sion, undi'r the law, is liahle to a line, not exceeding oiU' 
 hundred dollars and costs, (or in dtdault of payment, to 
 imprisonment I'or a jieriod not exceeding two months,) iri 
 addition to the lorleiture oi" such intoxicating liquors. 
 I'ound in liis possession. 
 
 Whosoever, by himself, or his clerk, his servant or 
 agent, exposes or keei)s for sale, directly, or indirectly, 
 under whatever pretext, or by any device, sells or barters 
 for any consideration wnatsoever, or gives to any other 
 person any intoxicating liqxior, incurs the penalties men- 
 tioned in the preceding article. 
 
 Whosoever, in the employment or on the premises of 
 another, thus exposes or keeps for sale, or sells or 
 barters or gives intoxicating liquor, in violation of the 
 two preceding articles, is deemed to be equally guilty 
 with his principal and incurs the same penalty. 
 
I 
 
 - ;j8 — 
 
 Till' (1 lively of intoxicatinj; licjuor in <>r I'roin any 
 building. Ixiotli, or phuc, other than a privattr (Ivvelliiig 
 hoiis'' or its (le|teii(l,.neie.s, (»r in or i'rom any <l\velliii<>' 
 hoiis, or Us (leix'ndi'inios, il'aiiy part tliercol' be used as 
 an liotel. rt'staurant. trroeery shop, or other pl.uf of com- 
 mon resort, — such dcliverv, in <'ith»'r rase, f)eiim' to any 
 out' not hdiiii Jilr \{ lesidi'lil I herein, is />/7«n« /i/r/V' (h-emt'd 
 sullifieiil evidence of a sale and bart ■ of intoxieatini'' 
 liquor, in violation of thf said mining' a 't, and is punish- 
 able in eonse(|Uence 
 
 1- 
 m 
 
 I' 
 
 Any delivery of intoxi<'atini»' li<|Uor in or from a pri 
 vat*' dweliinii" house, or its dependencies, or in or Iron 
 any other l)uildin<i' or place whatever toanyone, whethe 
 resident therein or nni, with payment or promise of |)ay 
 ment. either express or implied, bi'fore, on or after >ui'li 
 delivery is iniinti fucic deemed sullii i nt eviilence of a sale 
 and barter of intoxicating liijuor in violation of the said 
 act, and is i)unish;ible in consecjuenre. 
 
 OTIIKh- !M':\AI. I'ROVISIONS. 
 
 Any one holdiiiL;' a retail li(|U )r shop license, and who 
 sells in such shop, or in any place whatsoever, within the 
 limits of this Province, any intoxi'atinu' liipiors in (pian- 
 tity less than one imperial i)int, atone and the same time, 
 or holdinn' only a wholesale licjuor shop license, sells in 
 such shop or within the above mentioned limits, any of 
 said liquors, in ([uantity less than two imperial yallons, 
 or one dozen bottles, t'ontaininu' not less than one imperial 
 pint each, at one and the same time, becomes liable tt> a 
 line of twenty to lifty dollars for each contravention. 
 
 The same line is aiii)licable to the(ase oiapi-rson 
 holding a lii'cnse, who st-lls, in any (juantity whatsoever, 
 intoxicatinti' licpiors, outside of the i)lace audits dejien- 
 deiicies, lor which the license has been obtained. 
 
 The purchaser of intoxiciitiiiu" li()uors, in a licensed 
 shop, is i'orbidden o drink, or cause any one to drink, or 
 to allow the said liquors to be drunk, in the shop where 
 such li<|Uors have bei'U purchased, under a line of twenty 
 to lifty dollars for each contravention. 
 
 l*]very licensee to keep a temperance hotel, who allows 
 intoxicating liquors to be drunk in his house or depen- 
 
 I 
 
doncios. mcnvH a fine of twenty to fifty doluars for each 
 coutvaveutiou. 
 
 Every pro]n-i('tor or rna^ti^r of a steamboat or vessel, 
 lioldiuu' a license und'v the presi'iit ai't, who allows the 
 bi/ref/e thereof 1o remain open, or who sells or allows 
 intoxii'atinn' li(|uors to be sold on 1)oard, during the time 
 that such steani))oat or vessel is staying- in a port, or at 
 a wharf, or at any dIuc ot disembarkation, is liable to a 
 fine of twenty to lifty dollars. 
 
 Any person, not being- the holder of a license, who 
 exhibits, causes to be exhibited, or allows the exhibition, 
 in or on any ]>art of his house or its dependencies or of 
 his vehicles, of any sign, inscription, i)ainting, or any other 
 sign whatsoever, of a nature to indu(>e the belief that the 
 Kiile of intoxicating litpiors is authorized therein, and that 
 he is the holder of a license to that elfect, is liable to a line 
 of tv.'cnty to lifty dollars for each contravention. 
 
 The same jx'nalty is incurred by any licensee, who, 
 by anv of the means mentioned in "tliis article, S(>eks to 
 induce tht> belief ihat he holds a dilferent license from 
 that wliich has l)een granted to him. 
 
 Any one not beinu' a licensee as hereinbefore men- 
 tioned and iiot being a trader, who keeps or allows to be 
 kept within his house or depiMidencies, in storage or 
 otherwise, any intoxicating liquor, for the purpose of 
 making a sale thereof, shall be liable to a line of twenty 
 to lifty dollars. 
 
 The proof of facts anterior to, or foreign to the cause 
 establishing the .suspicion that such intoxicating liquors 
 are kept, for tlu^ jiurpose of being sold, may be made 
 before the tribunal hearing the case. 
 
 The Judgment inllictiug such fine, shall order the 
 confisi'ation of the said liquors and the vessels containing 
 same. 
 
 The collector of provincial revenue shall have the 
 liquors and vessels conliscated either under this article, 
 or any other authorizing the same coniiscation, sold by 
 private sale or by auction, according to the instructions 
 which are given him by the provincial treasurer, and the 
 
 ■ M 
 4 
 
) 
 
 o.') — 
 
 collector of provincial revenue shall retain one-third of 
 the pric^e realized, and remit the remaining two-thirds to 
 the provincial trasurer. 
 
 § 2. — Ohli>>-aft(ms iinpossd upon licensees and penalties for 
 I'onlravenlions. 
 
 Each inn and temperance hotel, situated in a village, 
 or in the country parts, shall, in addition to the lodging 
 apartments of the family, contain at least three bedrooms, 
 having each a good bed. for the use of travellers. 
 
 The master of every hotel, or temperance hotel, shall 
 keep in an out-house, adjacent to the main building, stalls 
 for at least four horses, and shall always be provided 
 with eatables and provisions for travellers, and hay and 
 grain for their horses. 
 
 Every hotel or temperance hotel, in a town or city, 
 shall contain a kitchen of sulhcieut dimensions, all the 
 utensils necessary to prepare meals for at least ten per- 
 sons, a diuinti- room with a suitable table whereon to lay 
 the cloth, and at least live bedrooms for the use of tra- 
 vellers. 
 
 Every restaurant must be suitably furnished to the 
 satisfaction of the authorities conlirming the certiiicate. 
 
 The master of every such hotel, temperance hotel or 
 restaurant shall, at all times, on demand of the collector 
 of provincial revenue or his (^eputy. exhibit his license, 
 which he shall keep constaiitly exposed to the view of 
 the public, in the bar of his establishment, or in some 
 other place approved of by the collector of provincial 
 revenue. 
 
 He shall likewise cause to be printed in legible char- 
 acters, at least three inches high and broad in proportion, 
 immediately above the outside of the door of his house, 
 his name in full, with the words, in the case of an hotel 
 or restaurant, " Licensed to retail spirituous liquors," or 
 " Licensed to retail intoxicating liquors," and, in the case 
 of a temperance hotel, '■ Licensed to keep a temperance 
 hotel," under the penalties mentioned in article 
 
 If such establiohment be situated in the country 
 
— 36 — 
 
 parts, the innst(>r thoroot' mtiKt moreover expose and keep 
 exposed, duriiiii' tlie whole period oi' his lieeiis<', a siiniUir 
 ii)serii)iioii (iir .siun). ••oniposi'd of h'ltei's. imt less thiin lour 
 iiichi's hiuh, iiiid wide in proportion, on his house ov on 
 the top oi' ii I'dsl. or several jiosts, ol' suf'ieient lii'in'ht close 
 to his housi'. toindieatei to tnivellers, under the p, 'unities 
 mentioned in iirtirle 
 
 J'hery l)oti Irr shall (.-use to he jiMinted in L'tiihlo 
 letters, ol' at lens! iwo inches in hi'iirlit and a proportion- 
 ate 'Tvidth. on liolh sirles ol' his vehi<'le, his name at lull 
 lenii'lh, addiiui' tli'-reio the word : " licensed " niuler a 
 peiiallv oi'twentv to lil'ty dollars I'or each I'ontravention. 
 
 No o-anihliiiLi' is allowed in an estaldislunent thus 
 licensed, under the penaltv oi iwentv to iil'ly dollars, 
 airainst the nuistcr ol' this estahlishinent, lor each contra- 
 vention. 
 
 Not more than oiu' diinkinii' bar diall he kept t! ere- 
 in. under the same [x'nalty, lor each day that the contra- 
 vention lasts. 
 
 Intoxicatinii' Ii(Hio;-s shall not h ' sold therein, alter 
 eiiiht o'clock at niuht, under the same peiudty, to soldiers, 
 sailors, ap})rentiifs or servants, known as such by the 
 master oi' the house. 
 
 No iutoxicaf iusi' or teinperanie li([uoi' shall be sold 
 in an establishment licensed I'oi- an hotel, or restaurant, 
 or tavern at (he miiu's, I'ro;;! midniiiht until live o'clock 
 in the nutrninu'. iu)r durinu' the whole of anv Sunday, 
 unless on a special demand I'or medii-iinil pur[)oses, signed 
 hy a medical practitioner, or by a justice oi' the [)eace, and 
 pro<luced by the purchaser. .Any ( ontravciition to this 
 article is punishable by a line ol' titty dollars. 
 
 The liquors, so sold on special demand, shall not be 
 druid\ on the jnvmises. 
 
 During the prohibited time, all a|)artmeuts contain- 
 ing intoxicating liqtiors shall be kept closed, and no intox- 
 icating or temperance liquor shall be didivered to any per- 
 son whomsoever, not even gratuitously, in the place of 
 business or dej)endencies ol" same licensed person, unless 
 it be to a traveller or bona Jide boarder, in his room, or 
 
— 37- 
 
 (lurina- his meals Any rontraveiitioii to this arti(>l«^ is 
 imnishiildc by ii lini' ol' lil'ty (loJlavs. 
 
 No contra ventu' to the provisio > ol' th'- prin'mliun- 
 article and ol" s,> -tioii ol" this U'i. is suhject to more 
 
 than one conch'mnalion I'or eai-h day ol' contravention. 
 
 "Whilst the license for thi^ sale ol' intoxicatiim' licinors 
 is in I'orco. with the I'xi'eption of lic'iis's lor wholesale 
 liquor shops. )io other traile can !)>• carried on within tlie 
 estalilislnnent to which the license a|)plie.s. under peiudty 
 of a line of lil'ty to one hundred dollars, for each day of 
 contravention. 
 
 No licensee to keep an hotel or temperance hotel can 
 refuse to receive and harbor trdv*dh»rs without just cause. 
 
 No licensee to kee]) a restaurant can receive or harbor 
 travellers. 
 
 The hu>band. wife, lath-r. mother, brother, sister, 
 curator, tutor, oi' cni])loyer of any per.->on who has the 
 habit of drinking' intoxicatinu' lifi'.ior to excess ; 
 
 The manaiz'er or person in charge of any asylum, 
 ho.spita.l, or other charitable institution, in which such 
 person resides or is kept ; 
 
 Or the tutor or curator of any child of such interdicted 
 person ; 
 
 May give notice in writing, signed by him or her. to 
 anv person licensed to sell mtoxicatinii' licjuors, luit to sell 
 or deliver the same to the person having such habit or to 
 such interdi<'ted i)erson. 
 
 If, in the course of one year from the dat- ol such 
 notilication, the person thus notified, either personally. 
 or by his clerk, servant or agciit. sells or delivers, such 
 liquors otherwisi' than on a si)ecial demand, for m"dicinal 
 purposes, signed by a medical |)ractition -r, to the person 
 havinu' such habit, or to such interdicted person, the 
 pi'rson who has given the noti'c may. In' an action for 
 personal damages (if the same be instituted within six 
 months of the commission of tlie oliiuice), r.'cover from 
 the person notified the sum of not less than lilty dollars 
 nor more than live hundred dollars, as it shall be adjudged 
 by the tourt or jury, as damages and interest. 
 
 I 
 
t**'' :» * i 
 
 Ev(MT msirri.Ml woman mny. llot^vithst!^n(hn^• article 
 m; or tho Civil ('o<li-, institute such an action m her own 
 name, without the authorization of her hus hand. All 
 (lamao-es reeovered hy her ar.-, in su.di eases, lor her solo 
 use. 
 
 In the ease of death of either of the parties to the suit, 
 provided that th.> identity <.f the person to whom he 
 iduor is sold, be known to the seller a the time ol surh 
 Jv or delivery, the a.ticm and the ri-ht oi aetio.i, o,ven 
 hy I he thre,. ]mvedin- artieles subsist m lavor ol or against 
 their legal representatives respeetively. 
 
 ThiMnasterofanv establishment where inloxieating 
 Ihinors are sold, and everv person employed by him in 
 the establishment, are s.werally liable to an aelion ol 
 damanvs. towards the representatives oi a person, wiio 
 shall have become intoxicated in the establishment by 
 means of liquors delivered to him, by the said master 
 or employc.e and who, ]>y reas<.n ol his drunkenness 
 shall have committed snicide, or died Irom some aecideiit 
 occasioned by such intoxication. 
 
 This rio'ht of action, which lasts but for three months 
 form the date of death, may be joint and several or 
 distinct and separate, a- dust each of the individuals so 
 responsible- .nd the representatives oi the person d.- 
 cealed may recover a sum of not less ihati one hundred 
 dollars, and not exceeding one thousand dollars, unde, 
 such action fo/ damages and interest. 
 
 If a perso.. in a state of intoxication commit an 
 assault, or damao-e any property, the person who shall 
 have deliv/red the li(i"uor .'ausing such intoxication, m 
 contravention of this act, or any other law, is subject, as 
 reo,mls the person injured, to the same civil a.'tion of 
 damages as he who .ommitted the assault or damaged the 
 
 property. . • . i ^ 
 
 The resjionsibility is joint and sevin-al. 
 
 Tf a licensee to sell intoxicating li(iuors or to keep a 
 temperance hotel be convhted of felony, ol perjury or ol 
 ohtainimx money und(n- fal.M' pivtences, the tribunal pro- 
 nonn.'in"- the s.'nten.e. may, >le propno wnh, revoke the 
 ,,.,nii(atc bv virtue of whid, h ■ „l.!:nncd his licnse. 
 
— 30 — 
 
 Whou tho collortor of provincial revenue has been 
 informed of such revocation by the tnl)unal or by the 
 clerk of the court, he shall notily the licensee o such 
 revocation, and, thereupon, his license becomes null and 
 void. 
 
 If the licensee, who has received regular notice of 
 such revocation and annulment of his license, continue 
 to keep the house or shop authorized l>y su.^h liceiise and 
 to sell intoxicating liquors ther.>in. he becomes liable to 
 the lines and penalties imposed by the present act on per- 
 sons who keep such houses or sell such liquors, without a 
 license. 
 
 Every payment in money, or in objects having a pe- 
 cuniary value, for intoxicating liquors, furnished m con- 
 travention to the present act, is held to have been made 
 without cause and against law. 
 
 The amount thereof may be recovered from the recei- 
 ver thereof by the party who made such payment, or by 
 his wife without the authorization ot her husband and 
 his father or his tutor, if he be a minor ; and all contracts 
 and obligations whatever, in whole or m part, made and 
 entered into, for or by reason of such furnishing of such 
 liquors in violation of the law, arc null, saving the rights 
 of third parties. 
 
 No action can be maintained for or by reason of the 
 deliverv of liquors, furnished in contravention to the pre- 
 sent act This arti(de does not ailect the provisions ot 
 article 1481 of the Civil Code of Lower Canada. 
 
 The proprietor of all establishment li<>ensed for the 
 sale of intoxicating liquors, shall place above the en- 
 trance or within twentv feet of that establishment, a lamp 
 which shall remain lighted every night, from sunset to 
 sunrise, during the whole time his license is in ior.'e, un- 
 der penalty of a fine not exceeding hve dollars lor each 
 contravention. 
 
 The competent aixthorities may nevertheless dispose 
 any such proprietor from conforming to this provision 
 in the case where they believe the locality where the said 
 establishment is situated, to be sufliciently lighted, or lor 
 any other reason they may deem plausible. 
 
— 40 — 
 
 Any liccnsod povsnn, Avho shall receive in iiayment for 
 intoxicatinii' liciuors 12 i veil or lurnished witiiiii or without 
 the licensed establislniient, any value other than current 
 coin, or the dehtor's check, or that ol'any other )>erson. on a. 
 bank or a ])anker, shall, for each contravention of that 
 nature, incur a line ol' twtMity to iil'ty doHars. The per- 
 son to whom belon<>-s the vah, ' thus oiveii in payment, 
 shall be, in justice, have the riffht to recover it. in jus- 
 tice, orits worth, without the licensee bi'iiu' able to recover 
 therefor the value of the liquor sold or delivered. 
 
 No licensed person, shall receive in advance, ^vhether 
 directly or indirectly, by means of tickets, bonds, or 
 counters u'Ia'cu for ii'ames at billiards or other a'anies. any 
 payment whether in money oi' ell'ccts for any li(juor to be 
 furnished later, under penalty of a iine of twenty to fifty 
 dollars for each contraventiou. 
 
 Anv person, licensed for the sale of intoxicating li- 
 ([uors, who shall allow any person to become intoxicated 
 within his establishmiMit, or who shall suiier violiMit, 
 (juarrelsome, noisy or disonU'ily conduct therein, or who 
 shall sell or deliv(>r uj) any intoxicating liquor to any in- 
 toxicated person, or who shall allow any intoxi<'ated i)er- 
 son to drink intoxicating liquors within his establishment, 
 or who shall sixiFer persons whose reputation is notori- 
 ously bad, to habitually assemble within his establish- 
 ment, shall be sul)ject to a line ol twenty to lifly dollars 
 for each coutraveution. 
 
 In the case where it should be alleged and jn-oved 
 on any pros(>(Ution for contraA^entiou to the preceding 
 article, that, l)y r(>ason of the repetition of such contraven- 
 tions, licensed establishment is a public nuisance, it shall 
 be the duty of the magistrate hearing the case, to put an 
 end to the license to the controvener. 
 
 Any licensed person, who shall knowingly receive 
 within his establishment, any })oliceman, constable, or 
 license inspector in imiform, unless it be in the discharge 
 of his duties, or who shall furnish any of those officials 
 in uniform with any liqiior whatsoever, whether gratuit- 
 ously or by sale, iinless authorized to do so by some supe- 
 rior officer of these functionaries, or who shall bribe, or 
 attempt to bribe them, so as to hinder the discharge of 
 their dutie.s, shall be subject to a iine of twenty to fifty 
 dollars. 
 
— 41 — 
 
 Any pt'i'soii licoiisiMl to s(>ll intoxiciitiny liciuois, m;iy 
 rt'lusi' to adiiiit within his (■st;il)li>liiiii'nt or may cxpi'l 
 therefrom, any person intoxicated or becominu- vioU'nt, 
 quarrelsome or noisy, as also any person wliose presein.-e 
 within iiis establishment wouUl render him siil)ieet t(» a 
 iine, in virtue of t lie prestmt aet ; and any su<h person, 
 who, after havinii' been re(iuested, eonl'ormably to tht^ 
 present section, by the licensee, or his representative, or 
 a license inspector, or by a policeman, or constable, to (|uit 
 the said estal)lishment. shall refuse or neiilect to do so, 
 shall be subject to a line of twenty to iifty dollars; and 
 every polici'man, constable, or license iuspiM-tor, is obliged 
 at the request of such licensed pcMson, or his represi'uta- 
 tive, to expel or help to expel any such person from this 
 establishment, and may to this end employ the compul- 
 sory force required. 
 
 Any person who shall make, or use, or allow to be 
 made, or used, any interior communication between an 
 estal)li.shment li<'ensed for the sale ol'intoxicatina-liquors, 
 (with the exception of wholesali' liquor shops,) and another 
 establishnuMit, shall be subject to a line of twenty to 
 fifty dollars, for each day during which the communi- 
 cation shall remain opened. 
 
 It is forbidden to any person licensed to keep an 
 hotel or a restaurant, to furnish, within his establishment 
 or elsewhere, by sale or otherwise, any kiiul of intoxicat- 
 ing liquor whatsoever to a minor unless it be at meals, 
 or to receivt^ him within his establishment, unless it be 
 to lodge aiul furnish him with board, uiuler penalty of a 
 line of twenty to hfty dollars for each t'ontraventiou. 
 
 Any person not of age who shall enter such establish- 
 ment, unless he be there as f^ wt ^ f :* traveller or boarder, 
 bona fide, or who shall therein drink intoxicating liquors, 
 unlcnn it be nt^m-^alfi "'• who in any other way shall pro 
 cure the same from the said establishment, shall incnrr a 
 penalty uot exceeding twenty dollars for each contraven- 
 tion. ^''^ '•7^" 
 
 \y 
 
 Every policeman, constable and license inspector 
 specially authorized in writing by the justice; of the 
 peace, or any other functionary having the jurisdiction of 
 a justice of the peace, after the above mentioned shall 
 have been convinced by allidavit produced before him, 
 
— 42 — , ' 
 
 that thoro aro sufficient reasons therefor, maylMter any 
 unliconsfd cKinblishment where there Ik rea^ion In suspect 
 intoxicating liijuors are kej)t for the purpose of being- sokl, 
 and search therefore, and open with any necessary assist- 
 ance, and even hy force, the cupboards and receptacles 
 wherein he has r('asou to believe such liqiiors are stored ; 
 if any be discovered, he shall seize and remove such intox- 
 icaliiig liquors, lop^ther with the vessels containing th(nn, 
 and place them under the keeping and in the possession 
 of the lollector of revenue, until a Judgment of the court 
 shall have disposed thereof. 
 
 The Lieutenant-Governor in council may appoint a 
 certain number o'" persons, designated as " License Ins- 
 pectors," having their residenct> in Montreal, who shall 
 be sworn in as constables, and who shall wear a special 
 luiiform ordcnvd by the Cxovernor in council, whose spe- 
 cial duty shall be to have the pn-sent law respected 
 and who shall be under the. control of the competent 
 authorities. The Lieutenant-Governor in council shall 
 appoint the salary of such license inspectors. 
 
 It shall be the duty of those functionaries to prevent 
 or verify the violation of any of the provisions of the pre- 
 sent act, and for this purpose, they shall constantly visit all 
 licensed establishments, where they shall have the right 
 to enter at any hour of the day or night, provided they 
 be in uniform. It shall be the duty of the proprietor of 
 the licensed establishiiient, or of any person iu charge 
 thereof, or who is present, to receive the said inspectors, 
 and allow them to visit the said establishment and its 
 dependencies. 
 
 If, in making such investigation, the said func- 
 tionaries verify the violation of any of the provisions 
 of the present act, or have reason to .suspect that any of 
 the provisions of the present act have been violated, they 
 may forthwith d.aw up verbal proceedings, note the 
 name, address and quality of the persons there present, 
 and take the proper measures to ascertain their identity, 
 and summon them as witnesses. 
 
 Any person who shall refuse to give his name, qua- 
 litv and address, or who shall give a fictions name or 
 address, shall incur a penalty of ten dollars. 
 
 
■/ 
 
 — 43- 
 
 The collortor of rcvomio shall JTul?o if th.-ro h.> roason 
 or not to institute prorecdinus, after tho rei.ort tlu.t shull 
 be made by the said oflitials. 
 
 Every polict-man, or guardian of the peace, or .onstable 
 in uniform, sh.ll have the same rights an.l pnvile-es as 
 the liciMise inspe tors, as to visiting sueh establishment. 
 
 TV^hosoever, beinff present in the said establishment, 
 its dependencies or its vicinity, whet^^ as proprietor or 
 otherwise, shall refuse to admit one of the said lu"ctiona- 
 ries, seeking admittance in tho discharge ot his dut> , or 
 who shall deliberately prevent, obstruct or d.day tho ad- 
 nnttance of the samei or who, in any way, shall oppose 
 the least ob-tade to the dis.harge ot his duties, wliethi-r 
 by deed, bv threatening, or insulting language, or other- 
 wise, shall be liable to a iine of twenty to hfty dollars. 
 
 Any infringement on the part of the proprietor of 
 such establishment, to any provision of articles and 
 
 followino-, shall authorize the said competent authorities 
 either to put an end to the license already existing, or o 
 refuse the continuation of the license at the end oi the 
 year. 
 
 Any second contravention to the present law, during 
 the same year, by a person licensed for the sale ot intoxi- 
 cating liquors, in the case where another penalty is not 
 imposed, is punishable by a fine double that determined 
 for a first offence ; and every subsequent ofFi-nc.; by aline 
 of two hundred dollars, and in default of immediate pay- 
 ment of the last-mentioned fine, the controvener shall be 
 condemned to six months' imprisonment, and his license 
 shall be annulled. 
 
 Any person who shall violate any one of the provi- 
 sions of the present act, if no fine be otherwise determined 
 for this violation, shall incur a fine of twenty to hity 
 dollars. 
 
 When it shall be established, under oath, before t^yo 
 lusti.vs of the peace or any functionary having the lu"^" 
 diction of two justices of the peace, and to their satisfac- 
 tion that by an excessive use of lutoxieating liquors, a 
 person lavishes or wastes or diminishes his property, or 
 does considerable harm to his health, or compromises or 
 
— 44 — 
 
 trt>Ml)l('s tlu' pcaco and Imjipiiit'ss ol' his fiiiuily. those 
 Justices ol' thf pciMi' or this hi-r.tioimi y shall, unih'r their 
 simiMllU-e, lorhid all person li;iviliL'' a license, to sell, or 
 |):nvi(le with, or uiv^ any intoxii-ating li(|uor to this 
 liei-.()ii, duriii:^' I he spare of a year. 
 
 ll', alter this i>rohihition has l)ee)i niadi', the said 
 ))erson holdinLi' a lieeiise, t>'ives or sells, intoxieatin!>- li- 
 (jiiors to this habitual drunkard, or causes to h.' sold or 
 ^iven. or i)rovides him theivwiih. his person shall ineur 
 a line of twenty to lil'ly dollars lor ;'aeh eotitraveniion. 
 
 I'lvery convieiion of seiond eontraveniion (lurinii' 
 th(> year, to the provisions of sections . and everv 
 
 conviction ol" a third contravention, (luiini>' the yt-ar, to 
 the provisions of sections shall entail the eunlist'u- 
 tion of the license. 
 
 ADULTKIJATION. 
 
 Whosoever shall sell or retail any i'alsified litiuor, 
 containing- mixtures injurious to the health, shall be pu- 
 nished by a line of twenty to fifty dollars. 
 
 The falsified licjuors found belonging- to the seller 
 thereof, shall be seized and coufisi-ated. 
 
 The judgment 8enten(-e shall bo posted up at th(> 
 door of the establishment or residence of the ofl'ender 
 during four weeks at the most. 
 
 Any person who shall have destroyed or lacerated the 
 judgment sentence thus posted up, shall be condemned to 
 a fine of fifty dollars, and to the costs of having the bill 
 restored. Any person who shall ojjpo.se the jjostini.'- up of 
 sui-h judguient text, shall be likewise punished. 
 
 In order to obtain the analysis of any liquor, it shall 
 be allowed any justice ol the peac.', upon a denonciation 
 made before him. under oath, that tln>re is reason to believe 
 that such liquor, adulterated or containing injurious ingre- 
 dient ;. is kept 111 a licensed establishment, to authorize 
 the seizure of this liquor, to have the same, or a sample 
 thereof analyzed by some competent person, and to order 
 the confiscation of the total quantity of the liquor analyzed 
 and declared to be adulterated or containing some inju- 
 
— 45 — 
 
 riouK inurtMliont, ibuiul in the possession or in tin- t'sta- 
 hlishnii'nt of lh>' contmvt'nrr ; and the expenses ociasiou- 
 ed, by this analysis and this coniis-ation shall ron.slitule 
 a part oi' the costs, the payment of whieli this justice of 
 the peace shall liave the ])ovver to imposi' on any person 
 (onvicted; and in all proceedintis instituted under the 
 authority ol the present s-'ction, the proof of the fai t that 
 the li(]Uor wan adulti'vatt>d, or contained any harmful in- 
 f^ri'dient, or iiuit a substance, matter or thiujEf of a harm- 
 ful nature has been fouiul on the premises, shall be a 
 prinid facie evidence t)iat the person in whose possession 
 it shall be fouivd. has knovvin<;ly sold, or offered, or expo- 
 sed for sab', or had this li(|U(>r for sab-, or that this sub- 
 stance, matter or thinir of a harmful luiturc was kept for 
 the purpose of adulteiatinuf the liquor sold or mixint; it 
 tlu'rewith ; })rovidcd always that any person accused of 
 a contravention to the present section, may nnder testi- 
 mony in his own favor, for the purpose of piovini;- that, 
 at the momi'nl of the seizure, the li<iu<ir was found in 
 the same state as it was when i>urchased, that it has nei- 
 ther been adulterated nor mixed with any harmful ingre- 
 dient by himself, or by any other person actintr by his 
 order, and that this substance, matter or thini!:, was not 
 kept for the purpose of adulterating the liquors sold, 
 nor of mixing it therewith. 
 
 Any license inspector may, at all times, examiin- eai h 
 room and each part of this establishment, and take nott' of 
 .all the li((i\ors found therein, ami he may demand, choose 
 ami obtain samples of the lifjuors that may be found iu 
 this hoiiseor this establishment, which samples shall be 
 s 'aled by the inspeitor. in the presence of the licensee or 
 other person to whom the house or the t-stablishment may 
 be confided ; and if the license or other person should 
 desire it, it shall be done so with tlie s(>al of the lie -usee 
 or of that othtu- person ; and, in consideration of payment, 
 or offer of payment for those samples of liquors, the 
 inspector may cause them to be removed for the purpose 
 of analysis or other purposes. 
 
46 
 
 N O T A 
 
 IVhcji I lie /(rtu icill be subiniiicd to 
 the Icgislahirc, it wi// contain here other 
 enactments concerning paunibrokers, 
 auctioneers, pedlars and ferry-men. 
 
47 
 
 § 9. Penalties relative to keqnny; Billiard Tables. 
 
 Any Olio, who kocps for Siti" a billiiird t;il>h>, with- 
 out hiiviii? 11 liii'ust' still in tone to that .'tlfct, us hcreiii- 
 bofor.^ stiit'^.'d, nMulers himself liable to a line of lifty dol- 
 lars for each tablo ko kept by him. 
 
 All sum of money or value paid, furnished or pro- 
 misi'd, diivctly or indirectly, by those who play upon such 
 billiard tid)les, to the keeper of the same, his employes or 
 rt>prosentatives, for so playiuf? on the same, is considered 
 gain within the meaning of the present act. 
 
 F.vory person, holdini? a license for a billiard table, 
 shall cause to be painted or eii'^raved upon such table, in 
 visible and lejrible characters, the number of the license 
 by virtue of which he is authorised to keep such table ; 
 and he shall also cause the said license to be exposed, in a 
 prominent and visible manner in the apartment in which 
 such billiard table is placed. 
 
 Every such person incurs a fine of fifty dollars for 
 each week duiing which he contravenes the provisions 
 of the preceding article ; all persons likewise, who inten- 
 tionally remove, deface or conceal any number so painted 
 or eusraved, incur a like line of lifty dollars for each con- 
 travention. 
 
 It is forbidden any person holding a license for one 
 or more billiard table, to knowingly allow any minor, 
 apprentice, si.-hool boy or servant to play thereon, or any 
 person whomsoever to play thereon for money, under pen- 
 alty of a fine of tv euty to fifty dollars for each cont- 
 vontion. 
 
 SECTION FIFTH. 
 
 HOW AND BKFORE WHAT 'luii. x\Al-S PROSECUTIONS OF 
 ST'OH CONTRAVKNTKfXS SHALL BE BROUGHT. 
 
 § 1. — General Provisions. 
 
 It is the duty of liie collector of provincial revenue, 
 to prosecute at law any contravener to the present act, 
 whenever he has reason to believe that a contravention 
 has been committed, and that such prosecution may be 
 maintained. 
 
 I 
 
.-48 — 
 
 Wh«Mit'V('r the collector of provincial rcvcmio is called 
 upon to institute a prosecution, h<' may exact of the i)cr- 
 son solicitiiiirthc institution dfsuch jirocccdinp-.s, the depo- 
 sit of a reasonable amount to cover costs. 
 
 It is also the duty of the collector of provincial 
 revenue to prosecute the contravi'iitions to the present 
 a't. whenever he is requested to do so by a municipal 
 corporation, and that such corporation has assumed the 
 responsibility i'or the <'osts to be incuired. 
 
 In any municipality where a prohi])itory by-law is 
 in force, or where the I'ouncil thereof prohibits the con- 
 Hrmation of certih<at(>s to obtain liicnses for the sale of 
 intoxicatin<^ liquors, it is the duty of the rouncil of 
 sueh municipality to prose.nte all contraventions to the 
 present act, in wliich case the municipality shall be 
 rt'^jionsible for all ( osts, and shall receive "tlie whole 
 amount of lines c(j|lected for contraventions to the said 
 act. 
 
 The fines and [jenaltii^s, ira|-)0S(>d by the present act 
 or by the reufulations made nnder its authority, and the 
 duties and fees exisrible under the same, shall' be re<'ov- 
 ered in the manner and before the tribunals hereinafter 
 indi<'ated. 
 
 Every prosecution shall be broui^ht in th<^ judi'ial 
 district where the contravention has Ix'eii ronimitted. or 
 in that where the contraveuiiiir pcrsuii resides. If the con- 
 travention has been committed on board a steamboat or 
 other vessel, thi' i)rosccution may be instituted in any ju- 
 dicial district of the Province, and, if the contravention 
 have taken place on tln' borders of two adjact>ut distri<'ts 
 where it is diliii'ult to deti-nnine in which of said dis- 
 tricts the otience has been committed, the prosecution 
 may be instituted in inther of said districts. 
 
 All action or prosecution, where the amount claim- 
 ed does not exceed two hundred dollars, may be option- 
 ally with the prosecutors, broujurht before the Circuit 
 Court, but without any right of evocation therefrom to 
 the Superior Court, or before two Justices of the peace of 
 the Judicial district, or before a Judge of the sessions of 
 the peace or a n>corder, or before a police magistrate or 
 
 I 
 
I 
 
 — 40 — 
 
 before a district magistrate, or before any other officer 
 having the powers of two justices of the peace ; but, if the 
 amount claimed exceed two hundred dollars, this action 
 or prosecution shall be brought before the Superior Court. 
 
 Nevertheless in the districts of Montreal, and of 
 Quebe(;, the said prosecutions shall be brought before 
 a Judge of the sessions of the peace, or a recorder, what- 
 ever be the amount claimed. 
 
 In the vSuperior Court, the service of the summons 
 and of the other proceedings in these prosecutions and 
 actions, is made in the manner provided for suits between 
 lessors and lessees.. 
 
 The service by a bailiif shall be certified under his 
 oath of office, and that made by a constable shall be 
 proved by means of a return, sworn to before a justice of 
 the peace, in the judicial district, or before the court ; 
 before the other courts the services of proceedings and 
 convictions are made in the sane manner, as the service 
 of the summons. 
 
 In all prosecutions under the authority of the present 
 act, before the Circuit Court and the Superior Court, the 
 procedure shall be summary, and be the same, mutadi^ 
 mutandis, tliat prescribed in articles 887 to 889 of the 
 Code of Civil Procedure of Lower Canada. 
 
 On all prosecutions instituted before two justices of 
 the peace, a judge of the scissions of the peace, a recorder, 
 a police or district magistrate, the provisions of chapter 
 178 of the revised statutes of Canada and its amendments 
 shall be followed. Nevertheless, it shall not be required 
 that the complaint or denunciation be upheld by an 
 affidavit when there shall be question of emanating a 
 summons only, 
 
 § 2. — In whose name prosecnlions are institnted, and the 
 procedure thereon. 
 
 The actions or prosecutions for contraventions of the 
 present act are brought, in the name of the collector of pro- 
 vincial revenue for the district in which thw oiience has 
 been committed. 
 
— so- 
 rt is not necessary to allege, in the declaration, 
 information, complaint or .summons, negative facts, nor 
 any facts which devolve u])on the defendant to prove. 
 
 Several cases of contravention committed by the 
 same person, may be cumulated in one and the same de- 
 claration, information, complaint or summons, provided 
 that such declaration, information, complaint or summons 
 contain a specifii- statement of the time and place of 
 each contravention ; and, in such case, the forms indicated 
 by the present law shall be modified, mutatis mutandis ; 
 but no further additional fees shall be allowed to the 
 attorneys, than if there had been only one offence. 
 
 But if the i^rosecution be br ught before a tribunal, 
 other than the Circuit Court or the Superior Court, the 
 amount of the fine shall never exceed, on the same 
 prosecution, two hundred dollars, notwithstanding the 
 number of offences. This provision does not apply to the 
 district of Montreal, nor to the district of Quebec. 
 
 Before every tribunal, except the Superior Court and 
 Circuit Court where the ordinary rules of procedure, in 
 reference to amendments prevail, any declaration, inform- 
 ation, complaint or summons may, on application of the 
 prosecutor, to that effect, be amended in substance or in 
 form, without costs. 
 
 Upon siich amendment, the defendant may obtain a 
 further delay, in which to make his defence and proof. 
 
 Any married man living and residing with his wife, 
 when any contravention of this law is committed by her, 
 whether she is a public trader or )iot, may be prosecuted 
 and convicted, in the same manner, as if he himself had 
 been guilty*of the contravention. 
 
 In every prosecution, under the present act, before 
 any tribunal other than the Superior Court or Circuit 
 Court, in which courts the ordinary rules of procedure as 
 to the taking of evidence prevail, the tribunal may sum- 
 mon before it, any person represented to it as a material 
 witness therein, without it being necessary to affirm 
 under oath, that this person is an essential witness, or 
 that the opponent has reason to believe that he will not 
 appear without a subpo3na to that effect; and, if such 
 person refuse or neglect to attend on such summons, the 
 
 -i * 
 
— 51 — 
 
 tribunal, if from the circumstances of the case, is of 
 opinion that the witness refuses to appear, that thereby 
 to defeat the ends of justice, may issue a warrant for the 
 arrest of such person ; and, thereupon, the witness shall 
 be brought before the tribunal, and if he refuse to be 
 sworn, or to affirm or to answer any question touching 
 the case, h3 may be committed to the common jail, 
 there to remain, until he consent to be sworn or to affirm, 
 and to answer. 
 
 i * 
 
 If, in addition to the case mentioned in the pre- 
 ceding article, a person summoned as a witness, to 
 give evidence before a tribunal, touching any of the 
 matters relative to the present act, neglect or refuse to 
 appear at the time and place appointed for that purpose, 
 without reasonable excuse, and in respect of the reason- 
 ableness of which excuse, the tribunal charged with the 
 prosecution shall decide, or appearing, refuse to be. 
 examined or to give evidence upon oath, shall incur, for 
 such neglect or refusal, a penalty not exceeding forty dol- 
 lars, even though the prosecution may have terminated, 
 without his having appeared or given evidence. 
 
 Upon the demand of either party, the tribunal may, 
 at its discretion, receive and cause to be taken in writing, 
 the depositions of the witnesses then and there present, 
 and postpone the trial to a further day which is appointed 
 for that purpose. 
 
 Every pe' .ther than the defendant, summoned 
 
 or examined js -a witness in any prosecution brought 
 under the present act, is bound to answer all questions 
 put to him, which are pertinent to the issue, notwith- 
 standing any declaration on his part, that his answers 
 may disclose facts tending to subject him to any penalty 
 imposed by the present act ; but such evidence shall not 
 be used against him in any prosecution. 
 
 No defendant shall be examined as a witness, in any 
 prosecution under the present act. 
 
 In prosecutions for the sale, without license, of in- 
 toxicating liquors, it shall not be necessary to give the 
 precise description of the liquor .sold, nor shall it be 
 necessary to state the quantity of liquor sold, except in 
 the case of offences where the quantity is essential to 
 

 constitute the otH'iiic, mid then it shall bo sutiicient to 
 allege the sale of more or less than such quantity. 
 
 The rigorous precision of the (Into mentioned in 
 the complaint is not necessary in the proof to justify a 
 conviction. It is sufficient to prove th.,t such contra- 
 vention was committed on or about the time mentioned. 
 
 The production of the license constitutes sufficient 
 evidence of the payment of the duty thereon, unless the 
 party prosecuting proves that the duty has not been paid, 
 in which ease the license, obtained without such pay- 
 ment, is deemed to be invalid. 
 
 In an action or prosecution against a defendant ac- 
 cused of having carried on, without a license, the 
 business of an auctioneer, the following are reputed ;«7'«m 
 facie evidence of the auclion sale : 
 
 1. The fact of having placed publicly, to be bid upon, 
 any article, merchandize, or ])roperty moveable or im- 
 movtMble, before an assemblage of persons in order to 
 induce them, or any number of them, to purchase the 
 same ; 
 
 2. The publishing in any newspaper or hand-bill, of 
 a notice of an auction sale, by defendant ; 
 
 ;}. The exhibiting to view, in, on, or near his house 
 or depend(,'ncies, of any sign, printed matter, painting or 
 writing, indicating, or of a nature to indicate, that he is 
 desirous of acting as an auctioneer, or the fact that such 
 have been exhibited with his knowledge or consent. 
 
 The proof that a person exhibits, or exposes to view, 
 or permits that there should be exposed to view, in, 
 on, or near a house or its dependencies, belonging to, or 
 occujiied by him, uiiy sign, painting, writing, or printed 
 matter, indicating, or tending to indicate that a billiard 
 table is kept in such a house, or its dependencies, is prhnd 
 Jade evidence, that such person keeps a billiard table for 
 gain. 
 
 The ])roof that a billiard table is kept in an hotel, 
 temperance hotel, bullet or restaurant is held to estab- 
 lish that such table is thus kept for gain. 
 
53 
 
 § H. — Judgments. 
 
 When a prosecution, instituted under the authority 
 of the present act, has been brought before two justices of 
 the peace, judgment may be pronounced by one of them 
 in the absence of the other, provided that such judgment 
 be reduced to writing, and signed by both justices of the 
 peace. 
 
 Whenever a prosecution has been brought before two 
 justices of the peace, and they fail to agree on the judg- 
 ment to be rendered, either of such justices of the peace 
 may sign a certificate to that elfert. and transmit it to the 
 collector of provincial revenue, who, thereupon, may insti- 
 tute a new action for the same contravention. 
 
 In default of payment of any fine imposed, and of any 
 sum claimed under the present act, the contravening person 
 condemned to pay the same shall be imprisoned, and 
 detained in the common gaol during the period of three 
 months if it be a first offence, and six months in case of 
 any subsequent offence, unless another period oi deten- 
 tion be prescribed. 
 
 In the cases mentioned in the two preceding articles, 
 and in all other cases wherein a similar legal provision 
 exists, every judgment or conviction, fihall contain a con- 
 demnation of the defendant to such imprisonment. 
 
 § 4. — Provisions respecting costs. 
 
 1. In all prosecutions or actions brought before the 
 Circuit Court, the fees of the clerk of such court, of the 
 attorney and of the bailiff shall be the same as those 
 which are now allowed in the tariff of fees for the class 
 of actions of forty doUars and under, but above twenty- 
 five dollars. . , . , r ^i 
 
 2. In all prosecutions or actions brought betore tlie 
 Superior Court, the fees of the prothonotary of the attorney 
 and of the bailiff, shall be those w^hich are now allowed 
 in the tariff of fees for the class of actions in the Circuit 
 Court of sixty dollars and over, but not exceeding eighty 
 
 dollars. . ^. xt. r ii • 
 
 3. In all other prosecutions or actions the iollowmg 
 
 fees shall be allowed : 
 
54 — 
 
 a. To the clerks : 
 
 For original summons $0 20 
 
 " each copy of do 10 
 
 " original isi;bp(rna 15 
 
 " each copy of do 10 
 
 " original warrant 30 
 
 " each copy of do 10 
 
 " original bail-bond 30 
 
 " each copy of do 10 
 
 " warrant of seizure and sale 30 
 
 commitment 30 
 
 " each witness sworn 10 
 
 " drawing up every deposition 30 
 
 " minutes of proceedings in each case 50 
 
 " conviction 30 
 
 '■ copy of conviction 20 
 
 " bill of costs 20 
 
 " certificate of taxation 10 
 
 h. To the bailiff, peace officer or constable : — 
 
 For the service of any summons warrant, subpcBna 
 
 or order and return $0 30 
 
 " each mile travelled to serve the same (no allow- 
 ance for mileage in returning) 20 
 
 " every arrest, exclusive of mileage 1 00 
 
 " seizure and sale under warrant, including 
 
 publication, but exclusive of mileage 1 50 
 
 " seizure only, not followed by sale t6 
 
 r, To the attorney : — 
 
 When no witnesses are examined $5 00 
 
 " witnesses are examined 8 00 
 
 d. Witnesses shall be allowed one dollar p ly, 
 and ten cents for each mile travelled by them to end 
 the court, when they reside more than five miles from the 
 place where the court is held. 
 
 4. In each case, such fuither and other fees, as are not 
 provided for in the above tariff', shall be allowed the pro- 
 thonotary, ch'rk of the Circuit Court, to any other clerk, 
 bailiff, constable or attorney as shall be taxed at the dis- 
 cretion of the court, tribunal or functionary, before whom 
 the prosecution or action is brought or heard ; and when 
 
— 55 — 
 
 so taxed, such additional foos shall be as- legal and valid 
 as if they were specially tMiuraerated in the above lists. 
 
 No fee shall be paid for any summons or warrants, 
 issued by a justic^e of the peace, in conformity with the 
 present act, when the same has reference to goods pawned. 
 
 No costs shall be adjudged against the collector of 
 provincial revenue, in any acition or prosecution institiTt- 
 ed under the present act ; but, on the recommendation 
 of the tribunal, or of the collector of provincial revenue, 
 the provincial treasurer may, at his discretion, pay to the 
 person, in favor of whom judgment has been pronounced 
 against the collector or provincial revenue, the costs or 
 indemnity to which he may deem such person equitably 
 entitled. 
 
 § 5. — Provisions respecting the execution of judgments 
 
 In default of immediate payment of the fine and 
 costs, the prosecutor may, upon the rendering of the judg- 
 ment or conviction, or at any time during the delay, if any, 
 granted to the defendant, make option whether the defen- 
 dant shall be first imprisoned for the time mentioned in 
 the judgment or conviction, or shall be first proceeded 
 against by seizure. 
 
 In the latter case, the amount of such fine and costs 
 is levied by a warrant of seizure and sale of the move- 
 able efFects of the defendant ; in default of moveables 
 and effects, or, in case they should be insufficient the 
 defendant shall be imprisoned; but, in either case, he 
 may be discharged from imprisonment, by paying the 
 fine in full, and all costs incurred at the time of the 
 conviction and subsequent costs. 
 
 Except, in the case of full payment as aforesaid, no 
 defendant, imprisoned in virtue of any provision of the 
 present act, shall be liberated on the ground of any defect 
 of form in the warrant of commitment, nor without due 
 notice given to the prosecutor, nor shall any partial pay- 
 ment affect or modify the terms of the judgment pro- 
 nounced against him, in so far as imprisonment is con- 
 cerned. 
 
 Any one knowing or having reason to believe that 
 a commitment has been issued against any person under 
 
— r)6 — 
 
 the prosont act, who provents tho arrost of tho d.-fondant, 
 or bv any art ..r .cmiisol, or in any otluT numn.T what- 
 soever, procures tor the defondant tlR' means ot or faci- 
 litates his avoiding arrest, is liable ol a (me ol forty dol- 
 lars. 
 
 The execution of a judLnnent, rendered in the Supe- 
 rior Court, or in the Cir.-uit Ccurl . may take place on the . 
 expiration of the two days, from the- date ol su.-h )udg- 
 ment. 
 
 In the case where contriiinte par corps is had recourse 
 to in the said Superior or Circuit Court, it is -rant.d by 
 one of the judo-.s of tho Superior Court, or by the protho- 
 notarv of tiu' said .ourt, or by the clerk o the Circui 
 Court", on a summary petition, alleginc? that the delendant 
 has not paid the tolal line, or the amount .laimed, and the 
 costs of the prosecution. 
 
 It is not nec^ssary that the deft>ndaut should be noti- 
 hed of the presentation of siich petition. 
 
 Each term of imprisonment, under the present act, 
 reckoned from the date of incarceration. 
 
 If the conviction be for having sold, or allowed to be 
 sold, intoxicating liipwrs on board of any steainboat or 
 other vessel, without the requisite license, the line and 
 costs may be equally levied, by seizure and sale ol the 
 tackle and furniture of the steamboat or vessel, on t)oartl 
 ofwhich such liquors have been sold. 
 
 If the conviction be for having kept a billiard table 
 without license, or for any contravention to articles 
 of th(^ present a.H, the hue and costs may be levied by 
 means of seizuiv and sale of any billiard table, in pos- 
 session of the defendant at the time of the rend(>ring the 
 judgment, whether the defendant ])e or be not the pro- 
 prietor thereof. 
 
 The tribunal may, in its discretion, in case the fine 
 and CO ts should not be immediat.'ly paid, fix an ulterior 
 dav for paynuMit, and order that the defendant be placed 
 ill custody, unless he binds hims-lf with se.'urities, to the 
 satisfaction of the said tribunal, (which is hereby autho- 
 rized to take the security under the lorm ot an obli- 
 .ration or otherwise, as it may deem fit,) to appear on the 
 
— 5*7- 
 
 dav fixed, and, if on th. day appointed, thn f.no and 
 coL should not h. paid, th. rcnnplainnnt may make h.s 
 option and th. defendant shall be dealt with m accord- 
 ance with article of the present act. 
 
 When a married woman shall have beeii convicted 
 in an action instituted under the authority of the present 
 act, the complainant may exercise the option whether to 
 proceed by seizure and sale either a-ainst the goo.ls ol the 
 married woman, or of her husband ; and, moreover, m 
 ca e the ^oods of one of them should be tound msullu.eii , 
 then against the property of the other, provided they habi- 
 tually live together. 
 
 On the condemnation of one member of a co-partner- 
 ship under the authority of the present act, the riffht oi 
 hi prosecutor to proceed by seizure and sale, may, m case 
 the goods and effects of the defendant should be found insuf- 
 licient, be exercised against the goods and eflects of he 
 co-partnership, found on the premises where the contra- 
 veution has been committed. 
 
 § 6. Recourse by Certiorari. 
 
 Unless that within forty-eight hour, after conviction 
 iud-ment, or order in any action or prosecution, instituted 
 undeTthe present act, the defendant deposits, m the hands 
 of the ^le k of the justices of the peace or of the court 
 which has rendered the judgment, the ^f--^-^^l.^['\l 
 fine and all costs, and a further sum ot fifty dollars, to 
 secure the payment of su.-h costs as may be subsequently 
 incurred, no action, prosecution, conviction judgment or 
 order sh ill be taken by certiorari to any other court, and 
 rdefault of complying with these requirements, the 
 notice of application for certiorari shall not suspend, 
 Retard nor affect the execution of such conviction, judg- 
 
 "''''o'^Thtftribunal or judge, to which such application 
 is made, shall dispose of the same upon the merits, not- 
 wi?hsHndin<v any variance, between the information and 
 
 .e inWclfen. Ir of any defect in form or substance 
 therein, provided, it appears by such conviction, that the 
 same was made for an otfence against some provision of 
 
 il pivsent act, by two justices of the peace, a record*. r, a 
 poliJe magistrate, a district magistrate or a J^fs; / t^«. 
 sessions of the peace within the limits of their .pins- 
 
— 58 — 
 
 diction, and it fnrthor appoars from such conviction, 
 tliiit the app"opriatc peuiilty or punishment for 8uch 
 offence was intended to be then-by adjudged; and, in 
 all cases, where it appears that the merits have been 
 tried, and that the conviction is valid under this act, 
 such conviction shall not be quashed, and, in case the 
 original record is before the tribunal or judge, it shall be 
 remitted to the court below. 
 
 3. There is no appeal, from such convic^tion, judg- 
 ment order, to any court of sessions of the peace or Queen's 
 Bench. 
 
 The certiorari mentioned in the preceding provisions, 
 shall not hinder the execution of a sentence, against a 
 person condemned for second offences unless a deposit of 
 two hundred dollars be immediately plac(>d in the hands 
 of the collector of :)rovincial revenue; and this deposit 
 shall belong to the crown, if the conviction is not invali- 
 dated. 
 
 4. Any person, applying for a writ of prohibition in 
 reference to anything done or sought to be done under 
 this act, shall previously deposit with the prothono- 
 tary of the court, before which the application is made, 
 the sum of thirty dollars, to secure the payment of the 
 costs of the adverse party in case the petition should be 
 dismised. 
 
 § 7. Collection of duties and application of fines. 
 
 All duties, levied under the present act, shall be paid 
 by the collector of provincial revenue and all other func- 
 tionaries charged with their collection, under the sarue 
 authority, to the provincial treasurer, and shall form part 
 of the consolidated revenue fund, and any proportion 
 thereof may be applied, from time to time, by ihe Lieu- 
 tenant Governor in Council, under the direction of the 
 provincial treasurer, to the payment of all expenses incur- 
 red for the carrying out of the present act, and the costs 
 incurred in actions instituted for contraventions of the 
 same. 
 
 When the prosecution is instituted by the collector 
 of provincial revenue and in his name, the fine recovered 
 shall be applied in the following manner, viz : 
 
 1. If the full amount of fine and costs have been 
 levied, one half of the fine belongs to the collector of pro- 
 vincial revenue, he being obliged to pay one half of such 
 
— 59 — 
 
 half to 'he informer, (if there be nut'), uixd thi' bahmce is 
 remitiod to the provaui mi treasurer to form part of the 
 .-Oil* 1 revenue fund. . , ■ r n .u 
 
 II \Hf' Kne and costs have not been paid m tull, the 
 •mciiwt levied is applied, in the iirst instance, to the pay- 
 ment of ooBtB, and the bahmce is divided between the 
 collector of provincial revenue the informer (ii there bo 
 one), and the provincial treasurer in the proportions men- 
 tioned in the preceding paragraph. 
 
 The preceding distribution does not apply to fines 
 levied, ur.der section for contraventions of this act 
 
 in the' City of Montreal; such fines shall be applied in 
 che following manner, viz : , • r n 
 
 1. If the fine and costs have been recovered in lull, 
 fifteen dollars thereof belong to the informer, alike amount 
 to the collector of provincial revenue, and the balance to 
 the provincial treasurer; ,. ,i ,. 
 
 2. If the fine and costs have not been paid in tail, the 
 amount levied shall be applied, in the first instance, to 
 the payment of costs and the balance divided in the last- 
 named proportion. 
 
 The fine and costs, or the amount levied, are payable 
 into the hands of the collector of provincial revenue for 
 the district, who shall, without delay, apply, divide and 
 apportion the amount recovered, in the manner prescribed 
 by the foregoing articles. 
 
 No fine, incurred under the authority of the present 
 act, shall be remitted, except by and with the authori- 
 zation of the Lieutenant Governor in council. 
 
 Every clerk of the peace, of the justices of the peace, 
 of the recorder, and of the district ( police magis- 
 trates, of the judge of the sessions of the peace, and 
 the prothonotary of the Superior Court and the clerk 
 of the Circuit Court, shall, daring the months of April 
 and October, of each year, transmit, under a penalty 
 of one dollar for each day during wliich the same is 
 wilfully neglected, (such penalty to be recovered in 
 the same manner as is provided by this act for the 
 recovery of penalties) to the provincial treasurer a state- 
 ment of all prosecutions instituted under the present act 
 which have been brought before them and adjudicated 
 upon, during the six months ending on the thirty first 
 
— 60 — 
 
 (lay of March and the thirtictli day of Soptombcr, rospec- 
 tivrly, and such Ktati'inoiit shall niontioii th*; names of the 
 jndfrt's or (he inairistnit.'H hclorc whom each case has been 
 tried, the name of each (h'feiidant. the date of every judi?- 
 ment. and the amount of fine or other condemnation in 
 each case. 
 
 ^ 8. — Addilional provisions respedinf^ fines. 
 
 Unless otherwise provided, every prosecution against 
 an auctioneer or a |ia\viihrok<'r, under the present act, 
 shall be instituted within three months, and all others 
 within two months of the contrav -nlion. 
 
 No action shall be maintained against a collector of 
 provincial revenue, b' l•eil^on of his official acts, unless it 
 shall have been iiislituted ' ithin three months from the 
 date of the act which gave rise to it. 
 
 Under a plea of the general issue, the collector of 
 provincial revenue may prove all facts of a nature to 
 establish a special defence, in the same manner as if he 
 had jilcaded the ame. On dismissal or discontinuance of 
 the complaint or action, the defendant is entitled to a 
 condemnation for costs in his favor against the adverse 
 party 
 
 If the judgment be rendered in favor of such party, 
 and if the tribunal certify that the defendant had reason- 
 al)le grounds to justify his ])roceedings, the plaintilF has 
 no right to costs, and shall only recover nominal damages. 
 
 § 9. — Additional duties and privileges of collectors of 
 pronincial recenue. 
 
 There hliall ])e published a classified list of all per- 
 sons having obtained licenses under the present act, by 
 the ditferent collectors of provincial revenue, once a year 
 or more frequently, at the periods, and in the newspapers 
 indi(;ated by the treasurer. 
 
 Every collector of provincial revenue, and every 
 other functionary receiving public monies, is account- 
 able for, and shall pay and account for to the provincial 
 treasurer into whose hands he shall pay, at the periods 
 and in the manner ordered by the latter, all sums of 
 
— HI— . 
 
 money which ho Khali have levied arisinj? from the 
 duties imi){>sed by the pn'sent act, as well an tor all othci 
 KUins of money, which the luv^r oblijreis him to pay to th«> 
 said treasurer, which belong to the provincial revent 
 and form part thereof. 
 
 In renderiucc his accounts to the provincial treasurer, 
 the collector of provincial revenue shall transmit, in 
 additioji to the information which he shall be ordered to 
 •rive, a statement showing the sums received by him for 
 duties on auction sales, and the number of licenses he shall 
 have issvied 
 
 With the cons(!ut and approval of the provincial 
 treasurer, each collector of provincial revenue may ap- 
 j)oiut one or more deputies for the performance of his 
 duiies, under the present act or any other law, and such 
 deputies, as well as the colle(;tor of provincial revenue, 
 shall take and subscribe to the oath recjuired by article 
 10 of the treasury law in the manner therein prescribed 
 
 An additional indemnity of one hundred dollars, 
 annually, may be grunted by the laeiiu lant Governor in 
 (Council, to any collector of prov' u-ial rev-nue, for travel- 
 ling expenses, in addition to his ordinary diary. 
 
 i 
 
 § 10. — Final Piuvmons. 
 
 All provisions of the Municipal Code of the Prov- 
 ince of Quebtir, whereby any municipalities are empow- 
 ered to regulate the storage or gunpow^der, or any other 
 matter, shall apply only, in so far as such sto^.ige, or such 
 other matter is not, or shall not, at any time hereafter, be 
 regulated by the present act or by any regulations made 
 in virtue thereof. 
 
 The provincial treasurer, whenever he shall deem it 
 conducive to the better administration and carrying out 
 of the revenue laws, may, from time to time, at the public 
 expense, cause to be prepared, printed and distributed, 
 in the English and French languages, or in either, and 
 in such numbers and maimer as he may see fit. pamphlets 
 containing the present act, the iugulations of the Lieu- 
 
ti /' 
 
 iin. 
 
 — 62 — 
 
 tenant Grovcrnor in Council, and instructions from the 
 treasury department as he may deem desirable. 
 
 But such pamphlets shall be deemed to be printed 
 for public convenience only, and nothing contained 
 therein shall prevail against the regularly promulgated 
 versions of the law or the meaning or construction thereof. 
 
 NOT A, — The schedules are here omitted. 
 
A.