CAP. V. An Act to grant additional aid to the Canadian Line of Steamers, and for the extension of the Line of Telegraph to Belle-Isle. [Assented to 23rd April, 1860.] HEREAS in order to enable the proprietors of the Ca- Preamble. nadian Line of Steamships to provide additional vessels of greater power and size, and of a better class, than those hitherto employed, and to perform more surely the services required of them in the maintenance of a Weekly Line of postal communication between this Province and the United Kingdom, it is expedient to authorize the application of a further sum as an aid to the said proprietors for the purposes aforesaid: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: and additional line of Steam ships. 1. The Governor in Council may agree with the proprietors A new conof the said Canadian Line of Steamships, that any contract now tract may be subsisting between them and the Provincial Government shall made with, be cancelled from the first day of May now last, and may autho- aid granted to rize the Postmaster General of this Province, in Her Majesty's the Canadian name, to enter into a new contract with the said proprietors, to commence from the said first day of May last, and to end on the first day of January, in the year one thousand eight hundred and sixty-seven, and by such contract to agree to pay to the said proprietors a sum not exceeding eight thousand dollars, for each voyage performed by their steamships between this Province, or the City of Portland, and the United Kingdom, and for the performance of such further services, and subject to such terms and conditions as the Governor in Council may direct; but no greater sum shall be paid to the said Proprietors for Proviso: as to services already performed, than the amount of postage upon past services. correspondence carried by the said Steamships, since the first day of May last, in addition to the subsidy provided for under the subsisting contract. line of Tele 2. And whereas it is expedient to grant Provincial aid Aid may be towards the continuation of the Line of Telegraph from Father granted for Point to the Straits of Belle-Isle : Therefore, the Governor in extending the Council may authorize the said Postmaster General to contract, graph to in Her Majesty's name, with the Montreal or any other Tele- Belle-Isle. graph Company or persons, for the continuation of the Line of Electro-Magnetic Telegraph from Father Point to the Straits of Belle-Isle, and for the performance of such further services, and subject to such terms and conditions as the Governor in Council may direct; and in consideration thereof, to agree to pay to the said Company such sum, not exceeding the rate of ten thousand dollars per annum, for such term not extending beyond 2* Payment of moneys required for the purposes of this Act. Preamble. Penalty on beyond the said first day of January, one thousand eight hundred and sixty-seven, as may be found expedient. 3. The sums payable under any contract, made under the authority of this Act, may be paid out of any unappropriated moneys forming part of the Consolidated Revenue Fund of this Province, and shall be accounted for to Her Majesty and Her Legislature in the manner by law provided; But no further sum shall be payable after the passing of this Act, under the Act Sixteenth Victoria, Chapter nine, or the Act twentieth Victoria, Chapter nine, relating respectively to the said Postal communication by Steam Vessels between this Province and the United Kingdom. CAP. VI. An Act to prevent the unlicensed sale of Intoxicating W [Assented to 23rd April, 1860.] HEREAS the duty of one pound sixteen shillings sterling, imposed by the Imperial Statute passed in the fourteenth year of the Reign of King George the Third, and chaptered eighty-eight, on Licenses to keep houses or places of public entertainment or for retailing wine or spirituous liquors,---and the penalty imposed by the said Act on persons keeping such houses or places of public entertainment or retailing wine or spirituous liquors, without license,---and the duty imposed by chapter twenty of the Consolidated Statutes of Canada, on such license to sell spirituous liquors to be drunk on the premises,---apply to and are in force in the Unorganized Tracts of Country in this Province, but doubts have arisen as to the mode of collecting the said duties and enforcing the said penalties: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. If any person, in any place in this Province forming persons selling part of any such Unorganized Tract of Country,-or not being liquor without license in un- within the limits of any Municipality,---sells by retail any wine organized or any spirituous liquor of any kind, without having a license tracts. for so doing under this Act, such person shall, for each such offence, incur a penalty of twenty-five dollars, recoverable on summary conviction before any Stipendiary Magistrate or Justice of the Peace, on the oath of one credible witness other than the informer, unless such informer renounces his share of the penalty, in which case he shall be a competent witness, and the whole of the penalty shall then belong to the Crown for the public uses of the Province, otherwise one half the penalty shall belong to the informer and the other half to the Commitment Crown for the uses aforesaid;---and if such penalty, with the if not paid. costs, costs, be not forthwith paid on conviction, the offender may be committed by the convicting Justice to the Common Gaol for any period not exceeding three months, unless the penalty and costs be sooner paid. 2. The Governor may cause Tavern Licenses, that is to say, Governor may Licenses to keep houses of public entertainment, and to retail cause licenses wine and spirituous liquors therein, to be drunk on the to be issued. premises,--and Shop Licenses, that is to say, Licenses to sell wine and spirituous liquors by retail elsewhere than in a house of public entertainment, but not to be drunk on the premises,--to be granted in any unorganized tract of Country in this Province, by such persons, on such conditions and under such regulations as he may, by Order in Council, from time to time, direct, subject to the provisions of this Act. censes. 3. Each such License shall be in force for one year from its Duration and date, and shall authorize the person to whom it is granted to effect of lisell wine and spirituous liquors by retail, at some certain place or on board some certain vessel, to be named in the License, but not elsewhere, during the said year and no longer. 4. For each such Tavern License there shall be paid by the Duty to be party to whom it is granted to the person issuing it, a duty of paid for such licenses. thirteen dollars and seventy-five cents, and for each such Shop License, a duty of eight dollars and seventy-five cents, which duty shall be paid over to the Receiver General, and make part of the Consolidated Revenue Fund; and the party paying the same shall be held to have paid the duty imposed by the said Imperial Act, and by the said chapter twenty of the Consolidated Statutes of Canada, respectively, or by any Act in force in Lower Canada respecting Tavern and Shop Licenses. in U. C. 5. Sections two hundred and forty-nine, two hundred and Certain provi fifty, two hundred and fifty-one and two hundred and fifty-two, sions to apply of the Act respecting the Municipal Institutions of Upper Canada, chapter fifty-four of the Consolidated Statutes for Upper Canada, shall apply to the Unorganized Tracts of Country in Upper Canada, as shall also sections two hundred and fifty-four, two hundred and fifty-five and two hundred and fifty-six of the same Act; but the share of the penalties imposed in the said sections which is thereby given to any Municipality, shall in the said Unorganized Tracts belong to the Crown,--and the word "County," in the said sections, shall, in applying them to any such Unorganized Tract, be construed as meaning such Tract. 6. In the Unorganized Tracts of Country in Lower Canada, Certain provithe provisions of the Act fourteenth and fifteenth Victoria, sions to apply chapter one hundred, as amended by the Acts sixteenth Victoria, chapter two hundred and fourteen, and twentieth Victoria, chapter in L. C. Bonds required by Governor in Council to be valid. Interpretation. Preamble. Standard To apply to all future contracts. Act limited to L. C. chapter forty-six, shall be in force so far as they are consistent with the provisions of this Act, except such parts thereof as fix the duties to be paid for Licenses, or the conditions on which Licenses shall be granted, which shall not be in force in any such Unorganized Tract,---and except also that any penalty incurred under either of the said Acts in any such Tract, may be sued for by any person, and shall be applied in the manner hereby provided as to penalties incurred under this Act;-and no penalty shall be incurred in any such Tract for keeping a temperance hotel without a License, or for retailing without License any fermented liquor for retailing which no license is required by this Act. 7. Any bond which the Governor in Council may direct to be taken from any person obtaining a License under this Act, conditioned for the due observance of the law and of all regulations to be made under this Act, shall be valid and may be enforced according to its tenor. 8. The expression "Spirituous Liquors" in this Act includes any intoxicating liquor of any kind whatever, and the expression "Unorganized Tract of Country" includes any temporary or provisional judicial District. CAP. VII. An Act to establish a Standard Weight for Hay and W [Assented to 23rd April, 1860.] HEREAS Standard Weights have been established for grain and vegetables, and it is expedient that they should also be established for Hay and Straw: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. From and after the passing of this Act, the following shall be and are hereby declared to be the Standard Weights for Hay and Straw: A ton of Timothy, Clover or other Hay.... A bundle of Timothy, Clover or other Hay with a Timothy band... A bundle of Timothy, Clover or other Hay A bundle of Straw.... 2000 lbs. 2000 15 16 12 2. In every contract entered into after this Act comes into force for the sale or delivery of hay or straw, and on every sale and delivery of Hay or Straw, the above weights, shall be the only weights used, unless it is made to appear that the parties have agreed to the contrary. 3. This Act shall apply to Lower Canada only. САР. CAP. VIII. An Act to amend the Chapter Seventeen of the Consolidated Statutes for Upper Canada, as regards the appointment of Constables. W [Assented to 23rd April, 1860.] WHEREAS by the tenth section of Chapter Seventeen of the Consolidated Statutes for Upper Canada, Courts of Quarter Sessions in Upper Canada are required, in the month of March in each year, to appoint a High Constable and a sufficient number of Constables in the several places in their respective Counties; and whereas the annual appointment of Constables is attended with much expense and inconvenience, and it is expedient that the said provision should be repealed, and the Constables should be placed in a more permanent position than heretofore: Therefore, Her Majesty, by and with the advce and consent of the Legislative Council and Assembly of Canada, enacts as follows: Preamble. 1 From and after the day next before the first general Quar- Section 10 of er sessions of the Peace, to be holden in the year of Our Lord, cap. 17 of Con. onethousand eight hundred and sixty-one, the tenth section of Stat. U. C., repealed. the Act cited in the preamble shall be repealed. 2. The Magistrates at the first general Quarter Sessions of J. P. in Quarto Peace to be holden in each County in Upper Canada in ter Sessions in th said year one thousand eight hundred and sixty-one, shall 1861 to apapoint a sufficient number of fit and proper persons to act as bles. Castables, in each Township, Incorporated Village, Police Village and place within their respective Counties. point Consta 3. The persons, so appointed as Constables, shall, before en- Constables to teng on the duties of office, take and subscribe the following be sworn. oh, which any Justice of the Peace may administer : 'I, "ounty of having been appointed Constable for the The Oath. (or United Counties of as the case "ay be,) do solemnly swear that I will truly, faithfully and "mpartially perform the duties appertaining to the said office, "ccording to the best of my skill and ability. So help me God." 1. Every such Constable, so appointed, and having taken Continuance aforesaid oath, shall continue in office at least one year, in office. al shall further continue in office from year to year without rappointment, unless he shall claim exemption from serving asuch Constable, in which case he shall be released at any tie after the end of the first year, when he shall legally claim, ad be entitled to, such exemption; Provided always that the Proviso: for Ngistrates, at any time in General Quarter Sessions of the dismissal and Peace |