have passed

shall not, previous to his appointment, have passed an examinexamination. ation before one of the said Boards of Examiners, and obtained a certificate as to his fitness, character and capacity.

Inspectors to give security,

and to be sworn.

Oath of Inspector.

Inspector may appoint Assistants.

Oath of Assistant.

Oath to be recorded.

3. Every Inspector before acting as such shall furnish two good and sufficient sureties jointly and severally with himself for the due performance of the duties of his office, in the sum of one thousand dollars, to be approved by the chief Municipal Officer of the City or Town for which he shall have been appointed, in a Bond to be executed to Her Majesty, Her Heirs and Successors, and such Bond shall avail to the Crown, and to all persons whomsoever who shall or may be aggrieved by any breach of the conditions thereof; and every Inspector before acting as such shall take and subscribe the following Oath before the chief Municipal Officer of the City or Town for which he shall be appointed, who is hereby required to administer the

same:

"I, A. B., do solemnly swear that I will faithfully, truly and impartially, to the best of my judgment, skill, and understanding, do and perform the office and duty of an Inspector of "Sole Leather, and that I will not directly or indirectly, by my"self, or by any other person or persons whomsoever, trade or "deal in Leather, or be connected in any such trade, or pur"chase any Leather of any description, otherwise than for the "use of my family, during the time I shall continue such Inspector. So help me God."

4. Any such Inspector of Sole Leather shall and may appoint one or as many more Assistants as he may from time to time require, or be required to appoint by the Board of Trade of the City for which he is appointed, for the acts of which Assistant or Assistants he shall be and is hereby declared to be responsible, and each such Assistant shall take and subscribe the following Oath before the Mayor, or Chief Municipal Officer of the City or Town for which he shall be appointed, who is hereby required to administer the same :

"I, A. B., do swear that I will diligently, faithfully and impartially, perform the duties of the office of Assistant to the "Inspector of Sole Leather for and that I "will not directly or indirectly, myself or by any other person "or persons whomsoever, trade or deal in Leather, or be con"nected in any such trade, or purchase any Leather of any "description, otherwise than for the use of my family, during "the time that I shall continue such Assistant Inspector. "help me God."

So

5. Every Oath taken and every Bond made or executed by any such Inspector, and every Oath taken by any such Assistant Inspector, shall be recorded at the office of the Chief Municipal Officer of the place for which such Inspector or Assistant

Inspector

Inspector shall be appointed; and every person shall be entitled Fees for copy, to have communication and copy of any such Oath or Bond, &c. upon payment to the Treasurer of the Municipality of twenty cents, for every communication, and fifty cents, for each

copy.

6. Every such Assistant Inspector shall respectively be paid Assistant to by, and shall hold his office at the pleasure of the Inspector, be paid by Inspector. and may be removed or re-installed, or others may be appointed in his stead by such Inspector.

on applica

7. Every Inspector or Assistant Inspector so nominated and Inspector appointed, may examine and inspect any side or piece of Lea- must inspect ther on application being made to him for that purpose by the pro- tion. prietor or possessor thereof, and ascertain the respective weight, qualities and conditions thereof.

made-as

8. Such Inspection may be made either at the store, shop where inspec or warehouse of such Inspector, which he is hereby required tion may be to keep in a convenient situation for that purpose, or at some to charges. store within the limits of the place for which the Inspector shall be appointed, respectively, at the option of the proprietor or possessor of such Leather, and when such Inspection shall be made at the store of the said Inspector, there shall be no charge for storage till twenty-four hours after the Leather has been inspected, but all trouble and expense attendant upon the loading, unloading and moving the said Leather shall be at the cost of the person at whose request the said Leather has been inspected.

be marked.

9. Each Inspector or Assistant Inspector, shall provide How inspected and have a sufficient number of brands or marking instruments, leather is to wherewith he shall brand or mark, or cause to be branded or marked immediately after inspection, on each side or piece of Leather, the name of the place of inspection, as the case may be, and the initials of the name of the Inspector, with the name or kind of the Leather and the weight and quality thereof as hereinafter directed; and on each side or piece which may be Damaged found to be of a damaged or unmerchantable quality, the In- leather to be spector or Assistant Inspector shall brand or cause to be branded the word "Rejected" or "Damaged" in letters as large as those upon the rest of the brand or inspection mark.

marked as

such.

10. All brand marks shall be neat and legible, and shall be Brand marks. made at one end of the leather within a space not exceeding two

inches long by one inch and a half broad.

11. Every kind of sole leather shall be divided as to its quality Classification into three classes, to be known as Number One, Number Two, and of sole leather. Number Three; and such leather as is ordinarily distinguished among dealers by its comparative weight, shall also be divided into three classes, to be known as heavy, middling, and light 7 weight;

Qualities to be marked.

How the mark

be affixed.

weight; every piece or side of leather under fourteen pounds weight shall be considered light, every piece or side of leather of fourteen pounds weight and under twenty pounds weight shall be considered middling, and every piece or side of leather of twenty pounds weight and over shall be considered heavy or over weight.

12. Leather of the first, second or third quality shall be marked or branded respectively by the figures 1, 2 or 3.

13. The brand or mark to be used by every Inspector or or brand shall Assistant Inspector of Leather, may be affixed by stamping, or by any other process rendering such brand or mark indelible, and every such brand or mark, so far as circumstances will permit, shall be in the form B to this Act annexed, or to the like effect.

Remuneration

14. For every side or piece of sole leather so inspected of Inspector. every Inspector shall be entitled to demand and receive from the party requiring the inspection of the same, the sum of two

Disputes be

tween owners of leather and Inspectors, how to be settled.

cents.

15. If any dispute arise between an Inspector and the proprietor or possessor of any leather inspected by him or his assistant, with regard to the weight, quality or condition thereof, or relating in any respect to the same, upon application by either of the parties, to any Justice of the Peace at the place at which such Inspector shall reside, the said Justice of the Peace shall issue a summons to three persons of skill and integrity, one to be named by the Inspector, another by the proprietor or possessor of the leather, and the third by the Justice of the Peace, requiring the said three persons immediately to examine the said leather, and report under oath their opinion in writing of the weight, quality and condition thereof, and their decision, or that of the majority of them made shall be final and conclusive, whether approving or disapproving the judgment of the Inspec tor, who shall immediately attend and conform thereto, and brand or mark or cause to be branded or marked such leather, of the weight, quality or condition directed by the decision aforesaid; and if the opinion of the Inspector be thereby confirmed, the reasonable costs and charges of re-examination as ascertained and awarded by the said Justice of the Peace, shall be paid by the said proprietor or possessor of the leather, or if Proviso as to otherwise by the Inspector; Provided always that no Inspector shall be liable for costs or damages for any deficiency or excess in the weight of such leather, unless such deficiency or excess in the weight exceed five per cent of the whole weight of the said leather.

costs.

:

16.

complaints a

16. The Board of Trade of any City or Town may examine Boards of into any complaints made against any Inspector for neglect or Trade to exaimproper performance of his duties, and if they shall decide that mine into such complaints are well founded, and that such Inspector ought gainst Into be removed from office, they may notify such decision to the spector. Governor in Council, who shall thereupon remove such Inspector from his office and appoint another in his stead, as provided in section one of this Act.

Penalty on

inspect.

17. Any Inspector or Assistant Inspector so nominated or appointed who shall refuse or neglect, on application to him inspector for personally made, or by writing left at his dwelling house, store, refusing or office or warehouse on any lawful day between sun-rise and neglecting to sun-set, by any proprietor or possessor of Leather, (such Inspector or Assistant Inspector not being at the time of such application employed in inspecting leather,) immediately, or within two hours thereafter, to proceed to such inspection, shall for every such neglect or refusal, forfeit and pay to such person so applying, on conviction thereof, on the oath of one credible witness, other than the informer, the sum of twenty dollars over and above all the damages occasioned by such refusal or neglect to the party compiaining.

18. No Inspector or Assistant Inspector shall directly or Inspectors not indirectly trade or deal in Leather, or be concerned in any such to deal in trade, or purchase any Leather of any description, otherwise than leather. for the use of his own family, under the penalty of forty Penalty. dollars, for each and every such offence, and of being immediately removed from the office, and of being disqualified from holding such office in future.

19. Any person who shall with fraudulent intentions, Penalty for efface or cause to be effaced from any side or piece of Leather effacing or having undergone inspection, all or any of the Inspector's imitating Inmarks, or shall counterfeit any such mark or marks, or impress marks. or brand any mark purporting to be the mark of the Inspector, either with the proper marking tools of such Inspector, or with counterfeit representations thereof on any side or piece of Leather, or (not being an Inspector, appointed under this Act) shall brand or mark any Leather with the Inspector's mark or any part thereof, or shall connive at or be privy to any fraudulent evasions of the provisions of this Act, shall, for every such offence respectively, incur a penalty of forty dollars; and any Inspector who shall inspect or brand or mark any And on InLeather out of the limits for which he shall be appointed, or spectors acshall hire out his marks to any person whatsoever, or shall con- their limits, ting out of nive at or be privy to any fraudulent evasion or inspection of or lending out Leather by others, shall for each such offence incur a penalty their brands. of forty dollars, and be immediately removed from his office, and be disqualified from holding such office in

Recovery and 20. All penalties imposed by this Act, shall be recoverable application of by the Inspector or by any other person suing for the same, in a penalties. summary way before any Justice of the Peace, and the moiety of all fines (except as hereinbefore otherwise applied) shall be paid to the Treasurer of the City, Town, or Place where the offence was committed, for the public uses of the Corporation thereof, and the other moiety shall belong to and be paid to the person who shall sue for the same: Provided always that if an Officer of the Corporation of such place be the prosecutor, the whole penalty shall belong to the Corporation for the uses aforesaid.

Proviso.

Limitation of suits.

21. No suit or prosecution for any pecuniary penalty incurred under this Act, for any offence against its provisions shall be commenced after the expiration of six months after the commission of the offence.

Inspection not 22. Nothing in this Act shall be construed to oblige any compulsory. person to cause any Sole Leather to be inspected, but if inspected it shall be subject to the provisions of this Act, and shail not be marked or branded as inspected, unless the said provisions have been in all respects complied with as regards such Leather.

FORM A.

"I, A. B., do solemnly swear, that I will not directly or "indirectly, personally or by means of any person on my be"half, receive any fee, reward or gratuity whatever by reason "of any function of my office as Examiner, and that I will "therein well and truly in all things act without partiality, "favour or affection and to the best of my understanding "So help me God."