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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 ihe Government of the Province of Quebec, in North America, and to make

further provision for the Government of the said Province," and by the ToGeo.i. chap.io. authority of the same, That the third and fifth clauses of the said recited

Act, passed in the eleventh year of the reign of His late Majesty King
George the Fourth, be and the same are hereby repealed.

repealed,

Amount of duties on
Licenses to keep Inns;

· II. And be it further enacted by the authority aforesaid, That in granting the Certificate required by law, it shall and may be lawful for the Justices to direct the Inspectors of the several Districts to receive from the person taking out any License for keeping a Public House or Inn, such sum as they or the majority of them assembled, as by law. provided, shall adjudge

just and proper, according to the situation of such Inn; Provided always Sam to be regulated by that no greater or less sum shall be imposed or required than is authorised

by the fourth Section of the said recited Act, passed in the eleventh year of the reign of His said Majesty King George the Fourth.

4th section 11th Geo. i chap. 9.

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III. And be it further enacted by the authority aforesaid, That the first, fifth, sixth and seventh clauses of the said above-recited Act, passed in in the fifty-ninth year of the reign of His Majesty King George the Third,

be and the same are hereby continued and made perpetual.

Monies accruing from

and fines for not taking

IV. Anıl be it further enacted by the authority aforesaid, That all moneys

arising from the granting of Licenses to Innkeepers, and all Fines and Inn-keepors' Licences Penalties levied and collected upon and from persons keeping a House ile same, appropriated to or place of Public Entertainment for retailing Wine, Brandy, Rum, or

any other Spirituous Liquors without a License, shall be appropriated and applied to the general uses of this Province, and the support of the Civil Government thereof,

publir tises.

V. And whereas it is expedient to ainend and make perinanent, with the exception of so much of the same as provided that no part of any penalty shall be given to any Informer, an Act passed in the sixth year of His late Majesty's reign, entitled, “An Act to repeal and amend certain parts of an Act passed in the thirty-sixth year of the reign of King George

the Third, entitled, “An Act to amend an Act for regulating the manner with one of Licensing Public Houses, and for the more easy conviction of persons

selling Spirituous Liquors without a License, and for other purposes therein-mentioned': Be it therefore further enacted by the authority aforesaid, That the said Act passed in the sixth year of His late Majesty's

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exception as to informers.'

reign, shall be and the same is hereby continued and made perpetual, with the exception of so much of the same as provides that no part of any penalty shall be given to any Informer.

CHAP. XXII.

AN ACT to make perpetual an Act passed in the sixth year of the reign

of His late Mujesty King William the Fourth, entitled, An Act to repeal and amend certain parts of an Act passed in the thirty-sixth year of the reign of King George the Third, entitled, An Act to amend an Act for regulating the manner of Licensing Public Houses, and for the more easy conviction of persons selling Spirituous Liquors without License,and also for regulating the Duty to be levied upon Licenses to Shopkeepers,

[Passed 101h February, 1840.]

W HEREAS the Duty imposed by the fifth Section of an Act passed pream
in the sixth year of the reign of His late Majesty King William the Fourth,
entitled, “ An Act to repeal and amend certain parts of an Act passed in
the thirty-sixth year of the reign of King George the Third, entitled,
*An Act to amend an Act for regulating the manner of Licensing Public
Houses, and for the more easy conviction of persons selling Spirituous
Liquors without License, and for other purposes therein-mentioned,”
ought to be made perpetual: 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 Pro-
vince of Quebec, in North America, and to make further provision for
the Government of the said Province," and by the authority of the same,

6th Wm IV. chap. 4, made That the said Act passed in the sixth year of the reign of His late Majesty, perpetual. be and the same is hereby made perpetual.

Licenses to sell Liquors

II. And be it further enacted by the authority aforesaid, That notwith- £7 10s. duty imposed on standing any thing in the said recited Act contained, the Duty of Seven by retail, in Shops. Pounds Ten Shillings shall be levied and required upon all Licenses to

vend Wine, Brandy, and Spirituous Liquors by retail, granted or issued to Shopkeepers in this Province.

CHAP. XXIII.

AN ACT to revive and make perpetual an Act granting to Her Majesty

a Duty on Licenses to Auctioneers, and on Goods, Wares and Merchandize, sold by Auction.

[Passed 10th February, 1840.]

Prennblo.

W HEREAS an Act passed in the fifty-eighth year of the reign of His late Majety King George the Third, entitled, “An Act granting to His Majesty a Duty on Licenses to Auctioneers, and on Goods, Wares and Merchandize, sold by Auction," has expired: And whereas it is necessary to revive and continue the same : 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 made perpetual, excepting authority of the same, That the said Act, and every clause thereof, except

the first clause, be and the same is hereby declared to be re-enacted, revived, and made perpetual.

certain paitled. An Act

of Quebec, in mod Province,

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section 1.

Licenses to be taken out;

II. And be it further enacted by the authority aforesaid, That the License When Anctioncors... by the said Act required to be taken out by any person exercising the

calling or occupation of an Auctioneer, shall be taken out by such person on or before the first day of April in the present year, by such persons as shall then be exercising the said calling or occupation, and thenceforward at such time as the same may be applied for and required; and that all and every License shall continue in force until the sixth day of January, next ensuing the date thereof.

How long to continue in force.

CHAP.

CHAP. XXIV.

AN ACT to regulate the Inspection of Fish, and to prevent Non-residents

in this Province from Fishing within the Waters of the same.

[Passed 10th February, 1840.]

W HEREAS it is expedient that Inspectors of Fish should be appointed Preamble.
in this Province, and that the packing, salting, and Inspection of Fish should
be regulated by Law, and that Non-residents should not be permitted to
interfere in our Trade in the same: Be it therefore enacted by the Queen's
most Excellent Majesty, by and with the advice and consent of the Legis-
lative 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 Pro-
vince 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 appointed.
Governor or Lieutenant Governor of this Province to appoint in each
and every District of this Province, when the same may be required, one
or more Inspectors of Fish.

Inspectors of Fisk may be

Inspectors to take this

II. And be it further enacted by the authority aforesaid, That such Inspector or Inspectors shall, before entering upon the Duties of his or Oath ; their Office, take the following oath or affirmation :-"I do solemnly swear, or affirm (as the case may be, that I will faithfully, truly and impartially, according to the best of my judgment, skill and understanding, execute, do and perform the duty and Office of an Inspector of Fish, according to the true intent and meaning of the Act, entitled, “An Act to regulate the Inspection of Fish, and to prevent Non-residents in this Province from fishing within the Waters of the same;" (which oath any Justice of the Justice Peace in the District in which he or they shall be appointed to act may same; administer ;) and shall enter into Bonds with Her Majesty, with two suffi- Inspector to give security, cient Sureties, in the penal sumn of One Hundred Pounds, which Bond of the Peace. shall be approved of by the Clerk of the Peace for such District, and deposited with the Treasurer.

Justice may administer

to be approved by Clerk

III. And be it further enacted by the authority aforesaid, That each to Clerk of the Peace Inspector of Fish shall annually, in the month of January, make a return

foresaid, That each

Inspector to make return

to the Clerk of the Peace in the District in which he resides, of the quantity of Fish inspected by him during the year preceding the first day of January, and in such return he shall specify the quantity of each quality so inspected.

Duty of Inspector of
Fish;

IV. And be it further enacted by the authority aforesaid, That it shall be the duty of the Inspector or Inspectors so to be appointed, on application being made to any one of them for that purpose, to proceed to inspect all Fish by opening one of the heads of each Barrel or half Barrel, and if the same is found to contain sound and Merchantable Fish, with a sufficient quantity of Salt to preserve the same, he shall then brand the same, as hereinafter provided, on the head of such Barrel or half Barrel ; and if the Fish are found unsound or not Merchantable, the same shall be destroyed by the Inspector; and if the Barrel or half Barrel is not full, or not salted with a sufficient quantity of Salt, that in that case the said Inspector shall fill the same with sound or Merchantable Fish, or add

such quantity of Salt as he may deem requisite, as the case may be.ls and Each Barrel shall contain Two Hundred Pounds, and each half Barrel

One Hundred Pounds.

Contents of barrels and balf-barrels.

How barrels to be filled and branded.

V. And be it further enacted by the authority aforesaid, That each Barrel or half Barrel shall be filled with Fish of one and the same kind, and the Inspectors shall brand, in plain legible letters, on the head of each Barrel or half Barrel of Fish inspected by them respectively, No. 1, or No. 2, representing the quality of the Fish packed or repacked, and they shall also brand on the head of each Barrel or half Barrel the species of the Fish, the initials of the Christian name, and the whole of the Surname of the Inspector, the name of the District in which such Fish was inspected, and the words " Upper Canada.”

Penalty on mixing, &c.

or changing the brand;

VI. And be it further enacted by the authority aforesaid, That if any Fishbranded or iuspected, person shall intermix, take out, or shift any Fish of any Barrel or half

Barrel inspected and branded as by this Act required, or put into any Barrel or half Barrel inspected and branded any other Fish for sale or exportation, or alter the face of, or change the brand or mark of any Inspector, contrary to the true intent and meaning of this Act, the person or persons so offending shall, for every such offence, forfeit and pay the sum of Five Pounds, on conviction before any two of Her Majesty's Justices of the Peace, upon the oath of one or more credible Witness or Witnesses ; such Fine or Penalty, if not paid in three days after conviction, may be made and levied of the Goods and Chattels of the person or persons so convicted in manner aforesaid, as hereinafter provided.

llow recovered, and levied.

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