pursuance of this section by such licensee or his agent or servant "(2.) No person purchasing liquor from any licensee holding a brewer's, distiller's, or a wholesale licence for the sale of liquor shall consume, or allow to be consumed, any liquor purchased by him from such licensee within the brewery, distillery, or warehouse where such liquor is purchased, or within any building of which such brewery, distillery, or warehouse forms part, or which connects therewith by any entrance. R.S. 1911, c. 142, s. 59 (redrawn). Liquor not to be consumed on whole sale licensed premises. "(3.) No licensee having a brewer's or a wholesale licence for the sale of liquor from the licensing authority of any municipality shall, either himself or by an agent, sell liquor, or allow liquor in his possession or under his control to be sold, or solicit for orders for liquor, outside the municipality in which he is so licensed, without having had first granted to him a wholesale licence under the provisions of Part I. of this Act. 1912, c. 20, s. 4 (altered). "89. The competent licensing authority shall have power to, and Cancellation or may, in the event of a contravention by any licensee of any of the provisions of the next preceding section, or of the terms of his licence, or for other good cause, either cancel such licence absolutely, or suspend such licence and all rights of the licensee thereunder for a period of three calendar months from the first day of the month next following the ascertainment by the licensing authority of the fact of such contravention having occurred: "(a.) Any licensee vending any liquor during the currency of any period of suspension shall thereby contravene and suspension. hibited hours. "90. Any person who purchases liquor from any licensee at any Sale during protime during which the sale of liquor is prohibited by this Act shall, on summary conviction thereof, be liable to a penalty of ten dollars, and, in default of payment forthwith after conviction, to ten days' imprisonment. Interdict not allowed in bar. Interdicts. Interdicts. Right of entry on licensed premises to take samples. Prohibition of unlicensed sales. "Interdicts. "91. The holder of a licence, whether granted under the provi sions of this Act or by any licensing authority, shall not suffer or permit any interdicted person to frequent or loiter in any room or place in his licensed premises in which there is a bar or in which liquor is kept for sale; and any licensee who contravenes this provision shall be liable, on summary conviction, to a penalty of twenty dollars, and, in default of payment, to imprisonment, with or without hard labour, for thirty days. 1912, c. 20, s. 9. "92. Any constable or peace officer may arrest, without information or warrant, any interdicted person whom he finds in a state of intoxication or under the influence of liquor or with liquor in his possession, and may detain him until he can be brought before the nearest Police or Stipendiary Magistrate or Justice of the Peace having jurisdiction in the locality in which the arrest is made, who is hereby authorized and required to proceed summarily and examine, without any unnecessary delay, such interdicted person on oath as to the person from whom, where, and when such liquor was procured; and if such interdicted person refuse to disclose from whom, where, and when he procured such liquor, he shall be liable, upon summary conviction, to a penalty of twenty dollars, and, in default of payment, to imprisonment, with or without hard labour, for a term of thirty days, or he shall be liable to imprisonment, with or without hard labour, without the option of a fine. 1912, c. 20, s. 8. "93. Upon any prosecution for a contravention of any of the provisions of Part V. of this Act, relating to the sale or gift of liquor to an interdicted person, such interdicted person shall be a compellable witness; and if he refuse, upon examination, to state or give information of the person from whom, the place where, and the time when he procured the liquor, he shall be liable, upon summary conviction, to a penalty of twenty dollars, and, in default of payment, to imprisonment, with or without hard labour, for a term of thirty days, or to imprisonment, with or without hard labour, without the option of a fine. 1912, c. 20, s. 7. "94. The Inspector of Licensed Premises may, and any police officer or constable may, at any time enter into and upon any premises upon which the sale of liquor is carried on under any licence at any time in the exercise of his duty, and may take from the liquors there found sufficient quantities and samples for the purpose of analysis. R.S. 1911, c. 142, s. 94. "(b.) Licensees' Protection Clauses. "95. (1.) Save as in this Act otherwise provided,- manner whatsoever any liquor without having first duly obtained a licence authorizing him so to do; and "(b.) No person shall keep or have any liquor for the purpose Unlawful to stock liquor without of selling, trafficking, or trading therein, or bartering licence. therewith, unless duly licensed to sell liquor. R.S. 1911, c. 142, ss. 66, 67. "(2.) Any person contravening or committing any breach of any Penalty. of the provisions of this section shall, upon summary conviction thereof, be liable to imprisonment, with hard labour, for a term of not less than six months and not more than twelve months for a first offence; and for a second or any subsequent offence, to imprisonment, with hard labour, for not less than twelve and not more than twenty-one months. licensed person. "96. Any person who purchases liquor from any person within Purchase from unthe Province (other than a chemist or druggist) not licensed to sell liquor, or who purchases liquor stored on unlicensed premises, shall, on summary conviction thereof, be liable to a penalty of not less than twenty and not more than fifty dollars, and, in default of immediate payment, to imprisonment, with or without hard labour, for a term not exceeding three months. "97. (1.) Any Inspector of Licensed Premises, police officer, Right to search. policeman, constable, or inspector shall, for the purpose of preventing or detecting the violation of any of the provisions of this Act, at any time have the right to enter into any and every part of any building or place wherein refreshments or liquors are sold or reputed to be sold, whether under licence or not, or where he believes liquors are kept for sale contrary to law, and to make searches in every part thereof and of the premises connected therewith, as he may think necessary for the purpose aforesaid; and for such purpose may, with such assistance as he deems expedient, break open any door, lock, or fastening of such premises or any part thereof, or of any closet, cupboard, box, or other receptacle which might contain liquor. admittance to "(2.) Every person being therein or having charge thereof who Penalty for refusing refuses or fails to admit any such Inspector of Licensed Premises, officers. police officer, policeman, constable, or inspector demanding to enter, in pursuance of this section, in the execution of his duty, or who obstructs or attempts to obstruct the entry of such Inspector of Licensed Premises, police officer, policeman, constable, or inspector, or any such searches as aforesaid, shall be guilty of an offence against the provisions of this Act, and be liable to a penalty not exceeding one hundred dollars, and, in default of immediate payment, to imprisonment, with or without hard labour, for a period not exceeding six months. R.S. 1911, c. 142, s. 99. "98. Any inspector, policeman, constable, or officer, if he believes Power of search. that liquor intended for sale or to be kept for sale in violation of this Act is contained in any vehicle on a public highway or elsewhere or is concealed upon the lands of any person, shall have power without warrant to search for such liquor wherever he may Seizure and forfeiture of liquor and vessels. Powers of inspectors, etc., regarding liquors in transit. Disposition of liquor. Vessels carrying liquor for illegal sale to be forfeited. suspect it to be, and if need be by force, and may search the person himself, and may seize and remove any liquor found and the vessels in which the same is kept. 66 99. When any inspector, policeman, constable, or officer, in making or attempting to make any search under or in pursuance of the authority conferred by sections 97 and 98 of this Act, finds in an unlicensed house or place any liquor which in his opinion is unlawfully kept for sale or disposal contrary to this Act, he may forthwith seize and remove the same and the vessels in which the same is kept; and upon the conviction of the occupant of such house or place or any other person for keeping liquor for sale in such house. or place without licence, the Magistrate making such conviction may in and by the said conviction declare the said liquor and vessels or any part thereof to be forfeited to his Majesty, and order the same to be forthwith destroyed. "100. (1.) Where an inspector, policeman, constable, or officer finds liquor in transit or in course of delivery upon the premises of any railway company or at any wharf, railway-station, express office, warehouse, or other place, and believes that such liquor is to be sold or kept for sale in contravention of this Act, he may forthwith seize and remove the same and the vessels in which the liquor is kept. "(2.) When liquor is found on unlicensed premises or in any place in such quantities as to satisfy any chief constable, chief of police, constable, policeman, or inspector, after careful inquiry, that such liquor is being kept for the purpose of unlawfully selling or disposing of the same, it shall be lawful for such chief constable, chief of police, constable, policeman, or inspector to seize and remove, by force if necessary, any liquor so found and the vessels in which the liquor is kept. 66 101. (1.) If within thirty days from the date of seizure no person claims to be the owner of such liquor, such liquor and any vessels containing the same shall be forfeited to His Majesty and shall be destroyed. "(2.) If within the said time any claimant appears, it shall be incumbent on him to prove his claim and his right (as licensee or as agent of a licensee, but not otherwise) to the possession of such liquor and vessels to the satisfaction of any Police or Stipendiary Magistrate or any Justice of the Peace, and on failure to prove and establish his claim the liquor and vessels shall be forfeited to His Majesty and shall be destroyed. "102. If it is proved before any Police or Stipendiary Magistrate or two Justices of the Peace that any vessel, boat, canoe, or conveyance of any description, upon the sea-coast, or upon any river, lake, or stream, is employed in carrying any liquor for the purpose of selling or disposing of the same illegally, such vessel, boat, canoe, or conveyance so employed may be seized and declared forfeited and sold, and the proceeds thereof paid into the Consolidated "(c.) Penalties not elsewhere provided. "104. Every person who shall violate any of the provisions of Penalty for offences not specially prothis Act for which violation no penalty is herein specially provided vided for. shall be guilty of an offence, and on summary conviction thereof be liable to a penalty of not more than one hundred dollars, and, in default of payment forthwith after conviction, to imprisonment for not more than six months, with or without hard labour. "APPEALS. on certiorari. "105. No writ of certiorari shall issue for the purpose of quashing Affidavit of merits any conviction for any violation or contravention of any of the provisions of this Act unless the party applying therefor shall produce to the Judge to whom the application is made an affidavit that he did not by himself or by his agent, servant, or employee, or by any other person, with his knowledge or consent, commit the offence for which he has been convicted; and such affidavit shall negative the charge in the terms used in the conviction, and shall further negative the commission of the offence by the agent, servant, or employee of the accused, or by any other person, with his knowledge or consent. on appeal. “106. No appeal shall lie from a conviction for any violation Affidavit of merits or contravention of any of the provisions of this Act unless the party appealing shall within the time limited for giving notice of such appeal make an affidavit before the Justice or one of the Justices or the Police or Stipendiary Magistrate who tried the cause that he did not by himself or by his agent, servant, or employee, or any other person, with his knowledge or consent, commit the offence charged in the information; and such affidavit shall negative the charge in the terms used in the conviction, and shall further negative the commission of the offence by the agent, servant, or |