Inspector to "I will deliver them over to ny successor in office, duly appointed for that purpose, when required so to do, and that I "will honestly and faithfully discharge the duties of Inspector "of Weights and Measures for such Municipality, (or Division) pursuant to the true intent and meaning of the law in that "behalf, according to the best of my abilities and knowledge. "So help me God." 12 V. c. 85, s. 2. 10. Every Inspector shall carefully examine and compare, unark if correct with the Standard so furnished as aforesaid, any Weights and weights and Measures presented to him for that purpose within his Munici stted to him. pality or Division, and when the same are found of the true Weight or Measure, he shall mark, stamp or brand the same, easures sub Inspector to attend for that aimes and aces as the 12 (if a Measure, as near the two ends, top and bottom, as may 11. Every Inspector shall attend at such time and place in purpose at such his Municipality or Division as the Municipal Council may appoint, once, but not oftener than twice in each year, with the Stamps and Set of Standard Weights and Measures in his custody, to examine and compare, and if found correct, to stamp all Weights and Measures brought to him for that purpose. Municipal Council appoints. To give notice. Fees of Inspec Standard weights of dif ferent kinds of grain, &c., es ablished for D.C. Certain con◄ facts not afMected. 12. He shall give one month's notice of the time and place so appointed, by publishing the same in one or more newspapers, or by posting up copies thereof in four of the most public places in his Municipality or Division. 12 V. c. 85, ss. 4, 10. 13. Every Inspector may demand and receive ten cents, and no more, for every Weight or Measure he marks or stamps. 12 V. c. 85, s. 8. 14. The following rates shall be the Standard Weight, and shall in all cases be allowed to be equal to the Winchester Bushel, namely: But the effect of any contract made before this Act, shall not be varied by any thing herein contained. 16 V. c. 193, s. 2. weight not by 15. Upon every sale and delivery, and in every contract for The bushel to the sale or delivery of any Grain, Pulse or Seeds, the Bushel be regulated by shall, unless otherwise agreed upon by the parties, be taken to measure. mean the Weight of a Bushel as regulated by this Act, and not a Bushel in Measure, or according to any greater or less Weight. 16 V. c. 193, s. 3. stamped with 16. Every Storekeeper, Shopkeeper, Miller, Distiller, But- Penalty if cher, Baker, Huckster, or other trading person, and every weight is not Wharfinger or Forwarder in any County or place in Upper in a certain Canada, who, two months after the appointment of an Inspector time. therefor, uses any Weight or Measure, which has not been duly stamped according to Law, or which may be found light or otherwise unjust, shall, on conviction, forfeit a sum of not more than twenty nor less than eight dollars; and every such light or unjust Weight or Measure so used shall, on being discovered by any Inspector, be seized, and on conviction of the person using the same, shall be forfeited, and broken up by the Inspector. 12 V. c. 85, s. 4,-4 G. 4, c. 16, s. 6,--3 V. c. 17, s. 3. &c., to exa and measures. 17. Every Inspector may, at all reasonable times, enter Inspector may any shop, store, warehouse, stall, yard, or place whatsoever enter shops, within his County or Division where any commodity is mine weights bought, sold or exchanged, weighed, exposed or kept for sale, or weighed for conveyance or carriage, and there examine all Weights, Measures, Steel-yards or other Weighing Machines, and compare and try the same with the copies of the Standard Weights and Measures provided by Law. 12 V. c. 85, s. 5. stamped measures. 18. If upon such examination it appears that the said Forfeiture of Weights or Measures, or any or either of them, have not been false or unstamped or are light or otherwise unjust, the same shall be liable weights and to be seized and forfeited, and the person or persons in whose possession the same are found, shall, on conviction, forfeit a sum not exceeding eight dollars for the first and twenty dollars for every subsequent offence. steel-yards. 19. Any person who has in his possession a Steel- Penalty for yard or other Weighing Machine which on such examina- having false tion is found incorrect or otherwise unjust, or who, when thereto required, neglects or refuses to produce for such examination, all Weights, Measures, Steel-yards or other Weighing Machines, in his possession, or who otherwise obstructs or hinders such examination, shall be liable to a like penalty. 12 V. c. 85, s. 5. 20. No penalty as aforesaid shall be incurred in any County Penalty not to Division or Locality, until two months at least after a Stan- be incurred till dard of Weights and Measures have been received by the after receipt of Inspector legally appointed therefor. two months standard weights, &c. 21. All penalties under this Act, together with all reasonable How penalties costs, shall be recoverable before any Justice of the Peace, on recoverable. the When recovered how to be applied. Punishment of Penalty for knowingly selling, &c. any weight or measure with counterfeit stamp. Penalty if Ins pector stamps weights or out due examination. the oath of the Inspector or of any other credible witness, and shall, if not forthwith paid, be levied by distress and sale of the goods and chattels of the offender, and in default of distress the offender shall be committed to the Common Gaol of the County wherein the conviction took place for a term not exceeding one month; and all such penalties when recovered, shall belong to the Crown for the public uses of the Province, and shall be paid over to the Inspector, and shall by him be accounted for in the same manner as other public moneys coming into his hands by virtue of his office. 12 V. c. 85, s. 5. 22. If any person makes, forges, or counterfeits, or causes, or procures to be made, forged or counterfeited, or knowingly acts or assists in the making, forging or counterfeiting any stamp or mark legally used for the stamping or marking of any Weights or Measures in any County or place in Upper Canada, he shall be guilty of a misdemeanor, and on being convicted thereof, shall be liable, at the discretion of the Court, to be fined and imprisoned in the Common Gaol of the County where the conviction takes place; but such fine shall not exceed eighty dollars and such imprisonment shall not exceed three months. 23. If any person knowingly sells, alters, disposes of or exposes to sale any Weight or Measure, with such forged or counterfeit stamp or mark thereon, he shall, for every such offence, forfeit, on conviction, a sum not exceeding forty dollars, nor less than eight dollars, to be recovered under the provisions of the twenty-first section of this Act; and all Weights and Measures with such forged or counterfeited stamps or marks shall be forfeited, and broken up by the Inspector. 12 V. c. 85, s. 6. 24. If any Inspector stamps, brands or marks any Weight or Measure without having first duly compared and verified measures with the same with and by the Standard Weights and Measures provided by law for that purpose, or is guilty of a breach of any duty imposed upon him by this Act, he shall, on conviction, forfeit a sum not exceeding twenty dollars to be recovered and applied as aforesaid. 12 V. c. 85, s. 7. Standards to be delivered over office. Remedy by action for standards not so delivered. 25. When any Inspector of Weights and Measures is removed from office, or resigns, or removes from the place for which he has been appointed, he shall deliver to his successor in office, or to such other person as the Council of the Municipality may for that purpose by By-law appoint, all the Beams, Stamps and Standard Weights and Measures in his possession as such Inspector, and in case of the death of such Inspector, his representatives shall in like manner deliver the same to his successor in office, or to such other person as aforesaid. 26. In case of refusal or neglect to deliver such Beams, Stamps and Standard Weights and Measures entire and complete, the successor in office may maintain an action on the case, case, against the person or persons so refusing or neglecting, and shall recover double the value of such of them as have not been delivered, and in every such action in which judgment is rendered for the Plaintiff, he shall recover double costs; and of the damages levied, one moiety shall be retained by the Plaintiff, and the other molety shall be applied in supplying such Standards as may be required in his office. 12 V. c. 85, s. 13. 27. Any conviction under this Act may be appealed in the Appeals. manner provided in the Act respecting Appeals in cases of summary convictions. 12 V. c. 85, s. 14. 28. This Act is to be subject to and controuled by and to This Act govbe construed with the Consolidated Statute of Canada respect- erned by Joint ing Weights and Measures. 22 V. c. 21, (1859.) CAP. LIX. An Act respecting the Public Health. ER Majesty, by and with the advice and consent of the follows: and examine 1. The Health Officers of any Municipality or Police Village Health Officers in Upper Canada, or any two of them, may, in the day time, may enter upon as often as they think necessary, enter into and upon any any premises. premises in the place for which they hold office, and examine such premises. 5 W. 4, c. 10, s. 2. 2. If upon such examination they find that the premises are in a filthy or unclean state, or that any matter or thing is thereon which, in their opinion, may endanger the public health, they, or any two of them, may order the proprietor or occupant of the premises to cleanse the same, and to remove what is so found thereon. 5 W. 4, c. 10, s. 2. If found unclean, may tor to cleanse. order proprie 3. Such Health Officers, in case the proprietor or occupier of In case of his the premises neglects or refuses to obey their directions, may neglect or recall to their assistance all Constables and any other persons Health Officers they think fit, and may enter on the premises and cleanse the and Constables same, and remove therefrom and destroy what in their opinion cleanse. it is necessary to remove or destroy for the preservation of the public health. 5 W. 4, c. 10, s. 2. may enter and 4. The Governor in Council may make and declare such The Governor regulations concerning the entry or departure of boats or vessels may make rules respecting Vesat the different ports or places in Upper Canada, and concerning sels entering the landing of passengers, or cargoes from such boats or vessels Ports, &c. or the receiving passengers and cargoes on board of the same, as may be thought best calculated to preserve the public health. 5 W. 4, c. 10, s. 3. 5. If any person wilfully disobeys or resists any lawful order Penalty for disof the Health Officers, or of any two of them, or wilfully obedience of violates &c. Health Officers, violates any regulation made and declared by the Governor in Council under this Act, or wilfully resists or obstructs the Health Officers in the execution of their duties, such person, on conviction before two or more of Her Majesty's Justices of the Peace for the locality where the offender resides, or where the offence has been committed, shall pay a fine of not less than four dollars nor more than eighty dollars; which fine shall be paid to Her Majesty's Receiver General for the public uses of the Province. 5 W. 4, c. 10, s. 4,---16 V. c. 178, s. 18. Proceedings in case of malig nant diseases in crowded or unhealthy places. When any person producing to a J. P. the head of a wolf with the ears on, entitled to a reward. J. P. to give 6. Whenever a disease of a malignant and fatal character is discovered to exist in any dwelling-house, or out-house temporarily occupied as a dwelling, in a City, Town or Village in Upper Canada or within a mile thereof, and which house is situated in an unhealthy or a crowded part of the City, Town or Village, or adjoining country, or is in a filthy and neglected state, or is inhabited by too many persons, the Board of Health of the City, Town or Village, or a majority of the members thereof, may, in the exercise of a sound discretion, and at the expense of the Board, compel the inhabitants of such dwelling-house or outhouse to remove therefrom, and may place them in sheds or tents, or other good shelter, in some more salubrious situation, until measures can be taken, under the direction and at the expense of the Board, for the immediate cleansing, ventilation, purification and disinfection, of such dwelling-house or out-house. 5 W. 4, c. 10, s. 6.---See ante Chapter 54, S. 245, P. 583. CAP. LX. An Act to encourage the destroying of Wolves. ER Majesty, by and with the advice and consent of the follows: 1. If any person produces the head of a wolf with the ears on, before any Justice of the Peace acting for any County in Upper Canada, and makes oath or affirmation, (as the case may be,) or otherwise proves to the satisfaction of such Justice, that the wolf was killed within that County, or within one mile of an actual settlement in the County, he shall be entitled to receive from the Treasurer of the County the sum of six dollars as a bounty for the same. 6 W 4, c. 29, s. 2. 2. In case the Justice of the Peace before whom the head his certificate. of the wolf is produced, be satisfied of the fact that the wolf was killed as in the preceding section mentioned, he shall first cut off the ears thereof, and then give the person a certificate that the fact of the wolf having been killed as in the last section mentioned has been proved to his satisfaction, and such certificate shall authorize the person holding the same to demand and receive from the Treasurer of the County the said bounty of six dollars. 6 W. 4, c. 29, s. 3. |