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

tion;

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

Chimneys.
THE
THE Lieutenant Governor by and with the advice and con-

sent 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 same is or is to be used; or where Store pipes stove pipes pass through a roof they must be tirmly 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.U. c. 33, s. 1.

2. When stove pipes in any buildings lead through parti-Stove pipe tions, floors or ceilings the same shall be encased in solid brick Pissing

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.

sent of the Legislative Assembly of the Territories enacts as follows:

THE

SHORT TITLE.

Short title

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

INTERPRETATION.

* Board"

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"Householder"

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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; ‘District "

2. District ” means a license district;
3. Householder" means-
(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 ; (6) 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; “Dwelling 4. “Dwelling house” means an actual separate dwelling with house"

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

Ordinance; Person" 8. “Person "includes every member of a firm and the ser

vant, office holder, agent of a company, association or body of

persons whether incorporated or not ; " Licensed 9. “ Licensed premises” means the premises in respect of premises"

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 ;

“Justice"

* Hotel license"

Bar"

Chief

10. “Liquor” or “liquors” means and comprehends all spir-Liquor”.

"Liquors" ituous and malt liquors and all combinations of liquors and drinkable liquors which are intoxicating ;

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 ;

inspector" 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 thie license district (or the greater portion thereof) is situate. No. 7 of 1897, s. 2.

retail"

EXCEPTIONS FROM APPLICATION OF ORDINANCE.

of Ordinance limited

turers of native wine

selling liquor

3. Nothing in this Ordinance shall apply

Application 1. To manufacturers of native wine from fruits grown and

Manufac. produced in Canada and who sell such wines in quantities of not less than one gallon or not less than two bottles of three half pints each at one time at the place of manufacture;

2. To any person who holds a license as auctioneer selling Auctioneer liquor at public auction :

forming part 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;

3. To the sale of beer in any canteen of the North-West Sale of beer Mounted Police established under proper authority; such sale in New M.P. 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.

canteens

LICENSE DISTRICTS.

4. The Lieutenant Governor in Council shall establish dis- License tricts for the purposes of this Ordinance to be called license districts 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.

LICENSE COMMISSIONERS.

Board of license

5. There shall be a board of license commissioners to be

composed of three persons to be appointed from time to time commissioners

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 suid office shall be honorary and without any remuneration except that such commissioners may be allowed for their travelling and other expenses while attending ineetings of the board the sum of $5 per day and their actual railway fure or expenses for horse hire and each of such boards niay elect one of their number to act as chairman and one to act as secretary.

Oath of (2) Every commissioner shall forth with after his appointoffice of commissioners

ment and before perforning any of the duties of his office take and subscribe the followiny oath or affirmation:

I (name in full) do hereby solemnly swear (or affirm) that I will faithfully perform iny 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

A.D. 1

J. P., or etc., etc. [In the crise of an affirmation the words So help me Godshall be omttted.]

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

day of

LICENSE INSPECTORS.

Appointment

6. The Lieutenant Governor in Council may appoint, preof chief license inspector

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 of, duties as may be prescribed by Order in Council. No. 7 of how defined

1897, s. 6.

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Appointment of license inspectors

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.

Inspectors to 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 places when directed licensed place within the district and to report forth with 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.

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