Plaintiff not to have costs in such cases from the time defend ant offers to give up the lands on receiving the value of his improvements, stating the amount. Unless the Jury improvements at shall assess the less than the sum demanded. 'Proviso; that no proof of Plaintiff's Lessor's L. And be it enacted, That from and after the passing of this Act, in all cases in which the Jury before whom any action of ejectment shall be tried in Upper-Canada, shall assess the damages for the defendant as provided in the next preceding section, for improvements made upon land not his own, in consequence of unskilful survey, and when it shall be satisfactorily made to appear that the defendant does not contest the plaintiff's action for any other purpose than to obtain the value of the improvements made upon the land previous to the alteration and establishing of the lines according to law, it shall and may be lawful for the Judge before whom such action shall be tried, to certify such fact upon the record, and thereupon the defendant shall be entitled to the costs of the defence, in the same manner as if the plaintiff had been 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 made 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. TAVERN LICENSES. THE IMPERIAL DUTY. (VIDE ACT 13 & 14 VIC., CAP. 65, PAGES 185 to 188.) Imperial Act, 14 Geo. III. cap. 88. EXTRACT FROM A CIRCULAR FROM THE INSPECTOR GENERAL'S Dated 17th February, 1851. "Some doubts appearing to be entertained by the Revenue Inspectors 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 66 part thereof, when this Act shall come into force, or in any contract or 66 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, 40s. Currency. the Act of the Imperial Parliament 3 Geo. 4, was in force in this 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. PRINTED BY HUGH SCOBIE, KING STREET, TORONTO. |