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Plaintiff not to L. And be it enacted, That from and after the passing of this Act, in have costs in
all cases in which the Jury before whom any action of ejectment shall such cases from the time defend- be tried in Upper-Canada, shall assess the damages for the defendant aut otters to give
as provided in the next preceding section, for improvements made upon up the lands on receiving the va
land not his own, in consequence of unskilful survey, and when it shall be lue of his im satisfactorily made to appear that the defendant does not contest the provements, stating the amount.
plaintiff's action for any other purpose than to obtain the value of the Unless the Jury improvements made upon the land previous to the alteration and estashall assess the
blishing of the lines according to law, it shall and may be lawful for improvements at less than the the Judge before whom such action shall be tried, to certify such fact sum demanded.
upon the record, and thereupon the defendant shall be entitled to the Proviso; that no proof of Plain costs of the defence, in the same manner as if the plaintiff had been tiff's Lessor's non-suited on the trial, or a verdict rendered for the defendant; provided title be required.
the defendant shall, at the time of entering into the consent rule, have given notice in writing to the lessor or lessors of the plaintiff in such ejectment, or to his Attorney named on the Writ or declaration of the amount claimed for such improvements, on payment of which amount the defendant or person in possession will surrender the possession to such lessor or lessors, and that the said defendant does not intend at the trial to contest the title of the lessor or lessors of the plaintiff; and if such notice shall on the trial be found not to have been given as aforesaid, or if the Jury shall assess for the defendant a less amount than that claimed in the notice, or shall find that the defendant has refused to surrender possession of the land claimed, after tender shall have been madle of the amount claimed, then in any of such cases the Judge shall not certify, and the defendant shall not be entitled to the costs of the defence, but shall pay costs to the plaintiff; any thing herein contained to the contrary notwithstanding; Provided always, that upon the trial of any such cause no evidence shall be required to be produced in proof of the title of the lessor or lessors of the plaintiff.
THE IMPERIAL DUTY.
(VIDE ACT 13 & 14 VIC., CAP. 65, PAGES 185 to 188.)
EXTRACT FROM A CIRCULAR FROM THE INSPECTOR GENERAL'S
DEPARTMENT TO REVENUE INSPECTORS,
Dated 17th February, 1851. Imperial Act, 14. “ Some doubts appearing to be entertained by the Revenue InGeo. III. cap. 88. spectors and others as to what amount in Currency is to be taken by
them for the duty of 36s. sterling, on each Tavern License imposed by the Imperial Act 14, Geo. 3, cap. 88.
I am directed to refer you to the 3rd clause of the Provincial Act, 3 & 4 Vic., cap. 93, regulating the Currency of this Province, by which it is provided that nothing in this Act shall affect the meaning to be “affixed to the words “ Sterling,” “Sterling Money of Great Britain," or “other words of like import in any law in force in this Province, or any 6 part thereof, when this Act shall come into force, or in any contract or “agreement then made therein, but any such law, contract, or agreement « shall be construed according to the intention of the Legislature, or of “the parties who made the same, &c.”
As at the time the Provincial Act above cited came into operation, Imperial Duty', the Act of the Imperial Parliament 3 Geo. 4, was in force in this
40s. Currency.' Province, and 36s. sterling was then equivalent to 40s. currency, therefore this latter sum is the amount of duty to be exacted by you on each Tavern License, as imposed by the Imperial Act abovementioned; over and above which you are also to receive payment of such amount of additional duty as may be imposed by any Municipality, within the County or Counties in which you act.