Lapas attēli
PDF
ePub

4. All cinders and ashes shall be thoroughly extinguished before the engine is removed from where it has been in operation;

5. A barrel of water and two buckets shall be provided and placed conveniently to any stacks or combustible material near the engine;

6. A spark arrester in good repair shall be used and shall not be opened while the engine is in operation.

(2) Any person contravening or failing to comply with any of the provisions of this section shall be guilty of an offence and liable on summary conviction thereof to a penalty not exceeding $5. No. 38 of 1898, s. 12.

CHAPTER 88.

An Ordinance respecting the Construction of

THE

Chimneys.

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

as follows:

1. No person shall construct or use a chimney in any por- Chimneys tion of the Territories unless the same be constructed of walls of stone or brick and mortar, concrete or clay at least four inches thick and projecting at least three feet above the roof of the building wherein the samne is or is to be used; or where Stove pipes stove pipes pass through a roof they must be firmly secured, the wood be cut away at least three inches from and around the pipe and protected by sheet iron, tin or zinc or pass through a safe the same as ceiling as hereinafter mentioned. R.O. c. 33, s. 1.

passing

2. When stove pipes in any buildings lead through parti- Stove pipe tions, floors or ceilings the same shall be encased in solid brick through and mortar, concrete or clay so that at every point there shall partitions be at least four clear inches between such pipe and any wood work or within metallic cylinders or stove pipe safes giving at least one inch and three-fourths air space all around on every side. R.O. c. 33, s. 2.

3. Any person violating the provisions of this Ordinance Penalty shall be subject to a fine on summary conviction not exceeding $50 and costs of prosecution. R.O. c. 33, s. 3.

4. The provisions of this Ordinance shall not apply to farms, Exceptions houses or buildings ten chains distant from one another and shall not apply to municipalities which have provided for the subject matter thereof. R.O. c. 33, s. 4.

CHAPTER 89.

An Ordinance respecting the Sale of Intoxicating
Liquors and the Issue of Licenses Therefor.

HE Lieutenant Governor by and with the advice and con

THE sent of the Legislative Assembly of the Territories enacts

as follows:

Short title

Interpretation

"Board"

"District"

"Householder"

"Dwelling house

"Justice"

** Hotel license"

"Licensee"

"Person"

"Licensed premises"

SHORT TITLE.

1. This Ordinance may be cited as "The Liquor License Ordinance." No. 7 of 1897, s. 1.

INTERPRETATION.

2. In this Ordinance and in the schedules thereto the words. and expressions following shall, unless such interpretation be repugnant to the subject or inconsistent with the context, be construed as follows:

1. "Board" means the board of license commissioners;

[merged small][ocr errors][ocr errors][merged small]

(a) The owner or owners of any house or place of business not actually occupied by any other person under lease for a year or any longer term ;

(b) The tenant or tenants in actual occupation of any house or place of business under a lease for a year or any longer term. Husband and wife living together shall not be considered as separate householders but the husband shall be deemed the householder;

་་

4. Dwelling house" means an actual separate dwelling with a separate door for ingress and egress;

5. "Justice" means a justice of the peace;

6. "Hotel license" means and includes every license granted for the sale by retail of fermented, spirituous or other liquors which may be consumed on the premises on which the same is sold whether hotel premises or not;

7. "Licensee" means a person holding a license under this Ordinance;

8. " 'Person" includes every member of a firm and the servant, office holder, agent of a company, association or body of persons whether incorporated or not;

9. "Licensed premises" means the premises in respect of which a license under this Ordinance has been granted and is in force and extends to every room, closet, cellar, yard, stable, outhouse, shed or any other place whatsoever of, belonging or in any manner appertaining to such house or place;

10. "Liquor" or "liquors" means and comprehends all spir- "Liquor" ituous and malt liquors and all combinations of liquors and "Liquors" drinkable liquors which are intoxicating;

"Bar"

11. "Public bar" or "bar' means and includes any room, "Public bar" passage or lobby in any licensed premises into which the public may enter and purchase liquors;

12. "Inspector" means an inspector for a district and "chief "Inspector" inspector" means the chief inspector of licenses;

"Chief inspector"

retail"

13 "Sale by retail means the sale of a quantity, not to ex- "Sale by ceed half a gallon at any one time, of ale, beer or porter or one quart of wine or spirits;

14. " Electors" means those who are entitled to vote at an "Electors" election for a member of the Legislative Assembly of the Territories;

15. "Judge" means a judge of the Supreme Court usually "Judge” exercising jurisdiction in the judicial district in which the license district (or the greater portion thereof) is situate. No. 7 of 1897, s. 2.

EXCEPTIONS FROM APPLICATION OF ORDINANCE.

3. Nothing in this Ordinance shall apply

Application of Ordinance limited

Manufac

1. To manufacturers of native wine from fruits grown and produced in Canada and who sell such wines in quantities of turers of not less than one gallon or not less than two bottles of three native wine half pints each at one time at the place of manufacture;

selling liquor forming part

debtor's estate

2. To any person who holds a license as auctioneer selling Auctioneer liquor at public auction: Provided that the liquor being sold forms part of an insol- of insolvent vent debtor's estate and is named in the inventory thereof and offered for sale under instructions from the creditor or creditors of such estate or his or their assignee, agent or trustee and that the stock of such liquors is not broken for the purpose of such sale and is not removed from the place in which such liquors were originally exposed under license;

in N.W.M.P.

3. To the sale of beer in any canteen of the North-West Sale of beer Mounted Police established under proper authority; such sale canteens to be restricted to members of the North-West Mounted Police;

4. To the sale of any liquor by virtue of an execution or Judicial sales other judicial process. No. 7 of 1897, s. 3.

LICENSE DISTRICTS.

districts

4. The Lieutenant Governor in Council shall establish dis- License tricts for the purposes of this Ordinance to be called license districts and may from time to time alter and redefine the same; and the license districts when so established and when altered shall be announced by proclamation in The North-West Territories Gazette. No. 7 of 1897, s. 4.

Board of license commissioners

Oath of
office of
commissioners

Appointment

inspector

LICENSE COMMISSIONERS.

5. There shall be a board of license commissioners to be composed of three persons to be appointed from time to time. by the Lieutenant Governor in Council for each license district and each of them shall cease to hold office on the thirty-first day of December in each year subject however to removal at any time before that date at the pleasure of the Lieutenant Governor in Council but may be reappointed and the said office shall be honorary and without any remuneration except that such commissioners may be allowed for their travelling and other expenses while attending meetings of the board the sum of $5 per day and their actual railway fare or expenses for horse hire and each of such boards may elect one of their number to act as chairman and one to act as secretary.

(2) Every commissioner shall forthwith after his appointment and before performing any of the duties of his office take and subscribe the following oath or affirmation:

I (name in full) do hereby solemnly swear (or affirm) that
I will faithfully perform my duty as a license commissioner for
license district number
So help me God.
Sworn (or affirmed) before me, A. B., at

in the North West Territories this
day of

A.D. 1

J. P., or etc., etc.

[In the case of an affirmation the words " So help me God" shall be omttted.]

(3) The said oath or affirmation shall be forthwith returned by the commissioner to the chief inspector. No. 7 of 1897, s. 5.

LICENSE INSPECTORS.

6. The Lieutenant Governor in Council may appoint, preof chief license scribe the duties and fix the salary of a chief inspector of licenses for the Territories who shall hold office during pleasure and shall give such security for the due performance of his duties as may be prescribed by Order in Council. No. 7 of 1897, s. 6.

Duties of, how defined

Appointment of license inspectors

Inspectors to

places when directed

7. The Lieutenant Governor in Council may appoint one or more license inspectors for any license district or for the Territories and shall fix their salaries or fees and prescribe their duties. No. 7 of 1897, s. 7.

8. It shall be the duty of every inspector from time to time visit licensed when directed by the chief inspector to visit and inspect every licensed place within the district and to report forthwith to him every case of infraction of the provisions of this Ordinance; and every inspector shall at once and in conformity with the provisions herein contained prosecute any person so offending and shall suffer no unnecessary delay to intervene between his obtaining the information and the prosecution. No. 7 of 1897, s. 80.

« iepriekšējāTurpināt »