"(2) Every licensed hotel shall have two public sitting rooms separate and distinct from the bar room. "(3) The foregoing subsections shall not apply in the case of hotels for which a licence is in force or recommended by the board of licence commissioners at the passing of this Ordinance until the first day of July, 1905, the provisions of the first and second subsections of the said repealed section 24 remaining in force in respect of such hotels until the said first day of July, 1905. "(4) Every licensed hotel shall be provided with suitable and sufficient appointments and appliances for serving meals daily to travellers. "(5) Every licensed hotel shall be provided with suitable privies to be approved by the inspector which shall at all times be kept clean and ventilated. (6) The premises, furniture, bedding and other appointments of every licensed hotel shall at all times be kept clean. (7) The non observance of any of the provisions of this section shall be deemed to be a violation by the licensee of such provisions." 5. Subsection (3) of section 37 of the said Ordinance is Section 37 hereby repealed and the following substituted therefor: "(3) After the first day of July, 1903, no application for a new licence and after the first day of July, 1904, no application for a renewal licence shall be entertained in respect of any hotel or wholesale premises not situate in some city, town or village, or some place containing not less than fifteen dwelling houses within an area not greater than 1,280 acres." amended 6. Section 46 of the said Ordinance is hereby amended amended by adding thereto the following subsection: Section 46 Village "(4) Any village which has appointed an inspector under licence fee the provisions of section 11 of this Ordinance may by resolution passed at the annual meeting or any special meeting called for that purpose require each licensee to pay to the overseer for the use of the village a licence fee not exceeding fitty dollars which fee shall be paid and a receipt given therefor and the same forwarded to the Attorney General before the licence is issued by him but until the Attorney General has been furnished with a certified copy of the resolution appointing a licence inspector and the resolution fixing a licence fee such last mentioned resolution shall not be deemed to be effective." Subsection 2 7. Subsection 2 of section 64 of the said Ordinance is section 64 hereby amended by striking out the words "or any other amended Ordinance of the Legislature of the Territories" where they occur therein. Subsection 4 Section 64 amended Section 64 further amended Section 67 amended Subsection 1 section 78 amended New section 82 Penalty for breach section 64 New section 85 8. Subsection (4) of section 64 of the said Ordinance is hereby amended by adding thereto the following words," and the presence in the bar room of any person not a member of the licensee's family or a regular employee of the licensee shall be prima facie evidence of the keeping open of such bar room." 9. Section 64 of the said Ordinance is hereby further amended by adding thereto the following subsection: "(6) The sale or other disposal of liquor by a licensee at any bona fide banquet or supper being held in his licensed premises to any person in actual attendance at such banquet or supper at any time before one o'clock a.m. shall not be deemed to be a violation of the provisions of this section provided the said licensee has obtained the written permission of a licence commissioner for the licence district in which his licensed premises are situate for such sale or other disposal." 10. Section 67 of the said Ordinance is hereby amended by adding thereto the following subsection: "(2) No musical instrument, dancing or other form of attraction shall be permitted in such bar room. 11. Subsection 1 of section 78 of the said Ordinance is hereby amended by inserting between the words "one" and "gallon" where they occur therein the word “half.” 12. Section 82 of the said Ordinance as amended by section 12 of chapter 33 of 1901 is hereby repealed and the following substituted therefor: 82. Violation of any of the provisions of subsections (1), (2) and (4) of section 64 hereof shall be an offence for which the person violating shall be liable on summary conviction: "For the first offence to a penalty of not less than $50 nor more than $100 and in default of payment forthwith after conviction to not less than two months' nor more than four months' imprisonment; "For the second or any subsequent offence to a penalty of not less than $100 nor more than $200 with absolute forfeiture of licence and in default of payment forthwith after conviction to not less than four months' nor more than six months' imprisonment with absolute forfeiture of licence or to imprisonment for not less than one month nor more than six months with absolute forfeiture of licence or to both fine and imprisonment with absolute forfeiture of licence." 13. Section 85 of the said Ordinance is hereby repealed and the following substituted therefor: selling liquor licence 85. Any person who sells or barters liquor of any kind Penalty for without the licence therefor by law required shall be guilty of without an offence and on summary conviction thereof shall be liable "For the first offence to a penalty of not less than $50 nor more than $250 and in default of payment forthwith after conviction to not less than two months' nor more than six months' imprisonment; "For a second offence to a penalty of not less than $200 nor 14. Paragraph 2 of section 105 of the said Ordinance is Section 105 hereby repealed and the following substituted therefor: amended conviction "2. Such previous conviction may be proved prima facie by Proof of the production of a certificate purporting to be under the hand previous of a convicting justice or the clerk of the court to whose office the conviction has been returned or the Attorney General without proof of signature or official character and without proof of identity of the person charged with the person named in such certificate." 15. Section 125 of the said Ordinance is hereby amended Section 125 by adding thereto the following proviso: amended effect pro clauses of N.W.T. "Provided that the Lieutenant Governor may by proclama- Proclamation tion declare the provisions of the said sections 92 to 100 to to bring into be in force from a day to be mentioned in said proclamation in hibitory any part of that portion of the Territories specified in this SWT. Act section and thereupon the provisions of the said sections 92 to 100 shall be deemed to be re-enacted from the day so mentioned in respect of that part of the Territories specified in the said proclamation." section 20, 16. Subsection 3 of section 20 of chapter 33 of the Ordin- Subsection 3 ances of 1901 is hereby amended by striking out the figures chapter 33 of "100" where they occur therein and substituting therefor the 1901 amended figures "210." distillers 17. Sections 81 and 85 of the said Ordinance shall not pre- Brewers and vent any brewer, distiller or other person duly licensed by the licences Government of Canada for the manufacture of spirituous, fermented or other liquors from keeping or selling in such quantities as are hereby authorised any liquor manufactured by him provided the building in which such liquors are kept Quantities that may be sold Amendment of information forms no part and does not communicate by any entrance with any shop or premises wherein any article authorised to be manufactured under such license is sold by retail, or wherein is kept any broken package of such articles, and provided also that such brewer, distiller or other person has applied for and obtained a licence to sell by wholesale in the quantities hereinafter specified. (2) The licences granted under this section shall authorise the sale of liquor in quantities of not less than three gallons in each cask or vessel at any time or where such sale is in respect of bottled liquor in quantities of 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. (3) The provisions of said Ordinance as to applications for licences and the proceedings thereon shall not apply to licences granted under this section. (4) Such licence shall expire on the thirtieth day of June in each year and the fee payable therefor shall be $210 or a proportionate part thereof. 18. In any prosecution for the violation of any of the provisions of the said Ordinance in the event of any variance between the information and the evidence adduced in support thereof the justice or justices hearing the case may amend such information and may substitute for the offence charged therein any other offence against the provisions of said Ordinance. but if it appears that the person charged has been materially misled by such variance he shall be granted an adjournment of the hearing if he applies therefor. 1908 CHAPTER 27 An Ordinance to amend Ordinance No. 33 of 1893, intituled "An Ordinance to incorporate the City of Calgary" and amending Ordinances [Assented to April 25, 1903.] HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: Section 2 1. Section two of Ordinance No. 33 of 1893 as amended by chapter 40 of the Ordinances of 1901 is hereby further amended amended by adding thereto the words following: "And all that portion of the N. E. of section 11 in township 24 range 1, west of the fifth meridian in the Districtof Alberta, now owned by the City of Calgary and the road allowances or streets laid out on the north and west sides of such quarter section are declared to be within the limits of the City of Calgary for all purposes notwithstanding anything herein contained and the limits of the said city are hereby extended accordingly." 2. Section 4 of Ordinance No. 33 of 1893 is hereby amended Section 4 by adding thereto the following words: And the Mayor of the city shall during his term of office be ex-officio a justice of the peace." amended amended 3. Section 7 of Ordinance No. 35 of 1893 is hereby amended Section 7 by inserting after the word "nomination" in the eighth line thereof the following: "And with such statement shall be filed the following oath or affirmation subscribed and sworn (or affirmed) before some person authorised to administer oaths within the Territories: I (name of candidate) swear (or affirm) that I am a male British subject of the full age of 21 years; that I reside or have my chief place of business within the City of Calgary; that I am not disqualified from being elected as (mayor or alderman, as the case may be) of the City of Calgary under the provisions of Ordinance No. 33 of 1893 of the North-West Territories, being the charter of the City of Calgary, or amending Ordinances; and that I am assessed on the last revised assessment roll of the city for... . dollars for real estate, or for.... ...dollars for personal estate (as the case may be) and that I now am the owner of real estate in the said city to the amount of at least one thousand dollars, over and above the amount of all incumbrances thereon, or am the |