Inspectors already appointed.

Assistant

Inspectors.

Oath.

be entitled to demand and have the sum of two shillings and six pence, currency, and no more, and shall give communication or copy of the original to any person who shall apply for the same, on payment of one shilling, currency, for every such communication, and two shillings and six pence, currency, for each copy.

VII. Provided always and be it enacted, that any person who, at the time this act shall come into force, shall hold the Office of Inspector of Flour and Meal for any place in this Province, shall on his application to that effect immediately after the said time, be reappointed as Inspector under this Act by the Mayor or Chief Municipal Officer of the place in which he shall have acted as Inspector, without any new examination or any intervention of the Board of Trade, any thing in the foregoing sections of this Act, to the contrary notwithstanding; but shall after such reappointment be removable and shall give security and shall be bound by all the other provisions of this Act, in the same manner as other Inspectors appointed under the authority thereof.

VIII. And be it enacted, that the said Inspector of Flour and Meal for the City of Quebec, and the Inspector for the City of Montreal, shall and may appoint one or as many more Assistants as he shall from time to time be required to appoint by the Board of Trade of the City, for which he is appointed, for the acts of which Assistants he shall be and is hereby declared to be responsible; which number of Assistants he shall be bound to increase from time to time on a requisition in writing to that effect from the said Board, and each such Assistant shall be subject to the approval of the said Board of Examiners and skilful persons sitting with them in the manner hereinbefore provided with regard to Inspectors, and shall before entering upon the duties of his office, furnish two good and sufficient sureties to Her Majesty, in the sum of two hundred and fifty pounds, currency, for the due performance of his duties, by a Bond to be taken, made, recorded, kept and delivered in the manner provided with regard to the Bond given by Inspectors, and shall take and subscribe the following Oath, before the Mayor of the City, for which he shall be appointed, who is hereby required to administer the same. "I, A. B. do swear that I will diligently, faithfully and impar"tially, perform the duties of the office of Assistant to the Inspector of Flour and "Meal for the City of according to the true intent and meaning of the Act "of the Legislature of this Province, intituled An Act to regulate the inspection of "Flour and Meal, and that I will not directly or indirectly, personally or by means "of any person or persons in my behalf receive any fee, reward, or gratuity what"ever by reason of my office of Assistant to the said Inspector, (except my sa"lary from the said Inspector) and that I will not directly or indirectly trade in the "articles of Flour or Meal, or be in any manner concerned in the purchase or sale "of Flour or Meal, except so far as may be necessary, for the use of myself and family: So help me God," and such Bond and Oath as aforesaid, shall be

open

open to inspection, and copies may be had thereof, on the same terms and conditions as are hereinbefore provided with regard to the Bond given and the Oath taken by the Inspector.

Payment of

IX. And be it enacted, that the said Assistants shall respectively be paid by, and shall hold their offices at the pleasure of the Inspector, and may be removed Inspectors. or reinstated, or others may be appointed in their stead by such Inspector.

X. And be it enacted, that the said Inspectors and Assistant Inspectors so to be nominated and appointed, are severally hereby authorized and required to examine and inspect each and every barrel and half barrel of Flour and Meal, on application being made for that purpose by the proprietor or possessor thereof, and to ascertain the respective qualities and conditions thereof, by boring the head of each barrel or half barrel and probing the contents to the whole depth of the cask, by an instrument not exceeding five eighths of an inch in diameter within the gauge or bore of such instrument for that purpose, and after inspecting such Flour or Meal, the said Inspectors or Assistant Inspectors, respectively, shall plug, or cause to be plugged the hole bored in each barrel or half barrel for Inspection: Provided always, that such Inspection may be made either at the Store, Shop or Warehouse of such Inspector, which he is hereby required to keep in a convenient situation for that purpose, or at some Store within the limits of the place for which the Inspectors shall be appointed, respectively, at the option of the Proprietor or Possessor of such Flour or Méal.

XI. And be it enacted, that each and every Inspector or Assistant Inspector, shall, if required, deliver to the owner of any Flour or Meal or to his authorized agent all Flour or Meal which such Inspector or Assistant Inspector may have taken from any barrel or half barrel of such Flour or Meal with the instrument used for the purpose of inspection, under the penalty of five pounds, currency.

XII. And be it enacted that each Inspector shall provide and have a sufficient number of iron or other metal brands, for the use of themselves and their Assistants, wherewith they shall respectively brand or cause to be branded, immediately after Inspection, on each and every barrel or half barrel of Flour or Meal, the words" Quebec" "Montreal" "Toronto" " Kingston" "Hamilton" or the name of any other place as the case may be, and the initial of the Christian name and the surname at full length of the Inspector, with the quality thereof as hereinafter directed; and on each and every barrel or half barrel of Flour or Meal, which may on inspection be found sour, without any other damage or unmerchantable quality, the Inspector or Assistant Inspector, shall brand or cause to be branded the word" sour" in letters as large as those upon the rest of the brand or mark

Inspection of Flour and Meal Barrels.

Flour, &c. taken to be restored.

Brands,

in addition to the brand or mark designating the quality; and in all cases where Flour or Meal shall be found to be of unsound or unmerchantable quality arising from other causes such Inspector or Assistant Inspector shall brand or cause the same to be branded with the word "Rejected" at full length, and in plain legible characters in addition to the brand or mark designating the quality, and in all cases where the quality of the Flour or Meal inspected may appear to be inferior to the brand or other mark of the manufacturer, and not to be properly designated by the brand or mark, it shall be the duty of the Inspector or Assistant Inspector, and he is hereby authorized and required to erase and correct the same; and the Inspector or Assistant Inspector, shall also brand or mark on each barrel of Flour or half barrel of Flour or Meal so inspected by him, the month and year in which they were inspected, with the quality of the Flour or Meal so inspected and examined; and for such inspection and branding or marking, the Inspector shall be entitled to receive of and from the person who may have applied to him to inspect the same, for each and every barrel and half barrel, respectively, of Flour or Meal, so inspected and branded or marked, the sun of two pence, currency, exclusive of cooperage ; and such fee or allowance shall be paid by the owner or Consiguee of such Flour and Meal before it shall be removed; and as soon as any Flour or Meal shall be inspected a certificate or Bill of inspection shall be furnished by the Inspector or Assistant Inspector without fee or reward, specifying neatly and legibly the quantity and quality ascertained by inspection, and the charges thereof, and the owner's or manufacturer's mark or marks thereon; and if any inspector or Assistant Inspector, shall knowingly and wilfully give an untrue and incorrect certificate of the quantity or quality of any Flour or Meal by him inspected, or shall give such certificate without a personal examination and inspection of such Flour or Meal he shall forfeit and pay a penalty of twenty pounds, currency, for each offence, and be dismissed from his office and be disqualified from ever after following the same : Provided always, that no Flour or Meal which shall have been so branded, marked or inspected in one month or year, and re-inspected and examined in another, shall bear any other brand or mark of the year and month than that originally affixed to it and all the said brands and other marks shall be branded or marked on one head of the barrel or half barrel: Provided always, that it shall be the duty of the Inspector or Assistant Inspector, respectively, to examine each or every barrel of Flour or Meal offered for inspection, and in no case to brand or mark the same, unless the name of the manufacturer or packer, the place of packing, and quality of the Flour and Meal, the tare and net weight are branded or marked legibly thereon: Provided always, that in all cases where any Flour or Meal shall have been sold subject to inspection the person applying to the Inspector shall be entitled to reimbursement of the price of inspection from the vendor, if such applicant be not himself the vendor, or unless an expiess stipulation shall have been made at the time of the sale or of the agreement

to

to submit to inspection and such agreement to submit to inspection shall imply a warranty as well that the Flour or Meal is of the quality for which it is sold as that all the requirements of this Act have been complied with as to such Flour or Meal and the barrels or half barrels in which it is contained.

XIII. And be it enacted, that it shall be the duty of the Inspector or Assistant Inspector at the request of the buyer or seller of any Flour or Meal or of any per- duty. son interested therein, to ascertain by examination the weight of all the casks which he may suspect not to contain the full weight required by this Act, and if they do not contain such full weight, he shall cause the same to be filled up by the proprietor or persons requiring such Flour or Meal to be inspected so as to contain the weight of Flour or Meal required by this Act and shall, when required, certify the expense thereby incurred; and every Inspector or Assistant Inspector who shall neglect or refuse to examine and weigh such Flour and to cause the said casks to be weighed in the manner required by this Act; shall for every such neglect or refusal forfeit the sum of twenty pounds, currency.

Inspector's

Uniform standard of

XIV. And be it enacted, that all the said brand marks shall be neat and legible and it shall be the duty of each of the said Inspectors of Flour and Meal, to go- quality. vern himself so far as may be possible by one uniform standard of quality for each description of Flour and Meal, and to brand or mark, within a space not exceeding fourteen inches long by eight inches broad, on every Barrel and half Barrel of Flour and Meal inspected by them all brands and marks required by this Act under a penalty of five pounds, currency, for each barrel or half barrel inspected and not branded, or inspected and marked otherwise than is required by this Act.

XV. And be it enacted, that if any dispute shall arise between any Inspector appointed under this Act, and the proprietor or possessor of any Flour or Meal by him inspected, with regard to the quality or condition thereof, or relating in any respect to the same, upon application by either of the parties in difference to any one of Her Majesty's Justices assigned to keep the Peace within the District in which such Inspector or Assistant Inspector shall reside, the said Justice of the Peace shall issue a summons to three persons of skill and integrity, one whereof to be named by the Inspector, another by the proprietor or possessor of the Flour or Meal, and the third by the Justice of the Peace (who failing the attendance of either of the parties in difference is hereby authorized and required to name for him) requiring the said three persons immediately to examine the said Flour and Meal, and report their opinion of the quality and condition thereof under Oath, (which Oath the said Justice is hereby authorized and required to administer) and their determination, or that of a majority of them, made in writing shall be final

D

Appeal from Inspector's decision.

final and conclusive, whether approving or disapproving the judgment of the Inspector or Assistant Inspector, who shall immediately attend and conform himself thereto, and brand or paint or cause to be branded or painted each and every barrel or half barrel of the qualities or condition directed by the determination aforesaid, and if the opinion of the Inspector or Assistant Inspector be thereby Costs of refer confirmed, the reasonable costs and charges of re-examination being ascertained and awarded by the said Justice of the Peace, shall be paid by the said proprietor or possessor of the Flour or Meal, and if otherwise by the Inspector.

ence.

XVI. And be it enacted, that any Inspector or Assistant Inspector so nominated or apppointed, who shall refuse or neglect on application to him made personally or by writing, left at his Dwelling House, Store, Office or Warehouse on any lawful day between sun rise and sun set by any proprietor or possessor of Flour or Meal (such Inspector or Assistant Inspector not being at the time of such application employed in inspecting Flour or Meal elsewhere) immediately or within two hours thereafter to proceed to such inspection shall for every such neglect or refusal forfeit and pay to such person so applying, on conviction thereof before any one Justice of the Peace, on the Oath of one credible witness, other than the informer the sum of five pounds, currency, over and above all the damages occasioned by such refusal or neglect to the party complaining.

XVII. And be it enacted, that if, upon the inspection of any barrel or half barrel of Flour or Meal, the Inspector or Assistant Inspector, respectively, shall discover any foreign substance mixed or blended therewith, or packed therein,it shall be the duty of such Inspector or Assistant Inspector and he is hereby authorised, enjoined and required immediately to seize and detain the same, and to make report thereon to any one of Her Majesty's Justices of the Peace under Oath, and such Justice may if he shall see fit authorise the detention of the same in some safe place until the suit to be instituted for the penalty thereby incurred shall be determined, and each and every person, who shall or may hereafter wilfully and fraudulently mix or blend any Flour or Meal, by them packed for sale or exportation with any foreign matter shall in every such case be liable to a penalty not exceeding twenty pounds, currency; but no prosecution suit or action for the recovery of any such penalty shall be commenced after the end of one month, from the seizure and report so made, as aforesaid, by the Inspector or Assistant Inspector; and if such penalty be so recovered, the Flour or Meal shall thereupon be forfeited to and belong to the Corporation of the place.

XVIII. And be it enacted, that every manufacturer or packer of Flour or Meal, who shall undermark the tare of any barrel or half barrel or shall put therein a less quantity of Flour or Meal, than is branded thereon shall incur a

penalty