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stock shall be considered as holding the same, and shall be liable as a Shareholder accordingly.

XIX. And be it enacted, That every such Executor, Administrator, Tutor, Curator, Guardian or Trustee, shall represent the shares of stock in his hands at all meetings of the Company, and may vote accordingly as a Stockholder; and every person who shall pledge his stock as aforesaid may nevertheless represent the same at all such meetings, and may vote accordingly as a Stockholder; but no person holding stock as Executor, Administrator, Tutor, Curator, Guardian or Trustee, shall be a Trustee or hold any office in the service of such Company; and all votes given to them or either of them shall be void.

XX. And be it enacted, That it shall be the duty of the Trustees of every such Company to cause a book to be kept by the Treasurer or Clerk thereof containing in alphabetical order the names of all persons who are or have been Stockholders of such Company, and showing their places of residence, the number of shares of stock held by them respectively, and the time when they respectively became the owners of such shares; and also a statement of all the existing debts and liabilities of such Company, and of the amount of its stock actually paid in; which books shall, during the usual business hours of the day, on every day except Sundays and obligatory holidays (fêtes d'obligation), be open for the inspection of Stockholders and creditors of the Company and their personal representatives, at the office or principal place of business of such Company, in the County where the operations of such Company are carried on as aforesaid: and any and every such Stockholder, Creditor or Representative, shall have a right to make extracts from such book; and no transfer of stock shall be valid for any purpose whatever, except to render the person to whom it shall be transferred liable for the debts of the Company according to the provisions of this Act, until it shall have been entered therein as required by this section by an entry showing to and from whom such stock shall have been transferred.

XXI. And be it enacted, That such book shall be prima facie evidence of the facts therein stated in favour of the Plaintiff in any suit or proceeding against such Company or against any one or more Stockholders; and that every Officer or Agent of any such Company who shall refuse or neglect to make any proper entry in such book, or to exhibit the same or allow the same to be inspected, and extracts to be taken therefrom as aforesaid, shall be guilty of a misdemeanor, and being convicted thereof shall be punished accordingly; and every Company that shall neglect to keep such book open for inspection as aforesaid, shall forfeit the corporate rights, character and privileges acquired by it in pursuance of this Act.

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XXII. And be it enacted, That the word "Company," wherever it occurs in this Act, Interpretation of shall be construed to mean a Joint Stock Company incorporated by registration under certain words. the provisions of this Act; and all words importing the singular number or the masculine gender only shall be construed to extend to the plural number, and to females as well as males, unless there be something in the context inconsistent with such construction. XXIII. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this or any other Session of the Parliament of this Province; but such amendment or repeal shall not, nor shall the consequent dissolution of any Corporation formed or created under this Act, take away or impair any remedy given against any such Corporation, its Sockholders or officers for any liability which shall have been previously incurred.

Right to repeal or amend Act reserved.

CAP.

Preamble.

Part of Sect. 12 of 4 and 5 Vic. c. 89, repealed.

Sect. 14 amended.

Sect. 21 of the said Act and Sect. 5 and 6 of 11 Vic. c. 6, repealed.

Standard of quality established.

CAP. XXIX.

An Act to amend and to continue as amended the Laws regulating the Inspection of
Flour and Meal.

WE

[24th July, 1850.]

HEREAS it is expedient to amend the Acts relative to the Inspection of Flour and Meal and of Oatmeal, and further to continue the same as amended: 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 so much of the twelfth section of the Act passed in the session held in the fourth and fifth years of Her Majesty's Reign, and intituled, An Act to regulate the Inspection of Flour and Meal, as is in the words following: "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 so much of the said section as is in the words following: "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," shall be and is hereby repealed.

II. And be it enacted, That the fourteenth section of the said Act shall be construed and have effect as if the words "branded or marked otherwise than is required by this Act" were inserted at the end of the said section, instead of the words "not branded or inspected, and marked otherwise than is required by this Act."

III. And be it enacted, That the twenty-first section of the said Act, and the fifth and sixth sections of the Act passed in the eleventh year of Her Majesty's Reign, and intituled, An Act to continue and amend the Act for the Inspection of Flour and Meal, and to provide for the Inspection of Oatmeal, shall be, and are hereby repealed; and instead thereof--Be it enacted, That in branding or marking the different qualities or descriptions of Flour, the same shall be designated as follows, that is to say: 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 words Superfine No. 2; that of the fourth quality, by the word Fine; that of the fifth quality, by the words Fine Middlings; that of the sixth quality, by the word Middlings; that of the seventh quality, by the word 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 pollards; and all Flour so branded or marked, shall be equal in quality to Flour inspected at the City of New York, in the United States of America, and bearing the like brand or mark of quality; and it shall be the duty of each Inspector of Flour and Meal in this Province to procure proper and certified samples of the several qualities of Flour, certified as being the correct standard by the Head Inspector of Flour in New York, and to guide himself by such samples; and in the event of any change in the number of grades or qualities of Flour being adopted in New York during the continuance of this Act, it shall be the duty of the several Inspectors in this Province to conform to such change; and in branding or marking the different qualities of Rye Flour, Indian Meal and Oatmeal, the words Rye Flour, Indian Meal, or Oatmeal, shall be plainly branded or marked on each and every barrel or half barrel, to designate the grain from which the same is made, and the qualities shall be designated as follows, that is to say: That of very superior quality, by the word "First," that of the next inferior quality, by the word "Second," that of the next inferior quality, by the word "Third," and that of the lowest quality, by the word "Unbrandable; "

"Unbrandable," and when the grain from which Flour and Meal of any description is manufactured, had been previously kiln dried, the same shall be branded and marked by the Packer on each and every barrel or half barrel, either at length or by the word and letter "Kiln D."

IV. And be it enacted, That the twenty-second and twenty-third sections of the Act first above cited shall be, and are hereby repealed.

V. And be it enacted, That every half barrel of Flour shall contain ninety-eight pounds net, and every barrel of Flour shall contain one hundred and ninety-six pounds net; every half barrel Rye Flour shall contain ninety-eight pounds net, and every barrel of Rye Flour shall contain one hundred and ninety-six pounds net; every half barrel Indian Meal shall contain eighty-four pounds or ninety-eight pounds net, and every barrel of Indian Meal shall contain one hundred and sixty-eight pounds, or one hundred and ninety-six pounds net; every half barrel of Oatmeal shall contain one hundred and twelve pounds net, and every barrel of Oatmeal shall contain two hundred and twenty-four pounds net; and it shall be the duty of the Packer or Manufacturer, to brand, paint or mark the initials of his Christian name, and also brand, paint or mark his surname at full length, and the name of his mill or 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, under a penalty of Two Shillings currency, for each and every barrel or half barrel offered for sale or Inspection, with regard to which the requirements of this section have not been complied with.

VI. Provided also, and be it enacted, That nothing in this Act shall invalidate, or in any way alter, the true intent and meaning of any existing contract for the purchase or sale of Flour, based on the standard of Inspection heretofore established and in use in Quebec, Montreal and Toronto, and that the quality of all and any Flour so contracted for, purchased or sold, shall, on the requisition of any party interested in such contract, purchase, or sale, be ascertained and tested by the Inspector according to the standard of Inspection in use by him, immediately previous to this Act taking effect, and the said Inspector shall give a Certificate of the quality of the said Flour according to the said standard, but shall nevertheless, if required, brand on the barrels the quality of the Flour according to the standard of Inspection now by this Act established.

CAP. X X X.

An Act to amend, and render permanent as amended, the Act to regulate the Inspection of Beef and Pork.

[ 10th August, 1850. ]

Sect. 22 and 23, of

the said Act repealed.

Weights of barrels

and half-barrels of

Flour and Meal.

Proviso: as to existing contracts.

HEREAS it is expedient to amend, and to make permanent as amended, the Act Preamble.
passed in the Session held in the fourth and fifth years of Her Majesty's Reign,

WHE

or

None but Inspectors their Assistants or Beef or Pork.

and intituled, An Act to regulate the Inspection of Beef and Pork: Be it therefore enacted 4 and 5 Vict. c. 88. 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 it shall not be lawful for any person other than an Inspector or Assistant Inspector duly appointed under the said Act, and having previously complied with all the requirements thereof, or the actual owner of the Beef or Pork inspected, to inspect any Beef or Pork, or to brand or mark any barrel or half barrel, tierce or half tierce, or cask or vessel of any kind, containing such Beef or Pork, or to give any Certificate of Inspection, under a penalty Penalty: of ten pounds for each barrel, half barrel, tierce or half tierce, cask or vessel of Beef or Pork so inspected or branded, or with regard to which such Certificate shall have been given, to be recovered and applied in the manner provided by the said Act with

Owners shall inspect

regard

As to Beef and Pork, &c., re-inspected.

In what case only storage may be charged.

4 and 5 Vict. c. 88,

made permanent as amended.

regard to penalties thereby imposed; And that if any owner of any Beef or Pork shall brand any such vessel as aforesaid containing any Beef or Pork, without affixing to his name and the initial of his Christian name, the date at which the same was branded, and the word "owner" or "owners," he shall be held to have inspected and branded the same contrary to the provisions of this Act, and shall incur the penalty aforesaid. II. And be it enacted, That for and notwithstanding any thing in the eleventh section, or in any other part of the said Act, it shall be lawful to brand on the vessel containing any Beef and Pork re-inspected, the date of such re-inspection, with the other particulars required in case of inspection, but no preceding inspection brand or any part thereof shall be effaced; and every re-inspection which shall be made without complying with the requirements of this section, shall be held to be an inspection made contrary to this Act, and the person making it shall thereby incur the penalty aforesaid.

III. And be it enacted, That for and notwithstanding any thing in the thirteenth section, or in any other part of the said Act, no Inspector shall charge storage on Beef or Pork inspected by him, unless the same shall have been left in his store more than ten days after he shall have delivered to the proprietor or consignee thereof, a notice of the same having been inspected, or shall have delivered an Inspection Bill thereof to such proprietor or consignee.

IV. And be it enacted, That the said Act as amended by this Act, shall be and is hereby continued and made permanent, and shall remain in force until repealed by Act of the Provincial Parliament.

CAP. XXXI.

Preamble.

Punishment of parties damaging Telegraph wires, &c.

Who shall have jurisdiction.

How penalties shall be enforced, if not paid.

An Act to protect from injury Electro-Magnetic Telegraphs in this Province. [ 10th August, 1850.]

WH

"HEREAS it is necessary to protect from injury Electro-Magnetic Telegraph Lines in this Province: 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 if any person shall wilfully or maliciously cut, break, destroy, or injure any instrument, cap, wire, post or other erection, used for or by any Line of Electro-Magnetic Telegraph now or hereafter to be in operation in this Province, under any Act in force therein, or that may be passed by the Legislature thereof, or in any manner by any means impede or obstruct the action and operation of such Line, such person shall be punishable by imprisonment for not less than five days nor more than thirty days, or by fine not exceeding ten pounds, or by both, according to the discretion of the Magistrate before whom the offence shall be charged: That the jurisdiction over all offences against this Act shall be in any Justice of the Peace in any Parish, Village, City, Town or County where the offence was committed, or in which the offender may be found, and the proceedings thereon shall be summary; That the fine imposed may, if not forthwith paid, be levied, with all costs of the prosecution by Warrant of Distress against and by sale of the goods and chattels of the offender, or such offender may, (in the discretion of the Magistrate) whether imprisonment be or be not part of the sentence, be imprisoned for a period not exceeding thirty days, in addition to and after the expiration of any other imprisonment making part of his sentence, unless such fine and all expenses incurred in the prosecution be sooner paid; and all such fines, when collected, shall belong to the party aggrieved by and complaining of the offence, and be paid over to such party.

САР,

CAP. XXXII.

An Act for incorporating certain Charitable Philanthropic and Provident Associations, and for the effectual protection from fraud and misappropriation of the funds of the same.

WHE

[ 10th August, 1850. ]

HEREAS large and increasing numbers of all classes of the community have Preambler for some time past associated themselves together for the purpose of making provision for themselves and families, by contributing subscriptions or otherwise, against sickness, misfortune and death, and for the relief of the widows and orphan children of deceased members; And whereas the accumulated funds of such Associations (owing to the absence of legal protection,) have been subjected to great and serious losses from frauds and defalcations; And whereas it is expedient to encourage habits of providence and forethought amongst all Her Majesty's subjects: 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 it shall and may be lawful for any number of persons to unite for the purpose of making provision, by means of contributions, subscriptions, donations or otherwise, against the several contingencies of sickness, unavoidable misfortune or death, and for relieving the widows and orphan children of members deceased; and it shall and may be lawful for the members and officers of such associated body or Society, from time to time, to establish and maintain branches thereof, for and at the convenience of the respective members, but for so long only as the business transacted at the meetings of such Society, or any of the branches thereof, shall be confined exclusively to the objects herein set forth.

Any number of per

sons may associate mutual assistance in case of death, sick

for the purpose of

ness, &c.

They may elect
By-laws.

Officers and make

ciation.

They may acquire property to a certain the same, &c.

extent, and alienate

II. And be it enacted, That it shall and may be lawful for the Members of such Societies so constituted as aforesaid, to nominate, choose and appoint proper persons as Trustees, Treasurers, Secretaries or other officers, for conducting the business, discipline and management of such Societies, and to meet together from time to time to make, alter, rescind or frame by-laws, rules or regulations for the necessary government of, and for conducting the business of such Societies or any branches thereof, provided that such by-laws, rules and regulations, shall not contain any Proviso: as to the matter or thing contrary, repugnant to, or in violation of the laws, statutes or customs objects of the Assoof this Province, or be directed to the furtherance of any political or seditious object whatsoever. III. And be it enacted, That it shall and may be lawful for the Members of each of such Societies or bodies in its locality, by whatsoever name, designation, number or description such Society or body may be known, in the name of such Society or body, or in the name of the Presiding, or other Officer or Officers thereof, to acquire and take, by purchase, donation, devise or otherwise, and to hold for the use of the Members of such Societies, and according to the rules and regulations as aforesaid of the said Societies, all and every kind of personal property and also real property in the Province of Canada, not exceeding five acres, and to sell and alienate the same, whether acquired before or after the passing of this Act, and to purchase and acquire in the stead and place thereof any other real estate, not exceeding the quantity before mentioned; and Certain other corthat each of the said Societies shall have a common seal, and may change and alter the porate powers vested same at their will and pleasure, and by whatever name, designation, number or description they may severally be known, shall and may have continued succession, and may contract and be contracted with, sue, and be sued, plead, and be impleaded, answer and be answered unto, in all Courts and places whatsoever, in all actions, suits, complaints, matters and causes whatsoever.

156

IV,

in them.

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