7. Nothing contained in the foregoing sections shall pre- Casks containvent the branding of casks containing any small fish usually ing small fish packed whole, provided the same shall have been fully packed, packed whole. close, edgewise, and properly salted with good coarse wholesome dry salt, in quantity sufficient only for their due preser

vation.

S. No red and smoked herrings shall be so branded, unless How herrings they be well and sufficiently cured and saved, and carefully must be packand properly packed in good and substantial barrels, half ed. barrels, kegs or boxes, and each box of herrings shall weigh

at least twenty-five pounds.

merchantable

9. It shall be the duty of each Inspector, when called upon what quality to inspect any fish of the description above mentioned, carefully of fish shall and attentively to examine each and every cask or box submitted be branded as to him for inspection; and if such fish be of a good quality, in No. 1 ; wholesome pickle and clean salt, and in every way in good order, free from taint, rust, oil and damage, well and properly packed in good, tight and substantial tierces, half tierces, barrels or half barrels, kegs or boxes as hereinabove provided, the Inspector shall brand on the heads or butts of each cask or box so by him inspected, in large and legible letters, the words Salmon, Mackerel or Herrings, (as the case may be,) Quebec or Montreal, (or as the case may be,) Inspected Merchantable, No. 1; and such as shall be found of an inferior or second quality, or carelessly or badly packed, or in insufficient casks, kegs or boxes, or not in every respect as hereinabove required, shall by such Inspector be branded forthwith on the head or butt of the cask, keg or box with the words "Inspected No 2," And what as and the third quality of fish shall be marked "Inferior No. merchantable No. 2; 3;" and the name of the Inspector, and the place, year and month of inspection, shall be marked on the package in all cases of inspection. And if it shall appear to the Inspector that a part of the fish inspected by him, is sound and a part unsound, he shall separate the sound from the unsound, repack the sound fish, and brand it according to its quality, and such portion as the inspector shall judge not capable of preservation, he shall condemn as bad.

And what as

inferior No. 3.

Sound and

unsound fish to be separ

ated, &c.

10. If any Inspector shall find fish of two or more kinds or Mixed fish to qualities intermixed in the same cask, although the same may be marked as be well cured and otherwise in good order, it shall be his duty such. to brand upon such cask the words "Inspected, Mixed," both in

large and legible characters.

11. Each of the said Inspectors shall in like manner, when Inspection of called upon, carefully inspect all the sorts of oil hereinafter men- oil to be made tioned, and shall paint on the head of the casks in which such in like manoil may be contained the words Seal Oil, Whale Oil, (as the case may be,) and with the name of the Inspector, the place, with the contents and outs of each cask.

ner.

Penalty on Inspector branding without inspecting, or lending his brands, &c.

Penalty.

12. If any Inspector shall brand any cask, keg or box of any description of fish or oil mentioned in this Act, the contents of which he has not inspected according to the true intent and meaning of this Act, or if he shall knowingly permit any other person or persons to use his brands, he shall, on being thereof convicted, incur a penalty of twenty shillings currency, for each cask, keg or box so branded, contrary to the provisions of this Act, and shall forthwith be removed from office.

Penalty on 13. Any person, other than an Inspector appointed under this persons fraud- Act, who shall wilfully efface or obliterate, or cause to be ulently efeffaced or obliterated, from any cask, keg or box, having underfacing or impressing gone inspection, all or any of the brands or marks thereupon imbrand, &c. printed or branded by any Inspector, or shall fraudulently impress or brand upon any cask, keg or box, any of the brands or marks by this Act required to be branded on casks, kegs or boxes containing fish or oil so inspected as aforesaid, or shall empty any cask, keg or box already branded, in order to put other fish or oil therein for sale or exportation, shall, on conviction for each such offence, incur a penalty not exceeding twenty pounds currency.

or oil.

Inspectors not 14. It shall not be lawful for any Inspector appointed under to deal in fish the authority of this Act, to trade in, buy or sell directly or indirectly (otherwise than for the consumption of himself and family,) fish or oil of any kind or description to which this Act relates, under the penalty of twenty-five pounds currency, for each act of contravention or disobedience of the provisions of this section, and on pain of being dismissed from office.

Fees to Inspectors for

15. Each Inspector to be appointed under the authority of this Act, shall, for the services which may be by him perservices under formed as such, be entitled to the following rates or allowances from the persons employing him, and no more, that is to say:

this Act.

1. For each tierce of salmon, salmon-trout or sea-trout inspected and branded, one shilling and three pence currency;

2. For each half tierce of salmon, salmon-trout or sea-trout so inspected and branded, seven pence and a half penny currency;

3. For each barrel of salmon, salmon-trout or sea-trout inspected and branded, seven pence and a half penny currency;

4. For each half barrel of salmon, salmon-trout or sea-trout so inspected and branded, six pence currency;

5. For each tierce of mackerel inspected and branded, one shilling and three pence currency;

6. For each half tierce of mackerel so inspected and branded, seven pence and a half penny currency;

7. For each barrel of mackerel inspected and branded, seven pence and a half penny currency ;

8. For each half barrel of mackerel so inspected and branded, six pence currency ;

9. For each tierce of herring inspected and branded, one shilling and three pence currency;

10. For each half tierce of herring so inspected and branded, seven pence and a half penny currency;

11. For each barrel of herring inspected and branded, seven pence and a half penny currency;

12. For each half barrel of herring so inspected and branded, six pence currency ;

13. For each tierce of shad inspected and branded, one shilling and three pence currency;

14. For each half tierce of shad so inspected and branded, seven pence and a half penny currency;

15. For each barrel of shad inspected and branded, seven pence and a half penny currency;

16. For each half barrel of shad so inspected and branded, six pence currency;

17. For each tierce of white fish so branded and inspected, one shilling and three pence currency ;

18. For each half tierce of white fish so branded and inspected, seven pence and a half penny currency;

19. For each barrel of white fish so branded and inspected, seven pence and a half penny currency;

20. For each half barrel of white fish so branded and inspected, six pence currency;

21. For each box of herring, one penny;

22. For each cask of oil containing twenty-eight gallons inspected and branded, one shilling currency;

23. For each tierce of oil, one shilling and one penny currency;

Expense of cooperage, &c.,

to be allowed extra.

Allowance for

24. For each hogshead of oil, one shilling and three pence

currency;

25. And for each puncheon of oil, one shilling and three pence

currency;

26. And all such rates and allowances shall be over and above the expense of cooperage, and washing, cleaning and repacking any salmon or fish, which such inspector may incur in the due and faithful execution of his duty.

27. And for liming or white-washing with lime the heads or liming heads butts of any vessel of any description containing oil, the Inspector having performed such duty shall be entitled to two

of barrels.

Dry or green codfish may be inspected.

Owner of fish or oil may employ his own cooper,

under superintendence of Inspector.

Differences between Inspector and

Owner of

pence currency.

16. Nothing in this Act shall prevent any dry or green codfish from being inspected, or the Inspector from giving a certificate stating the quantity and quality thereof, inspected and shipped on board of any vessel, and for each quintal so inspected and branded, he shall receive one penny, and for each draft of green fish, one penny currency.

17. It shall be lawful for any person causing his fish or oil to be inspected, to employ at his own cost and charges, a cooper to attend upon and assist the Inspector in the performance of his duty, in which case the Inspector shall not be allowed any charge for cooperage, and the cooper so employed shall be governed and guided solely by the directions which he shall receive from the inspector, with respect to any fish or oil by him inspected, and not by any other person whom

soever.

18. In case of any dispute between any Inspector and his Employer, reference shall be had to another Inspector, and his decision shall be final, and should the opinion of the Inspector fish, &c., how be sustained, the expence incurred shall be paid by the owner of the fish, but if otherwise, then the Inspector shall pay the cost incurred by the arbitration.

settled.

Proper tim

ber for fish casks.

Application of fines, &c.

Limitation of actions.

19. All casks that are used for the packing of salmon, herring, mackerel, salmon, salmon-trout, white fish or shad, or any other kinds of fish, shall be made of good sound wood, of cedar, pine, spruce, fir or hardwood, and each barrel or cask, if of soft wood, shall have a hardwood bung stave.

20. One moiety of the pecuniary fines and of the forfeitures under this Act, shall belong to Her Majesty, and the other moiety to the complainant.

21. All penalties incurred under this Act must be sued for within three months from the commission of the offence.

22. Any offender who shall not forthwith pay the fine Imprisonment and costs he may have been condemned to pay, shall be com- for non-paymitted to Gaol for a term of not less than one month, nor more ment of fine. than six months, at the discretion of the Magistrate before whom the offender may have been convicted.

23. Every penalty or forfeiture imposed by this Act or Recovery of the regulations to be made under it, may be recovered on com- penalties, &c. plaint before the Superintendent of fisheries, or any Stipendiary or other Magistrate, in a summary manner, and the proceedings and the costs to be recovered shall be the same as is provided by law in either Section of the Province in other cases where summary jurisdiction is given to Magistrates.

spectors.

24. Each Inspector of Fish shall annually, on or before the Annual refirst day of January in each year, make a return to the turns by InCommissioner of Public Lands or to the Superintendent of Fisheries, shewing the quantity of fish inspected by him, and the names of the owners of the said fish, together with the quality and species thereof respectively.

CAP. X XXVI.

An Act to provide for the Inspection of Sole Leather.

[Assented to 24th June, 1858.]

Sole Leather in this Province: Therefore, Her Majesty,

it is expedient to Preamble.

by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

1. It shall be lawful for the Boards of Trade of the Cities of Examiners of Montreal and Toronto each to appoint a Board of Examiners of applicants for Applicants for the office of Inspector of Sole Leather, and from the office of Inspector to time to time to remove such Examiners and appoint others in be appointed. their stead, and each of such Boards of Examiners shall consist of five persons of experience and practice in the manufacture, or acquainted with the qualities of Leather; and such Examiners shall, before acting as such, severally take and subscribe the oath contained in the Form A to this Act annexed.

2. It shall be lawful for the Governor in Council, upon the Inspectors to receipt of any requisition signed by not less than ten persons be appointed engaged in the manufacture or consumption of Sole Leather in on requisition. any incorporated City or Town in this Province, setting forth the necessity of the appointment of an Inspector of Sole Leather in such City or Town, to nominate and appoint an Inspector of Sole Leather for the said City or Town, and from time to time to remove the said Inspector and appoint another in his stead; but From among no person shall be appointed an Inspector of Sole Leather who persons who shall