2G8


8.  IntoxicatInK  ll(|Uf>rfl -Power  to  regu-
late sale  of  -Trade  and  commerce  -Mode  of
testing  validity  of  clause  imposing  conditions
for  obtaining  licenses  —  KiiiutiiH'iits  (if  the
Legislature  of  Xova  Scotia  prohibit ing  the
retail  of  intoxicating;  lii|U<)fs  by  nilici'iisoil  ven-
dors, ami  prcsci'ibiii},'  pciialliiis  for  such  tiuli-
censi'd  vcniling,  arc  within  the  ])o\vcr  of  that
Legislature  by  section  }f_'  of  the  li.  N.  A.  Act,
sub-section  S) ;  and  it  would  be  no  clefence  to  an
aotiou  for  such  penalty  to  show  that  the  legis-
lation under  which  the  sessions  were  autiioiized
to  refuse  to  grant  licenses  was  ultra  rinx.  The
pro])ei- course  in  such  case  would  be  a  uiandauius
to  the  sessions  to  coui])el  the  granting  of  the
license.  The  legislation  contained  in  4th  K.  S.,
c.  "•'>,  sections  .S'J  and  .S.S,  is  not  tilira  rins,  al-
though it  may  to  a  certain  limited  extent  ati'ect
trade  and  coniuierce.
Kii/i   V.  MrLi  iiiKlil,  '1  K.  i^  ('.,  ."> ;
'2  Cart.,  4tK).
9.    Procedure     The  Canada  Temperance

Act  gave  an  ajjpcal  to  the  County  Court,  but
provided  for  none  from  County  Court  to
Supreme  Court  The  County  Court  Act  (N.S.)
gave  a  general  appeal  to  the  Supreme  Court
from  the  County  Court -//-/</,  that  liie  latter
Act  could  not  be  invoked  to  sn]i])ort  the  right
of  appeal  from  the  County  Court  in  a  ca.-ie  under
the  Caiuida  Temperance  Act.
Mrl)(,„a'<l  V.  .1/.r»,\7i,  .-)  R.  &  C,  1.
(JiKin  V.  ll'o//i,  7  K.  &  <i.,  '-'4  ;

7C.  L.  T., :.:?.
