IMAGE EVALUATION TEST TARGET (MT-3) V, /. {/ /. 4^ ^ t 1.0 1.1 11.25 ■^|2£ 12.5 ^ Uii 122 £? 144 "" S lis 1^ 1- u m U llllli.6 — 6" r' Photographic Sciences Corporation 33 WIST MAIN STRUT WIBSTIR.N.Y. MStO (716) •77-4503 A ^v .' CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques ^ Tachnical and Bibliographic Notaa/Notat tachniquaa at bibiiographiquaa Tha Inatituta haa attamptad to obtain tha baat original copy availabia for filming. Faaturaa of thia copy which may ba bibllographlcaily unlqua, which may altar any of tha Imagaa in tha raproduction, or which may aigniflcantly changa tha uaual mathod of filming, ara chackad baiow. Coiourad covara/ Couvartura da coulaur I I Covara damagad/ D D D D D Couvartura andommagAa Covara raatorad and/or laminatad/ Couvartura raataurAa at/ou paliicuMa □ Covar titia miaaing/ La titra da couvartura manqua iourad mapa/ Cartas gAographiquat an coulaur I I Coiourad maps/ □ Colourad ink (i.a. othar than blua or black)/ Encra da coulaur (i.a. autra qua blaua ou noira) I I Colourad platas and/or illuatrationa/ Planchaa at/ou illustrationa an coulaur Bound with othar matarial/ RaliA avac d'autras documanta Tight binding may causa shadows or distortion along intarior margin/ La raliura sarrie paut causar da I'ombra ou da la distortion la long da la marga IntAriaura Blank iaavas addad during rastoration may appaar within tha taxt. Whanavar possibia, thasa hava baan omittad from filming/ II sa paut qua cartalnas pagas blanchas ajout^aa lors d'una rastauration apparaissant dans la taxta, mais, lorsqua cala itait possibia, cas pagaa n'ont pas «t« filmAas. Additional commants:/ Commantairas supplimantairas: L'Institut a microfilm* la maillaur axamplaira qu'il lui a At* poaaibia Ja aa procurar. Laa dAtaiis da cat axamplaira qui sont paut-Atra uniquaa du point da vua bibliographiqua, qui pauvant modiflar una imaga raproduit j, ou qui pauvant axlgar una modification dana la mAthoda normala da fllmaga sont indiquAs ci-dassous. r~~| Colourad pagaa/ D Thia itam is filmad at tha raduction ratio chackad baiow/ Ca document ast film* au taux da reduction Indiqu* cl-dassous. Pagaa da coulaur Pagea damagad/ Pagaa andommagAaa Pagas rastorad and/oi Pagaa rastaurAas at/ou palliculAas Pagaa discolourad, stainad or foxai Pagaa dAcolorAas, tachatiaa ou piquiaa Pagas datachad/ Pagas dAtachAas Showthroughy Tranaparanca Quality of prir Qualit6 InAgala 6% I'lmprassion Includas supplamantary matarii Comprand du material supplAmantaira Only adition availabia/ Saula Mition diaponibia r~| Pagea damagad/ I — I Pagas rastorad and/or laminatad/ I — I Pagaa discolourad, stainad or foxad/ I I Pagas datachad/ j I Showthrough/ I I Quality of print variaa/ I I Includas supplamantary matarial/ [~n Only adition availabia/ P t s o fi s o Pagas wholly or particlly obacurad by arrata •lips, tissuas, ate, hava baan rafilmad to ansura tha bast possibia imaga/ Las pagas totalamant ou partiallamant obscurcias par un fiuiilat d'arrata, una palura, ate, ont At* filmAas A nouvaau da fa9on A obtanir la maillaura imaga possibia. T si Ti Ml a bi rll ra m 10X 14X 18X 22X 2SX 30X y 12X 16X 20X 24X 28X 32X tails du Ddifiar una maga rrata o >alura, I* 3 32X Tha copy filmad hara has baan raproducad thanks to tha ganarosity of: Library Division Provincial Archives of British Columbia Tha imagas appaaring hara ara tha bast quality possibia considaring tha condition and lagibility of tha original copy and in kaaping with tha filming contract spacifications. Original copias in printad papar covars ara filmad baginning with tha front covar and anding on tha last paga with a printad or illustratad impres- sion, or tha back covar whan approprlata. All othar original copias ara filmad baginning on tha first paga with a printad or illustratad impres- sion, and anding on tha last paga with a printad or illustratad impression. Tha last recorded freme on each microfiche shall contain the symbol -^ (meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the uppar left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: 1 2 3 L'exemplaira film* fut reproduit grAce A la gAnArosIt* da: Library Division Provincial Archives of British Columbia Lea imagas suivantas ont At* reproduites avac la plus grand soin. compta tenu da la condition at da la nattetA da l'exemplaira film*, at an conformit* avac las conditions du contrat da filmaga. Les exemplairas originaux dont la couvarture •n papier est imi;>rim*e sont fiimAs en commen^ant par la premier plat at an tarminant soit par la darnlAre paga qui comporte une empreinte d'impression ou d'illustration. soit par I'l second plat, salon la cas. Tous les f^utres exemk.:-^ires originaux sont filmAs en commenpant par la pramiAre page qui comporte une empreintit d'impression ou d'illustration at en tormina nt par la derniAre page qui comporte une telle empreinte. Un des symboles suivants apparaitrd sur la derniAre image de cheque microf/che, selon le cas: le symbols — «»> signifie "A SUIVRE ", le symbols V signifie "FIN ". Les cartes, planches, tableaux, etc., peuvent Atre filmAs A des taux de rAduction diffArents. Lorsque le document est trop grand pour Atre reproduit en un seul clichA, ii est filmA A partir de I'angle supArieur gauche, de gauche A droite. et de haut en bas, en prenant le nombre d'images nAcessaire. Les diagrammes suivants illustrent la mAthode. 1 2 3 4 5 6 Act of Incorporation AND I ' BY-LAWS OF THE VANCOUVER * BOARDS TRADE VANCOUVER, B. C. 1887. Adopted and Confirmed at the Meetings on ' 23RD AND 25TH November, 1887. 3635 VANCOUVER : HERALD PRINTING AND PUBLISHING CO., LD. 1888. :r 889 -3 832 ■■ OFFICERS. 1887-1888. DAVID OPPENHEIMER, - THOMAS DUNN, - - - . JOHN DEVINE, ------ COUNCIL. (8) R. H. ALEXANDER E. V. BODWELL. J. C KEITH. F. C. COTTON. R. CLARK. H. T, CEPERLEY. J. M. CLUTE. C. TAYLOR. - President. Vice-Ppesident. Secretary. ARBITRATION BOARD. R. H. ALEXANDER. E. V. BODWELL. J. C. KEITH. F. C. COTTON. R. CLARK. H. T. CEPERLEY. J. M. CLUTE. C. TAYLOR. A. G. FERGUSON. J. B. HENDERSON. F. X. MARTIN. J. LEAMY. V LIST OF MEMBERS. E. V. BODWELL. R. CLARK. D. OPPENHEIMER. JNO. J. COWDEROY. F. X. MARTIN. THOS. DUNN. C. TAYLOR. JNO. B. HENDERSON. H. T. CEPERLEY. R. MATIHSON, Jr. WM. SKENE. .F. C. COTTON. H. A. JONES. JAMES M. CLUTE. ALAN E. MCCARTNEY. GEO. TURNER. JOHN WULFFSOHN. D. L. BECKINGSALE. ROBT. WM. GORDON. WM. CLEMENTS. RICHD. H. ALEXANDER. M. A. MACLEAN. A. CHS. THICKE. J. C. KEITH. VV. B. WILSON. C. D. RAND. JAMES LEAMY. A. J. FERGUSON. ROB. COUTH. JOHN DEVINE. J. W. McFARLAND. A. O. LEASK. C. G. JOHNSON. ED. WHITE. SAM BRIGHOUSE. C. MELHUISH. J. M. SPINKS. R. C. FERGUSON. J H. HAYDEN. H. F. KEEFER. WM. POWER. F. W. HART. WM. PORTER. E. J. McFEELEY. CAPT. TATLOW. CAMPBELL SWEENEY. J. BOULTBEE. J. J. BLAKE. CHAS. DOERING. 'Mif0mr" St To THE HONOURABLE THE SECRETARY OF STATE FOJl THE DOMINION OF CANADA. Know all Men by these Presents : That We, the seve- ral persons whose signatures and seals are hereto subscribed and set and whose occupations respectively are those set oppo- site our respective signatures, do hereby associate ourselves to- gether as a Board of Trade under the provisions of Chapter ijo^ of the Revised Statutes of Canada^ intituled : 'M« Act re- specting the Incorporation of Boards of Trade" and We do hereby appoint John Devine as Secretary to the said Board of Trade, and We do hereby specify the name assumed by the asso- ciation and by which it shall be known to be the " VANCOUVER Board of Trade," and the name of the District in which the same is situate and the business transacted to be the City of Vancouver, and the name of the person so elected SECRE- TARY to be John Devine. Witness our hands and seals : Dated the 24th day of November, A.D, one thousand eight hundred and eighty seven. Name. OCCUPATIOK. WlTNBSa. E. V. BODWELL, Real Eotate broker. us. JOBK DBVINB. K. i;lark, Merchant It John Drtinb. D. OPPENHEIMER, Merchant. ti John Dbvimb. JNO. J. COWDEROY, Merchant. H John Divinb. F. X MARTIN, Merchant. ir John Dbvinb. TH08. DUNN, Merchant. 11 John Dbvinb. . C. TAYLOR, Bank ai^nt. If John Dbvinb. JNO, B. HENDERSON, Merchant. II E. MaliiAndainb, Jr. H. T. CEPERLEY, Real Estate & Insur. agent. II E. Mallandaine, Jr. K. MATHISON, Jb., Job Printer. 11 E. MAIiliANDAINE, JB. WM. SKENE, Commission merchant II E. Mallandainb, Jr. F. C. COTTON, Newspaper pujlisher. Real Estate agent II E. Mallandainb, Jr. H. A JONES, JAMES M. CLUTE, II E. Mallandainb, Jb. Merchant. II E. Mallandainb, Jr. ALAN E. MCCARTNEY, Architect 11 E Mallandainb, Jr. GEO. TURNER, Real E!)Ute broker. II E. Mallandainb, Jr. JOHN WULFFSOHN, Banker. II E. Mallandainb, Jr. D. L. BECKINGS'ALE, Physician. II E. Mallandainb, Jb. ROBT. WM. GORDON, Merchant 11 E. Mallandainb, Jr. WM. CLEMENTS, Merchant II John Dbvinb. RICHD. H. ALEXANDER, Manager, Hastings Saw Mill. Real Estate broker. II John Dbvinb. M. A. MACLEAN, II John Dbvinb. A. CHS. THICKE, Merchant II John Dbvinb. J. C. KEITH, Agent Bk. British Columbia. II John Dbvinb. W. B. WILSON, Merchant II E. Mallandainb, Jr. C. D. RAND, JAMES LEAMY, Real Estate broker. II John Dbvinb. Millowner. II E. M4LLANDAINB, jR. A. 0. FERGUSON, Civil Engineer. II John Dbvinb. ROB. COUTH, JOHN DEVINE, J. W. MoPARLAND, Merchant II John Dbvinb. Estate agent II E. Mallandainb, Jr. Accountant II John Dbvinb. 8 I, John Devine, of Vancouver, British Columbia, do hereby acknowledge and declare that the above certificate was signed and scaled by the respective persons by whom it purports to have been signed and sealed in my presence. John Devine. Declared and subscribed before me, \ t t Rt Ar-v p m this 25th day of November, 1887. / ^- ^- ^lack, r. ivi. I, Edward Mallandaine, Jn, of Vancouver, British Columbia, do hereby acknowledge and declare that the above certificate was signed and scaled by the respective persons by whom it purports to have been signed and sealed in my presence. E. Mallandaine, Jr. Declared and subscribed before me, this 25th day of November, 1887. }■ T. T. Black, R M. I, John Devine, of the City of Vancouver, in the Province of British Columbia, Secretary of the " Vancouver Board of Trade," do hereby acknowledge and declare that the hereto annexed cer- tificate was signed and scaled by the respective persons by whom it purports to have been signed and sealed ; that the respective occupation set opposite the respective names of such persons are their true occupations respectively, and the said persons reside within the Judicial District of Vancouver City. John Devine. Declared and subscribed before me, \ t t Rt ^^tr p m this 25th day of November, 1887. / *• ^- «lack, i. ivi. I, John Devine, of the City of Vancouver, in the Province of British Columbia, Secretary of the " Vancouver Board of Trade," do hereby declare that the City mentioned in the hereunto an- nexed certificate has a population of not less than three thousand. John Devine. Declared and subscribed before me, 1 ^ r^ Uj unv p tu this25thday of November, 1887. j ^' ^- »i^alk, r. ivi. Department of the Secretary of State of Canada, Registrar's Branch, Ottawa, 12th December, 1887. 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 Revised Statutes of Canada, chapter 1 30, for incoroora- tion of "The Vancouver Board of Trade," and recorded n he Registrar's Branch of the Department of the Secretary Oi .-^ate for Canada on the Twelfth day of December, 1887, in i Z(W 28, Fo/io 94. T. A. ClIAl'I.EAU, Secretary of State and Registrar General of Canada. The Vancouver Board of Trade is incorporated under Chapter 130 of the Revised Statutes of the Dominion of Canada, viz.:— " An Act respecting the incorporation of Boards of Trade." THE REVISEb STATUTES OF CANADA, VOL. II. CHAPTER 130. An act respecting the incorporation of Boards of Trade. a.d. isse. HER MAJESTY, by and with the advice and consent of the Senate and House of Commons of Canada, en- acts as follows: — 1. In this Act, unless the context otherwise requires, {JJ^^"*" — {a) The expression "district" means the city, county, town, village, or judicial district within and for which a "District" board is established under this Act; {b) The expression " Board of Trade," includes Chamber of Commerce. 39 V., c. 34, s. i , part. "Board of Trade." 2. Any number of persons not less than thirty, who ^Pb"**^*'" are merchants, traders, brokers, mechanics, manufactur- of Trade, ers, managers of banks or insurance agents, and residents of any district which has a population of not less than two thousand five hundred, may associate themselves to- gether as a board of trade and appoint a secretary. 39 v., c. 34, s. \,part. 3. The persons so associating themselves together as *^*f*'"°'*|* a board of trade shall, under their hands and seals, make tion. a certificate specifying the name assumed by th«° associa- tion, and by which it shall be known, — also the name as hereinbefore defined, of the district in which the same is situate and its business is transacted, and the name of the person by them appointed secretary to the said board of trade. 39 V., c. 34, s. i, part. 4. Such certificate shall be acknowledged before a certmcate notary public, commissioner for taking aflfidavits, or jus- toseore" tice of the peace, by the secretary of the said board of ^aJe"' trade, and shall be forwarded to the Secretary of State, 9 V 12 who shall cause the same to be recorded in a register to be kept for that purpose; and a copy thereof, duly certi- fied by the Secretary of State, shall be evidence of the existence of such association. 39 V., c. 34, s. i, part. Peraons incorpor- ated to have cer- tain powers. 5. The persons named as corporators in the said certificate, and such other persons as afterwards join them, are hereby authorized to carry into effect the ob- jects 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 a body corporate and politic, with power to acquire, sell and convey any real estate necessary for the objects of such association. 37 V., c. 51, s. 4, />art. Domicile. 6. The usual place of meeting of the said corporation shall be held to be the legal domicile thereof, at which service of any notice or process may be made. 37 V., c. SI, s. 4, part. Offioera and Conn- oil of Board of Trade. First meeting tor el'ic- tionot officers, Ac. 7. The officers of every board of trade shall be a pre- sident, vice-president, and secretary, who, together with not less than eight other members, shall constitute a council which shall be called " The council of the Board of Trade of ," (adding the name of the district as hereinbefore defined), and who shall have the powers and peform the duties hereinafter mentioned ; and when the foregoing provisions have been complied with it shall be competent for a majority of the persons named as corporators in the said certificate, to hold a meet- ing for the election of a president, vice-president and members of the said council and without notice, to make and enact such by-laws, rules and regulations aa are here- inafter mentioned. 37 V., c. 51, s. 5 ; — 39 V., c. 34, s. 2. General quarterly meetings. Bleotion of Presi- dent and members of Council. 8. The members of the said corporation shall hold general quarterly meetings in each year, at some place within the district, — 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 meeting, through one newspaper, or otherwise, as is thought necessary by the council; and at the first quar- terly meeting held in each year, the members of the said corporation present, or a majority of them, shall elect in the manner prescribed by the by-laws, from among 13 the members of the corporation, a president, vice-presi- dent and secretary, and at least eight other members of the council, who with the president, vice-president and secretary, shall form the council of the corporation, and shall hold their offices until others are elected in their stead, at the next first quarterly meeting of the ensuing year as aforesaid, or until they are removed from office, or vacate the same under the provisions of the by-laws of the corporation: 2. If the said election does not take place at such ProvisioD, first quarterly meeting, as aforesaid, the said corporation failure of shall not be thereby dissolved, but such el( ction may be *****'*"*• held at any general meeting of the corporation, called in the manner hereinafter provided, and the members of the council in office shall remain members until the election is held. 37 V., c. 5 1 , s. 6. 9. The president and vice-president shall, before en- J^*|j|*"* tering upon the duties of their office, take and subscribe president before the mayor of the city or town, constituting the oatho? district, or before any justice of the peace, an oath in the *^'*- form following, that is to say : — "I swear that I will faithfully and truly perform my Form of " 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 con- " stituted, according to the true intent and meaning of " the same. So help me God." 37 V., c. 5 1, s. 7. 10. If any member of the council dies or resigns his vocation office, or is absent for six months continuously from the and*mHng meetings of the council, the council may at any meeting Jif^^u'iJ®," thereof, elect a member of the corporation to be a mem- ber of the council, in the place of the member who has died or resigned, or is absent; and such new member shall be so elected by a majority of the members of the ■ council present at any meeting of the .same, if there is a quorum present at such meeting ; and the member so elected shall hold office until the next annual election. 37 v., r 5i,s. 8. 11. At any annual or general meeting of the corpora- Majority tion, whether for the purpo.se of electing members of the meetii.KH council or for any other purpose, a majority of members tion IS*"*" ^ 'mmF'-' ^'m^^ 9 bftvefull power. Retire- ment of membera. Making by-lawi Mid regu- lationa; for whkt purpoee. To be binding. Notice of proposed ny-lkwi to be given. Who m»y beoome memben of the cor- poration, and how. 14 present at such meeting shall be competent to do and perform all acts which, either under this act or under any by-law of the corporation, are or shall be directed to hie done at any such general meeting. 37 V., c. 51, s. 9. 12. Any member of the corporation, who intends to retire therefrom or to resign his membership, may do so at any time, upon giving to the secretary ten days notice in writing, of such intention, and upon discharging any lawful liability which is standing upon the books of the corporation, against him at the time of such notice. 37 v., c 51, s. la 1 3. The majority of the members of the corporation present at any general meeting may make by-laws and regrulations, and from time to time repeal, alter and amend the same, for the government of the corporation, providing for the admission, and subscriptions of mem- bers, — for imposing of penalties,— for the expulsion or the retirement of members, — for the management of its council, officers and affairs, — for the guidance of the board of arbitrators hereinafter mentioned, and for fixing the date and place of the regular meetings of the council, and all other by-laws in accordance with the require- ments of this Act or the Laws of Canada : 2. Such by-laws shall be binding on all members of the corporation, its officers and servants, and all other persons, whomsoever, lawfully under its control : 3. No by-law shall be made by the corporation, except as hereinbefore mentioned, without notice in writing thereof having been given by one member and seconded by another member at a previous meeting and duly en- tered in the books of the corporation as a minute of the corporation. 37 V., c. 51, s. 1 1. 14. Every person resident within the district, who is or has been a merchant, broker, trader, machanic, man- facturer, manager of a bank or insurance agent, shall be eligible to become a member of the corporation ; and at any general meeting of the corporation any member of the corporation may propose any .such person, as afore- said, as a candidate for becoming a member of the cor- poration ; and if such proposition is carried by a majority of two thirds of the members of the corporation then present, he shall thenceforth be a member of the cor- poration, and shall have all the rights and be subject to all the obligations which the other members possess or 16 and are subject to : Provided always, that any person who ll^^^,. is not a merchant or trader, broker, machanic, manufac- "onj "o^ turer, manager of a bank or insurance agent, shall be den,*c. eligible to become a member of the corporation, in man- ner aforesaid, if such person is recommended by the council of the board of trade at any such meeting. 37 v., c, 51. s. 12. otoorpo- ration. 1 5. The council, or a majority of them, by a notice *^^ inserted in one or more newspapers published within the meetinRa district, one day previously to the meeting, or by a cir- cular letter to each member, signed by the secretary of the corporation, and mailed one day previously to the meeting, may call a general meeting of the corporation for any of the purposes of this Act. 37 V., c 51, s. 13. en- 1 6. The council may hold meetings, from time to time, and adjourn the same when necessary, and may at such meetings, transact such business as is, by this Act or by the by-laws of the corporation, assigned to it ; and such meetings of the council shall be convened by the secre- tary, at the instance of the president, or upon the request of any two members of the council : ' 2. The council shall, in addition to the powers hereby expressly conferred on it, have such powers as are as- signed to it by any by-law of the corporation, except the power of enacting or altering any by- law, or admitt- ing any member, which shall be done only in the man- ner provided for by this Act : 3. Any five or more members of the council, lawfully met, shall be a quorum, and a majority of such quorum may do all things within the powers of the council : 4. At all meetings of the council, and at all general meetings of the corporation, the president, or in his ab- sence, the vice-president, or if both are absent, any member of the council then present who is chosen for the occasion, shall preside ; and in all cases of equa- lity of votes upon any division, he shall have a casting vote. 37 v., c. 51, s. 14. Heetingf of council, how con- vened, te. Powen. Excep- tion. Quorum. Who to preside. CMting vote. 17. The council, shall frame such by-laws, rules and council to regulations as appear to it best adapted to promote the {j;^^* ^' welfare of the corporation and the purposes of this Act, ***,'iV"^' and shall submit the same for adoption, at a general ITirenerai meeting of the corporation, called for that purpose, in "'***'"»f- the manner hereinbefore provided. 37 V., c. 51, s. 15. ^'•^^mm^' 9 I 16 ^^IV 1 8. All subscriptions of members due to the corpora- ■cripttons, tion, 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 corporation, shall be paid to the secretary thereof, and in default of payment, shall be recoverable in an action brought in the name of the cor- poration ; and it shall only be necessary, in such action, to allege that such person is indebted to the corporation in the sum of money, the amount of such arrearage on account of such subscription penalty or otherwise, where- by an action has accrued to the corporation by virtue of this Act. 37 v., c, 51, s. 16. Proo'ta 19. On the trial or hearing of any such action, it shall brought In be Sufficient for the corporation to prove that the defen- 8uoh CAM. (j^j^j.^ j^t ji^g ^jj^g ti^g demand was made, was or had been a member of the corporation, and that the amount claimed as such subscription, penalty or other\vise, was standing unpaid upon the books of the corporation. 37 v., c. 51, s. 17. i I Meetingrs of counoil to be open to'niem- ben. Minutef. Record thereof. Board of arbitra- tion. Power*. 20. The meetings of the council shall be open to all members of the corporation who may 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 council or of the corporation, shall be en- entered, in books kept for that purpose, by the secretary of the corporation ; and the entry thereof shall be signed by the president or vice-president or the other person who presides at the meeting ; and such books shall be open at all reasonable hours to any member of the cor- poration free of any charge. 37 V., c. 51, s. 18. 21. At the time hereby appointed for the election of the council, and in the same manner, the members of the corporation may elect, from their number, twelve persons, who shall from a board, which shall be called "The Board of Arbitration"; and any three of such persons shall have power to arbitrate upon, and make their award in any commercial case or difference which is voluntarily referred to them by the parties concerned : and whenever such parties agree to bind. them.selves, by bond or otherwise, to submit the matter in dispute be- tween them to the decision of the board of arbitration, 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 gen- 17 eral rules adopted by them, or under any by-law of the corporation touching the consideration 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 of arbitra- tion and the parties making the submission ; and any such submission shall be according to the form A in the schedule to this Act, or to the same effect 37 V., c. 5 1 , s. 19. Form of mibmis- ■ion to board. 22. The several members of the board of arbitration shall, before they act as such, take and subscribe, before the president or vice-president of the corporation, an oath in the form B in the schedule of this Act, that they will faithfully, impartially and diligently perform their duties as members of the board of arbitration, and such oath shall be kept among the documents of the corpora- tion. 37 v., c. 51, s. 20. Members of board to be sworn. 23, Any member of the council may, at the same Membprs time, be a member of the board of arbitration. 37 V., c. marb*""" >y I arbitra- '^*- ton. 51. s. 24. The three members appointed to hear any case submitted for arbitration, as aforesaid, or any two of them, shall have full power to examine, upon oath (which oath any one of such three members is hereby empower- ed to administer), any party of witness who appearing before them, is 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 parties according to the terms of the submission and the provi- sions of this Act 37 v., c. 5 1, s. 22. Power of arbitra- tors as to examina- tion in hearing oases* Award. 25. The council of the corpo.ation may appoint five Power of persons to constitute a board of examiners to examine ^l^j'nt*** applicants for the office of inspector of flour and meal, board of or of any other article subject to inspection, and may do of^inspec- all such other acts, matters and things connected with *""• the inspection of flour and meal or any other article, and shall have as full power and be subject to the same con- ditions as those conferred upon and required of the councils of the boards of trade by " T/te Genera/ Inspec- tion Act ;" and the said examiners and inspector shall be subject to all the provisions touching their office set forth in the said Act 37 V., c. 51, s. 23. P "T^W"^ 9 Boards of Trade may afBUate with Dom- inion Board of Trade. Proviaa 18 26. Any board of trade duly registered as aforesaid, under the provisions of this Act, may become affiliated with the Dominion board of trade, on duly complying with all the terms and requirements of that organization, and may be represented at all its ordinary or special gene- ral meetings, held from time to time : Provided always, that the delegates or representatives to the Dominion board of trade shall be elected at a general meeting, duly convened, of the board of trade desiring such affi- liation as aforesaid. 37 V., c. 51, s. 25. SCHEDULE OF FORMS. Form A. Know all men, that the undersigned and the undersigned {if there are 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 and abide by the award to be made by the Board of Arbitra- tion of the Board of Trade of in the case afore- said, under the penalty aforesaid, to be paid by the party refusing to perform or abide by such award to the party ready and willing to perform or abide by 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. 1 8 27 v., c. 51, scK part. A. B. C. D. [L.S.] [L.S.] Form B. I sware that I will faithfully, impartially and diligently perform my duty as a member of the Board of Arbitra- tion 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 judg- ment and ability, without fear, favor or affection, of or for any person whomsoever : So help me God. 37 V., c. 51. sc\i. part. U BY-LAWS. MEKTINGS. I. The Annual General Meeting of members of the " Van- couver Board of Trade " shall be held on the first Monday in March at 2:30 p.m. The regular Quarterly Meetings of the Board shall be held on the first Monday in March, first Monday in June, first Monday in September, and first M tnday in Decem- ber in each year, and at the time prescribed for the Annual General Meeting. QUORUM. U. 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 forty-five minutes after the Meeting is called it shall stand adjourned for one week : PLACE OF MEETINC;. HI. The place of meeting shall be at the Board Rooms. ORDER OF BUSINESS. IV. Reading Minutes of last Meeting. Reports and Communications. Elections to fill Vacancies. Nomination and election of new Members. Unfinished business. Miscellaneous business. Uk AUDIT. V. At the regular Quarterly Meeting held in December 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. * MOTIONS. VI. All Motions, except those for previous question, post- ponement or adjournment, shall be made in writing ; and no debate shall be premited, except on a motion regularly moved and seconded : every motion made in writing shall be read by the proposer in his place previous to offering it to the Presi- dent. (a.) No Member shall speak twice on the same subject ex- cept by premission or 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-LAV/ S. VII. Notice to amend. any By-Law or to introduce a new one shall be posted in the Board Room one month previous to the meeting at which it is intended to be considered. Any such notice as aforesaid must contain in full " the wording of the pro- po.sed amendment or addition." SUBSCRIPTION.S. VIII. (a.) The Annual Subscription of Members shall be twelve dollars, payable by quarterly instalments of $3.00 in ad- vance, 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 Quarterly Meeting, and their names duly entered on the minutes of the said meeting. ARBITRATIONS. IX. (i.) 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 ; Each party shall choose one arbitrator and the third arbitrator shall be drawn by lot, from the remainder of the said Board, by the Secretary of 21 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. (3.) The three Arbitrators shall sit together unless the parties shall consent to the matter being heard by one or two Arbitra- tors 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 re- quest of either party, not less than $ 2.00 Nor more than 4.00 (b.) For every day's fitting, to consist of not less than six hours, not less than $ 5.(X) Nor more than 10.00 (c.) For every siting not extending to six hours (fractional parts of hours being excluded) where the arbitration is actually proceeded with, for each — for each *" Dur occupied in such proceedings, at the rate of not less than. . .$ i.oo 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 the 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 in- flicted 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 en- titled to vote who has not paid all dues belonging to him. (2,) Members in good standing shall be in 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 either be Special or General. 22 EXPULSION OF MEMBERS. XL (i.) 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. (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. The entrance fee for any person desirous of joining the Board of Trade shall be $25, in addition to his annual subscrip- tion. ELECTION OF MEMBERS. XIII. That any person wishing to become a member of the Vancouver Board of Trade, if eligible shall be proposed by some member in good standing and his name with that of his pro- poser shall be posted in the Board of Trade Rooms at least one week before his election shall take place. All elections for mem- bers so proposed shall be by ballot, and if two-thirds of the votes cast at such election shall be in favour of such candidate he shall be declared elected provided half the number of members of the Board of Trade are present at such meeting in person or by proxy. CUSTOMS OF THE PORT. RATES OF COMMISSION. XIV. Whenever no special agreement exists, the following shall be collectable : — 1. On purchase of stocks, bonds, and all kinds of se- curities, including the drawing of bills for pay- ment of the same 2)^ per cent. 2. On sale of stocks, bonds, and al! kinds of securities, including remittancts in bills and guarantee. . 2 J^ per cent 3. On purchase and sale of specie, gold-dust, and bullion I per cent. 4. On .sale of bills of exchange with endorsement . . 3 ^ per sent. 5. On sale of bills of exchange, without endorse- ment I per cent. 6. For endorsing bills of exchange, when desired . . 2 j^ per cent 7. On sale of produce and merchandise, with guar- antee yyi per cent 8. On goods received on consignment, and after- wards withdrawn 2^ per cent 9. On purchase and shipment of merchandise, with funds on hand, on cost and charges 5 per cent 10. On purchase, and shipment of merchandise with- out funds, on cost and charges 7^ per cent 1 1. For collecting and remitting delayed or litigated account 10 per cent. 1 2. For collecting freight by vessels from foreign ports, on amount collected 5 per cent 13. For collecting general claims 5 per cent 14 For collecting general average, — on the first $20,000 or any smaller amount 5 per cent 1 5. For collecting general average,— on any excess over $20,000 2)4 per cent 16. On purchase or sale of vessels 5 per cent 1 7. For " Port Agency " when no other commission is charged to vessels with cargo or passengers from foreign ports, as under : On vessels under 200 tons register $ 25.00 On do of 200 to 300 tons do 50.00 On do of 300 to 500 do. do 100.00 On do over 500 tons to 750 1 50.00 On do over 750 tons 200.00 18. For di.sbursements of vessels by consignees with funds on hand ; 2^ per cent 19. For procuring freight or passengers. 5 per cent 20. For chartering vessels, on imornt of freight, ac- tual or estimated, to be considered as due when the "Charter Parties" or memorandum of their conditions, &c., are signed 5 per cent 21. On giving Bonds for vessels under attachment in litigated cases; on amount of the liability. .2^ per cent 26. 24 For landing and reshipping goods from vessels in distress, on invoice value, or in its absence, on market value 5 per cent. For receiving and forwarding goods, — on invoice amount 2 ^ per cent. For effecting marine insurance, — on the amount insured ■ ^ per cent. The foregoing Commissions to be exclusive of Brokerage, and every charge actually incurred. Vessels to pay clerk hire and the labor on wharf, sorting and delivering cargo. The receipt of Bills of Lading to be considered equivalent to receipt of the goods. RATES OF STORAGE ON MERCHANDISE. STORAGE PER MOMTH. XV. On measurement goods 50 cents per ton of forty cubic feet ^40 c. ft.) On heavy goods 50 cents per ton 2240 lbs. Or in either case the amount actually paid if more. The consignee to have the option of charging by measurement or weight. Any fraction of a month to be charged as a month. REGULATIONS. XVI. (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 delivery of the goods. (c.) After delivery to the purchaser of goods sold no claims for damage, deficiency, or other cause, shall be admissible after goods sold and delivered have once left the City. (d.) When foreign bills of lading expressly stipulated 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. XVII. PORT WARDEN. 37 VICTORIA, CHAPTER 32. An Act to Provide for the Appointment of Port Wardens at certain Ports of the Dominion. [Assented to Tuesday, 26th May iSy^..] WHEREAS the increasing trade and business in Preamble, many of the Ports of the Dominion, at which no pro- vision now t^xists for the appointment of Port Wardens, renders it necessary to make such provision : Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — determine at what Ports in the Dominion, it is expedient pol that Port Wardens may be appointed, and at and for any "^" 1. The Governor in Council may, from time to time. Governor may ap- point Port may be appomted, and at and lor any hardens, such port a Port Warden may be appointed under this Act.V/ the Governor : Provided always that this Act shall not apply to the Ports of Quebec, Montreal and certain St. John, New Brunswick, for which provision > > already ^*""***^ made. 2. The Pore Warden shall receive no fees whatever, Fees to other than such as strictly appertain to the business of ^"^ ^^[^ his office ; all such fees shall be recorded in his books, annual and he shall make a certified annual return to the Min- Minister, ister of Marine and F'isheries, of the receipts and ex- penses of his office and a report of the doings of his office, within seven days after thirty-first day of Decem- ber in each year. 3. The Port Warden shall, at his own expen.se keep his office, an office during the season of navigation, and shall have geai.*" a seal of office, and the necessary books, in which all his acts as Port VVarden shall be recorded, which books shall be open for inspection on payment of a fee of twenty five cents. m^fA - x^ 26 Port War- den on re- quest to examine and note the condi- tion of car- go, Ac., on any vessel. 4 It shall be the duty of the Port Warden, on being notified and requested by any of the parties interested, to proceed in person on board of any vessel for the pur- pose of exarr^ining the condition and stowage of her cargo ; and if there be any goods damaged on board such vessel, he shall inquire, examine, and assertain the cause or causes of such damage, and make a memorandum thereof, and enter the same in full on the books of his office. Survey if bulk has been brolt- en before arrival in Port. WhatshaU be prima facie evi- dence of improper stowage. 5. The master of any vessel which has broken bulk for the purpose of lightening or other necessary purpose, 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 .survey held on the same in the manner herein prescribed, before the same shall be moved out of the place in which it was originally stowed ; and if, after the arrival in port of any vessel from beyond the seas, or fror" a passage over any of the gree.v lakes contiguous to the i^rovince of Ontario, which has not had occasion to lighten, break bulk, or otherwise discharge any portion of her cargo before com- ing into the harbour, the hatches of such vessel shall have been first opened by any person not a Port War- den, and the cargo or any part thereof shall come from on board such ship in a damaged condition, these facts shall \i& prima facie evidence that such damage occurred inconsequence of improper stowage or negligenc^e on the part of the persons in charge of the vessel ; and such default shall, until the contrary be shewn, be rhargeable to the owner, master or other person intersted as part owner or master of the said ves.scl. Port War- 6. The Port Warden shall, when required, proceed to quest'to*' any ship, steamer or other vessel, warehouse, dwelling or 22^^'" wharf, and examine any merchandise, vessel, material, damogeto producc or Other property, said to have been damaged on board any vessel, and enquire, examine and ascertain the cause of such damage, make a memorandum thereof, and of such property, and record in the books of his office a full and correct statement thereof nny goods. To be a 7- The Port Warden shall, when required, be sur- of wrecks veyor on any vessel which may have suffered wreck or ordamaa- damage, or which shall be deemed unfit to proceed on her voyage : he shall examine the hull, spars, rigging and all appurtenances thereof, shall specify what damage 27 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 carpenters, sail-makers, riggers, shipwrights or other persons skilled in their profession, who shall each be entitled to a fee not exceed 'ng 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 surveyor of the repairs neces- sary to render such vessel seaworthy, and his certificat«i that ves- that these repairs have been properly made shall be evid- ^awoirthy ence that the vessel is seaworthy. 8. The Port Warden shall have cognizance of all surveys oi damaged vesseU matters relating to the surveys of vessels and their car- goes, arriving in port damaged, and when requested ^g^^"' shall on payment of the regular fee, give certificates of such surveys. 9. The master of any vessel intending to load grain in bulk, for any port not within the limits of inland navi- gation nor within the Dominion of Canada, shall, before taking in any of such grain, notify the Port Warden from time to time while the different chambers are being pre- pared, to survey and inspect the .said vessel as well as the dunnage and lining boards ; the Port Warden in such case .shall ascertain whether such vcs.sel is in a fit state to receive and carry the cargo intended for her to its destination ; he shall record in his books the condi- tion 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 begining to load each chamber he shall be careful to .sec that it is properly dun- naged and lined, and provided with shifting boards, and that the board and plank used for these purposes have been properly seasoned ; he .shall cxaitiine the pumps and see that they are properly lined and dunnaged ; he shall enter in the book.s of his office all particulars con- nected with these surveys, and grant the necessary cer- tificates. Duty of Master of vessel loaditiff with grain in bullc ; for port outofCan- ada; and Duty of Port War- den. % 'Mil, ar^ 10. It .shall be the duty of the Port Warden, when Dutjof required, to decide what amount of dunnage is neces.sary d",, g^^ below cargo, and also between wheat and other grain, dunnasre. and the flour to be stowed over it, and his certificate that such dunnage has been u.sed, .shall be prima facie evid- ence of the gvjod stowage of the cargo so far as these points are concerned. ^»i.-.- . , ■«»■ m ill! ' II (till m\ WL 28 Further 1 1. The master of any vessel, wholly or partly laden Masterand With grain, for any port not within the limits of inland den^aTto navigation nor within the Dominion of Canada, shall, grain before proceeding on his voyage, or clearing at the Cus- tom 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 what 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 con- ditions 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 clearence may be granted for the vessel until such re- quired conditions have been fulfilled, and a certificate thereof granted by the Port Warden or his deputy. Valuing and mea- suring vessels by Port War- den. Duty of Auction- eer Hilling condemn- ed vessels, materials or goods. Port War- den fo arbitrate between Master and con- signee, &c. 8ale of damaged vessels or goods on account of under- writers. 12. The Port Warden shall, when required, estimate 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 office. 13. It shall be the duty of every auctioneer making a sale of any vessel condemned, or ship's materials, or goods dainaf;ed on board a ship or vessel, whether sea- 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 underwriters' sale shall take place until after at least two days' public advertisement or no- tice, and such sale shall not be an hour earlier than eleven, nor later than three o'clock in the day. 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 between the master or consignee cf any vessel, and any proprie- tor, shipper or consignee of the cargo, and to keep a record thereof. 15. No goods, vessels or other property at a place where- there is a Port Warden, shall be sold as damaged for on account of underwriters, unless a regular survey and condemnation has previously been had, and the Port Warden shall in all such cases be one of the sur- veyors. 1 6. Before proceeding to act in any case in the per- Notice by formance of his du' ies, the Port Warden shall give reas- den. " able notice, where practicable, to all parties interested or concerned in the case. 17. All notices, requests, or requirements to, or from And to the Port Warden, must be given in writing, and a reas- **'""• onable time before action is required. 1 8. The Port Warden may in any case where he port war- thinks it right and necessary, initiate proceedings, and fn^tiX^ hold surveys, and obtain process, as if required by the pioceed- parties concerned under the provisions of this Act, — '"^''" and whenever the Port Warden is mentioned in any pro- vision of this Act, such provision shall always be under- stood to apply to any Deputy Port Warden, if there is port*war- such. den. 19. On the demand of any party interested, the Port Port war- Wardcn shall furnish certificates in writing, under his nfshcopiM hand, of any matters of record in his office ; he shall '''docu- t r • 1 ^ • ^ • r • • t • nients, also furnish when required, copies of any entries in his &c.,inhi8 books or documents filed in his office, upon prvment of a reasonable compensation. 20. On application, the Port Warden shall supply, to any master of a vessel arriving in the Harbour, a copy oit re«:u1 •^ - » - '--- r^-' tio:l8of And copies ila- of the regulations relating to the office of Port Warden harbour, once in each y ar. 21. In all matters regarding surveys, and other mat- ters concerning the value, state, or classification of To con- vessels and like subjects, the Port Warden shall conform guiations to, and be governed by the regulations of Lloyd's so far "'^'"y*" ar they are applicable to the circumstances of the case. 22. Should any dispute arise between the Port War- den and any party interested in any case where his pre- sence has been required, either party may appeal to the council of the board of trade or chamber of commerce, where there is one, and it shall be the duty of the Secre- tary of such board or chamber, on a requisition 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 determination or that of a majority of them, made in writing, shall be final and conclusive. DiHDUtes by Port Warden to be settled by board of trade. 30 Costs in such case. 23. The party against whom the council cJf the board 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. certifl- 24. All certificates issued under the hand of the Port F?wrt War- Warden or his Deputy, and sealed with the seal of his evidwic^ office, referring to matters recorded in his +)ooks, shall be received as prima facie evidence of the existence and contents of such record, ^in any court in Canada. ?^ ;: < I 1 Tariff of fees, to be ?aid to ort War- den, to be made by Board of Trade or Governor in CounciL Maximum rates. Survey of vessel, damaged t^oods, etc. Valuation and in- spection of vessel. Hearini< and settl- \\i\( dis- putes. 25. The council of the board of trade or chamber of commerce, if there is one, may, from time to time, estab- lish a tariff of fees to be paid to the Port Warden for ser- vices performed by him and his deputies, by tht masters 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 Governor 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, or the survey of damaged goods, a fee, including the certificate thereof, not exceeding eight dollars each, and such further sum, not exceeding five dollars, as may be payable to .shiprights 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 tc the tonnage of such vc.s.sel, but not in any case to exceed ten dollars : 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 : 31 4- The foregoing maximum rates, comprehending the Rate* t^ fees for the incidental proceedings, certificates and copies, ^!f^y may be altered and apportioned, and the particular ser- ^J^ ^l vice distinguished, and the fee therefor assigned, and the povemor person by whom the same shall be paid, may be indi- cated in such a way as the council of the board of trade or 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 Penalties breach of the ninth or of the eleventh section of this Act, tention*"/ shall be the sum of eight hundred dollars ; and for every ^^\l^ infraction or breach of the thirteenth section of this Act, ^iecovery the sum of twenty dollars ; and any and every such priaSon'of penalty as aforesaid shall be recoverable in the manner prescribed 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 oflficer 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 and J^Jj^T^, further duties as may be assigned to him from time to Port war- time by any regulations made by order of the Governor reg,iia"**" in Council ; and the council of the board of trade or Qo"ernor chamber of commerce may from time to time make such in council, such suggestions to the Governor as they may deem ex- pedient, with respect to any such other and further duties, or any modification of the duties hereinbefore assigned to the 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 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. m 28. No Officer of Customs shall grant a clearance to Clearance not to be any ves.sel wholly or partly loaded with grain, for the imnted to purpose of enabling her to leave the harbour for any SiJr\y|[,*g*** port not within the limits of inland navigation nor ?"'"?""• *^ . , . , T-v ■ • *• i^ 1 1 .M .1 less the re- within the Dominion of Canada, unless nor until the quire- illl III! mm 'III I 32 ments of mastcr of such vessel produces to him a certificate from have been the Port Warden or his deputy, to the effect that all the implied 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 wholly or partly in bulk, and if any 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 person 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. Interpre- tation. 29. The expression " the harbour " in this Act, means the harbour for which the Port Warden is ap- pointed ; the expression " the board of trade or chamber of commerce" means the board of trade or chamber of commerce for the city or town or place adjoining the harbour for which the Port Warden is appointed. shorttitie. 30. This Act may be cited as "The General Port Wardens' Act, 1874." Whereas 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 others in respect of whom the duties of the said Port Warden are required to be performed, that is to say : — Vide Orders in Council, 40 Vic, pp. LXXVI, (;6) 1877. And wherens the " British Columbia 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 : — 33 TARIFF OF FEES COLLECTABLE. 1. First survey of hatches with certificate under seaL . . .$5 CX) 2. Every subsequent survey of cargo with certificate under seal 2 cX) 3. Survey of cargo where hatches have have not been previously surveyed, including certificate under seal 5 00 4. Every survey of damaged goods on the wharf, or in store, value under $2CX), and certificate under seal . . 3 00 5. Every survey of damaged goods on the wharf, or in store, value $2CK) and under $500, 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 regis- ter, including certificate under seal 5 CX3 10. Valuation of a vessel for average of 2CX) tons and un- der 500 tons, with certificate under seal 7 50 1 1. Valuation of a vessel for average of 500 tons and up- wards, with certificate under seal 10 00 12. Survey of cargo reported to have shifted, including certificate under seal 5 cx) 13. Extra copy of certificate, when required, and under seal I 00 • 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 $iocx) 4 00 Do. do. $1000 and over 5 00 15. Filing papers of auctioneers, &c., each o 25 ■ ^P^ja*j(.< . '^^ m^'^ 34 i6. Ascertaining if vessel is seaworthy, including certificate under seal $io oo 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 certi- ficate under seal , 5 00 XVIII. HARBOUR MASTER. RULES AND FEE.S. Vide Act 36 Vic, chap. 9, assented to 3rd May, 1873. Do. 37 Vic, chap. 34, do. 26th May, 1874. D6. 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 general guidance of members. HARBOUR MASTERS' ACTS CONSOLIDATED. An Act to Provide for the Appointment of Harbour Masters for certain Ports in the Provinces of Quebec, Ontario, Bmtish Colum- bia AND Prince Edward Island. [Assented to 26th May, 1874.1 And An Act to Amend the Acts Thirty-sixth Victo- ria, Chapter Nine, and Thirty-seventh Victo- ria, Chapter Thirty-four, Respecting the Appointment of Harbour Masters. [Assented to 8th April, 187s.] HER MAJESTY, by and with the advice and con- Pr««nbie. sent of the Senate and House of Commons of Canada, enacts as follows : — 36 1. In the construction, and for the purposes of this Act (if not inconsistent with the context or subject matter), J"*«'t«"«- the following terms shall have the respective meanings hereinafter assigned to them, that is to say : " Ship " shall include every description of vessel used in navigation, not propelled by oars ; " Master " shall include ever>' person (except a pilot) having command or charge of a ship ; " Harbour Master " shall mean a Harbour Master ap- pointed under this Act ; " Port " shall mean a Port to which this Act applies. 2. The Governor may, from time to time, appoint a Governor fit and proper person to be Harbour Master for any SSnt*"* port in any of the Provinces of Quebec, Ontario, British l^^w' Columbia, or Prince Edward Island, to which this Act applies. 3. Every Harbour Master appointed under this Act Annnai shall be under the control of the Minister of Marine and Harbour' Fisheries, to whom he shall furnish a report in writing ^1^,^^",^ and on oath, as soon as possible after the thirty-first day Marine, 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 Harbour Reguia- Master for any port shall " be such as may from time to Governor time be conferred and imposed upon him by rules and inCouncU. regulations made by the Governor in Council for the government 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 autho- rized 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 apply to any one or more 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 rule Regruu- or regulation made under the next preceding section, im^*^ impose any reasonable 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 S6 for every twelve hours during which such breach con- tinues, but so that no such rule or regulation shall impose 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. h^?urni8h- 6. The Harbour Master for any such port shall edtoPiiots 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 copies to the master of every ship which he shall take in charge. Prosecu- tions for intrartion. 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. " 8. The Harbour Master for any port shall be re- munerated for his services solely by the fees hereinafter mentioned, or such portion thereof as he may, from time time, be authorized to retain by the rules and regula- tions made by the Governor in Council under the fourth section of this Act • aisd for and in respect of all ships entering a port or h^'rbonr to which this Act applies, and at which a Haibour Master is appointed, and dis- charging or taking ivi 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 and not over 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 do'lars ; For every ship over three hundred tons and not over four hundred tons regi-ster, two dollars and fifty cents ; For every ship over four hundred tons and not over five hundred tons register, three dollars ; ' 37 For every ship over five hundred tons and not over seven hundred tons register, four dollars ; For every ship over seven hundred tons register, five JoUars. And such fees shall also be payable for ships with cargo and steamers passing through or arriving at the salary, Harbours of Sorel, St. Johns, Thtee Rivers or Lachine, how axed, in the Province of Quebec ; and the Governor may, from time to time, appoint a fit and proper person to be Harbour Mrvster at each of the said harbours." 9. The salary or remuneration of each Harbour Balance to Master, appointed under this Act, shall be, from time to ^^"^ time, fixed by Order of the Governor in Council, but p°"-.^**- shall not exceed six hundred dollars, and shall be sub- ject 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 in each year to the Receiver-General, to form part of the Consolidated Revenue Fund, towards making good any sums which may be appropriated by Parliament, for the payment of expenses in connection with the office of Harbour Master and for the improvement of the harbour of the port for which he is appointed, all moneys received by him for fees under this Act during such year, after deducting therefrom the sum allowed hiii as aforesaid ibr his own remuneration ; and if the moneys received by him for fees in any year amount to a less sum than is so allowed him, then such less sum shall be his rcmunera- . ticm for that 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 ending on the last of December), whatever be the num- ber of ports or harbors 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 immediately on her entering or arriving at the first and second ports or harbours where there is a Har- bour 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 ^1 '•UK:': ^- *. mmm 38 Book to be kept by Harbour Hooter, and what it must shew. Powers, jco., of Harbour MaHt«r ap- pointed under any former law to cease «n appoint- ment of one under this Act for the same port. To what Provinces and ports and when the fore- going pro- visions shall ap- ply. Ports ex- cepted. the master thereof produces to him a certificate of the payment of such fees or certificates of the payment of fees under this Act twice within the then present year." 1 2. The Harbour Master of each port shall keep a book in which he shall ente*" from day to day the name of every ship not exempt from the payment of fees under this Act, entering such port, the name of her master, her registered tonnage, the date of her entering the port, and the sum, if ?ny, 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 for inspection by ^ny person, on demand, without fee or reward, 13. The powers and duties of the Harbour Master of any port appointed under any authority other than this Act, shall cease to be exercised by him, from the time when the Harbour Master appointed under this Act shall come into office at such port, and shall then and thereafter become and be vested in such last-mentioned Harbour Master and his successors in office, in so far 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 proceeding's for penalties incurred or offences committed against law, rule or regulation re- specting 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, regulations or provi- sions 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 appointment under this Act. 14. The foregoing provisions of this Act shall apply 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 tc time, be designated for that purpose by Proclamation, under an Order or Orders of the Governor in Council, except only the Ports of Quebec and Mont- ••eal, in the Province Quebec, and of Toronto, in the Province of Ontario, to which the said provisions shall not apply. 15. It shall be the duty of each 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 per- form such other services and duties, connected with such port or harbour, as he may be directed to perform by the Minister of Marine and Fisheiies, or by the proper officer, oi by Departmental orders of that Department, without any additional remuneration beyond Lhe amount allowed him out of fees r eceived by him under either of the said Acts as hereby amended. 1 6. The penalty imposed by any rule or regulation made oy the Governor in Council under the fourth section of either of the said Acts, and incurred by any breach or continuing breach of such rule or regulation, may be recovered by summary proceeding and convic- tion before any Justice of the Peace having jurisdiction in the place where such breach 's committed or is con- tinued, 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 pro- vided : and one moiety of such penalty shall belong to the informer, not being the flarbour Master, and the other moiety to the Crown ; hut 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 Edwahd 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 pro- claimed by an Order of the Governor in Council under the pro- visions 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 Bruuswick," and " An Act to provide for the appointment of Harbour " Masters for certain Ports in the Provinces of Quebec, Ontario, saiE If lilt): Ijii m iiiii' ill m 40 ' 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 (regis- tered tonnage) and upwards which shall arrive within the said Ports within twelve hours after the arri"al 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; cti or employed by Her Majesty and the Government of iisi'. Dominion of Canada, and ships engaged in tradin^ between Ports and places in the Dominion, or in the Fishing trade excepted) according to the following scale, and under the restric- tions 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. 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 ^oo tons (registered tonnage), $2.00. For every ship of more than 300 tons, but not more than 4CX) tons (registered tonnage), $3.00. For every ship of more than 400 tons, $4.cx). 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 ht in respect to the same ; and all masters, pilots, or other persons having the charge or command of any ships or vf sels, shall comply with the directions of the Harbour Maste*- r * is deputy in these respects, under the penalty of Twenty Douars for each and every neglect or refusal so to do. Rule IV. — If any ship or vessel arriving and anchoring, or being moored or fastened to any>wharf or vessel in tl»e f{ arbour shall be so moored or placed as to be unsall; or I's'igeruifi to any other ship or vessel previously lying at ancho. in the U. bour, or moored or fastened as aforesaid, the Harbour Master or his d' puty 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 1 41 1 f.j'^ s-(! as to prevent such insecurity and danger ; and the master, pilot or other person hr.ving 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 offence. Rule V. — Any person or persons who may moor or fasten to, or in any manner injure, alter or change any of thp 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 ma)^ 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 un- loaded, or anything calculated to interfere w'th the moving or mooring of vessel 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 hour after being notified so to do, shall forfeit and pay a sum not exceeding $io, nor less than $5, and after one hour shall have elapsed the Harbour Master ohall have power to make the removal and charge the person notified for so doing. Rule VIII. — Whenever the Harbour Master shall find fhips (H- 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 accitents to ♦ne 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 "essels 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 suffi- cient 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 every offence, to be paid by the owner, master or person in charge of such ship or vessel. 4^ Rule XII. — No Ballast, Stone, Gravel, Earth or Rubbish of of any kind, shall be unladen, cast or emptied out of, or thrown overboard from any ship or vessel whatever in tne Harbour, or at the entrance thereof (except in places set apart for that pur- pose 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. ''aces set apart by the Harbour Master for the deposit of be etc., it is hereby required that no ballast, stone, gravel, earth 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 person, from any part of the beach or shore into any part of the Harbour, or upon 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 offence, to be paid by the owner or owners, master or per- son 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. Rule XV. — Any person or persons who shall or may hinder, oppo.se, molest or obstruct the Harbour Master, his deputy or any of his assistants in the discharge of his duty or their duty, shall, on conviction, pay a penalty of Forty Dollars for each and every 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 p<:rson in charge of the ship or vessel not conforming to the 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. i of own r, or pur- the paid any r for last, dis- nset, ihof laid, any ti or hore low and per- from r by ider, any hall, very Si- »' - «, g to rs or any shall •n in :ular S^^j 4. and ncil, il. BUmy(iinl|i|U,lJ* rmsn