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money.

And to produce te visee, such purchaser or purchasers is and are hereby required to produce to ceipts for the purchase the said Inspector the receipt or acquittance for the purchase money for such still or stills, under the hand of the said executor or administrator, before he, she or they shall be entitled to demand the indorsation of the said Licence to be made in manner hereinafter directed.

When any person sees cause to remove

necessary it should be again licenced;

II. And be it further enacted by the authority aforesaid, That wheu any peror transfer a still, not son or persons having taken out a Licence to work a still or stills, shall see cause to remove or transfer the same, it shall not be necessary that any still or stills so removed or transferred, be again Licenced previous to the expiration of the Licence under which it or they were wrought before such reinoval or transfer, otherwise than as herein after mentioned. Provided nevertheless, That the persons intending to remove or transfer such still or stills but notice is required to as aforesaid, shall, and he, she or they are hereby required to give notice in be given. writing to the Inspector of the District in which such still or stills is or are intended to be worked as aforesaid, of his, her or their intention of so removing or transferring such still or stills, at least ten days before such removal or transfer.

After notice, &c.

licence.

III. And be it further enacted by the authority aforesaid, That after such noInspector to indorse tice shall have been given, and such receipt produced, in the cases by this Act required, to the said Inspector of the District as aforesaid, it shall and may be lawful to and for the said Inspector, and he is hereby required to indorse the original Licence granted for the working such still or stills, in manner following, (that is to say,)

Form of indorsment.

A. B. is hereby Licenced to work the within mentioned Still or Stills, for the remainder of the term by this Licence first granted.

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C. D. Inspector for the District of

IV. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the Inspector in each and every District, at all times in the enter day time, when the said still or stills shall not be charged, or after having

Inspector at all times in the day time, when &c. to still-house.

Penalty for refusing to admit Inspector.

given six hours notice to the proprietor or proprietors, or person or persons working or using such still or stills, to enter into any still-house, or place where any still or stills is or are wrought, and to measure each and every still so wrought as often as he shall see cause so to do; and if the proprietor or person working such still or stills, shall refuse to admit any such Inspector as aforesaid to enter into the still-house, or other place where any still or stills is or are wrought as aforesaid, and measure the still or stills as aforesaid, and shall be convicted thereof upon the oath of the Inspector or otherwise, before any Justice of the Peace in the District, the said proprietor, or person or persons working such still or stills, shall forfeit the sum of twenty five pounds, to be paid to His Majesty, his Heirs or Successors, to and for the public uses of this Province, and to be accounted for to His Majesty through the Lords Commissioners of His Majesty's Treasury for the time being, in such manner and form as it shall please His Majesty to direct, which said forfeiture shall be levied by distress and sale of the offender's goods and chattels, and in case the party or parties so convicted as aforesaid, shall not have any goods or chattels, upon which the said sum of twenty-five pounds can

be

be levied, and any part of the said sum of twenty five pounds shall remain unpaid for the space of ten days after such conviction as aforesaid, then it shall be lawful for the Magistrate before whom the said conviction shall be so had, to order the party or parties so convicted to be committed to the common Gaol of the District, or to the custody of the Sheriff thereof, there to remain without Bail or Mainprize for the space of three calendar months, by a warrant under the hand and seal of the Magistrate before whom such conviction shall be had. Provided nevertheless, And if any person or persons who shall be so convicted before any such Magistrate as aforesaid, shall consider him, her or themselves aggrieved by such conviction, then and in such case it shall and may be lawful to and for the party or parties so considering him, her or themselves aggrieved, and he, she and they is and are hereby authorised, upon giving good and sufficient security to the satisfaction of the Magistrate so convicting, for the payment of the conviction money and the costs of appeal, to bring his, her or their appeal from the said conviction, in a summary mode, before the then next ensuing General Quarter Sessions of the Peace for the District in which such conviction shall take place, during which interval all further proceedings upon the said conviction shall cease, and the Magistrates in such Quarter Sessions assembled, are hereby authorised and required to hear, adjudge and determine such appeal upon the merits thereof, and the determination of such Quarter Sessions shall be held and considered final and conclusive, not subject or liable to be removed by certiorari or otherwise before any other jurisdiction, and if such conviction shall be affirmed by the said Quarter Sessions, the defendant or defendants shall in addition to the conviction money, pay such costs for and on account of such appeal as to the said Quarter Sessions shall seem meet, and if such appeal shall not be prosecuted and brought to a decision at the Quarter Sessions next following the conviction, the Quarter Sessions shall in such case also award such costs to the iuformer, or party who had obtained the conviction before the said Magistrate, as to the said Court shall seem meet.

Appeal to the Qual ter Sessions.

Costs to be awarded

Provision for costs

V. And be it further enacted by the authority aforesaid, That in all cases in which any person or persons shall be prosecuted to conviction for any offence against this Act, or any former Act or Acts of this Province relative to the Collecting Duties on Stills, and a conviction shall actually be pronounced, and no provision shall have been by any former Act made for compensating the said Inspector on account of such prosecution, it shall and may be lawful to and for the said Inspector to state and make out in writing of prosecution, &c. a true and exact account of all costs and expences by him incurred, and he shall also be admitted to make a reasonable charge for the time by such Inspector employed or bestowed in prosecuting such offenders to conviction, which said costs, expences and charges, shall be audited by His Majesty's Executive Council of this Province, and such sum as the said Executive Council shall allow on account thereof, shall be paid by warrant to be issued by the Governor, Lieutenant Governor, or Person administering the Government of this Province, on the Receiver General thereof, for the time being, out of any funds in the Receiver General's hands arising from duties 11.)

on Stills.

(See 34th Geo. III

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Granting £175 for

the purchase of the Statute Laws of England. See 52d Geo. III. 1st Session, c 7.

An Act for granting to His Majesty a certain SUM of MONEY for the purposes therein

mentioned.

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An Act appropriating a certain sum of MONEY annually to defray the EXPENCES of erect ing certain PUBLIC BUILDINGS to and for the uses of this Province.

[Repealed by 52d Geo. III. c 4. 2d Sess.]

£303 11 10 1-2 granted to defray the Contingent Expences of the preceding Session.

CHAP. X.

An Act for applying a certain Sum of MONEY therein mentioned, to make good certain MONIES, issued and advanced by His Majesty through the Lieutenant Governor, in pursu ance of an Address.

CHA P. XI.

An Act for granting to His Majesty a certain sum of MONEY, for the further encouragement of the GROWTH and CULTIVATION of HEMP within this Province, and the EXPORTATION thereof.

[Repealed by 53rd Geo. III. c 7,]

STATUTES.

STATUTES

OF

UPPER-CANADA,

PASSED IN THE FIRST SESSION OF THE FOURTH PROVINCIAL

PARLIAMENT,

MET AT YORK, ON THE FIRST DAY OF FEBRUARY, AND PROROGUED ON THE SECOND
DAY OF MARCH FOLLOWING, IN THE FORTY-FIFTH YEAR

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An Act for altering the TIME of ISSUING LICENCES for the keeping a House or any other Place of Public Entertainment, or for the Retailing of Wine, Brandy, Rum, or any other Spirituous Liquors, or for the having or using of Stills for the purpose of Distilling Spirituous Liquors, and for repealing so much of an Ac: passed in the forty-third year of His Majesty's Reign, as relates to the periods of paying into the hands of the Receiver General the Monies collected by the Inspector of each and every District throughout this Province for such Licences.

the

[2d Mareh, 1805.]

THEREAS the time appointed by the Laws now in force, for the granting and taking out Licences for the keeping of a House or any other place of Public Entertainment, or for the Retailing of Wine, Brandy, Rum, or any other Spirituous Liquors, or for the having and using of Stills for purpose of distilling Spirituous Liquors for sale within this Province, hath been found to be inconvenient; 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, intituled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's

Preamble,

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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 the Licences to be granted by the Governor, Lieutenant Governor, or Person Administering the Government of this Province, for the keeping of a house or any other place of Public Entertainment, for the retailing of Wine, Brandy, Rum, or any other Spirituous Liquors, or for the having and using of Stills, for the purpose of Distilling Spirituous Liquors for sale, to cominence from the fifth day of April, now next ensuing, shall be extended, and continue in force to the fifth day of January one thousand eight hundred and six, and no longer, and that from the said fifth day of January one thousand eight hundred and six, and from the fifth day of January in every subsequent year, it shall and may be lawful for the said Governor, Lieutenant Governor, or Person Administering the Government, to grant Licences as aforesaid, for the purposes aforesaid, for one whole year next ensuing.

II.

III. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the Magistrates acting in each and every division in the several Districts of this Province, to appoint a day of Public meeting in each division, in either of the two last weeks of the month of December in each and every year, for receiving applications from such person or persons who desire to take out Licence or Licences, to commence from the fifth day of January one thousand eight hundred and six, or from the fifth day of January in any subsequent year, for the purpose of opening Public Houses within the said several divisions, under and by virtue of this Act, in like manner as heretofore such meetings have been held in either of the two last weeks in March, to receive applications from such persons as did desire to take out Licences for the purpose aforesaid, to commence from the fifth day of April then next ensuing; and that all the rules, regulations, restrictions, penalties, matters and things which are by any Act or Acts of the Legistature of this Province in force, touching and concerning the applying for, allowing, granting, obtaining, or in any wise relating to all or any of the said Licences respectively herein before mentioned, except so far as they are varied or changed by this Act, shall, and are hereby extended to such Licences respectively, as shall be granted, to commence from the fifth day of April next ensuing, and from the said fifth day of January in the year one thousand eight hundred and six, and from the fifth day of January in each and every subsequent year, under and by virtue of this Act, any thing herein contained to the contrary notwithstanding.

IV. [Repealed by 56th Geo. III. c 3, s 1, & 59th c 2, s 1. ]

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CHAP. IF

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