56 Vict.       Remission of Penalties under Liquor License Act. 565
RETURN
Subject to section 47 of the "Revenue Act," relative to the remission of penalties imposed
under section 4 of the "Liquor License Regulation Act, 1891."
By Command.
JAMES BAKER,
Provincial Secretary.
Provincial Secretary's Office,
30th January, 1893.
Copy of a Report of a Committee of the Honourable the Executive Council, approved by His
Honour the Lieutenant-Governor on the 7th day of July, 1892.
On a memorandum from the Honourable the Attorney-General, dated the 6th day of
July, 1892, calling attention to certain prosecutions under the "Liquor License Regulation
Act, 1891," which had been instituted against inn-keepers in the Districts of Victoria and
Esquimalt, and to certain convictions thereunder made by Robert Ward, Esquire, and E.
Pearson, Esquire, Justices of the Peace, on the 2nd day of May last, whereby the parties
hereunder named were adjudged to forfeit and pay the penalties set opposite their respective
names, as follows:—
Fines.
Louis Duval $20 00
Henry Harris    20 00
Elizabeth Conway    20 00
John T. Howard    20 00
W. Bernard Smith    20 00
Richard Price    20 00
R. C. Davis    20 00
John Doran        20 00
John Day    20 00
Thomas J. Jackman         30 00
The Minister further reports that Louis Duval and Henry Harris duly appealed from
their said convictions, on the ground that the parties to whom the liquor was supplied were
bond fide travellers, and therefore entitled to such refreshment, which appeal came on to be
heard before the Honourable the Chief Justice, sitting as County Court Judge for the County
of Victoria, on the 9th day of June, ultimo, and the learned Chief Justice then decided in
favour of the appellants' contention and quashed the said two convictions.
The Minister further reports that the fines in the several other cases above set out were
paid by the parties under protest, and remarks that, the facts in all the cases being identical,
it is but just that all parties should receive the same benefit from the decision upon appeal.
The Minister therefore recommends that, under the authority conferred by section 47 of
the "Revenue Act," the several penalties above set out be remitted and refunded to the parties
paying them.
The Committee of Council advise approval of the recommendation.
Certified.
(Signed)        A. Campbell Reddie,
Deputy Clerk, Executive Council.
VICTORIA, B. C:
Printed by Richard Wolfendkx, Printer to the Queen's Most Excellent Majesty.