and whereas, suits of the proper competence of the said District Courts, are frequently brought into the Court of King's Bench, having concurrent jurisdiction, to the great increase of costs and charges to the parties: For remedy whereof, 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 in any suit hereafter to be brought in the Court of King's Bench, which suit may be of the proper competence of the District Court, no more costs shall be taxed against the defendant, than would have been incurred in the District Court, in the same action, unless the Judge, who tried the cause of such suit or action, shall certify in open Court at the trial, that it was a fit cause to be withdrawn from the District Court, and commenced in the Court of King's Bench. 1 II. And be it further enacted by the authority aforesaid, That the defendant's costs taxed between client and attorney in such suit not so certified, or so much thereof as shall exceed the costs taxable in the District Court, in such case shall be set off, against the plaintiff's costs taxed, to be recovered from defendant.. CHAP. V. An Act to continue, repeal part of, and amend 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 CHẠPMEN and other Trading Persons therein mentioned.” and to extend the provisions of the same.. [Passed 1st April, 1818.] HEREAS, an Act passed in the fifty-sixth year of the Reign of our 56 Geo. III. c 3X Preamble. 56th Geo.3, chap. 34 ty, Duties on Licences to Hawkers, Pedlars and Petty Chapmen, and other North: North America, and to make further provision for the Government of the said Province," and by the authority of the same, That the said Act, with Except the 1st, 2d, the exception of the first, second, seventh and eighth clauses thereof, which are hereby repealed, shall be and remain in force for and during the continuance of this Act. 7th and 8th Clauses. Duties on Licences Hawkers, Pedlars and When Licence to be taken out. By whom. II. And be it further enacted by the authority aforesaid, That there shall be to be taken out by raised, 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 several and respective Duties therein mentioned, for and upon the respective Licences, to be taken out in manner and by the persons hereinafter mentioned; that is to say, from and after the fifth day of April in this and every ensuing year, during the continuance of this Act, there shall be taken out a Licence by every Hawker, Pedlar, Petty Chapman and any Trading Person or Persons, such person or persons having taken the oath of allegiance to His Majesty, going from town to town, or to other men's houses, or who have not become house-holders by permanent residence in any town or place within this Province, by or for the space of one year, previous to the passing of this Act, or travelling either on foot, or with a horse or horses, mule or mules, or other beast bearing or drawing burthen; boat or boats, decked vessels or other craft or otherwise within this Province, carrying to sell or exposing to sale, any goods, wares or merchandize, for which Licence there shall be paid the following sums, at Amount of Duties the time such Licence be taken out:-For every man traveller on foot, five pounds current money of this Province, for every horse, ass or mule, or other beast bearing or drawing burthen, an additional sum of five pounds; for every man sailing with a decked vessel, trading and exposing for sale, goods, wares and merchandize, on board or from the same, the sum of twenty-five pounds; for every man trading with a boat or other craft, and exposing for sale, goods, wares and merchandize, for each boat or craft the sum of twenty pounds. thereon. Authority to seize any Hawker, Pedlar, Licence. duce his Licence. III. And be it further enacted by the authority aforesaid, That it shall and &c. trading without a may be lawful for any Justice of the Peace, Collector, Deputy Collector, Constable or Peace Officer, to seize and detain any such Hawker, Pedlar or Petty Chapman, or other Trading Persons as aforesaid, who shall be found trading without a Licence, contrary to this Act, or being found trad Or refusing to pro- ing, shall refuse or neglect to produce a Licence according to this Act, after being required so to do, in order to his or her being carried, and they are hereby required to carry such person or persons so seized, unless he or they shall produce their respective Licences, before three or more of His Three or more Jus- Majesty's Justices of the Peace, the nearest to the place where such of fence or offences shall be committed, which said three or more Justices of the Peace, are hereby authorised and strictly required, either upon the confession of the party offending, or due proof by witness or witnesses, other than the informer, upon oath, which oath they are hereby empowered to administer, that the person or persons so brought before them had so traded as aforesaid without a Licence, and in case no such Licence shall be produced by such offender or offenders, before such Justices, the said Justices tices on complaint may fine offenders. by by warrant under their hands and seals, directed to a Constable or other Peace Officer, shall cause a sum not exceeding twenty pounds, nor less than five pounds, with reasonable costs, to be forthwith levied by distress and sale of the goods, wares, and merchandise of such offender or offenders, or of the goods with which such offender or offenders shall be found trading, as aforesaid, rendering the overplus (if any there be) to the owner or owners thereof, after deducting the reasonable charges for taking the said distress; and for want of sufficient distress, the offender or offenders shall be sent to the nearest gaol of such District, for a time not exceeding six months, nor less than one month, as such Justices of the Peace shall think most proper. Amount of penalty. Imprisonment in de fault of distress. IV. And be it further enacted by the authority aforesaid, That the Collectors Collectors to adecunt, acting by virtue of and under the authority of this Act, shall, and they are hereby required to make returns to the Inspector General of this Province, and transmit all such monies as may come to their hands, to the Re- and pay over monies. ceiver General of this Province, in like manner and subject to the same penalties as Inspectors and Collectors now are by virtue of any Law now in force in this Province. V. And be it further enacted by the authority aforesaid, That the Duties levied, collected, and paid, by virtue of this Act, and one 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 uses of His Majesty, His Heirs and Successors, for the public ases 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 of such pecuniary penalty or satisfaction shall belong to the person or persons who shall sue for the same. VI. 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 Parliament. Appropriation of pe- nalties. Informer. Continuance of this Act. CH A P. VÌ An Act granting to His Majesty a Duty on Licences to AUCTIONEERS, and on Goods, Wares, and Merchandise sold by Auction. MOST GRACIOUS SOVEREIGN. W [Passed 1st April, 1818.] HEREAS, it is expedient to increase the Revenue of this Province would Preamble. would be for the advantage of the said Province if all persons using or exercising the trade or business of an Auctioneer, should be obliged to take out a Licence for that purpose, specifying their names and places of abode respectively, and to grant unto Your Majesty a certain rate upon all sales of goods, wares, and merchandise whatsoever, sold by way of Auction, as herein after mentioned: We your Majesty's dutiful and loyal Subjects, the Commons of Upper-Canada, in Provincial Parliament assembled, do most humbly 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 for the Govern ment of the said Province," and by the authority of the same, That from Auctioneers required and after the passing of this Act, all and every person or persons who shall to take out licences. When. And pay £5 for the game. By whom to be issued." Fee to the Collector. Penalty for neglect to take out the licence spicuous manner in his auction room, his name and to exhibit in a con and trade as auctioneer exercise the calling or occupation of an Auctioneer, shall, and they are hereby required to take out a Licence, as aforesaid, on or before the first day of June next, before he, she, or they shall presume hereafter to exercise such calling or occupation of an Auctioneer. II. And be it further enacted by the authority aforesaid, That all and every person or persons who shall exercise the calling or occupation of an Auctioneer, shall yield and pay annually, to and for the use of His Majesty, His Heirs and Successors, for a Licence to use and exercise the said calling or occupation, the sum of five pounds. III. And be it further enacted by the authority aforesaid, That the Licences herein before mentioned shall be granted by the Governor, Lieutenant 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 five shillings, current money, and no more, for issuing the same. IV. And be it further enacted by the authority aforesaid, That any person or persons who shall neglect to take out such Licence, as aforesaid, on or before the fifth day of January hereafter, in each and every year during the continuance of this Act, and shall so continue to exercise the said trade or business of an Auctioneer, or who shall neglect to exhibit, in a conspi cuous manner, at his Auction-room, his name and trade as such Auctioneer, shall, upon the oath of one or more credible witness or witnesses, other How to be recovered. than the informer, for each and every of the said negligences or offences, forfeit and pay the sum of twenty pounds, to be recovered before any three or more of His Majesty's Justices of the Peace, in the District where such offence shall have been charged to have been committed, the party or parties being first summoned to attend, which Justices are hereby authorised and required to issue their warrant, and cause the penalty, as aforesaid, with reasonable costs and charges, to be levied by distress and sale of the goods goods and chattels of such offender, returning the overplus, if any there be, after deducting the reasonable charges for taking the said distress, and for want of sufficient distress, the offender or offenders shall be sent to the common gaol of the District, for such time not exceeding six months. Imprisonment in de fault of distress. Duties of 2 12 per auction. V. And be it further enacted by the authority aforesaid, That from and after cent on goods seld by the first day of June next, there shall be raised, levied, collected and paid in suchmanner as hereinafter is mentioned, to and for the use of His Majesty, His Heirs and Successors, to and for the public uses of this Province, and the support of the Government thereof, for and upon all manner of sales of goods, wares, and merchandise by way of Auction, as aforesaid, in the Province of Upper-Canada, the respective rates and duties hereinafter expressed, that is to say: the sum of two pounds ten shillings for every hundred pounds, and in thesame proportion for every greater or lesser sum of the purchase money arising by sale at public Auction of such goods, wares, and merchandise, the said respective rates and duties to be paid by every such Auctioneer, proceeds of the sale. out of the monies arising at each and every such sale at Auction, as aforesaid. To be paid by the Auctioneer out of the Bond to be given by Auctioneers, to render an account and pay o duties. VI. And be it further enacted by the authority aforesaid, That each and every person acting, as aforesaid, at every such public sale at Auction in any part of this Province, shall at the time of receiving such Licence, as ver the amount of such aforesaid, execute a bond, with sufficient sureties, in the sum of five hundred pounds, current money of this Province, to His Majesty, His Heirs and Successors, which security, the Collectors to be appointed for granting such Licence, as aforesaid, shall, and they are hereby authorised to take, with condition that he will, within sixty days after every such sale, deliver in an exact and particular account to such person or persons as shall be appointed to deliver out the Licences, as aforesaid, in writing, of the total amount of the money bid at each sale, and of the several articles, lots, or parcels, which shall have been there sold, and the price of each and every such article, lot, or parcel, and at the same time, make payment of all such sum and sums of money as shall be due and payable to His Majesty, in pursuance of and according to the true intent and meaning of this Act, which sum or sums of money, he is hereby authorised and empowered to retain out of the produce arising by such sale, or deposit made at such sale, or otherwise recover the same by action of debt or on the case, against the person or persons by whom such Auctioneer shall be employed, or on whose account such goods, wares, and merchandise shall be so sold, and every person, so acting as Auctioneer, or the person who acted as his clerk at such sale, if any, shall make oath to the truth of each and every such to. account, before the person or persons issuing such Licence, as aforesaid, or before some one of His Majesty's Justices of the Peace for the District in which such Auctioneer shall reside, which oath, the said person or persons issuing such Licence, as aforesaid, and such Magistrate, is and are hereby authorised and empowered to administer. VII. Provided also, and it is hereby further enacted by the authority aforesaid, That nothing in this Act contained, shall extend, or be construed to extend to charge with the said rate or duty, any goods, wares and merchan Accounts to be sworn Not to extend to S |