Barrels &c.

marks.

XXV. And be it enacted, that nothing herein contained shall be construed to prevent any person from packing for exportation or from exporting any Beef or Pork without inspection, provided such-Beef or Pork be packed in tierces or half to have certain tierces, barrels or half barrels of the dimensions herein before prescribed for such vessels, respectively, and be marked with black paint or branded on one end thereof with the name and address of the packer, the date and place of packing, the weight and the quality of the provisions contained in each package, nor shall any, thing herein contained prevent any person from packing for exportation or from exporting without inspection any Rounds of Beef, Rounds and Briskets of Beef, the meat of young pigs called pig Pork, the tongues of neat cattle, the tongues of pigs, hams of pigs or pig's cheeks, or any smoked or dried meat of any description contained in tubs, casks, or barrels or other packages of any kind, provided each package be marked in the manner above mentioned; but each and every person who shall export any meat of the kind last mentioned not so marked, as aforesaid, or Beef or Pork of any other kind not so marked or not packed in barrels or half barrels, tierces or half tierces of the dimensions herein before prescribed, shall thereby incur a penalty of twenty shillings, currency, for each and every barrel or half barrel, tierce or half tierce, tub, cask or other package with regard to which the provisions of this section shall be contravened, and such penalty shall be recovered and applied in the manner provided with regard to the other penalties imposed by this

Act.

recovered and

applied.

XXVI. And be it enacted, that all fines, penalties and forfeitures imposed by Penalties how this Act, not exceeding ten pounds sterling, shall be recoverable, with costs, in a summary way before any two of Her Majesty's Justices of the Peace of the District, and may 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 when the same shall exceed the sum of ten pounds sterling, they shall be sued for and recovered by Civil Action before any Court of competent jurisdiction, and levied by execution as in the case of debt: and one moiety of all such fines and forfeitures (except such as herein before directed to be otherwise applied) when recovered, shall be immediately paid into the hands of the Treasurer of the City, Town or Place wherein the suit, action or prosecution shall have been brought, and shall remain at the disposal of the Corporation of the City, Town or Place, respectively, for the public uses thereof, and the other moiety shall belong to the person who shall sue for the same, unless the action be brought by any Officer of such Corporation, in which case the whole shall belong to the Corporation for the uses aforesaid.

Limitation

XXVII. And be it enacted, that if any action or suit shall be commenced against any person or persons for any thing done in pursuance of this Act, or con- of actions. trary

C

Treble costs.

Act. to com

trary to the directions thereof, such action or suit shall be commenced within six calendar months next after the matter or thing done or omitted to be done, and not afterwards, and the defendant or defendants in such action or suit may plead the general issue and give this Act and the special matter in evidence, at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this Act; and if it shall appear so to have been done, then the Judgment shall be for the defendant or defendants, and if the plaintiff shall be non-suited or discontinue his action after the defendant or defendants shall have appeared, or if Judgment shall be given against the plaintiff, the defendant or defendants shall and may recover treble costs and have the like remedy for the same as defendants have in other cases by law.

XXVIII. And be it enacted, that the foregoing enactments of this Act shall mence 1st. Jan. have force and effect upon, from and after the first day of January, in the year of our Lord one thousand eight hundred and forty two and not before.

1842.

XXIX. And be it enacted, this Act shall continue in force until the first day of To cease lat, January, in the year of our Lord one thousand eight hundred and forty eight, and to the end of the next Session of the Provincial Parliament, and no longer.

Jan. 1848.

Preamble.

W

CAP. LXXXIX.

An Act to regulate the Inspection of Flour and Meal.

18th September, 1841.-Presented for Her Majesty's Assent and reserved for the signification of Her Majesty's pleasure thereon."

19th March, 1842.-The Royal Assent signified by the Proclamation of His Excellency SIR CHARLES BAGOT, Governor General.

HEREAS it is expedient, that the regulations now in force in the different Sections of the Province with regard to the packing and Inspection of flour and Indian Meal, should be repealed, and one uniform Law enacted for the whole Province, and that the Inspection of the articles aforesaid, intended for exportation, shall cease to be compulsory and be left optional with the parties interested : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled An Act to Re-unite the Provinces of Upper and Lower Canada and for the Government of Canada, and it is hereby enacted by the authority of the same, that from and after the passing of this Act, a certain Ordinance of the Legislative Council of the Province of Quebec, passed in the twentyfifth year of the Reign of His late Majesty King George the Third, and intituled An Ordinance to prevent the exportation of unmerchantable Flour, and the false taring of Bread and Flour Casks, to regulate the packing and Inspection of Flour, and

Certain Acts

Indian Meal, and to provide for ascertaining the quality of Biscuit in future, and a certain Act of the Legislature of Lower Canada, passed in the forty sixth year of the Reign of His late Majesty King George the Third, intituled An Act to repeal an repealed. Ordinance made and passed in the twenty fifth year of His Majesty's Reign, intituled 'An Ordinance to prevent the exportation of unmerchantable Flour and the false taring of Bread and Flour Casks, to regulate the packing and Inspection of Flour and Indian Meal, and to provide for ascertaining the quality of Biscuit in future', and a certain other Act of the same Legislature, passed in the fifty eighth year of the Reign of His late Majesty King George the Third, intituled An Act to amend an Act passed in the forty sixth year of His Majesty's Reign, intituled An Act to repeal an Ordinance made and passed in the twenty fifth year of His Majesty's Reign, intituled An Ordinance to prevent the exportation of unmerchantable Flour and the false taring of bread and Flour Casks, to regulate the packing and Inspection of Flour and Indian Meal, and to provide for ascertaining the quality of Biscuit in future, and a certain other Act of the said Legislature, passed in the second year of the Reign of His Majesty King George the Fourth, intituled An Act to provide for the better Inspection of Flour, and a certain Ordinance of the Governor and Special Council of Lower Canada, passed in the second year of the Reign of Her present Majesty, and intituled An Ordinance to suspend certain Acts therein mentioned, and to regulate in a better manner the packing and Inspection of Flour and Indian Meal, and a certain Act of the Legis lature of the Province of Upper Canada passed in the forty first year of the Reign of His Majesty King George the Third, intituled An Act to authorize the Governor, Lieutenant Governor or Person administering the Government, to appoint Inspectors of Flour, Pot and Pearl Ashes within this Province, and a certain other Act of the said Legislature, passed in the sixtieth year of the Reign of His Majesty King George the Third, intituled An Act to amend and extend the provisions of an Act passed in the forty first year of His Majesty's Reign, intituled An Act to authorize the Governor, Lieutenant Governor or Person administering the Government to appoint Inspectors of Flour, Pot and Pearl Ashes within this Province, and all other Acts or parts of Acts or Laws in force within this Prov ince, or any part thereof, and relating in any manner to the packing, branding, Inspecting or exportation of Flour and Indian Meal, or to the appointment, powers or remuneration of the Inspectors thereof, shall be and each of them, and every part thereof, is and are hereby repealed, and all and every the powers vested by them or any of them or under any authority conferred by them or any of them, in any person or persons whomsoever shall cease and determine.

Boards of

II. And be it enacted, that from and after the passing of this Act, it shall be lawful for the Board of Trade in the Cities of Quebec, Montreal and Toronto and in the Examiners. Town of Kingston, respectively, and for the municipal authorities in other places where Inspectors may be required for the purposes of this Act, to appoint a Board

of

of Examiners of applicants for the Office of Inspector of Flour and Meal, and from time to time to remove such Examiners and appoint others in their stead ; and such Board of Examiners shall in the Cities of Quebec and Montreal, respectively, consist of five, and in other places of three fit, proper and skilful persons resident in the place or in the immediate vicinity of the place, for which they are respectively, to act; and such Examiners shall before acting as such, severally take and subscribe the following Oath, before any one of Her Majesty's Justices assigned to keep the Peace, within the District, in which such Examiners are respectively to act; and such Justice is hereby required and authorized to administer the same, "I, A. B. do swear, that I will not directly or indirectly, per"sonally or by means of any person or persons on my behalf receive any fee, "reward, or gratuity whatever by reason of any function of my Office as Exa"miner, and that I will therein well and truly in all things act without "partiality, favour or affection, and to the best of my knowledge and understanding-So help me God."

III. And be it enacted, that the Mayor of the said Cities of Quebec, Montreal and Toronto, or of the Town of Kingston, respectively, and the Warden or Chief Municipal Officer of any other place as aforesaid, for the time being shall and may from time to time, by an instrument under his hand and the Seal of the Corporation, nominate and appoint an Inspector of Flour and Meal, for each of the said Cities and Towns and other places, as aforesaid, and may from time to time remove any such Inspector and appoint another in his stead; but no person shall be appointed as such Inspector who shall not previously to his appointment as such have undergone an examination before the Board of Examiners of the place for which he is to be appointed, as to fitness, character and capacity, in the manner hereinafter provided; nor shall any person be appointed an Inspector of Flour and Meal unless approved of and recommended as such by such Board of Examiners, or a majority of them, pursuant to such examination; nor in any place in which there shall be a Board of Trade, except on the requisition of such Board, with which the Mayor or Chief Municipal Officer shall be bound to comply, and before any Inspector shall act as such, he shall furnish two good and sufficient sureties, jointly and severally with himself for the due performance of the duties of his office, in the sum of five hundred pounds, currency, if such Inspector be appointed for the City of Quebec or for the City of Montreal, and in the sum of two hundred and fifty pounds currency, if such Inspector be appointed for the City of Toronto or for the Towns of Kingston and Hamilton, or for any other place for which an Inspector may be appointed, and such sureties shall be approved by the Mayor or other Chief Municipal Officer by whom the Inspector shall have been appointed, in whose keeping the Bond shall remain; and the Bond shall be executed to Her Majesty, Her Heirs and Successors in the forms used with regard to sureties from persons appointed to Offices of Trust in this Province, and shall

avail to the Crown and to all persons whomsoever who shall or may be aggrieved by any breach of the Conditions thereof; and no such Inspector shall allow any person whomsoever to act for him about the duties of his Office excepting only his sworn Assistant or Assistan's, to be appointed in the manner hereinafter provided.

Bond to be

inspection.

IV. And be it enacted, that the Bond or suretyship which shall be made or executed by any Inspector by virtue of this Act, shall be made and kept at the open to public Office of the Clerk of the Corporation of the City, Town or Place for which such Inspector shall be appointed, and every person shall be entitled to have communication and copy of any such Bond or suretyship at such Clerk's Office, upon payment of one shilling, currency, for every communication and two shillings and sixpence, currency, for each copy.

V. Provided always and be it enacted, that the Board of Examiners to be constituted as aforesaid, shall be and they are hereby authorized and required, before proceeding to the examination of any person who may be hereafter desirous of being appointed an Inspector of Flour and Meal as aforesaid, to require the attendance of two or more persons of the greatest experience and practice in the manufacture of Flour and Meal, or of the fullest knowledge of the qualities of Flour and Meal; and the said Board, in their discretion, are also hereby further authorized to permit any other person or persons to be also present at such examination, and each and every of the said persons so required or permitted to attend, may in the presence of the said Board, propose questions to the person then under examination touching and respecting his knowledge as to quality, manufacture or other matters relating to or connected with the Inspection of Flour and Meal.

Examiners may call in the

aid of experi

enced persons.

VI. And be it enacted, that each person examined, approved and recommended as aforesaid, shall if appointed an Inspector of Flour and Meal, as aforesaid, before he shall act as such, take and subscribe an Oath before any one Justice assigned to keep the Peace within the District in which he shall be appointed, (which Justice is hereby required and authorized to administer the same) in the Oath. words following, to wit:. "I, A. B. do solemnly swear, that I will faithfully, "truly and impartially, to the best of my judgment, skill and understanding, do "and perform the office and duty of an Inspector of Flour and Meal, and that I "will not directly or indirectly, by myself or by any other person or persons "whomsoever, trade or deal in Flour or Meal, or be connected in any such "Trade, nor purchase any Flour or Meal of any description, otherwise than for "the use and consumption of my family, during the time I shall continue such Inspector. So help ine God," which Oath shall be recorded in the Office of the Clerk of the Corporation for the City, Town, or place where the same shall be taken; and for recording such Oath and for a Certificate thereof, the Clerk shall

Inspector's

be