IV. And be it further enacted by the authority aforesaid, That this Act shall continue and be in force four years, and from thence to the end of the then next ensuing Session of the Provincial Parliament. CHAP. IX. An Act to enable the Commissioners of GAOL DELIVERY and OYER and TERMINER to proceed, although the Court of King's Bench be sitting in the Home District, for which they are Commissioned.. WH [Passed 7th April, 1817.] HEREAS, by construction of Law without special provision to the contrary, the meeting of the Court of King's Bench, in any District supersedes all Commissions of Oyer and Terminer and Gaol Delivery; And whereas, it may so happen that the business of the Spring Assize, in the Home District, may not be concluded before the first day of Easter Term; Be it therefore enacted by the King's Most Excellent 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, entitled "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, entitled 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 when any Session of Oyer and Terminer and Gaol Delivery for the Home District, shall have have been begun to be holden before the first day of any Term, that the said Session shall continue to be holden and the business. thereof finally concluded, notwithstanding the sitting of His Majesty's Court of King's Bench within the said District; and that all trials and proceedings, as well as judgments, had at such Session so continued to be holden, shall be good and effectual to all intents and purposes, as if the said Session of the Court of King's Bench Court of King's Bench. had not been. See 34 Geo. III. c 2.). STATUTES STATUTES OF UPPER-CANADA, PASSED IN THE SECOND SESSION OF THE SEVENTH PROVINCIAL PARLIAMENT, MET AT YORK, ON THE FIFTH DAY OF FEBRUARY, AND PROROGUED ON THE FIRST An Act to impose a duty upon persons selling WINE, BRANDY and other SPIRITUOUS WH [Passed 1st April, 1818.] HEREAS, for the better support of the Government of this Province, and for promoting the internal improvement of the same, it is expedient to increase the Revenue thereof: We your Majesty's most 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 Excellent 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 Preamble for Licence to be taken out by wholesale ven ders of Wine, Brandy, or other Spirituous Li quors. for the Government of the said Province," and by the authority of the same, That there shall be raised, levied, collected, and paid to His Majesty, His Heirs and Successors, to and for the public uses of this Province, and the support of the Government thereof, the Duties hereinafter mentioned, for and upon the respective Licences, to be taken out in the manner and by the persons herein after mentioned. II. And be it further enacted by the authority aforesaid, That from and after the first day of June next, and from and after the fifth day of January in each and every year ensuing, there shall be taken out a Licence by every Merchant, Shopkeeper, Trader, or Dealer, who may sell or vend any Wines, Brandy, or other Spirituous Liquors, by wholesale; that is to say, three gallons and upwards, and who have not taken out a Licence to sell, vend, and retail Wines, Brandy, or other Spirituous Liquors, for which Duty on such Li- Licence there shall be paid, at the time such Licence shall be taken out, the sum of five pounds of lawful money of this Province. cence. sued. By whom to be is III. And be it further enacted by the authority aforesaid, That the Licence herein before mentioned shall be granted by the Governor, Lieutenant Governor, or Person administering the Government of this Province, through the Inspector in each and every District, and for every such Licence that shall be delivered to the Inspector, there shall be paid by the person or Fee to the Inspector persons applying for the same to the Inspector, the sum of two shillings, and six pence, current money, for issuing the same, and no more. on issuing the same. When Inspectors shall account, IV. [Repealed by 59th Geo. III. c 17, s 1.] V. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for each and every Inspector of this Province, and each and every of them is and are hereby required to render, within one month after the fifth day of January in each and every year during the continuance of this Act, to the Inspector General of this Province, a just, true, and faithful account, to be verified on oath, of all monies which he or they shall receive under and by virtue of any Act of the Parliament of this Province, and such Inspector and Inspectors, as aforesaid, shall also pay or cause to be paid into the hands of the Receiver General of this Province, within two months thereafter, all such monies as he and they shall have so received. VI. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for each and every such Inspector, as aforesaid, and each and every of them is and are hereby required to transmit to the Inspector General of this Province, every three months thereafter, a just, true, and faithful account, to be verified on oath, of all such monies as he and they shall collect and receive under and by virtue of any Act of the Parliament of this Province, and such Inspector and Inspectors shall, in one month subsequent thereto, pay or cause to be paid into the hands of the Receiver General of this Province, all such monies as he and they shall have so received Penalty for selling Spirituous Liquors by How to be recovered. VII. And be it further enacted by the authority aforesaid, That if any Merchant, Shopkeeper, Trader, or Dealer in Wines, Brandy, or other Spiritu- wholesale without Lious Liquors, who shall not have taken out a Licence to sell Wines, Brandy, cence, or other Spirituous Liquors, by wholesale or retail, shall sell, vend, or expose to sale any Wines, Brandy, or other Spirituous Liquors, as aforesaid, without first having obtained a Licence for that purpose from such Inspector, as aforesaid, he shall forfeit and pay the sum of fifteen pounds, to be recovered on the oath of one or more credible witness or witnesses, other than the informer, before any two of His Majesty's Justices of the Peace, the nearest to the place where the offence may have been committed, to be levied by distress and sale of the offender's goods and chattels, together with all reasonable costs both before and after conviction; and in default of payment of such fine or fines, or in default of such goods and chattels, fault of payment, or to be committed to the common Gaol of the District, for a term not exceeding four nor less than one calendar month. Imprisonment in de goods. Distribution of Pe VIII. And be it further enacted by the authority aforesaid, That the moiety of every pecuniary penalty or satisfaction by this Act imposed shall belong nalties. to His Majesty, His Heirs and Successrs, 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 Successors, for the public uses of this Province, and towards the support of the Civil Government thereof, to be accounted for to His Majesty, through the Lords Commissioners of His Treasury for the time being, in such manner and form as it shall please His Majesty to direct, and the other moiety thereof to the informer, or person who shall sue for the same. IX. Provided also, and be it further enacted by the authority aforesaid, That no information or complaint shall be received under this Act, if more than six calendar months have elapsed since the thine of offence committed. X. And be it further enacted by the authority aforesaid, That the said Inspector shall retain and take at the rate of five per cent. for every hundred pounds he shall so collect, as aforesaid, during the continuance of this Act, and all monies so paid by the said Inspector into the hands of the Receiver General, shall be by him 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. XI. And be it further enacted by the authority aforesaid, That this Act shall be and continue in force for two years, and from thence to the end of the then next ensuing Session of the Provincial Parliament. Informer. Limitation of Complaint. Six months. Per centage to be retained by Inspector. Duties how to be accounted for. Act. 10, Continuance of this (See 54th Gen. III. c 59th c 17.) СНАР. Preamble. recited. CHA P. II. An Act to repeal part of an Act, passed in the fifty-sixth year of His Majesty's Reign, entitled, "An Act to alter the time of holding the COURTS of GENERAL QUARTER SESSIONS of the Peace, in the LONDON and JOHNSTOWN DISTRICTS." WHEREAS, by an [Passed 1st April, 1818.] HEREAS, by an Act passed in the fifty-sixth year of His Majesty's Reign, entitled, "An Act to alter the time of holding the Courts of 56, Geo. 3, chapter 1, General Quarter Sessions of the Peace in the London and Johnstown Districts of this Province, the time of holding the said Courts of General Quarter Sessions are altered in the said London and Johnstown Districts, and whereas it is expedient, as far as relates to the Johnstown District to repeal the same; Be it enacted by the King's Most Excellent 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 so much of the second clause of the said Act as declares that the said This Act not to take Courts of General Quarter Sessions of the Peace be holden in the Johnstown District on the second Tuesday in the months of January, April, July, and October, be, and the same is hereby repealed. Provided always, That this Act shall not take effect until the first day of June next. So much thereof as relates to the District of Johnstown repealed. effect before the first of June next. Preamble. (See 34th Geo. III. e 943. CHA P. III. An Act to enable ROBERT CARTWRIGHT, son of the late Honorable Richard Cartwright, deceased, to surrender certain Lands in the Town of Kingston to His Majesty, His Heirs and Successors. [Private.] CHA P. IV. An Act to regulate the COSTS in certain Cases in the Court of KING'S BENCH. WH [Passed 1st April, 1818.] HEREAS, the District Courts, established in the several Districts of this Province, were intended as well to relieve defendants from the charge of answering in the Superior Court, as to facilitate the suitor; and |