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certain cases

keeper any loss of or injury to goods or property brought to hotelkeeper in his hotel (not being a horse or other live animal or any gear appertaining thereto or any carriage), to a greater amount than $200, except in the following cases, that is to say:

1. When such goods or property shall have been stolen, lost or injured through the default or neglect of such hotel keeper or any servant in his employ;

2. When such goods or property shall have been deposited expressly for safe custody with such hotel keeper:

Provided always that, in case of such deposit it shall be lawful for such hotel keeper if he thinks fit, to require as a condition to his liability that such goods or property shall be deposited in a box or other receptacle fastened and sealed by the person depositing the same. R.O. c. 31, s. 4.

to receive

safe custody

5. If any hotel keeper shall refuse to receive for safe custody Refusal of as before mentioned any goods or property of his guest, or if hotelkeeper any such guest shall through any default of the hotel keeper goods into be unable to deposit such goods or property as aforesaid, the hotel keeper shall not be entitled to the benefit of this Ordinance in respect of such goods or property. R.O. c. 31, s. 5.

ORDINANCE TO BE POSTED.

Ordinance to

6. Every hotel keeper shall cause to be kept conspicuously This posted in the office and public rooms in his hotel a copy of this be posted Ordinance printed or plainly written, and he shall be entitled in hotels to the benefits of this Ordinance in respect of such goods or property only as shall be brought to his hotel while such copy shall be so posted as aforesaid. R.O. c. 31, s. 6.

Short title

Interpretation

"Livery

stable keeper"

"Boarding

CHAPTER 57.

An Ordinance respecting Keepers of Livery, Boarding and Sale Stables.

THE C

HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows:

SHORT TITLE.

1. This Ordinance may be cited as "The Livery Stable Keepers' Ordinance." No. 40 of 1897, s. 1.

INTERPRETATION.

2. In this Ordinance unless the context otherwise requires : 1. The expression "livery stable keeper" means and includes any person who for a money consideration or the equivalent thereof carries on the business of letting or hiring out carriages, sleighs or other vehicles, or horses or other animals, whether with or without a carriage, sleigh or other vehicle, and whether accompanied by an employee of the livery stable keeper or not;

2. The expression "boarding stable keeper" means and instable keeper" cludes any person who, for a money consideration or its equivalent, stables, boards or cares for any animal;

"Sales

stable keeper"

Lien on animals and effects

3. The expression "sales stable keeper" means and includes any person who stables, boards or cares for any animal other than his own, with the intention of selling or disposing of the same, and who receives or is to receive payment for such services whether in the nature of a commission or otherwise. 40 of 1897, s. 2.

LIEN OF STABLE KEEPER. ENFORCEMENT.

No.

3. Every livery stable, boarding stable or sales stable keeper shall have a lien on the animals and effects hereinafter mentioned for the value or price of any food, care, attendance or accommodation furnished for any such animal or effects and in Detention for addition to all other remedies provided by law may detain in indebtedness his custody and possession any animal, vehicle, harness, furnishings or other gear appertaining thereto and the personal effects of any person who is indebted to him for stabling, boarding or caring for such animal. No. 40 of 1897, s. 3.

Care of animals and effects detained

Sale by
public auction

4. Every livery stable, boarding stable or sales stable keeper, who has exercised the right of detention by this Ordinance provided shall be obliged to keep in his possession and be responsible for the proper care of any animal or effects detained by him for the full period of such detention unless they shall sooner be released; and if the owner does not reclaim the animals and effects so detained by paying the indebtedness in

respect of the same within one month from the commencement
of such detention, the keeper detaining may sell or cause the Notice of sale
same to be sold by public auction on giving two weeks' notice
of sale by advertisement in the newspaper published nearest to
such stable, or if more than one newspaper be published in the
same locality, then in either one and by posting up notices in
the nearest post office and in the said livery or boarding stable
of the intended sale, stating (if known):

(a) The names of the owner and the person or persons
who brought such animals or effects to the stable;
(b) The amount of indebtedness and charges for detention;
(c) A description of the animals and effects; and

(d) The name of the seller. No. 40 of 1897, s. 4.

Application of proceeds

5. The proceeds derived from such sale shall be applied:
(a) In paying the expenses incurred by such detention, of sale
advertising and sale:

(b) In paying the debt for which such detention was made; and the surplus if any shall be paid to the person entitled thereto on application being made by him therefor. No. 40 of 1897, s. 5.

not claimed

to Territorial

6. In case such owner does not apply for the same within Balance of one month from the day of such sale then such surplus shall proceeds if be handed over to the Territorial treasurer to be kept by him to be handed in a special trust account for one year, after which time if such treasurer owner does not appear or claim the amount so kept the same shall be paid over and belong to the general revenue fund of the Territories. No. 40 of 1897, s. 6.

ORDINANCE TO BE POSTED.

Ordinance

7. It shall be the duty of every livery stable, boarding Copy of stable and sales stable keeper to have a copy of this Ordinance to be posted hung or posted in a conspicuous place in every such stable in stable and in default of compliance with this section he shall not be entitled to the benefit of this Ordinance. No. 40 of 1897, s. 7.

PERIODICAL CLEANSING OF STABLE.

cleansed and

twice every

8. Every livery stable, boarding stable and sales stable Stable to be keeper in the Territories shall in each and every year in the thoroughly months of April and October thoroughly cleanse all the stalls, disinfected mangers and feed boxes in such stable by thoroughly washing year the same with soap and hot water and immediately afterwards thoroughly applying to every part of the same a solution of bichloride of mercury in the following proportions, namely, one half drachm to one gallon of water; and the keeper of any such stable who shall fail during each of the months aforesaid in any year to cause such cleansing to be done shall for such default or omission on summary conviction before any justice of the peace be liable for the first offence to a fine of not more than $10 and to a fine of not more than $25 for every subsequent offence. No. 40 of 1897, s. 8.

"Hawker"

"Pedler"

CHAPTER 58.

An Ordinance respecting Auctioneers, Hawkers and Pedlers.

TH

HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows:

Interpretation 1. In this Ordinance the expression "hawker" or "pedler" means and includes any person who (being a principal or any agent in the employ of any person) goes from house to house selling or offering for sale any goods, wares or merchandise or carries and exposes samples or patterns of any goods, wares or merchandise to be afterwards delivered within the Territories to any person not being a wholesale or retail dealer in such goods, wares or merchandise; but shall not mean or include any person selling meat, fish, fruit, agricultural implements, sewing machines or farm produce by retail. No. 38 of 1897, s. 29 (1); No. 40 of 1898, s. 11.

License to pursue certain callings

Application for license

Fees payable

Hawker's

sales limited

Duration

of license

Penalty

2. No person shall follow the calling or pursue the business of an auctioneer, hawker or pedler within the Territories without having first obtained a license therefor, which license shall be issued by such person as the Lieutenant Governor in Council may authorise. R.O. c. 37, s. 1; No. 35 of 1892, s. 8.

3. Every applicant for a hawker's or pedler's license shall as part of his application for such license furnish a statement in writing containing a full description of the goods, wares and merchandise which he proposes to sell or offer for sale under such license. No. 38 of 1897, s. 29 (3).

4. On every application for a license under this Ordinance there shall be paid:

(a) For a hawker's or pedler's license the sum of $25;
(b) For an auctioneer's license, on first application therefor,
the sum of $10 and on every subsequent consecutive
application the sum of $5. No. 38 of 1897, s. 29 (2).

5. No hawker or pedler shall sell or offer for sale any goods, wares or merchandise other than those set forth in his application for license. No. 38 of 1897, s. 29 (3).

6. Every license issued under this Ordinance shall expire on the thirty-first day of December of the year in which it is issued. R.O. c. 37, s. 3

7. Any person violating the provisions of this Ordinance

shall be liable, on summary conviction thereof, to a fine not exceeding $100 and costs of prosecution. R.O. c. 37, s. 4.

excepted

8. The provisions of this Ordinance shall not apply within Municipalities a municipality nor shall any license be issued under the provisions hereof in any such municipality. R.O. c. 37, s. 5.

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