APPENDIX 185 



the words " falsely marked " in a plain and indelible manner 

 on such package. 



The Inspector shall give notice by letter or telegram to 

 the packer whose name is marked on the package before he 

 marks the words " falsely marked " on such package. 



10. Every person who wilfully alters, effaces, or obliter- 

 ates wholly or partially, or causes to be altered, effaced or 

 obliterated, any inspector's marks on any package which 

 has undergone inspection shall incur a penalty of forty dollars. 



11. The person on whose behalf any fruit is packed, sold, 

 offered or had in possession for sale, contrary to the provisions 

 of the foregoing sections of this Act, shall h^ prii/ui facie liable 

 for the violation of this Act. 



12. Any person charged with the enforcement of this .\ct 

 may enter upon any premises to make any examination of any 

 packages of fruit suspected of being falsely marked in viola- 

 tion of any of the provisions of this Act, whether such pack- 

 ages are on the premises of the owner, or on other premises, 

 or in the possession of a railway or steamship company; and 

 any person who obstructs or refuses to permit the making of 

 any such examination shall, upon summary conviction, be 

 liable to a penalty not exceeding five hundred dollars and not 

 less than twenty-five dollars, together with the costs of prose- 

 cution, and in default of payment of such penalty and costs, 

 shall be liable to imprisonment, with or without hard labor, 

 for a term not exceeding six months, unles.s the said penalty 

 and costs of enforcing it are sooner paid. 



13. In any complaint, information or conviction under 

 this Act, the matter complained of may be declared, and shall 

 be held to have arisen, within the meaning of Part LVIII of 

 The Ciiiniual Code, 1892 at the place where the fruit was 

 packed, sold, offered, exposed or had in possession for sale. 



14. No appeal shall lie from any conviction under this 

 Act except to a superior, county, circuit or district court, or 

 the court of the sessions of the peace having jurisdiction 

 where the conviction was had; and such appeal shall be 

 brought, notice of appeal in writing given, recognizance 

 entered into, or deposit made within ten days after the date 



