Yearly estimates. Accounts. "Free Library Rate." (1.) After such by-laws or rules have been published weekly for at least two weeks in a newspaper published in the municipality, or in a newspaper circulated therein if no newspaper is published therein, the by-laws and rules so published shall be binding on all parties concerned; but any Judge or Magistrate before whom a penalty imposed thereby is sought to be recovered, may order a part only of such penalty to be paid if he thinks fit: (2.) Nothing herein contained shall preclude the recovery of the value of articles or things damaged, or the amount of damage sustained, from parties liable for the same. 6. The board of management shall, in the month of March in every year, make up, or cause to be made up, an estimate of the sums required to pay during the ensuing financial year : (1.) The interest of any money borrowed as hereinafter mentioned: (2.) The amount of the sinking fund; and (3.) The expense of maintaining and managing the libraries, newsrooms, or museums under their control, and of making the purchases required therefor: (4.) The board shall report their estimate to the council not later than the first day of April in each year. 7. The board of management shall keep distinct and regular accounts of their receipts, payments, credits, and liabilities, and the accounts shall be audited by the auditor of the municipality in like manner as other accounts of the municipality, and shall thereafter be laid before the council by the board of management. 8. For the purpose of providing for the expenses necessary for carrying this Act into effect, the council of the municipality, in addition to all other rates and assessments levied and assessed for municipal purposes, shall levy and assess from year to year a special annual rate sufficient to furnish the amount estimated by the said board to be required as aforesaid, but not exceeding one half of a mill in the dollar, upon the assessed value of all rateable real property, such rate to be called "The Free Library Rate:" (1.) The council may also, subject as hereinafter provided, on the rate, such amount as shall be required to meet the annual (3.) All moneys levied or raised as aforesaid shall be received by the (4.) Any by-law for raising money by a special issue of debentures shall be submitted to the electors of the city, in the manner provided for in the Act incorporating the City of Vancouver for raising, upon the credit of the city, any money not required for its ordinary expenditure. 9. All libraries, news-rooms, and museums established under this Libraries to be free. Act shall be open to the public, free of all charge. tutes. 10. At any time after the adoption of this Act in any municipality, Mechanics Instiany Mechanics' Institute or Library Association in the municipality may, by agreement with the board, transfer to the corporation of the municipality, for the purposes of this Act, all or any property, real or personal, of the Institute or Association: (1.) In case the transfer is to be made on terms involving the assumption of any liability of the Institute or Association, or the payment of any money in consideration of the transfer, the agreement shall not be binding, unless approved of and consented to by by-law of the municipal council. 11. Upon the coming into operation of this Act in any municipality, To form part of Act of Incorporation. it shall, as regards such municipality, be deemed to be incorporated with the Act incorporating the city. 12. All the powers vested in the board of management, and all the Evening classes, duties imposed upon the said board with respect to libraries, newsrooms, and museums, shall be considered as applicable to the evening classes established under this Act; and in the event of the establishment of such classes, the board shall have the same powers with respect to the appointment and dismissal of teachers or instructors as they now possess with respect to other salaried officers. 13. Any person who wilfully interrupts or disquiets any free library, Penalty for disturbestablished and conducted under the authority of the said Act, by rude ing libraries. and indecent behaviour, or by making a noise, either within the library or so near thereto as to disturb the persons using the same, shall for each offence, on conviction thereof before a Police Magistrate or Justice of the Peace, forfeit and pay for library purposes, to the municipality within which the offence was committed, such sum not exceeding twenty dollars, together with the costs of conviction, as the said Police Magistrate or Justice may think fit. VICTORIA, B. C.: Printed by RICHARD WOLFENDEN, Printer to the Queen's Most Excellent Majesty. HER Liquors. [20th April, 1891.] ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows: be debarred from the 1. When it shall be made to appear in open Court sitting in A "Drunkard" may the county in which he resides that any person summoned before use of liquor. such Court by excessive drinking of liquor, misspends, wastes, or lessens his estate, or greatly injures his health, or endangers or interrupts the peace and happiness of his family, such person shall be deemed to be a "drunkard" within the meaning of this Act, and any Stipendiary Magistrate holding Court shall, by writing under the hand of such Magistrate, prohibit any licensed person from selling to such drunkard any liquor for the space of one year, and such Magistrate may then, or at any other time in like manner, prohibit the selling of liquor to such drunkard by any licensed person of any other city, town, or district to which he resorts or may be likely to resort for the same: a drunkard. (1.) Any licensed person so prohibited, or any servant or agent of Penalty for selling to such person, who with knowledge of the prohibition shall violate the foregoing section shall for a first offence be liable, upon summary conviction, to a penalty not exceeding fifty dollars, and for a second and any subsequent offence to a penalty of not less than twenty dollars and not exceeding one hundred dollars: (2.) Saving the case where liquor may be supplied under the direction Penalty for procuring or sanction of a medical man or a minister of religion, if any person q liquor for a drunk with a knowledge of such prohibition, as aforesaid, gives or sells to, or purchases or procures for, such drunkard, or for his use, any liquor, such person shall, upon summary conviction, incur for every such offence a penalty of not less than twenty dollars and not exceeding one hundred dollars: 79 CHAP. 21. LIQUOR LICENSES. 54 VICT. (3.) The drunkard may at any time while the same is in force, apply Judge to set aside to any County Court Judge, sitting in the county where the prohibi Drunkard may apply to County Court prohibition. operation tion was issued, to set aside such prohibition, after having given seven days' notice of intention so to do to the Magistrate who signed the said prohibition. The Judge may upon hearing the said party and any witnesses, either viva voce or upon affidavit, set aside the said prohibition, or dismiss the said application as in his discretion may seem best Provided, nevertheless, that before any such prohibition shall be set aside by the Judge, it shall be made to appear that the wife or husband (if married and residing with such wife or husband, as the case may be) of the person applying, has knowledge of such application and consents thereto. When person asks to 2. The provisions of the preceding section and its sub-sections have Act put in against shall apply to any person who in writing in the presence of such Magistrate personally requests such Magistrate to put the same in operation against himself. himself. Penalty for supply. ng liquor to intoxicated person. Sunday closing. Penalty. Travellers. 3. It shall be unlawful for any licensed, or other person, to furnish any liquor to any intoxicated person, and any one who violates this section shall be liable on summary conviction to a penalty of not less than twenty dollars nor more than fifty dollars. 4. In all places where liquor is or may be sold by wholesale or retail, no sale or other disposal of the said liquor shall take place therein, or on the premises thereof, or out of or from the same, to any person or persons whomsoever, from or after the hour of eleven of the clock on Saturday night till one of the clock on Monday morning thereafter, nor during any further time on the said days, nor any hours or other days during which, by any Statute in force in this Province, or by any by-law in force in the municipality wherein such place or places may be situated, the same, or the bar-room or barrooms thereof, ought to be kept closed, save and except in cases where a requisition for medicinal purposes, signed by a licensed medical practitioner or by a Justice of the Peace, is produced by the vendee or his agent; nor shall any liquor, whether sold or not, be permitted to be drunk in any such places during the time prohibited by this Act for the sale of the same, except by the occupant or some member of his family: (1.) Any infraction of this section shall be punishable for a first offence by a fine of not less than twenty dollars nor more than fifty dollars, and for a second offence by a fine of not less than thirty dollars nor more than one hundred dollars, to be recoverable in either case with costs upon summary conviction : (2.) The provisions of this section shall not apply to the furnishing of liquor to bonâ fide travellers, nor to the case of hotel and restaurant keepers supplying liquor to their guests with meals. 80 |