Penalty, 20

penalty of twenty shillings, currency, for every barrel or half barrel so undermarked or deficient. Provided always, that such penalty shall not be recovered when and so often as the deficiency of weight shall appear to have been occasion- shillings. ed by some accident unknown to such manufacturer or packer, and which happened after the packing of the barrel or half barrel.

XIX. And be it enacted, that if any person shall knowingly offer for sale any barrel or half barrel of Flour or Meal, upon which the tare shall be undermarked or in which there shall be a less quantity of Flour or Meal, than is branded thereon, he shall forfeit the sum of twenty shillings, currency, for every cask so undermarked or deficient, without prejudice to the Civil remedy of any party aggrieved for such other damage as he shall in that behalf sustain.

Offering for

sale deficient

measure.

XX. And be it enacted, that no Inspector or Assistant Inspector to be appoint- totrade in flour ed in pursuance of this Act, shall directly or indirectly trade or deal in Flour or &c. Meal, or be concerned in any such trade nor purchase any Flour or Meal of any description, otherwise than for the use and consumption of his family, under the penalty of fifty pounds, currency, for each and every offence, and of being immediately removed from the office, and of being disqualified from holding such office

in future.

XXI. And be it enacted, that in branding or marking the different qualities or descriptions of Flour, the same shall be designated as follows, viz: that of a very superior quality by the words " extra superfine" that of the second quality by the word "superfine" that of the third quality by the word "Fine" that of the fourth quality by the word " Fine middling" that of the fifth quality by the word "Middling" that of the sixth quality by the word "Ship stuff" or "Pollards" and the quality called Farine entière by the letters E. N. T., by which latter description of Flour shall be understood the whole produce of the wheat when ground excepting the coarse Bran and Pollard; and when the wheat from which Flour of any of the qualities had been manufactured was previously kiln dried the same shall be branded or marked by the Packer on each and every barrel or half barrel either at length or by the letters "Kiln D" and all barrels or hogsheads in which Indian Meal shall be packed, shall be branded by the Packer "Indian Meal" and each barrel in which Indian Meal shall be so packed shall contain one hundred and sixty eight pounds avoirdupois weight of the said Meal; and each cask of Rye Flour shall be branded " Rye Flour" and the particular quality thereof shall be designated and branded in the manner hereinbefore provided for Wheat Flour.

Brands to be

used.

Weight of barrels, and

XXII. And be it enacted, that it shall not hereafter be lawful within this Province to pack flour in barrels for sale of any other than the following weight name- half barrels. ly

Branding

instruments.

Materials of barrels.

Effacing brands or using counterfeit brands;

ly half barrels containing ninety eight pounds net, or barrels containing one hundred and ninety six pounds net, avoirdupois weight, under the penalty of two shillings for each and every barrel or half barrel offered for sale or inspection or exported, and with regard to which the requirements of this section have not been complied with.

XXIII. And be it enacted, that from and after the passing of this Act each and every manufacturer and packer of Flour and Meal in this Province shall provide himself with iron or metal brands or other instruments or materials by which he shall brand, paint or mark, or cause to be branded, painted or marked the initials of his christian name, and his surname at full length, and the place of packing, the quality and weight of the Flour or Meal therein contained, and the tare of the cask on one end of each, and every barrel or half barrel of Flour or Meal packed for sale in a plain and distinguishable manner before delivery thereof under the penalty of two shillings for each and every barrel or half barrel of Flour or Meal packed in this Province and so delivered or offered for sale, inspection or exportation with such brands or marks.

XXIV. And be it enacted, that all Flour to be hereafter packed in this Province for sale, shall be packed in good and strong barrels or half barrels of seasoned oak or ash timber, and made as nearly straight as may be, and the staves of such barrels shall be of the length of twenty seven inches from croe to croe, and of half barrels of the length of twenty two inches from croe to croe with heads of the same; the diameter of the heads of the barrels shall be from sixteen and a half inches to seventeen inches, and of half barrels from thirteen and a half to fourteen inches, and such barrels and half barrels shall be well seasoned and bound with at least ten wooden hoops, of which three shall be at each end, with a lining hoop within the chimes, the whole well secured by nails, under the penalty of two shillings for each and every cask offered for sale or exported, which shall not be one of the foregoing description of barrels or half barrels.

XXV. And be it enacted, that if any manufacturer or packer of Flour or Meal, or any person or persons whomsoever shall with a fraudulent view or intention efface, or cause to the effaced or obliterated from any barrel or half barrel of Flour or Meal having undergone inspection, all or any of the Inspectors marks, or shall counterfeit any such mark or marks, or impress or brand any mark or marks, purporting to be the mark or marks of the Inspector or of any manufacturer or packer, either with the proper marking Tools of such Inspector, manufacturer or packer, or with counterfeit representations thereof on any barrel or half barrel of Flour or Meal, or shall empty, or partially empty any barrel or half barrel of Flour or Meal marked after inspection, in order to put into the same barrel

And other

or half barrel other Flour or Meal, or shall use for the purpose of packing any Flour or Meal any old barrel or half barrel, without destroying the old brand marks before offering the same for sale, or (not being an Inspector or Assistant Inspector appointed under this Act) shall brand or mark any Flour or Frauds. Meal with the Inspector's marks, and if any person in the employ of any manufacturer or packer of Flour or Meal shall hire or loan out the marks of his employer to any person whatsover or shall connive at or be privy to any fraudulent evasion of the provisions of this Act, such person or persons so offending shall for every such offence, respectively, incur a penalty of fifty pounds, currency, and any Inspector or Assistant Inspector who shall inspect or brand, or mark any Flour or Meal out of the limits for which he shall be appointed, or shall hire out his marks to any person whatsoever, or shall connive at or be privy to any fraudulent evasion of inspection of Flour or Meal, by others, shall for each such offence incur a penalty of fifty pounds, currency.

ble.

Penalties,

XXVI. And be it enacted, that all and fines, penalties and forfeitures, imposed by this Act not exceeding ten pounds, currency, shall, except when it is otherwise how recoverahereinbefore provided, be recoverable by the Inspectors or by any other person or pesons suing for the same, in a summary way before any two of Her Majesty's Justices of the Peace for the District, in their ordinary or other Sessions, 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 where the same shall exceed ten pounds, currency, they may be sued for and recovered by bill, plaint, information or civil action in any Court of competent jurisdiction, and be levied by execution as in case of debt, and the moiety of all such fines (except such as may be hereinbefore otherwise applied) when recovered, shall immediately be paid into the hands of the Treasurer of the City, Town or Place for the public uses of the Corporation thereof, and the other moiety shall belong to and be paid to the person who shall sue for the same: Provided always that if any Officer of such Corporation be the prosecutor the whole penalty shall belong to the Corporation for the uses aforesaid.

XXVII. And be it enacted, that if any action or suit, not otherwise provided Limitation of for, be brought or commenced against any person or persons for any thing done in actions. pursuance of this Act, or contrary to the provisions thereof, such action or suit shall be commenced within six 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 thereon; and if afterwards judgment shall be given for the Defendant or Defendants, or the Plaintiff or Plaintiffs, be non suit or discontinue his or their action after the Defendant or Defendants shall

Commence

ment of Act

have appeared, then such Defendant or Defendants shall have treble costs awarded against such Plaintiff or Plaintiffs, and have the like remedy for the same as any Defendant or Defendants hath or have in other cases to recover costs at Law.

XXVIII. And be it enacted, that the foregoing enactments of this Act shall have 1st. Jan. 1842. 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.

Termination

XXIX. And be it enacted, that this Act shall continue in force until the first of Act 1st. Jan. day of January, one thousand eight hundred and forty eight and from thence until the end of the then next ensuing Session of the Provincial Legislature and no longer.

1848.

Preamble.

CAP. XC.

An Act to Incorporate the Montreal Board of Trade.

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 John Thomas Brondgeest, Thomas Cringan, Robert Armour, John M. Tobin, James Logan, and others hereinafter named, Merchants, resident and carrying on trade in the City of Montreal, have by their Petition to the Legislature, represented that they have associated themselves together for some time past for the purpose of promoting such measures as they might upon due consideration deem calculated to advance and render prosperous the lawful trade and commerce of this Province and of the said City of Montreal more especially, and have further represented that having already experienced the good effects of their said association, and being convinced that the advantages arising from it would be greatly extended and increased if they and their associates and successors were incorporated, and if certain powers were conferred on them, they pray the Legislature so to incorporate them, and grant them such powers and whereas it is expedient to grant the prayer of their said Petition; 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, 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 the said J. T. Brondgeest, Thomas Cringan, Robert Armour, John M. Tobin, James Logan, with the Honorable Peter McGill, the Honorable Austin Cuvillier, the Honorable Adam Ferrie. J. B. Greenshield, James Hen

derson.

derson, Harrison Stephens, Orlin Bostwick, Joseph Shuter, Theodore Hart, E. T. S. Maitland, S. Bagg, S. Hort, G. Rhynas, A. Edmonstone, J. Scott, John Glass, J. W. Dunscomb, James Millar, Thomas Kay, J. Mathewson, J. G. McKenzie, H. L. Routh, J. E. Mills, D. Ross, John Frothingham, John Black, D. Torrance and William Cowan, J. A. Perkins, A. Lymon, R. H. Per- Incorporation. kins, A. H. Vass, A. J. Phillips, Joseph McKay, Jean Bruneau, W. Smith, R. Froste, S. S. Ward, T. B. Anderson, J. Cuthbertson, W. Bradbury, Struthers Strang, John Moore, H. Jones, J. Scott, J. T. Barrett, H. Vennor, D. Mack, John Molson, D. McPherson, Chas. Brooke, J. Dougall, F. H. Heward, D. Murray, C. Dorwin, H. Corse, J. Rhodes the younger, G. W. Warner, N. Hall, M. Ogden, W. C. Ogden, R. Latham, C. Carlton, Jos. Vallée, J. M. Blackwood, A. Peddie, J. Millar, T. McAdam, A. H. Armour, J. D. Gibb, J. Gibb, A. McIntosh, S. Greenshields, J. Peck, William Thomson, E. C. Tuttle, B. Ansell, J. D. Bernard, John Carter, J. R. Orr, John Keller, J. Gauthier, Manna Buck, François St. Jean, Nicolous W. J. M. Kurczyn, J. Dyde, A. Gilmour, H. Mathewson, T. Musson, W. McFarlane, Wm. Cormack, Nathan Benjamin, F. Farish, W. Creelman, A. Furniss, J. C. Cushing, J. Teasdale, J. Smith, Js. Dougall, Js. Jackson, J. Pratt, and such other persons, being inhabitants of and using trade and commerce within the said City of Montreal, as shall be associated with the persons above named for the purposes of this Act, in the manner hereinafter provided, and their successors shall be and are hereby constituted a body politic and corporate by the name of "The Montreal Board of Trade" and may by that name sue and be sued, implead and be impleaded, answer and be answered, defend and be defended in all Courts of Law and places whatsoever, and by that name they and their successors shall have perpetual succession and may have a Common Seal, may break, change, alter, or renew the same at pleasure, and shall have power to purchase, take, receive, hold and enjoy any estate whatever, real or personal, and to alienate, sell, convey, lease, or otherwise dispose of the same or any part thereof from time to time, and as occasion may require, and other Estate real or personal to acquire instead thereof Provided always, that the clear annual value of the real and personal Estate together held by the said Corporation, at any one time shall not exceed two thousand pounds currency, and provided also, that the said Corporation shall not have or exercise any corporate powers whatsoever except such as are expressly conferred on them by this Act, or are necessary for carrying the same into effect according to its true intent and meaning.

II. And be it enacted, that the funds and property of the said Corporation Application shall be used and applied to and for such purposes only as may be calculated to of funds. promote and extend the just and lawful trade and commerce of this Province and of the said City of Montreal, more especially, or as may be necessary for attaining

the