He maintains that if it is sought to establish any offence, it must be done, if at all, under the regulations passed pursuant to the Act, and that in such s. 90 and s. 104 apply. Every person who violates any provision of this Act or the regulations made thereunder shall be guilty of an offence against this Act, whether or otherwise so declared or not. Native wine shall not be sold to any person against whom an order of interdiction has been made, or at any time or in any quantities except as permitted by the Act and by these regulations. Under no circumstances may wine be sold to persons under or apparently under the in- fluence of liquor, nor may wine be sold to minors either in their own right or as messengers for others. This prohibition is abso- lute.
Breaches are punishable with severe penalties.
There does not appear to be any section of the Act or regula- tions, except as above set forth, which mentions the right of minors to either purchase or act as messengers for others. Section 95 deals with the making of orders of interdiction, and does not deal with sale to minors, which is covered by ss. Every person who knowingly violates any provision of sections 83 and 85 shall for the first offence be imprisoned for not less than one month, nor more than three months, and for a second or subsequent offence, be imprisoned for not less than four months, nor more than twelve months. The contention is that manufacturers of native wines, and their employees, may sell freely to minors as the law now stands, except insofar as any regulations may apply. It is also argued that as this charge is laid under the Act, and not under the regulations, the prosecution fails.