The Magistrates who make any such Regu punish offenders herein directed. as III. And be it further enacted by the authority aforesaid, That such assessment as aforesaid, shall be raised, levied, collected and paid in proportion to the sum that such person is rated for, upon any assessment he may possess or hold in the said town of Kingston, and subject to such Rules and Regulations as may be made by the Magistrates in Quarter Sessions for the said District, for the purpose of raising, collecting and paying any sum collected, to the Treasurer of the said District, which said sum shall be applied from time to time in such manner for the purposes aforesaid, as the Magistrates in Quarter Sessions assembled, or a majority of them shall direct and appoint. IV. And be it further enacted by the authority aforesaid, That the Magislations authorized to trates in General Quarter Sessions of the Peace, or the major part of them, as often as they shall make and publish any such Rules and Regulations for the purposes aforesaid, may make, ordain, limit and provide such reasonable fines against the offenders of such Rules and Regulations as they may think proper, not exceeding forty shillings for any one offence, to be prosecuted before any Commissioner of the Peace of the Town of Kingston, upon the oath of one credible witness, and to be levied by warrant, under the hand and seal of such Commissioner, upon the goods and chattels of such offender; and that one moiety of the sum so levied shall go to the informer, and the other moiety shall be paid to the Treasurer of the said District, for the use of the said Town. Manner of publish V. And be it further enacted by the authority aforesaid, That every such ing such Rules and Re- Rule and Regulation so made as aforesaid, before it shall have effect, shall be published in the Kingston Gazette, and also be posted up in three or more public places in the said Town. gulations. Cases to which this Act does not extend. CHAP. XXXIV. An Act for granting to His Majesty, Duties on LICENCES to HAWKERS, PEDLARS and I. II. } [Repealed by 58th Geo. III. c 5, s 1.] Passed 1st April, 1816. III. And be it further enacted by the authority aforesaid, That nothing in this Act shall extend, or be construed to extend to prohibit any person or persons, being British born subjects, or subjects become such by naturalization, or by conquest, from selling leather, hollow ware, farming utensils, or any printed papers, published by authority, they being the growth, produce or manufacture of this Province, nor to hinder any person or persons, who are the real makers of any goods, wares, or merchandize of the ma nufactory nufactory of this Province, or his, her or their children, apprentices, agents or servants to such real workers or makers of such goods, wares or manufactories, (they being subjects as above) only from carrying abroad, exposing to sale, or selling by retail or otherwise, any of the said goods, wares or manufactories, of his, her or their own making, in any part of this Province; nor any tinkers, coopers, glaziers, harness menders, or any other persons, usually trading in mending kettles, tubs, household goods or harness, whatsoever, from going about and carrying with him, her or them, proper materials for mending the same, without having a Licence as aforesaid, they being subjects as before recited; Provided also, that this Act shall not be construed to extend, to prohibit hucksters or persons having stalls or stands in the Markets, in the Towns within this Province, from selling or exposing to sale, without having a Licence as aforesaid, any fish, fruit, victuals, or goods, wares and merchandize, in such stall or stands, they being British subjects as aforesaid, and complying with such rules and regulations of Police, as by the Justices in their General Quarter Sessions of the Peace, or by any other authority are or may be established insuch Towns, respecting such stalls and stands. 4 Licences to be grant ed by Governor, Lieu IV. And be it further enacted by the authority aforesaid, That the Licences herein before mentioned, shall be granted by the Governor, Lieutenant tenaut Governor, &c. Governor or person administering the Government of this Province, and for every such Licence that shall be delivered, there shall be paid by the person or persons applying for the same, to the Collector, the sum of three shillings and nine pence, current money, and no more, for issuing the same. V. And be it further enacted by the authority aforesaid, That every Collector as aforesaid, before he enter upon the execution of his said office, shall take and subscribe the following oath; which oath shall be taken before any two of His Majesty's Justices of the Peace, in and for the District in which such Collector shall reside, who are hereby authorized and required to administer and transmit the same, to be filed in the office of the Clerk of the Peace, amongst the Records of the said District : I, A. B. do swear, that I will well and truly execute, do and perform the duty of Collector of His Majesty's Revenue, arising on Licences to Hawkers, Pedlars and Petty Chapmen, and other Trading persons as described by an Act, passed in the fifty-sixth year of His Majesty's Reign, entitled, "An Act for granting to His Majesty, Duties on Licences to Hawkers, Pedlars and Petty Chapmen, and other Trading persons therein mentioned," and will duly and impartially superintend the collection thereof, according to the best of my skill and knowledge, and in all cases of fraud, or suspicion of fraud, that shall come to my knowledge, I will show no person favour or affection, nor will I aggrieve any person from hatred or ill-will; and that I will in all cases faithfully do, execute and perform, to the best of my skill and knowledge, all and every the duties imposed upon me, bythe beforementioned Act. So help me God. Sums to be paid for said Licences. Oath to be taken by the Collectors. VI. And be it further enacted by the authority aforesaid, That every Collec- Security to be given tor, acting under, and by virtue of this Act, shall within three months from and hy said Collectors. after No person to sell wine, brandy, &c. with out a Licence for the sale thereof, agreeably out first baving taken to the Laws of this Province. Suits to recover Penalties under this Act, to be commenced with in 12 months after the offence committed. Penalties for refusing to appear to be examin ed as a witness. Penalties by this Act Smposed, how to be paid and accounted for. Limitation of Action for any thing done in after the passing thereof, give security by two sureties, in two hundred pounds each, and himself in four hundred pounds, current money of this Province, to His Majesty, His Heirs and Successors, for the due performance of his office. IX. And be it further enacted by the authority aforesaid, That nothing in this Act shall be construed to permit any person or persons whatsoever, to sell any wine, brandy, rum, or other spirituous liquors, without first having taken out a Licence for the sale thereof, agreeably to the Laws of this Province. X. Provided always, and be it further enacted by the authority aforesaid, That no suit or action shall be brought or commenced against any person or any for persons, penalty by this Act imposed, that shall not be brought or commenc ed within twelve months after the offence or offences respectively committed. XI. And be it further enacted by the authority aforesaid, That if any person or persons shall be summoned, as a witness or witnesses, to give evidence before any Justice of the Peace, touching any of the matters relative to this Act, and shall neglect or refuse to appear at the time and place for that pur pose appointed, without reasonable excuse for such neglect or refusal, to be allowed of by the said Justices of the Peace before whom the prosecu tion shall be depending, that then every such person shall forfeit for every such offence, the sum of ten pounds, current money aforesaid with costs, to be levied, recovered and paid in such manner and by such means, as are herein-before directed; and for want of sufficient distress, the offender or offenders shall be sent by such Justices of the Peace, to the nearest Gaol for such time, not exceeding two months, nor less than one month, as such Justices of the Peace shall think they merit. XII. And be it further enacted by the authority aforesaid, That the moiety of every pecuniary penalty or satisfaction by this Act imposed, shall belong to His Majesty, His Heirs and Successors, and shall also be paid by the person or persons respectively receiving the same, into the hands of the Receiver-General, to and for the use of His Majesty, His Heirs and Suc cessors, for the public uses of this Province, and towards the support of the Government thereof, to be accounted for to His Majesty, through the Lords Commissioners of His Majesty's Treasury, for the time being, in such manner as it shall please His Majesty to direct, and the other moiety thereof shall belong to the person or persons who shall sue for the same. XIII. And be it further enacted by the authority aforesaid, That if any pursuance of this Act. action or suit, shall be brought or commenced against any person or per sons, for any thing done in pursuance of this Act, such action or suit shall be commenced, within six months next after the matter or thing done, and not afterwards; and the defendant or defendants, in such action or suit may plead the general issue, and give this Act, and the special matter in evidence evidence, at any trial to be had thereupon; and if afterwards judgment shall be given to the defendant or defendants, or the plaintiff or plaintiffs shall become nonsuited, or discontinue his, her or their action or suit, after the defendant or defendants shall have appeared, then such defendant or defendants shall have treble costs awarded to him, her or them, against Pleading and Costs. such plaintiff or plaintiffs, and have the like remedy for the same as any defendant or defendants hath or have in other cases, to recover costs at law. Cases to which this XIV. Provided always, and be it further enacted by the authority aforesaid, That nothing in this Act contained, shall extend or be construed to extend, Act does not extend. to authorize any person or persons, who shall or may be Licenced as aforesaid, to offer and expose to sale, any goods, wares or merchandize, which shall not be bona fide the property of such person so Licenced as aforesaid. Cases where no Li XV. Provided nevertheless, That nothing in this Act, shall extend or be construed to extend, to compel any person or persons, to take out Licence cence is necessary. as aforesaid, who may only import into this Province the following articles, viz: wheat, flour, pease, beans, oats, barley, indian corn and meal, rye, staves and heading, oak, pine and fir timber, and other Lumber, pot and pearl ashes, furs and skins not dressed, beef, pork, sheep, swine and live cattle, cheese, butter, and all other articles of provisions; all or any of which ar ticles shall be discharged and disposed of at the Port at which such person shall make entry. XVI. And be it further enacted by the authority aforesaid, That this Act shall be in force, for and during the space of two years. Continuance of this Act. (See 58 Geo. III. c 5.) CHAP. XXXV. An Act for granting to Ilis Majesty a sum of Money, and to provide for the appointment of a MOST GRACIOUS SOVEREIGN, [Passed 1st April, 1816.] WHEREAS, it is expedient for the welfare of this Province, that a Provincial Agent should reside in England, having access to your Majesty's Government there, whose duty it may be to solicit and explain the interests of this Colony, as well in its relations with the United Kingdom as with the Sister Province of Lower Canada and others, your Majesty's Colonies, We, your Majesty's dutiful and loyal Subjects, the Commons of Upper-Canada, in Provincial Parliament assembled, beseech your Majesty, that it may be enacted, And be it enacted, by the King's Most Excel 4 A lent Preamble. in Great Britain. lent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, intituled, " An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, intituled, 'An Act for making more effectual provision for the Government of the Province of Quebec, in North America, and to make further provision for the Government of the said Province." and by the authority of the same, That from and after the passing of this Act, it shall and may be lawful for the Governor to appoint Governor, Lieutenant Governor, or Person administering the Government this Province, to reside of this Province, to nominate and appoint a sufficient person as an Agent on behalf of this Province, to reside at the seat of His Majesty's Government in Great Britain, which Agent shall and is hereby entitled to receive the yearly salary of Five Hundred Pounds Sterling, which salary of five hundred pounds sterling, shall be paid by the Receiver General of this Province, from and out of any fund or funds which now are, or which may hereafter come into his hands to and for the public uses of this Province, and unappropriated, in discharge of such warrant or warrants, as shall for that purpose half yearly be issued by the Governor, Lieutenant Governor, or Person administering the Government of this Province, and shall be accounted for to His Majesty, His Heirs and Successors, through the Lords Commissioners of His Majesty's Treasury for the time being, in such manner and form as His Majesty, His Heirs and Successors shall be graciously pleased to direct. Salary. II. And be it further enacted by the authority aforesaid, That the tenor of Office of Agent to be the office of Provincial Agent shall be during good behaviour, and that it during good behaviour shall not be lawful to remove him therefrom excepting on the joint address of the Legislative Council and House of Assembly respectively, to the Governor, Lieutenant Governor, or Person administering the Government of this Province. cil and House of Assem him to remove the III. And be it further enacted by the authority aforesaid, That when and If Legislative Coun- so often as the Legislative Council and House of Assembly respectively, as bly shall address the aforesaid, shall concur in an address to the Governor, Lieutenant Governor, Governor, requesting or Person administering the Government of this Province, and shall reAgent, he shall be re- quest him to remove the said Agent from office, the said Agent shall be, and he is hereby removed, and shall not be entitled to receive any emolument or salary from this Province, from and after the official notification thereof, to His Majesty's Government in Great Britain. moved. In all cases of vacan eies, Governor to appoint a proper person to fill the same. IV. And be it further enacted by the authority aforesaid, That in all cases of vacancies in the said office, occasioned either by the death or removal of any Agent who shall or may be appointed under the authority of this Act, it shall and may be lawful for the Governor, Lieutenant Governor, or Person administering the Government of this Province, to appoint a proper person to fill the same, who shall be, and he is hereby authorized and entitled to receive the same annual salary, as was enjoyed by his predecessor in office, which annual salary shall be paid in like manner as is already provided for in this Act. V. |