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Proviso as to
Inspectors of houses of public entertainment to be elected.
shall have and constantly keep and maintain, and the security he shall give for observing all the By-laws of the Municipality, and the sum
which he shall pay for such license over and above the duty imposed And beer houses, by the Act aforesaid of the Parliament of Great Britain ;-For regu
lating all such inns and houses of public entertainment, and for imposing for any contravention of such By-laws any penalty or punishment which they may lawfully impose for any contravention of other Bylaws;—For similar purposes with respect to ale or beer houses, and other houses for the reception and entertainment of the public, where fermented or other manufactured liquors are sold to be drunk therein;
Provided always, that nothing herein contained shall be construed to penalties under relieve any person keeping a house of public entertainment and retail
ing wine and spirituous liquors therein, without a license, from the penalty imposed for such offence by tho Act of the Parliament of Great Britain aforesaid, which penalty shall always be recoverable on the oath of one credible witness other than the informer, in any
Court having jurisdiction to the amount in Civil matters. of V. And be it enacted, That at the Annual Election of Councillors in is the several Townships, Incorporated Villages and Towns and Cities in Upper Canada, there shall be elected by the same electors in each Township, not divided into Wards, or Incorporated Village, three Inspectors of Houses of public entertainment,—and in each Ward of any Township divided into Wards or of any such Town or City, one such Inspector of Houses of public entertainment; and such Inspectors shall be subject in the same manner as other Municipal Officers, to any By-law to be made by the Council of the Municipality touching their duties or remuneration,—the security they shall give, and other like matters; and vacancies in the office of Inspector shall be filled in like manner as vacancies in the office of Councillor.
VI. And be it enacted, That it shall be the duty of such Inspectors to see that the By-laws of the Municipality are complied with as regards the persons to whom Licenses to keep Houses of Public Entertainment
and to retail spirituous liquors therein are to be issued; and for this Meetings.
purpose the said Inspector shall, after such previous visits and examinations as they may think proper, meet at such time in each rear before the first day of March, and at such place as they shall think meet, or at such time and place before the said day as the Council of the Municipality shall have appointed by By-law, for the purpose of determining what persons have under the By-laws in that behalf qualified themselves to obtain such Licenses, and to give certificates to such persons, which shall state the sum payable by such persons respectively, for such Licenses, under the By-laws of the Municipality; and upon
To be subject to by-laws.
Duties of such inspectors.
the production of such certificate and payment of the said sum and of the duty imposed by the said Act of the Parliament of Great Britain, to the proper Revenue Inspector, he shall issue Licenses to such per- Licenses. sons respectively for the purposes aforesaid, which Licenses shall be in force from the date thereof until the last day of February in the then next year, and no such License shall be issued in favour of any person unless he shall produce such certificate as aforesaid; Provided always, that if the number of persons who shall have complied with the re- censes be limited. quirements of the By-laws made in that behalf, shall be greater than the number of persons to whom Licenses may be issued, under such By-laws, the Inspector shall determine, (subject to any By-laws passed for their guidance in this behalf) to which of such persons Licenses may be granted with the most advantage to the public.
Proviso: if the number of li
Further duties of
VII. And be it enacted, That the said Inspector shall perform similar duties wiil regard to Inns, Ale and Beer Houses, Victualling insptors. houses, Ordinaries, and Eating-houses, and other establishments of a like nature, which by the By-laws of the Municipality shall require licenses: And such duties shall be performed in such manner as shall be di
How to be perrected by such By-laws, and such licenses shall be issued at such times, formed. for such periods and by such officer as shall be directed by such Bylaws: And any provision of law vesting in any other functionary any acuments repower hereby vested in the Inspectors aforesaid, or otherwise inconsistent with this Act, is hereby repealed.
VIII. And be it enacted, That any majority of the said Inspectors may exercise all the powers of the Inspectors, and the said Inspectors speciors may act. shall have full power to adjourn any meeting from day to day or to any future day: and if on any question the Inspectors shall be equally divided, the Mayor or Town Reeve, or in his absence the functionary performing his duties, shall vote thereon and decide the same, unless and until other provision be made for this purpose (as it may be) by the By-laws of the Municipal Corporation of the place.
Majority of In
may be appoint
IX. Provided always, and be it enacted, That nothing herein con- Municipal officers tained shall be construed to prevent the Governor in Council from ap- et to issue licenpointing any Municipal Officer or other person to issue licenses for keeping houses of public entertainment and retailing spirituous liquors therein, in any Municipality, if he shall think proper to appoint such officer or person to perform that duty instead of the Revenue Inspector.
ACT 14 & 15 VIC., CAP. 120.
True intent and meaning of the Act 13 & 14 Vict.
in U. C., respect
An Act to explain and amend the Act of the last Session, intituled, Ar
Act to amend the Laws relating to Tavern Licenses in Upper
Canada. Whereas doubts havo arisen as to the true intent and meaning of the Act passed in the Session held in the thirteenth and fourteenth years of Her Majesty's Reign, intituled, An Act to amend the Laws relative to Tavern Licenses in Upper Canada, which doubts it is
expedient to remove; Be it therefore declared and enacted by the tene and Queen's Most Excellent Majesty, &c., That it was and is the intention of
ce the Act first above cited, that the seventh and eighth sections of the lo amend the Act of the Parliament of Upper Canada, passed in the sixth year of the Tavern Licenses Reign of His late Majesty King William the Fourth, chaptered four, and ing the ath and intituled, 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, intituled,' 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 a License,' and for other purposes therein mentioned, should be and they are and have been by the Act first above cited, continued in force in Upper Canada, to all intents and purposes whatsoever.
II. And be it declared and enacted, That it was and is the intention tion of the act of the Act first above cited, that the Municipality of each Township or respecting the Incorporated Village, the Town Council of each Incorporated Town, Ship Municipal and the Common Council of each City in Upper Canada, should have,
and that they have and have had respectively, from the time of the passing of the said Act, power and authority to make By-laws for preventing the selling of wines or spirituous liquors, or the keeping of Inns,
Taverns or Houses of Public Entertainment by persons not thereunto Penalties may be duly licensed, and to impose for any contravention of such By-laws any
penalty or punishment which they may lawfully impose for any contravention of other By-laws, and that all penalties incurred under or by virtue of the Act first above cited, or of any By-law made under the authority thereof, shall and may be prosecuted and recovered underthe
provisions of the said seventh section of the Act of the Parliament of m to Upper Canada hereinbefore cited, and all such penalties shall belong
one half to the Municipality in which the offence shall have been committed, and the other half to the prosecutor, unless he be examined as a witness to prove the offence, in which case the whole shall belong to the said Municipality: Provided always, that nothing herein contained shall apply to any case in which any final Judgment or Order shall
As to the inten
first above cited
powers of Town
ities, &c., in U. C., in certain cases.
And to whom to belong.
party is desirous
his house, or of
Inspectors to endorse perinission on License.
have been made or conviction had by or before any competent Tribunal, but with regard to such case, the Provincial Acts hereinbefore cited shall be construed and have effect as if this Act had not been passed.
III. And be it enacted, That whenever any party to whom a license Case wherein a to keep a House of Public Entertainment shall have been granted, shall of furnishing redesire to furnish such refreshments as by law he is permitted to do any place out of in the house for which he has obtained a license, at any place out of his removing theresaid house, but within the limits to which such license extends, or to remove from the house for which the same shall have been granted, into another house in the same Township, Incorporated Village, or Town, or City, and to keep a House of Public Entertainment therein, it shall be lawful for the Inspectors of Houses of Public Entertainment for Ing such Township, Incorporated Village, or Town, or City, or a majority of do such Inspectors, in their discretion (but subject always to any By-lay Subject to which may have been made in that behalf by the Municipal Authority of the locality,) to endorse on such license a permission to the party to whom it was granted to furnish such refreshments as aforesaid, or to keep a House of Public Entertainment in the house to which he shall so wish to remove, and such permission shall give such right, and the Right conferred license shall thereafter apply to the House described in such endorse, thereby, dec. ment, and shall authorize the party to whom such license was granted, to furnish such refreshments or to keep a House of Public Entertainment in the House mentioned in such endorsement during the unexpired portion of the term for which such license was granted, and upon the Upon what consame terms and conditions; and any Bond or Security which such party may have given for the due observance of the Laws and By-laws how to apply. concerning Houses of Public Entertainment, and the Keepers thereof, or for any purpose relative to such license, shall apply as fully to the house to which he shall be so authorized to remove, and to his conduct and doirgs therein, as without such endorsement it would have applied to the house for which the license was originally granted, and to his conduct or doings therein.
ACT 16 VIC., CAP. 184.
An Act to repeal certain Duties of Excise, so far as regards Upper
Canada, and to vest certain powers in the Municipal Authorities
of that part of the Province. Whereas it is expedient to repeal all Provincial Acts and parts of Preamble. Acts, imposing Duties in Upper Canada, on Licenses to sell Spirituous
Liquors in any quantity or in any place, or to keep Houses of Puvlic Entertainment, or on Licenses to Hawkers and Pallars, or on keepers of Billiard Tables, or on Auctioneers, or on the sale of goods by Auction, and generally all Duties commonly called Excise Duties, except only those imposed on Distillers and the Spirituous Liquors distilled by them, and all enactments providing for the collection of such duties, and to vest certain powers with regard to the matters aforesaid in the Municipal authorities of Upper Canada: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intitulel, ein Act to re-unite the Frovinces of Upper and Lower Canada, and for the Government
of Canada, and it is hereby enacted by the authority of the same, Act and parts of That the Act of the Legislature of Upper Canada, passed in the fiftrAcis repealel. s
sixth year of the Reign of King George the Third, and intituled, U. C. 50 G. 3, c. "An Act for granting to Ilis Majesty Duties on Licenses to Haw kers, 14.
Pedlars and Petty Chapmen, and other trading persons therein
mentioned;" and the Act of the said Legislature, passed in the fiftyU. C. 58 G. 3, c.5. eighth year of the same Reign, and intituled, An Act to continue and,
repeal part of, and amend an Act passed in the fifty-sixth year of His Majesty's Reign, intituled, “ An Act for granting to Ilis Viajesty Duties on Licenses to Hawkers, Pedlars and Petty Chapmen, and other trading persons therein mentioned, and to extend the provisions
of the same;' And the Act of the said Legislature passed in ninth U.C.9 G. 4, c. 8. year of the Reign of King George the Fourth, and intituled, An Act
to continue an Act, intiluled, “ An Act to continue for a limited time, an Act passed in the fifty-eighth year of Ilis late Majesty's Reign, intituled, • An Act to continue, repeal part of, and amend an ict passed in the fifty-sixth year of His Majesty's Roign, intituled, “_in Act for granting to His Majesty Duties on Licenses to Hawkers, Pedlars and Petty Chapmen, and other trading persons therein mentioned, and to extend the provisions of the same;' ” and the Act
of the said Legislature, passed in the second year of Her Majesty's V. COV.99 Reign, and intituled, An Act to continue and make permanent an
Act passed in the third year of the Reign of King William the
the fiftieth year of the Reign of King George the Third, and intituled, U. C. 50 G. 3, c.6. An Act for granting to His Majesty a duty upon Billiard Tables.
and the eighth and ninth Sections of the said Legislature, passed in the U.C.3 V. c. I. third year of Her Majesty's Reign, and intituled, In Act to regulate