MONEY LENDERS' ACT.—Continued. 8. Exception in case of bona fide holder of a negotiable instrument. The bona fide holder, before maturity, of a negotiable instrument discounted by a preceding holder at a rate of interest exceeding that authorized by this Act, may nevertheless recover the amount thereof, but the party discharging such instrument may reclaim from the money-lender any amount paid thereon for interest or discount in excess of the amount allowed by this Act. Sec. 9. Existing contracts and existing judgments. The principal of any sum of money, originally under five hundred. dollars, due and payable before the thirteenth day of July, one thousand nine hundred and six, in virtue of any negotiable instrument given to a money-lender, or of any contract or agreement entered into with such money-lender in respect of money lent by him, shall not, from and after the said date, bear a rate of interest greater than twelve per centum per annum; and from and after the said date no rate of interest greater than five per centum per annum shall be recovered upon any judgment, rendered before the said date, upon any such negotiable instrument, contract or agreement for the payment of money lent by a money-lender, and which allows a greater rate than five per centum per annum. Sec. 10. Unmatured instruments and contracts. In the case of any such negotiable instrument made before the thirteenth day of July, one thousand nine hundred and six, and maturing after the said date, and in the case of any such contract or agreement made before the said date and to be performed thereafter, the foregoing provisions of this Act shall apply only from the date of maturity or performance, as the case may be. Sec. 11. Penalty. Every money-lender is guilty of an indictable offence and liable to imprisonment for a term not exceeding one year, or to a penalty not exceeding one thousand dollars, who lends money at a rate of interest greater than that authorized by this Act. THE ADULTERATION ACT. (R. S., 1906, c. 133) Sec. 2. Sec. 2. Definitions. In this Act, unless the context otherwise requires, (a) Minister' means the Minister of Inland Revenue. Added. (e) 'officer,' meaning of. Unchanged. (f) analyst,' meaning of. Unchanged. 3. Adulterated Food. Food shall be deemed to be adulterated within the meaning of this Act, (a) if any substance has been mixed with it so as to reduce or lower or injuriously affect its quality or strength; (b) if any inferior or cheaper substance has (c) if any valuable constituent of the article (f) if it contains any added poisonous ingre- (g) if its strength or purity falls below the standard, or its constituents are present in quantity not within the limits of variability fixed by the Governor in Council as hereinafter provided; (h) if it is so coloured or coated or polished or powdered that damage is concealed, or if it is made to appear better or of greater value than it really is; (i) in the case of milk or butter, if it is the produce of a diseased animal or of an animal fed upon unwholesome food. Slightly altered in the wording. It has been held in England that where a purchaser asks only for "milk," no offence is committed by selling skimmed milk. (11) But see section 23, post, of our Act, which provides that cans in (11) Lane v. Collins, 54 L. J. M. C., 76. which skimmed milk is sold must bear on their exterior the word Skimmed in letters of not less than two inches in length and be served in measures similarly marked. The physical condition of the milk supplied is the test, irrespective of the intent. (12) Sec. 15. Sec. 16. Sec. 17. Sec. 4. Articles adulterated so as to be injurious to health. The following articles sold, offered or exposed for sale shall be deemed to have (a) Milk, after any valuable constituent of (c) Alcoholic, fermented or other potable Sec. 21 (a) Sec. 5. Adulteration of Honey. Feeding bees with sugar, except for the purpose of being consumed by them as food, or with glucose or any sweet substance other than such bees gather from natural sources, with the intent that the same shall be used by the bees in the making of honey, or, excepting as aforesaid, the exposing of any such substance with such intent, shall be deemed a wilful adulteration of honey within the meaning of this Act. Sec. 2. Sec. Slightly changed in the wording. 6. Adulterated agricultural fertilizer. - Every agricultural fertilizer sold, offered or exposed for sale shall be deemed to be adulterated within the meaning of this Act,(a) if the chemical analysis thereof shows a deficiency of more than one per centum of any of the chemical substances the (12) R. v. McIntosh, 33 C. L. J., 246. 2ND EDIT. REVISED STATUTES 1906 REMARKS percentages whereof are to be specified in (b) if it contains less than the minimum per- The new Fertilizers Act is R. S., 1906, c. 132. Sec. 2 (f) Sec. 7. Adulterated Drugs. Every drug shall be deemed to be adulterated within the meaning of this Act if its strength, quality or purity falls below the professed standard under which it is sold, or if, when offered or exposed for sale under or by a name,— (a) recognized in the edition of 1898 of the British Pharmacopoeia; or, (b) recognized in any foreign pharmacopoeia, such as Le Codex Medicamentarius in France, or the Pharmacopoeia of the United States, with the name of such pharmacopoeia plainly labelled upon it; or, (c), which is not recognized in any pharmacopoeia, but is found in some generally recognized standard work on materia medica or chemistry; it differs from the standard of strength, quality or purity laid down therein. ANALYSIS. Appointment of analysts, examiners and inspectors. Sections 8, 9, 10, 11, 12 and 13, contain provisions for the appointment of analysts of food, drugs, agricultural fertilizers, etc., and for the appointment of food examiners and for the appointment of inspectors of samples of food, drugs or agricultural fertilizers suspected to be adulterated; and sections 14 to 19 relate to the method of obtaining and analysing samples of food, etc. ADULTERATION. Sec. 14. Sec. 20. General Prohibition against Adulteration. 13 Unchanged. 2ND EDIT. REVISED STATUTES 1906 REMARKS Sec. 21. False marking. - No person shall mark, brand or label any article or any package containing any article mentioned in the first column of the fourth schedule to this Act, with the word Pure, Genuine, or any word equivalent thereto, or sell or offer or expose for sale, any such article or package so marked, branded, stamped or labelled, unless such article or the contents of such package are pure within the meaning of the second column of the said schedule. (13) Sec. 22. Illegal sale. No person shall sell, or offer or expose for sale, any article or any substance for domestic use under the name or designation contained in the first column of the fifth schedule to this Act, unless such article or substance is free from adulteration or admixture of foreign matter and unless it possesses the composition and distinguishing characteristics stated in the second column of the said schedule. (14) Sec. 15. Sec. 23. Skim milk. Milk from which the cream has been removed by skimming, or by a separator or creamer, may be sold as skim milk, if contained in cans bearing upon their exterior the word Skimmed in letters of not less than two inches in length and served in measures also similarly marked: Provided that any person supplying such skim milk, unless such quality of milk has been asked for by the purchaser shall not be protected by this section from any prosecution on account of any violation of this Act. Sec. 2 (g) Sec. 24. Exceptions, with regard to additions of uninjurious ingredients to food or drugs, as to mixtures, patent medicines, compounds, etc. Altered in wording, but not in meaning. Exemptions; and standards of quality. These two sections provide that the Governor in Council may, by orders in Council, published in the Canada Gazette, declare from time to time that certain articles or See. 18. Sec. 25 (13) Taken from the 57-58 Vic., c. 37, sec. 1. (14) Taken from the 57-58 Vic., c. 37. sec. 2. |