FISH INSPECTION ACT, 1914 183 



hundred dollars or six months' imprisonment, or both: Provided that nothing 

 in this section contained shall operate so as to prevent any person or firm from 

 applying to any barrel, half-barrel or other package containing fish of any kind 

 whatsoever, any private trade mark. 



17. Any person who alters, destroys, erases or falsifies any declaration or 

 other document prescribed for use under the provisions of this Act or under 

 the regulations shall be liable to a penalty of not less than twenty dollars and 

 costs, and in default of payment to imprisonment for a term of not less than 

 two months, or both, and not more than five hundred dollars or six months' 

 imprisonment, or both. 



18. Any person who empties, or partially empties, or causes to be emptied 

 or partially emptied, any barrel, half -barrel, or other package of fish which has 

 been inspected and branded, in order to put into such barrel, half-barrel or 

 other package any fish of the same kind or of any other kind, not contained 

 therein at the time of inspection, or who uses any barrel, half-barrel or other 

 package which has previous to such use been inspected and branded, without 

 completely obliterating the brand or marks, shall be liable to a penalty of not 

 less than one hundred dollars and costs, and in default of payment to imprison- 

 ment for a term of not less than three months, or both. 



19. If any marks branded on any barrel, half-barrel or other package of fish 

 by any qualified inspecting ofiicer pursuant to this Act, or to the regulations, 

 are altered or defaced, so long as such barrels, half-barrels or other packages 

 contain the fish inspected in them, every such barrel, half-barrel or other package 

 with the fish therein contained shall be forfeited to His Majesty, and may be 

 seized by any inspecting ofiicer. 



20. If any dispute arises between any inspecting oiBcer and the owner, 

 packer or possessor of any barrels, half-barrels or other packages of cured fish 

 inspected by said officer, with regard to the quality or condition of such barrels, 

 half-barrels or other packages or the fish they contain, such dispute shall be 

 forthwith referred to another inspecting officer whose decision in the premises 

 shall be final: Provided that no appeal from the inspecting officer's decision 

 shall be considered in any case where the identity of the article in dispute has 

 not been preserved. 



21. If the opinion of the inspecting officer is confirmed, the travelling ex- 

 penses of the referee in connection with the re-examination shall be paid by the 

 owner, packer or possessor of such articles ; and if otherwise, by the Department. 



22. The Governor in Council may make regulations for the guidance of 

 inspecting officers re-examining any article, on appeal from the decision of any 

 other inspecting officer. 



23. Any inspecting officer or constable may arrest without a warrant any 

 person found committing an offence against the provisions of this Act, and 

 shall forthwith take any person so arrested before a justice of the peace to be 

 examined and dealt with according to law; a person so arrested shall not be 

 detained in custody, without the order of a justice of the peace, longer than 

 twenty-four hours. 



24. Any inspecting officer charged with the enforcement of this Act may 

 enter upon any premises to make examination of any barrel, half-barrel or other 

 package of fish suspected of being or having been falsely marked or packed in 

 violation of the provisions of this Act or the regulations, whether such barrel, 

 half-barrel or other package is on the premises of the owner, or elsewhere. 



25. Every offence against this Act, or against any regulation, shall for the 

 purposes of legal proceedings be deemed to have been committed, and every 



