Expenses of
Department.

Net receipts, etc. to be paid Provincial

Treasurer.

Only liquor purchased from Principal

Vendor lawful.

Provisions of Chapter to be posted, etc.

(a) The conduct of the buisness of the Department;

(b) The verification of the stock of liquor on hand from time to time;

(c) The quality of liquor supplied to the public on medical prescriptions;

(d) Such other purposes as may be deemed necessary or expedient.

27. The Provincial Secretary may, out of the moneys obtained from the sale of any liquor by the Principal Vendor, pay and defray all expenses of the Department of Vendors, including the salary of the Principal Vendor, the purchase price of any such liquor and all expenses in connection with the purchase and delivery thereof.

28. All receipts, revenues, profits, and proceeds of the business of the Department, after deducting the expenses of the Department, shall be paid to the Provincial Treasurer from time to time, as the Governor-in-Council may direct.

29. The only liquor that may lawfully be used, sold or kept for sale by vendors, chemists, druggists, or physicians under the provisions of this Chapter shall be liquor or liquors purchased from the Principal Vendor.

30. It shall be the duty of the Principal Vendor to provide cards, suitable for posting on a wall, containing provisions of this Chapter in respect to the giving of prescriptions for liquor by physicians and the obtaining of such prescriptions from physicians, as well as the penalties in such cases provided, and to furnish a sufficient number of cards to the inspector of each municipality for distribution among the practicising physicians in such municipality, and every inspector shall upon the receipt of such cards deliver the same to such physicians, who shall post them in prominent places in their offices, so as to be readily seen by persons visiting such offices.

5. Section 76 of said Chapter is amended by S. 76 amended. striking out the words "Chairman of the Board of Vendor Commissioners for Nova Scotia" in the fourth and fifth lines and substituting therefor the words "Provincial Secretary", and by striking out the word "Board" in the seventh and eighth lines and substituting therefor the word "Department".

or Commission

6. The Board of Vendor Commissioners for Nova Board of Vend Scotia constituted under said Chapter 158 is ab-ers abolished. olished, and any reference in enactment, conveyance, lease, agreement, order, regulations, by-laws, ordinance or in any other document to the said Board or to the Chairman thereof, whether such reference is by his official title or otherwise, shall as regards any subsequent transaction, matter or thing be held and construed to be a reference to the Provincial Secretary.

CHAPTER 49.

An Act to Amend Chapter 158, Revised Statutes of Nova Scotia, 1923, "The Nova

Scotia Temperance Act."

(Passed the 19th day of March, A. D. 1926.)

Be it enacted by the Governor, Council and Assembly as follows:

added to section

1. Section 2 of Chapter 158, Revised Statutes Subsection of Nova Scotia, 1923, is amended by adding thereto 2. the following sub-section:

Private dwell

(i) (1). "Private Dwelling Place" means a sep-ing place. arate dwelling, with a separate door or doors for entrance therein, and occupied and used as a private residence.

(2). The term "private dwelling place" shall not be construed to include or mean any house or building occupied and used or partly occupied and partly used as an office, other than as the office of a duly registered physician or dentist; or as a shop, warehouse, club-house or club-room, public hall or

hall of any society or order; or as a boarding house or lodging house where there are more than three boarders or lodgers other than the members of the family; or as a livery stable or garage; or as an inn, tavern, hotel, or other house or place of entertainment; or any house or building, the rooms or compartments in which are leased to different persons; or any house or building, where for money, or other valuable consideration, any goods or chattels are kept for sale or sold, or meals given or lodging provided; or any house or building connected by a doorway or covered passage or any other way of internal communication, except by telephone, with any place where liquor is authorized to be sold under the provisions of this Chapter, or with any office, except that of a duly registered physician or dentist, or with any place of business, factory, warehouse, workshop, club-house, club-room, hall, boarding house, lodging house, hotel or other house or place or public entertainment or resort. Provided, however, that where the office, shop or place of business mentioned herein is on the ground floor of any building, which above the ground floor is used exclusively for living apartments, which have no internal communication with the ground floor, such apartments shall be regarded as a private dwelling place. Notwithstanding the restrictions contained herein, a private dwelling place shall include a suite of rooms in an apartment house, separate from all other rooms in such house, and used as a private residence, and without any door or opening whereby communication may be had with any other rooms therein, except doors opening into a main or common hall, leading with or without stairways into a street.

(3). Notwithstanding anything contained herein, a private dwelling place shall not include or mean a building or place occupied as a dwelling place, which is also used in whole or in part as a place of resort for the purpose of drinking intoxicating liquor, or as a warehouse, depot, place of storage or concealment for intoxicating liquor kept with the intent to commit an offense against any of the provisions of this Chapter.

to.

2. Sub-section (2) of Section 5 of said Chapter Section 5 added 158 is amended by adding thereto the following:

Such prescription shall also state that the quantity of liquor therein set forth is required for the health of the patient and has been prescribed after examination by the physician.

as enacted by

1924, amended.

3. Sub-section (2A) of Section 5 of said Chapter Sec. 5, 88. (2a). 158, as enacted by Section 6 of Chapter 44 of the Sec. 6, Ch. 44, Acts of 1924, is amended by inserting between the word "supply" and the word "printed" in the first line thereof the words "serially numbered."

Sec. 9 as amend

amended.

4. Sub-section (2) of Section 9 of said Chapter San 158, as amended by Section 4 of Chapter 69 of the Ch. 69, 1925, Acts of 1925, is amended by adding thereto the words "from a vendor, chemist, druggist or physician."

to Sec. 25, as

5. Section 25 of said Chapter 158, as amended Sub-sec, added by Chapter 48, Acts of 1926, is further amended by amended by Ch adding thereto the following sub-sections:

48, 1926.

Applications on

forms.

(4). All applications by vendors, chemists, drug-serially numgists and physicians to the Principal Vendor for the bered printed supply of intoxicating liquor shall be made on serially numbered printed forms to be supplied for such purpose by the Principal Vendor.

Principal ven

sales to In

(5). The Principal Vendor shall report promptly dor to report to the inspector-in-chief all sales of liquor made by spector in Chief him to each vendor and along with such report shall furnish a memorandum showing the name of the person ordering such liquor, the carrier or messenger to whom such liquor was delivered and the quantity and kind of liquor so supplied. The vendor so purchasing such liquor shall, within twenty-four hours of its delivery to him, notify the Principal Vendor in writing of the fact of such delivery and receipt by him, and any vendor who fails or neglects to make such notification at the time and in the manner herein prescribed shall incur a penalty of not more than twenty-five dollars, and not less than ten dollars.

Section 45 added to.

Section added.

Writ of assist

ance.

Form A in
Schedule, re

6. Section 45 of said Chapter 158 is amended by adding thereto the following:

Such inspection shall be made at such time or times as may be determined by the inspector-inchief, and the inspector making the same shall report thereon to the inspector-in-chief.

7. Said Chapter 158 is further amended by inserting the following section between Sections 66 and 67 thereof:

66A. (1). Any Judge of the Supreme Court, upon application by the Attorney-General, shall grant a writ of assistance to the inspector-in-chief, and, upon the recommendation of the inspector-inchief, to any inspector or other officer employed in the enforcement of the provisions of this Chapter, and such writ shall remain in force so long as the person named therein continues to hold office or is authorized to perform any duties under the provisions of this Chapter, whether in the same capacity or not.

(2). Under the authority of such writ of assistance, the person therein named, whether alone or accompanied by other officers, may enter at any time in the day or night, and by force if necessary, into any building or other place, and search for intoxicating liquor kept therein in violation of the provisions of this Chapter, and seize such liquor when found.

(3). Upon any entry, search or seizure under a writ of assistance, the powers to be exercised and the procedure to be followed by the person or persons so authorized, as well as the protection afforded them thereby, shall be in all respects the same as those set forth in Section 66 or other Sections of this Chapter, relating to such powers, procedure and protection in the case of officers acting under a search warrant.

8. Form A in the Schedule to this Chapter is pealed; substi- repealed, and the following substituted therefor:

tuted.