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ACT 13 & 14 VIC., CAP. 68.

anninn An Act to provide Funds for defraying the cost of the erection of the Lunatic Asylum and other Public Buildings in Upper Canuda.

[Passed 10th August, 1850.] W HEREAS it is expedient to make better provision for paying off Preamble.

W the principal and interest of the Debentures issued for the purpose of raising funds for defraying the expense of erecting the Lunatic Asylum in Upper Canada, under the provisions of the Act hereinafter mentioned, and for raising a fund for defraying the cost of erecting other public buildings in that portion of this Province of general importance to the inhabitants thereof : 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 intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That so much of the Act Rate imposed by

Act of U.C. of the Parliament of Upper Canada, passed in the second year of Her Actor Majesty's Reign, and intituled, An Act to authorize the erection of an 2 Vic. c. 11, Asylum within this Province, for the reception of Insane and Lunatic Per- repealed. sons, as authorizes the imposing of an assessment of one-eighth of a penny in the pound for the purposes of the said Act, shall be and is hereby repealed; as are also all rates and assessments made under the authority of the said Act : except in so far as regards any arrears of Exception. such rates and assessments remaining due and unpaid when the said repeal shall take effect. II. And be it enacted, That instead of the rate mentioned in the said A new rate

imposed. Act, there shall be and there is hereby imposed upon all taxable property, real or personal, in Upper Canada, a yearly rate or tax of six pence in the hundred pounds (and so in proportion on any less sum) on the assessed actual value of such property, or of one penny in the pound on the assessed yearly value thereof, according as the same is assessed by its actual or yearly value, and such rate or tax shall be entered upon the Collector's Rolls, in a separate column, by the Clerk or Officer making out the same, and shall be received, collected and levied by the same Officers, at the same times and in the same manner as other local taxes, rates or assessments on the same property; and all moneys How to be colarising therefrom and received by any Collector shall be paid over by lected, paid over, him to the County Treasurer or City Chamberlain, at the same times and under the same provisions, and with the same remedy in case of non-payment as other moneys payable to him by such Collector, and all such money's received by any Treasurer or Chamberlain, shall by him be paid over (retaining five per cent., of which one half shall be Per centage

allowed. allowed by him to the Collectors respectively, on sums collected by them) to the Receiver General of the Province, for the purposes of this To he deemed Act, at such times and in such manner as the Governor shall from time me

moneys of the to time direct and require; and such moneys. shall, in the hands of such Treasurer or Chamberlain, be held to be moneys received by him for

&c.

crown.

duties due to Her Majesty, and such Treasurer or Chamberlain shall, in

default of paying over the same be liable accordingly. To what purpo- 111. And be it enacted, That the sums paid over to the Receiver Genses such rate shall be applied. eral under the next preceding section of this Act shall be applied

First-To the payment of the interest on all Debentures issued on Interest on debentures. account of the said Lunatic Asylum and now outstanding, and also of

the interest on any Debentures which may be issued under the authority of Parliament for the purpose of raising money to complete the said Asylum, or to defray the expense of procuring a site for or of erecting any other Public Building in Upper Canada, for any Institution of gen

eral importance to the inhabitants of that portion of the Province. Sinking fund. SecondlyTo the formation of a Sinking Fund of not less than one

thousand five hundred pounds per annum, towards paying off the prin

cipal of such Debentures as aforesaid. Other purposes. Thirdly-Towards the support of the said Lunatic Asylum and of any

other such Institution as aforesaid, in such manner as shall be directed by

Parliament. When the fore. IV. And be it enacted, That the foregoing provisions of this Act shall going provisions have force and effect upon, from and after the first day of January, one shall take effect.

thousand eight hundred and fifty-one, and not before. Appropriation V. And be it enacted, That out of any moneys arising from any rate out of moneys arising under 2

munder 2 or assessment imposed under the Act first above cited, there may be Vic. c. 11. paid and applied such sums as may be required to defray the expenses

of the said Lunatic Asylum for the present year one thousand eight hundred and fifty, in addition to the Parliamentary grant for that purpose.

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Preamble.

An Act to enable Collectors of Local Taxes in Upper Canada, for the several

years between one thousand eight hundred and thirty-six and one thousand eight hundred and forty-nine, (both inclusive,) to recover Tazes accrued in such yeurs respectively, and remaining due.

[Passed 10th August, 1850.] W HEREAS there are considerable amounts of Local Taxes, Rates

VV and Assessments accrued in Upper Canada, between the years one thousand eight hundred and thirty-six and one thousand eight hundred and forty-nine, both inclusive, still remaining due and unpaid; And whereas difficulties have arisen and doubts exist as 10 whether the several Collectors appointed for such years respectively, can now legally enforce payment of such arrears, and it is but fair and just that the parties assessed and in arrear should be required to pay the Taxes due by them: Be it therefore declared and 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 asssembled by virtue of and under the authority of an Act passed in the Parliament the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, a.id for the Government of Canada, and it is hereby

enacted by the authority of the same, That it shall and may be lawful Collectors in for any Collector or Collectors in office during the present or any future :

office may collect

arrears of former year in the Town, Township or place in and for which he or they may years. be such Collector or Collectors respectively, to demand, collect, levy, sue for, recover and receive, in the same way and by such means as any Collector or Collectors may then lawfully use for collecting, levying and recovering Local Taxes in Upper Canada, all such arrears of Taxes, Rates and Assessments as became due between the years one thousand eight hundred and thirty-six and one thousand eight hundred and forty-nine, (both years inclusive) and which now remain due and · unpaid.

II. And be it enacted, That no person shall be sued for recovery of Notice to the any such arrears until the same shall have been first demanded by the party in default, Collector or person specially appointed as aforesaid in the usual way, ceeding for en forand four days (exclusive o. the day of demand,) shall have elapsed cing payment,

&c. without payment being made; and the Collector shall be the plaintiff in the suit or proceeding, which proceeding shall be by and before a Judge of the Division Court, or two Justices of the Peace, by summons and distress warrant in the usual way, or before the Judge of the County Court, who shall have power respectively to examine the parties themselves, if they or he deem it necessary, and their witnesses on oath, and to receive in evidence all such matters as they or he see fit to receive, in order to enable them to arrive at a just and equitable decision in the matter; and they or he shall have power to award to either party such reasonable costs as they or he may think proper, and also to allow the defendant to set off any money, produce, work or other matter heretofore paid, or delivered to, or performed by him for the Collector suing, or to or for the Collector who acted at the time when he became in arrear, if it shall appear to the said Justices or Judge, at the hearing of the case, that any such payment, delivery or performance was intended to be in satisfaction, either wholly or in part, of the arrears claimed, and the said Justices or Judge, as the case may be, shall decide according to the legal or equitable merits of each case; any law or usage to the contrary thereof in any wise notwithstanding.

III. Provided always, and be it enacted, That such Collectors as Taxes so collecaforesaid, shall pay over the sums by them collected as aforesaid, to ted to be paid

over to the prothe Treasurer or other officer entitled to demand and receive the same, per treasurer: first deducting their lawful charges and allowances : and in default thereof, shall be subject to such penalties or legal proceedings as are provided by the laws of Upper Canada, with regard to Collectors failing to account for or pay over taxes due in the localities for which they are appointed.

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An Act to amend the laws relative to Tavern Licenses in Upper Canada.

[Passed 10th August, 1850.] W HEREAS it is expedient to vest in the Municipal authorities in Preamlle.

W Upper Canada the power of fixing the number of Taverns, Beer shops, and other houses and places of public entertainment, where wines and spirituous or fermented liquors are sold, or of prohibiting

such houses or places in the said Municipalities respectively, and of prescribing the conditions on which Licenses to keep the same shall be obtained and held, and the duży which shall be paid thereon over ånd above that imposed on persons keeping such houses and retailing Wines

and Spirituous Liquors therein, by the Act of the Parliament of Great Imp. Act, 14 G. Britain, passed in the fourteenth year of the Reign of King George the 3, c. 88, cited.

Third, and intituled, An Act to establish a Fund towards further defraying the charges of the Administration of Justice and the support of the Civil Government within the Province of Quebec in North America : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and 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 intituled, An Act Certain parts of Acts of U. C.; to re-unite the Provinces of Upper and Lower Canada, and for the Govern

ment of Canada, and it is hereby enacted by the authority of the same,

That so much of the Act of the Parliament of Upper Canada, passed in 59 G. 3, c. 2; the fifty-ninth year of the Reign of King George the Third, and intituled,

An Act to alter the laws now in force for granting Licenses to Inn-Keepers, and to give to the Justices of the Peace, in General Quarter Sessions assembled for their respective Districts, authority to regulate the duties hereafter to be paid on such Licences, -or of the Act of the said Parliament passed

in the sixth year of the Reign of his late Majesty King William the 6 W. 4, c. 4;

Fourth, 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 convicting of persons selling spirituous

liquor's without a License,' and for other purposes therein mentioned, -or of 3 Vic.c. 20;

the Act of the said Parliament passed in the third year of Her Majesty's Reign, and intituled, An Act for further regulating the manner of granting

Licenses to Inn-Keepers, and to the Keepers of Ale and Beer Houses within 3 Vic. c. 21; this Province, -or of the Act passed in the year last aforesaid, and

intituled, An Act to continue and make perpetual, parts of an Act passed in the fifty-ninth year of the Reign of His late Majesty King George the Third, intituled, * An Act to alter the Laws now in force for granting Licenses to Inn-Keepers, and to give to the Justices of the Peace in General Quarter Sessions assembled for their respective Districts, authority to

regulate the duties hereafter to be paid on such Licenses, and for other Repealed on the purposes therein mentioned, -or of any other Act or Law in force in passing of this

Upper Canada, as vests in any Justices of the Peace the power of granting certificates entitling the parties to whom they are granted to obtain Licenses to keep Inns or Houses of Public Entertainment, or of making rules and regulations for the conduct of such Inn-Keepers, or of repealing such rules and regulations, or of fixing the duty or sum which any person is required to pay for such License or before he can obtain the same, or of repealing or altering any duty or sum so fixed, or

as may be inconsistent with any provision of this Act which is to be And the re

acted upon before the first day of March next, shall be and is hereby mainder on the repealed from and after the passing of this Act; and the remaining first March, 1831.

provisions of the said Acts, and the rules and regulations made under them, and the duties or sums required to be paid under them for such Licenses as aforesaid, shall remain in force (in so far only as they may not be inconsistent with any provisions of this Act to be acted upon before the said day) until the said first day of March next, upon, from and after which day they shall be repealed, except the seventh and eighth sections of the Provincial Act thirdly above cited, which shall

remain in force: Provided always, that all Acts and parts of Acts Proviso.

repealed by the said Acts or any ofthem shall remain repealed, and that all penalties incurred before the said day for any contravention of any

Act;

taverns.

of ihe said Acts, may be sued for and recovered under the same as if they were not so repealed. II. Provided always, and be it enacted, That neither the repeal of the Shop licenses not

to be affected by said Acts nor any thing in this Act contained, shall be construed to

this Act. repeal or affect any duty or sum 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.

III. 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 lic

licenses may be.

continued until this Act, and without any certificate, to any person then holding a twenty-eighth license for a like purpose, which license to be so issued shall authorize February, 1851. 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 corincorporated Village, the Town Council of each incorporated Town, and porations to

make by-laws the Common Council of each City in Upper Canada, shall have power for certain purand authority at any time after the passing of this Act, to make By-laws, poses, relative to

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 desiring such license, the description of house and accommodation he 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 by the Act aforesaid of the Parliament of Great Britain ;-For regulating all such

And beer-houses, inns and houses of public entertainment, and for imposing for any &c. contravention of such By-laws any penalty or punishment which they may lawfully impose for any contravention of other By-laws;-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 Proviso as to always, that nothing herein contained shall be construed to relieve any penalties under

the said Imp. person keeping a house of public entertainment and retailing wine and spirituous liquors therein, without a license, from the penalty imposed for such offence by the 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 Inspectors of the several Townships, Incorporated Villages and Towns and Cities in houses of public

entertaininent to Upper Canada, there shall be elected by the same electors in each be elected. 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

Act.

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