CAP. V. Preamble. 4 & 5 Vic. c. 24, cited. 4 & 5 Vic. c. 25. 4 & 5 Vic. c. 26, cited. 4 & 5 Vic. c. 27, cited. Provisions in consistent with this Act re pealed. Cases in which be committed cial than three years. An Act for better proportioning the punishment to the offence, in certain cases, and for other purposes therein mentioned. [12th October, 1842.] WHEREAS it is expedient to enable the Courts, before whom offenders may be convicted in certain cases, better to proportion the punishment of such offenders to the guilt of the offence; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, intituled An Act to Re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, that so much of a certain Act passed in the Session held in the fourth and fifth years of Her Majesty's Reign, and intituled An Act for improving the administration of Criminal justice in this Province, or of a certain other Act passed in the same Session, and intituled An Act for consolidating and amending the Laws in this Province, relative to Larceny and other offences connected therewith, or of a certain other Act passed in the same Session, and intituled An Act for consolidating and amending the Laus in this Province, relative to malicious injuries to property, or of a certain other Act passed in the same Session, and intituled An Act for consolidating and amending the Statutes in this Province, relative to offences against the person, or of any other Act or Law, as shall be repugnant to or inconsistent with the enactments of this Act, shall be and is hereby repealed. II. And be it enacted, that for each and every offence for which by any of the offenders may Acts hereinabove cited, the offender is liable on conviction to be punished by to the Provin- imprisonment in the Provincial Penitentiary, but may instead thereof and in the Peniten- discretion of the Court, be punished by imprisonment in any other Prison or place tiary for any term not less of confinement for any term not exceeding two years, the offender may, if convicted after the passing of this Act, be punished in the discretion of the Court, by imprisonment in the Provincial Penitentiary for any term not less than three years and not exceeding the longest term for which such offender might have been so imprisoned if this Act had not been passed; or by imprisonment in any other Prison or place of confinement for any term not exceeding two years, in the manner prescribed by such Act; Provided always, that nothing in this Act shall prevent such offender from being punished by imprisonment in the Provincial Penitentiary for life, if he might have been so punished if this Act had not been passed. Other cases in which offen III. And be it enacted, that for each and every offence, for which by any of the said Acts, the offender may on conviction be punished by imprisonment for such ders may be so term as the Court shall award, or for any term exceeding two years, such impri- committed. sonment, if awarded for a longer term than two years, shall be in the Provincial Penitentiary. IV. And be it enacted, that for each and every offence for which by any of the said Acts or by any other Act or Law, the offender might, if this Act had not been passed, have been punished by transportation beyond Seas, such offender may, if convicted after the passing of this Act, be punished by imprisonment in the Provincial Penitentiary for any term for which he might have been transported beyond Seas if this Act had not been passed, or by imprisonment for life, if without this Act he might have been punished by transportation for life. Instead of being punished by transportation, offenders soned for a like may be impriterm in the Penitentiary. Assault with intent to com crimes, how V. And whereas it is necessary to determine the punishment to be inflicted upon certain offenders, not provided for by the said before recited Act, intituled mit rape or aAn Act for consolidating and amending the Statutes in this Province relating to bominable offences against the person, be it enacted that where any person shall be charged punished. with and convicted of any assault, with intent to commit rape, or of any assault with intent to commit the abominable crine of buggery, either with mankind or with any animal, the Court in any such case may sentence the offender to be imprisoned at hard labour in the Provincial Penitentiary for any term not exceeding three years, or to be imprisoned in any other Prison or place of confinement for any term not exceeding two years. CAP. VI. An Act to regulate the Inspection of Pot and Pearl Ashes. WH [12th October, 1842.] HEREAS by the Laws now in force in this Province, the Inspection of Pot and Pearl Ashes intended for Exportation is compulsory, and it is expedient that it should cease to be so and become optional with the parties interested, and that the Laws relative to such inspection should be consolidated and made common to the whole Province; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled An Act Ꭰ Preamble. Act to Re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, that upon, Certain Acts from and after the day on which this Act shall come into force, the Act made and repealed. passed by the Legislature of the late Province of Lower Canada, in the ninth year of the Reign of His late Majesty King George the Fourth, intituled An Act to suspend for a limited time, certain Acts therein mentioned, and to regulate in a better manner the Inspection of Pot and Pearl Ashes, and the Ordinance of the Legislature of the late Province of Lower Canada, made and passed in the second year of Her Majesty's Reign, and intituled. An Ordinance to revive a certain Act therein mentioned, and to make better provision with regard to the Inspection of Pot and Pearl Ashes, by which the said Act was revived, amended and continued, shall be and are hereby repealed; but nothing herein contained shall revive any Act or Law repealed or suspended by the said Act or Ordinance, but such Acts and Laws, and all other Acts or Ordinances or Laws, in force in either section of the Province when this Act shall come into operation, relating to the Inspection, storing and branding of Pot or Pearl Ashes, and the appointment and compensation of Inspectors, shall be, and are hereby repealed. Description of Barrels. Tare. Former Com ed. II. And be it enacted, that from and after the coming into force of this Act, no Pot or Pearl Ashes shall be inspected in barrels of any other size or description than the following, that is to say: in water-tight barrels of not more than thirtytwo inches in length, by twenty-two inches in diameter on either head, nor less than thirty inches in length by twenty inches in diameter on either head, and the chime whereof shall not exceed one inch-which barrels shall be made of the best seasoned white oak or ash timber, and well and completely hooped, with at least fourteen good white ash, hickory or oak hoops; the staves to be of such thickness as to tare as nearly as possible fourteen pounds to every one hundred, and twelve pounds of the gross weight of such barrel when filled, for which tare a corresponding allowance, in no instance less than fourteen pounds for every one hundred and twelve pounds, shall in all cases be made by the seller of Pot and Pearl Ashes to the purchaser thereof. III. And be it enacted, that from and after the coming into force of this Act, all missions revok- Licences or Commissions heretofore issued for the appointment of any Inspector or Inspectors of Pot or Pearl Ashes, in this Province, shall be and the same are hereby revoked and rendered null and void. Board of Ex IV. And be it enacted, that from and after the coming into force of this Act, it aminers, how shall be lawful for the Board of Trade in the Cities of Quebec, Montreal and appointed, &c. Toronto, and in the Town of Kingston, respectively, and for the Municipal Authorities in other places where Inspectors may be required for the purposes of this Act, Act, to appoint a Board of Examiners of applicants for the office of Inspector of Pot and Pearl Ashes, and from time to time to remove such Examiners and appoint others in their stead; and such Board of Examiners shall in the Cities of Quebec and Montreal, respectively, consist of five, and in other places of three, fit, proper and skilful persons, resident in the place or in the immediate vicinity of the place for which they are respectively to act; and such Examiners shall, before acting as such, severally take and subscribe the following oath, before any one of Her Majesty's Justices assigned to keep the peace within the District in which such Examiners shall respectively reside, and such Justice is hereby required and authorised to administer the same : I, A. B. do swear that I will Oath of Office. not, directly or indirectly, personally or by means of any person or persons on my "behalf, receive any fee, reward or gratuity whatever, by reason of any function of my office of Examiner, and that I will therein well and truly, in all things, act " without partiality, favour or affection, and to the best of my knowledge and un"derstanding:-So help me God!" V. And be it enacted, that the Mayor of the said City of Quebec, Montreal or Inspectors how Toronto, or of the Town of Kingston, respectively, for the time being, and the appointed. Warden or Chief Municipal Officer of any other place as aforesaid, for the time being, shall and may, from time to time, by an instrument under his hand and the seal of the Corporation, nominate and appoint an Inspector of Pot and Pearl Ashes for each of the said Cities, Towns and other places as aforesaid, and may, from time to time, remove any such Inspector, and appoint another in his stead: and no person shall be appointed as such Inspector, who shall not previously to his appointment as such undergo an examination before the Board of Examiners for the same place, as to fitness, character and capacity, in the manner hereinafter provided; nor shall any person be so appointed as Inspector of Pot and Pearl Ashes unless approved of and recommended as such by the Board of Examiners or a majority of them, pursuant to such examination; nor in any place in which there shall be a Board of Trade, except on the requisition of such Board, with which the Mayor or Chief Municipal Officer shall be bound to comply; and before any Inspector shall act as such, he shall furnish two good and sufficient sureties, jointly and severally with himself, for the due performance of the duties give security. of his office, in the sum of three thousand pounds currency, if such Inspector be appointed for Montreal, and in the sum of two hundred and fifty pounds currency, if such Inspector be appointed for the City of Quebec or Toronto, or for any other place for which an Inspector may be appointed; and such sureties shall be approved by the Mayor or Warden, or other Chief Municipal Authority by whom such Inspector shall have been appointed, and a Bond shall be executed to Her Majesty, Her Heirs and Successors in the form used with regard to the sureties of persons appointed to offices of trust in this Province; and such Bond shall avail Inspectors to to Bond where kept. Board of Examiners may authorise com to sit with them. to the Crown and to all persons whomsoever who shall or may be aggrieved by any breach of the conditions thereof, and no such Inspector shall allow any person whomsoever to act for him about the duties of his office, excepting only his sworn assistant or assistants to be appointed in the manner hereinafter provided. VI. And be it enacted, that the Bond or Suretyship which shall be made or executed by such Inspector and his Sureties, by virtue of this Act, shall be made and shall be kept at the office of the Clerk of the Corporation of the City or Town, or place for which such Inspector shall be appointed; and every person shall be entitled to have communication and copy of any such Bond or Suretyship at such Clerk's office upon payment of one shilling currency, for each communication, and of two shillings and six pence currency, for each copy. VII. Provided always, and be it enacted, that the Board of Examiners to be constituted as aforesaid shall be, and they are hereby authorised and required petent persons before proceeding to the examination of any person or persons who may hereafter be desirous of being appointed an Inspector of Pot and Pearl Ashes as aforesaid, to require the attendance of two or more persons of the greatest experience and practice in the manufacture or inspection of Pot and Pearl Ashes; and the said Board in their discretion are also hereby further authorised to permit any other person or persons to be also present at the said examination; and each and every of the said persons so required or permitted to attend, may in the presence of the said Board, propose questions to the person or persons then under examination, touching and respecting his or their knowledge as to the properties and qualities of Pot and Pearl Ashes. Inspectors to take an Oath of Office. The Oath. Oath how recorded. VIII. And be it enacted, that each person examined, approved and recommended as aforesaid, shall, if appointed an Inspector of Pot and Pearl Ashes, before he shall act as such, take and subcribe an oath before the Mayor, Warden or Chief Municipal Officer of the place for which he shall be appointed (which Mayor, Warden or Chief Municipal Officer is hereby required and authorised to administer the same,) in the words following, to wit: "I, A. B. do solemnly swear, that I will faithfully, truly and impartially, to the best of my judgment, skill and understandแ ing, do and perform the office of an Inspector of Pot and Pearl Ashes, according to the true intent and meaning of an Act of the Legislature of this Province, inti“tuled An Act to regulate the Inspection of Pot and Pearl Ashes; and that Iwill not "directly or indirectly, by myself or by any other person or persons whomsoever, "manufacture, buy or sell any Pot or Pearl Ashes, on my account, or upon the ac"count of any other person or persons whomsoever, during the time I shall continue "such Inspector:-So help me God." Which oath shall be recorded in the Office of the Clerk of the Corporation of the City, Town, or place where the same shall be |
