Report of magistrate. Time for prosecution limited. Preventing the examination of seeds. Or the taking of samples. Penalty. Who shall be prima facie liable. Samples to be sent to official To be taken to believe that the seed did not comply with the provisions of this Act, he shall, upon disclosing the name of the person from whom he purchased the seed, and the place and date of the sale thereof to him, not be liable beyond the costs of prosecution. 3. Every magistrate who has disposed of any case under the foregoing subsection shall, within one month from the date of his judgment therein, send to the Minister of Agriculture a report of the case, giving the name of the accused, the name of the person who sold the seed to him, and the date and place of such sale. 4. Any prosecution against any person, pursuant to a report made to the Minister of Agriculture respecting that person, under the last foregoing subsection may be commenced within twelve months from the time when the matter of complaint or information arose, and not later. 4-5 E. VII., c. 41, ss. 8 and 18. 10. Every person who obstructs any person charged with the enforcement of this Act in entering any premises to make examination of seeds, receptacles, packages, sacks or bags of seeds, as provided by this Act, or who refuses to permit the making of any such examination, or the taking of samples, of seeds as provided by this Act, shall, upon summary conviction, be liable to a penalty not exceeding five hundred dollars and not less than twenty-five dollars, together with the costs of prosecution; and in default of payment of the said penalty and costs, shall be liable to imprisonment for a term not exceeding six months, unless the said penalty and costs and the costs of enforcing the same are sooner paid. 4-5 E. VII., c. 41, s. 10. 11. The person on whose behalf any seed is sold, offered, exposed, or had in possession for sale, contrary to the provisions of this Act, shall be prima facie liable for the violation of this Act. 4-5 E. VII., c. 41, s. 9. ANALYSIS. 12. Any purchaser of seeds, with respect to which he has reason to suspect or believe that any provision of this Act has been violated, or any person charged with the enforcement of this Act, at his request, may take a sample from the said seeds and forward it to such person as the Governor in Council appoints as an official seed analyst to examine and report upon any seed submitted for analysis under the provisions of this Act. 4-5 E. VII., c. 41, s. 11. 13. Any sample of seed taken for official analysis under of seller and the provisions of this Act shall be taken in the presence of, in presence (a) the person who sold or offered, exposed or had in his two witpossession for sale the said seeds; or, nesses. samples. (b) two impartial or non-interested witnesses; and, in accordance with the rules for seed testing prescribed by Certificate to the Minister of Agriculture, and shall be inclosed in a sealed accompany package, together with a certified statement of the person taking the sample, which statement shall include the name and address of the person who sold, or offered, exposed or had in his possession for sale, the seeds from which the said sample was taken, the manner in which the receptacle, package, sack or bag was marked, and the section or sections of this Act in violation of which the said seeds were found or suspected to be sold or offered, exposed or had in possession for sale. 4-5 E. VII., c. 41, s. 12. within 14. Any sample of seeds taken from any seed which are Samples to found or suspected to be sold in violation of the provisions be sent of this Act shall be taken and forwarded to an official seed seven days. analyst, (a) from seeds that are sold in sealed packages, sacks, bags or receptacles, at the time of the breaking of the seal thereon; and, (b) from seeds that are not sold in sealed packages, sacks, bags or receptacles, within seven days from the date on which the seeds entered into the personal possession and became the property of the purchaser. 4-5 E. VII., c. 41, s. 13. 15. It shall be the duty of any official seed analyst to Analysis and examine any seeds sent to him in accordance with the provisions certificate. of this Act, by following the methods for testing seeds prescribed by the Minister of Agriculture, and to send one certificate of analysis of the said seeds to the inspector, informant or complainant from whom they were received, and one certificate to the seller of the said seeds, and to place one certificate on file in the Department of Agriculture. 4-5 E. VII., c. 41, s. 14. EVIDENCE AND PROCEDURE. 16. The certificate of analysis of any official seed analyst Certificate on any sample of seeds forwarded to him under this Act shall as evidence. be accepted as evidence in any prosecution of any person charged with having sold or offered, exposed or had in his possession for sale, in violation of the provisions of this Act, seeds from which the sample purports to have been taken, or of any person from whom such person purchased the seeds. 4-5 E. VII., c. 41, s. 15. 2239 17. Place of offence. 17. In any complaint, information or conviction under this Act, the matter complained of may be declared, and shall be held to have arisen, within the meaning of Part XV. of the Criminal Code, at the place where the seed was sold or offered, exposed or had in possession for sale. 4-5 E. VII., c. 41, s. 16. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty. 2240 CHAPTER 129. An Act respecting Securities for Seed Grain 1. This Act may be cited as the Seed Grain Sureties Act. Short title. sureties for grain. 2. The Governor in Council may discharge from liability Discharge of persons liable to the Crown as sureties upon bonds given to secure repayment for seed grain furnished by the Crown to persons in the province of Saskatchewan or Alberta, or in the Northwest Territories. 63-64 V., c. 16, s. 1. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty. |