Section 122 amended Section 123 amended Interdicted person not to be found in bar room or whole sale store Subsection 13 of section 124 amended New section 127 Bottled liquors not to be mixed in the bottle, and bottles not licensee words "and clubs incorporated by special ordinance of the North-West Territories or by special Act of the Province of Alberta." 33. The said section 122 is further amended by inserting after the word "guardian" in clause (b) thereof the words "or child of twenty-one years or upwards." 34. Section 123 of the said Ordinance is amended by adding thereto the following subsection: "(2) Any interdicted person who frequents or is found in the bar room of any licensed hotel or on premises for which a wholesale license has been granted shall be guilty of an offence against this Ordinance and on being so found in any such bar room or premises for which a wholesale license has been granted may be arrested and on summary conviction shall be liable to a fine of not more than $50 and in default of payment forthwith after conviction to imprisonment for not more than one month." 35. Subsection 13 of section 124 of the said Ordinance is amended by striking out the word "appeal" therein and substituting therefor the word "repeal." 36. The following section is added to the said Ordinance: FRAUD IN SALE OF LIQUOR. "127. Bottled liquors procured by the licensee of a licensed hotel for the purpose of supplying the same to customers or to be refilled by guests shall be kept while on the licensed premises in the bottles in which such liquors are delivered to such licensee and in no case shall any other liquor or any substance or liquid be put into any such bottle and no bottle after being emptied of such bottled liquor shall be refilled either partially or wholly by the licensee of such licensed premises or any other person on his behalf for the purpose of supplying liquor or any substance or liquid to any customer or guest. Use of false labels, etc., prohibited Mixture of drugs, etc., with liquor prohibited (2) No licensee shall use or permit to be used any sign or label upon any bottle, cask or other vessel in which liquor is kept for sale upon the licensed premises, which does not correctly and truly state the nature of the contents of such bottle, cask or other vessel, or which is in any manner calculated to mislead a customer or guest as to the nature, description or quality of such contents. (3) No licensee or any other person shall for any purpose whatsoever mix or permit or cause to be mixed with any liquor sold or supplied by him on the licensed premises as a beverage any drug or any form of methylic alcohol or any crude, unrectified or impure form of ethylic alcohol or other deleterious substance or liquid. (4) Any person violating any of the foregoing provisions Penalties of this section shall be liable upon conviction for a first offence to a fine of not less than $20 and not more than $50 besides costs or to imprisonment for a period of three months, and upon conviction for a second offence to a fine of not less than $50 nor more than $100 or to imprisonment for a period of six months, and upon conviction for a third offence to imprisonment for a period of twelve months. to see that law (5) Any inspector or any special officer appointed by the Taking samples Attorney General may at any time take from the liquors kept observed by any licensee upon the licensed premises sufficient thereof for the purpose of analysis to ascertain whether or not any of the provisions of this section have been violated, and such special officer shall, if required before taking such liquor, produce the authority under which he acts in writing signed or purporting to be signed by the Attorney General." amended 37. Form J in schedule 1 of the said Ordinance is amended Form J by substituting the word "two" for the word "one" where it appears therein. amended 38. Form M in schedule 1 of the said Ordinance, as added Form M by section 9 of chapter 14 of the Ordinances of 1904, is amended by adding after the figures "$50.00" where they appear therein the following words "and in the event of your being found in a bar room or wholesale liquor store you may be arrested and fined a further sum of $50.00 for each such offence." 39. Section 24 of the said Ordinance as amended by section 4 of chapter 26 of the Ordinances of 1903 (first session) is further amended by adding thereto the following subsection: horses to be "(9) Every hotel licensee shall, except in cities and towns, Stabling for provide stabling for at least sixteen horses in addition to any provided horses of his own; but nevertheless the board may dispense with this requirement in any case in which it is satisfied that there is otherwise sufficient accommodation in this respect in the neighbourhood." schedule 1 40. Form A in schedule 1 to the said Ordinance is amended Form A by substituting the word "twenty" for the word "ten," and amended by substituting the word "forty" for the word "twenty" in the second line of clause 4 of said form. schedule 1 41. Form B in schedule 1 to the said Ordinance is amended Form B by substituting the word "twenty" for the word "ten" in the amended second line, and by substituting the word "forty" for the word "twenty" in the third line of said form. 42. Subsection 1 of section 46 of the said Ordinance is amended by striking out subclauses numbered 1 and 2, and inserting in lieu thereof the following: "1. For each hotel or wholesale license in cities having ten thousand inhabitants or over, $400. 2. In other places, $200." 43. This Act shall come into force on the first day of July, 1907. 1907 CHAPTER 10. An Act respecting Villages. (Assented to March 15, 1907.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: SHORT TITLE. 1. This Act may be cited as "The Village Act." INTERPRETATION. 2. In this Act unless the context otherwise requires Short title 1. "Village" means and includes any village now existing Village as such, and any village hereinafter organized under the provisions of this Act; 2. "Minister" means the Minister of Public Works of the Minister Province of Alberta; 66 3. Person" includes corporation, joint stock company Person and partnership; 4. "Council" means the council of a village; Council 5. "Councillor" means a member of any village council Councillor and includes the chairman of the council; 66 6. Secretary" means the secretary of a council and Secretary includes any person for the time being appointed. by such council to perform the duties of secretary, treasurer, or secretary-treasurer; any 7. "Elector" means any person qualified to vote at Elector election under this Act; . 8. "Owner" includes any person who has any right, title Owner or estate whatsoever or any interest other than that of a mere occupant in any land; 9. "Occupant" includes the inhabitant occupier of any Occupant land or if there be no inhabitant occupier the person entitled to the possession thereof and the leaseholder or holder under agreement for lease and holder under agreement for sale, and any person having or enjoying in any way or for any purpose whatsoever the use of land; 10. "Ratepayer" means any owner or occupant over Ratepayer twenty-one years of age of land in the village; Taxable person Land Public notice Prescribed Gazetted Year Hawker or pedler Notice of intention to 11. Taxable person" means any person who may be taxed in respect of ownership or occupancy of any land; 12. "Land," "lands," or "real property," includes lands, tenements and hereditaments and any estate or interest therein; 13. "Public notice" or "published" means a notice published in some newspaper issued in or near the area within which notice is to be given or by written or printed placards containing the notice affixed to public places within the area. In cases where notice is required to be given of any document or its contents it shall be sufficient if the notice sets forth the object, purport or general effect of the document; 14. "Prescribed " means prescribed under or by this Act or by any regulation or resolution made under its authority; 15. "Gazetted" means published in the official gazette; 16. " Year" means the calendar year; 17. "Hawker" or "pedler" means and includes any person who (being a principal or any agent in the employ of any person) goes from house to house selling or offering for sale any goods, wares or merchandise, or carries and exposes samples, patterns or a prospectus of any goods, wares or merchandise to be afterwards delivered within the province to any person not being a wholesale or retail dealer in such goods, wares or merchandise; but shall not mean or include any person selling meat, fish, fruit, agricultural implements, sewing machines or farm produce by retail, or canvassing for or taking subscriptions for any newspaper or periodical magazine. 3. Whenever the minister is satisfied by such proof as he establish village may require that any portion of the province comprising an area not greater than six hundred and forty acres, no part of which is within the lin.its of a municipality, contains not less than twenty-five occupied dwelling houses, he may cause notices to be posted up in three conspicuous places within such area, one of which shall be the post office therein if there be one, that it is proposed to establish the same as a village after the expiration of thirty days from the date of posting such notices. Establishment of village 4. After the expiration of the said thirty days the Lieutenant Governor in Council may by order establish a village comprising the said area or some portion thereof containing not less than twenty-five occupied dwelling houses, fix a day for the election of a council and appoint a suitable person to act as returning officer at such election. (2) The Lieutenant Governor in Council shall by the said. order give a name to the village which may be the name of the post office therein, if any, or such other name as he may consider suitable and shall define the boundaries of the said village. |