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OFKENCKS 
 
 I'NDKK 
 
 *'THE LIQUOR LICKNSH ACT" 
 
 K. S. O. iHqt. Chap, m- 
 
OFFENCES 
 
 INUKU 
 
 "The Li(|«(ir License Act' 
 
 K. S. O. iSg7, Chap. 243 
 
 ALSO A 
 
 LIST oi' i)i:cini:n casks thhrkon 
 
 COMPII.Kn AM) ARRANt.Kn I OK THK ASSISTANCE OF MAtllSTKATKS 
 
 Jl'STICES, AND COrXSKI. ENOAGKO IN THE PROSIX I'TION 
 
 OF SUCH OFFENCES 
 
 BV 
 
 (;i<:ORGK KRKDKRICK JKLFS 
 
 Hafrixfft^ot./Mu ,i,i,/ /'i./in- Afi,f;istr„l,- i.f tin- Cilv of Hamilton 
 
 TORONTO : 
 
 Thk lORONIO l,AU BtH)K & l>( KLISHINti Co 
 
V 
 
 Eo.c.r«l according .o Ac. of Farli-men, of Canada, in .h. ,e-r -M- I'V Th« Toronto Law Itook and 
 FuWUhinK Company. Limilt-d. <n the offic* of th« Minintur of AKficuliure. 
 
 UWlVEKSiTY 
 OF ALBERTA UBRAR'r 
 
r 
 
 PRKFACi:. 
 
 NO single Act ill our Statutes exccptiiif? the Criiniiuil Code con- 
 tains so many penal oft'ences as The Iji(|uoi' IJi;enso Act. 
 Nearly one hundred distinct charges can Iw hild under It. No 
 apology therefore should bt; required for ot!*erlng t«) the public a 
 work which treats exclusively thereon. It may also be said of . iis 
 Act that no other, excepting the Municipal Act, is more the rrsnit 
 of fiagmentary or piecemeal legislation. The ( Mitario Statutes have 
 lately been revised but there has been no rearrangement or method- 
 ical relative classification of the sections of said Act. The conse- 
 (luence is that it remains <'unusally complex and difHcult" and it 
 would not be surprising if important sections are overlooked and in 
 many instances the law improperly administered owing to this fact. 
 Vou can find time to study the provisions relating to the application 
 for licenses, etc., and if you have not mastered the details, the con- 
 sequence cannot be serious, but it is important that every ^lagistrate 
 and Justice, as well as Coimsel engaged in the prosecution of ofllcnces, 
 should have a thorough knowledge of the law, practice and pro- 
 cedure under The Liquor License Act, or a means available for im- 
 mediately and easily acquiring such knowledge. 
 
 This work is divided into four parts. The first deals with "un- 
 licensed premises': the second with "licensed piemises": the third 
 with the "prohibitory clauses,*' and the fourth with the "misceUan- 
 eous provisions" which affect licensed houses and license holders 
 generally. In arranging the sections, those relating to each other 
 have been brought together, but where, without interfering with 
 this object, some alphabetical order of the capitularies could be 
 arranged, this course has been followed. There are scattered 
 throughout the Act several sections making certain facts or circum- 
 stances prima facie or presumptive evidence, but in this work they 
 are arranged to follow the sections describing the offences to which 
 thev are directed. 
 
Thf iwniiltloH iiii|)OMo<l ill ri'MfH'ct of niany olToiieoH aro oimctoil 
 in oHhm' cIiuim««h in tho Act and often piOMont noino dirtlciilty in «m. 
 t'ortaininK tho lino, otc, to \yo iin|)OHod. In thin work tho ponaltioH 
 ini|Kwod in io»fjiid to oacli H«>ctloii, if not cm»Kxlii'd in tho Hcctlon, 
 aro printed iinniodiatoiy l>oIow. 
 
 What cannot fail to bo of H|M»cial iidvantaRo in thiH work Im tho 
 llHt of caMOM HO arraiiKJ'd that all (Canadian caMOM bearing on any 
 Miction are noted Im>Iow It. 
 
 Ah tho pro<;odiire under tho Dominion Acts in for(!0 (hoc 
 (Viminal Code l»art I.VIII.) Kovernn tho procedure under The Liquor 
 LiceiiHo Act there have been many <lecidod canon boarinK on tho 
 "/ntonmifinn, StimmoHM and /'nnH/ine h-foff ./uMtireM," and under thin 
 heading (No. 71 Part IV.) you will Hnd them noted. 
 
 Ah an ap|)endix, following tho Hchodulo of forniH, there is added 
 "Tho Act resiKJcting tho Legal Meaning of KxpresHloim relative to 
 Time" K.S.C>. 1H97, c. 141: "The Act mspecting the Sale of Patent 
 nnd other Mcdlcinen, and of Alcohol for tho purpows of the ArtH and 
 Manufiicturos." 61 Vic. c. HO. Also a Uirltl of tho fees chargeable 
 by .lustlcoH and Constables. 
 
 O. F. J. 
 
 \ 
 
 'I 
 
 ' *^*.'*»\ 
 
 >*> 
 
TABLH OF CASKS. 
 
 Au«lin V. PiiviH, «)H. 
 
 Arkult V. Town of Si. Tlioiimti, in »•.•, Hi. 
 
 H 
 
 Halli V. WhiU', .V 
 
 Hnrrelt, »'»» ff, i.V 
 
 Hoiul V. I'oiimee. ^.v 
 
 Howio V. tiilmoiir, 47. 
 
 Hriulie v. I'urpornlion of Bowiitunvillc, 
 
 «M r«', Hi. 
 HriKliI V. City of Toronto, 14. 
 Hrowit V. WhIIiuo, in n, 57. 
 
 c 
 
 Clelnnil v. Robinson, ^5 
 Cornwall v. The y>'««-'"». S7> '»"• 
 Crane v, llunl «i \Va|HT, 71. 
 Crnwforil v. Realtie, 70. 
 Crot»» V. WatlH, 5. 
 
 Duncan v. nowiing, 10. 
 
 Fell V. KniKlit, 30- 
 Fraiter v. Kni'oil, in re,bx. 
 
 CuMiimill V. Oarlaiul, 57, O7. 
 Cileaiton v. Williams, 6H. 
 
 H 
 
 Harris v. Johnston, 68. 
 lloJge V. The »J"e»-'". 81, Sj. 
 
 J 
 
 Jackson v. Kassel, 57. 
 
 L 
 
 Livingstone, in re,^\. 
 
 Mc 
 
 McAlpinc V. Township of Eupheinia, 50. 
 McLean v. Dunn. 5. 
 
 M 
 
 Magill V. License Com'rs of Brantford, 81. 
 Marshall v. Fox, 25. 
 Morgan v. Ravey, 30. 
 
 N 
 
 NtfWcoinh« V. Aiulerxon, v'- 
 N'i'winait V. Karl of llartlwicW*", 51. 
 .N'orlluoU- V. Mnmki'r, 57, <iH. 
 
 K 
 
 R«eil V. McWhinnii*, 57. <>.). (m). 
 Rotu'iis V. i'limie, Hi. 
 Ry«r V. Plows, in w, hj. 
 R. V. Alexanili'r, 4H. 
 V. All* ight, (II, (>3. 
 V. A I ward, 70. 
 V. Aii'l'rose, 5. 
 V. Austin, 17. 
 V. Rclinont, Hi. 
 V. Henneli, 1. f>.v 7°' 7'- 
 V. Mlack, 50, 7H, H3, 84. 
 V. Hlakfly, Hi, 
 V. Huardmaii, di. 
 V. Brady, 4, 63> 7*'' 
 V. Breen, 3, 5, «, fP, (m,. 
 V. Brown, Hi. 
 V. Cainphell, H. 
 V. Cantillon (13. 
 V. Cavannah, 50, 63, 70. 
 V. Charles, 3, iq. 
 V. Clarke, 57, 63. ^4. 7"» 7«> 7**- 
 V. Cunerty, 31), 57- 
 V. Denham, i(>, yh 47» ^7' 
 V. Doyle, 4, 11. 
 V. Duquette, 50. 
 
 V. Durnion, 71. 
 
 V. Kdgar, 63, 7 ' • *'4- 
 
 V. Klborne, 16. 
 V. Kli, 71, 
 
 V. Klliotl,64. 
 
 V. Farrell, Hi. 
 
 V. Faulkner, 39, 47- 
 
 V. F'earman, H6. 
 
 V. Fee, 50, 86. 
 
 V. Ferguson, 71. 
 
 V. Firmin, 57. 
 
 V. Flynn, 25. 28. 
 
 V. Frauley, 63, 83. 
 
 V. French, 50, 83, 84. 
 
 V. Gordon, 71, 73- 
 
 V. Goulais, 71. 
 
VIII. 
 
 TAHI.K OK i .\«iFS 
 
 K 
 
 K. V. (irNlmU, J5, 
 V. CiniinK r, SI. .V». 
 V. i'lriiiii, ,»7, 71, Hj. 
 V. tiri>i*ii, o^, 71. 
 *. i'liillv, 7j. 
 V, llallitiKy, 41), 
 V. Iluillry, ».), I17, 71, 7H, M4. 
 \. Ilnxcti, «>j, 7H, H>. 
 
 V. Ill'll'tfl'llllll, I I, 
 
 V. MihIki*, I I. 
 
 V. lliul^iiiH, (I), 
 
 V. iltiKK'i'd, I, ,v>. 51. 
 
 V. Ilin>«lli«><i, 57. 
 
 V. Howard, q, 
 
 V. I lushes, II, II), io, 
 
 V. Iliintloy, 4. 
 
 V. IvtMIN, JO, 
 
 V. JohiiHon, 57, 51). 
 
 V. KiiiK, I, i», »M). 
 
 V. Klt'iit|t, 71. 
 
 V. Kemifily, «ij, 64, 71, H4, 
 
 V. Lake, 57. 
 
 V. I.i<wrt>iu-t>, 87, 
 
 V. l.tiKfan, 7H. 
 
 V. I.iiko, (ij. 
 
 V. I.yiuh, 57, 78. 
 
 V. Maikcn/io, 6,v 
 
 V. Malu'o, 61, 71. 
 
 V. Marl in, 81. 
 
 V. .Menary, 6j, 71, 78. 
 
 V. MiCay, id. 
 
 V. McCarthy, 70. 
 
 V. Mi-nonald, 1. 
 
 V. Mrliarry, 11. 
 
 V. MrCiowan, 73. 
 
 V. MiCirc'Kor, i), 86, 
 
 V. MiWhiiinii., 1, yj, 47. 
 
 V. l>»ll'., 81. 
 
 V, Palmer, 1. 
 
 V. Parlce, 50. 
 
 V. Poller, 8, 10. 
 
 V. Kaiitsay, 71. 
 
 V. Kitliardson, j, 57, 63, 67. 
 
 V. Roddy, 59, 86. 
 
 K. V. 
 
 V. 
 V. 
 V. 
 V. 
 V. 
 V, 
 V. 
 V. 
 V. 
 
 \. 
 
 V. 
 V. 
 V. 
 
 V. 
 V. 
 V. 
 V. 
 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 
 Ko«tw«ll, 50, M4, 
 K«H«, 70. 
 Kowliii, 64. 
 Kyaii, 71. 
 SMiiiu|<*rMin, lij, 
 
 SiOII, 40, 4;, ,y. 
 
 Slaliery, j, uf, 
 
 Sloan, 1 , 
 
 Smiili, h I, 78, M4. 
 
 Snidfi, I. 
 
 Soiiiliwitk, 50, 54, 78. 
 
 Sparliitni, 78, 
 
 .SpuMili', 71 . 
 
 Siairitrd, I 
 
 Slrailian. 1, j.,, 71, ;8, «(,. 
 
 Sliiarl, J5, 
 
 Sill Ion, I, J, 5, 71, 
 
 Taylor, 71. 
 
 Toll, 10. 
 
 V'ilU'nvi'iivc, J4 
 
 Wallitci*. 03, 84. 
 
 Walnh, 50, 57. 
 
 WVsilttko, I. 
 
 While, 50. 
 
 WillianiM, q, 
 
 WriRlit. 64. 
 
 VouiiK, I J, 50, 57, 63. 
 
 Snoll and Corponilion of Relleville, in re, 
 8 1 . 
 
 SlonoHs V. Lake, 70. 
 
 SirauHH, V. Coiinly Hotel Co., j. 
 
 r 
 
 Thornley v. Reiily, 68. 
 
 w 
 
 Walls it Emery, /// re, 57, 71. 
 Westbroke v. Wheeler, 6tf. 
 Wilson V. Ciraybiel, 63, 
 Wilson & VJuarter Session of Huron, re 
 57. 67. 
 
 z 
 
 Zickrick, in re ji. 
 
 (Thf itgurcH denote tlie ilauicK mimbcrcd coii.fcutivcly.) 
 
TAHI.I-: Ol CONTKNTS. 
 
 IVxui I. 
 
 I Mil i:nski» i'ukmisi:s. 
 
 
 t, Silli* willioiit luriiM'. (<•■ 7il 
 i. I*rt<*iin)|iii\i> «>vitli'ni'i> ttC iinliiwliil 
 nnlvn. Inn. II.), Ill) 
 
 ,). KcopiitK fur "nil' wllluml tit'oiiti*. 
 (». 50 1 
 
 4. I*ri><iuiii|)livi* i*viil«*iit't> t»r Miilawfiil 
 kt>t>|iinK. (*•• •"Ml 
 
 5. IVnniliin^ t'(>iiiiiiin|tiiiiii on iin- 
 ii('tMi«i>«l |>M>iiii»i>(l. |h. 50I 
 
 b. PrcHiiiiiplivi* i'viiU'iu'o i>t' cun- 
 
 suiit|)iik)ii. (••. in<)| 
 7. I'lirt-hitHinK IVitiit iinliciMisiul |ii'i 
 
 Hon aiul tlriiikiiiK in iiiilit'iMisi il 
 
 priMiiisfs. {n, ttu) 
 
 H. Oi'('ii|iaiir>i liiiltiliU. (> >2) 
 
 I). Ai'liiitI iiD'fiuUM'H liahiliiv. (s. 11;, 
 
 OH, J, ,\\ 
 
 10. S«*art'liin>{ |irtMiiiHi.>i> wllhoiii wm- 
 ranl. (t. 1 )n) 
 
 11, Soari'hing iiiilii'«*nM>il protiilHOH 
 iituior wanani aiul I'tinriM'ation ol 
 
 lil|IUII'<> •it!i/tul. (>«. |_{l I 
 
 I J. Krt*qui'nti'ri<t of unlii-tMihOil |iivin- 
 UeM to Kive ilioir iiaineN. (h. i,)j, 
 •iM. 2) 
 
 I 1), IVfi'iuUni imiHl |»rovi« lli'ifn*r. 
 
 (-•. n») li 
 
 I 14. Si^iit till iinlit'tMiHotl |ii'i'iiiii«t*<i. 
 
 It. |i), <.•«. i) 7 
 
 15. i'liiMiiiHlH aiul Orii^Ki'*''*' 'itl*'*> !>>'• 
 (s. t,}, H*. J, J, 71 7 
 
 lb. i'lii'iiiNi<», i-li., UrinkiiiK oil pre 
 
 mint'*! i>r. I<t, (iJ) H 
 
 17. lliiliN, iMc, luftlit'i>iisinl) xi'lliii^ 
 
 lit|iior>i, (H. t,\) 8 
 
 |H. I'li'siiiiipiivi* I'vi.U'iU'O of Halt's 
 
 in «'l(il)«i, I'll'. («t. 5,1, '«'•. _\) M 
 
 II), i'liilm, fit'., liinlii'CiiM'ill kcfpin^ 
 
 lit|IU>IS. (H, t,\, s>>. i\ <| 
 
 i>. I'lt'siimpiivi' I'Mkli'iu'i' of kiH'piiiK 
 
 in rliilis. ("•. 5,v •«•.. .V ■> 
 
 ji. I'liibt, vir., HiipplyiiiK iiiinoi'i. 
 
 {%. 7H, H. i) I) 
 
 22. Native winet hoIiI willuiiit tirt'tiHi* 
 iniiNl nt)( ln> ilriink on preniisvN, 
 
 (M. )«l) I) 
 
 .M'lU'i's liability for conHiiinptinn 
 on Ins niTi'iiscs, |So»' No. \h, 
 Pan 1 1. "10 
 
 Pakt II. 
 
 LICENSKI) PUK.MISKS. 
 
 HarN, number allowiul. (n. 65) 
 Bi'cr and wini' liti'iise, dolinition 
 of, s. d pt'iialtieN for unlawfully 
 keeping' and di^posill^' of other 
 liquors, {s, 23, J4, 25) 
 l>is»>rderly coiidiii't in licensed 
 houses, (s. 76, Hi ) 
 llarboiirin>f constables in li- 
 censed houses, (s. Ki) 
 Internal coniinunicallon between 
 licensed and unlicensed premises. 
 
 (x. 77) 
 jS. Licenses, how proved, (s. lofi) 
 
 ag. Licenses, to be kept exposed. 
 
 0. 47> 
 JO. LodKin>;, tavern keepers refusing;, 
 etc. (k. 75) 
 
 24 
 
 25 
 
 26 
 
 '7 
 
 PAUf. 
 I I 
 
 12 
 
 '3 
 •3 
 
 ji. Minors, sale of liipiors to. |s. -jH) 
 
 \2. .Minors, loitering in b.tr roointi. 
 (s. 7H, ss, 4) 
 
 jj. Pawning' or sellint; y;oods to li- 
 censees, (s. 67) 
 
 34. Purchaser's liability foi- consump- 
 tion on premises of wholesale or 
 shop licensee, (s. Ho, ss. 2) 
 
 35. Removal of liijuor to evade con- 
 ditions of license and evidence 
 under this .-ectiun. (s. 71)) 
 Searching licensed premises. (See 
 No. 10 Part 1. 1 
 
 i 3(>. Seller's liability for consumption 
 
 ! on his premises, (s. So) 
 
 ! 37. Sijfns on licensed premises, (s. 4H) 
 
 j 3H, T.ivern license, interpretation of 
 
 I (s. a, ss. a) " 
 
 I'MlK 
 
 '4 
 '4 
 '4 
 
 16 
 lb 
 
X. 
 
 39 
 
 TABLE OK CONTENTS 
 
 SHOP l.ll'KNKKS 
 
 "ShoplicensieN," interpretation of, 
 Shop licensee Nelling less than 
 prescribed quuniities. (n. a, »h. 
 3.5) 
 40. Sliop licen^iee porniil.inffconNuinp- 
 lion on preniiseN, (s. (>]) 
 Sliop licensee havin^f oilier floods 
 lor sale in li(|uor store, (s. 72) 
 Shop licensee selling non-intoxi- 
 cating liquors by retail, (s. 33) 
 Shop licensee periniltin); con- 
 sumption of non-inloxicatinx 
 liquor in store, (s, 72) 
 
 41 
 
 4» 
 
 43 
 
 '7 
 
 '7 
 
 18 
 
 44. Shop licensee having internal com- 
 inunication between store and 
 liquor department, (s. 77 ss. 2) 
 
 WIIOI.KSAI.K I.K'KNSKS 
 
 45. "Wholesale license," interpreta- 
 tion of. (S. J, SH. 4) 
 
 46. Wholesale and Brewers* licenses, 
 (s. 51, as. 2) 
 
 47. Wholesale licensees selling; by re- 
 tail, (s. 51, ss. 2) 
 
 48. Unlawful sales to unlicensed per- 
 sons, (s. 64) 
 
 49. Wholesale licensees permit! in); 
 consumption on premises, (s. 63) 
 
 IMdK 
 
 18 
 
 18 
 
 '9 
 
 It) 
 
 •0 
 
 .'O 
 
 Part III. 
 
 PROHIBITED HOURS FOR SELLrNG, En, 
 
 50. A/l places to he closed between Sat- 
 iirday ami Montlay, etc. (ss. 54, 55) 
 
 51. Bar rooms, when to be closed. 
 (H.S6) 
 
 52. Lijfht in bar room presumptive 
 evidence, (s. 1 10) 
 
 53. Persons found in bar rooms, (s.57) 
 
 54. Persons obtaining or applying, for 
 liquor, (s. 59) 
 
 21 
 22 
 
 23 
 -'3 
 
 J3 
 
 S.S- 
 56. 
 
 Occupant's and actual offender's 
 liability. (See Nos. 8, 9, Part 1. 1 
 Presumptive evidence as to sale 
 or consumption. I See Nos. 2. 6. 
 Part 1. 1 
 
 Polling days. (s. 58) 
 
 Vessels holding licenses, when 
 prohibited. 
 
 IMIiK 
 
 I. 3 
 24 
 
 24 
 
 Part IV. 
 
 MISCELLANEOUS PROVISIONS. 
 
 .Actual officndcr, meaning of. (See 
 No. 9, Part 1. 1 
 
 Amendments. [Sse conviction No. 
 63, Part IV. 1 (See informations 
 No. 70, Part IV. [ 
 
 57. Appeals, (s. 118) 
 
 58. Certificate»of doctors and justices 
 to be bona fide. (s. 74) 
 
 59. Cominiiisioners and Inspectors 
 not to take money nor issue licen- 
 ses unlawfully, (s. 68) 
 
 60. Commitments, (ss. 72, 87) 
 
 61. Compromising or compounding 
 offences, (s. 83) 
 
 62. Constables and officers duties, 
 (s 129, 134) 
 
 Convictions prior and subsequent. 
 [See second off■ence^, No. S-\, 
 Part IV.] 
 
 63. Convictions not void for certain 
 defects, (s. 105) 
 
 64. Costs, (s. 98, 1 17) 
 Disorderly houses. [See No. 2?. 
 Part IL| ^ 
 
 65. Evidence, presumptive, etc. 
 
 66. Forfeiture of License, when, (s.37) 
 
 4 
 28 
 
 32 
 
 25 
 
 26 
 
 26 
 27 
 
 27 
 
 27 
 
 38 
 
 28 
 29 
 
 12 
 30 
 30 
 
 I'AIIK 
 30 
 
 67. Forms, (s. 103) [and see schedule] 
 Gambling in licensed premises. 
 [See disorderly conduct, No. 25, 
 Part II.] x2 
 
 68. Habitual drunkards, re.strictions 
 against, (ss. 124, 125) 31 
 
 Harbouring constables. [See No. 
 
 26, Part H.| 12 
 
 69. Informations. 13 
 
 70. Informations, descriptions in and 
 amendments to. (ss. 102, 104) ;^2 
 
 71. Information, summons and pro- 
 cedure before Justices, 33 
 
 72. Interpretation clauses. 33 
 
 73. Jurisdiction of Justices, (s. 97) 34 
 License, how proved. [See No. 
 
 28, Part II; No. 13, Part I.| 6,13 
 
 License to be kept exposed. [See 
 No. 29, Part H.) 13 
 
 74. Limitation of prosecutions, (s. 95) 34 
 
 75. "Liquors," interpretation of. (s. 2, 
 
 ss. 1) 34 
 
 Lodging, tavern keepers refusing, 
 etc. (See No. 30, Part II.) 13 
 
TABLE OF CONTENTS 
 
 XI. 
 
 
 76. Members of Miinici|Mil Corporu- 
 tioiiN violaliiiK Act, (n. 71) 
 MiiiorH not to ^et lii|uor of any 
 kind. (See No. 31, Purl ll.| 
 Minors loitering; in bar rooms. 
 |See No. 32 Part II.| 
 
 77. MuniL-ipal oiVu-ers violating Act. 
 (s. 70) 
 
 Oi'cupanis liability |See No. 8, 
 Part 1. 1 
 
 Pawning; or selling ^'oods lo li- 
 censees. I See No. 33, Part Il.| 
 
 78. Penalties tinder Sees. 70, 71, 85. 
 
 79. Penalties not to be remitted, and 
 application of. (s. 88) 
 Procetl'ire and Practice. (See 
 Infornialion, Sunimon» and Pro- 
 cedure, No. 71, Part IV. I 
 
 80. Prosecutor who may be. (s. 94) 
 
 AIIK 
 
 .14 
 
 81. 
 
 «4 
 
 82. 
 
 •4 
 
 
 .15 
 
 
 4 
 
 H3 
 
 14 
 
 «4 
 
 .1.S 
 
 
 37 
 
 8(3 
 
 33 
 37 
 
 S7 
 
 Resolutions of [Jcense Committ- 
 sioners. (ss, 4, too) 
 Resolutions, how proved, (s. 107) 
 Searchini; premises to detect of- 
 fences. [See No. 10, Part l.| 
 
 Searching unlicensed premises 
 under warrant. (See No. 11, 
 Part 1. 1 
 
 Second and subsequent offences. 
 (s. 101) 
 
 I'AUK 
 
 37 
 38 
 
 5 
 38 
 
 Second Jind prior offences, pro- 
 cedure in respect of. (s. 101) 38 
 Signs. (See No. 14, Pari I, and 
 No. 37, Part II. [ 7, 16 
 
 Witnesses, evidence of. (s. lycf) 39 
 Witnesses refusing to attend, an- 
 swer or produce. (ss. 115, 116) 30 
 
 Witnesses, tampering with. (s. 85) 40 
 
 ■* 
 
 Forms . . . . 
 Appknoix 
 
 4'J 
 •53 
 
r 
 
OFFENCES 
 
 IN DICK 
 
 '*The Liquor License Act 
 
 >» 
 
 PART I. 
 
 Unmckxski) Pkkmisks. 
 
 1. Sail' without License. 
 
 NO person not beinp a brewer, chemist or druggist, shftll, except 
 under legal process, or for distress, or as assignee in insolv- 
 ency, sell by wholesale or retail, any spirituous, fermented, oi* othci- 
 manufactured or intoxicating liquors without having fii'st obtained 
 the license under this Act authorizing him so to do. (Sec. 4i>.) 
 *P('naffies — First oft'ence, ^50 to $100 or throe months; second of- 
 fence, four months; third oft'ence, six months. (Sec. 72.) 
 
 2. Presumptive evidence of unlawful sales. 
 
 In proving the sale or disposal, gratuitous or otherwise, or con- 
 sumption of liquor for the purpose of any proceeding relative to any 
 offence under this Act, it shall not be necess?'*'^' to show that any 
 money actually passed, or that any liquor was actually consumed, 
 if the Justices, Police Magistrate, or Court hearing the case is or arc 
 satisfied that a transaction in the nature of a sale or other disposal 
 actually took place, or that any consumption of liquor was about to 
 take place ; and proof of consumption or intended consumption of 
 liquor on premises in respect to which a license is required under 
 this Act by some person other than the occupier, shall be evidence 
 that such liquor was sold to the person consuming or being about 
 to consume or carrying away the same as against the holder of 
 the license or the occupant of the said premises. (Sec. 109.) 
 
 1, R. V. VVesllake, 21 O. R. 6ig. R. v. Palmer, 46 Q. B. 262. R. v. Straclian, 20 
 C. P. 182. R. r. King, 20 C. P. 246. R. 7'. McVVhinnie, 27 U.C.R. 289. R. ?-. Staf- 
 ford, 22 C.P. 177. R. V. Hoggard, 30 Q.B. 152. R. v. Bennett, I. O. R. 445. R. v. 
 McDonald, 24 N. S. R. 35, R. z>. Snider, 23 C. P. 330. R. z>. Sutton, 42 U.C.R. 220. 
 
 *" Not less than $50 and not more than $100, and in default, not less than three 
 months for first offence; four months for second, and six months for third. (See 
 No. 78 for Section No. 72.) 
 
9 THE LiyUOR LICENSE ACT 
 
 Tn any prosocution under this Act for the sale or other disposal 
 of liquor witliout the license required by law, it shall not be neces- 
 sary that any witness depase directly to the precise description of 
 tlio li(iuor sold or bartered, or the precise consideration therefor, or 
 to the fact of the sale or other disposal having taken place with his 
 participation, or to his own personal and certain knowledge, but 
 the Justices or Police Magistrate trying the case, so soon as it ap- 
 pears that the circumstances in evidence suiYlciontly establishes the 
 infraction of law complained of, shall put the defendant on his de- 
 fence, and in default of his rebuttal of such evidence shall convict 
 him accordingly. (Sec. 113.) 
 
 The fact of any person, not being a licensed person, (1) keeping 
 up any sign writing, painting, or other mark in or near to his house 
 or premises, or (2) having such house fitted up with a bar or other 
 place containing bottles or casks displayed so as to induce a reason- 
 able belief 
 
 (a) that such house or premises is or are licensed for 
 
 the sale of any liquor, or 
 (h) that liquor is sold or served therein, or 
 (c) that there is on such premises more liquor than is 
 reasonably required for the persons residing therein 
 shall be deemed prima fade evidence of the unlawful sale of liquor 
 by such person. (Sec. 111). 
 
 3. Keeping for sale without license. 
 
 No person shall keep or have in any house, building, shop, eating- 
 house, saloon or house of public entertainment, or in any room or 
 place whatsoever, any spirituous fermented or other manufactured 
 liquors for the purpose of selling, bartering or trading therein unless 
 duly licensed thereto. (Sec. 50.) 
 
 [This section is in force in any place where a prohibitory 
 By-Law has been passed pursuant to 53 V. c 18, not- 
 withstanding such prohibitory By-Law. (55 V.c. 51 s. 13.)] 
 ^•Penalties — First offence, $20 to $50 or 1 month; second offence, 
 $40 to $60 or two months; third offence, three months. (Sec. 86.) 
 
 3. R. V. Charles, 24 O.R. 432. R. v. Sutton et al ^2 Q.B. 220. R. v. Slattery, 26 
 O.R. 148. R. V. Richardson, 20 O.R. 514. R. v. Breen, 36 Q.B. 84. 
 
 *Not less than $20 and not more than $50, nor less than 3 months in default. For 
 second offence, not less than $40 and not more than $60. In default, two months or 
 less. (See No. — for Sec. 86.) ^ 
 
THE LIQUOR LICENSR ACT 8 
 
 4. Presumptive evidence of unlawful keepiuf^. 
 
 Any hoiiso, shop, room or other plnco in which arc proved to ex- 
 ist a bar, counter, beer pumps, kegs, jars, decanters, tuniblei*8, 
 glasses, or any other appliances, or preparations similar to those us- 
 ually found in taverns and shops, where spirituous or fermented liq- 
 uors are accustomed to be sold or traflicked in, shall be deemed to be a 
 place in which spirituous, fermented or othei* manufactured liquors are 
 kept or had for the purpose of being sold, bartered or traded in within 
 the meaning of section 50 of this Act, unless the contrary is proved by 
 the defendant in any prosecution ; and the occupan*^ of such house, 
 shop, room or other place shall be taken conclusively to be the 
 person who has or keeps therein such liquors for sale, barter or traf- 
 fic therein. (Sec. 108.) 
 
 5. Permitting consumption on unlicensed premises. 
 
 No occupant of any shop, eating-house, saloon, or house of public 
 entertainment, unless duly licensed, shall permit any liquors, whether 
 sold by him or not, to be consumed upon the piemises by any person 
 other than members of his family or employees or guests not being 
 customers. (Sec. 50.) 
 
 Penaltieft — First offence, $20 to $50 or one month ; second offence 
 $40 to $60 or two months ; third offence three months. (Sec. 80.) 
 
 6, Tresumptive evidence of consumption. 
 
 In proving the consumption of liquor for the purpose of any pro- 
 ceeding relative to any off'ence under this Act it shall not be 
 necessary to shew that any liquor was actually consumed if the 
 Court is satisfied that any consumption of liquor was about to take 
 place. (Sec. 109.) 
 
 4. R. V. Doyle, 12 O. R. 347. R. v. Brady, 12 O. R. 358. R. v. Huntly, 20 
 
 O. R. 481. 
 
 5, R. V. Breen, 36 U. C. R. 87. Cross v Watts, C. B. N. S. 239. R. v Sutton, 42 
 U. C. R. 220. Deal v Schofield, L. R. 3 Q. B. 8. R. v Ambrose, 16 O. R. 251. 
 Strauss v County Hotel Co. 12, Q. B. D. 27. McLean v Dunn 39 U. C. R. 551, s. c. 1 
 App. R. 153. 
 
 A. 
 
4 TIIK IJgi'OR LICENSE ACT 
 
 7. Purchasing from nnlUensed person and Drinking in un- 
 
 licensed premises. 
 
 The purchaser of any Intoxicating liquor from a person who is 
 not licensed to sell the same, and any person who drinks upon the 
 promises liquor so purchased Is guilty of an oft'cnce under this Act. 
 (Sec. «0.) 
 
 /V/m///V/<— First offence, ^20 to foO or one month; second olfence, 
 340 to ^60 or two months: third offence, three months. (Sec. 86.) 
 
 |Scc. r>0 docs not apply to any person engaged in detect- 
 ing bread) of the Act (Sec. 61). | 
 
 8. Occupant's Liability. 
 
 Tlio occupant of any house, shop, room or other place in which 
 any sale, barter or tralHc of spirituous, fermented or manufactured 
 liquors, or any matter, act or thing in contravention of any of the 
 provisions of this Act has taken place, shall be personally liable to 
 the penalty and punishments prescribed by this Act, notwithstand- 
 ing such sa'le, barter or traffic be made by some other p srson who 
 cannot be proved to have so acted under or by the directions of such 
 occupant, and proof of the fact of such sale, barter or traffic or other 
 act, matter or tiling by any person in the employ of such occupant, 
 or who is suffered to be or remain in or upon the premises of such 
 occupant, or to act in any way for such occupant shall be conclusive 
 evidence that such sale, barter or traffic or other act, matter or 
 thing took place with the authority and by the direction of such 
 occupant. (.Sec. 112). 
 
 1). Actual Offender's Liability. 
 
 The person actually selling, or otherwise contravening any of the 
 provisions of this Act as in this section mentioned is for the I'lrr-rse 
 hereof styled "the actual offender" whether acting on btha' >; 'him- 
 self or another or of others, and the actual offender, us wcl; , the 
 occupant, shall be personally liable to the penalties andpunisiuiients 
 prescribed by this Act, and at the prosecutor's option the actual of- 
 
 8. U. V. Potter, 20 A. R. 516. R. v. Campbell, 8 P.R. ee. R ^ Rrf.«.n 
 
 36 U.C.R. 87. 33 r».. v. nreen, 
 
 9. R. V. McGregor, 26 O. R. 1 15. R. v. Howard, 45 Q. B. 346. R. v. Williams, 
 42 Q. B. 462. R. 7^ King, 20 C. P. 246. 
 
THK l.lvjrOR I.ICKNSK Al'T 5 
 
 fondoi' muy ho proHocutcd Jointly with, or MO|)anitcly from tho occu- 
 pant, but both of them shiill not Iw convicted of tho Hiimn otVcnco, 
 and tho conviction of ono shall ho i\ bar to tho conviction of tho 
 othor. (Soc. 112, s.s. 2). 
 
 For tho purposes of tills section, any person bein^ an owner or 
 lossoo in actual occupation and possession of the premises, or anyone 
 who, boiuK ill actual occupation and possession, leases or sub-lets 
 any part thereof in which li(|uors are kept fur sale, barter or trading 
 therein, or in which they are sold or consumed, shall be deemed to 
 1)0 an occupant unless such leasing or sub-lotting shall have received 
 tho consent in writini? of the l)oard of license commissioners. (Sec. 
 112, s.8.3). 
 
 10, Searching premises without warrant. 
 
 Any officer, policeman, constable, or inspector, may for the pur- 
 pose of preventing or detecting the violation of any of the provisions 
 of this Act, which it is his duty to enforce, at any time enter into 
 any and every part of any inn, tavern or other house or place of 
 public entertainment, shop, warehouse, or other place wherein re- 
 freshments or liquors are sold or reputed to be sold, whether under 
 license or not, and may make searches in every part thereof and of 
 the premises connected therewith for the purpose aforesaid ; and 
 every person being therein, or having charge thereof who refuses 
 or fails to admit such officer, policeman, constable or inspector 
 demanding to enter in pursuance of this section in the execution of 
 his duty, or who obstructs or attempts to obstruct the entry of such 
 officer, policeman, constable or inspector or any such searches as 
 aforesaid, will be liable to the penalties and punishments prescribed 
 by section 72. (Sec. 130). 
 
 PennltisH. — First often ce, 5?'^0 to ^100 or three months; second 
 offence, four months ; third offence, six months. (Sec. 72). 
 
 1 1 . Searching unlicensed premises under warrant. 
 
 Any Justice of the peace upon information by any ofticer, police- 
 man, constable, or inspector that there is reasonable ground for be- 
 
 10. Regina v. Sloan, i8 A.R. 482. R. v. PoUer, 20 A,R. 516. R. v. Tott,4 L.T. 
 N.S. 306 Mews Di]^. 1121. Duncan 7*. Dowling (1897) 1 <J. B. 575. 
 
 11. R. V. Hodge. 20O.R. 450. (The defendant might have been properly fined 
 under Sec. 130.) R. v. McGarry, 24 O.R. 52. R. v. Doyle, 12 O.R. 347. R. v. Hef- 
 fernan, 13 O. R. 616. R. v. Hughes, 4 Q. B. D. 614. 
 
U THE LigUOR LICENSE ACT 
 
 liof that any spirituous or formonted liquor is being kept for sale or 
 (iiHpoHiil, contrary to tho proviHionH of this Act, in any unliconsod 
 houHO or place within the JuriHdiction of such .Justice, may grant a 
 warrant under his hand by virtue whereof it shall be lawful for the 
 person named therein or any constable to whom it is directed or 
 delivered at any time or times within ton days from the date 
 thereof to enter, and, if need be, by force, the place named in the 
 warrant and every part thereof, or of the premises connected there- 
 with, and examine the same, and search for liquor therein ; and for 
 this purpose may with such assistance as he deem expedient, break 
 open any door, lock or fastening of such premises or any part there- 
 of, or of any closet, cupboard, box or other article likely to contain 
 any such liquor, and in the event of any liquor being so found un- 
 lawfully kept on the said premises, the occupant thereof, until the 
 contrary is proved, shall be deemed to have kept such liquor for the 
 purpose of sale contrary to tho provisions of section 50 of this Act. 
 (Sec. LSI). Any liquor so found may be seized, and if there is a 
 conviction the liquor may be confiscated and destroyed. (.Sec. 1.32). 
 If no conviction the liquor must be returned. (Sec. 1.3.3). 
 
 1 2. Frequenters of unlicensed premises to give their names. 
 
 Any person found on unlicensed premises entered by any ofticer 
 under Sections 130 or 131 must on demand give his name and ad- 
 dress, and failing to do so, or failing to answer satisfactorily tho 
 questions put to him may be apprehended without warrant, and if it 
 appears that such person refused to give his name and address, or 
 gave a false name or address, or gave false information respecting 
 such name or address, or did not answer satisfactorily the questions 
 put to him, he will be liable to a penalty of not less than $10 nor 
 more than %20 and costs, and in default of payment be imprisoned 
 for a period of not less than 20 and not more than 40 days. (Sec. 
 132 ss. 2, 3.) 
 
 13. Defendant must prove license. 
 
 It is incumbent on the defendant to prove that he is duly licens- 
 ed if chai'ged with any act or omission making him liable to a 
 penalty unless he is licensed. (Sec. 114.) The production of his 
 license will be prima facie evidence. (Sec. 114, s.s. 2.) 
 
 J 3. R. v Young, 7 O. R. 88. In rf Barrett 28, Q. B. S99. 
 
THE LIQUOR LICENSE ACT 7 
 
 1 4. Signs on unlicensed premises. 
 
 No person uiiIohh duly liconHod mIuiII by any Hign or notico hold 
 himHoir out to tho public iih ho liconsod, und tho uso of any sign or 
 notice for thiH purpoHo in prohibited. (Sec. 49, h.h. 2.) 
 
 I'cntUfh'M. — First ofTenco, |20 to $50, or one month ; second ott'ence, 
 |40 to |60, or two months ; third otlbnco, three months. (Sec. 8r>.) 
 
 1 5. Chemists and Drugsiists, Sales Ar.* 
 
 Any Chemist or Druggist who sells o** otherwise disposes of any 
 liquor to be consumed on tho premises as a beverage, or with soda 
 water, seltzer, appolinaris, ginger ale, ginger beer, sarsaparilla, or 
 any aerated, mineral or ett'ervescent drink, shall bo liable to the 
 penalties imposed by Section 72 of this Act. (Sec. 52, s.s. 7.) 
 
 Penalties. — First otlence, 9^0 to 91(^0» or three months; second 
 oft'ence, four months ; third ott'ence, six montlis. (Sec. 72.) 
 
 Chemists and Druggists registered under The Pharnmcji Act. may 
 under a ttona fide prescription duly signed by a legally qualified 
 medical practitioner sell liquors for strictly medicinal purposes in 
 packages of not more than 6 ounces at any one time, and strictly 
 for medicinal purposes may sell any mixture containing liquors mix- 
 ed with any other drug or medicine in packages of not more than 
 one pint at any one time. And in default of any sale or other dis- 
 posal of liquor sold under and forming an ingredient in such pre- 
 scription being placed on record in a book to be kept for that purpose, 
 shewing the time when, tho person to whom the same was made, the 
 quantity sold, and the prescription, where one is required, of such 
 medical practitioner, every such sale shall be held to be a contra- 
 vention of the provisions contained in Sections 49 and 50 of this Act. 
 (Sec. 52, s.s. 2.) 
 
 Penalties. — First offence |J50 to flOO or three months ; second 
 offence four months ; third offence six months. (Sec. 72.) 
 
 [But note that the penalties for violation of Section 50 
 are under 86 of the Act] 
 
 A Chemist or Druggist who is also a qualified medical practitio' 
 may in a township give the certificate provided for in the above 
 
 14. /« ff Bright V. City of Toronto, 12 C. P. 433. 
 
 * See the Act respecting the sale of Patent and other Medicines, 61 Vic. 30. 
 (Appendix page.) 
 
■ TIIK l.lv»l UK l.k KNSF Al T 
 
 Hoclioii, iiiHt iiuiy (iIho givo Mucli C'ortiflcato in any villiiuo or polico 
 villtiKo wliort^ tli<>n> \h no other moUicnl praclitionor rcMUli>nt and 
 practhin^ thcroin, but not otIicrwiMO. (Soc. 52, m.m. t>.) 
 
 Hi. Clwmists, lie, Or ink him on premises of. 
 
 No rhoniiHt or <lrup:KiMt muHt allow li(|noi'H sold by him, or in hJM 
 l>oM!soHHion, to 1)0 consumed within IiIm shop or within (ho building of 
 which Hiich Hhop t'orms a part, or which communicntON by any 
 entrance v ith Huch MJiop, either by the piirchaMcr thereof, or by any 
 other person not UHually resident withpi such building, under (he 
 penalty in money and costs impo: Pd by Section 72 of this Act, 
 (Sec. \V2). 
 
 /Vm»/^V/(.— Flist oft'oncc, 9i'><) to 910U, or throe months; second 
 oft'ence. four months : third ottence, six months (Sec. 72) 
 
 17. Clubs, etc., (nnliccnsed) selling liquors. 
 
 Any Society, Association, or Hub, which has been or shall Iw 
 formed or incorporated under Tlw Avt rt'Hfm't'nuj lU'in-ntlenf, I'rori- 
 (h'lit. and other S()rh'fh'M, and any unincorporated Society Association, 
 or Club, and ary mcmlwr, ofticer, or servant thereof, or person re- 
 sorting? thereto, who shall sell or barter liquor to any member thereof, 
 01 to any other person without the license therefor by this Act re- 
 quired, shall be hold to have violated Sec. 4!) of this Act, and shall 
 incur the penalties provided for the sale of liquor without license, 
 (Sec. 5:1). 
 
 I't'nntfh'K — First offence, ^bO to ^100 or three months; second 
 ott'cnce, four months ; third ottence, six months (Sec. 72), and liquor 
 may be seized (Sec. 53, s.s. 3). 
 
 1 8. Presumptive Evidence of Sale in Clubs, etc. 
 
 Proof of consumption or intended consumpJon of liquor in such 
 premises (mentioned in Sec. 53) by any member or person who re- 
 sorts thereto, is conclusive evidence of sale of such liquor, and the 
 occupants of the promises or any members of the club, etc., or person 
 
 16. K. V. McCay, 23 O.R. 442. K. v. Denliam, 35 Q.B. 503. K. v. Elborne, 19 
 App. R. 439. 
 
 17. R. V, Austin, 17 O.R. 743, 7 App. R 478. 
 
TMK. l.lv?l'OK l.li KNSK AiT l» 
 
 who I'DHDi'tM thoroto, mIkiII tN> hikoii irondiiHivi'ly to In> tho |nM'noii 
 who hiiH or k(M>|>H thoi'oiii hik li li(|iior tor hmIu or biirtor. (Sec. M, 
 
 M.M. H.) 
 
 tU, Clubs, I'ti., (unlhenst'ii), kicphin lujuors, 
 
 Tho ko(>|)inp;, or liavhiK in any hoimo nr hiiildiiif;, or in any 
 room or placo oct iipiod or controlliMl by niuIi (any nniiconscd) clnl>, 
 iiHMOi'iation, or sot;i(>ty, or any nionibor or nx'rnbnrH tliorcol', or by 
 any |iorHon roMortlnff thoreto, of any liquor for Male or bjirtor, is a 
 violation of Soctioti hi) of thlM Act. (Soc. o.'J, m.m. '2). 
 
 renolt'hH. First ofll'oncc, 3-*> t" W'*^\ or ono month ; second olfonic, 
 l$4o to 9'><)> oi' '''vo months; third otfencc, tlirco months (Sec. ^(i). and 
 liquor may \yo seized (Sec. f».'l, s.s. 3) 
 
 20. presumptive evhience of keepiXa in Clubs, etc. 
 
 Thp occupant or any member or person who resorts, etc., will Ikj 
 taken to hty tiio person who has or keeps in the club, etc., liquor for 
 sale or barter. (Sec. h'\ s.s. W). 
 
 21. Clubs, etc.. Supply inn, minors. 
 
 Any society, association or club mentioned in Section 5'^ of this 
 Act, or any club, corporation or association which sells or supplies 
 11(1 uor solely to the members thereof, and any member, otticer or 
 servant of any such society, club, corporation or association, or any 
 person resorting thereto who se'.la liquor to any person of either sex, 
 apparently or to the knowledge of the person supplying such liquor, 
 under tho ago of 21 years, shall be liable to a iienalty of not less 
 than ^10 and not exceeding 3i^0> besides costs for every such 
 offence (Sec. 7H, ss. 2). 
 
 22. A/a/m' Haines sold without license must not be drunk on 
 
 the premises. 
 
 Native wines from grapes grown und produced i»i Ontario can 
 be sold by the manufacturers thereof in quantities of not less than 
 
 10. R. V. Charles, 24 O.R. 432. R. v. Hughes, 34 C.L.J. 162. R. v. Slallery, 26 
 O. R. 14H. 
 
 20. R. V. Hughes, 18C.L.T. 106. 
 
10 
 
 TIIK I.IVJIOR LICKNHK ACT 
 
 «ni« K'tilon or two riottloN of not Ionn thnn thnn) hiiir pintM eiich, At 
 Olio tlm«, without II IUoiiw% hut must ho wholly romovotl iroin and 
 not drunk utmn tho prcinliioM of tho miinurnctiiror (Soc. .10). 
 
 iNoTK. Tho oxrmption only npplJoM to tho kind iiiid 
 •lunllty ol' wino moiitionod in tho context, tind If not 
 strictly o»»H«rvc<l tho mUlor will ho liiibl(> to tho |)oniiltioN 
 under S<^ctlonH 41> and 7:'.| 
 /'in,i/fhM First ortonco |ftO to fHX), or throo months; second 
 ottbnco, lour inonths; third offence, six months (Sec. 72). 
 
 2;i. Sei/m liability wlun purchaser allows consumptioit on his 
 premises. 
 
 (See No. :W, Part I I.J 
 
 ■ 
 
■ 
 
 TIU tigUOK LICKNNK ACT 
 
 tl 
 
 PART II. 
 
 Iji'KNSKn PUKMIHKH. 
 
 23. Bars, number alJowed. 
 
 Only one tmr mHuII bo kopt In any Iioumc or promitu^H llconMod 
 under thin Act. (Sec. fJF)). 
 
 /Vwrt/^>*f.— First oti'onco, |20 to V>0. or one month; H«cond of- 
 fence, |40 to $00, or two months; third otlonco, three monthn. (Soc. 
 86). 
 
 24. Bea and IVine License, definition of, and penalties for 
 
 unlawfully keeping and disposin/i of other liquors. 
 
 A beer iind wine license shnll bo construed to mean a tavern 
 llcenne for selling, bartering or trafficking by retail In lager beer, nlo, 
 beer and porter, and also in native wines manufactured In Ontario con- 
 taining not more than flftoon per cent, of alcohol, and In light for- 
 eign wines (but not Including port, sherry or Madeira) containing 
 not more than fifteen per cent, of alcohol, such per contage to l)o 
 determined by weight. The liquors are to be sold In ([uan titles of 
 less than one quart, and may be drunk on the promises. The holder 
 of any such license la subject to the same conditions and penalties 
 as a tavern licensee. And any beer and wine licensee, his servants 
 or agents, selling or bartering, giving or keeping * In the house or 
 upon the licensed premises intoxicating liquors not mentioned in the 
 license; or native or light foreign wines containing alcohol exceed- 
 ing fifteen per cent, thereof; or port, sherry or Madeira, will be 
 liable to the following : (Sees. 23, 24, 25.) 
 
 /'e/ia//ie«.— First oflfenco, 9^0 to 3100, or three months; second 
 offence, four months and license may be cancelled, (See Soc. 25); 
 third oft'enco, six months (Sec. 72). 
 
 •When such liquors are found they may be confiNcated as under Sec. i ja. (Sec. 24.) 
 
19 THE LIQl'OR LICENSE ACT 
 
 25. Disorderly conduct in licensed houses. 
 
 If any porson licensed under this Act permits drunkenness, or 
 any violent, quarrelsomn, riotous or disorderly conduct to take place 
 on his premises, or sells or delivers intoxicating liquor to any 
 drunken person, or permits and sutlers any drunken person to con- 
 sume any intoxicating liquor on his picmises, or permits and sutlers 
 persons of notoriously bad character to assemble or meet on his 
 promises, or suffers any gambling, or any unlawful game to be 
 carried on on his premises, he shall be liable to a penalty of not 
 less than $10 and not exceeding $50. (Sec. 76). 
 
 The Mayor or Police Magistrate of a town or city, or the Reeve 
 of a township or village with any one Justice of the Peace, or any 
 two .Justices of the Peace having jurisdiction in the township or 
 village, upon information to them respectively that any keeper of 
 any inn, tavern, ale house, beer house, oi' other house of public en- 
 tertainment situate within their jurisdiction sanctions or allows 
 gambling or riotous or disorderly conduct in his tavern or house, 
 may summon the keeper of such inn, tavci'n, ale or beer house to 
 answer the complaint, and may investigate the same summarily 
 and either dismiss the complaint with costs to be paid by the com- 
 plainant, or without costs, or convict the keeper of having an im- 
 proper or riotous, or disorderly house as the case may be and annul 
 his license, or suspend the same for not more than sixty days with 
 or without costs as in his or their discretion may seem Just. 
 
 And if the license be annulled he will not be eligible to obtain a 
 license for two years thereafter and also be liable to the penalties 
 under section 86. (Sec. 81). 
 
 Penalties. — First offence, $20 to $50, or one month ; second of- 
 fence, $40 to $60, or two months; third offence, three months. 
 
 26. Harbouring Constables in Licensed Houses. 
 
 Any person licensed to sell wine, beer or spirituous liquors, or 
 any keeper ot the house, shop, room, or other place for the sale of 
 liquor, who knowingly harbours or entertains any constable belonj^- 
 ing to any police force, or suffers such person to abide or remain 
 in his shop, room or other place during any part of the time appoint- 
 ed for his being on duty, unless for the purpose of quelling any dis- 
 
 25. R. V. Flynn, 20 O. R. 638. Marshall v. Fox, L. R. 6 Q. B. 370. Cleland v. 
 Robinson, 11 C. P. 416. R. v. Grannis, 5 M. L. R. 153, R. v. Sluart (not reported.) 
 
THE LigUOR LICENSE ACT 18 
 
 turbunco, or restoring order or otherwise in the execution of his 
 duty, sliall for any of the offences aforesaid, be deprived of his 
 license. (Sec. 82.) 
 
 27. Internal communication between licensed and unlicensed 
 
 premises. 
 
 Every person wlio makes, or uses, or allows to be made oi- used, 
 any internal communication between any licensed premises and any 
 unlicensed premises which arc used for public entertainments or re- 
 sort, or as a refreshment house shall bo liable to a penalty of not less 
 than $10 and not exceeding $50 for every day during which such 
 communications remain open. (Sec. 77.) 
 
 28. Licensesy how proved. 
 
 By the production of a certificate under the hand of the Inspector 
 of the License district. (Sec. 106.) 
 
 29. Licenses to be kept exposed. 
 
 Licenses are to be kept exposed consfcintly and conspicuously in the 
 warehouse, shops and in the bar room of taverns, inns, alehouses, 
 beerhouses, or other places of public entertainment. 
 
 Pf/m//i/.— Against the merchant, shopkeeper, or tavern, inn, 
 alehouse, or beerhouse keeper, or keeper of any other place of public 
 e..Ldrtainment, or master, captain, or owner of vessel, $.o with costs^ 
 for every day's wilful or negligent omission. (Sec. 47.) 
 
 30. Lodging, Tavernkeepers refusing, etc. 
 
 Every tavern keeper failing or refusing either personally or 
 through any one acting on his behalf, except for some valid reason, 
 to supply lodging, meals or accommodation to travellers, will foi" 
 each offence be liable on conviction to forfeit and pay any sum not 
 exceeding $20. (Sec. 75.) 
 
 28. R. V. Flynn, 20 O, R. 638. 
 
 30. R. V. Ivens, 7 C. and P., 219. Fell v. Knight 8 M. and W., 276. Morgan v. 
 Ravey, 6 H. and N., 265. Newcombe v. Anderson, 11 O. R. 665. 
 
14 
 
 THE LIQUOR LICENSE ACT 
 
 3 1 , Minors, Sale of liquor to. 
 
 Any licensed person who allows to be supplied in his licensed 
 premises by purchase or otherwise any description whatever of 
 liquor to any person of either sex, apparently or to the knowledge 
 of the licensed person, or of the person supplying such liquor, under 
 twenty-one years of age, whose father, mother, guardian, or master 
 has not in writing ordered such minor to be supplied with liquor, 
 shall as well as the person who actually gives or supplies the liquor 
 be liable to pay a penalty of not loss than ^10 and not exceeding 
 ^50 for every such offence (Sec. 78). 
 
 32, Minors loitering in bar rooms. 
 
 Any licensed person who, without proper cause, suffers or 
 permits any person of either sex, apparently or to the knowledge of 
 such licensed person under the age of twenty-one years, unaccom- 
 panied by his or her parent or guardian, and not being a resident 
 on the premises of such licensed person or a Imna fide lodger or 
 boarder, without good and sufficient reason, to linger or loiter in or 
 about any bar room or other room on such premises in which liquor 
 is dispensed, shall for every such offence be liable to a penalty of 
 not less than $2 and not exceeding $10, besides costs, and any such 
 person so lingering or loitering as aforesaid without good and suffi- 
 cient cause, and who is not a resident on the premises, or a bona fide 
 lodger or boarder, or who is not accompanied by his or her parent 
 or guardian, shall also be liable to a like penalty and costs (Sec. 78 
 s.s. 4) 
 
 33, Tawning or selling goods to licensees. 
 
 If any person holding a license purchases from any person any 
 wealing apparel, tools, implements of trade or husbandry, fishing 
 gear, household goods, furniture or provisions, either by way of sale 
 or barter, directly or indirectly, the consideration for which in 
 whole or in part is any intoxicating liquor or the price thereof ; or 
 receives from any person any goods in pawn, any Stipendiary or 
 Police Magistrate or any two Justices of the Peace on oath being 
 made before him or them of the facts may issue his or their warrant* 
 
 * Issue summons first charging^ defendant with the offence of illegally purchasing 
 goods, or receiving in pawn, as the case may be. If defendant found guilty then issue 
 warrant for restitution, etc. [See form of this warrant in schedule of forms.] 
 
"^ME LIQUOR LICENSE ACT 16 
 
 for the restitution of all such property and for the payment of costs ; 
 and in default thereof the warrant shall contain directions for levy- 
 ing by sale of the offender's goods to the value of such property so 
 pawned, sold or bartered, and costs, and the offender shall also be 
 liable to a penalty not exceeding 9^0.00 (Sec. 67). 
 
 34. Purchasers liability for consumption on premises of 
 
 wholesale or shop licensee. 
 
 Any purchaser of liquors in a house or premises to which a shop 
 or wholesjile license applies, who drinks or causes any one to drink, 
 or allows anyone to drink in the shop or premises * whore the same 
 has been purchased shall be liable to a penalty of not less than |JIO 
 and not exceeding 3^0 (Sec. 80 s.s. 2). 
 
 35. Removal of liquor to evade conditions of license. 
 
 (Section ^^J and evidence under Sec/on 77. 
 
 If any person licensed to sell liquors not to be drunk on the pre- 
 mises, himself takes or carries, or employs or suffers any other 
 person to take or carry any liquor out of or from the premises of 
 such licensed person for the purpose of being sold on his account, or 
 for his benefit or profit, and of being drunk or consumed in any other 
 house, tent, shed or other building of any kind whatever belonging 
 to such licensed person, or hired, used or occupied by him, or on, or 
 in any place whether enclosed or not, and whether or not a public 
 thoroughfare, such liquors shall be deemed to have been consumed 
 by the purchaser thereof on the premises of such licensed person 
 with his privity and consent, and such licensed person shall be 
 punished accordingly in manner provided by this Act. 
 
 Penalties.— {Under Sec. 80.) For first offence, fine not exceeding 
 $20 ; for second offence, fine not less than $10 and not exceeding $50. 
 (Sec. No. 36.) 
 
 In any proceeding under Section 79 it is not necessary to prove 
 that the premises to which the liquor is taken to be drunk, belonged 
 to or were hired, used, or occupied by the seller, if it appears to the 
 Court that such liquor was taken to be consumed thereon or therein 
 with intent to evade the conditions of his license. (Sec. 79, s.s. 2.) 
 
 34. R. V. Villeneuve 17 C. L. T. 374. 
 
 * See No. 36 as to expression " premises." 
 
16 
 
 TIIK Ugi'OR LICKNSK ACT 
 
 3H. Sellers' Liability for consumption on his premises. 
 
 If any purchasor of any liquor from a poi'son who is not liconsod 
 to soli the .same to be drunk on tlio premises, drinks, or causes or 
 permits any other person to drink such liquor on the premises where 
 the same is sold, the seller of such liquor shall if it appears that 
 such drinking was v,rith his privity or consent be subject to the 
 following. (Sec. 80.) 
 
 Penaltii's. — First offence, up to ^20; second or subsequent offence, 
 $10 to $50. 
 
 For the purpose of Section HO the expression " premises where 
 the same is sold" shall include any premises adjoining or near the 
 premises where the liquor is sold, if belonging to the seller of the 
 liquor, or under his control, or used by his permission. (Sec. 80, 
 s.s. 3.) 
 
 37. Signs on licensed premises. 
 
 Every keeper of a licensed tavern, inn, alehouse, beerhouse, or 
 other place of public entertainment, must exhibit over the door of his 
 licensed premises in large letters the words "Licensed to sell wine, 
 beer, and other spirituous or fermented liquors," and in default there- 
 of shall be liable " to a penalty of $5 besides costs." (Sec. 48.) 
 
 38. ''Tavern license,'' interpretation of. 
 
 " Tavern license " means a license for selling, bartering or 
 ti'afficking by retail in fermented, spirituous or other liquors, in 
 quantities less than one quart, which maybe drunk in the inn, ale or 
 beerhouse, or other hous3 of public entertainment in which the same 
 liquor is sold. (Sec. 2, ss. 2.) 
 
 SHOP LICENSEvS. 
 
 39. ''Shop license," interpretation of. Shop licensee selling 
 less than prescribed quantities. 
 
 " Shop license " means a license for selling, bartering or traffick- 
 ing by retail in such liquors in shops^ stores or places other than 
 inns, ale or beerhouses, or other houses of public entertainment in 
 quantities of not less than three half pints, or, if sold in unbroken 
 packages, not less than one half pint at any one time, to any one 
 
 36. Baih V. White, 3 C. P. D. et P. 179. 
 
Ti;j-: LigiOR MCKNSE ACT 17 
 
 person, and «t the time of sale to be wholly removed and taken 
 away in quantities of not less than three half pints or one half pint 
 at a time as tlio case may be. (Sec. 2, s.s. ;J). 
 
 Three half pints, where bottled liquor is sold is to be equivalent 
 to five quarter pints Imperial measure (Sec. 'J, s.s. ;')). 
 
 rem/th's—First offence, $20 to $50 or one month ; seconil 
 offence, $40 to $60 or two months ; third offence, three months (Sec. 
 H6). 
 
 40. Shop licensee permitting consumption on premises. 
 
 A shop licensee must not allow li(iuors sold by him or in his 
 possession to be consumed within his shop, or within the building of 
 which such shop forms part, or which communicates by any 
 entrance with such shop, either by the purchaser thereof, or by any 
 other person not usually resident within such buildinj;-, under the 
 penalty in money and costs imposed by Sec. 72 of this Act, (Sec. 62j. 
 
 remtlty—%hO to $100 or three months. 
 
 4 1 . Shop licensee having otiier goods for sale in liquor store. 
 
 If any commodity other than mineral or aerated waters (not 
 containing spirits) ginger ale, liquor cases, bottles, liquor baskets, 
 packages, taps or faucets, is or are sold or exposed for sale in any 
 licensed shop the license shall be void, the licensed person may be 
 convicted of selling liquor without license, and such conviction shall 
 be conclusive evidence that such person has ceased to be the holder 
 
 of a license. 
 
 But the licensee may keep and sell cigars in unbroken packages 
 of not less than fifty cigai's, or fifty cigarettes, or five pounds of 
 tobacco, to be taken aw^ay, and not to be used or consumed on the 
 premises (Sec. 33, s.s. 2). 
 
 PenaltieM—Firfit offence, $50 to $100 or three months; second 
 offence, four months ; third offence, six months. (Sec. 72.) 
 
 42. Shop licensee selling non-intoxicating liquors by retail. 
 A shop licensee must not sell tlie mineral or aerated waters or 
 
 39. Reid V. McWhinnie 27 Q. B. 289. R. v. Cunerty 26 O. R. 51. R. v. Denham 
 35 U. C. R. 503. R. V. Faulkner 26 Q. B. 529. R. v. Strachan 20 C. P. 182. 
 
 40. R- V. Scott, 26 O.R. 646. 
 
 i 
 
18 
 
 THE LiyiOR LICENSK ACT 
 
 glnj?or ale, mentioned in section 83, in less quantities than one-half 
 dozen bottles, under the sumo penalty as is piovided for a broach of 
 section 62 of this Act. (Sec. 83, s.s. 8). 
 
 Pt'iiatfh's.—VirHt oft'ence, ^50 to ^100, or three months; second 
 offence, four months; third offence, 6 months. (See. 72). 
 
 4.*{. Shop licensee permitting consumption of non-intoxicating 
 liquor in store. 
 
 A shop licensee must not allow the mineral or aerated waters or 
 ginger ale, mentioned in section 88, to be consumed upon the li. 
 censed premises undci- the same penalty as is provided for a breach 
 of section 62 of this Act. (Sec. 88, s.s. 8.) 
 
 Pt'nalfies.— Firm offence, ^hO to $100, oi' three months; second 
 offence, four months; third offence, six months. (Sec. 72.) 
 
 44. Internal communication between store and liquor depart- 
 ment. 
 
 Any licensed shopkeeper who makes or uses or allows to be made 
 or used any internal communication between his licensed premises 
 and any shop or premises in which other goods arc sold shall bo 
 liable to the following : 
 
 Penalties.— {For every day or part of a day.) First offence, $20 
 to $50 or one month ; second offence, forfeiture of license, which 
 becomes void. (Sec. 77, s.s. 2.) 
 
 WHOLESALE LICENSES. 
 
 45. ''License by wholesale,'' or ''wholesale license,'' interpre- 
 tation of. 
 
 "License by wholesale," or "wholesale license," shall mean a 
 license for selling, bartering or trafficking by wholesale only in such 
 liquors in warehouses, stores, shops, or places other than inns, ale Or 
 beer houses, or other houses of public entertainment, in quantities 
 not less than five gallons in each cask or vessel at any one time: 
 and in any case where such selling by wholesale Is in respect of 
 ^.ottled ale, porter, beer, wine or other fermented or spirituous liquor, 
 ach such sale shall be in quantities not less than one dozen bottles 
 of at least three half-pints each, or two dozen bottles of at least three- 
 fourths of one pint each, at any one time. (Sec. 2, s.s. 4). 
 
 I 
 
THE LIQUOR LICENSE ACT 19 
 
 40. IVholesale and Brewers licenses. 
 
 Brewers, distlUorH, and other persons manufactniing liquor bo- 
 fore selling tlie same by wholesale for consumption in Ontario 
 must first obtain a license under this Act. (Sec. 51, s.s. 2 ) 
 
 Penaifk's. — First ott'ence, $20 to |50, or one month ; second 
 offence, ij^AO to $60, or two months ; third offence, three months. 
 (8ec. 86.) 
 
 47. l4^holesale licensees selling by retail. 
 
 Wholesale licensees and brewers must not sell ale and beer 
 (other tlian lager beer) in casks of less than 10 gallons wine measure, 
 or lager beer, in casks of less than 4 gallons wine measure, or in 
 bottles loss than one dozen of three \ pints, or two dozen of throe, 
 fourths of one pint each at any one time. (Sec. 51, s.s. 2.) 
 
 Penalfiea. First offence, $20 to $50, or one month ; second 
 offence, $40 to $60, or two months ; third oft'ence, three months. 
 (Sec. 86.) 
 
 48. Unlawful sales to unlicensed persons. 
 
 If any person residing or carrying on business in any city, town 
 or village by himself or his partner, servant, clerk, agent * or other- 
 wise sells or delivers intoxicating liquors of any kind to any person 
 residing in the same place not entitled to sell liquor, and who sells 
 such liquor, or who buys for the purpose of re-selling, will be guilty of 
 an offence under this Act, unless it appears that he had reason to be- 
 lieve and did believe that such person to whom the liquor was sold or 
 delivered was duly licensed to sell, or did not sell unlawfully, or did 
 not buy to re-sell. (Sec. 64.) 
 
 Penalties. — First offence, $20 to $50, oi' one month ; second 
 offence, $40 to $60, or two months ; third offence, three months. 
 (Sec. 86.) 
 
 47. Reid V. McWhinnie, et al 27 Q. B. 289. R. v. Faulkner, 26 U. C. R. 529. 
 R. V. Scott, 34 Q. B. 20. R. V. Denham, 34 U. C. R. 20. Bowie v, Gilmour (not 
 reported.) 
 
 •R. V. Alexander, 17, O. R. 458. 
 
 I 
 
-21) 
 
 THE LigiOR LICKNSE ACT 
 
 49. IVholesalc luensivs permittiufi con sumption on premises. 
 
 No person having a llconsc to soil by wholosalo must allow 
 liquors sold by hlin, or in his possession tor sale, and for the sale or 
 disposal of which a license is required, to be consumed within his 
 warehouse or shop, or within any buildln«- which forms part of or is 
 appurtenant to, or which communicates by nny entrance with any 
 warehouse, shop or other premises wherein uny article to Iw sold or 
 disposed of under such license is sold by retail, or wherein there are 
 kept any broken packages of such ai tides. (Sec. 63). 
 
 A'//rt/^/V,y.— First oftbnce, ^20 to ^.50, or one month: second of- 
 fence, 340 to ^60, or two months; third offence, three months. 
 (Sec. m.) 
 
 49. R. V. Halliday, 21 App. R. 4a. 
 
■»F 
 
 THE Liyt'OR LICENSE ACT 
 
 21 
 
 PART III. 
 
 Prohibiiki) Hours kor Skulino, Ktc. 
 
 50. All places to Iv closed betveeen Saliirdav and Monday. 
 
 In ovory pUice where intoxicating liquors are Huthorized to be 
 sold by wliolosalo or retail, including chemists' and druggists' stores, 
 (Sec. 52, s.s. 6), no sale or other disposal of said liquors shall take 
 place therein, or on tlie premises thereof or out of or from the same 
 to any person or persons whomsoever 
 
 (a ) from or after the hour of seven o'clock on Saturday 
 night till six o'clock on Monday morning there- 
 after; or 
 
 (b) between the hour in townships, vallages and unor- 
 ganized territory, of ten o'clock, and in cities and 
 towns, of eleven of the clock in the evening of any 
 day of the week, and the hour of six o'clock in the 
 forenoon of the following day * ; or 
 
 (c) at any other time on said or other days during which 
 the same, or the bar room or bar rooms thereof, 
 ought to be kept closed by any Statute in force in 
 this Province, or by any By-Law or any resolution 
 of the Board of License Commissioners of the license 
 district in force in the municipality wherein such 
 place 01" places may be situated ; 
 
 save and except in cases where a requisition for medical purposes 
 
 60. R. V. South wick, 2i O.R 670. R. v. Rod well, 5 O.R. 186. R. v. White, 21 
 C.P. 354. R. V. Hoggard. ;, > Q.B. 152. R. v. Cavanagb. 27 C.P. 537. R. v. Parlee, 
 23 C.P. 359. R. V. French, 34 U.C.R. 403. R. v. BlacU. 43U.C.R. 180. R. v. Breen, 
 36 U.C.R. 84. R. V. Fee, 13 O.R. 590. R. v. Voung. 7 O.R. 88. McAlpine v. Town- 
 ship of Euphemia, 45 U.C.R. 199. R. V. Duquette, 9 P. R. 29. R. v. Walsh, 18 C.L.T. 
 p. 10. Saunders v. Thorney, Q. B.D., (Late En«^lish Case). 
 
 * Any Regulation of tlie License Commissioners extending the time for ItmS^Ui^^iL^fam 
 beyond the above restrictions will be void and of no effect. (Sec. 55, s.s. 2.) 
 
■ TIIK LIV>L'OK Lk'KNSK ACT 
 
 signed by ii licotiHcd nio<lieul pnictitionor, or by a JiiHtico of the 
 Poaco, is produced by tho voiidno or IiIh nf^ont. 
 
 Nor hIuiII iiiiy hucIi li(|iior, whotluM' Hold or not, tm ()orinittod or 
 allowed to l)o drunk In any hucIi placos during tho tinio prohibited 
 by this Act for the Htilo of the Hiiino, except by tho occupant, or Homo 
 member of his family, or lodger In hl.s houNe. (Hecs. 04 and hb.) 
 
 Pemtlfh'M. —FivHt ort'ence, |20 to $40 or fifteen days; .second 
 offence, 940 to $H0 or twenty days: third offence, 380 to $100 or 
 fifty days; and forfeiture of license and disqualification for two 
 years. (Sec. 73.) 
 
 Where a prior conviction or convictions have »-oen liad for the 
 offence (a ) of selling or disposing ofli(|Uor i)otween the hour of seven 
 on Saturday niglit and six on Monday morning the Inspector should 
 prosecute as for a second or subsequent offence and if ho knowingly 
 or wilfully omits to do so ho will incur a penalty of not less than 
 910 and not more than 9^0. 
 
 Tho onus of establishing that it was not for a violation during 
 the siiid hours from Saturday night until Monday morning lies upon 
 tho defendant. (Sec. 54, s.s. 2.) 
 
 5 1 . "Bar rooms, when to be closed. 
 
 Tlio keeper of any licensed tavern in a city or town shall keep 
 the bar room, or room In which liquor is trafficked in, closed as 
 against all persons other than those permitted to enter the same 
 under clauses (a) and (h) of this section, between the hours of seven 
 o'clock on Saturday night and six o'clock on Monday morning there- 
 after; and any keepoi- of such licensed tavern who allows or suffers 
 any person or persons to frequent or to be present in such bar room 
 or room in which liquor is trafficked in during the time aforesaid, 
 shall be guilty of an offence under this Act, unless it is established 
 to the satisfaction of the Police Magistrate or other .Tustice or Jus- 
 tices before whom the prosecution is heard, 
 
 (a) that the person so found frequenting, or present in 
 the bar room where liquor is trafficked in as afore- 
 said, was at the time he or she so frequented or was 
 present in such bar room, a raembei- of the family or 
 household (other than lodger, boarder, or guest), or 
 a servant, or employee of such keeper actually en- 
 gaged in necessary domestic occupation or service 
 within the said bar room. 
 
 61* R. V. Hoggard, 30 U.C.R. 152. Newman v. Earl of Hardwick, 8 A. & E. 124 
 
TIIK LigrOK IJt'ENSK ACT it) 
 
 (ft) or, that Hii(!h pornon was proMcnt thorcln lawfully on- 
 pif^od In rocoiviiiK or Miipplyini^ liquor which iiil^ht 
 lawfully ))o MolU during ><ai(l prohihitiHl hourM. 
 
 Tho word "kcopor" whoii unod in thi?* Hoetion shall liu'ludc fho 
 person arfunlly contra von iiiK tho provisions of this section, whotlior 
 acting on l)ohalf of hiniself or of another or others, and tlie actual 
 offender as well as the "keeper" of the liceiiHod tavern shall ho |»er- 
 sonally liahlo to the penalties and punishinents which may >m> iin- 
 posed for the infraction or viohition of this section, and at the pro- 
 Hocutor's option tho actual olfonder may he prosecuted iointly with 
 or separately (rom the keeper, but both of them shall not he con- 
 victed of tlie same olVencc and the convhtion of one of them shall 
 bo a bar to tho conviction of the other of tlumi therefor. (Sec. M.) 
 
 Pt'ntitfh's.—VU'Ht oll'enco. 3-^ to 9^*^ or one month; second of- 
 onco, 340 to $t)() or two months; third otfenco, tliree months. 
 (Sec. H6.) 
 
 52. Light in bar room presumptive evidence. 
 
 In cities, towns and incorporated villages in all cases whore a 
 light Is soon burning In tho bar room of a tavern or saloon wliero 
 liquor is trattickod in at any time during wliich tlie sale or othor 
 disposal of liquors is proliiblted by any provision of this ,\ct, any 
 such fact wljon proved will be pt'ittm forie evidence that a sale or 
 othor disposal of liquor by the keeper of such tavei'n or other place 
 has taken place contrary to the provisions of this Act. (Sec. 110.) 
 
 53. Persons found in bar rooms. 
 
 Every person, not liable or exempt under section nO, found in n 
 bar room during the prohibited hours in said section mentioned, is 
 guilty of an ottence and liable to a penalty for each otience of not 
 loss than $2 and not more than ^10, and in default of payment there- 
 of the defendant may be imprisoned for a period not cx(!ecding 
 thirty days. (Sec. 57.) 
 
 54. Tersons obtaining or applying for liquor. 
 
 Every person not being the occupant, or a member of his family, 
 or lodger in his house, who buys or obtains, or attempts to buy or 
 
 54. R. V. Souihwick, 21 O.R. 670. 
 
 1 
 
ti IMK l.lv>l(>K l.li KNMK ACT 
 
 nhiiiin intoxicating ii«|iioi' iliirinN: tlio tiim* proliihiiiMl by thin Act lor 
 tin* hhI«» tlH»ict>r in »in> pinco wIhti* flii» hiimip !"« or niny bo hoIiI by 
 wlioioNiilo or rrttiil In guilty of an oti'onco under tliin Act and nIihII 
 \h) liablo to a |NMWilty tor oacli olVonco of not nioiv tlian fio and not 
 loMM than 9'J l>osidcH costH. Miit tlic .M/iKintrato or .liHticM on tlio pro- 
 Mociition of any offonco against iho pruviMions of HulKMOction I of 
 stMtion r>4 niny, liaviiiK toward to ilMMlonioanor of any witncNM and 
 liiN okmIc of ^ivinK liiH (>vidcnco, by c(M'tificalo in thai ticlialf, ex- 
 (MMpt any p<M'Non from tlio o|)oration of tliis miction r)U and from ail 
 proccodin^H and iNMiaitirs iliorcMindcr in roHpi>ct (»f tin* Hiibjcct matter 
 of Hiicli complaint. (S(;c. ;V,».) 
 
 55, 'PfflllUli iliU'S. 
 
 Tliat Is to say, on any polhiiK day for or at any pnrliamnntnry 
 or municipal election or elecrtion of a meml)cr for the Legislative 
 Assenddy. oi* (»n any day in which a vote under f lie Canada Tem|)cr- 
 ance Act is beinp taken f'rmtt or af'tvr si.r in tin- ntorHtuff of thf miid 
 iliiff inttil tin- I'olhtirhnj hurt' til iliiif iif si.i' n'r/in'f,- in tin- iiinruimj no Hjile 
 or other disposal of liquor shall take place in any liceuMcd premiscN 
 within the limits of a polling Hub-division. (Sec. fiH.) 
 
 I'i'mltiiH, First offence. ^'2^) to 3«'»0 or one month : second of- 
 fence. 340 to ^(10 or two months: third offence, three months. 
 (Sec. M.) 
 
 50. Vessels, liriiifn'iiM on, pivhiNtcd. 
 
 |NoTE— Soetion 59 of K..S.n. 1hh7, c. 194 has been omitted from 
 Cap. of the R.S.O., 1807. No license can now be issued for the sale 
 of liquor on any vessel navipatinp any of the ^'reat lakes or rivers St. 
 Lawrence or Ottawa, or any of the inland waters of the Province of 
 Ontario, noi- can any liciuor be sold or kept for sale in any I'oom or 
 place on any such vessel. (.')(} Vic. c. oH. s 2, .s.s. 2.)] 
 
Till-; l.iyi t"" l.ll'KNSK ACT 
 
 l»AKT l\ . 
 
 Misihi.i,.\Ni;i>i s I'komsidns. 
 
 57. t/lppt'iils. 
 
 Tho (lor«'M(laiil'.H ri^lit to npp<>nl iiiulcr this Act Is liiiiltod to cnMcs 
 wlioiv tlio iMM'soii convlctnd is a iiconsoc, or tlio ronvictioii is for 
 any ort'onco coininittod on or witli ros|KHt toliffiisi'd pri'inisos, 
 
 Tho appt'al is to tin* Comity .lud^'c sittinK '•• Cliainlwrs willioiif a 
 jury. 
 
 Notico of'app<MiI must l)o kIvoii to tlio prosocutor or coniplainaiii 
 within five days aftor dato of ionviition. (See. I |H). 
 
 Hn l)oluilf of tho prosociition an api^al will lie to tho Coiiniy 
 .liidKO sitting in riianihors w ithout a Jury, in all ca^os in which an 
 ordor han been made by a .histlco dismissinK '»n information or com- 
 plaint laid by an Inspector or any one on Ids behalf for contraven- 
 tion of any of the provisions of thiH Act, provided the Attorney ,| 
 Ooncral of tho Province so dirocts, and notice of appeal is ^dvon to 
 the defendant or his solicitor within fifteen days aftor the dato uf 
 such order of dismiHsal. (Sec. 1 18. s,s. 0.) 
 
 Where the penalty of imprisonment is adjudged, unless the de- 
 fendant so appoalin^^ remains in custody, ho must enter into a 
 recognizance with two sufHciont sureties in the sum of ^l'OO. ; 
 
 If only a penalty oi* sum of money is adjudged to be paid, the 
 defendant, instead of remaining in custody, may give such recogni- 
 zance, or may deposit with the convicting Justice or Magistrate tho 
 
 57. R. V. Johnson, .^o I'.C.R. 4J.^. /« re Walts & Kiiu-ry, 5 P.K. J67. U. v. Rich- 
 ardson, 8 O.K. 651. U. V. Cir.iinKer 46 I'.C.R. ^Sj. R. v. Voun>f, 7 O.K. 78. R. v. 
 ScotI, 10 P.R. 5i"7. /« rf Brown *t \Vallaci«, 6 P.R. 1 . R. v. Firniin, ^3 y.B. 523. 
 R. 7'. l-ynih, 12 O.R., 372. R. v Lake. 7 P.R. 215. R. v. Clarke 44 I'.C.R. 385. 
 Jackson 7'. Kassel, 26 IJ.C. R. 341. AV Wilson and the y.S. of Huron, 23 I'.C.R. 301. 
 Reed j-. iMcWhinnie, 27 U.C.R. 289. Cornwall t. the (Jiicen 33 I'.C.R. 106. Cieniniill 
 1'. Garland, 12 O.K. 142. R. v. Hoodluss, 45 I'.C.R. 556. Northcole v. Krtinker, 14 
 app. 378. R. 7'. Cunerty, 26 O.K. 51. R. v. Walsh, ^^'^ C.I..J. 537. 
 
86 
 
 THE LigUOR LICKNSK ACT 
 
 amount of the penalty and costs and a furthor siun of $25 to answer 
 respondent's cost of appeal. (Sec. 1 IH, 8.s. H). 
 
 The practice and procedure upon appeal and all the proceeding.s 
 thereon, so far as the same is not inconsistent with this Act, will be 
 governed by ^^Thc Act n'sfwrthnj the jnuM-cdniw on Ap/n'n/s to the Juihje 
 of a Count 1/ Con I't from ntnintKN'}/ mitricttons." (Sec. IIH, s.s. 8.) 
 
 |Seo No. Gil as to convictions in apjieal and rijjht to 
 amend.) 
 
 58. Cir/tjiuitt's of tih'dical practitioners and Justices to be bona 
 
 fide. 
 
 Any medical practitioner or .Justice of the Peace who colorably 
 gives a certificate or requisition for medical purposes without which 
 liquor could not hiwfuUy be obtained from a chemist or druggist, to 
 enable or for the purposv' of enabling any person to obtain liquor to 
 drink as a beverage, shall for the first offence be liable to a penalty 
 of not less than $10 nor more than $20, and for a second or any sub- 
 sequent offence, of not less than $20 nor more than $40. (Sec. 74.) 
 
 59. Commissioners and Inspectors not to talie nwney, etc., nor 
 
 issne licenses unlavefnlly. 
 
 It shall not be lawful for any License Commissioner or any In- 
 spector, either directly or indirectly to receive, take, or have any 
 money whatsoever for any certificate, license, report, matter or 
 thing connected with or relating to any grant of any license, other 
 than the sum to be paid therefor as the duty under this Act ; or to 
 receive take or have any note, security or promise for the payment 
 of any such money, or any part thereof from any person or persons 
 whatsoever ; and any person or persons guilty of, or concerned in, or 
 party to any act, matter or thing contrary to the provisions of this 
 S ^' tion, or of Sections 12 and 14 * shall forfeit and pay a penalty of 
 nol less than $50 nor more than $100, besides costs for every such 
 offence. (Sec. 68.) 
 
 59. R. V. Grainger, 46 U.C.R. 196. R. v. Johnson, 30 U. C. R. 423. R. 7'. Roddy, 
 41 U. C. R. 291. 
 
 * Section 12 provides for payment of license duty before issue of license. 
 
 Section 14 provides tliat no license shall be issued to sell on Exhibition days, either 
 on the grounds or within 300 yards therefrom. 
 
THK LiyUOR LICKNSE ACT J7 
 
 And if any License Commissioner, Inspector or other person 
 Icnovvingly issue or cause or procure to bo issued, contrary to the 
 provisions of this Act, a tavern or sliop license or a certificate 
 therefor, lie will incur the following 
 
 Penaltij. — $40 to $100 or three months for each oft'enco. (Sec. 
 60.) 
 
 (U). Commifmciits. 
 
 Commitments on several convictions where imprisonment is im- 
 posed are to be consecutive and not concurrent. (Sees V2 and .^7.) 
 
 The costs and charges ot the commitment and conveyance of tlie 
 defendant to prison can be enforced in and by, but must be ascer- 
 tained and stated in the warrant of the commitment. (Sec. f^O.i 
 
 6 1 . Compromi'siiiii or iomponniiiuii offences. 
 
 Any person who, having violated any of the provisions of this 
 Act, compromises, compounds or settles, or offers, or attempts to 
 compromise, compounder settle the offence with any person or per- 
 sons, with the view of preventing any complaint being made in re- 
 spect tliereof : or if a complaint has been made with the view of 
 getting rid of such complaint, or of stopping or having the same 
 dismissed for want of prosecution or otherwise, and every person 
 concerned in or is a party to such compiomise, composition or settle- 
 ment is guilty of an offence under this Act. (Sec. 8;J.) 
 
 Penalty. — Three months in gaol |no fine.] (Sec. H3) 
 
 62. Constables and officers dnties. 
 
 It is the duty of every officer appointed under this Act, and every 
 policeman, constable or inspector receiving information that theie is 
 cause to suspect that some person is violating any of the provisions 
 of this Act, to make diligent enquiry into the truth of such infor- 
 mation and enter complaint before the proper court without com- 
 municating the name of the person giving such information. (Sec. 
 129.) And in case of wilful neglect or default in so doing such 
 officer, etc., shall incur a penalty of $10 and costs for each and every 
 such neglect and default. (Sec. 1.34.) Any policeman so convicted 
 may be summarily dismissed. (Sec. 1.34, s.s. 2.) 
 
 61, In re Fraser and Escott, i L. J. N. S. 324. R. v. Mabey, 37 «J. B. 248. 
 {Intra vires) R. v. Boardinen, 30 U. C. R. 553. R. v. Allbright, 9 P. R. 25. 
 
I 
 
 88 THE LigUOK LICKXSK ACT 
 
 i\li. Omvii lions not void for certain lii'/irts. 
 
 No conviction or warnint enforcing the same or other process or 
 proceeding under this Act shall be held insufficient or invalid by 
 reason of any variance between the information or conviction, or by 
 reason of any other defect in form or substance, provided it can be 
 understood from such conviction, warrant, process or proceeding 
 that the same was made for an offence against some provision of this 
 Act, within the Jurisdiction of the Justice, Justices or Police IMagis- 
 trate, who made or signed the same, and provided there is evidence 
 to prove such offence, and no greater penalty or punishment is im- 
 posed than is authorized by this Act. 
 
 Upon any application to quash such conviction or warrant en- 
 forcing the same, or other process or proceeding, whether in appeal 
 or upon Itaht'ds corpuH or by way of veiiiorari, or otherwise, the Court 
 or Judge to which such appeal is made or to which such application 
 has been made upon haheas corpus or by way of r*'r//V)m»v' or otherwise 
 shall dispose of such appeal or application upon the merits, notwith- 
 standing any such variance or defect as aforesaid, and in all cases 
 where it appears that the merits have been tried, and that the con- 
 viction, warrant, oi- proceeding is sufficient and valid under this sec- 
 tion or otherwise, such conviction, warrant, process or proceeding 
 shall be affirmed, or shall not be quashed as the case may be, and 
 sucli Judge or Court may in any case amend the same if necessary, 
 and any conviction, warrant, process or proceeding so affirmed or 
 affirmed and amended, shall be enforced in the same manner as con- 
 victions affirmed on appeal, and the costs thereof shall be recover- 
 able as if originally awarded. (Sec. 1 05.) 
 
 63. R. V. Hartley, 20 O. R. 481. R. v. Hazen, 20 A. R. 6.13. R. v. Clarke, 20 O. 
 R. 642. R. V. VV^allace, 4 O. R. 127. R. v. Kennedy, 10 O. R. 396. R. v. Brady, 12 
 O. R. 35S. R. V. Menary, 19 O. R. 691. R. v. Cantillon, 19 O. R, 197. R. v. Luke, 
 7 P. R. 215. R. V. Allbright, 9 P. R. 25. R. v. Frawley, 24 U. C. R. 227. R. v. 
 Smith, 35 V. C. R. p. 522. R. v. McKenzie 6 O. R. 165. In re Ryer & Plows, 46 U. 
 C. R. 206. Bond V. Conmee 16 App. R. 398. R. v. Bennett, 3O.R. 45. R. v. Clarke, 
 19 O. R. 601. R. V. Edjfar, 17 O. R. 188. R. v. Young, 7 O. R. 88. R. v. Kennedy, 
 17 O. R. 159. R. V. Saunderson, 12 O. R. 178. R. v. Green, 12 P. R. 373. Reed 7^. 
 McWliinnie, 27 U. C. R. 289. R. v. Cavanagh, 27 C. P. 537. Wilson t'. Graybiel, 5 
 U. C. R. 227. R. V. Smith, 46 U. C. R. 442. R. v. Richardson, 20 O. R. 514. R. v, 
 Hodgins, 12 O. R. 367. 
 
THE LigUOR LICENSK ACT !i9 
 
 64. Costs. 
 
 In nil cases of convictions or orders made under tliis Act, soction 
 4 of The Ontario Suitnrnn'y Conrktions' Avt sliall apply. (Sec. US.) 
 
 [ll.S.O. 1897, c. 00. s, 4 : In all cases of summary conviction, or 
 of orders made by a Justice of tlie Peace, Police Mapistrnte or Sti- 
 pendiary ISIagistrate under this Act, the .Fustice, Police IMa^istnitc or 
 Stipendiary Magistrate may, in his discretion awnrd and order, in 
 and by the conviction or order, that the defendant shall pay to the 
 prosecutor or complainant, such costs as to the .Fustice, Police Magis- 
 trate or Stipendiary Magistrate seem reasonable in that behalf, the 
 same not being inconsistent with the fees established by law to be 
 taken on proceedings had by and before .Fustices of the Peace. 
 
 (2) In cases where the .Justice or Police Magistrate oi' Stipendiary 
 Magistrate instead of convicting or making any order, dismisses the 
 information or complaint, he may in his discretion, in and by the 
 order of dismissal, award and order that the prosecutor or complain- 
 ant shall pay to the defendant such costs as to the Justice or Police 
 JMagistrate or Stipendiary Magistrate seem reasonable and are con- 
 sistent with law. 
 
 (3) The sums so allowed for costs shall be specified in the convic- 
 tion or order for dismissal and shall be recoverable in the sjime 
 manner and undei- the same warrants as a penalty adjudged to be 
 paid by the conviction or order is to be recovered, and such costs 
 shall extend to and be deemed to include costs and charges of the dis- 
 tress, and also the costs and charges of the commitment, and con. 
 veying the defendant or the prosecutor, or the complainant, as the 
 case may be, to prison, the amount thereof being ascertained and 
 stated in such commitment. 
 
 (4) Where there is no penalty to be recovered or where the in- 
 formation or complaint is dismissed the costs shall be recoverable 
 only by distress and sale of the goods and chattels of the party. 
 
 Inspector's Costs, — An inspector will be allowed his costs, if he 
 travels more than three miles to attend court, as follows : 
 
 (a) The railway, or stage fare actually required to be 
 paid, or 
 
 ( b) The sum actually required to pay for hireof vehicle, or 
 
 (c) Ten cents per mile one way if his own vehicle is 
 used, and to cover all other expenses, $1.00 per day. 
 (Sec. 117.) 
 
 64. R. V. Wright, 14 O.R. 668. R. v. Rowlin, 19 O.R. 199. R. v. Clarke, 19 
 O.R. 601. R. V. Kennedy, 10 O.R. 396. R. v. Elliott, 12 O.R. 524. 
 
 . 
 
80 
 
 THE LigUOR LICENSE ACT 
 
 In any ease where the Inspector has prosecuted, if he obtained a 
 conviction and has been unable to recover the amount of costs the 
 same shall be made good out of the license fund, and if he failed to 
 obtain a conviction ho shall be indemnified against all costs out of 
 the license fund, should the Justice or Magistrate before whom the 
 complaint is made certify that such officer had reasonable and pro- 
 bable cause for preferring such prosecution or complaint. (Sec. 46.)] 
 [See also under commitment. No. 60.] 
 
 «5. Evidence, presumptive of . 
 
 Unlawful sales, Nos. 2 and 1], Part I. 
 Unlawful keeping, No. 4, Part I. 
 Unlawful consumption. No. 6, Part I. 
 Sales in Clubs, No 18, Part I. 
 Keeping in Clubs, No. 20, Part I. 
 
 Evidence of unlawful removal to evade conditions of license 
 No. .^.), Part II. ' 
 
 Light in bar presumptive evidence of sale, No. 52, Part III 
 Proving prior conviction, No. 84, Part IV. 
 Proving license, No. 13, part I. 
 
 6(>. Forfeiture of License, when. 
 
 A License becomes forfeited ipm facto, and will be absolutely null 
 and void if before the expiration of his license the licensee dies, or 
 sells, or by operation of law or otherwise assigns his business or re- 
 moves from the house or place in respect of which the said license 
 applies, unless within one month the license becomes revived by the 
 written consent of the License Commissioners pursuant to section 37 
 (Sec. 37.) 
 
 07. Forms. 
 
 .u Tm "" ^Z""^ ^'''^'' '" *^^ Schedules to this Act, or any forms to 
 th e like eff ect, shall be sufficient in the ca.ses thereby respectively 
 
 66. Westbrook v. Wbeeter, 25 O.R, 559. 
 
 67. /« /» Wifeon & The Qu.ner Sessions of Huron, 23 U.C.R. ,01 Corn».l] , 
 T .e Sueen, 23 U.C^. .c6 R. „. „„„„„ „ o.R. 48,.' R. .. l^^L.^ZToZ: 
 
 Gin,. ^-^iTiv ■ " °"- - '"■ ^- '■ "'"'•""■• « "■=•■*• ^^ ^- '■ 
 
THK LigLOU LICKNSK ACT »1 
 
 provided for, and where no forms are proscribed by the Schedules 
 now ones may be framed according to those appended to the Act of 
 Canada entitled An Act res/H'ctituj stfminart/ pi'iMwed'nHjs hi'lmw Jhs- 
 firen of tho I't'itce* or, 77/f^ Act tws/H'rfhu/ the jn'ocetftnu' on Aftfrnih 
 to the Jtiiifft' of the Couiitt/ Cont'f I'i'oin stimtiHirtf vonrirfions, or any 
 Acts amending the same respectively, such forms being made short 
 and concise in the mode indicated in the Schedules to this Act which 
 shall serve as guides so far as the particular case will allow. (Sec. 
 10:i). 
 
 (\H. Habitual dmnkanis, rest rid ions a^niainst. 
 
 If it appears in open Court that any person residing in the county 
 where the Coui't sits, and summoned before such Court, by excessive 
 drinking of liquor mispends, wastes or lessens his estate, or greatly 
 injures his health, or endangers or interrupts the peace and happi- 
 ness of his family, the Police Magistrate or .Justice holding such Court 
 shall by writing forbid any licensed person in that or any other 
 county town or district to sell to him any liquor for the space of one 
 year. 
 
 And any person with a knowledge of such prohibition who gives, 
 sells, purchases or procures for or on behalf of such prohibited per- 
 son, or for his or her use any liquor, shall upon conviction incur for 
 every such offence a penalty of not less than $25 and not exceeding 
 
 And any person so prohibited or notified, his servants or agents, 
 w^ho shall violate this section, shall for a first ottence be liable to a 
 penalty not exceeding $20, and for a second and any subsequent 
 ot!'ence, to $20 and not exceeding $.oO. (Sec. 124.) 
 
 [This prohibition may be set aside by the County .Tudge. 
 (Sec. 124, s.s. 4.) ] 
 
 If any person licensed to sell, or who sells or is reputed to sell 
 intoxicating liquor of any kind, personally or by his clerk, servant 
 or agent (otherwise than in terms of a special requisition for medi- 
 cinal purposes, signed by a licensed medical practitioner) delivers, 
 or in or from any building, booth or place occupied by him and 
 wherein or wherefrom any such liquor is sold, suffers to be de- 
 
 * See Part 58 of the Criminal Code. 
 
 08. Austin V. Davis, 7 App. R. 478, p. 484. Northcote v. Brunker, 14 App. R. 
 364. Gleason f. Williams, 27 C. P. 93 Thornley z/. Reilly, 17 A. R. 204. Harris v. 
 Johnston, 3 O.K. 100. 
 
IVi 
 
 THE LigUOR LICENSE ACT 
 
 livercd any such liquor to any person who has the habit of drinkinfj; 
 liquor to excess at any time within twelve months after having been 
 notified in writing not todo so by such person's husband, wife, parent, 
 child of twcnty-ono years or upwards, brother, sister, master, guard- 
 ian or employer, or by the parent, brother or sister of the husband or 
 wife of such person, or by tho guardian of any child of such person, or 
 by the Inspector if required by any one of said persons, such person 
 so violating this section will incur a penalty upon conviction not ex- 
 ceeding $r)0. (Section 125.) 
 
 Aftei' service of the said notice, if any other person with a know 
 ledge thereof gives, sells, or purchases for or on behalf of the person 
 with regard to whom tho said notice has been served, or for his or 
 her use, any liquor, such other person shall upon conviction incur 
 for every such oflfence a penalty of not less than $25 and not exceed- 
 ing $50. (Sec. 125, S.S. 2.) 
 
 (i9. //// . 'ions. 
 
 All iniormations or complaints for the prosecution of any ottcncc 
 against ;uiy of tht provisions of this Act shall be laid or made in 
 writing before any .lustioo of the Peace for the county or district in 
 which the offence is alleged lo have been committed, and may be 
 made without any oath pr affirmation to the truth thereof and the 
 same may be according to the form of Schedule E to this Actor to 
 the like effect. 
 
 7(). Informations, descriptions in and amendments to. 
 
 In describing oft'ences respecting the sale or other disposal of 
 liquor, or the keeping, or the consumption of liquor in any informa- 
 tion, summons, conviction, warrant, or proceeding under this Act, 
 it shall be sufficient to state the sale, disposal, keeping, or consump- 
 tion of liquor simply, without stating the name or kind of such 
 liquor, or the price thereof, or any person to whom it was sold or 
 disposed of, or by whom it it was consumed ; and it shall not be 
 
 70. Reed v. McWhinnie, 27 U.C.R. 289. R. v. Breen, 36 U.C.R. 84. R. v. King, 
 20C.P. 246, R. 7'. Alward, 25O.R. 519. R. v. Bennett, 3 O.R. 45. R. w, Clarke, 
 ii)O.R. 601. R. V. McCarthy, 11 O.R. 657. R. v. Roe, 16 O.R. i. Crawford v. 
 Beattie, 39 U.C.R. at pp. 29, 30. R. v. Cavanagh, 27 C.P. 537 at p. 540. Stoness v 
 Lake, 40 U.C.R. p. 327. 
 
TIIK LIV}'jOK license act 88 
 
 nocossary to state the quantity of liquor so sold, disposed of, kopt, 
 or consumed, except in ilie case of ott'ences wliere tlie quantity is 
 essential, and then it shall l)e sufficient to allep^e the sale or disposal 
 of more or less than such quantity. (Sec. 102.) 
 
 At any time before Judgment any information may be altered or 
 amended and any other offence substituted, but if it appears that 
 the defendant has been prejudiced by such amendment, the hearing 
 of the case shall be adjourned to some future day. (Sec. 104). 
 
 71. Information, Summons and procedure before Justices. 
 
 [Note. — "Where a penalty or punishment Is imposed under the 
 authority of any Statute of the Province of Ontario . . . 
 and is recoverable before, or may be inflicted by a Jus- 
 tice of the Peace, or a Police or Stipendiary Magistrate, 
 the like proceedings and no other, shall and may be had 
 for recovering the penalty, compelling the attendance of 
 the parties or witnesses, hearing the complaint, and for 
 the conduct of the Court, the taking and estreating of 
 recognizances, and the infliction of the punishment and 
 otherwise in respect thereof, and the convicting Justice, 
 or Police or Stipendiary Magistrate shall perform the 
 like duties in respect thereto, and in respect of any con- 
 viction or order made by him or them by virtue of such 
 statute, as under the Statutes of the Dominion of Canada 
 then in force might be had and should be performed, etc. 
 (R.S.O. 1897, Cap. 90, Sec. 1. See Part LVIII of The 
 Criminal Code, 1892). ] 
 
 72. Interpretation clauses. 
 
 See "Beer and Wine License," No. 24, Part II. 
 
 71. -^« re Watts & Emery, 5 P.R. 267. R. v. Ferguson, 3 O.S. 220. R. v. Green 
 12 P.R. 373. R. V. Strachan 20 C.P. 182. R. v. Sutton, 42 Q.B. 220. R. v. Bennett, 
 3 O.R. 45. R. V. Taylor, 36 Q.B. 183. R. v. Eli, 10 O.R. 727. R. v. Ryan, 10 O.R. 
 254. R. V. Klemp, 10 O.R. 143. R. v. Ramsay, 11 O.R. 210. R. v. Sproule, 14 
 <^>R- 37S» ^' ^* Rurn'oij '4 O.R. 672. R. v, Gonlais, 14 O.R. 613. R. v. Mabee 
 17 O.R. 194. R. V. Kennedy, 17 O.R. 159. R. v. Edgar, 17 O.R. 188. R. v. Clarke, 
 
 19 O.R. 601. R. V. Menary, 19 O.R. 691. R. v. Gordon, 16 O.R. 64. R. v. Hartley, 
 
 20 O.R. 481. Crume w. Hunt & VVaper, 26 O.R. 641. R. v. Grant, 34 C.L.J. 171. 
 /« re Zickrick, 33 C.L.J. 91, 249. 
 
IVl TIIK I.IVJI'OW l-ICENSE ACT 
 
 Soo <'LlquorH," No. 75, Part IV. 
 " "Shop Liconso," No. IV.), Piirt IF. 
 " '•Tavorn Mconso," No. i\H, hut 11. 
 " "WholoHuIo License," No. 45, pjirt II. 
 
 73. Jniisiihf/oii of Justices. 
 
 One .Justice of a County, where off'once committed, hiw jurisdic- 
 tion in all prosecutions excepting under Sections 41), 50, 54, 02, OH, 
 72, and 81, or any section for the contravention of which a penalty 
 or punishment is presciibed by Sec. 80, the prosecutions under which 
 must be before two .lustices (Sec. 97) or a police magistrate, (See li. 
 S.O. 1897, c. 87, s. m.) 
 
 Hut where an appeal lies against a conviction to the County 
 Judge for any offence committed in a township, or in an incorpor- 
 ated, or police village, or in an unorganized district, one .Justice may 
 hear and convict. (Sec. 97). 
 
 74. Limitation of proscriitions. 
 
 All informations or complaints must be laid or made in writing 
 within 30 days aftei* the commission of the offence, (Sec. 95.) 
 
 ■ Uv 
 
 75. ''Liquors' or '"Liquor," interp/vtatioii of. 
 
 "Liquors" or "Liquor," include all spirituous and malt liquors, 
 and all combinations of liquors and drinks and drinkable liquids 
 which are intoxicating. (Sec. 2, s.s. 1). 
 
 76. Members of municipal corporations violating Act. 
 
 If a member of any Municipal Council is convicted of having 
 knowingly committed any offence under this Act he is liable, in ad- 
 dition to any other penalty prescribed by this Act, to forfeit and 
 vacate his seat and be ineligible to be elected to or to sit or vote in 
 any Municipal council for two years thereafter, and if any such 
 
 73. R. V. Gully, 21 O. R. 219. R. v. McGowan, 22 O.R. 497. R. v. Gordon, 
 16 O.R. 64. 
 
 74. R- V. Lennox, 34 Q.B. 28. Williams v. Burgess, 12 A. and E. 635. R v, 
 Strachan, ?oC.P. 182. 
 
 75. R. V. Beard, 13 O.R. 608. 
 
TIIK LHJIOU I.IcKVSK ACT iU 
 
 mombor nftor tho forf'oituro aforcHaid sits or votes in any ^Iiinicipal 
 Council lie will incur a penalty of ^40 for every day ho so sits or 
 votes. (Sec. 71.) 
 
 77. Muniiipal officers viohitinii ^'ict. 
 
 Tf any ofHcor of any municipal corporation is convicted of having 
 knowingly committed any ott'encc under this Act, he shall, in addi- 
 tion to any other penalty prescribed by tho Act, forfeit and vacate 
 his ofnce and be disqualified from holding any municipal ottlce in 
 Ontario foi' two years thereafter. (Sec. 70). 
 
 78. Tiiicilfii's undiT Scdioiis 72, 7?, ciini S6. 
 
 72. Any person who sells or barters spirituous, fermented or 
 manufactured liquors of any kind, or intoxicating liquors of any 
 kind without the license therefor by law required, shall for the first 
 offence on conviction thereof, forfeit and pay a penalty of not less 
 than ^.'^O besides costs and not more than ^100 besides costs; and in 
 default of payment thereof he shall be imprisoned in the county gaol 
 of tho county in which the offence was committed, for a period of 
 not less than three months, and to be kept at hard labor in tho dis- 
 cretion of the convicting Magistrate ; and for tho second oftcnce, on 
 conviction thereof, such person shall be imprisoned in such gaol for 
 the period of four months to be kept at hard laboi' in the discretion 
 of the convicting Magistrate ; and foi- the third or subsequent ofi'ence, 
 on conviction thereof such person shall be imprisoned in such gaol 
 for the period of six months to be kept at hard labor in the discre- 
 tion of the convicting jNlagistrate ; and in the event of the imprison- 
 ment of any person upon several warrants of commitment under 
 different convictions in pursuance of this Act, whether issued in de- 
 fault of distress for a penalty or otherwise, the terms of imprison- 
 ment under such warrants shall be consecutive and not concurrent. 
 
 78. R. V. Hazen, io A. R. 633. R. v. Hartley, 20 O.R. 481. R. v. Soiithwick, 21 
 O.R. 670. R. V. Clarke, 20 O.R. 642. R. v. Smith, 46 U.C.R. 442. R. v. Strachan, 
 20 C. P. 182. R.V.Smith, 16 O.R. 454. R. v. Logan, 16 O.R. 333. R. v. Brady, 
 12 O.R. 358. R. V. Lynch, 12 O.R. 372. R. v. Menary, 19 O.R. 691. R. v. Sparham, 
 8 O.R. 570. 
 
M TIIK LigrOK I.ICKNSK ACT 
 
 ^7!K OtVoncos a^ninst SiibHOction 1 of Section ^4 of thlH Act, Nhall 
 bo puniHhablo on Niimniary conviction an follows : 
 
 (a) For the first ortbnce, by tho imposition of a penalty 
 of not less than 9'2i), and not more than $40, besides 
 costs. 
 (h) For the second ofll'enco, by the imposition of a penalty 
 of not less than 940, and not more than 9H0, besides 
 costs, or twenty days' imprisonment with hard lalwr. 
 (c) For the third otlonco, by the imposition of a penalty 
 of not less than $80, and not more than 9100, besides 
 costs, or fifty days' imprisonment with hard labor, 
 and such conviction for n third oft'enco shall, in ad- 
 dition to any other punishment by law provided, 
 ipso/iH'fo, operate as a forfeiture of tho license held 
 by the person so convicted, and disqualify him from 
 obtaining a license for two years thereafter. 
 Wherein any such conviction a penalty in money is imposed, 
 under the preceding subsection the Justice shall order or adjudge 
 that the same and any sums also awarded for costs may be recoverable 
 by distress and sale of the goods and chattels of the defendant, and 
 that in default of sufficient distress, the ott'endei' be imprisoned in 
 the county gaol of the county in which the conviction is made, for a 
 period not exceeding fifteen days in the case of a first oft'ence, twenty 
 days in the case of a second oftence, and fifty days in the case of a 
 third off'ence, in each such case with hard labor, unless in each such 
 case the penalty and costs by the conviction adjudged to be paid, 
 and all costs and charges of the distress, and also the costs and 
 the charges of the commitment and conveying of the defendant to 
 prison (the amount thereof being ascertained and stated in the war- 
 rant of commitment) are sooner paid. 
 
 86. Any person who violates any other provisions of this Act, in 
 respect of which violation no other punishment is prescribed, shall 
 for the first oft'ence, on conviction thereof, forfeit and pay a penalty 
 of not less than $20 besides costs, and not more than $50 besides 
 costs; and in default of payment thereof he shall be imprisoned in the 
 county gaol in the county in which the oft'ence was committed for a 
 period not exceeding one month, and to be kept at hard labor in the 
 discretion of the convicting Magistrate ; and for the second offence, on 
 conviction thereof, such person shall forfeit and pay a penalty of not 
 
 • R. V. Black, 43 U.C.R. i8o. 
 
TIIK I,lv}l'*>l< I.K'KNSK ACT tt 
 
 loHM thill) 9^0 boMidcs coNtN, iirid not inoro tluiii $(K) boHiUoH coMtH, iiiui 
 in dofuiilt of puymiMit tlmrnot', ho ^hull t)<> impriNoiicd in the county 
 gaol of tlio county in wliicli tiio ort'onco wiim committed for a period 
 notoxcoodiuK two months, and to ix^ icopt at hard hii)or in the dis- 
 cretion of tile convicting Magistrato ; and lor the third or NuhHe4|uent 
 offence, on conviction tlioreof, sucli perHon Hhall \)o imprisoned in 
 such gaol for the period of three months, to bo kept at hard hibor in 
 tho discretion of the convicting iMagistrato. 
 
 79. Vi'iialties not to t\' remitted and apptkation of. 
 
 Penalties and punishmontn under this Act must not bo remitted, 
 suspended or compromised. (Sec. 88.) 
 
 If tho Inspectoi" or any ofticor appointed by tho Lieutenant- 
 Governor or by the License Commissioners is the prosecutor or 
 complainant the penalties in money shall I)g paid over by tho Magis- 
 trate or .Justice to him, otherwise the same shall bo paid to tho 
 Treasurer of the Municipality wherein the offence was committed. 
 (Sec. 90.) 
 
 80. Prosecutor, who may be. 
 
 Any person may be prosecutor or complainant in prosecutions 
 under this Act. (Sec. 94). 
 
 81. l^esolutions of License Commissioners. 
 
 The Board of License Commissioners may at any time before the 
 first day of May in each year, pass resolutions for regulating tho 
 taverns and shops to be licensed ; and such regulations shall remain 
 in force until amended or repealed by the same or any subsequent 
 Board of Commissioners ; and in and by any such resolution penal- 
 ties may be imposed for the infraction thereof. (Sec. 4). 
 
 The penalties imposed under Resolutions of the License Com- 
 
 81. R. V. Martin, 21 A.R. 145. Hodge v. The Queen, 9 App. Cas. 117. R. ?'. 
 Farrell, 23 O.R. 422. R. v. Brown, 24 Q.B.D. 357. Magill v. License Commissioners 
 of Brantford, 21 O.R. 665. R. v. Blakely, 6 P.R. 244. In re Livingstone, 6 P.R. 17. 
 R. V. Osier, 32 U.C.R. 324. In re Snell and Corporation of Belleville, 30 U.C.R. 81. 
 Re Brodie v. Corporation of Bowmanvllle, 38 U.C.R. 580. R. v. Belmont, 35 U.C.R. 298. 
 Re ArkeW v. Town of St. Thomas, 38 U.C.R. 594. Roberts v. Climie, Murphy t/. 
 Climie, 46 Q.B. 264. 
 
n rill*: i.iv?>'t>K i.kknkI': act 
 
 mlHHloiior.H miiy bo rocovcrod luid onfort'wl imdor tho niithority of 
 tlio Miini(:i|Nil Act jSooSoc. 704| and tlio convictioiiM Im> in Iho form 
 ill Soc. 707 of tlio Miinici|ml Act. (Soc. 100.) 
 
 H2. %csoluthns of LiicHsc Omimisstoihrs, how pnnwi. 
 
 Hy tlio production of a copy cortitlod to \yo a triio copy by n 
 nioinlNM- of tho Hoard HlinwinK that tlio orif^inal wan Hignod by tlio 
 Clialriiiiin of tlio Hoard paHsJiiK Maiiio. (Sec. t07). 
 
 H,*l, Second and snhstytwn/ offenits. 
 
 A conviction tor a socond oftonco, and for a thiixl ofVoiicc within 
 the moaning of Section 72 or Section HO, i« whoro a tirnt conviction 
 js for a contravention of any proviHion of Hcctlons 40, f)0, .M or W, 
 or any Hoction for the contravention of which a penalty or piiniHh- 
 mont is proscribed by Section 72 or Hfi [/'.<'. 2o, H!l, :MI, 49, 50, M, 52, 
 53, m, 5H, (10, 62, fta, «4, fi5, 72, 71), HI and H«] followed by a second 
 or third conviction for an oft'enco against any provision of any of 
 the said sections, althongti Iho second or third convictions may havo 
 boon under ditt'oront sections. (Sec. 101, s.s. 6). 
 
 84. Second and prior offences, procednre in respect of. 
 
 Tho subsequent otl'enco must first bo enquired into, and if the 
 accused be found guilty, he thon and not before should be aslcod 
 whether he was so pi'oviously convicted as alleged in tho informa- 
 tion. If he denies the prior conviction or stands mute of malice, or 
 does not answer directly to such question, the previous conviction 
 shall then be enquired into. 
 
 Previous convictions shall be proved by tho production of a cer- 
 tificate under the hand of tho convicting .Tustice or Police Magis- 
 trate, or of the Clerk of tho Peace, without proof of his signature or 
 official character, or by other satisfactory evidence. (Sec. 101). 
 
 A conviction may in any cjiso be as for a first oft'enco notwith- 
 
 83. 11. V. PVawley, 45Q.B. 227. Hodge v. Ref^ina, 9 App. CaseH, 117 p. 311. R 
 V. Black, 43 U.C.R. 180. R. v. French, 34 I'.C.R. 403. R. v. Grant, 34 C.L.J. 171. 
 
 84. R. V, Hazen, 20 A.R. 633. R. v. Smith, 46 U.C.R., 44a. R. v. Harllcy, so 
 O.R. 4K1. R. V. Wallace, 4O.R. 127. R. v. Edgar, 15 O.R. 142. R. v. Rodwell, 
 5 O.R. 186. R. V. French, 34 U.C.R. 403. R. v. Black, 43 g.B. 180. R. v. Kennedy,' 
 17 O.R. 159 
 
TMK I.IV?>**>»< I.ICKNSK A^T m 
 
 MtMii lihK H l»'i<»' conviction tor t\w ntirho w (iny otlior oAlMt (Mm. 
 loi M.M. .'I). (^onvictionM to! hovimjiI oflontoM comh utp<l on tlio sanio 
 (liiy iniiy \)v> ni.ulo, hut to ri»»'i»vor tlio Ini'ivasod |i*Mmitii«s tliootlonios 
 niiiMt \yci cominittocl on dilt'on'nt ilays and nftor in forma tjon iai(l tor 
 a HrMl ott'onco (See. |0|, h.m. 4). 
 
 In tho ovoni of a conviction for any Hocond or Hubsrqiiont olVt*nto 
 twuonilnjr void (ir dolW-livo, /iftor tho mal<ing fliorool, by roanon of 
 itny proviouH itonviction boin^ f*ot HHUio, «|nnMhod, or otUcrwiHo ron- 
 doKMl void, iliP .histlres or Police MoKiNtratc by whom MUch M»*cond 
 or NiibHoqunnt conviction wan rnado, may by warr/int undnr bis or 
 thoir hand Huniinon tho person convicted to ap|MMirata timn and 
 place to Im> named in hucIi warrant, and may tliereu|M)n, upon proof 
 of the due service of such warrant, if smdi piM'son fails to appear, or 
 on bis ap|)carance, amend such socond or subsequent conviction, and 
 adjudge such penalty or punishment as inif;lit have been adiudf^ed 
 had such previous conviction never existed, and such amended con- 
 viction shall thereupon ))e held valid to all intents and purposes, as 
 if it had been made in the first instance. (Sec. 101, s.s. o). 
 
 Sr> iVtfni'ssi\s, cviJeih'cof. 
 
 The evidence of witnesses must in all cases be taken in writing', 
 road over to, and bo signed by such witnossoH. (>Sec. HiK) 
 
 80. Af/7w<'ssi'5, rcfumia to attend, answer or produce. 
 
 Any person represented as boluff a nuiterial witness can be 
 summoned, and he must also produce, if the summons so re- 
 quires, all books and papers, accounts, deeds and other documents^ 
 in his possession, custody or control relating to any matters connect- 
 ed with any proceeding under this Act, (saving all just exceptions 
 to such production,) and if ho refuses or neglects to attend, a war- 
 rant for his arrest may be issued, and if ho refuses to be sworn or to 
 attirm, or to answer any question touching tho case, or refuses or 
 neglects to produce the documents, etc., aforesaid, ho may bo com- 
 mitted to the common gaol, there to remain until he consents to be 
 sworn, or to affirm, and to answer, or to produce such documents 
 etc. (Sec. 115 and 116.) 
 
 85. R. V. Kxcell. 20, O.R. 633. R. v. Scott, 26, O.R. 646. R. v. Black, 43 U.C.R. 
 180. 
 
 86. R. V. Fearinan, 22 O.R. 456. R. v. McGregor, 26 O.R. 115. R. 7>. Fee, 13 O. 
 R. 590. R. V. Roddy, 41 Q.B. 291. R. v. Strachan, 30 C.P. i8j. 
 
40 
 
 THE LiyUOU LICENSE ACT 
 
 i^ 
 
 [Note.— On the trial of any proceeding, matter or question, 
 under any Act of the Legislature of Ontario before any 
 Justice of the Peace, Mayor, or Police Alagistrate, in 
 any matter cognizable by such Justice, Mayor, oi- 
 Police Magistrate, the party opposing or defending, or 
 the wife or husband of the person opposing or defend- 
 ing shall be competent and compellable to give evidenec 
 therein, R.S.O. 1897, c. 73, sec. 79. But Sec. 5 of the 
 same chapter is as follows : " Subject to section 9 of 
 this Act nothing herein contained shall render any 
 person compellable to answer any question tending to 
 subject him to criminal proceedings, or to subject him 
 to prosecution for any penalty. " And under this last 
 section it is claimed that a witness called by the pro- 
 secution on a charge under section 54 is not compelled 
 to answer questions that may render him liable to 
 prosecution under Sec. 59 of the Liquor License Act. 
 Until, however, there is a superior court decision 
 to the contrary, it may fairly be said pursuant 
 to Chap. 90, of R.S.O. 1897 which declares that the 
 Dominion Statutes in force shall as to procedure in like 
 cases govern the procedure where a penalty or punish- 
 ment is imposed under any Statute of the Province of 
 Ontario, that the Act respecting Witnesses and Evi- 
 dence, 56 Victoria c 31, (Dominion,) is applicable to cases 
 tried under the Liquor License Act, and that under Sec. 
 5 thereof no person shall be excused from answering 
 any question upon the ground that the answer to such 
 question may tend to criminate him, etc.] 
 (See Note to No. 71, ante for statutory authority for manner of 
 " hearing the complaint " etc.) 
 
 87. IVitness, tampering with* 
 
 Any person, who in any prosecution under this Act, tampers 
 with a witness, either before or after he is summoned or appears as 
 such witness on any trial or proceeding under this Act, or by the 
 offer of money, or by threats, or in any other way, either direct- 
 ly or indirectly induces or attempts to induce any such person to 
 absent himself, or to swear falsely shall be liable to a penalty of $50 
 for each offence. (Sec. 85.) 
 
 [* This section has been held to be ultra vires of the Provincial Legislature. 
 Lawrence, 43 A, B. 164. But see Sec. 154 of the Criminal Code.] 
 
 R. V. 
 
THE LigUOR LICKNSK ACT 
 
 41 
 
 INDKX OF FORMS. 
 
 Commitment — First oftence. 
 
 Commitment — Second or third oftence. 
 
 Conviction — First oftence. 
 
 Conviction — Third oft'ence. 
 
 Declaration of forfeiture. 
 
 Description of oftonces. 
 
 Information — (General Form.) 
 
 Information — Second, third, or fourth oftence. 
 
 Oftences — Descriptions of. 
 
 Order to destroy liquor seized. 
 
 Summons to Witness. 
 
 Warrant to search unlicensed premises. 
 
 Warrant for restitution of g^oods pawned, etc. 
 
 ? 
 
12 
 
 THE LIQUOR LICENSE ACT 
 
 SCHEDULE OF FORMS. 
 
 Ontario, 
 Countv of 
 
 General Form of Information. 
 
 I The Information of A. B. of the of 
 
 T w ' ( '" '''* ^°""'^ °^ ' L'^^^"**® Inspector laid before 
 
 lo VVit : ) me C. D., Police Magistrate, in and for the City of 
 
 [or one of Her Majesty's Justices of the Peace, in and for the County of 1 
 
 the day of A.D.. 18 . '* 
 
 The said informant says, he is informed and believes that X. Y. on the 
 *'^y °f A.D., ,8 , at the Township of i„ ,he County of 
 
 , unlawfully did sell liquor without the license therefor by law required 
 [or as the case may be—See forms below.] 
 
 A. B. 
 Laid and signed before me the ] 
 
 day and year, and at the j 
 
 place first above mentioned. j- (Sections 95 and loj.J 
 
 C. D. I 
 
 P. M. or J. P. j 
 
 PART I. 
 
 Forms of Describing Offences. 
 ^O, 1,— Sale without license. (Section 49.) 
 
 "That A', r., on the day of A.D. 18 
 
 in the County of 
 by law required." 
 
 at 
 
 unlawfully did sell liquor without the license therefor 
 
 No. 3. —Keeping liquor without license. (Section 50. ) 
 
 "That XK on at unlawfully did keep liquor for 
 
 the purpose of sale, barter and traffic therein, without the license therefor by law 
 required ' 
 
 No. "LQ,— Refusing to admit policeman. (Sec. 130.) 
 
 on th7n ^* ^' ■ ^Tn""! u ■ *' ''^'"^ '" <- having charge 
 
 oO the premises of O. Z'., bemg a place where liquor U sold [or reputed to be sold], un- 
 lawfully did refuse [«r fail] to admit [or did obstruct or attempt to obstruct] E F an 
 officer demanding to enter in the execution of his duty [or did obstruct or attempt to 
 obs ruct E F., an officer makin.^: searches in said premises, and in the premises con 
 nected with such place. ] 
 
THE Liyi'OR LICENSE ACT 48 
 
 No. 1ft* — I llfj^nl snie by druggists. (Sec. 52.) 
 
 "That .V, Y. being a chemist |ur druffgiNtj on at 
 
 did unliiwfuliy sell liquor for other tiian strictly medicinal purposes \or sell liquor in 
 packages of more than six ounces at one time without a certificate from any registered 
 medical practitioner, or sell liquor without recording the same), as required by The 
 Liquor License Act." 
 
 PART H. 
 
 No. 24. — Sale ( or keeping for sale ) under beer and wine license of liquor other than 
 authorised by the license. (Section 22.) 
 
 "That A'. }'. being the holder of a Beer and Wine License, on 
 at did unlawfully sell [or give, r>r keep for sale] other liquor than is 
 
 authorized by his license, in the house and upon the premises for which such license 
 has been granted." R. S. O., 1887, c. 194, Sched. L. 
 
 No. 2&,--A'eeping a disorderly house. (Section 81.) 
 
 "That X. V. being the keeper of a tavern (or ale-house, or beer-house, or house of 
 public entertainment], situate in the City, [or Town, or Village, or Township], of 
 in the County of on in his said tavern 
 
 [or house] unlawfully did sanction [or allow] gambling, Jor riotous, or disorderly con- u 
 
 duct) in his said tavern [or house.]" ' 
 
 No. 26. — Harboring constables on duty. (Section 82.) , 
 
 "That A'. V. being licensed to sell liquor ?.t on * 
 
 unlawfully and knowingly did harbor [or entertain or suffer to abide and remain on 3 
 
 his premises] O, P., a constable belonging to a police force, during a part of the time <!! 
 
 appointed for his being on duty, and not for the purpose of quelling a disturbance or 7 
 
 restoring order, or executing his duty." 
 
 No. 20. — Neglecting to keep license exposed. (Section 47.) 
 
 "That X. Y. having a license by wholesale [or a shop, or a tavern license] on 
 at unlawfully and wilfully {or negligently) omitted to 
 
 expose the said license in his warehouse [or shop, or in the bar-room of his tavern as 
 the case may be,\' 
 
 No. 33. — Receiving goods in pawn. (Section 67.) 
 
 "That A'. Y. being the keeper of a licensed tavern in said City did 
 
 unlawfully receive in pawn from one contrary to Sec. 
 
 67 of The Liquor License Act." 
 
 No. 37. — Neglecting to exhibit notice of license. (Section 48.) 
 
 "That X. Y. being the keeper of a tavern [or inn or house or place of public en- 
 tertainment] m respect of which a tavern license has been duly issued and is in force, 
 on at unlawfully did not exhibit over the door of such 
 
 tavern, or inn, etc.,] in large letters the words, 'Licensed to sell wine, beer, and other 
 spirituous or fermented liquors," as required by The Liquor Lirense Act. 
 
 No. 30. — Sale of less than three half-pints under shop license. (Section 2 (3).) 
 
 "That X. Y. having a shop license on at unlaw- 
 
 fully did sell liquor in less quantity than three half-pints." 
 
II 
 
 THK I.igrOR LICENSK ACT 
 
 No* 40. — Allowitifr li(/uor to be consumed in shoft, (Section 63.) 
 
 "That X. Y. hnvin^; h Nliop liccnsie on at unlaw- 
 
 fully did allow liquor sold by liiin (or in hist (rassession), and for the stale of which a 
 license is required, lo be consumed within his shop |or within the buildini; of which his 
 shop forms part, or within a building which communicates by an entrance with his 
 shop,) by a purchaser of such liquor [or, by a person not usually resident within the 
 building of which such shop forms a part. |" 
 
 No> 47* — Sale under wholesale license in less than wholesale quantities. (Sections 2 
 (4), and 51.) 
 
 "That A'. Y. having a license to sell by wholesale on at 
 
 unlawfully did sell liqtior in less quantity than five gallons (or than one dozen bottles 
 of three lialf-pints each, or tban two dozen bottles of three-fourths of a pint each, j" 
 
 No. 40. — Allowing liquor to be amsumed on premises under wholesale license, (Sec- 
 tion 63.) 
 
 "That A'. Y. having a license by wholesale, on at 
 
 unlawfully did allow liquor sold by him \or in his possession for sale) and for the sale of 
 whicii such license is required, to be consumed within his warehouse \or shop, 
 or within a building which forms part of, (or is appurtenant to or which communicates 
 by an entrance with a warehouse or shop, or premises) wherein an article to be sold 
 (or disposed of) under such license, is sold by retail (or wherein there is kept a broken 
 package of an article for sale under such license)]." 
 
 PART III. 
 
 No. 50. — Sale of liquor on licensed premises during prohibited hours. (Sections 54,55.) 
 
 "That X, Y, on at in his premises [oron, orout of, 
 
 or from, his premises] being a place where liquor may be sold, unlawfully did sell [or 
 dispose of] liquor during the time prohibited by The Liquor License Act (or by resolution 
 of the License Commissioners for the District of or by by-law of the 
 
 Municipal Council of or as the case may be), for the sale of the same, 
 
 without any requisition for medical purposes as required by said Act being produced by 
 the vendee or his agent." 
 
 No. 50. — Allowing liquor to be drunk on licensed premises during prohibited hours, 
 (Sections 54, 55 and 73.) 
 
 "That X. Y. on at in his premises, being a place 
 
 where liquor may be [or is] sold, by retail [or wholesale] unlawfully did allow [o/- permit] 
 liquor to be drunk in such place during the time prohibited by The Liquor License Act 
 for the sale of the same, by a person other than the occupant, or some member of his 
 family, or a lodger in his house." 
 
 No. 51. — Permitting persons to be in bar-room during prohibited hours. (Sec. 56). 
 
 "That the said X. Y., keeper of a licensed tavern in the said City 
 did allow or suffer a person or persons to be present in his bar-room or room in which 
 liquor is trafficked in other than those permitted to enter the same under Sec. 56 of The 
 Liquor License Act, during the hours when under said section the said bar should be 
 kept closed." 
 
THE LigUOR LICIiNSK ACT 46 
 
 No. R3. — Person found in hnr-room when same shoiilii beiiosed. (Sec. 57). 
 
 "Thill the said X. V. not be'mg a person permitted to enter t!io bar-room of a 
 liccnNcJ tavern when the same should be kept riosed under Sec. 5(1 of The l.ii/iior Li- 
 cense Act, was found in the bar-room of the licensed tavern of ./. //. during; the pro- 
 hibited hours in said section mentioned." 
 
 NOt 64 . — Persons ii/</>/yinf> Jor liquor du ring proh ihiled hoii rs. (Sec. 5c)). 
 
 "That the said A'. K., not belnff the occupant of a licensed house, or a member of 
 his family, or lodjf er in his house, did |buy|, |obtain|, or (attempt to buy or obtain) 
 liquor during the time prohibited by The Liquor License Art, for the sale thereof from 
 the licensed premises of where the same may be sold by |ret.-kil| or 
 
 (wholesale). " 
 
 PART IV. 
 
 No. 61. — CoHi/ironiising or comfioundinff a prosecution. (Section 83.) 
 
 "That A'. 1'. having; violated a provision of The Liquor License Act, on 
 at unlawfully did compromise \or compound, or settle, «/• offer, ((/-at- 
 
 tempt to compromise, compound «/■ settle), the ofiience with A, A', with the view of 
 preventintf any complaint beinjif made in respect thereof [or with the view of^etlinpf 
 rid of or of stopping-, or of having^ the complaint made in respect thereof dismissed, <r.s' 
 the case may he\." 
 
 No. 01. — Beintf concerned in {ompromising a prosecution, (Section 83. ) 
 
 "That A', r. on at unlawfully was concerned in 
 
 [or a party to) a compromise [or a composition, or a settlement) of an offence commit- 
 ted by O. P., against a provision of The Liquor License Act." 
 
 No. 62. — Officer re/using to prosecute. (Sections 129 and 134.) 
 
 "That A'. 1'., being a police otiicer [or constable, or Inspector of Licenses] in <-ind 
 
 for the in the County of , knr >'ing that O. P. had on 
 
 at committed an offence against a provision of 
 
 The Liquor License Act, unlawfully and wilfully did and still does neglect to prosecute 
 
 the said O.P., for his said offence." 
 
 No. 88. — Tampering w.ith a witness. (Section 85.) 
 
 "That A'. Y., on a certain prosecution under The Liquor Licen.v Act, on 
 at unlawfully did tamper with O. P., a witness in such prosecution be- 
 
 fore [or after) he was summoned [or appeared] as such witness on a trial [or proceed- 
 ing] under the said Act, [or unlawfully did induce, or attempt to induce O. P., a witness 
 in such prosecution, to absent himself, or to swear falsely]." 
 
 (Section 103.) 
 Form ok Information for Second, Third, or Foirtii Offence. 
 
 Ontario \ The Information of .1. /?., of etc.. License Inspector, laid be- 
 
 County of • fore me, C. D., Police Magistrate in and for the City of 
 
 To Wit: ) [or one of Her Majesty's Justices of the Peace in and for the 
 
 County of ], the day of , A.D. 18 
 
V 
 
 46 
 
 THE LigUOR LICKNSE ACT 
 
 The Naid Informant nnyn he in informed and believeH ihflt X. V. on 
 
 •* \iti'ii( rihf last i>lf,-ine\, 
 
 A„d r„r.l,or th.. Ihe raid .V. l'. «,„. |„cvio,..ly, ,„ „i, , „„ ,,,„ 
 
 . f '"•"'""'"yo" I. duly convicted of having on the 
 
 y " '^ t »• the of ■ »l r 
 
 M. «.. .«,,. .:.r"'"""^ "''' '"""^ """°"' "- '-"- ^"-"•- -HuirLd b'; ,„:";:'. : 
 
 And further that the said A', l'. was previously, ,o wit : on the 
 
 --'-County of 
 on .he 'day of '"' '" f rii ;8^''Tuhe "*""" '"" r""^"^' ''^ ""'"'♦^ 
 
 ^r :..in a huiidin, ..ic^: Sr^::^^^^^^^ 
 
 not usua,,^ resident within the hui.din, of Jl^.h such ::^t^ti:;:r,:T:; 
 
 And further, that the said X Y. was previously, to wit : on the 
 A.n. .8 .a, the of . in the County of 
 
 (sec,, hove), again duly convicted of having, on the day of 
 
 ., . "'***''® o»" in the County of (beinir in cliar.rn n. 
 
 to adm. A /. .an officer demanding to enter in the execution of his duty 
 
 And .he nformant says the offence hereinbefore firstly charged against the said 
 A . 1 . , ,s Ins fourth offence against T/.e Liquor License Act. 
 
 Laid and signed before me the day ] -i. li . 
 
 and year, and a. the |)laoe firs. I 
 above mentioned, i. 
 
 C. D.. I 
 
 /. P. J 
 
 day of 
 I before, etc. 
 
 Ontario. 
 County of 
 
 To Wit : 
 
 (Section 103.) 
 Si MMONs TO Witness. 
 
 Toy. A'., of the 
 
 of 
 
 in the County of 
 
 Whereas, information has been laid before me. C.D . one of Her Mai^stvv I 
 tices of the Peace in and for the County of V p 1 ., '^'''J*'''*>' ** J"*" 
 
 Cityof ) that V V h ^ . .("'' Police Magistrate for the 
 
 ^ y or ,, tl,at A . J . , being a druggist, on the day of 
 
 ', ■ r „ ..J '^. ' "' *''® °^ . in the County of 
 
 unlaw ully did sell liquor for other than strictly medicinal purposes.' and it has been 
 
 rrtoTiinhiJu^ir'^"" ^-"^'^ '-'- "--'^' -■-— --roft:: 
 .onaSrbH^d Z2 r "t;z ^' '-'—- "^ ^°'"t r ^ - 
 
 at o'clock in the forenoon, at , in the of ur ' 
 
 me or such Justice or Justices of the Peace as may then be there, to testify wLt y"! 
 
THK LigUOK LICENSE ACT 4T 
 
 Hhall know in the premlnen (and aUo to brinjj with yon and there and then to produce 
 ail and every invoiceH, ca»l» boolcH, day books, or ledgerw and receipt)*, proniisHory 
 noleN, or other Hecurity relatinjf to ll>e purcliaNe or itale of iiquor by the naid .Y. )',, 
 and all other bookN and papers, accountN, deeds, and other documenis in your posses- 
 itioni cimtody or control, relaling to any matter connected with the said proNeculionj. 
 
 Given under my hand and seal this day of A,0. iH , 
 
 at the of I in the County of 
 
 R. S. O. 1887, c. 104, Sched. F. 
 
 C.A, 
 
 ././'. (L.S.) 
 
 (Section 103) 
 Form ov Conviition for First Okkknck. 
 
 Ontario, 1 Bk it rkmbmrbrrh that on the day of 
 
 County of ' A.D. 18 , at the City of , in the said County 
 
 To Wit : ) of , X. V. is convicted before me, CD-, Police 
 
 Matfistrate in and for the City of {or before us, Ji. F. and C.Il. , two of 
 
 Her Majesty's Justices of the Peace, in and for the said County), for that he the said 
 A'. K, on the day of A.D. 18 , at the of 
 
 in tlie said County, in his premises, being a place where liquor may be sold, unlawfully 
 did sell liquor durin^i^ the time prohibited by The l.iijnor l.icense Ar/ for the sale of the 
 same, without any requisition for medicinal purposes as required by said Act, being 
 produced by the vendee or his agent [or as Ihe case may he), A . /i. being the Informant, 
 and I (or we) adjudge the said A'. Y., for his said offence to forfeit and pay the sum of 
 $20, to be paid and applied according to law, and also to pay to the said A./i. the sum 
 of$faforhis costs in this behalf, and if the said several sums be not paid forthwith, 
 then * [I (or we) order the said sums to be levied by distress and sale of the goods 
 and chattels of the said A'. 1"., and in default of sufficient distress in that behalf* or 
 where the issuing 0/ a distress warrimt would he ruinous to tiie defendant and li is family, 
 or it appears that he has no goods whereon to levy a distress, titen instead of the words he- 
 tween the asterisks ** say "inasmuch as it lias now been made to appear to me (or us) 
 that the issuing of a warrant of distress in this beiialf would be ruinous to the said 
 A', y. and his family," or "that the said A'. V. has no goods or chattels whereon to 
 levy the said several sums by distress"], I (or we) adjudge the said A". Y. to be impris- 
 oned without hard labor [or with hard labor as the rase may be] in the Common Gaol 
 for the County of at , in the said County, pid there to be kept for the 
 
 space of fifteen days, unless the said sums and the costs and charges of conveying the 
 said ..Y. Y. to the said Common Gaol shall be sooner paid. 
 
 Given under my hand and seal (or our hands and seals] the day and year fiirst 
 above mentioned, at the City of , in the County aforesaid. 
 
 C. D., (L.S.) 
 
 Police Magistrate. 
 orE. F., 
 
 J. P. (L.S.) 
 
 G. H., 
 J. P. (L.S.) 
 
 k 
 

 IM 
 
 Oniarih, 
 Cuuiiiy of 
 
 To wit : 
 
 THK Ligi'OK I.ICKNSE ACT 
 
 (Section loi). 
 Form t»i Convutihn iok a Tiiiki» Oi iknik. 
 I Bk it Rk.mkmmkkki) ihai on llio Jay of 
 
 A.D. iH , in the City of in tlie xaid County, 
 
 I A'. )'. iH convicted before tlie uiulerNlKned CO., Poliie MaKl*- 
 trnte in and for the City of , in the ^aid County \„r C, /). and A'. F., two 
 
 of Her Majesty^ Jusiiies of the Peace in and for the miid Counly|, for tiial he, the vtid 
 •^- }'•' "" ""' tiny *>»■ A.l>. iH , at the City of 
 
 \or rownslii|» of |, i„ „nid County {11.1 the ruse mnv A.), Iiavin(( viohUed a 
 
 provision of The l.ii/wir /.iren.w Art, unlawfully did attempt to settle the offence with 
 A. n. with the view of having the complaint made in respect thereof dismissed. And 
 it appearinK <» •>'« ["f »^\ that the said A. Y. was previouBly, to wit : on the 
 ''">■ "*■ A.n. 18 , at the City of , before, etc., duly con- 
 
 victed of having^, on the day of , A.D. 18 , at the 
 
 "•^ ' "nlawfully sold liipior without the license therefor by law reipiired. 
 
 And it also appearinK to me [or us| that the sv\ t .V. 1'. was previously, to wit : on the 
 ''".vof A.D. 18 , at the of , before, 
 
 etc., (.Sir nliove) a^ain duly convicted of having, on the day of 
 
 A.D. 18 , at the of , beinjf the keeper of a tavern situate in 
 
 ""■' "■'"' "'^ )> unlawfully allowed tfamblinj; in his said tavern 
 
 (or as the rase muy he), 
 
 I \or we|, adjudjfed the offence of said A'. Y. hereinbefore firstly mentioned, to be 
 his third offence aRainst The Liquor Lkense Arf, {A. li. beinjf the informant) and I \o, 
 we|. adjudK:cd the said A'. K. for his said third offence to be imprisoned in the Common 
 Gaol of the said Co»mly of at , in the said County of 
 
 there to be kept without hard labor \or with hard labor. «.v ///,. case may be\ for the space 
 of three calendar months (or as the rase way be). 
 
 Given under my hand and seal \or our h.inds and seals), the day and year first 
 above nentioned, at , in the County of 
 
 C, D. (L. S.) 
 
 R. S. O. 1887, c. 194, Sched. H. 
 
 or C, D. 
 Ji. L. 
 
 (L. S.) 
 (L. S.) 
 
 (Section 103.) • 
 
 Warrant of Commitment kor First Okkence wjiere a Penalty i.s Impo.seh. 
 
 Ontario, 1 To all or any of the Constables or other Peace Officers in the 
 
 County of I said County of , and to the keeper of the Common 
 
 To wit : ^ Gaol of the said County at , in the County of 
 
 Whereas, A'. }'., late of the City of , in the said County, was on this 
 
 day convicted before the undersigned, C. /?., Police Magistrate in and for the City of 
 
 [or C. n. and E. F., two of Her Majesty's Justices of the Peace in and for the said 
 ^'l^y f '"■ County of , {as the case may he) for that he, the said 
 
 *)' ^ •' °" »' unlawfully did sell liquor without the 
 
 license therefor by law required (state offence as in the conviction), (A. B. being the in- 
 formant), and it was thereby adjudged that the said A'. F., for his said offence, should 
 forfeit and pay the sum of (as in conviction), and should pay to the said A,Ji. 
 
 the sum of for his costs in that behalf. 
 
THK LIV.H'OR IJCKNSK ACT 111 
 
 And it v/iXH llu'rchy fiirllu'r inljiiilxiul Ihat ifllie miiIiI iiovcral huiiih Nliniilil not he 
 pniit t'ortliwilli, (lut Nitiil A'. )'. slioiild ho iinprisoneil in lli« Common Ciaol ot llu' saiil 
 County it , in ll)o sikiil Coinily of , thoru ttt he kept at h.tui 
 
 labor ((//•without haitl lahor, us tin' nisf wnv hi) for the wpaio of , unlvHN 
 
 thu Maid NMVtiral suniN and tho yosKn and i'har>fcs of i-onvcyin^ the <«aid .V. )', to lliu NuitI 
 Common iiaol Nhoiild hu sooner paid. 
 
 And wiiurcuN the Naid A'. V, hnn not paid the said Huvurui huuih, or any part Iheruof, 
 ahhou^h thu tiinu for payment thereof has elapsed. 
 
 \i/ii tlistfi-ss wiirrmi/ issurii iiiitf was returned tui i(iHuh, or nut siifftrietit fiixiifs, sny, 
 "And whereas, afterwards on the day of /X.l). |N , I, tlie said 
 
 i'oiice Magistrate, {or we the s.tid Justices), issued a warrant to the ttaid CoiiNlahleN or 
 Peace OOicers, or any of them, to levy the Naid several sums of nnd 
 
 by distress and sale of (he goods and chattels of the ttaid A*. )'. t 
 
 "And wiiereas it appears to me {or us) as well, by the return of the said warrant 
 of distress by the Constable who had the execution of the same as otherwise, that the 
 said Constable has made diligent search for the goods and chattels of the said A'. )'• 
 but that no sutDcient distress whereon to levy the said sums could be found. "| 
 
 \Or where the is.iiiiiiff o/n distress warrant would fie ruinous to the defendant and his 
 familv, or if it a/>/>ears that he has no ifoods whereon to levy a distress, then, instead of 
 the foreffoinf^ recitals of the issue and return of the distress warrant, etc., say : 
 
 " And whereas it has been made to appear to me {or us), that the issuing of a warrant 
 by distress in this behalf would be ruinous to the said A*. )'. and his family," or " that 
 the said A'. V. has no goods or chattels whereon to levy the said sums by distress " 
 as the case may be, | 
 
 These are therefore to command you, the said Constables or Peace Officers, or any 
 one of you, to t.ike the said A'. Y., and him safely convey to the Conunon Gaol, afore- 
 said at , in the County of , and ll>ere deliver him to the 
 said Keeper thereof, together with this precept. 
 
 And I (ur we) do hereby command you the said Keeper of the said Common Gaol, 
 to receive the said A'. Y. into your custody in the said Common Gaol, there to imprison 
 him and keep him for the space of (without hard labor or with hard labor as 
 
 the case may he) uules!^ the said several sums and all the costs and charges of the said 
 distress, amounting to the sum of , and of the commitment 
 
 and conveying of the said A'. K. to the said Common Gaol, amounting to the further 
 sum of shall be sooner paid unto you the said Keeper, and 
 
 for so doing this shall be your sufficient warrant. 
 
 Given under my hand and seal {or our hands and seals) this day of 
 
 A.D. |8 , at , in the said County of 
 
 R.S.O. 1887, c. 194, Sched. I. 
 
 C. D. 
 
 (L.S.) 
 
 orC. D. 
 
 (L.S.) 
 
 E. F. 
 
 (L.S.) 
 
 (Section 103) 
 
 Warrant of Commitment for Second (t»r Third) Offence, where Pinishment 
 
 IS BY Imprisonment Only. 
 
 Ontario ) To all or any of the Constables and other Peace Officers in 
 
 County of \ the said County of , and to the Keeper of the 
 
 To Wit : ) Common Gaol of the said County, at , in the 
 
flo 
 
 TIIK Ligt'OK LICKNSK ACT 
 
 Coutily of 
 
 WhareiiH A'. >'., lalo of tlic of in (liv nniil County, w«n 
 
 on llitH ilay convii'tud lu't'oru tlu> untlt'r>ti)(ntHl C./),, etd or {C./h nnil /i.F,, uICi as in 
 />n-rei/inif /otHi ; for 'lial lu*. the Niiiit .Y. )'. on ill (s/utt offemt 
 
 tK<ilh previuiis ronvirtions as itt forlh in the ionvktion for tht .teivtiif or Ihini offtme, or 
 m the tint iHtiy hi', »nil then f>r<neiiniius)\ "And it whh lliert*by ntljud^ed tiiat the of> 
 fiMU'c ut'liiu Niiiil X, v., Iiercinbcloru tirNily inenlioned, wnw lii<t wrcond (or lliird) otTence 
 a^itinHt Thf l.iiiuor /.iirnxe .let, {.I. li, buitiK tlic int'orinant). And it wan llierfby I'ur- 
 llior adjiidtfod tlial (he Nuid A'. K., for \\\s naid wecond (or third) ofTence *«iiould be im- 
 priNoniHl ill tliu Common Ciaol oCllieNaid County of , at 
 
 in tliti xaid County of and tliure to liu l<«|>t witliout liard labor (or 
 
 witli iinrd labor as the case niaj)> he), for tliu itpacc of three calendar niontliN. 
 
 TliCNO are thcrcfon* to command you tlie waid ConNtableii, or any one of you, to 
 tal<e tlie Maid A*. )'., and liim Nafely convey totlic naid Common (iaol at 
 aforesaid, ami there deliver him to the Keeper tliereof, with thist precept. And I (or 
 we) do hcrelty command you, the said Keeper of the Naid Common daol, to receive the 
 Maid A'. Y, into your cuNlody in the said Common Cmol, there to impriMon Hm and to 
 keep him without hard labor (or with hard labor as the case may he), for the space of 
 three calendar monthtt. 
 
 (liven under my hand and seal (or our hands and seals), tliis day of 
 
 A. D. iH , at , in the aaid County of 
 
 CD. 
 
 or c.n 
 
 E.F. 
 
 (L.S.) 
 (L.S.) 
 (L.S.) 
 
 R. S. O. 1887, c. 194. Sched. J. 
 
 Warrant to Skariii Uni.uknski) Prkmisrs. 
 
 I 
 
 Canai>a, 
 Province of Ontario, 
 City of 
 County of 
 
 To Wit 
 
 To Am. or any of tlie Constables or other Peace Officers in 
 and for the said City or County : 
 
 Whereas, information has this day been charged upon oath before the undersig^ned, 
 
 Esq., Police Magistrate in and for the City aforesaid, and a Justice of 
 
 the Peace in and for the County aforesaid, that certain spirituous or fermented liquor is 
 
 being kept for sale or disposal contrary to the provisions of " The Liquor License Act ■■ 
 
 at No. , Street, an unlicensed house within the City of 
 
 These are therefore to command you in Her Majesty's name, at any time or times 
 within 10 days from the date hereof, to enter the said place above named .ind every 
 part thereof and the premises connected therewith; to examine the same and seaicii for 
 liquor therein, and if any so found unlawfully kept to bring the same before me to he 
 furtlier dealt with according to law. 
 
 liiven under my hand and seal, at the City of , in the County 
 
 of , aforesaid, on the day of 
 
 in the year of our Lord 189 
 
 Police Magistrate in and for the City of 
 
 (L.S.) 
 
i 
 
 TIIK UVJIOK Lk'KNSK ACT ftt 
 
 \V.\HKANT H>H KKNTITI HON Ol ('nH»l»N I'.WVNKD, HU\ 
 
 Can.mu, I 
 
 Proviiici* oi i)iilnriu, 
 City of I T*» "II »»•■ Hi>y of llut Coii>iial>l(!M or oilier Pciii-t< Dflli-crH in itnil 
 
 Coiiiily of '^''■' il*** '*'**^l City or Ckiiiiiiv : 
 
 To Wil 
 
 And to Mr. 
 
 LifiMiNed Tavern Koeper 
 W'hfrfns, tin* «*;iid l.iri<n<iod Tavorn kpi>pcr, boforomp 
 
 (liis ility lialh huoii aiijiui((tHl K**'l'y of rocoivinx |a hIIvim' waU-li| vitluotl nl i( in 
 
 pawn from one, lonlrary to Si'c. (); of llio l,ii|iior LitttiiNO Ai-l. 
 
 TlitfNo are llieroforo lt> itoininanJ thu HniU to make reMiitu- 
 
 tionofNaiil and to ruNtoro llie Name ntut pay $ Tor i-onIn 
 
 fortliwith. 
 
 And in default tliorcol, aiitliority \n hereby given to the >*aid ConstablcN, or some 
 oroneoftliem in Her Majenty'N name to make diNtrotN of the goods and ebaltelN of the 
 Haid to the value of such properly as pawned, also said 
 
 costs, and a penalty of $ which I adjudge the said 
 
 to pay ; and if within the space of days after the n\aking of Nuch diNlress restitu- 
 
 tion of the s.,id |walci)| be not made and the costs paid, or the said sum of $ (the 
 
 value of said goods), the penally of $ also the said costs and reasonable charges 
 
 of taking and keeping the said distress, are not paid, then to sell the said goods and 
 chattels so by you distrained, and to pay the money arising from such sale unto me 
 that I may pay and apply the same as by bw directed, and may render (he overplus, if 
 any, on demand to the said ; and if no such distress can 
 
 be found, then to certify the same unto me to the end that proceedings may be had 
 therein as to the law appertain. 
 
 Given under my hand and seal at aforesaid 
 
 this day of 1S9 
 
 (L.S.) 
 Police Magistrate (or Justice, etc. 
 
 (Section i,V-) 
 Form OK Dkclaration ok korkkiti re and ok Ordhik to destroy LigtoRSKixKi). 
 
 If in ccnviclion, after ndjudging penalty or imprisonment, as in Siheiiiile (!, proceed 
 thus: 
 
 "And I \or we] declare that the said liquorand vessels in which the same is kept, to 
 wit : two barrels containing beer, three jars containing whiskey, two bottles contain- 
 ing gin, four kegs containing lager beer, and five bottles containing native wine, \or as 
 the case maybe], to be forfeited to Her Majesty, and I ( or we] do hereby order and 
 direct that T. />., License Inspector of the City of [or J. P. W., License 
 
 Inspector of of the County of ], do forthwith de- 
 
 stroy the said liquor and vessels " 
 
 Given under my hand and seal the day and year first above mentioned, at etc. 
 
 If by separate or subsequent Order: 
 
TMK l.lvjrOK LKKNhK ACT 
 
 Comilyof I \Vi» Af. K nml f,\ /A, Iwo of llcr Mn)«ity'ii J tiMlcoi of thd 
 
 To Wll I I I'envv lor llii< i'tumly ol (nr i\ />., |>ci|ii« 
 
 .MaK>>«l)Ali* nf lh«' Ctly of |, having on ilii« tiny of 
 
 '** ' "' '''«' "♦' i» ••"id i'ouniy, iliily funvUliul ,V. )'. of linvInK 
 
 unlnwlully kKpl tu|iioi.) for imI* wllhotil liven*.', d » h«'r»'l»y »f.vlni.« Itif -aid lit|iior und 
 veHiml* in whUli lh«» mmmiii U ki<|M, lo wll i [i/fn, nh* Iht »nm,- ,i.t «#Af.jy|, lu Im rorlitilffd 
 to l(i>r NUjoKiy, nnd w«» |«r 1 1 do h.«r««hy oriU«r and direil ihai /. /'. H'., I.lianna In- 
 K|U'clor ol'ilii' 
 likjuor nnd ve»ii«l«. " 
 
 ol the KttlU County, do fotihwilli doMroy ilic »ald 
 
 itiviMi iindvr our 
 A. f), iN , al tho 
 
 I'"- my I liandn and mimU, lliU duy of 
 
 of in the naid County. 
 
 X. A". (I..S.I 
 
 orC. ff. ||,..S.| 
 
 C. A I L.S.I 
 
TIIK LIvJfOR I.K'KNRK /U'T 
 
 APIM'NDIX 
 
 ^KKS Oh JlHIKKS Dl- Till-; I'kACK 
 
 "Tli« fre* iitoiilit>ni*tl iiiilii) Sclii'iiult' to iIiIn Act unci no othtM*!, ottull Ita ami i-on. 
 Hliiulc ih« (ven lc> \w luki'ii by Juvlii-ttn ol'ihi* IVai'i*, or hy >liuir Cl<*tl(<i, lor thu tlullp* 
 Miul Nerviict Ihfritin mvniionoti, itnil xliull Ix* tht> itxtln lo b<« t'lutrKi<il in oiiinniHr)' pro- 
 c«mlinM;>i or convict ion* bi«fore llio Jimtii-eii, wlier* no other leits «r«« e>«pre<ii«ly |>r»- 
 Hcribtfd." K.Sa>. v. 1)5, Sec. 1. 
 
 KCIIKDl'I.K 
 
 TAHII'I' l»K VV.VH 
 
 I. For iin Inrormution nnil Warrant for ArreHi, or for an Informnlion nnd 
 
 SiiinnionH $0 50 
 
 i. For each copy of SununonM lo be nervoil to 
 
 ,V For every Siih|Hvna (only one on <>iu*li Niile to be charged lor) ... 10 
 
 4, For KecoKnizance >5 
 
 7. For lienrin)( and iletcrniininif tliu cANe , 50 
 
 8. Fee to ANNOciate JiinIIiu (where two required) 50 
 
 q. For Warrant to levy penalty J5 
 
 10. For making up every Kucord of Conviction i 00 
 
 11. (If penalty that can be inipowed not hiKher than $io| fee for conviction 50 
 
 12. For copy of any other paper connected with any trial and the mintitcH of the 
 
 •lame if demanded, and there has been a conviction, per folio of 100 wordH. 10 
 
 13. For every bill ofcoNtN demanded in detail, where there has been a con- 
 
 viction lO 
 
 CONSTABLES FEES 
 
 Sc'iiRnt'i.e TO K. S. O. c. 101 
 
 I. Arrest of each individual upon n warrant $1 50 
 
 J. Serving Summons or Subpa>na aS 
 
 3. Mileage to serve Summons, Subptvna, or Warrant 13 
 
 4. Mileage when service cannot be effected upon proof of due diligence 13 
 
 5. Mileage taking prisoner to gaol, exclusive of disbursements necessarily ex- 
 
 pended in his conveyance 10 
 
 6. Returning with prisoner after arrest, conveyance or railway fare for prison- 
 
 er, only reasonable disbursements to be allowed and public conveyonce to 
 be used when practicable 
 
M THE LigUOR LICENSE ACT 
 
 7. Atlcndiiig JnsticcN on Summary trials for each day necesHarily employed in 
 
 one or more cases ^ 
 
 9. Mileage af tending before JusJice '[ ^^ 
 
 16. Serving distress Warrant and returning same \[ , -j, 
 
 1 7. Advertising under Distress Warrant 
 
 18. Travelling to make distress, or to search for goods to make distress when 
 
 no goods are found 
 
 " 13 
 
 19. Appraisements, whether by one appraiser or more (two cents in the Dollar 
 
 on the value of the goods) 
 
 ao. Catalogue, sale and commission and delivery of goods (five cents in tlie dol- 
 lar on the net produce of the goods) 
 
 a I . Executing search warrant .... 
 
 „ . . ^ I 50 
 
 aj. Servmg notices on Constables, when personally served 
 
 (R.S.O. 1897, Cap. 144.) 
 A>i Act Kes/>e,tiiig the Legnl Menuing of Expressions relative to Ti 
 
 »ie. 
 
 Her Majesty, by and with the advice and consent of the Legislative Assembly of 
 the Province of Ontario, enacts as follows : 
 
 1. Where an expression of time occurs in any Act of this Legislature, whether 
 heretofore or hereafter passed, or in any by-law, deed or other legal instrument, whether 
 heretofore or hereafter executed, the time referred to shall, unless it is otherwise spec- 
 ifically stated, be held to be Standard time, and as regard.s that part of the Province 
 which lies east of the meridian of eighty-seven degrees xvest longitude, Standard time 
 shall be reckoned as five hours behind Greenwich time ; and as regards that part of 
 the Province which lies west of the said meridian. Standard time shall be reckoned as 
 six hours behind Greenwich time. 
 
 2. The hours of the day may in any locality be numbered in one series up to 24 
 according to the "24 hour notation" so called, and the numbers so used shall be equally 
 valid with the number used in the division of the day into two series of twelve hours 
 distinguished as "a.m." and "p.m." * 
 
 3. This Act may be cited as The Defin-'. n of time Act, 1895. 
 
 OSes 
 
 (61 Vict., Cap. 30.) 
 
 An Act respecting the Sale of Patent and other Medicines, and of Alcohol for the purp, 
 
 of the Arts and Manufactures. 
 
 Her Majesty, by and with the advice and consent of the Legislative Assembly 
 of the Province of Ontario, enacts as follows : 
 
 1. The words "pharmaceutical chemist," or the word "chemist," when used in 
 this Act shall mean a duly registered pharmaceutical chemist ; the word "alcohol- 
 shall mean "ethylic" or absolute alcohol; the word "spirits" shall mean 
 proof spirits or spirits under proof; the word "liquor" or "liquors" shall mean in- 
 
 
 ^' 
 

 ^' 
 
 THE LIQLOR LICENSE ACT 
 
 m 
 
 toxicatiiif; liquor ; and the words "originnl and unbroken packag'c" sihall mean the 
 package in which the patent or proprietary medicine is put up by the manufacturer, 
 and the word "manufacturer" shall mean a manufacturer for sale by wholesale. 
 
 2. Nothing in Thf Lit/nor License Act contained shall prevent the sale by a phar- 
 maceutical chemist, merchant or company dealing in drugs and medicines or 
 a merchant or company dealing in patent or proprietary medicines, of any 
 patent or proprietary medicine in the original and unbroken package, which 
 contains only sufficient alcohol to hold the medicinal constituents thereof in solution or 
 to prevent fermentation. 
 
 3. Nor shall anything in the said Liquor License Act contained prevent the sale 
 by a chemist, or by the manufacturer of any tincture, fluid extract, essence or medi- 
 cated spirit containing alcohol, prepared according to the formula of the British Pliar- 
 macopn;ia, or other recognized standard work on pharmacy, or medicine or other simi- 
 lar officinal compound or preparation, or the sale of a perfume, nor the sale by him for 
 purely medicinal purposes of any mixture prepared as aforesaid containing alcohol 
 and other drugs or medicine ; nor s'liU The Liquor License Act prevent the sale by a 
 merchant who deals in drugs and r,v .licines of such compounds, mixtures and prepar- 
 ations as are in this section hereinbefore mentioned, and as are so made or put up by a 
 chemist or a manufacturer by reason only that the same contain alcohol ; nor shall the 
 said Act prevent the sale by a cliemist of aleoiiol in quantities of not more than one 
 gallon at any one time for use in the arts or manufactures or for illuminating purposes. 
 
 4. Nor shall anything in the said Liquor License /Ir/ contained apply to or prevent 
 the sale by a pharmaceutical chemist of any drug or medicine for strictly medicinal 
 purposes, notwithstanding tl-.e mixture with such drug or medicine of alcohol as one of 
 the necessary and fiowrt ^rfi> ingredients thereof, provided that the quantity of alcohol 
 so sold at any one time does not exceed six ounces. 
 
 ft. Nor shall anything in the said Liquor License Act contained prevent a chemist 
 from selling, without the certificate of a duly registered medical practitioner, spirits in 
 quantites of not more than six ounces at any one time when the same shall be required 
 owing to a serious injury or to the fainting of a person who may be brought or shall 
 come into the premises of the chemist or into contiguous premises, or in or upon pre- 
 mises, adjoining such last mentioned premises, and the same is urgently required for 
 the relief of such person. 
 
 6, Sub-section 2 of Section 52 of said Liquor License Act is amended by adding 
 immediately after the word "prescription," in the seventh line thereof, the words 
 "when one is required;" but the said sub-section is not by this Act otherwise aifected. 
 
 7. Where the Stipendiary or Police Magistrate or Justice or Justices before whom 
 a complaint is heard find that any patent or proprietary medicine mentioned or refer- 
 red to in section 2 of this Act, or any other medicine, preparation or mixture mentioned 
 or referred to in sections 3, 4 or 5 of this Act, has been put up, manufactured or sold as a 
 colourable device for the evasion of The Liquor License Act, the offenders shall incur 
 the penalties imposed by The Liquor License Act as in the case of the sale of liquor 
 without the license therefor by law required ; and it shall not be necessary in the in- 
 formation, summons, warrant, conviction, distress warrant, commitment or other pro- 
 cess or proceeding, save only in the finding or judgment, to set out that such patent or 
 other medicine, preparation or mixture was put up, manufactured or sold as a colour- 
 able device for the evasion of The Liquor IJcense Act, bu! it shall be sufficient if the 
 
66 
 
 THE LIQUOR LICENSE ACT 
 
 Jl-A 
 
 complaint and all other necessary statements of the offence allege or refer to the sale 
 of liquor without the license therefor by law required, as in the case of a prosecution 
 under the said Liquor License Act for the sale of liquor without the license therefor by 
 law required. 
 
 8. A chemist or other person who keeps patent or proprietary medicines for sale 
 shall, upon request made in writing, signed by an officer of the License Branch, to be 
 named for that purpose by the Lieutenant-Governor in Council, permit the Inspector of 
 Licenses, or such other person as shall be named therein, to take away a sample suffi- 
 cient for the purpose of analysis of any patent or proprietary medicine kept by him for 
 sale. A refusal to comply with such request shall render the offender liable to a 
 penalty of not less than $io nor more than $40 for such offence. 
 
 O, Where a company or corporation is, notwithstanding The Pharmacy Act, 
 or any other law, entitled to sell drugs, medicine or poisons, or compounds o • prepara- 
 tions thereof, when such sale is personally conducted by a duly qualified and registered 
 chemist, such sale shall not be an offence against The Liquor License Act, where the 
 drugs, medicines, poisons, compounds, or preparation thereof are mixed with alcohol, 
 if the provisions of this Act, and the restrictions thereby imposed are observed and 
 conformed to upon such sale. But this section shall neither enlarge nor diminish the 
 rights of a corporation to sell the articles aforesaid except as to the article of alcohol. 
 
 10. Nothing in this Act contained shall authorize any person to act as a chemist 
 or to compound prescriptions or to sell drugs and medicines heretofore prohibited 
 from so doing by The Pharmacy Act, nor shall anything in this Act contained prohibit 
 any person from so doing who was not heretofore prohibited by The Pharmacy Act or 
 otherwise by law ; but the said Pharmacy Act shall not be affected by this Act. 
 
 11, This Act shall be read with and as part of The Liquor License Act. 
 
THE LIQUOR LICENSE ACT 
 
 Vt 
 
 INDEX 
 
 Accommodation in Taverns, etc 
 
 Actual Offender's Liability. .* • 
 
 Amendments, see Conviction No. 63. . . 
 •• Information No. 70. 
 
 Appeals 
 
 Applying for Liquor during Prohibited Hours. 
 
 B 
 
 Bars, number allowed 
 
 Bar rooms, when to be closed 
 
 «• Light in. Presumptive Evidence 
 
 •• Loitering in by Minors 
 
 «« Persons Found in after Hours • 
 
 " Beer and Wine License " Interpretation of 
 
 Beer and Wine Licensee Keeping and Disposing other Liquors. 
 
 No. 
 •30 
 • 9 
 
 •57 
 •54 
 
 Page 
 
 '3 
 
 4 
 
 28 
 
 3a 
 25 
 23 
 
 .23 
 5' 
 •52 
 ■32 
 •53 
 .24 
 .24 
 
 II 
 
 22 
 23 
 •4 
 23 
 II 
 II 
 
 Certificates of Doctors and Justices . . . 
 «« of Chemists, etc. , as Doctors 
 
 Chemists and Druggists, sales by 
 
 Drinking on 
 
 .58 
 •>S 
 ••5 
 
 Premises of '° 
 
 '5 
 
 42 
 
 >7 
 
 «9 
 
 21 
 
 ".'......*... 80 
 
 59 
 
 60 
 
 .< .• << Certificates by, as Doctors 
 
 C'.gars, Retailed in Shops 
 
 Clubs, etc. (Unlicensed) Selling Liquors 
 
 t< «« Keeping Liquors 
 
 (I " Supplying Minors 
 
 Commissioners, Resolutions of 
 
 Commissioners not to Accept Money, etc 
 
 Commitments when Consecutive '"''!'. 60 
 
 Costs of Committing to Gaol to be Stated m " 
 
 Communication between Licensed and Unlicensed Premises 27 
 
 Compromising or Compounding Offences i 1 17, 19 
 
 Confiscation of Seized Liquors ' ' ^^ 
 
 Constables and Officers* Duties ^^ 
 
 (1 •<■ " , Harbouring of 
 
 ,. •« «' , Obstructing in Search, etc., 
 
 Constables' Fees 
 
 10 
 
 26 
 7 
 7 
 8 
 
 7 
 
 «7 
 8 
 
 9 
 
 9 
 
 37 
 
 26 
 
 27 
 27 
 >3 
 27 
 5.8.9 
 
 27 
 12 
 
 5 
 53 
 
fi8 THK LigUOK LICENSE ACT 
 
 No. 
 Consumption on Unlicensed Premises 5> 7 
 
 '• '• '• " Presumptive Evidence of 6 
 
 Consumption on I'remiHes of Sliop Licensee 34 • 4° 
 
 •• " " of Cliemists and Drutfgists '6 
 
 Consumption on Pren>ises of Wliolesale Licensee 34i 49 
 
 Consumption on Licensed Premises during Prohibited Hours 50 
 
 Consumption of Non-Intoxicants in Store of Shop Licensee 43 
 
 Convictions not \'oid for Certain Defects 63 
 
 Conviction Prior and Subsequent 83, 84 
 
 Costs 64 
 
 Costs of Inspector 64 
 
 Costs of Committing to Gaol, etc., 60 
 
 i'AOK 
 
 3.4 
 
 3 
 
 >5.'7 
 8 
 
 31 
 18 
 38 
 
 38 
 39 
 
 •29 
 27 
 
 Wl i 
 
 1,1 
 
 D 
 
 Defects in Conviolions 63 
 
 Definition of " Time " Act, (see Appendix) 
 
 Depositions of Witnesses to be in Writing 86 
 
 Description in Informations 70 
 
 Destruction of Seized Liquors ' i 
 
 Disorderly Conduct in Licensed Houses 25 
 
 Disorderly Houses, Procedure against Keeper of, etc., 25 
 
 Disposal of Liquor Seized " 
 
 Doctors' Certificates ' 5> 5^ 
 
 Drinking on Unlicensed Premises Si 7 
 
 Drinking on Licensed Premises during Prohibited Hours 50 
 
 Drinking on Premises of Chemists and Druggists 16 
 
 Drinking on Premises of Shop Licensee .14> 4° 
 
 Drinking on Premises of Wholesale Licensee 34t 49 
 
 Drinking of Non-Intoxicants in Store of Shop Licensee 43 
 
 Druggists, see Chemists, etc 
 
 Drunken Person Supplied with Liquor 25 
 
 " " Sale of Liquors to 25 
 
 Drunkard, Habitual, Provisions Respecting 68 
 
 Duties of Officers and Constables 62 
 
 28 
 54 
 39 
 3» 
 
 5 
 la 
 12 
 
 6 
 7,26 
 3. 4 
 
 31 
 
 8 
 
 •5.'7 
 
 15.20 
 
 18 
 
 7 
 12 
 12 
 3' 
 27 
 
 i'i 
 
 E 
 
 Evidence of Witnesses to be in Writing 85 39 
 
 Evidence of Prior Conviction 84 38 
 
 * ' Proving License '3 ^ 
 
 '• of Unlawful Removal : 35 >5 
 
 Evidence Presumptive, of Unlawful Sales 2, 11, 52 1,5,23 
 
 '« " of Keeping 4 3 
 
 •« " of Consumption 6 3 
 
 •• " of Sales in Clubs 18 8 
 
 ♦ « «• of Keeping in Clubs 2o 9 
 
 l!-| 
 
 Fees of Justices and Constables 
 
 Fines, see Penalties 
 
 Forfeiture of License ^6 
 
 Forfeiture of Beer and Wine License 24 
 
 Forfeiture of License for keeping Disorderly House 25 
 
 «' " for Harbouring Constables 26 
 
 S3 
 78 
 30 
 II 
 12 
 12 
 
THK LiyiOR LICENSE ACT "" 
 
 No. Pauk 
 
 Forfeiture of License for Internal Communication 44 ' 
 
 .. <. held by Vessels for IlleRrtl SellinK 5^ ■'4 
 
 ' 67 30,4^ 
 
 Forms, Schedule of • - o 
 
 Commitment, ( ist offence) Penalty Imposed 4" 
 
 Commit nuM»t, (and or 3rd offence) Imprisonment 49 
 
 Conviction, (ist offence) •♦^ 
 
 Conviction, (3rd offence) . . 4 
 
 Oeclaration of Forfeiture of Liquor Sei/cd ' 5' 
 
 Description of Offences 4 
 
 Information, (general form) "* 
 
 Information for 2nd, 3rd or 4th Offence 45 
 
 Offences, Description of ^ 
 
 Order to Destroy Liquor Seized ^ 
 
 Summons to Witness "* ' 
 
 Warrant to Search Unlicensed Premises 5° 
 
 Warrant for Restitution of Goods, Pawned, etc., 5 ' 
 
 Frequenters of Unlicensed Premises to give Names .... ■ • ' * 
 
 liability to .\rrest for giving False Name or Information, etc ^^ 
 
 o 
 
 Gaming or Gambling in Licensed Houses ... ^5 ' 
 
 Goods, Selling or Pawning of for Liquor. 33 
 
 H 
 
 68 31 
 
 Habitual Drunkards, Restrictions against ^^ ^ ^ 
 
 Harbouring Constables in Licensed Houses 
 
 I 
 
 69 3 J 
 
 Informations „ -2 
 
 «• Descriptions in and Amendments to ' ^ 
 
 Information, Summons and Procedure before J ustices ••• ' ■••;;•••;;; ^ ^^ ;;, 
 
 Inspectors' Costs • "' l^a: .so 22 
 
 Inspector should Prosecute for a Second Offence ^ ^^ 
 
 not to Accept Money, etc ... . ^^ 
 
 not to Issue Licenses Unlawfully ,„""■ ,, , , 
 
 Internal Communication between Licensed and Unlicensed Premises . . . . . . . . . 27 ^3 
 
 Interpretation Clauses • , , 
 
 it •< "Beer and Wine License 
 
 " ■ " "i^iquors" ... ••;;" ^J 
 
 II " "Shop License ' ^^ 
 
 II " "Tavern License" ^g 
 
 II II "Wholesale License" "^^ 
 
 75 34 
 
 Intoxicating Liquors 
 
 J 
 
 73 34 
 
 Jurisdiction of Justices 58 26 
 
 Justices to give ftoz/a/rf*- Certificates ..■■.■.■ '.'.".... 71 33 
 
 " , Procedure Before ^^ 
 
 " , Fees of., 
 
 K 
 
 Keeping Liquor for Sale without License 3 
 
m THE LigUOR LICENSE ACT 
 
 No. Taur 
 
 Keeping Liquor for Sale, PreNumptive Evidence of • ■ 4 ,\ 
 
 " " *• in ClubH iq 9 
 
 •• *• " •• , Presumptive Evidence or ao q 
 
 LicenHe, Defendant to Prove 13 f> 
 
 " , How Proved 28 13 
 
 " , to be kept Exposed 29 13 
 
 " , when Liable to Forfeiture (See Forfeiture of, etc. | .66 30 
 
 " CommiN!«ioner<i, Restolutions of. 81 37 
 
 •• '« '• how Proven 82 38 
 
 " " not to Accept Money or Issue Licenses Unlawfully. . ,59 a6 
 
 Licensed Premises, — Part H 11 
 
 Licensed and Unlicensed Premises, Communication between 27 13 
 
 Light in Bar Room, Presumptive Evidence, etc 52 23 
 
 Limitation of Prosecutions 74 34 
 
 •* Liquors," Interpretation of 75 34 
 
 "Liquors," right to Seize and Confiscate 11,17,19,24 5,8,9,11 
 
 Lodging, Tavern Keepers Refusing, etc., 30 13 
 
 Loitering in Bar Rooms by Minors 32 14 
 
 Magistrates, see Justices 33 
 
 Medical Practitioners' Certificates 58 26 
 
 Members of Municipal Corporations Violating Act 77 35 
 
 Minors, Sale of Liquors to in Licensed Houses 31 14 
 
 " Supplying Liquors to, in Clubs 21 9 
 
 " Loitering in Bar Rooms 32 14 
 
 Miscellaneous Provisions,— Part IV 25 
 
 Municipal Corporations, Members of, Violating Act 76 34 
 
 Municipal Officers Violating Act 77 35 
 
 N 
 
 Native Wines, Sale of 22 9 
 
 Non-Intoxicating Liquors and Cigars Retailed in Shops 42 17 
 
 •• '• Consumed in Shops 43 18 
 
 Obtaining or Applying for Liquor during Prohibited Hours 54 23 
 
 Obstructing Policeman, etc., 10 5 
 
 Occupant's Liability 8 4 
 
 Occupant (under Sec. 1 1 2) meaning of 9 4 
 
 Offences, Compromising or Compounding 61 27 
 
 " Procedure in Respect of Prior 84 38 
 
 '* Second and Subsequent 83 38 
 
 " Several on One Day 84 39 
 
 Officers, Duties of, etc 62 27 
 
 Patent and other Medicines, Act Respecting Sale of. 
 
 Pawning Goods to Licensees. 
 
 Penalties under Sections 70, 71 and 85 
 
 •33 
 
 .78 
 
 54 
 «4 
 35 
 
1 
 
 THE Myi^'^^R LICKNSE ACT ^^ 
 
 No. Pauk 
 
 , 7«) .^7 
 
 PenahieH, no Uemi»«ion or ^^ ^^ 
 
 " , Applicfttion of ' 
 
 Pcrn.itlin»f Con.uni|>tion on rnlUcnHod Premisei. ... » ^ 
 
 PerHons Found in Bar Room* aller Hours 3'^ ^^ 
 
 Police MaKislr.ites, Power of a JuHtices '^^ 
 
 PollinK Oayn. Sales, etc.. Prol.ibituil on ^'^ ^^ 
 
 Presumptive Kvidence, |See Kvidenccj ^'^ '^^ 
 
 Prior and Second Offences.... ^^ ^j. 
 
 Prior Convictions, Evidence to Prove ■ • • • '"" .^^ '^^ 
 
 Procedure before Justices ^^ ^,j 
 
 Production of Documents by Witness „ •,■■ ai 
 
 Prohibited Hours for SeilinK and Disposin^.-Part HI - ^ ^ 
 
 Prohibited Hours, Saturday Night. Sunday etc .. ...^ J ^^ 
 
 .. , From 11 p.m. to 6 a.m. DurniK Week 5 ^^ 
 
 •• " , Poilint? Days ' ^^ 
 
 <• >. , Other Days fixed by By-Law ■» ^^ 
 
 •• •' , on Vessels ^^ 
 
 «• •• , for Opening Bar Rooms * 
 
 «• '< , Applying for Liquor during 5^ ^ 
 
 It .. , Purchaser of Liquor during *^ 
 
 Prosecutions, wlien to be commenced [........Ho 37 
 
 Prosecutor, who may be ^ ^ 
 
 Purchasing from Unlicensed Person ^^ 
 
 Purchaser of Liquor during Prohibited Hours .... . . • _ --■- '^ g j " = 
 
 Purchasers Liability for Consumption on Premises of Wholesale or Shop_^^ ^^ 
 
 Licensee , o 5 
 
 Refusing Admission to Constable, etc ' _^^ ^^ 
 
 Remission of Penalties Forbidden .•• \^ 
 
 Removal of Liquor to Evade Conditions of License • • • J- _^-^ 
 
 Resolutions of License Commissioners • „ 
 
 ,. „ " , how proved "•• •» 
 
 8 
 
 Saturday Night and Sunday Prohibited Hours "5° ''^ 
 
 Searching Premises to Detect Offences.. ^^ ^ 
 
 Searching Unlicensed Premises Under Warrant ■■ ^^ ^^ 
 
 Second and Subsequent Offences ... ■ ■■ g 
 
 Second and Prior Offences, Procedure in Respect of • • • y • ^-^^ 4 ^^^ _ _ 
 
 Seizing and Confiscating Liquors •• 21 
 
 Selling During Prohibited Hours.-Part 11^.. ...••. ' ^ , 
 
 selling During Prohibited Hours, Saturda^^^^^^^^^^^^ ,0 . 
 
 ,, « , Penalty for (Sec. 71) '^ ^^ 
 
 „ «• .PollingDays " J 
 
 , Days Fixed by By-Law 50 ^^ 
 
 „ «• , on Vessels ^ ^ 
 
 Selling without License • ■ • j , 
 
 « , Presumptive Evidence ot 
 
 <« , Penality of (Sec. 70) "Jg ^^ 
 
 Selling to Unlicensed Persons for Re-sale 25 "2 
 
 Selling to Drunken Persons... -23 H 
 
 Selling Goods for Liquor >7 ^ 
 
 Selling in Clubs, etc., • • * ,8 8 
 
 • » Presumptive Evidence ot • 
 
ti2 THE LIVJUOR LICKNSK ACT 
 
 No. 
 
 SelliiiR by Relnil In SIio|«m 39 
 
 SdlinK by Kolail Noii-lnloxicaiilM and CiKorN 4i> 4^ 
 
 SellinK by Kelail in VVholcHHie lloiiNrH ■ ,47 
 
 Seller'n Liability tor ConMiniption on IIIn PrunuMCN 3b 
 
 Signi* on I'nIiceniieU Premisen 14 
 
 Si^nk on LiconMed IVemiNCM 37 
 
 " Shop l.icenKC," InterprelaJion of 30 
 
 Shop LicenNee, KetailinH; LewN tlian PrCNi-ribcd ^iianliliuN 39 
 
 " , Permit tinir Consumption on PremlMCN 34i40 'S>n 
 
 , llavinK Other GoodN tor Sale or Expowed for Sale in Liijuor 
 
 Store 4' 
 
 , Selling CigarH by Retail 41 
 
 , SellinK Non-lntoxieantit by Retail 4a 
 
 , Permitting ConMumplion of Non-IntoxicantN in Store ... .43 
 
 , Having Internal Communication between Orocury and Litpior 
 
 Store 44 
 
 Subsequent and Prior ConvictionH 83, H4 
 
 Summont and Procedure before Justices 71 
 
 Sunday Prohibited Hours 5^' 
 
 •i 
 It 
 II 
 
 rAii> 
 16 
 
 '7 
 l«) 
 
 lb 
 
 7 
 
 16 
 16 
 
 1(1 
 
 '7 
 '7 
 '7 
 iN 
 
 iH 
 3H 
 33 
 
 31 
 
 M 
 
 Tariff of Fees, Justices and Constables 53 
 
 ••Tavern License," Interpretation of 3** '^ 
 
 Taverns, Accommodation in 3° '3 
 
 Time, Act Respecting Legal Mea.iing of Expressions Relating to 54 
 
 Unlawful Sales, Presumptive Evidence of a. 1 1 .5* ' <5'33 
 
 •• Keeping " " 4 3 
 
 '* Consumption, Presumptive Evidence of 6 3 
 
 Unlicensed Premises. — Part I ' 
 
 Vessel^; Sale, etc. on. Prohibited 56 
 
 ^4 
 
 W 
 
 Warrant, Searching Premises Under 1 1 5 
 
 Witnesses, Evidence of, to be in Writing... 85 39 
 
 •• , Refusing to Attend, Produce, Answer, etc 86 39 
 
 • ' , Tampering with 87 40 
 
 •♦ , Who may be 4° 
 
 •'Wholesale License," Interpretation of 45 '8 
 
 Wholesale and Brewers' Licenses .46 19 
 
 •• Licensees Selling by Retail .........47 19 
 
 «• •• Selling to Unlicensed Persons for Re-Sale 48 19 
 
 «• " Permitting Consumption on Premises 49 20 
 
 «« •• See Beer and Wine 24 11