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To ascertain proper
e sucn Jury i iu
shall also issue their Warrant to such Sheriff, commanding him to summon Ane to summon a Jury; a Jury to appear and be on a day and at a place in such Warrant to be mentioned, (the most convenient that may be) to inquire of and ascertain compensation to tho the compensation which ought to be made for the purchase, possession or use, of such piece of ground, accordingly as the same may be required for the public service, in fee or for a limited period, to the several persons interested therein, and to whom the same ought to be paid; and the Sheriff Sheriff inay administer shall have power to administer an oath to the Jury, to render a true verdict on the question submitted to them according to the evidence; and also to administer an oath to all Witnesses produced before such Jury; and the verdict to be certified to verdict of such Jury shall be certified by such Sheriff to the Governor of this Province, in order that proper compensation and the reasonable expenses of such Sheriff in summoning the Jury, and also of their attendance, may be paid to the persons severally entitled thereto, out of any Expenses, how paid; funds at the disposal of Her Majesty, granted and made applicable to such purpose by the Imperial Parliament of the United Kingdom of Great Britain and Ireland: Provided always that no such piece of ground shall be so n. taken for the public service without the consent of the owner or owners without consent of owner, thereof, unless the necessity for the same shall be first certified by the Com-samme be first certified b. mander of Her Majesty's Forces in this Province, or unless the enemy shall in case of invasion. have actually invaded this Province, when such piece of ground shall be. taken.
No grouud to be taken
unless the necessity for
Commander of Forces, or
AN ACT to alter and amend an Act pussed in the thirty-second year of the
reign of His late Majesty King George the Third, entitled, “ An Act to.establish the Winchester Measure throughout this Province.”
[Passed 10th February, 1840.]
W HEREAS by the seventh clause of an Act passed in the fourth year Preamble.
of His Treasury: And whereas for carrying into effect the intentions of the said Act, it is necessary that the Inspector of Weights and Measures for each of the Districts of the Province should attend certain public places in each of the several Districts of the said Province, with the Stamps and copies of the standard Weights and Measures in his custody, by which Weights and Measures used in buying and selling may be examined, compared and stamped: Be it therefore enacted by the Queen'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 from and after the passing of this Act, it shall be lawful for Measures to give public the Inspectors of Weights and Measures in the several Districts in this
Province, and they are hereby required so to do, to publish in one or more newspapers of the District in which they are acting, from time to time, the different places and times in their Districts where and when they shall attend with the Stamps and copies of the Standard Weights and Measures in their custody, to examine, compare, and Stamp if found correct, all. Weights and Measures made use of in buying or selling.
Inspectors of Wcights and
or the place and time where they will attend with the standards.
Part of the 7th section 4 Geo. 4, chap. 16, repealed.
II. And be it further enacted by the authority aforesaid, That so much of the seventh Section of the said Act as enacts that the one half of the penalty so forfeited shall be paid to the Informer or Informers, be and the same is hereby repealed.
cvidence suflicient for a conviction.
ill. And be it further enacted by the authority aforesaid, That the inforon path to be prima facio mation of the Inspector upon oath, shall in future be considered prima
facie sufficient evidence for a conviction, in not complying with the other requisitions and provisions of the said Act,
[Passed 10th February, 1840.]
late by Law the Commercial intercourse of the Province of Upper Canada with the United States of America,” a duty of six-pence per Bushel was imposed on Salt imported from the said United States, which duty has been continued in force by subsequent enactments: And whereas difficulties are frequently experienced at the several Ports of Entry in ascertaining and determining the exact quantities of Salt on which the said Duty should be paid : And whereas it is important to the just protection of the Revenue that an uniformity of practice upon this point should be established throughout the Province: Be it therefore enacted by the Queen'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 from per bnshel on Salt and after the passing of this Act the said Duty of Six pence per Bushel on every 55 ls. weigui, shall be paid, levied and collected, upon every Bushel of fifty-six pounds weight of Salt imported at any Port of Entry in this Province from the United States of America.
The duty of six-pence
declared to be payable
AN ACT to authorise certain Duties to be imposed and collected on Wooden
Stills within this Province, and for other Purposes therein mentioned. .
[Passed 10th February, 1840.]
WHEREAS the law authorising the levying a Duty upon Wooden ..
Section 10, 58th Geo, 3, - chap 1;
and to make further provision for the Government of the said Province," and by the authority of the same, That the sixth clause of an Act passed in :he forty-third year of the reign of King George the Third, Chapter Nine, entitled, “An Act for the better securing to His Majesty, His Heirs and Successors, the due collection and receipt of certain Duties therein mentioned”: also the tenth clause of an Act passed in the fifty-eighth year of the reign of His said Majesty King George the Third, Chapter First, entitled, “ An Act to impose a Duty upon persons selling Wine, Brandy, and other Spirituous Liquors, by Wholesale”: and also the fifth clause of an Act passed in the fifty-ninth year of His late Majesty King George the Third, entitled, “ An Act granting to His Majesty an additional Duty on Stills used for the distillation of Spirituous Liquors for sale, and for ascertaining the manner in which certain Wooden Stills shall
be gauged in this Province," so far as the above recited Acts relate to any relates to per centage of per centage that the Inspectors of Districts are authorised to retain for
iheir own use, or to any limitation thereof, be and the same are hereby repealed.
Repealed, so far as
Inspectors of Districts.
After 1st March, 1840, n duty of 18, 6d. per
used for distilling spirituous liquors.
II. And be it further enacted by the authority aforesaid, That from and After 1st March, 1840, after the first day of March next, there shall be raised, levied, collected gallon imposed on stilis and paid, yearly, and every year, unto Her Majesty, Her Heirs and Suc
cessors, to and for the use of this Province, and towards the support of the Civil Government thereof, of and from all persons having and using a Still, or Stills, or hereafter to have and use a Still or Stills, for the purpose of distilling Spirituous Liqnors for sale, a sum not exceeding One Shilling and Six Pence, of lawful money of this Province, for every Gallon which such Still, or Stills, or other vessels more particularly described in a subsequent clause of this Act, shall or may be capable of containing.
Licenses to be applied for to the District lospertor;
At what time;
III. And be it. further enacted by the authority aforesaid, That every person or persons desirous of obtaining a License under this, or any former Act now in force, for keeping a Still or Stills, shall and is, and are hereby directed and required to apply for the same, in manner hereinafter prescribed, to the District Inspector within the period of one month from the first day of March in the present year, and the sixth day of Janu, ary, in each and every succeeding year; and further, that all persons not having taken out License for the now current year, before the passing of this Act, shall be required to take out the same, according to the provisions and regulations contained in this Act; or in default thereof shall be proceeded against as directed by this or any former Acts on this subject, not heretofore or hereby repealed.
Persons not having taken a licenso during the current year, required to do so.
. IV. And be it further enacted by the authority aforesaid, That from and
Requisition to be after the passing of this Act, every person requiring a License to work or furnished by persons use a Still or Stills, shall furnish a requisition according to the following form to the District Inspector, containing the entire capacity of the said Still or Stills, and the exact location of the same.
in the in the
Still, Faint Stillwash for runn
"I, A. B. do hereby require a License for a Distillery, situate on Lot for No. in the Concession (or as the case may be) of the Township of , in the
District; and I hereby declare that the entire capacity of every Beer Still, Faint Still, Double or other Vessel containing or intended to contain the Beer or Wash for running the low wines, or in any way acting as a Still in the said Distillery, without any deduction on account of allowance for steam, or any other cause whatever is - Gallons; and that no other vessel than is mentioned in this requisition is insed, or intended to be used as a Still, or in any way to answer the purpose of a Still in the said Distillery. As witness my hand this day of — one thousand eight hundred and a Signed, A. B. owner and proprietor of the said Distillery. To C. D. Inspector of the District.
enter any Distillery to
between sunrise and
V. And be it further enacted by the authority aforesaid, That from and District Inspector may after the passing of this Act, the District Inspector, and any person or search nad ova persons acting under him or by his directions, shall and may at any time sunete; between sunrise and sunset enter into any Distillery, Still House or other place where a Still is kept, or supposed to be kept, whether the same be Licensed or Unlicensed, and to make all and every necessary search or searches therein or in any part thereof, and to admeasure or gauge such Still or Stills, and to make all and every necessary inquiry and examina- ascertaining the tion upon or about any such premises, either for the purpose of ascer-red taining the correctness of the requisition sent in to the District Inspector, or of ascertaining whether any Still or Stills might or might not be in used without license. operation in or upon such premises without having the required License.
For the purpose of
correctness of the requisition ;
Or whether stills are
Penalty for refusing or
search by District
VI. And be it further enacted by the authority aforesaid, That from and after the passing of this Act, any person or persons refusing to permit hindering entry and the District Inspector, or those acting under hin, from entering into any lospector ; Distillery, Still House or other place containing a Still or Stills between sunrise and sunset as aforesaid, or of obstructing, preventing or hindering the said District Inspector, or any of those acting under him in his or their lawful search or entry as aforesaid, shall forfeit and pay not exceeding the surn of Ten Pounds, to be recovered in a summary manner before How recovered