penalty not exceeding one hundred dollars or to imprisonment Penalty not exceeding three months. inspector's 46. Every person who, with a fraudulent intention, uses an Fraudulent inspector's certificate or bill of inspection in connection with use of grain other than the grain in connection with which such certificate. certificate or bill of inspection was issued, is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years or to a penalty not exceeding five hundred Penalty. dollars, or to both. threats, or inspector. 47. Any person who directly or indirectly gives or offers, Bribes, or promises to give, or procure to be given, any bribe, recom- violence to pense or reward to, or makes any collusive agreement with, influence any inspector or deputy inspector, or who makes use of, or threatens to make use of, any force, violence or restraint, or inflicts or threatens the infliction of any injury or loss upon any inspector or deputy inspector, or upon any other person, in order to improperly influence such inspector or deputy inspector in the performance of his duties under this Act, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or to a penalty not exceeding Penalty. two hundred dollars, or to both. 48. Every action brought against any person for anything Limitation done under this Act, or contrary to its provisions, shall be of time for commencing commenced within six months next after the right to bring suits under such action accrued, and not afterwards; and the defendant this Act. therein may plead the general issue, and that the thing was done under this Act, and may give this Act and the special matter in evidence at any trial thereof; and if it appears so to have been done, then the judgment shall be for the defendant; and if the plaintiff is non-suited or discontinues his action after Costs. the defendant has appeared, or if judgment is given against the plaintiff, the defendant shall recover all costs and have the like remedy therefor as defendants have in other cases. 49. Nothing in this Act shall prevent any person from sell- Sale by ing or buying grain by sample, regardless of its grades. sample. 50. The fees for the inspection of grain shall be as follows: Fees. For inspecting grain in sacks, one-third of a cent per cental; for inspecting grain in bulk, per car load, forty cents; in cargoes, per one thousand bushels, fifty cents. of fees. 51. The Governor in Council may, from time to time, Alteration increase or reduce the fees for the inspection of grain, and may prescribe scales of fees differing from each other for the several divisions. treated as 52. The inspection and weighing fees upon grain inspected Fees to be or weighed within any division or district shall be treated as advanced Disposal thereof. Regulations, tors, boards of examiners, etc. advanced charges, to be paid by the carrier or warehouseman in whose possession the grain is at the time of its inspection or weighing, and, unless otherwise provided, shall be paid through the chief inspector or inspectors into, and shall form part of, the Consolidated Revenue Fund of Canada, and accounts thereof shall be kept in such manner and in such detail as is from time to time determined by the Minister. 53. The Governor in Council may make regulations, not inconsistent with this Act, For inspec- (a.) for the guidance and government of chief inspectors, inspectors and deputy inspectors, boards of grain examiners, grain standards boards, grain survey boards and members of such boards respectively, and others concerned in the administration of the Act, and Other boards. Penalties for contravention. Regulations as to terminal and public elevators. Appointments of chief weighmaster and assistants. Oath of office and bond. Combination of offices. Powers and duties of weighmasters. (b.) generally such as are deemed necessary, from time to time, for the carrying out of the provisions of the Act according to their true intent and meaning and for the better attainment of its objects— and may by any such regulations impose penalties for violations thereof not exceeding fifty dollars and costs, such penalties to be recoverable on summary conviction. 54. The Governor in Council may also make regulations. not inconsistent with this Act as to the method of dealing with terminal and public elevators and grain warehouses, and requiring the proprietors, lessees or managers of such elevators and warehouses to take out licenses and to pay any prescribed fees therefor, and to give security for the faithful performance of their duties as such, and their compliance with all laws relating thereto. 55. The Governor in Council may appoint in and for each division a chief weighmaster, whose duties and powers shall be defined by Order in Council, and may also, in any place where inspection of grain is authorized under this Act, or where is situate any public terminal elevator, appoint a weighmaster and such assistants as are necessary; and such weighmasters and assistants shall receive such compensation, by fees or otherwise, as is determined by the Governor in Council. 2. Every weighmaster or assistant weighmaster so appointed shall, before exercising the duties of his office, subscribe to an oath of office and furnish a guarantee bond in such amount as the Minister of Trade and Commerce directs. 56. The offices of chief weighmaster and chief inspector in each division may be combined until otherwise ordered by the Governor in Council. 57. The weighmasters and assistants in each division shall, under the direction of the chief weighmaster, supervise and have exclusive control of the weighing of grain inspected, subject to inspection or otherwise, or received into or shipped out from public terminal elevators. 58. Every such weighmaster or assistant shall give upon Certificate as demand to any person having weighing done by him, a certifi- evidence. cate under his hand, showing the amount of each weight, the number of each car or cargo weighed, the initial of the car, the place where weighed, the date of weighing and the contents of the car or cargo, and such certificate shall be, in all cases, prima facie evidence of the facts therein contained. 59. All weighmasters and their assistants shall make true Record to weights, under the penalties in this Act provided, and keep a be kept. correct record of all weighing done by them at the places for which they are appointed, in which record shall be entered an accurate account of all grain weighed, or the weighing of which was supervised by them or their assistants, giving the amount of each weight, the number of each car weighed, the initial letter of each car or the name of each vessel, the place where weighed, the date of weighing, and the contents of the car or cargo. 60. The fees for the weighing of grain shall be such as Fees. are determined by the Governor in Council, who may from time to time increase or reduce them. 61. The chief weighmaster may adopt rules and regulations Rules and for the weighing of grain in his division subject to the approval regulations. of the Minister of Trade and Commerce. with 62. If any owner, lessee or other occupant of any terminal Interfering elevator, by himself or by his agent or employee, refuses or weighmaster. prevents a weighmaster or any of his assistants from having access to such elevator or to any scales therein or connected therewith, in the regular performance of their duties in supervising the weighing of grain in accordance with this Act, he Penalty. shall, upon summary conviction, be liable to a penalty not exceeding one hundred dollars for each offence. PART II. SPECIAL PROVISIONS AS TO EASTERN INSPECTION DIVISION. inspection 63. The provisions contained in this part relate only to the Eastern eastern inspection division, and they apply to all grain grown division. in that division, to the exclusion of any provisions in Part I. of the Act inconsistent with them or dealing with like matters. Grain shipped from public elevator. if deteriora tion alleged. 64. All grain shipped from any public elevator within the eastern inspection division shall be shipped out as graded into such elevators by the inspecting officers; provided howRe-inspection ever, that should any person interested in such grain have reason to believe that it has gone out of condition or has deteriorated in quality since it was originally inspected, any inspector may, at his request, re-inspect such grain; and in case he finds that it is out of condition or has become deteriorated in quality he shall endorse across the face of the original certificate a statement of the facts, with the date and place where the re-inspection was made, and shall attach his signature thereto; but under no circumstances shall such grain be mixed or re-graded. When other 65. If otherwise shipped, a certificate for a straight grade wise shipped. shall be refused and the quantity of each grade composing the mixed cargo (or car-load, if shipped by rail) shall be written across the face of the certificate. 66. All grain of the same grade shall be kept together and stored only with grain of a similar grade: Provided, however, that should different grades be loaded together in the same compartment of any vessel at any point within the division, a certificate shall be issued for such mixed cargo, which certificate shall have written across its face a statement of the quantities of each grade entering into the composition of such mixed cargo; but no certificate for a straight grade shall be issued for such mixed cargo. 67. When any lot of grain is so situated that the inspecting officer cannot obtain such samples thereof as he considers necessary to a thorough inspection, inspection shall be refused. 68. Duplicate inspection certificates shall accompany all grain inspected east of Port Arthur to its destination in Canada, and no reinspection shall be permitted unless there is reason to believe that the grain has gone out of condition or has deteriorated in quality since it was originally inspected, in which case any inspecting officer may inspect such grain and if he finds that it has so gone out of condition or deteriorated, he shall issue a certificate in accordance with the facts; provided always that no such inspection shall take place unless the identity of the grain has been preserved. 69. All inspection and weighing fees shall be treated as "advanced charges" to be paid by the carrier in whose possession the grain is at the time of its inspection or weighing. PART III. SPECIAL PROVISIONS AS TO MANITOBA INSPECTION DIVISION. 70. The provisions contained in this part relate only to Manitoba the Manitoba inspection division, and they apply to all grain Division. Inspection grown in that division, to the exclusion of any provisions in Part I. of this Act inconsistent with them or dealing with like matters. 71. Inspecting officers shall be required and instructed, on Samples of and after the coming into force of this Act, to grade in accord- grading. ance with this Act all grain defined therein, and standard samples shall be made in accordance therewith for the purpose of grading and surveys. dards board. 72. Should the climatic or other conditions result in the Convening of grain stanproduction of a considerable proportion of grain, other than oats, not capable of being included in the classification provided for in this Act, the grain standards board for the division shall be convened for the selection of commercial grades and samples whenever the chairman of the said board is notified by the chief inspector or five members of the said board that such a course is necessary; and inspecting officers shall grade all classes of grain which cannot be graded according to this Act, in accordance with the commercial samples so selected by the board. of time for 73. The chief inspector and the inspectors for the division Limitation shall, not later than the first day of October in each year, furnishing furnish official samples of grain as established by them under samples. this Act when requested to do so by any person, such sample to be accompanied by a specific statement that it is a sample of the official grade. The inspectors shall also supply cargo samples when required. For all samples so furnished the Charge for inspectors shall make such charge as is approved by the Minister. samples. east of 74. All grain placed in public elevators or warehouses east Inspection of Winnipeg, in the division, shall be subject to inspection, Winnipeg. both inwards and outwards. inspected in 75. All grain produced in the North-west Territories and Grain to be in Manitoba, passing through the Winnipeg district en route Winnipeg to points to the east thereof, shall be inspected at Winnipeg or district. a point within the district, and on all grain so inspected, the inspection shall be final as between the western farmer or dealer and the Winnipeg dealer. Any grain inspected. at Winnipeg or other western point may be reinspected Reinspection at Fort William or at other terminal elevators in the division William. without additional charge; but any grain not inspected west of Fort William shall be inspected at that point, and at Fort |