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Tous les autras exemplairas originaux sont filmAs en commengant par la pramiAre page qui comporte une empreinte d'impression ou d'illustration at en terminant par la derniAre page qui comporte une telle empreinte. Un des symboles suivants apparaltra sur la darniAre image de cheque microfiche, selon le cas: la symbols — ^ signifie "A SUIVRE ", le symbols V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent Atre film6s A des taux de reduction diffArents, Lorsque le document est trop grand pour Atre raproduit en un seul clichA, il est film* A partir da Tangle supArieur gauche, de gauche 6 droite, et de haut an bas, en prenant le nombre d'imagas nAcessaira. Les diagrammes suivants illustrent la mAthode. Tata o >elure. Id J 32X 1 2 3 4 5 6 / \ ^ \ Acts of Incorporation \ :i AND BY-LAWS OF THi: • 'TIBflM 1 British Columbia BOARD OF TRADE Victoria, Vancouver Island. IBT'S- Adopted at the Quarterly General Meeting. 2nd October, 1879. and adjourned Meeting 8th October, 1879. VICTORIA: BUITISH COLONIHT 8TEAM PBKHHBH. 1879. OFFICERS. a-eTO-ieao. KOBEKT PATEKSON RITHET, - - - Phesident. WILLIAM CHARLES, ...--. Vke-Prehident. EDGAR CROW BAKER, ------ Se(!Uetahv. COUNCl L. (8) S J. H. TURNER, E. GRANCINI, M. W. T. DRAKE, M. T. JOHNSTON, PETER McQUADE, J. H. TODD, ROBERT WARD, A. A. GREEN. ARBITRATION BOARD. (12) J. H. TURNER, E. GRANCINI, M. W. T. DRAKE, M. T. JOHNSTON, PETER McQUADE, J. H. TODD, ROBERT WARP A. A. GREEN, ANDREW ROME, LEOPOLD LOWENBERG, DAVID LENEVEU, ^ THOMAS EARLE. iDirjUi friOvunoiz-iL y-iivonivcj Uc b. U ^ \ I h— . J i I - l i i il il W f LIST OF MEMBERS. BRIGGS, T. L. BAKER, E. C. BALES, J. C. BATE, MARK, BARNARD, F. J. BURNS, ROBERT, CHARLES, WILLIAM, CLARKE, W. R. CARR, RICHARD, CROASDAILE, H. E. DRAKE, M. W. T. DUNSMUIR, ROBERT, DENNY, WILLIAM, DAYIES, JOSHUA, DALBY, WILLIAM, EARLE, THOMAS, ENGELHARDT, J. FINDLAY. G. J. FEL! OWS, ALFRED, FELL, JAMES, FINLAYSON, RODERICK GREEN, A. A. GRANCINI, E. GREEN, A. R. GRAY, A. B. GREEN, DAVID, GOODHUE, J. P. HEISTERMAN, H. F. HIGGINS, D. W. HETT, J. R. HEYWOOD, JOSEPH, HIBBEN, T. N. HAY WARD, CHAS. JOHNSTON, M. T. JACKSON, R. E. JEFFREE, W. J. KEAST, ARTHUR, LANGLEY, A. J. LOWENBERG, L. LENEVEU, D. MARVIN, EDGAR, MARVIN, E. B. MORTON. CHAS. MAYERAU, J. B. MASON, H. S. MANSELL, HENRY, MONTEITH, WILLIAM, MANSELL, GEO. McQUADE, PETER, McQUADE, E. A. McA LISTER, JNO. MoLEAN, ALEX. McKAY, J. W. McMillan, j. e. neufelder, e. c. nelson, hugh, oppenheimer, isaac, oppenheimer, david, PITTS, S. J. POOLEY, C. E. QUAGLIOTTI, JOHN, RITHET, K. P. ROME, ANDREW, REDFERN, C. K SPRATT, JOSEPH, STROUSS, CARL, SAUNDERS, HENRY, SAYWARD, W. P. SHOTBOLT, THOS. SMITH, A. J. SHORT, HENRY, SHEARS, WALTER, TYE, T. H. TODD, J. H. TURNER, J. H. WARD, W. C. WARD, ROBERT, WILSON, WM., M.P.P. WAITT, M. W. WEILER, JOHN, WILSON, ALEX. 7 3BS To the HoiioraUJc flic Sncrctdi'ij n/' State for the Dominion of (Uinatto : Know all Men uv these Puesents: That We the several persons whose siguiitures uud seals are hereto fiubscribed aiul set, and whose occupations and residences respectively are those set opposite our respective signatures, do hereby associate ourselves together as a Board of Trade under the provisionM of the Act of Parliament of Canada, 37th vie, (1874) ChaH. -^1, as amended by the Act 39th Vic, (1876) Chap. 34; and We do hereby appoint Robert Paterson Rithet as Secretary to the said Board of Trade, and We do hereby specify the name as- sumed by the association, and by which it shall be known to be " The British Columbia Board of Trade," and the name of the city in which tlie same is situate and its business tran- sacted to be Victoria, and the name of the person so elected Secretary to be Robert Paterson Rithet. Witness Our hands and seals. Dated the twenty-third day of July, A. D. one thousand eight hundred and seventy-eight. , 810NATUBEH. OCCUPATION. WITNB88. William Charles, Chief Factor H. B. Co, J A. Andrew, W.H. Masou Wm. C. Ward, Manager Bank of B. C. W. H. Mason, James Crau, Sub. Man. Bank B. N.A. W. H. Mason, A. A. Green, Banker, J. Nicholles, W. H. Mason R. P. Eithet, Merchant, W. H. Mason, Edgar Marvin, Merchant, W. H. Mason, E. B. Marvin, Merchant, W. H, Mason, S. J. Pitts, Merchant, W. H. Mason, Henry Rhodes, by his at- Merchant, W. H. Mason, torney A. R. Green. Peter McQuade, Merchant, W. H. Mason, Matthew T. Johnston, Merchant, W. H. Mason, Thomas L. Briggs, Mei'chant, W. H. Mason, A. J. Langley, Merchant, W. H. Masou, H. F. Heisterman, Land Agent, W. H. Mason, Ld. Lowenberg, Land Agent, W. H. Mason, C. Morton, Land Agent. W. H. Masou, T. H. Tye, Merchant, W. H. Masou, F. J. Roscoe, Merchant, W. H. Mason, E. C. Neuf elder, Merchant, W. H. Mason, E. Grancini, Merchant, W. H. Mason, David Leneveu, Merchant, W. H. Mason, Robert Ward, Merchant, W. H. Masou, Robert E. Jackson, Barrister-at-Law, W. H. Mason, J. H. Todd, Merchant. W. H. Mason, Joseph Spratt, Iron Founder, W. H. Mason, M. W. Tyrwhitt Drake, Barrister-at-Law, W. H. Mason, J.'B. Mayerau, Merchant, W. H. Mason, Thomas Earle, Merchant, w. H. Mason, J. H. Turner, Merchant, w. H. Mason, John McAlister, Steamboat Owner, w. H. Mason, Robert Plummer, Public Accountant, w. H. Mason, Arthur Keast, Brewer, w. H. Mason, J. P. Davies, Auctioneer, w. H. Mason, Geo. J. Findlay, Merchant, w. H. Mason. All of Victoria, B. C. 'i It I, William HeniT Mason, of Victoria, BiitiHli Columbia, do hereby acknowleagr and declare that the above certificate wjiH signed and sealed by the respective persons, by whom it ]mrport8 to have l»een signed and sealed, in my presence. W.H. Makon. Taken and acknowledged, before me, Victoria, / this 21st day of Sept., IH78. f [L.S.] M. W. TvinvHiTT Drake. Notary Public. I, Robert Paterson Rithet, of the City of Victoria, in the Province of British Columbia, Secretary of the "British Col- umbia Board of Trade," do hereby acknowledge and declare that the hereto annexed Certificate was signed and sealed by the respective persons by whom it purports to have been signed and sealed. That the respectiv e occupations set opposite the respective names of such i)ersons are their true occupations respectively, and the respective addresses- set o})])osite the respective names of such persons are their tr^^.e places of resilience respectively. That the city mentioned in the hereunto annexed certifi- cate has a population of not less than five thousand. R. P. Rithet. Taken and acknowledged before me at the City of Victoria, in the Province of British Columbia, on this Twenty-first day of September, A.D, 1878. David Leneveu, J. P. Department of the Secretary of State of Canada — Regis- trar's Branch, Ottawa, 28th October, 1878. I do hereby certify that the foregoing is a true and correct copy of a Certificate purporting to be made under the provis- ions of the 39tli Vic. Chap. 84, Sections 2 and 3, intituled: " An Act to amend the 37th Vic. Chap. 51, intituled: ' An Act to authorize the incorporation of Boards of Trade in the Do- minion,'" for incorporation of "The British Columbia Board of Trade," and recorded in the Registrar's Branch of the De- partment of the Secretary of State for Canada on the 2Sth day of October, 1878, in Lib. 28, Fol. 35. J. C. AlKINS. Secretary of State and Registrar General of Canada. nmbia, tificate horn it 3. Public. , in the sh Col- declare aled by 1 signed jpective sctively, e names sctively. I certiti- lET. toria, in first day . P. — Regis- 1 correct B provis- ntituled : ' An Act the Do- ia Board I the De- 2Sth day The B. C. Board of Trade is incorporated undei the fol- lowing Acts of Parliament of the Dominion of Canada, viz: f'J7-'jS \'i('., Clra/). ol, "An Act to authorize the incor- poration of Boards of Trade in the Dominion," assented to 26th May, 1874; and the Act -U) ] Vr., Chap. SJf, "An Act to amend the Act 37 Vic, Chap. 51, intituled 'An Act to authorize the incorporation of Boards of Trade in the Do- minion,'" and assented to Pith April, 1876, Canada . n 37-38 VICTORIA. CHAPTER 51. An Act to authorize the Incorpohation of Boards OF Trade in the Dominion. [AxsfDded to 2f>th Ma if, 1874] HER Majesty, by and with the advice and consent of tlie Senate and House of Commons of Canada, en- acts as foHows : CHAPTER M, 39 VICTORIA. An Act to amend the Act thirty-seventh Victoria, chap- ter fifty-one, intituled: "An Act to authorize the incorporation of Boards of Trade in the Dominion." [AsxtHtnl U) 1 2th April, 1S7(L] WHEREAS it is expedient to make further provis- Preamble, ions for the management and incorporation of Boards of Trade in the Dominion of Canada, and to provide for the incorporation aud management of Chambers of Commerce in the said Dominion : Therefore Her Ma- jesty, by and with, the advice and consent of the Senate and House of Commons of Canada, enacts as follows: "1. Any number of persons not less than thirtv, be- New section ing merchants, traders, brokers, mechanics, manufac- seJtimri!' turers, managers of banks or insurance agents, being ^f"g"frd"()f residents of any \ illage, town, city, county, or of any Trade. district (which Avord "district" is hereby defined to be a district established for judicial purposes by the Le- gislature of the Pi'ovince wherein the same is situate) having a population of not less than two thousand five hundred, may associate themselves together as a Board of Trade, antl appoint a Secretary, with all the privileges and p(jwers conferred by, and subject to all the restric- tions of this Act." "2. The pers(ms associating themselves together as in place of a Board of Trade under this . Act shall, under their ^«'^|^'^^^|^^^j hands and seals, make a certificate specifying the name fonnation. assumed by the association, and by which it shall be 12 known, the name as liereinbefore defined, of tlie village, town, city, county or district in which the ;;.ime is sit- uate and its business tiansacteil, and the name of the person l)y them elected Hecretary to the said Board of Trade." inpiaLLof '<3. Such certificate shall he acknowledged before a Section;!. . 11. . . • 1 T !• • • ceitiflcate uotary public, commissioner appointed tor receiving nmvie^di'ed iiffidavits, or justicc of the peace, by the Secretary of t.)be8t°ntto the said 13oard of Trade, and shall be forwarded to the state. ■ Secretary of State, who shall cause the same to be re- corded in a register to be ke])t for that purpose ; and a copy thereof duly certified by the Secretary of State, shall be evidence of the existence of such association." Persons in- corporated to have eor- "4. The persons named as corporators in the sai: traders, etc. Ifi broker, tradar, mechanic, niMnufacturer, in mager of a bank or insurance agent, shall be eligible to become a member of the said corporation ; and at any general meeting of the said corporation it shall be lawful for any member of the said Council or of the said corpora- tion to propose any such person as aforesaid as a can- didate for becoming a member of the said corporation, and if such proposition shall be carried by a majority of two-thirds of the members of the said corporation then present, he sball thenceforth be a member of the said corporation, and shall have all the rights and be subject to all the obligations which the other members possess or are subject to : Provided always, that any person not being a merchant or trader, broiier, me- chanic, manufacturer, manager of a bank or insurance agent, shall be eligible to become a member of the said corporation in manner aforesaid, in case such person shall be recommended by the Council of the Board of Trade at any such meeting." "13. It shall be lawful for the said Council, or a ma- sp;;ciai ^'on jority of them, by a notice inserted in one or more news- onldrpori,-^'* papers published within the jurisdiction, one day pre- *'""• vious to the said meeting, or by a circular letter signed by the Secretary of, the said corporation, to each mem- ber, and mailed one day previous to the said meeting, to call a general meeting of the said corporation for any of the purposes of this Act." "14. It shall be competent to the said Council to Meotiiitfs ot hold meetings from time to time, and to adjourn the «,m'oi'iu(i'''" same when necessary, and at the said meetings to tran- '^*''- > 8act such business as may, by this Act or l)y the by-laws of the corporation, be assigned to them ; and such meetings of the Council shall be convened by the Sec- retary, at the instance of the President, or upon the re- quest of any two members of the Council : and the said powers. Council shall, in addition to the powers hereby ex- pressly conferred on them, have such powers as shall be assigned to them by any by-law of the corporation, except only the power of enacting or altering any by- Kxee;)tioii. law, or admitting any member, which shall be done in the manner provided for by this Act, and no other : and any five or more members of the Council, lawfully met, i^nonnn. shall be a quorum, and any majority of such quorum may do all things within the ])owers of the Ct)uncil : and at all meetings of the said Council, and at all gen- eral meetings of the corporation, the President, or in wiioto i.re his absence, the Vice-President, or if both be .absent, "'''''■ 16 CuMtiiiK vote any member of the Council then present who may be chosen for the occasion shall ])resi(le, and in all cases of equality of votes upon anv division, have a casting vote." (Dmuii to "15. It shall be the duty of the Council to frame such iii"ws%t^., to bv-laws, rules, and regulations as shall seem to the said tuir"iuv'Ken- Councll best adaptetl to promote the welfare of the cmi iiieutinjr said Corporation, and the purposes of this Act, and to submit the same for adoption at a general meeting of the said corporation called for that purpose, in the manner hereinbefore provided." Kecoverv ( suliscrip- tioiis, etc. "16. xA-U subscriptions of members due to the said corporation, under any by-law, all penalties incurred under any by-law, by any person bound thereby, and all other sums of money due to the said corporation, shall be paid to the Secretary thereof, and in default of payment, may be recovered in any action brought in the name of the said corporation ; and it shall only be necessaiT in such action to allege that such person is indebted to the said corporation in the sum of money, the amount of such arrearage on account of such sub- scription, penalty or otherwise, whereby an action hath accrued to the said corporation by virtue of this Act." Proof ill iiL- "17. On the trial or hearing of any such action, it itrsuihTiwe. shall be sufficient for the said corporation to prove that the defendant at the time of making such demand was or had been a member of the said corporation, and that the amount claimed by such subscription, penalty or otherwise was standing unpaid upon the books of the said corporation." '•18. The meetings of the members of the Council shall be open to all members of the said corporation who may attend at the same, but who shall take no part in any proceedings thereat ; and minutes of the pro- ceedings at all meetings, Avhether of the said Council or the said corporation, shall be entered in books to be kept for that purpose by the Secretary of the said cor- poration ; and the entry thereof shall be signed by the President of the said Council or such other person who at the time shall preside over any such meeting, and such books shall be open at all reasonable hours to any member of the said corporation, free from any charge ." Ho rdof ir "^^* ^^ ^^^ Same time and times as are hereby ap- bitration.' pointed for the election of the said Council, and in the same manner, it shall be lawful for the members of the Muetiiiy Council he open corpora s of to to tion. Record tliereof. S 1 17 lo may be n all cases a casting frame such to the said ire of the uct, and to meeting of se, in the to the said s incurred ereby, and >rporation, in default brought in all only be person is of money, t such sub- iction hath ■ this Act." 1 action, it prove that omand was n, and that penalty or )oks of the le Council iorporation ike no part uf the pro- dd Council )ooks to be le said cor- ;ned by the person who eting, and ours to any ay charge ." hereby ap- and in the bers of the liuurd (>f Ar- bitration. I'tuvon*. said corporation to elect from their number twelve per- sons, who shall form a board, which shall be called " The Board of Arbitration," and any three of whom shall have power to arbitrate upon, and make their award in any commercial case or tlitferonce which shall be voluntarily referred to them by the parties concerned; and whenever any such parties shall agree to bind themselves, by bond or otherwise, to submit the mat- ter in dispute between them to the decision of the said Board of Arbitrators, such submission shall be under- stood to be made to any three members of the said board, who may, either by the special order of the said board, or by virtue of any general rules adopted by them, or under any by-law of the said corporation touching the consideration of any cases so submitted, be ap{)ointed to hear, arbitrate and decide up(Jii the case or cases so submitted to them ; and such decision shall be binding upon the said board and the parties making the submission ; and any such submission shall be according to the form set forth in the schedule to this Act, or in words to the same effect." "20. The several members of the said Board of Ar- Membbinof bitration shall, before they act as such, take and sub- '^^JjijJ *" '"' scribe before the President or Vice-President of the said corporation, an oath that they will faithfully, im- partially and diligently, perform their duties as mem- bers of the said Board of Arbitration, and such oath shall be kept among the documents of the said corpora- tion." "21. Any member of the Council of the said corpor- Membtntof atiou may, at the same time, be a member of the said be arbitra"*"^ Board of Arbitration." '22. Fonn of siib- inlHtsioti to ISoard. tors. The three members appointed to hear any case i'<>wors of submitted for arbitration, as aforesaid, or any two of ii!, to'exam- them, shall have full power to examine upon oath "J,'^i*l|,','|,''' (which oath any one of such three members is hereby •»'<<''» empowered to administer) any party or witness who, appear' ng before them shall be so examined, and shall give their award thereupon in writing; and their decis- ion, or that of any two of them, given in such award Award, shall bind the parties according to the terms of sub- mission and the provisions of this Act." "23. It shall be lawful for the Council of the said [:^;;'«^yf^ corporation to appoint five persons to constitute a Board apjwint of Examiners to exp.inine applicants for the office of In- •»« v., u. .41). But nee now 37 v., c. 45 Hubstituted for it. 18 spector of flour and meal, or of any other article subject to inspection, and for the said Council to do all such other acts, matters and things connected with the In- spection of flour and meal or any other article, and have as full power and be subject to the same condi- tions as those conferred upon and required of the Coun- cils of the Boards of Trade by virtue of the Act thirty- sixth Victoria, Chapter forty -nine, intituled "An Act * ' to amend and consolidate, and to extend to the whple " Dominion of Canada, the Laws respecting the Inspec- " tioii of !ertain staple articles of Canadian produce;" and the said Examiners and Inspector shall also be sub- ject to all the conditions, requirements, oaths, matters and things (touching their office) set forth in the said Act." "24. Any person who may, by law in other cases, make a solemn affirmation, may make such solemn af- firmation in any case where by this Act an oath is re- quired ; and any person hereby authorized to adminis- ter an oath, may, in such case as aforesaid, administer such solemn affirmation ; and any person who shall wilfully swear or afiirm falsely in any case where an oath or solemn afiirmation is required or authorized by this Act shall be guilty of wilful perjury." Bwrds of ' "'^^ • It shall be competent for any Board of Trade ■^•^dercKis duly registered as aforesaid under the provisions of timActmay tliis Act, to bccome affiliated with the Dominion Board affiliate with Dominion Board of Trade. Outlis and affirmations. Proviscj, of Trade, on duly complying with all the terms and re- quirements of that organization, and to be represented at all its ordinary or special general meetings, which may be held from time to time: Provided always that the delegates or representatives to the said Dominion Board of Trade shall be elected at a general meeting duly convened, of the said Board desiring such affil- iation as aforesaid." HerMajes "26. Notfiing iu tliis Act sliall affect the rights of *>^» •j't'hts Her Majesty, Her Heirs or Successors, or of any party or person whomsoever, such rights only accepted as are herein expressly mentioned and affected." "27. Each, all and every of the provisions of this Act tfKJiiambei^s sliall apply to the incorporation and management of the ofcomnicree commercial institutions styled ' Chambers of Com- merce ' now existing or which hereafter may be called into existence in the Dominion of Canada, as fully and effectually as if the words * Chamber of Commerce ' or C" I 19 [e subject > all such li the Iii- ticle, and me coudi- the Coun- Lct thirty- "An Act the whple le Inspec- pioduce ;" so be sub- s, matters 1 the said ler cases, iolemn af- jath is re- ) adminis- idminister who shall where an lorized by [ of Trade visions of ion Board ns and re- jpresented gs, which ways that Dominion d meeting such affil- rights of any party itecl as are * Chambers of Oommerce ' aj)peared therein in lieu and place of the words * Board of Trade ' or ' Boards of Trade,' wheresoever the same appear respectively." SCHEDULE. ForjH of a Suhrnissloit to the Hoard of .Irhiti'dtioii. Know all men that the undersiijned and the undersigned {if there be more parties, that is, more separate interests, mention them) having a difference as to the respective rights of the said parties, as in the case hereunto subjoined, have agreed and bound them- selves under a penalty of dollars to perform the award to be made by the Board of Arbitration of the Board of Trade of in the case aforesaid, under the penalty aforesaid to be paid by the party refusing to perform such award, to the party ready and willing to perform the same. In witness whereof the said parties have heieuuto set their hands and affixed their seals at the of on the day of , A. A. B. C. D. E. F. Form of OatJi io he taken t)ii members of the Boa I'd of Arttitrafton. I swear that I will faithfully, impartially and diligent- ly perform my duty as a member of the Board of Arbitration of the Board of Trade of , and that I will, in all cases in which I shall act as arbitrator, give a true and just award, according to the best of my judgment and ability, without fear, favor or afiection, of or for any i)arty or person whomsoever. So help me God. of this Act nent of the of Com- r be called s fully and imerce ' or i i BY-LAWS. MEE'riN(}S. I. The Annual (Toneral Meeting of Members of the " B. C. Board of Trade" shall be held on the 2nd July at 2:30 p.m. The re<^ular Quarterly Meetings of the Board shall be held on the 2nd July, 2nd October, 2nd January, and 2nd April in each year, and at the time prescaibed for the Annual (loneral Meet- ing. Should the day of Meeting, either Annual or Quarterly, fall (jn Sunday or a legal holiday the Meeting shall be held the following day. QUOKUM. II. At any General Meeting Seven Members present in per- son shall constitute a quorum for the transaction of business. At Council Meetings Five shall form a quorum (including the President, Vice-President or Member elected to act as Chair- man). Should a quorum not be formed by 3 p.m. on any occa- sion the Meeting shall stand adjourned for one week. PLACE OF MEETING. III. The place of Meeting shall be arranged from time to time by the Council, and mentioned in the Notices calling each Meeting, until such time as a regular place of Meeting shall have been determined by the Council. ORDEB OF BUSINESS. IV. Reading Minutes of last Meeting. f Reports and Communications. Elections to fill Vacancies. Nomination and election of new Members. Unfinished business. Miscellaneous business. AUDIT. V. At the regular Quarterly Meeting held in April of each year the President shall appoint a Committee of three to audit the books and accounts of the Secretary-Treasurer for pre- sentation at the Annual General Meeting. I ' !1 J ' 29 MOTIONS. VI. All Motions, oxcopt tlio.se for pnnious qnostioii, post- ponenioiit or udjourninont, hIiuU 1)o inadt) in writin;^ ; tuid no (lebiito shall bo pcsiinitUHl, oxcept on a motion rci^ularly moved and s(!uonded ; ovory motion mado in writing shall ho read hy the proj)osor in his ])hu!0 ])rovious to ofterinj^ it to the Prosi- tlont. (a.). No Member shall speak twice on the same subject ex- ce])t by })ermission or by way of exj)lanation . (b.) A Member may call for tin; division on any motion, should any doubt exist as to the ruling of the President. ALTERATION OF BY-LAWS. VII. Notice to amend any By-Law or to intro*"" -e a new one shall be made in writing at the regular Quarterl\ vieeting next previous to the one at which it is intended to be considered. Any such notice as aforesaid must contain in full " the word- ing of the proposed amendment or addition." SUBSCIlIPTIONa. VIII. (a.) The Annual Subscription of Members shall be twelve dollars, payable by quarterly insta'raents of !;p3,()() in advance, to the Secretary at the office of the Council of the Board of Trade. (b.) Members in arrears for three months shall be deemed delinquent and their names shall be posted up in the office of the " Board of Trade " for one mouth, and the Secretary shall notify thei to that eft'ect. After thirty days from the date of such noti(* and posting their names shall be liable to he, re- moved frc the " List of Members." (c.) A V i of delinquent Members (if any) shall be read at each Quar Ji'ly Meeting, and their names duly entered on the minutes o said Meeting. ARBITRATIONS. IX. (1.) Before any arbitration can be entered upon the par- ties shall execute a bond of submission as provided by Statute hereinbefore expressed. (2.) In case of arbitration the Arbitrators shall be selected from the " Board of Arbitration" as follows: Eacli party shall choose one arbitrator and the third arbitrator shall be drawn by lot, from the remainder of said Board, by the Secretary of the Board, in the presence of the parties, unless a third shall have been agreed upon or chosen by the Arbitrators within three days after the submission of the parties. n, poHt- imd no r movod read b^ u Prosi- )ject ex- motioij, it. new one ing next sidered. le word- shall be 5^3. 00 in 1 of tlie deemed office of Liry shall 3 date of 13 be re- ! read at il on the the par- ■/ Statute selected Hy shall je drawn retary of lird shall rs within 2:i (3.) The tlir(H) Arbitrators shall sit toj^otlusr unless the par- ties shall consent to thti niattei being heard by one or two Arbitrators alone. (4.) The decision of the majority of the Arbitrators, when more than two sit, shall be final, and biiidin;^ on both parties. (5.) The fees for Arbitration shall bo us follows: — (a.) For every meetinfi; where the cause is not proceeded with, but an enlargement or ])ost[)onement is made at the request of either party, not less than. . . $ 2.00 Nor more than 4 .00 (b.) For every day's sitting, to consist of not less than six hour ., not less than Hf' 5.00 Nor more than 10.00 (c. ) For every sitting not extending to six hours (fratitional parts of hours being exciluded) where the arbitration is actually proceeded with, for each — for each hour oc- cupied in such proceedings, at the rate of not less than '. I 1.00 Nor more than 1.50 Vide British Columbia Statutes 1870, Chap. X. pp. 31. (6.) If any Arbitrator who has been duly selected (in manner aforesaid) to act, refuses or neglects to attend such arbitration, he shall be liable to pay to the Secretary of said Board a line of $5 for each and every day on which he neglects to attend such arbitration unless relieved by the Council. All fines in- flicted as aforesaid to form part of the revenue of the Board of Trade. PRCXIES, X. (1.) At all meetings of the Board no member shall be en- titled to vote who has not ])aid all dues belonging to him. (2.) Members in good standing shall be entitled to hold two proxies and no more, for the purpose of voting at any meeting. (3.) All proxies must be in writing and shall be deposited with the Secretary on or before the day of the meeting, and may be either Special or General. EXPULSION OF MEMBERS. XI. ) Any member who is declared an insolvent shall there- by be considered as retiring from the Board but shall be en- titled to be nominated for re-election at any time. (II I ■■ 24 (2.) Any member can be expelled by the vote of three-fourths (i'th.s) of the members present at any meetinjjj specially called for the purpose, at which not less than one-half (^) of the whole number of members are present either in person or represented by their proxies. ENTllAMCE FEES. XII. On and after the first day of November of the current yeai-, any person desirous of joining the Board of Trade shall pay an entrance fee of ten dollars ($10.00) in addition to his annual subscription. CUSTOMS OF THE POET. RATES OF COMMISSION. XIII. Whenever no special aj^reement exists, the following shall be collectable: — 1. On purchase of stocks, bonds, and all kinds of secur- ities, including the drawing of bills for payment of the same 'ig per cent. 2, On sale of stocks, bonds, and all kinds of securities, in- cluding remittances in bills and guarantee 2h per cent. H. On purchase and sale of specie, gold-dust, and bullion 1 per cent. i. On sale of bills of exchange, with endorse- ment 8.} per cent. '), On sale of bills of exchange without endorse- ment . . 1 per cent. (). rorendorsingbillsofex(!hange, when desired . . 2| percent. 7. On sale of produce, &(;., from (California, Oregon, Washington Territory, Sandwich Island pt)rts, and other Pacific Coast ports, with guarantee. ... .7|per cent. fi. On sale of merchandise from other ports, with guar- antee .... . . 1() per cent. \). On goods received on consignment, and afterwards withdrawn .... .... 3^ per cent. 10. On purchase and shipment of merchandise, with funds on hand, on cost and charges 5 per cent. 11. On purchase, and shipment of merchandise without funds, on cost and charges , 7| per cent. 25 12. i;i 14. 15. 16. 17. 18. For collecting and reuiitting ileLived or litigated ac- coi"it« • 10 percent. For collecting freiglit by vessels from foreign ports, on amount collected 5 py^ eent. For collecting general claims . . . .5 per cent. For collecting general average,— on the first !t;20,00() or any smaller amount 5 per cent. For collecting general average,— on any excess over «^«'^f>« 2U>ercent. On purchase or sale of vessels ... . . i) Der cent. 19. 20. 21. 22. 2']. 24. 25. 2(5. 27. 28. For "Port Agency " to vessels with cargo or passengers from foreign ports, as under: On vessels under 200 tons register. .. if! 50 00 On do of 200 to ,300 tons do 100.00 On do of 300 to 500 do do 150.00 On do over 500 tons 200.00 For dishjrsemantsof vessels by consignees with funds o"^i'"i^^ 2h percent. P'ar disbursements of vessels by consignees without funds on hand 5 pei- ^ent. For procuring ' light or passengers 5 per cent. For chartering vessels, on amount of freight, actual or estimated, to be considered as due when the " Char- ter Parties "or memorandum of their conditions &c are'^igned 5 per 'cent. On giving Bonds for vessels under attacliment in liti- gated cases, on amount of the liability 2h percent. For landing and reship])ing goods from vessels in dis- tress, on invoice value, or in its absence, on market ^'•^^'^^ 5 per cent. For receiving and forwcirding goods,— on invoice '^'"^'^"^^ 2i percent. For advancing on fr,;ight to be eiirned ...... .5 per cent. For effecting marine insurance,— on the amount in- '^"^•^^^ * percent. The foregoing .commissions to be exclusive of Brokerage, and every charge actually incurred. If ii !l I'! i -28 21), Vessels to pay clerk hire and the lalxjr on wharf, sort- ing and delivering cargo. 30. The recei})t of Bills of Lading to be considered equiva- lent to recei])t of the goods. ' RATES OF STORAGE ON MERCHANDISE. STORAGE PER MONTH. XIV. On measurement goods 50 cents per ton of forty cubic feet (40 c. ft.) On heavy goods 50 cents per ton of 2240 lbs. Or in either case the amount actually paid if more. The con- signee to have the option of charging by measurement or weight. Any fraction of a month to be charged as a month . REGULATIONS. XV. (a.) Concerning the delivery of merchandise, payment of freight, etc. : When no express stipulation exists per bill of lading, goods are to be considered as deliverable on shore. (b.) Freight on all goods to be paid, or secured to the satis- faction of the captain or consignee of the vessel prior to the delivery of the goods. ' (c.) After delivery to the purchaser of goods sold ntt claims for damage, deficiency, oi- other cause, slia 1 be admissable af- ter goods sold and delivered have once left the City. t^ (d.) When foreign bills of lading expressly stipulate that the freight shall be paid in a specific coin, then the same must be procured if recpiired, or its equivalent given, — the rate to be determined by the current value at the time at the Banks. Il( sort- XVI. PORT V/ARDEN[. Preainhli'. 37 VICTORIA, CHAPTER 32. An Act to peovide for the appointment of Port Wardens at certain Ports of the Dominion. [AsseMtcd to Tuesday, 2inh Maij, 1874?^ WHEREAS the increasing trade and business in many of the Ports of the Dominion, at whicli no pro- vision now exists for the appointment of Port Wardens, renders it necessary to make sucli i)rovision : Therefore Her Majesty, by and with ilie advice and consent of the Senate and House of Commons of Canada, enacts as follows: — 1. The Governor in Council may, from time to time, determine at what ports in the Dominion, it is expedi- mani'roint ent that Port Wardens should be appointed, and at and for any such port a Port Warden may be appoint- ed under this Act, by the Governor : Provided always that this Act shall not a])ply to the Ports of Quebec, Montreal and St. John, New Brunswick, for which pro- vision is already made. 2. The Port Warden shall receive no fees whatever, other than such as strictly appertain to the business of warden.^ml his office ; all such fees shall be recorded in his books, ^\','^',J"^,', !^^'j_^ and he shall make a certified annual return to the Min- i«ter. ister of Marine and Fisheries', of the receipts and ex- penses of his office and a repoi-t of the doings of his of- fice, within seven days after thirty-first day of Decern- • ber in each year. 3. The Port Warden shall, at his own expense, keep an office during the season of navigation, and bookfalui shall have a seal of office, and the necessary books, in '*^'^' which all his acts as Port Warden shall be recorded, which books shall be open for inspection on payment of a fee of twenty -five cents. 134. It shall be the dutv of the Port Warden, on be- p„rtwur.iun ing notified and requested. by any of the parties inter- onreijueBt'tl') osted, to proceed in person on board of any vessel for *^'^'"""""*"'' I'ort War rleiis. Curtain I'orts ex- oejitod. 28 , the purpose of exammiiig the coiulition and stowage of diUon of'^''" ^^^^ cargo ; and if there be any goods damaged on board targo, &c., such vessel, he shall inquire, examine, and ascertain seiT*^ ""^^ the cause or causes of such damage, and make a mem- orandum thereof, and enter the same in full on the books of his office. Sune\' if bulk has been broken before arriv- al in Port. What shall be priiiKi facie evi- ilenee of ini proj)er stow- aRe. 5. The master of any vessel which has broken bulk for the purpose of lightening o]- other necessary pur- pose, previous to her arrival in any harbour for which there is then a Port Warden, shall, immediately on the discovery of any damaged cargo, proceed to have a sur- vey held on the same in the manner herein prescribed, before the same shall be moved out of tJie place in which it was originally stowed; and if, after the arri- val in port of any vessel from beyond the seas, or from a passage over any of the great lake.s contiguous to the Province of Ontario, which has not had occasion to lighten, break bulk, or otherwise discharge any portion of her cargo before coming into the harbour, the hatches of such vessel shall have been first opened by any per- son not a Port Warden, and the carg(3 or any part thereof shall come from on board such ship in a damaged con- dition, these facts shall be ]jTiiU(l fucie evidence that such damage occurred in consequence of improi)er stowage or negligence on the part of the persons in charge of the vessel ; and such default shall, until the contrary be shewn, be chargeable to the owner, master or other person interested as part owner or master of the said vessel . I'ort Warilen on request to ascertain L'ause of (laniaffe to iiiiy jrooils. To be a sur- \e,vor of wrecks oi' (laniasfoil vessels. 6. The Port Warden shall, when requircnl, proceed to any ship, steamer or other vessel, Avarehouse, dwel- ling or wharf, and examine any merchandise, vessel, material, produce ov other property, said to have been damaged on board any vessel, ancl enquire, examine and ascertain the cause of such damage, make a memor- andum thereof, and of such property, ajid record in the books of his office a full and correct statement thereof. 7. The Port Warden shall, when required, be sur- veyor on any vessel which may have suffered wreck or damage, or which shall be deemed unfit to i)roceed on her voyage ; he shall examine the hull, spars, rigging and all appurtenances tliereof , shall ^jjecify what damage has occurred, and record in the books of his office, a full and particular account of all surveys held on such vessel ; he shall call to his assistance, if necessary, in such survey, one or more car[)enters, sail -makers," rig- ■29 iiem- tlie bulk |)U1- liich n the sur- ibed, ce in arii- gers, shipwrights or other persons skilled in their profession, who shall each be entitled to a fee not exceeding five dollars, to aid him in the examination and survey; but no such surveyor shall be interested in the case: the Port Warden shall also, if required, be J*,^j,Xaro"^ surveyor of the rt.i)airs necessary to render such vessel seaworthy, seaworthy, and his certificate that these repairs have been pro})erly made shall be evidence that the vessel is seaworthy. S, The Port Warden shall have cognizance of all sunuvsof matters relating to the surveys of vessels and their iiamah-oii . • " • ,1 ^ 1 -t ^ , ^ vessels and cargoes, arriving m port damaged, and when requested cartfocs. shall, on payment of the regular fee, give certificates of such surveys. 9. The master of any vessel intending to load grain n„t..„, in bulk, for any port not within the limits of inland Master of navigation nor within the Dominion of Canada, shall, In^rwitiT' before taking in any of such grain, notify the Port f;J','Jl^". f", Warden from time to time Avhile the different chambers i^rtoutof 1 . 1 , T 1 i ii • 1 Canada; and are being prepared, to survey antl inspect the said Duty of port vessel as well as the dunnage and lining boards; the ^ ''''''''"■ Port Warden in such c;ase shall ascertain whether sucli vessel is in a fit state to receive and carry the cargo intended lor her to its destination; he shall record in his books the condition of the vessel; if he finds she is not fit to carry the cargo in safety, he shall state what repairs are necessary to render her seaworthy; before beginning to load each chamber he shall be careful to see that it is properlv dunnaged and lined, and provid- ed with shifting boards, and that the board and plank useel for these pui'poses have been pro])erly seasoned; he shall examine the pumps and see that they are properly lined and dunnaged; he shall enter in the l)ooks of his office all particulars connected with these surveys, and grant the necessary certificates. 10. It shall be the duty of the Port Warden, when Duty of Port recpiired, to decide what amount of dunnage is necessary J^d1.mna^e, below cargo, and also between wheat and other grain, and the fiour to be stowed over it, and his certificate that such dunnage has been used, shall be ])Hni(t facie evidence of the good stowage of the cargo so far as these points are concerned. 11. The master of any vessel, wholly or partly laden Further with grain, for any port not within the limits of inland M^^'teVami navigation nor within the Dominion of Canada, shall, 30 \\ > Portwarden before proceeding on his voyage, or clearing at the vL^dZ"'" Ouatom House for the same, notify the Port Warden, whose duty it shall then be to proceed on board such vessel, and examine whether she is in a fit state to proceed to sea or not; if she is found unfit, the Port Warden shall state in what particulars, and on wdiat conditions only she will be deemed in a fit state to leave, and shall notify the master not to leave the port until the required conditions have been fulfilled; and in case of the master refusing or neglecting to fulfil the same, » the Port Warden shall notify the Collector of Customs, in order that no clearance may be granted for the vessel until such required conditions have been fulfilled, and a certificate thereof granted by the Port Warden or his deputy . vaiuinj,' aiui 12 . Tlic Port Wardcu shall, when required, estimate vessuis"bSf the value and measurement of any vessel, when the same den!^^'*'^ is in dispute or otlierwise needed, and shall record the same in the books of his office. Duty of 13. It shall be the duty of every auctioneer making a 8e"nn^"on- ^^^® ^^ ^^.Y ^'^^^^l Condemned, oi ship's materials, oi- demiied ves- goods damaged on board a ship or vesse', w^hether sea- iaisorgi)ods. going or of inland navigation, sold for benefit of underwriters or others concerned, in any harbour for which there is then a Port Warden, to file a statement of the same at the office of the Port Warden within ten days after such sale; no underwriters' sale shall take place until after at least two days' public advertisement or notice, and such sale shall not be at an hour earlier than eleven, nor later than three o'clock in the day. Port warden ^^' ^^ shall bc tlic duty of the Port Warden, when to arbitrate required in writing by all parties in interest, to hear ivus^ter and and arbitrate upon any difficulty or matter in dis})ute consignee, jjetwceu the uiastcr or consignee of any vessel, and any proprietor, shipper or consignee of the cargo, and to keep a record thereof. Sale of dam- 15. No goods, vesscls or otlicr property at a place orgooT^on'' where there is a Port Warden, shall be sold as damaged a^Loiint of for account of underwriters, unless a regular survey and condemnation has previously been had, and the Port Warden shall in all such oases be one of the surveyors. nnder- writers Notiee by Port War- den. 16. Before proceeding to act in any case in the per- formance o* his duties, the Port Warden shall give reasonable notice, where practicable, to all parties interested or concerned in the case. 81 .t the rden, such te to Port what eave, until case ■5am e, fcoms^, 'esse! and )r his 17. All notices, requests, or requirements to, or from Ami to him. the Port Warden, must be given in writing, and a reasonable time before action is required. 18. The Port Warden may in any case where he I'ortvyani.n thinks it right and necessary, initiate ])roceedings, and prolt4dh'i'i^l^ hold surveys, and obtain process, as if required by the parties concerned under the provisions of this Act, — and whenever the Port Warden is mentioned in any provision of this Act, such provision shall always bo n^.,^^^^^. ^,^^f^ understood to apply to any Deputy Port Warden, if warden, there is such. ■J 19. On the demand of any party interested, the Port poitwaiden Warden shall furnish certificates in writing, under his *,op|e"of'' hand, of any matters of record in his office; he shall docunieiit*;. itlso furnish when required, copies of any entries in his onice'." books or documents tiled in his office, upon jjayment of a reasonabe compensation. 20. On application, the Port Warden shall supply, to And copii^s any master of a vessel arriving in the Harbour, a copy uons^"}" of the regulations relating to the office of Port Wardcni I'arimur. once in each year. 21. In all matters regarding surveys, and other mat- T(. tonfoim ters concerning the value, state, or classification of tj^j,^*^"/"^ vessels and like subjects, the Port Warden shall conform I'loyds. to, and be governed by the regulations of Ijloyd's, so far as they are applicable to the circumstances of the case. 22. Should any dispute arise between the Port ^^'ar- deu and any party interested in any case where his wltin'ort presence has been required, either party mav apiie^l to J^'"'!':',' ',*',' 1 •! 1' 1 1 1 r T I "^ 1 ■ • ne sottledltv the council of the board oi trade or chain l)er ot com- i>oaid of merce, where there is one, and it shall be the duty of '""**• the Secretary of such board or chamber, on a recpiisi- tion being presented to him to that effect, to summon forthwith a meeting of the said council who, or not less than three of them, shall immediately investigate and report on the case submitted to them, and their deter- mination or that of a majority of them, made in writing, shall be final and conclusive. 23. The partly against whom the council of the board of trade, or chamber of commerce shall decide shall pay costs in smii all the expenses, and the council shall determine the '^""'' amc mt of fees or charges payable in each case, which shall never exceed twenty dollars. t'tTtificatos of Port War- tieii to bu ovulciicu. Tariff of fees, to be jiaid to I'ort War- ilon, to be iiiado by Itounl of Trade or (ioveriior in (.Council. Maxiinuin r.ites. Survey of vessel, ilainj ayed goodsy \'al nation and inspec- tion of ves- sel. 82 ■ 24. All certificates issued under the linnd of the Port AViirden or his Dejjuty, und sealed with the seal of his office, referriiij:^ to matters recorded in his books, shall be received la^ j)ri IU(i jacic evidence of the existence and contents of such record, in any court in Canada. i25. Th(> council of the board of trade or chamber of commerce, if t)\ere is one, may, from time to time, establish a tariff of fees to be paid to the Port Warden for services })erformed by him and his dei)uties, by the masters or ownei's of sea-«^oing vessels, and by others in respecft of whom the duties of the said Port Warden are required to be i)erformed, — whicli tariff", bein^ first approved by the Governor in Council, shall be enforced until repealed or altered by the said Governor in Council, oi- by the said council of the board of trade or chamber of commerce, as it may be at any time, with the approval of the Governor in Council; and when there is no board of trade or chamber of commerce the Governor in Council shall make such tariff; but such fees shall not exceed the rates hereinafter mentioned, that is to say : — 1. For every survey and the certific;ite thereof by the Port Warden and his assistant, of the hatches, and cargo of any vessel, or of the hull, spars and rigging thereof, or the survey of damaged goods, a fee, includ- ing the certificate thereof, not exceeding eight dollars each, and such fui'ther sum, not exceeding five dollars, as may be payable to shipAvrights or other skilled per- sons employed by him : '2. For every valuation i»f a vessel for average, and eveiy ins])ection of a vessel intended to load, a fee to be graduated according to the tonnage of such vessel, but not in any case to exceed ten dollars: settling dis piites. Hearing and 3. For hearing and settling disputes of which the Port Warden is authorized to take cognizance, and for the fees on appeal to the council of the board of trade or chamber of commerce, a sum to be graduated accord- ing to the value of the thing or the amount in dispute, but in no case to exceed twenty dollars: 4. The foregoing maximum rates, comprehending the fees for the incidental proceedings, certificates and copies, may be altered and apportioned, and the parti- service distinguished, and the fee therefor assigned, and the person by whom the same shall be paid, may be indicated in such a way as the council of Kates may be altered, etc., by Board of 'i'rade or * Governor in CUlar Coiineil. 83 the board of trade or chaiuljer of commerce, may from time to time, apj)oint; and ill rates and fees so estab- lished shall be subject to tie approval of the Governor • in Council, who shall have jower from time to time to disallow or modify and aJter such fees and rates. 26. The penalty for any and every infraction or Penalties for breach of the ninth or of the eleventh section of this ^1'"*^^ « Act, shall be the sum of eight hundred dollars; and for nand li ' every infraction or breach of the thirteenth section of this mTa\%L- Act, the sum of twenty dollars; and any and every such v'^^''^" "f- penalty as aforesaid shall be recoverable in the manner prescribed by the Interpretation Act, in cases where penalties are imposed, and the recovery is not otherwise provided for; and the whole of any pecuniary penalty imposed by this Act shall belong to the Crown, and shall be paid o\ er to the lieceiver General, by the officer or person receiving it, and shall be appropriated in such manner as the Governor in Council may direct. 27. The Port Warden shall have such other further duties as may be assigned to him from time to ^vanien,* time by any regulations made by oi-der of the Governor "nJerre and I'lirther du tics of Port .^«^..,^i. .xxo «xcvvxv. ^j wivcwx wx ..wv. v^w,v.xxxv^x . - TWU - in Council; and the council of the board of trade or oovernor in chamber of commerce may, from time to time, make *^''"""''"' such suggestions to the Governor as thej may deem ' expedient, with respect to any such other and further duties, or any modification of the duties hereinbefore assigned to tlie Port Warden for the harbour; and such other or further duties may be assigned or such modifi- cation made, by Order in Council accordingly: any such Order in Council may l)e amended or repealed, and new provision made, and any regulations so made shall, while unrepealed, have the force of law, as if contained in this Act. 28. No officer of Customs shall grant a clearance to any vessel wholly or })artly loaded with grain, for the purpose of enabling her to leave the harbour for any port not within the limits of inland navigation nor within the Dominion of Canada, unless nor until the master of such vessel produces to him a certificate from the Port Warden or his deputy, to the effect that all the requirements of this Act have been fully complied with if such grain be laden in bulk; nor unless or until such master produces to him a certificate from the Port Warden or his deputy, that all the requirements of this Act, have been fully complied with, if such vessel be wholly or partly laden with grain, otherwise than Clearance not to be },'ranted to any vessel carrying grain, unless the require- ments of this Act liave been com- plied with. I liift'r]ircta- tidii. Short titio. 34 wholly or i)artly in bulk, aiul if any vohscI wholly or partly lojulcul with {^raiii att(')i)])ts to leave the harbour tor any [)ort not within the limits of inland navij^ation nor within the Dominion of Canada, withoirt a clearance, any officer of Customs, or any iH^rson acting' under the direction of the Minister of Marine and I'isheries, or tin; chief ofHcer of the lliver Police, may (hstain such vesi^el until such certificate is ])roduced to him. "29, The expression " the harbour" in this Act, means the harbour for which the Port Wirden is appointed; the ex])ression "the board of trade or chamber of commerce" means the board of trade or chaml.ter of commerce for the city or town or j)lace adjoinin; register, including certificate under seal ... 10. Valuation of a vessel for average of 200 tons and under 500 tons, with certificate under seal 11. Valuation of a vessel for average of 500 tons and upwards, with certificate under seal 12. Survey of cargo reported to have shifted, including . certificate under seal 13. Extra copy of certificate, when required, and under seal 14. Hearing and settling disputes between master and consignee of ship and owners of cargo the l*ort Warden shall be entitled to demand and receive: — Value of cargo under * 200 do. do. $ 200 to $ 500 do. do. $ 500 to f 1000 do. do. $1000 and over 4.00 5.00 10.00 5.00 5.00 7.50 10.00 5.00 1.00 2.00 ;ioo 4.00 5.00 15. Filing pa|)ers of auctioneers, &c., each 1(). Ascertaining if vessel is seaworthy, including certifi- cate under seal 17. Survey, that repairs ordered, if not seaworthy, have been made, inclusive of certificate under seal: — 200 tons and under Over 200 tons 18. General superintendence of a vessel loading, with certificate under seal 25 10.00 3.00 5.00 5.00 XVII HAUBOUK MAHTEK. lU'LES AND FKKH. Vide Act 'M Vic, fliu|). !), UHHeuted to .'hd Mjiy, IHlli. do. ni Vic, crhap. 84, do. t2()tli May, 1874. do. H8 Vic, chap. 80, do. 8th April, 1875. Tiie Board of Trade having no control under this liead the Acts as aipended are consolidated for the information and general jjfuidance of niembern. HARBOUR MASTERS' ACTS CON- SOLIDATED. An Act to puovide for the appointment of Harboiu Masters for certain Ports in the Provinces of (Quebec, Ontario, British Columbia, and Prin(!e Edward Island. {AnM'it,fctf to ifUh Man, /S74 .] I f PreiUiililt AND An Act to amend the Acts thirty-sixth Victoria, Chapter nine, and thirty-seventh Vk toria. Chapter THIRTY -FOUR, RESPECTING THE APPOINTMENT OF HaRROI R Masters. [Axseiifei/ fo S//i April, /S7'f.] HER MAJESTY, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — tion. 1. In the construction, and for the purposes of this |!^t«n'reta Act 'if not inconsistent with the context or subject matter), tb>^ foUowing terms shall have the respective meanings litneinafter assigned to them, that is to say: — " Ship" sha 1 include every description of vessel used in navigation, not propelled by oars; "Mastor" shall include every person (except a pilot) having command or charge of a ship; " Har jour Master" shall mean a Harbour Master appointed under this Act; " Port" shall mean a port to which this Act applies. 37 2. Tlio Governor la.iv, from time to time, appoint a lit and proper person to bo H.irlxmr Master for anv I )rt ill any of tlie Provinces of (^uohec, Ontario. 33ritisli Columbia, or Prince Edward Island, to which this Act applies. 3. Every Harbour Master appointed under this Act shall be under tiie control of the Minister of Marine and Fisheries, to whom he shall furnish a report in writing and on oath, as soon as i)ossible after the thirty-lirst day of December in each year, of his doings in ortico, and of the fees of otttce received by him (luring such year. 4. The rights, powers and duties of the Harbour Master for any port, shall be such as may from time to time be conferred and imposed upon him by rules and regulations made by the Governor in Council for the governmeuf of his office and of the port for which he is appointed, and for his remuneration; which rules and regulations the Governor in Council is hen Uy author- ized and empowered to make, and from time to time to alter, amend or repeal; and any such rules and regula- tions may be so made to a])])ly to any one or more ports to which this Act then ap|)lies, or may be afterwards extended by order in Council to any such port. 5. The Governor in Council may in and by any rule or regulation made under the next preceding section, im[)ose any veiis()nal)le penalty, not exceeding in any case one hundred dollars, for the breach of such rule or regulation, with, in case of a continuing breach, a further penalty, not exceeding in any case ten dollars for every twelve hours during which such breach continues, but so that no such rule or regulatinn shall im})ose a minimum penalty; and every breach of any such rule or regulation shall be deemed a contravention of this Act, and every such penalty shall be held to be a penalty imposed by this Act. 6. The Harbour Master for any such port shall furnish copies of the rules and regulations made under the next preceding section, and then in force, to every licensed pilot of the port, who shall give one of such co]>ies to the master of every ship which he shall take in charge. 7. It shall be the duty of the Harbour Master of any such port to prosecute every person violating any rules or regulations made by the Governor in Council under this Act. Oovuriior may ap|M)itit Murliutir MaHtuni. Annual Ke- i)ort of Har' Dour Miuttem to MitiUfcr o( Marine, RcKUlutions by (Jovurnor in Council. Rc(?ulationH max' iniiPOHc penaltie^j. Copies to lit' furnished to Pilots. Prosecut'im for infrac- tion. I Salai'N . liow Hxed. fUilaiicii to be i)ai(l over 38 "8. The Harbour Master for any ])ort shall be, remunerated for his service." solely by the fees herein- after mentioned, or such portion thereof as he may, from time to time, be authorized to retain by the rules and regulations made by the Governor in Council under the fourth section of this Act : and for and in respect of all ships entering a port or harbour to which this Act applies, and at which a Harbour Master is appointed, and discharging or taking in cargo, ballast, stores, wood or water, there shall be paid the following fees; that is to say: — For every ship of fifty tons register or under, fift}' cents ; For every ship over fifty tons and not over one hundred tons register, one dollar; For every ship ovei' one hundred tons and not over two hundred tons register, one dollar and fifty cents; For every ship over two hundred tons and not over three hundred tons register, two dollars; For every ship over three hundred tons and not over four hundred tons register, two dollars and fifty cents; For every ship over four hundred tons and not over five hundred tons register, three dollars ; For every ship over five hundred tons and not over seven hundred tons, four dollars; For every ship over seven hundred tons register, five dollars ; And such fees shall also be payable for ships with cargo and steamers passing through or Jirriving at the Harbours of Sorel, St. Johns, Three Rivers or Lachine, in the Province of Quebec; and the Governor may, from time to time, appoint a fit and proper person to be Harbour Master at each of the said harbours." 9. The salary or remuneration of each Harbour Master, appointed under this Act, «hall be, fiom time to time, fixed by Order of the Governor in Council, but shall not exceed six hundred dollars, and shall be subject to the provisions hereinafter made. 10 . The Harbour Master of each port shall pay over as soon as possible after the thirty-first day of December 39 in each year to tlie Receiver-General, to form part of to cla>.tur. unci wliut it must show. RH To wliat Provinces and portH and when the foreg'o ing- provis ions shall apply. I tfd. 40 and ill so far only as they shall not be inconsistent with this Act, or any rule or regulation made under it; and all claims, suits or proceedings for penalties incurred or offences committed against law, rule or regulation respecting such port, may be continued to judgment and execution as if this Act had not been passed; but all fees and all powers, duties, rules, regu ations or provisions of law inconsistent with this Act, or any rule or regulati(Mi made under it, by whatsoever authority they may have been given, imposed or made, shall cease, and be of no effect by virtue of sj^fj appointment under this Act. 14 . The foregoing provisions of this Act shall a]>ply to the Provinces of Quebec, Ontario, British Columbia, and Prince Edward Island only, and to such ports, and such ports only in either of the said Provinces as shall, from time to time, be designated foi that purpose by •orti excep- Proclamation, under an Order or Orders of the Governor in Council, except only the Ports of Quebec and Montreal, in the Province of Quebec, and of Toronto, in the Province of Ontario, to which the said provisions shall not apply. 15. It shall be the duty of ea(ih Harbour Master appointed, either under the Act firstly mentioned or the Act secondly mentioned, to see to and superintend the placing, maintaining and taking up of buoys in the port or harbour for which he is appointed, and to perform such other services and duties connected with su(;li pcjrt or harbour, as he may be directed to perform by the Minister of Marine; and Fisheries, or by the proper officer, or by Departmental orders of that Department, without any additional remuneration beyond the amount allowed him out of fees received by him under either of the said i\cts as hereby amended. 16. The penalty imposed by any rule or regulation made by the Governor in Council, under the fourth section of either of the said Acts, jpmI incuired by any breach or continuing breach of su( ■ nde or regulation, may be recovered by summary prt;ocjreach is committed or is continued, under the "Act respecting the duties of Justices of the Peace, out of Sessions, in relation to summary Convictions and Orders," on the information of any Hurbour Master or other person : ind })ayment thereof may be er forced in the manner by the said Act ^ I t 41 provided; and one* moiety ol' siicli penalty shall belong to the informer, not being the Harbour Master, and the other moiety to the Crown; but if the Harbour Master be the informer, the whole shall belong to the Crown. KULES AND REGULATIOISS FOR THE GOVERN- MENT OF CERTAIN PORTS in the Provinces of Nova Scotia, New Brunswick, Qhebec, Ontario, British Columbia, and Prince Edward Island, To which the Acts 36 Vic, Chap. 9, and 37 Vic, Chap. 34 apply; and for the government of the office of Harbour Master for the said Ports. Rule I. — The following Rules and Regulations shall apply to each and every Port which has been or hereafter may be proclaimed by an Order of the Governor in Council under the provisions of the above named Acts, intituled respectively, "An Act to provide for the appointment of Harbour Masters ' ' for certain Ports in the Provinces of Nova Scotia and New " Brunswick," and "An Act to provide for the appointment " of Harbour Masters for certain Ports in the Provinces of "Quebec, Ontario, British Columbia and Prince Edward " Island," unless and until other Rules and Regulations be authorized in such Order or subsequent Order in Council. Rule II. — It shall be the duty of each Harbour Master of the said Ports in person, or by. deputy duly authorized, to go on board of every ship or vessel of the burthen of twenty tons (registered tonnage) and upwards which shall arrive within the said Ports within twelve hours after the arrival of such ship or vessel, to see that she is moored only in such a manner or position as sliall be assigned to her by the following Regula- tions. And it shall be lawful for such Harbour Master to ask, demand and receive, as a compensation for his services (vessels belonging to or employed by Her Majesty and the Government of the Dominion of Canada, and ships engaged in trading between Ports and places in the Dominion, or in the Fishing trade except- ed according to the following scale, and under the restrictions mentioned in the above named Acts : scale of fees. For every ship or vessel of 20 tons, but not more than 80 tons (registered tonnage,) 50 cents. 5150V i9=- I s 42 For every ship of 80 tons, but not more than 200 tons, (regis- tered tonnage,) 11,00. For every ship of more tluin 200 tons, but not more than 300 tons (registered tonnage,) 12.00. For every sJiip of more than 300 tons, but not more than 400 tons, (registered tonnage,) $3.00. For every ship of more than 400 tons, $4.00. Rule m.- '^v <'ase of any dispute arising between masters, owners or othe sons engaged in liauling ships or vessels in or out of any of tj Docks or Wharves, it shall be the dut}^ of the Harbour Master, if called upon, to give such directions as he may think fit in respect to the same; and all masters, pilots, or other persons having the charge or command of any ships oi- vessels, shall comply with the directions of the Harbour Master or his deputy in these respects, under the penalty of Twenty Dollars for each and every neglect or refusal so to do. Rule lY. — If any ship or vessel arriving and anchoring, or being moored or fastened to any wharf or vessel in theHarboar shall be so moored or placed as to be unsafe or dangerous to any other ship or vessel previously lying at anchor in the Harbour, or moored or fastened as aforesaid, the Harbour Master or his de})uty is hereby authorized and required to forthwith order and direct the situation of such ship or vessel so arriving and anchored, moored or fastened as aforesaid, to be altered in such a manner as to prevent svTch insecurity and danger; and the master, pilot or other person having charge of such ship or vessel shall comply with the orders and directions of tlie Harbour Master or his deputy in this respect, under the penalty of Twenty Dollars for each and every ofi'ence. Rule V. — Any person or persons who may moor or fasten to, or in any manner injure, altev or change any of the public buoys, shall, on conviction, pay a penalty of Twenty Dollars, besides being held liable to pay any damage sustained. Rule VI. — Whenever it shall hap])en that any ship or vessel is short of hands, so that she cannot be moved when ordered, it shall and may be lawful for the Harbour Mastei- to emi)l()y a sufficient number of hands to effect such removal, and to remove or assist in removing such vessel as required or as may l)e necessary — and that at the expense of such vessel. Rule VII. — The Harbour Master shall have power to ordei- the removal of any scow, boat t)r other vessel, loaded or unloaded, or anything calculated to interfere with the moving or mooring of vessels from any part of the Harbour to any other part thereof, and the owner of such scow, boat, etc., or person in charge thereof, fai'ing to make such removal in one hour after being notified so t(j ch), shall forfeit and pay a sum "1 m 43 ^ k not exceedin*^ $10, nor less than $5, and after one liour shall Lave eJapsed the Harbour Master shall have power to make the removal and charge the person notified for so doing. Rule VIII. — Whenever the Harbour Master shall find ships or vessels at the wharves with main jib or spanker booms rigged out so as to incommode other vessels, it shall be the duty of the Harbour Master to direct such to be rigged in, and in the event of non-complianc^e, all accidents to the same shall be at the risk of the persons so oifending. Rule IX. — No vessel shall be left without some person to take care of her, by night and b}' day, when anchored in the stream or in the Harbour. Rule X. — All vessels lying at, anchor in the Harbour shall keep a clear and bright light burning at least six feet from the uppermost deck, from sunset until sunrise. Rule XI. — All ships or vessels l.oading or discharging in the stream, coals, })allast and such like materials, shall have a sufficient piece of canvas or tarpaulin so placed as to prevent any portion thereof from falling into the Harbour, under the penalty of $20 for each and e\ery offence, to be paid by the owner, master or person in charge of such ship or vessel. Rule XII. — No Ballast, Stone, Gravel, Earth or Rubbish of any kind, shall be unladen, cast or emptied out of, or thrown overboard, from any ship or vessel whatever in the Harbour, or at the entrance thereof (except in places set apart for that purpose by the Harbour Master and under his direction), under the penalty of Fifty Dollars for each and every offence, to be paid by the owner, master or other j)er.son having the charge of any such ship or vessel. Rule XIII. — In places set apart by the Harbour Master for the deposit of ballast, etc., it is hereby required that no ballast, stone, gravel, earth or rubbish of any kind shall be unladen, discharged, deposited, thrown or laid before sunrise or after ^unset, under a penalty of Forty Dollars for each and every offence. Rule XIV. — No Ballast, Stone, Gravel, Earth or Rubbish of any kind shall be unladen, di.-icharged, deposited, thrown or laid, either from any vessel, boat, scow, or other such craft, or in any other manner or by any person, from any part of tin; beach or shore into any part of the Harbour, Ox u])on the beach and shore thereof, either below low water mark, or between high and low water mark, under the penalty of Forty Dollars for each and every ottence, to be paid b}^ tlie owner or owners, master or person having charge of any vessel, boat or scow, or other craft from which such matter as aforesaid shall u liave been discliurfj^ed, or by any other pei'son or persons violating' this hiw. Rule XV. — Any person or persons who shall or may hinder, ()p})()se, molest or obsti'uct the Harboui- Master, his depiity or any of his assistants in the discharj^e of his or their duty, shall, on conviction, ])ay a penalty of Forty Dollars for each and every offence. Rule XVI. — The ])enalty for violation of, or not conforming to the provisions of the law, and for disobeying the lawful orders or directions of the Harbour Master or his deputy in respect to any provision for wiiich no penalty is hereinbefore [)rescribed, shall be Twenty Dollars, to be imposed upon \ ae owner or person in charge of the ^diip or vessel not conforming to the particular requirements. PiiivY Council Chamber, Ottawa, 8rd December, 1874. The foregoing Rules and Regulations were submitted to and approved by His Excellency the Governor General in Council, on the 2nd day of December, instant. V/. A. HIMSWORTH, Clerk Privy Council. XVIII. WHARVES. I. The ])roprietor or occupants of any wharf shall be entitled to the inside berth up to the line of his or their property. II. The pro])rietor or occu})ant of the adjoining })roperty may "overlap" by using the outer bertJi, or may use the inner berth if not required. III. Not more than two vessels shall be allowed to lie abreast of any wharf at the same time unless tiiey can do so without occupying a greater depth i or space) than 00 feet from the water front. The f(n*egoing By Laws, Rules and Regulations w^re submit- ted to and approved by the meraljers present at the Quarterly General Meeting held on the 2nd October, and finally ndopted at an adjourned General Meeting on the 8th October, A. D., 1879. The Acts of Canada as printed also endorsed. ROBERT PATER80N RITHET, Priwident, WILLIAM CHARLES, Vk'e-President. EDGAR CROW BAKER, Vk'Toria, B. C, 14th October, 1879. .