The Liquor License Act of the Province of Ontario; Being a Full and Careful Annotation of the Statutes Respecting the Keeping and Selling of Intoxicating Liquor, Including Notes of Cases on the Temperance ACT at 1864 the Canada Temperance ACT 1878 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1891 Excerpt: ... 6. For every transfer or removal (d) of a license under sections 37 and 38 of this Act, $5, and the mileage of the Inspector, as provided by section 39 of this Act (e), 44 V., c. 27, s. 2. &. (1) The Council of any Municipality (/) may by by-law (g) to be passed before the 1st day of March (h) in any year, require () a larger duty to be paid for tavern or shop licenses therein, but not in excess of $200 in the whole (J), unless the by-law has been approved (k) by the (d) As to "transfer" and "removal," see sees. 37 and 38. (e) As to mileage to the Inspector, see see. 39. The dnties payable under this section and section 44 are the only imposts which can be legally exacted, unless the amount is increased by a by-law under sees. 42, 43. It was held that the duty, whether Provincial or Municipal, should be paid to the Provincial Government: B. v. The Board of Police of Niagara, 4 U. C. B., 141. But provision is now made for a "License Fund," comprising the duties, fines and penalties received by the Inspector, and the application of it is governed by sees. 45 and 46. (f) "Any Municipality." See sec. 11, ss. 12, note (0). (#) "By-law." See notes to sec. 4; also notes to sec. 20. (ft) "1st day of March." See sees. 20 and 32. (i) "Bequire " has been held in certain cases to mean, "reasonably require: " see Braunstein v. Accidental Ins. Co., 1 B. & S., 782. That construction is unnecessary here as the duty which may be required to be paid is limited to $200, unless the approval of the electors is obtained. The Court refused to interfere with a by-law fixing the sum to be paid for a license for billiard tables at $300, on the ground that the sum required was extravagant, disproportioned to the nature and profits of the business, and that it was in effect a pro...