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Shop licenses not
licenses may be
Act to be acted upon before the said day) until the said first day of
II. Provided always, and be it enacted, That neither the repeal of sh the said Acts nor any thing in this Act contained, shall be construed to be affected by to repeal or affect any duty or suin payable on licenses to vend wine, brandy and spirituous liquors by retail, to be granted or issued in Upper Canada to shopkeepers or others not keeping Inns or places of public entertainment, or any provision for preventing the vending or imposing any penalty for the vending of the same by such persons, or in any Steamboat or Vessel, without a license, or for the recovery and distribution of any such penalty.
IJI. And be it enacted, That a license to keep an Inn or house of Present tavern public entertainment, may be issued at any time after the passing of continued until this Act, and without any certificate, to any person then holding a February, 1851. license for a like purpose, which license to be so issued shall authorize such person to keep such Inn or House at the same place, from the expiration of the period to which such former license extended, until the last day of February next (inclusive) but not afterwards; and for any license to be issued under this section, the person receiving the same shall pay a sum bearing the same proportion to the sum paid by him for such former license, as the time for which such new license is to be granted shall bear to the time for which such former license was granted.
IV. And be it enacted, That the Municipality of each Township or Municipal Cornoincorporated Village, the Town Council of each incorporated Town, Tauins to make and the Common Council of each City in Upper Canada, shall have tain purposes..
relative to tavpower and authority at any time after the passing of this Act, to make erns. By-laws,-For limiting the number of Inns or houses of Public entertainment in such Township, Village, Town or City for which licenses to retail spirituous liquors to be drunk therein shall be issued, to be in force after the last day of February, one thousand eight hundred and fifty-one, (or for prohibiting the issuing of any such licenses, for any house in their respective Municipalities,) and for fixing the terms and conditions which shall be previously complied with by any person de siring such license, the description of house and accommodation he
Proviso as to
Inspectors of houses of public
shall have and constantly keep and maintain, and the security he shall give for observing all the By-laws of the Municipality, and the sun
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.
V. And be it enacted, That at the Annual Election of Councillors in entertainment to the several Townships, Incorporated Villages and Towns and Cities in
Upper Canada, there shall be elected by the same electors in each
be subject in the same manner as other Municipal Officers, to any To be subject to
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. Duties of such 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 purpose the said Inspector shall, after such previous visits and examinations as they may think proper, meet at such time in each year 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 quali*fied 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
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 number of his
Proviso: if the 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.
Further duties of
VII. And be it enacted, That the said Inspector shall perform similar duties with regard to Inns, Ale and Beer Houses, Victualling inspectors. 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-ed to issue licenta pointing 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
Act 13 & 14 Vict. to amend the Jaws rel tre to
An Act to explain and amend the Act of the last Session, intituled, An
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
Queen's Most Excellent Majesty, &c., That it was and is the intention of meaning of the the Act first above cited, that the seventh and eighth sections of the
Act of the Parliament of Upper Canada, passed in the sixth year of the Overa licemiss Reign of His late Majesty King William the Fourth, chaptered four, and in the wh 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, und 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, C., in aeriain 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,
Tarerns 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 under the provisions of the said seventh section of the Act of the Parliament of 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 sball apply to any case in which any final Judgment or Order shall
As to the inten
first above cited
powers of Town
An to whom t belong.
party is desirous
his hous, or of
Inspectors to c'dorse permission 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 wher,in a to keep a House of Public Entertainment shall have been granted, shall of furnishing res desire 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 ühere
from. said 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 such Township, Incorporated Village, or Town, or City, or a majority of de such Inspectors, in their discretion (but subject always to any By-law 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, &c. 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 terros and conditions; and any Bond or Security which such
Bond or Security 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 bis 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 Preambło. Acts, imposing Duties in Upper Canada, on Licenses to sell Spirituous