Imágenes de páginas

Right ofparty from whom the sample is obtained

to prevent tampering with it.

What the Certificate must shew.

Expense of

analysis, how paid.

Penalty on

persons mixing deleterious articles with food, &c

20. The person from whom any sample is obtained under this Act may require the officer obtaining it to annex to every vessel containing any such sample the name and address of such person, and to secure with a seal or seals belonging to him the vessel containing the sample and the address annexed thereto in such manner that the vessel cannot be opened or the name and address taken off without breaking such seals; and a corresponding sample sealed by such officer with his own seal shall, if required, be left with the person from whom the sample is taken for reference in case of disputes as to the correctness of the analysis or otherwise; and the certificate of the person who analyses such samples shall state the name and address of the person from whom they were obtained, and that the vessels were not open, and that the seals securing to the vessels the name and address of such person were not broken until such time as he opened the vessels far the purpose of making his analysis; and in such case as aforesaid no certificate shall be receivable in evidence unless there is contained therein such statement as above or to the like effect.

21. Any expenses incurred in analyzing any food, drink or drugs in pursuance of this Act shall, if the person from whom the sample is taken be convicted of having in his possession, selling or exposing for sale adulterated food, drink or drugs in contravention of this Act, be deemed to be a portion of the costs of the proceedings against him, and shall be paid by him accordingly. In any other event, such expenses shall be paid as part of the expenses of the officer who procured the sample.

22. Every person who shall wilfully admix, and every person who shall order any other person to admix with any article of food or drink any deleterious or poisonous ingredient or material to adulterate the same for sale, and every person who shall wilfully admix and every person who shall order any other person to admix any ingredient or material with any drug to adulterate the same for sale, shall, for the first offence forfeit and pay a penalty of one hundred dollars, together with the costs Second offence. attending the. conviction, and for the second offence shall be guilty of a misdemeanour, and be imprisoned for a period not exceeding six calendar months with hard labour.

Or offering articles so

nixed for sale.

And for subsequent offence.

23. Every person who shall sell or offer for sale any article of food or drink with which, to the knowledge of such person any deleterious ingredient or material injurious to the health of persons eating or drinking such article has been mixed, and every person who shall sell as unadulterated any article of food or drink or any article commonly used in the preparation of food or drink or any drug which is adulterated, shall, for every such offence, on conviction of the same, pay a penalty of one hundred dollars, together with the costs attending such conviction; and if any person so convicted shall afterward commit a like offence, he shall pay a penalty of two hundred dol

lars, and in either case the adulterated articles shall be seized as forfeited to the Crown.

held to have

24. Any person who shall sell any article of food or drink Who shall be or any drug, knowing the same to have been mixed with any sold adulterother substance with intent fraudulently to increase its weight ated food, &c. or bulk, and who shall not declare such admixture to any purchaser thereof before delivering the same, and no other, shall be deemed to have sold an adulterated article of food, or drink, or drug as the case may be, under this Act.

Every person who mixes or causes to be mixed with any As to adulterintoxicating liquors sold or exposed for sale by him, any dele- ated drinks. terious ingredient, that is to say, any. of the ingredients specified in the second schedule to this Act, or added to such schedule by any Order in Council made under this Act, or any ingredient deleterious to health;

Every person who sells, or keeps, or exposes for sale any in- Keeping or toxicating liquors mixed with any deleterious ingredient; and selling them.

Every compounder, or dealer in, and every manufacturer of Compounders, &c., knowingintoxicating liquors, who has in his possession or in any part of ly having the premises occupied by him as such, any adulterated liquor, adulterated knowing it to be adulterated, or any deleterious ingredient liquors in pos specified in the second schedule hereto, or added to such schedule by Order of the Governor in Council, for the possession of which he is unable to account to the satisfaction of the court before which the case is tried, shall be deemed knowingly to have exposed for sale adulterated liquor; and shall be liable for the first offence to a penalty not exceeding one hundred dollars, or to imprisonment for a term not exceeding one month, with or without hard labour; and for the second or any succeeding offence, to a penalty not exceeding four hundred dollars, or to Subsequent imprisonment for a time not exceeding three months with or without hard labour.



25. This Act shall be read and construed as one Act with How this Act

strued and

the Act passed in the thirty-first year of Her Majesty's reign, shall be conand entitled "An Act respecting the Inland Revenue," and applied. every clause, matter or thing, in the said Act, whether enacted 31 V., c. 8. with special reference to any particular business or trade, or with general reference to the collection of Revenue; or the prevention, detection or punishment of fraud or neglect in relation thereto, shall extend, apply, be construed and have effect with reference to this Act as if they had been enacted with special reference to the matters and things herein enacted.

to be enforced

Every penalty or forfeiture hereby imposed may be enforced Penalties, &c., and dealt with as if imposed under the said Act, and every as if incurred compounder, and the apparatus used by him, and the place in under that which his business is carried on, and the articles made or com- Act

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pounded by him, or used in compounding any such article, shall be "subject to excise" under the said Act; and any person acting as a compounder without a license shall be liable to the like penalties and forfeitures as a distiller acting without a license under the said Act; and a license under this Act shall be granted and renewable or forfeited as and for like periods and on like conditions, as a distiller's license under the said Act, subject to any provisions or alterations made by regulations of the Governor in Council as hereinafter provided.

The Governor in Council may, from time to time, make such regulations as to him may seem necessary for carrying into effect the provisions of this Act, and for declaring, in cases of doubt, to what extent the provisions of the Act herein cited shall apply to the enforcement of the provisions of this Act; and every such regulation published in the Canada Gazette shall have the same effect in law as if contained in this Act.

26. This Act shall take effect from and after the first day of January, 1875, and may be cited as the "Inland Revenue Act of 1875."



Imitations of British or foreign wines, brandy, rum, gin, old tom, Geneva schnapps, British or foreign whiskey, and bitter liqueurs and cordials when containing alcohol.


Deleterious Ingredients.

Cocculus indicus, chloride of sodium (otherwise common salt), copperas, opium, Indian hemp, strychnine, tobacco, darnel seed, extract of logwood, salts of zinc or lead, alum, and any extract or compound of any of the above ingredients.


31 VICT. CAP. 39.

An Act respecting the Department of Justice.

[Assented to 22nd May, 1868.]

HER MAJESTY, by and with the advice and consent of the Preamble.


Senate and House of Commons of Canada, enacts as

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Minister of

1. There shall be a Department of the Civil Service of Department Canada, to be called "The Department of Justice over which constituted. The Minister of Justice of Canada, for the time being, appointed Justice to preby the Governor by Commission under the Great Seal, and who side: to be shall, ex-officio, be Her Majesty's Attorney-General of Canada, shall preside; and the said Minister of Justice shall hold office during pleasure and shall have the management and direction of the Department of Justice.


2. The duties of the Minister of Justice shall be as follows: Duties of the He shall be the official legal adviser of the Governor and the Minister; as official legal legal Member of Her Majesty's Privy Council for Canada; adviser of the It shall be his duty to see that the administration of public Crown. affairs is in accordance with law; He shall have the superintendence of all matters connected with the administration of Justice in Canada, not within the jurisdiction of the Govern

ments of the Provinces composing the same; He shall advise As to Legislaupon the Legislative Acts and proceedings of each of the tive Acts. Legislatures of the Provinces of Canada, and generally advise

the Crown upon all matters of Law referred to him by the General duties. Crown; and he shall be charged generally with such other duties as may at any time be assigned by the Governor in Council to the Minister of Justice.

and duties as

3. The duties of the Attorney-General of Canada shall be as His powers follows: He shall be intrusted with the powers and charged Attorneywith the duties which belong to the office of the Attorney- General General of England by law or usage so far as the same powers and duties are applicable to Canada, and also with the powers and duties which by the laws of the several Provinces belonged to the office of Attorney-General of each Province up to the



time when the British North America Act, 1867, came into effect, and which Laws under the provisions of the said Act are to be administered and carried into effect by the Government of the Dominion; He shall advise the Heads of the several DeHeads of Departments of the Government upon all matters of Law connected with such Departments; He shall be charged with the settlement and approval of all instruments issued under the Great Seal of Canada; He shall have the superintendence of Penitentiaries and the Prison System of the Dominion; He shall have the regulation and conduct of all litigation for or against the Crown or any Public Department, in respect of any subjects within the authority or jurisdiction of. the Dominion; And he shall be charged generally with such other duties as may at any time be assigned by the Governor in Council to the Attorney-General of Canada.

Instruments unde Great Seal.

Penitentia ies

and prisons.

Litigation for

the Crown.

General duties.

Duties of

Minister of

4. The Governor may also appoint a "Deputy of the Minister of Justice" who shall be charged, under the Minister of Deputy of the Justice, with the performance of the departmental duties of the Minister of Justice and of the Attorney-General of Canada, and with the control and management of the officers, clerks and servants of the Department, and with such other powers and duties as may be assigned to him by the Governor in Council.


Officers and Clerks of the Department.

5. The Governor may also appoint, subject to the Canada Civil Service Act, 1868, such officers, clerks and servants as may be requisite for the proper conduct of the business of the Department, all of whom, as well as the Deputy of the Minister, shall hold office during pleasure.



31 VICT. CAP. 40.

An Act respecting the Militia and Defence of the
Dominion of Canada.

[Assented to 22nd May, 1868.] HER MAJESTY, by and with the advice and consent of the

Senate and House of Commons of Canada, enacts as


NOTE.-The Militia Acts passed by the Province of Canada are not repealed by the above Act, except so far as inconsistent, see section 99 post, but most of their provesions are embodied in it.

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