tare.

XX. Every manufacturer or packer of Flour or Meal, who Penalty for shall undermark the tare of any barrel or half barrel, or shall put undermarking therein a less quantity of Flour or Meal than is branded thereon, shall incur a penalty of twenty shillings, currency, for every barrel or half barrel so undermarked or deficient: Provided always, Proviso. that such penalty shall not be recovered when and so often as the deficiency of weight shall appear to have been occasioned by some accident unknown to such manufacturer or packer, and which happened after the packing of the barrel or half barrel.

deficient in

XXI. If any person shall knowingly offer for sale any barrel Penalty for or half barrel of Flour or Meal, upon which the tare shall be knowingly undermarked, or in which there shall be a less quantity of offering flour Flour or Meal than is branded thereon, he shall forfeit the weight, sum of twenty shillings, currency, for every cask so undermarked or deficient, without prejudice to the civil remedy of any party aggrieved, for such other damage as he shall in that behalf sustain.

XXII. No Inspector or Assistant Inspector to be appointed in Penalty on pursuance of this Act, shall directly or indirectly trade or deal Inspector in Flour or Meal, or be concerned in any such trade, nor pur- flour in any dealing in chase any Flour or Meal of any description, otherwise than for way. the use and consumption of his family, or act as agent for any party for the sale or purchase of any Flour or Meal, under the penalty of fifty pounds, currency, for each and every offence, and of being immediately removed from the office, and of being disqualified from holding such office in future.

flour.

XXIII. In branding or marking the different qualities or des- Qualities of criptions of Flour, the same shall be designated as follows, viz: that of a very superior quality by the words "Extra Superfine," that of the second quality by the words "Fancy Superfine," that of the third quality by the words "Superfine "—that of the fourth quality by the words "Superfine Number two,' that of the fifth quality by the words "Fine "-that of the sixth quality by the words "Fine Middlings "—that of the seventh quality by the words "Ship Stuff" or "Pollards," and the quality called Farine entière by the letters E. N. T., by which Farine entière. latter description of Flour shall be understood the whole produce of the wheat when ground, excepting the coarse Bran and Pollards; and when the wheat from which Flour of any of the Kiln dried qualities had been manufactured was previously kiln dried, flour. the same shall be branded or marked by, the Packer on each and every barrel or half barrel, either at length or by the mark "Kiln D;" and in branding or marking the different qualities Qualities of of Rye Flour, Indian Meal, or Oatmeal, the words "Rye meal. Flour"" Indian Meal" or " Oatmeal" shall be plainly branded or marked on each and every barrel and half barrel, to designate the Grain from which the same is made ;-and the qualities shall be designated as follows, viz: that of a superior quality of Rye Flour by the word "Superfine, "--and that of

the

Samples of the several

qualities to be provided.

To be kept by the Board of Trade.

Weight of

and meal.

the second quality by the word " Fine, "-that of the Superfine qualities of Indian Meal or Oatmeal by the word "First, "— that of the second quality by the word "Second ",—that of the third quality by the word "Third. "

XXIV. Each Inspector of Flour and Meal shall, at his own expense, provide sufficient Samples of each of the qualities hereinbefore mentioned of Flour and Meal, such samples to be approved by the Board of Trade for the City or place for which the Inspector is appointed; and such Samples shall be renewed as often as may be requisite, by the Inspector, at his cost, and shall be kept by the Secretary of the said Board of Trade for the time being, to be referred to as occasion may require, and shall be the Standards by which the Inspector shall be governed in establishing the several qualities of Flour and Meal.

XXV. Every half barrel of Flour shall contain ninety-eight barrels of flour pounds net, and every barrel of Flour shall contain one hundred and ninety-six pounds net; every half barrel Rye Flour shall contain ninety-eight pounds net, and every barrel of Rye Flour shall contain one hundred and ninety-six pounds net; every half barrel Indian Meal shall contain ninety-eight pounds net, and every barrel of Indian Meal shall contain one hundred and ninety-six pounds net; every half barrel of Oatmeal shall contain one hundred and twelve pounds net, and every barrel of Oatmeal shall contain two hundred and twenty-four pounds net; And it shall be the duty of the Packer or Manufacturer, to brand, Packer's mark paint or mark the initials of his Christian Name, and also to brand, paint or mark his surname at full length, and the name of his mill or place of packing, the quality and weight of the Flour or Meal therein contained, and the tare of the cask, on one end of each and every barrel or half barrel of Flour or Meal packed for sale, in a plain and distinguishable manner, under a pecontravention. nalty of Two Shillings, currency, for each and every barrel or half barrel offered for sale or Inspection, with regard to which the requirements of this section shall not have been complied with.

Maker or

required.

Penalty for

Construction

barrels and

half barrels for flour.

XXVI. All Flour to be hereafter packed in this Province for and sizes of sale, shall be packed in good and strong barrels or half barrels of seasoned oak, elm or other hardwood timber, and made as nearly straight as may be, and the staves of such barrels shall be of the length of twenty-seven inches from croe to croe, and of half barrels of the length of twenty-two inches from croe to croe, with heads of the same; the diameter of the heads of the barrels shall be from sixteen and a half inches to seventeen inches, and of half barrels from thirteen and a half to fourteen inches; and such barrels and half barrels shall be well seasoned and bound with at least ten wooden hoops, of which three shall be at each end, with a lining hoop within the chimes, the whole well secured by nails, under the penalty of two shillings for each and

Penalty for using illegal

every cask offered for sale or exported, which shall not be one of barrels, &c. the foregoing description of barrels or half barrels.

returns of

XXVII. Each Inspector shall on Monday in each and every Inspectors to week, make out, sign and transmit to the Secretary of the make weekly Board of Trade, for the city or place for which he shall be ap-four or meal pointed, a statement of the quantity and quality of all Flour inspected. and Meal inspected or re-inspected by him or his Assistants during the next preceding week, and of all Flour or Meal by him or them weighed during such week and found deficient in weight, or in respect of which the tare shall have been falsely marked, stating also the Brand and manufacturers' names.

marks, or

marks;

XXVIII. If any manufacturer or packer of Flour of Meal, or Penalty for any person or persons whomsoever shall, with a fraudulent view effacing Inor intention, efface or cause to the effaced or obliterated from spector's any barrel or half barrel of Flour or Meal having undergone counterfeiting Inspection, all or any of the Inspector's marks, or shall coun- or altering terfeit any such mark or marks, or impress or brand any mark or marks purporting to be the mark or marks of the Inspector or of any manufacturer or packer, either with the proper marking tools of such Inspector, manufacturer or packer, or with counterfeit representations thereof, on any barrel or half barrel of Flour or Meal, or shall empty or partially empty any barrel or half barrel of Flour or Meal marked after or using old Inspection, in order to put into the same barrel or half barrels withbarrel other Flour or Meal, or shall use for the purpose marks; out removing of packing any Flour or Meal any old barrel or half barrel, without destroying the old brand marks before offering the same for sale, or (not being an Inspector or an Assistant Inspector appointed under this Act) shall brand or mark any Or using insFlour or Meal with the Inspector's marks, and if any person in pector's brands the employ of any manufacturer or packer of Flour or Meal without aushall hire or loan out the marks of his employer to any person whatsoever, or shall connive at or be privy to any fraudulent evasion of the provisions of this Act,-such person or persons so offending shall for every such offence, respectively, incur a penalty of fifty pounds, currency; and any Inspector or Assistant Inspector who shall inspect or brand or mark any Flour, or brand or mark any Flour or Meal, out of the limits for which he shall be appointed, or shall hire out his marks to any person or hiring out whatsoever, or shall connive at or be privy to any fraudulent brands. evasion of Inspection of Flour or Meal, by others, shall for each such offence incur a penalty of fifty pounds currency.

thority;

XXIX. All and every fines, penalties and forfeitures im- Recovery of posed by this Act, not exceeding ten pounds, currency, shall, penalties or except when it is otherwise hereinbefore provided, be recover- forfeitures. able by any Inspector or by any other person or persons suing for the same, in a summary way before any two of Her Majesty's Justices of the Peace for the place, in their ordinary or other Sessions, and may, in default of payment, be levied by

warrant

warrant of distress to be issued by such Justices against the goods and chattels of the offender; and where the same shall exceed ten pounds, currency, they may be sued for and recovered by any such Inspector or other person, by bill, plaint, information or civil action, in a Recorder's Court or in any other Court of competent jurisdiction, and be levied by execuApplication of tion as in case of debt; and the moiety of all such fines (except such as may be hereinbefore otherwise applied) when recovered, shall immediately be paid into the hands of the Treasurer of the City, Town or place, for the public uses of the Corporation thereof, and the other moiety shall belong to and be paid to the Inspector or other person who shall sue for the same; Provided always that if any Officer of such Corporation be the prosecutor, the whole penalty shall belong to the Corporation for the uses aforesaid.

penalties.

Limitation of

XXX. If any action or suit, not otherwise provided for, prosecutions. be brought or commenced against any person or persons for any thing done in pursuance of this Act, or contrary to the provisions thereof, such action or suit shall be commenced within six months next after the matter or thing done or omitGeneral issue. ted to be done, and not afterwards; and the Defendant or Defendants in such action or suit 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 Plaintiff being for the Defendant or Defendants, or the Plaintiff or Plaintiffs be non-suit, &c. non-suit or discontinue his or their action after the Defendant or Defendants shall 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.

Inspection not compulsory.

Word "Meal" interpreted.

Commence

XXXI. Nothing in this Act shall be construed to oblige any person to cause any Flour or Meal to be inspected, but if inspected, it shall be subject to the provisions of this Act, and shall not be marked or branded as inspected unless the said provisions have been in all respects complied with, as regard such Flour or Meal and the barrels or half barrels in which it is contained.

XXXII. The word "Meal," whenever it occurs in this Act, shall be construed to mean Indian Meal and Oatmeal.

XXXIII. The foregoing enactments of this Act shall have ment of Act. force and effect upon, from and after the first day of August, in the year of our Lord, one thousand eight hundred and fifty-six, and not before.

CAP.

CAP. LXXXVIII.

An Act to authorize the Judges of the Superior Court for Lower Canada to appoint Commissioners for taking Affidavits in Upper Canada.

[Assented to 1st July, 1856.]

WHEREAS it is desirable that the Judges of the Superior Preamble.

Court for Lower Canada, should have power to appoint Commissioners for taking Affidavits in Upper Canada: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

missioners to

used in the

I. It shall be lawful for the Chief Justice and any one of the Certain Judges Justices of the Superior Court for Lower Canada for the time in L. C., may being, or in the event of the death or absence from the Province appoint Comof the Chief Justice for the time being, for any two of the take affidavits Justices of the said Court for the time being, by one or more in U. C., to be commission or commissions under the seal of the said Court, Courts in L. C. from time to time to empower as many persons as they shall think fit and necessary in Upper Canada, to take and receive all and every such affidavit or affidavits as any person or persons shall be willing and desirous to make before any of the persons so empowered, in or concerning any cause, matter or thing depending, or hereafter to be depending, or in any wise concerning any of the proceedings to be had in the said Court, or in any other Court of Law of Record in Lower Canada; which said affidavits taken as aforesaid shall be filed in the Filing and Office of the said Courts respectively, in the District or Circuit effect of such to which the subject matter of such affidavit may relate and be affidavits. made use of in the said Courts respectively, to all intents and purposes as other affidavits taken in the said Courts respectively ought to be; and every affidavit taken as aforesaid, shall be of the same force as an affidavit taken in the said Courts respectively shall and may be.

of execution

II. Proof of the execution of any deed, will or probate thereof Such Commisor memorial of the same in Upper Canada, may, for purposes of sioners may registration in Lower Canada, be made before any of the Com- receive proof missioners to be appointed under the authority of this Act, in of Deed, &c., the same manner as such proof may now by law be made in to be used in Lower Canada.

CAP. LXXXIX.

An Act providing for the payment of dividends by
Insurance Companies.

[Assented to 1st July, 1856.]

L. C.

it is Preamble.

effecting Assurance with, and of the Subscribers to the

Stock