Limitation of actions. tors, their Assistants or any other person suing for the same, in a summary way before any two of Her Majesty's Justices of the Peace of the District, and shall on failure of payment be levied by warrant of distress to be issued by such Justices against the goods and chattels of the offender; and when the same shall exceed the sum of ten pounds currency, they shall be sued for and recovered by bill, plaint or information, or action before any Court of competent jurisdiction, and levied by execution as in the case of debt; and one moiety of all such fines and forfeitures when recovered, shall (except when herein otherwise provided) be immediately paid into the hands of the Treasurer of the City, Town or place wherein the said action or prosecution shall have been instituted, and shall remain at the disposal of the Corporation thereof for the public use of the said City, Town or place respectively, and the other moiety shall belong to the person who shall sue for the same, unless the action be brought by an Officer of such Corporation, in which case the whole shall belong to the Corporation for the use aforesaid. XXII. And be it enacted, that if any action or suit be brought or commenced against any person or persons for any thing done in pursuance of this Act, such action or suit shall be commenced within six months next after the matter and thing done, and not afterwards :-And the defendant or defendants in such suit or action may plead the general issue and give this Act and the special matter in evidence at any trial to be had thereon, and if afterwards judgment shall be given for the defendant or defendants, or the plaintiff or plaintiffs shall be nonsuit or discontinue his or their action or actions after the defendant or defendants shall Treble costs. have appeared, then such defendant or defendants shall have treble costs awarded against such plaintiff or plaintiffs, and have the like remedy for the same as any defendant or defendants hath or have in other cases to recover costs at law. XXIII. And be it enacted that the foregoing provisions of this Act shall have When this force and effect upon, from and after the first day of January, in the year of our Act shall have Lord one thousand eight hundred and forty-three, and not before. force. CAP. CAP. VII. An Act to regulate the inspection and measurement of Timber, Masts, Spars, Deals, Staves, and other articles of a like nature, intended for Shipment and Exportation from this Province, and for other purposes relative to the same. [12th October, 1842.] Supervisor of HEREAS the several Acts of the Legislature of the late Province of Low- Preamble. er Canada, by which the Lumber Trade of that part of the Province was regulated, have expired; and whereas it is expedient and necessary to make Legislative provision for the regulation of the measurement and culling of Timber, Masts, Spars, Deals, Staves, and other articles of a like nature, intended for shipment and exportation from this Province, and for other matters relative to the same; 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 from and after the passing of this Act, it shall be lawful for the Mayor of the City of Quebec for the time being, by a Commission under his hand and seal, to constitute and appoint a fit and proper person, well skilled and practically acquainted with the Cullers to be Timber Trade of this Province, as Supervisor of Cullers, who shall have been previously examined as to his qualification by the Board of Examiners hereinafter appointed whose duty it shall be to be manage, supervise and control the culling, measuring, and examination of every description of Lumber as hereinafter prescribed; and who shall himself, with two responsible sureties, enter into bonds to Her Majesty, Her Heirs, and Successors in the penal sum of Three Thousand Pounds Currency, for the faithful discharge of his duty, and shall, before entering on the duties of his Office, take and subscribe the following oath, an oath. before any of Her Majesty's Justices of any Court of King's Bench, or other Court of Superior Civil Jurisdiction, that is to say:-" I., A. B., do solemnly The oath. "swear; that I will faithfully, truly and impartially, to the best of my skill and understanding, execute, do and perform, the Office and duty of Supervisor of "Cullers, according to the true intent and meaning of the Act, intituled An Act "to regulate the inspection and measurement of Timber, Masts, Spars, Deals, Staves, "and other articles of a like nature, intended for shipment and exportation from appointed. Supervisor to give security. And to take "this Province, and for other purposes relative to the same, that I will not either directly or indirectly, personally or by means of any other person or persons on my behalf, receive any fee, reward or gratuity whatever, by reason of any func"tion of my Office as Supervisor, except such as are allowed to me by the said "Act; and that I will not directly or indirectly, be a dealer in, or interested in "the buying or selling of any article of lumber, either on my own account, or on "account of any other person or persons whatsoever; and that I will act without Oath to be partiality, favor or affection, and to the best of my knowledge :-So help me filed of record. "God." Which oath and bond shall be filed and kept among the records of the Office of the Registrar of this Province. The Quebec to appoint a lers. Duties of such Board. II. And be it enacted, that it shall be the duty of the Board of Trade in QueBoard of Trade bec, to constitute and appoint in that City, at least seven, and not more than Board of Exa- eleven persons, one of whom shall be the Supervisor, to be a Board of Examiners miners of Cul- to examine and test the skill and qualifications of all applicants to be admitted and commissioned as Cullers; and such Board or a majority of them shall meet from time to time, as circumstances may require, when notified by the Supervisor so to do, at the Office of the Board of Trade, or of the Supervisor, to test the skill, capacity and qualifications of such applicants; and such Board of Examiners shall also meet at the Office of the Supervisor or Board of Trade Room, on Members to be the first Monday of January and May, in each year, to examine and test the skill, capacity and qualifications of all such applicants for licences as Cullers, and each member of the said Board, before acting as such, shall take the following Oath, (to be administered by a Justice of the Peace resident in the said City of Quebec,) that is to say "I, A. B., do solemnly swear that I will not directly or indirectly, personally or by means of any other person or persons on my behalf, "receive any fees, reward, or gratuity whatever, by reason of any function of my "Office as Examiner of Cullers; and that I will act without partiality, favor or "affection, and to the best of my knowledge :-So help me God." sworn. The oath. Who may be appointed Čullers. Culling to be four departments. แ : III. And be it enacted, that no person shall be recommended to be commissioned as a Culler, by such Board of Examiners, except he is in every way capable as to his knowledge, education, age and character, and practically acquainted with one or more of the departments of culling and measuring for which he applies to be licenced. IV, And be it enacted, that the duties of inspection and measurement shall be divided into divided into four different departments, that is to say: one department for the measurement and inspection of square Timber; one department for the inspection and measurement of Masts, Spars, Bowsprits, Oars, and Handspikes ; one department for the inspection and measurement of Staves; and one department for the inspection and measurement of Deals, Boards, Planks and Lathwood. Cullers may be licensed by the Governor. Proviso, as to their qualifica tion. V. And be it enacted, that it shall and may be lawful for the Governor, Lieutenant Governor, or Person administering the Government, to licence all duly qualified applicants as Cullers and Measurers, for one or more of the departments aforesaid; Provided always, that each such applicant shall produce a certificate of his fitness and qualification from the Board of Examiners, and such certificate shall be filed in the Supervisor's Office: And provided also, that such applicant shall himself, with two sufficient sureties, enter into bond to Her Majesty, Her Heirs and Successors, in the penal sum of Three Hundred Pounds Currency, for the faithful discharge of his duties, which bond shall be taken before the Supervisor, and shall also, before any of the Justices of any Court of And be sworn. King's Bench, or other Superior Court of Civil Jurisdiction, take and subscribe Proviso, they shall give se curity. the following Oath, that is to say :-" I, A. B., do solemnly swear, that I will Their oath. "faithfully, truly and impartially, to the best of my knowledge and understand แ แ ing, execute, do and perform, the duty of a Culler and Measurer of (here insert the description of the lumber of which he is to be a Culler and Measurer) VI. And be it enacted, that it shall be the duty of the said Supervisor of Cullers, to open an Office in a central and convenient place at the Port of Quebec, for the transaction of his duties, which Office shall be kept open by him or his deputy, 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 other times, during ordinary Office hours; and the said Supervisor shall employ such number of Cullers as may be necessary to do the work required in the different departments of cul Oath to be filed in the Office of the Supervisor's Office how to be kept. ling and measuring; and the duty of such Cullers in each department shall be Authority of performed by them in rotation; and the Supervisor shall have authority to dicthe Supervisor. tate the number of men required to be employed under the direction of the Cullers, for the expeditious culling of Timber, Deals, Staves, and every other description of lumber to avoid unnecessary delay. Lumber to be reported at the arrival within a limited riod. VII. And be it enacted, That it shall be the duty of every owner, or person port or place of in charge of any Raft of lumber, or of any Vessel, Boat, Scow, or Craft of kind having Lumber on board, to report the arrival of the same to the Suany pepervisor or Deputy Supervisor at the port or place at which such lumber is intended to be shipped sold or offered for sale, within twenty four hours after its arrival there, under a penalty of five Pounds Currency for each day during which he To be culled, shall neglect to report the same, and the supervisor or Deputy shall cause such lumber to be measured and marked within twenty four hours after receiving such report, with the exception of Staves and Deals which shall not be required to be measured or culled, until the owner thereof desire to land or unload the same. &c. in a ed period. limit Persons employed in assist ber to be sworn. The oath. VIII. And be it enacted, that all holders of measuring tapes, and scribers ing to measure of timber shall, before entering on their duties as such, take and subscribe beand mark Tim- fore some one of Her Majesty's Justices of the Peace, the following Oath, that is to say: I., A. B., do solemnly swear, that I will in all cases, give and mark the true measurement of every description of lumber on which I may be employed as holder of tape or scriber of timber; and that I will act without favor or affection-So help me God." Which Oath shall be filed in the Office of the Supervisor; Provided always, that persons so employed, shall in all cases, when practicable, be apprentices or candidates for becoming Cullers and Measurers. Proviso. be made. How specifiIX. And be it enacted, that it shall be the duty of every Culler to check and cations of Lum examine the entry of his measurement, and counting, on the books of the Superber culled and measured shall visor, and to sign a copied specification thereof; such specification having been checked and examined in the Office of the Supervisor, and to be countersigned by him or his deputy; which specification shall be furnished to the owner of the property or person entitled to the same, as soon as practicable after the measuring or culling of any Lumber is completed, if called for. Cullers to be employed in ro tation. Proviso. X. And be it enacted, that it shall be the duty of the Supervisor to record the several applications for measuring or culling every description of Lumber, when applied to so to do; and that the culling or measurement of the same shall be performed in rotation of registration; aud that the Supervisor shall within twelve business hours after such registry, send a Culler to do the measuring, culling or counting, so required, in any place whithin the Harbour of Quebec, provided the said Supervisor of Cullers has at the time required Cullers unemployed or obtainable. XI. |