subsequent 899. Every person, in any part of the Province, selling Penalty on intoxicating liquors without a license, and being convicted second and thereof a second time, shall be liable to a fine of double the convictions amount imposed the first time, and, for the third and every for selling liquor without subsequent time, shall be condemned to imprisonment, in the license. common gaol, for not less than three or more than six months. 50 V., c. 3, s. 8. than a certain 900. Any one holding a retail liquor shop license, and who Penalty for sells in such shop, or in any place whatsoever, within the selling in a limits of this Province, any intoxicating liquors in quantity shop, or in a retail liquor less than one imperial pint, at one and the same time, or hold- wholesale liing only a wholesale liquor shop license, sells in such shop, or quor shop, less within the above mentioned limits, any of said liquors, in quantity quantity less than two imperial gallons, or one dozen bottles, while containing not less than one imperial pint each, at one and the same time, becomes liable to a fine of ninety-five dollars for License to be such contravention, and, upon conviction of a second offence, second the court seized of the case shall annul such license. licensed. annulled for offence. premises. The same fine is applicable to the case of a person holding a Idem, outside license, who sells, in any quantity whatsoever, intoxicating licensed liquors, outside the place and its dependencies, for which the license has been obtained. 43-44 V., c. 11, s. 22; 51-52 V., c. 10, s. 10. gal drinking 901. Every licensee for the sale of intoxicating liquors in Penalty for shops, but not for keeping a house of public entertainment, allowing illewho allows intoxicating liquors, sold therein, to be drunk in of liquors. the said shop, or its dependencies, either by the purchaser, or Sale outside by a person not residing with or in the employ of said licensee, the place or who sells such liquors, in any other place than that desig- license. nated in the license or who sells them to any minor, is liable Sale to to the same fine of seventy-five dollars. 41 V., c. 3, s. 74; 43-44 V., c. 11, s. 23; 51-52 V., c. 10, s. 12. designated in minors. sold. 902. The purchaser of intoxicating liquors, in a licensed Illegal drinkshop, is forbidden to drink, or cause any one to drink, or to ing of liquors allow the said liquors to be drunk, in the shop where the same have been purchased under a fine of ten dollars for each contravention. 41 V., c. 3, s. 75. 903. Every licensee to keep a temperence hotel, who allows Liquor drunk intoxicating liquors to be drunk in his house or dependencies, in a temperincurs a fine of twenty dollars for each contravention. 41 V., c. 3, s. 76. ance hotel. 904. Every proprietor or master of a steamboat or vessel Steamboat holding a license under this section, who allows his steamboat bar open or bar to remain open, or who sells or allows intoxicating liquors staying in sale, whilst port or at a wharf. Fraud, indu lieve a license tained. to be sold on board, during the time that such steamboat or vessel is staying in a port, or at a wharf, or at any place of disembarkation, is liable to a fine of one hundred dollars. 41 V., c. 3, s. 77; 43-44 V., c. 11, s. 24. 905. Any person, not being the holder of any one of the cing to be- licenses hereinabove mentioned, who exhibits, causes to be exhas been ob-hibited, or allows the exhibition, in or on any part of his house or its dependencies or of his vehicles, of any sign, inscription, painting, or any other sign whatsoever, of a nature to induce the public or travellers to believe that the sale of intoxicating liquors is authorized therein in any quantity, and that he is the holder of a license to that effect, is liable to a fine of twenty dollars for each contravention. Keeping liquors with out license. Repetition of offence. Penalty on The same penalty is incurred by any licensee, who, by any of the means mentioned in this article, seeks to induce the public or travellers to believe that he holds a different license from that which has been granted to him. 41 V., c. 3, s. 78; 43-44 V., c. 11, s. 25. 906. Any one, not being a licensee as hereinabove mentioned, who keeps or allows to be kept in his house or dependencies, in storage or otherwise, for the purpose of making a sale thereof, any intoxicating liquors, shall be liable to a penal prosecution, in which he may be condemned to pay a fine of twenty dollars for all contraventions of this article committed up to the time of the institution of such prosecution, if it he the first so brought. In case of repetition of the offence, he may again be prose cuted, and condemned to pay a like fine of twenty dollars, for all the contraventions committed, from the time of the first prosecution to the institution of the second, and so on for all subsequent contraventions committed in the interval between one prosecution and the other. 41 V., c. 3, s. 79. 907. No person carrying on any business whatsoever, and certain tra- not licensed for the sale of intoxicating liquors, shall keep, in ders keeping liquor in their his place of business or in the dependencies thereof, any quanplace of busi- tity whatsoever of intoxicating liquors, under a ness. Presumption in such case. Confiscation penalty of the confiscation of such liquors and a fine of thirty dollars for each offence. 2. The finding of such liquors upon such premises shall be a presumption that such liquors are there kept for the purpose of sale, and proof of anterior facts may be adduced at the trial in support of such presumption. 50 V., c. 3. s. 9. 908. The judgment inflicting such fine shall order the con of liquors and fiscation of the said liquors and vessels. vessels. revenue. The collector of provincial revenue shall have the liquors Sale thereof and vessels, so confiscated, sold by private sale or by auction, by collector of provincial according to the instructions which are given him by the Provincial Treasurer, and the collector of provincial revenue shall retain one-third of the price realized, and remit the remaining two-thirds to the Provincial Treasurer. 43-44 V., c. 11, s. 26; 46 V., c. 6, s. 1. be revoked. 909. The court, before which the complaint is heard, may License may upon satisfactory proof to that effect, revoke the license of a tavern-keeper who permits any one to become intoxicated in his tavern, or who allows any disorder whatsoever to occur therein, without prejudice to the other penalties imposed by law. 44-45 V., c. 4, s. 3. III. OBLIGATIONS IMPOSED UPON LICENSEES, AND PENALTIES FOR CONTRAVENTIONS. 910. Each inn and temperance hotel, situate in a village, or Bedrooms and in the country parts, shall, in addition to the lodging apart in country beds required ments of the family, contain at least three bedrooms, having parts. each a good bed, for the use of travellers. 41 V., c. 3, s. 81. 911. The master of such inn or temperance hotel shall Stable for keep in an out-house, adjacent to the main building, stalls for horses, &c. at least four horses, and shall always be provided with edibles and provisions for travellers, and hay and grain for their Provisions, horses. 41 V., c. 3, s. 82. &c. in city or 912. Every inn or temperance hotel, in a city or town, shall Kitchen and contain a kitchen of sufficient dimensions, all the utensils suitable table necessary to prepare meals for at least ten persons, a dining town. room with a suitable table whereon to lay the cloth, and at least two bedrooms. 41 V., c. 3, s. 83. 913. Every restaurant must be suitably furnished to pro- Restaurants vide meals for at least ten persons at a time. 51-52 V., c. 10, nished to pro 8. 11. to be fur vide meals. exhibited. 914. The master of every such inn, temperance hotel or License restaurant shall, at all times, on demand of the collector of exposed and provincial revenue or his deputy, exhibit his license, which he shall keep constantly exposed to the view of the public, in the bar of his establishment, or in some other place approved of by the collector of provincial revenue. 41 V., c. 3, s. 85; 46 V., c. 6, s. 1. door. 915. He shall cause to be printed in legible characters, at Inscription least three inches high and broad in proportion, immediately above the above the outside of the door of his house, his name in full, with the words, where it is an inn or restaurant, to retail spirituous liquors," or "Licensed to retail intoxicating 'Licensed " liquors," and, where it is a temperance hotel, "Licensed to keep a temperance hotel," under the penalties mentioned in article 926. 41 V., c. 3, s. 86. Signs in 916. If such establishment be situated in the country parts, country parts. the master thereof must moreover expose and keep exposed, during the whole period of his license, a similar inscription (or sign), composed of letters, not less than four inches high, and wide in proportion, on his house or on the top of a post, or several posts, of sufficient height close to his house, to indicate it to travellers, under the penalties mentioned in article 926. 41 V., c. 3, s. 87. Duties of bot tlers with re 917. Every bottler shall cause to be painted in legible letspect to their ters, of at least two inches in height and a proportionate width, on both sides of his vehicle, his name at full length, adding thereto the word "licensed," under a penalty of twenty dollars for each contravention. 43-44 V., c. 11, s. 28. vehicles. Good order required. Gambling prohibited. No more than 918. Every inn, temperance hotel, restaurant, tavern at the mines, steamboat bar and railway buffet, shall be kept peaceably, and order shall be maintained therein. 41 V., c. 3, s. 88. 919. No gambling is allowed therein, under the penalty mentioned in article 926 against the master of each such inn, temperance hotel, restaurant, tavern at the mines, steamboat bar and railway buffet, for each contravention. 41 V., c. 3, s. 89. 920. Not more than one drinking bar shall be kept thereone drinking in, under the penalty mentioned in article 926. 41 V., c. 3, s. bar. Drunken per 90. 921. Intoxicating liquors shall not be sold therein, at any sons, minors, time, to drunken persons, or to minors, or, after eight o'clock at night, to soldiers, sailors, apprentices or servants, known as such by the master of the house. 41 V., c. 3, s. 91; 51-52 V., c. 10, s. 12. soldiers, sailors, apprentices or servants. Sale of liquors certain days and during 922. Subject to the provisions of article 1111, intoxicating prohibited on liquors shall not be sold in any inn or restaurant at any place in the Province, or in any tavern at the mines, on any day of the week from midnight until five o'clock in the morning, or during the whole of any Sunday in the year, unless on a special demand for medicinal purposes, signed by a medical practitioner, or by a justice of the peace, and produced by the purchaser. The liquors, so sold on special demand, shall not be drunk on the premises. Liquors not to be drunk on the premises. Bars to be closed. During the times when the the bars shall be kept closed. sale of liquors is prohibited, all 45 V., c. 9. s. 2. be delivered 923. During the time when, under any law of this Pro- Intoxicating vince, the sale of intoxicating liquors is prohibited, no such liquors not to liquors can be delivered to any person even gratuitously in any during prohiplace of business or dependencies thereof of such licensed per- bited time. sons. 50 V., c. 3, s. 10. for one 924. No offender against the provisions of the two preced- One condeming articles, or against those of section fourteen of this chapter, nation only respecting the closing of taverns, shall be liable to more than offence. one condemnation for one and the same offence. 45 V., c. 9, s. 4. 925. Whilst the license is in force, with the exception of Where no licenses for liquor shops, no trade in groceries, provisions, trade in groceries, &c., sweetmeats or fruits, can, within the limits of a city, be carried can be carried on in the licensed premises, either directly or indirectly, for the on. benefit of the licensee. No licensee for an inn or temperance hotel can refuse to re- Inns, &c., not ceive and harbor travellers without just cause. No licensee for keeping a restaurant can receive or harbor travellers. 41 V., c. 3, s. 93. to refuse travellers. Restaurant not to receive them. 926. Every infraction of this section by any person holding Penalties a license thereunder for the sale of intoxicating liquors shall be against perpunishable, for a first offence by a fine of not less than thirty sons licensed or more than seventy-five dollars, for the second offence by a intoxicating fine of seventy-five dollars, and for the third and every sub- liquors for insequent offence by a fine of two hundred dollars, and, in default of payment, by the loss of the license, in accordance with articles 936, 937 and 938, and during the year no similar license shall be granted to him. fringements. 2. If, on a prosecution for a second offence, the first convic- On prosecution is not proved, the court may nevertheless condemn the tion for secdefendant if the proof is sufficient, and impose the penalty first not prov fixed for a first offence. ond offence if ed, conviction for a first In like manner, on a prosecution for a third offence or any may be had as other subsequent offence, the court may impose the penalty offence. fixed by law for a second or first offence, as the case may be, Similiter instead of annulling the license if the prosecution does not for third and prove the first, or the second or the two preceding convictions, offences. although not prayed for. 50 V., c. 3, s. 11; 51-52 V., c. 10, s. 13. subsequent if convicted 927. Every person holding a license for the sale of intoxi- Penalty cating liquors who is convicted of keeping a disorderly house, against peror who is sentenced to imprisonment in the common gaol with sons licensed. hard labor or in the penitentiary, shall incur the loss of his of keeping license in accordance with articles 936, 937 and 938, and no disorderly similar license shall be again granted to him during the five years next after the judgment of the court. 50 V., c. 3, s. 12. IV. OTHER PENAL PROVISIONS. house, &c. 928. The husband, wife, father, mother, brother, sister, Notice not to curator, tutor, or employer of any person who has the habit of deliver any drinking intoxicating liquor to excess, liquor to a |