The Pamphlet Collection of Sir Robert Stout: Volume 47

License Act

License Act.

Chap. 14.—Sets apart $7,000 to repay to brewers and distillers license fees levied or penalties recovered for not taking out licenses, under 37 V., c. 32, with interest and costs,—re-payment to be made by the Prov. Treas. on application and proof. The Province is to be repaid out of the fund coming to it what has been expended on behalf of any municipality to any such brewer or distiller. The License Board may repay to brewers and distillers as above, sums paid to it under 39 V., c. 26, and not yet paid into the O. R. F.,—the Prov. Treas approving. But this act is not to be construed as an acquiescence by the Legislature in the decision of the Supreme Court in the Queen vs. Severn. The provision in Rev Stat. c. 181., s. 109, respecting payment of expenses of enforcing the law in municipalities under the Temperance Acts, is repealed. In municipalities where the Dunkin Act or Ontario Temperance Act has been put in force, one-third of the expense of carrying out the provisions of the Rev. Stat. cc. 181 and 182 remaining in force, shall be borne by the Province, and two-thirds by the municipality, if the license fund be insufficient. These sums are to be paid into the bank where the license fund is kept, to the credit of the municipality, upon an estimate of the amount by the License Board, approved by the Prov. Treas., and the estimate and approval served upon the municipal Clerk. The share of the municipality may be recovered by legal process by the Comrs. And these provisions apply to all expenses incurred under 39 V.,c 26, and 40 V., c. 18, as well as Rev. Stat. c. 181. When a city or town, separate municipality from the county, is included nevertheless in the license district and the prohibitory by-law applies to the county and not to the city, the fund is to be kept separately for the two, and the expenses allotted in joint proportion to each. On an appeal under Rev. Stat 181 or 182. not more than $10 costs, besides actual and necessary disbursements and fees of the Clerk of the Court are to be taxed. The Court may amend the information in a case under Rev. Stat c. 181, at any time before judgment, and even substitute one offence against it for another, giving time to the defendant to meet the new case if he desires it. No conviction is to be held invalid if it be made to appear otherwise, as well as by the conviction, warrant or process, that the appropriate penalty, &c, was intended to be adjudged.