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those specified in his Licence or Requisition, or shall have in his possession any Still or Stills erected or sot up over a furnace or Gre place, so as the same may be useil for Distilling, capable of containing singly or together a greater number of gallons in the body or bodies thereof, than the number of gallons specified and set forth in his Licence or Requisition, and be thereof lawsully convicted by confession, or on the oath of one credible witness before any of His Majesty's Justices of the Peace, he shall forfeit and pay for every such offence the sum of ten pounds lawful money as aforesaid, to be levied by distress and sale of the offender's goods and chattles, one half of which said sum of ten pounds, shall be given to the person or persons informing, and the other half paid into the hands of His Majesty's Receiver General, to and for the Public Uses of this Province, and that the Still or Stills so employed shall be forfeited to His Majesty, and that the party having used the same shall be incapable of obtaining a Licence for the purpose of distilling Spirituous Liquors for sale, for and during the term of three years.
Lieences to be issued by the Secretary.
Form of requisition for such licences.
IV. And be it further enacted by the duthority aforesaid. That the Secretary of the Province for the time being, shall and may by himself and Agents for that purpose to be duly appointed in each and every District of this Province, issue all Licences for the purpose above mentioned, upon such Requisition as aforesaid, which may be in the following form:
“1, A. B. do require a Licence for using a Still, the body of which is " capable of containing gallons and no more, (and in case more than " one Still is intended to be used) and also for another Still, the body of 66 which is capable of containing gallons and no more, for the year " ensuing the fifth day of April next, as witness my hand A. B. this 1 day of
« To the Secretary of the Province of Upper Canada; or his Agent for " the District.
Such requisitions to V. And be it further enacted, That every such Requisition, signed by the be fled, and copies party as aforesaid, shall be carefully filed and preserved by the said Secretary, thereof granted when required.
or his respective Agent duly appointed, (which appointment shall by the said Secretary be publicly notified in the Upper Canada Gazette) and the said Secretary and each of his said Agents, shall, upon application to any of them for that purpose made, grant to every person desiring the sume, a true copy of any such Requisition filed in his office, on payment of one shilling by the party applying for the same, which copy shall be signed by the said Secretary or his Agent, and shall be held and taken as lawful evidence of such Requisition or Licence; for all purposes whatever.
Time of applying for cences.
VI. And be it further enacted by the authority aforesaid, That all persons desirous of obtaining such Licence as aforesaid, shall make such application as herein before is set forth, so that they may be supplied with the same, on or before the fifth day of September next ensuing, and to the end that the public may be informed where to apply for such purpose, the Secretary of Province shall, and is hereby required to give notice in the Upper Canada u zette, or otherwise, at least six weeks next before the said fifth day of September, and hereafter yearly and every year at least one month before the fifth day
Public notice to be given by the Secretary.
April, setting forth at what place and by whom such Licences arc to be issued in
J ' 1 * ' seven uiuuilis.
VII. And be it further enacted by the authority aforesaid, That all Licences to be granted for the purposes aforesaid, after the said fifth day of April next, J'J^J* erer-Psn5^ shall be dated on the sixth day of April in the year in which they are issued, and shall expire on the fifth day of April next ensuing the date thereof, and that it shall and may be lawful for the sold Secretary or his Agents to demand and receive from every person requiring such Licence, the sum of one shilling and three pence for every gallon which the body of the Still or Stills so Licenced shall be capable of containing, according to the specification in the said Licence contained. •
VI1L And be it further enacted by the authority aforesaid, That it shall and may be lawful for the mid Secretary and each of his Agents severally, to demand and take the sum of two shillings and six pence and no more, as his fee upon the issuing of every such Licence as aforesaid.
IX. And be it further enacted by the authority aforesaid, That it shall not stm* containing ie» be lawful for the said Secretary or any of his Agents, to grant a Licence for [J18", !0, gBjlon(* "JJJJj} the working of any Still, unless the body thereol be capable of containing anmufo'rMie-0
at least ten gallons wine measure, and if any person shall use a Still for the
X. And in order to prevent fraud in the matters aforesaid, Be it enacted by
the authority c/brcsottr, That it shall and may be lawful for any of His Majesty's Scircb warrant to Be Justices of the Peace, upon oath first to be made by any credible person, sra"ted on affidavit, thai such person has good reason to believe that the Still or Stills employed by any licenced person, does or do contain a greater number of gallons in the body or bodies thereof, than what is specified in his Requisition of Licence, to grant a search warrant to a peace officer; taking with him the party making oath as aforesaid, and any one other person for the purpose of examining the Still-house or other place, where any Still or Stills may be set tip, and of measuring or guaging the bodies thereof; Provided always, That no such warrant be executed before sun-rise or after sun-set.
XI. And be it further enacted by the authority aforesaid, That it shall not DijiiiiersnottorstHii, ke lawful for any person working any licenced Still or Stills as aforesaid, to
nar to Lie Licenced to ,. . * 1 . - °, ,< ... . , . , . , .'
retail. sell or barter any quantity of such distilled Liquor less than three gallons,
nor sha.ll it be lawful for the Secretary of the Province or any of At* Agents, to grant a Licence for the purpose of distilling Spirituous Liquors to any person or persons, licenced at the same liine to retail Spirituous Liquors, or to grant a Licence for retailing Spirituous Liquors, to any person or persons licenced at the same time to distil Spirituous Liquors.
XII. And be it further enacted by the authority aforesaid, That all monies "which shall be received by the Secretary of the Prtvivce or his Agents, under and by virtue of this Act, for Licences, to commence on the fifth day of September next, shall be paid by the said Secretary into the hands of the Receiver General of this Province, on or before the twentieth day of May and that all monies hereafter to be received by virtue of this Act, for Licences, to commence on the sixth day of April, shall be paid in to the said Receiver General, on or before the twenty-first day of June next ensuing, and that all monies that may be received by virtue of this Act after the said twenty-first day of June in each and every year successively, be paid in to the Receiver General, on or before the fifth day of April next en
Payment of tlifi monies 'into the hands of the Receiver General.
Poundage of the Receiver General.
XIII. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the Receiver General, as Treasurer of this Province, to deduct from and out of th^e several sums of money to him paid by the Secretary of the Province, under and by virtue of this Act, the sum of three pounds, for every hundred pounds by him received as aforesaid.
XIV. And be it further enacted by the authority aforesaid, That all the Fines, Forfeitures' and Penalties that shall be incurred under this Act, shall be accounted for to Hia Majesty, through the Commissioners of His Majesty's Treasury for the time being, in such manner and form as His Majesty shall direct.
C H A P. XII.
An Act for regulating the mnnner of LICENCING PUBLIC HOUSES, and for the more easy convictitig of Persons selling SPIRITUOUS LIQUORS without LICENCE.
[9th My, 1794.]
WHEREAS the provisions contained in a certain Ordinance of the late Province of Quebec, passed in the twenty-eighth year of His Maseciiat of an Ord.- jesty'3 Rc'gns intituled, "An Act or Ordinance for the better security of the > ance pissed us Geo. revenue arising on the retail of Wine, Brandy, Hum, or Spirituous Liquors, *;| have been found inconvenient; and whereas it is expedient to make other
and rao:e easy Regulation respecting the granting Licences to Houses of
Public Entertainment; Be it 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, constituied and assembled by virtue of, and under the authority of an Act passed in the Parliament of Great Britain, intituled, “ An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, intituled, ' An Act for making more effectual provision for the Governinent 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 Act or Ordinance shall be and the same is hereby repealed.
The same repealed.
II. And be it further enacted by the authority aforesaid, That from and after Certificates to be obthe twentieth day of March next, no Licence shall be granted to any person til
on tained by persons, pre
vious to their being Li. to keep an Inn or Public House for the purpose of vending Wines, Brandy, cenced. Rum, or other Spirituous Liquors, unless he shall first have obtained a Certificate of his being a proper person to keep an Inn or Public House from the Magistrates of the Division wherein he resides or is about to reside, to be granted to him as herein after specified; and all Licences which shall be hereafter granted to the contrary hereof, shall be null and void.
III. And be it further enacted by the authority aforesaid, That for the said purpose it shall and may be lawful for the Magistrates acting in each and The number of inns
may be limited by the every Division of the several Districts of this Province, to limit the number Magistrates. of Inns and Public Houses in their several Divisions, and to appoint a day of Public Meeting in each Division in either of the two last weeks in the month of March (a) in every year, at a convenient place within their several Divisions, (a) See 45th Geo. IIA
. cl. s 3. by a warrant under their hands and seals, or under the hands and seals of Meeting of Magistrates,. any two of them, at least ten days before such Meeting, directed to the annually in March,
in order to determine High Constable or other peace oficer, requiring him to give notice in the upda applications for most public manner of such intended Meeting, and then and there to hear Licences. and receive applications from all such persons as desire to take out Licences for opening Ions or Public Houses within their said several Divisions, and the said Magistrates shall, upon hearing and receiving any application, from any person praying to have a Lice.ce granted to him, inquire into the life, character and behaviour of the person so applying, and if it shall appear to the greater part of the Justices then and there assembled, that it is expedient to increase the number of Inns or Public Houses, and that the party applying is a sober, honest and diligent man, and a good subject of our Lord the King, they shall then and there grant a Certificate accordingly
A certificate from the under the hands and seals of any two of them, which Certificate shall en- Magistrates so assem
bied, shall serve as a able the party holding the same, to apply for and take out a Licence on or warrant to obtain a Libefore the said fifth day of April then next ensuing the date of the said Cer- cence.. tisicate, and such Certificate shall be a proper and sufficient warrant for the Secretary of the Province or his Agent, to grant to the said person holding the said Certificate, such Licence on receiving payment of such Duties as aro...
of such Duties as an On payment of dus already imposed, or hereafter may be imposed by Law on the same.
IV. And be it further enacted by the authority aforesaid, That no Certif- Restrictions in grantcate, to obtain such Licence, shall be granted to any person not licencer ing Licences to persones
not Licenced of the the year preceding, unless such person shall produce to the Justices at the preceding year.
said Meeting, should they require it, a testimonial under the hands of the Parson and church or town wardens, or nf four reputable and substantial householders and inhabitants of the said Division, wherein the said Inn or Public House is intended to be kept; setting forth, that such person is of good fame, sober life and conversation, and that he has taken the Oath of Allegiance to our Sovereign Lord the King.
V. Provided nevertheless, That if any Licenced person shall die or remove from the Inn or Public House kept by him, it shall and may be lawful for the person succeeding to the occupancy of such home, to l:eep on the said Inn or Public House, dining the residue of the term of such Licence, on condition that such person shall obtain an assignment endorsed on the back of the Licence granted to the person so deceased or removed; which assignment shall be executed in the presence of a Magistrate, and shall within thirty days after the death or removal of such person obtain a testimonial as aforesaid, in order to its being produced at the next Division Meeting; and if such assignment be not executed as aforesaid, and such testimonial obtained and signed within the said thirty days, then and in such case immediately from and after the expiration thereof, such Licence shall be null and void; and no Licence so assigned shall entitle any person to keep an Inn or Public House in any other Division than that in which it was originally kept by virtue of the said Licence, such Licence being with regard to all other places, and the same is hereby declared to bo, null and void.
VI. And be it further enacted, by the authority aforesaid, That every person obtaining such Certificate as aforesaid, shall at the same time enter into such Recognizance as by a certain Act of the Legislature of this Province, intituled," An Act to establish a further fund for the payment of the Salariea of the officers of the Legislative Council and House of Assembly, and for defraying the contingent expences thereof," is directed, and that the clerk of every "Division Meeting or other person employed to draw out such Recognizance shall at the execution thereof, demand and take from the person acknowledging the same, over and above the fee by law directed be taken for such Recognizance, the further sum of one shilling, to be paid to the Clerk of the Peace for filing the same, and the clerk of every Division Meeting, or other person drawing the said Recognizance, shall and is hereby required to deliver or transmit the same to the Clerk of the Peace of the District, in order that the same may be filed, and that the Clerk of the Peace in each and every District shall file all Recognizances that they mayhave taken, and shall be transmitted of delivered to them in manner aforesaid, to be kept among the Records of the District; and the Clerks of the Peace within their several Districts shall keep a Register of all the Recognizances that may have been transmitted or delivered to them, and shall deliver or cause to be delivered to the Juslices of the Peace in their Quarter Sessions assembled, next ensuing the fifth day of April yearly, a list of the names of the persons whose Recognizances shall respectively have been filed, and any Justice of the Peace in any District wherein such Licence shall be granted, upon complaint or information that such licenced person hath done or committed any act, offence or misdemeanor, whereby in the judgment of the said Justice, such Recognizance may be forfeited, or