An Act to provide for the Inspection of Hops.

[Assented to 16th August, 1858.]

WHEREAS it is make for the in

WHEREAS it is expedient to make provision for the In- Preamble. spection of Hops: Therefore, Her Majesty, by and with

the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

1. From and after the day on which this Act shall come on a certain into force, it shall be the duty of the Minister of Agriculture, requisition, upon the receipt of any requisition signed by not less than of Agriculture the Minister twenty persons concerned in the production or consumption of shall advertise Hops, setting forth the necessity of the appointment of an for persons willing to beInspector of Hops in any incorporated City in this Province, to come Inspector cause a notice to be inserted in the Official Gazette and in of Hops in any two newspapers published in such incorporated City, to the effect City, that each and every person resident and doing business in such incorporated City who may be desirous of being appointed to the office of Inspector of Hops under this Act, may, within two months from and after the first insertion of such notice, transmit to the Minister of Agriculture a statement, under oath, setting forth his name, place of business, and the length of time during which he has been concerned in the growth, or consumption, of, or traffic in Hops (as the case may be,) and the quantity of Hops produced, consumed, bought or sold by him during such period, accompanied by such testimonials of his skill in judging of the qualities of Hops as he may see fit and be able to procure, and signifying also his desire to be appointed to the office of Inspector of Hops under this Act.

The applicant best qualified

shall be appointed.

2. It shall be lawful for the Governor in Council, after the expiration of two months from the first insertion of the notice mentioned in the next preceding section, to appoint from among the applicants who shall have complied with the requirements mentioned in such notice, the person who shall seem to be best suited to the discharge of the duties of the office, to be an Inspector of Hops; But before any person so appointed as In- He must give spector shall act as such, he shall furnish two good and suffi- security. cient sureties who shall be bound with himself for the due performance of the duties of his office in the sum of one hundred pounds currency each; And such sureties shall be approved by the Mayor or chief municipal authority of the City for which the said Inspector shall be appointed; And a bond shall be executed to Her Majesty in the form used with regard to the sureties of persons appointed to offices of trust in this Province; And such bond shall avail to the Crown and to all persons whomsoever who shall or may be aggrieved by the breach of the conditions thereof; And no such Inspector shall No person to allow any person whomsoever to act for him about the duties act except in

spector or his of his office excepting only his sworn Assistant or Assistants, to sworn Assis- be appointed in the manner hereinafter provided.

tant.

Custody of the
Bond.

Fees for copies, &c.

Inspector to be sworn.

The oath.

Fees for re

&c.

3. The bond of suretyship which shall be executed by such Inspector and his sureties, by virtue of this Act, shall be made and shall be kept at the office of the Clerk of the Corporation of the City for which such Inspector shall be appointed; And every person shall be entitled to have communication and copy of any such bond or suretyship at such Clerk's office, upon payment of one shilling currency for each communication, and of two shillings and six pence currency for each copy.

4. Each person appointed an Inspector of Hops under this Act, shall, before he shall act as such, take and subscribe an oath before the Mayor of the City for which he shall be appointed (which Mayor is hereby authorized to administer the same,) in the words following, to wit:

"I, A. B., do solemnly swear, that I will faithfully and truly and impartially, to the best of my judgment, skill "and understanding, do and perform the office of an In66 spector of Hops, according to the true intent and mean"ing of an Act of the Legislature of this Province, inti"tuled, An Act to provide for the Inspection of Hops, and "that I will not directly or indirectly, by myself or by any "other person or persons whomsoever, grow, produce, buy or "sell any Hops on my own account, or upon the account of 66 any other person or persons whomsoever; nor will I be or "remain in the employment or service of any person or per"sons who may be engaged in the growth of Hops, or consumption of Hops, during the time I shall continue such "Inspector. So help me God ;"

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Which oath shall be recorded in the office of the Clerk of the cording oath, City where the same shall be taken: And for recording such oath, and for a certificate thereof, the Clerk shall be entitled to demand and have the sum of two shillings and six pence, and no more; and shall give communication of the original to any person who shall apply for the same, on payment of one shilling currency for such communication, and two shillings and six pence currency for each copy.

Inspector to have proper building for storage of Hops.

5. In any place where there shall be an Inspector of Hops, it shall be the duty of such Inspector to provide himself with suitable and convenient premises for the storage and inspection of Hops, and to keep all bales and packages of Hops delivered to him for inspection, whilst they remain in his possession, in some dry place, safe from the injuries of the weather or of floods, and under a tight roof, and if in sheds, the same shall be good and sufficient and enclosed on every side, and the packages shall be so deposited that no moisture shall be imparted to them from the earth; and for the time which they

may

may be in his possession previous to the inspection thereof, and for twenty-four hours after such inspection, the said Inspector shall be entitled to make no charge for storage, but all Owner to pay trouble and expense attendant upon the loading, unloading them, &c. cost of moving and moving the said Hops shall be at the cost of the person at whose request the said Hops shall be inspected.

6. It shall be the duty of every such Inspector to receive into Examination his premises provided as aforesaid for such purpose, all Hops and classificapresented to him for inspection, and to examine and inspect the tion of Hops. same by thoroughly cutting into and examining each bale and package, and he shall classify and assort the same into three different grades or classes according to their different qualities and conditions, to be denominated, Number One; Merchantable; Number Two.

Number One Hops shall comprise all those which are of the Number One first quality in respect to picking, curing, packing, strength, Hops. color, flavor and all other properties which combined would constitute a superior article for sale or use in Canada ;

Merchantable Hops shall comprise all those which are good, Merchantable sound and saleable, and in which no material defect or injury Hops. exists to the depreciation of their value for use, and which shall fully possess all the essential properties which render Hops valuable for use, but in a degree inferior to those classified as Number One hops;

Number Two Hops shall comprise the remainder of those Number Two which may be fit and valuable for use, but which from some Hops. defects or injuries or improper picking, curing or package, may

be unworthy to be classified as Merchantable Hops.

And the said Inspector shall mark in plain letters and figures How inspecton each and every bale and package of Hops by him inspected, ed Hops shall containing Hops corresponding to the quality hereinabove described as Number One Hops, the characters, "No. 1;" of the quality hereinabove described as Merchantable, the word "Merchantable," and of the quality hereinabove described as Number Two Hops, the characters, "No. 2," with his own name and that of the place where the said Hops are inspected, and the year when such inspection is made, together with the weight of each bale or package; he shall also mark upon each bale or package which shall seem to him to be unsaleable or unfit for use, the word "Unmerchantable," and he shall also make Weigh note, and deliver a separate weigh note or bill of each quality of Hops whenever he shall be required so to do by the owner thereof or his agent.

&c.

7. If from any particular defect in the quality or condition Case of partiof Hops, or from unskilful picking, curing, packing or other cular defect in particular circumstance, the Inspector shall place the mark of Hops otherwise good.

an

Book to be kept by Inspector.

Bales, &c., to be entered by

numbers in order.

Charges and liability of Inspector.

Inspectors may appoint

Assistants.

His remuneration.

Inspector and

for Assistants,

who shall be

an inferior grade upon Hops which would be otherwise of a superior grade, he shall make an entry to that effect, and stating the particular fault upon his book, to be kept as hereinafter provided, and shall make a memorandum to the same effect upon the weigh note or bill of inspection which he shall deliver to the person entitled to the same.

8. Each Inspector under this Act, shall keep a book, in which shall be regularly entered the number of each bale or package by him inspected, with its weight and quality, and the name of the owner of the same or person presenting it for inspection; and the first bale or package which shall be presented for inspection, being the growth of the year in which it is so inspected, shall take the number one, and each bale or package which shall be subsequently inspected shall take a number corresponding to the order of inspection, the numbers being continuous until Hops being the growth of the next ensuing year shall be presented for inspection; and the said Inspector shall also mark upon each bale or package inspected the number corresponding to the entry in his book.

9. For all the services to be performed as aforesaid, each Inspector shall be entitled to charge to the owner of the said Hops, or to the person presenting the said Hops for inspection, the sum of two shillings and six pence for every hundred pounds weight inspected, and he shall be entitled to charge a reasonable sum for storage of the same for the actual time they may be left in his possession after the first twenty-four hours from the time of such inspection, and he shall not be entitled to make any further charges for any services performed under this Act; but the said Inspector shall not be liable for losses by fire or other accidents which he could not have reasonably foreseen and prevented.

10. Each Inspector of Hops may appoint and remove from time to time some skilful person to act as his Assistant in case of the absence, sickness or other incapacity of such Inspector, which Assistant shall, on being required so to do, perform the several duties and acts hereinbefore assigned to the said Inspector, except that he shall mark his own name and the name of his office, "Assistant Inspector," upon every bale and package by him inspected, and for the performance of such services he shall receive such remuneration as may be agreed upon between himself and the said Inspector of Hops.

11. The Inspector of Hops and his said sureties shall be his sureties to responsible for the acts of his Assistant done under this Act, in be responsible the same manner and to the same extent that he would have been responsible had they been done and performed by himself; And each such Assistant, before he shall act as such, shall take and subscribe the following oath, before the Mayor of the city in which he shall be appointed, who is hereby required and authorized to administer the same:

sworn.

"I, A. B., do swear that I will diligently, faithfully and The oath. "impartially execute the office of Assistant of the Inspector of "Hops, for the city of , according to the true intent "and meaning of an Act of the Legislature of this Province, "intituled, An Act to provide for the inspection of Hops, and "that I will not directly or indirectly, personally or by means "of 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 Inspec“tor), and that I will not directly or indirectly, trade in Hops, "or be in any manner concerned in the purchase or sale of the same, nor will I be or remain in the employment or service "of any person or persons who may be engaged in the growth, "traffic or consumption of Hops during the time I shall con"tinue such Assistant Inspector. So help me God."

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&c., for offen

12. Any Inspector who shall, or whose Assistant shall, Punishment during his and their continuance in office, directly or indirectly of Inspectors, be concerned in the buying or selling of any Hops, or partici- ces against pate in any transaction or profit arising therefrom (farther than this Act. the fees or emoluments granted by this Act), or shall date any Penalty. weigh note or bill of inspection differently from the time when the Hops were actually inspected, or shall issue the same without any date, or who shall not conform to the provisions of this Act, shall, for every such offence, incur a forfeiture or penalty not exceeding fifty pounds currency, and be for ever thereafter disqualified and disabled from holding or exercising the duty or office of Inspector of Hops; and every Inspector or Certain offenAssistant Inspector, or clerk or other person, who shall make or ces to be felony. cause to be made any fraudulent bill of Hops, shall be guilty of felony, and shall, upon conviction thereof, be confined at hard labor in the Provincial Penitentiary for any term not exceeding seven years.

13. If any Inspector, or his Assistant not then employed in Penalty for the Inspection of Hops, shall, on application on lawful days refusing to between sun-rise and sun-set to him made, refuse to receive inspect, &•« any Hops, or shall neglect or delay to proceed in such examination and inspection for the space of three hours after such application so made to him, the said Inspector or his Assistant so in default, shall, for each such offence, forfeit the sum of five pounds current money, to the use of the person or persons so delayed.

14. If any person counterfeits any of the aforesaid brand Penalty for marks or other marks of any Inspection of Hops,-or, without counterfeiting the consent of such Inspector, impresses or brands the same, or marks, &c. Inspector's any other mark purporting to be the mark of any such Inspector, on any package containing Hops, either with the proper marking tools of such Inspector, or with any counterfeit thereof; or empties any package of Hops branded or marked by any such Inspector, in order to put therein Hops for sale or exportation,