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40. The Board may build or hire hospitals, furnish the same, employproper persons to attend the sick placed therein do whatever is necessary with regard thereto, and provide for the interment of the dead; may appoint Committees of one or more of the Board to execute its orders; which Committees may sue and be sued for any contractor engagement entered into by them in fulfilment of their duties; and in order to defray the expenses, the Governor in Council may grant a Warrant on the Receiver General for payment thereof, but for no larger amount in any one year than the sum of two thousand dollars, and no money shall be expended by the Board without the sanction of the Governor in Council.
41. The said Board may, within its jurisdiction, remove to the hospital, or other fit place, any infected or sick person, and keep him there until cured or sufficiently recovered to be discharged with safety; and ifany person shall violate the orders of the Board, or resist, oppose, or obstruct any of its Committees, or any person acting in their aid, he shall be liable to a penalty not exceeding two hundred dollars nor less than twenty dollars for each act of violation, resistance, opposition or obstruction.
42. Prosecutions for the recovery of penalties incurred under this part of this Chapter, or under any regulations made or to be made by the said Board of Health, shall be brought by and in the name of the Board of Health of the City of Fredericton, and may be prosecuted and recovered before the Police Magistrate of the said City, and the defendant, when the penalty exceeds eighty dollars, may be held to bail as in civil causes; and all penalties, when recovered, after deducting expenses, shall be paid to the Receiver General for the use of the Province.
PART IV. THE BOARD OF HEALTH FOR THE TOWN OF WOODSTOCK.
43. The Board of Health for the Town of Woodstock as constituted under the Act of Assembly twenty ninth Victoria, Chapter 6, shall remain and continue to be the Board of Health for the Town of Woodstock until a new Board of Health is established for the said Town, as hereinafter provided, and shall exercise all the powers conferred upon the Bjard of Health for the said Town by this Part of this Chapter
44. The Governor in Council may at any time dissolve the Board of Health mentioned in the last preceding Section, and establish a new Board of Health for the said Town, which shall consist of not more than five members, who shall be residents of the said Town: The first person named in the Commission establishing the Board shall be the Chairman thereof; in his absence the second person named shall act as Chairman, and so in the successire order in which the members of the Board are named, any three of whom shall constitute a quorum for the transaction of business: The Board may appoint a Clerk, and the orders and the regulations of the Board, signed by the Chairman and Clerk, shall be valid.
45. The provisions of Sections thirty fire, thirty six, thirty seven, thirty eight, thirty nine, forty and forty one of this Chapter, shall apply to the Board of Health for the Town of Woodstock.
46. Prosecutions for the recovery of penalties incurred under this l'art of this Chapter, or under any regulations made by the Board of Health, shall be brought by and in the name of the Board of Health of the Town of Woodstock, and the defendant, when the penalty exceedseighty dollars, may be held to bail as in civil causes by the order of a Judge of the Court where the action may be brought, and all panalties, when recovered, after deducting expenses, shall by paid to the Receiver General for the use of the Province.
SPECIAL BOARDS OF HEALTH. 47. In order to prevent the spreading of any epidemic, or contagious or infectious disease, in any County, Town, or Parish, the Governor in Council may establish a Board of Health in and for any such County, Town, or Parish, and may at any time dissolve or renew the same.
48. The Governor in Council may from time to time inake regulations toprevent the introduction andspreading of such diseases, and otherwise protect the public health, and may from time to time revoke or amend the same, and may impose penalties, forfeitures and punishments for the breach thereof, and provide for the recovery, imposition, or infliction thereof.
49. Such regulations may be general, or may b: confined to any County, Town, or Parish, and a copy of the Royal Gazette in which the same are published, shall be evidence of the making, date and contents of such regulations.
50. Such regulations shall have the force of law during the time they shall remain unreroked.
51. The Governor in Council may issue a warrant on the Provincial Treasury for payment of any expenses incurred by such Board of Health with the sanction of the Governor in Council.
Section. I No person to sell liquor without a 18 No liquor to be sold to appren. license.
tices, &c. 2 Power to grant license, in whoin 19 No liquor to be sold on Sunday.
vested ; license fees, &c. 20 Tavern keeper, &c., enticing sea3 No license to be granted to any men or apprentices, to forfeit Justice of the Peace, &c.
his license. 4 Liquor not to be sold in any shop 21 County Secretary to make lists of for groceries, &c.
persons having tavern licenses, 5 Moneys paid for licenses how ap &c. plied.
22 One half of penalty in all cases to 6 Tavern and wholesale licenses. be paid to the party procuring 7 County Council may make regula the conviction.
tions, &c., for sale of liquors. 23 Construction of word “liquors." 8 Persons obtaining license to give 24 No liquors to be sold in any booth, bonds, &c.
shed, &c.,or from any waggon or 9 Duties of Constables, &c., penal- other vehicle ; penalty therefor.
ties for non performance. 25 Se!llng liquor to intoxicated per10 Person violating regulations, &c., sons; penalty for.
of County Council, how punished. 26 Sale on board steamorg, &c., with. 11 Witnesses how summoned; penal- out license; penalty for. ty for disobedience.
27 All places for sale of liquors to be 12 Selling without license; penalty closed from ten o'clock, p. n., for, how recovered, &c.
until six o'clock, a. m, 13 Bribery, &c., of witnesses ; penal. 28 Penalties under this Chapter, ty for.
how recovered. 14 Violation of this Chapter; what 29 Incorporated Towns, power of to to be evidence of.
grant licenses. 15 Penalties under this Chapter, how 30 No license to be granted where a levied.
majority of ratepayers petition 16 Person having tavern license only against granting such license. not to sell by wholesale.
31 To what localities this Chapter 17 Person cannot recover for liquor shall apply.
sold upon credit ; penalty for Schedule.
tuking pledges. 1. No person shall directly or indirectly barter or sell any Liquors without License for that purpose first obtained as hereinafter provided.
2. The several County Councils of the Counties in this Province are hereby empowered to grant wholesale and tavern licenses to such and so many persons of good character as they in their discretion shall think proper, to sell
Liquors by wholesale, or keep a tarern within their respective Counties, demanding and receiving for erery such license a sum not exceeding one hundred dollars, nor less than twenty dollars, which sum shall be paid into the hands of the County Secretary of the County where the same shall be granted, together with fifty cents to the said Secretary for his trouble in issuing such license; but no wholesale or tavern license shall be in force for a longer period than one year.
3 No retail or tavern license shall be granted to any Justice of the Peace, constable, special constable, or policeman.
4. No license shall be granted to any person to sell liquors by retail in any store, shop, place or premises where groceries or other articles of merchandize are sold or exposed for sale, or in any store, shop or premises connected by any internal communication with such first mentioned store, shop, place or premises; and if any person holding such license shall expose for sale in the store, shop or premises for which such license was issued, any of the goods aforesaid, then such license shall ipso facto become void and revoked.
5. The County Secretaries of the several Counties, (not being Secretary-Treasurers) within one week after the meeting of Council during which any licenses may hare been granted shall pay over to the respective County Treasurers all such money so received by them respectively for licenses so granted, towards defraying the contingent expenses of the County.
6. No license to keep a tavern or inn shall be granted to any person unless he shall be of orderly and sober habits, and shall have the means of comfortably entertaining travellers; and no person licensed to sell by wholesale any liquors under the provisions of this Chapter shall sell any such liquors in any quantity less than one pint, nor shall such wholesale dealer permit any such liquors to be drunk on his premises, nor shall any person holding a tavern or retail license only, sell hy wholesale, or sell more than one quart to any person at one time.
7. The County Council shall from time to time make and ordain such rules and regulations as they may deem necessary to be observed by wholesale dealers and tarern keepers. in their respective Counties, under such penalties as the
said Councils respectively may consider right, but in no case to be less than four dollars nor more than twenty dollars for every breach of such rules and regulations, to be recovered before any two of Her Majesty's Justices of the Peace of the County where the breach may be committed.
8. No wholesale or tavern license shall be granted in any County in this Province unless at a semi-annual meeting, and erery person on obtaining a license shall enter into recognizance to Her Majesty in the sum of one hundred and sixty dollars, with two good sureties, conditioved to obey such rules and regulations.
9. It shall be the duty of all constables, special constables and policemen, to search out and prosecute all offenders against the laws in force with reference to the sale of spirituous liquors, bymaking complaint and prosecuting the same to conviction before some Court of competent jurisdiction ; and if any such constable, special constable, or policeman, wilfully fail or neglect to perform such duty, he shall for erery such failure or neglect of duty be liable to the penalty of eight dollars, to be collected on the complaint of any resident of the County in which such neglect takes place, and under the provisions of any law now or hereafter inforce relating to Summary Convictions before Justices of the Peace; and any such constable, special constable, or policeman neglecting his duty as aforesaid, shall upon conviction for neglect of duty as aforesaid, be dismissed from office by any two Justices of the Peace in and for the County in which such constables, special constables or policemen are acting, and for which or any Parish or Town in which they have been appointed.
10. When it shall come to the knowledge of any two of Her Majesty's Justices of the Peace in any County, by complaint or otherwise, that any wholesale dealer, tavern or inn keeper, within the jurisdiction of the said Justices, has been guilty of a breach of any rule or regulation made as aforesaid, it shall be lawful for the said two Justices to cause the offending party to be brought before them at such time as they in their discretion shall appoint; and the said two Justices may compel the attendance of any witnesses to give evidence on any proceedings to be had before them respectively, against any person for the breach of any such rules