spect all casks IX. And be it further enacted, That the Chief Inspector and his several Deputies Inspector and shall, and they are hereby required to, examine and inspect all casks brought for or in- Deposit to intended as aforesaid, to contain Pickled Fish, and shall have power and authority to condemn and declare forfeited all such casks as shall not be in every respect conformable to this Act, and shall seize the same. Provided always, That no charge shall be made Charge for infor the inspection of the several packages or casks aforesaid, if such inspection be made specting casks when the Fish is packed or inspected therein; but if they be inspected when Fish is not intended to be immediately packed herein, a Fee of One penny for each Cask shall and may be received and levied for such inspection, of which Fee, one fourth shall be paid to the Chief Inspector. cask X. And be it further enacted, That every Barrel of Pickled Fish, inspected under Quantity of these Acts, shall contain, besides the weight of Fish required as aforesaid, at least two Salt to each pecks, or other greater quantity by this Act required, of coarse Salt or other Salt suitable therefor, being clean and good, and the half-barrels and tierces shall contain the like proportion thereof. Xİ. And be it further enacted, That all Inspected Pickled Fish, whether Mackarel, Salting, packSalmon, Herrings, Gaspereau, Shad, or other kirds, and whether split or otherwise, ing, weight, &c. of inspectshall be Fish well struck or salted in the first instance with salt or pickle, and preserved ed Fish sweet and free from rust, taint or damage, and shall be packed with suitable salt for their preservation, and in such tierces, barrels, or half-barrels as aforesaid, containing the respective quantities aforesaid; and each cask shall be filled with Fish of one and the same kind and quality, and be properly packed and headed up, with the proper number of Hoops thereon, and shall be filled up with a clean, strong pickle, sufficiently heavy to float a Fish of the kind packed. And before the Fish are packed in the barrel, they shall be carefully sorted and classed according to their respective numbers and quality, and shall then be carefully weighed; and on each layer of Fish, as packed in the barrel, the Salt shall be regularly placed to the extent, in all, of the quantity hereby required for the casks respectively. XII. And be it further enacted, That there shall be three numbers or qualities of Mackarel and Salmon; and two numbers or qualities of Herrings, Gaspereau, and other Qualities of Fish, as follows: Fish No. 1 Macka The quality number one, of Mackarel and Salmon, shall comprehend Fish of the best, fattest, and most superior kind, having, previously to being salted, the blood tho- rel and Salmon roughly scraped from the back bone, and being properly soaked, well cured, and in every respect free from any taint, rust, or damage whatsoever; the Mackarel shall be Fall Fish. No. 2 Blacka The quality number two, of Mackarel and Salmon, shall comprehend the best of those that remain after the selection of the first quality; and the quality number three, shall rei and Salmon consist of the thinnest and poorest Fish, or of good Mackarel under eight inches in length-both qualities shall be sweet and wholesome, entirely free from rust, taint or damage, properly cured, and well soaked before being salted." No. 3 No. 1, of Her The quality number one, of Herrings, or other Fish, shall be of the fattest, best and most superior Fish; and the quality number two, of the poorer, thinner and interior ring, &c. Fish-both qualities of the said Fish shall be carefully cured and cleaned, and be sweet No. 2 and wholly free from rust, taint or damage, whatsoever, and they shall also, if intended for Exportation, be packed with at least two pecks of suitable salt to each barrel, and so in proportion for other casks. to be condemna XIII. And be it further enacted, That no Mackarel, not split, shall be inspected for Rusted Fish exportation; and that all rusted Fish shall be branded (No. 4, Rusty); and all tainted Tainted and or damaged Fish of every kind shall be wholly condemued, and on no account whatever damaged Fish be permitted to be packed or inspected, but shall either be disposed of for manure, or in ed the presence of the Chief or Deputy Inspector, be thrown into the sea within such period, not exceeding three days, as the Inspector shall appoint, otherwise, on failure of the Owner so to do, the said Fish shall be forfeited, and shall be sold by the Inspector for manure, or be destroyed. Herring or Maokarel for Home Con sumption Number of quality, &c. to be branded on cask Chief Inspector XIV. And be it further enacted, That Mackerel and Herrings, intended for home consumption, shall be packed with fine salt, and be branded in large letters, H. C. XV. And be it further enacted, That the several casks containing Pickled Fish, so sorted, packed and inspected as is herein directed, shall be branded in legible characters on one bead of the cask, with the description of the Fish, and number of the quality thereof, contained therein, and also with the initial letter of the christian name and whole surname of the Chief or Deputy Inspector by whom the same are inspected, the name of the place where be acts as Inspector, and the word [Nova] for Nova-Scotia. XVI. And be it further enacted, That the sorting, weighing, inspecting and brandInspecting and branding done ing any cask of Fish as aforesaid, shall be made and done either by, or in the immediate in presence of presence and sight of, the Chief Inspector, or of some one of the Deputy Inspectors, who or his Deputies hath given security as aforesaid; and unless in such immediate presence and sight of an Inspector, no other person whomsoever shall be allowed to brand a cask, or sort or inspect such Fish, under the penalty of Three Pounds upon the Chief Inspector or Deputy Inspector suffering the same to be done. Casks repacked done by an Inspector Certificate to Officers of XVII. And be it further enacted, That in every case when it becomes necessary, in consequence of any casualty, to repack a cask of inspected Pickled Fish, intended for sale or exportation, such repacking shall only be done by an Inspector, if one be within five miles of the place of repacking. XVIII. And be it further enacted, That the certificate referred to and required by be produced to the fourth and tenth Sections of the said Act, shall in future be produced to the principal Officers of the Customs, at the place of exportation of any Pickled Fish, instead of to the Collector of Impost and Excise, as in the said Sections is directed. Customs Penalty for violation of Act If inspected XIX. And be it further enacted, That whosoever shall, in or from any cask, intermix, take out, or shift, any inspected Fish, packed or branded as aforesaid, or put therein other Fish for sale or exportation, contrary to the true intent and meaning of these Acts, and whosoever shall sell, or export, or offer for sale, or exportation, or cause to be sold in, or exported from this Province, any tainted or damaged Fish, or any tierce, barrel or half-barrel of Pickled Fish, not inspected and branded according to this Act, and whosoever shall carry or convey from the vicinity of Halifax, or any of the Outports or other places in this Province, into the inland or other parts thereof, any Fish packed in tierces, barrels or halt-barrels, and intended for consumption, but not being branded as herein before is directed; and whosoever being the master of any vessel, having on board any Pickled Fish for exportation, or being the shipper thereof, shall not produce to the Principal Officers of the Customs for the Port, before the ship's departure therefrom, such certificates of the Chief Inspector or any Deputy Inspector as is by the said Act directed, each and every of the parties so offending, shall suffer and pay a penalty of Twenty Shillings for every hundred weight of the Fish aforesaid, in this Section referred to. XX. And be it further enacted, That whensoever it shall appear that any cask of pickled Fish, branded by the Chief Inspector or any of his Deputies, hath proved unter made fiable equal in quantity or quality, to that which may be indicated by the brand on the cask, or be deficient in any of the requisites in this Act before mentioned, then and in every such case, on due proof thereof, the party injured thereby shall be entitled to recover from the Chief Inspector, for each and every such deficient cask of Fish, double the value thereof, at the time of the inspection thereof, and the Chief Inspector shall and may recover the same, with all costs, from the Deputy, by whom such cask was branded. Provided always, That in every such case, sufficient proof shall be given by the party complaining, that the said cask, when first opened, was found to be insufficient, and defective in the particulars required by this Act, and that such insufficiency or defect entirely arose from the state, condition or bad quality, of the Fish or of the cask, or the bad packing or pickling the Fish at the time of the inspection thereof, and not from any casualty or neglect, subsequent to the inspection. Fish not inspocted and branded of XXI. And be it further enacted, That all pickled Fish not inspected, and branded according to this Act, or tainted or damaged, being in tierces, barrels or half-barrels, and fered for sale shipped for exportation, or offered for sale in this Province, or found while being conto be forfeited veyed veyed into the Inland Parts of this Province, and all Fish taken, shifted or intermixed, from or in the cask after the inspection and branding thereof, shall be, and is hereby declared, forfeited. penalties and XXII. And be it further enacted, That all pecuniary penalties, by these Acts im- Recovery and posed, shall and may be recovered before a Justice or Justices of the Peace, or any application of Court of Record, having Jurisdiction to the amount of the penalty sued for; and that forfeitures all Pickled Fish forfeited, shall and may be seized by the Chief Inspector, or any of his Deputies, or the Collectors of Impost and Excise, and the Officers of the Provincial Revenue, and shall and may, unless the Fish be tainted or damaged, be condemned and adjudged before any one or more Justices of the Peace, or in any Court having Jurisdiction according to the value thereof; and the proceeds of such forfeitures and of the penalties aforesaid shall be paid and applied, one moiety for the benefit of Common Schools in the Town where the offence is committed, and the other moiety to him who will sue for the same; Provided always, That tainted and damaged Fish shall as aforesaid without being condemned be destroyed or sold for manure. XXIII. And be it further enacted, That it shall be the duty of the Principal Officers of His Majesty's Customs, of the several Collectors of Impost and Excise throughout this l'rovince, and of the other Officers of the Provincial Revenue, rigidly to enforce the execution of these Acts, and to compel obedience thereto, and to seize and prosecute to condemnation all Pickled Fish liable to be forfeited under these Acts, Officers of Cus toms and Revenue required to enforce this Act XXIV. And be it further enacted, That it shall be the duty of the Principal Offi- Certificate of cers of His Majesty's Customs, in all parts of this Province, whenever any l'ickled Fish Clearance is cleared out according to the fourth clause of the said Act, to grant to the Master of the Vessel, wherein the same shall be shipped, a Certificate in the following words, that is to say These will certify, that A. B. Master of bound from hence to according to law. has cleared out, of Pickled [To be signed by the Collector or Officer of the Customs;] and the Principal Officers of His Majesty's Customs at Halifax shall make an annual return to the Treasurer on the thirty-first day of December, in each and every year, of the number of barrels, half-barrels and tierces of each kind of Pickled Fish that may be cleared out from their respective offices. XXV. And be it further enacted, That when any quantity of Fish shall be required Travel of Into be inspected, and the same doth not exceed twenty barrels, the same shall be brought spector &c to the Store, Wharf, or place of business, of the Inspector, but if the quantity be greater, the Inspector, on payment or tender of his fees for travel, at the rate of six-pence per mile from the place of his residence and back, shall attend at the place where the said Fish may be, and inspect the same within two days after being requested thereto, under the penalty of forfeiting to the owner thereof Three Pounds for each day that he shall, after such space of two days, neglect such inspection. Continuation XXVI. And be it further enacted, That this Act shall continue in force for four years, Cont and thence to the end of the then next Session of the General Assembly. CAP. XXXI. An Act to provide for the Custom-House Establishment in Nova-Scotia. WHEREAS, by virtue of certain Statutes of the Imperial Parliament of Great- P.oamble Britain, passed in the sixth year of His present Majesty's Reign, all Fees and Perquisites previously exacted by the Officers of His Majesty's Customs in the Colonies, on Vessels engaged in the Trade thereof, were wholly abolished, and the Commerce of the said Colonies was by the same Statutes relieved from many burthensome restrictions. And whereas, By one of the said Statutes, that is to say, the Act, entitled, An Act to regulate Grant for Cas 1om House E tablishment £6,480 98 Sterling equal to £7144 18 9 Currency Annually regulate the Trade of the British Possessions abroad,-It is enacted, that the produce of the Duties to be received under the provisions of that Act shall be paid by the Officers of the Customs into the hands of the Treasurer of the Colony in which the same sball be levied, and be applied to such uses as by the Legislature thereof, shal! be directed. And whereas, It is the inherent and undoubted right of the General Assembly of this Province to appropriate and dispose of the produce of all such Duties, Taxes or Impositions, raised or collected from the People thereof; and the same cannot be applied or appropriated otherwise than as the General Assembly direct. And whereas, Under the said Act, entitled, as aforesaid, and certain other Acts of the Imperial Parliament since passed, in addition, alteration, or amendment thereof, there bath been levied, collected and received by the Officers of His Majesty's Customs in this Province during the three years, ending on the fifth day of January, One Thousand Eight Hundred and Twenty-nine, the sum of Sixty-six Thousand and Seven Pounds One Shilling and Five Pence Farthing of Sterling Money of Great-Britain, whereof, the said Officers have paid into the Treasury of this Province, the sum of Forty Thousand One Hundred and Forty-nine Pounds Nineteen Shillings and Six Pence, and no more, and a balance of Twenty-five Thousand Eight Hundred and Fifty-seven Pounds One Shilling and Eleven Pence Farthing Sterling remains yet unpaid by them into the said Treasury. And whereas, In consideration of the abolition of the aforesaid Fees, it is expedient that the People of this Colony should contribute towards the expence of maintaining the Custom House Establishment in this Province; and also that there should be granted to His Majesty a further sum of Money, in consideration of the benefits which the General Commerce of the Province may derive from the removal of the aforesaid burthensome restrictions upon the same: I. BE it therefore enacted, by the Lieutenant-Governor, Council and Assembly, That henceforth, by and out of, all and singular the Taxes, Rates and Duties levied and collected, under and by virtue of the said Act of the Imperial Parliament, entitled, as aforesaid, or any Acts made or to be made, in addition, alteration, or amendment thereof, and actually paid into the Provincial Treasury; there shall be granted and paid to His Majesty, his Heirs and Successors, from, and out of the Treasury of this Province, yearly, and in every year, one annuity or yearly sum of Six Thousand Four Hundred and Thirty Pounds and Nine Shillings of Sterling Money of Great Britain, equal in value to the sum of Seven Thousand One Hundred and Forty-four Pounds Eighteen Shillings and Nine Pence of lawful Money or Currency of this Province, instead of, and in lieu of, and in full satisfaction for, all Fees, Perquisites and Emoluments whatsoever, from the People of this Province, or Vessels trading thereto, heretofore demanded or General Reve- received by, or hereafter to be made payable to, any Officer or Officers of the said Establishment; Provided, That no part of the General Revenues of this Province shall be chargeable, or be held, or construed to be chargeable, for the payment of the said Annuity, other than the Duties and Taxes for the regulation of Trade, to be levied and collected by virtue of the said Act of the Imperial Parliament, or any Act made or to be Not to abridge made, in addition, alteration, or amendment thereof, as aforesaid; And povided further, right of Gene- and it is hereby declared and enacted, that nothing in this Act shall extend, or be conlovy daty upon strued to extend, to affect, alter or abridge, the right which the General Assembly of Foreign articles this Province hath to levy and collect any Duties, that it may deem expedient to impose upon articles imported from Foreign Countries. ane not to be answerable for payment ral Assembly to Grant to be drawn by Warrants quarterly 11. And be it further enacted, That it shall and may be lawful for the LieutenantGovernor, or Commander in Chief for the time being, in each and every year, to make and issue his Warrants to the Treasurer of this Province, for the payment of the said amount or sum of Seven Thousand One Hundred and Forty-four Pounds Eighteen Shillings and Nine Pence Currency, to such Person or Persons, as on behalf of His Majesty, his Heirs or Successors, shall be appointed to receive the same, and in quarterly payments on the quarter days following, that is to say: the fifth days of January, April, July and October, in every year, the first quarterly payment thereof to be made on the fifth day of April in the present year. III. And be it further enacted, That the said Annuity shall be paid out of the produce of the aforesaid Duties, and in such Monies or Currency as from time to time shall be in the Treasury, or shall be received or receivable, or usually paid thereat. Provided nevertheless, That the Principal Officers of His Majesty's Customs at Ha. lifax do, within one month after each and every quarter day aforesaid, in every year, pay into the Treasury of this Province, all and singular the sums of money by them, or the Officers under them, received or collected for Duties, either for the Tonnage and discriminating Duties on Foreign Vessels, or under the said Act of the Imperial Parlia ment, or any Acts in addition, alteration or amendment thereof, or under any Provincial Acts, and which by the said Act or Acts are now or may be made payable to the Treasurer of this Province. Paid from such be in the Trea Monies as may sury Officers of Cas toms to pay in amount of daties one month after close ef Quarter and Returns o and to account And provided also, That the said Principal Officers of the Customs do, within one Officers to exmonth after each and every quarter day atoresaid, render and exhibit to the said Trea-hibit Accounts surer or other Officers appointed to receive the same, a just and true account of the their Receipts several articles upon which the said Duties were collected, and of the Vessels in which Quarterly the same were imported, and such Quarterly Accounts and Returns shall be made up, and stated, in such and the like forms, and shall contain such and the like particulars, as by the Board of Customs now are, or shall from time to time be ordered and required to be inserted therein; And provided likewise, That the said Principal Officers of the Cus- to persons toms do, and they are hereby required to, account for, and touching, the Duties imposed appointed to or to be imposed by the said Acts or any subsequent Act, and which are or may be re- accoun and quired, and ought to be levied and received by the said Officers of the Customs, to the to General AsPerson or Persons appointed to audit the Public Accounts of this Province, and to the General Assembly, and in such way and manner as the Collectors and Officers of the Provincial Revenue are obliged or compellable to account for the collection, receipt and payment of the Provincial Duties of Impost or Excise, and to the satisfaction of the said General Assembly. audit public sembly Custom duties plied except Appropriation IV. And provided likewise, and be it further enacted, That, save and except the an- not to be apnuity payable under this Act, no part of the Monies, at any time hereafter to be paid by the annuity a the Officers of the Customs into the Treasury of this Province, shall or may be applied foresaid unless or appropriated, on any pretence whatsoever, to any use, service, or purpose whatso- ander an ever, other than, and except, such uses, services and purposes as shall hereafter be speci. fied and appointed in ne annual Appropriation Acts of the General Assembly. V. And be it further enacted, That the said balance or sum of Twenty-five Thousand Eight Hundred and Fifty-seven Pounds One Shilling and Eleven Pence Farthing, so as is above recited, not paid in by the Officers of the Customs at Halifax, from the Dutic collected as aforesaid, shall be and the same is hereby humbly, absolutely and freely given, and granted to His Majesty. VI. Provided always, and be it further enacted, That nothing in this Act contained shall be of any force or effect whatsoever, until His Majesty's pleasure shall be known thereupon. Barnce I's a heretalore co Assented to by lis Majesty in encl CAP. XXXII. An Act concerning the Common of Halifax. Amended by Governor and Commissioni and may be lawful for the Lieutenant-Governor or Commander in Chief, for the Council to uptime being, by and with the advice and consent of His Majesty's Council, to appoint point the and commission three fit and competent Persons to be [during pleasure] Commissioners for the Common of Halifax, (the said Common being the lot or tract of waste Land containing two hundred and forty acres, more or less, situate on the Peninsula of Halifax, and originally laid out as a Common for the Town of Halifax) and from time to time, as vacancies occur in such office of Commissioners, either by revocation, death, resignation or continued absence from Halifax, to supply the same by new appointments. |