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Idem.

Weight of gold or of silver.

Regulations

in Council.

may be, which mark must be accompanied by a trade mark
registered in accordance with the Trade Mark and Design
Act, may be applied; and,

(b) whenever the fineness or actual or proportionate weight
of the gold, or of the silver, or of the alloy of gold or of
silver, contained in the article is indicated by a mark, the
article and its accessories shall be marked as required by
the last preceding section and the next following section of
this Act; and,
(c) the actual weight or the decimal proportion of gold, or
of silver, or of alloy of gold or of silver, shall not be less
than the actual weight or decimal proportion indicated by
the mark by more than ten per centum of the actual weight
or decimal proportion so indicated.

2. The Governor in Council may, from time to time, make by Governor such regulations as to him seem necessary for declaring articles to be brought under the provisions of this section. 6 E. VII., c. 17, ss. 11 and 14.

Offences.

Marked less than 10K and indefinite marks on gold prohibited.

Sterling silver. and articles falsely so marked.

Violation of sec. 10.

OFFENCES AND PENALTIES.

11. Every one, being within the meaning of this Act a dealer, is guilty of an indictable offence and liable to the penalty by this Act provided, who,—

(a) makes or sells or imports or attempts to import into Canada, any article purporting to be wholly or partly composed of gold or of any alloy of gold, if the article when made or sold has applied thereto any mark indicating the gold in the article to be of less than ten karats in fineness, or bearing the words Gold, Solid Gold, Pure Gold, U.S. Assay, or other words purporting to describe the gold or alloy of which the article is composed; or,

(b) makes, or sells, or imports or attempts to import into Canada, any article which has applied thereto any mark indicating, or purporting to indicate, or leading to a reasonable belief, that the metal or alloy of which such article is composed is sterling silver, if the metal or alloy of which such article is actually composed contains silver in less proportion than nine hundred and twenty-five parts. of pure silver in every one thousand parts of such metal or alloy

(i) by more than twenty-five parts in one thousand when solder is used, or

(ii) by more than ten parts in one thousand when solder
is not used.

(c) contravenes any provision of the last preceding section,
or makes, sells or imports or attempts to import into
Canada any article in respect of which any provision of
the said section is contravened; or,
1686

(d)

wear.

(d) makes use of any printed or written matter or applies Mark any mark, guaranteeing or purporting to guarantee that guaranteeing the gold or silver on or in any article of the kind referred to in the last preceding section will wear or last for any specified time; or,

on electro

(e) makes or sells or imports or attempts to import into False marks Canada any electro-silver-plated article to which is applied silver-plated a mark indicating otherwise than truly and correctly the ware. metal on which the plating is deposited, the metal of which the deposit is composed, and the grade, quality or description, as known to the trade, of the plating. 6 E. VII., c. 17, ss. 6, 7, 11 and 12.

12. Every one who is convicted of an indictable offence Penalty. under this Act, or of any other contravention of this Act, shall be liable to a fine not exceeding one hundred dollars for each article in respect of which the conviction is had; and after the conviction every such article shall be so broken or defaced as to be unfit for sale otherwise than as metal. 6 E. VII. c. 17, s. 13.

REGULATIONS.

13. The Governor in Council may, from time to time, make Regulations such regulations as to him seem necessary,

(a) to secure the efficient administration and enforcement of this Act; including the imposition of penalties, not exceeding fifty dollars, upon any person contravening any such regulation, to be recoverable on summary conviction; (b) for the appointment, powers and duties of officers employed in such administration and enforcement;

(c) generally for the purposes of this Act. 6 E. VII., c. 17,

s. 14.

by Governor in Council.

SCHEDULE A.

A. indicates the period of time from June 30, 1906, to July 1, 1910.

B. indicates the period of time from June 30, 1910, to July 1, 1915.

C. indicates the period of time from June 30, 1915, to July, 1, 1920.

D. indicates the period of time from June 30, 1920, to July 1, 1925.

E. indicates the period of time from June 30, 1925, to July 1, 1930.

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F. indicates the period of time from June 30, 1930, to July 1, 1935.

G. indicates the period of time from June 30, 1935, to July 1, 1940.

H. indicates the period of time from June 30, 1940, to July 1, 1945.

I. indicates the period of time from June 30, 1945, to July 1, 1950. 6 E. VII., c. 17, sch.

OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty.

1688

CHAPTER 97.

An Act respecting the Importation and Employment of Aliens.

1. This Act may be cited as the Alien Labour Act.

Short title.

of trans

2. It shall be unlawful for any person, company, partner- Prepayment ship or corporation, in any manner to prépay the transporta-portation tion or in any way to assist, encourage or solicit the importa- prohibited. tion or immigration of any alien, or foreigner into Canada, under contract or agreement, parole or special, express or implied, made previous to the importation or immigration of such alien or foreigner, to perform labour or service of any kind in Canada. 60-61 V., c. 11, s. 1.

infringement

3. For every violation of any of the provisions of the last Penalty for preceding section, the person, partnership, company or cor- of prohibiporation violating it by knowingly assisting, encouraging or tion. soliciting the immigration or importation of any alien or foreigner into Canada to perform labour or service of any kind. under contract or agreement, expressed or implied, parole or special, with such alien or foreigner, previous to such alien or foreigner becoming a resident in or a citizen of Canada, shall forfeit and pay a sum not exceeding one thousand dollars, and not less than fifty dollars. 1 E. VII., c. 13, s. 1.

4. The sum so forfeited may, with the written consent of Recovery of any judge of the court in which the action is intended to be penalty. brought, be sued for and recovered as a debt by any person who first brings his action therefor in any court of competent jurisdiction in which debts of like amount are now recovered. 1 E. VII., c. 13, s. 1.

conviction.

5. Such sum may also, with the written consent, to be Recovery on obtained ex parte, of the Attorney General of the province in summary which the prosecution is had, or of a judge of a superior or county court, be recovered upon summary conviction before any judge of a county court, being a justice of the peace or any judge of the sessions of the peace, recorder, police magistrate, or stipendiary magistrate, or any functionary, tribunal or person invested by the proper legislative authority with

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power to do alone such acts as are usually required to be done Application by two or more justices of the peace, and, when recovered, of penalties. shall be paid to the Minister of Finance. 1 E. VII., c. 13,

Separate pro

ceedings for each alien.

tracts with

aliens ser

s. 1.

6. Separate proceedings may be instituted for each alien. or foreigner who is a party to such contract or agreement. 1 E. VII., c. 13, s. 1.

Certain con- 7. All contracts or agreements, express or implied, parole acts for or special, made by and between any person, company, partvices void. nership or corporation and any alien or foreigner, to perform labour or service, or having reference to the performance of labour or service by any person in Canada, previous to the immigration or importation into Canada of the person whose labour or service is contracted for, shall be void and of no effect. 60-61 V., c. 11, s. 2.

Master of

ing aliens to Canada.

8. The master of any vessel who knowingly brings into vessel bring Canada on such vessel and lands or permits to be landed, from any foreign port or place, any alien, labourer, mechanic or artisan who, previous to embarkation on such vessel, had entered into contract or agreement, parole or special, express or implied, to perform labour or service in Canada, shall be deemed guilty of an indictable offence and, on conviction thereof, shall be punished by a fine of not more than five hundred dollars for each alien, labourer, mechanic or artisan so brought or landed, and may also be imprisoned for a term not exceeding six months. 60-61 V., c. 11, s. 4.

Penalty.

Exceptions to Act.

9. Nothing in this Act shall be so construed as,-
(a) to prevent any citizen or subject of any foreign coun-
try, temporarily residing in Canada either in private or
official capacity, from engaging, under contract or other-
wise, persons not residents or citizens of Canada, to act
as private secretaries, servants or domestics for such
foreigner temporarily residing in Canada;

(b) to prevent any person, partnership, company or cor-
poration from engaging under contract or agreement,
skilled workmen in foreign countries to perform labour in
Canada in or upon any new industry not at present estab-
lished in Canada: Provided that skilled labour for that
purpose cannot be otherwise obtained;

(c) applying to professional actors, artists, lecturers or singers, or to persons employed strictly as personal or domestic servants; or,

(d) prohibiting any person from assisting any member of his family, or any relative, to migrate from any foreign country to Canada for the purpose of settlement in Canada. 60-61 V., c. 11, s. 5; 1 E. VII., c. 13, s. 2.

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