REPORT OF COMMISSIONER OF FISH AND FISHERIES. [400] 



the time of such inspection, or uses for the purpose of packing any ar- 

 ticle, any old package bearing inspection marks, or (not being an in- 

 spector or deputy inspector of any article) brands or marks any package 

 containing it, with the inspector's marks, or gives any certificate pur. 

 porting to be a certificate of inspection of any article ; and any person 

 who being m the employ of any inspector or deputy inspector, or of any 

 manufacturer or packer of any article subject to inspection, hires or 

 lends the marks or marking instruments of his employer to any person 

 whatever, or connives at, or is privy to any fraudulent evasion of this 

 act with respect to any such marks as aforesaid, shall, for such offence, 

 incur a penalty of forty dollars; and any inspector or deputy inspector 

 who inspects or brands or marks any article out of the local limits for 

 which he is appointed, or hires out or lends his marking instruments 

 to any person whomsoever, or gives any certificate of inspection without 

 having personally performed the inspection, or any willfully false or un- 

 true certificate, or connives at or is privy to any fraudulent evasion of 

 this act, shall, for each such offence, incur a penalty of one hundred dol- 

 lars, and shall forfeit his office, aud shall be disqualified from ever after 

 holding the same. 



Assuming title of inspector or deputy inspector without authority. 



15. Any person not thereunto duly authorized under this act, who in 

 in any manner whatever assumes the title of inspector or deputy in- 

 spect or, or issues any bill, certificate, or declaration purporting to estab- 

 lish the quality of any pot-ashes or pearl-ashes, flour or meal, beef or 

 pork, grain, pickled fish or fish oil, butter, leather, or raw hides, shall, 

 for such offence, incur a penalty not exceeding one hundred dollars. 



Penalties, how recovered and applied. 



16. Every penalty and forfeiture imposed by this act, or by any regula- 

 tion made under it, not exceeding forty dollars, shall, except when it is 

 otherwise herein provided, be recoveable by any inspector or deputy in- 

 spector, or by any other person suing for the same, in a summary way 

 before any two justices of the peace for the place, in their ordinary or 

 other sessions, and shall, in default of payment, be levied by warrant of 

 distress, to be issued by such justices against the goods and chattels of 

 the offender; and where such penalty or forfeiture exceeds forty dol- 

 lars it may be sued for and recovered by any such inspector, deputy 

 inspector, or any other person, by bill, plaint, information, or civil ac- 

 tion, in any recorder's court, or in any court having jurisdiction in civil 

 cases to the amount, and may be levied by execution as in case of debt. 

 Aud the moiety of all such penalties (except such as may be herein 

 otherwise applied) when recovered shall belong to the Crown for the 

 public uses of the Dominion, and the other moiety shall l»long to and 

 be paid to the inspector, or deputy inspector, or other person suing for 

 the same. 



