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one or more Justice or Justices of the Peace, or to be imprisoned in default of payment for a period not exceeding the space of three months, as is niore particularly set forth and directed by the fourth Section of an Act passed in the forty-fourth year of the reign of King George the Third, entitled, “ An Act to explain and amend an Act passed in the forty-third year of His Majesty's reign, entitled, 'An Act for the better securing to His Majesty, His Heirs and Successors, the due collection and receipt of certain duties therein-mentioned," which said Act is and remains in full force and virtue, save and except where its provisions are altered or repealed by this Act.
So much of 2d section
as prevents any part of
VII. And be it further enacted by the authority aforesaid, That so much 6th William A, chap: 4r of the second Section of an Act passed in the sixth year of the reign of the penalty being paid to His late Majesty King William the Fourth, entitled, “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, entitled, “An Act to amend an Act for regulating the manner of Licensing Public Houses, and for the more easy conviction of persons selling Spirituous Liquors without License, and for other purposes therein-mentioned,” as provides that no part of the Fines levied under the authority of this or any former Act shall be paid to any Informer, any provision in any former Statute of this Province to the contrary notwithstanding, be and the same is hereby repealed.
How the duty of Is. 6d. per gallon on wooden
VIII. And be it further enacted by the authority aforesaid, T'hat the Duty Stills is to be calculated. of One Shilling and Sixpence per Gallon shall be calculated on the entire
capacity of every Beer Still, Faint Still, Double or other Vessel of any kind or description whatever, in which the Beer or Wash is heated or prepared, or which may in any wise act or be used as attached to or connected with by Pipes, or otherwise assistant or auxiliary to the Vessel ordinarily denominated the Beer Still, and every Vessel of any kind or description whatever or known by any name whatever into which the Beer or Wash is put, or into which steam is put or forced, or any Vessel by the use of which the process of Distillation is carried on with greater facility or productiveness than would be effected by the use of one Beer Still only; and further that no allowance be made in calculating the said Duty for the practice or working of the steam, or for any other cause or reason whatever; and that every Tub or other Vessel placed on the top or in any way attached to any Still or Vessel containing Beer or Wash, serving for the purpose of a cap or receiver of steam, shall be liable according to its capacity to the payment of the Duty above-mentioned.
District Inspectors may measure or guage Stills to ascertain correctness
IX. And be it further enacted by the authority aforesaid, That from and Dis after the passing of this Act, the District Inspector, and those acting under ma him, shall and may measure and gauge any Still or Stills in his jurisdic- of investigation. tion, as he or they may deem most convenient or advisable, for the purpose of testing the accuracy of the requisition furnished by the owner thereof, whether the same be specified to have been measured or gauged or nut, any thing herein, or in any other Act or Acts, contained to the contrary notwithstanding.
very Distillery to be
District rate or assessment of 58 ;
X. And be it further enacted by the authority aforesaid, That for the better enabling the Inspector of the District to ascertain the number of subject to an annual Distilleries in his District, there be put, placed, assessed, imposed, levied " and collected, in each and every Distillery in this Province, the yearly tax or rate of Five Shillings, to be levied and accounted for in like manner as the taxes now levied and imposed on rateable property in each as District; and that each Assessor do and is hereby required and empowered to return in his Assessment Roll or List in a separate column or division, the number of Distilleries or Stills, with the name of the owner or owners thereof within his Township, District or Division; and that the Clerk of make an annual abstracı the Peace in each District shall, and he is hereby required and empowered Distilleries, and to to make an Annual Abstract from the Assessment Rolls or Lists, of the Inspector. number of such Distilleries or Stills, which said Abstract or a copy thereof he is hereby directed to deliver, when thereto required, to the District Inspector.
Assessor to include every Distillery in his roll, with the name of the owner, &c.;
Clerk of the Peace to
of the number of
furnish same to District
XI. And be it further enacted by the authority aforesaid, That any per- Penalty for distilling son or persons who shall use or work a Wooden Still or Stills without without a proper having first obtained a License for the same, or who shall use any other or larger Wooden Still or Stills than may be specified in his, her or their requisition, or who shall have or use any Tub or Vessel as a Cap, or otherwise attached to any such Wooden Still or Stills for the purpose of receiving the steam, or who shall have or use any Wooden Still or Stills on which there shall be any false head or heads by which such Still may be separated into different divisions, or who shall use any Beer Still, Faint Still, Double or other Vessel in which the Beer or Wash may be heated or prepared, in which the low Wines are run, and who shall not state and specify the same in his, her or their requisition at the time of applying for and taking out such License as aforesaid, and shall be convicted thereof before any two or more of Her Majesty's Justices of the Peace in and for the District in which the offence may be committed, shall forfeit and pay a Fine or Penalty not exceeding Ten Pounds, to be levied by distress How to be and sale of the Goods and Chattels of the offender, and be incapacitated
from receiving a License to work any Still or Stills for the space of two years next following suchi conviction.
Power of District Inspector in guaging or measuring Stills.
XII. And be it further enacted by the authority aforesaid, That when and so often as the District Inspector, or those under him, may be desirous of gauging or measuring any Wooden Still or Vessel on which duty is chargeable, he or they may bore one or more holes in the same not exceeding two inches in diameter for the said purpose.
appear or refusing to give evidence on complaint made by District Inspector;
Penalty for weglecting to XIII. And be it further enacted by the authority aforesaid, That any
person or persons neglecting or refusing to appear before any Justice or Justices to give evidence, when summoned in any complaint made by tbe District Inspector, or those acting under him, for any breach or evasion of the Laws relating to the granting of Licenses, shall for every such offence (upon proof of the service of a Summons to appear, and on the absence of reasonable excuse being offered for such non-attendance) forfeit and pay a sum not exceeding Twenty Pounds, to be recovered by distress and sale of the Goods and Chattels of the party offending, and to be paid into the hands of the Local Officers now entitled to receive the Fines and
Penalties imposed by the Laws for the punishment of Petry Trespasses, Lmprisonment in default and in default of such distress, to be committed to the Common Gaol of
the District for a period not exceeding six months.
How to be recovered ;
One moiety of penalties to the Receiver General for public uses.
XIV. And be it further enacted by the authority aforesaid, That all moneys collected, and the moiety of all penalties imposed by virtue of this or any other Act of this Province on the same subject, shall be paid into the hands of Her Majesty's Receiver-General for the general uses of this Province.
Inspector's per centage regulated.
XV. And be it further enacted by the authority aforesaid, That every Inspector shall be authorised to retain Twelve Pounds and Ten Shillings out of every Hundred Pounds of Duties he shall collect, until such Duties shall amount to the sum of One Thousand Pounds, and the sum of Five Pounds out of every Hundred Pounds of Duties he shall collect over and above the said surn of One Thousand Pounds.
Limitation of per centage to £300 per annum.
XVI. And be it further enacted by the authority aforesaid, That no Inspector shall be authorised to retain a sum exceeding Three Hundred Pounds, either as per centage or otherwise, on the amount of Duties by bim collected in each year, any thing in this or any other Act of this Province contained to the contrary notwithstanding,
As to per centago, this Act to take effect from 1st January, 1840.
XVII. And be it further enacted by the authority aforesaid, Thạt in a respect of such Inspectors as shall or may collect Duties to the amount As for take efect from of One Thousand Pounds and upwards annually, this Act shall be taken to be and is hereby declared to be in force from the first day of January last.
AN ACT for further regulating the manner of granting Licenses to
Inn-keepers, and to the Keepers of Ale and Beer: Houses, within this
[ Passed 10th February, 1840.]
W HEREAS the several Acts now in force in this Province for granting Licenses to Inn-keepers, and also providing for Licensing Houses for the Preamble. Sale of Beer, Ale and Cider, and other Liquors not Spirituous, require amendments: Be it therefore enacted by the Queen'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 the first clause of an Act passed in the fourth year of the reign of His late Majesty King chap. 18, partially George the Fourth, entitled, “ An Act to repeal part of, continue and amend, the Laws now in force imposing a Duty on Licenses to Innkeepers within this Province," so far as relates to the adjournment of the General Quarter Sessions to the last Monday in December, be and the same is hereby repealed.
Ist section 4th Geo. 4,
II. And be it further enacted by the authority aforesaid, That the fifth su clause of an Act passed in the thirty-fourth year of the reign of King chap. 12, and ; George the Third, entitled, “An Act for regulating the manner of Licensing Public Houses, and for the more easy convicting of persons selling Spirituous Liquors without License,” and the first, second, third and 1st, 24, 3d, and 8th sections eighth clauses of an Act passed in the fourth year of the reign of His late repeated. Majesty King George the Fourth, entitled, "An Act to restrain the selling
5th section 34 Geo. 3,
th Geo. 4th, chap. 15,
of Beer, Ale, Cider, and other Liquors not Spirituous, in certain Towns and Villages in this Province, and to regulate the manner of Licensing Ale Houses. within the same," be and the same is hereby repealed.
When applications from Innkeepers to be received by Justices.
III. And be it further enacteil by the authority aforesaid, That the Magistrates in General Quarter Sessions assembled, in each and every District of this Province, at their Meeting next preceding the twentieth of December, shall have power and authority to adjourn the General Sessions to the twentieth day of December in each and every year, or if the same shall be on a Sunday, then to the Monday following, for the purposes of receiving applications and granting Certificates to Innkeepers, and for other purposes relating thereto, and they shall have power to adjourn the Court from day to day, until such applications shall have been gone through with.
Restrictions on reconsidering applications
IV. And be it further enacted by the authority aforesaid, That whenever which have been refused. any application for a License shall have been taken up at such Session,
and the Justices or the majority then present, shall refuse to grant a Certificate, it shall not be lawful at any subsequent Session in that year to re-consider such application, unless a greater number of Justices shall be present than were on the Bench when the same was refused.
Persons obtaining their
their license before 5th January;
V. And be it further enacted by the authority aforesaid, That whenever certificate must take out any person applying for a License to keep an Inn, shall have obtained a
Certificate according to the provisions of this Act, it shall be obligatory upon such person, and he or she is hereby required to take out such
License on or before the fifth day of January in each and every year; Penalty on neglect.
and in case such person shall neglect to take out such License on or before that day, then the said Certificate shall be null and void, and it shall not be lawful for the Inspector to issue a License upon such Certificate.
Quarter Sessions may allow transfer of license;
If person licensed die op VI. And be it further enacted by the authority aforesaid, That in case
any Licensed person shall die before the expiration of his License, or if he or she shall remove from such Licensed House, it shall and may be lawful for the Justices in General Quarter Sessions, to allow such person or his or her Executors, Administrators or Assigns, to transfer such License
to any other person to continue open such House, under and by virtue of Transferree to produce such License until the expiration thereof: Provided such person shall
produce a Certificate, signed in the manner herein-before mentioned, and shall enter personally into such Recognizance, with such Sureties as is directed by the before-recited Act of thirty-fourth George the Third ;
And enter into recognizance;