exempted from duty unless they again return; and new CHAP. 22. vessels cleared on their first voyage after the first of September shall be exempted from further payment of duty until the first of April next following on payment of onehalf the amount of the above duty.

other vessels.

2. Other vessels coming into the province shall pay, on Light duties on entry, six pence per ton to the collector or other person appointed as hereinbefore mentioned, who shall grant a certificate thereof which shall exempt them from further duty until the first day of April then next.

3. Vessels passing through the straits of Canso without Light duties on the certificate hereinbefore mentioned, shall pay six pence through Cans vessels passing per ton; and a certificate thereof shall be granted which shall exempt them from further payment until the first day of April then next.

ploy exempted.

4. This chapter shall not extend to vessels or steamers Vessels in gobelonging to or in the service or employment of her majes- vernment emty's government, excepting steamers not belonging to her majesty and carrying mails, which shall pay duty.

mission.

5. The person receiving the duty shall pay the same Collector's cominto the provincial treasury, deducting five per cent. for his

commission.

6. If the master of any vessel liable to duties hereunder Penaity for nonshall refuse to pay or depart without paying the same, he payment. shall forfeit five pounds; to be recovered with the duties

in the name of the officer.

ized.

7. If the master shall not pay the duty when duly Seizure authordemanded, the officer shall seize the vessel and detain her until the same, together with the penalty of five pounds, is paid.

8. This chapter shall remain in force until the first of Date and limiApril one thousand eight hundred and fifty-nine.

tation of chapter.

CHAPTER 22.

OF LICENSES FOR THE SALE OF INTOXICATING LIQUORS.

licence-ap

1. The sessions in each county, upon the recommenda- Clerks of the tion of the grand jury, shall annually appoint as many pointment of, clerks of the license as they may think fit, and shall define &c.. the districts within which they shall exercise their authority, and such clerks of the license shall give bonds to her majesty, with such sureties and in such penalty as the sessions may direct for the faithful performance of their duties, and shall be sworn into office; and such officers shall be appointed although no licenses be granted in the county, provided that if the persons so appointed shall die, refuse

In case of death

CHAP. 22. to act, remove from the county, or from any other cause whatever shall be unable to act, a special sessions for the refusal to act, county shall, upon the requisition of any three freeholders addressed to the custos requiring him to call such special sessions, meet and appoint a suitable person to fill such office, subject to the conditions above mentioned.

&c.

No intoxicating liquors to be

cence except in

ages, and in

quantities

lons.

2. No intoxicating liquors shall be sold in quantities less sold without li- than ten gallons, to be delivered at one and the same time, original pack- unless in the original package in which imported, or by license, under a penalty of not less than one pound nor above ten gal- more than twenty pounds for every offence; and no such liquors shall be sold in the city of Halifax without license, unless in the original packages in which the same are imported, and when any intoxicating liquors are imported or sold in bottles contained in casks or cases, such casks or cases shall be considered the original packages.

Penalty.

Licenses-how granted, &c.

Not to be licensed.

Kinds of.

Form of.

Duty for-how fixed, &e.

Must be paid

granted.

Bond.

3. Licenses may be granted by the sessions upon the recommendation of the grand jury, except in the city of Halifax and the municipality of Yarmouth, where they may be granted agreeably to the acts incorporating those places respectively, but such recommendations may be rejected in whole or in part by the sessions: but no license to sell liquors shall be issued or granted to any person, who now does or hereafter shall keep a brothel, or house of ill fame.

4. Licenses shall be of the following kinds, viz: tavern licenses and shop licenses, and in the city of Halifax and town of Pictou there may also be granted general licenses to persons holding tavern or shop licenses.

5. Licenses shall be in the form in schedule A.

6. The courts of sessions in the various counties, and the city council of Halifax, and the municipality of Yarmouth, shall fix the amount of duty to be paid for each class of license, and the fees to be paid to the clerk of license and clerk of the peace for issuing the same, and also the commission to be paid to the clerk of license for collecting and paying over such debts.

7. Every person to whom a license shall be granted. before licence shall, before receiving the same, pay down the whole duties, and shall also enter into a bond with two sureties in the form in schedule B, which bond shall be prepared by the clerk of the licenses, and when executed shall be filed with the clerk of the peace.

Licenses free of duty.

Justices of the peace prohibit-. ed.

Registry of 11

cences.

8. Licenses free of duty or upon payment of a less duty than that by law imposed may be granted to persons living on public roads little frequented, to encourage them in keeping public houses for the accommodation of travellers. 9. No justice of the peace shall hold a tavern or general

license.

10. The clerk of the peace and clerk of the licenses shall each register in a book to be kept for that purpose a list of

licenses with the dates of such licenses, the names, addi- CHAP. 22. tions, and residence of the parties so licensed, and a memorandum of the houses or shops for which such licenses were granted, and a statement of the number of bonds taken and of the amount of duties paid; and such books shall be exhibited when required to the sessions and grand jury.

person holding

11. If any person holding a tavern license shall not, Tavern license— within ten days after obtaining the same, place a sign on must put up a the tavern with his name thereon, importing that liquors sign. are there to be sold, and that entertainment for man and horse can be there had, he shall forfeit a sum not exceeding Penalty. five pounds; and the neglect to do so for every ten days after every conviction, shall be deemed a fresh offence.

ting up a sign

12. If any person not having a license shall place on Penalty for putany building or in the neighborhood thereof, any inscription if possessing no importing that intoxicating liquors may be had there, he licence. shall forfeit a sum not exceeding five pounds; and every continuation of such inscription for ten days after conviction, shall be deemed a fresh offence.

maintaining

gambling, &c.,

drinking, &c.,

on Sundays.

13. If any person holding a tavern license shall not Penalties-not maintain good order on the premises, or if he shall permit good orderraffling or gambling thereon, or shall on Sunday permit persons other than lodgers or persons coming for necessary victualling only, to remain about the premises drinking or idly spending their time, or where not holding a general license also shall permit anything other than victuals and Exposing goods drink usually consumed in a tavern to be exposed for sale for sale. on the premises, or shall not have reasonable accommoda- Not having tion for travellers and their horses, cattle and conveyances, commodation. he shall forfeit his license and a sum not exceeding ten pounds for every offence, in the discretion of the court before which he shall be convicted.

reasonable ac

on Sunday.

14. If any person holding any license shall sell any in- Selling liquor toxicating liquors on Sundays, except in the case of tavern keepers, to lodgers on the premises, he shall incur the like forfeiture as mentioned in the last section.

restrictions of,

15. No person holding a shop license only shall sell less Shop licensethan one gallon of intoxicating liquors, to be delivered at &c. one and the same time, or shall suffer any intoxicating liquors to be drunk on the premises where sold, or any such premises to be opened on Sunday, under the same penalty as that mentioned in the thirteenth section.

quor not reco

lon.

16. No person shall recover or be allowed to set off any Charges for licharge for intoxicating liquors, in any quantity less than verable, &c. if one gallon, delivered at one and the same time; and all under one galspecialties, bills, notes, or agreements, given in whole or in part to secure any such charge shall be void; but nothing Exceptions herein contained shall extend to any charge made by a person holding a tavern license only against any boarder -or traveller.

CHAP. 22.

Receiving

ments of trade, &c., from servants, &c., or in pawn.

17. If any person holding a tavern license shall purchase from any servant or common laborer any wearing apparel, goods, imple- tools, or implements of trade or husbandry, or household goods, or furniture made up, or shall receive from any person any goods in pawn, any justice of the peace upon sufficient proof on oath of the fact, may issue his warrant Penalty-form for restitution of the property and for payment of the costs; of proceeding, and in default thereof for levy and sale of the offenders goods for double the value of the property and costs; and the offenders shall also be liable to a penalty of forty shillings.

Penalty against

married women

breach of act.

Proviso.

18. Married women and servants concerned in any or servants for breach of this act shall be liable to the penalty thereto attaching as if they were unmarried women or principals, provided the husbands or masters shall not have been prosecuted for the same offence, and upon any conviction of a married woman or servant under this section, the husband or master shall not be afterwards sued for the same offence.

Clerk of the licenses may visit premises.

Penaly for obstructing him.

Accounts of the clerks-when

19. The clerk of the licenses may, whenever he sees fit, visit the premises of persons holding tavern licenses to see that the provisions of this act are complied with, and he shall prosecute all offenders against such provisions, and if any person shall obstruct him in the exercise of his duty he shall forfeit the sum of five pounds, and may also be indicted for a misdemeanor and fired and imprisoned in the discretion of the court.

20. The clerks of the licenses, except in the city of rendered, &c. Halifax, shall render a half yearly account to the county treasurer of all duties collected and of all penalties or portions thereof payable into the county treasury which may have come into their hands, together with a statement of all judgments obtained for penalties so far as the same shall have come to their knowledge and which may be unsatis-penalties, &c. fied; and shall immediately on the receipt of any license to whom paid. duties, penalties, or portions of penalties, pay the same over to the county treasurer, deducting the commission.

Licence duties

Penalties, how recovered, &c.

Form of summons-conviction, &c.

Prosecutor or defendant may be witness.

Proviso.

21. Penalties under this chapter may be recovered in the name of any of the clerks of the licenses in their respective districts, or of any other person who will sue therefor, in the same manner and with the like costs as if they were private debts, except that the summons shall be in the form in schedule C, and upon conviction, such conviction shall be endorsed upon or annexed to the original summons in the form of schedule D, and the same when signed by the justices shall be held a valid conviction, and upon the trial of any cause under this chapter, either the prosecutor or the defendant, if he desire it, or at the instance and request of the other party, may be examined as a witness, provided that when the prosecutor without being

called by the other party appears as a witness he shall not CHAP. 22. retain any part of the penalty, but the whole shall be paid over as directed in the next section.

posal of.

22. Penalties under this chapter, except as provided in Penalties-disthe preceding section, shall be paid one half to the person sueing, and the other half into the county treasury, except Exceptions. in the cases of Halifax and Yarmouth, where the same shall be paid to the officers now by law authorized to receive such moneys.

23. Appeals from the decisions of the justices for any Appeals, how penalty or forfeiture incurred under this chapter, shall be granted. granted in the same manner as in the case of summary trials Form of, &c. before justices of the peace, and the defendant shall become Appeal bond. bound with two sufficient securities in a sum double the amount of the judgment to prosecute such appeal, and to pay all costs, fines and penalties, that may be imposed and taxed on the final disposition of the suit, and also that during the pendency of the appeal he or she will not violate any of the provisions of this chapter; and, in the case of certiorari, In case of cer instead of the bail required in such case, the same bond shall be given as in ordinary appeals, and in case of grant- In case of new ing a new trial the court may impose such terms on either party as may best promote the ends of justice.

tiorari.

trial.

24. The bond to be given on such appeal or on issuing Form of bond. a writ of certiorari, shall be in the same form as that in schedule E.

of non-attend

25. If any person subpoenaed as a witness in any suit or Penalty in case prosecution under this chapter shall not attend at the time ance, &c., of and place mentioned in the subpoena, without just cause to witnesses. be allowed by the court or justices before whom the suit or prosecution shall be had, or having attended shall depart without permission of the court or justices, or shall refuse to be sworn or give evidence on the trial, he shall forfeit a sum not exceeding ten pounds, to be levied by warrant of How levied. distress from the court or justices on the offenders goods, and for want of such distress such person shall be committed to gaol for a period not exceeding three months, or until the amount be paid; but no person shall be obliged to attend Must be paid or give evidence on any such trial until he shall have been paid his fees for travel and attendance.

their fees.

be indemnified

was a reason

the action.j

26. In suits instituted by the clerk of the licenses, where Prosecutor to the justice before whom the trial is had shall give judg- if justice certiment for the prosecution, or if he give judgment for the fies that there defendant, shall certify there was reasonable ground for able ground for commencing the suit, the prosecutor shall be fully indemnified for all costs and expenses on both sides, to be taxed by a judge of the supreme court, and to be levied by assessment or amercement on the county.

tween proof

27. No judgment shall be withheld on account of vari- Variance be ance between the proof and the summons, if it appears to and summons the satisfaction of the justice trying the cause that the

not to affect judgment.