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1. There shall be collected and paid to the Receiver General for use of the Province, within one week from the commencement of every auction sale, one dollar for erery hundred dollars in value upon all goods sold, and at the same rate for every greater or less sum; but tea imported direct from China, goods of the Crown, or seized for any forfeiture or penalty, lands, vessels, cattle, salt, coal, household effects, agricultural products, and manufactures of this Province or Nora Scotia, effects of deceased persons, goods distrained for rent or taken in execution, effects of insolvent, absconding, or absent debtors, goods damaged at sea and sold within twenty days after landing,shall be exempt from duty.
2. Every Auctioneer shall, unless otherwise provided, be licensed by the Governor; and shall execute a bond (A) to the Queen, with two sureties satisfactory to the Receiver General ; if within the City of Saint John the penalty of the bond shall be two thousand dollars ; in all other parts of the Province it shall be eight handred dollars. If the sureties or either of them die, remove from the Province, or in the opinion of the Receiver General become insufficient, he may require a new bond with like su reties and conditions, and if not given within one month the license shall be forfeited.
3. Whoever shall sell any lands or goods by auction, without license, and executing the bond aforesaid, shall for each act of selling be liable to a penalty of four hundred dollars.
4. Every Auctioneer who shall not within thirty days from the end of every three months render to the Receiver General an account in writing on oath (B) as in the Schedule hereto, of all auction sales by him, and pay the duties thereon to such officer, shall for each omission be liable to a penalty of two hundred dollars. The oath provided in this Section may be administered by any Justice of the Peace of the County where the party attesting may reside.
5. The Receiver General shall require such accounts to be regularly furnished, and proceedings to be instituted if neglected, and shall keep a book of entries of all moneys received for auction duties.
6. Licensed Auctioneers shall within ten days after the first day of every year pay to the Treasurer of the County for which he holds the license, such sum as the County Council may order, not exceeding forty dollars, and on neglecting to pay the same shall forfeit eighty dollars, to be recovered with costs in the name of such Treasurer; the said sums to be applied as other contingent funds of the County. In the City of Saint John the Auctioneer shall pay to the Chamberlain for the use of the Corporation, a sum not exceeding one hundred and twenty dollars; and this Chapter shall not interfere with any of the privileges of the said City, or with any law relating to the City of Fredericton, or any other incorporated City or Town.
7. All penalties incurred under this Chapter, except the penalty mentioned in Section six, shall be recovered with costs by information of the Attorney Generalin the Supreme Court, and shall be paid, after deducting costs, to the Receiver General, for the use of the Province. The penalty mentioned in the sixth Section shall be recovered with costs in the name of the County Treasurer, by action in the County Court, and applied, after deducting costs, as hereinbefore directed.
(A) Know all men that we, (naming the parties and their descriptions our heirs, and representatives, are jointly and severally bound unto the Queen in the sum of to be paid to Her Majesty.-Sealed and dated the day of A. D. 187
The condition of this obligation is, that if the above bounden
being a licensed Auctioneer for the County of
shall render a true account on oath to the Receirer General of all goods liable to auction duty sold by him, and punctually pay such duties to the Receiver General, and act in all things as such Auctioneer according to law, then the said obligation shall be void otherwise to be in full force. Sealed and delivered , in the presence of 1
I, A. B., do swear that the account exhibited, signed by me, contains the particulars of all sales liable to auction duty made by me, or any person under me, within the time herein mentioned.--So help me God. A. B.
Sworn at the Parish of in) the County of the day E. F., J. P. for the of A D. 187 , before me, ") County of
Section. ! Watches, &c., when may be solid; 3 Neglect to pay surplus (if any); notice of sale to be given.
penalty for. 2 Surplus (if any) to whoin paid
after sale; proviso. 1. All watches, jewelry, and other articles, lest by any person with any watchmaker or jeweller in this Province, to be mended or repaired in any way, may, where no agreement is made to the contrary, if not called for within six years from the time such watch, jewelry or other article was left as aforesaid, be sold at public auction by the watchmaker or jeweller, upon four weeks' public notice of the time and place of sale, which place shall be in the Parish, City or Town where the watchmaker or jeweller resides, posted in three or more public places in such Parish, City, or Town, and also in two successive issues of a newspaper published in the County, if any such newspaper is published,and such notice shall have specified therein the name of the person who left such watch, jewelry, or other article, if known, the date when the same was left, and if a watch, the maker and number of the watch, and the amount of charges thereon.
2. If such watches, jewelry or other articles shall be sold. and realize more than the charge due thereon, with interest, together with the costs and expenses of advertising and selling, the surplus shall be paid by the watchmaker or jeweller, on demand, to the person who left the same for repairs, or to his or her legal representatives; provided nevertheless, that such demand shall be made therefor within six months after such sale ; and in the event of no such demand being made before the expiration of the six months last mentioned, the said surplus shall be paid to th Receiver General, and the watchmaker or jeweller shall at the same time file with the Receiver General a copy of the advertisement under which such sale was made, and a detailed statement of the articles sold and prices obtained ; provided always, that if the owner of any watch or jewelry so sold, or his legal rpresentative, shall make application within six years for the sum so paid in, the Receiver General is hereby authorized to pay back the same to him.
3. If any sale be made under the provisions of this Chapter, and the watchmaker or jeweller refuse or neglect, upon demand duly made under the provisions hereof, to pay the surplus of any such sale, after deducting the amounts authorized hereby to be deducted, to the person entitled to receive the same, or if the said watchmaker or jeweller shall omit for the space of four weeks after the expiration of the six months from the time of any such sale, (the said surplus not having been demanded as aforesaid), to pay such surplus into the hands of the Receiver General, and to file the papers as aforesasd, such watchmaker or jeweller shall be liable in any such case to a penalty of not exceeding one hundred dollars, to be recovered before any two Justices of the Peace, or before any Police or Stipendiary Magistrate residing in the County where such watchmaker or jeweller resides, uuder the Chapter relating to Summary Convictions.
CHAPTER 96. THE PROTECTION OF BUTTER AND CHEESE MANUFACTURERS. Section.
Section. 1 Selling or using impure milk, 2 By whorn and how recovered.
1. Whosoever shall knowingly and fraudulently sell, supply, bring, or send to be manufactured to any Cheese or Butter Manufactory in this Province, any milk diluted with water, or in any way adulterated, or inilk fro:n which any cream has been taken, or milk commonly known as "skimmed milk," or milk from which any part of the milk known as “strippings” has been kept back, or whoever shall knowingly and fraudulently sell, send, bring or supply milk to any Cheese or Butter Manufactory that is tainted or partly sour from want of proper care in keeping pails, strainers, or any vessel in which said milk is kept, clean and sweet,after being notified of such taint or carelessness, either verbally or in writing, or any Butter or Cheese Manufacturer who shall knowingly and fraudulently use, or direct any of his or her employees to use, for his, her or their individual benefit, any cream from the milk brought to any Cheese or Butter Manufactory, without the consent of all the owners thereof, shall for each and every such act forfeit and pay a sum not
less than two dollars nor more than eight dollars to the use of the Overseers of the Parish.
2. Any party aggriered by such fraudulent conduct as aforesaid may sue the offender in any Civil Court of competent jurisdiction, and recover from him the amount of damages sustained.
Section. Part I.—Limited Purtnerships. Partnerships before cominencing
business. | For what purposes formed.
16 Proof and acknowledgment of 2 Of whom to consist. 3 What certificate to contain.
signatures, and registry of Cer4 Partners shall register certificate. 17 Certificates in case of dissolution
tificates. 5 Shall publish copy.
or change. 6 Terms of continuation.
18 Registrars of Deeds to file and 7 Liability of special partners.
record Certificates. 8 Profits and responsibility of spe. 19 Certificates to be published in cial partners.
Royal Gazette. 9 Actions by and against general
20 Penalty for omission to file, &c. partners. 10 Dissolution.
21 Recovery and application of 11 Rights and liabilities.
penalties. 12 Dividends and profits.
22 Chapter not to prejudice rights of
third parties. 13 What deemed evidence of money 23 (
ce di nioney 23 Certificates of dissolution, &c. to received.
involve same penalties as Part II.- General Partnerships. original certificates. 14 Certificates of names of existing 24 Copies from Registry to be prima
Co Partnerships with names and facie evidence.
Royal Gazette when there is no 15 Similar certificates of future Co- other paper.
PART I.--LIMITED PARTNERSHIPS. 1. Limited partnerships for the transaction of all mercantile, mechanical, or manufacturing business, except banking or insurance, may be formed by two or more persons.
2. Such partnerships may consist of two or more general partners who shall be jointly and severally responsible as partners now are by law, and also of any other persons who shall contribute to the common stock a specific sum in actual cash payments as capital, who shall be called special partners, and shall not be personally liable for any debts of the partpership, except in the cases hereinafter mentioned.
3. The persons forming such partnerships shall make and severally sign a certificate, which shall contain the name or firm of the partnership, the names and respective places of