CHAPTER 88. An Ordinance respecting the Construction of Chimneys. THE HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: 1. No person shall construct or use a chimney in any portion Chimneys of the Territories unless the same be constructed of walls of stone or brick and mortar, concrete or clay at least four inches thick and projecting at least three feet above the roof of the building wherein the same is or is to be used; or where Stove pipes stove pipes pass through a roof they must be firmly secured, the wood be cut away at least three inches from and around the pipe and protected by sheet iron, tin or zinc or pass through a safe the same as ceiling hereinafter mentioned. C.O., c. 88, s. 1. partitions 2. When stove pipes in any buildings lead through parti- Stove pipe tions, floors or ceilings the same shall be encased in solid brick passing through and mortar, concrete or clay so that at every point there shall be at least four clear inches between such pipe and any wood work or within metallic cylinders or stove pipe safes giving at least one inch and three-fourths air space all around on every side. C.O., c. 88, s. 2. 3. Any person violating the provisions of this Ordinance Penalty shall be subject to a fine on summary conviction not exceeding $50 and costs of prosecution. C.O., c. 88, s. 3. 4. The provisions of this Ordinance shall not apply to farms, Exceptions houses or buildings ten chains distant from one another and shall not apply to municipalities which have provided for the subject matter thereof. C.O., c. 88, s. 4. Short title Interpretation Board District Householder Dwelling house Justice Hotel license Licensee Person Licensed premises RELATING TO INTOXICANTS. CHAPTER 89. An Ordinance respecting the Sale of Intoxicating THE Lieutenant Governor by and with the advice and con- SHORT TITLE. 1. This Ordinance may be cited as "The Liquor License Ordinance." C.O., c. 89, s. 1. INTERPRETATION. 2. In this Ordinance and in the schedules thereto the words and expressions following shall, unless such interpretation be repugnant to the subject or inconsistent with the context, be construed as follows: 1. "Board" means the board of license commissioners; 3. "Householder" means (a) The owner or owners of any house or place of business not actually occupied by any other person under lease for a year or any longer term; (b) The tenant or tenants in actual occupation of any house or place of business under a lease for a year or any longer term. Husband and wife living together shall not be considered as separate householders but the husband shall be deemed the householder; 4. "Dwelling house" means an actual separate dwelling with a separate door for ingress and egress; 5. "Justice" means a justice of the peace; 6. "Hotel license" means and includes every license granted for the sale by retail of fermented, spirituous or other liquors which may be consumed on the premises on which the same is sold whether hotel premises or not; 7. "Licensee" means a person holding a license under this Ordinance; 8. "Person" includes every member of a firm and the servant, office holder, agent of a company, association or body of persons whether incorporated or not; 9. "Licensed premises" means the premises in respect of which a license under this Ordinance has been granted and is in force and extends to every room, closet, cellar, yard, stable, outhouse, shed or any other place whatsoever of, belonging or in any manner appertaining to such house or place; 10. "Liquor" or "liquors" means and comprehends all spir- Liquor ituous and malt liquors and all combinations of liquors and Liquors drinkable liquors which are intoxicating; Bar 11. "Public bar" or "bar" means and includes any room, Public bar passage or lobby in any licensed premises into which the public may enter and purchase liquors; [12. "Inspector" means a license inspector appointed by the Inspector Lieutenant Governor in Council under the provisions of this Ordinance ;] 13. "Sale by retail" means the sale of a quantity, not to Sale by retail exceed half a gallon at any one time, of ale, beer or porter or one quart of wine or spirits; 14. "Electors" means those who are entitled to vote at an Electors election for a member of the Legislative Assembly of the Territories; 15. "Judge" means a judge of the Supreme Court usually Judge exercising jurisdiction in the judicial district in which the license district (or the greater portion thereof) is situate. C.O. c. 89, s. 2; 1900, c. 32, s. 2. EXCEPTIONS FROM APPLICATION OF ORDINANCE. 3. Nothing in this Ordinance shall apply— Application of limited 1. To manufacturers of native wine from fruits grown and Manufacturer produced in Canada and who sell such wines in quantities of of native wine not less than one gallon or not less than two bottles of three half pints each at one time at the place of manufacture; 2. To any person who holds a license as auctioneer selling Auctioneer liquor at public auction: Provided that the liquor being sold forms part of an insolvent debtor's estate and is named in the inventory thereof and offered for sale under instructions from the creditor or creditors of such estate or his or their assignee, agent or trustee and that the stock of such liquors is not broken for the purpose of such sale and is not removed from the place in which such liquors were originally exposed under license; selling liquor forming part of insolvent debtor's estate in N.W.M.P. 3. To the sale of beer in any canteen of the North-West Sale of beer Mounted Police established under proper authority; such sale canteens to be restricted to members of the North-West Mounted Police; 4. To the sale of any liquor by virtue of an execution or Judicial sales other judicial process; [5. To a bona fide sale by a licensee of his stock of liquors in conjunction with a sale and transfer of his interest under the license; License districts Board of license commissioners commissioners 6. To a bona fide sale to a licensee or licensees by a person who has been the holder of a license at any time within sixty days after his license has ceased to be in force; 7. To a bona fide sale to a licensee by the personal representative of a deceased licensee at any time within sixty days after such decease; 8. To the mess of any portion of the militia of Canada established under proper authority such sale to be restricted to members of the militia of Canada.] C.O., c. 89, s. 3; 1901, c. 33, s. 1; 1904, c. 14, s. 1. LICENSE DISTRICTS. 4. The Lieutenant Governor in Council shall establish districts for the purposes of this Ordinance to be called license. districts and may from time to time alter and redefine the same; and the license districts when so established and when altered shall be announced by proclamation in The North-West Territories Gazette. C.O., c. 89, s. 4. LICENSE COMMISSIONER. 5. There shall be a board of license commissioners to be composed of three persons to be appointed from time to time by the Lieutenant Governor in Council for each license district and each of them shall cease to hold office on the thirty-first day of December in each year subject however to removal at any time before that date at the pleasure of the Lieutenant Governor in Council but may be reappointed and the said office shall be honorary and without any remuneration except that such commissioners may be allowed for their travelling and other expenses while attending meetings of the board the sum of $5 per day and their actual railway fare or expenses for horse hire and each of such boards may elect one of their number to act as chairman and one to act as secretary. Oath of office of (2) Every commissioner shall forthwith after his appointment and before performing any of the duties of his office take and subscribe the following oath or affirmation: I (name in full) do hereby solemnly swear (or affirm) that I will faithfully perform my duty as a license commissioner for license district number Sworn (or affirmed) before me, A. B., at in the North-West Territories this So help me God. [In the case of an affirmation the words "So help me God" shall be omitted.] (3) The said oath or affirmation shall be forthwith returned by the commissioner to the [Attorney General]. C.O. c. 89, s. 5. 1900, c. 32. s. 1. L CENSE INSPECTORS. 6. (Repealed) 1900, c. 32, s. 3. of license 7. The Lieutenant Governor in Council may appoint one or Appointment more license inspectors for any license district or for the Ter- inspectors ritories and shall fix their salaries or fees and prescribe their duties. No. 7 of 1897, s. 7. visit licensed directed 8. It shall be the duty of every inspector from time to time Inspectors to when directed by the [Attorney General] to visit and inspect places when every licensed place within the district and to report forthwith to him every case of infraction of the provisions of this Ordinance; and every inspector shall at once and in conformity with. the provisions herein contained prosecute any person so offending and shall suffer no unnecessary delay to intervene between his obtaining the information and the prosecution. C.O., c. 89, s. 8; 1900, c. 32, s. 1. 9. (Repealed) 1900, c. 32, s. 4. information 10. In case any person gives to the inspector information Inspector to lay justifying the prosecution of any person for offences against and prosecute this Ordinance it shall be the duty of the inspector to lay the information in his own name and prosecute. C.O., c. 89, s. 10. nspectors [11. The council of any city, town or rural municipality or the ratepayers of any village at the annual meeting or at any may appoint special meeting called for that purpose may appoint an inspector or inspectors of licenses who shall have all the powers conferred by this Ordinance upon inspectors within the limits of such city, town, rural municipality or village; and in case any person is convicted of an offence against any of the provisions of this Ordinance through the action of such inspector then the Territorial Treasurer shall pay to such city, town, rural municipality or village one half of any fine recovered through such conviction., 1900, c. 32, s. 5. LICENSES. 12. Licenses shall be either, (a) "Hotel" or (b) "Wholesale." (2) Licenses shall be signed by the [Attorney General] and shall be in form F appended hereto. Form of (3) Under a wholesale license the licensee may sell and dispose of liquors in the warehouse, store, shop or place defined in wholesale the license in quantities of not less than one-half gallon in each cask or vessel and in case of such selling by wholesale as in respect of bottled ale, beer, porter, wine or other fermented or spirituous liquors each such sale shall be in quantities not |