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This item is filmed at the reduction ratio checked below/ Ce document est film* au taux de reduction indiquA ci-dessous. 10X 14X 18X 22X 26X 30X 12X 16X 7 aox 24X 28X 32X The copy filmed here has been reproduced thanks to the generosity of: Legislative Library of British Columbia L'exemplaire filmA fut repioduit grAce A la gAnArositi de: Legislative Library of British Columbia The images appearing here are the best quality possible considering the condition and legibility of the original copy and in keeping with the filming contract specifications. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when approprifv B Y,- L A W S F THE^ ^^tttl |e$tmm$fef l^aartl irf I ^li0|jteb JfebruatB 28th, 1883. NEW WESTMINSTER, B. C: Printed at the Office of the ^iiish Columbian III H A y ■■l»liw fc fcllj»lll|llllifc>l IP - ■i.*!-!^ 1 ■■ II. „m - " ■V .-H' /■' i^. vT, lM^3r>. ■■ • , :.. ■ ■ ■■.. ,»...^^. 1 ..X'' ,i „ A' „ - / »' !'».,. -'. • ^ 4if]:^u^m^M^jim^. FEnrNcr Ui- A .y ACTS OF INCORPORATION AND B Y - La A W OF THE New Westminster BOARD OF TRADE ± Q e 3 . Adoftki) at thk Quarterly General Meeting 22NI) Feb- ruary, and Adjourned Meeting 28th February, 1883. NEW WESTMINSTER: BRrriHH COLnMBIAN NEW8PAPKR AND JOB PBINTIXQ OrviCB, 1888. PROVINCf^L LIBRARY VICTORIA* B. C. 361 N53£ / Tl liM ■iiiiiliiiiiliiiiHi OFFICERS ^ I3-J.8) EHKNKZER BROWN, - JAMKS CUNNINGHAM, THOMAS J. TRAPP, - - - President. Vice-President. - - Secretary. COUNCIL. (8) G. C. MAJOR, JOHN HENDRY, J. A. ^WEBSTER, A. EWEN, ROBT. DICKINSON. JAMES WISE, S. TRAPP, H. V. EDMONDS. ARBITRATION BOARD. (i2) C. G. MAJOR, JOHN HENDRY, J. A. WEBSTER, A. EWEN, ROBT. DICKINSON, JAMES WISE, S. TRAPP, H. V. EDMONDS, W. McCOLL, c. Mcdonough, WM. RAE, A. HASLAM. 6444 J LIST OF MEMBERS. ADAIR, WILLIAM, B. ADAIR, JOHN, Jr. BROWN, EBENEZER. BLACKIE, WALTER. CUNNINGHAM, JAMES. CHISHOLM, DONALD. DODD, WM. DOUGLAS, BENJAMIN. DEANE, R. W. DICKINSON, ROBERT. ENGLISH, MARSHALL M. EDMONDS, HENRY V. EWEN, ALEXANDER. ELLIOTT, HENRY. EICKHOFF, FREDRICK. FISHER, ISAAC B. ERASER, ANGUS C HOMER, JOSHUA A. R. HASLAM, ANDREW. HENDRY, JOHN. HARVEY, JAMES W. HERRING, ARTHUR M. KEARY, W. H. LEISER, GUSTAV. LAIDLAW, JAMES A. LADNER, THOMAS E. MAJOR, CHARLES G. McCOLL, WILLIAM. * McNAIR, DAVID. McNEELY, THOMAS. Mcdonough, charles. onderdonk, andrew. pleace, john h. pearson, thomas r. rousseau, james. robson, jno. rae, william. scoullar, edwin s. trapp, samuel. trapp, thomas jno. thomas, robert. tiffin, john b. webster, john a. willie,, louis. wise, james. webster, geo. c. l To the HonorahU, the. Srcrftary qf State for the Dominion of Canada; — Know all men by those preaents, th»t we, the several peraniiH whose signatures nml seals are hereto subsonbed and set, and whose occupations, respectively, are tliosu set opposite our respective signatures, do hereby associate ourselves together as a Board of Trade, under the provisions of the Act of Parliament of Canatui, 37 Vic, (1874). Chap. 51, as amended by the Act 3U Vic, (I876|, Chap. 34; and we do hereby appoint Heni7 Valentine Edmonds as Secretary to the said Board of Trade; and we ao hereby specify the name assumed by the Association, and by which it shall be known, to be "TiiK Nkw Wk^tminhtkr Board ok Tkadk," and the name of the District in which the same is situate, and its husines*! transacted to be New Westminster, and the name of the person so elected Secretary to be Henry Val- entine Edmonds. Witness our hands and seals. Dated the 10th day of October, A.D. one thousand eight hundred and eighty -two. SIGNATURES. James Cunningham . . Ebenezer Brown Charles G. Major. . . . James W. Harvey . . . Gustav Leiser James A. Lai 'law . . . Samuel Trapp Thomas J no. Trapp . , Charles McDonougn . James Wise Oteo. C. Webster . . . . Thomas R, Pearson . . Jno. Itobson Edwin S. Scoullar . . . Robert Dickinson. . . . William McCioU Isaac B. Fisher John H. Pleace Arthur M. Herring . . William Rae Robert Thomas Louis Willie John Hendry ^ . Henry Elliott Fredriok Eickhoif. . . . Andrew Haslam David McNair Walter Blackie Donald Chisholm . . .< , Marshall M. English. Henry V. Edmonds. ^ Alexander Ewen . . . ? W. H. Keary James Rousseau R. W. Deane John A. Webster. . . . William B. Adair. . . . Angus C. Eraser JohnB. Tiffin Thomaa McNeely. . . . Thomas E. Ladner . . John Adair, Jr Benjamin Doiiglaa. . . Andrew Onderdonk . . Wm. Dodd OCCUPATION. WITNE88. Joshua A. R, Homer Merchant Merchant Merchant Merchant ,. . Merchant Merchant 8slmon Canner Merchant Merchant Merchant Merchaii t Mill Owner Merchant Merchant Merchant Merchant Merchant Banker Merchant Druggist Merahant Merchant Merchant Mill Owner Merchant Merchant Mill^ Owner Mill Owner Blacksmith Merchant , Merchant Auctioneer Fish Monger Merchant Merchant Broker Mill Owner Prop. Salmon Cannery Lumberman Manufacturer Merchant Salmon Canner Salmon Canner Saddler Civil Eng'r & Con tract 'r Express Agent ....... Charles E. Charles E. Charles E. Charles E. Charles E. Charles E. Woods Wootls Wooils Woods Woods Woods Charles E. Woods Charles E. Woods Charles E. Charles E. Charles E, Charles E. Woods Woods Woods Woods Charles E. Woods Charles E. Woods Charles E. Woods Charles E. Woods Charles E. Woods Charles E. Woods Charles E. Woods Charles E. Woods Charles E. Woods Charles E. Woods Charles E. Woods Charles E. Woids Charles E. Woods Charles E. Woods Charles E. Woods Charles E. Woods Charles E. Woods Charles E. Woods Charles E. Woods Charles E. Woods Charies E. Woods Charles E. Woods Charles E. Woods Charles E. Woods Charles E. Woods Charles E. Woods E. Charles Charles E. Charles E. Woods Woods Woods Charles E. V^^oods Charles E. Weds Charles E. Woods E. A. Cunningham 0. R. Warwick i«« 8 I, Charles Edwards Woods, of New Westminster, British Col- umbia, do hereby acknowledge Jmd declare that the above cer- tificate was signed and sealed by the respective persons by whom it purports to have been signed and sealed, in my presence, with the exception of the names Andrew Onderdonk, and Wm. Dodd, William B. Adair, Angus C. Eraser, Thomas'McNeely," Thomas E. Ladner and John Adair Jr. CHARLES E. WOODS. Taken and acknowledged before me, at New Westminster, this twelfth day of December, A. D. 1882. Gordon E. Corbould, [Seal.] Notary Public i I, Henry Valentine Edmonds, of the city of New Westminster, in the Province of British Columbia, Secretary of the New West- minster Board of Trade, do hereby acknowledge and declare that the hereto annexed certificate was signed and sealed by the re- spective persons by whom it purports to have been signed and sealed ; that the respective occupations set opposite the respective names of such persons are their true occupations respectively, and the said persons reside within the judicial district of New Westr *^»"ster. HENRY V. EDMONDS. Taken and acknowledged before me at New Westminster, this twelfth day of December, A. D. 1882. Gordon E. Corbould, [Seal.] Notary Public, British Columbia^ Dkpartmxnt of thk SBCRicTARr OF Statk of Canada, i KxoisTBAlt'S BkANCH, Ottawa, 17th, Jatttiuy, 1883. f I do hereby certify that the foregoing is a true and correct copy of a certificate purporting to be made under the provisions of the 39th Victoria, Chap. 34, Sections 2 and 3, intituled, *'An Act to amend the 37th Vic, Chap. 51, intituled, 'An Act to au- thorize the incorporation of Boards of Trade in the Dominion,' " for incorporation of " The New Westminster Board of Trade," and recorded in the Registrar's Branch of the Department of the ^ Secretary of State for Canada, on the 17th day of January, 1883 in lib. 28, folio 50. HECTOR L. LANGEVIN, For Secretary of State and Registrar-General of Canada. hCol- ;e cer- wliom ;, with Dodd. nasE. S. linster, blic linsteir, r West- ire that the re- led and ipective ely, and / Westr )S. [Hinster, ] mbia. ..f »8» i correct •ovisions ed, "An ct to au- • • _ > >» ninion, Trade," nt of the ry, 1883, ' Canada. S— ^ 1^ (fe— s The New Westminster Board of Trade is incorporated under the following Acts of Parliament of the Dominion of Canada, viz.: 37-38 Vic, Chap. 51, "An Act to authorize the incorporation of Boards of Trade in the Dominion," assented to 26th May, 18/4 ; and the Act 39; Vic, Chap. 34, "An Act to amend the Act 37 Vic, Chap. 51, intituled 'An Act to authorize the incor- poration of Boards of Trade in the Dominion,' " and assented to 1 2th April, 1876. a— SL 1*^ -@— s 37-38 ^^TTZOTORI-A.- CHAPTER 51. An Act to Authorize Boards of Trade THE Incorporation IN THE Dominion. OF [Assented to 26th May, 1874.] HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : CHAPTER 34, 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," [A^mnted to 12th April, 1876.] WHEREAS it is expedient to make fur* her provi- Prean.».ie. sions for the management and incorporation of Boards of Trade in the Dominion of Canada, and to provide for the incorporation and 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 : m "I. Any number of persons not less than thirty, being New section merchants, traders, brokers, mechanics, manufacturers, g^^J^Jfi"* managers of banks or insurance agents, being residents |^">»*j"" "f of any village, town, city, county, or of any district Trade, (which word "district" is hereby defined to be a district established for judicial purposes by the Legislature of the Province wherein the same is situate) having a popu- lation of not less than two thousand five hundred, may associate themselves together as a Board of Trade, and appoint a Secretary, with all the privileges and powers conferred by, and subject to all the restrictions of this Act." "2. The persons associating themselves together as a in piwe of Board of Trade under this Act shall, under their hands CMtuTcateof and seals, make a certificate specifying the name **'""*"""• assumed by the association, and by which it shall be known, the name as hereinbefore defined, of the village, town, city, county or district in which the same is situate and its business transacted, and the name of the person by them elected Secretary to the said Board of Trade." 12 In place of "3. Such Certificate shall be acknowledged before a oert'iflca^te fiotary pubHc, commissioner appointed for receiving nowi^g^ affidavits, or justice of the peace, by the Secretary of the to bp -ent to said Board of Trade, and shall be forwarded to the state!"'^'^ " Secretary of State, who shall cause the same to be recorded in a register to be kept for that purpose ; and a copy thereof duly certified by the Secretary of State, shall be evidence of the existence of such association." Person!* In- "4 The persons named as corporators in the said to'^K^cer- certificate, and such other persons as may afterwards join tain power*, them, are hereby authorized to carry into effect the objects for which such association was constituted, and to exercise the powers and privileges conferred by this Act ; and they and their associates, successors and assigns, by the name and style specified in the said certificate, shall be deemed a body corporate, with power to sue and be sued, plead and be impleaded, defend and be defended, contract and be contracted with, to make and use a common seal, and change and alter the same at pleasure, to purchase, hold, sell and convey any real or personal estate necessary for the objects of such association ; and the usual place of meeting of said Domicile. Corporation shall be held to be the legal domicile thereof, where service of any notice or process may be made." Officers and "5- The officcrs of such Boards of Trade shall be a President, V.ce-President, and Secretary, v^ho, together with not less than eight other members, shall constitute a Council, to be called "The Council of the Board of Trade of " (adding the name, as hereinbefore defined, of the village, town, city, county or district,) who shall have the powers and First meet, perform the duties hereinafter mentioned ; and v^'^n the ti'on'^f offl!" foregoing provisions have been complied with, it snail be cers, etc. competent for a majority of the persons named as cor- porators in the said certificate, to hold a meeting for the election of a President, Vice-President, and members of the said Council, and to make and enact such by-laws, rules and regulations as are mentioned in the eleventh section of this Act, without the notice required in the proviso to the said section." "6. The members of the aaid corporation shall hold general quarterly meetings in each y^ar, at .some place within its jurisdiction — of which notice, naming the time and place, shall be given by the Secretary of the Council for the time being, at least three days previous to such Council of Board of Trade. "di IS a ._ ;fore a :eiving of the to the to be and a State, ion. le said ds join :ct the ed, and by this (rs and he said \ power nd and ;o make le same my real of such of said thereof, lade." lall be a together institute Joard of (adding re, town, vers and 'V^'^n the snail be as cor- g for the mbers of by-laws, eleventh id in the ;hall hold )me place the time Council to sttch •3 meeting, through one newspaper, or otherwise, as may be thought necessary by the said Council ; and at the first Biection of quarterly meeting to be held in each year, the members Tnd'mem- of the said corporation present, or a majority of them, con„c« shall then and there elect in such way as shall be fixed by the by-laws of the corporation from among the mem- bers of the corporation, one President, one Vice-President, and the Secretary, and not lest than eight other members of the Council, who, with the President, Vice-President, and Secretary, shall form the Council of the said corpor- ation, and shall hold their offices until others shall be elected in their stead, at the next first quarterly meeting of the ensuing year, as aforesaid, or until they shall be removed from office, or shall vacate the same under the provisions of any by-laws of the corporation : Provided p^oyigo ,„ always, that if the said election shall not take place at ewe of fan- such first quarterly meeting as aforesaid, the said corpor- tio*u! ation shall not be thereby dissolved, but such election may be had at any general meeting of the said corporation, to be called in the manner hereinafter provided, and the members of the Council in office shall remain members until the election shall be had." "7- The President and Vice-President shall, before prenWent * entering upon the duties of their office, take and subscribe JJnt't'Jteke the following oath before the mayor of any such town or"*"'"*""*" city as aforesaid, or before any Justice of the Peace : — "I swear that I will faithfully and truly perform myoRthof "duty as of the Board of Trade, and that I °"'^''- "will in all matters connected with the discharge of such "duty, do all things, and such things only, as I shall truly "and conscientiously believe to be adapted to promote "the objects for which the said Board was constituted, "according to the true intent and meaning of the same. "So help me God." "8. If any member of the said Council shall die orvncation of resign his office, or be absent for six months continuously SHrnK*"** from the meetings of the said Council, it shall be lawful ^*;jj=^^*,'" for the said Council at any meeting thereof to elect a member of the said corporation to be a member of the said Council, in the place of the member so dying or resigning, or being absent ; and such new member shall be so elected by a majority of the members of the said Council pre.sent at any meeting of the same, in case there is a quorum pre.sent at such meeting ; and the member i\ "1 I n II Il '■ 14 so elected shall hold oflfice until the next annual election and no longer, unless le-elected." MaJn^ty "9- At any annual or general meeting of the said me*?ti'ng8*of Corporation, whether for the purpose of electing members corpoi-ition of the Council, or for any other purpose, a majority of power.* " members present at such meeting shall be competent to do and perform all acts which, either by this Act or by any by-law of the said corporation, are or shall be directed to be done at any such general meeting." Retirement "lo. Any member of the said corporation intending of members, ^q retire therefrom or resign his membership may, at any time, do so upon giving to the Secretary in writing, ten days' notice of such intention, and discharging any lawful liability which may be standing upon the books of the .said corporation against him at the time of such notice." M.akoration 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." Meetings of "i8. The meetings of the members of the Council Se^open to shall be open to all members of the said corporation who corporation, jy^ay attend at the same, but who shall take no part in any proceedings thereat ; and minutes of the proceedings at all meetings, whether of the said Council or the said corporation, shall be enteied in books to be kept for that purpose by the Secretary of the said corporation ; 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." "19. At the same time and times as are hereby appointed for the election of the said Council, and in the same manner, it shall be lawful for the members of the said corporation to elect from their number twelve persons, 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 KecorU tlie-eof. Board of Ar bitrntion . Powers. "21 subr ther oath I to a| befor awarl of ar partij prov| corpc of Inspc ject tl other! tion z said Libmit e said erein- le said curred ind all J, shall f pay- in the nly be rson is money, f such action of this ction, it )ve that ind was ind that lalty or 5 of the Council ion who part in ceedings )r the kept for )oration ; resident the time »oks shall er of the hereby I, and in ambers of er twelve be called of whom eir award 17 in any commercial case or difference which shall be voluntarily referred to them by the parties concerned ; and whenever any such parties shall agree to bind them- selves, by bond or otherwise, to submit the matter in dispute between them to the decision of the said Board of i^rbitrators, such submission shall be understood 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 con- sideration of any cases so submitted, be appointed to hear, arbitrate and decide upon the case or cases so submitted to them ; and such decision shall be binding upon the said board and the parties making the sub- mission ; and any such submission shall be according toFormofgui. the form set forth in the schedule to this Act, or in words So^,!?" *" to the same effect." "20. The several members of the said Board of Arbi- MemWrH of tration shall, before they act as such, take and subscribe fwora. *" *** before the President or Vice-Pres lent of the said cor- poration, an oath that they will faithfully, impartially and diligently, perform their duties as members of the said Board of Arbitration, and such oath shall be kept among the documents of the said corporation." "21. Any member of the Council of the said corpor- Member, of ation may, at the same time, be a member of the said be artltr?-"^ Board of Arbitration." tors. "22. The three members appointed to hear any case Powers of submitted for arbitration, as aforesc^id, or any two of^'Jo^ximi. them, shall have full power to examine upon oath (which }j*"riL'" oath any one of such three members is hereby empowered cases. to administer) any party or witness who, appearing before them shall be so examined, and shall give their award thereupon in writing ; and their decision, or that of any two of them, given in such award shall bind the Award, parties according to the terms of submission and the provisions of this Act." "23. It shall be lawful for the Council of the said ?»*«"■ »^. . • /• • -rt 1 Council til corporation to appoint five persons to constitute a Board appoint, of Examiners to examine applicants for the office of Inspector of flour and meal, or of any other article sub- ject to inspection, and for the said Council to do all such other acts, matters and things connected with the Inspec- tion of flour and meal or any other article, and have as m |8 full power and be subject to the same conditions as those conferred upon and required of the Councils of the Boards of Trade by virtue of the Act thirty-sixth Vic- 86v,,c. 49. toria, Chapter forty-nine, intituled "An Act to amend st'vTc.T*' "^"<^ consolidate, and to extend to the whole Dominion fwu""'*** "°^ Canada, the Laws respecting the Inspection of certain "staple articles of Canadian produce ;" and the ^aid Examiners and Inspector shall also be subject to all the conditions, requirements, oaths, matters and things (touching their office) set forth in the said Act." Oaths «nd "24. Any person who may, by law in other cases, *"'^'""'""''make a solemn affirmation, may make such .solemn affirmation in any ca.se where by this Act an oath is required ; and any person hereby authorized to administer an oath may, in such case as aforesaid, admini.ster such solemn affirmation ; and any person who shall wilfully swear or affirm falsely in any case where an oath or solemn affirmation is required or authorized by this Act shall be guilty of wilful perjury." BonrrtHof "25. ^t shall be competent for any Board of Trade Jen^^umfer" ^^^Y registered as aforesaid under the provisions of this this Act may Act, to bccomc affiliated with the Dominion Board of Affiliate with .1, Dominion Trade, on duly complying with all the terms and require- ments 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 dele- gates or representatives to the said Dominion Board of Trade shall be elected at a general meeting duly convened, of the said Board desiring such affiliation as aforesaid." Board of Trade. Provigo. Hur Mi^es- ty'i rights •av«d. "26. Nothing in this Act shall affect the rights of Her Majesty, Her Heirs or Successors, or of any party or person whomsoever, such rights only accepted as arc herein expressly mentioned and affected." Act to apply "2^. Each, all and every of the provisions of this Act of o!!i'.'merce shall apply to the incorporation and management of the commercial institutions styled 'Chambers of Commerce' now existing or which hereafter may be called into cxi-stence in the Dominion of Canada, as fully and effectually as if the words 'Chamber of Commerce' or 'Chambers of Commerce' appeared therein in lieu and place of the words 'Board of T ade' or 'Boards of Trade,' wheresoever the .same appear respectively." "VW^f^^ s those of the [h Vic- amend minion certain le %B.\d all the things r cases, solemn oath is -ninister er such wilfully oath or this Act ,f Trade s of this Board of requi re- ed at all may be the dele- Board of ng duly liation as ts of Her party or ;d as arc 19 SCHEDULE. Form of a Submission to the Board of Arbitration. Know all men that the undersigned 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 themselves 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 hereunto set their hands and affixed their seals at the of on the day of , A. D. i8 . A. B. [L.S.] C. D. L.S. E. F. [L.S.] Form of Oath to be taken by Members of the Board of Arbitration. I swear that I will faithfully, impartially and diligently perform my duty as a member of the Board of Arbitration of the Board of Trade of , and that x ^vill, 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 affection, of or for any party or person whomsoever. So help me God. f this Act ;nt of the ommercc' died into fully and imerce* or lieu and of Trade,' I, We at 7 bel Noi Ger Qui helc I son At Pre: She Me< I tilTK Me( hav( I V yeai the tion BY-LAWS. MKETIN(;S. I. The Annual General Meeting of Members oi' the "New Westminster Board of Trade" shall be held on the 22nd February at 7:30 K M. The regular Quarterly Meetings of the Board shall be held on the 22nd February, 22nd May, 22nd August, and 22nd November in each year, and at the time prescribed for the Annual General Meeting. Should the day of Meeting, either Annual or Quarterly, fall on Sunday or a legal holiday the Meeting shall l)e held the following day. QUORUM. II. At any General Me ;ing 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 Chairman). Should a quorum not be formed by 8 P. M. on any occasion the Meeting shall stand adjourned for one day. PLACE OK MEETINCi. 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. ORDER OF BUSINE.SS. IV. Reading Minutes of la.st Meeting. Reports and Communication.s. Elections to fill Vacancies. Nomination and election of new Members. Unfinished business. 'i.scellaneous business. AUDIT. V. At the regular Quarterly Meeting held in November of each year the President shall appoint a Committee of three to audit the books and accounts of the Secretary-Treasurer for presenta- tion at the Annual General Meeting 22 MOTIONS. VI. All Motions, except those for previous question, post- ponement or adjournment, shall be made in writing ; and no debate shall be permitted, except on a motion regularly rioved and seconded ; every motion made in writing shall be read by the proposer in his place previous to offering it to the President. (a). No Member shall speak twice on the same subject except by permission cr by way of explanation. (b). A Member may call for the division on any motion, should any doubt exist as to the ruling of the President. ALTERATION OF BY-7.AWS. VII. Notice to amend any By-Law or to introduce a new one shall be made in writing; a* the regular Quarterly Meeting next previous to the one at which it is intended to be considered. Any such notice as aforesaid must contain in full "the wording of the proposed amendment or addition." SUBSCRIPTIONS. VIII. (a). The Annual Subscription of Members shall be twelve dollars, payable by quarterly instalments of $3.00 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 month, and the Secretary shall notify them to that effect. After thirty days from the date of such notice and posting, their names shall be liable to be removed from the "List of Members." (c). A list of delinquent Members (if any) shall be read at each Qua''teriy Meeting, and their names duly entered on the minutes of said Meeting. ARBITRATIONS. IX. (i). Before any arbitration can be entered upon the parties shall execute a bond of submission as provided by Statu:e here- inbefore expressed. (2). In case of arbitration the Arbitrators shall be selected from the "Board of Arbitration" as follows : Each 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 Arbitr-.tors within three days after the submission of the parties. n, post- and no r rjoved read by resident. t except motion, new one ing next nsidered. wording shall be $3.00 in cil of the € deemed e office of :tary shall he date of e removed e read at ;d on the the parties itu'.e here- 3e selected party shall : drawn by ary of the shall have three days 23 (3), The three Arbitrators shall sit together unless the parties shall consent to the matter 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 binding on both parties. (5). The fees for Arbitration shall be as follows : — (a). For every meeting where the cause is not proceeded with, but an enlargement or postponement is made at the request of either party, not less than $ 2 00 Nor more than 4 (X) (b). For ever/ day's sitting, to consist of not less than six hours, not less than $ 5 00 Nor more thai 10 00 (c). For every sitting not extending to six hours (fractional parts of hours being excluded) where the arbitration is actually proceeded with, for each — for each hour occu- pied in such proceed 'ngs, at the rate of not less than $ 1 00 Nor more than 1 50 Vide British Columbia Statutes 1879, 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 fine of $5 for each and every day on which he neglects to attend such arbitration unless relieved by the Council. All fines inflicted as aforesaid to form part of the revenue of the Board of Trade. PROXIES. X. (i). At all meetings of the Board no member shall be entitled to vote who has not paid 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. KX PULSION OF MEMBERS. XI. (i). Any member who is declared an insolvent shall there- by be considered as retiring from the Board but shall be entitled to be nominated for re-election at any time. 24 (2). Any member can be expelled by the vote of three-fourths (^ths) of the members present at any meeting 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. ENTRANCE FEES. XII. On and after the first day of September of the current year, 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 PORT. RATES OF COMMISSION. XIII. Whenever no special agreement exists, the following shall be collectable : — I. On purchase of stocks, bonds, and all kinds of securi- ties, including the drawing of bills for payment of the same 2 ^ per cent. On sale of stocks, bonds, and all kinds of securities, including remittances n bills and guarantee. .2^ per cent. On purchase and sale of specie, gold-dust, and bul- lion I per cent. On sale of bills of exchange, with endorse- ment 3 ^ per cent. On sale of bills of exchange, without endorse- ment I per cent. For endorsing bills of exchange, when desired .2^ per cent. 6, 7 8. 9- 10. 11. On sale of produce, &c., from California, Oregon, Washington Territory, Sandwich Island ports, and other Pacific Coast ports, with guarantee y]/2 percent. On sale of merchandise from other ports, with guar- antee 10 per cent. On goods received jn consignment, and afterwards withdrawn t,]4 percent. On purchase and shipment of merchandise, with funds on hand, on co.st and charges 5 per cent. On purchase, and shipment of merchandise without funds, on cost and charges 7^ per cent. 21. 22. 2^. 24. 25- 26. 27' 28. 25 12. For collecting and remitting delayed or litigated ac- counts lo per cent. 13. For collecting freight by vessels from foreign ports, on amount collected 5 per cent. 14. For collecting general claims .... 5 per cent 1 5. For collecting general average — on the first $20,000 or any smaller amount 5 per cent. 16. For collecting gen'^ral average — on any excess over $20,000 2^ per cent. 17. On purchase or sale of vessels 5 per cent. 18. For "Port Agency" to vessels with caigo or passengers from foreign ports, as under : On vessels under 200 tons register $ 50.00 On do of 200 to 300 tons do 100.00 On do of 300 to 500 tons do 1 50.00 On do over 500 tons 200.00 19. For disbursements of vessels by consignees with funds on hand 2^ per cent. 20. For disbursements of vessels by consignees without funds on hand 5 per cent. 21. For procuring freight or passengers 5 per cent. 22. For chartering vessels, on amount of freight, actual or estimated, to be considered as due when the "Charter Parties" or memorandum of their conditions, &c., are signed 5 per cent. 23. On giving Bonds for vessels under attachment in liti- gated cases, on amount of the liability 2^ per cent. 24. For landing and rcshipping goods from vessels in dis- tress, on invoice value, or in its absence, on market value 5 per cent. 25. For receiving and forwarding goods, — on invoice amount 2'^ per cent. 26. For advancing on freight to be earned 5 per cent. 27. For effecting marine insurance, — on the amount in- sured ^ per cent. 28. The foregoing Commissions to be exclusive of Brokerage, and every charge actually incurred. ill m Mil ■f'l 26 29- Vessels to pay clerk hire and the labor on wharf, sorting;- and delivering cargo. 30. The receipt of Bills of Lading to be considered equivalent to receipt 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 2,240 lt)s. 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, &c.: 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 de- livery of the goods. (c.) After delivery to the purchaser of goods sold no claims for damage, deficiency, or other cause, shall be admissable after goods sold and delivered have once left the city. . (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 required, or its equivalent given, — the rate to be de- termined by the current value at the time at the banks. 2. othel his and isterl pens] ofificrt Wnr- notified and requested by any of the parties interested, quest'lo'^*^' to proceed in person on board of any ve.s.sel for the pur- ^'^"'"'"'^ i it hit wr-m^^^tmmmmm i 28 pose of examining the condition and stowage of her and note the * 1 •/• H8iii-iii)!: ,, , , - 111 vessniN bv the value and measurement of any vessel, when the same *'""^"'''*" is in dispute or otherwise needed, and shall record the same in the books of his oflfice. Dntyofanc- 1 3. It shall be the duty of cvcry auctlonccr making a itiKcn- '^ sale of any vessel condemned, or ship's materials, or BeT/'maferl goods damaged on board a ship or vessel, whether sea- laiicrgoodH. going or of inland navigation, sold for benefit of under- writers 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 urderwriters' sale shall take place until after at least two days' public advertisement or no- tice, and such sale shall not be at an hour earlier than eleven, nor later than three o'clock in the day. Port warden to arbitiatu between miii'ter and consignee, 14. It shall be the duty of the Port Warden, when required in writing by all parties in interest, to hear and arbitrate upon any difficulty or matter in dispute be- tween the master or consignee of any vessel, and any proprietor, shipper or consignee of the cargo, and to keep a record thereof. saieofdam- I c. No goods, vcsscls or Other propertv at a place AfctH) vesflf Is <« 11*' 1 01 gooiiB on where there is a Port Warden, shall be sold as damaged Sr"*"' for account of underwriters, unless a regular survey and writerB. condemnation has previously been had, and the Port Warden shall in all such cases be one of the surveyors. Notice by ^^- Bcforc proceeding to act in any case in the per- Port Warden formance of his duties, the Port Warden shall give rea- sonable notice, where practicable, to all parties interested or concerned in the case. 2- of tri all amol shall i Cus- whose el, and sea or tate in will be master s have 5i^neg- notify :e may ditions ited by stimate le same :ord the aking a :rials, or her sea- under- )r which t of the ;n days ke plaqe It or no- ier than 2n, when fiear and pute be- and any i to keep a place damaged rvey and the Port veyors. 1 the per- give rea- nterested 3> 17. All notices, requests, or requirements to, or from And to him. th'e Port Warden, must be given in writing, and a rea- sonable time before action is required. 18. The Port Warden may, in anv' case where he ''°'"* y*r!*'* .,.,.., , ^ . . . ,. , »my Initiate thinks It right and necessary, mitiate proceedmgs, and pnK:e.idiug«. 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 ST'/^ ^°'* c 1 • \ 1 1111 I , 1 Wuidon. of this Act, such provision shall always be understood to apply to any Deputy Port Warden, if there is such. 19. On the demand of any party interested, the Port |'„"J* J^"^^*" Warden shall furnish certificates in writing, under his copie* ..r hand, of any matters of record in his office ; he shall also ac , in h\» furnish, when required, copies of any entries in his books °""' or documents filed in his office, upon payment of a rea- .sonable compensation. 20. On application, the Port Warden shall supply, to And conies any master of a vessel arriving in the harbour, a copy of t',n!,*"f'; the regulations relating to the office of Port Warden harbonr. once in each year. 21. In all matters regarding surveys, and other mat- to conform ters concerning the value, state, or classification of J?,^*^,"'"' vessels and like subjects, the Port Warden shall conform Lloyd's. to, and be governed by, the regulations of Lloyd's, so far as they are applicable to the circumstances of the case. 22. Should any dispute arise between the Port War- Dispute. with Port den and any party interested in any case where his warden to presence has been required, either party may appeal to fly troHrd*of the council of the board of trade or chamber of com- ''■'"^*- merce, where there is one, and it shall be the duty of the Secretary of such board or chamber, on a requisition being presented to him to that effect, to summon forth- with 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 determination or that of a majority of them, made in writing, shall be final and conclusive. 23. The party against whom the council of the board costs in such of trade or chamber of commerce shall decide shall pay '''"*• all the expenses, and the council shall determine the amount of fees or charges payable in each case, which .shall never exceed twenty dollars. 156444 Ttlflcntp* III Port Wiir' (1(111 to ll« nvidviiee. Mixlmiim rate8. 32 24. All certificates issued under the hand of the Port Warden or his deputy, and sealed with the seal of his office, referring to matters recorded in his books, shall be received as prima facie evidence of the existence and contents of such record, in any court in Canada. T«rifrof ftM 25. The council of the board of trade or chamber of i><\rt\v'nnV!n co"^ fierce, if there is one, may, from time to time, estab- {)" 'im'T'^r '*^^ ^ tariff of fees to be paid to the Port Warden for ser- tnuieor viccs performed by him and his deputies, by the masters comicn. " '" or owners of sea-going vessels, and by others in respect of whom the duties of the said Port Warden are required to be performed,— which tariff, being first approved by the Gow rnor in Council, shall be enforced until repealed or altered by the said Governor in Council, or by the said council of the board of trade or chamber of com- merce, 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 certificate thereof by the Port Warden and his assistant, of the hatches and cargo of any vessel, or of the hull, spars and rigging thereof, Surveyor ^^ ^^^ survcy of damaged goods, a fee, including the j»«i;ei. <|«m. certificate thereof, not exceeding eight dollars each, and such further sum, not exceeding five dollars, as may be payable to shipwrights or other skilled persons employed by him: 2. For every valuation of a vessel for average, and every inspection 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: nearinj? mid 3- F^r hearing and settling disputes of which the frnVii"'^ ••'* 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 according 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 proceeding, certificates and copies, may be altered and apportioned, and the particular ser- tradeor yicc distinguished, and the fee therefor assigned, and the Couucn * ° person by whom the same shall be paid, may be indicated in such a way as the council of the board of trade or A'Xed goods, etc. Vnluation and iiiHpt'c- tioii of ves- 8al. {lUtes. Ratpg mar be BlitToii, etc., by board of vesi der ofti lad^ to thai cor witl ic Port of his s, shall ice and nber of , estab- for ser- -nasters respect equired )vcd by cpealcd by the )f com- il of the )oard of Council Eced the f by the \d cargo thereof, ding the ach, and may be mployed •age, and fee to be sssel, but hich the , and for f trade or according ipute, but ;nding the nd copies, icular ser- d, and the ; indicated f trade or 33 chamber of commerce may from time to time appoint ; and all rates and fees so established shall be subject to the approval of the Governor in Council, who shall have power from time to time to disallow or modify and alter such fees and rates. 26. The penalty for any and every infraction or Pennitics for breach of the ninth or of the eleventh section of this Act, t'io,|™7" shall be the sum of eight hundred dollars ; and for every 'i «ntii3. infraction or breach of the thirteenth section of this Act, RnTnppn.. the sum of twenty dollars ; and any and every such pen- '" '"""""'• alty as aforesaid shall be recoverable in the manner pre- scribed by the Interpretation Act, in cases where pen- alties 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 over to the Receiver General, by the officer or person receiving it, and shall be appropriated in such manner as the Governer in Council may direct. 27. The Port Warden shall have such other and fur- ther duties as may be assigned to him from time to time by any regulations made by order of the Governor in Council ; and the council of the board of trade or chamber of commerce may, from time to time, make such sugges- tions to the Governor as they may deem expedient, with respect to and such other and further duties, or any modification of the duties hereinbefore assigned to the Port Warden for the harbour ; and such other and further duties may be assigned or such modification made, by Order in Council accordingly: any such Order in Council may be 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 clearance any vessel wholly or partly loaded with grain, for the granted' to purpose of enabling her to leave the harbour for any port ^^'y. *,"'*"^' not within the limits of inland navigation, nor within the grain "I'1«m Dominion of Canada, unless nor until the master of such mentsoftiirii vessel produces to him a certificate from the Port War- beencom- den or his deputy, to the effect that all the requirements p"«d *''"'• 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 c omplied with, if such vessel be wholly or partly laden with grain, otherwise than wholly or partly in bulk, and Further du- ties iif Port Wiirdon un- der reguU- tlim of Oovernor in Ouuuoll. 34 if the vessel wholly or partly loaded with grain attempts to leave the harbour for any port not within the limits of inland navigation, nor within the Dominion of Canada, without a clearance, any officer of Customs, or any per- son acting under the direction of the Minister of Marine and Fisheries, or the chief officer of the River Police, may detain such vessel until such certificate is produced to him. 29. The expression "the harbour" in this Act, means the harbour for which the Port Warden is appointed ; the expression "the board of trade or chamber of com- merce" means the board of trade or chamber of com- merce for the city or town or place adjoining the harbour for which the Port Warden is appointed. •hort title. 30. This Act may be cited as "The General Port Wardens' Act. 1874." InterpretH- tlon. Wherea.s, by an Order in Council of the 8th March, 1875, the ports of Victoria and Esquimalt, in British Columbia, are deter- mined as ports to which the provisions of the Act 37 Vic, chap. 32, providing for the appointment of Port Wardens shall apply; and whereas under the 25th section of the said Act the Governor- General in Council did on the 26th April, 1876, establish a tariff of fees to be paid to the Port Warden for services performed by him and his deputies by the masters and owners of sea-going vessels, and by o hers in respect of whom the duties of the said Port Warden arc ; aquired to be performed, that is to say: — Vide Orders in Coiinc-i, 40 Vic, pp. LXXVI, {76) 1877. And whereas the "New Westminster Board of Trade" has been incorporated in manner hereinbefore described, said Board of Trade does hereby (subject to ratification of Governor-General in Council and under the authority of the 25th section aforesaid) make the following tariff of fees for said Port Warden: — TARIFF OF FEP:S COLLECTIBLE. 1. First survey of hatches with certificate under seal. . .$ 5.00 2. Every subsequent survey of cargo with certificate under seal 2.00 3. Survey of cargo where hatches have not been pre- viously surveyed, including certificate under seal. . . 5.00 4. Every survey of damaged goods on the wharf, or in .store, value under $200, and certificate under seal . . . 3.CX) ^7\ 18. cmpts nits of anada, ly per- ^arine Police, Dduced means )inted ; f com- r com- larbour •al Port ^75, the e deter- c, chap. 1 apply; Dvernor- i a tariff rmed by ;a-going the said ,:_Vide has been 3oard of eneral in [foresaid) ,..$ 5-00 ite 2.00 re- 35 5. Every survey of damaged goods on the wharf, or in store, value $200 and under $5CX), and certificate under seal - 4.00 6. Every survey of damaged goods on the wharf, or in store, value $500 and over, and certificate under seal 5.00 7. Survey of vessel damaged or arriving in distress, in- cluding certificate under seal 10,00 8. Every subsequent survey, with certificate under seal.. 5.00 9. Valuation of a vessel for average, under 200 tons register, including certificate under seal 5.00 :o. Valuation of a vessel for average of 200 tons and under 500 tons, with certificate under seal 7.50 1 1. Valuation of a vessel for average of 500 tons and upwards, with certificate under seal 10.00 12. Survey of cargo reported to have shifted, including- certificate under seal 5.00 1 3. Extra copy of certificate, when required, and under seal j.oo 14. Hearing and settling disputes between master and consignee of ship and owners of cargo the Port . Warden shall be entitled to demand and receive: — Value of cargo under $200 2.00 do do |200 to $500 3.00 do do $500" to $1000 4.00 do do $1000 and over 5.00 1 5. Filing papers of auctioneers, &c., each 25 16. Ascertaining if vessel is seaworthy, including certifi- cate under seal 10.60 17. Survey, that repairs ordered, if not seaworthy, have been made, inclusive of certificate under seal: — 200 tons and under 3.00 Over 200 tons 5.00 18. General superintendence of a vessel loading, with certificate under seal 5.00 .. 500 m . . . 3-00 XVII 36 HARBOUR MASTER. ' RULES AND FEES. Vide Act 36 Vic, chap. 9, a«-aented to 3rd May, 1873. do 37 Vic, chap. 34, . do 26th May, 1874. do 38 Vic, chap. 30, do 8th April, 1875. The Board of Trade having no control under this head the Acts as amended are consolidated for the information and gen- eral guidance of members. HARBOUR MASTERS' ACTS CONSOLIDATED. An Act to provide for the appointment of Har- bour Masters for certain Ports in the Prov- inces OF Quebec, Ontario, British Columbia, and Prince Edward Island. [AuMfnfed to 26th May, 1874.] AND Preamble Interpreta- tion. An Act to amend the Acts thirty-sixth Victoria, Chapter nine, and thirty-seventh Victoria, Chapter, thirty-four, respecting the appoint- ment OF Harbour Masters. [Absented to 8th A jn-il, 1876.] HER MAJESTY, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: — I. In the construction, and for the purposes of this Act (if not inconsistent with the context or subject mat- ter), the following terms shall have the respective mean- ings hereinafter assigned to then, that is to say: — "Ship" shall include every dijscription of vessel used in navigation not propelled by oars; "Master" shall include every person (except a pilot) having command or charge of a ship; "Harbor Master" shall mean a Harbour Master ap- pointed under this Act; "Port" shall .Tiean a port to which this Act applies. twe that pen a tion ev.; oy t 6. furni the lice;i copi( chart! 7 / ' any rules! undel :ad the id gen- \TED. F Har- : Prov- LUMBIA, ICTORIA, ICTORIA, PPOINT- 1 consent la, enacts s of this >ject mat- ive mean- essel used 3t a pilot) blaster ap- ipplies. 37 2. The Governor may, from time to time, appoint a Governor fit and proper person to be Harbour Master for any port HMbSr**" "* in any of the Provinces of Quebec, Ontario, British Col- *^**'*"- umbia or Prince Edward Island, to which this Act applies. 3. Eve ry Harbour Master appointed under this Act ^,JJ,^'|*'^'^-^ shall be under the control of the Minister of Marine and I'ourMaHtere Fisheries, to whom he shall furnish a report in writing ofM^inl" and on oath, as soon as possible after the thirty-first day *'• of December in each year, of his doings in office, and of the fees of office received by him during such year. 4. The rights, powers and duties of the Harboui *'««"'«"""• Master for any port shall be such as may from time to n Cuunou" time be i":onferred and imposed upon him by rules and regulations made by the Governor in Council for the go\^ernmont 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 hereby author- ized and empowered to maWe, and from time to time to alter, amend or repeal ; and any such rules and regula- tions may be so made to apply to any one or mc-e ports to which this Act then applies, or may be afterwards extended by order in Council to any such port. 5. The Governor in Council may in and by any rulej^'^^j'^'^^g^l or regulation made under the next preceding section, pen 'i"*"^- impose any reasonable penalty, not exceeding in any case on- 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 dollmc for every twelve hours during which such breach continues, but so that no such rule or regulation shall impose a minimum penalty; and every breach of any such rule or regula- tion sh<*il be deemed a contravention of this Act, and ev.y such penalty shall be held to be a penalty imposed oy this Act. 6. The Harbour Master for any such port shall ^PjiThed tJ furnish copies of the rules and regulations made under P'^oti. the next preceding section, and then in force, to every licensed pilot of the port, who shall give one of such copies to the master of every ship which he shall take in charge. 7. It shall be the duty of the Harbour Master of Prosecution* any s'ich port to prosecute every person violating any uon."^'"*" rules or regulations made by tlie Governo.* in Council under this Act. ■anmniM ■Mm 38 " 8. The Harbour Master ;br any port shall be re- munerated for his services solely by the fees hereinafter mentioned, or such portion thereof as he may, from time to time, be authorized to retain by the rules and regula- tions 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 a-, 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, fifty cents ; For every ship over fifty tons ani -^v^a tr one hun- dred tons register, one dollar ; For every ship over 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 an ' P^t :«ver seven hundred tons, four dollars ; |:, V v^' For every ship over seven hundred tons regii> tV/e dollars ; And such fees shall also be payable for ships with cargo and steamers passing throiigh or arriving 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 Har- bour Master at each of the said harbours." snisry, how 9. The Salary or remuneration of each li '«.,;h Mas- ""'^" ter, appointed under this Act, shall be, irom t'lae to time, fixed by Order of the Gov?»":?or in Council, but shall not exceed six hundred loilars, ;^nd shall be Fubject to the provisions hereinafter made Balance to lo. The Harbour Master of each port shall pay over be pad over .^^ ^qq^i as posslblc after the thirty-first day of December ^3\ any Act, wher shall I there Hart be re- nafter 1 time egula- fourth ships :s, and arging ■, there :r, fifty le hun- lot over nts; lot over not over merits ; not over '.rtV;e lips with ng at the Lachine, lay, from ) be Har- u:\xt rAas- ic to time, : shall not ect to the 1 pay over Decemt)er 39 in each year to the Receiver-General, to form part of the J,;^,^^''' *''^' Consolidated Revenue Fund, towards making good any sums which may be appropriated by Parliament, for the payment of expenses in connection with the oflfice of Harbour Master and for the improvement of the harbour of the port for which he is appointed, all moneys re- ceived by him for fees under this Act during such year, after deducting therefrom the sum allowed him as afore- said for his own remuneration ; and if the moneys re- ceived by him for fees in any year amount to a less sum than is so allowed him, then such less sum shall be his remuneration for thiiL year. "II. Such fees as aforesaid shall not be payable for any ship more than twice in each calendar year (that is, the year commencing on the first day of January and end- ing on the last of December,) whatever be the number of ports or harbours at which she may arrive or pass through, or the number of times of her so arriving or passing through them, or any of them ; such fees shall be payable by the master of the ship to the Harbour Master, imme- diately on her entering or arriving ft the first and second ports or harbours where there is a Harbour Master, and the collector or principal officer of customs thereat shall not grant any clearance, transire or let-pass to any ship on which they are payable, until the master thereof pro- duces to hii"n a certificate of the payment of such fees, or certificates of the payment of fees under this Act twice within the then present year." 12. The Harbour Master of each port shall keep a ^°"j^*"jj^_ book in which he shall enter from day to day the name ix'ur Master, of every ship not exempt from the payment of fees must^how. under uh Act, entering such port, the name of her master, .. -egistered tonnage, the date of her entering the port and the .snm, if any. received by him for his fee on her entering, under this Act ; and such book shall be at all times, during office hours, open and free .'or inspection by any person, on demand, without fee or reward. « 13. The povvers and duties of the Harbour Master of^fS'^i^*"' any port appointed under any authority other than this Mast* rap- Act, shall cea.se to be exercised by him, from the time §er°a^"or. when the Harbour Master appointed under this Act •""''i*^ *° 1 >iiii cease on ap- shall come mto office at such port, and shall then andi'o'ntm»ntof thereafter become and be vested in such last mentioned thTs Act ^: Harbour Master and his successors in office, in so far pot""* 40 and in 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 re- specting such poit, may be continu'id to judgment and execution as if this Act had not been passed ; but all fees and all powers, duties, rules, regulations or provisions of law inconsistent with this Act, or any rule or regulation made under it, by whatsoever authority they may have been given, imposed or made, shall cease, and be of no effect by virtue of such appoir/ment under this Act. Towi. 14. The foregoing provisions of this Act shall apply and^ports to the Provinces of Quebec, Ontario, British Columbia, the forego- ^"^ Frincc Edward Island only, and to such ports, and ions'rt'ai'r ^^^^ ports Only, in either of the said Provinces, as shall, apply. I'uit- from time to time, be designated for that purpose by excepted. Proclamation, under an Order or Orders of the Governor in Council, except only the ports of Quebec and Mon- treal, in the Province of Quebec, and of Toronto, in the Province of Ontario, to which the said provisions shall not apply. 1 5. It shall be the duty of each Harbour Master ap- pointed, either under the Act firstly mentioned or the ^ct 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 wifh such port or harbour as he may be directed to perform by the Minis- ter 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 Acts as hereby amended. 16. The penalty imposed by any rule or regulation made by the Governor in Council, under the fourth sec- tion of either of the said Acts, and incurred by any breach or continuing breach of such rule or regulation, may be recovered by sumnvary proceeding and conviction before any Justice of the Peace having jurisdiction in the place where such breach 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 Harbour Master or other person ; and payment thereof may be enforced in the manner by the said Act provided ; and one moiety of as a ploy of plac ing in tl Fl (regl t with ; and red or on re- nt and ill fees ions of Illation y have : of no ct. 1 apply lumbia, rtb, and IS shall, pose by overnor d Mon- ), in the ins shall ister ap- d or the end the the port )rm such 1 port or e Minis- )fficer, or lout any )wed him said Acts egulation )urth sec- ny breach 1, may be oa before the place led, under le Peace, :tions and Master or nforced in moiety of 41 such 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. RULES AND REGULATIONS FOR THE GOVERN- MENT OF CERTAIN PORTS In the Provinces of Nova Scotia, New Brunswick, Quebec, Ontario, British Columbia, and Prince Edward Island, To which the Acts 36 Vic. Chap. 9, and 37 Vic, Chap. 34, ap- ply; and for the government of the office of Har- bour 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 pro- claimed by an Order of the Governor in Council under the pro- visic"^'^ of the above named Acts, intituled respectively, "An Act "to pro.ide 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 Provin es of Quebec, Ontario, British Col- " umbia, and Prince Edward Island," unless and until other Rules and Regulations be authorized in such Order or subsenuent 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 (reg- istered tonnage) and upwards which shall arrive within the raid 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 shall be assigned to her by the following Regulations. And it shall be lawful for such Harbour Master to ask, demand and receive, as a compensation for his services (vessels belonging to or em- ployed 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, excepted) accord- ing 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. PROV NCJAC LIBRARY VICTORIA, B. C 42 For every ship of 80 tons, but not more than 200 tons, (regis- tered tonnage), $1.00. For every ship of more than 200 tons, but not more than 300 tons, (registered tonnage), $2.00. For every ship 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 III. — In case of any dispute arising between masters, owners or other persons engaged in hauling ships or vessels in or out of any of the docks or wharves, it shall be the duty 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 or 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 IV. — If any ship or vessel arriving and anchoring, or be- ing moored or fastened to any wharf or vessel in the harbour 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 deputy is here- by ^.uthorized and required to forthwith order and direct the situ- ation of such ship or vessel so arriving and anchored, moored or fastened as aforesaid, to be altered in such a manner as to prevent such 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 the Harbour Master or his deputy in this respect, under the penalty of twenty dollars for each and every offer. . Rule V. — Any person or persons who may moor or fasten to, or in any manner injure, alter 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 happen 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 Master to employ a sufficient number of hands to effect such removal, and to remove or assist in removing such vessel as required or as may be neces- sary — and that at the expense of such vessel. Rule VII. — The Harbour master shall have power to order the removal of any scow, boat or 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, failing to make such removal in one h( ar after being notified so to do, shall forfeit and pay a sum not exceeding $10, nor less than R\ thedj stonej char£ unde* Rl kind from mam anypi beio\ thepc the^ boat I have this U regis- n 300 n 400 asters, > in or of the e may • other essels, or his ars for , or be- ar shall y other floored is here- lie situ- lored or prevent person e orders respect, fen . isten to, c buoys, es being 3r vessel dered, it mploy a remove )e neces- to order mloaded, mooring ; thereof, e thereof, otified so less than 43 $5, and after one hour shall have elapsed the Harbour Master shall have power to rrake the removal and charge the person notified for so doing. Rule VIII. — Whenever the Harbour Master shall find ship« 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-compliance, all accidents to the same shall be at the risk of the persons so offending. Rule IX. — No vessel shall be left without some person to take care of her, by night and by 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 loading or discharging in the stream, coals, ballast and such like materials, shall have a suf- ficient piece of canvass or tarpaulin so placed as to prevent any portion thereof from falling into the harbour, under the penalty of $20 for each and eveiy ofiCence, 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 en- trance 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 person 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, dis- charged, deposited, thrown or laid before sunrise or after sunset, 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, discharged, deposited, thrown or laid, either from any vessel, boat, scow or other such craft, or in any other manner, or by any pers,on, from any part of the beach or shore into any part of the harbour, or upon the beach or shore thereof, either below low water mark, or between high and low water mark, under the penalty of forty dollars for each and every offence, to be paid by the owner or owners, master or person having charge of any vessel, boat or scow, or other craft from which such matter as aforesaid shall have been discharged, or by any other person or persons violating this law. -^^f^snmimfm&mwmtm 44 Rule XV. — Any person or persons who shall or may hinder, oppose, molest or obstruct the Harbour Master, his deputy or any of his assistants in the discharge of his or their duty, shall, on conviction, pay a penalty of forty dollars for each and everj' offence. Rule XVI. — The penalty 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 which no penalty is hereinbefore prescribed, shall be twenty dollars, to be imposed upon the owner or person in charge of the ship or vessel not conforming to the particular requirements. Privy Council Chamber, Ottawa, 3rd 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. W. A. HIMSWORTH, Clerk Privy Council. xvni. WHARVES. I. The proprietor or occupants of any wharf shall be en- titled to the inside berth up to the line of his or their property. n. The proprietor or occupant of the adjoining property may "overlap" by using the outer berth, or may use the inner berth if not required. ni. Net more than two vessels shall be allowed to lie abreast of any wharf at the same time unless they can do so without oc- cupying a greater depth (or space) than 60 feet from the water front The foregoing By-Laws, Rules and Regulations were submit- ted to and approved by the members present at the Quarterly General Meeting held on the 22d February, and finally adopted at an adjourned General meeting on the 28th February, A. D. 1883. The Acts of Canada as printed also endorsed. EBENEZER BROWN, President. JAMES CUNNINGHAM, Vice-President. ■- - WSt& THOMAS J. TRAPP, Secretary. New Westminster, B. C, 2 h February, 1883. linder, or any all, on ffence. ling to ders or to any ihall be charge iments. 874. to and >uncil, uncil. be en- perty. property he inner 3 abreast thout oc- ;he water s submit- quarterly ' adopted try, A. D. President.