shall furnish the collector of provincial revenue with a certificate, according to form A, annexed to this section, signed by one-fourth of the resident municipal electors, or a majority of the resident municipal electors, if they number less than fifty, of the parish, township, village, town or ward of the city, within the limits of which is situated the house for which such license is applied for, to the effect that the applicant is personally known by the signers, that he is honest, sober, and of good reputation, and that he is qualified to keep a house of public entertainment, and that the house referred to contains the lodging room required by law, and that a house of public entertainment is needed there. 41 V., c. 3, s. 7; 43-44 V., c. 11, s. 4; 46 V., c. 6, s. 1; 51-52 V., c. 10, s. 3.

836. This certificate shall be accompanied by an affidavit Affidavit. of the applicant, made in accordance with form B, annexed to this section, and sworn to before a justice of the peace of the district, or in the cities of Quebec and Montreal before the judge of the sessions, the police magistrate or the recorder.

In the cities of Quebec and Montreal, no certificate for a Conditions as license shall be granted, if an absolute majority of the muni- to certificates in Quebec cipal voters, residing within the municipal polling district of and Montreal. the ward, shall signify their opposition in writing to the granting of such license. 43-44 V., c. 11, s. 5; 44-45 V., c. 4, s. 5.

837. If the certificate refer to a house situate within the If in a city, limits of the city, it, as well as the license, shall contain the designation of designation of the ward and street where it is situated.

the ward and street.

The license is of no effect outside the limits of such ward Effect of such and street. 41 V., c. 3, s. 9.

license.

838. In all cities and incorporated towns, the signers of the Who may sign certificate must be municipal electors residing or having their certificates in place of business in the polling subdivision in which is situated the house for which the license is applied for.

cities and towns.

firmed if ma

electors ob

The authorities charged with confirming the certificates shall Certificate not confirm the certificate of any applicant, if the majority of not to be conthe municipal electors, residing or having their places of busi- jority of ness in the polling subdivision, in which is situated the house municipal to which the license is to apply, object thereto, by petition, ject. signed by them and produced before the clerk before the day Delay for fylfixed for the taking into consideration of the said certificate. ing objection. In case any applicant for the confirmation of a license cer- If applicant tificate should, for any informality or other reason whatsoever, withdraw, withdraw his petition after an opposition has been produced previously thereto, the same opposition may serve against any new fyled to serve demand made, in the same year, for the same establishment, subsequent by the same person or by any other person in his interest. 51- application. 52 V., s. 10, s. 4.

opposition

against any

Certificate

the council.

839. Such certificates (except those connected with appliconfirmed by cations for licenses in the city of Quebec, and in the city of Montreal,) shall also be confirmed by a decision of the council of the municipality within the limits of which the house is situated, drawn in accordance with form C, annexed to this section, and such confirmation is certified under the signature of the mayor and city clerk, or secretary-treasurer of the council. 41 V., c. 3, s. 11; 43-44 V., c. 11, s. 6; 44-45 V., c. 4, s. 2.

Signature thereto.

Want of quorum.

Duties of the council before

840. If, on the day fixed for the meeting of the council, at which the confirmation of the certificate is to be taken into consideration, there be no quorum, the meeting is postponed, from day to day, until there is a quorum and until the question is decided. 44-45 V., c. 4, s. 2.

841. The council, to which this certificate is presented, shall confirming it. ascertain, by procuring such information as it may deem fit and proper, if the requisite number of duly qualified electors have signed the same The council shall also cause the authenticity of the signatures attached thereto to be established under oath before one of its members, and, if the result of such double inquiry be, in whole or in part, unfavorable to the applicant, the confirmation applied for shall be refused. 41 V., c. 3, s. 13.

Refusal of certificate in certain cases.

Confirmation

at Quebec and Montreal.

842. Such certificate shall be refused, if it be proved to the satisfaction of the council:

1. That the petitioner is a person of bad character, having already allowed or permitted drunkenness or disorder in his tavern, or

2. That he has already been twice condemned to a fine for having sold liquor without a license, or

3. That his demand for a license is opposed in writing by the absolute majority of the electors, resident in the locality in which he intends to open a tavern. 44-45 V., c. 4, s. 1.

843. The confirmation of the certificate is granted at the of certificates Police Court, in Quebec, for the city of Quebec, by the judge of the sessions of the peace or the recorder; and at the police court in Montreal for the city of Montreal, by the two judges of the sessions of the peace and by the recorder or any two of them. 50 V., c. 3, s. 2.

Duties of the clerk of the peace.

Application for confirmation.

2. The clerk of the peace, in both cities, shall for that purpose, act as clerk to the aforesaid officers. 43-44 V., c. 11, S. 8 §

b.

3. Any person, who intends to apply for the confirmation of a certificate, must apply verbally or in writing to the clerk of the peace, and shall pay to him the sum of fifty cents for the entry of the same and all proceedings connected therewith. 43-44 V., c. 11, s. 8 § c.

by clerks of

4. The clerk of the peace shall prepare a list and post it up Lists prepared in a conspicuous place in his office, open to the public; and the peace. such list shall give the date of the inscription of each application, the name, occupation and residence of the applicant, the situation of the house to which the license applies, and the day on which it will be taken into consideration. 43-44 V., c. 11, s. 8 § d.

5. No application can be taken into consideration by the Application competent authorities unless it has been inscribed on the said to be entered list for at least fifteen days. 50 V., c. 3, s. 3.

on list.

6. Any person may oppose the application, and, if notice of May be the opposition have been given to the clerk of the peace, the opposed. latter shall, three days before the taking into consideration of such application, give notice thereof to the applicant and to the opposant, if there be one. 43-44 V., c. 11, s. 8 §f.

7. Any person, producing before the competent authorities, Hearing. when the application is being taken into consideration, or who has previously produced, before the clerk of the peace, verbally or in writing, the objections by him made to the granting of the confirmation of the certificate, has the right to be heard on the grounds and reasons of such objections or such other objections as may then be raised. 43-44 V., c. 11, s. 8 §g.

8. The said competent authorities may hear him as well as Day when the applicant, forthwith, or may fix a future day for such heard. hearing. 43-44 V., c. 11, s. 8 § h.

9. Upon such hearing, as well as on every application which Duties of the is not objected to, it is the duty of the said authorities, collec- authorities. tively or separately, whenever they may judge it useful or necessary, to make all the inquiries they deem proper to satisfy themselves of the qualifications of the applicant and of the truth of the facts put in issue. 43-44 V., c. 11, s. 8 § h.

10. The said authorities may, to that end, take into considera- Powers of tion all documents, hear, or cause to be heard by some fit authorities, person, all persons whom, from the personal knowledge of such authorities, or, on the indication of the objecting parties, or of others, they believe to be able to give information, and generally to resort to any other source of information. 43-44 V., e. 11, s. 8 § i.

11. When the said authorities wish to obtain information Information from police from officers or members of the Quebec or Montreal police force force. respectively, they may, through the chief of police, order those functionaries to come before them and to make all such inquiries as may be deemed necessary. 43-44 V., c. 11, s. 8 §j.

12. When opposition is made to any application for the con- How confir firmation of a certificate, such confirmation can only be made, mation may be in Quebec by the judge of the sessions and the recorder, and made, if opin Montreal by both the police magistrate and recorder. 43-44 thereto. V., c. 11, 8 § k.

position

Granting or refusal, discretionary.

13. The granting of the confirmation of the certificate or the refusal thereof, for any cause whatever, is discretionary with the said authorities, except in the case provided for in article 836, and their decision is final. 43-44 V., c. 11, s. 8 § l. Certificate of 14. No license shall be granted by the collector of provincial authorities revenue, unless there be deposited in his hands a certificate, before grant- signed by the said authorities, who shall deliver to the appliing licenses. cant such certificate attesting the granting of such confirmation. 43-44 V., c. 11, s. 8 § m.

necessary

List of certifi

cates to be prepared by clerk of the peace.

License certi

ficates to be granted by three commissioners.

Deposit of certificate.

When certifi

taken into

15. The clerk of the peace shall, from time to time, prepare a list of the certificates, which the said authorities have confirmed and which are then in force, and keep it posted in the police court or in his office. 43-44 V., c. 11, s. 8 § n.

§ 5.-Special provisions respecting the cities of Hull and Three-Rivers.

844. In the cities of Hull and Three Rivers, every license certificate shall be granted or refused by three commissioners, who shall be the registrar of the county, the recorder of the city and the clerk of the Circuit Court or the district magistrate.

Such certificate shall be deposited with the secretary of the corporation of the city on or before the first day of April.

The said commissioners, or the majority of them, shall take cates are to be the said certificates into consideration on the fifteenth day of the said month of April, and may adjourn from day to day or to a subsequent day to deliberate.

considera

tion.

List of certi

ficates to be

posted in

The secretary shall prepare a list containing the dates of all certificates, the names, occupation and residence of the applace open to plicants and post them up in a conspicuous place in his office, public. which shall be open to the public. 51-52 V., c. 10, s. 14.

Sums payable to corporations.

Rights under

charters preserved.

Applicant to furnish two sureties.

To be judicial sureties.

§ 6. Other Provisions applicable to all Inn Licenses.

845. On each confirmation of a certificate, for the purpose of obtaining a license for the cities of Quebec and Montreal, the sum of eight dollars is paid to the corporation of each of such cities; and a sum not exceeding twenty dollars may be demanded and received by other corporations for the same object, within the limits of their jurisdiction. 41 V., c. 3, s. 36. 2. The preceding provision does not deprive incorporated cities and towns of the rights which they may have by their charters or by-laws. 41 V., c. 3, s. 37.

846. Before obtaining his license, the applicant shall furnish two sureties, who justify their solvency on oath, up to the amount of two hundred dollars each, and who oblige themselves to pay to the Provincial Treasurer all fines and penalties to which the applicant may be condemned for any contravention of this section while his license is in force.

Such sureties shall be considered as judicial sureties.

No retailer or dealer in liquors can be accepted as surety for Dealer in lithe puposes of this section.

No person can become security for more than one licensee. 51-52, c. 10, s. 5.

quor not to be surety; no person to be snrety for more than one licensee.

847. The bond is drawn according to the form indicated in Bond: schedule G, annexed to this section.

executed.

It must be executed in the presence of the collector of pro- How to be vincial revenue for the district in which the license was applied for, or in the presence of one or more of the members of the municipal council who confirmed the certificate, and the sureties must be approved by them.

certificates.

The securities and certificates, required by this section, are Deposit of deposited in the office of the proper collector of provincial securities and revenue, who shall not issue the license, until it be established to his satisfaction that the sums mentioned in article 878 have been paid. 41 V., c. 3, s. 39; 43-44 V., c. 11, s. 9; 44-45 V., c. 4, s. 2.

Quebec, and
Montreal.

848. In the cities of Quebec and Montreal, no license is Transfer of transferable, except to the heirs of the licensee, if he die be- licenses in fore the license expires; Nevertheless, in exceptional cases, the transfer may be made Transfer in upon the special authorization of the Provincial Treasurer.

exceptional

cases.

To obtain the authorization, a notice to that effect of fifteen Notice for days must be given by the interested party in two newspapers authorizain either city, as the case may be, one in the French language and the other in the English language.

tion for that purpose.

The notice must mention the name and surnames of the Contents of party intending to make the transfer, and also of the person, notice. to whom the transfer is to be made, and the date of presenting the petition to the Treasurer for the purpose.

No transfer to

Save in the case of the death of a licensee, no transfer of the be made until license shall be made, and no demand for an authorization to three months make such transfer shall be received, until after the expiration of license, after delivery of three months from the date upon which the license was save in case delivered by the collector of provincial revenue. In all other parts of the Province, except those above men- Transfer of tioned, if the licensee leave his house or die before the license licenses in expires, he or his representatives, as the case may be, may province. other parts of

transfer such license to another.

of death of licensee.

transferee.

The transferee thereof, in all cases, may exercise all the Rights of rights which accrued thereunder to the original licensee in the house therein described, or, if such house be situated within an organized territory of the Province, in any other building, situated within the limits of the municipality, which the judge of the sessions or recorder at Quebec or the two judges of the sessions of the peace and the recorder at Montreal or the majority of them, or, in any other municipality, the municipal council, as the case may be, approve of, and which is set forth in the certificate referred to in the following article. 50 V., c. 3, s. 4; 51-52, c. 10, s. 6.