ing Licenses, and their duration.

U. C.

Sess.) cap. 11.

Customs.

Time of issu- altering the time of issuing Licenses for keeping a House of Public Entertainment, or for the Retailing of Wine, Brandy, Rum, or any other Spirituous Liquors, or for the having and using of Stills for the purpose of Distilling Spirituous Liquors, and for repealing so much of an Act passed in the forty-third year of His Majesty's Reign as relates to the period of paying into the hands of the Receiver General the Monics collected by the Inspector of each and every District throughout this Province for such Licenses; or of the Act of the said Legislature, passed in the fourth year of the Reign of His late Majesty King George the Fourth, and intituled, An Act to repeal 4 Geo. IV, (24 an Act passed in the forty-first year of His late Majesty's Reign, intituled, "An Act for granting to His Majesty, His Heirs and Successors, to and for the uses of this Province, the like Duties on Goods and Produce brought into this Province from the United States of America, as are now paid on Goods and Merchandize imported from Great Britain and other places; and also, an Act passed in the forty-third year of His late Majesty's Reign, intituled, An Act to explain and amend an Act passed in the forty-first year of His Majesty's Reign, intituled, "An Act for granting to His Majesty, His Heirs and Successors, to and for the uses of this Province, the like Dutics on Goods and Merchandize brought into this Province from the United States of America, as are now paid on Goods and Merchandize imported from Great Britain and other places," and to provide more effectually for the collection and payment of Duties on Goods and Merchandize coming from the United States of America into this Province, and also, to establish a fund for the erection and repairing of Light Houses, and to make more effectual provision for the due collection of Duties on Goods imported into this Province; or of the Act of the said Legislature, passed in the seventh year of the Reign of His late Majesty King William the Fourth, and intituled, An Act to amend the laws relating to the collection of duties on Imports from the United States into this Province, and for other purposes therein mentioned; or of the Act of the said Legislature, passed in the third year of Her Majesty's Reign, and intituled, An Act to regulate the time for making returns and payments by Collectors and other persons receiving the Public Revenues of this Province, and for other purposes; or of the Act of the said Legislature, U. C. passed in the same year of the saine Reign, and intituled, An Act for further 3 Vict. cap. 20. Licenses for regulating the manner of granting Licenses to Inn Keepers, and to the Keepers of Public Houses. Ale and Beer houses within this Province; or of any other Act, Ordinance or Law, whether of the Legislature of this Province or of the Legislature of Lower Canada or of Upper Canada, as may be in any wise inconsistent with or repugnant to the provisions of this Act, shall be and the said Acts, parts of Acts, Laws and provisions of Law are hereby repealed from and after the Fifth day of April, one thousand eight hundred and forty-five, and that the following provisions of this Act shall commence and have force and effect from and after the sixth day of April, in the year of our Lord, one thousand eight hundred and forty-five, and not before.

U. C. 7 Will. IV, cap. 25.

Customs.

U. C.

3 Vict. cap. 9. Collectors, &c.

continue in

II. And be it enacted, That all commissions and appointments of any officers Present comor persons employed in the collection or management of the Revenue, or in missions to accounting for the same, in force at the time this Act shall commence, shall force. continue in force, and the nature of the duties and local extent of the powers of each office, shall, until they be expressly altered, remain the same as if granted or made under the authority of this Act, subject always to the provisions and enactments thereof; and that all bonds which shall have been given by such officers or persons, or their sureties, shall remain in full force and effect.

In so far as

may be consistent with the Acts of the Imperial Par liament, the Governor in determine

Council shall

what officers are necessary,

salarics.

amount of

III. And be it enacted, That in so far as may be consistent with the Acts of the Parliament of the United Kingdom in force in this Province, it shall be lawful for the Governor of this Province in Council from time to time to determine what officers or persons it may be necessary to employ in collecting, managing, or accounting for the Provincial Revenue, and in carrying into effect the laws thereunto relating, or for preventing any contravention of such laws, and to assign their names of office, and to grant to such officers or persons as aforesaid such salaries or pay for their labour and responsibility in execution of the duties of their respective offices and employ- and fix their ments, as to the said Governor in Council shall seem reasonable and necessary, and to appoint the times and manner in which the same shall be paid: Provided Proviso: always, that, no officer or person as aforesaid, appointed under the authority of salaries limited. this Act, shall be paid a higher annual salary than five hundred pounds currency. IV. And be it enacted, That the salary or pay allowed to any such officer or person as aforesaid shall be in lieu of all fees, allowances or emoluments of any kind whatsoever, except actual and authorized disbursements, shares of seizures, forfeitures and penalties excepted, and that no person, whether appointed before or after this Act shall come into force, who shall receive a salary at or exceeding the rate of two hundred and fifty pounds, currency, per annum, shall exercise any other calling, profession, trade or employment whatsoever, with a view to derive profit therefrom, directly or indirectly, or shall hold any other office of profit whatsoever, except it be an office relating to the management and collection of the Revenue and the accounting for the same, and held by such officer or person with the permission of the Governor in Council.

V. And be it enacted, That it shall be lawful for the Governor in Council, from time to time, to make all such new divisions of the Province into Districts or otherwise, as may be required with regard to the collection or management of the Revenue, and to assign the officers or persons by whom any duty or service relative to any such purpose shall be performed within or for any such District or division, and the place or places within the same, where such duty or service shall be performed; and to make all such regulations concerning such officers and

persons

in lieu of all

Salaries to be other emoluments, and their whole their offices. Exception.

officers to give

to

Certain powers the Management of the

with regard to

Customs vest

ed in the Council

Governor in

Persons em

concurrence of

the Governor

in Council to

be deemed the

persons, and the conduct and management of the business to them intrusted, as may be consistent with the law, and as he may deem expedient for carrying it into effect, in the manner best adapted to promote the public good; and any general regulation or order made by the Governor in Council for any purpose whatever for which an order or regulation may be so made under the provisions of this Act, shall apply to each particular case within the intent and meaning of such general regulation or order, as fully and effectually as if the same had been made with reference to such particular case, and the officers, functionaries or parties concerned had been specially named therein: Provided also, that a printed copy of any regulation or order of the Governor in Council, printed by the Queen's Printer, or a written copy thereof attested by the signature of the Clerk of the Executive Council, shall be evidence of such regulation or order; and any order in writing, signed by the Provincial Secretary, and purporting to be written by command of the Governor, shall be received in evidence as the order of the Governor.

VI. And be it enacted, That every person employed on any duty or service ployed with the relating to the collection or management of the Revenue, by the orders or with the concurrence of the Governor in Council (whether previously or subsequently expressed) shall be deemed to be the proper officer for that duty or service; and proper officers. that every act, matter or thing required by any law at any time in force to be done or performed by, to, or with any particular officer nominated in such law for that purpose, being done or performed by, to, or with any person appointed or authorized by the Governor in Council to act for or in behalf of such particular officer, shall be deemed to be done or performed by, to, or with such particular officer; and every act, matter or thing required by any law, at any time in force, to be done or performed at any particular place within any port, or within any such District or division of this Province, as aforesaid, being done or performed at any place within such port, District or division, appointed by the Governor in Council for such purpose, shall be deemed to be done or performed at the particular place so required by law.

Same as to places.

Officers em

be

VII. And be it enacted, That any officer or person employed in the collection, Proyed in on management or accounting for any branch of the Revenue, may be employed in the collection, management or accounting for any other branch thereof, whenever it may be deemed advantageous for the public service so to employ him.

branch may employed in another,

Hours of office and sea

sons for certain business how appointed.

VIII. And be it enacted, That it shall be lawful for the Governor in Council, from time to time, to appoint the hours of general attendance of the officers and persons employed in the collection and management of the Revenue, at their proper offices and places of employment, and also to appoint the times during such

hours,

hours, or the seasons of the year, at which any particular parts of the duties of such officers or other persons shall be performed by them respectively: Provided Proviso. always, that a notice of the hours of general attendance so appointed shall he kept constantly posted up in some conspicuous place in such offices and places of appointment.

shall be kept as holidays.

IX. And be it enacted, That no day shall be kept as a public holiday by the What days officers and persons employed in the collection and management of the Revenue, except Christmas day, New Year's day and Good Friday in every year, any days appointed by Proclamation of the Governor for the purpose of a general fast, or of a general thanksgiving, and such days as shall have been appointed for the celebration of the birth-days of Her Majesty and Her Royal Successors, and such other days as may be from time to time appointed as holidays by the Governor in Council.

X. And be it enacted, That it shall be lawful for the Govenor in Council, from time to time to appoint the times and mode in which any officer or person employed in the collection, management or accounting for any part of the Revenue, shall account for and pay over the public monies which may come into his hands, to the officer appointed to receive the same, and to determine the times, manner and form in which, and the officer by whom all Licenses on which any duty shall be payable are to be issued: Provided that such accounts and payments shall be rendered and made by such officers respectively, at least once in every three months.

XI. And be it enacted, That it shall be lawful for the Governor in Council, to direct any officer or person employed in collecting, managing or accounting for any branch of the Provincial Revenue, to keep any books or accounts which they may deem it advisable to direct to be kept for the purpose of obtaining any statistical information concerning the trade or commerce of the Province, the public works thereof, or other matters of public interest, and to authorize and allow any necessary expense incurred for such purpose.

Officers to

of office.

XII. And be it enacted, That every person who shall be appointed, after the commencement of this Act, to any office or employment relative to the collection take an oath or management of the Revenue, or in accounting for the same, shall at his admission to such office or employment take the following oath, before such officer as the Governor shall appoint to receive the same; that is to say:

"I, A. B. do swear to be true and faithful in the execution, to the best of my The oath. knowledge and power, of the trust committed to my charge, by my appointment

as

Penalty on officers taking, or persons of gratuity, &c.

as

and that I will not require, take or receive any fee, perquisite, gratuity or reward, whether pecuniary or of any other sort or description whatever, either directly or indirectly, for any service, act, duty, matter or thing done or performed or to be done or performed in the execution or discharge of any of the duties of my said office or employment, on any account whatever other than my salary, or what shall be allowed me by law, or by order of the Governor of this Province in Council.-So help me God."

XIII. And be it enacted, That if any officer or any person acting in any office or employment connected with the collection and management of the Revenue or fering any fee, the accounting for the same, shall take or receive any fee, perquisite, gratuity or reward, whether pecuniary or of any other sort or description whatever, directly or indirectly, from any person (not being an officer or person legally authorized to pay or allow the same,) on account of any thing done by him in any way relating to his office or employment, except such as he shall receive by order or with the permission of the Governor in Council, every such officer or person so offending shall on proof thereof, to the satisfaction of the Governor, be dismissed from his office or einployment, and if any person (not being an officer duly authorized to pay or allow the same,) shall give, offer or promise any such fee, perquisite, gratuity, or reward, such person shall for every such offence, incur a penalty of one hundred pounds currency, which penalty shall be recoverable in any Court having jurisdiction in civil cases to a like amount.

Before whom oaths in mat

ters relative to the revenue may be made.

XIV. And be it enacted, That in all cases wherein proof on oath or by affirmation or declaration shall be required by any law relating to the collection or management of the Revenue or to the accounting for the same, or shall be necessary for the satisfaction or consideration of the Governor in Council, in any matter relating to the collection or management of the Revenue or to the accounting for the same, and no person or officer shall be specially named as the officer or person before whom the same is to be made, it may be made before any Collector or Chief officer of the Customs for the port or place where such proof is required, or before the persons acting for them respectively, or before such other officer or person as shall be appointed to receive the same by the Governor, and such officers and persons are hereby authorized and empowered to administer such oath or affirmation or receive such declaration; and in any case or class of cases, where an oath is or shall be required by this Act or by any law in force or to be hereafter in force, in any matter relating to the collection or management of declarations for the Revenue or the accounting for the same, it shall be lawful for the Governor in Council, if he shall deem it fit, to authorize the substitution for such oath, of a solemn affirmation or of a declaration, which shall then avail to all intents and purposes as such oath would have done.

Governor in Council may substitute affirmations or

oaths.