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any sheep, for the recovery of damages for the injury done to such sheep, in respect of which such conviction is had.” (16. s. 5.)

NOT NECESSARY TO PROVE KNOWLEDGE OF PROPENSITY.—“It shall not be necessary for the plaintiff, in any action of damages for injury done by a dog to sheep, to prove that the defendant was aware of the propensity of the dog to pursue or injure sheep; nor shall the liability of the owner or possessor, as aforesaid, of any dog, in damages for any injury done by such dog to any sheep, depend upon his previous knowledge of the propensity of such dog to injure sheep.” (Ib. s. 6.)

DEFENCE FOR KILLING A Dog.—“The defendant, in any action of damages for killing a dog under the first section of this act, may plead the general issue and give this act and the special matter in evidence: and by section eight the act is limited to Upper Canada.” (16. s. 7.)

SPIRITUOUS LIQUORS. It is proposed to quote 1st. The law which applies only to the licensing of taverns

and shops in cities; 2nd. The law applicable to places other than cities; 3rd. Those clauses respecting licenses which apply to all

municipalities; and 4th. The act for the punishment of persons selling liquor

without license. IN CITIES.—“ The commissioners of police in cities are empowered to grant certificates for tavern licenses for the retail of spirituous, fermented, or other manufactured liquors to be drunk in the inn, ale-house, beer-house, or other house, and to grant certificates for shop licenses.” (25 Vic. c. 23, sec. 2, sub. sec. 1.)

Number and Accommodation." The board of commissioners of police in any city shall not grant certificates for tavern licenses in any year in a proportion greater than one for

every two hundred and fifty souls resident in such city, as

shewn by the then last census or any subsequent special enumeration taken by order of the city council concerned; nor shall more than one in every twenty certificates of tavern licenses granted or issued in any city be granted or issued for any house or place unprovided with the following accommodations, that is to say: Four or more bedrooms, with the suitable complement of bedding and furniture for each, in addition to such bedrooms, bedding, and furniture as may be needed for the use of the family of the tavern-keeper.” (Ib. s. 3.)

Penalty.—Any officer or person who issues a license contrary to the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not less than forty dollars nor more than one hundred dollars, or may be imprisoned for a period not exceeding thirty days, or both, at the discretion of the court.” (Ib. s. 7.)

MUNICIPALITIES NOT CITIES.—“The council of every township, town, or incorporated village, may pass by-laws

1st. For granting tavern or shop licenses;

2nd. For declaring the terms and conditions required to be complied with by the applicant for license, and the security to be given by him for observing the same;

3rd. The declaring the security to be given by an applicant for a shop or tavern license for observing the by-laws of the municipality;

4th. For limiting the number of tavern or shop licenses respectively.*

5th. For regulating the houses or places licensed, the time the licenses are to be in force (not exceeding one year), and the sums to be paid therefor respectively. (Con. Stat. U. C. c. 54, 8. 246.)

Condition precedent.Municipality cannot issue licenses till at least thirty of the resident electors of the municipality, by petition, pray for the same. (23 Vic. c. 53, s. 1.)

Accommodation.—Every tavern shall contain, in addition to what may be needed for the family of the tavern-keeper,

They cannot license more than one for every two hundred and fifty souls in the municipality, as shewn by the last census. (25 Vic. c. 63, s. 3.).

not less than four bedrooms, with suitable bedding and furniture, and shall have attached to it proper stabling for at least six horses. (Ib. s. 3.)

Ecceptions.—In towns, the corporation may exempt three taverns from the necessity of having the accommodation required in last section. (16. s. 4.)

Penalty.—“Any officer of a municipality who issues a license contrary to the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction shall pay a fine of not less than forty dollars nor more than one hundred dollars, or may be imprisoned for a period not exceeding thirty days, or both.” (Ib. s. 6.)

APPLICABLE TO ALL MUNICIPALITIES.-No License required. -“ No tavern or shop license shall be necessary for selling any liquors in the original packages in which the same have been received from the importer or manufacturer, provided such packages respectively contain not less than five gallons or one dozen bottles.” (Ib. s. 249.)

Notice of License.—“Every person who keeps a tavern or other house or place of public entertainment, and has a tavern license, shall exhibit over the door of such tavern, house, or place, in large letters, the words 'Licensed to sell wine, beer, and other spirituous or fermented liquors,' under a penalty in default of so doing of one dollar, recoverable with costs before any Justice of the Peace, upon the oath of one credible witness, one half of which penalty shall go to the informer and the other half to the municipality.” (16. s. 251.)

Not to be consumed in Shop:-“Shop licenses not to anthorize sale of liquors to be consumed upon the premises." (Ib. s. 252.)

Transfer of License. — “Any inspector of licenses may, in his discretion, endorse on any license permission to the person holding the license to sell liquors mentioned in his license at any place out of his house, or to remove from the house licensed to another house situate within the same municipality.” (Ib. s. 260.)

DISORDERLY INNs.-" The mayor or police magistrate of a town or city, with any one Justice of the Peace, or the reeve of a township or village, with any one Justice of the Peace, upon complaint made on oath to them or one of them, of riotous or disorderly conduct in any inn, tavern, ale, or beerhouse situate within their jurisdiction, may summon the keeper of the inn, tavern, 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 complainant, or convict the keeper of having a riotous or disorderly house, and annul his license or suspend the same for not more than sixty days, with or without costs, as in their discretion may seem just.” (16. s. 264.)

SPIRITUOUS LIQUORS-OFFENCES RELATING TO. SALE OF, NEAR PUBLIC WORKS.—“No person shall barter, sell, or exchange or dispose of, directly or indirectly, to any other person, any alcoholic, spirituous, vinous, fermented or other intoxicating liquor, or any mixed liquor a part of which is spirituous or vinous, fermented or otherwise intoxicating, —and every such liquor or mixed liquor shall be included in the expression intoxicating liquor,' when used in this actnor shall expose, keep or have in his possession for sale, barter or exchange, any intoxicating liquor, at any place not included within the limits of any city, incorporated or other town or village, and being within three miles of the line of any railway, canal, or other public work in progress of construction, whether such work be constructed by the government of this province or by any incorporated company, or by private enterprise; nor shall any person obtain or receive a license to sell any intoxicating liquor at any such place as aforesaid, and any such license, if granted, shall be null.” (Con. Stats. C. ch. 30, s. 1.)

GOVERNOR MAY DECLARE WORKS WITHIN THIS Act." If any doubt at any time arise as to whether any work then in progress dees or does not come within the meaning of this section, the governor, if he sees fit, may declare by proclamation that such work is within the meaning of this section, and that the prohibition herein contained applies to any place within three miles of the line thereof, which line may be described and defined in such proclamation; and the declaration contained in such proclamation shall have the like force as if contained in this act, and the said prohibition shall apply accordingly." (Ib. s. 1, sub s. 1.)

Penalty.—“Any person who, in contravention of this act, by himself, his clerk, servant or agent, exposes or keeps for sale, or barters or sells, disposes of, gives or exchanges for any other matter or thing, to any other person, any intoxicating liquor, shall be liable to a fine of twenty dollars on the first conviction, forty dollars on the second, and on the third and every subsequent conviction to such last-mentioned fine and imprisonment for a period not more than six months, such fine to be paid over to the chamberlain, treasurer, clerk, or secretary-treasurer of the municipality in which the offence is proved to have been committed, for the use of the municipality, and be applied to such public purposes as the council thereof

may direct.

“And in default of payment of any fine and costs under this act, with the costs of prosecution, at the time of conviction, the offender shall be imprisoned until the same be paid, under warrant of the Justice, reeve, mayor, police magistrate, recorder or judge before whom the conviction is had; but no person shall be imprisoned for any offence under this act for fine or costs, or both for fine and costs, for a period exceeding six months.” (Ib. s. 2.)

AGENTS.—“If any clerk, servant or agent, or other person in the employment or on the premises of another, sells, disposes of, or exchanges for any other matter or thing, or assists in selling, disposing of, exchanging for any other matter or thing any intoxicating liquor, in contravention of this act, for the person in whose service or on whose premises he is, he shall be held equally guilty with the principal, and shall suffer the like penalty.” (1 6. 8. 3.)

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