THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES THE REVISED STATUTES OF CANADA, 1906 PROCLAIMED AND PUBLISHED UNDER THE AUTHORITY OF THE ACT 3 EDWARD VII., CHAP. 61 (1903). VOL. I. OTTAWA PRINTED BY SAMUEL EDWARD DAWSON, LAW PRINTER TO THE KING'S MOST EXCELLENT MAJESTY, FROM THE ROLL OF THE SAID REVISED STATUTES DEPOSITED IN THE OFFICE OF THE CLERK OF THE PARLIAMENTS, AS AUTHORIZED BY THE SAID ACT, 3 EDWARD VII., CHAP. 61, 1903 1906 ■ TABLE OF CONTENTS. . .v / VOLUME I. Chap. Title. Page. Revised Statutes of Canada, 1906, Act ix Proclamation '. xiii 1. Interpretation Act 1 2. Publication of Statutes Act 15 3. Governor General's Act 19 4. Salaries Act 21 5. Representation Act 23 6. Dominion Elections Act 57 7. Dominion Controverted Elections Act 153 8: Corrupt Practices Inquiries Act 183 9. Disfranchising Act 191 10. Senate and House of Commons Act 197 11. House of Commons Act 207 12. Speaker of the Senate's Act 213 13. Speaker of the House of Commons' Act 215 14. Library of Parliament Act 217 15. High Commissioner's Act 219 16. Civil Service Act 221 17. Civil Service Superannuation and Retirement Act 245 18. Civil Service Insurance Act 253 19. Public Officers Act 257 20. Contingencies Act 269 21. Department of Justice Act 273 22. Solicitor General's Act 275 23. Department of Finance and Treasury Board Act 277 24. Consolidated Revenue and Audit Act 281 iii R.S., 1906. 988122 iv Table of Contents. Chap. Title. Page. 25. Currency Act 311 26. Ottawa Mint Act 315 27. Dominion Notes Act 317 2.8. Provincial Subsidies Act. . . . ■ 321 29. Bank Act 327 30. Savings Bank Act 383 31. Penny Bank Act 395 32. Quebec Savings Bank Act 407 33. Savings Deposits Returns Act 421 34. Insurance Act 423 35. Department of Railways and Canals Act 465 36. Government Railways Act 473 37. Railway Act 493 33. Passenger Tickets Act 647 39. Public Worts Act 651 40. Government Works Tolls Act 663 41. Militia Act 669 42. Militia Pension Act 699 43. Royal Military College Act 707 44. Department of Marine and Fisheries Act. 711 45. Fisheries Act 715 46. Deep Sea Fisheries Act 741 47. Customs and Fisheries Protection Act 743 48. Customs Act 751 49. Customs Tariff -827 50. Export Act 889 volume n. 51. Inland Revenue Act 893 52. Weights and Measures Act 1001 53. Electrical Units Act 1025 R.S., 1906. Table of Contents. v Chap. Title. Page. 54. Department of Interior Act 1029 55. Dominion Lands Act 1031 56. Dominion Forest Reserves Act 1103 57. Public Lands Grants Act 1113 58. Ordnance and Admiralty Lands Act 1115 59. Railway Belt Act 1125 60. Rocky Mountains Park Act 1127 61. Irrigation Act 1131 62. Northwest Territories Act 1151 63. Yukon Act 1175 64. Yukon Placer Mining Act 1197 65. Geological Survey Act 1221 66. Post Office Act ?. . . 1225 67. Department of Agriculture Act 1263 68. Census and Statistics Act 1265 69. Patent Act 1277 70. Copyright Act 1297 71. Trade Mark and Design Act 1311 72. Timber Marking Act 1323 73. Experimental Farm Stations Act 1327 74. Quarantine Act 1331 75. Animals Contagious Diseases Act 1335 76. Department of State Act 1347 77. Naturalization Act 1349 78. Oaths of Allegiance Act 1371 79. Companies Act 1373 80. Public Printing and Stationery Act 1435 81. Indian Act 1445 82. Department of Trade and Commerce Act 1501 83. Manitoba Grain Act L503 84. Cullers Act 1537 85. Inspection and Sale Act 1555 R.S., 1906. vi 1'able of Contents. Chap. Title. Page. 86. Petroleum and Naphtha [nspection Act 1643 87. Gas Inspection Act 1655 88. Electric Light [nspection Act 1669 89. Water Meters Inspection Act 1677 90. Gold and Silver Marking Act 1683 91. Royal Northwest Mounted Police Act 1689 92. Dominion Police Act 1707 93. Immigration Act 1709 94. Immigration Aid Societies Act 1729 95. Chinese Immigration Act 1735 96. Conciliation and Labour Act 1743 97. Alien Labour Act 1753 98. Wages -Liability Act 1757 99. Manitoba Supplementary Provisions Act 1761 100. Saskatchewan and Alberta Roads Act 1771 101. Demise of the Crown Act 1773 102. Public Documents Act 1775 103. Satisfied Securities Act 1777 104. Inquiries Act 1779 105. Marriage Act 1783 106. Dominion Day Act \ 1785 107. Victoria Day Act 1787 108. Ferries Act 1789 109. Bridges Act 1793 110. Land Titles Act 1799 VOLUME III. 111. Government Vessels Discipline Act 1871 112. Government Harbours and Piers Act 1877 113. Canada Shipping Act 1881 114. United States Wreckers Act 2123 R.S.,1906. Table of Contents. vii Chap. Title. Page. 115. Navigable Waters Protection Act 2125 116. Dry Docks Subsidies Act 2133 117. Quebec Harbour and River Police Act 2137 118. Bills of Lading Act 2141 119. Bills of Exchange Act 2143 120. Interest Act 2187 121. Pawnbrokers Act 2191 122. Money Lenders Act. . 2195 123. Pension Fund Societies Act 2197 124. Boards of Trade Act. 2201 125. Trade Unions Act • 2211 126. Telegraphs Act 2221 127. San Jose Scale Act 2233 128. Seed Control Act 2235 129. Seed Grain Sureties Act 2241 130. Live Stock Shipping Act 2243 131. Live Stock Pedigree Act 2247 132. Fertilizers Act 2251 133. Adulteration Act 2257 134. Canned Goods Act 2273 135. Public Works Health Act " 2275 136. Leprosy Act 2277 137. Canada Medical Act 2283 138. Judges Act 2293 139. Supreme Court Act 2305 140. Exchequer Court Act 2329 141. Admiralty Act 2349 142. Petition of Right Act 2355 143. Expropriation Act 2359 144. Winding-up Act 2371 145. Canada Evidence Act 2407 146. Criminal Code 2419 R.S., 1906. viii Table of Contents. Chap. Title. Page. 147. Penitentiary Art 2781 148. Prisons and Reformatories Aet . . 2807 149. Identification of Criminals Act 2841 150. Ticket of Leave Act 2843 151. Northwest Game Act 2849 152. Canada Temperance Act 2857 153. Lord's Day Act 2917 154. Fugitive Offenders' Act 2923 155. Extradition Act 2929 Schedule A. — Acts and parts of Acts repealed 2941 VOLUME IV. Appendix I. — History and disposal of Acts 2961 Appendix II. — Table of Acts and parts of Acts consolidated. . . 3001 Appendix III. — Containing : The British North America Act, 1867 3089 Rupert's Land Act, 1868 3125 The British North America Act, 1871 3129 The Parliament of Canada Act, 1875 3131 The British North America Act, 1886 3133 The Manitoba Act, 33 Victoria, Chapter 3 (Canada) 3135 Her Majesty's Order in Council admitting Rupert's Land and the Northwest Territory 3143 Her Majesty's Order in Council admitting British Columbia. 3165 Her Majesty's Order in Council admitting Prince Edward Island.-.' 3175 The Alberta Act, 4-5 Edward VII., Chapter 3 (Canada) . . . 3183 The Saskatchewan Act, 4-5 Edward VIL, Chapter 42 (Canada) . . . . ' 3201 Index. R.S., 1906. IX 6-7 EDWARD VII. H An Act respecting the Revised Statutes, 1906. [Assented to 30th January, 1907.] IS Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — SHORT TITLE. 1. This Act may be cited as the Eevised Statutes of Canada, Short title - 1906, Act. INTERPRETATION. 2. This Act shall be subject to the same rules of construction Rules of con- as The Eevised Statutes, 1906. Btruction. SANCTION. 3. The Revised Statutes of Canada, 1906, are hereby con- r. s., 1908, firmed and declared to have and to have had, on, from and after confimifd. the thirty-first day of January, 1907, the force of law as if herein enacted. 2. The marginal notes thereon, the reference to former enact- Marginal ments at the foot of the sections, and the explanatory notes and notes, tables inserted by the Commissioners, shall form no part of the ^ rencea ' said Eevised Statutes, and shall be held to have been inserted for convenience only, and may be corrected or omitted. REPEAT.. 4. The several Acts enumerated in schedule A to the said Acts in Eevised Statutes are hereby declared to be and to have been, repealed. A on, from and after the last mentioned date, repealed to the extent mentioned in the said schedule. 5. The repeal of the said Acts or parts of Acts shall not, — Repeal not to (a) revive any Act or provision of law repealed by them ; or, revive °. r be (b) prevent the effect of any saving clause in the said Acts and parts of Acts, or the application of any of the said Acts, or parts of Acts, or of any Act or provision of law formerly in force, to any transaction, matter or thing anterior to the said repeal to which they would otherwise apply. 6. The repeal of the said Acts and parts of Acts shall not Repeal not to affect, — affect mat " ters anterior. ix (a ) E.S., 1906. x Revised Statutes of Canada, 1906. (a) any penalty, forfeiture or liability, civil or criminal, in- curred before the time of such repeal, or any proceedings for enforcing the same, had, done, completed or pending at the time of such repeal; (b) any indictment, information, conviction, sentence or prosecution, had, done, completed or pending at the time of such repeal ; (c) any action, suit, judgment, decree, certificate, execution, process, order, rule, or any proceeding, matter c«r thing whatsoever respecting the same, had, done, made, entered, granted, completed, pending, existing or in force at the time of such repeal; (d) any act, deed, right, title, interest, grant, assurance, descent, will, registry, by-law, rule, order in council, pro- clamation, regulation, contract, lien, charge, status, capa- city, immunity, matter or thing, had, done, made, acquired established or existing at the time of such repeal; or, (e) any office, appointment, commission, salary, allowance, security or duty, or any matter or thing appertaining thereto at the time of such repeal. Or affect any- 2. Such repeal shall not defeat, disturb, invalidate or pre- or 1 existhi dmg judicially affect any other matter or thing whatsoever, had, done, completed, existing or pending at the time of such repeal : Such matters but every such, — remain valid. ^ penalty, forfeiture, liability and proceeding; (b) indictment, information, conviction, sentence and pro- secution ; (c) action, suit, judgment, decree, certificate, execution, process, order, rule, proceeding, matter or thing; (d) act, deed, right, title, interest, grant, assurance, descent, will, registry, by-law, rule, order in council, proclamation, regulation, contract, lien, charge, status, capacity, immu- nity, matter or thing ; and, (e) office, appointment, commission, salary, allowance, se- curity, duty, matter or thing ; Continuance may and shall remain and continue as if no such repeal had rTs^woc i taken place, and, so far as necessary, may and shall be con- tinued, prosecuted, enforced and proceeded with under the said Revised Statutes, and other the statutes and laws having force in Canada, and subject to the provisions of the said several statutes and laws, as if no such repeal had taken place. r. s., 1906, 7. The said Revised Statutes shall not be held to operate as deemed b Jew new law? ' bllt slia11 be c011 * tvLied au etc - action, matter or thing, to be a reference to the enactments in the said Revised Statutes, having the same effect as such repealed Act or enactment. 9. The insertion of any Act in the said schedule A shall A * . t0 e £ ect ot insertion not be considered as a declaration that such Act or any part f an Act in of it was or was not in force immediately before the coming Schedule A. into force of the said Revised Statutes. FRENCH VERSION. 10. The Governor in Council may appoint two or more Governor in competent persons to prepare the French version of the said appoint Revised Statutes, and they shall proceed as speedily as possible translators. to make and complete such version and report the same to the Report. Governor in Council. 2. The Governor General shall thereupon cause a printed R°H t° be Roll of the version so made and reported, attested under epos the signature of the Governor General and that of the Clerk of the Parliaments, to be deposited in the office of the said Clerk, and such Roll shall be deemed to be the authentic Deemed original French version of the said statutes, and as such shall authentic and o ' £q hfivc toroc have the force of law as if herein enacted. of law. EVIDENCE. 11. Copies of the said Revised Statutes, either in the Copies by English or French language, purporting to be printed by the prSSer to be King's Printer, shall be evidence of the said Revised Statutes evidence, and of their contents. DISTRIBUTION. 12. The laws relating to the distribution of the printed ^venio^ in 7 copies of the statutes shall not apply to the said Revised Council. Statutes, but the same shall be distributed in such numbers and to such persons only as the Governor in Council directs. CITATION. 13. Any chapter of the said Revised Statutes may be cited Citation of and referred to in any Act or proceeding whatsoever, cither by '• s • 1906 - its R.S., 1906. xii Revised Statutes of Canada, 1006. it- title as an Act, or bv its short title, or by using the expres- sion The Revised Statute, 1006, respecting — , adding the re- mainder of the title given at the beginning of the particular chapter, or by using the expression The Revised Statutes, 1006, or The Revised Statutes of Canada, 1906, chapter , adding the number of the particular chapter in the copies printed by the King's Printer. PRINTING. be^prhued 14, Tllis Act slia11 he printed with the said Revised Statutes. with R. S., 1906> COMMENCEMENT. 31st _ January, 15, This Act shall come into force on the thirty-first day of January, 1907. FORMER LEGISLATION CORRECTED AND REPEALED. 1903, c. 61. 16. The preamble of the Act respecting the Revised Statutes Interpreta- f Canada, 3 Edward VII., chapter 61, shall be read as having preamble included, and shall be deemed to. have always included, the * n( ] words " and The Revised Statutes of 1886," immediately after the words " 1886," in the fourth line thereof. 3 E. VII., c. 2. The last mentioned Act, and the Act amending it, 4 vii aD c 36 E Edward VII., chapter 36, are hereby repealed. repealed. R.S., 1906. PROCLAMATION. GREY. [L.S.] CANADA. Edward the Seventh, by the Grace of God, of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, King, Defender of the Faith, Emperor of India. To all to whom these presents shall come, or whom the same may in any- wise concern, — Greeting : A PROCLAMATION. A. B. AYLESWORTH, "I TIT HERE AS in and by an Act of the Attorney General, > \ Y Parliament of Canada passed in the Canada. J session thereof held in the third year of Our Reign, chaptered sixty-one, and intituled ' An Act respecting the Revised Statutes of Canada,' it is recited that it has been found expedient to revise, classify and consolidate the public general statutes of Canada ; and that such revision, classification and consolidation are being made by Commissioners appointed by a certain Commission under the Great* Seal of Canada bearing date the 21st day of November, 1902 ; and that it is expedient to provide for the incorporation therewith of the public general statutes passed during the said session and subsequent thereto, and for giving the force of law to the body of the Revised Statutes to result from such incorporation. And Whereas it is thereupon by the said Act, as it is amended by an Act of the said Parliament passed in the next following session thereof, chaptered thirty-six, and intituled ' An Act to amend chapter 61 of the Statutes of 1903, respecting the Revised Statutes of Canada,' amongst other things in effect enacted as follows : — That so soon as the said Commissioners or a majority of them shall report in writing the completion of the said consolidation, including therein such Acts or parts of Acts passed during the said session held in the third year of Our reign and subsequent thereto as the Governor General may deem advisable to be so included, the Governor General may cause a printed Roll thereof, attested under his signature and that of the Clerk of the Parliaments to be deposited in the office of such Clerk; and that such Roll shall be held to be the original of the said statutes so revised, classi- fied and consolidated; but that the marginal notes thereon, the reference to former enactments at the foot of the sections, and the explanatory note* and tables inserted by the Commissioners, shall form no part of the said statutes, and shall be held to have boon inserted for convenience only, and may be corrected or omitted : xiii And R.S., 1906. •xiv Proclamation. And that there shall be appended to the said Roll a Schedule A similar in form to Schedule A appended to the Revised Statutes of Canada, 1SSG ; and that the Commissioners may include in the said Schedule all Acta and parts of Acts which, though not expressly repealed, are superseded by the Acts so consolidated, or are inconsistent therewith, and all Acts and parts of Acts which were for a temporary purpose, the force of which is spent ; And that the said Commissioners in consolidating the said statutes and in incorporating therewith the Acts or parts of Acts passed subsequent thereto and selected for inclusion therein as above provided may make such alterations in their language as are requisite in order to preserve a uniform mode of expression, and may make such minor amendments ms are necessary to bring out more clearly what they deem to be the intention of Parliament or to reconcile seemingly inconsistent enactments, or to correct clerical or typographical errors; And that the Governor in Council, after such deposit of the said Roll may, by proclamation, declare the day on, from and after which the same shall come into force and have effect as law, by the designation of ' The Revised Statutes of Canada, 190 .';. And that on, from and after such day, the same shall accordingly come into force and effect as, and by designation of, ' The Revised Statutes of Canada, 190 ,' to all intents as if the same were expressly embodied in and enacted by the said Act to come into force and have effect on, from and after such day ; And that on, from and after such day, all the enactments in the several Acts and parts of Acts in such Schedule A mentioned shall stand and be repealed to the extent mentioned in the third column of the said Schedule A, and subject to the provisions of sections six and seven of the said Act; And whereas Our said Commissioners, so appointed as aforesaid, have completed the said consolidation and have included therein certain Acts and parts of Acts passed during the sessions of the said Parliament held respectively in the third, the fourth, the fourth and fifth, and the sixth sessions of Our reign, and have reported in writing the completion of the said consolidation ; And whereas Our Governor General in Council has approved of and deems advisable the inclusion of the Acts and parts of Acts so included as aforesaid ; And whereas Our Governor General has caused a printed Roll of the said consolidation, attested under His signature and that of the Clerk of the Parliaments, to be deposited in the office of the said Clerk of the Parliaments ; And whereas there is appended to the said Roll a Schedule A con- forming to the prescription of the said Act, so amended as aforesaid ; And whereas Our said Commissioners have otherwise complied with the provisions of the said Act as so amended ; Now Know Ye that, by and with the advice of Our Privy Council for Canada, We do, by these presents, proclaim and declare that on, from and after the thirty-first day of January, 1907, the said Roll so attested and R.S., 1906. Proclamation. xv and deposited as aforesaid shall come into force and have effect as law by the designation of ' The Revised Statutes of Canada, 1906.' Of all which Our loving subjects and all others whom these presents may concern, are hereby required to take notice and to govern themselves accordingly. In Testimony Whereof, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed. Witness, Our Right Trusty and Right Well-Beloved Cousin the Right Honourable Sir Albert Henry George, Earl Grey, Viscount Howick, Baron Grey of Howick, in the County of Nor- thumberland, in the Peerage of the United Kingdom, and a Baronet; Knight Grand Cross of Our Most Distinguished Order of Saint Michael and Saint George, etc., etc., Governor General and Commander in Chief of Our Dominion of Canada. At Our Government House, in Our City of Ottawa, this Twenty- fifth day of January, in the year of Our Lord one thousand nine hundred and seven, and in the seventh year of Our Reign. By Command, R. W. SCOTT, Secretary of State. R.S., 1906. THE KEVISED STATUTES OP C^lN^lDA., 1906. CHAPTER 1. An Act respecting the Form and Interpretation of Statutes. SIIOET TITLE. 1. This Act may be cited as the Interpretation Act. U.S., Short title, c. 1, s. 1. APPLICATION. 2. Every provision of this Act shall extend and apply to To every every Act of the Parliament of Canada, now or hereafter passed, Act - except in so far as any such provision, — (a) is inconsistent with the intent or object of such Act; or, Exceptions. (b) would give to any word, expression or clause of any such Act an interpretation inconsistent with the context; or, (c) is in any such Act declared not applicable thereto. 2. Tim omission in any Act of a declaration that this Act No declara- applies thereto, shall not be construed to prevent its so applying, *!™ hTany although such a declaration is expressed in some other Act Act. or Acts of the same session. R.S., c. 1, s. 2. 3. Xothing in this Act shall exclude the application to any Rules of con- Act of any rule of construction applicable thereto, and not eluded not inconsistent with this Act. U.S., c. 1, s. 7. 1 1 4. R.S., 1906. This Act applies to itself. Chap. 1. Interpretation. 4. The provisions of this Act shall apply to the construc- tion thereof, and to the words and expressions used therein. R.S., c. 1, s. 9. Enacting clause. FORM OF ENACTING. 5. The enacting clause of a statute may be in the following form : — ' His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as fol- lows.' R.S., c. 1, s. 3. Order of clauses. 6. The enacting clause shall follow the preamble, if any, and the various clauses within the purview or body of the statute shall follow in a concise and enunciative form. R.S., c. 1, s. 4. TIME OF COMMKNCKMKXT. To be endorsed. Endorsement part of Act. 7. The Clerk of the Parliaments shall endorse on every Act, immediately after the title thereof, the day, month and year when the Act was, by the Governor General, assented to in His Majesty's name, or reserved by him for the signification of His Majesty's pleasure thereon ; and in the latter case, the Clerk shall also endorse thereon the day, month and year when the Governor General signified, either by speech or message to the Senate and House of Commons, or by proclamation, that such Act had been laid before His Majesty in Council, and that His Majesty had been pleased to assent to the same. 2. Such endorsement shall be taken to be a part of the Act, and - the date of such assent or signification, as the case may be, shall be the date of the commencement of the Act, if no later commencement is therein provided. U.S., c. 1, s. 5. AMENDMENT OR REPEAL,. In same session. 8. Any Act may be amended, altered or repealed by an Act passed in the same session of the Parliament. R.S., c. 1, s. 6. RULES OF CONSTRUCTION. Every Act 9. Every Act of the Parliament of Canada shall, unless the Canada t0 aU contrary intention appears, apply to the whole of Canada. Amending 2. No Act amending a previous Act which does not apply Acts. to all the provinces of Canada, and no enactment in any such amending Act, although of a substantive nature or form, shall apply to any province to which the amended Act does not apply, unless it is expressly provided that such amending Act or enact- ment shall apply to such province, or to all the provinces of Canada. R.S., c. 1, s. 7. 2 10. R.S., 1906. Interpretation. Chap. 1. 3 10. The law shall be considered as always speaking, and Lfnv always whenever any matter or thing is expressed in the present tense, Bpea lnR ' the same shall be applied to the circumstances as they arise, so that effect may be given to each Act and every part thereof, according to its spirit, true intent and meaning. R.S., c. 1, s. 7. 1 1 . Where an Act, or any order in council, order, warrant, When to scheme, letters patent, rule, regulation, or by-law, made, operation, granted, or issued, under a power conferred by any Act, is expressed to come into operation on a particular day, the same shall be construed as coming into operation immediately on the expiration of the previous day. 6 E. VII., c. 21, s. 1. 12. Where an Act is not to come into operation immediately Preliminary on the passing thereof, and confers power to make any appoint- p 1 " 00 ^^ 11 ^ ment, to make, grant, or issue any instrument, that is to say, any order in council, order, warrant, scheme, letters patent, rule, regulation, or by-law, to give notices, to prescribe forms, or to do any other thing for the purposes of the Act, that power may, unless the contrary intention appears, so far as may be necessary or expedient for the purpose of making the Act effective at the date of the commencement thereof, be exercised at any time after the passing of the Act, subject to this restriction, that any instrument made under the power shall not, unless the contrary intention appears in the Act, or the contrary is necessary for making the Act effective from its commencement, come into operation until the Act comes into operation. 6 E. VII., c. 21, s. 2. 13. Every Act shall, unless by express provision it is de- Acts to be clared to be a private Act, be deemed to be a public Act. E.S., ^S^ c. 1, s. 7. 14. The preamble of every Act shall be deemed a part Preamble thereof, intended to assist in explaining the purport and object a part - of the Act. E.S., c. 1, s. 7. 15. Every Act and every provision and enactment thereof. Every Act shall be deemed remedial, whether its immediate purport is to reiliedial - airect the doing of any tiling which Parliament deems to ho for the public good, or to prevent or punish the doing of any thing which it deems contrary to the public good; and shall accord- ingly receive such fair, large and liberal construction and inter- pretation as will best ensure the attainment of the object of the Aot and of surli provision or enactment, according t" it- true intent, meaning and spirit. U.S., <-. 1, s. 7. H 3 16. R.S.. L906. Chap. 1. Interpretation. His Majesty 16, No provision or enactment in any Act shall affect, in not bound. ^^ manner whatsoever, the rights of His Majesty, his heirs or successors, unless it is expressly stated therein that His Majesty shall be bound thereby. R.S., c. 1, s. 7. Private Acts. Powers of Parliament reserved. Bank charters. Effect of repeal. If other provisions substituted. R.S., 1906. 17. No provision or enactment in any Act of the nature of a private Act shall affect the rights of any person, save only as therein mentioned or referred to. R.S., c. 1, s 7. 18. Every Act shall be so construed as to reserve to Par- liament the power of repealing or amending it, and of revoking, restricting or modifying any power, privilege or advantage thereby vested in or granted to any person, whenever such re- peal, amendment, revocation, restriction or modification is deemed by Parliament to be required for the public good. 2. Unless it is otherwise expressly provided in any Act passed for the chartering of any bank, it shall be in the dis- cretion of Parliament, at any time thereafter, to make such provisions and impose such restrictions, with respect to the amount and description of notes which may be issued by such bank, as to Parliament appears expedient. R.S., c. 1, s. 7. 19. Where any Act or enactment is repealed, or where any regulation is revoked, then, unless the contrary intention appears, such repeal or revocation shall not, save as in this sec- tion otherwise provided, — (a) revive any Act, enactment, regulation or thing not in force or existing at the time at which the repeal or revoca- tion takes effect; or, (b) affect the previous operation of any Act, enactment or regulation so repealed or revoked, or anything duly done or suffered thereunder ; or, (c) affect any right, privilege, obligation or liability ac- quired, accrued, accruing or incurred under the Act, enact- ment or regulation so repealed or revoked ; or, (d) affect any offence committed against any Act, enactment or regulation so repealed or revoked, or any penalty or forfeiture or punishment incurred in respect thereof; or, (e) affect any investigation, legal proceeding or remedy in respect of any such privilege, obligation, liability, pen- alty, forfeiture or punishment as aforesaid ; and any such investigation, legal proceeding or remedy may bo instituted, continued or enforced, and any such penalty, for- feiture or punishment may be imposed, as if the Act or regula- tion had not been repealed or revoked. 2. If other provisions are substituted for those so repealed or revoked, then, unless the contrary intention appears, — (a) all officers and persons acting under the Act, enact- ment or regulation so repealed or revoked shall continue to act, as if appointed under the provisions so substituted, until others are appointed in their stead; and, 4 (b) Interpretation. Chap. 1. i (b) all proceedings taken under the Act, enactment or regu- lation so repealed or revoked, shall he taken up and con- tinued under and in conformity with the provisions so substituted, so far as consistently may be; and, (c) in the recovery or enforcement of penalties and forfeit- ures incurred, and in the enforcement of rights exist- ing or accruing under the Act, enactment or regulation so repealed or revoked, or in any other proceedings in relation to matters which have happened before the repeal or revocation, the procedure established by the substituted provisions shall be followed as far as it can be adapted; and, (d) if any penalty, forfeiture or punishment is reduced or mitigated by any of the provisions of the Act or regula- tion whereby such other provisions are substituted, the penalty, forfeiture or punishment, if imposed or adjudged after such repeal or revocation, shall be reduced or miti- gated accordingly. R.S., c. 1, s. 7. 20. Whenever any Act or enactment is repealed, and other Effect of provisions are substituted by way of amendment, revision or ^soh'd, 01 ^ consolidation, — tion. (a) all regulations, orders, ordinances, rules and by-laws made under the repealed Act or enactment shall continue good and valid, in so far as they are not inconsistent with the substituted Act or enactment, until they are annulled and others made in their stead ; and, (b) any reference in any unrepealed Act, or in any rule, order or regulation made thereunder to such repealed Act or enactment, shall, as regards any subsequent transaction, matter or thing, be held and construed to be a reference to the provisions of the substituted Act or enactment re- lating to the same subject-matter as such repealed Act or enactment; and, if there is no provision in the substi- tuted Act or enactment relating to the same subject-mat- ter, the repealed Act or enactment shall stand good, and be read and construed as unrepealed in so far, and in so far only, as is necessary to support, maintain or give effect to such unrepealed Act, or such rule, order or regu- lation made llioreunder. R.S., c. 1, s. 7. 21. The repeal of any Act or enactment shall not be deemed Repeal, to be or to involve a declaration that such Act or- enactment was, or was considered by Parliament to have been, previously in force. 2. The amendment of any Act shall not be deemed to be or Amendment, to involve a declaration that the law under such Act was, or was considered by Parliament to have been, different from (he law as it has become under such Act as so amended. 5 3. R.S., 1906. Chap. 1, Interpretation. Repeal or amendment. Re-enact- ment. Does not adopt judi- cial construc- tion. 3. The repeal or amendment of any Act shall not be deemed to be or to involve any declaration whatsoever as to the previous state of the law. 4. Parliament shall riot, by re enacting any Act or enactment, or by revising, consolidating or amending the same, be deemed to have adopted the construction which has, by judicial decision or otherwise, been placed upon the language used in such Act, or upon similar language. 53 V., c. 7, s. 1. 22. An amending Act shall, so far as is consistent with the Amendment Act. tenor thereof, be construed as one with the Act which it amends. 6 E. VII., c. 21, s. 3. Proclama- tion to be inn do upon advice. Officers during pleasure. Oath, who may adminis- ter. 23. When the Governor General is authorized to do any act by proclamation, such proclamation is understood to be a pro- clamation issued under an order of the Governor in Council; but it shall not be necessary that it be mentioned in the procla- mation that it is issued under such order. U.S., c. 1, s. 7. 24. All officers now appointed or hereafter appointed by the Governor General, whether by commission or otherwise, shall remain in office during pleasure only, unless it is otherwise expressed in their commissions or appointments. R.S., c. 1, s. 7. 25. Whenever by any Act of Parliament, or by a rule of the Senate or House of Commons, or by an order, regulation or commission made or issued by the Governor in Council, under any law authorizing him to require the taking of evidence under oath, evidence under oath is authorized or required to be taken, or an oath is authorized or directed to be made, taken or administered, the oath may be administered, and a certificate of its having been made, taken or administered, may be given by any one authorized by the Act, rule, order, regulation or commission to take the evidence, or by a judge of any court, a notary public, a justice of the peace, or a commissioner for taking affidavits, having authority or jurisdiction within the place where the oath is administered. R.S., c. 1, s. 7. 26. If any sum of the public money is, by any Act, appro- priated for any purpose, or directed to be paid by the Governor General, ami no other provision is made respecting it, such sum shall be payable under warrant of the Governor General directed to ili<- .Minister of Finance and Receiver General, out of the Consolidated Revenue Fund of Canada. 2. All persons entrusted with the expenditure of any such sum, or any part thereof, shall account for the same in such manner and form, with such vouchers, at such periods and to such officer as the Governor General directs. R.S., c. 1, s. 7. Imprison- 27. If, in any Act. any person is directed to be imprisoned ment, where. or committed i" prison, such imprisonment or committal shall, if iin other place is mentioned or provided by laAV, be in or to 6 the R.S., 1906. Public moneys, tu be paid by warrant. Account. Interpretation. Chap. 1. 7 the common gaol of the locality in which the order for such imprisonment is made, or if there is no common gaol there, then in or to that common gaol which is nearest to such locality. 2. The keeper of any such common gaol shall receive such Keeper of person, and safely keep and detain him in such common gaol of duties under his custody until discharged in due course of law, or bailed, in cases in which bail may, by law, be taken. R.S., c. 1, s. 7. 28. Every Act shall be read and construed as if any offence for which the offender may be,— (a) prosecuted by indictment, howsoever such offence may indictable be therein described or referred to, were described or re- offence? - ferred to as an indictable offence ; and, (b) punishable on summary conviction, were described or Offeii referred to as an offence ; and, all provisions of the Criminal Code relating to indictable Criminal offences, or offences, as the case may be, shall apply to every c ,' ^ e to such offence. 2. Every commission, proclamation, warrant or other docu rroclama- ment relating to criminal procedure, in which offences which *|| ,n !' et j"' are indictable offences, or offences, as the case may be, are des- accordingly, cribed or referred to by any names whatsoever, shall be read and construed as if such offences were therein described and referred to as indictable offences, or offences, as the case may be. 55-56 V., c. 29, s. 536. 29. Unless the context otherwise requires, a reference in References any Act to, — " to (a) The Summary Convictions Act shall be construed as a Summary reference to Part XV. of the Criminal Code; Act™*" (b) The Summary Trials Act shall be construed as a refer- Summary ence to Part XVI. of the Criminal Code; Tri:lls Act. (c) The Speedy Trials Act shall be construed as a reference Speedy to Part XVill. of the Criminal Code. 55-56 V., c. 29, Trials Act - s. 537. 30. In every Act, unless the contrary intention appears, Incorpora- words making any association or number of persons a corpora- tlon - effect of tion or body politic and corporate shall, — (a) vest in such corporation power to sue and be sued, to contract and be contracted with by their corporate name, to have a common seal, to alter or change the same at their pleasure, to have perpetual succession, to acquire and hold personal property or movables for the purposes for which the corporation is constituted, and to alienate the same at pleasure ; and, (b) vest in a majority of the members of the corporation the power to l>inr defined by the Redistribution Act, 1902, chaptered fifty- eight of the British Columbia statutes of the year one thousand nine hundred and two ; (g) where provisional districts are referred to the districts intended are those mentioned in The Revised Statutes of Canada, chapter seven, respecting the representation of the Northwest Territories in the Parliament of Canada: (h ) excepl as hereinbefore otherwise provided, whenever any word or expression is used to denote the name of any terri- torial division such word or expression shall be held to refer to such territorial division as it existed and was defined on the twenty-fourth day of October, one thousand nine hundred and three; (i) wherever a municipality or place is referred to as a city or a town or a village, and there was on the twenty-fourth day of October, one thousand nine hundred and three, within the territorial limits of the electoral district in the description of which such reference occurs, a municipality or place of the same name which then was a city or a town or a village, but not of the class, — city, town or village, as the case may be, — specified, the reference shall be taken to be to that municipality or place. 3 E. VII., c. 60, ss. 5, 6 and sch. ; 4 E. VII., c. 35, s. 3. CONSTITUTION OF THE HOUSE OF COMMONS. Constitution of House of Commons. 3. The House of Commons shall consist of two hundred and fourteen members, of whom eighty-six shall be elected for the province of Ontario, sixty-five for the province of Quebec, eighteen for the province of Nova Scotia, thirteen for the pro- vince of New Brunswick, ten for the province of Manitoba, seven for the province of British Columbia, four for the pro- vince of Prince Edward Island, ten for the provinces of Sas- katchewan and Alberta and that part of the provisional district of Saskatchewan not included in the province of Saskatchewan, and one for the Yukon Territorv. 2 E. VII., c. 37, s. 2 ; 3 E. VIL, c. 60, s. 2 ; 4-5 E. VII., c. 3, s. 5, and c. 42, s. 5. ELECTORAL DISTRICTS AND REPRESENTATION. Electoral districts. 4. The several provinces and the Yukon Territory respec- tively shall for the purposes of the election of members to serve in the House of Commons be divided into electoral districts, represented as hereinafter provided. 2 E. VII., c. 37, s. 2 ; 3 E. VIL, c. 60, s. 3. One member 5. Each of the electoral districts enumerated or defined or electoral dis- constituted in or by the schedule to this Act shall return one trict except member, except the electoral districts of Ottawa, Halifax and 24 Queen's, R.S., 1906. Representation. Chap. 5. 3 Queen's, Prince Edward Island, which shall each return two in Ottawa, members. 2 E. VII., c. 37, s. 2 ; 3 E. VII., c. 60, sch. g^** and P.E.I. 6. Every town, village, township, parish or place lying Places not within the territorial limits of any electoral district, and not, speci by the schedule to this Act, specifically included in any other electoral district, shall be and be taken to be part of the electoral district in which it is so situated. 3 E. VII., c. 60, s. 4. SCHEDULE. ONTAKIO. There shall be, in the province of Ontario, eighty-five elec- toral districts, defined as follows: — 1. The county of Brant, exclusive of the electoral district of Brantford, as hereinafter defined, shall form and constitute the electoral district of Brant. 2. The county of Carleton, exclusive of the city of Ottawa and the townships of Gloucester and Osgoode, shall form and constitute the electoral district of Carleton. 3. The county of Dufferin shall form and constitute the electoral district of Dufferin. 4. The county of Dundas shall form and constitute the electoral district of Dundas. 5. The county of Durham shall form and constitute the electoral district of Durham. 6. The county of Frontenac, exclusive of the city of King- ston and the village of Portsmouth, shall form and constitute the electoral district of Frontenac. 7. The county of Glengarry shall form and constitute the electoral district of Glengarry. 8. The county of Grenville shall form and constitute the electoral district of Grenville. 9. The county of Haldimand shall form and constitute the electoral district of Haldimand. 10. The county of Halton shall form and constitute the elec- toral district of Halton. 11. The county of Leeds, exclusive of the electoral district of Brockville as hereinafter defined, shall form and constitute the electoral district of Leeds. 12. The county of Lennox and Addington shall form and constitute the electoral district of Lennox and Addington. 13. The county of Lincoln shall form and constitute the electoral district of Lincoln. 25 14. R.S., 1906. / Chap. 5. Representation. 14. The county of Norfolk shall form and constitute the electoral district of Xorfolk. • 15. The county of Peel shall form and constitute the elec- toral district of Peel. 16. The county of Prescott shall form and constitute the electoral district of Prescott. 17. The county of Prince Edward shall form and constitute the electoral district of Prince Edward. 18. The county of Russell, with the townships of Gloucester and Osgoode, and Rideau Ward of the city of Ottawa, shall form and constitute the electoral district of Russell. 19. The county of Stormont shall form and constitute the electoral district of Stormont. 20. The county of Victoria, with the provisional county of Haliburton, shall form and constitute the electoral district of Victoria. 21. The county of Welland shall form and constitute the electoral district of Welland. 22. The county of Wentworth, exclusive of the city of Ham- ilton, shall form and constitute the electoral district of Went- worth. 23. The territorial district of Muskoka shall form and con- stitute the electoral district of Muskoka. 24. The territorial district of Nipissing, with the townships of Clara, Head and Maria, shall form and constitute the elec- toral district of Nipissing. 25. The territorial district of Parry Sound shall form and constitute the electoral district of Parry Sound. 26. The territorial district of Thunder Bay, the eastern boundary thereof being shifted westerly to the meridian of eighty-five degrees twenty minutes west, as provided by section two of chapter twelve of the statutes of Ontario of 1901, and the territorial district of Rainy River, shall form and consti- tute the electoral district of Thunder Bay and Rainy River. 27. The city of Brantford, with the township of Oakland, and that part of the township of Brantford south and west of the Grand River, shall form and constitute the electoral district of Brantford. 28. The town of Brockville, the township of Elizabethtown, the township of Yonge and Escott, Front, the township of Yonge and Escott, Rear, and the village of Athens shall form and constitute the electoral district of Brockville. 29. The city of Kingston, including the village of Ports- mouth, shall form and constitute the electoral district of Kingston. 30. The city of London shall form and constitute the elec- toral district of London. 31. The city of Ottawa, exclusive of Rideau Ward, shall form and constitute the electoral district of Ottawa. 26 II. R.S., 1906. Representation. Chap. 5. 5 II. The following counties, cities, and territorial districts, with additions and exceptions as and where indicated, shall be divided as follows, each riding to be an electoral district: — 32. The territorial district of Algoma, the western boundary thereof being shifted westerly to the meridian of eighty-five degrees twenty minutes west, as provided by section two of chapter twelve of the statutes of Ontario of 1901, and the territorial district of Manitoulin, into two ridings, to be called respectively the east and west ridings of Algoma. (a) The east riding shall consist of the tract of territorv described as follows : The whole of the territorial district of Manitoulin and all that portion of the territorial district of Algoma which lies to the east of a line described as fol- lows: Commencing at a point in the southerly limit of the territorial district of Algoma where it is intersected by the production in a straight line southerly of the limit between the townships of Lef roy and Plummer Additional ; thence north along the said production and along the said limit to the northwest corner of the said township of Lefroy ; thence due north to the northerly limit of the said territorial dis- trict of Algoma. (b) The west riding shall consist of the tract of territory described as follows : — All the remaining portion of the territorial district of Algoma lying west of the line described in the next preceding paragraph, the western boundary being shifted westerly as aforesaid. 33. The county of Bruce, into two ridings, to be called respectively the north and the south ridings of Bruce. (a) The north riding shall consist of the townships of Albe- marle, Amabel, Arran, Bruce, Eastnor, Kincardine, Lind- say, Saugeen and St. Edmunds, the towns of Kincardine and Wiarton, and the villages of Port Elgin, Southampton, Tara and Tiverton; (b) The south riding shall consist of the townships of Brant, Carrick, Culross, Elderslie, Greenock, Huron and Kinloss, the town of Walkerton, and the villages of Chesley, Luck- now, Paisley and Teeswater. 34. The county of Elgin, into two ridings, to be called res- pectively the east and the west ridings of Elgin. (a) The east riding shall consist of the townships of Bay- ham, Dorchester South, Malahide and Yarmouth, the town of Aylmer, and the villages of Port Stanley, Springfield and Vienna. (b) The west riding shall consist of the townships of Aldbo rough, Dunwich and South wold, the city of St. Thomas, and the town of Dutton. 35. The county of Essex, into two ridings, to be called respectivelv the north and the south ridings of Essex. 27 (a) R.S., 1906. Chap. 5. Representation. (a) The north riding shall consist of the townships of Maid- stone, Rochester, Sandwich East, Sandwich South and Sandwich West, the city of Windsor, the towns of Sand- wich and Walkerville, and the village of Belle River. (b) The south riding shall consist of the townships of Ander- don, Colchester North, Colchester South, Gosfield North, G 3field South, .Maiden, Mersea, Pelee, Tilbury North, Tilbury West, the towns of Amherstburg, Essex, Kings- ville and Leamington, and that portion of the village of Tilbury lying in the county of Essex. 36. The county of Grey, into three ridings, to he called respectively the east, the north and the south ridings of Grey. (a) The east riding shall consist of the townships of Arte- mesia, Collingwood, Euphrasia. Holland, Osprey and Proton, the town of Thornbury, and the villages of Dun- dalk and Markdale. (b) The north riding shall consist of the townships of Derby, Keppel, Sarawak, St. Vincent and Sydenham, and the towns of Meaford and Owen Sound. (c) The south riding shall consist of the townships of Bentinck, Eii'remont, Glenelg, Normanby and Sullivan, the town of Durham, and the village of Hanover. 37. The county of Hastings, into two ridings, to be called respectively the east and the west ridings of Hastings. (a) The east riding shall consist of the townships of Carlow, Cashel, Dungannon, Elzevir and Grimsthorpe, Hunger- ford, Limerick, Madoc, Mayo, Monteagle, Thurlow, Tudor and Tyendinaga, the town of Deseronto, and the villages of Madoc and Tweed. (b) The west riding shall consist of the townships of Bangor, Faraday, Hersehel, Huntingdon, Marmora and Lake, McClure, Rawdon, Sydney, Wicklow and Wollaston, the city of Belleville, the town of Trenton, and the villages of Marmora and Sterling. 38. The county of Huron, into three ridings, to be called respectively the east, the south and the west ridings of ILuron. (a) The east riding shall consist of the townships of Grey, Howick, Morris, Turnberry and Wawanosh East, the town of Wingham, and the villages of Blyth, Brussels and Wroxeter. (b) The south riding shall consist of the townships of Hay, M'Killop, Stanley, Stephen, Tuckersmith and Usborne, the town of Seaforth, and the villages of Bayfield, Exeter and Hensall. (c) The west riding shall consist of the townships of Ash- field, Colborne, Goderich, Hullett and Wawanosh West, and the towns of Clinton and Goderich. 39. The county of Kent, into two ridings, to be called respec- tivelv the east and the west ridings of Kent. 28' (a) R.S., 1906. Representation. Chap. 5. 1 (a) The east riding shall consist of the townships of Cam- den, Chatham, Howard, Orford and Zone, the towns of Bothwell, Dresden, Ridgetown and Wallaceburg, and the village of Thamesville. (b) The west riding shall consist of the townships of Dover East, Dover West, Harwich, Raleigh, Romney and Tilbury East, the city of Chatham, the town of Blenheim, and all that part of the village of Tilbury lying in the county of Kent. 40. The county of Lambton, into two ridings, to be called respectively the east and the west ridings of Lambton. (a) The east riding shall consist of the townships of Bosan- quet, Brooke, Enniskillen, Euphemia and Warwick, the towns of Forest and Petrolea, and the villages of Alvinston, Arkona, Oil Springs, Thedford and Watford. (b) The west riding shall consist of the townships of Dawn, Moore, Plympton, Sarnia and Sombra, the town of Sarnia, and the villages of Point Edward and Wyoming. 41. The county of Lanark, into two ridings, to be called respectively the north and south ridings of Lanark. (a) The north riding shall consist of the townships of Dal- housie, Darling, Lanark, Lavant, Pakenham, Ramsay and Sherbrooke North, the towns of Almonte and Carleton Place, and the village of Lanark. (b) The south riding shall consist of the townships of Bathurst, Beckwith, Burgess North, Drummond, Elmsley North, Montague and Sherbrooke South, and the towns of Perth and Smith's Falls. 42. The county of Middlesex, exclusive of the city of Lon- don, into three ridings, to be called respectively the east, the north and the west ridings of Middlesex. (a) The east riding shall consist of the townships of Dor- chester North, London, Nissouri West and Westminster. (b) The north riding shall consist of the townships of Ade- laide, Biddulph, Lobo, McGillivray, Williams East and Williams West, the town of Parkhill, and the villages of Ailsa Craig and Lucmi. (c) The west riding shall consist of the townships of Cara- doc, Delaware, Ekfrid, Metcalfe and Mosa, the town uf Strathroy, and the villages of Glencoe, Newbury and Wardsville. 43. The county of Northumberland, exclusive of the town- ship of.Monaghan South, into two ridings, to be called respec- tively the east and the west ridings of Northumberland. (a) The east riding shall consist of the townships of Brighton, Cramahe, .Murray, Percy and Seymour, and the villages of Brighton, Campbellford, Colborne and Hastings. (b) The west riding shall consist of the townships of Aln- wick, Haldiniand and Hamilton, and the town of <<>bourg. 1 I. The county of Ontario, into two ridings, to be called respectively the north and the south ridings of Ontario. 29 (a) R.S., 1906. Chap. 5. Representation. (a) The north riding shall consist of the townships of Brock, Mara, Rama, Scott, Thorah and Uxbridge, the town of Uxbridge, and the villages of Beaverton and Cannington. (b) The south riding shall consist of the townships of Pick- ering, Reach, Scugog, Whitby and Whitby East, the towns of Oshawa and Whitby, and the village of Port Perry. 45. The county of Oxford, into two ridings, to be called respectively the north and south ridings of Oxford. (a) The north riding shall consist of the townships of Bland- ford, Blenheim, Nissouri East, Zorra East and Zorra West, the city of Woodstock, and the village of Embro. (b) The south riding shall consist of the townships of Dere- ham, Norwich North, Norwich South, Oxford East, Oxford North, and Oxford West, the towns of Ingersoll and Tilsonburg, and the village of Norwich. 46. The county of Perth, into two ridings, to be called respectively the north and south ridings of Perth. (a) The north riding shall consist of the townships of East- hope North, Ellice, Elma, Mornington and Wallace, the city of Stratford, the town of Listowel, and the village of Milverton. (b) The south riding shall consist of the townships of Blan- chard, Downie, Easthope South, Fullarton, Hibbert and Losan, and the towns of Mitchell and St. Mary's. 47. The county of Peterborough, with the township of Monaghan South, into two ridings, to be called respectively the east and west ridings of Peterborough. (a) The east riding shall consist of the townships of Anstruther, Asphodel, Belmont, Burleigh, Chandoo, Douro, Dummer, Methuen and Otonabee, and the villages of Havelock, Lakefield and Norwood. (b ) The west riding shall consist of the townships of Caven- dish, Ennismore, Galway, Harvey, Monaghan North, Monaghan South and Smith, the town of Peterborough, and the village of Ashburnham. 48. T^he county of Renfrew, exclusive of the townships of Clara, Head and Maria, into two ridings, to be called respec- tively the north and south ridings of Renfrew. (a) The north riding shall consist of the townships of Algona North, Algona South, Alice, Bromley, Buchanan, Eraser, McKay, Pembroke, Petewawa, Rolph, Ross, Staf- ford, Westmeath, Wilberforce and Wylie, the town of Pembroke, the village of Cobden, and so much of the village of Eganville as lies within the township of Wilber- force. (b) The south riding shall consist of the townships of Admaston, Bagot, Blithfield, Brougham, Brudenell, Burns, Grattan, Griffith, Hagarty, Horton, Jones, Lyndoch, Matawatchan, McNab, Radcliffe, Raglan, Richards, Sebas- topol and Sherwood, the towns of Arnprior and Renfrew, 30 and R.S., 1906. Representation. Chap. 5. 9 and so much of the village of Eganville as lies within the township of Grattan. 49. The county of Simcoe, into three ridings, to be called respectively the east, the north and the south ridings of Sim- coe. (a) The east riding shall consist of the townships of Matche- dash, Medonte, Orillia North, Orillia South, Tay and Tiny, and the towns of Midland, Orillia and Penetan- guishene. (b) The north riding shall consist of the townships of Flos, Nottawasaga, Oro, Sunnidale and Vespra, the towns of Collingwood and Stayner, and the village of Creemore. (c) The south riding shall consist of the townships of Adjala, Essa, Gwillimbury West, Innisfil, Tecumseth and Tossorontio, the towns of Alliston and Barrie, and the villages of Beeton, Bradford and Tottenham. 50. The county of Waterloo, into two ridings, to be called respectively the north and the south ridings of Waterloo. (a) The north riding shall consist of the townships of North Waterloo, Wellesley and W T oolwich, the towns of Berlin and Waterloo, and the village of Elmira. (b) The south riding shall consist of the townships of North Dumfries, South Waterloo and Wilmot, and the towns of Ayr, Gait, Hespeler, New Hamburg and Preston. The township of Waterloo shall be divided, for the purpose of representation, into two townships, to be called respectively the township of North Waterloo and the township of South Waterloo: The township of North Waterloo shall include and consist of that part of the township of Waterloo lying within the following limits, that is to say : — Commencing at the south- west angle of lot number forty-six in said township, thence easterly along the southerly limits of said lot, and of lots numbers forty-seven, forty-eight, fifty, fifty-one and fifty-three, and the prolongation thereof, to the middle of the Grand River ; thence along the middle of the said river against the stream to the prolongation of the limit between lots numbers one hundred and thirteen and one hundred and fourteen, and along the pro- longation of the limit between the said lots numbers one hun- dred and thirteen and one hundred and fourteen, and along the limit between said lots numbers one hundred and thirteen and one hundred and fourteen, northerly and easterly, to the westerly limit of lot number one hundred and seven ; thence along the westerly limit of said lot number one hundred and seven, northerly, to the northerly limit thereof ; thence along the north- erly limits of said lot number one hundred and seven, and of lots numbers one hundred and six, eighty-four and ninety-six, easterly to the easterly boundary of said township ; thence along the easterly, northerly and westerly boundaries of Baid town- ship, in a northerly, westerly and southerly direction respec- tive! v, to the place of beginning: And the township of South 31 Waterloo R.S., 1906. 10 Chap. 5. Representation. Waterloo shall include and consist of .nil the remaining part of the said township of Waterloo. 51. The county of Wellington, into two ridings, to be called respectively the north and south ridings of Wellington. (a) The north riding shall consist of the townships of Arthur, Garafraxa West, Luther West, Maryborough, Minto and Peel, the towns of Harriston, Mount Forest and Palmerston, and the villages of Arthur, Clifford and Drayton. (b) The south riding shall consist of the townships of Eramosa, Erin, Guelph, Nichol, Pilkington and Puslinch, the city of Guelph, and the villages of Elora, Erin and Fergus. 52. The county of York, exclusive of the city of Toronto, into three ridings, to be called respectively the centre, the north and the south ridings of York. (a) The centre riding shall consist of the townships of Etobicoke, Markhain, Scarborough and Vaughan, and the villages of Markham, Richmond Hill, Weston and Wood- bridge. (b) The north riding shall consist of the townships of Georgina, Gwillimbury East, Gwillimbury North, King and Whitchurch, the towns of Aurora and Newmarket, and the villages of Holland Landing, Stouffville and Sutton. (c) The south riding shall consist of the township of York, and the towns of East Toronto, North Toronto, and Toronto Junction. 53. The city of Hamilton, into two electoral districts, to be called respectively Hamilton East and Hamilton West. (a) The electoral district of Hamilton East shall consist of wards 1, 6 and 7 of the said city. (b) The electoral district of Hamilton West shall consist of wards 2, 3, 4 and 5 of the said city. 54. The city of Toronto, into five electoral districts, as follows : — (a) The electoral district of Toronto Centre shall consist of all that portion of the city of Toronto described as f oIIoavs : — Commencing at the point of intersection of the centre line of Queen Street West by the centre line of Palmerston Avenue, thence northerly along the said centre line of Palmerston Avenue to the centre line of College Street; thence easterly along the centre line of College Street to the centre line of Spadina Avenue; thence southerly along the centre line of Spadina Avenue to the centre line of College Street ; thence easterly along the centre line of College Street to the centre line of Yonge Street; thence southerly along the centre line of Yonge Street to the centre line of Carleton Street ; thence easterly along the centre line of Carleton Street to the centre line 32 of R.S., 1906. Representation. \ Chap. 5. 11 of Sherbourne Street; thence southerly along the centre line of Sherbourne Street to the centre line of Queen Street East; thence westerly along the centre line of Queen Street, East and West, to the point of commencement. (b) The electoral district of Toronto East shall consist of all that portion of the city of Toronto bounded towards the west by a line described as follows: — Commencing at the southern limit of the city of Toronto where it is intersected by the production southerly of the centre line of the River Don Roadway on the west side of the river Don ; thence northwesterly along said production and said centre line to the centre line of Queen Street East ; thence westerly along the centre line of Queen Street East to the centre line of Sherbourne Street; thence northerly along the centre line of Sherbourne Street to the centre line of Bloor Street ; thence easterly along the centre line of Bloor Street produced easterly to the city limits at Castle Frank Avenue. (c) The electoral district of Toronto North shall consist of all that portion of the city of Toronto described as follows : — Commencing at the intersection of the north limit of the said city of Toronto by the centre line of Palmer- ston Avenue; thence southerly along the centre line of Palmerston Avenue to the centre line of College Street: thence easterly along the centre line of College Street to the centre line of Spadina Avenue ; thence southerly along tlie centre line of Spadina Avenue to the centre line of College Street; thence easterly along the centre line of College Street to the centre line of Yonge Street ; thence southerly along the centre line of Yonge Street to the centre line of Carleton Street; thence easterly along the centre line of Carleton Street to the centre line of Sher- bourne Street; thence northerly along the centre line of Sherbourne Street to the centre line of Bloor Street ; thence easterly along the centre line of Bloor Street produced easterly to the city limits at Castle Frank Avenue ; thence in a northerly and westerly direction following the north limits of the city of Toronto to the point of commence- ment. (d) The electoral district of Toronto South shall consist of all that portion of the city of Toronto, including Toronto Island, which lies to the south and west of a line described aa follows : — Commencing at the southern limit of the city of Toronto where it is intersected by the production south- erly of the centre line of the River Don Roadway on the west side of the river Don; thence northwesterly along the said production and the said centre line to the coin re li?ie of Queen Street East; thence westerly along the conn-' line of Queen Street, Easl and West, and its production westerly to the south limit of the said city of Toronto. (e) The electoral district of Toronto West shall consisl i l' 3 33 all R.S., 1906. 18 Chap. 5. § He presentation. all that portion of the city of Toronto bounded towards the east and south by a line described as follows: — Commen- cing at the intersection of the north limit of the said ci f y of Toronto by the centre line of Palmerston Avenue to the centre line of Queen Street "West; thence westerly along the centre line of Queen Street West and its production west- erly to the southern limits of the said city of Toronto. 3 E. VII., c. 60, s. 3 ; 4 E. VII., c. 35, s. 2. QUEBEC. There shall be in the province of Quebec sixty-five electoral districts, defined as follows : — 1. The counties of Bonaventure, Temiscouata, Kamouraska, L' Islet, Levis, Montmorency, Charlevoix, Dorchester, Compton, Stanstead, Shefford, Brome, Huntingdon, Beauharnois, Sou- langes, Vaudreuil, Pontiac and Maskinonge shall each, under their respective names, form and constitute an electoral district. R.S., c. 6, s. 3. 2. The county of Gaspe shall, together with the Magdalen Islands, and also with all that portion of the parish of St. Nor- bert du Cap Chat, canonically erected by decree bearing daie the tenth day of May, one thousand eight hundred and sixty- four, which, on and prior to the eighteenth day of September, one thousand eight hundred and sixty-five, formed part of the township of Romieux, in the county of Rimouski, form and constitute the electoral district of Gaspe. U.S., c. 6, s. 3. 3. The counties of Chicoutimi and Saguenay which include the island of Anticosti, shall together form and constitute the electoral district of Chicoutimi and Saguenay. U.S., c. 6, s. 3. 4. The county of Rimouski, exclusive of all that portion of the parish of St. ISTorbert du Cap Chat, as canonically erected by decree bearing date the tenth day of May, one thousand eight hundred and sixty-four, which, on or prior to the eigh- teenth day of September, one thousand eight hundred and sixty- five, formed part of the township of Romieux, in the county of Rimouski, shall form and constitute the electoral district of Rimouski. R.S., c. 6, s. 3. 5. The county of Montmagny, as affected by section one of the Act of the Legislature of the late province of Canada, passed in the twenty-eighth year of the reign of Her late Majesty Queen Victoria and chaptered nine, shall, together with all that northeastern part of the township of Armagh, in the county of Bellechasse, extending from lot number one to lot number thirty, inclusively, in the first and second ranges southeast of the Riviere du Sud and all that part of the township of Mailloux, lying to the northeast of the northeast range of the Mailloux Road, including lots numbers forty to forty-six, inclusively, in the first, second and third ranges, and lots numbers thirty-four to forty-six, inclusively, in the fourth, fifth and sixth ranges of the said township of Mailloux, which, on and prior to the seven- 34 teenth R.S.,1906. Representation. Chap. 5. 13 teenth day of May, one thousand eight hundred and eighty-two, formed part of the county of Bellechasse, form and constitute the electoral district of Montmagny. R.S., c. 6, s. 3. 6. The county of Bellechasse, as affected by the Act of the Legislature of the late province of Canada, passed in the twenty-eighth year of the reign of Her late Majesty Queen Victoria, and chaptered nine, excepting thereout all that north- eastern part of the township of Armagh extending from lot number one to lot number thirty, inclusively, in the first and second ranges southeast of the Riviere du Sud, and all that part of the township of Mailloux lying to the northeast of the northeast range of the Mailloux road, including lots numbers forty to forty-six, inclusively, in the first, second and third ranges, and lots numbers thirty-four to forty-six, inclusively, in the fourth, fifth and sixth ranges of the said township of Mailloux, which, on and prior to the seventeenth day of May, one thousand eight hundred and eighty-two, formed part of the said county of Bellechasse, shall form and constitute the electoral district of Bellechasse. R.S., c. 6, s. 3. 7. The electoral district of Quebec West, in the city of Quebec, shall consist of St. Peter's ward, Champlain ward, and so much of Montcalm ward as lies south of the centre of Artillery Street and its prolongation parallel to La Grande Allee to the city limits, with so much of the Banlieue as lies south of the said line prolonged to the western line of the said Banlieue, as such wards were constituted on the twenty-third day of April, one thousand eight hundred and sixty. R.S., c. 6, s. 3. 8. The electoral district of Quebec Centre, in the city of Quebec, shall consist of Palace ward, St. Louis ward, St. John's ward and so much of Montcalm ward and of the Banlieue as is not within Quebec West or Quebec East, as such wards were constituted on the twenty-third day of April, one thousand eight hundred and sixty. R.S., c. 6, s. 3. 9. The electoral district of Quebec East, in the city of Quebec, shall consist of St. Roch's ward and Jacques Cartier ward, and that portion of the Banlieue to the north of a line prolonged towards the southwest, from the southern extremity of Jacques Cartier ward, along the Cime du Cap to the south- western limit of the Banlieue, as such wards were constituted on the twenty-third day of April, one thousand eight hundred and sixty. R.S., c. 6, s. 3. 10. The county of Quebec, shall, together with the portion of the fourth and fifth ranges of the seigniory of Belair, com- prised between the seigniory of Gaudarville, on one side, and on the other side the land of Joseph Laurin, in the fourth range, and the land of Jean Cliche, in the fifth range, both lands included, which, by an Act passed by the Legislature of the province of Quebec in the thirty-first year of the reign of Her late Majesty Queen Victoria, chaptered twenty-nine, 3£ 35 was R.S., 1906. 14 Chap. 5. Representation. was annexed to and made to form part of the parish of St. Ambroise and of the county of Quebec, for provincial purposes, and, also, together with such portion of the parish of St. Felix du Cap Rouge (erected for civil purposes), as was, on and prior to the fourteenth d;iv of June, one thousand eight hundred and seventy-two, included in the county of Portneuf, form and constitute the electoral district of the county of Quebec. U.S., c. G, s. 3. 11. The county of Portneuf, excepting thereout such portion of the parish of St. Felix du Cap Rouge (erocted for civil purposes), as was, on and prior to the fourteenth day of June, one thousand eight hundred and seventy-two, included in the said county, shall, together with that portion of the fourth and fifth ranges of the seigniory of Belair, comprised, on and prior to the twenty-second day of May, one thousand eight hundred and sixty-eight, between the lands of Joseph Laurie.,' in the fourth range, and Jean Cliche, in the fifth range, exclusively, on one side, and the seigniory of Fossambault on the other side, and which, by an Act passed by the Legislature of the province of Quebec, in the thirty-first year of the reign of Her late Majesty Queen Victoria, chapter twenty-nine, was annexed to and made to form part of the parish of Ste. Catherine, and of the county of Portneuf, for provincial pur- poses, form and constitute the electoral district of Portneuf. R.S., c. 6, s. 3. 12. The county of Beauce shall, together with the township of Broughton, and that portion of the parish of St. Severin, which, on and prior to the twelfth day of April, one thousand eight hundred and seventy-six, formed part of the county of Lotbiniere, form and constitute the electoral district of Beauce. R.S., c. 6, s. 3. 13. The county of Lotbiniere, excepting thereout that por- tion of the municipality of the parish of St. Severin, which, on and prior to the twelfth of April, one thousand eight hundred and seventy-six, formed part of the said county, shall form and constitute the electoral district of Lotbiniere. R.S., c. 6, s. 3. 14. The county of Megantic, excepting thereout the town- ship of Broughton, shall, together with the first twelve lots in the first three ranges of the township of Stanfold, which form part of the parish of Notre Dame de Lourdes, also the lots in the fourth, fifth, sixth and seventh ranges of the said township forming part of the municipality of Somerset South, form and constitute the electoral district of Megantic. R.S., c. 6, s. 3 ; 3 E. VII., c. 60, s. 3. 15. The counties of Drummond and Arthabaska, excepting* thereout that part of the parish of St. Cyrille de Wendover annexed to the parish of St. Joachim de Courval, the thirteenth and fourteenth ranges of the township of Wendover, the town- ship of Aston, the parishes of St. Guillaume d' Upton and St. Bonaventure d'Upton, the first twelve lots, in the first three 36 ranges R.S., 1906. Representation. Chap. 5. 15 ranges of the township of Stanfold, which form part of the parish of Xotre Dame de Lourdes and the lots in the fourth, fifth, sixth and seventh ranges of the said township, forming part of the municipality of Somerset South, shall, together with that part of the parish of Ste. Helene, already municipally detached from the said parish to form part of the parish of St. Eugene de Grantham, form and constitute the electoral district of Drummond and Arthabaska. R.S., c. 6, s. 3 ; 3 E. VII., c. 60, s. 3. 16. The counties of Richmond and Wolfe shall together form and constitute the electoral district of Richmond and Wolfe. R.S., c. 6, s. 3. 17. The county of Champlain, excepting thereout the parish of Ste. Flore, shall form and constitute the electoral district of Champlain. R.S., c. 6, s. 3; 3 E. VII., c. 60, s. 3. IS. The city of Three Rivers, as it was constituted on the fifth day of September, one thousand eight hundred and fifty- nine, by section five of chapter two of the Consolidated Statutes for Canada, together with that portion of the parish of Three Rivers, from the south line of the township of Saint Maurice to the river St. Lawrence, and the county of St. Maurice, shall, with the parish of Ste. Flore, together form and constitute the electoral district of Three Rivers and St. Maurice. R.S., c. 6, s. 3 ; 55-56 V., c. 11, s. 2 ; 3 E. VII., e. 60, s. 3. 19. The county of Xicolet, excepting thereout that part of the parish of La Visitation de la Bienheureuse Vierge Marie, which was detached from the parish of Ste. Monique, shall together with the parishes of Ste. Brigitto, Ste. Eulalie, Ste. Perpetue and St. Samuel, the thirteenth and fourteenth ranges of the township of Wendover and the township of Aston, form and constitute the electoral district of Xicolet. R.S., c. 6, s. 3 ; 3 E. VII., c. 60, s. 3. 20. The county of Yamaska shall, together with the parishes of St. Guillaume d'Upton, St. Bonaventure d'Upton, that part of tlic parish of La Visitation de la Bionheureuse Vierge Marie, detached from the parish of Ste Monique, and that part of the parish of St. Cyrille de Wendover, annexed to the parish of Saint Joachim do Courval, form ami constitute the electoral district of Yamaska. R.S., c. 6, s. 3; 3 E. VTL, c. 60, 3. 3. 21. The electoral districl of Richelieu shall consist of the city of Sorel, the town of St. Ours, and the parishes of St. Roch, St. Joseph do Sorel, St. Ours, St. Louis de Bonsecours, St. Pierre do Sorel, St. Robert, Ste. Victoire, St. Aime. St. Marcel and Ste. Ami.' de Sorel. 56 V., c. 9, s. S; 3 E. VII.. c. 60, s. 3. 22. The electoral districl of Chambly and Vercheres shall consist of the town of Longueuil, the villages of Vercheres, Bouchorvillo, Chambly Basin, Chambly Canton and Varennes, the municipality of St. Lambert, and the parishes of Boucher- ville, Chambly, Longueuil, St. Basile Le Grand, St. Brun< 37 Hubert, R.S., 1906. 16 Chap. 5. Representation. Hubert, Varemies, Ste. Julie, Vercheres, Contrecoeur, Ste. The- odosie, St. Antoine, St. Marc and Belceil. 5G V., c. 9, s. 6. 23. The electoral district of Bagot shall consist of the town of Acton, the village of Upton, and the parishes of St. Andre d'Acton, St. Ephrem d'Upton, Ste. Ilelene, excepting thereout that part of -said parish of Ste. Helene municipally detached therefrom to form part of the said parish of St. Eugene de Grantham, St. Hugues, St. Liboire, St. Pie, Ste. Rosalie, St. Simon, St. Theodore d' Acton, St. Dominique, St. Nazaire and Ste. Christine. 3 E. VII., c. 60, s. 3. 24. The electoral district of Eouville shall consist of the villages of St. Cesaire, Marieville, Richelieu and Canrobert, and the parishes of St. Paul, L'An«;e Gardien, St. Cesaire, Notre Dame de Bonsecours, St. Michel de Rougemont, St. Jean Baptiste, St. Hilaire, Ste. Angele, Ste. Marie de Monnoir and St. Mathias. 56 V., c. 9, s. 5 ; 3 E. VII., c. 60, s. 3. 25. The electoral district of St. Johns and Iberville shall consist of the towns of St. Johns and Iberville, and the parishes of St. Jean l'Evangeliste, St. Luc, Ste. Marguerite de Blair- findie, (L'Acadie), St. Alexandre, Ste. Anne de Sabrevois, St. Athanase, Ste. Brigide, St. George de Henriville, St. Gregoire le Grand, St. Sebastien, St. Valentin and Lacolle, together with the islands situate in the river Richelieu opposite the parishes forming part of the said electoral district. 55-56 V., c. 11, s. 2 ; 3 E. VII., c. 60, s. 3. 26. The electoral district of St. Hyacinthe shall consist of the city of St. Hyacinthe, and the parishes of St. Hyacinthe le Confesseur, Notre Dame de St. Hyacinthe, St. Damase, La Presentation, St. Barnabe, St. Jude, St. Charlesy St. Denis and Ste. Marie Madeleine. 56 V., c. 9, s. 9. 27. The town of Sherbrooke shall form and constitute the electoral district of the town of Sherbrooke. R.S., c. 6, s. 3. 28. The electoral district of Missisquoi shall consist of the parishes of Notre Dame de Stanbridge and Notre Dame des Anges de Stanbridge, St. Thomas de Foucault, St. George de Clarenceville which includes the village of Clarenceville, that of St. Armand East which includes the village of Frelighsburg, that of St. Armand West which includes the village of Philips- burg, the parish of St. Ignace de Stanbridge, the township of Stanbridge, the town of Bedford, the municipalitv of Stan- bridge Station, the township of Dunham which includes the villages of Dunham, Cowansville and Sweetsburg, the west part of the township of Farnham and the town of Farnham. 55-^6 V., c. 11, s. 2 ; 3 E. VII., c. 60, s. 3. 29. The electoral district of Laprairie and Napierville shall consist of the villages of Laprairie, St. Remi and Napierville, the Indian village and reserve of Caughnawaga, and the parishes of Laprairie, St. Constant, St. Isidore, St. Jacques le Mineur, St. Philippe, St. Michel Archange, St. Patrice de Sherrington, St. Edouard, St. Cyprien and St. Remi. 55-56 V., c. 11, s. 2 ; 3 E. VET., c. 60, s. 3. 38 30. R.S., 1906. Representation. Chap. 5. 17 30. The electoral district of Chateauguay shall consist of the villages of Ormstown and St. Louis, and the parishes of St. Joachim de Chateauguay, Ste. Philomene, Ste. Martine, St. Urbain Premier, St. Malachie d'Ormstown, Tres Saint Sacrement, St. Antoine Abbe, Ste. Clothilde and St. Jean Chrysostome. 55-56 V., c. 11 ; 3 E. VII., c. 60, s. 3. 31. The electoral district of Berthier shall consist of the town of Berthier, the parishes of Berthier, Lanoraie, St. Bar- thelemi, St. Cuthbert, St. Damien, St. Gabriel de Brandon, St. Michel des Saints, Lavaltrie, St. ISTorbert, and La Visitation de Pile de Pads, and the township of Prevost. 58-59 V., c. 10, s. 1 ; 3 E. VII., c. 60, s. 3. 32. The electoral district of L'Assomption shall consist of the towns of L'Assomption and Laurentides, and the parishes of Lachenaie, L'Assomption, L'Epiphanie, Repentigny, St. Henri de Mascouche, St. Lin, St. Paul l'Hermite, St. Roch de l'Achi- gan and St. Sulpice. 55-56 V., c. 11; 3 E. VII., c. 60, s. 3. 33. The county of Joliette, excepting thereout that part of the township of Kildare, which, on and prior to the thirtieth day of June, one thousand eight hundred and sixty-four, formed part of the parish of St. Alphonse de Liguori, and was included in the said county, and excepting also the territory comprising the lots of lands numbers one, two and three, in the first range of the township of Kildare, shall, together with that part of the township of Brandon, which, on and prior to the twenty- second day of June, one thousand eight hundred and sixty- nine, formed part of the parishes of St. Felix de Valois, and St. Jean de Matha, and was included in the county of Berthier, the township of Courcelles and the northeast part of the town- ship of Joliette, form and constitute the electoral district of Joliette. R.S., c. 6, s. 3; 58-59 V., c. 10, s. 2. 34. The electoral district of Laval shall consist of the village of Ste. Rose, and the parishes of Ste. Dorothee, St. Francois dc Sales, St. Martin, Ste. Rose, St. Vincent de Paul, Sault- au-Recollet, St. Joseph de la Riviere des Prairies, St. Leonard de Port Maurice, Longue Pointe and Pointe-aux-Trembles. 55-56 V., c. 11, s. 2. 35. The electoral district of Hochelaga shall consist of the cities of Ste. Cunegonde, St. Henri and Cote St. Antoine and of St. Gabriel ward in the city of Montreal. 56 V., c. 9, s. 4. 36. The electoral district of Maisonneuve shall consist of the towns of Maisonneuve and Cote St. Louis, of the villages of Cote de-la Visitation and Mile End, and of Hochelaga and St. Jean Baptiste wards in the city of Montreal. 55-56 V., c. 11, s. 2. 37. The electoral district of St. Mary shall consist of St. Mary's ward in the city of Montreal. ~)^-^C> Y.. c. LI, s 2. 38. The electoral district of St. James shall consist of St. James ward and the east ward in the city of Montreal. 55 56 V., c. 11, s. 2. 39 39. R.S., 1906. 18 Chap. 5. Representation. 39. The electoral district of St. Lawrence shall consist of St. Louis and St. Lawrence wards in the city of Montreal. 55-56 V., c. 11, s. 2. 40. The electoral district of St. Antoine shall consist of St. Antoine ward in the city of Montreal. 55-56 V., c. 11, s. 2. 41. The electoral district of Ste. Anne shall consist of the Centre, West and Ste. Anne's wards in the city of Montreal. 55-56 V., c. 11, s. 2. 42. The electoral district of Jacques Cartier shall consist of the town of Lachine, the villages of Dorval, Ste. Anne de Belle- vue, Ste. Genevieve, St. Joachim de la Pointe-Claire, St. Lau- rent, Cote-des-jNTeiges, Cote St. Paul, Notre Dame de Grace, Verdun and Outremont, and the parishes of Lachine, Ste. Anne du Bout de l'lsle, Ste. Genevieve, St. Joachim de la Pointe- Claire, St. Laurent, St. Raphael de l'lle Bizard, Cote St. Paul and Notre Dame des Neiges West. 55-56 V., c. 11, s. 2. 43. The county of Montcalm, excepting thereout the town- ship of Doncaster and that part of the parish of L'Epiphanie, which, on and prior to the thirtieth day of June, one thousand eight hundred and sixty-four, formed part of the parish of St. Jacques, and was included in the said county, and also excepting thereout that part of the township of Wexford, called Ste. Mar- guerite, shall, together with the territory comprising the lots of land numbers one, two and three of the first range of the town- ship of Kildare, which form part of the parish of St. Alphonse de Liguori, and also with the portion of the parish of St. Esprit called St. Louis, which, on and prior to the thirtieth day of June, one thousand eight hundred and sixty-four, formed part of the parish of St. Roch and was included in the county of L'Assomption, and also with all that part of the parish of St. Liguori which, on and prior to the date last mentioned, formed pari of the township of Kildare and was included in the county of Joliette, form and constitute the electoral district of Mont- calm. R.S., e. 6, s. 3. 44. The county of Two Mountains shall, together with that part of the parish of Ste. Monique, which, on and prior to the seventeenth day of May, one thousand eight hundred and eighty-two, formed part of the county of Terrebonne, form and constitute the electoral district of Two Mountains. R.S., c. 6, s. :;. 45. The county of Terrebonne, excepting thereout that part of the parish of Ste Monione, included in said county of Terre- bonne, on and prior to the seventeenth day of May, one thousand eight hundred and eighty-two, shall together with the townships of Doncaster, Wolfe, Salaberry and Grandison, and that part of the township of Wexford, known as Ste. Mar- guerite, form and constitute the electoral district of Terrebonne. R.S., c. 6, s. :;. 46. The county of Argenteuil, excepting thereout the town- ships of Wolfe, Salaberry and Grandison, shall form and con- stitute the electoral district of Argenteuil. R.S., c. 6, s. 3. 4(f 47. R.S., 1906. Representation. Chap. 5. 19 47. The electoral district of Wright shall consist of the town- ships of Aumond, Aylwin, Baskatong, Bouchette, Cameron, Denholm, Eardley, Egan, Hincks, Hull, Kensington, Low, Lytton, Maniwaki, Masham, Northfield, Sicotte, Templeton, Wakefield and Wright, together with the villages and other municipal subdivisions of the said townships, the city of Hull, the town of Aylmer, and all the unorganized territory bounded on the northeast by the county of Montcalm and on the east by a line formed by the production northwards of the eastern boundarv line of the township of Baskatona - . 3 E. VII., c. 60, s. 3. 48. The electoral district of Labelle shall consist of the town- ships of Addington, Amherst, Bidwell, Bigelow, Blake, Bouthil- lier, Bowman, Boyer, Buckingham, Campbell, Clyde, Derry, Dudley, Gagnon, Gravel, Hartwell, Joly, Kiamika, Killaly, Labelle, Lathbury, Lesage, Lochaber, Loranger, La Minerve, Marchand, McGill, Montigny, Moreau, Mulgrave, Ponsonby, Pope, Portland (east and west), Preston, Ripon, Robertson, Rochon, Suffolk, Turgeon, Villeneuve, Wabasee, Wells and Wurtele, the town of Buckingham, the seigniory of La Petite Nation, together with the villages and other municipal subdivi- sions of the said townships and seigniory, and all the unorgan- ized territory south of the townships of Kiamika and Montigny and also that bounded on the northeast by the county of Mont- calm and on the west by a line formed by the production of the eastern boundary line of the township of Baskatong. 3 E. VII., c. 60, s. 3.' NOVA SCOTIA. There shall be in the province of Xova Scotia seventeen elec- toral districts denned as follows: — 1. That portion of the northern part of the county of Cape Breton consisting of the districts of Boisdale, Boularderie, East Bay (north), French Vale, George's River, Grand Narrows, and Little Bras d'Or, and the towns of NTorth Sydney and Sydney Mines, shall, together with the county of Victoria, form and constitute the electoral district of North Cape Breton and Victoria. 2. The southern part of the county of Cape Breton, consist- ing of the districts of Balls Creek, Bateston, Big Pond, Bridge- port, Catalone, Dominion No. 1 and Reserve Mine-. Easl Bay (South), Gabarus, Grand Mira, Hillside, Loch Lomond, Louis- bourg, Main-a-Dieu, Port Morien, Sydney Forks, Trout ('reel;, Victoria Mines and Lingan, and the towns of Glace Bay, Louis- bourg and Sydney, shall form and constitute the electoral dis- trict of South Cape Breton. 3. The county of Shelburne and the county of Queen's -hall together form and constitute the electoral district of Shelburne and Queen's. 41 4. R.S., 1906. £0 Chap. 5. Representation. 4. Except the counties aforesaid each of the counties shall, under their respective names, form and constitute an electoral district. 3 E. VII., c. 60, s. 3. NEW BRUNSWICK. There shall be in the province of New Brunswick thirteen electoral districts defined as follows: — 1. The city of St. John shall form and constitute the elec- toral district of the city of St. John. 2. The city of St. John and the county of St. John shall together form and constitute the electoral district of the city and county of St. John. 3. The county of Sunbury and the county of Queen's shall together form and constitute the electoral district of Sunbury and Queen's. 4. The county of King's and the county of Albert shall together form and constitute the electoral district cf King's and Albert. 5. The counties of Victoria and Madawaska shall together form and constitute the electoral district of Victoria. 6. Except the counties aforesaid each of the other counties of the province shall, under their respective names, form and con- stitute an electoral district. 3 E. VII., c. 60, s. 3; 4 E. VII., c. 35, s. 4. MANITOBA. There shall be in the province of Manitoba ten electoral dis- tricts defined as follows: — 1. The electoral district of Brandon, bounded as follows: — Commencing at the intersection of the west boundary of the province of Manitoba by the north boundary of the sixth town- ship ; thence easterly along the north boundary of the sixth townships to the meridian between the sixteenth and seventeenth ranges west of the principal meridian; thence northerly along said meridian between the sixteenth and seventeenth ranges to the north boundary of the twelfth township ; thence westerly along the north boundary of the twelfth townships to said west boundary of the province of Manitoba ; thence southerly along said west boundary of the province of Manitoba to the point of commencement. i'. The electoral district of Dauphin, bounded as follows: — Commencing at the intersection of the west boundary of the province of Manitoba by the north boundary of the twenty- eighth township; thence easterly along the north boundary of went v-f'iirlith townships to the meridian between the twenty- fifth and twenty-sixth ranges, west of the principal meridian ; thence southerly along said meridian to the north boundary of the twenty-second township; thence easterly along the north boundary of the twenty-second townships to the meridian 42 between R.S., 1906. % Representation. Chap. 5. 21 between the twenty-second and twenty-third ranges west of the principal meridian; thence southerly along said meridian between the twenty-second and twenty-third ranges to the north boundary of the twentieth township ; thence easterly along the north boundary of the twentieth townships to the meridian between the seventeenth and eighteenth ranges west of the prin- cipal meridian; thence southerly along said meridian between the seventeenth and eighteenth ranges to the north boundary of the eighteenth township; thence easterly along the north bound- ary of the eighteenth township to the meridian between the six- teenth and seventeenth ranges west of the principal meridian; thence southerly along said meridian between the sixteenth and seventeenth ranges to the north boundary of the fifteenth town- ship ; thence easterly along the north boundary of the fifteenth townships to lake Manitoba; thence easterly and along the south shore of lake Manitoba to where it is intersected by the north boundary of the seventeenth township in the fifth range west of the principal meridian; thence easterly along said north boundary of the seventeenth township to the north boundary of the settlement of Oak Point; thence northeasterly along said north boundary of the settlement of Oak Point to the northeast corner thereof; thence southeasterly along the east boundary of said settlement to where it is intersected by the north bound- ary of the seventeenth townships; thence easterly along the north boundary of the seventeenth townships to the principal meridian ; thence northerly along said principal meridian to the north boundary of the province of Manitoba ; thence westerly along said north boundary of the province of Manitoba to the northwest corner of said province; thence southerly along the west boundary of said province to the point of commencement. 3. The electoral district of Lisgar, bounded as follows: — Commencing at the intersection of the south boundary of the province of Manitoba by the meridian between the twelfth and thirteenth ranges west of the principal meridian; thence northerly along said meridian between the twelfth and thir- teenth ranges to the northeast corner of section twelve in the third township, in the thirteenth range west of the principal meridian; thence easterly and along the north boundary of section seven in the third township in the twelftn range to the northeast corner of said section seven ; thence northerly alon°- the east boundary of section eighteen, in said third township in the twelfth range to the northeast corner of the southeast quarter of said section eighteen; thence easterly along the north boundary of the south half of section seventeen and along the north boundary of the south half of section sixteen both in said township in the twelfth range to the east boundary of said section sixteen; thence northerly along the east boundary of section sixteen and along the east boundary of section twenty- one, both in said third township in the twelfth range to the northeast corner of said section twenty-one ; thence easterly 43 along R.S., 1906. 22 Chap. 5. Representation. along the north boundary of section twenty-two, in said third township in the twelfth range, to the northeast corner of said section twenty-two; thence northerly along the east boundary of section twenty-seven and along the east boundary of section thirty-four, both in said third township, in the twelfth range, and along the cast boundary of section three in the fourth township in the twelfth rang* 1 west of the principal meridian to the northeast corner of said section three; thence easterly along the north boundary of section two, in said fourth town- ship, in the twelfth range, to the northeast corner of said section two; thence northerly along the east boundary of section eleven in said fourth township in the twelfth range to the northeast corner of said section eleven ; thence easterly along the north boundary of section twelve in said fourth township in the twelfth range to the northeast corner of the northwest quarter of said section twelve ; thence northerly along the east boundary of the west half of section thirteen and along the east boundary of the west halves of sections twenty-four and twenty-five, all in said fourth township, in the twelfth range, to the north west corner of the northeast quarters of said section twenty- live ; thence easterly along the north boundary cf said north- east quarter of section twenty-five to the northeast corner of said section twenty-five ; thence northerly along the meridian between the eleventh and twelfth ranges west of the principal meridian to the north boundary of said fourth township ; thence easterly along the north boundary of the fourth townships to the meridian between the second and third ranges west of the principal meridian; thence southerly along said meridian be- tween the second and third ranges to the north boundary of the third township; thence easterlv along the north boundary of the third townships to said principal meridian ; thence southerly along said principal meridian to the north boundary of the first township; thence easterly along the north boundary of the first township to the meridian between the first and second ranges east of the principal meridian; thence southerly along said meridian between the first and second ranges east of the principal meridian to the south boundary of the province of Manitoba; thence westerly along said south boundary of the province of Manitoba to the point of commencement. 4. The electoral district of Zlacdonald, bounded as fol- low-: — Commencing at the intersection of the meridian between the twelfth and thirteenth ranges west of the principal meridian by the north boundary of the fourth township; thence northerly along said meridian between the twelfth and thirteenth ranges to the north boundary of the ninth township; thence easterly along said north boundary of the ninth township to the meridian between the fifth and sixth ranges, west of the principal meri- dian; thence northerly along said meridian between the fifth and sixth ranges to the north bank of the Assiniboinc River; thence along said north bank of the Assiniboine River up 44 stream R.S., 1906. Representation. Chap. 5. 23 stream to where it is intersected by the line between lots forty- five and forty-six in the parish of High Bluff ; thence northerly along said line between said lots forty-five and forty-six to the northwest corner of the said lot forty-six; thence easterly along the north limit of said lot forty-six to said meridian between the fifth and sixth ranges ; thence northerly along said meridian between the fifth and sixth ranges to lake Manitoba ; thence easterly and northerly along the south and east shore of lake .Manitoba to where it is intersected by the north boundary of the seventeenth township in the fifth range west of the principal meridian ; thence easterly along said north boundary of the seventeenth township to the north boundary of the settlement of Oak Point; thence northeasterly along said north boundary of the settlement of Oak Point to the northeast corner thereof; thence southeasterly along the east boundary of said settlement to where it is intersected by the north boundary of the seven- teenth township ; thence easterly along the north boundary of the seventeenth townships to the principal meridian ; thence southerly along the principal meridian to the north boundary of the eleventh township ; thence easterly along the north bound- ary of the eleventh townships to the rear line of lots in the outer two miles of the parish of Kildonan on the west side of the Red River; thence in a southerly direction along said rear line to the northwest corner of the city of Winnipeg; thence in a southerly direction and along the west limit of said city of Winnipeg to the southwest corner thereof; thence southerly along the south limits of said city of Winnipeg to the rear line of lots in the parish of St. Boniface fronting on the west side of the Red River; thence southerly along said last mentioned rear line to the north limit of lots in the outer two miles of the parish of St. Vital ; thence southwesterly along said north limit to the rear line of said lots in the outer two miles of the parish of St. Vital ; thence in a southerly direction along said last 'mentioned rear line and along the rear line of lots in the outer two miles in the parish of St. Korbert to the south limit of said lots in the outer two miles of the parish of St. Norbert; thence northeasterly along said south limit to the rear line of lots fronting on the west side of the Red River in said parish of . St. Xorbert; thence in a southerly direction along said last mentioned rear line and along the rear line of lots fronting on the west side of the Red River in the parish of Ste. Agathe to the north boundary of the sixth township; thence westerly along the north boundary of the sixth township to the meridian between the second and third ranges west of the principal meridian; thence southerly along said meridian between the second and third ranges to the north boundary of the fourth township; thence westerly along the north boundary of the fourth township to the point of commencement. 5. The electoral district of Marquette, bounded as follows : — Commencing at the west boundary of the province of Manitoba 45 where R.S., 1906. 24 Chap. 5. Representation. where it is intersected by the north boundary of the twelfth township; thence easterly along the north boundary of the twelfth townships to the meridian between the sixteenth and nteenth ranges, west of the principal meridian ; thence northerly along said meridian between the sixteenth and seven- teenth ranges to the north boundary of the eighteenth township ; thence westerly along said north boundary of the eighteenth township to the meridian between the seventeenth and eigh- teenth ranges, west of the principal meridian; thence northerly along said meridian between the seventeenth and eighteenth ranges to the north boundary of the twentieth township ; thence westerly along the north boundary of the twentieth townships to the meridian between the twenty-second and twenty-third ranges west of the principal meridian; thence northerly along said meridian between the twenty-second and twenty-third ranges to the north boundary of the twenty-second township; thence westerly along the north boundary of the twenty-second town- ship to the meridian between the twenty-fifth and twenty-sixth ranges, west of the principal meridian ; thence northerly along said meridian between the twenty-fifth and twenty-sixth ranges to the north boundary of the twenty-eighth township; thence westerly along the north boundary of the twenty-eighth town- ship to said west boundary of the province of Manitoba ; thence southerly along said west boundary of the province of Manitoba to the point of commencement. 6. The electoral district of Portage la Prairie bounded as follows : — Commencing at the point where the meridian between the sixteenth and seventeenth ranges, west of the principal meridian, intersects the north boundary of the sixth township, thence easterly along the north boundary of the sixth townships' to its intersection with the meridian between the twelfth and thirteenth ranges west of the principal meridian ; thence north- erly along the meridian between the twelfth and thirteenth ranges to its intersection with the north boundary of the ninth township ; thence easterly along the north boundary of the ninth townships to its intersection with the meridian between the fifth and sixth ranges west of the principal meridian ; thence northerly along said meridian between the fifth and sixth ranges to the north bank of the Assiniboine River ; thence along said north bank of the Assiniboine River up stream to where it is intersected by the line 'between lots forty-five and forty-six in the parish of High Bluff; thence northerly along said line be- tween said lots forty-five and forty-six to the northwest corner of said lot forty-six ; thence easterly along the north limit of said lot forty-six to the meridian between said fifth and sixth ranges ; thence northerly along said last mentioned meridian to its intersection with the south shore of lake Manitoba; thence southwesterly and northwesterly following the shore of lake Manitoba to its point of intersection with the north boundary of the fifteenth township in the ninth range west of the principal 46 meridian ; R.S., 1906. Represeniation. Chap. 5. 25 meridian ; thence westerly along the north boundary of the fifteenth townships to its intersection with the meridian between the sixteenth and seventeenth ranges west of the principal meridian; thence southerly alone: said meridian between the sixteenth and seventeenth ranges to the point of commence- ment. 7. The electoral district of Provencher, bounded as fol- lows: — Commencing at the east boundary of the province of Manitoba where it is intersected by the north boundary of the ninth township, thence southerly along said east boundary of the province of Manitoba to the southeast corner thereof ; thence westerly along the south boundary of said province of Manitoba to where it is intersected by the meridian between the first and second ranges east of the principal meridian ; thence north- erly along said meridian between the first and second ranges east of the principal meridian to the north boundary of the first township ; thence westerly along the north boundary of the first township to the principal meridian ; thence northerly along the principal meridian to the north boundary of the third township ; thence westerly along the north boundary of the third townships to the meridian between the second and third ranges west of the principal meridian ; thence northerly along said meridian between the second and third ranges to the north boundary of the sixth township ; thence easterly along the north boundary of the sixth townships to the rear line of lots fronting on the west side of the Red River in the parish of Ste. Agathe ; thence in a northerly direction along said rear line and along the rear line of lots in the parish of St. Norbert to the south limit of lots in the outer two miles of said parish of St. Korbert ; thence southwesterly along said south limit to the rear line of said lots in the outer two miles of the parish of St. ISTorbert ; thence in a northerly direction along said last mentioned rear line and along the rear line of lots in the outer two miles of the parish of St. Vital to the north limit of said lots in the outer two miles of the parish of St. Vital ; thence northeasterly along said last mentioned north limit to the rear line of lots fronting on the west side of the Red River in the parish of St. Boniface ; thence northerly along said last mentioned rear line to the south limit of the city of Winnipeg; thence northeasterly along the south limit of the city of Winnipeg to the Roil River; thence along the Red River down stream to where it is intersected by the production in a straight line westerly of the line between lots seventy-one and seventy-two of the parish of St. Boniface; thence southeasterly along said linos between lots seventy- one and seventy-two of the parish of St. Boniface to the rear line thereof; thence southerly along said last mentioned rear line to the south boundary of lot seventy-five of said parish of St. Boniface; thence easterly along the south boundary of lot seventy-five in the outer two miles of the parish of St. Boniface and its production in a straight line easterly to the north bound- 47 ary R.S., 1906. 26 Chap. 5. Representation. ary of the tentb township; thence easterly along the north boundary of the tenth township to where it is intersected by a line drawn due north from the northeast corner of the south- east quarter of section seven in the tenth township in the fourth range easl of the principal meridian; thence south along said due north line and along the east boundary of said southeast quarter of said section seen and along the east boundary of section six in said tenth township to the north boundary of the ninth township; thence easterly along the north boundary of the ninth township to the point of commencement. 8. The electoral district of Selkirk, bounded as follows :- - Commencing at the intersection of the principal meridian by the north boundary of the eleventh township; thence easterly along the north boundary of the eleventh townships to the rear line of lots in the outer two miles of the parish of Kildonan jn the west side of the Red River; thence southerly and along said roar line to the northwest corner of the city of Winnipeg; thence easterly along the north limit of the city of Winnipeg to the Red River; thence along the Red River tip stream to where it is intersected by the production in a straight line westerly of the line between lots seventy-one and seventy-two in the parish of St. Boniface ; thence southeasterly along said line betw r een lots seventy-one and seventy-two of the parish of St. Boniface to the rear line thereof; thence southerly along the rear line of lots in the parish of St. Boniface to the south boundary of lot seventy-five of said parish of St. Boniface ; thence easterly along the south boundary of lot seventy-five in the outer two miles of the parish of St. Boniface and its production in a straight Hue easterly to t^ie north boundary of the tenth township; thence easterly along the north boundary of the tenth township to where it is intersected by a line drawn due north from the northeast corner of the southeast quarter of section seven in the tenth township, in the fourth range east of the principal meridian ; thence south along said due north line and along the east boundary of said southeast quarter of said section seven and along the east boundary of section six in said tenth town- ship in the fourth range east to the north boundary of the ninth township; thence easterly along the north boundary of the ninlh township to the east boundary of the province of Manitoba ; thence northerly along the said east boundary of the province of Manitoba to the northeast corner of said province; thence westerly along the north boundary of said province to where it is intersected by the extension northerly of the principal meri- dian; thence southerly along the principal meridian to the point of commencement. 9. The electoral district of Souris, bounded as follows: — Commencing at the southwest corner of the province of Mani- toba being the point of intersection of the meridian between tin; twenty-ninth and thirtieth ranges west of the principal meri- dian, with the international boundary; thence easterly follow- 48 ing R.S., 1906. Representation. Chap. 5. 27 ing the international boundary line, being the south boundary of the province of Manitoba, to its intersection by the meridian between the twelfth and thirteenth ranges west of the principal meridian; thence northerly along said meridian between the twelfth and thirteenth ranges to the northeast corner of section twelve in the third township in the thirteenth range west of the principal meridian ; thence easterly and along the north bound- ary of section seven in the third township in the twelfth range to the northeast corner of said section seven; thence northerly along the east boundary of section eighteen in said third town- ship and twelfth range to the northeast corner of the southeast quarter of said section eighteen ; thence easterly along the north boundary of the south halves of sections seventeen and sixteen in said third township in the twelfth range to the east boundary of said section sixteen ; thence northerly along the east boundary of said section sixteen and along the east boundary of section twenty-one, both in said third township in the twelfth range, to the northeast corner of said section twenty-one ; thence easterly along the north boundary of section twenty-two in said third township and twelfth range to the northeast corner of said section twenty-two; thence northerly along the east boundaries of sections twenty-seven and thirty-four in said third township and twelfth range, and along the east boundary of section three in the fourth township in said twelfth range, to the northeast corner of said section three ; thence easterly along the north boundary of section two in said fourth township to the north- east corner of said section two ; thence northerly along the east boundary of section eleven, in said fourth township to the north- east corner of said section eleven; thence easterly along the north boundary of section twelve, in said fourth township, to the northeast corner of the northwest quarter of said section twelve; thence northerly along the east boundary of the west half of section thirteen and along the east boundary of the west halves of sections twenty-four and twenty-five all in said fourth township to the northwest corner of the northeast quarter of said section twenty-five ; thence easterly along the north bound- ary of said northeast quarter of section twenty-five to the north- east corner of said section twenty-five; thence northerly along the meridian between the eleventh and twelfth ranges, west of the principal meridian, to the north boundary of said fourth township; thence westerly along the north boundary of said fourth township to its intersection by the meridian between the twelfth and thirteenth ranges, west of the principal meridian ; thence northerly along said meridian between the twelfth and thirteenth ranges to its intersection with the north boundary of township six; thence westerly along the north boundary of town- ship six to its intersection with the meridian between the twentv ninth and thirtieth ranges west of the principal meridian, being the west boundary of the province of Manitoba ; thence follow- ing southerly along the west boundary of said province to tin 1 point of commencement. 4 49 10. R.S., 1906. 28 Chap. 5. Representation. 10. The electoral district of the city of Winnipeg, which shall continue to be constituted as at present. 3 E. VII., c. 60, s. 3. BRITISH COLUMBIA. There shall be in the province of British Columbia, seven electoral districts defined as follows : — 1. The electoral district of Comox-Atlin, comprising the pro- vincial electoral districts of Alberni, Atlin, Comox and Skeena, and all that portion of the provincial electoral district of Ricli- inond bounded on the east by a line forming the east boundary of the provincial electoral district of Richmond from the north- east corner thereof southerly to the northwest corner of the provincial electoral district of Dewdney, and from that point running southwesterly in a direct course to the mouth of the Squamish River at the head of Howe Sound, and thence in a southerly direction along the east shore of Howe Sound to Bur- rard Inlet. 2. The electoral district of Kootenay, comprising the pro- vincial electoral districts of Cranbrook, Columbia, Fernie, Kaslo, Nelson, Revelstoke, Rossland, Slocan and Ymir. 3. The electoral district of Nanaimo, comprising the pro- vincial electoral districts of Cowichan, Esquimalt, Nanaimo City, Newcastle, Saanich and The Islands. 4. The electoral district of New Westminster, comprising the provincial electoral districts of Chilliwhack, Delta, Dewd- ney and New Westminster City, all that portion of the pro- vincial electoral district of Richmond lying south of Burrard Inlet excepting the municipality of South Vancouver, and all that portion of the provincial electoral district of Yale adjoin- ing the provincial electoral district of Dewdney, and lying west of a line commencing at the northeast corner of the provincial electoral district of Chilliwhack; thence following the Fraser River to a point one mile beyond the village of Yale, and thence running in a direct course to the northeast corner of the provincial electoral district of Dewdney. 5. The electoral district of Vancouver City, comprising the provincial electoral district of Vancouver City, and the munici- palities of South Vancouver and North Vancouver, and all that portion of the provincial electoral district of Richmond which lies east of the following described limit : — Commencing at the northwest corner of the provincial electoral district of Dewd- ney, thence in a straight line southwesterly to the mouth of the Squamish River at the head of Howe Sound, thence in a south- erly direction along the east shore of Howe Sound to Burrard Inlet; thence, in an easterly direction along the north shore of Burrard Inlet and in a northerly direction along the west shore of the North Arm of the said Burrard Inlet to the northern extremity of the said North Arm. 50 6. R.S., 1906. Representation. Chap. 5. 29 6. The electoral district of Victoria City, comprising the provincial electoral district of Victoria City. 7. The electoral district of Yale-Cariboo, comprising the provincial electoral districts of Cariboo, Greenwood, Grand Forks, Kamloops, Lillooet, Okanagan and Similkameen, and all that portion of Yale county not included by this Act in the electoral district of New Westminster. 3 E. VII., c. 60, s. 3. PRINCE EDWARD ISLAND. There shall be in the province of Prince Edward Island three electoral districts defined as follows : — 1. The county of King's shall form and constitute the elec- toral district of King's. 2. The county of Prince shall form and constitute the elec- toral district of Prince. 3. The county of Queen's shall form and constitute the elec- toral district of Queen's. 3 E. VII., c. 60, s. 3, sch. a SASKATCHEWAN AND ALBEKTA. There shall be in the provinces of Saskatchewan and Alberta and that part of the provisional district of Saskatchewan not included in the province of Saskatchewan, ten electoral districts defined as follows : — 1. The electoral district of Alberta, bounded as follows : — Commencing at the southeast corner of the provisional district of Alberta; thence westerly along the south boundary of said provisional district of Alberta to the southwest corner thereof; thence northerly along the west boundary of said provisional district of Alberta to where it is intersected by the north bound- ary of the seventeenth township ; thence easterly along the north boundary of the seventeenth townships to the east boundary of the provisional district of Alberta ; thence southerly along said east boundary of the provisional district of Alberta to the point of commencement. 2. The electoral district of Assiniboia East, bounded as follows: — Commencing at the southeast corner of the provi- sional district of Assiniboia ; thence northerly along the east boundary of said provisional district of Assiniboia to the north boundary of the twenty-fourth township ; thence westerly along said north boundary of the twenty-fourth township to the meridian between the sixth and seventh ranges west of the second meridian; thence southerly along the said meridian between the sixth and seventh ranges to the south boundary of the provisional district of Assiniboia; thence easterly along said south boundary of the provisional district of Assiniboia to the point of commencement. 3. The electoral district of Assiniboia West, bounded as follows: — Commencing at the south boundary of the provisional 44 51 district R.S., 1006. 30 Chap. 5. Representation. district of Assiniboia where it is intersected by the meridian between the twenty-third and twenty-fourth ranges west of title second meridian ; thence northerly along said meridian between the twenty-third and twenty-fourth ranges to the north boundary of the fourteenth township ; thence easterly along the north boundary of the fourteenth township to the meridian between the sixteenth and seventeenth ranges west of the second meri- dian ; thence northerly along said meridian between the six- teenth and seventeenth ranges to the north boundary of the twenty-fourth township ; thence westerly along the north boundary of the twenty-fourth townships to the South Saskatche- wan River ; thence along said South Saskatchewan River down stream to where it is intersected by the north boundary of the thirty-fourth township; thence westerly along the north bound- ary of the thirty-fourth townships to the meridian between the twenty-fifth and twenty-sixth ranges west of the third meridian ; thence southerly along said meridian between the twenty-fifth and twenty-sixth ranges to the South Saskatchewan River; thence along said South Saskatchewan River up stream to its junction with the Red Deer River ; thence along said Red Deer River up stream to where it is intersected by the west boundary of the provisional district of Assiniboia ; thence southerly along said west boundary of the provisional district of Assiniboia to the south boundary thereof; thence easterly along said south boundary to the point of commencement. 4. The electoral district of Calgary, bounded as follows: — Commencing at the intersection of the east boundary of the provisional district of Alberta by the north boundary of the seventeenth township ; thence northerly along said east boundary of the provisional district of Alberta to the Red Deer River; thence along said Red Deer River down stream to its junction with the South Saskatchewan River; thence along said South Saskatchewan River down stream to where it is intersected by the meridian between the twenty-fifth and twenty-sixth ranges west of the third meridian; thence northerly along said meri- dian between the twenty-fifth and twenty-sixth ranges to the north boundary of the thirty-fourth township ; thence westerly along the north boundary of the. thirty-fourth townships to the west boundary of the provisional district of Alberta; thence southerly and along said western boundary of the provisional district of Alberta to the north boundary of the seventeenth township ; thence easterly along the north boundary of the seventeenth townships to the point of commencement. 5. The electoral district of Edmonton, bounded as follows : — Commencing at the meridian between the twenty-fifth and twenty-sixth ranges west of the third meridian where it is in- tersected by the north boundary of the fifty-second township; thence northerly along said meridian between the twenty-fifth and twenty-sixth ranges to the north boundary of the provisional district of Saskatchewan ; thence westerly and along said north 52 boundary R.S., 1906. Representation. Chap. 5. 31 boundary of the provisional district of Saskatchewan and along the north boundary of the provisional district of Alberta to the west boundary of said provisional district of Alberta; thence southerly along the said west boundary of the provisional dis- trict of Alberta to where it is intersected by a line drawn due west from the source of the Brazeau River; thence east along said line to said source of the Brazeau River ; thence along the Brazeau River down stream to the Saskatchewan River ; thence along the Saskatchewan River down stream to where it is inter- sected by the north boundary of the fifty-second township; thence easterly along the north boundary of the fifty-second township to the point of commencement. 6. The electoral district of Humboldt, bounded as follows : — Commencing at the meridian between the twelfth and thirteenth ranges west of the second meridian where it is intersected by the north boundary of the twenty-fourth township ; thence west- erly along said north boundary of the twenty-fourth township to the South Saskatchewan River; thence along said South Saskatchewan River dow r n stream to where said river is first intersected by the north boundary of the Indian Reserve Chief Musk-O-Day ; thence westerlv along said north boundary of the Indian Reserve to where it is intersected by the meridian between the twenty-fourth and twenty-fifth ranges west of the second meridian ; thence northerly along said meridian between the twenty-fourth and twenty-fifth ranges to the north boundarv of the provisional district of Saskatchewan; thence easterly along said north boundary of the provisional, district of Saskat- chewan to where it is intersected by the meridian between the twelfth and thirteenth ranges west of the second meridian; thence southerly along said meridian between the twelfth and thirteenth ranges to the point of commencement. 7. The electoral district of Mackenzie, bounded as follows : — Commencing at the intersection of the east boundary of the provisional district of Assiniboia by the north boundary of the twenty-fourth township ; thence northerly along said east boundary of the provisional district of Assiniboia, and along the east boundary of the provisional district of Saskatchewan, to the northwest corner of the province of Manitoba ; thence east- erly along the north boundary of the province of Manitoba to the east boundary of the provisional district of Saskatchewan ; thence northerly along said east boundary of the provisional district of Saskatchewan to the north boundary thereof ; thence westerly along said north boundary of the provisional district of Saskatchewan to the meridian between the twelfth and thirteenth ranges west of the second meridian ; thence southerly along said meridian between the twelfth and thirteenth rai to the north boundary of the twenty-fourth township; thence easterly along the north boundary of the twenty-fourth town- ships to the point of commencement. 8. The electoral district of Qu'Appelle, bounded as fol- lows: — Commencing at the intersection of the south boundarv 53 of R.S., 1906. 32 Chap. 5. Be presentation. of the provisional district of Assiniboia by the meridian between the sixth and seventh ranges west of the second meri- dian ; thence northerly along said meridian between the sixth and seventh ranges to the north boundary of the twenty-fourth township ; thence westerly along the north boundary of the twenty-fourth townships to the meridian between the sixteenth and seventeenth ranges west of the second meridian ; thence southerly along said meridian, between the sixteenth and seven- teenth ranges to the north boundary of the fourteenth township ; thence westerly along the north boundary of the fourteenth townships to the meridian between the twenty-third and twenty- fourth ranges west of the second meridian ; thence southerly along said meridian between the twenty-third and twenty-fourth ranges to the south boundary of the provisional district of Assiniboia ; thence easterly along said south boundary of the provisional district of Assiniboia to the point of commencement. 9. The electoral district of Saskatchewan, bounded as fol- lows: — Commencing at the meridian between the twenty-fifth and twenty-sixth ranges west of the third meridian where it is intersected by the north boundary of the thirty-fourth township ; thence easterly along the north boundary of the thirty-fourth townships to the South Saskatchewan River; thence along said South Saskatchewan River down stream to where said river is first intersected by the north boundary of the Indian reserve, Chief Musk-O-Day ; thence westerly along said north boundary of the Indian reserve to where it is intersected by the meridian between the twenty-fourth and twenty-fifth ranges west of the second meridian; thence northerly along said meridian between the twenty-fourth and twenty-fifth ranees to the north boundary of the provisional district of Saskatchewan ; thence westerly along said north boundary of the provisional district of Sas- katchewan to where it is intersected by the meridian between the twenty-fifth and twenty-sixth ranges west of the third meridian ; thence southerly along said meridian between the twenty-fifth and twenty-sixth ranges to the point of commence- ment. 10. The electoral district of Strathcona, bounded as follows: — Commencing at the meridian between the twenty-fifth and twenty-sixth ranges west of the third meridian where it is intersected by the north boundary of the thirty-fourth town- ship ; thence westerly along the north boundary of the thirty- fourth townships to the west boundary of the provisional district of Alberta; thence in a northerly direction and along said west boundary of the provisional district. of Alberta to where it is intersected by a line drawn due west from the source of the Brazeau River; thence east along said line to said source of the Brazeau River ; thence along the Brazeau River down stream to the Saskatchewan River ; thence along said Saskatche- wan River down stream to where it is intersected by the north boundary of the fifty-second township ; thence easterly along 54 the R.S., 190G. Representation. Chap. 5. 33 the north boundary of the fifty-second townships to the meridian between the twenty-fifth and twentv-sixth ranges west of the third meridian; thence southerly along said meridian between the twenty-fifth and twenty-sixth ranges to the point of com- mencement. 3 E. VII., c. 60, s. 3 ; 4-5 E. VII., c. 3 and c. 42. YUKON TERRITORY. The Yukon Territory as bounded or described in the schedule to the Act passed in the first year of His Majesty's reign, chapter forty-one, shall form and constitute the electoral district of Yukon. 2 E. VII., c. 37, s. 2 ; 3 E. VII., c. 60, s. 3 ; 4 E. VII., c. 35, s. 5. OTTAWA: Printed by Samuel Edwakd Dawson, Law Printer to the King's most Excellent Majesty. 55 "R.S., 1906. CHAPTER 6. An Act respecting the election of members of the House of Commons and the Electoral Franchise. SHOKT TITLE. 1. This Act may be cited as the Dominion Elections Act. Short title. 63-64 V., c. 12, s. 1. INTERPRETATION. 2. In this Act, unless the context otherwise requires, — Definitions. (a) ' election ' or ' Dominion election ' means an election of ' Election.' a member or members to serve in the House of Commons ; (b) ' provincial election ' means an election of a member to ' Provincial serve in the legislative assembly or house of assembly or electlon - general assembly of a province, and, in the province of Prince Edward Island, an election of an assemblyman ; ( c ) ' electoral district ' means any place or territorial area ' Electoral in Canada entitled to return a member or members to serve IS rie ' in the House of Commons ; (d ) i elector ' or ' voter ' means any person entitled to vote ' Elector.' at an election under the provisions of this Act ; (e) ' voters' list,' or ' list of voters,' includes any official list 'Voters' of persons entitled to vote at an election, and, when pro- vincial lists are referred to, includes any official list of persons entitled to vote at a provincial election; (f) ' polling division ' includes any polling subdivision, poll- ' ??|! in e, ing district or sub district or other territorial area for which there is a separate voters' list, or in which a poll may be held; (g) l candidate at an election,' or ' candidate,' means any * Candidate, person elected to serve in the House of Commons at such election, and any person who is nominated as a candidate at such election, or is declared by himself or by others to be a candidate, on or after the day of the issue of the writ for such election, or after the dissolution of Parliament, or the occurrence of a vacancy in consequence of which such writ has been issued ; (h) 'member' means a member of the House of Commons -Member.' of Canada ; (i) ' election petition ' moans a petition presented in pursu- • Election ance of the Dominion Controverted Elections Act; petition.' 57 (j) R.S., 1906. Chap. 6. Dominion Elections. Part I. ' Judge.' ' Personal expenses.' (j) ' judge ' includes chief justice, and, when used with reference to the province of Ontario, also includes the Chancellor ; (h) ' personal expenses,' as used herein, with respect to the expenditure of any candidate in relation to the election at which he is a candidate, includes the reasonable travelling expenses of such candidate, and the reasonable expenses of his living at hotels, or elsewhere, for the purpose of and in relation to such election, and all other expenses, which by this Act, he may lawfully incur and pay; (I) l official agent ' means the agent appointed by any candi- date and specially charged with paying all the legal expenses on account of the election, and whose name and address have been declared in writing on or before nomination day, as by this Act required ; (m ) * form ' means a form in schedule one to this Act ; (n) the ' province of Saskatchewan ' shall be taken to include that part of the provisional district of Saskatchewan which is not included therein. 61 V., c. 14, s. 4; 63-64 V., c. 12, ss. 3, 108, 143. Sdate e un£s **• Nothing in this Act shall be construed to impose any he has given liability upon any person nominated as a candidate or declared to be a candidate by others without his consent, unless he has afterwards given his assent to such nomination or declaration, or has been elected. 63-64 V., c. 12, s. 3. ' Official agent.' ' Form.' ' Province >;i-katche- wan.' of As to pro- visions re- quiring pre- sence of agents. 4. Whenever in this Act any expressions are used requiring or authorizing any act to be done, in the presence of agents of the candidates, such expressions shall be deemed to refer to the presence of such agents of the candidates as are authorized to attend, and as have, in fact, attended at the time and place where such act or thing is being done. 63-64 V., c. 12, s. 55. PART I. ELECTORAL FRANCHISE IN THE PROVINCES. Application. Application. 5. This Part does not apply to the provinces of Saskatchewan and Alberta or to the Yukon Territory. 61 V., c. 14, s. 2. Provincial voters' lists adopted. Voters' Lists. 6. For the purposes of any Dominion election held within the limits of a province, the voters' lists shall, except as herein otherwise provided, be those prepared for the several polling divisions established, and which, on the sixtieth day next preced- ing the day fixed for the nomination of candidates for such 58 Dominion R.S., 1906. Part I. Dominion Elections. Chap. 6. 3 Dominion election, were in force, or were last in force, under the laws of that province, for tL- purposes of provincial elec- tions. 61 V., c. 14, s. 5. 7. Where, under the laws of a province, the voters' lists Last preced- for any provincial electoral district or division or any of them jStsTo'? 8 ' are prepared not at regular intervals, but at such times as are used in fixed by the Lieutenant Governor in Council or some other certtun cases - provincial or local authority, or only from time to time for the purpose of a general or other election in immediate contem- plation, the last preceding voters' lists so prepared shall be used for the purpose of any Dominion election in the territory comprised in such provincial electoral district or division, or ' the parts thereof for use in which they were prepared, if such lists have been prepared not more than one year before the date of the writ for such Dominion election. 1 E. VII., c. 15, s. 2. 8. In case the lists mentioned in the last preceding section New voters' have been prepared for more than one year, new voters' lists llsts to , be T")T&T")*1T*PC1 shall be prepared, and the Governor in Council may, for the purpose of preparing and giving effect to such new voters' lists, appoint all necessary officers and confer upon them all necessary powers. 2. In the preparation of such lists, the provisions of the According to laws of' the province regulating the preparation and revision f a r W g incia and bringing into force of the provincial voters' lists in such cases shall, as far as possible, be observed and followed. 1 E. VII., c. 15, s. 2. 9. If any voters' lists have been prepared under the section Voters' list last preceding not more than one year before the date of the not to ^ e move t iin.ii writ for election, such lists shall be used, unless there are lists one year old. of a later date prepared under the provincial law, and new lists shall not be prepared. 1 E. VII., c. 15, s. 2. Qualification. 10. The qualifications necessary to entitle any person to Qualificatioas vote at a Dominion election in any province shall, except as to vote - herein otherwise provided, be those established by the laws of that province as necessary to entitle such person to vote in the same part of the province at a provincial election. 61 V., c. 14 s. 5. Provincial Disqualifications not applying to Dominion Elections. 11. Xo person possessed of the qualifications generally Provincial required by the provincial law to entitle him to vote at a provin- disqualifica- cial election shall be disqualified from voting at a Dominion adopted. election merely by reason of any provision of the provincial 59 law R.S.. 1006. Chap. 6. Dominion Elections. Part I. law disqualifying from having his name on the list or from voting, — (a) the holder of any office; or, (b) any person employed in any capacity in the public service of Canada or of the province ; or, (c) any person belonging to or engaged in any profession, calling, employment or occupation; or, (d) any one belonging to any other class of persons who, although possessed of the qualifications generally required by the provincial law, are, by such law, declared to be dis- qualified by reason of their belonging to such class. Gl V., c. 14, s. 6. List of voters and changes to be for- warded to Clerk of the Crown in Chancery. Fees for copies. Transmission of Lists to the Clerk of the Crown in Chancery. 12. Within ten days after the final revision of every list of voters for the purposes of provincial elections, and within ten days after any change or alteration in or substitution for any such list under the provincial law, it shall be the duty of the custodian thereof to transmit to the Clerk of the Crown in Chancery, by registered mail, a codv of such list or change or alteration therein, or substituted list, as the case may be, certified under the hand of such custodian, and having every alteration, addition or erasure therein identified by his initials. 1 E. VIL, 15, s. 3. 13. The fees to be paid for such certified copies shall be those fixed by the provincial law for furnishing such copies to applicants therefor, and, if there is no fee fixed by the provin- cial law, the fee shall be twenty-five cents for each one hundred names, including additions and descriptions, and fifty cents for the certificate. 1 E. VIL, c. 15, s. 3. To be deemed originals. 14. For the purposes of Dominion elections, such certified copy shall be deemed to be the original and legal list of voters for the polling division for which the list of which it is a copy was prepared, so long as that list remains in force, subject, how- ever, to such changes and additions as are, subsequent to revi- sion, made in such list under the provisions of the provincial law. 61 V., c. 14, s. 10. To be printed by King's Printer. Printing of Voters' Lists. 1 5. It shall be the duty of the Clerk of the Crown in Chan- cery, immediately upon receipt by him of any such certified copy of a list of voters, to cause it to be printed by the King's Printer, and he shall thereafter retain such certified copy of record in his office. 61 V., c. 14, s. 10. Printed 16. Immediately after printing such list, the King's Printer C °nt e to t mem- sna U sen d by registered mail twenty copies thereof to the sitting 60 member "R.S., 1906. Part I. Dominion Elections. Chap. 6. 5 member for the electoral district to which the list belongs, and ber and to twenty copies to the defeated candidate at the last Dominion candidate, election therein. 2. The Governor in Council may, by regulation, provide for the issue to members and candidates of such additional copies as are thought proper. 61 V., c. 14, s. 10. 17. The Clerk of the Crown in Chancery and the King's Copies to be Printer shall supply copies of any lists so printed to any person payment. ° n applying therefor and paying for them a price proportionately sufficient to cover the cost of printing them ; but such price shall not exceed ten cents for each copy of the list for a polling divi- sion. 61 V., c. 14, s. 10. 18. All voters' lists so printed by the King's Printer shall King's be authenticated by his imprint in the same manner as other print" S im ' parliamentary documents, and every copy of a voters' list pur- porting to bear such imprint shall be deemed to be for all pur- poses an authentic copy of the original list of record in the office of the Clerk, of the Crown in Chancery, and evidence of such original list may be given by the production of a copy thereof purporting to be printed by the King's Printer and to bear his imprint. ^4-5 E. VII., c. 13, s. 1. Alterations in Printed Lists. 19. If, under the provincial law, any changes in or additions Changes aud to a list of voters have been made since the final revision, it ^'^"f t0 i c ' oe noted on shall, upon the request oi any person presenting, tor the purpose, presented any such printed copy of the list, and paying or tendering the paj^ient°of sum of fifty cents, be the duty of the official having a record of 50 cents. such changes and additions, to make corresponding changes in and additions to such printed copy, and to certify under his hand as to the correctness of such changes and additions ; and such printed copy, with such changes and additions so certified, shall be deemed to be, for all purposes, an authentic copy of the list of voters as it exists and is in force at the time of such cer- tification. 61 V., c. 14, s. 10. King's Printer to keep Lists of Voters standing in Type. 20. The King's Printer shall keep standing in type every Ust kept by list of voters so printed by him, until he is furnished by the King's Clerk of the Crown in Chancery with a duly certified copy of standing in a later list for the same polling division, or of a later list or list? tv P e - showing some change in the polling division ; whereupon he shall correct such list so that it shall correspond with such later list or lists or shall make such other changes as are necessary; and he shall then keep standing in type such list so corrected, or any new resulting list or lists, until he has been furnished with a certified copy of a later list or lists affecting the same, 61 and R.S., 1906. Chap. 6. Dominion Elections. Part [. and bo on, so that there shall always, so far as practicable, be kept standing in type a correct copv of every finally revised provincial list of voters. CI V., c. 14, s. 10. Provincial Voters' Lists to be used at Dominion Elections until revised. It copy not 21. So long as and whenever, for any reason, a certified CfeJk of the r "! ,v °f :l, \ v list of voters as finally revised has not been trans- Crown in mitted to or received by the Clerk of the Crown in Chancery. SroviSi pursuant to the provisions of this Act, the original and legal list to be li a t for Dominion elections shall be the same as that for provin- cial elections. 61 V., c. 14, s. 10. Polling Divisions and Voters' Lists. Returning 22. The returning officer shall, forthwith after the receipt obtain docu- of the writ for an election, obtain from the officers who are the ment j n ■ • • 1 iv j* • • polling divi- documents or proceedings defining provincial polling divisions sions. or ( ] u ] v certified duplicates or copies thereof, — (a) such certified copies of the said by-laws, orders, procla- mations or other documents or proceedings as are necessary or as he deems necessary for the performance of his duties ; and, (b) such provincial voters' lists or certified copies thereof or extracts therefrom as he requires in addition to the lis!* supplied by the Clerk of the Crown in Chancery. 2. The legal custodian from whom any such document is so obtained shall be paid therefor the same fees, if any, as in the case of such document being obtained by a returning officer for the purposes of a provincial election. 63-64 V., c. 12, s. 22. Fees to cus- todian. Copies of voters' lists to be obtain- ed on pay- ment of fee. 23. The legal custodian of any voters' list shall deliver cer- tified copies thereof or of any part thereof, as last revised and corrected, to any person applying therefor, on payment therefor of a fee not exceeding the fee, if any, allowed by the provincial law in the like case, and not exceeding in any case ten cents for a printed list and one cent for every two names in writing, if the list or part of the list is written. " 63-G4 V.. c. 12, s. 22. 24. The polling divisions shall, except as herein otherwise provided, be those established by or under the laws of the pro- vince for the purposes of provincial elections within the territory comprised in the electoral district for which the election is held. 61 V., c. 14, s. 5. Case of a 25. Where any provincial polling division, as constituted at Son* not < en- 1 " the time of the receipt by the returning officer of the writ for an tirely within election, lies only partly within the electoral district for which district!** such election is to be held, the part thereof within such electoral 62 district R.S., 1906. Provincial polling divi- sions. Part I. Dominion Elections. Chap. 6. 7 district shall, for the purpose of that election, form a separate polling division, or it may be attached by the returning officer to an adjoining polling division ; and the returning officer shall, as soon as possible after the receipt of the writ, prepare from the existing voters' lists a separate voters' list containing the names of the persons entitled to have their names placed on the list for such part of such polling division. 61 V., c. 14, s. 8. 26. Where, for any part of any province, polling divisions Provincial are not established by or under the laws of the province, but, by Piling or under such laws, places are fixed where polls shall be opened used where and held at provincial elections and lists of the voters entitled p ° lhn s <*ivi- ii ii-ii sions are not to vote at such places at such elections have been prepared and established. are or have been in force, polls shall be opened and held in that part of the province at the same places, and the voters' lists so prepared and which are or were last in force shall be the voters' lists for the purposes of a Dominion election. 61 V r ., c. 14, s. 5. 27. Where, under the laws of the province, there are no poll- where there ing divisions for the purpose of provincial elections, the return- ^F e . n .° P° llin s . divisions re* ing officer shall forthwith after the receipt of the writ subdivide turning offi- the electoral district into as many polling; divisions as he deems ce , r *° divi , de " clsctor&l (lis - necessary for the convenience of the electors, adopting, so far triet into as he deems it expedient, the polling divisions, if any there were, (1lv,sloris - at the last Dominion election, and so that, as far as is possible, a polling division shall contain not more than three hundred and not fewer than two hundred qualified voters' names ; and he shall number or otherwise designate such polling divisions, and fix upon a suitable polling station in each. 2. It shall be the duty and shall be within the power of the Polling returning officer appointed by the Governor in Council to consti stations, tute polling divisions, and to appoint and fix polling places and polling stations in all cases where, under the laws of the pro- vince, it is respectively the duty or within the power of the returning officer or any other officer or person at provincial elec- tions to do so; and the returning officer shall, in all cases, indi- cate such polling places and polling stations in the election pro- clamation. 61 V., c. 14, s. 5 ; 63-64 V., c. 12, s. 23. 28. Where a polling division has more than three hundred Additional qualified voters according to the voters' list, the returning officer Stations shall provide separate and additional polling stations accordinu where more to the total number of qualified voters on the voters' list, near hundred to one another, for the polling of the votes in such polling divi- voten: - sion, and so that not more than three hundred, and, when practicable, not less than two hundred qualified voters' names shall be on the list for each polling station. 61 V., c. 14, s. 7. 29. The returning officer in such cases shall prepare, or cause separate lists to be prepared, from the voters' list for the polling division, a t0 1,e p«- on pared in such bo separate ,,., R.S., 1006. Chap. 6. Dominion Elections. Part II. separate list for each polling station, made up in alphabetical order according to the initial letter of the surname of each voter. Polling 2. Each separate polling station shall be designated by the natedby initial letters of the voters on the list who are to vote in such initial letters. Station, in the following manner, that is to say: — From A to K. ami from L to R, and from S to Z, or as the case may be. Voters to 3. Every voter, the initial letter of whose name is included in^iy. ' within the letters of the alphabet designating a polling station and contained in such list, shall vote in the station so desig- nated. Deputy -1. The returning officer shall appoint a deputy returning returning . . officer for officer for each such station, and shall deliver to such deputy each station. \ n ^ ue time a list certified by him to be a correct list of all voters on the voters' list whose surnames commence with the letters of the alphabet included within the letters by which such polling station is designated. 61 V., c. 14, s. 7. Non-resident Electors. Non-resident 30. The provisions of the law of the province as to the places voters. Tvhere non-resident electors shall vote shall apply mutatis mutandis to any Dominion election, and the returning officer at such election shall have the powers and be charged with the duties of the sheriff or returning officer under such provisions ; but nothing herein shall enable any person to vote by schedule or otherwise than by appearing personally. 61 V., c. 14, s. 5. PART II. PROVINCES OF SASKATCHEWAN AND ALBERTA AND YUKON TERRITORY. Application. Application. 31. This Part applies exclusively to the provinces of Sas- katchewan and Alberta and the Yukon Territory. Franchise. pualihcation 32. In the provinces of Saskatchewan and Alberta, except ^an a a 9 nd tche as in tnis Act otherwise provided, every male person shall be Alberta. qualified to vote at the election of a member under this Act, who, not being an Indian, is a British subject and of the full age of twenty-one years, and has resided in either of the said provinces for at least twelve months, and, in the electoral district where he seeks to vote, for at least three months, immediately preceding the issue of the writ of election : Provided that, except as hereinafter provided, an elector may only vote at the 64 polling R.S., 1906. Part II. Dominion Elections. Chap. 6. 9 polling station of the polling division in which he is a resident at the time of voting. 58-59 V., c. 11, s. 1 ; 4-5 E. VII., c. 28, s. 1. 33. In the Ynkon Territory, save as in this Act otherwise Same in provided, every male person shall be qualified to vote at the Yukon Terri- election of a member under this Act, who, not being an Indian, is a British subject and of the full age of twenty-one years, and has resided in such territory for at least twelve months im- mediately preceding the issue of the writ of election. 2 E. VII., c. 37, s. 4. Returning Officer. 34. In the provinces of Saskatchewan and Alberta and the Copy of Yukon Territory, one copy of this Act and of such instructions, ^thfndlfxto approved by the Governor in Council, as are necessary to carry be sent with out the elections according to this Act, with a copious alpha- #££ of elec " betical index prefixed, for the returning officer, and one for each of his deputies, shall be transmitted, with the writ of election, to the returning officer. 57-58 V., c. 15, s. 9 ; 2 E. VII., c. 37, s. 49. 35. In the provinces of Saskatchewan and Alberta, at least Posting up of eight days before the day fixed in the writ for the nomination P rocIama The P a P er required for the printing of the ballot nished by papers shall be furnished to the returning officer by the King's Printer. Printer, when the writ for the election is transmitted to him or as soon thereafter as possible. 1 E. VII., c. 16, s. 4. Numbering of ballot papers. 127. The ballot papers shall be numbered on the back of the stub and the counterfoil, the same number being printed or written on the stub as on the counterfoil, and shall be bound or stitched in books containing twenty-five, fifty or one hundred ballots, as may be most suitable for supplying the polling divi- sions proportionately to the number of voters in each. 1 E. VIL, c. 16, s. 4. Pri liter's name. 128. The ballot papers shall bear the name of the printer who prints them. 63-64 V., c. 12, s. 48. Affidavit of printer. Property of ballot boxes, etc. 129. The printer shall, upon delivering the ballot papers to the returning officer, file in his hands an affidavit setting forth the description of the ballot papers so printed by him, the number of ballot papers supplied to such returning officer, and the fact that no other ballot papers have been supplied by him to any one else. 63-64 V., c. 12, s. 48. 130. The property of the ballot boxes, ballot papers, enve- lopes and marking instruments procured for or used at any election shall be in His Majesty. 63-64 V., c. 12, s. 49. The Polling. Polling day. 131. Except as hereinbefore provided, the day for holding the poll shall be the seventh day next after the expiration of the day fixed for the nomination of candidates, that is, on the same or corresponding day of the week next after that on which the nomination has taken place, or, if such seventh day is a statutory holiday, then on the next following day not being a Sunday or a statutory holiday. 51 V., c. 10, s. 2 ; 63-64 V., c. 12, s. 50. Where the 132. The poll shall be held in each polling division in a held room or building of convenient access, with an outside door for the admittance of voters, and having, if possible, another door 86 through R.S., 1906. Part III. Dominion Elections. Chap. 6. 31 through which they may leave after having voted. 63-64 V., Compart- c. 12, s. 51. ments - 133. One or two compartments shall be made within the How room, so arranged that each voter may be screened from arran 8 ed - observation, and may, without interference or interruption, mark his ballot paper. 63-64 V., c. 12, s. 51. 134. In such compartment, a table or desk with a hard and Table or smooth surface shall be provided, upon which the voter may provided. e mark his ballot paper ; and a suitable black lead pencil shall be provided and kept properly sharpened throughout the hours of polling for the use of the voters in marking their ballots. 63-64 V., c. 12, s. 51. 135. The Clerk of the Crown in Chancery may give to the Instructions returning officers such instructions as are deemed necessary as !^ ^ erk of . to the mode of making the compartments, such instructions being Chancery, first approved by the Governor in Council. 63-64 V., c. 12, s. 51. 136. The poll shall be opened at the hour of nine of the Hours of clock in the forenoon and kept open until five of the clock in the P° llin s- afternoon of the same day; and each deputy returning officer shall, during that time, in the polling station assigned to him receive, in the manner hereinafter prescribed, the votes of the electors duly qualified to vote at such polling station. 63-64 V., c. 12, s.' 52. 137. In addition to the deputy returning officer and the poll who ma y be clerk, the candidates and their agents, not exceeding two in polling number for each candidate in each polling station, and, in the 6tation - absence of agents, two electors to represent each candidate on the request of such electors, and no others, shall be permitted to remain in the room where the votes are given during the time the poll remains open. 63-64 V., c. 12, s. 53. 138. Any agent bearing a written authorization from the .Agent candidate shall always be entitled to represent such candidate authorized in preference to, and to the exclusion of, any two electors who might otherwise claim the right of representing such candidate under this Act. 63-64 V., c. 12, s. 53. 139. Any person producing to the returning officer or 'Who may deputy returning officer, at any time, a written authority from ^ can'd!- 6 "* a candidate to represent him at the election or at any proceeding date. of the election, shall be deemed an agent of such candidate, within the meaning of this Act. 63-64 V., c. 12, s. 54. 140. A candidate may himself undertake the duties which Candidate any agent of his, if appointed, might have undertaken, or may 87 assist R.S., 1906. 32 Chap. 6. Dominion Elections. Part III. his own a pent. ,\< to pro- visions re- quiring pre- sence of agents. Counting of ballots be- fore opening of poll. Oath of secrecy. assist his agent in the performance of such duties and may be present at any place at which his agent may, in pursuance of this Act. be authorized to attend. 2. The non-attendance of any agent or agents of candidates at any time or place required by this Ad shall not in any wise invalidate any act or thing done during the absence of such agent or agents if such act or thing is otherwise duly done. 63-64 V.. c. L2 3 as. 55, 56. 141. Agents and electors entitled to be present in the room of the polling station during polling hours shall be entitled to have the ballot papers intended for use thereat carefully counted in their presence before the opening of the poll, and to inspect such ballot papers, and all other papers, forms and documents relating to the poll, provided such agents or electors are in atten- dance at least fifteen minutes before the hour fixed for opening the poll. 1 E. VII., c. 16, s. 5. 142. One of the agents of each candidate, and, in the absence of such agent, one of the electors representing each candidate, on being admitted to the polling station, shall take an oath in form IT, to keep secret the names of the candidates for whom any of the voters has marked his ballot paper in his presence. 63-64 V., c. 12, s. 58. Where elec- tors shall vote. In P.E.I. 143. Where there is a voters' list, each elector shall, subject to the provisions of the next following section, except, — (a) in the provinces of Saskatchewan and Alberta and the Yukon Territory; and, (b) in case of non-resident electors provided for in Part I. of this Act ; be entitled to vote at the polling station of the polling division or one of the polling divisions upon the list of voters for which his name is entered as such voter, and at no other. 2. In the province of Prince Edward Island, subject to the provisions relating to officers and agents employed at an election, every elector qualified to vote in the electoral district in which he resides shall vote in such district in the electoral division, or, in case such electoral division is subdivided, in the polling division thereof in which he resides, and not else- where; and every elector qualified to vote in an electoral district in which he does not reside shall vote in the polling division thereof in which is situate the property on which he claims to vote, and not elsewhere. 63-64 V., c. 12, s. 60. Provisions 144. Except in the provinces of Saskatchewan and Alberta officers le or tl0n and the Yukon Territory, the returning officer, on the request of any elector entitled to vote at one of the polling stations, who is appointed deputy returning officer or poll clerk, or who 88 ^ is U.S., 1906. Part III. Dominion Elections. Chap. 6. 33 is named the agent of any of the candidates for a polling station a ? en ts en- other than the one where he is entitled to vote, shall give to such vo te. elector a certificate that such deputy returning officer, poll clerk or agent is entitled to vote at such election at the polling station where such elector is stationed during the polling day, and, on the production of such certificate, such deputy returning officer, poll clerk or agent shall have the right to vote at the polling station where he is placed during the polling day, instead of at the polling station where he would otherwise have been entitled to vote : Provided that no such certificate shall entitle any such Proviso, elector to vote at such polling station unless he has been actually engaged as such deputy returning officer, poll clerk or agent during the day of polling and that no more than two agents of any candidate shall have the right to vote at any one polling place under such certificate. 2. The returning officer shall not grant such certificate for Limitation. more than two agents for each candidate at or for each polling station. 3. Every person so appointed deputy returning officer, poll Form of clerk or agent, and claiming to vote by virtue of such certificate, °' shall, if required, before voting, take the oath in form V. 4. Such oath, with the corresponding certificate of the Oath to be returning officer, shall be filed with the deputy returning fi,ed " officer at the polling station where the person taking it has voted. 63-64 V., c. 12, s. 61. 145.' At the hour fixed for opening the poll, the deputy Opening and returning officer and the poll clerk, shall, in the presence of L cc ^'~, of the candidates, their agents, and such of the electors as are present, open the ballot box and ascertain that there are no ballot papers or other papers therein, after which the box shall be locked, and the deputy returning officer shall keep the key thereof. 63-64 V., c. 12, s. 62. 146. Immediately after the ballot box is so locked, the Calling deputy returning officer shall call upon the electors to vote. 2. The deputy returning officer shall secure the admittance Voters not of every elector into the polling station, and shall see that hepe^V™' is not impeded or molested at or about the polling station. 63-64 V., c. 12, s. 63. 147. Not more than one elector for each compartment Elector to shall, at any one time, enter the room where the poll is held, Mine^etc! and each elector, upon so entering, shall declare his aame and addition, and, in the province of Prince Edward Island, his qualification also, which particulars shall be entered in tin- poll book by the poll clerk, a number being prefixed to the name. 2. The poll book shall be kept in form W. 63-64 V., c. 12, p oll book, s. 64. 89 148. K.S., 1906. 34 Chap. 6. Dominion Elections. Part III. If name is on list. 148. If the elector's name is found on the list of voters for the polling division of the polling station, he shall, subject to the provisions hereinafter contained, be entitled to vote. 63 64 V., c. 12, s. 64. If there is 149. If such person is qualified in any polling division where, by or under the provincial law, no list of voters is required, or provided, he shall be entitled to vote. 63-64 V., c. 12, s. 64. Persons pos- eessed of pro- vincial quali- fications, whose name is omitted from list. how entitled to vote. 150. Any person possessed of the qualifications generally required by the provincial law to entitle him to vote at a provincial election, whose name has been omitted from the list of voters on account only of, — (a) being the holder of any office ; or, (b) being employed in any capacity in the public service of Canada or of the province ; or, (c) belonging to or being engaged in any profession, calling, employment or occupation ; or, (d) belonging to any other class of persons who, although possessed of the qualifications generally required by the provincial law, are by such law declared to be disqualified by reason of their belonging to such class ; may, nevertheless, if not otherwise disqualified under the provi- sions of this Act, be entitled to vote at a Dominion election, on his taking or offering to take before the deputy returning officer or the poll clerk the oath in form X, in addition to any oath, %o far as such oath is applicable, which he might have been required to take if his name had been on the list. 1 E. VII., c. 15, s. 1 ; 1 E. VII., c. 16, s. 6. Voters on 151. If the name of any person is found on the manhood frageTist SU " suffrage registration list to be used at any polling station of an electoral district situate wholly or partly within the limits of a city or incorporated town in the province of Ontario to which the Manhood Suffrage Registration Act applies, and, if, between the time when such list came into force for the purposes of a Dominion election and the polling day at such election, such person has changed his residence from a part of such city or town comprised in such electoral district to a part thereof not so comprised, then, notwithstanding anything to the contrary in the provincial law as applicable, under this Act, to such elec- tion, such person shall not be disqualified from voting at such polling station. 1 E. VII., c. 16, s. 6. changing their resi- dence not disqualified. Addition to oath of voter. 152. From any oath which any such person offering his vote at any election may be required to take there shall be omitted any statements as to residence which he cannot, by reason of such change of residence as is mentioned in the next preceding sec- 90 tion, R.S., 1906. Part III. Dominion Elections. Chap. 6. 35 tion, truthfully make, and, instead of such statements, the fol- ' lowing paragraph may be added to such oath : — ' That you have resided in the city (or town) of of which this polling division is a part, continuously from the said day of 19 (insert here the day of the first sitting held for the registration of manhood suffrage voters; and, if the voter has been temporarily absent for any of the purposes allowed by law, insert the words following: — except occasionally or temporarily in the prosecution of your occupation as, — mentioning, as the case may be, — a lumberman. or mariner, or fisherman, or in attendance as a student in an institution of learning in the Dominion of Canada, — (naming the institution) — and that you are now actually a resident of and domiciled in the said city (or town).' 1 E. VII., c. 16, s. 6. 153. Except in the provinces of Saskatchewan and Alberta Oath by and the Yukon Territorv, an elector, if required by the deputy elector, returning officer, the poll clerk, one of the candidates, or an agent of a candidate, or by any elector present, shall, before receiving his ballot paper, take such oath of qualification as by the law of the province he may in the like case at a provincial election be required to take, such changes having been made in the form of oath as are necessary to make it applicable to the election being held, and shall also, if so required, take the oath in form Y. 63-61 V., c. 12, s. 65 ; 1 E. VII., c. 16, s. 1. 154. In the province of Prince Edward Island, an elector. Oaths, etc., if required by the deputy returning officer, the poll clerk, one p - E I - of the candidates, or an agent of a candidate, or by any elector present, shall, before receiving his ballot paper, answer such questions and produce such certificate or receipt, or, in case such certificate or receipt cannot be produced, take the oath in such cases prescribed, and take such other oath of qualification as by the law of the province he may, in the like case, at a provincial election, be required to answer, produce, or take, such changes having been made in the form of oaths as are necessary to make them applicable to the election being held. 63-64 V., c. 12, s. 66. 155. In the province of Prince Edward Island, if any per Objections to son desires to vote whose right to vote is objected to on the p ote / s ' r in ground of want of qualification, and if a candidate, or any agent of a candidate, or, in the absence of such agent, any elector ac ing in the interest of a candidate, so objects in the presence of the elector, the deputy returning officer, in addition to placing his initials on the back of the ballot paper, as provided by this Act, shall also place on the back thereof a number corresponding to that placed opposite the voter's name in the poll book ; and such person having taken, if required, the oaths prescribed by this Act and the laws of the province, and having otherwise com- 01 plied R.S., 1906. 36 Chap. 6, Dominion Elections. Part III. plied with tlio requirements of the law, shall be entitled to receive such ballot paper and 1" vote. 63-64 V., c. 12, s. 67. Voter refusing oath not entitled to vote. 156. Except in the provinces of Saskatchewan and Alberta and the Yukon Territory, no voter who has refused to take the oath or affirmation, or to answer questions or produce evidence as i" qualification as by this Act required, or to take the oath in form V. when required to do so, shal] receive a ballot paper or be admitted to vote. 63-6 1 V s. 1; 2 E. VII.. e. 37, s. 55. 13, s. 68; 1 E. VII., c. 16, on military service. Qualifies- 157. Notwithstanding anything contained in any Act of voters absent Parliament or in any Act of a provincial legislature, no person otherwise qualified to vote at an election of a member to serve in the House of Commons shall be incompetent to vote at such election by reason only of his having been absent from the electoral district in which such election is held, on account of his serving with or being attached to any corps despatched from Canada for military service, or performing military service within Canada, whether as an officer, a non-commissioned officer or a private, or in any other capacity, or while serving His Majesty in any military capacity, or acting as a war corres- pondent in connection with any war in which a Canadian con- tingent is serving. 63-04 V., c. 12, s. 69. Oath of such voter. 158. From any oath which any person tendering his vote at such an election may be required to take, there shall, in the case of any person within the meaning of the preceding section, be omitted any statements as to residence which such person cannot by reason of such absence as aforesaid truthfully make, and there may be added to any such oath one of the following paragraphs : — ' That you served with (or were attached to) the corps known as as (an officer, non-commissioned officer or private, or otherwise, as the case may be), — or ' That you served His Majesty in connection with the war in a military capacity as , — or ' That in connection with the war you acted as a war correspondent and that you were in consequence absent from this electoral district from the dav of to the day of 19 .' 63-C4 V.,' c. 12, s. 69. If such voter's name is not on the list. 159. If the name of any such person is not upon the list of voters, and it might have been put thereon had he not been so absent, such person shall nevertheless be entitled to vote upon his offering to take, and taking, if so requested, before the deputy returning officer or other person in charge 92 of R.S., 1906. Part III. Dominion Elections. Chap. 6. 37 of the polling station, any oath he might otherwise have been required to take, omitting statements therein as to his name being upon the list which he cannot by reason of such absence truthfully make, and one of the paragraphs prescribed in the last preceding section being added thereto as well as the follow- ing paragraph : — ' That you were qualified to have your name upon the list of voters at the time such list was prepared, except for the fact of your absence from Canada as aforesaid.' 63-64 V., c. 12, s. 69. Manner of Voting. 160. The votes shall be given by ballot, and each elector Ballot paper who is entitled to vote shall receive from the deputy returning ■ obe ]] officer a ballot paper, on the back of which such deputy return- numbered. ing officer has previously put his initials, so placed, as indicated in form T, that when the ballot is folded they can be seen without opening it, and on the back of the counterfoil of which he has placed a number corresponding to that placed opposite the voter's name in the poll book. 1 E. VII., c. 16, s. 7. 161. The deputy returning officer shall instruct the elector instructions how and where to affix his mark, and how to fold his ballot to e ! e ? tor on paper, but without inquiring or seeing for whom the electoi ballorpaper. intends to vote, except in the case herein provided for of anv voter who is unable to read, or is incapacitated by blindness or any physical cause, from voting in the manner prescribed bv this Act. 63-64 V., c. 12, s. 71. 162. The elector, on receiving the ballot paper, shall forth Mode of with proceed into one of the compartments of the polling station. JJJ^Sf and and there mark his ballot paper, making a cross with a blacl< ballot. lead pencil within the white space containing tho name of the candidate, or of each of the candidates for whom he intends to vote, and shall then fold up the ballot paper so that the initials and stamp on the back of it and the number on the counterfoil can be seen without opening it, and hand it to the deputy return- ing officer, who shall, without unfolding it, ascertain, by examin- ing his initials and the stamp and the number on the counter- foil, that it is the same paper he furnished to the elector, and shall then, in full view of all present, including the elector, remove the counterfoil and destroy it and place the ballot paper in the ballot box, which box shall bo placed on the tabic in full view of all present. 63-64 V., c. 12, s. 72. 163. A voter who has inadvertently dealt with the ballot Elector spoil- paper i:iven him in such manner that it cannot conveniently be n '- i 1 "" baUot used shall return it to the deputy returning officer who shall 93 defi E.S., 1906. 38 Chap. 6. Dominion Elections. Part III. deface it and deliver the voter another ballot paper in its place, 63-64 V., c. 12, s. 73. r in 164. If a person representing himself to be a particular \vhos6 niuiii' * ■*■ D another has elector applies for a ballot paper after another person has voted voted dy as suc ^ e ^ ector ? he shall be entitled to receive a ballot paper and to vote after taking the oath, — (a) in form AA, if his name is on the list of voters ; (b) in form X, if his name is not on the list of voters ; or, (c) in the form required by the provincial law, if there is no list of voters ; and, (d) otherwise establishing his identity to the satisfaction of the deputy returning officer. 63-64 V., c. 12, s. 74. ^v°ii P j l - er \ 165. In such case, the deputy returning officer shall put on numbered. the back of the ballot paper his initials together with a number corresponding to the number entered on the poll book opposite the name of such voter. Entry in poll £. The name of such voter shall be entered in the poll book and a note shall be made of his having voted on a second ballot paper issued under the same name, and of the fact of the oath of qualification having been required and taken, as well as of any objections made on behalf of any and which of the candi- dates. 63-64 V., c. 12, s. 74. Voter unable 166. The deputy returning officer, on the application of any ballot paper, voter who is unable to read or is incapacitated by blindness or other physical cause from voting in the manner prescribed by this Act, shall assist such voter by, — (a) marking his ballot paper in the manner directed by such voter, in the presence of the sworn agents of the candidates, or of the sworn electors representing the candidates in the polling station, and of no other person; and, (b) placing such ballot in the ballot box. Oath of 2. The deputy returning officer shall require the voter making such application, before voting, to make oath in form BB of his incapacity to vote without assistance. 63-64 V., c. 12, s. 75. voter. Entry in noil 167. Whenever any voter has had his ballot paper marked as provided in the next preceding section, the deputy returning officer shall enter in the poll book opposite the voter's name in addition to any other requisite entry, the reason why such ballot paper was marked by him. 63-64 V., c. 12, s. 75. Interpreter 168. Whenever the deputy returning officer does not under- in certain stand the language spoken by any such elector claiming to vote, cases. ] 1G shall swear an interpreter, who shall be the means of com- munication between him and such elector with reference to all matters required to enable such elector to vote, and in case no 94 interpreter R.S., 1906. Part III. Dominion Elections. Chap. 6. 39 interpreter is found, such elector shall not be allowed to vote. If the inter- 63-64 V., c. 12, s. 75. GTSS""* 169. Every elector shall vote without undue delay, and No delay in shall quit the polling station so soon as his ballot paper has been put into the ballot box. 63-64 V., c. 12, s. 76. 170. No person shall vote more than once in the same elec- Voting more toral district at the same election, but each elector may vote for *^° °" ce _ in as many candidates as are required to be elected to represent toral district the electoral district for which the election is held. 63-64 V., P rollibited - c. 12, s. 77. 171. The poll clerk shall enter in the poll book to be kept En *riesin by him as aforesaid, opposite the name of each elector voting, the word Voted, as soon as his ballot paper has been deposited in the ballot box, and he shall enter in the same book the word Sworn or Affirmed opposite the name of each elector to whom the oath or affirmation as to qualification has been admin- istered, and the words Refused to he sworn or Refused to affirm or Refused to answer opposite the name of each elector who has refused to take any oath or to affirm, when he has been legally required so to do, or has refused to answer ques- tions which he has been legally required to answer, and, in Prince Edward Island, the words Objected to opposite the name of persons voting, whose right has been objected to on the ground of want of qualification. 2. The poll clerk shall also enter in the poll book the words idem. Provincial disqualifications oath taken opposite the name of each elector to whom the oath in form X has been administered, and the words Refused to take provincial disqualifications oath opposite the name of each such elector who has refused to take that oath. 63-64 V., c. 12, s. 78. Counting of the Vote. 172. Immediately after the close of the poll, the deputy Counting returning officer shall first place all the spoiled ballots in anj 0te ^ by envelope and seal it up, and shall then count the number of returning voters whose names apnear on the poll book as having voted, officers - and make an entry thereof on the line immediately below the name of the voter who voted last, thus : — The number of voters who voted at this election in this polling division is (stating the number), and he shall sign his name thereto; then, in the presence of and in full view of the poll clerk and the candidates or their agents, and, if the candidates and their agents or any of them are absent, then in the presence of such, if any, of them as are present, and of at least three electors, lie 95 shall E.S., 1906. 40 Chap. 6. Dominion Elections. Part III. shall open the ballot box and proceed to count the number of voics given for each candidate, giving full opportunity to those preserif to examine each ballot. 63-64 V., c. 12, s. 80. ng of 173. In counting the votes, the deputy returning officer shall reject all ballot papers, — (a) which have not been supplied by him ; or, (b) by which votes have been given for more candidates than are to be elected ; or, (c) upon which there is any writing or mark by which the voter could be identified, other than the numbering by the deputy returning officer in the cases hereinbefore pro- vided for. 63-64 V., c. 12, s. 80. Objections to 174. The deputy returning officer shall take a note of ballot papers. everv objection made by any candidate, or his agent or any elector present, to any ballot paper found in the ballot box, and shall decide every question arising out of the objection; and the decision of the deputy returning officer shall be final, subject to reversal on recount or on petition questioning tho election or return. To be 2. Each objection to a ballot paper shall be numbered, and numbered. a correS p 0no ling number placed on the back of the ballot paper and initialled by the deputy returning officer. In P. E. 1. 3, This section shall not apply, in the province of Prince Edward Island, to the determination of the qualification or non-qualification of any voter whose ballot paper has been numbered and initialled under this Act. 63-64 V., c. 12, s. 81. Duties of 175. All the ballot papers not rejected by the deputy deputy re- returning; officer shall be counted and a list kept of the number turning om- to. r , cer after of votes given to each candidate, and ol the number oi rejected counting the ^allol p a p erSj an d a \\ the ballot papers indicating the votes given for each candidate respectively shall be put into separate envelopes or parcels. Disposition 2. All rejected, spoiled and unused ballot papers shall be put respectively into separate envelopes or parcels and all such envelopes or parcels shall be endorsed so as to indicate their contents, and shall be sealed by the deputy returning officer, and shall be marked with the signatures of any agents present in the polling station who are willing to do so, by writing their signatures across the flap thereof, and such agents, if they desire to do so, may affix their seals on the flap. 63-64 V., c. 12, s. 82. Counting of 176. In the province of Prince Edward Island, the deputv ballot papers returning officer shall also, in counting the ballots, place all in P. E. I. ... . ballot papers numbered and initialled under this Act counted for the candidate for whom respectively they have been cast, in a separate envelope or parcel. -63-64 V., c. 12, s. 82. 96 177. E.S., 1906. of ballot papers Part III. Dominion Elections. Chap. 6. 41 177. The deputy returning officer and the poll clerk, Oath by immediately after the completion of the counting of the votes, turning oV shall take and subscribe respectively the oaths in forms CC and cer and poll DD, which shall remain attached to the poll book. 63-64 V., derk ' c. 12, s. S3. 178. The deputy returning officer shall make out a state- Statement by ment in triplicate, in form EE, one copy to remain attached deputy re- to the poll book, one copy to be retained by the deputy return- officer. ing officer, and the third copy to be inclosed by him in a special envelope supplied for the purpose, which envelope he shall seal and deposit in the ballot box. 63-64 V., c. 12, s. 83. 179. The deputy returning officer shall then deliver to Certificate to each of the candidates, or to their agents, or, in the absence SSfrrepre- * of such candidates or agents, to the electors present representing sentatives. the candidates, a certificate in form FF, of the number of votes given for each candidate, and of the number of rejected ballot papers ; and he shall also, forthwith after the close of the poll, mail to each candidate, by registered letter to their addresses stated in the ballot paper, a like certificate. 63-64 V., c. 12, s. 83. 180. The poll book, the envelopes containing the ballot Documents papers, the envelope containing the voters' lists, and all other in ballot box. documents which served at the election shall then be placed in the large envelope supplied for the purpose, and this large envelope shall then be sealed and placed in the ballot box. 63-64 V., c. 12, s. 83. 181. The ballot box shall then be locked and sealed with Ballot box to the seal of the deputy returning officer, and shall be forthwith delivered. a ° delivered by the deputy returning officer to the returning officer, or to the election clerk, or to one or more persons speciallv appointed for that purpose by the returning officer, who shall receive the same ; and such person or persons shall, on deliver- ing the ballot boxes to the returning officer, take the oath in form GG. 63-64 V., c. 12, s. 83. Proceedings of Returning Officer after return of Ballot Boxes. 182. The returning officer, upon the receipt by him of Safe-keeping each of the ballot boxes, shall take every precaution for its boxes. safe-keeping and for preventing any person other than him- self and his election clerk from having access thereto, and shall immediately upon the receipt of each ballot box seal it under his own seal in such a way that it cannot be op without the seal being broken, and this he shall do withoul effacing or covering the seals Thereto affixed. 63-64 V., c. 12, s. 84. 7 97 183. R.S., 1906, 42 Chap. 6. Dominion Elections. Part III. Addition of 183. The returning officer, at the place, day and hour returning appointed by his proclamation, and after having received all officer. the k a ]i t boxes, shall proceed to open them, in the presence of the election clerk, the candidates or their representatives, if pre- sent, or of at least two electors, if the candidates or their repre- sentatives are not present, and to add together the number of votes given for each candidate, from the statements contained in the several ballot boxes returned by the deputy returning officers of the ballot papers counted by them. 63-64 V., c. 12, s. 85. Declaration 184. The candidate who, on the addition of the votes is thereupon. f oim( j to have a majority of votes shall then be declared elected. 63-64 V., c. 12, s. 85. Casting vote 185. "Whenever, on the addition of votes by the returning officer!"" 11111 * officer, an equality of votes is found to exist between any two or more candidates, and an additional vote would entitle any of such candidates to be declared elected, the returning officer shall give such additional or casting vote. 63-64 V., c. 12, s. 86. Adjournment 186. If the ballot boxes are not all returned on the day fixed boxes are f° r adding up the number of votes given to the several candi- missing. dates, the returning officer shall adjourn the proceedings to a subsequent day, which shall not be more than a week later than the day originally fixed for the purpose of adding up the votes. 63-64 V., c. 12, s. 87. Adjournment 187. In case any deputy returning officer has not duly causes. 6r inclosed in the ballot box the statement of the ballot papers counted by him as required by this Act, or if, for any other cause, the returning officer cannot, at the day and hour appointed by him for that purpose, ascertain the exact number of votes given for each candidate, the returning officer may thereupon adjourn to a future day and hour the said adding up of the number of votes given for each candidate, and so from time to time, such adjournment or adjournments not in the aggregate to exceed two weeks. 63-64 V., c. 12, s. 87. Provision in 188. If the ballot boxes or any of them have been destroyed of S ballot° a or lost, or, for any other reason, are not forthcoming within the boxes. time fixed by this Act, the returning officer shall ascertain the cause of the disappearance of such ballot boxes, and shall call on each of the deputy returning officers whose ballot boxes are missing, or on any other person having them, for the lists, state- ments and certificates or copies of the lists, statements and cer- tificates, of the number of votes given to each candidate required by this Act, the whole verified on oath. 63-64 V., c. 12, s. 88. 98 189. R.S., 1906. Part III. Dominion Elections. Chap. 6. 43 189. If such lists or statements, or any of them, or copies if lists, etc., thereof cannot be obtained, the returning officer shall ascertain, c i nnot £ e by such evidence as he is able to obtain, the total number of votes given to each candidate at the several polling stations ; and, to that end, may summon any such deputy returning officer, his poll clerk, or any other person, to appear before him at a day and hour to be named by him, and to bring all necessary papers and documents with him, of which day and hour and of the intended proceedings the candidates shall have due notice ; and the returning officer may examine on oath such deputy return- ing officer or poll clerk, or any* other person, respecting the matter in question. 63-64 V., c. 12, s. 88. 190. In case of an adjournment by reason of any deputy Duty of returning officer not having placed in the ballot box a statement r( £ urmn f g of the ballot papers counted by him, the returning officer shall, statement in the meantime, use all reasonable efforts to ascertain the exact ™ox in ballot number of votes given for each candidate in the polling division of such deputy returning officer, and, to that end, shall have the powers set out in the next preceding section. 63-64 V v c. 12, s. 88. 191. In any case arising under the two last preceding sec- Return of tions, the returning officer shall return the candidate appearing candlda te . ,° fl o appearing to have the majority of votes, and shall mention specially, in a to have report to be sent with the return, the circumstances accompany- ma J ontv - ing the disappearance of the ballot boxes, or the want of any statement as aforesaid, and the mode by which he ascertained the number of votes given to each candidate. 63-64 V., c. 12, s. 88. 192. After the close of the election, the returning officer Custody of shall cause to be deposited in the custody of the sheriff of the after* the XeS county or district, or of the registrar of deeds in the county or election, registration division, or of the postmaster in the locality, in which the nomination was held, the ballot boxes used at the election; and the sheriff, registrar or postmaster shall, at the next ensuing election, deliver such ballot boxes to the returning officer named for such election. 63-64 V., c. 12, s. 69. Recount by Judge. 193. If within four days after that on which the returning Provision for officer has made addition of the votes for the purpose of declar- c ec0 i un L°f- ,. , , ,. -, , , , . . x . r final addition ing the candidate or candidates elected, it is made to appear on of votes by the affidavit of a credible witness, to the judge of the county a J ud s e - court of the county or union of counties, or to the judge of the judicial district in which the electoral district or any part thereof is situated, or, in the province of Quebec, to a judge of the Superior Court ordinarily discharging his duties in the judicial district in which the electoral district or any part 7-i 99 thereof R.S., L906. 44 Chap. 6. Dominion Elections. Part III. Grounds for application. Security costs. for Time to be appointed. thereof is situated, or, in the province of Saskatchewan or Alberta, to a judge of the Supreme Court of the Northwest Territories pending the abolition of that Court by the legisla- ture of the province, and, thereafter, to a judge of such superior court of justice as, in respect of the civil jurisdiction of the said Court, is established in the province in lieu thereof, or, in the Yukon Territory, to a judge of the Territorial Court, that a deputy returning officer at an election in such electoral dis- trict, in counting the votes, has, — ( a ) improperly counted ; or, (b) improperly rejected any ballot papers at such election; or, (c) made an incorrect statement of the number of ballot, papers cast for any candidate; or, (d) improperly added up the votes; and, if the applicant deposits within the said time with the clerk of the count v or district court or, in the province of Quebec, with the prothonotary of the Superior Court in the said judicial district, or, in the province of Saskatchewan or Alberta, with the clerk of the Supreme Court of the Northwest Territories, pending the abolition of that Court by the legislature of the pro- vince, or thereafter, with the clerk of such superior court of justice, as in respect of the civil jurisdiction of the said Court, is established for the province in lieu thereof, for the judicial district in which such electoral district or any part thereof is situated, or, in the Yukon Territory, with the clerk of the Yukon Territorial Court, as the case may be, the sum of one hundred dollars in legal tender, or in the bills of any chartered bank doing business in Canada, as security for the costs in con- nection with the recount or final addition, of the candidate appearing by the addition to be elected, the said judge shall appoint a time within four days after the receipt of the said affidavit by him, to recount the votes or to make the final addi- tion thereof, as the case may be. 57-58 V., c. 15, s. 11 ; 03-64 V., c. 12, s. 90; 2 E. VII., c. 37, s. 50; 4-5 E. VII., c. 3, s. 10, c. L2, s. 10. Notice. Service of notice. 194. The judge shall give notice in writing to the candidates or their agents of the time and place at which he will proceed to recount the votes, or to make such final addition, as the case may be; and the judge may, at the time of the application or afterwards, direct that service of the notice upon the candidates or their agents may be substitutional, or may be made by mail or bv posting, or in such other manner as he thinks fit. 03-04 V., c 12, s.^90. Order of judge to returning officer. R.S., 1900. 195. The judge shall summon and command the returning officer and his election clerk to attend then and there with the parcels containing the ballot napers used at such election, or the original statements of the deputy returning officers, as the case 100 may Part III. Dominion Ejections. Chap. 6. 45 may be, with respect to or in consequence of which such recount or final addition is to take place, which command the returning officer and election clerk shall obey. 63-64 V.. c. 12, s. 90. 196. At such recount of votes or final addition by the judge, who may be the returning officer and his election clerk shall be present, and present at each candidate shall be entitled to be represented by not more than three agents appointed to attend, and may himself be present if he desires. 2. In case any candidate is not represented, then any three If candidate electors may declare their desire to attend in his behalf, and not r fP re " i n i '• i i t sented. shall be entitled to attend. 3. Except with the sanction of the judge, no other person Authority of shall be present at such recount or final addition. 63-64 V., c. Judge. 12, s. 90. 197. At the time and place appointed, and in the presence Making final of the said persons, the judge shall proceed to make such final addition or addition from the statements contained in the several ballot boxes returned by the several returning officers, or to recount all the votes or ballot papers returned by the several deputy return- ing officers, as the case may be, and shall, in the latter case, open the sealed packets containing, — - Opening (a) the used ballot papers which have been counted ; packets of (b) the rejected ballot papers ; ballots. (c ) the spoiled ballot papers ; and he shall open no other ballot papers. 63-64 V., c. 12, s. 90. 198. The judge shall, as far as practicable, proceed con- Proceedings tinuously, except on Sunday, with the final addition or recount *? be con " of the votes, allowing only time for refreshment, and excluding, except so far as he and the persons aforesaid agree, the hours between six o'clock in the afternoon and nine in the succeeding forenoon. 2. During such excluded time and recess for refreshments, During ex- the iudge shall place the ballot paoers and other documents c , Iuded tll ^\ - «J ° . ' . , , li- t ii QOC1 relating to the election closed under his own seal and the seal be under of such other of the said persons as desire to affix their seals, and shall otherwise take all necessary precautions for the security of such papers and documents. 63-64 V., c. 12, a. 90. 199. The judge shall, in the case of a recount, proceed to Mode of pro- recount the votes according to the rules set forth for every the recount/ deputy returning officer at the close of the poll, and shall verify or correct the ballot paper account and statement of the number of vote- given for each candidate. 1 E. VII., c. 16, s. 8. 200. Upon the completion of such recount, or as soon as After com- be has so ascertained the result of the poll, the judge shall counT" judge seal up all the said ballot papers in separate packets. 1 E. VII. , to seal up n 1 d c 3 ballots in C. ±0, s. o. rate 101 201. R.S., 1906. 46 Chap. 6. Dominion Elections. Part III. Powers of judge. Idem. 201. The judge shall also, if necessary or required, review the decision of the returning officer with respect to the number of votes given for a candidate at any polling place, where the ballot box used was not forthcoming when he made his decision, or when the proper certificates or papers were not found therein. 2. For the purpose of arriving at the facts, the judge shall have all the powers of a returning officer with regard to the attendance and examination of witnesses. 63-64 V., c. 12, s. 90. Certificate by 202. The judge shall forthwith certify the result of the judge. recount or final addition to the returning officer, who shall then declare to be elected the candidate having the highest number of votes. Casting vote 2. In case of an equality of votes, the returning officer shall offie'rTcafe give the casting vote. 63-64 V., c. 12, s. 90. of tie. Costs. 203. If the recount or final addition does not so alter the lesult of the poll as to affect the return, the judge shall order the costs of the candidate appearing to be elected to be paid by the applicant. 63-64 V., c. 13, s. 90. Costs to be 204. The judge shall tax the costs on giving his decision; taxed. an( j ghai^ as nearly as may be, follow the tariff of costs to be allowed with respect to proceedings in the court in which the judge ordinarily presides. 63-64 V., c. 12, s. 90. As to dis- posal of deposit. Action for balance of costs. 205. The moneys deposited as security for costs shall be paid out to the said candidate on account thereof, so far as necessary. 2. If the deposit is insufficient, the party in whose favour costs are awarded shall have his action for the balance. 63-64 V., c. 12, s. 90. Failure of judge to act. Remedy. Procedure if the Judge fails to comply. 206. In case of any omission, neglect or refusal of the judge to comply with the foregoing provisions in respect of the recount or final addition therein provided for, or to pro- ceed therewith, then any party aggrieved may, within eight days thereafter, make application, — (a) in the province of Ontario, to a judge of any division of the High Court of Justice ; (b) in the province of Quebec, to a judge of the Court of King's Bench ; (c) in the province of Nova Scotia, New Brunswick, Prince Edward Island or British Columbia, to a judge of the Supreme Court of the province ; (d) in the province of Manitoba, to a judge of the Court of King's Bench ; 102 (e) P.S., 1906. Part III. Dominion Elections. Chap. 6. 47 (e) in the province of Saskatchewan or Alberta, to the Supreme Court in banc of the Northwest Territories pend- ing the abolition of that Court by the legislature of the province, and thereafter, to such superior court of justice, as in respect of the civil jurisdiction of the said Court, is established for the province in lieu thereof; (f) in the Yukon Territory, to the Territorial Court in banc; •for an order commanding the judge to comply with such direc- tions and to proceed with and complete such recount or final addition. 57-58 V., c. 15, s. 11; 63-64 V., c. 12, s. 91; 2 E. VII., c. 37, s. 50; 4-5 E. VII., c. 3, s. 16, c. 42, s. 16. 207. Such application may be made upon affidavit, which Order of need not be entitled in any matter or cause, setting forth the j^ing?* facts relating to such omission, refusal or neglect. 2. The judge or court, as the case may be, to which the application is made shall, if it appears that there is such omission, refusal or neglect, make an order appointing a time, within eight days, and a place for the consideration of such application, and directing the attendance of all parties interested Notice to at such time and place, and giving such directions for the service j^^ a and of the order and of the affidavit or affidavits upon which the order was granted, upon the judge so alleged to be in default, and upon, the other parties interested, as he thinks proper. 3. If the circumstances appear to the judge or court, as Service of the case may be, to warrant it, the judge or the court may notice- direct that service upon any of such parties may be substitu- tional, or may be made by mail or by posting, or in such other manner as he thinks fit. 63-64 V., c. 12, s. 91. 208. The judge complained of, or any of the parties in- Affidavits terested, may file in the office of the clerk, registrar or pro may be file(1 thonotary of the court to which or to a judge of which the application is made, as the case may be, affidavits in reply to those filed by the applicant, and, upon demand, shall furnish him with copies thereof. 63-64 V., c. 12, s. 91. • 209. At the time and place appointed by the judge or court. Order of ;ts the case may be, or at any other time and place to which the tearing, hearing may be adjourned, after hearing the parties, or such of them as are presenl or their counsel, the judge or some other judge of the same court, or the court shall make such order as the facts of the case, in the opinion of the judge or court, war- rant, either dismissing the application or commanding the judge in default to take such action as is necessary in order to a compliance with the requirements of this Act in respect of the recount or final addition of votes by a judge, and to proceed with and complete such recount or final addition, and may in ike -uch order as to costs as the judge or court thinks proper. 63-64 Y. } c. 12, s. 91. 103 210. R.S., 1906. 4S Chap. 6. Dominion Electiojis. Pari 111. Judge to obey order. Return of candidate elected. Form of return. 210. A judge so found to be in defaull as aforesaid shall forthwith carry out the directions of any order so made; and (here shall be the same remedies for the recovery of the costs awarded by such order as for that of the costs in ordinary cases in the Bame court. 63-64 V., c. 12, s. 91. Election Return. 211. The returning officer shall immediately after the sixlh day after the final addition or the ascertainment by him of the number of votes given for each candidate, unless, before that time, he receives notice that he is required to attend before a judge for the purpose of a recount or final addition by such judge of the votes given at the election, and, where there has been a recount or final addition by the judge, immediately thereafter, transmit his return to the Clerk of the Crown in Chancery that the candidate having the largest number of votes lias been duly elected, and shall forward to each of the candidates a duplicate or copy thereof, and such return shall be in form H'H. E.S., c. 7, s. 60 ; 63-64 V., c. 12, s. 92 ; 2 E.-VIL, c. 37, s. 47. Report by returning officer. Return not 212. The returning officer shall, after the receipt of notice untifcerti- 6 from the judge or court that a recount or final addition will be ficate of had, delay transmitting his return to the Clerk of the Crown received. m Chancery until he receives a certificate from the judge of the result of such recount or final addition; and, upon receipt of such certificate, he shall proceed to make his return. 63-64 V., c. 12, s. 90. 213. The returning officer shall accompany his return to the Clerk of the Crown in Chancery with a report of his pro- ceedings, in which report he shall make any observations lie thinks proper as to the state of the ballot boxes or ballot papers as received by him. 63-64 V., c. 12, s. 92. Certain docu- 214. The returning officer shall also transmit to the Clerk of sent t with be tne Crown in Chancery the writ, with his return, the stamp return. furnished him for stamping the ballot papers and all the ballot papers, including those unused, the original statements of the several deputy returning officers, together with the lists of voters and the poll books used in the several polling divisions, and all other lists and documents used or furnished for the election, or which have been transmitted to him by the deputy returning officers. 63-64 V., c. 12, s. 92. How sent. 215. Such return and report shall be sent through the post office, after being registered. 63-64 V., c. 12, s. 92. If return is 216. In the event of the returning officer making a return irregular. anc i re p 0r t to the Clerk of the Crown in Chancery not comply- 104 ing R.S., 1906. Part III. Dominion Elections. Chan. 6. 49 ing with the provisions of the five sections last preceding, or making a return and report pending- an application before a judge or court for an order commanding the judge to comply with the foregoing provisions for a recount or final addition, the Clerk of the Crown in Chancery shall return the said report and return, together with all ballot papers, to the returning officer on presentation of an order of a judge or court having jurisdic- tion in respect of such application. 63-64 V., c. 12, s. 92. 217. The Clerk of the Crown in Chancery shall, on receiving Notice of the return of any member elected to serve in the House of retu ™ in Commons, enter it in a book to be kept by him for such purpose Gazette. in the order in which such return is received by him, and there- upon immediately give notice in the ordinary issue of the Canada Gazette of the name of the candidate so elected and in the order in which it was received. 63-64 V., c. 12, s. 94. Custody of Election Papers. 218. The Clerk of the Crown in Chancery shall, subject to Clerk of the the provisions of this Act, retain in his possession the papers £j" own "" transmitted to him by any returning officer, with the return, for to retain at least one year, if the election is not contested during that time, P a P ers « etc - and, if the election is contested, then for one year after the ter- mination of such contestation. 63-64 V., c. 12, s. 95. SECRECY. 219. Every candidate, officer, clerk and agent in attendance Secrecy at a polling station shall maintain and aid in maintaining the dunn s poll, secrecy of the voting at such polling station ; and no such candi- date, officer, clerk or agent shall, before the poll is closed, com- municate to any person any information as to whether any per- son on the list of voters has or has not applied for a ballot paper or voted at that polling station. 63-64 V., c. 12, s. 96. 220. iSTo candidate, officer, clerk, agent or other person shall Interfering interfere with, or attempt to interfere with a voter when mark- markiwc* 61 ing his ballot paper, or otherwise attempt to obtain at the poll- ballot." ing station information as to the candidate for whom any voter at such polling station is about to vote or has voted. 63-64 V., c. 12, s. !Mi. 221. No elector shall, except when unable to read or in- Ballot not to capacitated by blindness or other physical cause from voting in 1 "' displayed. the manner prescribed by this Act, show his ballot paper, when marked, to any person so as to allow the name of the candidate for whom he voted to be known. 63-6 I Y., c. L2, s. 96. 222. Xo person shall, directly or indirectly, induce or Inducing endeavour to induce any voter to show his ballot paper after he p^^ballot 105 has R.S., 1906. Chap. 6. Dominion Elections. Part III. has marked it, so as to make known to any person the name of the candidate for or against whom he lias so marked his vote. 63-64 V., c. 12, s. 96. ' K,'i!,'!!"nn,"\ 223, Xo 0:in,li,1;,r(, < officer, clerk, agent, or other person shall be disclosed, communicate at anv time to any person any information as to the number on the back of the ballot paper given to any voter at a polling station, except to a court or judge lawfully requiring him so to do, or attempt to ascertain at the counting of the vote? the number on the back of any ballot paper. 63-64 V., c. 12, s. 96. Vote not to be di>< Secrecy respect in.? counting of votes. 224. No candidate, officer, clerk, agent or other person shall communicate at any time to any person any information obtained at a polling station as to the candidate for whom any voter at such polling station is about to vote or has voted. 63-64 V., c. 12, s. 96. 225. Every candidate, officer, clerk and agent in attendance at the counting of the votes shall maintain and aid in maintain- ing the secrecy of the voting; and no such candidate, officer, clerk or agent shall attempt to obtain at such counting any information or communicate any information obtained at such counting as to the candidate for whom any vote is given in any particular ballot paper. 63-64 V., c. 12, s. 96. Secrecy of 226. No person who has voted at an election shall, in any tected. legal proceeding questioning the election or return, be required to state for whom he voted. 63-64 V., c. 12, s. 97. Inspection of Ballot Papers. Inspection of 227. No person shall be allowed to inspect any ballot paper custody 1 of i n tne custody of the Clerk of the Crown in Chanceu^ except Clerk of under the rule or order of a superior court or a judge thereof. §S££ 63-64 V., c. 12, s. 98. Order of en it for such inspec- tion. Condil ions. Clerk of ( . in (J. to obey. 228. Such rule or order may be granted by such court or judge being satisfied by evidence on oath that the inspection or production of such ballot papers is required for the purpose of instituting or maintaining a prosecution for an offence in rela- tion to ballol papers, or for the purpose of a petition which has been filed questioning an election or return. 2. Any such rule or order for the inspection or production of ballot papers may be made subject to such conditions as to per- sons, time, place and mode of inspection or production as the court or judge thinks expedient. 3. The Clerk of the < Irown in Chancery shall obey such rule or order. 63-64 V., c. 12, s. 98. 106 PEACE U.S., 1906. Part III. Dominion Elections. Chap. 6. 51 PEACE AND GOOD OEDER AT ELECTIONS. 229. Each returning officer and each deputy returning Returning officer, from the time he takes the oath of office until the day J®^ J£ d after the closing of the election, shall be a conservator of the turning offi- peace invested with all the powers appertaining to a justice o f conservators the peace. 63-64 V., c. 12, s. 99. of peace. 230. Every returning officer or deputy returning officer mav Mav com -. require the assistance of justices of the peace, constables or other ™ *e d asslst ' persons present, to aid him in maintaining peace and good order at the election ; and may also, on a requisition made in writing by any candidate, or by his agent, or by any two electors, swear in such special constables as he deems necessary. 63-64 V., c. 12, s. 100. 231. Every returning officer or deputy returning officer may May arrest arrest or cause by verbal order to be arrested, and place in the disturbers, custody of any constables or other persons, any person disturb- ing the peace and good order at the election, and may cause sucli person to be imprisoned under an order signed by him until an hour not later than the close of the poll. 63-64 V., c. 12, s. 101. 232. The returning officer or deputy returning officer may, May demand during the nomination day and polling day at any election, offensive require any person within half a mile of the place of nomina- tion or, of the polling station to deliver to him any firearm, sword, stave, bludgeon or other offensive weapon in the hands or personal possession of such person. 63-64 V., c. 12, s. 102. 233. Except the returning officer, the deputy returning Strangers not officer, the poll clerk and the constables and special constables poiw er dis- appointed by the returning officer or the deputy returning officer tricts armed, for the orderly conduct of the election or poll and the preserva- tion of the public peace thereat, no person who has not had a stated residence in the polling division for at least six months next before the day of such election, shall come during any part of the day upon which the poll is to remain open into such poll- ing division armed with offensive weapons of any kind, such as firearms, swords, staves, bludgeons or the like; and no person being in such polling division shall arm himself, during any part of the day, with any such offensive weapon, and, thus, armed, approach within the distance of one mile of the place where the poll of such polling division is held, unless called upon so to do by lawful authority. 63-64 V., c. 12, s. 103. 234. No person shall furnish or supply any ensign, standard Flags, etc., or set of colours, or any other flag, to or for any person with "ur^ed or intent that it shall be carried or used in such electoral district carried. on the day of election, or within eight days before such day, or during the continuance of such election or the polling, by 107 " any R.S., 1906. 52 Chap. 6. Dominion Elections. Part III. .iiiv person, as a party flag to distinguish the bearer thereof and those who follow ir as the supporters of any candidate, or of the political or other opinions entertained or supposed to be entertained by such candidate; and no person shall, for any reason, carry or use any such ensign, standard, sel of colours or other flag, as a party flag, within such electoral district on the day of any such election or polling or within eight days before such day, or during the continuance of such election. 63-64 W. c. 12, s. 104. Ribbons or 235. No person shall furnish or supply any ribbon, label be furnished or like favour to or for any person with intent that it be worn or worn. ,,,. 11S( ,,| within such electoral district on the day of election or polling, or within eight day- before such day, or during the continuance of such election, by any person, as a party badge to distinguish the wearer as the supporter of any candidate, or of the political or other opinions entertained or supposed to bo entertained by such candidate ; and no person shall use or wear any ribbon, label, or other favour, as such badge, within such electoral district on the day of any such election or polling, or within eight days before such day, during the continuance of such election. 63-64 V., c. 12, s. 105. No intoxicat- 236. No spirituous or fermented liquors or strong drinks be g so?d°on ° shall be sold or given at any hotel, tavern, shop or other place polling day. within the limits of any polling division, during the whole of the polling day at an election. 63-64 V., c. 12, s. 107, ELECTION EXPENSES. Official 237. Every candidate shall appoint an official agent or agent- whose name or names and address or addresses shall be declared in writing to the returning officer, on or before the nomination day. No payment 2. No payment, except with respect to the personal expenses except " of a candidate, and no advance, loan or deposit shall be made through by or on behalf of any candidate at any election before or during or after such election, on account of such election, otherwise than through his official agent or agents. Names of 3. The returning officer shall publish, on or before the published. ° nomination day, the name and address or the names and addresses of the official agant or agents appointed in pursuance of this section. 63-64 V. } c. 12, s. 143. Case of death 238. In the event of the death or legal incapacity of any eapacvty of such agent, the candidate shall forthwith appoint another agenl agent. j n his place, giving notice to the returning officer of the oame and address of the person so appointed which shall be forth- with published by the returning officer as herein provided. 63-64 V., c. 12. s. 143. 108 239. R.S., 1906. Part III. Dominion Elections. Chap. 6. 53 239. All persons who have any bills, charges or claims upon Claims to be any candidate for or in relation to any election shall send in ? ent in ^th- such bills, charges or claims within one month after the day of month, or the declaration of the ©lection, to the official agent of theF lgh M obe candidate; otherwise such persons shall be barred of the right to recover such claims or any part thereof. 63-64 V., c. 12, s. 144. 240. In the event of the death, within such month, of any Death of person claiming the amount of any such bill, charge or claim, caimant - the legal representative of such person shall send in the bill, charge or claim within one month after his obtaining probate or letters of administration, or of his becoming otherwise able to act as legal representative, otherwise the right to recover such claim shall be barred as aforesaid. 63-64 V., c. 12, s. 144. 241. Snch bills, charges and claims may be sent in to the If there is candidate during such month, if the agent is dead or legally n< incapable. 63-64 V., c. 12, s. 144. 242. No such bill, charge or claim shall be paid without Candidate to the authority of the candidate, as well as the approval of the payment, official agent. 63-64 V., c. 12, s. 144. 243. Xutwithstanding anything in the four sections last JVvment .of preceding, a claim for lawful election expenses which would 8en t i n after have been payable, if sent within the time limited by said one month, sections, may be paid by the candidate through his official agent after that time, if it is approved by a judge competent to recount or make a final addition of the votes at the election, and the judge makes an order for the payment thereof. 2. All sums so allowed by the judge shall, within one Avoek Notice. thereafter, be advertised in the same papers as the statemenl of the other election oxpouses. 63-64 V., c. 12, s. 145. 244. A detailed statement of all election expenses incurred Statement of by or on behalf of any candidate, including such excepted pay- b e P made ^ut ments as aforesaid, shall, within two months after the election, by agents. or, whenever, by reason of the death of the creditor, no bill has been sent in within such period of two mouths, then within one month after such bill has been sent in, be made out and signed by the official agent, or, if there is more than one, by every offi- cial agent who has paid such expenses, including tl i< * candidate, in case of payments made by him, and delivered with the bills and vouchers relative thereto to the returning officer. 63-64 V., c. 12, s. 146. 245. The returning officer for tho time being shall, at the To be pub- expense of the candidate, within fourteen days after receiving turning 5 such statement, insert or cause to be inserted an abstract thereof, offieei"- with the signature of the official agent thereto, in some ii' 100 pa] U.S.. 1006. 54 Chap. 6. Dominion Elections. Part III. paper published or circulating in the electoral district where the election was held. 63-64 V., c. 12, s. 146. Bills, etc., to 246. The returning officer shall preserve all such bills and be preserved. ° *■♦ . . . . vouchers, and, during the six months next alter they have been delivered to him, shall permit any voter to inspect them on pay- ment of a fee of twenty cents. 63-64 V., c. 12, s. 146. OFFENCES AND PENALTIES. General. Refusal or omission by provincial officer to record changes on list of voters. Penalty. Refusal by provincial custodian to transmit to Clerk of Crown in Chancery copies of lists. Penalty. Misfeasance by election officers. Penalty. 247. If, under any provincial law, any changes in or addi- tions to a list of voters have been made since the final revision thereof, and if the officer or person who, under the provincial law, has the official record of such changes or additions, refuses or omits upon the request of any person presenting for the pur- pose any copy of such list printed by the King's Printer, and paying or tendering the sum of fifty cents, to make correspond- ing changes in and additions to such printed copy, and to certify under his hand the correctness of such changes and additions, he is guilty of an indictable offence, and shall for each such refusal or omission incur a penalty of not more than one thousand dollars and not less than one hundred dollars. 61 V., c. 14, s. 10. 248. Every officer or person who, under any provincial law, is the custodian of any list of voters who refuses or omits, within ten days after the final revision for provincial purposes of any such list, to transmit to the Clerk of the Crown in Chancery by registered mail a copy thereof, certified under the hand of such custodian, and having every addition or alteration therein identified by his initials, is guilty of an indictable offence, and, for each such refusal or omission, shall incur a penalty of not more than one thousand dollars, and not less than one hundred dollars. 61 V., c. 14, s. 10. 249. Every officer or clerk who is guilty of any wilful mis- feasance or any wilful act or omission in violation of this Act shall forfeit to any person aggrieved by such misfeasance, act or omission, a sum not exceeding five hundred dollars in addi- tion to the amount of all actual damages thereby occasioned to such person. 63-64 V., c. 12, s. 19 ; 4-5 E. VII., c. 28, s. 6. Neglect of 250. Every election officer or clerk or poll clerk who refuses duty by elec- or ne glects to perform any of the obligations or formalities required of him by this Act shall, for each such refusal or Penalty neglect, forfeit the sum of two hundred dollars to any person who sues therefor. 63-64 V., c. 12, s. 20 ; 4-5 E. VII., c. 28, s. 7. Refusal to 251. Every officer who is the legal custodian of any by-laws, turning offi- orders, proclamations or other documents or proceedings defin- 110 ing K.S., 1906. Part III. Dominion Elections. Chap. 6. 55 ing the several provincial polling divisions situate either wholly eer with or partially within* the territory comprised in any electoral dis- documents - trict for which an election is to be held, or who is the legal custodian of any provincial voters' list, who omits or refuses to furnish to the returning officer, within a reasonable time after demand made therefor, a copy of any such by-law, order, procla- mation or other document or proceeding, or any such provincial voters' list or copy thereof, or extract therefrom, is guilty of an indictable offence, and shall incur a penalty not exceeding two Penalty, thousand dollars, and not less than two hundred dollars. 63-64 V., c. 12, s. 22. 252. Every returning officer or deputy returning officer of Election offi- an electoral district, and every partner or clerk of either of as agents, them, who acts as agent for any candidate in the management or conduct of his election for such electoral district, is guilty Penalty. of an indictable offence. 63-64 V., c. 12, s. 57. 253. If any deputy returning officer or other person presid- Improper ing at a polling station, in administering to any person possessed oath'of ° f of the qualifications generally required by the provincial law to qualification. entitle him to vote at provincial elections the oath in form X. mentions as a disqualification under the provincial law any fact or circumstance which is not a disqualification within the mean- ing of that form and the corresponding provisions of this Act, he shall be liable to a penalty not exceeding fifty dollars and not Penalty. less than ten dollars. 1 E. VII., c. 16, s. 6. 254. In Prince Edward Island, if the deputy returning offi- Illegally re- cer refuses a ballot and the right to vote to any person who is bfllof to an entitled to vote and is willing to take the oaths prescribed by elector in this Act and the provincial law, and has otherwise complied with the requirements of the law, or gives a ballot to and allows to vote any person who refuses to take such oaths or to otherwise comply with the requirements of the law, he shall, for such offence, be liable, to any person who sues therefor, to a penalty Penalty. of two hundred dollars. 63-64 V., c. 12, s. 67. 255. Every one who, — (a) forges, counterfeits, fraudulently alters, defaces, or Forgery or fraudulently destroys a ballot paper or the initials of th? ofbiTlota! 11 deputy returning officer signed thereon ; or, (b) without authority supplies a ballot paper to any person ; T-legal supply of a ballot. (c) fraudulently puts into a ballot box a paper other than Fraudulently the ballot paper which he is authorized by law to put in; baiioMn box or, (d) fraudulently takes a ballot paper out of the polling Taking ballot ~i.,.*i~ . out oi poll- station ; or, ing 6tat l ion> 111 (e) R.S., 1906. Chap. 6. Dominion Elections. Part III. Destroying or opening ballot box or packet of ballots. Counterfeit- ing of stamp. Illegally ini- tialling bogus ballots. Printing ballots. Printing more ballots than re- quired. Attempt. Penalty. without due authority destroys, takes, opens or other- wise interferes with a ballot box or book or packet of bal- lot papers then in use for the purposes of the election; or, (f) forges or counterfeits any legal or authorized stamp for the stamping of ballot papers, or uses any such stamp for any purpose other than the stamping of ballot papers, -or, not being a returning officer, has in his possession any such stamp or any counterfeit or imitation thereof; or, (g) being a deputy returning officer, fraudulently puts otherwise than as authorized by this Act, his initials on the back of any paper purporting to be or capable of being used as a ballot paper at an election ; or, (h) with fraudulent intent, prints any ballot paper or what purports to be or is capable of being used as a ballot paper at an election ; or, (i) being authorized by the returning officer to print the ballot papers for an election, with fraudulent intent, prints more ballot papers than he is authorized to print ; or, (j) attempts to commit any offence specified in this section ; is guilty of an indictable offence and shall be liable, if he is a returning officer, deputy returning officer or other officer engaged in the election, to a fine not exceeding one thousand dollars and not less than three hundred dollars, or to imprisonment for a term not exceeding five years and not less than one year, with or without hard labour, in default of paying such fine, and, if he is any other person, to a fine not less than one hundred dollars and not exceeding five hundred dollars, or to imprisonment for any term not exceeding two years and not less than six months, with or without hard labour, in default of paying fine. 63-64 V., c. 12, s. 79. Not obeying summons of returning officer. Penalty. 256. Any person refusing or neglecting to attend on the summons of a returning officer issued under this Act, in any case where ballot boxes are not forthcoming, and it is necessary to ascertain by evidence the total number of votes given to each candidate at the several polling stations, shall be guilty of an indictable offence and liable to a penalty of two hundred dollars, or to imprisonment for a term not exceeding two years, with or without hard labour, or to both. 63-64 V., c. 12, s. 88. Delay, 257. If any returning officer wilfully delays, neglects or refusal oT refuses duly to return any person who ought to be returned returning to serve in the House of Commons for any electoral district, turn ei elected S11C ^ person may, if it has been determined on the hearing- candidate, of an election petition respecting the election for such electoral district that such person was entitled to have been returned, sue the returning officer who has so wilfully delayed, neglected or refused duly to make such return of his election, in any court of record in the province in which such electoral district is 112 situate, R.S., 1906. Part III. Dominion Elections. Chap. 6. 57 situate, and recover from him a sum of five hundred dollars, Penalty, together with all damages he has sustained by reason thereof and costs. 2. Notwithstanding anything in the Criminal Code, such Proviso, action shall be commenced within one year after the commission •of the act on which it is grounded, or within six months after the conclusion of the trial of the petition relating to such elec- tion. 63-64 V., c. 12, s. 93. 258. (a) Every candidate, officer, clerk and agent in attend- Secrecy ance at a polling station, who shall not aid in maintaining, unng po and, so far as he can, maintain the secrecy of the voting at such polling station, or who, before the poll is closed, shall communicate to any person any information as to whether any person on the list of voters has or has not applied for a ballot paper or voted at that polling station ; and, (b) Every candidate, officer, clerk, agent or other person interfering who shall interfere with or attempt to interfere with a Wltl ? .voter 1 i • i • i ii i • in, irking voter when marking his ballot paper, or otherwise attempt ballot, to obtain at the polling station information as to the candi- date for whom any voter at such polling station is about to vote or has voted ; and, (c) Any voter capable without assistance of marking his Displaying ballot paper, who shall show his ballot paper, when marked. ™aiiot d to any person so as to allow the name of the candidate for or against whom he votes to be known; and, (d) Every person who shall directly or indirectly induce or inducing to endeavour to induce any voter to show his ballot paper fe^ 7 after he has marked it, so as to make known to any person the name of the candidate for or against whom he has so marked his vote ; and, t (e) Every candidate, officer, clerk, agent or other person Information who shall communicate at any time to anv person any ** *P num bei . - . , , J 1 1 1 «• i 1 ti °n ballot, information as to the number on the back 01 the ballot paper given to any voter at a polling station, except to a court or judge lawfully requiring him so to do, or attempt to ascertain at the counting of votes the number on the back of any ballot paper ; and, (f) Any candidate, officer, clerk, agent or other person who Disclosing shall communicate at any time to any person any informa- for w ' lom a tion obtained at a polling station as to the candidate for been polled, whom any voter at such polling station is about to vote or has voted ; and, (g) Every candidate, officer, clerk, and agent in attendance Failing to at the counting of the votes who shall not aid in maintain- Screcv lI o£ ing, and, so far as he can, maintain the Becrecy of th voting, or who shall attempt to obtain at such counting anv «> untin 8- information or communicate any information obtained at such counting as to the candidate for whom any vote is given in any particular ballot paper; 8 113 is U.S., 1906. 58 Chap. 6. Dominion Elections. Pari TIL Penalty. is guilty of nn indictable offence, and liable to a penalty not exceeding two hundred dollars, and, in default of payment, to imprisonment for any term nol exceeding six months with or without hard labour. ' 63-64 V., c. L2, a. 96. Refusing to deliver up weapons. Penalty. Entering polling dis- trict on po.ll day armed. Supplying . be. for carriage. Carrying or ■ asignSj Furnishing ribbons, etc. 259. Every person who, being within half a mile of the place of nominal ion on nomination day, or of the polling station on the day of election, refuses to deliver to the returning officer or deputy returning officer when required by any such officer so to do, any firearm, sword, stave, bludgeon or oilier offensive weapon in his hands, or in his personal possession, shall be liable to a penalty no1 exceeding one hundred dollars, and. in default of payment of such penalty, to imprisonment for a term not exceeding three months. 63-64 V., c. 12, s. 102. 260. (a) Every person, except the returning officer, the deputy returning officer, the poll clerk and the constables ami special constables appointed by the returning officer or deputy returning officer for the orderly conduct of the elec- tion or poll and the preservation of the public peace thereat, who has not had a stated residence in the polling division for at least, six months next before the day of such election, who shall come during any part of the day upon which the poll is to remain open into such polling division armed with offensive weapons of any kind, such as firearms, swords, staves, bludgeons or the like, or, being in such poll- ing division, shall arm himself during any paid of the day with any such offensive weapon, and, thus armed, approach within the distance of one mile of the place where the poll of such polling division is held, unless called upon so to do by lawful authority ; and, (b) Every person who furnishes or supplies to or for any person any ensign, standard, or set of colours or any other flag with intent that it be carried or used in any electoral district on the day of election or within eight days before such day, or during the continuance of such election or the polling by any person as a party flag to distinguish the bearer thereof or those who follow it as the supporters of any candidate or of the political or other opinions 'enter- tained or supposed to be entertained by such candidate; and, (c) Every person who, for any reason, carries or uses any ensign, standard, set of colours or other flag as a party flac;, within such electoral district, on the day of such election or polling, or within eight days before such day or during the continuance of such election : and, (d) Every person who furnishes or supplies any ribbon, label or like favour to or for any person with intent that it be worn or used within such electoral district on the day of election or polling, or within eight days before such day, or during the continuance of such election by any person, as 114 a K.S.,1906. Part III. Dominion Elections. Chap. 6. 59 a party badge to distinguish the wearer as the supporter of any candidate or of the political or other opinions enter- tained or supposed to be entertained by such candidate; and, (e) Every person who uses or wears any such ribbon, label, Wearing any or other favour as such badge, within such electoral dis- ribbons > etc - trict on the day of election or polling, or within eight days before such day during the continuance of the election; is guilty of an offence and liable upon indictment, or sum- marily, to a penalty not exceeding one hundred dollars, or to Penalty, imprisonment for a term not exceeding three months, or to both, in the discretion of the court. 63-64 V., c. 12, s. 106. 261. Every person who shall sell or give spirituous or fer- Selling mented liquors or strong drinks at anv hotel, tavern, shop or s P irituoua i i •!• i t • f ,,. ,.'.. i •■ i liquors on other place withm the limits oi any polling division, during the polling day. whole of the polling day at an election, shall be liable, on sum- mary conviction, for each offence, to a penalty of one hundred Penalty, dollars, and to imprisonment for a term not exceeding six months in default of payment of such penaltv. 63-61 V., c. 12. s. 107. 262. Every person, including the candidate, who shall Payments make any payment except with respect to the personal expenses than 1 " through of the candidate, or any advance, loan or deposit, on behalf of agent. the candidate, at an election, before or during or after the elec- tion, on account of such election, otherwise than through the official agent of such candidate, is guilty of an indictable Penalty, offence. 63-64 V., c. 12, s. 143. 263. Any official agent or candidate who makes default in Default of delivering to the returning officer the statements of election *??. nt in . o ^ delivering expenses incurred by or on behalf of any candidate the delivery statements of which is by this Act required of such agent or candidate, shall ^ ^e^rnfn incur a penalty not exceeding twenty dollars for every day dur- officer, ing which he so makes default. 63-64 V., c. 12, s. 146. Penalty. 264. Any official agent or candidate who wilfully furnishes Furnishing to the returning officer any untrue statement of any such ex- nients! S penses is guilty of an indictable offence. 63-64 V., c. 12, s. 146. Penalty. Corrupt Practices and Other Illegal Acts. 265. Every person who, — (a) directly or indirectly, by himself or by any other person Giving on his behalf, gives, lends or agrees to give or lend, or offers [^procure*'' or promises any money or valuable consideration, or votes. promises to procure, or to endeavour to procure any money or valuable consideration to or for any voter, or to or foT any person on behalf of any voter, or to or for any person, in order to induce anv voter to vote, or refrain from voting, 8£ 115 or R.S., 1906. 60 Chap. 6. Dominion Elections. Tart III. Giving or promising employment. Gift or promise in order to obtain return of any person. Procuring return in consequence. Advancing money to be used in bribery. Demanding bribe of candidate or agent. Receiving money, etc., before or during an election. Or after an election. R.S., 1906. or corruptly docs any such act on account of such voter having voted or refrained from voting at any election ; or, (b) directly or indirectly, by himself or by any other person on his behalf, gives or procures, or agrees to give or pro- cure, or offers or promises any office, place or employment, or promises to procure or to endeavour to procure any office, place or employment to or for any voter, or to or for any other person, in order to induce such voter to vote, or refrain from voting, or corruptly does any such act as aforesaid, on account of any voter having voted or refrained from voting at any election ; or, (c) directly or indirectly, by himself or by any other person on his behalf, makes any gift, loan, offer, promise, pro- curement or agreement as- aforesaid, to or for any person, in order to induce such person to procure or endeavour to procure the return of any person to serve in the House of Commons, or the vo.te of any voter at any election; or, (d) upon or in consequence of any such gift, loan, offer, promise, procurement or agreement, procures or engages, or promises or endeavours to procure the return of any person to serve in the House of Commons, or the vote of any voter at an election ; or, (e) advances or pays, or causes to be paid, any money to or to the use of any other person, with the intent that such money or any part thereof shall be expended in bribery or corrupt practices at any election, or who knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery or corrupt practices at any election ; or, (f) directly or indirectly, by himself or by any other person on his behalf, on account of and as payment for voting or for his having voted, or for illegally agreeing or having agreed to vote for any candidate at an election, or on ac- count of and as payment for his having illegally assisted or agreed to assist any candidate at an election, applies to such candidate, or to his agent or agents, for the gift or loan of any money or valuable consideration, or for the promise of the gift or loan of any money or valuable con- sideration, or for any office, place or employment, or the promise of any office, place or employment ; or, (g) before or during any election, directly or indirectly, himself or by any other person on his behalf, receives, agrees or contracts for any money, gift, loan or valuable consideration, office, place or employment, for himself or any other person, for voting or agreeing to vote, or for refraining or agreeing to refrain from voting at any elec- tion ; or, (h) after an election, directly or indirectly, himself or by any other person on his behalf, receives any money or valuable consideration for having voted or refrained from 116 voting, Part III. Dominion Elections. Chap. 6. 61 voting, or for having induced any other person to vote or refrain from voting at an election ; or, (i) in order to induce a person to allow himself to be nom- Bribery of inated as a candidate, or to refrain from becoming a candi- cand > d ates. date, or to withdraw, if he has become a candidate, gives or procures any office, place or employment, or agrees to give or procure, or offers or promises to procure, or endeav- ours to procure any office, place or employment for such person, is guilty of the indictable offence of bribery, and liable to im- Penalty, prisonment for a term not exceeding six months, and shall also forfeit the sum of two hundred dollars to any person who sues therefor, with costs : Provided that the actual personal expenses of any candidate, his expenses for actual professional services performed, and bona fide payments for the fair costs of print- ing and advertising, shall be held to be expenses lawfully in- curred, and the payment thereof shall not be a violation of this Act. 63-64 V., c. 12, s. 108. 266. Every candidate who corruptly, by himself or by or Treating of with any other person, or by any other ways or means on his by y ca P ndTdate. behalf, at any time, either before or during any election, directly or indirectly gives or provides, or causes to be given or provided, or is accessory to the giving or providing, or pays wholly or in part any expenses incurred for any meat, drink, refreshment or provision to or for any person, in order to ho elected or for being elected, or for the purpose of corrupt ly influencing such person or any other person to give or refrain from giving his vote at such election, is guilty of the offence of treating, and shall forfeit the sum of two hundred dollars to Penalty, any person who sues therefor, with costs in addition to any other penalty to which he is liable therefor under anv other provision of this Act. 63-64 V., c. 12, s. 110. 267. Every candidate or other person who, at an election, Treating either provides or furnishes drink or other refreshment at the v ? te . r - durin s expense of such candidate to an elector during such election, or pays for, procures or engages to pay for any such drink or other refreshment, is guilty of an indictable offence and liable to a penalty not exceeding one hundred dollars, or to imprison- Penalty, ment for a term not exceeding three months, or to both, in the discretion of the court. 63-64 V., c. 12, s. 109. 268. The giving of or causing to be given to any voter Treating on the nomination day or day of polling, on account of such vote F on . voter having voted or being about to vote, any meat, drink or or polling 11 refreshment, or any money or ticket to enable such voter to da >' 8 - procure refreshment, shall be deemed an unlawful act, and the person so offending shall forfeit the sum of ten dollars for Penalty, each offence to anv person who dues therefor, with costs. 63-64 V., c. 12, s. 111. 117 269. K.S., 1006. 62 Chap. 6. Dominion Elections. Part III. Undue influence. Penalty. False pretense interpreted. 269. Every one who, directly or indirectly, by himself or by any other person on his behalf, makes nse of, or threatens to make use of, any force, violence, or restraint, or inflicts, or threatens the infliction, by himself, or by or through any other person, of any injury, damage, harm or loss, or in any manner practises intimidation upon or against any person, in order to induce or compel such person to vote for any candidate, or to refrain from voting, or on account of such person having voted for any candidate or refrained from voting at an election, or who, by abduction, duress, or any false or fraudulent pre- tense, device or contrivance, impedes, prevents or otherwise interferes with the free exercise of the franchise of any voter, or thereby compels, or induces or prevails upon any voter either to vote for any candidate or to refrain from voting at an elec- tion, shall be deemed to have committed the offence of undue influence, and is guilty of an indictable offence, and shall, in addition to any penalty thereby incurred, forfeit the sum of two hundred dollars, to any person who sues therefor, with costs. 2. It shall be deemed a false pretense within the meaning of this section to represent to a voter, directly or indirectly, that the ballot to be used, or the mode of voting at an election, is not secret. 3 E. VII., c. 19, s. 1. Paying for conveyance of voters to poll. 270. The hiring or promising to pay or paying for any horse, team, carriage, cab or other vehicle by any candidate or by any person on his behalf to convey any voter or voters to or from the poll, or to or from the neighbourhood thereof, at any election, or the payment, by any candidate or by any person on his behalf, of the travelling and other expenses of any voter, in going to or returning from any election, are unlawful acts. Penalty. 2. Every candidate or other person so offending shall forfeit the sum of one hundred dollars to any person who sues therefor. 63-64 V, c. 12, s. 113. Disqualifies- 271. Every voter hiring any horse, cab, cart, wagon, sleigh, offending! *** carriage or other conveyance for any candidate, or for any agent of a candidate, for the purpose of conveying any voter or voters to or from any polling place or places, shall, ipso facto, be disqualified from voting at such election, and shall, for every such offence, forfeit the sum of one hundred dollars to any person who sues therefor. 63-64 V., c. 12, s. 113. Personation. 272. Every person is guilty of personation and liable to Penalty. a penalty not exceeding two hundred dollars and not less than fifty dollars, and to imprisonment for a term not exceeding two years and not less than three months, who, at an election, — (a) applies for a ballot paper in the name of some other person, whether such name is that of a person living or dead, or of a fictitious person; or, 118 (b) R.S.,1906. Part III. Dominion Elections. Chap. 6. 63 (b) having voted once at any such election, applies at the same election for a ballot paper in his own name. 63-64 V., c. 12, s. 114. 2*73. Every person who aids, abets, counsels or procures Subornation the commission by any person of the offence of personation °. f persona- shall be liable to a penalty not exceeding two hundred dollars p \. and not less than one hundred dollars, and to imprisonment for a term not exceeding two years and not less than three months. 63-64 V., c. 12, s. 115. 274. Every candidate who corruptly, by himself or by or Subornation with any other person on his behalf, compels or induces or Jjf p c e reona- te endeavours to induce any person to personate any voter, or to tion or take any false oath in any matter wherein an oath is required per]ury- under this Act, is guilty of an indictable offence, and shall, in addition to any other punishment to which he is liable for such Penalty, offence, forfeit the sum of two hundred dollars to any person who sues therefor. 63-64 V., «. 12, s. 116., 275. Every person who votes or induces or procures any Voting of person to vote at an election, knowing that he or such person persons. 6 is not entitled to vote thereat, is guilty of an unlawful act, and shall also forfeit the sum of one hundred dollars to any person Penalty, who sues therefor, with costs; and, in any suit for the recovery Burden of cf the penalty, the burden of the proof of such person being justification, entitled to vote at the election shall be upon him and not upon the person suing. 63-64 V., c. 12, s. 117. 276. Any person who, before or during an election, know- False state- ingly publishes a false statement of the withdrawal of a can- withdrawal didate at such election, for the purpose of promoting or pro- of candidates, curing the election of another candidate, is guilty of an unlaw- ful act, and shall also forfeit the sum of one hundred dollars t j Penalty, any person who sues therefor, with costs. 63-64 V., c. 12, s. 118. 277. A candidate shall not be liable, nor shall his election Liability for be voided, for any unlawful act under the two sections next pre- agents, ceding committed by his agent other than his official agent. 63-64 V., c. 12, s. 119. 278. Any wilful offence against any of the thirteen last Certain preceding sections of this Act is a corrupt practice within the b e cor rupt meaning of this Act. 63-64 V., c. 12, s. 120. practices. 279. Every executory contract, or promise, or undertaking, Contracts or in any way referring to, arising out of or depending upon any {^ng^to " election under this Act, even for the pavment of lawful expenses, elections 119 " or void - K.S., 1906. 64 Chap. 6. Dominion Elections. Part III. or the doing of some lawful act, shall be void in law. 63-64 V., c. 12, s. 121. Effect of 280. If, on the trial of an election petition, it is proved that tfcCTbv Pra ° an . v corru P t practice has been committed by or with the actual candidate. knowledge and consent of a candidate at an election, or if such candidate is convicted before any competent court of bribery or undue influence, he shall be held guilty of corrupt practices, and he shall during the seven years next after the date of his being so proved or found guilty, be incapable of being elected to or of sitting in the House of Commons, or of voting at any election of a member of that House, or of holding an office in the nomination of the Crown or of the Governor General in Canada. 63-64 V., c. 12, s. 126. Disqualifica- tion of candidate guilty of subornation of person- ation. Disqualifica- tion of others for corrupt practices. 281. If, on the trial of an election petition, a candidate or other person is found by the report of the judge, by himself or by his agent, with his actual knowledge and consent, to have aided, abetted, counselled or procured the commission at such election of the offence of personation by any person, he shall be incapable of being elected to or sitting in the House of Com- mons for any electoral district during the continuance of the Parliament for which the election is held, and during the then next Parliament. 63-64 V., c. 12, s. 128. 282. Every person other than a candidate found guilty of any corrupt practice in any proceeding in which, after notice of the charge, he has had an opportunity of being heard, shall, during the eight years next after the time at which he is found guilty, be incapable of being elected to or of sitting in the House of Commons, or of voting at any election of a member of the House of Commons, or of holding any office in the nomination of the Crown or of the Governor General in Canada. 63-64 V., c. 12, s. 129. Removal of 283. If, at any time after a person has become disqualified tion U procured under this Act, the witnesses, or any of them, on whose testi- by perjury. Jn0 ny such person has so become disqualified, are convicted of perjury with respect to such testimony, such person may move the court before which such conviction takes place to order, and such court shall, upon being satisfied that such disqualification was procured by reason of such perjury, order that such dis- qualification shall thenceforth cease and determine ; and it shall cease and determine accordingly. 63-64 V., c. 12, s. 130. Procedure. Recovery of 284. All penalties and forfeitures, except in cases of indict- penalties and aD ] e ff ences an d offences made punishable on summary convic- tion, imposed by this Act shall be recoverable or enforceable with full costs of suit bv any person who sues therefor by action 120 of R.S., 1906. Part III. Dominion Elections. Chap. 6. 65 of debt or information, in any court of competent jurisdiction in the province in which the cause of action arises. 2. In default of payment of the amount which the offender Imprison- is condemned to pay, within the period fixed by the court, the f^non-mv- offender shall be imprisoned in the common gaol of the county ment. or district for any term less than two years, unless such penalty and costs are sooner paid. 63-64 V., c. 12, s. 131. 285. No action or information for the recovery of any such Security for penalty or forfeiture shall be commenced unless the person suing therefor has given good and sufficient security, to the amount of fifty dollars, to indemnify the defendant for the costs occasioned by his defence, if the person suing is condemned to pay such costs. 63-64 V., c. 12, s. 131. 286. It shall be sufficient for the plaintiff, in any action or Allegations suit under this Act, to allege in his pleading or declaration that in actlon - the defendant is indebted to him in the sum of money thereby demanded, and to allege the particular offence with respect to which the action or suit is brought, and that the defendant has acted contrary to this Act, without mentioning the writ of election or the return thereof. 63-64 V., c. 12, s. 133. 287. In any such civil action, suit or proceeding, the parties Evidence of thereto, and the husbands or wives of such parties respectively, husbands and shall be competent and compellable to give evidence to the same extent and subject to the same exceptions as in other civil suits in the same province; but such evidence shall not thereafter be used in any indictment or criminal proceeding under this Act against the person giving it. 63-64 V., c. 12, s. 134. 288. ISTo person shall be excused from answering any ques- No privi- tion put to him in any action, suit or other proceeding;, in any I eged excuse 1 , . ^ . , . l . «=» J from answer- COUrt, or before any judge, commissioner or other tribunal ing questions. touching or concerning any election, or the conduct of any person thereat, or in relation thereto, on the ground of any pri- vilege, except that no elector shall be obliged to state for whom he voted at any election : Provided that no answer given by any person claiming to be excused on the ground of privilege shall be used in any criminal proceeding against such person other than an indictment for perjury, if the judge, commissioner or president of the tribunal gives to the witness a certificate that he claimed the right to be excused on such ground, and made full and true answers to the satisfaction of the judge, commission! r or tribunal. 63-64 V., c. 12, s. 135. 289. It shall not be necessary, on the trial of a suit or prose- Production cution under this Act, to produce the writ of election or the e] f ec ^ n e f tc-i return thereof, or the authority of the returning officer founded not required upon such writ of election, but general evidence of such facts ,n sults- shall be sufficient evidence. 63-64 V.. c. 12, B, 139. 121 290. R.S., 1 GQ Chap. 6. Dominion Elections. Part III. If notified, 290. If the original ballot papers or other papers are re- Crownb quired on any such trial of any suit or prosecution, the clerk Chancery to or registrar of the court having cognizance of the election peti- bal&ts? etc. tion may, at the instance of any of the parties thereto, notify the Clerk of the Crown in Chancery to produce them on the day fixed for the trial ; and the said Clerk of the Crown in Chan- cery shall, on or before the said day, deposit them with such clerk or registrar, taking his receipt therefor. 63-64 V., c. 12, s. 139. Criminal court may allow costs to prose- cutor. Prior recognizance required. 291. Any criminal court before which a prosecution is in- stituted for an offence against the provisions of this Act may order payment by the defendant to the prosecutor of such costs and expenses as appear to the court to have been reasonably incurred in and about the conduct of such prosecution. 2. The court shall not make such order unless the prosecutor before or upon the finding of the indictment or the granting of the information enters into a recognizance, with two sufficient sureties, in the sum of five hundred dollars, and to the satisfac- tion of the court, to conduct the prosecution with effect and to pay the defendant his costs in case he is acquitted. 63-64 V., c. 12, s. 136. Costs in cases of private prosecution. 292. In case of an indictment or information by a private prosecutor for an offence against the provisions of this Act, if judgment is given for the defendant, he shall be entitled to recover from the prosecutor the costs sustained by the defendant by reason of such indictment or information, which costs shall be taxed by the proper officer of the court in which the judg- ment is given. 63-64 V., c. 12, s. 137. In a suit for criminal corrupt practice, what allega- tion suf- ficient. Evidence. Summary proceedings in case of personation. 293. In an indictment or prosecution for a corrupt practice, and in any action or proceeding for a penalty for a corrupt practice, it shall be sufficient to allege that the defendant was, at the election at or in connection with which the offence is in- tended to be alleged to have been committed, guilty of a corrupt practice, describing it by the name given to it by this Act, or otherwise, as the case requires. 2. In any criminal or civil proceeding in relation to such offence the certificate of the returning officer shall be sufficient evidence of the due holding of the election and of any person named in such certificate having been a candidate thereat. 63-64 V., c. 12, s. 138. 294. If a person is charged at a polling station with having committed the offence of personation, the deputy returning officer at such polling station may, and, if requested so to do on behalf of a candidate, shall take the information on oath of the person making the charge ; and such information may be made in form II. 63-64 V., c. 12, s. 132. 122 295. R.S., 1906. Part III. Dominion Elections. Chap. 6. 67 295. If the person against whom it is proposed to lay the Detention information has not left the polling station, the deputy returnino- of alle sed (y> . , , . * . i B personator. officer may, either on his own motion or at the request of any one proposing forthwith to lay such information, detain or direct the detention of such person until a written information can be drawn up. 63-64 V., c. 12, s. 132. 296. Upon receiving the information, the deputy returning Warrant of officer may, on the polline; day, but not afterwards, issue his arrest - warrant, in form J J, for the arrest of the person charged, in order that he may be brought before the magistrate, or one of the magistrates therein named, to answer to the said informa- tion and to be further dealt with according to law. 63-64 V., c. 12, s. 132. 297. Such warrant shall be sufficient authority for any Execution of peace officer, as defined by the Criminal Code, to detain such war ™ nt - person until he is brought before the magistrate. 63-64 V., c. 12, s. 132. 298. If the correct name of the person charged is unknown If name of to the informant, it shall be sufficient, in the information and alleged per- other proceedings, to describe the person charged as a person unknown 9 whose name is to the informant unknown, but who is detained under the order of the deputy returning officer; or the person charged may be described in such other manner as will suitably identify him ; and, when the name of the person so charged is ascertained, it shall be stated in any subsequent warrant or proceeding. 63-64 V., c. 12, s. 132. 299. Every poll clerk shall have the authority of a constable Constables. for the purpose of carrying out the provisions of this Act respecting summary proceedings in cases of personation; and every deputy returning officer may appoint such special con- stables as he deems necessary for the like purpose who shall have full power to act without taking any oath. 63-64 V., c. 12, s. 132. 300. The magistrate named in any such warrant shall bo Before what one having jurisdiction under Part XVI. of the Criminal Code, P 33 ^™* 6 to and shall be the nearest such magistrate available in the county or judicial district. 63-64 V., c. 12, s. 132. 301. The provisions of the said Part XVI. of the Criminal Criminal Code shall apply to all proceedings under this Act against any Cod , e to person or persons accused of personation under the seven sections last preceding. 63-64 V., c. 12, s. 132. 302. Whenever it appears to the court or judge trying an Summons by election petition that any person has violated any of the provi- court to P er - 123 ■ si< 'n- R.S., 1906. G8 Chap. 6. Dominion Elections. Part III. son liable to sions of this Act, for which violation such person is liable to a line or penalty other than the fines or penalties imposed for any offence amounting- to an indictable offence, such court or judge may order that such person may be summoned to appear before such court or judge, at the place, day and hour fixed in such summons for hearing the charge. 63-64 V., c. 12, s. 140. Disobeying 303. If, on the day so fixed by the summons, the person -uinmoned does not appear, he shall be condemned, on the evidence already adduced on the trial of the election petition, to pay such fine or penalty as he is liable to pay for such viola- tion, and in default of paying such fine or penalty, to the imprisonment prescribed in such case by this Act. 63-64 V., c. 12, s. 140. Appropria- tion of fines. Trial. 304. If, on the day so fixed, the person summoned does appear, the court or judge, after hearing such person and such evidence as is adduced, shall give such judgment as to law and justice appertains. 63-64 V., c. 12, s. 140. 305. All fines and penalties recovered under the three next ] (receding sections shall belong to His Majesty for the public uses of Canada, but no fine or penalty shall be imposed there- under if it appears to the court or judge that the person has already been sued to judgment or acquitted with respect to the same offence, nor shall any such fine or penalty be imposed for any offence proved only by the evidence or admission of the person committing it. 63-64 V., c. 12, s. 140. Quarter ses- 306. Notwithstanding anything in the Criminal Code, no fneompetent. indictment for corrupt practices shall be tried before any court of quarter sessions or general sessions of the peace. 63-64 V., c. 12, s. 141. Limitation of time for prosecutions and suits. 307. Notwithstanding anything in the Criminal Code, every prosecution for an indictable offence under this Act, and every action, suit or proceeding for any pecuniary penalty given by this Act to the person suing therefor shall, when commenced, be proceeded with and carried on without wilful delay, and shall be commenced within the space of one year next after the act committed, and not afterwards, unless the prosecution is pre- vented by the withdrawal or absconding of the defendant out of the jurisdiction of the court, in which case such prosecution may be commenced within one year after his return. 63-64 V., c. 12, s. 142. FEES AND EXPENSES. Schedule 2. 308. The fees and expenses in schedule two to this Act mentioned, and no others, shall be allowed to the several 124 officers R.S., 1906. Part III. Dominion Elections. Chap. 6. 69 officers therein mentioned respectively for their services and disbursements at any election. 63-64 V., c. 12, s. 147. 309. If it appears to the Governor in Council that the Governor in provisions made in the next preceding section are inadequate S^e'Ld^ or insufficient for the purposes of a fair and just but economical amend, remuneration for the services performed, the Governor in Council may make a tariff of fees, costs and expenses to be paid and allowed to returning officers and other persons em- ployed at or with respect to elections under this Act, and may, from time to time, revise and amend such tariff. 2. Such tariff, when so revised and amended, shall thou Such tariff be substituted for the tariff in the said schedule as respects g° t yf ed ub " any election held after the making or revising or amending thereof. 3. A copy of any such tariff and of any amendment thereof c °pv to shall be laid before the House of Commons within the first Commons, fifteen days of the next ensuing session of Parliament. 63-64 V., c. 12, 's. 147. 310. Such fees, allowances and disbursements shall be paid Payment of to the returning officer by warrant of the Governor General, fees * and shall be distributed by such returning officer to the several officers and persons entitled thereto under the provisions of this Act, which distribution he shall report to the Governor General through the Secretary of State. 2. The returning officer shall certify the correctness of the Certificate of accounts of his deputy returning officers. 63-64 V., c. 12, s. returning ^g^ officer. 311. Whenever it appears to the Governor in Council that Fees, etc., the fees and allowances provided for by the tariff are not sum- may b d e b in " cient remuneration for the services required to be performed at Governor any election, the Governor in Council may authorize the pay- m Counci1 - ment of such additional sum for such services as is considered just and reasonable. 63-64 V., c. 12, s. 149. GENERAL. 312. When a returning officer or a deputy returning officer Mode of is by this Act required or authorized to give a public notice, ^V" g and no special mode of giving it is mentioned, he may give it by advertisement, placards, handbills or such other means as he thinks best calculated to give the information to the electors. 63-64 V., c. 12, s. 150. 313. Whenever it appears to the satisfaction of the Gover- Informa- nor in Council, at the time when an election of a member to ''^.^ teIe " represent either of the electoral districts of Gaspe or of Chicou- certain timi and Saguenay in the House of Commons is about to be jwbec™ held, that communication by water between the Magdalen 125 Islands R.S., 1906. 70 Chap. 6. Dominion Elections. Part III. Governor in Council may- direct pro- ceedings. Mistake of form only, not to void election. As to limits of time men- tioned in this Act. Islands and the mainland in the electoral district of Gaspe, and by water or by land between the polling divisions to the east of Bersimis, in the electoral district of Chicoutimi and Saguenay, or between such polling divisions and the place of nomination, will probably be interrupted during such election by the severity of the season, he may direct that all necessary instruc- (ions and information relating to such election may be trans- mitted by telegraph by the returning officer to the deputy returning officers, and by them to the returning officer, so that (he returning officer may be informed of the number of votes given for each candidate, and of all other matters relating to the election, and be enabled to return the candidate having the majority or to make such other return as the case requires. 2. The Governor in Council may make such order as to the details of the proceedings at or relating to such election to be so transmitted by telegraphic communication as to him seems proper for the best attaining the purpose of this section. 63-64 V., c. 12, s. 151. 314. No election shall be declared invalid by reason of non- compliance with the provisions of this Act as to the taking of the poll or the counting of the votes, or by reason of any want of qualification in the persons signing a nomination paper received by the returning officer under the provisions of this Act, or of any mistake in the use of the forms contained in sche- dule one of this Act, if it appears to the tribunal having cognizance of the question that the election was conducted in accordance with the principles laid down in this Act, and that such non-compliance or mistake did not affect the result of the election. 63-64 V., c. 12, s. 152. 315. ISTo election shall be declared invalid by reason of non- compliance with the provisions of this Act as to limitations of time, unless it appears to the tribunal that such non-compliance may have affected the result of the election. 63-64 V., c. 12, s. 153. 126 SCHEDULE R.S., 1906. Sch. Dominion Elections. Chap. 6. 71 SCHEDULE ONE— FORMS. A Writ of Election. Edward VII., by the Grace of God, of the United Kingdom of Great Britain and Ireland, and of the British Do- minions beyond the Seas, King, Defender of the Faith, Emperor of India. To the sheriff, (registrar or other returning officer as the case may he) of the county {or as the case may be) , Greeting : Whereas, by the advice of Our Privy Council for Canada, we have ordered a Parliament to be holden at Ottawa, on the day of next, (omit this preamble, except in the case of a general election), We command you that notice of the time and place of election being duly given, you do cause election to be made according to law of a mem- ber (or as the case may be) to serve in the House of Commons of Canada, for the electoral district of (except iii rase of a general election, insert here in the place of deceased, or otherwise, stating the cause of vacancy) and (except in the electoral districts men- tioned in section 86) that you do cause the nomination of candidates at such election to be held on the day of next, (at , if in the pro- vince of Saskatchewan or Alberta or the Yukon Territory) and do cause the name {or names) of such member or mem- bers when so elected, whether he is (or they are) present or absent, to be certified to our Clerk of the Crown in Chancery, as by law directed. Witness, Our Right Trusty and Well-loved, etc., Governor Genera] (or Administrator of the Government) of our Domin- ion of < lanada, a1 our city of Ottawa, the day "I" in the year of our Reign and in the year of Our Lord 19 i Endorsement. Received the within Writ on the day of 1 9 A.I',, Sheriff of (or as the case man be) Returning <>:'■ R.S., c. 7, form A: 63-64 V., c. 12, form A: Royal Proc 23rd Do,-., 190J (2 E. VII., p. XLVII.) ; 2 E. VII., c. 37, form A. 127 B Pt.S., 190G. 72 Chap. 6. Dominion Elections. Sch. B Oath of the Returning Officer. I, the undersigned, A. B., returning officer for the electoral district of , do swear (or solemnly affirm) that I am legally qualified according to law to act as returning officer for the said electoral district of and that I will act faithfully in that capacity, without partiality, fear, favour or affection. So help me God. A. B. Returning Officer. Certificate of Returning Officer having tahen Oath of Office. I, the undersigned, hereby certify that on the day of the month of , 19 , A. B., the returning officer for the electoral district of , took and subscribed before me, the oath (or affirmation) of office, in such case required of a returning officer, by section 82 of the Dominion E lections Act. In testimony whereof, I have delivered to him this certificate. CD., Justice of the Peace. R.S., c. 7, form B; 63-61 V., c. 12, form B; 2 E. VII., c. 37, form B. C Commission of an Election Cleric. To E. F. (set forth his legal addition and residence). Know you that, in my capacity of returning officer for the electoral district of , I do hereby appoint you to be my election clerk, to act in that capacity according to law, at the approaching election for the electoral district of , which election will be opened by me, on the day of the month of 19 . Given under my hand this day of , in the year 19 . A. B., Returning Officer. R.S., c. 7, form C; 63-64 V., c. 12, form G; 2 E. VII., c. 37, form C. 128 D R.S., 1906. Sch. Dominion Elections. Chap. 6. 73 D Oath of the Election Clerk. I, the undersigned, E. E., appointed election clerk for the electoral district of , do swear (or solemnly affirm) that I will act faithfully in my said capacity as election clerk, and also, in that of returning officer, if required to act as such, according to law, without partiality, fear, favour or affection. So help me God. E. E., Election Clerk. Certificate of the Election Cleric having taken the Oath of Office. I, the undersigned, hereby certify that, on the day of 19 , E. F., election clerk for the electoral district of , took and subscribed before me the oath (or affirmation) of office required in such case of an election clerk by section 84 of the Dominion Elections Act. In testimony whereof, I have delivered to him this certi- ficate under my hand. C. D., Justice of the Peace. or A. B., Returning Officer. R.S., c. 7, form D ; 63-64 V., c. 12, form D ; 2 E. VII., c. 37, form D. E Oath of Enumerator. I, the undersigned, I. J., appointed enumerator for the polling district No. , (or, as the case may be) of the electoral district of in the province of Saskatchewan, or Alberta, or the Yukon Territory, (or as the case may be), do solemnly swear (or, being one of the persons permitted by law to affirm in civil cases, solemnly affirm) that I will act faithfully in my- said capacity of enumerator, without partiality, fear, favour, or affection. So help me God. I. J., Enumerator. 9 129 Certificate R.S., 1906. 74 Chap. 6. Dominion Elections. Sch. Certificate of an Enumerator having taken the Oath of Office. I, the undersigned, hereby certify that on the day of the month of , I. J., enumerator for ihe polling district No. , (or as the case may be) of the electoral district of in the province of Saskatchewan, or Alberta, or Yukon Territory (or as the case may be), took and subscribed the oath (or affirmation) of office, required in such case of an enumerator, by section 44 of the Dominion Elections Act. In testimony whereof, I have delivered to him this certificate under my hand. C. D., Justice of the Peace. E.S., c. 7, form J; 2 E. VII. or A. B., Returning Officer. c. 37, form J. List of Voters. Electoral district of Polling division No. (or as the case may be). No. Name. Occupation or Addition. Residence. Remarks. I certify that the foregoing is a true copy of the voters' list in polling division No. (or as the case may be) of the elec- toral district of , as prepared by me for use in the election of a member (or members, as the case may be) of the House of Commons for the said electoral district, now pending. *- I.J., Enumerator. (Here the enumerator shall make any addition to the list which he finds necessary.) I certify that the foregoing is a correct list of the voters in polling division No. (or as the case may be) of the electoral district of as revised (or, if no correction 130 is R.S., 1906. Sch. Dominion Elections. Chap. 6. 75 is made, as finally approved) by me this day of 19 . I.J, Enumerator. K.S., c. 7, form K; 2 E. VII., c. 37, form K. G Proclamation of the returning officer declaring the time and place fixed for the nomination of candidates, and also the day for opening the poll, and the polling stations and poll- ing districts. PROCLAMATION. Electoral district of to wit: Public notice is hereby given to the electors of the electoral district aforesaid, that, in obedience to His Majesty's writ to me directed, and bearing date the day of 19 , I require the presence of the said electors at (describe the place where the nomination is to take place), in the county (or town- ship, or in the city or town) of , on the day of the month of , from noon until two of the clock in the afternoon, for the purpose of nominating a person (or persons, as the case may be), to represent them in the House of Commons of Canada; and that, in case a poll is demanded and allowed in the manner by law prescribed, such poll will be opened on the day of the month of , in the year from the hour of nine in the forenoon till five of the clock in the afternoon in each of the polling divisions, that is to say : — For the polling division No. 1, consisting of (or bounded as follows, or otherwise describing it clearly) at (describing the polling station and so continuing for all the other polling divisions and stations in the electoral district). And further, that on the day of at I shall open the ballot boxes, add up the votes given for the several candidates and return as elected the one (or as the case may be) having the majority of votes. Of which all persons are hereby required to take notice, and \o govern themselves accordingly. Given under my hand at , this day of , in the year 19 . A. B., Returning Oificer. 51 V., c. 10, s. 4, form E; 63-64 V., c. 12, form E; 2 E. VII., c. 37, form E. 9£ 131 H R.S., 1906. 76 Chap. 6. Dominion Elections. Sch. H Nomination Paper, etc. We, the undersigned electors of the electoral district of , hereby nominate (names, residence and additions or description of person or persons nominated) as a candidate at the election now about to be held of a member (or two members, as the case may be) to represent the said electoral district in the House of Commons of Canada. Witness our hands at in the said electoral district, this day of 19 . Signed by the said electors, "1 in presence of > Signatures with residence of (additions) J and additions. I, the said , nominated in the foregoing nomination paper, hereby consent to such nomination. Witness my hand at , this day of 19 . J. K. Signed by the said nominee, in presence of ) of , of (additions)) R.S., c. 7, form F; 63-64 V., c. 12, form F; 2 E. VII., c. 37, form F. Oath of Attestation of the Nomination Paper. I, N. O., of (addition), swear (or solemnly affirm) that I know (mentioning the names of the signers known to him), and that they are duly qualified as electors of the electoral district q£ , to vote at an election of a member (or members, as the case may be) to serve in the House of Commons of Canada, and that they respectively signed the foregoing (or within) nomination paper in my presence; and further (if the case be so), that I know the said thereby nominated as a candidate, and that he signed his consent to the nomination in my presence. Sworn (or affirmed) before me, at ^ , this day of f K O. 19 . J C. D., Justice of the Peace. R.S., c. 7, form G; 63-64 V., c. 12, form G; 2 E. VII., c. 37, form G. 132 (Note.) R.S., 1906. Sch. Dominion Elections. Chap. 6. 77 (Note.) — This Form may be varied according to circum- stances, the intention of the Act being complied with; and the assent of the candidate may be sworn to by a separate elector, if the facts require it. Return where there are no more Candidates than Members to be elected. I hereby certify that the member (or members) elected for the electoral district of , in pursuance of the within written writ, is (or are) J. K., of in , (and L. M., of (as in the nomination paper), no other candidate having been nominated (or the other or all other can- didates having withdrawn, as the case may be). Dated at , this day of , 19 . A. B., Returning Officer. R.S., c. 7, form H; 63-64 V., c. 12, form H; 2 E. VII., c. 37, form H. K Notice of Poll being granted, and of Candidates nominated. Electoral district of , to wit : Public notice is hereby given to the electors of the electoral district aforesaid, that a poll has been demanded at the election now pending for the said electoral district, and that I have granted such poll ; and further, that the persons duly nominated as candidates at the said election, and for whom only votes will be received, are, — 1. John Doe, of the township of Nepean, county of Carleton, yeoman. 2. Richard Roe, of the town of Prescott, county of Gren- ville, merchant. 3. Geoffrey Stiles, of 10 Sparks Street Ottawa, physician. 4. John Stiles, of 3 Elgin Street, Ottawa, barrister-at-law. (as in the nomination paper.) Of which all persons are hereby required to take notice, and to govern themselves accordingly. Given under my hand at this day of , in the year 19 . A. B., Returning Officer. 63-64 V., c. 12, form I. 133 L R.S., 1906. 78 Chap. 6. Dominion Elections. Sch. L Election Notice. Electoral district of ^ To wit : J Public notice is hereby given to the electors of the electoral district aforesaid, that a poll has been granted for the election now pending for the said district, and that such poll will be open on , the day of , 19 , from the hour of nine in the forenoon till the hour of five in the after- noon, in each of the following divisions, that is to say : — For the polling division No. 1 (or other designation) consist- ing of (or bounded as follows, or as the case may be) at (describe the polling station; and so continue for all the other polling divisions and polling stations in the electoral district). Further, that the persons duly nominated, and for whom only votes will be received, are, — " I (Insert the names and additions of each can- didate as given in the nomination papers.) And further, that unless the election is otherwise terminated before the time above named for closing the poll, I will, on , the day of 19 , open the ballot boxes, sum up the votes given for the several candidates, and return as elected the one having the majority of votes. Of which all persons are hereby required to take notice and govern themselves accordingly. Given under my hand at , this day of , 19 . A. B., Returning Officer. R.S., c. 7, form I; 57-58 V., c. 15, s. 12 ; 2 E. VII., c. 37. form I. M Commission of a Deputy Returning Officer. To G. H. (insert his legal addition and residence). Know you, that in my capacity of returning officer for the electoral district of , I hereby appoint you to be deputy returning officer for the polling division inn nber , of the said electoral district of , there to take the votes of the electors by ballot according to law, at the polling station to be by you 134 • opened R.S., 1906. Sch. Dominion Elections. Chap. 6. 79 opened and kept for that purpose; and you are hereby authorized and required to open and hold the poll of such election for the said polling division on the day of , at nine o'clock in the forenoon, at (here describe particularly the place in which the poll is to be held), and there to keep the said poll open during the hours prescribed by law, and to take at the said polling place, by ballot, in the manner by law provided, the votes of the electors voting at the said polling place, and after counting the votes given and performing the other duties required of you by law, to return to me forthwith the ballot box sealed with your seal, and inclosing the ballots, envelopes, list of voters, poll book, and other documents required by law, together with this com- mission. Given under my hand, at , this day of , in the year 19 . A. B., Returning Officer. 63-64 V., c. 12, form J. Oath of Deputy Returning Officer. I, the undersigned G. H., appointed deputy returning officer for the polling division No. of the electoral district of , swear (or solemnly affirm), that I will act faithfully in my said capacity of deputy returning officer, without partiality, fear, favour or affection. So help me God. G. H., Deputy Returning Officer. Certificate of a Deputy Returning Officer having taken the Oath of Office. I, the undersigned, hereby certify that on the day of the month of , G.H., deputy returning officer for the polling division No. of the electoral district of , took and subscribed the oath (or affirmation) of office, required in such case of a deputy returning officer, by section 108 of the Dominion Elections Act. 135 In R.S., 1906. 80 Chap. 6. Dominion Elections. Sch. In testimony whereof, I have delivered to him this certificate under my hand. C. D., Justice of the Peace. or A. B., Returning Officer. R.S., c. 7, form M; 63-64 V., c. 12, form K; 2 E. VII., c. 37, form M. Directions for the Guidance of Electors in Voting. The voter is to vote only for one candidate, unless two mem- bers are to be returned for the electoral district, in which case he may vote for one or for two candidates as he thinks fit. The voter will go into one of the compartments, and, with a black lead pencil there provided, place a cross or crosses within the white space containing the name of the candidate or of each of the candidates for whom he votes, thus X. The voter shall then fold the ballot paper so that the initials and stamp on the back and the number on the counterfoil can be seen without opening it; he shall then return the ballot paper so folded to the deputy returning officer, who shall, in full view of those present, including the elector, remove the counterfoil, destroy the same, and place the ballot paper in the ballot box. The voter shall then forthwith quit the polling station. If the voter inadvertently spoils a ballot paper so that he cannot conveniently use it as he desires, he may return it to the deputy returning officer, who shall give him another. If the voter votes for more candidates than he is entitled to vote for, or places any mark on the ballot paper, by which he can afterwards be identified, his vote will be void and will not be counted. If the voter fraudulently takes a ballot paper out of the polling station, or fraudulently delivers to the deputy returning officer to be put into the ballot box any other paper than the ballot paper given him by the deputy returning officer, he will be subject to be punished by fine not exceeding five hundred dollars and not less than one hundred dollars, or by imprison- ment for a term not exceeding two years and not less than six months, with or without hard labour, in default of payment. 136 In R.S., 1906. Sch. Dominion Elections. Chap. 6. In the following form of ballot paper, given for illustration, the candidates are William R. Brown, Frank Hamon, Joseph O'Neil and John R. Smith, and the voter has marked his ballot paper in favour of John R. Smith. 1 2 3 4 WILLIAM R. BROWN of the city of Ottawa, Barrister. FRANK HAMON of the city of Ottawa, Artist. JOSEPH O'NEIL of the city of Ottawa, Gentleman. JOHN R. SMITH of the city of Ottawa, Merchant. X 63-64 V., c. 12, form L; 1 E. VII., c. 16, s. 9. 81 137 R.S., 1906. 82 Chap. 6. Dominion Elections. Sch. Information for Electors. The following is the qualification of electors as prescribed by the Parliament of Canada: — Everv male person shall be qualified to vote at the election of a member under this Act who, not being an Indian, is a British subject and of the full age of twenty-one years, and who has resided in the [province of Saskatchewan or Alberta, or the Yukon Territory (or as the case may be), for at least twelve months immediately preceding the issue of the writ of election, (and in the province of Saskatchewan or Alberta add the fol- lowing ) , and in the electoral district, for at least three months, immediately preceding the issue of the writ of election]. If any elector finds that his name is not on the voters' list of the polling division to which he belongs, he may apply to the enumerator, not later than two days before the polling day, to have his name added to the said list. Each elector may vote only at one polling station and for one candidate within the same electoral district. The elector will go into one of the compartments, and, with a pencil there provided, place a cross within the white space containing the name of the candidate or of each of the candi- dates, for whom he votes, thus X. The elector shall then fold the ballot paper so as to show a portion of the back only with the initials of the deputy return- ing officer thereon and the number on the counterfoil, and also in such a manner as to permit the counterfoil to be detached without unfolding the ballot paper; he shall then return the ballot paper so folded to the deputy returning officer, who shall place it in the ballot box, after having detached the counter- foil. The elector shall then forthwith quietly leave the polling station. If an elector inadvertently spoils a ballot paper he may return it to the proper officer, who, on being satisfied of the fact, will give him another. If an elector votes for more candidates than he is entitled to vote for, or places any mark on the ballot paper by which he can afterwards be identified, his vote shall be void, and will not be counted. If an elector takes a ballot paper out of the polling station or fraudulently puts into the ballot box any other paper than the ballot paper given him by the deputy returning officer, he will be subject to be punished by fine of five hundred dollars or by imprisonment for a term not exceeding six months, with or without hard labour. Dated at , this day of , 19 . (Signed) A. B., Returning Officer. 57-58 V., c. 15, s. 13; 58-59 V., c. 11, ss. 1, 2; 60 V., c. 5, s. 7 ; 2 E. VII., c. 37, form L. 138 Q R.S., 1906. Sch. Dominion Elections. Chap. 6. 83 Q Commission of a Poll Clerk. To I. J. (insert his legal addition and residence). Know you, that in my capacity of deputv returning officer for the polling division No. , of the electoral district of , I hereby appoint you to be poll clerk for the said polling division. Given under my hand, at , this day of , in the year 19 a h., Deputy Returning Officer. 63-64 V., c. 12, form M. R Oath of Poll Clerk. I, the undersigned, I. J., appointed poll clerk for the polling division No. , of the. electoral district of , swear (or solemnly affirm) that I will act faithfully in my capacity of poll clerk, and also in that of deputy returning officer if required to act as such, according to law, without partiality, fear, favour or affection, and that I will keep secret the names of the candidates for whom any of the voters at the polling station in the polling division No. marks his ballot paper in my presence at this election. So help me God. I. J., Poll Clerk. Certificate of the Poll Clerk having taken the Oath. I, the undersigned, hereby certify that on the day of the month of , I. J., poll clerk, for the polling division No. , of the electoral district of , took and subscribed before me the oath (or affirmation) of office required of a poll clerk in such cases by section 115 of the Dominion Elections Act. 139 In R.S., 1906. 84 Chap. 6. Dominion Elections. Sch. In testimony whereof, I have delivered to him this certificate under my hand. C. D., Justice of the Peace. or A. B., Returning Officer. or G. H., Deputy Returning Officer. R.S., c. 7, form O*; 63-64 V., c. 12, form N;2E. VIL, c. 37, form N. S Commission of a Poll Clerk acting as Deputy Returning Officer. To of (insert his residence and legal addition). Know you, that in my capacity of acting deputy returning officer for the polling division No. of the electoral district of , in consequence of the decease (or incapacity to act, or as the case may be) of the deputy returning officer for the said polling division whose poll clerk I was, I hereby appoint you to be poll clerk for the said polling division ISTo. , of the said electoral district. Given under my hand at , this day of , in the year 19 . I.J, Poll Clerk, acting as Deputy Returning Officer. The oath and certificate of its having been taken will be the same as in the case of a poll clerk appointed by the deputy returning officer. 63-64 V., c. 12, form O. 140 R.S., 1906. Sell. Dominion Elections. Chap. 6. T Form of Ballot Paper. Front. The black line above the first name shall extend to the upper edge, and the black line below the last name shall extend to the lower edge of the ballot paper, and all black lines be pro- longed to the edge of the vaper. 85 141 Ft inn R.S., 1906. 86 Chap. 6. Dominion Elections. Sch. Form T. — Continued. Form of Ballot Paper. Bach. hi Z ' o td ■ * CO Izj N> o Ul CO tr-i E. VII., c. 16, s. 10. 142 U S., 1906. Sell. Dominion Elections. Chap. 6. 87 U Oath of Agent of a Candidate, or Elector Representing Candidate. I, the undersigned, P. Q., agent for (or elector representing) J. -K., one of the candidates at the election now pending for the electoral district of , do swear (or solemnly affirm) that I will keep secret the names of the candidates for whom any of the voters at the polling station in the polling division No. marks his ballot paper in my presence at this election. So help me God. P. Q., Sworn (or affirmed) before me, at , this day of 19 . A. B., Returning Officer, or C. D., Justice of the Peace. 63-64 V., c. 12, form Q. Oath by Deputy Returning Officer, Poll Clerk or Agent wishing to vote. I, G. H., of etc., deputy returning officer (or poll clerk, or agent for J. K., one of the candidates at the election for the House of Commons for the electoral district of (or as the case may be) do swear (or solemnly affirm) that I am actually entitled to vote for a member of the said House of Commons, for this electoral district at the present election ; That I have not voted before at this election, either at this or any other polling place ; That I have not received anything, nor has anything been promised me, directly or indirectly, either to induce me to vote at this election, or for loss of time, travelling expenses, hire of team or for any other service connected therewith : That I have not directly or indirectly paid or promised anything to any person either to induce him to vote or to refrain from voting at this election. So help me God. G. H. Sworn (or affirmed) before me, at , this day of , A.D. 19 . A. B., Returning Officer, or C. D., Justice of the Peace. 63-64 V., c. 12, form R. 143 \Y R.S., 1906. 88 Chap. 6. Dominion Elections. W Form of Poll Book. Sell. Names op the voters. O <* S - be3 3 E ■gsj 2 a i C O x 5 3 « c bo— > a I 63-64 V., c. 12, form S. Oa^ o/ Qualification of Voter whose Name is omitted on Account of Provincial Disqualification. You swear (or solemnly affirm) that you are legally qualified to vote at this election, and that you verily believe that your name was omitted from the list of voters by reason of your being (here name the office the holder of which, or the capacity in the public service of Canada or the province, the employment in which, or the profession, calling, employment or occupation, the belonging to or engagement in which, or the class of persons the belonging to which disqualified or disqualifies the voter from having his name on the list or from voting at a provincial elec- tion) at the time such list was prepared, and for no other reason- So help you God. 1 E. VII., c. 16, s. 11. 144 K.S., 1906. Y Sch. Dominion Elections. Chap. 6. 89 Y Oath that Vote?' is not disqualified under the Dominion Elections Act. You swear (or solemnly affirm), — That you have not been disfranchised under the provisions of the Disfranchising Act, or for corrupt practices under the Dominion Elections Act ; That you have not voted before at this election, either at this or at any other polling station ; That you have not received anything, that you do not expect anything, nor has anything been promised you directly or in- directly, to induce you to vote at this election, either for loss of time, travelling expenses, hire of team, or for any other service connected therewith ; That you have not, directly or indirectly, paid or promised anything to any person either to induce him to vote or to refrain from voting at this election ; That you are not otherwise disqualified from voting at this election. So help you God. 1 E. VII., c. 16, s. 12. Z Oaths to be taken by Electors. No. 1. You do swear that you are of the male sex and a British sub- ject, that you are not an Indian, that you are of the full age of twenty-one years, and that you have resided in the province of Saskatchewan or Alberta or the Yukon Territory (as the case may be) for at least twelve months, and (in case of the pro- vinces of Saskatchewan and Alberta) in this electoral district for at least three months, immediately preceding the issue of the writ of election, and that you are now resident in this polling division, (the last ten words shall be omitted from the oath in the case of a person voting under section 59 or in Yukon Terri- tory). So help me God. JN T o. 2. You do swear that you have not received any money or other reward, nor have you accepted any promise made to you, directly or indirectly, to induce you to vote at this election, and that you have not before voted at this election in this electoral district, either at this or any other polling station. So help you God. 58 59 V., c. 11, s. 3; 2 E. VII./c. 37, form 0; 1 5 E. VII., q. 28, s. 5. 10 145 A.\ ELS., 1906. 90 Chap. 6. Dominion Elections. Sen. AA Oath of Identity by Voter receiving a Ballot Paper, after another has voted in his Name. You swear (or solemnly affirm) that you are (name), of (as on the list of voters), whose name is entered on the list of voters now shown you. So help you God. 63-64 V., c. 12, form V. BB Oath of Voter unable to mark his Ballot Paper. You swear (or solemnly affirm) that you are unable to read and understand the ballot paper so as to mark it, (or that you are incapacitated by blindness or other physical cause, as the case may be) , from voting without assistance. So help you God. 63-64 V., c. 12, form W. CC Oath of the Deputy Returning Officer after the closing of the Poll. I, the undersigned, deputy returning officer for the pollino- division No. , of the electoral district of , do swear (or solemnly affirm) that, to the best of my knowledge and belief, the poll book kept for the said polling division, under my direction, has been so kept correctly; that the total number of votes polled in the said poll book is , and that it contains a true and exact record of the votes given at the polling station in the said polling division, as the said votes were taken thereat ; that I have faithfully counted the votes given for each candidate, in the manner by law provided, and performed all duties required of me by law, and that the report, poll book, packets of ballot papers, and other documents required by law to be returned by me to the returning officer, have been faith- fully and truly prepared and placed within the ballot box, as this oath (or affirmation) will be, to the end that the said ballot 146 box, U.S., 1906. Sch. Dominion Elections. Chap. 6 t 91 box, being first carefullv sealed with my seal, may be trans- mitted to the returning officer according to law. G. H., Deputy Returning Officer. Sworn before me at , in the county of , this day of , 19 . C. D., Justice of the Peace. or A. B., Returning Officer. or I. J.. Poll Clerk. 03-64 V.. c. 12, form X. DD Oath of the Poll Clerk after the closing of the Poll. I, the undersigned, poll clerk for the polling division No. , of the electoral district of , do swear (or do solemnly affirm) that the poll book in and for the said (as the case may be), under the direction of G. H., who has acted as deputy returning officer therein, has been so kept by me, under his direction as aforesaid, correctly and to the best of my skill and judgment ; that the total number of votes polled in the said poll book is , and that to the best of my knowledge and belief it contains a true and exact record of the votes given at the polling station in the said polling divi- sion (as the case may be) as the said votes were taken at the said poll by the said deputy returning officer. Poll Clerk. Sworn (or affirmed) and subscribed before me, at this day of , in the year 19 . C. D., Justice of the Peace. or A. P., Returning Officer. or G. II.. Deputy Returning Officer. 63-64 V., c. 12, form Y. 10* 117 i I U.S.. 1906. 92 Chap. 6. Dominion Elections. Son. EE Statement of the Poll, after counting the Ballots. Polling Division No Electoral District of Number of Ballot Papers received from the Returning Officer Number of Ballot Papers cast for. spoiled rejected not used and returned Totals. I hereby certify that the above statement is correct. Dated at ^1 n TT -jo Deputy Returning Officer. 63-64 V., c. 12, form Z. FF Certificate to he delivered to Candidates, etc. I, the undersigned, deputy returning officer for polling division No. , in the electoral district of , in the province of , do hereby certify that, at the election held this dav, for a member to serve in the House of Commons, 148 the E.S., 1906. Sch. Dominion Elections. Chap. 6. 93 the hereinafter mentioned candidates received the number of ballot papers set opposite their respective names, viz. : — NAMES OF CANDIDATES NUMBER OF BALLOT PAPERS and also that Dated at this day of 63-64 V., c. 12, ballot pap< 19 .] form AA. srs were rejected. G. H., Deputy Returning Officer. GG Oath of Messenger sent to collect the Ballot Boxes. I, R.S., of , messenger appointed by A. B., returning officer for the electoral district of , in the province of , do swear (or solemnly affirm) that the several boxes, to the number of , now delivered by me to the said returning officer have been handed to me by the several deputy returning officers at the present election for the said electoral district (or by — here insert the names of the deputy returning officers who have delivered the said boxes); that they have not been opened by me, or any other person ; and that they are in the same state as they were in when they came into my possession. (If any change has taken place, the depon- ent shall vary his deposition by fully stating the circumstances.) R. S. Sworn (or affirmed) and subscribed before me, at , this day of , in the year 19 . C. D., Justice of the Peace. or A. B., Returning Officer. or G. H, Deputy Returning Officer. 63-64 V., c. 12, form BB. 149 I1II R.S., i 94 Chap. 6. Dominion Elections. Seh. HH Betum after a Poll has been taken. I hereby certify that the member (or members) elected for the electoral district of , in pursuance of the within written writ, as having received the majority of votes lawfully given, is (or are) A. B., etc, (names, etc., in the nomination papers). Dated at , this day of , 19 . A. B., Returning Officer. R.S., c. 7, form R; 63-64 V., c. 12, form CC. II Information for Personation. Canada. ^ Province of > County of J The information of P. Q., of , taken this day of in the year , before the undersigned, a deputy returning officer at a polling station in the of for an election being held for the electoral district of of a member of the House of Commons. The said informant says that he believes that T. TJ. (or that a person whose name is to the informant unknown but who is now detained in the said polling station under my order, (or as the case may be), on this day at the said polling place did commit the offence of personation by (describing the offence). Taken and sworn before me at the said polling station, the day and vear above mentioned. G.H., Deputy Returning Officer. 63-64 V., c. 12, form DD. JJ" ]Y arrant for Arrest of Person charged with Personation. Canada. "^ Province of >• County of J To all or any of the constables and other peace officers in the county of Whereas, before the undersigned, a deputy returning officer at a polling station in the of for an 150 election R.S., 1906. Sell. Dominion Elections. Chap. 6. 95 election being held for the electoral district of of a member of the House of Commons, T. XL, of , has this day been charged upon oath with having committed the offence of personation on this day and at the said polling place by {describing the offence). These are therefore to command you in His Majesty's name forthwith to apprehend the said T. XL, and to bring him before to answer unto the said charge, and to be further dealt with according to law. Given under my hand and seal, under the Dominion Elec- tions Act, this day of , in the year 19 . 63-64 V., c. 12, form EE. G. H., Deputy Returning Officer. SCHEDULE TWO. FEES OF RETURNING OFFICERS AND OTHERS. To Returning Officer, when no Poll is taken. 1. For the personal services of the returning officer, forty dollars; , 2. For the personal services of the election clerk, four dollars ; 3. For one constable, if considered necessary, one dollar ; 4. For printing proclamations, actual cost ; 5. For posting proclamations, not less than four in each poll- ing division, for each mile necessarily travelled from place to place, twelve and one-half cents ; 6. For each mile necessarily travelled by returning officer and election clerk in going to and returning from the place of nomination, twelve and one-half cents ; 7. For use, when a public building is not obtainable, of a private building for nomination, actual outlay, not exceeding four dollars ; 8. For necessary disbursements under sections 22-23, the fees to be paid for copies of documents furnished to the return- ' ing officer thereunder to be those provided for similar services * under the provincial law, and where no provision is made by the provincial law, ten cents per folio of one hundred words, and for the certificate of the custodian, fifty cents. To Returning Officer when Polls are taken. 9. For the personal services of the returning officer, sixty dollars as a minimum allowance, two dollars a poll when there avo more than thirty polls in a riding; 151 10. R.S., 1906. 96 Chap. 6. Dominion Elections. Sell. 10. For the personal services of the election clerk, eight dollars ; 11. For services of one constable, if considered necessary ut the nomination, one dollar; 12. For printing proclamations and lists of candidates, actual cost; 13. For posting proclamations (as in item five), per mile, twelve and one-half cents ; 14. For each mile necessarily travelled posting up any adver- tisement to be so posted up, in appointing and swearing the deputy returning officers, and furnishing them with ballot boxes, ballot papers, envelopes, printed directions for the guidance of voters and lists of voters, twelve and one-half cents ; 15. For each mile necessarily travelled for collecting the ballot boxes, and lists of voters used at each poll, and for swear- ing the deputy returning officers after the close of the poll, twelve and one-half cents ; 16. For each mile necessarily travelled by returning officer and election clerk in going to and returning from the place of nomination, twelve and one-half cents ; 17. For making up and transmitting returns to the Clerk of the Crown in Chancery, postage and telegrams, actual disbursements ; • 18. For services necessary under sections 188, 189, 190 a reasonable sum to be determined by the Governor in Council ; 19. For use, when a public building is not obtainable, of private buildings for nomination, outlay, not exceeding four dollars ; 20. For ballot boxes, when furnished by him, and for ballot papers and envelopes, and for any other disbursements abso- lutely required and not hereinbefore provided for, actual dis- bursements ; 21. Screens for use in polling room, actual cost; 22. For swearing the poll clerk before and after the polls, one dollar; 23. For taking the polls, four dollars, (to deputy return- ing officers) ; v 24. For services of poll clerk, two dollars; 25. For services of one constable, if considered necessary, one dollar; 26. For mileage of deputy returning officer and poll clerk going to and returning from the polling station, and delivering ballot boxes, each mile twelve and one-half cents; 27. Actual expenses incurred for the use of polling stations, not exceeding ten dollars in cities, or four dollars in other electoral districts, this fee to cover fuel, light and furniture. 63-64 V., c. 12, sch. 2. R.S., 1906. OTTAWA: Printed by Samuel Edward Dawson, Law Printer to the King's most Excellent Majesty. 152 CHAPTER 7. An Act respecting Controverted Elections of Mem- bers of the House of Commons. SHORT TITLE. 1. This Act may be cited as the Dominion Controverted Short title. Elections Act. U.S., c. 9, s. 1. INTERPRETATION. 2. In this Act, unless the context otherwise requires, — Definitions. (a) ' Speaker ' means the Speaker of the House of Com- < Speaker ' mons ; and, when the office of Speaker is vacant, or when the Speaker is absent from Canada or is unable to act. means the Clerk of the House of Commons, or any other officer for the time being performing the duties of the Clerk of the said House ; (b ) ' member ' means a member of the House of Commons < ^j em b er > of Canada ; (c) ' election ' means an election of a member to serve in the 'Election.' House of Commons of Canada ; (d) ' electoral district ' means an electoral district entitled « Electoral to return a member or members; district. (e) ' candidate ' means any person elected to serve as a mem- < candidate.' ber, and any person who has been nominated as a candi- date at an election ; (f) 'corrupt practices' means acts in reference to elections 'Corrupt which are declared to be corrupt practices by the Dominion P ractlces Elections Act, or any other Act of the Parliament of Canada, or recognized as such by the common law of Parliament ; (g) ' rules of court ' means rules made as hereinafter pro- ■ R u ies of vided ; court.* (h) 'prescribed' means prescribed by this Act, or by the 'Prpscribed. rules of court made under this Act ; (i) 'clerk' or 'clerk of the court' means the clerk of the 'Clerk; Crown, chief clerk, or registrar of the court, or, in On- tario, the registrar of any division of the High Court of Justice, or the prothonotary, or any other officer of the court prescribed for the purpose in question ; (j) 'the court,' as respects elections in the several provinces -Court.' hereinafter mentioned, mean- respectively the courts here- inafter mentioned, or anv judge 1 thereof, that is to say: — 153 ' ti> R.S., 1000. Chap. 7. Controverted Elections. ' Trial judges.' ' Petition.' ' Election list.' ' Summary trial court.' Jurisdiction. Electoral dis- trict partly in Saskatche- wan and partly in AHierta. Pending pro eeedings. (i) In the province of Ontario, the High Court of Justice ; (ii) In the province of Quebec, the Superior Court; (iii) In the province of Nova Scotia, the Supreme Court ; (iv) In the province of New Brunswick, the Supreme Court ; (v) In the province of Manitoba, the Court of Appeal; (vi) In the province of British Columbia, the Supreme Court ; (vii) In the province of Prince Edward Island, the Supreme Court of Judicature; (viii) In the province of Saskatchewan or Alberta, the Supreme Court of the Northwest Territories pending the abolition of that Court by the legislature of the province, and thereafter such superior court of jus- tice as, in respect of the civil jurisdiction of the said Court, is established for the province in lieu thereof; (ix) In the Yukon Territory, the Territorial Court; (k) 'trial judges' means the two judges trying an election petition or performing any duty to which the enactment in which the expression occurs has reference ; (I) ' petition ' or ' election petition ' means a petition com- plaining of an undue return, or undue election of a mem- ber, or of no return, or of a double return, or of matters contained in a special return made, or of any unlawful act by any candidate not returned by which he is alleged to have become disqualified to sit in the House of Commons; ( /// ) ' election list ' means the list of petitions presented under this Act required by this Act to be made out by the clerk of the court; (n) ' summary trial court ' means a court for the summary trial of any person charged with having committed corrupt practices at an election. 2. Each of the said courts shall, subject to the provisions of this Act, have the same powers, jurisdiction and authority with reference to an election petition and the proceedings thereon, as if such petition were an ordinary cause within its jurisdiction. ■ 3. In respect of proceedings relating to or affecting an elec- tion for an electoral district partly in the province of Saskatche- wan and partly in the province of Alberta, the court shall be the Supreme Court of the Northwest Territories pending the abolition of that Court by the legislature of the province of Alberta, and thereafter such superior court as, in respect of the civil jurisdiction of that Court, is established for that province in lieu thereof. 4. Proceedings under this Act which are pending in the Supreme Court of the Northwest Territories in the province of Saskatchewan or the province of Alberta at the time of the 154 abolition Controverted Elections. Chap. 7. abolition of the said Court in the province may be continued in such superior court of justice, as, in respect of the civil juris- diction of the said Court, is established for the province in lieu thereof in all respects as if such proceedings had been instituted in such latter court: Provided that if such proceedings relate to or affect an election for any electoral district which is partly in one and partly in the other of the said provinces, the pro- ceedings shall be continued in the superior court so established in the province of Alberta. R.S., c. 9, ss. 2, 5, 29, 78; 50-51 V., c. 7, s. 1 ; 54-55 V., c. 20, s. 1 ; 4-5 E. VII., c. 8, ss. 1 and 2; (BE. VII., c. 4, s. 2. VENUE. 3. In the province of Quebec, the cause of action shall be Venue in held to have arisen at the place where the election was held, l and the election petition shall be presented to the court in tlu- judicial district in which such place lies. R.S., c. 9, s. 3. ROTA. 4. The rotation or order in which trials under this Act, and Rotation of any duties assigned by this Act to a single judge, shall be under- courts for taken or performed by the judges of the court, shall, if not d " tv under prescribed by the law of the province or the practice of the court, be arranged by the judges. 2. In the province of Ontario the distribution of cases for In Ontario, trial under this Act between the several divisions of the High Court of Justice shall be arranged by the presidents thereof, in such manner as shall in their judgment as nearly as possible equalize between the several divisions the number of petitions standing for trial in the Court: Provided that it shall not be necessary that the judges before whom in any case the trial is conducted shall be judges of the division to which the case is assigned for trial ; and the presidents of the several divisions shall arrange in such manner as is necessary for the rotation of the judges. 50-51 V., c. 7, s. 2; 54-55 V., c. 20, ss. 2 and 4. PETITIONS. 5. A petition may be presented to the court by any one or Election more of the following persons: — petitions. (a) A person who had a right to vote at the election to which By whom to the petition relates ; or, w made - (b) A candidate at such election. U.S., c. 9, s. 5. 6. At the time of the presentation of the petition there shall Affidavit of also be presented therewith an affidavit by the petitioner that he 155 has R.S., 1906 4 Chap. 7. Controverted Elections. has good reason to believe and verily does believe that the several allegations contained in the said petition are true ; and, thereafter, should any elector be substituted for the petitioner, then, and in every such case, such elector, before being so sub- stituted, shall make and file an affidavit to the same effect. 54-55 V.. c. 20, s. 3. Preliminary 7, Nothing herein contained shall prevent the sitting mom- by Bitting ber from objecting by his preliminary objections to any further member. proceeding on the petition by reason of the ineligibility or disqualification of the petitioner, or from proving on the trial of any petition under this Act complaining of an undue return and claiming the seat for any person, that such person was not duly elected. R.S., c. 9, s. 5. Petition 8. Whenever a petition under this Act, complaining of no of™ o return re t u ™, is presented, such order may be made thereon by the court as is deemed expedient for compelling a return to be made ; or the court may allow such petition to be tried in the manner herein provided with respect to ordinary election peti- tions. U.S., c. 9, s. 6. when re- 9. Whenever any election petition complains of the conduct re™shall be °f an y returning officer, such returning officer shall, for all the respondent, purposes of this Act, except the admission of respondents in his place, be deemed to be a respondent. R.S., c. 9, s. 7. Two or more 10. Two or more candidates may be made respondents to may be eS the same petition, and their cases may, for the sake of conven- respondents. Jence, be tried at the same time; but, as regards the security to be given on behalf of the petitioner, and for all other pur- poses of this Act, such petition shall be deemed to be a separate petition against each respondent. U.S., c. 9, s. 8. PRESENTATION OF THE PETITION. Form and H» The petition presented under this Act may be in any contents. prescribed form ; but, if or in so far as no form is prescribed, it need not be in any particular form, but it must complain of the undue election or return of a member or that no return has been made, or that a double return has been made, or of matter contained in any special return made, or of some such unlaw- ful act as aforesaid by a candidate not returned, and it must be signed by the petitioner, or all the petitioners if there are more than one. R.S., c. 9, s. 9. Time for 12. The petition must be presented not later than thirty presentation. dayg a £ ter the ^ fixed for the nom i na ti n, in case the candi- date or candidates have been declared elected on that day, and 156 in R.S., 190G. Controverted Elections. Chap. 7. I in other cases forty days after the holding of the poll, unless it questions the return or election upon an allegation of corrupt practices, and specifically alleges a payment of money or other act of bribery by any member or on his account with his privity, since the time of the taking of the votes of such electors. in pursuance or in furtherance of such corrupt practice, in which case the petition may be presented at any time within thirty days after the date of such payment or act. 2. In case any petition is presented at either time and on Cross any ground, the sitting member whose election and return is P etit 'on. petitioned against may, not later than fifteen days after service of such petition against his election and return, file a petition complaining of any unlawful and corrupt act by any candidate at the same election who was not returned, or by any agent of such candidate with his consent or privity. 54-55 V., c. 20. s. 5. 13. Presentation of a petition shall be made by delivering How it at the office of the clerk of the court, during office hours, or P resente<1 - in any other prescribed manner. U.S., c. 9, s. 9. 14. At the time of the presentation of the petition, security Security for for the payment of all costs, charges and expenses that may cosls ' become payable by the petitioner shall be given on behalf of the petitioner, — (a) to any person summoned as a witness on his behalf; or, (b) to the member whose election or return is complained of, who is hereinafter referred to as the respondent ; or, (c) to the returning officer, if his conduct is complained of ; or, (d). to the candidate not elected, whose conduct is com- plained of as aforesaid. 2. The security shall be to the amount of one thousand Amount of dollars, and shall be given by a deposit of money with the secuntv - clerk of the court. 3. Such deposit shall not be valid unless it is made in gold Gold .or coin which is legal tender under the statutes of Canada at the Stes. n1011 time when the deposit is made, or in Dominion notes, or in the bills of some chartered bank doing business in Canada. R.S., c. 9, s. 9; 54-55 V., c. 20, s. 6. 15. The clerk of the court shall give a receipt for such Receipt for deposit, which shall be evidence of the sufficiency thereof. epos R.S., c. 9, s. 9. 16. On presentation of the petition the <-lcrk of the court Cojp shall send a copy thereof by mail to the returning officer of the returni'ng electoral district to which the petition relates, and Buch return- officer. Lng officer shall forthwith publish a notice thereof once in b 157 newspaper K.S.. 1906. Chap. 7. Controverted Elections. Service upon respondent. Notice to respondents. newspaper published in the district or, if there is no news paper published in the district, then in a newspaper published in an adjoining district. 2. Such notice may be in the following form: — 1 Notice is hereby given that a petition has been presented under the Dominion Controverted Elections Act against the return of , Esquire, as member of the Parliament of Canada for the electoral district of , and (where the seat is claimed) claiming the seat for ' Dated at , the day of , 19 . ' A.B., ' Returning Officer.' 54-55 V., c. 20, s. 7. 17. An election petition under this Act, and notice of the date of the presentation thereof, and a copy of the deposit receipt shall be served as nearly as possible in the manner in which a writ of summons is served in civil matters, or in such other manner as is prescribed. R.S., c. 9, s. 11. 18. Notice of the presentation of a petition under this Act, and of the security, accompanied with a copy of the petition, shall, within ten days after the day on which the petition has been presented, or within the prescribed time, or within such longer time as the court, under special circumstances of diffi- culty in effecting service, alkrws, be served on the respondent or respondents at some place within Canada. 2. If service cannot be effected on the respondent or respond- ents personally within the time granted by the court, then service upon such other person, or in such manner, as the court on the application of the petitioner directs, shall be deem- ed good and sufficient service upon the respondent or respond- ents. 54-55 V., c. 20, s. 8. PRELIMINARY OBJECTIONS. Preliminary 19. Within five days after the service of the petition and petftion 118 t0 tue accompanying notice, the respondent may present in writ- ing any preliminary objections or grounds of insufficiency which he has to urge against the petition or the petitioner, or against any further proceeding thereon, and shall, in such case, at the same time, file a copy thereof for the petitioner, and the court shall hear the parties upon such objections and How decided grounds, and shall decide the same in a summary manner. K.S., c. 9, s. 12. Respondent's 20. Within five days after the decision upon the prelimin- nnswer. ;n . y ]yj ec tions, if presented and not allowed, or on the expiration of the time for presenting the same, if none are presented, the respondent may file a written answer to the petition, together with a copy thereof for the petitioner. 158 2. R.S., 1906. ]f personal service is impossible. Controverted Elections. Chap. 7. 2. Whether such answer is or is not filed, the petition shall petition at be held to be at issue, after the expiration of the said five days, and the court may, at any time thereafter, upon the application of either party, fix some convenient time and place for the trial of the petition. R.S., c. 9, s. 13. PRELIMINARY EXAMINATION OF PARTIES. 21. Any party to an election petition, whether petitioner or When and respondent, may, at any time after such petition is at issue, to^petttion 3 before or pending the trial thereof, be examined by or before a ma .v t> e judge or an examiner, in the manner hereinafter directed, by a party adverse in point of interest touching any matter raised by such petition; and any party so examined may be further examined on his own behalf, in relation to any matter respecting which he has been examined in chief ; but such explanatory Proviso, examination shall be proceeded with immediately after the examination in chief, and not at any future period, except by leave of the court. 2. "When one of several petitioners or respondents has been so If there are examined, any other petitioner or respondent, united in inter- ^J^ s ^* tl ~ est, may be examined on his own behalf or on behalf of those respondents, united with him in interest, to the same extent as the party so examined. R.S., c. 9, s. 14. 22. Whenever a petition has been filed claiming the seat for Defeated a candidate, such candidate, although not a party to the peti- m ay be tion, may be orally examined as if he was a petitioner. E.S., examined, c. 9, s. 15. 23. Any party to be examined orally, under the provisions How examin- of this Act, shall be so examined by or before a judge, a judge ^ducted! b ° of a county court, a master in chancery, clerk of the crown, or special examiner of the court in which such election petition is pending, or before any barrister-at-law named for the purpose by the court. 2. Such examination shall take place in the presence of the Idein parties, their counsel, agents or attorneys; and the party so examined orally shall be subject to cross-examination and re- examination ; and such examination, cross-examination and re-examination shall be conducted as nearly as possible in the mode now in use in superior courts on a .trial of an action or hearing of a cause, or, in the province of Quebec, at the trial of a civil cause by a jury. R.S., c. 9, s. 16. 24. The depositions taken upon any such oral examination Form of the as aforesaid, shall be taken down in writing by the examin< tion - not ordinarily by question and answer, but in the form of a 159 narrati R.S., 1906. Chap. 7. Controverted Elections. Signing. Special matter. Questions may be put down. Deposition to be transmit- ted to the court. narrative, and when completed shall be read over to the witness, and signed by him, in the presence of the parties, or of such of them a* think fit to attend. 2. In case tli^ witness refuses or is unable to sign the said depositions, then the examiner shall sign the same. 3. Such examiner may upon every examination, state any special matter to the court if he thinks fit. -1. It shall be in the discretion of the examiner to put down any particular question or answer, if there appears to be any special reason for so doing; and any question which is objected to shall, at the request of either party, be noticed or referred to by the examiner in or upon the depositions; and he shall state his opinion thereon to the counsel, agents, attorneys or parties ; and, if requested by either party, he shall refer to such state- ment on the face of the depositions. U.S., c. 9, s. IT. 25. When the examination before the examiner is concluded, the original depositions authenticated by the signature of such examiner, shall be transmitted by him to the office of the court to be there filed ; and any party to the petition may have a copy thereof, or of any part or portion thereof, upon payment for the same in such manner as is prescribed by the court in that behalf. R.S., c. 9, s. 18. Compelling 26. The attendance of a party or other person for oral exam- ittpnd'incG 01 parties or ination or cross-examination before the examiner, may be corn- other per- pelled by a writ of subpoena ad testificandum or duces tecum, sons to 06 examined. in like manner as the attendance of such party or person, at the trial of the petition, may be compelled, and any party or person upon being served with such writ shall be bound to attend before the examiner ; but such party or person shall be entitled to the like payment for attendance and expenses as if he had been subpoenaed to attend upon the trial. E.S., c. 9, s. 19. Persons in custody. 27. The sheriff, gaoler or other offcer, having the custody of any prisoner, shall take such prisoner for examination before the examiner, if so ordered by the court. R.S., c. 9, s. 20. Notice of examination. 28. Forty-eight hours' notice of any such oral examination cross-examination shall be given to the opposite party or parties. R.S., c. 9, s. 21. or Neglecting to attend or refusing to answer to be contempt. Witness may demur to questions. R.S., 1906. 29. Any party or person who refuses or neglects to attend at the time and place appointed for his examination or cross- examination, or who refuses to be sworn or to answer any law- ful question put to him by the examiner, or by any person en- titled so to do, or his counsel, agent, attorney or solicitor, may be punished as for a contempt of court. 2. If any witness demurs or objects to any question put to him, the question so put, and the demurrer or objection of the 160 witness Controverted Elections. Chap. 7. 9 witness thereto, shall be taken down by the examiner, and trans- Question and niitted by him to the officer of the court to be there filed; and taken^down the validity of such demurrer or objection shall be decided by the court and the costs of and occasioned by such demurrer or objection shall be in the discretion of the court. R.S., c. 9, s. 22. 30. Any party may, at the trial or other proceeding, use in Use of evidence any part of the examination of the opposite party : de P° 8ltlon - Provided that, in such case, the court may look at the whole Proviso. of the examination, and if it is of the opinion that any other part is so connected with the part to be so used that the last mentioned part ought not to be used without such other part, it may direct such other part to be put in evidence. 54-55 V., c. 20, s. 9. PRODUCTION OF DOCUMENTS. 31. Any party to an election petition, whether petitioner Production, or respondent, may, at any time after such petition is at issue. ,ns p ection J- j / ' *.' i t and copies before or pending the trial thereof, obtain a rule in the nature of docu- of a side bar rule, or order of the court requiring the adverse ments - party to produce within ten days after the service thereof, under oath, all documents in his custody or power relating to the mat- ters in question, saving all just exceptions ; and to deposit the said documents with the clerk of the court ; and upon such documents being produced, the party requiring such production, or his agent, attorney or solicitor, may inspect the same and take examined copies thereof. 2. When any person upon whom a rule or order to produce Just has been served wishes to avail himself of any just exception, exce P tlons - he shall, in his affidavit on production, assign a sufficient reason why he should not produce and deposit the same in manner aforesaid. U.S., c. 9, ss. 24 and 25. 32. Such rule or order may issue in vacation as well as in Rule for pro- term, and may be obtained on the last as well as other days ductlon - of term ; and such rule or order shall be dated the day of the 0!^^ week, month and year on which the same was drawn up and need not specify any other time or date ; and may be obtained by the party requiring the same, his agent, attorney or solicitor, from the clerk of the court. R.S., c. 9, s. 25. 33. The rule or order for the production of documents Service of shall not require personal service, and it shall be sufficient ru,e - to serve the same upon the agent, attorney or solicitor of the party. R.S., e. 0, s. 20. 34. The affidavit on production to be made by the party Affidavii on who has been served with the rule or order for production mav production. 11 161 be R.S., L906. 10 Chap. 7. Controverted Elections. be in the form or to the effect of the schedule to this Act, varied as the facts require. R.S., c. 9, s. 27. Penalty for 35. Anv party who neglects or refuses to obey a rule or disobedience. or( j er f or f] ie production of documents may be punished as for a contempt of court. R.S., c. 9, s. 28. petitions it ••■lie made. Order of trial . TRIAL OF PETITIONS. 36. The clerk of the court shall, as soon as possible, make out a list of all petitions presented under this Act, and which are at issue, placing them in the order in which they were presented, and shall keep at his office a copy of such list open to the inspection of any person making application. 2. Such petitions, as far as conveniently may be, shall be tried in the order in which they stand on such list; and, in the province of Ontario, in the order in which they stand on the list of the several divisions of the High Court of Justice. R.S., c. 9, s. 29; 54^55 V.. e. 20, s. 10. All petitions 37. When, under this Act, more petitions than one are same' efecfion presented relating to the same election or return, all such *° b * petitions shall, in the election list, be bracketed together, and together. shall be dealt with, as far as may be, as one petition; but such petitions shall stand in the election list in the place where the last presented of them would have stood if it had been the only one presented as to such election or return, unless the court otherwise orders. R.S., c. 9, s. 30. Trial of petition. Place of trial. Proviso. Notice of trial. Adjourn- ments. 38. Every election petition shall be tried by two judges without a jury, and it shall be competent for the judges on such trial to decide any question raised as to the admissibility of the evidence offered, or to receive such evidence under reserve and subject to adjudication at the final hearing. 2. The trial of an election petition shall take place in the electoral district, the election or return for which is in ques- tion : Provided that, if it appears to the court that special circumstances exist, which make it desirable that the petition should be tried elsewhere than in such electoral district, the court may appoint such other place for the trial as appears most convenient. 3. Notice of the time and place at which an election petition will be tried shall be given in the prescribed manner, and not less than fourteen days before that on which the trial is to take place. 4. The trial judges may adjourn the trial from time to time, and from one place to another in the same electoral district, as to them seems convenient, or, upon cause shown supported by affidavit, where special circumstances exist which in their opin- ion render it desirable so to do, from one place to another out- 162 side R.S., 1906. Controverted Elections. Chap. 7. 11 side the electoral district, or from a place inside to a place outside the electoral district, or vice versa. R.S., c. 9, s. 31 ; 50-51 V., c. 7, s. 3: 51-55 V., e. 20, ss. 11 and 17 ; 3 E. VII.. c. 12, s. 1. 39. The trial of every election petition shall be commenced when trial within six months from the time when such petition has been sha11 be presented, and shall be proceeded with from day to day until such trial is over; but if, at any time, ir appears to the court that the respondent's presence at the trial is necessary, such trial shall not be commenced during any session of Parliament, if the respondent is a member; and in the computation of any time or delay allowed for any step or proceeding in respect of any such trial, or for the commencement thereof as aforesaid, the time occupied by such session of Parliament shall not be included. 2. If, at the expiration of three months after such petition Substitute has been presented, the day for trial has not been fixed, any elec- f° r petitioner tor may, on application, be substituted for the petitioner on delay. such terms as the court thinks just. P.S., c. 9, s. 32. 40. The court may, notwithstanding anything in the next Enlarge- preceding section, from time to time enlarge the time for the ment - commencement of the trial, if, on an application for that pur- pose supported by affidavit, it appears to sncli court that the requirements of justice render such enlargement necessary. 2. No trial of an election petition shall be commenced or ^ trial proceeded with during any term of the court of which either of during term, the trial judges who are to try the same is a member, and at which such judge is by law bound to sit. U.S., c. 9, s. 33. 41. The trial judges shall be received and attended at the Reception place where they are about to try an election petition under this an^of 60 ** Act, if they are not resident there, in the same manner, so far judges. as circumstances will admit, as if they w T ere about to hold a sitting of the provincial court of which they are members. R.S.. c. 9, s. 34. 42. On the trial of an election petition and in other pro Powers of -ceedings under this Act, the trial judges shall, subject to the tml J ud 8 e - provisions of this Act, have the same powers, jurisdiction and authority as a judge of a superior court for the province in which such election was held, sitting in term, or presiding ai the trial of an ordinary civil suit, and the court held by them for such trial shall be a court of record. E.S., c. 9, s. 35. 43. Unless the trial judges otherwise direct, any charge of lnqui: •corrupt practices may be gone into, and evidence in relation jJJJJSs' 1 ll| 163 thereto R.S., 1906. 12 Chap. 7. Controverted Elections. thereto received, before any proof has been given of agency on the part of any candidate in respect of such corrupt practices. R.S., e. 9, s. 36. Witnesses, 44. "Witnesses shall be subpoenaed and sworn in the same moned and manner, as nearly as circumstances admit, as in cases within sworn. t] 10 jurisdiction of the superior courts in the same province. R.S.', c. 9, s. 37. Witnesses in- 45. jf it [ s made to appear to the court or the trial judges leave Canada, that any witness intends to leave Canada and cannot attend the trial of an election petition, then on application to the court on notice to the parties to the petition, the court may grant an order for the examination of such witness at a time and place and before a person to be named in such order, and the witness may thereupon be examined touching the matter complained of in the petition, due notice of such time and place being given to the parties to the petition, who may, by their respective counsel, attend such examination, and examine and cross- examine such witness ; and such examination shall be reduced to writing and signed by such witness, and when duly returned by the examiner, and purporting to be certified by the examiner, may be used by either party to the petition on the trial thereof. 2. On the trial of an election petition under this Act, the trial judges may, by order under their hands, compel the attend- ance of any person as a witness who appears to them to have been concerned in the election to which the petition relates ; and any person who refuses to obey such order is guilty of con- tempt of court. 3. The trial judges may examine and re-examine any witness so compelled to attend or any person present, although such witness or person is not called and examined by any party to the petition ; and, after the examination of a witness as afore- said by the trial judges, such witness may be cross-examined "by or on behalf of the petitioner and respondent, or either of them. 4. Upon proof to the satisfaction of the trial judges of the service of a subpoena upon any witness who fails to attend or to remain in attendance in accordance with the requirements of the subpoena, and that a sufficient sum for his fees as a witness has been duly paid or tendered to him, and that the presence of such witness is material to the ends of justice, the trial judges may by their warrant, directed to any sheriff or officer of the court, or constable, cause such witness to be apprehended, and forth- with brought before them or any other judges who may there- after preside at such trial, to eive evidence. 5. In order to secure his presence as a witness, such witness may be taken on such warrant before the trial judges and detained in the custody of the person to whom the warrant is directed, or otherwise as the trial judges may order, until his presence as such witness is required, or, in the discretion of the said trial judges, he may be released on a recognizance with or 16-i without R.S., 1906. Compelling the attend- ance of witnesses. Examination. Securing the presence of reluctant witnesses. Warrant. Controverted Elections. Chap. 7. 13 without sureties conditioned for his appearance to give evidence. R.S., c. 9, s. 3S; 54-55 V., c. 20, s. 18; 3 E. VII., c. 12, s. 2. 46. ISTo person shall be excused from answering any ques- Witnesses tion put to him under this Act, touching or concerning; anv not to J b ? gxcusgq. from election, or the conduct of any person thereat, or in relation answering thereto, on the ground of any privilege, or that the answer to by . any such question will tend to criminate such person ; but no answer given by any person claiming to be excused on the ground of privilege, or that such answer will tend to criminate himself, shall be used in any criminal proceeding against any such person, other than an indictment for perjury, if the trial judges give to the witness a certificate that he claimed the right to be excused on the grounds aforesaid, and made full and true answers to their satisfaction. R.S., c. 9, s. 39. 47. The reasonable expenses incurred by any person in ap- Expenses of pearing to give evidence at the trial of an election petition Wltnesses - under this Act, according to the scale allowed to witnesses on the trial of civil actions in the superior courts in the same province, may be allowed to such person by a certificate under the hand of the trial judges or of the clerk of the court ; and such expenses, if the witness was called and examined by the trial judges, shall be deemed part of the expenses of provid- ing a court, and in other cases shall be deemed costs of the party H - d calling the witness, and shall be taxed against such party inter- ested in the trial of such petition, as the trial judges deter- mine. U.S., c. 9, s. 40. 48. The trial judges may, in their discretion, employ a Shorthand shorthand writer to take down the oral evidence given by wit- ™ ntcr nia - v , <• • • ii /• be employed nesseS at the trial of the petition ; and the expense of employ- to take down iug such shorthand writer shall be costs in the case. R.S., denefT' c. 9, s. 41. 49. On the trial of a petition under this Act complaining If the seat of an undue return and claiming the seat for anv person, the £, r p e ™ on respondent may give evidence to show that the eleetion of such not returned, person was undue in the same manner as if he had presented a petition complaining of ?ueh election. U.S., c. 9, s. 42. 50. If, on the trial of an election petition, claiming the Votes to be seat for any person, a candidate is proved to have been guilty, fn^erta'in by himself or by any person on his behalf of bribery, treating, cases. or undue influence with respect to any person who voted ;it such election, or if any person retained or employed for reward by or on behalf of such candidate, for all or any of the pur- poses of such election, as agent, clerk or messenger, "r in any other employment, is proved on such trial to have voted al -uch election, there shall, on the trial of such election petition, be struck off from the number of votes appearing to have been 165 given R.S., 1906. 14 Chap. 7. Controverted Elections. •Axon to sucli candidate, one vote for every person who voted at such election, and who is proved to have been so bribed, treated or unduly influenced, or so retained or employed for reward as aforesaid. 63-64 V., c. 12, s. 122. 51. If it is found by the report of the trial judges that any Corrupt Kida^or corrupt practice has been committed by a candidate at an his agent to election, or by his agent, whether with or without the actual oid election, ^^j^ an< j consent f sllcn candidate, the election of such candidate, if he has been elected, shall be void. 63-64 V., c. 12, s. 123. Employing 52. If, on the trial of an election petition, a candidate is has-been proved to have personally engaged any person at the election found guilty to which such petition relates, as a canvasser or agent in rela- praetices. tion to the election, knowing that such person so engaged has, within eight years previous to such engagement, been found guilty of any corrupt practice, by anv competent legal tribunal, or by the report of any judge or other tribunal for the trial of election petitions, the election of such candidate, if ho lias been elected, shall be void. 63-64 V., c. 12, s. 124. 53. The provisions of the three sections last preceding shall Effect of practices and i n n0 case a Pply to any acts done at any election other than the illegal acts election to which the petition refers, except as to the personal election. acts of the candidates, and the acts of their agents done with the knowledge and consent of the candidates. 63-64 V., c. 12, s. 125. Treating of 54. On the trial of an election, if it is proven that a can- ny^randT- didate corruptly by himself, or by or with any other person, date. or by any other ways or means on his behalf, at any time, either before or during the election, directly or indirectly gave or provided, or caused to be given or provided, or was accessory to the giving or providing, or paid wholly or in part any ex- penses incurred for, any meat, drink, refreshment or provision to or for any person, in order to be elected or for being elected, or for the purpose of corruptly influencing such person or any other person to give or refrain from giving his vote at such Votes to l>e election there shall be struck off from -the number of votes given struck off f or sucn candidate one vote for every person who has voted ontriril . . i/i. and is proved on such trial to have corruptly accepted or taken anv such meat, drink, refreshment or provision. 63-64 V., c. 12, s. 110. Effect of corrupt practices if proven. 55. If, on the trial of an election petition, it is proved that any corrupt practice has been committed by or with the actual knowledge and consent of a candidate at an election, or if such candidate is convicted before any competent court of bribery or undue influence, he shall be held guilty of corrupt practices, 166 and R.S., 1006. Controverted Elections. Chap. 7. 15 and his election, if he lias been elected, shall be void. 63-64 V., c. 12, s. 126. 56. If, on the trial of an election petition, the trial judges Candidate decide that a candidate at such election was guilty, by his agent exonerated in or agents, of any offence that would render his election void, ofcorraS 868 and further find, — practices by (a) that no corrupt practice was committed at such election ai by the candidate personally, and that the offences men- tioned were committed contrary to the order and without the sanction or connivance of such candidate; and. (b) that such candidate took all reasonable means for pre- venting the commission of corrupt practices at such elec- tion ; and, (c) that the offences mentioned were of a trivial, unimport- ant and limited character; and, (d) that in all other respects, so far as disclosed by the evi- dence, the election was free from any corrupt practice on the part of such candidate and of his agents; then the election of such candidate shall not, by reason of the offences mentioned, be void, nor shall the candidate be subject to any incapacity therefor. 51-55 V., c. 20, s. 19; 63-64 V., c. 12, s. 127. 57. If, on the trial of an election petition, a candidate is When per- found by the report of the trial judges, by himself or his agents, ^j? ? with his actual knowledge and consent, to have aided, abetted, tion. counselled or procured the commission at such election of the offence of personation by any person, his election, if he has been elected, shall be declared null and void. 63-61 V., c. 12, s. 128. judges' report. 58. At the conclusion of the trial, the trial judges shall Decision and determine whether the member whose election or return is com- £^1 judges! plained of or any and what other person was duly returned or elected, or whether the election was void, and other matters arising out of the petition, and requiring their determination, and shall, except in the case of appeal hereinafter mentioned, within four days after the expiration of eight days from the day on which they shall so have given their decision, certify in To be writing such determination to the Speaker, appending thereto | erti jied to a copy of the notes of evidence. 2. The determination thus certified shall be final to all in- tents and purposes. R.S., c. 9, s. 43. 59. Every certificate and every reporl senl to the Speaker Both j in pursuance of this Act shall be under the hands of both judges. '" "'- n • rcnort to 2. Tf the trial judges diner as to whether the member whose speaker, return or election is complained of was duly returned or elected. 167 thev RS.,,1906. 1G Chap. 7. Controverted Elections. Difference lict ween them to be certified. Idem. they shall certify that difference, and the member shall be deemed duly elected or returned. 3. If the trial judges determine that such member was not duly elected or returned, bu1 differ as to the vest of the deter- mination, they shall certify that difference, and the election shall be deemed to be void. 4. If the trial judges differ as to the subject of a report to the Speaker, they shall certify that difference and make no report on the subject on which they so differ. 54-55 V., c. 20, s. 17. Judges' go. When any charge is made in an election petition of any corrupt prac- corrupt practice having been committed at the election to -which Y'V.'r ^"' P^ition relates, the trial judges shall, in addition to such certificate, and at the same time, report in writing to the Speaker, — (a) whether any corrupt practice has or has not been proved to have been committed by or with the knowledge and con- sent of any candidate at such election, stating the name of such candidate, and the nature of such corrupt practice; (b) the names of any persons who have been proved at the trial to have been guilty of any corrupt practice; (c) whether corrupt practices have, or whether there is reason to believe that corrupt practices have, extensively prevailed at the election to which the petition relates; (d) whether they are of opinion that the inquiry into the circumstances of the election has been rendered incomplete by the action of any of the parties to the petition, and that further inquiry as to whether corrupt practices have exten- sively prevailed is desirable. R.S., c. 9, s. 44. Special re- 61. The trial judges may, at the same time, make a special fudgesfat report to the Speaker as to any matters arising in the course of their -lis the trial, an account of which ought, in their judgment, to be submitted to the House of Commons. E.S., c. 9, s. 45. eretion. Power of single judge. Special case be stated. Proceedings thereupon. 62. Except where otherwise expressly provided by this Act, any order, act, application or thing for the purpose of this Act may be made or done by, to or before a single judge. 54-55 V., c. 20, s. 17. SPECIAL CASE. 63. When, upon the application of any party to an election petition duly made to the trial judges assigned to hear the said petition, it appears to such judges that the case raised l>v the petition can be conveniently stated as a special case, such trial judges may direct the same to be so stated. 2. Any such special case shall, as far as possible, be heard before such judges, who shall thereupon give such judgment as to justice appertains; and in case the decision is final, the trial judges shall certify to the Speaker their decision on such 168 special U.S., 190P>. Controverted Elections. Chap. 7. 17 special case, in the manner and within the time hereinbefore provided in cases of election trials. U.S., c. 9, s. 49. APPEALS. 64. An appeal by any party to an election petition who Appeal to is dissatisfied with the decision shall lie to the Supreme Court ^JJt™ 6 of Canada from, — (a) the judgment, rule, order or decision on any prelimin- From judg- ary objection to an election petition, the allowance of which }jm° na ^ q^ objection has been final and conclusive and has put an end jections. to such petition, or which objection, if it had been allowed, would have been final and conclusive and have put an end to such petition : Provided that, unless it is otherwise Proviso. ordered, an appeal in the last-mentioned case shall not operate as a stay of proceedings, nor shall it delay the trial of the petition ; and, (b) the judgment or decision on any question of law or From judg- of fact of the judges who have tried such petition. R.S., questions of c. 9, s. 50. law or fact - 65. The party so desiring to appeal shall, within eight days Deposit in from the day on which the decision appealed from was given, appeal, deposit with the clerk of the court with whom the petition was lodged or with the proper officer for receiving moneys pair! into court, at the place where the hearing of the preliminary objections, or where the trial of the petition took place, as the case may be, if in the province of Quebec, and at the chief office of the court in which the petition was presented, if in any other province, in cases of appeal other than from a judg- ment, rule, order or decision on any preliminary objection, the sum of three hundred dollars, and in such last-mentioned cases, the sum of one hundred dollars, as security for costs, and also a further sum of ten dollars as a fee for making up and trans- mitting the record to the Supreme Court of Canada; and such deposit may be made in legal tender or in the bills of any chartered bank doing business in Canada. 54-55 V., c. 20, s. 12. 66. Upon such deposit being so made, the said clerk or other Transmission proper officer shall make up and transmit the record of the supreme l case to the Registrar of the Supreme Court of Canada, who Court. shall so! down the said appeal for hearing by the Supreme Court of Canada at the nearesl convenient time, and according to the rules of the Supreme Court of Canada in that behalf. R.S., c. 9, s. 51. 67. The party so appealing shall, within three day- after Preliminary ihe -aid appeal has been so set down as aforesaid or within proceedings • -I'll I '" iiPl'«-'i^l- sneh other time as the court or trial judges by whom such decision appealed from was given allow, give to the other pari i< to the said petition affected by such appeal, or the respective 169 attorneys, U.S., 1906. 18 Chap. 7. Controverted Elections. attorneys, solicitors or agents by whom such parties were represented on the hearing of such preliminary objections or at the trial of the petition, as the case may be, notice in writ- ing of such appeal having been so set down for hearing as aforesaid and may in such notice if he so desires, limit the subject of the said appeal to any special and defined question or questions. h PP j al *d be 2 * ^ ie a PI )ea l s ^ a ^ thereupon be heard and determined determined by the Supremo Court of Canada, which shall pronounce such Ck> S, t Preme i uc ^' mont "P 011 questions of law or of fact, or both, as in the opinion of such Court ought to have been given by the court or the trial judges whose decision is appealed from; and the Supreme Court of Canada may make such order as to the money deposited as aforesaid, and as to the costs of the appeal as it thinks just; and, in case it appears to the Court that any evi- dence duly tendered at the trial was improperly rejected, the Court may cause the witness to be examined before the Court or a judge thereof, or upon commission. R.S., c. 9, s. 51. Report in case of appeal by the trial judges. 68. If an appeal, as provided by this Act, is made to the Supreme Court of Canada from the judgment or decision of the trial judges, they shall make to the Supreme Court of Canada the report and certificate with respect to corrupt prac- tices hereinbefore directed to be made, and may make the special report as to any matters arising in the course of the trial as hereinbefore provided, and the same, together with the decision and findings, if any, with respect to corrupt prac- tices by agents hereinbefore provided for, shall form a part of the record in the said matter to be transmitted to the Supreme Court on such appeal. 54-55 V., c. 20, s. 14. Report to 69. The Registrar shall certify to the Speaker of the House by e the*Regi&- of Commons, the judgment and decision of the Supreme Court, trar. confirming, changing or annulling any decision, report or find- ing of the trial judges upon the several questions of law as well as of fact upon which the appeal was made, and therein shall certify as to the matters and things as to which the trial judges would have been required to report to the Speaker, whether they are confirmed, annulled or changed, or left un- affected by such decision of the Supreme Court; and such decision shall be final. 54-55 V., c. 20, s. 13. Speaker's duty on receiving cer- tificate. PROCEEDINGS OF SPEAKER UPON JUDGES REPORT. 70. The Speaker shall, at the earliest practicable moment after he receives the certificates and report or reports, if any, of the trial judges or the Supreme Court of Canada, give the necessary directions, and adopt all the proceedings necessary for confirming or altering the return, or, except as hereinafter mentioned, for the issuing of a writ for a new election, for which purpose the Speaker may address his warrant, under 170 his R.S., 1906.' Controverted Elections. Chap. 7. 19 his hand and seal, to the Clerk of the Crown in Chancery, or for otherwise carrying the determination into execution, as cir- cumstances require. U.S., c. 9, s. 46. 71. The Speaker shall, without delay, communicate to the To inform House of Commons the determination, report and certificate tlie House - of the trial judges or of the Supreme Court of Canada and his own proceedings thereon ; and, when the trial judges or the Supreme Court of Canada make a special report, the House i n case of of Commons may make such order in respect of such special *v QC ™} report. report as they think proper. R.S., c. 9, s. 47. 72. "When the trial judges or the Supreme Court of Canada if judges in their report on the trial of an election petition under this re P° rt cor- . J . ii. rupt prac- Acf, state that corrupt oractices have, or that there is reason to tices, and believe that corrupt practices have extensively prevailed at the f^o^ry election to which the petition relates, or that they are of opin- desirable, ion that the inquiry into the circumstances of the election has been rendered incomplete by the action of any of the parties to the petition, and that further inquiry as to whether corrupt practices have extensively prevailed is desirable, no new writ New writ, shall issue for a new election in such case except by order of the House of Commons. R.S., c. 9, s. 48. COSTS. 73. All costs, charges and expenses of and incidental to the Costs of pro- presentation of an election petition under this Act, and to the ceedin Rs . unncrthis proceedings consequent thereon, with the exception of such Act. costs, charges and expenses as are by this Act otherwise pro- vided for, shall be defrayed by the parties to or those opposing the petition, in such manner and in such proportions as the court or trial judges determine, regard being had to the dis- allowance of any costs, charges or expenses which, in the opin- ion of the court or trial judges have been caused by vexatious conduct, unfounded allegations or unfounded objections, on the part either of the petitioner or of the respondent, and regard being had to the discouragement of any needless ex- pense by throwing the burden of defraying the same on the parties by whom it has been caused, whether such parties are or are not on the whole successful. 2. The costs may be taxed in the prescribed manner, but Taxation of according to the same principles as costs are taxed between cost8 - parties in actions in the superior courts, and such costs shall be recoverable in the same manner as the costs in the said actions in the same province, or in such other manner as is prescribed. R.S., c. 9, s. 52. 74. Xo greater counsel fee or fees shall be taxed, as between Counsel fees party and party, in respect of or in connection with the trial, limited. if it does not last longer than one day, than fifty dollars, and. 171 when R.S., 1906. 20 Chap. 7. Controverted Elections. when the trial continues beyond one day, a sum not exceeding forty dollars for each additional day the trial continues, whether one or more counsel are engaged at the trial. ^ 0S . t J s , 2. Except as to such witness fees and other actual disburse- ments, in respect ol evidence taxable in ordinary actions be- tween party and party, as are allowed by the judgment or order of the court allowing or apportioning costs, no greater sum, including counsel fee, than three hundred dollars shall be taxed or taxable against either party as cost? in the cause. 54-55 V., c. 20, s. 15. Recovery of 75. If costs are awarded in favour of any party against costs against any petitioner, such party shall, after the expiration of thirty DGtltlOTlGr •/ A 7 .JT v * ■*• * out of days from the rendering of the decision by the trial judges, deposit. 01 ^ i n case £ an appeal, by the Supreme Court of Canada, upon the production of a certificate of taxation from the proper officer, be entitled to receive out of the deposit the amount taxed to him as aforesaid, if the aggregate of the costs taxed against the said petitioner, certificates whereof are within the said period of thirty days filed with the registrar, clerk or other proper officer, does not exceed the deposit. Or. if deposit 2. If the total amount of the said certificates so filed as afore- J ? 1I l su ^ fi " said exceeds the deposit, then such party shall be entitled to execution. recover out of such deposit his proportion thereof. Execution. 3. In the event last aforesaid, such party shall be entitled forthwith to issue execution, according to the practice in ordinary cases, against the petitioner's goods or lands, for the residue of the costs so taxed to him as aforesaid. U.S., c. 9, s. 53. Supreme 76. In appeals under this Act to the Supreme Court of adMg™tnat Canada, the said Supreme Court may adjudge the whole or any costs be paid part of the costs in the court below to be paid by either of the part by '" parties ; and any order directing the payment of such costs shall either party, be certified by the registrar of the Supreme Court of Canada to the court in which the petition was filed, and the same pro- ceedings for the recovery of such costs may thereupon be taken Recovery of [ n the last mentioned court as if the order for payment of costs 3ts ' had been made by that court or by the judges before whom the petition was tried. R.S., c. 9, s. 54. when agent 77. If, on the trial of an election petition under this Act, it to a pav e costs. 6 i s proved that any corrupt practice has been committed by an agent of the candidate without his knowledge or consent, or if it is determined that the election is void by reason of any act of an agent committed without the knowledge and consent of the candidate, and the trial judges are of opinion that costs should be awarded to the petitioner or other party alleging the corrupt practice, the agent may be condemned to pay such costs. Summons to 2. In such case the trial judges shall order that such agent agent. shall be summoned to appear at a time fixed in such summons, 172 in R.S., 1906. Controverted Elections. Chap. 7. 21 in order to determine whether such agent shall be condemned to pay such costs. 3. If, at any time so fixed, the agent so summoned does not if he does appear, he shall be condemned, on the evidence already adduced, not a PP ear - to pay the whole or a due proportion of the costs awarded to the petitioner or other party aforesaid ; and if he appears, the If he ap- court or the trial judges, after hearing the parties and such evi- P ears - dence as is adduced, shall give such judgment as to law and justice appertains. 4. The party to receive the costs shall have process to recover Process to such costs against such agent in like manner as he might have recover costs - such process against the respondent; and no process shall issue against the respondent to recover such costs, nor shall the sum be paid out of any money deposited as security until after the return of process against such agent. E.S., c. 9, s. 55; 54-55 V., c. 20, s. 20. WITHDRAWAL AND ABATEMENT OF ELECTION PETITIONS. 78. ISTo election petition under this Act shall be withdrawn Withdrawal without the leave of the court or trial judges, according as the ° b^bv 0113 petition is then before the court or before the trial judges, upon leave of the special application made in and at the prescribed manner, time judg e .° r and place. 2. No such application shall be made until the prescribed To be after notice has been given, in the electoral district to which the peti- tion relates, of the intention of the petitioner to make an appli- cation for the withdrawal of his petition. 3. On the hearing of the application for withdrawal, any Substitution person, who might have been a petitioner in respect of the elec- °. f a petl " tion to which the petition relates, may apply to the court or trial judges to be substituted as a petitioner for the petitioner so desirous of -withdrawing the petition. 4. The court or trial judges may, if it or they think fit, sub Additional stitute as petitioner any such applicant as aforesaid, and may bTordere I d ay also, if the proposed withdrawal is, in the opinion of the court in certain or trial judges, induced by any corrupt bargain or considera c tion, order that the security given on behalf of the original petitioner shall remain as security for any costs that may be incurred by the substituted petitioner, and that, to the extent of the sum named in such security, the original petitioner shall be liable to pay the costs of the substituted petitioner. 5. If no such order is made with respect to the security given if not on behalf of the original petitioner, security to the same amount ordered - as would be required in the case of a new petition, and subject to the like conditions, shall be given on behalf of the substituted petitioner before he proceeds with his petition, and within the prescribed time after the order of substitution. 6. Subject as aforesaid, a substituted petitioner shall stand Effect of in the same position, as nearly as may be, and be subject to the substltutlon - same liabilities as the original petitioner. 173 7. R.S., 1906. 22 Chap. 7. Controverted Elections. 7. If a petition is withdrawn, the petitioner shall be liable ers must* 1011 ^° P a ^ * ue cos ^ s °f the respondent, unless the court or trial join in with- judges otherwise order, and when there are more petitioners than one, no application to withdraw a petition shall be made except with the consent of all the petitioners. R.S., c. 9, s. 56. Report to Speaker if withdrawal is corrupt. 79. In every case of withdrawal of an election petition, under this Act, if the court or trial judges are of opinion that the withdrawal of such petition was the result of any corrupt arrangement or in considerate of the withdrawal of any other petition, the court or trial judges shall report such opinion to the Speaker, stating the reasons therefor and the circumstances attending the withdrawal. R.S., c. 9, s. 57. Abatement by death of petitioner. Costs. Notice of abatement. Substitution of new petitioner. By the court or trial judges. Abatement by death, etc., of respondent. Notice. Substitution of new respondent. 80. An election petition under this Act shall be abated by the death of a sole petitioner, or of the survivor of several peti- tioners. 2. The abatement of a petition shall not affect any liability for the payment of costs previously incurred. 3. On the abatement of a petition, the prescribed notice of such abatement having taken place shall be given in the elec- toral district to which the petition relates ; and, within the pre- scribed time after the notice is given, any person who might have beer? a petitioner in respect of the election to which the petition relates may apply to the court or trial judges, in the prescribed manner, and at the prescribed time and place, to be substituted as a petitioner. 4. The court or trial judges may, if it or they think fit, sub- stitute as a petitioner any such applicant who is desirous of being substituted, and on whose behalf security to the same amount is given as is required in the case of a new petition. U.S., c. 9, s. 58. 81. If, before or during the trial of an election petition under this Act, — (a) the respondent dies; (b) the House of Commons resolves that the respondent's seat is vacant ; (c) the respondent gives notice to the court or trial judges in and at the prescribed manner and time, that he does not intend to oppose or further to oppose the petition ; or, (d) the respondent is summoned to Parliament as a mem- ber of the Senate; notice of such event shall be given in the prescribed manner in the electoral district to which the petition relates. 2. "Within the prescribed time after the notice is given, any person who might have been a petitioner in respect of the election to which the petition relates, may apply to the court or trial judges to be admitted as a respondent to oppose the petition or so much thereof as remains undisposed of, and 174 such R.S., 1906. Controverted Elections. Chap. 7. 23 such person shall, on such application, be admitted accord- ingly to oppose such petition or such undisposed of portion thereof, either with the respondent, if there is one, or in place of the respondent ; and any number of persons, not exceeding three, may be so admitted. 3. If either of such events happens during the trial, the Adjournment trial judges shall adjourn the same, in order that notice that ° ' such event has happened may be given as herein provided; and the person or persons so admitted shall be subject to the Liability of same liability as the respondent with respect to any costs there- ° ew respon- after incurred. R.S., c. 9, s. 59. 82. Notwithstanding the abatement of a petition by reason -Disposal of of the death of the respondent, the court or trial judges may respondent make such order, not inconsistent with the provisions of this dies - Act, for the payment of costs previously incurred and for the payment out of court of any moneys deposited as security for costs, as to justice may appertain. 54-55 V., c. 20, s. 16. 83. A respondent who. has given the prescribed notice that Respondent \ c i i • • n °t opposing he does not intend to oppose or further oppose the petition, petition, shall not be allowed to appear or act as a party against such petition in any proceedings thereon, and shall not sit or vote in the House of Commons until the House has been informed of the report on the petition; and the court or trial judges shall, in all cases in which such notice has been given in the prescribed time and manner, report the same to the Speaker. R.S., c. 9, s. 60. 84. When an election petition under this Act complains Double of a double return, and the respondent has given notice in the respondent prescribed time and manner that it is not his intention to op- not opposing, pose the petition, and no party has been admitted, in pursuance of this Act, to oppose the petition, then the petitioner, if there is no petition complaining of the other member returned on such double return, may withdraw his petition, by notice ad- dressed to the prescribed officer, and upon such withdrawal, the prescribed officer shall report the fact to the Speaker, and the House of Commons shall, thereupon, give the necessary directions for amending the said double return, in such man- ner as the case requires. R.S., c. 9, s. 61. RULES OF OOUJ1T. 85. The judges of the court, or i majority of them, may, judges of from time to time, make, revoke and alter general rules and the , courts to orders, for the effectual execution of this Act and of the inten- tion and object thereof, and the regulation of the practice and procedure and costs with respect to election petitions and the trial thereof, and the certifying and reporting thereon. L75 2. R.S., 1906. 24 Chop. 7. ( 'oulroveiied Elections. Their effect. To be laid before the Rouse of Commons. Practice in - not provided for. 2. Any general rules and orders made as aforesaid, and not inconsistent with this Act, shall be deemed to be within the powers conferred by this Act, and shall, while unrevoked, be of the same force as if they were herein enacted; and shall be laid before the House of Commons within three weeks after they are made, if Parliament is then sitting, and if Parlia- ment is not then sitting, within three weeks after the begin- ning of the next session of Parliament. R.S., c. 9, s. 62. 86. Until rules of court have been made by the judges of the court in any province in pursuance of this Act, and so far as such rules do not extend, the principles, practice and rules on which election petitions touching the election of mem- bers of the House of Commons in England were, on the twenty-sixth day of May, one thousand eight hundred and seventy-four, dealt with, shall be observed so far as consistently with this Act they can be observed by the court and the judges thereof. R.S., c. 9, s. 63. GENERAL. Extension of time may be given. Travelling and other expenses. Who may practise in under this Act. 87. The court shall, upon sufficient cause being shown, have power, on the application of any of the parties to a petition, to extend, from time to time, the period limited by this Act, for taking any steps or proceedings by such party. R.S., c. 9, s. 64. 88. The travelling expenses of the trial judges, and all expenses incurred by the sheriff or other officer in consequence of any sitting for the trial of an election petition, and provid- ing a court room and accessories, shall be defrayed in like man- ner as ordinary travelling expenses of a judge in the province are payable by Canada. R.S., c. 9, s. 65. 89. Every person who, according to the law of the province in which the petition is to be tried, is entitled to practise as an attorney-at-law or solicitor, before the superior courts of such province, may practise as attorney, solicitor or agent, and any person who, according to such law, is entitled to practise as a l>;irrister-at-law or advocate before such courts, may practise as counsel, in the case of such petition, and all matters relating thereto, before the court or trial judges in such province. R.S., c. 9, s. 66. Provisions as 90. An election petition may be presented, and the trial of of offi^e^etc 6 an election petition under this Act shall be proceeded with, not- withstanding the acceptance by the respondent of an office of profit under the Crown, or the resignation of his seat, but the respondent may, notwithstanding anything in this or any other Act contained, accept office at any time after the election, sub- ject to the provisions of the House of Commons Act. R.S., c 9, s. 67. 176 91. R.S., 1906. Controverted Elections. Chap. 7. 25 91. All elections shall be subject to the provisions of this To wnat Act, and shall not be questioned otherwise than in accordance let applies/ 8 herewith. K.S., c. 9, s. 68. SUMMARY TRIAL OF CORRUPT PRACTICES AT ELECTIONS. 92. If, on the trial of an election petition relating to the !^ OIlfl f^~ election of a member of the House of Commons, it is determined the judges to that any person has been guilty of a corrupt practice, within the !* a J e comimt - meaning of this Act, or if, on such trial, there is in the opinion practices. of the trial judges sufficient evidence available that any person has been guilty of such corrupt practice as aforesaid to warrant his being put on his trial, the trial judges shall order that such person shall be summoned to appear at a time and place to be Summoned. fixed in such summons in order to be summarily tried for the offence, which shall be specified in the summons. 2. The time so fixed shall not be more than thirty days from the date of the summons, and the place shall be the nearest con- Trial, venient court house or other available room. R.S., c. 9, s. 69. 93. The trial judges may, by recognizance, bind such person May be to appear at the said time and place to be tried, and may, by bound by . , . i i ;1 . n ■/ / •/ recognizance recognizance, bind any person whom they consider necessary so to appear, to be examined touching the matter, to attend at the said time and place, .and give evidence upon the trial. 2. Any such recognizance shall be of the same effect, and any R forfeiture thereof shall be enforced in the like manner, and any ance, how refusal to enter into the 'same shall entail the same consequences, enforced - as if the recognizance had been given or required in any of the superior courts having criminal jurisdiction within the province in which the election was held. U.S., c. 9, s. 70. 94. No such summons, in respect of a corrupt practice, shall Provision, if be issued or prosecuted if it appears to the trial judges that a offender has criminal prosecution for the same matter against the same per- tried. son has been tried before the issue of the summons. U.S., c. 9, s. 84. 95. Upon the issue of any such summons, any criminal Pending prosecution pending in any other court in respect of the same e^ved"* 1011 matter shall be stayed. U.S., c. 9, s. 85. 96. The trial judges shall, forthwith after the issue of such issue of summons report to the Secretary of the province in which the summons to election was held, for the information of the Lieutenant Gover- by judges, nor, and also to the Secretary of State of Canada, for the in- formation of the Governor General, the fact of the issuing thereof. R.S., c. 0, s. 71. 97. The county attorney, or other officer on whom, in case Witnesses to the person had been charged with an indictable offence, the like besummoned 12 177 duty R.S., 1906. 26 Chap. 7. Controverted Elections. and by whom. duty would have devolved, shall subpoena to attend at the trial the witnesses who, at the trial of the election petition, deposed to any facts material to the charge, and such other witnesses as he thinks requisite to prove the charge. U.S., c. 9, s. 72. Counsel for 98. The At tornev (ieneral of Canada shall instruct counsel to assist the local authorities in the due prosecution of the accused. R.S., c. 9, s. 73. Failure of accused to appear. 99. If the accused, being duly served a reasonable time before the time fixed for the trial, or being bound by recogniz- ance to appear to be tried, fails to appear at the time and place fixed for the trial, the trial may be proceeded with in his absence. R.S., c. 9, s. 74. Summary trial and judgment, and before whom. 100. One of the trial judges, or, if neither of them is able to attend, then, at the request of the trial judges or one of them, some judge competent under this Act to sit on the trial of an election petition for any district of the province within which the electoral district in question is situate, or one of the judges of a superior court having criminal jurisdiction with- in such province, shall, without a jury and in a summary man- ner, try the accused, and shall, after hearing the counsel for the prosecution and also, if the accused is present, such ac- cused or his counsel, and also such evidence as is adduced on either side, give such judgment as to, law and justice apper- tains. R.S., c. 9, s. T."». Reception of judge. 101. The judge trying the accused shall be received and attended at the trial in the same manner, as far as circumstances admit, as if a sitting were being held of the provincial court of which he is a member. R.S., c. 9, s. 76. Expenses of 102. The travelling expenses of the judge trying the how payable accused, and any expenses necessary incurred by the sheriff or other officer in connection with the trial, shall he defrayed out of any moneys provided bv Parliament for the purpose. K.S., c. 9, s. 77. Judge's court 103. The judge trying the accused shall be, for all the If record° Urt purposes °f tne tr ^ anc ^ tne Proceedings connected therewith, or relating thereto, a court of record, and shall, subject to the provisions of this Act, have the same powers, jurisdiction and authority as a judge sitting in any superior court having cri- minal jurisdiction within the province; and the record of any Record of sllcn case sna ^ De ^' ( '^ * n ^ ie s;m "' manner as indictments trial to be among and as a part of the records of such superior court. filed - K.S., c. 9, s. 78. 178 104. R.S., 1906. Controverted Elections. Chap. 7. 27 104. Witnesses shall be summoned or subpoenaed and sworn Summoning in the same manner, as nearly as circumstances admit, as in *" wftnesses. 8 cases in a superior court having criminal jurisdiction within the province. U.S., c. 9, s. 79. 105. Any witness, summoned or subpoenaed to attend and ^tnesses . , i • i i i c • i i bound to give evidence at the trial, whether tor or against the accused, attend and shall be bound to attend, and remain in attendance throughout j lve ev1 ' the whole trial; and if he fails so to do, he shall be held guilty of contempt of court and may be proceeded against therefor accordingly. R.S., c. 9, s. 80. 106. Upon proof to the satisfaction of the summary trial Proceedings court of the service of the subpoena upon any witness who witnesses fails to attend, and that the presence of such witness is mate- the^rde^of rial to the ends of justice, the summary trial court may, by its the court, warrant, cause such witness to be apprehended and forthwith brought before it to give evidence and to answer for his dis- regard of the subpoena ; and such witness may be detained on such warrant before the summary trial court or in the common gaol with a view to secure his presence as a witness, or in the discretion of the summary trial court he may be released on a recognizance with or without sureties conditioned for his appearance to give evidence and to answer for his default in not attending as for a contempt. 2. The summary trial court may, in a summary manner Fine and examine into and dispose of the charge of contempt against such nient^for witness, who, if found guilty thereof, shall be liable to a fine contempt, not exceeding one hundred dollars or to imprisonment for a term not exceeding ninety days, with or without hard labour, or to both. R.S., c. 9, s. 81. 107. In case of conviction of a corrupt practice the offender Punishment shall be sentenced to imprisonment in the common gaol for a °f convicted. term not exceeding three months, with or without hard labour, and to a fine not exceeding two hundred dollars and to pay the costs of the prosecution which shall be taxed by the proper officer under the direction of the summary trial court; ami. if the s;iii-« »\ i^i. »n- of this Ad I'm r Offender not any such corrupl practice -hall be subject to be otherwise *2Ja e twice criminally prosecuted in respeel of the same matter ; but nothing in this section contained shall affeel any disqualifi- Proviso as to cation imposed on such person under the operation of any [(^ u,x statute. R.S., e. 9, s. 86. 12^ 179 SCRUTINY R.S., 1906. 38 Chap. 7. Controverted Elections. SCRUTINY IN PRINCE EDWARD ISLAND. Petition may 110. In the province of Prince Edward Island a petition to demand under this Act complaining of an undue or improper election for scrutiny or return of any candidate may, if presented not later than twenty days after the day of publication in the Canada Gazette of the receipt of the return to the writ of election by the Clerk of the Crown in Chancery, be limited to a demand for a scrutiny of the votes polled at such election and which have been marked ' objected to ' ; and in case such petition is so limited, no other questions as to the undue return shall, in the proceedings under such petition for a scrutiny, be entered upon, excepting- the scrutiny and determination of the validity of such objected votes properly brought before the court for its determination. 63-64 V., c. 13, s. 1. Rules of court. 111. The judges of the court in Prince Edward Island, or a majority of them, may make all such rules and regulations as may be necessary to effectually carry out the provisions for a scrutiny and to ensure a proper scrutiny of all objected votes polled for any candidate at the election, properly brought before them for scrutiny and adjudication, and to this end may pre- scribe the times within which the names of the voters whose votes have been challenged and objected to shall be given by the petitioner to the candidate declared elected and by the latter to the petitioner, and such other particulars as they deem proper for the trial and determination of such scrutiny. 63-64 V., c. 13, s. 2. Decision of 112. At the close of such scrutiny the trial judges shall confirm or amend the return of the returning officer as they adjudge and determine, and declare which candidate has been duly elected ; and such confirmation or amended return shall be certified by them to the Clerk of the Crown in Chancery, or to the Speaker of the House of Commons, and shall take the place of, and be substituted for, the return of the returning officer; and such trial judges shall make such order as to the costs as they think proper. 63-64 V., c. 13, s. 3. Rights saved. 113. The filing of such limited petition for a scrutiny shall in no way affect or prejudice the right of any voter to file and prosecute any other election petition on any other ground under this Act. 63-64 V., c. 13, s. 4. 180 SCHEDULE R.S., 1906. Controverted Elections. Chap. 7. 29 SCHEDULE. (Form of Affidavit on Production of Boohs and Papers.) In the {name of court) Election for holden on the day of A.D. I, of make oath and say : — 1. That I have in my possession or power the documents relating to the matters in question set forth in the first and second parts of the first schedule hereto annexed ; 2. I object to produce the said documents set forth in the second part of the said first schedule; 3. (State upon what grounds objection is made, and verify the facts as far as may be) ; 4. I have had, but have not now, in my possession or power the documents relating to the matters in question set forth in the second schedule hereto annexed; 5. The last mentioned documents were last in my possession or power on (state when) ; 6. (State what has become of the last mentioned documents, to whom they have been given, and in whose possession they now are) ; 7. According to the best of my knowledge, remembrance, information and belief, I have not now, and never had in my own possession, custody or power, or in the possession, custody or power of my agents or attorneys, agent or attorney, or in the possession, custody or power of any other person on my behalf, any deed, account, book of accounts, minutes, voucher, receipt, letter, memorandum, paper or writing, or any copy of or extract from any such document or other document whatever, relating to the matters in question, or any of them, or wherein any entry has been made relative to such matters, or any of them, other than and except the documents set forth in the first and second schedule hereto annexed. Sworn, &c. (Annex the schedules mentioning the documents in question.) R.S., c. 9, sch. OTTAWA: Printed by Samuel Edward Dawson. Law Printer to tlie King's most Excellent Majesty. 181 R.S., 1906. CHAPTER 8. An Act respecting inquiries as to Corrupt Practices at Elections of Members of the House of Commons. SHORT TITLE. 1. This Act may be cited as the Corrupt Practices Inquiries Short title. Act. INTERPRETATION. 2. Iii this Act, unless the context otherwise requires, — Definitions. (a) i election ' means an election of a member of the House of Commons of Canada ; (b) l elector ' means a person entitled to vote at such elec- tion. COMMISSION OF INQUIRY. 3. Whenever the House of Commons, by address represents Upon to the Governor General,— iw^of (a) that a judge in his report on the trial of an election Commons, petition under the Dominion Controverted Elections Act, states that corrupt practices have, or that there is reason to believe that corrupt practices have extensively prevailed at the election, or that he is of opinion that the inquiry into the circumstances of the election has been rendered incomplete by the action of any of the parties to the peti- tion, and that further inquiry as to whether corrupt prac- tices have extensively prevailed is desirable; or, (b) that a petition has been, within the time specified in the section next following, presented to the House of Com- mons, signed by any twenty-five or more electors of the district, stating that no petition charging the existence of corrupt practices baa been presented under the Dominion Controverted Elections Act, and that corrupt practices have, or thai there is reason to believe thai corrupl prac- tices have extensively prevailed at the election; and by such address prays the Governor General to cause inquiry to be made under this Act, — (c) by one or more judges of the Supreme Court of ( lanada ; or, (d) by one or more judges competent under the Dominion Controverted Elections Act to try an election petition i n 183 the R.S., 1906. Chap. 8. Corrupt Practices Inquiries. Commis- sioners. Petition to House of Commons. Declaration annexed. Death or resignation of one of the commis- sioners. Power of surviving commis- sioner. the province within which the district in question is situate ; or, (e) by one or more barristers-at-law or advocates of not less than seven years' standing, and not holding any office or place of profit under the Crown, or by one or more county court judges, named in such address; the Governor General may appoint one or more of the persons named or referred to in such address to be a commissioner or commissioners for the purpose of making inquiry into the ex- istence of such corrupt practices. R.S., c. 10, s. 1. 4. Such petition shall be presented to the House of Com- mons, — (a) within sixty days after the publication in the Canada Gazette, of the notice of the return of the writ of election by the Clerk of the Crown in Chancery, if Parliament is sitting at the expiry of such sixty days; or, (b) if Parliament is not then sitting, within the first four- teen days of the session then next ensuing. R.S., c. 10, s. 1. 5. Every such petition shall have annexed thereto a declara- tion under the Canada Evidence Act, by the petitioners, stat- ing that they are electors of the district and that the allegations of the petition are true to the best of their knowledge and belief. R.S., c. 10, s. 1. 6. In case of the appointment of more than one commis- sioner and any of the commissioners so appointed die, resign or become incapable to act, any remaining commissioner or com- missioners may act in such inquiry as if he or they had been solely appointed. R.S., c. 10, s. 1. 7. All the provisions of this Act as to any inquiry there- under shall apply to such remaining commissioner or commis- sioners as if no other commissioner or commissioners had been originally appointed, and also to any person originally appointed sole commissioner. R.S., c. 10, s. 1. Deposit of $1,000. Certificate. Deposit. DEPOSIT. 8. The person or persons presenting a petition to the House of Commons under this Act, shall deposit with the accountant of the House the sum of one thousand dollars. 2. There shall be attached to the said petition, on its pre- sentation, a certificate given under the hand of the said ac- countant, certifying that the said deposit of one thousand dollars has been duly made. 3. The House of Commons shall not receive such petition unless such deposit has been made. R.S., c. 10, s. 15. 184 OATII R.S., 1906. Corrupt Practices Inquiries. Chap. 8. 3 OATH BY COMMISSIONERS. 9. Every commissioner shall, before acting as such, take an Commission- oath in the form following, that is to saj: — ' I, A. B., do swear offi c ° ath of that I will truly and faithfully execute the powers and trusts vested in me by the Corrupt Practices Inquiries Act, according to the best of my knowledge and judgment. So help me God.' E.S., c. 10, s. 2. 10. Every such oath shall be taken before a judge of the Before whom Supreme Court of Canada or before a judge competent to try a en " an election petition for any district of the province within which the district in question is situate. E.S., c. 10, s. 2. SECRETARY AND CLERKS TO COMMISSION. 11. The commissioners may appoint a secretary and so Secretary to many clerks, messengers and officers as are thought necessary an( j Jerks 1 by the Minister of Justice for the purpose of conducting the inquiry to be made by them. 2. The remuneration of such persons shall be fixed by the Remunera- Governor in Council. U.S., c. 10, s. 3. tion - DUTIES AND POWERS OF COMMISSIONERS. 12. The commissioners shall, upon their appointment or Proceedings within a reasonable time afterwards, from time to time, hold gi on e™ miS meetings for the purposes of the inquiry at some convenient place within the district or within ten miles thereof, and may adjourn such meetings from time to time, and from place to place, within the district or within ten miles thereof, as to them seems expedient. U.S., c. 10, s. 4. 13. The commissioners shall give notice of their appoint- Notice, ment and of the time and place of holding their first meeting by publishing the same in two newspapers in general circulation in the district or the neighbourhood thereof. U.S., c. 10, s. 1. 14. The commissioners shall not adjourn the inquiry for any Adjourn- period exceeding one week, without the approbation of the Min- ments and ister of Justice, and may, with the approbation of the said sittings. Minister, hold meetings for the purposes of deliberation, in the capital city of the province within which the district is situate. or in the city of Ottawa, and adjourn the same, from time to time, as they deem proper. R.S., c. 10, s. 1. 15. The commissioners may, by a summons under their Power to hands and seals, or under the hand and seal of any one of them. summon and examine require the attendance before them, at a place and at any reason- witnesses. able time specified in the summons, of any person whose evi- dence they may think material to the aubject-matter of the in- 185 quirv. * R.S., 1906. Chap. 8. Corrupt Practices Inquiries. quiry, and require any person to bring before them such books, papers, deeds and writings as appear necessary for arriving at the truth of the matters to be inquired into, of ^Ttnesses ~ - "^ suc ^ P ersons ? upon the service on them of any such 3ummons, shall attend the commissioners, as required by such summons, and shall answer all questions put to them by the commissioners touching the matters to be inquired into, and shall produce all books, papers, deeds and writings required, of them and in their custody or under their control according to the tenor of the summons. R.S., c. 10, s. 7. Service of 16. Anv such summons may be served on any person bv the summon** ' */ x «• delivery of a copy of the same to him or by leaving such copy at his usual place of abode. R.S., c. 16, s. 10. Punishment 17. [f ;mv person on wlnun a summons has been served, obedience to fails to appear before the commissioners at the time and place summons. specified, any one of the commissioners, if they are judges of any of the courts hereinbefore referred to, and any court of which any one of them is a member, may proceed against the person so failing in the same manner as if he had failed to obey any writ of subpoena, or any process lawfully issuing from the court to which such judge belongs, or from such judge. U.S., c. 10, s. 10. If commis- sioners are not judges. Refusal to answer or produce papers, etc. Duty of officers of justice. 18. If the commissioners are not such judges, they may certify such default of appearance under their hands and seals, or under the hand and seal of any one of them, to any judge competent to sit at the trial of an election petition under the Dominion Controverted Elections Act, in the province within which the district in question is situate, or to the court of which such judge is a member, and such court or judge shall proceed against such person in manner aforesaid. R.S., c. 10, s. 10. 19. If any person so summoned refuses to be sworn or to make answer to any question put to him by the commissioners holding any such inquiry touching the matters in question, or to produce and show to such commissioners any papers, books, deed-, or writings in his possession or under his control, which such commissioners deem necessary to be produced, or if any person is guilty of any contempt of the commissioners, or their office, the commissioners shall have the same powers, to be exercised in the same way, as any such court or judge, under like circumstances arising in the course of proceedings in an election petition under the said Act might, by law, exercise in that behalf. R.S., c. 10, s. 10. 20. All officers concerned in the administration of justice shall give their aid and assistance in matters within the scope of their duty to the commissioners in the execution of their office. R.S.,c. 10, s. 10. 186 . 21. R.S.,1906. Corrupt Practices Inquiries. Chap. 8. 5 21. The commissioners or one of them shall administer an Swearing of oath or an affirmation, where, an affirmation would be per- Wltnesses - mitted in a court of justice, to every person examined before them. U.S., c. 10, s. 8. 22. The commissioners may, if they deem fit, award to any Witness witness summoned to appear before them, a reasonable sum for fees - travelling expenses and maintenance, according to a scale which shall be fixed by the Governor in Council, and they shall certify to the Minister of Justice the name of any such witness and the sum awarded. R.S., c. 10, s. 11. 23. The commissioners shall, by all such lawful means as to Duties of them appear best, with a view to the discovery of the truth, commission- inquire into the manner in which the election, or, if the report or petition has referred to two or more elections, the latest of such elections, has been conducted, and whether any corrupt practices have been committed at such election, and, if so, the nature and particulars of such corrupt practices. E.S., c. 10, s. 5. 24. If the commissioners find that corrupt practices have inquiry may been committed at the election into which thev are authorized extend to , , , ,.,... ^ . , former to inquire, they may make the like inquiries concerning the election. latest previous election, and so, in like manner, from election to election as far back as they think fit. 2. If, upon inquiry concerning any election, they do not Not if no find that corrupt practices have been committed thereat, the corrupt . . i it • • • i practices, commissioners shall not inquire concerning any previous elec- tion. R.S., c. 10, s. 5. WITNESS NOT EXCUSED FROM ANSWERING. 25. When any witness answers every question relating to witness not the matters aforesaid which he is required to answer, and the exc used from , . , . . ' , . . , . answering, answer to which may criminate, or tend to criminate him, he shall be entitled to receive from the commissioners, under their hands, a certificate stating that he was, upon his examin- ation, required by them to answer one or more questions relating to the matters aforesaid, the answer or answers to which crimin- ated, or tended to criminate him, and had answered every Buch question. R.S., c. 10, s. 9. 26. No statement made by any person in answer to any statements question put by the commissioners shall, except in the case of not admis- an indictment for perjury, be admissible in evidence in any other 'pro- legal proceeding. E.S., c. 10, s. 9. ceedings. 27. If any information, indictment or penal action is at Kff ec t of any time after an inquiry pending in any court againsl such certificate. witness in respect of any corrupl practices committed by him 1.87 previously R.S., 1906. 6 Chap. 8. Corrupt Practices Inquiries. previously to the time of his giving his evidence, at any election concerning which he has been so examined, the court shall, on production and proof of such certificate, stay such proceedings, and may, in its discretion, award to him any costs to which he has been put. E.S., c. 10, s. 9. Report to Governor. Particulars. REPORTS. 28. The commissioners shall, from time to time, report to the Governor General the evidence taken and what they find concerning the premises. R.S., c. 10, s. 5. 29. The commissioners shall report with respect to each election the names of all persons whom they find to have been guilty of any corrupt practice thereat, with the particu- lars thereof, and all other things whereby in their opinion the truth may be better known touching the premises. R.S., c. 10, s. 5. Submitted to Parliament. 30. Every such report shall be submitted to Parliament, — (a) within fourteen days after such report is made, if Par- liament is sitting at the expiration of the said period of fourteen days; or, (b) if Parliament is not then sitting, within fourteen days from the time of the next meeting of Parliament after such report is made. R.S., c. 10, s. 6. Proceedings on report. PROCEEDINGS ON REPORT. 31. Whenever it appears by the report of the commissioners under this Act that any person named by them has been guilty of a corrupt practice and has not been furnished by them with a certificate of indemnity, such report with the evidence taken by 1 lie commissioners, shall be laid before the Attorney General of Canada, who shall, if in his opinion there is sufficient evid- •<■ available for a prosecution, certify such opinion to the Secretary of State, who shall thereupon communicate the report with the evidence to the Lieutenant Governor of the province in which the election was held. U.S., c. 10, s. 14. Proceedings 32. The Attorney General of Canada shall instruct counsel quence? to assist in any prosecution* which is thereon instituted by the local authorities charged with the administration of justice. U.S., c. 10, s. 14. GENERAL. Application 33. Whenever, by the report of the commissioners appointed it petidon'er 7 to investigate and inquire into the matters set forth in such fails. petition, it appears that the petition was not well founded, and that corrupt practices had not extensively prevailed within the electoral district referred to in the petition, 188 at E.S., 1906. Corrupt Practices Inquiries. Chap. 8. 7 at the election referred to therein, the sum of one thousand dollars deposited as aforesaid or so much thereof as is required for the purpose, shall be applied to pay the expenses of the in- quiry, and the balance remaining, after paying such expenses, shall be paid to the person or persons who made such deposit. R.S., c. 10, s. 16. 34. "Whenever, by the report of the commissioners appointed Return of to investigate and inquire into the matters set forth in such peti- succeeds. * tion, it appears that the petition was well founded and that corrupt practices had extensively prevailed within the electoral district referred to in the petition, at the election referred to therein, the said sum of one thousand dollars shall be paid back to the person or persons who deposited the same. R.S., c. 10, s. 17. 35. Every commissioner shall, after having made his report, Statement of lay before the Governor in Council a statement of the number pWel^t of days he has actually been engaged in connection with the commission, inquiry together with an account of his travelling or other expenses. R.S., c. 10, s. 12. 36. The Governor in Council may order the payment of Payment of the necessary expenses of any inquiry under this Act; and expenses 7 every commissioner not being a judge shall be paid at the con- clusion of the inquiry, besides his travelling and other expenses, such sum as is fixed by the Governor in Council. U.S., c. 10, s. 12. 37. Any payment by this Act authorized shall be made out Out of what of any moneys provided by Parliament for that purpose. R.S., un 8 c. 10, s. 12. 38. The commissioners shall have such and the like pro- Protection lection and privileges in case of any action brought against them for any act done or omitted to be done in the execution of their duty, as are given by any Act in force to justices of the peace acting in the execution of their office. R.S., c. 10, s. 13. i of commis- sioners. OTTAWA: Printed by Samuel Edward DAWSON, Law Printer to the King's most Excellent Majesty. 189 R.S., 1906. CHAPTER 9. An Act to Disfranchise Voters who have taken Bribes. SHORT TITLE. 1. This Act may be cited as the Disfranchising Act. Short title. INTERPRETATION. 2. In this Act, unless the context otherwise requires, — Definitions. (a) ' voter ' means any person whose name is upon any voters' list in force under the provisions of the Dominion Elections Act, or any person entitled to vote at an election of a member of the House of Commons, or who has voted at such an election ; (b) ' clerk of the court ' has the same meaning' as it has in the Dominion Controverted Elections Act. 57-58 V., c. 14, s. 19. CONSTITUTION OF COURT. 3. In each province, the court which, under the Dominion Court in each Controverted Elections Act, has power, jurisdiction and author- province, ity, with reference to election petitions therein, shall be held to be and is hereby constituted a court for the purposes of this Act. 57-58 V., c. 14, s. 1. 4. The several officers of the court for the trial of con- officers of troverted elections shall be, respectively, officers of the court c °urt. constituted by this Act. 57-58 V., c. 14, s. 4. PROCEDURE. 5. Whenever on a day, not less than forty days and nol Petition of more than sixty .lays after the day on which an election i s electors for held under the Dominion Elections Act, ;i petition, in the alleged form or to the effeel sel out in and signed in conformity with , ' ri, ' , : rv at * * (Moot ions tne provisions of the next following section, has been presented to tlie court, stating thai bribery has extensively prevailed at the election, th< urt, it' satisfied from the affidavits produced that such bribery lias been so practised al such election, shall, within thirty days, assign one of it- judges for the purpose of making inquiry under this A.ct. 57-58 V.. e. L4, s. 2. r.H 6. R.S.. L906. Chop. 9. Disfranchising of Voters. Form of petition. Name and address. Affidavit. To be annexed. 6. Such petition may be in form A in the schedule to this Act, and shall be signed by five voters or more of the electoral district where the election has been held. ■2. Each voter signing the same shall add to his name his postal address. 3. All the petitioners shall make affidavit in the form B of the schedule to this Act, stating that they are such voters and that the allegations in the petition are true to the best of their knowledge and belief. 4. Such affidavit shall be annexed to the petition. 57-58 V., c. 14, s. 2. Deposit of 7. No petition under this Act shall be received unless the 81 •° 00 ' sum of one thousand dollars is deposited therewith, to be applied under the direction of the court, in defraying the expenses of the inquiry. 57-58 V., c. 14, s. 17. Presentation 8. The presentation of a petition shall be deemed to be of petition. complete upon j ts b e i n g i e f t ^ together with the deposit aforesaid, with the clerk of the court. 57-58 V., c. 14, s. 17. No petition 9, Notwithstanding anything in this Act, where in any tT^npetftTon electoral district an election petition has been filed under the pending. Dominion Controverted Elections Act, no petition shall be filed under this Act, until such election petition has been abandoned or disposed of. 57-58 V., c. 14, s. 21. 10. The judges of the court shall, if the same is not pre- scribed by law or the practice of the court, arrange the rotation or order in which any duties assigned by this Act to a single judge shall be performed by the judges of the court respectively. 57-5S V., c. 14, s. 3. Rotation of judges. Rules of court. Of same force as Act. Appearance of solicitors and counsel. 11. The judges of every court constituted for the purposes of this Act, or a majority of them, may, from time to time, make, revoke and alter general rules and orders, for the effectual execution of this Act and of the intention and object thereof. 2. Any general rules and orders so made and not incon- sistent with this Act shall be deemed to be within the powers conferred by this Act, and shall be of the same force as if they were herein enacted. 3. Such rules shall include regulations respecting the ap- pearance of solicitors and counsel, and the several parties who may take part in the inquiry and be represented thereat. 57-58 V., c. 14, s. 7. Holding of inquiry. 12. The judge shall, upon his appointment, or within a reasonable time thereafter, from time to time hold meetings for the purposes of the inquiry, at some convenient place within the electoral district, and may adjourn such meetings from 192 time R.S., 1906. Disfranchising of Voters. Chap. 9. 3 time to time and from place to place within the said electoral district. 2. The clerk of the court shall give notice of the time and No .^J5 e to place of holding the first meeting by mailing such notice to each of the electors who have signed the petition, at least four- teen days before the first meeting is held. 57-58 V., c. 14, s. 5. 13. It shall be the duty of the judge to endeavour, by all P l > tv o( lawful means, to ascertain the persons who have taken bribes at the last election. 57-58 V., c. 14, s. 6. 14. Every voter shall be held to have taken a bribe within Taking a the meaning of this Act who, before or during any election, n ete ne ' directly or indirectly, himself or by any other person on his behalf, receives, or agrees, or contracts for, any money, gift, loan or valuable consideration, for voting or agreeing to vote, or for refraining or agreeing to refrain from voting at any election or, who, after any election, directly or indirectly, him- self or by any other person on his behalf, receives any money or valuable consideration for having voted or refrained from voting. 57-58 V., c. 14, s. 16. 15. All persons duly summoned shall attend and answer Attendance all questions put to them touching the matters to be inquired of witnesses. into, and shall produce all books, papers, deeds and writings required of them and in their custody or under their control. 57-58 V., c. 14, s. 8. 16. The evidence shall be taken under oath. 57-58 V., Evidence . _ under oath. c. 14, s. 9. 17. The judge sitting in such inquiry shall be a court of Court record. record. 57-58 V., c. 14, s. 10. 18. The presentation of the petition shall be prima facie Evidence of evidence of the allegations therein, except as to the allegation alle K atlons - that bribery prevailed at the election. 57-58 V., c. 14, s. 11. 19. All witnesses shall be entitled to be paid, in the first Witnesses' instance, by the party by whom they are summoned, fees or e conduct money as in an ordinary action in the court. 2. The judge shall allow the fees of all material witnesses out of the money in court, if the same have not already been paid to such witnesses. 57-58 V., c. 14, s. 12. FINDING AND REPORT. 20. The finding or decision in respect to any voter shall Juy t Any person who is a defendant in any civil or criminal on proof that , . J r , , . *> .. the publica- proceedings commenced or prosecuted m any manner ior or tl0 d w £ s on account of or in respect of the publication of any report, authority of paper, votes or proceedings, by such person or by his servant, judge*" shall 86, by or under the authority of the Senate or House of Commons, stay pro- may bring before the court in which such proceedings are so commenced or prosecuted, or before any judge of the same, first giving twenty-four hours' notice of his intention so to do to the prosecutor or plaintiff in such proceedings, or to his attorney or solicitor, a certificate under the hand of the Speaker or Clerk of the Senate or House of Commons, as the case may be, stating that the report, paner, votes or proceedings, as the case may be, in respect whereof such civil or criminal proceed- ings have been commenced or prosecuted, , was or were published by such person or by his servant, by order or under the authority of the Senate or House of Commons, as the case may be, together with an affidavit verifying such certificate. 2. Such court or judge shall thereupon immediately stay such civil or criminal proceedings, and the same and every writ or process issued therein shall be and shall be deemed and taken to be finally put an end to, determined and super- seded by virtue of this Act. R.S., c. 11, s. 6. Stay of pro- 8. If any civil or criminal proceedings are commenced or prooTof ° n prosecuted for or on account or in respect of the publication correctness of any copy of such report, paper, votes or proceedings, the defendant, at any stage of the proceedings, may lay before the court or judge, such report, paper, votes or proceedings, and such copy with an affidavit verifying such report, paper, votes or proceedings, and the correctness of such copy. 2. The court or judge shall thereupon immediately stay such civil or criminal proceedings, and the same and every writ or process issued therein, shall be and shall be deemed to be finally put an end to, determined and superseded by virtue of this Act. R.S., c. 11, s. 7. What proof 9. In any civil or criminal proceedings commenced or prose- on^raeraf cuted for printing any extract from or abstract of any such issue in report, paper, votes or proceedings, such report, paper, votes or publishing proceedings may be given in evidence, and it may be shown that 198 such R.S., 1906. ■i Senate and House of Commons. Chap. 10. 3 such extract or abstract was published bona fide and without extracts, etc , malice, and, if such is the opinion of the jury, a verdict of not e tc. guilty shall be entered for the defendant. R.S., c. 11, s. 8. INDEPENDENCE OF PARLIAMENT. Members of the House of Commons. 10. Except as hereinafter specially provided, — (a) no person accepting or holding any office, commission or No person employment, permanent or temporary, in the service of the holding any Government of Canada, at the nomination of the Crown, emolument or at the nomination of any of the officers of the Govern- " nder the ment of Canada, to which any salary, fee, wages, allow- ance, emolument, or profit of any kind is attached ; and, (b ) no sheriff, registrar of deeds, clerk of the peace, or Nor any county crown attorney in any of the provinces of Canada, s u e n lfi ji etc '' shall be eligible as a member of the House of Commons, or shall member, sit or vote therein. R.S., c. 11, s. 9. 11. Nothing in the next preceding section shall render Exception ineligible any person holding any office, commission or employ- 1^,,^. with- ment, permanent or temporary, in the service of the Govern- out a salary, ment of Canada, at the nomination of the Crown, or at the nomination of any of the officers of the Government of Canada, as a member of the House of Commons, or shall disqualify him from sitting or voting therein, if, by his commission or other instrument of appointment, it is declared or provided that he shall hold such office, commission or employment without any salary, fees, wages, allowances, emolument or other profit of any kind, attached thereto. R.S., c. 11, s. 9. 12. Nothing in this Act contained shall render ineligible, Further ex- as aforesaid, any person holding the office of President of the Members of Privy Council, Minister of Finance, Minister of Justice, Minis- Privy Coun- ter of Militia and Defence, Secretary of State, Minister of the c erta i n ir Interior, Minister of Railways and Canals, Minister of Public offices. Works, Postmaster General, Minister of Agriculture, Minister of Inland Revenue, Minister of Customs, Minister of Marine and Fisheries, Minister of Trade and Commerce or Solicitor General, or any office which is hereafter created, to bo held by a member of the King's Privy Council for Canada and entitling him to be a Minister of the Crown, or shall disqualify any such person to sit or vote in the House of Commons, if he is elected while he holds such office and is not otherwise disqualified. R.S., c. 11, s. 9 ; 50-51 V., c. 10, s. 1, and c. 14, ss. 1, 3. 13. Whenever any person holding the office of President of ^ i embers of the Privv Council, Minister of Finance, Minister of Justice, 1 ! ,v >' Coun ' Minister of Militia and Defence, Secretary of State Minister ra ( e offices of the Interior, Minister of Railways and Canals. Minister <>f and accept 199 Public R.S., 1906. 4 Chap. 10. Senate and House of Commons. another with- p u kli c "Works, Postmaster General, Minister of Agriculture, without D va- Minister of Inland Revenue, Minister of Customs, Minister eating their f Marine and Fisheries, Minister of Trade and Commerce or Solicitor General, or any office which is hereafter created, entitling him to be a Minister of the Crown, and being at the same time a member of the House of Commons, resigns his office, and, within one month after his resignation, accepts any of the said offices, he shall not thereby vacate his seat, unless the administration of which he was a member has resigned, and a new administration has been formed and has occupied the said offices. U.S., c. 11, s. 9 ; 50-51 V., c. 10, s. 1, and c. 14, s. 4. No contract- or, etc., with the Govern- ment to be a member. 14. No person, directly or indirectly, alone or with any other, by himself or by the interposition of any trustee or third party, holding or enjoying, undertaking or executing any con- tract or agreement, expressed or implied, with or for the Government of Canada on behalf of the Crown, or with or for any of the officers of the Government of Canada, for which any public money of Canada is to be paid, shall be eligible as a member of the House of Commons, or shall sit or vote in the said House. R.S., c. 11, s. 10. Member be- coming dis- qualified to vacate his seat. 15. If any member of the House of Commons accepts any office or commission, or is concerned or interested in any con- tract, agreement, service or work which,. by this Act, renders a person incapable of being elected to, or of sitting or voting in the House of Commons, or knowingly sells any goods, wares or mer- chandise to, or performs any service for the Government of Canada, or for any of the officers of the Government of Canada, for which any public money of Canada is paid or to be paid, whether such contract, agreement or sale is expressed or implied, and whether the transaction is single or continuous, the seat of such member shall thereby be vacated, and his election shall thenceforth be null and void. R.S., c. 11, s. 12. Penalty on person dis- qun lifted sitting and voting. How recover- able. As to acts done in recess. 16. If any person disqualified or by this Act declared incapable of being elected to, or of sitting or voting in the House of Commons, or if anv person duly elected, who ha3 become disqualified to continue to be a member or to sit or vote, under the last preceding section of this Act, nevertheless sits or votes, or continues to sit or vote therein, he shall thereby forfeit the sum of two hundred dollars for each and every day on which he so sits or votes. 2. Such sum shall be recoverable from him by any person who sues for the same in any court of competent civil juris- diction in Canada. U.S., c. 11, s. 13. 17. The three sections of this Act next preceding shall extend to any transaction or act begun and concluded during a recess of Parliament. R.S., c. 11, s. 14. 200 18. R.S., 1906. Senate and House of Commons. Chap. 10. 5 18. In every; contract, agreement or commission to be made, Clause in all entered into or accepted by any person with the Government contract* 611 * of Canada, or any of the departments or officers of the Govern- ment of Canada, there shall be inserted an express condition, that no member of the House of Commons shall be admitted to any share or part of such contract, agreement or commission, or to any benefit to arise therefrom. 2. In case any person, who has entered into or accepted, Penalty for or who shall enter into or accept any such contract, agree- tj^ 1 ^ 611 " ment or commission, admits any member or members of the House of Commons to any part or share thereof, or to receive any benefit thereby, every such person shall, for every such offence, forfeit and pay the sum of two thousand dollars, recover- able with costs in any court of competent jurisdiction by any person who sues for the same. U.S., c. 11, s. 16. 19. This Act shall not extend to disqualify any person as Further a member of the House of Commons by reason of his being, — exceptions. (a) a shareholder in any incorporated company having a Shareholder contract or agreement with the Government of Canada, °^* com " except any company which undertakes a contract for the building of any public work; or, (b) a person on whom the completion of any contract or Persons on agreement, expressed or implied, devolves by descent or tracts de- limitation, or by marriage, or as devisee, legatee, executor volve, etc. or administrator, until twelve months have elapsed after the same has so devolved on him ; or, ( c) a contractor for the loan of money or of securities for Lenders of the payment of money to the Government of Canada Government. under the authority of Parliament, after public com- petition, or respecting the purchase or payment of the public stock or debentures of Canada, on terms common to all persons ; or, ( d) an officer of the militia, or militiaman, not receiving Militiamen. any salary or emolument out of the public money of Canada, except his daily pay when called out for drill or active service, or annual or other allowances of any kind prescribed by the Militia Act, or fixed or prescribed by the Governor in Council under the provisions of the Militia Act, or sums paid for enrolment, and any pay or remunera tion allowed him for the care of arms or for drill instruc- tion. R.S., c. 11, ss. 15, 17; 4-5 E. VII., c. 43, s. 1. Members of the Senate. 20. ~No person, who is a member of the Senate, shall directly Members or indirectly, knowingly and wilfully be a party to or be con- to become cerned in anv contract under which the public money of Canada interested . ,■ c * in public IS to be paid. money. 2. If any person, who is a member of the Senate, knowingly Penalty for and wilfully becomes a party to or concerned in any such con- ™ n n 201 tract, B.S., 1906 6 Chap. 10. Senate and House of Commons. Recovery. tract, he shall forfeit the sum of two hundred dollars for each and every day during which he continues to be such party or so concerned. 3. Such sum may be recovered from him by any person who sues for the same, in any court of competent jurisdiction in Canada. Exception: 4. This section shall not render any senator liable for such members of penalties, by reason of his being a shareholder in any incorpor- companiea ated company, having a contract or agreement with the Govern- ment of Canada, except any company which undertakes a contract for the building of any public work. R.S., c. 11, s. 18. Member not to accept fee for services in any par- liamentary proceeding. Penalties. Offering fee to member. Penalty. Members of the Senate and of the House of Commons. 21. No member of the Senate or of the House of Commons shall receive or agree to receive any compensation, directly or indirectly, for services rendered, or to be rendered, to any person, either by himself or another, in relation to any bill, proceeding, contract, claim, controversy, charge, accusation, arrest, or other matter before the Senate or the House of Com- mons, or before a committee of either House, or in order to influence or to attempt to influence any member of either House. 2. Every member of the Senate offending against this sec- tion shall be liable to a fine of not less than one thousand dollars and not more than four thousand dollars; and every member of the House of Commons offending against this section shall be liable to a fine of not less than five hundred dollars and not more than two thousand dollars, and shall for five years after conviction of such offence be disqualified from being a member of the House of Commons, and from holding any office in the public service of Canada. 3. Any person who gives, offers, or promises to any such member any compensation for such services as aforesaid, ren- dered or to be rendered, is guilty of an indictable offence, and liable to one year's imprisonment and to a fine of not less than five hundred dollars and not more than two thousand dollars. 6 E. VII., c. 49, s. 1. Limitation of suits. LIMITATION OF ACTIONS. 22. No person shall be liable to any forfeiture or penalty imposed by this Act, unless proceedings are taken for the recovery thereof within twelve months after such forfeiture or penalty has been incurred. R.S., c. 11, s. 19. EXAMINATION OF WITNESSES. Oath to 23. The Senate or the House of Commons may administer witnesses at an q^^ £ an y witness examined at the bar of the Senate or of the said House. 57-58 V., c. 16, 202 24. R.S., 1906. Senate and House of Commons. Chap. 10. 7 24. The Senate or the House of Commons may at any time Ordinary order witnesses to be examined on oath before any committee. unc j er oath 1 57-58 V., c. 16, s. 4. 25. Any committee of the Senate or of the House of Com- Administra- mons may administer an oath to any witness examined before by^o°m- 0ath such committee. 57-58 V., c. 16 3 s. 3. mittee. 26. Where any witness to be examined under this Act Affirmation, conscientiously objects to take an oath, he may make his solemn affirmation and declaration. 57-58 V., c. 16, s. 6. 27. Any solemn affirmation and declaration so made shall Fo ™ and be of the same force and effect, and shall entail the same affirmation, consequences, as an oath taken in the usual form. 57-58 V.. c. 16, s. 6. 28. Every such oath or affirmation shall be in the forms Form. A and B respectively in the schedule to this Act. R.S., c. 11, s. 23. 29. Any person examined as aforesaid who wilfully gives Perjury, false evidence shall be liable to the penalties of perjury. 57-58 V., c. 16, s. 5. 30. Anv oath or affirmation under this Act may be admin- Persons to • , ji " administer istered by, — oaths . (a) the Speaker of the Senate or of the House of Commons ; (b) the chairman of any committee of the Senate or House of Commons ; or, (c) such person or persons as may from time to time be appointed for that purpose, either by the Speaker of the Senate or by the Speaker of the House of Commons, or 'by any standing or other order of the Senate or House of Commons respectively. 57-58 V., c. 16, s. 7. speakers' salaries. 31. The following salaries shall be payable, respectively: — Salaries of (a) To the Speaker of the Senate, the sum of four thousand Speakers, dollars per annum; (b) To the Speaker of the House of Commons, the sum of four thousand dollars per annum. R.S., c. 11, s. 24. indemnity. 32. For every session of Parliament which extends beyond Members' thirty days, there shall be payable to each member of the Senate and House of Commons attending at such session a sessional allowance of two thousand five hundred dollars and no more. 4-5 E. VII., c. 43, s. 2. 203 33. R.S., 1906. 8 Chap. 10. Senate and House of Commons. af°owance n for ***** ^ member shall not be entitled to the said sessional less than allowance for less than thirty-one days' attendance ; but his davs y ° ne allowance for any less number of days shall be twenty dollars for each day's attendance. 4-5 E. VII., c. 43, s. 4. How indemnity shall be payable. 34. The said allowance may be paid on the last day of each month, to the extent of ten dollars for each day's attendance, but the remainder shall be retained by the clerk or accountant of the proper House, until the close of the session, when the final payment shall be made. 4-5 E. VII., c. 43, s. 5. Deductions for non- attendance 35. A deduction at the rate of fifteen dollars per day shall be made from such sessional allowance, for every day beyond fifteen on which the member does not attend a sitting of the House of which he is a member, if the House sits on such day: Provided that in the case of a member elected or appointed after the commencement of a session, no day of the session previous to such election or appointment shall be reckoned as one of such fifteen days, attendant ° f ^' Each day during the session on which there has been no sitting of such House in consequence of its having adjourned over such day, or on which the member is in the place where the session is held but is by reason of his illness unable to attend any such sitting as aforesaid, shall be reckoned as a day of attendance at such session, for the purposes of the indemnity; and a member shall, for the said latter purpose, be held to be in the place where the session is held whenever he is within ten miles of such place. 62-63 V., c. 12, s. 1 ; 4-5 E. VII., c. 43, s. 9 ; 6 E. VII., c. 48, s. 1. Regular militia camp- ing days not com- puted. Attendance for part of any session provided for. Member for 30 days or less. Members elected or appointed to other House during ses- sion. K.S., 1906. 36. In the calculation of any deduction from any member's sessional allowance on account of absence, days which were spent by such member on duty with his corps in a regularlv organized militia camp or in travelling between Ottawa and such camp shall not be computed. 62-63 V., c. 12, s. 2. 37. Whenever any person is a member of either House for more than thirty days during any session, though such person may be a member for a part only of such session, he shall be entitled to his sessional allowance, subject to the deduc- tion aforesaid for non-attendance as a member, and subject also to a deduction of fifteen dollars for each day of such session before he was elected or appointed, or after he ceased to be a member, as the case may be. 2. If he is a member for only thirty days, or less, he shall be entitled only to twenty dollars for each day's attendance at such session, whatever is the length thereof. 3. A member of either House for a part only of a session, who becomes during the session a member of the other House, shall not be entitled to more than two thousand five hundred dollars for the session. 4-5 E. VII., c. 43, s. 6. 204 38. Senate and House of Commons. Chap. 10. 9 38. In each session of Parliament of not more than thirty Session of days' duration there shall be allowed to each member of the thirty days - Senate and House of Commons attending at such session twenty dollars for each day's attendance. 4-5 E. VII., c. 43, s. 2. 39. To the member occupying the recognized position of Leader of leader of the Opposition in the House of Commons, there ^Commons, shall be payable an additional sessional allowance of seven thousand dollars. 4-5 E. VII., c. 43, s. 2. 40. Eor each session of Parliament, there shall also be Travelling allowed to each member of the Senate and of the House of ex P enses - Commons his actual moving or transportation expenses, and reasonable living expenses while on the journey between his place of residence and Ottawa, going and coming, once each way. 2. No such allowance shall be made for travelling outside Outside of of Canada, except from one point in Canada to another by any Canada - direct route. 3. Any member residing at a greater distance than four Commuta- hundred miles from Ottawa may commute such allowance for travelling travelling and living expenses, receiving in lieu thereof an allowance, allowance of fifteen dollars per day for each day necessarily occupied in the journey between his place of residence and Ottawa, going and coming, once each way, the day of departure and the day of arrival being counted each as a full day. 6 E. VII., c. 48, s. 2. 41. For each session of Parliament, at the end of each Statement of month and at the end of the session, each member shall furnish a the Clerk of the House of which he is a member with a state- ment, signed by him, of the number of days' attendance during the month or session, as the case may be, for which he is entitled to the said allowance, and, in case days are included on which the member has failed to attend by reason of illness, setting forth that fact and that his absence was due to such illness and was unavoidable. 2. Every member applying for an allowance for travelling statement in and living expenses shall furnish the Clerk of the House of ^th^ 10 " which he is a member with a statement, signed by him, of his travelling actual moving or transportation expenses, and of his living allowance - expenses, as provided for in the last preceding section, and, if the member has elected to commute such allowance under the last preceding section, a statement of the time necessarily occupied in his journeys to and from Ottawa, as provided by that section. 3. Upon the said statements being certified by the Clerk, and Statements sworn to by the member before the accountant or assistant ^d sworn accountant of the House or any pers^r 1 authorized to take arfi- to before davits, the Clerk of the Senate or tLo Accountant of the House payment - 205 of R.S., 1906. 10 Chap. 10. Seriate and House of Commons. of Commons shall pav to the member the allowance to which he is entitled. 6 E. VII., c. 48, s. 3. t U ffis granted 4 ^' There is hereby granted to His Majesty, out of any Majesty for unappropriated moneys forming part of the Consolidated thfs P Act ° f R ( ' v< ' m,(1 Fund of Canada, an annual sum sufficient to enable His Majesty to pay the amount of the sessional allowances hereinbefore mentioned. 52 V., c. 10, s. 1. T ended* as to ^" ^ moneys expended under this Act, in respect of the House of House of Commons, shall be expended and , accounted for in Commons. ^ same ma nner as moneys for defraying the contingent expenses of the House of Commons are to be expended and accounted for under the House of Commons Act. 52 V., c. 10, s. 1. And as to Senate. Credits on banks of Canada. Clerk to apply therefor. 44. Credits for all sums voted by Parliament and payable in respect of allowances to members of the Senate as herein- before provided, and in respect of other expenditure for the service of the Senate, shall issue from time to time. 2. Such credits shall issue on one of the banks of Canada in favour of the Clerk of the Senate and the assistant account- ant of the Senate, or such other persons as the Speaker of the Senate from time to time designates for the purpose. 3. Such Clerk shall from time to time apply for such credits as he deems necessary, by an order signed by him. 52 V., c. 10, s. 1. SCHEDULE. Form A. The evidence you shall give on this examination shall be the truth, the whole truth and nothing but the truth. So help you God. U.S., c. 11, form A. Form B. I, A. B., do solemnly, sincerely and truly affirm and declare that the taking of any oath is according to my religious belief unlawful, and I do also solemnly, sincerely and truly affirm and declare, etc. 57-58 V., c. 16, s. 6. OTTAWA: Printed by Samuel Edwakd Dawson, Law Printer to the King's most Excellent Majesty. 206 E.S., 1906. CHAPTER 11. An Act respecting the House of Commons. SHOKT TITLE. 1. This Act may be cited as the House of Commons Act. Short title. DISQUALIFICATIONS OF MEMBERS. 2. ISTo person who, on the day of the nomination at any elec- Members of lftiisli tur resigns his seat in such legislature, and notifies the Speaker of the House of Commons of such resignation. U.S., c. 13, s. 3. 4. If any person who is by this Act declared ineligible as .1 Penalty fur member of the House of Commons, or incapable of sitting or eligible voting therein, so sits or votes, he shall forfeit the sum of two "tt? 11 * or thousand dollars for every day he sits or votes. '207 R.S., L906 Chap. 11. House of Commons. Recovery. 2. Such sum rnay be recovered by any person who sues for the same, by action in any form allowed by law in the province in which the action is brought, in any court having jurisdiction. E.S., c. 13, s. 4. RESIGNATION OF MEMBERS. Member may resign his seat ; how. Warrant for new writ of election. Entry in journals. Proceedings when a mem- ber wishes to resign and there is no Speaker or he himself is Speaker. Warrant for election writ. Seat vacant. 5. Any member of the House of Commons may resign his seat, — (a) by giving, in his place in the House, notice of his inten- tion to resign, in which case, and immediately after such notice has been entered by the Clerk on the journals of the House, the Speaker shall forthwith address his warrant, under his hand and seal, to the Clerk of the Crown in Chancery, for the issue of a writ for the election of a new member in the place of the member resigning; or, (b) by addressing and causing to be delivered to the Speaker a declaration of his intention to resign his seat, made in writing under his hand and seal before two witnesses, which declaration may be so made and delivered either during a session of Parliament, or in the interval between two sessions, in which case the Speaker shall, upon receiving such declaration, forthwith address his warrant, under his hand and seal, to the Clerk of the Crown in Chancery, for the issue of a writ for the election of a new member in the place of the member so resigning ; and in either case a writ shall issue accordingly. 2. An entry of the declaration so delivered to the Speaker shall be thereafter made in the journals of the House. U.S., c. 13, s. 5. 6. If any member of the House of Commons wishes to resign his seat in the interval between two sessions of Parliament, and there is then no Speaker, or, if the Speaker is absent from Canada, or, if such member is himself the Speaker, he may address or cause to be delivered to any two members of the House the declaration before mentioned of his intention to resign. 2. Such two members, upon receiving such declaration, shall forthwith address their warrant, under their hands and seals, to the Clerk of the Crown in Chancery for the issue of a new writ for the election of a member in the place of the member so notifying his intention to resign, and such writ shall issue accordingly. U.S., c. 13, ss. 6, 8. 7. Any member tendering his resignation in any manner hereinbefore provided, shall be held to have vacated his seat and shall cease to be a member of the House. R.S., c. 13, ss. 5, 6. 208 8. R.S., 1906. House of Commons. Chap. 11. 8. JSTo member shall tender his resignation while his election Not to re- is lawfully contested, or until after the expiration of the time s f n wHen during' which it may by law be contested on other grounds than contested. corruption or bribery. R.S., c. 13, s. 7. VACANCIES. 9. If any vacancy happens in the House of Commons by Vacancy by the death of anv member, or bv his accepting; any office, the dea th or ac- speaker, on being informed oi such vacancy by any member ot office, the House in his place, or by notice in writing under the hands and seals of any two members of the House, shall forthwith address his warrant to the Clerk of the Crown in Chancery for the issue of a new writ for the election of a member to fill the vacancy; and a new writ shall issue accordingly. R.S., c. 13, s. 8. 10. If, when such vacancy happens, or at any time there- if there is no after, before the Speaker's warrant for a new writ has issued. Speaker or there is no Speaker of the House, or if the Speaker is absent r member is from Canada, or if the member whose seat is vacated is him- himself the s#lf the Speaker, then, any two members of the House may address their warrant, under their hands and seals, to the Clerk of the Crown in Chancery, for the issue of a new writ for the election of a member to fill such vacancy; and such writ shall issue accordingly. R.S., c. 13, s. 8. 11. A warrant may issue to the Clerk of the Crown in Vacancy oc- Chancery for the issue of a new writ for the election of a mem- purring be- ber of the House of Commons to fill any vacancy arising sub- men t meets sequentlv to a general election, and before the first meeting of ;,fter ^ , *■ v c? / o general elec - Parliament thereafter, by reason of the death or acceptance of tion. office of any member. 2. Such writ may issue at any time after such death or When writ acceptance of office. 3. The election to be held under such writ, shall not in anv Effect of manner affect the rights of any person entitled to contest the e octu,n - previous election. 1. The report of any judge appointed to try such previous Report of election, or of the Supreme Court of Canada, in case of an appeal, shall determine whether the member who has so died or ( ourt. accepted office, or any other person was duly returned or elected thereat. 5. The determination, if adverse to the return of such mem- Effect of de- ber, and in favour of any other candidate, shall avoid the dee termination, tion held under this section, and the candidate declared duly elected at the previous election shall he entitled to take his seat as if no such subsequent election had been held. K.S.. c. 13, •s. 9. 14 209 INTl i:\al R.S., 1906. Chap. 11. Htnise of Commons. In case of dissolution, Speaker to act until another i> I'llOMMI. INTERNAL ECONOMY. 12. The person who fills the office of Speaker at the time nf any dissolution of Parliament, shall, for the purpose of the following provisions <>f this Act, be deemed to be the Speaker until a Speaker is chosen by the new Parliament. U.S., c. 13, s. 10. Speaker and 13. The Governor in Council shall appoint four members of Commission- ^ le Ki n 8'' s Privy Council for Canada, who are also members ers to act. "f the House of Commons, who, with the Speaker of the House of Commons, shall be Commissioners for the purposes of this and the four next following sections. 2. The names and offices of such Commissioners shall be communicated by message from the Governor in Council to the House of Commons, in the first week of each session of Parlia- ment. . 3. Three of the Commissioners, whereof the Speaker of the House of Commons shall be one, may carry the said pro- of death visions into execution ; and in the event of the death, disability, or absence or absence from Canada of the Speaker during any dissolution or prorogation of Parliament, any three of the Commissioners may carry the said provisions into execution. R.S., c. 13, s. 11. How ap pointed. Quorum. Estimate to be made by the Clerk. 14. An estimate shall annually be prepared by the Clerk of the House of Commons of the sums which will probably be required to be provided by Parliament for the payment of the indemnity and the actual moving or transportation expenses of members, and of salaries, allowances and contingent expenses of the House, and of the several officers and clerks thereof under his direction, during the fiscal year. 2. The Serjeant-at-Arms of the House of Commons shall annually prepare an estimate of the sums which will probably be required to be provided by Parliament for the payment of salaries or allowances of the messengers, door-keepers and ser- vants of the House under his direction, and of the contingent expenses under his direction, during such year. 3. Such estimates shall be submitted to the Speaker for his approval, and shall be subject to such approval and to such alterations as the Speaker considers proper. 4. The Speaker shall thereupon prepare an estimate of the sums requisite for the several purposes aforesaid, and shall sign the ~;une. 5. Such several estimates of the Clerk, Serjeant-at-Arms and Speaker shall be transmitted by the Speaker to the Minister of Finance for his approval, and shall be laid severally before the House of Commons with the other estimates for the year. R.S., c. 13, s. 12. Money pay- 15. All sums of money voted by Parliament upon such able for estimates or payable to members of the House of Commons, members r •> , 210 under U.S., 1906. And by the Serjeant-at- arms. To be sub- mit ted to • Speaker. Speaker to prepare an nate. Estimates to be submitted to Minister of Finance. House of Commons. Chap. 11. 5 under the Senate and House of Commons Act, shall be subject indemnity to the order of the Commissioners, or any three of them, of order^com- whom the Speaker shall be one. 52 V., c. 11, s. 1. missioned. 16. Credits for all the sums mentioned in the next preced- Credits to ing section shall issue from time to time according to the lssue- directions of the Commissioners. 2. The Speaker shall appoint an officer for that purpose who ^PP°intment shall be called the Accountant of the House of Commons. ant. 3. The credits shall issue on one of the banks of Canada in Credits in favour of the Accountant and his assistant, or of such two officers as the Commissioners from time to time designate. 4. The Commissioners shall from time to time apply for Advances of such credits as they deem necessary for that purpose in favour Accountant. of the said Accountant and his assistant, or of the other officers designated by them, by an order signed by the Speaker and two others of the Commissioners. 52 V., c. 11, s. 1. 17. The officers in whose favour the credit is given shall Officers to_ give such security and in such form for the faithful perform- glve secunt y- ance of their respective duties as the Commissioners require. 52 V., c. 11, s. 1. OFFICERS. 18. If any complaint or representation is at any time made Inquiry, to the Speaker for the time being of the misconduct or unfit- ness of any clerk, officer, messenger or other person attendant on the House of Commons, the Speaker may cause an inquiry to be made into the conduct or fitness of such person. 2. If thereupon it appears to the Speaker that such person Suspension has been guilty of misconduct, or is unfit to hold his situation, the Speaker may, if such clerk, officer, messenger or other person has been appointed by the Crown, suspend him and report such suspension to the Governor General, and, if he has not been appointed bv the Crown, suspend or remove him. R.S., c. 13, s. 16. 19. The Clerk of the House of Commons shall subscribe and Oath of take before the Speaker the oath of allegiance, and all other officers, clerks and messengers of the House of Commons shall subscribe and take before the Glerk of the House of Commons the oath of allegiance. 2. Tlu> Clerk of the House of Commons shall keep a register Registry, of all such oaths. E.S., c. 13, s. 1Y. OTTAWA: Printed by Samuel Edward Dawson, Law Printer to the King's most Excellent Majesty. 14 1 , 211 R.S., : CHAPTER 12. An Act respecting the Speaker of the Senate. 1. This Act may be cited as the Speaker of the Senate's Act. Short title. 2. Whenever the Speaker of the Senate, from illness or other Provision for cause, finds it necessary to leave the chair during any part of ijjjjf and r S the sittings of the Senate on any day, he may call upon any leaving the senator to take the chair and preside as Speaker during the c iair- remainder of such day, unless he himself resumes the chair before the close of the sittings for that day. 57-58 V., c. 11, s. 1. 3. Whenever the Senate is informed by the Clerk at the Provision for table of the unavoidable absence of the Speaker, the Senate ^senee of may choose any senator to preside as the Speaker during such Speaker, absence, and such senator shall thereupon have and execute all the powers, privileges and duties of Speaker, until the Speaker himself resumes the chair, or another Speaker is appointed by the Governor General. 57-58 V., c. 11, s. 2. 4. Everv act done bv any senator, acting as aforesaid, shall Validity of ■ i rr i i- t , • c i i -i i j i a °t s done in have the same effect and validity as if the act had been done by Sl]c h cases, the Speaker himself. 57-58 V., c. 11, s. 3. OTTAWA: Printed bv Samuel Edward Dawson, Law Printer to the King's most Excellent Majesty. 213 R.S., 1906. CHAPTER 13. An Act respecting the Speaker of the House of Commons. 1. This Act may be cited as the Speaker of the House of Sh ° r t title. Commons Act. 2. Whenever the Speaker of the House of Commons, from Speaker leav- illness or other cause, finds it necessary to leave the chair in g l \ e chair - during any part oi the sittings oi the said House, on any day, preside. he may call upon the Chairman of Committees, or, in his absence, upon any member of the House, to take the chair and to act as deputy speaker during the remainder of such day, unless he himself resumes the chair before the close of the sittings for that day. R.S., c. 14, s. 1. 3. Whenever the House is informed by the clerk at thejn unavoid- table of the unavoidable absence of the Speaker, the Chairman & \ ] % at) sence of Committees, if present, shall take the chair and shall perform Chairman of the duties and exercise the authority of speaker in relation to f °™™ lttees all the proceedings of the House, until the meeting of the House on the next sitting day, and so on from day to day on the like information being given to the House until the House other- wise orders : Provided that if the House adjourns for more Proviso, than twenty-four hours, the deputy speaker shall continue to perform the duties and exercise the authority of speaker for twenty-four hours only after such adjournment. R.S., c. 14, 4. If, at any time during a session of Parliament the Validity of Speaker is temporarily absent from the House, and a deputy ^"fjie deputy speaker thereupon performs the duties and exercises the speaker in authority of speaker, as hereinbefore provided, or pursuant to c the standing orders or other order, or a resolution of the House, every act done and proceeding taken in or by the House in the exercise of its powers and authority, shall be as valid and effectual as if the Speaker himself was in the chair. U.S., c. 14, s. 3. 5. Every act done, and warrant, order or other document Mem. issued, signed or published by such deputy speaker in relation *215 to R.S., 1906. Chap. 13. Speaker of the House of Commons. to any proceedings of the House of Commons, or which under any statute would be done, issued, signed or published by the Speaker if then able to act, shall have the same effect and validity as if the same had been done, issued, signed or pub- lished by the Speaker for the time being. R.S., c. 14, s. 3. OTTAWA: Printed by Samuel Edward Dawson, Law Printer to the King's most Excellent Majesty. 216 Ii.S., 1906. CHAPTER 14. An Act respecting the Library of Parliament. 1. This Act may be cited as the Library of Parliament Act. Short title - 2. All books, paintings, maps, and other effects in the joint B °oks, etc., possession of the Senate and House of Commons of Canada. Majesty. or which are hereafter added to the existing collection, shall be vested in His Majesty, for the use of both Houses of Parlia- ment, and shall be kept in a suitable portion of the Parliament buildings appropriated for that purpose. U.S., c. 15, s. 1. 3. The direction and control of the Library of Parliament, Administra- and of the' officers and servants connected therewith, shall be vested in the Speaker of the Senate and the Speaker of the House of Commons for the time being, assisted, during each session, by a joint committee to be appointed by the two Houses. R.S., c. 15, s. 2. 4. The Speakers of the two Houses of Parliament, assisted Regulations. by the joint committee, may, from time to time, make such orders and regulations for the government of the Library, and for the proper expenditure of moneys voted by Parliament for the purchase of books, maps or other articles to be deposited therein, as to them seem meet, subject to the approval of the two Houses of Parliament. R.S., c. 15, s. 3. 5. The officers and servants of the Library of Parliament Officers and Shall Consist of,— servants. (a) two officers, one of whom shall be called the General Librarian, and the other of whom shall be called the Par- liamentary Librarian, which officers shall be appointed by joint commission, under the Great Seal, as librarians of Parliament, and shall each have the rank of a deputy head of a department, and equal powers as respects the control and management of the Library; (b) two first-class clerks; (c) two second-class clerks; (d) three third-class clerks ; ( e) one chief messenger ; (f) three messengers. 217 2. K.S., 190G. Chap. 14. Library of Parliament. Appoint- 2. All such officers and servants shall be appointed by the Snure and Governor in Council, and shall hold office during pleasure. R.S., c. 15, s. 4: 3 E. VII., c. 32, s. 1. Salaries. Idem. Idem. Hoav paid. Responsi- bilities of officers and servants. Stationery. 6. The salary of each officer so appointed by joint com- mission shall be three thousand five hundred dollars per annum, with an annual increase of one hundred dollars up to a maxi- mum of four thousand dollars per annum. 2. The salary of the chief messenger shall be such sum not exceeding seven hundred dollars as the Governor in Council directs. 3. The salaries of the other officers and of the servants of the Library shall be fixed from time to time by the Governor in Council, according to the scale of salaries provided for in any Act or Acts at the time in force relating to the Civil Service. R.S., c. 15, s. 5 ; 3 E. VII., c. 32, s. 1. 7. The salaries of the officers and servants of the Library of Parliament, and any casual expenses connected therewith, shall be paid out of moneys provided by Parliament for that purpose. U.S., c. 15, s. 7. 8. The General Librarian, Parliamentary Librarian and other officers and servants of the Library of Parliament shall be responsible for the faithful discharge of their official duties, as the same are defined by regulations agreed upon by the Speakers of the two Houses, and concurred in by the said joint committee on the Library. U.S., c. 15, s. 6. 9. The supply of stationery required for the use of the Library shall be furnished by the Department of Public Print- ing and Stationery, and charged to the Houses of Parliament. P.S., c. 15, s. 8. OTTAWA: Printed by Samuel Edward Dawson, Law Printer to the King's most Excellent Majesty. 218 E.S., 1906. CHAPTER 15. An Act respecting the High Commissioner for Canada in the United Kingdom. 1. This Act may be cited as the High Commissioner's Act. Short title. 2. The Governor in Council may, under the Great Seal of Appoint- Canada, from time to time, appoint an officer to he called the ment ' High Commissioner for Canada, who shall hold office during pleasure. R.S., c. 16, s. 1. 3. The High Commissioner shall, — Powers and (a) act as representative and resident agent of Canada in duties - the United Kingdom, and, in that capacity, execute such powers and perform such duties as are, from time to time, conferred upon and assigned to him by the Governor in Council ; (b) take the charge, supervision and control of the immigra- tion offices and agencies in the United Kingdom, under the Minister of the Interior; (c) carry out such instructions as he, from time to time, receives from the Governor in Council respecting the com- mercial, financial and general interests of Canada in the United Kingdom and elsewhere. R.S., c. 16, s. 2; O.C., 14 th March, 1892. 4. The High Commissioner shall receive a salary of not Salary, more than ten thousand dollars per annum, and the same shall be payable out of any unappropriated moneys forming part of the Consolidated Revenue Fund of Canada. R.S., c. 16, s. 3. 5. The Governor in Council may appoint such officers and Officers and clerks in the office of the High Commissioner as he deems clerks - necessary, with such grade in the Civil Service of Canada li- ne prescribes. 2. Such officers and clerks shall not be subject to examination No examina- under the Civil Service Act. 51 V., c. 13, s. 1. tion - 6. The provisions of the Civil Service Act and of the Civil Civil Service Service Superannuation and Retirement Act shall, subject to ' nr>cr 219 the R.S., 1906. Chap. 15. High Commissioner. tion and Re- the provisions of the next preceding section, apply to the officers Acts 1C to and clerks employed in the office of the High Commissioner. apply- 51 y c. 13, s. 1. Salaries on .Tulv 1st, 1887, pre- served. 7. Nothing in this Act contained shall operate to diminish the salary of any officer or clerk employed in the office of the High Commissioner on the first day of July, one thousand eight hundred and eighty-seven. 51 V., c. 13, ss. 2 and 3. OTTAWA : Printed by Samuel Edward Dawson, Law Printer to the King's most Excellent Majesty. 220 K.S., 190G. CHAPTER 16. An Act respecting the Civil Service of Canada. SHORT TITLE. 1. This Act may be cited as the Civil Service Act. R.S., Short title, c. 17, s. 1. INTERPRETATION. 2. In this Act, unless the context otherwise requires, — Definitions. (a) ' head of the department ' means the minister of the Crown for the time being presiding over the department; ( b) ' deputy/ ' deputy head,' or i deputy head of the depart- ment,' means the deputy of the minister of the Crown presiding over the department, and the Clerk of the Privy Council; and includes also the Auditor General, in all cases in which such meaning is not inconsistent with his powers and duties under the Consolidated Revenue and Audit Act ; (c) ' Board ' means the examiners appointed for the purposes of this Act. R.S., c. 17, s. 2 ; 3 E. VII., c. 9, s. 1. CONSTITUTION. 3. The Civil Service for the purposes of this Act includes Of whom the and consists of all classes of officers, clerks and employees, C U 1V ?, 1 Serv } ce snili consist elsewhere than in the provinces of Saskatchewan and Alberta and in the Northwest Territories and the Yukon Territory, in or under the several departments of the Executive Government of Canada and in the office of the Auditor General, included in schedules A and B to this Act, appointed by the Governor in Council or other competent authority before the first day of July, one thousand eight hundred and eighty-two, or there- after appointed or employed in the manner provided by the Civil Service Act for the time being in force; and also includes, — (a) such officers, clerks or employees in the lower grades as are determined by order in council ; and, (b) such officers, clerks and employees in the provinces of Saskatchewan and Alberta and in the Northwest Territories and the Yukon Territory, holding positions which if held in other parts of Canada would bring them under the pro- visions of this Act, as the Governor in Council brings under the provisions hereof. 221 2. R.S., 1906. ' 2 Chap. 16. Civil Service. Two divisions. Inside division. Outside division. Exception. 2. The Civil Service shall not, however, include nor shall this Act apply to any of the officers or employees to whom by the provisions of the Post Office Act that Act instead of the Civil Service Act is intended to apply. R.S., c. 17, s. 3; sch. B. ;. 2 E. VII., c. 28, s. 1. 4. The service shall be divided into two divisions, namely : — (a) The first or inside departmental division which shall comprise officers, clerks and employees of those classes mentioned in schedule A, employed on the several depart- mental staffs at Ottawa, and in the office of the Auditor General ; and, (b) The second or outside departmental division which shall comprise officers, clerks, and employees of those classes mentioned in schedule B, and the other officers, clerks and employees included in the Civil Service who are employed otherwise than on the departmental stall's at Ottawa. U.S., c. 17, s. 1. • Regulations. 5. The Governor in Council may, from time to time, make general rules and regulations, not inconsistent with the provi- sions of this Act, respecting the appointments and promotions of the officers, clerks and employees in the Civil Service and all other matters pertaining thereto. U.S., c. 17, s. 5. 6. The Governor in Council shall, from time to time, deter- mine the number of officers, clerks of the several classes and grades, messengers and other employees who are required for the working of the several departments in each division of the Civil Service, but the collective amount of the salaries of each department shall, in no case, exceed that provided for by vote of Parliament for that purpose. 2. If the number of officers, clerks, and employees then attached to any department in either division thereof is greater than the number allowed to the department, as herein provided, the Governor in Council shall name the persons to fill the several offices ; and the remainder shall be supernumerary clerks, ineligible for increase of salary, of that class respectively in which they rank, and shall so remain until promoted in the manner herein provided or until severed from the service. R.S., c. 17, s. 6. BOARD OF EXAMINERS. Examiners. 7. Three examiners shall, from time to time, be appointed by the Governor in Council, who, for the purposes of this Act, shall be known as the Board ; and they shall examine all candi- dates for admission to the Civil Service, and give certificates of qualification to such persons as are found qualified, according to such regulations as are authorized by the Governor in Coun- cil for the Guidance of the Board. 222 2. R.S., 1906. ( rovernor in Council to determine number of officers, etc. If the actual num- ber exceeds that nlloAvcd Civil Service. Chap. 16. 3 2. The Governor in Council may appoint a person who Clerk, shall ho clerk to the Board, at a salary not exceeding seven hundred dollars per annum. s 3. Each member of the Board shall receive such salary, Salary of not exceeding four hundred dollars per annum, as is fixed members. by the Governor in Council. 4. The members of the Board, while engaged in their work, Travelling shall be paid such travelling expenses as are determined by the ex P ensea - Governor in Council. 5. Such persons as are selected by the Board to assist it Pay of in the conduct of examinations shall receive such sum, not assistants - exceeding five dollars a day, as is fixed by the Governor in Council. 6. The meetings of the Board shall be held at such times, Meetings. and the proceedings thereof shall be governed by such rules and regulations as the Governor in Council, from time to time, determines. 7. The Board shall be supervised by the Secretary of State. Supervision. R.S., c. 17, s. 8; 52 V., c. 12, s. 1. 8. The Board may obtain the assistance of- persons who Who may he have had experience in the education of the youth of Canada, Instants. ™ and with such assistance shall hold, or cause to be held, period- ical examinations for admission to the Civil Service, at such times and places as shall be determined, from time to time, nv the Governor in Council. 2. Examinations shall, as far as possible, be in writing, and Examina- thc cost thereof shall be defrayed out of moneys previously -writing. voted by Parliament for that purpose. R.S., c. 17, s. 9. 9. Whenever the Board is satisfied that any irregularity or Proceedings fraudulent- practice has obtained at any examination held by ™ re ^iarity it or by any person 'deputed by it, the Board may summon at examina- before it by an instrument signed by the chairman or acting 1011, chairman of the Board, and may examine under oath or affirm- ation, any person who, in its opinion, is in a position to give evidence in relation to such irregularity or fraudulent practice. 58-59 V., c. 14, s. 1. 10. If the person so summoned does aol appear at the time Refusal to and place appointed by such instrument, the chairman or acting *^ chairman of the Board shall be vested with all the powers con ferred upon a justice of the peace by the Criminal ( !ode, in the case of a person to whom a summons has been directed, requir- ing such person to appear before such jusl ice a1 a t ime and place therein mentioned to give evidence respecting a charge of an indictable offence, and who does nol appear in obedience thereto. 58-59 V., c. 14, s. 1. 11. Whenever any person appearing in obedience to any Punish- such instrument, or hv virtue of a warrant issued under the persons re- 223 last R.S., 1906. Chap. 16. Civil Service. fusing to i a st preceding section, refuses to be sworn, or having been sworn refuses to answer such questions as are put to him, or refuses or neglects to produce any documents which he is required to produce, without in any such case offering any just excuse for such refusal or neglect, the chairman or acting chairman of the Board shall, as to such person, be vested with all the powers, as to process and punishment in respect to witnesses, conferred in like cases upon a justice of the peace by the Criminal Code. 58-59 V., c. 14, s. 1. Oath how ad- 12. Every oath or affirmation required for the purpose of such inquiry mav be administered by any member of the Board. 51 V., c. 12, s. 2. Report to Secretary of State. Disqualifica- tion. Personation at examina- tion. 13. If any person is proved upon such inquiry to havo been concerned in any fraudulent practice, or to have boon guilty of any breach of the regulations made by the Governor in Council with respect to any examination held under the authority of this Act, the Board shall report the same to the Secretary of State, who may thereupon cause such person's name to be removed from the list of persons who are found qualified. 51 V., c. 12, s. 2. 14. Every person who, at any examination held under this Act, personates any candidate or employs, induces or allows any person to personate him, is guilty of an offence against this Act, and liable, on summary conviction, to im- prisonment for a term not exceeding six months, or to a fine not exceeding two hundred dollars, and, if he is employed in the Civil Service, to be dismissed therefrom. 51 V., c. 12, s. 2. Procuring 15, Every person who surreptitiously procures from anv or furnishing . J £ , r J r . * examina- printer or other person, and every person who, without tion question authority, furnishes to any other person any examination ques- tion paper or any other paper relating to any such examination as aforesaid, is guilty of an offence against this Act, and liable, on summary conviction, to imprisonment, with or without hard labour, for a term not exceeding six months, or to a fine not exceeding two hundred dollars, and, if he is employed in the Civil Service, to be dismissed therefrom. Disqualified. 2. No such person shall be allowed to present himself at any subsequent examination. 51 V., c. 12, s. 2. EXAMINATIONS. No appoint- 16. Except as herein otherwise provided no person shall be ouT examina- appointed to or employed in either division of the Civil Service tion. unless the person so appointed or employed has passed the exam- ination hereinafter required in order to qualify him for such appointment or employment. U.S., c. 17, s. 29. 224 17. R.S., 190G. Civil Service. Chap. 16. 5 17. It shall be necessary to pass the first or preliminary Preliminary examination in order to qualify for the following appointments tk>n mma " or employments : — Messenger ; Porter ; Sorter ; Packer ; Tidewaiter ; Assistant inspector of weights and measures; and, Such other appointments or employments in the lower grades as are determined by the Governor in Council. R.S., c. 17, s. 29 ; 58-59 V., c. 15, ss. 1 and 8. 18. It shall be necessary to pass the second or qualifying Qualifying examination in order to qualify for the following appointments tl n. or employments : — Third-class clerkships in the first division ; Third-class clerkships and the offices of landing waiters and lockers in the second division for Customs service ; Third-class excisemen and stenographers or typewriters in the second division of the Inland Revenue service ; Third-class clerkships, railway mail clerkships and the offices in the second division for Post Office service ; and, Temporary clerks or writers in either division. R.S., c. 17, s. 29'; 51 V., c. 12, s. 14 ; 58-59 V., c. 15, ss. 4 and 8 ; 63-64 V., c. 14, s. 3 ; 3 E. VII., c. 9, ss. 15 and 26. 19. Candidates may pass both the preliminary and qualify- Both examin- ing examinations at their option. R.S., c. 17, s. 29. action 886 * 1 20. iSTo person shall be admitted either to the preliminary or Candidates qualifying examination until he has satisfied the Board, — sion a (a) that at the time appointed for such examination he will, if the examination is for an appointment which the passing of the preliminary examination is sufficient to qualify for, Age. be of the full age of fifteen years, and, in other cases, be of the full age of eighteen years ; and, if for the inside departmental division, that his age will not then be more than thirty-five years ; (b) that he is free from any physical defect or disease Physique, which would be likely to interfere with the proper discharge of his duties ; and, (c) that his character is Mich ;is to qualify him for employ- Character, ment in the service. R.S., c. 17, s. 30; 58-59 V., c. 15, s. 5. 21. The preliminary and qualifying examinations shall lie Times and held only once a year and during the month of November, under method - such regulations, not inconsistent with this Act. as are from time to time made by the Governor in Council, and published in the English and French languages in the Canada Gazette. 51 V., c. 12, s. 5. 15 225 22. R.S., 1906. 6 Chap. 16. Civil Service. Promotion 22. Except as herein otherwise provided no promotion in tions. either division of the Civil Service shall take place without special examination under regulations made by the Governor in Council. R.S., c. 17, s. 39. In May. Subjects. Age. Yearly esti- mate of probable vacancies. Limitation. To whom ex- aminations shall be open. Either language. Notice. 23. Except as herein otherwise provided promotion exam- inations shall be held once a year in the month of May and at such other time as is from time to time fixed by the Governor in Council, and shall be in such subjects as are determined from time to time for each department by the Governor in Council, and in such subjects as by report of the deputy head of the department in which the promotion is to be made, concurred in by the head of the department, are submitted to the Board as best adapted to test the fitness of the candidates for the vacant office. 51 V., c. 12, s. 8 ; 3 E. VII., c. 9, s. 22. 24. When a vacancy to be filled by promotion exists in the inside division, the examination shall not be open to any person appointed to the outside division who at the date of his first appointment was of a greater age than thirty-five years. R.S., c. 17, s. 39. 25. Once in each year, not later than the fifteenth day of March, the deputy head of each department shall make and lay before the Board through the Department of the Secretary of State estimates of the number of vacancies to which promotions may be made in the first and second divisions respectively of his department during the ensuing year, either by reason of retirement, death, failure of health or other cause, in the respec- tive classes of chief, first-class and second-class clerks. 2. The number so estimated shall be the number with refer- ence to which the examinations for promotion shall be held. R.S., c. 17, s. 40; 51 V., c. 12, s. 9. 26. The examinations shall be open to all persons who comply with the requirements of this Act as to proof of age, health and character, and conform to the regulations made as herein provided, upon payment of such fees as are determined by the Governor in Council. E.S., c. 17, s. 32. 27. All examinations under this Act shall be held in the English or French language, at the option of the candidate. R.S., c. 17, s. 32; 51 V., c. 12, s. 6. 28. Notice of every examination, whether for admission into the Civil Service or for promotion therein, shall be pub- lished in the English and French languages in the Canada Gazette at least one month before the date fixed for the examin- ation, and such notice in the case of promotion examinations shall state the number of promotions expected in each class in each division. U.S., c. 17, ss. 33 and 41; 51 V., c. 12, s. 7. 226 29. R.S., 1900. Civil Service. Chap. 16. 7 29. Immediately after each examination a list of the persons Pass list, who are found qualified shall be made out, and published in the Canada Gazette. U.S., c. 17, s. 34. APPOINTMENTS. 30. Except as herein otherwise provided all appointments Tenure, to the Civil Service shall be during pleasure, and no person shall be appointed to any place below that of a deputy head unless, in addition to passing the requisite examination, he has served the probationary term hereinafter mentioned. U.S., Probationary c. 17, s. 10. service - 31. No person shall be appointed to any place in the first Age limits. or inside departmental division of the Civil Service, other than that of a deputy head, controller of railway mail service or superintendent of railway mail service, on probation or other- wise, whose age exceeds thirty-five years, or who has not attained the full age of eighteen years : Provided that this section shall not render ineligible any officer or employee, not within the said age limits, to be transferred from the outside service to the railway mail service branch. 58-59 V., c. 15, s. 12; 60-61 V., c. 14, s. 1. 32. Whenever it becomes necessary to make any appoinr- First ap- ment to any of the classes to which it is herein provided P°» ntmenta - that first appointments shall only be made after qualifying examination, such necessity shall be reported to the head of the department by his deputy; and upon such report being approved by the head of the department, and after the salary to be paid has been voted by Parliament, the head of the department shall select and submit to the Governor in Council for probation, from the lists of qualified candidates made by the Board, a person fitted for the vacant place. R.S., c. 17, s. 35. 33. The person so selected shall not receive a permanent Probation, appointment until he has served a probationary term of at least six months. E.S., c. 17, s. 35. 34. The head of the department or the deputy head may, Rejection at any time during the period of probation, reject any clerk ^[' ng pro ' or employee appointed to his department. U.S., c. 17, s. 35. 35. No probationary clerk shall remain in any department Report of more than one year, unless, at or before the end of that time, af P to con^ the deputy head signifies to the head of the department in i"' 1, writing that the clerk is considered by him competent for the duty of the department. R.S., c. 17, s. 36. 36. If such probationary clerk be rejected, the head of t ho Further department shall report to the Governor in Council the reason-* ?e 15^ 227 for R.S., 1900. Chap. 16. Civil Service. Another trial. for rejecting him, and another clerk shall thereupon be selected in like manner in his stead. 2. The head of the department shall decide whether the name of the person rejected shall be struck off the list as unfit for the service generally, or whether he shall be allowed another trial. R.S., c. 17, s. 36. Officers requiring special quali- fications. 37. When the deputy head of a department in which a vacancy occurs reports, for reasons set forth in such report, — (a) that the qualifications requisite for such office are wholly or in part professional or technical ; and, (b) that it would be for the public interest that the examin- ation herein provided for should, as regards such vacancy, be wholly or partially dispensed with ; the Governor in Council may, without reference to the age of the person, if the head of the department concurs in such report, select and appoint or promote such person as is deemed best fitted to fill the vacancy, subject to such examination as is suggested in the report. 3 E. VII., c. 9, s. 21. Exceptions. 38. City postmasters and post office inspectors; inspectors, collectors and preventive officers in the Customs Department; inspectors of weights and measures, and deputy collectors and preventive officers in the Inland Revenue Department, may be appointed without examination and without reference to the rules for promotion herein prescribed. 3 E. VII., c. 9, s. 21. Three years' experience in outside Customs. 39. Notwithstanding anything in this Act a person who has served over three years as an officer or acting officer in the outside service of the Customs may be appointed an examining officer in such service subject to such examination on the duties of office and other, qualifications as is prescribed by the deputy head in a report to be concurred in by the head of the department. 3 E. VII., c. 9, s. 21. College graduates. 40. Graduates of the Royal Military College, or of any university in Canada, shall be exempt from the qualifying examination. 51 V., c. 12, s. 5. Vacancy in 41. If a vacancy occurs in the office of the Auditor General, General's ^ le re P or t required as to such vacancy shall be made to the office. Minister of Finance. R.S., c. 17, s. 38. Re-entry. 42. Any officer, clerk or employee who has resigned, shall be eligible, without examination, under the authority of an order in council, to re-enter the service, in the class in which he was serving at the time of such resignation, and at the salary which he was then receiving, if funds are available for the payment of his salary. R.S., c. 17, s. 53. 228 PROMOTIONS. R.S., 190G. Civil Service. Chap. 16. .9 PROMOTIONS. 43. The promotion examination may be dispensed with on Exemptions a report from the deputy head, concurred in by the head of the a r m ^ a tf on department, that such examination is not necessary in the case of the following persons when employed or when seeking pro- motion in the line of their profession : — Barristers ; Attorneys; *. Military or civil engineers ; Officers of the artillery in the Department of Militia and Defence ; Architects ; Draughtsmen and land surveyors. 2. Such examination may also be so dispensed with in the Special clasa -case of special-class excisemen seeking promotion in the Depart- ment of Inland Eevenue. 51 V., c. 12, s. 8. 44. Railway mail clerks and clerks employed in post offices Railway mail shall not be required to pass the promotion examination. c 60-61 V., c. 26, s. 2 ; 61 V., c. 20, s. 6. 45. Xo such examination shall be required for the re-employ- Excisemen, ment or promotion of excisemen who passed the departmental examinations for the special class in the excise service before the first day of July, one thousand eight hundred and eighty- two. R.S., c. 17, s. 39. 46. Except as herein otherwise provided, when any vacancy Selection for occurs in one of the higher classes, in either division, the head ^^ ies in of the department shall select from the list of successful candi- classes, dates for promotion, the person whom he considers best fitted for the office, having duo reference to any special duties incident to such office, to the qualification and fitness shown by the candidates respectively during their examination and i<> the record of their previous conduct in the service. R.S., c. 17, s. 42 ; 51 V., c. 12, s. 10. 47. Every promotion so made shall be subject to a probation Probation, of not less than six months. 2. At any time during the first year the head of the depart* In case of ment may reject the person promoted, or he may be definitely re J ectlon - accepted at any time during the second period of six months after his promotion. 3. If the person so selected i- rejected he shall then return Return to to the performance of the duties in which he was previously ,iuties - engaged. R.S., c. 17, s. 43. 48. When any clerk who is promoted on probation i- Further rejected, the head of the department shall selecl another in S( his stead from the candidate- whose names still remain on 22g the U.S., 1906. 10 Chap. 16. Civil Service. the lists of qualified persons made by the Board. R.S., c. 17, s. 44. Former 49, During the period for which a clerk is promoted on whom per- probation the duties of the office previously held by him shall, formed. jf necessary, be performed by a person selected for that purpose by the head of the department. R.S., c. 17, s. 45. EXCHANGES AND TRANSFERS. Without examination. No increase. Age. 50. An exchange of positions between two officers serving in different departments, or in different divisions of the same department, and the filling of a vacancy in one department by a transfer from another division of the same department or from another department, may be authorized by the Governor in Council to be made without examination of either officer. 2. Such exchange or transfer shall be made without increase of salary of either of the persons exchanging or transferred. 3. No person shall be transferred from the outside to the inside division, whose age at the date of his first appointment exceeded thirty-five years. R.S., c. 17, s. 46. DEPUTY MINISTERS. Office. 51. There shall be a deputy head for each department. 2. JSTo officer shall hereafter be raised to the rank of deputy Created by head except in the case of a vacancy occurring, or when a new Parliament, department is created by Act of Parliament. 51 V., c. 12, s. 3. Appoint- ment. Removal, statement of reasons. Salary of Deputy Minister of Justice. Salary of Deputy Minister of Finance. 52. The deputy heads of departments shall be appointed by the Governor in Council, and shall hold office during pleasure. 2. Whenever such pleasure is exercised in the direction of removing a deputy head from his office, a statement of the reasons for so doing shall be laid on the table of both Houses of Parliament within the first fifteen days of the next follow- ing session. R.S., c. 17, s. 11. 53. The Deputy Minister of Justice may, if at the time of his appointment he is a barrister of at least ten years' standing, be paid a salary beginning on appointment at four thousand five hundred dollars per annum, with an annual increase of one hundred dollars until a maximum salary is reached of five thousand dollars. 3 E. VII., c. 9, ss. 2 and 6. 54. The Deputy Minister of Finance may, if at the time of his appointment he has been for at least ten years in the service of one or more of the chartered banks of Canada as general manager or as manager of a branch of such bank or in both capacities, be paid a salary beginning on appointment at four 230 thousand R.S., 1906. Civil Service. Chap. 16. 11 thousand five hundred dollars per annum, with an annual increase of one hundred dollars until a maximum salary is reached of five thousand dollars. 2. The salary of the Deputy Minister of Finance holding p res ent office on the twenty-fourth day of October, one thousand nine Deputy, hundred and three, shall, so long as he remains in office, be five thousand dollars per annum. 3 E. VII., c. 9, ss. 2 and 3. 55. The Deputy Minister of Railways and Canals may, if Salary of at the time of his appointment he is a civil engineer of at least ]R? puty ten years' standing, be paid a salary beginning on appointment Railways and at four thousand five hundred dollars per annum, with an Canals - annual increase of one hundred dollars until a maximum salary is reached of five thousand dollars. 3 E. VII., c. 9, s. 2. 56. In all cases not hereinbefore provided for the salary of Salaries of a deputy head of a department shall on appointment be three ? the , r de puty thousand five hundred dollars per annum, with an annual increase of one hundred dollars until a maximum salary is reached of four thousand dollars per annum. 3 E. VII., c. 9, ss. 2 and 4. 57. The increases of salary hereinbefore .authorized to be increases made to any deputy head shall be made by the Governor in how made - Council upon the recommendation of the head of his depart- ment. 3 E. VII., c. 9, s. 2. 58. Nothing herein contained shall operate to diminish the No salary salary or emolument of any deputy head holding office on the d,mim8ned - twenty-fourth day of October, one thousand nine hundred and three, who was at that date in receipt of a salary larger than would be payable to him under this Act. 3 E. VII., c. 9, s. 5. 59. The deputy head of each department shall, subject to Duties, the directions of the head of the department, oversee and direct the officers, clerks and employees of the department, and shall have general control of the business thereof, and shall perform such other duties as are assigned to him by the Governor in Council. 2. He shall give his full time to the public service and shall Full time, discharge all duties required by the head of the department, or by the Governor in Council, whether such duties are in his own department or not. 3. No deputy head shall receive any pay, fee or allowance in ^ T ° extra any form in excess of the amount of the salary hereinbefore pa> ' authorized to be paid to him. 3 E. VII, c. 9, s. 7. 60. In the absence of anv deputy head, a chief clerk named Acting by the head of the department shall perform the duries of sucli deputy head, unless the performance of such duties is otherwi.-.' provided for by the Governor in Council. 231 2. R.S., 1906. 12 Chap. 16. Civil Service. Gene^l dit ° r 2 ' There sha11 be in the office of the AuditOT General a chief clerk who shall at all times act for the Auditor General in his absence. R.S., c. 17, s. 14. CHIEF CLERKS, GRADE A. How created. 61. A chief clerkship,. grade A, in any department shall only be created by order in council, passed after, — (a) the deputy head has reported that such an officer is necessary for the proper performance of the public business in the department, stating the reasons on which he has arrived at that conclusion ; (b) the concurrence of the head of the department in such report; and, (c) the salary has been voted by Parliament. 3 E. VII., c. 9, ss. 8 and 19. Salary. 62. The minimum salary of a chief clerk, grade A, shall be two thousand four hundred dollars per annum, with an annual increase of one hundred dollars up to a maximum of two thou- sand eight hundred dollars per annum. Idem. 2. If, however, a person upon his appointment or promotion to a chief clerkship, grade A, is in receipt of a salary greater than the minimum salary of such chief clerkship, he may be appointed or promoted at the salary which he is then receiving if it does not exceed the maximum salary of such chief clerk- ship. 3 E. VII., c. 9, s. 8. Promotion of 63. A chief clerk in any department may without being to grade A. required to undergo any examination be promoted to a chief clerkship, grade A, by an order in council passed after, — (a) the deputy head has reported that the duties devolving upon such officer are of special importance, and that the officer recommended for such promotion is specially quali- fied for their performance ; (b) the concurrence of the head of the department in such report; and, (c) the salary has been voted by Parliament. 3 E. VII., c. 9, s. 8. CHIEF CLERKS. How created. 64. A chief clerkship in any department shall only be created by order in council, passed after, — (a) the deputy head has reported that such an officer is necessary for the proper performance of the public business in the department, stating the reasons on which he has arrived at that conclusion ; (b) the concurrence of the head of the department in such report ; and, (c) the salary has been voted by Parliament. R.S., c. IT, s. 15. 232 65. E.S., 1906. Civil Service. Chap. 16. 13 65. The minimum salary of a chief clerk shall be one thou- Salary. sand nine hundred dollars, with an annual increase of fifty dol- lars up to a •maximum of two thousand five hundred dollars. 3 E. VII., c. 9, s. 9. FIRST-CLASS CLERKS. 66. A first-class clerkship shall only be created by order in How created, council, passed on the report of the deputy head, concurred in by the head of the department, setting forth the reasons for creating the office, and after the salary has been voted by Par- liament. R.S., c. 17, s. 17. 67. The minimum salary of a first-class clerk shall be one Salary, thousand five hundred dollars per annum, with an annual in- crease of fifty dollars up to a maximum of one thousand nine hundred dollars. 3 E. VII., c. 9, s. 10. SECOND-CLASS CLERKS. * 68. A second-class clerkship shall only be created by order How created, in council, passed on the report of the deputy head, concurred in by the head of the department, setting forth the reasons for creating the office, and after the salary has been voted by Par- liament. R.S., c. 17, s. 19. 69. The minimum salary of a second-class clerk shall be one Salary, thousand two hundred dollars per annum, with an annual in- crease of fifty dollars up to a maximum of one thousand five hundred dollars. 3 E. VII., c. 9, s. 11. JUNIOR SECOND-CLASS CLERKS. 70. A junior second-class clerkship shall only be created by How created, order in council, passed on the report of the deputy head, con- curred in by the head of the department, setting forth the reasons for creating the office, and after the salary has been voted by Parliament. 63-64 V, c. 14, s. 2. 71. The minimum salary of a junior second-class clerk shall Salary, be eight hundred dollars per annum, with an annual increase of fifty dollars up to a maximum of one thousand one hundred dollars. 3 E. VII., c. 9, s. 12. 72. The Governor in Council may, upon the recommenda- College tion of the head of the department, concurred in by the Treasury & raduates - Board, appoint a person who is a graduate of the Royal Military College or of any university in Canada to be a junior second- class clerk. 63-64 V., c. 14, s. 7. 233 73. R.S., 1906. 14 Chap. 16. Civil Service. Condition of such appoint- ment. 73. An appointment shall only be made under the last pre- ceding section in one of the following cases : — (a) Where the person to be appointed is to take the place of a clerk of the second or a higher class; (b) Where the deputy head of the department reports that, owing to the special class of work to be performed, an appointment under the said section is desirable. 63-64 V., c. 14, s. 7. THIRD-CLASS CLERKS. How created. 74. Except as hereinafter otherwise provided a third-cla33 clerkship shall only be created by order in council passed on the report of the deputy head, concurred in by the head of the department, setting forth the reasons for creating the office, and after the salary has been voted by Parliament. 3 E. VII., c. 9, s. 19. Salary. Supplement for optional subjects. Appoint- ment of certain em- ployees as third-class clerks. Without qualification. Except order in council. 75. The minimum salary of a third-class clerk shall be five hundred dollars per annum, with an annual increase of fifty dollars up to a maximum of seven hundred dollars. 3 E. VII., c. 9, ss. 16 and 18. # 76. The Governor in Council may give to any person who is appointed a third-class clerk, in addition to the salary herein provided for on appointment, an amount not exceeding fifty dollars per annum for each optional subject not exceeding two in which he has passed the qualifying examination. 2. Such optional subjects shall be book-keeping, shorthand and typewriting. 63-64 V., c. 14, s. 6 ; 3 E. VII., c. 9, s. 15. 77. Any person who at the time of his appointment as third- class clerk is in the service of the Government and receiving or entitled to receive a salary, and who has been or is a writer, clerk, packer, sorter or messenger, either temporary or other- wise, in the inside service of one of the departments of the Government at Ottawa, or in the office of the Auditor General, may be so appointed at the salary which he was so receiving or entitled to receive at the time of such appointment, not exceed- ing, however, the maximum salary of a third-class clerk. 3 E. VII., c. 9, s. 20. 78. Any such person as in the last preceding section mentioned who had for two years prior to the twenty-fourth day of October, one thousand nine hundred and three, been continuously in the inside service, either in the capacity of writer, clerk, packer, sorter or messenger, or in any other capa- city, may be appointed a third-class clerk without regard to his age, and without passing the qualifying examination. 2. The order in council appointing him shall be held to create the third-class clerkship in respect of which such appoint- ment is made. 3 E. VII., c. 9, s. 20. 234 MESSENGERS, R.S., 1906. Civil Service. Chap. 16. 15 MESSENGERS, PACKERS AND SORTERS. 79. This Act in so far as applicable shall continue to apply Permanent as heretofore to permanent messengers, packers and sorters ^ckere "and appointed before the first day of January, one thousand eight sorters, hundred and ninety-six. 58-59 V., c. 15, ss. 2 and 14. 80. The salary of a messenger, packer or sorter appointed ?alai r- to the Civil Service previous to the first day of January, one thousand eight hundred and ninety-six, may be increased to a maximum of seven hundred dollars per annum by amounts not exceeding fifty dollars in any one year. 58-59 V., c. 15. ss. 2, 12 and 14; 3 E. VII., c. 9, s. 27. PRIVATE SECRETARIES. 81. Any member of the Civil Service may be appointed Additional private secretary to the head of a department, and may bo sa ary ' paid an additional salary not exceeding six hundred dollars a year whilst so acting. 2. ~No salary shall be payable to any private secretary unless If voted, the amount has been voted by Parliament. U.S., c. 17, s. 48. SALARIES. 82. Except as herein otherwise provided the salary of a Begin at clerk on appointment or promotion to any class shall begin mimmum - at the minimum of such class. 58-59 V., c. 15, s. 3 ; 63-64 V., c. 14, s. 5 ; 3 E. VII., c. 9, s. 17. 83. The officers, clerks and employees mentioned in schedule Schedule B. B to this Act shall be paid according to the scale thereby established. 2. The salaries of officers, clerks and employees in the second Other out- or outside division of departments other than the Customs. ' Inland Revenue and Post Office Departments shall, subject to the provisions of any Act relating thereto, be fixed in each case by the Governor in Council. R.S., c. 17, s. 25. 84. If an officer, clerk or employee who is promoted to a Salary in higher class, or who is transferred from one class to another e * cesf ? . ° , . - . ot minimum class, is, at the time of such promotion or transfer, in receipt in certain of a higher salary or emolument than the minimum salary of cases - the class to which he is promoted or transferred, the Governor in Council may authorize the payment to him of the salary or emolument he was receiving at the time of such promotion or transfer, if it does not exceed the maximum salary of the class to which he is promoted or transferred. 63-64 V., c. 14, s. 12. 85. No officer, clerk or employee shall receive any increase Conditions of of salary except by order in council passed on the report of the lncrease - 235 deputv R.S., 1906. 16 Chap. 16. Civil Service. deputy head, concurred in by the head of the department, stating thai such officer, clerk or employee is deserving of such increase. R.S., c. 17, s. 26 ; 63-61 V., c. 14, s. 8 ; 3 E. VII., c. 9, ss. 18, 25 and 27. From what time payable, In case of promotion. Post office inspectors and assist- ants. May b d d ®** # ^ ne mcrease °f salary of any officer, clerk or employee authorized under this Act for the then current year may be suspended by the head of the department for neglect of duty or misconduct, and may be subsequently restored by such head, but without arrears. E.S., c. 17, s. 26. 87. Except as herein otherwise provided any increase of salary authorized by this Act shall be payable from the first day of the official quarter next succeeding the d«te on -which, from his length of service, any clerk or employee for whom such increase is recommended, is eligible for such increase. 2. In case of promotion, the increase of salary shall become payable from the day on which such promotion' takes place. E.S., c. 17, s. 27. 88. Increases of salary of post office inspectors and assistant post office inspectors shall, however, be payable at the expiration of one year from the date of appointment, or at the expiration of one year from the date on which the post office inspector or assistant post office inspector last received an increase, as the case may be. 3 E. VII., c. 49, s. 7. 89. Except as herein otherwise provided no salary shali be paid to any member of the Civil Service whose appointment or promotion, or whose increase of salary, after the first clay of July, one thousand eight hundred and eighty-two, has not been made in the manner provided by the Civil Service Act in force at the time of such appointment, promotion or increase, or otherwise authorized or confirmed by law. R.S., c. 17, s. 28. 90. Xo extra salary or additional remuneration of any kind whatsoever shall be paid to any deputy head, officer, clerk or employee in the Civil Service or to any other person per- manently employed in the public service. 51 V., c. 12, s. 12. 91. The status of clerks in the service on the twenty-fourth day of October, one thousand nine hundred and three, is hereby preserved, and if the salary of any such clerk is less than the minimum salary of his class as fixed by this Act, his salary may be increased to such minimum. 3 E. VII., c. 9, s. 13. Deduction 92. When the absence of any officer is not occasioned by his temurathor- employment on other duties by the Government, by leave of ized absence, absence or on account of illness certified by an authorized medi- cal practitioner, appointed by the Governor in Council for that 236 purpose, RS., 1906. Payment of salary pro- hibited. No extra payment. Status of clerks pre- served. Civil Service. Chap. 16. 17 purpose, his salary for each clay of such absence shall be deducted from his monthly salary. R.S., c. 17, s. 51. 93. Nothing contained in this Act shall prejudicially affect Act . n ?t to the salary or emoluments of any deputy head, officer, clerk or certain 6 employee in the Civil Service, appointed on or before the first officers, day of July, one thousand eight hundred and eighty-two, so long as he continues in office, nor shall anything herein contained prejudicially affect any salary or emolument granted and fixed by any Act in force on the day in this section mentioned. U.S., c. 17, s. 54. TEMPORARY EMPLOYMENT. 94. When from a temporary pressure of work or from any How other cause extra assistance is required in any branch of either authorized, the first or second division, the Governor in Council may, on the report of the deputy head of the department, concurred in by the head of the department, that such extra assistance is required, authorize the employment of such number of tem- porary clerks, writers, messengers, porters, packers, or sorters, as are required to carry on the work of the department. 58-50 V., c. 15, s. 7. 95. Temporary employment shall not give to any person any No per- elaim to permanent appointment or to continued or further p ^i n tment > ' temporary employment. 58-59 V., c. 15, s. 9. 96. Temporary clerks employed on the first day of January, Temporary one thousand eight hundred and ninety-six, may be continued in January 1st such temporary employment, notwithstanding their not having 1896. passed any examination, at such rate of pay as fixed by the Governor in Council, not exceeding the rate of pay which they were then receiving. 58-59 V., c. 15, s. 8. 97. Graduates of the Royal Military College or of any uni- College versity in Canada may be employed without passing the quali-^ ates ' fying examination. 51 V., c. 12, s. 5. 98. The remuneration of temporary clerks and writers and Remunera- of messengers, porters, packers and sorters, shall be at the rate 1'°™™ tem * to begin with of five hundred dollars per annum, which may be employees. increased by annual sums not exceeding fifty dollars up to a maximum of seven hundred dollars per annum. 3 E. VII., c. 9, s. 27. 99. The Governor in Council may in the case of any tern- Increase, porary clerk, or in the case of any temporary messenger, porter. packer or sorter, whose salary was, on the twenty-fourth day of October, one thousand nine hundred and three, less than five 237 hundred R.S., 1906. 18 Chap. 16. Civil Service. hundred dollars per annum increase such salary to the amount last mentioned. 3 E. VII., c. 9, s. 27. Vote. 100. Temporary employees shall be paid only out of moneys specially voted by Parliament for the purpose. 58-59 V., c. 15, s. 11. LEAVE OF ABSENCE. How granted. 101. The head of a department may grant to each officer, clerk or other employee, leave of absence for purposes of recrea- tion for a period not exceeding three weeks in each year. 2. Every such officer, clerk or employee, whether in the fir-st or second division, shall take the leave so granted at such time during each year as the head of the department determines. K.S., c. 1Y, s. 49. When. In case of illness, etc. 102. In case of illness or for any other reason which to him seems sufficient, the Governor in Council mav srant to anv officer, clerk or other employee, leave of absence for a period not exceeding twelve months. U.S., c. 17, s. 49. How. In what cases. Removal of suspension. Pay forfeited. Report. SUSPENSION. 103. The head of a department, and in his absence the deputy head, may, — (a) suspend from the performance of his duty or from the receipt of his salary any officer, clerk or employee guilty of misconduct or negligence in the performance of his duties ; (b) remove such suspension; but no person shall receive any salary or pay for the time during which he was under suspension. 2. All cases of suspension by the deputy head of a depart- ment shall be reported by him to the head of the department. R.S., c. 17, s. 50. Governor in Council may dismiss. DISMISSAL. 104. No provision herein contained shall impair the power of the Governor in Council to remove or dismiss any deputy head, officer, clerk or employee, but no such deputy head, officer, clerk or employee, whose appointment is of a permanent nature, shall be removed from office except by authority of the Governor in Council. R.S., c. 17, s. 55. Form and use. ATTENDANCE BOOK. 105. There shall be kept in each department, and in the office of the Auditor General, at the seat of Government, and in each office of the second division, a book or books to be called the attendance book, which shall be in such form as is 238 determined R.S., 1906. Civil Service. Chap. 16. 19 determined by the Governor in Council, in which each officer, clerk and employee of such office or department shall sign his name, at such times as are determined by the Governor in Council. U.S., c. 17, s. 56. OATHS. 106. The deputy heads of departments and all officers, Allegiance clerks, messengers, sorters and packers of the Civil Service and office - who have not already done so, and every deputy head, officer, clerk, messenger, sorter or packer hereafter appointed, before any salary is paid him, shall take and subscribe the oath of allegiance and also the oath contained in schedule C to this Act, or such other oath as is provided by any other Act, in that behalf. 2. In the case of the Clerk of the Privy Council, and all Secrecy, officers, clerks and employees under him, and in the case of any officer, clerk or employee of whom the Governor in Council requires the same, there shall be added to the oath at the asterisks, in the form of the oath in the said schedule C, the words contained in schedule D to this Act. 3. The Clerk of the Privy Council shall take and subscribe Clerk of the said oaths before the Governor General or some one Council, appointed by him to administer the same. 4. In the case of persons residing or coming to reside at the Before whom city of Ottawa, the oaths shall be taken and subscribed before Ottawa the Clerk of the Privy Council. 5. In other cases the oaths may be taken and subscribed And else- before a justice of the peace or other proper authority, who shall where - forward the same to the Clerk of the Privy Council. 6. The Clerk of the Privy Council shall keep a register of Register, all such oaths. U.S., c. 17, s. 57. REPORT. 107. The Secretary of State shall lay before Parliament Contents, within fifteen days after the commencement of each session, a report of the proceedings of the Board under this Act during the preceding year, which report shall include a copy of the examination papers, a statement of all examinations held and of the number of candidates at each, and the names of the successful candidates, and also the rules and regulations made during the year under the provisions of this Act respecting appointments, promotions, examinations, and all other matter- appertaining to the Civil Service. R.S., c. 17, s. 58; 51 \ '., c. 12, s. 13. CIVIL SERVICE LIST. 108. The Secretary of State shall cause to be printed each Contents, year a list, to be called the Civil Service List of Canada, of 239 all R.S., 1906. 20 Chap. 16. Civil Service. all persons employed in the several departments of the Govern- ment, together with those employed in the two Houses of Parliament, upon the first day of July, next preceding, show- ing the dates of their several appointments and promotions, their age, rank in the service, and salary; and shall lay the same before Parliament within the first fifteen days of each session. R.S., c. 17, s. 59. SCHEDULE A. (a) Deputy heads of departments; (b) Officers who have special professional or technical qualifications; (c) Chief clerks of both grades; (d) First-class clerks ; (e) Second-class clerks; (f) Junior second-class clerks. (g) Third-class clerks. R.S., c. 17, sch. A; 58-59 V., c. 15, s. 12 ; 63-64 V., c. 14, s. 1 ; 3 E. VIL, c. 9, ss. 14 and 19. SCHEDULE B. CUSTOMS. Higher Classes. Inspectors Salary from $1,600 to $2,500 Collectors ' .. " 300 to 4,000 Chief clerks " 1,200 to 2,000 Surveyors " 1,200 to 2,400 Assistant surveyors (comprising tide surveyors, chief landing waiters and chief lockers) ... t " 800 to 1,200 Technical Officers. Appraisers Salary from $800 to $2,000 Assistant appraisers 600 to 1,500 Gangers " 600 to 1,200 Other Classes. Clerks Salary from $400 to $1,200 Examining officers (including lockers and landing waiters) . . " 400 to 1,000 Packers, messengers and tide waiters " 300 to 600 3 E. VIL, c 9, s. 23. 240 INLAND R.S., 1906. Civil Service. Chap. 16. 21 INLAND REVENUE. Inspectors Salary from $1,600 to $2,500 Collectors " 500 to 2,400 Deputy collectors " 400 to 1,700 Accountants. .. " 600 to 1,500 Special-class excisemen (chief officers in charge of distil- leries) " 1,400 to 1,800 Special-class excisemen, other than the foregoing " 1,200 to 1,400 First-, second- and third-class ex- cisemen " 600 to 1,200 Probationary excisemen " 500 Stenographers and typewriters . . " 400 to 600 Messengers " 400 to 750 To which may be added for surveys of important manufactories an additional salary for the special-class excisemen and other officers connected with such survey, not exceeding in any one case two hundred dollars per annum. 3 E. VII., c. 9, s. 24. POST OFFICE. Post Office Inspectors and Assistant Post Office Inspectors. The salary of a post office inspector on appointment shall be two thousand dollars, with increases of fifty dollars per annum for six years, and one hundred dollars per annum thereafter up to a maximum of two thousand six hundred dollars. Any post office inspector who, on the thirteenth day of August, one thousand nine hundred and three, had completed six years of service as such may be granted an increase of ono hundred dollars per annum up to the maximum of two thousand six hundred dollars. Any post office inspector who, on the last mentioned date, had completed less than six years of service as such may be granted an increase of fifty dollars per annum until he has completed six years of service, and one hundred dollars per annum there- after up to the maximum of two thousand six hundred dollars. The salary of an assistant post office inspector on appoint ment shall be twelve hundred dollars, with increases of fiftv dollars per annum for the first six years, and one hundred dollars per annum thereafter up to a maximum of one thousand eight hundred dollars. Any assistant post office inspector who, on the thirteenth day of August, one thousand nine hundred and three, had completed six years of service as such may be granted an increase of one hundred dollars per annum up to a maximum of one thousand eight hundred dollars. 16 241 Any K.S., 1906. QO Chap. 16. Civil Service. Any assistant post office inspector who, on the Lasl mentioned date, had completed Less than six years of service as such may be granted an increase of fifty dollars per annum until he has completed six years of service, and of one hundred dollars per annum thereafter up to a maximum of one thousand eight hundred dollars. 3 E. VII., c. 49, s. 7. Railway Mail Clerks. After 2 years After 5 years After 10 On Appoint- ment. service in any class of Railway Mail Clerks. service in any class of Railway Mail Clerks. years service in any class of Railway Mail Clerks. $ $ 8 $ Chief Clerk 1,000 1,200 1,350 1,500 First Class 720 800 880 960 Second Class 600 G40 720 800 Third Class 480 520 560 640 To Railway Mail Clerks, in addition to regular salary, an allowance not exceeding half a cent per mile for every mile travelled on duty in the Post Office cars, and an additional allowance of half a cent per mile for every mile so travelled between eight in the afternoon and eight in the forenoon. 52 V., c. 12, s. 3. ass 1. a 2. a 3. (. 4. a 5. a 6. a 7. u 8. a 9. City Postmasters. When postage collections exceed $250,000, are from $200,000 to 250,000, " 150,000 to 200,000, 100,000 to 150,000 " 80,000 to 100,1 KM) " 60,000 to 80,000 " 40,000 to 60,000 " 20,000 to 40,000 are less than 20,000 to $1,800, as the Postmaster General determines. These salaries shall not be supplemented by any allowances, commissions or perquisite-; whatsoever. $4,000 3,750 3,500 3,250 2,800 2,400 2,200 2,000 1,400 Assistant Postmasters. When postage collections exceed $80,000. .$2,000 " " are from $60,000 to 80,000.. 1,'sOO 40,000 to 60,000.. 1,600 " " 20,000 to 40,000.. 1,400 " " are less than 20,000.. 1,100 to $1,400, as the Postmaster General determines. 52 V., c. 12, s. 3. 242 Clerks Class 1. " 2. " 3. " 4. " 5. U.S., 1906. Civil Service. Chap. 16. 23 Clerks in City Post Offices, and the Offices of Post Office Inspectors and Superintendents of Railway Mail Service. Fourth class, on appointment, four hundred dollars; by annual increases of fifty dollars up to seven hundred dollars. If any stamper and sorter is promoted to the fourth class, his initial salary as such class clerk shall be not less than his salary as such stamper and sorter at the time of such promotion. Junior third class, on appointment, seven hundred dollars; by annual increases of fifty dollars up to eight hundred dollars. Senior third class, on appointment, eight hundred dollars; by annual increases of fifty dollars up to nine hundred dollars. Junior second class, on appointment, nine hundred dollars ; by annual increases of fifty dollars up to one thousand dollars. Senior second class, on appointment, one thousand dollars; by annual increases of fifty dollars up to one thousand two hundred dollars. First class, specific duties, with fixed salaries in each case to be determined by the Postmaster General; no salary to be less than one thousand two hundred dollars, or more than one thousand five hundred dollars. Any clerk in any of the said offices who on the thirteenth day of August, one thousand nine hundred and three, was in the third class, shall be deemed to be a junior third-class clerk, his salary until otherwise ordered, continuing to be the amount which he was then enjoying, subject to annual increases not exceeding fifty dollars until it reaches eight hundred dollars per annum. Any clerk in the second class on the last mentioned date shall be deemed to be a senior second-class clerk, except that if his salary was then less than one thousand dollars, it shall, until otherwise ordered, continue to be the amount which he was then enjoying, subject to annual increases, not exceeding fifty dollars each, until it reaches twelve hundred dollars per annum. 3 E. VII., c. 49, s. 6. SCHEDULE C. I (A.B.) solemnly and sincerely swear that I will faith- fully and honestly fulfil the duties which devolve upon me as and that I will not ask, or receive any sum of money, services, recompense or matter or thing whatsoever, directly or indirectly, in return for what I have done or may do in the discharge of any of the duties of my said office, except my salary or what may be allowed me by law or by an order of the Governor in Council ; So help me God. R.S., c. 17, sch. C. 163 243 SCHEDULE R.S., 1906. 24 Chap. 16. Civil Service. SCHEDULE D. (After the asterisks in schedule C.) And that I will not, without due authority in that behalf, disclose or make known any matter or thing which comes to my knowledge by reason of my employment as (as the case may be). R.S., c. 17, sch. D. OTTAWA: Printed by Samuel Edward Dawson. Law Printer to the Kind's most Excellent Majesty. 244 R.S., 1906. CHAPTER 17. An Act respecting the Superannuation and Retire- ment of persons employed in the Civil Service of Canada. SHORT TITLE. 1. This Act may be cited as the Civil Service Superannu- Short title, ation and Eetirement Act. R.S., c. 18, s. 1. INTERPRETATION. 2. The Civil Service, for the purposes of this Act, includes Civil Service, and consists of, — fa) all officers, clerks and employees in or under the several Pe ™ 01 ". .. i /. i -n • 2-1 i «i under Civil departments of the Executive Government who are paid a Service Act. yearly salary, and to whom the Civil Service Act applies: (b) all such officers, clerks and employees of the second or Certain outside division of the Civil Service, as the Governor fhroutside in Council, from time to time, designates, and to whom service, the Civil Service Act does not apply, and who are paid a yearly salary and employed in an established capacity; ( c) the permanent officers and servants of the Senate and Officers and House of Commons, and the permanent officers and Senate and servants employed in the Library of Parliament, saving all Commons, rights and privileges of either House in respect to the appointment or removal of its officers and servants; ( d) all persons now contributing to the superannuation Present con- * •* trl Du LOTS . fund; ( e) all persons to whom this Act is by any other Act declared others, to apply: Provided that the Civil Service for the purposes of this Act Exception, shall not include any person who by the provisions of Part II. of the Koyal Northwest Mounted Police Act is made subject to the application of that Act instead of this Act. U.S., c. 18, s. 2 ; 61 V., c. 17, s. 3 ; 2 E. VII., c. 22, s. 17. APPLICATION. 3. Part I. of this Act shall apply only to such officers, clerks Part I. and employees in the Civil Service as were appointed previous to the first day of July, one thousand eight hundred and ninety- eight, and who do not come within the application of Part II. 245 of R.S., 1906. Chap. 17. Superannuation and Retirement. Part I. of this Act: Provided that Part I. of this Act shall not apply to any person appointed on or after the first day of April, one thousand eight hundred and ninety-three, whose age at the time of such appointment exceeded forty-five vears. E.S., c. 18, s. 2; 56 V., c. 12, s. 2 ; 61 V., c. 17, ss. 2 and 10. Part n. 4. Part II. of this Act shall apply only to the officers, clerks and employees in the Civil Service appointed on or after the first day of July, one thousand eight hundred and ninety-eight, and to those persons, in the Civil Service on the last mentioned date, who before the first day of January, one thousand eight hundred and ninety-nine, with the consent of the Governor in Council, elected to accept the provisions of the Civil Service Retirement Act, 1898, in lieu of the provisions of the Civil Service Superannuation Act. 61 V., c. 17, ss. 2 and 10. Regulations. 5. In any case of doubt the Governor in Council may, by general or special regulations, determine to what persons the provisions of this Act do or do not apply, and the conditions on which, and the manner in which, they shall apply in any case or class of cases. R.S., c. 18, s. 14. PART I. ELIGIBILITY. Who eligible. 6. The Governor in Council may grant a superannuation allowance not exceeding the allowance hereinafter author- ized to any person who has served in an established capacity in the Civil Service for ten years or upwards, and who has attained the age of sixty years or become incapacitated by bodily infirmity from properlv performing his duties. R.S., c. 18, s. 3. Service 7. Service in an established capacity in any of the depart- federation 3 to ments of the executive government or offices of the legislature be counted, of any of the provinces, now included in the Dominion of Canada, before such province became a portion thereof, by any person who thereafter entered the Civil Service, shall be reckoned in computing his period of service for the purposes of this Act. R.S., c. 18, s. 13. 8. If the service has not been continuous, the period or Breaks in service no periods during which such service has been interrupted shall counted. not be counted. R.S., c. 18, s. Preliminary inquiry by Treasury Board. R.S., 1906. 9. The superannuation of every civil servant shall be pre- ceded by an inquiry by the Treasury Board, — (a) whether the person it is proposed to superannuate is eligible within the meaning of this Act ; and, 216 (b) Part I. Superannuation -and Retirement. Chap. 17. 3 (b) whether the superannuation of such person will result in benefit to the service, and is therefore in the public interest; or, (c) whether superannuation has become necessary in conse- quence of the mental or physical infirmity of such person. R.S., c. 18, s. 5. 10. jSTo civil servant shall be superannuated unless the Report of Treasury Board reports that he is eligible within the meaning ^o&tA. of this Act and that such superannuation will be in the public interest. R.S., c. IS, s. 5. ALLOWANCES AND GKATUITIES. 11. The superannuation allowance hereinbefore mentioned Rates of shall be calculated upon the average yearly salary, during the allowanceB - last three years of service, of the person to whom such allowance is to be made, and shall not exceed, if such person has served for ten years, but less than eleven years, an annual allowance of ten-fiftieths of such average salary, and, if he has served for eleven years but less than twelve years, an annual allowance of . eleven-fiftieths thereof, and in like manner a further addition of one-fiftieth of such average salary for each additional year of service up to thirty-five years, when an annual allowance of thirty-five-fiftieths may be granted, but no addition shall be made for any service beyond thirty-five years. 2. In computing the number of years of service for the pur- Fraction of poses of this section, if the actual period of service includes a oue - nalf °\ . more GQU3.1 fraction of a year, the fraction, if equal to or greater than one- to one year. half, shall be counted as a full years service. R.S., c. 18, s. 3 ; 3 E. VII., c. 10, s. 1. 12. The Governor in Council may, in the case of any person Ten years who entered the Civil Service after the age of thirty years, as 10 ,*/] 56 being possessed of some peculiar professional or other qualifica- tions or attainments required for the office to which he was appointed, and not ordinarily to be acquired in the public ser- vice, add to the actual number of years of service of such person, such further number of years not exceeding ten, as is considered equitable, for reasons stated in the order in council made in the case, and such additional number of years shall be taken as part of the term of service on which the superannuation allow- ance of such person shall be computed. R.S., c. 18, s. 4. 13. If the head of a department reports with respect to any Diminished person employed in his department, and about to be superannu- ^^^un-^ ated, from any cause other than that of ill-health or age, that satisfactory, the service of such person has not been satisfactory, the Gover- nor in Council may, as to him seems fit, grant such person a superannuation allowance less than that to which he would have otherwise been entitled. R.S., c. 18, s. 9. 247 14. R.S., 1906. Chap. 17. Superannuation and Retirement. Part I. Gratuity when yearly allowance not earned. 14. If any person to whom this Act applies is constrained, from any infirmity of mind or body, to quit the Civil Service before the period at which a superannuation allowance might be granted him, the Governor in Council may allow him a gratuity not exceeding one month's pay for each year of his service ; and if any such person is so constrained to quit the service before such period, by reason of severe bodily injury, received without his own fault, in the discharge of his public duty, the Governor in Council may allow him a gratuity not exceeding three months' pay for every two years' service, or a superannuation allowance not exceeding one-fifth of his average salary during the then last three years. R.S., c. 18, s. 10. Compensa- tion if retirement compulsory. Limited. Payment of allowances. 15. If any person to whom this Act applies is removed from office in consequence of the abolition of his office for the purpose of improving the organization of the department to which he belongs, or is removed or retired from office to promote efficiency or economy in the Civil Service, the Governor in Council may grant him such gratuity or superannuation allowance as will fairly compensate him for his loss of office, not exceeding such as he would have been entitled to if he had retired in conse- quence of permanent infirmity of body or mind, after adding ten years to his actual term of service. R.S., c. 18, s. 11. 16. The allowances and gratuities granted under this Act shall, as to all persons appointed to the Civil Service previous to the first day of April, one thousand eight hundred and ninety-three, be payable out of the Consolidated Revenue Fund of Canada, and as to all persons appointed to the Civil Service on or after the last mentioned date, the same shall be payable out of the Civil Service Superannuation Fund, number two, hereinafter defined. R.S., c. 18, s. 15; 56 V., c. 12, s. 4. DEDUCTIONS. From salaries. 2 per cent. 11 per cent. 3 J per cent. 3 per cent. R.S., 1906. 17. A deduction towards making good the superannuation allowances hereinbefore mentioned shall be made from the salary of every person in the Civil Service appointed previous to the first day of April, one thousand eight hundred and ninety-three, at the rate of two per centum per annum on such salary, if it is six hundred dollars or upwards, and of one and one-quarter per centum per annum thereon if it is less than six hundred dollars, and the sum so deducted shall form part of the Consolidated Revenue Fund of Canada. R.S., c, 18, s. 6. 18. A deduction shall be made from the salary of every person appointed to the Civil Service on or after the first day of April, one thousand eight hundred and ninety-three, at the rate of three and one-half per centum per annum on such salary, if it is six hundred dollars or upwards, and of three 248 per Part I. Superannuation and Retirement. Chap. 17. I per centum per annum thereon if it is less than six hundred dollars, and such deduction shall be carried to the credit of a fund called the Civil Service Superannuation Fund, number two, to which shall be added by the Government annually such a sum as, upon an estimate or valuation thereof based upon the H. M. Mortality Table of the Institute of Actuaries of Great Britain and a rate of interest of six per centum per annum, may be sufficient to make the amount thereof equal to the value of the prospective annuities payable therefrom. 56 V., c. 12, s. 3. 19. The deductions mentioned in the last two preceding Deductions sections shall be made only during the first thirty-five years yeJrs^ser- of service. U.S., c. 18, s. 6. vice only. COMPULSORY RETIREMENT. 20. Retirement shall be compulsory on every person to When, whom the superannuation allowance hereinbefore mentioned is offered, and such offer shall not be considered as imply- ing any censure upon the person to whom it is made; nor shall any person be considered as having any absolute right to such allowance, but it shall be granted only in consideration No absolute of good and faithful service during the time upon which it is aibwance. calculated. R.S., c. 18, s. 8. 21. Nothing herein contained shall be understood as im- Right of dia- pairing or affecting the right of the Governor in Council to ^j^fj. umm ' dismiss or remove any person from the Civil Service. R.S., c. 18, s. 8. DISMISSAL. 22. The Governor in Council may, on the recommendation Deductions of the Treasury Board, pay to any person heretofore or here- ™paid. e after dismissed from the public service of Canada, who at the time of such dismissal was contributing to any civil service superannuation fund under the provisions of this Act, or who has contributed to any such fund or funds during thirty-five years of service, the whole, or such portion as the Governor in Council deems expedient of the amount so contributed by such person to such fund. 2. The Governor in Council may also, on the recommenda- With tion of the Treasury Board, in addition, pay to such person intere8t * interest to the date of such dismissal on the contributions so repaid, or any portion thereof, at such rate of interest, not exceeding five per centum per annum, and calculated in such manner, as the Governor in Council deeni> advisable. 60-.61 V., c. 15, ss. 1 and 2. 249 23. R.S., 1906. In discretion of Governor in Council. Chap. 17. Superannuation and Retirement. Part II. 23. Nothing in the last preceding section contained shall be construed to confer upon any person any right to demand or enforce the repayment of any amount contributed by him to any such fund, or any interest thereon, and all payments made under the last preceding section shall be wholly in the discretion of the Governor in Council. 60-61 V., c. 15, s. 3. In what cases. FORFEITURE OF ALLOWANCE. 24. Every person who receives a superannuation allowance, and is under the age of sixty years, and is not disabled by bodily or mental infirmity, may be called upon to fill, in any part of Canada, any public office or situation for which his previous services render him eligible, and which is not lower in rank or emolument than that from which he retired; and, if he refuses or neglects so to do, he shall forfeit his said allowance. R.S., c. 18, s. 12. REPORTS. Annual to Parliament. 25. The Minister of Finance shall lay before Parliament within fifteen days after the commencement of each session thereof, — (a) a statement of all superannuations and retiring allow- ances in the Civil Service within the year, giving the name and rank of eacli person superannuated or retired, his salary, age and length of service, the allowance granted to him on retirement, the cause of his superannuation and whether the vacancy has been subsequently filled, and if so, whether by promotion or by new appointment, and the salary of the new incumbent ; (b) a statement showing the condition of the Civil Service Superannuation Fund, number two, at the end of the last preceding fiscal year. R.S., c. 18, s. 16; 56 V., c. 12, s. 5. 26. The order in council made in any case of super- Order in laid before animation shall be laid before Parliament at its then current Parliament. or nex \ ensuing session. R.S., c. 18, s. 3. PART II. RETIREMENT FUND. Constituted. 27. There shall be a fund to be called the Retirement Fund maintained for the retirement, subject to the conditions and qualifications hereinafter contained, of the persons to whom this Part applies, which fund shall be constituted and made up as follows : — 250 (a) R.S., 1906. Part II. Superannuation and Retirement. Chap. 17. 7 (a) By the reservation out of the salary of each such person 5 per cent of five per centum of his salary ; reserved. (b) In tiie case of any person in the Civil Service previous to the first day of July, one thousand eight hundred and ninety-eight, to whom this Part applies, by the transfer in addition and placing to his credit in the Addition, fund of a sum equal to the amount of all deductions pre- viously made from the salary of such person under the authority of the Civil Service Superannuation Act with interest thereon compounded half yearly, at the rate of four per centum per annum. 2. The amount reserved in the case of each person together Separate with any sum transferred to his credit as in the preceding acc ° unt f °r subsection mentioned, shall be entered in a separate account, and interest at the rate of four per centum per annum, shall Interest, on the first days of January and July in each year, be computed on all sums to the credit of the Retirement Fund, whether principal or interest, and such interest shall be credited to the said sums and form part thereof. 61 V., c. 17, ss. 4 and 6. 28. No person shall, during his continuance in office, have No claim any claim or right to any part of the Retirement Fund. 61 V., p e r V i ce in c. 17, s. 7. 29. On the retirement or dismissal of any person, the Payment on amount to his credit in the Retirement Fund shall be payable reti r eme . nt r J or dismissal. to him : Provided that if he is, in the opinion of the Governor in Council, unfit to manage his own affairs, such amount may be dealt with for the benefit of such person, or of his wife or children or other next of kin, in such manner as the Governor in Council determines. 61 V., c. 17, s. 8. 30. If a person dies while in the Civil Service, the amount Payment on to his credit in the Retirement Fund shall be paid to his legal representatives, or to such person as the Treasury Board deter- mines. 2 E. VII., c. 6, s. 1. OTTAWA: Printed by Samuel Edward Dawson, Law Printer to the King's most Excellent Majesty. 25J R.S., 1906. CHAPTER 18. An Act respecting Government Civil Service Insurance. SHORT TITLE. 1 . This Act may be cited as the Civil Service Insurance short title Act. 56 V., c. 13, s. 1. INTERPRETATION. 2. In this Act, unless the context otherwise requires, — Definitions. (a) ' Minister ' means the Minister of Finance ; (b) ' insurance contract ' means any eontract whereby, under the authority of this Act, the Minister contracts with any person for the payment of a certain sum of money to be made upon the death of such person ; ( c) i the insured ' means any person so contracting with the Minister ; (d) ' insurance money ' means the amount so contracted to be paid by the Minister. 56 V., c. 13, ss. 2 and 3. 3. When it is stated in any insurance contract made under insurance the authority of this Act, or in a declaration endorsed thereon contract, or attached thereto, that the insurance contract is for the benefit of the wife and children generally, or of the children generally, of the insured, without specifying their names, then the word 1 children' shall mean all the children of the insured living at 'Children' the time of his death, whether by the same wife or by different defined. wives. 56 V., c. 13, s. 7. ADMINISTRATION. 4. The provisions of this Act shall be carried out by the Superintend- staff of the Department of Finance, under the direction and gu r anee. In supervision of the Superintendent of Insurance. 56 V., c. 1 •">. s. 16. INSURANCE CONTRACTS. 5. The Minister may contract with any person to whom Authorized, the Civil Service Superannuation Act applied on the first 253 day R.S., 1906. Chap. 18. Civil Service Insurance. Apportion- ment of insurance if the insured is a married man. If the in- sured is unmarried. How evidenced. Share of person dying before the insured. Declaration. If no declaration. If all the beneficiaries die. day of April, one thousand eight hundred and ninety-three, or who was thereafter appointed to a permanent position in any branch of the public service of Canada, for the payment of a certain sum of money to be made upon the death of such person. 56 V., c. 13, s. 3. 6. When the insured is a married man or a widower with children, the insurance contract shall be for the benefit of his wife, or of his wife and children, or of his wife and some one or more of his children, or of his children only, or of some one or more of them; and when the insurance contract is effected for the benefit of more than one, the insured may apportion the insurance money among them as he deems pro- per. 56 V., c. 13, s. 4. 7. When the insured is an unmarried man, the insurance contract shall be for the benefit of his future wife, or of his future wife and children, and the insured may apportion the insurance money among them in such manner as he sees fit ; but if, at the maturity of the contract, he is still unmarried. or is a widower without children, the insurance money shall fall into and become part of his estate. 56 V., c. 13, s. 5. 8. Any apportionment under the next two preceding sections may be made in the insurance contract, or by a declaration endorsed thereon or annexed thereto and signed by the insured. 56 V., c. 13, s. 6. 9. Where an apportionment has been made as hereinbefore provided, and one or more of the persons in whose favour the apportionment has been made die in the lifetime of the insured, the insured may, by an instrument in writing endorsed on or attached to the insurance contract, declare that the shares formerly apportioned to the persons so dying shall be for the benefit of the wife and children of the insured, or of one or more of them, as he sees fit. 2. In default of such declaration, the shares of the persons ; so dying shall be for the benefit of the survivor, or, if more than one, of the survivors of the wife and children of the insured in equal shares. 3. If all the persons so entitled die in the lifetime of the insured, the insurance money shall fall into and become part of the estate of the insured. 56 V., c. 13, s. 8. If no ap- 10. When no apportionment is made of the insurance money portionment ns hereinbefore provided, all persons interested shall be held is made. to share equally therein. 56 V., c. 13, s. 9. Minister may 11. The Minister may decline to enter into an insurance decline to contract in any case where there are, in his opinion, sufficient grounds for his declining to do so. 56 V., c. 13, s. 10. 254 12. insure. RS., 1906. Civil Service Insurance. Chap. 18. 3 12. The Minister shall cause tables to be constructed Tables to be ... . . . . constructed fixing the premiums to lie paid by the insured to the Minister as the consideration for such insurance contracts, and also all other tables necessary for the carrying out of the provisions of this Act. 2. All such tables shall be based on the II. M. Mortality Basis of Table of the Institute of Actuaries of Great Britain, and on same - a rate of interest of six per centum per annum, no allowance being made for expo- ses. 3. Such tables shall be framed so that the premium to obtain Premiums an insurance contract may be paid in one sum, or in annual, ' P a y able semi-annual, quarterly, or monthly instalments, and either dur- ing the life of the insured or during a limited period. 56 V., c. 13, s. 11. 13. The minimum and maximum amounts payable at death Amount of which may be contracted for under this Act shall be one United. 6 thousand dollars and two thousand dollars respectively. 56 V., c. 13, s. 12. 14. Every applicant for insurance shall furnish with his Medical application a medical certificate in such form as is prescribed certlf by the Minister. 56 V., c. 13, s. 13. 15. The Governor in Council may, for the purposes of this Regulations. Act, from time to time make regulations for, — ^ ^™™ T (a) regulating the mode and form of making contracts; (b) prescribing the mode of proving the age, identity, and the existence or death of persons; (c) prescribing the mode of paying money in connection with insurance contracts ; (d) dispensing with the production of probate of a will or letters of administration, either generally or in any parti- cular class of cases ; (e) prescribing the accounts to be kept and their manage- ment ; (f) determining beforehand the cases or classes of <■. in which an insurance contrad may be surrendered and a cash surrender value paid therefor, or a free or paid-up insurance contract issued instead thereof, and for prescrib- ing the manner in which Bucb cash surrender value or amount of paid-up insurance shall be determined; and. (g) any other purpose for which it i- deemed expedienl make regulations in order to carry this Act into effect. 56 V., c. 13, s. 14. SUPERANNUATION DEDUCTIONS. 16. In the event of any person to whom the Civil Services ,,., Superannuation Acl applied on the first day of April, on 1 * * , oil] »«T thousand eight hundred and ninety-three, taking advantage ,,,• 255 U.S.. L906. Chap. 18. Civil Service Insurance. of the provisions of this Act, a deduction at the rate of three per centum per annum shall be made from the salary of Buch person towards making good the superannuation allowance provided for by the said Act, such deduction to be instead of the deduction of two per centum per annum and one and one- quarter per centum per annum respectively at the last mentioned date payable under the said Act. 56 V., c. 13, s. 15. REPORT. Annual 17. The" Superintendent of Insurance shall, within three report. months after the close of each fiscal year, prepare for the Minister a statement showing the amount received for pre- miums during the last fiscal year for all insurance contracts entered into previous to the said date, the amount of all sums paid in connection therewith during the said period, also the number of new contracts entered into since the previous state- ment and the gross amount thereof, with such further details and particulars as are deemed advisable. To Parlia- 2. The Minister shall lay the said statement before Parlia- ment, n ient within thirty days after the commencement of the session thereof next after the date of the said statement. 5G V., c. 13, s. IT. OTTAWA: Printed by Samuel Edward Dawson, Law Printer to the King's most Excellent Majesty. 256 E.S.,1906. CHAPTER 19. An Act respecting Public Officers. SHORT TITLE. 1. This Act may be cited as the Public Officers Act. Short title - INTERPRETATION. 2. In this Act, unless the context otherwise requires, ' bond ' ' Bond.' includes securities other than bonds. COMMISSIONS. 3. The Governor in Council may make regulations declaring Regulations, and determining what dignitaries, officers or classes of officers, or persons in the public service of Canada, appointed under orders in council shall receive commissions under the Great Seal or under the Privy Seal respectively, and what fee shall be paid thereon ; and such commissions may be issued to the dignitaries, officers and persons who have not received and are declared entitled to receive them; but nothing done under this section shall affect any commission issued before the commence- ment of this Act. 56 V., c. 14, s. 1. 4. Commissions issued under the foregoing provisions of this Registration. Act shall be recorded in the office of the Registrar General of Canada, and notice of 4he appointments shall be inserted in the Canada Gazette by the Secretary of State, and a list of such Publication, commissions issued during the year shall be laid before Parlia- ment within the first fifteen days of its next ensuing session in each year. R.S., c. 19, s. 2. TIME AND MANNER OF GIVING AND EFFECT OF SECURITY. 5. Every person who is required to give security by reason Officers who of being appointed to any civil office or employment or commis- bonds 8 " sion in any public department of the Government of Canada, or to any office or employment of public trust, or wherein hie ia con- cerned in the collection, receipt, disbursemenl or expenditure of any public money under the Government, shall give and enter into a bond for the due performance of the trusl 17 257 reposed R.S., 1906. Chap. 19. Public Officers. With sureties. When. Form. Effect Recitals. Changes in form. Bonds not complying with form. Lien. reposed in him, and for his duly accounting for all public moneys entrusted to him or placed under his control, in such manner and with such sureties as are approved of by the Gover- nor in Council, or by the principal officer or person in the office or department to which he is appointed, — (a) within one month after notice of such appointment if he is then in Canada; or, (b) within three months after such notice if he is then absent from Canada ; or, ( c) if, at the time of such notice, he is absent from Canada, within one month after he arrives in Canada, if he shall so arrive within three months of such notice. U.S., c. 19, s. 5. 6. Whenever any person is required, under this Act or under any Act of the Parliament of Canada, or by any order of the Governor in Council, to give security for the due performance of the duties of any office to which he has been or is about to be appointed, such person may either solely, or together with sure- ties, as the case may be, give such security by bond to His Majesty in the form A in the schedule to this Act, or to the like effect. "R.S., c. 19, s. 6. 7. Whenever a bond made according to the form A set forth in the schedule to this Act, or any other bond expressed to be made in pursuance of this Act, or referring thereto, contains the form of words set forth in column one of the said form, such bond shall be construed and have the same effect as if it con- tained the form of words set forth in column two of the said form. R.S., c. 19, s. 7. 8. Any recitals may be inserted prior to the condition of the bond, and the feminine gender may be substituted for the masculine, or the plural number for the singular, or vice versa, in the first column of the said form, and corresponding changes shall, in such case, be taken to be made in the corresponding form in the second column; and any express exceptions or quali- fications or additions, made, introduced or annexed in the first column, shall be taken to be made in the corresponding form in the second column. R.S., c. 19, s. 8. 9. Any bond or part of a bond which does not take effect by virtue of the three sections of this Act last preceding, shall nevertheless be as effectual to bind the obligors therein, so far as the rules of law and equity will permit, as if the said sections had not been passed. R.S., c. 19, s. 9. 10. No bond given by any person, under this Act, to His Majesty, His heirs or successors, shall constitute any other or greater lien or claim upon the lands or tenements, goods or chattels of such person, than if such bond had been given to one of His Majesty's subjects. R.S., c. 19, s. 11. 258 11. R.S., 1906. Public Officers. Chap. 19. 3 11. Every surety in any such bond shall make an affidavit Affidavits of in the form B, in the schedule to this Act, or to the effect there- ^attesting of, before a justice of the peace; and the execution of every witness, such bond shall be proved as to each person executing the same by an affidavit of the attesting witness, made in the form C, in the schedule to this Act, before a justice of the peace. R.S., c. 19, s. 10 and sch. REGISTRATION". 1 12. Every such bond, with the several affidavits thereunto Deposit and annexed, shall be recorded at full length in the Department [. eco J fl of of the Secretary of State of Canada, in the manner herein- after mentioned; and the original bond and the affidavits thereunto annexed shall, after such registration, be deposited in the said Department. 2. Such registration and deposit shall be made within one Within what month after the bond is entered into or given, if the person time - on whose behalf it is entered into or given resides or is in Canada; and if he is absent from Canada, then within three months after the bond is entered into or given, unless such person arrives sooner in Canada, and then within one month after his arrival. R.S., c. 19, s. 10. 13. The Secretary of State shall make an entry, and shall. Entry and if required, give a certificate, in writing, under his hand and ccr ' ca e ' seal, of every such bond brought to him to be registered as aforesaid, and therein shall mention the day on which such bond is so registered, expressing also in what book, page or number the same is recorded. 2. The Secretary of State shall, for the purpose of so Register, registering bonds, provide a separate register, every page of which, and every bond recorded in which, shall be numbered : and the day of the month and year when every such bond is registered shall be entered in the margin of the said register, and in the margin of the bond. 3. The Secretary of State shall keep separate alphabetical ln,icx lists of the names of the principals and of the names of the sureties mentioned in such bonds, with reference to the book, page or number where the bonds containing such names arc to be found, and shall enter ami register the said bonds in the order of time in which they respectively come to his hands. R.S., c. 19, s. 11. 14. Every such bond shall be endorsed with the following Endorse- particulars, certified by the Secretary of State: — (a) The date of the bond ; (b) The date of its receipt by the Secretary of Stat (c) Tin 1 names of the principals ami sureties ami the amount for which each is bound ; IT 1 , J .v.. (d) C.S.. 1906. Chap. 19. Public Officers. Time reckoned from last execution. Non-compli- ance not to invalidate. (d) The office for the faithful discharge of the duties whereof the bond is given ; (e) The registration number; (f) The folio on which the bond is entered in the register of bonds ; (g) The folio and book in which the bond is recorded in the office of the Secretary of State. R.S., c. 19, sch. 15. When the securities of the principal and sureties have been executed at different times, whether they were taken in one and the same bond, deed or other instrument, or in differ- ent ones, the period limited for registering and depositing such securities, shall be estimated from the time of execution thereof by the person who was the last to execute any such bond, deed or other instrument. U.S., c. 19, s. 18. 16. ISTo neglect, omission or irregularity, in giving or receiving any bond or in registering or endorsing the same, within the periods or in the manner prescribed by this Act,. shall vacate or make void any such bond, or discharge any surety from the obligation thereof. R.S., c. 19, s. 19. Registration 17. All bonds hereby required to be registered and deposited, after delay sna ^ De registered and deposited by the proper officer, notwith- expired. standing the period prescribed for registering and depositing the same has expired; but no such registering and depositing of any bond shall be deemed to waive any forfeiture or penalty, Penalty not or to exempt the person on whose behalf the same is registered waived. an( j d e p 0S ited from any forfeiture or penalty under this Act. R.S., c. 19, s. 20. HOW A SUKETY MAY TERMINATE HIS RESPONSIBILITY. By notice. 18. Any person who has become surety to the Crown for the due accounting for public moneys, or the proper perform- ance of any public duty, by any person from whom such security is required, may, when no longer disposed to continue his responsibility as such surety, give notice thereof to his principal and also to the Secretary of State, and all accruing responsibility on the part of such person as surety shall cease at the expiration of three months from the receipt of the last of such notices, or upon the acceptance by the Crown of another surety in his place, whichever shall first happen. R.S., c. 19, s. 14. Forfeiture of office. CONSEQUENCES OF NOT GIVING SECURITY. 19. If any person, who, by reason of his appointment to- or his holding of any civil office, employment or commission in any public department, or office of public trust, or who, by reason of being concerned in the collection, receipt, disburse- 2G0 ment R.S., 1906. Public Officers. Chap. 19. 5 ment or expenditure of any public money, is required or bound to give any security, or to register and deposit any bond, neglects to give such security, or to cause such bond to be duly registered and deposited in the manner and within the period in this Act prescribed, he shall be liable to forfeit the appointment, office, commission or employment, in respect whereof such security should have been given and such bom] registered and deposited as aforesaid ; and such forfeiture shall take effect from and after the time when the Governor General declares the same to have taken effect under this Act. 2. No such forfeiture shall take place by reason of any Exception if such bond not being registered or deposited, if the proper bond lost - sureties have been given and the proper bond made out, and the failure of registry and deposit has arisen from the loss of such bond in the transmission thereof from a distance; but in every such case a new bond, specifying the reason of such $ ew Dond delay, shall be made out and signed, registered and deposited, within the like period after the person giving such security receives notice of the loss, (regard being had to the place where he then is), as would have been required by this Act for the registry thereof, if such loss had not^ occurred. U.S., c. 19, s. 12. 20. Every such person, who has given any bond, with Notice of sureties for the due execution of the trust reposed in him. of Surety. '' or for duly accounting for public moneys coming to his hands, shall give notice, in writing, to the Secretary of State, or to the principal officer or person of the department to which he belongs, of the death, bankruptcy, insolvency, or residence out of Canada, of any surety or person bound for or with him in any such bond. 2. Such notice shall be given within one month after the Within what fact comes to the knowledge of such person, if he then is time - or resides in Canada, or within three months if he is out of Canada, unless he sooner arrives in Canada, and then within one month after such arrival; and any person who Penalty for neglects to give such notice within the period limited therefor, neglect, shall forfeit, to the use of His Majesty, one-fourth part of the sum for which the surety so dead, bankrupt, insolvent or resident out of Canada, became security, recoverable in any court of competent jurisdiction, at the suit of the Crown. R.S., c. 19, s. 13. 21. Every person who has given any bond with sureties New surety for the due execution of the trust reposed in him, or for duly \°fc£ pro ' accounting for public moneys coming to his hands shall, upon the death, bankruptcy, insolvency or residence out of Canada of any such surety, and after giving the notice by the preceding subsection required, within one month, if such person is then in Canada, or within three months if he is thon 26] abs R.S., 1906. Chap. 19. Public Officers. absent from Canada, unless he sooner arrives in Canada, and then within one month after such arrival, substitute for the surety so dead, bankrupt, insolvent or resident out of Canada, another surety, to be approved in like manner, and shall, within the like period after the bond of such new surety is entered into or given, cause such bond to be duly registered and deposited ; otherwise such person shall be liable to forfeit the appointment, office, commission or employment in respect whereof such fresh security ought to have been given ; and such forfeiture shall take effect from and after the time when the Governor General so declares. R.S., c. 19, s. 13. 22. Whenever under the provisions hereinbefore contained any surety gives notice to his principal and also to the Secretary of State that he is no longer disposed to continue his responsi- bility, the principal shall, within one month from the receipt of the last of such notices furnish another surety, and register and deposit the bond of such new surety, or in default of so doing, shall be liable to forfeit and be deprived of the appoint- ment, office, commission or employment in respect whereof such new surety ought to have been given, and such new bond registered and deposited as aforesaid ; and such forfeiture shall take effect from and after the time when the Governor General so declares. R.S., c. 19, s. 14. Absence of^ 23. No act of any public officer of Canada, whose security to invalidate has been given, registered or deposited, or whose affidavit of acts. justification has been filed after the time limited by this Act, shall by such default be void or voidable. R.S., c. 19, s. 17. 24. The forfeiture or avoidance of the appointment, office, commission or employment of any person under the authority of this Act shall not annul or make void any act or order or other matter or thing done by such person during the time he actually held such appointment, office, commission or employ- ment. R.S., c. 19, ss. 12, 13 and 14. When surety fives notice. Forfeiture unless new surety is provided. Forfeiture of office not to invalidate previous acts. Where no wilful neglect. Extension of time. POWERS OF GOVERNOR IN COUNCIL TO REMIT FORFEITURES AND EXTEND TIME. 25. The Governor in Council may remit the forfeiture or penalty in any case in which the failure to give security, or to register and deposit any bond under this Act, has not arisen from any wilful neglect of the person bound to give, register or deposit the same. R.S., c. 19, s. 15. 26. The Governor in Council may extend the time for furnishing a new surety if it appears that the period herein- before limited therefor is in consequence of accidents or special circumstances insufficient, or that further time will be necessary to enable a new surety to be given by reason of illness, distance 262 or U.S., 1906. Public Officers. Chap. 19. 7 or loss of letters; or by reason of the refusal of any person to become surety, or any person offered as surety not being deemed eligible and being rejected. 2. Such extended period shall in no case exceed two months ; Two months, and the precise period proposed to be allowed, together with the special grounds for allowing the same, shall be either entered Registration, in the book in which the original security has been registered, or endorsed on the back of the original bond itself. 3. The person required to give such new surety shall not be No forfeiture, subject to any forfeiture or penalty for not giving the same within the time limited by this Act, if he gives such new surety within the extended period so allowed. R.S., c. 19, s. 15. 27. The Governor in Council may approve of the security Governor in given, or the affidavit of justification filed by any public officer ^p"™^ may although the same has been given or filed after the time limited by this Act; and in such case the appointment, office, commis- sion, or employment of such public officer shall not be deemed to have been forfeited by such default, but to have remained and to remain in full force and effect. U.S., c. 19, s. 16. REGULATIONS. 28. The Governor in Council may direct that, whenever any Securities person is required to give security for the due performance of ^j^™^ be his office, trust or employment, or for duly accounting for public moneys entrusted to him or placed under his control, or for the due fulfilment of his duties in any respect, or for the perform- ance of any obligation undertaken towards the Crown, — (a) the bond or policy of guarantee of any incorporated Guarantee company, named by order in council, and empowered to poiicf e8 ° r grant guarantees, bonds, covenants or policies for the integrity and faithful accounting of public officers or other like purposes ; or, (b) a conditional assignment of a deposit standing in the Assignment name of any public ofiicer, required to give security, in the of de P° 8lt - books of the Post Office or any other Government savings bank ; may be accepted as such security upon such terms as are deter- mined by the Governor in Council. 2. In the case of any such assignment of a deposit the interest Payment of upon the deposit shall be payable to the depositor until for- d^posUor. feiture of the security, in like manner as if no such assignment had been made. 61 V., c. 16, s. 1. 29. The Governor in Council may direct that in all cases, Premiums or in any case or class of cases in which the bend or policy of J^ed e from guarantee of a company is accepted as such gecurity, the money officer's necessary to pay the premium upon such bond or policy may he w deducted from the salary or pay <'f the person or persona for 263 whom K.S., 1906. Chap. 19. Ptiblic Officers. Indemnity fund may be established. To whom applicable. whom the security is given, either by monthly instalments or otherwise. 61 V., e. 16, s. 1. 30. The Governor in Council may from time to time make regulations for the establishment and maintenance of a fund to be derived from moneys contributed by, or deducted from the salaries or pay of the persons concerned, wherewith to make good to the Crown any loss sustained by reason of the default of any person required to give security. 61 V., c. 16, s. 1. 31. Such regulations may apply generally to all persons required to give security or to any class or classes of such per- sons, and, if the Governor in Council thinks fit, may provide, as to all or any of such persons or classes of persons, that the security afforded by such fund shall be in substitution or in partial substitution for the security required to be given by any such persons or classes of persons. 61 V., c. 16, s. 1. Statement of bonds to be laid before Par- liament. REPORT. 32. The Secretary of State shall cause to be prepared, for the information of the Parliament of Canada, within fifteen days after the opening of every session thereof, a detailed state- ment of all bonds registered at his office, and of any changes or entries that have been made in reference to the names and resi- dences of any sureties, and of the amounts in which sureties have become severally liable, since the period of the last previous return submitted to the Parliament. K.S., c. 19, s. 23. SCHEDULE. R.S V 1906. Form A. Know 7 all Men by these Presents, that We, of the of , in the county of , in the province of in the Dominion of Canada (hereinafter called ' the principal ') ; and of the , of , in the of , in the province of , and of the said of (hereinafter called 'the sureties'), are respectively held and firmly bound unto our Sovereign Lord the King, His heirs and successors, in the respective penal sums following, that is to say : — The principal in the sum of dollars of lawful money of Canada, and each of the sureties in a sum of dollars of like lawful money, to be paid to our said Sovereign Lord the King, His heirs and successors, for which said respective payments, well and faithfully to be made , we 264 severally. Public Officers. Chap. 19. severally, and not jointly, or each for the other, bind our- selves, and our respective heirs, executors and administrators, firmly by these presents, sealed with our respective seals. Dated this day of in the year of Our Lord one thousand nine hundred and and in the year of His Majesty's reign. Whereas the principal, having been appointed to the office or employment of is required by law to give security to the Crown for the due performance of the duties appertaining thereto; and the sureties have consented to become his sureties for such his performance of the said duties; and this bond is given in pursuance of the Public Officers Act: — COLUMN ONE. COLUMN TWO. Now the condition of this obligation Now the condition of the above is that if the principal faithfully dis- obligation is such that if the prin- charges the duties of the said office, cipal so appointed to the said office and duly accounts for all moneys and or employment as aforesaid, do and property which come into his custody shall, from time to time and at all by virtue of the said office, this obli- times, so long as he shall hold the gation shall be void. Signed, sealed and j delivered in the , presence of J 265 said office or employment, or be and remain charged with the actual discharge of the duties appertaining thereto, or any of them, faithfully, honestly, and diligently, — (a) Do, perform, fulfil and discharge all and every such duties, in every respect, in accordance with the laws now in force in that behalf, as also all and singular such other duties as, by competent authority in that behalf, now are or hereafter shall or may be attached to the said office or employ- ment, or imposed upon or required to be performed by the incumbent for the time being of the said office or employment, whether such last men- tioned duties are regulated or imposed by any Act or Acts heretofore passed by the respective legislatures of the late province of Canada, or of either of the provinces of Nova Scotia, New Brunswick, British Columbia or Prince Edward Island, or which have been or may hereafter be passed by the Parliament of the Dominion of Canada, or by any ordinance, order in council or regulations made under any such Act, or by any law otherwise in force in Canada, and whether such duties are extended, increased or otherwise varied or altered by any such Act or Acts, so to be passed, or by any such ordinance, order in council or regu- lations or any such law as aforesaid, or are regulated or imposed, or are extended, increased or otherwise varied or altered by competent authority ; and, (&) Duly account for and pay over all such moneys or securities for money or valuable securities or property as shall come into his hands, custody or control, by virtue of or in consequence of his holding the said office ; And further, if the principal upon his removal from, or his resignation of R.S., 1906. 10 Chap. 19. Public Officers. of the said office or employment, or if, in the event of his death during his tenure of the said office or em- ployment, his legal representatives, or some or one of them, do and shall quietly surrender and deliver up the same, and all the moneys, securities for money, valuable securities, or property, books, papers, instruments, instruc- tions, maps, plans, letters and writings, and other things whatever, which then may be, or ought to be, in his posses- sion, custody or keeping, by virtue of or in consequence of his holding the said office, or anything relating or in any wise appertaining thereto ; Then the above obligation shall be null and void and of no effect ; other- wise the same shall be and remain in full force and virtue. AFFIDAVITS TO BE ANNEXED TO THE BOND. Form B. Province of of To wit: ] I, A.B., the obligor (or one of the ! sureties), in the above bond or writing i obligatory named, make oath and say, as follows : — 1. I am seized and possessed to my own use of real (or real and personal) estate in the province of , in Canada, of the actual value of $ , over and above all charges upon or encumbrances affecting the same. 2. My post office address is as follows: — Sworn before me, at in the of this day of A.D. 19 . a J. P. for the A separate affidavit to be made by the obligor and by each surety. K.S., 1906. Form C. Affidavit of Witness. Province of ^ I, of y of the of , in the To wit : - J of in the province of , make oath and say that I was personally present, and did see the obligors in the above bond or writing obligatory named, 266 duly Public Officers. Chap. 19. duly execute the said instrument by signing, sealing, and, as their respective acts and deeds, delivering the same ; and that I am a subscribing witness to such execution. Sworn before me, at in the of this day of 19 a J. P. for the A.D. 11 A separate affidavit in this form shall be made by a witness to the execution by each obligor, if the same person does not witness the execution by all of them. U.S., c. 19, sch. OTTAWA: Printed by Samuel Edward Dawson, Law Printer to the King's most excellent .Majesty. l'.;t R.S., 1906. CHAPTER 20. An Act respecting certain contingent Charges of the Departments of the Public Service. 1. This Act may be cited as the Contingencies Act. R.S., Short title - c. 20, s. 1. 2. This Act shall apply as well to the outside service of the Applica- several departments as to the service of the departments at the seat of government. R.S., c. 20, s. 13. 3. The contingencies of each department of the Civil Service What con- mean and include only — ^K" (a) subscriptions to and advertising in newspapers; (b) the purchase of maps, etc. ; (c) telegraphing; (d) postages, freight and express charges ; (e) wages of charwomen, and other expenses of cleaning offices ; (f) travelling expenses, including cab-hire; (g) extra clerks, to the extent sanctioned by the Civil Ser- vice Act ; (h) petty expenses, not exceeding in any department a sum apportioned by order in council. U.S., c. 20, s. 2. 4. Whenever any contingency is required by a department, Requisitions, whether for an article to be furnished or service to be performed, the deputy head of the department shall apply therefor by requisition, in writing, to the person by whom the same is to be furnished or performed ; and such requisition shall, whenever it can be so made, be antecedent to the delivery of the article or performance of the service. R.S., c. 20, s. 3. 5. Every account rendered to the deputy head of a depart- Certificates ment to be certified, shall be accompanied by the original requi- paymen . sition, in 'respect of which such account accrued, and, when certified by him, shall be forwarded for payment to an officer of the Department of Finance, who shall be called the Account- ant of Contingencies, and, except as hereinafter mentioned, shall then be paid by him. R.S., c. 20, s. 4. 6. Every such certificate shall expressly state that each item What the certificate shall state. contained in the account has been incurred by the authority and ct 269 upon R.S., 1906. Chap. 20. Contingencies. Investigation of accounts. upon the order of either the head or deputy head of the depart- ment, and that the articles or services charged for have been received or performed, and that the prices charged are in'the opinion of the deputy head, severally fair and just, and that the expenditure incurred is necessary for the public service ; but the Accountant of Contingencies shall nevertheless investigate the account, and ascertain the correct price before paying the same. 2. The Treasury Board shall, from time to time, prescribe the mode of investigating accounts, and the standard by which the correct price shall be ascertained by the Accountant of Con- tingencies before such payment. U.S., c. 20, s. 5. Reference to y g jf ft appears to the Accountant of Contingencies that any eral and the such account is for a purpose not included under the definition Treasury £ contingencies, or that it is in excess of the amount for which authority has been given, or that the amount, or any part thereof, has been previously paid, or that there is any other error therein, he shall withhold payment, and submit the account to the Auditor General; and if the Auditor General, after confer- ence with the deputy head of the department signing the requi- sition, is of opinion that there is any irregularity in the same, he shall submit it to the Treasury Board before payment. E.S., c. 20, s. 6. Mon t h b y aC " *** ^e deputy nea ^ °f eacn department shall submit to the deputy head, head thereof, monthly, an account in detail of the expenditure for contingencies, during the month. U.S., c. 20, s. 7. Accounts of advances. 9. The Accountant of Contingencies shall submit, monthly, through the Auditor General, to the Treasury Board, a state- ment of all sums which have been paid in advance and to be accounted for, and which remained unaccounted for at the end of the last preceding month. U.S., c. 20, s. 8. Monthly ac- count to Auditor General. 10. The Accountant of Contingencies shall render to the Auditor General, monthly, a statement, in detail, accompanied by vouchers, of all sums paid by him during the month, and of all moneys received, with a bank certificate of the balance at his credit at the end of the month. R.S., c. 20, s. 9. Estimates.. H, The estimates for contingencies of each department shall be prepared and submitted to Parliament separately,, but may be voted in one sum, and in that case, and so soon as conveniently may be after the same have been voted by Parliament, the Expenditure. Governor in Council shall assign a certain sum for defraying the contingencies of each department, reserving a certain amount for general expenses, not specially applicable to any individual department, to be expended upon requisition and certificate of the Secretary of the Treasury Board, in such man- 270 ner RS., 1906. Contingencies. Chap. 20. 3 ner as is hereinbefore provided, in respect to the contingencies of any department. R.S., c. 20, s. 10. 12. All matters connected with the superintendence of the Government Government buildings, at the seat of government, other than bu 'ldings. the heating, maintenance and repairs thereof, shall be in charge of the Accountant of Contingencies, under the Treasury Board, and such Board shall make regulations in respect thereof, sub- ject to the approval of the Governor in Council. R.S., c. 20, s. 11. 13. An account shall be laid before Parliament each year, Account to showing the amount expended under the several heads of scr- Parlia- vice herein specified as included in contingencies. R.S., c. 20, men ' s. 12. OTTAWA: Printed by Samuel Edward Dawson, Law Printer to the King's most Excellent Majesty. 271 R.S., 1906. CHAPTER 21. An Act respecting the Department of Justice. 1. This Act may be cited as the Department of Justice Act. Short title. 2. There shall be a department of the Government of Department constituted Canada, which shall be called the Department of Justice over which the Minister of Justice of Canada, for the time being, appointed by the Governor General by commission under the Great Seal, shall preside. 2. The Minister of Justice shall, ex officio, be His Majesty's Minister of Attorney General of Canada, and shall hold office during i^f 1 ^ to be pleasure, and shall have the management and direction of the c.eneral. Department of Justice. R.S., c. 21, s. 1. 3. The Governor in Council may also appoint an officer Deputy who shall be called the Deputy Minister of Justice and such Mmister - officers, clerks and servant? as are requisite for the proper con- Officers. duct of the business of the department, all of whom shall hold office during pleasure. R.S., c. 21, s. 2. 4. The Minister of Justice shall, — Duties of (a) be the official legal adviser of the Governor General and justice. the legal member of His Majesty's Privy Council for Canada ; (b) see that the administration of public affairs is in accordance with law; (c) have the superintendence of all matters connected with the administration of justice in Canada, not within the jurisdiction of the governments of the provinces; (d) advise upon the legislative Acts and proceedings of each of the legislatures of the provinces of Canada, and gener- ally advise the Crown upon all [natters of law referred to him by the Crown ; (e) have the superintendence of the penitentiaries and the prison system of Canada ; (f) he charged generally with such other duties as are at any time assigned by the Governor in Council to the Minister of Justice. R.S., c. 21, ss. •"> and 4. 18 273 5. R.S., 1906. 2 Chap. 21. Department of Justice. Hi s p°™ 5. The Attorney General of Canada shall, — Attorney (<*■) be entrusted with the powe.o and charged with the General. duties which belong to the office of the Attorney General of England by law or usage, so far as those powers and duties are applicable to Canada, and also with the powers and duties which, by the laws of the several provinces, belonged to the office of Attorney General of each province up to the time when The British North America Act, 1867 , came into effect, so far as those laws, under the provisions of the said Act, are to be administered and carried into effect by the Government of Canada; (b) advise the heads of the several departments of the Gov- ernment upon all matters of law connected with such departments ; (c) be charged with the settlement and approval of all instruments issued under the Great Seal of Canada; (d) have the regulation and conduct of all litigation for or against the Crown or any public department, in respect of any subject within the authority or jurisdiction of Canada ; (e) be charged generally with such other duties as are at any time assigned by the Governor in Council to the Attorney General of Canada. E.S., c. 21, s. 4. OTTAWA: Printed by Samuel Edward Dawson, Law Printer to the King's most Excellent Majesty. 274 K.S., 1906. CHAPTER 22. An Act respecting the Solicitor General of Canada. 1* This Act may be cited as the Solicitor General's Act. Short title. 2. The Governor in Council may appoint an officer who shall -Appointment be called the Solicitor General of Canada and who shall assist of SoHdtor the Minister of Justice in the counsel work of the Department General, of Justice, and shall be charged with such other duties as are at any time assigned to him by the Governor in Council. 50-51 V., c. 14, s. 1. OTTAWA: Printed by Samuel Edward Dawson, Law Printer to the King's most Excellent Majesty. 18^ 275 R.S., 190G CHAPTER 23. An Act respecting the Department of Finance and the Treasury Board. SHORT TITLE. 1. This Act may be cited as the Department of Finance and ghort title Treasury Board Act. DEPARTMENT OF FINANCE. 2. There shall be a department of the Government of Canada, p e part- which shall be called the Department of Finance, over which rnent consti- the Minister of Finance and Receiver General for the time being, appointed by the Governor* General by commission under the Great Seal of Canada, shall preside ; and the said Minister shall hold office during pleasure and shall have the management and direction of the Department. R.S., c. 28, s. 2. 3. The Department of Finance shall have the supervision, Duties of control and direction of all matters relating to the financial ^^ rt " affairs and public accounts, revenue and expenditure of Canada, which are not, or in so far as they are not, by law, or by order of the Governor in Council, assigned to any other department of the Government, and such other duties as are, from time to time, assigned to it by the Governor in Council. R.S., c. 28, s. 3. 4. The Governor in Council may appoint an officer who shall Deputy Mm- be called the Deputy Minister of Finance and Receiver General, j^n^e. and such officers, clerks and servants as are requisite for the proper conduct of the business of the Department, all of whom shall hold office during pleasure. U.S., c. 28, s. 4. 5. The Deputy Minister of Finance shall, under the Mini-tor His duties, of Finance, keep the accounts with the financial agents of Canada in England, and with the bank or banks receiving or paying public money-, and the accounts of money- paid for interesl on < 'anadian stock, debentures or other ( lanadiau securi- ties. U.S., c. 2s, s. ;.. 6. The Deputy Minister of Finance shall classify all appro- Appropna- priations of public money- ami keep posted up a 1 k to be tlon book - 277 called R.S.. 1906. Chap. 23. Finance and Treasury Board. Certain re- turns to be sent to the Deputy. Distribu- tion of business. How constituted. Functions. Chairman. Secretary. Account books. called the appropriation book, containing an account, under separate and distinct heads, of every such appropriation, whether permanent or temporary, entering under each head the amounts drawn on account of such appropriation with the dates and names of the persons to whom payments are made; and shall, under the Minister of Finance, keep the public accounts of Canada. R.S., c. 28, s. 6. 7. All returns and statements required from savings banks, chartered or other banks, and all other institutions required to make financial statements or returns, shall, when no other pro- vision is made in that behalf, be transmitted to the Deputy Minister of Finance. R.S., c. 28, s. 7. 8. All officers and clerks of and in the Department of Finance shall respectively have and perform such duties as are assigned to them by law or by the Governor in Council, or by the Minis- ter of Finance, and such arrangements, distribution or union of the various duties, functions and business devolving on the several branches of the said Department, or such amalgama- tion thereof, may be made, as the Minister of Finance, with the approval of the Governor in Council, from time to time directs. R.S., c. 28, s. 8. TREASURY BOARD. 9. There shall be a board to be called the Treasury Board, consisting of the Minister of Finance and any five of the minis- ters belonging to the King's Privy Council for Canada, to be nominated from time to time by the Governor in Council. R.S., c. 28, s. 9; 50-51 V., c. 13, s.'l. 10. The Treasury Board shall act as a committee of the King's Privy Council for Canada, on all matters relating to finance, revenue and expenditure, or public accounts, which are referred to it by the Council, or to which the Board thinks it necessary to call the attention of the Council, and shall have power to require from any public department, board, officer, or other person, bound by law to furnish the same to the Govern- ment, any account, return, statement, document, or information which the Board deems requisite for the due performance of its duties. R.S., c. 28, s. 9. 11. The Minister of Finance shall be the Chairman of the Treasury Board; and the Deputy Minister of Finance shall be ex officio the Secretary thereof, and through him the Board shall communicate with any public department, officer, or other person. R.S., c. 13, s. 10. 12. A plan of account books and accounts, adapted to the requirements of each department or branch of the public ser- 278 • vice, R.S., 1906. Finance and Treasury Board. Chap. 23. I vice, in order to exhibit in a convenient form the whole of the receipts and payments in respect of each vote, shall be designed under the superintendence of the Treasury Board; and the Governor in Council may, on report from the Treasury Board, prescribe, from time to time, the manner in which each depart- Manner of ment of the public service shall keep its accounts. R.S., c 28, keeping, s. 11. 13* The Treasury Board may direct any officer or person statistical employed in collecting, managing or accounting for any branch information, of the revenue, to keep any books or accounts which it deems advisable to direct to be kept for the purpose of obtaining and furnishing any statistical information concerning the trade or commerce of Canada, the public works thereof, or other matters of public interest. R.S., c. 28, s. 12. OTTAWA: Printed by Samuel Edward Dawson, Law Printer to the King's most Excellent Majesty. 279 R.S., 1906. CHAPTER 24. An Act respecting the Public Revenue, the raising of Loans authorized by Parliament, and the auditing of the Public Accounts. SHORT TITLE. 1. This Act may be cited as the Consolidated Revenue Short title. and Audit Act. R.S., e. 29, s. 1. INTERPRETATION. 2. In this Act, unless the context otherwise requires, — Definitions. (a) ' public moneys/ ' public revenue ' or ' revenue/ means and includes and applies to all revenue of the Dominion of Canada, and all branches thereof, and all moneys, whether arising" from duties of Customs, excise or other duties, or from the post office, or from tolls for the use of any canal, railway or other public work, or from fines, penalties or forfeitures or from any rents or dues, or from any other source whatsoever, whether such moneys belong to Canada or are collected by officers of Canada for or on account of or in trust for any province forming part of Canada, or for the Government of the United Kingdom, or otherwise ; (b) 'certify' includes 'examine and certify if found cor- rect ' ; (c) i sub-aec< mutant ' means any officer or person receiving or expending public moneys and accounting for the same to or through any minister or officer of any public depart- ment ; (d) ' department/ when used in connection with the duty of preparing appropriation accounts, includes r\cvy public officer to whom the duties are assigned by the Treasury Board ; (e) 'accountant/ when used with reference to accounts, other than the appropriation accounts of the grants of Parliament, which the Auditor Genera] is required by the Minister of Finance or the Treasury Board, under the authority of this Act, to examine and audit, means the department or officer that is required by the Minister of Finance to render the same. R.S., c. 29, ss. - and 51. 281 3. U.S., 1906. Chap. 24. Consolidated Revenue and Audit. Who shall be subject to this Act. Constituted. Charges thereon. Cost of collecting. Salary of Governor. Intercolonial Railway. Sinking fund therefor. Public works. Sinking fund therefor. Salaries of judges of Supreme and Exchequer Courts. Grants to provinces a charge on Fund. 3. Any officer, functionary or person whose duty it is to receive any moneys forming part of the revenue, or who is entrusted with the custody or expenditure of any such moneys, although he is not regularly employed in collecting, managing or accounting for the same, shall be subject to the provisions of this Act, so far as regards the accounting for and paying over such moneys, whatever is the office or employment by virtue of which he receives, or is entrusted with the same. R.S., c. 29, s. 2. CONSOLIDATED REVENUE FUND. 4. All public moneys and revenue over which the Parlia- ment of Canada now has the power of appropriation shall form one Consolidated Revenue Fund to be appropriated for the public service of Canada, in the manner and subject to the charges hereinafter mentioned, and in the following order, that is to say: — First. — The costs, charges, and expenses incident to the collection, management and receipt thereof, subject to be reviewed and audited in such manner as is hereby or is here- after by law provided ; Second. — The salary of the Governor General; Third. — The balance remaining unpaid of the principal, and interest at a rate not exceeding four per centum per annum, of the loan of three million pounds sterling, authorized by the Act passed in the thirty-first year of Her late Majesty's reign, chapter thirteen, to be raised for the purpose of constructing the Intercolonial Railway, upon the guarantee, by the Com- missioners of Her late Majesty's Treasury, of the payment of interest on such loan at a rate not exceeding four per centum per annum; Fourth. — An annual sum, at the rate of one per centum per annum, as a sinking fund on the entire amount of prin- cipal money of the loan lastly hereinbefore mentioned ; Fifth. — The principal and interest of any loan guaranteed by the Treasury under the Act passed in the thirty-seventh year of Her late Majesty's reign, chapter two, and the Act of the Parliament of the United Kingdom known as The Canada (Public Works) Loan Act, 1878; Sixth. — Such sums as are required to form a sinking fund at the rate of one per centum per annum on the entire amount of the loan guaranteed by the Treasury as lastly hereinbefore mentioned ; Seventh. — The yearly salaries of the judges of the Supreme Court of Canada and of the Exchequer Court of Canada. R.S., c. 29, s. 3. 5. The grants payable to the several provinces constituting the Dominion of Canada shall be charged upon the Consolidated Revenue Fund of Canada, and payable out of any unappro- priated moneys forming part thereof. R.S., c. 29, s. 4. 282 public R.S., 1906. Consolidated Revenue and Audit. Chap. 24. 3 PUBLIC DEBT AND THE RAISING OF LOANS AUTHORIZED BY PARLIAMENT. 6. The Governor in Council may, from time to time, — Powers of (a) make such regulations as he deems necessary for the Council?* m management of the public debt of Canada and the paymeni Management, of the interest thereon ; and, ( h) subject to the provisions of the two next following sec- Sinking fund, tions, provide for the creation and management of a sink- ing fund or other means of securing the repayment of any loans raised under the authority of Parliament ; and, (c) appoint one or more fiscal agents of Canada in the city Fiscal agents, of London, England, or elsewhere, and agree with them as to the rate of compensation to be allowed them for nego- tiating loans, and for paying the interest on the public debt, and for other services connected with the manage- ment of the said debt; and, (d) pay the sums necessary to provide such sinking fund or Consolidated other means as aforesaid, and such compensation, out of pu n ^ nue the Consolidated Revenue Fund. R.S., c. 29, s. 5. 7. Whenever, in any Act passed by the Parliament of The raising Canada, authority is given to the Governor in Council to raise, by way of loan, any sum of money for the public service, or the security of Canada is authorized to be given for any sum of money deposited in any Government savings bank, or otherwise entrusted for safe-keeping to the Government of Canada, then, unless there is some provision to the contrary in the Act by which such authority is given, or such security authorized, such sum shall, in the discretion of the Governor in Council, be raised or such security given in one of the following ways, or partly in one and partly in another or others thereof, that is to say: — (a) By the issue and sale, or the delivery as such security, By issue of of debentures of Canada, which shall be in such form, for debentures - such separate sums, and at such rate of interest not exceed- ing six per centum per annum, and the principal and inter- est whereof shall be made payable at such periods and places, as the Governor in Council deems most expedient, and subject to such regulations as he sees fit to make ; and ' such principal and interest shall be chargeable on the Con- solidated Revenue Fund ; (b) by the issue and sale, or the delivery as such security, of By issue of Canada Dominion stock bearing such rate of interest not ^"j. 1 " 1011 exceeding six per centum per annum as is deemed most advisable, payable half yearly, the principal and interest whereof shall be chargeable on the Consolidated Revenue Fund; and such stock shall not be redeemable until the time fixed by the regulations hereinafter mentioned, but at and after that time shall be redeemable at the option of the Governor in Council on giving six months' notice of such redemption, and the stock shall be subject to such 283 regulations R.S., 1906. Ch&p. 24. Consolidated Revenue and Audit. Y>\ grant <>f terminable annuities. By issue of exchequer bills or omuls. Sinking fund. regulations as to the inscription, transfer, management and redemption thereof, as the Governor in Council sees fit to make; (c) By the granting <»t* terminable annuities chargeable on the Consolidated Revenue Fund, such annuities being granted on terms in accordance with the most approved English tables, and based on ;i rule of interest not exceed- ing six per centum per annum, and subject to such regula- tions as the Governor in Council sees fit to make; (d) By the issue and sale, from time to time, of exchequer bills or exchequer bonds, in sums of not less than four hundred dollars, in such form, and hearing such rate of interest not exceeding" six per centum per annum, and re- deemable at such periods and places as the Governor in Council deems most advisable, and subject to such regula- tions as he sees fit to make. K.S., c. 20, s. 6. 8. Upon authorizing the issue of debentures of Canada or Canada Dominion stock under the last preceding section the Governor, in Council may provide for a special sinking fund ■with respect to such issue, and may, at any time, provide for a general sinking fund for all such portions of the debentures or stock of Canada as have been or are hereafter issued without provision for a sinking fund: Provided that the amount to be invested in any such sinking fund shall nol exceed one-half of one per centum per annum on the amount of the debentures or stock to which it relates. R.S., c. 29, s. 0. 9. The Governor in Council may from time to time direct that the whole or any portion of the stock of the Dominion of Canada, heretofore issued or inscribed, or hereafter issued or inscribed, and forming the whole or part of the public debt of Canada, be inscribed and transferred in a register kept in the Tinted Kingdom at such place and by such bank, colonial offi- cer, or person as he from time to time appoints. 63-64 Y., c. LI, s. 1. 10. The Governor in Council is hereby authorized to make any declaration and take any steps necessary to record such inscribed stock, or any portion thereof, under and in accordance with the provisions of the imperial Acts known as The Colonial Slock Acts, 1871 to 1900. 63-64 V., c. 11, s. 2. Minister of 11. The Minister of Finance may, out of the Consolidated fofri^teJ Revenue Fund of Canada, pay, satisfy and discharge any judg- ments. ' inent, decree, rule, or order of the court in England, which under the provisions of section twenty of The Colonial Stock Act, 1877, is to be complied with by the registrar of the inscribed stock of Canada in England. 63-04 V., c. 11, s. 3. Governor in 12. The Governor in Council may, from time to time, as change the the interests of the public service require, change the form 284 of K.S., 1906. Proviso. Inscription of stock. Declaration. Consolidated Revenue and Audit. Chap. 24. 5 of any part of the then existing funded debt of Canada, includ- form of ing any debentures for which Canada is liable, by substituting funded debt - one class of the securities aforesaid for another or for such debentures, if neither the capital of the debt, nor the annua] charge for interest is thereby increased: Provided that in any Proviso, case in which four per centum Dominion stock or five per centum Dominion stock or debentures is or are substituted for securities bearing a higher rate of interest, the amount of the capital may be increased by an . amount not exceeding the difference between the then present value of the security bearing the higher interest and that of the four per centum stock or five per centum stock or debentures substituted for it. 2. !N"o such substitution shall be made, unless the consent Conditions, of the holder of the security for which another is substituted is obtained, or such security is previously purchased or redeemed by or on account of Canada. 3. Such substitution may be made by the sale of the one How substi- class of securities and the purchase of those for which it is tutlon made - desired to substitute them. U.S., c. 29, s. 7. 13. The Governor in Council may, from time to time, as Temporary the exigencies of the public service require, in the event of the lcmns - Consolidated Revenue Fund being at any time insufficient to meet the charges placed thereon by law, direct the proper officer to raise, by temporary loans chargeable on the said fund, in such manner and form, in such amounts, for such periods not exceeding six months, at rates of interest not exceeding seven per centum per annum, as the Governor in Council direct-. such sums as are necessary to enable the said fund to meel such charges. 2. The sums to be so raised shall never exceed the amount Limited, of the deficiencies in the Consolidated Revenue Fund to meet the charges thereon, then due or payable either as principal or interest, and shall be applied to no other purpose whatsoever. 3. An account in detail of all such temporary loans shall Account, be laid before the House of Commons within the first fifteen days of the session then next ensuing. R.S., c. 29, s. 8. 14. If, at the end of any month, by reason of the amount If public of deposits in the savings banks established under the Savings debt i s i j?" Hanks Act, and the issue and sale of the five per centum Dom savings inion stock and any other public securities the issue a n d dep08lt8 ' sale of which is authorized by this Act, or by any of the said causes, the amount of the public debt authorized by Parliament is exceeded, the Minister of Finance shall report such excess to the Treasury Hoard, and the Treasury Hoard shall thereupon direci him to purchase, to the extent of such excess, debentures of the Dominion of Canada already issued, and such debentures shall then be cancelled, or may be held in reserve until there is authority to reissue them. R.S., c. 121, s. 18. 285 15. R.S., L906. Chap. 24. Consolidated Revenue and Audit. Regulations to have force of law. 15. The regulations made or to be made by the Governor in Council, as to the inscription, transfer, management and redemption of any Canada Dominion stock, debentures or other Canada securities herinb*efore mentioned, shall, in so far as they are not inconsistent with J hc Act under which they are made, have the same force and effect as if embodied and enacted in an Act of the Parliament of Canada. R.S., c. 29, s. 9. Officers not bound to see to trusts. 16. No officer of the Governmei.'; of Canada employed in the inscription, transfer, management or redemption of any such stock or securities, or in the payment of any dividend or interest thereon, shall be bound to see to the execution of any trust expressed or implied to which such stock or securities are sub- ject, nor shall be liable in any way to any person for anything by him done as such officer, in accordance with any such regu- lation. E.S., c. 29, s. 9. Duties of Deputy Minister of Finance. Examining and cancel- ling deben- tures. IT. The Deputy Minister of Finance shall, — (a) countersign all Canada debentures ; (b) keep a debenture book, which shall contain a record and description of all debentures outstanding or authorized to be issued, showing the date of issue, period of redemp- tion, when they were cancelled, and times of payment of interest, and an interest account respecting them; and, (c) keep a register of provincial notes or Dominion notes issued or cancelled. 2. The Auditor General and the Deputy Minister of Finance shall examine and cancel debentures, Dominion or provincial notes, and other securities representing the debt of Canada and which have been redeemed. R.S., c. 29, ss. 10 and 11. Dominion Notes Act not affected. 18. affecting Nothing in this Act shall be construed as altering or the provisions of the Dominion Notes Act, or the debentures to be issued and held for securing the redemption of such notes, or in any way to authorize any increase of the public debt without the express authority of Parliament, except in the manner and to the extent hereinbefore provided in case of the substitution of four per centum Dominion stock or five per centum Dominion stock for other securities, and except also as to temporary loans raised in the manner and to the extent hereinbefore provided in the event of the Consolidated Revenue Fund being at any time insufficient to meet the charges placed thereon by law. R.S., c. 29, s. 12. Officers to be employed. COLLECTION OF THE REVENUE. 19. The Governor in Council may, from time to time, deter- mine what officers or persons it is necessary to employ in collect- ing, managing or accounting for the revenue, and in carrying into effect the laws thereunto relating, or for preventing any 286 violation R.S., 1906. Consolidated Revenue and Audit. Chap. 24. 7 violation of such laws; and may assign their names of office, and such salaries or pay for their labour and responsibility in Salaries and the execution of the duties of their respective offices and em- u ie ployments, as to the Governor in Council seems reasonable and necessary, and may appoint the times and manner in which the same shall be paid: Provided that no such officer so appointed Provlso - shall receive a higher annual salary than is allowed in his case by any Act of the Parliament of Canada then in force respect- ing the Civil Service generally; nor shall any such salary be paid until voted by Parliament. R.S., c. 29, s. 13. 20. The salary or pay allowed to any such officer or person *j.° fee , s as aforesaid shall be in lieu of all fees, allowances or emolu- ments of any kind whatsoever, except actual and authorized disbursements, shares of seizures, forfeitures and penalties. 2. ISTo such officer or person, receiving a salary at or exceed- clw^g $H)00 ing the rate of one thousand dollars per annum, shall exercise or more to any other calling, profession, trade or employment whatsoever, JtherTm- with a view to derive profit therefrom, directly or indirectly, or ployment. shall hold any other office of profit whatsoever, except, in either case, with express permission of the Governor in Council. U.S., c. -29, s. 14. 21. No officer or person regularly employed in the collection Exemption r ,i . .« <• i from certain or management oi the revenue, or in accounting for the same, public shall, while he remains such officer or so employed, be compelled services - to serve in any other public office, or in any municipal or local office, or on any jury or inquest, or in the militia. R.S., c. 29, s. 15. 22. Every person appointed to any office or employment 0ath oi relative to the collection or management of the revenue, or to ° ° e ' the accounting for the same, shall, upon his admission to such office or employment, take, before such officer as the Governor in Council appoints to receive the same, an oath in the form following, that is to say: — ' I, A. B., do swear to be true and faithful in the execution, Form. to the best of my knowledge and power, of the trust committed to my charge, by my appointment as , and that I will not require, take or receive any fee, perquisite, gratuity or reward, or emolument, whether pecuniary or of any other sort or description whatever, either directly or indi- rectly, for any service, act, duty, matter or thing done or per- formed, or to be done or performed, in the execution or dis- charge of any of the duties of my said office or employment, on any account whatsoever, other than my salary, or what shall be allowed me by law, or by order of the Governor in Council. So help me God.' E.S., c. 29, s. 16. 287 23. R.S., 1906. Chap. 24. Consolidated Revenue and Audit. Official 23. The Governor in Council may, from time to time, — (a) make such divisions of Canada into ports, revenue dis- tricts or otherwise, as are required with regard to the collection or management of the revenue; and, (h) assign the officers or persons by whom any duty or ser- vice relative tit any such purpose shall be performed within or for anv such district <>r division, and the places within the same where such duty or service shall be performed; and, (c) make all such regulations concerning such officers and persons, and the conduct and management of the business to them entrusted, as are consistent with the law, and as he deems expedient for carrying it into effect, in the manner best adapted to promote the public good. Application 2. Any general regulation or order made by the Governor in of general Council for any purpose whatsoever for which an order or regulation or . i i order. regulation may be so made under the provisions of this Act, shall apply to each particular case within the intent and mean- ing of such general regulation or order, as fully and effectually as if the same had been made 1 with reference to such particular case, and the officers, functionaries or persons concerned had been specially named therein. E.S., c. 20, s. 17. I ►fficers em- ployed to be deemed the proper officers. Place where duty per- formed. Interchange of officers in branches of revenue. Hours of attendance, etc. 24. Every person employed on any duty or service relating to the collection or management of the revenue, by the order or with the concurrence of the Governor in Council, shall be deemed to be the proper officer for that duty or service; and every act, matter or thing required by any law in force to be done or performed by, to or with any particular officer nom- inated for that purpose in such law, which is done or performed by, to or with any person appointed or authorized by the Gov- ernor in Council to act for or on behalf of such particular officer, shall be deemed to be done or performed by, to or with such particular officer. 2. Every act, matter or thing required by any law, at any time in force, to be done or performed at any particular place within anv division of Canada, made by the Governor in Council with regard to the collection or management of the revenue, which is done or performed at any place within such division, shall be deemed to be done or performed at the particular place so required by law. U.S., c. 29, s. 18. 25. Any officer or person employed in the collection, manage- ment or accounting for any branch of the revenue may bo employed in the collection, management or accounting for any other branch thereof, whenever it is deemed advantageous for the public service so to emplov him. U.S., c. 29, s. 19. 26. The Governor in Council may, from time to time, — (a) appoint the hours of the general attendance of the officers and persons employed in the. collection and manage- 288 ment «.S., 1906. Consolidated Revenue and Audit. Chap. 24. 9 xnent of the revenue, at their proper offices and places of employment ; and, (b) appoint the times during such hours, or the seasons of the year, at which any particular portions of the duties of such officers or other persons shall be performed by them respectively. 2. A notice of the hours of general attendance so appointed Notice to be shall be kept constantly posted up in some conspicuous place pos in such offices and places of employment. R.S., c. 29, s. 20. AUDITOR GENERAL AND HIS OFFICE. 27. The Governor General may, for the more complete Appoint- examination of the public accounts of Canada, and for the ment - reporting thereon to the House of Commons, appoint an officer, under the Great Seal of Canada, to be called the Auditor General of Canada, and such officer may be paid out of the Consolidated Revenue Fund, a salary of four thousand dollars Salary. per annum. R.S., c. 29, s. 21 ; 51 V., c. 1, s. 1. 28. The Auditor General shall hold office during good Tenure of behaviour, but shall be removable by the Governor General ° on address of the Senate and House of Commons. R.S., c. 29, s. 22. 29. The Auditor General shall be subject to the provisions Superannua- tion and retirement. of the Civil Service Superannuation and Retirement Act except t]l as regards his tenure of office. 51 V., c. 7, s. 2. 30. The Governor in Council shall, from time to time, Officers and appoint the officers, clerks and other persons in the office clerks - of the Auditor General, and may regulate the numbers and salaries of the respective grades or classes into vvhich the said officers, clerks and others shall be divided. R.S., c. 29, s. 23. 31. The Auditor General may, from time to time, make Auditor orders and rules for the conduct of the internal business of Cen eral may his office, and prescribe regulations and forms for the guidance for his office, of principal accountants and sub-accountants in making up and rendering their periodical accounts for examination: Provided that all such rules, regulations and forms shall be approved by Approved by the Treasury Board previously to the issue thereof. 54-55 V., ^ rea ^iry c. 16, s. 1. 32. The Auditor General may suspend or remove any of Suspension the officers, clerks and others employed in his ofhYr. ;, | ;,:, V., ^r^ami ' C. 16, S. 1. clerks. 33. Subject to the provisions of the Civil Service Act with Promotions, respect to promotions, the Auditor General may promote any 19 289 of R.S., 1906. 10 Chap. 24. Consolidated Revenue and Audit. of the officers, clerks or employees in his office, and shall have with respect to such promotions all the powers which under the Civil Service Act are vested in heads and deputy heads of departments, and he shall also have in respect of promotions to chief clerkships, grade A, the powers by the said Act vested in the Governor in Council: Provided that every promotion of an officer, clerk or employee in the said office shall be reported to the Governor in Council within fifteen days after it has bean made. 54-55 V., c. 16, 8.1; 3 E. VII., c. 9, s. 8. Report 34. In any case in which the Auditor General deems it Minister of necessary to report for the information of the Governor in Finance. Council, such report shall be made through the Minister of Finance. 54-55 V., c. 16, s. 1. All payments to credit of Minister of Finance. Sums pay- able upon proceedings in Parlia- ment. Refunds of same. Treasury Board. Determines time and mode of accounting. As to licenses. Proviso. R.S., 1906. PUBLIC MONEYS HOW DEALT WITH. 35. All public moneys, from whatever source of revenue derived, shall be paid to the credit of the account of the Minister of Finance and Receiver General through such officers, banks or persons, and in such manner as the said Minister, from time to time, directs and appoints. 2. All moneys received by any officer, clerk or employee of the Senate or House of Commons of Canada as fees or sums in any way payable in connection with any proceedings before Parliament, or any Bills presented to, or Acts passed by Parlia- ment, or any copies of any such proceedings, Bills or Acts, shall forthwith be deposited by the accountant of either House to the credit of the aforesaid account in such bank as he from time to time designates; and the moneys so deposited shall form part of the Consolidated Revenue Fund of Canada. 3. Refunds, in whole or in part, of any moneys received and deposited as provided in the last preceding subsection, and pay- ments in connection with the said proceedings, Bills or Acts, directed to be made by the Senate and the House of Commons, or made in accordance with the rules and standing orders of either House, shall be payable out of the Consolidated Revenue Fund of Canada. R.S., c. 29, s. 25 ; 56 V., c. 8, ss. 1 and 2. 36. The Treasury Board may, from time to time, — (a) appoint the times and mode in which any officer or per- son employed in the collection or management of, or the accounting for any part of the revenue, shall account for and pay over the public moneys which come into his hands ; and, (h) determine the times and mode in which, and the officer by whom, any licenses on which any duty is payable are to be issued : Provided that such accounts and payments shall be rendered and made by such officers and persons respectively at least once every month. R.S., c. 29, s. 2o; 51 V., c. 7, s. 3. 290 37. Consolidated Revenue and Audit. Chap. 24. 11 37. The Minister of Customs, the Minister of Inland Re- The account venue, the Postmaster General and all other ministers, and all ° ster e f m ~ deputy ministers, officers, clerks or persons charged with the Finance and receipt of public moneys, shall cause the gross revenues of their General!" several departments or offices to be paid at such times and under such regulations as the Minister of Finance, from time to time, prescribes, to an account to be called the account of the Minis- ter of Finance and Receiver General, at such bank or banks as are determined by the Minister of Finance, and daily accounts Daily ac- of such moneys so deposited shall be rendered to the Auditor counts of General in such form as the Treasury Board prescribes. R.S., deposited. c. 29, s. 27. 38. Every officer of the Customs or of the Inland Revenue, Payment of and every officer otherwise employed in the collection of the ^ eve i°_ ue mto revenue, receiving money for the Crown, shall deposit -the same to the credit of the account of the Minister of Finance and Receiver General, from time to time, in such bank as the said Minister appoints : Provided that where such money is received Where there at a place where there is no bank into which it can conveniently 19 no an ' be paid, the same shall be paid over in such manner as the Minister of Finance directs ; and accounts of such money Accounts shall be rendered to the Auditor General in such form as the Treasury IBoard prescribes. 2. Every such officer shall keep his cash book written up Cash book, daily. 3. All the books, accounts and papers of such officer shall, at Books open all times during office hours, be open to the inspection and t?o n mSpeC ~ examination of any officer or person whom the Minister of Finance authorizes to inspect or examine the same. 4. Daily accounts of the moneys so deposited shall be ren- Daily dcred to the Auditor General in such form as the Treasury Y c 5" t nts for Board prescribes. R.S., c. 29, s. 28. EXPENDITURE OF MONEY GRANTED BY PARLIAMENT. 39. When any sum of money has been granted to His Warrant of Majesty by Parliament to defray expenses for any specified the* Minister public service, the Governor General may, from time to time, of Finance, under his sign manual, countersigned by a member of the Treasury Board, authorize arid require the Minister of Finance to issue out of the moneys in his hands, appropriated for defray- ing the expenses of such service, the sums required, from time to time, to defray such expenses, not exceeding the amount of the sum so voted or granted. R.S., c. 29, s. 29. 40. When any sum of money has been granted to His Minister may Majesty by Parliament, to defray expenses for any specified 1891 public service, and as soon as the Governor General lias issued his warrant authorizing the payment of such sum or sums as are required to defray such expenses, the Minister of Finance may, 19£ 291 from R.S., 1906. 12 Chap. 24. Consolidated Revenue and Audit. On what banks. Accounts thereof in duplicate. Reimburse- ment of banks. How cheques made. No credit to exceed ap- propriation. from time to time, on the application of the Auditor General, cause credits to be issued in favour of the deputy heads, officers, clerks or other persons connected with the several depart- ments or services charged with expenditure of the moneys so authorized. 2. Such credits shall issue on the several banks authorized to receive public moneys. 3. Statements in duplicate of moneys drawn for under such credits, together with the cheques paid by the banks in connec- tion therewith, shall be rendered under such forms, and once in each month or more often, at such times as the Treasury Board directs, and one duplicate of such statement, together with the cheques, shall be rendered to the Auditor General, and the other duplicate to the Minister of Finance. -1. The Auditor General, being satisfied of the correctness of the statement, may request the Minister of Finance to cause cheques to be prepared to reimburse the banks for advances- under such credits to cover the expenditures made or authorized. 5. Such cheques shall be signed by the Minister of Finance and countersigned by the Auditor General, or signed and countersigned by their respective deputies or officers thereunto duly authorized. 6. Xo such credit shall issue in favour of any officer or other person in excess of any appropriation authorized by Act of Parliament. E.S., c. 29, s. 30. No cheque to issue without appropria- tion. Auditor to report un- authorized or excessive expenditure. 41. The Auditor General shall see that no cheque issues for the payment of any public money for which there is no direct parliamentary appropriation, or in excess of any portion of such appropriation, the expenditure of which has been authorized by the Governor in Council. 2. The Auditor General shall report to the Treasury Board, through the Minister of Finance, any case in which a sub- accountant has expended money out of the proceeds of any accountable credit, for any purpose for which there is no legis- lative authority, or beyond the amount for which there is such authority, or for any other appropriation or purpose not con- nected with such credit. 51 V., c. 7, s. 4. Certificate of parlia- mentary authority. Treasury Board may authorize payment not- withstanding. R.S., 1906. 42. Xo cheque for public money shall issue except upon the certificate of the Auditor General that there is parliamentary authority for the expenditure, save only in the following cases : — (a) If, upon any application for a cheque, the Auditor General has reported that there is no parliamentary authority for issuing it, then upon the written opinion of the Minister of Justice that there is such authority, citing it, the Treasury Board may authorize the Deputy Minister of Finance to prepare the cheque, irrespective of the Auditor General's report; 292' (b) Consolidated Revenue and Audit. Chap. 24. 13 (b) If, when Parliament is not in session, any accident Urgent ex- happens to any public work or building which requires an Jot d provided immediate outlay for the repair thereof, or any other occa- for. sion arises when any expenditure, not foreseen or provided for by Parliament, is urgently and immediately required for the public good, then upon the report of the Minister of Finance that there is no parliamentary provision, and of the minister having charge of the service in question that the necessity is urgent, the Governor in Council may order a special warrant to be prepared, to be signed by the Special Governor General for the issue of the amount estimated to warrant - be required, which shall be placed by the Minister of Finance to a special account, against which cheques may . issue from time to time, in the usual form, as they are required. E.S., c. 29, s. 32; 51 V., c. 7, s. 5. 43. If the Auditor General has refused to certify that a Refusal of cheque of the Minister of Finance may issue, on the ground ^certify in that the money is not justly due, or that it is in excess of the other cases, authority granted by Council, or for any reason other than that there is no parliamentary authority, then upon a report of the case prepared by the Auditor General and the Deputy Minister of Finance, the Treasury Board shall be the judge of the sufficiency of the Auditor General's objection, and may sustain him or order the issue of the cheque in its discretion. R.S., c. 29, s. 32. 44. The Auditor General shall, in all cases mentioned in Statement ,i ,. -i t , , , » ii submitted to the two sections last preceding, prepare a statement of all Parliament. such legal opinions, reports of council, special warrants and cheques issued without his certificate, and of all expenditures incurred in consequence thereof, which he shall deliver to the Minister of Finance, who shall present the same to Parliament not later than the third day of the session thereof then next ensuing. R.S., c. 29, s. 32. 45. No payment shall be authorized by the Auditor General Vouchers, in respect of work performed, or material supplied by any person in connection with any part of the public service of Canada, unless, in addition to any other voucher or certificate which is required in that behalf, the officer, under whose special charge such part of the public service is, certifies that such work Certificate. of has been performed, or such materials supplied, as the case may- be, and that the price charged is according to contract, or if not covered by a contract, is fair and just. U.S., c. 29, s. 33. ACCOUNTS AND AUDIT OF ACCOUNTS. 46. The public accounts of Canada shall be kept by double By double entry in the office of the Minister of Finanro. entry. 293 2. R.S., 1906. 14 Chap. 24. Consolidated Revenue and Audit. Annua] state- o. An annual statement shall be prepared as soon as possible what it" shall after the termination of each fiscal year exhibiting, — show. ( a ) the state of the public debt and the amount chargeable against each of the public works for which any part of the debt has been contracted ; (b) the state of the Consolidated Revenue Fund and the various trusts and special funds under the management of the Government of Canada ; (c) such other accounts and matters as are required to show what the liabilities and assets of Canada really are at the date of such statement. R.S., c. 29, s. 34. A6 to certain savings deposits in N. S. and N. B. Account of issues from Consolidated Revenue Fund. To be laid before the House of Commons. 47. The capital represented by deposits in the savings banks in Nova Scotia and New Brunswick, in deposit accounts as to which there have been no deposits or withdrawals since the first day of July, one thousand eight hundred and sixty- seven, shall not be charged against those provinces respectively as part of the debt with which they entered the Union, but all such accounts shall be transferred to a suspense ledger, and if any deposit or withdrawal is made in any such account, it shall be removed from the suspense ledger, and the capital represented by such account, and the interest accrued since the first day of July, one thousand eight hundred and sixty-seven, shall be charged against Nova Scotia or New Brunswick, as the case may'be. R.S., c. 121, s. 21. 48. The Minister of Finance shall cause an account to bo prepared and transmitted to the Auditor General on or before the thirtieth day of June in every year, showing the issues made from the Consolidated Revenue Fund in the fiscal year ended on the thirty-first day of March preceding, for services directly under his control. 2. Such accounts and the reports of the Auditor General thereon shall be laid before the House of Commons by the Min- ister of Finance on or before the thirty-first day of October next following, if Parliament is then sitting, or if not sitting, then within one week after Parliament is next assembled. 51 V., c. 7, s. 6 ; 6 E. VII., c. 12, ss. 1 and 3. Yearly 49. The Deputy Minister of Finance shall prepare and sub- P?r°lkment 0r mit to the Minister of Finance the public accounts to be annu- What periods accounts shall include Balances unused. ally laid before Parliament. R.S., c. 29, s. 36 ; 51 V., c. 7, s. 7. 50. The public accounts shall include the period from the first day of April in one year to the thirty-first day of March in the next year, which period shall constitute the fiscal year; all estimates submitted to Parliament shall be for the services coming in course of payment during the fiscal year; and all balances of appropriation which remain unexpended at the end of the fiscal year shall lapse and be written off : Provided that 294 upon R.S., 1906. Consolidated Revenue and Audit. Chap. 24. 15 upon cause being shown to the satisfaction of the Governor in Extension of Council, he may, by order in council to be made before the first t j m ? for day of May in each year, extend the time for finally closing the accounts. account of any appropriation, for a period of not more than three months from the end of the fiscal year, after the expira- tion of which extended time, and not before, the balance of such appropriation shall lapse and be written off. 6 E. YIL, c. 12, s. 2. 51. On or before the thirtieth day of June in every year, Accounts of accounts of the appropriation of the several supply grants tfonTof'* comprised in the Appropriation Act, or in any other Act, for supply. the year ending thirty-first March then last, shall be prepared by the several departments and be transmitted for examination Auditor to to the Auditor General and to the Deputy Minister of Finance, examme - and, when certified and reported upon, as hereinafter directed, they shall be laid before the House of Commons; and such accounts shall be called the appropriation accounts of the moneys expended for the services to which they respectively relate. 2. Each of such accounts shall be examined under the direc- Certificates, tion of the Auditor General, by such officer or clerk in his office as he directs ; and such officer or clerk shall certify to the due examination of such account, and the Auditor General shall certify that; the account has been examined under his direction and is correct. 51 V., c. 7, s. 8 ; 6 E. VII., c. 12, ss. 1 and 3. 52. The department charged with the expenditure of any Depart- vote under the authority of the Governor in Council, shall pre- p^opriltlf" pare the appropriation account thereof. 51 V., c. 7, s. 8. accounts. ion 53. The department charged with the duty of preparing the Duty of de- appropriation account of a grant shall transmit to the Auditor preparing General, together with the annual appropriation account of such appropria- grant, a balance sheet so prepared as to show the debit and credit balances in the ledger of such department on the day when the said appropriation account was closed, and also so prepared as to verify the balances appearing upon the annual appropriation account. 2. Any balances outstanding in the hands of any person or Balances out- persons unexpended or unaccounted for at such period shall be standmR - accounted for and settled as soon thereafter as is practicable, but not later than the termination of the next succeeding fiscal year. 51 V., c. 7, s. 8. 54. The Treasury Board may alter the time at or to which Treasury any accountant for public moneys, public officer, corporation or ~\* t H t ^ ay institution, is required to render any account or to make anv time for return, whenever in its opinion such alteration will facilitate accounting - the correct preparation of the public accounts or estimates for the fiscal year. R.S., c. 29, s. 41. 295 55. R.S., 1906. 16 Chap. 24. Consolidated Bevenue and Audit. Deputy 55, The deputy heads of the several departments or the offi- audit* details. cers, clerks or other persons charged with the expenditure of public moneys, shall respectively audit the details of the accounts of the several services in the first instance, and be responsible for the correctness of such audit. R.S., c. 29, s. 42. Explanation 5g # Everv appropriation account, when rendered to the Auditor General, shall be accompanied by an explanation show- ing how the balances on the grants included in the previous account have been adjusted, and shall also contain an explana- tory statement of any excess of expenditure over the grants in- cluded in such account ; and such statement, as well as the appro- priation account, shall be signed by the deputy head and the accountant, or such other duly authorized officer of such depart- ment as the Treasurv Board determines. 51 V., c. 7, s. 9. Auditor to examine ap- propriation accounts. For what purposes. Further examination may be directed. Access to books of account. Auditor General to test castings and compu- tations. R.S., 1906. 57. Every appropriation account shall be examined by the Auditor General on behalf of the House of Commons. 2. In the examination of such accounts, the Auditor General shall ascertain, first, whether the payments which the account- ing department has charged to the grant are supported by the vouchers required by this Act and by proofs of payment; and, secondly, whether the money expended has been applied to the purposes for which such grant was intended to provide: Pro- vided that whenever it appears to the Minister of Finance, that the expenditure included, or to be included, in any appropria- tion account, or any portion of such expenditure, calls for fur- ther examination, he may instruct the Auditor General to farther examine such expenditure and to report to the Minister of Finance thereon; and if the Minister of Finance does not, thereupon, see fit to sanction such expenditure, .it shall be regarded as being not properly chargeable to a parliamentary grant, and shall be reported to the House of Commons, in the manner hereinafter provided. 51 V., c. 7, s. 9. 58. The Auditor General shall, in order that such examin- ations may, as far as possible, proceed pari passu with the cash transactions of the several accounting departments, have free access, at all convenient times, to the books of account and other documents relating to the accounts of such departments, and may require the several departments concerned to furnish him, from time to time, or at regular periods, with accounts of the cash transactions of such departments respectively up to such times or periods. U.S., c. 29, s. 45. 59. In conducting the examination of the vouchers relating to the appropriation of the grants for the several services sanctioned by the Appropriation Act of the year, or by any Act of Parliament, the Auditor General shall test the accuracy of the additions and computations of the several items of such vouchers. 296 2. Consolidated Revenue and Audit. Chap. 24. 17 2. If the Auditor General is satisfied that the accounts bear Vouchers, evidence that the vouchers have been completely checked, ex- fl!r,3«^ of , # *• v 7 rtCCUrclCv. amined and certified as correct in every respect, and that they have been allowed, and passed by the proper departmental officers, he may admit the same as satisfactory evidence of pay- ment in support of the charges to which they relate : Provided that, if the Minister of Finance desires any such vouchers to be examined by the Auditor General in greater detail, the Auditor Further ex- General shall cause such vouchers to be subjected to such further amina tion. examination in detail as the Minister of Finance thinks fit to prescribe. R.S., c. 29, s. 46. 60. If, during the progress of the examination by the Objections Auditor General hereinbefore directed, any objection arises ^unfcated to to any item to be introduced into the appropriation account department, of any grant, such objection shall, notwithstanding such account has not been rendered to him, be immediately communicated to the department concerned; and, if the objection is not answered to his satisfaction by such department, it shall be referred by him to the Treasury Board, and the Treasury Board shall determine in what manner the items in question shall be entered in the annual appropriation account. U.S., c. 29, s. 47. 61. In reporting as hereinbefore directed for the informa- Auditor tion of the House of Commons, the result of the examination pep"" 31 S of the appropriation accounts, the Auditor General shall call attention to every case in which, — (a) cheques have been issued without his certificate; or, (b) a grant has been exceeded ; or, (c) money received by a department from other sources than the grants for the year to which the account relates has not been applied or accounted for according to the direction of Parliament ; or, (d) in which a sum charged against a grant is not sup- ported by proof of payment ; or, (e) a payment so charged did not occur within the period of the account, or was, for any other reason, not properly chargeable against the grant, or was, in any way, irregular. 51 V., c. 7, s. 10. 62. If the Minister of Finance does not, within the time He may prescribed by this Act, present to the House of Commons ^ resent - any report made by the Auditor General on the appropriation accounts, or on any other accounts, the Auditor General shall forthwith present such report. U.S., c. 29, s. 49. 63. Besides the appropriation accounts of the grants of Certain ac- Parliament, the Auditor General shall examine and audit, AuSter W jnay if required so to do by the Minister of Finance, and in accord- examine. ance with any regulations which are prescribed for his guid- ance in that behalf by the Treasury Board, — 297 ' (a) R.S., 1906. 18 Chap. 24. Consolidated Revenue and Audit. (a) the accounts of all receipts of revenues forming the Consolidated Revenue Fund of Canada ; (b) the accounts current with the several banks and financial agents of Canada ; (c) the accounts relating to the issue or redemption of loans ; (d) the accounts with the several Indian tribes^known as the Indian Fund; (e) the accounts with the several provinces forming the Dominion of Canada; (f) the accounts with the Government of the United King- dom ; and, (g) any other public accounts which, though not relating directly to the receipts or expenditure of the Dominion of Canada, the Treasury Board directs him to examine and audit. R.S., c. 29, s. 50. By whom 64. Such accounts shall be rendered to the Auditor General shSn a be C0UntS ky the departments or officers directed so to do by the Minister rendered. of Finance. R.S., c. 29, s. 51. Officers re- 65. Every public officer into whose hands public moneys, l'k? 1V mo S neys b " either in the nature of revenue or fees of office, are paid by to account, persons bound by law or regulation so to do, or by subordinate or other officers whose duty it is to pay such moneys, wholly, or in part, into the Account of the Minister of Finance and Receiver General, or to apply the same to any public service, shall, at such times and in such form as the Treasury Board determines, render an account of his receipts and payments to the Auditor General. Notification 2. The Clerk of the King's Privy Council for Canada shall merits 30111 *" inform the Auditor General of the appointment of every such officer. R.S., c. 29, s. 51. Examination 66. The Auditor General shall examine the several accounts and audit. transmitted to him with as little delay as possible, and when the examination of each account is completed he shall make a statement thereof in such form as he deems fit, and if it appears from the statement so made up of any account, being an account current, that the balance thereon agrees with the accountant's balance, or if it appears from any account rendered by an accountant, as well as from the statement of such account by Even and the Auditor General, that the accountant is ' even and quit,' the quit. Auditor General shall sign and pass such statement of account so made up by him as aforesaid. Statement to 2. In all other cases the Auditor General after having made F imS ce r in f U P the statement of account as hereinbefore directed, shall other cases, transmit the same to the Minister of Finance, who, having con- sidered such statement, shall return it, with his certificate attached thereto, to the Auditor General, directing him to sign and pass the account, either conformably to the statement 298 thereof, R.S., 1906. Consolidated Revenue and Audit. Chap. 24. 19 thereof, or with such alterations as he deems just and reason- able; and a statement of the account made up by the Auditor General in accordance with such certificate from the Minister of Finance, shall then be signed and passed by the Auditor General. 3. A list of all accounts which the Auditor General has List of signed and passed, which list shall be so prepared as to show accounts to thereon the charge, discharge and balance of each account Board, respectively, shall be submitted by him to the Treasury Board twice in every year, that is to say, not later than the first week When, of February, and the first week of August. R.S., c. 29, s. 52. 67. As soon as any account has been signed and passed by Certificate to the Auditor General, he shall transmit to the accountant a cer- anT'what^to tificate, in which the total amounts of the sums forming, show, respectively, the charge and discharge of such account, and the balance, if any, remaining due to or by such accountant shall be set forth; and every such certificate shall be signed by him and shall be valid and effectual to discharge the accountant, as the case may be, either wholly or from so much of the amount with which he was chargeable, as he appears by such certificate to be discharged from : Provided that when any account, not x Q certificate being an account current, has been signed and passed by the unle ss Audi- Auditor General with a balance due thereon to the Crown, he i 8 satisfied, shall not make out or grant any such certificate as aforesaid until the accountant satisfies him, either that he has discharged the. full amount of such balance, and any interest which is, as hereinafter provided, payable thereon, or that he has been re- lieved from the payment thereof, or of so much thereof as has not been paid, by an order in council passed on a report from the Treasury Board. R.S., c. 29, s. 53. 68. Whenever the Auditor General is required by the Minis- Examination ter of Finance to examine and audit the accounts of the receipt, £" securities, expenditure, sale, transfer or delivery of any securities, stamps, stamps, etc. Canadian or other Government stock or annuities, provisions or stores, the property of His Majesty, he shall, after the examina- tion of such accounts has been completed, transmit a statement thereof, or a report thereon to the Minister of Finance, who Minister of shall, if he thinks fit, signify his approval of such accounts. Finance to 2. The Auditor General, on receipt of such approval shall Discharge of transmit to the accountant a certificate in a form to be, from accountant, time to time, determined by the Auditor General, which shall be to such accountant a valid and effectual discharge from so much as he thereby appears to be discharged from. U.S., c. 29, s. 54. 69. Whenever an accountant is dissatisfied with any dis- Appeal to allowance or charge in his accounts made by the Auditor General, Board by such accountant may appeal to the Treasury Board, which, after accountant 299 such dl88atlsfied - R.S., 1906. 20 Chap. 24. Consolidated Revenue and Audit. such further investigations as it considers equitable, whether by viva voce examination or otherwise, may make such order, directing the relief of the appellant, wholly or in part, from the disallowance or charge in question, as appears to it to be just and reasonable; and the Auditor General shall govern himself accordingly. R.S., c. 29, s. 76. Balances to 70. Every accountant, on the termination of his charge as uch accountant, or, in the case of a deceased accountant, his representatives, shall, forthwith, pay over any balance of public money then due to the Crown in respect of such charge, to the public officer authorized to receive the same. Report if 2. Whenever it appears to the Auditor General that balances retained 1 " and °f public money have been improperly and unnecessarily proceedings retained by an accountant, he shall report the circumstances of or recovery. snc ^ cases i the Minister of Finance, who shall take such measures as to him seem expedient for the recovery, by legal process or by other lawful ways and means, of the amount of such balance or balances, together with interest upon the whole or upon such part of such balance or balances, for such period of time and at such rate as to the Minister of Finance appears just and reasonable. U.S., c. 29, s. 59. INQUIRIES BY THE AUDITOR GENERAL. Examination 71. The Auditor General may examine any person on oath on oath. Qr a ffi rma tion on any matter pertinent to any account submitted to him for audit; and such oath or affirmation may be adminis- tered by him to any person whom he desires to examine. U.S., c. 29, s. 55. Subpoenas. 72. The Auditor General may apply to any judge of the Exchequer Court of Canada, or to any judge of a superior court of any province of Canada, for an order that a subpoena be issued from the court, commanding any person therein named to appear before him at the time and place mentioned in such subpoena, and then and there to testify to all matters within his knowledge relative to any account submitted to him, and, if so required, to bring with him and produce any document, paper or thing which he has in his possession relative to any such account as aforesaid ; and such subpoena shall issue accordingly upon the order of such judge. Any part of 2. Any such witness may be summoned from any part of Canada. Canada whether within or without the ordinary jurisdiction of the court issuing the subpoena. Expenses. 3. Reasonable travelling expenses shall be tendered to any Avitness so subpoenaed at the time of such service. R.S., c. 29, s. 56. Commissions 73. If, by reason of the distance at which any person, whose to take evidence is required bv the Auditor General, resides from the evidence. „^~ , 300 seat R.S., 190G. Consolidated Revenue and Audit. Chap. 24. 21 seat of government, or for any other cause, the Auditor Gen- eral deems it advisable, he may issue a commission, under his hand and seal, to any officer or person therein named, empower- ing him to take such evidence, and report the same to him. 2. Such officer or person, being first sworn before some jus- Powers of tice of the peace faithfully to execute the duty entrusted to him c ? mm18 - by such commission, shall, with regard to such evidence, have the same powers as the Auditor General would have had if such evidence had been taken before him, and may, in like manner, apply to and obtain from any judge of any of the courts afore- said, a subpoena for the purpose of compelling the attendance of any person, or the production of any document, paper or thing before him ; and such subpoena shall issue accordingly on the order of such judge; or such subpoena may issue on the application of the Auditor General to compel such attendance, or the production of any document, paper or thing before such commissioner. U.S., c. 29, s. 57. 74. Every person summoned, in the manner hereinbefore Failure to provided, to attend before the Auditor General or any commis- attend > or sioner appointed as aforesaid, who fails, without valid excuse, produce, to attend accordingly, or, being commanded to produce any document, paper or thing in his possession, fails to produce the same, or refuses to be sworn or to answer any lawful and perti- nent question put to him bv the Auditor General or by such commissioner, shall, for each such failure or refusal, forfeit the Forfeiture, sum of one hundred dollars to the Crown, for the public uses of Canada, to be recovered in any manner in which debts due to the Crown are recoverable ; and such person may likewise be dealt with by the court out of which the subpoena issued, as a person who has refused to obey the process of such court, and who is guilty of a contempt thereof. U.S., c. 29, s. 58. LIABILITY CIVILLY. 75. Every officer or person who refuses or neglects to trans- l ' ,ll " : '' '" mit any account, statement or return, with the proper vouchers, to the officer or department to whom, he is lawfully required to transmit the same, on or before the day appointed for the trans- mission thereof, shall, for such refusal or neglect, forfeit and Forfeiture, pay to the Crown, for the public uses of Canada, the sum of one hundred dollars, recoverable with costs, as a debt due to the Crown, and in any court and in any way in which debts to the Crown are recoverable. 2. In any action for the recovery of t such sum. it >h.ill \„ Evidence and sufficient to prove, that such account, statement or return ought burd ?° oi to have been transmitted by the defendant, as alleged on the pan of the Crown ; and the burden of proof that the same was so transmitted shall rest upon the defendant U.S., c. 29, s. 60. 301 76. U.S., 1906. 22 Chap. 24. Consolidated Revenue and Audit. Notice to 76. Whenever the Minister of Finance has reason to believe neglecting to that any officer or person has received money for the Crown, or pay over. f or which he is accountable to the Crown, or has in his hands any public money applicable to any purpose, and has not paid over or duly applied and accounted for the same, he may direct a notice to such officer or person, or to his representatives in caso of his death, requiring him or them, within a time from tin- service of such notice, to be therein named, to pay over, or apply and account for such money to the Minister of Finance or to the officer mentioned in the notice, and to transmit to him the proper vouchers that he or they have so done. R.S., c. 29, s. 61. Proceedings 77. If any officer or person fails to pay over, apply or sons^refustng account for any such money, and to transmit such vouchers as to obey aforesaid within the time limited by the notice served on him. the Minister of Finance shall state an account as between such officer or person and the Crown in the matter to which the notice relates, charging interest from the service thereof, and shall deliver a copy thereof to the Attorney General of Canada. Evidence. 2. Such copy shall be sufficient evidence to support any information or other proceeding for the recovery of the amount therein shown to be in the hands of the defendant, as a debt due to the Crown, saving to the defendant the right to plead and give in evidence all such matters as are legal and proper for his defence. Costs. 3. The defendant shall be liable for the costs of such informa- tion or proceeding, whatever the judgment therein is, unless, — (a) he proves that, before the time limited in such notice, he paid over or applied and duly accounted for the money therein mentioned, and transmitted the proper vouchers with such account; or, (b) he is sued for such money in a representative character, and is not personally liable therefor, or to render such account. R.S., c. 29, s. 62. Proceedings in case of insufficient vouchers. Evidence. 78. Whenever any such officer or person as aforesaid has transmitted an account, either before or after notice as afore- said, but without vouchers or with insufficient vouchers, for any sum for which he therein takes credit, the Minister of Finance may direct a notice to such officer or person, requiring him to transmit such vouchers or sufficient vouchers, as are stated in the notice, within such time after the service of the notice as the Minister of Finance deems fit; and, if such vouchers are not transmitted within that time, the Minister of Finance may state an account against such officer or person, disregarding the sums for which he has taken credit, but for which he has transmitted no vouchers or insufficient vouchers, and may deliver a copy of such account to the Attorney General of Canada. 2. Such copy shall be sufficient evidence to support an information or other proceeding for the recovery of the 302 amount R.S., 1906. Consolidated Revenue and Audit. Chap. 24. 23 amount therein shown to be in the hands of the defendant, saving to the defendant the right to plead and give in evidence all such matters as are legal and proper for his defence. 3. Such defendant shall be liable for the costs of the informa- Costs, tion or proceeding, whatever the judgment therein is, unless the vouchers by him transmitted within the time limited by the notice served on him, or before such service, are found of them- selves sufficient for his defence, and for his discharge from all sums demanded of him. R.S., c. 29, s. 63. *79. If, at any time, it clearly appears by the books or Proceedings •accounts kept by or in the office of any officer or person em- if m ?°ey ployed in the collection or management of the revenue, or in not paid accounting for the same, or by his written acknowledgment or over - confession, that such officer or person has, by virtue of his office or employment, received moneys belonging to His Majesty and amounting to a sum certain, which he has refused or neglected to pay over, in the manner and at the time lawfully appointed, to the officer duly appointed to receive the same, a justice or judge of any court having jurisdiction in civil matters to the amount of the sums so ascertained as aforesaid, shall, upon affidavit of the facts made before him by any officer cognizant thereof and thereunto authorized by the Governor in Council, cause to be issued against and for the seizure and Seizure and sale of the goods, chattels and lands of the officer or person so faulter's^ in default as aforesaid, such writ or writs as might have issued goods. out of such court, if the bond given by him had been put in suit, and judgment had been thereupon obtained in favour of His Majesty, for a like sum, and any delay by law allowed between judgment and execution had expired. 2. Such writ or writs shall be executed by the sheriff or other Execution proper officer ; and such sum as aforesaid shall be levied under and costs - them with costs, and all further proceedings shall be had, as if such judgment as aforesaid had been actually obtained. R.S., c. 29, s. 64. 80. Whenever any estate belonging to a public accountant Purchaser is sold under any writ of extent or any decree or order of any exonerated - court of record, and the purchaser thereof, or of any part there- of, has paid his purchase money into the hands of any public accountant authorized to receive the same, such purchaser shall be wholly exonerated and discharged from all further claims of His Majesty, for or in respect of any debt arising upon the account of such accountant, although the purchase money so paid is not sufficient in amount to discharge the whole of such debt. R.S., c. 29, s. 65. 81. If any officer or person has received public money for the Proceedings purpose of applying it to any specific purpose, and has not so md applied it within the time or in the manner provided by law, P">P«jy or if any person having held any public o\\\vo and having ceased B1 303 to R.S., loor.. 24 Chap. 24. Consolidated Revenue and Audit. Recovery if not paid in. to bold the same, has in his hands any public money received by him as such officer for the purpose of being applied to any specific purpose to which he has not so applied it, such officer or person shall be deemed to have received such money for the Crown for the public uses of Canada, and may be notified by the Treasury Board to pay such sum back to the Minister of Fin- ance ; and the same may be recovered from him as a debt due to the Crown, in any manner in which debts due to the Crown are recoverable, and an equal sum may, in the meantime, be applied to the purpose to which such sum ought to have been applied. E.S., c. 29, s. 66. Liability for 82. If, by reason of anv malfeasance, or of any gross care- loss occasion- , -i j» j . 1 rr> ii ed by mal- lessness or neglect 01 duty, by any omcer or person employed feasance or [ n the collection or management of the revenue or in collecting or receiving any moneys belonging to the Crown, for the public uses of Canada, any sum of money is lost to the Crown, such officer or person shall be accountable for such sum as if he had collected and received the same, and it may be recovered from him on proof of such malfeasance, gross carelessness or neglect, in like manner as if he had so collected and received it. R.S., c. 29, s. 67. Other Crown remedies not affected. 83. Nothing in this Act shall weaken or impair any remedy which the Crown has for recovering or enforcing the payment or delivering of any money or property belonging to the Crown, for the public uses of Canada, and in the possession of any offi- cer or person whomsoever, by virtue of any other Act or law. R.S., c. 29, s. 68. Officers and employees. Receiving bribes. Conspiring to defraud. Permitting breach of law. M;iking false entries. Not giving information. R.S., 1906. OFFENCES AND PENALTIES. 84. Every officer, or person acting in any office or employ- ment, connected with the collection or management of the revenue who, — (a) receives any compensation or reward for the perform- ance of any official duty, except as by law prescribed; or, (b) conspires or colludes with any other person to defraud the Crown, or makes opportunity for any person to defraud the Crown ; or, (c) designedly permits any violation of the law by any other person ; or, (d) wilfully makes or signs any false entry in any book, or wilfully makes or signs any false certificate or return in any case, in which it is his duty to make an entry, certifi- cate or return; or, (e) having knowledge or information of the violation of any revenue law by any person, or of fraud committed by any person against the Crown, under any revenue law of Canada, fails to report m writing, such knowledge or in- formation to his next superior officer; or, 304 (f) Consolidated Revenue and Audit. Chap. 24. 25 (f) demands or accepts or attempts to collect, directly or Demanding indirectly as payment or gift or otherwise, any sum of con|onin° r money, or other thing of value, for the compromise, adjust- offence, ment or settlement of any charge or complaint for any violation or alleged violation of law, except as expressly authorized to do by law, or by the authority of the depart- ment of which he is an officer ; shall be dismissed from office, and is guilty of an indictable Dismissed, offence, and shall, on conviction, be liable to a fine not exceed- and P unish ed- ing five hundred dollars, and to imprisonment for any term not exceeding one year. U.S., c. 29, s. 69. 85. (a) Every person who, directly or indirectly, promises, Offering offers or gives, or causes or procures to be promised, offered bnbes to 07 , r . . . r ' revenue or given any money, goods, chose m action, bribe, present officers. or reward, or any promise, contract, undertaking, obliga- tion or security for the payment or delivery of any money, goods, chose in action, bribe, present or reward, or any other valuable thing whatever, to any officer, or any person acting in any office or employment connected with the with intent, collection or management of the revenue, with intent, — (i) to influence his decision or action on any question or To i n fl uen ce matter which is then pending, or may, by law, be brought decision, or before him in his official capacity; or, (ii) to influence such officer or person to commit, or aid To commit or abet in committing any fraud on the revenue, or to fraud - connive at, collude in, or allow or permit any opportun- ity for the commission of any such fraud; and, (b) Every officer or person who in any wise accepts or re- Officer ceives any such moneys, goods, chose in action, bribe, pre- ac ?eptmg a sent, or reward, or any promise, contract, undertaking, obligation or security for the payment or delivery thereof, or any other valuable thing whatever, or any part of the same respectively ; is guilty of an indictable offence, and liable, on conviction, to a Punishment, fine not exceeding three times the amount so offered or accepted, and to imprisonment for any term not exceeding one year. 2. Every officer or person who holds any office or place under Forfeiture of the Crown, and is convicted under this section, shall forfeit his ° ' office or place; and every person who is convicted under this section shall be for ever disqualified to hold any office of trust. Disqualified. honour or profit under the Crown. R.S., c. 29, s. 70. 86. Every officer and every person acting in any office or Officer of employment connected with the collection of the revenue who is [JJJ^jJjj \\\' or becomes, directly or indirectly, interested in the manufac- making ex- ture or production of any article subject to excise, or who trade- ' in any article subject to excise duties, shall incur a penalty not Penalty. exceeding five hundred dollars and not less than fifty dollars, which shall be recoverable in any court of competent jurisdic- tion. R.S., c. 29, s. 71. 20 305 87. U.S., 1906. 26 Chap. 24. Consolidated Revenue and Audit. Other 87. Nothing herein contained shall prevent, lessen, or im- His^ljjesty P air any remedy which His Majesty or any other person has not impaired, against any person offending against this Act, or his sureties, or againsl any other person whomsoever; but nevertheless the con- viction of ;in\ such offender shall not be received in evidence in any suit, or action at law or in equity, against him. R.S., c. 2'J, s. 72. The property of Hi* Majesty. BOOKS, PAPERS, ETC. 88. All books, papers, accounts and documents of what kind soever, and by whom and at whose cost soever the- paper and materials thereof have been procured or furnished, kept or used by, or received or taken into the possession of any officer or person employed or having been employed in the collection or management of the revenue or in accounting for the same, by virtue of his employment as such, shall be deemed to be chattels belonging to His Majesty; and all moneys or valuable securities received or taken into the possession of any such officer or per- son by virtue of his employment shall be deemed to be moneys and valuable securities belonging to His Majesty. R.S., c. 20, s. 73. Before whom. Affirmation in place of oath. Testimony on oath. OATHS AND DECLARATIONS. 89. Whenever proof on oath or by affirmation or declara- tion is required by any law relating to the collection or manage- ment of the revenue or the accounting for the same, or is necessary for the satisfaction or consideration of the Governor in Council, and no officer or person is specially named before whom such proof is to be made, such proof may be made before any collector or chief officer of the Customs for the port or place where the same is required, or before any person acting for any such collector or chief officer, or before such other officer or person as is appointed by the Governor in Council in that behalf, who shall administer such oath or affirmation or receive such declaration. 2. In any case or class of cases where an oath is required by this Act, or by any law in force, in any matter relating to the collection or management of the revenue or the account- ing for the same, the Governor in Council may authorize the substitution for such oath, of a solemn affirmation or of a declaration, which shall then avail to all intents and purposes as such oath would have done. E.S., c. 29, s. 74. 90. Upon all examinations and inquiries made by any officer or person under order of the Governor in Council for ascertaining the truth as to any fact, relative to anv matter concerning the collection or management of the revenue or the accounting for the same, or the conduct of officers or persons employed therein, and upon like examinations and inquiries 306 made RS.,1906. Consolidated Revenue and Audit. Chap. 24. 27 made by the collector of Customs, or by the chief officer employed in the collection and management of the revenue, in or at any port, district or place, any person to be examined as a witness shall deliver his testimony on oath; and such oath shall be administered to him by the officer or person making the examination or inquiry. R.S., c. 29, s. 75. HOLIDAYS. 91, No day shall be kept as a public holiday by the officers What days and persons employed in the collection and management of the revenue, except Christmas day, ISTew Year's day and Good Friday in every year, any day appointed by proclamation of the Governor General for the purpose of a general fast, or of a general thanksgiving, such days as are appointed for the cele- bration of the birthday of His Majesty and His Royal suc- cessors, and any other statutory holiday, and such other days as are, from time to time, appointed as holidays by the Governor in Council. R.S., c. 29, s. 77. REMISSION OF DUTIES AND FORFEITURES. 92. The Governor in Council, whenever he deems it right By Governor and conducive to the public good, may remit any duty or toll m ounci payable to His Majesty, imposed or authorized to be imposed by any Act of the Parliament of Canada, or by any Act or Ordinance of the legislature of the late province of Canada, or of any of the provinces of Nova Scotia, New Brunswick, British Columbia or Prince Edward Island, in force in Canada, and relating to any matter within the scope of the powers of the Parliament thereof, or any forfeiture or pecuniary penalty imposed or authorized to be imposed by any such Act or Ordin- ance for any contravention of the laws relating to the collection •of the revenue, or to the management of any public work pro- ducing toll or revenue, although any part of such forfeiture or penalty is given by law to the informer or prosecutor, or to any other person: Provided that no duties of Customs or excise, paid to His Majesty on any goods, shall be remitted or refunded on account of such goods having, after the payment of such duties, been lost or destroyed by fire or other unavoidable accident. 2. Such remission may be total or partial, conditional or Conditional unconditional, and may be granted either before or after, ,'i ,',,',',',]'" or pending any suit or proceeding for the recovery of any Time of. duty, toll, penalty or forfeiture, and either before or after any payment thereof has been made or enforced by process or •execution ; and such remission may be exercised by forbearance How from instituting any suit or proceeding for the recovery of any exercised. duty, toll, penalty or forfeiture, or, if the same has been already instituted, then by the delay, stay or discontinuance of any euch suit or proceeding, or by the forbearance to enforce, or 2(H 307 by 'U.S., 1906. 28 Chnp. 24. Consolidaied Revenue and Audit. Effect of. Reconnnen dation by Treasury Board. Statement to Parlia- ment. by the stay or abandonment of any execution or process upon any judgment, or by the entry of satisfaction upon any judg- ment, or by the refund of any sum of money paid to the Minister of Finance for such duty, toll, penalty or forfeiture, or whereof payment has been enforced by any execution or process upon any judgment as aforesaid. 3. If the remission is conditional, the condition, if accepted by the person to whom the remission is accorded, shall be law- ful and valid, and the performance thereof, or the remission only, if unconditional, shall have the same effect as if the remis- sion had beeD made after the duty, toll, penalty or forfeiture had been sued for and recovered; and if the condition is not performed, it may be enforced, or all proceedings may be had as if there had been no remission. 4. Xo remission shall be made in any case unless such case has been considered, and the remission, whether total or par- tial, conditional or unconditional, has been recommended by the Treasury Board, and sanctioned and ordered by the Governor in Council. of 5. A detailed statement of all remissions and refunds of any tolls or duties shall be annually submitted to both Houses of Parliament, within the first fifteen days of the session thereof next following the close of the last preceding financial year. R.S., e. 29, s. 78. Effect of re- mission and pardon. 93. If the Governor in Council directs that the whole or any part of any penalty imposed by any law relating to the revenue be remitted or returned to the offender, such remission or return shall have the effect of a pardon for the offence for which the penalty is incurred, which shall thereafter have no legal effect prejudicial to the person to whom such remission is granted. R.S., c. 29, s. 79. PROCEDURE. Attorney General may 6ue for. Penalties and forfeitures belong to His Majesty. R.S., 1906. 94. The Attorney General of Canada may sue for and recover in II is Majesty's name any penalty, or enforce any forfeiture imposed by any law relating to the revenue, before any court or other judicial authority before which such penalty or forfeiture is recoverable or enforceable under such law, or may direct the discontinuance of any suit in respect of any such penalty or forfeiture by whom or in whose name soever the same has been brought. 2. The whole of the penalty or forfeiture when recovered or enforced, shall belong to His Majesty for the public uses of Canada : Provided that the Governor in Council may, if he sees fit, allow any portion thereof to the seizing officer or other person by whose information or aid the penalty or forfeiture has been recovered or enforced. U.S., c. 29, s. SO. 308 PROTECTION Consolidated Revenue and Audit. Chap. 24. 29 PROTECTION OF OFFICERS. 95. Every action and prosecution against any officer or Venue of person acting in any office or employment connecter! with the ™ tlons ? nd 11 /.' , ' P i '• . prosecutions, collection oi the revenue for any thing- purporting to be done in pursuance of any Act relating to the collection of the revenue, shall, unless otherwise provided, be laid and tried in the dis- trict, county or other judicial division where the act was com- mitted, and not elsewhere, and shall not be commenced except Limitation of within six months next after the act committed. time. 2. Xotice in writing of such action and of the cause thereof Notice to shall be given to the defendant one month at least before the defendant - commencement of the action. 3. In any such action the defendant may plead the general Pleading, issue, and give the provisions of this section and the special matter in evidence at the trial. 4. No plaintiff shall recover in any such action if tender of Tender of sufficient amends is made before action brought, or if a suffi- nient into cient sum of money is paid into court by or on behalf of the court- defendant after action brought. 5. If such action is commenced after the time hereby limited Consequences for bringing it, or is brought or the venue is laid in any other pii^nce 00 * 1 place than as aforesaid, a verdict shall be found or judgment shall be given for the defendant ; and thereupon, or if the plain- Costs, tiff becomes non-suit, or discontinues any such action after issue joined, or if upon demurrer or otherwise judgment is given against the plaintiff, the defendant shall recover his full costs as between solicitor and client, and shall have the like remedy therefor as any defendant has by law in other cases. 6. Although a verdict or judgment is given for the plaintiff Probable in any such action, the plaintiff shall not be entitled to more CaU& than twenty cents damages, and shall not have costs against the defendant, if the judge before whom the trial is had certifies that the defendant had probable cause. 7. If, on any information or suit on account of any seizure Idem, made by any such officer or person, judgment is given for the claimant, and the court or judge certifies that there was prob- able cause for the seizure, the claimant shall not be entitled to costs, and the person who made the seizure shall not be liable to any indictment, prosecution or suit on account thereof. 8. Nothing herein shall prevent the effect of any Act for the other rights protection of officers from vexatious actions for things purport- P reserved - Lug to be done in the performance of their duty. 57-55 V., c. 19, s. 1. OTTAWA: Printed by Samuel Edward Dawson. Law Printer to t lie King's most Excellent Majesty. 309 R.S., 1906. CHAPTER 26. An Act respecting the Ottawa Branch of the Roval Mint. 1. This Act may be cited as the Ottawa Mint Act. 1 E. VII., Short title. c. 4, s. 1. 2. There shall be payable to His Majesty in every year, out Yearly pay- of the Consolidated Revenue Fund of Canada, a sum or sums $75 ooo° not exceeding in the whole in any year seventy-five thousand dollars, for defraying the salaries, contingencies, retiring and other allowances and expenses connected with the maintenance of the Ottawa Branch of the Royal Mint. 2. Such yearly payments shall take effect and begin to run \\h cn pay- on the day upon which a proclamation issued in England by ments sna N .•• .-•• .. commence His Majesty is duly published in Canada, directing that a branch of the Royal Mint be established at or near Ottawa. 1 E. VII., c. 4, s. 2. 3. The said sums of money shall be paid by the Minister of Mode and Finance to such persons, and at such times, and in such man- m ™nt° Pay " ner as the Lords Commissioners of His Majesty's Treasury direct ; and the Minister of Finance shall account to His Majesty for the said sums through the said Lords Commis- sioners in such manner and form as His Majesty is pleased to direct. 1 E. VII., c. 4, s. 3. 4. From and after the day on which the aforesaid yearly How fees payments commence, all sums, by way of fees, dues or charges, ^h lawfully received or collected at the Ottawa Branch shall be from time to time accounted for and paid over by the Deputy Master, or other proper officer of the said branch, to the Minister of Finance, to be by him paid into the Consolidated Revenue Fund of Canada. 1 E. VII., c. 4, s. 4. OTTAWA: Printed by Samuel Edward Dawson. Law Printer to the Kind's most Excellent Majesty. 315 R.S., 1906. CHAPTER 27. An Act respecting Dominion Notes. SHORT TITLE. It This Act may be cited as the Dominion Notes Act. Short title. INTERPRETATION. 2. In this Act, unless the context otherwise requires, — Definitions. (a) ' specie ' means coin current by law in Canada, at the rates and subject to the provisions of the law in that be- half, or bullion of equal value according to its weight and fineness ; (b) ' Dominion notes ' means notes of the Dominion of Canada issued and outstanding under the authority of this Act. 3 E. VII., c. 43, ss. 1 and 2. ISSUE AND REDEMPTION. 3. Dominion notes may be issued and outstanding at any i SSU e of time to any amount, and such notes shall be a legal tender in Dominion every part of Canada except at the offices at which they are redeemable. 3 E. VII., c. 43, s. 2. 4. Dominion notes shall be of such denominational values Denomina- as the Governor in Council determines, and shall be in such J. lon and form, and signed bv such persons and in such manner, by lithograph, printing or otherwise, as the Minister of Finance from time to time directs. 2. Such notes shall be redeemable in specie on presentation Redemption at branch offices established or at banks with which arrange- ,n s P ecie - monts are made for the redemption thereof as hereinafter provided. 3 E. VIL, c. 43, s. 3. SECURITY. 5. The Minister of Finance shall always hold aa Becurity Amount held for the redemption of Dominion notes up to and including thirty ^ r s ^ unty million dollars, issued and outstanding at any one time an demption. amount equal to not loss' than twenty-five per centum of the amount of such notes in gold, or in gold and securities of 3 1 7 Canada, R.S., 1906. Chi ip- !7. Dominion Notes. Amount held in gold. Notes in excess of $30,000,000. Loan may be raised if amount of security is in- sufficient. Canada, the principal and interest of which are guaranteed by the Government of the United Kingdom. 2. The amount so held in gold shall be not less than fifteen per centum of the amount of such notes so issued and out- standing. 3. As security for the redemption of Dominion notes issued in excess of thirty million dollars the Minister shall hold an amount in gold equal to such excess. 3 E. VII., c. 43, s. 4. 6. In case the amount held in accordance with the provisions of this Act as security for the redemption of Dominion notes is not sufficient to pay the Dominion notes presented for redemp- tion, or -in case the amount so held is reduced below the amount required by this Act to be held, the Governor in Council may raise, by way of loan, temporary or otherwise, such sums of money as are necessary to pay such notes or to provide the amount required to be held as security for the redemption of Dominion notes issued and outstanding. 3 E. VII., c. 43, s. 5. PROCEEDS AND EXPENSES. Proceeds of notes ; ex- penses in- curred. 7. The proceeds of Dominion notes so issued shall form part of the Consolidated Revenue Ennd of Canada, and all expenses incurred or required to be paid in connection with the engraving, printing or preparation of such notes, or the signing, issue or redemption thereof, shall be paid out of the said fund. 3 E. VII., c. 43, s. 5. MONTHLY STATEMENT. 8. The Minister of Finance shr.ll publish monthly in the Monthly Minister in Canada Gazette a statement of the amount of Dominion notes Canada outstanding on the last day of the preceding month, and of the gold and guaranteed debentures then held by him for securing the redemption thereof. 3 E. VII., c. 43, s. G. AGENCIES FOR REDEMPTION. Officers of 9. The Governor in Council may establish branch offices a r!demp S tic?n. of the Department of Finance at Toronto, .Montreal, Halifax. St. John, Winnipeg, Victoria and Charlottctown, for the redemption of Dominion notes, or may make arrangements with a chartered bank at any of the said places for the redemption thereof. 2. Every assistant receiver general appointed at any of the said places under Part II. of the Savings Banks Act shall be an agent for the issue and redemption of such notes. 3 E. VII., c. 43, s. 7. 318 NOTES K.S., 1906. Assistant receiver general. Dominion Notes. Chap. 27. 3 NOTES OF LATE PROVINCE OF CANADA. 10. Provincial notes under the Act of the late province Redemption of Canada, passed in the session held in the twentv-ninth and °f , notes . oi i • • i c tt i hit • /^ XT- • • °'" province thirtieth years of Her late Majesty Queen Victoria s reign, of Canada, chapter ten, intituled An Act to provide for the issue of Pro- vincial Notes, shall be held to be notes of the Dominion of Canada, and shall be redeemable in specie on presentation at Toronto, Montreal, Halifax, or St. John, according as the same are respectively made payable, and shall be legal tender except at the offices at which thev so are respectivelv made payable. 3 E. VII., c. 43, s. 8. OTTAWA: Printed by Samuel Edward Dawson, Law Printer to the King's most Excellent Majesty. 310 R.S., 1906 CHAPTER 28. An Act respecting Subsidies and Allowances to the Provinces. SHORT TITLE. 1. This Act may be cited as the Provincial Subsidies Act. Short title. FIXED SUBSIDIES. New Brunswick. 2. The province of JSTew Brunswick, in consideration of the Subsidy to Legislature thereof having passed an Act providing for the wick in lien repeal of all duties of export on lumber exported from the of export Province, shall, so long as no such duties of export are imposed lumber. by the said Legislature, be paid, in addition to the subsidy to which the Province is entitled, a subsidy at the rate of one hundred and fifty thousand dollars annually, as indemnity for the loss of such duties and the right to impose the same. U.S., c. 46, s. 1. Prince Edward Island. 3. To the province of Prince Edward Island, there shall Subsidy to continue to be paid in addition to all other subsidies and Edward allowances payable to the Province, an annual allowance or Island. subsidy of twenty thousand dollars, payable half-yearly in advance on the first days of July and January in each and every year. 2. To the said province of Prince Edward Island, in addi- Additional, tion to all other sums authorized by law, there shall also continue to be paid an annual allowance of thirty thousand dollars, payable half-yearly in advance on the first days of July and January in each and every year. 3. Such last-mentioned annual allowance shall be paid and ln settle- accepted in full settlement of all claims of the Province againsj certain the Dominion of Canada on account of alleged non-fulfilment claims. of the terms of union between the Dominion and the Province as respects the maintenance of efficienl steam communication between the Island and the mainland. 50-51 V., C. s . 9. 1 ; 1 E. VII., c. 3, s. 1. 21 321 Manitoba. R.S., 1006. Chap. 28. Provincial Subsidies. Subsidy to Manitoba. For Govern- ment, etc. Readjust- ment of /XT capita allow- ance accord- ing to census. Indemnity for want of public lands. Manitoba. 4. The following amounts shall be allowed as the annual! subsidy to the province of Manitoba, and shall be paid yearly to the Province, that is to say : — (a) For the support of the Government and Legislature, fifty thousand dollars ; (b) On an estimated population of one hundred and fifty thousand, at eighty cents per head, one hundred and twenty thousand dollars, subject to be increased as here- inafter mentioned, that is to say: a census of the Province shall be taken in every fifth year, reckoning from the general census of one thousand eight hundred and eighty- one ; and an approximate estimate of the population shall be made at equal intervals of time between each quin- quennial and decennial census ; and whenever the popula- tion, by any such census or estimate, exceeds one hundred and fifty thousand, which shall be the minimum on which the said allowance shall be calculated, the amount of the said allowance shall be increased accordingly, and so on, until the population has reached four hundred thousand souls ; (c) As an indemnity for the want of public lands, one hun- dred thousand dollars. R.S., c. 46, s. 5. of debt. INTEREST ON DEBT ALLOWANCES. Allowances 5. In the accounts between the several provinces of Ontario, in relTdoT 3 Quebec, Nova Scotia, New Brunswick and British Columbia, to amount respectively, and Canada, the amounts payable to and charge- able against the said provinces respectively, in so far as they depend upon the amount of debt with which each province entered the Union, shall be calculated and allowed as if, — (a) in the case of the provinces of Ontario and Quebec respectively, the sum fixed by the one hundred and twelfth section of The British North America Act, 1867, was increased from sixty-two million five hundred thousand dollars to seventy-three million six hundred and eighty- eight dollars and eighty-four cents; (b) in the case of the province of Nova Scotia, the amount fixed by the one hundred and fourteenth section of the said Act was increased in the same proportion ; '(c) in the case of the province of New Brunswick, the amount fixed by the one hundred and fifteenth section of the said Act, was increased in the same proportion ; and, (d) in the case of the province of British Columbia, the amount upon which it was to receive interest fixed by or under the terms and conditions on which the province was admitted into the Dominion was increased in the same proportion. 322 2. R.S.,1906. Provincial Subsidies. Chap. 28. 3 2. The increased subsidy to be allowed to the province of As to Nova Nova Scotia under this section shall be based upon the sum of nine million one hundred and eighty-six thousand seven hun- dred and fifty-six dollars, as if that sum had been mentioned in the one hundred and fourteenth section of The British North America Act, 1867, instead of the sum of eight million dollars. R.S., c. 46, s. 2. 6. In the accounts between the several provinces and Can- Calculation ada, the amounts by which the yearly subsidy to each province f o oJjJJJjJf 8 " was increased by the Act of the Parliament of Canada, passed and Quebec in the thirty-sixth year of Her late Majesty Queen Victoria's |^ t f° c ^ d va reign, chapter thirty, as explained with respect to Nova New Bruns- Scotia by the Act of the said Parliament, passed in the thirty- ™ seventh year of Her said late Majesty's reign, chapter three, shall be calculated and allowed to Ontario and Quebec jointly, as having formed the late province of Canada, and to Nova Scotia and New Brunswick, as if the said Acts had directed that such increase should be allowed from the day of the coming into force of The British North America Act, 1867. 2. The total amount of the half-yearly payments which would Capital bear- in that case have been made on account of such increase from a^fiv^per the first day of July, one thousand eight hundred and sixty- cent, seven, up to and including the first day of January, one thous- and eight hundred and seventy-three, with interest on each at five per centum per annum, from the day on which it would have been so paid to the first day of July, one thousand eight hundred and eighty-four, shall be deemed capital owing to the said provinces respectively, bearing interest at five per centum per annum, which interest shall be payable to them as part of their yearly subsidies from Canada. R.S., c. 46, s. 3. 7. In the accounts between Canada and the provinces of As to Brit isb British Columbia and Prince Edward Island, the amounts and Prince calculated and allowed as the debts of those provinces respect- T^? WI \ r(1 ively, on the nineteenth day of April, one thousand eight hun- dred and eighty-four, and on which they were then paid in- terest by Canada, shall be increased by amounts bearing the Increase, same proportion to the respective populations of the said pro- vinces, as ascertained by the census of one thousand eight hundred and eighty-one, as the total of the amounts to be added under the next preceding section as capital owing to Ontario and Quebec, Nova Scotia and New Brunswick, bear to the combined population of the four Last-named provinces, as ascer- tained by the said census of one thousand eight hundred and eighty-one. 2. The amounts of such increases, aa regards the said pro- Capital bear- vinces of British Columbia and Prince Edward Island, shall alV^per' be deemed capital owing to the said provinces respectively, cent. hearing interest at the rate the shareholders of the bank shall be valid for that purpose, unless it has been made or renewed in writing within the two years last preceding the time of such meeting. 9. No shareholder shall vote, either in person or by proxy, Calla must on any question proposed for the consideration of the share before' holders of the bank at any meeting of the shareholders, or voting. in any case in which the votes of the shareholders of tho bank 335 are R.S., 1906. 10 Chap. 29. Banks. are taken, unless he lias paid all calls made by the directors which are then due and payable. 53 V., c. 31, s. 25. CAPITAL STOCK. Increase By-law, 33. The capita] slock of the bank may be increased, from time to time, by such percentage, or by such amount, as is determined upon by by-law passed by the shareholders, at the annual general meeting, or at any special general meeting called for the purpose. Approval of 2. No su^fc by-law shall come into operation, or be of any Board. force or effect, unless and until a certificate approving thereof has been issued by the Treasury Board. Conditions 3. ~$ Sllc h certificate shall be issued by the Treasury Board ' unless application therefor is made within three months from the time of the passing of the by-law, nor unless it appears to the satisfaction of the Treasury Board that a copy of the by-law, together with notice of intention to apply for the certi- ficate, has been published for at least four weeks in the Canada Gazette, and in one or more newspapers published in the place where the chief office or place of business of the bank is situate. 4. Nothing herein contained shall be construed to prevent the Treasury Board from refusing to issue such certificate if it thinks best so to do. 53 V., c. 31, s. 26. Treasury Bo i id may refuse. Allotment. To present shareholders. To the public. 34. Any of the original unsubscribed capital stock, or of the increased stock of the bank, shall, when the directors so determine, be allotted to the then shareholders of the bank pro rata, and at such rate as is fixed by the directors : Provided that, — (a) no fraction of a share shall be so allotted; and, (b) in no case shall a rate be fixed by the directors, which will make the premium, if any, paid or payable on the stock so allotted, exceed the percentage which the reserve fund of the bank then bears to the paid-up capital stock thereof. 2. Any of such allotted stock which is not taken up by the shareholder to whom the allotment has been made, within six months from the time when notice of the allotment was mailed to his address, or which he declines to accept, may be offered for subscription to the public, in such manner and on such terms as the directors prescribe. 53 V., c. 31, s. 27. 35. The capita] stock of the bank may be reduced by by-law passed by the shareholders at the annual general meeting, or at a special general meeting called for the purpose. 2. Xo such by-law shall come into operation or be of force or effect until a certificate approving thereof has been issued by the Treasury Board. 3. Xo such certificate shall be issued by the Treasury Board for approva . iin | egs a ppli ca ti n therefor is made within three months from 336 the R.S., 1906. Reduction. Approval of Treasury Board. renditions 1 Banks. Chap. 29. 11 the time of the passing of the by-law, nor unless it appears to the satisfaction of the Board that, — (a) the shareholders voting for the by-law represent a majority in value of all the shares then issued by the bank ; and, (b) a copy of the by-law, together with notice of intention to apply to the Treasury Board for the issue of a certificate approving thereof, has been published for at least four weeks in the Canada Gazette, and in one or more news- papers published in the place where the chief office or place of business of the bank is situate. 4. Xothing herein contained shall be construed to prevent Treasury the Treasury Board from refusing to issue the certificate if re°fuse. may it thinks best so to do. 5. In addition to evidence of the passing of the by-law, and ^ a ^™ u ^ s of the publication thereof in the manner in this section pro- mitted. vided, statements showing, — (a) the amount of stock issued ; (b) the number of shareholders represented at the meeting at which the by-law passed ; (c) the amount of stock held by each such shareholder; (d) the number of shareholders who voted for the by-law ; (e) the amount of stock held by each of such last mentioned shareholders ; (f) the assets and liabilities of the bank in full; and, (g) the reasons and causes why the reduction is sought ; shall be laid before the Treasury Board at the time of the appli- To Treasury cation for the issue of a certificate approving the by-law. 6. The passing of the by-law, and any reduction of the Not to affect capital stock of the bank thereunder, shall not in any way shareholders, diminish or interfere with the liability of the shareholders of the bank to the creditors thereof :.\ the time of the issue of the certificate approving the by-law. 7. If in any case legislation is sought to sanction any reduc- jf legislation tion of the capital stock of any bank, a copy of the by-law or Action t0 resolution passed by the shareholders in regard thereto, together reduction. with statements similar to those by this section required to be laid before the Treasury Board, shall, at least one month prior to the introduction into Parliament of the Bill relating to such reduction, be tiled with the Minister. 8. The capital shall not be reduced below the amount of two ] jimit f hundred and. fifty thousand dollars of paid-up stock. 5:5 V., reduction, e. 31, s. 28. SHAKES AM) CALLS. 36. The shares of the capital stock of the bank -ball be per- shares sonal property. personalty. 2. Books of subscription may be opened at the chief place <>t Bool business of the bank, or at Buch of its branches, or at such place subscription. 22 337 or R.S.,1008 12 Chap 29. Banks. Transfers. Dividends. Agents. or places in the United Kingdom or in any of the British col- onies or possessions, as the directors prescribe. 3. The shares shall be assignable and transferable at any of the places aforesaid, according to such forms and subject to such rules and regulations as the directors prescribe. 4. The dividends accruing upon any shares of the capital stock of the bank may be made payable at any of the places aforesaid. 5. The directors may appoint such agents in the United Kingdom, or in any of the British colonies or possessions, for the purposes of this section, as thev deem necessary. 53 V., c. 31, s. 29. Payment of shares. Cancellation for non-pay- ment. Not to relieve if bank insol- vent. 37. The shares of the capital stock shall be paid in by such instalments and at such times and places as the directors appoint. 2. The directors may cancel any subscription for any share, unless a sum equal to ten per centum at least on the amount subscribed for is actually paid at or within thirty days after the time of subscribing. 3. Such cancellation shall not, in the event of insolvency, relieve the subscriber as hereinafter provided, from his liability to creditors. 53 V., c. 31, s. 30. Calls on 38, The directors may make such calls of money from the several shareholders for the time being, upon the shares sub- scribed for by them respectively, as they find necessary. Intervals for 2. Such calls shall be made at intervals of not less than thirty days. 3. Notice of any such call shall be given at least thirty days prior to the day on which the call is payable. 4. Kfo such call shall exceed ten per centum of each share subscribed. 53 V., c. 31, s. 31. calls. Notice. Limitation. Capital lost to be called for. Returns to mention. Recovery of calls. Forfeiture. Fine for failure to pay call. U.S., 1906. 39. If any part of the paid-up capital is lost the directors shall, if all the subscribed stock is not paid up, forthwith make calls upon the shareholders to an amount equivalent to the loss : Provided that all net profits shall be applied to make good such loss. 2. Any such loss of capital and the calls, if any made in re- spect thereof, shall be mentioned in the next return made by the bank to the Minister. 53 V., c. 31, s. 48. 40. In case of the non-payment of any call, the directors may, in the corporate name of the bank, sue for, recover, col- lect and get in any such call, or may cause and declare the shares in respect of which any such call is made to be forfeited to the bank. 53 V., c. 31, s. 32. 41. If any shareholder refuses or neglects to pay any in- stalment upon his shares of the capital stock at the time appoint- 338 ed Banks. Chap. 29. 13 ed therefor, such shareholder shall incur a penalty, to the use of the bank, of a sum of money equal to ten per centum of the amount of such shares. 2. If the directors declare any shares to be forfeited to the Sale of for- bank they shall, within six months thereafter, without any £eited shares - previous formality, other than thirty days' public notice of their intention so to do, sell at public auction the said shares, or so many of the said shares as shall, after deducting the reasonable expenses of the sale, yield a sum of money sufficient to pay the unpaid instalments due on the remainder of the said shares, and the amount of penalties incurred upon the whole. 3. The president or vice-president, manager or cashier of Transfer, the bank shall execute the transfer to the purchaser of the executed, shares so sold ; and such transfer shall be as valid and effectual in law as if it had been executed by the original holder of the shares thereby transferred. 4. The directors, or the shareholders at a general meeting, Remission may, notwithstanding anything in this section contained, °£ penalty 1 re remit, either in whole or in part, and conditionally or uncon- ditionally, any forfeiture or penalty incurred by the non-pay- ment of instalments as aforesaid. 53 V., c. 31, s. 33. 42. In any action brought to recover any money due on Recovery by any call, it shall not be necessary to set forth the special mat- actlon - ter in the declaration or statement of claim, but it shall be sufficient to allege that the defendant is the holder of one share or more, as the case may be, in the capital stock of the bank, Allegations. and that he is indebted to the bank for a call or calls upon such share or shares, in the sum to which the call or calls amount, as the case may be, stating the amount and number of the calls. 2. It shall not be necessary, in any such action, to prove the p roo f. appointment of the directors. 53 V., c. 31, s. 34. TRANSFER AND TRANSMISSION OF SHARES. 43. No assignment or transfer of the shares of the capita] Conditions stock of the bank shall be valid unless,— of'shSS?* (a) made, registered and accepted by the person to whom the transfer is made in a book or books kept for that pur- pose ; and, (b) the person making the assignment or transfer has, if required by the bank, previously discharged all his debts or liabilities to the bank which exceed in amounl the remaining stock, if any, belonging to such person, valued at the then current rate. 2. No fractional part of a share, or less than a whole share. Fraction of shall be assignable or transferable. 53 V.. c. 31, s. 35. tWeSble. 44. A list of all transfers of shares registered each day in list of the books of the hank, showing, in each case, the parties to such transfers. 22} 339 transfers R.S.,loon. 14 Chap. 29. Banks. For inspec- tion. transfers and the number of shares transferred, shall be made up at the end of each day. 2. Such lists shall be kept at the chief place of business of the bank, for the inspection of its shareholders. 53 V., c. 31, s. 36. Require- ments for valid trans- fer. Contract to state num- ber. Purchasers without notice. 45. All sales or transfers of shares, and all contracts and agreements in respect thereof, hereafter made or purporting to be made, shall be null and void, unless the person making the sale or transfer, or the person in whose name or behalf the sale or transfer is made, at the time of the sale or transfer, — (a) is the registered owner in the books of the bank of the share or shares so sold or transferred, or intended or pur- porting to be so sold or transferred ; or, (b) has the registered owner's assent to the sale. 2. The distinguishing number or numbers, if any, of such share or shares shall be designated in the contract of agreement of sale or transfer. •'!. Notwithstanding anything in this section contained, the rights and remedies under any contract of sale, which doei not comply with the conditions and requirements in this section mentioned, of any purchaser who has no knowledge of such non-compliance, are hereby saved. 53 V., c. 31, s. 37. Sale of shares under execution. Transfer, how executed. Validity. 46. When any share of the capital stock has been sold under a writ of execution, the officer by whom the writ was executed shall, within thirty days after the sale, leave with the bank an attested copy of the writ, with the certificate of such officer endorsed thereon, certifying to whom the sale has been made. 2. The president, vice-president, manager or cashier of the bank shall execute the transfer of the share so sold to the purchaser, but not until after all debts and liabilities to the bank of the holder of the share, and all liens in favour of the bank existing thereon, have been discharged as by this Act provided. 3. Such transfer shall be to all intents and purposes as valid and effectual in law as if it had been executed by the holder of the said share. 53 V., c. 31, s. 38. Transmis- 47. If the interest in any share in the capital stock of any share's. bank is transmitted by or in consequence of, — (a) the death, bankruptcy, or insolvency of any shareholder; or, (b) the marriage of a female shareholder; or, (c) any lawful means, other than a transfer according to the provisions of this Act ; How authen- the transmission shall be authenticated by a declaration in writing, as hereinafter mentioned, or in such other manner as the directors of the bank require. 340 2. R.S., 1906. Banks. Chap. 29. 15 2. Every such 'declaration shall distinctly state the manner Declaration, in which and the person to whom the share has been trans- mitted, and shall be made and signed by such person. 3. The person making and signing the declaration shall Acknowledg- acknowledge the same before a judge of a court of record, or before the mayor, provost or chief magistrate of a city, town, borough or other place, or before a notary public, where the same is made and signed. 4. Every declaration so signed and acknowledged shall be left To be left with the cashier, manager, or other officer or agent of the bank, who shall thereupon enter the name of the person entitled under the transmission in the register of shareholders. 5. Until the transmission has been so authenticated, no per- Exercise of son claiming by virtue thereof shall be entitled to participate in rights as the profits of the bank, or to vote in respect of any such share of the capital stock. 53 V., c. 31, s. 39. 48. If the transmission of any share of the capital stock has Transmission taken place by virtue of the marriage of a female shareholder, J female^ the declaration shall be accompanied by a copy of the register shareholder, of such marriage, or other particulars of the celebration thereof, and shall declare the identity of the wife with the holder of such Declaration, share, and shall be made and signed by such female shareholder and her husband. 2. The declaration may include a statement to the effect If separate that the share transmitted is the separate property and under w if e e the sole control of the wife, and that she may, without requir- ing the consent or authority of her husband, receive and grant receipts for the dividends and profits accruing in respect there- of, and dispose of and transfer the share itself. 3. The declaration shall be binding upon the bank and per- Revocation, sons making the same, until the said persons see fit to revoke it by a written notice to the bank to that effect. 4. The omission of a statement in any such declaration that Omission not the wife making the declaration is duly authorized by her to invalldate - husband to make the same shall not invalidate the declaration. 53 V.. c. 31, s. 40. 49. Every such declaration and instrument as are by the Authentica- last two preceding sections required to perfect the transmission fa, of a share in the bank shall, if made in any country other than in certain Canada, the United Kingdom or a British colony, — (a) be further authenticated by the clerk of a court of record under the seal of tli«' court, or by the British consul or vice-consul, or other accredited representative of Elis Majesty's Government in the country where the declara- tion or instrument is made ; or, (b) be made directly before such British consul, vice-consul or other accredited representative. 341 2. R.S.,1906. 16 Chap. 29. Banks. Further 2. The directors, cashier or other officer or 'agent of the bank may require corroborative evidence of any fact alleged in any such declaration. 53 V., c. 31, s. 39. Transims- 50. If the transmission has taken place by virtue of any sion »V "'111 . . L J » i or intestacy, testamentary instrument, or by intestacy, the probate of the will, or the letters of administration, or act of curatorship or tutorship, or an official extract therefrom, shall, together with the declaration, be produced and left with the cashier or other officer or agent of the bank. Entr ?- 2. The cashier or other officer or agent shall thereupon enter in the register of shareholders the name of the person entitled under the transmission. 53 V., c. 31, s. 41. bv^ecea^e^ 11 **** ^ ^e transmission of any share of the capital stock has taken place by virtue of the decease of any shareholder, the pro- duction to the directors and the deposit with them of, — (a) any authenticated copy of the probate of the will of the deceased shareholder, or of letters of administration of his estate, or of letters of verification of heirship, or of the act of curatorship or tutorship, granted by any court in Canada having power to grant the same, or by any court or authority in England, Wales, Ireland, or any British colony, or of any testament, testamentary or testament dative expede in Scotland ; or, (b) an authentic notarial copy of the will of the deceased shareholder, if such will is in notarial form according to the law of the province of Quebec; or, (c) if the deceased shareholder died out of His Majesty's dominions, any authenticated copy of the probate of his will or letters of administration of his property, or other document of like import, granted by any court or authority having the requisite power in such matters ; shall be sufficient justification and authority to the directors for paying any dividend, or for transferring or authorizing the transfer of any share, in pursuance of and in conformity to the probate, letters of administration, or other such document as aforesaid. 53 V., c. 81, s. 42. SHARES SUBJECT TO TRUSTS. Bank not 52. The bank shall not be bound to see to the execution of totaists 3Ce an y trust, whether expressed, implied or constructive, to which any share of its stock is subject. Receipt. 2. The receipt of the person in whose name any such share stands in the books of the bank, or, if it stands in the names of more persons than one, the receipt of one of such persons, shall be a sufficient discharge to the bank for any dividend or any other sum of money payable in respect of such share, unless, previously to such payment, express notice to the contrary has been given to the bank. 342 3. R.S., 1906. Banks. Chap. 29. 17 3. The bank shall not be bound to see to the application Bank not of the money paid upon such receipt, "whether given by one bound - of such persons or all of them. 53 V., c. 31, s. 43. 53. !N"o person holding stock in the bank as executor, admin- Executor, istrator, guardian, trustee, tutor or curator of or for any estate, personally trust or person named in the books of the bank as being so liable as represented by him, shall be personally subject to any liability sharenolder9 - as a shareholder; but the estate and funds in his hands shall be liable in like manner and to the same extent as the testator, intestate, ward or person interested in such estate and funds would be, if living and competent to hold the stock in his own name. 2. If the trust is for a living person, such person shall also Cestui que himself be liable as a shareholder. trust liabIe - 3. If the estate, trust or person so represented is not so Executor, named in the books of the bank, the executor, administrator, f/t'rustno't guardian, trustee, tutor or curator shall be personally liable named. in respect of the stock, as if he held it in his own nanle as owner thereof. 63-61 V., c. 26, s. 8. ANNUAL STATEMENT AND INSPECTION. 54, At every annual meeting of the shareholders fur the Statement to • • • be laid election of directors, the out-going directors shall submit a before clear and full statement of the affairs of the bank, exhibiting, *!«"»] nieetinff on the one hand, the liabilities of or the debts due by the bank, and, on the other hand, the assets and resources thereof. 2. The statement shall show, on the one part, — Liabilities. (a) the amount of the capital stock paid in ; (b) the amount of the notes of the bank in circulation; (c ) the net prolits made ; (d) the balances due to other banks ; and, (e) the cash deposited in the bank, distinguishing deposits bearing interest from those not bearing interest. 3. The statement shall show, on the other part, — Assets. (a) the amount of the current coin, the gold and silver bul- lion and the Dominion notes held by the bank ; (b) the balances due to the bank from other banks ; (c) the value of the real and other property of the bank; and, (d) the amount of debts owing to the bank, including and particularizing the amounts so owing upon bills of ex- change, discounted notes, mortgages and other securities. 4. The statement shall also exhibit, — Other (a) the rate and amount of the last dividend declared by P articulars - the directors ; (b) the amount of reserved profits at the date of such state- ment ; and, 343 (c) R.S., 1906. 18 Chap. 29. Bank i (c) the amount of dehts due to the bank, overdue and not paid, with an estimate of the loss which will probably accrue thereon. 53 V., c. 31, s. 45. Further statements as required bv by-law. When to be submitted. Inspection of books. Customer's accounts. 55. The directors shall also submit to the shareholders such further statements of the affairs of the bank, other than state- ments with reference to the account of any person dealing with the bank, as the shareholders require by by-law passed at the annual general meeting, or at any special general meeting of the shareholders called for the purpose. 2. The statements so required shall be submitted at the annual general meeting, or at any special general meeting called for the purpose, or at such time and in such manner as is set forth in the by-law of the shareholders requiring such state- ments. 63-6-1 V., c. 26, s. 9. 56. The books, correspondence and funds of the bank shall, at all times, be subject to the inspection of the directors. 2» No person, who is not a director, shall be allowed to in- spect the account of any person dealing with the bank. 53 V., c. 31, s. 46. DIVIDENDS. Quarterly or half yearly. Notice. Books closed. Dividend not to impair capital. Directors liable for such divi- dend. Dividend limited unless there is a certain reserve. 57. The directors of the bank shall, subject to the provi- sions of this Act, declare quarterly or half yearly dividends of so much of the profits of the bank as to the majority of them seems advisable. 2. The directors shall give at least thirty days' public notice of the payment of such dividends previously to the date fixed for such payment. 3. The directors may close the transfer books during a cer- tain time, not exceeding fifteen days, before the payment of each dividend. 53 V., c. 31, s. 47. 58. No dividend or bonus shall ever be declared so as to impair the paid-up capital of the bank. 2. The directors who knowingly and wilfully concur in the declaration or making payable of any dividend or bonus, whereby the paid-up capital of the bank is impaired, shall be jointly and severally liable for the amount of such dividend or bonus, as a debt due by them to the bank. 53 V., c. 31, s. 48. 59. ISTo division of profits, either by way of dividends or bonus, or both combined, or in any other way, exceeding the rate of eight per centum per annum, shall be made by the bank, unless, after making the same, the bank has a rest or reserve fund, equal to at least thirty per centum of its paid-up capital after deducting all bad and doubtful debts. 53 V., c. 31, s. 49. 344 CASH R.S., 1906. Banks. Chap. 29. 19 CASH RESERVES. 60. The bank shall hold not less than forty per centum of its Forty per cash reserves in Dominion notes. ^Dominion 2. The Minister shall make such arrangements as are neces- notes, sarv for ensuring the deliverv of Dominion notes to any bank, Supply of J . D ^ ,. . . d \ Dominion in exchange lor an equivalent amount ol specie, at the severaJ notes. offices at which Dominion notes are redeemable, in the cities of Toronto, Montreal, Halifax, St. John, Winnipeg, Victoria and Charlottetown, respectively. 3. Such notes shall be redeemable at the office for redemption Redemption, of Dominion notes in the place where the specie is given in exchange. 53 V., c. 31, s. 50. THE ISSUE AND CIRCULATION OF NOTES. 61. The bank may issue and re-issue notes payable to bearer Authority on demand and intended for circulation: Provided that, — Proviso. (a) the bank shall not, during any period of suspension of payment of its liabilities, issue or re-issue any such notes; and, (b) if, after any such suspension, the bank resumes business without the consent in writing of the curator, hereinafter provided for, it shall not issue or re-issue any of such notes until authorized by the Treasury Board so to do. 2. No such note shall be for a sum less than five dollars, or $5. or multi- for any sum which is not a multiple of five dollars. ples thereof - 3. The total amount of such notes, in circulation at any time, Amount shall not exceed the amount of the unimpaired paid-up capital imi e ' of the bank. 4. Notwithstanding anything in this section contained the Bank of total amount of such notes of the Bank of British North North America in circulation at any time shall not exceed seventy-live America, per centum of the unimpaired paid-up capital of the Bank : Provided that, — (a) the Bank may issue such notes in excess of the said seventy-five per centum upon depositing with the Minister, in respect of the excess, in cash or bonds of the Dominion of Canada, an amount equal to the excess; and the cash or bonds so deposited shall, in the event <>t' the suspension of the Bank, be available by the Minister for the redemp- tion of the notes issued in excess as aforesaid ; and, (b) the total amount of such notes of the Bank in circulation at any time shall in no case exceed its unimpaired paid-up capital. 5. All notes heretofore issued or re-issued by any bank, and Notes under now in circulation, which are for a sum less than five dollars, or ^^pi^ m for a sum which is not a multiple of five dollars, shall be called of $S to be in and cancelled as soon as practicable. 53 V., c. 31, -. ."'1 ; coMed m " 63-6-1 V., c. 26, s. 10. 345 62. R.S., 1906. 20 Chap. 29. Banks. Note issue at agency in British pos- •i utlier than Canada. Governor in Council to fix rate for circulation. Redemption. Redemption if agency is abolished. Total amount of circulation. No re-issue in Canada. Section limited. 6.2. Notwithstanding the provisions of the last preceding section any ban]: may issue and re-issue, at any office or agency of the bank in any British colony or possession other than Can- ada, notes of the bank payable to bearer on demand and in- tended for circulation in such colony or possession, for the sum of one pound sterling each, or for any multiple of such sum, or for the sum of five dollars each, or for any multiple of such sum, of the dollars in commercial use in such colony or posses- sion, if the issue or re-issue of such notes is not forbidden by the laws of such colony or possession. 2. Xo issue of notes of the denomination of five such dollars, or any multiple thereof, shall be made in any such British colony or possession unless nor until the Governor in Council, on the report of the Treasury Board, determines the rate, in Canadian currency, at which such notes shall be circulated as forming part of the total amount of the notes in circulation within the meaning of the last preceding section. 3. The notes so issued shall be redeemable at par at any office or agency of the bank in the colony or possession in which they are issued for circulation, and not elsewhere, except as in this section specially provided ; and the place of redemption of such notes shall be legibly printed or stamped across the face of each note so issued. 4. In the event of the bank ceasing to have an office or agency in any such British colony or possession, all notes issued in such colony or possession under the provisions of this section shall become payable and redeemable at the rate of four dollars and eighty-six and two-thirds cents per pound sterling, or, in the case of the issue of notes, of the denomination of five dollars, or any multiple thereof, of the dollars in commercial use in such colony or possession, at the rate established by the Governor in Council as required by this section, in the same manner as notes of the bank issued in Canada are payable and redeemable. 5. The amount of the notes at any time in circulation in any such colony or possession, issued under the provisions of this section, shall, at the rate mentioned in the last preceding sub- section, form part of the total amount of the notes in circula- tion within the meaning of the last preceding section, and, except as herein otherwise specially provided, shall be subject to all the provisions of this Act. 6. Xo notes issued for circulation in a British colony or pos- session other than Canada shall be re-issued in Canada. 7. Nothing in this section contained shall be construed to authorize any bank, — (a) to increase the total amount of its notes in circulation in Canada and elsewhere beyond the limit fixed by the last preceding section ; or, (b) to issue or re-issue in Canada notes payable to bearer on demand, and intended for circulation, for a sum less than five dollars, or for a sum which is not a multiple of five dollars. 4 E. VII., c. 3, ss. 1, 2, 3 and 4. 346 63. R.S., 1906. Banks. Chap. 29. 21 63. The bank shall not pledge, assign, or hypothecate its Pledge, etc., i j -I J \i •* jr i-i, of notes notes ; and no advance or loan made on the security ot the prohibited. notes of a bank shall be recoverable from the bank or its assets. 53 V., c. 31, s. 52. 64. The moneys heretofore paid to and now deposited £ ank circula- with the Minister by the banks to which this Act applies, con- tion fund stitnting the fund, known as the Bank Circulation Redemption continued. Fund, shall continue to be held by the Minister for the purposes and subject to the provisions in this section mentioned and con- tained. 2. The Minister shall, upon the issue of a certificate under S5,oqo to be this Act authorizing a bank to issue notes and commence the UP o n n i ssne business of banking, retain, out of any moneys of such bank of certificate. then in his possession, the sum of five thousand dollars, which sum shall be held for the purposes of this section, until the annual adjustment hereinafter provided for takes place in the year then next following. 3. The amount at the credit of such bank shall, at such next Adjustment, annual adjustment, be adjusted by payment to or by the bank of such sum as is necessary *to make the amount of money at the credit of the bank equal to five per centum of the average Five per amount of its notes in circulation from the time it commenced JJ.jJjJ™ °j f r . . business to the time of such adjustment and such sum shall culation. thereafter be adjusted annually as hereinafter provided. 4. The amounts heretofore and from time to time hereafter Circulation paid, to be retained and held by the Minister as by this section un ' provided, shall continue to form and shall form the Circulation Fund. 5. The Circulation Fund shall continue to be held as here- Its purposes, tofore for the sole purpose of payment, in the event of the suspension by a bank of payment in specie or Dominion notes of any of its liabilities as they accrue, of the notes then issued or re-issued by such bank, intended for circulation, and then in circulation, and interest thereon. 6. The Circulation Fund shall bear interest at the rate of Fund to bear three per centum per annum. 7. The Circulation Fund shall be adjusted, as soon as pos- Adjustment sible after the thirtieth day of June in each year, in such a «"»»«y- way as to make the amount at the credit of each bank contri- buting thereto, unless herein otherwise specially provided. equal to five per centum of the average note circulation of such bank during the then last preceding twelve months. 8. The average note circulation of a bank during any period Average note shall be determined from the average of the amount of its note- how detei> in circulation, as shown by the monthly returns for such period mined, made by the bank to the Minister; and where, in any return. the greatest amount of notes in circulation at any time during the month is given, such amount shall, for the purposes of this section, be taken to be the amount of the notes of the bank in circulation during the month to which such return relates. 347 9. R.S., 1906. 22 Chap. 29. Banks. Risrhta of Minister. Proviso. Notes of bank sus- pending pay- ment to bear interest. Notice of time for payment. As to notes not then presented. Notes not re- deemed to be paid out of Circula- tion Fund. Interest to cease. Government not liable. Payments from Fund. Tf Fund exceeded. R.S., 1906. 9. The Minister shall with respect to all notes paid out of the Circulation Fund have the same rights as any other holder of the notes of the bank : Provided that all such notes, and all interest thereon, so paid by the Minister, after the amount at the credit of such bank in the Circulation Fund, and all interest duo or accruing due thereon, has been exhausted, shall bear interest, at the rate of three per centum per annum, from the time such notes and interest are paid until such notes and interest are repaid to the Minister by or out of the assets of such bank. 53 V., c. 31, s. 54; 63-64 V., c. 26, s. 13. 65. In the event of the suspension by a bank of payment in specie or Dominion notes of any of its liabilities as they accrue, the notes of the bank, issued or re-issued, intended for circulation, and then in circulation, shall bear interest at the rate of five per centum per annum, from the day of the sus- pension to such day as is named by the directors, or by the liquidator, receiver, assignee or other proper official, for the payment thereof. 2. Xotice of such day shall be given by advertising for at least three days in a newspaper published in the place in which the head office of the bank is situate. 3. If any notes presented for payment on or after any day named for payment thereof are not paid, all notes then unpaid and in circulation shall continue to bear interest until such further day as is named for payment thereof, of which day notice shall be given in manner hereinbefore provided. 4. If the directors of the bank or the liquidator, receiver, assignee or other proper official fails to make arrangements, within two months from the day of the suspension of payment by the bank, for the payment of all of its notes and interest thereon, the Minister may make arrangements for the payment, out of the Circulation Fund, of the notes remaining unpaid and all interest thereon, and the Minister shall give such notice of the payment as he thinks expedient. 5. Notwithstanding anything herein contained all interest upon such notes shall cease upon and from the date named by the Minister for such payment. 6. Nothing herein contained shall be construed to impose any liability upon the Government of Canada, or upon the Minister, beyond the amount available from time to time out ot the Circulation Fund. 53 V., c. 31, s. 54; 63-64 V., c. 26, s. 11. 66. All payments made from the Circulation Fund shall be without regard to the amount contributed thereto by the bank in respect of whose notes the payments are made. 2. If the payments from the Circulation Fund exceed the amount contributed to the Circulation Fund by the bank so sus- pending payment, and all interest due or accruing due to such bank thereon, the other banks to which this Act applies shall, on 348 demand. Banks. Chap. 29. 23 demand, make good to the Circulation Fund the amount of the excess, proportionately to the amount which each such other bank had or should, have contributed to the Circulation Fund, at the time of the suspension of the bank in respect of whose notes the payments are made : Provided that, — Proviso. (a) each of such other banks shall only be called upon to make good to the Circulation Fund its share of the excess in payments not exceeding, in any one year, one per centum of the average amount of its notes in circulation ; (b) such circulation shall be ascertained in such manner as the Minister decides ; and, (c) the Minister's decision shall be final. 3. All amounts recovered and received by the Minister from Amounts the bank on account of which such pavments were made shall. [ ecov ered, p , c i ii e Il0w distri- atter the amount ol such excess has been made good as afore- buted. said, be distributed among the banks contributing to make good such excess, proportionately to the amount contributed by each. 53 V., c. 31, s. 54; 63-64 V., c. 26, s. 12. 67. In the event of the winding-up of the business of a bank Refund of by reason of insolvency or otherwise, the Treasury Board may, banl/is on the application of the directors, or of the liquidator, receiver, wound-up. assignee or other proper official, and on being satisfied that proper arrangements have been made for the payment of the notes of the bank and any interest thereon, pay over to the directors, liquidator, receiver, assignee or other proper official, the amount of the Circulation Fund at the credit of the bank, or such portion thereof as it thinks expedient. 53 V., c. 31, s. 54. 68. The Treasury Board may make all such rules and regu- Treasury lations as it thinks expedient with reference to, — Board rules. (a) the payment of any moneys out of the Circulation Fund, and the manner, place and time of such payments ; (b) the collection of all amounts due to the Circulation Fund ; (c) all accounts to be kept in connection therewith; and, ((]) generally the management of the Circulation Fund and all matters relating thereto. 53 V., c. 31, s. 54. force 69. The Minister may, in his official nange, by action in the Minister Exchequer Court of Canada, enforce payment, with costs of may en * 01 ration, of any sum ^\\m- and payable by any bank which should form part of the Circulation Fund. 53 \\. c. 31, 8. 54. 70. The bank shall make such arrangements as are accessary Arrange- to ensure the circulation at par, in any and every pari ot ' ments to be Canada, of all notes issued or re-issued by it and intended for circulation circulation; and towards this purpose the bank shall establish a * P"" 1 agencies for the redemption and payment of its notes at the cities of Toronto, Montreal, Halifax, St. John, Winnipeg, Vic- 349 toria K.S., 1906. 24 Chap. 29. Banks. toria and Charlottetown, and at such other places as are, from time to time, designated by the Treasury Board. 53 V., c. 31, >. 55. Bank must take its own notes. At head office. Payment in Doininion notes. No torn or defaced notes. Bonds, obligations, etc. Assignable by endorse- ment. Bills or notes binding. Though not sealed. Directors may depute officer to sign. 71. The bank shall always receive in payment its own notes at par at any of its offices, and whether they are made payable there or not. 2. The chief place of business of the bank shall always be one of the places at which its notes are made payable. 53 V., c. 31, s. 56. 72. The bank, when making any payment, shall, on the re- quest of the person to whom the payment is to be made, pay the same, or such part thereof, not exceeding one hundred dollars, as such person requests, in Dominion notes for one, two, or four dollars each, at the option of such person. 2. Xo payment, whether in Dominion notes or bank notes, shall be made in bills that are torn or partially defaced by ex- cessive handling. 53 V., c. 31, s. 57. 73. The bonds, obligations and bills, obligatory or of credit, of the bank under its corporate seal, signed by the president or vice-president, and countersigned by a cashier or assistant cashier, which are made payable to any person, shall be assign- able by endorsement thereon. 2. The bills or notes of the bank signed by the president, vice-president, cashier or other officer appointed by the directors of the bank to sign the same, promising the payment of money to any person, or to his order, or to the bearer, though not under the corporate seal of the bank, shall be binding and obligatory on the bank, in like manner and with the like force and effect as they would be upon any private person, if issued by him in his private or natural capacity, and shall be assignable in like man- ner as if they were so issued by a private person in his natural capacity. '■). The directors of the bank may, from time to time, author- ize or depute any cashier, assistant cashier or officer of the bank, or any director other than the president or vice-president, or any cashier, manager or local director of any branch or office of discount and deposit of the bank, to sign the notes of the bank intended for circulation. 53 V., c. 31, s. 58. Bills may be signed by machinery. 74. All bank notes and bills whereon the name of any person entrusted or authorized to sign such notes or bills on behalf of the bank is impressed by machinery provided for that purpose, by or with the authority of the bank, shall be good and valid to all intents and purposes, as if such notes and hills had been subscribed in the proper handwriting of the person entrusted or authorized by the bank to sign the same respectively, and shall be bank notes and bills within the mean- ing of all laws and statutes whatever, and may be described as 350 bank R.S., 1906. Banks. Chap. 29. 25 bank notes or bills in all indictments and civil or criminal pro- ceedings whatever : Provided that at least one signature to each One signa- note or bill must be in the actual handwriting of a person ^^ d to authorized to sign such note or bill. 53 V., c. 31, s. 59. ten. WTlt- 75. Every officer charged with the receipt or disbursement Counterfeit of 'public moneys, and every officer of any bank, and every ten/notes person acting as or employed by any banker, shall stamp or to be write in plain letters, upon every counterfeit or fraudulent s - 111 ' note issued in the form of a Dominion or bank note, and in- tended to circulate as money, which is presented to him at his place of business, the word Counterfeit, Altered or ~\Yorthless. 2. If such officer or person wrongfully stamps any genuine If wrong- note he shall, upon presentation, redeem it at the face value jumped thereof. 53 V., c. 31, s. C2. THE BUSINESS AND POWERS OF A BANK. 76. The bank may, — (a) open branches, agencies and offices ; (b) engage in and carry on business as a dealer in gold and Generally, silver coin and bullion; (c) deal in, discount and lend money and make advances upon the security of, and take as collateral security for any loan made by it, bills of exchange, promissory notes and other negotiable securities, or the stock, bonds, deben- tures and obligations of municipal and other corporations, whether secured by mortgage or otherwise, or Dominion, provincial, British, foreign and other public securities: and, (d) engage in and carry on such business generally as ap- pertains to the business of banking. 2. Except as authorized by this Act, the bank shall not, either Exceptions, directly or indirectly, — (a) deal in the buying or selling, or bartering of goods, wares and merchandise, or engage or be engaged in any trade or business whatsoever; (b) purchase, or deal in, or lend money, or make advances upon the security or pledge of any share of its own capital stock, or of the capital stock of any bank; or, (c) lend money or make advances upon the security, mort- gage or hypothecation of any lands, tenements or immov- able property, or of any ships or other vessels, or upon the security of any goods, wares and merchandise. 53 V., c. 31, s. 64. " 77. The bank shall have a privileged lien, for any debt Bank to or liability for any debt to the bank, on the shares of its own J™£* ^ capital stock, and on any unpaid dividends of the debtor or per- 351 son R.S., 1906. 26 Chap. 29. Banks. stock of its debtors. Sale of shares. Notice. Transfer. Effect of transfer. son liable, and may decline to allow any transfer of the shares of such debtor or person until the debt is paid. 2. The bank shall, within twelve months after the debt has accrued and become payable, sell such shares: Provided that notice shall be given to the holder of the shares of the intention of the bank to sell the same, by mailing the notice, in the post office, post paid, to the last known address of the holder, at least thirty days prior to the sale. 3. Upon the sale being made the president, vice-president, manager or cashier shall execute a transfer of the shares to the purchaser thereof in the usual transfer book of the bank. 4. Such transfer shall vest in the purchaser all the rights in or to the said shares which were possessed by the holder thereof, with the same obligation of warranty on his part as if he were the vendor thereof, but without any warranty from the bank or by the officer of the bank executing the transfer. 53 V., c. 31, s. 65. Collateral securities may be sold. Right of sale may be waived. 78. The stock, bonds, debentures or securities, acquired and held by the bank as collateral security, may, in case of default in the payment of the debt, for the securing of which they were so acquired and held, be dealt with, sold and conveyed, either in like manner and subject to the same restrictions as are here- in provided in respect of stock of the bank on which it has acquired a lien under this Act, or in like manner as and subject to the restrictions under which a private individual might in like circumstances deal with, sell and convey the same: Pro- vided that the bank shall not be obliged to sell within twelve months. 2. The right so to deal with and dispose of such stock, bonds, debentures or securities in manner aforesaid may be waived or varied by any agreement between the bank and the owner of the stock, bonds, debentures or securities, made at the time at, which such debt was incurred, or, if the time of payment of the debt has been extended, then by an agreement made at the time of the extension. 53 V., c. 31, s. 66. Acquisition of real estate. 79. The bank may acquire and hold real and immovable pro- perty for its actual use and occupation and the management of its business, and may sell or dispose of the same, and acquire other property in its stead for the same purpose. 53 V., c. 31, s. 67. Mortgages and hypo- thiques of realty. As to per- sonalty. 80. The bank may take, hold and dispose of mortgages and hypotheques upon real or personal, immovable or movable pro- perty, by way of additional security for debts contracted to the bank in the course of its business. 2. The rights, powers and privileges which the bank is by this Act declared to have, or to have had, in respect of real or immovable propertv mortgaged to it, shall be held and possessed 352 by P.S., 1906. Banks. Chap. 29. 27 by it in respect of any personal or movable property which is mortgaged or hypothecated to the bank. 53 V., c. 31, s. 68. 81. The bank may purchase any lands or real or immovable Purchases property offered for sale,— of realty - (a) under execution, or in insolvency, or under the order or decree of a court, as belonging to any debtor to the bank; or > (b) by a mortgagee or other encumbrancer, having priority over a mortgage or other encumbrance held by the bank ; or, (c) by the bank under a power of sale given to it for that purpose ; in cases in which, under similar circumstances, an individual could so purchase, without any restriction as to the value of the property which it may so purchase, and may acquire a title) thereto as any individual, purchasing at sheriff's sale, or under a power of sale, in like circumstances could do, and may take, have, hold and dispose of the same at pleasure. 53 V., c. 31, s. 69. 82. The bank may acquire and hold an absolute title in or Bank may to real or immovable property mortgaged to it as security for a "^"[it debt due or owing to it, either by the obtaining of a release of mortgaged the equity of redemption in the mortgaged property, or by pro- prem,Sl curing a foreclosure, or by other means whereby, as between individuals, an equity of redemption can, by law, be barred, and may purchase and acquire any prior mortgage or charge on such property. 2. Nothing in any charter, Act or law shall be construed as y u . t or ever having been intended to prevent or as preventing the bank law to pre- from acquiring and holding an absolute title to and in any such v mortgaged real or immovable property, whatever the value thereof, or from exercising or acting upon any power of sale contained in any mortgage given to or held by the bank, author- izing or enabling it to sell or convey away any property so mort- gaged. 53 V., c. 31, s. 71 ; 63-64 V., c. 26, s. 14. 83. Xo bank shall hold any real or immovable property, property to howsoever acquired, except such as is required for its own use, be . s° ld for any period exceeding seven years from the date of the acqui- tr-.in time. sition thereof, or any extension of such period as in this section provided, and such property shall be absolutely sold or disposed of, within such period or extended period, as the case may be, so that the bank shall no longer retain any interest therein unless by way of security. 2. The Treasury 15<»;inl may direct that the time for the sale Extension of or disposal of any such real or immovable property shall be tmie - extended for a further period or periods, not to exceed five years. 23 353 3. R.S., 1906. L's Chap. 29. Banks. Proviso. years™ ^' ^ ie wn °l e period during which the hank may so hold such properly under the foregoing provisions of this section shall not exceed twelve years from the date of the acquisition thereof. soM^hble" 01 **"' ^ n - v 1V: ^ or i mmova We property, not required by the hank to forfeiture, for its own use, held by the bank for a longer period than au- thorized by the foregoing provisions of this section shall be liable to be forfeited to His Majesty for the use of the Domin- ion of Canada : Provided that, — (a) no such forfeiture shall take effect until the expiration of at least six calendar months after notice in writing to the bank bv the Mini: ! >'i- of the intention of His Majesty to claim the forfeiture; and, (b) the bank may, notwithstanding such notice, before the forfeiture is effected sell or dispose ox the property free from liability to forfeiture. 5. The provisions of this section shall apply to any real or immovable property heretofore acquired by the bank and held by it at the time of the coming into force of this Act. 63-61 V., c. 26, s. 14. Pro\ is apply to realtv now held. Loans on standing timber. 84. The bank may lend money upon the security of standing timber, and the rights or licenses held by persons to cut or re- move such timber. 63-64 V., c. 26, s. 16. As to advances for building ships. Rights and obligations. 85. Every bank advancing money in aid of the building of any ship or vessel shall have the same right of acquiring and holding security upon such ship or vessel, while building and when completed, either by way of mortgage, hypotheque, hypo- thecation, privilege or lien thereon, or purchase or transfer thereof, as individuals have in the province wherein the ship or vessel is being built. 2. The bank may, for the purpose of obtaining and enforcing such security, avail itself of all such rights and means, and shall be subject to all such obligations, limitations and conditions, as are, by the law of such province, conferred or imposed upon in- dividuals making such advances. 53 V., c. 31, s. 72. Warehouse receipts and bills of lading. Effect of taking. E.S., 1906. 86. The bank may acquire and hold any warehouse receipt or bill of lading as collateral security for the payment of any debt incurred in its favour, or as security for any liability in- curred by ii for any person, in the course of its banking busi- ness. 2. Any warehouse receipt or bill of lading so acquired shall vest in the bank, from the date of the acquisition thereof, — (a) all the right and title to such warehouse receipt or bill of lading and to the goods covered thereby of the previous holder or owner thereof; or, (b) all the right ana title to the goods, wares and merchan- dise mentioned therein of the person from whom the same were received or acquired by the bank, if the warehouse receipt or bill of lading is made directly in favour of the 354 bank, Banks. Chap. 29. 29 bank, instead of to the previous holder or owner of such goods, wares and merchandise. 53 V., c. 31, s. 73 ; 63-64 V., c. 26, s. 15. 87. If the previous holder of such warehouse receipt or bill When * -, i- • previous of lading is any person,— holder is au (a) entrusted with the possession of the goods, wares and agent, merchandise mentioned therein, by or by the authority of the owner thereof; or, (b) to whom such goods, wares and merchandise are, by or by the authority of the owner thereof, consigned ; or, ( c) who, by or by the authority of the owner of such goods, wares and merchandise, is possessed of any bill of lading, receipt, order or other document covering the same, such as is used in the course of business as proof of the possession or control of goods, wares and merchandise, or as authoriz- ing or purporting to authorize, either by endorsement or by delivery, the possessor of such a document to transfer or receive the goods, wares and merchandise thereby repre- sented ; the bank shall be, upon the acquisition of such warehouse receipt or bill of lading, vested with all the right and title of the owner of such goods, wares and merchandise, subject to the right of the owner to have the same retransferred to him if the debt or liability, as security for which such warehouse receipt or bill of lading is held by the bank, is paid. 2. Any person shall be deemed to be the possessor of such Presumption goods, wares and merchandise, bill of lading, receipt, order or of P° ssession - other document as aforesaid, — (a) who is in actual possession thereof; or, (b) for whom, or subject to whose control, the same are held by any person. 53 V., c. 31, s. 73 ; 63-64 V., c. 26, s. 15. 88. The bank may lend money to any wholesale purchaser Loans to or shipper of or dealer in products of agriculture, the forest. ^ o]esa,e quarry and mine, or the sea, lakes and rivers, or to any whole dealers, sale purchaser or shipper of or dealer in live stock or dead stock and the products thereof, upon the security of such pro Upon ducts, or of such live stock or dead stock and the products there- secuntv - of. 2. The bank may allow the goods, wares and merchandise Removal of covered by such security to be removed and other goods, wares soods - and merchandise, such as mentioned in the last preceding sub- section, to be substituted therefor, if the goods, wares and mer- chandise so substituted are of substantially the same character, Substitution, and of substantially the same value as, or of less value than. those for which they have been so substituted; ami the goods, wares and merchandise so substituted shall be covered by such security as if originally covered thereby. 3. The bank may lend rnonev to any person engaged in Loans to business as a wholesale manufacturer of any goods, wans ami ^anufac- 23| -">•"•"> merchandise, turers. R.S., 1906. 30 Chap. 29. Banks. Owner may give the security. Form of security. Same rights as upon warehouse receipts. merchandise, upon the security of the goods, wares and mer- chandise manufactured by him, or procured for such manu- facture. 4. Any such security, as mentioned in the foregoing provi- sions of this section, may be given by the owner of said goods, wares and merchandise, stock or products. 5. The security may be taken in the form set forth in schedule C to this Act, or to the like effect. C. The bank shall, by virtue of such security, acquire the same rights and powers in respect to the goods, wares and merchandise, stock or products covered thereby, as if it had acquired the same by virtue of a warehouse receipt. 53 V., c. 31, s. 74; 63-64 V., c. 26, s. 17. As to '_ manufac- tured from articles pledged. Prior claim of bank over unpaid vendor. Proviso. Sale of goods on non-pay- ment of debt. Proviso . Notice. 89. If goods, wares and merchandise are manufactured or produced from the goods, wares and merchandise, or any of them, included in or covered by any warehouse receipt, or included in or covered by any security given under the last preceding section, while so covered, the bank holding such warehouse receipt or security shall hold or continue to hold such goods, wares and merchandise, during the process and after the completion of such manufacture or production, with the same right and title, and for the same purposes and upon the same conditions, as it held or could have held the original goods, wares and merchandise. 2. All advances made on the security of any bill of lading or warehouse receipt, or of any security given under the last preceding section, shall give to the bank making the advances a claim for the repayment of the advances on the goods, wares and merchandise therein mentioned, or into which they have been converted, prior to and by preference over the claim of any unpaid vendor: Provided that such preference shall not be given over the claim of any unpaid vendor who had a lien upon the goods, wares and merchandise at the time of the acquisition by the bank of such warehouse receipt, 1 > i 11 of lading, or security, unless the same was acquired without knowledge on the part of the bank of such lien. .".. In the event of the non-payment at maturity of any debt or liability secured by a warehouse receipt or hill of lading, or secured by any security given under the last preceding section, the bank may sell the good-, wares and merchandise mentioned therein, or so much thereof as will suffice to pay such debt or liability with interest and expenses, returning the surplus, if any, to the person from whom the warehouse receipt, bill of hiding, or security, or the goods, wares and merchandise men- tioned therein, as the case may be, were acquired: Provided that such power of sale shall be exercised subject to the following provisions, namely: — (a) iNo sale, without the consent in writing of the owner of any timber, boards, deals, staves, saw-logs or other lumber, 356 shall R.S., 1906. Banks. Chap. 29, 31 shall be made under this Act until notice of the time and place of such sale has been given by a registered letter, mailed in the post office, post paid, to the last known address of the pledger thereof, at least thirty days prior to the sale thereof; (b) !N"o goods, wares and merchandise, other than timber, Idem. boards, deals, staves, saw-logs or other lumber, shall be sold by the bank under this Act without the consent of the owner, until notice of the time and place of sale has been given by a registered letter, mailed in the post office, post paid, to the last known address of the pledger thereof, at least ten days prior to the sale thereof; (c) Every sale, under such power of sale, without the con- Sale by sent of the owner, shall be made by public auction, after auc tion. notice thereof by advertisement, in at least two newspapers published in or nearest to the place where the sale is to be made, stating ..the time and place thereof; and, if the sale is in the province of Quebec, then at least one of such news- papers shall be a newspaper published in the English lan- guage, and one other such newspaper shall be a newspaper published in the French language. 53 V., c. 31, ss. 76, 77 and 78 ; 63-64 V., c. 26, s. 19. 90. The bank shall not acquire or hold any warehouse re- Conditions ceipt or bill of lading, or any such security as aforesaid, to under which secure the payment of any bill, note, debt, or liability, unless take such bill, note, debt or liability is negotiated or contracted, — security. (a) at the time of the acquisition thereof by the bank ; or, (b) upon the written promise or agreement that such ware- house receipt or bill of lading or security would be given to the bank : Provided that such bill, note, debt, or liability may be renewed, Proviso, or the time for the payment thereof extended, without affecting any such security. 2. The bank may, — (a) on shipment of any goods, wares and merchandise for Exchanging which it holds a warehouse receipt, or any such security of warehouse • receipt tor as aforesaid, surrender, such receipt or security and receive bill of lading a bill of lading in exchange therefor; or, an< * wce o o / J VCt'SQ. (b) on the receipt of any goods, wares and merchandise for which it holds a bill of lading, or any such security as aforesaid, surrender such bill of lading or security, store the goods, wares and merchandise, and take a warehouse receipt therefor, or ship the goods, wares and merchandise, or part of them, and take another bill of lading therefor. 53 V., c. 31, s. 75; 63-64 V., c. 26, s. 18. 91. The bank may stipulate for, take, reserve or exact any interest at rate of interest or discount, not exceeding seven per centum per ni a*: r b Centum annum, and may receive and take in advance, any such rate, charged. 357 but R.S., 1906. 32 Chap. 29. Banks. Any rate may be allowed. Percentage chargeable for collec- tion. Agency charges. but no higher rate of interest shall bo recoverable by the bank. 53 V., e. 31, b. 80. 92. The bank may allow any rate of interesl whatever upon money deposited with it. 53 V., c. 31, s. SO. 93. When any note, bill, or other negotiable security or paper, payable at any of the bank's places or seats of business, branches, agencies or offices of discount and deposit in Canada. is discounted at any other of the bank's places or seats of busi- ness, branches, agencies or offices of discount and deposit, the bank may, in order to defray the expenses attending the collec- tion thereof, receive or retain, in addition to the discount there- on, a percentage calculated upon the amount of such note, bill, or other- negotiable security or paper, not exceeding, if the note, bill, or other negotiable security or paper is to run, — (a) for less than thirty days, one-eighth of one per centum ; (b) for thirty days or over but less than sixty days, one- fourth of one per centum ; (c) for sixty days or over but less than ninety days, three- eighths of one per centum ; and, (d) for ninety days or over, one-half of one per centum. 53 V., c. 31, s. 82. 94. The bank may, in discounting any note, bill or other negotiable security or paper, bona 'fide payable at any place in Canada, other than that at which it is discounted, and other than one of its own places or seats of business, branches, agen- cies or offices of discount and deposit in Canada, receive and retain, in addition to the discount thereon, a sum not exceeding one-half of one per centum on the amount thereof, to defray the expenses of agency and charges in collecting the same. 53 V., c. 31, s. 83. Deposits may 95. The bank may, subject to the provisions of this section, from eC persons without the authority, aid, assistance or intervention of any unable to other person or official being required, — (a) receive deposits from any person whomsoever, whatever his age, status or condition in life, and whether such per- son is qualified by law to enter into ordinary contracts or not ; and, (b) from time to time repay any or all of the principal thereof, and pay the whole or any part of the interest there- on to such person, unless before such repayment the money so deposited in the bank is lawfully claimed as the pro- perty of some other person. 2. In the case of any such lawful claim the money so de- posited may be paid to the depositor with the consent of the claimant, or to the claimant with the consent of the depositor. 3. If the person making any such deposit could not, under the law of the province where the deposit is made, deposit and 358 withdraw contract. Pay n bv consent Deposit limited. K.S., 1906. Banks. Chap. 29. 33 withdraw money in and from a bank without this section, the total amount to be received from such person on deposit shall not, at any time, exceed the sum of five hundred dollars. 53 V., $500. c. 31, s. 84. 96. The bank shall not be bound to see to the execution Bank not of any trust, whether expressed, implied or constructive, to + ou t n ^ *° j^ 6 which any deposit made under the authority of this Act is deposits. subject. 2. Except only in the case of a lawful claim, by some other person before repayment, the receipt of the person in whose Receipt of name any such deposit stands, or, if it stands in the names of ^n^g^ two persons, the receipt of one, or, if it stands in the names of positors more than two persons, the receipt of a majority of such per- sufficient - sons, shall, notwithstanding any trust to which such deposit Q r of a is then subject, and whether or not the bank sought to be charged majority, with such trust, and with which the deposit has been made, had notice thereof, be a sufficient discharge to all concerned for the payment of any money payable in respect of such deposit. 3. The bank shall not be bound to see to the application of Application, the money paid upon such receipt. 53 V., c. 31, s. 84. 97. If a person dies, having a deposit with the bank not If depositor exceeding the sum of five hundred dollars, the production to n^'exceed 1 - the bank and deposit with it of, — ing $500, how (a) any- authenticated copy of the probate of the will of the P roved - deceased depositor, or of letters of administration of his estate, or of letters of verification of heirship, or of the act of curatorship or tutorship, granted by any court in Canada having power to grant the same, or by any court or authority in England, Wales, Ireland, or any British colony, or of any testament, testamentary or testament dative expede in Scotland ; or, (b) an authentic notarial copy of the will of the deceased depositor, if such will is in notarial form, according to the law of the province of Quebec ; or, (c) if the deceased depositor died out of His Majesty's dominions, any authenticated copy of the probate of his will, or letters of administration of his property, or other document of like import, granted by any court or authority having the requisite power in such matters; shall be sufficient justification and authority to the directors for paying such deposit, in pursuance of and in conformity to such probate, letters of administration, or other document as aforesaid. 63-64 V., c. 26, s. 20. DOMINION" GOVERNMENT CTIEQUKS. 98. The bank shall not charge any discount or commission t be paid for the cashing of any official cheque of the Govermrienl of t par. Canada or of any department thereof, whether drawn on the 359 bank U.S., 1906. 34 Chap. 29. Banks. bank cashing the cheque or on any other bank. 53 V., c. 31, s. 103. Bank may sell a>- another bank. Consider- ation. If in shares of capital stock. Xot con- sidered issued until sold or dis- tributed. THE PURCHASE OF THE ASSETS OF A BANK. 99. -tiny bank may sell the whole or any portion of its assets to any other bank which may purchase such assets; and the selling and purchasing banks may, for such purposes, enter into an agreement of sale and purchase, which agreement shall contain all the terms and conditions connected with the sale and purchase of such assets. 63-64 V., c. 26, s. 33. 100. The consideration for any such sale and purchase may be as agreed upon between the selling and purchasing banks. 2. If the consideration, or any portion thereof, is shares of the capital stock of the purchasing bank, the agreement shall provide for the amount of the shares of the purchasing bank to be paid to the selling bank. 3. Until such shares so paid to the selling bank have been sold by such bank, or have been distributed among and accepted by the shareholders of such bank, they shall not be considered issued shares of the purchasing bank for the purposes of its note circulation. 63-64 V., c. 26, s. 34. Agreement 101. The agreement of sale and purchase shall be sub- subraated 'to m itted to the shareholders of the selling bank, either at the soiiiriji share- annual general meeting of such bank or at a special general meetine* 1 * meeting thereof called for the purpose. Copy to each ^. A C0 P7 of the agreement shall be mailed, postpaid, to shareholder each shareholder of such bank to his last known address, at least four weeks previously to the date of the meeting at which the agreement is to be submitted, together with a notice of the time and place of the holding of such meeting. 63-64 V., c. 26, s. 35. Agreement 102. If at such meeting the agreement is approved by cuted^they resolution carried by the votes of shareholders, present in person approve. or represented by proxy, representing not less than two-thirds of the amount of the subscribed capital stock of the bank, the agreement may be executed under the seals of the banks, parties thereto, and application may be made to the Governor in Coun- cil, through the Minister, for approval thereof. 2. Until the agreement is approved by the Governor in Council it shall not be of any force or effect. 63-64 V., c. 26, s. 36. Approval of Governor in Council. Approval of 103. If the agreement provides for the payment of the of purchasing consideration for such sale and purchase, in whole or in part, bank. in shares of the capital stock of the purchasing bank, and for such purpose it is necessary to increase the capital stock of such 360 bank K.S., 1906. Banks. Chap. 29. 35 bank, the agreement shall not be executed on behalf of the purchasing bank, unless nor until it is approved by the share- holders thereof at the annual general meeting, or at a special general meeting of such shareholders. 63-64 V., c. 26, s. 37. 104. The Governor in Council may, on the application for Necessary in- his approval of the agreement, approve of the increase of the stock mav be capital stock of the purchasing bank, which is necessary to pro- approved, vide for the payment of the shares of such bank to the selling- bank, as provided in the said agreement. 63-64 V., c. 26, s. 38. 105. The provisions of this Act with regard to, — Ordinary • <• i • i i i i i i provisions (a) the increase of the capital stock of the bank by by-Jaw f or increase of the shareholders approved by the Treasury Board ; and, nofc to a PP^- ( b) the allotment and sale of such increased stock ; shall not apply to any increase of stock made or provided for under the authority of the last two preceding sections. 63-64 V., c. 26, s. 38. 106. The approval of the Governor in Council shall not be Conditions given to the agreement, unless,— Govlrno? in (a) the approval thereof is recommended by the Treasury Council may "RnnvH • approve lioaia, ^ agreement. (b) the application for approval thereof is made, by or on behalf of the bank executing it, within three months from the date of execution of the agreement; and, (c) it appears to the satisfaction of the Governor in Council that all the requirements of this Act in connection with the approval of the agreement by the shareholders of the selling and purchasing banks have been complied with, and that notice of the intention of the banks to apply to the Governor in Council for the approval of the agree- ment has been published for at least four weeks in the Canada Gazette, and in one or more newspapers published in places where the chief offices or places of business of the banks are situate. 2. Such banks shall afford all information that the Minister informa- requires. tion - 3. Nothing herein contained shall be construed to prevent Approval the Governor in Council or the Treasury Board from refusing ™f u ' S g,i_ to approve of the agreement or to recommend its approval. 63-6 ! V., c. 26, s. 39. 107. The agreement shall not be approved of unless it Further ,, ° conditions, appears that, — (a) proper provisions have been made for the payment of the liabilities of the selling bank; (b) the agreement provides for the assumption and payment by the purchasing bank of the notes of the selling bank issued and intended for circulation, outstanding and in circulation: and, 361 (c) R.S., 1906. 36 Chap. 29. Banks. Deposit. (c) the amounts of the notes of both the purchasing and selling banks, issued for circulation, outstanding and in circulation, as shown by the then lasl monthly returns of the banks, do not together exceed the then paid-up capital of the purchasing bank;. or, if the amount of such notes docs exceed such paid-up capital, an amount in cash, equal to the excess of such notes over such paid-up capital, has been deposited by the purchasing bank with the Minister. 2. The amount so deposited as aforesaid shall be held by the Minister as security for the redemption of the said excess of now-: and, when such excess, or any portion thereof, has been redeemed and cancelled, the amount so deposited, or an amount equal to the amount of excess so redeemed and cancelled, shall, from time to time, be repaid by the Minister to the purchasing bank, but without interest, on the application of such bank, and on the production of such evidence as the Minister may require to show that the notes in regard to which such repayment is asked have been redeemed and cancelled. 63-64 V., c. 27, s. 1. Notes of selling bank to become notes of purchasing bank. Circulation Fund. Notes to b called in. 108. The notes of the selling bank so assumed and to be paid by the purchasing bank shall, on the approval of the agree- ment, be deemed to be, for all intents and purposes, notes of the purchasing bank issued for circulation; and the purchasing bank shall be liable in the same manner and to the same extent as if it had issued them for circulation. 2. The amount at the credit of the selling bank in the Circu- lation Fund shall, on the approval of the agreement, be trans- ferred to the credit of the purchasing bank. 3. The notes of the selling- bank shall not be re-issued, but shall be called in, redeemed and cancelled as quickly as possible. 63-64 V., c. 26, s. 41. Evidence of approval by ; nor in ncil. Order in council con- clusive. 109. The approval by the Governor in Council of the agree- ment shall be evidenced by a certified copy of the order in council approving thereof. 2. Such certified copy shall be conclusive evidence of the approval of the agreement therein referred to, and of the regu- larity of all proceedings in connection therewith. 63-64 V., c. 26, s. 42. On approval of Governor in Council the assets pass. Further assurance. .K.S., 1906. 110. On the agreement being approved of by the Governor in Council, the assets therein referred to as sold and purchased shall, in accordance with and subject to the terms thereof, and without any further conveyance, become vested in the pur- chasing bank. 2. The selling bank shall, from time to time, subject to the terms of the agreement, execute such formal and separate con- veyances, assignments and assurances, for registration purposes or otherwise, as are reasonably required to confirm or evidence the vesting in the purchasing bank of the full title or ownership 362 of Banks. Chap. 29, 37 of the assets referred to in the agreement. 63-64 V., e. 26, s. 43. 111. As soon as the agreement is approved of by the Selling bank Governor in Council, the selling bank shall cease to issue or n ° ^nd be* re-issue notes for circulation, and shall cease to transact any wound up. business, except such as is necessary to enable it to carry out the agreement, to realize upon any assets not included in the agreement, to pay and discharge its liabilities, and generally to wind up its business ; and the charter or Act of incorporation of such bank, and any Acts in amendment thereof then in force, shall continue in force only for the purposes in this section specified. 63-64 V., c. 26, s. 44. I'ETURNS. 112. Monthly returns shall be made by the bank to the Monthly. Minister in the form set forth in schedule D to this Act. 2. Such returns shall be made up and sent in within the first Within first fifteen days of each month, and shall exhibit the condition of ° ays ' the bank on the last juridical day of the month last preceding. 3. Such returns shall be signed by the chief accountant and H « w signed. by the president, or vice-president, or the director then acting as president, and by the manager, cashier or other principal officer of the bank at its chief place of business. 53 V., c. 31, s. 85. 113. The Minister may also call for special returns from Special any bank, whenever, in his judgment, they are necessary to returns - afford a full and complete knowledge of its condition. 2. Such special returns shall be made and signed in the How made, manner and by the persons specified in the last preceding section. 3. Such special returns shall be made and sent in within Within 30 thirty days from the date of the demand therefor by the Min- demand?™ ister: Provided that the Minister may extend the time for sending in such special returns for such further period, not exceeding thirty days, as he thinks expedient. 53 V., c. 31, s. 86. 114. The bank shall, within twenty days after the close Annual. of each calendar year, transmit or deliver to the Minister a return, — (a) of all dividends which have remained unpaid for more than five years ; and, (b) of all amounts or balances in respect of which no trans- actions have taken place, or upon which no interest has been paid, during the five years prior to the date of such return : Provided that, in the case of moneys deposited for a fixed period, the said term of five years shall be reckoned from the date of the termination of such fixed period. 363 2. R.S., 1906. 38 Chap. 29. Banks. What return shall show. Further annual return. Particulars. How annual returns signed. Annual list. To Parlia- ment. 2. The return mentioned in the last preceding subsection shall sot forth, — (a) the name of each shareholder <>r creditor to whom such dividendsj amounts or balances are, according to the hooks of the hunk, payable; (b ) the last known address of each such shareholder or creditor ; (c) the amount due to each such shareholder or creditor; (d) the agency of the bank at which the last transaction took place ; (c) the date of such last transaction; and. (f) if such shareholder or creditor is known to the bank to be dead, the names and addresses of his legal representa- tives, so far as known to the bank. 3. The bank shall likewise, within twenty days after the close of each calendar year, transmit or deliver to the Minister a return of all drafts or bills of exchange, issued by the bank to any person, and remaining unpaid for more than five years prior to the date of such return, setting forth so far as known, — (a) the names of the persons to whom, or at whose request such drafts or bills of exchange were issued; (b) the addresses of such persons; (c) the names of the payees of such drafts or bills of ex- change ; (d) the amounts and dates of such drafts or bills of ex- change ; (e) the names of the places where such drafts or bills of exchange were payable ; and, (f) the agencies of the bank respectively from which such drafts or bills of exchange were issued. 4. The returns required by the foregoing provisions of thi^ section shall be signed by the chief accountant, .and by the president or vice-president or the director then acting as pi'esi- dent, and by the manager, cashier or other principal officer of the bank, at its chief place of business. 5. The bank shall also, within twenty days after the close of each calendar year, transmit or deliver to the Minister a certified list showing, — (a) the names of the shareholders of the bank on the last day of such calendar year, with their additions and resi- dences ; (b) the number of shares then held by them respectively ; and, (c) the value at par of such shares. 6. The Minister shall lay such returns and lists before Par- liament at the next session thereof. 53 V., c. 31, ss. 87 and 88 ; 63-64 V., c. 26, s. 21. 364 PAYMENTS R.S., 1906. Banks. Chap. 29. 39 PAYMENTS TO THE MINISTER UPON WINDING UP. 115. If, in the event of the winding-up of the business of Unclaimed the bank in insolvency, or under any general winding-up Act, moneys - or otherwise, any moneys payable by the liquidator, either to shareholders or depositors, remain unclaimed, — (a) for the period of three years from the date of suspension of payment by the bank; or, (b) for a like period from the commencement of the winding- up of such business ) or, (c) until the final winding-up of such business, if the busi- ness is finally wound up before the expiration of the said three years ; such moneys and all interest thereon shall, notwithstanding any with statute of limitations or other Act relating to prescription, be interest, paid to the Minister, to be held by him subject to all rightful claims on behalf of any person other than the bank. 2. If a claim to any moneys so paid is thereafter established Governor in to the satisfaction of the Treasury Board, the Governor in o r ° d u e n r ci p a "' ay Council shall, on the report of the Treasury Board, direct pay- ment to per- ment thereof to be made to the person entitled thereto, together son entltled - with interest on the principal sum thereof, at the rate of three per centum per annum, for a period not exceeding six years i nte rest. from the date of payment thereof to the Minister as aforesaid : Provided that no such interest shall be paid or payable on such principal sum, unless interest thereon was payable by the bank paying the same to the Minister. 3. Upon payment to the Minister as herein provided, the Bank dis- bank and its assets shall be held to be discharged from further e arRe liability for the amounts so paid. 53 V., c. 31, s. 88. 116. Upon the winding-up of a bank in insolvency or under Circulation any general winding-up Act, or otherwise, the assignees, liqui- at^Stdb'^ dators, directors, or other officials in charge of such winding-up, lion of shall, before the final distribution of the assets, or within three as years from the commencement of the suspension of payment by the bank, whichever shall first happen, pay over to the Minister a sum, out of the assets of the bank, equal to the amounl ther outstanding of the notes intended for circulation issued by the bank. 2. Upon such payment being made, the bank and its assets Bank shall be relieved from all further liability in respect? of such relieved. outstanding notes. •'*.. The sum so paid shall be held by the Minister and applied Minister to for the purpose of redeeming, whenever presented, such out- standing notes, without interest. ."»:; \\. c. 31, s. 88. ill I : CUKATOK. 117. The Association, shall, if ;i bank Buspends paymenl in Association specie or Dominion notes of any of its liabilitic- ;i- they accrue, '" ■"'i"" nt - 365 forthwith R.S., 1U0G. -10 Chap. 29. Banks. forthwith appoinl a curator to supervise the affairs of such bank. Removal. 2. The Association may at any time remove the curator, and may appoint another person to act in his stead. 63-64 "V., c. 26, s. 2 I. Appoint- 118. The appointment of the curator shall be made in the SSter*byJaw manner provided for in the by-law of the Association made in of Associa- that behalf as hereinafter provided. 2. If there is no such by-law the appointment shall be made in writing by the president of the Association, or by the person acting as president. 63-64 V., c. 26, s. 25. If no by law. Pov, I duties of curat rid Idem. Idem. 119. The curator shall assume supervision of the affairs of the bank, and of all necessary arrangements for the payment of the notes of the bank issued for circulation, and, at the time of his appointment, outstanding and in circulation. 2. The curator shall generally have all powers and shall take all steps and do all things necessary or expedient to protect the rights and interests of the creditors and shareholders of the bank, and to conserve and ensure the proper disposition, accord- ing to law, of the assets of the bank ; and, for the purposes of this section, he shall have free and full access to all books, accounts, documents and papers of the bank. 3. The curator shall continue to supervise the affairs of the bank until he is removed from office, or until the bank resumes business, or until a liquidator is duly appointed to wind up the business of the bank. 63-64 V., c. 26, s. 26. Officers and 120. The president, vice-president, directors, general man- sist curator] a S er > managers, clerks and officers of the bank shall give and afford to the curator all such information and assistance as he requires in the discharge of his duties. 63-64 V., c. 26, s. 27. No act of 121. Xo by-law, regulation, resolution or act, touching the directors^ ^ affairs or management of the bank, passed, made or done by the approved by directors during the time the curator is in charge of the bank, curator. shall be of any force or effect until approved in writing by the curator. 63-64 V., c. 26, s. 27. Curat 122. The curator shall make all returns and reports, and turns as shall give all information to the Minister, touching the affairs required by of the bank, that the Minister requires of him. 63-64 V., c. 26, Minister. s. 28. Remunera- tion of curator. 123. The remuneration of the curator for his services, and his expenses and disbursements in connection with the dis- charge of his duties, shall be fixed and determined by the Asso- ciation, and shall be paid out of the assets of the bank, and, in case of the winding-up of the bank, shall rank on the estate 366 equally R.S., 1906. Banks. Chap. 29. 41 equally with the remuneration of the liquidator. 63-64 V., c. 26, s. 29. BY-LAWS OF THE CANADIAN BANKERS' ASSOCIATION. 124. The Association may, at any meeting thereof, with How made, the approval of two-thirds in number of the banks represented at such meeting, if the banks so approving have at least two- thirds in par value of the paid-up capital of the banks so repre- sented, make by-laws, rules and regulations respecting, — (a) all matters relating to the appointment or removal of As to what the curator, and his powers and duties; subjects. (b) the supervision of the making of the notes of the banks which are intended for circulation, and the delivery thereof to the banks ; (c) the inspection of the disposition made by the banks of such notes ; (d) the destruction of notes of the banks ; and, (e) the imposition of penalties for the breach or non-ob- servance of any by-law, rule or regulation made by virtue of this section. 2. No such by-law, rule or regulation, and no amendment Approval of or repeal thereof, shall be of any force or effect until approve 1 j^ r r j"' y by the Treasury Board. 3. Before any such by-law, rule or regulation, or any N ti ce to amendment or repeal thereof is so approved, the Treasury other banks. Board shall submit it to every bank which is not a member of the Association, and give to each such bank an opportunity of being heard before the Treasury Board Avith respect thereto. 4. The Association shall have all powers necessary to carry E n f orcemen t out, or to enforce the carrying out, of any by-law, rule or regu- of by-laws, lation, or any amendment thereof, so approved by the Treasurv Board. 63-64 V., c. 26, ss. 30 and 31. INSOLVENCY. 125. In the event of the property and assets of the bank Double being insufficient to pay its debts and liabilities, each share- shareholders. holder of the bank shall be liable for the deficiency, to an amount equal to the par value of the shares held by him, in addition to any amount not paid up on such shares. 53 Y.. c. 31, s. 89. 126. The liability of the bank, under any law, custom or Liability agreement to repay moneys deposited with it and interest, ' ' 1,a,lk - if any, ami to pay dividends declared and payable on its capital stock, shall continue, notwithstanding any statute of limita- tions, or any enactmenl or law relating to prescription. Jfo prescrip- 2. This section applies to moneys heretofore or hereafter ' deposited, ami in dividends heretofore or hereafter declared, tive. 53 V.. e. 31. s. 90. 367 127. R.S., L906 42 Chap. 29. Banks. 127. Any suspension by the bank of payment of any of onstitute its liabilities as they accrue, in specie or Dominion notes, shall, insolvency, if it continues for ninety days consecutively, or at intervals within twelve consecutive months, constitute the bank insolvent, ami work a forfeiture of its charter or Act of incorporation, far as regards all further banking operations. Charter to 2. The charter "l' Act of incorporation of the bank shall, in force"onh n f..r Slicn ease, remain in force only for the purpose of enabling the winding up. directors, or other lawful authority, to make and enforce the calls mentioned in the next following section of this Aet, and to wind up the business of the bank. 53 V., c. 31, s. 91. If r>" pro- ceedings within 3 month-; thereafter direct make calls. Intervals. Notice. Number. Amount. Payment. call. Pro< Forfeiture for non-pay- ment. I'; i viso. 128. If any suspension of payment in full, in specie or Dominion notes, of all or any of the notes or other liabilities of the bank, continues for three months after the expiration of the time which, under the last preceding section, would constitute the bank insolvent, and if no proceedings are taken under any Act for the winding-up of the bank, the directors shall make calls on the shareholders thereof, to the amount they (hem necessary to pay all the debts and liabilities of the bank, without waiting for the collection of any debts due to the bank or the sale of any of its assets or property. 2. Such calls shall be made at intervals of thirty days. 3. Such calls shall be made upon notice to be given at least thirty days prior to the day on which any such call shall be payable. 4. Any number of such calls may bo made by one resolution. 5. jSTo such call shall exceed twenty per centum on each share. 6. Payment of such calls may be enforced in like manner as payment of calls on unpaid stock may lie enforced. 7. The first of such calls may be made within ten days after tho expiration of the said three months. v . In the event of proceedings being taken, under any Act, for the winding-up of the bank in consequence of the insol- vency of the bank, the said calls shall be made in the manner prescribed for the making of such calls in such Act. 9. Any failure on the part of any shareholder liable to any such call to pay the same when due. shall work a forfeiture by such shareholder of all claim in or to any part of the assets of the bank: Provided that such call, and any further call there- after, shall nevertheless be recoverable from him as if no such forfeiture had been incurred. .">:'. V.. >•. 31, »-. 92, 93 and 94. Liability of 129. Nothing contained in the four sections last preceding dfcSSed! * snft U be construed to alter or diminish the additional liabilities the directors as herein mentioned and declared. 53 V., - Liability of shareholders who have R.S., 1906. 130. (a) Persons who, having been shareholders of the bank, have only transferred their share-, or any of them, to 368 others, Banks. Chap. 29. 43 others, or registered the transfer thereof, within sixty Jays transferred before the commencement of the suspension of payment by r stock ' the bank ; and, (b) Persons whose subscriptions to the stock of the bank 0r L wh °se subscriDLions have been cancelled, in manner hereinbefore provided, have been within the said period of sixty days before the commence- cancelled - ment of the suspension of payment by the bank ; shall be liable to all calls on the shares held or subscribed for by them, as if they held such shares at the time of such suspen- sion of payment, saving their recourse against those by whom such shares were then actually held. 53 V., c. 31, s. 96. 131. In the case of the insolvency of any bank, — Order of (a) the payment of the notes issued or re-issued by such y"^ 68 ' bank, intended for circulation, and then in circulation, together with any interest paid or payable thereon as here- inbefore provided, shall be the first charge upon the assets of the bank ; (b) the payment of any amount due to the Government of Dominion Canada, in trust or otherwise, shall be the second charge upon such assets; (c) the payment of any amount due to the government of Provincial any of the provinces, in trust or otherwise, shall be the governments, third charge upon such assets; and, (d) the amount of any penalties for which the bank is liable Penalties, shall not form a charge upon the assets of the bank, until all other liabilities are paid. 53 V., c. 31, s. 53. OFFENCES AND PENALTIES. The Commencement of Business. 132. Every director or provisional director of any bank and Commenc- every other person, who, before the obtaining of the certificate ^jthout meSS from the Treasury Board, by this Act required, permitting the certificate, bank to issue notes or commence business, issues or authorizes the issue of any note of such bank, or transacts or authorizes the transaction of any business in connection with such bank, except such as is by this Act authorized to be transacted before the obtaining of such certificate, is guilty of an offence against offence. this Act. 53 V., c. 31, s. 14. The Sale and Transfer of Shares. 133. Any person, whether principal, broker or agent, who if contrary wilfullv sells or transfers or attempts to sell or transfer, — to require- rncnts (a) any share or shares of the capital stock of any bank by a false number; or, (b) any share or shares of which the person making such sale or transfer, or in whose name or on whose behalf the same is made, is not at the time of such sale, or attempted sale, the registered owner ; or, 24 369 (c) R.S., 1906. 44 Chap. 29. Banks. Offence. Holding less than forty p. c. in Dominion notes. Excess of circulation. Penalty. Idem. Idem. Idem. Idem. Unauthor- ized issue of notes for circulation. Penalty. How re- coverable. Appropria- tion. Intention presumed. Exceptions. (c) any share or shares, without the assent to such sale of the registered owner thereof; is guilty of an offence against this Act. 53 V., c. 31, s. 37. The Cash Reserves. 134. Every bank which at any time holds less than forty per centum of its cash reserves in Dominion notes shall incur a penalty of five hundred dollars for each such offence. 53 V., c. 31, s. 50. The Issue and Circulation of Notes. 135. If the total amount of the notes of the bank in circula- tion at any time exceeds the amount authorized by this Act the bank shall, — (a) if the amount of such excess is not over one thousand dollars, incur a penalty equal to the amount of such excess ; or, (b) if the amount of such excess is over one thousand dol- lars, and not over twenty thousand dollars, incur a penalty of one thousand dollars ; or, (c) if the amount of such excess is over twenty thousand dollars, and not over one hundred thousand dollars, incur a penalty of ten thousand dollars; or, (d) if the amount of such excess is over one hundred thou- sand dollars, and not over two hundred thousand dollars, incur a penalty of fifty thousand dollars ; or, (e) if the amount of such excess is over two hundred thou- sand dollars, incur a penalty of one hundred thousand dollars. 53 V., c. 31, s. 51. 136. Every person, except a bank to which this Act applies, who issues or re-issues, makes, draws, or endorses any bill, bond, note, cheque or other instrument, intended to circulate as money, or to be used as a substitute for money, for any amount whatsoever, shall incur a penalty of four hundred dol- lars. 2. Such penalty shall be recoverable with costs, in any court of competent jurisdiction, by any person who sues for the same. 3. A moiety of such penalty shall belong to the person suing for the same, and the other moiety to His Majesty for the public uses of Canada. 4. If any such instrument is made for the payment of a less sum than twenty dollars, and is payable either in form or in fact to the bearer thereof, or at sight, or on demand, or at less than thirty days thereafter, or is overdue, or is in any way calculated or designed for circulation, or as a substitute for money, the intention to pass the same as money shall be pre- sumed, unless such instrument is, — (a) a cheque on some chartered bank paid by the maker directly to his immediate creditor ; or, 370 (b) R.S., 1906. Banks. Chap. 29. ' 45 (b) a promissory note, bill of exchange, bond or other under- taking for the payment of money made or delivered by the maker thereof to his immediate creditor; and, (c) not designed to circulate as money or as a substitute for money. 53 V., c. 31, s. 60. 137. Every person who in any way defaces any Dominion Defacement or provincial note, or bank note, whether by writing, printing, ° ' drawing or stamping thereon, or by attaching or affixing thereto, anything in the nature or form of an advertisement, shall be liable to a penalty not exceeding twenty dollars. 53 V., c. 31, Penalfc y- s. Gl. 138. (a) Every person who, being president, vice-president, Issuing notes director, general manager, manager, clerk or other officer P e"od of of the bank, issues or re-issues, during any period of sus- suspension, pension of payment by the bank of its liabilities, any notes of the bank payable to bearer on demand, and intended for circulation, or authorizes or is concerned in any such issue or re-issue ; and, (b) If, after any such suspension, the bank resumes business Or without, without the consent in writing of the curator, hereinbefore Xrensl/rv provided for, every person who being president, vice- Board, president, director, general manager, manager, clerk or other officer of the bank issues or re-issues, or authorizes or is concerned in the issue or re-issue of any such notes before being thereunto authorized by the Treasury Board ; and, (c) Every person who accepts, receives or takes, or author- And aecept- izes or is concerned in, the acceptance, receipt or taking of luteal" 5 1 any such notes, knowing the same to have been so issued or re-issued, from the bank, or from such president, vice- president, director, general manager, manager, clerk or other officer of the bank, in payment or part payment, or as security for the payment of any amount due or owing to such person by the bank ; is guilty of an indictable offence, and liable to imprisonment Penalty, for a term not exceeding seven years, or to a fine not exceeding two thousand dollars, or to both. 63-64 V., c. 26, s. 10. 139. (a) Every person who, being the president, vice- Pledging of president, director, general manager, manager, cashier, or other officer of the bank, pledges, assigns, or hypothecates, or authorizes, or is concerned in the pledge, assignment or hypothecation of the notes of the bank; and, (b) Every person who accepts, receives or takes, or author- Accepting. izes or is concerned in the acceptance or receipt or taking of such notes as a pledge, assignment or hypothecation; shall he liable to a fine of not less than four hundred dollars and Penalty. not more than two thousand dollars, or to imprisonment for not more than two years, or to both. 53 V., c. 31, s. 52. 24£ 371 140. K.S., 1006. 46 Chap. 29. Banks. Issuing notes fraudulently. Knowingly accepting. Penalty. 140. (a) Every person who, being the president, vice- president, director, general manager, manager, cashier or other officer of a bank, with intent to defraud, issues or delivers, or authorizes or is concerned in the issue or deliv- ery of notes of the bank intended for circulation and not then in circulation; and, (b) Every person who, with knowledge of such intent, accepts, receives or takes, or authorizes or is concerned in the acceptance, receipt or taking of such notes ; shall be guilty of an indictable offence, and liable to imprison- ment for a term not exceeding seven years, or to a fine not exceeding two thousand dollars, or to both. 53 V., c. 31, s. 52. Bank acquiring warehouse pt or bill of lading. Except in certain cases Penalty. Warehouse Receipts, Bills of Lading and other Securities. 141. If any bank, to secure the payment of any bill, note, debt or liability, acquires or holds, — (a) any warehouse receipt or bill of lading ; or, (b) any instrument such as is by this Act authorized to be taken by the bank to secure money lent, — (i) to any wholesale purchaser, or shipper of or dealer in products of agriculture, the forest, quarry and mine, or the sea, lakes and rivers, or to any wholesale purchaser or shipper of or dealer in live or dead stock, and the products thereof, upon the security of such products, or of such live or dead stock, or the products thereof; or, (ii) to any person engaged in business as a wholesale manufacturer of any goods, wares and merchandise, upon the security of the goods, wares and merchan- dise manufactured by such person, or procured for such manufacture ; such bank shall, unless, — (a) such bill, note, debt or liability is negotiated or con- tracted at the time of the acquisition by the bank of such warehouse receipt, bill of lading or security ; or, (b) such bill, note, debt or liability is negotiated or con- tracted upon the written promise or agreement that such warehouse receipt, bill of lading or security would be given to the bank ; or, (c) the acquisition or holding by the bank of such ware- house receipt, bill of lading or security is otherwise author- ized by this Act; incur a penalty not exceeding five hundred dollars. 53 V., c. 31, s. 79. Non-compli- ance with requirements for sale. 142. If any debt or liability to the bank is secured by, — (a) any warehouse receipt, or bill of lading; or, (b) any other security such as is mentioned in the last pre- ceding section; 372 and K.S., 1906. Banks. Chap. 29. 47 and is not paid at maturity, such bank shall, if it sells the goods, wares and merchandise or products, covered by such warehouse receipt, bill of lading or security, under the power of sale con- ferred upon it by this Act, without complying with the provi- sions to which the exercise of such power of sale is, by this Act, made subject, incur a penalty not exceeding five hundred dol- Penalty, lars. 53 V., c. 31, s. 79; 63-64 V., c. 26, s. 13. 143. Every person is guilty of an indictable offence and Making false liable to imprisonment for a term not exceeding two years who statements - wilfully makes any false statement, — (a) in any warehouse receipt or bill of lading given under In ware- the authority of this Act to any bank; or, . ^"b^'of 1 ^ (b) in any instrument given to any bank under the authority lading, of this Act, as security for any loan of money made by the bank to any wholesale purchaser or shipper of or dealer In security in products of agriculture, the forest, quarry and mine, ducts Pr ° or the sea, lakes and rivers, or to any wholesale purchaser, or shipper of or dealer in live or dead stock and the pro- ducts thereof, whereby any such products or stock is as- signed or transferred to the bank as security for the pay- ment of such loan ; or, (c ) in any instrument given to any bank under the authority in security of this Act, as security for any loan of money made by " pon manu - the bank to any person engaged in business as a wholesale manufacturer of any goods, wares and merchandise, where- by any of the goods, wares and merchandise manufac- tured by him, or procured for such manufacture, are transferred or assigned to the bank as security for the payment of such loan. 53 V., c. 31, s. 75. 144. Every person who, having posssession or control of Wilfully dis- any goods, wares and merchandise covered by any warehouse ^withhold- receipt or bill of lading, or by any such security as in the last ing goods preceding section mentioned, and having knowledge of such s^rin- by receipt, bill of lading or security, without the consent of the bank in writing, and before the advance, bill, note, debt or lia- bility thereby secured has been fully paid, — (a) wilfully alienates or parts with any such goods, wares or merchandise; or, (b) wilfully withholds from the bank possession of any such goods, wares and merchandise, upon demand, after, default in payment of such advance, bill, note, debt or liability; is guilty of an indictable offence, and liable to imprisonment Penalty, for a term not exceeding two vears. 53 V., c. 31, s. 75; 63-61 V., c. 26, s. 18. 145. (a) If any bank having, by virtue of the provisions Bank not of this Act, a privileged lien for any debt or liability for selling shares any debt to the bank, on the shares of its own capital privileged stock of the debtor or person liable, neglects to sell such Iien - 373 shares R.S., 1906. 4? Chap. 29. Banks. Or selling without notice. Penalty, shares within twelve months after such debt or liability has accrued and become payable ; or, (b) If any such bank sells any such shares without giving notice to the holder thereof of the intention of the bank to sell the same, by mailing such notice in the post office, post paid, to the last known address of such holder, at least thirty days prior to such sale; such bank shall incur, for each such offence, a penalty not ex- ceeding five hundred dollars. 53 V., c. 31, s. 79. Prohibited Business. Bank doing. 146. If any bank, except as authorized by this Act, either directly or indirectly, — (a) deals in the buying or selling or bartering of goods, wares and merchandise, or engages or is engaged in any trade or business whatsoever ; or, (b) purchases, deals in, or lends money or makes advances upon the security or pledge of any share of its own capital stock, or of the capital stock of any bank; or, (c) lends money or makes advances upon the security, mort- gage or hypothecation of any lands, tenements or immov- able property, or of any ships or other vessels, or upon the security of any goods, wares and merchandise; Penalty. such bank shall incur a penalty not exceeding five hundred dollars. 53 V., c. 81, s. 79. Bank not making monthly return??. Penalty. Not making returns required by Minister. Penalty. Returns. 147. Every bank which neglects to make up and send to the Minister, within the first fifteen days of any month, any monthly return by this Act required to be made up and sent in within the said fifteen days, exhibiting the condition of the bank on the last juridical day of the month last preceding, and signed in the manner and by the persons by this Act required, shall incur a penalty of fifty dollars for each and every day, after the expiration of such time, during which the bank neglects to make and send in such return. 53 V., c. 31, s. 85. 148. Every bank which neglects to make and send to the Minister, within thirty days from the date of the demand therefor by the Minister, or, if such time is extended by the Minister, within such extended time, not exceeding thirty days, as the Minister may allow, any special return, signed in the manner and by the persons by this Act required, which, under the provisions of this Act, the Minister may, for the purpose of affording a full and complete knowledge of the condition of the bank, call for, shall incur a penalty of five hundred dollars for each and every day during which such neglect continues. 53 V., c. 31, s. 86. 374 149. R.S., 190G. Banks. Chap. 29. 49 149. Every bank which neglects to transmit or deliver to Bank not the Minister, within twenty days after the close of any calendar ^f^af re- year, a return, signed in the manner and by the persons and turns as to setting forth the particulars by this Act required in that behalf, of all drafts or bills of exchange issued by the bank to any person and remaining unpaid for more than five years prior to the date of such return, shall incur a penalty of fifty dollars Penalty, for each and every day during which such neglect continues. 63-64 V., c. 26, s. 21. 1 50. Every bank which neglects to transmit or deliver to Not retum- the Minister, within twenty days after the close of any calendar jj^ annual year, a certified list, as by this Act required, showing, — (a) the names of the shareholders of the bank on the last day of such calendar year, with their additions and resi- dences ; (b) the number of shares then held by such shareholders respectively; and, (c) the value at par of such shares ; shall incur a penalty of fifty dollars for each and every day Penalty, during which such neglect continues. 53 V., c. 31, s. 87. 151. Every bank which neglects to transmit or deliver to Not making the Minister, within twenty days after the close of any calendar tSrJJJfofdiYi- year, a return, signed in the manner and by the persons by this dends and Act required, of all dividends which have remained unpaid for a a more than five years, and also of all amounts or balances in respect of which no transactions have taken place, or upon which no interest has been paid, during the five years prior to the date of such return, and setting forth such further particu- lars as are by this Act required in that behalf, shall incur a penalty of fifty dollars for each and every day during which Penalty, such neglect continues. 2. The said term of five years shall, in case of moneys de- Period of posited for a fixed period, be reckoned from the date of the termination of such fixed period. 53 V., c. 31, s. 88. 152. If any return or list, mentioned in either of the last Date of post- five preceding sections, is transmitted by post, the date appear- " list. ing, by the post office stamp or mark upon the envelope or wrap- per inclosing the return or list received by the Minister, as the date of deposit in the post office of the place at which the chief office of the bank was situated, shall be taken prima facie, for the purpose of any of the said sections, to be the day upon which such return or list was transmitted to the Minister. 53 V., c. 31, ss. 85 and 86; 63-64 V., c. 26, s. 22. 153. The making of any wilfully false or deceptive state Making false ment in any account, statement, return, report or other docu- JjJSJtT' m ment respecting the affairs of the bank is an indictable offence return, etc. punishable, unless a greater punishment is in any case by law 375 prescribed R.S., 1006. 50 Chap. 29. Banks. Penaltv. Liability of officers. Offence. Damages. Director refusing to make. Penaltv. President, etc., giving undue prefer ence to any creditor. Penalty. Damages. Unauthor- ized use of title. R.S., 1906. prescribed therefor, by imprisonment for a term not exceeding five years. 2. Every president, vice-president, director, auditor, mana- ger, cashier or other officer of the bank, who, — (a) prepares, signs, approves or concurs in any such account, statement, return, report or document containing such false or deceptive statement; or, (b) uses the same with intent to deceive or mislead any person ; shall be held to have wilfully made such false or deceptive statement, and shall further be responsible for all damages sus- tained by any person in consequence thereof. 53 V., c. 31, s. 99. Calls in the Case of Suspension of Payment. 154. (a) If any suspension of payment in full, in specie or Dominion notes, of all or any of the notes or other liabili- ties of the bank continues for three months after the expiration of the time which, under the provisions of this Act, would constitute the bank insolvent; and, (b) if no proceedings are taken under any Act for the wind- ing-up of the bank ; and, (c) if any director of the bank refuses to make or enforce, or to concur in the making or enforcing of any call on the shareholders of the bank, to any amount which the direc- tors deem necessary to pay all the debts and liabilities of the bank ; such director shall be guilty of an indictable offence, and liable, — (a) to imprisonment for any term not exceeding two years; and, (b) personally for any damages suffered by any such default. 53 V., c. 31, s. 92. Undue Preference to the Bank's Creditors. 155. Every person who, being the president, vice-presi- dent, director, manager, cashier or other officer of the bank, wilfully gives or concurs in giving to any creditor of the bank any fraudulent, undue or unfair preference over other creditors, by giving security to such creditor, or by changing the nature of his claim, or otherwise howsoever, is guilty of an indictable offence, and liable, — , (a) to imprisonment for a term not exceeding two years ; and, (b) for all damages sustained by any person in consequence of such preference. 53 V., c. 31, s. 97. The Using of the Title ' Bank,' etc. 156. Every person assuming or using the title of ' bank/ ' banking company,' ' banking house,' ' banking association ' or 376 ' banking Banks. Chap. 29. 51 ( banking institution/ without being authorized so to do by this Penalty. Act, or by some other Act in force in that behalf, is guilty of an offence against this Act. 53 V., c. 31, s. 100. Penalty for Offence against this Act. 157. Every person committing an offence, declared to be an Offence offence against this Act, shall be liable to a fine not exceeding A ga . inst this one thousand dollars, or to imprisonment for a term not ex- p en alty. ceeding five years, or to both, in the discretion of the court before which the conviction is had. 53 V., c. 31, s. 101. PROCEDURE. 158. The amount of all penalties imposed upon a bank for Penalties any violation of this Act shall be recoverable and enforceable, enforceable with costs, at the suit of His Majesty instituted by the Attorney Attorney General of Canada, or by the Minister. General of 2. Such penalties shall belong to the Crown for the public Appropria- uses of Canada : Provided that the Governor in Council, on the tion. report of the Treasury Board, may direct that any portion of Proviso, any penalty be remitted, or paid to any person, or applied in any manner deemed best adapted to attain the objects of this Act, and to secure the due administration thereof. 53 V., c. 31, s. 9S. SCHEDULE A. 1. The Bank of Montreal. 2. The Bank of ISTew Brunswick. 3. The Quebec Bank. 4. The Bank of Nova Scotia. 5. The St. Stephen's Bank. 6. The Bank of Toronto. 7. The Molsons Bank. 8. The Eastern Townships Bank. 9. The Union Bank of Halifax. 10. The Ontario Bank. 11. La Banque Rationale. 12. The Merchants Bank of Canada. 13. La Banque Provinciale du Canada. 14. The People's Bank of Xew Brunswick. 15. The Union Bank of Canada. 16. The Canadian Bank of Commerce. 17. The Eoyal Bank of Canada. 18. The Dominion Bank. 377 19. R.S., 1906. 52 Chap. 29. Banks. 19. The Bank of Hamilton. 20. The Standard Bank of Canada. 21. La Banque de St. Jean. 22. La Banqne d'Hochelaga. 23. La Banqne de St. Hyaeinthe. 24. The Bank of Ottawa! 25. The Imperial Bank of Canada. 26. The Western Bank of Canada. 27. The Traders' Bank of Canada. 28. The Sovereign Bank of Canada. 29. The Metropolitan Bank. 30. The Crown Bank of Canada. 31. The Home Bank of Canada. 32. The Northern Bank. 33. The Sterling Bank of Canada. 34. The United Empire Bank of Canada. 63-G4 V., e. 26, s. 4, and sch. A. SCHEDULE B. An Act to incorporate the Bank. Whereas the persons hereinafter named have, by their peti- tion, prayed that an Act be passed for the purpose of establish- ing a bank in , and it is expedient to grant the prayer of the said petition: Therefore His Majesty, by and with the advice and consent of the Senate and Honse of Commons of Canada, enacts as follows : — 1. The persons hereinafter named, together with such others as become shareholders in the corporation by this Act created, are hereby constituted a corporation by the name of , hereinafter called the Bank. 2. The capital stock of the Bank shall be dollars. 3. The chief office of the Bank shall be at 4, shall be the provisional directors of the Bank. 5. This Act shall, subject to the provisions of section six- teen of the Bank Act, remain in force until the first day of July, in the year one thousand nine hundred and eleven. 53 V., c. 31, sch. B. ; 63-64 V., c. 26, s. 45. 378 SCHEDULE B.S., 1906. Banks. Chap. 29. 53 SCHEDULE C. In consideration of an advance of dollars made by the Bank to A. B., for which the said Bank holds the following bills or notes: {describe the bills or notes, if any), \_or, in consideration of the discounting of the following bills or notes by the Bank for A. B. : {describe the bills or notes), .] the goods, wares and mer- chandise mentioned below are hereby assigned to the said Bank as security for the payment on or before the day of of the said advance, together with interest thereon at the rate of ... . per centum per annum from the day of (or, of the said bills or notes, or renewals thereof, or substitutions therefor, and interest thereon, or as the case may be). This security is given under the previsions of section eighty- eight of the Bank Act, and is subject to the provisions of the said Act. . The said goods, wares and merchandise, are now owned by , and are now in the possession of , and are free from any mortgage, lien or charge thereon (or as the case may be), and are in (place or places where the goods are), and are the following (description of goods assigned). Dated, etc. (N.B. — The bills or notes and the goods, etc., may be set out in schedules annexed.) 63-64 V., c. 26, s. 46 and sch. C. SCHEDULE D. Return of the liabilities and assets of the bank on the day of , A.D. Capital authorized $ Capital subscribed Capital paid up Amount of rest or reserve fund Rate per cent of last dividend declared . . . . per cent. LIABILITIES. 1. Notes in circulation $ 2. Balance due to Dominion Government, after deducting advances for credits, pay-lists, etc 3. Balances due to provincial governments. . . . 379 4. R.S., 1906. 54 Chap. 29. Banks. 4. Deposits by the public, payable on demand, in Canada $ 5. Deposits by the public, payable after notice or on a fixed day, in Canada 6. Deposits elsewhere than in Canada 7. Loans from other banks in Canada, secured, including bills rediscounted 8. Deposits made by and balances due to other banks in Canada 9. Balances due to agencies of the bank, or to other banks or agencies, in the United Kingdom 10. Balances due to agencies of the bank, or to other banks or agencies, elsewhere than in Canada and the United Kingdom 11. Liabilities not included under foregoing heads ASSETS. 1. Specie i 2. Dominion notes 3. Deposits with Dominion Government for security of note circulation 4. Notes of and cheques on other banks 5. Loans to other banks in Canada, secured, in- cluding bills rediscounted * 6. Deposits made with and balances due from other banks in Canada 7. Balances due from agencies of the bank, or from other banks or agencies, in the United Kingdom 8. Balances due from agencies of the bank, or from other banks or agencies, elsewhere than in Canada and the United Kingdom. 9. Dominion Government and provincial govern- ment securities 10. Canadian municipal securities, and British, or foreign, or colonial public securities, other than Canadian 11. Railway and other bonds, debentures and stocks 12. Call and short loans on stocks and bonds in Canada 13. Call and short loans elsewhere than in Canada 14. Current loans in Canada 15. Current loans elsewhere than in Canada. . . . 380 R.S., 1906. 16. Banks. Chap. 29. 55 16. Loans to the Government of Canada $ 17. Loans to provincial governments 18. Overdue debts 19. Real estate other than bank premises 20. Mortgages on real estate sold by the bank. . . 21. Bank premises 22. Other assets not included under the foregoing heads Aggregate amount of loans to directors, and firms of which they are partners, $ Average amount of specie held during the month, $ Average amount of Dominion notes held during the month, Greatest amount of notes in circulation at any time during the month, $ I declare that the above return has been prepared under my directions and is correct according to the books of the bank. E. F, Chief Accountant. We declare that the foregoing return is made up from the books of the bank, and that to the best of our knowledge and belief it is correct, and shows truly and clearly the financial position of the bank ; and we further declare that the bank has never, at any time during the period to which the said return relates, held less than forty per centum of its cash reserves in Dominion notes. {Place) this day of A. B., President. C. D., General Manager. 63-G-t V., c. 26, s. 47 and sch. D. OTTAWA: Printed by Samuel Edward Dawson, Law Printer to the King's most Excellent Majesty. 381 R.S., 1006. CHAPTER 30. An Act respecting Savings Banks. SHORT TITLE. 1. This Act may be cited as the Savings Banks Act. Short title. INTERPRETATION. 2* In this Act, unless the context otherwise requires, — Definitions. (a) ' Minister ' means the Minister of Finance ; (b) ' agent ' includes Assistant Receiver General. U.S., c. 121, s. 1. DIVISION OF ACT. 3. This. Act is divided into three parts. Part I. applies Division into exclusively to the system of post office savings banks estab- Parts - lished by the Postmaster General with the consent of the Gov- ernor in Council. Part II. applies exclusively to savings banks established bv the Governor in Council. Part III. is general, and is not confined to either kind of banks. PART I. POST OFFICE SAVINGS BANKS. Establishment of Banks. 4. There shall continue to be a system of post office savings Continua- banks established bv the Postmaster General, with the consent tion of - ' cm. of the Governor in Council, in connection with a central sav- ings bank, established as a branch of the Post Office Depart- ment at the seat of the Government. R.S.. <•. 35, 8. 65. 5. The Postmaster General may, with the consenl of the Deposits and Governor in Council, authorize and direel such postmasters repayment: as he thinks fit. to receive deposits for remittance to the office of the central savings bank, and to repay the same, under such regulations as he, with the sanction of the Governor in Council, prescribes in that respect. R. S., c. 35, -. 66. 383 Deposits. R.S., L906. Chop. 30. Savings Banks. Part I. Mii Entry in depositor's book. Acknow- ledgment. Deposits. 6. Xo deposit shall be received of less amount than one dollar, nor of any sum not a multiple of a dollar. R.S., c. 35, s. 67. 7. Every deposit received by any postmaster appointed for that purpose shall be entered by him at the time in the de- positor's book, and the entry shall be attested by him and by l he dated stamp of his office. 2. The amount of such deposit shall, upon the day of such receipt, be reported by such postmaster to the Postmaster Gen- eral, and the acknowledgment of the Postmaster General, sig- nified by the officer whom he appoints for the purpose, shall be forthwith transmitted to the depositor. R.S., c. 35, s. 67. Evidence of claim. Conclusive evidence for limited time 8. Such acknowledgment shall be conclusive evidence of the claim of the depositor to the payment of the deposit, with the interest thereon, upon demand made by him on the Post- master General. 2. In order to allow a reasonable time for the receipt of the acknowledgment, the entry by the proper officer in the de- positor's book shall also be conclusive evidence of the title, as respects a deposit made in any part of Canada other than the province of British Columbia, Saskatchewan or Alberta, or the Northwest or Yukon Territories, for ten days from the making of the deposit, and as respects a deposit made in the province of British Columbia, Saskatchewan or Alberta, or the North- west or Yukon Territories, for eighteen days from the making of the deposit. Conclusive 3. If such acknowledgment has not been received by the t^fheiMime depositor through the post within such ten or such eighteen days respectively, and before or upon the expiry thereof he demands such acknowledgment from the Postmaster General, by letter addressed to him at Ottawa, then the entry in his book shall be conclusive evidence of title during another term of ten or eighteen days respectively, and toties quoties. R.S., e. 35, s. 67. Seizure of money. Amount and rate of interest. 9. No sum of money deposited under this Part shall, while in the hands of any postmaster, or while in course of transmis- sion to or from the Postmaster General, at any time be liable to demand, seizure or detention, under legal process against the depositor thereof. U.S., c. 35, s. 68. Certificates of Deposit. 10. The Postmaster General may, with the consent of the Governor in Council, whenever it is deemed expedient, issue certificates of deposit in sums of not less than one hundred dollars, and bearing interest at a rate not exceeding five per centum per annum, to depositors who, having like sums at the 384 credit R.S., 1906. Part I. Savings Banks. Chap. 30. credit of their ordinary deposit accounts, desire to transfer such sums from such ordinary deposit accounts to a special deposit account, represented by such certificates, and bearing the rate of interest specified therein. 2. Such certificates shall not be transferable, but shall be Transfer evidence of the depositor's claim upon such special deposit * nd rede ™ account to the amount expressed in such certificate, with the interest clue thereon, and shall be redeemable upon such pre- vious notice as is expressed therein, and shall in all respects be subject to such regulations as are made by the Postmaster General, with the sanction of the Governor in Council. R.S., c. 35, s. 74. Repayment. 11. On demand of the depositor, or person legally author- Deposit to be ized to claim on account of the depositor, made in such form repaid on as is prescribed in that behalf by the Postmaster General, for repayment of any deposit or any part thereof, the authority of the Postmaster General for such repayment shall be trans- mitted to the depositor forthwith, and the depositor shall be entitled to repayment of any sum that is due to him with the least possible delay after his demand is made, at any post office where deposits are received or paid. E.S., c. 35, s. 69. 12. All moneys transmitted to the central savings bank Post Office shall forthwith be paid over to the Minister, and shall be Bank gS credited to an account called Post Office Savings Bank Account. Account; and all sums withdrawn by depositors, or by persons legally authorized to claim on account of depositors, shall be repaid to them by the Minister through the Post Office Depart- ment, and charged to such account. R.S., c. 35, s. 71. Secrecy. 13. The postmasters and other officers of the post office Disclosing engaged in the receipt or payment of deposits shall not disclose name of the name of any depositor or the amount deposited or with- amount-. drawn, except to the Postmaster General, or to such of his officers as are appointed to assist in carrying into operation the provisions of this Part. U.S., c. 35, s. 70. Regulations. 14. Except as in this Part otherwise specially provided, Accounts the Postmaster General may make regulations for superintend- insDected - ing, inspecting and regulating the mode of keeping and exam- ining the accounts of depositors, and with respect to the making of deposits, and to the withdrawal of deposits and interest, and Deposits, all other matters incidental to carrying the provisions of this Part into execution by him. 25 385 2. R.S., 1906. Chap. 30. Savings Banks. Part I. Legal effect of regula- tions. < i pics to be laid before Parliament. 2. All regulations so made shall be binding on the persons interested in the subject-matter thereof to the same extent as if such regulations were enacted in this Part. 3. Copies of all regulations issued under the authority of this Part shall be laid before both Houses of Parliament within fourteen days from the dale thereof,- if Parliament is then sitting, and if not, then within fourteen days after the next reassembling of Parliament. U.S., c. 35, s. 75. Monthly re- turns of re- ceipts and payments. Returns and Accounts. 15. As soon as possible after the end of each month, the Postmaster General shall make a return to the Minister of all moneys received and paid during the preceding month, and of the total amount in deposit at the end of each month, and the Minister shall cause such monthly statement to be published in the Canada Gazette. R.S., c. 35, s. 76. Annual ac- 16, An annual account of all deposits received and paid statement to under the authority of this Part and of the expenses incurred be laid be- during the fiscal year, together with a statement of the total ment. amount due at the close of the year to all depositors, shall be laid by the Postmaster General before both Houses of Parlia- ment within ten days after the commencement of the next following session thereof. R.S., c. 35, s. 77. Annual re- port to Par- liament. Bank transact : ons. Losses. Forering de- positor's book. Penalty. Report. 17. The Postmaster General shall annually make to the Governor General, so that it may be laid before Parliament within ten days after the meeting thereof, in each session, a report made up to the close of the last preceding fiscal year containing a statement, — (a) of the bank transactions during the year, and of the total amount due at the close of the same to all depositors; (b) of the losses, if any, sustained during the year to which the report relates, in conducting the bank system. 52 V., r. 20, s. 12. Offences and Penalties. 18. Every one who forges, counterfeits or imitates any bank depositor's book, or authority of the Postmaster General for repayment of a bank deposit or of any part thereof, or any signature or writing in or upon any bank depositor's book, or authority of the Postmaster General for repayment of a bank deposit, or of any part thereof, with intent to defraud, is guilty of an indictable offence, and liable to imprisonment for any term not exceeding seven years, and not less than two years. R.S., e. 35, s. 87. 386 19. R.S., 190G Part II. Savings Banks. Chap. 30. 19. Every officer of or connected with the bank system who Conversion converts to his own use in any way whatsoever, or uses by way £ y officer of investment in any kind of property or merchandise, or lends, with or without interest, any portion of the public moneys entrusted to him as such officer for safe keeping, or transfer, disbursement or for any other purpose, shall be deemed to have stolen so much of the said moneys as is so taken, converted, in- vested, used or lent, and is guilty of an indictable offence. 2. Every person who advises or knowingly and willingly par- Accessory ticipates in such theft, is guilty of an indictable offence, and shall, for every such offence, forfeit and pay to His Majesty a fine equal to the amount of the money stolen, and shall be liable Penalty, to imprisonment for a term not exceeding seven years and not less than three months. R.S., c. 35, s. 105. Evidence. 20. The neglect or refusal by any such officer to pay over Neglect or 1V & £ • i • i • a i + ? J r refusal to any public moneys aforesaid in his nanus, or to transier or clis- pay over burse any such moneys promptly, on the requirement of the moneys. Postmaster General, shall be prima facie evidence of such con- version to his own use of so much of such public moneys as is so in the hands of such officer. U.S., c. 35, s. 105. 21. In any action or proceeding for the recovery of any Burden of penalty under this Part, the burden of proof that any thing proved to have been done by the defendant was done in con- formity to or without violation of this Part, shall lie upon the defendant. R.S., c. 35, s. 111. PART II. GOVERNMENT SAVINGS BANKS. Establishment. 22. The Governor in Council may establish a savings bank Establishing at each of the cities of Toronto, Montreal, Halifax and St. John, bankf S ami at any place within the provinces of Manitoba, British Columbia, Prince Edward Island, Saskatchewan and Alberta, and at any place within any province which shall hereafter form part of Canada. R.S., c. 121, s. 2. 23. The Governor in Council may appoint a person who Assistant shall be called an Assistant Receiver General at any city or g^eraY 8 place where a savings bank is established. 25£ 387 2. R.S., 1906. Chap. 30. Savings Banks. Part II. Management of bank. 2. The Assistant Receiver General appointed for the city or place where a savings bank is established shall have the manage- ment of the same. U.S., c. 121, s. 2. Branch sav- ings banks at other plai es. 24. The Governor in Council may also establish branch savings banks in any places in the provinces of Nova Scotia and Xew Brunswick other than the cities of Halifax and St. John, and may appoint persons as agents for the management thereof. U.S., c. 121, s. 2. Deposits — and Duties of Officers. Receipt of 25. Every agent shall, under regulations from time to time deposits ami mac | e i n that behalf by the Treasury Board with the approval of the Governor in Council, receive deposits of money on ac- count of the Minister, and shall repay the same with interest to the depositor as hereinafter provided. R.S., c. 121, s. 3. j ment. Deposits 26. Such of the collectors of Customs in the province of tore ofCus- ^ ew Brunswick as are authorized to receive deposits of money toms in Xew as savings shall continue to receive the same until other sav- Brunswick. - n g S bank agents are appointed in their stead respectively, and shall be subject as agents to all the provisions of this Part. R.S., c. 121, s. 3. Inspectors. Inspection and investi- gation. Duties. 27. The Governor in Council may also appoint an inspector or inspectors to inspect, investigate and report upon the busi- ness which arises in carrying out the provisions of this Part. 2. The agent appointed to receive deposits, and all other persons who are employed under this Part, shall afford to such inspectors all needful facilities for such inspection and inves- tigation. 3. The duties and powers of such inspectors shall be such as are assigned to them under the regulations made under this Part. R.S., c. 121, s. 4. Security by officers. Oath to taken. Form. be R.S.,1906. 28. Every agent, officer, clerk and servant employed under this Part, who is entrusted with and has the custody of any moneys or valuable securities, shall, before entering upon the duties of his office or employment, give such security for the faithful discharge of the same, and for the due accounting for all such moneys, as is required of him by the Treasury Board, and shall also take an oath or affirmation before a justice of the peace, faithfully to perform his said duties, in the form or to the effect following, that is to say: — I. A. B., of , being duly sworn, swear, (or do solemnly affirm) that so long as I am employed in assisting to carry out the provisions of the Savings Banks Act, relating to Government savings banks, I will perform faith- fully relating to Government savings 388 Part II. Savings Banks. Chap. 30. 7 fully and to the best of my ability the duties that are assigned to me. And I have signed, Sworn (or affirmed) at this day of , 19 , before me, A. B., justice of the peace for the of R.S., c 121, s. 5. 29. Every agent appointed to receive deposits may receive From whom deposits from any person whatever, whether such person is deposits may qualified by law to enter into ordinary contracts or not : Pro- vided that if the person who makes any such deposit could not, under the laws of the province where the deposit is made, by reason of some disability, deposit and withdraw money in and Limit in from a bank, the total amount of deposits to be received from certam oases - such person shall not exceed the sum of five hundred dollars. 2. Every such agent may from time to time, pay any or all To whom of the principal of such deposits and the whole or any part of mav' bT"* the interest thereon to such person, without the authority, aid, made, assistance or intervention of any person or official being re- quired, any law, usage or custom to the contrary notwithstand- ing. R.S., c. 121, s. 6. 30. Every depositor, on making his first deposit, shall de- Address of clare his, name, residence and occupation. depositor. 2. The persons employed in the receipt or payment of such Secrecy deposits shall not disclose the name of any depositor, or the as to ' amount deposited or withdrawn, except to the Minister or to such of his officers as are appointed to assist in carrying into operation the provisions of this Part. R.S., c. 121, s. 7. 31. Every such deposit received by such agent shall be Entry of entered by him, at the time, in a book to be kept by him for deposits - that purpose, and at the same time, shall be entered by him in a pass book to be furnished to the depositor. 2. Subject to the provisions of the next following section, Evidence oi the entry in such pass book, attested by the signature or initials deposit? of the agent who receives the deposit, or of his deputy or clerk, shall be evidence of the claim of such depositor to the repay- ment thereof, with interest thereon, upon demand made during office hours by such depositor on such agent or his successor in office, at the office or place where such deposits are payable. E.S., c. 121, s. 8. 32. Every agent shall report to the Minister, at such times Report to and in such forms as are prescribed by the regulations under Minister - this Part, all deposits received by him. 2. At such times as are prescribed by the regulations made Notice to be under this Part, but not at less intervals than the beginning of |*"J each calendar month, the officer appointed thereto by the Minis- 389 ter R.S., 1906 Chap. 30. Savings Banks. Part II. Liability of Crown. Correcting error. icr shall scud, by mail, to each depositor, to the address given by him a notice stating the amount deposited by him since the statement of the same kind then last sent to him, if any, and the total amount then al his credit. 3. The amount mentioned in sncli notice, as at such deposi- tor's credit and no more, shall he the amount for which the Crown shall be liable up to and including the last deposit therein mentioned, unit's- the depositor, within thirty days after the receipt of the same, notifies the Minister, in such manner as is prescribed by the regulations then in force, that there is some error in such notice and specifies the same. 4. In such case the true amount shall be ascertained, and the depositor shall be notified accordingly. R.S., c. 121, s. 8. Payment into bank. With- drawals;. 33. Every agent shall, at such times as are prescribed by the regulations then in force, pay into the account of the Minister, at such bank as is prescribed by the Minister, all moneys re- ceived on deposit. 2. He shall pay all moneys which are withdrawn in such manner as by the said regulations is prescribed. R.S., c. 121, s. 9. Detailed ae- 34. Every agent shall also, at such times as are prescribed, furnished te transmit to the Minister, in such form as is prescribed by the the Minister. ^Minister, a detailed account of the business of his office during the time that has elapsed since the transmission of his next preceding account. R.S., c. 121, s. 9. - With- drawals and expenses. 35. All moneys deposited under this Part shall form part of the Consolidated Revenue Fund of Canada. 2. All moneys and interest paid to depositors, and all ex- penses incurred in maintaining the savings banks established under this Part, shall be paid out of the Consolidated Revenue Fund of Canada. R.S., c. 121, s. 14. Bv Governor General. Withdrawal. Accounts. Deposit certificates. Inspection. General. Regulations. 36. The Governor in Council may make regulations in respect to, — (a) the withdrawing of deposits and interest; (b) the keeping, examining, inspecting, checking and report- ing on the accounts of depositors ; (c) the issuing of deposit certificates and also respecting the payment or transmission thereof in case of infancy or in the case of marriage, death, bankruptcy or any change in title whatsoever ; (d) the duties and powers of inspectors appointed under this Part; and, (e) all other matters which the Governor in Council deems incidental to the carrying of this Part into effect. 390 2. R.S., 1906. Part II. Savings Banks. Chap. 30. 9 2. Such regulations may prescribe how and in what manner Additional any payment or transmission aforesaid shall be made and what J™™ 1011 declaration, documents or other evidence shall be necessary and sufficient as proof in that behalf. R.S., c. 121, s. 15. 37. All regulations so made shall be binding on the persons To be bind- interested in the subject-matter thereof, to the same extent and ing - as fully to all intents and purposes, as if such regulations were enacted in this Part. 2. Such regulations, and all amendments thereof, shall be Publication. published in such way as the Governor in Council directs. 3. Any copy of such regulations published as aforesaid shall Evidence of. be evidence thereof. R.S., c. 121, s. 15. 38. Copies of all regulations made under the authority of f?P>ef to be x v Ifiicl before this Part shall be laid before both Houses of Parliament by the Parliament. Minister, within fourteen days after the commencement of the session held next following the making of such regulations. R.S., c. 121, s. 15. Statement and Accounts. 39. As soon as possible after the end of each month, the Monthly Minister shall prepare and insert in the Canada Gazette a state- to ^ e pu b_ ment of all moneys received or deposited and withdrawn during Hshed. the preceding month, and of the total amount on deposit at the end of the preceding month, and the rate of interest payable on the same. R.S., c. 121, s. 16. 40. Within ten days from the commencement of the first Accounts to -< —ion of Parliament after the close of each financial year, an fo e re a p ar ]j a _" account of the expenses incurred, and of the amount of de- ment. I »■ .sits received and paid, and of the total amount at the close of the financial year due to all depositors, shall be laid before both Houses of Parliament by the Minister. R.S., c. 121, s. 17. Offences and Penalties. 41. Every agent appointed to receive deposits, as aforesaid, Alteration and every officer, clerk or servant employed under the provi- ° sions of this Part, who defaces, alters, erases, or in any manner or way whatsoever, changes the effect of the books of account that are kept under the provisions of this Part, or any entry in the said books of account, for any fraudulent purpose, and T ] ie f t . every such agent, officer, clerk or servant who secretes, appro- priates or steals any bond, obligation, bill or note, or any security for money, or any moneys or effects entrusted to him, or in his custody, or to which he has obtained access, as Buch agent, officer, clerk or servant. t<» whomsoever the said property belongs, is guilty of an indictable offence and liable to impri- r> en alty. sonment for life. R.S., c 121, s. 10. 391 42. R.S., 1906. 10 Chap. 30. Savings Banks. Part III. Persons 42, Every person who, with intent to defraud, falsely pre- tending to tends to be the owner of any deposit made under this Part, or deposits 6 ™ ° f °^ ^e interest upon such deposit, or of any part of such deposit or interest, and who is not such owner, and who demands or claims from the agent with whom such deposit has been made, or from any other person employed under this Part, the payment of such deposit or interest, or of any portion thereof, as the case may be, and whether he does or does not thereby obtain any such deposit or interest, or any part thereof, is Penalty. guilty of an indictable offence, and shall be punishable accord- ingly. R.S., c. 121, s. 20. PART III. Interest not to exceed 4 p. c. per annum. Minimum amount and time for interest. GENERAL. 43. The interest payable to the persons making deposits under this Act shall be at such rate, not exceeding the rate of four per centum per annum, as the Governor in Council from time to time prescribes. 2. Such interest shall not be calculated on any amount less than one dollar or some multiple thereof and shall not com- mence until the first day of the month next following the day of deposit, and shall cease on the first day of the month in which such deposit is withdrawn. 51 V., c. 8, ss. 1 and 2. Interest added to deposits. 44. On the thirtieth day of June in every year the interest on deposits shall be added to and become part of the principal money. R.S., c. 35, s. 73 ; R.S., c. 121, s. 11. Receipt a discharge when. Execution of 45, ^ ff icer f t h e Government of Canada shall be bound to see to the execution of any trust, whether expressed, implied or constructive to which any deposit made under the authority of this Act is subject. 2. The receipt of the person in whose name any such deposit stands, or, if it stands in the name of more than one person, the receipt of any one of such persons shall be a sufficient dis- charge to all persons concerned for the payment of any money payable in respect of such deposit, notwithstanding any trust to which such deposit is then subject, and whether or not the agent or postmaster sought to be charged with such trust, and with whom the deposit was made, or his successor, had notice thereof. 3. No agent or postmaster or any other officer of the Gov- ernment shall be bound to see to the application of the money paid upon such receipt. R.S., c. 121, s. 12. 'Certain pay- 4g, Every payment made in good faith to any person who va * * appears prima facie, by the production of a declaration in writ- ing and documents in support thereof, made under the provi- 392 sions U.S., 1906. Application of money. Part III. Savings Banks. Chap. 30. 11 sions of this Act, or any regulation made thereunder, to be entitled to any deposit or interest, shall be valid and shall dis- charge the Crown and the agent or postmaster with whom the Discharge, deposit has been made, and his successors, ana all who might otherwise be liable, from all or any claim by any person whom- soever, for such deposit or interest. U.S., c. 121, s. 13. 47. The Minister shall hold, for the purpose of securing the Reserve repayment of deposits made in banks under this Act, an dfSSits amount in gold, or in gold and Canada securities guaranteed by the Government of the United Kingdom, equal to not less than ten per centum of the total amount of such deposits as such amount is ascertained from time to time. 3 E. VII., c. 62, s. 1. OTTAWA: Printed by Samuel Edward Dawson, Law Printer to the King's most Excellent Majesty. 393 R.S., 1906. CHAPTER 31. An Act respecting Penny Banks. SHORT TITLE. 1. This Act may be cited as the Penny Bank Act. Sh <>rt title. INTERPRETATION. 2. In this Act unless the context otherwise requires, — Definitions. (a) ' bank ' means a corporation constituted by letters patent issued under this Act; ( b) ' board ' means the board of directors of such corpora- tion ; (c) ' guarantee fund ' means the fund in this Act required to be established and maintained by the bank as security for the purpose in that behalf in this Act set forth. 3 E. VII., c. 47, ss. 2 and 27. 3. The banks incorporated under this Act shall be deemed Banks savings banks within the meaning of the Winding-up Act. S^banS^ 3 E. VII., c. 47, s. 19. 4. The bank shall not be deemed a bank within the mean- Not a bank ing of the Bank Act. 3 E. VII., c. 47, s. 25. ™* er Bank INCORPORATION AND ORGANIZATION. 5. The Governor in Council may by letters patent grant a Incorpora- charter to any number of persons, not less than five, who peti- ^" p^ent" tion therefor, constituting such persons a body corporate under this Art, with the powers and subject to the restrictions and conditions hereinafter declared: Provided that no such charter Condition, shall be granted by the Governor in Council unless the grant- ing thereof has been first recommended by the Minister of Finance. 3 E. VII., c. 47, s. 3. 6. Notice of the granting of letters patent under this Art Notice in shall be forthwith given by the Secretary of State in the W'', ['''/,'', < 'anada Gazette. 2. From the date of such letters patent the persons thereby Date of in- constituted a corporation, and surli other persona as become corporation, members of the corporation as provided by this Art. shall be a corporation bv the name mentioned in the Letters patent. 395 3. R.S.,1906. o Powers. Chap. 31. Penny Banks. 3. The corporation shall have and may exercise the powers conferred upon it by this Act subject to the provisions hereof. 3 E. VII., c. 47, b. 6. Name of bank. Of directors. Chief office. 7. The letters patent shall declare, — '(a) the name of the hank ; (b) the names of the provisional directors of the bank; (c) the place, being a place in Canada, -where the chief office of the hank is to be situate. 2. The name of the bank declared by the letters patent, shall Penny Bank, include the words Penny Bank, as The Penny Bank, or The Penny Bank of , but such name shall not be the name of any existing corporation, or a name liable to be confounded with that of an existing corporation. •']. The persons named in the letters patent as provisional directors shall not be less than five in number and shall hold office until directors are elected by members of the bank as hereinafter provided. 3 E. VII., c, 47, s. 7. Number of directors. Election of directors. The board. Eligibility. 8. So soon as the guarantee fund has been established as hereinafter provided, the provisional directors shall call a meeting of the members of the bank to elect directors, and shall at such meeting elect not less than five in number. 2. The directors so elected shall constitute the board of directors, and shall take the place of the provisional directors. 3. The provisional directors shall be eligible for election on the board. 3 E. VII., c. 47, s. 8. Commence- ment of business. 9. The bank shall not begin business until after the guar- antee fund has been established, nor until after directors have been elected as provided for in the last preceding section, nor until a certificate has been issued under the direction of the Treasury Board permitting the bank to carry on business under this Act. Certificate. g, ]SJo S nch certificate shall be issued except within one year IV' in the date of the letters patent incorporating the bank, nor except on proof by affidavit or otherwise to the satisfaction of the Treasury Board that all the requirements of this Act have been complied with. Forfeiture of 3. In the event of the bank not obtaining a certificate from powers. r j ie Treasury Board within the period of one year aforesaid, the letters patent of incorporation and all rights, powers and privileges of the hank conferred thereby, or by this Act, shall cease and determine and be of no further force or effect. 3 E. VII., c. 47, s. 9. RULES AND REGULATIONS. Regulations. 10. The Minister of Finance may, with the approval of the Treasury Board, from time to time, make rules and regulations respecting the forms and proceedings and all other matters 396 requisite R.S., 1906. Penny Banks. Chap. 31. 3 requisite for incorporating banks under this Act, and for carry- ing out the other provisions of this Act, and may, with such approval, alter, repeal, annul or change any or all of such rules or regulations. 2. Except as to the requirements of this Act regarding, — Exceptions (a) the number of persons to whom a charter may be granted f. s to regula- 1 7 r J ° tions being under this Act ; and, directory. (b) the recommendation by the Minister of Finance herein- before specified as a condition precedent to the granting of a charter ; such rules and regulations shall be deemed to be directory only. 3 E. VII., c. 47 ss. 4 and 5. PRELIMINARY MATTERS. 11. No letters patent issued under authority of an order of Irregulari- the Governor in Council on the recommendation of the Minister of Finance shall be held to be void or voidable on account of any irregularity or otherwise in respect of any matter, notice, or proceeding preliminary to the making of such recommendation by the Minister of Finance or the passing of such order of the Governor in Council. 3 E. VII., c. 47, s. 5. INTERNAL REGULATION. 12. The affairs of the bank shall be managed and adminis- Directors, tered by and under the authority of the board. 2. Subject to the provisions of the by-laws, directors shall Continuation hold office until their successors are elected; and in default of in office - regulation otherwise by by-law any member of the bank shall be eligible to be a director of the bank. 3. If the seat of a director elected by the members as herein- Vacancy, after provided becomes vacant between annual meetings such vacancy may be filled by the board, and if the seat of a director elected by a workers' association as hereinafter provided be- comes so vacant such vacancy shall be filled by the workers' association. 3 E. VII., c. 47, ss. 10 and 16. 13. A general meeting of the members of the bank shall be Annua] held during each calendar year for the election of directors, and nice, ^K of fur transaction of all or any business which the members in general meeting may lawfully transact. 2. Such general meeting shall be held on such day and ;ii Time and such time and place as are prescribed by by-law in that behalf, '' 1| "' or in default of such by-law on such day and at such time and place as the board names. 3. Special meetings of the members may be called at any Nol time by the board as provided for in the by-laws of the bank for the transaction of such business as is set forth in the notice calling such meeting. 397 4. R.S., 1906. 4 Voting. Chap. 31. /'. mil/ Banki 4. At all meetings «>t" such members each member Bhall have one vote for each one hundred dollars of his subscription or payment to the said fund, and members may vote by proxy. 3 K. VII.. c. 17. ss. 11 and 16. Mailing notice. Remunera- tion for services. 14. In default of other provisions by by-law, notices of all meetings under this Act shall be mailed to each member of the bank at least two weeks previous to the day appointed for the holding of such meeting-. 3 E. VII., c. 47, s. 12. 15. The directors or the members of the voluntary workers' associations shall not be entitled to receive any remuneration for their services as such directors or members, and no profits shall at any time be divided among or paid to members of the bank. 3 E. VII. c. 47, s. 15. By-laws. Directors. Directors. Officers. Security. Meetings. Notice. Quorum. Proxies. Procedure. Calls. Workers' associations. Deposits. Generally. Confirmation of by-laws. BY-LAWS. 16. The board may, from time to time, make by-laws not contrary to law relating to the conduct of the affairs of the bank as to, — (a) the number of directors from time to time, such number to be not less than five; (b ) the terms of service and qualifications of directors; (c) the appointment, functions, duties and removal of all officers, agents and servants of the bank; (d) the security to be given by officers, agents and servants of the bank and their remuneration ; (e) the day, time and place for holding the annual meeting of the members of the bank ; (f) the calling of meetings, regular and special, of the board and of the members of the bank, and the notice to be given of any such meeting ; (g) the quorum at any such meeting; (h) the requirements as to proxies; (i) the procedure in all things at any such meeting; (j) the making of calls on subscribers to the guarantee fund ; (k) the organization and constitution of one or more asso- ciations of workers as hereinafter mentioned; (I) the receipt and repayment of deposits or interest there- on ; and, (m) the conduct in all other particulars of the affairs of the bank. 3 E. VII., c. 47, s. 13. 17. Every by-law made by the board, and every repeal, amendment or re-enactment thereof, unless in the meantime confirmed at a special meeting of the members of the bank duly called for that purpose, shall only have force until the next annual meeting of the members of the bank, and in de- 398 fault U.S., 1906. Penny Banks. Chap. 31. 5 fault of confirmation thereat shall at and from that time cease to have force. 2. If any by-law or part thereof be by resolution expressly Disaffirm- disaffirmed, no new by-law of the same or like effect to that a disaffirmed shall have any force until confirmed at a special meeting or at an annual meeting of the members of the bank. 3. The members of the bank may, either at a special meet- Repeal, ing, or at the annual meeting, repeal, amend, vary or otherwise deal with any by-law which has been passed by the directors. 4. ISTo act done or right acquired under any by-law shall bo Acta done, prejudicially affected by any such want of confirmation, disaf- firmance, repeal, amendment, variation or other dealing. 3 E. VII., c. 47, s. 14. MEMBERS AND VOLUNTARY WORKERS. 18. The members of the bank shall consist of the persons Membership, who subscribe or pay to the guarantee fund hereinafter men- tioned the sum of at least one hundred dollars. 2. A subscriber whose liability for his unpaid subscription Ceasing ceases and determines as hereinafter provided, shall, from the time such liability so ceases and determines, cease to be a mem- ber of the bank. ' 3 E. VII., c. 47, s. 16. 19. The board may, from time to time, make calls upon the Liability of members of the bank on account of their respective subscrip- mem bers. tions to the guarantee fund for such amount as may be re- quired for the payment of any losses which may arise from time to time, and of any expenses and disbursements for which the bank may be liable, which losses, expenses and disburse- ments it may not otherwise be able to pay. 2. Upon such calls being made the members shall respec- Calls, tively be liable to pay, and shall respectively pay, the amounts thereof to the bank, but not exceeding in all the respective amounts of their respective subscriptions to the guarantee fund remaining unpaid. 3 E. VII., c. 47, s. 17. 20. The liability of a member of the bank for his unpaid Cessation of subscription to the guarantee fund shall, subject to the provi- sion of the next following section, cease and determine, — (a) upon his death; Death. (b) upon his being declared by competent authority t<> be a insanity. lunatic or of unsound mind ; (c) upon his procuring another subscriber 1<> the guarantee Substitution, fund, to be approved and accepted by the board, for an amount equal to or greater than the amount for which he himself is liable as subscriber t<> the said fund. •"> E. VII., c. 47, s. 18. 21. Notwithstanding the provisions of the last preceding Liability in seetion, the liability <»f a member of the bant shall not cease case of 399 and U.S.. lOOrt. Chap. 31. Penny Banks. winding-up of bank. Continua- tion of. and determine as therein provided, if within the period of sixty days from the time when under such section such liability would determine, proceedings are taken for the winding-up of the bank. 2. In such case the liability of such member, or of his legal representatives, shall continue, and he or they shall be liable to contribute, and shall contribute, to the assets of the bank such amount, not exceeding the amount of such unpaid sub- scription, as may be required to provide for payment of the debts and liabilities of the bank to depositors and others, and for the payment of the costs, charges and expenses of winding- up the bank, and for the adjustment of the rights of the con- tributories amongst themselves. 3 E. VII., c. 47, s. 19. Workers' associations. Powers. 22. The board may, from time to time, by by-law, constitute and organize one or more associations of voluntary workers in connection with the carrying on and administration of the busi- ness of the bank, and may define the powers and duties of such associations, and prescribe the number of directors to be elected by such associations, and the manner of election, and the filling of vacancies, and such other details in connection with such associations, and the organization and working thereof, as may be deemed expedient. 2. When and so soon as such powers and duties shall have been prescribed the said associations shall be entitled to and have the right and authority to elect such number of directors as may be prescribed. 3 E. VII., c. 47, s. 20. Bank may receive de- posits. Maximum. Rate of interest. 23. The bank may receive deposits of money on such terms as the board or the by-laws of the bank prescribe, and such deposits may be received from any person of whatever age, status or condition of life, and whether such person is qualified by law to enter into contracts or not. 2. ~Eo deposit shall be received which would make the amount at the credit of the account in respect of which the deposit is offered exceed three hundred dollars, and not more than one account shall be kept with the same depositor, and in no case shall interest be paid or allowed to depositors in the bank in excess of the current rate paid to depositors in the Government savings banks or in the Post Office savings banks. 3 E. VII., c. 47, s. 21. Certain pay- ments valid. 24. Any payment of the whole or part of any deposit or of any interest thereon, not exceding one hundred dollars, made in good faith and in accordance with the by-laws of the bank, shall discharge the bank from any claim by any person whom- soever in respect of the deposit or interest so paid, notwith- standing that the person making the deposit may have died, or become insane, or become otherwise incapacitated, and that there is or is not a person qualified to represent such person, or 400 that R.S., 1906. Penny Banks. Chap. 31. 7 that such person cannot be found, or that some person other than the person to whom such payment is made may claim to be or be entitled to such deposit or interest. 2. Upon the book or other paper given to the depositor re- Copy of presenting the deposit, or in or on which the deposit is entered, subsectlon - there shall be a printed copy of the last preceding subsection. 3 E. VII., c. 47, s. 22. 25. The bank may of the moneys received on deposit by it Bank may hold for the purpose of paying withdrawals such amount as °\ c ^ of the directors determine, not exceeding the sum of five per deposit, centum of the total amount of deposits in the bank. 2. All moneys received on deposit and on hand at any time Deposits in excess of such amount shall be deposited by the bank in a where - Government savings bank or in a post office savings bank to the credit of the bank. 3. Interest on the amounts from time to time at the credit Interest pay- of the bank in the said Government savings bank or post office ernment G ° V savings bank shall be allowed and credited half-yearly to the account of the bank at a rate to be from time to time fixed and determined by the Minister of Finance, such rate not to exceed one-half of one per centum in advance of the rate then payable to depositors in the said Government savings bank or post office savings bank. 3 E. VII., c. 47. s. 23. 26. The board may withdraw from the account of the bank Exceptional in the Government savings bank, or in the post office savings wl rawa ' bank, and apply towards payment of the working expenses or for the purpose of augmenting the guarantee fund of the bank such portion of the interest credited to the account of the bank, as in the last preceding section provided, as represents the excess of the interest so credited over the interest paid or allowed by the bank to depositors therein. 2. Except as aforesaid the moneys so at credit of the bank in Withdrawal the Government savings bank or in the post office savings bank g enera "y- shall be withdrawn by the bank only for the purpose of the payment of withdrawals by depositors in the bank of amounts deposited by them, and interest thereon, and shall be used and applied by the bank only for such purpose. 3 E. VII., c. 47, s. 24. 27. The bank shall not, — Powers. (a) issue any bank note or note intended to circulate as Bank noteg , money or as a substitute for money ; (b) deal in, discount or lend money or make advances upon, Loans, the security of bills of exchange or promissory notes; (c) except as hereinafter provided, acquire any real estate ; Real estate. (d) invest, lend or dispose of any moneys received by it ; Investments, nor, (e) except as especially provided in this Act, engage or be Trade or engaged in any trade or business. 3 E. VII., c. 47, s. ^5. " siness 26 401 28. R.S., 1906. Chap. 31. Penny Banks. Assuming work of existing association. Discharge such case. Disposition of assets of associations. Conversion into cash. Deposit during meantime. Liability of Minister. 28. The bank may acquire the assets and assume the lia- bilities of- any existing savings association for benevolent pur- poses and may take up and carry on the work of such associa- tion, and the corporation or persons holding the deposits or assets thereof may transfer and hand over the same to the hank in pursuance of any agreement which may be entered into respecting the acquisition thereof. 2. Upon such transfer being made the transferrers shall, '> the extent of the assets and deposits so transferred, be dis- charged from all liability in respect of the said deposits and assets, and such liability shall thereafter be assumed by the bank. 3 E. VII., c. 47, s. 26. 29. The bank shall, with as little delay as possible, but within one year after such transfer as aforesaid takes effect, convert into cash and deposit in a government savings bank or in a post office savings bank in its own name so much of the said assets as shall be equal to the amount of deposits in the association so acquired and interest thereon, and the remaining portion of such assets shall be appropriated towards the work- ing expenses of the bank, or shall become a part of the guarantee fund of the bank, as the directors may determine, or as may be specified in the agreement of transfer. 2. If any portion of such assets, becoming a part of the guarantee fund, be invested in any security not authorized by this Act for investments of the guarantee fund such portion shall as quickly as possible be converted into cash and invested as prescribed by this Act. 3 E. VII., c. 47, s. 26. 30. Until the portion of such assets which consists of secur- ities is converted into cash, such securities shall be deposited with the Minister of Finance pending the realization thereof into cash as aforesaid. 2. The Minister shall not incur any liability or responsibility in respect thereof, or in connection with any sale thereof. 3 E. VII., c. 47, s. 26. Guarantee fund by the bank. The fund. Moneys and securities. GUARANTEE FUND. 31. A guarantee fund shall be established and maintained by the bank for the purpose of securing the repayment of the deposits made in the bank and interest thereon, and the payment of all other debts and liabilities of the bank incurred in the management of the business thereof, in the event of the funds in the hands of the board for the purpose of paying such deposits, interest, and other debts and liabilities, being insufficient to pay the same, or in the event of the bank being wound up. 3 E. VII., c. 47, s. 27. 32. The said fund shall consist of, — (a) all moneys and securities received by' or paid to the bank, other than deposits and interest thereon, and other 402 than R.S., 1906. Penny Banks. Chap. 31. 9 than moneys specifically appropriated by this Act, or by the person from whom they are received, for the working expenses of the bank or for any other purpose in connection with the bank other than the guarantee fund ; (b) securities and investments in which the bank is by this Investments. Act authorized to invest the moneys of the fund ; (c) the unpaid amounts of all subscriptions to the said fund Subscrip- under an agreement of guarantee in the form in the sche- tlons - dule to this Act, or an agreement to the like effect. 2. The bank may accept and receive all bequests and gifts to Bequests and the said fund, and all bequests and gifts for the working ex- gl t3- penses of the bank and for any other object or purpose in con- nection with the bank. 3 E. VII., c. 47, s. 28. 33. The bank may invest the moneys of the guarantee fund Investments, in, or lend such moneys upon, — (a) annuities, bonds, debentures, stocks or other securities Government of the Government of the Dominion of Canada, or of any secunties - of the provinces of Canada ; (b ) bonds or debentures of any municipal corporation of Municipal any city or town in Canada having, according to the last preceding government official census, a population exceed- ing ten thousand inhabitants, or of the municipal corpora- tion of any county or township in any province of Canada having, according to such census, a population of over twenty thousand inhabitants ; ( c) shares in the capital stock of any incorporated trust Shares of company doing business in Canada having, according to nances 00 " 1 " its last preceding annual statement submitted to its share- holders, a reserve fund or rest amounting to at least twenty per centum of its capital, and having its stock mar- ketable above par; (d) the bonds or debentures secured by mortgage of any Debentures telegraph company, telephone company, electric lighting of othe . r company, gas company, hydraulic or electric power com- pany, electric street railway company, or electric or steam railway company, incorporated under the laws of the Dominion of Canada, or of any province thereof, or of the late province of Canada, or of Upper Canada or Lower ( lanada, or of the provinces of New Brunswick, Nova Scotia, British Columbia or Prince Edward Island before confederation, or of the United Kingdom, or of the United States, or any state thereof, if the gross income of such company, according to its last preceding annual statement submitted to its shareholders, is at least five hundred thousand dollars per annum, and if such com- pany has paid regular dividends upon its ordinary or its preferred stock for the next preceding two years: (e) any securities upon which trustees are by the laws of Approved the province in which the head office of the bank is situate securities. authorized to invest trust moneys; 264 403 (f) R.S., 1906. 10 Chap. 31. Penny Banks. Real estate. Sale of same, (f) such freehold or leasehold real estate, movable and im- movable property, as is required for the actual use and occupation of the bank and for the management of its business. 2. The bank may sell and dispose of any such real estate, movable or immovable property. 3 E. VII., c. 47, s. 29. Amount of fund. 34. The guarantee fund shall be deemed to be established and to be maintained when and so long as it amounts to the sum of at least ten thousand dollars in any or all of the fol- lowing : — Cash. ( a ) Cash; Securities. (b) Securities authorized by the last preceding section, taken at their market value, other than such freehold or leasehold real estate, movable and immovable property, a9 is required for the actual use and occupation of the bank and for the management of its business ; Subscription. (c) Unpaid subscriptions, if the payment, when required, of such amount thereof as will make, with cash and securi- ties as hereinbefore provided, the guarantee fund amount to not less than ten thousand dollars, is secured and guaranteed by the bond of a company authorized to transact in Canada the business of a guarantee company and authorized to give such bond. 3 E. VII., c. 47, s. 30. Winding-up bank not maintaining fund. Exception. 35. Should the bank fail for six consecutive months to maintain such fund within the meaning of this Act, the bank shall cease to receive deposits and shall be wound up : Pro- vided that the Treasury Board may, on the application of the bank made before the expiration of that period, grant an ex- tension thereof for a further period not exceeding six months. 3 E. VII., c. 47, s. 31. Disposal of fund and properties the bank. 36. The moneys received on account or in respect of the of guarantee fund, or arising by way of interest from invest- ment thereof, and all real estate or other property held by the bank and the proceeds thereof, shall be and remain the pro- perty of the bank and may, subject to the provisions of this Act in regard thereto being fully observed and complied with, be disposed of and dealt with by the bank as the Board deter- mines. 3 E. VII., c. 47, s. 32. STATEMENTS. Statements 37. The bank shall transmit to the Minister of Finance mitted^to 18 ' statements showing the condition and business of the bank on Minister of the last juridical day in the months of June and December in Finance. ^^ vearj verified by the oath of the president, or of one of the vice-presidents of the bank, or of the chairman of the board, and of the manager or other chief officer of the bank. 404 2. E.S., 1906. Penny Banks. Chap. 31. 11 2. To every such statement shall be annexed a certificate To be certi- from a chartered accountant that he has examined and audited chartered the books of the bank and that he finds that such statement is accountant, a true statement of the affairs of the bank at the date named therein. 3 E. VII., c. 47, s. 33. 38. Such statements shall show, — To show. (a) the amount due depositors in the bank; Deposits. (b) the amount of the guarantee fund and the nature of the Guarantee investments thereof; fund - (c) the unpaid subscriptions and the amount thereof se- Unpaid sub- cured by a bond of a guarantee company distinguishing scnption. the class of securities and the amount of each class ; (d) all other assets and liabilities of the bank ; and, Assets. (e) any other information as to the nature and extent of the Other infor- business of the bank and in such detail as the Minister of matlon - Finance from time to time requires. 2. The bank shall in no case be bound to disclose the name Secrecy. or personal affairs of any person having dealings with the bank. 3 E. VII., c. 47, s. 34. 39. The Minister of Finance may call for a special return Special from the bank in such form as he may determine at any time returus - when in his judgment it is necessary or expedient. 3 E. VII., c. 47, s. 35. OFFENCES AND PENALTIES. 40. Every president, vice-president, director, manager or Wrongfully other officer of the bank who wilfully disposes of or concurs in disposing pi t • r • -i -i i * i ■ moneys of disposing oi any moneys received by the bank, in a way not bank. authorized by this Act for the disposition thereof, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years. 3 E. VII., c. 47, s. 37. 41. Every person making any wilfully false or deceptive False state- statement in any account, statement, return, report, certificate ment re " or other document respecting the affairs of the bank, is guilty affairs of of an indictable offence punishable by imprisonment for a term bank ' not exceeding five years, unless under some other Act or law the particular offence committed is punishable with imprison- ment for a longer term. 2. Every president, vice-president, director, auditor, mana- Making ger or other. officer of the bank, and every chartered accountant, deemed ° , . - J . . - wilful. who prepares, signs, approves of. or concurs in such account, statement, return, report, certificate or document, containing such false or deceptive statement, or uses any such account. statement, return, report, certificate or document with intent to deceive or mislead any person, shall be deemed to have wilfully made .such false statement. 3 E. VII., c. 47, s. 38. 42. Every president, vice-president, director, auditor, mana- Punishment. ger or other officer of the bank, and every chartered accountanl 405 who R.S., 1906. 12 Damages. Chap. 31. Penny Banks. Sch. who prepares, signs, approves of, or concurs in such account, statement, return, report, certificate or document, or uses any such account, statement, return, report ^certificate or document with intent to deceive or mislead any person, and every presi- dent, vice-president, director, manager or other officer of the bank, who wilfully disposes of or concurs in disposing of any moneys received by the bank in a way not authorized by this Act for the disposition thereof, shall, in addition to the punish- ment provided by this Act for such offence, be responsible for all damages sustained by any person in consequence of such act on his part. 3 E. VII., c. 47, ss. 37 and 38. SCHEDULE. GUARANTEE FUND. Subscribers' Agreement. We, the undersigned, do hereby respectively become sub- scribers to the Guarantee Fund of (name of bank) incorporated under the Penny Bank Act, to the respective amounts set opposite our respective signatures hereto, and we do hereby respectively agree with the said bank to pay from time to time such calls as may be made upon us respectively under the pro- visions of said Act, but not exceeding in all the respective amounts of our said subscriptions. Signatures. Addresses. Amounts. . Xote. — Subscriptions to the Guarantee Fund may be made upon one or more papers in the above form. 3 E. VII., c. 47, sch. OTTAWA: Printed by Samuel Edward Dawson, Law Printer to the Kind's most Excellent Majesty. 406 U.S., 1906. CHAPTER 32. An Act respecting certain Savings Banks in the Province of Quebec. SHORT TITLE. 1. This Act may be cited as the Quebec Savings Banks Act. Short title. INTERPRETATION. 2. In this Act, unless the context otherwise requires, — Definitions. (a) ' bank ' means either of the savings banks to which this Act applies; (b) ' Minister ' means the Minister of Finance. 53 V., c. 32, ss. 1, 31 and 33. CHARTERS. 3. It 'shall be a condition of the rights and privileges con- Statutes of ferred by this Act or by any Act in amendment thereof, that Jj™ 1 ^! 0118 the liability of the bank under any law, custom or agreement to scription repay moneys deposited with it and interest if any and to pay ™ favour^of dividends declared and payable on its capital stock, shall con- banks, tinue notwithstanding any statute of limitations or any enact- ment or law relating to prescription and that this condition shall apply to moneys heretofore or hereafter deposited and to dividends heretofore or hereafter declared. 53 V., c. 32, s. 33. 4. The charters of the Montreal City and District Savings Charters Bank and of La Caisse d'Economie de Notre-Dame de Quebec, unde^certain are hereby continued and shall remain in force until the firsl conditions, day of July in the year one thousand nine hundred and eleven, except in so far as they, or either of them, are or become for- - feitcd or void under the terms thereof, or of this Act, or of any other Ah heretofore or hereafter passed relating to the said savings 1 tanks by non-performance of the conditions of such charters or Acts respectively, or by insolvency, or other? 63-64 V., c. 28, s. 1. BANK MEETINGS. 5. Public notice shall be given by the directors of the bank Notice of of the holding of annual or other meetings by publishing the mee m28 ' same for at least four weeks in a newspaper at the place where the head office of the bank is situate; and such notice shall be 407 given R.S., 1906. Chap. 32. Quebec Savings Banks. given in both the English and French languages. 53 V., c. 32, s. 3. Votes on shares. 6. At all meetings of the bank, every shareholder shall be entitled to one vote for each share then held by him which he shall have held for at least three months before the time of vot- ing. 53 V., c. 32, s. 4. Proxy. Officers not to vote. 7. Shareholders may vote by proxy, but no person but a shareholder shall vote or act as such proxy. 53 V., c. 32, s. 4. 8. No cashier, clerk or other officer of the bank, shall vote either in person or by proxy, or hold a proxy for that purpose. 53 V., c. 32, s. 4. Qualifica- tion and election of directors. Insolvency. Absence. Crime. Vacancy. Failure to elect direc- tors. Procedure. Interim powers. Calls on stock. Investment of. Limitation. DIRECTOKS. 9. The directors shall be elected annually at a general meet- ing of the shareholders and shall be eligible for re-election ; but no person shall be elected a director unless he is a shareholder, at the time of such election, of twenty-five shares of stock. 53 V., c. 32, s. 4. 10. Every director of the bank who becomes insolvent, or assigns his estate and effects for the benefit of his creditors, or absents himself, without the consent of the board, for twelve consecutive months from the meetings of the directors, or is convicted of any indictable offence, shall thereupon, ipso facto, cease to be a director, and the vacancy so created shall forth- with be filled up in the manner provided by the charter. 53 V., c. 32, s. 4. 11. jSTo failure to elect directors of the bank shall operate a dissolution of the corporation, but in case of such failure the required election shall be made as soon thereafter as possible at a special general meeting of the shareholders called for that purpose; and until such subsequent election takes place, the official acts of the directors holding office shall be valid, and such directors shall call the said special general meeting. 53 V., c. 32, s. 5. CALLS. 12. Whenever it is, in the opinion of the directors, neces- sary or expedient, they may make calls at intervals of not less than three months on the stock subscribed for and remaining unpaid, not exceeding five per centum; and all amounts paid upon stock, and all accumulated profits thereon after deduction of dividends as hereinafter provided, shall be invested or lent in the manner hereinafter provided for the investment or loan of moneys deposited with the bank : Provided that such limitation of the amount of any call, or of the intervals at which calls may 408 be E.S.,1906. Quebec Savings Banks. Chap. 32. 3 . be made, shall not apply to calls in case of a deficiency of the funds of the bank to meet the claims of depositors and other liabilities. 53 V., c. 32, s. 6. 13* The amount of every such call, if not paid when due, Recovery of may be recovered with interest by the directors, in the name of c the bank, in any court having jurisdiction to such amount ; and in any action for the recovery thereof it shall be sufficient to allege and prove the charter, and that the calls were made under this Act, and that the defendant is the holder of a share or shares in respect of which the amount is due without alleg- ing or proving any other matter or thing whatsoever; and any copy of the charter, purporting to be certified as a true copy Proof, thereof by the Secretary of State of Canada, shall be deemed authentic and shall be prima facie evidence of the charter and of its contents thereof. 53 V., c. 32, s. 7. 14. In the event of the funds of the bank in money and Voluntary assets immediately convertible into money becoming insufficient to satisfy its debts and liabilities, the directors shall make calls on the unpaid stock to the full amount not paid thereon or to such less amount as they deem necessary to pay all such debts and liabilities without waiting for the collection of any debts due to the bank or the sale of any of its assets or property ; and Inability of each shareholder, until the whole amount of his stock has been holder. paid up, shall be individually liable for any such insufficiency to an amount equal to that remaining* unpaid on his said stock but not in excess of such amount so unpaid. 53 V., c. 32, s. 8. 15. In case of such insufficiency the first call shall be made First call, within ten days after such insufficiency is ascertained and thereafter calls shall be made at intervals of thirty days and upon notice given at least thirty days prior to the day on which the call is payable. 53 V., c. 32, s. 8. 16. No such call shall exceed twenty per centum on each Amount, share, and payment thereof may be enforced in the manner hereinbefore provided as to calls on unpaid-up stock. 53 V., c. 32, s. 8. 17. Failure on the part of any shareholder liable to such Effect of call to pay the same when due shall operate as a forfeiture by p a a y U such shareholder of all claim in or to any part of the assets of the bank ; but such call and any further call on the unpaid stock of such shareholder made thereafter shall nevertheless be recoverable from him as if no such forfeiture had been in- curred. 53 V., c. 32, s. 8. 18. Persons who have been shareholders of any stock shall. Liability in case of the failure of the bank to meet the claims of its credi- f eT e [ n H™' tors on demand, be liable to calls on all stock transferred by tain cases. 100 them R.S.,1906. 4 Chap. 32. Quebec Savi?igs Banks. them within two months of the commencement of such failure, to the same extent as if such stock had not been transferred by them, saving their recourse for the amount of such calls against the transferees of such stock. 53 V., c. 32, s. 9. DIVIDENDS. Dividends. 19. The directors of the bank shall make half-yearly divid- ends of so much of the profits of the bank as to the majority of them seems advisable, and as is not inconsistent with the pro- visions of this Act : and they shall give public notice for at Notice. least thirty days, in the manner in this Act provided for notices of meetings, of the time and place where such dividends will be paid. 53 V., c. 32, s. 10. TRANSFER OF SHARES AND DErOSITS. Transfer o£ 20. The shares in the bank shall be transferable in the manner provided by the by-laws and regulations made as prescribed by the charter; and the transferee shall have the rights and shall be subject to the liabilities of the original holder. 53 V., c. 32, s. 11. Joint holders 21. Xo share shall be divided, and if any share is held by of shares. seV eral persons jointly, one of them shall be appointed by letter of attorney by the others* to vote thereon, to receive dividends and to do all things that require to be done in respect thereof; and such letter of attorney shall be lodged with the bank. 53 V., c. 32, s. 11. Transmission 22. If the interest in any deposit or share in the bank be- or shares 13 comes transmitted in consequence of the death or insolvency otherwise of any depositor or shareholder, or in consequence of the mar- transfer, riage of a female depositor or shareholder, or by any other law- ful means than by a transfer upon the books of the bank, or by deed served upon the bank, such transmission shall Declaration, be authenticated by a declaration in writing, which shall distinctly state the manner in which and the person to whom such deposit or share has been transmitted, and shall be, by such person, made and signed. How sworn. 2. Every such declaration shall be, by the person making and signing the same, sworn to before a judge or justice of a court of record or chief magistrate of a city, town, borough or other place, or before a notary public, and left with the man- ager, agent or other officer of the bank who shall, if corrobora- tive evidence of any facts alleged in such declaration is not Entry. required as hereinafter authorized, thereupon enter the name of the person, so shown to be entitled to such deposit or share under such transmission as proprietor thereof in the books of the bank. 410 3. R.S., 1906. Quebec Savings Banks. Chap. 32. 5 3. Until such transmission is so authenticated, no person claiming' by virtue of any such transmission shall be entitled to receive such deposit or share, or any part thereof, or any interest or dividend thereon. 53 V., c. 32, s. 12. 23. Every declaration and instrument required to perfect Authenti- the transmission of a deposit or share in the bank, made in any cation in other country than Canada or some other of the British colonies country, or the United Kingdom of Great Britain and Ireland, shall be further authenticated by the British consul or vice-consul, or other accredited representative of the British Government in the country where the declaration is made, or shall be made directly before such British consul or vice-consul, or other accredited representative. 53 V., c. 32, s. 12. 24. JSTothing in this Act contained shall prevent the direc- Further evi- tors, manager or other officer or agent of the bank from requir- dence may ° o i kg rcQuir6u. ing corroborative evidence of any facts alleged in any such declaration. 53 V., c. 32, s. 12. '* 25. If payment is made to any depositor of any deposit or Corrobor- of any interest thereon, or of any dividend on any share, after ^ l ™ ev1 ' transmission thereof by any of the means mentioned in this Act, but before such declaration is made and authenticated as aforesaid and left with the manager, agent or other officer of the bank, .such payment shall be valid and shall discharge the bank. 53 V., c. 32, s. 12. 26. If the transmission of any deposit or share is by virtue Transmission of the marriage of a female depositor or shareholder, the decla- °y marriage, ration shall be accompanied by a copy of the register of such marriage, and shall declare the identity of the wife with the holder of such deposit or share; and if the transmission has taken place by virtue of any testamentary instrument or by By testa- intestacy, or by the vacancy of the estate of a deceased depositor ™p nt or mtes " or shareholder, the probate of the will, or, if it is no! a rial, an vacancy of authentic copy thereof, or the letters of administration, or act wrtate- of tutorship or curatorship, or authentic certificates of birth, as the case may be, shall, together with such declaration, be pro- duced and left with the manager, agent or other officer of the bank, who shall thereupon enter the name of the person entitled under such transmission in the books of the bank. 53 V., c. 32, s. 13. DEPOSITS AND LOANS. £ J.I.- 1 £i- _ may 27. The bank may receive deposits of money for the benefil Bank _ of persons depositing the same, and may invest the -aim' ;i~ here- receive de- *• i o */ posits unci inafter provided, and may accumulate the revenues and profits pay interest, derived from the investment of so much thereof as is not re quired to meet ordinary demands by the depositors, and <>ut of such accumulation may allow and pay to the depositors thereof such rate of interest on such deposits as is from time to time 411 fixed R.S., 1906. Chap. 32. Quebec Savings Banks. Deposits by persons under dis- ability. Limitation. Payments in good faith. fixed by the Governor in Council, not being more than five per centum per annum. 53 V., c. 32. s. 1-i. Depositor to 28. Every depositor, on making his first deposit in the bank, and address, shall disclose and declare his name, residence, addition and occupation. 53 V., c. 32, s. 15. 29. The bank may receive deposits from any person what- ever, and whether such person is qualified by law to enter into ordinary contracts or not; and the bank may pay the principal or any part thereof, and the whole or any part of the interest thereon, to such person, without the authority, aid, assistance or intervention of any person or official being required : Pro- vided that, if the person making any deposit in the bank is not, by the laws of the province of Quebec, authorized so to do, the total amount of deposits made by such person shall not exceed the sum of two thousand dollars. 53 V., c. 32, s. 16. 30. Any payment of interest or dividend, or of the whole or any part of any deposit, made in good faith to any person who appears prima facie to be entitled to such interest, dividend or deposit, by the production of a declaration in writing, and of the documents in this Act required in support thereof shall be valid; and the discharge of such person shall be a sufficient discharge of the bank from all or any further claim by any person whatever for such interest, dividend or deposit. 53 V., c. 32, s. 17. 31. The bank shall always hold at least twenty per centum of the moneys deposited with it, — (a) in public securities of the Dominion of Canada, or of any of the provinces thereof, or of the United Kingdom, or of any British colony or possession, or of the United States, or of any state thereof; or, (b) in deposits in chartered banks in Canada; or, (c) in Canadian municipal bonds or securities; or, (d) in school bonds or debentures issued in the province of Quebec, if they are secured by the school municipality in which the schools arc situate; or, (e) in any other securitv approved by the Treasury Board. 63-64 V., c. 28, s. 2. 32. The bank may, subject to the requirements of this Act, invest any moneys deposited with it, — (a) in any of the securities mentioned in the next preceding section ; or, (b) in the purchase of bonds or debentures of any building society, loan or investment company, water-works com- pany, gas company, street railway company, electric light or power company, electric railway or street railway com- pany, telegraph or telephone company, water-power com- 412 pany, Discharge. Investments. Securities. Deposits. Bonds. Debentures. Approved securities. Investment of deposits. Securities. Bonds. R.S., 1906 Quebec Savings Banks. Chap. 32. pany, navigation company, or beat and light company : Provided such society or company is incorporated in Canada and has a paid-up capital of at least five hundred thousand dollars; or, (c) in the purchase of the bonds or debentures of any tele- Debentures, graph cable company having a paid-up capital of at least five hundred thousand dollars. 63-64 V., c. 28, s. 2. 33. The bank may continue to hold any stock of any exist- Stocks of ing chartered bank held by it before it received its charter, and may sell and dispose of such stock. 63-64 V., c. 28, s. 2 banks. 34. The bank may lend any of such moneys upon the per- Loans with sonal security of individuals or to corporate bodies, if, security! in addition to such personal or corporate security, collateral securities of the nature aforesaid, or foreign public securities. or stock of some chartered bank in Canada, or bonds or debentures or stock of an incorporated institution or company, the market value whereof is not less than the amount lent, are taken, with authority to sell such securities if the loan is not paid. 63-64 V., c. 28, s. 2. 35. The bank may lend any of such monevs without col- Loans , , t without lateral security, — collateral (a) to the Government of Canada, or to the government of security, any province of Canada ; (b) to the corporation of any municipality in Canada with a population of at least tvo thousand inhabitants; (c) to any fabrique de paroisse, or to syndics pour V erection d'eglises, specially authorized by Act of the Legislature of Quebec to issue bonds binding on the taxable property of the parish ; or, (d) upon a resolution of their respective boards of directors, to incorporated companies, or incorporated institutions, within the limits of their borrowing powers, and not exceeding in any case their paid-up capital, if such company or institution has a paid-up capital of not less than five hundred thousand dollars, and has paid continu- ously for the previous five years a dividend at the rate of at least five per centum per annum. 63-64 V., c. 28, s. 2. 36. The bank shall not make any loan, directly or indi- Loans not rectly, upon the security of real or immovable property, or *° r e 2 a i made with any reference to the security of real or immovable pro- estate, perty; but nothing herein contained shrill prevent the bank from taking security upon real or immovable property subse- quently to the making of the Loan and in addition to the secur- ity originally taken therefor and as collateral thereto. 53 V., c* 32, s. 21. 413 37. R.S., 1906. Chap. 32. Quebec Savings Banks. Enforcement of payment by 6a le of collateral securitv. Surplus. 37. In the event of the non-payment of any loan within thirty days after sneh loan becomes due and payable, or with- in such shorter time thereafter as shall have been fixed by any agreement made in that behalf between the bank and the bor- rower at the time such loan is contracted, the bank may sell in manner herein provided any collateral securities, other than real estate, held by it as security for such loan, or so much as will suffice to pay the amount of such loan and all interest thereon and the costs and expenses of sale, and shall return the surplus, if any, to the borrower, or person or corporation depositing such securities. 53 V., c. 32, s. 22. Rale to be by auction. Notice by advertise- ment and letter. 38. Excepl as hereinafter provided, no such sale shall be made excepl by public auction, after notice thereof by adver- tisement stating the time and place of such sale, in at least two newspapers published in or nearest to the place where the sale is to be made, of which newspapers one at least shall be pub- lished in the English language and one other in the French language; and in addition to such notice by advertisement, notice of the time and place of such sale shall be given to the person or corporation depositing such collateral security, by addressing and mailing to the last address of such person, or to the address of such corporation, a letter containing such notice. 53 V.. c. 32, s. 22. Other re- course not affected. 39. Nothing herein contained snail prevent the bank from collecting or realizing such loan, or any balance due thereon, out of such collateral securities, in any way. which has been agreed upon with the person depositing the same. 53 V., c. 32, s. 22. Transfer to be without warranty. Bank the purchaser. 40. The president or vice-president, manager, cashier or other officer of the bank, thereunto authorized by the directors, may transfer and convey any security so sold to the purchaser, and by such transfer and conveyance the property in such security shall become vested in such purchaser, but without any warranty from the bank, or any officer thereof. 2. The bank at any such sale may become the purchaser of any of the securities held by it. 53 V., c. 32, s. 22. Purchase of 41. The hank may purchase any lands or immovable pro- brought to perty offered for sale under execution at the suit of the bank, sale by bank. or OX posed for sale by the bank under a power of sale given to it in that behalf in all cases in which, under similar circum- stances, an individual could so purchase, without any restric- tion as to the value of the property which it may so purchase, and shall acquire such title thereto, as any individual purchas- ing at sheriff's sale or under a power of sale, in like circunv stances, could do, and may take, have, hold and dispose of any such lands or property at pleasure. 53 V., c. 32, s. 23. 414 42. U.S., 1906. Quebec Savings Banks. Chap. 32. 9 42. The bank may acquire and hold an absolute title in or Absolute to land mortgaged to it as security for a debt due or owing to title * it, either by obtaining a release of the equity of redemption in the mortgaged property, or by procuring a foreclosure, or by other means whereby, as between individuals, an equity of re- demption can, by law, be barred, or may purchase and acquire any prior mortgage or charge on such land : Provided For seven that the bank shall not hold any real or immovable property, >ea howsoever acquired, except such as is required for its own use for any period exceeding seven years from the date of the ac- quisition thereof. 53 V., c. 32, s. 21. 43. Nothing in any charter, Act or law shall be construed as Right to having prevented or as preventing the bank from acquiring and absolute title holding an absolute title to and in any such mortgaged lands, f sale. whatever the value thereof may be, or from exercising or acting upon any power of sale contained in any mortgage given to it or held by it, authorizing or enabling it to sell or convey away any lands so mortgaged. 53 V., c. 32, s. 25. 44. Nothing herein contained shall prevent the bank from Deposits in depositing money in any of the chartered banks carrying on the chartered general business of banking within the province of Quebec. 53 V., c. 32, s. 26. GEXEEAL. 45. The directors of the bank shall continue to distribute to Distribution charitable institutions yearly, as heretofore, the interest accru- \° charitable ing on the amounts invested for that purpose. 53 Y.. c. 32, s. 27. 46. The principal of the Poor Fund of the City and District Poor fund of Savings Bank of Montreal, which has been ascertained and MontreaI - settled at one hundred and eighty thousand dollars, shall con- tinue invested and shall be held by the said bank in the city and municipal debentures in which the same is now invested and held, with power to change the investment of the same or of any part thereof, from time to time, with the approval and permis- sion of the Treasury Board, but not otherwise. 53 V., c. 32, s. 27. 47. The principal of the Charity Fund of La Caisse d'Eco- Charitv fund nomie de Notre-Dame de Quebec, which has been ascertai7ied of Q uebec - and settled at eighty-three thousand dollars, shall continue in- vested and shall be held by the said bank, in debentures of the city of Quebec, with power to change the investment of the same or of any part thereof, from time to time, with the approval and permission of the Treasurv Board, but not otherwise. •">•"> \ ., c. 32, s. 27. 415 48. R.S., 1906. 10 Chap. 32. Quebec Savings Banks. Guarantee 48. The shareholders may authorize the directors to estab- funds PenSi ° n ^ s ^ guarantee and pension funds for the officers and employees of the bank and their families, and to contribute thereto out of the funds of the bank. 53 V., c. 32, s. 28. Bank not to issue notes. Bank not bound by trusts. 49. The bank shall not issue any bank note, or note intended to circulate as money or as a substitute for money, or be deemed a bank within the meaning of the Bank Act. 53 V., c. 32, s. 29. 50. The bank shall not be bound to see to the execution of any trust, whether express, implied or constructive, to which any deposit or share therein is subject. 2. The receipt of the person in whose name any such deposit or share stands in the books of the bank, or, if it stands in the names of more persons than one, the receipt of one of the per- sons, shall be a sufficient discharge to the bank for such deposit or share, interest or dividend thereon, or for any other sum of money payable in respect of such deposit or share, unless express notice to the contrary has been given to the bank. 53 V., c. 32, s. 30. Deposit 51. If such deposit is made upon express conditions as to eTpr^s^con- * ne person or persons to whom such deposit shall be paid, such dition. deposit shall be governed by such conditions, notwithstanding any trust to which such deposit is then subject, and whether or not the bank has had notice of such trust; and the bank shall Application not be bound to see to the application of the money paid on any of money receipt whether given by one of a number of persons in whose name any deposit or share stands or by all of them. 53 V., c. 32, s. 30. Monthly returns to Minister. Publication. RETURNS. 52. Monthly returns shall be made, by the bank, to the Min- ister, and shall be made up within the first ten days of each month, and shall exhibit the condition of the bank on the last juridical day of the month next preceding; and such monthly returns shall be signed by the president or vice-president, or the director then acting as president, and by the manager, cashier or other principal officer of the bank at its chief place of busi- ness, and shall be published in the Canada Gazette. 2. Such monthly returns shall be in the form set forth in the schedule to this Act. 53 V., c. 32, s. 31. Annual list 53. The bank shall furnish, annually, to the Minister, to be of share- 1 ti i cl before Parliament, certified lists of the shareholders, with holders tor Parliament, their additions and residences, and the number of shares they respectively hold and the amounts paid up thereon. 53 V., c. 32, s. 32. Return of 54. The bank shall, within twenty days after the close of unpaid eac ] 1 calendar year, transmit or deliver to the Minister, to be dividends. J ' , . _ i . t 416 laid E.S., 1906. Quebec Savings Banks. Chap. 32. 11 laid by him before Parliament, a return of all dividends which Balances un- have remained unpaid for more than five years, and also of all five^ears? 1 " amounts or balances in respect to which no transactions have taken place, or upon which no interest has been paid during the five years prior to the date of such return. 2. In case of moneys deposited for a fixed period, the period Five years of five years in this section referred to shall be reckoned from peno ' the date of the termination of such fixed period. 53 V., c. 32, s. 33. 55. Such return shall be signed in the manner required for Contents of the monthly returns under this Act, and shall set forth the return - name of each shareholder or creditor, his last known address, the amount due, the agency of the bank at which the last trans- action took place, and the date thereof ; and if such shareholder or creditor is known to the bank to be dead, such return shall show the names and addresses of his legal representatives, so far as known to the bank. 53 V., c. 32, s. 33. winding-up. 56. Upon the winding-up of the bank in insolvency or In case of under any general winding-up Act or otherwise, and before u^ck^med the final distribution of the assets, or within three years from moneys to be the commencement of the suspension of payment by the bank Minister. or the commencement of the winding-up thereof, whichever shall first happen, the assignees, liquidators, directors or other officials in charge of such winding-up shall, notwithstanding any statute of limitation, or other enactment or law relating to prescription, pay to the Minister out of the assets of the bank any moneys payable either to shareholders or depositors, which may then remain unclaimed. 2. Upon such payment being made, the bank and its assets Liability of shall be relieved from all further liability in respect to the bank ceases, amount so paid. 53 V., c. 32, s. 33. 57. All moneys paid the Minister as aforesaid shall be held Disposal of by him, subject to all rightful claims on behalf of any person p^°° eys so other than the bank, and in case a claim to any moneys so paid Claims. as aforesaid should be thereafter established to the satisfaction of the Treasury Board, the Governor in Council shall, on the report of the Treasury Board, direct payment thereof to be made to the parties entitled thereto, together with interest on the principal sum thereof at the rate of three per centum per annum for a period not exceeding six years from the date of payment thereof to the Minister as aforesaid : Provided Proviso as to that no such interest shall be paid or payable on such principal sum, unless interest thereon was payable by the bank paying the same to the Minister. 53 V., c. 32, s. 33. 58. Every liquidator or other officer or person appointed Powers of to wind up the affairs of the bank in case of its insolvency, iqu,( 27 417 shall R.S., 1906. 12 Chap. 32. Quebec Savings Banks. shall have all the powers in this Act given to directors with respect to calls. 53 V., c. 32, s. 8. I hanging effeel of books and theft Penalty. Proviso. OFFENCES AND PENALTIES. 59. Every officer, clerk, or servant, who is employed under the provisions of this Act, and who defaces, alters, erases, or in any manner or way whatsoever, changes the effect of the hooks of account kept under the provisions of this Act, or any entry in the said hooks of account, for any fraudulent pur- pose, and every such officer, clerk or servant, who secretes, ap- propriates or steal- any bond, obligation, bill or note, or any security for money, or any money or effects entrusted to him, or in his custody, or to which he has obtained access as such agent, officer, clerk or servant, to whomsoever the said property belongs, is guilty of an indictable offence, and, on conviction thereof, shall be liable to imprisonment for life: Provided that nothing herein contained, nor the conviction or punishment of the offender, shall prevent, lessen or impair any remedy which His Majesty, or the Minister or any other person, would other wise have against any other person whatsoever. 53 Y., c. 32, s. 34. Falsely pre- 60. Every person who, with intent to defraud, falsely pre- o^'X^osits. tends to be the owner of any deposit made under this Act, or of the interest upon such deposit, and who is not such owner, and who demands or claims from the bank with which such deposit has been made, or from any person employed under this Act, the payment of such deposit or interest, or of any portion thereof, as the case may be, and whether he does or does not thereby obtain any part of such deposit or interest, is guilty of an indictable offence and shall be punished accord- ingly. 53 V., c. 32, s. 35. 61. The making of any wilfully false or deceptive state- ment in any account, return, report or other document respect- ing the affairs of the bank is an indictable offence punishable by imprisonment for a term not exceeding five years, and every president, vice-president, director, auditor, manager, cashier or other officer of the bank, who prepares, signs, approves or concur- in any such account, statement, return, report or docu- ment containing such false or deceptive statement, or uses the same with intent to deceive or mislead any person, shall be held to have wilfully made such false statement, and shall further be responsible for all damages sustained by such person in consequence thereof: Provided that nothing in this section shall have the effect of restricting the penalty for any act done, punishable under the Criminal Code. 53 Y., c. 32, s. 36. 62. If the bank neglects to transmit or deliver to the Min- ister the returns required by this Act to be so transmitted or delivered within the time in this Act limited therefor, it shall 418 incur Penalty False state- ments in documents. Neglect of hank to furnish returns. R.S., 1906. I Sch. Quebec Savings Banks. Chap. 32. 13 incur a penalty of fifty dollars for each and every day during Penalty, which such neglect continues. 53 V., c. 32, s. 33. 63. If the bank shall hold any real or immovable property Holding real howsoever acquired, except such as is required for its own use, P ro P ei ;ty . beyond seven for any period exceeding seven years from the date of the ac- years, quisition thereof, it shall incur a penalty not exceeding five hundred dollars, which shall be recoverable with costs in any court of competent jurisdiction by any person who sues for the same, and one-half of such penalty shall be paid to the Minister Penalty, for the public uses of Canada and the other half thereof to the person suing for the same. 53 V., c. 32, s. 24. 64. Every director who refuses to make or enforce or to con- Failure of cur in making or enforcing any call provided for by this Act to dir ^ ctor to be made in case of an insufficiency in the funds of the bank to satisfy its debts and liabilities, is guilty of an indictable offence and shall be personally responsible for any damages suffered by Penalty, reason of such refusal. 53 V., c. 32, s. 8. SCHEDULE. Return of the amount of liabilities and assets of the (name of the bank) on the day of Capital Stock, $ Capital paid up, $ Liabilities. $ cts. 1. Dominion Government deposits, payable on demand 2. Provincial Government deposits, payable on demand 3. Other deposits, payable on demand 4. Dominion Government deposits, payable after notice or on a fixed day 5. Provincial Govcrnnieiil deposits, payable after notice or on a fixed day 6. Other deposits, payable after notice or on a fixed day 7. Special Poor Fund or Charity Fund Trust. . 8. Liabilities not included under the foregoing heads 27i 419 Assets. R.S., 1906, 14 Chap. 32. Quebec Savings Banks. Sch. Assets. $ cts. 1. Dominion, provincial and other public securi- ties 2. Cash in hand and on deposit in chartered banks 3. Canadian municipal bonds or securities, school bonds or debentures, and securities approv- ed by Treasury Board 4. Other bonds, debentures and securities. . . . 5. Loans to governments, municipal corporations, fabriques de paroisses, syndics pour V erec- tion d'eglises and corporations on resolu- tions of their boards of directors 6. Loans for which bank stocks are held as col- lateral security 7. Loans for which stocks, bonds, debentures or securities, other than bank stocks, are held as collateral security 8. Special Poor Fund or Charity Fund invest- ments 9. Investment in bank stock made previous to the incorporation of the bank 10. Bank premises 11. Other assets, not included under the foregoing heads I declare that the above return has been prepared under my directions and is correct according to the books of the bank. E. F., Accountant, (or Inspector). We declare that the foregoing return is made up from the books of the bank, and that it is correct, to the best of our know- ledge and belief, and shows truly and clearly the financial posi- tion of the bank. (Place) this day of A. B., President. C. D., Cashier. 6^-64 V., c. 28, s. 5, and schedule. OTTAWA: Printed by Samuel Edward Dawson, Law Printer to the King's most Excellent Majesty. 420 R.S., 1906. CHAPTER 33. An Act respecting returns by certain persons and corporations receiving moneys on deposit at in- terest. 1* This Act may be cited as the Savings Deposits Returns Short title Act. 2. Every person, corporation or institution, except chartered Every person banks, receiving money in small sums, on deposit at interest as poshTof sav- savings, shall make such returns as to such deposits, and the inffs to make investment thereof, as the Governor in Council, from time to re urns time, requires ; and shall register with the Minister of Finance and notify in such manner as the Governor in Council by order directs, the name of such person, corporation or institution, and that of the officer or person on whom process may be served in any suit or proceeding. R.S., c. 126, s. 1. 3* Every wilful refusal or neglect to obey any order in Penalty in council made under this Act is an indictable offence. U.S., ° au c. 126, s. 1. OTTAWA: Printed by Samuel Edward Dawson, Law Printer to the King's most Excellent Majesty. 421 R.S., 1906. CHAPTER 34. An Act respecting Insurance. SHORT TITLE. 1. This Act may be cited as the Insurance Act. R.S., c. 194, Short title. 1. INTERPRETATION. 2. In this Act, unless the context otherwise requires, — Definitions. (a) 'Minister' means the Minister of Finance; 'Minister.' (b) ' Superintendent ' means the Superintendent of Insur- ' Superin- ance; tendent/ (c) 'company' means and includes any corporation or any 'Company.' society or association, incorporated or unincorporated, or any partnership carrying on the business of insurance; (d) ' Canadian company ' means a company incorporated ' Canadian or legally formed in Canada, for the purpose of carrying on the business of insurance in Canada, and which has its head office therein ; (e) 'agent' means the chief agent of the company in 'Agent.' Canada, named as such in the power of attorney herein- after referred to, by whatever name he is designated ; (f) ' chief agency ' means the principal office or place of ' Cme f F business of the company in Canada; agency. (g) 'inland marine insurance' means marine insurance in 'Inland respect to subjects of insurance at risk upon the waters ™ anne , of Canada, above the harbour of Montreal ; ( h) ' Canadian policy ' or ' policy in Canada,' as regards • Canadian life insurance, means a policy issued by any company Pp"^; 7 . licensed under this Act to transact the business of life Canada.' insurance in Canada, in favour of any person or persons resident in Canada at the time when such policy was issue I : (i) 'Canadian policy' or 'policy in Canada,' as regards 'Canadian fire and inland marine insurance, means a policy of insur- P?, llc : v - .,.„,. ' , ,• Policy in ance on any property within ( anada issued by any com- Canada.' pany licensed under tin's Act to transact the business of fire or inland marine insurance ; (j) ' license ' includes certificate of registration ; ' License.' 423 (h) R.S., 1906. Chap. 34. Insurance. • Policy.' ' President.' ' Secretary.' ' Guarantee insurance.' ' Accident insurance.' ' Plate glass insurance.' ' Steam boiler insurance.' * Inland transporta- tion insur- ance.' ' Sickness insurance: ' Annual statement.' ' Policy- holder in Canada.' ' Policy- holder.' ' Policies.' E.S., 1906. (k) l policy ' includes a certificate of membership relating in any way to life insurance and any other written contract of insurance whether contained in one or more documents; (I) ' president,' as regards a company other than a Canadian company, means and includes the chairman, governor, manager or other principal officer thereof; ( /// ) ' secretary ' means and includes the officer by whom the usual duties of a secretary are performed; (n) ' guarantee insurance ' means the guaranteeing of the fidelity of persons in positions of trust; (o) ' accident insurance ' means insurance against bodily injury and death by accident, including the liability of employers for injuries to persons in their employment; (p) ' plate glass insurance ' means insurance against the breakage of plate or other glass either local or in transit ; (q) i steam boiler insurance ' means insurance against loss or damage to the life, person or property of the insured or of another for which the insured is liable, caused by the explosion of stc ..m boilers ; (r) ' inland transportation insurance ' means insurance against loss or damage to goods, wares, merchandise or property of any kind, including matter transmitted by mail, in transit otherwise than by water, from place to place in Canada ; (s) ' sickness insurance ' means insurance against loss through illness not ending in death, or disability not arising from accident or old age; (t) ' annual statement,' in the case of companies incorporated or legally formed elsewhere than in Canada and licensed under this Act, includes both the statement of the Canada business and of the general business of the company required by this Act to be made ; (u) * policyholder in Canada ' means as respects life insur- ance any person in favour of whom any company licensed under this Act to transact the business of life insurance in Canada has, while such person was resident in Canada, issued a policy ; (v) ' policyholder,' as respects life insurance when used in reference to the person to whom a tender is made by the Minister as hereinafter provided, upon a company which ceases to do business applying for a release of deposits, means the person to whom the policy is issued and with whom the contract for insurance is made and includes the assignee of such person ; (w) in the sections of this Act respecting the valuation of policies of life insurance once in every five years and the action of the Superintendent on such valuation, and respecting the computing or estimating of the reserve necessary to be held in order to cover the liability of com- panies on their policies, the word ' policies ' includes 424 annuity Insurance. Chap. 34. 3 annuity contracts. R.S., c. 124, s. 2; 57-58 V., c. 20, ss. 1 and 11; 58-59 V., c. 20, s. 2; 62-63 V., c. 13, ss. 1 and 2. 3. Nothing in this Act contained shall be deemed to Power of diminish, impair or in any way take away or limit any power jnvestm^by of lending or investing possessed on the eleventh day of August, company in the year one thousand eight hundred and ninety-nine, by any pre company in this Act mentioned or referred to, or to diminish or limit the period during which any such company might, by virtue of its corporate powers possessed on the said eleventh day of August, one thousand eight hundred and ninety-nine, hold any parcel of real estate or any interest therein. 62-63 V., c. 13, ss. 8 and 9. APPLICATION OF ACT. 4. The provisions of this Act shall not apply, — (a) to any company transacting, in Canada, ocean marine Ocean insurance exclusively: or, marine (b) to any policy of life insurance in Canada, issued pre- Policies viously to the twenty-second day of May, in the year one o^^May thousand eight hundred and sixty-eight, by any company isG8. which has not subsequently received a license; or, ( c) to any company incorporated by an Act of the Legisla- Com P ame s ture of the late province of Canada, or by an Act of the vincial Acts, legislature of any province now forming part of Canada, which carries on the business of insurance, wholly within the limits of the province by the legislature of which it was incorporated, and which is within the exclusive con- trol of the legislature of such province; or, (d) to any society or association of persons for fraternal, Societies, benevolent, industrial or religious purposes, among which purposes is the insurance on the assessment system only of the lives of the members thereof exclusively; or, (e) to any association for the purpose of life insurance Associations formed in connection with any society or association and tf n° nn< exclusively from its members, and which insures on the assessment system only the lives of such members exclu- sively; or, (f) to any society or organization exempted under this Exemptions, section by the Treasury Board from the provisions of this Act. 2. Upon its being established to the satisfaction of the Societies for Treasury Board that the occupation of the members of any bene™i cn ° r society or organization of persons for fraternal, benevolent, purposes, industrial or religious purposes, among which purposes is the granting of life, accident, sickness or disability insurance to the members thereof exclusively, is of such a hazardous nature that the members of such society or organization are either 425 whollv R.S., 1906. Chap. 34. Insurance. Part I. Exception. Companies incorporated wholly unable to obtain insurance in the licensed insurance companies or arc able to obtain it onlj to a Limited extent and upon the payment of very high premiums, the Treasury Board may exempt from the provisions of this Act such society or organization or any association for the purpose of life*, accident, sickness or disability insurance, or any one or more of such kinds of insurance, formed in connection with such society or organization and exclusively from its members and which insures such members exclusively. 3. Any company incorporated by an Act of the Legislature by provincial of the late province of Canada or by an Act of the legislature of any province now forming part of Canada, which carries on the business of insurance wholly within the limits of the pro- vince by the legislature of which it was incorporated and which is within the exclusive control of the legislature of such province, may, by leave of the Governor in Council, avail itself of the provisions of this Act on complying with the provisions thereof; and if it so avails itself the provisions of this Act shall thereafter apply to it, and such company shall thereafter have the power of transacting its business of insurance throughout Canada. 4. Any society or association of persons for fraternal, bene- volent, industrial or religious purposes, among which purposes is the insurance on the assessment system only of the lives of the members thereof exclusively, or any association for the purpose of life insurance on such system only formed in connection with any such society or association and exclusively from its members, and which insures the lives of such members exclusively may apply to the Minister to be allowed to avail itself of the provisions of the second Part of this Act, and upon such application being assented to, such society or association shall cease to be exempt from the application of this Act. U.S., c. 124, ss. 3 and 43; 51 V., c. 28, s. 1; 58-59 V., c. 19, s. 1. Societies or associations may avail themselves of the Act. PART I. GENERAL. T?usiness not to be carried on without license. License. 5. 'No company or person, except as hereinafter provided, shall accept any risk or issue any policy of fire or inland marine insurance, or policy of life insurance, or grant any annuity on a life or lives, or receive any premium, or carry on any busi- ness of life or fire or inland marine insurance, in Canada,, or prosecute or maintain any suit, action or proceeding, either at law or in equity, or file any claim in insolvency relating to such business, without first obtaining a license from the Minis- ter to carry on such business in Canada. U.S., c. 124, s. 4. 426 6. R.S., 1906. Part I. Insurance. Chap. 34. 5 6. The Minister, as soon as any company applying for a Deposit for license has deposited in his hands the securities hereinafter ,lcense - mentioned, and has otherwise conformed to the requirements of this Act, shall, subject to the provisions hereinafter con- tained, issue the license. R.S., c. 124, s. 6. 7. Before issuing a license to a company legally formed Name of elsewhere than in Canada, the Minister must be satisfied that com P an y- the corj)orate name of the company is not that of any other known company incorporated or unincorporated, or any name liable to be confounded therewith or otherwise on public grounds objectionable. 58-59 V., c. 20, s. 5. 8. The license shall be in such form as is, from time to time, Form and determined by the Minister, and shall specify the business to duration of be carried on by the company ; and it shall expire on the thirty- first day of March in each year, but shall be renewable from year to year. R.S., c. 124, s. 5. 9. Subject to the right of renewal of licenses granted pre- License not viously to the eleventh day of August, in the year of Our Lord ^ nte< | lor one thousand eight hundred and ninety-nine, a license shall other insur- not be granted to a company to carry on the business of life p ' m //^ . s;mil> insurance in connection with any other branch of insurance. 2. A license may be granted to a company to carry on the f oui . c las declines. make such further deposit as will ensure the market value of all the securities deposited by the company being equal to the amount which it is required by this Act to deposit. 3. On failure by the company to make such further deposii Failure within sixty days after being called upon so to do, the Minister may withdraw its license. U.S., c. 124, s. 8. 15. Any company licensed under this Act may, at any time. Further deposit in the hands of the Minister any further sums of opt^ of money or securities beyond the sum herein required to be company. deposited. 2. Any such further sums of money, or securities therefor, How dealt so deposited in the hands of the Minister, shall be held by him m and be dealt with according to the provisions of this Act in respect to the sum required to be deposited by such company, and as if the same had been part of the sum so required to be deposited. 57-58 V., c. 20, s. 5. 429 16. R.S., 1906. Ohap. 34. I us a ranee. Part I. Withdrawal of excess. Notice of withdrawal. Exception. 16. Tf at any time it appears that a company has on deposit with the Minister a sum in excess of the amount required under the provisions of this Act, the Treasury Hoard may, upon being satisfied that the interest of the company's Cana- dian policyholders will not be prejudiced thereby, and upon the giving of such notice, and the exercise of such other pre- cautions, as may seem expedient, authorize the withdrawal of the amount of such excess or such portion thereof as may be deemed advisable: Provided that such withdrawal may be authorized without the giving of any notice. s. 5. 57-58 V., c. 20, Deficiency of assets— fire and inland marine insurance. Failure to make good. 17. If it appears from the annual statements, or from an examination of the affairs and condition of any company carrying on the business of fire or inland marine insurance, that the re-insurance value of all its risks outstanding in Canada, together with other liabilities in Canada, exceeds its assets in Canada, including the deposit in the hands of the .Minister, the company shall be notified by the Minister to make good the deficiency; and on its failure so to do within sixty days, after being so notified, he shall withdraw its license. R.S., c. 124, s. 9. Deficiency of assets — life insurance. Failure to make good. Assets in case of foreign company. Trust deed and dealing with assets. 18. Subject to the power and duties hereinafter vested in and imposed upon the Treasury Board in relation to the with- drawal of a company's license or for limiting a time for making- good a deficiency of assets, if it appears from the annual state- ments, or from an examination, as provided for by this Act, of the affairs and condition of any company carrying on the busi- ness of life insurance, that its liabilities to policyholders in Canada, including matured claims, and the full reserve or reinsurance value for outstanding policies, as hereinafter described, after deducting any claim the company has against such policies, exceed its assets in Canada, including the deposit in the hands of the Minister, the company shall be called upon by the Minister to make good the deficiency ; and on its failure so to do within sixty days, after being so called upon, he shall withdraw its license. 2. If any such company as is mentioned in this and the last preceding section is incorporated or legally formed elsewhere than within Canada, the assets in Canada as aforesaid shall be taken to consist of all deposits which the company has made with the Minister under the foregoing provisions of this Act, and of such assets as have been vested in trust for the company for the purposes of this Act, in two or more persons resident in Canada, appointed by the company and approved by the Minister. 3. The trust deed shall first be approved by the Minister, and the trustees may deal with such assets in any manner provided by the deed of trust appointing them, but so* that the 430 value R.S., 1906. Part I. Insurance. Chap. 34. value of the assets held by them shall not fall below the value required by this section. 4. In case any such life insurance company gave written Companies notice to the Minister before the thirty-first day of March, ^ c m pt t e h d ig in the year one thousand eight hundred and seventy-eight, section, of its intention to avail itself of the proviso contained in section seven of The Consolidated Insurance Act, 1877 , the foregoing requirements of this section shall not apply to policies issued by such company previously to that date. 5. In any such case the deposit of such company, which was Decreasing in the hands of the Minister, on the twenty-eighth day of April, den osit. in the year one thousand eight hundred and seventy-seven, shall be dealt with in regard to such policies, in conformity with the fourth and fifth sections of the Act passed by the Parliament of Canada in the thirty-fourth year of Her late Majesty's reign, and intituled An Act to amend the Act respecting Insurance Companies ; and whenever the full liability under such policies falls below the amount so held by the Minister, he may, with the concurrence of the Treasury Board, direct that the whole or such portion of the difference as he deems advisable, shall be released and handed over to the company, and so on, from time to time, until the total deposit with the Minister is reduced to the amount of fifty thousand dollars required by this Act. E.S., c. 124, s. 10;' 62-63 V., c. 13, s. 5. 19. So long as the conditions of this Act are satisfied by Handing any company, and no notice of any final judgment against the company, or order made by the proper court in that behalf for the winding-up of the company or the distribution of its assets, is served upon the Minister, the interest upon the securities forming the deposit shall be handed over to the company as it falls due. 57-58 V., c. 20, s. 6. Documents to he filed. 20. Every company shall, before the issue of a license to it. Filing. file in the oflice of the Superintendent, — (a) a copy of the charter, Act of incorporation, or articles Copy of of association of the company, certified by the proper cnarter - officer in charge of the original thereof; (b) a power of attorney from the company to its agent in Power of Canada, under the real of the company, if it has n Beal, attorney and signed by the president and secretary or other proper officers thereof, in presence of a witness, who shall make oath or affirmation as to the due execution thereof; and the official positions in the company held by the officers signing such power of attorney shall be sworn to or affirmed by some person cognizant of the facts necessary in that behalf; and, 431 (c) R.S., 1906. over interest on securities. 10 Chap. 34. Insurance. Part I. Statement of condition and affairs. Contents of power of attorney. (c) a statement, in such form as is required by the Minister, of the condition and affairs of such company on the thirty- first day of December next preceding, or up to the usual balancing day of the company, if such day is not more than twelve months before the filing of the statement. K.S., c. 124, s. 12. 21. Such power of attorney shall, — (a) declare at what place in Canada the head office, or chief agency of such company is or is to be established ; and, (b) expressly authorize such attorney to receive service of process in all suits and proceedings against such company in any province of Canada, in respect of any liabilities incurred by the company therein, and to receive from the Minister and the Superintendent, all notices which the law requires to be given, or which it is thought advisable to give; and, (c) declare that service of process for or in respect of such liabilities and receipt of such notices, at such office or chief agency, or personally on or by such attorney at the place where such head office or chief agency is established, shall be legal and binding on the company to all intents and purposes whatsoever. R.S., c. 124, s. 13. Change of chief agent. Declaration in annual statement. 22. Whenever any such company changes its agent or agency in Canada, such company shall file a power of attorney as hereinbefore mentioned, containing any such change or changes in such respect, and containing a similar declaration as to service of process and notices as hereinbefore mentioned. 2. Every company shall, at the time of making the annual statement hereinafter provided for, declare that no change or amendment has been made in the charter, Act of incorporation or articles of association of the company, and that no change has been made in the agency or agent, without such amendment or change having been duly notified to the Superintendent. R.S., c. 124, s. 14. Duplicates^ to be filed in office of superior court. 23. Duplicates of all such documents, duly verified as aforesaid, shall be filed in the office of one of the superior courts in the province in which the head office or agency of the company is situated; or, if the agency is in the province of Quebec, with the prothonotary of the Superior Court of the district wherein such agency is established. R.S., c. 124, s. 15. Service of Process. 24. After such* power of attorney and certified copies are filed as aforesaid, any process in any suit or proceeding against any such company, in respect of any liabilities incurred in any 432 province On the compan: chief agency. U.S., 1906. Part I. Insurance. Chap. 34. 11 province of Canada, may be validly served on the company at its agency; and such service shall be deemed to be service on the company. 2. If such power of attorney becomes invalid or ineffective Construc- from any reason whatsoever, or if other service cannot be tlve service - effected, the court or a judge may order constructive service of any process or proceeding to be made by such publication as is deemed requisite to be made in the premises, for at least one month in at least one newspaper ; and such publication shall be deemed to be due service upon the company of such process or proceeding. U.S., c. 124, s. 16. Notice. 25. Every company on first obtaining such license shall Notice of forthwith give due notice thereof in the Canada Gazette, and obtained a in at least one newspaper in the county, city or place where the license, head office or agency is established, and shall continue the publication thereof for the space of four weeks. U.S., c. 124, s. 17. 26. "When a company ceases to carry on business in Canada, Notice of or gives notice that it intends to so cease to carry on business, ^usYness * notice thereof shall, for the space of three calendar months, be given in the manner aforesaid. 2. Such giving of such notice shall be a condition precedent Release of to the release of the company's deposit. E.S., e. 124, s. 17 ; de P° slts - 57-58 V., c. 20, s. 7. 27. The Minister shall cause to be published quarterly in Publication the Canada Gazette a list of the companies licensed under this ?i cen sed° Act, with the amount of deposits made by each company. companies. 2. Upon any new company being licensed, or upon the j^j com " license of any company being withdrawn in the interval between two such quarterly statements, he shall publish a notice thereof in the Canada Gazette for the space of four weeks. R.S., c. 124, s. 18. Annual Returns. 28. The president, vice-president or managing director, and Annua! the secretary, actuary or manager of every Canadian company ^nrony's licensed under this A.ct, shall prepare annually, under their business. oaths, a statement of the condition and affairs of such company at the thirty-first day of December in each year, which shall exhibit the assets and liabilities of the company, and its income and expenditure during the previous year, and Buch other information as is deemed necessary by the .Minister. 57-58 V., c. 20, s. 8. 29. In the case of companies carrying on the business of Life com- life insurance, such statements shall be in the form A in the paniC:? - 28 t33 schedule R.S., lOOfi. 12 Chap. 34. Insurance. Part I. Fire com- panies. Other com- panies. Statement to be sworn. Minister may change forms. Statements by foreign and other companies. Form in case of foreign company. Idem. To be de- posited with Superinten- dent. Forms supplied. Time for depositing R.S., 1906. schedule to this Act, with suitable changes made therein in the case of companies carrying on business on the assessment plan. 2. In tHe case of companies carrying on the business of fire or inland marine insurance, such statement shall be in the form B in the schedule to this Act. 3. In the case of companies carrying on business other than life, fire or inland marine insurance, such statement shall be in the said form B as nearly as circumstances will permit, necessary changes only being made therein. 4. Such statements shall be sworn to before some person duly authorized to administer oaths in any legal proceeding, in the form C in the schedule to this Act. 5. The Minister may, from time to time, make such changes in the form of such statements as seem best adapted to elicit from the companies a true exhibit of their condition in respect to the several points hereinbefore enumerated. 57-58 V., c. 20, s. 8. 30. Every company incorporated or legally formed else- where than in Canada licensed under this Act, and every company which is subject to the provisions of this Act, shall make annual statements of its condition and affairs, at the balancing day of the company in each year, and the form and manner of making such statement shall, as to the Canada busi- ness of such company, be the same so far as applicable, as is required of Canadian companies ; and, as to its general business, shall be in such form as such company is required by law to furnish to the government of the country in which its head office is situated. 2. Where such company is not required by law to furnish a statement to the government of the country in which its head office is situate, then such statement, as to its general business, shall be in such form as the company usually submits to its members or shareholders. 3. In the event of no such statement being submitted to such members or shareholders, then such statement shall show in concise form the assets and liabilities of the company at such balancing day and the income and expenditure of the company for the year ending on such balancing day. 4. The statements mentioned in the last preceding section, and the statements of Canada business provided for in this section, shall be deposited in the office of the Superintendent on the first day of January next following the date at which th<3 condition and affairs of the company are thereby shown, or within two months thereafter. 5. The blank forms of the statements of the Canada busi- ness shall be supplied by the Superintendent. 58-59 V., c. 20, s. 1. 31. The statement of general business provided for in the last preceding section shall be deposited in the office of the 434 Superintendent Part I. Insurance. Chap. 34. 13 Superintendent within thirty days after it is required by law general to be made to the government of the country in which the head 8 a emen ' office of the company whose statement it is, is situate, or within thirty days after the submission of the same at the annual meeting of the shareholders or members of the company, whichever date first occurs : Provided that no such statement Variation. of general business need be so deposited earlier than the first day of June nor shall it be so deposited later than the thirtieth day of June next following the date at which the condition and affairs of the company are thereby shown. 58-59 V., c. 20, s. 1 ; 62-63 V., c. 13, s. 3. 32. Such statements shall, as to the Canada business, be To be veri- verified by the oath of the company's agent in Canada ; fied on ° and, as to the general business, be verified by the oath of the president, vice-president or managing director, and secretary or actuary of the company. 57-58 V., c. 20, s. 8. 33. Such agent shall keep at his agency in Canada records Records and and documents sufficient to enable him to prepare and furnish to^kept the required statement of Canada business, and such that the by chief said statement may be readily verified therefrom: Provided agen ' that in the case of any company having in Canada in addition Fewer re- to such agent, one or more general agents reporting to the head ^™™ cr Jg es office, and not to such agent, it shall be sufficient for such agent 1 i 1 keep on file at the agency, in addition to the necessary records and documents relating to the business transacted by or through each agent, annual statements of the business transacted by each such general agent, duly verified by the oath of each such general agent, and such additional records and documents trans- mitted through the company's head office as shall, taken together, show the company's entire Canadian business. 2. The said annual statements of the business of such genera] Time up to agents shall, when kept on file as aforesaid, be made up to the Annual thirty-first day of December in each year, and blank forms for statements such statements shall, on application, be furnished by the Superintendent. 57-58 V., c. 20, s. 8. Superintendent and his Duties. 34. The Governor in Council may appoint an officer at a Appoint- salary not exceeding four thousand dollars per annum to be ment and called the Superintendent of Insurance who shall have the rank r ' of a deputy head of a department: 'Provided that the posses- Limitation. sion of such rank shall not be deemed to confer the office of deputy head upon the Superintendent nor affect the adminis- tration of the department to which he is attached. 2. The Superintendent shall act under the instructions of To act under the Minister, and shall examine and report to the Minister, Minister - from time to time, upon all matters connected with insurance, 28£ 435 as E.S., 1906. 14 Chap. 34. Insurance. Part I. Duties of Superin- tendent. Report as to licenses. Record of. Visit head office. Full report of each company's business. as carried on by the several companies licensed to do business in Canada, or required bv this Act to make returns of their affairs. R.S., c. 124, s. 25 ; 4-5 E. VII., e. 40, ss. 1 and 2. 35. The Superintendent shall keep a record of the several documents required to be filed by each company in the superior courts of Canada, under this Act and shall, — (a) enter in a book, under the heading of such company, the securities deposited on its account with the Minister, naming in detail the several securities, their par value, and value at which they are received as deposit ; (b) in each case, before the issue of any new license, or the renewal of any license, make a report to the Minister that the requirements of the law have been complied with, and that from the statement of the affairs of the company it is in a condition to meet its liabilities; (c) keep a record of the licenses as they are issued ; (d) visit the head office of each company in Canada, at least once in every year, and examine carefully the statements of the condition and affairs of each company, as required under this Act, and report thereon to the Minister as to all matters requiring his attention and decision; (e) prepare for the Minister, from the said statements, an annual report, showing the full particulars of each com- pany's business, together with an analysis of each branch of insurance with each company's name, giving items, classified from the statements made by each company. E.S., c. 124, s. 25. Superinten- dent may under orders from the Minister make inspec- tion visits to companies. Officers of companies to open books for inspec- tion. Examina- tions under oath. 36. If the Superintendent, after a careful examination into the condition and affairs and business of any company licensed to transact business in Canada, from the annual or other state- ments furnished by such company to the Minister or for any other cause, deems it necessary and expedient to make a further examination into the affairs of such company and so reports to the Minister, the Minister may, in his discretion, instruct the Superintendent to visit the office of such company, to thoroughly inspect and examine into all its affairs, and to make all such further inquiries as are necessary to ascertain its condition and ability to meet its engagements, and whether it has complied with all the provisions of this Act applicable to its transactions. 2. The officers or agents of such company shall cause their books to be open for the inspection of the Superintendent, and shall otherwise facilitate such examination so far as it is in i heir power. 3. For the purpose of such inquiry, the Superintendent may examine under oath the officers or agents of such company relative to its business. R.S., c. 124, s. 25. 436 37. R.S., 19C6. Part I. Insurance. Chap. 34. 15 37. A report of all companies so visited by the Superin- Report of tendent shall be entered in a book kept for that purpose, with vlslts - notes and memoranda showing the condition of each company after such investigation. 2. A special report shall be communicated in writing to the Special Minister, stating the Superintendent's opinion as to the stand- Minister. ing and financial position of every company so visited and all other matters desirable to be made known to the Minister. E.S., c. 124, s. 25. 38. If it appears to the Superintendent that the assets of Report x x . a, . ,■■•<■•. .• e i when assets any company are insufficient to justify its continuance ot busi- become ness under the requirements of this Act in that behalf respect- insufficient. ing the amount of deposits and assets, or that it is unsafe for the public to effect insurance with it, he shall make a special report on the affairs of such company to the Minister. 2. If the Minister, after full consideration of the report, Governor in and after a reasonable time has been given to the company to gj° S p"nd may be heard by him, and upon such' further inquiry and investiga- license of tion as he sees proper to make, reports to the Governor in Cl Council that he agrees with the Superintendent in the opinion so expressed in his report, the Governor in Council may, if he also concurs in such opinion, suspend or cancel the license of such company. 3. Such company shall, during such suspension or cancella- Effect of tion, be held to be unlicensed and unauthorized to do further sus P ension - business. U.S., c. 124, s. 25. 39. Once in every five years, or oftener at the discretion of Valuator of the Minister, the Superintendent shall himself value, or pro- jifeh^ur- cure to be valued under his supervision, all the policies of life ance in insurance of Canadian companies, and the Canadian policies of ana a ' life insurance of companies other than Canadian companies, licensed under this Act to transact the business of life insurance in Canada. 2. Such valuation shall, as to policies issued on or after the Basis of first day of January, one thousand nine hundred, and bonus valuatlon - additions or profits accrued or declared in respect thereof, be based on the mortality table of the Institute of Actuaries of Great Britain, and on a rate of interest of three and one-half per centum per annum; and as to policies issued prior to the said date, and bonus additions or profits accrued or declared in respect thereof, such valuation shall, until the firsl day of January, one thousand nine hundred and ten, be based on tin- said mortality table and a rate of interest of four and one-half per centum per annum; and on and after the said last men- tioned date, shall, until the first day of January, one thousand nine hundred and fifteen, be based on the said mortality table, and a rate of interest of four per centum per annum; and on and after the first day of January, one thousand nine hundred 437 and R.S., 190G. 16 Chap. 34, Insurance. Part L Report to Trea sun- Board. and fifteen, be based on the said mortality table, and a rate of interest of three and one-half per centum per annum : Pro- vided that in the valuation of annuity contracts the table of mortality experience of (British) Government Life Annui- tants may be used instead of the table of the Institute of Actuaries in this subsection mentioned. 62-63 V., c. 13, s. 5. 40. If it appears to the Superintendent that the liabilities of any Canadian life insurance company, including matured claims and the full reserve or re-insurance value for outstand- ing policies estimated or computed on the basis mentioned in the last preceding subsection, exceed its assets, he shall report the fact to the Treasury Board ; and the Treasury Board, after full consideration of the matter and after a reasonable time has been given to the company to be heard by the Board, may, — • (a) forthwith withdraw the company's license; or, (b) upon such terms and conditions as the Board deems proper, limit a time, not exceeding three years, within which such company shall make good the deficiency, during which term the company's license shall be continued. 2. Upon the company's failure to make good such deficiency within the time so limited, its license shall be withdrawn : Provided that if the company's liabilities exceed its assets by twenty per centum or upwards, its license shall be forthwith withdrawn. 62-63 V., c. 13, s. 5. 41. For the purpose of carrying out the provisions of the last preceding section, the Treasury Board may, upon the recommendation of the Minister, appoint such actuaries, valua- tors or other persons as the Board deems proper to value and appraise the company's liabilities and assets and report upon its condition and its ability, or otherwise, to meet its engage- ments. 62-63 V., c. 13, s.'5. 42. For the purpose of carrying out the provisions of this Act, the Superintendent is hereby authorized and empowered to address any inquiries to any insurance company licensed under this Act, or to the president, manager, actuary or secre- tary thereof, in relation to its assets, investments, liabilities, doings, or conditions, or any other matter connected with its business or transactions, and it shall be the duty of any com- pany so addressed to promptly reply in writing to any such inquiries. 57-58 V., c. 20, s. 9. orde'flur^er- 7 4 ^* Tlle ^ Imister ma 7> »om time to time, instruct the intendent Superintendent to visit the head office of any company licensed condition 16 lm der this Act and incorporated or legally formed elsewhere and affairs than in Canada, and to examine into the general condition and of company. affairg of guch company> 438 2. E.S., 1906. Withdrawal of license. Continua- tion on terms. Failure to comply with terms. Valuators may be appointed. Inquiries from com- pany and reply. Insurance. Chap. 34. 17 2. If such company declines to permit such examination, or Company refuses to give any information necessary for such purpose in examina- its possession or control, its license shall be withdrawn. R.S., tion. c. 124, s. 25. Office Expenses. 44. Every company licensed under this Act, and every Licensed company transacting life insurance business under this Act, g{^f ame8 having ceased to transact such business before the thirty-first contribute. day of March, one thousand eight hundred and seventy-eight, and having before that date given written notice to that effect to the Minister, shall annually contribute a sum in proportion to the gross premiums received by it in Canada during the previous year, towards defraying the expenses of the office of the Superintendent, which shall be paid upon the demand of the Superintendent. 2. The sum to be contributed annually by companies carry- Contribu- ing on the business of fire or inland marine insurance, in respect j a ° ^ marine exclusively of such business carried on by them, shall not exceed and fire, in all eight thousand dollars. U.S., c. 124, s. 25. Officers and Clerks. 45. The Governor in Council may, from time to time, Appoint- appoint such officers and clerks under the Superintendent, as ^e^ an( j are necessary for the purposes of this Act. U.S., c. 124, s. 25. clerks. 46. The Superintendent, or any officer or clerk under him, Superinten- shall not, directly or indirectly, be interested as a shareholder officer^not in any insurance company doing business in Canada or to be inter- licensed under this Act. R.S., c. 124, s. 25. company. Annual Report. 47. The Minister shall lay the Superintendent's annual Jo Je kM report before Parliament within thirty days after the com- liament. mencement of each session thereof. R.S., c. 124, s. 25. Change of Head Office. 48. JSTotwithstandino- anything contained in its Act of Company ° ° i'ij' -i. changing incorporation, any insurance company which derives its cor- bead office, porate powers, or any of them, from an Act of the Parliament of Canada, or which is within the legislative power of the said Parliament, may, — (a) if the company has no members other than shareholders By by-law. entitled to vote, by by-law passed and approved of by the votes of shareholders, representing at least two-thirds in value of the subscribed capital of the company, present or represented at a special meeting duly called for consider- ing the by-law; or, (b) if the company has no shareholders, by by-law passed and approved of by the votes of two-thirds of the members 439 present R.S., 1906. 18 Chap. 34. Insurance. To any place in Canada. In govern- ment de- bentures. Bank stocks and company securities. present or represented at a genera] meeting duly called for considering the by-lav? ; or, (c) if the company has both shareholders and members entitled to yote, by by-law passed and approved of by at least two-thirds of the votes east by such shareholders and members at a special meeting duly called for considering the by-lav? : change the head office of such company from any place in Canada to any other place in Canada. 62-63 Y., c. 13, s. 10. In vestments. Investment 49. Any life insurance company which derives its corporate fun C d°s mpany S P° wers > or an 7 of them, from an Act of the Parliament of Canada, or which is within the legislative power of the Parlia- ment of Canada, may invest its funds, or any portion thereof, in the purchase of, — (a) the debentures, bonds, stocks or other securities of Canada, or of any province of Canada, or of any muni- cipal or public school corporation in Canada; or, (b) the stock of any chartered bank in Canada, or the debentures, bonds, stocks or other securities of any build- ing society, loan or investment company, trust company, water works company, water power company, gas com- pany, navigation company, street railway company (by whatever power the railway is operated), electric light or power company, heat and light company, rolling stock company, bridge construction company, harbour trust company or commission, telegraph, cable or telephone company, dock company, fire insurance company, or the debentures or bonds of any steam railway company, which has earned and paid regular dividends upon its ordinary preferred or guaranteed stocks for the two years next pre- ceding the purchase of such bonds or debentures, if such society, commission or company is incorporated in Canada; or, (c) life, endowment, or other policies or contracts issued by the company, or by any other life insurance company; or, (d) the public consols, stocks, bonds, debentures or other securities, of the United Kingdom, or of any colony or dependency thereof, or of the United States or of any state thereof; or, (e) ground rents and mortgages on real estate in any province of Canada; or, (f) any securities accepted by the Treasury Board as deposits from insurance companies under this Act. 2. Any such life insurance company may lend its funds or any portion thereof, on the security of, — (c) any of the bonds, stocks, debentures or securities mentioned in the last preceding subsection ; or, 440 " (b) Life policies. Consols and stocks. Rents and mortgages. Accepted securities. Lending funds. On same securities. R.S., 1906. Part I. Insurance. Chap. 34. 19 (b) real estate or leaseholds for a term or terms of years or On real estate security. other estate or interest in real property in any province of e Canada. 02-63 V., c. 13, s. 8. 50. Any such life insurance company may invest in foreign Investment securities, or deposit outside of Canada, such portion of its g^^j^^ 1 funds as is necessary or desirable for the maintenance of any foreign branch: Provided that such investment, when not Limitation required by the law of the country where such branch is established, but deemed desirable in the interest of such branch, shall not exceed one hundred thousand dollars, Cana- dian currency. 62-G3 V., c. 13, s. 8. 51. Any such life insurance company doing business in the investment 1 nited States, in the event of the reserve or reinsurance value in case .°j upon its outstanding policies in force m the United States doing busi- exceeding the amount which may be invested or deposited urited under the authority of the last preceding section, may invest States. a portion of its funds in, — (a) the purchase of bonds or debentures of any of the states of the United States, or of any municipal corporation in the United States; or, (b) mortgages on real estate in the United States; or, (c) the purchase of debentures, bonds or preferred or guar- anteed stocks of any building society, loan or investment company, trust company, water works or water power company, gas company, navigation company, street rail- way company (by whatever power the railway is oper- ated), electric light or power company, heat and light company, rolling stock company, bridge construction com- pany, harbour trust company or commission, telegraph, cable or telephone company, dock company or fire insur- ance company, if the society, commission or company is incorporated in the United States; or, (d) the purchase of debentures or bonds of any steam rail- way company incorporated in the United States, which has earned and paid regular dividends upon its ordinary. preferred or guaranteed stocks for the two years next pre- ceding the purchase of such debentures or bonds; or any such life insurance company may, in the event aforesaid, lend a portion of its funds on the security of any such deben- ture-, bonds, preferred or guaranteed stocks or mortgages: Pro- vided that the amount so invested or lent in the United States, Limitation including any sum invested or deposited under the authority "' amount - of the last preceding section, shall not at any time exceed by over ten per centum the said reserve or reinsurance value of it- policies in force in the United States, calculated upon tlie basis prescribed in this Act. 2. Any such life insurance company doing business in flio [nvestmeni United Kingdom, in the event of the reserve or reinsurance ^ m C p* ny of value upon its outstanding policies in force in the I nited Hoinz busi- 441 Kingdom R.S.,1906. 20 Chap. 34. Insurance. Part I. ness in United Kingdom. Limitation of amount. Investment in case of company doing business out- side of Canada. Limitation of amount. Kingdom exceeding the amount which may be invested or deposited under the authority of the last preceding section, may invest a portion of its funds in the purchase of bonds or debentures of any of the municipalities of the United King- dom, or mortgages on real estate therein, or may lend it on the security of any such bonds, debentures or mortgages: Pro- vided that the amount so invested or lent in the United King- dom, including any sum invested or deposited under the authority of the last preceding section, shall not at any time exceed by over ten per centum the said reserve or reinsurance value of its policies in force in the United Kingdom, calculated on the basis prescribed by this Act. 62-63 V., c. 13, s. 8. 52. Any such life insurance company which does business outside of Canada, elsewhere than in the United Kingdom and the United States, and also does business in the United King- dom and the United States, in the event of the reserve or reinsurance value upon its outstanding policies in force outside of Canada exceeding the amount which may be invested or deposited under the authority of the two last preceding sections, may invest a further portion of its funds in the purchase of the securities mentioned in the last preceding section, or may lend such further portion upon the security thereof: Provided that the total amount so invested or lent outside of Canada under the authority of the two last preced- ing sections by such company shall never exceed by over ten per centum the said reserve upon its said outstanding policies in force outside of Canada, calculated on the basis prescribed by this Act. 62-63 V., c. 13, s. 8. Investment 53. Any insurance company, other than a life insurance pLies"other company, which derives its corporate powers, or any of them, than life from an Act of the Parliament of Canada, or which is within the legislative power of the Parliament of Canada, may invest its funds, or any portion thereof, in the purchase of any of the bonds, stocks, debentures, or other securities in which a life insurance company is by this Act hereinbefore authorized to invest its funds, except annuity contracts or life, endowment or other policies of life insurance, or may lend its funds, or any portion thereof, on the security of any of the bonds, stocks, debentures or other securities aforesaid, except annuity con- tracts or life, endowment or other policies of life insurance as aforesaid, and on real estate, or leaseholds for a term or terms of years, or other estate or interest in real property, in any province of Canada. 62-63 V., c. 13, s. 8. 54. Any company which derives its corporate powers or any of them from an Act of the Parliament of Canada, or which is within the legislative power of the Parliament of Canada, may take any additional securities of any nature to further secure the repayment of any liability thereto, or to 142 further R.S., 1906. Additional security to secure re- payment of liabilities. Part I. Insurance. Chap. 34. 21 further secure the sufficiency of any of the securities in or upon which such company is by this Act authorized to invest or lend any of its funds. 62-63 V., c. 13, s. 8. 55. Such securities may be taken and accepted either in Securities, the name of the company or in the name of any officer of the ow en ' company or other person in trust for the company. 62-63 V., c. 13, s. 8. 56. Any loan by this Act authorized to be made may be on Terms, such terms and conditions, and in such manner and at such amount o" d times, and for such sums, and in such sums of repayment, loans, whether of principal or interest or principal and interest together, as the directors from time to time determine. 62-63 V., c. 13, s. 8. 57. Notwithstanding anything contained in its Act of Company incorporation, or in any Act amending it, any insurance com- ™af estate, pany which derives its corporate powers, or any of them, from an Act of the Parliament of Canada, or which is within the legislative authority of the said Parliament, may hold such real estate as is bona fide mortgaged to it by way of security, or conveyed to it in satisfaction of debts or judgments recovered: Provided that no parcel of land or interest therein. Limitation at any time acquired by such company and not required for its as actual use and occupation, and not held by way of security, shall be held by such company or any trustee on its behalf, for n longer period than twelve years after the acquisition thereof, but shall, at or before the expiration of such period, be absolutely sold and disposed of, so that such company shall no longer retain any interest therein, except by way of security. 2. Any such parcel of land, or any interest - therein, not ia° n r r - half thereof to the informer. R.S., c. 124, s. 22; 57-58 V., c. 20, s. 13. 61. (a) Every director, manager, agent, or other officer oi Officers of any assessment life insurance company subject to the insurance 1 provisions of Part II. of this Act which carries on busi- companies, ness without being licensed or registered ; and, (b) every person who transacts any business of insurance Agents, on behalf of any such company which so carries on busi- ness without being registered or licensed ; and, (c) every director, manager, agent, or other officer of such Persons company, and every other person transacting business on caUoi/or ' behalf of any such company, who circulates or uses any policy, application, policy, certificate, circular or advertisement on which the words Assessment System are not printed as by Part II. of this Act required ; shall for a first offence, on summary conviction before two Penalty justices of the peace, or any magistrate having the powers of (° r certain two justices of the peace, be liable to a penalty not exceeding fifty dollars and costs and not less than twenty dollars and costs, and, in default of payment, to imprisonment, with or without hard labour, for a term not exceeding three months and not less than one month ; and for a second or any subse- Subsequent quent offence, to imprisonment, with hard labour, for a term offence, not exceeding six months and not less than three months. Pt.S., c. 124, s. 42. 62. Every assessment life insurance company which neglects Mutual in- to print the words Assessment System on any policy, applica- panTolffit" 1 tion, circular or advertisement, as required by Part II. of this ting to print Act, shall, on summary conviction before any two justices of g^Tem." 16 "' the peace, or any magistrate having the powers of two justices of the peace, for every offence, be liable to a penalty not exceeding ena v ' fifty dollars and costs and not less than twenty dollars and costs. U.S., c. 124, s. 42. 63. All informations or complaints for any of (he aforesaid Limitation offences shall be made or laid in writing within one year after the commission of the offence. U.S., c. 124, s. 23. 64. Every assessment life insurance company, obtaining the Mutual corn- exemption provided for by Part IT. of this Act, which fails to to'make ° make attested returns of its condition and affairs when called attested for by the Superintendent, as required by Part IT. of this Act, and every officer of any such company whose duty it is to make such attested returns, shall, for each day during which suck 445 failure R.S., 1906. 24 Chap. 34. Insurance. Part I. Penalty. failure continues, be liable to a penalty of ten dollars. R.S., c. 124, s. 38. Contracts 65. Notwithstanding- anything hereinbefore mentioned, in July. 1885. ' case of any contract entered into or any certificate of member- ship or policy of insurance issued before the twentieth day of July, one thousand eight hundred and eighty-five, by any assess ment life insurance company, assessments may be made and collected, and claims paid, and all business connected therewith No penalty, transacted without any penalty being incurred. E.S., c. 124, s. 36. Company carrying on business without license under Part IV. After revocation. Penalty. Person carrying on business of insurance without license under J 'art IV. After revo- ■ a1 ion. Penaltv. Transact- ing business for unlicensed company. Penalty. K.S.. 1906. 66. Every company which, — (a) carries on, without receiving the license required by Part IV. of this Act, any business of insurance for the carrying on of which a license is by Part IV. of this Act required; or, (b) carries on any such business after any such license received has been revoked, — shall on summary conviction before any two justices of the peace, or any magistrate having the powers of two justices of the peace, for every offence be liable to a penalty not exceeding fifty dollars and costs and not less than twenty dollars and costs. 57-58 V., c. 20, s. 15. 67. Every person who, — (a) without receiving the license required by Part IV. of this Act, carries on any business of insurance for the carrying on of which a license is by Part IV. of this Act required ; or, (b) carries on any such business after any such license received has been revoked, — shall on summary conviction before any two justices of the peace, or any magistrate having the powers of two justices of the peace, for a first offence be liable to a penalty not exceed ing fifty dollars and costs and not less than twenty dollars and costs, and in default of payment, to imprisonment with or without hard labour for a term not exceeding three months and not less than one month, and for a second or any subsequent offence, to imprisonment with hard labour for a term not exceeding six months and not less than three months. 57-58 V., c. 20, s. 15. 68. Every person who delivers any policy of insurance or collects any premium of insurance on behalf of any company or person carrying on business in violation of the provisions of Part IV. of this Act, shall on summary conviction before any two justices of the peace, or any magistrate having the powers of two justices of the peace, for a first offence, be liable to a penalty not exceeding fifty dollars and costs, and not less than 446 twenty Part II. Insurance. Chap. 34. 25 twenty dollars and costs, and in default of payment, to impri- sonment with or without hard labour for a term not exceeding three months and not less than one month ; and for a second or any subsequent offence, to imprisonment with hard labour for a term not exceeding six months and not less than three months. 57-58 V., c. 20, s. 15. 69. Unless otherwise provided in any special Act passed by Charter ex- the Parliament of -Canada after the twenty-eighth day of Hcense" 11 " April, one thousand eight hundred and seventy-seven, incor- obtained, porating any insurance company, such special Act and all Acts amending the same shall expire and cease to be in force at the expiration of two years from the passing thereof, unless within such two years the company thereby incorporated obtains a Time for. license from the Minister under the provisions of this Act. U.S., c. 124, s. 24. PART II. LIFE INSURANCE. Application of Part. 70. This Part applies only to life insurance companies, and Life to other insurance companies carrying on lite and other insur- ance, in. so far only as relates to the life insurance business of such companies. U.S., c. 124, s. 26. insurance. Conditions on Policies. 71. No condition, stipulation or proviso modifying or Conditions impairing the effect of any policy or certificate of life insur- -° fun^ 0111 ance issued after the first day of January, one thousand eight policy in- hundred and eighty-six, by any company doing business within TOI ' Canada under the authority of the Parliament of Canada, shall be good or valid unless such condition, stipulation or proviso is set out in full on the face or back of the policy. U.S., c. 124, s. 27. 72. No policy or certificate shall contain or have endorsed Condition upon it any condition providing that such policy or certificate appHcatfon. shall be avoided by reason of any statement contained in the application therefor being untrue, unless such condition is limited to cases in which such statement is material to the contract. R.S., c. 124, s. 28. 73. Where, in any contract of life insurance existing on the Erroneous twenty-third day of July, one thousand eight hundred and contnTct in ninety-four, or thereafter entered into with any company good faith. licensed to carry on business in Canada, the age of the person whose life is insured is given erroneously in any 447 statement R.S., 1D0G. 20 Chap. 34. Insurance. Part II. Good faith. Amount re- coverable. statement or warranty made for the purposes of the contract, such contract shall not be avoided by reason only of the age being- other than as stated or warranted, if it appears that Buch statement or warranty was made in good faith and withoul any intention to deceive: Provided that the person entitled to recover on such contract shall not be entitled to recover more than an amount which bears the same ratio to the sum that such person would otherwise be entitled to recover, as the net annual premium, proper to the stated a*ge of such person, calculated on the basis prescribed by this Act, bears to the net annual premium, proper to the actual age of such person, calculated on the basis prescribed by this Act, the stated age and the actual age being both taken as at the date of the contract, and that in no case shall the amount receivable exceed the amount stated or indicated in the contract. 57-58 V., c. 20, s. 10. Forfeiture and Renewal of Licenses. Withdrawal 74. Whenever satisfactory proof has been furnished to the non-payment Minister of any undisputed claim upon a company, arising of "ridis- on any policy of life insurance in Canada, remaining unpaid or Judgment, for the space of sixty days after becoming due, or of a disputed claim remaining unpaid after final judgment in regular course of law and tender of a legal valid discharge made to the agent of such company, the Minister may withdraw the license of such company. K.S., c. 124, s. 29. Renewal of 75. Such license may be renewed if, within thirty clays license. after such withdrawal, such undisputed claim or final judg- ment upon or against the company is paid and satisfied. U.S., c. 124, s. 30. Renewal of forfeited license. (ci tain companies ceasing to do business 76. When the license of a company carrying on the business of life insurance has been withdrawn by the Minister under any of the foregoing sections of this Act, such license may be renewed, if, within thirty days after such withdrawal, the company complies with the requirements of this Act to the satisfaction of the Minister. E.S., c. 124, s. 31. Companies ceasing to do business and Release of Deposits. 77. In the case of any company which, previously to the twenty-eighth day of April, one thousand eight hundred and seventy-seven, was licensed to transact the business of life insur- ance in Canada, and which ceased to transacl such business before the thirty-firsl day of March, one thousand eight hun- dred and seventy-eight, having before that date given written notice to that effect to the Minister, the premiums due or to become due on policies actually issued before the last mentioned date, may continue to be collected, and the claims arising 448 thereon R.S., 1906. Part II. Insurance. Chap. 34. 27 thereon may be paid, and all business appertaining thereto may Winding-up be transacted, and all proceedings appertaining thereto, either ° business - at law or in equity, may be continued or commenced and prosecuted. 2. The deposit in the hands of the Minister in such case Deposit, how shall be dealt with under the law as it existed previously to the dealt with - first mentioned date, as if this Act had not been passed. E.S., c. 124, s. 32. 78. When any company licensed under this Act desires to Transfer or discontinue business and to have its assets in Canada released, B ^JjJ nde l of and gives written notice to that effect to the Minister, it may, companies 7 with the consent of the policyholders, procure the transfer of "^^^^ to its outstanding policies in Canada to some company or com- business. panies licensed under this Act in Canada, or may obtain the surrender of the policies, as far as practicable. 2. The trustees holding securities for such company may utilizing employ any portion of the assets vested in them for the purpose trus t funds, of effecting such transfer or surrender. 3. Such company shall file with the Minister a list of all List to be Canadian policyholders whose policies have been so trans- Tester"** 1 ferred or have been surrendered, and also a list of those which have not been transferred or surrendered. 4. The company shall, at the same time, publish in the Notice in Canada Gazette a notice that it will apply to the Minister for ^a'seMe the release of its assets and securities on a certain day, not less than three months after the date of the notice, and calling upon its Canadian policyholders opposing such release to file their opposition with the Minister on or before the day so named. R.S., c. 124, s. 33. 79. After the day so named, upon the application for Securities in release being made, if the Minister, with the concurrence of f lse °J the Treasury Board, is satisfied that such transfer or surrender has been effected, he may direct that a portion of the assets held by the trustees, or securities held by the Minister, shall be retained, sufficient in amount to cover the full equitable net surrender value of such policies, including bonus additions and accrued profits, as have not been transferred or surren- dered, or in respect to which opposition has been filed; and may order the remaining assets or securities aforesaid to b<' released and transferred or paid over to the company. 2. The portion retained shall be ttndered in the manner T , hereinafter described to the aforesaid policyholders pro rata, policy- according to the aforesaid values of their respective policies ; ,1olt ' era - and on the acceptance of the amount so tendered, such policies shall thereby be deemed to be cancelled. 3. If such tender is refused by any policyholder, the Refusing amount so tendered may 1"' paid over to the company, and the policy shall continue in force, and such policyholder shall not be barred from any recourse he has, either at law or in equity, 29 449 againsl R.S., 1906. 28 Chap. 34. Insurance. Part II. Mode of tender. List in Gazette. List in news- papers. Notice mailed. Acceptance must be signified. Neglect may be waived. against the company to compel the fulfilment of its contract under such policy. R.S., c. 124, s. 33. 80. The tender referred to in the last preceding section shall be made in the following manner: — (a) A list and notice in the form D in the schedule to this Act, or to the like effect, shall be published in the Canada Gazette for at least thirty days previously to the day named in such notice; (b) The company shall also cause the said list and notice to be published in such newspapers in Canada and for such length of time as the Minister determines; (c) A notice in the form E in the schedule to this Act, or to the like effect, shall be sent by mail, postpaid or franked, from the office of the Superintendent to each of the policyholders named in the said list, whose address is known to him ; and such notice shall be deposited in some post office in Canada at least thirty days previously to the day named therein, which shall be the same day as that named in the list and notice in form D. 2. Any policyholder who does not signify in writing to the Superintendent his acceptance of the amount so tendered, on or before the day named in the said notice, shall be deemed to have refused the same : Provided that the Minister may, at anv time prior to the payment over to the company of the amount so refused, allow any policyholder to signify hie acceptance of such amount, and such acceptance, so allowed, shall have the same effect as if made on or before the day named in the said notice. R.S., c. 124, s. 34. Surrender values, how determined. 81. The surrender values to cover which a portion of assets is retained as aforesaid shall be determined by the Superin- tendent on the basis provided in this Act for the valuation once in every five years or oftener at the discretion of the Minister of policies of life insurance ; and he shall collect from the corn- Expenses of pany the expenses of such valuation at the rate of three cents for each policy or bonus addition, and shall pay the same to the Minister before the latter shall hand over the securities. R.S., c. 124, s. 33. 82. ISTothing herein contained shall prevent any policy- holder from making special arrangements with the company whereby his policy may be continued in force. 2. On proof being given of such arrangement, such policv may be omitted or removed from the lists of policies filed with the Minister as aforesaid, and this Act shall thereafter not apply in respect of such policy. R.S., c. 124, s. 33. Reserve 83. In computing or estimating the reserve necessary to be necessary to he | d .^ order tQ coyer the liability of Canadian companies on liability. their policies, and the liability of companies other than Cana- dian companies on all Canadian policies, each companv may, — 450 (a) E.S., 1906. valuation. Special arrange- ments. Aetion on proof. Part II. Insurance. Chap. 34. 29 (a) as to policies issued on or after the first day of January, Calculation one thousand nine hundred, and bonus additions or profits after S&nS^ accrued or declared in respect thereof, employ any of the ary 1st, 1900. standard tables of mortality as used by it in the construc- tion of its tables, and any rate of interest not exceeding three and a half per centum per annum ; (b) as to policies issued prior to the first day of January, Calculation one thousand nine hundred, and bonus additions or profits p^*° policies accrued or declared in respect thereof until the first day January 1st, of January, one thousand nine hundred and ten, employ any of the standard tables of mortality as used by it in the construction of its tables, and any rate of interest not exceeding four and one-half per centum per annum; (c) on and after the first day of January, one thousand Calculation nine hundred and ten, and until the first day of January, ary^ist 191*0. one thousand nine hundred and fifteen, employ any of such standard tables of mortality, and any rate of interest not exceeding four per centum per annum ; (d) on and after the first day of January, one thousand Calculation nine hundred and fifteen, employ any of such standard after 1 'I a ^m(r tables of mortality, and any rate of interest not exceeding three and a half per centum per annum. 2. If it appears to the Superintendent that such reserve Minister falls below that computed on the basis provided in this Act for ma > r ca " s e the valuation once in every five years or of tener at the discre- to be veri- tion of the Minister of policies of life insurance, he shall so fied - report to the Minister, who may thereupon direct the Superin- tendent to compute on the said basis or to procure to be so com- puted under his supervision, the reserve aforesaid, and the amount so computed, if it differs materially from the return made by the company, may be substituted in the annual state- ment of assets and liabilities. 3. In such case the company shall furnish to the Superin- Particulars tendent, on application, the full particulars of each of its furnished, policies necessary for such computation, and shall pay to the Superintendent an amount at the rate of three cents for each policy or bonus addition so computed, which amount he shall pay over to the Minister. 4. Any company, instead of itself computing or estimating' Superin- the reserve aforesaid, may require it to be computed by the qu'iredV* Superintendent on the basis referred to in this section on pay- compute, ment to him of three cents for each policy or bonus addition so computed, which amount the Superintendenl shall pay over to the Minister. 62-63 V., c. 13, s. 6 Assessment Life Insurance Companies. 84. No company shall, without being licensed or registered License or registrator necessary. under this Act, carry on within Canada any business of life n insurance by promising to pay on the death of a member of such company, a sum of money solely from the proceeds of 2£H 451 assessments R.S., 1906. CO Chap. 34. Insurance. Part II. assessments or dues collected or to be collected from the mem- bers thereof for that purpose. R.S., c. 124, s. 36. Companies 85. Any company incorporated or legally formed within this Act. Canada, which transacts business of the nature described in the last preceding section may, at the discretion of the Minister, "ii report of the Superintendent, approved by the Treasury Board, be exempted from the operation of the foregoing pro- visions of this Act, except such as relate to, — (a) the Superintendent and his duties; (b) conditions of policies ; (c) forfeiture and renewal of licenses ; and, (d) offences and penalties relating to assessment life insur- ance companies; and be permitted to transact the business of life insurance on the conditions specified in the following sections of this Part. R.S., c. 124, s. 37. ( 'onditions emp- tion. Renewal necessary. Returns of their condi- tions and affairs. License by Minister on deposit of $50,000. Renewal ; to Julv 22nd, 1895. 86. Companies to be so exempted shall register their titles or corporate names in the office of the Superintendent. 2. The registration of any such company shall cease to be valid on the thirty-first day of March in each vear, but shall be renewable from year to year, in the discretion of the Minister. R.S., c. 124, s. 38. 87. Such companies shall make attested returns of their condition and affairs at such times and in such form, and attested in such manner, as are prescribed by the Minister, and the Superintendent shall include such returns in his annual report. K.S., c. 124, s. 38. 88. Corporations or associations incorporated or legally formed in Canada or elsewhere than in Canada for the purpose of carrying on the business of life insurance upon the assess- ment plan may be licensed by the Minister, under the provisions of this Act, to transact business in Canada upon depositing with him fifty thousand dollars, and thereafter shall have the right to transact business so long as they continue to pay their losses to the full limit named in their certificates or policies, and have complied with all the requirements of this Act and of the Superintendent. 2. This section shall not interfere with the renewal of certificates of registration granted before the twenty-second day of Julv in the year of Our Lord one thousand eight hundred and ninety-five. R.S., c. 124, s. 39; 58-59 V., c. 20, ?. 4. Further 89. In addition to such deposit of fifty thousand dollars, be P °requi?ed 7 the Minister, upon the report of the Superintendent, approved 452 by P.S., 1900. Part II. Insurance. Chap. 34. 01 by the Treasury Board, may, from time to time, require such other and further deposit from such corporations or associa- tions, if incorporated or formed elsewhere than in Canada, as is recommended in such report and so approved, to be made by such corporations or associations, or deposited with trustees to be named by the Minister, upon such trusts as are determined by the Governor in Council. U.S., c. 124, s. 39. 90. Death claims shall be a first charge on all moneys Death claims realized from assessments, by any assessment company to first cnar s e - which this Act applies, and no deduction shall be made from any such death claims on any account whatsoever. 2. jSTo portion of any moneys received from assessments by Use of such companies for death claims shall be used for any expense assessment for ^ucri whatever ; and every notice of any assessment shall truly purpose, specify the cause and purpose thereof. R.S., c. 124, ss. 39 and 40. 91. Every application, policy and certificate, issued or Notice, used, — (a) in Canada by any such company incorporated elsewhere Foreign com- than in Canada; panies. (b) by any such company incorporated or formed in Canada Canada to which this Act applies ; companies, shall have printed thereon, in a conspicuous place, in ink of a To be colour different from that of the ink used in the instrument. P rin ted. and in good sized type, the words: — This association is not required by law to maintain the Words. reserve which is required of ordinary life insurance companies. K.S., c. 124, ss. 39 and 40. 92. Every policy issued or used in Canada by any com- Promise to pany referred to in the last preceding section shall contain pa y ? ut of a promise to pay the whole amount therein mentioned out of funds. the death fund of the association and out of any moneys realized from assessments to be made for that purpose, and every such association shall be bound, forthwith and from time to time, to make assessments to an amount adequate, with its other available funds, to pay all obligations created under any such certificate or policy without deduction or abatement. 2. The condition embodied in this section shall be inserted To be in every policy issued or delivered by any such company to any inserte d in person insured in Canada. U.S.. c. 124, ss. 39 and 40. 93. Every policy issued by an assessment company incor- clause Btat- porated or legally formed elsewhere than in Canada, in favour in*, where of a resident of Canada, shall have a clause embodied therein brought. or endorsed thereon, to the effect that an action to enforce the obligation of such policy may be validly taken in any court of competent jurisdiction in the province wherein the policv- 453 holder R.S., 1906. 32 Chap. 34. Insurance. Part II. holder resides or last Tesided before his decease, and such policy shall not contain any provision inconsistent with such clause. R.S., c. 124, s. 39. rompanies 94. No company which is authorized to assure or assures o^i'tiL to any oi its members a certain annuity, either immediate or tllllllllLltro •/ m l ineligible for deferred, whether for life or a term of years, or any endowment whatever, shall be eligible for license as an assessment company under the foregoing provisions of this Act. 57-58 V., c. 20, s. 13. Eligibility. Amount in applica- tions. Amount in policies. 95. No company shall be eligible for license as an assess- ment company, — (a) if a new company, until it has received at least five hundred applications for membership calling for an amount of insurance not less than five hundred thousand dollars ; (b) if a company already engaged in business, unless it has five hundred members or policyholders holding policies for not less than five hundred thousand dollars. 57-58 V., c. 20, s. 13. Words to be 96. The words Assessment System shall be printed in large U « ed nTnt type at the head of every policy and every application for a companies, policy, and also in every circular and advertisement issued or used in Canada in connection with the business of an assess- ment company. R.S., c. 124, s. 41. Notice of intention to maintain a reserve. Obligation thereafter. Exemption from assessment provisions. 97. If any company licensed or registered under this Act to carry on the business of life insurance on the assessment system files in the office of the Superintendent notice of its intention, after the date mentioned in the said notice, to main- tain, in respect of all policies issued after the said date, in the case of a Canadian company, or in respect of all policies issued in Canada after the said date, in the case of a company other than a Canadian company, the reserve required by this Act to be maintained by ordinary life insurance companies upon contracts of life insurance with fixed and definite premiums, such company shall, with respect to all policies issued after the said date, if a Canadian company, and with respect to all policies issued in Canada after the said date, if a company other than a Canadian company, maintain for the security of the holders of the said policies the said reserve, and comply with all other provisions of this Act applicable thereto, as if it were licensed under Part II. of this Act. 2. Such company shall, as to such policies, be exempt from all special provisions and conditions imposed by this Act upon assessment life insurance companies, except i' shall not assure to any of its members a certain annuity, either immediate or 454 deferred R.S., 1906. Part III. Insurance. Chap. 34. 33 deferred, -whether for a life or for a term of years, or any endowment whatever. 62-63 V., c. 13, s. 7. 98. The deposit of any such company in the hands of the Application Minister, at the date mentioned in the notice in the preceding of deD0Slt - section referred to, shall be applicable to the policies issued prior to the said date, and shall be dealt with in regard to such policies as if the said notice had not been given. 2. Any such company shall, at the time of the filing of such Deposit com- notice, make with the Minister such deposit, if any, in respect P"kory. of the policies to be issued in pursuance of such notice, as the Treasury Board may fix and determine. 62-63 V., c. 13, s. 7. 99. For the purpose of carrying out the provisions of the Separate and two last preceding sections, separate and distinct registers and Agister and books of account shall be opened and kept, showing, respectively, books. all policies issued and business transacted by such company after the date mentioned in the said notice, and all policies issued and business transacted before the said date. 2. Such books and registers shall show all assets, liabilities, moneys and securities belonging or appertaining to the said Contents, respective portions of such company's business; and the assets and the entire business of the said respective portions shall be kept absolutely separate and distinct. 3. The reserves or assets applicable to the policies issued by Use of such company after the date mentioned in the said notice shall Teserves or 3.SS6L8 not be available in any way for any liability of such company arising out of any policy issued by it on the assessment plan. 62-63 V., c. 13, s. 7. 100. The provisions of this Act applicable to assessment Application life insurance companies, other than the provisions contained oi Act to . in the three last preceding sections, shall be applicable to the companies, policies of the company issued prior to the said date, in the same manner and to the same extent as if the provisions con- tained in the said sections had not been enacted. 62-63 V., c. 13, s. 7. PART III. FIRE AND INLAND MARINE INSURANCE. Application of Part. 101. This Part applies only to fire and inland marine Fire and insurance companies, and to other insurance companies carry- JjJ^"^ ing on fire and other insurance or inland marine and other insurance, in so far only as relates to the fire or inland marine insurance business of such companies. R.S., c. 124, s. 44. 455 Forfeiture R.S., 1906. 34 Chap. 34. Insurance. Part III. Forfeiture and Renewal of Licenses. Licenses for- 102. Whenever any company fails to make, the deposits failure to under this Act at the time required, or whenever written make deposit notice has been served on the Minister of any undisputed chums. claim arising- from loss insured against in Canada remaining unpaid for the space of sixty days after it becomes due, or oi a disputed claim remaining unpaid after final judgment in regular course of law and tender of a legal valid discharge, the license of such company mav be withdrawn by the Minister. R.S,. c. 124, s. 45. Renewal under certain conditions. 103. Such license may be renewed, and the company may again transad business, if, within sixty days after notice to the Minister of the failure of the company to pay any undis- puted claim, or the amount of any final judgment as provided in the last preceding section, all undisputed claims or final judgments upon or against the company in Canada are paid and satisfied. E.S., c. 124, s. 46. Company ceasing busi- ness to re- insure. Delivery of securities. Companies ceasing to do Business and Release of Deposits. 104. When any company has ceased to transact business in Canada, and has given written notice to that effect to the Minister, it shall insure, on behalf of its Canadian policy- holders, all its outstanding risks, in some company or com- panies licensed in Canada, or obtain the surrender of the policies. 2. The securities of such company shall not be delivered to the company until all its outstanding risks are insured to the satisfaction of the Minister. R.S., c. 124, s. 47. Appli- cation for securities. Steps to be taken. Order for release of securities. Further releases. R.S., 1906. 105. Upon making application for its securities the com- pany shall file with the Minister a list of all Canadian policy- holders who have not been so reinsured, or who have not surrendered their policies ; and it shall at the same time publish in the Canada Gazette a notice that it has applied to the Minister for the release of its securities on a certain dav not less than three months after the date of the notice, and calling upon its Canadian policyholders opposing such release to file their opposition with the Minister on or before- the day so named. 2. After that day if the Minister, with the concurrence of the Treasury Board, is satisfied that the company has ample assets to meet its liabilities to Canadian policyholders, he may order that all the securities be released to it, or that a sufficient amount of them be retained to cover the value of all risks outstanding or respecting which opposition has been filed, and that the remainder be released. 3. Thereafter from time to time, as such risks lapse, or proof is adduced that they have been satisfied, further amounts 456 may Part IV. Insurance. Chap. 34. 35 may be released on the authority aforesaid. 57-58 V., c. 20, s. 14. 106. When a company has ceased to transact business in Payment of Canada after the notice bv this Part required has been given, loss es after . , . J , n -11 -I cancellation and its license has m consequence been withdrawn, such of license. company may, nevertheless, pay the losses arising upon policies not reinsured, or surrendered, as if such license had not been withdrawn. E.S., c. 124, s. 47. Fire Policies. 107. No fire policy shall be issued for or extend over a Duration, longer period than three years. R.S., c. 124, s. 48. PART IV. INSURANCE OTHER THAN LIFE, FIRE OR INLAND MARINE. Licenses. 108. jSTo company or person shall issue any policy other No business than a life, fire, or inland marine insurance policy, or receive j[ veyed upon the railway, or upon steam or other vessels connected therewitli ; (j) 'county' includes any union of counties, county, riding « County.' or like divison of a county in any province, or any division thereof into separate municipalities, in the province of Quebec ; (h) 'highway' means any public road, street, lane or other « Hihwav , public wav or communication; 473 (I) R.S., 1906. Chap. 36. Government Railways. ' Railway.' Constable.' Powers exercised by deputies. (1) ' railway ' means any railway, and all property and works connected therewith, under the management and direction of the Department ; (m) ' constable ' means a railway constable appointed under this Act. R.S., c. 38, s. 2; 50-51 V., c. 16, sch. A. 3. Whenever the powers herein given to the Minister are exercised by the superintendent, or by any other person or offi- cer, employee or servant of the Department thereunto specially authorized by the Minister, or his Deputy, or an acting deputy, the same shall be presumed to be exercised by the authority of the Minister, unless the contrary is made to appear. R.S., c. 38, s. 3. Application of Act. APPLICATION OF ACT. 4. This Act applies to all railways which are vested in His Majesty, and which are under the control and management of the Minister. R.S., c. 38, s. 4. Powers of Minister. To explore. Enter upon lands. Fix the site of railway. Fell timber. Construct necessary works. Make con- duits or drains. I ross or unite with other rail- ways. Carry rail- wax - across streams. R.S., 1906. POWERS. 5. The Minister may by himself, his engineers, superinten- dents, agents, workmen and servants, — (a) explore and survey the country through which it is pro- posed to construct any Government railway; (b) enter into and upon any public lands or the lands of any corporation or person whatsoever for that purpose; (c) make surveys, examinations or other arrangements on such lands necessary for fixing the site of the railway, and set out and ascertain such parts of the lands as are neces- sary and proper for the railway ; (d) fell or remove any trees standing in any woods, lands or forests where the railway is to pass, to the distance of six rods on either side thereof ; (e) make or construct in, upon, across, under or over any land, streets, hills, valleys, roads, railways or tramroads, canals, rivers, brooks, streams, lakes or other waters such temporary or permanent inclined planes, embankments, cuttings, aqueducts, bridges, roads, sidings, ways, pas- sages, conduits, drains, piers, arches or other works as he thinks proper; (f) make conduits or drains into, through or under any hinds adjoining the railway, for the purpose of conveying water from or to the railway: (g) cross, intersect, join and unite the railway with any other railway at any point on its route, and upon the lands of such other railway, with the necessary conveniences for the purposes of such connection ; (h) construct, maintain and work the railway across, along or upon any stream of water, watercourse, canal, high- way or railway which it intersects or touches; but the 474 stream, Government Railways. Chap. 36. 3 stream, watercourse, highway, canal or railway so inter- sected or touched, shall be restored to its former state, or to such state as not to impair its usefulness ; (i) make, complete, alter and keep in repair the railway, Make and with one or more sets of rails or tracks, to be worked by ^°^ ' the force and power of steam, or of the atmosphere, or of animals, or by mechanical power, or by any combination of them; ( j) erect and maintain all necessary and convenient build- Erect neces- ings, stations, depots, wharfs and fixtures, and from -^ J ( "' p " time to time, alter, repair or enlarge the same, and pur- chase and acquire stationary or locomotive engines and carriages, wagons, floats and other machinery necessary for the accommodation and use of the passengers, freight or business of the railway; (k) take, transport, carry and convey persons and goods on Cany per- the railway, and construct, make and do all other matters g^ s and things necessary and convenient for making, extending and using the railway; (I) enter into and upon any lands of His Majesty, or into Erect snow i ,i i i /• i t • fences on ad- and upon the lands oi any person whomsoever, lying joining lands. along the route or line of railway between the first day of November in any year and the fifteenth day of April next following, and erect and maintain temporary snow fences thereon, subject to the payment of such land damages, if any, 'as are thereafter established, in the manner by law provided, to have been actually suffered: Provided that all such snow fences so erected shall be removed on or before the fifteenth dav of April next following the erection there- of; (m) change the location of the line of railway in any parti- Change loca- cular part at any time, for the purpose of lessening a tahi cases. 61 curve, reducing a gradient, or otherwise benefiting such line of railway, or for any other purpose of public advan- tage; and all the provisions of this Act shall relate as fully to the part of such line of railway so at any time changed or proposed to be changed, as to the original line. 2. Where the Minister, in the execution of any of the powers Compensa- vested in him, effects a crossing;, intersection, junction or H 011 in . case of crossing union of the railway with any other railway at any point on of another its route, and upon the lands of such other railway, the Ex- ra,lw:iv - chequer Court of Canada shall, in the event of disagreement upon the amount of compensation to be made therefor or as to the point or manner of such crossing or connection, determine the same. E.S., c. 38, s. 5; 50-51 V., c. 16, b. 58. 6. The Minister may, by and with the authority of the Branch lines, Governor in Council, build, make and construct, and work and etc ' use, sidings or branch lines of railway, not exceeding in anv one case six miles in length for the purpose of, — 475 ' ( a ) U.S., 1906. 4 Chap. 36. Government Railways. (a) connecting any city, town, village, manufactory, mine, or any quarry of stone or slate, or any well or spring, with the main line of the railway, or with any branch thereof; or ' (b) giving increased facilities to business; or, (c) transporting the products of any such manufactory, mine, quarry, well or spring. Powers in 2. The Minister and those acting under him shall, for every such purpose, have and may exercise all the powers given them with respect to the main line; and all provisions of this Act which are applicable to extensions shall extend and apply to every such siding or branch line of railway. Branches not 3. If the branch or siding does not exceed one mile in length, onefrni'le^n the Minister may construct such branch or siding without an length, order in council; and in the event of his so constructing a branch or siding not exceeding one mile in length, all the pro visions of this Act which are applicable to extensions, as aforesaid, shall likewise apply in the manner aforesaid. U.S., c. 38, s. 6. Navigation 7. The Minister shall not cause any obstruction in or Fmpeded impede the free navigation of any river, stream or canal, to or across or along which the railway is carried. U.S., c. 38, s. 7. Provisions in 8. If the railway is carried across any navigable river or case railway cana i the Minister shall leave openings between the abut- crosses navi- . , gable river ments or piers of the bridge or viaduct over the same, and or canal. shall make the same of such clear height above the surface of the water, or shall construct such drawbridge or swing- bridge over the channel of the river, or over the whole width of the canal, as will prevent the free navigation of the river or canal from being obstructed or impeded, subject to such regulations as to the opening of such swingbridge or draw- bridge as the Governor in Council makes from time to time. R.S., c. 38, s. 8. Proper floor- 9. ISTo train shall be allowed to pass over any canal, or over ing of bridge, ^ Q navigable channel of any river, without such proper floor- ing being first laid under and on both sides of the railway track over such canal or channel as the Minister deems sufficient to prevent any thing falling from the railway into such canal or river, or upon the boats or vessels, or craft or persons navigat- ing such canal or river. U.S., c. 38, s. 9. Running Powers on Grand Trunk and Canada Atlantic. General de- 10. The Minister shall, subject to the provisions of this Act, claration have, for the purposes of and in connection with the business and traffic of any railway in his charge or direction by virtue of this Act, running powers over the whole or any portion of the line of the Grand Trunk Railway Company of Canada 476 between R.S., 1906. Government Railways. Chap. 36. 5 between Montreal and Coteau Junction, and over all or any of the lines and tracks of the system known or formerly known as the Canada Atlantic Railway System, as the said lines and tracks now exist or as they are hereafter constructed, recon- structed or extended. 4-5 E. VII., c. 36, s. 1. 11. Such running powers shall consist of the right, in per- Special de- petuity or for such period or periods from time to time as the such* running Governor in Council determines, to run the engines of any such powers. Government railway, alone or with trains, passenger, freight or mixed, as frequently and at such times as the Minister sees fit, each way, daily or otherwise, over the said lines and tracks, and shall include the right, from time to time as the Minister deems desirable, to use any or all of the terminals, buildings, stations, tracks, sidings, fixtures and appurtenances in connection with, appertaining to or forming part of the said lines and tracks to which such running powers extend as aforesaid, as they now exist or as they or any of them are hereafter constructed, recon- structed or extended, and any other terminals, buildings, stations, tracks, sidings, fixtures or appurtenances in addition thereto or in lieu thereof, now or hereafter owned, leased or used in connection with the said lines and tracks to which the said running powers extend, or by the Government for the pur- poses of any such Government railway. 4-5 E. VII. , c. 36, s. 2. 12. In exercising any such running powers, the Minister Through shall have the power to do a through freight and passenger busi- ^"as^oca!. ness and a local passenger business. 4-5 E. VII., c. 36, s. 3. 13. The Minister shall submit all tariffs of the tolls to be Railway charged for the carriage of traffic upon the said lines and tracks £g m Jjven° n " to which such running powers extend to the Board of Railway jurisdiction Commissioners for Canada, as and in the manner in the Rail- as to tanff8 - way Act provided for the submission of tariffs by railway com- panies to such Board, and the Board shall have the like jurisdic- tion with regard to the approval, disallowance and substitution of tariffs so submitted by the Minister as it has under the said Act, in the case of the tariffs submitted by railway companies. 4-5 E. VII., c. 36, s. 4. 14. The terms and conditions, and the Dayment or compen- Board to fix sation upon, for or subject to which the said runninrr powers terms and i i i -ii i • ,, . , , , , & . , , conditions. may be so exercised shall, subject to this Act, be determined by the said Board upon the application of the Minister in accord- ance with the rules of procedure of the Board, subject to a right of appeal to the Supreme Court of Canada. 2. ISTo compensation shall be payable for such running powers Compensa- unless or until they are actually exercised, and then only in so tion - far as they are exercised. 4-5 E. VII., c. 36, s. 5. 477 15. R.S., 1906. Chap. 36. Government Railways. Obstructions. HIGHWAYS AND BRIDGES. Consent of 15. The railway shall not be carried along an existing high- 1 x ' way, but shall merely cross the same in the line of the railway, unless leave has been obtained from the proper municipal or local authority therefor. ■1. No obstruction of such highway with the works shall be made without diverting the highway so as to leave an open and good passage for carriages, and, on the completion of the works, the highway shall be replaced. 3. In either case the rail itself, if it does not rise above or sink below the surface of the road more than one inch, shall not be deemed an obstruction. 4. This section shall not limit or interfere with the powers of the Minister to divert or alter any road, street or way, when another convenient road is substituted in lieu thereof. U.S., c. 38, s. 10. Rise of rail above road limited. Height of bridge over highway. 16. Xo part of the railway which crosses any highway, unless carried over by a bridge, or under by a tunnel, shall rise above or sink below the level of the highway more than one inch ; and the railway may be carried across or above any highway subject to the provisions aforesaid. R.S., c. 38, s. 11. 17. The span of the arch of any bridge erected for carrying the railway over or across any highway, shall be constructed and continually maintained at an open and clear breadth and spnce, under such arch, of not less than twenty feet, and of a height from the surface of such highway to the centre of such arch of not less than twelve feet; and the descent under any such bridge shall not exceed one foot in twenty feet. U.S., c. 38, s. 12. Ascent of 18. The inclination of the ascent or descent of all bridges hie^hiehway erect ed to carry any highway over any railway shall not be more over railway, than one foot in twenty feet increase over the former ascent of the highway; and a good and sufficient fence shall be made on each side of every bridge, which fence shall not be less than four feet above the surface of the bridge. U.S., c. 38, s. 13. Height of 19. Every bridge or other erection or structure or tunnel bridge carry- through or under which anv railway to which this Act applies ing nign\\a> o < . •. . 1 • . over railway, passes, shall, at all times be so maintained as to admit of an open ami clear headway of at least seven feel between the top of the highest freight cars used on the railway and the bottom of the lower beams, members or portions of that part of such bridge, erection, structure or tunnel which is over the railway. 2. The Minister, before using higher freight cars than those which admit of such open and clear headway of at least seven feet, shall, after having first obtained the consent of the municipality or of the owners of such bridge or other erection, 478 ■ structure R.S., 1906. To be raised if higher freight cars. Government Railways. Chap. 36. 7 structure or tunnel, raise every such bridge or other erection, structure or tunnel, and the approaches thereto, if necessary, so as to admit of such open and clear headway of at least seven feet : Provided that this section shall not apply to any bridge, Proviso as to erection, structure or tunnel existing before the first day of bridges" March, one thousand eight hundred and eighty-seven, which is exempted by the Governor in Council. U.S., c. 38, s. 14. 20. Whenever a highway bridge or any other erection, or Height of structure, or tunnel, is constructed over or on the line of a bridges! etc., railway, or whenever it becomes necessary to reconstruct any over rail- highway bridge or other erection, or structure, or tunnel already built over or on the line of railway, or to make large repairs to the same, the lower beams, members or portions of the super- structure of any such tunnel, highway or overhead bridge, or of any other erection or structure over any railway, and the approaches thereto, shall be constructed or reconstructed at the cost of the Crown or of the municipality or other owner of the bridge, erection, structure, or tunnel, as the case may be, and shall at all times, be maintained at a sufficient height from the surface of the rails of the railway, to admit of an open and clear headway of at least seven feet between the top of the highest freight cars then used on the railway and the lower beams, members or portions of such bridge or other erection, or tunnel. 2. After any such construction, reconstruction or large Provision if repairs) the Minister, before using higher freight cars than freight cars those used on the railway at the time of such construction, are used. reconstruction, or large repairs, shall, after having first obtained the consent of the municipality, or of the owners of such high- way bridge, or other erection or structure, or tunnel, raise the said tunnel or bridge, or other erection or structure, and the approaches thereto, if necessary, so as to admit, as aforesaid, of an open and clear headway of at least seven feet over the top of the highest freight cars, then about to be used on the railway. E.S., c. 38, s. 14. 21. Sign-boards stretching across or projecting over the Sign-boards highway crossed at a level by any railway, shall be erected crossings. 3 and kept up at each crossing at such height as to leave sixteen feet from the high way to the lower edge of the sign-board. 2. Such sign-board shall have the words Railway Crossing painted on each side of the sign-board, in letters not less than six inches in length. U.S., c. 38, s. 15. FENCES. 22. Within six months after any lands have been taken Fences on for the use of the railway, tin' Minister, if thereunto required ***}* slcie •?£ ' . . i railway with by the proprietors of the adjoining lands, shall erecl and there gates and after maintain, on each side of the railway, fences at least four cro88,ng8 ' feet high and of the strength of an ordinary division fence, " 479 with R.S., 1906. Chap. 36. Government Railivays. Cattle-guards at all public road cross- ings. Hurdle gates when to be proper fastenings. Railway gates at crossing. with swing gates or sliding gates, commonly called hurdle gates, with proper fastenings, at farm crossings of the railway, for the use of the proprietors of the lands adjoining the railway. 2. The Minister shall also, within the time aforesaid, con- struct and thereafter maintain cattle-guards at all public road crossings, suitable and sufficient to prevent cattle and animals from getting on the railway. 3. In the case of a hurdle gate fifteen inches longer than the opening, two upright posts supporting the gate at each end shall be deemed to be proper fastenings within the meaning of this section. 4. Every railway gate at a farm crossing shall be of sufficient width for the purposes for which it is intended. R.S., c. 38, s. 16 ; 50-51 V., c. 18, s. 2. Liability in 23. Until such fences and cattle-guards are duly made, fences 1 and an d at any time thereafter during which such fences and cattle-guards, cattle-guards are not duly maintained, His Majesty shall, sub- ject to the provisions of this Act relating to injuries to cattle, be liable for all damages done by the trains or engines on the railway, to cattle, horses or other animals on the railway, which have gained access thereto for want of such fences and cattle- guards. E.S., c. 38, s. 17. Liability 24. After the fences or guards have been duly made, and and e main- Cted while they are maintained, no such liability shall accrue for tained. any such damages, unless negligently or wilfully caused. R.S., c. 38, s. 18. Crossings to be fenced. 25. At every road and farm crossing on the grade of the rail- way, the crossing shall be sufficiently fenced on both sides so as to allow of the safe passage of trains. R.S., c. 38, s. 19. Cattle not to be at large on highway within a certain dis- tance of railway. INJURIES TO CATTLE. 26. Xo horses, sheep, swine or other cattle shall be permitted to be at large upon any highway within half a mile of the in- tersection of such highway with any railway on grade, unless such cattle are in charge of some person to prevent their loiter- ing or stopping on such highway at such intersection. R.S., c. 38, s. 20. May be impounded. 27. All horses, sheep, swine or other cattle found at large in violation of the next preceding section may, by any person finding the same at large, be impounded in the pound nearest to the place where the same are so found and the pound keeper with whom the same are so impounded shall detain the same in the like manner, and subject to the like regulations, as to the care and disposal thereof, as in the case of cattle impounded for trespass on private property. R.S., c. 38, s. 21. 480 28. R.S., 1906. Government Railways. Chap. 36. 9 28. If the horses, sheep, swine or other cattle of any person, if killed, etc., which are at large contrary to the provisions hereinbefore ^ Maj est y contained, are killed or injured by any train at such point of intersection, such person shall not have any right of action or be entitled to compensation in respect of the same, unless they are Exception, killed or injured through the negligence or wilfulness of some officer, employee or servant of the Minister. E.S. c. 38, s. 22. 29. Neither His Majesty, nor any officer, employee or ser- No liability vant of the Minister, except where the killing or injuring is C aseT tam negligent or wilful, shall be liable for any damage done by any train or engine to cattle, horses or other animals, on the rail- way, in any of the following cases, that is to say : — (a) When they are permitted to be at large upon a highway, Cattle at within half a mile of the intersection of the highway with arge ' any railway on grade, and not in charge of some person to prevent their loitering or stopping on the highway at such intersection ; (b)When they gain access to the railway from property other Coming from than that of the owner, or other than that in which the certain lands, owner has a right of pasturage ; (c) When they gain access to the railway through a gate of Or through a farm or private crossing, the fastenings of which are in unfastened. good order, unless such gate is left open by an employee of the Minister ; (d) When they gain access to the railway through or over a Or through fence at least four feet high, and of the strength of an fence P ro " ordinary division fence, erected and maintained by the per Minister as hereinbefore provided ; (e) When they are at large and not in charge of some person Or, being at as hereinbefore provided, and gain access to the railway lar 8 e - sain from the highway at the point of intersection. R.S., c. 38, ' s. 23. WORKING THE RAILWAY. 30. There shall be provided and used in and upon trains run Certain con- » x , /. i j trivances to for the conveyance ol passengers, such apparatus and arrange- be used on ments as best and most securely place and fix the seats or chairs passenger in the cars or carriages, and as best afford good and sufficient means, — (a) of immediate communication between the conductors and the engine drivers of such trains while the trains are in motion ; and, (b) of applying, by the power of the steam engine or other- wise, at the will of the engine driver or other person ap- pointed to such duty, the brakes to the wheels of the loco- motive or tender, or both, or of all or any of the cars or carriages composing the trains ; and, (c) of disconnecting the locomotive, tender and cars or car- riages from each other by any such power or means. U.S., c 38, s. 24. 31 IM 31. E.S., 1906. 10 Chap. 36. Government Railways. Stop at crossing of another rail- way. Proviso: Interlocking system of switching. 31. Every locomotive or railway engine, or train of cars on the railway, shall, before it crosses the track of any other rail- way on a level, be stopped for at least the space of one minute : Provided that, whenever there has been adopted and is in use on any Government railway at any crossing thereof at rail level by any other railway an interlocking switch and signal system or other device, which, in the opinion of the Minister, will render it safe to permit engines and trains to pass over such crossing without being stopped, the Minister may, by written order, give permission for engines and trains to pass without stopping, under such regulations as to speed and other matters as the Minister deems proper. 2. The Minister may at any time modify or revoke such order. E.S., c. 38, s. 25 ; 50-51 V., c. 18, s. 1. 32. When a railway passes any draw or swingbridge over a navigable river, canal or stream, which is subject to be open for the purposes of navigation, the trains shall in every case be stopped at least three minutes before crossing to ascertain from the bridge tender that the said bridge is closed and in perfect order for passing. R.S., c. 38, s. 26. Watchman 33. An employee shall be stationed at each point on the line crossing. crossed on a level by any other railway, and no train shall pro- ceed over such crossing until signal has been made to the con- ductor thereof that the way is clear. R.S., c. 38, s. 27. Stop at draw or swing- bridge. Reduced speed through cities, etc. 34. iSTo locomotive or railway engine shall pass in or through any thickly peopled portion of any city, town or village at a speed greater than six miles per hour, unless the track is pro- perly fenced. R.S., c. 38, s. 28. Precautions 35. Whenever any train of cars is moving reversely in any reverseTy™ 118 C ^J> town or viU a g e > the locomotive being in the rear, a person shall be stationed on the last car in the train, who shall warn persons standing on or crossing the track of the railway, of the approach of such train. R.S., c. 38, s. 29. Bell and whistle. How and when to be used. Failure en- tails liability to damages. Liability of engineer. 36. Every locomotive engine shall be furnished with a bell of at least thirty pounds weight, and with a steam whistle. R.S., c. 38, s. 35. 37. The bell shall be rung or the whistle sounded at the distance of at least eighty rods from everv place where the rail- way crosses any highway, and shall be kept ringing or be sounded, at short intervals, until the engine has crossed such highway. 2. His Majesty shall be liable for all damages sustained by any person by reason of any neglect to complv with this provi- sion. 3. One-half of such damages shall be chargeable to and be deducted from any salary due to the engineer having charge of 482 such R.S., 1906. Government Railways. Chap. 36. 11 such engine, and neglecting to sound the whistle or ring the bell as aforesaid, or shall be recoverable from such engineer. E.S., c. 38, s. 36. 38. Every servant of the Minister employed on a passenger Certain train, or at a station for passengers, shall wear, upon his hat or fo^wear 68 cap, a badge which shall indicate his office; and he shall not, badges, without such badge, be entitled to demand or receive from any passenger any fare or ticket, or to exercise any of the powers of his office, or to interfere with any passenger or his baggage or property. R.S., c. 38, s. 30. 39. The trains shall be started and run at regular hours Trains to be fixed by public notice, and shall furnish sufficient accommoda- lar hours and tion for the transportation of all such passengers and goods as to f u F ni s Q are within a reasonable time previous thereto offered for trans- accommoda- portation at the place of starting, and at the junctions of other tlon- railways, and at usual stopping places established for receiving and discharging way-passengers and goods from the trains. R.S., c. 38, s. 31. 40. Such passengers and goods shall be taken, transported Passengers and discharged at, from and to such places, on the due pay- D e carried. ° ment of the toll, freight or fare lawfully authorized therefor. R.S., c. 38, s. 32. 41. His Majesty shall have a lien on all goods transported Lie . n f °r over the railway, for the freight and charges thereon, as well as charges on for any balance previously due for freight or otherwise by the goodscarried. owner or consignee ; and the said goods shall be liable to be sold by public auction for the payment of the charges thereon and other balances due. 2. If the owner or his agent does not, within ten days after Sale of such the arrival of the goods at the place of destination, pay the [j ? ds u m f freight and other charges due thereon, or payable in respect payment. thereof, and take possession of and remove the goods from the railway premises, the superintendent may sell the same at public auction, after giving ten days' public notice of such sale, to defray the railway claims and all expenses incurred in respect thereof, and in the meantime the said goods shall be at the risk of the owner thereof. R.S., c. 38, s. 33. 42. If any goods remain in the possession of His Majesty Sale ? f unclaimed for the space of twelve months, the superintendent goods"" 61 may thereafter, and on giving public notice thereof by adver- x otice of tisement for six weeks in the official gazette of the province in sale, which such goods are, and in such newspapers as he deems neces- sary, sell such goods by public auction at a time and place mentioned in such advertisement, and mav, out of the proceeds Proceeds of thereof, defray the railway claims and all expenses incurred *pp]j e ™ in respect thereof; and the balance of the proceeds, if anv, shall 3H 483 be R.S., 1906. 12 Chap. 36. Government Railways. be paid to the Minister of Finance, to be kept until claimed by the person entitled thereto. R.S., c. 38, s. 34. Passengers to 43, Passengers shall produce and deliver up their railway tickets or be tickets to the conductor or other person in charge of the train, removed. whenever requested so to do by such officer; and if any passen- ger refuses so to do, or to pay the proper fare, he may be Proviso. removed from the train: Provided that a passenger shall not be so removed unless the place of removal is not more than half a mile distant from a station, or not more than a mile distant from a dwelling house in sight of the place of removal and accessible therefrom, and that before such removal, the train shall be stopped. 2. Xo unnecessary force shall be used in such removal. R.S., c. 38, s. 37. Xon-recourse 44, Xo person who is injured while on the platform of a of passengers , , " . . , . r , . . injured while car, or on any baggage, wood or freight car, in violation of any standing on printed regulations posted up at the time in a conspicuous place etc. inside of the passenger cars then in the train, shall have any claim in respect of the injury, if there was at the time room inside of such passenger cars, sufficient for the proper accom- modation of the passengers. U.S., c. 38, s. 38. Parcels sus- 45, \ n y officer, employee or servant of the Minister may dangerous refuse to take any package or parcel which he suspects to con- f"* y ( i be re " tfl i n goods of a dangerous nature, and may require the same to be opened to ascertain the fact. Cars carrying 2. Xo such goods of a dangerous nature shall be carried, coodsTobe except in cars specially designated for that purpose, on each side marked. f which shall be plainly marked, in large letters, the words Dangerous Explosives. R.S., c. 38, s. 39. TOLLS. Governor in 46. The Governor in Council may impose and authorize the fixToTls/ collection of tolls and dues upon any railway vested in His Majesty, or under the control or management of the Minister, and, from time to time, in like manner, may alter and change such tolls or dues, and may declare the exemptions therefrom. ITow payable. 2. All such tolls and dues shall be payable in advance, if so demanded by the collector thereof. E.S., c. 38, s. 40. Pecovery of 47, All such tolls and due? may be recovered, with costs, in any court of competent jurisdiction, by the collector or person appointed to receive the same, in his own name or in the name of His Majesty, and by any form of proceeding by which debts to Bis Majesty may be recovered. R.S., c. 38, s. 41. To be paid 48. All tolls, dues or other revenues imposed and collected in respect of any Government railway, shall be paid by the per- 484 sons R.S., 1906. Government Railways. Chap. 36. 13 sons receiving the same to the Minister of Finance, in such Minister of manner and at such intervals as are appointed by him ; but such Finance - intervals shall in no case exceed one month. U.S., c. 38, s. 42. RULES AND REGULATIONS. 49. The Governor in Council may, from time to time, make Governor in such regulations as he deems necessary, — Council may (a) for the management, proper use and protection of all or tions. any of the Government railways, including station houses, yards and other property in connection therewith ; (b) for the ascertaining and collection of the tolls, dues and revenues thereon ; (c) to be observed by the conductors, engine drivers and other officers and servants of the Minister, and by all companies and persons using such railways ; (d) relating to the construction of the carriages and other vehicles to be used in the trains on such railways. U.S., c. 38, s. 43. 50. The Governor in Council may, by such regulations, — May impose (a) impose such fines, not exceeding in any one case four Nation f hundred dollars, for any violation of any such regulation, regulations, as he deems necessary for ensuring the observance of the same and the payment of the tolls and dues to be imposed as aforesaid ; and, (b) provide for the retention out of the salary of any officer, employee or servant of the Minister, of the amount of any forfeiture incurred by him for violation of any such regu- lation. R.S., c. 38, s. 44. 51. The Governor in Council may also, by such regulations, Detentiun provide for the detention and seizure, at the risk of the owner of carriages, 1 P . ■, , . , j animals, tim- ol any carriage, animal, timber or goods, — ber or goods (a) on which tolls or dues have accrued and have not been lu ceitai n 1 ' . , cases. paid ; or, (b) in respect of which any such regulations have been vio- lated; or, (c) in respect of which any injury has been done to such railways and not paid for; or, (d) for or on account of which any fine has been incurred and remains unpaid. R.S., c. 38, s. 44. 52. The Governor in Council may also, by such regulations, Sale of provide for the sale of any such carriage, animal, timber or articles in goods, if such tolls, dues, damages or fine is not paid by the time case "t non- fixed for the purpose, and for the payment of such tolls, dues. j^JS^ damages or fine, out of the proceeds of such sale. 2. The surplus, if any, shall be returned to the owner or his Surplus, agent. R.S., c. 38, s. 44. 485 - 53. R.S., 1906. 14 Recovery of tolls by action. Chap. 36. Government Railways. 53. No regulations made under this Act shall impair the right of the Crown to recover such tolls, dues, fines or damages in the ordinary course of law ; and any such tolls, dues, fines or damages may always be recovered under the foregoing provi- sions of this Act. E.S., c. 38, s. 44. Regulations 54, All sucn regulations made under this Act shall be taken tnisT-Act ' and read as part of this Act. R.S., c. 38, s. 44. Railways to be public works. GENERAL. 55. All Government railways are and shall be public works of Canada. R.S., c. 38, s. 45. Construction of lines of telegraph. 56. The Governor in Council may, at any time, cause a line or lines of electric telegraph to be constructed along the line of the railway, for the use of the Government of Canada, and, for that purpose, may enter upon and occupy such lands as are necessary for the purpose. R.S., c. 38, s. 46. Use of com- panies' tele- graphs by Government. 57. Every company owning or operating an electric tele- graph shall, when required so to do by the Governor in Council, or any person authorized by him, place the same, and the apparatus and operators used or employed in connection there- with at the exclusive use of the Government of Canada, and shall thereafter be paid reasonable compensation for such service. R.S., c. 38, s. 47. Conveyance of H. M's etc what condi tions 58. His Majesty's naval or military forces, and all artillery, forces, mails, ammunition, baggage, provisions or other stores for their use, and on an( j a ]j ffi cers ana * others travelling on His Majesty's naval, • • 1 111 military or other service, and their baggage and stores, shall, at all times, when such service is required by one of His Majesty's principal secretaries of state, or by the commander of His Majesty's forces in Canada, or by the chief naval officer on the North American or North Pacific station, be carried on the rail- way on such terms and conditions and under such regulations as the Governor in Council makes, from time to time, or as are agreed upon between the Government of Canada and one of His Majesty's principal secretaries of state. R.S., c. 38, s. 48. Witnesses may be ex- amined. 59. The Minister, or any person acting for him, in investi- gating or making inquiry into any accident upon the railway, or relating to the management of the railway, may examine wit- nesses under oath; and for that purpose may administer such oath. R.S., c. 38, s. 49. Notice, etc., not to re- lieve from liability. R.S., 1906. 60. His Majesty shall not be relieved from liability by any notice, condition or declaration, in the event of any damage arising from any negligence, omission or default of any officer, employee or servant of the Minister; nor shall any officer, em- 486 ployee Government Railways. Chap. 36. 15 ployee or servant be relieved from liability by any notice, condition or declaration, if the damage arises from his negli- gence or omission. U.S., c. 38, s. 50. 61. All thistles and other noxious weeds growing on the Noxious cleared land or ground adjoining the railway and belonging to ^ d wn. the railway shall be cut down and kept constantly cut down, or rooted out. U.S., c. 38, s. 51. 62. All proclamations, regulations and orders in council Publication made under this Act shall be published in the Canada Gazette, tions, etc. R.S., c. 38, s. 52. PROTECTION OF OFFICERS. 63. No action shall be brought against any officer, Limitation of employee or servant of the Minister for anything done by virtue against of his office, service or employment, unless within three months employees, after the act is committed, and upon one month's previous notice thereof in writing; and the action shall be tried in the county or judicial district where the cause of action arose. U.S., c. 38, s. 53. RAILWAY CONSTABLES. 64. (a) Any two justices of the peace, or a stipendiary or Appointment police magistrate, in the province of Ontario, Nova Scotia, of constable8 - New Brunswick, Manitoba, British Columbia, or Prince Edward Island or in the Northwest Territories ; (b) Any judge of the Court of King's Bench or Superior Court, or clerk of the peace or clerk of the Crown, or judge of the sessions of the peace, in the province of Quebec ; (c) In the province of Saskatchewan or Alberta, any judge of the Supreme Court of the Northwest Territories, pend- ing the abolition of the said Court in the province, and thereafter any judge of such superior court as may be established by the legislature of the province, in lieu there- of ; and, (d) Any judge of the Territorial Court or any two justices of the peace or a stipendiary or police magistrate in the Yukon Territory; may, on the application of the superintendent of any railway which passes within the local jurisdiction of such justices of the peace, magistrate, judge, clerk, or judge of the sessions of the peace, as the case may be, in their or his discretion, appoint any persons recommended for that purpose by such superinten- dent to act as constables on and along the railway. 487 2. R.S., 1906. 16 Chap. 36. Government Railways. Oath of office. 2. Every person so appointed shall take an oath or make a solemn declaration in the form or to the effect following, that is to say : — ' I, A. B., having heen appointed a constable to act upon and along (here name the railway), under the provisions of the Government Railways Act, do swear that I will well and truly serve our Sovereign Lord the King, in the said office of con- stable, without favour or affection, malice or ill-will ; and that 1 will, to the best of my power, cause the peace to be kept, and prevent all offences against the peace ; and that while I continue to hold the said office I will, to the best of my skill and know- ledge, discharge the duties thereof faithfully, according to law. So help me God.' E.S., c. 38, s. 54. By whom oath to be adminis- tered. Powers of constables. Idem. 65. Such oath or declaration shall be administered in the province of Ontario, jSTova Scotia, Kew Brunswick, Manitoba, British Columbia, or Prince Edward Island, or in the North- west Territories, by any one such justice or magistrate, and, in the province of Quebec, by any such judge, clerk, or judge of the sessions of the peace, and in the provinces of Saskatchewan and Alberta, and in the Yukon Territory, by any such judge or magistrate or by any justice of the peace. 2. Every constable who is so appointed, and has taken such oath or made such declaration, may act as a constable for the preservation of the peace, and for the security of persons and property against unlawful acts on such railway, or on any of the works belonging thereto, or on and about any trains, roads, wharfs, quays, landing-places, warehouses, lands and premises thereof, whether the same are in the county, city, town, parish, district or other local jurisdiction within which he was appointed, or in any other place through which such railway passes, or in which the same terminates, and in all places not more than one-quarter of a mile distant from such railway. 3. Such constable shall have all such powers, protections and privileges for the apprehending of offenders, as well by night as by day, and for doing all things for the prevention, discovery and prosecution of crimes and other offences, and for keeping the peace, which any constable duly appointed has within his constablewick. R.S., c. 38, s. 54. Idem. 66. Any such constable may take such persons as are punish- able by summary conviction for any offence against the provi- sions of this Act, or of any of the Acts, rules or regulations affecting any such railway, before any justice or justices ap- pointed for any county, city, town, parish, district or other local jurisdiction within which any such railway passes; and every such justice may deal with all such cases as though the offence had been committed and the person taken within the limits of his own local jurisdiction. U.S., c. 38, s. 54. 488 67. R.S., 1906. Government Railways. Chap. 36. 17 67. Any judge, or two justices of the peace, or stipendiary Dismissal, magistrate or police magistrate, or other officer, having power as hereinbefore provided to appoint persons to act as constables on and along the railway, may dismiss any such constable acting within his or their jurisdiction ; and the superintendent may dismiss any such constable who is acting on such railway ; and upon every such dismissal, all powers, protections and privileges belonging to any such person by reason of such appointment, shall wholly cease ; and no person so dismissed shall be again appointed or act as constable for such railway, without the con- sent of the authority by whom he was dismissed. R.S., c. 38, s. 54. 68. The superintendent shall cause to be recorded in the Record of office of the clerk of the peace or of the municipality for every constables - county, city, town, parish, district or other local jurisdiction through which such railway passes, the name and designation of every constable so appointed at his instance, the date of his appointment and the authority making it, and also the fact of every dismissal of any such constable, the date thereof, and the authority making the same, within one week after the date of such appointment or dismissal, as the case may be. 2. Such clerk of the peace or of the municipality shall keep Q pen to such record, in such form as the Governor in Council from time inspection. ro time directs, in a book which shall be open to public inspec- tion, on payment of such fee or fees as the Governor in Council, from time to time, authorizes. U.S., c. 38, s. 54. PENALTIES AND FORFEITURES. 69. Every constable who is guilty of any neglect or breach runishment of duty in his office of constable, shall be liable, on summary f constable3 conviction thereof, within any county, city, district or other or breach of local jurisdiction through which the railway passes, to a penalty duty - not exceeding eighty dollars or to imprisonment for a term not exceeding two months. 2. The amount of such penalty may be deducted from any salary due to such offender, if such constable is in receipt of a salary from the Minister. U.S., c. 38, s. 55. 70. Every person who assaults or resists any constable in the Resisting or execution of his duty, or who incites any person so to do, shall, assaul V?g j. i a ' i r ii *■ .. ' constables, lor every such offence, be liable, on summary conviction, to a penalty not exceeding eighty dollars, or to imprisonment with or without hard labour for a term not exceeding two months. U.S.. c. 38, s. 56. 71„ Every officer or agent of the Minister, and every con- pi acing ductor of a train, who directs or knowingly permits any baggage, freight cars, freight, merchandise or lumber cars to be placed in rear of the oT passenger passenger cars, is guilty of an indictable offence, and shall be cars > an in " punishable accordingly. R.S., c. 38, s. 57. offe^ 489 72. R.S., 1906. 18 Chap. 36. Government Railways. Driver or 72. Every person who is intoxicated, while he is in charge intoxicated, of a locomotive engine, or acting as the conductor of a car or train of cars, is guilty of an indictable offence. R.S., c. 38, s. 58. Officers or 73, Every officer or servant of, and every person employed travening by the Minister on any railway under the control of the Minis- regulations, t er> wno w ilf u lly or negligently violates any rule, order or regu- lation of the Department, or regulation of the Governor in Council, lawfully made or in force, respecting the railway on which he is employed, and of which a copy has been delivered to him, or has been posted up or open to his inspection in some place where his work or his duties, or any of them, are to be performed, is guilty of an indictable offence if such violation If any pro- causes injury to any property or to any person, or exposes any perty^ or^ per- p r0 p e rty or an y person to the risk of injury, or renders such by injured, risk greater than it would have been but for such violation, although no actual injury occurs. Fine and nn- 2. Such person shall, in the discretion of the court before prisonment. ,.,i . • • i i i i • i which the conviction is had, and according as such court con- siders the offence proved to be more or less grave, or the injury or risk of injury to person or property to be more or less great, Penalty. b e punished by a fine not exceeding four hundred dollars, or by imprisonment not exceeding the term of five years, or by both fine and imprisonment. R.S., c. 38, s. 59. If no injury 74, jf sucn violation does not cause injury to any property or exposure . !fi • 1 F • • to injury. or person or expose any property or person to the risk 01 injury, or make such risk greater than it would have been but for such violation, the officer, servant or other person guilty thereof shall, in the discretion of the justice of the peace before whom the Penalty. conviction is had, incur a penalty not exceeding the amount of thirty days' pay and not less than fifteen days' pay of the offender from the Department. Recovery of 2. Such penalty shall be recoverable, before any one justice of the peace having jurisdiction where the offence was com- mitted, or where the offender is found. U.S., c. 38, s. 60. Sending dan- ^5 jT ver y person who sends or carries, by the railway, any unmarked aquafortis, oil of vitriol, gunpowder, dynamite, nitro-glycerine, and without or anv ^ ner goods of a dangerous nature, without, at the time of sending or carrying the said goods, distinctly marking their nature on the outside of the package containing the same, and otherwise giving notice in writing to the station master or other servant of the Minister with whom the same are left, shall incur Penalty. a penalty of five hundred dollars for every such offence. R.S., c. 38, s. 61. Obstructing 76. Every person who wilfully obstructs any officer or employees employee of the railway in the execution of his duty, shall, on in the exe- summary conviction, be liable for every offence to a penalty not 490 exceeding R.S., 1906. Government Railways. Chap. 36. 19 exceeding forty dollars ; and in default of payment to imprison- c " t ! on , of ment for any term not exceeding three months. R.S., c. 38, s. 63. 77. Every person who rides, leads or drives any horse or Going on any other animal, or permits any such horse or other animal to cattTe^etc! enter upon the railway, and within the fences and guards, without the consent of an officer or employee of the Minister, shall, for every such offence, incur a penalty not exceeding forty dollars, and shall also pay to the person aggrieved all damages sustained thereby: Provided that no person shall be ProV180 - liable to the said penalty when he rides, leads or drives any horse or other animal over a farm crossing, unless he allows such horse or other animal to unnecessarily loiter or remain upon the railway or the appurtenances thereof. R.S., c. 38, s. 64. 78. Every person not connected with the Department or Penalty for i wn.Ik.intr ciloncr employed by the Minister, who walks along the track of the track, railway, except where the same is laid across or along a high- way, shall, for every such offence, incur a penalty not exceeding twenty dollars. R.S., c. 38, s. 65. 79. Except as herein otherwise provided, all pecuniary Recovery of penalties imposed by this Act, or by any regulation made under {J| n aKZ the authority hereof, shall be recoverable with costs on summary conviction before a justice of the peace, and, in default of immediate payment of such penalty, after conviction therefor, may be levied by distress and sale of the goods and chattels of the offender, and, for want of sufficient distress and in default of immediate payment, such offender shall be liable to imprison- Im prison- ment for any term not exceeding thirty days, unless a longer f default. time is, by this Act, in that behalf provided. 2. A moiety of every penalty shall belong to His Majesty ^/'^aiues for the public uses of Canada, and the other moiety to the informer, unless he is an officer or servant of or person in the employ of the Minister, in which case the whole penalty shall belong to His Majesty for the uses aforesaid. R.S., c. 38, s. 66. INTERCOLONIAL RAILWAY. 80. All railways, and all branches and extensions thereof, p a ^f a :,loniaI and ferries in connection therewith, vested in His Majesty, defined, under the control and management of the Minister, and situated in the provinces of Quebec, Nova Scotia and New Brunswick, are hereby declared to constitute and form the Intercolonial Railwav. 54-55 V., c. 50, s. 1. 491 81. R.S., 1906. •20 Defeats in expropria- tion for In- tercolonial cured. Chap. 36. Government Railways. Idc Certified copy, evidence. 81. In the case of lands which were taken for the [ntercoloiiial Railway, under an Act passed in the thirty -firsl year of the reign of Her late Majesty Queen Victoria, intituled An Act respecting the construct ion of the Intercolonial Railway, if a plan of such lands was deposited of record in the office of the registrar of deeds for the county or registration division in which the lands were situate, but no description thereof was so deposited, as in the seventh section of the said Act required, the deposit of the plan only shall be held, taken and construed to have been a sufficient compliance with the provisions of the said section, and to have operated as a dedication to the public of such lands whereupon the same became and were vested in Her late .Majesty. R.S., c. 38, s. 68. 82. In any case where lands now in the possession of His Majesty for the said railway were taken under any Act of the province of IS'ova Scotia or New Brunswick and, — (a) in which, under the provisions of such Act, a plan and description of the lands so taken should have been re- corded, filed or deposited in the office of the registrar of deeds of the county in which such lands were situate, but a plan only, without any description, was in fact so recorded, filed or deposited ; or, (b) in which a plan and description or plan only of the lands taken was recorded, filed or deposited as aforesaid, although the Act under which the lands were taken did not require any plan or description to be so recorded, filed or deposited ; the recording, filing or depositing of the plan and description, or of the plan only, as the case may be, shall be taken and con- strued to have been a sufficient compliance with the provisions of such Act, and to have vested in the Crown such an interest in the lands taken as would now be vested in the Crown if the provisions of such Act had been fully and literally complied with. 2. A certified copy of any such plans and descriptions, or plans only, as the case may be, mentioned in this or the last pre- ceding section, may be used and shall be evidence in like man- ner and with the like effect and under like circumstances as is provided in the Expropriation Act in regard to the plans and descriptions therein mentioned. U.S., c. 38, ss. 6S and 69. OTTAWA: Printed by Samuel Edward Dawson, Law Printer to the King's most Excellent Majesty. R.S., 1906. 492 CHAPTER 37. An Act respecting Railways. SHORT TITLE. 1. This Act may be cited as the Railway Act. 3 E. VII. , Short title - c. 58, s. 1. INTERPRETATION. 2. In this Act, and in any Special Act as hereinafter defined, Definitions, in so far as this Act applies, unless the context otherwise requires, — (1) 'Board' means the Board of Railway Commissioners ' Board.' for Canada ; (2) ' by-law,' when referring to an act of the company, in- ' By-law.' eludes a resolution ; (3) ( charge,' when used as a verb with respect to tolls, ' Charge.' includes to quote, demand, levy, take or receive; (4) ' company ' * Company.' (a) means a railway company, and includes every such company and any person having authority to construct or operate a railway, (b) in the sections of this Act relating to telephone tolls, means a company, as defined in the last preceding para- graph, having authority to construct and operate, or to operate a telephone system or line and to charge tele- phone tolls, and includes also a telephone company and every company and person having legislative authority from the Parliament of Canada to construct and oper- ate, or to operate a telephone system or line, and to charge telephone tolls, and (c) in the sections of this Act which require companies to furnish statistics and returns to the Minister or provide penalties for default in so doing, means further any com- pany constructing or operating a line of railway in Canada, even although such company is not otherwise within the legislative authority of the Parliament of Canada, and includes any individual not incorporated who is the owner or lessee of a railway in Canada, or party to an agreement for the working of such a railway : (5) 'costs' includes fees, counsel fees and expenses; 'Costs.' 493 (6) R.S., 1906. Chap. 37. Railways. 4 County.' ' Court.' ' Exchequer Court.' ' Express toll.' ' Goods.' ' Highway.' ' Inspecting engineer.' ' Judge.' Justice.' ' Lands.' 1 Lease.' ' Minister.' R.S., 1906. (6) ' county ' includes any county, union of counties, riding, or division corresponding to a county, and, in the province of Quebec, any separate municipal division of a county ; (7) l court ' means a superior court of the province or dis- trict, and, when used with respect to any proceedings for (a) the ascertainment or payment, either to the person en- titled, or into court, of compensation for lands taken, or for the exercise of powers conferred by this Act, or (b) the delivery of possession of lands, or the putting down of resistance to the exercise of powers, after compensa- tion paid or tendered, includes the county court of the county where the lands lie ; (8) ' Exchequer Court ' means the Exchequer Court of Canada; (9) ' express toll ' means any toll, rate or charge to be charged by the company, or any person or corporation other than the company, to any persons, for hire or other- wise, for or in connection with the collecting, receiving, caring for or handling of any goods for the purpose of sending, carrying or transporting them by express, or for or in connection with the sending, carrying, transporting or delivery by express of any goods, or for any service incidental thereto, or for or in connection with any or either of these objects, where the whole or any portion of the carriage or transportation of such goods is by rail upon .the railway of the company ; (10) ' goods ' includes personal property of every descrip- tion that may be conveyed upon the railway, or upon steam vessels, or other vessels connected with the railway; (11) 'highway' includes any public road, street, lane or other public way or communication; (12) 'inspecting engineer' means an engineer who is directed by the Minister, or by the Board, to examine any railway or works, and includes two or more engineers, when two or more are so directed ; (13) ' judge ' means a judge of a superior or county court hereinbefore mentioned, as the case may be; (14) 'justice' means a justice of the peace acting for the district, county, riding, division, city or place where the matter requiring the cognizance of a justice arises ; and, when any matter is authorized or required to be done by two justices, the expression ' two justices ' means two jus- tices assembled and acting together; (15) ' lands ' means the lands, the acquiring, taking or using of which is authorized by this or the Special Act, and includes real property, messuages, lands, tenements and hereditaments of any tenure ; (16) 'lease' includes an agreement for a lease; (17) 'Minister' means the Minister of Railways and Canals ; 494 (18) Railways. Chap. 37. 3 (18) ' owner/ when, under the provisions of this Act or the 'Owner.' Special Act, any notice is required to be given to the owner of any lands, or when any act is authorized or required to be done with the consent of the owner, means any person who, under the provisions of this Act, or the Special Act, or any Act incorporated therewith, is enabled to sell and convey the lands to the company ; (19) ' plan ' means a ground plan of the lands and property ' Plan.' taken or intended to be taken ; (20) ' legislature of any province ' or ' provincial legisla- ' Provincial ture ' means and includes any legislative body other than egls ature - the Parliament of Canada ; (21) ' railway ' means any railway which the company has ' Railway.' authority to construct or operate, and includes all branches, sidings, stations, depots, wharfs, rolling stock, equipment, stores, property real or personal and works connected therewith, and also any railway bridge, tunnel, or other structure which the company is authorized to construct ; (22) ' registrar of deeds ' or ' registrar ' includes the regis- ' Registrar trar of land titles, or other officer with whom the title to ° ee s ' the land is registered; (23) ' office of the registrar of deeds ' or ' registry of deeds,' 'Registry of or other words descriptive of the office of the registrar of deeds, include the land titles office, or other office in which the title to the land is registered ; (24) 'rolling stock' means and includes any locomotive, ' Rolling engine, motor car, tender, snow plough, Sanger, and every description of car or of railway equipment designed for movement on its wheels, over or upon the rails or tracks of the company ; (25) 'Railway Act, 1888,' means the Act passed in the'^i'^y, fifty-first year of Her late Majesty's reign, chapter twenty- nine, intituled An Act respecting Railways, and the several Acts in amendment thereof; (26) ' Secretary ' means the Secretary of the Board ; ' Secretary.' (27) 'sheriff' means the sheriff of the district, county, rid- ' Sheriff.' ing, division, city or place within which are situated any lands in relation to which any matter is required to be done by a sheriff, and includes an under sheriff or other lawful deputy of the sheriff ; (28) 'Special Act' means any Act under which the com- 'Special pany has authority to construct or. operate a railway, or which is enacted with special reference to such railway, and includes (a) all such Acts, (b) with respect to the Grand Trunk Pacific Railway Company, the National Transcontinental Railway Act, and the Act in amendment thereof passed in the fourth year of His Majesty's reign, chapter twenty-four, inti- tuled An Act to amend the National Transcontinental 495 Railway R.S., 1906. Chap. 37. Railways. ' Telephone toll.' •Toll.' • Rate.' ' Traffic' ' Train.' ' Undertak- ing.' ' Working expenditure.' R.S., 1906. Railway Act, and the scheduled agreements therein referred to, and (c) any letters patent, constituting a company's authority to construct or operate a railway, granted under any Act, and the Act under which such letters patent were granted ; (29) 'telephone toll' means and includes any toll, rate, or charge to be charged by the company to the public, or to any person, for the use of a telephone system or line, or any part thereof, or for the transmission of a message by telephone, or for the installation and use of telephone instruments, lines, or apparatus, or for any service inci- dental to a telephone business ; (30) 'toll' or 'rate' means and includes any toll, rate or charge made for the carriage of any traffic, or for the collec- tion, loading, unloading or delivery of goods, or for ware- housing or wharfage, or other services incidental to the business of a carrier ; (31) ' traffic ' means the traffic of passengers, goods and rolling stock ; (32) ' train ' includes any engine, locomotive or other rolling stock; (33) 'the undertaking' means the railway and works, of whatsoever description, which the company has authority to construct or operate ; (34) 'working expenditure' means and includes (a) all expenses of maintenance of the railway, (b) all such tolls, rents or annual sums as are paid in respect of the hire of rolling stock let to the company, or in respect of property leased to or held by the company, apart from the rent of any leased line, (c) all rent charges or interest on the purchase money of lands belonging to the company, purchased but not paid for, or not fully paid for, (d) all expenses of or incidental to the working of the rail- way and the traffic thereon, including all necessary repairs and supplies to rolling stock while on the lines of another company, (e) all rates, taxes, insurance and compensation for acci- dents or losses, (f) all salaries and wages of persons employed in and about the working of the railway and traffic, (g) all office and management expenses, including direc- tors' fees, and agency, legal and other like expenses, (h) all costs and expenses of and incidental to the compli- ance by the company with any order of the Board under this Act, and (i) generally, all such charges, if any, not hereinbefore otherwise specified, as, in all cases of English railway companies, are usually carried to the debit of revenue as distinguished from capital account; 496 (35) Railways. Chap. 37. 5 (35) when any matter arises in respect of any lands which 'Clerk of the are not situated wholly in any one district, county, riding, pea division, city or place, and which are the property of one and the same person, ' clerk of the peace,' ( justice,' and 'sheriff,! respectively, mean any clerk of the peace, justice 'Justice.' or sheriff for any district, county, riding-, division, city or ^ lienff - place within which any portion of such lands is situated. 57-58 V., c. 28, s. 144; 3 E. VII., c. 58, ss. 2, 156, and .302; 4 E. VIL, c. 32, s. 4; 6 E. VII., c. 42, ss. 27 and 29. 3. This Act shall, subject to the provisions thereof, be con- Special Act strued as incorporate with the Special Act, and, unless otherwise to ovemde - expressly provided in this Act, where the provisions of this Act, and of any Special Act passed by the Parliament of Canada, relate to the same subject-matter, the provisions of the Special Act shall, in so far as is necessary to give effect to such Special Act, be taken to override the provisions of this Act. 3 E. VIL, c. 58, ss. 3 and 5. 4. If in any Special Act passed by the Parliament of And may Canada previously to the first day of February, one thousand ^ qualify, nine hundred and four, it is enacted that any provision of the Railway Act, 1888, or other general railway Art in force at the time of the passing of such Special Act, is excepted from incor- poration therewith, or if the application of any such provision is, by such Special Act, extended, limited or qualified, the cor- responding provision of this Act shall be taken to be excepted, extended, limited or qualified, in like manner. 3 E. VIL, c. 58, s. 5. APPLICATION. 5. This Act shall, subject as herein provided, apply to all To what per persons, companies and railways, other than Government rail- ^JjSS^mpfr 1 ways, within the legislative authority of the Parliament of cable. Canada. 3 E. VIL, c. 58, s. 3. 6. Where any railway, the construction or operation of which Railways is authorized by a Special Act passed by the legislature of any ^| cl f ^ ed to province, is declared, by any Act of the Parliament of Canada, general ad- to be a work for the general advantage of Canada, this Act shall Canada 6 ° f ipply to such railway, and to the company constructing or operating the same, to the exclusion of such of the provisions of the said Special Act as are inconsistent with this Act, and in lieu of any general railway Act of the province. 3 E. VIL, c. 58, s. 6. 7. The provisions of this Act in respect of tolls, tariffs and Traffic by joint tariffs shall, so far as they are applicable, extend to the water - traffic carried by any company by sea or by inland water, 32 497 between PuS., 1906. Chap. 37. Railways. Tolls, pro- visions apply to. Bridge or tunnel i ompany. Traffic thereby. Provincial railways. between any ports or places in Canada, if the company owns, charters, uses, maintains or works, or is a party to any arrange- menl for using, maintaining or working vessels for carrying traffic by sea <»r by inland water between any such ports or place-. 2. The provisions of this Act in reaped of tolls shall, in - far as they are applicable, extend and apply to, — (a) any company which has power under any Special Act to construct, maintain and operate any bridge <>r tunnel for railway purposes, or for railway and traffic purposes, and to charge tolls for traffic carried over, upon or through such structure by any railway; and, (b) the traffic so carried over, upon or through such struc ture. 3 E. VII., c. 58, s. 277 ; 6 E. VIL, c. 42, s. 24. 8. Every railway, steam or electric street railway or tram way, the construction or operation of which is authorized by Special Act of the Legislature of any province, and which con nects with or crosses or may hereafter connect with or cross any railway within the legislative authority of the Parliament of Canada, shall, although not declared by Parliament to be a work for the general advantage of Canada, be subject to the provi sions of this Act relating to, — (a) the connection or crossing of one railway or tramway with or by another, so far as concerns the aforesaid con- nection or crossing; (b) the through traffic upon a railway or tramway and all matters appertaining thereto; (c) criminal matters, including offences and penalties; and, (d) navigable waters: Provided that, iii the case of railways owned by any provincial government, the provisions of this Act with respect to through traffic shall not apply without the consent of such government. 3 E. VIL, c. 58, s. 7. Where applicable. PROVINCIAL LEGISLATION REGARDING SUNDAY. 9. Notwithstanding anything in this Act, or in any other Act, every railway, steam or electric street railway or tramway, situate wholly within one province of Canada, and declared by the Parliament of Canada to be either wholly or in part a work for the general advantage of Canada, and every person employed thereon, in respect of such employment, and every person, com- pany, corporation or municipality owning, controlling or oper- ating the same wholly or partly, in respect of such ownership, control or operation, shall be subjeel to any Act of the legisla- ture of the province in which any such railway or tramway is situate which was in force on the tenth day of August, one thou- sand nine hundred and four, in so far as such Act prohibits or regulates work, business or labour upon the first day of the week, commonly called Sunday. 498 2. R.S., 1006. Railways, Chap. 37. 7 2. Every such Act, in so far as it purports to prohibit, Confirmed, within the legislative authority of the province, work, busi- ness or labour upon the said first day of the week, is hereby ratified and confirmed and made as valid and effectual, for the purposes of this section, as if it had been duly enacted by the Parliament of Canada. 3. The Governor in Council may, by proclamation, confirm, Governor in for the purposes of this section, any Act of the legislature of proclaim raa any province passed after the tenth clay of August, one thou- sand nine hundred and four, in so far as such Act purports to prohibit or regulate, within the legislative authority of the province, work, business or labour upon the said first day of the week; and such Act shall, to the extent aforesaid, be by force of such proclamation, ratified and confirmed and made as valid and effectual, for the purposes of this section, as if it had been enacted by the Parliament of Canada. 4. Notwithstanding anything in this Act, or in any other Act, Effect of every railway, steam or electric street railway or tramway, tion. wholly situate within the province, and which has been declared by the Parliament of Canada to be in whole or in part a work for the general advantage of Canada, and every person em- ployed thereon, in respect of such employment, and every person, company, corporation or municipality, owning, control- ling or operating the same wholly or partly, in respect of such ownership, control or operation, shall, from and after such proclamation, be subject to such Act in so far as it has been so confirmed. 5. Nothing in this section shall apply to any railway or part Exception, of a railway, — (a) which forms part of a continuous route or system operated between two or more provinces, or between any province and a foreign country, so as to interfere with or affect through traffic thereon; or, (b) between any of the ports on the Great Lakes and such continuous route or system, so as to interfere with or affect through traffic thereon; or, (c) which the Governor in Council by proclamation declares to be exempt from the provisions of this section. 4 E. VII., c. 32, s. 2. COMMISSION. Constitution. 10. There shall be a commission, to be known aa the Board Board, how of Railway Commissioners for Canada, consisting of three constltuted ' members appointed by the Governor in Council. 2. Such commission shall be a court of r< rd, and have an Court of official seal which shall be judicially noticed. record. 3. Each commissioner shall hold office during good behaviour Tenure. for a period of ten years from the date of his appointment, but 32£ 499 may R.S., 1906. Chap. 37. 'Railways. may be removed at any time by the Governor in Council for cause : Provided that, — (a) a commissioner shall cease to hold office upon reaching the age of seventy five years; and, (b) if a judge of any superior coin'! in Canada is appointed chief commissioner of the Board, lie shall not be removed at any time by the Governor in Council, except upon address of the Senate and House of Commons. 4. A commissioner on the expiration of his term of office shall, if not disqualified by age, be eligible for reappointment. 5. One of such commissioners shall be appointed, by the Governor in Council, chief commissioner of the Board, and shall be entitled to hold the office of chief commissioner so lone: as he continues a member of the Board. 6. Another of the commissioners shall be appointed, by the Governor in Council, deputy chief commissioner of the Board. 3 E. VIL, c. 58, s. 8 ; 4-5 E. VIL, c. 35, s. 1. 11. Whenever, by an Act or document, the Railway Com- mittee of the Privy Council is given any power or authority, or charged with any duty with regard to any company, railway, matter or thing, such power, authority or duty may, or shall be exercised by the Board. 3 E. VII., c. 58, s. 8. 12. In case of the absence of the Chief Commissioner, or of his inability to act, the Deputy Chief Commissioner shall exercise the powers of the Chief Commissioner in his stead; and, in such case, all regulations, orders and other documents signed by the Deputy Chief Commissioner shall have the like force and effect as if signed by the Chief Commissioner. Presumption. 2. Whenever the Deputy Chief Commissioner appears to have acted for and instead of the Chief Commissioner, it shall be conclusively presumed that he so acted in the absence or dis- ability of the Chief Commissioner within the meaning of this section. 3 E. VII., c. 58, s. 9. Kcnppoint- raent. ( !hief com- missioner. Deputy Chief Com- missioner. Powers of Railway Committee transferred. Ali'-. nee of chiei com- missioner. Deputy to act. 13. Two commissioners shall form a quorum, and not less than two commissioners shall attend at the hearing of every case: Provided that, in any case where there is no opposing party, and no notice to be given to any interested party, any one commissioner may act alone for the Board. 2. The Chief Commissioner, when present, shall preside, and his opinion upon any question, which in the opinion of the commissioners is a question of law, shall prevail. 3. No vacancy in the Board shall impair the right of the remaining commissioners to act. 3 E. VIL, c. 58, ss. 10 and 16. interest. 14. Whenever any commissioner is interested in any matter K 'in'!iu d not a before the Board, or of kin or affinity to any person interested disqualifica- in miv such matter, the Governor in Council may, either upon tion - the application of such commissioner or otherwise, appoint some 500 disinterested R.S.. i906. Quorum. Questions of law. Vacancy. Railways. Chap. 37. S disinterested person to act as commissioner pro Tiac vice; and the Governor in Council may also, in case of the illness, absence or inability to act of any commissioner, appoint a commissioner pro hac vice: Provided that no commissioner shall be disquali- fied to act by reason of interest or of kindred or affinity to any person interested in any matter before the Board. 3 E. VII., c. 58, s. 11. 15. No commissioner shall, directly or indirectly, — Commission- (a) hold, purchase, take or become interested in, for his Sfraifway own behalf, any stock, share, bond, debenture or other stock, security, of any railway company subject to this Act; or, (b) have any interest in any device, appliance, machine, patented process or article, or any part thereof, which may be required or used as a part of the equipment of railways, or of any rolling stock to be used thereon. 2. If any such stock, share, bond or other security, device, if acquired appliance, machine, patented process or article, or any part by wil ! or thereof, or any interest therein, shall come to or vest in any such commissioner by will or succession for his own benefit, he shall, within three months thereafter absolutely sell and dispose of the same, or his interest therein. 3 E. VII., c. 58, s. 11. 16. Each commissioner shall during his term of office Residence, reside in 1 the city of Ottawa, or within five miles thereof, or within such distance thereof as the Governor in Council at any time determines. 3 E. VII., c. 58, s. 12. 17. The commissioners shall devote the whole of their time whole time, to the performance of their duties under this Act, and shall not accept or hold any office or employment inconsistent with this section. 3 E. VII., c. 58, s. 13. 18. The Governor in Council shall, upon the recommend- Offices in ation of the Minister, provide, within the city of Ottawa, 0ttawa - a suitable place in which the sessions of the Board may be held. and also suitable offices for the commissioners, and for the Secre- tary, and the officers and employees of the Board, and all neces- sary furnishings, stationery and equipment for the conduct, maintenance and performance of the duties of the Board. 3 E. VII., c. 58, s. 14. 19. Whenever circumstances render it expedient to hold Sittings out- a sitting of the Board elsewhere than in the city of Ottawa, Ottawa the Board may hold such sitting in any part of Canada. 3 E. VII., c. 58, s. 15. 20. The commissioners shall sit at such times and conduct Sittings how their proceedings in such manner as may seem to them most conducted, convenient for the speed v despatch of business. 501 2. R.S., 1906. 10 Chap. 37. luu I ways. 2. They may, subject to the provisions of this Act, sit either together or separately, and either in private or in open court: Provided that any complaint made to them shall, on the appli- cation of any party to the complaint, be heard and determined in open court. 3 E. VII., c. 58, s. 16. Experts. 21. The Governor in Council .mav, from time to time, or as the occasion requires, appoint one or more experts, or persons having technical or special knowledge of the matters in ques- tion, to assist in an advisory capacity in respect of any matter before the Board. 3 E. VIL, c. 58, s. 21. Secretary. 22. There shall be a secretary of the Board who shall be appointed by the Governor in Council, and who shall hold office during pleasure, and reside in the city of Ottawa. 3 E. VIL, c. 58, s. 17. Duties of Secretary. Record books. Certified copies. Acting Secretary. Staff of Board. Dismissal. K.S., 1906. 23. It shall be the duty of the Secretary, — (a) to attend all sessions of the Board ; (b) to keep a record of ail proceedings conducted before the Board or any commissioner under this Act; (c) to have the custody and care of all records and docu- ments belonging or appertaining to the Board or filed in his office ; (d) to obey all rules and directions which may be made or given by the Board touching his duties or office ; (e) to have every regulation and order of the- Board drawn pursuant to the direction of the Board, signed by the Chief Commissioner, sealed with the official seal of the Board, and filed in the office of the Secretary. 2. The Secretary shall keep- in his office suitable books of record, in which he shall enter a true copy of every such regu- lation and order, and every other document which the Board may require to be entered therein, and such entry shall consti- tute and be the original record of any such regulation or order. 3. Upon application of any person, and on payment of such fees as the Board may prescribe, the Secretary shall deliver to such applicant a certified copy of any such regulation or order. 3 E. VIL, c. 58, ss. 17 and 18. 24. In the absence of the Secretary from illness or any other cause, the Board may appoint from its staff an acting secretary, who shall thereupon act in the place of the Secretary, and exercise his powers. 3 E. VIL, c. 58, s. 19. 25. There shall be attached to the Board such officers, clerks, stenographers and messengers as the Board, with the approval of the Governor in Council, from time to time, appoints. 2. The Board may at will dismiss any such officer, clerk, stenographer or messenger. 3 E. VIL, c. 58, s. 21. 502 26. Railways. Chap. 37. 11 26. The Board shall have full jurisdiction to inquire into, Jurisdiction, hear and determine any application by or on behalf of any party interested, — (a) complaining that any company, or person, has failed to do any act, matter or thing required to be done by this Act, or the Special Act, or by any regulation, order or direction made thereunder by the Governor in Council, the Minister, the Board, or any inspecting engineer, or that any com- pany or person has done or is doing any act, matter or thing contrary to or in violation of this Act, or the Special Act, or any such regulation, order, or direction ; or, (h) requesting the Board to make any order, or give any direction, sanction or approval, which by law it is author- ized to make or give, or with respect to any matter, act or thing, which by this Act, or the Special Act, is prohibited, sanctioned or required to be done. 2. The Board may order and require any company or person Mandatory to do forthwith, or within or at any specified time, and in any orders, manner prescribed by the Board, so far as is not inconsistent with this Act, any act, matter or thing which such company or person is or may be required or authorized to do under this Act, or the Special Act, and may fort id the doing or continuing Restraining of any act, matter or thing which is contrary to this Act, or the orders - Special Act; and shall for the purposes of this Act have full jurisdiction to hear and determine all matters whether of law or of fact. 3. The Board shall, as respects the attendance and examina- All powers tion of witnesses, the production and inspection of documents, ° ou ^ t superior the enforcement of its orders, the entry on and inspection of property, and other matters necessary or proper for the due exercise of its jurisdiction under this Act, or otherwise for carrying this Act into effect, have all such powers, rights and privileges as are vested in a superior court. 4. The fact that a receiver, manager, or other official of any Appointment railway, or a receiver of the property of a railway company, not^cToust has been appointed by any court in Canada or any province jurisdiction thereof, or is managing or operating a railway under the ° oard ' authority of any such court, shall not be a bar to the exercise by the Board of any jurisdiction conferred by this Act; but every such receiver, manager, or official shall be bound to manage and operate any such railway ia accordance with this Act and with the orders and directions of the Board, whether general or referring particularly to such railway; and every such receiver, manager, or official, and every person acting under him, shall obey all orders of the Board within its juris- diction in respect of such railway, and be .subject to have them enforced against him by the Board, notwithstanding the fact that such receiver, manager, official, or person is appointed by or acts under the authority of any court. 503 5. E.S., 1906. 12 Chap. 37. Railways. Decision of Board con- clusive. 5. Tho decision of the Board as to whether any company, municipality or person is or is not a party interested within the meaning of this section shall be binding and conclusive upon all companies, municipalities and persons. 6 E. VII., c. 42, s. 2. Grand Trunk Pacific Railway. Government interests. Net earn- ings. Appeal. of,- 27. In order to the ascertainment of the true net earnings (a) the Eastern Division of the Grand Trunk Pacific Rail- way, for the purposes of the scheduled agreements referred to in the Act passed in the fourth year of His Majesty's reign, chapter twenty-four, intituled An Act to amend the National Transcontinental Railway Act; and, (b) the Grand Trunk Pacific Railway Company, upon its system of railways, at all times while the principal or inter- est of any bonds made by the said Company and guaranteed by the Government are unpaid by the said Company; the Board shall, upon the request of the Minister, inquire into, hear and determine any question as to the justness and reason- ableness of the apportionment of any through rate or rates between the Grand Trunk Pacific Railway Company and any other transportation company, whether such company is or is not a railway company, or, if a railway company, whether it is or not as such subject to the legislative jurisdiction of the Par- liament of Canada. 2. In any such determination the Board shall have due regard to the interests of the Government of Canada as owner of the said Eastern Division, and of the Intercolonial Railway, or as guarantor of any such principal or interest, and to the provisions of the National Transcontinental Railway Act, and of the said Act in amendment thereof, and of the said scheduled agreements. 3. Although, in any such case, the Grand Trunk Pacific Rail- way Company has agreed to any apportionment, the net earnings shall be ascertained upon the basis of the receipt by the Grand Trunk Pacific Railway Company of such share of such through rate or rates as, in the opinion of the Board, the said Company should have received under a just and reasonable apportion- ment; and such agreement shall be material evidence only and not conclusive. 4. Either party to any such question may appeal from any such determination to the Supreme Court of Canada. 4 E. VII., c. 32, s. 4. Board may 28. The Board may, of its own motion, or shall, upon the act upon its reques t f the Minister, inquire into, hear and determine anv own motion. ^ i • i i 1 • » / • • •• i matter or thing which, under this Act, it may inquire into, hear and determine upon application or complaint, and with respect thereto, shall have the same powers as, upon any application or complaint, are vested in it by this Act. 2. Any power or authority vested in the Board under this Act may, though not so expressed in this Act, be exercised from 504 time From time to time. R.S., 1906. Railways. Chap. 37. 13 time to time, or at any time, as the occasion may require. 3 E. VIL, c. 58, s. 24. 29. The Board may review, rescind, change, alter or vary Board may any order or decision made by it. 3 E. VIL, c. 58, s. 25. JJjJJ its 30. The Board may make orders and regulations, — Regulations (a) limiting the rate of speed at which railway trains and g pee( j f locomotives may be run in any city, town or village, or in trains. any class of cities, towns or villages; and the Board may, if it thinks fit, limit certain rates of speed within certain described portions of any city, town or village, and differ- ent rates of speed in other portions thereof ; (b) with respect to the use of the steam whistle within any Use of steam city, town or village, or any portion thereof; whistle. (c) with respect to the method and means of passing from Passing from one car to another, either inside or overhead, and for the car to car - safety of railway employees while passing from one car to another ; (d) for the coupling of cars; Coupling. (e) requiring nroper shelter to be provided for all railway Shelter, employees when on duty; (f) with respect to the use on any engine of nettings, screens, Prevention grates and other devices, and the use on any engine or car of fires - of any appliances and precautions, and generally in con- nection with the railway, respecting the construction, use and maintenance of any fire-guard or works which may be deemed by the Board necessary and most suitable to pre- vent, as far as possible, fires from being started, or occur- ring, upon, along, or near the right of way of the railway ; (g) with respect to the rolling stock, apparatus, cattle-guards, Protection appliances, signals, methods, devices, structures and works, generally, to be used upon the railway, so as to provide means for the due protection of property, the employees of the company, and the public; (li) with respect to any matter, act or thing which by this or other the Special Act is sanctioned, required to be done, or pro- rnatters - hibited ; and, (i) generally for carrying this Act into effect. Generally. 2. Any such orders or regulations may be made to apply to Application any particular district, or to any railway, or section or portion of order ~ thereof, and the Board may exempt any railway, or section or portion thereof, from the operation of any such order or regu- lation, for such time, or during such period, as the Board deems expedient. 3. The Board may, by regulation, provide penalties, when Penalties. not already provided in this Act, to which every company or person who offends against any regulation made under this sec- tion shall be liable : Provided that no such penalty shall exceed one hundred dollars. 505 4. R.S., 1906. 14 Chap. 37. Railways. Other lia- bility. 4. The imposition of any such penalty shall not lessen or affect any other liability which any company or person may have incurred. 3 E. VII., c. 58, ss. 25 and 40. In Canada Gazette. Publication. 31. Any rule, regulation, order or decision of the Board shall, when published by the Board, or by leave of the Board, for three weeks in the Canada Gazette, and while the same remains in force, have the like effect as if enacted in this Act, and all courts shall take judicial notice thereof. 3 E. VII., c. 58, ss. 30 and 40. Continued. Board may repeal. Kxisting orders of Railway Committer. Penalties for dis- obeying. Regulations and Orders of the Railway Committee of the Privy Council. 32. All regulations and orders made by the Railway Com- mittee of the Privy Council, under the provisions of the Rail- way Act, 1888, in force on the first day of February, one thou- sand nine hundred and four, shall continue in force until re- pealed, rescinded, changed or varied under the provisions of this Act. 2. The Board shall have the like powers to repeal, rescind, change or vary such regulations and orders, as in the case of regulations or of orders which the Board may make under this Act. 3 E. VII., c. 58, s. 33. 33. Notwithstanding the repeal of the Railway Act, 1888, the orders of the Railway Committee of the Privy Council in force on the first day of February, one thousand nine hundred and four, may be made rules or orders of the Exchequer Court, or of any superior court of any province in Canada, and may be enforced in all respects, as nearly as may be, in the same manner as provided by this Act, in the case of similar orders by the Board. 2. All penalties, forfeitures and liabilities attaching, under this Act, to the violation of any regulation, or disobedience to any order of the Board, shall apply and attach to any violation of or disobedience to any regulation or order of the Railway Committee of the Privy Council occurring after the first day of February, one thousand nine hundred and four, in all respects, as nearly as may be, as if such regulation or order of the Rail- way Committee of the Privy Council were a regulation or order of the Board. 3 E. VII., c. 58, s. 34. Powers of Governor in Council continued. R.S., 1906. 34. The Governor in Council shall continue to have author- ity and jurisdiction to sanction, confirm, rescind or vary, or to take any other action upon any report, order or decision of the Railway Committee of the Privy Council made before the first day of February, one thousand nine hundred and four, under the Railway Act, 1888, in as full and ample a manner as if the 506 said Railways. Chap. 37. 15 said Act had not been repealed and as if this Act had not been passed. 2. Any order or decision so sanctioned or confirmed shall Eff ect. have the same validity, force and effect as if the said order or decision had been so sanctioned or confirmed prior to the first day of February, one thousand nine hundred and four. 4 E. VIL, c. 32, s. 1. Salaries and Payments. 35. The Chief Commissioner shall be paid an annual salary Commission- of ten thousand dollars, and the other two commissioners shall ers - be paid each an annual salary of eight thousand dollars. 2. The Secretary shall be paid an annual salary to be fixed Secretary, by the Governor in Council, not exceeding four thousand dollars. 3. Such salaries shall be paid monthly out of the unappro- From unap- priated funds in the hands of the Receiver General for Canadn. fund™ C 3 E. VIL, c. 58, s. 20. 36. The officers, clerks, stenographers and messengers staff - attached to the Board shall receive such salaries or remuneration as approved by the Governor in Council upon the recommenda- tion of the Board. 3 E. VIL, c. 58, s. 21. 37. Whenever the Board, by virtue of any power vested Others, in it by this Act, appoints or directs any person, other than a member of the staff of the Board, to perform any service required by this Act, such person shall be paid therefor such sum for services and expenses as the Governor in Council may, upon the recommendation of the Board, determine. 3 E. VIL, c. 58, s. 21. 38. The salaries or remuneration of all such officers, clerks. £^ tll ] v stenographers, and messengers, and all the expenses of the Board incidental to the carrying out of this Act, including all actual and reasonable travelling expenses of the commissioners and the Secretary, and of such members of the staff of the Board as may be required by the Board to travel, necessarily incurred in attending to the duties of their office, shall be paid monthly out of moneys to be provided by Parliament. 3 E. VIL, c. 58, s. 21. Franking Privilege. 39. All letters or mailable matter addressed to the Board o> Correspond - the Secretary at Ottawa, or sent by the Board or the Secretary postage, from Ottawa, shall be free of Canada postage under such regulations as are from time to time made in that regard by the Governor in Council. 3 E. VIL, c. 58, s. 22. 507 Practice K.S., 1906. 16 Chap. 37. "Raihuays. Notices, how signed. By Board. By Minister and others. By a com- pany. By any person. Practice and Procedure. 40. Any notice required or authorized to be given in writ m£r. (a) by the Board, may be signed by the Secretary or Chief Commissioner ; (b) by the Minister, inspecting engineer, or other officer or person appointed by the Minister, or the Board, may be signed by the Minister, or by such inspecting engineer, officer or other person, as the case may be ; (c) by any company or corporation, may be signed by the president or secretary, or by its duly authorized agent or solicitor ; and, (d) by any person, may be signed by such person or his duly authorized agent or solicitor. 3 E. VII., c. 58, s. 28. Notices, how served. Railway company. Municipality Other companies. Co-partner- ship. Individuals. Other cases. Publication. K.S., 1906. 41. Any such notice required to' be given to any company, municipality, corporation, co-partnership, firm or individual shall be deemed to be sufficiently given by delivering the same, or a copy thereof, within the time, if any, limited therefor, — (a) in the case of any railway company, to the president, vice-president, managing director, secretary or superin- tendent of the company, or to some adult person in the employ of the company at the head or any principal office of the company ; (b ) in the case of any municipality, or civic or municipal corporation, to the mayor, warden, reeve, secretary, treasurer, clerk, chamberlain or other principal officer thereof ; (c) in the case of any company other than a railway com- pany, to the president, vice-president, manager or sec- retary, or to some adult person in the employ of the com- pany at the head office of such company ; (d) in the case of any firm or co-partnership, to any mem- ber of such firm or co-partnership, or, at the last place of abode of any such member, to any adult member of his household, or, at the office or place of business of the firm, to a clerk employed therein ; and, (e) in the case of any individual, to him, or, at his last place of abode, to any adult member of his household, or, at his office or place of business, to a clerk in his employ. 2. If, in any case within the jurisdiction of the Minister, or the Board, it shall be made to appear to the satisfaction of the Minister, or the Board, as the case may be, that service of any such notice cannot conveniently be made in the manner provided in the last preceding subsection, the Minister, or the Board, as the case may be, may order and allow such service to be made by the publication of such notice for any period not less than three weeks in the Canada Gazette, and also, if re- quired, in any other newspaper; and such publication in each 508 case Railways. Chap. 37. IT case shall be deemed to be equivalent to service in the manner provided in the said subsection. 3. Any regulation, order, direction, decision, report or other Service of document may, unless in any case otherwise provided, be served ^ e 'nts. ° CU " in like manner as notice may be given under this section. 3 E. VII., c. 58, s. 28. 42. Every- company shall, as soon as possible after receiving Duty of or being served with any regulation, order, direction, decision, JJJJJ^Jj* notice, report or other document of the Minister, or the' Board, served, or the inspecting engineer, notify the same to each of its officers and servants performing duties which are or may be affected thereby, by delivering a copy to him or by posting up a copy in some place where his work or his duties, or some of them, are to be performed. 3 E. VII., c. 58, s. 29. 43. Unless otherwise provided, ten days' notice of any appli- Notice of cation to the Board, or of any hearing by the Board, shall be app 1( sufficient : Provided that the Board may in any case direct longer notice or allow notice for any period less than ten days. 3 E. VII., c. 58, s. 31. 44. Notice of any application to the Board for permission, Notice of as provided by the Lord's Day Act, to perform any work on f ^''^j™ the Lord's Day in connection with the freight traffic of any sion to work railway, shall be given to the Department of Railways and ou bullda - N ■ Canals, and shall fully set out the reasons relied upon. 2. The costs of any such application shall be borne by the Costs. applicant, and, if more than one, in such proportions as the Board determines. 3. In all other respects the procedure provided by this Ad Procedure shall, so far as applicable, apply to any such application. 6 E. reS pects. VII., c. 27, s. 3. 45. When the Board is authorized to hear an application, Ex ' )arte - complaint or dispute, or make any order, upon notice to the parties interested, it may, upon the ground of urgency, or for other reason appearing to the Board to be sufficient, notwith- standing any want of or insufficiency in such notice, make the like order or decision in the matter as if due notice had been given to all parties; and such order or decision shall be as valid and take effect in all respects as if made on due notice. 2. Any person entitled to notice and not sufficiently notified Rehearing. may, at any time within ten days after becoming aware of such order or decision, ot within such further time as the Board may allow, apply to the Board to vary, amend or rescind such order or decision, and the Board shall thereupon, on such notice to other parties interested as it may in its discretion think desir- able, hear such application, and either amend, alter or rescind snch order or decision, or dismiss the application, as may seem to it just and right 3 E. VII., c. 58, s. 32. 509 46. R.S., 1906. 13 Chap. 37. Railways. Rule of court. Practice. Copy to the registrar. When order rescinded or changed. Orders may come into force. Upon con- tingency. Upon terms. For limited time. Interim orders. Relief. 46. Any decision or order made by the Board under this Act may be made a rule, order or decree of the Exchequer Court, or of any superior court of any province of Canada, and shall bo enforced in like manner as any rule, order or decree of such court. 2. To make such decision or order a rule, order or decree of any such court, the usual practice and procedure of the court in such matters may be followed; or, in lien thereof, the Secretary may make a certified copy of such decision or order, upon which shall be made the following endorsement signed by the Chief Commissioner and sealed with the official seal of the Hoard: — ' To move to make the within a rule (order or decree, as I In case may be) of the Exchequer Court of Canada (or as the case may be). 1 Dated this day of A.D. 19 . ' A.B.' [Seal.] ' Chief Commissioner of the Board of Hail way Commissioners for Canada.' 3. The Secretary may forward such certified copy, so endorsed, to the registrar, or other proper officer of such court, who shall, on receipt thereof, enter the same as of record, and the same shall thereupon become and be such rule, order or decree of such court. 4. When a decision or order of the Board under this Act, or of the Railway Committee of the Privy Council under the Rail way Act, 1888, has been made a rule, order or decree of any court, any order or decision of the Board rescinding' or changing the same shall be deemed to cancel the rule, order or decree of such court, and may, in like manner, be made a rule, order or decree of such court. 3 E. VIL, c. 58, s. 35. 47. The Board may direct in any order that such order or any portion or provision thereof, shall come into force, at a future time, or upon the happening of any contingency, event or condition in such order specified, or upon the performance to the satisfaction of the Board, or person uamed by it, of any terms which the Board may impose upon any party interested, and the Board may direct that the whole, or any portion of such order, shall have force for a limited time, or until the happen- ing of a specified event. 2. The Board may, instead of making an order final in the first instance, make an interim order, and reserve further direc tions either for an adjourned hearing of the matter, or for further application. 3 E. VII., c. 58, s. 36. 48. Upon any application made to the Board under this Act, the Board may make an order granting the whole or part only of such application, or may grant such further or other relief, in addition to or in substitution for that applied for, as to the Board may seem just and proper, as fully in all respects as if 510 such R.S., 1906. Railways. Chap. 37. 19 such application had been for such partial, other, or further relief. 3 E. VII., c. 58, s. 37. 49. The Board may, if the special circumstances of any case Interim so require, make an interim ex parte order authorizing, requir- ™ d parte ing or forbidding any thing to be done which the Board would be empowered, on application, notice and hearing, to authorize, require or forbid ; but no such interim order shall be made for any longer time than the Board may deem necessary to enable the matter to be heard and determined. 3 E. VII. , c. 58, s. 38. 50. When any work, act, matter or thing is by any regiila- Extension of tion, order or decision of the Board required to be done, per- tlIne - formed or completed within a specified time, the Board may, if the circumstances of the case in its opinion so require, upon notice and hearing, or in its discretion, upon ex parte applica- tion, extend the time so specified. 3 E. VII., c. 58, s. 39. 51. The Board may make general rules regulating, so far Rules of as not inconsistent with the express provisions of this Act, its practice and practice and procedure. 3 E. VII., c. 58, s. 40. 52. The Board may, upon terms or otherwise, make or allow Amend- any amendments in any proceedings before it. 3 E. VII., c. 58, ments - s. 40. 53. ISTo order of the Board need show upon its face that any Order need proceeding or notice was had or given, or any circumstance j^ s ^ctioii necessary to give it jurisdiction to make such order. 3 E. VII., c. 58, s. 41. ' 54. In determining any question of fact, the Board shall Effect of not be concluded by the finding or judgment of any other court, o'ther^courte. in any suit, prosecution or proceeding involving the determina- tion of such fact, but such finding or judgment shall, in pro- ceedings before the Board, be prima facie evidence only. 2. The pendency of any suit, prosecution or proceeding, in n* pendens. any other court, involving questions of fact, shall net deprive the Board of jurisdiction to hear and determine the same ques- t ions of fact. 3. Idie finding or determination of the Board upon any ques Findings of tion of fact within its jurisdiction shall be binding and con- l l .' ] l 1 , I t |V ' l ,"" elusive. 3 E. VII., c. 58, s. 42. 55. The Hoard may of its own motion, or upon the applica Stated case lion of any party, and upon such security being given as it J','!,,,. 1 ,",',!-"'""' directs, or ;it the requesl of the Governor in Council, state a case, Canada. in writing, for the opinion of the Supreme Court of Canada upon any question which in the opinion of the Board is ;i r proceeding under this Act, every written or printed docu- ment purporting to have been issued or authorized by the com- pany, or any officer, agent, or employee of the company, or any other person or company for or on its behalf, shall, as against the company, be received as prima facie evidence of the issue of such document by the company and of the contents thereof, without any further proof than the mere production of such document. 3 E. VIL, c. 58, s. 50. Documents issued by Minister, Board or engineer. 68. Every document purporting to be signed by the Minister, or by the Chief Commissioner and Secretary or either of them, or by an inspecting engineer, shall, without proof of any such signature, be prima facie evidence that such document was duly .16 K.S., 1906. signed Hallways. Chap. 37. 25 signed and issued by the Minister, the Board, or inspecting engineer as the case may be. 2. If such document purports to be a copy of any regulation, i^ em _ order, direction, decision or report made or given by the Min- ister, the Board, or an inspecting engineer, it shall be prima facie evidence of such regulation, order, direction, decision or report. 3 E. VII., c. 58, s. 26. 69. Any document purporting to be certified by the Sec- Documents retary as being a copy of any plan, profile, book of reference the^Secre^ or other document deposited with the Board, or of any portion tan-, thereof, shall, without proof of the signature of the Secretary. be prima facie evidence of such original document, and that the same is so deposited, and is signed, certified, attested or ex- ecuted by the persons by whom and in the manner in which, the same purports to be signed, certified, attested or executed, as shown or appearing from such certified copy ; and also, if such certificate states the time when such original was so deposited, that the same was deposited at the time so stated. 2. A copy of any regulation, order or other document in the Documents custody of the Secretary, or of record with the Board, certified $ tTe^Bo'ard. by the Secretary to be a true copy, and sealed with the seal of the Board, shall be prima facie evidence of such regulation, order or document, without proof of signature of the Secretary. 3 E. VII., c. 58, s. 27. 70. Copies of the minutes of proceedings and resolutions Proceedings of the shareholders of the company, at any annual or special j^*! 16 com " meeting, and of the minutes of proceedings and resolutions of the directors, at their meetings, extracted from the minute book, kept by the secretary of the company, and by him certified to be true copies extracted from such minute book, when sealed with the company's seal, shall, without proof of the signature of such secretary,, be evidence of such proceedings and resolu- tions. 3 E. VIL, c. 58, s. 66. 71. The certificate of proprietorship of any share shall be Certificate of prima facie evidence of the title of any shareholder, his execu- proprie- tors, administrators or assigns, or its successors and assigns, as share. the case may be, to the share therein specified. 3 E. VIL, c. 58, s. 100." 72. A certificate of the treasurer of the company that any Certificate of share of the company has been declared forfeited for non-pay- forfeiture of ment of any call or interest accrued thereon, and that such share has been purchased by a purchaser therein named shall be sufficient evidence of such facts. 3 E. VII., c. 58, s. 106. 73. A copy of any mortgage deed securing any bonds, Instruments debentures, or other securities issued under the authority of this de P° sited 517 Act E.S., 1906. 2G Chap. 37, Eaihcays. with Secre- Act and the Special Act, and of any assignment thereof, or e ' other instrument in any way affecting such mortgage or security, deposited in the office of the Secretary of State of Canada, certified to be a true copy by the Secretary of State, or by the Deputy Registrar General of Canada, shall be prima facie evidence of the original, without proof of the signature of such official. 3 E. VII., c. 58, s. 112. Documents 74. A copy of any plan, profile, book of reference, cer- \\ e ith S reeis- tified copy thereof, or other document, relating to the location trar of deeds. or construction of any railway, and deposited under the provi- sions of this Act with the registrar of deeds of any district or county through which the railway passes, certified by such registrar, in the manner hereinafter required, to be a true copy, shall be prima facie evidence of the original so deposited, that such original was so deposited at the time certified thereon, and that the same was signed, certified, attested or otherwise executed by the persons by whom and in the manner in which the said original purports to be signed, certified, attested or executed, as shown or appearing by such certified copy; and, in the case of a plan, that such plan is prepared according to a scale and in manner and form sanctioned by the Board. 3 E. VIL, c. 58, s. 127. Records as to railway constables. By-law or regulation of company. Discrimina- tion. Burden of proof. 75. The records relating to appointments and dismissals of railway constables, required by this Act to be kept by the respective clerks of the peace for the counties, parishes, districts or other local jurisdictions in which such constables are appointed, shall, without further proof than the mere production of such records, be prima facie evidence of the due appointments of such constables, of their jurisdiction to act as such, and of the other facts by this Act required to be so recorded. 3 E. VIL, c. 58, s. 241. 76. A copy of any by-law, rule or regulation of the com- pany, certified as correct by the president, secretary or other executive officer of the company, and bearing the seal of the company, shall be evidence thereof. 3 E. VIL, c. 58, s. 250. 77. Whenever it is shown that any company charges one person, company, or class of persons, or the persons in any district, lower tolls for the same or similar goods, or lower tolls for the same or similar services, than it charges to other persons, companies, or classes of persons, or to the persons in another district, or makes any difference in treatment in respect of such companies or persons, the burden of proving that such lower toll or difference in treatment, does not amount to an undue preference or an unjust discrimination shall lie on the company. 3 E. VIL, c. 58, s. 254. 518 78. E.S., 1906. Railways. Chap. 37. 27 78. If the company files with the Board any tariff and such Tariff, tariff comes into force and is not disallowed by the Board under this Act, or if the company participates in any such tariff, the tolls under such tariff while so in force shall, in any prosecution under this Act, as against such company, its officers, agents or Presumed employees, be conclusively deemed to be the legal tolls charge- j^ 1 a t s able by such company. 3 E. VII., c. 58, s. 279. pany. COMPANIES. Incorporation. 79. Every company incorporated under a Special Act General shall be a body corporate, under the name declared therein, powere - and shall be vested with all such powers, privileges and im- munities as are necessary to carry into effect the intention and objects of this Act, and of the Special Act, and which are inci- dent to such corporation, or are expressed or included in the Interpretation Act. 3 E. VII., c. 58, s. 51. Offices. 80. The head office of the company shall be in the place Head office, designated in the Special Act, but the company may, by by-law. from time to time, change the location of its head office to any change of place in Canada : Provided that notice of any such change shall location, be given to the Secretary of the Board. 2. The Secretary of the Board shall keep a register wherein To be he shall enter all such changesjof location so notified to him. registered. 3. The directors of the company may establish one or more other offices, offices in other places in Canada or elsewhere. 3 E. VII., c. 58, s. 52. Provisional Directors. 81. The persons mentioned by name as such in the Special Who. Act shall be the provisional directors of the company. 2. A majority of such provisional directors shall form a Quorum, quorum. 3. The provisional directors may, — Powers. , (a) forthwith open stock books and procure subscriptions of stock for the undertaking; (b) receive payments on account of stock subscribed; (c) cause plans and surveys to be made; and, (d) deposit in any chartered bank of Canada moneys received by them on account of stock subscribed. 4. The moneys so received and deposited shall not be with- Moneys drawn, except for the purposes of the undertaking, or upon the de P° slted - dissolution of the company. 5. The provisional directors shall hold office as such until Tenure of the first election of directors. 3 E. VII., c. 58, s. 53. office - 519 82. R.S., 1906. 2S Chap. 37. Railways. A Hutment of slock. Shares. A] plication eeeds. 82. If more than the whole stock has been subscribed, the provisional directors shall allocate and apportion the authorized stock among the subscribers as they deem most advantageous and conducive to the furtherance of the undertaking. 3 E. VII. , c. 58. s. 54. Capital. 83. The capital stock of the company, the amount of which shall be stated in the Special Act, shall be divided into shares of one hundred dollars each. 2. The moneys raised from the capital stock shall be applied, in the first place, to the payment of all fees, expenses and disbursements for procuring the passing of the Special Act, and for making the surveys, plans and estimates of the works authorized by the Special Act; and all the remainder of such moneys shall be applied to the making, equipping, completing and maintaining of the railway, and other purposes of the undertaking. 3 E. VII., c. 58, s. 55. First meeting 84. So soon as twenty-five per centum of the capital has h! Iders 6 " keen subscribed, and ten per centum of the amount subscribed has been paid into some chartered bank in Canada, the pro- visional directors shall call a meeting of the shareholders of the company at the place where the head office is situate, at which meeting the shareholders who have paid at least ten per centum on the amount of stock subscribed for by them shall, from the shareholders possessing the qualifications herein- after mentioned, elect the number of directors prescribed by the Special Act. 2. Notice of such meeting shall be given by advertisement for the time and in the manner hereinafter required for meet- ings of shareholders. 3 E. VII., c. 58, s. 56. 85. The original capital stock of the company may, with the approval of the Governor in Council, be increased, from time to time, to any amount, if, — (a) such increase is sanctioned by a vote, in person or by proxy, of the shareholders who hold at least two-thirds in amount of the subscribed stock of the company, at a meeting expressly called by the directors for that purpose ; and, (b) the proceedings of such meeting have been entered in the minutes of the proceedings of the company. 2. Notice in writing stating the time, place and object of ob'eet'" ' uc h meeting, and the amount of the proposed increase, shall be given to each shareholder, at least twenty days previously to such meeting, by delivering the notice to the shareholder personally, or depositing the same in the post office, post paid, and properly directed to the shareholder. 3 E. VII., c. 58, s. 57. 520 86. R.S., 1906. Notice thereof. Increase of capital stock Bv vote. Minutes. Notice of Railways. Chap. 37. 29 Shares. 86. The stock of the company shall be personal property. Personal S E. VII., C. 58, S. 97. property. 87. Shares in the company may be sold and transferred by How trans- the holders thereof by instrument in writing, made in duplicate. ferred - 2. One of such duplicate transfers shall be delivered to the Duplicate directors to be filed and kept for the use of the company, and an tKulsfers - entry thereof shall be made in a book to be kept for that pur- pose. 3. Xo interest or dividend on the shares transferred shall be Dividends. paid to the purchaser until such duplicate is so delivered, filed and entered. 3 E. VII., c. 58, s. 95. 88. Transfers, except in the case of fully paid-up shares, Form of shall be in the form following, or to the like effect, varying the transier - names and descriptions of the contracting parties as the case requires, that is to say : — ' I, (A. B.,) in consideration of the sum of paid to me by (C. D.), hereby sell and transfer to him share (or shares) of the stock of the , to hold to him, the said (C. D.), his executors, administrators and assigns (or successors and assigns, as the case may be), subject to the same rules and orders and on the same conditions upon which I held the same immediately before the execution hereof. And I, the said (C. D.), do hereby agree to accept of the said (A. B.'s) share (or shares) subject to the same rules, orders and condi- tions. ' Witness our hands this day of , in the year 19 .' 2. In the case of fully paid shares the transfer may be in As to paid- such form as is prescribed by by-law of the company. 3 E. up snares - VII., c. 58, s. 96. 89. ISTo shares shall be transferable until all previous calls Restrictions thereon have been fully paid up, or until the said shares have on transfers. been declared forfeited for the non-payment of calls thereon. 2. ISTo transfer of less than a whole share shall be valid. 3 E. VIL, c. 58, s. .97. 90. The want of a certificate of proprietorship shall not Sale without prevent the holder of any share from disposing thereof. 3 E. certificate. VIL, c. 58, s. 101. 91. If any share in the capital stock of the company is Transmission transmitted by the death, bankruptcy, last will and testament, of stoc Y donatio mortis causa, or by the intestacy of any shareholder, or than by by any lawful means other than the transfer hereinbefore men- transier - tioned, the person to whom such share is transmitted shall deposit in the office of the company a statement in writing signed by him, which shall declare the manner of such trans- 521 mission. E.S., 1906. % 30 (hap. 37. Raihvays. Transferee must comply Company not bound to see to execution of trust -:. Non-payment of calls. Forfeiture. Procedure. Effect of forfeiture. Sale of forfeited ebares. Limitation. R.S., 1906. mission, and he shall deposit therewith a duly certified copy or probate of such will and testament, or sufficient extracts therefrom, and such other documents and proofs as are neces- sary. 2. The person to whom the share is so transmitted as afore- said, shall not, without complying with this section, be entitled to receive any part of the profits of the company, or to vote in respect of any such share as the holder thereof. 3 E. VII., c. 58, s. 98. 92. The company shall not be bound to see to the execution of any trust, whether express, implied or constructive, to which any share or security issued by it is subject, whether or not the company has had notice of the trust; and it may treat the regis- tered holder as the absolute owner of any such share or security, and shall not be bound to recognize any claim on the part of any other person whomsoever, with respect to any such share or security, or the dividend or interest payable thereon : Provided, that nothing in this section contained shall prevent a person equitably interested in any such share or security from procur- ing the intervention of the court to protect his rights. 3 E. VII., c. 58, s. 99. 93. Every shareholder who makes default in the payment of any call payable by him, together with the interest, if any, accrued thereon, for the space of two months after the time appointed for the payment thereof, shall forfeit to the company his shares in the company, and all the profit and benefit thereof. 2. No advantage shall be taken of the forfeiture unless the shares are declared to be forfeited at a general meeting of the company, assembled at any time after such forfeiture has been incurred. 3 E. VII., c. 58, ss. 102 and 103. 94. Every shareholder so forfeiting shall be by such forfei- ture relieved from liability in all actions, suits or prosecutions whatsoever which may be commenced or prosecuted against him for any breach of the contract existing between such shareholder and the other shareholders by reason of such shareholder hav- ing subscribed for or become the holder of the shares so for- feited. 3 E. VII., c. 58, s. 104. 95. The directors may, subject as hereinafter provided, sell, either bv public auction or private sale, any shares so declared to be forfeited, upon authority therefor having been first given by the shareholders, either at the general meeting at which such shares were declared to be forfeited, or at any subsequent gen- eral meeting. 2. The directors shall not sell or transfer more of the shares of any such defaulter than will be sufficient, as nearly as can be ascertained at the time of such sale, to pay the arrears then due from such defaulter on account of any calls, together with 522 interest, Railways. Chap. 37. 31 interest, and the expenses attending such sale and declaration of forfeiture. 3. If the money produced by the sale of any such forfeited Surplus pro- shares is more than sufficient to pay all arrears of calls and defaulter. interest thereon due at the time of such sale, and the expenses attending the declaration of forfeiture and the sale of such shares, the surplus shall, on demand, be paid to the defaulter. 4. If payment of such arrears of calls and interest and Payment of expenses is made before any share so forfeited and vested in {"^sale. 6 the company is sold, such share shall revert to the person to whom it belonged before such forfeiture, who shall be entitled thereto as if such calls had been duly paid. 5. Any shareholder may purchase any forfeited share so Any share- sold. 3 E. VII., c. 58, s. 105. holder ma > r ' ' purcnase. 96. A certificate of the treasurer of the company that any Certificate of share of the company has been declared forfeited for non-pay- constitute* ment of any call, and that such share has been purchased by a title, purchaser therein named shall, together with the receipt of the treasurer of the company for the price of such share, constitute a good title thereto. 2. Such certificate shall be by the treasurer registered in To be the name and with the place of abode and occupation of the re s istered - purchaser, and shall be entered in the books to be kept by the company, and such purchaser shall thereupon be deemed to be the holder of such share. 3. The purchaser shall not be bound to see to the application Purchase of the purchase money. money. 4. The title of the purchaser to such share shall not be irregularity, affected by any irregularity in the proceedings in reference to such sale. 3 E. VII., c. 58, s. 106. 97. Any shareholder who is willing to advance the amount Shareholders * ■, ■ t ,.,1 t i-i may advance. oi his shares, or any part ol the money due upon his shares, beyond the sums actually called for, may pay the same to the company. 2. Upon the principal moneys so paid in advance, or so Interest, much thereof as, from time to time, exceeds the amount of the calls then made upon the shares in respect of which such advance is made, the company may pay such interest at the LiAvful rate of interest for the time being, as the shareholders, who pay such sum in advance, and the company agree upon. 3. Such interest shall not be paid out of the capital sub- No interest scribed. 3 E. VII., c. 58, s. 107. outof capital. 98. Every shareholder shall be individually liable to the limited creditors of the company for the debts and liabilities of the company to an amount equal to the amount unpaid on the sicck held by him, and until the whole amount of his stock has been paid up: Provided that no action shall be institute! 523 or R.S., 1906. 32 Chap. 37. Railway*. or maintained against any such shareholder in respect of his said liability until an execution at the suit of the creditor against the company has been returned unsatisfied in whole or in part 3 E. VII., c. 58, s. 108. Municipal 99. Municipal corporations in any province of Canada maTteke 0nB '' u ^ v empowered so to do by the laws of the province may, stock. subject to the limitations and restrictions in such laws pre- scribed, subscribe for any number of shares in the capital stock of the company. 3 E. VII., c. 58, s. 58. Aliens. 100. All shareholders in the company, whether British sub- jects or aliens, or residents in Canada or elsewhere, shall have equal rights to hold stock in the company, and to vote on the bave equal same, and, subject as herein provided, shall be eligible to office in the company. 3 E. VII., c. 58, s. 109. Record of shareholders. 101. A true and perfect account of the names and places of abode of the several shareholders shall be entered in a book, which shall be kept for that purpose, and which shall be open to the inspection of the shareholders. 3 E. VII., c. 58, s. 110. Meetings of Shareholders. General. 102. A general meeting of the shareholders for the election of directors, and for the transaction of other business con- nected with or incident to the undertaking, to be called the Annually. annual meeting, shall be held annually on the day mentioned in the Special Act, or on such other day as the directors may determine. Special. 2. Other general meetings, to be called spfecial meetings, may be called at any time by the directors, or by shareholders representing at least one-fourth in value of the subscribed stock, if the directors, having been requested by such shareholders to convene a special meeting, fail, for twenty-one days there- after, to call such meeting. 3 E. VII., c. 58, s. 59 ; 4 E. VII., c. 32, s. 3. At head office. 103. All general meetings, whether annual or special, shall be held at the head office of the company. 3 E. VII., c. 58, s. 60. Notice of meetings. Place and day. Publication. K.S., 190G. 104. At least four weeks' public notice of any meeting shall be given by advertisement published in the Canada Gazette, and in at least one newspaper published in the place where the head office is situate. 2. Such notices shall specify the place and the day and the hour of meeting. 3. All such notices shall be published weekly. 524 4. Railways. Chap. 37. 33 4. A copy of the Canada Gazette containing such notice shall, Evidence of on production thereof, be sufficient evidence of such notice notlce - having been given. 3 E. VII., c. 58, s. 61. 105* Any business connected with or incident to the under- Business, taking may be transacted at an annual meeting, except such business as is, by this Act or the Special Act, required to be transacted at a special meeting. 2. Xo special meeting shall enter upon any business not At special set forth in the notice upon which it is convened. 3 E. VII.. meeU »g- c. 58, s. 62. 106. The number of votes to which each shareholder shall Voting, be entitled, at any meeting of the shareholders, shall be in the proportion of the number of shares held by him, on which all calls due have been paid. 3 E. VII., c. 58, s. 63. 107. Every shareholder, whether resident in Canada or By proxy, elsewhere, may vote by proxy, if he sees fit, and if such proxy produces from his constituent an appointment in writing, in the words or to the effect following, that is to say : — 'I, of , one of the Form of shareholders of the , do hereby appoint ,,roxJ ' of , to be my proxy, and in my absence, to vote or give my assent to any business, matter or thing relating to the undertaking of the said that is mentioned or proposed at any meeting of the shareholders of the said company, in such manner as he, the said thinks proper. ' In witness whereof, I have hereunto set my hand and seal the day of in the year 2. The votes by proxy shall be as valid as if the constituents Valid, had voted in person. 3 E. VII., c. 58, ss. 64 and 65. 108. Every matter or thing proposed or considered at any Majority meeting of the shareholders shall be determined by the majority vote ' of votes and proxies then present and given. 2. All decisions and acts of any such majority shall bind Bindin e- the company and be deemed the decisions and acts of the company. 3 E. VII., c. 58, s. 65. 109. All notices given by the secretary of the company Notices by by order of the directors shall be deemed notices by the directors seeieti>i y. of the company. 3 E. VII., c. 58, s. 67. President and Directors. 110. A board of directors of the company, to manage its Chosen at affairs, the number of whom shall be stated in the Special Act. ni n Jet?ng. shall be chosen at the annual meeting. 525 2. K.S., 1906. 34 Chap. 37. Rail ways. Or special meeting. Voting. Municipal corporations to be represented. Qualifications of directors. Disability of officers, con- tractors and sureties. Majority of directors British sub- jects. Term of office. Vacancies in directorate. How filled. If no quorum. If not filled. 2. If such election is not held at the annual meeting, the directors shall cause such election to be held at a special meeting duly called for that purpose, within as short a delay as possible after the annual meeting. 3. No person shall vote at such special meeting except those who would have been entitled to vote if the election had been held a i the annual meeting. 3 E. VIL, c. 58, ss. 68 and 69. 111. The mayor, warden, reeve or other head officer of any municipal corporation, in any province of Canada holding stock in any company to the amount of twenty thousand dollars or upwards, shall be ex officio one of the directors of the com- pany, in addition to the number of directors authorized by the Special Act, unless in such Special Act provision is made for the representation of such corporation on the directorate of such company. 3 E. VIL, c. 58, s. 58. 112. jSTo person shall be a director unless he is a shareholder, owning twenty shares of stock, and has paid all calls due there- on, and is qualified to vote for directors at the election at which he is chosen. 2. ISTo person who holds any office, place or employment in the company, or who is concerned or interested in any con- tract under or with the company, or is surety for any contractor with the company, shall be capable of being chosen a director, or of holding the office of director. 3. If the company has received aid towards the construction of its railway or undertaking or any part thereof from the Government, under any Act of the Parliament of Canada, a majority of its directors shall be British subjects. 3 E. VII., c. 58, ss. 71 and 79; 4 E. VII., c. 32, s. 5. 113. The directors appointed at the last election, or those appointed in their stead in case of vacancy, shall remain in office until the next ensuing election of directors. 3 E. VIL, c. 58, s. 72. 114. Vacancies in the board of directors shall be filled in the manner prescribed by the by-laws. 3 E. VIL, c. 58, s. 70. 115. In case of the death, absence or resignation of any of the directors, others may, unless otherwise prescribed by the by-laws, be appointed in their stead by the remaining directors. 2. In case such remaining directors do not constitute a quorum, the shareholders, at a special -meeting to be called for that purpose, may, unless otherwise prescribed in the by-laws, elect such other directors. 3. If such appointment or election is not made, such death, absence or resignation shall not invalidate the acts of the re- maining directors. 3 E. VIL, c. 58, s. 73. 526 116. RS.. 1906. Raihvays. Chap. 37. 35 116. The directors shall, at their first or at some other President, meeting after their election, elect one of their number to be the president of the company ; and they may, in like manner, elect Jice-presi- a vice-president. 2. The president shall hold his office until he ceases to be a Tenure, director, or until another president has been elected in his stead. 3. Unless otherwise provided by by-law, the president shall President to always, when present, preside at all meetings of the directors. 4. The vice-president shall act as chairman in the absence Vice-presi- of the president. 3 E. VII., c. 58, s. 74. dent - 117. A majority of the directors shall form a quorum. Quorum. 2. The directors at any meeting regularly held, at which not A cts . of less than a quorum is present, shall be competent to exercise all m lng ' or any of the powers vested in the directors; and the act of a majority of a quorum of the directors present at any such meet- ing shall be deemed the act of the directors. 3 E. VII., c. 58, ss. 68, 75 and 76. 118. No director shall have more than one vote, except the Votes of chairman, who shall, in case of a division of equal numbers, directors - have the casting vote. 3 E. VII., c. 58, s. 77. Casting vote. 119. The directors shall be subject to the examination and Directors control of the shareholders at their annual meetings, and shall JnarenVders be subject to all by-laws of the company, and to the orders and < n -nd by-laws, directions from time to time made or given at the annual or special meetings, if such orders and directions are not contrary to or inconsistent with any express direction or provision of this Act or of the Special Act. 3 E. VII., c. 58, s. 78. 120. jSTo person who is a director of the company shall enter Directors not into, or be directly or indirectly, for his own use and benefit, to . contract interested in any contract with the company, other than a con- pany. tract which relates to the purchase of land necessary for the railway, nor shall any such person be or become a partner of or surety for any contractor with the company. 3 E. VII., c. 58, s. 79. 121. The directors may make by-laws or pass resolutions, Directors from time to time, not inconsistent with law, for, — ! na J' make (a) the management and disposition of the stock, property, business and affairs of the company ; (b) the appointment of all officers, servants and artificers, and the prescribing of their respective duties and the com- pensation to be made therefor; and, (c) the retirement of such of said officers and servants, on such terms as to an annual allowance or otherwise, as in each case the directors, in the interest of the company's service, and under the circumstances, consider just and reasonable. 3 E. VII., c. 58, s. 80. 527 122. E.S., 1906. Chap. 37. Railways. Appointment of ^ facers. Security. ml or guarantee. 122. The directors shall, from time to time, appoint such officers as they deem requisite, and shall take such sufficient security as they think proper from the managers and officers, for the time being, for the safe-keeping and accounting for by them respectively of the moneys raised by virtue of this Act and the Special Act, and for the faithful execution of their duties. 2. Such security may, as the directors deem expedient, be by bond or by the guarantee of any society or joint stock company incorporated and empowered to grant guarantees, bonds, coven- ants or policies for the integrity and faithful accounting of persons occupying positions of trust, or for other like purposes. 3 E. VII., c'58, s. 81. Viec-presi dent. Entry in minutes. Certificate. Evidence. Accounts. 123. In case of the absence or illness of the president, the vice-president shall have all the rights and powers of the presi- His powers, dent, and may sign all debentures and other instruments, and perform all acts which, by the regulations and by-laws of the company, or by the Special Act, are required to be signed, per- formed and done by the president. 2. The directors may, at any meeting of directors, require the secretary of the company to enter such absence or illness among the proceedings of such meeting. 3. A certificate of any such absence or illness of the presi- dent, signed by the secretary of the company, shall be delivered to any person requiring the same, on payment to the treasurer of one dollar. 4. Such certificate shall be prima facie evidence of such absence or illness at and during the period in the said certificate mentioned. 3 E. VII., c. 58, ss. 82 and 83. 124. The directors shall cause to be kept, and, annually, on the thirtieth day of June, to be made up and balanced, a true, exact and particular account of the moneys collected and received by the company, or by the directors or managers thereof, or otherwise for the use of the company, and of the charges and expenses attending the erecting, making, support- ing, maintaining and carrying on of the undertaking, and of all other receipts and expenditures of the company or the directors. 3 E. VII., c. 58, s. 84. Calls. 125. The directors may, from time to time, make such calls of money as they deem necessary upon the respective shareholders, in respect of the amount of capital respectively subscribed or owing by them, if the intervals between such calls, the notices of each call, and the other provisions of this Act and of the Special Act, in respect of calls, are duly observed and given. 2. At least thirty days' notice shall be given of each call. 3. Xo call shall exceed the amount prescribed in the Special Act. 528 4. R.S., 1906. How made. Notice. Amount. Railways. Chap. 37. 37 4. No call shall be made at a less interval than two months intervals, from the previous call. 5. A greater amount shall not be called in, in any one year, Annual than the amount prescribed in the Special Act. amount. 6. Nothing herein contained shall prevent the directors Resolution, from making more than one call by one resolution of the Board. 3 E. VII., c. 58, s. 85. 126. At least four weeks' notice of any call upon the share- Publication holders of the company shall be given by weekly publication in of notice of the Canada Gazette, and in at least one newspaper published in the place where the head office of the company is situate. 2. A copy of the Canada Gazette containing any such notice Evidence, shall on production thereof be sufficient evidence of such notice having been given. 3 E. VII., c. 58, s. 86. 12*7. Every shareholder shall ba liable to pay the amount Liability of of the calls so made, in respect of the shares held by him, to snareholder - the persons, and at the times and places, from time to time, appointed by the company or the directors. 3 E. VII., c. 58, s. 87. 128. If, on or before the day appointed for payment of Overdue calls any call, any shareholder does not pay the amount of such r lntere8t - call, he shall be liable to pay interest upon such amount, at the rate of five per centum per annum, from the day appointed Five per for the payment thereof to the time of the actual payment. cent ' 3 E. VIL, c. 58, s. 88. 129. If, at the time appointed for the payment of any Failure to call, any shareholder fails to pay the amount of the call, he may pay caU * be sued therefor in any court of competent jurisdiction, and Suit, such amount shall be recoverable with lawful interest from the day on which the call became payable. 3 E. VIL, c. 58, s. 89. 130. In any action or suit to recover any money due upon Pleadings, any call, it shall not be necessary to set forth the special matter, but it shall be sufficient to declare that the defendant is the holder of one share or more, stating the number of shares, and is indebted in the sum of money to which the calls in arrear amount, in respect of one call or more, upon one share or more, stating the number and amount of each of snch calls. 3 E. VIL, c. 58, s. 90. Dividends and Interest. 131. Dividends, at and after the rate of so much per share Declaration upon the several shares held by the shareholders in the stock of of dividends - the company, may, from time to time, be declared and paid by the directors out of the net profits of the undertaking. 6 E. VIL, c. 42, s. 5. 34 529 132. R.S., 1906. 38 Chap. 37, Railways. Reserve fund. How invested. 132. The directors may, before recommending any divi- dend, set aside out of the profits of the company such sums as they think proper as a reserve fund, to meet contingencies, or for equalizing dividends, or for repairing, maintaining, renew- ing or extending the railway or any portion thereof, and shall submit their action in regard to such reserve fund to the share- holders at a general meeting for their approval. 2. The directors may invest the sum so set apart as a reserve fund in such securities, not inconsistent with this or the Special An. aa they select. 3 E. VII., c. 58, s. 92. No dividend out of capital. Or if call unpaid. Proviso as to interest. 133. Xo dividend shall be, — (a) declared whereby the capital of the company is in any degree reduced or impaired ; or, (b) paid out of such capital ; or, (c) paid in respect of any share, after a day appointed for payment of any call for money in respect thereof, until such call has been paid: Provided that the directors may in their discretion, until the railway is completed and opened to the public, pay interest at any rate, not exceeding five per centum per annum, on all sums actually paid in cash in respect of the shares, from the respective days on which the same have been paid, and that such interest shall accrue and be paid at such times and places as the direc- tors appoint for that purpose. 3 E. VII., c. 58, s. 93. If share- 134. No interest shall accrue to any shareholder in respect arrears. m of any share upon which any call is in arrear, or in respect No interest, of any other share held by such shareholder while such call remains unpaid. 3 E. VII., c. 58, s. 94. Arrears deducted from divi- dend. 135. The directors may deduct, from any dividend payable to any shareholder, all or any such sum or sums of money as are due from him to the company on account of any call or other- wise. 3 E. VII., c. 58, s. 94. Authorized. Procedure. Bonds, Mortgages and Borrowing Powers. 136. Subject to the provisions of this Act and of the Special Act, the directors of the company may, when thereunto author- ized by the Special Act, issue bonds, debentures, perpetual or terminable debenture stock, or other securities, if duly empowered in that behalf by the shareholders, at any special meeting called for the purpose by notice in the manner provided by this Act, or at any annual meeting in case like notice of intention to apply for such authority at such annual meeting has been given, at which meeting, whether annual or special, shareholders representing at least two-thirds in value of the subscribed stock of the company and who have paid all calls duo thereon, are present in person, or represented by proxy. 530 2. K.S., 1906. Railways. Chap. 37. 39 2. Such securities shall be signed by the president or other Securities, presiding officer and countersigned by the secretary, and such Ju^ 6 * 6 ' counter-signature, and the signature to the coupons attached to such securities, may be engraved. 3. Such securities may be made payable at such times and When and in such manner and at such place or places in Canada or else- ^hl™ Pa> where, and may bear such rate of interest, not exceeding five interest. per centum per annum, as the directors think proper. 4. No such security shall be for a less sum than one hundred Amount, dollars. 5. The directors may, for the purpose of raising money for Terms of prosecuting the undertaking, issue, and sell or pledge, all or any sale - of the said" securities, at the best price, and upon the best terms and conditions, which at the time they may be able to obtain. 6. The power of issuing securities conferred upon the com- Extent of pany by this Act, or under the Special Act, shall not be con- power!'" 8 strued as being exhausted by any issue, and such power may be exercised from time to time: Provided that the limit to the amount of securities fixed in the Special Act shall not be ex- ceeded. 3 E. VII., c. 58, s. 111. 137. Xo power to issue or dispose of any such securities Provincial conferred by any Special Act of a provincial legislature shall, if raihvay - such railway is thereafter brought under the legislative author- ity of the Parliament of Canada, be subsequently exercised without the sanction of the Governor in Council. 3 E. VII., c. 58, s. 111. 138. The company may secure such securities by a mort- Mortgage, gage deed creating such mortgages, charges and encumbrances upon the whole of such property, assets, rents and revenues of the company, present or future, or both, as are described therein : Provided that such property, assets, rents and revenues shall be subject, in the first instance, to the payment of any penalty then or thereafter imposed upon the company for non- compliance with the requirements of this Act, and next, to the payment of the working expenditure of the railway. 2. By the said mortgage, the company may grant to the Powers holders of such securities, or the trustees named in such mort- ""hich may gage, ;ill and every the powers, rights and remedies granted by in mortgage. Ili is Act in respect of the said securities, and all other powers, rights and remedies, not inconsistent with this Act, or may restrict the said holders in the exercise of any power, privilege or remedy granted by this Act, as the case may be: and all the powers, rights and remedies, so provided for in such mortgage, shall bo valid and binding and available to the said holders in manner and form as therein provided. ."» K. VII.. <•. 58, 3. 1 12. 139. The company may oxcept from the operation of any Property ex- such mortgage any assets, property, rents or revenue of the cept f d from oil eo-i " mortgage. o-i-h 531 company ' R.S., 1906. 40 Chap. 37. Railways. Special description. company, and may declare and provide therein that such mort- gage shall only apply to and affect certain sections or portions of the railway or property of the company. 2. Where any such exception is made, the company shall in such mortgage deed expressly specify and describe, with suffi- cient particularity to identify the same, the assets, property, rents or revenue of the company, or the sections or portion- of the railway not intended to bo included therein or conveyed thereby. 3 E. VII., c. 58, s. 112. Deposit with Secretary of State. Notice. No other registration. Securities a first charge. Holder a mortgagee. No proceed- ings except by trustee. Default of company. Rights of security holders. 140. Every such mortgage deed, and every assignment thereof, or other instrument in any way affecting such mortgage or security, shall be deposited in the office of the Secretary of State of Canada, and notice of such deposit shall forthwith be given in the Canada Gazette. 2. Such mortgage deed or other instrument need not be regis- tered under the provisions of any law respecting registration of instruments affecting real or personal property. 3 E. VII., c. 58, s. 112. 141. Subject as hereinbefore provided to the payment of penalties and the working expenditure of the railway, and to any lawful restriction or exception contained in the mortgage deed, the securities so authorized to be issued shall be taken and considered to be the first preferential claim and charge upon the company, and the franchise, undertaking, tolls and income, rents and revenues, and the real and personal property thereof, at any time acquired. 3 E. VII., c. 58, s. 113. 142. Each holder of the said securities shall be deemed to be a mortgagee or encumbrancer upon the mortgaged premises pro rata with all the other holders. 2. No proceedings authorized by law or by this Act shall be taken to enforce payment of the said securities, or of the interest thereon, except through the trustee or trustees appointed bv or under such mortgage deed. 3 E. VII., c. 58, s. 113. 143. If the company makes default in paying the prin- cipal of or interest on any of such securities at the time when such principal or interest, by the terms of the securities, becomes due and payable, then at the next annual general meet- ing of the company, and at all subsequent meetings, all holders of such securities so being and remaining in default, shall, in respect thereof, subject to the provisions of the next following section, have and possess the same rights, privileges and quali- fications for being elected directors, and for voting at general meetings, as would attach to them as shareholders, if they held fully paid-up shares of the company to a corresponding amount. 3 E. VII., c. 58, s. 114. 532 144. R.S., 1906. Railways. Chap. 37. 41 144. The rights given by the last preceding section shall Limitations not be exercised by any such holder, unless it is so provided sudi^rfghts. by the mortgage deed, nor unless the security in respect of which he claims to exercise such rights has been registered in his name, in the same manner as the shares of the company are registered, at least ten days before he attempts to exercise the right of voting thereon. 2. The company shall be bound on demand to register such Registration, securities, and thereafter any transfers thereof, in the same manner as shares or transfers of shares. 3 E. VII c 58 s. 114. 145. The exercise of the rights so given as provided by the Other rights two last preceding sections, shall not take away, limit or restrain not affected - any other of the rights or remedies to which the holders of the said securities are entitled under the provisions of such mort- gage deed. 3 E. VII., c. 58, s. 114. 146. All such securities may be made payable to bearer, Jra nsf er by and shall, in that case, be transferable by delivery until regis- enery ' tration thereof, as hereinbefore provided. 2. While so registered, they shall be transferable by written Or writing transfers, registered in the same manner as in the case of the ' reglS transfer of shares. 3 E. VII., c. 58, s. 115. 147. The company may, for the purposes of the under- Power to taking, borrow money by overdraft or upon promissory note, oSmftT warehouse receipt, bill of exchange, or otherwise upon the credit etc - of the company, and become party to promissory notes and bill- of exchange. 2. Every such note or bill made, drawn, accepted or endorsed Note or bill by the president or vice-president of the company, or other how° mad^ nJ ' officer authorized by the by-laws of the company, and counter- signed by the secretary of the company, shall be binding on the company, and shall be presumed to have been made, drawn. accepted or endorsed with proper authority, until the contrarv is shown. 3. It shall not be necessary in any case to have the se;il No seal of the company affixed to any such promissory note or bill ,,f ne cessary. exchange. • 4. Nothing in this section shall be construed to authorize No bill pay- £he company to issue any note or bill payable to bearer, or a ^ le to intended to be circulated as monev, or as the note or bill of a bank. 3 E. VII., c. 58, s. 116. 148. Neither the president, vice-president or secretary, or Officers not any other officer of the company so authorized as aforesaid, shall P. e y*, OMnll > be individually responsible for any such promissory note or bill of exchange made, drawn, accepted or endorsed, or counter rigned by him, unless such promissory note or bill of exchange 533 has E.S., 1906. 42 Chap. 37. Eailways. has been issued without proper authority. 3 E. VII., c. 58, s. 116. Purchase of Railway Securities. Company not to purchase railway stock. 149. Xo company shall, cither directly or indirectly, em- ploy any of its funds in the purchase of its own stock, or in the acquisition of any shares, bonds or other securities, issued by any other railway company in Canada, or in the purchase or acquisition of any interest in any such stock, shares, bonds or Existing other securities: Provided that nothing in this section shall rights saved, affect the powers or rights which any company in Canada had or possessed on the first day of February, one thousand nine hundred and four, by virtue of any Special Act, to acquire, have or hold shares, bonds, or other securities of any railway company in Canada or the United States. 3 E. VII., c. 58, s. 290. " CONSTRUCTION. Limitation of Time for Construction. Commence ment. 150. If the construction of the railway is not commenced and fifteen per centum of the amount of the capital stock is not expended thereon within two years after the passing of the Act authorizing the construction of the railway, or if the rail- Completion, way is not finished and put in operation within five years from the passing of such Act, then the powers granted by such Act, or by this Act, shall cease and be null and void as respects so much of the railway as then remains uncompleted. 3 E. VTL, c. 58, s. 117. General Powers. Of company. Entry upon Crown lands Surveys. Receive grants and bonuses. Acquire property. 151. The company may, for the purposes of the under- taking, subject to the provisions in this and the Special Act contained, — (a) enter into and upon any Crown lands without previous license therefor, or into and upon the lands of any person whomsoever, lying in the intended route or line of the rail- way, and make surveys, examinations or other necessary arrangements on such lands for fixing the site of the rail- way, and set out and ascertain such parts of the lands as are necessary and proper for the railway; (b) receive, take and hold, all voluntary grants and dona- tions of lands or other property or any bonus of money or debentures, or other benefit of any sort, made to it for the purpose of aiding in the construction, maintenance and accommodation of the railway ; but the same shall be held and used for the purpose of such grants or donations only ; (c) purchase, take and hold of and from any person, any lands or other property necessary for the construction, 534 maintenance K.S., 1906. Railways. Chap. 37. 43 maintenance and operation of the railway, and also alien- ate, sell or dispose of, any lands or property of the com- Dispose of pany which for any reason have become not necessary for required. DOt the purposes of the railway; (d) make, carry or place the railway across or upon the Placing of lands of any person on the located line of the railway ; (e) cross any railway, or join the railway with any other Cross and railway at any point on its route, and upon the lands of other^-aiT such other railway, with the necessary conveniences for ways. the purposes of such connection; (f) make, complete, operate, alter and maintain the railway Construct with one or more sets of rails or tracks, to be worked by a "^ v op T erate the force and power of steam, electricity, or of the atmos- phere, or by mechanical power, or any combination of them ; (g) construct, erect and maintain all necessary and con- Buildings, venient roads, buildings, stations, depots, wharfs, docks, equipment, elevators, and other structures, and construct, purchase and acquire stationary or locomotive engines, rolling stock, and other apparatus necessary for the accommodation and use of the traffic and business of the railway ; (h) make branch railways, and manage the same, and for Branch rail- that purpose exercise all the powers, privileges and author- ways- ity necessary therefor, in as full and ample a manner as for the railway ; (i) take, transport, carry and convey persons and goods on Transport the railway, and regulate the time and manner in which Passengers the same shall be transported, and the tolls to be charged therefor ; (j ) fell or remove any trees which stand within one hundred Remove feet from either side of the right of way of the railway, or rees- which are liable to fall across any railway track ; (k) make or construct in, upon, across, under or over any Make railway, tramway, river, stream, watercourse, canal, or ^j" 11618 an< iL highway, which it intersects or touches, temporary or per- manent inclined planes, tunnels, embankments, aqueducts, bridges, roads, ways, passages, conduits, drains, piers, arches, cuttings and fences; (I) divert or alter, as well temporarily as permanently, the Divert high- course of any such river, stream, watercourse or highway, ^terways. or raise or sink the level thereof, in order the more con- veniently to carry the same over, under or by the side of the railway; (m) make drains or conduits into, through or under any Construct lands adjoining the railway, for the purpose of convovinc: ' rains ' water from or to the railway ; (n) divert or alter the position of any water-pipe, gas-pipe, Divert sower, or drain, or anv telegraph, telephone or electric drams -. P'P efJ ' ' ° r ' and wires. lines, wires or poles ; (o) construct, acquire and use telegraph, telephone or elec- Telegraph, trie lines and plant; etc - 535 (p) R.S., 1906. 44 Chap. 37. Railivays. Alter and substitute other works. Other necessary acts. Company may dispose of lands acquired from Crown. To another company. (p) from time to time niter, repair or discontinue the works hereinbefore mentioned, or any of them, and substitute others in their stead; and, (q) do all other acts necessary for the construction, main- tenance and operation of the railway. 3 E. VII., c. 58, s. 118. 152. Any company which has obtained from the Crown, by any of subsidy or otherwise, in respect of the construction or operation of its railway, a right to any land or to an interest in land, has, and from the time of obtaining such right has had, as incident to the exercise of its corporate powers, authority to acquire, sell or otherwise dispose of the same or any part thereof. 2. Such company may convey such right or interest or any part thereof, to any other company which has entered into any undertaking for the construction or operation, in whole, or in part, of the railway in respect of which such land or interest in land was given; and thereafter such other company shall have, in respect of such land or interest in land, the same authority as that of the company which has so conveyed it. 3 E. VII., c. 58, s. 118. 153. If any lands have been given to the company by any corporation or person, as aid towards, or as consideration in whole or in part for the construction or operation of the com- pany's railway, either generally or with respect to the adoption of any particular route, or on any other account, the authority of the company, and of any other company to which it may con- vey its right in any of the said lands, shall be the same as if such lands had been obtained by the company from the Crown as aforesaid. 3 E. VII., c. 58, s. 118. Diversions 154. The company shall restore, as nearly as possible, to tions 3 tcTbe ^ s former state, any river, stream, watercourse, highway, water- made good, pipe, gas-pipe, sewer or drain, or any telegraph, telephone or oloctric line, wire or pole, which it diverts or alters, or it shall put the same in such a state as not materially to impair the use- fulness thereof. 3 E. VII. , c. 58, s. 119. Lands given to company by any person. Compensa- tion. Exercise of powers in United States. 155. The company shall, in the exercise of the powers by this or the Special Act granted, do as little damage as possible, and shall make full compensation, in the manner herein and in the Special Act provided, to all persons interested, for all damage by them sustained by reason of the exercise of such powers. 3 E. VII., c. 58, s. 120. 156. Any company operating a railway from any point in Canada to any point on the international boundary line may exercise, beyond such boundary, in so far as permitted by the laws there in force, the powers which it may exercise in Canada. 3 E. VIL, c. 58, s. 121. 536 157. R.S., 1906. Railways. Chap. 37. 45 Location of Line. 157. The company shall prepare, and submit to the Minis- Map. ter, in duplicate, a map showing the general location of the proposed line of the railway, the termini and the principal towns and places through which the railway is to pass, giving the names thereof, the railways, navigable streams and tide- waters, if any, to be crossed by the railway, and such as may be within a radius of thirty miles of the proposed railway, and, generally, the physical features of the country through which the railway is to be constructed, and shall o-ive such further or other information as the Minister may require. 2. Such map shall be prepared upon a scale of not less than g ca i e six miles to the inch, or upon such other appropriate scale as the Minister may determine, and shall be accompanied by an appli- cation in duplicate, stating the Special Act authorizing the implication construction of such railway, and requesting the Minister's approval of the general location as shown on the said map. 3. Before approving such map and location the Minister Approval. • may, subject to the Special Act, make such changes and altera- tions therein as he may deem expedient, and upon being Alterations, satisfied therewith shall signify his approval upon the map and the duplicate thereof. 4. The map when so approved and the application shall be Filing, filed in the Department of Railways and Canals, and the dupli- cate thereof with the Board. 5. The Minister in approving any such map and location Minister may may approve the whole or. any portion thereof, and where he a PP rove approves only a portion thereof he shall signify his approval portion, upon the map and the duplicate thereof accordingly. 6. The provisions of this section shall only apply to the main Application line, and to branch lines over six miles in length. 3 E. VII., of sectlon - c. 58, s. 122; 6 E. VII., c. 42, s. 6. 158. Upon compliance with the provisions of the last pre- - Pla °; P r ° fi 'e ceding section, the company shall make a plan, profile and book of reference, of reference of the railway. 2. The plan shall show, — Plan. (a) the right of way, with lengths of sections in miles; (b ) the names of terminal points ; (c) the station grounds; ( d) the property lines and owners)' names ; (e) the areas and length and width of lands proposed to be taken, in figures, stating every change of width ; (f) the bearings; and, (g) all open drains, watercourses, highways and railways proposed to be crossed or affected. 3. The profile shall show the grades, curves, highway and Profile, railway crossings, open drains and watercourses. 4. The book of reference shall describe the portion of land Book of proposed to be taken in each lot to be traversed, giving numbers ,eference - 537 of R.S., 1906. 46 Chap. 37. Hailways. Further in- formation. Sections. Quebec. Sanction by Board. of the lots, and the area, length and width of the portion of each lot proposed to be taken, and names of owners and occupiers so far as they can be ascertained. 5. The Board may require any additional information for the proper understanding of the plan and profile. 6. The plan, profile and book of reference may be of a sec- tion or sections of the railway. 7. In the province of Quebec the portion of the railway com- prised in each municipality shall be indicated on the plan, and in the book of reference, by separate number or numbers. 3 E. VII., c. 58, s. 122. 159. Such plan, profile and book of reference shall be sub- mitted to the Board which, if satisfied therewith, may sanction the same. 2. The Board by such sanction shall be deemed to have approved merely the location of the railway and the grades and curves thereof, as shown in such plan, profile and book of refer- ence, but not to have relieved the company from otherwise complying with this Act. 3. In granting any such sanction the Board shall be bound by the general location as approved by the Minister: Provided that the Board may, unless the Minister otherwise specifically directs, sanction a deviation of not more than one mile from any one point on the said general location so approved. 4. Before sanctioning any plan, profile or book of reference of a section of a railway, the Board may require the company to submit the plan, profile and book of reference of the whole, or of any portion of the remainder of the railway, or such fur- ther or other information as the Board may deem expedient. 3 E. VII., c. 58, s. 123; 6 E. VII., c. 42, s. 7. 160. The plan, profile and book of reference, when so sanctioned, shall be deposited with the Board, and each plan shall be numbered consecutively in order of deposit. 2. The company shall also deposit copies thereof, or of such parts thereof as relate to each district or county through which the railway is to pass, duly certified copies by the Secretary, in the offices of the registrars of deeds for such districts or counties respectively. 3 E. VII., c. 58, s. 124. 161. The railway may be made, carried or placed across or upon the lands of any person on the located line, although through error or any other cause, the name of such person has not been entered in the book of reference, or although some other person is erroneously mentioned as the owner of or entitled to convey, or as interested in such lands. 3 E. VII., c. 58, s. 125. Corrections. 162. Where any omission, misstatement or error is made in any plan, profile or book of reference so registered, the 538 company, R.S., 1906. Effect. Board may sanction deviation of 1 mile. Further information. Deposit with Board. With regis- trar of deeds. Errors. Railways. Chap. 37. 47 company may apply to the Board for a certificate to correct the Procedure, same. 2. The Board may, in its discretion, require notice to be Notice, given to parties interested, and, if it appears to the Board that such omission, misstatement or error arose from mistake, may grant a certificate setting forth the nature of the omission, misstatement or error and the correction allowed. 3. Upon the deposit of such certificate with the Board, Deposit, and of copies thereof, certified as such by the Secretary, with the registrars of deeds of the districts or counties, respectively, in which such lands are situate, the plan, profile or book of reference shall be taken to be corrected in accordance there- with, and the company may, thereupon, subject to this Act, construct the railway in accordance with such correction. 4. Two justices may exercise the powers of the Board under Powers of this section. 3 E. VII., c. 58, s. 126. tvro Justices. 163. Every registrar of deeds shall receive and preserve Duties of in his office, all plans, profiles, books of reference, certified ^deeds* copies thereof, and other documents, required by this Act to be deposited with him, and shall endorse thereon the day, hour and minute when the same were so deposited. 2. All persons may resort to such olans, profiles, books of Extracts and reference, copies and documents so deposited, and may make cor>ies - extracts therefrom, and copies thereof, as occasion requires, paying the registrar therefor at the rate of ten cents for each Fees, hundred words, so copied or extracted, and ten cents for each copy made of any plan or profile. 3. The registrar shall, at the request of any person, certify Certified copies of any such plan, profile, book of reference, or docu- c °P ies - ment, so deposited in his office, or of such portions thereof as may be required, on being paid therefor at the rate of ten Fees, cents for each hundred words copied, and such additional sum, for any copy of plan or profile furnished by him, as is reason- able and customary in like cases, together with fifty cents for each certificate given by him. 4. Such certificate of the registrar shall set forth that the Certificate of plan, profile or document, a copy of which, or of any portion re g' strar - of which, is certified by him, is deposited in his office, and shall state the time when it was so deposited, and that he has care- fully compared the copy certified with the document on file, and that the same is a true copy of such original. 3 E. VI 1., c. 58, s. 127. 164. A plan and profile of the completed railway or of Plan and any part thereof which is completed and in operation, and P rofll ] e of d of the land taken or obtained for the use thereof, shall, within Hnp must be six months after completion of the undertaking, or within fi1ed ' six months after beginning \<> operate any such completed part, as the case may be, or within such extended or renewed 539 period E.S., 190& 48 Chap. 37. I! ail ways. At registry offices. With Board, period as the Board at any time directs, be made and filed with the Board. 2; Plans of the parts of such railway so completed or in operation located in different districts and counties, prepared on such a scale, and in such manner, and form, and signed, or authenticated in such manner, as the Board may from time to time, by general regulation or in any individual case, sanc- tion or require, shall be filed in the registry offices for the dis- tricta and counties in wliich such parts are respectively situate. 3 E. VII., c. 58, s. 128. Plans and profiles, how prepared. Certilication. Book of reference. Board may refuse sanction. Further plans, etc., as Board requires. Deviations, changes or alterations. Plan, profile, etc. Sanction. Deposit. Company may execute works. 165. All plans and profiles required by law to be deposited by the company with the Board, shall be drawn to such scale, with such detail, upon such materials, and shall be of such character, as the Board may, either by general regulation, or in any case, require or sanction. 2. All such plans and profiles shall be certified and signed by the president or vice-president or general manager, and also by the engineer of the company. 3. Any book of reference, required to be so deposited, shall be prepared to the satisfaction of the Board. 4. Unless and until such plan, profile and book of reference is so made satisfactory to the Board, the Board, may refuse to sanction the same, or to allow the same to be deposited with the Board. 3 E. VII., c. 58, s. 129. 166. In addition to such plans, profiles and books of refer- ence, the company shall, with all reasonable expedition, pre- pare and deposit with the Board, any other or further plans, profiles, or books of reference of any portion of the railway, or of any siding, station or works thereof, which the Board may from time to time order or require. 3 E. VII., c. 58, s. 129. 167. If any deviation, change or alteration is required by the company to be made in the railway, or any portion thereof, as already constructed, or as merely located and sanctioned, a plan, profile and book of reference of the portion of such railway proposed to be changed, showing the deviation, change or altera- tion proposed to be made, shall, in like manner as hereinbefore provided with respect to the original plan, profile and book of reference, be submitted for the approval of the Board, and may be sanctioned by the Board. 2. The plan, profile and book of reference of the portion of such railway so proposed to be changed shall, when so sanc- tioned, be deposited and dealt with as hereinbefore provided with respect to such original plan, profile and book of reference. 3. The company may thereupon make such deviation, change, or alteration, and all the provisions of this Act shall apply to the portion of such line of railway so at any time changed or proposed to be changed, in the same manner as they apply to the original line. 540 4. R.S., 1906. Railways. Chap. 37. 49 4. The Board may, either by general regulation, or in any Board may particular case, exempt the company from submitting the plan, dispense with profile and book of reference, as in this section provided, where such deviation, change, or alteration, is made, or to be made, for the purpose of lessening a curve, reducing a gradient, or other- wise benefiting the railway, or for any other purpose of public advantage, as may seem to the Board expedient, if such devia- tion, change, or alteration does not exceed three hundred feet from the centre line of the railway, located, or constructed, in accordance with the plans, profiles and books of reference de- posited with the Board under this Act. 5. Nothing in this section shall be taken to authorize any Termini to extension of the railway beyond the termini mentioned in the be observed - Special Act. 3 E. VII., c. 58, s. 130. 168. The company shall not commence the construction of Commence- the railway, or any section or portion thereof, until the plan, ™orks° f profile and book of reference has been submitted to and sanc- tioned by the Board as hereinbefore provided, nor until such plan, profile and book of reference so sanctioned has been de- posited with the Board, and duly certified copies thereof with the registrars of deeds, in accordance with the provisions of this Act. 2. The company shall not make any change, alteration or Alteration, deviation in the railway, or any portion thereof, until the provi- sions of the last preceding section are fully complied with. 3 E. VII., c. 58, s. 131. Mines and Minerals. 169. No company shall, without the authority of the Board. Mines to be locate the line of its proposed railway, or construct the same or P rotected - any portion thereof, so as to obstruct or interfere with, or in- juriously affect the working of, or the access or adit to any mine then open, or for the opening of which preparations are, at the time of such location, being lawfully and openly made. 3 E. VII., c. 58, s. 132. 170. The company shall not, unless the same have been Company not expressly purchased, be entitled to any mines, ores, metals, coal. en . titlef J to slate, mineral oils or other minerals in or under any lands pur- chased by it, or taken by it under any compulsory powers given it by this Act, except only such parts thereof as are necessary Exception, to be dug, carried away or used in the construction of the works. 2. All such mines and minerals, except as aforesaid, shall r Vot included be deemed to be excepted from the conveyance of such lands. Lnce? nVe7 " unless thev have been expressly named therein and conveyed thereby. 3 E. VII., c. 58, s. 132. 171. No owner, lessee or occupier of any such mines or Mining under minerals lying under the railway or any of the works connected or ^t"' 11 40 541 therewith E.S., 1906. 50 (hup. 37. Bailways. yards of any therewith, or within forty yards therefrom, shall work the same railway. until leave therefor lias been obtained from the "Board. Application 2. Upon any application to the Board for leave to work any Board"'' ° sm>n mines or minerals, the applicant shall submit a plan and profile of the portion of the railway to be affected, thereby, and of the mining works or plant affecting the railway, proposed to be constructed or operated, giving all reasonable and necessary information and details as to the extent and character of the same. Protection 3. The Board may grant such application upon such terms the public ° f an< ^ conditions for the protection and safety of the public as to the Board seem expedient, and may order that such other works be executed, or measures taken, as under the circumstances appear to the Board best adapted to remove or diminish the danger arising or likely to arise from such mining operations. 3 E. YIL, c. 58, s. 133. The talcing or using of Lands. Crown lands. 172. ~Ro company shall take possession of, use or occupy any lands vested in the Crown, without the consent of the Governor in Council. Consent. 2. Any company may, with such consent, upon such terms as the Governor in Council prescribes, take and appropriate, for the use of its railway and works, so much of the lands of the Crown lying on the route of the railway as have not been granted or sold, and as is necessary for such railway, and also so much of the public beach, or bed of any lake, river or stream, or of the land so vested covered with the waters of any such lake, river or stream as is necessary for making and completing and using its said railway and works. May not 3. The company may not alienate any such lands so taken, alienate. used 01' occupied. In trust. 4. Whenever any such lands are vested in the Crown for Compensa- an y special purpose, or subject to any trust, the compensation tion. money which the company pays therefor shall be held or applied by the Governor in Council for the like purpose or trust. 3 I-:. VII., c. 58, s. 134. Public beach 173. The extent of the public beach, or of the land covered and lands with the waters of any river or lake in Canada, taken for water 6 the railway, shall not exceed the quantity hereinafter limited in the case of lands which may be taken without the consent of the owner. 3 E. VII., c. 58, s. 134. Naval or 174. Whenever it is necessary for the company to occupy military an y p ar t of the lands belonging to the Crown reserved for naval or military purposes, it shall first apply for and obtain the license and consent of the Crown, under the hand and seal of the Governor General. 542 2. R.S., 1906. Railways. Chap. 37. 51 2. No such license or consent shall be given, except upon a License or report first made thereupon by the naval or military authorities. consent - in which such lands are for the time being vested, approving of such license and consent being so given. 3. The company may, with such license and consent, at any Entry. time or times enter into and enjoy any of the said lands for the purposes of the railway. 3 E. VII., c. 58, s. 135. 175. No company shall take possession of or occupy any Indian lands, portion of any Indian reserve or lands, without the consent of the Governor in Council. 2. When, with such consent, any portion of any such reserve Consent. or lands is taken possession of, used or occupied by any com- pany, or when the same is injuriously affected by the construc- tion of any railway, compensation shall be made therefor as in the case of lands taken without the consent of the owner. 3 E. VII., c. 58, s. 136. 176. The company may take possession of, use or occupy Lands of any lands belonging to any other railway company, use and companies, enjoy the whole or any portion of the right of way, tracks, terminals, stations or station grounds of any other railway com- pany, and have and exercise full right and power to run and operate its trains over and upon any portion or portions of the railway of any other railway company, subject always to the approval of the Board first obtained and to any order and direc- tion which the Board may make in regard to the exercise, enjoyment or restriction of such powers or privileges. 2. Such approval may be given upon application and notice, Procedure and, after hearing, the Board may make such order, give such tberefor - directions, and impose such conditions or duties upon either party as to it may appear just or desirable, having due regard to the public and all proper interests. 3. If the parties fail to agree as to compensation, the Board Compensa- may, by order, fix the amount of compensation to be paid in n ' respect of the powers and privileges so granted. 3 E. VII., c. 58, s. 137 ; 6 E. VII., c. 42, s. 8. 177. The lands which may be taken without the consent Extent of of the owner shall not exceed, — ,ands - (a) for the right of way, one hundred feet in breadth, except For right of in places were the rail level is or is proposed to be more way - than five feet above or below the surface of the adjacenl lands, when such additional width may be taken as shall suffice to accommodate the slope and side ditches ; (b) for stations, depots and yards, with the freighl sheds. For stations, warehouses, wharfs, elevators and other structures for the accommodation of traffic incidental thereto, one mile in length by five hundred feet in breath, including the width of the right of way. 3 E. VII., c. 58, s. 138. 543 178. R.S., 1906. 52 Chap. 37. Railways. Where more ample space required. Procedi What appli- cation must include. Plan. etc. Particulars to be specified. Authority from Board. In duplicate. Deposit with registrars of deeds. Provisions of this Act which apply. E.S., 1906. 178. Should the company require, at any point on the railway, mere ample space than it possesses or may take under the last preceding section, for the convenient accommodation of the public, or for the traffic on its railway, or for protection against snowdrifts, or for the diversion of a highway, or for the substitution of one highway for another, or for the con- struction or taking of any works or measures ordered by the Board under any of the provisions of this Act or the Special Act, or to secure the efficient construction, maintenance or operation of the railway, it may apply to the Board for author- ity to take the same for such purposes, without the consent of the owner. 2. The company shall give ten days' notice of such application to the owner or possessor of such lands, and shall, upon such application, furnish to the Board copies of such notices, with affidavits of the service thereof. 3. The company, upon such application, shall also furnish to the Board, in duplicate, — (a) a plan, profile and book of reference of the portion of the railway affected, showing the additional lands re- quired, and certified as hereinbefore provided with respect to plans and profiles required to be deposited by the com- pany with the Board ; ( b) an application, in writing, for authority to take such lands, signed and sworn to by the president, vice-president, general manager or engineer of the company, referring to the plan, profile and book of reference, specifying definitely and in detail the purposes for which each portion of the lands is required, and the necessity for the same, and show- ing that no other land suitable for such purposes can be acquired at such place on reasonable terms and with less injury to private rights. 4. After the time stated in such notices, and the hearing of such parties interested as may appear, the Board may, in its discretion, and upon such terms and conditions as the Board deems expedient, authorize in writing the taking, for the said purposes, of the whole or any portion of the lands applied for. 5. Such authority shall be executed in duplicate, and one of such duplicates shall be filed, with the plan, profile, book of reference, application and notices, with the Board; and the other, with the duplicate plan, profile, book of reference and application, shall be delivered to the company. 6. Such duplicate authority, plan, profile, book of reference .mil application, or copies thereof certified as such by the Secretary, shall be deposited with the registrars of deeds of the districts or counties, respectively, in which such lands are situate. 7. All the provisions of this Act applicable to the taking of lands without the consent of the owner for the right of way or main line of the railway shall armly to the lands author- 544 ized Railways. Chap. 37. 53 ized under this section to be taken, except the provisions relat- ing to the sanction by the Board of the plan, profile and book of reference of the railway, and the deposit thereof, when so sanctioned, with the Board and with registrars of deeds. 8. The Board may, upon consent in writing having been Repeal and first obtained from the Minister in that behalf, repeal, rescind, chan j? e oi change or vary any certificate of the Minister made under sec- made under tion one hundred and nine of The Railway Act, 1888. 3 E. 18s ?5 9 c - 29> VII., c. 58, s. 139 ; 6 E. VIL, c. 42, s. 9. 179. The company, either for the purpose of constructing Use of or repairing its railway, or for the purpose of carrying out a d J° inln !? the requirements of the Board, or in the exercise of the powers conferred upon it by the Board, may enter upon any land which is not more than six hundred feet distant from the centre of the located line of the railway, and may occupy the said land as long as is necessary for the purposes aforesaid; and all the provisions of law at any time applicable to the tak- ing of land by the company, and its valuation, and the com- pensation therefor, shall apply to the case of any land so required. 2. Before entering upon any land for the purposes afore- If owner said, the company shall, in case the consent of the owner is not d °ng en l t t obtained, pay into the office of one of the superior courts for the province in which the land is situated, — (a) such sum, as is, after two clear days' notice to the Sum to be owner of the land, or to the person empowered to convey de P° slted - the same, or interested therein, fixed by a judge of such superior court ; and, (b) interest for six months upon the sum so fixed. Interest. 3. Such deposit shall be retained to answer any compen- As security sation which may be awarded the person entitled thereto, fo [. com P en - and may upon order of a judge of such court, be paid out to such person in satisfaction pro tanto of such award, and the surplus, if any thereafter remaining, shall, by order of the judge, be repaid to the company. 4. Any deficiency in such deposit to satisfy such award Deficiency shall be forthwith paid by the company to the person entitled to e pa ' to compensation under such award. 3 E. VIL, c. 58, s. 140. 180. Whenever,— (a) any stone, gravel, earth, sand, water or other material Obtaining is required for the construction, maintenance or opera- ^^Yruction* tion of the railway, or any part thereof ; or, or operation. (b) such materials or water, so required, are situate, or have Transport, been brought to a place at a distance from the line of railway; and, (c) the company desires to lay down the necessary tracks, Tracks or spurs or branch lines, water pipes or conduits, over or conduits - through any lands intervening between the railway and 35 545 the U.S., 1906. 54 Chap. 37, Railways. Plan and ption. the land on which snch materials or water are situate, or to which they have been brought; the company may, if ii cannot agree with ihe owner of the lands for the purchase thereof, cause a land surveyor, duly licensed to act in (he province, or an engineer, to make a plan and description of the property or right of way, and shall serve upon each of the owners or occupiers of the lands affected a copy of such plan and description, or of so much thereof as relates to the lands owned or occupied by them respectively, duly certified by such surveyor or engineer. 2. All the provisions of this Act shall, in so far as applicable, apply, and the powers thereby granted may be used and exer- cised to obtain the materials or water, so required, or the right of way to the same, irrespective of the distance thereof: Provided that the company shall not be required to submit any such plan for the sanction of the Board. 3. The company may, at its discretion, acquire the lands from which such materials or water are taken, or upon which the right of way thereto is located, for a term of years or permanently. 4. The notice of arbitration, if arbitration is resorted to, shall state the extent of the privilege and title required. 5. The tracks, spurs or branch lines constructed or laid by the company under this section shall not be used for any pur- pose other than in this section mentioned, except by leave of the Board, and subject to such terms and conditions as the Board sees fit to impose. 3 E. VII. , c. 58, s. 141. 181. "Whenever the company can purchase a larger quantity of land from any particular owner at a more reason- able price, on the average, or on terms more advantageous, than those upon which it could obtain the portion thereof which it may take from him without his consent, it may purchase such larger quantity. 2. The company may sell and dispose of any part of the lands so purchased which may be unnecessary for its under- taking. 3 E. VII., c. 58, s. 142. Snow fences. 182. Every company may, on and after the first day of November, in each year, enter into and upon any lands of His Majesty, or of any person, lying along the route or line of the railway, and erect and maintain snow fences thereon, subject to the payment of such land damages, if any actually suffered, as are thereafter established, in the manner provided by law with respect to such railway. 2. Every snow fence so erected shnll be removed on or before the first day of April then next following. 3 E. VII., c. 58, s. 143. Provisions of this A< t which apply. Title may be acquiied. Arbitration. Tracks not to be used for other purposes. Purchase of more land than re- quired. Pe sale. Compensa tion. Removal. Power of representa- 183. All tenants in tail or for life, greves de substitution, guardians, curators, executors, administrators, trustees and all 546 E.S., 1906. persons Railways. Chap. 37. 55 persons whomsoever, as well for and on behalf of themselves, tive persons their heirs and successors, as on behalf of those whom they to conve y- represent, whether infants, issue unborn, lunatics, idiots, femes- covert or other persons, seized, possessed of or interested in any lands, may contract and sell and convey to the company all or any part thereof. 3 E. VII., c. 58, s. 144. 184. When such persons have no right in law to sell or con- Order of vey the rights of property in the said land, they may obtain Judge may from a judge, after due notice to the persons interested, the right to sell the said land. 2. The said judge shall give such orders as are necessary to Purchase secure the investment of the purchase money, in such a manner mone Y- as he deems necessary, in accordance with the law of the pro- vince, to secure the interests of the owner of the said land. 3 E. VII., c. 58, s. 145. 185. The powers, by the last two preceding sections con- Limitation ferred upon,— • convey 6 ™ t0 (a) rectors in possession of glebe lands in the province of Ontario ; (b) ecclesiastical and other corporations ; (c ) trustees of land for church or school purposes ; (d) executors appointed by wills under which they are nDt invested with anv power over the real property of the tes- tator; and, (e) administrators of persons dying intestate, but at their death seized of real property; shall only extend and be exercised with respect to any of such lands actually required for the use and occupation of the com- pany. 3 E. VII., c. 58, s. 146. 186. Any contract, agreement, sale, conveyance or assur- Conveyance ance made under the authority of any of the last three preced- %^\e fee ing sections shall be valid and effectual in law, to all intents and purposes whatsoever; and any conveyance so authorize' 1 shall vest in the company receiving the same the fee simple in the lands therein described, freed and discharged from all trusts, restrictions and limitations whatsoever. 2. The person so conveying is hereby relieved from liability indemnity to for what he does by virtue of or in pursuance of this Act. 3 convevmg E. VII., c. 58, s. 147. 187. The company shall not be responsible for the disposi- Application tion of any purchase money for lands taken by the company money. 01 ' for its purposes, if paid to the owner of the land <>r into court for his benefit. 3 E. VII., c. 58, s. 148. 188. Any contract or ngreement made by any person author- Premature ized by this Act to convey lands, either before the deposit of tin plan, profile and book of reference, or before the setting out and 3f>.', 547 ascertaining R.S., 1906. 56 Chap. 37. Railways. May be carried out. ascertaining of the lands required for the railway, shall he bind- ing at the price agreed upon, if the lands are afterwards so set out and ascertained within one year from the date of the con- tract or agreement, and although such lands have in the mean- time become the property of a third person. 2. Possession of the lands may be taken, and the agreement and price may be dealt with, as if such price had boon fixed by an award of arbitrators as hereinafter provided, and the agree- ment shall be in the place of an award. 3 E. VII., c. 58, s. 149. Rental when parties cannot sell. How fixed. 189. If, in any case not hereinbefore provided for, any person interested in any lands so set out and ascertained is not authorized by law to sell or alienate the same, he may agree upon a fixed annual rent as an equivalent, and not upon a prin- cipal sum, to be paid therefor. 2. If the amount of the rent is not fixed by agreement, it shall be fixed and all proceedings shall be regulated, in the man- ner herein prescribed. 3 E. VII., c. 58, s. 150. Rent charge able to working expenses. 190. Such annual rent and every other annual rent, agreed upon or ascertained, and to be paid for the purchase of any i ;iinls, or for any part of the purchase money of any lands, which the vendor agrees to leave unpaid, shall, upon the deed creating such charge and liability being duly registered in the registry office of the proper district, county or registration divi- sion, be chargeable as part of the working expenditure of the railway. 3 E. VII., c. 58, s. 151. Compensa- tion or damages may be agreed for. Agreements authorized. Disagree- ment. 191. After the expiration of ten days from the deposit of the plan, profile and book of reference in the .office of the registrar of deeds, and after notice thereof has been given in at least one newspaper, if any published, in each of the districts and counties through which the railway is intended to pass, application may be made to the owners of lands, or to persons empowered to convey lands, or interested in lands, which may be taken, or which suffer damage from the taking of materials, or the exercise of any of the powers granted for the railway ; and, thereupon, such agreements and contracts as seem expedi- ent to both parties may be made with such persons, touching the said lands or the compensation to be paid for the same, or for the damages, or as to the mode in which such compensation shall be ascertained. 2. In case of disagreement between the parties, or any of them, all questions which arise between them shall be settled as hereinafter provided. 3 E. VII., c. 58, s. 152. General notice. Compensation and Damages. 192. The deposit of a plan, profile and book of reference, and the notice of such deposit, shall be deemed a general notice 548 to R.S., 1906. Railways. Chap. 37. 57 to all parties of the lands which will be required for the rail- way and works. 2. The date of such deposit shall be the date with reference r> a te for to which such compensation or damages shall be ascertained, purpose of 3 E. VII., C. 58, a 153. valuat.on. 193. The notice served upon the party shall contain, — Notice to be (a) a description of the lands to be taken, or of the powers serve ' intended to be exercised with regard to any lands therein described ; and, (b) a declaration of readiness to pay a certain sum or rent, as the case may be, as compensation for such lands or for such damages. 3 E. VII., c. 58, s. 154. 194. Such notice shall be accompanied by the certificate Certificate of a sworn surveyor for the province in which the lands are °t s ^5 v - ey ° r , J . . r . ,. . , , . , or engineer. situated, or an engineer, who is a disinterested person, which certificate shall state, — (a) that the land, if the notice relates to the taking of land shown on the said plan, is required for the railway, or is within the limit of deviation allowed by this Act ; (b) that he knows the land, or the amount of damage likely to arise from the exercise of the powers ; and, (c) that the sum so offered is, in his opinion, a fair com- pensation for the land and damages aforesaid. 3 E. VII., c. 58, s. 155. 195. If the opposite party is absent from the district or Service by county in which the lands lie, or is unknown, an application P ubIlcatlon - for service by advertisement may be made to a judge of a superior court for the province or district, or to the judge of the county court of the county where the lands lie. 2. Such application shall be accompanied by such certificate Application as aforesaid, and by an affidavit of some officer of the company, for " that the opposite party is so absent, or that, after diligent inquiry, the person on whom the notice ought to be served can- not be ascertained. 3. The judge shall order a notice as aforesaid, but without Ju^ge shall such certificate, to be inserted three times in the course of one ° notice, month in a newspaper published in the district or county, or, if there is no newspaper published therein, then in a newspaper published in some adjacent district or county. 3 E. VII., c. 58, ss. 157 and 158.' 196. If within ten days after the service of such notice, if sum or within one month after the first publication thereof, the offered /">' opposite party does not give notice to the company that he accepts the sum offered by it, the judge shall, on the appli- , cation of the company, appoint a person to be sole arbitrator Appointment for determining the compensation to be paid as aforesaid : of arbitrator - 549 Provided R.S., 1906. 58 Chap. 37. lull I ways. Three arbi- Provided that the judge shall, at the request of either party Quired by on Bucn application, appoint three arbitrators to determine such either party, compensation, one of whom may be named by each party on such application. 2. Six days' notice of such application shall be given by the company to the opposite party. 3. Tf the opposite party is abssnt from tho district or county in which the lands lie, or is unknown, service of such six days' notice may he made by advertisement as in the last preceding section authorized: Provided that the judge may dispense with, or shorten the time or times for, the publication of the notice in any such case in which he deems it proper. 3 E. VII., c. 58, 159; 6 E. VII., c. 42, s. 10. Notice. Service by publication. Arbitrators to be sworn. Duties. Award. Procedure. 197. The arbitrators, or the sole arbitrator, as the case may be, shall be sworn before a justice of the peace for the district or county in which the lands lie, faithfully and im- partially to perform the duties of their or his office, and shall proceed to ascertain such compensation in such way as they or he, or a majority of them, deems best. 2. The award of such arbitrators, or of any two of them, or of the sole arbitrator, shall, except as hereinafter provided, be final and conclusive. 3. No such award shall be made, nor shall any official act be done, by a majority of the arbitrators except at a meeting held at a time and place of which the other arbitrator has had at least two clear days' notice, or to which some meeting at which the third arbitrator was present has been adjourned. 3 E. VII.. c. 58, s. 160. Increased value of remaining lands to be considered. 198. The arbitrators or the sole arbitrator, in deciding on such value or compensation, shall take into consideration the increased value, beyond the increased value common to all lands in the locality, that will be given to any lands of the opposite party through or over which the railway will pass, by reason of the passage of the railway through or over the same, or by reason of the construction of the railway, and shall set oif such increased value that will attach to the said lands against the inconven- ience, loss or damage that might be suffered or sustained by reason of the company taking possession of or using the said lands. 3.E. VII., c. 58, s. 161. Costs. Taxation. 199. If, by any award of the arbitrators or of the sole arbi- trator made under this Act, the sum awarded exceeds the sum offered by the company, the costs of the arbitration shall be borne by the company; but if otherwise they shall be borne by the opposite party and be deducted from the compensation. 2. The amount of the costs, if not agreed upon, may be taxed by the judge. 3 E. VII., c. 58, s. 162. 550 200. R.S., 1906. Railways. Chap. 37. 59 200. The arbitrators, or a majority of them, or the sole Examination arbitrator, shall examine on oath or solemn affirmation the of witnesses - parties, or such witnesses as appear before them or him. 3 E. VII., c. 58, s. 163. 201. Such arbitrators or arbitrator mav with respect to Powers of such arbitration, — arbitrators. (a) enter upon and inspect any place, building or works Entry. being the property of or under the control of the company or the opposite party, the entry or inspection of which appears to them or him requisite ; (b) inspect any works, structure, rolling stock or property Inspection. of the company; (c) require the production of all books, papers, plans, speci- Production, fications, drawings and documents relating to the matter before them, or him; and, (d) administer oaths, affirmations or declarations. Oaths. 2. They shall have the like power in summoning witnesses Compelling and enforcing their attendance and compelling them to give Wltnesses - evidence and produce books, papers or things which they are required to produce as is vested in any court in civil case-. 3. The persons attending and sriving evidence at any such Witnesses' arbitration shall be entitled to the like fees and allowances for ees ' so doing as if summoned to attend before the Exchequer Court. 4. The provisions hereinbefore contained with respect to the Incrimina- production before the Board of books and papers which may ting P a P ers - tend to criminate the persons producing them shall apply to persons attending and giving evidence at any such arbitration. 3 E. VII., c. 58, s. 163. 202. The arbitrators or the sole arbitrator shall take down Notes of in writing the evidence brought before them or him, unless either party requires that it be taken by a stenographer; in which case a stenographer shall be named by the arbitrators or arbitrator, unless the parties agree upon one. 2. The stenographer shall be sworn before the arbitrators, or Steno- before any one of them before entering upon his duties. 3. The expense of such stenographer, if not determined by His expenses. agreement between the parties, shall be taxed by the court or a judge thereof, and shall, in any case, form part of the costs of the arbitration. 3 E. VII., c. 58, s. 163. 203. After making the award, the arbitrators or the sole A11 f a P ers . . . i n <• .i -.t j t • i • i except award arbitrator shall iortliwith deliver or transmit by registered to be filed letter, at the request of either party in writing, the depositions, m ( '" urt - together with the exhibits referred to therein, and all p; connected with the reference, except the award, to the clerk of the court, to be filed with the records of the said court. 3 E. VIL, c. 58, s. 163. 551 204. R.S., 1906. 60 Chap. 37. Railways. Time within which award shall be made. 204. A majority of the arbitrators, at the first meeting after their appointment, or the sole arbitrator, shall fix a day on or before which the award shall be made, and if the same is not made on or before such day, or some other day to which the time for making it has either by the consent of the parties, or by resolution of the arbitrators, or by the sole arbitrator, boon prolonged, then the sum offered by the company, as aforesaid, shall be the compensation to be paid by the company. 3 E. VII., c. 58, s. 164. Award not invalidated by want of form. Payee need not be named. Vacancies in office of arbitrator. Judere appoints another. Proceedings not to be repeated. 205. Xo award shall be invalidated by reason of any wanl of form or other technical objection, if the requirements of this Act have boon substantially complied with, and if the award states clearly the sum awarded, and the lands or other property, right or privilege for which such sum is to be the compensation. 2. The person to whom the sum is to be paid need not be named in the award. 3 E. VII., c. 58, s. 164. 206. If any arbitrator appointed by the judge dies before' the award has been made, or is disqualified, or refifses or fails to act within a reasonable time, the jndge, upon the application of either party, of which application six days' notice shall be given to the opposite party, and upon being satisfied by affi- davit or otherwise of such death, disqualification, refusal or failure, shall appoint another arbitrator in the place of such arbitrator: Provided that if any arbitrator named by one of the parties and appointed by the judge shall die or refuse or fail to act, such party may, upon such application, name the arbi- trator who shall be appointed by the judge in the place of the arbitrator so deceased or not acting. 2. The proceedings shall not in any such case require to be recommenced or repeated. 3 E. VIL, c. 58, s. 165. Company 207. Where the notice given improperly describes the lands may abandon materials intended to be taken, or where the companv proceedings. . decides not to take the lands or materials mentioned in the notice, it may abandon the notice and all proceedings there- under, but shall be liable to the person notified for all damages ™ m * ges and or costs incurred by him in consequence of such notice and abandonment, which costs shall be taxed in the same manner as costs after an award. 2. The company may, notwithstanding the abandonment of any former notice, give to the same or any other person notice for other lands or materials, or for lands or materials other- wise described. 3 E. VIL, c. 58, s. 166. pro Paying dama costs And give fresh notice Arbitrator not dis- qualified by Retainer. R.S., 1906. 208. If a person offered or appointed as valuator, or as sole arbitrator, is not himself personally interested in the amount of the compensation he shall not be disqualified because he is professionally employed by either party, or has previously ex- 552 pressed Railways. Chap. 37. 61 pressed an opinion as to the amount of compensation, or because Opinion, he is related or of kin to any shareholder of the company. Kindred. 2. No cause of disqualification shall be urged against any objection arbitrator appointed by the judge after his appointment, but mi l st be the objection shall be made before the appointment, and its appointment. validity or invalidity shall be summarily determined by the judge.' 3 E. VII., c. 58, s. 167. 209. Whenever the award exceeds six hundred dollars, any Appeal from party to the arbitration may, within one month after receiving award. a written notice from any one of the arbitrators or the sole arbitrator, as the case may be, of the making of the award, appeal therefrom upon any question of law or fact to a super- ior court; and upon the hearing of the appeal such court shall decide any question of fact upon the evidence taken before the arbitrators, as in a case of original jurisdiction. 2. Upon such appeal the practice and proceedings shall be, Practice and as nearly as may be, the same as upon an appeal from the proceedings decision of an inferior court to the said superior court, subject to any general rules or orders from time to time made by the said last mentioned court, in respect to such appeals. 3. Such general rules and orders may, amongst other things, single judge, provide that any such appeal may be heard and determined by a single judge. 4. The right of appeal hereby given shall not affect the other existing law or practice in any province as to setting aside remedies not awards. 3 E. VII., c. 58, s. 168. 210. (a) If the company has reason to fear any claim, Payment of mortgage, hypotheque. or encumbrance; or, compensa- s-i \ -re -i i J i tlon into (o) If any person to whom the compensation or annual rent, court in or any part thereof, is payable, refuses to execute a proper some case8, conveyance and guarantee ; or, (c) If the person entitled to claim the compensation or an- nual rent cannot be found, or is unknown to the company; or, (d) If, for any other reason, the company deems it advis- able; the company may pay such compensation into court, with the interest thereon for six months, and may deliver to the clerk or prothonotary of such court an authentic copy of the conveyance, or of the award or agreement, if there is no conveyance. 2. Such conveyance, or award or agreement shall thereafter Title, be deemed to be the title of the company to the land therein mentioned. 3 E. VII., c. 58, s. 174. 211. Where the lands are situated elsewhere than in the Lands not in province of Quebec, a notice of such payment and delivery. ( ' ,,ie ' in such form and for such time as the court appoints, shall Publication be inserted in a newspaper published in the county in which of notlce - 553 the R.S., 1906. 62 Chap. 37. Railways, What notice shall state. Lands in Quebec. Compt ■! tion in place of land. Encumb- rances. Effect of adjudication. Disposal of compensa- tion. Interest. Idem. Upon pay- ment or tender. the lands are situated, or, if there is no newspaper published in the county, then in the official gazette of the province, and also in a newspaper published in the nearest county thereto in which a newspaper is published. 2, Such notice shall state thai the conveyance, agreement or award constituting the title of the company is obtained under the authority of this Act, and shall call upon all persons claim- ing an interest in or entitled to the lands, or any part thereof, to file their claims to the compensation, or any part thereof. 3 E. VTL, c. 58, s. 174. 212. Where the lands are situated in the province of Quebec, the notice shall be published as required in cases of confirmation of title, and the registrar's certificate shall be procured and filed as in such cases. 3 E. VII., c. 58, s. 174. 213. The compensation for any lands which may be taken without the consent of the owner shall stand in the stead of such lands; and any claim to or encumbrance upon the said lands, or any portion thereof, shall, as against the company, be converted into a claim to the compensation, or to a like pro- portion thereof; and the company shall be responsible accord- ingly, whenever it has paid such compensation or any part thereof, to a person not entitled to receive the same, saving always its recourse against such person. 3 E. VII., c. 58, s. 173. 214. All such claims filed shall be received and adjudicated upon by the court, and the adjudication thereon shall for ever bar all claims to the land, or any part thereof, including any dower, mortgage, liypoth eque or encumbrance upon the same. 2. The court shall make such order for the distribution, pay- ment or investment of the compensation and for the security of the rights of all persons interested, as to right and justice and to law appertains. 3. If the order for distribution, payment, or investment is obtained within less than six months Erom the payment of the compensation into court, the court shall direct a proportionate part of the interesl to be returned to the company. 4. If from any error, fault or neglect of the company, such order is not obtained until after six months have expired, the court shall order the company to pay into court, as part of the compensation, the interest for such further period as is right. 5. The costs of the proceedings, in whole or in part, includ- ing the proper allowances to witnesses, shall be paid by the company, or by any other person, as the court orders. 3 E. VII., c. 58, s. 174. The right of the Company to take Possession. 215. Upon payment or Legal tender of the compensation or annual rent awarded or agreed upon to the person entitled to 554 receive K.S., 1906. Railways. Chap. 3?. 63 receive the same, or upon the payment into court of the amount of such compensation, in the manner hereinbefore mentioned, the award or agreement shall vest in the company the power forthwith to take possession of the lands, or to exercise the right, or to do the thing for which such compensation or annual rent has been awarded or agreed upon. 3 E. VII. , c. 58, s. 169. Proceedings in case of Resistance. 216. If any resistance or forcible opposition is made by any Warrant. person to the exercise by the company of any such power the judge shall, on proof to his satisfaction of such award or agree- ment, issue his warrant to the sheriff of the district or county, or to a bailiff, as he deems most suitable, to put down such resistance or opposition, and to put the company in possession. 2. The sheriff or bailiff shall, in the execution of such war- How rant, take with him sufficient assistance for such purpose, and executed - shall put down such resistance or opposition and put the com- pany in possession. 3 E. VII., c. 58, s. 169. 217. Such warrant shall also be granted by the judge with- Warrant for out such award or agreement, on affidavit to his satisfaction '^JeSion in that the immediate possession of the lands or of the power to in certain do the thing mentioned in the notice, is necessary to carry on cases " some part of the railway with which the company is ready forthwith to proceed. 3 E. VII., c. 58, s. 170. 218. The judge shall not grant any warrant under the last Procedure i • , • i upon appli- precedmg section, unless, — cation for (a) ten days' previous notice of the time and place when such warrant. and where the application for such warrant is to be made Notlce - has been served upon the owner of the lands, or the person empowered to convey the lands or interested in the lands sought to be taken, or which may suffer damage from the taking of materials sought to be taken, or the exercise of the powers sought to be exercised, or the doing of the thing sought to be done by the company ; and, (b) the company gives security to his satisfaction, by pay- Deposit of ment into court, of a sum in his estimation sufficient to ^ pe * sa " cover the probable compensation and costs of the arbitra- tion, and not less than fifty per centum above the amount mentioned in the notice served upon the party stating the compensation offered. 6 E. VTL, c. 42, s. 11. 219. The costs of any such application and hearing before Costs. the judge shall be borne by the company, unless the compensa- tion awarded is not more than the company had offered to pay. 2. No part of such deposit or of any interest thereon shall Repayment be repaid, or paid to such company, or paid to such owner or of de P 0Slt - party, without an order from the judge, which he may make 555 in R.S., 1906. 64: Chap. 37. Railways. in accordance with the terms of the award, s. 172. Procedure. To be con- tinued in court where commenced . E. VII., c. 58, 220. Any proceeding under the foregoing provisions of this Act relating to the ascertainment or payment of compensation, or the delivery of possession of lands taken, or the putting down of resistance to the exercise of powers, shall, if com- menced in a superior court having jurisdiction, be continued in such superior court, or, if the proceeding is commenced in a county court having jurisdiction, it shall be continued in such county court. 3 E. VII., c. 58, s. 156. Power to construct. Procedure. Plans, etc. Notice of application to Board. Tapers to submitted. be Board may au1 liorize branch line. Branch Lines. 221. The company may, for the purposes of its undertaking, construct, maintain and operate branch lines, not exceeding in any one case six miles in length, from the main line of the railway or from any branch thereof. 3 E. VII., c. 58, s. 175. 222. Before commencing to construct any such branch line, the company shall, — (a) make a plan, profile and book of reference, showing the proposed location of the branch line, with the parti- culars hereinbefore required as to plans, profiles and books of reference of the main line, and deposit the same, or such parts thereof as relate to each district or county through which the branch line is to pass, in the offices of the regis- trars of deeds for such districts or counties respectively ; (b ) upon such deposit, give four weeks' public notice of its intention to apply to the Board under this section, in some newspaper published in each county or district through which the branch line is to pass, or, if there should be no newspaper published in such county or district, then for the same period in the Canada Gazette: Provided that the Board may dispense with or shorten the time of such notice in any case in which it deems proper; and, (c) after the expiration of the notice submit to the Board, upon such application, a duplicate of the plan, profile and book of reference so deposited. 3 E. VII., c. 58, s. 175 ; 6 E. VII., c. 42, s. 13. 223. The Board, if satisfied that the branch line is neces- sary in the public interest or for the purpose of giving increased facilities to business, and if satisfied with the location of such branch line, and the grades and curves as shown on such plan, profile and book of reference, may, in writing, authorize the construction of the branch line in accordnnee with such plan, profile and book of reference, or subject to such changes in loca- tion, grades and curves as the Board may direct. 556 2. R.S., 1906. Railways. Chap. 37. 65 2. Such authority shall limit the time, not exceeding two Time for years, within which the company shall construct and com- construction - plete such branch line. 3 E. VII., c. 58, s. 175. 224. There shall be deposited with the Board the authority Papers to be and the duplicate of such plan, profile and book of reference, ^{^Board together with such papers and plans as are necessary to show and explain any changes directed by the Board, under the provisions of the last preceding section. 2. The company shall deposit in the registry offices of the Copies with counties or districts through which the branch line is to pass defds™ 1 ^ ° f copies, certified as such by the Secretary, of the authority, and of the papers and plans, showing the changes directed by the Board. 3. No branch line shall be, — (a) extended under the foregoing provisions for the con- No extension struction of branch lines ; or. allowed. ( b) constructed so as to form, in effect, an extension of the railway beyond the termini mentioned in the Special Act. 4. Except with reference to branch lines authorized by the Special Act to be constructed between any two points or places Special Act definitely fixed or named therein, no power to construct branch controlIed - lines in any Special Act contained, inconsistent with the fore- going provisions for the construction of branch lines, shall have any force or effect after the first day of February, one thousand nine hundred and seven: Provided that nothing in this sub- section shall be deemed to take away or impair the rights or Saving, powers of any company under any contract with the Govern- ment of Canada, approved and ratified by a Special Act of the Parliament of Canada. 3 E. VII. , c. 58, s. 175. 225. Upon compliance with the requirements of the last Provisions four preceding sections all the other provisions of this Act, a PP llcable - except those relating to the sanction by the Board of the plan, profile and book of reference of the railway, and the deposit thereof with the Board and in the offices of the registrars of deeds for the districts or counties through which the railway is to pass, shall, in so far as applicable, apply to the branch lines so authorized, and to the lands to be taken for such branch lines. 3 E. VII., c. 58, s. 175. 226. Where any industry or business is established or in- Branch lines tended to be established, within six miles of the railway, and ^aerof mi the owner of such industry or business, or the person intending industry. to establish the same, is desirous of obtaining railway facilities in connection therewith, but cannot agree with the company as to the construction and operation of a spur or branch line from the railway thereto, the Board may, on the application of such owner or person, and upon being satisfied of the necessity for such spur or branch line in the interests of trade, order the 557 companv K.S., 1906. 66 Chap. 37. I! ail ways. Owner to deposit Payment therefrom to the company, Repayment to owner by rebate on tolls. Lien to owner mean time. Discharge of lien. Operation of branch to be regulated by Board. Provisions applicable. Leave of Board. Plans, elc. to be sub- mitted. Powers of Board. R.S., 1906 company to construct, maintain and operate such spur or branch lino, and may direct such owner or person to deposit in some chartered bank such sum or sums as are by the Board deemed sufficient, or are by the Board found to be necessary to defray all expenses of constructing and completing the spur or branch line in good working order, including the cost of the right of way, incidental expenses and damages. _. The amount so deposited shall, from time to time, be paid to the company upon the order of the Board, as the work progresses. •"'. The aggregate amount so paid by the applicant in the con- struction and completion of the said spur or branch line shall be repaid or refunded to the applicant by the company by way of rebate, to be determined and fixed by the Board, out of or in proportion to the tolls charged by the company in respect of the carriage of traffic for the applicant over the said spur or branch line. t. Until so repaid or refunded, the applicant shall have a special lien for such amount upon such branch line, to be reim- bursed by rebate as aforesaid. 5. Upon repayment by the company to such applicant of all payments made by the applicant upon such construction, the said spur or branch line, right of way, and equipment shall become the absolute property of the company free from any such lien. 6. The operation and maintenance of the said spur or branch line by the company, shall be subject to and in accordance with such order as the Board makes with respect thereto, having due regard to the requirements) of the traffic thereon, and to the safety of the public and of the employees of the company. 7. All the provisions of this Act respecting the construction of spur or branch lines shall apply to any spur or branch line constucted under this section. 3 E. VII., c. 58, s. 176 ; 6 E. VII., c. 42, s. 14. Railway Crossings and Junctions. 227. The railway lines or tracks of any company shall not cross or join or be crossed or joined by or with any railway lines or tracks other than those of such company, whether other- wise within the legislative authority of the Parliament of Canada or not, until leave therefor has been obtained from the Board as hereinafter provided. 2. Upon any application for such leave the applicant shall submit to the Board a plan and profile of such crossing or junction, and such other plans, drawings and specifications as the Board may, in any case, or by regulation, require. 3. The Board may, by order, — (a) grant such application on such terms as to protection and safety as it deems expedient ; (b) change the plan and profile, drawings and specifications so submitted, and fix the place and mode of crossing or junction ; 558 (c) Railways. • Chap. 37. 67 (c) direct that one line or track or one set of lines or tracks be carried over or under another line or track or set of lines or tracks; (d) direct that such works, structures, equipment, appliances and materials be constructed, provided, installed, main- tained, used or operated, watchmen or other persons em- ployed, and measures taken, as under the circumstances appear to the Board best adapted to remove and prevent all danger of accident, injury or damage; (e) determine the amount of damage and compensation, if any, to be paid for any property or land taken or injuri- ously affected by reason of the construction of such works ; (f) give directions as to supervision of the construction of the works ; and, (g) require that detail plans, drawings and specifications of any works, structures, equipment or appliances required, shall, before construction or installation, be submitted to and approved by the Board. 4. Wo trains shall be operated on the lines or tracks of the No operation applicant over, upon or through such crossing or junction until " n * l il author ' the Board grants an order authorizing such operation. 5. The Board shall not grant such last mentioned order until Board shall satisfied that its orders and directions have been carried out, p^f a nce C ° m and that the provisions of this section have been complied with. 6 E. VII. , c. 42, s. 15. 228. Where the lines or tracks of one railway are inter- Connection sected or crossed by those of another, or upon anv application ? f int ?. rsect ' J K J If ^«""« m „ railway lor leave to make any intersection or crossing, or in any case lines. in which the tracks or lines of two different railways run through or into the same city, town or village, the Board may, upon the application of one of the companies, or of a municipal corporation or other public body, or of any person or persons interested, order that the lines or tracks of such railways shall be so connected, at or near the point of intersection or crossing or in or near such city, town or village, as to admit of the safe and convenient transfer or passing of engines, cars and trains, from the tracks or lines of one railway to those of another, ami that such connection shall be maintained and used. 2. In and by the order for such connection, or from time to time subsequently, the Board may determine by what company or companies, or other corporations or persons, and in -wli.it proportions, the cost of making and maintaining anv such con- nections shall be borne, and upon what terms traffic shall be thereby transferred from the lines of one railway to those of another. 6 E. VII., c. 42, s. 15. 229. The Board may order the adoption and use at anv Safety ap- sueh crossing or junction, at rail level, of such interlocking pK* noe8 ** switch, derailing device, signal system, equipment, appliances erodings. 559 and K.S.,1906. 68 Chap. 37. Railways. and materials; as in the opinion of the Board renders it safe for engines and trains to pass over such crossing or junction without being brought to a stop. 6 E. VII.. c. 42, s. 16. Navigation not to be obstructed. Navigable Waters. 230. No company shall cause any obstruction in, or impede the free navigation of any river, water, stream or canal, to, upon, along, over, under, through or across which its railway is carried. 3 E. VII., c. 58, s. 179. Bridges to be properly floored. 231. No company shall run its trains over any canal, or over any navigable water, without having first laid) and with- out maintaining, such proper flooring under and on both sides of its railway track over such canal or water, as is deemed by the Board sufficient to prevent anything falling from the rail- way into such canal or water, or upon the boats, vessels, craft, or persons navigating such canal or water. 3 E. VII., c. 58, s. 180. Spans of headway and waterway. Operation of draw. Proceedings for construc- tion of works in navigable waters. Approval by Governor in Council. Board to authorize. E.S., 1906. 232. Whenever the railway is, or is proposed to be carried over any navigable water or canal by means of a bridge, the Board may by order in any case, or by regulations, direct that such bridge shall be constructed with such span or spans of such headway and waterway, and with such opening span or spans, if any, as to the Board may seem expedient for the proper pro- tection of navigation. 2. The Board may in like manner, if any such bridge is a draw or swing bridge, direct when, under what conditions and circumstances, and subject to what precautions, the same shall be opened and closed. 3 E. VII., c. 58, s. 181. 233. When the company is desirous of constructing any wharf, bridge, tunnel, pier or other structure or work, in, upon, over, under, through, or across any navigable water or canal, or upon the beach, bed or lands covered with the waters thereof, the company shall, before the commencement of any such work, — (a) in the case of navigable water, not a canal, submit to the Minister of Public Works, and in the case of a canal to the Minister, for approval by the Governor in Council, a plan and description of the proposed site for such work, and a general plan of the work to be constructed, to the satisfaction of such Minister; and (b) upon approval by the Governor in Council of such site and plans, apply to the Board for an order authorizing the construction of the work, and, with such application, transmit to the Board a certified copy of the order in council and of the plans and description approved thereby, and also detail plans and profiles of the proposed work, 560 and Railways. Chap. 37. 69 and such other plans, drawings and specifications as the Board may, in any such case, or by regulation, require. 2. ISTo deviation from the site or plans approved by the No deviation. Governor in Council, shall be made without the consent of the Governor in Council. 3. Upon any such application, the Board may, — Powers of (a) make such order in regard to the construction of such work upon such terms and conditions as it may deem ex- pedient ; (b) make alterations in the detail plans, profiles, drawings and specifications so submitted; (c) give directions respecting the supervision of any such work ; and, (d) require that such other works, structures, equipment, appliances and materials be provided, constructed, main- tained, used and operated, and measures taken, as under the circumstances of each case may appear to the Board best adapted for securing the protection, safety and con- venience of the public. 4. Upon such order being granted, the company shall be Company to authorized to construct such work in accordance therewith. construct. 5. Upon the completion of any such work the company shall. Operation before using or operating the same, apply to the Board for an authorized order authorizing such use or operation, and if the Board is bv Board, satisfied that its orders and directions have been carried out, and that such work may be used or operated without danger to the public, and that the provisions of this section have been complied with, the Board may grant such order. 3 E. VII., c. 58, s. 182. 234. The Governor in Council may, upon the report of the Bridges. Board, authorize or require any company to construct fixed and permanent bridges, or swing, draw or movable bridges, or to substitute any of such bridges for bridges existing on the line of it? railway, within such time as the Governor in Council directs. 2. No company shall substitute any swing, draw or mov- Consent of able bridge for any fixed or permanent bridge already built Governor m and constructed without the previous consent of the Governor in Council. 3 E. VII.. c. 58, 8. 183.* Highway Crossings. 235. The railway may be carried upon, along or across Railway on ;m existing highway upon leave therefor having been first highway, obtained from the Board as hereinafter authorized: Provided thai the Board shall not grant leave to any company to carry any street railway or tramway, or any railway operated or t< Consent of be operated as a street railway or tramway, along any high- municipality. way which is within the limits of any city or incorporated town, until the company has first obtained consent therefor by a by 36 561 law R.S., 1906. 70 Chap. 37, Railways. law of the municipal authority of such city or incorporated town. Highway to 2. The company shall, before obstructing any such highway be kept open. ^ -^ wor j £S) f- urn ^he highway so as to leave an open and good passage for carriages, and, on completion of the works, restore the highway to as good a condition as nearly as possible as it originally had. Rights saved. 3. Nothing in this section shall deprive any such company of rights conferred upon it by any Special Act of the Parlia- ment of Canada, or amendment thereof, passed prior to the twelfth day of March, one thousand nine hundred and three. 3 E. VII., c. 58, s. 184. Level. 236. Whenever the railway crosses any highway at rail level, whether the level of the highway remains undisturbed or is raised or lowered to conform to the grade of the railway, the top of the rail may, when the works are completed, unless otherwise directed by the Board, rise above or sink below the level of the highway to the extent of one inch without being deemed an obstruction. 3 E. VII., c. 58, s. 185. Plan of crossing of highway to be sub- mitted. Powers of Board. As to land required. Supervision. Details to be approved by Board. 237. Upon any application for leave to construct the rail- way upon, along, or across an existing highway, or to construct a highway across an existing railway, the applicant shall submit to the Board a plan and profile of such crossing, showing the portion of railway or highway affected. 2. The Board may, by order, grant such application upon such terms and conditions as to protection, safety and con- venience of the public, as it may deem expedient, or may order that the highway be carried over or under the railway, or be temporarily or permanently diverted, and that such Avorks be executed, watchmen or other persons employed, or measures taken as under the circumstances appear to the Board best adapted to remove or diminish the danger or obstruction arising or likely to arise therefrom. 3. When the application is for the construction of the rail- way upon, along or across an existing highway, all the provi- sions of law at such time applicable to the taking of land by the company, to its valu ;tion and sale and conveyance to the company, and to the compensation therefor, shall apply to the hind, exclusive of the highway crossing, required for the proper carrying out of any order made by the Board. 4. The Board may give directions respecting supervision in the construction of any such work. 5. When the Board orders the highway to be carried over or under the railway, or any works to be executed, the Board may direct that the detail plans, profiles, drawings and speci- fications of all necessary structures, shall, before construction, be submitted to and approved by the Board. 562 6. R.S., 1906. Railways. Chap. 37. 71 6. The Board may make regulations respecting the plans, Regulations profiles, drawings and specifications required to be submitted Board - under this section. 3 E. VIL, c. 58, s. 186. 238. Where the railway is already constructed upon, along As to exist- or across any highway, the Board may order the company within Ing crossin s s - a specified time to submit to the Board a plan and profile of such portion of the railway, and may, upon such submission, make any order in respect thereof, as in the last preceding section provided. 3 E. VIL, c. 58, s. 187. 239. The Board may order any company to erect over its Foot bridges, railway at or near, or in lieu of any highway crossing at rail level, a foot bridge or foot bridges, for the purpose of enabling persons, passing on foot along such highway, to cross the rail- way by means of such bridge or bridges. 3 E. VIL, c. 58, s. 292. 240. The highway at any overhead railway crossing shall Overhead • crossings not at any time be narrowed by means of any abutment or structure to an extent less than twenty feet, nor shall the clear headway from the surface of the highway to the centre of any overhead structure, constructed after the first day of February, one thousand nine hundred and four, be less than fourteen feet, unless otherwise directed or permitted by the Board. 3 E. VIL, c. 58, s. 188. 241. Every structure, by which any highway is carried Facilities for over or under any railway, shall be so constructed, and, at all ra c ' times, be so maintained, as to afford safe and adequate facilities for all traffic passing over, under or through such structure. 3 E. VIL, c. 58, s. 189. 242. The inclination of the ascent or descent, as the case inclination may be, of any approach by which any highway is carried of a PP roach - over or under any railway, or across it at rail level, shall not, unless the Board otherwise directs, be greater than one foot of rise or fall for every twenty feet of the horizontal length of such approach. 2. A good and sufficient fence at least four feet six inches Fencing in height from the surface of the approach or structure shall a PP roaches - be made on each side of such approach, and of the structure connected with it. 3 E. VIL, c. 58, s. 190. 243. Signboards at every highway crossed at rail level by Signboards at level crossings. any railway, shall be erected and maintained at each crossing, a and shall have the words Railway Crossing painted on each side thereof in letters at least six inches in length. 2. In the province of Quebec such words shall be in both the In Quebec. English and the French languages. 3 E. VIL, c. 58, s. 191. 36* 563 Telegraph, E.S., 1906. 72 Chap. 37. 1 1' ail ways. Company may con- struct and work. Arrange- ments with other com- panies. Part II. of the Tele- graphs Act to apply. Municipal telephone systems, con- nection with. Board may order upon terms. Contracts giving exclusive privileges not to be taken into con- sideration. Telegraph, Telephone and other Lines and Wires. 244. The company may construct and operate telegraph and telephone lines upon its railway for the purposes of its undertaking. 2. The company may, for the purpose of operating such lines or exchanging and transmitting messages, enter into contracts with any companies having telegraph or telephone powers, and may connect its own lines with the lines of any such com- panies, or may lease its own lines to any such companies. 3. Part II. of the Telegraphs Act shall apply to the tele- graphic business of the company. 3 E. VII., c. 58, s. 192. 245. Whenever any municipality, corporation or incorpor- ated company has authority to construct, operate and maintain a telephonic system in any district, and is desirous of obtaining telephonic connection or communication with or within any station or premises of the company in such district, and cannot agree with the company with respect thereto, such municipality, corporation or incorporated company may apply* to the Board for leave therefor. 2. The Board may order the company to provide for such con- nection or communication upon such terms as to compensation or otherwise as the Board deems just and expedient, and may order and direct how, when, where, by whom and upon what terms and conditions such telephonic connection or communica- tion shall be constructed, operated and maintained. 3. Notwithstanding anything in any Act contained, the Board, in determining the terms or compensation upon which any such connection or communication is to be provided for, shall not take into consideration any contract, lease or agree- ment now or hereafter in force by which the company has given or gives any exclusive or other privilege to any company or person, other than the applicant, with respect to any such station or premises. 3 E. VII., c. 58, s. 193 ; 6 E. VII., c. 42, s. 17. Wires, etc. across the railway. Plans to be submitted to Board. Board may authorize. 246. No lines or wires for telegraphs, telephones, or the conveyance of light, heat, power or electricity, shall be erected, placed or maintained across the railway without leave of the Board. 2. Upon any application for such leave, the applicant shall submit to the Board a plan and profile of the part of the railway proposed to be affected, showing the proposed location of such lines and wires and the works contemplated in connection therewith. 3. The Board may grant such application and may order by whom, how, when, and on what terms and conditions, and under what supervision, such work shall be executed. 564 4. R.S., 1906. Railways. Chap. 37. 73 4. Upon such order being made such lines and wires may be Works may erected, placed and maintained across the railway subject to and e execv in accordance with such order. 3 E. VII., c. 58, s. 194. 247. When any company is empowered by Special Act of Lines and the Parliament of Canada to construct, operate and maintain ^ghways. lines of telegraph, or telephone, or for the conveyance of light, heat, power or electricity, the company may, with the consent of the municipal council or other authority having jurisdiction Consent of over any highway, square, or other public place, enter thereon municl P allt y- for the purpose of exercising the said powers, and, as often as the company thinks proper, may break up and open any high- way, square or other public place, subject, however, to the fol- Conditions, lowing provisions : — (a) The company shall not interfere with the public right of Travel and travel, or in any way obstruct the entrance to any door or gateway or free access to any building : (b) The company shall not permit any wire to be less than Wires, twenty-two feet above such highway or public place, or erect more than one line of poles along any highway ; (c) All poles shall be as nearly as possible straight and per- Poles, pendicular, and shall, in cities and towns, be painted ; (d) The company shall not unnecessarily cut down or muti- Trees. late any shade, fruit or ornamental tree ; (e) The opening up of any street, square, or other public Supervision, place for the erection of poles, or for the carrying of wires under ground, shall be subject to the supervision of such person as the municipal council may appoint, and such street, square or other public place shall, without any unnecessary delay, be restored, as far as possible, to its former condition ; (f) If, for the purpose of removing buildings, or in the exer- Temporary cise of the public right of travel, it is necessary that the removal of said wires or poles be temporarily removed, by cutting or poles, otherwise, the company shall, at its own expense, upon reasonable notice in writing from any person requiring it, remove such wires and poles; and in default of the com- pany so doing such person may remove such wires and poles at the expense of the company ; (g) Whenever any city, town or incorporated village is desi- Board may rous of having lines of telegraph, or telephone, or lines for um i e e r r wires the conveyance of light, heat, power or electricity, placed ground, under ground, the Board may, on the application of such city, town or incorporated village, and on such terms and conditions as the Board may prescribe, require the com- pany to thus place its lines or wires under ground, and abrogate the right given by this section, or by the Special Act, to carry lines on poles, in such city, town or incorpor- ated village. 565 2. R.S., 1906. 74 Chap. 37. Uailways. Damages. Cutting wires at any fire. Workmen to wear badges. If munici- pality does not consent. Board may authorize. Company may then act as in case of consent. No sale of light, power, etc., without consent. 2. The company shall be responsible for all unnecessary damage which it causes in carrying out, maintaining or operat- ing any of its said works. 3. The company shall not be entitled to damages on account of its poles or wires being cut by direction of the officer in charge of the fire brigade at any fire, if, in the opinion of such officer, it is advisable that such poles or wires be cut. 4. Every person employed upon the work of erecting or repairing any line or instrument of the company shall have con- spicuously attached to his dress a badge, on which are legibly inscribed the name of the company and a number by which he can be readily identified. 5. If the company cannot obtain such consent from such municipal council or other authority, the company may apply to the Board for leave to exercise such powers, and upon such application shall submit to the Board a plan of such highway, square, or other public place, showing the proposed location of such lines, wires and poles. 6. The Board may grant such application in whole or in part, and may change or fix the route of such lines, wires or poles, and may, by order, impose any terms, conditions or limitations in respect thereof that it deems expedient, having due regard to all proper interests. 7. Upon such order being made the company may exercise such powers in accordance with such order, and shall in the performance and execution thereof, or in the repairing, renew- ing or maintaining of such lines, wires or poles, conform to and be subject to the provisions of this section applicable in case of consent obtained from such municipal council or other authority, except in so far as the said provisions are expressly varied by order of the Board. 8. Nothing contained in this section shall be deemed to an irize the company to exercise the powers therein mentioned for the purpose of selling or distributing light, heat, power or electricity in cities, towns or villages, without the company having first obtained consent therefor by a by-law of the municipality. 3 E. VII., c. 58, s. 195. Definitions. ' Company.' ' Munici- pality.' R.S., 1906. 248. In this section, — (a) ' company ' means a telephone company, and every per- son and company having legislative authority from the Parliament of Canada to construct and operate, or to operate a telephone system or line, and to charge telephone tolls, not including, however, a railway company or any person having authority to construct or operate a railway; and, (b) ' municipality ' moans the municipal council or other authority having jurisdiction over the highways, squares or public places of a city, town or village, or over the high- way, square or public place concerned ; 566 (c) Railways. Chap. 37. 75 ( c) ' long distance line or service ' means any trunk line or ' Don 8 dis- service connecting a central exchange or office in any city, service.' town or village, with a central exchange or office, or with central exchanges or offices, in another or other cities, towns or villages. 2. Notwithstanding anything contained in any Act of the Consent of Parliament of Canada or of the legislature of any province, r equked ahtF the company shall not, except as in this section provided, con- struct, maintain or operate its lines of telephone upon, along, across or under any highway, square or other public place within the limits of any city, town or village, incorporated or otherwise, without the consent of the municipality. 3. If the company cannot obtain the consent of the munici- If such pality, or cannot obtain such consent otherwise than subject to can not be conditions not acceptable to the company, the company may obtained, apply to the Board for leave to exercise its powers upon such highway, square or public place; and all the provisions of the last preceding section, with respect to proceedings where the company cannot obtain the consent of the municipal council or other authority, shall apply to such application and to the proceedings thereon. 4. The provisions of the last two foregoing subsections shall L . on g not apply to the construction, maintenance and operation by trunk lines. the company of any long distance line or service or any trunk line or service connecting two or more exchanges in any city, town or village: Provided that the location of every such line, pole or conduit in a direct and practicable route shall be subject to the direction and supervision of the municipality, or of such officer as it may appoint, unless the municipality or such officer after one week's notice in writing shall have omitted to prescribe such location and make such direction. 5. All matters in dispute relating to the location and installa- Settlement of tion of long distance lines or services, or of such trunk lines or lspu es * services as are mentioned in the last preceding subsection, shall be determined by the Board in the same manner and with the same powers as are provided by the last preceding section with respect to proceedings where the company cannot obtain the consent of the municipal council or other authority. 6. Nothing in this section shall affect the right of any com- Changes in pany to operate, maintain, renew or reconstruct underground or overhead systems or lines heretofore constructed, except that, upon application of the municipality, the Board may order any extension or change in the location of the line of the company in any city, town or village, or any portion of such line, or the removal of any poles and the carrying of the wires or cables carried thereon underground, or the construction of any new line; and such extension, change in location, removal or con- struction shall be ordered upon such terms as to compensation or otherwise, and shall be effected within such time, as the Board directs. 6 E. VII., c. 42, s. 35. 567 Canals. U.S., 1906. 76 Chap. 37. Railways. When canafc pipes or wires require to be carried across a railway. Application to Board. Plan and profile. Terms of order. Canals, Ditches, Wires, etc. 249. When any person having authority to create, develop, enlarge or change any water power, or any electrical or power development by means of water, or to develop and operate mineral claims or mines, desires for any such purpose to carry any canal, tunnel, flume pipe, ditch or wire across, over or under any railway, and is unable to agree with the railway com- pany as to the terms and conditions upon which the same may be so carried over, under or across the said railway, an applica- tion may be made to the Board for leave to construct the neces- sary works. 2. Upon such application the applicant shall submit to the Board a plan and profile of the railway at the point where it is desired to make such crossing, and a plan or plans showing the proposed method of carrying such canal, tunnel, flume pipe, ditch or wire across, over or under the said railway, and such other plans, drawings and specifications as the Board in any case or by any regulation requires. 3. The Board may, by order, grant such application on such terms and conditions as to protection and safety, payment of compensation or otherwise, as it deems just and proper, may change the plans, profiles, drawings and specifications so sub- mitted, and fix the place and mode of crossing, and may give directions as to the method in which the works are to be con- structed and as to supervision of the construction of the works and the maintenance thereof, and order that detailed plans, drawings and specifications of any works, structures, equip- ment or appliances required shall before construction or instal- lation be submitted to and approved by the Board. 6 E. VII., c. 42, s. 12. Ditches drains. and If drainage insufficient. Or munici- Sality esires. R.S., 1906. Drainage. 250. The company shall in constructing the railway make and maintain suitable ditches and drains along each side of, and across and under the railway, to connect with ditches, drains, drainage works and watercourses upon the lands through which the railway runs, so as to afford sufficient outlet to drain and carry off the water, and so that the then natural, artificial, or existing drainage of the said lands shall not be obstructed or impeded by the railway. 2. Whenever, — (a) any lands are injuriously affected by reason of the drainage upon, along, across, or under the railway being insufficient to drain and carry off the water from such lands; or, (b) any municipality or landowner desires to obtain means of drainage, or the right to lay water pipes or other pipes, temporarily or permanently, through, along, upon, across or under the railway or any works or land of the company : 568 the « Railways. Chap. 37. 77 the Board may, upon the application or complaint of the Board may municipality or landowner, order the company to construct such order - drainage or lay such pipes, and may require the applicant to submit to the Board a plan and profile of the portion of the railway to be affected, or may direct an inspecting engineer, or such other person as it deems advisable to appoint, to inspect the locality in question, and, if expedient, there hold an inquiry as to the necessity or requirements for such drainage or pipes, and to make a full report thereon to the Board. 3. The Board may upon such report, or in its discretion, Terms and order how, where, when, by whom, and upon what terms and conditions, conditions, such drainage may be affected, or pipes laid, con- structed and maintained, having due regard to all proper interests. 3 E. VII., c. 58, s. 196. 251. Whenever by virtue of any Act of any province Drainage through which the railway runs, proceedings may be had or ^° d c e e r e p° gs taken by any municipality or landowner for any drainage, or vincial Acts, drainage works, upon and across the property of any other landowner in such province, the like proceedings may, at the option of such municipality or landowner, be had or taken by such municipality or landowner for drainage, or drainage works, upon and across the railway and lands of the company, in the place of the proceedings before the Board in the last pre- ceding section provided. 2. In case of any such proceedings, the drainage laws of the Provincial province shall, subject to any previous order or direction of the kws to Board made or given with respect to drainage of the same lands, a apply to the lands of the company upon or across which such drainage is required, to the same extent as to the lands of any landowner of such province : Provided that the company shall Option of have the option of constructing the portion of any drain, or company - drainage work, required to be constructed upon, along, under or across its railway or lands. 3. In the event of the company not exercising such option, if option not and completing such work within a reasonable time, and with- exercised - out any unnecessary delay, such work may be constructed or completed in the same manner as any other portions of such work are provided under the laws of such province to be con- structed. 4. Notwithstanding anything in this section contained, no Approval of drainage works shall be constructed or reconstructed upon, Board - along, under or across the railway or lands of the company until the character of such works, or the specifications or plans thereof, have been first submitted to and approved of by the Board. 5. The proportion of the cost of the drain, or drainage Costs, works, across or upon the railway, to be borne bv the company, shall, in all such cases, be based upon the increase of cost of 569 such • • R.S., 1906. 78 Chap. 37. Railways. such work caused by railway. 3 E. VII., c. the construction 58, s. 197. and operation of the Company shall make. Live stock. Farm Crossings. 252. Every company shall make crossings for persons across whose lands the railway is carried, convenient and proper for the crossing of the railway for farm purposes. 2. Live stock, in using such crossings, shall be in charge of some competent person, who shall take all reasonable care and precaution to avoid accidents. 3 E. VII., c. 58, s. 198. Necessary crossings may be ordered by Board. Terms and conditions. 253. The Board may, upon the application of any land- owner, order the company to provide and construct a suitable farm crossing across the railway, wherever in any case the Board deems it necessary for the proper enjoyment of his land on either side of the railway, and safe in the public interest. 2. The Board may order and direct how, when, where, by whom, and upon what terms and conditions such farm crossing shall be constructed and maintained. 3 E. VII., c. 58, s. 198. Company shall erect. Fences. Gates. Cattle- guards. To be suitable. If lands are inclosed or settled. Fences, Gates and Cattle-guards. 254. The company shall erect and maintain upon the rail- way,— (a) fences of a minimum height of four feet six inches on each side of the railway ; (b) swing gates in such fences at farm crossings of the mini- mum height aforesaid, with proper hinges and fastenings : Provided that sliding or hurdle gates, constructed before the first day of February, one thousand nine hundred and four, may be maintained; and, (c) cattle-guards, on each side of the highway, at every high- way crossing at rail level with the railway. 2. The railway fences at every such highway crossing shall be turned into the respective cattle-guards on each side of the highway. 3. Such fences, gates and cattle-guards shall be suitable and sufficient to prevent cattle and other animals from getting on the railway. 4. Whenever the railway passes through any locality in which the lands on either side of the railway are not inclosed and either settled or improved, the company shall not be required to erect and maintain such fences, gates and cattle-guards unles-" the Board otherwise orders or directs. 3 E. VII., c. 58, s. 199. Gates to be closed. 255. The persons fur whose use farm crossings are furnished shall keep the gates at each side of the railway closed, when not in use. 3 E. VII., c. 58, s. 200. 570 Bridges, R.S., 1906. Railways. Chap. 37. 79 Bridges, Tunnels and other Structures. 256. Every bridge, tunnel or other erection or structure, Headway, over, through or under which any railway passes, shall be so constructed and maintained as to afford, at all times, an open and clear headway of at least seven feet between the top of the highest freight car used on the railway and the lowest beams, members, or portions of that part of such bridge, tunnel, erec- tion or structure, which is directly over the space liable to be traversed by such car in passing thereunder. 2. The Board may, if necessary, require any existing bridge, Powers of tunnel, or other erection or structure to be reconstructed or Board *° n t i . , . . , . order alter- altered, within such time as it may order, so as to comply with ation. the requirements mentioned in the last preceding subsection; and any such bridge, tunnel, or other erection or structure, when so reconstructed or altered shall thereafter be maintained accordingly. 3. Except by leave of the Board the space between the rail Space, level and such beams, members or portions of any such struc- ture, constructed after the first day of February, one thousand nine hundred and four, shall in no case be less than twenty-two feet six inches. 4. If, in any case, it is necessary to raise, reconstruct or alter Structures any bridge, tunnel, erection or structure not owned bv the com- ? ot 01 J™ ed J ., i 4-> j t ci i b y company, pany, the Board, upon application oi the company, and upon notice to all parties interested, or without any application, may make such order, allowing or requiring such raising, recon- struction or alteration, and upon such terms and conditions as to the Board shall appear just and proper and in the public interest. 5. The Board may exempt from the operation of this section Board may any bridge, tunnel, erection or structure, over, through or under exempt cer- which no trains, except such as are equipped with air brakes, tures. are run. 3 E. VII., c. 58, s. 202. 257. The company shall not commence the construction, or Certain reconstruction of or any material alteration in any bridge, tun- alteratlons - nel, viaduct, trestle, or other structure, through, over, or under which the company's trains are to pass, the span, or proposed span or spans, or length of which exceeds eighteen feet, until leave therefor has been obtained from the Board, unless such Board to construction, reconstruction, or alteration is made in accordance appro with standard specifications and plans approved by the Board. 2. Upon any application to the Board for such leave, the Application company shall submit to the Board the detail plans, profiles, therefor - drawings and specifications of any such work proposed to be constructed, and such other plans, profiles, drawings and speci- fications as the Board may in any case, or by regulation, require. 571 3. R.S., 1906. 80 Chap. 37. Railways. Powers of Board. Terms. Alterations. Supervision. Other works, Company may con- struct. Board to authorize operation. 3. Upon any such application the Board may, — (a) make such order with regard to the construction of such work, and upon such terms and conditions, as it deems expedient ; (b) make alterations in the detail plans, profiles, drawings and specifications so submitted; (c) give directions respecting the supervision of any such work ; and, (d) require that such other works, structures, equipment, appliances and materials be provided, constructed, main- tained, used, and operated, and that such measures be taken, as, under the circumstances of each case, may ap- pear to the Board best adapted for securing the protection, safety and convenience of the public. 4. Upon such order being granted the company shall be authorized to construct such works in accordance therewith. 5. Upon the completion of any such work the company shall, before using or operating the same, apply to the Board for an order authorizing such use or operation, and the Board may grant such order if it is satisfied that its orders and direc- tions have been carried out, and that such work may be used or operated without danger to the public, and that the pro- visions of this section have been complied with. 3 E. VIL, c. 58, s. 203. Stations. 258. Every station of the company shall be erected, oper- ated, and maintained with good and sufficient accommodation and facilities for traffic. 2. Before the company proceeds to erect any station upon its railway, the location of such station shall be approved of by the Board. On railways 3 j n ^he case f an y ra ihvav, whether subject to the lee-is- subsidized bv sL ~ Parliament, lative authority of the Parliament of Canada or not, subsidized in money or in land, after the eighteenth day of July, one thousand nine hundred, under the authority of an Act of the Parliament of Canada, the payment and acceptance of such subsidy shall be taken to be subject to the covenant or condition, whether expressed or not in any agreement relating to such subsidy, that the company, for the time being owning or operating such railway, shall, when thereto directed by order of the Board, maintain and operate stations, with such accommo- dation or facilities in connection therewith as are defined by the Board, at such points on the railway as are designated in such order. 3 E. VIL, c. 58, s. 204. Wages. Current rate. 259. In every case in which the Parliament of Canada votes financial aid by way of subsidy or guarantee towards the cost of railway construction, all mechanics, labourers or other per- sons who perform labour in such construction shall be paid 572 such R.S., 1906. To be suitable Location to be approved by Board. / Raihvays. Chap. 37. 81 such wages as are generally accepted as current for competent workmen in the district in which the work is being performed ; and if there is no current rate in such district, then a fair and reasonable rate. 2. In the event of a dispute arising as to what is the cur- Minister may rent or a fair and reasonable rate, it shall be determined by de termine. the Minister, whose decision shall be final. 3 E. VII., c. 58, s. 205. INSPECTION. 260. Inspecting engineers may be appointed by the Minister Appointment or the Board, subject to the approval of the Governor in of inspecting ,>, .-, x x engineers. Council. 2. It shall be the duty of every smch inspecting engineer, Duties, upon being directed by the Minister or the Board, as the case may be, to inspect any railway, or any branch line, siding, or portion thereof, whether constructed, or in the course of con- struction, to examine the stations, rolling stock, rails, road bed, right of way, tracks, bridges, tunnels, trestles, viaducts, drainage, culverts, railway crossings and junctions, highway and farm crossings, fences, gates, and cattle-guards, telegraph, telephone, or other lines of electricity, and all other buildings, works, structures, equipment, apparatus, and appliances there- on, or to be constructed or used thereon, or such part thereof as the Minister, or the Board, as the case may be, may direct, and forthwith to report fully thereon in writing to the Minister or the Board, as the case may be. 3. Every such inspecting engineer shall have the same p 0W ers of powers with regard to any such inspection as are by this Act inspection, conferred upon a person appointed by the Board to make an inquiry and report upon any matter pending before the Board. i. Every company, and the officers and directors thereof, Duties of shall afford to any inspecting engineer such information as company re- is within their knowledge and power, in all matters inquired spectl'ng " into by him, and shall submit to such inspecting engineer all engineers, plans, specifications, drawings and documents relating to the construction, repair, or state of repair of the railway, or am portion thereof. 5. Every such inspecting engineer shall have the right, injecting while engaged in the business of such inspection, to travel ewneers without charge on any of the ordinary passenger trains run- free, ning on the railway, and to use without charge the telegraph Use , tele : wires and machinery in the offices or under the control of any such company. 6. The operators, or officers, employed in the telegraph Transmission offices or under the control of the company, shall, without un- of telegrams, necessary delay, obev all orders of anv such inspectimr ensrineer for transmitting messages. 7. The production of his appointment in writing, signed Proof of by the Minister, the Chief Commissioner, or the Secretarv engineer's " • authority. 573 shall R.S., 1906. 82 Chap. 37. Railways. shall be sufficient evidence of the authority of such inspecting engineer. 3 E. VII., c. 58, s. 206. Leave of Board for opening railway. Application therefor. 261. No railway, or any portion thereof, shall be opened for the carriage of traffic, other than for the purposes of the construction of the railway by the company, until leave there- for has been obtained from the Board, as hereinafter provided. 2. When the company is desirous of so opening its railway, or any portion thereof it shall make an application to the Board for authority therefor, supported by affidavit of its presi- dent, secretary, engineer or one of its directors, to the satis- faction of the Board, stating that the railway, or portion there- of, desired to be so opened, is in his opinion sufficiently com- pleted for the safe carriage of traffic, and ready for inspection. 3. Before granting such application, the Board shall direct an inspecting engineer to examine the railway, or portion thereof, proposed to be opened. 4. If the inspecting engineer reports to the Board, after making such examination, that in his opinion the opening of the railway or portion thereof so proposed to be opened for the carriage of traffic, will be reasonably free from danger to the public using the same, the Board may make an order granting such application, in whole or in part, and may name the time therein for the opening of the railway or such portion thereof, and thereupon the railway, or such portion thereof as is authorized by the Board, may be opened for traffic in accordance with such order. 5. If such inspecting engineer, after the inspection of the railway, or any portion thereof, shall report to the Board that, in his opinion, the opening of the same would be attended with danger to the public using the same, by reason of the incom- pleteness of the works or permanent way, or the insufficiency of the construction or equipment of such railway, or portion thereof, he shall state in his report the grounds for such opinion, and the company shall be entitled to notice thereof, and shall be served with a copy of such report and grounds, and the Board may refuse such application in whole or in part, or may direct a further or other inspection and report to be made. 6. If thereafter, upon such further or other inspection, or upon a new application under this section, the inspecting engineer reports that such railway, or portion thereof, may be opened without danger to the public, the Board may make an order granting such application in whole or in part, and may name the time therein for the opening of the railway, or such portion thereof, and thereupon the railway, or such portion thereof as is authorized by the Board, may be opened for traffic in accordance with such order. 7. The Board, upon being satisfied that public convenience frfflL freight will be served thereby, may, after obtaining a report of an inspecting engineer, allow the company to carry freight traffic 574 over Inspection. When open- ing reported to be safe. Board may grant appli- cation. When open- ing reported dangerous. Notice. Board may refuse. Further inspection. Order for opening. Leave to traffic. R.S., 1906. Railways. Chap. 37. 83 over any portion of the railway not opened for the carriage of traffic in accordance with the preceding provisions of this section. 3 E. VII., c. 58, s. 207. 262. Whenever any complaint is made to the Board, or the When rail- Board receives information, that any railway, or any portion wav . out of thereof, is dangerous to the public using the ?ame, from want of renewal or repair, or insufficient or erroneous construction, or from any other cause, or whenever circumstances arise which, in its opinion, render it expedient, the Board may direct an inspecting engineer to examine the railway, or any portion Inspection, thereof. 2. The Board may, upon the report of the inspecting en- Board may gineer, order any repairs, renewal, reconstruction, alteration orde T or new work, materials or equipment to be made, done, or furnished by the company upon, in addition to, or substi- tution -for, any portion of the railway, which may, from such report, appear to the Board necessary or proper, and may order, that until such repairs, renewals, reconstruction, alteration, and work, materials or equipment are made, done and furnished to May en j oin its satisfaction, no portion of the railway in respect of which operation such order is made, shall be used, or used otherwise than subject mean Ime ' to such restrictions, conditions and terms as the Board may in such order impose. 3. The Board may by such order condemn and thereby forbid Rolling stock further use of any rolling stock which, from such report, it may denied. C ° n consider unfit to repair or use. 3 E. VII., c. 58, s. 208. 263. If in the opinion of any inspecting engineer, it is Inspecting dangerous for trains to pass over any railway, or any portion may^forbid thereof, until alterations, substitutions or repairs are made operation, thereon, or that any of the rolling stock should be run or used, By notice, the said engineer may, by notice, in writing, — (a) forthwith forbid the running of any train over such railway or portion of railway ; or, (b) require that the same be run only at such times under such conditions, and with such precautions, as he by such notice specifies ; and, (c) forbid the running or using of any such rolling stock. 2. Such notice shall state the reasons for such opinion of the what notice inspecting engineer, and distinctly point out the defects or the sha11 stale - nature of the danger to be apprehended. 3. The notice may be served upon the company owning, run- Service of [ling, or using such railway or rolling stock, or upon any officer notlce - having the management or control of the running of trains upon the railway, or the management or control of the rolling stock. 4. The inspecting engineer shall forthwith report such notice Action of t<. i lie Board, which may cither confirm, modify or disallow the act or order of such engineer. 5. Xotico of such confirmation, modification or disallowance, Notice shall be duly given to the company. 3 E. VII., c. 58, s. 209. thereof. 575 Equipment R.S., 1906. 84 Chap. 37. Railways. OPERATION. Modern and efficient. Communica- tion. Brakes. Couplers. Drive wheel brake. Power or train brakes. Continuous, instan- taneous action. Box freight cars. Outside ladders. Hand grips. Proviso. Equipment and Appliances for Cars and Locomotives. 264. Every company shall provide and cause to be used on all trains modern and efficient apparatus, appliances and means, — (a) to provide immediate communication between the con- ductor while in any car of any passenger train, and the engine driver; (b) to check at will the speed of the train, and bring the same safely to a standstill, as expeditiously as possible, and, except under circumstances of sudden danger or emer- gency, without causing undue discomfort to passengers, if any, on the train ; and, (c) to securely couple and connect the cars composing the train, and to attach the engine to such train, with couplers which couple automatically by impact, and which can be uncoupled without the necessity of men going in between the ends of the cars. 2. Such apparatus, appliances and means for the checking of speed or the stopping of any train shall include a power drive wheel brake and appliances for operating the train brake system upon the locomotive. 3. There shall also be such a number of cars in every train equipped with power or train brakes that the engineer on the locomotive drawing such train can control its speed, or bring the train to a stop in the quickest and best manner possible, without requiring brakemen to use the common hand brake for that purpose. 4. Upon all trains carrying passengers such system of brakes shall be continuous, instantaneous in action, and capable of being applied at will by the engine driver or any brakeman, and the brakes must be self-applying in the event of any failure in the continuity of their action. 5. All box freight cars of the company shall, for the security of railway employees, be equipped with. — (a) outside ladders, on two of the diagonally opposite ends and sides of each car, projecting below the frame of the car, with one step or rung of each ladder below the frame, the ladders being placed close to the ends and sides to which they are attached ; and, (b) hand grips placed anglewise over the ladders of each box car and so arranged as to assist persons in climbing on the roof by means of the ladders : Provided that, if there is at any time any other improved side attachment which, in the opinion of the Board, is better calcu- lated to promote the safety of the train hands, the Board may require any of such cars not already fitted with the side attach- ments by this section required, to be fitted with the said im- proved attachment. 576 6. R.S., 1906. Railways. Chap. 37. 85 6. Every company shall adopt and use upon all its rolling Height of stock such height of draw-bars as the Board determines, in dra,nr - bar s. accordance with any standard from time to time adopted by competent railway authorities. 7. The Board may upon good cause shown, by general regu- Delay may lation, or in any particular case, from time to time grant delay for^o ^. 6 ^ for complying with the provisions of this section. 3 E. VII., pliance. c. 58, ss. 211 and 212. 265. The Board may, subject to the requirements of the last Board may preceding section, upon application, order that any apparatus ^hat^mfip- or appliance specified in such order shall, when used upon the ment suf- train in the manner and under circumstances in such order ficient - specified, be deemed sufficient compliance with the provisions of the said section: Provided that the Board shall not by such order allow any exception to or modification of the requirements of the said section. 3 E. VII., c. 58, s. 212. 266. The oil cups or other appliances used for oiling the Oiling, valves of every locomotive in use upon any railway shall be such that no employee shall be required to go outside the cab of the locomotive, while the same is in motion, for the purpose of oil- ing such valves. 3 E. VII., c. 58, s. 230. 267. Every locomotive engine shall be equipped and main- Bell and tained with a bell of at least thirty pounds weight and with a whistle. steam whistle. 3 E. VII., c. 58, s. 213. Uniformity of Construction and Operation of Rolling Stock. 268. The Board shall endeavour to provide for uniformity Board shall in the construction of rolling stock to be used upon the railway, P r0Vlde for - and for uniformity of rules for the operation and running of trains. 6 E. VII., c. 42, s. 18. The Working of Trains. 269. The Board may make regulations, — Regulations. (a) designating the number of men to be employed upon Number of trains ; men. (b) providing that coal shall be used on all locomotives c oa i # instead of wood in any district ; and, (c) generally providing for the protection of property, and Safety, the protection, safety, accommodation and comfort of the public, and of the employees of the company, in the run- ning and operating of trains by the company. 6 E. VII., c. 42, s. 18. 270. All regular trains shall be started and run, as nearly Regularity in as practicable, at regular hours, fixed by public notice. 3 E. train time - VII., c. 58, s. 215. 37 577 271. E.S., 1906. 86 Chap. 37. Hallways. Blackboard. At stations. Overdue trains. Idem. Knglish and French. 271. Every company, upon whose railway there is a tele- graph line in operation shall have a blackboard put upon the outside of the station house, over the platform of the station, in some conspicuous place at each station of such company at which there is a telegraph office ; and when any passenger train is; overdue at any such station, according to the time table of such company, the station agent or person in charge at such station, shall write, or cause to be written, with white chalk on such blackboard, a notice stating, to the best of his knowledge and belief, the time when such overdue train may be expected to reach such station. 2. If there is any further change in the expected time of arrival the station agent or person in charge of the station shall write, or cause to be written on the blackboard in like man- ner, a fresh notice stating, to the best of his knowledge and belief, the time when such overdue train may then be expected to reach such station. 3. Such notices shall, in the province of Quebec, be written in the English and French languages, and, in the other pro- vinces, in English. 3 E. VIL, c. 58, s. 231. Position of 272. No passenger train shall have any freight, merchandise cars. en{ or lumber car in the rear of any passenger car in which any passenger is carried. 3 E. VIL, s. 58, s. 219. Trains to stop at swing bridges. Board may exempt. 273. When any railway passes over any navigable water, or canal, by means of a draw or swing bridge which is subject to be opened for navigation, every train shall, before coming on or crossing over such bridge, be brought to a full stop, and shall not thereafter proceed until a proper signal has been given for that purpose. 2. Wherever there is adopted or in use on any railway, at any such bridge, an interlocking switch and signal system or other device which, in the opinion of the Board, renders it safe to permit engines and trains to pass over such bridge without being brought to a stop, the Board may, by order, permit engines and trains to pass over such bridge without stopping, under such regulations as to speed and other matters, as the Board deems proper. 3 E. VII., c. 58, s. 223. Use of bell and whistle. Exception. 274. When any train is approaching a highway crossing at rail level the engine whistle shall be sounded at least eighty rods before reaching such crossing, and the bell shall be rung continuously from the time of the sounding of the whistle until the engine has crossed such highway. 2. This section shall not apply to trains approaching such crossing within the limits of cities or towns where municipal by-laws are in force prohibiting such sounding of the whistle and ringing of the bell. 3 E. VIL, c. 58, s. 224. U.S., 1906. 578 275. Railways. Chap. 37. 87 275. No train shall pass in or through any thickly peopled Rate of portion of ary city, town or village, at a speed greater than fenced por* 1 ten miles an hour, unless the track is fenced or properly pro- tions of •tected in the manner prescribed by this Act, or unless permis- sion is given by some regulation or order of the Board. 2. The Board may limit such speed in any case to any rate Board may which it deems expedient. 3 E. VII., c. 58, s. 227. 276. Whenever in any city, town or village, any train is Trains or passing over or along a highway at rail level, and is not headed revlrSfy '"in by an engine moving forward in the ordinary manner, the cities, company shall station on that part of the train, or of the tender if that is in front, which is then foremost, a person who shall warn persons standing on, or crossing, or about to cross the track of such railway. 3 E. VII,, c. 58, s. 228. Precautions at Railway Crossings. 277. No train or engine or electric car shall pass over any Signal at crossing where two main lines of railway, or the main tracks of crossings. any branch linos, cross each other at rail level, whether they are owned by different companies or the same company, until a proper signal has been received by the conductor or engineer in charge of such train or engine from a competent person or watchman in charge of such crossing that the way is clear. 2. In the case of an electric car crossing any railway track at Electric rail- rail level, if there is no competent person or watchman in charge i n gs.° r of the crossing, it shall be the duty of the conductor, before crossing and before giving the signal to the motorman that the way is clear and to proceed, to go forward and see that the track to be crossed is clear. 3 E. VII., c. 58, s. 225. 278. Every engine, train or electric car shall, before it ^^11 rail passes over any such crossing as in the last preceding section level cross- mentioned, be brought to a full stop: Provided that whenever mgs " there is in use, at any such crossing, an interlocking switch and signal system, or other device which, in the opinion of the Board, renders -it safe to permit engines and trains or electric ^el 1 ,,','.. Tre cars to pass over such crossing without being brought to a stop, installed, the Board may, by order, permit such engines and trains and ^'rlvise'^ cars to pass over such crossing without stopping, under such order, regulations as to speed and other matters as the Board deems proper. 3 E. VII., c. 58, s. 226. Respecting the Obstruction of Highway Traffic. 279. "Whenever any railway crosses any highway at rail Train musl level, the company shall not, nor shall its officers, agents or em- highly ployees, wilfully permit any engine, tender or car, or any por- more * ,ian tion thereof, to stand on any part of such highway, for a longer period than five minutes at one time, or, in shunting to obstruct 37^ 579 public R.S., 1906. 88 Chap. 37. Railways. public traffic for a longer period than five minutes at one time, or, in the opinion of the Board, unnecessarily interfere there- with. 6 E. VII., c. 42, s. 21. Employees to wear Badges. Not entitled 280. Every employee of the company employed in a pas- office 6 with- senger train or at a passenger station shall wear upon his hat out. or ca p a badge which shall indicate his office, and he shall not, without such badge, be entitled to demand or receive from any passenger any fare or ticket, or to exercise any of the powers of his office, or to interfere with any passenger or his baggage or property. 3 E. VII., c. 58, s. 216. Respecting Passengers who refuse to pay Fare. Expulsion. 281. Every passenger who refuses to pay his fare may, by the conductor of the train and the train servants of the company, be expelled from and put out of the train, with his baggage, at any usual stopping place, or near any dwelling house, as the conductor elects: Provided that the conductor shall first stop the train and use no unnecessary force. 3 E. VII., c. 58, s. 217. Injuries on Platform, Baggage or Freight Car. No claim for 282. No person injured while on the platform of a car, or certain 8 cases. on an J Da gg a g e > or freight car, in violation of the printed regu- lations posted up at the time, shall have any claim in respect of the injury, if room inside of the passenger cars, sufficient for the proper accommodation of the passengers, was furnished at the time. 3 E. VII., c. 58, s. 218. The Checking of Passengers' Baggage. Company to 283. A check shall be affixed by the company to every parcel affix checks. £ baggage, having a handle, loop or suitable means for attach- ing a check thereupon, delivered by a passenger to the company for transport ; and a duplicate of such check shall be given to the passenger delivering the same. Excess 2. In the case of excess baggage the company shall be entitled baggage. tQ co ]] ec t f rom the passenger, before affixing any such check, the toll authorized under this Act. 3 E. VII., c. 58, s. 220. Accommodation for Traffic. At all 284. The company shall, according to its powers, — stations. ^ a j furnig}^ a t the place of starting, and at the junction of the railway with other railways, and at all stopping places established for such purpose, adequate and suitable accom- modation for the receiving and loading of all traffic offered for carriage upon the railway ; 580 (b) R.S., 1906. Railways. Chap. 37. 89 (b) furnish adequate and suitable accommodation for the Carriage and carrying, unloading and delivering of all such traffic ; delivery. (c) without delay, and with due care and diligence, receive, No delay, carry and deliver all such traffic; and, ( d) furnish and use all proper apj>liances, accommodation Appliances. and means necessary for receiving, loading, carrying, un- loading and delivering such traffic. 2. Such adequate and suitable accommodation shall include What reasonable facilities for the junction of private sidings or suftX^ac- 11 ' 1 private branch railways with any railway belonging to or worked commodation by the company, and reasonable facilities for receiving, forward- 8 a mc u e ' ing and delivering traffic upon and from those sidings or private branch railways, together with the placing of cars and moving them upon and from such private sidings and private branch railways. 3. If in any case such accommodation is not, in the opinion May be of the Board, furnished by the company, the Board may order g r ^f d the company to furnish the same within such time or during such period as the Board deems expedient, having regard to all proper interests ; or may prohibit or limit the use, either gen- erally or upon any specified railway or part thereof, of any engines, locomotives, cars, rolling stock, apparatus, machinery, or devices, or any class or kind thereof, not equipped as required by this Act, or by any orders or regulations of the Board made within its jurisdiction under the provisions of this Act. 4. Such traffic shall be taken, carried to and from, and deliv- Payment of ered at the places aforesaid on the due payment of the toll law- totta - fully payable therefor. 5. Where a company's railway crosses or joins or approaches, Board may in the opinion of the Board, sufficiently near to any other rail- so^s'lo^aii™'- way, upon which passengers or mails are transported, whether connections the last mentioned railway is within the legislative authority of between" 16 the Parliament of Canada or not, the Board may order the' railways for company to so regulate the running of its trains carrying passen- j^d^Si? gers or mails, and the places and times of stopping them, as to afford reasonable opportunity for the transfer of passengers and mails between its railway and such other railway, and may order the company to furnish reasonable facilities and accom- modation for such purpose. 6. For the purposes of this section the Board may order that Specific specific works be constructed or carried out, or that property bordered be acquired, or that specified tolls be charged, or that cars, b J' Board, motive power or other equipment be allotted, distributed, used or moved as specified by the Board, or that any specified steps, systems, or methods be taken or followed by any particular company or companies, or by railway companies generally. 7. Every person aggrieved by any neglect or refusal of the Right of company to comply with the requirements of this section shall, action on subject to this Act, have an action therefor against the company, from which action the company shall not be relieved by any 581 notice, K.S., 1906. 90 Chap. 37. Railways. Condition notice, condition or declaration, if the damage arises from any gencTinvalfd* negligence or omission of the company or of its servant. 3 E. ' VIL, c. 58, s. 214; 6 E. VIL, c. 42, ss. 19, 20 and 23. Traflic over connecting lines. 285. Where a branch line of one railway joins or connects the line or lines of such railway with another, the Board may, upon application of one of the companies, or of a municipal corporation or other public body, order that the railway com- pany which constructed such branch line shall afford all reason- able and proper facilities for the interchange, by means of such branch, of freight and -live stock traffic, and the empty cars incidental thereto, between the lines of the said railway and those of the railway with which the said branch is so joined or connected, in both directions, and also between the lines of the said first mentioned railway and those of other railways con- necting with the lines of the first mentioned railway, and all tracks and sidings used by such first mentioned railway for the purpose of loading and unloading cars, and owned or controlled by, or connecting with the lines of, the company owning or con- trolling the first mentioned railway, and such other tracks and sidings as the Board from time to time directs. 2. The Board may, in and by such order, or by other orders, from time to time determine as questions of fact and direct the price per car which shall be charged by and paid to the company owning or controlling the first mentioned railway for such traffic. 3. This section shall apply whether or not the point of con- nection is within the same city, town or village as the point of shipment or delivery, or so near thereto that the tolls to and from such points are the same. 6 E. VIL, c. 42, s. 28. Transporta- tion of dangerous goods. Nature must be marked outside. Dangerous Commodities. 286. No passenger shall carry, nor shall the company be required to carry upon its railway, gunpowder, dynamite, nitro- glycerine, or any other goods which are of a dangerous or explo- sive nature. 2. Every person who sends by the railway any such goods shall distinctly mark their nature on the outside of the pack- age containing the same, and otherwise give notice in writing t<> the station agent or employee of the company whose duty it is to receive such goods and to whom the same are delivered. 3 E. VIL, c. 58, s. 221. Company may refuse to carry. Carriage in special cars. R.S., 1906. 287. The company may refuse to take any package or parcel which it suspects to contain goods of a dangerous nature, or may require the same to be opened to ascertain the fact. 2. The company shall not carry any such goods of a danger- ous nature, except in cars specially designated for that pur- pose, on each side of each of which cars shall plainly appear in 582 large Railways. Chap. 37. 91 large letters the words Dangerous Explosives. 3 E. VII., c. 58, s. 222. Packing. 288. The spaces behind and in front of every railway frog in what or crossing, and between the fixed rails of every switch, where s P aces - such spaces are less than four inches in width, shall be filled with packing up to the under side of the head of the rail. 2. The spaces between any wing rail and any railway frog, Idem, and between any guard rail and the track rail alongside of it, shall be filled with packing at their splayed ends, so that the whole splay shall be so filled where the width of the space be- tween the rails is less than four inches. 3. Such packing shall not reach higher than to the under Height of. side of the head of the rail. 4. Such packing shall consist of wood or metal, or some Of what to equally substantial and solid material, of not less than two consist - inches in thickness, and, where by this section any space is required to be filled in on any railway, shall extend to within one and a half inch of the crown of the rails in use, shall be neatly fitted so as to come against the web of such rails, and shall be well and solidly fastened to the ties on which such rails are laid. 5. The Board may, notwithstanding the requirements of this Board may section, allow the filling and packing therein mentioned to re s ulate - be left out from the month of December to the month of April in each year, both months included, or between any such dates as the Board by regulation, or in any particular case, deter- mines. 3 E. VII., c. 58, s. 230. His Majesty's Mail and Forces. 289. His Majesty's mail, His Majesty's naval or military Carriage of forces or militia, and all artillery, ammunition, provisions m&i ] a ' troops, 6Qiiir)iiicnt or other stores for their use, and all policemen, constables or etc. others travelling on His Majesty's service, shall, at all times, when required by the Postmaster General of Canada, the Com- mander of the Forces, or any person having the superintend- ence and command of any police force, respectively, be carried on the railway, and with the whole resources of the company if required, on such terms and conditions and under such regu- Regulations, lations as the Governor in Council makes. 3 E. VII., c. 58, s. 232. Telegraphs and Telephones. 290. The company shall, when required so to do by the Government Governor in Council, or any person authorized by him, place ma f ^ ave at the exclusive use oi the Government of Canada any electric telegraph and telephone lines, and any apparatus and operators which it has. 583 2. R.S., 1906, 92 Chap. 37. Bail ways. Compensa- tion. 2. The company shall thereafter be entitled to receive reason- able compensation for such service. 3 E. VII., c. 58, s. 233. Government 291. The Governor in Council may, at any time, cause a vrires^n line or lines of electric telegraph or telephone to be constructed right of way. a l on g the line of any railway, for the use of the Government of Canada, and, for that purpose, may enter upon and occupy so much of the lands of the company as is necessary for the purpose. 3 E. VIL, c. 58, s. 234. Notice of accidents Board. to Board may regulate. Appointment of officer to inquire into accidents. Officer to report to Board. Powers of Board. Accidents. 292. Every company shall, as soon as possible, and imme- diately after the head officers of the company have received information of the occurrence upon the railway belonging to such company, of any accident attended with personal injury to any person using the railway, or to any employee of the company, or whereby any bridge, culvert, viaduct, or tunnel on or of the railway has been broken or so damaged as to be impassable or unfit for immediate use, give notice thereof, with full particulars, to the Board. 2. The Board may by regulation declare the manner and form in which such information and notice shall be given and the class of accidents to which this section shall apply, and may declare any such information so given to be privileged. 3 E. VIL, c. 58, s. 236 ; 6 E. VIL, c. 42, s. 22. 293. The Board may appoint such person or persons as it thinks fit to inquire into all matters and things which it deems likely to cause or prevent accidents, and the causes of and the circumstances connected with any accident or casualty to life or property occurring on any railway, and into all parti- culars relating thereto. 2. The person or persons so appointed shall report fully, in writing, to the Board, his or their doings and opinions on the matters respecting which he or they are appointed to inquire, and the Board may act upon such report and may order the company to suspend or dismiss any employee of the company whom it may deem to have been negligent or wilful in respect of any such accident. 3 E. VIL, c. 58, s. 236. Cattle not allowed at large near railway. May be impounded. Animals. 294. iSTo horses, sheep, swine or other cattle shall be per- mitted to be at large upon any highway, within half a mile of the intersection of such highway with any railway at rail level, unless they are in charge of some competent person or persons, to prevent their loitering or stopping on such highway at such intersection, or straying upon the railway. 2. All horses, sheep, swine or other cattle found at large con- trary to the provisions of this section may, by any person who 584 finds U.S., 1906. Railways. Chap. 37. 93 finds them at large, be impounded in the pound nearest to the place where thej are so found, and the pound-keeper with whom the same are impounded shall detain them in like manner, and subject to like regulations as to the care and disposal thereof, as in the case of cattle impounded for trespass on private property. 3. If the horses, sheep, swine or other cattle of any person, No right of which are at large contrary to the provisions of this section, are killed or injured by any train, at such point of intersection, he shall not have any right of action against any company in respect of the same being so killed or injured. 4. When any horses, sheep, swine or other cattle at large, Cattle killed whether upon the highway or not, get upon the property of the £ n property company and are killed or injured by a train, the owner of any of company, such animal so killed or injured shall, except in the cases other- wise provided for by the next following section, be entitled to recover the amount of such loss or injury against the company Burden of in any action in any court of competent jurisdiction, unless the pro ° ' company establishes that such animal got at large through the negligence or wilful act or omission of the owner or his agent, or of the custodian of such animal or his agent. 5. The fact that any such animal was not in charge of some Right to competent person or persons shall not, if the animal was killed preserved. or injured upon the property of the company, and not at the point of intersection with the highway, deprive the owner of his right to recover. 3 E. VII., c. 58, s. 237. 295. No person whose horses, cattle, or other animals are No right of killed or injured by any train shall have any right of action against any company in respect of such horses, cattle, or other animals being so killed or injured, if the same were so killed or injured by reason of any person, — (a) for whose use any farm crossing is furnished failing to Gates not keep the gates at each side of the railway closed, when not closed - in use ; or, ( b) wilfully leaving open any gate on either side of the rail- Or wilfully way provided for the use of any farm crossing, without e some person being at or near such gate to prevent animals from passing through the gate on to the railway ; or, (c) other than an officer or employee of the company while Or fence acting in the discharge of his duty, taking down any part tfl!:en down - of a railway fence ; or, (d) turning any such horse, cattle, or other animal upon or o cattle •within the inclosure of any railway, except for the purpose tu . rn( : d .. , , ., . i.i • i <• within rail- of and while crossing the railway in charge ot some compe- way in- tent person using all reasonable care and precaution to closure - avoid accidents ; or, (e ) except as authorized by this Act, without the consent of 0r railway 1 ', r .,. ij- j • ■ li used without the company, riding, leading or driving any such horse, consent. cattle, or other animal, or suffering the same to enter upon any railway, and within the fences and guards thereof. 3 E. VII., c. 58, ss. 200 and 201. 585 296. E.S., 1906. 94 Chap. 37. Railways. Thistles and Weeds. Company to 296. Every company shall cause thistles and all noxious weeds growing on the right of way, and upon land of the com- pany adjoining the railway, to be cut down or to be rooted out and destroyed each year, before such thistles or weeds have suffi- ciently matured to seed. 3 E. VII., c. 58, s. 238. Fires. Company to 297. The company shall at all times maintain and keep its 1 deal. ° right of way free from dead or dry grass, weeds and other un- wav necessary combustible matter. 3 E. VII., c. 58, s. 239. Liability for 298. Whenever damage is caused to crops, lands, fences, by locomo- plantations, or buildings and their contents, by a fire, started by tive - a railway locomotive, the company making use of such locomo- tive, whether guilty of negligence or not, shall be liable for such damage and may be sued for the recovery of the amount of such Proviso. damage in any court of competent jurisdiction: Provided that if it be shown that the company has used modern and efficient appliances and has not otherwise been guilty of any negligence, the total amount of compensation recoverable in respect of any one or more claims for damage from a fire or fires started by the same locomotive and upon the same occasion, shall not exceed five thousand dollars. rnent r of°com- ^" ^ ie compensation, in case the total amount recovered pensation. therefor is less than the claims established, shall be apportioned amongst the parties who suffered the loss as the court or judge may determine. Company has 3 «j> ne com pany shall have an insurable interest in all pro- insurable ■'• interest. perty upon or along its route, for which it may be held liable to compensate the owners for loss or damage by fire caused by a railway locomotive, and may procure insurance thereon in its own behalf. 3 E. VII., c. 58, s. 239. Purchase of Railway by Person without Corporate Power to operate. Xon-corpor- 299. If any railway, or any section of any railway, is sold to obtain under the provisions of any deed or mortgage, or at the instance authority to f the holders of any mortgage, bonds, or debentures, for the payment of which any charge has been created thereon, or under any other lawful proceeding, and is purchased by any person not having corporate power to hold and operate the same, the purchaser shall not run or operate such railway until authority therefor has been obtained as in this section provided. Application 2. The purchaser shall transmit to the Minister an appli- cation in writing stating the fact of such purchase, describing the termini and lines of route of the railway purchased, specify- ing the Special Act under which the same was constructed and operated, and requesting authority from the Minister to run 586 and R.S., 1906. Railways. Chap. 37. 95 and operate the railway, and shall, with such application, trans- mit a copy of any writing preliminary to the conveyance of such railway, made as evidence of such sale, and also a duplicate or authenticated copy of the deed of conveyance of such railway, and such further details and information as the Minister may require. 3. Upon any such application, the Minister may, if he is Minister may satisfied therewith, grant an order authorizing the purchaser autnonze - to run and operate the railway purchased until the end of the then next session of the Parliament of Canada, subject to such terms and conditions as the Minister may deem expedient. 4. The purchaser shall thereupon be authorized, for such Purchaser period only and subject to such order, to operate and run such authorized railway, and to take and receive such tolls in respect of traffic to operate carried thereon, as the company previously owning and operat- ing the same was authorized to take, and the purchaser shall also be subject to the terms and conditions of the Special Act of the said company, in so far as the same can be made applic- able. 5. Such purchaser shall- apply to the Parliament of Canada Application at the next following session thereof after the purchase of such m ) en t ar ia railway, for an Act of incorporation or other legislative authority, to hold, operate and run such railway. 6. If such application is made to Parliament and is unsuc- One exten- cessful, the Minister may extend the order to run and operate such railway until the end of the then next following session of Parliament, and no longer. 7. If during such extended period the purchaser does not Closing of obtain such Act of incorporation or other legislative authority, such railway shall be closed or otherwise dealt with by the Minister, as may be determined by the Governor in Council. 3 E. VII., c. 58, s. 240. Railway Constables. 300. (a) Any two justices of the peace, or a stipendiary or Who may police magistrate, in the provinces of Ontario, Nova Scotia, a PP° int - New Brunswick, Manitoba, British Columbia, or Prince Edward Island ; (b) Any judge of the Court of King's Bench, or of the Superior Court, or any clerk of the peace, clerk of the Crown, or judge of the sessions of the peace, in the pro- vince of Quebec ; (c) In the province of Saskatchewan or Alberta, any judge of the Supreme Court of the Northwest Territories, pend- ing the abolition of the said Court in the province, and thereafter any judge of such superior court as may be estab- lished by the legislature of the province in lieu thereof; (d) Two justices of the peace, in the Northwest Territories; and, 587 (e) R.S., 1906. 96 Chap. 37, Railways. Oath to be taken. Form of oath. Appointment in writing. (e) Any commissioner of a parish court in the province of New Brunswick ; within whose respective jurisdictions the railway runs, may, on the application of the company or any clerk or agent of the company, appoint any persons recommended for that purpose by such company, clerk or agent, to act as constables on and along such railway. 2. Every person so appointed shall take an oath or make a solemn declaration, which may be administered by any judge or other official authorized to make the appointment or to administer oaths, in the form or to the effect following, that is to say: — ' I, A.B., having been appointed a constable to act upon and along (here name the railway), under the provisions of the Railway Act, do swear that I will well and truly serve our Sovereign Lord the King in the said office of constable, without favour or affection, malice or ill-will; that I will, to the best of my power, cause the peace to be kept, and prevent all offences against the peace ; and that, while I continue to hold the said office, I will, to the best of my skill and knowledge, discharge the duties thereof faithfully, according to law. So help me God.' 3. Such appointment shall be made in writing signed by the official making the appointment, and the fact that the person appointed thereby has taken such oath or declaration shall be endorsed on such written appointment by the person admin- istering such oath or declaration. 3 E. VII., c. 58, s. 241. Territorial limits of ; ible. Powers of constable. 301. Every constable so appointed, who has taken such oath or made such declaration, may act as a constable for the preservation of the peace, and for the security of persons and property against unlawful acts, — (a) on such railway, and on any of the works belonging thereto ; (b) on and about any trains, roads, wharfs, quays, landing places, warehouses, lands and premises belonging to such company, whether the same are in the county, city, town, parish, district or other local jurisdiction within which he was appointed, or in any other place through which such railway passes, or in which the same terminates, or through or to which any railway passes w r hich is worked or leased by such company; and, (c) in all places not more than a quarter of a mile distant from such railway. 2. Every such constable shall have all such powers, protec- tion and privileges for the apprehending of offenders, as well by night as by day, and for doing all things for the prevention, discovery and prosecution of offences, and for keeping the peace, as any constable duly appointed has within his constablewick. 3 E. VII., c. 58, s. 241. 588 302. R.S., 1906. Railways. Chap. 37. 97 302. Any such constable may take such persons as are Justices, charged with any offence against the provisions of this Act, or any of the Acts or by-laws affecting the railway, punishable by summary conviction, before any justice or justices appointed for any county, city, town, parish, district or other local juris- diction within which such railway passes. 2. Every such justice may deal with all such cases, as though Venue, the offence had been committed and the persons taken within the limits of his jurisdiction. 3 E. VII., c. 58, s. 241. 303. (a) Any county court judge, or stipendiary police Who may magistrate, in either of the provinces of Ontario, Nova tables. C ° n * Scotia, New Brunswick, Manitoba, British Columbia or Prince Edward Island ; (b) Any judge of the Court of King's Bench, or of the Superior Court, or judge of the sessions of the peace, in the province of Quebec ; and, (c) In the province of Saskatchewan or Alberta, any judge of the Supreme Court of the Northwest Territories, pend- ing the abolition of that Court in the province, and there- after any judge of any such superior court as may be established by the legislature of the province in lieu thereof ; may dismiss any such constable who is acting within their several jurisdictions. 2. The company, or any clerk or agent of the company, idem, may also dismiss any such constable who is acting on such railway. 3. Upon every such dismissal, all powers, protection and Powers to privileges, which belonged to any such person by reason of S^^ on i such appointment, shall wholly cease. 4. No person so dismissed shall be again appointed or act May not be as constable for such railway, without the consent of the reappointed, authority by whom he was dismissed. 3 E. VII., c. 58, s. 241. 304. The company shall within one week after the date Record of of the appointment or dismissal, as the case may be, of any a PP° mt - such constable appointed at the instance of the company, cause dismissals. to be recorded in the office of the clerk of the peace for every county, parish, district, or other local jurisdiction in which any such constable is so appointed, — (a) such appointment or a certined copy thereof; (b) the name and designation of any such constable ; ( c) the date of his appointment ; (d) the name of the authority making such appointment; and, in the case of dismissal, (e ) the fact of the dismissal of any such constable ; i) (f) the date of any such dismissal; and, (g) the name of the authority making such dismissal. 3 E. VII., c. 58, s. 241. 589 305. R.S., 1906. 98 Chap. 37. Hallways. Book to be kept by clerk of the peace. 305. Such clerk of the peace shall keep a record of all such facts in a book which shall be open to public inspection, and shall he entitled to a fee of fifty cents for each entry of appoint- ment <>r dismissal, and twenty-five cents for each search or inspection, including the taking- of extracts. 3 E. VIL, c. 58, s. 241. ACTIONS FOR DAMAGES. Limitation. Pleadings. Certain actions excepted. Company Dot relieved. 306. All actions or suits for indemnity for any damages or injury sustained by reason of the construction or operation of the railway shall be commenced within one year next after the time when such supposed damage is sustained, or, if there is continuation of damage, within one year next after the doing or committing of such damage ceases, and not afterwards. 2. In any such action or suit the defendants may plead the general issue, and may give this Act and the Special Act and the special matter in evidence at the trial, and may prove that the said damages or injury alleged were done in pursuance of and by the authority of this Act or of the Special Act. 3. Nothing in this section shall apply to any action brought against the company upon any breach of contract, express or implied, for or relating to the carriage of any traffic, or to any action against the company for damages under the follow- ing provisions of this Act, respecting tolls. 4. No inspection had under this Act, and nothing in this Act contained, and nothing done or ordered or omitted to be done or ordered, under or by virtue of the provisions of this Act, shall relieve, or be construed to relieve, any company of or from or in any wise diminish or affect, any liability or responsibility resting upon it, under the laws in force in the province in which such liability or responsibility arises, either inwards His Majesty or towards any person, or the wife or husband, parent or child, executor or administrator, tutor or curator, heir or personal representative, of any person, for any- thing done or omitted to be done by such company, or for any wrongful act, neglect or default, misfeasance, malfeasance, or nonfeasance, of such company. 3 E. VIL, c. 58, s. 242. BY-LAWS, RULES AND REGULATIONS. Company may make. Speed. Time tables. Loads. Traffic. R.S., 1906. 307. The company may, subject to the provisions and re- strictions in this and in the Special Act contained, make by-laws, rules or regulations respecting, — (a) the mode by which, and the speed at which, any rolling- stock used on the railway is to be moved ; (b) the hours of the arrival and departure of trains ; (c) the loading and unloading of cars, and the weights which they are respectively to carry ; (d) the receipt and delivery of traffic; 590 (e) Railways. Chap. 37. 99 (e) the smoking of tobacco, expectorating, and the commis- Nuisances, sion of any nuisance in or upon trains, stations, or other premises occupied by the company; (f) the travelling upon, or the using or working of the rail- Operation. way; (a) the employment and conduct of the officers and employees Officers and t 4.1. . i employees. oi the company; and, (h) the due management of the affairs of the company. 3 E. Manage- VII., c. 58, s. 243. ment - 308. The company may, for the better enforcing of the Penalty may observance of any such by-law, rule or regulation, thereby pre- sc e ri be 599 tion, *****' R.S., 1906. 108 Chap. 37. Railways. Board may require. tion, the Board on the application of any company or person desiring; to forward traffic over any such continuous route, which the Board considers a reasonable and practicable route, or any portion thereof, may require -such companies, within a prescribed time, to agree upon and file in like manner a joint tariff for such continuous route, satisfactory to the Board, or in a y, by order, determine the route, fix the toll or tolls and apportion the same among the companies interested, and may determine the date when the toll or tolls so fixed shall come into effect. 2. Upon any such order being made the companies shall as soon as possible, or within such time as the Board may require, file and publish a joint tariff in accordance with this Act, and in accordance with such order. 3. In any case when there is a dispute between companies through rate interested as to the apportionment of a through rate in any joint tariff, the Board may apportion such rate between such com- panies. 4. The Board may decide that any proposed through rate is just and reasonable, notwithstanding that a less amount may be allotted to any company out of such through rate than the toll such company would otherwise be entitled to charge. 3 E. VII., c. 58, s. 267. Companies to comply. Apportion ment of Power of Board. Joint tariff. 335. When traffic is to pass over any continuous route from a point in Canada through a foreign country into Canada, or from any point in Canada to a foreign country, and such route is operated by two or more companies, whether Canadian or foreign, the several companies shall file with the Board a joint tariff for such continuous route. 3 E. VII., c. 58, s. 268. Idem 336. As respects all traffic which shall be carried from any point in a foreign country into Canada, or from a foreign country through Canada into a foreign country by any con- tinuous route owned or operated by any two or more companies, whether Canadian or foreign, a joint tariff for such continu- ous route shall be duly filed with the Board. 3 E. VII., c. 58, s. 269. Continuous carriage. Break in bulk, etc. Continuity. U.S., 1906. 337. No company shall, by any combination, contract or agreement, express or implied, or by other means or devices, prevent the carriage of goods from being continuous from the place of shipment to the place of destination. 2. No break in bulk, stoppage or interruption made by such company shall prevent the carriage of goods from being treated as one continuous carriage from the place of shipment to the place of destination, unless such break, stoppage or interruption was made in good faith for some necessary pur- pose, and without any intent to avoid or unnecessarily inter- 600 rupt Railways. Chap. 37. 109 rupt such continuous carriage, or to evade anv of the provisions of this Act. 3 E. VTL, c. 58, s. 272. 338. Joint tariffs shall, as to the filing and publication Fni ng an d thereof, be subject to the same provisions in this Act as are publication applicable to the filing and publication of local tariffs of a tariffs"* similar description ; and upon any such joint tariff being so duly filed with the Board the company or companies shall. until such tariff is superseded or disallowed by the Board, charge the toll or tolls as specified therein: Provided that the Proviso. Board may except from the provisions of this section the filing and publication of any or all passenger tariffs of foreign rail- way companies. 2. The Board may require to be informed by the com- i n f ormat i n pany of the proportion of the toll or tolls, in any joint tariff which Board filed, which it or any other company, whether Canadian or may requlre - foreign, is to receive or has received. 3 E. VII., c. 58, s. 273. 339. The company shall deposit and keep on file in a con- where tariffs venient place, open for the inspection of the public during office ma y be hours, a copy of each of its tariffs, at the following places respectively : — (a) Standard passenger and freight tariffs at every station or Standard office of the company where passengers or freight res- tanffs - pectively, are received for carriage thereunder; (b) Special passenger and freight tariffs, at every station s pe cial or office of the company where passengers or freight, res- tariffs. pectively, are received for carriage thereunder, and, as to such freight tariffs, as soon as possible, at each of its sta- tions or offices to which freight traffic is to be carried there- under ; (c) Competitive tariffs, at each freight station or office of the Competitive company where goods are to be received and delivered tanffs - thereunder ; (d) Joint tariffs for traffic passing over any continuous j i n t tariffs route in Canada, operated by two or more companies, at in Canada, each freight station or office where traffic is to be received, and at each freight station to which such tariffs extend ; (e) Joint tariffs lor trariic passing over any continuous j j nt tariffs, route operated by two or more companies, whether Can- Canadian or adian or foreign, from a point in Canada through a foreign country into Canada, or from any point in Canada to a foreign country, at each freight station or office where such traffic is to be received, and at each freight station or office in Canada to which it is to be carried as its destin- ation ; (f) Joint tariffs for traffic carried by any continuous route idem, owned or operated by two or more companies, whether Canadian or foreign, from any point in a foreign countrv into Canada, or from a foreign countrv through Canada 601 into R.S., 1906. 110 Chap. 37. Railways. Freight classifica- tions. Notice to be posted at station of place where tariffs open to inspection Power of Board as to publication of tariffs. May exempt into a foreign country, at each freight station or office in Canada to which such tariffs extend. 2. The company shall keep on file at its stations or offices, where freight is received and delivered, a copy of the freight classification, or classifications, in force upon the railway, for inspection during business hours. 3. The company shall post up in a prominent place at each of its stations where passengers or freight, respectively, are received for carriage, a notice in large type directing the public attention to the place in such station where the passenger or freight tariffs, respectively, are kept on file for public inspection during business hours, and the station agent, or person in charge at such station, shall produce to any applicant, on re- quest, any particular tariff in use at that station which he may desire to inspect. 4. Notwithstanding anything in this section, the Board may, in addition to or in substitution for the publication of any tariff required by this section, by regulation or otherwise, determine and prescribe the manner and form in which any such tariff shall be published or kept open by the company for public inspection, and may exempt from any such publication any competitive tariffs, or any joint tariff for traffic carried by any continuous route, — (a) operated by two or more companies, whether Canadian or foreign, from a point in Canada through a foreign country into Canada, or from any point in Canada to a foreign country; or, (b) owned or operated by any two or more companies, whether Canadian or foreign, from any point in a foreign country into Canada, or from a foreign country through Canada into a foreign country. 3 E. VII., c. 58, s. 274. Contracts, etc., impair- ing carriers' liability. Power of Board. Board may prescribe terms. General Provisions respecting Carriage. 340. ISTo contract, condition, by-law, regulation, declaration or notice made or given by the company, impairing, restricting or limiting its liability in respect of the carriage of any traffic, shall, except as hereinafter provided, relieve the company from such liability, unless such class of contract, condition, by-law, regulation, declaration or notice shall have been first authorized or approved by order or regulation of the Board. 2. The Board may, in any case, or by regulation, determine the extent to which the liability of the company may be so im- paired, restricted or limited. 3. The Board may by regulation prescribe the terms and con- ditions under which any traffic may be carried by the company. 3 E. VII., c. 58, s. 275. Free or reduced traffic. R.S., 1906. 341. Nothing in this Act shall be construed to prevent, — (a) the carriage, storage or handling of traffic, free or at reduced rates, for the Dominion, or for any provincial or 602 municipal Railways. Chap. 37. Ill municipal government, or for charitable purposes, or to or Government from fairs and expositions for exhibition thereat, or the *nd chari - carriage, free or at reduced rates, of destitute or homeless persons, transported by charitable societies, and the neces- sary agencies employed in such transportation ; (b) the issuing of mileage, excursion or commutation pas- immigrants, senger tickets, or the carriage at reduced rates, of immi- etc - grants or settlers and their goods or effects, or any member of any organized association of commercial travellers with his baggage ; (c) railways from giving free carriage or reduced rates to Officers, em- their own officers and employees, or their families, or for P lo y ees - etc - their goods and effects, or to members of the provincial legislatures or of the press, or to such other persons as the Board may approve or permit ; or, (d) the principal officers of any railway, or any railway or Passes, transportation company, from exchanging passes, or free tickets with other railways, or railway or transportation companies, for their officers and employees and their families, or their goods and effects : Provided that the carriage of traffic by the company under this B oar( j may section may, in any particular case, or by general regulation, be regulate. extended, restricted, limited or qualified by the Board. 3 E. VIL, c. 58, s. 275. 342. Notwithstanding anything in this Act, the Board may Special rates, make regulations permitting the company to issue special rate notices prescribing tolls, lower than the tolls in force upon the railway, to be charged for specific shipments between points upon the railway, not being competitive points, if it considers that the charging of the special tolls mentioned in any such notices will help to create trade, or develop the business of the company, or be in the public interest, and not otherwise con- trary to the provisions of this Act. 2. Every such special rate notice, or a duplicate copy thereof, Notice to be shall be filed with the Board, and shall exist merely for the pur- B le ^ 7^ pose of giving effect to the special rate charged for the specific shipment mentioned therein. 3 E. VIL, c. 58, s. 275. 343. The company shall furnish free transportation upon Members of any of its trains, for members of the Senate and House of Com- ^''p" 161 ^ mons of Canada with their baggage, and also for the members etc., free. ' of the Board, and for such officers and staff of the Board as the Board may determine, with their baggage and equipment, and shall also, when required, haul free of charge any car provided for the use of the Board. 3 E. VIL, c. 58, s. 275. Collection of Tolls. 344. In case of refusal or neglect of payment on demand of May be any lawful tolls, or any part thereof, the same shall be recover- an^com-t'" 603 able R.S., 1906. 112 Chap. 37. Railways. able in any court of competent jurisdiction. 3 E. VTL, c. 58, 8. 2S0. faliTof goods 345. The company may, instead of proceeding as aforesaid subject to for the recovery of such tolls, seize the goods for or in respect whereof such tolls are payable, and may detain the same until payment thereof, and in the meantime the said goods shall be at t lie risk of the owners thereof. Sale of goods, g. If the tolls are not paid within six weeks, and, where the goods are perishable goods, if the tolls are not paid upon demand, or such goods are liable to perish while in the possession of the company by reason of delay in payment or taking delivery by the consignee, the company may advertise and sell the whole or any part of such goods, and, out of the money arising from such sale, retain the tolls payable and all reasonable charges and expenses of such seizure, detention and sale. 3. The company shall pay or deliver the surplus, if any, or such of the goods as remain unsold, to the person entitled thereto. 3 E. VII., c. 58, s. 280. Application of proceeds Surplus. Unclaimed 346. If any goods remain in the possession of the com- pany unclaimed for the space of twelve months, the company may thereafter, and on giving public notice thereof by adver- tisement for six weeks in the official gazette of the province in which such goods are, and in such other newspapers as it deems necessary, sell such goods by public auction, at a time and place which shall be mentioned in such advertisement, and, out of the proceeds thereof, pay such tolls and all reasonable charges for storing, advertising and selling such goods. 2. The balance of the proceeds, if any, shall be kept by the company for a further period of three months, to be paid over to any person entitled thereto. 3 E. VII., c. 58, s. 280. If unclaimed. 347. In default of such balaance being claimed before the expiration of the period last aforesaid, the same shall be deposit- ed with the Minister of Finance for the public uses of Canada. 2. Such balance may be claimed by the person entitled thereto at any time within six years from the date of such deposit. 3 E. VII., c. 58, s. 280. Sale. Proceeds. Balance. Limitation of time for claim. Approval of tolls. Disallowance of tolls. Express Tolls. 348. All express tolls shall be subject to the approval of the Board. 2. The Board may disallow any express tariff or any portion thereof which it considers unjust or unreasonable, and shall have and may exercise all the powers with respect to express tolls and such tariffs as it has or may exercise under this Act with respect to freight tolls and freight tariffs; and all the provisions of this Act applicable to freight tolls and freight tariffs, in so far as such provisions are applicable and not incon- 604 sistent U.S., 100G. Railways. Chap. 37. 113 sistent with the provisions of this section and the five next following sections, shall applv to express tolls and tariffs. 6 E. VII., c. 42, s. 27. 349. Tariffs of such express tolls shall be filed with the Tariff of Board and shall be in such form, size and style and give such tolls - information, particulars and details as the Board, from time to time, by regulation or by order in any particular case, prescribes. 6 E. VII., c. 42, s. 27. 350. Xo company shall carry or transport any goods by Goods not to express, unless and until the tariff of express tolls therefor or ' t)e ?. a ^ rie 4 . • • i -ii i i • i i m t • ^ untl l tariff IS m connection therewith has been submitted to and filed with filed, or after the Board in the manner hereinbefore provided ; or, in the case dlsa ' lowance - of competitive tariffs, unless such tariffs are filed in accordance with the rules and regulations of the Board made in relation thereto, or in any case where such express toll in any tariff has been disallowed by the Board. 6 E. VII., c. 42, s. 27. 351. ]STo express toll shall be charged in respect of which Tolls not to there is default in such filing, or which is disallowed by the JntiVfiled Board : Provided that any company, person or corporation and which was, immediately previous to the thirteenth day of p 1 ^™! ' July, one thousand nine hundred and six, charging express tolls, may, without such filing or approval, for a period of six months next after the last mentioned date, or for such further period as the Board allows, charge such express tolls as >such company, person or corporation, immediately previous to the said date, might lawfully have charged. 6 E. VII., c. 42, s. 27. 352. The Board may by regulation, or in any particular Board may case, prescribe what is carriage or transportation of goods by define express, or whether goods are carried or transported by express exprefs 6 y within the meaning of this Act. 6 E. VII., c. 42, s. 27. 353. No contract, condition, by-law, regulation, declaration Conditions or notice made or given by any company or any person or cor- limiting poration charging express tolls impairing, restricting or limit- ^ approved ing the liability of such company, person or corporation with by Board, respect to the collecting, receiving, caring for or handling of any goods for the purpose of sending, carrying or transporting them by express, or for or in connection with the sending, carrying, transporting or delivery by express of any goods, shall have any force or effect unless first approved by order or regulation of the Board. 2. In order to allow time for the companies, persons and Saving as to corporations to comply with the provisions of this section, nil existing con- contracts, conditions, by-laws, regulations, declarations or notions within the meaning of this section lawfully in use immediately previous to the thirteenth day of July, one thousand nine hundred and six, may continue to be used and shall have 605 effect R.S., 1906. 114 Chap. 37. Railways. Regulation of carriage by express. Annual return by company. Form, etc., of return. effect until such later date as the Board may by order, in any case, or by regulation, fix and allow. 3. The Board may in any case or by regulation, — (a) determine the extent to which the liability of such com- pany, person or corporation may be so impaired, restricted or limited ; and, (b) prescribe the terms and conditions under which goods may be collected, received, cared for or handled for the purpose of sending, carrying or transporting them by express, or under which goods may be sent, carried, trans- ported or delivered by express by any such company, person or corporation. 6 E. VII. , c. 42, s. 27. 354. Every company and every person and corporation charging express tolls shall make to the Board an annual return of its capital, business and working expenditure, and such other information and particulars, including a statement of un- claimed goods, as the Board directs. 2. Such return shall be made in such form, covering such period, and at such time, and shall be published in such manner, as the Board from time to time directs. 6 E. VII., c. 42, s. 27. Telephone Tolls. Approval of 355. Notwithstanding anything in any Act heretofore or tolls! ° hereafter passed by Parliament, all telephone tolls to be charged by the company shall be subject to the approval of the Board. 6 E. VII., c. 42, s. 30. to ai be °filed lls 356# The Company shall file with the Board tariffs of the with Board, telephone tolls to be charged, and such tariffs shall be in such form, size and style and give such information, particulars and details as the Board, from time to time, by regulation, or in any particular case, prescribes, and the company shall not charge, and shall not be entitled to charge, any telephone toll in respect of which there is default in such filing, or which is disallowed by the Board : Provided that any company, previous to the thirteenth day of July, one thousand nine hundred and six, charging telephone tolls may, without such filing and ap- proval, for a period of four months after the said date, or for such further period as the Board allows, charge such telephone tolls as such company was immediately previous to the said date authorized by law to charge. 2. Such telephone tariffs may be dealt with by the Board in the same manner as is provided by this Act, with respect to standard freight tariffs ; and all the provisions of this Act, except as to publication under section three hundred and thirty- nine, applicable to the company with respect to standard freight tariffs and tolls chargeable thereunder, shall, in so far as they are applicable and not inconsistent with this Act, apply to the company with respect to such telephone tariffs and telephone 606 tolls R.S., 1006. Proviso. Tariffs, how to be dealt with. I Railways. Chap. 37. 115 tolls chargeable under such telephone tariffs. 6 E. VII c 42 s. 30. 357. The Board may, by regulation or otherwise, determine Publicity and prescribe the manner and form in which any tariff or tariffs of telephone of telephone tolls shall be published or kept open for public toUs ' inspection. 6 E. VIL, c. 42, s. 33. 358. Whenever any province, municipality, or corporation, Board may having authority to construct and operate, or to operate, a tele- j££ er h phone system or line and to charge telephone tolls, is desirous company of using any long distance telephone service or long distance connectio line owned, controlled, or operated by any company, upon with which service or line the company is authorized to charge tele- SiL^fl-* 1 i j. ii • i iii teiepnone pnone toils, in order to connect such telephone system, service system, or line with the telephone system, service or line operated or to be operated by such province, municipality, or corporation for the purpose of obtaining direct communication, whenever required, between any telephone or telephone exchange on the one telephone system, service or line and any telephone or tele- phone exchange on the other telephone system, service or line, and cannot agree with such company with respect to obtaining such connection or communication, or such use, such province, municipality or corporation may apply to the Board for relief, and the Board may order such company to provide for such connection or communication, or such use, upon such terms as to compensation as the Board deems just and expedient, and may order and direct how, when, where, by whom, and upon what terms and conditions such connection or communication, or such use, shall be had, constructed, installed, operated, and maintained. 2. Upon any such application the Board shall, in addition to Board shall any other consideration affecting the case, take into consider- c £ n8 j de *j f ation the standards as to efficiency and otherwise of the appar- efficiency, atus and appliances of such telephone systems or lines, and shall only grant the leave applied for in case and in so far as, in view of such standards, the connection or communication or use applied for can, in the opinion of the Board, be made or exercised satisfactorily and without undue or unreasonable injury to or interference with the telephone business of such company. 6 E. VIL, c. 42, s. 31. 359. Where the telephone system or line operated by the Provisions company is connected or used in communication with the tele- ^ f ^ s - tl phone system or line opera tod by another such company or by respect to any province, municipality or corporation, whether the authority g™* *■"** of such province, municipality or corporation to construct and operate or to operate such telephone system or line is derived from the Parliament of Canada or otherwise, and whether such connection or communication has been previously or is here- 607 after R.S., 1906. 116 Chap. 37. Railways. after established either by agreement of the parties or under an order of the Board, the provisions of this Act with respect to joint tariffs, in so far as they are applicable and not incon- sistent with this Act, shall apply to such company or companies and to such province, municipality or corporation. Board to -• The Board shall have, for the enforcement of its orders in enforce this respect, in addition to all other powers possessed by it therefor, the power to order a discontinuance of such connection or communication between such different telephone systems or lines. 6 E. VII., c. 42, s. 32. Agreements 360. All contracts, agreements and arrangements between telephone the company and any other such company, or any province, companies municipality or corporation having authority to construct and and mumci- r j c d t/ palities to be operate or to operate a telephone system or line, whether such Bonrd Ved by authority i s derived from the Parliament x>£ Canada or other- wise for the regulation and interchange of telephone messages" or service passing to and from their respective telephone systems and lines, or for the division or apportionment of telephone tolls, or generally in relation to the management, working, or operation of their respective telephone systems or Ikies, or any of them, or any part thereof, or of any other systems or lines operated in connection with them or either of them, shall be subject to the approval of the Board; and shall be submitted to and approved by the Board before such contract, agreement or arrangement shall have any force or effect. 6 E. VII., c. 42, s. 34. AGREEMENTS. Amalgamation Agreements. Agreement 361. Where the company is authorized, by any Special o° r a1nluga eaSe -^ c * °^ the Parliament of Canada to enter into an agreement mation of with any other company for selling, conveying or leasing railway. to ^^ com p a ny the railway and undertaking of the com- pany, in whole or in part, or for purchasing or leasing from such company the railway and undertaking of such company, in whole or in part, or for amalgamation, such agreement shall Approval of be first approved by two-thirds of the votes of the shareholders shareholders. Q £ eac ^ com p an y 5 party thereto, at an annual general meeting, or at a special general meeting, of each company, called for the purpose of considering such agreement, at each of which meetings shareholders representing at least two-thirds in value of the capital stock of each company are present or represented by proxy. Board to 2. Upon such agreement being so approved, and duly exe- =ancticm end CTltccl if sna11 he submitted to the Board with an application for a recommendation to the Governor in Council for the sanction thereof. 608 3. R.S., 1906. Railways. Chap. 37. 117 3. Notice of the proposed application for such recommenda- Notice in tion shall be published in the Canada Gazette for at least g"""/'® one month prior to the time, to be stated therein, for the mak- ing of such application, and also, unless the Board otherwise orders, for a like period in one newspaper in each of the counties or electoral districts through which the railway to be sold, leased or amalgamated, runs, in which a newspaper is published. 4. Upon such notice being given the Board shall grant or re- Action of fuse such application, and upon granting the same shall make a B° ar d. recommendation to the Governor in Council for the sanction of such agreement. 5. Upon such agreement being sanctioned by the Governor Proceedings in Council, a duplicate original of such agreement shall be filed u P on sanc_ in the office of the Secretary of State of Canada; and there- upon such agreement shall come into force and effect, and Notice. notice thereof shall be forthwith given in the Canada Gazette. 6. The production of the Canada Gazette containing such Evidence of o notice notice shall be prima facie evidence of the requirements of this section being complied with. 3 E. VII., c. 58, s. 281. 362. Upon any agreement for amalgamation coming into Amalgama- effect, as provided in the last preceding section, the companies, t,on - parties to such agreement, shall, subject to the provisions of this Act and the Special Act authorizing such agreement to be entered into, be deemed to be amalgamated, and shall form one company, under the name, and upon the terms and conditions in such agreement provided ; and the amalgamated company shall possess and be vested with all the railways and undertakings, Powers, etc., and all other the powers, rights, privileges, franchises, assets, j^feTcorr- effects, and properties, real, personal and mixed, belonging to, pany. possessed by, or vested in the companies, parties to such agreement, or to which they, or any or either of them, may be or become entitled ; and shall be liable for all claims, demands, rights, securities, causes of action, complaints, debts, obliga- tions, works, contracts, agreements, or duties, to as full an extent as any or either of such companies was, at or before the time when the amalgamation agreement came into effect. 3 E. VII., c. 58, s. 282. 363. Notwithstanding anything in any agreement made Saving of or sanctioned under the provisions of the last two preceding g{f^ sections, every act, matter or thing, done, effected or confirmed under or by virtue of this Act or the Special Act, before the date of the coming into effect of such agreement, shall be as valid as if such agreement had never come into effect ; and such agreement shall be subject and without prejudice to every such act, matter or thing, and to all rights, liabilities, claims and demands, present or future, which would be incident to, or con- sequent upon such act, matter or thing if such agreement had never come into effect. 39 609 2. R.S., 1906. 118 Chap. 37. Railways. Am tl mated com- pany in place of former com- I 2. In the case of an agreement for amalgamation, as to all acts, matters and things so done, effected or confirmed, and as to all such rights, liabilities, claims and demands, the amalga- mated company shall for all purposes stand in the place of and represent the companies who are parties thereto, and the gen- erality of the provisions of this section shall not be deemed to bo restricted by any Special Act, unless this section is expressly referred to in such Special Act, and expressly limited or restricted thereby. 3 E. VIL, c. 58, s. 283. Directors may make traffic agree- ments. And agree- ments lor Running powers. Division of tolls. Management and working Joint com- mittee. Conditions. Proviso. Board may exempt from conditions. Saving. Traffic Agreements. 364. The directors may, at any time, make and enter into any agreement or arrangement, not inconsistent with the provi- sions of this or the Special Act, with any other company, either in Canada or elsewhere, for the interchange of traffic between their railways or vessels, and for the division and apportion- ment of tolls in respect of such traffic. 2. The directors may also make and enter into any agree- ment or arrangements, not inconsistent with the provisions of this or the Special Act, for any term not exceeding twenty-one years, — (a) for the running of the trains of one company over the tracks of another company; (b) for the division and apportionment of tolls in respect of such traffic; (c) generally in relation to the management and working of the railways, or any of them, or any part thereof, and of any railway or railways in connection therewith; and, (d) to provide, either by proxy or otherwise, for the appoint- ment of a joint committee for the better carrying into effect of any such agreement or arrangement, with such powers and functions as are considered necessary or expedient ; subject to the like consent of the shareholders, the sanction of the Governor in Council upon the recommendation of the Board, application, notices and filing, as hereinbefore provided with respect to amalgamation agreements : Provided that publication of notices in the Canada Gazette shall be sufficient notice, and that the duplicate original of such agreement or arrangement shall, upon being sanctioned, be filed with the Board. 3. The Board may, notwithstanding anything in this section, by order or regulation, exempt the company from complying with any of the foregoing conditions, with respect to any such agreement or arrangement made or entered into by the com- pany for the transaction of the usual and ordinary business of the company, and where such consent of the shareholders is deemed by the Hoard to be unnecessary. 4. Neither the making of any such arrangement or agree- ment, nor anything therein contained, nor any approval thereof, shall restrict, limit, or affect any power by this Act vested in 610 E.S., 1906. the I Railways. Chap. 37. 119 the Board, or relieve the companies from complying with the provisions of this Act. 3 E. VIL, c. 58, s. 284. INSOLVENT COMPANIES. 365. Where a company is unable to meet its engagements Scheme may with its creditors, the directors may prepare a scheme of k p ? Ie<1 in I^xcncoiid" arrangement between the company and its creditors, and may Court, file it in the Exchequer Court. 2. Such scheme of arrangement may or may not include pro- May affect visions for settling and defining any rights of shareholders of shareholder,; the company as among themselves, and for the raising if neces- ' sary of additional share and loan capital. 3. There shall be filed with such scheme of arrangement, — (a) a declaration in writing under the common seal of the Declaration company to the effect that the company is unable to meet to be flle(1- its engagements with its creditors ; and, (b) an affidavit made by the president and directors of the Affidavit. company, or by a majority of them, that such declaration is true to the best of their respective judgments and beliefs. 4. After the filing of the scheme, the Exchequer Court may. Court may on the application of the company, on summons or motion in a restrain summary way, restrain any action against the company on such terms as the Exchequer Court thinks fit. 5. Notice of the filing of the scheme shall be published in N .. , the Canada Gazette. filing. 6. After such publication of notice, no execution, attachment, jr execut i on or other process against the property of the company shall be without available without leave of the Exchequer Court, to be obtained on summons or motion in a summary way. 3 E. VII., c. 58, s. 285. 366. The scheme shall be deemed to be assented to, — Assent to (a) by the holders of mortgages or bonds issued under the scheme - authority of this or any Special Act relating to the com- holder" pany, when it is assented to in writing by three-fourths in value of the holders of such mortgages or bonds ; (b) by the holders of debenture stock of the company, when By deben- it is assented to in writing by three-fourths in value of the ture nolde1 ' 3 - holders of such stock ; (c) by the holders of any rent charge, or other payment. By charge charged on the receipts of or payable by the company in 1 "' 1,1 "' < consideration of the purchase of the undertaking of another company, when it is assented to in writing by three fourths in value of such holders ; (d) by the guaranl 1 or preference shareholders of the Bv prefer- company, when it is assented to in writing by three-fourths GW . e Bnare " in value of such shareholders, if there is only one class of such shareholders, or three fourths in value of each class, if there are more classes of such shareholders than one; and, 39^ 611 (e) R.S., 1906. 120 Chap. 37, Railways. By ordinary shareholders. • Assent of leasing company. Bondholders. Preference shareholders. Ordinary shareholder. No assent required from class not inter- ested. Application for confirm- ation of scheme. Notice of application. Confirmation of court. Enrolment in court. Notice thereof. Rules of practice. (e) by the ordinary shareholders of the company, when it is assented to by a special meeting of the company called for that purpose. 2. Where the company is lessee of a railway, the scheme shall be deemed to be assented to by the leasing company when it is assented to, — (a) in writing, by three-fourths in value of the holders of mortgages, bonds and debenture stock of the leasing com- pany ; (b) in writing, by three-fourths in value of the guaranteed or preference shareholders of the leasing company, if there is only one such class, and by three-fourths in value of each class, if there are more classes than one of such share- holders; and, (c) by the ordinary shareholders of the leasing company, at a special meeting of that company called for that pur- pose. 3. The assent to the scheme of any class of holders of mort- gages, bonds or debenture stock, or of any class of holders of a rent charge or other payment as aforesaid, or of any class of guaranteed or preference shareholders, or of a leasing company, shall not be requisite in case the scheme does not prejudicially affect any right or interest of such class or company. 3 E. VII., c. 58, s.*286. 367. If, at any time within three months after the filing of the scheme, or within such extended time as the Exchequer Court, from time to time, thinks fit to allow, the directors of the company consider the scheme to be assented to, as by this Act required, they may apply to the Exchequer Court by petition in a summary way for confirmation of the scheme. 2. Notice of any such application shall be published in the Canada Gazette. 3. The Court, after hearing the directors, and any creditors, shareholders or other persons whom it thinks entitled to be heard on the application, may confirm the scheme, if satisfied that the scheme has been assented to, as required by this Act, within three months after the filing of it, or within such ex- tended time, if any, as the court has allowed, and that no suffi- cient objection to the scheme has been established. 4. The scheme when confirmed shall be enrolled in the Exchequer Court, and thenceforth it shall be binding and effec- tual to all intents, and the provisions thereof shall, against and in favour of the company and all persons assenting thereto or bound thereby, have the like effect as if they had been enacted by Parliament. 5. Notice of the confirmation and enrolment of the scheme shall be published in the Canada Gazette. 3 E. VII., c. 58, s. 287. 368. The Judge of the Exchequer Court may make general rules for the regulation of the practice and procedure of the 612 Court R.S.,1906. Railways. Chap. 37. 121 Court under the three last preceding sections of this Act, which rules shall have force and effect when they are approved by the Governor in Council. 3 E. VII., c. 58, s. 289. 369. The companv shall at all times keep at its principal Copies of the i i m • i • ft i l a 3 j scheme to be or head office printed copies oi the scheme when confirmed and kept for sale, enrolled, and shall sell such copies to all persons desiring to buy them at a reasonable price, not exceeding ten cents for each copy. 3 E. VII., c. 58, s. 288. STATISTICS AND RETURNS. S^O. Every company shall annually prepare returns in Annual accordance with the forms contained in schedule one to this Act, ^"urns of its capital, traffic and working expenditure, and of all in- formation required, as indicated in the said forms, to be furnished to the Minister. 2. Such returns shall be dated and signed by and attested Attestation. upon the oath of the secretary, or some other chief officer of the company, and shall also be attested upon the oath of the presi- dent, or in his absence, of the vice-president or manager of the company. 3. Such returns shall be made for the period beginning from Period the date to which the then last yearly returns made by the com- 1T1oluded - pany extended, or, if no such returns have been previously made, from the commencement of the operation of the railway, and ending with the last day of June in the then current year. 4. A duplicate copy of such returns, dated, signed and Duplicate attested in manner aforesaid, shall be forwarded by such com- pany to the Minister within one month after the first day of July in each year. 5. The Minister may, from time to time, change or vary the Minister may forms in the said schedule one contained, or may substitute { ^ e other forms in lieu thereof, and, upon any such change, varia- tion or substitution being so made, the company shall, in the manner hereinbefore provided, prepare, make and forward returns accordingly ; and the company shall also, at all times, Company give such information to the Minister as the Minister may, from information, time to time', require for statistical purposes. 6. The Minister shall lay before both Houses of Parliament, Returns to within twenty-one days from the commencement of each session t * p^^ thereof, the returns made and forwarded to him in pursuance ment. of this section. 3 E. VII., c. 58, s. 303 ; 6 E. VII., c. 42, s. 26. 371. Every company shall prepare returns of its traffic Traffic weekly, that is to say, from the first to the seventh of the month ^l"^"^ inclusive, from the eighth to the fourteenth inclusive, from the fifteenth to the twenty-first inclusive, and from the twenty- second to the close of the month inclusive. 2. Such returns -shall be in accordance with the form con- Form, tained in schedule two to this Act. 613 3. E.S., 1906. 122 Chap. 37. Railways. Copy to Minister. Extension of time. Semi-annual returns of accidents Showing ( lauses and nature. Locality and time. Extent and particulars. Cones of by-laws. Form. Minister may require further returns as to accidentd. Returns privileged. Exception. 3. A copy of such returns, signed by the officer of the company responsible for the correctness of such returns, shall be forwarded by the company to the Minister, within seven days from the day to which the said returns have been prepared. 4. The Minister may in any case extend the time within which such returns shall be forwarded. 3 E. VII., c. 58, s. 304. 372. Every company shall, within one month after the first days of January and July, in each and every year, make to the Minister, under the oath of the president, secretary or superin- tendent of the company, a true and particular return of all accidents and casualties, whether to life or property, which have occurred on the railway of the company during the half year next preceding each of the said periods respectively, setting forth, — , (a) the causes and natures of such accidents and casualties; (b) the points at which they occurred, and whether by night or by day; and, (c) the full extent thereof, and all the particulars of the same. 2. Such company shall also, when required by the Minister, return a true copy of the existing by-laws of the company, and of its rules and regulations for the management of the company and of its railway. 3. The Minister may order and direct, from time to time, the form in which such returns shall be made up. 3 E. VII., c. 58, ss. 305 and 306. 373. The Minister may order and direct any company to make up ar.d deliver to the Minister, from time to time, in addi- tion to the said periodical returns, returns of serious accidents occurring in the course of the public traffic upon the railway belonging to such company, whether attended with personal injury or not, in such form and manner as the Minister deems necessary and requires fortius information with a view to public safety. 3 E. VII., c. 58,' s. 306. 374. All returns made in pursuance of any of the provisions of the four sections of this Act last preceding shall be privileged communications, and shall not be evidence in any court whatso- ever, except in any nrosecution for, — (a) default in making such returns in accordance with the requirements of this Act ; (b) perjury in making anv oath required by this Act in connection with such returns ; ( c) forgery of any such return ; or, (d) signing any such return knowing the same to be false. 3 E. VII., c. 58, s. 308. 375. The Board may from time to time, by notice served Board may returns. upon the company, or anv officer, servant or agent of the com- 614 pany, R.S., 1906. Railways. Chap. 37. 123 pany, require it, or such officer, servant or agent to furnish the Board, at or within any time stated in such notice, a written statement or statements showing' in so far, and with such detail and particulars, as the Board requires, — (a) the assets and liabilities of the company; Assets and (b) the amount of its stock issued and outstanding, and the gt oc k. date at which any such stock was so issued; (c) the amount and nature of the consideration received by Considera- the company for such issue, and, in case the whole of such stock. ' consideration was not paid to the company in cash, the nature of the service rendered to or property received by the company for which any stock was issued ; (<] ) the gross earnings or receipts or expenditure by the com- Earnings and pany during any periods specified by the Board, and the expenditures. purposes for which such expenditure was made; (e) the amount and nature of any bonus, gift, or subsidy, Bonuses and received by the company from any source whatsoever, and subsidies - the source from which, and the time when, and the circum- stances under which, the same was so received or given ; (f) the bonds issued at any time by the company, and what Bonds, portion of the same are outstanding and what portion, if any, have been redeemed ; (g) the amount and nature of the consideration received by Idem. the company for the issue of such bonds ; (It) the character- and extent of any liabilities outstanding, Liabilities, chargeable upon the property or undertaking of the com- pany, or any part thereof, and the consideration received by the company for any such liabilities, and the circum- stances under which the same were created; (i) the cost of construction of the company's railway or of Cost of . 17 , ,. j, r «/ ./ construction. any part thereof ; (j) the amount and nature of the consideration paid or given Cost of by the company for anv property acquired by it ; (h) the particulars of any lease, contract or arrangement Leases and entered into between the company and any other company or person ; and, (I) generally, the extent, nature, value and particulars of the Generally. property, earnings and business of the company. 2. The Board may summon, require the attendance of and Board may examine under oath, any officer, servant or agent of the com- attendance pany, or any other person, as to any matters included in such a ! Rl P*°duc- return, or which were required by notice aforesaid to be returned to the Board, and as to anv matter or thing which, in the opinion of the Board, is relevant to such return, or to any inquiry which the Board deems it expedient to make in connection with any of the matters in this section aforesaid ; and for such purposes may require the production to tlie Board of any books or docu- ments in control of the company, or such officer, servant, agent or person. 8. Any information furnished to the Board by any such re- Information turn, or any evidence taken by the Board in connection there- y l 07L T& ° t [] v 615 with, ' E.S., 1906, 124 Chap. 37. Railways. And Gov- ernor in Council. with, shall not he open to the public, or published, but shall be for the information of the Board only. I. The Governor in Council may nevertheless require the Board to communicate to him in Council any or all information obtained by it in manner aforesaid. Board may 5. The Board may authorize any part of such information mation pub- to be made public when, and in so far as there may appear to lie on notice the Board to be good and sufficient reasons for so doing: Pro- to company. • •,-,, .„■,.» . t 1 1 -li* t. vided that if the information so proposed to be made public by the Board, is of such character that the company would, in the opinion of the Board, be likely to object to the publication thereof, the Board shall not authorize such information to be published without notice to the company and hearing any objec- tion which the company may make to such publication. 3 E. VII., c. 58, s. 309. Company not to purchase. Penalty. Separate offences. Recovery and applica- tion. OFFENCES, PENALTIES AND DAMAGES. Purchase of Railway Securities. 376. Every director of a railway company who knowingly permits the funds of any such company to be applied either directly or indirectly in the purchase of its own stock, or in the acquisition of any shares, bonds or other securities issued by any other railway company in Canada, or in the purchase or acqui- sition of any interest in any such stock, shares, bonds or other securities, contrary to the provisions of this Act, shall incur a penalty of one thousand dollars for each such violation. 2. The acquisition of each share, bond or other security or interest as aforesaid shall be deemed a separate violation of this section. 3. Such penalty shall be recoverable on information filed in the name of the Attorney General of Canada, and a moiety thereof shall belong to His Majesty, and the other moiety there- of shall belong to the informer. 3 E. VIL, c. 58, s. 290. Registrar of deeds neglecting his duty. Receiving and pre- serving docu ments. Endorse- ments. Conies. Certificates. R.S., 1906. Filing and Registry. 377. Every registrar of deeds with whom it is by this Act required that any plan, profile, book of reference, certified copy thereof, or other document relating to the location or construc- tion of any railway shall be deposited, who refuses or neglects, — (a) to receive and preserve in his office all such plans, pro- files, books of reference, certified copies thereof, and other documents duly tendered to him for such deposit; or, (b) to endorse thereon the day, hour and minute when the same were so deposited ; or, ( c) to allow any person to make extracts therefrom and copies thereof as occasion requires, upon payment of the fees in that behalf by this Act prescribed ; or, (d) to certify, at the request of any person, in the manner and with the particulars by this Act required, copies of any 616 such Railways. Chap. 37. 125 such plan, profile, book of reference or document, or such portions thereof as may be required, upon being paid therefor at the rate provided by this Act ; shall be liable on summary conviction to a penalty of ten dollars, Penalty. and also to an action for damages at the suit of any person injured by any such refusal or neglect. 3 E. VII., c. 58, s. 127. 378. Every company which fails or neglects, within six Company months after the completion of the undertaking, or within six ^ e glectlng l ' months after beginning to operate any completed part of the railway, as the case may be, or within such extended or renewed period as the Board at any time directs, — (a) to file with the Board a plan and profile of its completed £ ro £j* nd railway, or of any such part thereof as is completed and in operation, and of the land taken or obtained for the use thereof; or, (b) to file in the registry offices for the respective districts Plans of and counties, in which the parts of such railway so com- pleted, or completed and in operation, are situate, plans of the parts thereof and of the land taken or obtained for the use thereof, located in such districts and counties respec- tively, prepared on such a scale and in such manner, and form, and signed or authenticated in such manner, as the Board may from time to time by general regulation, or in any individual case, sanction or require; shall incur a penalty of two hundred dollars, and a like penalty Penalty. for each and every month during which such failure or neglect continues. 3 E. VII., c. 58, s. 128. Construction and Repairs. 379. Every company which fails or neglects to comply with Failing to any direction of the Governor in Council, given upon the report directions' of the Board, requirinc; such companv within such time as the as lo i . con ' , Governor in Council directs, to construct fixed and permanent bridges. bridges, or swing, draw or movable bridges, or to substitute any of such bridges for bridges existing on the line of the company's railway, shall, for every day after the expiration of the period so fixed, during which the company fails or neglects to comply with such direction, forfeit and pay to His Majesty the sum of Penalty, two hundred dollars. 3 E. VII., c. 58, s. 183. 380. Every company which, except as authorized by Special Improper use Act of the Parliament of Canada, or amendment thereof, passed of hl £ nwav3 - previously to the twelfth day of March, one thousand nine hundred and three, — (a) carries its railway or causes or permits the Bame to be carried upon, along or across an existing highway without having first obtained leave therefor from the Board; or, 617 (b) R.S., 1906. 126 Chap. 37. Railways. Penalty, (b) obstructs any such highway by its works before turning the highway so as to leave an open and good passage for carriages ; or, (c) on completion of the works fails or neglects to restore the highway to as good a condition, as nearly as possible, as it originally had ; shall incur a penalty of not less than forty dollars for each such offence. 3 E. VIL, c. 58, s. 184. Failure to erect sign- boards at crossings. Fenalty. 381. Every company which fails or neglects to erect and maintain, at each crossing where a highway is crossed at rail level by the railway of the company, a signboard having the words Railway Crossing painted on each side thereof, in letters at least six inches in length, and, in the province of Quebec, in both the English and French languages, shall incur a penalty not exceeding forty dollars. 3 E. VIL, c. 58, s. 191. Structures not com ply- ing with this Act. Idem. Penalty. Proviso. Noncom- pliance with order of Board. Works. R.S., 1906. 382. (a) If any bridge, tunnel or other erection or struc- ture over, through or under which any railway passes is not so constructed, or reconstructed or altered, within such time as the Board may order, and thereafter so maintained, as to afford at all times an open and clear headway of at least seven feet between the top of the highest freight car used on the railway, and the lowest beams, members or portions of that part of such bridge, tunnel, erection or structure, which is directly over the space liable to be traversed by such car in passing, thereunder ; or, (b) If, except by leave of the Board, the space between the rail level and such beams, members, or portions of any such structure, constructed after the first day of February, one thousand nine hundred and four, is in any case less than twenty-two feet six inches ; the company or owner so constructing shall incur a penalty not exceeding fifty dollars, for each day during which such company or owner wilfully refuses, neglects or omits to comply with the requirements of this Act, as to construction, recon- struction, alteration or maintenance, in this section mentioned: Provided that nothing in this section shall apply to any bridge, tunnel, erection or structure over, through or under which no trains except such as are equipped with air brakes are run, exempted by the Board from such requirements. 3 E. VIL, c. 58, s. 202. 383. If any company refuses or neglects to comply with any order of the Board, made upon the report of the inspecting engineer, under the authority of this Act, — (a) directing any repairs, renewals, reconstruction, altera- tion or new work, material or equipment to be made, done or furnished by the company upon, in addition to, or in substitution for any portion of the railway; or, 618 (b) 1 Railways. Chap. 37. 127 (b) directing' that, until such repairs, renewals, reconsitruc- Operation, tion, alteration and work, materials or equipment are made, done and furnished to the satisfaction of the Board, no portion of the railwav in respect of which such order is made shall be used, or used otherwise than subject to cer- tain restrictions, conditions and terms by such order imposed ; or, (c) condemning- and forbidding further use of any rolling Rolling stock, stock therein specified ; the company shall for each such refusal or neglect forfeit to Penalty. His Majesty the sum of two thousand dollars. 2. Any person wilfully and knowingly aiding or abetting Aiding or any such disobedience or non-compliance shall be liable there- aljettin "- for, upon conviction, to a penalty of not less than twenty dollars, and not more than two hundred dollars. 3. ]STo prosecution for any penalty under this section shall be No prosecu- instituted without the authority of the Board first obtained. ^° n . e ^ f lthout 3 E. VII., c. 58, ss. 208 and 210. Board° Operation. 384. If any railway or portion thereof is opened for the Opening road carriage of traffic, other than for the purposes of the construe- ^" ithou t tion of the railway by the company, until leave therefor lias been Board? obtained from the Board as hereinbefore provided, the company or person to whom such railway belongs, shall forfeit to His Penalty. Majesty the sum of two hundred dollars for each day on which the railway is or continues open without such leave. 3 E. VII., c. 58, s. 207. 385. If any company refuses or neglects to comply with any x- . : „' . ° . l J J JNon-com- notice in writing ot any inspecting engineer, given under the pliance with authority of this Act, and duly served upon the company, for- "°g- n e ee ° r f bidding the running of any train over the railway of the coin- forbidding pany, or any portion thereof, or requiring that trains be run ritEaE™ 8 only at such times, under such conditions and with such pre- cautions as specified in such notice, or forbidding the running or using of any rolling stock specified in the notice, such com- pany shall forfeit to His Majesty the sum of two thousand Penalty dollars. 3 E. VII., c. 58, s. 209. ' 386. Every company required by this Act, — (a) to provide and cause to be used on its trains modern and Failure of efficient apparatus, appliances and means, or any appara ^"properls tus, appliances and means in this Act specified, for the pro- equip its viding of communication between the conductor and the trains - engine driver, or for the checking of the speed of any train or the bringing of the same expeditiously to a standstill, or for the secure coupling and connecting of the cars and the engine composing the train ; or, (b) to equip its box freight cars, for the security of its em- ployees, with outside ladders and hand -rip- ; or, if the 619 Board R.S., 1906. 128 Chap. 37. Railways. Board so requires, with any other improved side attach- ment required by the Board, or to adopt and use upon its rolling stock draw bars of a height determined by the Board ; which fails to comply with any requirement of this Act in that behalf shall forfeit to His Majesty a sum not exceeding two Penalty. hundred dollars for every day during which such default continues. Daman 2. Every such company shall also be liable to pay to all such persons as are injured by reason of the non-compliance with such requirements, or to their representatives, such damages as they are legally entitled to, notwithstanding any agreement to the contrary with regard to any such person, unless such agree- ment is authorized by the law of the province in which it is made, and by regulation of the Board. 3 E. VII., c. 58, s. 211. Freight car in rear of passenger car. Penalty. Refusing to check bag- gage. Penalty 387. Every officer or employee of any company who directs or knowingly permits any freight, merchandise or lumber car to be placed in any passenger train, in the rear of any passenger car in which any passenger is carried, is guilty of an indictable offence. 3 E. VII., c. 58, s. 219. 38S. If any company improperly refuses upon demand to affix a check to any parcel of baggage, having a handle, loop or suitable means for attaching a check thereupon, delivered by a passenger to the company for transport, or to deliver a duplicate of such check to such passenger, the company shall be liable to such passenger for the sum of eight dollars recoverable in a civil action. 3 E. VII., c. 58, s. 220. Penalty for not stopping at swing bridges. Board may permit. 389. A company shall be liable to a penalty not exceeding four hundred dollars if, when the railway passes over any navi- gable water or canal by means of a draw or swing bridge which is subject to be opened for navigation, any train of the company upon such railway is not brought to a full stop before coming on or crossing over such bridge, or if such train thereafter pro- ceeds before a proper signal has been given for that purpose. 2. This section shall not apply in the case of any bridge over which, by order of the Board under the authority of this Act, enii'ines and trains are permitted to pass without stopping. 3 E. VII., c. 58, s. 223. Employee of company failing to comply. Penalty. 390. Every employee of the company who fails to comply with the rules of the company made for carrying into effect the provisions of this Act with regard to the stopping of trains before crossing any such draw or swing bridge, or for prevent- ing such trains from proceeding over any such bridge before a proper signal has been given for that purpose, shall be liable to a penalty not exceeding four hundred dollars, or to six months' imprisonment, or to both. 3 E. VII., c. 58, s. 223. 620 391. R.S., 1906. Railways. Chap. 37. 129 391. The company shall incur a penalty of eight dollars if, Penalty for when any train of the company is approaching; a highway cross- ai ure ing at rail level, — (a) the engine whistle is not sounded at least eighty rods To sound before reaching such crossing ; and, whistle. (b) the bell is not rung continuously from the time of the Or ring bell. sounding of the whistle until the engine has crossed the highway. 2. The company shall also be liable for all damage sustained Damages. by any person by reason of any failure or neglect to so sound the whistle or ring the bell. 3. This section shall not apply to trains approaching such Exception, crossings within the limits of cities or towns where municipal by-laws are in force prohibiting such sounding of the whistle and ringing of the bell. 3 E. VII., c. 58, s. 224. 392. Every employee of the company whose duty it is to Employee sound the whistle or ring the bell at any such highway crossing, sound^beV who neglects to perform such duty as required by this Act, shall or whistle. for each offence incur a penalty of eight dollars. 3 E. VII., Penalty. c. 58, s. 224. 393. The company shall incur a penalty of one hundred Penalty for dollars if, — (a) any train or engine of the company passes over any Crossing crossing where two main lines of railway, or the main tracks ,evel railway of any branch lines, cross each other at rail level, whether Avithout they are owned by different companies or by the same com- Slgna ' pany, before a proper signal has been received by the con- ductor or engineer in charge of such train or engine, from a competent person or watchman in charge of such crossing, that the way is clear; or, (b) any train of the company, before it passes over any such Train not crossing, is not brought to a full stop, unless engines and s ' trains are, by order of the Board under the authority of this Act, permitted to pass over such crossing without stopping; or, (c) any train of the company passes in or through any Excessive thickly peopled portion of any city, town or village at a speed - speed greater than ten miles an hour, unless the track is fenced or properly protected in the manner prescribed by this Act, or unless permission to pass at greater speed is given by some regulation or order of the Board ; or, (d) whenever in any city, town or village any train of the Moving company is allowed to pass over or along a highway at re . N ,e rs eJy rail level, not headed by an engine moving forward in the warning, ordinary manner, the company does not station on that part of the train, or of the tender if the tender is in front, which is then foremost, a person who shall warn persons standing on or crossing or about to cross the track of such railway. 621 2. R.S., 1906. 130 Chap. 37. Railwayi Electric rail- way com- panies < Crossing at rail level without signal from watchman. Or from conductor if no watch- man. Not stopping Obstructing highway. Penalty. Blackboard. Notice of overdue trains. Idem. 2. Every company opera ti ng an electric street railway shall incur a penalty of one hundred dollars if, — (a) any electric car of such company passes over any cross- ing, whore its line of railway crosses any line of railway subject to the provisions of this Act, at rail level, before a proper signal lias been received by the conductor in charge of such electric car, from a competent person or watchman in charge of such crossing, that the way is clear ; or, (b) if there is no competent person or watchman in charge of such crossing, the conductor, before crossing the same, does not go forward and see that the track to be crossed is clear, before giving the signal to the motor-man that the way is clear and to uroceed ; or, ( c) any such electric car, before it passes over such crossing, is not brought to a full stop, unless electric cars are by order of the Board under the authority of this Act per- mitted to pass over such crossing without stopping. 3 E. VII., c. 58, s. 228. 394. Whenever at any highway crossing at rail level any engine, tender or car, or any part thereof, is wilfully allowed by the company, its officers, agents or employees to stand on any part of such highway for a longer period than five minutes at one time, or, in shunting, to obstruct public traffic for a longer period than five minutes at one time, every officer, agent or employee of the company, who has directly under or subject to his control, management or direction any such engine, tender or car, shall be liable on summary conviction to a penalty not exceeding fifty dollars, and the company shall also be liable to a like penalty: Provided that, if the offence is in the opinion of the court excusable, the prosecution for the penalty may be dismissed and the costs shall be in the discretion of the court. 3 E. VII., c. 58, s. 229. 395. (a) If any company upon whose railway there is a telegraph line in operation wilfully neglects, omits or re- fuses to have a blackboard put upon the outside of the station house over the platform of the station, in some con- spicuous place, at each station of sneh company in which there is a telegraph office: or, (b ) if when any passenger train is overdue at any such sta- tion according to the time-fable of sneh company, the station agent, or person in charge at such station, wilfully neglects, omits or refuses to write or cause to be written in white chalk on such blackboard a notice, in English and Erench in the province of Quebec, and in English in the other provinces, stating to the best of his knowledge and belief the time when such overdue train may be expected to reach such station ; or, (c) if, when there is any further change in the expected time of arrival, such station agent, or person in charge of 622 ' the R.S., 1906. Railways. Chap. 37. 131 the station, wilfully neglects, omits or refuses to write or cause to be written on the blackboard, in like manner, a fresh notice stating to the best of his knowledge and belief the time when such overdue train may then be expected to reach such station ; such company shall be liable, upon summary conviction, to a Penalty, penalty not exceeding five dollars for each such wilful neglect, omission or refusal. 2. Such station agent or person in charge at any such station, Station shall likewise be liable to a penalty not exceeding five dollars y^le* * S ° for every wilful neglect, omission or refusal to write or cause to be written upon such blackboard any of such notices as here- inbefore required. 3 E. VII., c. 53, s. 231. Bridges and Tunnels. 396. Every company which shall erect, operate or maintain i n violation any bridge, approach, tunnel, viaduct, trestle, or any building, of thls AcL erection or structure, in violation of this Act, or of any order or regulation of the Board, shall for each offence incur a penalty Penalty, of fifty dollars. 3 E. VII. , c. 58, s. 293. Tariff and Tolls. 39*7. All goods carried or being carried over any contin- Neglect to uous route, from a point in Canada through a foreign country ^ ij ^ omt into Canada, operated by two or more companies whether Cana- dian or foreign, shall, unless such companies have filed with the Board a joint tariff for such continuous route, be subject upon Goods sub- admission into Canada, to Customs duties, as if such goods were {Customs of foreign production and coming into Canada for the first time, duties. 2. Such goods shall be subject to a Customs duty of thirty 30 per cent, per centum of the value thereof, if they would not be subject to any Customs duty in case they were of foreign production, and coming into Canada for the first time. 3. If any such duty is paid by the consignor or consignee Payable by of such goods, the same shall be repaid on demand to the company, person so paying, by the company or companies owning or operating so much of such continuous line or route as lies within Canada. 3 E. VII., c. 58, ss. 268 and 270. 398. If any company or ;mv director or officer thereof, or Oontraven- any receiver, trustee, lessee, agent or person, acting for or em- J^y" of ployed by such company, either alone or with any other com tolls. p;mv or person, shall, — (a) wilfully do or cause to be done, or willingly suffer to be done, any act, matter or thing, contrary to any order. direction, decision or regulation of the Board made or given under this Act, in respect of tolls; or, (b) wilfully omit or fail to do any act, matter, or tiling thereby required to be done ; or, 623 (c) K.S., 1006. 132 Chan. 37. Railways. Penalty. No prosecu- tion without leave of Board. (c) cause or willingly suffer or permit any act, matter or thing, so directed or required to be done, not to be so done ; or ' (d) contravene any such order, direction, decision or regu- lation, or any of the provisions of this Act, in respect of tolls ; such company, director, officer, receiver, trustee, lessee, agent or person shall for each such offence be liable to a penalty of not more than one thousand dollars, and not less than one hundred dollars. 2. No prosecution shall be had or instituted for any such penalty without the leave of the Board first being obtained. 3 E. VIL, c. 58, s. 279. False billing, etc. Penalty. 399* Any company or any officer or agent thereof, or any person acting for or employed by such company, who, by means of false billing, false classification, false report of weight, or by any other device or means, knowingly, wilfully or willingly suffers or permits any person or persons to obtain transportation for goods at less than the required tolls then authorized and in force on the railway of the company, shall for each offence be liable to a penalty not exceeding one thousand dollars and not less than one hundred dollars. 2. No prosecution shall be had or instituted for any such penalty without the leave of the Board first being obtained. 3 E. VIL, c. 58, s. 279. Idem. Penalty. Further toll. Opening of packages. No prosecu- tion without leave of Board. 400. Any person, or any officer or agent of any incorporated company, who shall deliver goods for transportation to such company, or for whom as consignor or consignee the company shall transport goods, who knowingly or wilfully, by false- billing, false classification, false weighing, false representation of the contents of the package, or false report of weight, or by any other device or means, whether with or without the consent or connivance of the company, its agent or agents, obtains trans- portation for such goods at less than the regular tolls then au- thorized and in force on the railway shall, for each offence, be liable to a penalty not exceeding one thousand dollars and not less than one hundred dollars. 2. The Board may make regulations providing that any such person or company shall, in addition to the regular toll, be liable to pay to the company a further toll not exceeding fifty per centum of the regular charge. 3. The company may, and when ordered by the Board shall, open and examine any package, box, case or shipment, for the purpose of ascertaining whether this section has been violated. 4. No prosecution shall be had or instituted for any such penalty without the leave of the Board first being obtained. 3 E. VIL, c. 58, s. 279. 624 401. E.S., 1906. J Railways. Chap. 37. 133 401. Anv person or company, or any officer or agent of Unjust dis- d " crimination, any company, — (a) who shall offer, grant, or give, or shall solicit, accept or receive any rebate, concession, or discrimination in respect of the transportation of any traffic by the company, where- by any such traffic shall, by any device whatsoever, be transported at a less rate than that named in the tariffs then in force ; or, (b) for whom the company or any of its officers or agents, shall by any such means be induced to transport traffic, and thereby to discriminate unjustly in favour of any such person, company, officer or agent as against any other person or company; or, (c) who shall aid or abet the company in any unjust dis- crimination ; shall for each offence be liable to a penalty not exceeding one Penalty. thousand dollars and not less than one hundred dollars. 2. No prosecution shall be had or instituted for any such No prosecu- penalty without the leave of the Board first being obtained. j eave f 3 E. VII., c. 58, s. 270. - Board. 402. If the company files with the Board any tariff, and Departure such tariff comes into force and is not disallowed by the Board j™".^^ under this Act, or if the company participates in any such tariff, any departure from the tolls in such tariff, while so in force, shall, as against such company, its officers, agents or employees, p ena ] ty be an offence under this Act. 2. Xo prosecution shall be had or instituted in respect of any Xo prosecu- such offence without the leave of the Board first being obtained. i e °" e w f hout 3 E. VII., C. 58, S. 279. Board. 403. Every company which carries or transports, and every carrying by officer or employee thereof who directs or knowingly permits to express with- be carried or transported, any goods by express, — tariff, etc. (a) unless and until the tariff of express tolls therefor or in connection therewith has been submitted to and filed with the Board in the manner required by this Act ; or, (b) in the case of competitive tariffs, unless such tariffs are filed in accordance with the rules and regulations of the Board made in relation thereto ; or, ( c) in any case where such express toll in any tariff has been disallowed by the Board ; shall be liable to a penalty not exceeding one hundred dollars Penalty, for each such offence. 6 E. VII., c. 42, s. 27. 404. Every company shall, in addition to any penalty here- Additional inbefore provided in respect of any infraction by the company, penalty in or any officer, servant or agent of the company, of any order, tolls, direction, decision or regulation made or given by the Board under this Act in respect, of tolls, be liable, at the suit of any 40 625 person R.S., 1906. 134 Chap. 37, Railways. Treble damages. No action without leave of Board. person injured by reason of any such infraction, to three times the amount of the actual damage which such person may be proved to have so sustained. 2. No action shall be commenced fcr the recovery of any such triple damages without the leave of the Board first being obtained. 3 E. VIL, c. 58, s. 279. Obstructing Inspecting Engineers. mission of 405. Every operator or officer employed in any telegraph telegraph office of the company, or under the control of the company, who neglects or refuses to obey, without unnecessary delay, all orders of any inspecting engineer for the transmission of messages shall, for every such offence, be liable on summary conviction to Penalty. a penalty of forty dollars. 3 E. VII., c. 58, s. 206. Obstructing inspecting engineer on duty. Penalty. Leaving gates open. Taking down fences. Turning animals into railway inclosure. Allowing animals to go upon railway. Penalty. Damages to the company. Damages to person injured. 406. Every person who wilfully obstructs any inspecting engineer in the execution of his duties shall be liable on sum- mary conviction to a penaltv not exceeding forty dollars, and, in default of payment thereof forthwith, or within such time as the convicting justice appoints, to imprisonment with or without hard labour for any term not exceeding three months. 3 E. VIL, c. 58, s. 206. Animals. 407. Every person who, — (a) wilfully leaves open any gate on either side of the rail- way, provided for the use of any farm crossing, without some person being at or ne*ar such gate to prevent animals passing through it on to the railway ; or, ( b) not being an officer or employee of the company acting in the discharge of his duty, takes down any part of a railway fence ; or, (c) turns any horse, cattle or other animal upon or within the inclosure of any railway, except for the purpose of and while crossing the railway in charge of some competent person, using all reasonable care and precaution to avoid accidents; or, (d) except as authorized by this Act, without the consent of the company, rides, leads or drives any horse, or other ani- mal, or suffers any such horse or animal to enter upon the railway, and within the fences and guards thereof ; shall, on summary conviction, be liable to a penalty of twenty dollars for each such offence. 2. Every such person shall also be liable to the company for any damage to the property of the company, or for which the company may be responsible, by reason of any such act or omission. 3. Every person guilty of any offence under this section shall, in addition to the penalty and liability therein provided, be liable to pay to any person injured by reason of the commission 626 of R.S., 1906. Railways. Chap. 37. 135 of such offence all damages thereby sustained. 3 E. VII., c. 58, s. 201. Walking upon the Railway. 408. Every person, not connected with the railway or em- Walking on ployed by the company, who walks along the track* thereof, track - except where the same is laid across or along a highway, is liable p ena lty. on summary conviction to a penalty not exceeding ten dollars. 3 E. VII., c. 58, s. 291. Foot Bridges at Highway Crossings. 409. Any person who uses any highway crossing at rail level Using high- for the purpose of passing on foot along such highway across -^ on^foot. the railway, except during the time when such highway crossing is used for the passage of carriages, carts, horses or cattle along the said highway, is liable on summary conviction to a penalty p ena ) tv not exceeding ten dollars, if, — (a) the company has erected and completed, pursuant to n there is a order of the Board, over its railway, at or near or in lieu foot 1,riJ a e - of such highway crossing, a foot bridge or foot bridges for the purpose of enabling persons passing on foot along such highway to cross the railway by means of such bridge or bridges ; and, ( b) such foot bridge is maintained or such foot bridges are Maintained, maintained by the company in good and sufficient repair. 3 E. VII., c. 58, s. 292. Dangerous Commodities. 410. Every person who, — (q) sends by any railway any gunpowder, dynamite, nitro- Sending glycerine, or any other goods which are of a dangerous dangerous or explosive nature, without distinctly marking their marked" 11 * nature on the outside of the package containing the same, and otherwise giving notice thereof in writing to the sta- tion agent or employee of the company whose duty it is to receive such goods, and to whom the same are delivered ; or, (b)- carries or takes upon any train any such goods for the Taking them purpose of carriage; on train - shall forfeit to the company the sum of five hundred dollars Penalty. for every such offence. 3 E. Xil., c. 58, s. 221. 411. Every company which carries any goods of a danger- Company ous nature, except in cars speciallv designated for that pur- improperly • ,i.i i n t-i c 7 • i • i • carrying such pose, with the words Dangerous hxpiosives plainly appearing goods, on each side of each of such cars, shall for each such offence incur a penalty of five hundred dollars. 3 E. VII., c. 58, p en altv s. 222. Notification of Accidents. 412. Every company which wilfully or negligently omits Omitting to to give immediate notice as by this Act required, with full S^accide 1 -^ 4(H 627 particulars/ R.S., 1906. 136 Chap. 37. Bailways. Penalty. particulars, to the Board of the occurrence, upon the railway belonging to such company, of any accident attended with serious personal injury to any person using the railway, or to any employee of the company, or whereby any bridge, culvert, viaduct or tunnel on or of the railway has been broken, or so damaged as to be impassable or unfit for immediate use, shall forfeit to His Majesty the sum of two hundred dollars for every dav during which the omission to give such notice continues. 6 E. VII., c. 42, s. 22. Intoxication of railway employees. Penalty. Officers and Employees. 413. Every (-(inductor, locomotive engineer, train dis- patcher, telegraph operator, station agent, switchman, signal man, bridge tender, or any other person who is intoxicated, or under the influence of liquor, while on duty, in charge of or in any employment having to do with the movement of trains upon any railway, is guilty of an offence, and shall be punished by fine, not exceeding four hundred dollars, or imprisonment, not exceeding five years, or both, in the discretion of the court before which the conviction is had, and according as such court considers the offence proved to be more or less grave as causing injury to any person or property, or as exposing or likely to expose any person or property to injury, although no actual injury occurs. 6 E. VII., c. 42, s. 25. Selling liquor 414, Every person who sells, gives or barters any spirit- employees on uous or intoxicating liquor to or with any servant or employee duty. £ an y company while on duty, is liable on summary conviction Penalty. to a penalty not exceeding fifty dollars, or to imprisonment, with or without hard labour, for a period not exceeding one month, or to both. 6 E. VII., c. 42, s. 25. Employee violating by- laws, etc. If copy served or posted. Penaltv. 415. Every officer or servant of any company and every person employed by the company, who wilfully or negligently violates any by-law, rule or regulation of the company or its directors lawfully made and in force, or any order or notice • if the Minister, or of the Board, or of an inspecting engineer, • if which a copy has been delivered to him, or which has been posted up or open to his inspection in some place where his work or his duties, or any of them, are to be performed, if such violation causes injury to any person or to any property, or, although lid actual injury occurs, exposes any person or any property to the risk of such injury, or renders such risk greater than it would have been without such violation, is guilty of an offence, and shall, in the discretion of the court before which the conviction is had, and according as such court considers the offence proved to be more or less grave, or the injury or risk of injury to person or property to be more or less great, be punished by fine or imprisonment or both. 628 2. B.S., 1906. Railways. Chap. 37. 137 2. ISTo such fine shall exceed four hundred dollars, and no Limit of such imprisonment shall exceed the term of five years. 3. The company may, in all cases under this section, pay Recovery of the amount of the penaltv and costs, and recover the same from employee™™ the offender or deduct it from his salary or pay. 3 E. VII., c. 58, s. 296. Contravention of By-laws and Regulations of the Company. 416. Every person who wilfully or negligently violates Violation of i -, J i i ,. £ Zx. • t ii by-laws and any by-law, rule or regulation o± the company is liable, on rules, summary conviction, for each offence, to a penalty not exceed- ing the amount therein prescribed, or if no amount is so pre- scribed, to a penalty not exceeding twenty dollars : Provided that no such person shall be convicted of any such offence, unless at the time of the commission thereof a printed copy of Frin } e ^ c °py it/ must og such by-law, rule or regulation was openly affixed to a con- posted, spicuous part of the station at which the offender entered the train, or at or near which the offence was committed. 3 E. VII., c. 58, s. 297. Thistles and Weeds. 417. Every company which fails or neglects to cause the Failure to thistles and all noxious weeds growing on the right of way, removed^ and upon land of the company adjoining the railway, to be from right cut down, or to be rooted out and destroyed, each year, before ° way * such thistles or weeds have sufficiently matured to seed, or which fails or neglects to do anything which it is required by law to do for the purpose of cutting down, or rooting out and destroying such thistles and weeds before they have sufficiently matured to seed, shall incur a penalty of two dollars for every Penalty, day during which such failure or neglect continues. 2. The mayor, reeve or chief officer of the municipality, Municipal township, county or district in which any portion of the right J^^ may of way or land of the company lies, upon which the company has failed to cut down, or root out and destroy, such thistles and weeds as by law required, or to do anything which the company is by law required to do for the purpose aforesaid, or any justice of the peace in such municipality, township, county or district, may enter upon the portion of the righl of way and lands aforesaid, and, by himself and his assistants or workmen, cut down, or root out and destroy, such thistles or weeds, and . for that purpose cause to be done all things which the company is by law required to do. 3. Such mayor, reeve, chief officer or justice of the peace may Expenses, recover the expenses and charges ao incurred, and the said penalty, with costs, in any court of competent jurisdiction. 4. Such penalty shall be paid to the proper officer of the Payment, municipality. 3 E. VII., c. 58, s. 238. 629 418. R.S., 1906. 138 Chap. 37. Railways. Failure of constable iu duty. Penalty. Deduction from salary of constable. Venue. Railway Constables. 418. Every constable appointed under the authority of this Act who is guilty of any neglect or breach of duty in his office of constable shall be liable, on summary conviction, to a penalty not exceeding eighty dollars, or to imprisonment with or with- out hard labour for a term not exceeding two months. 2. Such penalty may, if the constable is in receipt of a salary from the company, be deducted from any such salary due to such offending constable. 3. Any offence under this section may be prosecuted and adjudged within any county, city, district, or other local juris- diction wherein the railway passes. 3 E. VII., c. 58, s. 241. Failure of company to furnish returns to Minister. Capital and working expenditure. Traffic. Other infor- mation. Penaltv. Signing false return. Offence. Returns. 419. Every company which fails or neglects to prepare and furnish to the Minister, within the time, and in the manner and form, and with such particulars and verification as by this Act required or intended, — (a) any return of its capital, traffic and working expenditure, or of any other information required as indicated in the forms contained in schedule one to this Act, or in any of such forms as changed, varied or rubstituted by the Min- ister, under the authority of this Act ; or, (b) any weekly return of its traffic in accordance with the forms contained in schedule two to this Act; or, (c) any other information which may be from time to time required by the Minister under the authority of this Act ; shall incur a penalty not exceeding ten dollars for every day during which such default continues. 2. Every person who knowing the same to be false in any particular signs any such return is guilty of an offence punish- able on summary conviction. 3 E. VII., c. 58, ss. 303 and 304; 6 E. VII., c. 42, s. 26. Failure of company to make returns. Of accidents. Of by-laws. U.S., 1900 420. Any company which fails or neglects to deliver to the Minister in the form ordered and directed by the Minister, or as by this Act required, — (a) within one month after the first days of January and July respectively in each year, a true and particular return of all accidents and casualties, whether to life or property, which have occurred on the railway of the company during the half year next preceding the said dates respectively, setting forth the particulars and verified in manner as by this Act required ; or, (b) if required by the Minister, a true copy of the existing by-laws of the company and of its rules and regulations, for the management of the company and of its railway, within fourteen days after having been so required by the Minis- ter; or, G30 (c) \ Railways. Chap. 37. 139 (c) any other or additional returns of serious accidents Of additional occurring in the course of the public traffic on the railway partlcu ars - belonging to such company, if thereunto required with a view to public safety by the Minister, within fourteen days after the same have been so required ; shall forfeit to His Majesty the sum of one hundred dollars for Penalty. every day during which the company so neglects to deliver any such return. 3 E. VII., c. 58, s. 307. 421, If the Board at any time, by notice served upon the Refusal to company or any officer, servant or agent of the company, re- requtred^by 8 quires the company or such officer, servant or agent to furnish Board, to the Board, at or within anv time stated in such notice, a written statement or statements showing in so far and with such detail and particulars as the Board requires, — (a) the assets and liabilities of the company ; A**?** and (b) the amount of the company's stock issued and outstand- s toc k. ing and the date at which any such stock was so issued ; (c) the amount and nature of the consideration received Considera- by the company for such issue, and in case the whole of lon ere or ' such consideration was not paid to the company in cash, the nature of the service rendered to or property received by the company for which any stock was issued ; (d) the gross earnings or receipts or expenditure by the Receipts and company during any period specified by the Board, and ex P endlt ures. the purposes for which such expenditure was made ; (e) the amount and nature of any bonus, gift or subsidy Bonus and received by the company from any source whatsoever and subsidies - the source from which and the time when, and the circum- stances under which, the same was so received or given ; (f) the bonds issued at any time by the company and what Bonds, portion of the same is outstanding, and what portion, if any, has been redeemed ; (g) the amount and nature of the consideration received by idem, the company for the issue of such bonds ; (h) the character and extent of any liabilities outstanding, Liabilities, chargeable upon the property or undertaking of the com- pany, or any part thereof, and the consideration received by the company for such liabilities, and the circumstances under which the same were created ; (i) the cost of construction of the company's railway or of Cost of , ,i £ construction, any part thereof ; (j) the amount and nature of the consideration paid or given Cost of by the company for any property acquired by it ; property. (k) the particulars of any lease, contract or arrangement Leases and entered into between the company and any other company contracts. or person ; and, (I) generally, the extent, nature, value and particulars of the Generally. property, earnings, and business of the company ; or, (m) any of the matters in this section mentioned ; Any matter. 631 and R.S., 1906. 140 Chap. 37. Railways. If wilful or and if such company, officer, servant or agent wilfully or negli- neghgent. gently refuses to make such return when and as thereunto re- quired by the Board, or fails to make any such return to the utmost of its or his knowledge, or means of knowledge, the com- pany and every such officer, servant or agent, so in default, shall severally be liable on conviction to a penalty not exceeding one thousand dollars. 2. Each such officer, servant or agent so convicted shall, in addition to such penalty, be liable to imprisonment, in the com- mon gaol of the county in which such conviction is made, for any period not exceeding twelve months. 3 E. VII., c. 58, s. 309. Penalty. Imprison- ment for officer or servant. Making false returns. Penalty. Imprison- ment. Publishing information without leave. Penalty. 422. If any company or any officer, servant or agent of such company wilfully or negligently makes any such return to the Board falsely, or makes any false statement in any such return, such company and every such officer, servant or agent shall be severally liable on conviction to a penalty not exceeding one thousand dollars. 2. Such officer, servant or agent shall also, on such conviction, be liable to imprisonment, for any period not exceeding twelve months, in the common gaol of the county where such conviction is had. 3 E. VII., c. 58, s. 309. 423. If any officer or servant of the Board, or any person having access to or knowledge of any return made to the Board, or of any evidence taken by the Board in connection therewith, shall, without the authority of the Board first obtained, publish or make known any information, having obtained the same, or knowing the same to have been derived from such return or evidence, he shall be liable, on conviction, to a penalty not exceeding five hundred dollars for each offence, and to imprison- ment not exceeding six months, in the common gaol in the county where such conviction is had. 3 E. VII., c. 58, s. 309. Schemes of Arrangement with Creditors. Failure of 424. If any company fails to keep at all times, at its prin- keep P or y seli cipal or head office, printed copies of any scheme of arrange- copies. nient between the company and its creditors, after such scheme has been confirmed and enrolled as provided by this Act, or to sell such copies to all persons desiring to buy them at a reason- able price, not exceeding ten cents for each copy, the company shall incur a penalty not exceeding one hundred dollars, and a further penalty not exceeding twenty dollars for every day dur- ing which such failure continues after the first penalty is in- curred. 3 E. VII., c. 58, s. 288. Various Offences. 425. Every person who, — (a) wilfully breaks down, injures, weakens or destroys any gate, fence, erection, building or structure of a company; or, 632 (b) Penalty. Destroying or injuring structures. R.S., 1906. Railways. Chap. 37. 141 (b ) removes, obliterates, defaces or destroys any printed or Removing or written notice, direction, order, by-law or regulation of a no^es 2 company, or any section of or extract from this Act or any other Act of Parliament, which a company or any of its officers or agents have caused to be posted, attached or affixed to or upon any fence, post, gate, building or erection of the company, or any car upon any railway ; or, (c) enters upon any railway train, without the knowledge or Fraudulently consent of an officer or servant of the company, with intent train!* 18 fraudulently to be carried upon the said railway without paying fare thereon ; or, (d) wilfully obstructs or impedes any officer or agent of any Obstructing company in the execution of his duty upon any train, or "^^j, ? railway, or upon any of the premises of the company ; or, (e) not being an employee of the company, wilfully tres- Trespass on passes by entering upon any of the stations, cars or build- confpany ° f ings of the company in order to occupy the same for his own purposes; shall be liable on summary conviction to a penalty not exceeding Penalty, fifty dollars, or in default of payment to imprisonment for a term not exceeding two months. 3 £. VII., c. 58, s. 291. 426. Every person who, — (a) bores, pierces, cuts, opens or otherwise injures any cask, Opening box or package, which contains wine, spirits or other fntentTto" 11 liquors, or any case, box, sack, wrapper, package or roll of steal con- goods, in, on or about any car, wagon, boat, vessel, ware- tents ' house, station house, wharf, quay or premises of or belong- ing to any company, with intent to steal or otherwise un- lawfully to obtain or to injure the contents, or any part thereof; or, (b) unlawfully drinks or wilfully spills or allows to run to Drinking or waste any such liquors, or any part thereof; wasting is liable, on summary conviction, to a penalty not exceeding p ena jty. twenty dollars over and above the value of the goods or liquors so taken or destroyed, or to imprisonment, with or without hard labour, for a term not exceeding one month, or to both. 3 E. VII., c. 58, s. 298. Penalties not otherwise provided. 427. Any company, or any director or officer thereof, or Company or any receiver, trustee, lessee, agent, or person, acting for ,,r o^omittin" 1 " employed by such company, that does, causes or permits to be to do any- done, any matter, act or thing contrary to the provisions of this Ihis^Act"" l or the Special Act, or to the orders or directions of the Governor in Council, or of the Minister, or of the "Board, made under this Act, or omits to do any matter, act or thing, thereby required to be done on the part of any such company, or person, shall, if no other penalty is provided in this or the Special A.c1 for any such act or omission, be liable for each such offence to a penalty of not less than twenty dollars, and not more than five thousand 633 dollars, R.S., 1906. 142 Chap. 37. Railways. Each day's violation of this Act a distinct offence. Penalty. dollars, in the discretion of the court before which the same is recoverable. Damages. 2. Such company, director, officer, receiver, trustee, lessee, agent or person shall also, in any case, in addition to any such penalty, be liable to any person injured by any such act or omis- sion for the full amount of damages sustained thereby. 3 E. VII., c. 58, s. 294. Continuing Offences. 428. When the violation of or failure to comply with any provision of this Act, or with any regulation, order or direc- tion of the Governor in Council, the Minister, the Board, or any inspecting engineer, is made, by this Act or any regulation thereunder, an offence subject to penalty, each day's continu- ance of such violation, or failure, to comply, shall constitute a new and distinct offence. 3 E. VII., c. 58, s. 299. Liability of the Company. 429. For the purpose of enforcing any penalty under any of the provisions of this Act, or enforcing any regulation, order, or direction of the Governor in Council, the Minister, the Board, or any inspecting engineer, made under this Act, the act, omission, or failure j)f any officer, agent, or other person acting for, or employed by the company, shall, if within the scope of his employment, in every case be also deemed to be the act, omission or failure of such company. Idem. 2. Anything done or omitted to be done by the company, which if done or omitted to be done by any director, or officer thereof, or any receiver, trustee, lessee, agent or person acting for or employed by the company, would constitute an offence under this Act, shall also be held to be an offence committed by such company, and, upon conviction of any such offence, the company shall be subject to the like penalties as are prescribed by this Act with reference to such persons. 3 E. VII. , c. 58, s. 299. Penalties constitute a charge. Penalties a 430. If any company has been convicted of any penalty firS ra C ilwa Se im der this Act, such penalty shall be the first lien or charge upon the railway, property, assets, rents and revenues of the 3 E. VII., c. 58, s. 301. Company liable for act or omission of officer. company. Procedure. If penaltv $100 or less. If more than $100 and less than $500. U.S., 1906. 431. If any penalty, prescribed for any offence under this Act, or under any regulation of the Board, is one hundred dol- lars or less, with or without imprisonment, the penalty may, subject to the provisions of this Act, be imposed and recovered on summary conviction before a justice of the peace. 2. If the penalty prescribed is more than one hundred dol- lars and less than five hundred dollars, the penalty may, subject 634 as Railways. Chap. 37. 143 as aforesaid, be imposed and recovered on summary conviction before two or more justices, or before a police magistrate, a stipendiary magistrate, or any person with the power or author- ity of two or more justices of the peace. 3. Whenever the Board shall have reasonable ground for Board may belief that any company, or any person or corporation is violat- jft^rnev ing or has violated any of the provisions of this Act, in respect General to of which violation a penalty may be imposed under this Act, proceed - the Board may request the Attorney General of Canada to institute and prosecute proceedings, on behalf of His Majesty, against such company or person for the imposition and recovery of the penalty provided under this Act for such violation, or the Board may cause an information to be filed in the name of the Attorney General of Canada for the imposition and recovery of such penalty. 4. No prosecution shall be had against the company for any x prosecu- penalty under this Act, in which the company might be held ] e °" e wl f hout liable for a penalty exceeding one hundred dollars, without the Board if leave of the Board being first obtained. 3 E. VII., c. 58, ss. exceeds $ioo. 25 and 300. SCHEDULE ONE. Railway Company. Return for the year ending June 30, 19 , required by the Minister of Railways and Canals, showing the conditions of the Capital and Revenue Account, etc., etc., of the railways in the Dominion of Canada. No. 1. — Location and General Description of Railway, Showing the county or counties through which the railway runs, the terminal points, connections, if any, and niving a general description of the line and the country through which it passes. June 30, 19 . No. 2. — Official Name and Address of the Company and Official Seal. No. 3. — Names and Residences of Directors and Officers of the Company, June 30, 19 . Names of Directors. Residences. President, Vice-President, Secretary, Treasurer, 6 c c Genera! Manager, Engineers, Superintendents. 15 No. R.S., 1906 144 Chap. 37. Railways. No. 4. — List of all Statutes, Dominion or Provincial, in any manner affecting the railway or any part thereof, from the date of first construction to June 30, 19 . No. 5. — List of all Statutes, Dominion or Provincial, under which any subsidy, loan or bonus, has been paid or voted, in respect of the railway, or anv part thereof, passed prior to June 30, 19 No. 6. — List of all Contracts made by the Company, for the construction of any part of the railway up to June 30, 19 . Date. Contractors. Description of Work. Location and Mileage. Prices. Copies of any contracts must be furnished by the company to the Minister when required. No. 7. — Capital Account to June 30, 19 . ■ Amount Author- ized. Amount Share Capital Sub- scribed. Bonds Issued. $ cts. Amount Share Capital Paid up. Bonds Sold. *Rate of Interest or Dividend. Total amount of ordinary share capital ,, of preference share capital . . .. ,, of ordinary bonds $ cts. 8 cts. p.c. n of Government loans ,, M subscription to it subscription to bonds ,, municipal loans subscrip tion to ,, M subscrip tion to bonds M of capital from other sources. .. ''State whether dividend is cumulative or not. 636 With E.S., 1906. Railways. Chap. 37. 145 With this return shall be transmitted a copy of the annual accounts or statements from the directors to the company pre- pared under the provision of this Act, whereby the directors are required to cause to be kept, and annually on the thirtieth Sec - 124 - day of June to be made up and balanced a true, exact and particular account of the moneys collected and received by the company, or by the directors or managers thereof, or otherwise, for the use of the company, and of the charges and expenses attending the erecting, making, supporting, maintaining and carrying on of the undertaking, and of all other receipts and expenditures of the company, or the directors. This statement must also agree with the totals shown in such annual accounts or statements from the directors to the com- pany. If there is more than one issue of preference shares and bonds, state them and the amount of each class. No. 8. — Loans or Bonuses from Governments or Muni- cipalities, up to June 30, 19 . . a o t> From what Source. c3 OT3 — V DQ 5 ■goa n do ■u 4a IS 1— 1 E- 5 3 5 ~. 5 *• "^ : ^ Z ~ o o 5 5 so as - 'Z c'3 < < < < ti 8 cts. $ cts. 8 cts. 8 cts. p.c. Total Municipalities Total No. 9. — Bonds or other Securities Negotiated by the Company, up to June 30, 19 . R.S., 1906. 146 Chap. 37, Railways. No. 10. — Sales of Land made by the Company, up to June 30, 19 . \t ITS Sold. Price per Acre. Amount. cts. •? cts. No. 11. — Floating Debt, Year ending June 30, 19 Total Amount Remarks Note.— The floating debt includes all debts other than the bonded debts. No. 12. — Characteristics of Road, etc., June 30, 19 . Own ei i. *Length of main line from . f .. branch from . . . to .to. .to. to .to Leased. Length of branch railway from to to ii n to ti 11 . . .to. Miles. Total mileage worked. Length of road laid with iron rails . . ii ii steel rails ii of sidings ii of double track (if any) Weight of rail per yard, main line, iron H ii H steel ii ii branches, iron n ii ii steel Number of car sheds and shops n of engine-houses ii of engines, steam or motor, owned by the Company h ii hired „ of power houses owned ; hired { Jjjjj JJJ™ gJJJ; ; ii of sleeping cars owned by the Company hired No. with air brakes, .owned . . hired ii automatic couplers . . owned . . hired . . rlour cars owned by the Company hired n No. with air brakes, .owned . .hired n automatic couplers . . owned . . h ired . . . 638 of pa No. R.S., 1906. Railways. Chap. 37, 147 No. 12. — Characteristics of Road, etc., June 30, 19 . — Continued. Number of dining cars owned by the Company ii ,, hired n ,, ,, with air brakes, .owned, .hired „ ,, with automatic couplers, .owned, .hired .1 official cars owned by the Company H n hired n ,, n with air brakes, .owned, .hired n with automatic couplers, .owned, .hired i if first-class passenger cars owned by Company ,, ii n hired ,, n H with air brakes, .owned, .hired. .. . ,, H ,i with auto, couplers n . . « .... ,, of second-class and immigrant cars owned by Company „ ,, ii hired ,, n H with air brakes, owned. hired ,, i, n with auto, couplers . n . I. baggage, mail and express cars owned by Company ,, ii hired ii of baggage, mail and express cars with air brakes owned. hire! ,, i, H with auto, couplers h -i n of cattle and box freight cars owned by Company ,, H ii hired ,, n H with air brakes, .owned, .hired . ,, i, ,i with auto.couplers ■■ . . u ii of refrigerator ears owned by the Com| any ii n hired ,i n with air brakes. . . . owned hired. ,, H with auto, couplers. .. 11 .. ■< .... H of platform cars owned by Company M ii hired ,, n with air brakes owned hired ,, H with auto, couplers. .. m n H of coal cars owned by Company ii ii hired ,, it with air brakes owned hired ,, ii with auto coupler... n n H of conductors, vans . . ii ii with air brakes owned hired ■i with automatic couplers. . ■■ ■■ ii of tool cars .i H with air brakes owned hired.... ,, ii with automatic couplers . . . n ■< .... i, of snow-ploughs and sweepers H of flangers H of other rolling stock ii of ties to mile, main line n ii brandies ^ Nature uf fastenings used to secure joint of rail Number of grain elevators ^Capacity of ■■ at Number of highway crossings at rail-level at which watchmen are employed „ n ii without watchmen n of overhead bridges carrying highway over railway ,, ii H farm crossings over railway Height of overhead bridges above rail-level Numbei of highway crossings under railway i, of farm crossings under railway ii of level crossings uf other railways ii of junctions with other railways. ii ii branch lines Radius of sharpest curve Number of feet per mile of heaviest gradient Gauge of railway * If the line, or any portion of it, is under construction, the length being con- structed is to be given. t The length of the main line is the distance from point to point, irrespective of double track or sidings. + State where these are situated, and the capacity of each. 639 No. R.S., 1906. 148 Chap. 37. Eailways. Xo. 12. — Characteristics of Road, etc., June 30, 19 . — Continued. . Mileage in Provinces. Ontario Quebec Nova Scotia New Brunswick Manitoba British Columbia . . Prince Edward Island Saskatchewan Alberta Northwest Territories Yukon Territory Total .... No. 13. — Actual Cost of Railway and Rolling Stock, up to June 30, 19 . 1. Cost of land and land damages 'J. ('est in cjnnection with the administration of land grant in aid, if any •■•;•-. 3. Cost of grading, masonry and bridging, station buildings, etc 4. Cost of rolling stock of all kinds, including workshops Total. $ cts. The above total to show the actual cash cost of construction and of rolling stock. No. 14. — Operations of the Year ending. June 30, 19 , and Number of Miles run. 1. Miles run by passenger trams 2. ii freight trains 3. ii mixed trains 4. Total miles run by trains 5. ii ' M engines 6. Total number of passengers carried 7. M tons of freight (of 2, 00U lbs. ) carried. 8. Average rate of speed of passenger trains 9. ii ii freight trains 10. Average weight of passenger trains in motion 11. ii ii freight trains in motion A train consists of one or more cars. R.S., 1906. 640 Railways. Chap. 37, No. 15. — Description of Freight Carried during the Year ending June 30, 19 . 149 Weight in Tons. 1. Flour in barrels, No 2. Grain in bushels, No 3. Live stock, No 4. Lumber of all kinds, ft. B.M 5. Coal and other fuel.. f>. Manufactured goods All other articles Total weight carried. No. 16. — Earnings of Railway for Year ending June 30, 19 . 1. From passenger traffic _. n freight traffic 3. it mails and express freight. 4. .i other sources • s cts. Total. Xo. 17. — Operating Expenses — Maintenance of Way, Buildings, etc., for the Year ending June 30, 19 . ts. 1, Wages, etc., of labour employed on track, including sidings, i'. Cost i if rails and fastenings 3. Ballasting 4. Repairs of bridges and culverts 5. ii and renewals of buildings 6. >< of fencing. . 7. I Hearing snow B. Engineering superintendence Total 41 641 No. R.S., 1906. 150 Chap. 37. Railways. No. 18. — Operating Expenses — Cost of Motive Power for Year ending June 30, 19 1. Wages of engineers, motormen, firemen and cleaners. 2. Fuel. 3. Repairs of engines and tenders 4. Oil, tallow, waste, etc., for engines 5. Pumping engines 6. Repairs of tools and machinery 7. Superintendence Total . No. 19. — Operating Expenses — Maintenance of Cars for Year ending June 30, 19 1. Wages and material for repairs of passenger cars 2. ii ii freight cars and wow plou 3. ii ii other rolling stock 4. Superintendence Total 5 ets. No. 20. — Operating Expenses — General and Operating Charges for Year ending June 30, 19 . \ I cts. 2. 3. 4. 5. 6. 7. 8. '.'. Pi. 11. 12. 13. Office expenses, including directors, auditors, management, travel- ling expenses, stationeiy, etc Stat inn agents, clerks, porters, etc Conductors, baggagemen and brakemen Compensation for personal injuries Loss or damage to freight Cattle killed Ferries and ferry-boats l'i ireign agencies Small stores, including lights, lamps and signals All other charges Total 642 U.S., 1906. Railways. Chap. 37. 151 no. 21. summary of operating expenses foe the year ending June 30, 19 . S cts . A. Maintenance of way, buildings, etc B. Motive power C. Maintenance of cars D. General and operating expenses Total cost of operating railway Operating expenses per train mile The above statement is to include the full cost of operating the railway, and the total is to correspond with the annual accounts or statements prepared under the pro- vision of this Act in No. 7 of this schedule set forth. No. 22. — Accidents during the Year ending June 30, 10 . Cause of Accident. Passengers. 1. Fell from cars or engines. 2. Jumping on or off trains or engines when in mo- tion 3. At work on or near the track, making up trains 4. Putting arms or heads out of windows 5. Coupling cars 6. Collisions, or by trains thrown from track . 7. Struck by engine or cars (in highway crossing. . . S. Walking, standing, lying, Bitting or being on track 9 l'.\ illusions 10. Striking brirlges 11. Other causes Total Employees. Others. ^ Total. Xo. 23. — Details of Accidents during Year ending June 30, 19 . Name, Address Date. i and Place of Accident Occupation of Persons. ( 'ause. Passengers and employees are to be entered separately. 4H 643 Nature and Extent of Injury. CANADA, R.S., 1906. 152 Chap. 37. CANADA, Province of. . . County of . . To Wit : Railways. Affidavit for President, or, in his absence, for Vice-president or Manager. I, of the C) of in the county of and province aforesaid ( 2 ) of the Railway Company, being duly sworn, make oath and say: — That, to the best of my knowledge, information and belief, the foregoing returns are true and correct. Sworn before me at the of 1 in the county of this ?- day of 19 . J r 3 ) (')• City, town, township or parish. (-). President, Vice-President or Manager. ( :! ). Official capacity of person administering oath. CANADA, Province of . . . County of. . To Wit: Affidavit for the Secretary or some other chief officer. J I, • of the C) of in the county of and province aforesaid, ( 2 ) of the Railway Company, being duly sworn, make oath and say : — That, to the best of my knowledge, information and belief, the foregoing returns are true and correct. Sworn before me at the of in the county of this , day of 19 . ( 3 ) (*) City, town, township or parish. ( 2 ). Secretary or other chief officer. ( 3 ). Official capacity of person administering oath. 3 E. VII., c. 58, sch. 1. R.S., 1906. 644 SCHEDULE Railways. Chap. 37. 153 SCHEDULE TWO. Railway Company. Retubn of traffic for week ending and corresponding week of 19 19 , Week ended. Passe Number VfiERK. Amount Fue Al LTveJ Tons. SHT S'll Stock. Amount $ cts. Mails and Sundries $ cts. Total. $ cts. Per Mile Period. § cts. Miles Open. 19 $ cts. 19 ■ Increase . . . Aggregate Traffic from July 1, 19 . Date. Passe Number VGERS. Amount $ cts. Fee A Live ! Tons. GHT ID Stock. Amount $ cts. Mails and Sundries S cts. Totals. $ cts. Per Mile per Period. Miles Open. From . . ..10 $ cts. Corresponding H I ». H 1 M 3 E. VII., c. 58, sch. 2. OTTAWA: Printed by Samuel Edward Dawson, Law Printer to the Kins' s most Excellent Majesty. 645 R.S., 1906. CHAPTER 38. An Act respecting the sale of tickets by Railway, Steamboat and Ferry Companies. SHOET TITLE. 1. This Act may be cited as the Passenger Tickets Act. short title. TICKETS AND TICKET AGENTS. 2. Any railway company, steamboat or ferry company Appointment subject to the jurisdiction of the Parliament of Canada, or of agents for to which the Railway Act applies, and the Minister of Railways tickets, and Canals, as respects any railway under the control of the Government of Canada, may appoint, in any city, town or village in Canada, such person or persons as it or he chooses, as agents for the sale of passenger tickets to passengers or persons who desire to travel by the railway, steamboat or ferry of the company employing such agent, or by any Government railway, as the case may be. R.S., c. 110, s. 1 ; 62-63 V., c. 38, B. 1. 3. The Minister of Railways and Canals, or company, Certificate employing any such agent, shall give him a certificate of his of a PP° mt - appointment, which shall be under the hand of the Minister of Railways and Canals, or the corporate seal of the company appointing him ; and such agent shall keep the same framed T.° . be , ex " or exhibited in some conspicuous part of his office or place of business, where it can be seen and read by those resorting to the office. R.S., c. 110, s. 2. 4. Every agent of a foreign railway company doing busi- As to agents ness in Canada shall, before issuing tickets over any Govern- SLilway^om- ment railway line, or other Canadian railway line, be duly ponies. authorized for such purpose by the Minister of Railways and Canals, or by the company, as the case may be, over whose line he desires to issue tickets, in the same manner as is herein- before provided in respect of other agents, and shall have and exhibit, in like manner, a certificate from the foreign company he represents. R.S., c. 110, s. 3. 647 5. R.S., 1906. Name and 5. Every ticket sold by any agent shall have the name of stamped on such agent and the date of the sale written or stamped plainly ticket. upon it. R.S., c. 110, s. 4. a^"nt° riZed 6. Nothing in this Act shall prevent the duly authorized procure agent of any company from procuring from the duly authorized Chap. 38. Passenger Tickets 5. Every ticket sold tr such agent and the date ol ticket. upon it. R.S., c. 110, s. 4 Authorized agents may procure each^other™ n ff en ^ °^ an J °ther company, a ticket for a passenger to whom he has sold a ticket to travel over the line or any part thereof for which he is the authorized agent, so as to enable such pas- senger to travel to the point or junction from which he has previously secured his ticket. R.S., c. 110, s. 5. Act not to 7, Nothing in this Act contained respecting the appoint- agents. ment of agents for the sale of tickets shall prevent the station agents of the Minister of Railways and Canals or company, at their stations, and in their ticket offices at such stations, from selling tickets to passengers about to enter upon and travel by railway from the said stations. R.S., c. 110, s. 6. UNUSED TICKETS. Redemption 8. The Minister of Railways and Canals, with respect to ticket or any Government railway, and every railway company subject part of to the jurisdiction of the Parliament of Canada, or to which ticket. . . ' the Railway Act applies, as the case may be, shall repay to every holder of a ticket over any Government railway line or other Canadian railway line, as the case may be, the cost of his ticket, if unused in whole or in part, less the ordinary and regular fare for the distance for which such ticket has been used. Where to be 2. Such repayment shall be made at any station or office of the railway or company between and including the points covered by the ticket. Time limited. 3 # ^hg c ] a i m f or sucn redemption shall be made within thirty days from the expiration of the time for which the ticket was issued, in accordance with the conditions thereon. R.S., c. 110, s. 9. STOP OVER TICKETS. 5opping f ®' Every passenger who presents a single journey ticket over may be upon a train within the time for which the conditions printed demanded. lT p 0n gucn t i c k e t and the date shows such ticket to be good for use, may apply to the conductor of such train to have the privilege of stopping over granted, and the time for which the' ticket is valid extended. granted by ^' ^ uc ^ Privilege and extension of time shall be granted conductor. by such conductor on tickets purchased at railway ticket offices in Canada, from one place in Canada to another, or from a place in Canada to a place in the United State?. hmit anCe ^' ^° S11C ^ P assen g er sna H De entitled to have such time extended for more than two days for every fifty miles of dis- tance to be travelled in Canada. R.S., c. 110, s. 10. 648 OFFENCES R.S., 1906. Passenger Tickets. Chap. 38. OFFENCES AND PENALTIES. 10. Every person who, — (a) except those authorized as hereinbefore mentioned, sells, Unlawfully or offers for sale any railway, steamboat or ferry passenger !? 1 L in . g ticket, or pass, ticket, certificate or other instrument, en- abling any person or purporting to entitle any person to travel on any one railway, steamboat or ferry, or more than one railway, steamboat or ferry, or on any part of one railway or parts of several railways to which this Act applies ; or, (b) issues the unused portion of any ticket, otherwise than Selling un- by the presentation of the same for redemption under the "f^ke^ 1011 provisions of this Act; or, (c) fraudulently alters, changes or imitates the signature Alteration of the agent or the date written or stamped upon any of tlcket - ticket ; is guilty of an offence against this Act and shall, upon summary conviction thereof before any justice of the peace, be liable to a penalty not exceeding fifty dollars and not less than twenty Penalty. dollars and costs, or to imprisonment for a term not exceeding ninety days and not less than ten days, or to both penalty and imprisonment, in the discretion of the justice. R.S., c. 110, ss. 4, 7, 8, 9 ; 62-63 V., c. 38, s. 2. 11. Every complaint respecting an' offence against this Act Procedure. shall be prosecuted under the provisions of Part XV. of the Criminal Code. R.S., c. 110, s. 11. OTTAWA: Printed by Samuel Edward Dawson, Liw Printer to the King's most Excellent Majesty. 649 R.S., 190G. CHAPTER 39. An Act respecting the Public Works of Canada. SHORT TITLE. 1. This Act may be cited as the Public Works Act. R.S., Short title. c. 36, s. 1. APPLICATION. 2. This Act is divided into two parts. Part I. applies Division of exclusively to the Department of Public Works and the public Act - works and property under the control of that Department. Part II. is not by this section limited in its application. PART I. INTERPRETATION. 3. In this Part, unless the context otherwise requires, — Definitions. (a) ' Minister ' means the Minister of Public Works ; (b) * Department ' means the Department of Public Works ; (c) ' public work ' or ' public works ' means and includes any work or property under the control of the Minister. R.S., c. 36, s. 2. DEPARTMENT OF PUBLIC WORKS. 4. There shall be a department of the Government of Canada Depart- which shall be called the Department of Public Works, over men t- which the Minister of Public Works for the time being, appointed by commission under the Great Seal of Canada, shall preside. 2. The Minister shall have the management and direction of Minister. the Department, and shall hold office during pleasure. R.S., c. 36, s. 3. 5. The Governor in Council may appoint the following offi- Deputy and cers who shall hold office during pleasure : — officers. (a) An officer who shall be called the Deputy Minister of Public Works, and who shall be the chief officer of the Department ; 651 (b) R.S., 190G. Chap. 39. Public Works. Part 1. Duties of Secretary. Acting secretary. Duties of chief engi- neer and chief archi- tect. (b) A secretary for the Department; ( c) One or more chief engineers ; (d) A chief architect; (e) Such other officers as are necessary for the proper con- duct of the business of the Department. R.S., c. 36, s. 4. 6. The Secretary of the Department shall, unless otherwise directed in any case by the Minister, — (a) keep separate accounts of the moneys appropriated for and expended on each public work ; (b) submit such accounts to be audited in such manner as is appointed by law or by the Governor in Council ; (c) have charge of all plans, contracts, estimates, documents, titles, models and other like things relating to any such work ; (d) keep proper accounts with each contractor or other per- son employed by or under the Department ; (e) see that all contracts are properly drawn up and executed ; (f) prepare all certificates upon which any certificate for the payment of money is to issue; (g) keep minutes of all proceedings of the Department; (h) prepare reports and conduct under the direction of the Minister the correspondence of the Department; (i) generally do and perform all such acts and things apper- taining to the business of the Department as are from time to time required by the Minister. R.S., c. 36, s. 5. 7. In case of the absence of the Secretary, or of his inability to act, the Minister may, in writing, authorize some other offi- cer of the Department to act, for the time, in his stead. R.S., c. 36, s. 4. 8. The Chief Engineer or the Chief Architect shall, — (a) prepare maps, plans and estimates for all public works which are about to be constructed, altered or repaired; (b) report for the information of the Minister on any ques- tion relating to any public work which is submitted to him ; (c) examine and revise the plans, estimates and recommend- ations of other engineers, architects and officers in respect of any public work; (d) generally advise the Minister on all engineering or architectural questions affectine: any public work. R.S., c. 36, s. 6. POWERS OF THE MINISTER. Matters 9. The Minister shall have the management, charge and control of direction of the following properties belonging to Canada, and the Minister. f the services in this section enumerated, namely : — 652 (a) R.S., 1906. Part I. Public Works. Chap. 39. 3 (a) The dams, the hydraulic works, the construction and repair of harbours, piers and works for improving the navigation of any water, and the vessels, dredges, scows, tools, implements and machinery for the improvement of navigation ; (b) The slides, dams, piers, booms and other works for facilitating the transmission of timber, the collection of slidage and boomage dues and matters incident thereto, and the officers or persons employed in that service; f.c) The roads and bridges; (d ) The public buildings ; (e) The telegraph lines; (f) The heating, maintenance and keeping in repair of the Government buildings at the seat of government and any alteration from time to time requisite therein, and the supplying of furniture and fittings or repairs to the same ; (g) All such portions of the property known as the Ord- nance property as were transferred to the Government of the late province of Canada or to the Government of Canada by the Government of the United Kingdom, and afterwards placed under the control of the Department ; and, (h) All other property which now belongs to Canada and the works and properties acquired, constructed, extended, enlarged, repaired or improved at the expense of Canada, or for the acquisition, construction, repairing, extending, enlarging or improving of which any public money is voted and appropriated by Parliament, except works for which money has been appropriated as a subsidy only, and every work required for any such purpose. R.S., c. 36, s. 7 ; 52 V., c. 19, s. 2. 10. Nothing in the last preceding section shall be deemed Exceptions, to confer upon the Minister the management, charge or direction of such public works as are, — (a) lawfully transferred to any province forming part of Canada ; (b) leased, sold or otherwise lawfully transferred to muni- cipalities, incorporated companies or others, unless the same are subject to be and are resumed by His Majesty in virtue of the provisions of any Act, or of any lease, sale or transfer thereof, or relating thereto; (c) by or under the authority of this Act or any other Act of the Parliament of Canada, placed under the control and management of any other minister or department ; or, (d) by proclamation abandoned, or left to the control of municipal or local authorities. R.S., c. 36, s. 7. 11. The Governor in Council may, by proclamation, de- Works may clare any public road or bridge under the management and drawn h £rom control of the Minister to be no longer under his management Minister's sko i control. ood and R.S., 1906. Chap. 39. Public ^Yorks. Part I. and control; and upon, from and after a day to be named in the proclamation, such road or bridge shall cease to be under the management and control of the Minister, and no tolls shall thereafter be levied thereon under the authority of this Act. R.S., c. 36, s. 15. Construc- tion and repair. 12. The Minister shall direct the construction, mainten- ance and repair of all harbours, roads or parts of roads, bridges, slides and other public works or buildings constructed or main- tained at the expense of Canada, and which are placed under his management and control. R.S., c. 36, s. 9. Parliamen- tary sanction. 13. Nothing in this Act shall authorize the Minister to cause expenditure not previously sanctioned by Parliament, except for such repairs and alterations as the necessities of the public service demand. R.S., c. 36, s. 10. Attesting accounts of contractors. 14. The Minister or the Deputy Minister may require any account sent in by anv contractor, or by any person in the em- ploy of the Department, to be attested on oath, which oath, as well as that to be taken by any witness, may be administered by the Minister or the Deputy Minister. R.S., c. 36, s. 11. Power to 15, The Minister may send for and examine, on oath, all examine per- . . , J ' ' sons on oath, such persons as he deems necessary, respecting any matter upon which his action is required, and may cause such persons to bring with them such papers, plans, books, documents and things as it is necessary to examine with reference to such matter, and may pay such persons a reasonable compensation for their time and disbursements. 2. Such persons shall comply with the summons of the Minister, after due notice ; and every person so summoned who neglects or refuses to attend and be examined shall incur a penalty of twenty dollars. R.S., c. 36, s. 12. Penalty for refusing to attend. Security from con- tractors. Passing by lowest tender. No payment without con- tract and securitv. R.S., 1906. 16. The Minister, in all cases in which any public work is being carried out by contract, shall take all reasonable care that good and sufficient security is given to and in the name of His Majesty, for the due performance of the work within the amount and time specified for its completion. 2. In all cases in which it seems to the Minister not to be expedient to let such work to the lowest tenderer, he shall report the same and obtain the authority of the Governor in Council previously to passing by such lowest tender. R.S., c. 36, s. 14. 17. jSTo sum of money shall be paid to the contractor on any contract nor shall any work be commenced, until the contract has been signed by all the parties therein named, nor until the requisite security has been given. R.S., c. 36, s. 14. 654 EXECUTION Part I. Public Works. Chap. 39. 5 EXECUTION OF CONTRACTS. 18. No deed, contract, document or writing in respect of How exe- any matter under the control or direction of the Minister cuted " shall be binding on His Majesty or be deemed to be the act of the Minister, unless the same is signed by him or by the Deput v Minister, and countersigned by the Secretary of the Depart- ment, or the person authorized to act for him. R.S., c. 36, s. 34. EVIDENCE. 19. A copy of any map, plan, or other document in the Copies, custody of the Secretary of the Department, certified by him to be a true copy, shall be held to be authentic, and shall be prima facie of the same legal effect as the original in any court or elsewhere. R.S., c. 36, s. 35. SALE OR TRANSFER OF PUBLIC WORKS TO LOCAL AUTHORITIES. 20. The Minister may enter into arrangements with any Minister may provincial government, municipal council, or other local corpor- arrange - ation or authority, or with any company in the provinces oi Ontario or Quebec, incorporated for the purpose of constructing or holding the works mentioned in this section, or works of like nature in the same province, for the transfer to them of any of the public roads, harbours, rivers or river improvements, bridge? or public buildings, whether within or without the limits of the local jurisdiction of such municipal council or other authorities, which it is found convenient to place under their management. 2. On the completion of such arrangements, the Governor Governor in in Council may grant, and, by so granting, transfer and S r ° u n " cl1 may convey for ever or for any term of years, all or any of such roads, harbours, rivers and river improvements, bridges or public buildings, to such provincial government, municipal council or other local authority or company, upon such terms and conditions as are agreed upon; and the said governments, municipal councils or other local authorities may enter into such arrangements and may take and hold any works so trans- ferred. R.S., c. 36, s. IT. 21. Any such grant may be made by order in council, By order in and by such order any or all of the powers and rights vested counci1 - in the Crown, or in any officer or department, in respect of such public work, may be granted to and vested in the grantee to whom the public work is granted. 2. Such order in council may contain any condition?, clause? Condition* and limitations agreed upon which, as well as all the provisions nn<1 limita - of such order in council, shall, in so far as they are not incon- sistent with this Act, and do not purport to grant any right or 655 power R.S., 1906. Chap. 39. Public Works. Part 1. Revoking or amending the grant. power not immediately before the making of such order in council vested in the Crown or in the Governor in Council, or in some officer or department of the Government, have force and shall be obeyed as if they had been contained in this Act and had formed part thereof. 3. Any such order in council may, with the consent of the grantee, be revoked or amended by any subsequent order in council, and the consent of the grantee thereto shall be pre- sumed unless disputed bv the grantee, and, if disputed, may be proved by any copy of such order in council, on which the consent of the grantee thereto is written and attested by such signature or seal, or both, as would be sufficient to make any deed or agreement the deed or agreement of the grantee. R.S., c. 36, s. 18. may extend to. What the 22. The provisions and conditions of any such order in conditions of «i . j , the grant council may extend to, — (a) the mode of adjusting and determining any difference arising between the Crown and any municipal corporation, local authority or company, as to their respective rights under the same ; or, ( b) the reservation of the right of re-entry by the Crown -into possession of any public work on the default of such cor- poration, authority or company to perform the conditions agreed upon; and, (c) the vesting in any sheriff power to give possession of such public work to any public officer for- the Crown, on any warrant, under the hand and seal of the Governor General, addressed to such sheriff, reciting such default and commanding him to give possession to such officer for the Crown as aforesaid. 2. No enactment made for the purpose of enforcing the provisions of any such order in council shall be deemed an infringement of the rights of the municipal corporation, local authority or company to which it relates, and nothing in this section shall prevent the enforcement of the rights of the Crown in any lawful manner not inconsistent with the provisions and conditions of any such order in council. U.S., c. 36, s. 19. Municipal rights. Crown rights. Work trans- ferred to be kept in repair. 23. One of the conditions of every such lease or transfer of any bridge, road or public work, shall be that such work shall be kept in thorough repair, and that, for all the pur- poses of such contract, sale or lease, the sufficiency of such repair shall be ascertained and decided on by such engineer as the Minister appoints to examine the same. R.S., c. 36, s. 20. TOLLS AND DUES. Governor in 24. The Governor in Council may impose and authorize impose. may the collection of .tolls and dues upon any public work vested in His Majesty, and may, from time to time, in like manner, 656 alter R.S., 1906. I Part I. Public Works. Chap. 39. 7. alter and change such tolls or dues, and may declare the exemp- tions therefrom; and all such tolls and dues shall be payable in advance and before the right to the use of the public work in respect of which they are incurred accrues, if so demanded by the collector thereof. 2. All tolls and dues imposed under this Part shall be re- Recovery. coverable, with costs, in any court of competent jurisdiction by the collector or person appointed to receive the same, in his own name, or in the name of His Majesty, and by any form of proceeding by which debts to the Crown are recoverable. 3. The goods on board of any steamboat, vessel, raft, crib Goods on or other craft, and the animal or animals attached to any boarJ habl ° carriage or vehicle, and the goods contained therein, to whom- soever the same belong, shall be liable for any tolls, dues or penalties imposed and levied under this Part and they, or any of them, may be seized, detained and sold in the same manner as the steamboat, vessel, raft, crib or other craft, carriage or vehicle in which they are or to which they are attached, as if they belonged to the person violating any such regulation, sav- ing the recourse of the real owner thereof against such person who is deemed the owner for the purposes of this Act. U.S., c. 36, s. 21. 25. His Majesty's officers and soldiers, being in proper HisMajesty '^ uniform, dress or undress, except when passing in any hired tlo ops or private vehicle, and all carriages and horses employed in His Majesty's service, when conveying persons or baggage, shall be exempted from payment of any tolls on using or travelling over any road or bridge under the control of the Minister. U.S., c. 36, s. 22. 26. All tolls, dues or other revenues imposed and collect- Tol j s to be ed on public works, shall be paid by the persons receiving paid to the same to the Minister of Finance in such manner and at y\ u ' such intervals as he appoints, but such intervals shall, in no can.e, exceed one month. R.S., c. 36, s. 23. 27. The Governor in Council may order the tolls at the t,,u. s on several gates erected on any public road or bridge vested public roada in the Crown to be let to farm, under such regulations and to farm. by such form of lease as he thinks expedient; and the lessee or farmer of such tolls, or any person he appoints, may demand and take such tolls, and proceed for the recovery of the same in the name of such lessee or farmei*, in case of non-payment or evasion thereof, in the same manner and by the same means as are given by law to any collector of tolls or otlu-r person authorized to collect the same. R.S., c. 36, s. 24. REGULATIONS. 28. The Governor in Council may, from time to time, make Governor in such regulations as he deems necessary for the management, ~°ui may o J > o in ike. 42 657 maintenance, R.S.,1906. Chap. 39. Public Works. Part I. Imposing penalties. Authorizing seizure and sale. Proviso. Surplus proceeds. maintenance, proper use and protection of all or any of the public works or for the ascertaining and collection of the tolls, dues and revenues thereon ; and may by such regulations, — (a) impose such penalties not exceeding in any one case four hundred dollars for any violation of any such regu- lation as he deems necessary for ensuring the observance of the same and the payment of the tolls and dues imposed under the authority of this Part; (b) provide for the non-passing or detention and seizure at the risk of the owner of any steamboat, vessel or other craft, carriage, animal, limber or goods on which tolls or dues have accrued and have not been paid, or in respect of which any such regulations have been violated or any injury done to such public works and not paid for, or for or on account of which any penalty has been incurred and re- mains unpaid, and for the sale thereof if such tolls, dues, damages or penalty are not paid by the time fixed for the purpose, and for the payment of such tolls, dues, damages or penalty out of the proceeds of such sale : Provided that no such regulation shall impair the right of the Crown to recover such tolls, dues, damages or penalty in the ordinary course of law. 2. The surplus proceeds of any such sale, if any, shall be returned to the owner or his agent. U.S., c. 36, ss. 25 and 26. OFFENCES AND PENALTIES. Disobeying regulations. Causing injury. 29. Every one who is an officer or servant of or a person employed by the Minister on any public work, and who wilfully or negligently violates any by-law, order or regulation of the Department, or any order in council lawfully made or in force respecting the public work on which he is employed, and of which a copy has been delivered to him, or has been posted up or open to his inspection in some place where his work or his duties, or any of them, are to be performed, if such violation causes injury to any property or to any person, or exposes any property or any person to the risk of injury, or renders such risk greater than it would have been but for such violation, although no actual injury occurs, is guilty of an indictable offence, and shall, according as the court before which the conviction is had considers the offence prored to be more or less grave, or the injury or risk of injury to person or property to be more or less great, be liable to a penalty not exceeding four hundred dollars, or to imprisonment for a term not exceeding five years, or to both penalty and imprisonment in the discretion of the court. R.S., c. 36, s. 27. Not causing 39, If such violation does not cause injury to any pro- injury. J J . J . f , perty or person, or expose any property or person to the risk ol 658 injury R.S., 1906. Part I. Public Works. Chap. 39. 9 injury, or make such risk greater than it would have been but for such violation, the officer, servant or other person guilty thereof shall incur a penalty, not exceeding the amount of thirty days' pay and not less than fifteen days' pay of the offender from the Department, in the discretion of the justice of the peace before whom the conviction is had; and such penalty shall be recoverable, with costs, before any one justice of the peace having jurisdiction where the offence has been committed or where the offender is found. U.S., c. 36, s. 28. 31. A moiety of every pecuniary penalty recovered under Application either of the two sections last preceding shall belong to His pe^Hios.*" y Majesty for the public uses of Canada, and the other moiety shall belong to the informer, unless lie is an officer or a servant of or person in the employ of the Minister, in which case the whole penalty shall belong to His Majesty for the uses afore- said. K.S., c. 36, s. 29. RECOVERY OF DUES AND PENALTIES. 32. All pecuniary penalties imposed by this Part, or by Penalties any regulation made under the authority thereof, shall be under Crimi- recoverable, with costs under Part XV. of the Criminal Code, nal Code - before any justice of the peace for the district, county or place in which the offence was committed, and if sufficient distress cannot be found, and such penalty is not forthwith paid, such justice may, by warrant under his hand and seal, cause the person offending to be imprisoned for such term as such justice directs, not exceeding thirty days, unless such penalty and costs are sooner paid. 2. Such penalties shall, except as hereinbefore provided, Applica- belong to His Majesty, for the public uses of Canada. R.S., c. 36, s. 30. 33. All tolls and dues on timber passing any slide, and, Tolls and notwithstanding anything in the last preceding section con- P enalt,e9 - tained, all penalties for violating any regulation respecting such slides, or for non-payment of such tolls and dues, may be enforced, imposed and collected by and before any justice of the peace within any district or county in Canada in which the timber respecting which such tolls or dues, or the person from whom such payment or penalty is demanded, happens to be at the time when application is made to such justice to enforce payment of the same. R.S., c. 36, s. 30. REPORT. 34. The Minister shall make and submit to the Governor Annual. General an annual report on all the works under his control, which shall be laid before both Houses of Parliament, within 42^ 659 twenty-one R.S.,1906. 10 Chap. 39. Public Works. Part II. twenty-one days after the commencement of the session, show- ing the state of each work and the amounts received and expended in respect thereof, with such further information as is requisite. R.S., c. 36, s. 37. PART II. GENERAL. Transfer of manage- ment of work. 35. The Governor in Council may at any time transfer the management, charge and direction of any public work, or any power, duty, or function with respect to any work or class of works, whether public or private, which is assigned to, or vested by statute in, any minister or department, to any other minister or department; and from the date appointed . for that purpose by the Governor in Council, such power, duty, or function shall be transferred to, and vested in such other minister or department ; and the provisions of this Act, so far as they are applicable shall apply to any work or property the maintenance, repair, control or management of which is trans- ferred under this section. 2. Any such transfer may from time to time be made although the subject-matter thereof has theretofore been trans- ferred from one department to another under the authority of this section. 3 E. VII., c. 53, s. 1. Tenders to be invited for works. Powers of Governor in Council in R.S., 1906. 36. Whenever any works are to be executed under the direc- tion of any department of the Government, the Minister having charge of such department shall invite tender^ by public adver- tisement for the execution of such works, except in cases, — (a) of pressing emergency in which delay would be injurious to the public interest; or, (b) in which from the nature of the work it can be more expeditiously and economically executed by the officers and servants of the department ; or, (c) where the estimated cost of the work is less than five thousand dollars and it appears to the minister, in view of the nature of the work, that it is not advisable to invite tenders. 2. Whenever in case of any work tenders are required to be or are invited, the minister having charge of the department concerned shall submit all tenders received therefor to the Governor in Council and the contract for the work shall be awarded under the direction of the Governor in Council. 3 E. VII., c. 52, s. 1 ; 4-5 E. VII., c. 7, s. 1 ; c. 32, s. 1 ; c. 37, s. 1. 37. If at any time a doubt arises whether the management, charge and direction of any public work belongs to the Minister 660 of Part II. Public Works. Chap. 39. 11 of Public Works or to the Minister of Railways and Canals, the cases of question shall be decided by the Governor in Council, and the doubt ' works and property which shall be under the management, charge and direction of either minister may, from time to time, be determined in like manner. 2. The Governor in Council may determine by which min- Idem, ister any power vested in the Minister of Public Works on the fifteenth day of May, one thousand eight hundred and seventy- nine, shall be exercised. U.S., c. 36, s. 8. • 38. Every public road or bridge declared by proclamation Works not of the Governor in Council, under the authority of Part I. of ? n 1 er 4 . con " 1 ■ A 11 11 l r ° °* an y this Act, to be no longer under the management and control of minister, how the Minister of Public Works, and not by or under the author- " 1;iin tained. ity of this Act or any other Act placed under the control and management of any other minister or department shall be under the control of and shall be maintained and kept in repair by the municipal or other authorities of the locality and the road offi- cers thereof, in like manner as other public roads and bridges (herein under their control. R.S., c. 36, s. 16. 39. Notwithstanding anything in this Act, or in any other Works not Act contained, any public work not required for public purposes behold. "^ may be sold or leased, under the authority of t\\e Governor in Council; and the proceeds of such sale or lease shall be accounted for as public moneys : Provided that such public work shall be so sold or leased by tender or at auction after public advertisement, unless it is otherwise authorized by the Governor in Council. 58-59 V., c. 36, s. 1. 40. All contracts, bonds, agreements or leases for or respect- Provincial . . contracts ing any work or building now the property of Canada, or for enure to any tolls for the same, entered into by the Commissioner of Canada. Public Works of the late province of Canada, or by the Board of Works of the province of Nova Scotia or of the province of New Brunswick, or by any commissioners or other persons duly authorized to enter into the same, in any province of Canada, shall enure to the use of His Majesty, and may be enforced aa if they had been entered into with His Majesty under the authority of this Act. R.S., c. 36, s. 32. 41. The Governor in Council may, from time to time, require Custody of any person, or any provincial authority, having the possession ocuments - or custody of any maps, plans, specifications, estimates, reports or other papers, books, drawings, instruments, models, contract-, documents or records, which are not private property, and which relate to any public work, to deliver the same forthwith to the secretary or proper officer of the department charged with the management and control of such public work. R.S., c. 36, s. 33. 661 42. R.S., 1906. 12 Actions to enforcing contr Chap. 39. Public Works. Part II. 42. All actions, suits and other proceedings at law or in equity, for the enforcement of any contract, agreement or obli- gation in respect of any public work, may be instituted in the name of the Attorney General of Canada. U.S., c. 36, s. 31. o^reKula" ^* All proclamations, regulations or orders in council tions, etc. made under this Act, shall be published in the Canada Gazette. K.S., c. 36, s. 36. OTTAWA: Printed by Samuel Edward Dawson. Law Printer to the Kino's most Excellent Majesty. R.S., 1906. 662 CHAPTER 40. An Act respecting Tolls on Government Works for the Transmission of Timber. SHORT TITLE. 1. This Act may be cited as the Government Works Tolls Short title. Act. INTERPRETATION. 2. In this Act, unless the context otherwise requires, — Definitions. (a) ' Minister ' means the Minister of Inland Revenue ; (b ) ' works ' includes the slides, booms, dams, bulkheads, and other works and improvements for facilitating the transmission of timber and lumber down any river or stream, which is under the control of the Government of Canada ; (c) ' collector of tolls and dues ' includes every officer au- thorized by competent authority to receive any tolls, dues or charges whatsoever, payable by any person using or taking advantage of any works to which this Act applies. R.S., c. 98, s. 1. CONTROL. 3. The collection of tolls and dues on any timber, lumber Minister to or saw-logs passing through or using any works to which this contr °l- Act applies, shall be under the control of the Minister. R.S., c. 98, s. 2. REGULATIONS. 4. The Governor in Council may, from time to time, make Relating to regulations as respects matters relating to such works as afore- works - said, and not specially provided for by this or any other Act, and for fixing the rates of toll and the dues to be charged for Tolls. the use of any such works, or of any series of such works, the rates in such latter case to be denominated through rates, and providing for the manner in which such tolls and dues shall be Penalties, ascertained and collected, and also for imposing fines and penalties for any violation of such regulations, not exceeding, in any one case, five hundred dollars. R.S., c. 98, s. 3. 663 5. R.S., 1906. Chap. 40. Government Tolls. Statements to be veri- fied. 5. The Governor in Council may make regulations authoriz- ing a collector of tolls and dues on any works, in any case or class of cases specified in the regulation, to require any asser- tion of fact or any statement in relation to any matter to which this Act or any regulation made under it relates, to be verified by the oatli of the person making such assertion of fact or state- ment ; and the oath so authorized may be administered by any judge or clerk of any county or circuit court, or any justice of the peace, or any commissioner for taking affidavits for use in any court in Canada, or by the collector of tolls and dues. T\S., c. '98, s. 4. Tolls and dues a first charge. Liability of timber for tolls. LIEN FOR TOLLS. 6. All tolls and dues chargeable for the transmission of timber, lumber or saw-logs through or over any works shall be a first charge or lien on all or any part of such timber, lumber or saw-logs. 2. Every portion of any such timber, lumber or saw-logs so transmitted shall be liable for the whole or any portion of such tolls and dues wheresoever and so long as the same is found and whether it is or is not converted into deals or boards : Pro- vided that no part of any such timber, lumber, saw-logs or the product thereof bona fide sold, assigned, or transferred shall in addition to the costs, if any, incurred in enforcing the claim for such toll?: or dues be liable for more than double the tolls or dues to which it would proportionately to and as a part of the whole of such timber, lumber or saw-logs have been liable in case such tolls and dues were being realized from the whole of such timber, lumber or saw-logs. U.S., c. 98, s. 5. Lien not affected by transfer. 7, All officers or agents, employed in the collection of such tolls and dues, and all persons acting under the authority of such officers or agents may follow all such timber and may seize and detain the same wherever it is found, until the tolls and dues thereon are paid or secured, as provided by this Act or by any regulation made thereunder. U.S., c. 98, s. 5. 8. In case of the Crown having any claim or lien under this Act on any timber, lumber or saw-logs or on any sawn lumber whether such claim or lien in respect to such sawn lumber was originally on such sawn lumber or on timber, lumber or saw-logs out of which the fame was sawn, no transfer, assignment, sale, mortgage or delivery to any person or any change of owner shall affect in any respect such claim or lien, saving always the right of any innocent holder of any remedy he has at law against the person from whom he received any such timber, lumber, saw- logs or sawn lumber. R.S., c. 98, s. 5. If any timber, lumber or saw-logs, in respect of which have been converted into sawn If product is 9, 5h« ttobU tolls or dues are chargeable R.S., 1906. 664 lumber Government Tolls. Chap. 40. 3 lumber and placed in any yard or piling ground with other the whole sawn lumber, in such way that the identity thereof cannot liable - be ascertained, all the sawn lumber in such yard or piling ground shall be deemed to be the product of timber, lumber or saw-logs which have passed over or through works to which this Act applies, and shall be liable for all tolls and dues with which the timber, lumber or saw-logs, the product of which has been so placed with other sawn lumber in such yard or piling ground, are chargeable. R.S., c. 98, s. 6. COLLECTION OF TOLLS. 10. If any timber, lumber or saw-logs, or product thereof, Sale of tim- seized and detained for non-payment of tolls, dues, penalties, ;f tolls and expenses and costs remains more than thirty days in the cus- du ?| not tody of the collector or person appointed to guard the same, without the tolls, dues, penalties and expenses being paid, the Minister may order a sale of the said timber, lumber or saw- logs, or product thereof, to be made after such notice as he deems sufficient; and the balance of the proceeds of such sale, after retaining the amount of tolls, dues, penalties and expenses incurred, shall be paid to the owner or person claiming such timber, lumber or saw-logs, or product thereof; and if a suffi- cient sum is not realized from such sale to defray such tolls, dues, penalties and expenses, the amount remaining unpaid shall be recoverable, with costs, in any court of competent juris- diction, by the collector of tolls and dues in his own name, or in the name of His Majesty: Provided that the whole amount of tolls and penalties shall be recoverable in like manner, with costs, from the owner or person in possession of such timber, lumber or saw-logs, or product .thereof, by the collector of tolls and dues, if he, with the permission of the Minister, chooses that method of collection. R.S., c. 98, s. 7. 11. Any officer or person who seizes timber, lumber or saw- Officer seiz- logs, or any product thereof, in the discharge of his duty under IS'L^S^E this Act may, in the name of His Majesty, call in any assist- ance necessary for securing and protecting the property so seized. R.S., c. 98, s. 8. 12. All collectors of Customs, officers of canals, and all Other officers other Government officers, when requested so to do, shall co- operate with the collector of tolls and dues and his assistants, with the view of preventing the transport of timber, lumber or saw-logs, and the products thereof, until the tolls and dues thereon are secured. R.S., c. 98, s. 9. BURDEN OF PROOF. 13. When any timber, lumber or saw-logs, or product there- burden of of, are seized for non-payment of tolls, dues or penalties or any J}, 1 ™* °* £* y " prosecution is brought for tolls, dues or penalties under this <>n owner or 665 Act, clnimant - R.S., 1906. Chap. 40. Government Tolls. Act, and any question arises whether the tolls, dues or pen- alties have been paid on such timber, lumber or saw-logs, or product thereof, or whether the same are liable to tolls, dues or penalties for having used the works in respect of which the same are charged, the burden of proving payment or that the works were not used, shall lie on the owner or person claiming such timber, lumber or saw-logs, or product thereof, and not on the officer seizing the same or instituting such prosecution. R.S., c. 98, s. 11. Release of timber on security. RELEASE ON SECURITY. 14. The collector of tolls and dues may, with the sanction of the Minister, release from seizure any timber, lumber or saw- logs, or product thereof, seized under this Act, and deliver the same to the alleged owner, on receiving security by bond, with two good and sufficient sureties, satisfactory to him, to pay double the amount claimed as chargeable in respect of such timber, lumber or saw-logs, or product thereof; and such bond shall be taken in the name of His Majesty; and if such seizure is maintained by competent authority, the amount actually due, with interest and costs, shall be paid forthwith to the proper officer, otherwise the penalty of such bond shall be enforced and recovered. U.S., c. 98, s. 12. Returns by railway officers. Detention and forfei- ture if tolls not paid. RETURNS BY RAILWAYS. 15. All managers and officers of railways, when requested by the collector of tolls and dues so to do, shall render a correct account of all timber, lumber and saw-logs which are being forwarded by their respective railways, stating kinds and quantities, and specifying the owners thereof or by whom the same are sent. R.S., c. 98, s. 10. 16. If any such manager or officer refuses or neglects to give the information required by this Act, the collector of tolls and dues or person acting for him may, if he has reasonable cause to believe that the tolls and dues thereon have not been paid, seize and detain such timber, lumber or saw-logs, together with the cars employed in removing' them; and such cars and timber, lumber or saw-logs, shall be forfeited to His Majesty, unless it is proved that the tolls and dues on such timber, lumber or saw-logs have been paid, or that the timber, lumber or saw-logs are not liable for any such tolls or dues ; and the Minister may, in his discretion, order the same, when so for- feited, to be sold. E.S., c. 98, s. 10. OFFENCES AND PENALTIES. Refusal by 17. Every manager or officer of any railway who refuses eer to'give" or neglects to give the information required by this Act, or who information. gi ves false information, shall incur a penalty not exceeding 666 five K.S., 1906. Government Tolls. Chap. 40. 5 five hundred dollars and not less than one hundred dollars. E.S., c. 98, s. 10. 18. All fines and pecuniary penalties imposed by this Act Recov ? r y of or by any regulation made under this Act shall be recoverable Per in any court of competent jurisdiction. R.S., c. 98, s. 3. 19. All pecuniary penalties imposed by any regulation By summary made under this Act may be recovered by the collector of tolls P rocee(lings - and dues on summary conviction. R.S., c. 98, s. 7. OTTAWA: Printed by Samuel Edward Dawson, Law Printer to the King's most Excellent Majesty. 667 R.S., 1906. CHAPTER 41. An Act respecting the Militia and Defence of Canada. SHOET TITLE. 1. This Act may be cited as the Militia Act. 4 E. VII., Short title. c. 23, s. 1. INTERPRETATION. 2. In this Act, unless the context otherwise requires, — Definitions. (a) l corps ' means a military body appearing in the list of ' Corps.' establishments as a separate unit; (b) l emergency ' means war, invasion, riot or insurrection, < Emergency.' real or apprehended ; (c) ' general orders ' mean orders and instructions issued « General to the militia through or by the Adjutant General with orders -' the approval of the Minister; (d) l man ' includes a warrant officer and non-comtnissioned 'Man.' officer as well as a private ; (e) ' Militia ' means all the military forces of Canada ; ' Militia.' (f) ' Minister ' means the Minister of Militia and Defence ; ' Minister.' (g) 'on active service,' as applied to a person subject to ' On active military service, moans whenever he is enrolled, enlisted, service - drafted or warned for service or duty during an emer- gency, or when he is on duty, or has been warned for duty in aid of the civil power ; (h) ' on service ' means when called upon for the perform- ' On service.' ance of any military duties other than those specified as active service; (i) 'prescribed' means prescribed bythis Act or by regu- 'Prescribed.' lations made thereunder; (j) 'regulations' means regulations made by the Governor ' Regula- in Council under the authority of this Act; (h) 'Permanent Force* means thai portion of the Active Permanent Militia of Canada previously embodied for the purpose of providing for the care and protection of forts, ma- gazines, armaments, warlike stores and other military service, and of securing the establishment of schools for military instruction. 4 E. VII., c. 23, B. 2; R.S.. c. 11. s. 28. 6G9 3. R.S., 1906. Chap. 41, Militia. Interpreta- 3. The Interpretation Act and the last preceding section latTonl and '" of this Act shall apply to all regulations, orders and articles orders. f engagement lawfully made or entered into under this Act. 4 E. VII., c. 23, s. 3. COMMAND IN CHIEF. Command in 4, The command iu chief of the Militia is declared to con- ebitfvested ^^ and ^ ves t e d in the King, and shall he exercised and Majesty. administered by His Majesty or by the Governor General as his representative. 4 E. VII., c. 23, s. 4. Office of Minister of Militia. Duties. Deputy and officers. Militia Council. DEPARTMENT OF MILITIA. 5. There shall be a minister of Militia and Defence,' who shall be charged with and be responsible for the administration of militia affairs and of the fortifications, ordnance, ammuni- tion, arms, armouries, stores, munitions and habiliments of war belonging to Canada, including the initiative in all matters involving the expenditure of money. 2. The Governor in Council may, from time to time, make such orders as are necessary respecting the duties to be per- formed by the Minister. 4 E. VII., c. 23, s. 5. 6. The Governor in Council may appoint a deputy of the Minister and such other officers as are necessary for carrying on the business of the Department, all of whom shall hold office during pleasure. 4 E. VII., c. 23, s. 6. 7. The Governor in Council may appoint a Militia Council to advise the Minister on all matters relating to the Militia which are referred to the Council by the Minister. 2. The composition, procedure and powers of the Council shall be as prescribed. 4 E. VII., c. 23, s. 7. WORKS FOR DEFENCE. Minister to 8. The Minister shall have the control and management SfXlitery 01 including charge of the maintenance and repair, of all military buildings and buildings, and also of the construction, maintenance and repair of all forts and fortifications and other works for defence in Canada. 4 E. VII., c. 23, s. 8. forts. Occupation of property on emerg- ency. 9. Whenever an emergency exists, the officer commanding the Militia in the locality, or any officer duly authorized by him, may, subject to the regulations, enter upon and occupy with troops, or other persons, any buildings or land for defence purposes, and may dig trenches and throw up field-works on any such lands, and may fortify any buildings, and may, for the purposes aforesaid, destroy or desolate and lay waste any such buildings or lands, and destroy food, crops, fodder, stores, or other things, and slaughter live stock, or may take or cause 670 to R.S., 1906. Mttttia. Chap. 41. 3 to be taken, any such food, crops, fodder, stores or other things ; and may drive or cause to be driven, any live stock to some place of safety ; and may also impress any horses, mules, oxen or other animals required for military purposes. 2. Any person injured by the exercise of any of the pro- Compensa- visions of this section shall be compensated from the Consoli- dated Eevenue Fund of Canada. 4 E. VII., c. 23, s. 10. LIABILITY TO MILITARY SERVICE. 10. All the male inhabitants of Canada, of the age of ( f °?J? 1 ^ ti ^ n eighteen years and upwards, and under sixty, not exempt or age ' disqualified by law, and being British subjects, shall be liable to service in the Militia: Provided that the Governor Genernl Proviso, may require all the male inhabitants of Canada, capable of bearing arms, to serve in the case of a levee en masse. 2. ]STothing in this section shall prevent any male inhabitam Buglers— of Canada, under the age of eighteen years, enlisting as a bugler, exce P t,on - trumpeter, or drummer. 4 E. VII., c. 23, s. 11. 11. The following persons onlv shall be exempt from lia- Exemption . . ., . • ,i -tm-'t-l- from service. bility to service m the JYlmtia : — Members of the King's Privy Council for Canada; Judges of all courts of Justice; Members of the executive councils of provinces; Deputy ministers of the federal and provincial governments ; Clergy and ministers of all religious denominations; Telegraph clerks in actual employment; Officers and clerks regularly employed in the collection of the revenue; Wardens and officers of all public prisons and lunatic asylums ; Members of the 1ST aval Militia ; Members of the police force and fire brigade permanently employed in incorporated cities, towns and villages ; Professors in colleges and universities, and teachers in religious orders; Persons disabled by bodily or mental infirmity ; The only son of a widow, being her only support; Pilots and apprentice pilots during the season of navigation; Persons who, from the doctrines of their religion, are averse to bearing arms or rendering personal military service, under such conditions as are prescribed. 4 E. VII., c. 23, s. 12. 12. Half-pay and rehired officers of the regular forces shall Half-pay and not be required to serve in the Militia in a lower grade than "',; that of their rank in such forces. 2. No person shall be entitled to exemption unless he has, Affidavit of at least one month before he claims such exemption, filed with person daim- Ihe commanding officer within the limits whereof he resides, his [jo nB f emp " 671 affidavit. R.S., 1906. Chap. 41. Militia. affidavit, made before some justice of the peace, of the facts on which he rests his claim. 4 E. VII., c. 23, s. 12. Proof of exemption. 13. When exemption is claimed on any ground, the burden of proof shall always rest on the person claiming it. 4 E. VII., c. 23, s. 13. Exemption 14, Exemption shall not prevent any person from serving vent volun- in the Militia if he desires to serve and is not disabled by bodily teering. or menta l infirmity. 4 E. VII., c. 23, s. 14. Classes of militiamen. 15. The male population liable to serve in the Militia shall be divided into four classes: — The first class shall comprise all those of the age of eighteen years and upwards, but under thirty years, who are un- married or widowers without children; The second class shall comprise all those of the age of thirty years and upwards, but under forty-five years, who are unmarried or wi dowers without children ; The third class shall comprise all those of the age of eighteen years and upwards, but under forty-five years, who are married or widowers with children ; Fourth class. The fourth class shall comprise all those of the age of forty- five years and upwards, but under sixty years. 2. The said several classes shall be called upon to serve in tlfe order in which they are referred to in this section. 4 E. VII., c. 23, s. 15. First class. Second class. Third class. Order of service. DIVISION OF MILITIA. Division Militia. Active Militia. Reserve Militia. of 16. The Militia of Canada shall be divided into Active and Reserve Militia. 2. The Active Militia shall consist of, — (a) corps raised by voluntary enlistment; (b) corps raised by ballot. 3. The Reserve Militia shall be raised and maintained under regulations prescribed by the Governor in Council. 4 E. VII., c. 23, s. 16. PERIOD OF SERVICE. Period of service. Present corps con- tinued. 17. The period of service in time of peace shall be, — (a) for the Active Militia, three years; (b) for the Reserve Militia, such period as is prescribed. 4 E. VII., c. 23, s. 17. 18. Every corps, duly authorized previously to, and exist- ing on, the first day of [November, in the year of our Lord one thousand nine hundred and four, including the officers com- missioned thereto, shall, for the purposes of this Act, be held 672 to R.S., 1906. Militia. Chap. 41. 5 to be existing, and shall be continued as such, subject to the provisions of this Act. 4 E. VII., c. 23, s. 18. 19. ~No officer or man of an Active Militia corps, raised and Notice to be maintained by voluntary enlistment, shall be permitted to retirement, retire therefrom in time of peace, without giving to his com- manding officer six months' notice of his intention so to do. 4 E. VII., c. 23, s. 19. 20. Any person who has voluntarily enlisted, or been Discharge on called upon to serve in the Militia, shall be entitled to be dis- Jfjjkjj , 11 charged at the expiration of the term of service for which he engaged, unless such expiration occurs in time of emergency, in which case he shall be liable to serve for a further period of not more that twelve months. 4 E. VII., c. 23, s. 20. MILITARY DIVISIONS. 21. The Governor in Council may, — (a) direct that any portion of Canada shall be a military Military dis- district for the purposes of this Act, and may alter the tncts - limits of any such district ; (b) cause two or more districts to be grouped together for Grouping. the purposes of command and administration ; and, (c) divide any military districts into siibdistricts, brigade, Dividing, regimental and company divisions, as appears expedient. 4 E. VII., c. 23, s. 21. ACTIVE .MILITIA. 22. The Active Militia shall consist of such corps as are Constitution from time to time named by the Governor in Council. of cor P s - 2. The Governor in Council may, at any time, disband any Disbanding corps or portion of a corps, if he considers it advisable so to corps - do. 4 E. VII., c. 23, s. 22. 23. The following oath shall be taken and subscribed before Oath of one of such commissioned officers of the Militia as are author- ,I11,ltiamen - ized for that purpose by any general order or by regulation, or before a justice of the peace, by every person upon engaging to serve in the Active Militia: — 1 1, A. B., do sincerely promise and swear (or solemnly declare) that T will be faithful and bear true allegiance to His Majesty.' 2. Such oath shall have the effect of a written engagement Constitutes with the King, binding t lie person subscribing it to serve in the wntteu . . engagement. Militia until he is legally discharged, dismissed or removed, or until his resignation is accepted. 4 E. VII., c. 23, s. 23. PERMANENT FORCE. 24. There shall continue to be a Permanent Force which Constitution shall consist of such permanently embodied corps, not exceed- fo r £f rmanent 43 673 ing R.S.,1900. Chap. 41. Militia. ing five thousand men, enrolled for continuous service, as are, from time to time, authorized by the Governor in Council. 2. The Permanent Force shall be available at all times for general service. 3. The Permanent Force shall furnish schools of instruction for the Militia, and provide instructors therefor. 4 E. VII., c. 23, ss. 24 and 25; 4-5 E. VII., c. 22, s. 1. Regulations for enrol- ment. ENROLMENT. 25. The Governor in Council shall, from time to time, make all regulations necessary for the enrolment of persons liable to military service, and of cadets, and for all procedure in connec- tion therewith, and for determining, subject to the provisions of this Act, the order in which the persons in the classes fixed by this Act shall servo. 2. Such regulations shall have the same force and effect as if they formed part of this Act. 4 E. VII., c. 23, s. 26. Ballot when enough do not volun- teer. Number from one family. Regulations. Enrolment. Notifying men. Deciding exemptions. Ascertaining facts. General. Substitute. R.S., 1906. ENROLMENT BY BALLOT. 26. When men are required to organize or complete a corps at any time, either for training or for an emergency, and enough men do not volunteer to complete the quota required, the men liable to serve shall be drafted by ballot. 2. If there are inscribed on the Militia roll more than one son belonging to the same family residing in the same house, only one of such sons shall be drawn, unless the number of names so inscribed is insufficient to complete the required pro- portion of service men. 4 E. VII., c. J23, a 27. 27. The Governor in Council may, from time to time, make regulations, — (a) for fixing the day on which the taking of the enrolment shall be commenced in each of the several military dis- tricts respectively; (b) for notifying the men liable to be taken, or those balloted for service in any quota ; (c) for finally deciding claims of applicants for exemption, and for the administration of oaths before a commissioned officer of a corps ; (d) for ascertaining the facts in reference to claims for exemption, for medical examinations, and for the discharge of such men as are unfit to serve ; and, (e) relating to every other matter and tiling not inconsistent with this Act, and necessary to be done in the enrolling, balloting, warning and bringing into service of such num- ber of men as are required at any time. 2. Any man balloted and notified for service, may, at any rime, be exempt until again required in his turn to serve, by furnishing an acceptable substitute, on or before the day fixed 674 for Militia. Chap. 41. 7 for his appearance: Provided that if during any period of service, any man who is serving in the Active Militia as a sub- stitute for another, becomes liable to service in his own person, he shall be taken for such service, and his place as substitute shall be supplied by the man in whose stead he was serving. 4 E. VII., c. 23, s. 28. 28. Every man of the Active Militia of the first or second Full period class shall be required to complete the full period for which L^compSed! he volunteered or was balloted to serve, notwithstanding that during any such period of service he attains the limit age of thirty years, or forty-five years, as the case may be, according to his class. 4 E. VII., c. 23, s. 29. OFFICERS COMMANDING THE MILITIA. 29. There may be appointed an officer, called the General Appointment Officer Commanding, who shall hold rank not below that of offi Gene p al colonel in the Militia or in His Majesty's regular army, who mamling. may, subject to the regulations and under the direction of the Minister, be charged with the militarv command of the Militia. 2. Such officer shall have the rank of major-general in the Rank and Militia, and shall be paid at such rate, not exceeding six pay - thousand dollars per annum, as is prescribed. 3. In the event of a vacancy in the office of general officer Temporary commanding, or in the absence of that officer from Canada, command in . ins n.os6ncc the Governor may detail an officer of the headquarters staff, who shall be charged with the militarv command of the Militia. 4 E. VII., c. 23, s. 30. 30. There may be appointed an officer, who shall hold rank Inspector not below that of colonel in the Militia or in His Majesty's (!eneral - regular army, who may, subject to the regulations and under the direction of the Minister, be charged with the military inspection of the Militia. 2. Such officer shall be paid at such rate, not exceeding uia pay. six thousand dollars per annum, as is prescribed. 4 E. VII., c. 23, s. 31. 31. The duties and authority of each of the officers respect- Duties. ivelv referred to in the last two preceding Bections -hall be defined by the Governor in Council. 4 E. VII., c. 23, s. 32. 32. There shall be an adjutant general of Militia at head- Adjutant quarters who shall have the rank of colonel in the Militia, and general. shall be paid at the rate of three thousand two hundred dollars per annum. 4 E. VII., c. 23, s. 33. 33. There shall be a quarter master general at headquarters Qnarter- who shall have the rank of colonel in the Militia, and shall be maptcr , . _- -_ . , seneral. 43* 675 paid R.S.,1906. Chap. 41. Militia. paid at the rate of three thousand two hundred dollars per annum. 4 E. VIL, c. 23, s. 34. Master 34. There may be a master general of the Ordnance at head- ordnance, quarters, -who shall have the rank of colonel in the militia, and shall be paid a1 the rate of three thousand two hundred dollars per annum. 4 E. VIL, c. 23, s. 35. Staff. 35. The Governor in Council may establish a general staff, headquarters staff, and district staff, and may appoint a chief of the general staff, and such officers to the respective staffs as are deemed necessarv. and shall define their duties and au- thority. 4 E. VIL, c. 23, s. 36. District 36. In and for each of the military districts there shall be appointed by the Governor in Council, an officer called the District Officer Commanding, of rank not lower than that of lieutenant-colonel, who shall, subject to the regulations, com- mand the Militia in his district. 2. There shall also be appointed such other officers as are from time to time deemed expedient. 4 E. VIL, c. 23, s. 37. Pay of staff. 37. The pay and allowances of the officers of the general staff, headquarters staff, and district staff, not provided for by this Act, shall be fixed by the Governor in Council. 4 E. VIL, c. 23, s. 38. OFFICERS. Appointment 38. Commissions of officers in the Militia shall be granted by His Majesty during pleasure, and all warrant and non- commissioned officers shall lie appointed in such manner and shall hold such rank as are prescribed by the regulations. 4 E. VIL, c. 23, s. 39. Governor's ure by stamp. Validity. Calling into question. 39. The Governor General may cause his signature to be affixed to any commission granted or issued under this Act, by -tamping the same on such commission with a stamp ap- proved by him, and used for the purpose by his authority. 2. The signature so affixed shall be, to all intents and pur- poses, as valid and effectual as if- in the handwriting of the ( rovernor General. 3. Neither the authenticity of any such stamped signature, nor the authority of the person by whom it has been affixed to any commission, shall bo called in question except on behalf of the Crown. 4 E. VIL, c. 23, s. 40. Appointment 40. Officers of the Militia may under such regulations, as ment of are made from time to time, be appointed to corps, and may be officers. transferred to an unattached list, or may be retired with or 676 without R.S., 1906. Militia. Chap. 41. 9 without honorary rank, and may be reappointed from the Reappoint- retired list. ments - 2. ISTo officer shall he bound to serve in the Militia in a lower Grade of grade than that of the rank with which he has been retired. service - 4 E. VII., c. 23, s. 41. 41. All commissions and appointments in the Militia of As to Canada, existing on the first day of November, in the year <>! , ^ our Lord one thousand nine hundred and four, shall have the same force, effect and authority as if issued and made in the Militia under this Act. 4 E. VII., c. 23, s. 42. • 42. In time of peace no officer of the Militia shall; except Hank in time for the purpose of assuming the command of the Militia, be of Pre- appointed to a higher permanent rank than that of colonel: Provided that the temporary rank of brigadier general may be conferred upon an officer of the rank of lieutenant-colonel or colonel, while holding any command or appointment for which such rank is authorized by regulations. 4 E. VII., c. 23, s. 43. 43. Whenever the Militia is called out on active service Rank when during an emergency, the .Governor in Council may appoint c£ officers to a rank superior to that of colonel. 4 E. VII., c. 23, s. 44. 44. The honorary rank of major general may, for valuable Honorary services rendered to the country, be conferred on retirement retirement, upon colonels who have held the higher staff appointments. 4 E. VII., c. 23, s. '45. 45. The Governor in Council may make regulations, apply- Regulations ing to officers and others belonging to His Majesty's regular command! forces, and to officers of any military force of any part of His Majesty's dominions, when serving in Canada, and to officers of the militia, as to the persons to be invested as officers or otherwise with command over the militia or any part thereof, or any person belonging thereto, and as to the mode in which such command is to be exercised: Provided that command shall Proviso, not be given to any person over a person superior in rank to himself. 6 E. VIL, c. 29, s. 1. 46. Commissions of officers of the Royal Northwest Mounted Commission- Police Force serving with the Militia by order of the Gov- \founted™ ernor in Council shall for the purpose of seniority and command Police Force be considered equivalent to commissions issued to the officers Militia. * of the Militia of corresponding rank from their respective dates Seniority, according to the following --rule, that is to say: — Commissioner — as lieutenant-colonel; ^ommission- Assistant commissioner — on appointment, as major, — after Assistant three years' service, as lieutenant-colonel; doner. " Senior superintendent — as major; lerinten- 677 Other dent - R.S., 1906. 10 Chap. 41. Militia. Inspector. Burgeon. Assistant. Veterinary. Other superintendents — as captains; [nspector as Lieutenant; Senior surgeon- -the rank which his service in the Police Force would give had such service been in the Active Militia ; Assistanl surgeon — the rank which his service in the Police Force would give had such service been in the Active Militia ; Veterinary surgeon — the rank which his service'in the Police Force would give had such service been in the Active Militia. 57-58 V., c. 27, s. 10. ARMS, CLOTHING AND EQUIPMENT. Arms and 47, r r ne uniform, arms, clothing and equipment of the militia. ' Militia shall be of such pattern and design as are from time to time prescribed, and shall be issued under regulations. 4 E. VIL, c. 23, s. 48. Uniform and 4g # With the exception of mounted officers, to whom sad- officers, dlery may be issued as prescribed, officers of the Militia shall provide their own uniform and equipment. 4 E. VII., c. 23, s. 49. Responsi- bility for damages. Recovery of value of lost or damaged property. 49. The value of all such articles of public property as have become deficient or damaged, while in possession of any corps, otherwise than through fair wear and tear or unavoidable acci- dent, may be recovered by the Minister or by any other person authorized by him, from the officer in command of such corps. 2. The officer commanding any corps may recover the value of such articles of public property, or property of the corps, as have become deficient or damaged, or damaged while in posses- sion of his corps, otherwise than through fair wear and tear or unavoidable accident, from the officer, man or men responsible therefor. 4 E. VIL, c. 23, s. 50. Man leaving Canada to return property. -50. Every man serving in the Militia, who is about to leave Canada, shall first return to the captain or senior officer of his company all articles of public or corps property which he has in his possession, and obtain a written discharge from such officer, which shall be recorded in the books of the corps. 4 E. VIL, c. 23, s. 51. Uniform not worn except On duty. At drill. Target practice. Reviews. R.S., 1906. 51. No corps and no non-commissioned officer or man shall, at any time, appear in uniform or armed or accoutred, except, — (a) when actually on duty ; or, (b ) at parade or drill ; or, (c) at target practice; or, (d) at reviews or on field days or inspections ; or, 678 (e) Militia. Chap. 41. 11 (e) by permission of the commanding officer of the corps. By permis- 4 E. VIL, c. 23, s. 52. sion - DRILL AND TRAINING. 52. The Governor in Council may order the Active Militia, Annual drill, or any portion thereof, to drill or train for a period of not more than thirty days in each year. 4 E. VII., c. 23, s. 53. PAY AND ALLOWANCES. 53. Officers, warrant officers and non-commissioned officers Pav of of the Permanent Force shall be entitled to daily pay and Force. anen allowances at rates to be prescribed. 2. The Governor in Council may, from time to time, fix Governor in the sums to be paid to privates of the permanent force, regard fix. being had to length of service, good conduct and efficiency; but the ordinary pay shall not exceed the amounts following that is to say: — For privates, per diem 75 cents. Privates. For buglers under 18 years of age, per diem. . . .40 cents. Buglers. 3. Time served in His Majesty's regular forces may be Time served counted for the purposes of any regulations with regard to pay j'orcefmay and allowances in the case of non-commissioned officers and men be counted in transferred to the permanent force in connection with the taking Ci over bv the Government of Canada of the garrisons of Halifax and Esquimalt. 4 E. VIL, c. 23, s. 54; 6 E. VIL, c. 29, s. 2. 54. When on active service, during the period of annual p *£.?* active drill and training, and when otherwise on duty, the pay and allowances of officers and men of the Active Militia, other than the Permanent Force, shall be, — (a) for officers, warrant officers and non-commissioned offi- 0mcere - cers, such rates as may be prescribed ; (b) for privates, at the rate of fifty cents per diem, which Privates, rate may be increased, as prescribed, up to a maximum of one dollar per diem ; (c) an allowance of a dollar per diem, or such other rato Pay for as is prescribed, to each officer and man for every horse orses ' actually and necessarily used by him. 3 E. VIL, c. 23, s. 55. 55. Payments for the drill and training of the Militia shall Pay for drill, only be made upon proof of compliance with the regulations concerning the same. 4 E. VIL, c. 23, s. 56. 56. "When corps of the Militia are ordered to assemble in Provisions as a camp of exercise for drill and training they shall be con t0 service - sidered to be on service during the whole of the period for which they were called out, and when so assembled all ranks shall receive rations and shelter at the public expense in addi Rations. tion to their daily pay. 4 E. VIL, c. 23, s. 57. 679 RIFLE R.S., 1906. 12 Chap. 41. Militia. RIFLE RANGES AND DRILL SHEDS. Eifle ranges. 57. At or as near as possible to the headquarters of every regimental division, there may be provided a rifle range with suitable butts, targets and other necessary appliances. Inspection. 2. All such ranges shall be subject to inspection and approval before being used. 4 E. VII., c. 23, s. 58. Regulations for practice. 58. The Governor in Council may stop, at such time as is necessary during the target practice of the Militia, the traffic on any roads, not being mail roads, that cross the line of fire, and may make such other regulations for conducting target practice and registering the results thereof, and for the safety of the public, as are necessary, and may impose penalties for wilful damage to any such butts, targets and appliances. 4 E. VII., c. 23, s. 58. Compensa- tion for injuries to person or property. Exemption. Negligence. Spectator or official. Negligence of owner. 59. His Majesty shall be liable to make compensation for the death of any person, or for any injury to the person or to property, arising from the use of any such rifle range or of any rifle range under the control of the Department of Militia and Defence for target practice, carried on in accordance with the regulations of the Governor in Council in that behalf: Provided that there shall be no claim to compensation, — (a) where death or injury to the person is due to negligence on the part of the person killed or injured ; or, (b) where such person at the time death or injury was sus- tained was present as a spectator at the shooting, or for the purpose of taking part in the shooting, or in some official or other capacity in connection therewith; or, (c) in case of injury to property, where such injury is due to negligence on the part of the owner of the propertv. 4 E. VII., c. 23, s. 59. Shooting privileges. Compensa- tion. 60. For the purpose of erecting works of defence, artillery ranges, or rifle ranges, shooting privileges, without any further property right, may be acquired on land adjoining such works of defence or ranges. 2. Compensation therefor shall be subject to the provisions of the Expropriation Act. 4 E. VIL, c. 23, s. 60. Militia land not required may be dis- posed of. Application of proceeds. R.S., 1906 61. Any land now held or hereafter acquired by His Majesty for militia purposes, in connection with drill sheds, rifle ranges, armouries or such like uses, and found unnecessary to be retained therefor, may be sold or disposed of by direction of the Governor in Council. 2. If any portion of the cost of such lands, or of any building thereon, has been defrayed by the municipality in which the land is situate, a fair proportion of the proceeds, to be deter- mined by the Governor in Council, may be returned to such 680 municipality Militia. Chap. 41. 13 municipality or expended therein for other militia purposes of a permanent nature. 4 E. VII. , c. 23, s. 61. RIFLE ASSOCIATIONS AND CLUBS. 62. The Governor in Council may make regulations, — Regulations. (a) for the management of rifle associations and clubs, exist- Management, ing or hereafter formed ; (b) for prescribing the constitution, objects and duties of Constitution. such associations and clubs, and the conducting of their business and rifle meetings ; and, (c) for furnishing rifles and ammunition for the training Rifles and and practice of persons, whether thev are^or are not, mem- ammunition. bers of the Militia. 4 E. VII. , c. 23, s. 63. 63. In case of emergency the members of rifle associations 0n emer s- o j encv mem- and clubs shall become members of the Militia, and shall be bers 'become under the command of the district officer commanding ; and milltiam en. so long as the emergency exists, and until lawfully discharged, all members of such associations and clubs shall remain mem- bers of the Militia, and shall be subject to drill, training and discipline to the same extent as other members thereof. 4 E. VII., c. 21, a 64. CADET CORPS. 64. The Minister may, — (a) authorize boys over twelve years of age, who are attend- Sc j° t o1 ing school, to be formed into school cadet corps ; (b) authorize boys over fourteen years of age, and under ge ? 1 ?^ eighteen years of age, to be formed into senior cadet corps ; (c) authorize senior cadet corps, or any portion thereof, to ^-ttaehment be attached to any portion of the Active Militia for the purposes of drill and training. 4 E. VII., c. 23, s. 65. 65. All cadet corps shall be subject to the authority and 5 n r>% ot c ers under the orders of the district officer commanding. 4 E. VII., c. 23, s. Q6. 66. Cadet corps shall be drilled and trained as prescribed, r)n11 and . and may be furnished with arms, ammunition and equipment, under the conditions prescribed. 4 E. VII., c. 23, s. 67. 67. Cadet corps shall not be liable to service in iho Militia Liability to in any emergencv, save onlv in the case of a levee en masse. 8ervice - 4 E. VIL, c. 23, s. 68. CALLING OUT THE MILITIA FOR DUTY. 68. The Militia or any part thereof, or any officer or man Regulations thereof, may be called out for any military purpose other than ^ r t ^]jj"£ 681 drill ° l U.S., 1006. 14 Chap. 41. Militia. drill or training, at such times and in such manner as is pre- scribed. 4 E. VII., c. 23, s. 69. Active service. Attendance at rendez- vous. Calling of Parliament. ACTIVK SKKVH K. 69. The Governor in Council may place the Militia, or any part thereof, on active service anywhere in Canada, and also beyond Canada, for the defence thereof, at any time when it appears advisable so to do by reason of emergency. 4 E. VII., c. 23, s. 70. 70. Every member of the Militia, called out for active ser- vice, shall attend at such time and place as is required by the officer commanding him, with any arms, accoutrements, am- munition and equipment he has received, and with such pro- visions as such officer directs. 4 E. VII., c. 23, s. 76. 71. Whenever the Governor in Council places the Militia, or any part thereof, on active service, if Parliament is then separated by such adjournment or prorogation as will not expire within ten days, a proclamation shall be issued for the meeting of Parliament within fifteen days, and Parliament shall accordingly meet and sit upon the day appointed by such proclamation, and shall continue to sit and act in like man- ner as if it had stood adjourned or prorogued to the same day. 4 E. VIL, c. 23, s. 71. Command in 72. In time of war, when the Militia is called out for active time of war. ser vice to serve conjointly with His Majesty's regular forces, His Majesty may place in command thereof a senior general officer of His regular army. 4 E. VIL, c. 23, s. 72. War service period. Volunteers. Extending period by- Governor in Council. Permanent Force. 73. In time of war no man shall be required to serve in the field continuously for a longer period than one year: Pro- vided that, — (a) any man who volunteers to serve for the war, or for any longer period than one year, shall be compelled to ful- fil his engagement ; and, (b) that the Governor in Council may, in cases of unavoid- able necessity, of which the Governor in Council shall be the sole judge, call upon any militiaman to continue to serve beyond his one year's service in the field for any period not exceeding six months. 2. This section shall not apply to the Permanent Force. 4 E. VIL, c. 23, s. 73. Army Act, and regula- tions. 74. The Army Act for the time being in force in the United Kingdom, the King's regulations, and all other laws applicable to His Majesty's troops in Canada and not inconsistent with this Act or the regulations made thereunder, shall have force 682 and R.S., 1906. Militia. Chap. 41. 15 and effect as if they had been enacted by the Parliament of Canada for the government of the Militia. 2. Every officer and man of the Militia shall be subject to When in such Acts, regulations and laws,— (a) from the time of being called out for active service ; Active ( b) during the period of annual drill or training under the Ami j , ,, provisions of this Act ; (c) at any time while upon military duty or in the uniform WTien on of his corps or within any rifle range or any armoury or other place where arms, guns, ammunition or other military stores are kept, or within any drill shed or other building or place used for militia purposes ; (d) during any drill or parade of his corps at which he is During drill, present in the ranks ; (e ) when going to or from the place of drill or parade ; and, Goin e or (f) at any drill or parade of his corps at which he is present ^Tien as a spectator whether in uniform or not. spectator. 3. Officers and men of the Permanent Force and members Permanent of the permanent staff of the Militia shall at all times be sub- ject to military law. 4 E. VIL, c. 23, s. 74. 75. Whenever any officer, non-commissioned officer or man Officers and of the Royal Northwest Mounted Police Force is serving with Mounted ¥ the Militia by order of the Governor in Council, every such Police when officer, non-commissioned officer and man shall be subject to the Maitia. this Act in the same manner and to the same extent as the Militia. 57-58 V., c. 27, s. 10. 76. Every officer or man charged with any offence com- Trial by mitted while serving in the Militia, shall, while so serving, be ^hSe m liable to be tried by court martial, and if convicted to be serving, punished therefor. 2. Every such officer or man so charged with any offence After dis- notwithstanding he has been discharged from the Militia, offence while or that the corps to which he belongs or belonged is relieved serving. from active service, may be tried, convicted and punished by court martial for such offence, within six months after so dis- charged, or after such corps is so relieved from active Bervice. 3. Anv officer or man of the Militia may be tried by courl Trial for .,',., . P ■, . -. . desertion. martial for the crime ol desertion at any time, without refer- ence to the length of time which has elapsed since his deserl ion. 4 E. VIL, c. 23, s. 75. 77. Every member of the Militia culled out for active ser- Absent over vice who absents himself without leave from his corps, for a S( longer period than seven days, may be tried by court martial as a deserter. 4 E. VIL, c. 23, s. 77. 78. When any officer or soldier is killed on active Bervice, Provision for or dies from wounds or disease contracted on active service, drill men killed* 683 or R.S., 1906. 16 Chap. 41. Militia. or training, or on duty, provision shall be made for his wife and family out of the public funds at the prescribed rates. 4 E. VIL, c. 23, s. 78. And for men 79. Every case of permanent disability, arising from in- disabled. 11 juries received or illness contracted on active service, drill or training, or on duty, shall be reported on by a medical board and compensation awarded, under such regulations as are made, from time to time, by the Governor in Council. 4 E. VII., c. 23, s. 79. AID OF THE CIVIL POWER. Militia may 80. The Active Militia, or any corps thereof, shall be liable to suppress 1 * to ^ e ca H e d out, within or without the municipality in which riot. such corps is raised or organized, for active service, with their arms and ammunition, in aid of the civil power, in any case in which a riot or disturbance of the peace requiring such service occurs, or is, in the opinion of the civil authority hereinafter designated in that behalf, anticipated as likely to occur, and, in cither case, beyond the powers of the civil authorities to suppress, or to prevent or deal with. 4 E. VIL, c. 23, s. 80. Officers to 81. The district officer commanding in any locality, if he militia 1 * * s P resen t in the locality and able to act, or if he is not so pre- sent, or from sickness or other cause is unable to act, the senior officer of the Active Militia in any locality, not from sickness or other cause unable to act, shall call out the Active Militia, or such portion thereof as he considers necessary for the purpose of preventing or suppressing any such actual or anticipated riot or disturbance, when thereunto required in writing by the civil Proviso as to authority hereinafter designated in that behalf: Provided that F e rce! nent so ^ ar as ^ e Permanent Force is available, a sufficient number of the Force is to be employed upon the duty of preventing or suppressing such actual or anticipated riot or disturbance before recourse is had to other militia corps, and shall replace such other militia corps if so called out upon duty so soon as and to the extent (lie Permanent Force shall thereafter become avail- able. 4 E. VIL, c. 23, s. 81. Who may 82. If the place where such riot or disturbance occurs or is Son e in e deal with) and requiring the aid of the Active Militia to that end, has occurred and is in progress (or is anticipated as likely to occur) at (Where the head of the municipality, etc., has declined or is unable to join in the requisition, say) And whereas the warden (or as the case may be) of the has declined (or is unable through ) to join in this requisition: These are therefore to require you to call out the Active Militia present in or such portion thereof as you I consider necessary for the purpose of suppressing (or pre- venting, or dealing with) such riot or disturbance. CS5 Dated K.S., 190G. 18 Chap. 41. Dated at Militia. , this day of ,19 Warden, etc. (or as the case may be) or J. P. J. P. J. P. 4 E. VII., c. 23, s. 83. \\ hat requisi- 87. In every such requisition in writing, as aforesaid, it B how. shall be stated that a riot, or disturbance, has occurred, or is anticipated, and that the service of the Active Militia is required in aid of the civil power. 4 E. VII., c. 23, s. 84. Officers and 88. The officers and men of such Active Militia when so special con- * called out, shall, without any further or other appointement, si ibles. and without taking any oath of office, be special constables, and shall be held to act as such so long as they remain so called out; but they shall act only as a military body, and shall 1>p individually liable to obey only the orders of their Militia superior officer. Duty. 2. Every officer and man of such Active Militia or such por- tion thereof, shall, at all times when and while so called out, obey the orders of his superior officer. 4 E. VII., c. 23, s. 85. Payment by municipality for service. Transport, lodging and Btabling. Recovery of pay. 89. When any of the Militia are so called out in aid of the civil power, the municipality in which their services are re- quired shall pay them, when so employed, the rates authorized to be paid for active service to such officers and one dollar per diem for each man, and one dollar and fifty cents per diem for each horse actually and necessarily used by them, together with an allowance of one dollar to each officer and fifty cents to each man per diem in lieu of subsistence, and fifty cents per diem in lieu of forage for each horse, and, in addition, shall pay the cost of transport and provide them with proper lodging, and with stabling for their horses. 2. The said pay and allowances for subsistence and forage and the cost of transport, and the cost or value of lodging and stabling, unless furnished in kind by the municipality, may be recovered from it by His Majesty in any court of competent jurisdiction. 4 E. VII., c. 23, s. 8G. As to ad- 90. Such pay and allowances of such of the Militia as are Government, called out, together with the reasonable cost of transport, shall, pending payment by the municipality, be advanced in the first instance out of the Consolidated Revenue Fund by authority of the Governor in Council; but such advance shall not inter- fere with the liability of the municipality, for such pay, allow- ances and cost of transport which may be at once recovered as a debt due to the Crown by the municipality. 4 E. VIL, c. 23, s. 87. 686 BILLETING E.S., 1906. Militia. Chap. 41. 19 BILLETING OF TH.T MILITIA. 91. The Governor in Council may make regulations for Regulations, the quartering, billeting, and cantoning of the Militia, and may, by such regulations, impose penalties, not exceeding fifty dol- lars, for any breach thereof. 4 E. VII., c. 23, s. 88. 92. Nothing in this Act or the regulations shall authorize Militia not to the quartering or billeting of the Militia, or any part thereof, ■£ jJJ5se*f" ed in any house occupied solely by females, or oblige the occupiers occupied by of any such house to receive the Militia, or any part thereof, solely. or to furnish them with lodging or house room. 4 E. VII., c. 23, s. 89. TRANSPORT. 93. The Governor in Council may make regulations requir- Regulations ing any person in whom any railway, tramway, boat, barge, port, scow, or steamship or other vessel, or any wagon, carriage or pack animal is vested, or any employee of any such person, to convey to and from any point or place, any portion of the Militia, together with such of their horses, guns, ammunition, forage, baggage and stores, as may be required to be carried or conveyed ; and such person or employee shall thereupon provide Compliance the necessary engines, carriages, trucks and rolling stock, boat, com P ulsor y- barge, scow, steamship, or other vessel, or pack animals, to- gether with the persons and materials necessary for their use, within a reasonable time before such order is to be complied with. 4 E. VII., c. 23, s. 90. 94. The rates of hire or recompense for the transport of Recompense. Militia, or any portion thereof, and their horses, guns, am- munition, forage, baggage and stores, shall be fixed by the Governor in Council. 4 E. VII., c. 23, s. 92. 95. When the Governor in Council declares that an emer- Government gency has arisen in which it is expedient for the public service ma y ta . ke that the Government should have control of the railways in railways on Canada, or any of them, the Minister may, by warrant under emergency, his hand, empower any person or persons named in such war- rant to take possession, in the name or on behalf of His Majesty, of any railway in Canada, and of the plant belonging thereto, or of any part thereof, or to take possession of any plant with- out taking possession of the railway itself, and to use it for His Majesty's service at such times and in such manner as the Minister directs; and the directors, officers and servants of Minister such railway shall obey the directions of the Minister as to irec the use of the railway or plant as aforesaid for Tiis Majesty's service. 2. Any such warrant granted by the Minister shall remain Duration of in force so long as, in the opinion of the Minister, the em- control, ergency exists. 4 E. VII., c. 23, s. 93. 687 96. E.S., 1906. 20 Chap. 41. Militia. Compensa- tion to owners. Savins as to existing contracts. 96. There shall be paid to any person whose railway or plain is taken possession of in pursuance of this Act, out of moneys to be provided by Parliament, such full compensation, for any loss or injury he sustains by the exercise of the powers of the Minister under the last preceding section, as is agreed upon between the Minister and (he said person, or, in case of difference, as is fixed upon reference to the Exchequer Court of Canada. -1 E. VII., c. 23, s. 94. 97. Where any railway or plant is taken possession of in the name or on behalf of His Majesty in pursuance of this Act, all contracts and engagements between the person whose rail way is so taken possession of and the directors, officers and servants of such person, or between such person and any other person, in relation to the working or maintenance of the rail- way, or in relation to the supply or working of the plant of the railway, which would, if such possession had not been taken, have been enforceable by or against the said person, shall, dur- ing the continuance of such possession, be enforceable by or against the Government of Canada. 4 E. VII., c. 23, s. 95. < 'ourts of inquiry. Courts martial Composition of courts. Remunera- tion. COURTS OF INQUIRY AND COURTS MARTIAL. 98. The Governor in Council may convene courts of inquiry, and appoint officers of the Militia to constitute such courts, for the purpose of investigating and reporting on any matter connected with the government or discipline of the Militia, or with the conduct of any officer or man of the force; and may, at any time, convene courts martial and delegate power to con- vene such courts, and to appoint officers to constitute them, for the purpose of trying any officer or man of the Militia for any offence under this Act, or for the purpose of trying any other person punishable under this Act, and may also delegare power to approve, confirm, mitigate or remit any sentence of any such court. 4 E. VIE, c. 23, s. 96. 99. The regulations for the composition of courts of inquiry and courts martial, and the modes of procedure and powers thereof, shall be the same as the regulations which are at the time in force for the composition, modes of procedure and powers of courts of inquiry and courts martial for His Majesty's regular army, and which are not inconsistent with this Act or the regulations made thereunder. 4 E. VIE, c. 23, s. 97. 100. The remuneration of persons attending such courts may be fixed by the Governor in Council. 4 E. VIE, c. 23, s. 98. Attendance 101. Every person required to give evidence before a court of witnesses. martia i mav in fae prescribed manner be summoned, or ordered to attend. 4 E. VII., c. 23, s. 99. 688 102. R.S., 1906. Militia. Chap. 41. 21 102. If any person, being a citizen or subject of any foreign Courts state or country at peace with His Majesty, is or continues in ™[ f * r ^"j arms against His Majesty, within Canada, or commits any act of foreigners, of hostility therein, or enters Canada with design or intent to levy war against His Majesty, the Governor in Council may order the assembling of a militia general court martial for the trial of such person, under the Militia Act. 2. Upon being found guilty by such court martial of offend- Sentence, ing against the provisions of this section, such person shall be sentenced by such court martial to suffer death, or such other punishment as the court awards. R.S., c. 146, s. 6. 103. Every subject of His Majesty, within Canada, who Courts levies war against His Majesty, in company with any of the ^aMor Trial subjects or citizens of any foreign state or country then at peace of subjects, with His Majesty, or enters Canada in company with any such subjects or citizens with intent to levy war on His Majesty, or who, with the design or intent to aid and assist, joins himself to any person or persons whomsoever, whether subjects or aliens, who have entered Canada with design or intent to levy war on His Majesty, may be tried and punished by a militia general court martial, in the same manner as any citizen or subject of a foreign state or country at peace with His Majesty may be tried and punished under the last preceding section. R.S., c. 146, s. 7. 104. No sentence of any general court martial shall be Sentence carried into effect until approved by the Governor in Council, approval* 4 E. VII., c. 23, s. 101. EVIDENCE. 195. The production of a commission or appointment, war- Proof of com- rant or order in writing, purporting to be granted or made tmssionB - according to the provisions of this Act, shall be prima facie evidence of such commission or appointment, warrant or order, without proving the signature or seal thereto, or the authority of the person granting or making it. 4 E. VII., c. 23, s. 133. 106. A copy of the Canada Gazette purporting to contain Proof of General Orders issued to the Militia shall be evidence of such P° neral orders. 4 E. VII., c. 23, s. 131. S " 107. A record in the books of the corps of any man serving Proof of in the Militia, of his having received and not having returned property!" " f any articles of public clothing, or other public or corps property, shall be evidence that the same are in his possession. 4 E. VII., c. 23, s. 51. 44 689 off i kt< R.S., 1906. 2-2 Chap. 41. M ilitia. Medical prac- titioner sign- ing false certificate. Forging stamped sig- nature of Governor General. Penalty. OFFENCES AND PENALTIES. 108. Every medical practitioner, who signs a false certifi- cate in respect of any case of permanent disability, arising from injuries received or illness contracted on active service, drill, or training, or on duty, coming before a medical board for report, shall incur a penalty of four hundred dollars. 4 E. VIL, c. 23, s. 79. 109. The forging or counterfeiting of any stamped signa- ture of the Governor General, in use for stamping commissions granted or issued under this Act, or the uttering thereof, know- ing it to be forged or counterfeited, shall be an indictable offence, punishable in like manner as the forgery of the privy seal or seal-at-arms of the Governor General. 4 E. VIL, c. 23, s. 40. Leaving 110. Every person who leaves Canada with any article of militia 1 W public clothing or other public or corps property in his posses- property, sion, is guilty of theft, and may be tried therefor at any time. 4 E. VIL, c. 23, s. 51. Claiming pay 111. Any officer who knowingly, — performed ( a ) claims pay on account of any drills performed with irregularly. n i s CO rps for any man belonging to any other corps ; or, (b) claims pay for officers or men not present ; or, (c) includes in any parade state, or other return, the name of any person not duly enlisted; is guilty of an indictable offence. 2. Every man who claims, or has received pay on account of any drill performed in the ranks of any other than his own proper corps, or in more than one corps in any one year is guilty of an indictable offence. 4 E. VIL, c. 23,'s. 102. Unlawfully 112. Any officer or man who obtains by means of any false of others. Pay pretense, or who unlawfully retains or keeps in his possession, any of the pay or moneys belonging to any other officer or man, is guilty of an indictable offence. 4 E. VIL, c. 23, s. 103. Receiving pay in such case. False returns. "Refusing iequired in- formation or giving false information. R.S., 1906. 113. Any officer or man, who knowingly signs a false parade state, roll or pay-list, or any false return whatsoever, is guilty of an indictable offence. 4 E. VIL, c. 23, s. 104. 114. Every person of whom information is required by any officer making any roll, in order to enable such officer to comply with the provisions of this Act, who when applied to by such officer, — (a) refuses to give such information; or, (b ) gives false information ; or, (c) refuses to give his own name and or, 690 proper information; (d) Militia. Chap. 41. 23 (d) gives a false name or false information; shall, — (a) for each item of information demanded and refused; ( b) for each item of information falsely stated ; (c) for refusing to give his own name or proper informa- tion; or, (d) for giving a false name or false information ; incur a penalty not exceeding twenty dollars. 4 E. VII., c. 23, Penalty. s. 105. 115. Every officer and every man of the Militia who refuses Refusing to or neglects to make any enrolment or ballot, or to make or trans- ™J^ ^ ro1 ' mit, as herein prescribed, any roll or return or copy thereof, ballot, required by this Act or by the regulations, shall incur a penalty, Penalty. if an officer, not exceeding fifty dollars, and, if a man, not exceeding twenty-five dollars, for each offence. 4 E. VII., c. 23, s. 106. 116. Every man drafted for service in the Militia, who Men drafted refuses or neglects to take the oath or to make the declaration be "worn. hereinbefore prescribed, when tendered to him by a justice of the peace or by any commissioned officer duly authorized for that purpose, shall on summary conviction before two justices of the peace be liable to imprisonment for a term not exceeding penalty. six months, and for every subsequent neglect or refusal to a further imprisonment not exceeding twelve months. 4 E. VII., c. 23, s. 107. 117. Every officer and man of the Militia, and every per- Personation son whatsoever, who at any parade, or on any other occasion on para e- for any of the purposes required by this Act, falsely personates another is guilty of an indictable offence, and liable to a fine Penalty. not exceeding one hundred dollars. 4 E. VII., c. 23, s. 108. 118. Every officer and man of the Militia who refuses or Refusing to neglects to assist his commanding officer in making any roll n ^j.f n(T m ru ] Is or return, or refuses or neglects to obtain or to assist him in obtaining any information which he requires in order to make or correct any roll or return, shall incur a penalty, if an officer not exceeding fifty dollars, and if a man, not exceeding twenty- Tenalty. five dollars, for each offence. 4 E. VII., c. 23, s. 109. 119. Every person required by this Act + o give to the com- Or to give manding officer of any company, or to any officer or non-com- f^m^ring missioned officer thereof, any notice or information necessary them. for making or correcting the roll of any company, who refuses or neglects to give such notice or information to any such officer, demanding it at any reasonable hour and place, shall incur a penally of ten dollars for each offence. 4 E. VII., Penalty. c. 23, s. 110. 1 1 1 691 120. K.S., 1906. 24 Chap. 41, Militia. Refusing fo 120. Every officer and man of the Militia who, without Lawful excuse, neglects or refuses to attend any parade or drill or training at the place and hour appointed therefor, or who refuses or neglects to obey any lawful order at or concerning Penalty. such parade, drill or training, shall incur a penalty, if an officer, of ten dollars, and if a man of five dollars for each offence. 2. Every day's absence shall be held to be a separate offence. 4 E. VII., c. 23, s. 111. Cumulal ive absence. Hindering Militia at drill. Penalty. 121. Every person who interrupts or hinders any portion of the Militia at drill, or trespasses on the bounds set out by the proper officer for such drill, shall incur a penalty of five dollars for each offence, and may be taken into custody and detained by any person by the order of the commanding officer until such drill is over for the day. 4 E. VII., c. 23, s. 112. Disobedience or insolent behaviour. Penalty. 122. Every officer and man of the Militia who disobeys any Lawful order of his superior officer, or who when on service is guilty of any insolent or disorderly behaviour towards such officer, shall incur a penalty, if an officer, of twenty-five dollars, and if a man, of ten dollars for each offence. 4 E. VII., c. 23, s. 113. Not keeping 123. Every man who fails to keep in proper order any arms proper order, or accoutrements delivered or entrusted to him, or who appears at drill, parade or on any other occasion, with his arms or accou- tivments out of proper order, or unserviceable, or deficient in Penalty. any respect, shall incur a penalty of four dollars for each such offence. 4 E. VII., c. 23, s. 114. Unlawfully disposing of arms, or property and unlawful possession. Penalty. Arrest. As to greater offence. 124. Every person who, — fa) unlawfully disposes of or removes any arms, accoutre- ments or other articles belonging to the Crown or corps ; or, (b) refuses to deliver up any arms, accoutrements or other articles in his possession belonging to the Crown or corps when lawfully required; or, (c) has in his possession any arms, accoutrements or other articles belonging to the Crown or corps except for lawful cause, the proof of which shall lie upon him; shall incur a penalty of twenty dollars for, each offence. 2. Every such person may be arrested by order of the justice of the peace before whom a complaint is made, upon affidavit showing that there is reason to believe that such offender is about to leave Canada, carrying with him any such arms, ac- coutrements or articles. 3. Nothing in this section shall prevent such person from being indicted and punished for any greater offence, if the facts amount to such greater offence 4 E. VII., c. 23, s. 115. 692 125. E.S., 1906. Militia. Chap. 41. 25 125. Every officer and man of the Militia who, when his Refusing aid corps is lawfully called upon to act in aid of the civil power, power! refuses or neglects to go out with such corps, or to obey any lawful order of his superior officer, shall, if an officer, incur a penalty not exceeding one hundred dollars, and if a man, incur Penalty, a penalty not exceeding twenty dollars for each offence. 4 E. VII., c. 23, s. 116. 126. Every person who,— (a) resists any calling out of any man enlisted or drafted Resisting under regulations, or any process prescribed for enforc- K ovt ' ing enrolment by ballot; Or, ( b) counsels or aids any person to resist any calling out of Counselling any man, enlisted or drafted under the regulations, or under any process prescribed for enforcing enrolment by ballot, or the performance of any service in relation thereto ; or, (c) counsels or aids any man enlisted or liable to military Not to service, not to appear at the place of rendezvous ; or, appear. (d) dissuades any man enlisted or liable to military service, Dissuading, from the performance of any duty he is required by law or regulation to perform; or, (e) does any act to the detriment of any man enlisted or Acts detri- liable to military service, in consequence of his having per- formed any such duty ; or, (f) interferes with the drill or training of any corps or por- In . t ? rf f I lH g . • .i * villi drill. tion thereof ; or, (g) obstructs any corps or portion thereof, on the march or Obstructing elsewhere ; corps. sluill incur a penalty not exceeding one hundred dollars. 4 E. Penaltv - VII., c. 23, s. 117.' 127. Every person lawfully required under this Act, or the Refusal to regulations, to furnish a car, engine, boat, barge, scow, steam- (r™ s sh t ship or other vessel, wagon, carriage, or pack animal, for the conveyance or use of any portion of the Militia, who refuses or neglects to furnish it, shall be liable to a penalty not exceed- Penalty, ing five hundred dollars, and in default of payment to imprison- ment for a term not exceeding one year, with or without hard labour, or to both the penaltv and imprisonment, at the discre- tion of the court. 4 E. VIL, c. 23, s. 91. 128. Every person, not being at the time an officer or man of Unauthor- the Militia, or a member of a rifle association or club formed or ^fle range, recognized under regulations, who, without the consent of the person in charge of such rifle range, or of some person author- ized in that behalf by regulations, uses for target practice a rifle range which lias been inspected and approved, shall incur Penalty. a penalty not exceeding twenty-five dollars. 4 E. VIL, c. 23, s. G2. 693 129. R.S., 1906. 26 Militia. Chap. 41, Other viol;i' Penalty. 129. Every person who wilfully violates any provision of this Act, shall, when no other penalty is imposed for such viola- tion, incur a penalty not exceeding twenty dollars, for each offence. 2. Nothing in this section shall prevent his being indicted and punished for any greater offence if the facts amount to such greater offence. 4 E. VIL, c. 23, s. 118. PROCEDURE. Recovery of 130. Except as otherwise herein provided, every penalty incurred under this Act, shall be recoverable, with costs, on summary conviction, before one justice of the peace. Imprison- 2. In default of immediate payment on conviction, the con- ment in de- .... ' • , , fault of pay- victing justice may commit the person so convicted to the com- ment. mon g ao j £ j. ne territorial division for which the said justice is then acting, or to some lock-up situate therein, for a term not exceeding forty days, if the penalty does not exceed twenty dol- lars, and for a term not exceeding sixty days, if it exceeds that sum. 4 E. VIL, c. 23, s. 119. Prosecution against officer. 131. Xo prosecution against any officer in the Militia for any penalty under this Act or under any regulation made thereunder shall be brought, except on the complaint of the officer for the time being commanding the Militia. 2. No prosecution against any man in the Militia for any penalty under this Act, or under any regulation, shall be brought except on complaint by or in the name of the command- ing officer or adjutant of the corps or captain of the company or corps, to which such man belongs or belonged. 3. The officer for the time being commanding the said corps or company may authorize any officer of Militia to make such complaint in his name, and the authority of any such officer alleging himself to have been so authorized to make any com- plaint, shall not be controverted or called in question except by the officer commanding the said corps or company. 4. No such prosecution shall be commenced after the expira- tion of six months from the commission of the offence charged excepting for the offence of unlawfully buying, selling or having in possession arms, accoutrements or other articles belonging to the Crown or corps, or for desertion. 4 E. VIL, c. 23, s. 120. Recovery of 132. Every sum of money which any person or corporation to I C S rown able is, under this Act, liable to pay or repay to the Crown or which is equivalent to the damages done to any arms or any other property of the Crown used for military purposes, shall be a debt due to the Crown, and may be recovered as such. 4 E. VIL, c. 23, s. 121. Bonds under 133. Every bond to the Crown entered into by any person valid. C before any judge or justice of the peace, or officer of the Militia, 094 in K.S., 1906. Prosecution against men. Authority for com- plaint. Within what time. Militia. Chap. 41. 27 in conformity with any general order or regulation for the pur- pose of securing the payment of any sum of money, or the per- formance of any duty or act hereby required or authorized, shall be valid and may be enforced accordingly. 4 E. VII. , c. 23, s. 134. 134. For the purpose of legal proceedings, all moneys sub- Property of scribed by or for, or otherwise appropriated to the use of, any [^command- corps, and all arms, ammunition, clothing, equipment, musical in s officer, instruments, or other things belonging to, or used by, any corps, shall be deemed to be the property of His Majesty. 4 E. VII., C. 23, s. 129. 135. If any person who is not enrolled in the Militia is Contempt of summoned as a witness before a court martial, and, after pay- martial, ment or tender of the reasonable expenses of his attendance, makes default in attending, or, being in attendance as a wit- ness, — (a) refuses to take an oath or affirmation lawfully required Refusing by the court to be taken ; or, oath - (b) refuses to produce any document in his power or control Documents. lawfully required by the court to be produced by him ; or, (c) refuses to answer any question to which the court law- fully requires an answer; or, (d) is guilty of any contempt of the court martial by caus- Disturbance, ing any interruption or disturbance in its proceedings; the president of the court shall certify the default, refusal o\ Certifying contempt of such person under his hand to a judge of any court l0n emp ' of justice in the locality having power to punish persons guilty of like offences in that court. 2. Such court may thereupon inquire thereinto, hearing Punishment such person and any witnesses that may be produced for or against him and, if such person is found guilty, punish him in like manner as if he had committed the offence in a pro- ceeding in such court. 4 E. VII., c. 23, s. 100. EXECUTION OF WARRANTS AND SENTENCES. 136. The governor, keeper or warden of every gaol, prison Detention in or penitentiary in Canada, shall receive and detain, according gao1, to the exigency of any warrant under the hand of any district officer commanding, or other person authorized under the regu- lations to issue a warrant, any person mentioned in such war- rant and delivered into his custody, and shall confine such prisoner until discharged or delivered over in due course of law. 2. Every such governor, keeper or warden shall take cogniz- , ance of any warrant purporting to be signed by any such officer of warrant. as aforesaid. 4 E. VII., c. 23, s. 124. 695 137. R.S., 1906. 2S Chap. 41. Militia. Imprison- ment in peni- tentiary. Imprison- ment in gaol. Imprison- ment in ; place specially appointed 137. Any prisoner sentenced for any term by any military, naval or militia court martial, or by any military or naval authority under this or any Military Act, may be sentenced to imprisonment in a penitentiary. 2. If such prisoner is sentenced to a term less than two years, he may be sentenced to imprisonment in the common gaol of the district, county or place in which the sentence is pro- nounced, or if there is no common gaol there, then in that common gaol which is nearest to such locality, or in some other lawful prison or place of confinement other than a penitentiary in which imprisonment may be lawfully executed. 55-56 V., c. 29, s. 955. 138. Any ofneer or man of the Militia sentenced to be imprisoned may, if the Governor in Council by regulation or otherwise directs, be imprisoned in any place specially appointed therefor, instead of in a gaol, prison or penitentiary. 4 E. VII., c. 23, s. 125. Dace and time of actions. General issue. Tender of amends. Proviso as to costs. Notice of action. Contents of notice. ENFORCING ACT PROTECTION. 139. Every action against any officer or person, for any- thing purporting to be done in pursuance of this Act or of any regulation, shall be laid and tried in the judicial district where the act complained of was done, and shall be commenced within six months from the time of the act committed. 2. In any such action the defendant may plead the general issue and give this Act and the special matter in evidence at the trial. 3. ISTo plaintiff shall recover in any such action if a tender of sufficient amends was made before the action was brought, or if a sufficient sum of money has been paid into court by the defendant after the action was brought: Provided that where money is paid into court after action brought and with- out tender before action the plaintiff may in the discretion of the court recover costs of action down to the time of such pay- ment into court. 4 E. VII., c. 23, s. 122. 140. jSTo action shall be brought against any officer or per- son for anything purporting to be done in pursuance of this Act, or of any regulation, until at least one month after notice in writing of such action has been served npon him, or left at his usual place of abode. 2. In such notice the cause of action, and the court in which it is to be brought, shall be stated, and the name and place of abode of the claimant and his solicitor shall be endorsed thereon. 4 E. VII., c. 23, s. 123. Notice of general orders. ORDERS NOTIFICATION. 141. All general orders issued to the Militia shall be held sufficiently notified to all persons whom they concern by their insertion in the Canada Gazette. 4 E. VII., c. 23, s. 131. 696 142. R.S., 1906. Militia. Chap. 41. 29 142. Every order made by the commanding officer of any Other orders. corps of the Militia, other than the Permanent Force, shall be held to be sufficiently notified to all persons whom it concerns, by insertion in some newspaper published in the regimental division in which such corps is situated, or, if there is no such newspaper, then by posting a copy thereof in a post office, or in some other public place, in each company division affected by such order. 4 E. VII., c. 23, s. 132. 143. It shall not be necessary that any order or notice under When in this Act be in writing, unless herein required to be so, if it is communicated to the person who is to obey or be bound by it, either directly by the officer or person making or giving it, or by some other person by his order. 4 E. VII., c. 23, s. 130. REGULATIONS. 144. The Governor in Council may make regulations for Regulations carrying this Act into effect, for the organization, discipline, ^Cafmdl? 1 efficiency and good government generally of the Militia, and for anything requiring to be done in connection with the military defence of Canada. 4 E. VII., c. 23, s. 126. 145. Such regulations shall be published in the Canada Publication. Gazette; and upon being so published, they shall have the same force in law as if they formed part of this Act. 4 E. VII., c. 23, s. 127. 146. The regulations shall be laid before both Houses of Laying Parliament within ten days after the publication thereof in the Lament. Canada Gazette, if Parliament is then sitting; and, if Parlia- ment is not then sitting, then within ten days after the next meeting thereof. 4 E. VII., c. 23, s. 128. GENERAL. 147. Xd gift, sale or other alienation, or attempted aliena- Gift, sale tion, by any person, of any money subscribed by or for, or °j". ot ^ T oi otherwise appropriated to the use of any corps, or of any arms, money or ammunition, clothing, equipment, musical instruments or other e^ipment of things belonging to, or used by any corps, shall be effectual to corps. pass the property therein without the consent of His Majesty. 4 E. VII., c. 23, s. 129. 148. All sums of money required to defray any expense PaymeptBto authorized by this Act may bo ]>ai i i • salmon. Columbia. 2. In the province of British Columbia drifting with salmon nets shall be confined to tidal waters. 3. Drift nets for salmon shall be so set or used as not to obstruct more than one-third of the width of anv river. 57-58 V., c. 51, s. 2. Exception. 20. Anv fishery oflicer may direct, either in writing or Further d is- orally on sight, that a greater space than two thousand and fifty \™£* n n e et8 yards shall be left between salmon nets, or other fishing appa- may be pre- ratus, and may prescribe their dimensions and extension ; 8cnbed ' 719 but R.S., 1906. Chap. 45. l-'ishi'riis. As to spawn- ing rivers. Mode of killing at certain places. Salmon spawn. As to trout. In Ontario. In Quebec. In P. E. Island. In other parts of Canada. but gill or float nets shall not be used to lengthen, extend or enlarge any other kind of fishery. R.S., e. 95, s. 8. 21. No salmon shall be captured within two hundred yards of the mouth of any tributary, creek or stream which salmon frequent to spawn. R.S., c. 95, s. 8. 22. Except in the manner known as fly-surface-fishing with a rod and line, salmon shall not be fished for, caught or killed at any artificial pass or salmon leap, or in any pool where salmon spawn. R.S., c. 95, s. 8. 23. Except under the authority and for the special purpose provided for in this Act, no one shall take, buy, sell, destroy, nso or possess any salmon roe, or injure any spawning bed. U.S., c. 95, s. 8. TROUT AND WIIITEFISH FISHERY. 24. In the province of Ontario, no person shall fish for, catch, kill, buy, sell or have in his possession, — (a) any speckled trout, salmo fontinalis, between the fifteenth day of September and the first day of May; or, (b) any salmon trout, between the first and tenth days of November, both days inclusive ; or, (c) any lake trout, between the fifteenth day of October and the first day of December ; or, (d) any brook or river trout between the fifteenth day of September and the first day of January. U.S., c. 95, s. 9. 25. In the province of Quebec, no person shall fish for, catch, kill, buy, sell or have in his possession, — (a) any salmon trout, lake trout or lunge, between the fifteenth day of October and the first day of December ; or, (b) any speckled trout, between the first day of October, and the thirty-first day of December ; or, (c) any brook or river trout, between the fifteenth day of September and the first dav of January in each year. R.S., c. 95, s. 9. 26. In the province of Prince Edward Island, no person shall fish for, catch, kill, buy, sell or have in his possession any trout between the first day of October and the first day of December in each year, and trout shall not at any time, be fished for or taken by spears, sweep nets or seines in any river, stream or pond. R.S., c. 95, s. 9. 27. In all other parts of Canada no person shall, between the first day of October and the first day of January in any way whatever, fish for, catch, kill, buy, sell or have in his possession any kind of trout or lunge. R.S., c. 95, s. 9. 720 28. R.S., 1906. Fisheries. Chap. 45. 7 28. Except in the tidal waters of the province of Quebec Subject to on the north bank of the River St. Lawrence from the mouth p^^of 011 '" of the River Saguenay to Blanc Sablon, no one shall at any Quebec, time fish for, catch or kill trout by other means than angling if^ed'to 11 ^ with hook and line : Provided that as to the waters of the pro- angling. vince of Ontario such -prohibition shall not apply to the kind of trout known as salmon trout. O.C., 52 V., p. xliii. 29. In the provinces of Manitoba, Saskatchewan and Al- Exception as berta and the Northwest or Yukon Territories, Indians may, f° r thenVown at any time, catch or kill speckled trout for their own use only, use. but not for the purposes of sale or traffic. R.S., c. 95, s. 9. 30. Nothing herein contained shall prevent, — Exception as (a) the taking or the use of small sized trout for the purpose f or j )a j t etc of baiting traps ; or, (b) the taking and using the same by fishermen as bait for cod fishing in tidal waters ; or, (c) subject fishermen to penalty if by accident in fishing for herrings or whitefish by means of nets, trout are inclosed or taken. R.S., c. 95, s. 9. 31. No one shall fish for, catch, kill, buy, sell or have in his Close seasons possession, whitefish in, — £"[, whlte ~ (a) the province of Ontario, between the first and tenth days i n Ontario, of November, both days inclusive, or, by means of any kind of seine, between the thirteenth day of May and the first day of August; (b) the province of Quebec, between the tenth day of Noveni- i r Quebec, ber and the first day of December in each year, or by means of any kind of seine, between the thirty-first day of July and the first day of December; (c) the provinces of Manitoba, Saskatchewan and Alberta, In Manitoba and the Northwest Territories and the Yukon Territory, or N - ^ ' ■ between the twentieth day of October and the first day of November in each year: Provided that Indians may there catch or kill the same for their own use only, but not for purposes of sale or traffic, and provided that whitefish shall not be taken or used, bought, sold, or possessed for making oil or feeding domestic animals ; (d) any other part of Canada, between the nineteenth day In other of November and the first day of December in each year. ^ada. R.S., c. 95, s. 10. 32. The fry of whitefish shall not be, at any time, destroyed. Fr ,10t *° De R.S., C 95, S.'lO. destroyed. 33. Gill nets for catching salmon trout or whitefish shall Gill nets, have meshes of at least five inches extension measure. 2. Gill nets shall not be set within two miles of any seining Idem, ground. R.S., c. 95, s. 10. 46 721 34. R.S., 1906. 8 Seines. Chap. 45. Fislieries. 34. Seines for catching whitefisli shall have meshes of not less than four inches extension measure. R.S., c. 95, s. 10. LOBSTER FISHERIES. 35. No one shall, at any time, can or cure lobsters, except under license from the Minister. 58-59 V., c. 28, s. 1. License required for lobster fishing. License fee. 3g # The fee for any such license shall be at the rate of two dollars per one hundred cases or packages or fraction of one hundred cases or packages, containing lobsters canned or cured under such license. 2. Each case or package shall contain forty-eight one-pound ans, or ninety-six one-half-pound cans. 58-59 V., c. 28, s. 1. Number of cans in case Cases to be labelled or stamped. Idem. 37. Every case or package containing lobsters canned or cured in Canada, before being removed from the factory or canning establishment where such lobsters have been canned or cured, shall be labelled or stamped with such label or stamp as is prescribed by the Minister: Provided that the Minister may grant a permit for the removal of legally packed cases from any factory to any store or building before being labelled or stamped for final shipment. 2. Every case or package, if not removed from such factory or canning establishment on or before the day on which the close season commences, shall be so labelled or stamped within seven days thereafter, and all unused labels or stamps shall immediately after such removal be returned to the Minister. 58-59 V., c. 28, s. 1. Imported ^8, Every case or package containing lobsters imported into Canada shall immediately upon being imported be labelled or stamped with such label or stamp as is prescribed by the Min- ister. 58-59 V., c. 28, s. 1. Annual return from each lobster factory. Obliteration of labels on empty cases. R.S., 1906. 39. The owner or manager of every lobster factory or can- ning establishment in Canada shall send to the Minister not later than the first day of September in every year, a true return of- (a) the number of fishermen employed, and of the lobster traps used in connection with his factory or canning estab- lishment; (b) the number of persons employed in such factory or can- ning establishment distinguishing the sexes; ( c) the number of cases of lobsters packed during the season ; and, (d) such other details and particulars as are from time to time required by the Minister. 58-59 V., c. 28, s. 1. 40. Any label or stamp prescribed by the Minister upon any empty case or package, shall be entirely obliterated and des- 722 troyed Fisheries. Chap. 45. 9 troyed within seven days after the commencement of the close season. 2. Whenever any labelled or stamped case or package, con- When cases taining canned or cured lobsters, is opened or emptied, the label °P ened - or stamp thereon shall be entirely obliterated and destroyed by the person in whose hands the same is, unless such case or pack- age is opened or emptied for the purpose of testing or repack- ing the canned or cured lobsters contained therein, the burden of proof of which shall be on the owner or packer of such pack- age or case. 58-59 V., c. 28, s. 1. 41. The manager or proprietor of every lobster factory or Production canning establishment shall, on demand, produce his license to llcense - any fishery officer. 58-59 V., c. 28, s. 1. 42. The manager or owner of every lobster factory or Lobster eggs. canning establishment shall, on the request of any person authorized or employed by the Minister to hatch lobsters, as far as possible and with due care, take from and keep, in such manner as is from time to time prescribed by the Minister, all eggs attached to lobsters brought to such factory or canning establishment, and deliver such eggs to a person authorized by the Minister to receive them. 58-59 V., c. 28, s. 1. OTHEE FISHERIES. 43. Close seasons for bass, pike, pickerel (dore), maski- Close nonge and other fish, may be fixed by the Governor in Council season8 - to suit different localities. U.S., c. 95, s. 11. POSSESSION OF FISH. 44. ~No one shall, without lawful excuse, the proof whereof Possession shall lie on him, buy, sell or possess any fish, or portion of any °* ^{bited 6311 fish named in this Act, caught or killed at a time or in a man- ner prohibited by law. R.S., c. 95, s. 12. 45. Every customs officer, excise officer, police officer or Seizure and constable, clerk of a market or other person in charge of an)* confiscation market-place in any village, town or city, shall seize and, upon view, confiscate to his own proper use, any fish mentioned in this Act, caught or killed during prohibited seasons, or which appears to have been killed by unlawful means. 2. Every such seizure and appropriation, with the date, Report of place and circumstances thereof, shall together with the name, P articu1a" th residence and calling of the person in whose possession such fish to fishery was found, be duly reported to the fishery officer who has juris- ofilcer- diction over the district within which such seizure, confisca- tion and appropriation took place. R.S., c. 95, s. 12. 46^ 723 CONSTRUCTION R.S., 1906. 10 Chap. 45. Fish ri< s. CONSTRUCTION OF FISH-WAYS. Fisli-ways to be made as fishery officer directs. Place, form, etc. To be kept open. Minister may pay one-half of cost. May con- struct and recover the cost in certain cases. Not to be obstructed or injured. 46. Every dam, slide, or other obstruction across or in any stream where the Minister determines it to be necessary for the public interest that a fish-pass should exist, shall be provided by the owner or occupier with a durable and efficient fish-way, which shall be maintained in practical and effective condition, in such place and of such form and capacity as will admit of the passage of fish through the same. 2. The place, form and capacity of the fish-way may be prescribed by any fishery officer by notice in writing. 3. Fish-ways shall be kept open and unobstructed and shall be supplied with a sufficient quantity of water to fulfil the purposes of this enactment, during such times as are required by any fishery officer. 4. Tho Minister may authorize the payment of one-half of the expense incurred by such owner or occupier in construct- ing and maintaining any fish-way. 5. The Minister, in order to procure the construction of any fish-way, pending proceedings against any owner or oc- cupier for the penalty imposed by this Act, may give direetions to make and complete the same forthwith, and may authorize any person to enter upon the premises with the necessary work- men, means and materials, and may recover from the owner or occupier the whole expense so incurred by action before any competent tribunal. 6. ~No person shall injure or obstruct any fish-way, or do anything to deter or hinder fish from entering and ascending or descending the same, or injure or obstruct any authorized barrier. U.S., c. 95, s. 13. GENERAL, PROHIBITIONS. Fishing in limits leased to another prohibited. Seines, nets, etc., not to obstruct navigation. Stakes to be removed. R.S., 1906 47. No one shall fish for, take, catch or kill fish in any water, or along any oeach, or within any fishery limits, des- cribed in any lease or license, or place, use, draw or set therein any fishing gear or apparatus, except by permission of the occupant under such lease or license for the tkue being, or shall disturb or injure any fishery: Provided that the occupation of any fishing station or waters so leased or licensed for the express purpose of net fishing shall not interfere with the taking of bait used for cod-fishing, or prevent angling for other purposes than those of trade and commerce. 2. Seines, nets or other fishing apparatus shall not be set in such a manner or in such places as to obstruct the navigation with boats and vessels and, no boats or vessels shall be permitted to destroy or wantonly injure in any way any seines, nets or other fishing apparatus lawfully set. 3. Every person using stakes or other timber placed for fishing purposes in any water shall remove the same within 724 forty-eight Fisheries. Chap. 45. 11 forty-eight hours after ceasing to use thein, and in all cases at the expiry of the fishing season. 4. The main channel or course of any stream shall not be Main obstructed by any nets or other fishing apparatus; and one-third not ^^ e of the course of any river or stream, and not less than two-thirds obstructed, of the main channel at low tide, in every tidal stream, shall be always left open, and no kind of fishing apparatus or material shall be used or placed therein : Provided that the use of weirs Exception as for catching eels exclusively, and the use of mill-dams for catching eels, shall be prevented only in cases where, and at times when they injure other fisheries or, by completely barring any passage, they deprive other weirs of a share in the run of eels ; and such place, time and circumstances may be determined by any fishery officer. 5. No net or other device shall be so used as entirely to No net, etc., obstruct the passage of fish to or from any of the waters of entirely the Canada, by any of the ordinary channels connecting such passage of waters, or prevent their passage to and from accustomed resorts for spawning and the increasing of their species. 6. No one shall catch, kill or molest fish when passing or Killing fish attempting to pass through any fish-way, or fish-pass, or in sur- throu^feh* mounting any obstacle or leap, or shall use any invention to ways, etc., catch, kill or molest fish in the mill-dams, fish-ways, mill-heads P rohlblted - or watercourses appurtenant thereto. 7. No one shall use a bag-net, trap-net or fish-pound, except Certain nets under a special license, granted for capturing deep-sea fish other forDldden - than salmon. 8. No one shall fish for, catch or kill salmon, trout or lunge Fish not to of any kind, maskinonge, winaniche, bass, barfish, pickerel, C ertamTvajs. whitefish, herring, or shad, by means of spear, grapnel hooks, negog, or nishagans : Provided that the Minister may appropriate F*? 6 ^ 1 ^ *" and license or lease certain waters in which certain Indians shall be allowed to catch fish for their own use in the manner and at the time specified in the license or lease, and may permit g spearing in certain localities. 9. No one shall fish for, catch, kill, buy, sell or possess the young of young of any of the fish mentioned in this Act, or in any regu- be taken, lation under it. 10. Seines for barfish shall have meshes of not less than three Seines for i . , kirfish. inches in extension measure. 11. Fishery officers may determine or prescribe the distance Distance between each and every fishery (pecherie) and shall forthwith g^eries remove any fishery which the owner neglects or refuses to re- move; and such owner shall be moreover liable for a violation of this Act, and for the cost and damages of removing such fishery. 12. Every fascine fishery with a box-trap (coffre), instead Fascine fish- of pound, shall have across the outside end of such box-trap a box^traps. wire covering or a net work, the meshes of which shall be at least one inch square; but this shall not apply to eel weirs dur- ing autumn. 725 13. R.S., 1906. 12 Chap. 45. Fisheries. Nets, etc. in J3 # Nets or other fishing apparatus shall not be so used as to impede or divert the course of fish in any small river. Fish to be 11. From the time of low water nearest six of the clock in passage on rn(1 afternoon of every Saturday, to the time of low water Sunday. nearest six of the clock in the forenoon of every Monday, in tidal waters, and from six of the clock in the afternoon of every Saturday to six of the clock in the forenoon of the following Monday, in non-tidal waters, all sedentary fishing stations and weirs, and all pound and trap-nets, seines, gill-nets and other apparatus used for catching fish, whether under license or not, shall be so raised, closed or adapted as to admit of the free pas- sage of fish through, by or out of such apparatus; and during such close time no one shall catch fish in such apparatus, whether under license or not. 15. ~Ko one shall hunt or kill fish or marine animals of any Use of rockets, explosives prohibited kind, other than porpoises, whales, and walruses, by means of rockets, explosive materials, or explosive projectiles or shells. K.S., c. 95, s. 14; 61 V., c. 39, s. 1 ; 3 E. VII., c. 23, s. 1. Purse seines prohibited. May be allowed in British Columbia. 48. Xo one shall use purse seines for the capture of fish in any of the waters of Canada: Provided that the Minister may issue special fishery licenses for the use of purse seines in cer- tain waters in the province of British Columbia specified in the said licenses. 3 E. VII., c. 23, s. 2. Nets, weirs, 4<) t j^ one s ] ia ]| orGC t, use or maintain in any of the waters 1 3 SCI TIG IIS 11" *^ eries, etc., of Canada whether subject to any exclusive right of fishery or obstruct pas- llot - an . v net > we i r > f ascine fishery or other device which unduly sage of fish, obstructs the passage of fish ; and the Minister or any fishery officer may order the removal of or remove any net, weir, fascine fishery or other device which, in the opinion of such Minister or fishery officer, unduly obstructs the passage of fish. 57-58 V., c. 51, s. 5. Fish-guards 50. In the provinces of Manitoba, Saskatchewan and Saskatche- ' Alberta, and in the Northwest Territory and the Yukon Terri- wan, Alberta, tnrv X. \\ '. T. and J> Yukon. (a) every ditch, channel or canal, constructed or adapted for conducting water from any lake, river or stream, for irri- gating, manufacturing, domestic, or other purposes, shall be provided at its entrance or intake with a fish-guard or a metal or wire grating, covering or netting, so fixed as to prevent the passage of fish from any lake, river, or stream into such ditch, channel or canal ; (b) such fish-guard shall have meshes or holes not more than three-eighths of an inch in diameter, and shall be built and maintained by the owner of such ditch, channel or canal, subject to the approval of the Minister, or of such officer as he from time to time appoints to examine it; 726 (c) R.S., 1906. Structure of fish -guards. Fisheries. Chap. 45. 13 ( c) the owner of such ditch, channel or canal, shall main- To be kept tain such fish-guard in a good and sufficient state of repair 1E and shall not permit its removal except for renewal or repair; and during the time such renewal or repair is being effected, the sluice or gate at the intake or entrance shall be closed and the passage of fish into the ditch, chan- nel or canal prevented. 57-58 V., c. 51, s. 5. 51. No one shall catch fish for the purpose of using it as Fish as manure. 57-58 V., c. 51, s. 5. ™J™* e pr °- 52. Whenever the size of the meshes of nets or apparatus Arranging of for the capture of fish is fixed by this Act, or by any fisher} "|*J, 5&n-° regulation under it, it shall be unlawful to so arrange or adapt ish size of the nets or fishing apparatus as to practically diminish the hjbjted. pr ° size of such meshes. 61 V., c. 39, s. 2. INJURIES TO FISHING GROUNDS AND POLLUTION OF RIVERS. 53. No one shall throw overboard ballast, coal ashes, stones, Throwing or other prejudicial or deleterious substances in any river, har- jjertdnusub" bour or roadstead or any water where fishing is carried on, or stances throw overboard or let fall upon any fishing bank or ground, or ro e< leave or deposit or cause to be thrown, left or deposited, upon the shore, beach or bank of any water, or upon the beach between high and low water mark, inside of any tidal estuary, or within two hundred yards of the mouth of any salmon river, remains or offal of fish, or of marine animals, or leave decayed or decay- ing fish in any net or other fishing apparatus: Provided thai Proviso as to such remains or offal may be buried ashore, beyond high water offal° Sa ° mark, and that at establishments situated inside of the mouths of rivers for carrying on deep-sea fisheries, the same may be dropped into perforated boxes or inclosures built upon the beach, or under stage-heads, in such manner as to prevent the same from being floated or drifted into the streams, or may be disposed of in such other manner as any fishery officer pre- scribes. 2. No person shall cause or knowingly permit to pass into, or Lime, etc., put or knowingly permit to be put, lime, chemical substances prohibited, or drugs, poisonous matter, dead or decaying fish, or remnants thereof, mill rubbish or sawdust or any other deleterious sub- stance," in any water frequented by any of the kinds of fish mentioned in this Act. R.S., c. 95, s. 15 ; 5S-59 V., c. 27, s. 1. REGULATIONS. 54. The Governor in Council may, from time to time, make Governor in i ,• Council mav regulations, — make flshery (a) for the better management and regulation of the sea-coast regulations. and inland fisheries ; 727 (h) R.S.. lOOfi. 14 Chap. 45. Fisheries. Publication. Offences against regu- lations. (b) to prevent or remedy the obstruction and pollution of streams ; (c) to regulate and prevent fishing; (d) to prohibit the destruction of fish; and, (e) to forbid fishing except under authority of lenses or licenses. 2. Such regulations shall take effect from the date of the publication thereof in the Canada Gazette, and shall have the same force and effect as if herein enacted, notwithstanding that such regulations extend, vary or alter any of the provi- sions of this A.c1 respecting the places or modes of fishing or the times specified as prohibited or close seasons, and may fix such other modes, times and places as are deemed by the Governor in Council adapted to different localities, or otherwise expedient. 3. Every offence against any regulation made under this Act may be stated as in violation of this Act. R.S., c. 95, s. 16. POWERS OF FISHERY OFFICERS AND OTHER JUSTICES. Fishery offi- 55. Any fishery officer or other justice of the peace may, vicUnSlv. on v i ew > convict of any of the offences punishable under the pro- visions of this Act, and may remove instantly and detain any materials unlawfully in use. R.S., c. 95, s. 17. Search may be made or authorized under war- rant. In what locality offence may be prose- cuted. Entry by fishery officer. 56. Any fishery officer or other justice of the peace may search, or grant a warrant to search, any vessel or place where there is reason to believe that any fish taken in violation of this Act, or anything used in violation thereof, is concealed. R.S., c. 95, s. 17. 57. If any offence under this Act, is committed in, upon or near any waters forming the boundary between different counties or districts, or fishery districts, such offence may be prosecuted before any justice of the peace in either of such counties or districts, or before the fishery officer for either fishery district. R.S., c. 95, s. 17. 58. In the discharge of his duties any fishery officer, or other person or persons accompanying him or authorized to such effect, may enter upon and pass through or over private property without being liable to trespass. R.S., c. 95, s. 17. Disputes, 59. Disputes between persons relative to fishing -limits how settled. or c ] a i ms to fishery stations, or relative to the position and use of nets and other fishing apparatus, shall be settled by the local fishery officer. R.S., c. 95, s. 17. Gurry grounds. Certain officer to 60. Gurry grounds may be designated or defined by any fishery officer. U.S., e. 95, s. 17. R.S., 1906. 61. Any fishery officer, stipendiary magistrate, or commis- sioned officer of His Majesty's navy, on board of any vessel 728 belonging Fisheries. Chap. 45. 15 belonging to or chartered by the Government of Canada, em- have powers ployed in the service of protecting fisheries, and every commis- °f the^peace. sioned officer of His Majesty's navy serving on board of any vessel cruising and being in the waters, harbours or ports of Canada, shall, for the purpose of affording protection to His Majesty's subjects engaged in the fisheries, and of enforcing any laws relating to such fisheries, exercise the powers of a justice of the peace, without property qualification, and without taking any oath of office, in all the waters, harbours or ports, and on all the coasts of Canada where, for the time being and for the purposes above described, they are so engaged. U.S., c. 95, s. 17. 62. Property seized by any fishery officer, stipendiary magis- Property trate or naval officer, acting as aforesaid, may be removed for ^aft 'Jfth! disposal to the nearest or most convenient port where any re- venue officer or other public officer empowered to deal with the matter resides. R.S., c. 95, s. 17. 63. Whenever it is impracticable for any fishery officer, Powers of stipendiary magistrate or naval officer, acting in such capacity, ° s to deten- ' to cause any prisoner to be conveyed to, and committed to the fio .n of nearest common gaol, he may detain him on board of the vessel. or transfer him to another vessel for conveyance to and delivery at the most convenient place, and with all convenient despatch, where he can be duly committed into the custody of the sheriff or other officer of the county or district in which the common gaol is situated to which he is ordered to be committed ; and Conveyance until such prisoner is so delivered into the immediate custody " of any sheriff or gaoler the fishery officer, stipendiary magis- trate or naval officer having him in charge, shall have, in all places through which it is necessary to convey such prisoner, the same authority and power in regard to such prisoner, and to command the aid of any of His Majesty's subjects in pre- venting his escape, or in retaking him in case of escape, as any county or district sheriff or peace officer has while lawfully conveying a prisoner from one part of his own district to another. R.S., c. 95, s. 17. 64. Every such offence shall be deemed to have been com- where the mitted in the county or district to the common gaol of which {^^j >,nl! the commitment has been actually made. R.S., c. 95, s. 17. have been committed. GENEKAL. 65. The Minister may authorize to be set apart, or to be Lease of leased, any river or other water for the natural or artificial ^pJLtkni propagation of fish. 57-58 V., c. 51, s. 10. of I 66. Lessees or licensees of fisheries shall have no claim to j renewal of leases or licenses if in arrears of rent or percentage arrears, etc. 729 -luring R.S., L90G. 1G Chap. 45. Fisht ri> s. Special licenses for oyster beds. during four months after the same is due, and any lessee or licensee convicted of a violation of this Act, or any regulation under it, shall be liable to forfeit his lease or license. R.S., c. 95, s. 21. 67. Special licenses and leases for any term of years may be granted to any person who wishes to plant or form oyster beds in any of the bays, inlets, harbours, creeks or rivers, or between any of the islands on the coast of Canada ; and the holder of any such lease or license shall have the exclusive right to the oysters produced or found on the beds within the limits of such lease or license. R.S., c. 95, s. 21. Minister 68. The Minister may authorize to be expended annually may author- . , , , «V, ,. - ize expendi- any sum appropriated by Parliament, lor, — ture f °v> <\ ( a ) ^ ie f° rma ti on °f oyster beds in various waters and places found adapted for that purpose; and, (b) transplanting oysters and restocking exhausted fisheries by natural or artificial means ; and, (c) improving streams where natural obstructions exist ; and may authorize the construction, erection or placing of any artificial barrier or grating in any stream or river, or in any watercourse, and in the channels or beds thereof. R.S., c. 95, s. 21. perty for fishing pur poses. As to right 69 # Every subiect of His Maiesty may use vacant public to use vacant J , J , , j re- public pro- property, such as by law is common and accessory to public rights of fishery and navigation, for the purposes of landing, salting, curing and drying fish, and may cut wood thereon for such purposes, and no other person shall occupy the same station unless it has been abandoned by the first occupant for twelve consecutive months ; and at the expiration of that period any new occupier shall pay the value of flakes and stages and other property thereon, of which he takes possession, or the buildings and improvements may be removed by the original owner. 2. All subjects of His Majesty may take bait or fish in any of the harbours or roadsteads, creeks or rivers, subject to the provisions of this Act respecting the leasing or licensing of fisheries and fishing stations. 3. jSTo property leased or licensed shall be deemed vacant. R.S., c. 95, s. 22. As to taking bait. PROTECTION OF FISIIERMEN. Boats to be 70. No dory, flat, whaler or other boat whatsoever shall with 1 neces- set out from any vessel engaged in deep-sea or bank fishing, saries for or De launched therefrom for the purpose of fishing with hooks when on fish- and lines, trawls or other similar appliances, or with intent ing cruises, fa^ the same shall be used in so fishing, or for the purpose 730 of R.S., 1906. Fisheries. Chap. 45. 17 of examining trawls, set lines or other similar appliances for fishing, unless there is placed in such boat to be retained therein during absence from such vessel a mariner's compass, nor unless there is placed in such boat at least two quarts of drink- ing water and two pounds of solid food for each man of the crew of such boat. 2. The owner of such vessel shall supply her at the com- Compass, mencement of her voyage with as many serviceable mariner's f °2- horn - etc compasses as she carries boats, in addition to the vessel's com- pass, and also with the necessary utensils for holding water and with a serviceable fog-horn or trumpet. 61 V., c. 44, s. 1. OFFENCES AND PENALTIES. 71. Every one shall incur a penalty not exceeding five hun- Whaling dred dollars, and not less than three hundred dollars, who at p thout any time, except under license from the Minister, — (a) engages in the manufacture from whales of oil or other commercial product; or, (b) employs any vessel or boat in the whale fishery. 4 E. VII., c. 13, s. 1. 72. Every one who hunts or kills fish or marine animals Fishing with of any kind, other than porpoises, whales, and walruses, bv explosives. means of rockets, explosive materials, or explosive projectiles or shells, shall be liable to a penalty not exceeding three hun- dred dollars and costs, and, in default of payment, to imprison- ment for a term not exceeding six months. 3 E. VII. , c. 23, s. 1. 73. Every one who violates any provision of this Act Illegal whale relating to whale fishing or of the regulations made thereunder, shing - for which violation no penalty is herein specially provided, shall be liable to a fine not exceeding two hundred dollars, and not less than fifty dollars. 2. All machinery and apparatus, and all vessels and boats, Confiscation and their tackle, apparel and furniture, used in such violation and^ppa™^ shall be confiscated to His Majesty. 4 E. VII., c. 13, ss. 12 ratue. and 13. 74. Every one who, with boat or vessel, during the time impeding of fishing for seals, knowingly or wilfully disturbs, impedes sea ] 6 fishery, or injures any sedentary seal fishery, or prevents, hinders or frightens the shoals of seals coming into such fishery, shall, for each offence, be liable to a penalty not exceeding sixty dollars and, in default of payment, to imprisonment for a term not exceeding one month ; and shall also be liable to pay such damages as are assessed by the fishery officer or justice of the peace before whom the person injured complains. R.S., c. 95, s. 7. 731 75. E.S., 1906. 18 Chap. 45. Fisheries. Salmon fish- ing without a license. Unlabelled cases of lobsters liable to seizure. 75. Every one who, without the special fishery lease or License provided for by this Act, fishes for salmon above the actual limit defined by the Minister or fishery officer as the tidal boundary of estuary fishing, except with a rod and line, in the manner known as fly-surf ace-fishing, shall be liable to a penalty not exceeding one hundred dollars, and, in default of payment, to imprisonment for a term not exceeding two months. E.S., c. 95. s. 8. 76. Every case or package containing lobsters canned or cured in Canada not labelled or stamped according to the pro- visions of this Act, or which, being unlabelled or unstamped, is removed from the factory or canning establishment where such lobsters have been canned or cured, without a permit from the Minister, shall be liable to seizure, and, upon seizure, shall become confiscated to His Majesty; and the owner, packer or exporter of any such case or package shall be liable to a penalty not exceeding twenty dollars and costs. 58-59 V., c. 28, s. 1. 77. Every case or package containing lobsters imported into Canada, without being labelled or stamped with such label or stamp as is prescribed by the Minister shall be liable to seizure, and, upon seizure, shall become confiscated to His Majesty; and the person or persons owning or possessing any such case or package shall be liable to a penalty not exceeding forty dollars and costs. 58-59 V., c. 28, s. 1. Failure of 78. Every owner or manager of a lobster factory or can- factory ning establishment in Canada who fails to send to the Minister, owner to no t ] a ter than the first day of September in everv vear, a send returns . u " " to Minister, true return of, — (a) the number of fishermen employed, and of the lobster traps used in connection with his factory or canning estab- lishment ; (b) the number of persons employed in such factory or eanning establishment, distinguishing the sexes ; (c) the number of cases of lobsters packed during the season ; and, (d) such other details and particulars as are from time to time required by the Minister ; shall be liable to a penally not exeeeding four hundred dollars and costs. 58-59 V., c. 28. s. 1. Tni ported ^.ises of lobsters un- labelled. Refusing to 79. Every manager or proprietor of a lobster factory or can- Hcense^to n i n S establishment who refuses on demand to produce his license to any fishery officer, shall be liable to a penalty not exceeding one hundred dollars and costs. 58-59 V., c. 28, s. 1. officer. Obstructing 80. Every manager or proprietor of a lobster factory or officerTn canning establishment who obstructs any fishery officer in the 732 discharge K.S., 190G. Fisheries. Chap. 45. 19 discharge of his duty shall be liable to a penalty not exceeding performance one hundred dollars and costs. 58-59 V., c. 28, s. 1. 81. Every manager or owner of a lobster factory or canning Refusing or establishment who, on the request of any person authorized or neglecting to employed by the Minister to hatch lobsters, neglects or refuses keep lobster to take from and keep, as far as possible and with due care, and eggs - in such manner as is from time to time prescribed by the Min- ister, all eggs attached to lobsters brought to such factory or canning establishment, or neglects or refuses to deliver such eggs to a person authorized by the Minister to receive them, shall be liable to a penalty not exceeding five dollars for each such neglect or refusal. 58-59 V., c. 28, s. 1. 82. Every person who counterfeits or alters any label or Counterfeit- stamp prescribed by the Minister to be labelled or stamped on ? ng or alter- • • . ing labels or any case or package containing lobsters canned or cured in stamps pre- Canada, or, with fraudulent intent, labels or stamps any such ^jj-gf by case or package with any label or stamp purporting to be the label or stamp so prescribed by the Minister, shall be liable to a penalty of forty dollars and costs. 58-59 V., c. 28, s. 1. 83. Every owner or occupier of a dam, slide, or other Refusal or obstruction across or in any stream where the Minister deter- neglect of mines it to be necessary for the public interest that a fish-pass etc™ tcTpro- should exist, who, after three days' notice in writing, neglects vide fish " or refuses to provide a durable and effective fish-way, or to * maintain the same in a practical and effective condition in such place and of such form and capacity as will admit of the pass- age of fish, shall be liable to a penalty of four dollars for each day during which any such dam, slide or other obstruction to the stream remains unprovided with such fish-way. R.S., c. 95, s. 13. 84. Except taking bait for cod-fishing or angling for pur- Fishing poses other than those of trade and commerce, every one who U!,!| ' 1 limits fishes for, takes, catches or kills fish in any water, or along any f fnother? beach, or within any fishery limits, described in any lease or license, or places, uses, draws or sets therein any fishing gear or apparatus, except by permission of the occupant under such lease or license for the time being, or disturbs or injures any fishery, shall be liable to a penalty not exceeding one hundred dollars and costs, or to imprisonment, for a terra not exceeding two months ; and the fishing apparatus so used, and all fish Fishing taken or caught, shall be forfeited, and any fishery officer or the npparatus to holder of any such lease or license may, on view, forthwith seize and remove any net or apparatus so used, to be dealt with according to law. R.S., c. 95, s. 14. 85. Every one using purse seines for the capture of fish in Use of purse any of the waters of Canada, except, as to certain waters in the Bemes - 733 province R.S., 1906. 20 Chap. 45. Fisheries. Neglect or refusal to provide and maintain fish-guards. Penalty. Throwing overboard prohibited substances. Penalty. R.S., 1906. province of British Columbia, under a special fishery license of the Minister, shall be liable for each offence, to a penalty of not less than fifty dollars, and not exceeding five hundred dol- lars together with the confiscation of the vessel, boat and appa- ratus used in connection with such capture. 3 E. VII., c. 23, s. 2. 86. In the provinces of Manitoba, Saskatchewan and Alberta, and in the Northwest Territories and the Yukon Terri- tory, every owner of a ditch, channel or canal constructed or adapted for conducting water from any lake, river or stream, for irrigating, manufacturing, domestic or other purposes, who, — (a) neglects or refuses to provide and maintain in a good and sufficient state of repair at its entrance or intake a fish- guard or a metal or wire grating, covering or netting with meshes not more than three-eighths of an inch in diameter, approved by the Minister or such officer as he from time to time appoints to examine it, and so fixed as to prevent the passage of fish from any lake, river or stream into such ditch, channel or canal ; or, (b) permits the removal of such fish-guard, grating or net- ting, except for removal or repair; or, (c) during the time such removal or repair is being effected, neglects or refuses to close the sluice or gate at the intake or entrance of such ditch, channel or canal, so as to pre- vent the passage of fish into such ditch, channel or canal; shall, after three days' notice in writing from the Minister, or from a fishery officer, be liable to a penalty of four dollars for each day or part of a day during which such ditch, channel or canal remains unprovided with such duly approved and pro- perly maintained netting, grating or fish-guard. 57-58 V., c. 51, s. 5. 87. Every one who, contrary to the provisions of this Act, throws overboard ballast, coal ashes, stones, or other prejudi- cial or deleterious substances in any river, harbour or roadstead or any water where fishing is carried on, or throws overboard or lets fall upon any fishing bank or ground, or leaves or deposits or causes to be thrown, left or deposited, upon the shore, beach or bank of any water, or upon the beach between high and low water mark, inside of any tidal estuary, or within two hundred yards of the mouth of any salmon river, remains or offal of fish, or of marine animals, or leaves decayed or decay- ing fish in any net or other fishing apparatus, shall be liable, for each offence, to a penalty not exceeding one hundred dollars, or to imprisonment for a term not exceeding two months; and every one so offending, whether master or servant, and the mas- ter or owner of any vessel or boat from which such ballast or offal, or other prejudicial substance is thrown, shall be liable to 734 penalty Fisheries. Chap. 45. 21 penalty and imprisonment as aforesaid for each such offence. E.S., c. 95, s. 15. 88. Every person who causes or knowingly permits to pass Depositing into, or puts or knowingly permits to be put, lime, chemical j n m ^' a ter ' substances or drugs, poisonous matter, dead or decaying fish, frequented or remnants thereof, mill rubbish or sawdust or any other 5 deleterious substance, in any water frequented by any of the kinds of fish mentioned in this Act, shall be liable, for a first offence, to a penalty of twenty dollars and costs ; for the second Penalty, offence, to a penalty not exceeding forty dollars and costs, and also in addition thereto a further penalty not exceeding ten dollars for every day during which such offence is continued; and for the third or any subsequent offence, to a penalty not exceeding one hundred dollars and costs, and also in addition thereto a further penalty not exceeding twenty dollars for every day during which such offence is continued. 58-59 V., c. 27, s. 1. 89. Every person who wilfully destroys or injures any injuring or place set apart or leased under the authority of the Minister fi f] 1 c 1 e lg ie" se( j for the propagation of fish, or who fishes therein without written for the pro- permission from a fishery officer, or from the holder thereof j^tf 1 ' 011 under lease or license, or uses therein any fishing light or other implement for fishing, during the period for which such waters are so set apart or leased, shall be liable to a penalty not exceed- ing two hundred dollars and costs, and, in default of payment, Penalty, to imprisonment for a term not exceeding four months. 57-58 V., c. 51, s. 10. 90. Every one who takes oysters from any oyster bed, Taking set apart by the Minister for any purpose under this Act, oysters from • • • J'iiUi-iJ ,i or injuring or in any way injures or disturbs such oyster beds, except dur- bed set apart ing the times and on the terms permitted by regulation under bv Minister. this Act, shall be liable to a penalty not exceeding one hundred dollars and not less than forty dollars, and in default of pay- ment, to imprisonment for a term not exceeding two months and not less than one month; and the vessel and all apparatus used in the taking of such oysters, or the injury or disturbance of such oyster beds, shall be forfeited. U.S., c. 95, s. 21. 91. The owner of any vessel, who, — x,t provid- (a) permits any dory, flat, whaler or other boat whatsoever u . , ~ r, '> m,K1S3 > to set out from any vessel engaged by him in deep-sea or boats, bank fishing, or to be launched therefrom for the purpose of fishing with hooks and lines, trawls or other similar appliances, or with intent that the same shall bo used in so fishing, or for the purpose of examining trawls, set lines or other similar appliances for fishing, without there being placed in such boat to be retained therein during absence from such vessel, a mariner's compass, and at 735 least R.S., 1906. 22 Chap. 45. Fisheries. least two quarts of drinking water and two pounds of solid food for each man of the crew of such boat; or, (b) fails to supply any vessel by him so engaged in deep- sea or bank fishing, at the commencement of her voyage, with as many serviceable mariner's compasses as she car- ries boats, in addition to the vessel's compass and also with the necessary utensils for holding water and with a ser- viceable fog-horn or trumpet; Penalty. shall be guilty of an offence against this Act, and shall be liable for each offence to a penalty not exceeding one hundred dollars or to imprisonment for a term not exceeding two months, ilty 2. The master of any such vessel from which a boat is launched or sets out in contravention of the provisions of this section shall also be guilty of an offence against this Act, and liable therefor to a penalty not exceeding one hundred dollars or to imprisonment for a term not exceeding two months. 61 V., c. 44, s. 2. Property 92. All vessels, boats, canoes, rafts, vehicles of any descrip- tion of this tion, nets, fishing gear, materials, implements or appliances Ay t T ne Governor in Council may, from time to time, make l»v (iovernor . . in Council, such regulations as he deems necessary or expedient respecting the payment of the said grant and the manner in which appli- cations for the same or any portion thereof shall be made and established, and may require persons applying for the grant or any portion thereof to verify their claims, or any statements made by any person in connection therewith, upon oath. Publication. g Such regulations shall, after publication in the Canada Gazette, have the force of law. 54-55 V., c. 42, s. 2. OTTAWA: Printed by Samuel Edwakd Dawson, Law Printer to the King's most Excellent Majesty. 742 li.S.,1906. CHAPTER 47. An Act to protect the Customs and Fisheries. SHORT TITLE. 1. This Act may be cited as the Customs and Fisheries Pro- Short title, tection Act. LICENSES. 2. The Governor in Council may, from time to time, grant Governor to any foreign ship, vessel or boat, or to any ship, vessel or boat Jj^.-fsTo not navigated according to the laws of the United Kingdom or foreign of Canada, at such rate and for such term not exceeding one vessel - year, as he deems expedient, a license to fish for, take, dry or cure any fish of any kind whatsoever, in British waters, within three marine miles of any of the coasts, bays, creeks or har- bours of Canada, not included within the limits specified and described in the first article of the convention between His late Convention Majesty King George the Third and the United States of isis. America, made and signed at London, on the twentieth day of October, one thousand eight hundred and eighteen. R.S., c. 94, s. 1. 3. The Governor in Council may, from time to time, author- Licenses to ize the issue of licenses to United States fishing vessels, enabling ^eelf 8 g them to enter any port on the Atlantic coast of Canada, during '" enter the periods mentioned in such licenses, for the purposes of, — ports! IC (a) the purchase of bait, ice, seines, lines and all other supplies and outfits ; and, (b) the transhipment of catch, and the shipping of crews. 2. The fee for such licenses shall be one dollar and fifty Duration of cents per ton register, and the terms and conditions thereof ucen ^' fees - shall be determined by the Governor in Council. 3. Xo license shall be issued for a longer period than one License. calendar year, and all licenses shall expire on the thirty-first day of December of the year for which they are issued. 55-56 . 3, s. 1. 4. The order in council for the issue of such licenses shall, Co mmu » ica ; without delay, be communicated to both Houses of Parliament, to Parlia- if Parliament is then in session, or. if not then in session, ment. 743 within R.S.. 1906. Chap. 47. Customs and Fisheries Protection. within the first ten days of the next ensuing Bession. 55-50 V., c. 3, s. 2. BOARDI N<: AM> SEABOH. Vessels hovering in British waters may be visited. 5. Any commissioned officer of His Majesty's navy, serving on board of any vessel of His Majesty's navy cruising and being in the waters of Canada for the purpose of affording protection to His Majesty's subjects engaged in the fisheries, or any com- missioned officer of His Majesty's navy, fishery officer or stipen- diary magistrate, on board of any vessel belonging to or in the service of the Government of Canada and employed in the ser- vice of protecting the fisheries, or any officer of the Customs of Canada, sheriff, justice of the peace or other person duly com- missioned for that purpose, may go on board of any ship, vessel or boat within any harbour in Canada, or hovering in British waters within three marine miles of any of the coasts, bays, creeks, or harbours in Canada, or in or upon the inland waters of Canada,, and stay on board so long as she remains within such harbour or distance. U.S., c. 94, s. 2. May be brought in and captain examined. 6. Any one of the officers or persons hereinbefore mentioned may bring any ship, vessel or boat, being within any fyarbour in Canada, or hovering in British waters, w r ithin three marine miles of any of the coasts, bays, creeks or harbours in Canada, or in or upon the inland waters of Canada, into port, and search her cargo, and may also examine the master or person in com- mand upon oath touching the cargo and voyage. R.S., c. 94, ss. 3 and 20. Vessels must bring to when re- quired. Otherwise may be fired into after a signal of a gun. Officer in- demnified. 7. Every ship, vessel, or boat, liable to seizure or examina- tion under this or any Act of the Parliament of Canada shall bring to, when required so to do in the King's name by any commissioned officer of His Majesty's navy, or any officer of the Customs or of the fisheries protection service, or person employed as such, or any stipendiary magistrate, on board of any cruiser or vessel belonging to or in the service of the Government of Canada and employed in the service of protect- ing the Customs or Fisheries, or, upon signal made by any such Government vessel or cruiser by hoisting the pennant and ensign approved and appointed for the purpose by order of the Governor in Council. 2. On any such ship, vessel or boat failing to bring to when required being chased by any such Government vessel or cruiser having such pennant and ensign hoisted, the captain, master or other person in charge of such Government vessel or cruiser may, after first causing a gun to be fired as a signal, fire at or into such ship, vessel or boat. 3. Such captain, master or other person, as well as any person acting in his aid or by his direction, is hereby indemni- ' 744 fied R.S., 1906. Customs and Fisheries Protection. Chap. 47. 3 fied and discharged from any indictment, penalty, action, or other proceeding for so doing. 61 V., c. 38, ss. 1 and 2. 8. No person on board of any ship, vessel or boat, so liable No throwing to seizure or examination, which is being chased by any Govern- any^cargo ° f ment vessel or other cruiser for having failed to bring to upon during chase, being required so to do or upon signal made as in the last pre- ceding section provided, shall, during such chase, and before such ship, vessel or boat brings to, throw overboard, stave or destroy any part of the cargo of such ship, vessel or boat to prevent seizure. 61 V., c. 38, s. 3. OFFENCES AND PENALTIES. 9. If the master or person in command of any ship, vessel Master or boat does not, upon any examination on oath by any officer or answertady. person under the authority of this Act touching the cargo and voyage of any such ship, vessel or boat, truly answer all ques- tions put to him in such examination, he shall incur a penalty of four hundred dollars. R.S., c. 94, s. 3. 10. Every ship, vessel or boat which is foreign, or not navi- Foreign gated according to the laws of the United Kingdom or of vessels - Canada, which, — (a) has been found fishing or preparing to fish, or to have Illegally been fishing in British waters within three marine miles of s ing ' etc any of the coasts, bays, creeks or harbours of Canada, not included within the limits specified and described in the first article of the aforesaid convention, or in or upon the inland waters of Canada, without a license then in force granted under this Act; or, (b) has entered such waters for any purpose not permitted Unlawfully by treaty or convention, or by any law of the United King- ^teisT '^ dom or of Canada for the time being in force ; shall, together with the tackle, rigging, apparel, furniture, stores Forfeiture. and cargo thereof, be forfeited. R.S., c. 94, ss. 3 and 20. 11. If any ship, vessel, or boat, liable to seizure or examina- If : } n .v vessel tion under this or any Act of the Parliament of Canada does b r j nK t £ not brine: to, when required so to do in the King's name by any wnen commissioned officer of His Majesty's navy, or any officer of r< the Customs or of the fisheries protection service, or person employed as such, or any stipendiary magistrate on board of any cruiser or vessel belonging to or in the service of the Gov- ernment of Canada and employed in the service of protecting the Customs or Fisheries, or upon signal made by any such Government vessel or cruiser by hoisting the pennant and ensign approved and appointed for such purpose by order of the Governor in Council, the master or officer in charge of such Penalty. ship, vessel, or boat, shall incur a penalty of four hundred dollars. 745 2. R.S., 1906. 4 Chap. 47. Customs and Fisheries Protection, And vessel ■_> The ghip, vessel, or boat, may be seized and detained until such penalty is paid. Gl V., c. :>8, s. 1. 12. If, during chase by such Government vessel or cruiser, or before such ship, vessel, or boat brings to, any person on board of such ship, vessel or boat throws overboard or staves or destroys any part of her cargo to prevent seizure, such ship, vessel, or boat shall be forfeited. Gl V., c. 38, s. 3. seized. ving cargo over durini chase. Forfeiture. officer "?n the ^* Every person opposing any officer or person in the execu- tion of lion of his duty under this Act, or aiding or abetting any other person in such opposition, is guilty of an indictable offence, and Penalty. liable to a fine of eight hundred dollars and to two years' im- prisonment. U.S., c. 94, s. 4. PROCEDURE. For forfei- 14, \]\ suits and proceedings for the forfeiture or sale of penalties. any ship, vessel or boat, or for the recovery and enforcement of any penalty imposed by reason of, — (a) such ship, vessel, or boat not bringing to when required so to do in the King's name, as by this Act provided ; or, (b) the throwing overboard, staving or destroying by any person on board any such ship, vessel, or boat during chase by any Government cruiser or vessel, or before such ship, vessel, or boat brings to, after being required so to do in the King's name, of any part of her cargo to prevent seizure ; Procedure as may, in addition to any other remedy provided by law, be com- menced and prosecuted under the procedure provided by the Customs Act, in so far as the same is applicable. 2. The proceeds of such penalties and forfeitures shall be dealt with in the same manner as the proceeds of penalties and forfeitures under the laws relating to the Customs. 61 V., c. 38, s. 4. in Customs Act. Proceeds. Officers who mav seize. ' 23. No person shall enter a claim to anything seized under Lrnen before this Act until security is given, in a penal sum not exceeding claiming. two hundred and forty dollars, to answer and pay the costs occasioned by such claim. Default of g j n default of such security, the things seized shall be S6cuntv. ** ^ declared forfeited, and shall be condemned. R.S., c. 94, s. 12. Protection of officers, etc., acting under this Act. Evidence. Tender of amends. Limitation of action. Probable cause. C08ts. Probable cause. Damages and costs. 24. Xo writ shall be sued out against any officer or other person authorized to seize under this Act for anything done under this Act, until one month after notice in writing con- taining a statement of the cause of action, the name and place of abode of the person who is to bring the action, and of his attorney or agent, has been delivered to such officer or person or left at his usual place of abode by the person intending to sue out such writ, his attorney or agent. 2. Xo evidence of any cause of action except such as is con- tained in such notice shall be admitted. R.S., c. 94, s. 13. 25. Every officer or person who has made a seizure under this Act may, within one month after notice of action received, tender amends to the person complaining, or to his attorney or agent, and may plead such tender. R.S., c. 94, s. 16. 26. Every such action shall be brought within three months after the cause thereof has arisen. R.S., c. 94, s. 14. 27. If, on any information or suit brought to trial under this Act on account of any seizure, judgment is given for the claimant, and the court or judge certifies that there was prob- able cause for seizure, the claimant shall not be entitled to costs, and the person who made the seizure shall not be liable to any indictment or suit on account thereof. 2. If any suit is brought against any person on account of any seizure under this Act, and judgment is given against him, and the court or judge certifies that there was probable cause for the seizure, the plaintiff, besides the thing seized or its value, shall not recover more than four cents damages, and shall not recover any costs, nor, in case of prosecution, shall the defend- ant be fined more than twenty cents. R.S., c. 94, s. 15. '748 28. R.S.. 1906. Customs and Fisheries Protection. Chap. 47. 7 28. All actions for the recovery or enforcement of penalties Limitation or forfeitures imposed by this Act shall be commenced within three years after the offence committed. U.S., c. 94, s. 17. 29. ISTo appeal shall be prosecuted from any decree, or sen- Appeals, tence of any court, in respect of any penalty or forfeiture im- posed by this Act, unless the inhibition is applied for and decreed within twelve months from the decree or sentence being pronounced. E.S., c. 94, s. 18. 30. In cases of seizure under this Act, the Governor in Governor in Council may direct a stay of proceedings, and, in cases of con- g r °a^ a r elief! demnation, may relieve from the penalty, in whole or in part, and on such terms as are deemed right. R.S., c. 94, s. 19. OTTAWA: Printed by Samuel Edward Dawson, Law Printer to the King's most Kxcellent Majesty. 749 R.S., 1906. CHAPTER 48. An Act respecting the Customs. SHORT TITLE. 1. This Act may be cited as the Customs Act. K.S., c. 32, Short title, s. 1. Minister.' Port.' Collector.' Officer.' Vessel.' Vehicle.' INTERPRETATION. 2. In or for the purposes of this Act, or any other law relat- Definitions ing to the Customs, unless the context otherwise requires, — (a) ' Minister ' means the Minister of Customs ; (b) ' port ' means a place where vessels or vehicles may dis- charge or load cargo ; (c) ' collector ' means the collector of the Customs at the port or place intended, or any person lawfully deputed, ap- pointed or authorized to do the duty of collector thereat ; ( d) i officer ' means an officer of the Customs ; (e) ' vessel ' includes any ship, vessel or boat of any kind whatsoever, whether propelled by steam or otherwise, and whether used as a sea-going vessel or on inland waters only, and also includes any vehicle as hereinafter denned ; (f) ' vehicle ' means any cart, car, wagon, carriage, barrow, sleigh or other conveyance of what kind soever, whether drawn or propelled by steam, by animals, or by hand or other power, and includes the harness or tackle of the animals, and the fittings, furnishings and appurtenances of the vehicle ; (g) ' master ' means the person having or taking charge of any vessel or vehicle ; (h ) l conductor ' means the person in charge or having the chief direction of any railway train ; (i) ' owner,' ' importer,' or ' exporter ' includes any person lawfully acting on behalf of the owner, importer or ex- porter ; (j) ' goods ' means goods, wares and merchandise, or mov- ' Goods, able effects (if any kind, including carriages, horses, cattle and other animals ; (k) ' warehouse ' means any place, whether house, shed, yard, dock, pond or other place in which goods imported mav be lodged, kept and secured without payment of duty : 751 (I) U.S., 1006. Conductor.' Owner.' Importer. Exporter.' VVare- icuse.' Chap. 48. Customs. ' Customs warehouse.' 'Oath.' ' Seized and forfeited.' ' Liable to forfeiture ' ' Subject to forfeit uii .' ' Value.' ' Frontier port.' ' Court." ' Duty.' Inland navi- gation. Unlawfully • ing of bulk. Liberal construction for protec- tion of revenue. (I) t Customs warehouse ' includes sufferance warehouse, bonding warehouse and examining warehouse; (m) ' oath ' includes declaration and affirmation; (n) ' seized and forfeited/ ' liable to forfeiture/ or ' subject to forfeiture,' or any otlier expression which might of itself imply that some act subsequent to the commission of the offence is necessary to work the forfeiture, shall not be construed as rendering any such subsequent act necessary, but the forfeiture shall accrue at the time and by the com- mission of the offence, in respect of which the penalty or forfeiture is imposed; (o) ' value ' in respect of any penalty or forfeiture imposed by this Act and based upon the value of any goods or articles, means the duty-paid value of such goods or articles at the time of the commission of the offence by which such penalty or forfeiture is incurred; (p) l frontier port ' means the first port at which the vehicle carrying the goods to be entered arrives by land in Canada after crossing the frontier, and the sea, lake or river port at which the vessel in which the goods are carried arrives direct from a port or place out of Canada ; (q) 'court' means the Exchequer Court of Canada, or any superior court; (r) l duty ' or ' duties ' includes special duty and surtax; (s) all carrying by water which is not a carrying by sea or coastwise shall lie deemed to be a carrying by inland navigation ; (t) the necessary discharging of any goods for the purpose of lightening a vessel in order to pass any shoal or other- wise for the safety of such vessel shall not be deemed an unlawful landing or breaking of bulk. 2. All the expressions and provisions of this Act, or of any law relating to the Customs, shall receive such fair and liberal construction and interpretation as will best ensure the pro- tection of the revenue and the attainment of the purpose for which this Act or such law was made, according to its true intent, meaning and spirit. R.S., c. 32, ss. 2, 29, 111 ; 51 V., c. 14, s. 2 ; 58-59 V., c. 22, s. 3 ; 4 E. VII., c. 10, s. 1. DEPARTMENT OF CUSTOMS. Department constituted. 3. There shall be a department which shall be called the Department of Customs, over which the Minister of Customs for the time being appointed by the Governor General by com- mission under the Great Seal, shall preside. R.S., c. 32, s. 3; 60-61 V., c. 18, s. 2. Commis- sioner of Customs. R.S., 1906. 4. There shall be a Commissioner of Customs, who shall be the deputy of the Minister, appointed by the Governor in Coun- cil, who shall hold office during pleasure, and shall have such 752 r»owers Customs. Chap. 48. 3 powers and perform such duties as are assigned to him by the Governor in Council, or by the Minister. R.S., c. 32, s. 4; 58-59 V., c. 22, s. 3. 5. There shall be an Assistant Commissioner of Customs Assistant appointed by the Governor in Council, who shall hold office e^oTou^ 11 " during pleasure, and shall have such powers and perform such toms. duties as are assigned to him by the Governor in Council, or by the Minister. 3 E. VII. , c. 14, s. 3. 6. The Minister may, from time to time, authorize the em- Temporary ployment of such temporary or acting officers of Customs in the second or outside division of the Department of Customs as are required to carry on the work of the Department. 2. No such officer so employed shall receive a higher salary Salaries, than he would be allowed if appointed permanently to the same rank and class ; nor shall any such salary be paid until voted by Parliament. 3 E. VII., c. 14, s. 4. 7. The Department of Customs shall have the control and s, ?Jgg ts management of the collection of the duties of Customs, and of trol of De- matters incident thereto, and of the officers and persons em- partment. ployed in that service. R.S., c. 32, s. 5. BOAED OF CUSTOMS. 8. There shall be a Board of Customs, which shall consist 0t whom to of the Commissioner of Customs, or any officer for the time being acting as such, who shall be the chairman of the Board, and such other duly qualified officers of Customs as the Gov- ernor in Council from time to time appoints. 2. The Board of Customs shall have such powers and perform Powers and such duties as are assigned to it by any Act of the Parliament of Canada or by the Governor in Council. 3. Three members of the Board, of which one member shall Quorum, be either the Commissioner of Customs, or the officer for the time being acting as Commissioner of Customs, shall form a quorum, and be competent to transact the business of the Board at any meeting thereof, whether regular or special, called by the chairman. 3 E. VII., c. 14, s. 3. APPRAISERS. 9. The Governor in Council may appoint appraisers to be Appoint- called Dominion Customs appraisers and assistant Dominion ment * Customs appraisers, with jurisdiction at all ports and places in Canada; and may also appoint Customs appraisers and assistant Customs appraisers with jurisdiction at such ports and places in Canada as are designated in the order in council in that behalf. 51 V., c. 14, s. 12. 48 753 10. R.S., 1906. Chap. 48. Customs. Oath of office. Form of oath. 10. Every such appraiser and assistant appraiser shall, before acting as such, take and subscribe the following oath of office before any collector, or other person duly authorized to administer such oath: — ' I, A.B., having been appointed an appraiser of goods, wares and merchandise, and to act as such at the port of (or as the case may be), do solemnly swear (or affirm) that I will faithfully perform the duties of the said office without partiality, fear, favour or affection, and that I will appraise the value of all goods submitted to my appraisement, according to the true intent and meaning of the laws imposing duties of Customs in Canada ; and that I will use my best endeavours to prevent all fraud, subterfuge or evasion of the said laws, and more especially to detect, expose and frustrate all attempts to undervalue any goods, wares or merchandise on which any duty is chargeable. So help me God. ' A. B., ' Appraiser for (as the case may be). day of 1 Sworn before me, this 19 (as the case may be).' 51 V., c. 14, s. 12. 11. If no appraiser is appointed in any port of entry, the collector there shall act as appraiser, but without taking any special oath of office as such. 2. The Minister may, at any time, direct any appraiser to attend at any port or place for the purpose of valuing any goods, or of acting as appraiser there during any time, and such ap- praiser shall accordingly do so without taking any new oath of office. An officer of 3. Every appraiser shall be deemed an officer of the Customs. R.S., c. 32, s. 57. Collector may act as appraiser. Minister may send appraiser any port. customs. to APPLICATION OF CONSOLIDATED REVENUE AND AUDIT ACT. • Customs 12. The duties imposed by any Act relating to the Customs the'meaning shall be held to be duties within the meaning of the Consoli- thereof. dated Revenue and Audit Act, and shall, with all the matters and things thereunto relating, be subject to the provisions of the said Act, and to the regulations and orders of the Governor in Council, made under the authority thereof, in so far as the same are not inconsistent with this Act. Form part of 2. All moneys arising from such duties, or from any penal- ties by this Act imposed, and belonging to His Majesty, shall be paid over by the officer receiving the same to the Minister of Finance, and shall form part of the Consolidated Revenue Fund of Canada. R.S., c. 32, s. 6. 751 REPORT R.S., 190G. consolidated revenue fund. Customs. Chap. 48. 5 REPORT AND ENTRY INWARDS. 13. No goods shall be unladen from any vessel arriving at. Goods to any port or place in Canada, from any place out of Canada, or only "If?!" from any vessel having dutiable goods on board brought coast- due entry. wise, nor shall bulk be broken within three leagues of the coast, until due entry has been made of such goods, and warrant granted for the unlading of the same. 2. No goods shall be so unladen, unless for the purpose of In day-time, lightening the vessel in crossing over or getting free from a shoal, rock, bar or sand bank, except between sunrise and sunset, and on some day not being a Sunday or statutory holiday, and Not on at some hour and place at which an officer of the Customs is Sundav - appointed to attend the unlading of goods, or at some place for Where, which a sufferance has been granted by the collector or other proper officer, for the unlading of such goods. 3. If after the arrival of the vessel within three leagues of Stowage of the coast, any alteration is made in the stowage of the cargo so bettered. C as to facilitate the unlawful unlading of any part thereof, or if any part thereof is fraudulently staved, destroyed or thrown overboard, or any package is opened, it shall be deemed a break- ing of bulk. R.S., c. 32, s. 21. 14. All goods imported into Canada, whether by sea, land, Goods im- coastwise, or by inland navigation, whether dutiable or not, {fought in at shall be brought in at a port of entry where a Custom-house is a place of lawfully established. R.S., c. 32, s. 23. entry> 15. The collector or proper officer of any Canadian seaport Vessels may may cause any vessel, bound for such seaport from any port out ^^^tr of Canada, to be boarded by an officer, detailed by him for such 3 miles. service, at any place within three marine miles of the anchorage ground, and such officer may demand from the master or purser of such vessel a correct copy of the report inwards intended by Report, such master or purser to be presented at the Custom-house on arrival, and may remain on board the vessel until she anchors. 2. The copy of the report so received by such officer shall be c opy f ■deposited by him at the Custom-house, as the vessel's report report de- inwards, for comparison with that to be presented by the master customs.'" or purser in person. R.S., c. 32, s. 24. 16. The master of every vessel coming from any port or Report of place out of Canada, or coastwise, and entering any port in ves ?e| Canada, whether laden or in ballast, shall go without delay, sea or coast- when such vessel is anchored or moored, to the Custom-house WIse - for the port or place of entry where he arrives, and there make a report in writing to the collector or other proper officer, of the arrival and voyage of such vessel. 2. The report shall state, so far as any of the following par- Contents of ticulars are or can be known to the master, the name, country, report, tonnage and port of registry of the vessel, the name of the mas- 48| 755 ter R.S., 1906. Chap. 48. Customs. ter, the country of the owner-, the number and names <»f the passengers, it' any, the number of the crew, and whether the vessel is laden or in ballast, and if laden, the marks and num- bers of every package and parcel of goods <>n board, and where the same were laden, and the particulars of any goods stowed Loose, and where and to whom consigned, and where any and what goods, if any, have been laden or unladen, or hulk has been broken, during the voyage, also the pari of the cargo and the number and names of the passengers intended to be landed at thai port, and at any other port in Canada, what part of the cargo, if any, is intended to be exported in the same vessel, and what surplus stores remain on board. R.S., c. 32, s. 25. Report of vessel arriving by inland navi- gation. Contents of report. Production of goods and declaration of master. 17. The master or person in charge of any vessel, whether laden or in ballast, arriving by inland navigation in any port or place of entry in Canada, from any place beyond the limits of Canada, and having any goods therein, whether any duty is payable on such goods or not, shall go without delay, when such vessel is anchored or moored, directly to the Custom-house for such port or place of entry, and make a report in writing, in such form as is appointed for that purpose by competent author- ity, to the collector or other proper officer, of the arrival of such vessel. 2. The report shall state, so far as the following particulars are known to the master or person in charge, the marks and numbers of every package and parcel of goods in such vessel, or in the charge and custody of such person, from what place the same are respectively brought, and to what place and to whom they are consigned or belong. 3. The master or person in charge of the vessel shall then and there produce such goods to the collector or other proper officer, and shall declare that no goods have been unladen from such vessel or have been put out of his possession, between the time of his coming within the limits of Canada and of his mak- ing his report and affidavit, and shall further answer all such questions concerning such vessel or goods as are demanded of him by such collector or officer. U.S., c. 32, s. 2G. Production i.f liills of lading. Answering questions. 18. The master shall, at the time of making his report, if required by the officer, produce to him the bills of lading of the cargo, or true copies thereof, and shall make and subscribe an affidavit referring to his report and declaring that all the state- ments made in the report are true; and shall further answer all such questions concerning the vessel and cargo, and the crew, and the voyage, as are demanded of him by such officer, and shall, if required, make the substance of any such answer part of his report. R.S., c. 32, s. 27. A s to r°,°^ s 19. If the contents of any package intended for importation another port, into another port, or for exportation, are unknown to the master, 758 the R.S., 1906. Customs. Chap. 48. the officer may open and examine it, and cause it for that pur- pose to be landed if he sees fit. R.S., c. 32, s. 30. 20. If any goods are brought in any decked vessel, from any As to goods place out of Canada to any "port of entry therein, and not "^"knded landed, but it is intended to convey such goods to some other at the first port in Canada in the same vessel there to be landed, the duty ' 0I shall not be paid or the entry completed at the first port, but at the port where the goods are to be landed, and to which they shall be conveyed accordingly under such regulations, and with Regulations, such security or precautions for compliance with the require- ments of this Act, as the Governor in Council, from time to time, directs. R.S., c. 32, s. 31. 21. The conductor of every railway train carrying freight Report by « • . ./a o conductor on arriving at any port m Canada, from any foreign port or place, importation shall come directly, and before bulk is broken, to the Custom- 1,v railway. house at such port, and report all merchandise on board his train, or in any particular car belonging to such train, stating the marks and numbers of every package and parcel of goods on board, and where the same was laden, rnd where and to whom it is consigned, and what part thereof, if any. is intended to pass'm transitu through Canada to some port or place in the United States, or to be transhipped at some other port in Canada, to be exported to a port or place out of Canada. R.S., c. 32, s. 32. 22. Xo goods shall be imported into Canada in any vehicle, Times for ° . l . J ' importation. other than a railway carriage, or on the person, between sunset and sunrise on any day, or at any time on a Sunday or a statu- tory holiday, except under a written permit from a collector of Customs, and under the supervision of an officer. 52 \ ., c. 14, s. 3. 23. (a) The person in charge of any vehicle other than a Persons in crinriic of railway carriage, arriving by land at anv place in Canada vehicles. and containing g Is, whether any duty is payable on such goods or not ; and, (b) The person in charge of any such vehicle so arriving, Idem, whether containing goods or not, if the vehicle, or its fitt- ings, furnishings or appurtenances, or the animals drawing the same, or their harness or tackle, is or are liable to duty ; and, (c) Every'person whosoever so arriving in Canada from any Persons on port or place out of Canada, on foot or otherwise, and otherwise. having with him or in his charge or custody, any goods, whether such goods are dutiable or not; shall come to the Custom-house nearest to the point at which Arriving in he crossed the frontier line, or to the station of the officer ^^report nearest, to such point, if Bucb station i- nearer thereto than any Custom-house, before unlading or in any manner disposing of 757 the R.S., 1906. Ohap. 48. Customs. Answer questions. And make entry. the same, and there make a report in writing to the collector or proper officer, stating the contents of each and every package and parcel of snch goods and the quantities and values of the same. -. Such person shall also then truly answer all questions respecting such goods or packages, and the vehicle, fittings, furnishings and appurtenances and animals, and the harness or tackle appertaining thereto, as the Baid collector or proper officer requires of him, and shall then and there make due entry of the same, in accordance with the law in that behalf. 52 V., c. 14, s. 3. Importation by sen. time of entry. li' by inland naviga 24. Every importer of goods by sea from any place out of Canada shall, within three days after the arrival of the import- ing vessel, make due entry inwards of such goods, and land the same. 2. Every importer of goods imported by inland navigation in a decked vessel of one hundred tons burthen or more, shall, within twenty-four hours of the arrival of the importing vessel, make due entry inwards of such goods and land the same. 3. Every importer of goods imported by inland navigation in any undecked vessel, or in any vessel less than one hundred Or by land, tons burthen, or by land, shall, forthwith, after the importation of such goods, produce the same to the proper officer and make due entry thereof. R.S., c. 32, s. 31. Importer to deliver to collector. Invoice. Bill of entry. 25. The person entering any goods inwards shall deliver to the collector or other proper officer, — (a) an invoice of such goods showing the place and date of purchase and the name or the style of the firm or person from whom the goods were purchased, and a full descrip- tion thereof in detail, giving the quantity and value of each kind of goods so imported; and, (b) a bill of entry of such goods, in such form as is appointed by a competent authority, fairly written or printed, or partly written and partly printed, and in duplicate, con- taining the name of the importer, and if imported by water, the name of the vessel and of the master, and of the place to which bound, and of the place, within the port, where the goods are to be unladen, and the description of the goods, and the marks and numbers and contents of the packages, and the place from which the goods are imported, and of what country or place such goods are the growth,, produce or manufacture. U.S., c. 32, s. 35. Quantity and 26. The quantity and value of any goods shall always be stated in stated in the bill of entry thereof, although such goods are not entry. subject to duty, and the invoice thereof shall be produced to the collector. U.S., c. 32, s. 38. Duties to be 27. Unless the goods are to be warehoused in the manner by unless d °goods ^is Act provided, the importer shall, at the time of entry pay 753 down R.S., 1906. Customs. Chap. 48. 9 down, or cause to be so paid, all duties upon all goods entered are ware- inwards; and the collector or other proper officer shall, imme- ouse " diately thereupon, grant his warrant for the unlading of such Warrant and goods, and grant a permit for the conveyance of such goods per further into Canada, if so required by the importer. U.S., c. 32, s. 36. 28. In default of such entry and landing, or production of Ware- the goods, or payment of duty, the officer may convey the goods hoU8inK - to a Customs warehouse, or some secure place appointed by the collector for such purpose, there to be kept at the risk and charge of the owner. . * 2. If such goods are not duly entered within one month from Sale if not the date of their being so-conveyed to the Customs warehouse, ^thta one or other appointed place, and all charges of removal and ware- month, house rent duly paid at the time of such entry, the goods shall be sold by public auction to the highest bidder, and the proceeds thereof shall be applied first to the payment of duties and charges, and the surplus, if any, after discharging the vessel's lien, or other charges for transportation, shall be paid to the owner of the goods or to his lawful agent: Provided that, if the Proviso as to goods cannot be sold for a sum sufficient to pay the duties and worth the charges, if offered for sale for home consumption, or the charges, charges on if offered for sale for exportation, such goods shall not be sold, em ' but shall be destroyed. R.S., c. 32, s. 37. 29. If the importer of any goods whereon an ad valorem Entries by duty is imposed, or the person authorized to make the declara- bl11 of 81ght- tion required with regard to such goods, makes and subscribes a declaration before the collector or other proper officer, that he cannot, for want of full information, make perfect entry there- of, and takes the oath in such cases provided, then the collector or officer may cause such goods to be landed on a bill of sight for the packages and parcels thereof, by the best description that can be given, and to be seen and examined by such person and at his expense, in the presence of the collector or other Deposit of proper officer, or of such other officer as is appointed by the said mo t ney for collector or other proper officer, and to bo delivered to such per- son, on his depositing in the han Is of the collector or officer a sum of money sufiicient in the judgment of the collector or officer to pay the duties thereon. 2. If the importer does not complete a perfect entry within To be the time appointed by the collector, the money so deposited shall perfect d entry be taken and held to be the duty accruing on such goods, and not made, shall be dealt with and accounted for accordinglv. R.S., c. 32. s. 39. 30. Such sight entry may be made as aforesaid and the if importer goods may be delivered, if such importer or person as aforesaid swc, ? rs l . hat makes oath or affirms that the invoice has not been and cannot 1ms been or be produced, and pays to the collector or proper officer afore- ^"Jj 6 pro " said a sum of money sufficient in the judgment of such collector V59 or R.S.,1906. 10 Chap. 48. Customs. Entry not perfect unless in voice pro- duced. or officer to pay the duties or such goods; and such sum shall thou ho held to ho tho amount of such duties. U.S., e. 32, s. 40. 31. No entry shall, except in cases in which it is otherwise provided herein or by regulation of the Governor in Council, be deemed perfect unless a sufficient invoice of the goods to be entered, duly certified in writing thereon as correct by the per- son, firm or corporation from whom the said goods were pur- chased, has been produced to the collector, and duly attested as required by this Act, and, in tho case of consigned goods, veri- fied by the oath of the consignor. 51 V., c. 1 I, s. 0. Invoice to be attested on oath and by whom. Particulars of oath. 32. With the bill of entry of any goods, there shall he pro duccd and delivered to and loft with the collector an invoice of the goods, as provided in tho last preceding section, attested by the oath of the owner, and if the owner is not the person enter- ing such goods, then verified by the oath of the importer or con- signee, or, subject to the provision hereinafter made, some other person who may lawfully make such entry and verify such invoice, in the form or to the effect of the oath or oaths pre- scribed by the Governor in Council in that behalf. 2. Such oath or oaths shall be written or printed, or partly written and partly printed on such invoice, or on the bill of entry, as the case may be, or shall be annexed thereto, and shall in either case distinctly refer to such invoice so that there can be no doubt as to its being the invoice to which the oath is intended to apply, and such oath shall be subscribed by tho per- son making it and certified by the signature of the person before whom it is made. attestation"^ 3 - Tlie oiU of entr . v 8na11 als0 contain a statement of the hill of entry. quantity and value for duty of the goods therein mentioned, and shall be signed by the person making the entry, and shall be verified in the form or to the effect of the oath prescribed by the Governor in Council in that behalf. R.S., c. 32, s. 42. If more owners than one. Further attestation of invoice. R.S., 1906 33. If there are more than one owner, importer or consignee of any goods, any one of them cognizant of the facts may take the oath required by this Act; and such oath shall be sufficient unless the goods have not been obtained by purchase in the ordinary way, and some owner, resident out of Canada, is the manufacturer or producer of the goods, or concerned in the manufacture or production thereof, in which case the oath of such non-resident owner, or one of the non-resident owners, if there are more than one, cognizant of the facts shall be requi- site to the due attestation of the invoice. U.S., c. 32, s. 43. 34. The invoice of any goods produced and delivered to the collector, with the bill of entry thereof, shall, if required by the collector, be attested by the oath of the owner or one of the own- ers of such goods, and shall also be verified by the oath of the importer or consignee or other person who may, under this Act, 760 lawfully Customs. Chap. 48. 11 lawfully make entry of such goods and verify such invoice, if the owner or one of the owners is not the person entering such goods ; and shall also, if required by the collector, be attested by the oath of the non-resident owner being the manufacturer or producer of such goods, in the case mentioned in the last pre- ceding section, although one of the owners is the person entering the goods and verifying the invoice on oath. R.S., c. 32, s. 14. 35. If the owner, importer or consignee of any goods is dead, In case of or a bankrupt or insolvent, or if for any cause his personal f a o-!vner.°'' estate is being administered by another person, his executor, curator, administrator or assignee, or person administering as aforesaid, may, if cognizant of the facts, take any oa'th and make any entry which such owner, importer or consignee might otherwise have taken or made. R.S., c. 32, s. 45. 36. l^o person other than the owner, consignee or importer When oath of the goods of which entry is to be made, shall be allowed to by pereon* take any oath connected with the entry, unless there is attached other than to the bill of entry therein referred to, a declaration by the owner ' e c - owner, consignee or importer of the said goods, or his attorney and agent duly appointed to transact business with the collector, pursuant to the provisions in that behalf of this Act, to the same effect as the oath, distinctly referring to the invoice pre- sented with such bill of entry, and signed by such owner, im- porter or consignee, or by his attorney and agent appointed as aforesaid, either in presence of the agent making the entry, or of a justice of the peace or notary public, who shall attest the signature. R.S., c. 32, s. 46. 37. Such declaration shall be kept by the collector, but may Declaration be dispensed with under the order of the Governor in Council, "* ay be , when it is deemed advisable, in the interests of commerce, to with. dispense therewith. R.S., c. 32, s. 47. 38. Vessels entering the gut of Annapolis may be reported Vessels and entered, and the duties on goods therein imported paid, g U l e 'f ns the either at the port of Digby or Annapolis. U.S., c. 32, s. 172. Annapolis. 39. Vessels entering the Great Bras d'Or or Little Bras d'Or And the shall be reported and entered at such place as the Minister, from jvj?' £ r time to time, directs. U.S., c. 32, s. 173. d'Or. VALUATION I-' OR DUTY. 40. Whenever any duty ad valorem is imposed on any goods How imported into Canada, the value for duty shall be the fair determined, market value thereof, when sold for home consumption, in the principal markets of the country whence and at the time when the same were exported directly to Canada. R.S., c. 32. s. 58. 761 41. R.S., 1906. 12 Chap. 48. Customs. Fair market 41. Such market value shall be the fair market value of such goods in the usual and ordinary commercial acceptation of the term, at the usual and ordinary credit, and not the cash value of such goods, except in cases in which the article im- ported is, by universal usage, considered and known to be a •■ash article, and so bona fide paid for in all transactions in relation to such article. Cash values. 2. All invoices representing cash values, except in the special cases in this section referred to, shall be subject to such addi- tions as to the collector or appraiser of the port at which they are presented appear just and reasonable, to bring up the amount to the true and fair market value, as required by this section*. R.S., c. 32, s. 59. Certain cases 42. If any difficulty arises in determining the fair market of difficulty. vallie for dut ^ Q £ g 00( ] s imported into Canada, which are the manufacture or production of foreign countries or of Great Britain, such as musical instruments, sewing ranchines, agricul- tural machines or implements, medical preparations, commonly called patent medicines, and other goods, the prices of wliich are published by the manufacturers or producers, or persons Governor in acting on their behalf, the Governor in Council may, from time Council may to time, fix and determine a certain rate of discount which may be applied to such published prices of any such manufactures or productions, and such published prices, subject to deduction of the amount of discount according to such rate, shall be deemed and taken to be the fair market values of any such manufactures or productions respectively as are specified in such order in council. R.S., c. 32, s. 60. Appraisers 43. The Dominion Customs appraisers and every one of ruT and them and every person who acts as such appraiser, or the collec- fair market tor of Customs, as the case may be, shall, by all reasonable ways and means in his or their power, ascertain, estimate and appraise the true and fair market value (any invoice or affidavit thereto to the contrary notwithstanding), of the goods at the time of exportation and in the principal markets of the country whence the same have been imported into Canada, and the proper weights, measures or other quantities, and the fair market value thereof, as the case requires. Goods 2. In the case of goods shipped to Canada on consignment, consignment, but sold by the exporter to persons in Canada prior to their importation into Canada, the amount of the valuation for duty shall not be less than the invoice value to the Canadian pur- chaser, exclusive of all charges upon the goods, after shipment from the place whence exported directly into Canada. Value of best 3. "When articles of the same material, or of a similar kind tained in" Dnt °* a different quality, are found in the same package, package to charged or invoiced at an average price, the appraisers shall adopt the value of the best article contained in such package as be average aaopi me vaiue oi me uesi ai 762 the R.S., 1906. Customs. Chap. 48. 13 the average value of the whole ; and duty shall be levied thereon accordingly. 4. The Board of Customs may review the decision of any Board of appraiser or collector of Customs as to the principal markets of revfew 18 l ° the country, or as to the fair market value of goods for duty decision of purposes; and the decision of the Board of Customs in regard npr,raise "*- to such principal markets, and value of goods for duty purposes in any case or class of cases, shall, when approved by the Min- ister, be final and conclusive, except as otherwise provided in this Act. 52 V., c. 14, s. 5 ; 4 E. VII., c. 10, s. 4. 44. The fair market value of goods shall be taken to in- Drawback elude the amount of any drawback which has been allowed by foreign kov- the Government of any other country, also the amount of con- ernment, etc sidcration or money value of any special arrangement between the exporter and the importer, or between any persons interested therein, because of the exportation or intended exportation of such goods, or the right to territorial limits for the sale or use thereof, and also the amount or money value of any so-called royalty, rent or charge for use of any machine or goods of any description, which the seller or proprietor does or would usually charge thereon when the same are sold or leased or rented for use in the country whence they have been exported to Canada. 2. When the amount of such drawback, consideration, money J f deducted value, royalty, rent, or charge for use has been deducted from the value of such goods, on the face of the invoice under which entry is to be made, or is not shown thereon, the collector of Customs or proper officer shall add the amount of such deduc- tion, drawback, consideration, money value, royalty, rent or charge for use, and cause to be paid the lawful duty thereon. 52 V., c. 14, s. 6. 45. 'No deduction of any kind shall be allowed from the No deduction value of any goods imported into Canada, because of any draw- by'reaaonof back paid or to be paid thereon, or because of any special ar- drawback, rangement between the seller and purchaser having reference to the exportation of such goods, or the exclusive right to terri- torial limits for the sale thereof, or because of any royalty payable upon patent rights but not payable when the goods are purchased for exportation, or on account of any other considera- tion by which a special reduction in price might or could be obtained: Provided that nothing in this section shall be under- Proviso, stood to apply to general fluctuations of market values. R.S., c. 32, s. 65. 46. Whenever goods arc imported into Canada under such Special cases circumstances or conditions as render it difficult to determine of dlfficu,tv the value thereof for duty because, — (a) such goods are not sold for use or consumption in the country of production ; or, 763 (b) R.S., 1906. u Chap. 48. ( 'usloms. In be sole judge. Medicinal ind ' preparations. (b) a lease of such goods or the right of using the same but no1 the right of property therein is sold or given; or, (c) such goods having ;i royalty imposed thereon, the royalty i- uncertain, or is no1 from other causes a reliable means of estimating the value of the goods; or, (d) such poods are usually or exclusively sold by or to agents or by subscripl ion : or, (e ) such goods are sold or imported in or under any other unusual or peculiar manner or conditions; Minister may t ] l0 Minister may determine the value for duty of such goods, value.' and the value so determined shall, until otherwise provided, ho the value upon which the duty on such goods shall be computed and levied. 2. The Minister shall be the sole judge as to the existence of all or any of the causes or reasons aforesaid. 51 V., e. 14, s. 15. 47. The Minister shall in like manner and with the like effect determine the value for duty of all material imported to form medicinal or toilet preparations, either alone or with other articles or compounds, and intended to he put up, labelled or sold under any proprietary or special name or trade mark: Provided that the Minister may refer to the appraising officers for valuation such of the materials as have a fair market value in the ordinary course of trade. 60-61 V., c. 16, s. 11; 3 E. VII., c. 14, s. 14. 48. No deduction from the value of goods contained in any invoice shall be allowed on account of the assumed value of any package or packages, where no charge for such package or pack- ages has been made in such invoice; and, where euch charge is made, the Customs officer shall see that the charge is Pair and reasonable, and represents no more than the original cost thereof. R.S., c. 32, s. 00. None for 49 > ]§ deduction from the value of goods in any invoice straw, 'cord- shall be made on account of charges for packing, or for straw, ing, etc. twine, cord, paper, cording, wiring or cutting, or for any ex- pense incurred or said to have been incurred in the preparation and packing of goods for shipment, and all such charges and expenses shall, in all cases, be included as part of the value for duty. R.S., c. 32, s. 07. As to goods 50. The Governor in Council may provide that in the cases Canada ° and on the conditions to be mentioned in the order in council, goods bona fide exported to Canada from any country, hut passing in transitu through another country, shall be valued for duty as if they were imported directly from such first men- tioned country: Provided that goods which have been entered for consumption or for warehouse, or which have been per- mitted to remain unclaimed, or which have been permitted to remain for any purpose, in any country intermediate between '764 ' the R.S., 1906. No deduction for value of packages. throngli another country. Customs. Chap. 48. 15 the country of export and Canada, shall not be considered as in transitu through such intermediate country, hut shall be treated as goods imported from such intermediate country ami be valued and rated for duty accordingly. U.S., c. 32, s. G8 ; 52 V., c. 14, s. 7. 51. The standards or instruments by which the colours and standards grades of sugar are to be regulated, and the classes to which f sugar. " sugars shall be held to belong, with reference to duty chargeable thereon, shall be selected and furnished, from time to time, to the collectors of such ports of entry as are necessary, by the Minister in such manner as he deems expedient. 2. The decision of the appraiser, or of the collector of a port Decisi* n of where there is no appraiser, as to the class to which any sugar vaUd^unless belongs, and the duties to which it is subject, shall be final and appealed conclusive, unless upon appeal to the Commissioner of Customs. within thirty days, such decision is, with the approval of the Minister, changed ; and the decision of the Commissioner with such approval shall be final. R.S., c. 32, s. Gl). 52. If, upon any entry or in connection with any entry, it Goods appears to any Dominion appraiser or to the Board of Customs l^raised'for that any goods have been erroneously appraised, or allowed entry entry. at an erroneous valuation by any appraiser or collector acting as such, or that any of the foregoing provisions of this Act re- specting the value at which goods shall be entered for duty have not been complied with, such Dominion appraiser or such Board may make a fresh appraisement or valuation, and may Fresh ap- direct, under the valuation or appraisement so made, an amended entry and payment of the additional duty, if any, on such goods, or a refund of a part of the duty paid, as the case requires, subject, in case of dissatisfaction on the part of the importer, to such further inquiry and appraisement as in such case hereinafter provided for. 52 V., c. 14, s. 8. 53. If the importer, owner, consignee or agent is dissatisfied Power of np- wiih the first appraisement, any appraiser, or any collector collector acting as such, or the persons to be selected as hereinafter men- '" examine i • 1 • i n i n i ■ persons on tinned to examine and appraise any goods, may call beiore linn ,, a th. or them and examine upon oath any owner, importer, consignee or other person, touching any matter or thing which such appraiser, collector or persons deem material in ascertaining the true value of any goods imported, and may require the pro- duction on oath of any letters, accounts, invoices, or other papers or account books relating to the same in the possession of such owner, importer, consignee or other person. R.S., c. 32, s. 71. 54. If any person called, as provided in the last preceding Penalty for section, who is the owner, importer or consignee of the goods in ^tend^or question, neglects or refuses to attend, or declines to answer, or answer. refuses to answer in writing, if required, any interrogatories, 765 or R.S., 1906. 16 Chap. 48. Customs. Appraise- ment final. or to subscribe his name to his deposition or answer, or to pro- duce any such papers or account books, as provided by the last preceding section, when required so to do, the appraisement which the appraiser or collector acting as such shall make, or shall have made thereof, shall be final and conclusive. U.S., c. 32, s. T2. Depositions to be filed. If the im- porter is dis- satisfied with the appraise ment. Experienced valuators to he selected. Their ap- praisement final. Shall apply to no other case. Oath of valuators. Remunera- tion of valuators. By whom paid. 55. All depositions or testimony in writing taken in anj such examination shall be filed in the office of the collector at the place where the same is made or taken, there to remain for future use or reference. R.S., c. 32, s. 73. 56. Except as in this Act otherwise provided, if the im- porter, owner, consignee or agent, having complied with the requirements of this Act, is dissatisfied with the appraisement made of any such goods by the appraiser, hereinbefore men- tioned, he may, within three days, give notice in writing to the collector of such dissatisfaction ; on the receipt of which notice the collector shall at once notify such importer, owner, con- signee or agent, to select one disinterested and experienced per- son familiar with the character and value of the goods in ques- tion, and the collector shall select a second person of similar knowledge, and notifv such importer, owner, consignee or agent of such appointment. 2. The persons so selected, together with a third selected by the Minister from among the members of the Board of Customs, shall examine and appraise the goods in accordance with the provisions of this Act, and the decision of such persons, or of a majority of them if they are not unanimous, shall be reported to the collector and shall be final and conclusive, and the duty shall be levied and collected accordingly. 3. Such decision shall in no way apply to any case, except that submitted for the consideration of such appraisers. 4. Every person who acts as an appraiser under this section, except a member of the Board of Customs selected by the Min- ister as aforesaid 2 shall take an oath, before a collector of Customs or a justice of the peace, to act without fear, favour or partiality, and to appraise the goods with reference to which he is called on to act, in accordance with the laws imposing duties of Customs in Canada. 51 V., c. 14, s. 16. 57. The said persons chosen to appraise shall each be en- titled to the sum of five dollars, which shall be paid by the person dissatisfied with the first appraisement, if the value ascertained by the second appraisement is equal to or greater than that ascertained by such first appraisement, or if the value ascertained by such second appraisement exceeds by ten per centum, or more, the value of the goods for duty as appears by the invoice and bill of entry thereof ; otherwise the same shall be paid by the collector out of any public moneys in his hands, and charged in his accounts. U.S., c. 32, s. 75. 766 how Ji.S., 1906. Customs. Chap. 48. 17 HOW RATE AND AMOUNT OF DUTY ASCERTAINED. 58. Whenever any difference arises or whenever any doubt Board of exists as to whether any or what rate of duty is payable on any decla°re rate* 7 class of goods, and there is no previous decision upon the ques- °f dutv . ° r tion by any competent tribunal, binding throughout Canada, a re free the Board of Customs may declare the rate of duty payable on the class of goods in question, or that such goods are exempt from duty, subject in each case to an appeal, by any person Appeal, interested, to the Governor in Council ; and any such declaration of the Board of Customs when approved by the Minister, or any such declaration when made by any order in council upon appeal, shall have force and effect as if the same had been sane- Effect of tioned by statute. order - 2. Such declaration or order in council may state a day upon Coming into which it is to come into effect, and shall in that case only have force - effect upon and after the day so named: Provided that no such Proviso, declaration or order in council shall be deemed to affect the liability for duty of, or the rate of duty applicable to, any goods imported previous to the time when it comes into effect. 3. Every order in council made under this section shall be Publication published in the Canada Gazette. 3 E. VII., c. 14, s. 5. 59. All invoices of goods shall be made out in the currency Currency of of the country whence the goods are imported, or in the cur- rency in which the goods are actually purchased, and shall contain a true statement of the value of such goods ; and in computing the value for duty of such currency the rate thereof shall be such as has been ordered and proclaimed from time to Value of time by the Governor in Council who is hereby empowered to make such order. 2. The rate so ordered shall be based upon the actual value Rate of of the standard coins or currency of such country as compared such value - with the standard dollar of Canada in so far as such compara- tive values'are known. 3. Whenever the value of a currency has not been proclaimed, When value or whenever there is no fixed standard value, or whenever from ° urr en Cy i 8 any cause, the value of such currency has become depreciated, uncertain, there shall be attached to the invoice of the goods imported the certificate of some consul resident in such place or country, showing the extent of such depreciation, or the true value of the currency in which such invoice is made out, at the time when and in the place or country where such certifier! to is given, as compared with the standard dollar of Canada : Provided that, Proviso, wherever the value of a depreciated currency is dependent upon exchange the rate of exchange on London, it shall be optional with the importer, with the consenl of the collector of Customs, to com- pute the value for duty a) the rate of exchange certified by the bank through which the same is drawn, as enrrent at the time and place when and whence the o-oods were exported to Canada. 767 4. R.S., 1906. 13 (Imp. 48. Customs. Determina- 4, When the currency value is determined, as hereinbefore final. provided, a1 the time of entry, either by a consul's certificate or by the certificate of a bank, such rate or value shall be final and not open to any readjustment by reason of the subsequent production of any certificate not corresponding in rate or value with that adopted. Invoices to 5. All such invoices shall faithfully exhibit the transaction prices of between the exporter and the importer, and contain a true and full statement of the actual price payable for the goods, includ- ing cartons, cases and coverings of all kinds and all expenses incident to placing the goods in condition, packed ready for shipment to Canada, and no such invoice shall state any dis- count other than such as has been actually allowed to the importer. R.S., c. 32, s. 10; 3 E. VII., c. 14, s. 6. ifie 60. Whenever duties are imposed according to any specific JaSes? 163 ° r quantity ot to any specific value, the same shall be deemed to apply in the same proportion to any greater or less quantity or value, and to any fractional part of such specific quantity. R.S., c 32, s. ll/ Allowances gj # \yi iene ver duties are charged according to the weight, draft. tale, gauge or measure, such allowances shall be made for tare ami draft upon the packages as are prescribed by regulations made by the Governor in Council. 51 V., c. 14, s. 6. Xon-ei:u:i.cr- 62. On each and every non-enumerated article which bears 'i t on "ivt icIgs • ring a similitude, either in material or quality, or the use to which similitude to ft mav b e applied, to any enumerated article chargeable with articled duty, the same rate of duty shall be payable which is charged on the enumerated article which it most resembles in any of the particulars before mentioned. R.S., c. 32, s. 13. If articles 63. If any non-enumerated article equally resembles two more than or more enumerated articles on which different rates of duty are "'"' (11U " chargeable, the duty on such non-enumerated article shall be article. the same as that on the enumerated article which it resembles, ] laying the highest duty. E.S., c. 32, s. 14. ,; Is made 64. On any article not enumerated, manufactured of two on^material. or more materials, the duty shall be assessed at the highest rate at which it would be chargeable if the article were composed wholly of the component material thereof of chief value, having regard to the condition of the component materials as found in the article. 3 E. VII., c. 14, s. 7. Enumerated 65. If an article is enumerated in the tariff under two or than'one" 76 more names or descriptions, and there is a difference of duty, name. the highest duty provided shall be charged and collected thereon. R.S., c. 32, s. 16. 768 66. R.S., 1906. Customs. Chap. 48. 19 66. Spirits and strong waters, from whatsoever substance Spirits and distilled or prepared, having the flavour of any kind of spirits !^°e r g s or strong waters, subject to a higher duty than whiskey, shall be liable to the duty imposed on spirits or strong waters of which they have the flavour. U.S., c. 32, s. 17. 67. In the case of all wines, spirits, or alcoholic liquors strength to subject to duty according to their relative strength of proof, {°jkg d a j: cer " such strength shall be ascertained either by means of Sykes' Svkes' hydro- hydrometer or of the specific gravity bottle, as the Minister n,eter - directs. 2. If such relative strength cannot be correctly ascertained Distillation by the direct use of the hydrometer or gravity bottle it shall be ° a samp e * ascertained by the distillation of a sample and the subsequent test in like manner of the distillate. 60-61 V v c. 16, s. 10 ; 3 E. VII., c. 14, s. 15. 68. Goods derelict, flotsam, jetsam or wreck, or landed or Goods saved from any vessel wrecked, stranded or lost, brought or \ vr ^ e t d or coming into Canada, shall be subject to the same duties and regulations as goods of the like kind imported are subject to. K.S., c. 32, s. 18. 69. The collector or any appraiser may take samples of any Samples may goods imported, for the purpose of ascertaining whether any be taken. and what duties are payable on such goods; and such samples shall be disposed of as the Minister directs. U.S., c. 32, s. 20. 70. When parts of any manufactured article are imported Average rate into Canada, each such part shall be charged with the same rate ° art £ of °any of duty as the finished article, on a proportionate valuation ; mainl- and, when the duty chargeable thereon is specific, or specific article. and ad valorem, an average rate of ad valorem duty, equal to the specific or specific and ad valorem duty so chargeable, shall be ascertained and charged upon such parts of the manufac- tured article. 52 V., c. 14, s. 4. 71. The surplus stores of vessels arriving in Canada shall Surplus be subject to the same duties and regulations as if imported as "esselsto )ie merchandise; but if the owner or master desires to warehouse dutiable. the same for re-shipment for the future use of the vessel, the |, " ,vlso - collector may permit him so to do. U.S., c. 32, s. 166. GOODS DAMAGED OR LOST. 72. If any goods imported by water, or partly by water and Abatement partly by land, on which duties, ad valorem or specific, or both, of duties - are payable, receive damage during the voyage of importation, between the actual departure of the vessel in which they are laden from the foreign port of exportation and the actual arrival of the goods at the port of destination in Canada, where- 49 769 by "K.S., 1906. 20 Chap. 48. Customs. by such goods have become lessened in value, an abatement may be made, in the manner hereinafter provided, in the duty pay- able upon such goods ; or, if duty has been paid thereon, a refund of a part of such duty may be made proportionate to the damage Tin " sustained; if, in either case, the claim therefor is made in due claim limited, form and is properly substantiated at the first landing from such vessel of the said goods, and while they are in the custody of the Crown, or as soon after such first landing as they can be Proviso. examined: Provided that such examination shall be completed and certified by the collector, Customs appraiser or other proper offi(vr. who shall assess such damage, within fourteen days of the date of entry or of such landing. K.S., c. 32, s. 49 ; 3 E. VII., c. 14, s. 8." bVrKay 1 ^* If any goods imported by railway, or by any other or other land vehicle, on which goods duties ad valorem or specific, or both, are payable, receive damage during the course of transporta- tion, after they are laden on such railway or other vehicle, and before they arrive at the port of destination in Canada, whereby they become lessened in value, an abatement may be made in the manner hereinafter provided in the duty payable upon such goods, if the claim for such abatement is made in due form within fourteen days of the date of entry or of the arrival of such goods at the port of destination in Canada, and is substan- tiated in the same manner as is provided in the last preceding section. R.S., c. 32, s. 50; 3 E. VII., c. 14, s. 9. Time of claim. Duty of collector or appraiser. Importer mny aban- don. What shall not be re- garded as eviden damage. R.S., 1906. 74. The collector or appraiser or other proper officer whose duty it is to examine and assess the amount of damage sustained in course of importation, shall do so with all possible despatch on being notified so to do, and shall certify the exact cause and extent of such damage with reference to the value of the goods in the principal markets of the country whence imported, and not according to the value in Canada : Provided that the col- lector may permit an importer, within fourteen days after entry or landing, to abandon to the Crown any whole package or pack- ages of damaged goods and be relieved from the payment of the duties on the portion so abandoned ; and the goods so aban- doned shall be destroyed if, in the opinion of the collector, they cannot be sold for a sum sufficient to pay duties and charges. R.S., c. 32, s. 51; 3 E. VIL, c. 14, s. 10." 75. The collector or appraiser shall not regard as evidence of the existence or amount of damage any price realized at an auction or forced sale of goods, nor shall he estimate any damage nor shall any damage be allowed or duty refunded for, — (a) decay, dampness or other cause existing before the voyage commenced and which has rendered the goods unfit to withstand the ordinary risks of the voyage of importa- tion; 770 (b) Customs. Chap. 48. 21 (b) rust on iron or steel or any manufacture thereof, except manufactured articles composed in whole or in part of polished steel and polished Russia iron and Canada plates, and on such only for the amount of loss in excess of twenty- five per centum of the whole quantity damaged ; (c) stains or injury to any packages holding liquids or the labels thereon unless the contents of such packages have, at the same time, received actual specific damage by the admixture therewith of water or other foreign substance. 51 V., c. 14, s. 10; 3 E. VII., c. 14, s. 11. 76. The collector or appraiser shall not estimate any damage No allowance nor shall any damage be allowed or duty refunded for or with sugar- respect to sugar or nnv other saccharine product on which the duty is to be computed according to the polarisoopio test: Pro- Proviso, vided that the Minister may make a deduction from the per- centage of saccharine matter shown by the polariscope to be contained in such sugar or other saccharine product, whenever the same has been damaged by salt water during the voyage of importation, equal to five times the percentage of salt actually present in the excess of water found in such damaged sugar or other saccharine product, over and above that found in samples of the same which have not been so damaged, as established by a certificate from the Customs exoerts employed by him to make such test. 51 V., c. 14, s. 10. 77. When the collector or appraiser has ascertained the per- Percentage centage of damage, such percentage shall be deducted from the £ e deducted original value of the goods, and duty shall then be levied and for duty, collected on such reduced value at an ad valorem rate, which shall be equivalent to the rate of specific or specific and ad valorem duty which should have been collected upon such goods if they had not been so damaged. U.S., c. 32, s. 53. 78. Upon production of satisfactory proof to the Minister Refund of of the actual injury or destruction, in whole or in part, of any g0 ods dam- goods by accidental fire, or other casualty, while they remained aged while in in the custody of the officers of the Customs in any Customs warehouse, or while in transportation in bond from one port of entry to another port of entry in Canada, or while within the limits of any port of entry and before they wore landed under the supervision of the officers of the Customs, the duties on the whole or the part thereof so proved to have boon injured or destroyed may be abated or refunded, if the olaini is made within fourteen days after the date of the casualty, and due appraisement is made of the goods so alleged to be injured as soon as they can be examined. 3 E. VII., c. 14, s. 12. 79. An allowance may ho made for deterioration by natural ^""y deeay during the voyage of importation upon perishable articles, to^ certain 6 such as green fruits and vegetables, imported into Canada : but P oods on .m *** ■ vovage. 40J 771 in E.S., 1906. 22 Chap. 48. Customs. in assessing the same, and in est Lmating the damage by breakage Upon brittle goods, such as crockery, china, glass and glassware, under the provisions of this Act, such allowance or damage shall only be made and allowed for the amount of loss in excess of twenty-five per centum of the whole quantity damaged; and only if claim is made therefor and the loss or damage certified upon examination made by the appraiser or proper officer within three days of the landing or arrival of such goods at the port of destination thereof. Refund of o. If the duty has been paid on the full value of the articles a refund of such duty mav be allowed and paid on application to the Minister in the proportion and on fulfilment of the con- ditions hereinbefore specified, but not otherwise. U.S., c. 32, s. 55. WAREHOUSING. Warehousing 80. poods given to the collector clear- ance. What entries shall state. Oath. Export duty to be paid. As to goods exported. itiotia incurred by i ill iy for export. clearance to the collector at the nexl port in Canada at which he arrives, immediately on bis arrival. R.S., c. 32, s. 98. 99. Before a clearance is granted to any vessel bound to a porl or place ou1 of ( !anada, the owners or shippers or consignors of the cargo on board such vessel shall deliver to the collector or other proper officer of Customs entries of such parts of the cargo as are shipped by them respectively, and shall verify the same by oath. 2. Such entries shall specify the kinds and quantities of the articles shipped by them respectively, and the value of the total quantity of each kind of article, and whether the said goods are of Canadian or of foreign production or manufacture. 3. Such oath shall state that such entry contains a full, just and true account of all articles laden on board of such vessel by such owners, shippers or consignors respectively; and that the values of such articles are truly stated according to their actual cost, or the value which they truly bear at the port and time of exportation. 4. In case the goods so shipped or any part thereof are or is liable by law to any export duty, the amount of such duty shall be stated in such entry ; and no such entry shall be valid, and no clearance shall be granted to such vessel until such duty is paid to the collector or other proper officer of Customs. R.S., c. 32, s. 101. 100. All goods or merchandise exported by sea, by land or by inland navigation shall be reported and entered outwards at the nearest Custom-house, and a certified copy of the export entry shall be attached to and accompany the waybill of goods; or, if exported from any place where no Custom-house is estab- lished, they shall be reported either in like manner at such nearest Custom-house or at the port of exit from Canada, accord- ing to such regulations as are established by the Governor in Council from time to time. 51 V., c. 14, s. 22. 101. Upon the entry outwards of any goods to be exported from a Customs warehouse, either by sea or by land or by in- land navigation, as the case may be, the person entering the same for such purpose shall, by and upon the making of such entry, whether so expressed in such entry or not, become bound, when the entry aforesaid is for exportation by sea, to the actual exportation of the said goods, and, when the entry aforesaid is for exportation by land or inland navigation, to the actual land- ing or delivering of the goods at the place for which they are entered outwards, or, in either case, to otherwise account for the said ^oods to the satisfaction of the collector or other proper officer, and to produce, within a period to be named in such entry, such proof or certificate that such goods have been ex- ported, landed or delivered or otherwise lawfully disposed of, 776 as K.S., 190G. Customs. Chap. 48. 27 as the case may be, as shall be required by any regulation of the Governor in Council, or by the collector or other proper officer. 51 V., c. 14, s. 22. 102. If, within the period appointed in the entry for such Upon what exportation, there is produced to the collector or other proper oblation officer the written certificate of some principal officer of Cus- cancelled, tonis or of colonial revenue at the place to which the goods were exported, or, if such place is in a foreign country, of any proper officer of Customs therein or of any British or foreign consul or vice-consul resident there, showing that the goods named in the said entry were actually landed and left at some place, naming it, out of Canada, as provided for in the said entry, or, if it is proved to the satisfaction of the collector or other proper officer that the said goods were, after leaving Canada, lost and des- troyed, the person making such export entry shall be deemed to have satisfied the obligation thereby imposed upon him. 51 V., c. 14, s. 22. 103. The ^Minister may define and limit the kind, quantity Minister may and class of o ods which may be delivered out of warehouse ?£??£* '?,"'! * * illlllL CJUdll" as ship s stores, and also the kind, quantity and class of goods tity of goods arriving in Canada as stores of vessels, which may be used free as of duty on board such vessels in Canadian waters, or which may be treated as surplus stores of vessels, and any such goods, within the definition or limitation so established, may be de- livered out of warehouse as ship's stores for any vessel of the registered tonnage of fifty tons or upwards, bound on a voyage to a port out of Canada, or engaged in trade between an Atlani ic port and a Pacific port of Canada, or in trade on inland waters along the boundary between Canada and the United States, or for any vessel bound for and engaged in the deep sea fishing, , upon proof being made by affidavit of the master or owner or his agent, to the satisfaction of the proper officer, that the stores are necessary ami intended for the purposes aforesaid, fil V., c. 36, s.l. 104. The owners, shippers or consignors of any goods con- Entry of signed to a port or place out of Canada, to lie transported by B ° od / ? ut " railway or other land conveyance, shall enter the same for land con- exportation at the Custom-house nearesl to the place of landing . v, ' vance - :iinl such entry shall Bpecify the kinds and quantities of the articles laden by them respectively, ami the proper name and description of ihe railway over which such goods are to be transported, or of any other conveyance t<» be used for the same purpose; and they shall verify the entry by oath, and such oath Verified by shall be of the same form ami tenor as that required from owners, shippers or consignors of goods to be transported by sea. 2. Tf any of such goods are liable by law to any exporl duty, Export duty. Buch duly shall be clearly stated upon such entry, and no rail- way ear or other vehicle upon which such goods arc laden shall 777 be R.S., 1906. 28 Chap. 48. Customs. be permitted to leave the limits of the port at which such entry should have been made until such duty is paid to the collector or other proper officer. U.S., c. 32, s. 106. Kntrv out- 105. No entry outwards and no shipping warrant or war- i rant for the taking of goods from warehouse for exportation with entry s \ Vl} ]\ be deemed valid, unless the particulars of the goods and packages correspond with the particulars in the entry inwards, nor unless the goods are properly described in the entry out- wards by the character, denomination and circumstances under which they were originally charged with duty. U.S., c. 32, s. 109. Entry out- 106. If the owner of any goods is resident more than ten \v and crew, as might be lawfully demanded of him if the to cinswcr ^ • questions. report had been made by him, or to exempt the master or the vessel from the penalties imposed by this Act for failure to answer any such question, or for answering untruly, or to pre- vent the master from making such report, if he sees fit so to do. 51 V., c. 14,.s. 32. VERIFICATION OF ENTRIES. Entry void. 108. No entry and no warrant for the landing of any goods, correspond 13 or f° r tne taking of any goods out of any warehouse shall be with report, deemed valid unless the particulars of the goods and packages in such entry or warrant correspond with the particulars of the goods and packages purporting; to be the same in the report of 778 the K.S., 1906. Customs. Chap. 48. 29 the vessel or other report, where any is required, by which the importation or entry thereof is authorized, nor unless the goods have been properly described in such entry by the denominations and with the characters and circumstances, according to which such goods are charged with duty or may be imported. 2. Any goods taken or delivered out of any vessel, or out of Goods not any warehouse, or conveyed into Canada beyond the port or ^"mayhe place of entry, by virtue of any entry or warrant not corres- dealt with. ponding with the facts in all such respects, or not properly describing the goods, shall be deemed to be goods landed or taken without due entry thereof, and may be dealt with accordingly. U.S., c. 32, s. 119. 109. The collector or proper officer, after the entry of any Suspected goods, may on suspicion of fraud open and examine any pack- j^y a b g e es age of such goods in the presence of two or more witnesses, and, opened, if upon examination, the same are found to agree with the entries, they shall be repacked by the collector or proper officer at the public cost. U.S., c. 32, s. 119. 110. Any package of which the importer or his agent Or if con- declares the contents to be unknown to him may be opened and unknown examined by the collector or other proper officer in the presence of such importer or agent, and at the expense of the importer, who shall also bear the expense of repacking. R.S., c. 32, s. 120. 111. The collector shall cause at least one package in every Collector to invoice or entry and at least one package in ten, if there are p^l^ge^in more than ten in any invoice or entry, and so many more as he ten to be or any appraiser deems it expedient to examine for the pro tec- opened - tion of the revenue, to be sent to the examining warehouse, and there to be opened, examined and appraised, the packages so . to be opened being designated by the collector. U.S., c. 32, s. 121. 112. All the packages mentioned in any one entry, although Packages some of such packages have been delivered to the importer, or still subject some one on his behalf, shall be subject to the control of the to control. Customs authorities of the port at which they are entered, until such of the packages as have been sent to the examining ware- house for examination have been duly opened and the contents examined and approved. 2. The packages so delivered shall not be opened or unpacked Not to be before the goods contained in the package or packages sent to the 3 dayiL examining warehouse have been examined and passed as afore- said: Provided that this prohibition shall not extend beyond a period of three days after the goods designated for examination have been actually delivered at the examining warehouse. 51 V., c. 14, s. 24. 779 113.. R.S., 1906. 30 Chap. 48. Customs. II of pacta delivered if required. 113. Any package delivered withoul examination, or the goods, if lawfully unpacked, shall, if required by the collector of the port at which they are entered, be returned to the Cus- toms or examining warehouse within ten days of delivery; and the collector shall use due diligence in causing a proper examin- ation thereof to be made, and may, if he sees no objection, per- mit the remaining packages to be opened and unpacked as soon as the contents of those sent to the Customs or examining ware- house have been examined and approved. 51 V., c. 14, s. 24. Collector may require further 1 >l- of. 114. The collector may require from the importer or from his agent, of any goods charged with duty, or exempt from duty or conditionally exempt therefrom, before admitting the said goods to entry, such further proof as he deems necessary, by oath or declaration, production of invoices or bills of lading, or otherwise, that such goods are properly described and rated for duty, or come properly within the meaning of such exemptions. R.S., c. 32, s. 127. Invoice to be delivered with bill of entry. 115. The collector shall require that the true invoice from the exporter to the owner of the goods be delivered for duty pur- poses with the bill of entry at the Custom-house, when such goods have been sold by the exporter thereof prior to their arrival in Canada, although the goods arrive in Canada con- signed to a person other than their owner. 3 E. VII., c. 14, s. 16. Importation when com- pleted. Exportation •when com- mence 1. Date of ex- portation to Canada. IMPORTATION", EXPORTATION, A.EEIVAL AND DEPARTURE OF VESSELS. 116. For the purpose of the levying of any duty, or for any other purpose of this Act or any other law relating to the Cus- toms, — (a) the importation of any goods, if made by sea, coastwise or by inland navigation, in any decked vessel, shall be deemed to have been completed from the time the vessel in which such goods were imported came within the limits of the port at which they oughl t<> be reported, and, if made by land or by inland navigation in any undecked 3el, then from the time such '^nnU were brought within the limits of Canada ; (b) the exportation of any goods from Canada shall be deemed to have been commenced from the time of the legal shipment of such goods for exportation after due entry out- wards in any decked vessel, or, if the exportation is by land or in any undecked vessel, from the time the goods were carried beyond the limits of Canada; (c) the date of exportation in any decked vessel of any goods to Canada, from any port or place out of Canada, shall be deemed and taken to be the date at which such goods a tually left such port or place out of Canada for 780 their K.S., 1906. Customs. Chap. 48. 31 their destination in Canada, which date may be estab- lished by the production of the clearance of the vessel from Established such port or place out of Canada, or the oath of the master cfearance" 115 as to the date of sailing, if such sailing was subsequent to the date of the clearance; (d) the time of the arrival of any vessel in a Canadian port Time of shall be deemed to be the time at which the report of such arnval - vessel was, is, or ought to have been made ; (e) the time of the departure of any vessel from a Canadian Time of de- port shall be deemed to be the time of the last clearance P aIture - of such vessel on the voyage on which she departed. "52 V., c. 14, s. 12. DUTIES CONSTITUTE A DEBT. 117. The true amount of Customs duties payable to His duties to be Majesty with respect to any goods imported into Canada or His 6 Majesty. exported therefrom shall, from and after the time when such duties should have been paid or accounted for, constitute a debt due and payable to His Majesty, jointly and severally, from the owner of the goods at the time of the importation or ex- portation thereof, and from the importer or exporter thereof, as the case may be ; and such debt may, at any time, be re- How re- covered with full costs of suit, in any court of competent ccneia e - jurisdiction. R.S., c. 32, s. 7; 4 E. VIL, c. 10, s. 2. GOODS TO BE IMPORTED IN REGISTERED VESSELS. 118. Xo person, unless he is authorized by the Governor Importing in Council, shall import any goods, wares or merchandise from be^egistered. any port or place out of Canada in any vessel which has not been duly registered and has not a certificate of such registry on board. R.S., c. 32, s. 170. REMOVAL OF GOODS AFTER ENTRY AND PAYMENT OF DUTY. 119. When any person has occasion to remove, from any Removal of port of entry to any other port or place, any goods duly entered J^f 8 duty " and on which the duties imposed by law have been paid, the collector or principal officer of the Customs at such port, on the requisition in writing of such person, within thirty days after the entry of such goods, specifying the particular goods to be removed and the packages in which such goods are contained Permit, with their marks and aumbers, shall give a permil or certificate in writing signed by him, bearing date of the day it is made, and containing the like particulars, and certifying that such goods have been duly entered at such porl and the duties paid thereon, and stating the port or place at which the same wore paid, and the port or place to which it [s intended to convey the goods and the mode of conveyance, and the period within which they are intended to be so conveyed. R.S., c. 32, a. 132. 781 Goons R.S., 1906. 32 Chan. 48. Customs. GOODS EXEMPT FROM DUTIES. Goods other- 120. All goods exempt from duty as being imported or wise exempt . i i j? .i «• tt« -nr • ^ » f liable to taken out oi warehouse for the use of His Majesty s troops, or duty if sold. f or an y p U rpose for which such, goods may be imported free of duty, shall, in case of the sale thereof after importation, become liable to and be charged with the duties payable on like goods on their importation for other purposes. U.S., c. 32, s. 160. - ex- empt from duty, how desi ribed in entry. As to not answer- ing the description. 121. Goods claimed to be exempt from duty under any Act relating to duties of Customs shall, in the entry thereof, be described and set forth in the words by which they are described to be free in the Act. 2. If the goods do not answer such description, the collector or other proper officer may seize the same as forfeited, or, if the collector deems it expedient, he may detain the goods and report the case for the action of the Commissioner of Customs and the decision of the Minister as provided in this Act. R.S., c. 32, s. 161. Goods un- laden for repairs to vessel. To be entered. GOODS LANDED OK SOLD FOR REPAIRS TO VESSELS. 122* If any vessel which has received damage puts into a port in Canada to which she is not bound, having dutiable goods on board, which it is necessary to land for the purpose of repairing the vessel in order to enable her to proceed on her voyage, the collector, upon application of the master or agent, may permit such goods to be unladen and deposited in a ware- house in the custody of the collector ; and the collector shall cause to be taken an exact account of the packages and con- tents. 2. Entry of the goods shall then be made by the master or agent, as hereinbefore directed, and they shall remain in custody of the collector until the vessel is ready for sea, when, upon payment of storage and the reasonable charges of unlading and storing, the collector shall deliver up the same to the master or agent to be exported or carried coastwise, as the case may be, under the same security and regulations as if such goods had been imported in the usual manner, and without payment of duty. U.S., c. 32, s. 162. As to such goods if sold 123. Xo person shall be entitled to the benefit of the next preceding section who has sold any of such goods, except such as it has been necessary to sell to defray the expense of repairs and charges of the vessel, or such as have been authorized by the collector to be sold. U.S., c. 32, s. 163. If sold for 124. If such goods are sold for payment of repairs and repnTrs! ° charges they shall be subject to duty, and shall be warehoused, or the duties thereon paid by the purchaser. R.S., c. 32, s. 163. 782 LANDING K.S., 1906. Customs. Chap. 48. 33 LANDING OF GOODS BEFORE REPORT. 125. Fresh fish, coin or bullion may be landed without Certain entry or warrant, as may also goods in any stranded or wrecked be°lande any goods derelict, flotsam, jetsam or wreck, and which payment of are dutiable, and does not give notice thereof to the nearest officer of Customs without unnecessary delay, or does not, on demand, pay the duties thereon or deliver the same to the proper officer, shall incur a penalty of two hundred dollars, in addition Penalty. to all other liabilities and penalties incurred by him, and the goods shall be seized and forfeited. R.S., c. 32, s. 217. Removing or 205. Every person who removes or alters in quantity vn-eck" before or quality any goods derelict, flotsam, jetsam or wreck, or un- warehoused. necessarily opens or alters any package thereof, before such goods are deposited in a warehouse under the custody of the Customs officers, shall, in addition to all other liabilities and Penalty. penalties incurred by him, incur a penalty of two hundred dollars. R.S., c. 32, s. 217. Smuggling. False invoice. Evading duty. 206. If any person, — (a) smuggles or clandestinely introduces into Canada any goods subject to duty; or, (b) makes out or passes or attempts to pass through the Custom-house, any false, forged or fraudulent invoice, of any goods; or, (c) in any way attempts to defraud the revenue by evading the payment of the duty or any part of the duty on any goods ; Forfeiture of such goods, if found, may be seized and forfeited, or, if not goods or found, but the value thereof has been ascertained, the person sum equal to . .', value. so offending shall forfeit the value thereof as so ascertained. 2. Every such person shall, in addition to any other penalty to which he is subject for any such offence, — (a) forfeit a sum equal to the value of such goods, which sum may be recovered in any court of competent jurisdic- tion ; and, (b) further be liable on summary conviction before two jus- tices of the peace to a penalty not exceeding two hundred 802 dollars Additional penalty. Value of goods. Fine and imprison- ment. R.S., 1906. Customs. Chap. 48. 53 dollars and not less than fifty dollars, or to imprisonment for a term not exceeding one year and not less than one month, or to both fine and imprisonment. U.S., c. 32, ss. 123 and 203; 51 V., c. 14, s. 35. 207. Any person who, without lawful excuse, the proof of Possession of which shall be on the person accused, sends or brings into voices certi- Canada, or who, being in Canada, has in his possession, any fied - bill-heading, or other paper appearing to be a heading or blank, capable of being filled up and used as an invoice, and bearing any certificate purporting to show, or which may be used to show, that the invoice which may be made from such bill-head- ing or blank is correct or authentic, is guilty of an indictable offence, and liable to a penalty of five hundred dollars, and to imprisonment for a term not exceeding twelve months, in the Penalty, discretion of the court. 60-61 V., c. 16, s. 14. 20S. If any person makes or sends or brings into Canada, Person send- or causes or authorizes the making, sending or bringing into j n v ic e fa can- Canada of any invoice or paper used or intended to be used as not recover an invoice for Customs purposes, in which any goods are goods entered or charged at a less price or value than that actually charged or intended to be charged for them, or in which the goods are falsely described, no sum of money shall be recover- able by such person, his representatives or assigns, for the price of such goods or any part thereof, nor shall any sum of money be recoverable upon any bill of exchange, note, or other security made, given or executed for the price of such goods, or any part of such price, unless such bill of exchange, note or other security is in the hands of an innocent holder for value without notice. 51 V., c. 14, s. 39. 209. If, in any declaration by the owner, consignee or False state- importer of any goods, or his attorney or agent, attached to the """j* in bill of entry under the authority of this Act, there is contained any wilfully false statement, the goods shall be liable to seizure and forfeiture in the same manner and with the same effect as Forfeiture, if such false statement were contained in the oath connected with the entry, and the person making such false statement shall be subject to the same penalties, forfeitures and punish- ments as if he had himself taken the oath, and had made such Further false statement therein. R.S., c. 32, s. 47. pena,tv Smuggling. 210. If, upon examination by any officer of Customs of th< J cargo of any vessel found hovering in British waters within one league of the coasts or shores of Canada, any goods the im- portation of which into Canada is prohibited are found on Prohibited board, such vessel with her apparel, rigging, tackle, furniture stores and cargo shall be seized and forfeited, and, if the master p or f e ; ture 5H 303 or ° R.S., 1906. found hover- ing. 54 Chap. 48. Customs. Penalty against master. or person in charge refuses to comply with the lawful directions of such officer, or does not truly answer such questions as are put to him respecting such ship or vessel or her cargo, he shall incur a penalty of four hundred dollars. K.S., c. 32, s. 113. Prohibited 211. If, upon search by any officer of Customs under the goods "found authority of this Act, any prohibited or smuggled goods, or in any vessel goods respecting which there has been any violation of any of the requirements of this Act, are found in any vessel or vehicle of any description whatsoever, whether arriving from places beyond or within the limits of Canada, such goods, and the Forfeited. vessel or vehicle in which the same are found, together with all the sails, rigging, tackle, apparel, horses, harness and all other appurtenances which belong to or are attached to such vessel or vehicle shall be seized and forfeited. R.S., c. 32, s. 134. Placing dutiable goods in building upon the boundary line. Penalty. 212. If, within the limits of Canada, any person deposits, places or carries, or causes to be deposited, placed or carried in, through or into any building upon the boundary line between Canada and any foreign country, or the premises connected therewith, any dutiable goods without payment of duty, or contrary to the provisions of this Act or of any Customs laws or regulations, such person shall incur a penalty not exceeding one thousand dollars, and not less than two hundred dollars. R.S., c. 32, s. 138. Forfeiture of 213. If, upon search under the authority of this Act by any ff U found°on collector or officer of Customs of any building upon the boundary search. li ne between Canada and any foreign country, or the premises belonging thereto, any dutiable goods are found, deposited or placed therein or thereon, within the limits of Canada, without payment of duties, and in violation of law, the same shall be seized and forfeited. U.S., c. 32, s. 138. Goods found 214. If, upon search of any vessel by any officer of Customs, concealed on an y goods are found concealed on board, they shall be seized vessel, etc. and forfeited, and if any mark, lock or seal upon any goods on board is wilfully altered, opened or broken before the delivery of the goods, or if any goods are secretly conveyed away, or if any hatchway fastened down by the officer is opened by the master or with his assent, the master shall incur a penalty of four hundred dollars, and the vessel may be detained until the said penalty is paid or satisfactory security is given for the payment thereof; and, unless payment is made within thirty days, such vessel may, after the expiration of such delay, be sold to pay such penalty and any expenses incurred in detaining, keeping and selling the same. 51 V., c. 14, s. 27. Penalty against master. Sale of vessel. Persons smuggling 215. If any two or more persons in company are found together, and they or any of them have any goods liable to for- 804 feiture R.S., 1906. Customs. Chap. 48. 55 feiture under this Act, every such person having knowledge of s° ods in com Din v the fact is guilty of an indictable offence, and punishable p cna i ty accordingly. R.S., c. 32, s. 198. 216. Every person who is proved to have been on board any Being on vessel or boat liable to forfeiture for having been found within Boggling one league of the coasts or shores of Canada, having on board vessef or attached thereto, or conveying or having conveyed anything subjecting such vessel or boat to forfeiture, or who is proved to have been on board any vessel or boat from which any part of the cargo has been thrown overboard or destroyed, or in which any goods have been unlawfully brought into Canada, shall incur a penalty of one hundred dollars, if he has been knowingly Penalty. concerned in any of such acts. R.S., c. 32, s. 199. 217. Every one who obstructs or offers resistance to any Resisting search of the person, authorized to be made by this Act, or Bearc l ' assists in so doing, shall incur a penalty of one hundred dollars. Penalty. R.S., c. 32, s. 135. 218. If any person who is on board or who has landed Prohibited from or got out of any vessel, boat or vehicle within any port goods con- 6 in Canada, or entering Canada by land or inland navigation, celled on or who has entered Canada from a foreign country in any manner or way, upon being questioned by any officer of Cus- toms as to whether he has any goods subject to entry at the Customs or prohibited goods secreted about his person, denies having any such goods, or does not produce such as he has, and if any such goods are found upon him on being searched, the F . .. goods shall be seized, and he shall forfeit treble the value and penalty, thereof. R.S., c. 32, s. 135. 219. If any person knowingly harbours, keeps, conceals, Keeping or purchases, sells or exchanges any goods unlawfully imported ^oS & U nlaw- into Canada, whether such goods are dutiable or not, or where- Il:1 'y J°»- ou the duties lawfully payable have not been paid, such goods, por if found, shall be forfeited and may be seized, and, if such goods are not found, the person so offending shall forfeit the Forfeiture, value thereof. 2. Every such person shall, in addition to any other penalty Further forfeit a sum equal to the value of such goods, which may be P enalty - recovered in any court of competent jurisdiction, and shall further be liable, on summary conviction before two justices of the peace, to a penalty not exceeding two hundred dollars and not less than fifty dollars, or to imprisonment for a term not exceeding one year and not less than one month, or to both fine and imprisonment. 51 V., c. 14, s. 38. 220. Every person who wilfully alters, defaces or obliter- Altering or ates any mark placed by any officer of Customs on any pack- m^rks" 8 805 age R.S., 1906. 56 Chap. 48. Customs. Penalty. Unlawful removal of goods. Forfeiture. age of warehoused goods, or goods in transit, shall, for every such offence, incur a penalty of five hundred dollars. R.S., \ s. 208. IVarcliouses and Warehousing. 221. If any goods imported into Canada and deposited in any Customs warehouse, or other place appointed for the deposit of such goods after landing, 'are removed from such warehouse or the place so appointed without leave of the collector or other proper officer of Customs, they shall be seized and forfeited. K.S., c. 32, s. 87. Not ware- 222. If any goods entered to be warehoused are not duly ex-wlirehous- carried into and deposited in the warehouse, or, having been ing goods so deposited, are afterwards taken out of the warehouse with- out lawful permit, or, having been entered and cleared for exportation from the warehouse, are not duly carried and shipped, or otherwise conveyed out of Canada, or are after- wards re-landed, sold, used or brought into Canada, without the lawful permission of the proper officer of the Customs, such goods shall be seized and forfeited. K.S., c. 32, s. 96. entered therefor Forfeited. Stores of . 223. If any goods which have been delivered out of ware- ed iP and a sold house as ship's stores for any vessel under the authority of in Canada, this Act are re-landed, sold or disposed of in Canada without due entry and payment of duty, such goods and the vessel for Stores and or from which they were delivered shall be seized and for- £ s t S el for - feited. 61 V., c. 36, s. 1. Goods ex- 224. If any goods are laden or taken out of warehouse by an eh entry entry outwards or a shipping- warrant not corresponding as to the particulars of the goods and packages stated therein, with the particulars in the entry inwards, or in which the goods are not properly described by the character, denomination and circumstances under which they were originally charged with duty, such goods shall be seized and forfeited. R.S., c. 32, 8. 109. upon not corre- sponding Forfeiture. Goods ex- warehoused. upon entry. Not corre- sponding with report inwards. Mis-describ- ing. Forfeiture. R.S., 1906 225. Any goods taken or delivered out of any warehouse or conveyed into Canada beyond the port or place of entry by virtue of any entry or warrant, — (a) not corresponding, as to the particulars of the goods and packages stated therein, with the particulars of the goods and packages purporting to be the same, in the report of the vessel or other report, where any is required to be made, by which the importation or entry of such goods is authorized ; or, ( b) not properly describing the goods ; shall be deemed to be goods taken without due entry thereof and shall be seized and forfeited. R.S., c. 32, s. 119. 806 226. Customs. Chap. 48. 57 226. If any warehoused goods are concealed in or unlaw- Cancelling or fully removed from any Customs warehouse in Canada, such warehoused goods shall be seized and forfeited. goods. 2. Every person who conceals or unlawfully removes any Same as such goods shall incur the penalties imposed on persons illegally S1 importing or smuggling goods into Canada. 3. Upon discovery of such concealment or removal, all goods Remaining belonging to the importer or owner of the concealed or re- g( moved goods, then remaining" in the same or any other ware- house, shall be placed under detention until the duty payable on the goods so concealed or removed, and all penalties incurred by him have been paid; and, if such duties and penalties are not paid within one month after the discovery of the conceal- ment or removal of such goods, the goods so detained shall be dealt with in the same manner as goods unlawfully imported or smuggled into Canada. R.S., c. 32, s. 205. 227. Every person who, without the express permission of Obtaining • 3CCGS3 TO the proper officer of Customs, by any contrivance, gains access goods in any to bonded goods in a railway car, or to goods in a railway car bonded car - upon which the Customs duties have not been paid, or delivers such bonded or other goods, shall, for every such offence, be liable to imprisonment for a term not exceeding one year and Penalty, not less than one month. E.S., c. 32, s. 207. 228. If the importer or owner of any warehoused goods. ■Fraudulent f. ■, , * . • .i access to or any person m his employ, by any contrivance, opens the warehouse, warehouse in which the goods are, or gains access to the goods except in the presence of or with the express permission of the proper officer of the Customs, such importer or owner shall, for every such offence, incur a penalty of one hundred dollars. Penalty. R.S., c. 32, s. 206. 229. If any person without lawful authority opens or un- Opening and packs, or causes to be opened or unpacked, or aids or assists in goods unfer the opening or unpacking of any package of goods under the 9° ntro1 of control of the Customs authorities, before such package has been sent to the examining warehouse for examination and the contents examined and approved, he shall incur a penalty equal P ena lty- to the value of the contents of the package so delivered, or the goods shall be seized and forfeited ; but this section shall not be Proviso- deemed to render unlawful or authorize the imposition of any penalty for the opening or unpacking of any package of goods designated for examination, which has remained at the examin- ing warehouse for a period of three days after the same has been actually delivered at such examining warehouse. 51 V., c. 14, s. 24. 230. If any person having the custody or having possession Refusing to or control of any package or any goods which have been E^cnstaSSr 807 delivered E.S., 1906. 58 Chap. 48. Customs. when re- delivered without examination, upon being required by the examination, collector of Customs at the port at which such goods are entered to return the same to the Customs or examining warehouse, fails within ten days of being so required to so return the said goods Penalty. or any portion thereof, he shall incur a penalty equal to the value of the goods not returned. 51 V., c. 14, s. 24. Any unlaw- ful ware- housing. Penalty. Detention of goods. Additional. Precedence of Customs claim. Refusing to act as ap- praiser. Penalty. 231. The owner of any goods warehoused or entered for warehouse shall incur a penalty equal to double the amount of the duty to which such goods are at the time subject, if, with respect to the warehousing of any such goods, or in removing such goods from any warehousing port in Canada to any other warehousing port in Canada, or from one warehouse to another in the same port, he contravenes any provision of this Act or of any rule or regulation lawfully made thereunder. 2. The goods may be detained until such penalty is paid, and, if the goods have passed out of the possession of tire Cus- toms, they may be seized wheresoever and in whosesoever possession found. 3. Such penalty of double duty shall be additional to any other penalties or forfeitures provided by this Act for or in respect of the matters or any of them in this section mentioned. 4. The claim of the Customs for such penalty shall have pre- cedence over the claims of all persons upon the said goods of whatever nature, and may be enforced by sale or other proceed- ings. 51 V., c. 14, s. 17. Respecting Appraisement. 232. Every person chosen to make an appraisement required under this Act, who, after due notice of such choice has been given to him in writing, declines or neglects to make such ap- praisement, shall, if he so refuses or neglects without good and sufficient cause, incur a penalty of forty dollars. c. 32, s. 76. R.S., Refusing to attend or answer. Penalty. False swear- ing of owner, Forfeiture of goods. 233. Every person lawfully called before any appraiser or any collector acting as such, or the persons selected to appraise any goods under the authority of this Act, who neglects or refuses to attend, or declines to answer, or refuses to answer in writing, if required, any interrogatories, or to subscribe his name to his deposition or answer, or to produce any letters, accounts, invoices, or other papers or account books in his possession relating to any such appraisement, when required so to do, shall incur a penalty of fifty dollars. E.S., c. 32, s. 72. 234. If upon any examination upon oath touching the ap- ' praisement of any goods under the authority of this Act, the owner, importer or consignee of the goods under appraisement wilfully swears falselv, the goods shall be seized and forfeited. E.S., c. 32, s. 73. 808 Respecting R.S., 1906. Customs. Chap. 48. 59 Respecting non-payment of Duty. 235. If any goods imported or taken out of warehouse for Selling the use of His Majesty's troops, or for any purpose for which out payment such goods may be imported free of duty, are sold after impor- of do- tation, and if the duties to which such goods are consequently liable and charged thereon are not paid, such goods shall be forfeited and may be seized and dealt with accordingly. R.S., Fo rfei t ure - c. 32, s. 160. 236. Every animal or vehicle and goods of any kind brought Idem, into Canada by any traveller, and which have been exempted from duty under regulation of the Minister or otherwise, may, if sold or offered for sale in Canada without payment of the duties thereon, be seized and forfeited, together with the harness or tackle employed therewith or in the conveyance thereof. 51 V., c. 14, s. 47. Respecting Entry Outwards and Exportation. 237. If any goods have been entered outwards to be ex- Entering ported. from a Customs warehouse, either by sea or by land, war ds and or by inland navigation, as the case may be, the person enter- P ot export- ing the same for such purpose shall incur a penalty equal to double the duties of importation on such goods in case of non- performance of the obligation so incurred to export, land or Penalty, deliver and produce satisfactory proof thereof as in this Act provided. 51 V., c. 14, s. 22. 238. If any such goods are not exported, landed or delivered Re-landing or otherwise lawfully disposed of, or if they are fraudulently Serfonn^bli- re-landed in or brought into Canada, in violation of the Cus- gation to toms law or regulations, such goods shall be seized and for- exporL feited, together with any vessel or vehicle from or in which they have been so landed or brought into Canada, or in which they may be found ; and the person entering the same for exportation shall, in any such case, and whether such goods are seized or not, be liable for the payment of such penalty of double duty Penalty as in the last preceding section mentioned, in addition to any other penalties or forfeitures to which, for any of the causes aforesaid, he may be liable under this Act. 51 V., c. 14, s. 22. 239. If any railway car or other vehicle, upon which are Carrying laden any goods consigned to a port or place out of Canada, f?°?* B °" 1 of to be transported by railway or other land conveyance, is port of out taken out of the limits of the port at which the entry for ex- brforeentry. portation ought to be made, before entry for exportation is duly made, or before the export duty, if such goods are liable for any, is paid, or otherwise, contrary to the provisions of this Act. the company or person so taking the same shall incur a penaltv not exceeding four hundred dollars. "R.S., c. 32, s. 106. Penalty. 240. R.S., 1906. 60 Chan. 48. Customs. Others than 240. Every person who makes any entry outwards of goods making entry "from warehouse for exportation, and who is not the owner or outwards. duly authorized by the owner thereof, or the master of the Penalty. vessel by which they are to be shipped, shall incur a penalty of two hundred dollars. E.S., c. 32, s. 209. mak^'reoort 241. The owner, shipper, or consignor of any goods shipped and entry of at any port or place in Canada on board any vessel bound to goods shipped in Canada. any port or place out of Canada, or to be transported by rail- way or other land conveyance from any port or place in Canada to any port or place out of Canada, who refuses or neglects to make report and entry of the articles shipped or laden by him, as required by this Act, shall incur a penalty not exceeding two hundred dollars for each such offence. R.S., c. 32, s. 107. go^ds b carried 242. If any goods, the exportation or carrying coastwise coastwise, or by inland navigation of which is prohibited by this Act or by the Governor in Council under the authority of this Act, are exported, carried coastwise or by inland navigation, or water borne, or laden in any railway carriage, or other vehicle for the purpose of being so exported or carried, they shall be seized and forfeited. U.S., c. 32, ss. Ill and 250. Penalty. etc Forfeiture. Contra ven- 243. The importer of any goods imported into Canada and inti 3.ny provision ' entered for exportation shall be liable to a penalty equal to as to expor- double the amount of the duty to which such goods are at tation. . ,..»., " , ° the time subject, if, with respect to the entry or exportation of such goods, or otherwise in respect to the same, he con- travenes any provision of this Act, or of any rule or regulation Penalty. lawfully made thereunder. 51 V., c. 14, s. 17. Contraven- ing pro- visions as to goods in transit. Penalty. 244. The importer of any goods entered at any frontier Customs port and passing on to any Customs port in any other part of Canada, or in transit through Canada by "way of any Customs port of exit in Canada, shall incur a penalty equal to double the amount of the duty to which such goods are at the time subject, if, with respect to the entry, or passing on or transit of such goods through Canada, he contravenes any pro- vision of this Act, or of any of the rules or regulations lawfully made thereunder. 51 V., c. 14, s. 17. Two last 245. The penalties of double duty mentioned in each of alties d ad- en tne tw0 ^ as ^ preceding sections shall be additional to any other ditional. penalties or forfeitures provided by this Act for or in respect of the causes or matters or any of them in the said sections Detention of mentioned, and the goods may in each case be detained until such penalty of double duty is paid, and if such goods have passed out of the possession of the Customs, they may be seized wheresoever and in whosesoever possession found. 810 2. goods. R.S., 1906. Customs. Chap. 48. 61 2. The claim of the Customs for such penalties of double ^^^ duty shall have precedence over the claims of all persons upon c i a j m . the said goods of whatever nature, and may be enforced by sale or other proceedings. 51 V., c. 14, s. 17. 246. If any vessel departs from any port or place in Canada Vessel without a clearance, or if the master delivers a false content, J^^a deJr* h " or does not truly answer the questions demanded of him, or if, ance, etc. having received a clearance, such vessel adds to her cargo, or takes another vessel in tow, or performs any work without hav- ing mentioned in the report outwards the intention so to do, the master shall incur a penalty of four hundred dollars ; and Penalty, the vessel shall be detained in any port in Canada until the Detention, said penalty is paid. 2. Unless payment is made within thirty days, such vessel ^ el o£ may, after the expiration of such delay, be sold to pay such penalty and any expenses incurred in detaining, keeping and selling such vessel. R.S., c. 32, s. 99; 51 V., c. 14, s. 21. Contravention of Regulations. 247. All goods shipped or unshipped, imported or exported, Generally. carried or conveyed, contrary to any regulation made by the Governor in Council, and all goods or vehicles, and all vessels under the value of four hundred dollars, with regard to which tho requirements of any such regulation have not been complied Forfeiture. with, shall be forfeited and may be seized. 51 V., c. 14, s. 37. 248. If, with regard to any vessel of the value of four it" vessel is hundred dollars or upwards, the requirements of any such $ 40 ™ m a g ter regulation have not been complied with, the master thereof liable to pen- shall, by such non-compliance, incur a penalty of four hundrc-1 ' dollars, and the vessel may be detained until the said penalty is paid ; and, unless payment is made within thirty days, such vessel may, after the expiration of such delay, be sold to pay Vessel may such penalty and any expenses incurred in making the seizure be sold - and keeping and selling such vessel. 51 V., c. 14, s. 37. Respecting Officers. 249. If any officer requires any person to be searched with- S^ ty fo [, h out reasonable cause, such officer shall incur a penalty not f person, exceeding forty dollars. U.S., c. 32, s. 136. 250. Every police or peace officer, who has detained any Neglecting goods, property or vehicle subject or liable to forfeiture, and goods'selLd who neglects to convey tho same to the Custom-house, or to to Custom- give notice of having stopped the same as by this Act prescribed, shall be liable, on summary conviction, to a penalty of one hun- Penalty, dred dollars, and, in default of payment, to imprisonment for a term not exceeding thirty days. R.S., c. 32, s. 219. 811 251. R.S., 1906. 62 (hap. 48. Customs. Collector allowin. 251. Every collector or other officer who allows the pay- ment"? Juty 'nent of duties of Customs to be avoided or deferred for any to be avoided cause or consideration whatsoever, except by regular entry for Penalty " warehouse, shall be liable to a penalty equal to the full value of such goods, and the duty accruing thereon, which shall be re- coverable in any court of competent jurisdiction, from him or his sureties, or either of them. 2. Any goods on which payment of duty has been so avoided or deferred, shall be liable to ' seizure and be dealt with as goods unlawfully imported into Canada. R.S., c. 32, s. 220. Liability of goods. Collusive seizure or release. Bribes. Penalty. Persons brib- ing or tempt- ing officers to neglect duty. 252. Every officer of the Customs, and every person em- ployed, with the concurrence of the Minister, for the prevention of smuggling, who makes any collusive seizure, or delivers up, or makes any agreement to deliver up, or not to seize any vessel, ' boat, carriage, goods or thing liable to forfeiture under this Act, or who takes or accepts a promise of any bribe, gratuity, recompense or reward for the neglect or non-performance of his duty, is guilty of an indictable offence, and liable for every such offence to a fine of five hundred dollars, and to imprison- ment for a term not exceeding two years and not less than three months, and shall be incapable of serving His Majesty in any office whatsoever. 2. Every person who gives, offers or promises to give, or procures to be given, any bribe, recompense or reward to, or makes any collusive agreement with any such officer or person as aforesaid, to induce him in any way to neglect his duty, or to conceal or connive at any act whereby the provisions of this Act, or any law relating to the Customs, trade or navigation, may be evaded, is guilty of an indictable offence and liable for every such offence to a fine of five hundred dollars, and to im- prisonment for a term not exceeding two years and not less than three months. RS., c. 32, s. 221. False Entry. 253. If any entry passed at any Custom-house is false in any particular to the knowledge of any person connected with the making thereof, all the packages and goods included or pretended to be included, or which ought to have been in- cluded in such entry, shall be forfeited. 51 V., c. 14, s. 40. Falsification of Documents. Counterfeit- 254. Every person who forges, counterfeits, falsifies, or counterfeited uses w ^ en so forged, counterfeited or falsified, any paper or documents, document required under this Act, or for any purpose therein mentioned, whether written, printed or otherwise, or by any false statement procures such document, knowing the same to be forged, counterfeited or falsified, or forges, counterfeits or falsifies anv certificate relating to any oath or declaration 812 or R.S., 1906. Goods for- feited. Customs. Chap. 48. 63 or affirmation by this Act required or authorized, is guilty of Indictable an indictable offence. R.S., c. 32, s. 211. Refusal Jo answer Questions. 255. Any person required by this Act, or by any other law, $400 penalty to answer questions put to him by any officer of the Customs, to anyVther. who refuses to answer or does not truly answer such questions, shall, in addition to any other penalty or punishment to which he is liable, incur a penalty of four hundred dollars. R.S., c. 32, s. 216. Respecting maintenance of Officer on board Ship. 256. If the collector or other proper officer of Customs Master of stations any officer on board any ship while within the limits to' accommo* of a port, and, if the master of such ship refuses or neglects date officer. to provide such officer while he so remains upon the ship with suitable accommodation and food, such master shall incur a penalty of two hundred dollars. R.S., c. 32, s. 140. Penalty. Respecting the production of Invoices, Books of Account, etc. 257. If information has been given under oath to any Failure to officer that goods or things have been unlawfully imported or upon" 06 entered, or if any goods have been seized or detained under demand, any of the provisions of this Act, or of any law relating to the Customs, and if the importer or exporter of such goods, or the owner or claimant thereof, upon being required under the pro- visions of this Act to produce and hand over to the collector or other proper officer of Customs any invoices, bills, accounts or statements, or to produce for inspection of such collector or other officer any books of account, ledgers, day books, cash books, letter books, invoice books or other books, or to allow copies or extracts to be made therefrom, neglects or refuses to do so, he shall incur a penalty not exceeding five thousand dol Penalt y- lars. 51 V., c. 14, s. 34. Taking away Goods under seizure. 258. Every person who, without the permission of the Guilty of officer or person who seized the same or of some competent theft - authority, whether pretending to be the owner or not, either secretly or openly, and whether with or without force or violence, takes or carries away any goods, vessel, vehicle or other thing which have been seized or detained on suspicion, as forfeited under this Act, before the same have been declared by competent authority to have been seized without due cause, shall be deemed to have stolen such sfoods, being the property of His Majesty, and is guilty of theft. R.S., c. 32, s. 212. 813 Respecting R.S., 1906. 64 Chap. 48, Customs. Refusing to stop when required in King's name. Penalty. Goods to be forfeited whether liable to duties or not. Person offering for sale. Penalty. Respecting the stopping of Vessels. 259. Every master or person in charge of any vessel, and every driver or person conducting or having charge of any vehicle or conveyance, who refuses »r neglects to stop such vessel, vehicle or conveyance, when required so to do, in the King's name, by an officer or person employed as such, and every person who is present at any such seizure or stoppage, and who, when called upon in the King's name by such officer or person to aid and assist him in a lawful way, refuses or neg- lects so to do, shall be liable, on summary conviction before two justices of the peace, to a penalty of two hundred dollars, and, in default of payment to imprisonment for a term not exceeding six months. U.S., c. 32, s. 214. Offering Goods for sale as prohibited or smuggled. 260* If any person offers for sale any goods under prct that the same are prohibited, or have been unshipped and run on shore, or brought in, by land or otherwise, without payment of duties, all such goods, although not liable to any duties or prohibited, shall be seized and forfeited. 2. Every person who offers for sale any goods under any such pretense shall be liable, on summary conviction before two jus- tices of the peace, to a penalty of two hundred dollars, or to a penalty equal to treble the value of such goods, at the election of the prosecutor, and, in default of payment, to imprisonment for a term not exceeding sixty days. R.S., c. 32, s. 215. Certified copies and extracts of invoices to be evidence. EVIDENCE, BUEDEN OF PEOOF. 261. Copies of invoices or extracts from invoices, duly cer- tified by the collector or other proper officer, bearing the stamp of the Custom-house at which such invoices are filed, shall be considered and received as prima facie evidence of the contents thereof. R.S., c, 32, s. 48. Certified 232. Certificates and copies of official papers, certified official under the hand and seal of any of the principal officers of the papers to be Customs in the United Kingdom, or of any collector of colonial revenue in any of the British possessions, or of any British consul or vice-consul in a foreign country, and certificates and •'ipies of official papers made pursuant to this Act or any Act in force in Canada relating to the Customs or revenue, shall be received as prima facie evidence. U.S., c. 32, s. 156. If two differ- 263. The production or proof of the existence of any in- oFgoods 01068 volce > account, document or paper made or sent by any person exist. or by his authority, wherein the goods or any of them are charged or entered at or mentioned as bearing a greater price than that set upon them in any other invoice, account, docu- 814 ment R.S.,1906. Customs. Chap. 48. 65 ment or paper intended to cover the same goods or any part thereof, made or sent by the same person or by his authority, or in which the goods or any of them are given a different name or description from that stated in any other such invoice, ac- count, document or paper, or in which the goods are falsely described, shall be prima facie evidence that the invoice, Prima facie account, document or paper wherein is stated a lesser price, or fraud* 106 ° the false or incorrect name or description of the goods, was intended to be fraudulently used for Customs purposes; but such intention or the actual fraudulent use of such invoice, ac- count, document or paper may be proved by any other legal evidence. 51 V., c. 14, s. 39. 264. The burden of proof that the proper duties payable Burden of with respect to any goods have been paid, and that all the ^ 00 ' .. requirements of this Act with regard to the entry of any goods have been complied with and fulfilled shall, in all cases, lie upon the person whose duty it was to comply with and fulfil the same ; and, without restricting the generality of the forego- Particularly, ing provision, if any prosecution or suit is brought for any penalty or forfeiture for the recoverv of any duty under this Act, or any other law relating to the Customs, or to trade or navigation, or if any proceeding is taken against the Crown or any officer for the recovery of any goods seized or money de- posited under the authority of this Act, or any other such law, and if any question arises as to the identity or origin of the goods seized, or as to the payment of the duties on any goods, or as to the lawful importation thereof, or as to the lawful lading or exportation of the same, or as to the doing or omission of gny other thing by which such penalty or forfeiture or liability for duty would be incurred or avoided, the burden of proof shall lie on the owner or claimant of the goods seized or money de- posited, #nd not on the Crown or on the party representing the Crown. K.S., c. 32, s. 167; 51 V., c. 14, s, 43; 52 V., c. 14. s. 13. PROCEDURE. 265. All penalties and forfeitures incurred under this In Ex- Act, or any other law relating to the Customs or to trade or CouTTor navigation, may, in addition to any other remedy provided other by this Act or by law, and even if it is provided that the offender court.° r shall be or become liable to any such penalty or forfeiture upon summary conviction, be prosecuted, sued for and recovered with full costs of suit, in the Exchequer Court of Canada, or in any superior court having jurisdiction in that province of Canada where the cause of prosecution arises, or wherein the defendant is served with process. 2. If the amount of any such penalty or forfeiture does If penalty not exceed two hundred dollars, the same may also be pro- exceed°?200. 815 secuted K.S., 1906. 66 Chap. 48. Customs. secuted, sued for and recovered in any court having juris- diction to that amount in the place where the cause of prosecu- tion arises, or whore the defendant is served with process. 51 V., c. 1 I, B. 41. Proceedings 266. All penalties and forfeitures imposed by this Act, or Attorney by any other Act relating to the Customs or to trade or navi- General or gation shall, unless other provisions are made for the recovery Customs. thereof, be sued for, prosecuted and recovered with costs by His Majesty's Attorney General of Canada, or in the name or names of the Commissioner of Customs, or any officer or officers of the Customs, or other person or persons thereunto authorized by the Governor in Council, either expressly or by general regulation or order, and by no other person. U.S., c. 32, s. 223. In Quebec. 267. All penalties and forfeitures imposed by this Act, or by any other law relating to the Customs or to trade or navi- gation may, in the province of Quebec, be sued for, prosecute I and recovered with full costs of suit by the same proceedings as any other moneys clue to the Crown, and all suits or prosecu- tions for the recovery thereof shall, in that province, be heanl and determined in like manner as other suits or prosecutions in the same court for moneys due to the Crown, except that in the Circuit Court the same shall be heard and determined in a summary manner; but nothing in this section shall affect any provisions of this Act, except such only as relate to the form of proceeding and of trial in such suits or prosecutions as afore- id. R.S., e. 32. s. 224. Procedure 268. Every prosecution or suit in the Exchequer Court of practice ^of ° Canada, or in any superior court or circuit court or court of the court. competent jurisdiction, for the recovery or enforcement of any penalty or forfeiture imposed by this Act, or by any other law relating to the Customs or to trade or navigation, may be commenced, prosecuted and proceeded with in accordance with any rules of practice, general or special, established by the court for Crown suits in revenue matters, or in accordance with the usual practice and procedure of the court in civil cases, in so far as such practice and procedure are applicable, and, whenever the same are not applicable, then in accordance with the directions of the court or a judge. R.S., c. 32, s. 225. Venue. 269. The venue in any such prosecution or suit may be laid in any county in the province notwithstanding that the cause of prosecution or suit did not arise in such county. R.S., c. 32, s. 226. Arrest of 270. Any judge of the court in which any prosecution defendant Qr gu ^ - g Dr0U ght; f or ^he recovery or enforcement of any 816 penalty R.S., 1906. Customs. Chap. 48. 67 penalty or forfeiture as aforesaid may, upon being satisfied if he is by affidavit that there is reason to believe that the defendant province. 6 will leave the province without satisfying such penalty or for- feiture, issue a warrant under his hand and seal for the arrest and detention of the defendant in the common gaol of the county, district or place until he has given security, before and to the satisfaction of such judge or some other judge of the same court, for the payment of such penalty with costs, in case judgment is given against him. R.S., c. 32, s. 227. 271. In any declaration, information, statement of claim Averments or proceeding in any such prosecution or suit, it shall be iu i )leadin s 3 - sufficient to state the penalty or forfeiture incurred, and the Act and section of the Act, or the rule or regulation under which , it is alleged to have been incurred, without further particulars ; and the averment that the person seizing or suing was and is an officer of Customs, shall be sufficient prima facie evidence of the fact alleged. 51 V., c. 14, s. 42. 272. In every prosecution, information, suit or proceeding Costs, brought under this Act for any penalty, or to declare or enforce any forfeiture, or upon any bond given under it, or in any matter relating to the Customs or to trade or navigation, His Majesty, or those who sue for such penalty or forfeiture, or upon such bond, shall, if they recover the same, be entitled also to recover full costs of suit. 2. All such penalties and costs, if not paid, may be levied Penalties rind costs on the goods and chattels, lands and tenements of the defend- how levied, ant, in the same manner as sums recovered by judgment of the court in which the prosecution is brought may be levied by execution ; or payment thereof may be enforced by capias ad satisfaciendum against the person of the defendant under the same conditions and in like manner. R.S., c. 32, s. 229. 273. If, in any case, the Attorney General of Canadn Koiie is satisfied that the penalty or forfeiture was incurred without ^? t 8(; r ?u< by intended fraud, he may enter a nolle prosequi on such terms General! as he sees fit, which shall be binding on all parties; and the entry of such nolle prosequi shall be reported to the Minister with the reasons therefor. U.S., c. 32, s. 230. 274. In any, prosecution, suit or other proceeding for the Averment as recovery of any penalty or in respect of any forfeiture as afore- ^er^a said, or for an offence against this Act or any other law relat- act was done, ing to the Customs, or to trade or navigation, the averment that the cause of prosecution or suit arose, or that such offence was committed within tho limits of any district, county, port or place, shall be sufficient evidence of the fact without proof Sufficient of such limits, unless the contrary is proved. R.S., c. 32, s. 231. evidence - 52 817 275. R.S., 1906. 68 Chap. 48. Customs. Probable 275. If. in any information, action, prosecution or other proceeding respecting any seizure made under this Act, or any law relating to the Customs, it is adjudged that any goods or property Beized by or under the authority of any officer haa been bo Beized unlawfully, or that the seizure cannot be justified, and. if the judge before whom the said information, action, prosecution or other proceeding is heard or tried certifies that there was probable cause for the seizure, the claimant shall not No costs to De entitled to any costs of suit, and the person who made or authorized such seizure shall not be liable to any action, suit, indictment or prosecution on account of such seizure. c. 32, s. 232. R.S., Idem. 276. If any action, suit, indictment, prosecution or other proceeding is brought against any person on account of his making or being concerned in the making of any such seizure as in the last preceding section mentioned, and if the judge before whom such action, suit, indictment, prosecution or other proceeding is heard or tried, certifies that there was pro- bable cause for the seizure, the plaintiff or prosecutor shall not be entitled to more than twenty cents damages, or to any costs ; and the defendant in any such indictment, prosecution or other proceeding, shall not be subject to any penalty beyond a fine of ten cents. R.S., c. 32, s. 232. 277. Every person .who desires to claim any thing seized after proceedings for condemnation thereof have been com- menced shall file his claim in the office of the clerk, registrar or prothonotary of the court. 2. Such claim shall state the name, residence and occupa- tion or calling of the person making it, and shall be accompanied by an affidavit of the claimant or his agent having a knowledge of the facts, setting forth the nature of the claimant's title to the thing seized. U.S., c. 32, s. 238. Claimant to 278. Before any such claim can be filed, the claimant c,ve secuntv - shall give security, to the satisfaction of the court or a judge thereof, by bond in a penal sum of not less than two hundred dollars, or by a deposit of money not less than that sum, for the payment of the costs of the proceedings for condemnation. R.S., c. 32, s. 239. Twenty cents damages. Claims to be filed. What to state. Affidavit. Limitation of 279. All seizures, prosecutions or suits for the recovery or enforcement of any of the penalties or forfeitures imposed by this Act, or any other law relating to the Customs, may be Three years, made or commenced at any time within three years after the offence was committed, or the cause of prosecution or snit arose, but not afterwards. 51 V., c. 14, s. 45. Seizure to be 280. Whenever, under any provision of this Act, any menToT 6 penalty may be recovered or any forfeiture may be enforced action. 818 by U.S., 1906. I Customs. Chap. 48. • 69 by action, suit or proceeding 1 , the seizure by an officer of Cus- toms, or person acting in his aid, of the goods in respect of which the penalty has been incurred or the forfeiture has accrued, shall be deemed to be a commencement of such action, suit or proceeding. 51 V., c. 14, s. 44. 281. An appeal shall lie from a conviction by any magis- Appeal from trate, judge, justice or justices of the peace under this Act, in tv^ustices 3 f the manner provided by the Criminal Code, from convictions the' peace, in cases of summary conviction, in that province in which the conviction was had, on the appellant furnishing security by Security, bond or recognizance with two sureties to the satisfaction of such magistrate, judge, justice or justices of the peace, to abide the event of such appeal. E.S., c. 32, s. 241. 282. An appeal shall also lie from the Exchequer Court of Appeal from Canada, the superior courts and county courts respectively, in Exeheauer cases where the amount of the penalty or forfeiture is such courts, that if a judgment for a like amount was given in any civil case, an appeal would lie ; and such appeal shall be allowed and prosecuted on like conditions, and subject to like provisions, as other appeals from the same court in matters of like amount. 2. An appeal shall lie from the Circuit Court to the Court Appeal from of King's Bench in the province of Quebec, to be allowed and Circuit Court prosecuted in like manner and on like conditions as appeals of Quebec, from the Superior Court in that province. K.S., c. 32, s. 242. 283. If the appeal is brought by His Majesty's Attorney k.. security General, or a collector or officer, it shall not be necessary for ^ ; v Attorney him to give any security on such appeal. U.S., c. 32, s. 243. 284. In any case in which proceedings have been instituted Restoration in any court against any vessel, vehicle, goods or thing, for the ? l t n ,^ ( 'l, l ^,, 1 " 'j' v recovery or enforcement of any penalty or forfeiture under appeal this Act, or any law relating to the Customs, trade or naviga- ^ven. tion, the execution of any decision or judgment for restoring the thing to the claimant thereof, shall not be suspended by reason of any appeal from such decision or judgment, if the claimant gives sufficient security, approved of by the court or a judge thereof, to render and deliver the thing in question or the full value thereof to the appellant, in case the decision or judgment so appealed from is reversed. R.S., c. 32, s. 244. 285. Any penalty or forfeiture incurred or imposed for p,. ocef ], ire contravention of any order or regulation of the Governor in for contra - Council, made pursuant Jo the authority of this Act, may be reauktioiM enforced and shall be recoverable in the same manner, and before the same court or tribunal, as if incurred or imposed for contravention of a provision of this Act. 51 V., c. 14, s. 37. 52^ 819 BEGUXATIONS R.S., 1906. 70 Chap. 48. Customs. Kl 'I'LATIOXS. npcul.-itions. Slaughtering cattle and grinding grain in bond. Tare and weight. Travellers' baggage, etc. Importation of spirits. Produce of grain or logs grown in Canada. Idem. Warehous- ing, forms, rents, etc. Time for clearing warehoused goods. Transfers in bond. Powers of the Governor in Council. 286. The Governor in Council may, from time to time, and in the manner hereinafter provided, in addition to the other purposes and matters in this Act mentioned, make regulations for or relating to the following purposes and matters : — (a) The warehousing and bonding of such cattle and swine as may be slaughtered and cured in bond, and of such wheat, maize and other grain as may be ground and packed in bond; (b) Regulating and declaring what allowances shall be made for tare on the gross weight of goods ; (c) The horses, vehicles and personal baggage of travellers coming into Canada or roturning thereto, or passing through any portion thereof - , (d) Regulating or restricting the importation of spirits, wine and malt liquors, or other goods which require to be weighed, gauged or tested for strength or quantity, and limiting or prescribing the kind and capacity of packages in which the same may be imported, and the conveyances by which, and the ports or places at which the same may be landed and entered ; (e) Exempting from duty any flour or meal or other pro- duce of any wheat or grain, grown in Canada, and taken out of Canada into the United States to be ground, and brought back into Canada within two days after such wheat or grain has been so taken out to be ground ; or exempting from duty any boards, planks or scantling, the produce of any logs or timber grown in and taken out of Canada into the United States to be sawn, and brought back into Canada within seven days after such logs or timber were so taken out to be sawn ; (f) Regulating the quantities of any such goods to be so taken out or brought in at any one time by any person, and the mode in which the claim to exemption shall be established and proved; (g) Authorizing the appointment of warehouses, and regulat- ing the security which shall be taken from warehouse keepers, the forms and conditions subject to which goods are to be warehoused, the mode of keeping goods in ware- house, and of removing goods therefrom, and the amount of warehouse rent or license fees ; (h) Extending either by general regulation or by special order, the time for clearing warehoused goods, and for the transport of goods in bond from one port or place to another ; (i ) Regulating the form in which transfers of goods in ware- house or bond from one person to another shall be entered ; 820 (j) R.S., 1908. Customs. Chap. 48. 71 (j) Exempting goods from duty as being the growth, pro- Exemption duce or manufacture of Newfoundland, if such exemption fr^ ^.. is provided for by any Act relating to Customs, and foundland. for regulating the mode of proving such exemption; (k) Transferring to the list of goods which may be im- Transferring ported into Canada free of duty, any or all articles, whe- Canadian ther natural products or products of manufactures, used as manufactures materials in Canadian manufactures; any such materials transferred to the free list bv such order in council, to be free of duty of Customs for the time therein appointed for that purpose; (I) Granting a drawback of the whole or part of the duty Drawback of paid on articles which have been used in Canadian manu- articled SU ° factures, or granting a certain specific sum in lieu of any such drawback ; (m) Reducing the duty on any or all articles, whether Reducing \ / o v %/ * duty on sucn natural products or products of manufactures, used as articles, materials in Canadian manufactures; any such materials specified in such regulation to be subject to^such reduced duty of Customs and no other, for the time and under the conditions therein provided; (n) Prescribing the manner in which the proceeds of pen- Distribution alties and forfeitures shall be distributed; of » roceeds - ( o) Authorizing the taking of such bonds and security as Bonds and he deems advisable for the performance of any condition secunt > r - on which any remission or partial remission of duty, in- dulgence or permission is granted to any person, or any other condition made with such person, in any matter relat- ing to the Customs or to trade or navigation ; which bonds, and all bonds taken with the sanction of the Minister of Customs, expressed either bv general regulation or by special order, shall be valid in law, and, upon breach of any of the conditions thereof, may be sued and proceeded upon in like manner as any other bond entered into under this Act, or any other law relating to the Customs"; (p) Fixing and establishing uniform standards of purity, S u ^" t da ££ S of quality and fitness for consumption of all kinds of teas teas." imported into Canada, and for determining the places where the duplicates of such standards shall be kept, and the conditions on which such standards shall be supplied to importers and dealers in tea, and the manner in which imported teas shall be examined and tested and their fitness for use finally decided ; and all teas or goods described as tea of purity, quality and fitness for con- sumption inferior to such standard?, shall be deemed with- in the prohibition of the laws relating to the Customs ; (q) Prescribing tlio rule and conditions under which goods Transporta- imported in bond or duty-paid, and products or manu- jj, bo°nd 8 or 9 factures of Canada, may be transported from one port or duty paid. place in Canada to another port or place therein, over any 821 territory R.S., 1906. 72 Cha P . 48. ( 'axioms. Export of deer. Special Customs services. Any other purpose. territory or waters outside the limits of Canada : Provided that the goods so transported shall, upon arrival in Canada from any place beyond the limits of Canada, be treated with regard to the liability to, or exemption from, duty, as if the transportation had taken s plaeo entirely within the limits of Canada; (r) Regulating; the number of deer and parts thereof which may be exported in any year, when shot under provincial or territorial authority in Canada, by any person not domiciled in Canada, and limiting the ports at which such deer may be exported, and for prescribing the conditions under which such exportation may be permitted ; (s) Regulating and determining what shall be special Cus- toms services for which charges shall be payable to His Majesty on account of the attendance of Customs officers on vessels or at wharfs, warehouses, stations, or other places, and the scale or amount of such charges and the con- ditions attaching to such special services; and in any such case the money received for such charges may be used for payment of the salaries or pay of Customs officers for the fiscal year in which the snecial Customs service is per- formed, notwithstanding anything in any Act; (t) Any other purpose for which by this Act, or any other law relating to the Customs or to trade or navigation, the Governor in Council is empowered to make orders or regulations. R.S., c. 32, s. 245; 51 V., c. 14, s. 46; 54-55 V., c. 44, s. 2 ; 61 V., c. 36, s. 2 ; 62-63 V., c. 22, s. 2 ; 3 E. VII., c. 14, s. 18. As to goods carried through Can- adian canals. Security. Duty, if there is refusal of the owner. 287. The Governor in Council may, from time to time, and as occasion requires, make such regulations as to him. seem meet, with respect to goods conveyed directly through the Canadian canals or otherwise, by land or inland naviga- tion, or in or on railway cars, from one part of the frontier line between Canada and the United States to another, without any intention of unlading such goods in Canada ; and he may cause such bonds or security to be given, or such pre- cautions to be taken, at the expense of the owner or person in charge of such goods, whether by placing officers of the Cus- toms on board any such vessel, railway car or carriage, or other- wise, as to him seems meet. 2. Upon the refusal of the owner or person in charge to comply with the regulations so made, the duty on the goods shall forthwith become payable as in case of the importation of such goods. 51 V., c, 14, s. 47. Drawback on 288. The Governor in Council may, under regulations made goods P ex- for that purpose, allow, on the exportation of goods which ported. have been imported into Canada, ancj on which a duty of Customs has been paid, a drawback equal to the duty so paid 822 with R.S., 1906. Customs. Chap. 48. 73 with such deduction therefrom as is provided in such regula- tions. 2. In cases mentioned in such regulations, and subject to Although such provisions as are therein made, such drawback, or a specific ™^€d into sum in lieu thereof, may be allowed on duty-paid goods manu- goods in factured or wrought in Canada into goods exported therefrom. a 3. The period within which such drawback may be allowed, T ,me , fol i f " drawback after the time when the duty was paid, shall be limited in such limited, regulations. R.S., c. 32, s. 247. 2S9. The Governor in Council may interpret, limit or ex- Power of tend the meaning of the conditions upon which it is provided in Oounc7l°as to any Act imposing duties of Customs that any article may be interpreta- imported free of duty for special purposes, or for particular t,on - objects or interests; and may make regulations for declaring or defining what cases shall come within the conditions of such Act, and to what objects or interests of an analogous nature the same shall apply and extend, and may direct the payment or non-payment of duty in any such case, or the remission thereof by way of drawback, if such duty has been paid. R.S., c. 32, 8. 248. 290. The Governor in Council may make such regulations As to suffer- as are considered advisable, for the appointment of sufferance ^nd 6 ware- fS wharfs and warehouses, at which goods arriving by vessels in houses, transit to other ports or confined to certain days of departure, if „ 00 ^ s may be landed and afterwards stored before entry, if such arrive by - n. Y6SSC1. vessels are duly reported to the x Custom-house and the col- lector's warrant for such landing obtained, and if such landing- is effected between sunrise and sunset, on a day not being Sun- day or a statutory holiday, and if the goods on being so landed, are immediately stored in some such approved sufferance ware- house ; and such goods shall be thereafter dealt with by the proper officer of Customs as proscribed by law. 2. The Governor in Council may make similar regulations Or by rail- for the appointment of sufferance warehouses in which goods wav - arriving by railway may be stored before entry, when such goods have boon duly reported to the collector or proper officer of Customs. 3. Nothing in this section shall affect any contract, expressed Contracts or implied, between the master or owner of any such vessel, and not al ected - the owner, shipper or consignee of any such goods as aforesaid, or the rights or liability of any person under such contract. U.S., c. 32, s. 249. 291. The Governor in Council may, from time to time. Prohibition prohibit the exportation or the carrying coastwise or by inland t j on< navigation, of arms, ammunition and gunpowder, military and naval stores, and any articles whicli the Governor in Council dooms capable of being converted info or made useful in in- creasing the quantity of military or naval stores, provisions or 823 anv "R.S., 1906. 74 Chap. 48. Customs. any sort of victual which may be used as food bv man. R.S., c. 32. b. 250. Oath or declaration may be required by regulations. 292. Any oath or declaration which the Governor in Coun- cil deems necessary to protect the revenue against fraud may, in any regulation made bv him under this Act, be prescribed, and any person or officer may be authorized to administer the same; and, by any such regulation, a declaration may be sub- stituted for an oath in any case in which an oath is required by this Act. R.S., c. 32, s. 251. Forms of oath. Present forms con- tinued. 293. The Governor in Council may prescribe the forms of oaths required under this Act. 2. The forms of oaths authorized by statute or by the Gov- ernor in Council, at the time of the coming into force of this Act, shall continue to be the authorized forms until altered or dispensed with by the Governor in Council. U.S., c. 32, s. 252. Places of entry. Appraisal goods. oi 294. The Governor in Council may, by regulation from time to time, appoint the ports and places of entry, warehous- ing and bonding for the purposes of this Act, and may, in like manner, increase or diminish the number, or alter the position or limits thereof. E.S., c. 32, ss. 22 and 245. 295. The Governor in Council shall, from time to time, establish such regulations, not inconsistent with law, as are required to secure a just, faithful and impartial appraisal of all goods imported into Canada, and just and proper entries of the fair market value thereof, and of the weights, measures or other quantities thereof, as each case requires; and such regulations, whether general or special, so made by the Governor in Council, shall have the full force and authority of law. 52 V., c. 14, s. 5. Ex-ware- housing of goods. 296. The Governor in Council may, from time to time, make regulations for the ex-warehousing of goods, either for consumption, removal, exportation or ship's stores, in any quantity not less than a Avhole package as originally warehoused, unless the goods are in bulk, and then in quantities not less than one ton in weight, except when a less weight is the balance remaining of the original entry thereof for warehouse. R.S., c. 3SJ, s. 88. Dispensation 297. The Governor in Council may, with regard to vessel? Tng^essdB. engaged in the coasting trade or inland navigation, by regula- tion, dispense with any of the requirements of this Act as to examination of the master by the collector previously to depar- ture, and as to clearance, which the Governor in Council deems it inexpedient to enforce. R.S., c. 32, s. 100. 824 298. R.S., 1906. Customs. Chap. 48. 75 298. The Governor in Council may, by regulations from Further in- time to time, require such further information with regard to to*" goods 1 ex- the description, quantity, quality and value of goods exported ported or from Canada, or removed from one port to another in Canada, r ' or in transit through Canada, to be given to the proper officer of the Customs, in the report and entry of such goods outwards or otherwise, as he deems requisite for statistical or other pur- poses, whether such goods are exported, or removed or trans- ported by sea, land or inland navigation. 52 V., c. 14, s. 10. 299. The Governor in Council may, from time to time, Regulation make regulations for declaring what shall be coasting trade trade 181108 or inland navigation respectively, and how the same shall be regulated in any case or class of cases, and may declare any trade or voyage on the seas, rivers, lakes or waters within or adjacent to Canada, whether to or from any place within or without Canada, or whether such seas, rivers, lakes or waters are or are not geographically, or for the purpose of other acts or laws, inland waters, to be a coasting trade or a coasting voy- age within the meaning of this Act and of such regulations, and may also, from time to time, by regulation, dispense, on any con- dition which he sees fit to impose, with such of the require- ments of this Act as he deems it inexpedient to enforce with regard to vessels engaged in any such trade or with respect to any case or class of cases. R:S., c. 32, ss. Ill and 245. 300. The Governor in Council may by regulation relax Dispensing or dispense with the provisions of this Act touching oaths, v 2. th v^s, 8 rn nil 3. t ions affirmations or declarations required or authorized by this Act, or declara- with regard to goods imported by land or inland navigation, tlons - or with regard to any other class of cases designated in such regulation. 51 V., c. 14, s. 33. 301. The Governor in Council may, if he deems it expedi- General regu- ent, make general regulations in any matter in which he may any case make a special order ; and any such general regulation shall wn _ er e special ■i ' . . order mav apply to each particular case within the intent and meaning be mule. thereof, as fully and effectually as if the regulation provided specially for each such particular case, and as if the officers, functionaries and persons had been specially named therein. R.S., c. 32, s. 215. 302. All general regulations made by the Governor in Publication. Council under this Act, shall have effect from and after the day on which the same are published in the Canada Gazette, or from and after such later day as is appointed for the purpose in such regulations, and during such time as is therein express- ed, or, if no time is expressed for that purpose, then until the same are revoked or altered. R.S., c. 32, s. 253. 825 Powers R.S., 1906. 76 Chap. 48. Customs. Baggage, etc., of travellers between Canada and United States. Testing of molasses and syrups. Decision of officer final. Unless changed on appeal. Powers of the Minister. 303. The Minister may, from time to time, and as occasion requires, make such regulations as to him seem meet, with respect to travellers passing through a portion of Canada, or coming into it with their carriages, horses or other cattle draw- ing (he same, and personal baggage, with the intention of forth- with returning to the United States, or, having gone to the Unito'l Stales from Canada, returning to Canada with such articles, and may direct under what circumstances duty shall or shall not be paid, and on what conditions it shall be remitted or returned. 51 V., c. 14, s. 47. 304. Regulations respecting the manner in which molasses and syrups shall be sampled and tested for the purpose of deter- mining the classes to which they belong, with reference to the duty chargeable thereon, shall be made by the Minister; and the instruments and appliances necessary for such determination shall be designated by him, and supplied to such officers as are by him charged with the duty of sampling and testing such molasses and syrups. 2. The decision of any officer to whom is so assigned the testing of such articles, as to the duties to which they are sub- ject under the tariff, shall be final and conclusive, unless, upon appeal to the Commissioner of Customs, within thirty days from the rendering of such decision, such decision is, with the approval of the Minister, changed; and the decision of the Com- missioner with such approval shall be final. 60-61 V., c. 16, s. 9 ; 3 E. VII., c. 14, s. 15. ANNUAL REPORT. To be laid before Par- liament. 305. The Minister shall annually make to the Governor General, to be laid before Parliament within fifteen days after the meeting thereof, a report and statement of the transactions and affairs of the Department during the year then next pre- ceding. E.S., c. 32, s. 254. OTTAWA: Printed by Samuel Edward Dawson, Law Printer to the King's most Excellent Majesty. R.S., 1906. 826 CHAPTER 49. An Act respecting the Duties of Customs. SHORT TITLE. 1. This Act may be cited as the Customs Tariff. 60-61 V., Short title, c. 16, s. 1. INTERPRETATION. 2. In this Act, and in any other Act relating to Customs, Definitions, unless the context otherwise requires, — (a) ' n. e. s.' represent and have the meaning of the words ' N. e. s.' ' not elsewhere specified ' ; (b) ' n. o. p.' represent and have the meaning of the words - x. . p.' ' not otherwise provided for ' ; (c) 'gallon' means an imperial gallon; (d) l ton ' means two thousand pounds avoirdupois ; < Ton . (e) i proof ' or ' proof spirits,' when applied to wines or < Proof.' spirits of any kind, means spirits of a strength equal to ' Prpof^ that of pure ethyl alcohol compounded with distilled water spints - in such proportions that the resultant mixture shall, at a temperature of sixty degrees Fahrenheit, have a specific gravity of 0*9198, as compared with that of distilled water at the same temperature; (f) ' gauge ' when applied to metal sheets or plates or to « Gauge.' wire, means the thickness as determined by the imperial standard gauge; (g) ■ in diameter,' when applied to tubing, means the actual ' in diame- inside diameter ; ter -' (h) "sheet,' when applied to metals, means a sheet or plate 'Sheet.' not exceeding three-sixteenths of an inch in thickness : (i) ' plate,' when applied to metals, menus a plate or sheet ' Plate.' more than three-sixtconths of an inch in thickness. 60-61 V., c. 16, s. 2; 4 E. VII., c. 11, s. 1. 3. Nothing in this Act contained shall. — This Act not (a) in anywise abrogate or impair any power conferred upon Transfers to the Governor in Council by the Customs Act to transfer free list, dutiable goods to the list of goods which may be imported free of duty ; or, (b) affect the French Treaty Act, 1 S '.H, or the Act passed Certain Acta. in the session held in the fifty-eighth and fiftv-ninth pears 827 of R.S., 1906. Chap. 49. Customs Tariff. of Her late Majesty's reign, chapter three, intituled An Act respecting Commercial Treaties affecting Canada. G0-G1 V., c. 16, ss. 3 and 16. Schedule A. GOODS SUBJECT TO DUTIES. 4. Subject to the provisions of this Act and to the require- ments of the Customs Act, there shall be levied, collected and paid upon all goods enumerated^ or referred to as not enumer- ated, in schedule A to this Act, when such goods are imported into Canada, or taken out of warehouse for consumption therein, the several rates of duties of Customs set forth and described in the said schedule and set opposite to each item respectively, or charged thereon as not enumerated. 60-61 V., c. 16, s. 4. Surtax. 5. Articles which are the growth, produce, or manufacture of any foreign country which treats imports from Canada less favourably than those from other countries may be subject to a surtax over and above the duties specified in the said schedule A, the surtax in every case to be one-third of the duty specified in the said schedule. 2. The surtax shall apply, notwithstanding the provisions of the British preferential tariff and regulations thereunder, to every article the chief value of which was produced in such foreign country, although the article may have been improved or advanced in value by the labour of another country. 3. Any question arising as to any foreign country or goods coming under the operation of this section shall be decided by the Minister whose decision shall be final. 4. The Minister, with the approval of the Governor in Coun- cil, may make regulations for carrying out the purposes of this section. 3 E. VII., c. 15, s. 5. British Preferential Tariff. countries and ®' ^ r ^ c ^ es (other than wines, malt liquors, spirits, spiritu- articles ous liquors, liquid medicines and articles containing alcohol ; applicable, tobacco, cigars and cigarettes), which are the growth, produce or manufacture of any of the following countries, when im- ported direct into Canada from any of such countries, may be entered for duty or taken out of warehouse for consumption in Canada, at the reduced rate of duty provided by the British preferential tariff provided for in the next following section of this Act: — (a) The United Kingdom; (b) The British Colony of Bermuda; (c) The British Colonies commonly called the British West Indies, including, — the Bahamas, Jamaica, 828 . Turks U.S., 1906. To what countries applicable. Upon what articles. Decision of Minister. Regulations. Customs Tariff. Chap. 49. < Turks and Caicos Island, the Leeward Islands (Antigua, St. Christopher Nevis, Dominica, Montserrat and the Virgin Islands, the Windward Islands (Grenada, St. Vincent and St. Lucia), Barbados, Trinidad and Tobago ; (d) British Guiana ; (e) Any other British colony or possession the Customs tariff of which is, on the whole, as favourable to Canada as the British preferential tariff is to such colony or pos- session; the Minister with the approval of the Governor in Council to determine what British colonies or posses- sions shall be entitled to the benefits of such tariff undei this paragraph: Provided that, — (a) such reduced rate of duty shall only apply to refined Refined sugar when evidence satisfactory to the Minister is fur- su s ar - nished that such refined sugar has been manufactured wholly from raw sugar produced in the British colonies or possessions; and, (b) manufactured articles to be admitted under the British Manufac- preferential tariff shall be bona fide the manufactures of a articles, country or countries entitled to the benefit of such tariff, and that the benefit shall not extend to the importation of articles into the production of which there has not entered a substantial portion of the labour of such coun- tries; and any question arising as to any articles being entitled to such benefits shall be decided by the Minister, whose decision shall be final. 2. Raw sugar, including all sugar described in item 43G Raw sugar, of schedule A, may, when imported direct from any British colony or possession, be entered for duty or taken out of ware- house for consumption in Canada at the reduced rate of duty provided in the British preferential tariff. 3. The Minister may, with the approval of the Governor Regulations, in Council, make such regulations as are deemed necessary foi the carrying out of the intention of this section. Gl V., c. 37, s. 2; 63-64 V., c. 15, s. 2. 7. On articles entitled to the benefit of the British prefer- Duties ential tariff the duties mentioned in schedule A shall be reduced reduc jed by one-third thereof, and the duties to be levied, collected and paid upon such articles shall be two-thirds only of the duties mentioned in the said schedule A. 63-64 V., c. 15, s. 2. Reciprocal Advantages. 8. The whole or part of the duties hereby imposed upon United fish and other products of the fisheries may be remitted, as j^f^f 9 &u a respects either the United States or Newfoundland, or both, land. 820 upon U.S., 1906. Chap. 49. < 'ustoms Tariff. upon proclamation of the Governor in Council, which may bo issued whenever it appears to his satisfaction that the Govern- ments of the United States and Newfoundland, or either of them, have made changes in their tariffs of duties imposed upon articles imported from Canada, in reduction or repeal of the duties in force in the said countries respectively. 60-61 V., c. 16, s. 7. Supplementary Provisions. Packages. 9, Packages shall be subject to the following provisions: — • (a) All bottles, flasks, jars, demijohns, carboys, casks, hogs- heads, pipes, barrels, and all other vessels or packages, manufactured of tin, iron, lead, zinc, glass or any other material capable of holding liquids, and all packages in which goods are commonly placed for home consumption, including eases, not otherwise provided for, in which bot- tled spirits, wines or malt liquors or other liquids are con- tained, and every package being the first receptacle or cover- ing inclosing goods for the purpose of sale, shall in all cases, not otherwise provided for, in which they contain goods subject to an ad valorem duty or a specific and ad valorem duty, be charged with the same rate of ad valorem duty as is to be levied and collected on the goods they contain, and the value of the packages may be included in the value of such goods; (b) All such packages as aforesaid containing goods sub- ject to a specific duty only, and not otherwise provided for, shall be charged with a duty of twenty per centum ad valorem; (c) Packages not hereinbefore specified, and not herein specially charged with or declared liable to duty, and being the usual and ordinary packages in which goods are packed for exportation, according to the general usage and custom of trade, shall be free of duty; (d) All such special packages or coverings as are of any use, or apparently designated for use other than in the im- portation of the goods they contain, shall be subject to the same rate of duty as would thereon be levied if imported empty or separate from their contents; (e) Packages (inside or outside), containing free goods shall be exempt from duty when the packages are of such a nature that their destruction is necessary in order to release the goods. 60-61 V., c. 16, s. 13. Goods im- 10. With respect to goods imported for manufacturing pur- marmfactur- poses that are admissible under this Act for any specific purpose ing purposes. a t a lower rate of duty than would otherwise be chargeable, or exempt from duty, the importer claiming the exemption from duty, or proportionate exemption, from duty, shall make and subscribe to the following affidavit or affirmation before the 830 collector R.S., 1906. Customs Tariff. Chap. 49. 5 collector of Customs at the port of entry, or before a notary public or a commissioner for taking affidavits : — ' I {name of importer) the undersigned, importer of the {names of the goods or articles) mentioned in this entry, do solemnly {swear or affirm) that such {names of the goods or articles) are imported by me for the manufacture of {names of the goods to be manufactured) in my own factory, situated at {name of the place, county and province), and that no portion of the same will be used for any other purpose or disposed of until so manufactured.' 60-61 V., c. 16, s. 15. 11. Molasses, the produce of any British country entitled Molasses, to the benefits of the British preferential tariff, when produced from sugar-cane and imported direct by vessel from the country of production or from any British country, in the original pack- age in which it was placed at the point of production, and not afterwards subjected to any process of treating or mixing, shall be frefi of duty, and the package also shall be free. 2. The molasses may be transferred in bond under excise Transfer in regulations for purposes of distillation. 3. Molasses admitted to entry under item 441 in schedule A 1 **" *.™ 1 " shall be imported direct from the place of production, or its shipping port, under regulations made by the Minister. 4 E. V1L, c. 11, s. 18 ; 4-5 E. VII., c. 11, s. 9. 12. Whenever it appears to the satisfaction of the Minister Under or of any officer of Customs authorized to collect Customs duties, that the export price or the actual selling price to the importer in Canada of any imported dutiable article, of a class or kind made or produced in Canada, is less than the fair mar- ket value thereof, as determined according to the basis of value for duty provided in the Customs Act in respect of imported goods subject to an ad valorem duty, such article shall, in addi- tion to the duty otherwise established, be subject to a special Special duty, duty of Customs equal to the difference between such fair market value and such selling price: Provided that the special Proviso - Customs duty on any article shall not exceed one-half of the Customs duty otherwise established in respect of the article, except in regard to the articles mentioned in items 22 I. 226, 228 and 231 in schedule A to this Act, the special dutv of Cus- toms on which shall not exceed fifteen per centum ad valorem, nor more than the difference between the selling price and the fair market value of the article. 2. This section shall apply to imported round rolled wire Wire rod*. rods not over three-eighths of an inch in diameter, notwith- standing that such rods are on the Customs free list: Provided that the special duty of Customs oe such wire rods shall not exceed fifteen per centum ad valorem. 3. Tf at any time it appears to the satisfaction of the Gover- Proceedings; nor in Council, on a report from the Minister, thai the payment dutTTvaded. of the special dutv by this section provided \'<>v is being evaded 831 by ];.S., 1906. Chap. 49. Customs Tariff. Entry to be amended. Regulations. Definitions. Application of this section. Re-rolled railway bars and rails. by the shipment of goods on consignment without sale prior to such shipment, the Governor in Council may in any case or class of cases authorize such action as is deemed necessary to collect on such goods or any of them the same special duty as if the goods had been sold to an importer in Canada prior to their shipment to Canada. 4. If the full amount of any special duty of Customs is not paid on goods imported, the Customs entry thereof shall be amended and the deficiency paid upon the demand of the collec- tor of Customs. 5. The Minister may make such regulations as are deemed necessary for the carrying out of the provisions of this section, and for the enforcement thereof, and may by such regulations provide, — (a) for the temporary exemption from special duty of any article or class of articles, when it is established to the satisfaction of the Minister that such articles are not made in Canada in substantial quantities, and offered for sale to all purchasers on equal terms; (b) for the exemption from special duty of any article whereon the duty in schedule A to this Act is equal to fifty per centum ad valorem or upwards, or when the difference between the fair market value of the goods and the selling price thereof to the importer as aforesaid amounts only to a small percentage of their fair market value. ' Export price ' or ' selling price ' in this section shall be to mean and include the exporter's price for the goods 6. held exclusive of all charges thereon after their shipment from the place whence exported directly to Canada. 7. This section shall not apply to goods of a class subject to excise duty in Canada. 4 E. VIL, c. 11, s. 19. 13. Subject to such regulations as the Minister deems ex- pedient, notwithstanding anything contained in schedule A to this Act, the duty on iron and steel railway bars or rails, which have been in use in the tracks of railways in Canada, and which have been exported from Canada, and returned thereto, after having been re-rolled, weighing not less than fifty-six pounds per lineal yard when re-rolled, and to be used by the railway company importing them, in its own tracks, shall be twenty-five per centum of the cost of re-rolling the rails: Provided that whenever the Governor in Council is satisfied that a mill adapted to and equipped for the re-rolling of sr.ch rails in substantial quantities has been established in Canada, the Governor General, by order in council published in the Canada Gazette, may abolish this duty, and thereupon all such rails when im- ported shall be subject to such duty as this Act otherwise pro- vides. 6 E. VII., c. 9, s. 3. FREE GOODS. Schedule B. 14. Subject to the provisions of this Act and to the require- ments of the Customs Act and to the further conditions con- 832 tained U.S., 1906. Customs Tariff. Chap. 49. 7 tained in schedule B to this Act, all goods enumerated in the said schedule B may be imported into Canada, or may be taken out of warehouse for consumption in Canada without the pay- ment of any duties of Customs thereon. 60-61 V., c. 16, s. 5. PEOHIBITED GOODS. 15. The importation into Canada of any goods enumerated, Schedule (J. described or referred to in schedule C to this Act is prohibited. 61 V., c. 37, s. 1. 16. The importation of any goods, — Importation (a) which, if sold, would be forfeited under the provisions °oJd s rtain of Part VII. of the Criminal Code ; or, (b) manufactured in any foreign state or country which bear any name or trade mark which is or purports to be the name or trade mark of any manufacturer, dealer or trader in the United Kingdom or in Canada, unless such name or trade mark is accompanied by a definite indica- tion of the foreign state or country in which the goods were made or produced ; is prohibited. Prohibited. 2. For the purposes of this section, if there is on any goods interpreta- a name which is identical with or a colourable imitation of tlon - the name of a place in the United Kingdom or in Canada, such name, unless it is accompanied by the name of the state or country in which it is situate, shall, unless the Minister decides that the attaching; of such name is not calculated to deceive, (of which matter the Minister shall be the sole judge), be treated as if it was the name of a place in the United Kingdom or in Canada. 3. The Governor in Council may, whenever he deems it Power of expedient in the public interest, declare that the provisions of J'"™™! 01 " '" the two subsections last preceding shall apply to any city or place in any foreign state or country ; and after the publication in the Canada Gazette of the order in council made in that behalf, such provisions shall apply to such city or place in like manner as they apply to any places in the United Kingdom or in Canada, and may be enforced accordingly. 4. The Governor in Council may, from time to time, make Regulations, regulations, either general or special, respecting the detention and seizure of goods, the importation of which is prohibited by this section, and the conditions, if any, to be fulfilled before such detention and seizure; and may, by such regulation-. determine the information, notice and security to be given, and the evidence necessary for any of the purposes of this section, and the mode of verification of such evidence. 5. The regulations may provide for the reimbursing by tin idem, informant to the Minister of all expenses and damages incurred in respect of any detention made on his information, and of any proceedings consequent upon such detention. 53 833 6. R.S., 1906. 8 [dem. Publication. Chap. 49. Customs Tariff. Importation of goods in schedule C. Penalty. Inquiry by judge. Evidence. Report. 6. The regulations may apply to all goods the importation of which is prohibited by this section, or different regulations may be made respecting different classes of such goods or of offences in relation to such goods. 7. All such regulations shall be published in the Canada Gazette and shall have force and effect from the date of such publication. 51 V., c. 41, s. 22 ; 55-56 V., c. 29, appendix. 17. If any goods enumerated, described or referred to in schedule C to this Act are imported into Canada, such goods shall thereby become forfeited to the Crown and shall be destroyed or otherwise dealt with as the Minister directs, and any person importing any such prohibited goods, or causing or permitting them to be imported shall for each offence incur a penalty not exceding two hundred dollars. 61 V., c. 37, s. 1. POWEE OF THE GOVEENOE IN COUNCIL TO EEDUCE DUTIES OE PLACE ON FEEE LIST. 18. Whenever the Governor in Council has reason to believe that with regard to any article of commerce there exists any trust, combination, association or agreement of any kind among manufacturers of the article or dealers therein to unduly enhance the price of the article, or in any other way to unduly promote the advantage of the manufacturers or dealers at the expense of the consumers, the Governor in Council may com- mission or empower any judge of the Supreme Court of Canada or of the Exchequer Court of Canada, or of any superior court in any province of Canada, to inquire in a summary way into and report to the Governor in Council whether such trust, combination, association or agreement exists. 2. The judge may compel the attendance of witnesses and examine them under oath and require the production of books and papers, and shall have such other necessary powers as are conferred upon him by the Governor in Council for the purposes of such inquiry. 3. If the judge reports that such trust, combination, associa- tion or agreement exists, and if it appears to the Governor in Council that the disadvantage to the consumers is facilitated by the duties of customs imposed on a like article when imported, then the Governor in Council shall place the article on the free list, or so reduce the duty on it as to give to the public the benefit of reasonable competition in such article. 60-61 V.. c. 16, s. 18. R.S., 1906. s:;t SCIIKM'LK Customs Tariff. Chap. 49. SCHEDULE A. GOODS SUBJECT TO DUTIES. Ales, Beers, Wines and Liquors. 1. Ale, beer and porter, when imported in casks or otherwise than in bottle, sixteen cents per gallon lGc. p. gall. 2. Ale, beer and porter, when imported in bot- tles (six quart or twelve pint bottles to be held to contain one gallon), twenty-four cents per gallon 24c. p. gall. 3. Cider, not clarified or refined, five cents per gallon 5c. p. gall. 4. Cider, clarified or refined, ten cents per gal- lon 10c. p. gall. 5. Lime juice and fruit juices, fortified with or containing not more than twenty-five per cent of proof spirits, sixty cents per gallon ; and when containing more than 60c. p. gall. twenty-five per cent of proof spirits, two dollars per gallon $2 p. gall. 6. Lime juice and other fruit syrups and fruit juices, n.o.p., twenty per cent ad valorem 20 p. c. 7. Spirituous or alcoholic liquors, distilled from any material, or containing or com- pounded from or with distilled spirits of any kind, and any mixture thereof with water, for every gallon thereof of the strength of proof, and, wLen of a greater strength than that of proof, at the same rate on the increased quantity that there would be if the liquors were reduced to the strength of proof. When the liquors are of a less strength than that of proof, the duty shall be at a rate herein provided, but com- puted on a reduced quantity of the liquors in proportion to the lesser degree of strength: Provided, however, that no re- duction in quantity shall be computed or made on any liquors below the strength of fifteen per cent under proof, but all such liquors shall be computed as of the strength of fifteen per cent under proof, as follows : — (a) Ethyl alcohol, or the substance com- monly known as alcohol, hydrated oxide of ethyl or spirits of wine; gin of all kinds, n.e.s. ; rum, whiskey and all spirituous or alcoholic liquors, n.o.p. ; amyl alcohol or fusel oil, or 53£ 835 any R.S., 1906. 10 Chap. 49. Customs Tariff. any substance known as potato spirit or potato oil; methyl alcohol, wood alcohol, wood naphtha, pyroxylic spirit or any substance known as wood spirit or methylated spirits, absinthe, arrack or palm spirit, brandy, includ- ing artificial brandy and imitations of brandy; cordials and liqueurs of all kinds, n.e.s. ; mescal, pulque, rum shrub, schiedam and other schnapps; tafia, angostura and similar alcoholic bitters or beverages, two dollars and forty cents per gallon $2.40 p. gall. (b) Spirits and strong waters of any kind, mixed with any ingredient or ingredients, as being or known or designated as anodynes, elixirs, es- sences, extracts, lotions, tinctures or medicines, or medicinal wines (so called), or ethereal and spirituous fruit essences, n.e.s., two dollars and forty cents per gallon and thirty per $2.40 p. gall, cent ad valorem and 30 p. c. (c) Alcoholic perfumes and perfumed spirits, bay rum, cologne and lavender waters, hair, tooth and skin washes, and other toilet preparations contain- ing spirits of any kind, when in bottles or flasks containing not more than four ounces each, fifty per cent ad valorem 50 p. c. When in bottles, flasks or other pack- ages, containing more than four ounces each, two dollars and forty cents per $2.40 p. gall, gallon and forty per cent ad valorem, and 40 p. c. (d) Nitrous ether, sweet spirits of nitre and aromatic spirits of ammonia, two dollars and forty cents per gallon and $2.40 p. gall, thirty per cent ad valorem and 30 p. c. (e) Vermouth containing not more than thirty-six per cent, and ginger wine containing not more than twenty-six per cent of proof spirits, ninety cents per gallon 90c. p. gall. If containing more than these percent- ages respectively of proof spirits, two dollars and forty cents per gallon. . . $2.40 p. gall. (f) Medicinal or medicated wines con- taining not more than forty per cent of proof spirits, one dollar and fifty cents per gallon $1.50 p. gall. 836 Provided R.S., 1906. Customs Tariff. Chap. 49. 11 Provided that bottles and flasks and packages of gin, rum, whiskey and brandy of all kinds, and imitations thereof, shall be held to contain the following quantities (subject to the provisions for addition or deduction in respect of the degree of strength), viz. : — Bottles, flasks and packages con- taining not more than three-fourths of a gallon per dozen, as three-fourths of a gallon per dozen ; Bottles, flasks and packages con- taining more than three-fourths of a gallon, but not more than one gallon per dozen, as one gallon per dozen; Bottles, flasks and packages con- taining more than one gallon, but not more than one and one-half gallon per dozen, as one and one-half gallon per dozen ; Bottles, flasks and packages con- taining more than one and one-half gallon, but not more than two gallons per dozen, as two gallons per dozen; Bottles, flasks and packages con- taining more than two gallons, but not more than two and four-fifths gallons per dozen, as two and four-fifths gal- lons per dozen; Bottles, flasks and packages con- taining more than two and four-fifths gallons, but not more than three gal- lons per dozen, as three gallons per dozen ; Bottles, flasks and packages con- taining more than three gallons, but not more than three and one-fifth gal- lons per dozen, as three and one-fifth gallons per dozen ; Provided further that bottles or phials of liquors such as samples, not for sale to the trade, may be entered for duty according to actual measure- ment, under regulations by the Minis- ter of Customs. Wines of all kinds, except sparkling wines, including orange, lemon, strawberry, rasp- berry, elder and currant wines, containing twenty-six per cent or less of spirits of the strength of proof, whether imported in 837 wood E.S., 1U06. L2 Chap. 49. Customs Tariff. wood or in bottles (six quart or twelve pint bottles to be held to contain a gallon), twenty-five cents per gallon; and for each 25c. p. gall. degree or fraction of a degree of strength in excess of the twenty-six per cent of spirits as aforesaid, an additional duty of three cents until the strength reaches forty 3c. p. -ieg. per cent of proof spirits; and in addition thereto, thirty per cent ad valorem 30 p. c. 8a. Wines of all kinds, except sparkling wines, containing not more than forty per cent of spirits of the strength of proof, whether im- ported in wood or in bottles (six quart or twelve pint bottles to be held to contain a gallon), when the produce or manufacture of any British colony or territory in the South African Customs Union Convention, twenty-five cents per gallon 25c. p. gall. 9. Champagne and all other sparkling wines in bottles containing each not more than a quart but more than a pint, three dollars and thirty cents per dozen bottles; contain- $3.30 p. doz. ing not more than a pint each, but more than one-half pint, one dollar and sixty- $1.65 p. doz. five cents per dozen bottles ; containing one- half pint each or less, eighty- two cents per 82c. p. doz. dozen bottles ; bottles containing more than one quart each shall pay, in addition to three dollars and thirty cents per dozen bottles, at the rate of one dollar and sixty- $1.65 p. gall. five cents per gallon on the quantity in excess of one quart per bottle, the quarts and pints in each case being old wine mea- sure; in addition to the above specific duty there shall be an ad valorem duty of thirty per cent 30 p. c. 10. But any liquors imported under the name of wine, and containing more than forty per cent of spirits of the strength of proof shall be rated for duty as unenumerated spirits. Animals, and Agricultural, Animal and Dairy Products. 11. Animals, living, n.e.s., twenty per cent ad valorem 20 p. c. 12. Live hogs, one and one-half cent per pound, l^c. per lb. 13. Meats, n.e.s., (when in barrel, the barrel to be free), two cents per pound 2c. per lb. 14. Meats, fresh, n.e.s., three cents per pound. . 3c. per lb. 15. Canned meats, and canned poultry and game, extract of meats and fluid beef not medi- 838 rated, R.S., 1006. Customs Tariff. Chap. 49. 13 cated, and soups, twenty-five per cent ad valorem 25 p. c. 16. Mutton and lamb, fresh, thirty-five per cent ad valorem 35 p. c. 17. Poultry and game, n.o.p, twenty per cent ad valorem 20 p. c. 18. Lard, lard compound and similar substances, cottolene and animal stearine of all kinds, n.e.s., two cents per pound 2c. per lb. 19. Tallow and stearic acid, twenty per cent ad valorem 20 p. c. 20. Beeswax, ten per cent ad valorem 10 p. c. 21. Candles, n.e.s., twenty-five per cent ad valorem 25 p. c. 22. Paraffine wax candles, twenty-five per cent ad valorem 25 p. c. 23. Soap, common or laundry, one cent per pound lc. per lb. 24. Castile soap, mottled or white, two cents per pound 2c. per lb. 25. Soap, n.e.s., thirty-five per cent ad valorem. 35 p. c. 26. Pearline, and other soap powders, thirty per cent ad valorem 30 p. c. 27. Glue, liquid, powdered or sheet, and. muci- lage, gelatine, and isinglass, twenty-five per cent ad valorem 25 p. c. 28. Feathers, undressed, twenty per cent ad valorem 20 p. c. 29. Feathers, n.e.s., thirty per cent ad valorem . 30 p. c. 30. Eggs, three cents per dozen 3c. p. doz. 31. Butter, four cents per pound 4c. per lb. 32. Cheese, three cents per pound 3c. per lb. 33. Condensed milk (weight of the package to be included in the weight for duty), three and one-quarter cents per pound 3^c. per lb. 34. Condensed coffee with milk, milk foods and all similar preparations, thirty per cent ad valorem 30 p. c. 35. Apples, including; the duty on the barrel, forty cents per barrel 40c. p. brl. 36. Beans, fifteen cents per bushel 15c. p. bush. 37. Buckwheat, ten cents per bushel 10c. p. bush. 38. Pease, n.e.s., ten cents per Inishol 10c. p. bush. 39. Potatoes, n.e.s., fifteen cents per bushel. . . . 15c. p. bush. 40. Rye, ten cents per bushel 10c. ('l- lb. 1 1 1. Anchovies and sardines, packed in oil or otherwise, in tin boxes measuring not more than five inches long, four inches wide and throe and a half indies deep, per whole box, five cents 5c. p. box. (b) In half boxes measuring nol more than five inches Long, four indies wide and one and five-eighths deep, per half box, two and one-half cents. 2 .',<•. p. \ box. 843 (c) R.S., 1906. c. p. -} box. 30 p. c. 30 p. c. Ic. per lb. 25 p. c. 10c. ]). gal. 18 Chap. 49. Customs Tariff. (c) In quarter boxes, measuring not more than four inches and three- quarters long, three and a half inches wide and one and a quarter deep, per quarter box, two cents 112. Anchovies and sardines when imported in any other form, thirty per cent ad valorem 113. Fish preserved in oil, except anchovies and sardines, thirty per cent ad valorem . . 114. Fresh or dried fish, n.e.s., imported in bar- rels, or half-barrels, one cent per pound. . 115. Salmon and all other fish prepared or pre- served, including oysters, not specially enumerated or provided for in this Act, twenty-five per cent ad valorem 116. Oysters, shelled, in bulk, ten cents per gallon 117. Oysters, shelled, in cans not over one pint, three cents per can, including the cans.. 3c. p. can. 118. Oysters, shelled, in cans over one pint and not over one quart, five cents per can, in- cluding the cans 5c. p. can. 119. Oysters, shelled, in cans exceeding one quart in capacity, an additional duty of five cents for each quart or fraction of a quart of capacity over a quart, including the cans 5c. p. quart. 120. Oysters in the shell, twenty- five per cent ad valorem 25 p. c. 121. Packages containing oysters or other fish, n.o.p., twenty-five per cent ad valorem. ... 25 p. c. 122. Oils, spermaceti, whale and other fish oils, and all other articles the produce of the fisheries not specially provided for, twenty per cent ad valorem 20 p. c. Boohs and Paper. 123. Albumenized and other papers and films chemically prepared for photographers' use, thirty per cent ad valorem 30 p. c. 124. Books, viz. : — Xovels or works of fiction, or literature of a similar character, unbound or paper bound or in sheets, including freight rates for railways and telegraph rates, bound in book or pamphlet form, but not to include Christmas annuals or publi- cations commonly known as juvenile and toy books, twenty per cent ad valorem. ... 20 p. c. 125. Books, printed, periodicals and pamphlets, or parts thereof, n.e.s., — not to include blank 844 account E.S., 1906. Customs Tariff. Chap. 49. 19 account books, copy books, or books to be written or drawn upon, ten per cent ad valorem 10 p. c. 126. Advertising and printed matter, viz. : — Ad- vertising pamphlets, advertising pictorial show cards, illustrated advertising peri- odicals ; illustrated price books, catalogues and price lists, advertising almanacs and calendars; patent medicine or other adver- tising circulars, fly sheets or pamphlets; advertising chromos, chromotypes, oleo- graphs or like work produced by any pro- cess other than hand painting or drawing, and having any advertisement or adver- tising matter printed, lithographed or stamped thereon, or attached thereto, in- cluding advertising bills, folders and post- ers, or other similar artistic work, litho- graphed, printed or stamped on paper or cardboard for business or advertisement purposes, n.o.p., fifteen cents per pound. . . 15c. per lb. 127. Labels for cigar boxes, fruits, vegetables, meats, fish, confectionery or other goods or wares ; shipping, price or other tags, tickets or labels, and railroad or other tickets, whether lithographed or printed or partly printed, n.e.s., thirty-five per cent ad valorem 35 p. c. 128. Bank notes, bonds, bills of exchange, cheques, promissory notes, drafts and all similar work, unsigned, and cards or other commercial blank forms printed or litho- graphed, or printed from steel or copper or other plates, and other printed matter, n.e.s., thirty-five per cent ad valorem. ... 135 p. c. 129. Printed music, bound or in sheets, ten per cent ad valorem 10 p. c. 130. Photographs, chromos, chromotypes, arto- types, oleographs, paintings, drawings, pictures, engravings or prints, or proofs therefrom, and similar works of art, n.o.p. ; blue prints, building plans, maps and charts, n.e.s., twenty per cent ad valorem . 20 p. c. 131. Newspapers or supplemental editions or parts thereof, partly printed and intended to be completed and published in Canada, twenty-five per cent ad valorem 25 p. c. 132. Union collar cloth paper in rolls or sheets, not glossed or finished, fifteen per cent ad valorem 1 5 p. c. 845 133. R.S., 1906. 20 Chap. 49. Customs Tariff. 133. Union collar cloth paper in rolls or sheets, glossed or finished, twenty per cent ad valorem 20 p. c. 134. Mill-board, not straw board, ten per cent ad valorem 10 p. c. 135. Straw board, in sheets or rolls; tarred paper, felt or straw board; sand paper, glass or flint paper, and emery paper or emery cloth, twenty-five per cent ad valorem.. ... 25 p. c. 130. Paper sacks or bags of all kinds, printed or not, twenty-five per cent ad valorem 25 p. c. 137. Playing cards, six cents per pack 6c. p. pack. 138. Paper hangings or wall papers, borders or bordering, and window blinds of paper of all kinds, thirty-five per cent ad valorem. . 35 p. c. 139. Printing paper and paper of all kinds, n.e.s., twenty-rive per cent ad valorem 25 p. c. 140. Ruled and border and coated papers, pape- teries, boxed papers, pads not printed, papier-macheware, n.o.p. ; envelopes, and all manufactures of paper, n.e.s., thirty- live per cent ad valorem 35 p. c. Chemicals and Drugs. 1 11. Acid, acetic acid and pyroligneous, n.e.s., and vinegar, a specific duty of fifteen cents for each gallon of any strength not exceed- 15c. p. gall, ing the strength of proof, and for each degree of strength in excess of the strength of proof an additional duty of two cents. 2c. p. deg. The strength of proof shall be held to be equal to six per cent of absolute acid, and in all cases the strength shall be deter- mined in such manner as is established by the Governor in Council. 142. Acid, acetic acid crude, and pyroligneous crude, of any strength not exceeding thirty per cent, twenty-five per cent ad valorem 25 p. c. 143. Acid, muriatic and nitric, and all mixed or other acids, n.e.s., twenty per cent ad valorem 20 p. c. 144. Acid, sulphuric, twenty-five per cent ad valorem 25 p. c. 145. Acid, phosphate, n.o.p., twenty-five per cent ad valorem 25 p. c. 146. Sulphuric ether, chloroform, and solutions of peroxides of hydrogen, twenty-five per cent ad valorem 25 p. c. 846 147. R.S., 1906. Customs Tariff. Chap. 49. 21 147. All medicinal, chemical and pharmaceutical preparations, when compounded of more than one substance, including patent and proprietary preparations, tinctures, pills, powders, troches, lozenges, syrups, cordials, bitters, anodynes, tonics, plasters, lini- ments, salves, ointments, pastes, drops, waters, essences and oils, n.o.p. ; provided that drugs, pill-mass and preparations, not including pills or medicinal plasters recog- nized by the British or the United States pharmacopoeia or the French Codex as offi- cinal, shall not be held to be covered by this item ; all liquids containing alcohol, fifty per cent ad valorem; and all others, liquid 50 p. c. or not, twenty-five per cent ad valorem. . . 25 p. c. 148. Pomades, French or flower odours preserved in fat or oil for the purpose of conserving the odours of flowers which do not bear the heat of distillation, when imported in tins of not less than ten pounds each, fifteen per cent ad valorem 15 p. c. 149. Perfumery, including toilet preparations (non-alcoholic), viz. : — Hair oils, tooth and other powders and washes, pomatums, pastes and all other perfumed prepara- tions, n.o.p., used for the hair, mouth or skin, thirty per cent ad valorem 30 p. c. 150. Liquorice paste and liquorice in rolls and sticks, twenty per cent ad valorem 20 p. c. 151. Parafhne wax, twenty-five per cent ad valorem 152. Antiseptic surgical dressing, such as absorb- ent cotton, cotton wool, lint, lamb's wool, tow, jute, gauzes and oakum, prepared for use as surgical dressings, plain or medi- cated; surgical belts and trusses, electric belts, pessaries and suspensory bandages of all kinds, twenty per cent ad valorem .... 20 p. c. 154. Cod liver oil, twenty per cent ad valorem. . 20 p. c. Opium. 155. Opium, crude, the outward ball or covering to be free of duty, one dollar per pound. . $1 p. lb. 15G. Opium, powdered, one dollar and thirty-five cents per pound $1.35 p. lb. L57. Opium, prepared for smoking, five dollars per pound $5 p. lb. 847 Colours, R.S., 1906. 25 p. c. 22 Chap. 49. Customs Tariff. Colours, Paints, Oils, Varnishes, Etc. 158. Dry red lead, orange mineral and zinc white, five per cent ad valorem 5 p. c. 158a. Dry white lead, thirty per cent ad valorem. 30 p. c. 158&. White lead, ground in oil, thirty-five per cent ad valorem 35 p. c. 159. Ochres, ochrey earths, raw siennas, and col- ours, dry, n.e.s., twenty per cent ad valorem 20 p. c. 160. Oxides, umbers, burnt siennas, and fire proofs, n.e.s. ; laundry blueing of all kinds, rough stuff and dry and liquid fillers, anti- corrosive and anti-fouling paints commonly used for ships' hulls, and ground and liquid paints, n.e.s., twenty-five per cent ad valorem 25 p. c. 161. Paints and colours, ground in spirits, and all spirit varnishes and lacquers, one dollar and twelve and one-half cents per gallon. $1.12^ p. gall. 162. Paris pjreen, dry, ten per cent ad valorem. . 10 p. c. 163. Ink for writing, tw T enty per cent ad valorem. 20 p. c. 164. Blacking, shoe, and shoemakers' ink; shoe, harness and leather dressing, harness soap, and knife or other polish or composition, n.o.p., twenty-five per cent ad valorem. . . 25 p. c. 165. Putty, of all kinds, tw r enty per cent ad valorem 20 p. c. 166. Turpentine, spirits of, five per cent ad va- lorem 5 p. c. 167. British gum, dextrine, sizing cream and ena- mel sizing, ten per cent ad valorem 10 p. c. 168. Varnishes, lacquers, japans, japan driers, liquid driers and oil finish, n.e.s., tw r enty cents per gallon and twenty per cent ad 20c. p. gall. valorem and 20 p. c. 169. Linseed or flaxseed oil, raw or boiled, lard oil, neat's-foot oil, and sesame seed oil, twenty-five per cent ad valorem 25 p. c. 170. Illuminating oils composed wholly or in part of the products of petroleum, coal, shale or lignite, costing more than thirty cents per gallon, twenty per cent ad valorem ... 20 p. c. 171. Lubricating oils, composed wholly or in part of petroleum, costing less than twenty-five cents per gallon, two and one-half cents per gallon 24_c. p. gall. 172. Crude petroleum, gas oils (other than naphtha, benzine or gasoline) lighter than •8235 but not less than *775 specific 848 gravity R.S., 1906. Customs Tariff. Chap. 49. 23 gravity at 60° temperature, one and one- half cent per gallon l£c. p. gall. 173. Oils, coal and kerosene, distilled, purified or refined, naphtha and petroleum, and pro- ducts of petroleum, n.e.s., two and one-half cents per gallon 2£c. p. gall. 174. Barrels, containing petroleum or its pro- ducts, or any mixture of which petroleum forms a part, when such contents are chargeable with a specific duty, twenty cents each 20c. each. 175. Lubricating oils, n.e.s., and axle grease, twenty per cent ad valorem 20 p. c. 176. Olive oil, n.e.s., twenty per cent ad valorem. 20 p. c. 177. Essential oil, ten per cent ad valorem 10 p. c. 178. Vaseline, and all similar preparations of petroleum for toilet, medicinal or other purposes, twenty-five per cent ad valorem . 25 p. c. Coal. 179. Bituminous slack coal, such as will pass through a half-inch screen, subject to regu- lations to be made by the Minister of Cus- toms, twenty per cent ad valorem, but not to exceed thirteen cents per ton of 2,000 pounds (being the equivalent of fifteen cents per ton of 2,240 pounds) : Provided that if the United States Congress fixes the duty on such slack coal at a rate not exceed- ing fifteen cents per ton of 2,240 pounds, then the duty on such coal imported into Canada, as provided in this item, shall be the minimum duty on such coal from all countries, notwithstanding section six of this Act 20 p. c. 180. Coal, bituminous, round and run of mine, and coal, n.e.s., fifty-three cents per ton of 2,000 pounds (being the equivalent of sixty cents per ton of 2,240 pounds) : Provided that if the United States Congress fixes the duty on such coal at a rate not exceeding forty cents per ton of 2,210 pounds, the Governor in Council may by proclamation reduce the duty mentioned in this item to forty cents per ton of 2,240 pounds, or the equivalent thereof per ton of 2,000 pounds, and the duty declared by such proclamation shall then be the minimum duty on such coal from all countries, notwithstanding 53c. p. ton section six of this Act of 2,000 lbs. 54 849 Earthenware. R.S., 1900. 24 Chap. 49. Customs Tariff. Earthenware, Cements, Slate and Stoneware. 181. Building brick, paving brick, stove linings, and fire brick, n.e.s., and manufactures of clay or cement, n.o.p., twenty per cent ad valorem 20 p. c. 182. Earthenware and stoneware, viz. : demijohns, churns or crocks, thirty per cent ad valorem 30 p. c. 183. Drain tiles, not glazed, twenty per cent ad valorem * 20 p. c. 184. Drain pipes, sewer pipes, chimney linings or vents, chimney tops and inverted blocks, glazed or unglazed, and earthenware tiles, thirty-five per cent ad valorem 35 p. c. 185. China and porcelain ware, also earthenware and stoneware, brown or coloured and Rock- ingham ware, white granite or iron stone- ware, ' c.c. 5 or cream-coloured ware, decor- ated, printed or sponged, and all earthen- ware, n.e.s., thirty per cent ad valorem. . . 30 p. c. 185a. Notwithstanding anything contained in this Act the maximum duty on table ware of china, porcelain or other white clay, when imported under the British preferential tariff, shall be fifteen per cent ad valorem 15 p. c. 186. Baths, tubs and wash-stands of earthenware, stone, cement or clay, or of other material, n.o.p., thirty per cent ad valorem 30 p. c. 187. Cement, Portland and hydraulic or water lime, in barrels or casks, the weight of the package to be included in the weight for duty, twelve and one-half cents per one hun- dred pounds; in bags, twelve and one-half cents per one hundred pounds together 12^c. p. 100 with twenty-five per cent ad valorem on the lb. bag 25 p. c. 188. Plaster of paris, or gypsum, ground, not cal- cined, fifteen per cent ad valorem 15 p. c. 189. Plaster of paris, or gypsum, calcined or manufactured, the weight of the package to be included in the weight for duty, twelve and one-half cents per one hundred 12k\ p. 100 pounds lb. 190. Lithographic stones, not engraved, twenty per cent ad valorem 20 p. c. 191. Grindstones, not mounted, and not less than thirty-six inches in diameter, fifteen per cent ad valorem 15 p. c. 192. Grindstones, n.e.s., twenty-five per cent ad valorem 25 p. c. 850 193. R.S., 1906. 35 p. c 30 p. c 25 p. c 30 p. c. 25 p. c. 30 p. c. Customs Tariff. Chap. 49. 25 193. Flagstone, sandstone and all building stone, not hammered or chiselled ; and marble and granite, rough, not hammered or chisel- led, fifteen per cent ad valorem 15 p. c. 194. Marble and granite, sawn only ; flagstone and all other building stone, dressed; and pav- ing blocks of stone, twenty per cent ad valorem 20 p. c. 195. Marble and granite, n.e.s., and all manufac- tures of marble or granite, n.o.p., thirty- five per cent ad valorem 196. Manufactures of stone, n.o.p., thirty per cent ad valorem 197. Roofing slate, twenty-five per cent ad va- lorem ; provided that the duty shall not exceed seventy-five cents per square 198. Slate mantels and other manufactures of slate, n.e.s., thirty per cent ad valorem. . . 199. Slate pencils and school writing slates, twenty-five per cent ad valorem 200. Mosaic flooring of any material, thirty per cent ad valorem Glass and Glassware. 201. Plain coloured, opaque, stained or tinted, or muffled glass in sheets, 20 per cent ad valorem 20 p. c. 201a. Common and colourless window glass, fif- teen per cent ad valorem 15 p. c. 201 b. Notwithstanding anything contained in this Act, the maximum duty on common and colourless window glass, when imported under the British preferential tariff, shall be seven and a half per cent ad valorem. . 74- p. c. 202. Ornamental, figured, and enamelled coloured glass, vitrified or painted, chipped, figured, enamelled and obscured white glass ; stained glass windows and memorial or ornamental window glass, n.o.p., and rough rolled plate glass, thirty per cent ad valorem 30 p. c. 203. Plate glass, not bevelled, in sheets or panes not exceeding seven square feet each, n.o.p., ten per cent ad valorem 10 p. c. 203a. Plate glass, not bevelled, in sheets or panes exceeding seven square feet each, and not exceeding twenty-five square feet each, n.o.p., twenty-five per cent ad valorem. . . 25 p. c. 204. Plate glass, not bevelled, in sheets or panes, n.e.s., thirty-five per cent ad valorem. ... 35 p. c. 54£ 851 205. R.S., 1906. 26 Chap. 49. Customs Tariff. 205. Plate glass, bevelled, in sheets or pane-, n.o.p., thirty-five per cent ad valorem. ... 35 p. c. 200. Silvered glass, bevelled or aot, and framed or not, thirty-five per cent ad valorem 35 p. c. 207. German Looking-glass plate, (thin plate), un- silvered <>r for silvering, twenty per cent ad valorem 20 p.-C. 208. Glass demijohns or carboys, empty or rilled, bottles, decanters, flasks, phials, glass jars and glass balls, lamp chimneys, glass shades or globes, cut, pressed or moulded crystal or glass tableware, decorated or not, and blown glass tableware, thirty per cent ad valorem 30 p. c. 209. Bent plate or other sheet glass, and all other glass, and manufactures of glass, n.o.p., twenty per cent ad valorem 20 p. c. 210. Spectacles and eye glasses, thirty per cent ad valorem 30 p. c. 211. Spectacle and eye-glass frames, and metal parts thereof, twenty per cent ad valorem. 20 p. c. Leather, Rubber and Manufactures of. 212. Dongola, cordovan, calf, sheep, lamb, kid or goat, kangaroo, alligator, or other upper leather, and all leather, dressed, waxed, glazed or further finished than tanned, n.e.s. ; harness leather, and chamois skin, seventeen and one-half per cent ad valorem 17£ p. c. 213. Skins for morocco leather, tanned but not further manufactured; sole leather, and belting leather of all kinds ; tanners' scrap leather; and leather and skins, n.o.p., fif- teen per cent ad valorem 15 p. c. 214. Glove leathers, tanned or dressed, coloured or uncoloured, when imported by glove manufacturers for use in their own fac- tories in the manufacture of gloves, ten per cent ad valorem '. 10 p. c. 215. Japanned, patent or enamelled leather, and morocco leather, twenty-five per cent ad valorem 25 p. c. 216. Leather-board, leatheroid, and manufactures thereof, n.o.p., twenty-five per cent ad valorem 25 p. c. 217. Whips of all kinds, including thongs and lashes, thirty-five per cent ad valorem. ... 35 p. c. 218. Belting of leather or other material, n.e.s., twenty per cent ad valorem 20 p. c. 852 219. R.S., 1906. Customs Tariff. Chap. 49. 27 219. Boots and shoes, and slippers, of any mate- rial, n.e.s., twenty-five per cent ad valorem. 25 p. c. 220. Manufactures of raw hide, and all manufac- tures of leather, n.o.p., twenty-five per cent ad valorem 25 p. c. 221. India-rubber boots and shoes ; rubber belting, rubber cement and all manufactures of india-rubber and gutta percha, n.o.p., twenty-five per cent ad valorem 25 p. c. 222. India-rubber clothing and clothing made waterproof with india-rubber, rubber or gutta percha hose, and cotton or linen hose lined with rubber, rubber mats or matting, and rubber packing, thirty-five per cent ad valorem 35 p. c. Metals and Manufactures of. 223. Iron or steel scrap, wrought, being waste or refuse, including punchings, cuttings or clippings of iron or steel plates or sheets having been in actual use ; crop ends of tin plate bars, or of blooms, or of rails, the same not having been in actual use, one dollar per ton $1 p. ton. Nothing shall be deemed scrap iron or scrap steel except waste or refuse iron or steel fit only to be re-manufactured in roll- ing mills. 224. Iron in pigs, iron kentledge, and cast scrap iron, two dollars and fifty cents per. ton. . $2.50 p. ton. 225. Ferro-silicon, ferro-manganese, and spiegel- eisen, five per cent ad valorem 5 p. c. 226. Iron or steel ingots, cogged ingots, blooms, slabs, billets, puddled bars and loops or other forms, n.o.p., less finished than iron or steel bars but more advanced than pig- iron, except castings, two dollars per ton. $2 p. ton. 227. Rolled iron or steel angles, tees, beams, chan- nels, girders and other rolled shapes or sec- tions, weighing less than thirty-five pounds per lineal yard, not punched, drilled or further manufactured than rolled, n.o.p., seven dollars per ton $7 p. ton. 228. Rolled iron or steel angles, tec-, beams, chan- nels, joists, girders, zees, stars or other rolled shapes, or trough, bridge building or structural rolled sections or shapes, not punched, drilled or further manufactured than rolled, n.e.s., and flat eye-har blanks 853 not R.S., 1906. 28 Chap. 49. Customs Tariff. not punched or drilled, ten per cent ad valorem 10 p. c. 229. Bar iron or steel, rolled, whether in coils, rods, bars or bundles, comprising rounds, ovals and squares, and tlats ; and rolled shapes, n.o.p. ; and rolled iron or steel hoop, band, scroll or strip, eight inches or less in width, number eighteen gauge and thicker, n.e.s., seven dollars per ton $7 p. ton. 230. Universal mill or rolled edge bridge plates of steel when imported by manufacturers of bridges, ten per cent ad valorem 10 p. c. 231. Rolled iron or steel plates not less than thirty inches in width, and not less than one- quarter of an inch in thickness, n.o.p., ten per cent ad valorem 10 p. c. 232. Rolled iron or steel sheets or plates, sheared or unshearcd, and skelp iron or steel, sheared or rolled in grooves, n.e.s., seven dollars per ton $7 p. ton. 233. Skelp iron or steel, sheared or rolled in grooves, when imported by manufacturers of wrought iron or steel pipe for use only in the manufacture of wrought iron or steel pipe in their own factories, five per cent ad valorem 5 p. c. 234. Rolled iron or steel sheets number seventeen gauge, and thinner, n.o.p.; Canada plates; Russia iron; flat galvanized iron or steel sheets, terne plate, and rolled sheets of iron or steel coated with zinc, spelter or other metal, of all widths or thicknesses, n.o.p., and rolled iron or steel hoop, band, scroll or strip, thinner than number eighteen gauge, n.e.s., five per cent ad valorem 5 p. c* 235. Chrome steel, fifteen per cent ad valorem. . 15 p. c. 236. Steel, in bars, bands, hoops, scroll or strips, sheets or plates, of any size, thickness or width, when of greater value than two and one-half cents per pound, n.o.p., five per cent ad valorem 5 p. c. 237. Swedish rolled iron and Swedish rolled steel nail rods under half an inch in dia- meter for the manufacture of horse-shoe nails, fifteen per cent ad valorem 15 p. c. 238. Iron and steel railway bars or rails, in any form, for railways, seven dollars per ton. . $7 p. ton. 239. Railway fish plates and tie plates, eight dollars per ton $8 p. ton. 854 240. R.S., 1906. Customs Tariff. Chap. 49. 29 240. Switches, frogs, crossings and intersections for* railways, thirty per cent ad valorem . . 30 p. c. 241. Locomotives for railways, n.e.s., thirty-five per cent ad valorem 35 p. c. 242. Iron or steel bridges, or parts thereof; iron or steel structural work, columns, shapes or sections, drilled, punched or in any fur- ther stage of manufacture than as rolled or cast, n.e.s., thirty-five per cent ad valorem. 35 p. c. 243. Forgings of iron or steel of whatever shape or size or in whatever stage of manufac- ture, n.e.s. ; and steel shafting, turned, compressed, or polished ; and hammered iron or steel bars or shapes, n.o.p., thirty per cent ad valorem 30 p. c. 244. Iron or steel castings, in the rough, n.e.s., twenty-five per cent ad valorem 25 p. c. 245. Stove plates, stoves of all kinds, for oil, gas, coal or wood, or parts thereof, and sad or smoothing, hatters' and tailors' irons, plated wholly or in part, or not, twenty- five per cent ad valorem 25 p. c. 246. Springs, axles, axle bars, n.e.s., and axle blanks, and parts thereof, of iron or steel, for railway or tramway, or other vehicles, thirty-five per cent ad valorem 35 p. c. 247. Cart or wagon skeins or boxes, thirty per cent ad valorem 30 p. c. 248. Cast iron pipe of every description, eight dollars per ton $8 p. ton. 249. Wrought iron or steel boiler tubes, n.e.s., in- cluding flues and corrugated tubes for marine boilers, five per cent ad valorem. . 5 p. c. 250. Tubes of rolled steel, seamless, not joined or welded, not more than one and one-half inch in diameter ; and seamless steel tubes for bicycles, ten per cent ad valorem 10 p.c. 251. Wrought iron or steel tubing, plain or gal- vanized, threaded and coupled or not, over two inches in diameter, n.e.s., fifteen per cent ad valorem 15 p. c. 25.2. Wrought iron or steel tubing, plain or gal- vanized, threaded and coupled or not, two inches or less in diameter, n.e.s., thirty-five per cent ad valorem 35 p. c. 253. Other iron or steel pipe or tubing, plain or galvanized, riveted, corrugated or other- wise specially manufactured, n.o.p., thirty per cent ad valorem 30 p. c. 855 254. R.S., 1906. 30 Chap. 49. Customs Tariff. 251. Iron or steel fittings for iron or steel pipe, of every description, and chilled iron or steel rolls, thirty per cent ad valorem 30 p. c. 255. Iron or steel cut nails and spikes, (ordinary builder's) ; and railroad spikes, one-half of one cent per pound -Jc. per lb. 256. Wrought and pressed nails and spikes, trunk, clout, coopers', cigar box, Hungarian, horse- shoe, and other nails, n.e.s. ; horse, mule and ox shoes, thirty per cent ad valorem. . 30 p. c. 257. Wire nails of all kinds, n.o.p., three-fifths of one cent per pound. fc. per lb. 258. Composition nails and spikes and sheathing nails, fifteen per cent ad valorem 15 p. c. 259. Iron or steel shoe tacks, and ordinary cut tacks, leathered or not, brads, sprigs and shoe nails, double pointed tacks, and other tacks of iron and steel, n.o.p., thirty-five per cent ad valorem 35 p. c. 260. Screws, commonly called ' wood screws,' of iron or steel, brass or other metal, includ- ing lag or coach screws, plated or not, and machine or other screws, n.o.p., thirty-five per cent ad valorem 35 p. c. 261. Coil chain, coil chain links, and chain shackles, of iron or steel, five-sixteenths of an inch in diameter and over, five per cent ad valorem 5 p. c. 263. Buckthorn strip fencing, woven wire fencing, and wire fencing: of iron or steel, n.e.s., fifteen per cent ad valorem. 15 p. c. 261. Wire, single or several, covered with cotton, linen, silk, rubber or other material, in- cluding cable so covered, n.e.s., thirty per cent ad valorem 30 p. c. 265. Brass wire, plain, ten per cent ad valorem. . 10 p. c. 266. Copper wire, plain, tinned or plated, fifteen per cent ad valorem 15 p. c. 267. Wire cloth, or woven wire of brass or copper, twenty-five per cent ad valorem 25 p. c. 268. Wire of all metals and kinds, n.o.p., twenty per cent ad valorem 20 p. c. 269. Wire rope, stranded or twisted wire, clothes line, picture or other twisted wire and wire cable, n.e.s., twenty-five per cent ad va- lorem 25 p. c. 270. Wire cloth or wove wire, and wire netting, of iron or steel, thirty per cent ad valorem. 30 p. c. 271. Needles, of any material or kind, and pins manufactured from wire of any metal, n.o.p., thirty per cent ad valorem 30 p. c. 856 272. R.S., 1906. Customs Tariff. Chap. 49. 31 272. Lead, old, scrap, pig and block, fifteen per cent ad valorem 15 p. c. 273. Lead, in bars, and in sheets, twenty-five per cent ad valorem 25 p. c. 274. Lead pipe, lead shot and lead bullets, thirty- ' five per cent ad valorem 35 p. c. 275. Lead, manufactures of, n.o.p., thirty per cent ad valorem 30 p. c. 276. Brass and copper nails, tacks, rivets and burrs or washers ; bells and gongs, n.e.s., and all manufactures of brass or copper, n.o.p., thirty per cent ad valorem 30 p. c. 277. Zinc, manufactures of, n.o.p., twenty-five per cent ad valorem 25 p. c. 278. Nickel anodes, ten per cent ad valorem. ... 10 p. c. 279. Iron or steel nuts, washers, rivets, and bolts, with or without threads, and nut, bolt and hinge blanks, and T and strap hinges of all kinds, n.e.s., three-quarters of one cent per pound and twenty-five per cent ad fc. p. lb. and valorem 25 p. c. 280. Builders', cabinet-makers', upholsterers', har- ness-makers', saddlers', and carriage hard- ware, including butt-hinges, locks, curry combs or curry cards, horse-boots, harness and saddlery, n.e.s., thirty per cent ad valorem 30 p. c. 281. Skates of all kinds, roller or other, and parts thereof, thirty-five per cent ad valorem. . . 35 p. c. 282. Gas meters, thirty-five per cent ad valorem. 35 p. c. 283. Safes, doors for safes and vaults ; scales, balances, weighing beams, and strength testing machines of all kinds, thirty per cent ad valorem 30 p. c. 284. Carvers, knives and forks of steel, butcher and table steels, oyster, bread, kitchen, cooks', butcher, shoe, farrier, putty, hack- ing and glaziers' knives, cigar knives, spatulas or palette knives, razors, erasers or office knives pen, pocket, pruning, sports- men's or hunters' knives, manicure files, scissors, trimmers : barbers', tailors' and lamp shears, horse and toilet clippers, and all like cutlery, plated or not, n.o.p., — when any of the above articles are imported in cases or cabinets, the cases or cabinets shall be dutiable at the same rate as their con- tents, — thirty per cent ad valorem 30 p. c. 285. Knife blades or blanks, and table forks of iron or steel in the rough, not handled, 857 filed, R.S., 1906. 32 Chap. 49. Customs Tariff. filed, ground or otherwise manufactured, ten per cent ad valorem 10 p. c. 2S6. Celluloid, moulded into sizes for handles of knives and forks, not bored or otherwise manufactured; also, moulded celluloid balls and cylinders, coated with tin-foil or not, but not finished or further manufactured, and celluloid lamp shade blanks, ten per cent ad valorem 10 p. c. 287. Bird, parrot, squirrel and rat cages, of wire, and metal parts thereof, thirty-five per cent ad valorem 35 p. c. 258. Files and rasps, n.e.s., thirty per cent ad valorem 30 p c. 259. Adzes, cleavers, hatchets, saws, wedges, sledges, hammers, crow-bars, cant-dogs and track tools ; picks, mattocks, and eyes or poles for the same ; anvils, vises ; and tools, of all kinds, for hand or for machine use, including shoemakers' and tinsmiths' tools or bench machines, n.o.p., thirty per cent ad valorem 30 p. a 290. Axes, scythes, sickles or reaping hooks, hay or straw knives, hedging knives, hoes, rakes, pronged forks, snaths, farm, road or field rollers, post hole diggers, and other agricul- tural implements, n.e.s., twenty-five per cent ad valorem 25 p. c. 291. Shovels and spades, iron or steel, n.e.s. ; shovel and spade blanks, and iron or steel cut to shape for the same; and lawn mow- ers, thirty-five per cent ad valorem 35 p. c. 292. Britannia metal, nickel silver, Nevada and German silver, manufactures of, not plated, and manufactures of aluminum, n.o.p., twenty-five per cent ad valorem 25 p. e. 293. Sterling or other silverware, nickel-plated ware, gilt or electro-plated ware, wholly or in part, of all kinds, n.e.s., thirty per cent ad valorem 30 p. c. 294. Telephone and telegraph instruments, elec- tric and galvanic batteries, electric motors, dynamos, generators, sockets, insulators of all kinds; and electric apparatus, n.e.^., twenty-five per cent ad valorem 25 p. c. 295. Electric light carbons and carbon points, of all kinds, n.e.s., thirty-five per cent ad valorem 35 p. c. 296. Carbons over six inches in circumference, fifteen per cent ad valorem 15 p. c. 858 297. R.S., 1906. Customs Tariff. Chap. 49. 33 297. Lamps, side-lights and head-lights, lanterns, chandeliers, gas, coal or other oil fixtures and electric light fixtures, or metal parts thereof, including lava or other tips, burn- ers, collars, galleries, shades and shade holders, thirty per cent ad valorem 30 p. c. 298. Lamp springs, and glass bulbs for electric lights, ten per cent ad valorem 10 p. c. 299. Babbit metal, type metal, phosphor tin and phosphor bronze in blocks, bars, plates sheets and wire, ten per cent ad valorem . 10 p. c. 300. Type for printing, including chases, quoins and slugs, of all kinds, twenty per cent ad valorem 20 p. c. 301. Plates engraved on wood, steel or other metal, and transfers taken from the same, includ- ing engravers' plates of steel, polished, en- graved or for engraving thereupon, twenty per cent ad valorem 20 p. c. 302. Stereotypes, electrotypes and celluloids for almanacs, calendars, illustrated pamphlets, newspaper advertisements or engravings, and all other like work for commercial, trade or other purposes, n.e.s., and matrices or copper shells for the same, one and one- half cent per square inch l|c. p. sq. in. 303. Stereotypes, electrotypes and celluloids of newspaper columns, and bases for the same, composed wholly or partially of metal or celluloid, one-fourth of one cent per square inch ^c. p. sq. in. And matrices or copper shells for the same, one and one-half cent per square inch .... He. p. sq. in. 304. Clothes wringers for domestic use, and parts thereof, thirty-five per cent ad valorem. . . 35 p. c. 305. Buckles of iron, steel, brass or copper, of all kinds, n.o.p., (not being jewellery), thirty per cent ad valorem 30 p. c. 306. Guns, rifles, including air guns and air rifles not being toys, muskets, cannons, pistols, revolvers, or other firearms; cartridge cases, cartridges, primers, percussion caps, wads, or other ammunition, n.o.p. ; bayon swords, fencing foils and masks; gun or pistol covers or cases, game bags, loading tools and cartridge belts of any material, thirty per cent ad valorem 30 p. c. 307. Agate, granite or enamelled iron or steel hollowware, thirty-five per cont ad valorem. 35 p.o. 859 308. R.S., 1906. 34 Chap. 49. Customs Tariff. 308. Enamelled iron or steel ware, n.e.s. ; iron or steel hollow-ware, plain black, tinned or coated; and nickel and aluminum kitchen or household hollowware, n.e.s., thirty per cent ad valorem 30 p. c. 309. Tinware, plain, japanned or lithographed, and all manufactures of tin, n.e.s., and manufactures of galvanized sheet iron or of galvanized sheet steel, n.o.p., twenty- five per cent ad valorem 25 p. c. 310. Signs, of any material, framed or not; and letters of any material for signs or similar use, thirty per cent ad valorem 30 p. c. 311. Fire engines and fire extinguishing machines, including sprinklers for fire protection, thirty-five per cent ad valorem 35 p. c. 312. Brass pumps of all kinds, and garden or lawn sprinklers, thirty per cent ad valorem. ... 30 p. c. 313. Printing presses, n.e.s., printing machines, lithographic presses and type-making acces- sories therefor; folding machines, book- binders' book-binding, ruling, embossing and paper cutting machines, and parts thereof, ten per cent ad valorem 10 p. c. 314. Sewing-machines, and parts thereof, thirty per cent ad valorem 30 p. c. 315. Steam engines, boilers, ore crushers and rock crushers, stamp mills, Cornish and belted rolls, rock drills, air compressors, cranes, derricks, percussion coal cutters, pumps, n.e.s., windmills, horse-powers, portable en- gines, threshers, separators, fodder or feed cutters, potato diggers, grain crushers, fan- ning mills, hay tedders, farm wagons, slot machines and typewriters, and all ma- chinery composed wholly or in part of iron or steel, n.o.p., twen ty-.fi ve per cent ad valorem 25 p. c. 316. Machine card clothing, twenty-five per cent ad valorem 25 p. c. 317. Mould boards or shares, or plough plates, land sides, and other plates for agricul- tural implements, when cut to shape from rolled plates of steel but not moulded, punched, polished or otherwise manufac- tured, five per cent ad valorem 5 p. c. 318. Mowing machines, harvesters self-binding or without binders, binding attachments, reapers, cultivators, ploughs, harrows, horse-rakes, seed drills, manure spreaders, 860 weeders, E.S., 1906. Customs Tariff. Chap. 49. 35 weeders, and malleable sprocket or link belting chain for binders, twenty per cent ad 'valorem 20 p. c. 319. Trawls, trawling spoons, fly hooks, sinkers, swivels, and sportsmen's fishing bait, and fish hooks, n.e.s., thirty per cent ad va- lorem 30 p. c. 320. Patterns of brass, iron, steel or other metal (not being models), thirty per cent ad valorem 30 p. c. 321. Manufactures, articles or wares not specially enumerated or provided for, composed wholly or in part of iron or steel, and whether wholly or partly manufactured, thirty per cent ad valorem 30 p. c. Vehicles. 322. Freight wagons, drays, sleighs and similar vehicles, twenty-five per cent ad valorem. . 25 p. c. 323. Buggies, carriages, pleasure carts and similar vehicles, n.e.s., including cutters, child- ren's carriages and sleds, and finished parts thereof, n.o.p., thirty-five per cent ad valorem: Provided that for duty purposes the minimum value of an open buggy shall be forty dollars and the minimum value of a covered buggy shall be fifty dollars. ... 35 p. c. 324. Railway cars, (or other cars), wheelbarrows, trucks, road or railway scrapers and hand carts, thirty per cent ad valorem 30 p. c. 325. Bicycles and tricycles, thirty per cent ad valorem 30 p. c. Manufactures of Wood, Cane, Cork. 326. Cane, reed or rattan, split or otherwise manu- factured, n.o.p., fifteen per cent ad valorem 15 p. c. 327. Corks, and other manufactures of cork wood or cork bark, n.o.p., twenty per cent ad valorem 20 p. c. 328. Sawed boards, planks and deals planed or dressed on one or both sides, when the edges thereof are jointed or tongued and grooved, twenty-five per cent ad valorem 25 p. c. 329. Lumber and timber, manufactured, n.e.s., twenty per cent ad valorem 20 p. c. 330. Churns, brooms and whisks, wash-boards, pounders and rolling pins, twenty per cent ad valorem 20 p. c. 861 331. R.S., 1906. 36 Chap. 49. Customs Tariff. 331. Veneers of wood, not over three thirty- seconds of an inch in thickness, seven and one-half per cent ad valorem 7^ p. c. 332. Mouldings of wood, plain, gilded or other- wise further manufactured, twenty-five per cent ad valorem 25 p. c. 333. Wood pulp, twenty-five per cent ad valorem. 25 p. c. 334. Manufactures of wood, ri.o.p., twenty-five per cent ad valorem 25 p. c. 335. Fishing rods, walking sticks and walking canes, of all kinds, n.e.s., thirty per cent ad valorem 336. Picture frames and photograph frames, of any material, thirty per cent ad valorem. . 337. Umbrella, parasol and sunshade sticks or handles, n.e.s., twenty per cent ad valorem 338. Coffins and caskets, and metal parts thereof, twenty-five per cent ad valorem 339. Show-cases, of all kinds, and metal parts thereof, thirty-five per cent ad valorem. . . 340. Billiard tables with or without pockets and bagatelle tables or boards, cues, balls, cue- racks and cue-tips, thirty-five per cent ad valorem 341. Vulcanized fibre, kartavert, indurated fibre, and like material, and manufactures of, n.e.s., twenty-five per cent ad valorem. . . . 342. Blinds of wood, metal or other material, not textile or paper, thirty per cent ad va- lorem 343. House, office, cabinet or store furniture of wood, iron or other material, in parts or finished ; wire screens, wire doors and wire windows; cash registers; window cornices and cornice poles of all kinds ; hair, spring and other mattresses, bolsters and pillows, including furniture springs and carpet sweepers, thirty per cent ad valorem. ... 30 p. c. 344. Window shade or blind rollers, thirty-five per cent ad valorem 35 p. c. Jewellery and Material therefor, Etc. 345. Watch cases, thirty per cent ad valorem. ... 30 p. c. 346. Clocks, watches, watch glasses, clock and watch keys, and clock movements, twenty- five per cent ad valorem 25 p. c. 347. Watch actions and movements, ten per cent ad valorem 10 p. c. 348. Precious stones, n.e.s., polished, but not set, pierced or otherwise manufactured, and imitations thereof, ten per cent ad valorem. 10 p. c. 862 349. R.S., 1906. 30 p. c 30 p. c 20 p. c 25 p. c 35 p. c 35 p. c 25 p. c 30 p. c Customs Tariff. Chap. 49. 37 349. Composition metal for the manufacture of jewellery and filled gold watch cases, ten per cent ad valorem 10 p. c. 350. Jewellery, for the adornment of the person, including hat pins, hair pins, belt or other buckles, and similar personal ornamental articles commercially known as jewellery, n.o.p., and all manufactures of gold and silver, n.e.s., thirty per cent ad valorem. . 30 p. c. 351. Fancy writing desks, fancy cases for jewel- lery, watches, silverware, plated ware and cutlery ; glove, handkerchief and collar boxes or cases, brush or toilet cases, and all fancy cases for similar fancy articles, of any material; fans, dolls and toys of all kinds ; ornaments of alabaster, spar, amber, terra cotta or composition; statuettes and bead ornaments, n.e.s., thirty-five per cent ad valorem 35 p. c. 352. Gold, silver and aluminum leaf, Dutch or schlag metal leaf ; brocade and bronze pow- ders and gold liquid paint, twenty-five per cent ad valorem 25 p. c. Minerals. 353. Asbestos in any form other than crude, and all manufactures thereof, twenty-five per cent ad valorem 25 p. c. 354. Plumbago, not ground or otherwise manufac- tured, ten per cent ad valorem 10 p. c. 355. Plumbago, ground, and manufactures of, n.e.s., and foundry facings of all kinds, twenty-five per cent ad valorem 25 p. c. Musical Instruments. 356. Pianofortes, organs and musical instruments of all kinds, thirty per cent ad valorem. . . 30 p. c. 357. Brass band instruments, parts of pianofortes and parts of organs, twenty-five per cent ad valorem 25 p. c. Provided that musical instrument cases shall be dutiable at the same rate as their contents when imported containing (he in- struments. Textiles, Hats, Furs, Etc. 358. Cotton batts, batting and sheet wadding, cotton warps and cotton yarns, dyed or not, n.e.s., twenty-five per. cent ad valorem. ... 25 p. c. 863 359. R.S., 1906. 38 Chap. 49. Customs Tariff. 359. Cotton fabrics, white or gray, bleached or un- bleached, n.o.p., twenty-five per cent ad valorem 25 p. c. 360. Cotton fabrics, printed, dyed or coloured, n.o.p., thirty-five per cent ad valorem. ... 35 p. c. 361. Damask of linen, stair linen, diaper, nap- kins, doylies, table and tray cloths, sheet-, quilts, towels, and like articles of linen or cotton, or of linen and cotton combined, made up or not, n.o.p., thirty per cent ad valorem 30 p. c. 362. Embroideries, n.e.s., laces, braids, fringes, cords, elastic, round or flat; garter elastic, tassels and bracelets, n.o.p., braids, chains, cords, or other manufactures of hair, n.e.s. ; handkerchiefs of all kinds ; lace collars and all similar lace goods ; lace nets and net- tings of cotton, linen, silk or other mate- rial ; shams, curtains, when made up, trimmed or untrimmed ; regalia, badges ' and belts of all kinds, n.o.p. ; linen, silk and cotton clothing, and all other articles made up by the seamstress from linen or cotton fabrics, n.o.p., corsets of all kinds, corset claps, busks, blanks and steels, and covered corset wires, cut to lengths, tipped or untipped, thirty-five per cent ad va- lorem 35 p. c. 363. White cotton embroideries, twenty-five per cent ad valorem 25 p. c. 364. Jeans, sateens and coutils, when imported by corset and dress stay makers for use in the manufacture of such articles in their own factories, twenty per cent ad valorem 20 p. c. 365. Collars and cuffs, of cotton, linen, xylonite, xyolite or celluloid, thirty-five per cent ad valorem 35 p. c. 366. Shirts of any material, and ladies' or misses' blouses and shirt waists, thirty-five per cent ad valorem 35 p. c. 367. Crapes, black, twenty per cent ad valorem. . 20 p. c. 368. Velvets, velveteens, silk velvets, plush and silk fabrics, thirty per cent ad valorem. . . 30 p. c. 368a. Silk fabrics, when imported by manufac- turers of neckties for use exclusively in the manufacture of neckties in their own fac- tories under regulations to be made by the Minister of Customs, ten per cent ad va- lorem 10 p. c. 864 369. R.S., 1906. Customs Tariff. Chap. 49. 39 369. Ribbons of all kinds and materials, and manufactures of silk or of which silk is the component part of chief value, n.e.s., thirty- five per cent ad valorem 35 p. c. 370. Cotton sewing thread in hanks, three and six cord, fifteen per cent ad valorem 15 p. c. 371. Cotton sewing thread and crochet cotton, on spools or tubes or in balls, and all other cotton thread, n.e.s., twenty-five per cent ad valorem 25 p. c. 372. Silk in the gum, or spun, not more advanced than singles, tram and thrown organzine, not coloured, fifteen per cent ad valorem. . 15 p. c. 373. Sewing and embroidery silk, and silk twist, twenty-five per cent ad valorem 25 p. c. 374. Jute cloth, uncoloured, not otherwise finished than bleached or calendered, ten per cent ad valorem 10 p. c. 375. Horse clothing of jute, shaped or otherwise manufactured, thirty per cent ad valorem . 30 p. c. 376. All manufactures of hemp, flax or jute, n.e.s., or of flax, hemp and jute combined, twenty-five per cent ad valorem 25 p. c. 377. Bags or sacks of hemp, linen or jute, and cotton seamless bags, twenty per cent ad valorem 20 p. c. 378. Felt, pressed, of all kinds, not filled or cov- ered by or with any woven fabric, twenty per cent ad valorem 20 p. c. 379. Hair-cloth of all kinds, thirty per cent ad valorem 30 p. c. 380. Sails for boats and ships, twenty-five per cent ad valorem 25 p. c. 381. Cloths, not rubbered or made water-proof, whether of wool, cotton, unions, silk or ramie, sixty inches or over in width and weighing not more than seven ounces to the square yard, when imported exclusively for the manufacture of mackintosh clothing, under regulations to be adopted by the Governor in Council, fifteen per cent ad valorem 15 p. c. 382. Featlierbone, plain or covered, in coils, twenty per cent ad valorem 20 p. c 383. Stockinettes for the manufacture of rubber boots and shoes, when imported by manu- facturers of rubber boots and shoes, for use exclusively in the manufacture thereof in their own factories, fifteen per cent ad valorem 1 5 p. c. 55 865 384. R.S., 1906. 40 Chap. 49. Customs Tariff. 384. Cotton duck, gray or white, n.e.s., twenty- two and one-half per cent ad valorem. . . . 22 h p. c. 385. Oiled silk and oiled cloth, and tape or other textile india-rubbered, nocked or coated, n.o.p., thirty per cent ad valorem 30 p. c. 386. Women's and children's dress goods, coat lin- ings, italian cloths, alpacas, Orleans, cash- meres, henriettas, serges, buntings, nun's cloth, bengalines, whip cords, twills, plains or jacquards of similar fabrics, composed wholly or in part of wool, worsted, the hair of the camel, alpaca, goat or like animal, not exceeding in weight six ounces to the square yard, when imported in the gray or unfinished state for the purpose of being dyed or finished in Canada, under such regulations as are established by the Gov- ernor in Council, twenty-five per cent ad valorem 25 p. c. 387. Socks and stockings of all kinds, thirty-five per cent ad valorem 35 p. c. 388. Knitted goods, n.e.s., undershirts and draw- ers, and hosiery of all kinds, n.e.s., thirty- five per cent ad valorem 35 p. c. 389. Shawls of all kinds ; railway or travelling rugs and lap dusters of all kinds, thirty per cent ad valorem 30 p. c. 390. Wool, viz. : Leicester, Cotswold, Lincolnshire, Southdown combing wools, or wools known as lustre wools and other like combing wools, such as are grown in Canada, three cents per pound 3c. per lb. 391. Worsted tops made from such wools as are mentioned in the last preceding item, fifteen per cent ad valorem 15 p. c. 392. Yarns, woollen and worsted, n.e.s., thirty per cent ad valorem 30 p. c. 393. Yarns, composed wholly or in part of wool, worsted, the hair of the alpaca, goat or like animal, costing thirty cents per pound and over, when imported on the cop or tube or in the hank by manufacturers of woollen goods for use in their products, twenty per cent ad valorem 20 p. c. 394. Fabrics, manufactures, wearing apparel and ready-made clothing, composed wholly or in part of wool, worsted, the hair of the alpaca, goat or other like animal, n.e.s. ; blankets, bed-comforters, or counterpanes, 866 flannels, R.S., 1906. Customs Tariff. Chap. 49. 41 flannels, cloths, doe-skins, cassimeres, tweeds, coatings, overcoatings and felt cloth, n.e.s., thirty-five per cent ad valorem. 35 p. c. 394a. Notwithstanding anything contained in this Act the minimum duty on the following articles when imported under the British preferential tariff shall be as follows: — Fabrics, manufactures, (not including blankets, bed-comforters, counterpanes or flannels), wearing apparel and ready-made clothing, composed wholly or in part of wool, worsted, the hair of the alpaca, goat or other like animal, n.e.s. ; cloths, doe- skins, cassimeres, tweeds, coatings, over- coatings and felt cloth, n.e.s. ; thirty per cent ad valorem 395. Mats, door or carriage, n.e.s., thirty-five per cent ad valorem 396. Carpeting, rugs, mats and matting of cocoa, straw, hemp or jute; carpet linings and stair pads, twenty-five per cent ad valorem. 397. Turkish or imitation Turkish or other rugs , or carpets; and carpets, n.e.s., thirty-five per cent ad valorem 398. Enamelled carriage, floor, shelf and table oil-cloth, linoleum, and cork matting or car- pets, thirty per cent ad valorem 399. Window shades in the piece or cut and hem- med or mounted on rollers, n.e.s., thirty- five ner cent ad valorem 400. Webbing, elastic and non-elastic, twenty per cent ad valorem 401. Umbrellas, parasols and sunshades of all kinds and materials, thirty-five per cent ad valorem 402. Gloves and mitts, of all kinds, thirty-five per cent ad valorem 403. Hats, caps and bonnets, n.e.s., and hat, cap and bonnet shapes, thirty per cent ad valorem 404. Braces or suspenders, and metal parts there- of, thirty-five per cent ad valorem 405. Boot, shoe and stay laces of any material, thirty per cent ad valorem 406. Fur skins, wholly or partially dressed, fifteen per cent ad valorem 407. Caps, hats, muffs, tippets, capes, coats, cloaks and other manufactures of fur, n.o.p., thirty per cent ad valorem 55£ 867 R.S., 1906. 30 P- c. 35 P- c. 25 P« c. 35 P- c. 30 P- c. 35 P- c. 20 P- c. 35 P- c. 35 P- c. 30 P- c. 35 P- c. 30 P- c. 15 P. c. 30 p. c. 408, 42 Chap. 49. Customs Tariff. 408. Church vestments of any material, twenty per cent ad valorem 20 p. c. Sundries. 110. Canoes, skiffs, or open pleasure sail-boats, of any material, twenty-five per cent ad valorem 25 p. c. 411. Canvas, and sail twine of hemp and flax, when to be used for boats' and ships' sails, five per cent ad valorem 5 p. c. 412. Blasting and mining powder, two cents per pound 2c. per lb. 413. Cannon, musket, rifle, gun and sporting pow- der and canister powder, three cents per pound , 3c. per lb. 414. Nitro-glycerine, giant powder, nitro and other explosives, three cents per pound ... 3c. per lb. 415. Glycerine, when imported by manufacturers of explosives, for use in the manufacture thereof in their own factories, ten per cent ad valorem 10 p. c. 416. Torpedoes, firecrackers, and fireworks of all kinds, twenty-five per cent ad valorem. . . 25 p. c. 417. Fertilizers, compounded or manufactured, ten per cent ad valorem 10 p. c. 418. Lamp wicks, twenty-five per cent ad va- lorem 25 p. c. 419. Photographic dry plates, thirty per cent ad valorem 30 p. c. . 420. Emery wheels, and manufactures of emery, twenty-five per cent ad valorem 25 p. c. 421. Lead-pencils, pens, penholders and rulers of all kinds, twenty-five per cent ad valorem. . 25 p. c. 422. Magic lanterns and slides therefor, philo- sophical, photographic, mathematical and optical instruments, n.e.s., cyclometers and pedometers, and tape lines of any material, twenty-five per cent ad valorem 25 p. c. 423. Tobacco pipes of all kinds, pipe mounts, cigar and cigarette cases, cigar and cigar- ette holders, and cases for the same, smokers' sets and cases therefor, and to- bacco pouches, thirty-five per cent ad valorem 35 p. c. 424. Trunks, valises, hat boxes, carpet bags, tool bags or baskets, satchels, reticules, musical instrument , cases, purses, portmanteaux, pocket-books, fly-books, and parts thereof, n.o.p., and baskets of all kinds, thirty per cent ad valorem 30 p. c. 868 425. R.S., 1906. Customs Tariff. Chap. 49. 43 425. Frames, clasps and fasteners for purses and chatelaine bags or reticules not more than seven inches in width, when imported by manufacturers of purses and chatelaine bags or reticules, for use in the manufac- ture thereof, in their own factories, twenty per cent ad valorem 20 p. c. 426. Buttons, viz. : — Pantaloon buttons wholly of metal, and shoe buttons, n.e.s., twenty-five per cent ad valorem 25 p. c. Buttons of all kinds covered or not, n.o.p., including recognition buttons, and cuff or collar buttons (not being jewellery) thirty- five per cent ad valorem 35 p. c. 427. Combs for dress and toilet, including mane combs, of all kinds, thirty-five per cent ad valorem 35 p. c. 428. Brushes, of all kinds, twenty-five per cent ad valorem 25 p. c. 429. Hair, curled or dyed, twenty per cent ad valorem 20 p. c. 430. Artificial flowers, twenty-five per cent ad valorem 25 p. c. 431. Twine and cordage of all kinds, n.e.s., twenty- five per cent ad valorem 25 p. c. 431a. Notwithstanding anything contained in this Act the minimum duty on twine and cord- age of all kinds, n.e.s., when imported Under the British preferential tariff, shall be twenty per cent ad valorem 20 p. c. 432 Rove, when imported for the manufacture of twine for harvest binders, five per cent ad valorem 5 p. c. 434. Hammocks, lawn tennis nets, sportsmen's fish nets, and other articles manufactured of twine, n.o.p., thifty per cent ad valorem. 30 p. c. Sugar, Syrups and Molasses. 435. All sugar above number sixteen Dutch stand- ard in colour, and all refined sugars of whatever kinds, grades or standards, test- ing not more than eighty-eight degrees by the polariscope, one dollar and eight cents per one hundred pounds, and for each additional degree one and one-half cent per one hundred pounds. Fractions of five- tenths of a degree or less not to be subject to duty, and fractions of more than five- tenths to be dutiable as a degree. 869 436. R.S., 1906. 44 Chap. 49. Customs Tariff. 436. Sugar, n.e.s., not above number sixteen Dutch standard in colour, sugar drainings or pumpings drained in transit, melado or concentrated melado, tank bottoms and sugar concrete, testing not more than seventy-five degrees by the polariscope, forty cents per one hundred pounds, and for each additional degree one and one- half cent per one hundred pounds. Frac- tions of five-tenths of a degree or less not to be subject to duty, and fractions of more than five-tenths to be dutiable as a degree. The usual packages in which im- ported to be free. 437. Glucose or grape sugar, glucose syrup and corn syrup, or any syrups containing any admixture thereof, three-fourths of one cent per pound f c. per lb. 438. Sugar candy, brown or white, and confec- tionery, including sweetened gums, candied peel and popcorn, one-half of one cent per pound and thirty-five per cent ad £c. per lb. valorem 35 p. c. 439. Maple sugar, and maple syrup, twenty per cent ad valorem 20 p. c. 440. Syrups and molasses of all kinds, n.o.p., the product of the sugar cane or beet, n.e.s., and all imitations thereof or substitutes therefor, three-fourths of one cent per pound f c. per lb. 441. Molasses produced in the process of the manufacture of cane sugar from the juice of the cane without any admixture with any other ingredient, when imported in the original package in which it was placed at the point of production and not after- wards subjected to any process of treating or mixing, the package in which imported, when of wood, to be free, — (a) testing by polariscope forty degrees or over, one and three-fourths cent per gallon lfc. p. gall. (b) when testing by polariscope less than forty degrees and not less than thirty-five degrees, one and three- fourths cent per gallon, and in addi- lfc. p. gall. tion thereto one cent per gallon for each degree or fraction of a degree lc additional less than forty degrees p. degree. 870 Tobacco K.S., 1906. Customs Tariff. Chap. 49. 45 Tobacco and Manufactures of. 442. Cigars and cigarettes, the weight of the cigarettes to include the weight of the paper covering, three dollars per pound and $3 p. lb. twenty-five per cent ad valorem and 25 p. c. 443. Cut tobacco, fifty-five cents per pound. ... 55c. per lb. 444. Manufactured tobacco, n.e.s., and snuff, fifty cents per pound 50c. per lb. Unenumerated Goods. 447. All goods not enumerated in this Act as sub- ject to any other rate of duty, nor declared free of duty by this Act, and not being goods the importation whereof is by this Act or any other Act prohibited, shall be subject to a duty of twenty per cent ad valorem 20 p. c. 60-61 V., c. 16, sch. A; 61 V., c. 37, ss. 3, 4 and 5; 3 E. VII., c. 15, s. 2 ; 4 E. VII., c. 11, ss. 2, 3, 4, 5, 6, 7, 8, 9, 14, 16 and 17 ; 4-5 E. VII., c. 11, ss. 1, 2, 3, 4 and 5. SCHEDULE B. FREE GOODS. 448. Articles for the use of the Governor General. 449. Articles when imported by and for the use of the Army and Navy, viz. : Arms, military or naval clothing, musi- cal instruments for bands, military stores and munitions of war; also articles consigned direct to officers and men on board vessels of His Majesty's navy, for their own personal use or consumption. 450. Articles imported by or for the use of the Dominion Gov- ernment, or of any of the departments thereof, or by and for the Senate or House of Commons, including the following articles when imported by the said Govern- ment or through any of the departments thereof for the use of the Canadian militia: — Military clothing, musi- cal instruments for military bands, military stores and munitions of war. 451. Articles for the personal or official use of consuls gen- eral who are natives or citizens of the country they re- present and who are not engaged in any other business or profession. 452. Travellers' baggage, under regulations prescriboi] by the Minister of Customs. 871 453. R.S., 1906. 46 Chap. 49. Customs Tariff. 453. Carriages for travellers and carriages laden with mer- chandise, and not to include circus troupes or hawkers, under regulations prescribed by the Minister of Customs. 454. Apparel, wearing and other personal and household effects, not merchandise, of British subjects dying abroad, but domiciled in Canada; books, pictures, family plate or furniture, personal effects and heirlooms left by bequest. 455. Settlers' effects, viz. : — Wearing apparel, books, usual and reasonable household furniture and other household effects; instruments and tools of trade, occupation or employment, guns, musical instruments, domestic sewing machines, typewriters, bicycles, carts, wagons and other highway vehicles, agricultural implements and live stock for the farm, not to include live stock or articles for sale, or for use as a contractor's outfit, nor vehicles nor implements moved by mechanical power, nor machin- ery for use in any manufacturing establishment ; all the foregoing if actually owned abroad by the settler for at least six months before his removal to Canada and sub- ject to regulations by the Minister of Customs: Pro- vided that any dutiable articles entered as settlers' effects may not be so entered unless brought by the set- tler on his first arrival, and shall not be sold or other- wise disposed of without payment of duty until after twelve months' actual use in Canada. 456. Animals and articles brought into Canada temporarily and for a period not exceeding three months, for the purpose of exhibition or of competition for prizes offered by any agricultural or other association; (but a bond shall be first given in accordance with regulations pre- scribed by the Minister of Customs, with the condition that the full duty to which such animals or articles would otherwise be liable shall be paid in case of their sale in Canada, or if not re-exported within the time specified in such bond). 457. Horses, cattle, sheep, swine and dogs, for the improvement of stock, under regulations made by the Treasury Board and approved by the Governor in Council. 458. Menageries, horses, cattle, carriages and harness of, under regulations prescribed by the Minister of Customs. 459. Admiralty charts. 460. Typewriters, tablets with movable fixtures, and musical instruments, when imported by and for the use of schools for the blind, and being and remaining the sole property of the governing bodies of the said schools and not of private individuals; the above particulars to be verified by special affidavit on each entry when presented. 461. Globes, geographical, topographical and astronomical ; maps and charts for the use of schools for the blind ; pictorial illustrations of insects or similar studies, when 872 imported R.S., 1906. Customs Tariff. Chap. 49. 47 imported for the use of colleges, schools and scientific and literary societies; manuscripts and insurance maps, and album insides of paper. 462. Philosophical and scientific apparatus, utensils, instru- ments and preparations, including boxes and bottles con- taining the same, of a class or kind not manufactured in Canada, when specially imported in good faith for the use and by order of any society or institution incor- porated or established solely for religious, philosophical, educational, scientific or literary purposes, or for the encouragement of the fine arts, or for the use or by order of any college, academy, school, or seminary of learning in Canada, and not for sale, subject to such regulations as the Minister of Customs prescribes. 463. Botanical and entomological specimens ; mineralogical specimens ; skins of birds, and skins of animals not natives of Canada, for taxidermic purposes, not further manufactured than prepared for preservation ; fish skins ; and anatomical preparations and skeletons or parts thereof; and specimens, models and wall diagrams for illustration of natural history for universities and public museums. 464. Books, viz. : Books on the application of science to in- dustries of all kinds, including books on agriculture, horticulture, forestry, fish and fishing, mining, metal- lurgy, architecture, electric and other engineering, car- pentry, ship-building, mechanism, dyeing, bleaching, tanning, weaving and other mechanic arts, and similar industrial books; also books printed in any language other than the English and French languages, or in any two languages not being English and French, or in any three or more languages; and bibles, prayer-books, psalm and hymn-books, religious tracts, and Sunday school lesson pictures. 465. Books, embossed, for the blind, and books for the instruc- tion of the deaf and dumb and blind. 166. Books printed by any government or by any association for the promotion of science or letters, and official annual reports of religious or benevolent associations, and issued in the course of the proceedings of the said asso- ciations, to their members, and not for the purpose of sale or trade. 467. Books, not printed or reprinted in Canada, which are in- cluded and used as text books in the curriculum of any university, incorporated college or normal school in Canada; books specially imported for the bona fide use of incorporated mechanics' institutes, public libraries, libraries of universities, colleges and schools, or for the library of any incorporated medical, law, literary, scien- tific or art association or society, and being the propertv 873 of ,R.S., 1906. 48 Chap. 49. Customs Tariff. of the organized authorities of such library, and not in any case the property of individuals, — the whole under regulations to be made by the Minister of Customs : Pro- vided that importers of books who have sold the same for the purposes mentioned in this item, shall, upon proof of sale and delivery for such purpose, be entitled to a refund of any duty paid thereon. 468. Books, bound or unbound, which have been printed and manufactured more than twelve years. 469. Newspapers, and quarterly, monthly and semi-monthly magazines, and weekly literary papers, unbound; and tailors', milliners' and mantle-makers' fashion plates. 470. Paintings in oil, or water colours, by artists of well- known merit, or copies of the old masters by such artists ; and paintings, in oil or water colours, the production of Canadian artists, under regulations to be made by the [Minister of Customs. 471. Clothing and books, donations of, for charitable purposes, and photographs, not exceeding three, sent by friends and not for the purpose of sale. 4 72. Life-boats and life-saving apparatus specially imported by societies established to encourage the saving of human life. 473. Coins, cabinets of, collections of medals and of other anti- quities, including collections of postage stamps ; gold and silver coins, except United States silver coin ; medals of gold, silver or copper, and other metallic articles actually bestowed as trophies or prizes and received and accepted as honorary distinctions, and cups or other prizes won in bona fide competition. 474. Locomotive and railway passenger, baggage and freight cars, being the property of railway companies in the United States, running upon any line of road crossing the frontier, so long as Canadian locomotives and cars are admitted free under similar circumstances into the United States, under regulations prescribed by the Min- ister of Customs. 475. Models of inventions and of other improvements in the arts, — but no article shall be deemed a model which can be fitted for use. 476. Aluminum in ingots, blocks or bars, strips, sheets or plates; alumina and chloride of aluminum, or chlora- lum, sulphate of alumina and alum cake; and alum in bulk only, ground or unground. 477. Ambergris; ammonia, sulphate of, sal-ammoniac and nitrate of ammonia; arsenic; bromine, Burgundy pitch; cinnabar, cochineal, cyanide of potassium, and cyanogen or compound of bromine and potassium for reducing metals in mining operations ; iodine, crude ; kryolite or cryolite, mineral: oxalic acid; quinine, salts of; salt- 874 petre; R.S., 1906. Customs Tariff. Chap. 49. 49 petre; calcareous tufa; alizarine and artificial alizarine; aniline oil, crude; aniline salts and arseniate of aniline; anatto, liquid or solid ; aniline dyes and coal tar dyes in bulk or packages of not less than one pound weight. 478. Antimony salts; antimony or regulus of, not ground, pul- verized or otherwise manufactured. 479. Artificial limbs. 480. Asphalt or asphaltum; bone pitch, crude only; and resin or rosin in packages of not less than one hundred pounds; and rosin oil. 481. Anchors for vessels. 482. Bees. 483. Bells, when imported for the use of churches only. 484. Bismuth, metallic, in its natural state ; blood albumen and tannic acid. 485. Blast furnace slag. 486. Blanketting and lapping, and discs or mills for engraving copper rollers, when imported by cotton manufacturers, calico printers, and wall paper manufacturers, for use in their own factory only. 487. Bolting cloth not made up. 488. Bones, crude, not manufactured, burned, calcined, ground or steamed. 489. Book-binders' cloth. 490. Boracic acid, and borax, ground or unground, in bulk of not less than twenty-five pounds. 491. Bristles, broom corn and hair brush pads. 492. Brass and copper, old and scrap, or in blocks; and brass or copper in bolts, bars and rods in coil or otherwise, not less than six feet in length, unmanufactured, and brass or copper in strips, sheets or plates, not polished, plan- ished or coated, and brass or copper tubing, in lengths of not less than six feet, and not polished, bent or other- wise manufactured, and copper in ingots or pigs. 493. Britannia metal in pigs, blocks or bars. 494. Buckram, when imported for the manufacture of hat and bonnet shapes. 495. Bullion, gold and silver, in ingots, blocks, bars, drops, sheets or plates, unmanufactured; gold and silver sweep- ings, and bullion or gold fringe. 496. Burr-stones, in blocks, rough or unmanufactured, not bound up or prepared for binding into mill-stones. 497. Caplins, unfinished Leghorn hats and manilla hoods. 498. Casts, as models for the use of schools of design. 499. Cane and rattans, not manufactured ; osiers or willows, and bamboos, unmanufactured, and bamboo reeds, not further manufactured than cut into suitable lengths for walking sticks or canes, or for sticks for umbrellas, para- sols or sunshades. S75 500. R.S., 1906. 50 Chap. 49. Customs Tariff. 500. Cat-gut or gut cord, for musical instruments ; and cat-gut or worm gut, unmanufactured, for whip and other cord. 501. Celluloid, xylonite or xyolite in sheets, and in lumps, blocks or balls in the rough. 502. Chloride of lime, in packages of not less than twenty-five pounds weight; cobalt, ore of; oxide of cobalt, oxide of tin and oxide of copper; copper, precipitate of, crude; dragon's blood; gypsum, crude (sulphate of lime) ; lava, unmanufactured ; manganese, oxide of ; phosphorus ; litharge; saffron, saffron cake, safflower, and extract of; sulphate of iron (copperas) ; sulphate of copper (blue vitriol) ; sulphur and brimstone, crude, or in roll or flour; tartar emetic and gray tartar; cream of tartar in crystals and argal or argols ; verdigris, or sub-acetate of copper, dry; zinc, salts of, and tartaric acid crystals. 503. Chronometers and compasses for ships. 504. Citron, lemon and orange rinds in brine. 505. Clays, including China clay, fire clay and pipe clay ; gan- nister and sand. 506. Coal, anthracite and anthracite coal dust; coke. 507. Coal and pine pitch, and coal and pine tar in packages of not less than 15 gallons. 508. Coir and coir yarn ; raw cotton or cotton wool ; and cotton waste, not dyed, cleaned, bleached or otherwise manu- factured ; cotton yarns, number forty and finer ; and mohair yarns. 509. Communion plate, when imported for the use of churches. 510. Crucibles, clay or plumbago. 511. Curling stones. 512. Cups, brass, being rough blanks, for the manufacture of paper shells or cartridges, when imported by the manu- facturers of brass and paper shells and cartridges, for use in the manufacture of such articles in their own factories. 513. Diamonds, unset, diamond dust or bort and black, for borers; and diamond drills for prospecting for minerals, not to include motive power. 514. Domestic fowls, pure-bred, for the improvement of stock, homing or messenger pigeons and pheasants and quails. 515. Dxngs, crude, such as barks, flowers, roots, beans, berries, balsams, bulbs, fruits, insects, grains, gums and gum resins, herbs, leaves, nuts, fruit and stem seeds — which are not edible and which are in a crude state and not advanced in value by refining or grinding or any other process of manufacture and not otherwise provided for; egg yolk ; fuller's earth, in bulk only, not prepared for toilet or other purposes ; lead, nitrate and acetate of, not ground; litmus and all lichens, prepared or not pre- pared ; musk, in pods or in grain ; roots, medicinal, viz. : ■ — alkanet, crude, crushed or ground, aconite, calumba, 876 folia R.S., 1906. Customs Tariff. Chap. 49. 51 folia digitalis, gentian, ginseng, jalap, ipecacuanha, iris, orris root, liquorice, sarsaparilla, squills, taraxacum, rhubarb and valerian, unground ; vaccine and ivory vac- cine points ; gum chicle or sappato gum, ci'iide ; platinum and black oxide of copper, for use in the manufacture of chlorate; potash, chlorate of, not further prepared than ground, and free from admixture with any other sub- stance; and bacteriological products or serum for sub- cutaneous injection. 516. Duck for beltins: and hose, when imported by manufac- turers of such articles for use in the manufacture thereof in their own factories; and canvas or fabric, not fric- tionized, for the manufacture of bicycle tires when im- ported by the manufacturers of bicycle tires for use exclusively in the manufacture of bicycle tires in their own factories. 517. Dyeing or tanning articles, in a crude state, used in dye- ing or tanning, n.e.s. ; berries for dyeing or used for composing dyes; turmeric, nut galls and extracts thereof; lac, crude, seed, button, stick and shell; indigo, indigo paste and extract of, and indigo auxiliary or zinc dust ; persis, or extract of archill and cudbear; terra japonica, gambier or cutch, extract of logwood, fustic, oak and oak bark and quebracho; camwood and sumac and extract thereof, tanner's bark, hemlock bark and oak bark ; ground logwood, ground fustic, patent prepared dyes, and ground oak bark; iron liquor, solutions acetate or nitrate of iron for dyeing and calico printing; madder and munjeet, or Indian madder, ground or prepared, and all extracts of; red liquor, a crude acetate of alumi- num prepared from pyroligneous acid, for dyeing and calico printing. 518. Emery in bulk, crushed or ground. 519. Felt, adhesive for sheathing vessels. 520. Fertilizers, uncompounded or unmanufactured, including phosphate rock, kainite or German potash salts, German mineral potash, bone-dust, bone black or charred bone and bone-ash, fish offal or refuse, guano and other ani- mal or vegetable manures. 521. Fibre, Mexican, natural, and tampico or istle and vege- table fibres ; fibrilla, flax fibre and flax tow ; gv. Manilla, Esparto or Spanish, and other grasses, and pulp of, including fancy grasses, dried, but not coloured or otherwise manufactured; moss, Iceland, and other mosses, seagrass and seaweed, crude or in their natural state, or cleaned only; and kelp. 522. Fire bricks, for use in processes of manufacture, or for manufacturing purposes. 877 523. R.S., 1906. 52 Chap. 49. Customs Tariff. 523. Fillets of cotton and rubber not exceeding seven inches wide, when imported by and for the use of manufac- turers of card clothing in their own factories. 524. Fish hooks, for deep sea or lake fishing, not smaller in size than number 2 -0 ; bank, cod, pollack and mackerel fish lines; and mackerel, herring, salmon, seal, seine, mullet, net and trawl twine in hanks or coil, barked or not, — in variety of sizes and threads, — including gilling thread in balls, and head ropes, barked marline, and net morsels of cotton, hemp or flax, and deep sea fishing nets or seines, when used exclusively for the fisheries, and not to include hooks, lines or nets commonly used for sports men's purposes. 525. Flint, flints and ground flint stones; felspar, cliff, chalk, China or Cornwall stone, ground or unground; gravels; precious stones in the rough. 526. Florist stock, viz. : — Palms, bulbs, conns, tubers, rhizomes, araucaria, spiraea and lilies of the valley; seedling stock for grafting, viz. : — plum, pear, peach and other fruit trees ; seeds, viz. : — anatto, beet, carrot, flax, turnip, mangold, mustard, sowing rapeseed and mushroom spawn ; aromatic seeds which are not edible and are in a crude state, and not advanced in value or condition by grinding or refining or by any other process of manu- facture, viz. : — anise, anise star, caraway, cardamom, coriander, cumin, fennel and fenugreek; seed pease and seed beans from Britain; beans, viz.: — tonquin, vanilla and nux vomica, crude only, locust beans and locust bean meal, and coeoa beans, not roasted, crushed or ground ; fruits, viz. : — bananas, plantains, pineapples, pomegranates, guavas, mangoes and shaddocks; wild blueberries, wild strawberries and wild raspberries ; and trees, n.e.s. 527. Fossils, shells, tortoise and mother-of-pearl, and other shells unmanufactured. 528. Foot-grease, being the refuse of cotton seed after the oil has been pressed out, but not when treated with alkalies ; and grease, rough, the refuse of animal fat for the manu- facture of soap and oils only. 529. Fur skins of all kinds not dressed in any manner. 530. Goldbeaters' moulds and goldbeaters' skins. 531. Gums, viz. : — Amber, Arabic, Australian, copal, damar. elemv, kaurie, mastic, sandarac, Senegal, shellac; and white shellac in gum or flake, for manufacturing pur- poses ; and gum tragacanth, gum gedda and gum barbary. 532. Hair, cleaned or uncleaned, but not curled, dyed or other- wise manufactured ; and horse-hair not further manu- factured than simply cleaned and dipped or dyed, im- ported by manufacturers of hair cloth for use in the manufacture of such article in their own factories. 878 533. R.S., 1906. Customs Tariff. Chap. 49. 53 533. Hatters' furs, not on the skin, and hatters' plush of silk or cotton; and hatters' bands (not cords), bindings, tips and sides, hat sweats and linings both tips and sides, when imported by hat and cap manufacturers for use in the manufacture of these articles only in their own factories. 534-. Hemp, undressed. 535. Hemp paper, made on four-cylinder machines and calen- dered to between -006 and -008 inch thickness for the manufacture of shot shells; primers for shot shells and cartridges, and felt board sized and hydraulic pressed, and covered with paper or uncovered, for the manufac- ture of gun wads, when such articles are imported by manufacturers of shot shells, cartridges and gun wads, to be used for these purposes only in their own factories, until such time as the said articles are manufactured in Canada : Provided always that the said articles, when imported, shall be entered only at such port or ports as are named by the Minister of Customs, and at no other place ; samples of such articles to be furnished to the collector of the said port or ports by the Customs De- partment for the guidance of the officers when accepting free entries of such material?. 536. Hides and skins, raw, whether dry, salted or pickled, and raw pelts. 537. Hoofs, horn strips, horn and horn tips, in the rough, not polished or otherwise manufactured than cleaned. 538. Hoop iron not exceeding § inch in width and being 25 gauge and thinner, used for the manufacture of tubular rivets. 539. Ice. 540. Indian corn, not for purposes of distillation and under Customs regulations. 541. Ingot moulds; iron sand or globules or iron shot and dry putty for polishing glass or granite. 542. Iron or steel masts, or parts thereof, and iron or steel beams, angles, sheets, plates, knees and cable chain for wooden, iron, steel or composite ships and vessels ; and iron, steel or brass manufactures which at the time of their importation are of a class or kind not manufac- tured in Canada, when imported for use in the construc- tion or equipment of ships or vessels. 543. Ivory and ivory nuts, piano key ivories and veneers of ivory unmanufactured. 544. Junk, old. 545. Jute and jute butts; and jute cloth, as taken from the loom, not coloured, cropped, mangled, pressed, calen- dered or finished in any way. 546. Jute, flax or hemp yarn, plain, dyed or coloured, jute can- vas, not pressed or calendered, when imported by the 879 manufacturers R.S., 1906. 54 Chap. 49. Customs Tariff. manufacturers of carpets, rugs and mats, jute webbing or jute cloth, hammocks, twines and floor oil cloth, for use in the manufacture of any of these articles only, in their own factories. 547. Lamp black and ivory black. 548. Lastings, mohair cloth, or other manufactures of cloth, when imported by manufacturers of buttons for use in their own factories, and woven or made in patterns of such size, shape or form, or cut in such manner as to be fit for covering buttons, exclusively. These conditions to be ascertained by special examination by the proper officer of Customs, and so certified on the face of each entry. 549. Leeches. 550. Lime juice, crude only. 551. Locomotive and car wheel tires of steel in the rough. 552. Meerschaum, crude or raw. 553. Metal glove fasteners; papier-mache shoe buttons, shoe eyelets, shoe eyelet hooks, shoe lace wire fasteners, and sewing machine attachments. 554. Mineral waters, natural, not in bottle, under regulations prescribed by the Minister of Customs. 555. Machinery imported exclusively for mining, smelting and reducing, viz. : — Coal cutting machines except percus- sion coal cutters, coal heading machines, coal augers and rotary coal drills, core drills, miners' safety lamps, coal washing machinery, coke-making machinery, ore drying machinery, ore roasting machinery, electric or magnetic machines for separating or concentrating iron ores, blast furnace water jackets, converters for metallurgical pro- cesses in iron or copper, briquette making machines, ball and rock emery grinding machines, copper plates, plated or not, machinery for extraction of precious metals "by the chlorination or cyanide processes, monitors, giants and elevators for hydraulic mining, amalgam safes, auto- matic ore samplers, automatic feeders, jigs, classifiers, separators, retorts, buddies, vanners, mercury pumps, pyrometers, bullion furnaces, amalgam cleaners, gold mining slime tables, blast furnace blowing engines, wrought iron tubing, butt or lap welded, threaded or coupled or not, not leas than 2| inches diameter, when imported for use exclusively in mining, smelting, re- ducing or refining. 555a. Machinery of every kind and structural iron and steel, when imported under regulations to be made by the . Minister of Customs, for use in the construction and equipment of factories for the manufacture of sugar from beet-root, until the thirty-first day of December, 1906. / 880 5556. R.S., 1906. Customs Tariff. Chap. 49. 55 555&. The following articles and materials, under regulations to be made by the Minister of Customs, viz. : — (a) All tools and machinery not manufactured in Canada up to the required standard, necessary for any factory to be established in Canada for the manufacture of rifles for the Government of Canada ; (b) All materials or parts in the rough, unfinished, and screws,' nuts, bands, and springs, to be used in rifles to be manufactured at any such factory for the Government of Canada; (c) Charcoal-making machinery. 555c. Machinery and appliances of a kind not made in Canada, for use exclusively in alluvial gold mining, until the thirty-first day of December, 1906. 556. Nickel; and ores of metal of all kinds; and silex or crys- tallized quartz. 557. Oakum. 558. Oils, viz. : — Cocoanut and palm, in their natural state ; and carbolic or heavy oil; oil of roses and ottar or attar of roses, and olive oil for manufacturing soap or tobacco, or for canning fish. 559. Oil cake and oil cake meal, cotton seed cake and cotton seed meal, and palm nut cake and meal. 560. Oysters, seed and breeding, imported for the purpose of being planted in Canadian waters. 561. Oleostearine and degras. 562. Palm leaf, unmanufactured. 563. Plaits, plain, not to include braid or fancy trimmings, composed of chip, manilla, cotton, mohair, straw, Tus- can and grass. 564. Platinum wire and platinum in bars, strips, sheets or plates; platinum retorts, pans, condensers, tubing and pipe, when imported by manufacturers of sulphuric acid for use in their works in the manufacture or con- centration of sulphuric acid. 565. Potash, muriate and bichromate of, crude, caustic potash, and red and yellow prussiate of potash; also pot and pearl ash, in packages of not less than twenty-five pounds weight. 560. Pnmella. 567. Pumice and pumice stone, ground or unground. 568. Quicksilver. 569. Quills in their natural state or unplumed. 570. Rags of cotton, linen, juto, hemp and woollen, paper waste clippings, and waste of any kind except mineral. 571. Rennet, raw and prepared. 572. Ribs of brass, iron or steel, runners, rings, caps, notches, ferrules, mounts and sticks or canes in the rough, or not further manufactured than cut into lengths suitable for 56 881 umbrella, R.S., 1906. 56 Chap. 49. Customs Tariff. umbrella, parasol or sunshade or walking sticks, when imported by manufacturers of umbrellas, parasols and sunshades for use in their factories in the manufacture of umbrellas, parasols, sunshades or walking sticks. 573. Rubber and gutta percha, crude caoutchouc or india- rubber, unmanufactured ; powdered rubber and rubber waste; hard rubber in sheets but not further manufac- tured, and recovered rubber and rubber substitute. 574. Rolled round wire rods in the coil, of iron or steel, not over three-eighths of an inch in diameter, when imported by wire manufacturers for use in making wire in the coil, in their own factories. 575. Rubber thread, elastic. 576. Reeds, square or round, and raw-hide centres, textile leather or rubber head?, thumbs and tips, and steel, iron or nickel caps for whip ends, when imported by whip manufacturers, for use in the manufacture of whips in their own factories. 577. Rollers, copper, for use in calico printing, when imported by calico printers for use in their factories in the print- ing of calicoes and for no other purpose (such rollers not being manufactured in Canada). 578. Astrakhan or Russian hare skins and China goat plates or rugs, wholly or partially dressed, but not dyed. 579. Salt, imported from the United Kingdom or any British possession, or imported for the use of the sea or gulf fisheries. 580. Sausage skins or casings, not cleaned. 581. Scrap iron and scrap steel, old and fit only to be re-manu- factured, being part of or recovered from any vessel wrecked in waters subject to the jurisdiction of Canada. 582. Silk, raw or as reeled from the cocoon, not being doubled, twisted or advanced in manufacture in any way; silk cocoons and silk waste. 583. Silk in the gum or spun, when imported by manufacturers of silk underwear to be used for such manufacture in their own factories. 584. Silver, nickel and German, in ingots, blocks, bars, strips, sheets or plates, unmanufactured. 586. Soda, sulphate of, crude, known as salt cake, barilla or soda ash, caustic soda; silicate of soda in crystals or in solution; bichromate of soda, nitrate of soda or cubic nitre, sal soda, sulphide of sodium, nitrate of soda, arseniate, binarseniate, chloride, chlorate, bisulphite and stannate of soda. 587. Spurs and stilts, used in the manufacture of earthenware. 588. Steel bowls for cream separators, and cream separators. 589. Steel saws and straw cutters cut to shape, but not further manufactured. 882 590. R.S., 1906. Customs Tariff. Chap. 49. 57 590. Crucible sheet steel, eleven to sixteen gauge, two and one- half to eighteen inches wide for the manufacture of mower and reaper knives, when imported by the manu- facturers thereof for use for such purpose in their own factories. 591. Steel of number twenty gauge and thinner, but not thinner than number thirty gauge, for the manufacture of corset steels, clock springs and shoe shanks, when imported by the manufacturers of such articles for exclusive use in the manufacture thereof in their own factories. 592. Flat steel wire, of number sixteen gauge or thinner, when imported by the manufacturers of crinoline or corset wire and dress stays, for use in the manufacture of such articles in their own factories. 593. Steel valued at two and one-half cents per pound and up- wards, when imported by the manufacturers of skates, for use exclusively in the manufacture thereof in their own factories. 594. Steel, under one-half inch in diameter, or under one-half inch square, when imported by the manufacturers of cutlery, or of knobs, or of locks, for use exclusively in the manufacture of such articles in their own factories. 595. Steel of number twelve gauge and thinner, but not thinner than number thirty gauge, for the manufacture of buckle clasps, bed fasts, furniture casters, and ice creepers, when imported by the manufacturers of such articles for use exclusively in the manufacture thereof in their own factories. 596. Steel of number twenty-four and seventeen gauge, in sheets sixty-three inches long, and from eighteen inches to thirty-two inches wide, when imported by the manu- facturers of tubular bow sockets for use in the manu- facture of such articles in their own factories. 597. Steel for the manufacture of bicycle chain, when imported by the manufacturers of bicycle chain for use in the manufacture thereof in their own factories. 598. Steel for the manufacture of files, augers, auger bits, ham- mers, axes, hatchets, scythes, reaping hooks, hoes, hand- rakes, hay or straw knives, wind mills and agricultural or harvesting forks when imported by the manufacturers of such or any of such articles for use exclusively in the manufacture thereof in their own factories. 599. Steel springs for the manufacture of surgical trusses, when imported by the manufacturers for use exclusively in the manufacture thereof in their own factories. 600. Flat spring steel, steel billets and steel axle bars, when im- ported by manufacturers of carriage springs and car- riage axles for use exclusively in the manufacture of springs and axles for carriages or vehicles other than railway or tramway, in their own factories. 56£ 883 601. R.S., 1906. 58 Chap. 49. Customs Tariff. 601. Spiral spring steel for spiral springs for railways, when imported by the manufacturers of railway springs for use exclusively in the manufacture of railway spiral springs in their own factories. 602. Steel strip and flat steel wire when imported into Canada by manufacturers of buckthorn and plain strip fencing, for use in the manufacture of such articles in their own factories ; and barbed fencing wire of iron or steel. 603. Galvanized iron or steel wire number nine, twelve and thirteen gauge. 601. Stereotypes, electrotypes and celluloids of newspaper columns in any language other than French and English, and of books, and bases and matrices and copper shells for the same, whether composed wholly or in part of metal or celluloid. 605. Surgical and dental instruments (not being furniture) and surgical needles. 606. Tagging metal, plain, japanned or coated, in coils, not over one and a half inch in width, when imported by manufacturers of shoe and corset laces for use in their factories. 607. Tails, undressed. 608. Tea and green coffee imported direct from the country of growth and production, and tea and green coffee pur- chased in bond in the United Kingdom. 609. Teasels. 610. Tin, in blocks, pigs, bars and sheets, tin plates, tin crystals, tin strip waste, and tin foil, tea lead. 611. Timber or lumber or wood, viz. : — lumber and timber planks and boards of amaranth, cocoboral, boxwood, cherry, chestnut, walnut, gumwood, mahogany, pitch pine, rosewood, sandal-wood, sycamore, Spanish cedar, oak, hickory, whitewood, African teak, black-heart ebony, lignum vitse, red cedar, redwood, satin-wood and white ash, when not otherwise manufactured than rough-sawn or split or creosoted, vulcanized or treated by any other preserving process ; sawed or split boards, planks, deals and other lumber when not further manu- factured than dressed on one side only or creosoted, vul- canized or treated by any preserving process; pine and spruce clapboards; timber or lumber hewn or sawed, squared or sided or creosoted ; laths, pickets and palings ; staves not listed or jointed of wood of all kinds; fire- wood, handle, heading, stave, and shingle bolts, hop poles, fence posts, railroad ties; hubs for wheels, posts, last blocks, wagon, oar, gun, heading and all like blocks or sticks rough hewn, or sawed only; felloes of hickory wood, rough sawn to shape only, or rough sawn and bent to shape, not planed, smoothed or otherwise manufac- tured ; hickory billets and hickory lumber, sawn to 884 shape R.S., 1906. Customs Tariff. Chap. 49. 59 shape for spokes of wheels, but not further manufac- tured; hickory spokes, rough turned, not tenoned, mitred, throated, faced, sized, cut to length, round tenoned or polished ; shingles of wood ; the wood of the persimmon and dogwood trees ; and logs and round un- manufactured timber, ship timber or ship planking, not specially enumerated or provided for in this Act. 612. D shovel handles, wholly of wood, and Mexican saddle trees and stirrups of wood. 613. Corkwood, or cork bark, unmanufactured. 614. Saw-dust of the following woods: — Amaranth, cocoboral, boxwood, cherry, chestnut, walnut, gumwood, mahogany, pitch pine, rosewood, sandal-wood, sycamore, Spanish cedar, oak, hickory, whitewood, African teak, black- heart ebony, lignum vita?, red cedar, redwood, satin- wood, white ash, persimmon and dogwood. 615. Treenails. 616. Tobacco, unmanufactured, for excise purposes under con- ditions of Inland Revenue Act. 617. Tubes, rolled iron not welded or joined, under one and one-half inch in diameter, angle iron, nine and ten gauge not over one and one-half inch wide," iron tubing- lacquered or brass covered, not over one and one-half inch in diameter, all of which are to be cut to lengths for the manufacture of bedsteads, and to be used for no other purpose, and brass trimmings for bedsteads, when imported by or for manufacturers of iron or brass bed- steads to be used for such purposes only in their fac- tories, until such time as any of the said articles are manufactured in Canada. 618. Turpentine, raw or crude. 619. Turtles. 620. Binders' twine, or twine for harvest binders, of hemp, jute, manilla or sisal, and of manilla and sisal mixed, and all articles upon which duties are levied which enter into the cost of the manufacture of such twine, under regulations to *be made by the Minister of Custom-. 621. Ultramarine blue, dry or in pulp. 622. Varnish, black and bright, for ships' purposes. 623. Whalebone, unmanufactured. 624. Whiting or whitening, Paris white and gilders' whiting, blanc fixe and satin white. 625. Wire, crucible cast steel. 626. Wire rigging for ships and vessels. 627. Wire, of brass, zinc, iron or steel, screwed or twisted, or flattened or corrugated, for use in connection with nail- ing machines for the manufacture of boots and shoes, when imported by manufacturers of boots and shoes, to be used for such purposes only in their own factories. 885 628. K.S., 1906. 60 Chap. 49. Customs Tariff. 628. Steel wire, Bessemer soft drawn spring, of numbers ten, twelve and thirteen gauge, respectively, and homo steel spring wire of numbers eleven and twelve gauge, respec- tively, when imported by manufacturers of wire mat- tresses, to be used in their own factories in the manufac- ture of such articles. 629. Wool and the hair of the camel, alpaca, goat, and other like animals, not further prepared than washed, n.e.s. ; noils, being the short wool which falls from the combs in worsted factories ; and worsted tops, n.e.s. G30. Wool or worsted yarns, when genapped, dyed or finished and imported by manufacturers of braids, cords, tassels and fringes to be used in the manufacture of such articles only in their own factories. 631. Yarn spun from the hair of the alpaca or of the angora goat, when imported by manufacturers of braids for use exclusively in their factories in the manufacture of such braids only, under such regulations as are adopted by the Minister of Customs. 632. Yellow metal, in bolts, bars and for sheathing. 633. Zinc spelter and zinc in blocks, pigs, sheets and plates; and seamless drawn tubing. 634. Molasses, second process, or molasses derived from the manufacture of ' molasses sugar,' testing by polariscope less than 35 degrees, when imported by manufacturers of blacking, for use in their own factories, in the manu- facture of blacking, — conditional that the importers shall, in addition to making oath at the time of entry that such molasses is imported for such use and will not be used for any other purpose, cause such molasses to be at once mixed in a proper tank made for the purpose with at least one-fifth of the quantity thereof of cod or other oil, whereby such molasses may be rendered unfit for any other use, such mixing to be done in the presence of a Customs officer at the expense of the importer, and under such further regulations as are from time to time considered necessary in the interest and for the protec- tion of the revenue, and that until such mixing is done and duly certified on the face of the entry thereof by such Customs officer the entry shall be held to be incom- plete and the molasses subject to the usual rate of duty as when imported for any other purpose. 635. Bags, barrels, boxes, casks and other vessels exported filled with Canadian products, or exported empty and returned filled with foreign products; and articles the growth, produce and manufacture of Canada, when returned after having been exported : Provided that proof of the identity of such articles and goods shall be made under regulations to be prescribed by the Minister of Customs, and that such articles and goods are returned within 886 three R.S., 1906. Customs Tariff. Chap. 49. 6L three years from time of exportation, without having been advanced in value or improved in condition by any process of manufacture or other means ; provided fur- ther that this item shall not apply to any article or goods upon which an allowance of drawback has been made, the re-importation of which is hereby prohibited except upon payment of duties equal to the drawback allowed ; nor shall this item apply to any article or goods manufactured in customs or excise bonded ware- house and exported under any provision of law. 635a. The articles mentioned in this item may, notwithstand- ing anything in this Act, be imported into Canada or taken out of warehouse for consumption free of duty, that is to say: — Artificial teeth; Crude petroleum, fuel and gas oils, -8235 specific gravity or heavier, at 60° temperature; Ferment cultures to be used in butter making; Glass cut to size for the manufacture of dry plates for photographic purposes, when imported by the manufacturers of such dry plates for use exclu- sively in the manufacture thereof in their own factories ; Goats for the improvement of stock, under such regu- lations as are made by the Minister of Customs; Hydro-fluo-silicic acid ; Machinery of a class or kind not made in Canada for the manufacture of linen; Machinery of a class or kind not made in Canada for the manufacture of brass goods such as are men- tioned in item 492 in this schedule; Plain basic photographic paper, baryta coated, when imported by manufacturers of sensitized paper for use exclusively in manufacturing albumenized or sensitized photographic paper in their own fac- tories ; Printing presses, of not less value than fifteen hun- dred dollars each, of a class or kind not made in Canada ; Quassia juice; Well-drilling machinery and apparatus of a class or kind ii"t made in Canada, for drilling for water and oil and for prospecting for minerals; not to include motive power; Whale oil soap. 60-61 V., e. 16, Sch. B; 61 \\. e. 37, s. 6; 63-64 V., c. 15, b. 1:1 E. VII., c. 22, s. 1; 2 E. VII., c. 33, bs. l and 2; 3 E. VII., c. 15, ss. 3 and 1 ; I E. VIL, c. 11, ss. 10, 11, 12, 13 and 14; 4-5 E. VII., c. 11, ss. 6, 7 and 8 ; 6 E. VIL, c. 0, ss. 1 and 2. S87 SCHEDULE R.S., 1906. 62 Chap. 49. Customs Tariff. SCHEDULE C. PROHIBITED GOODS. 636. Books, printed paper, drawings, paintings, prints, photo- graphs or representations of any kind of a treasonable or seditions, or of an immoral or indecent character, also posters and hand bills depicting scenes of crime or violence. 637. Keprints of Canadian copyright works, and reprints of British copyright works which have been copyrighted in Canada also. 638. Coin, base or counterfeit. 639. Oleomargarine, butterine or other similar substitute for butter. 640. Tea adulterated with spurious leaf or*" with exhausted leaves, or containing so great an admixture of chemical or other deleterious substances as to make it unfit for use. 641. Goods manufactured or produced wholly or in part by prison labour, or which have been made within or in con- nection with any prison, gaol or penitentiary ; also goods similar in character to those produced in such institu- tions, when sold or offered for sale by any person, firm or corporation having a contract for the manufacture of such articles in such institutions or by any agent of such person, firm or corporation, or when such goods were originally purchased from or transferred by any such contractor. 642. Stallions and mares of less value than fifty dollars each. 60-61 V., c. 16, Sch. C ; 3 E. VII., c. 15, s. 7 ; 4 E. VII., c. 11, s. 15. OTTAWA: Printed by Samuel Edward Dawson, Law Printer to the Kinjr's most Excellent Majesty. 888 R.S., 1906. CHAPTER 50. An Act respecting the Export of Certain Articles. 1. This Act may be cited as the Export Act. Short title. 2. The Governor in Council may, if any country now or here- Export after imposes a duty upon the articles enumerated in schedule b g imposed A to this Act, or any of them, when imported into such country by proclama- from Canada, by proclamation published in the Canada Gazette, declare an export duty chargeable upon logs and pulpwood Upon certain exported from Canada to such country, that is to say : — on pine, pulp-wood. Douglas fir, spruce, fir balsam, cedar and hemlock logs and pulp- wood, or any of them, an export duty not exceeding three dollars per thousand feet, board measure : Provided that in case of the export of any such logs or pulpwood in shorter lengths than nine feet, a rate per cord may be levied in the same manner not greater than the equivalent of the rate of three dollars per thou- sand feet, board measure. 60-61 V., c. 17, s. 1. 3. The Governor in Council may by proclamation published Export in the Canada Gazette impose the export duties hereinafter be imposed mentioned upon the following ores and metals : — b 7 proclama- (a) On nickel contained in matte, or in the ore, or in any u p0 n ores crude or partially manufactured state, and on copper containing contained in any matte or ore which also contains nickel, ri when exported from Canada, as to such nickel an export duty not exceeding ten cents per pound, and as to such copper an export duty not exceeding two cents per pound ; (b) On ores which contain copper, or any metal other than Upon ores nickel or lead, when exported from Canada, an export coppe'^or 8 duty not exceeding fifteen per centum of the value of the metals other _ »j . than nickel said ores ; or lead (c) On lead ores, and on lead and silver ores, when exported Upon lead from Canada to a country which imposes an import duty on gjh^'o'res 1 " 1 lead in bars, or in the form of pig lead, in excess of the import duty on lead contained in lead ores, or in lead and silver ores, an export duty on the lead contained in the ores so exported from Canada to an amount per pound equival- ent to such excess. 60-61 V., c. 17, s. 2. 4. The export duties provided for by this Act sli.ill be Dutie« chargeable after the publication of the proclamation by which afTe^pro- 6 they are declared chargeable or imposed. ciamation 889 2 Puhhshed. R.S., 1906. 2 Chap. 50. Export. Duties may 2. The Governor in Council may by proclamation published an/re 1 -™ 6 i n ^e manner from time ;o time remove and re-impose any such imposed. export duty. G0-G1 V., c. 17, ss. 1 and 2. Export of 5. The export in the carcass, or parts thereof, of, — c^rtn. in clinic prohibited. (a>) deer, except, as authorized by regulation of the Gov- ernor in Council made under the authority of the Customs Act ; and, (b) wild turkeys, quail, partridge, prairie fowl and wood- cock; is hereby declared unlawful and prohibited, and any such article so attempted to be exported may, on reasonable cause of suspicion of intention to export, be seized by any officer of Customs, and, if such intention is proved, shall be dealt with as Proviso. for breach of the Customs laws : Provided, that this section shall not apply to the export, under such regulations as are made by the Governor in Council, of any carcass or part thereof of any deer raised or bred by any person, company or asso- ciation of persons upon his or their own lands. 60-61 V., c. 16, s. 8 ; 62-63 V., c. 22, s. 2. Penalty for 6. Any person exporting or attempting to export in the car- cass, or parts thereof, any deer, wild turkeys, quail, partridge, prairie fowl or woodcock, contrary to the provisions of this Act, shall for each such offence incur a penalty of one hundred dollars, and the article so exported or attempted to be exported shall be forfeited and may be seized by any officer of Customs. 60-61 V., c. 16, s. 8. SCHEDULE A. Timber or lumber or wood, viz. : lumber and timber planks and boards of amaranth, cocoboral, boxwood, cherry, chestnut, walnut, gumwood, mahogany, pitch pine, rosewood, sandal- wood, sycamore, Spanish cedar, oak, hickory, whitewood, African teak, black-heart ebony, lignum vitas, red cedar, redwood, satin- wood and white ash, when not otherwise manufactured than rough-sawn or split or creosoted, vulcanized or treated by any other preserving process ; sawed or split boards, planks, deals and other lumber when not further manufactured than dressed on one side only or creosoted, vulcanized or treated by any preserving process ; pine and spruce clapboards ; timber or lumber hewn or sawed, squared or sided or creosoted; laths, pickets and palings ; staves not listed or jointed of wood of all kinds; firewood, handle, heading, stave, and shingle bolts, hop poles, fence posts, railroad ties ; hubs for wheels, posts, last blocks, wagon, oar, gun, heading and all like blocks or sticks 890 rough E.S., 1906. Export. Chap. 50. rough hewn, or sawed only ; felloes of hickory wood, rough sawn to shape only, or rough sawn and bent to shape, not planed, smoothed or otherwise manufactured ; hickory billets and hickory lumber, sawn to shape for spokes of wheels, but not further manufactured ; hickory spokes, rough turned, not tenoned mitred, throated, faced, sized, cut to length, round tenoned or polished ; shingles of wood ; the wood of the persim- mon and dogwood trees ; and logs and round unmanufactured timber, ship timber or ship planking, not specially enumerated or provided for in the Customs Tariff, 1897. 60-61 V., c. 17, s. 1. 801 E.S., 1906. UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. FEB 3 1951 Form L9-32m-8,'58(5876s4)444 K C ana d a. Laws, 24.5 statutes, etc. - C I6r Revised statut e s 1906 of Canada, 1906 v.l AA 000 865 613 4 K 24.5 Cl6r 1906 ▼•1