granting licences to Innkeepers. to adjourn the General Quarter Sessions to the fifth day of Janua- for the purposes of ry in each and every year, or if the same shall be on a Sunday, then to the Monday following, for the purpose of receiving applica tions and granting approvals to Innkeepers, and for other purposes specified in the said Act. II. And be it further Enacted by the authority aforesaid, That the said first-recited Act, except such parts thereof as are hereby repealed, shall continue and be in force for four years, and from thence to the end of the then next ensuing Session of Parliament, Continuance of 59th Geo. III. ch. 2d. CHAP. XIX. AN ACT to Continue and Amend an Act passed in the fifty-eighth year of His Late Majesty's Reign, entitled, “An Act to Continue the Laws now in force for granting an additional Duty on ShopLicences," and to require Persons selling Spirituous Liquors by Whole Sale to take out a Licence for that purpose. [PASSED JAN. 19th, 1824.] MOST GRACIOUS SOVEREIGN, WHEREAS an Act passed in the fifty-eighth year of His Late Majesty's Reign, entitled, "An Act to Continue the Laws now in force for granting an Additional Duty on Shop Licences," will shortly expire; and whereas it it is expedient to continue and a mend the said Act, PREAMBLE. After 1st June, 1824, and 5th January in BE IT THEREFORE ENACTED, by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper-Canada, constituted and assembled by virtue of, and under the authority of an Act passed in the Parliament of Great Britain, entitled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Late Majesty's Reign, entitled, 'An Act for making more effectual Provision for the Government of the Province of Quebec, in North America, and to make further Provision for the Government of the said Province;'" and by the authority of the same; That the said recited Act shall continue and be in force for and during the continuance of this Act. II. And be it further Enacted by the authority aforesaid, That every other year, eve. from and after the first day of June next, and from and after the ry shopkeeper, &c. selling spirituous li quors, by wholesale, and not having taken out a licence to retail, shall take out a licence and pay £5, for the same, Wholesale licences to be issued the same as the retail. Wholesale persons selling without licence after 1st June, liable to fifth day of January in each and every ensuing year, there shall be taken out a Licence by every Merchant, Shopkeeper, Trader, or Dealer, who may sell or vend any Wines, Brandy, or other spirituous liquors by whole-sale, that is to say, Three Gallons, or upwards, and who has not taken out any Licence to sell, vend, and retail, Wines, Brandy, or other spirituous liquors; for which Licence there shall be paid at the time such Licence shall be taken out, the sum of Five Pounds. III. And be it further Enacted by the authority aforesaid, That the Licences to whole-sale dealers, as aforesaid, shall be issued in the like manner as Licences are by law directed to be issued to retail dealers in wines, brandy, and other spirituous liquors. IV. And be it further Enacted by the authority aforesaid, That the same penalties as any person or persons who shall sell or vend any wines, brandy, or other spirituous liquors by whole-sale, after the first day of June persons selling by re tail. next, without having first obtained a Licence so to do, as herein before enacted, shall be subject to the like penalties as by law are imposed on any person or persons selling wines, brandy, or other spirituous liquors by retail, without a Licence authorising such person or persons so to do; which penalties shall be levied, collected, and appropriated in the same manner as other penalties are by the visions of this Law ordered to be levied, collected, and appropriated. Such penalties how levied and accounted for. pro same, shall not sel in more than one shop, V. And whereas doubts have been entertained whether, under the existing Laws, any individual taking out a Shop Licence can, under the authority of such a Licence, sell spirituous liquors, by retail, in more than one shop within the District, Be it therefore Persons taking out further Enacted and declared by the authority aforesaid, That no Shop Licence to be hereafter taken out shall be considered to authorise the person taking out the same to retail spirituous liquors in more than one shop or place, any thing in any former Law to the contrary thereof notwithstanding; and that in every application for a Shop Licence, after the passing of this Act, the premises tend, shall be particu or shop to which such Licence is meant to extend, shall be particularly specified, and the same shall also be inserted in the Licence to be issued thereupon. VI. And be it further Enacted by the authority aforesaid, That if it shall appear, upon any prosecution for selling liquor by retail, without Licence, that the shop which shall have been mentioned in any Licence shall have been removed, and the business wholly transferred to any other place within the District, such shop being the same in respect of which the complaint shall have been instituted, shall and may be considered as Licenced, notwithstanding the provision herein-before contained. The shop to which such licence shall ex. larly described there. ia. The provisions of VII. And be it further Enacted by the authority aforesaid, That this Act not to extend 2 H from grain raised on their own farms. selling liquor distilled nothing in this Act contained shall extend, or be construed to extend, to prohibit any person or persons from exposing to sale, and vending by whole-sale, such liquors as they obtain from the distil lation of grain raised upon their own farms, or to prohibit any person who shall have taken out, or who may hereafter take out, a Licence for the distillation of spirituous liquors, from selling such liquors by whole-sale in his distillery, only as he shall have distilled without taking out the licence required by this Act. Or Distilleries. Money raised under this Act to be paid to the Receiver General. for. How VIII. And be it further Enacted by the authority aforesaid, That the money to be raised and collected under this Act shall be paid unto His Majesty's Receiver General of this Province for the timebeing, to and for the use of His Majesty, His Heirs and Successors, accounted and to and for the uses of this Province, to be accounted for to His Majesty, His Heirs and Successors, through the Lords Commissioners of His Majesty's Treasury for the time being, in such manner and form as His Majesty, His Heirs and Successors, shall di Continuance of this Act. reet. IX. And be it further Enacted by the authority aforesaid, That this Act shall be and continue in force for and during the term of four years, and from thence to the end of the then next ensuing Session of Parliament, and no longer. PREAMBLE. CHAP. XX. AN ACT to Alter the Times of holding the Terms of Hilary and [PASSED JAN. 19th, 1824.] WHEREAS it is expedient to enact as is herein-after enacted,— BE IT THEREFORE ENACTED, by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper-Canada, constituted and assembled by virtue of, and under the authority of an Act passed in the Parliament of Great Britain, entitled, "An Act to Repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, entitled, 'An Act for making more effectual Provision for the Government of the Province of Quebec, in North America, and to make further Provision for the Government of the said Province,'" and by the authority of the same:-That from and after the end of the next ensuing term of Hilary,-HilaTerm shall begin on the first Monday in the month of January, day in Jan. and end on the Saturday of the week ensuing; and that Michaelmas Term shall begin on the first Monday after the twenty-fifth Oct. day of October, and end on Saturday of the week ensuing. ry 11. And be it further Enacted by the authority aforesaid, That so much of the second clause of a certain Act of the Parliament of this Province, passed in the second year of His Present Majesty's Reign, entitled, "An Act to Repeal part of, and Amend the Laws now in force respecting the practice of His Majesty's Court of King's Bench in this Province," as relates to the beginning and duration of the said Terms of Hilary and Michaelmas, be, and the same is hereby Repealed. Hilary Term to commence first mon Michaelmas Term first monday after 25th 2d. Clause 2d. Geo. 4th Chap. 1st. as re Hilary & lates to Michaelmas Terms re pealed. CHAP. |
