exportation, without first cutting out or obliterating any previous brand marks thereon, or fraudulently packs therein any other Hops or thing than the Hops contained therein when such mark was impressed, or if any person in the employ of any such Inspector hires or lends out the marking tools of such Inspector to any person whatever, or connives at, or is privy to, any fraudulent evasion of this Act, such person committing any of the offences aforesaid, shall, for every such offence, incur a penalty of fifty pounds. 15. If any dispute shall arise between any Inspector or Assistant Inspector and the proprietor or possessor of any Hops, with regard to the quality thereof, then, upon application to any of Her Majesty's Justices of the Peace for the district in which such Inspector or his Assistant shall act, the said Justice shall issue his 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 Hops, and the third by the Justice of the Peace, requiring the said three persons 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 required and authorized to administer,) and their determination, or that of the majority of them, shall be final and conclusive, whether approving or disapproving the judgment of the Inspector or his Assistant, who shall immediately attend thereto, and mark, or cause to be marked, each and every bale and package of the qualities directed by such determination, according to the provisions of this Act; and if the opinion of the Inspector or his Assistant be thereby confirmed, the reasonable costs and charges of such re-examination, to be ascertained and awarded by the said Justice, shall be paid by the proprietor or possessor of the Hops, if otherwise, by the Inspector. 16. Nothing herein contained shall be construed to prevent any person from purchasing or selling Hops without inspection, but the inspection had in conformity with the provisions of this Act, shall be decisive as to the quality and condition of the Hops so inspected. 17. Every penalty and forfeiture imposed by this Act shall be recoverable by any Inspector or Assistant Inspector of Hops, or any other person suing for the same, in any Court having civil jurisdiction to the amount; and if such penalty does not exceed ten pounds, the proceedings shall be summary; and such penalty or forfeiture shall, on failure of payment, be levied by execution as in the case of debt; And one moiety of every such penalty and forfeiture, when recovered, shall (except when herein otherwise provided) be immediately paid into the hands of the Treasurer of the Corporation of the City wherein the action or prosecution is brought, for the public uses of the said City, and the other moiety shall belong to the person suing for the 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 said uses. 18. No suit or prosecution for any pecuniary penalty in- Limitation of curred under this Act, for any offence against its provisions, prosecution. shall be commenced after the expiration of two years after the commission of the offence. CAP. LXXXVIII. An Act to amend "The Prison Inspection Act, 1857." [Assented to 16th August, 1858.] Her and wid Assembly of Canada, enacts as ER Majesty, by and with the advice and consent of the Preamble. follows: 1. The seventh section of the Act passed in the twentieth Section 7 of year of Her Majesty's Reign, intituled, An Act for establishing 20 V. c. 28, Prisons for young offenders, for the better government of Public repealed. Asylums, Hospitals and Prisons, and for the better construction of Common Gaols, is hereby repealed. 2. The following section shall be substituted for the repealed New section seventh section of the said Act, and shall be read as part of substituted. the said Act: "It shall be lawful for the Governor, at any time, Governor may in his discretion, to cause any convict in the Provincial Peni- cause any contentiary whose age may appear to the Inspectors not to exceed vict not over the age of twenty-one years, to be transferred to either of the moved to a Reformatory Prisons of this Province, for the remainder of the Reformatory term of imprisonment for which such convict had been sentenced." 21 to be re Prison. CAP. LXXXIX. An Act to encourage, and to provide for the extension of the practice of Vaccination. W [Assented to 16th August, 1858.] HEREAS it is expedient to encourage, and to provide Preamble. for the extension of the practice of Vaccination in this Province: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. It shall be the duty of the Trustees, Governors, Directors, A supply of or other officers or persons having at any time the control and vaccine matmanagement of any Hospital or Dispensary now or hereafter ter for certain receiving purposes to be receiving aid from the Public Funds of this Province, to keep kept in every at all times in such Hospital or Dispensary an adequate supply Hospital, &c., of vaccine matter for the following purposes, receiving aid; And for what purposes. Conditions on which only warrants for amounts of grants to Hospitals, &c., shall issue. And after 1st 1859. Annual statement to be First.---For the vaccination by a legally qualified Medical Practitioner attached to such Hospital or Dispensary, at the expense of the same of all poor persons, and at their own expense of all other persons, who may attend at such Hospital or Dispensary for that purpose, during one day in every week; the fee to be charged for such vaccination not in any case to exceed fifty cents, and to be used and applied for the benefit of the Hospital or Dispensary; Second.---For the purpose of furnishing, on application, to each and every legally qualified Medical Practitioner, such reasonable quantities of said matter as he may from time to time require; Third.---For the purpose of furnishing, on application, to the Superintendent General of Indian Affairs, or his Assistant, or to any Visiting Superintendent of Indian Affairs, such reasonable quantities of said matter as he may from time to time require for the use and benefit of any settlement of Indians. 2. No warrant shall hereafter issue for the payment of any sum of money granted by the Legislature to any Hospital or Dispensary, unless nor until a certificate, signed by a Medical Officer of such Hospital or Dispensary, to the effect that there is actually on hand in such Hospital or Dispensary a supply of vaccine matter which is expected to be sufficient for the purposes aforesaid from the date of such certificate, or setting forth reasons and grounds in explanation of any deficiency in such supply to the satisfaction of His Excellency the Governor General in Council, shall have been filed in the office of the Clerk of the Executive Council; and from and after the first day of January next, no such Warrant shall issue unless nor until a certificate, signed as aforesaid, to the effect aforesaid, and further to the effect that at no time since the date of the then last certificate in this behalf has the demand upon such Hospital or Dispensary for such matter for the purposes aforesaid exceeded the supply thereof on hand in such Hospital or Dispensary, or setting forth reasons and grounds in explanation of any deficiency of such supply to the satisfaction of His Excellency the Governor General in Council, shall have been filed as aforesaid. 3. The Trustees, Governors, Directors, or other Officers or persons having for the time being the control and management tees of Hospi- of any Hospital or Dispensary to which aid may be granted during the present Session, or any future Session of the Parliament of this Province, shall cause to be transmitted to the Governor General, through the Provincial Secretary, in time to tals, &c. admit of copies thereof being laid before the two Houses of Parliament of this Province, during the first fifteen days of the then next Session, a statement certified by the proper Officers of such Hospital or Dispensary, shewing the number of persons who have applied for and received free vaccination, the number of persons who have applied for and received vaccination at their own expense, and the number, amount and application of fees charged and received for vaccination. 4. This Act shall take effect on and from the first day of CommenceOctober next. of Act. САР. ХС. An Act to amend the Act to provide for the formation of Joint Stock Companies for Manufacturing, Mining, Mechanical or Chemical purposes. W [Assented to 16th August, 1858.] HEREAS it is expedient to extend the provisions of the Preamble. thirteenth and fourteenth years of Her Majesty's Reign, inti tuled, An Act to provide for the formation of Incorporated 13 & 14 V. c. Joint Stock Companies for Manufacturing, Mining, Mechanical 28. or Chemical purposes, and of the Act passed in the sixteenth year of Her Majesty's Reign, intituled, An Act to amend the 16 V. c. 172. Act for the formation of Incorporated Joint Stock Companies for Manufacturing and other purposes, with certain amendments, to the formation of Companies for the carrying on of Fisheries upon an extensive scale: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: certain Fish 1. The said two Acts, and all and every the provisions The said Acts thereof, save only in so far as is otherwise hereby provided, extended to shall apply and have effect for all Companies which shall be ing Compaformed as thereby provided, for the carrying on of any fishery nies. or fisheries within the limits of this Province or in the Gulf of the St. Lawrence, and for the building and equipping of any vessels required for such fishery or fisheries, and having a capital stock of not less than forty thousand dollars. 2. Notwithstanding any thing in the said Acts contained, the Stockholders Stockholders of any such Fishery Company, whether they shall in a certain Company not have paid in the amount of their respective shares of stock liable beyond therein, or not, shall not be liable for any debts or contracts the amount of made by such Company, beyond the amount of their respective except in cershares of stock therein, unless it be by reason of any infraction tain cases of the rules laid down by the proviso to the eleventh section of only. the their shares, But liable for amount sub scribed until paid up, not withstanding transfer of shares. Preamble. Certified co laws hereto which Deben tures have ted to the trar within three months after the pass the first above recited of the said two Acts, or for any debt falling within the class of debts protected by the seventeenth section of the same Act, or as being officers or trustees of such Company. 3. Every such Stockholder shall, however, be and remain liable for all debts and contracts of such Company to the full amount of his share or shares of stock therein, until the same shall have been fully paid in, notwithstanding any transfer which he may make thereof to any other party. CAP. XCI. An Act to provide for the Registration of Debentures issued by Municipal and other Corporate Bodies. W [Assented to 16th August, 1858.] HEREAS it would tend greatly to the increased value of Debentures issued under the authority of By-laws of Municipal and other Corporate Bodies passed for the purpose of raising Moneys, and also to the better security of the holders of the same, that a system of Registration should be adopted, and a priority of lien in respect thereof given under certain conditions: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. It shall be the duty of the Clerk or Secretary-Treasurer or pies of all By- person acting as such, of every Municipal or Provisional Municipal Corporation, and of the Clerk or Secretary, or person actfore passed by Municipal and ing as such, of any other Corporate Body, within the period of Corporate three months after the passing of this Act, to transmit to the Bodies, under Registrar of the County or Registration Division in which such Municipal Corporation or other Corporate Body or its principal been issued, to office is situated, a copy duly certified as hereinafter provided, be transmit- of each and every By-law of such Municipal or Provisional proper Regis- Municipal Corporation, or other Corporate Body heretofore passed under or by authority of which respectively any sum or sums of money may have been raised by the issue of Debentures, ing of this together with a Return in the form specified in the Schedule Act, together hereunto annexed, marked A, shewing the title or objects of as in Schedule each such By-law, the number of Debentures issued and the amounts thereof respectively, the amounts raised under the said By-laws respectively, the amounts already heretofore paid or redeemed by the said Corporation on the account of the same, the balance still remaining outstanding and payable thereunder respectively, the dates at which the same respectively fall due, and the amount of yearly rate to pay off the same, and the assessed value of the real and personal estate of the Municipality (or Company), and to cause the said Return to be published three times in both languages in the Canada with a Return A. Gazette, |