Ontario Reports Volume 12

Ontario Reports Volume 12

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ...old. Some smoke it in a pipe, others smoke cigars, while another class of smokers prefer cigarettes. Some use tobacco to stimulate the nerves, while others say they use it because it is soothing to the nerves. It is common knowledge that many people smoke as regularly as they take their meals, so that the use of tobacco in one form or another is a dail_v---and in many cases an hourlynecessity to a large number of people. Having regard to the nature of the business and to the necessity of supplying a great number of the male population with cigarettes, and having regard to the fact that the yearly profits derived from their sale is insufficient to pay the license fee, no other conclusion can be reached than that an unreasonable and prohibitive fee was attempted to be exacted; and that, according to the statements of two of the aldermen at the meeting of the council already referred to, it was intended that the by-law should be prohibitive. Mr. Hall urged that the license fee could not be regarded as prohibitive, because one of the tobacconists of I'eterborough----Mehail Pappakeriazes--had obtained a license. He (Pappakeriazes) states in his affidavit the reason for procuring the license was to prevent the income derived from his billiard room from being diminished. And the result is, that having obtained a license, he now enjoys a monopoly of the cigarette trade in the city of Peterborough. As I have reached the conclusion that the by-law is ultra vires for the reasons above stated, I have not considered it necessary to deal with the other grounds mentioned in the notice of motion. The order will go quashing the by-law, with costs. A. H. F. L. In an action for a declaration that a portion of the River road lying between Burgar...show more

Product details

  • Paperback | 260 pages
  • 189 x 246 x 14mm | 472g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123685568X
  • 9781236855688