Additional

hotel licenses in summer resorts.

No restaurant licenses in towns, etc.

Shop licenses expire 1st June 1887.

Local option by-laws.

Licenses shall

vidual only.

(3.) The commissioner may authorize the granting of not more than two additional hotel licenses beyond the number limited by this Act in a locality largely resorted to in summer by visitors, but such licenses shall only be for a period of six months, commencing on the first day of June in each year;

(4.) In towns and rural municipalities no restaurant licenses shall be granted.

38. No more shop licenses shall be granted. All shop licenses now in force may be renewed to the same persons without right to transfer, and only continuing to carry on business in the same premises up to the first of June, 1887 when all shop licenses shall cease and determine.

39. No license shall be granted by the commissioner for the sale of liquors within the limits of a city, town or other municipality, when it shall have been made to appear to the commissioner, that a by-law has been passed by said city, town or municipality forbidding the receiving by said city, town or municipality of any money for a license; said by-law shall be voted on by the people as provided for in the Municipal Act, for voting on municipal by-laws, and shall be only submitted, on the council receiving a petition from twenty-five per cent. of the householders of said city, town or municipality asking them to do so.

40. Subject to the provisions of this Act as to removals and be to the indi- the transfer of licenses, every license for the sale of liquor shall be held to be a license only to the person therein named, and for the premises therein mentioned, and shall remain valid only as long as such person continues to be the occupant of the said premises, and the true owner of the business there carried on.

Assignments

provided for.

TRANSFER OF LICENSES.

41. In case any person having lawfully obtained a license and removals under this Act dies before the expiration of his license, or sells, or by operation of law or otherwise assigns his business, or removes from the house or place in respect of which the said license applies, his said license shall, ipso facto, become forfeited, and be absolutely null and void to all intents and purposes whatsoever. unless such person, his assigns or legal representatives, within one month after the death, assignnent or removal of, or sale by the original holder of such license, or some other period in the discretion of the commissioner, obtain his written consent, countersigned by the chief inspector, either for the continuance of the said business, or the transfer of such license to some other person, and thereupon forthwith transfer the same to such other person, who, under such trans

fer may exercise the rights granted by such license, subject to all the duties and obligations of the original holder thereof, in the house or place for which such license was issued. and to which it applies, but in no other house or place.

(1.) In every other such case of transfer of an hotel license, Report of the person in whose favor any such transfer is to be made shall inspector. first producé to the commissioner a report of the inspector similar to that mentioned in section 20 of this Act.

after evictions.

42. Where a licensee has been legally ejected from any New tenants licensed premises, the commissioner, notwithstanding the nonproduction of the license, on the application in writing of the owner of the premises and the proposed new tenant, grant a special license to such new tenant in such form as he shall think applicable, such certificate to be signed by the chief inspector; provided always that the commissioner shall be satisfied that actual value has been received from said owner by said licensee.

he

commissioner

43. The commissioner may, by order, authorize any person Authority of may think entitled to the benefit of any license to carry on in certain cases the business in the licensed premises for the remainder of the term for which the license was granted, in the same manner as if such license had been formally transferred to such person, in any of the following cases, that is to say: Provided proof of value received be given as in the next preceding sections; and that

(1.) Whenever any person to whom a license has been granted deserts the licensed premises, or refuses or neglects to transfer the license when justly required so to do; or

(2.) If, during the currency of any such license. the holder thereof ceases to occupy the premises in respect whereof the license is held, or his tenancy of such premises is determined by effluxion of time, or by notice to quit, or by any other process whatsoever.

fication

may be grant

fer had been

44 Where any licensed person is convicted of any offence After disquali. and in consequence either becomes personally disqualified or of a licensee has his license forfeited, the commissioner upon the application permission by, or on behalf of the owner of the premises in respect of ed as if a transwhich the license was granted (where the owner is not the made. occupier,) and upon being satisfied that such owner was not privy, nor a consenting party to the act of his tenant, and that he has legal power to eject the tenant of such premises, may by order authorize an agent to carry on the business specified in the license relating to such premises until the end of the period for which such license was granted, in the same manner as if such license had been formally transferred to such agent:

Marriage of female licensees.

Proviso.

Provided always such owner shall again pay the fees for the balance of the term of the license unexpired.

45. In case of the marriage of any female being a licensee, the license held by her shall confer on her husband the same privileges, and shall again impose on him the same duties, obligations and liabilities, as if such license had been granted to him originally: Provided that the commissioner, on application of the husband of any such female licensee, has confirmed to him his wife's license for the remainder of the term of the duration thereof, and granted him a certificate to that effect, which must be countersigned by the chief inspector such confirmation shall be granted if the commissioner is satisfied that no objection can be made to the character of the husband, and that he has not forfeited a license within the next preceding three years.

Removals to other premises

Report of inspector.

Fee on transfers, etc.

REMOVAL OF LICENSES.

46. The chief inspector may, after regulation allowing the same by the commissioner, endorse on any hotel or restaurant license permission to the holder thereof to remove from the house to which his said license applies to another house to be described in the endorsement to be made by the said inspector on the said license; provided always that the house to which the licensee proposes to remove has all the accommodation required by law, and subject to the requirements of clause 15 of this Act.

(1.) Such permission, when the approval of the said inspector is endorsed on said license, shall authorize the holder of the said license to sell liquors in the house mentioned in the endorsement during the unexpired portion of the term for which the said license was granted, in the same manner and upon the same terms and conditions as he might do in the premises to which the license originally applied; but no such permission shall be granted unless and until the person applying therefor has filed in the office of the chief inspector a report of the inspector containing the information required by law in case of application for a license; and any bond or security which such holder of a license may have given for any purpose in relation to such license shall apply to the house or place to which such removal is authorized; but such permission shall not entitle him to sell at any other than such one place.

47. For each transfer of a license, for each certificate permitting the continuance of the business, for each certificate of confirmation of a license to the husband of a female licensee, and for each endorsement of permission to remove to other premises there shall be paid a fee of ten dollars ($10.00).

LICENSE FUND.

48. All fees payable under this Act, all sums received on Fees go to C.R. applications for and on the issue of licenses, or fines and penal-fund. ties, shall be deposited as hereinbefore provided, and form part of the consolidated revenue fund of this Province.

posits.

(1.) Two months after the expiration of any wholesale Return of delicense, the deposit hereinbefore provided for shall upon application be returned to the party having deposited the same, provided the said deposit shall not have been forfeited under the provisions of this Act.

commissioner

and expenses.

(2.) The Lieutenant-Governor-in-Council shall make provi- Payment of sion for the payment of the salary and expenses of the com- and inspectors, missioner and inspectors, and for the expenses in connection with this Act, or otherwise incurred in carrying the provisions of the law into effect.

49. Every penalty in money recovered under this Act shall Deposit of fines be paid by the convicting magistrate to the credit of the provincial treasurer, in a chartered bank, to be designated by

the Lieutenant-Governor-in-Council.

licenses.

50. Any county court judge, in his district, shall, upon the Cancellation of complaint of any person that a license has been improperly obtained, have power to direct the commissioner to cancel the same, should it appear to the said county court judge that the same has been obtained by fraud or in an improper

manner.

REGISTER OF LICENSES.

51. The Chief Inspector shall keep in such form as may be Register kept prescribed by the Commissioner.

(1.) A register to be called "The Register of Licenses," containing the particulars of all licenses granted, in the district, the premises in respect of which they are granted, the name of the licensees, and the names of the sureties to any bond given by such licensee in pursuance of the provisions of this Act; there shall also be entered on the register all forfeitures of licenses, disqualifications of licensees, records of convictions and other matters relating to the licenses then on the register;

by chief

inspector.

(2.) A record of all applications made to the Commissioner Record of apshowing the names of the applicants, the nature of the appli- plications. cations, the premises in respect of which the applications are made, the date on which the applications were heard, and the manner in which the same were disposed of, including, in cases of refusal, the cause or causes thereof;

Extracts.

Contents of commissioners

(3.) The Chief Inspector shall, on request, forth with transmit extracts from any such register of licenses or record of applications, to any other inspector or to the clerk of any court within this Province.

52. The Commissioner shall report annually to the Attorney-` annual report. General and his report shall contain :—

Receipts and expenses.

Report due in
June.

exposed.

(a.) A statement of the number and description of licenses and of the names of applicants to whom licenses were granted during the year;

(b.) The names of applicants to whom licenses were not granted;

(c.) Any other statement required to be entered in the Register of Licenses;

(d.) The prosecutions for infractions of this Act, and the result of the same;

(e.) General remarks as to the working of the law within the district;

(f) And also any other remarks asked for by the AttorneyGeneral;

(1.) He shall also report as to the moneys received and expended during the year.

(2.) The said report shall be made in the month of June each year.

REGULATIONS AND PROHIBITIONS.

Licenses to be 53. All licenses shall be constantly and conspicuously exposed in the warehouses and shops, in the bar-rooms of hotels, restaurants, or other places of public entertainment to which the licenses respectively relate, under a penalty of five dollars for every day's wilful or negligent omission so to expose them, to be recovered with costs from the licensee so making the default.

Placard over doors.

54. Every person who keeps an hotel or restaurant or any other licensed place in respect of which an hotel or restaurant license has duly issued and is in force, shall exhibit over the door of such hotel, restaurant or other licensed place in large letters, the words: "Licensed to sell spirituous or fermented liquors."