« السابقةمتابعة »
“I, A. B., do swear that I will diligently, faithfully, and The oath. 6 impartially execute the office of Assistant to the Inspec“tor of Pot and Pearl Ashes for « according to the true intent and meaning of an Act of “ the Legislature of this Province, intituled, An Act to “ regulate ihe Inspection of Pot and Pearl Ashes, and that “ I will not directly or indirectly, personally or by means of 4 any person or persons in my behalf, receive any fee, reward " or gratuity whatever, by reason of my office of Assistant to " the said Inspector (except my salary from the said Inspector), " and that I will not, directly or indirectly, trade in the articles 6 of Pot and Pearl Ashes, or be in any manner concerned in “ the purchase or sale of Pot and Pearl Ashes : So help me “ God." And such Bond shall be in duplicate, and one part thereof shall Bond to be in
duplicate, and be delivered to the Inspector, and the other part thereof, as also wł the Oath, shall remain in the office of the Corporation of the City &c. in which the same shall be taken, for the same purposes, and in all cases subject to the same regulations as to communication and copy as are provided with regard to the Bond and Oath of the Inspector.
XV. The said Assistants shall respectively be paid by and Assistants reshall hold their offices at the pleasure of the Inspectors, and moveable at may be removed or re-instated, or others may be appointed in their stead by such Inspectors.
XVI. Whensoever a vacany shall occur in the office of In- Future In. spector of Pot and Pearl Ashes for the City of Montreal, by minted death, resignation, or removal of such Inspector, an Inspector Mayor. of Pot and Pearl Ashes shall, by the Mayor of the said City, be appointed in his room, from among the Assistant Inspectors : Provided that no such Assistant Inspector shall be so appointed Proviso: for
examination. until he shall have undergone an examination before ihe Board of Examiners, and by them have been deemed competent to the duties required of such Inspector, and shall not enter upon the duties of his office until he shall have given the security and taken the oath of office required by this Act, and complied with the other requirements thereof: Provided further, that any Proviso. person who, at the time this Act shall come into force, shall hold the office of Assistant Inspector, shall be capable of being appointed as such Inspector without any such examination as aforesaid.
XVII. Any Inspector or his Assistant, who, during his con- Inspectors and tinuance in office, shall directly or indirectly be concerned in Assistants not the buying or selling of any Pot or Pearl Ashes, or participate
Ashes, &c. in any transaction or profit arising therefrom (surther than the fees or emoluments granted by this Act for inspection, In- Penalty for surance and Storage,) or who shall permit any cooper or other so doing. person by such Inspector employed, to retain or keep any Pot or Pearl Ashes, or who shall brand any barrel or barrels of
Punishment for fraud.
Ashes of any description or size other than is prescribed by this Act, or who shall date any Weigh Note or Bill of Inspection differently from the time when the Ashes were actually inspected, or who shall deliver out of his possession any such Weigh Note or Bill of Inspection without any date, or who shall not conform to the provisions of this Act, shall, upon being legally convicted thereof, for every such offence, incur a forfeiture and penalty not exceeding one hundred pounds currency, and be for ever thereafter disqualified and disabled from holding and exercising the duty or office of Inspector of Pot and Pearl Ashes in this Province, or of Assistant to such Inspector; and any Inspector or Assistant Inspector or Clerk, or other persons, who shall make or cause to be made any false or fraudulent Bill of Ashes, shall be guilty of Felony, and shall upon conviction thereof, be confined at hard labour in the Provincial Penitentiary for any term not exceeding seven years.
Inspectors bound to act when called apon.
XVIII. If any Inspector of Pot and Pearl Ashes, or his Assistant, not then employed in the Inspection of any Pot or Pearl Ashes (according to the duties prescribed by this Act,) shall, on application on lawful days, between sunrise and sunset, to him made, refuse to receive any Ashes, or shall neglect or delay to proceed in such examination and inspection for the space of two hours after such application so made to him, the Inspector or his Assistant so refusing, neglecting, or delaying to receive such Ashes or to make such examination and inspection, shall, for each such offence, forfeit the sum of five pounds, current money, to the use of the person or persons so delayed.
Penalty for refusing.
Pnnishment for counterfeiting brand marks, &c.
XIX. If any person or persons shall counterfeit any of the aforesaid Brand Marks of the Inspector, or shall impress or brand the same, knowing the same to be counterfeit, on any barrel or barrels of Pot or Pearl Ashes, or any other mark or marks purporting to be the mark or marks of the Inspector or of any Manufacturer of Pot and Pearl Ashes, either with the proper marking tools of such Inspector or Manufacturer, or with counterfeit representations ihereof, or who shall empty any barrel or barrels of Pot or Pearl Ashes branded as aforesaid, by an Inspector or Manufacturer, in order to put therein other Pot or Pearl Ashes for sale or exportation, without first cutting out the said Brand Marks, or shall fraudulently pack therein any other substance than the Pot or Pearl Ashes packed in the same by the Inspector or Manufacturer; and if any person in the employ of any Inspector or Manufacturer of Pot or Pearl Ashes, shall 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 shall, for every such offence, forfeit and incur a penalty of fisty pounds, current money of this Province.
Mode of set- XX. If any dispute shall arise between any Inspector or mutes Assistant Inspector and the proprietor or possessor of any Pot
or Pearl Ashes, with regard to the quality thereof, then upon as application to any one of Her Majesty's Justices of the Peace of Ashes. for the District in which such Inspector or his Assistant shall act, the said Justice of the Peace shall issue a Summons to three persons of skill and integrity, one whereof to be named by the Inspector or his Assistant, another, by the proprietor or possessor of the Pot or Pearl Ashes, and the third by the Justice of the Peace, requiring the said three persons immediately to examine and inspect the same according to the provisions of this Act, and report their opinion of the quality and condition thereof under oath, (which oath the said Justice of the Peace is hereby authorized and required to adininister), and their determination or that of a majority of them, shall be final and conclusive, whether approving or disapproving of the judgment of the Inspector or his Assistant, who shall immediately attend thereto, and brand or cause to be branded, each and every barrel of the qualities directed by such determination, according to the provisions of this Act'; and if the opinion of the Costs. Inspector or his Assistant be thereby confirmed, the reasonable costs and charges of re-examination, to be ascertained and awarded by the said Justice, shall be paid by the proprietor or possessor of the Pot or Pearl Ashes, if otherwise, by the Inspector.
XXI. Nothing herein contained shall be construed to prevent Inspection not any person from exporting Pot and Pearl Ashes, without in- obligatory on spection ; Provided that on one end of the barrel, containing any person. the same, there shall be neatly and legibly branded or marked, Proviso: as to the name and address of the manufacturer or packer, the Ashes not in.
spected. weight and tare of the barrel, and the quality of Ashes contained in it; but any person who shall export any Pot or Pearl Ashes not so marked as aforesaid, or shall wilfully mark any such barrel falsely, shall thereby incur a penalty of five pounds currency.
XXII. All fines, penalties and forfeitures imposed by this Act, Recovery and not exceeding ten pounds currency, shall be recoverable by the application of
fines and forInspectors, their Assistants, or any other person suing for the same feite in a summary way before any Court of competent jurisdiction, this Act. and shall, on failure of payment, be 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 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 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.
Limication of XXIII. If any action or suit be brought or commenced against ar tions for any person or persons, or any thing done in pursuance of this things done
Act, such action or suit shall be commenced within six months
A och action or sui under this Act.
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 have General issue appeared, then such defendant or defendants shall have treble may be plead- costs awarded against such plaintiff or plaintiffs, and have the ed, &c.
like remedy for the same, as any defendant or defendants hath or have in other cases to recover cosis at law.
Commence ment of this Act.
XXIV. This Act shall have force and effect upon, from and after the first day of January, one thousand eight hundred and fifty-five, and not before.
An Act to amend the Act relative to Savings Banks in this Province.
[Assented to 18th December, 1854.] VAHEREAS under the provisions of the Act now in force VV for regulating Savings Banks in this Province, it is doubtful wheiher such Instiiutions can legally acquire and hold landed property; And whereas, also, it is made unlawful by the said Act for any Director or Directors, Trustee or Trustees, or other persons having direction in the management of the Quebec Provident and Savings Bank, directly or indirectly, to have any salary, allowance, profit or benefit whatsoever from the deposits made therein or the produce thereof, beyond their actual expenditure for the purposes of such institution; And whereas it is expedient to amend the said Act in these respects : 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, as follows:
Savings Banks I. It shall and may be lawful for the Quebec Provident and established Savings Bank now established under the provisions of the Act under 4 & 5 Vict. c. 32. passed in the Session held in the fourth and fifth years of may hold real Her Majesty's Roign, and intituled, An Act to encourage
the establishment of and regulate Savings Banks in this Pro- property actu. vince, to acquire, hold, possess and enjoy any lands, tene- ally required ments and hereditaments situate within the City, County or District within which the same is established, provided that gaged to them,
ness, or morte the lands, tenements and hereditaments so to be acquired be &c. only such as shall be requisite for its immediate accommodation in relation to the convenient transaction of its business, or such as shall have been bonii fide mortgaged to it by way of security, or conveyed to it in satisfaction of debts previously contracted in the course of its dealings or purchased at sales upon judgments which shall have been obtained for such debts; and all such real property so to be acquired as aforesaid shall vest in the Directors or Trustees for the time being of such Institution, in the same manner as is already provided in respect to personal property belonging to the same, and the provisions of the said Aci applicable to such personal property shall extend to, govern and be applicable to all such real property to be acquired under the provisions of this Act as aforesaid ; and in in whom such case of its being deemed desirable for the interest of the Insti- property shall tution to sell or convey any part of such immoveable property Yest, and by so to be acquired as aforesaid, it shall be lawful for the Direc- be conveyed tors or Trustees of such Institution for the time being, or the in case of major part of them (not being less than two thirds) and they sale, &c. are hereby empowered to sell and to convey or assign the same to the purchaser or purchasers, assignee or assignees of the saine, subject to such rules and regulations as may from time to time be made by the members of such Institution in regard to the same, which rules and regulations before they shall have effect, shall be entered, transcribed and deposited in the manner prescribed for other rules and regulations of such Institutions by the second section of the said Act relative to Savings Banks ; and no droit d'indemnité shall be due to any Seignior by reason Savings Banks of the acquisition of any property by or for the use of any such me
deemed a Institution, which shall not be deemried a main-morte.
t to be
II. It shall be lawful for the Directors or Trustees of the Remuneration Quebec Provident and Savings Bank established as aforesaid, may be allowto give and grant to the President or first Director or Trustee ed io Presiof that Institution, as a remuneration for his services, any sum or sums of money not exceeding Two Hundred and Fifty Pounds currency per annum, out of the funds deposited in their hands as such Directors or Trustees; any thing in the said Act relative to Savings Banks to the contrary notwithstanding.
III. That this Act shall be a Public Act.