SESSIONAL PAPER No. 30

and ninety-three, and being anxious to establish that generous intercourse which should always subsist between Members of the same Empire, do most earnestly request your Excellency, that for the mutual convenience and benefit of his Majesty's Subjects within the Provinces of Upper Canada and Lower Canada, and in order to promote and confirm a good correspondence between them, it may be enacted, and 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, 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, intituled, 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 it shall and may be lawful for the Governor, Lieutenant Governor or person administering his Majesty's Government in this Province from time to time by Letters Patent under the Great Seal of the Province to commission, authorize and empower three able and discreet persons, to treat, consult and agree with an equal number of persons to be duly authorized for that purpose, by a power to be granted by an act of the Legislature of His Majesty's Province of Lower Canada, of and concerning the establishing such Regulations as may regard the collection of duties or Payment of drawbacks to be imposed or allowed on goods passing from one Province into the other by the Legislature of each Province respectively and of and concerning any proportion to be received and paid of any equal duties already imposed or hereafter to be imposed by the said Legislatures respectively, on any article or commodity passing from one Province into the other, and of and concerning any regulations, provisions, matters and things which may regard the Commerce, manufactures or produce of the said Province.

II. Provided always and be it enacted and declared that no regulation, provision, matter or thing so proposed, treated, consulted or agreed shall have any other force or effect, or be carried further into execution until the same shall have been confirmed by the Legislature of this Province.

III. And be it further enacted that this Act shall continue in force until the first day of August, which will be in the year of our Lord one thousand seven hundred and ninety-five and no longer.

CAP. X.

AN ACT to establish a Fund for Paying the Salaries of the Officers of the Legisla tive Council and Assembly, and for defraying the Contingent Expences thereof.

WHEREAS it is necessary to establish a Fund for defraying the Salaries of the different Officers of the Legislative Council and Assembly, together with the Contingent Expences thereof; We your Majesty's most dutiful and loyal Subjects, the Representatives of the people of the Province of Upper Canada in Assembly met, do most humbly beseech your Majesty, that it may be enacted, and 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, constituted 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 Government of the Province of Quebec in North America, and to make further provision for the Government of the said Province," that from and after the passing of this act there shall be raised, levied, collected and paid unto his Majesty, his Heirs and Successors, over and above all other Duties by any act of

12 GEORGE V, A. 1922

Parliament of Great Britain now payable in this Province, upon the respective Wines herein after mentioned, which shall be imported or brought into any part of this Province, the several Rates and Duties following, that is to say:

For every Gallon (wine measure) of Wine of the growth or produce of the Island of Madeira, which shall or may be legally imported from any port, place or country whatsoever, Four Pence.

For every Gallon (wine measure) of other Wine of the growth or produce of any other country whatever, which shall or may be legally imported from any port, place or country whatsoever, Two Pence.

II. And it is hereby further enacted by the authority aforesaid, that the said Rates and Duties imposed by this Act, shall be deemed and are hereby declared to be Current Money of this Province, payable at and after the rate of five shillings the Spanish Dollar, or in other Silver or Gold coin as nominally proportioned thereunto by the Laws of this Province enacted, or to be enacted, and the same duties shall be levied, collected, paid and recovered in the same manner and form, in the said Courts, and by such Rules ways and means, and under such penalties and forfeitures, as any other duties payable to his Majesty upon any Goods imported into this Colony or Province under any Act or Acts of Parliament of Great Britain hitherto enacted, and as fully and effectually as if the several clauses of the said Act or Acts of Parliament were herein particularly repeated and enacted, and all the monies that shall arise by such duties, may be received by the Collector of His Majesty's Customs of the Province of Lower Canada, and shall be paid by him into the hands of his Majesty's Receiver General of Upper Canada, as Treasurer of this Province for the time being; according to such arrangements as shall be made and agreed upon under and by virtue of the powers and Provisions granted by a certain Act, entitled, "An Act to authorize the Lieutenant Governor to nominate and appoint certain Commissioners for the purposes herein mentioned."

III. And it is hereby further enacted by the same authority, that all such monies as shall be paid as aforesaid, to the Receiver General as Treasurer of this Province, shall be by him paid and applied for the purposes before set forth in this Act and in discharge of such Warrant or Warrants as shall for that purpose be from time to time issued by his Excellency the Governor or Lieutenant Governor or person administering the Government of this Province for the time being, and not otherwise and the duties aforesaid together with all fines, forfeitures, penalties and confiscations that shall be incurred under this act, shall be accounted for to his Majesty's through the Commissioners of His Majesty's Treasury for the time being in such manner and form as his Majesty shall direct.

IV. And be it further enacted by the authority aforesaid, that this Act shall remain and be in force for the space of two years from and after the passing thereof and no longer.

CAP. XI.

AN ACT to encourage the destroying of Wolves and Bears in different parts of this Province.

WHEREAS the Inhabitants in many parts of this Province have suffered and continue to suffer great injury and damage from Wolves and Bears Be it enacted by the Kings Most Excellent Majesty by and with the advice and consent of the Legisative 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, intitled an Act to repeal certain parts of an act passed in the Fourteenth Year of his Majesty's Reign, intitled an Act for making more effectual provisions for the Government of the Province of Quebec in North America, and to

SESSIONAL PAPER No. 30

make further provision for the Government of the said Province, and by the authority of the same. that from and after the passing of this Act, all and every person or persons, who shall kill or cause to be killed any Wolf or Wolves, Bear or Bears, and who shall after the death thereof. take or cause to be taken the head or heads of such Wolf or Wolves, Bear or Bears, before any one of his Majesty's Justices of the Peace acting within the division where such Town, Township or Parish where the said Wolf or Wolves, Bear or Bears, shall have been killed shall be, and make Oath before the said Justice. that the said Wolf or Wolves. Bear or Bears. was or were killed within the said Town, Township or parish, or within five miles of any inhabitted place next adjoining the said Town, Township or place, which Oath the said. Justice is hereby authorized and empowered to administer, the said Justice having first destroyed the said head or heads, shall give to such person or persons a certificate of the fact or facts, having proved to his satisfaction and such Certificate being presented to the Treasurer of the District, shall authorize the person or persons obtaining and presenting the same, to ask for demand and receive of and from the said Treasurer the sum of Twenty Shillings for every head of every Wolf so taken and presented, and for every head of every Bear so taken and presented as aforesaid the sum of Ten Shillings. Provided always, that nothing herein contained shall extend or be construed to extend the said reward to any Indian or Indians, who shall kill or cause to be killed, any Wolf or Bear, Wolves or Bears as aforesaid. II. Provided always, and be it hereby enacted by the authority aforesaid, that this Act, shall not extend nor be construed to extend to the Western District of this Province, nor have any force or operation whatsoever therein.

AN ACT to provide for the appointment of Returning Officers for the several Counties within this Province.

WHEREAS the powers at present subsisting for the Appointment of persons to execute the office of Returning Officer in each of the Districts, Counties or Circles and Towns or Townships in this Province, are limited to a certain period which will soon expire, and whereas it is necessary to make further provision for the Appointment of such Officers: Be it therefore enacted by the Kings 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, intitled "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 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 it shall and may be lawful for the Governor, Lieutenant Governor or person administering the Government for the time being, from time to time to nominate and appoint by an instrument under his hand and seal at arms, a proper person to execute the office of Returning Officer, for every County or Riding, Division or Town within the Province.

II. Provided always, and it is hereby enacted, that no person shall be obliged to execute the office of Returning Officer for any longer time than one Year, unless he shall be disposed to continue to execute the same, by and with the consent and approbation of the said Governor, Lieutenant Governor or person administering the Government for the time being.

III. Provided also, and be it hereby enacted by the authority aforesaid, that this Act shall continue in force for and during the space of seven years, and no longer.

CAP. XIII.

12 GEORGE V, A. 1922

AN ACT to establish a further Fund for the Payment of the Salaries of the Officers of the Legislative Council and House of Assembly, and defraying the Con tingent Expences thereof.

WHEREAS by a certain Act of the Parliament of Great Britain, passed in the Fourteenth Year of His Majesty's Reign intituled, an Act for establishing a Fund towards further defraying the Charges of the Administration of Justice and support of the Civil Government, within the Province of Quebec in North America, it was therein amongst other things enacted, "That from and after the fifth day of April one thousand seven hundred and seventy five, there should be raised, collected and paid into His Majesty's Receiver General of the Province, for the use of His Majesty, his Heirs and Successors, a Duty of One Pound Sixteen Shillings, Sterling Money of Great Britain, for every Licence that should be granted by the Governor, Lieutenant Governor or Commander in Chief of the said Province, to any person or persons for keeping a House or other place of public Entertainment, or for Retailing Wine, Brandy, Rum, or other Spirituous Liquors, within the said Province." And whereas it is necessary that the said Revenue shoud be increased for the purposes of Paying the Salaries of the Officers of the Legislative Council and House of Assembly, and for defraying the Contingent Expences thereof:

We your Majesty's most dutiful and loyal Subjects, the Representatives of the People of the Province of Upper Canada in Assembly met, do most humbly beseech your Majesty, that it may be enacted, and be it enacted by the Kings 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, intituled, “an Act to repeal certain parts of an Act, passed in the Fourteenth Year of His Majesty's Reign, intitled 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," that in addition to the said Sum of One Pound Sixteen Shillings Sterling as aforesaid, which shall still be and continue to be levied, collected and paid, as it hitherto has been levied, collected and paid by virtue of the Act aforesaid, there shall be raised and levied, collected and paid, under the same restrictions and penalties in the said Act contained, unto his Majesty's Receiver General to and for the use of his Majesty, his Heirs and Successors, and to and for the use of this Province, and towards the support of the Civil Government thereof the further Sum of Twenty Shillings Currency, upon every Licence that shall be granted by virtue of this Act in manner following, that is to say, that from and after the Fifth day of April, which will be in the year of our Lord One thousand seven hundred and ninety four, it shall and may be lawful for the Governor, Lieutenant Governor or Person administering the Government, by or through the Secretary of the Province, or other person empowered to issue Licences for the vending of Wine, Brandy, Rum, or other Spirituous Liquors, to ask for, demand and receive over and above the sum of One Pound Sixteen shillings Sterling as aforesaid, the further Sum of Twenty Shillings Currency, for every Licence that shall or may be granted to any person for keeping a House or any other place of public Entertainment, or for the retailing of Wine, Brandy, Rum, or other Spirituous Liquors within this Province.

II. And be it further enacted by the authority aforesaid, that in every District throughout the said Province, one Month at least before the fifth day of April in every year, being the day whereon the said Sums of One Pound Sixteen shillings sterling, and Twenty Shillings Currency, shall be due and payable as aforesaid, the Secretary of the Province or other person empowered to issue the said Licence, shall and is hereby required to give public notice in the Upper Canada Gazette, or otherwise to every person selling Wine, Brandy, Rum, or other Spirituous Liquors as afore

SESSIONAL PAPER No. 30

said, to pay the said sum of One Pound Sixteen Shillings sterling and Twenty Shillings Currency, and to receive or take out a Licence for the same, and by such Public Notice to warn every person who shall neglect, omit or refuse to take out a Licence and still continue to retail any Wine, Brandy, Rum, or other Spirituous Liquors in less quantities at any one time than three Gallons, of the pains and penalties that they are thereby likely to incur and hereafter to be inflicted by this Act.

III. And be it further enacted by the authority aforesaid, that every person who shall keep a House or other place of Public Entertainment for retailing Wine, Brandy, Rum, or other Spirituous Liquors, shall cause to be written, painted or printed over the door of such House of Entertainment, in legible Characters the following words, "Licensed to sell Wine and other Spirituous Liquors," and every person neglecting to have the aforesaid words, written, painted or printed as aforesaid and continuing to keep such a House of Entertainment, shall for every such offence forfeit and pay the sum of Five Shillings Currency, to be recovered before any one of his Majesty's Justices of the Peace, upon the Oath of one credible witness; one half of which said sum shall be given to the person informing, and the other half paid into his Majesty's Receiver General, to and for the use of his Majesty, his Heirs and Successors, and to and for the use of this Province, and towards the support of the Civil Government thereof.

IV. And whereas by a certain Ordinance, passed into the Twenty Eighth Year of his present Majesty's Reign, it was declared and enacted, that every person taking out a Licence for the purpose of retailing Wine, Brandy, Rum, or other Spirituous Liquors, should be obliged to enter into a bond with sufficient sureties to keep an orderly and decent House; Be it therefore enacted by the authority aforesaid, that every person taking out a Licence by virtue of this Act, shall upon receiving such Licence from the Secretary of the Province or his Agent or other person for that purpose appointed, enter into a bond in the penal sum of Ten Pounds, to His Majesty, his Heirs and Successors, well and truly, to keep a decent and orderly House during the continuance of said License to him granted as aforesaid.

V. And be it further enacted by the authority aforesaid, that the Secretary of the Province or his Agent or other person appointed to grant such Licence, shall receive from each person to whom a Licence may be granted over and above the duty herein before specified, the further sum of two Shillings and six pence for his trouble in making out and issuing the same, and no more, and the Clerk of the Peace or other person who shall draw out such bond as aforesaid shall receive and take the sum of two Shillings and six pence for his trouble therein and no more, any thing contained in any Ordinance of the Province of Quebec to the contrary notwithstanding.

VI. And be it further enacted by the authority aforesaid, that the additional duty imposed by this Act shall not extend nor be construed to extend to any person not keeping a House of public Entertainment for a longer space of time than two years next after the fifth day of April which will be in the year of our Lord One thousand seven hundred and ninety-four, but that at and after the expiration of the said term of two years, no person other than such as shall keep a House of public Entertainment, shall be obliged to pay for any Licence to him granted a greater sum than One pound Sixteen Shillings sterling as imposed by the above recited Act.

VII. And be it further enacted by the authority aforesaid, that the said Receiver General do pay and apply the monies by him received under and by virtue of this Act, in the manner and for the purposes as set forth in a certain Act, intitled "an Act to establish a fund for paying the salaries of the Officers of the Legislative Council and House of Assembly, and for defraying the Contingent Expences thereof, and that it shall and may be lawful, for the Receiver General of the Province to deduct from and out of the several sums of Money by him received the sum of Three Pounds for every hundred pounds that may be raised, levied, collected and paid by virtue of this act.