No other mark on same end. Inspector district. And no other mark or brand whatever shall be placed upon the end of any cask or package upon which any marks or brands have been placed in compliance with the provisions of this Act: For the correctness of all such marks the Inspector shall responsible. be responsible. Governor in Council to make regulations as to storage and safe keeping. 7. The Governor in Council may, from time to time, make such regulations respecting the storage of petroleum as he may deem necessary for the public safety,-special regulations being made as to the importation or possession of gasolene, benzine, benzole, naphtha or any other explosive substance being the product of crude petroleum; and no person shall have in his possession any such explosive article without having first obtained a permit to that effect required for from the Minister of Inland Revenue, under such restrictions and regulations as may be made from time to time by the Governor in Council, for the storage and possession of such explosive articles; and such permit must be produced to the proper officer of Customs before the importation of any such articles above mentioned shall be permitted. Permit removal. Exception as for expor tation. 8. Packages containing petroleum which is to be exported to petroleum out of Canada direct from the refinery in which it is made and packed, shall only be inspected and branded as hereinbefore prescribed, upon the request of the owner thereof; Proviso: if but if any petroleum for which exemption from inspection is claimed under this section, is thereafter sold or offered for sale for consumption in Canada, or removed from the refinery otherwise than for exportation, it shall thereupon become liable to inspection. offered for sale. Seizure and contraven tion of Act. 9. All petroleum liable to inspection, sold or offered for forfeiture for sale without having been inspected, immediately after being manufactured or imported into Canada, shall be subject to seizure by any officer of Customs or Inland Revenue, and be dealt with as the Governor in Council may direct, unless proved to be held for exportation. Penalty for offences against this Act. 10. Any person who neglects or refuses to procure the inspection of any petroleum liable to inspection, in his possession or under his control, or 2. Who has in his possession any such petroleum which has not been inspected, or which is contained in packages which have not been branded or marked as herein required, or 3. Who has in his possession or under his control any petroleum in respect of which any requirements of this Act have not been complied with,— Shall Shall be held guilty of an offence against this Act, and, The amount. upon conviction, shall incur a penalty not exceeding five dollars for every package in respect of which such offence has been committed. 11. The following fees shall be levied or collected for the Fees for inspection of petroleum, which fees shall be paid to the inspection. Inspector or the Collector of Customs, or the Collector of Inland Revenue, as the case may be, at the time the inspection is made, and shall form part of the Consolidated Revenue Fund of Canada : For every package of Canadian petroleum containing more than ten, but not more than fifty gallons. ..... For every package of Canadian petroleum containing not more than ten gallons.... For every package of imported petroleum containing more than ten, but not more than fifty gallons.. For every package of imported petroleum containing not more than ten gallons ... For every package of Canadian or imported petroleum containing more than fifty gallons, five cents for each additional ten gallons or fraction of ten gallons. 10 cents. 5 cents. 30 cents. 10 cents. 12. All fees payable under this Act shall be payable be- How paid or fore any certificate or bill of inspection is delivered, and if recovered. not so paid shall be recoverable, with costs, before any Justice of the Peace. marks: 13. Whosoever, with a fraudulent intention, alters, Penalty for effaces or obliterates, wholly or partially, or causes to be effacing, altering, or altered, effaced or obliterated, any Inspector's brands or counterfeit marks on any petroleum having undergone inspection, or inginspection on any package containing any petroleum, or counterfeits any such brand or mark, or brands, impresses or otherwise. marks thereon any mark purporting to be the mark of any Inspector (either with the proper marking instruments of such Inspector or with counterfeit imitations thereof) or empties or partially empties any such package marked, after Or any like inspection, in order to put into the same any other article offence, &c.:— not contained therein at the time of such inspection, or uses for the purpose of packing any petroleum any old package bearing inspection marks,-or (not being an Inspector of petroleum) brands or marks any package containing it, with the Inspector's marks, or gives any certificate purporting to VOL 1-12 be Or being privy thereto : be a certificate of inspection of any petroleum,—and any person who, being in the employ of any Inspector, hires or lends the marks or marking instruments of his employer to any person whatever, or connives at or is privy to any fraudulent evasion of this Act with respect to any such Or acting out marks as aforesaid,--and any Inspector who inspects or brands, of proper or marks any petroleum out of the local limits for which he limits:is appointed, or hires out or lends his marking instruments to any person whomsoever, or gives any certificate of inspection without having personally performed the inspection, or any wilfully false or untrue certificate, or connives at or is The penalty. privy to any fraudulent evasion of this Act-shall, for each such offence, incur a penalty of one hundred dollars. Penalty for falsely assum. ing to be an Inspector. Recovery of penalties or forfeitures, and their application. 14. Any person not thereunto duly authorized under this Act, who in any manner whatever assumes the title or office of Inspector, or issues any bill, certificate or declaration purporting to establish the quality or quantity of any petroleum, shall, for every such offence, incur a penalty not exceeding one hundred dollars. 15. Every penalty and forfeiture imposed by this Act, or by any regulation made under it, shall be recoverable by any complainant or informant suing for the same, in a summary way, before any any two Justices of the Peace for the place, and shall, in default of payment, be levied by warrant of distress, to be issued by such Justices against the goods and chattels of the offender; and one moiety of every such penalty or forfeiture, when recovered, shall belong to the complainant or informant, and the other moiety to Her Majesty for the public uses of Canada; and if the penalty or forfeiture, together with any ment for non- costs awarded, be not paid within thirty days, or be not recovered by seizure as herein before provided, such offender shall be imprisoned in the common gaol of the county or district for a period of not less than two nor more than six months, at the discretion of the court. Imprison payment. Limitation of suits under this Act. 16. Any action or suit against any person for anything done in pursuance of this Act, or contrary to its provisions, shall be commenced within six months next after the matter or thing done or omitted to be done, and not afterwards; and the defendant therein may plead the general issue, and give this Act and the special matter in evidence, at any trial therein, and that the same was done under this Act; and if it appears so to have been done, then the judg ment shall be for the defendant; and if the plaintiff is nonsuited or discontinues his action after the defendant has appeared, or if judgment is given against the plaintiff, the defendant shall recover his costs and have the like remedy for the same as defendants have in other cases. 17. The Act passed in the fortieth year of Her Majesty's Act 40 V., c. reign, and intituled "An Act to provide for the Inspection of 14, repealed. Petroleum," is hereby repealed, except only as to any offence committed, or penalty incurred, or obligation contracted Saving under such repealed Act, which may be prosecuted, imposed or enforced as if this Act had not been passed. clause. CHAP. 19. An Act to amend the Act of the present Session, intituled "An Act to provide for the inspection, safekeeping and storage of Petroleum, and the products thereof." [Assented to 15th May, 1879.] WHEREAS, in the Act of the present Session cited in the Preambletitle of this Act, the word "less" was erroneously Chap. 18. inserted instead of the word "more," in limiting the lawful specific gravity of petroleum: Therefore, in correction of the said error, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The word "more" is hereby substituted for the word Sect. 4 "less" in that provision of the fourth section of the said Act amended. which limits the lawful specific gravity of petroleum ; and the said provision shall be read and construed as follows: "All petroleum, whether manufactured in Canada or im- Specific ported, shall be of a specific gravity equal to not more than gravity of petroleum eight hundred and seven thousandths (807) of the weight limited. of an equal measure of distilled water when both are at a temperature of sixty-two degrees by Fahrenheit's thermometer; which specific gravity is indicated by forty-five degrees on Beaumé's Hydrometer; And shall have effect accordingly. VOL I-121 CHAP. CHAP. 20 Preamble, Intent of 38 V., c. 7 declared as to Chief Inspectors. H1 An Act to amend "The Post Office Act, 1875." [Assented to 15th May, 1879.] ER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, declares and enacts as follows: 1. It was and is the intent of the Act of the Parliament of Canada, passed in the thirty-eighth year of Her Majesty's reign, chaptered seven and known as "The Post Office Act, 1875," that the Governor should have and he is hereby declared to have and to have had power to appoint one or more person or persons to be Chief Inspector or Chief Inspectors of the Post Office Department of Canada, with authority over all or over as many Post Office Inspectors and Assistant Post Office Inspectors and their respective districts as the Governor in Council may designate, and with such other duties connected with the Post Offices of Canada as may be, from time to time, assigned to him by the Postmaster General, and with Their powers. power in any part of Canada to inquire into and investigate Investigation complaints or suspected cases of misconduct or mismanageof complaints ment on the part of any person employed in the Canada Post loss of letters, Office or performing duties in or in connection with any Post of misconduct &c. Power of spector to compel persons to appear before him. Office in Canada, and also into any complaints of the miscarriage or loss of letters or other mailable matter, or the contents thereof, and with power to suspend from his duties, during the pleasure of the Postmaster General, any person employed in any Post Office, pending the investigation of any complaint or suspected cases of misconduct or mismanagement, and generally with similar powers to those possessed by Post Office Inspectors or Assistant Post Office Inspectors appointed under the said Act. 2. For the purpose of any inquiry or investigation mentioned in the next preceding section, any Chief Inspector may apply, in term or in vacation, to any Judge of the Supreme Court or Exchequer Court of Canada, or of the Supe rior Court for the Province of Quebec, or of any one of the superior courts of common law in any of the Provinces of Ontario, Nova Scotia, New Brunswick, Manitoba, British Columbia or Prince Edward Island, or to any judge or Stipendiary Magistrate in and for the Territories, for an order that a subpoena be issued from the court or magistrate, commanding any person therein named to appear before such Chief Inspector at the time and place mentioned in such subpœna, and then and there to testify to all matters within his knowledge relative to any such inquiry or investigation, and (if so desired) to bring with him and produce any document, paper |