[401] HISTORY OF THE MACKEREL FISHERY. 491 



Limitation of time for commencing suits tinder this act 



17. Any action or suit against any person for anything done in pur- 

 suance of this act, or contrary to its provisions, shall be commenced 

 within six months next after the matter or thing done or omitted to be 

 done, and not afterwards ; and the defendant therein may plead the 

 general issue, and give this act and the special matter in evidence, and 

 at any trial therein, and that the same was done under this act ; and if 

 it appears so to have been done, then the judgment shall be for the de- 

 fendant ; and if the plaintiff is non-suited or discontinues his action 

 after the defendant has appeared, or if judgment is given against the 

 plaint.ifl" the defendant shall recover treble costs and have the like rem- 

 edy for the same as defendants have in other cases. 



Payment of cost of inspection, ichen article is sold subject to inspection. 



18. In all cases where any article is sold subject to inspection, the 

 person applying to the inspector shall be entitled to reimbursement of 

 the cost of inspection from the vendor, if such api)licant be not himself 

 the vendor, unless an express stipulation to the contrary is made at the 

 time of the sale, or of the agreement to submit to inspection; and such 

 agreement to submit to inspection shall imply a warranty that the arti- 

 cle in question is of the quality for which it is sold, and that all the re- 

 quirements of this act have been complied with as to such article and 

 the packages in which it is contained, unless it be otherwise expressly 

 stipulated. 



Inspection not ahvays compulsory. — Lien for fees. 



19. Nothing in this act shall oblige any person to cause any article to 

 be inspected, unless such inspection is expressly declared to be com- 

 pulsory, but if inspected, it shall be subject to the provisions of this act, 

 and shall not be brauded or marked as inspected unless the said provis- 

 ions have been in all respects complied with, with respect to such arti- 

 cle and the packages in which it is contained. Inspectors and their 

 deputies shall be paid their fees upon the articles inspected by them by 

 privilege and preference over all other creditors, and may retain pos- 

 session of the articles insj^ected until the fees to which they are entitled 

 under this act shall have been paid. 



The governor in council may make regulations whenever he deems it 

 necessary to do so, for the apportionment of the fees paid under this 

 act between the inspectors and their deputies, and for providing for the 

 payment of fees to the examiners appointed under this act by parties 

 who present themselves for examination; and every such regulation 

 may be rescinded or varied from time to time. 



Inspection law of 1873 repealed. 



20. The act passed in the session held in the thirty-sixth year of Her 

 Majesty's reign, intituled '■'■An act to amend and to consolidate and to ex- 



