The Ontario Reports (Volume 8 (1885)); Containing Reports of Cases Decided in the Queen's Bench and Chancery Divisions of the High Court of Justice for Ontario (Paperback)

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1885. Not illustrated. Excerpt: ... COMMON PLEAS DIVISION.] Regina v. Young. Brewers--License. The defendant, a brewer licensed to manufacture ale, Ac., at Palmerston, under a Dominion license, had a cellar or vault at Brantford, where he stored such ale, Ac., and sold it in quantities not less than allowed to be sold by wholesale. Held, that the sale was authorized under the Dominion license, and that a Provincial license was not required. On November, 7, 1884, Cattanach, obtained an order nisi to quash a conviction of the applicant, one Samuel A. Young, made on 9th August, 1884, by the police magistrate of the city of Brantford, for selling liquor at the said city of Brantford, without a license under the Liquor License Act of Ontario. On December 19, 1884, Cattanach supported the order nisi. Delamere, contra. January 15, 1885. Rose, J.--The point counsel seek to raise is, as to the right of brewers, &c., licensed to manufacture under a Dominion license, and hence, by implication, licensed to sell the liquor manufactured, to sell by wholesale in places other than as named in the license. The defendant is a brewer at Palmerston. He had a "cellar" or vault in Brantford, where he stored ale, porter &c., and from which he sold and delivered. The sales were in quantities not less than allowed to be sold by wholesale. In Regina v. Severn, 2 S. C. R. 70, it was decided that brewers' license gaves the power, by implication, to sell by wholesale, and that the Provincial Legislature could not require a brewer so licensed to take out any further license to enable him to sell by wholesale. I need not repeat the reasoning which is there given at length. I do not find in the Statute 31 Vic. ch. 8, or in 46 Vic. ch. 15, D., or in the license, any restriction by the Dominion Parliament as to the places where t...