his, her or their possession, or shall otherwise obstruct or hinder such examination, shall be liable to a like penalty to be recovered and applied as aforesaid: Provided always, that no Proviso. such penalty shall be incurred in any Division, District or Locality, until two months at least after a Standard of Weights and Measures shall have been received by the Inspector appointed therefor according to law. 6.—And be it, &c., That if any person or persons shall Punishment make, forge or counterfeit, or cause or procure to be made, of persons forging forged or counterfeited, or knowingly act or assist in the mak- stamps, &c. ing, forging or counterfeiting any stamp or mark now used, or which may hereafter be legally used for the stamping or making of any Weights or Measures in any District or place in Upper Canada, each such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable, at the discretion of the Court, to be fined and imprisoned in the Common Gaol of the District where the conviction shall take place, provided such fine shall not exceed twenty pounds, and that such imprisonment shall not exceed three calendar months; and if any person shall knowingly sell, alter, dispose of or expose to sale any Weight or Measure, with such forged or counterfeit stamp or mark thereon, every person so offending shall, for every such offence, forfeit, on conviction, a sum not exceeding ten pounds, or less than forty shillings, to be recovered under the provisions of the fifth section of this Act; and that all Weights and Measures which such forged or counterfeited stamps or marks shall be forfeited, and the same be broken up by the Inspector. stamping Measures 7.-And be it, &c., That if any Inspector shall stamp, Penalty on brand or mark any Weight or Measure without having first Inspector duly compared and verified the same with and by the Standard Weights or Weights and Measures provided by Law for that purpose, or without due shall be guilty of a breach of any duty imposed upon him by examination this Act, he shall on conviction forfeit a sum not exceeding five pounds to be recovered and applied as aforesaid. 8.-And be it, &c., That for every Weight or Measure Fee to marked or stamped by any such Inspector, he shall be entitled Inspector. to demand and receive six pence, and no more. 9.-And whereas provision by Law is now made for pro- Recital. curing one set of Standard Weights and Measures only for each of the several Districts in Upper Canada; And whereas in several of such Districts a Division has been made for revenue or other purposes, and an Inspector appointed for each of such Divisions: Be it, &c., That in all such cases and in case of any with whom the Stand ards shall be deposited when there is more than one Inspec tor in a District. Proviso. Notice of Inspector's attending to stamps, &c. Present sion to the Inspectors under this Act. Division hereafter to be made, the Standard Weights and Measures for such Districts respectively shall be lodged for safe custody with such Inspector as the Magistrates in Quarter Sessions assembled may direct, for the use however of the several Inspectors within such Districts respectively: Provided always, that in the exercise of the various duties and functions imposed by this Act, every such Inspector shall be confined to his own Division. one 10. And be it, &c., That every such Inspector shall give month's notice in one or more newspapers of the District or Division in which he is acting, from time to time, and at least once in each year, of the different days and places to be appointed as aforesaid by the Magistrates in Quarter Sessions, when and where he will attend with the stamps and copies of the Standard Weights and Measures, to examine, compare and stamp all Weights and Measures made use of in buying or selling, if found correct. 11.-And be it, &c., That every Inspector of Weights and Inspectors to Measures appointed under the provisions of the Acts hereingive over the Standards in before mentioned and in part repealed, shall, on reasonable their posses demand, hand over to the proper Inspector appointed under the provisions of this Act, all and every Standard Weight and Measure, and all and every balance, and all and every stamp, brand or other machine, or copy thereof, in his custody as such Penalty for Inspector, under penalty of five pounds, for every refusal, to be recovered and applied in the same manner as other penalties imposed arising under the provisions of this Act. refusal. Municipall bodies appointing Inspectors may have coples of Standards the District adjusted by 12. And be it, &c., That whenever any Municipal Body, now or hereafter to be formed in or for any City, Town or Incorporated Village in Upper Canada, shall appoint an Inspector of Weights and Measures for such City, Town or Incorporated Village, every such Inspector may apply to the Inspector appointed or to be appointed under the previous Inspector. provisions of this Act, for the District, Division or County, within which such City, Town or Incorporated Village shall be situate, to adjust a copy of any of the Standard Weights and Measures for the use of such City, Town or Incorporated Village, by the Standard Weights and Measures in possession of or used by such Inspector; and upon producing to such Inspector such Weights and Measures as shall be required for such City, Town or Incorporated Village, it shall be the duty of the said Inspector carefully to compare and adjust, and to seal, stamp or mark the same as provided by law; and that stamping the the Inspector, for so doing, shall be entitled to the same fees Fees for same. District be trans or charges as for the like services in other cases: Provided Duties and always, that whenever any such Municipal Body shall have powers of appointed an Inspector of Weights and Measures, and obtained Inspector to such copies of the Standard Weights and Measures for the use ferred to the of any such City, Town or Incorporated Village, the powers, Inspector for duties and liabilities of the Inspectors appointed or to be pality. appointed under the previous provisions of this Act, as to such City, Town or Incorporated Village, shall cease, and thenceforth devolve upon and be exercised by the Inspector thereof. the Munici be delivered office. 13. And be it, &c., That whenever any Inspector of Standards to Weights and Measures shall be removed from office, or shall over to sucresign or remove from the place for which he shall have been cessors in appointed, it shall be the duty of the person so removed, resigning or removing, to deliver to his successor in office all the Beams, Stamps and Standard Weights and Measures in his possession as such Inspector, and that in case of the death of such Inspector, his representatives shall in like manner deliver the same to his successor in office, and that in case of refusal Action given or neglect to deliver such Standards entire and complete, in for standards addition to the penalties hereinbefore provided, the successor delivered. in office may maintain an action on the case, against the person or persons so refusing or neglecting, and recover double the value of such Standards as shall not have been delivered, and in every such action in which judgment shall be rendered for the plaintiff, he shall recover double costs, and one moiety of the damages recovered in every such action, shall be retained by the person recovering, and the other shall be applied in supplying such Standards as may be required in his office. not so sions given cases on the ed in sec. 38 14.-And be it, &c., That whenever any person shall be Appeal to convicted under this Act, before any Justice of the Peace, and Quarter Sesthe penalty which such person shall have been condemned to in certain pay shall exceed forty shillings currency, and such person shall conditions, think himself aggrieved by such conviction and condemnation, &c., mention such person may appeal to the next Court of General Quarter of 4 & 5 Vic. Sessions of the Peace which shall be holden not less than c. 26. twelve days after the day of such conviction, in like manner, and on the like conditions, and with the like effect, and subject to the like provisions as are provided with regard to appeals from conviction before Justices of the Peace, in and by the thirty-third and thirty-fourth sections of the Act passed in the Session held in the fourth and fifth years of Her Majesty's Reign, and intituled, An Act for consolidating and amending the Statutes in this Province relative to offences against the person. Preamble. Aprons or slides to dams to be in a certain manner. 12 VIC.-CAP. 87. An Act to amend an Act passed in the Parliament of Upper Canada in the ninth year of the Reign of His late Majesty King George the Fourth, intituled, An Act to provide for the construction of Aprons to Mill Dams over certain Streams in this Province, and to make further provision in respect thereof. [30th May, 1849.] WHEREAS it is necessary to declare that Aprons to Mill Dams which are now required by Law to be built and maintained by the owners and occupiers thereof in Upper Canada, should be so constructed as to allow a sufficient draught of water to pass over such Aprons as shall be adequate in the ordinary flow of the Streams to permit Saw Logs and other Lumber to pass over the same without obstructions: Be it, &c., That on, from and after the first day of October next, it shall be the duty of each and every owner or occupier of any Mill constructed Dam at which an Apron or Slide is by the said Act required to be constructed, so to have altered, and if not already built, to have constructed such Apron or Slide so as to afford depth of water sufficient to admit of the passage over such Apron or Slide of such Saw Logs, Lumber and Timber, as are usually floated down such Streams or Rivers whereon such Dams shall be erected; Provided always, that every such owner or occuWater gates pier of any such Dam may construct a Waste Gate or put up Brackets and Slash Boards in, upon and across any such Apron for the purpose of preventing any unnecessary waste of water therefrom, and to keep the same closed at all times when no person or persons shall be ready and require to pass or float any Craft, Lumber or Saw Logs over any such Apron or Slide, but not until such Craft, Raft, Lumber or Saw Logs shall have Proviso as to gained the main channel of the Stream: Provided also, that no person shall be required to build such Aprons or Slides on small Streams unless required for the purposes of rafting or floating down Lumber and Saw Logs as aforesaid. Proviso: and slash boards may be used on the dam on certain con ditions. certain small streams. regard to the nabee. Special pro2. And be it, &c., That no Apron to any Mill Dam on the vision with River Otonabee, shall be less than thirty-two feet wide by an River Otto- inclined plane of five feet to a perpendicular of one foot, and so in proportion to the height of the Dam; and that side pieces of at least one foot in height, shall be fixed on the outsides of every such Apron to confine the water and prevent the timber from falling off at the sides. Penalty on owners of dams 3.-And be it, &c., That every owner or occupier of any such Dam, who shall neglect or refuse to make and construct, Act. if not already made and constructed, and keep in repair an neglecting to Apron of such description as aforesaid, shall pay a penalty of comply with the requireten shillings per day, for every day during which such owner ments of this or occupier shall have neglected to comply with the requirements of this Act, and such penalty shall be recoverable before How recoverany two Justices of the Peace for the District in which the able. offence shall have been committed, on the oath of two credible Witnesses, and if not paid, shall be levied by distress and sale of the goods and chattels of the offender, by a Warrant under the hand and seal of such Justices or either of them, and shall How applied. be paid to the Treasurer of the Municipal Corporation having jurisdiction within the locality where such Dam shall be erected, for the general uses of the Municipality. 4.-Provided always, and be it, &c., That in case any Apron now constructed or hereafter to be constructed shall be carried away, destroyed or damaged by flood or otherwise, the owner or occupier of the dam to which the same was attached, shall not be liable to such penalty as aforesaid, provided such Apron be repaired or constructed in conformity to this Act, so soon as the state of the Stream shall be such as to permit such owner or occupier to repair or re-construct the same with safety; but if he fail then to repair or re-construct such Apron, he shall be liable to the penalty aforesaid. A certain time allowed ried away or logs, &c., streams in Canada. such persons 5.-And be it, &c., That it shall be lawful for all persons All persons to float Saw Logs and other Timber Rafts and Craft down all may float Streams in Upper Canada, during the Spring, Summer and down Autumn Freshets, and that no person shall, by felling trees or Upper placing any other obstruction in or across such Stream, prevent the passage thereof; Provided always, that no person using Proviso: such Stream in manner and for the purposes aforesaid, shall not to alter, injure or destroy any Dam or other useful erection in or damage any upon the bed of or across any such Stream, or do any unne- structure on cessary damage thereto or on the banks of such Stream; pro- streams. vided there shall be a convenient Apron, Slides, Gate, Lock, Provided or opening in any such Dam or other structure made for the they have passage of all Saw Logs and other Timber, Rafts and Crafts &c. authorized to be floated down such Stream as aforesaid. 12 VIC.-CAP. 90. An Act to substitute Yearly Returns for the Quarterly Returns required of Clergymen and others by the Sixteenth Section of the Census Act. [25th April, 1849.] dam or other such proper slides, WHEREAS it is unnecessary that the Returns hereinafter Preamble. mentioned should be made oftener than once in each year: |