PENALTIES.

39. If any person makes, except under the authority of this Punishment Act, or forges or counterfeits, or causes or procures to be made, stamps for for forging except as aforesaid, or forged or counterfeited, or knowingly acts meters. or assists in the making except as aforesaid, or forging or counterfeiting any stamp or mark which may be hereafter used for the stamping or marking of any meter under this Act, he shall, upon conviction, incur a penalty not exceeding two hundred dollars, nor less than fifty dollars; and if any person knowingly sells, utters or Knowingly using meter disposes of, lets, lends or exposes to sale, any meter with such forged with forged stamp or mark thereon, he shall, forevery such offence, on conviction, stamp. incur a penalty not exceeding two hundred dollars, nor less than twenty dollars; and all meters having on them such forged or counterfeited stamps or marks, shall be forfeited and destroyed.

40. Any person who knowingly repairs or alters, or causes to be And for falsely alterrepaired or altered, or knowingly tampers with or does any other ing meters, act in relation to any stamped meter, so as to cause such meter to &c., or obstructing their register unjustly, or who prevents or refuses lawful access to any action. meter in his possession or control, or interferes with or obstructs the supply of water necessary for the proper action of the meter, or obstructs or hinders any examination or testing authorised by this Act, shall, on conviction, incur a penalty not exceeding one hundred dollars, and pay the fees for removing and testing, and the expense of purchasing and fixing a new meter: Provided that Proviso. the payment of any such penalty as aforesaid shall not exempt the person paying it from liability to indictment or other proceeding at law to which he would otherwise be liable, or deprive any person of the right to recover damages against such person for any loss or injury sustained by such act or default.

ter.

41. Every person who, after the period fixed by proclamation, Fixing ununder authority of this Act, fixes for use, or causes to be fixed for stamped me use, any meter, before it has been verified and stamped as herein required, shall, on conviction, incur a penalty of twenty-five dollars for every such unverified or unstamped meter.

42. Any Inspector who stamps any meter without duly testing Stamping inand finding the same to be correct; or who refuses, or neglects, correct meter. for three days after being required under the provisions of this Act, without lawful excuse, to test any meter, or gas, or to stamp any meter found to be correct on being so tested; or who neglects to perform any duty imposed upon him by this Act, or by any regulations made by authority thereof, shall incur a penalty not exceeding fifty dollars, and shall be liable to dismissal from office.

stamps.

43. Every person who forges or counterfeits, or causes or pro- Forging certi cures to be forged or counterfeited, any certificate purporting to be ficates or granted under this Act, or any stamp which under this Act is to be affixed to any such certificate; or wilfully uses any such counterfeited certificate or stamp knowing it to be forged or counterfeit, shall be deemed guilty of forgery and punishable accordingly; and the stealing of any such stamps shall be larceny.

111

44.

Act of Nova

44. All penalties imposed by this Act, or by any regulation made under its authority, shall be recoverable, with costs, before any Justice of the Peace for the district, county or place in which the offence was committed, if the penalty does not exceed twenty dollars, and before any two such Justices or any Magistrate or functionary having the powers of two such Justices, if the penalty exceeds twenty dollars, upon proof by confession, or by the oath of one credible witness; and may, if not forthwith paid, be levied by distress and sale of the goods and chattels of the offender, by warrant under the hand and seal of the Justice, by whom also any imprisonment to which the offender is liable may be awarded:

2. One half of any penalty so recovered shall belong to the party suing for the same, not being the Inspector or any officer acting in pursuance of this Act, and the other half shall belong to Her Majesty, for the use of the Dominion, or

3. If the penalty is recovered by the Inspector or Deputy Inspector, the whole shall belong to Her Majesty, for the use of the Dominion.

45. All false meters seized as forfeited under this Act, shall be delivered to the Inspector, in whose custody they shall remain subject to the order of the Department of Inland Revenue.

46. No action or prosecution shall be brought against any person for any fine or penalty by this Act imposed, unless the same is commenced within three months after the offence is committed.

47. The Act of the legislature of the Province of Nova Scotia Scotia, 27 V. passed in the twenty-seventh year of Her Majesty's Reign, chapter c. 64, repealed when Inspec- sixty-four and intituled: "An Act relating to the inspection of tor is appoint- Gas in the City of Halifax," shall be repealed from and after the appointment of an Inspector of Gas and Gas Meters for the said City of Halifax under this Act, except as to things done or penalties incurred, or contracts made before such appointment.

ed for Halifax.

Short title.

48. This Act may be known and cited as "The Gas Inspection Act, 1873."

SCHEDULE A.

Apparatus for Testing Gas.

The apparatus for testing the illuminating power of gas, shall consist of the improved form of Bunsen's photometer, known as Letheby's open sixty inch photometer, or Evan's enclosed one hundred inch photometer, together with a proper meter, minute clock, governor, pressure gauge and balance.

The burners to be used for testing the gas shall be such as shall be prescribed by regulation.

The

The candles used for testing the gas shall be sperm candles of six to the pound, and two candles shall be used together.

The apparatus for testing the presence in the gas of sulphuretted hydrogen, shall consist of—

A glass vessel containing a strip of bibulous paper moistened with a solution of acetate of lead, containing sixty grains of crystallized acetate of lead dissolved in one fluid ounce of water.

Mode of testing for Illuminating Power.

The gas in the photometer is to be lighted at least fifteen minutes before the testing begins, and it is to be kept continuously burning from the beginning to the end of the tests.

Each testing shall include ten observations of the photometer made at intervals of a minute.

The consumption of the gas is to be carefully adjusted to five cubic feet per hour.

The candles are to be lighted at least ten minutes before beginning each testing, so as to arrive at their normal rate of burning, which is shown when the wick is slightly bent and the tip glowing. The standard rate of consumption for the candles shall be one hundred and twenty grains of sperm each per hour; and all candles shall be rejected as unsuitable when their rate of burning exceeds that quantity by more than ten per cent., or when it falls short of it by more than five per cent. Before and after making each set of ten observations of the photometer, the gas examiner shall weigh the candles, and if the combustion shall have been more or less per candle than the proper weight as aforesaid per hour, he shall make and record the calculation requisite to neutralize the effects of the difference.

The average of each set of ten observations is to be taken as representing the illuminating power of that testing.

Mode of testing for Purity.

For sulphuretted hydrogen, the gas shall be passed through the glass vessel.containing the strip of bibulous paper moistened with the solution of acetate of lead for a period of three minutes or such longer period as may be prescribed by regulation; and if any discoloration of the test paper is found to have taken place, this is to be held conclusive as to the presence of sulphuretted hydrogen in the gas.

CHAP.

Preamble.

CHAP. 49.

An Act to amend and consolidate, and to extend to the whole Dominion of Canada, the Laws respecting the Inspection of certain staple articles of Canadian produce.

B

[Assented to 23rd May, 1873.]

ER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts follows:

as

Governor may
appoint
Inspectors of
⚫ertain
articles.

Tenure of office and limits of action.

Boards of Ex

spectors, how

GENERAL PROVISIONS.

1. The Governor in Council may, from time to time, designate the several cities, counties, towns and other places in Canada, at and for which respectively, it is expedient to appoint Inspectors of the several articles hereinafter mentioned, or any of them, and the Governor may, from time to time, appoint at and for each of such cities, counties, towns and places, an Inspector of any of the following articles, that is to say:

Flour and meal;

Wheat and other grain ;
Beef and pork;

Pot ashes and pearl ashes;
Pickled fish and fish oil;
Butter;

Leather and raw hides;
Petroleum.

Such Inspectors shall hold office during pleasure, and shall act respectively within such local limits as the Governor in Council may assign to them; and they and their Deputies shall be appointed only from among duly qualified persons, certified as such by the Examiners hereinafter mentioned.

2. The Board of Trade at each of the Cities of Quebec, Montreal, aminers of In- Toronto, Kingston, Hamilton, London, Ottawa and St. John, N. B., appointed. and the Chamber of Commerce at the City of Halifax, may from time to time appoint in the said cities respectively, and the Governor may from time to time appoint in any county in the Dominion three fit and skilful persons for each class of articles to be inspected at such city, or county to examine and test the ability and fitness of applicants for the office of Inspector or Deputy Inspector of such articles; and no person shall be appointed such Inspector or Deputy Inspector, who has not been examined by and received a certificate of qualification from the proper Board of Examiners Provided always, that the Governor may in his discretion appoint as an Inspector under this Act, without a new examination, any person who has been an Inspector of the same article under any Act hereby repealed. And the Board may at

Inspectors must have been examined.

Proviso: as to present Inspectors.

any

examination.

any such examination permit the attendance of any person or Who may be persons, of experience and skill in the subject of such examination, present at and allow them to propose questions pertinent thereto to the examinee, in order to test his knowledge and skill.

3. Each such Examiner shall before acting as such, take before Examiner to some Justice of the Peace, an oath in the following form or to the take oath. same effect:

"I, A. B., do swear that I will not, directly or indirectly, per- Oath.

sonally or by means of any person or persons in my behalf, receive any fee, reward or gratuity whatever, by reason of any "function of my office of Examiner of applicants for the office o1 Inspector or Deputy Inspector of

and that I will therein well and truly, in all things, act without "partiality, favor or affection, and to the best of my knowledge "and understanding. So help me God."

Which oath shall remain in the custody of the Justice administering it.

4. No Inspector or Deputy Inspector shall deal or trade in, or Inspector or have any interest directly or indirectly, in the production of any to trade in Deputy not article subject to inspection by him, or sell or buy any such article articles which he inspects. (except for the consumption of himself and his family) under a penalty of two hundred dollars for any offence against this section, and the forfeiture of his office.

Inspector or

Deputy to

5. Each Inspector or Deputy Inspector shall, before acting as such, take and subscribe before some Justice of the Peace, an oath take oath. of office in the form or to the effect following:

"I, A. B., do solemnly swear, that I will faithfully, truly and Oath. impartially, to the best of my judgment, skill and understanding, "execute and perform the office of an Inspector (or Deputy Inspector), and that I will not directly or indirectly, by myself or by any other person or persons whomsoever, manufacture, or prepare, deal, trade in, or sell, or buy, except only for the consumption of myself and family, any (insert the description of the articles he is to inspect) on my account, or upon the account of any other person or persons whomsoever, while I continue "such Inspector (or Deputy Inspector). So help me God."

And such oath shall remain in the custody of the Justice administering it.

given by In

6. Each Inspector or Deputy Inspector shall, before acting as Security to be such, give security for the due performance of the duties of his spector or office, in such sum as the Governor may direct, by bond to Her Deputy. Majesty, with two sureties to the satisfaction of the Governor, to be bound jointly and severally with him, in the form and subject to the provisions prescribed by law relative to the security to be given by persons appointed to offices of trust in Canada; and such bond shall avail to the Crown, and to all persons aggrieved

by