CHAPTER 140. An Act Respecting the Closing of Shops, and the H ER MAJESTY, by and with the advice and consent of Interpretation. Shop." "Closed." "Municipality." INTERPRETATION. 2. Unless the context otherwise requires, the following words and expression in the fifteen next following sections and in any by-law passed under the provisions of the fifteen next following sections shall have the meaning hereby assigned to them respectively, that is to say: (.) The expression "Shop" means any building or portion of a building, booth, stall or place where goods are exposed or offered for sale by retail, but not where the only trade or business carried on is that of a tobacconist, news-agent, hotel, inn, tavern, victualing house or refreshment house, nor any premises wherein, under licence, spirituous or fermented liquors are sold by retail for consumption on the premises, nor auction rooms, pawnbrokers' shops, nor shops in which second hand goods or wares are bought, sold or offered for sale; (b) The expression "closed" means not open for the serving of any customer; (c.) The expression "municipality" means the city, town, village or rural municipality, the municipal council whereof, either upon application made in that behalf or otherwise, passes any by-law under the provisions of this Act. e. 32, s. 2, s-s. 1, part; 53 V. c. 2, s. 52. 51 V. By-laws determining hours of closing. Council to pass by-law on Occupiers of shops. HOURS OF CLOSING SHOPS. 3. Any municipal council may by by-law require that, during the whole or any part or parts of the year, all or any class or classes of shops within the municipality shall be closed and remain closed, on each or any day of the week, at and continuously after the time and hour fixed or appointed in that behalf by the by-law: but any such time or hour fixed or appointed by a by-law passed under the authority of this section shall not be earlier than seven of the clock in the afternoon of any day. 51 V. c. 32, s. 2, s-s. 2. 4. If any application be received by or presented to a application of municipal council, praying for the passing of a by-law requir ing the closing of any class or classes of shops situate within the municipality, and the Council be satisfied that such application is signed by not less than three-fourths in number of the occupiers of shops within the municipality and belonging to the class or each of the classes to which such application relates, the council shall, within one month after the receipt or presentation of such application, pass a by-law giving effect to the said application and requiring all shops within the municipality, belonging to the class or classes specified in the application, to be closed during the period of the year and at the times and hours mentioned in that behalf in the application. 51 V. c. 32, s. 2, s-s. 3. 5. The council, in estimating such number of occupiers Computing of shops belonging to the class to which such application relates, shall take into consideration such shops only as are within the meaning of sub-section (a.) of the second section of this Act. 53 V. c. 2, s. 53; 54 V. c. 1, s. 17. as to form and cations. 6. A municipal council may by by-law make regulations Regulations as to the form of any application to be made under the pre-proofs of appliceding sections, and as to the evidence to be produced respecting the proportion of persons signing such application, and as to the classification of shops for the purposes of the preceding sections; and it shall not be compulsory upon a council to pass a by-law under said preceding sections unless and until, with respect to the application made therefor, all such regulations have been duly observed. 51 V. c. 32, s. 2, s-s. 4. of application. 7. If the application mentioned in the next preceding three Presentation sections be delivered to the clerk of a council, it shall be deemed to have been presented to and received by the council within the meaning of said preceding sections. 51 V. c. 32, s. 2, s-s. 5. ment and pub laws. 8. Every such by-law shall take effect at a date named Commencetherein, being not less than one nor more than two weeks after lication of bythe passing thereof, and shall before that date be published in such manner as to the council passing a by-law may appear best fitted to insure the publicity thereof. 51 V. c. 32, s. 2, S-s. 6. repealed only 9. A municipal council shall not have the power to repeal By-laws to be a by-law passed pursuant to the fourth section of this Act, as provided in except as provided in the next following section. 51 V. c. 32,' s. 2, s-s. 7. sec. 10. may be 10. If at any time it is made to appear to the satisfaction When by-law of a municipal council that more than one-third in number of repealed. the occupiers of shops to which any by-law passed by the council under the authority of the fourth section of this Act relates, or of any class of such shops, are opposed to the continuance of such by-law, the council may repeal the said bylaw, or may repeal the same in so far as it affects such class of shops as aforesaid; but any such repeal shall not affect the power of the council to thereafter pass another by-law under any of the foregoing provisions of this Act. 51 V. c. 32, s. 2, S-S. 8. Closing of shops in trades are 11. A shop in which trades of two or more classes are which several carried on shall be closed for the purpose of all such trades at the hour at which it is by any such by-law required to be closed for the purpose of that one of such trades which is the principal trade carried on in said shop. 51 V. c. 32, s. 2, s-s. 9. carried on. Exception as to sales by druggists. Supplying articles to lodgers. Agent or servant to be liable to penalty. Power of occupier to ex empt himself of actual offender. 12. A pharmaceutical chemist, or chemist and druggist, shall not, nor shall any occupier of or person employed in or about a shop in any village, be liable to any fine, penalty or punishment, under any such by-law, for supplying medicines, drugs or medical appliances after the hour appointed by such by-law for the closing of shops; but nothing in this section contained shall be deemed to authorize any person whomsoever to keep open shop after said hour. 51 V. c. 32, s. 2, s-s. 10. 13. Nothing in any such by-law contained shall render the occupier of any premises liable to any fine, penalty or punishment for supplying any article to any person lodging in such premises, or for supplying any article required for immediate use by reason or because of any emergency arising from sickness, ailment or death; but nothing herein contained shall be deemed to authorize any person whomsoever to keep open shop after the hour appointed by such by-law for the closing of shops. 51 V. c. 32, s. 2, s-s. 11. 14. Where an offence for which the occupier of a shop is liable under any such by-law to any fine, penalty or punishment has in fact been committed by some agent or servant of such occupier, such agent or servant shall be liable to the same fine, penalty or punishment as if he were the occupier. 51 V. c. 32, s. 2, s-s. 12. 15. Where the occupier of a shop is charged with an offence against any such by-law, he shall be entitled, upon information on conviction duly laid by him, to have any other person whom he charges as the actual offender brought before the Court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the said occupier proves to the satisfaction of the Court that he has used due diligence to enforce the execution of the provisions of the by-law, and that the said other person committed the offence in question without his knowledge, consent or connivance, or wilful neglect or default, the said occupier shall be exempt from any fine, penalty or punishment; but the said other person shall thereupon be summarily convicted of such offence, and shall be liable to the same fine, penalty or punishment therefor as if he were the occupier. 51 V. c. 32, s. 2, s-s. 13. By-laws to be deemed to have been passed under Municipal 16. Subject to the provisions in the preceding sections of this Act contained, any by-law passed by a municipal council 1910 under the authority of this Act shall, for all purposes what- 17. Nothing in the preceding sections of this Act or in Saving clause. any by-law passed under authority thereof shall be deemed to render unlawful the continuance in a shop, after the hour appointed for the closing thereof, of any customers who were in the shop immediately before that hour, or the serving of such customers during their continuance therein. 51 V. c. 32, s. 2, s-s. 1, part. FURTHER INTERPRETATION. 18. In this and the subsequent sections of this Act, unless Further interthe context otherwise requires, pretation. (a) The expression "shop" means any retail or wholesale "Shop." shop, store, booth, stall or warehouse in which assistants are employed for hire; son. (b.) The expression "young person means any boy under "Young perthe age of fourteen years and any girl under the age of sixteen years, as the case may be, but does not mean or include any person whose usual and ordinary employment in or about a shop is that of a driver of a delivery waggon, van or vehicle: (c.) The expression "employer" means any person who in "Employer. his own behalf, or as the manager, superintendent, overseer or agent for any person, firm, company or corporation, has charge of any shop and employs persons therein: (.) The expression "week" means the period between mid- "Week.” night on Sunday night and midnight on the succeeding Saturday night; (e.) The expression "parent" means a parent or guardian "Parent." of, or a person having the legal custody of or the control over, or having direct benefit from the wages of, a child or young person. 51 V. c. 32, s. 3, s-s. 2. |