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2. The second sub-section of the said seventh section is Subs. 2 hereby repealed; and the third and following sub-sections repealed. of the said seventh section shall be read as the second and following sub-sections of the said seventh section of the said Act.

3. So much of the twenty-first section of the said Act as Repeal of part continues in force in the Province of Nova Scotia, the of 31 Vic., c. 60, continuing Revised Statute of Nova Scotia, "Of River Fisheries," and Acts hereby certain Acts of the legislature of the Province of Nova repealed. Scotia amending the same, as in the next section mentioned, and all regulations adopted in pursuance of the said chapter of the said Revised Statutes, or of the said Acts amending the same, are hereby repealed.

4. The following Statutes of the legislature of Nova Acts of N.S. Scotia, are hereby repealed, that is to say :

Chapter ninety-five of the Revised Statutes of Nova Scotia, third Series" Of River Fisheries ;"

The Act (twenty-eighth Victoria, chapter thirty-five) intituled: "An Act to amend chapter ninety-five of the Revised Statutes Of River Fisheries;'

The Act (twenty-ninth Victoria, chapter thirty-six,) intituled: "An Act to amend Chapter ninety-five of the Revised Statutes Of River Fisheries :""

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repealed.

clause.

But the repeal of these Acts shall not revive any Act or Saving provision of law repealed by such Acts or any of them, or prevent the effect of any saving clauses therein, or affect any offence committed, penalty or liability incurred, right acquired, or act done before such repeal,-as to which the said Acts and any regulations made under them shall remain in force.

CHAP. 34.

An Act to amend the Act Chapter forty-six of the Consolidated Statutes of Canada, intituled "An Act respecting the Culling and Measuring of Timber."

[Assented to 8th April, 1875.]

HER Majesty, by and with the advice and consent of the Preamble.

Senate and House of Commons of Canada, enacts as

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1. The following sections of the forty-sixth chapter of Parts of Con. the Consolidated Statutes of Canada, namely:- sections

Stat. Can. cap. 46,

five, repealed.

Deputy

five, six, eleven, twelve, thirteen, fourteen, seventeen, eighteen, nineteen, twenty, twenty-four, thirty, thirty-one, thirty-two, thirty-three, thirty-five, forty, together with all such parts of the said Act as are inconsistent with the provisions of this Act, are hereby repealed.

2. In addition to the Supervisor of Cullers appointed as Supervisors. is provided in the Act hereby amended, there shall be such Appointment. number of Deputy Supervisors as the Governor in Council may, from time to time, determine.

To give security.

Oath of office.

As to form of

Cullers.

(1.) Each of the Deputy Supervisors shall himself with two responsible sureties enter into bonds to Her Majesty in the penal sum of two thousand dollars each for the faithful discharge of his duty, and such bonds shall enure to the benefit of all parties damnified by the misfeasance or malfeasance of the Deputy Supervisor; and any of the parties so damnified may recover from the Deputy Supervisor and his sureties upon such bond to the amount to which they have been so damnified.

(2.) Every Deputy Supervisor shall take and subscribe to the oath prescribed for the Supervisor in so far as it is ap plicable to the said deputy, before one of Her Majesty's Justices of the Peace, and the same shall be fyled in the Department of Inland Revenue.

3. Every certificate issued by the Board of Examiners certificate to appointed under the provisions of the Act hereby amended, shall state the qualifications of the person to whom such certificate is issued, and what description of culling he is best qualified to perform.

Regulations

4. The Governor in Council may, from time to time, make as to licenses. such regulations as to the manner of granting licenses to cullers as he may deem necessary.

Qualification

or Deputy.

5. No person shall be appointed as Supervisor or Deputy of Supervisor Supervisor of Cullers, or as a culler, until he has obtained a certificate of qualification in the manner prescribed in the Act hereby amended.

Appointment of Cullers; number.

Officers and

Cullers subject to Revenue Management Acts.

6. The Governor in Council may appoint such number of qualified cullers duly licensed in the manner provided in the Act hereby amended, as may be necessary for the proper performance of the work of culling timber, deals, boards, staves and other articles in the manner provided in the said Act, and may assign to them such fees as may, from time to time, be deemed proper.

7. The Supervisor and Deputy Supervisors of Cullers, and all cullers appointed or holding office under this Act shall be

officers

officers of the Department of Inland Revenue, and shall be subject to all the provisions of the Acts respecting the collection and management of the public revenues, and as to surety by public off cers, and shall also be subject to such Departmental regulations as to hours of service, as may, from time to time, be made.

instruments.

8. Every culler shall be provided with such measuring Cullers must rods, tapes, and other measuring instruments as may be di- have certain rected by departmental regulations, all of which shall be in accordance with the standard measures of the Dominion, and shall bear the verification marks of the Standards Branch of the Inland Revenue Department. Each culler shall also be provided with such scribing knife or knives, and such stamp or stamps as may be necessary for marking the articles culled by him, with the initials of his name, and with the capital letters distinguishing the quality, as follows:

M. Which shall denote what is merchantable;

U. Which shall denote what is sound and of mer-
chantable quality but under merchantable size;

S. Which shall denote what is of second quality;

T. Which shall denote what is of third quality ;

R. Which shall denote what is rejected and unmer-
chantable,-

Marks of quality of timber.

Which marks shall be indented or stamped on the end of Where to be each article of lumber culled in terms of the merchantable put. standard prescribed in the Act first above cited, except as to West India and barrel staves, boards, deals, lathwood and hand-spikes.

9. Every culler shall check and examine the entry of Cullers to his measurements and of culling and counting on the check and books of the supervisor, and sign such entry and calculations ments on the on the said books.

sign measure

office books.

make tariff

10. The Governor in Council may, from time to time, raise Governor in or lower the tariff of fees and charges for culling and Council to measuring and counting off, established by the Act hereby of fees. amended in such manner as to meet and defray, as nearly as possible, the expenses of the Supervisor's office, and the payment of salaries to the Supervisor, and the Deputy Supervisors employed under this Act.

11. An office shall be opened in some convenient place at Offices for the Port of Quebec, which shall be known as the Supervisor culling of Cullers' office, and such other offices shall be opened for the

Deputy

duties.

Governor in

Council may make regulations for giving effect to this Act.

Deputy Supervisors of Cullers, and at such place as raay be determined by the Governor in Council; and every such office shall be kept open on all lawful days from six o'clock in the forenoon to six o'clock in the afternoon during the open season of navigation, and at all other times during ordinary office hours.

12. The Governor in Council may make such regulations as may be, from time to time, necessary for giving effect to the provisions of this Act, and the Act hereby amended; and may apply such funds as have been collected, or as may hereafter be collected over and above the cost of the Culler's office to the granting of gratuities to such of the cullers Gratuities to employed at the time of the passing of this Act as are incapdecayed able by reason of age, infirmity, or otherwise from pursuing their business of culling, or whose services may no longer be required.

cullers.

Interpretation.

Short title.

13. The words "timber" or "lumber," include all articles subject to inspection, culling or counting under the Act hereby amended, or this Act.

14. This Act shall be read and construed as one Act with the Act chapter forty-six of the Consolidated Statutes of Canada, and may be cited as " The Cullers' Act of 1875."

Preamble. 31 V., c. 44.

Duty repealed.

СНАГ. 35.

An Act to repeal the export duty on Stave Bolts and
Oak Logs.

[Assented to 8th April, 1875.]

THEREAS it is expedient to amend the Act 31 Victoria, Chapter 44, so far as the same relates to the collection of export duties upon stave bolts and oak logs, as provided under Schedule F of the said Act: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The export duty upon stave bolts and oak logs is hereby repealed.

CHAP.

CHAP. 36.

An Act to compel persons delivering certain Merchantable Liquids in Casks to mark on such casks the capacity thereof.

[Assented to 8th April, 1875.]

ER Majesty, by and with the advice and consent of Preamble. the Senate and House of Commons of Canada, enacts

as follows:

subject to

1. From and after the first day of July, one thousand After 1st eight hundred and seventy-five, it shall not be lawful to July, 1875, capacity of deliver in a cask, to the purchaser, any malt liquors cask containor any other liquids subject to excise that has been ing liquids put into such cask in Canada, unless the capacity of Excise, to be the cask in which delivery is made, is legibly marked marked on bung stave. in gallons, and parts of a gallon, on the bung stave thereof; such marking to be cut or branded in the wood, in characters not less than one inch and a quarter in height : Except only that such marking shall not be necessary on casks on which Exception. the quantity of liquid then contained in them has been marked or verified in compliance with excise regulations then in force.

2. For the purpose of this Act a "Cask" shall mean and Interpretainclude every vessel constructed for holding liquids, of tion. staves and headings bound together by hoops.

3 Every public gauger or other person who

(a) Marks or causes to be marked on any cask as its capa- Offences city, a quantity greater than such cask will hold, or

(b.) Who uses or causes to be used for the delivery to a purchaser of any malt liquors or any other liquid subject to excise put into a cask in Canada, any cask so falsely marked,

or

(c.) Who delivers any such liquid put into a cask in Canada, except as herein provided, in a cask not marked as herein required,

against this Act.

Shall be guilty of an offence against this Act, and shall Penalty for incur a penalty of ten dollars for every cask so falsely marked such offences. or so used without being first properly marked, and a penalty of double the amount for every subsequent offence.

be ascertained

4. The capacity of any cask shall in all cases of dispute be How the determined by the weight of rain-water it will hold, the water capacity shall being at a temperature of sixty-two degrees of Fahrenheit's in case of thermometer dispute.

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