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Full text of "Acts of the Parliament of the Dominion of Canada"

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* /2 



ACTS 



/ 



PARLIAMENT OF THE UNITED KINGDOK 



<^REAT BRITAIN AND IRELAND 



PASSED IX TBI SESBION HELD IN TBB 



60th and 6l8T YEARS OF THE REIGN OP HER MAJESTY, 

■ QUEEN VICTORIA, 



BEING THE SECOND SESSION OF THE TWENTY-FOURTlI PARLIAMENT OF THE 

UNITED KINGDOM. 




OTTAWA: 
PRINTED BY BROWN CHAMBERLIN, 
LAW PRINTER (FOR CANADA) TO THE QUEEN'S MOST EXCELLENT MAJESTY, 

ANNO DOMINI, 1888. ... - 



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FEB 6 1936 



• • •• ••• • • • • • 

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51 VICTORIA. 



CHAP. 67. 

An Act to ameud the Superannuation Acts, 1834 and 1859 ; 
and for other purposes. 

[16^A September, 188*7.] 

ABBANGEliBNT OF SECTIONS. 
Section. 

1. Grant of gratuity or allowance to injured civil 

servant. 

2. Power to grant retiring allowance to persons removed. 
8. Beckoning of temporary services. 

4. Compassionate gratuity on retirement of persons not 

entitled to superannuation. 

5. Provision against double pensions. 

6. Segulations as to oflBicers receiving half-pay or retired 

pay. 
T. Provisions as to lunatics. 

8. Distribution of money not exceeding one hundred 

pounds without probate. 

9. Decision of Treasury. 

10. Saving for existing interests. 

11. Laying of warrant and minutes before Parliament. 

12. Definitions. 
18. Short titles. 
14. Bei)eal. 

Schedule. 

BE it enacted by the Queen's Most Excellent Majesty, by 
and with the advice and consent of the Lords Spiritual 
and Temporal, and Commons, in this present Parliament 
assembled, and by the authority of the same, as follows : — 

GRANT OF GRATUITY OR ALLOWANCE TO INJURED CIVIL 

tJERVANT. 

*•— (1.) Where a person employed in the civil service of Grant of «»• 

the state is injured — *^^toiS^^' 

(a.) In the actual discharge of his duty ; and — ^ IT^riiwS^ 

VOL, I Aj Digitized by CjOQ*'!*' 



51 VICTORIA, Chapter 67. 



Super annyation Acty 1887. 



(b.) Without his own default; and — 

(c.) By some injury specifically attributable to the nature 
of his duty, — 

the Treasury may grant to him, or, if he dies from the injury^ 
to his widow, his mother, if wholly dependent on him at 
the time of his death, and to his children, or to any of them, 
such gratuity or annual allowance as the Treasury may 
consider reasonable, and as may be permitted by the terms 
of a warrant under this section : 

(2.) The Treasury shall forth with after the passing of thi& 
Act frame a warrant regulating the grant of gratuities and 
annual allowances under this section, and the warrant so 
framed shall be laid before Parliament : 

(3.) Provided that a gratuity under this section shall not 
exceed one year's salary of the person injured, and an allow- 
ance under this section shall not, together with an super- 
annuation allowance to w^hich he is otherwise entitled, 
exceed the salary of the person injured, or three hundred 
pounds a year, which ever is loss. 

POWDER TO (IRAXT IlETIRTN(f ALLOWAXCE TO PERSOiNS 

REMOVED. 

Power to 2. — ( 1. ) Where a civil servant is removed from his office 

aHowanceTo^ ^1^ t^^^ ?^ discharge efficiently the 

perBons re- * duties of his office, and a superannuation allowance cannot 
lawfully be granted to him under the Superannuation Acts, 
1884 and 1859, and the Treasury think that the special circum- 
stances of the case justify the grant to him of a retiring al- 
lowance, they may grant to him such retiring allowance as 
they think just and proi>er, but in no case exceeding the 
amount for which his li^ngth of service would qualify him 
under sections two and four of the Superannuation Act, 
1859, without any addition under section seven of that Act : 
( 2 ) A minute of the Treasury granting an allowance 
under this section to any civil servant shall set forth the 
amount of the allow^ance granted to him, and the reasons for 
such allowance, and shall be laid before Parliament: Pro- 
vided that the Treasury before making the grant shall con- 
sider any representation which the civil servant removed 
may have submitted to them. 

RECKONING OF TEMPORARY SERVICES. 

Reckoning of 3. Where a person at the time he becomes a civil servant 

temporary ^uthin the meaning of this Act is serving the State in a 

temporary capacity, the Treasury may if, in their opinion 

any special circumstances of the case warrant such a course, 

direct that his service in that capacity may be reckoned for 



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61 VICTORIA, Chapier 67. 



Superannuation Act, 1887. 



the purposes of the Fuperannuation Acts, 1834 and 1859, 
and this Act, as service in the capacity of a civil servant, 
and it shall be so reckoned accordingly. 

COMPASSIONATE GRATUITY OX RETIREMENT OF PERSON NOT 
ENTITLED TO SUPERANNUATION. 

4 If a person employed in any public department in a 0«npftMion- 
capacity in respect of which a superannuation allowance on* wUrement 
cannot be granted under the Superannuation Act, 1859, of Mr^nanot 
retires, or is removed from his employment ; and — saperanau*. 

(a.) The employment is one to which he was required to tion. 

devote his whole time ; and — 
{b.) The remuneration for the employment was paid en- 
tirely out of the moneys provided by Parliament ; 
and — 
{c.) He has served in the employment for not less than 
seven years, if he is removed in consequence of the 
abolition of his employment, or for the purpose of 
facilitating improvements in the organization of the 
department by which economy can be effected, or 
for not less than fifteen years if his retirement is 
caused from infirmity of mind or body, permanently 
incapacitating him from the duties of his employ- 
ment, — 
the Treasury may, if they think fit, grant to him a com- 
passionate gratuity not exceeding one pound or one week's 
pay, whichever is the greater, for each year of his service 
in his employement. 

5. A person shall not be entitled to reckon the same ProTiaiou 
period of time both for the purpose of a superannuation SIJlS™^. 
allowance under the Superannuation Acts, 1884 and 1859, sioos. 
and this Act, and also for the purpose of naval or military 
non-eJFective pay. 

REGULATIONS AS TO OFFICERS RECEIVING HALF-PAY OR 

RETIRED PAY. 

6* — (1.) The Treasury may, within one month after the RcguiaUoM 
passing of this Act, frame rules as to the conditions on "ceiY^ng*'* 
which any civil employment of profit under any public half-pay or 
department as defined by this Act, or any employment of '^®^"* ^^* 
profit under the Government of any British possession, or 
any employment under the Government of any foreign 
state may be accepted or held by any person who is in 
receipt of or has received any sum granted by Parliament 
for the pay, half pay, or retired pay of oflBicers of Her 
Majesty's naval or land forces, or otherwise for payment ^^^r^ooalp 

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51 VICTORIA, Chapter 67. 



Superannuation Act, 1887. 



past service in either of such forces, or who has commnted 
the right to receive the same, and as to the effect of such 
acceptance or holding on the said pay or sum, and the 
Treasury may in such rules provide for the enforcement 
thereof by the forfeiture, suspension, or reduction of any 
such pay or sum as aforesaid, or of any commutation money 
or remuneration for such employment : 

(2.) Such rules shall also provide for the returns to be laid 
before Parliament of such officers accepting employment as 
are affected by the rules, and shall come into operation at 
the date of the passing of this Act : 

(3.) The rules shall be laid before both Houses of Parlia- 
ment forthwith : 

(4.) For the purposes of this section "British possession" 
means any part of Her Majesty's dominions out of the 
United Kingdom, and this section shall apply to Cyprus as 
if it were a British possession. 

TROVISION AS TO LUNATICS. 



I^^Tisions as 
to lanaticB. 



7- — (1.) Where any sum in respect of pay, pension, super- 
annuation, or other allowance or annuity is due in respect 
either of service as a civil servant, or of military or naval 
senace, to a person who is a lunatic, whether so found by 
inquisition or not, such sum may be, from time to time^ 
applied for his benefit by the prescribed public departmesnt 
in such manner as the department think expedient : 

(2.) Where any annuity, whether pension, superannua- 
tion, or other allowance, is payable out of moneys provided 
by Parliament to a person in respect either of service, 
as a civil servant, or of military or naval service and 
such person is or becomes a lunatic towards whose main- 
tenance a contribution is made out of money provided by 
Parliament, then as long as the contribution is made his 
annuity shall be reduced by an amount equal to that con- 
tribution, and if the amount of the contribution exceeds the 
amount of the annuity, the annuity shall cease to be pay- 
able. 



DISTRIBUTION OF MONEY NOT EXCEEDINO c£100 WITHOUT 

PROBATE. 

^f'^^'ne^^^^t ^* ^^ ^^^ death of a person to whom any sum not exceed- 

exaSedmgone ing one hundred pounds is due from a public department 

hundred jji respect of any civil pay, superannuation, or other allow- 

ontprobate." ance, annuity or gratuity, then, if the prescribed i)ublic 

department so direct, but subject to the regulations (if any) 

made by the Treasury, probate or other proof of the title of 

the personal representative of the deceased person may be 



51 VICTORIA, Chapter 61. vii 



Superannuation Act, 188*7. 



dispensed with, and the said sum may be paid or distri- 
huted to or among the persons appearing to the public 
department to be beneficially entitled to the personal estate 
of the deceased person, or to or among any one or more 
of those persons or in case of the illegitimacy of the 
deceased person or his children, to or among such persons 
as the department may think fit, and the department shall 
be discharged from all liability in respect of any such pay- 
ment or distribution. 

DECISION OF TREASURY. 

O. The decision of the Treasury on any question which Decision of 
arises as to the application of any section of this Act to any '^*^"'y- 
person, or as to the amount of any allowance or gratuity 
under this Act, or as to the reckoning of any service for 
such allowance or gratuity, shall be final. 

PAVING FOR EXISTING INTERESTS. 

lO. Nothing in this Act shall be construed so as in any Sajingforex- 
way to interfere with the rights existing at the passing of estsl^ ^^ ^ 
this Act of any civil servant then holding office. 

LAYING OF WARRANT AND MINUTES BEFORE PARLIAMENT. 

11* Every warrant and minute under this Act which is Laying of 
required to be laid before Parliament shall be laid before mSJ^teabS-* 
both Houses of Parliament in manner provided by section fore Pariia- 
thirteen of the " Superannuation Act, 1859." °'^'^*- 

DEFINITIONS. 

12« In this Act, unless the context otherwise requires, — Definitions. 

The expression ** civil servant " means a person who has 
served in an established capacity in the permanent civil 
service of the state within the meaning of section seventeen 22 v., c. 29. 
of the " Superanuation Act, 1859." 

The expression " Treasury " means the commissioners of 
Her Majesty's Treasury. 

The expression '* public department " means the Treasury, 
the commissioners for executing the office of Lord High 
Admiral, and any of Her Majesty's principal secretaries of 
state, and any other public department of the Grovernment ; 
and the expression " prescribed public department " means, 
as respects any matter the department prescribed for the 
purpose of that matter by the Treasury. 

SHORT TITLES. 

IS* The Act of the session of the fourth and fifth years Short titles. 
of the reign of King William the fourth, chapter twenty^ j 

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51 VICTORIA, Chapter 6T. 



Repeal. 



Superannuation Act, 188T. 



four, intituled *' An Act to alter, amend, and consolidate 
the laws for regulating the pensions, compensations and 
allowances to be made to persons in respect of their having 
held civil offices in His Majesty's sersace," is in this Act 
referred to and may be cited as the ** Superannuation Act," 
1884, and that Act and the Superannuation Act, 1859, are 
together in this Act referred to as the Superannuation Acts, 
1834 and 1859. 

The said Acts and this Act may be cited together as the 
** Superannuation Act, 1884 to 1887," and this Act may be 
cited separately as the " Superannuation Act, 1887." 

14. The Acts set forth in the schedule to this Act are 
hereby repealed to the extent in the third column of that 
schedule mentioned as from the passing of this Act, with- 
out prejudice to anything previously done or suffered in 
pursuance of the enactments hereby repealed. 



SCHEDULE— Acts Repealed. 



Session and 
Chapter. 



4-6 Will. IV, C.24. 



6-7 Will. IV, c. 13. 

7 Will. IV, and 
Vic, c. 25 



2-3 Vic, c. 47 

2-3 Vic, c. 93 



Title or Short Title. 



Extent 
of Repeal. 



22 Vic. c 26 

22-23 Vic, c 32. 



31-32 Vic, c 90... 



33-34 Vic, c 06... 



35-36 Vice 12... 



An Act to alter, amend, and consolidate the Sec. 16. 
laws for regulating pensions, compensa- 
tions, and allowances to be made to per-| 
sons in respect of their having held civil i 
offices in His Majesty's service. | 

An Act to consolidate the laws relating toSec..')0« 
the constabulary force in Ireland. 1 

An Act to make more effectual provisions Soc 10. 

relating to the police in the district of 

Dublin metropolis. I 

An Act for further improving the police in Sec. 10. 

and near the metropolis I 

An .A.ct for the establishment of county and Sec. 11. 

district constables by the authority of, 

justices of the peace. | 

The Superannuation Act, 1859...^ Sec 5 

An Act to amend the law concerning the Sec 27. 

police in the counties and boroughs in 

England and Wales. 
An Act to empower certain public depart- The whole Act. 

ments to pay otherwise than to executors 

or administrators small sums due on ac- 
count of pay or allowances to persons 

deceased. 
An Act to apply a sum out of the Consolidated Sub-sections 4, 5 



Fund to the service of the year ending the 
thirty-first dav of March, one thousand 
eight hundred and seventy-one, and to 
appropriate the supplies granted in this 
session of Parliament. 
The Superannuation Act, 1872 



and 6 of sec* 6. 



The whole Act 



OTTAWA 



Printed by Brown CHAMnKRT.iN, Law Printer (for Canada) to the 
Queen's Most Excellent Majesty. 



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51 VICTORIA 



CHAP. 62. 



An Act to amend in certain minor particulars some of 
the enactments relating to Merchant Shipping and 
Seamen. 

[16th Stptember, 188*7.] 

BE it enacted by the Queen's most Excellent Majesty, by 
and with the advice and consent of the Lords Spiri- 
tual and Temporal, and Commons, in this present Parliament 
assembled, and by the authority of the same, as follows : — 

1. — (1). This Act may be cited as the Merchant Shipping Short title 
(Miscellaneous) Act, 1887. and coostrac- 

(2.) This Act shall be construed as one with the Merchant 
Shipping Act, 1854, and the Acts amending the same, and 
this Act and those Acts may be cited collectively as the 
Merchant Shipping Acts, 1854 to 1887. 

2« Whereas by section seven of the Merchant Shipping Act Fees on er- 
Amendment Act, 1862, it is provided that the fees payable enghieera to^ 
by applicants for examination for certificates of competency b« paid to 
as engineers shall be carried to the account of the Mercan- Marine Fund, 
tile Marine Fund, and at the time of the passing of that 25-26 v., c. ' 
Act the salaries of the surveyors, by whom the examinations ^^' ^ ^' 
are conducted, were paid out of the Mercantile Marine Fund ; 

And whereas by section thirty-nine of the Merchants 39-40 v., c. 
Shipping Act, 1876, it was provided that the salaries of the ^^' *' ^^* 
said surveyors should be paid out of moneys provided by 
Parliament and by section four of the Merchant Shipping 43-44 v., c. 
(Fees and Expenses) Act, 1880, it was provided that the ^^' ^' ^' 
fees paid by the said applicants for examination for certifi- 
cates of competency as engineers should be paid into the 
Exchequer ; 

And whereas under section three of the Merchants Ship- 45-46 v., c. 
ping (Expenses) Act, 1882, the salaries of the said surveyors ^*' *' ^' 
are charged on and paid out of the Mercantile Marine Fund, 
and it is expedient that the fees paid by the said applicants 
for examination should be carried to the account of the t 

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51 VICTORIA, Chapter 62. 



Merchant Shipping and Seamen Act. 



Mercantile Marine Fund : be it therefore enacted as fol- 
lows : — 

The fees payable in pursuance of section seven of the 
Merchant Shipping Act Amendment Act, 1862, shall cease 
to be payable into the Exchequer, and all such of those 
fees as have been levied since the first day of April, one 
thousand eight hundred and eight-three, or are hereafter 
levied, shall be carried to the account of the Mercantile 
Marine Fund. 

o?i7*i8*v^'^ •*• Whereas doubts have been expressed as to the result 
104, 8. 31, as of the powers conferred by section thirty-one of the Mer- 
Cofoniam^^v- ^'^^^* Shipping Act, 1854, on certain colonial authorities, 
crnors. " a^d it is expedient to remove those doubts : Be it therefore 
enacted that the powers conferred by that section on the 
Grovernor, Lieutenant G-overnor or other person administer- 
ing the Government in a British possession shall include 
and be deemed to have always included the following 
powers, namely: — 

(a.) Power to approve a port or place within the pos- 
session for the registry of ships ; and — 

[b.) Power to appoint surveyors within the limits of the 
possession to survey and measure ships for registry or re- 
registry as British ships in accordance with the provisions 
of the Merchant Shipping Act, 1854 to 1887. 

cord aSs'u) ^' ^^^ documents which, under section two hundred and 

apply to re- seventy-seven of the Merchant Shipping Act, 1864, or any 

tod^VnS*' ^Jiactment amending the same, are required to be recorded 

giatrar Gener- and preser\'^ed by the Registrar General of seamen shall be 

•1 of seamen, deemed to be public records and documents within the 

meaning of the Public Record Offices Acts, 1888 and 1877 

and those Acts shall, where applicable, apply to such 

documents in all respects as if such documents had been 

specifically referred to in the said Acts. 

ofSwSn^^f *• ^^^ *^^' Merchant Shipping Act, 1854, and the Acts 
fighth^Tel^ amending the same the expression "lighthouses" shall in 
addition to the meaning assigned to it by the Merchant 
Shipping Act, 1854, include sirens and all other descrip- 
tions of fog signals and the expression ** new lighthouse " 
shall include the addition to any existing lighthouse of any 
improved light or any siren, or any description of fog 
signal. 

Repeal u^ rpj^^ enactments mentioned in the schedule to this Act 

are hereby repealed to the extent appearing in the third 
column of that schedule : 



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51 VICTORIA, Chapter 62. 



XI 



Merchant Shipping and Seamen Act. 



Provided that the repeal of any enactment by this Act 
shall not affect the validity of anything done or any right 
acquired or liability incurred before the commencement of 
this Act nnder the repealed enactment and that proceed- 
ings for enforcing any such right or liability may be com- 
menced, continued, and completed as if this Act had not 
passed. 



SCHEDULE. 

REPEAL. 



Section 6. 



Session and Chapter. 



Title. 



Extent of Repeal. 



14 k 15 Vict., c. 102.. 
43 * 44 Vict., c. 22... 



The Seaman's Fund Winding-np Act, 
1851 

The Merchant Shipping (Fees and Ex- 
penses) Act, 1880 



Section forty-eight. 
Section four. 



OTTAWA : Printed by Brown Chaiibbrlik, Law Printer (for Canada) lo the 
Queen's Most Excellent Majesty. 



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51 YICTORIA. 



CHAP. 70. 

An Act to amend the Appellate Jurisdiction Act, 1876. 

[16th September, 1887.] 

39^0 v., c. VIT HERE AS it is expedient to amend the Appellate Juris- 
Vf diction Act, 1876 : 

Be it therefore enacted by the Queen's most Excellent 
Majesty, by and with the advice and consent of the 
Lords bpiritual and Temporal and Commons, in this present 
Parliament assembled and by the authority of the same as 
follows : — 

Lord of Ap- 1. Whereas it is expedient that any Lord of Appeal, as 
ESTsSt^^r-'* defined by the Appellate Jurisdiction Act, 1876, notwith- 
ing proroga- standing that he may not be a Lord of Appeal in Ordinary 
^^^' within the meaning of that Act should be empowered to 

take his seat and the oaths at the sittings of the House of 
Lords for hearing and determining appeals during the pro- 
rogation of Parliament : Be it enacted that notwithstand- 
ing anything in the eighth section of the said Act contained 
every Lord of Appeal shall be empowered to take his seat 
and the oaths at any such sittings of the House of Lords 
during prorogation. 

itetired Lord 2. The sixth section of the Appellate Jurisdiction Act, 

ormnwy may 1876, shall be construed and take effect as well in respect 

sit ia House of of any Lord of Appeal in Ordinary heretofore appointed 

Lords. under that Act as of any such Lord hereafter appointed so 

as to entitle any person so appointed to sit and vote as a 

member of the House of Lords during his life as fully as if 

the words " during the time that he continues in his office 

as a Lord of Appeal in Ordinary and no longer " had been 

omitted from the said section. 

Amendtnent 3. The Judicial Committee of the Privy Council, as 
cf 41* ^*^** *' formed under the provisions of the first sectioii of the Act 
of the third and fourth William the Fourth, chapter forty- 
one, intituled " An Act for the better Administration of 
Justice in His Majesty's Privy Council," shall include such 
members of Her Majesty's Privy Council as are for the time 

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61 VICTORIA, Chapter ^0. xiii 



Appellate Jurisdiction Act, 1887. 



being holding or have held any of the offices in the Appel- 
late Jurisdiction Act, 1876, and this A-ct, described as high 
judicial offices. 

4. Any person who shall in virtue of the thirteenth Remunera- 
section of the Act of the third and fourth William the cia?Com- 
Fourth, chapter forty-one, attend the sittings of the Judicial mittee. 
Committee of the rrivy Council, shall be deemed to be 
included as member of the said Committee for all purposes 
and shall, if there be only one such person, be entitled to 
receive the whole amount of the sums by the said section 
provided, that is to say, eight hundred pounds for every 
year during which he shall so attend, but, if there shall, at 
any time, be two such persons they shall severally be 
entitled to the sum provided in the said section. 

&• The expression ** high judicial office," as defined in the Amendment 
twenty-fifth section of the Appellate Jurisdiction Act, 1876, t%'^l 25! 
shall be deemed to include the office of a Lord of Appeal in 
Ordinary and the office of a member of the Judicial Com- 
mittee of the Privy Council. 

6. This Act may bo cited as the Appellate Jurisdiction Shoit title. 
Act, 1887. 



OTTAWA : Printed by Brown Chamberlin, Law Printer (for Canada) to the 
Queen's Most Excellent Alajcbty. 



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ORDERS IN COUNCIL 



IMPERIAL GOVERNMENT 



TOOBTHIR WITH 



TREATIES NEGOTIATED 



HER MAJESTY, THE QUEEN 



FOREIGN POWERS. 




OTTAWA: 

PRINTED BY BROWN CHIMBERLIN, 
LAW.PRINrBR (FOR CANADA) TO THE QUEEN'S MOST EXCELLENT MA JBOTY. 

ANNO DOMIKIi 1888. 



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ORDERS IN COUNCIL AND TREATIES. 



EXTRADITION TREATY WITH THE KING OF THE BEL^ 

GIANS. 



AT THE COURT AT WINDSOR, THE l»rii DAY OP MAY, 188t. 

Present : 

THE queen's most EXCELLENT MAJESTY. 

Lord President. ' I Earl of Kintore. 

Earl of Coventry. | 

WHEREAS by the " Extradition Acts, 18^0 and 1873," it was, amongst 
other things, enacted that where an arrangement has been made 
with any foreign titate with respect to the surrender to such State of any 
fugitive criminals, Her Majesty may, by Order in Council, direct that the 
said Acts shall apply in tne case of such foreign State ; and that Her 
Majesty may, by the same or any subsequent Order, limit the operation of 
the Order, and restrict the same to fugitive criminals who are in op 
isuspected of being in the part of Her Majesty's dominions specified in the 
Order, and render the operation thereof subject to such conditions, excep- 
tions and qualifications as may be deemed expedient ; and that if, by any 
law made after the passing of the Act of 1870 by the Legislature of any 
British possession, provision is made for carrying into effect within such 
possession the surrender of fugitive criminals who are in or suspected of 
being in such British possession, Her Majesty may, by the Order in 
Council applying the said Acts in the case of any foreign State, or by any 
subsequent Order, suspend the operation within any such British posses- 
sion of the said Acts, or any part thereof, so far as it relates to such foreign 
State, and so long as such law continues in force there and no longer : 

And whereas, in accordance with section 18 of "The Extradition Act, 
1870," the legislature ot the Dominion of Canada has, by laws passed in 
the years 1877 and 1882, and respectively styled " The Extradition Act, 
1877," and " An Act to amend the Extradition Act, 1877," made provision 
for carrying into effect within the Dominion the surrender of fugitive 
criminals who are in, or are suspected of being in, the Dominion : 

And whereas a Treaty was concluded on the twentieth day of May, 
one thousand eight hundred and seventy-six, between Her Majesty and 
the King of the Belgians, for the mutual extradition of fugitive criminals, 
in the case of which Treaty the above mentioned Acts of Parliament were 
applied by an Order in Council of the twenty-first day of July, one 
thousand eight hundred and seventy-six : 

VOL. I— B And 

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xviii TREATIES. 



Extradition Treaty with the King of the Belgians. 

And whereas a Declaration was concluded on the twenty-third day 
of July, one thousand eight hundred and seventy-seven, between the 
Government of Her Majesty and the Government of His Majesty the 
King of the Belgians, <».xtending the provisions of the above mentioned 
Treaty to certain additional crimes in the case of which Declaration the 
above mentioned Acts of Parliament were applied by an Order in Council 
of the thirteenth day of August, one thousand eight hundred and seventy- 
seven : 

And whereas a Declaration was concluded on the twenty-first day of 
April, on thousand eight hundred and eighty-seven, between the Govern- 
ment of Her Majesty and the Government of His Majesty the King of the 
Belgians, for amending Article I of the above mentioned Freaty, which 
Declaration is in the terms following : — 

" The Government of Her Majesty the Queen of the United Kingdom 
of Great Britain and Ireland, Empress of India, and the Government of 
His Majesty the King of the Belgians, being desirous to provide for the 
more effectual repression of crimes and offences in their respective terri- 
tories, have agreed as follows: — 

*' ARTICLE I. 

" The words 'except as regards Great Britain, native-born or naturalized 
subjects of Her Britannic Majesty, and except as regards Belgium, those 
who are by birth, or who may have become citizens of Belgium,'" which 
occur in Article I of the Extradition Treaty of the 20th May, 18*76, are 
suppressed. 

ARTICLE 11. 

The following paragraph is added to Article I of the said Treaty : — 
** In no case, nor on any consideration whatever, shall the Hign Con- 
tracting Parties be bound to surrender their own subjects, whether by 
birth or naturalizaiion.'* 

ARTICLE III. 

The present Declaration shall come into force ten days after its publi- 
cation in the manner prescribed by law in the respective countries. 

In witness whereof the undersigned have signed the same, and have 
affixed thereto the seal of their arms. 

Done at London, the 21st day of April, 1887. 

(L.S.) SALISBURY. 
(L.S.) SOLVYNS. 

Now, therefore, Her Majesty, by and with the advice of Her Privy 
Council, and in virtue of the authority committed to Her by the said 
recited Acts, doth order, and it is hereby ordered, that from and after the 
thirtieth day of May, one thousand eight hundred and eighty-seven, the 
said Acts shall apply in the case of the said Declaration of the twenty- 
first day of April, one thousand eight hundred and eighty-seven, with the 

Government 



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TREATIES. xix 



Extradition Treaty with the King of the Belgians^ S^c. 

Government of His Majesty the King of the Belgians, as fully, to all 
intents and purposes, as in the case of the said recited Treaty of the 
twentieth day of May, one thousand eight hundred and seventy-six, and 
of the aforesaid Declaration of the twenty-third day of July, one thousand 
eight hundred and seventy-seven : 

Provided always, and it is hereby further ordered, that the operation 
of the said Acts shall be suspended within the Dominion of Canada so far 
as relates to the Kingdom of Belgium and to the said declaration of the 
twenty-first day of April, one thousand eight hundred and eighty-seven, 
and so long as the provisions of the Canadian Acts aforesaid continue in 
force, and no longer. 

C. L. PEEL. 



AT THE CODRT AT WINDSOR, THE 3rd DAY OF MAY, 1882. 

Present : 

THE queen's most EXCELLENT MAJESTY IN COUNCIL. 

WHEREAS by treaty, capitulation, grant, usage, suflFerance, and other 
lawful means, Her Majesty the Queen has power and jurisdiction 
in relation to Her Majesty's subjects and others in the Ottoman dominions : 
Now, therefore, Her Majesty, by virtue and in exercise of the powers 
in this behalf by the Foreign Jurisdiction Acts, 1843 to 18*78, or other- 
wise, in Her Majesty vested, is pleased, by and with the advice of Her 
Privy Council, to order, and it is hereby ordered, as follows : — 

Short Titles. 

1. (a.) This Order may be cited as the Ottoman Order in Council, 1882; 

(b.) The Order in Council made at Windsor, the 12th day of Decem- 
ber, 1873, for the regulation of consular jurisdiction in the Ottoman 
dominions, may be cited as the Ottoman Order in Council, 1878 ; 

(c.) That Order and this Order may be cited together as the Ottoman 
Order in Council, 1873 and 1882. 

Commencement. 

2. This Order shall commence and have effect from and immediately 
after the 31st day of May, 1882. 

Interpretation. 

3. In this Order— 

"Her Majesty's ambassador" includes Her Majesty's Charge 
(V Affaires^ or other chief diplomatic representative in the 
Ottoman dominions for the time being. 

" Administration " means letters of administration, including the 
same with will annexed, or granted for special or limited 



VOI-. 



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TREATIES. 



Ottoman Order in Council. 



'* Ship" includes auy vessel used iu navigation, howsoever pro- 
pelled, with her tackle, furniture and apparel, and any boat 
or other craft. 

" Ottoman waters " means the territorial waters of the Ottoman 
dominions. 

Other words have the same meaning' as in the Ottoman Order in 
Council, 1873. 

Piepeal. 

4. The following parts of the Ottoman Order in Council, 1873, are 
hereby repealed : — 

(a ) Article 11. The last two paragraphs ; 

{b.) Article 12. The last paragraph ; 

(c.) Article 13. The words " and for that purpose shall have the like 
jurisdiction and authority as the assistant judge ;'' 

(d) Article 93; 

(e.) Article 266. In the first paragraph the words " the judge of; " and 
the last paragraph. 

Assistant Judge of Supreme Court. 

5. — {a.) The assistant judge of the Supreme Court shall be, at the time 
of his appointment, a member of the bar of England, Scotland and Ireland, 
of seven years' standing ; 

(b.) The assistant judge shall hear and determine such causes and 
matters, civil and criminal, and transact such other part of the business of 
the Supreme Court as the judge of the Supreme Court, from time to time, 
by general order or otherwise, directs ; 

(c.) For that purpose the assistant judge shall have all the like juris- 
diction, power, and authority as the judge ; 

(rf.) Any party to a civil suit or proceeding, wherein any matter or 
question is heard and determined by the assistant judge, and any party to 
a criminal proceeding, other than a proceeding by summary trial, wherein 
any question of law is heard and determined by the assistant judge, shall 
be entitled, as of course, to a re-hearing of the matter or question aforesaid 
before the judge, sitting with the assistant judge, or, in the unavoidable 
absence of the assistant judge, alone ; provided that an application for the 
re-hearing be made within three days after the day of the decision of the 
assistant judge ; 

{e.) If, on any such re-hearing, there is a difference of opinion between 
the judge and the assistant judge, the opinion of the judge shall prevail. 

Acting Judge or Acting Assistant Judge of Supreme Court. 

6. In case of the death or illness, or the absence or intended absence 
from the district of the consulate-general of Constantinople, of the judge or 
assistant judge of the Supreme Court, Her Majesty's ambassador may 
appoint a fit person to be the acting judge, or to be the acting assistant 
judge, as the case may require ; but, unless in any case the Secretary of 

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TREATIES. xxi 



Ottoman Order in Council. 



State otherwise directs, the assistant judge, if present, and able to act shall, 
always be appointed to be the acting: jndg'e. 

Offences on Board Ship. 

^. Section eleven of the Merchant Shipping? Act, 1867, is hereby- 
extended to the Ottoman dominions, with such adaptations and modifica- 
tions that the same will, as regards those dominions, read as follows 
(namely) : — 

If in the Mediterranean Sea, or the sea of Azof, or if in the Adriatic, 
JEgean, or Black Sea, out of Ottoman waters, a British subject commits an 
offence on board of a British ship, or on board of a foreign ship to which 
he does not belong, the Supreme Court, sitting within the district of the 
consulate-general of Constantinople, shall have jurisdiction to hear and 
determine the case as if the offence had been committed on board a British 
ship in Ottoman waters ; and the Supreme Court may exercise that jurisdic- 
tion accordingly if in any case the court, in its discretion, having regard 
to all the circumstances, thinks it fit and expedient so to do. 

Detention of Ship. 

8. Where the Supreme Court issues a summons or warrant against 
any person on a charge of an offence committed on board of or in relation 
to a British ship, then, if it appears to the court that the interest of public 
justice so require, the Supreme Court may issue a warrant or order for the 
detention of the ship, being within the district of the consulate-general 
of Constantinople, and may cause the ship to be detained accordingly, 
until the charge is heard and determined and the order of the court thereon 
is fully executed, or for such shorter time as the court thinks fit ; and the 
Supreme Court shall have power to make, from time to time, all such orders 
as. appear to it necessary or proper for carrying this provision into effect. 

Offences Partly out of Jurisdiction. 

9. The Admiralty Offences Colonial Act, 1860, is hereby extended to 
the Ottoman dominions, with such adaptations and modifications that the 
same w^ill, as regards those dominions and the jurisdiction ot the court, 
read as follows (namely) : — 

When a person, being feloniously stricken, poisoned, or otherwise 
hurt, in the Ottoman dominions, dies of such stroke, poisoning, or hurt, 
on the sea, or out of the Ottoman dominions, then every ofience committed 
in respect of any such case, whether amounting to murder or to man- 
slaughter, or to the being ac^cessory before the fact to murder, or after the 
fact to murder or to manslaughter, may be dealt with, inquired of, tried, 
determined, and punished in the Ottoman dominions in all respects as if 
such offence had been wholly committed in the Ottoman dominions. 

Fvgitice Offenders. 

10. The Fugitive Offenders Act, 1881, except part II thereof, or so 
much thereof, except that part, as is for the time being in force, and any 

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xxli TREATIES. 



Ottovwn Order in Council. 



enactment for the time being in force amending or substituted for the 
same, are hereby extended to the Ottoman dominions, with the adaptations 
following, namely : 

(i.) Her Majesty's Ambassador is hereby substituted for the G-overnor 
of a British possession : 

(ii.) The Supreme Court or the Court for Egypt, or the Court for Tunis 
(as the case requires), is hereby substituted for a Superior Court in a 
British possession : 

(iii.) Each court under the Ottoman Order in Council, 1873, according 
to its jurisdiction, is substituted for a magistrate of any part of Her 
Majesty's dominions. 

Coroners' Inquests. 

11. (a) The Supreme Court shall, for and within the district of the 
Consulate General of Constantinople, and the Court for Egypt shall, for 
and in Egypt, and the Court for Tunis shall, for and in Tunis, have and 
discharge all the powers, rights and duties appertaining to the office of 
coroner in England, in relation not only to deaths of British subjects hap- 
pening in that respective district or country, but also to deaths of any 
persons having happened at sea on board British ships arriving in that 
respective district or country, and to deaths of British subjects having 
happened at sea on board foreign ships so arriving ; 

(6.) Every inquest shall be held with a jury of not less than three 
persons comprised in the jury list of the court summoned for that pur- 
pose; 

(c.) If any person fails to attend according to such summons, he shall 
be liable to the like fine, to b^ levied in the like manner as is in the Otto- 
man Order in Council, 1813, provided with respect to juries in civil and 
criminal proceedings. 

Jurisdiction as regards Embassy. 

12. The court shall not exercise any jurisdiction in any proceeding 
whatsoever over Her Majesty's Ambassador, or his official or other resi- 
dences, or his official or other property ; nor shall the court, except with 
the consent of Her Majesty's Ambassador, signified in writing to the court, 
exercise any jurisdiction in a civil action or proceeding over any person 
attached to or being a member of Her Majesty's Embassy, or being a 
domestic servant of Her Majesty's Ambassador. 

Evidence. 

13. If in any case it is made to appear to the court that the attend- 
ance of Her Majesty's Ambassador, or of any person attached to or being a 
member of Her Majesty's Embassy, or being a domestic sers'-ant of Her 
Majesty's Ambassador, to give evidence before the court, is requisite in the 
interest of justice, the court shall address to Her Majesty's Ambassador a 
request in writing for such attendance. 

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TREATIES. xxiii 



Ottoman Order in Council. 



14. A person atteuding to give e\adenoe before the court shall not be 
compelled to give evidence or to produce any document il^ in the opinion 
of Her Majesty's Ambassador, signified by him i)ersonally or in writing to 
the court, the giving or production thereof would be injurious to Iler 
Majesty's service. 

15. Sections seven and eleven of the Evidence Act, 1851, are hereby 
extended to the Ottoman dominions. 

16. The following Acts (namely) : 

The Foreign Tribunals Evidence Act, 1866, 

The Evidence by Commission Act, 1859, — 
or so much thereof as is for the time being in force, and any enactment 
for the time being in force amending or substituted for the same, are here- 
by extended to the Ottoman dominions, with the adaptations following 
(namely) : 

The Supreme Court, or the Court for Egypt, or the Court for Tunis (as 
the case requires), is hereby substituted for a Supreme Court in a colony. 

Ascertainment of Lata. 

17. The following Acts (namely) : 

The British Law Ascertainment Act, 1859, 

The Foreign Law Ascertainment Act, 1861, — 
or so much thereof as is for the time being in force, and any enactment 
for the time being in force amending or substituted for the same, are here- 
by extended to the Ottoman dominions, with the adaptations following 
(namely) : 

The Supreme Court, or the Court for Kgypt, or the Court for Tunis (as 
the case requires), is hereby substituted for a Sui>erioT Court in a colony. 

Probate. 

18. (a). Where probate, administration or confirmation is granted in 
England, Ireland or Scotland, and therein, or by a memorandum thereon 
signed by an ofiicer of the court granting the same, the testator or intestate 
is stated to have died domiciled in England, Ireland or Scotland (as the 
case may be), and the probate, administration or confirmation is pro- 
duced to, and a copy thereof is deposited with, the Supreme Court, the 
court shall write thereon a certificate of that production and deposit ; 
and thereupon, notwithstanding anything in the Ottoman Order in Council, 
1873, the probate, administration or confirmation shall, with respect to 
the personal property in the Ottoman dominions of the testator or intes- 
tate, have the like effect as if he had been resident in those dominions at 
his death, and probate or administration to his personal property there 
had been granted by the Supreme Court ; 

(b.) Any person who, in reliance on an instrument purporting to be a 
probate, administration or confirmation granted in England, Ireland, or 
Scotland, and to bear such a certificate of the Supreme Court as in this 
article prescribed, makes or permits any payment of transfer, in good 
faith, shall be, by virtue of this Order, indemnified and protected in 

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xxiv TREATIES. 



Ottoman Order in Council^ Sfc. 



respect thereof, ia the Ottoman dominions, notwithstanding anything 
affecting the validity of the probate, administration, or confirmation ; 

(c ) The following shall be the terms of the certificate of the Supreme 
court in this article prescribed (namely) : 

The probate has {or these letters of administration have, or this con- 
firmation has) been produced to this court, and a copy thereof has been 
deposited with this court. 

19. Section fifty-one of the Conveyancing (Scotland) Act, 1874, and 
any enactment for the time being in force amending or substituted for 
the same, are hereby extended to the Ottoman dominions, with the 
adaptation following (namely) : — 

The Supreme Court is hereby substituted for a Court of Probate in a 
colony. 

Recovery against Ships, 

20. Where money ordered by the court to be paid is due for seamen's 
wages, or is other money recoverable under the Merchant Shipping Acts 
or other law relating to ships, and the person ordered to pay is master or 
owner of a ship, and the money is not paid as ordered, the court, in ad- 
dition to other powers for compelling payment, shall have power to direct 
that the amount unpaid be levied by seizure and sale of that ship. 

Judicial Notice. 

21. Judicial notice shall be taken of the Ottoman Order in Council^lSIS, 
and of the several Orders in Council amending the same, passed or to be 
passed, and of this Order, and of the appointment of all judges, officers, 
and persons acting thereunder, and of their signatures, and of all seals 
used thereunder ; and no proof thereof shall be necessary. 

And the Right Honorable the Earl Granville, one of Her Majesty's 
Principal Secretaries of State, and the Lords Commissioners of the 
Treasury, and the Lords Commissioners of the Admiralty, are to give 
the necessary directions herein as to them may respectively appertain. 

C. L. PEEL. 



AT THE COURT AT WINDSOR, THE 26th DAY OF JUNE, 1884. 

Present : 
THE queen's most EXCELLENT MAJESTY. 



Lord President. 
Lord Steward. 



Secretary, Sir William Vernon 
Harcourt. 



Mr. Gladstone. 



WHEREAS by Treaty and otherwise, Her Majesty the Queen has 
power and jurisdiction within China and Japan and the dominions 
of the King of Corea : 



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TREATIES. XXV 



China, Japan and Corea Order in Council, 



Now, therefore, Her Majesty, by virtue aud iu exercise of the powers 
in this behalf by the Foreign Jurisdiction Acts, 1843 to 1878, and other- 
-wise in her vested, is pleased by and with the advice of Her Privy Coun* 
cil, to order, and it is hereby ordered as follows : — 

1. This Order maybe cited as the China, Japan and Corea Order in 
Council, 1884. 

2. In this order — 

The expression the " China and Japan Orders in Council," means the 
following : — 

The China and Japan Order in Council, 1865, as amended by the Orders 
in Council, dated the 13th May, 1869, and the 80th April, 1877 ; 

The Orders in Council of the 19th June, 1868, and the 21st July, 1876, 
relating to consular fees ; 

The China and Japan mafitime Orders in Council, 1864 ; 

The China and Japan Order in Council, 1878 ; 

The China and Japan Order in Council, 1881 ; 

The Shanghae shipping registry Order in Council, 1883 ; 

And any Order in Council amending or extending this or any of the 
above-mentioned Orders in Council. 

The expression " Corea " means the Dominions for the time being of the 
King of Corea, including the territorial waters thereof. 

Other expressions to which meanings are assigned by the China and 
Japan Orders in Council have the same meanings in this Order unless the 
subject or context otherwise requires. 

In the China and Japan Orders in Council, and in this Order, the ex- 
pression *' British subject " shall include a British-protected person in so far 
as by treaty, capitulation, grant, usage, sufferance or other lawful means 
Her Majesty has jurisdiction in relation to such persons in China, Japan 
and Corea respectively. 

This Order may be cited as the China, Japan, and Corea Order in Coun- 
cil, 1884. 

3. Any person, for the time being, acting as consul-general, consul or 
vice-consul holding Her Majesty's commission for Corea or any part there- 
of, or any person acting temporarily with the approval of a Secretary of 
State, or in case of emergency appointed temporarily by or acting with the 
approval of Her Majesty's Minister for Corea, as and for a consul-general, 
consul or vice-consul as aforesaid, shall in and for such district as may be 
assigned by his commission or appointment, or as may be so approved 
hold and form a court for the purposes of this Order. 

4. For the purposes and subject to the provisions of this Order — 

(1.) All Her Majesty's jurisdiction exercisable, for the time being, iu 
Corea, under the Foreign Jurisdiction Acts, shall be exercised by a court 
acting under this Order ; 

(2.) Suchjurisdiction shall be exercised under and in accordance with 
the provisions of the China and Japan Orders in Council, and of any rules 
and regulations made under the authority thereof, and for the time being 
in force, so far as the same are applicable, as if in those provisions expres- 
sions referring to Japan, or to any government, sovereign, person, 
thing or matter in or relating to Japan, referred also mutatis mutandis 

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xxvi TREATIES. 



China, Japan and Corea Order in Council. 



to Corea, and to the corresponding government, sovereign, person, thing, 
or matter in or relating to Corea ; and for the purposes of the said 
Orders in Council, rules and regulations as applied by this Order, 
a court acting under this Order shall be deemed to be a provincial court ; 
(3 ) All powers and jurisdiction, whether original, appellate, or 
auxiliary, which can, under said Orders, be exercised by the Supreme Court 
at Shanghae, or any judge thereof in relation to Japan, or any district 
thereof, or provincial court therein, shall be exercisable in relation to 
Corea, and in any district or provincial court therein. 

5. The powers and jurisdiction exercisable under this Order, or under 
the said Order in Council, as applied to Corea, shall, in relation to Corea, 
be exercised subject to the provisions of the treaty dated the 26th Nov- 
ember, 1888, between Her Majesty and the King of Corea, and to the 
regulations and protocol appended to the satd treaty, and to the provisions 
of any other treaty for the time being in force between Her Majesty and 
the King of Corea, and the provisions of the said treaty, regulations and 
proto<'ol shall have effect as if incorporated in this Order. 

6. Where, by virtue of any Imperial Act, or of any of the China and 
Japan Orders in Council, or this Order, or otherwise, any provisions of any- 
Imperial Acts, or of any Orders in Council other than this Order, are appli- 
cable in China, Japan or Corea, or any forms, regulations, or procedure 
prescribed or established by or under any such Order or Act, in relation to 
any matter, are made applicable for any purpose of any of the China or 
Japan Orders in Council, or of this Order, such Acts, Orders, forms, regula- 
tions or procedure shall be deemed applicable, so far only as the consti- 
tution and jurisdiction of the courts and the local circumstances permit ; 
and for the purpose of facilitating their application, they may be construed, 
or used with such alterations and adaptations not affecting the substance 
as may be necessary, and anything required to be done by or to any court, 
judge, officer, or authority may be done by or to a court, judge, officer, or 
authority having the like or analogous functions ; and the seal of the 
consular court may be substituted for any seal required by any such Act, 
Order, form, regulation or procedure, and in case any difficulty occurs in 
the application of any such Act, Order, form, regulation, or procedure, it 
shall be lawful for a Secretary of State to direct by and to whom and in 
what manner anything to be done under such Act, Order, or regulation, is 
to be done, and such Act or Order shall, in its application to matters arising 
under the China and Japan Orders in Council, or this Order, be construed 
accordingly, 

7. (1.) In cases of murder or manslaughter, if either the death or the 
criminal act which wholly or partly caused the death happened within 
the jurisdiction of a court acting under the China and Japan Orders iu 
Council or this Order, such court shall have the like jurisdiction over any 
person, being a British subject, who is charged either as the principal 
offender or as accessory before the fact to murder, or as accessory after the 
fact to murder or manslaughter, as if both such criminal act and the death 
had happened within such jurisdiction ; 

(2.) In the case of any crime committed on the high seas, or within, 
the admiralty jurisdiction, by any British subject on board a British ship, 

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TREATIES. xxvii 



China, Japan and Corea Order in Council, 



or on board a foreign ship to which he did not belong, a court acting under 
this Order shall have jurisdiction as if the crime had been committed 
within the district of such court. In cases tried under this article, no 
different sentence can be passed from the sentence which could be passed 
in England if the crime were tried there ; 

(3.) The foregoing jirovisions of this article shall be deemed to be 
adaptations for the purposes of this Order, and of " The Foreig-n Jurisdiction 
Act, 18*78," of the following enactments described in the first schedule to 
that Act (that is to say) : — 

"The Admiralty Offences (Colonial) Act, 1849 ;" 

" The Admiralty Offences (Colonial) Act, 1860 ;" 

" The Merchant Shipping Act, 1867," section 11. 

And the said enactments shall, so far as they are repealed and adapted 
by this article (but not further or otherwise), extend lo China, Japan and 
Corea. 

8. " The Fugitive Offenders Act, 188 ," shall apply, in relation to 
British subjects, to China, Japan and Corea respectively, as if such 
countries were British possessions, and for the purposes of part II of the 
said Act, and of this article, China, Japan and Corea shall be deemed to 
be one group of British possessions, and Her Majesty's Minister for China, 
Japan or Corea (as the case may be), shall have the powers of a governor 
or superior court of a British possession. 

9. Judicial notice shall be taken of the China and Japan Orders in 
Council and of this Order, and of the commencement thereof, and of the 
appointment of consuls or other officers, and of the constitution and limits 
of the consular courts and districts, and of consular seals and signatures, 
and of any rules or regulations made or in force under the China and 
Japan Orders in Council or this Order, and no proof shall be required of any 
such matters. 

The provisions of "The Evidence Act, 1851" (14 & 15 Vic, cap. 99), 
sections 7 and 11, relating to the proof of judicial and other documents, 
shall extend and be applied for all purposes as if the courts, districts and 
places to which the China and Japan Orders in Council or this Order 
applies were in a British colony. 

10. This Order shall come into operation at such time or times in 
China, Japan and Corea respectively as a Secretary of State, by a notice 
published in the London Gazette at or after the time of the publication 
therein of this Order, directs. 

11. This Order shall be published in China, Japan and Corea in such 
manner, and printed copies thereof shall be kept for sale at the consular 
courts there at such prices as a Secretary of State from time to time directs. 

And the Right Honorable the Earl Granville, one of Her Majesty's 
Principal Secretaries of State, and the Lords Commissioners of the 
Admiralty, are to give the necessary directions herein as to them may re- 
spectively appertain. 

C. L. PEEL. 

At 

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xxviii TREATIES. 



Siam Order in Council. 



AT THE COTTRT AT WINDSOR, THE 26th DAY OF JUNE, 1884. 

Present : 
THE queen's most EXCELLENT MAJESTY. 

Lord President, | Secretary, Sir William Vernon 

Lord Steward, | Harcourt, 

Mr. Gladstone. 

WHEREAS Her Mojjesty the Queen has power and jurisdiction within 
the dominions of the Kings of Siam and the territories of Chiengmai, 
Lakon, and Lampoonchi, belonging to Siam : 

Now, therefore, Her Majesty, by virtue and in exercise of the powers 
in this behalf by the Foreign Jurisdiction Acts, 1843 to 1878, and the Act 
of the session of the 20th and 2l8t of Her Majesty, cap. 75, and otherwise 
in her vested, is pleased, by and with the advice of Her Pri^-y Council, to 
order and it is hereby ordered as follows : ~ 

J. This Order may be cited as the " Siam Order in Council, 1884." 

2. Words in this Order have the same meanings (unless the subject or 
context otherwise requires as in the Siam (Foreign Jurisdiction Order in 
Council of 1856, the expression "the Siam Orders in Council 1856 to 
1876," or the expression the "said Orders in Council means the "Siam 
Foreign Jurisdiction " Order in Council of 1866 the Orders in Council 
relating to Siam, dated respectively the 1 2th September, 1863, and the 
10th November, 1866, and the JSiam (Foreign Jurisdiction) Order in 
Council of 1876 ; and the said Orders in Council and this present Order 
are included in the expression " the Siam Orders in Council." 

For all the purposes of any of the Siam Orders in Council, the ex- 
pression "Siam," or "the dominions of the Kings of Siam," or any equi- 
valent expression, includes the said territories of Chiengmai, Lakon and 
Lamjx)onchi 

The expression **the consul general" means Her Majesty's consul 
general at Bangkok. 

The expression " a Secretary of State " means one of Her Majesty's 
principal Secretaries of State. 

3 The consul general shall, on receipt of this Order, cause a printed 
copy thereof to be affixed and publicly exhibited in this court during one 
calendar month, and this Order shall come into operation on the expiration 
of one calendar month from the time when such copy is first so affixed and 
exhibited, but proof shall not in any proceeding or matter be required that 
the provisions of this article have been complied with, nor shall any act 
or proceeding be invalidated by any failure to comply with any of such 
provisions. 

4. A Consul or vice consul holding Iler Majesty's commission for Siam 
or any part thereof, or any person acting temporarily with the approval of 
a Secretary of State, or in case of emergency appointed temporarily by the 
consul general in w^riting as and for a consul or vi(*e consul as aforesaid, 
shall in and for such district as may be assigned by his commission, or by 

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TREATIES. xiix 



Siam Order in CounciL 



any direction of a Secretary of State, hold and form a consular court, here- 
inafter called a district court, and shall have a seal bearing the name or 
description of such district, or of the place at which the court is held. 

Every such district court shall, subject to the provisions of this Order^ 
have and exercise within its district all the powers and jurisdiction which 
can be exercised by the consul general under the Siam Orders in Council, 
and the treaties or agreements for the time being in force between G-reat 
Britain and Siam. 

6. An appeal may be brought from a judgment or order of a district 
court to the consul general in the like cases and in the like manner, and 
subject to the like regulations in, and subject to which an appeal can, 
under the said Orders in Council, be brought to the Supreme Court of the 
Straits Settlements ; and for the purposes of this article the provisions of 
the said Orders in Council shall have effect as if such district court were 
therein mentioned instead of the consul general, and as if the consul gen- 
eral were therein mentioned instead of the said Supreme Court. 

For the purposes of hearing and determining any such appeal, the 
consul general may proceed in the same manner, and shall have the same 
powers as if the appeal were an original proceeding instituted in his court, 
and he shall certify his decision to the district court, which shall give 
effect thereto. 

6. Where an appeal is brought under this Order to the court of the 
consul general, a further appeal shall lie to the Supreme Court of the 
Straits Settlements in the like cases and manner and on the like grounds 
and conditions in and on which an appeal can under the said Orders in 
Council be brought from the consul general to the said Supreme Court. 

7. In every case in which, under the said Orders in Council, a report 
of any proceedings, order, judgment or sentence is directed to be made to 
Her Majesty's principal Secretarj'^ of State for Foreign Affairs, such report, 
if made by a district court, shall be transmitted through the consul gen- 
eral, who shall transmit therewith his observations and recommendation 
(if any) in the matter. 

8. The power of deportation under the said Order in Council shall not 
be exercised by a district court without the approbation in writing of the 
consul general. 

9. Any rules, regulations, rules of practice, or tables or rates of fees 
made by a district court under this Order, shall not have any effect unless 
approved in writing by the consul general, and shall also be subject to the 
provisions of the said Orders in Council with respect to allowance or dis- 
allowance by a Secretary of State, in the same cases and manner as rules 
or regulations made by the consul general. 

10. Every court acting under the Siam Orders in Council shall have 
power to re-hear any civil matter, and to review its judgments or orders 
in any case in whicn, in the opinion of the court, justice so requires, on 
such terms as to costs and otherwise as the court thinks just. 

11. In any matter in which an appeal lies as of right or otherwise 
from any court acting under the Siam Orders in Council to the Supreme 
Court of the Straits Settlements, it shall be lawful for that Supreme Court, 
by special leave, to enlarge the time for appealing or to permit an appeal 

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Siam Order in Council. 



to be brought on such terms as to costs or otherwise as it thinks fit, 
although the time limited for appeal has elapsed, or any other formal 
requisite for an appeal has not been complied with. 

12. The Governor in Council of the Straits Settlements shall have 
pow^er, in the name of Her Majesty, to remit in whole or in part any 
sentence passed by a court exercising criminal jurisdiction under the Siam 
Orders in Council, and every such court shall give eflFect to any such 
remission. 

13. Every court acting under the Siam Orders in Council (including 
the Supreme Court of the Straits Settlements in the exercise of concurrent 
jurisdiction under the Siam Orders in Council) shall be a court of bank- 
ruptcy, and as such shall, so far as circumstanc<*s admit, have with respect 
to British subjects and to Siamese subjects or foreigners submitting to 
the jurisdiction of the court any such civil jurisdiction in bankruptcy 
within the district of such court as c^an be exercised by any court exercis- 
ing bankruptcy jurisdiction in the Straits Settlements. 

14. With the consent of the government of the King of Siam, and at 
the request to the consul-general, a judge oi the Supreme Court of the 
Straits Settlements may exercise at Bangkok or elsewhere within Siam any 
such civil or criminal jurisdiction as can, under the Siam Orders in Council, 
be exercised in Siam by the consul-general or a consul or vice-consul, or 
as can, under the said Orders in Council, or the Foreign Jurisdiction Acts, 
or any acts of Parliament relating to 6iam or to the fcJtraits Settlements, be 
exercised at Singapore or elsewhere in the Straits Settlements by the 
Supreme Court of the Straits Settlements in relation to the crimes com- 
mitted or matters arising in Siam ; and a judge acting in Siam in pursuance 
of this article may pass any sentence or give any judgment or make any 
order which could be passed, given, or made by the said Supreme Court 
in relation to the same offence or matter, and for the purposes of the 6th 
section of *'The Foreign Jurisdiction Act, 1843," (or any enactment for the 
time being in force amending or substituted for that section) in relation to 
the execution of sentences, the colony of the Straits Settlements is hereby 
appointed as a colony in which any sentence so passed may be executed. 

An appeal may be brought from a judgment or order of a judge acting 
under this article in the like cases and in the like manner (mutatis mutandis) 
in which an appeal might be brought if such judgment or order were 
given or made by the consul-general. 

15. Where, in pursuance of the IXth article of the treaty between 
Great Britain and Siam, dated the 3rd September 1883, an appeal is 
brought to Bangkok from any Siamese judge or judges, commissioner or 
commissioners, the consul-general shall take such steps as may be neces- 
sary or as may be directed by a Secretary of State in order that the final 
decision on appeal may be recorded at Bangkok and duly transmitted to 
the court from which the appeal is brought, and in order that effect may 
be given thereto by such court. 

16. Where, by virtue of the Siam Orders in Council or otherwise, any 
Imperial Acts are applicable in Siam, or any forms, regulations, or procedure 
prescribed or established by or under any such Order or Act in relation to 
any matter are made applicable to any other matter, such Acts, forms, 

regulations, 



TBEATIES. xxxi 



Siam Order in Council. 



regulations, or procedure shall be deemed applicable so far only as the 
constitution and jurisdiction of the courts acting under the Orders and the 
local circumstances permit, and for the purpose of facilitating their applica- 
tion that may be construed or used with such alterations and adapta- 
tions not affecting the substance as may be necessary, and anything 
required to be done by or to any court, judge, officer or authority, may be 
done by or to a court, judge, officer or authority, having the like or analo- 
gous functions ; and the seal of the court may be substituted for any seal 
required by any such Act, form, regulation, or procedure. 

17. (1 ) In cases of murder or manslaughter, if either the death or the 
criminal act which wholly or partly caused the death happened within 
the jurisdiction of a court acting under this Order, such court shall have 
the iike jurisdiction over any British subject who is charged either as the 
principal offender or as accessory before the fact to murder, or as accessory 
after the fact to murder or manslaughter, as if both such criminal act and 
the death had happened within such jurisdiction : 

(2.) In the case of any crime committed on the high seas, or within 
the admiralty jurisdiction, by any British subject on board a British ship, 
or on board a foreign ship to which he did not belong, a court acting 
under this order shall have jurisdiction as if the crime had been committed 
within the district of such court : 

(3.) In cases tried under this article, no different sentence can be 
passed from the sentence which could be passed in England if the crime 
were tried there : 

(4.) The foregoing provisions of this article shall be deemed to be 
adaptations, for the purposes of this Order and of " The Foreign Jurisdic- 
tion, Act, 1878," of the following enactments described in the first 
schedule to that Act (that is to say) : — 

" The Admiralty Offences (Colonial) Act, 1849." 
" The Admiralty Offences (Colonial) Act, 1860." 
"The Merchant Shipping Act, 1867," section 11. 

And the said enactments shall, so far as they are repeated and adopted 
by this article (but not further or otherwise), extend to all places to which 
this order applies. 

18. "The Fugitive Offenders Act, 1881," shall, with respect to British 
subjects, apply to all places to which this order applies, as if such places 
were British possessions, and for the purposes of part II of the said Act 
and of this article, all the places to which this Order for the time being 
applies, and the Straits Settlements, shall, for the purposes of part II of 
the said Act, be deemed to be one group of British possessions, and the 
consul shall, as regards any place within his jurisdiction, have the powers 
of a Grovemor or Superior Court of a British possession. 

19. Kules and forms of procedure in civil and criminal matters in any 
court acting under the Siam Orders in Council, may, from time to tfme, be 
made and prescribed by the Consul General, subject to the provisions of 
the said Orders ; but no such rules or forms shall come into operation uutil 
they have been approved, with or without alteration, by a Secretary of 
State ; provided that — 

(1) 



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xxxii TREATIES. 



Siam Order in Council, Sec 



(1.) Any such rules or forms, if and as provisionally approved, with 
or without alteration, by the Chief Justice of the Supreme Court of the 
Straits Settlements, shall have effect pending approval or disapproval by 
a Secretary of Slate. 

(2.) Until rules and forms have been made and approved, or pro- 
visionally approved, under this article in relation to any matter, any rules 
or forms heretofore in force or used in the court of the Consul G-eneral, or 
in the Supreme Court of the Straits Settlements, or in the Consular Courts 
of Shanghae or Japan, may be observed and used in any court acting under 
this Order, with such modifications as circumstances require. 

20. For all the purposes of the Siam Orders in Council the expression 
'' British subject " includes every person for the time being properly 
enjoying Her Majesty's protection in Siam, in so far as by treaty, capitula- 
tion, grant, usage, suffrage or other lawful means. Her Majesty has juris- 
diction in Siam in relation to such persons. 

And the Bight Honorable the Earl Granville and the Right Hon- 
orable the Earl of Kimberley, two of Her Majesty's Principal Secretaries 
of State, and the Lords Commissioners of the Admiralty are to give the 
the necessary directions herein as to them may respectively appertain, 

C. L. PEEL. 



By the Queen. 
A PROCLAMATION. 

Victoria R. 

WHEREAS by an Act passed in the thirty-third year of Our reign, in- 
tituled : *'An Act to consolidate and amend the law relating to the 
Coinage and Her Majesty's Mint," it is amongst other things enacted : 

That we, by and^with the advice of our Privy Council, shall, fironi 
time to time, by proclamation, determine the design for any coin : 

We have, therefore, thought fit to order that certain oi the coins made 
at the mint, mentioned in the first schedule to the aforesaid Act, of th.e 
weight and fineness specified in that schedule, shall bear designs sls 
follows : — 

That every five-pound piece should have for the obverse impressioix 
our effigy, with the inscription "Victoria D. Gr. Britt : Reg : F. D.," and 
for the reverse the image of St. Q-eorge armed, sitting on horse-back, at- 
tacking the dragon with a sword, and a broken spear upon the grouad, 
and the date of the year, with a graining upon the edge ; and that every two- 
pound piece should have the same obverse and reverse impression and 
inscription in all respects as the five-pound piece, with the graining upon. 
the edge ; and that every sovereign should have the same obverse and reverse 
impression and inscription in all respects as the five-pound piece, with, a 
graining upon the edge ; and that every half-sovereign should have for 
the obverse impression the aforesaid effigy, with the inscription **VictariaL 
Dei Gratia," and for the reverse the ensigns armorial of the United £ang>- 

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Coinage. 



dom contained in a garnished shield snrmounted by the royal crown, with 
the inscription "Britanniarum Regina Fid : Def :" and the date of the year, 
with a graining upon the edge ; and that every crown should have the 
same obverse and reverse impression and inscription in all respects as the 
five-pound piece, with a graining upon the edge ; and that every half- 
crown should have for the obverse impression the aforesaid effigy, with 
the inscription " Victoria Dei Gratia," and for the reverse the ensigns ar- 
morial of the United Kingdom contained in a plain shield surrounded by 
the garter bearing the motto; " Honi soit qui mal y pense," and the collar 
of the garter with the inscription " Britanniarum Regina Fid : Def : " and 
the date of the year, with a graining upon the edge ; and that every florin 
should have for the obverse impression the aforesaid effigy, with the in- 
scription "Victoria Dei G-ratia," and for the reverse the ensigns armorial 
of the United Kingdom contained in four shields arranged crosswise, 
each shield crowned, and between the shields four sceptres surmounted 
by orbs, a thistle, and a harp, and a star of the garter in the centre, with 
the inscription "Brit: Reg: Fid: Def:" and the date of the year, 
with a graining upon the edge ; and that every shilling should have for 
the obverse impression the aforesaid effigy, with the inscription " Victoria 
Dei Gratia Britt : Regina F. D.," and for the reverse the ensigns armorial 
of the United Kingdom contained in a plain shield surrounded by the 
garter bearing the motto : " Honi soit qui mal y pense," and the date of the 
year with a graining upon the edge; and that every sixpence should 
have the same obverse and reverse impression and inscription in all re- 
spects as the shilling, with a graining upon the edge ; and that certain 
other pieces of silver money called " The Queen's Maundy Monies," of 
fourpence, threepence, twopence and one penny, should have for the ob- 
verse impression the aforesaid effigy, with the inscription "Victoria Dei 
Gratia Britt: Regina F D.," and for the reverse the respective figures " 4.'* 
" 3," " 2," " 1," ( according to the denomination or value of the piece) in 
the centre, with the date of the year placed across the figures, and en- 
circled by an oak wreath surmounted by the royal crown, with a plain 
edge : 

And whereas by the aforesaid Act it is also enacted, that it shall be 
lawful for us, by and with the advice of Our Privy Council, from time to 
time by proclamation, to determine the denominations of coins to be coined 
at the mint, and it is by the said Act provided that any coin of gold, silver, 
or bronze, of any other denomination than that of the coins mentioned in 
the first schedule to the aforesaid Act, which is hereinafter coined at the 
mint, shall be of a weight and fineness specified in that, schedule as the 
denomination of such coin bears to the denominations mentioned in that 
schedule ; ' 

TVe have, therefore, further thought fit] to order that a new coin, to 
be called a double-florin, should be coined, of the standard weight of 
34909090 grains, and of the fineness of thirty-seven-fortieths fine silver 
and three- fortieths of alloy, and should pass and be received as current and 
lawful money of the United Kingdom of G-reat Britain and Ireland, at the 
rate of four shillings or one-fifth of a pound ; and that every such coin 

VOL. I— c should 

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xxxiv TREATIES, &c. 



Coinage, SfC, 



should have the same observe and reverse impression and inscription in 
all respects as the florin, with a graining upon the edge. 

And w^hereas pieces of money of the above descriptions respectively 
have been coined at our mint, and will be coined there in pursuance of 
orders which we have given for that purpose, we have, therefore, by and 
with the advice of Our Privy Council, thought fit to issue this Our Koyal 
Proclamation, and we do hereby ordain, declare, and <*ommandthat the said 
pieces of money respectively so coined, and to be coined as aforesaid, shall 
be current and lawful money of the United Kingdom of Great Britain and 
Ireland, and that this Our Royal Proclamation shall come into operation 
on the date hereof. 

Griven at our Court at Windsor, this thirteenth day of May, in the'year 
of Our Lord one thousand eight hundred and eighty-seven, and jn the 
fiftieth year of Our Reign. 

(50D SAVE THE QUEEN. 



AT THE COURT AT WINDSOR, THE 12x11 DAY OF JULY, 188T. 

Present : 

THE QUEEN'hi most EXCELLENT MAJESTY IN COUNCIL. 

WHEREAS by the " Foreign Deserters Act, 1852," it is provided that 
whenever it is made to appear to Her Majesty that due facilities are 
or will be given for recovering and apprehending seamen who desert from 
British merchant ships in the territories of any foreign power. Her Majesty 
may, by Order in Council stating that such facilities are or will be given, 
declare that seamen, not being slaves, who desert from merchant ships 
belonging to a subject of such power, when within Her Majesty's 
dominions, shall be liable to be apprehended, and carried on board their 
respective ships, and may limit the operation of such Order, and may 
render the operation thereof subject to such conditions and qualifications,, 
if any, as may be deemed expedient ; 

And whereas it has been made to appear to Her Majesty that due 
facilities will be given for recovering and apprehending seamen who desert 
from British merchant ships in the dominions and possessions of Hi& 
Majesty the King of the Hellenes : 

Now, therefore. Her Majesty, by virtue of the power vested in Her by 
the said " Foreign Deserters Act, 1852," and by and with the advice of 
Her Privy Council, is pleased to order and declare, and it is hereby ordered 
and declared, that from and after the publication hereof in the London 
Gazette, seamen, not being slaves, and not being British subjects, who 
•within Her Majesty's dominions,, desert from merchant ships belonging to 
subjects of His Majesty the King of the Hellenes, shall be liable to be 
apprehended and carried on board their respective ships: Provided 
always, that if any such deserter has committed any crime in Her Majesty's 
dominions, he may be detained till he has been tried by a competent court, 
and until his sentence, if any, has been carried into effect. ^ j 

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TREATIES, &c. mv 



Foreign Deserters Act, SfC, 



And the Secretary of State for the Home Department, the Secretary of 
State for the Colonies, and the Secretary of State for India in Council, are 
to give the necessary directions herein accordingly. 

C. L. PEEL. 



AT THE COURT AT OSBORNE HOUSE, ISLE OF WIGHT, THE 
29th day OF DECEMBER, 1887. 

Present : 

THE queen's most EXCELLENT MAJESTY IN COUNCIL. 

WHEREAS by the " Foreign Deserters Act, 1852," it is provided that 
whenever it is made to appear to Her Majesty that due facilities are 
or will be giving for recovering and apprehending seamen who desert from 
British m.erchant ships in the territories of any foreign power. Her Majesty 
may, by Order in Council stating that such facilities are or will be given, 
declare that seamen, not being slaves, who desert from merchant ships 
belonging to a subject of such power when within Her Majesty's dominions 
shall be liable to be apprehended and carried on board their respective 
ships, and may limit the operation of such Order, and may render the 
operation thereof subject to such conditions and qualifications, if any, as 
may be deemed expedient : 

And whereas it has been made to apx>ear to Her Majesty that due 
facilities for recovering and apprehending seamen who desert from British 
merchant ships in the territories of the Republic of Paraguay will be given 
under a treaty between the Governments of Grreat Britain and Paraguay 
signed at Assumption on the 16th October, 1884 : 

Now, therefore. Her Majesty, by virtue of the powers vested in Her 
by the said "Foreign Deserters Act, 1862," and by and with the advice 
of Her Privy Council, is pleased to order and declare, and it is hereby ordered 
and declared, that, from and after the publication hereof in the London 
Oazette, seamen not being slaves (and not being British subjects), who 
desert from merchant ships belonging to the Republic of Paraguay 
within Her Majesty's dominions shall be liable to be apprehended and 
carried on board their respective ships. Provided always, that if any such 
deserter has committed any crime in Her Majesty's dominions he may be 
detained until he has been tried by a competent court, and until his 
sentence (if any) has been fully carried into eflfect. 

And the Secretary of State for the Home Department, the Secretary of 
State for the Colonies, and the Secretary of State for India in Council, are 
to give the necessary directions herein accordingly. 

0. L. PEEL. 



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XXXVl 



TREATIES, &c. 



The Coinage. 



AT THE COURT AT WINDSOR, THE 28th DAY OF NOVEMBER, 1887. 

Present : 

THE queen's most EXCELLENT MAJESTY IN COUNCIL. 

If/ IIEREAS there was this day read at the Board the draft of a proclama- 
VV tion for giving currency to certain silver coins, called " sixpences," 
with a new design therein described : 

Her Majesty, having taken the same into consideration, was pleased, 
by and with the advice of Her Privy Council, to approve thereof, and to 
order, and it is hereby ordered, that the coins described in the proclama- 
tion be coined at Her Majesty's mint. 

And the Lords Commissioners of Her Majesty's Treasury are to give 
the necessary directions accordingly. 

C. L. PEEL. 

(Draft Proclamation referred to in the foregoing Order.) 
By the Queen. 

A PROCLAMATION. 

WHEREAS by *'The Coinage Act, 1870," it is (amongst other things) 
enacted that it shall be lawful for Us by and with the advice of Our 
Privy Council, from time to time by proclamation, to determine the design 
for any coin. 

Now, therefore, we have, by and with the advice of our Privy 
Council, thought fit to determine and do order that certain coins called 
*' sixpences," made and to be made at the mint, and mentioned in the first 
schedule to the aforesaid Act, of the weight and fineness specified in that 
echedule, shall bear designs as follows: — 

For the obverse impression our effigy with the inscription ** Victoria 
Dei Gratia Britt : ReginaF.D.," and for the reverse the words " Six Pence " 
plaoed in the centre of the piece, having an olive branch on one side and. 
an oak branch on the other, surmounted by the royal crown, and the 
date of the year between and below the branches, and a graining ujkhx 
the edge. 

And whereas coins of the above description have been coined at Our 
mint, and will be coined there in pursuance of orders which we ha^re 
given for that purpose, we have, therefore, by and with the advice of Oixr 
Frivy Council, thought fit to issue this Our Royal Proclamation, and w^e 
do hereby ordain, declare, and command that the said coins so coined, and. 
to be coined as aforesaid, shall be current and lawful money of the United. 
Kingdom of Grreat Britain and Ireland, and that this Our Royal Proclamat- 
tion shall come into operation forthwith on the date thereof. 

Given at Our Court at Windsor, this twenty-eighth day of November, 
in the year of Our Lord one thousand eight hundred and eighty-seven, 
and in the fifty-first year of Our reign. 

GOD SAVE the QUEEN. 



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XXXYll 



Superannuation . 



RULES UNDER SECTION 6 OF THE SUPER ANN UATION ACT, 188Y. 

CoVY nf the Rules drawn up by the Treasury under Clause 6 of the Super- 
annuation Acts Amendment Bill of this Session, 

WHEREAS by the Superannuation Act, 1887, the Commissioners of 
Her Majesty's Treasury are authorized to frame rules as to the 
conditions on which any civil employment of profit under any public 
department or any employment of profit under the Government of any 
British possession, or any employment under the Grovernment of any 
foreign state, may be accepted by any person who is in receipt of any 
sum granted by Parliament for the pay, half-pay or retired pay of officers 
of Her Majesty's naval or military forces, regular or auxiliary, or other- 
wise, for past service in such forces ; or who has commuted the right to 
receive the same or has retired with a gratuity, and otherwise, as in the 
said Act mentioned : 

And whereas the general principle adopted by Parliament has been 
that where any person receiving non-effective pay on account of service 
to the State accepts fresh State employment, the State should benefit by 
some saving upon the sums otherwise payable to such person on account 
of his non-effective pay and of the emoluments of his fresh employment : 
And whereas such saving has been heretofore effected by means of a 
reduction of the non-effective pay, and it appears to the Commissioners of 
Her Majesty's Treasury expedient that in the case of officers accepting 
certain civil employments of profit, such saving should be effected by 
reduction of the emoluments of the fresh employment instead of by 
reduction of the non-effective pay : 

Now, therefore, the Commissioners of Her Majesty's Treasury, in pur- 
suance of the powers conferred on them by the Superannuation Act, 1887, 
and of every other power enabling them in this behalf, do hereby make 
the following rules : — 
In these rules : — 

1. (a.) The expression " non-effective pay," shall mean any half-pay 
or retired pay, or other payment granted by Parliament for officers in Her 
Majesty's naval or land forces, on account of past service in some portion 
of those forces, but does not include rewards for distinguished or meritori- 
ous services, nor pensions for wounds ; 

(b.) The expression ** civil employment of profit under any public 
department," means any employment the profits of which are derived 
from any of the following funds which are hereby declared to be public 
funds, viz : — 

(a.) The Consolidated Fund ; 

(b.) Money voted by Parliament, or receipts taken in reduction of 

such money ; 
(c ) Land or hereditary revenues of the Crown ; 
(d ) Crown revenue of the Channel Islands ; 
(e.) Mercantile Marine Fund ; 
(/*.) Funds of Greenwich or Chelsea Hospital ; 

(5-.) 

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(g.) Any other fund which, either from its being administered 

by a public department, or from its receiving a contribution 

out of any of the above mentioned funds, the Treasury may, 

from time to time, determine to be a public fund ; 

but does not include any such employment as the Treasury, having regard 

to the regulations of the Admiralty and the War Department, determine to 

be a naval or military employment ; 

(c.) The expression "naval " shall include ** marine,*' and the expres- 
sion " navy " shall include the marines ; 

(rf.) The expression " officer " shall mean any offi(;er who holds or has 
retired from a commission in any of the Imperial forces, or who has retired 
with a gratuity or upon non-effective pay, whether he have commuted 
such non-effective pay or not ; 

(e.) The expression " Imperial forces " means Her Majesty's Imperial 
naval or land forces ; 

(/.) The expression ** Colonial Government " means the Government 
of any Colony, and includes the Government of Cyprus ; 

{ff,) Other expressions have the same meaning as in the Superannuation 
Act, 1887. 

I, ^^ Acceptance of Office. 

2. An officer who is on the half-pay or retired list, or who has com- 
muted his non-effective pay, or retired from the Imperial forces with a 
gratuity, before accepting any civil employment or profit under any 
publi<- department or any employment of profit under the Government of 
any British possession, or any employment under the Government of 
any foreign State, shall obtain the consent of the Admiralty or tne War 
Department, as the case may be, and the continuance of such consent, 
shall be a condition of his holding such employment ; and such consent, 
when given and a withdrawal of such consent, shall be communicated by 
the giver to the Treasury. 

3. If any officer fail to obtain such consent, or if he continues to hold 
such employment after the consent is withdrawn, he shall be liable to 
have his non-effective pay suspended or reduced, either permanently or 
temporarily, according as the Treasury may direct, and if he have commuted 
such pay or retired with a gratuity, shall be liable to pay to Her Majesty 
the amount of commutation money or gTatuity, or such portion thereof as 
the Treasury may direct. 

//. — Receipt of Naval or Militari/ Non-effective Pay by an Officer holding a 

Civil Employment of Profit, 

4. If any such officer as is mentioned in rule 2 accept any civil em- 
ployment of profit under any public department (other than in Her 
Majesty household) and such officer either continues whilst holding the 
said employment to draw any non-eflfective pay, or has commuted such pay, 
or has retired with a gratuity from navy or army funds, the profits of his 
civil employment shall be subject to abatement under the following con- 
ditions : — 

(a.) 

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Superannuallon, 



(a.) If the annual amount of his non-effective pay, whether in actual 
course of payment or commuted or represented by a gratuity valued as 
hereinafter mentioned, and the profits of his civil employment together 
exceeds i^400 per annum, the profits of his civil employment shall be 
abated by such an amount, not being less than 10 per cent, thereof, as may 
be determined by the Treasury in concert with the department employing 
the officer ; provided that no abatement shall be made by reason of this 
rule, which exceeds the amount of the officer's non-effective pay or reduc es 
his total emoluments to less than c£400 per annum ; 

{b.) For the purposes of sub-section (a) the annual value of non- 
effective pay which has been commuted shall be the amount of such pay 
at the time of commutation, and the value of a gratuity shall be determin- 
ed, actuarially, according to the prospects of life of the officer at the date of 
bis receipt of such gratuity. 

5. (1,) It shall be competent to the Treasury, on the recommendation 
of the Admiralty or War Department, as the case may be, from time to 
time to exempt any civil employment under a naval or military depart- 
ment, from the operation of rule 4, or to bring the same back within its 
operation : 

(^.) It shall be competent to the Treasury from time to time to exempt 
any other civil employment from the operation of rule 4, for such time as 
they may deem fit, on the ground of such employment being of a temporary 
or casual character, or of its profits being petty or uncertain, or of the 
nature of fees for piecework. 

6. In case of doubt arising either as to whether the funds from which 
the profits of a civil employment are derived are public funds or as to 
what is, for the purposes of rule 4, the annual value of non-effective pay, 
or of a gratuity, or of the profits of a civil employment, the dec^ision on the 
point shall rest with the Treasury. 

7. No such officer as is mentioned in rule 2 shall accept any civil 
employment of profit under any public department, otherwise than on 
condition that no pension shall be granted to him in respect of that em- 
ployment, which, when added to his non-effective pay, shall exceed two 
thirds of the emoluments of that employment, or a total of X 1,000 a year, 
whichever may be the greater. 

But,^f such officer's civil employment have been declared, by order 
under section 4 of the Superannuation Act, 185^, to be a professional 
office, he may, subject to the above limitation of the amount of pension, 
elect on his retirement : 

(a.) Either to retain his non-effective pay, together with a pension 
calculated on his actual service in the professional office ; or — 

(6.) To relinquish his non-effective pay, and to receive a pension 
calculated on his actual service in the professional office, together with 
the addition of years granted by the order. 

8. Nothing in these rules shall abridge or supersede any power of 
abatement of an officer's non-effective pay or emoluments possessed in 
other respects by the Treasury, or by any other public department. 

9. A return shall be laid before Parliament in every year of the 
number of officers who, having non-effective pay, or having commuted 

their 

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xl TREATIES, &c. 



Superannuation, 



their non-effective pay, or having retired on a gcratuity from navy or army 
funds, have been granted by the Admiralty or War Department permission, 
under rule 2, to hold any civil employment of profit under a public 
department, specifying the names of such officers and the respective 
amounts of their non-effective pay and their emoluments, and the abate- 
ment, if any, made therefrom, and distinguishing the officers to whom 
such permission has been granted since the conclusion of last return. 

Ill, — Emplot/nient of naval or military officers by colonial Governments, eX' 
elusive of the Government of India. 

10. If an officer on the active list now holds, or shall hereafter accept, 
any employment of profit under any Colonial Government, not remuner- 
ated out of Imperial funds, he shall draw no pay, effective or non-effective, 
from Imperial funds so long as he holds that employment ; but if his 
employment appears to the Admiralty or War Department to be of a nature 
to afford practical experience likely to be afterwards of public advantage 
in the event of his return to Imperial service, his service under the Colonial 
Government may, if the Admiralty or War Department think fit, count 
towards promotion and retirement, as though it were service in the 
Imperial forces, and in that case tlfe retired pay earned by his colonial 
service whilst he remains on the said active list in due course be charge- 
able on Imperial funds. 

11. An officer on the active list shall accept and hold any employment 
of profit under a Colonial Government on condition only that the employ- 
ment does not, in the absence of exceptional circ^umstances, last for a period 
exceeding five years, and is not renewed. 

12. If an officer retire from the Imperial forces whilst he holds an 
employment of profit under a Colonial Government, he may at once draw 
so much of his retired pay as was earned by Imperial service before his 
entering the (^olonial service ; and upon his retirement from the colonial 
service lie may also draw the retired pay earned by so much of his colonial 
service as preceded his retirement from the Imperial forces*. 

13. If an officer on the retired list now holds, or shall hereafter accept, 
an employment of profit under a colonial Government, his retired pay, eveu 
though earned by mixed Imperial and colonial service, shal^ not be 
suspended in whole or in part, by reason of such employment, unless the 
Admiralty or War Department think fit otherwise to order ; and any such 
order may be carried into eftect. 

14. Service under a colonial Government subsequent to an officer's 
retirement from the Imperial forces, shall not increase the charge for his 
non-effec^tive pay upon Imperial funds. 

IV — Saving Clauses 

15. If any officer who is on the half-pay or retired list, or who has 
commuted his non-effective pay, or retired from the Imperial forces, with 

• This rale correspondg with a concession mafle by the Treasurj in a letter to the War Depart- 
ment, dated 19lh Xoveinber, 188<>, and acted apoo in certain cased r.om nut earlier than that date \,vi<i^ 
pages 34-5 of Sessional Paper (85) of 1887). 



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TREATIES, &c. xli 

Superannuation. 



a grratnity, accepts or holds any civil employment of profit under any 
public department, or any employment under the Government of any 
British possession, and is not subject to rule 4, or is not subject to rules 
18 to 34, both inclusive, he shall accept and hold such employment on con- 
dition that he does not receive any part of any sum granted for non-effec- 
tive pay for any time during which he holds such employment, except 
as hereafter mentioned, that is to say : 

(a.) If the appointment is in Her Majesty's household, he may receive 
the full amount of his non-effective pay : 

(ft.) If the annual emoluments of the employment do not exceed three 
times the amount of the highest rate of non-effective pay attached to the 
rank, by virtue of which he claims to receive non-effective pay, such per- 
son may, with Her Majesty's pleasure to that effect, signified by the 
Treasury through one of Her Majesty's Principal Secretaries of State, receive 
the non-effective pay to which he would be entitled if he held no such 
employment of profit : 

{c.) Where the annual emoluments of the employment exceed three 
times the amount of such highest rate of non-effective pay as aforesaid^ 
but fall short of four times such amount, the holder of such employment 
may, with Her Majesty's pleasure, signified in the manner aforesaid, receive 
so much non-effective pay as, added to the emoluments of his employment, 
will together make up four times the amount of such non-effective pay. 

16. In the case of any officer who has accepted any employment before 
the x>assing of the Superannuation Act, 1887, the foregoing rules shall not, 
without his consent, apply to him so far as respects that employment, and 
if he does not so consent, the law and regulations applying to such officer 
immediately before such passing shall continue to apply to him so far as 
Te6i)ects that employment. 

Treasury, September, 1887. 



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ORDERS m COUNCIL, 



PROCLAMATIONS AND OTHER DOCUMENTS 



ISSUED 



UNDER AUTHORITY OF LAW. 




OTTAWA: 

PRINTED BY BROWN CHAMBERLIN, 
LAW PRINTER TO THE QUEEN'S MOST EXCELLENT MAJESTY, 

ANKO DOMINI, ISSS. 



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ORDERS IN COUNCIL, &e. 



CA.N^D^. 



Governor General, 



By an Order in Council, bearing date Wednesday, 6th day of July, 
188Y, His Excellency the Grovernor General in Council declared his disal- 
lowance of the Acts passed by the Lieutenant Grovernor of the Province 
of Manitoba, with the Legislative Assembly of that Province, namely : — 

Bill No. 5, " An Act respecting the construction of the Red River 
Yalley Railway," on the 1st of June, 1887 ; 

Bill No. 81, " An Act to amend the Public Works Act of Manitoba," 
on the 10th of June, 1887. 

Vide Canada Gazette, Yol. XXI, p. 92. 

By an Order in Council, bearing date Monday, 18th day of July, 1887, 
His Excellency the Grovernor Greneral in Council declared his disallowance 
of the Act passed by the Lieutenant Governor of Manitoba, with the 
Legislative Assembly of that Province, on the 10th day of June, 1887, in- 
tituled : " An Act for further'improving the law," numbered 68. 

Vide Canada Gazette, Vol. XXI, p. 140. 

By an Order in Council, bearing date Tuesday, 19th day of July, 1887, 
His Excellency the Governor General, by and with the advice of the Privy 
Council, declared his disallowance of the Act passed by the Lieutenant 
Governor of the Province of Quebec, with the Legislative Council and 
Assembly of that Province on the 2l8t day of June, A.D. 1886, intituled : 
" An Act respecting the Executive Power." 

Vide Canada Gazette, Vol. XXI, p. 218. 



By an Order in Council, bearing date Tuesday, 9th August, 1887, His 
Excellency the Governor General in Council declared his disallowance of 
the Acts, passed by the Lieutenant Governor of the Province of Manitoba, 
with the Legislative Assembly of that Province, namely : — 

Bill No. 1, "An Act to incorporate the Manitoba Central Railway- 
Company," assented to on 19th April, 1887 ; 

Bill No. 2, ** An Act to incorporate the Winnipeg and Southern Rail- 
way Company," assented to 19th April, 1887, and — 

Bill No. 54, " An Act to incorporate the Emerson and North- Western 
Railway Company," assented to 10th June, 1887. 

Vide Canada Gazette, Vol. XXI, p. 405. 



•Thii and following Orders in Council are b^ing consolidated and published in a separate book, 
whieb, after it^ publication, should, for greater accuracy, be consulted. 



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ORDERS IN COUNCIL, &o. xlv 



Agriculture, 



Agriculltire, 

By a Proclamation, bearing dated 18th July, 1887, under authority of 
the Revised Statutes of Canada, Chap. 68, the Quarantine Regulations con- 
tained in the Proclamation dated the 3rd of August A.D. 1876, were re- 
scinded, and the following revised and amended Regulations relating to 
quarantine for vessels arriving in the Dominion of Canada, supplementary 
to the Reffulations established by the Proclamations dated the 23rd day 
of May, A.D. 1868, and the 2lKt day of January, A.D. 1873, were put in 
force, that is to say : — 

For Steamships or Sailing Vessels by the St,^uiorence. 

1. Every steamship or sailing vessel from any port outside of Canada 
toming to Canada by way of the St. Lawrence, shall be inspected by a 
duly appointed Quarantine Medical Officer before passing Grrosse Isle, and 
shall not proceed or be allowed to proceed on her voyage until she receives 
a clean bill of health ; with the exception that — 

2. Each of the steamships conveying Her Majesty's mails, shall be met 
and inspected by a Quarantine Medical Officer at the Port of Rimouski, 
and a clean bill of health from such officer shall be equivalent to a clean 
bill of health granted by the Quarantine Officer at Grosse Isle, such mail 
vessels being amenable in all other respects, to the Quarantine Regulations. 

8. No passenger nor any other person shall be allowed to land from any 
mail steamship at Rimouski until declared, by the Quarantine Officer, free 
from infectious disease or well founded suspicions thereof, nor unless the 
said officer is satisfied that such person may be allowed to land without 
danger to the public health. 

4. Any person or persons ill with cholera, small-pox or other con- 
tagious disease, as defined in the Quarantine Regulations under the Pro* 
clamation of 23rd May, 1868, shall be landed at G^rosse Isle for treatment, 
and the vessel disinfected and allowed to proceed or be detained in such 
manner as may be deemed expedient by the Medical Officer for the pro- 
tection of the public healthy under the provisions of the said Quarantine 
Regulations. 

5. No steerage passenger shall be allowed to pass the inspection 
stations, — that is Rimouski for the mail steamships, and G-rosse Isle for all 
other vessels, — without furnishing evidence to the satisfaction of the 
Quarantine Medical Officer of having being vaccinated within the seven 
previous years, or having had the small-pox within that period ; and, in 
case the small-pox has occurred in any vessel during the voyage, this 
regulation shall also apply to every person on board. The production of a 
certificate by a ship's surgeon, called '* a protection card," and his testimony 
"under oath verifying the truth of such certificate, may be taken by the 
Quarantine Medical Officer as evidence of such vaccination and protection. 
The Quarantine Medical Officer shall, however, from time to time, make 
personal examination of holders of such certificates to satisfy himself of 
the manner in which they have been issued. 



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xlTi ORDERS IN COUNCIL, &c. 

AgricuUure. 

6. Any person to whom the definitions in the next preceding section 
would apply as not having shown satisfactory evidence of having been 
vaccinated within the seven previous years, or having had the small-pox 
within that period, in accordance with the requirements of such section, 
shall be vaccinated by the examining Quarantine Medical Officer, or in 
the event of refusal shall be landed at Grosse Isle, subject to the quaran- 
tine of observation ; and the expense of the maintenance of such person 
during such quarantine of observation shall be a charge against the vessel. 

Y. The Quarantine Medical Officer at Grosse Isle or Rimouski shall 
examine any officer or surgeon or medical man of any steamship or sailing 
vessel, under oath touching the state of health of such ship or vessel and 
of every person on*board, in such form as shall be prescribed by the Minis- 
ter of Agriculture ; and it shall be the duty of the pilot on each such 
steamship or sailing vessel to hand to the ship's officer or surgeon a print- 
ed copy of the questions required to be answered under oath. 

8. Every steamship or sailing vessel arriving with infectious disease 
shall be liable to be detained at the Quarantine Station for disinfection, 
together with its cargo and passengers and crew, but every steamship or 
vessel provided with one isolated hospital for men, and another for women, 
on the upper deck, ventilated from above and not by the door only, may, in 
the discretion of the Quarantine Medical Officer, if he is furnished with 
satisfactory evidence that such hospitals have been promptly and intelli- 
gently made use of, be allowed to proceed after the landing of the sick and 
the disinfection of such hospitals : any vessel, however, arriving with in- 
fectious disease, without having such special isolated and ventilated hos- 
pitals or, having them, without satisfactory evidence that such hospitals 
have been promptly and intelligently made use of, shall be liable to be de- 
tained for disinfection at the quarantine station. 

9. The master of every steamship or sailing vessel arriving from any 
port outside of Canada shall produce a certificate of quarantine inspection 
and clearance from Rimouski, in the case of mail steamships, and from 
Ghrosse Isle, in the case of all other vessels, before being allowed to make a 
Customs entry at the ports of Quebec or Montreal. 

10. A second quarantine shall not be held to be necessary at Quebec ; 
but in the event of the inspecting physician at Quebec, in pursuance of his 
port duties, finding infectious disease, as defined in section 4 of these regu- 
lations in any steamship or sailing vessel, he shall promptly order it to go 
back to Grosse Isle. 

For all other organized Quarantine Ports of the Dominion. 

11. Every steam or sailing vessel from any port outside of Canada 
arriving at any regularly organized quarantine port (having a quarantine 
station), that is to say : At Halifax or Pictou, or Hawkesbxiry, or Sidney 
(Cape Breton), in the Province of Nova Scotia ; or St. John, or the Harbor 
ofMiramichi, in the Province of New Brunswick ; or Charlottetown, in 
the Province of Prince Edward Island ; or Victoria, in the Province of 
British Columbia, shall be subject, in so far as they can be made to apply, 
to the foregoing regulations relating to the St. Lawrence, as respects Jnspec- 

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ORDERS IN COUNCIL, &c. xlrii 

Agriculture, 

tion, by the Quarantine Medical Officers of the said several ports or har- 
bors, before being allowed to make a Customs entry ; and any vessel 
which it shall be considered necessary to detain shall be dealt with in ac- 
cordance with the Quarantine Regulations of 1868, aforesaid. 

For all ports under Quarantine directions of Collectors of Customs, 

12. At every other port in Canada, at which there is not a regularly 
organized quarantine station and at which the collector of Customs is au- 
thorized by the Proclamation of 21st of January, 1878, made in pursuance of 
the Act 35 Victoria, Chapter 27» — such Proclamation being continued in 
force by section II, 49 Victoria, chapter 68 of the Revised Statutes of Cana* 
da, the collector shall, in the case of any steamship or sailing vessel ar- 
riving from any port known to be infected and of which notification is 
published in the Canada Gazette, cause a medical inspection to be made of 
such vessel, and shall not grant a Customs entry, except on the production 
of a clean bill of health after such inspection. 

13. In the event of any infectious disease, such as defined in section 
4 of these regulations, being found in any steam or sailing vessel arriving 
at any port which is under (]^uarantine direction of a collector of Customs, 
such vessel shall be dealt with in the manner prescribed in the Greneral 
Regulations of 21st January, 1873, aforesaid, applying to such port, sup- 
plemented by the foregoing regulations in so far as they can be made to 
apply. 

Signals for Quarantine Inspection. 

14. Every steam or sailing vessel from any port outside of Canada 
requiring quarantine inspection shall, on arrival at any port in Canada, 
diqplay a yellow flag at the fore, for a distinctive quarantine signal, in 
order to inform the quarantine officer or collector of Customs acting as such, 
that his services are required, as directed by the Quarantine Regulations, 
aforesaid, and any sucn vessel by the St. Lawrence, arriving at the quar- 
antine station of Grosse He by night, shall display a red light for such 
signal. 

How rags are to be dealt with, 

15. Rags coming from countries or ports in which infected disease 
prevails, as defined in section 4 of these regulations, the names of such 
eountries or ports being, from time to time published in the Canada Gazette, 
shall be prohibited from landing at any port in Canada, but rags collected 
in countries which have been free from the prevalence of infectious disease 
during the six months prior to the shipment of such rags, shall be admitted 
without any special treatment, if accompanied by a proper evidence of 
origin. 

Hours of Inspection, 

16. The hours during which quarantine inspection, the mail steamships 
excepted, shall take place at any quarantine station or any port in Canada, 

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xlviii ORDERS IN COUNCIL, &o. 

Agriculture, 

shall be between sunrise and sunset ; with the further exception that at 
the quarantine station of G-rosse He, inspection will be made during any 
hour of the twenty-four. 

Penalties for Pilots and all Officers and Masters of Vessels. 

17. Every pilot shall be furnished with printed copies of these regula- 
tions, one of which it shall be his duty to hand to the master of every 
fiteam and sailing vessel coming from a i>ort outside of Canada immedi- 
ately after going on board such vessel, under a penalty not exceeding $200. 

18. Every collector of Customs, officer or other person charged with 
putting into effect or having any duties in connection with the foregoing 
regulations, shall be liable to a penalty not exceeding $400 and imprison- 
ment until such penalty is paid, for any contravention of such regulations 
or for omission or neglect of any duty in relation to them. 

19. Every master of a steam or sailing vessel shall be liable to a 
penalty not exceeding $400 and to imprisonment until such penalty is 
paid for any contravention of any of the foregoing regulations, and such 
vessel shall be held liable for any pecuniary penalty imposed on the 
master. 

FORM. 

Questions to be answered under oath to quarantine officers by masters^ 

surgeons or officers of vessels. 

Date 188 . 

1. What is your vessel's name and your name ? 

2. From what port and at what date did your vessel sail ? 

3. What is your cargo and whence taken on board ? 

4. Has your vessel touched at any place or places on her voyage ? 

5. Was such place or places or any of them to your knowledge infected 
with cholera, small-pox, plague or any pestilential fever or disease ? 

6. How many persons were on board when the vessel sailed ? 
Cabin passengers Intermediate Steerage 

Cattlemen Crew Total 

7. State whether any person on board during the voyage has been ill 
with any of the diseases above referred to, and if so how many ? 

8. State whether, in your opinion, any person on board has been, or is 
now infected with any of such diseases ? 

9. Has any person died on board during the present voyage, and if so 
state all particulars ? 

10. Has each of the steerage passengers on board signs of having been 
vaccinated within 7 years, or of having had fhe small pox within that 
period ? 

11. (Question to be asked in the event of sntall-pox having occurred during 
the voyage, to ship's surgeon, if such is on board). Have you personally dur- 
ing the present voyage, examined each one of the passengers and crew for 
proof of satisfactory vaccination within seven years, or of having had the 
small-pox within that period ? 



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ORDERS IN COUNCIL, &c. xlix 

Agriculture. 

12. Did you or any of the crew or passengers, within your knowledge, 
land at any place or places within Canada during the present voyage ? 

13. Is there any person on board lunatic, idiotic, deaf and dumb, blind 
or infirm, and if so, is such person accompanied by relatives or guardians ? 

14. Have you an isolated hospital for men and another for women, 
ventilated from above and not from the passage ? 

15. "Were such hospitals or one of them, immediately made use of ou 
the occurrence of disease ? 

16. Are there any other facts which, in your opinion, should be com- 
municated ? 

Signature Master, 

** Surgeon. 

I, Master, 

Surgeon, 
{here state whether ship's master, or occupying another position on board) ^o 
solemnly and sincerely swear to the exactness and truth of the answers to 
the above questions signed by me. So help me God. 

Master, 
Surgeon, 

Sworn before me at this 

day of 188 . 

Quarantine Officer and Justice of the ] 
Peace authorized by Order in 
GoTincil under the Act 35 Vic, \ 
chap. 2Y, intituled : " An Act re- | 
lating to Quarantine." J 



FORM. 

(^araniine Officer's Certificate for Customs Collector. 

Port of 
Quarantine Station, 188 , 

I hereby certify that the master, has been inspected 

and admitted to Pratique and has permission to proceed. 

Quarantine Officer. 
Vide Canada Gazatte, Vol. XXI, p. 134. 



By an Order in Council bearing date Monday, the 18th day of July, 
1887, under the provisions of the *' Animals Contagious Diseases Act," 
Chapter 69 of the Revised Statutes of Canada, the following Orders in 
(Jouncil establishing regulations respecting the importation, quarantine 
and in8i>ection of animals in the Provinces of Manitoba and British 
Columbia, and in the North-West Territories, that is to say : — 

VOL. I— D ^ , 

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Agriculture, 



Orders in Council dated 8th September, 1884, 11th May, 1885, 80th 
July, 1885, 24th September, 1885, 6th February, 1886, 4th May, 1886, 17th 
June, 1886, 18th August, 1886, 28th August, 1886, and 15th October, 1886, 
were rescinded and cancelled, and the following revised and amended re- 
gulations respecting the quarantine and inspection of animals in Manitoba, 
the North-West Territories and British Columbia were approved and estab- 
lished, that is to say : — 

Regulations respecting the Inspection and Quarantine of Animals in Mani- 
toba, the North- West Territories and British Columbia, 

PROVINCE OF MANITOBA. 

Neat Cattle, 

1. The importation of neat cattle from the United States, or from 
United States Territories, into the Province of Manitoba, is prohibited, 
except : — 

(a.) At Emerson, or at a point on the frontier opposite to the Canadian 
Pacific Railway Station, named Oak Lake, or at such point or points as 
may hereafter be indicated by the Minister of Agriculture ; and — • 

(6.) For stock or breediuff purposes, or in transit to westerly points in 
the United States, neat cattle may be allowed to cross the Canadian 
frontier, subject to the following regulations : — 

2. For stock or breeding purposes at Emerson, neat cattle shall be 
allowed to cross the frontier if, after inspection by a duly authorized veter- 
inary surgeon, appointed by the Minister of Agriculture, they shall be 
declared free from contagious disease, and also from well founded suspicion 
thereof After crossing the frontier such cattle shall be immediately and 
directly conveyed to the quarantine station at DufFerin, and be there 
detained for a period of ninety days, or such other period as to the Minister 
of Agriculture may appear advisable. 

3. And such cattle, when it is desired to have them entered at Oak 
Lake, must cross the frontier at a point opposite the Canadian Pacific 
Railway Station named Oak Lake, and must not be driven beyond two 
townships north of the frontier, where they will be inspected by a duly 
authorized veterinary surgeon appointed by the Minister of Agriculture ; 
and if declared to be free from contagious disease or well founded suspicion 
thereof, they will be detained in quarantine for a period of ninety days or 
such other period as may be indicated by the Minister of Agriculture in 
such manner as shall be ordered by him, but if not so declared they shall 
be immediately sent back across the frontier. 

4. Cattle in transit by railway for the Western United States or 
Territories shall be allowed to enter at the points above named, and also 
at G-retna if, on inspection by a duly qualified Veterinary Surgeon author- 
ized by the Minister of Agriculture, they are found to be free from con- 
tagious disease, or well founded suspicion thereof, but not otherwise. 

6. No car which has been loaded with cattle in the United States 
and crossing the Canadian frontier shall be allowed afterwards to carry 



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ORDERS IN COUNCIL, &c. li 



Agriculture. 



Canadian cattle, and the number of each of such cars shall be registered 
by the Collectors of Customs at Emerson and G-retna. 

6. No car nor trains carrying such United States cattle in transit shall 
be allowed to be or remain shunted in close proximity to any Canadian 
cattle. 

7. Every car containing cattle in transit shall be kept as far as possible 
apart from cars or trains containing Canadian cattle or Canadian goods. 

8. No car containing such United States cattle in transit shall form 
any part of a train carrying Canadian cattle. 

9. Every car or train carrying cattle in transit shall stop at such 
fixed place or places as shall be named by the Minister of Agriculture for 
the purpose of rest, feeding or watering, and such place or places shall be 
declared ** infected " within the terms of the ** Animals Contagious Diseases 
Act," being strictly isolated and all communication with them prohibited, 
except by the officers and men in charge of such infected place or places. 

10. Every car which has been used for carrying animals from the 
United States or Territories in transit, shall be thoroughly cleansed and 
disinfected before re-entering the Province of Manitoba, in such manner 
as shall be ordered by the Minister of Agriculture, in the manner prescribed 
in section No. 23 hereinafter. 

11. The owner or owners of any neat cattle for stock or breeding pur-^ 
poses, or in transit desired to be entered at one of the points aforesaid 
shall, on making application for entry, produce a duly attested certificate 
indicating the State or Territory, and the particular locality from which 
they have been brought, and if such certificate should not be found satis-^ 
factory, the catlte to which it refers shall not be allowed to enter. 

12. The importer of neat cattle, whether for stock or breeding pur- 
poses, or in transit, shall pay a fee graded on a scale hereto annexed, to* 
the Customs officer or other person duly authorized to act as such for 
defraying the expense of such inspection, that is to say : — 

One animal ^1 00 each. 

Five animals and under 50 each. 

But total fee for over five animals not less than 
♦2.60. 

Ten animals and under 30 each^ 

But total fee for over ten animals not less 
than $3. 

Twenty animals and under 20 each. 

But total fee for over twenty animals not less 
than $4. 

Fifty animals and under 12 each. 

But total fee for over fifty animals not less 
than $6. 
Over fifty animals 10 each. 

Horses and Mules. 

18. The importation of any horse or mule into the Province of Mani- 
toba from the United States or United States Territory is prohibited, except 



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lii ORDERS IN COUxNCIL, &c. 

Agi'icuHure, 

on inspection by a duly qualified veterinary surgeon, appointed by the 
Minister of Agriculture, it shall be declared to be free from the disease of 
glanders or other contagious disease. 

14. The following is a scale of fees payable by the owner or importer, 
for the purpose of defraying the expenses of such inspection : — 

For one horse or mule up to five, each % 1 00 

For over five and up to ten 7 50 

For over ten and up to twenty 12 50 

For over twenty and up to thirty 15 00 

For over thirty and up to fifty 20 00 

For any number over fifty, 25 cents each, but fee 
not to be less than '20 00 

Sheep. 

15. Ihe importation of sheep into the Province of Manitoba shall be 
prohibited, unless, after the inspection of" each animal by a duly qualified 
veterinary surgeon, appointed by the Minister of Agriculture it shall be 
found free from the disease of sheep scab or other contagious disease 

16. The following is a scale of fees payable by the owner or importer, 
for the purpose of defraying the expenses of such inspection : — 

For one animal, 25 cents. 

For five animals, 10 cents each, but fee for inspecting more tha db 
and under five, not less than 60 cents. 

For ten animals, 6 cents each, but fee for the inspection of over five 
and under ten, not to be less than 60 cents. 

For twenty animals, 4 cents each, but fee for inspection of any animals 
over ten and under twenty, not less than 80 cents. 

For fifty animals, 2J cents each, but for inspecting over twenty and 
under fifty, not less than $1.25. 

For over fifty animals, 2 cents each, but fee not to be less than $1.25. 

Swine, 

lY. Swine imported into the Province of Manitoba, from the United. 

States or Territories, shall be subject to a quarantine of twenty-one days, 

no animal being allowed to leave the quarantine, unless certified to be 
healthy by a veterinary inspector appointed bv the Minister of Agriculture. 

The fees for the inspection of swine shall be the same as those for the 
inspection of sheep, as defined in section 16 of these regulations. 

PROVISIONAL DISTRICTS OF ASSINIBOIA, SASKATCHEWAN AND ALBERTA. 

Neat Cattle, 

19. The importation of neat cattle from the United States or the United 
States Territories into the Provisional Districts of Assiniboia, Saskatchewan 
and Alberta is prohibited, except, — 

(a.) For stock or breeding purposes, subject to an inspection for cross- 
ing the Canadian frontier, and to a quarantine of ninety days, withia tlx^ 
limits hereinafter defined ; and — 

Digitized by CjOOQIC 



ORDERS IN COUNCIL, &c. liii 

AgfivtiHvre. 

(6.) For transit through the Provisimial iJistricts and the Province 
of Manitoba, by the route of the Canadian Pacific Railway for exit at 
Emerson or Grretna. 

20. The regulations as respects the conditions of entry, for stock for 
breeding purposes or in transit, of neat cattle into provisional districts, in 
relation to inspection, — certificates of locality where from, — freedom from 
contagious disease, — conditions on which the entry shall be allowed,— pay- 
ment and scale — of fees, and conditions of quarantine, shall be the same as 
in the above regulatious for the Province of Manitoba, as defined in sections 
nmnbered from 1 to 12 inclusive. 

21. The Department of the Interior reserve of two townships along 
the frontier between Canada and the United States shall be declared an 
" infected place " within the meaning of the " Animals Contagious Diseases 
Act " for the purpose of serving as quarantine ground, along which animals 
in quarantine will be allowed to graze, subject to such directions as shall 
be ordered by the Minister of Agriculture. 

22. The quarantine ground for cattle entering the Provisional District 
of Alberta, opposite the point of Fort Macleod, shall be that portion of the 
territory formed by the curve of the main branch of the Milk River, from 
the point of its entering the territory to the point of its crossing the United 
States frontier, and the area within such points shall be declared an infected 
place within the meaning of the '* Animals Contagious Diseases Act " for 
the purpose of a special station to be known as the Macleod quarantine 
station. 

23. Neat cattle for eastern transit for exit at Emerson or Gretna, may 
enter the District of Alberta from the United States Territory of Montana 
at the point of Maple Creek, or such other point or points as may be here- 
after designated by the Minister of Agriculture, subject to the following 
regulations, additional to those referred to in section 20 herein : — 

(a.) The production of a certificate from the territorial veterinarian or 
other official person to the effect that no pleuro-pneumonia or other in- 
fectious disease among cattle exists, or has existed within twelve months, 
in the district whence such animals have come ; 

(*.) That such animals be not moved nearer than within twenty-five 
miles of the shipping point of Maple Creek until they have been inspected 
by a duly qualified veterinary officer, appointed by the Minister of Agri- 
culture, and by him declared to be free from contagious disease ; 

(c.) That the yard or place provided by the Canadian Pacific Railway 
Company for the shipment of these cattle shall be at least half a mile 
distant from any yard or place used for the shipment of Canadian cattle ; and 
further, that Maple Creek shall not be used as a feeding station by the 
Canadian Pacific Railway Company for Canadian cattle in transit either 
east or west on their line ; 

(«/.) That the cars used by the Canadian Pacific Railway Company 
for carrying cattle from Montana in transit east for exit at Hmerson or 
Gretna shall have each a distinguishing mark, that the numbers of each 
of such cars shall be registered by the officer of Customs at Maple Creek, 
and that each of such cars be prohibited from being used for the carriage 
of Canadian cattle, or settlers' effects ; 

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liv ORDERS IN COUNCIL, &c. 

Agriculture, Sec. 

{e) That uo car which has teen used for carrying such cattle in transit 
shall be allowed to re-enter Canada until it has been thoroughly dis- 
infected, first, by scraping and sweeping the floors and sides, and second 
by washing the entire interior of the car with lime wash, in which one 
pound of commercial carbolic acid to four gallons of the lime wash has 
been mixed ; 

(/.) That the numbers and marks of the cars used for such transit 
shall be reported by the collector of Customs to the Minister of Agriculture. 

Horses, Mnles, Sheep, Swine. 

24. The regulations respecting the importation of horses, mules, sheep,, 
or swine to be the same as for the Province of Manitoba, as defined by 
sections numbered 13 to 18 inclusive. 

PROVINCE OF BRITISH COLUMBIA. 

Uorses, Mules. 

2i). The regulations respecting the importation of horses or mules in- 
to the Province of British Columbia from the United States or the United 
States Territories to be the same as in the Province of Manitoba, with the 
exception that the fees for the inspection of one horse shall be $2, for over 
one and up to five $1.50 each, or over five and up to ten, $1 each ; and over 
ten, the same fee as in the Province of Manitoba, as defined in section 
numbered 14 hereinbefore. 

Sheep, Sivine. 

2() The regulations respecting the importation of sheep and swine in 
the Province of Brtish Columbia, shall be the same as for the Province of 
Manitoba hereinbefore defined in sections numbers 15 to 18 inclusive, and 
the inspection fees the same. 

Vide Canada Gazette, Vol. XXI, p. 141. 



Customs. 

By a Proclamation, bearing date 1st July, 188Y, under the authority of 
the Revised Statutes of Canada, Chapter 32, the values of the foreign curren- 
cies as compared with the standard dollar of Canada, as shown in the 
schedule annexed, were declared to be the values for duty of such foreign 
currencies, and it was ordered that all invoices of foreign goods made out 
in such currencies shall be reduced to Canadian currency at the rates 
assigned to them in such schedule. 

/Google 



Digitized by ^ 



ORDERS IN COUNCIL, &c. 



It 



Customs, 



Country. 



Monetarj Unit. 



Argentine Re- 
public Peso.. 



Amtria 'Florin., 



Belgium. ^.iFranc 

I 

BoliTia I Boliviano 

Brazil Milreis of 1000 reia.. 



Chili.. 



Peso.. 



Cuba Peso 

Denmark ! Crown , 

Ecuador Sucre .. 



Standard. 



Gold and silver. 
Silver 



9 cS O^ 



Gold and silver. | 



Silver- 
Gold... 



Egypt... 



France. 



Gold and silver. 



Gold and silver. 

Gold 

Silver 



$ c. m. 
$0-96-5 

0-35-9 

•19-3 

•72-7 
•54-6 

-91-2 



-93-2 
•26-8 
•72-7 



Pound (100 piastres)... 



Franc. 



German Empire. 
Greece.. 



Hayti.. 
India... 
Italy... 



Mark 

Drachma... 



Gold : 4-94-3 



Gold and silver.. 



Yen.. 



Japan ^.. 

Liberia Dollar.. 

Mexico .Dollar.. 



Gourde 

Rupee of 16 annas.. 
Lira 



Gold 

Gold and silver. 



Gold and silver.. 

Silver 

Gold and silver.. 

*Gold and silver 



Kethcrlands Florin.. 



Konray .... 
Peru...l... . 
Portugal-.. 
Russia. 



Crown , 

Sol 

Milreis of 1000 reis 

Rouble of 100 copecks. 



Spain Peseta of 100 centimes. 



Sweden 

Switzerland.. 



Crown., 
Franc, 



Tripoli 

Turkey 

United States of 
Columbia. 

Tenesuela... 



Hahbab of 20 piastres.. 
Piastre. 



Peso 

Bolivar.. 



G«ld... 
Silver.. 



Gold and silver. 



Gold... 
Silver.. 
Gold... 
SUver.. 



Gold and silver. 




Silver 

Gold and silver. 



•19-3 

•23-8 
•19-3 

•96-5 

-34-6 

•19-3 

( 99-7 

[ 78-4 

100 

•79 

•40-2 

•26-8 

•72-7 
1-08 
•58-2 

•19-3 

•26-8 
•19-3 

•65-6 
•04-4 

•72-7 

•19-3 



Coins. 



Gold, Argentine $4.82.4, and \ Ar- 
gentine silver, peso and divisions. 

Gold, 4 florins $1.92.9, 8 florins 
$3.85.8, 1 ducat $2.28.7 and 4 du- 
cats $9.15.8~Silver, 1 and 2 flors. 

Gold, 10 and 20 francs— Silver, 6 
francs. 

Boliviano and divisions. 

Gold, 5, 10 and 20 milreis— Silver, 
j, 1 and 2 milreis. 

Gold, escudo $1.82.4, doubloon 
$4.56.1, and condor $9.12.3--Sil- 
ver, peso and divisions. 

Gold,doubloon$5.01.7— Silver, peso 

Gold, 10 and 20 crowns. 

Gold, doubloon $3.85.8, condor 
$9.64.7 and double condor— Sil- 
ver, Sucre and divisions. 

Gold, pound (100 piastres) 50, 20, 
10 and 5 piastres — Silver, 1, 2, 5, 
10 and 20 piastres. 

Gold, 5, 10, 20, 50 and 100 francs— 
Silver, 5 francs. 

Gold, 5, 10 and 20 marks. 

Gold, 5, 10, 20, 50 and 100 drachmas 
Silver, 5 drachmas. 

Gold, 1, 2, 5 and 10 gourdes— Sil- 
ver, gourde. 

Gold, mohur $7.10.5— Silver, rupee 
and divisions. 

Gold, 5, 10, 20, 50 and 100 liraa— 
Silver, 5 liras. 

Gold, 1, 2, 5, 10 and 20 yen. 

Silver, yen. 



10 and 
peso) 



Gold, dollar $0.98. 3, 2J, 5, 1 
20 dollars— Silver dollar (or 
and divisions. 

Gold, 10 florins— Silver, J, 1 and 2 J 
florins. 

Gold, 10 and 20 crowns. 

Silver, sol and divisions. 

Gold, 1, 2, 5 and 10 milreis. 

Gold, Imperial $7.71.8 and J Im- 
perial $3.85.9t— Silver i, i and 1 
rouble. 

Gold, 5, 10 and 25 pesetas— Silver, 
6 pesatas. 

Gold, 10 and 20 crowns. 

Gold, 5, 10, 20,r>0 and 100 francs- 
Silver, 5 francs. 

Gold, 25, 50, 100, 2:)0 and 500 pias- 
tres. 

Gold, condor $9.64.7, and double 
condor - Silver, peso. 

Gold, 5, 10, 20, 50 and 100 bolivars 
—Silver, 5 bolivars. 



* Gold, the nominal standard. Silver, practically the standard, 
t Coined since 1st January, 1886. Old \ Imperial, $3.98.6. 

Vide Canada Qazette, Vol. XXI, p. 45. 



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Ivi ORDERS IN COUNCIL, &c. 



Customs. 



By an Order in Council, bearing date Friday, 1st day of July, 188t, 
under the provisions of the 22nd section of the Customs Act, Chapter 32 of 
the Revised Statutes of Canada, the port of Vancouver, in the Province of 
British Columbia, was constituted a Customs port of entry and a ware- 
housing port, to date from the 1st day of July, 1887. 

And further, the outport theretofore known as Burrard's Inlet under 
the survey of the port of New Westminster, was abolished from the 1st 
July, 1887. 

Vide Canada Gazette, Vol. XXI, p. 52. 



By an Order in Council, bearing date Friday, 1st day of July, 1887, 
under the provisions of the 245th section of the Customs Act, Chapter 32 
of the Revised Statutes of Canada, sweat leathers, when imported by hat 
manufacturers only, for use in their factories in the manufacture of hats, 
were placed upon the list of articles that may be admitted into Canada 
free of Customs duty. 

Vide Canada Gazette, Vol. XXI, p. 62. 



By an Order in Council, bearing date Saturday, 2nd day of July, 1887, 
under the authority of sub-section / of section 245 of Chapter 32 of the 
Revised Statutes of Canada, it was declared that " noils " (being the short 
wool which falls from the combs in worsted factories) should be considered 
as entitled to be entered free of Customs duty. 

Vide Canada Gazette, Vol. XXI, p. 92. 



By an Order in Council, bearing date Saturday, 2nd day of July, 1887, 
under authority of sub-section I of section 246 of Chapter 32 of the Revised 
Statutes of Canada, intituled : " An Act respecting the Customs," the fol- 
lowing articles were transferred to the list of goods which may be entered 
free of duty when imported into Canada, namely : " Square reeds and raw 
hide centres, textile leather or rubber heads, 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." 
Vide Canada Gazette, Vol. XXI, p. 92. 

By an Order in Council bearing date Wednesday, 6th day of July, 1887, 
under the authority of the 78th section of "The Consolidated Revenue and 
Audit Art," Chapter 29 of the Revised Statutes of Canada, iron or steel 
imported by bridge manufacturers for the construction of iron bridges may- 
be admitted under the rates of duty in force prior to 18th of May, 1887, 
provided the importers present satisfa<^tory evidence that the contracts for 
the construction of the bridge for which said iron or steel is to be used 
had been actually entered into prior to the dale before mentioned (18tli 
May, 1887). 

Vide Canada Gazette, Vol. XXI, p. 140. 



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ORDERS IN COUNCIL, &c. Ivii 



Customs. 



By an Order in Council bearing date Tuesday, 8th day of November, 
188Y, under the provisions of Chapter 33 of the Revised Statutes of Canada 
('*An Act respecting the Duties of Customs"), the following regulations 
authorized by item 617 in Schedule C to the said Act referring to " Animals 
for the improvement of stock, viz., horses, cattle, sheep and swine, under 
regulations made by the Treasury Board and approved by the Q-ovemor in 
Council," ^w^ere adopted, and the regulations adopted by Order in Council 
of the 26th of September, 1870, were cancelled: — 

REGITLATIONS. 

1st. In all cases of importation and entry of animals under the pro- 
visions of the above mentioned item in the said Act, a certificate of purity 
of blood given by the breeder of the animals, and accompanied bv a certifi- 
ate of identification, signed and sworn to by the importer, shall be fur- 
nished to the collector at the jwrt of entry and in addition thereto there 
shall be required the further evidence hereinafter mentioned, viz : — 

2nd. Me Blood Horses. — A proper pedigree referring to the English 
or American Stud book to be given by the breeder in his certificate, but 
in the case of such blood horses whose pedigree is not entered in a Stud 
book, an authenticated certificate of purity of blood and identification will 
be sufficient, provided the animal is found on inspection to have the 
properties and qualification essential to improvement of breed. 

3rd. Short horn cattle. — ^The breeders certificate shall embody a cor- 
rect pedigree, referring to the recognized short horn herd book. 

4th. Hereford cattle. — The pedigree shall refer to a recognized Here- 
ford herd book. 

5th. Devon cattle. — The pedigree shall refer to a recognized Devon 
herd book. 

6th. Ayrshire cattle, Angus cattle, G-allow^ay cattle or Aldemey cattle. 
-y-A certificate of purity of blood and identification as mentioned in sec- 
tion 1 will be sufficient. 

7th. Any other breed or description of cattle which is not specially 
named in the foregoing shall be held to be included in the general des- 
cription embodied in section 1. 

8th. Sheep, pigs and poultry. — In these cases a similar certificate and 
identification will be required as in the next preceding case. 

Vide Canada Gazette, Vol. XXI, p. 1090. 



By an Order in Council, bearing date Tuesday, 11th day of November, 
1887, under the authority of section 22, Chapter 32, of the Revised Statutes 
of Canada, the port of Hillsboro, in the Province of New Brunswick, was 
reduced to an outport of Customs, and, together with the outports of Alma 
and Harvey, and the preventive station of Waterside, theretofore attached 
thereto, were placed under the survey of the port of Moncton, New Bruns- 
wick, from and after the 1st day of November, ISSt. 

Vide Canada Gazette, Vol. XXI, p. 1090. ^ t 

' Digitized by Lr-OOgle 



IWii ORDERS IN COUNCIL, &c. 

Customs. 

By an Order in Council, bearing date Tuesday, 22nd day of November, 
1887, under the provisions of the section 9 of the Revised Statutes of 
Oanada, Chapter 32, — glove leather not being either buck, deer or antelope 
as mentioned in item 276 in schedule " A " of the Revised Statutes, chapter 
88, but being the hide of what is known as the water hog, and tanned in 
imitation thereof, and not distinguishable therefrom except by an expert, — 
from and after the passage of this Order was ordered to be classed for duty 
as provided by item 276 as aforesaid. 

Vide Canada Gazette, Vol. XXI, p. 1211. 



By an Order in Council bearing date Tuesday, 22nd day of Novemb3r, 
1887, under and by virtue of section 45, sub-section 1, of the Revised 
Statutes, chapter 82, — copper rollers for use in calico printing w:hen im- 
ported by calico printers for use in their factories, in the printing of calicoes 
and for no other purpose (such rollers not being manufactured in Canada) 
may be admitted to entry free of Customs duty, until otherwise ordered, 
upon the importer in each case, making oath at the time of entry, in 
terms as follows : — 

I (1) the undersigned, importer of the copper rollers 

mentioned in this entry, do solemnly (2) that such copper 

rollers were specially imported by (8) for use in the printing 

of calicoes in (4) factory. 

I further (2) that the said rollers will be used for the said 

purpose and that the same will not be used, sold or disposed of by 
(3) or by any person in (4) employ, for any other purpose 

or use than as aforesaid. 

Vide Canada Gazette, Vol. XXI, p. 1211. 



By an Order in Council, bearing date Tuesday, 22nd November, 1887, 
under the provisions of the 78th section of the Consolidated Revenue and 
Audit Act, His Excellency, by and with the advice of the Queen's Privy 
Council for Canada, has been pleased to order and it is hereby ordered, 
that anthracite coal dust be admitted free of Customs duty. 

Vide Canada Gazette, Vol. XXI, p. 1211. 



By an Order in Council, bearing date Tuesday, 1st day of December, 
1887, under the provisions of the 22nd section of Chapter 32 of the Revised 
Statutes of Canada, intituled : " An Act respecting tAe Customs," Leth- 
bridge, in the District of Alberta, North- West Territories, was, from the 
Ist of January, 1888, erected into an outport of Customs, and a warehous- 
ing port, and placed under the survey of the Collector of Customs at the 
port of Fort Macleod, Alberta. 

Vide Canada Gazette, Vol. XXI, p 1294. 



(1) Name of importer. 

(2) Swear or amrm. 

(3) Me or the firm of , of which I am a member. 

(4) Mj or our, as the case maj be. 



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ORDERS IN COUNCIL, &c. lii 

Customs. 

By an Order in Council, bearing date Saturday, Itth day of December, 
1887, under the provisions of the 22nd section of Chapter 32 of the Revised 
Statutes of Canada, intituled : " An Act respecting the Customs," the vil- 
lage of Agnes, in the Township of Compton, and Province of Quebec, was, 
from the 1st day of January, 1888, erected into an outport of Customs 
and a warehousing port, and placed under the surs'-ey of the collector of 
Customs at the port of Sherbrooke, Quebec. 

Vide Canada Gazette, Vol. XXI, p. 1416. 



By an Order in Council, bearing date Saturday, 17th day of December, 
1887, under the provisions of sub-section (I) of section 245 of Chapter 32 of 
the Revised Statutes of Canada, intituled : ** An Act respecting the Cus- 
toms," retorts, pans, condensers, tubing and pipe, made of platinum, 
when imported by manufacturers of sulphuric acid for use in their works 
in the manufacture of concentration of sulphuric acid, were placed on the 
list of articles that may be admitted into Canada free of Customs duty.'' 

Vide Canada Gazette, Vol. XXI, p. 1416. 



By an Order in Council, bearing date Saturday, 17th day of Decem- 
ber, 1887, under the authority of sub-section (m) of section 245 of the Cus- 
toms Act and section 153 of the Inland Revenue Act, subject to the following 
regulations and restrictions, it was ordered that there may be paid to the 
Canadian manufacturer of distilled spirits exported, in the manufacture of 
which foreign duty paid corn has been used, a drawback of two-thirds of the 
duty paid upon each bushel of foreign com so used in the spirits exported, 
and that proof, satisfactory to the Minister of Customs, shall be submitted 
by the claimant that the corn claimed upon was foreign com, and such 
proof may be in the form of a certificate from an inspector or a collector 
of Inland Revenue, to the effect that the records of such Department show 
that in the manufacture of each package of spirits claimed upon (and 
especially designated in such certificate) there was used a stated quantity 
of foreign corn. 

The Minister of Customs shall also be satisfied from evidence pre- 
sented that duty was paid at certain times and places on the corn claimed 
to have been used as aforesaid. 

There shall further be supplied by the claimant proof that the various 

packages of spirits claimed upon were duly exported from the Dominion, — 

*^uch proof to consist of the bill of lading for the spirits, and a form of 

Customs outward entry, bearing upon its face a certificate of a Canadian 

^/ustoms officer that the spirits therein mentioned were despatched in a 

esignated railway car or vessel, from a given Canadian port, on a given 

lay, for a stated destination in a foreign country ; and the claimant shall 

"e required to supply a certificate from a proper officer of foreign Customs, 

lat the spirits described in such outward entry at Canadian Customs 

ere, in each case, duly landed in such foreign country. 

Vide Canada Gazette, Vol. XXI, p. 1417. 



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Ix ORDERS IN COUNCIL, &c. 



Customs, 



By an Order in Council, bearing date Friday, 30th day of December, 
188^, under the authority of section 22 of Chapter 32 of the Revised Statutes 
of Canada, the port of LacoUe, in the Province of Quebec, was reduced to 
an outport of Customs and placed under the survey of the collector of 
Customs at the port of St. Johns, Province of Quebec, from and after the 
1st day of January, 1888. 

Vide Canada Oazette, Vol. XXI, p. 1545. 



By an Order in Council, bearing date Thursday, 12th day of January, 
1888, under the provisions of the 22nd section of Chapter 32 of the Revised 
Statutes of Canada, intituled: "An Act respecting the Customs," Arn- 
prior, in the County of Renfrew, Province of Ontario, was erected into an 
outport of Customs and a warehousing port, and placed under the survey 
of the collector of Customs at the port of Ottawa, Ontario. 

Vide Canada Gazette, Vol. XXI, p 1545. 



By an Order in Council, bearing date Thursday 29th day of March, 1888, 
under the provisions of the 22nd section of Chapter 32 of the Revised 
Statutes of Canada, intituled "An Act respecting the Customs," the 
port of Port Darlington, in the l^rovince of Ontario, is, for all purposes 
of *' The Customs Act," is to be known and designated as the Port of Bow- 
manville, on and after the Ist day of July, 1888. 

Vide Canada Gazette, Vol. XXI, p. 2143. 



By a Proclamation, bearing date 13th April, 1888, under the Revised 
Statutes of Canada, Chapter 88, intituled " An Act respecting the Duties of 
Oustoms," it was declared that following article, that is to say : — 

Green fruits, and edible berries, in their natural condition, viz. Apples, 
apricots, bananas, cherries, olives, peaches, pineapples, plantains, plums, 
pomegranates, quinces and shaddocks ; blackberries, raspberries and straw- 
berries. 

Seeds, viz. : — Clover, grass and flower, canary, chia, cotton, jute, 
mustard (brown and white), sesame, sugar beet, sugar cane seed, and seeds 
of fruit and forest trees not edible. 

Seeds aromatic, which are not edible and are in a crude state, and not 
advanced in value or condition by refining or grinding or bjr any other 
process of manufacture (in addition to those already on the free list), viz : — 
Anise-seed, caraway, cummin seed and Tonquin beans. 

Trees, shrubs and plants, viz. : — ^Apple, cherry, peach, pear, plum, 
quince and all other fruit trees and the seedling stock of the same. Black- 
berry, (rurrant, gooseberry, raspberry and rose bushes, grape and straw- 
berry vines, shade, lawn and ornamental trees, shrubs and plants. 

Vegetables, viz. : — Citrons, mangoes, melons and yams, may hereafter^ 
until otherwise provided, be imported into Canada free of duty. 

Vide Canada Gazette, Vol. XXI, p. 2233. 



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ORDERS IN COUNCIL, &c, Ixi 



Customs, SfC. 



By an Order in Council, bearing date Monday, 28rd April, 1888, under 
the provisions of the 22nd section of Chapter 32 of the Revised Statutes 
of Canada, intituled : " An Act respecting the Customs," the outport of 
Beaver River was abolished from and after the last day of Mav, 1888. 

Vide Canada Gazette, Vol. XXI, p. 2317. 



By an Order in Council, bearing date Monday, 23rd day of April, 1888, 
under the provisions of the 22nd section of ** The Customs Act," being 
Chapter 82 of the Revised Statutes of Canada, — Salmon River, in the 
County of Digby, and Province of Nova Scotia, was erected into an out- 
port of Customs, and placed under the survey of the collector of Customs 
at the port of Weymouth, Nova Scotia, to take effect from the 1st day of 
May, 1888. 

Vide Canada Gazette, Vol. XXI, p. 2317. 



By an Order in Council, bearing date Wednesday, the 2nd day of May, 
1888, under the provisions of the 22nd section of Chapter 82 of the Revised 
Statutes of Canada, intituled : " An Act respecting the Customs," — the 
Customs outport of Silver Islet, under the port of Port Arthur in the 
Province of Ontario, was abolished. 

Vide Canada Gazette, Vol. XXI, p. 2358. 



By an Order in Council, bearing date Wednesday, the 2nd day of May, 
1888,undertheprovi8ion8of the 22nd section of Chapter 82 of the Revised 
Statutes of Canada, intituled : " An Act respecting the Customs," — Hagers- 
ville in the County of Haldimand and Province of Ontario, was erected 
into an oatiK>rt of Customs and a warehousing port and placed under the 
survey of the collector of Customs at the port of Hamilton, to date firom 
the Ist day of July, 1888. 

Vide Canada Gazette, Vol. XXI, p. 2895. 



Fisheries. 

By an Order in Council, bearing date Thursday, 7th day of July, 1887, 
under the provisions of the 16th section of Chapter 95 of the Revised 
Statutes of Canada, known and cited as " The Fisheries Act," the Order in 
Council of the 5th January, 1886, setting apart Brome Lake, in the Province 
of Quebec, for the natural and artificial propagation of fish, was amended 
by substituting the following therefor : 



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Ixii ORDERS IN COUNCIL, &c. 



Fisheries, 



" The waters of Brome Lake, in the Province of Quebec, and its inlets 
for a distance of one mile from said lake, are hereby set apart for the 
natural and artificial propagation of fish, from the Ist March to the 1st 
June, in each year, and no other mode of fishing shall be allowed during 
the open season than angling by hand with hook and line or trolling with a 
spoon." 

Vide Canada Gazette, Yol. XXI, p. 140. 



By an Order in Council, bearing date Wednesday, 27th day of July, 
1887, under the provisions of the 16tn section of Chapter 95 of the Revised 
Statutes of Canada, intituled : " An Act respecting Fisheries and Fishing." 
so much of the Fishery Regulations adopted on the 29th day of August, 
1884, as relate to herring fishing in the County of Charlotte, in the Province 
of New Brunswick, was rescinded, and the following substituted there- 
for : — 

Herripg Fishing. 

1. No weir, engine or barricade, shall be set or placed on either side 
of Cow Passage or Cheney's Passage, in the island of Q-rand Manan, with- 
out leaving a continuous clear passage or channel of the width of five 
hundred feet, following the deepest water of the same ; and no wing 
belonging to or used therewith, or attached to any such weir, engine or 
barricade, shall extend beyond or into channels of the said passages or 
either of them so as to diminish the said width of five hundred feet. 

2. In no case shall weirs, engines or barricades be placed nearer each 
other than six hundred feet, distant from and running parallel with each 
other. 

3. No weir, engine or barricade shall be set or used in the County 
of Charlotte, for the puri)ose of catching herrings or other fish, except 
under the authority of an annual license from the Minister of Marine and 
Fisheries, which license the Minister or any person by him authorized for 
that purpose, may issue on payment of a fee of five dollars. 

4. The fishery overseers of the county or either of them, as the case 
may be, are authorized and required in the event of a violation of either 
of these rules, in addition to the penalties imposed, when it is thought 
necessary by the said overseers in their respective districts, to destroy the 
said weirs, engines or barricades, or wings belonging to them or used 
therewith or attached to them, or each or any of them respectively, or such 
I)ortions thereof as the said overseers in their respective districts may deem 
necessary. 

5. Herrings shall not be taken between the 15th day of July and the 
16th day of October in any year, on the spawning ground at the Southern 
Head of Grand Manan, in the Province of New Brunswick, within the 
following limits, that is to say : — Commencing at Red Point, in the eastern 
part of Seal Cove ; thence running southerly on a line with Gannet Rock 
Lighthouse, three miles; thence westerly three miles from shore to a 
point three miles due west from a rock known as the Old Maid, near the 



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ORDERS IN COUNCIL, &a Ixiii 

Fisheries. 

southern head of Bradford's Cove ; thence east to Old Maid Rock ; thence 
following the shore back to Red Rock the place of beginning. Said limits 
including the two "Wood Islands and passing at the distance of 600 feet 
around and from each of the weirs under license within said limits. 

All nets or other fishing material, apparatus, tackle or gear used for 
catching herrings on any part of the said ground during the period above 
described shall be seized and confiscated, and every person so using the 
same shall be subject to fine as prescribed by the Fisheries Act. 

Vide Canada Gazette, Vol. XXI, p. 301. 



By an Order in Council, bearing date Saturday, 1st day of October, 
1887, under the provisions of the 16th section of Chapter 96 of the Revised 
Statutes of Canada, known as "The Fisheries Act," the following regula- 
tions were established for the better management, protection and regula- 
tion of the fisheries, viz. : — 

In the Provinces of Nova Scotia and New Brunswick no person shall 
fish for, catch, kill, buy, sell or have in jwssession any speckled trout 
(salvelinus fofUinalis), lake trout and landlocked salmon between the 1st of 
October and the 1st of April in each year, both days inclusive. 

Vide Canada Gazette, Vol. XXI, p. 742. 



By an Order in Council bearing date Thursday, 2'7th October, 1887, 
imder the provisions of the 16th section of Chapter 95 of the Revised 
Statutes of Canada, intituled : ** An Act respecting Fisheries and Fishing,'* 
the Orders in Council of the 8th March, 1»75, 26th July, 1877, 21st De- 
cember, 1877, and 17th February, 1886, relating to the smelt fishery, were 
rescinded, and the following fishery regulations were adopted in their 
stead : — 

Ist. No one shall fish for, catch, kill, buy, sell or have in possession any 
smelts between the first day of April and the first day of July (both days 
inclusive) in each year. 

2nd. The use of smelts for manure is prohibited. 

3rd. The use of seines for the purpose of catching smelts is prohibited. 

4th. Smelts shall not be fished for, caught, or killed by means of any 
kind of bag-nets having meshes of a less size than one inch and a quarter, 
extension measure. 

5th. The use of bag-nets for the purpose of catching smelts is pro- 
hibited, except under special license from the Minister of Marine and 
Fisheries, and then only between the 1st of December and the 15th of 
February in each year. 

Vide Canada Gazette, Vol. XXI, p. 1018. 

By an Order in Council, bearing date Saturday, 17th day of December, 
1887, under the provisions of the 16th section of Chapter 95 of the Revised 
Statutes of Canada, intituled : " An Act repecting Fisheries and Fishing,'^ 



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the fishery regulation relating to the lobster fishery adopted by the Order 
in Council of the 13th March, 1879, was rescinded, and the following 
adopted in its stead : — 

1. On that part of the coast of the Atlantic Ocean extending from 
Cape Canso westward, and following the coast line of the Bay of Fundy to 
the United States boundary line, it shall be unlawful to nsh for, catch, 
kill, buy, sell, or have in possession (without lawful excuse) any lobsters 
between the 1st day of July and the 81st day of December, 1888. 

2. In the remaining waters of the Provinces of Nova Scotia and New 
Brunswick, and in the waters of Prince Edward Island and Quebec (in- 
cluding the Magdalen Islands and Anticosti) it shall be unlawful to fish for, 
catch, kill, buy, sell or have in possession (without lawful excuse) any 
lobsters between the loth day of July and the Slstdaf of December, 1888. 

3. It shall be unlawful at any time to fish for, catch, kill, buy, sell, 
expose for sale or have in possession any berried or soft-shelled lobsters, 
or any lobster under nine inches in length, measuring from head to tail, 
exclusive of claws or feelers, and when caught in fishing apparatus in 
legal use, they shall be liberated alive by the proprietor, owner, agent, 
tenant, occupier, partner or person actually in charge, either as occupant 
or servant, on each of whom shall devolve the proof of such actual libera- 
tion, and each of whom shall be deemed to be jointly and severally liable 
for any penalties or moneys recoverable under the i isheries Act or of any 
regulation made under it. 

Vide Canada Gazette, Vol. XXI, p. 1593. 



Indian Affairs. 

By an Order in Council, bearing date Saturday, 1st October, 188*7, 
under the provisions of the 4l8t section of Chapter 43 of the Bevised 
Statutes of Canada, intituled : '' An Act respecting Indians," the following 
regulations governing the disposal of Indian lands containing minerals 
other than coal, were adopted and established : — 

MINING REGULATIONS. 

TO GOVERN THE DISPOSAL OF MINERAL LANDS OTHER THAN COAL LANDS. 

1. These regulations shall be applicable to all Indian lands containing 
gold, silver, cinnabar, lead, tin, copper, petroleum, iron, or other mineral 
dei)osit of economic value, with the exception of coal. 

2. Any person may explore vacant Indian lands that have been sur- 
rendered by the Indians and not appropriated or reserved by. the Depart- 
ment of Indian Affairs for other purposes, or Indian reserve lands. 



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ORDERS IN COUNCIL, &c. Ixv 

Indian Affairs. 

provided the approval of the Superintendent Greneral of Indian Affairs 
shall have been previously obtained, and may search therein, either by 
surface or subterranean prospecting, for mineral deposits, w^ith a view to 
obtaining under these regulations a mining location for the same, but no 
mining location or mining claim shall bo granted until the'discovery of 
the vein, lode, or deposit of mineral or metal within the limits of the loca- 
tion or claim. 

I.— Quartz Mininck 

3. A location for mining, except for iron, on veins, lodes, or ledges of 
quartz or other rock in place, shall not exceed forty acres in area. Its surface 
boimdaries shall be straight due north and south and east and west lines 
not more than four in number. Its length shall not be more than three 
times its breadth. Its boundaries beneath the surface shall be the vertical 
planes in which its surface boundaries lie. 

4. Any person having discovered a mineral deposit may obtain a 
mining location therefor, under these regulations, in the following 
manner : — 

(a.) He shall mark the location on the ground by placing at each of 

its four comers a wooden post, not less than four inches square, driven 

not less than eighteen inches into the ground, and showing that length 

above it. If the ground ba too rocky to admit of so driving the posts into 

it, he shall build about each of them, to 8upi)ort it and keep it in place, a 

cairn or mound of stones, at least three feet in diameter at the base, and 

eighteen inches high. On the most north-easterly post he shall mark, 

legibly with a cutting instrument, or with colored chalk, or with a 

pencil, his name in full, the date of such marking, and the letters M.L. 1, 

to indicate that the post is a Mining Location post No. 1. Proceeding next 

to the most south-easterly post, he shall mark it with M.L. 2, and with 

his initials. Next, the most south-westerly post shall be marked M.L. 3, 

and with his initials ; and, lastly, the most north-westerlv post with his 

initials and the letters M.L. 4. Furthermore, on one of the faces of each 

post, which face shall in the planting thereof be turned towards the post 

which next follows it in the order in which they are here named and 

numbered, there shall be marked in figures the number of yards' distance 

to such next following post. If means of measurement are not available, 

the distance to be so marked on each of the posts may be that estimated. If 

the comer of a location falls in a ravine, bed of a stream, or any other 

situation where the character of the locality may render the planting of a 

post impossible, thfe corner may be indicated by the erection at the nearest 

suitable point of a witness post, which in that case shall contain the same 

marks as those prescribed in this clause in regard to corner posts, as well 

as the letters TV. P., and an indication of the bearing and distance of the 

site of the true comer from such witness post. 

(In this manner any subsequent prospector, informed of these regula- 
tions, will, on meeting any one of the jwsts or mounds, be enabled to follow 
them all round, from one to another, and avoid encroachment, either ia 
searcher in marking out another location in the vicinity for himself) 

VOL. I— K ( 

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Ixvi ORDERS IN COUNCIL, &c. 



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(b.) Having so marked out on the ground the location he desires, the 
claimant shall within ninety days thereafter file with the local agent, in 
the Indian office for the district in which the location is situate, a declara- 
tion on oath according to Form A in the schedule to these regulations 
(which may be sworn to before the said agent, or may have been prer 
viously sworn to before a justice of the peace or commissioner), setting^ 
forth the circumstances of his discovery, and describing, as nearly as may 
be, the locality and dimensions of the claim marked out by him as afore- 
said ; and shall, alon^: with such declaration, pay to the said agent an 
entry fee of five dollars. 

(c.) If the land has been surrendered by the Indians for purposes' of 
sale the agent shall then give him a roceii)t, according to Form B in the 
schedule to these regulations, for such fee. This receipt shall authorize 
the claimant, his legal representatives or assigns, to enter into possession 
of the location applied for, and, during the term of one year from its date, 
to take therefrom and dispose of any mineral deposit contained within its 
boundaries. 

(d.) If the land is within a reserve and unsurrendered the agent shall 
report the facts of such discovery and application to the Superintendent 
General of Indian Affairs, and he shall state at the same time whether the 
interest of the Indians would be prejudicially affected by the location 
applied for being sold or otherwise, and should the Superintendent General 
of Indian Affairs decide that it would be in the interest of the Indians to 
sell the location he shall instruct the local agent to submit the question of 
surrendering the same to be sold for their benefit to the Indians in council 
for a vote thereon, and should a majority of the Indians entitled to vote 
decide to surrender the land a formal surrender in writing shall be taken 
from them signed by the chief and principal men and duly attested by one 
of them and the agent in the manner required by law. 

(e.) The agent shall then forward the surrender to the Superintendent 
General of Indian Affairs, who shall upon receipt of the same submit it to 
His Excellency the Governor General in Council for acceptance. 

(/.) Should the surrender be accepted by the Governor General in 
Council the location applied for shall be dealt with in the manner pre- 
scribed by these regulations for the sale of mineral lands. 

5. At any time before the expiration of one year from the date of his 
obtaining the agent's receipt as aforesaid, it shall be open to the claimant 
to purchase the location on filing with the local agent proof that he has 
expended not less than five hundred dollars in actual mining operations 
on the same, such proof to consist of his own sworn statement, accompanied 
and confirmed by the affidavits of two disinterested persons, setting forth 
in detail the nature of such operations and the amount expended. 

C. The price to be paid for a mining location shall be at the rate of 
five dollars per acre cash. 

7. On making the application to purchase a mining location, and pay- 
ing the price therefor as hereinbefore provided, the claimant shall also de- 
posit with the agent the sum of fifty dollars, which shall be deemed pay- 
ment by him to the department of Indian Affairs for the survey of his 
location ; and upon the receipt of the plans and field-notes, and the ap. 

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ORDERS IN COUNCIL, &c. Ixvii 



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proval thereof by the said department, a patent shall issue to the claimant 
in the Form D in the schedule hereto. If, on account of its remoteness or 
other cause, a mining location cannot, at the time of the deposit of fifty 
dollars by the applicant for the purpose, be surveyed by the said depart- 
ment for that sum, he shall be subject to the alternative of waiting until 
the employment of a surveyor by the department on other work in the 
vicinity of the claim renders it convenient to have the survey made at a 
cost not exceeding fifty dollars, or of sooner procuring at his own cost its 
survey by a duly commissioned surveyor of the province, district or terri- 
tory in which the lands are situated, under instructions from the said de- 
partment ; in the latter case, on receipt of the plans and-field notes of the 
survey and approval thereof by the said department, as hereinbefore pro- 
vided, the claimant shall be entitled to receive his patent, and to have re- 
turned to him the fifty dollars deposited by him to defray cost of survey. 

8. Should the claimant, or his legal representatives as aforesaid, fail 
to prove within one year the expenditure prescribed ; or, having proved 
such expenditure, fail within that time to pay in full, and in cash to the 
local agent, the price hereinbefore fixed for such mining location, and also 
to pay the sum of fifty dollars hereinbefore prescribed for the survey of 
his location, then any right on the part of the claimant or of his legal re- 
presentatives in the location, or claim on his or their part to acquire it, 
shall lajxse, and the location shall thereupon revert to the Crown and shall 
be held, along with any immovable improvements thereon, for disposal, 
under these regulations, to any other person, or as the Superintendent 
General of Indian Affairs may direct ; provided that the Superintendent 
General of Indian Affairs may, upon sufficient cause being shown, extend 
the time within which the claimant may purchase his mining location for 
the additional term of one year, upon payment by the claimant of a new 
entry fee and the relinquishment of his original receipt, in exchange for 
"which the agent shall, when so directed by the said Minister, give him a 
new receipt in the Form C in the schedule hereto. 

9. Where two or more persons lay claim to the same mining location, 
the right to acquire it shall be in him who can prove he was the first to 
discover the mineral deposit involved, and to take possession by demarca- 
tion, in the manner prescribed in these regulations, of the location cover- 
ing it. 

10. Priority of discovery alone shall not give the right to acquire ; 
but a person subsequently and independently discovering, who has com- 
plied with the other conditions prescribed in these regulations, shall take 
precedence of the first discoverer if the latter has failed to comply with 
the said other conditions. Provided, however, that in any case where it is 
proved that a claimant has in bad faith used the prior discovery of another, 
and fraudulently affirms that he made independent discovery and demar- 
cation, he shall, apart from any other legal consequences, have no claim, 
and shall forfeit the deposit made with his application, and shall be abso- 
lutely debarred from obtaining another mining location. 

11. Not more than one mining location shall be granted to any 
individual claimant upon the same lode or vein. 

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Ixviii ORDERS IJi COUNCIL, &c. 

Indian Affairs. 

12. Where land is used or occupied for milling purposes, reduction 
works or other purposes incidental to mining operations, either by the pro- 
prietor of a mining location or other person, such land may be applied for 
and patented, either in connection with, or separate from, a mining location, 
in the manner hereinbefore provided for the application for, and the 
patenting of, mining locations, and may be held in addition to any such 
mining location ; but such additional land shall in no case exceed five acres 
in extent and shall be paid for at the same rate as a mining location. 

13. The Superintendent Greneral of Indian Affairs may grant a location 
for the mining of iron not exceeding 160 acres in area. Provided, that 
should any person making an application purporting to be for the purpose 
of mining iron thus obtain, whether in good faith or fraudulently, posses- 
sion of a valuable mineral deposit other than iron, his right in such deposit 
shall be restricted to the area hereinbefore prescribed for other minerals, 
and the rest of the location shall thereupon revert to the Crown for such 
disposition as the Minister may direct. 

14. When there are two or more applicants for any mining location, 
no one of whom is the original discoverer, or his assignee, the Superin- 
tendent Greneral of Indian Affairs, if he sees fit to dispose of the location, 
shall invite their competitive tenders, or shall put it up to public tender, 
or auction, as he may deem expedient. 

15. An assignment of the right to purchase a mining location shall be 
indorsed on the back of the receipt or certificate of assignment (Forms B 
and E, in the schedule hereto) and the exepution thereof shall be attested 
by two disinterested witnesses ; upon the deposit of the receipt or certifi- 
cate with such assignment executed and attested as herein provided, in the 
office of the local agent, accompanied by a registration fee of two dollars, 
the local agent shall give to the assignee a receipt in the Form £ in the 
schedule hereto, which certificate shall entitle the assignee to all the rights 
and privileges of the original discoverer in respect of the claim assigned ; 
and the said assignment shall be forwarded to the Superintendent General 
of Indian Affairs by the local agent at the same time and in like manner 
as his other returns respecting Indian lands, and shall be registered in the 
Department of Indian affairs ; and no assignment of the right to purchase 
a mining location which is not unconditional and in all respects in accord- 
ance with the provisions of this clause, and accompanied by the registra- 
tion fee herein provided for, shall be recognized by the local agent or 
registered in the Department of Indian Affairs. 

16. If application be made under the next preceding clause by the 
assignee of the right to purchase a mining location, and such claim is duly 
recognized and registered, as hereinbefore provided, such assignee shall, 
by complying with all the provisions of clauses 5 and 7, become entitled 
to purchase the location for the price and on the terms prescribed in these 
reflations, whether or not his assignor may have previously acquired a 
mining location under them. 

II.— Placer Mining. 

17. The regulations hereinbefore laid down in ret^pect of quartz min- 
ing shall be applicable to placer mining so far as they ^^^^ J^Qp^tries, 

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ORDERS IN COUNCIL, &c. Ixix 

Indian Affairs 

entry fees, assignments, marking of loc^ations, agents' receipts, and gener- 
ally where they can be api^lied, save that the boundaries of placer mining 
claims need not be due north and south and east and west lines, and except 
as otherwise herein provided. 

Nature and Size of Claims 

18. The size of claims shall be as follows : — 

(a.) For " bar diggings," a strip of land 100 feet wide at high water 
mark, and thence extending into the river to its lowest water level. 

(b.) For " dry diggings," 100 feet square. 

(c) '* Creek and river claims " shall be 100 feet long, measured in the 
direction of the general course of the stream and shall extend in width 
from base to base of the hill or bench on each side, but when the hills or 
benches are less than 100 feet apart the claim shall be 100 feet square. 

(rf.) '' Bench claims " shall be 100 feet square. 

(e.) Every claim on the face of any hill, and fronting on any natural 
stream or ravine, shall have a frontage of 100 feet, drawn parallel to the 
main direption thereof, and shall be laid out, as nearly as possible, in the 
manner prescribed by section 4 of these regulations. 

(/.) If any miner or association of miners shall discover a new mine, 
and such discovery shall be established to the satisfaction of the agent, 
claims of the following size, in dry, bar, bench, creek, or hill diggings, 
shall be allowed : — 

To one discoverer ..., 300 feet in length. 

'* a party of two (iOO 

three 800 

four 1,000 

and to each member of a party beyond four in number, a claim of the 
ordinary size only. 

A new stratum of auriferous earth or gTavel, situated in a locality 
where the claims are abandoned, shall for this purpose be deemed a new 
mine, although the same locality shall have been previously worked at 
a different level ; and dry diggings discovered in the vicinity of bar dig- 
gmgs shall be deemed a new mine, and vice versa. 

Rights and Duties of Miners, 

19. The forms of application for a grant for placer mining, and the 
grant of the same shall be those contained in Forms F and Gr in the 
schedule hereto. 

20. The entry of every holder of a grant for placer milling must be 
renewed, and his receipt relinquished and replaced, every year, the entry 
fee being paid each time. 

21. No miner shall receive a grant of more than one mining claim in 
the same locality, but the same miner may hold any number of claims by 
purchase, and any number of miners may unite to work their claims in 
common upon such terms as they may arrange, provided such agreement 
be registered with the local agent. 

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Ixi ORDERS IN COUNCIL, &c. 

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22. Any miner or association of miners may sell, mortgage, or dispose 
of his or their claims, provided such disposal be registered with, and a 
fee of two dollars paid to the local agent, who shall thereupon give the 
assignee a certificate in Form H in the schedule hereto. 

23. Every miner shall, during the continuance of his grant, have the 
exclusive right of entry upon his own claim, for the miner-like working 
thereof, and the construction of a residence thereon, and shall be entitled 
exclusively to all the proceeds realized therefrom, but he shall have no 
surface rights therein ; and the local agent may grant to the holders (rf 
adjacent claims such right of entry thereon as maybe absolutely necessary 
for the working of their claims, upon such terms as may to him seem 
reasonable. 

24. Every miner shall be entitled to the use of so much of the water 
naturally flowing through or past his claim, and not already lawfully 
appropriated, as shall, in the opinion of the lo<*al agent, be necessary for 
the due working thereof ; and shall be entitled to drain his own claim 
free of charge. 

25. A claim shall be deemed to be abandoned and open to occupation 
and entry by any person when the same shall have remained unworked 
on working days by the grantee thereof for the space of seventy-two hours, 
unless sickness or other reasonable cause be slu^wn, or unless the grantee is 
absent on leave. 

26. A claim granted under these regulations shall be continuously 
and in good faith worked, except as otherwise provided, by the grantee 
thereof or by some person on his behalf. 

27. In tunnelling under hills, on the frontage of which angles occur, 
or which may be of an oblong or elliptical form, no party shall be allowed 
to tunnel from any of the said angles, or from either end of such hills, so 
as to interfere with parties tunnelling from the main frontage. 

28. Tunnels and shafts shall be considered as belonging to the claim 
for the use of which they are constructed, and as abandoned or forfeited 
by the abandonment or forfeiture of the claim itself. 

29. For the more convenient working of back claims on benches or 
slopes, the local agent may permit the owners thereof to drive a tunnel 
through the claims fronting on any creek, ravine or water-course upon 
such terms as he may deem expedient. 

Leave of absence. 

30. In cases where water is necessary to the continuance of mining 
operations and the supply of water is insufficient, the agent shall have power 
to grant leave of absence to the holder of the grant during such insuffi- 
ciency but no longer, excei)t by permission of the Superintendent Greneral 
of Indian Affairs. 

31. Any miner or association of miners shall be entitled to leave of 
absence for one year from his or their diggings upon proving to the satis- 
faction of the agent that he or they has or have expended on such diggings 
in cash, labor or machinery an amount not less than five hundred dollars 
on each of such diggings without any return of gold or other minerals in 
reasonable quantities from such expenditure. C^ooalp 

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82. The time oc<upied by the locator of a claim in going to and 
returning from the office of the local agent to enter his claim, or for other 
purposes prescribed by these regulations, shall not be counted against him, 
but he shall, in such cases, be deemed to be absent on leave. 

Administration. 

33. In case of the death of any miner while entered as the holder of 
any mining claim, the provisions as to abandonment shall not apply either 
during his last illness or after his decease. 

34. The local agent shall take possession of the mining property of the 
deceased, and may cause such mining property to be duly worked, or dis- 
pense therewith, at his option, and he shall sell the property by private 
sale, or, after ten days' notice thereof, by public auction, upon such terms 
as he shall deem just, and out of the proc(»eds pay all costs and charges 
incurred thereby, and pay the balance, if any, to the legal representatives 
of the said deceased miner. 

35. The local agent, or any person authorized by him, shall take 
charge of all the property of deceased miners until the issui^ of letters of 
administration. 

IIL—Bed Rock Flumes. 

86. It shall be lawful for any local agent, upon the application here- 
inafter mentioned, to grant to any bed-rock flume company, for any 
term not exceeding five years, exclusive rights of way through and entry 
upon any mining ground in his district, for the purpose of constructing, 
laying and maintaining bed-rock flumes. 

37. Three or more persons may constitute themselves into a bed-rock 
flume company, and every application by them for such grant shall state 
the names of the applicants and the nature and extent of the privileges 
sought to be acquired. Ten clear days* notice thereof shall be given 
between the months of June and November, and between the months of 
November and June one month's notice shall be given, by affixing the 
same to a post planted in some conspicuous part of the ground or to the 
face of the rock, and a copy thereof conspicuously upon the inner walls of 
the Indian office of the district. Prior to such application, the ground 
included therein shall be marked out in the manner prescribed in sub- 
section a of clause four of these regulations. It shall be competent for any 
person to protest before the local agent within the times hereinbefore 
prescribed for the notice of such application, but not afterwards, against 

iuch application being granted. Every application for a grant shall be 
iccompanied by a deposit of $100, which shall be returned if the applica- 
iou be refused, but not otherwise. 

38. Every such grant shall be in writing, in the Form I given in the. 
ichedule hereto. 

39. The holders of claims through which the line of the company's 
iume is to run may put in a bed-rock flume, in their claims to connect 
Jnth the company's flume, upon giving the company ten days' notice in 
writing to that effect ; but they shall maintain the like grade, and build 

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their flume as thoroughly, and of as strong materials, as that built by such 
company. 

40. Every bed-rock flume company shall lay at least fifty feet of 
flume during the first year and one hundred feet annually thereafter, until 
completion of the flume. 

41. Any miners lawfully working any claims where a bed-rock flume 
exists, shall be entitled to tail their sluices, hydraulics and ground sluices 
into such flume, but so as not to obstruct the free working of such flume 
by rocks, stones, boulders or otherwise. 

42. Upon a grant being made to any bed-rock flume company, the 
local agent shall register the same, and the company shall pay for such 
registration a fee of $10. They shall also pay, in advance, an annual rent 
of $10 for each quarter of a mile of right of way legally held by them. 

IV. — Drainage of Minks. 

43. The Superintendent General of Indian Affairs may grant to any 
person, or association of persons, permission to run a drain or tunnel for 
drainage purposes through any occupied mining land, and may give such 
persons exclusive rights of way through and entry upon any mining 
ground for any term not exceeding five years, for the purpose of construct- 
ing a drain or drains for the drainage thereof. 

44. The grantee shall compensate the owners of lands or holders of 
claims entered upon by him for any damage they may sustain by the con- 
struction of such tunnel or drain, and such compensation, if not agreed 
upon, shall be settled by the local agent and be paid before such drain or 
tunnel is constructed. 

45. Such tunnel or drain, w^hen constructed, shall be deemed to be 
the proi)erty of the person or persons by whom it shall have been so con- 
structed. 

46. Every application for a grant shall state the names of the appli- 
cants, the nature and extent of the proposed drain or drains, the amount 
of toll (if any) to be charged, and the privileges sought to be acquired, and 
shall, save where the drain is intended only for the drainage of the claim 
of the person constructing the same, be accompanied by a deposit of $25, 
which shall be refunded m case the application is refused, but not other- 
wise. Notice of the application shall be given, and protests may be made 
in the same manner as provided in regard to bed-rock flumes. 

47. The grant of the right of M^ay to construct drains or tunnels, shall 
be made in the Form J in the schedule hereto. The grant shall be regis- 
tered by the grantee in the office of the local agent, to whom he shall at 
the time pay a registration fee of $5, or, if the grant gives power to collect 
lolls, a fee of $10. An annual rent of $10 shall be paid, in advance, by 
the said grantee for each quarter of a mile of right of way legally held by 
him, save where the drain shall be for the purpose of draining only the 
claim of the person constructing the same. 

V. — DiTJHES. 

48. The Superintendent General of Indian Affairs may, upon the 
application hereinafter mention«»d, grant to any person, or association of 

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persons, for any term not exceeding five years, the right to divert and use 
the water from any stream or lake, at any particular part thereof, and the 
rights of way through and entry upon any mining ground, for the purpose 
of constructing ditches and flumes to convey such water ; provided always, 
that every such grant shall be deemed as appurtenant to the mining claim 
in respect of which it has been obtained, and, whenever the claim shall 
have been worked out or abandoned, or whenever the occasion for the use 
of such water upon the claim shall have permanently ceased, the grant 
shall be at an end and determine. The grantee shall record the said grant 
with the local agent during each year of the continuance of the same, and 
whilst it shall be in operation. 

49. Twenty days' notice of the application shall be given, by affixing 
the same to a post planted in some conspicuous part of the ground, and a 
copy thereof conspicuously upon the inner walls of the Indian office for 
the district, and any person may protest within such twenty days, but not 
afterwards, against such applications being wholly or partially granted. 

50. Every application for a grant of water exceeding two hundred 
inches, shall be accompanied by a deposit of twenty-five dollars, which 
shall be refunded in case the application is refused, but not otherwise. 

61. Every such application shall state the names of the applicants, 
the name or description of the stream or lake to be diverted, the quantity 
of w^ater to be taken, the locality for its distribution, and the price (if any) 
to be charged lor the use of such water, and the time necessary for the 
completion of the ditch. The grant shall be in Form K in the schedule 
hereto. 

52. Every grant of a water privilege on unoccupied creeks, shall be 
subject to the right of such miners as shall, at the time of such grant, be 
working on the stream above or below the ditch head, and of any other 
persons lawfully using such water for any purpose whatsoever. 

63. If, after the grant has been made, any miner or miners, locate and 
bona fide work any mining claim below the ditch head, on any stream so 
diverted, he or they collectively shall be entitled to forty inches of water 
if two hundred inches be diverted, and sixty inches if three hundred 
inches be diverted, and no more, except upon paying to the owner of the 
ditch, and all other persons interested therein, compensation equal to the 
amount of damage sustained by the diversion of such extra quantity of 
water as may be required ; and, in computing such damage, the loss sus- 
tained by any claims using water therefrom, and all other reasonable losses, 
shall be considered. 

54. No person shall be entitled to a grant of the water of any stream, 
for the purpose of selling the water to present or future claim holders, on 
any part of such stream. The Superintendent General of Indian Affairs 
may, however, grant such privileges as he may deem just, when such 
ditch is intended to work bench or hill claims fronting on any such stream, 
provided that the rights of miners then using the water so applied for, 
he protected. 

55. 1 he Superintendent Greneral of Indian Affairs may, on the report 
of the local agent that such action is desirable, order the enlargement or 



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alteration of any ditch, and fix the compensation (if any) to be paid by 
parties to be benefited thereby. 

56. Every owner of a ditch or water privilege shall take all reason- 
able means for utilizing the water granted to him ; and if he wilfully 
take and waste any unreasonable quantity of water, the Minister may, 
upon the report of the local agent, if such offence be persisted in, declare 
all rights to the water forfeited. 

57. The owner of any ditch or water privilege may distribute the 
water to such persons, and on such terms, as he may deem advisable, 
within the limits mentioned in his grant ; provided always, that such 
owner shall be bound to supply water to all miners who make application 
therefor, in a fair proportion, and shall not demand more from one person 
than from another, except where the difficulty of supply is enhanced. 

58. Any person desiring to bridge any stream, claim, or other place, 
for any purpose, or to mine under or through any ditch or flume, or to 
carry water through or over any land already 0( cupied, may, in proper 
cases, do so with the written sanction of the local agent. In all such 
cases, the right of the party first in possession is to prevail, so as to enable 
him to compensation if the same be just. 

59. In measuring water in any ditch or sluice, the following rules 
shall be observed : The water taken into a ditch or sluice shall be 
mea.sured at the ditch or sluice head. No water shall be taken into a 
ditch or sluice, except in a trough placed horizontally at the place at 
which the water enters it. One inch of water shall mean half the quantity 
that will pass through an orifice two inches high by one inch wide, with 
a constant head of seven inches above the upper side of the orifice. 

60. Whenever it shall be intended, in forming or upholding any ditch, 
to enter upon and occupy any part of a registered claim, or to dig or looseu 
any earth or rock, within four feet of any ditch not belonging solely to 
the registered owner of such claim, three days' notice, in writing, of such 
intention shall be given .before entering or approaching within four feet 
of such other property. 

61. Any person engaged in the construction of any road or work 
may, with the sanction of the Superintendent Cleneral of Indian Affairs, 
cross, divert, or otherwise interfere with any ditch, water privilege, or 
other mining rights whatsoever, for such period as the Minister shall ap- 
prove. 

62. The Minister shall order what compensation for every such damag-e 
or interference shall be paid, and when, and to whom, and whether any 
and what works, damaged or affected by such interference as aforesaid 
shall be replaced by flumes or otherwise repaired by the person or persons 
inflicting any such damage. 

63. The owners of any ditch, water privilege, or mining right shall, 
at their own expense, construct, secure and maintain all culverts necessary 
for the passage of waste and superfluous water flowing through or 
over any such ditch, water privilege or right. 

64. The owners of any ditch or water privilege shall construct and 
secure the same in a proper and substantial manner, and maintain the 



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same in good repair to the satisfaction of the local agent, and so that no 
damage shall occur to any road or work in its vicinity from any part of 
the works of such ditch, water pri^alege or right. 

65. The owners of any ditch, water privilege or right shall be liable, 
and shall make good, in such manner as the local agent shall determine, 
all damages which may be occasioned by or through any parts of the 
works of such ditch, water privilege or right breaking or being imperfect. 

66. Nothing herein contained shall be construed to limit the right of 
the lieutenant Governor of the North-West Territories in Council, or of 
the proper authority in any Province containing Indian lands, to lay out, 
from time to time, publico roads across, through, along or under any ditch, 
water privilege or mining right, without compensation 

VI.— GExXERAL ritovisiONS. 
Interpretation. 

67. In these regulations the following expressions shall baye the fol- 
lowing meaning respectively, unless inconsistent with the context : — 

" Minister '' shall mean the Superintendent General of Indian Affairs. 

"Agent" or "local agent" shall mean the Indian agent, Indian 
superintendent or Indian lands agent, as the case may be, for the district, 
or other officer api)ointed by the Government for the particular purpose 
referred to. 

"Mineral " shall include all minerals whatsoever other than coal. 

" Close season " shall mean the period of the year during which 
placer mining is generally suspended. 

"Miner" shall mean a person holding a mining location or a grant 
for placer mining. 

" Claim " shall mean the personal right of property in a placer mine 
or diggings during the time for which the grant of such mine or diggings 
is made. 

" Bar diggings " shall mean any mine over whi<h a river extends 
when in its flooded state. 

"Dry diggings" shall mean any mine over whir-h a river never 
extends. 

The mines or benches shall be known as " Bench Digging," and shall, 
for the puri)Ose of defining the size of such claims, be excepted from " dry 
diggings." 

" Streams and ravines " shall include water-courses whether usually 
containing water or not, and all rivers, creeks and gulches. 

"Ditch " shall include a flume or race, or other artificial means for 
conducting water by its own weight, to be used for mining purposes. 

"Ditch head" shall mean the point in a natural water-course or lake 
where water is first taken into a ditch. 

" Claimant " shall mean a person who has obtained an entry for a 
mining location with a view to patent. 

" Placer mining " shall mean the working of all forms of deposits 
excepting veins of quartz or other rock in place. 

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" Qaartz niiuing " shall mean the working of veins of quartz, or other 
Tock in place. 

" Location " shall mean the land entered by or patented to any person 
for the purpose of quartz mining. 

Hearing and Decision of Disputes. 

68. The local agent shall have power to hear and determine all dis- 
putes in regard to mining property arising within his district, subject to 
appeal, by either of the parties, to the Deputy Superintendent General of 
Indian Affairs. 

6i*. No particular forms of procedure shall be necessary, but the mat- 
ter complained of must be properly expressed in writing, and a copy of 
the complaint shall be served on the opposite party not less than 
days before the hearing of the said complaint. 

70. The complaint may, by leave of the local agent, be amended at 
any time before or during the proceedings. 

71. The complainant shall, at the time of filing his complaint, deposit 
therewith a bond-fee of $10, which shall be returned to him if the com- 
plaint proves to have been well-founded, and not otherwise, except for 
special cause by direction of the Superintendent General of Indian Affairs. 

72. In the event of the decision of the local agent being made the 
subject of an appeal to the Deputy Superintendent General of Indian 
Affairs, the appellant shall, at the time of lodging the appeal, deposit with 
the local agent a bond fee of $10, which shall be returned to the said 
appellant if his appeal proves to have been well-founded, and not other- 
wise, except for special cause by direction of the Superintendent General 
of Indian Affairs. 

73. The appeal must be in writing and must be lodged with the local 
agent not more than three days after he has given his decision, and must 
state the grounds upon which the said decision is appealed from. 

74. If the Deputy Superintendent General of Indian Affairs decides 
that it is necessary to a proper decision of the matter in issue to have an 
investigation on the ground, — or in cases of disputed boundaries or mea- 
surements, to employ a surveyor to measure or survey the land in question, 
the expense of the inspection or re-measurement or re-survey, as the case 
may be, shall be borne by the litigants, who shall pay into the hands of 
the said Deputy Superintendent General of Indian Affairs, in equal parts, 
such sum as he may think sufficient for the same before it takes place; 
otherwise it shall not proceed, and the party who refuses to pay such sum 
shall be adjudnred in default. The said Deputy Superintendent General 
of Indian Affairs shall subsequently decide in what proportion the said 
expense should be borne by the parties respectively, and the surplusage, 
if any, shall then be returned to the parties as he may order. 

75. All bond fees adjudged as forfeited by the local agent or Deputy 
Superintendent General of Indian Affairs, and all payments retained under 
the last preceding section shall, as soon as decision has been rendered, and 
^1 entry and other fees or moneys shall, as soon as they have been received 
by him, be paid by the said agent or Deputy Superintendent General of 



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Indian Affairs to the credit of the Receiver General in the same manner 
as other moneys received by him on account of Indian lands. 

Leave of Absence, 

*76. The agent in each district shall, under instructions from the 
Superintendent General of Indian AjSkirs, declare the close season in his 
district. 

77. Each holder of a mining location or of a grant for placer mining 
shall be entitled to be absent from his mining location or diggings and to 
suspend work thereon during the close season. 

78. The local agent shall have power to grant leave of absence to the 
holder of a mining location or grant for placer mining pending the deci- 
sion of any dispute in which he is concerned under these regulations. 

79. The Superintendent General of Indian Affairs shall, from time to 
time, as he may think fit, declare the boundaries of mineral and mining 
districts, and shall cause a description of the same to be published in the 
Canada Gazette. 

80. The Superintendent General of Indian Affairs may direct mineral 
and mining locations to be laid out within such districts wherever, from 
report of the director of the Geological Survey, or from other information, 
he has reason to believe there are mineral deposits of economic value, and 
may sell the same to applicants therefor, who, in his opinion, are able and 
intend in good faith to work the same ; or he may, from time to time, 
cause the said locations to be sold by public auction or tender. Such sales 
shall be for cash, and at prices in no case lower than those prescribed for 
locations sold to original discoverers, and shall otherwise be subject to all 
the provisions of these regulations. 

Royalty, 

81. The patent for a mining or mineral location shall reserve to the 
Crown, forever, a royalty of 4 per cent, on the sales of the products of all 
mines therein in trust for the Indians interested in the land patented. 

82. Returns shall be made by the grantee, sworn to by him, or by his 
agent or other employe in charge of the mine, at monthly or other such 
intervals as may be required by the Superintendent General of Indian 
Affairs, of all products of his mining location, and of the price or amount 
he received for the same. 

Miscellaneous. 

88. The local agent shall have the power to summarily order any 
mining works to be so carried on as not to interfere with or endanger the 
safety of the public, any public work or highway, or any mining property, 
mineral lands, mining claims, bed-rock drains or flumes ; and any 
abandoned works may, by his ord:^r, be either filled up or guarded to his 
satisfection, at the cost of the parties who may have constructed the same, 
or in their absence upon such terms as he shall think fit. 



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lixviii ORDERS IN COUNCIL, &c. 

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84. The agent in each district, acting under instructions to be from 
time to time issued by the Superintendent G-eneral of Indian Affairs, shall 
cause to be laid out, at the expense of the person or persons applying for 
the same, a space of ground for deposits of leavings and deads from any 
tunnel or mining ground. 

Forfeiture. 

85. Ill the event of the breach of these regulations or any of them, by 
any person holding a grant or right of any description from the Crown, or 
from the Superintendent General of Indian Affairs, or from any duly 
authorized officer of Indian lands, such right or grant shall be absolutely 
forfeited ipsojacto, and the person so offending shall be incapable there- 
after of acquiring any such right or grant, unless for special cause other- 
wise decided by the Superintendent General of Indian Affairs. 

SCHEDULE TO MINING RliGULATIONS. 

Form A. — Application and Affidavit of Discoverer of Quartz Mine. 

I, (A.B.) of hereby apply' 

under the Indian Lands Mining Regulations, for a mining location in 

(here give general description of locality) 
for the purpose of mining for 

(here name the metal or mineral) 
and I hereby and solemnly swear: — 

1. That I have discovered therein a deposit of 

(here name the metal or mineral). 

2. That I am to the best of my knowledge and belief the first discov- 
erer of the said deposit. 

3. That 1 am unaware that the land is other than vacant Indian land. 

4. That I did, on the day of 

mark out on the ground, in accordance with every particular with the 
provisions of sub-section a, of clause 4 of the said mining regulations, the 
location for which I make this application, and that in so doing I did not 
encroach on any mining location previously laid out by any other person 

b. That the said mining location contains, as nearly as I could measure 
or estimate, an area of acres, and that the 

description (and sketch, if any), of this date hereto attached, signed by me, 
set forth in detail to the best of my knowledge and ability its position, 
form aiul dimensions 

6. That I make this application in good faith to acquire the land for 
the 8ole purpose of mining to be prosecuted by myself, or by myself and 
associates, or by my assigns. 

Sworn before me at ) 

this day of > (Signature) 

18 \ 



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Form B. — Receipt for the Fee Paid by Applicant for Mining 

Location. 

No 

Department of Indian Affairs, 

Office of the Indian Agency at 18 . 

Received from (A.B.) of 

five dollars, being the fee required bjr sub-section 6, of clause four of the 
Indian Lands Mining Regulations, accompanying his application No. ,, 
dated 18 , for a mining location in 

(insert general description of locality). 

This receipt authorizes the said (A.B.) his legal 

representatives or assigns, to enter into possession of the said mining loca- 
tion, and, during the term of one year from the date of this receipt, to take 
therefrom and dispose of any mineral deposit contained within its boun- 
daries, and, on due compliance at any time within that period with the 
several requirements in that behalf of the said mining regulations, entitles 
him or them to purchase the said location which, provisionally, and until 
survey thereof, may be known and described as follows : (insert descrip- 
tion in detail). 

If the said (A.B.) or his legal representatives or 

assigns, fail to comply, as aforesaid, with the conditions that would entitle 
him or them to purchase within one year from this date, or, having so 
complied, do not within that time make payment in full for the land, and 
also pay the sum of fifty dollars prescribed in the said regulations for the 
survey of the location, then the right to purchase shall lapse and the min- 
ing location shall revert to the Crown, to be otherwise disposed of as may 
be directed by the Superintendent General of Indian Affairs. 

Indian Agent. 



Form C. — Receipt for Fee on Extension of Time fob Purchase of a 

Mining Location. 

No 

Department of Indian Affairs, 

Office of the Indian Agency at , 18 . 

Received from (A.B.) of , five dollars, being 

the fee required by clause eight of the Indian Lands Mining Regulations, 
accompanying his application No. , dated 18 , for the ex- 

tension of the time within which he may purchase the mining location 
described as follows : (insert description in detail) for which he obtained 
an entry No. on the 18 

This receipt authorizes the said (A.B ) his legal repre- 

sentatives or assigns, to continue in possession of the said mining location, 
and durinff the term of one year from the 18 , to take there- 

firom and dispose of any mineral deposit contained within its boundaries. 



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Ixxx ORDERS IN COUNCIL, Sec. 

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and, on due compliance at any time within that period with the several 
requirements in that behalf of the said mining regulations, entitles him 
or them to purchase the said location which, provisionally, and until 
survey thereof, may be known and described as above. 

If the said (A.B.) or his legal representatives or as- 

signs, fail to comply, as aforesaid, with the conditions that would entitle 
him or them to purchase within one year from this date, or having so 
complied, do not within that time make payment in full for the land, and 
also pay the sum of fifty dollars prescribed in the said regulations for the 
survey of the location, then the right to purchase shall lapse, and the 
mining location shall revert to the Crown, to be otherwise disposed of as 
may be directed by the Superintendent General of Indian Affairs. 

Indian Ascent, 



Form D. - Patent of a Mining Location. 

Victoria, by the Grace of God, of the United Kingdom of Great Britain 

and Ireland, Queen, Defender of the Faith — ^To all to whom these 

presents shall come. Greeting : 

Know ye that Ave do by these presents, for us, our heirs and successors, 
in consideration of (the fulfilment of the Indian Lands Mining Begula- 
tions of our Dominion of Canada) give and grant unto , h 

heirs and assigns, all that parcel or lot of land situate 
and numbered on the official plan of survey of the said , 

to have and to hold the said parcel of land, and all minerals, precious and 
base, which may be found therein, unto the said h heirs and 

assigns forever ; 

Provided that it shall at all times be lawful for us, our heirs and suc- 
cessors, or any person by our authority, to resume any portion (not ex- 
ceeding one-twentieth part) of the said lands for making roads, canals, 
bridges, towing paths, or other works of public utility or convenience, 
hut no such resumption shall be made of land on which any permanent 
buildings may have been erected, without compensation ; 

Provided also, that it shall be lawful for any person duly authorized 
by us, our heirs and successors, to take and occupy such water privileges, 
and to have and enjoy such right of carrying water over, through or 
ixnder any parts of the hereditaments hereby granted as may be reason- 
ably required for agricultural or other purposes in the vicinity of the said 
land, upon paying therefor a reasonable compensation to the aforesaid 
, h heirs and assigns ; 

Provided further, that a royalty of four per cent, shall be paid to us, 
our heirs and successors, upon all the gold and silver produced from the 
said lands. 



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ORDERS IN COUNCIL, &c. Ixxxi 

Indian Affairs. 

Form E. — Certificate of the Assignment of a Mining Ix)Cation. 

No 

Department of Indian Affairs, 

Office of the Indian Agency at , 18 . 

This is to certify that (B.C.) of has filed an assignment iu 

due form, dated 18 , and accompanied by a registration fee 

of two dollars, of the right of (A.B.) of to purchase the 

mining location in (here insert general description of locality) ap- 

plied for by the said (A.B.) on the 18 

This certificate entitles the said (B C), or his legal representatives or 
assigns, to all the rights and privileges of the said (A.B.), in respect of the 
claim assigned and hereinafter described; that is to say, to enter into 
possession of the said mining location, and during the term of one year 
irom the date of the receipt No. , granted to the said (A.B.), dated the 
day of 1« , to take therefrom and dispose of 

any mineral deposit contained within its boundaries, and on due com- 
pliance at any time within that period with the several requirements iu 
that behalf of the said mining regulations, entitles him or them to pur- 
chase the said location, which, provisionally, and until survey thereof, 
may be known and described as follows : — (Insert description in detail.) 

If the said (B.C.), or his legal representatives or assigns, fail to comply 
as aforesaid with the conditions that would entitle them to purchase 
within one year of the date of the receipt granted to (A.B.), and now 
deposited with me, or having so complied, do not within that time make 
payment in full for the land, and also pay the sum of fifty dollars pre- 
scribed in the said regulations for the survey of the location, then the 
right to purchase shall lapse, and the mining location shall revert to the 
Crown, to be otherwise disposed of as may be directed by the Superin- 
tendent Greneral of Indian AflFairs. 

Indian Agent. 



Form F. — Application for grant for Placer Mining and Affidavit 

OF Applicant. 

I, (A.B.), , hereby apply, under the Indian Lands 

Mining Regulations, for a grant of a claim for placer mining, as defined 
in the said regulations, in 

(here describe locality) 
and I solemnly swear : 

1. That I have discovered therein a deposit of (here name the metal 
or mineral). 

2. That I am, to the best of my knowledge and belief, the first dis- 
'^overer of the said deposits ; or 

(2. That the said claim was previously granted to (here name the last 
grantee), but has remained un worked by the said grantee for not less 
than) 

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Ixxxii ORDERS IN COUNCIL &c. 

Indian Affairs. 

3. That I am unaware that the land is other than vacant Indian land. 

4. That I did, on the day of , mark 
out on the grouiid, in accordance, in every particular, with the provisions 
of sub-section a of clause four of the said mining regulations, the claim for 
which I make this application, and that in so doing I did not encroach on 
any other claim or mining location previously laid out by any other 
person. 

5. That the said claim contains, as nearly as I could measure or esti- 
mate, an area of 

square feet, and that the description (and sketch, if any) of this date hereto 
attached, signed by me, sets forth in detail, to the best of my knowledge 
and ability, its position, form and dimensions. 

6. That I make this application in good faith to acquire the claim for 
the sole purpose' of mining to be prosecuted by myself, or by myself and 
associates, or by my assigns. 

Sworn before me at , ) 

this day of , > (Signature.) 

18 ) 



Form U.— Grant for Placer Mining. 

No...... 

• Department of Indian A ffair**?, 

Office of the Indian Agency, at 18 . 

In consideration of the payment of five dollars, being the fee required 
by the provisions of the Indian Lands Mining Regulations, clauses four 
and twenty, by (A.B.), of accompanying^ 

his application No. , dated 18 , for a mining 

claim in (here insert description of locality.) 

The Superintendent General of Indian Affairs hereby grants to the 
said (A.B.) , for the term of one year from the date hereof^ 

the exclusive right of entry upon the claim (here describe 

in detail the claim granted) for the miner-like working 

thereof and the construction of a residence thereon, and the exclusive right 
to all the proceeds realized therefrom. 

The said ( A . B.) shall be entitled to the use of so much 

of the water naturally flowing through or past his claim, and not already 
lawfully appropriated, as shall be necessary for the due working thereof, 
and to drain his claim free of charge. 

This grant does not convey to the said (A. B.) any 

surface rights iu the said claim, or any right of ownership in the soil 

covered by the said claim ; and the said grant shall lapse and be forfeited. 

unless the claim is continuously and in good faith worked by the said 

(A. B.) or his associates. 

The rights hereby granted are those laid down in the aforesaid min- 
ing regulations, and no more, and are subject to all the provisions of the 
said regulations, whether the same are expressed herein or not. 

Indian Agent. 



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ORDERS IN COUNCIL, &c. Ixxxiii 

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Form H. — Certificate of the Assignment op a Placer Mining Claim. 

No 

Department of Indian Affairs, 

Office of the Indian Agency at , 18 . 

This is to certify that ' (B. C) of , has filed 

an assignment in due form, dated 18 , and accompanied 

bv a registration fee of two dollars, of the grant to (A. B,) 

of of the right to mine in (insert description of claim) 

for one year from the , 18 . 

This certificate entitles the said (B.C ) to all the rights 

and privileges of the said (A.B.) in respect of the claim 

assigned, that is to say, to the exclusive right of entry upon the said claim 
for the miner-like working thereof, and the construction of a residence 
thereon, and the exclusive right to the proceeds realized therefrom, for the 
remaining portion of the year tor which the said claim was granted to the 
said (A.B.) , that is to say, until the day of 

,18 . 

The said (B.C.) shall be entitled to the use of so much 

of the water naturally flowing through or past his claim and not already 
lawfully appropriated as shall be necessary for the due working thereof,, 
and to drain his claim free of charge. 

This grant does not convey to the said (B.C.) any sur- 

face rights in the said claim, or any right of ownership in the soil covered 
by the said claim ; and the said grant shall lapse and be forfeited unless 
the claim is continuously and in good faith worked by the said 
(B.C.) or his associates. 

The rights hereby granted are those laid down in the aforesaid min- 
ing regulations, and no more, and are subject to all the provisions of the 
said regulations, whether the same are expressed herein or not. 

Indian Agent. 



Form I. — Grant to a Bed-Kock FlUxME Company. 
No 

Department of Indian Affairs, 

Office of the Indian Agency, at , 18 . 

In consideration of the payment of a deposit of one hundred dollars, 
required by clause thirty-seven of Indian Lands Mining Regulations to be 
made with the application of -a Be^d-Rock Flume Company, and of the 
farther sum of ten dollars, being the fee for registration of this grant 
required by clause forty-two of the said regulations. 

The Superintendent General of Indian Affiiirs hereby pants to (names 
of members of company) forming together a Bed-Rock Flume Company 
[known as the (title of company) ], the following rights and privileges, 
that is to say : — 

vol.. I— Fj n J 

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Ixxxiv ORDERS IN COUNCIL, &c. 

Indian Affairs. 

(a.) The rights of way through and entry upon any new and un- 
worked river, creek, gulch or ravine, and the exclusive right to locate and 
work a strip of ground one hundred feet wide and two hundred feet long 
in the bed thereof to each individual of the comx^any ; 

(6.) The right8 of way through and entry upon any river, creek, gulch 
or ravine worked by miners for any period longer than two years prior to 
such entry, and already wholly or partially abandoned, and the exclusive 
right to stake out and work both the unworked and abandoned portions 
thereof, one hundred feet in width, and one quarter of a mile in length for 
each individual of the company ; 

(c.) The rights of way through and entry upon all claims, which at 
the time of the notice of application, are in good faith being worked, for 
the purpose of cutting a channel and laying their Hume therein, with such 
reasonable space for constructing, maintaining and repairing the ilume as 
may be necessary. 

(d.) The use of so much of the unappropriated water of the stream on 
which they may be located, and of other adjacent streams, as may be 
necessary for the use of their flumes, hydraulic power, and machinery to 
carry on their operations and the right of way for ditches and flumes to 
convey the necessary water to their works, subject to the payment of any 
damage which may be done to other parties by running such ditch or 
flume through or over their ground ; 

ProA^ided, that the rights herein granted shall apply only to such 
claims and streams as are here si)ecified : (insert description 

of claims and streams) and such other claims and streams as 

may after due notice and application, be subsequently added to the above 
list by the Superintendent General of Indian Affairs, under the hand of 
the local agent ; 

Provided also, that the said company shall p$iy to the local agent, iu 
advance, an annual rent of ten dollars for each quarter of a mile of right 
of way legally held by them ; 

Provided, further, that this grant is subject to all the provisions of the 
Indian Lands Mining Regulations in that behalf, whether the same are 
expressed herein or not. 

This grant shall cease and determine at the expiration of 
years from the date hereof. 

Indian Asre^U, 



Form J. — Grant for Drainage. 
No 

Department of Indian Affairs, 

Office of the Indian Agency, at , 18 . 

In consideration of the payment of a deposit of twenty-five dollar 
required by clause forty-six of the Indian Lands Mining Regulations ti 
be made with the application for a grant of right of way to construct draini 
and of the further sum of dollars, being the fee for the regij 

tration of this grant required by clause forty-seven of the said regulation! 

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ORDERS IN COUNCIL, &c. Ixxxv 



Indian Affairs. 



The Superintendent General of Indian All'airs hereby grants to 
(name or names of grantee or grantees) the right to run a diain 

or tunnel for drainage purposes through the oceupied mining lands here 
specified (here describe mining lands) and further, 

for a term of from the date hereof, exclusive rights of way 

through and entry upon the following mining grounds: (here' 

insert description) for the purpose of constructing a drain or 

drains for the drainage thereof; and the right to charge the following tolls 
for the use thereof: (insert tariff' of tolls) ; 

Provided, that the grantee shall construct such drain or drains of suf- 
ficient size to meet all requirements within from the date hereof 
and keep the same in thorough working order and repair, and free from all 
obstructions ; and shall, within a reasonable time, construct pro]>er tap- 
drains from or into any adjacent claims, upon being requested by the 
owners thereof, and in default thereof shall permit such parties to make 
them themselves, in which case such parties shall only be chargeable with 
one-half the rates of drainage toll herein authorized; 

Provided, also, that the said grantee shall compensate the owners of 
lands or holders of claims entered upon by for any damage they 

may sustain by the construction of such tunnel or drain ; 

Provided, further, that the said grantee shall pay to the local agent, 
in advance, an annual rent of ten dollars for each quarter of a mile of 
right of w^ay legally held by ; 

Provided, further, that this grant is subject to all the provisions of 
the Indian Lands Mining Regulations in that behalf, whether the same 
are expressed herein or not. 

Indian Agent, 



Form K. — Grant of Right to Divrrt Water and CoNsTFiucT Ditches. 

No 

Department of Indian Affairs, 

Office of the Indian Agent at , 18 . 

In consideration of the payment of a deposit of twenty-five dollars, 
required by clause fifty of the Indian Lands Mining Regulations to be 
mside with the application for the right to divert water and construct 
ditches. 

The Superintendent General of Indian Affairs hereby giants to 

(A.B.) , for the term of years from the date hereof, the 

right to divert and use the water from (specify stream or lake) 

to the extent of inches, and no more, to ])e distributed as 

follows: — (describe lo< ality of distribution) together with 

the right to charge the following rates for the use of the said water : — 

(insert rates to be charged) and the rights of way through and 

entry upon the following mining grounds (insert description) 

for the purpose of constructing ditches and flum(|^A cxmia^y 



Ixxxvi ORDERS IS COUNCIL, &c. 



Indian Affairs. 



such water, provided such ditches and flumes are constructed and in 
working order within from the date hereof; 

Provided that this grant shall be deemed to be appurtenant to mining 
claim No. , and shall cease and determine whenever the said claim 

shall have been worked out or abandoned, or the occasion for the use of 
such w^ater upon the said claim shall have permanently ceased. 

Provided, also, that this grant is subject to all the provisions of the 
Indian Lands Mining Regulations in that behalf, whether the same are 
expressed herein or not. 

Indian A^ent, 

Vide Canada Gazette, Vol. XXI, p. 784. 



•"r*'- 



By Order in Council bearing date Wednesday, 26th October, 1887, under 
the provisions of the forty-first section of Chapter forty-three of the Revised 
Statutes of Canada, intituled: " An Act respecting Indians," the following 
regulations for the disposal of the surrendered Indian lands, prescribing 
the conditions on which sales of the same may be made subject to the con- 
ditions of surrender and the provisions of the aforesaid Act, were 
approved : 

Rkgulations for the Disposal of Surrendered Indians Lands, 

1st. Not more than four lots of 100 acres each, more or less, nor less 
than one such lot, or more than one section of 640 acres, more or less, or 
less than one quarter of such section shall be sold to any one purchaser. 

2nd. Not less than one-fifth of the purchase money shall be paid at date 
of sale, and the balance must be paid in equal annual consecutive instal- 
ments with interest at six per centum on each instalment from date of sale 
to date of payment. Payment to be made into a branch of any chartered 
bank of Canada, to the credit of the Minister of Finance and Receiver 
General, on account of Indian funds, and bank certificates — duplicate and 
triplicate — and drafts to be handed or sent to the agent within whose 
agency the lands on account of which such payment has been made are 
situated. 

8rd. Settlement on the lot or lots included in any sale, is one of the 
conditions thereof, and shall consist of actual occupation and improvement 
of the land, which must commence within six months from the date of 
gale and be continuous for a period of three years ; within which time there 
shall be cleared and fenced at least five acres in every one hundred acres, 
or in that proportion ; also a dwelling house of not less than 18 by 24 feet 
must be erected on the land included in any sale. 

4th. No timber, saw-logs, staves, lathwood, shingle bolts, cordwood, 
or any other description of wood may be cut for sale until the patent for 
the lot shall have issued, exc^ept that the same may be cut under license, 
issued under existing regulations governing the issue of such licenses, to 
the party residing thereon by the Indian lands agent, covering any trees 
cut on the location in actually clearing the land for^c^U^vation, other thaix 



ORDERS IN C^OUNCIL, &c. Ixxxvii 

Indian Affairs. 



pine or spruce, which are reserved from the operation of the sale of the 
land, and may be otherwise disposed of by the Department, and may bo 
cut and removed by the purchaser of said pine or spruce, up to the date on 
which the patent covering the land shall issue. 

5th. Any violations of the above conditions of sale will render the land 
in respect to which the same has taken place, as well as all moneys paid 
on account thereof, forfeitable, by order of the Superintendent General of 
Indian Affairs. 

6th. The above regulations as to occupation and improvement shall not 
apply to any lands in respect to which the Sup.^rintendent General of 
Indian Affairs has received a report sworn to by a competent, reliable, and 
disinterested person, appointed by the Superintendent General of Indian 
Affairs to examine such lands, that the same are in whole or for the most 
part unfit for cultivation. In the case of such lands, the Superintendent 
(Jeneral of Indian Affairs, may dispose of the same, or of the timber or 
other valuables thereon or therein, to the best possible advantaq^e in the 
interest of the Indians, without reference to occupation or improvement. 

Vide Canada Gazette, Vol. XXI, p. 1018. 



By Order in Council bearing date Tuesday, 11th October, 1887, under 
the provisions of the 4l8t section of chapter 43 of the Revised Statutes of 
Canada, intituled : " An Act respecting Indians," the following regulations 
for the disposal of coal lands within Indian reserves in the Province of 
Manitoba and in the North-West Territories, which have been or may 
be surrendered by the Indians to be disposed of for their benefit, were 
approved : — 

1. A royalty of ten cents on every ton of coal excavated shall be paid 
by the purchaser or purchasers of any coal lands situated within an Indian 
reserve. 

2. Coal lands situated on any reserve within the Cascade coal district 
which have been surrendered shall be sold at an upset price of $12.50 per 
acre cash, and the lands situated on Indian reserves within all the other 
coal districts at an upset price of $10 per acre cash. 

(a.) Not more than three hundred and twenty acres shall be sold to 
one applicant. 

(b.) When there is more than one applicant for the same coal location, 
the Superintendent General of Indian Affairs may invite competition 
between the several applicants, or offer the land for sale at public compe- 
tition by tender or by auction, as he may think expedient, at the upset 
price of coal lands in the district in which such coal location is situated. 

(c) When applications are made to purchase coal locations situated 
ontside of the organized coal districts, the Superintendent General of 
Indian Affairs may sell the same to the applicants at the price and on the 
teims which would apply if the lands were within an organized coal 
district. 

3. The boundaries beneath the surface of coal mining locations shall 
be the vertical planes or lines in which their surface boundariq^iieQ^Tp 

igi ize y g 



Ixxxviii ORDERS IN COUNCIL, &c. 



Indian Affairs, 



4. All tho employes, not being Indians of the reserve, engaged in 
mining on an Indian reserve, shall be married men living veith their wives 
and families, at or in the vicinity of the mines. 

5. The purchaser or purchasers, shall pay the wages of such number 
of constables, to be appointed by the Department, as may be necessary to 
prevent all intercourse between the Indians resident upon a reserve and 
the employes engaged in mining, and to preserve order among the 
employes This regulation, however, is not to apply to Indians resident 
upon such reserve who are legitimately employed in connection with the 
said mines, but it is intended for the purpose of excluding from the said 
mines Indians — male or female — not so employed, as well as to prevent 
employes other than Indians engaged in mining from visiting the portion 
oi the reserve occupied by the Indians. 

Vide Canada Gazette, Vol. XXI, p. 1090. 



By Order in Council of Thursday, 12th day of January, 1888, under 
the provisions of the 54th section of Chapter 43 of the Revised Statutes of 
Canada, intituled : " An Act respecting Indians," the accompanying regula- 
iions to govern the sale of timber on Indian lands in the Provinces of 
Ontario and Quebec were adopted and established : — 

1st. The Superintendent (xeneral of Indian Affairs may, at his discre- 
tion, cause the limit lines of any timber berths under license, which have 
not been already surveyed, or when the lines of survey have been obliter- 
ated by fire or from other cause, to be properly surveyed and run, the costs of 
Kuch survey to be paid by the holder of the license ; and where two or 
more licensees are interested in the survey, the Superintendent General of 
Indian Affairs shall determine what portion of the costs of the survey 
shall be paid by each, and such costs of survey shall be a charge upon the 
timber berth, to be paid with the ground rent before renewal of the 
license. 

2nd. The Superintendent General of Indian Affairs before granting 
any licenses for new timber berths in unsurveyed Indian reserves or lands, 
shall cause such berths to be surveyed, and the Superintendent General of 
Indian Affairs may cause any reserve or other Indian lands to be subdi- 
vided into as many timber berths as he may think proper 

3rd. The berths or limits when surveved and set off, and all new 
berths or limits in unsurveyed territory, shall be explored and valued, and 
then offered for sale by public auction at the upset price fixed by such 
valuation, at such time and place, and on such t onditions, and by such 
officer, as the Superintendent General of Indian Affairs shall direct, by 
public notice for that purpose, and shall be sold to the highest bidder for 
cash at the time of sale. 

4th. All forfeited timber berths may be offered for sale by public 
jiuction, and such sale shall be at such upset price, and at such time and 
]>lace as the Superintendent General of Indian Affairs may fix and appoint 
by public notice, and shall be awarded to the highest bidder making pay- 
ment at the time of sale ; but should the said timber berth not be then 



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ORDERS IN COUNCIL &c. Ixxxix 



Indian Affairs. 



sold, the same may be granted to any applicant willing to pay the said 
upset price and ground rent, or on such other terms as the Superintendent 
General of Indian Affairs may direct. 

5th. License-holders who shall have complied with all existing regu- 
lations shall be entitled to have their licenses renewed on application to 
the Superintendent General of Indian Affairs. 

6th. The Superintendent General of Indian Affairs shall keep a register 
of all licenses granted or renewed, and of all transfers of such licenses ; and 
a copy of such register, with a plan of the licensed limits, shall be kept by 
the Indian agent, or Indian land agent of the locality, and shall be open 
to public inspection. 

7th. All transfers of timber berths shall be made in writing, but shall 
be subject to the approval of the Superintendent General of Indian Affairs,, 
to whom they shall be transmitted for approval or rejection, and they shall 
be valid only from the time of such approval to be expressed in writing. 
In all cases of transfer of limits or timber berths, they will be subject to 
the payment of two dollars per square mile for each limit or berth, and in 
proportion if only a part is transferred, or if the license holder takes iu 
one or more partners with him. 

8th. Timber berths are to be described in new licenses as ** not to in- 
terfere with prior licenses existing or to be renewed in virtue of regula- 
tions.'' When the description of any berth or boundary, as given by any 
license, clashes with the description of any other licensed berth or terri- 
tory, the license of more recent origin (tracing back only to the time when 
such license or any previous license, of which it is a renewal, was first 
granted) shall give way, and the Superintendent General of Indian Affairs^ 
may amend or cancel such license wholly or in part, and substitute another 
in place thereof, so as to correct the description of the berth or limit in- 
tended to be licensed ; and in all cases where any license has issued in 
error or mistake, or is found to be inconsistent with any other license, or 
inconsistent or incompatible with the regulations under which it was 
granted, the Superintendent General of Indian Affairs may cause it to be 
cancelled or amended, or he may refer all matters in dispute with refer- 
ence to the boundaries and position of timber limits to arbitration — each of 
the contending parties to choose one arbitrator ; and the Superintendent 
Oeneral of Indian Affairs shall appoint an umpire, naming a day on or 
before which the award of such arbitrators or of such umpire shall be 
made and delivered to the parties, and such award shall be binding on 
them. 

9th. Timber cut on limits for which license has been suspended or 
held in abeyance, shall be considered as having been cut without authority 
and treated accordingly. 

10th. Purchasers of Indian lands, who have not completed all the 
conditions of sale shall not, unless under settler's license, or for clearing, 
fencing or building purposes on the said land, be permitted to cut .timber 
or logs thereon, or to dispose of it to others. Persons found doing so shall 
be subject to the penalties established by law, for cutting timber on Indian 
lands without authority. On all lands sold on or after the issue of a 



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xc ORDERS IN COUNCIL, &c, 

Indian Affairs. 

license, the licensee may, in virtue of said license, not cut any description 
of timber excepting merchantable pine and spruce, which he may continue 
to cvit until the purchaser of the land shall hav** fulfilled all conditions of 
sale entitling him to a patent for the said land, when the right of the 
licensee to cut pine or spruce thereon shall cease ; but it will rest with 
the purchaser to notify the licensee, and, if required to do so, to furnish 
sufficient proof to him that he has fulfilled such conditions of sale, 

11th. All timber lit-enses are to expire on thc^ 30th of April next after 
the date thereof, and all renewals are to be applied for before the 1st of 
July following the expiration of the last preceding license, in default 
whereof the berth or berths shall be treated as de facto forfeited. 

12th. No n^newal of any license shall be granted unless the limit 
covered thereby has been properly worked during the preceding season, 
or sufficient reason be given under oath, and the same be satisfactory to 
the Superintendent General of Indian Affiiirs, for the non-working of the 
limit, and unless or until the ground rent and all costs of survey, and all 
dues to the Crown on timber, saw-logs or other lumber cut under and by 
virtue of any license, other than the last preceding, shall have been first 
l>aid. 

13th. All timber berths or limits shall be subject to an annual ground 
rent of |3 per square mile, payable in advance, before the issiting of any 
original license or renewal. And, in computing the ground rent, no license 
shall be charged at less than eight miles oF area. 

14th. All timber, saw-logs, wood or other lumber, cut under any 
license now in force, or under any license which may be hereafter granted, 
shall be subject to the following Crown dues, that is to say : — 

TARIFF OF DUES 

Chargeable on Indian timber cut under license, under Order in Council of 
30th July, 1877, as amended bv Order in Council of 27th October, 
1882, and 18th July, 18??7. 

1. Oak and black walnut, square timber, per M. 

cubic feet $30 00 

2. Oak and black walnut, saw logs, per M. feet 

board measure 4 00 

3. Tamarac, elm, beech, ash, maple and hi(^kory, 

square timber, per M. cubic feet 16 (>*3 

4. Tamarac, elm, beech, ash, inaple and hickory, 

saw-logs, per M. feet, board measure 2 00 

5. Red and white pine, cedar, birch, basswood, 

and boom timber, per M. cubic feet lo 00 

6. Red and white pine, cedar, birch, basswood, 

saw-logs, per M. feet, board measure 1 00 

7. Hemlock, spruce, or other wood, per M. cubic 

feet 10 00 

8. Hemlock, spruce, or other wood, being saw- 

logs, per M. feet, board measure 80 

9. Pipe staves, per 1,000 standard li&^OO t 

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ORDERS IN COUNCIL, &c. xci 

Indian Affairs. 

10. West India staA^es, per 1,000 standard 5 00 

11. Railway ties — tamarac, i^edar or pine, per 100 2 00 

12. Telegraph poles per 100 8 00 

13. Cedar pickets per 100 (over 8 inches in 

diameter) 2 00 

13^ Cedar pickets per 100 (8 inches and under) 1 00 

14. Tamarac knees, lineal measure, per M. feet 12 TO ^ 

15. Shingle bolts, per cord 60 

16. do do in advantaisfeous locali- 
ties 75 

17. Cordvvood, hard, per cord 30 

18. do do in advan t a g e o u s 
localities 40 

19. Cordwood, soft, per cord 20 

20. do do in advan t a g e o u s 

localities 2o 

21. Hop-poles, per 100 50 

22. Hoop-poles, hickorj^ or ash, per 100 25 

23. do soft maple, per 100 12J 

24. Burnt cedar and tops of cedar trees which can- 

not be used for railway ties, per cord 40 

Dues on maple and swamp elm, cut under license on the Saugeen 
Peninsula, have been reduced to $1 per M. feet board measure, and $15 
per M. feet cubic measure. 

16th. The duties on timber shall be charged upon the quantities 
shown by the specification of measurement furnished under oath by the 
licensee or his foreman to the Indian agent for the locality, or to the 
Snp)erintendent General of Indian Affairs, or by other reliable measure- 
ment ; but where such actual measurement cannot be obtained, each stick 
of white pine timber shall be estimated as containing 70 cubic feet, red 
pine as containing 38 cubic feet, oak 60 feet, and elm 45 feet, and all other 
wood as containing yA cubic feet. 

16th. All licensees or occupants of timber berths shall furnish through 
themselves, their agents, cullers and foremen, to such agent or agents as 
the Superintendent G-eneral of Indian Affairs may appoint for that purpose, 
and at such time and place as such agent or agents may require, satis- 
factory proof upon oath as to the exact locality where all the timber, saw- 
logs and other lumber in his or their possession were cut, giving the 
number of pieces and description of timber, saw-logs and other lumber 
including culls, cut by themselves and others to their knowledge upon 
each of the timber berths held or occupied by him or them respectively, 
designating what quantity, if any, had been cut on settlers' lands, giving 
the names of such settlers, the name of the township, and the number of 
each lot and concession, exhibiting at the same time for the inspection of 
such agent or agents, the books of count and measurement of such timber, 
saw-logs and other lumber under his or their control respectively ; and 
shall moreover furnish such agent or agents all required information and 
facilities to enable him or them to arrive at a satisfactory determination 

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xcii OllDEKS IX COUNCIL, &c. 

Indian Affairs. 



as to the quantity and description of timber, saw-logs and other lumber 
made by him or them, or held in his or their possession respectively, on 
which Grovernment dues are chargeable ; and in the event of such agent 
or agents deeming it expedient to cause such timber, saw-logs and other 
lumber to be counted or measured, the said licensee or occupier of such 
timber berth, and his or their agents, cullers and foremen, shall aid and 
a^ist in such count or measurement, but should such licensee or occupier 
oMiis or their agents, fail to comply with these conditions, su -h licensee 
shall forfeit all right to a renewal of his license, and the berth and limit 
shall become vacant. And to enable persons who sell their timber under 
settler's license to obtain their refund of dues, and timber cut on patented 
lands to pass duty free, it will be necessary for the parties interested to 
prove, on oath taken before such agent or agents, and to his or their satis- 
faction, the number of pieces and description of timber and saw-logs cut 
on each lot respectively. And in the event of such proof being deemed 
unsatisfactory, the said agent or agents may determine the same by causing 
a strict count of the stumps to be made, and then certifying according to 
such count. 

17th. The Superintendent General of Indian Affairs, or any authorized 
agent, shall, at all times, have free access to and be permitted to examine 
the books and memoranda kept by any licensee, showing the quantity of 
lumber in board measure sawn by him from logs cut on his timber berth 
or berths, and failing to produce such books and memoranda when required 
so to do, will subject such licensee to a forfeiture of his right to a renewal 
of his license. 

18th. When any license-holder is in default for, or has evaded the 
payment of dues to the Crown on any part of his timber or saw-logs, such 
dues may be levied on any other timber or saw-logs belonging to such 
defaulter, cut under license, together with the dues thereon. 

19th. Before moving any raft or parcel of timber, lumber or saw-logs 
from the Indian agency in which it has been c^ut, the owner or person in 
charge thereof, shall report the same to the Indian agent for the locality, 
making, if required, declaration upon oath, as to where the said timber 
was cut, the number of pieces and description of each kind of wood con- 
tained in such raft or parcel of timber, and the number of cribs, stating at 
the same time the number and description of pie(»es cut on private lands, 
also on lands under settler's license, giving the names of the owners or 
licensees of such land, with the name of the townships and number of 
each lot and concession ; and should such Indian agent not be satisfied 
with the correctness of such report, he shall cause a strict count to be 
made of the timber in such raft ; and on beina: satisfied of the correctness 
of such report or count, the Indian agent may grant a clearance in due 
form, for such raft, stating the number of pieces and description of timber 
contained therein, distinguishing the timber cut on private lands under 
settler's license, from that cut on Indian lands or reserve. 

20th. The owner or holder of any such raft or parcel of timber shall, 
within twenty-four hours after the same fc^hall have arrived at its destina- 
tion at Quebei', Sorel, Montreal, or other port of sale* or shipment, report 



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ORDERS IN COUNCIL, &c. xciii 



Indian Affairs. 

the arrival of such raft to the collector of crown timber dues, or if at Sorel 
or Montreal, to the deputy supervisors of cullers ; and should the said 
raft be found by the specification of measurement to contain a greater 
number of pieces of timber than is noted in the clearance, the surplus 
number of pieces, if not satisfactorily explained, shall be held as having 
been cut on Indian lands without authority, and subject to payment of 
dues accordingly. 

21st. Parties omitting to obtain their clearance at such aoenry, or 
omitting to report the arrival of such raft at its destination as above men- 
tioned, may be refused further license, and may be subject to forfeiture of 
the timber for evasion of regulations, as provided in Chapter 48 of the 
Revised Statutes of Canada. ^ 

22nd. Persons evading or refusing the payment of timber dues, or the 
final settlement of bonds or promissory notes for payment of such dues, or 
in default with the Indian department or agent ; also, persons taking for- 
cible possession of disputed ground before obtaining decision in their favor, 
and persons refusing to comply with the decision of arbitrators or of the 
umpire, as provided by the 8th section of these regulations, or with the 
regulations established by Order in Council, or who forcibly interrupt sur- 
veyors in the discharge of their duty, shall be refused further licenses, and 
their berths shall be forfeited at the expiration of the then existing license. 

28rd. Dues of all kinds on timber cut under license, remaining unpaid 
on the 30th November following the season in w^hich it was cut, shall be 
subject to interest from that date, but without prejudice to the power of 
the Crown to enforce payment of such outstanding dues at any timo the 
Superintendent General of Indian /Affairs may think proper. 

24th. Purt-hasers of Indian lands, who have not completed all condi- 
tions of sales, and have not obtained their patents for such lands, cutting 
timber w^ithout license (except for clearing, building, or fencing thereon), 
or others doing so by their permission, shall be subject to the penalties 
established by law for cutting timber without authority. 

25th. Before the issue of any timber license, the licensee or licensees 
thereof shall furnish security by a bond of himself or themselves, and two 
responsible sureties, for such amounts as the Superintendent Oeneral of 
Indian Affairs may consider sufficient to ensure the proper working of the 
limit,' the due fulfilment by him or them of the conditions of the license, 
and the due observance of all the regulations of the department in respect 
to the timber to be cut The giving of such security shall not, however, 
in any way prejudice the right of the Superintendent General of Indian 
Aflfairs, or his agent, to levy upon any timber cut or owned by the holder 
or holders of the license, or to cancel the said license should there appear 
to him to be sufficient cause for so doing. 

26th. Licenses are to be granted in the following form, in triplicate, 
and the description of each berth is to be written on the back thcreot, and 
is to be dated and signed by the Deputy Superintendent General oi Indian 
Affairs, as well as the license itself — the duplicate to be kept of record by 
the local Indian agent. 

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xciv ORDERS IN COUNCIL, &o. 

Indian Affairs. 

2tth. Form of License. 

Lice?ise to cut Timber on Indian Lands, 
(Royal Arms.) 

By authority of the 43rd Chapter of the Revised Statutes of Canada 
and amendments thereto, and for and in consideration of the payments 
made, and to be made to the credit of Indian funds, I do hereby give unto 

and unto agents and 

workmen, full power and license to cut 

upon the location described upon the back hereof, and to hold and occupy 
the said location to the exclusion of all others, except as hereinafter men- 
tioned : — from 18 , to thirtieth day of April 
18 , and no longer ; with the right of conveying away the said timber, 
through any uugranted or waste Indian lands. 

And by virtue of this license the said licentiate has right by the said 
statute, to all timber cut by others in trespass on the ground hereby 
assigned, with full power to seize and recover the same anywhere within 
the Dominion of Canada 

But this license is subject to the following conditions, viz. : — 

That the dues to which the timber cut under its authority are liable, 
shall be paid as follows, namely : 

That all lots sold prior, and all lots sold subsequently, to the date hereof 
and which have been settled uixon and are being cleared for cultivation, 
shall be exempt from the operation of this license, excepting in so far as 
pine and spruce merchantable timber are concerned, which this license 
will continue to control until all conditions of sale have been fulfilled. 

That any person or persons may under authority of the Superintendent 
General of Iudi*in AtFairs, at all times, make and use roads upon and travel 
over the ground hereby licensed. 

That nothing herein shall prevent any person or persons having 
authority from the Superintendent G-eneralof Indian Affairs to do so, from 
taking standing timber of any kind to be used for the making of roads and 
bridges*, or for public works. 

And that persons settling under lawful authority or title within the 
location hereby licensed, shall not in any way be interrupted in clearing 
and cultivating by the said licentiate, or anyone acting for 
or by permission. 

And further, upon condition that the said licentiate or 

representatives shall comply with all regulations that are or 
may be established by Order in Council, and shall submit all the timber 
cut under this license to be counted or measured, and shall settle for the 
duties chargeable thereon when required by me or any officer thereunto 
authorized, — otherwise the said timber will be forfeited to the Crown, and 
the said licentiate be subject to such other penalty or penalties as provided 
by law. 

Given under my hand at , this 

day of , in the year of our Lord, one thousand 

eight hundred and 

Deputy of the Superintendent General vf Indian Affairs. 

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ORDERS IN COUNCIL &c. xcv 

Indian Affairs. 

Amount payable on giving \ ^^Z^i'':,-^:- | 
thi8 license. (License fee | 

The above named licentiate shall be bound before or when paying the 
ground rent and renewal fee - if the license is renewed — to declare on oath 
whether still the bond fide proprietor of the 

limit hereby licensed, or whether sold or transferred 

it, or any part of it, or for whom hold it. 

fl^»We have read and comprehend the nature of the obligations con- 
tained in this license, and we bind ourselves jointly and severally, and 
each of our heirs, executors, curators and administrators, to pay all duties 
that may become due and payable to Her Majesty, her heirs or successors, 
on any timber cut or acquired by virtue of this license, in the event of the 
above named licentiate failing or refusing to pay the same, or to give satis- 
factory bonds for payment thereof 



Kinds and descriptions of timber to be cut, and the rate of dues to be 
paid under authority of this license : 

The timber limits comprehended by the within license consist of the 
following limits : 

2tth. All persons cutting timber on Indian lands or reserve, without 
authority of license, will be punished as the law provides. 

Persons hindering any officer or agent of the Department of Indian 
AiTairs in the discharge of his duty in seizing timber illegally cut, or 
taking away, or causing to be taken away, any timber seized under the 
Act, Cap. 43, Revised Statutes, Canada, are guilty of felony. 

Parties cutting timber on Indian lands purchased by them on pre- 
tence of settlement, but really for the purpose of cutting the timber, are 
trespassers as above. 

Railway companies, contractors and others, cutting without the 
authority of the Superintendent General of Indian Affairs timber for rail- 
way purposes on Indian lands and on lands sold but not yet patented, are 
also trespassers and subject to the same penalties. 

29th. From and after the date of the passing of the present regulations, 
in cases of timber which although cut in trespass was so cut through 
error in good faith on Indian lands, by licentiates or other parties, it shall 
be lawful for the Superintendent Q-eneral of Indian Affairs to exact iu 
settlement of such wood goods a penalty equivalent to double, treble or 
quadruple the ordinary dues as established by tariff above, according to 
nrcumstances, besides costs of seizure and other expenses connected with 
all investigations into such trespasses. 

30th. It shall be no longer permitted to cut, on Indian lands, pine 
trees measuring less than nine inches in diameter at the stump. 



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xcvi OllDERS IN COUx^CIL, &c. 



Indian Affairs, 



TKAXSFERS. 

31st. All limit owners aro to notify the Superintendent General of 
Indian AftUirs of any transfer which they may have effected, as soon as 
any transaction of the kind may have taken place ; and should they fail 
to give due notification to the Superintendent Greneral of Indian Affairs, 
he may rule the forfeiture of such license or licenses comprising the limit 
or limits so transferred. 

32nd. Limit holders, in order to enable them to obtain advances 
necessary for their operations, shall hav(» a right to pledge their limits as 
security without a bonus be(*oming payable. Such pledge, in order to 
effect the limit against the debtor, shall require to be noted on the back of 
the license by an authorized officer of the Department of Indian Affairs. 
But if the party giving such pledge should fail to perform his obligations 
towards his creditors, the latter, on establishing the fact to the satisfaction 
of the Superintendent General of Indian Affairs, may obtain the next 
renew^al in his or their own name, subject to payment of the bonus, the 
transfer bei)ig then deemed complete. 

33rd. Transfers of timber berths are to be in writing, and if not found 
objectionable by the Department of Indian Affairs, are to be valid from the 
date on which they may be deposited in the hands of the latter; but no 
transfer is to be accepted while the party transferring is in default for 
non-payment of dues on timber to the Crown. 

SURVEYS. 

34th. The Department of Indian Affairs shall, at the joint written 
request of conterminous license holders, issue instructions stating how the 
boundaries of such limits should be run to be in conformity with existing 
licenses. The surveys shall be performed at the expense of the parties 
requiring them, who must cause copies of the plans and field notes of the 
surveys to be delivered to the said departmeiit subject to approval, to be 
paid lor and kept of record by the department. 

Boundaries so established at the joint request of the parties interested 
fehall be fixed and permanent, and shall in no case be altered. 

3oth, If a limit holder refuses to join his neighbor to have the boun- 
daries defined, the party wishing to have the survey made shall bo 
entitled to have it performed at his own expense, under instructions 
which shall be furnished to him for that purpose, as provided in the fore- 
going clause. 

On the completion of the survey, notic^e of the same shall be given in 
writing to the adverse party at his residence or place of business. And if 
within one year after such notification, the adverse party shall have made 
no opposition to the same in the manner hereinafter prescribed, or if, 
having done so, such opposition has not been maintained, the boundary so 
surveyed shall be fixed permanently and irrevocably. But if within the 
spaee of oni' year from the date of such notice, the adverse party shows 
that he has sufficient reasons to doubt the exactness of such survey, and 
deposits in the hands of the agent of the Department of Indian Affairs, 



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ORDERS IN COUNCIL, &:c, xc vii 

Indian Affairs. 

such sum of money as that department may deem sufficitmt to <*ovt»r all 
the expenses of a new survey, the Supi^rintendent G-eneral of Indian 
Affairs shall name a surveyor to establisli iinally the boundary in dispute, 
and this second survey shall be bindin<? upon the interested parties. All 
the expenses shall be borne by the applicant if his objections bo not main- 
tained If, on the contrary, they bi» confirmiHl and the first survey bo 
declared erroneous, the expenses shall be borne share and share alike by 
both parties. 

36th. All limit lines or boundaries already established in virtue of 
oflScial instructions, are hereby declared valid and permanent, if a report 
or field notes, or at least a plan describinij such boundaries, have been 
filed of record in the Department of Indian Affairs, and if, within the 
space of one year from the date such do<*uments or plan were filled, their 
correctness be not disputed If, on the (H>ntrary, within this delay one of 
the interested parties objects to them, a final survey shall be made as pre- 
ficribed in the thirty-fifth clause of these prestuits, unli»ss, however, the 
interested parties agree to have a final survey effected in virtue of the 
thirty-fourth clause. 

Vide Canada Gazette, Vol. XXL, p. 180). 



By Or<ler in Coun(!il bearing date Wednesday, the 2nd day of May, 
188s, under the provisions of the 41st section of Chapter 43 of the Revised 
Statutes ot Canada, intituled : *' An Act respecting Indians," the following 
changes in the regulations for the disposal of Indian land containing 
minerals other than coal, established by the Order in Council of the Ist 
October, 1887, were approved and adopted, in so far as the mineral lands 
in the District of Algoma are concerned : — 

1. That section 6 be amended by fixing the area of a mining location 
M 160 acres instead of 40 acres as therein stated. 

2. 1 hat section 7 be amended by providing that in cases where the 
survey is not made by the purchaser the deposit for a survey of a location 
be 1100 instead of |50 as therein stated. 

S. That sections 81 and 82 reserving a royalty to the Crown of four 
per cent, on the sales of the products of mines and requiring returns by 
the grantee of all products of his mining location be annulled. 

4. That form " D " of said regulations be amended by striking out the 
provision therein respe(*ting the payment of royalty. 

5. That the price of land shall be three dollars per acre, 

6. That the fifth clause of the said regulations be rescinded, but that the 
right to purchase a location shall be limited to twelve months from the 
date of obtaining the agent's receipt, as provided in sub-section c, of 
section four. 

Vide Canada Gazette, Vol. XXI, p. 2394. 



Uy an Order in Council bearing date Tuesday, 8th day of May, 1888, 
^ader and in pursuance of the provisions of " The Indian Act," being 
<^hapter 43 of the Revised Statutes ol Canada, it was ordered that not- 

VOL I— O Digitized by GoOglC 



x< viii ORDEKS IN COUNCIL, &c. 

Indian Affairs, 8fC. 

withstanding- anything to the contrary in the Timber and Land Regulations^ 
of the Department, the Superintendent Greneral of Indian Affairs be and 
he is hereby authorized to sell to any bond fide actual settler on a wood 
lot or lots being the purchaser of the same, the i>ine and spruce timber 
thereon, on such terms as may be arranged upon between the purchaser of 
the said lot or lots and the Superintendent General of Indian Affairs, always 
provided that the timber has not been previously disposed of by the Depart- 
ment of Indian Atlairs. 

Vide Canada Gazette, Vol, XXI, p. 2395. 



Inland Revenue. 

By an Order in Council bearing date Friday, 1st July, 1887, under the 
provisions of the 148th section of the Inland Revenue Act, Chapter 34 of 
the Revised Statutes of Canada, the following regulations respecting 
the removal of non-potable spirits from distilleries for chemical or mechan- 
ical purposes, were approved: — 

1st. The Minister of Inland Revenue may prescribe, from time to 
time, tests for determining a standard of purity below which spirits shall 
be deemed to be ** non-potable.'' 

2nd. No *' non- pot able" spirits shall be removed from any distillery 
except to the following parties, viz. : — 

a. To persons who have obtained a license to manufacture in bond ; 

b. To persons who have obtained from the Minister of Inland 

Revenue a permit to have such " non-potable " spirits in posses- 
sion for chemical or mechanical purposes. 

3rd. Before granting such a permit the Minister shall require the 
party obtaining the same to enter into bonds in the sum of $1,000, and 
which bond shall be conditioned that he will not permit any portion of 
such spirit to go into consumption as ** potable spirits." 

4th. All packages containing such spirits shall have the word " non- 
potable" printed on both ends of the package in letters not less than two 
inches in height and three-fourths of an inch in width and in a color 
different from that used for the other marks on the package. 

5th. No spirits other than such as are *' non-potable " shall be removed 
from any distillery to a licensed bonded manufactory unless the formula 
accompanying the application of such bonded manufacturer expressly 
]>rovides for the same, or wh(»n not so called for in the Ibrmula upon the 
written authority from the Minister which must be obtained in each 
specific case. 

Vide Canada Gazette, Vol. XXI, p. 53. 



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ORDERS IN COUNCIL, &c. xcix 



Inland Ret>enue, 



By an Order in Council bearing date Monday, 18th day of July, 1887, 
under the provisions of the 167th section of "The Inland Revenue Act," 
Chapter 34 of the Revised Statutes of Canada, authority was granted to the 
Minister of Inland Revenue to issue special permits for the removal of duty- 
paid spirits in packages of five and ten gallons into British Columbia, 
provided the regulations assented to by the Lieutenant Governor of the 
North-West Territories as to transmission through the North-West Terri- 
tories (by which their identification on arrival beyond the limits of said 
Territories is required) are fully complied with. 

Vide Canada Gazette, Vol. XXI, p. 148. 



By an Order in Council bearing date Wednesday, 27thday of July, 1887, 
under the provisions of the 307th section of Chapter 84 of the Revised 
Statutes of Canada, the town of Tilsonburg, in the Province of Ontario, 
was added to those places mentioned in the said section of the Act above 
quoted, at which raw leat tobacco may be imported into Canada. 

Vide Canada Gazette, Vol. XXI, p. 30£. 

By an Order in Council bearing date Saturday, 13th day of August, 
1387, under the provisions of section 17 of Chapter 29 of the Revised Sta- 
tutes of Canada, intituled "An Act respecting the Public Revenue, the 
raising of loans authorized by Parliament and the auditing of Public 
Accounts," the Inland Revenue Division of Cobourg was abolished and 
for the purpK>ses of the collection of Excise duties the counties of Peter- 
borough, Victoria, Durham and jN orthumberland, were constituted an 
Inland Revenue Division to be designated and known as the division of 
Peterborough. 

Vide Canada Gazette, Vol. XXI, p. 4G4. 

By an Order in Council bearing date Saturday, 3rd day of September, 
1887, under the provisions of section 17, Chapter 29, of the Revised Statutes 
of Canada, the several Inland Revenue districts and divisions in the 
Dominion of Canada, enumerated in the list hereto appended, and the ter- 
ritory comprising them, were constituted and established. 

Official List of Inland Revenue Districts and Divisions in the Dominion 
of Canada and the territorial extent of each : — 

PROVINCE OF ONTAUIO. 
G-— WiNDsoii : Oilier at Windsor. 



Brantford lirantford . 

LoodoQ London ..., 

Stratford Stratford .. 

Windsor \Vind8or .., 



The ('onntif's of Brant, Norfolk and Oxfor<K 
Middlc-icx, VAifin and l^amblon. 
IJruce, lluroji an(i PiTlb. 
Ksdex and Keni. 



F.— Toronto : Office at Toronto. 



Gudph Guelph 

Il«iniltoa Hamilton 

Owen Sound Owen Sound . 

PeterboroDgb Peterborongh 

^i. CatbarineB iSt. Catharlnei 

Toronto 



arines . 
Toronto 



WtiUinpton and Waterloo. 

Hamilton (I'Hv), and Wentwoith. 

Orev. 

Dnrhara, Haliburton, Northumberland, Peterborough and Victoria 

St. (/atharines vciiy), Haldimand, Lincoln and Welland. 

Toronto (city), Duflerin, Hallon, Ontario, Peel, Simcoe, York, 

with the Uistriets of Muskoka, Parry Sound and Algoma as 

far west as Pic River. 



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ORDERS IN COUNCIL, &c. 



Inland Revenue. 



Belleville 

Cornwall 

KingstOQ 

Ottawa k Pontiac, 

Perth 

Prescott 



Belleville. 
Cornwall. , 
Kingitua.. 

Ottawa.,., 

Penh 

Prescott.... 



PROVINCE OF ONTARIO— Cowt'/uitf.y. 

E.— Kixr.sTON : Office at Brockvill»>. 

flastinjjfs nnJ Prince Edward. 

Glengarry, Prescott (county), and Stormont. 

Frontenac. Kino^ston (city), Lennox and Addington 

Ottawa (city), Carktoii and Russell, in Province of Ontario. 

Ottawa (county), ati 1 Pontiac, in the Province of Quebec. 

Lanark and Renfrew, ar.d District of Nipissinjj. 

Dundas, Leed:*, Grenville. 



PROVINCE OP QUEBEC. 
D.— MoxTRKAL : Office at .Montreal. 



Montreal. 



.'Montreal , 



Beauharnoi3 jOrmstown 

Joliette Joliette 

Pontiac 

Sherbrooke 



Sorel 

St. Hracinthe.. 

Iberville 

Terrebonne .: .. 
Three Rivers ... 



Sherbrooke. 



Montreal (city). Hocli'Iaga, Ja'^pu's-Cartier, Laval, Vaudreuil, 

Soulanges. Laprairi<', Ohflnibly. 
Beauh%rnoi3. Cliat**antjnay, Huntinjfdon. 
Bertliier, Joliette. Montcalm and L* Assoniption. 
fncluJed in the Divinion of (>Uawa, 

Richmond, with town of Sherbrooke, Wv.lfe, (>ouipton and 
Stanstefld. 

Sorel ;Richelieu. Verch^res, Yamaska. 

St. Hyacinthe St. Hyacinthe (county and town^, Roaville and Bagot. 

Iberville .Brome. Iberville, Missisquoi, Napierville, Shefford and St. John's, 

Argentcuil, Two Mountains ana Terrebonne. 
City of Three Rivers, Charaplain, MaAkinonge, Nicolet and St. 
Maurice, Drummond and Artbabaska. 

C— QcKBEC : Office at Quebec. 



Ste. Thferfcse.. 
Three Rivera. . 



Quebec . 



Quebec . 



Chatham.. 
St John... 



, !Quebec(city and county). Montmorency, Portneuf. Lotl)ini6rO| 

Bellechasse, B^auce, Megantic, and all to the East thereof, 
I includiui; the Magdalen Islands. 

PROVINCE OP NEW BRUNSWICK. 

B.— Xkw Bkunswick : Office at St. John 

Restigoucbe, Gloucester, Northumberland, Kent. 

Albert, Carleton, Charlotte, Kin^s, Madawaaka, Queen's, SU 

John (city and county), Sunbury, Victoria, Westmoreland, 

York. 

PROVINCES OF NOVA SCOTIA AND PRINCE EDWARD ISLAND 
A —Nova Scotia and P. E. Islamd ; Office at Halifax. 



Chatham.. 
St. John .. 



Cape Breton. 
Halifax. 



Pictou 

Charlotte town . 



Sydney . 
Halifax.. 



Pictou 

Charlotte town . 



Capo Breton, Inverness, Richmond, Victoria. 

Annapolis, Colchester, Cumberland, Digbr, Hants, Halifax 

(city and county), King's, Lunenburg, (Queen's, Sbelbnme, 

Yarmouth. 
Antigonish, (lUTsborongh, Pictou. 
The Province of Prince Edward Island 



PROVINCE OF MANITOBA. 

H.^Manitoba : Office at Winnipeg. 

Port Arthur IPort Arthur IThat part of Ontario West of Pic River. 

Winnipeg | Winnipeg. IThe Province of Manitoba and the N. W. 

PROVINCE OF BRITISH COLUMBIA. 

I. — BRiTi.«!n Columbia : Office at Victoria. 
Victoria (Victoria (The Province of Briti.sh Columbia. 

Vide Canada Gazette, Vol. XXI, p. 567. 



Territories. 



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ORDERS IN COUNCIL, &c. ci 



Inloivi Reventfe, Sf(*. 



By an Order in Council beariH<2: date Monday, 81st day of October, 188Y, 
under the provisions of sec^t ion 2, Chapter 99, of the Revised Statutt^s of 
Canada, the Counties of Rielnnond, Sheiford, Brome, and Stanstead includ- 
ing the town of Sherbrook*^ were constituted an inspection division for 
the purposes of the inspection of leather and raw hidets. 

Vide Canada Gazette, Vol. XXL p. 101 «. 



By an Order in Council l>earinir date Monday, 2tth day of February, 
1888, under and in pursuani e of the 29th seition of Chapter 107 of the 
Revised Statutes of Canada, known and cited as *'The Adulteration Act," 
the following regulations were made for <arrying out the provisions 
of the said Act, viz. : — 

1. ^uch employes of the Inland Revenue mentioned in section h of the 
above mentioned Act, as the Minister of Inland Revenue may select, 'shall 
be styled food inspt»ctors, and for such extra services may be i)aid an 
additional remuneration, the gross salary not to exceed the sum of twelve 
hundred dollars ($1,200) in any one year, as the Minister of Inland Revenue 
may decide, such extra remuneration to be paid out of the sum voted by 
Parliament for that purpose. 

2. Any manufac^turer, importer, retailer or purchaser \vho desires to 
procure an analysis of any drug, food sample, &(\, may obtain such from 
the Minister of Inland Revenue on payment of a fee of five dollars ($5.00) 
for each sample so analysed, such fees to be credited to the adulteration of 
food grant. 

3. The Minister of Inland Revenue may, from time to time, make[such 
alterations in the forms of certiHcates and other forms used under the 
Adulteration of Food Act, in conformity with its provisions as are thought 
necessary for its better administration. 

Vide Canada Gazette, Vol. XXL P- 192^. 



Interior. 

By an Order in Coun<il bearing datt* Monday, 18th day olJuly, 1887, 
under the provisions of the 90th section of *' The Dominion Lands Act,'* 
Chapter 54 of the Revised Statutes of Canada, the land situated in the 
Socky Mountains Park of Canada, and containing about -104 acres, was 
reserved for the use of the North-West Mounted Police Kone. (Bvt see 
betow). 

Vide Canada Gazette, Vol. XXI, p. 141. 



By an Order in Council bearing date Saturday, l7th September, 1887, 
under the provisions of the 4th sub-seition •f the 1st section of Chapter oG 

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cii ORDERS IX COUNCIL, Sec 



Interior. 



of the llevised Statutes of Canada, intitultMl : *' An Act respiH'tiug certain 
Public Lauds in British Columbia, '^ the following regulations for the 
survey, administration and disposal ot Dominion lands \vithin the forty- 
mile railway belt, in the Province of British Columbia, replacing the 
Regulations for the same purpose adopted by Order in Council dated 20th 
April. 1885, and amended by Orders in Council dated JGth July, 1885 and 
12th April, 1886, respectively, which expired on the 1st July last, were ap- 
proved and adopted : — 

[Memorandum of proposed chanf^ea tn the Ilegnintinns offertin'^ Public Lands 
in the Railway Belt in the Provifne of Bnlish Cotumbin. 

Tht* recital of various clauses of the Dominion Lands A(*t, whi( h are 
applicable to lands in the railwuy belt in Ih'itish Columl)ia, has been 
regarded as unnecessary and as cumberiiiii' tlie regulations, and it is there- 
fore simply provided that the clauses in question shall be so applicable. 

Sub-clause 4 of clause Si is new. It n^serves, until the roads provided 
for by the regulations have been deliued and constructed, a right of way 
to or from any settler's holding to or from any public road or trail, over 
any granted or leased lands. 

There is a slight change in ilause 1:1, Ihe effect of which is to i>revent 
any owner of more than lt/0 acres of land in the railway b(dt from ob- 
taining a homestead entry in the belt. Th(» area of agricultural land 
within the belt is comparatively limited ; those who are already settlers 
and land owners there, are, as a rule, extensive land holders, having had 
ample opportunity of obtaining, under the provincial laws, all the laud 
they require for cultivation at a low price. 

Sub-clauses 4, 5, ♦> and 7 of claus(? 13 are new, and are intended to 
facilitate the settlement of timbered lands, which would not otherwise be 
opened for homestead entry. These provisions an* copied from the timber 
regulations of the Province of Ontario, and the object is, while permitting 
such lauds as ('ontain merchantable timlxM* to be taken up and cleared lor 
agiicultural purposes, to prevent persons who merely desire to obtain the 
timber, I'rom getting possession of land under cover of a homestead entry, 
stripping the laud of its timber without paying nny dues, and then leav- 
ing the land much less valuable, for all practical purposes, than if it had 
remained in its natural state — in other words, neither producing revenue 
nor actual settlement. 

Sub clause 4 of clause 18 is, in elfet t, the amendment mad(» to the 
Dominion Lands Act during the s(»8sion of 188r«, which it is proposed thus 
to make iipplicable to homesteads in the railway belt in British Columbia. 
Under this provision, the hcnnesteader is enabled to hold his land for the 
first two years after entry, by cultivating a certain number of acres of it, 
but during'the three years next thereafter, he must reside upon as well as 
cultivate it. 

Clause '2'^ is all new, and its various provisions are designed to en- 
courage the culture of fruit ; the conditions upon whi<*h legal sub-divi- 
sions of sections, not, however, to exceed IGO acres in all, may be obtained 
for that purpose, being fully stated. 



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ORDERS IX COUNCIL, &o. eiii 



Interim'. 



Four new schedules, and a re-arrangeiiieiit of the former schedules, 
become necessary ou account of the proposed amendments.] 



liEGULXTioxs for the disposal of Dominion Lands within the Railway 
l{(»lt in the Province of Ijritish Columbia, 

PreUminary Interprttniion. 

1. These regulations shall apply exclusively to the public lands of 
the Dominion, within what is known as the railway belt, in the Province 
of British Columbia, which lands shall be styled and known as Dofninion 
Ijands ; and the following terms and expressions therein shall be held to 
hav^e the meaning hereinafter assigned them, unless such meaning be 
repugnant to the subject or inconsistent with the comtext ; that is to say : — 

(2.) The term Minimer of the Interior means the Minister of the In- 
terior of Canada : 

(3.) The term Surveyor-General means the officer of the Department of 
the Interior bearing that designation, or the chief clerk performing his 
duties for the time being : 

(4 ) The term Ao^ent or Officer means any person or officer employed in 
connection with the administration and management, sale or settlement of 
Dominion lands ; and the term Local Agent means the agent for Dominion 
lands employed as aforesaid^ with respect to the lands in question ; and 
the term Land Office means the office of any such agent : 

(5.) The term Dominion Land Surveyor means a surveyor duly author- 
ized under the i^rovisions of the Dominion Lands Act, to survey Dominion 
lands : 

(6.) The term Crown Timber Agent means the local officer appointed 
to collect dues and to perform suc!h other duties as may be assigned 
to such officer, in respect to the timber on Dominion lands : 

(7.) The term Clause means a section of these regulations distin- 
guished by a separate number ; and the term Sub-Clause means a sub- 
division of any clause distinguished by a separate number or letter, in 
smaller type : 

(8.) The term Canada Gazette means the official Gazette of the Govern- 
ment, published at Ottawa : 

(9.) The term Bfifish Columbia Gazette means the official Gazette of 
the Government of British Columbia, published at Victoria. 

Department of the Inferior. 

2. The Department of the Minister of the Interior shall l>i» <harged 
with the administration and- management of the Dominion lands: 

(2.) Under the authority of the Act 49 Victoria, Chapter 56, Consoli- 
dated Statutes of Canada, 16S6, the powers and authorities of the Dominion 
Lands Board and of the oilicers thereof are hereby extended to the imblic 
lands of Canada in British Columbia : 

(3.) The provisions of clause 7 with the sub-clause thereof, and i'lauses 
62, 63, 54, 65, 56, 57, 58, 78, 93 and 94 of the Act 49 Victoria, Chapter 54, 
Consolidated Statutes of Canada, 18i?6, shall apply to the i>ublic lands of 
Canada in British Columbia. 

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CIV 



ORDERS IN COUNCIL, &c. 



lulerior. 



3. The Dominion lands in British Columbia shall be laid off, so far as^ 
practicable, iu quadrilateral townships, each containing thirty-six sections 
of as nearly one mile square as the convergence of meridians permits, to- 
gether with an allowance of twelve acres in each section for road purposes : 

(2.) The sections shall be bounded and numbered as shown by the- 
foUowiuir diatiTam : — 



«■! 







N 








31 31 j 33 


34 


35 


36 


ao ; 29 28 


27 


26 


25 


19 


20 i 21 


2! 


23 


21 


18 


'' 


1« 


15 


14 


13 


7 


8 


9 


10 


11 


12 


6 


5 


4 


3 


2 


i 






4. The lines bounding sections on the east and west sides shall be- 
meridians ; and those on the north and south sides shall be (chords to 
parallels of latitude. 

5. Eacli section shall be divided into quarter-sections of one hundred 
and sixty acres, more or less, together with an allowance for roads of three 
acres in each, subject to the provisions hereinafter made. 

G. In the survey of a township, the deficiency or surplus resulting 
Irora con ver^^ence of meridians shall be divided equally between all the 
quarter-sections involved, and the north and south error in closing on the 
correction lines from the north or south shall be allowed in the ranges of 
quarter-sections adjoining, and north or south respectively of the said cot- 
rcction lines. 

7. The dimensions and areas of irregular quarter-sections shall in all 
cases be returned by the surA'eyor at their actual measurements and con- 
tents. 

S. To facilitate the description for letters patent of less than a quarter- 
section, evi^ry section shall be supposed to be divided into quart er-quarter- 
sections, of ibrty and three-quarters acres, and such quarter-quarter-sec- 
tions shall be numbered as shown in the following diagram, which is 
intended to show such sub-divisions of a section, which shall be styled 



legal sub-divisions : — 



N. 



\H 


»4 


15 


16 


12 


11 


10 


» 


5 


6 


7 


8 


4 


3 


'■' 


1 



s. 



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ORDERS IN COUNCIL, &c. cv 



Interior. 



(2) The area of any legal sub-division, as al)ove sot forth, shall, iii 
letters patent, be held to be more or less, and shall in ojuh case be repre- 
sented by the exact quantity as given to snch sub-division in the original 
survey. 

9 The Governor in Counc^il may order the survey by a Dominion 
Land Surveyor of such public highways as he may deem expedient^ 
through any lands subject to these regulations : 

(2.) On the approval of the survey of a public highway, the fact shall 
be notified to the Lieutenant Governor of British Columbia by the Minister 
of the Interior, and, by virtue of such notification, such public highway 
shall become the property of the said Province, the legal title thereto re- 
maining in the Crown for the public use of the Province ; but no such 
road shall be closed up or its direction varied, or any part of the land 
occupied by it sold or otherwise alitmated, without the consent of the 
Governor General in Council : 

(3.) The Governor in Council may authorize any person to locate and 
build public highways or to build public highways located in accordance 
with clause 9»ine of these regulations : 

(4.) In the meantime, and until any such road shall have been located 
and constructed, a convenient right of way not exceeding 66 feet in width 
over any such land is hereby reserved for the use and convenience of 
settlers and land holders in passing, from time to time, to and from their 
locations or lands to and from any now existing public road or trail : 
Provided always that such settler or land owner, making use of the afore- 
said privilege shall not damage the fences or crops of the occupier of any 
such located, sold or leased land : 

(5 ) Every patent issued for lands subject to these regulations shall 
contain a provision reserA^ng to the Governor in Coum^il the power to 
order the survey through such lands by a Dominion Land Surveyor of 
such public highways as he may deem expedient, and (or that purpose to 
take any existing road, and any requisite area of land, whether the area of 
the roads and lands so taken be or be not in excess of the allowance for 
roads in any section, quarter-section or legal sub-division; also to enter 
upon KU<*h lands and take therefrom any gravel, Fstone, timber, or other 
material required for the construction of such highway or any bridge con- 
nected therewith ; and also to enter upon any such land for the purpose 
of cutting any drains necessary for the building of such highway. 

Ordinary ^ale of Lana$, 

10. Dominion lands, as the surveys thereof are duly made and con- 
firmed, shall, exct»pt as otherwise hereinafter provided, be open for houu»- 
steadiug and purchase at such prices and on such terms and conditions 
as may be fixed from time to time by the Governor in Council : IVovided,. 
that no purchase shall be permitted at a less price than two dollars and 
fifty cents per acTe : Provided also, that, except in special cases when^ 
otherwise ordered by the Governor in Council, no sale to one person shall 
exceed a section, or six hundred and forty acres : 



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(2.) And provided also, that, whenever so ordered by the Minister, 
such unoccupied lands as may be deemed by him expedient, from time to 
time, may be withdrawn from ordinary sale and settlement, and sold at 
public auction or tender to the highest bidder — an upset price being fixed 

for the same : 

(3.) Provided further, that any legal sub-division or other portion of 
Dominion lands which may be deemed by the Minister of the Interior of 
special value, may be reserv<^d from ordinary sale and bc> disposed of in 
such manner and on such terms and conditions as may be lixed by the 

Governor in Council on the report of the Minister of the Interior. 

Town P/otr^y SfC. 

11. The Minister of the Interior shall have power to withdraw from 
sale or homestead entry any tract or tracts of land, and to lay the same out 
into town or village lots, the lots so laid out to be sold, either by private 
sale and for such price as he may see lit, or at a public auction or tender, 
an upset price being fixed for the same : 

(2.) 'fhe Grovernor in Council may set apart and appropriate such 
Dominion lands as he may deem expedient for the sites of market places, 
gaols, court houses, places of public worship, burying grounds, school.^, 
benevolent institutions, squares, and for other like public purposes, and at 
any time before* ihe issue of letters patent therefor may alter or revoke, 
such appropriation, as he deems expedient ; and he may make free grants 
for the purpose aforesaid of the lands so appropriated — the trusts and uses 
to w^hich they are to be subject being expressed in the letters patent. 

12. The provisions of clauses numbered thirteen to twenty-three of 
these regulations, both inclusive, shall not apply to lands-settled upon 
after the first day of July, one thousand eight hundred and eighty-eight. 

Homestead Rights. 

13. Any person, male or female, who is the sole head of a family, or 
any male who has attained the age of eighteen years, who has not hereto- 
fore had a homestead on Dominion lands in British Columbia, Manitoba 
or the North-West Territories, or does not hold or own by pre-emption 
record or otherwise, under the laws of the Province of British Columbia, 
more than one hundred and sixty acres of land within the railway belt 
in the said Province, shall, on making application in the form A in the 
schedule to these regulations, b.^ entitled to obtain homestead entry for 
any quantity of land not exceeding one quarter-section, and being of the 
class of land open under the provisions of these regulations to homestead 

* entry : 

(2,) The entry for a homestead shall entitle the recipient to take, 
occupy and cultivate the land entered for, and hold possession of the same 
to the exclusion of any oth.^r person or persons whomsoever, and to bring 
and maintain actions for trespass committed on the said land, the same as 
if a patent therefor had issued in his favor; the title to the land shall 
remain in the CroAvn until the issue of the patent therefor, and the said 



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Inter ior, 

land shall not bti liable to bo taken in execution before the issue of 
patent : 

(3.) The privilege of homestead entry shall only apply to surveyed 
ajjricultural lands; no person shall be entitled to sueh entrj'^ lor land 
valuable for its timber, or for hay land, or for land on which there is a 
stone or marble quarry, or coal or other mineral having commercial value, 
or whereon there is any water power which may serve to drive machinery, 
or for land which by reason of its position, su«'h as bein«»' the shore of an 
important harbor, bridge site or canal site, or being either an actual or 
prospective railway terminus or station, it Avill be in the public interest 
to withhold from such entry. 

Homestead Er/lries and Sales Affectinij; Timbered Laiuls. 

(4.) All merrhantable timber growing or being upon any land (»ntered 
or sold within the limits of Dominion lands in British Columl)ia, and all 
gold, silver, copper, lead, iron, petroleum, coal or other mines or minerals 
shall be considered as reserved from the said land, and shall be the pro- 
perty of Her Majesty, except that the homesteader or purchaser, or those 
claiming under him, may cut and use such merchantable timber as may 
be necesssary for the purpose of building, fencring or road-making, on the 
land so entered or sold, and may also, under the authority of the Crown 
timber agent, cut and dispose of all timber required to bi? removed in 
the actual clearing of the said land for cultivation ; but no merchantable 
timber (except for the necessary building, fencing or road-making as afore- 
said) shall be cut beyond the limit of such actual clearing; and all 
merchantable timber cut in the process of clearing, and disposed of, shall 
be subject to the payment of the same dues as are at the time paya])le by 
the holders of licenses to cut timber : 

(5.) The patents for all lands, hereafter entered or sold as aforesaid, 
shall contain a reservation of all merchantable timber grown or being on 
the said lands,— which merchantable timber shall continue to be the pro- 
perty of Her Majesty ; and any person or persons now or hereafter hold- 
ing a license to tut timber on such land, may, at all times during the 
continuance of such license, enter upon the unt^leared portion of such lands, 
cut and remove such timber, and make all necessary roads or water-ways 
for that purpose, and for the purx)ose of hauling in supplies, doing no un 
necessary damage thereby ; but the patentees or those claiming under 
them may cut and use such timber as may be necessary for the purpose of 
building, fencing or road-making on the lands so patented, and may also, 
Tinder the authority of the Crown timber agent, cut and dispose of su<*h 
timber required to be removed in actually clearing the said land for cultiva- 
tion, but no merchantable timber (except for the necessary building, 
fencing or road-making as aforesaid) shall be cut beyond thi^ limit of such 
actual clearing ; and all merchantable timber so cut and disposed of shall 
be subject to the payment of the same dues as are at the time payable by 
the holders of licenses to cut timber : 

(6.) Holders of timber licenses, their servants and agt^its, shall have 
the right to haul their timber over the uncleared i)ortion of any land 

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entered as a hc>nit»st«*ad or purchased as heivinbefore jn'oridod, and to 
make yiioh roads or water-ways thereon as may be necessary for that 
purpose, doing no unnecessary damage, and to use all slides, portages, 
roads, water-ways, or other work previously constructed or existing on any 
land so entered, sold or leased, and the right of access to, and free use of 
all streams and lakes theretofore used, or that may be necessary for the 
passage of timber ; and all land necessary for such work is hereby reserved. 
(7.) All merchantable timber growing or being upon any land here- 
after entered as a homestead or sold under these regulations, shall be sub- 
ject to any timber license in force at the time of such entr}^ or sale, and 
may, at any time during the currency of any license or licenses to be 
issued during such period, be cut and removed under the authority thereof. 

14. Whenever the survey of any township has been finally confirmed 
and such township opened for homestead entry, any person who has botiA 
fide settled and made improvements before such confirmed surv^ey on land 
in such township, shall have a prior right to obtain homestead entry for 
the land so settled on, provided such right be (exercised within three 
months after the land is oi)ened for settlement; and provided that such 
land has not been reserved or the riglit to homestead entry is not excepted 
tinder the provisions of these regulations ; no homestead entry shall be 
granted to any other person in respect of such land until three months 
after notice in writing shall have been given by the local agent to such 
bona fide settler that such land is open for settlement. 

15. Every person applying for homestead entry shall appear and make 
affidavit before the lo<!al agent or, in his absence, the senior clerk perform- 
ing his duties, according to the Forms 1>, C or 1), in the schedule lo these 
regulations, as the circumstances require; and upon filing such affidavit 
with the said local agent or senior clerk, and on payment to him of an 
office fee of tini dolhirs, such person shall receive a receipt from the said 
local agent or senior clerk according to the Form J in the 8(!hedule to these 
regulations; and such receipt shall be a certificate of entry, and shall be 
authority to the person obtaining it to take possession of the land desoribed 
in it : 

(2.) The Minister of the Interior or the Dominion Lands IJoard, upon 
requisition, may authorize any person named therein to make a home- 
Btead entry on behalf of any person signing such requisition and desiring 
to obtain such entry : 

(3.) The person so authorized shall, in order to obtain sui^h entry, 
make application in the Form F in the schedule to these regulations, on 
behalf of each of those whom he represents, and shall make an alfidavit 
before the local agtnit or, in his absence, the senior clerk performing his 
duties, according to form F, G, or H, in the schedule to these regulations, 
as tht» circumstances of the case require, and shall pay for each homestead 
entry the olhcc fee of ti»n dollars, hen^inbeibvt*. pr(^s(*ribed for such entry^ 
and shall receive lor each fee so paid a rectapt in the Form J in the scheduk> 
hereto : 

(4.) Fersons oc(»upyinir land ownt^d by them may obtain homestead 
entry for any contigiu)us land open to ih<» same ; but the whole extent of 



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Interior. 

land, including that praviously owned and oiMupiod, must not excec^d one 
quarter-set rtion : 

(o.) A person applying- lor such entry for eontisfuous land must, when 
making the affidavit prescribed for homestead entry, also deseribe therein 
the tract he owns and lives upon ; and his residence upon and cultivation 
of the whole shall thereafter be of the kind and for the term required by 
the provisions of these regulations, in the <ase of ordinary homestead 
entry, before he shall be entitled to patent for the part so entered for : 
Provided, that such residen(-e and cultivation may be upon the land 
originally occupied by him or that for which homestead entry has been 
obtained, or both. 

16. In case a dispute arises between persons claiming the right to 
homestead entry for the same land, the local agent, or senior ch*rk, or any 
person thereto authorized by the Minister of the Interior, shall make in- 
vestigation and obtain evidence respecting the facts, and his report there- 
on, together with the evidence taken, shall be referred to the Minister of 
the Interior for decision, or to the Dominion Lands Board, Commissioner of 
Dominion Lands, or such person as may be api^ointed by the Grovernor in 
Council to consider and decide in cases of such disputes : 

(2.) Provided that when two or more persons have settled upon and 
seek to obtain homestead entry for the same land, the one who settled first 
thereon and has continued to reside upon and cultivate the laud for which 
homestead entry is sought shall be entitled to such entry if the land bo of 
the class open to homestead entry, and if it be not in the opinion of the 
Minister of the Interior otherwise inexpedient, in the public interest, to 
entertain any application therefor : 

, (3.j Provided further, that w^here contending parties have valuable 
improvements on the lands in dispute, the Minister of the Interior, if thtj 
application to acquire the land by homestead entry is entertained by him, 
may order a division thereof in such a manner as shall preserve to each of 
them, as far as practicable, his improvements ; and the Minister may, at 
his discretion, direct that what the land so allotted to each of them may 
be deficient of a quarter section shall be made up from unoccupied land 
adjoining, if there oe any of the class open to homestead entry. 

17. Any person who has obtained a homestead entry shall be allowed 
a period of six months from its date within which to perfect the entry, by 
taking in his own person possession of the land and beginning continuous 
residence thereon and cultivation thereof ; and if the entry be not perfected 
within that period it shall be void, and the land shall be open to entry by 
another person, or to other disposition under these regulations by the 
Minister of the Interior : 

(2.) Provided further, that in the case of immigrants from elsewhere 
than the North American Continent, the G-overnor in Council may extend 
the time for the perfecting of entry to twelve months from the date thereof. 

18, At the expiration of three years from the date of his perfecting his 
hoaiostead entry, the settler, or in case of his death, his legal representa- 
tives, upon proving to t!ie satisfaction of the local agent that ht», or they, 
or some of them, have resided upon and cultivated the land during the 
said term of three years, shill hi entitled to a patent of the land, provided 

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such proof is accepted by the Commissioner of Dominion Lands, or in his 
absence by a memb(*r of the Land Board, and on payment of one dollar i>er 
acre for the land : Provided also, that the patent therefor shall not issue 
to any person not then a subject of Her Majesty by birth or naturalization : 

(2.) Provided, that in case of a settler who may have obtained home- 
stead entry for land occupied by him previous to surv^ey thereof, in man- 
ner hereinbefore mentioned, residence upon and cultivation of the land for 
three years next preceding the application for patent shall, for the purpose 
of the issue of patent, be held to be equivalent to that prescribed in the 
foregoing clause, if suih residence and cultivation be otherwise in confor- 
mity with the provisions of thes(» regulations : 

(3.) Any person proving that he has resided on the land for which 
he has homestead t»ntry lor twelve months from the date of his perfecting 
his entry therefor, and that he has brought under cultivation at least thirty 
acres thereof, may, before the expiration of the three years delined in sub- 
clause two of this clause, obtain a patent by paying two dollars and fifty 
cents per acn* for the land : 

(4.) Any person claiming a patent under a homestead entry shall also 
be entitled thereto upon making payment therefor at the rate of one dollar 
l)er acre and proving to thi* satisfaction of the Commissioner of Dominion 
Lands or the Dominion Lands Board, — 

(a.) That he perfected his homesteiul entry by commencing the culti- 
vation of the homeNt(»ad within six months from the date of his homestead 
entry ; 

(b.) That within the first year after the date of his homestead entry he 
broke and prepared for crop not less than five acres of his homestead 
quarter-sec^tion ; or if the land affected by his homestead entry be timber 
land, then in lieu of breaking and preparing for crop five ax^^-res he may 
substitute therefor the <rlearing and fencing of three acres ; 

(c.) That within the second year he tropped the said five acres, and 
broke and prepared for crop not less than ten acres in addition, making not 
less than fifteen acres in all ; or if the land affected by his homejstead entry 
be timber land, in lieu of cropping five acres and breaking and preparing 
for crop ten acres additional, he may substitute therefor cropping the three 
acres broken the previous year and clearing and fencing five acres in 
addition, making in all eight acres cleared and fenced, three of which shall 
also be cropped ; 

(d.) That he has erected a habitable house uj)on his homestead before 
the expiration of the second year after his homestead entry, and has bond 
Jide resided therein and has cultivat(»d the land for three years next prior 
to the date of his application for his patent ; 

(e.) That at the commt^cemeut (>f th** third year after the date of his 
homestead entry, or previously, he commenced the residence on his home- 
stead required by the next preceding paragraph of this sub-clause : 

(5.) Proof of the residence and improvements required by this clause 
shall be made by the claimant by alfidavit, and shall be corroborated by 
the evidence on oath of two disinterested witnesses, resident in the 
A^icinity of the land affected by their evidence, and accepted a^ sufficient by 



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the Commissionor of Dominion Lands or in his absence by a member of the 
Land Board ; siK^h affidavit shall be sworn and such testimony given before 
the local agent or, in his absence, the senior clerk performing his duties, or 
some other person named for that purpose by the Minister of the Interior. 
lU. Every person who has obtained a homestead entry, and who pro- 
poses to apply for a patent for such homestead, shall give six months* 
notice in writing to the agent of Dominion Lauds of his intention to make 
such application, and shall produce evidence to the officer who \f> 
authorized to receive the application that such notice has been duly given. 
20. In case it is proved to the satisfaction of the Minister of the Interior 
that a settler has not resided upon and cultivated his homestead, except as 
herein provided, for at least six months in any one year, or has failed to 
cultivate and crop the said land during the first two years after obtaining 
entry therefor, or to erect a habitable house before the expiration of the 
second year after such entry, and to bond fide reside therein and cultivate 
the land for three years next prior to the date of his application for patent, 
or has made any false statement in the affidavit in support of his applica- 
tion for entry, or if he fails, within the time provided for in these regula- 
tions, to apply for a parent for his homestead, and to pay for the said 
homestead the price specified in thi^se regulations, the right to the land 
shall be forfeited and the entry therefor shall be i^ancelled, and the settler 
so forfeiting his entry shall not bi» eligible to obtain another entry, except 
in special cases in the discretion of the Minister of the Interior : 

(2.) Provided, that in case of illness, vouched for by sufficient evi- 
dence, or in the case of immigrants requiring to return to their native laud 
to bring out their families to their homesteads, or in other special cases, 
the Minister of the Interior may, in his discretion, grant an extension of 
time, during which a settler may be absent from his homestead without 
prejudice to his right therein ; but the extension of time so granted shall 
not count as residence. 

2L A homestead, the entry of which has been cancelled, may, at the 
discretion of the Minister, be held for homestead entry by another person, 
on such terms and conditions as the Minister of the Interior may prescribe, 
or for sale of the land with the improvements if any, or of the improve- 
ments alone in connection with homestead entry thereof, to another person. 
22. Any assignment or transter of homestead right or any part thereof 
and any agreement to assign or transfer any homestead right or any part 
thereof after patent shall have been obtained, made or entered into before the 
issue of the patent, shall be null and void ; and the i)erson so assigning or 
transferring or making an agreement to assign or transfer shall forfeit his 
homestead right and shall not be permitted to mak(* another homestead 
entry: Provided, that a person whose homestead may have been reiom- 
mended for patent by the local agent or senior clerk and who has received 
from such agent or clerk a certificate to that effect in the Form K, in the 
*>chedule to these regulations, countersigned by the Commissioner of 
Crown Lands, or in his absence any member of the Dominion Lands Board 
may legally dispose of and convey, assign or transfer his right and title 
therein. 



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ixii ORDERS IN COUNCIL, &o. 

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Fruit Culture. 

M. Any i>ersoii eliiL»ible under these regulations to obtain a home- 
stead entry niay, for fruit growing purposes, upon payment of a fee of tea 
dollars, and upon making api)lieation therefor to the local agent in the 
J^'orm L, in the schedule hereto, obtain entry for any area not in excess of 
one quarter-section of Dominion Lands of the class open for homestead 
«ntry under tliese regulations, upon the following terms and conditions : — 

(a.) For each legal sub division included in the land entered, the ap- 
plicant shall, during the first year alter the date of entry, clear at least four 
iicres and ijlaiit the same in fruit trees, bushes, plants or vines, to the 
number prescribed in these regulations ; 

(h.) During the second year he shall clear and plant three acres addi- 
tional ; and any trees, plants or vines planted the preceding year which 
may have died shall be replaced ; 

(c.) During the third year he shall clear three acres additional,, plant- 
ing the same as in the lirst and second years, and replacing any trees, 
shrubs, plants or vines planted during the first and second years which 
may have died : 

((L) At the end of the third year he shall have ten acres cleared and 
planted with fruit trees, bushes or vines ; 

(e.) Provided that the clearing and planting herein provided for may 
be made upon any portion of the land entered for : 

(f.) The fruit trees, bushes or vines to be planted by the applicant as 
herein provided, shall be in the proportion set forth in the following table, 
according to the variety or varieties j)lanted : — 

Kind. Distance apart. No. per Acre. 

Apple trees, standards 33 feet. 40 

l^ear ** '' 20 " 110 

Teach *' " 15 *' 200 

Plum " " 15 " 200 

Cherry ** *' 20 *' 110 

Currant bushes 4 " x 6 feet, 1,815 

(rooseberry bushes 4 " x 6 *^ 1,815 

Grapes 10 *' x 12 " 364 

Ita^spberries 8 " x 6 *' 2,425 

Strawberries 1 *' x 4 '' 10,900 

(g) At the expiration of five years from the date of his entry, the ap- 
plicant, or in case of his death his legal representative, upon proving to 
the satisfaction of the local agent, or in his absence the senior clerk per- 
forming his duties, that there are then growing upon the land and in 
healthy condition, the number of trees, bushes, plants or vines, as the case 
may be, prescribed by these regulations, shall be entitled to a patent for 
the land upon payment therefor at the rate of one dollar per acre, pro- 
vided such proof is mxepted by the Commissioner of Dominion Lands, or 
in his absenre by a member of the Land Hoard ; but such patent shall not 
issue to any p*»rson who is not a subject of Her Majesty by birth or natur- 
alization ; 



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(fc.) If any person having an entry for land for purx)ose8 of fruit cul- 
ture fails to comply with any of the conditions in respect thereof pre- 
scribed by these regulations, his entry therefor shall be forfeited and can- 
celled, and he shall have no claim to the land v^hatever, except in special 
<»se8, in the discretion of the Minister of the Interior. 

Grazing Lands, 

24. The Grovernor in Council may, from time to time, grant leases of 
unoccupied Dominion lands for grazing purposes to any person or persons, 
for such term of years and at such rent in each case, as may be deemed 
expedient ; and every such lease shall contain a condition by which the 
Governor in Council may authorize the Minister of the Interior, at any 
time during the term of the lease, to give the lessee notice of cancellation 
thereof; and at the end of the two years from the service of such notice 
«uch lease shall cease and determine. 

Mining and Mining Land::, 

25. Lands containing coal or other minerals, whether in surveyed or 
unsurveyed territory, may be disposed of in such manner and on such terms 
and conditions as may, from time to time, be fixed by the Grovernor in 
Council by regulations to be made in that behalf. 

26. It is hereby declared that no grant from the Crown of lands in 
freehold, or for any less estate, has operated or will operate as a conveyance 
of the minerals therein, unless the same are expressly conveyed in such 
grant. 

Ditches, 

27. The provisions of the mining regulations having reference to the 
diversion and use of the water from any stream or lake, and the rights of 
way necessary for the construction of ilumes and ditches to convey such 
water, shall apply to the diversion and use of the water from any stream 
or lake, and the rights of way necessary to the conveyance thereof in re- 
«pect of the irrigation of agricultural lands. 

Timber Licenses, 

28. The provisions of the Act of the Legislature of British Columbia, 
4t Vic, Chap. 82, intituled " An Act relating to the cutting of timber 
upon Provincial lands and for the purpose of deriving a revenue there- 
fiom," shall govern the mode of disi)osal of, and the rents, royalties, dues and 
charges upon the timber lands in the railway belt in British Columbia 
lying south of 49 ^ 34' north latitude and west of 121 ® of longitude 
west of Grreenwich, but the said Act of the Legislature of British Colum- 
bia, in so far as it applies to the lands in the railway bejit lying south of 
49 ^ 84' north latitude and west of the 121 ^ of longitude west of Green- 
wich, shall be administered by the Minister of the Interior of Canada, and 
the rents, royalties, dues and other charges to be made and collected upon 

VOL. I— H 

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or in respect of the said timber lands shall be paid to the credit of the 
Receiver-General of Canada ; and the enactments and provisions in the 
twenty-six next following clauses shall be limited in their eflfect to the 
Dominion lands in the railway belt in British Columbia, lying north and 
east of the tract hereinbefore described, as far as the height of land form- 
ing the water-shed between the basin of the Shuswap Lake and the 
Thompson River on the west, and the basin of the Columbia River on the 
east ; and in regard to the timbered lands within the railway belt in 
British Columbia lying east of the said height of land, the provisions of 
the Dominion Lands Act, 1883, and the regulations thereunder made from 
time to time by the Governor in Council, shall apply : 

(a.) The word " timber " shall mean all wood and the products thereof. 

29. It shall be unlawful for any person, without a license in that be- \ 
half, to be granted as hereinafter mentioned, to cut, fell or carry away any i 
trees or timber upon or from any Dominion lands. 

30. Every person who shall violate the provisions of the preceding^ 
section shall, for the first offence, be liable to a penalty of two hundred and 
fifty dollars, and in default of immediate payment to imprisonment for 
three calendar months, and, for a second conviction, to both a fine of two 
hundred and fifty dollars and imprisonment for three calendar months. 

31. Any person desirous of cutting or felling and carrying away trees 
or timber from Dominion lands may obtain a license to that effect xiix>ii 
proving to the satisfaction of the Minister of the Interior that he has com- 
plied with the following provisions, such proof to be made by affidavit in 
the Form P in the schedule hereto : 

(a.) He shall apply in writing to the Minister of the Interior for a 
license, and shall also, if the land intended to be covered by such license be 
not included in any surveyed township, stake out the land sought for, by 
placing at each angle or corner of the land a stake or post at least four 
inches square and standing not less than four feet above the surface of the 
ground ; and upon each post he shall inscribe his name, and the ang'le 
represented thereby, thus: — "A.B's. N. E. comer" (meaning north-eajst 
corner), or as the case may be : except such posts are so planted before the 
notice referred to in the next succeeding section is given, all the proceed- 
ings taken by the applicant shall be void ; and with his application he 
shall forward to the Minister of the Interior a map or sketch of the land so 
staked out, specifying metes and bounds and showing thereon the best 
information in his power respecting the same, but if the land has already 
been included in any general survey, then the official number of the section 
or sections or part thereof applied for shall be given : 

(b.) He shall, after making the application for the license, publish, for a. 
period of thirty days, in the British Columbia Gazette^ and in any newspaper 
tdrculating in the district in which the lands lie, notice of his application 
for a timber license, and shall in such notice give the best description of 
the land applied for, specifying metes and bounds, and such further par- 
ticulars, if any, as may be required by the Minister of the Interior. 

32. In the event of any adverse claim being filed with the Minister of 
the Interior, he may hear and decide upon the same. 



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33. Timber licenses shall be granted for such area and such length of 
iime as may, from time to time, be detenninedby the Governor in Council ; 
the licensee shall pay to the Minister of the Interior, for the use of Her 
Majesty, annually, during the currency of the license, the sum of fifty 
dollars therefor, the first payment to be made upon the granting of the 
license, and subsequent payments thereafter annually on a day to be named 
in the license, and in default of payment of any such sum within thirty 
days after the same should have been paid, the license shall be void. 

34. No timber license shall be granted in respect of lands forming the 
site of any Indian settlement or reserve, and the Minister of the Interior 
may refuse to grant a license in respect of any particular land, if, in his 
opinion, it is deemed expedient in the public interest so to do. 

35. The license may be in the Form Q, in the schedule to these regula- 
tions. 

36. Every licensee shall keep an account in writing, of the number of 
trees felled by him upon the land embraced within his license, and the 
measurement thereof; and shall, at the expiration of every month, during 
the currency of his license, make and furnish to the Minister of the Interior 
a statement in writing, verified by affidavit, showing the number of trees 
60 felled and the measurement thereof, and shall then forthwith pay to the 
Crown timber agent, for the use of Her Majesty, in respect of each tree 
felled, the sum of thirty cents, and also the sum of seventy-five cents for 
each and every one thousand feet of board measure contained in the logs 
made from such trees, and until the same shall be paid the logs shall not 
be removed from the land where they were cut, and a lien for such timber 
dues shall attach to the logs until the dues are paid, and as soon as the 
logs are scaled and measured, and until payment of the dues, the Crown 
timber agent may take and hold possession of the logs 

37. In reckoning the number of trees felled, there shall not be included 
small timber used for skids, levers, rafting stuff*, or the like, and no dues 
shall be payable in respect of such small timber. 

88. The scale and rule by which the measurement of logs shall be 
determined is the rule laid down and prescribed in Scribner's Lumber and 
Log Book, as copyrighted, in 1882, by George W. Fisher, of Rochester, 
New York. 

39. In scaling or measuring lo^s a deduction shall be made, in the 
case of hollow logs, equal to one-haSf of the diameter of the hollow portion 
of such logs ; and of all logs over eighteen feet in length, the mean diame- 
ter shall be taken. 

40. If the licensee shall fail to keep correct books of account of his 
business, or to submit the same for the inspection of any authorized agent 
of the Minister of the Interior whenever required, or to render to the 
Mhiister of the Interior the statement in writing aforesaid, or shall wil- 
Wly make a false statement, he shall be liable to a penalty of two hun- 
dred and fifty dollars, to be recovered as hereinbefore provided, and in 
default of payment, imprisonment not exceeding sixty days ; and in case of 
conviction the license held by him may be cancelled by the Minister of 
the Interior. 



VOL I— Hi 

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Liability of persons cutting timber without a^fthority. 

41. If auy i^ersoii without authority cuts or employs or induces any 
other person to cut, or assist in cutting, any timber of any kind on 
Dominion lands, or removes or carries away, or employs, or induces, or 
assists any other person to remove or carry away any timber of any kind 
so cut, he shall not acquire any right to such timber, or any claim for 
remuneration for cutting the same, preparing the same for market, or , 
conveying the same to or towards market ; and when the timber has been j 
removed out of the reach of the Crown timber officers, or it is otherwise 
found impossible to seize it, he shall, in addition to the loss of his labor and 
disbursements, pay a fine not exceeding three dollars for each log which 
he is proved to have cut or carried away, or assisted to cut or carry away ; , 
and such sum shall be recoverable with costs, at the suit and in the name 
of the Crown, in any court having jurisdiction in civil matters to the \ 
amount of the penalty ; and in all cases the burden of proof of authority , 
to cut and take the timber shall lie on the party charged; and the averment i 
of the party seizing or prosecuting, that he is duly employed under the ; 
authority of these regulations, shall be sufficient proof thereof, unless the ; 
defendant proves the contrary. 

42. Whenever satisfactory information, supported by affidavit madoi 
before a justice of the i)eace, or before any other competent officer or pet-j 
son, is received by any Crown timber officer or agent, that any timber has! 
been cut without authority on Dominion lands, or if any Crown timber! 
officer or agent, from other sources of information, or his own knowledge,; 
is aware that any timber has been cut without authority on any suoIl: 
lands, he may seize or cause to be seized, in Her Majesty's name, th© 
timber so reported or known to be cut, wherever it is found, and place th« 
same under proper custody, until a decision can be had in the matter by 
competent authority : 

(2.) And where the timber reported, or known to have been cut 'witk' 
out authority, has been made up with other timber into a crib, dam or raftj 
or in any other manner, has, at any mill or elsewhere, been so mixed uj 
with other timber as to render it impossible or very difficult to distingnisl 
the timber so cut without authority from the other timber, the whole shia)! 
be held to have been cut without authority, and shall be liable to seiznn 
and forfeiture accordingly, until the holder shall have separated, to thi 
satisfaction of the Crown timber agent, the one timber from the other. 

43. Whenever any Crown timber agent, or other officer or ageixt c 
the Minister of the Interior, is in doubt as to whether any timber lia^ c 
has not been cut without authority, or is or is not liable to Crown dues o 
the whole or any part thereof, he may enquire of the person or persons i 
possession or in charge of such timber, as to when and where the sclxb 
was cut ; and if no satisfactory explanation, on oath or otherwise a^ 1 
may require, be given to him, he may seize and detain such timber xii^l 
proof be made to the satisfaction of the Minister of the Interior, or of s\x< 
Crown timber agent or officer, that such timber has not been cut witlxoi 
authority, and is not liable, either in whole or in part, to Crown dix^^ 
any kind ; and if such proof be not made within thirty days after sxt.^ 

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seizure such timber may bo dealt with as timber out without authority, or 
on which the Crown dues have not been paid, according to the circum- 
fitanres of the case ; and the dues thereon may be recovered as provided in 
the seventy- fourth clause of the Dominion Lands Act. 

41. In case any timber, or any product thereof, is seized under the 
provisions of these resrulations by any Crow^n timber agent or officer, he 
may allow such timber or product thereof to be removed and disposed of, 
on receiving sufficient security, by bond or otherwise, to his satisfaction, 
for the full value thereof, or, in his discretion, for payment of double the 
amount of all dues, fines, penalties and costs incurred or imposed thereon, 
as the case may be. 

45. All timher seized under these regulations on behalf of the Crown 
as being forfeited, shall be deemed to be condemned, unless the owner 
thereof, or the person for whom it was seized, within one month from the 
day of the seizure, gives notice to the seizing officer, or to the Crown 
timber agent or officer under whose authority the seizure was made, that 
le intends to contest the seizure. If, within fifteen days thereafter, the 
claimant shall not have instituted proceedings before a court of competent 
jurisdiction to contest the seizure, or if the decision of the court be against 
iim, or should the claimant fail duly to prosecute such proceedings, in the 
opinion of the judge before whom such case may be tried (and who may 
for that cause dismiss the suit on the expiration of three months from the 
date on which it was instituted — anything to the contrary hereinbefore 
aacted notwithstanding), the timber may be confiscated and sold for the 
benefit of the Crown, by order of the Minister of the Interior, after notice 
on the spot of at least thirty days : Provided, nevertheless, that the Minis- 
ter of the Interior, should he see cause for doing so, may, instead of con- 
iacating timber cut without authority on Dominion lands, impose a fine 
^w penalty, which, in addition to all costs incurred, shall be levied on such 
timber; and. in default of payment of the whole on demand, he may, after 
|t notice of fifteen days, sell such timber by public auction, and may, at his 
^wretion, retain the whole proceeds of such sale, or the amount of penalty 

id costs only. 

46. And whenever any timber is seized for non-payment of Crown 
leg, or for any cause of forfeiture, or any prosecution is instituted for any 
Baity or forfeiture under these regulations, and any question arises 
toher the said dues have been paid on such timber, or whether said 

iber was cut on other than any of the Dominion lands aforesaid, the 
wlen of proving payment, or of proving on what land the said timber 
cnt, shall lie on the owner or claimant of such timber, and not on the 
icer who seizes the same, or the party instituting such prosecution. 

47. An officer or person^ seizing timber in the dischaisre of his duty 
i« these regulations, may, in the name of the Crown, call in any assist- 

necessary for securing and protecting the timber so seized ; and if 

T person under any pretence, either by assault, force or violen e, or by 

t of such force or violence, in any way resists or obstructs any officer 

person acting in his aid, in the discharge of his duty under these regula- 

8, such person shall be guilty of felony, and, being convicted thereof, 

1 be punishable accordingly. 

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48. If any person, whether pretending to be the owner or not, either 
secretly or openly, and whether with or without force or violence, takes or 
carries away, or causes to be taken or carried away without permission of 
the officer or persen who seized the same, or of some competent authority, 
any timber seized and detained for any lawful cause under these regula- 
tions, before the same has been declared by competent authority to have 
been seized without due cause, such person shall be deemed to have stoleu 
such timber, the property of the Crown, and to be guilty of felony, and, 
being convicted thereof, shall be punishable accordingly. 

49. The Minister of the Interior may, from time to time, define timber 
districts, and may appoint a Crown timber agent for each district. 

50. The Minister of the Interior may, in his discretion, cancel any 
timber licenses granted under the provisions of these regulations, if the 
licensee sliall not, within the time prescribed by his license, continuously 
l>roceed to cut and manufacture the timl)er contained within the limits of 
his license. 

Slides, Si'c. 

ol No sale or grant of any Dominion lands shall give or convey any 
right or title to any slide, dam, water-way, pier or boom, or other work 
previously constructed on such land, or any stream passing through or 
along it, for the purpose of facilitating the des(»ent of timber or saw logs, 
unlccis it be expressly mentioned in the letters patent or other documents 
establishing such sale or grant that such slide, dam, water-way, pier or 
})oom, or other work, is intended to be thereby sold or granted : 

(2.) The free use of any slide, dam, water-way, pier, boom or other 
work on streams, to facilitate the descent of lumber and saw logs, and the 
right of access thereto for the purpose of using the same and keeping the 
same in r*»pair, shall not in any way be interrupted or obstructed by or in 
virtue of any sale or grant of Dominion lands made subsequent to the con- 
struction of any such work. 

52. The free use for the Hoating of saw logs or other timber, of any 
stream or lake that may be necessary for the descent thereof from Dominion 
lands, and the right of access to such stream or lake, and of passing and 
re-jiassing on or along the land on either side, and wherever necessary 
for such use thereof, and over any existing or necessary portage road past 
any rapid or fall, or connecting such stream or lake, and over such road 
as, owing to natural obstacles, may be necessary for taking out timber from 
Dominion lands, and the right of constructing any slide or water-way 
where necessary, shall continue uninterrupted, and shall not be affected or 
obstructed by or in virtue of any sale or grant of such lands. 

Assignmenism * 

53. The Minister of the Interior shall cause to be kept in his Depart- 
ment, books for registering, at the option of the parties interested, assign- 
ments of any right to Dominion lands which is assignable under these 
regulations, upon proof to his satisfaction that such assignment is in con- 
formity with these regulations ; and every assignment so registered shall 



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be valid against any other assignment unregistered or subsequently- 
registered ; but any assignment to be registerod must be unconditional, 
and all conditions on which the right depends must have been performed 
or dispensed with by the Minister of the Interior before the assignment is 
registered. 

Township Plans and Patent Lists. 

54, The Minister of the Interior shall transmit to the Registrar Greneraf 
of British Columbia, or his proper deputy or deputies, as early as possible 
in each year, a certified copy of the map of ea<'h township in such district 
or division, surveyed in the year next pre(^eding, together with a certi- 
fied list of the lands in such district or division patented during such year 

General Provisions. 

56. The following powers are hereby delegated to the Grovernor in 
Council, to be exercised, Irom time to time, by special Orders in Council, 
upon the recommendation of the Minister of the Interior : — 

{a.) To withdraw from the operation of these regulations, subject to 
existing rights as defined or created under the same, such lands as have 
been or may be reserved for Indians ; 

(b.) To encourage works undertaken, with a view of draining and 
reclaiming swamp lands, by granting to the promoters of such works 
remuneration in the way of grants of the lands so reclaimed, or of such 
portions thereof, or any other land, as may be deemed fair and reasonable ; 

(c.) To make such orders as may be deemed necessary, from time to 
time, to carry out the provisions of these regulations, according to their 
true intent, or to meet any cases which may arise and for which no pro- 
vision is made in these regulations ; and further to make and declare any 
regulations which may be considered necessary to give the provisions in 
this clause contained full effect ; and from time to time alter or revoke 
any order or orders or any regulations made in respect of the said provi- 
sions, and make others in their stead : 

(2.) Every order or regulation made by the Grovernor in Council, in 
virtue of the provisions of this clause, or of any other clause of these 
Regulations, shall, unless otherwise specially provided in these regulations, 
have force and effect only after the same has been published for four suc- 
cessive weeks in the Canada Gazette and British Columbia Gazelle ; and all 
such orders or regulations shall be laid before both Houses of Parliament, 
within the first fifteen days of the Session next after the date thereof. 

66. All affidavits, oaths, solemn declarations affirmations required to be 
taken or made under these regulations except as otherwise herein provided, 
may be taken before a registrar of the Supreme Court of British Columbia, 
or the judge or registrar of any County Court, or any justice of the peace, 
or any commissioner for taking affidavits, or notary public, or any Dominion 
lands agent or officer, or any person specially authorized to take such affi- 
davits by these regulations or by the Minister of the Interior. 

67. The Dominion Lands Board, or any member thereof, the Crowu 
timber agent, or any person specially authorized to that eflfect by the 



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Governor iu Council, shall have power to summon before them, or him, 
any person, bj^ subpoena issued by them or him, to examine such person 
tinder oath and to compel the production of papers and writings before 
them or him — and such subpoena may be in the Form R in the schedule to 
these regulations — and, if any person duly summoned neglects or refuses 
to appear at the time and place specified in the subpoena upon him legally 
served, or reluses to give evidence or to produce the papers or writings 
demanded of him, may, by warrant under their or his hands or hand, 
cause such person so neglecting or refusing, to be taken into custody and 
to be imprisoned in the nearest common gaol, as lor contempt of court, for 
a period not exceeding fourteen days. 

58. In any case where an affidavit or oath is required by these regula- 
tions, a solemn affirmation may be administered to, and made, instead of 
an oath, by any person who is by law permitted in civil cases to make a 
solemn affirmation instead of taking an oath. 

59. Every receipt or certificate of entry or sale issued by an agent of 
Dominion lands shall, unless such entry or sale shall have been revoked or 
cancelled by the Minister of the Interior, entitle the person to whom the 
same was granted to maintain suits at law or in equity against any wrong- 
doer or trespasser on the lands to which such receipt or certificate relates^ 
as efi^ectually as he could do under a patent of such land from the Crown. 

.SURVEYS AND SURVEYORS. 
Who shall be competent to survey Dominion Lands, 

60. Clauses ninety-nine to one hundred and thirty-nine inclusive of 
the Act 49 Victoria, Chapter 54, Consolidated Statutes of Canada, are 
hereby extended to the public lands of Canada in the Province of British 

Columbia. 

Tariff of Fees. 

01. The Governor in Council may establish a tariff of fees to be 
< harged by the Minister of the Interior for all copies of maps, township 
plans, field notes and other records, and also for registering assignments ; 
and all fees received under such taritf shall lorm part of revenue from 
Dominion lauds. 

SCHEDULE. 

Form A. 

Application for a Homestead Entry. 
I, , of , do hereby apply'for a homestead 

entry; under the provisions of the '' Kegulations for the disposal of Domi- 
nion lands within the railway belt in the Province of British Columbia 
approved by Order in Council of the , 188 ," for the 

quarter-section of section number of the township, in the 

ransre of the mf^ridian. 



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Form B. 

Affidavit in support of a claim for homestead entry by a person who has 
bona fide settled and made improvements upon land in advance of 
survey. 

I, A. B., do solemnly swear (/yr affirm, a$ the case may be) that I am 
over eighteen years of age ; that to the best of my knowledge and belief 
the land in respect of w^hich my application is made is surveyed agricul- 
tural land ; it is not chiefly valuable for its timber, or for hay land, nor is 
there upon it any stone or marble quarry, or coal or other mineral having 
commercial value ; there is not upon it any water-power which may serve 
to drive machinery, nor is it specially valuable by reason of its position^ 
such as being the shore of an important harbor, bridge site or canal site, 
or being either an actual or prospective railway terminus or station ; that 
I became resident upon and began to cultivate the said land on the 
day of , 18 , before the same was surveyed ; that I have resided 

upon and cultivated the said land continuously ever since ; that there is 
no other person residing or having improvements upon it, and that this 
application is made for my exclusive use and benefit, with the intention 
of residing upon and cultivating the said land, and not directly or indi- 
rectly for the use and benefit of any other person or persons whomsoever ; 
and that I have not heretofore obtained an entry for a homestead on Domi- 
nion lands, nor do I own more than one hundred and sixty acres of land 
within the tract knowm as the railway belt in British Columbia. 

Subscribed ^d^sworn to, this day of j ^sigmture) 

Locat Agent. 



Form C. 



Afi&davit in support of a claim for homestead entry by a person who has 
not previously obtained homestead entry. 

I, A. B., do solemnly swear (or affirm, as the case may be) that I am 
over eighteen years of age ; that to the best of my knowledge and belief 
the land in respect of which my application is made is surveyed agricul- 
tural land ; it is not chiefly valuable for its timber or for hay land, nor is 
there upon it any stone or marble quarry, or coal or other mineral having 
commercial value ; there is not upon it any water power w^hich may 
serve to drive machinery, nor is it specially valuable by reason of its posi- 
tion, such as being the shore of an important harbor, bridge site or i^anal 
site, or being either an actual or prospective railway terminus or station ; 
that there is no person residing on the said land, nor are there any 
improvements thereon, and that this application is made for my exclusive 
iwe and benefit, with the intention of residing upon and cultivating the 
said land, and not directly or indirectly for the use or benefit of any other 



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person or persons whomsoever, and that I havo not heretofore obtained a 
homestead on Dominion lands, nor do I own any lands within the tract 
known as the Railway belt in British Columbia. 

Subscribed and sworn to, this day of ) .o- / v 

IS , before im-. j (Stgnalure) 

Local Assent. 



Form D. 

Affidavit in support of a claim Ibr homestead entry by a person who has 
previously obtained and lias forfeited his homestead entry, but is per- 
mitted by the Minister of the Interior to obtain another homestead 
<»ntry. 

I, A. B., do solemnly swear (or affirm as the case mai/ be) that I am over 
-eighteen years of age; that to the best of my knowledge and belief the 
laud in respect of which my application is made is surveyed agricultural 
land ; it is not chiefly valuable for its timber, or for hay land, nor is there 
upon it any stone or marble quarry, or coal or other mineral having com- 
mercial value ; there is not upon it any water power which may serve to 
drive machinery, nor is it spiH-ially valuable by reason of its position, such 
as being the shore of au important harbor, bridge site or canal site, or 
being either an actual or prospective railway terminus or station ; that 
there is no person residing on the said land, nor are there any improve- 
ments thereon ; that I obtained homestead entry on the day of 

18 , for the quarter-section of section 

township , range , of the meridian, but forfeited the 

same ; that by order of thi^ Minister of the Interior, which I now produce, 
I have been permitted to make application for and to receive another 
homestead entry ; that this application is made for my exclusive use and 
benefit, with the intention of residing upon and cultivating the land 
applied for, and not, direttlyor indirectly, for the use or benefit of any 
other person or persons wliomsoever, and I neither own nor have I a 
homestead entry ibr any other land within the tract known as the railway 
belt in liritish Columbia. 

Subscribed and sworn to, this day of ) ,^. , . 

18 , before me. ^ 1 (•^'^'««"^^'') 

Local Agent. 



Form E. 

Application for a homestead entry by an agent. 

I, A. B., do hereby apply on behalf of of 

, for homestead entry under the provisions of the " Regula- 
tions for the disposal of Dominion lands within the Railway Belt in the 
Province ot British Columl)ia as approved by Order in Council, dated 
" for the quarter-section of section 

number of the township, in the range 

of the meridian. ^ , 

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Form F. 

Affidavit by an agent in support of a claim for homestead entry on l)ehalf 
of a person who has bond fide settled and made improvements upon 
land in advance of survey 

I, A.B., do solemnly swear (or affirm, as the case may be) that for 

whom I am acting herein as agent, is over eighteen years of age ; that to 
the best of my knowledge and belief the land in respect of which thc^ ap- 
plication is made is surveyed agri(*ultural land ; it is not chielly valuable 
for its timber, or for hay land, nor is there upon it any stone or marble 
quarry, or coal or other mineral having comnuTcial value ; there is not 
upon it any water power which may serve to drive mat^hinery, nor is it 
specially valuable by reason of its position, such as being the shore of an 
important harbor, bridge site or canal site, or being either an a<tual or 
prospective railway terminus or station ; that the said 

became resident upon and began to cultivate the said land on the 
day of 18 , belbre the same was 

surveyed ; that he has resided upon and cultivated the said land in con- 
formity with the requirements of the homestead provisions of the Domin- 
ion lands regulations" in British Columbia ever since ; that there is no 
other person residing on, or claiming, or having improvements upon it, 
and that this application is made for his exclusive use and benefit, with 
the intention of his residing upon and cultivating the said land, and not 
directly or indirectly for the use or benefit of any other person or persons 
whomsoever, and that he has not heretofore obtained an entry for a home- 
stead on Dominion lands, nor does he own any land within the tract 
known as the railway belt in British Columbia. 

Subscribed and sworn, this day of i ,^. , v 

18 , before me. > '^ 

Local Afirent. 



Form G. 

Affidavit by an agent in support, of a claim for homestead entry on behalf 
of a person who has not previously obtained homestead entry. 
I, A.B., do solemnly swear (or affirm, as the case may he) that 

, of , for whom I am acting herein as agent, is over 

eighteen years of age ; that to the best of my knowledge and belief the hind 
in respect of which the application is made is surveyed agricultural Innd ; 
it is not chiefly valuable for its timber, or for hay land, nor is there u])on 
it any stone or marble quarry, or coal or other mineral having commcin ial 
value; there is not upon it any water power which may serve to drive 
machinery, nor is it specially valuable by reason of its position, su( li as 
being the shore of an important harbor, bridge site or canal site, or Ix'iiig 
either an actual or prospective railway terminus or station ; that there 
is no person residing upon the said land, nor are there any improvements 
thereon, and that this application is made for the exclusive use and benefit 



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cxxiv ORDERS IN COUNCIL, &c. 



Tnierior, 

of the said , with the intention of his residing upon and 

cultivating- the said land, and not directly or indirectly for the use or 
benefit of any other person or persons whomsoever, and that he has not 
heretofore obtained an entry for a homestead on Dominion lands, nor does 
he own any lands within the tract known as the railway belt in British 
Columbia. 

Subscribed and sworn to, this day of) f^, , ^ 

18 —, belore me. ) 

Local Agent. 

Form H. 

Affidavit by an agent in support of a claim for homestead entry on behalf 
of a person who has previously obtained and has forfeited his home- 
^^tead entry, but is permitted by the Minister of the Interior to obtain 
another homestead entry. 

I, A. B., do solemnly swear {or affirm as the case map be) that 
for whom 1 am acting herein as agent, is over eighteen years of age ; and 
to the best of my knowledge and belief the land in respect of which 
application is made is surveyed agricultural land ; it is not chiefly valuable 
for its timber, or for hay land, nor is there upon it any stone or marble 
quarry, or coal or other mineral having i^ommercial value ; there is not upon 
it any water power which may serve to drive machinery, nor is it specially 
valuable by reason of its potsition, such as being the shore of an important 
harbor, bridge site or canal site, or being either an actual or prospective 
railway terminus or station; that there is no person residing on the said 
land, nor are there any improvements thereon ; that he obtained homestead 
entry on the day of , 18 , for the 

quarter-section of section township 

range , of the meridian, but forfeited the same ; that 

by an order of the Minister of the Interior, which I now produce, he has 
been permitted to make applii^ation for and receive another homestead 
entry, and that this application is made for his exclusive use and benefit, 
with the intention of his residing upon and cultivating the land applied 
for, and not directly or indirectly for the use or benefit of any other person 
or persons whomsoever, and that he neither owns nor has he a homestead 
entry for any other land within the tract known as the railway belt in 
British Columbia. 

Subscribed and sworn to. this dav of ) ,^. , v 

-.oil. ' \ i^'fS'nature.) 

18 , belore me. ) 

Loral Agent. 



Form J. 



Receipt and certificate of entry. 

I i'ertify that I have received from the sum of ten dollars, 

bein«^ the office fee for homestead entry for {describe the land), anrdr that^the 

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said is, iu consequence of such entry and payment, vested 

with the rights conferred in such cases by the provisions of the " Regula- 
tions for the disposal of Dominion lands within the Railway Belt in the 
Province of British Columbia as approved by Order in Council, dated 
," respecting homestead rights 

Local Agent. 
(Place— Date). 



Form K. 

Certificate of recommendation for patent. 

I certify that who is the holder of a homestead entry 

for (describe the land) has complied with the provisions of the law required 
to be conformed to, in order to entitle him to receive a patent for such land, 
and that I have recommended the issue of such patent. 

Local Agent. 
(Place— Date). 

Countersigned : 

Commissioner of Dominion Lands. 



Form L. 
Application for fruit culture entry. 

, 188 . 

I, A. B., do hereby apply for entry under the " Regulations for the dis- 
posal of Dominion Lands for fruit culture within the Railway Belt in the 
Province of British Columbia, as approved by Order in Council of the 
day of , 188 ," for L.S., , of section number 

, of the township in the range 

west of the meridian. 

And I, A. B., do solemnly swear (or affirm, as the case may be) that I 
am over eighteen years of age ; that to the best of my knowledge and belief 
the land in resi)ect of which this application is made is of the class open 
for homestead entry ; that there is no person residing upon the said land, 
nor are there any improvements thereon ; and that I have not heretofore 
obtained a fruit culture or other entry for Dominion Lands. 

Sworn before me, this day ) 
of AD. 18 ,[ (Signature) 

at ) 

Local Assent. 



Form M. 

Notice of application for right to divert water. 

Notice is hereby given in pursuance of the provisions of the regulations 
for the disposal of Dominion lauds within the railway belt in the Province 

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cxxvi ORDERS IN COUNCIL, &c. 



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of British Columbia, that I, of at the expiration 

of 20 days from the date hereof intend to apply to the local agent of Dom- 
inion lands at , in the Province of British Columbia, for 
authority to take, carry away and divert to my (farm or mining claim) from 
its natural channel inches of the unentered and unappropriated water 
of the (stream or lake) known as for purposes 
during the term of years from the date of record with the object of 
(irrigating or sluicing) my said (farm or mining claim) ; such diversion 
will be made at a point situated on the (north, east, south, or west, end or 
side) of the said (stream or lake) marked on ihe ground by a conspicuous 
post, and it is intended that such water shall be carried in and through a 
(ditch or flume or both) in a direction over the lands of 

, as indicated by like posts planted, where practicable, every quarter 
of a mile along the proposed line of the (ditch or flume or both). 

{Signature) 

Dated this day of , 18 , at 



Form N. 

Affidavit in support of application for right to divert water. 

Province of British Columbia, 
To Wit : 

I, of , make oath and say : — 

1st. That the document hereunto annexed and marked with the letter 
** A '' is a true copy of a notice given by me, , in pursuance of the 

provisions of the regulations for the disposal of the Dominion lands within 
the railway belt in the Province of British Columbia, and posted up by 
me on the date thereof at the point of diversion therein named. 

2nd. That on the day of , A.D. 18 , I also posted 

up a like copy of such notice in a conspicuous place on the lands of each 
of the folloAving persons, viz. : 

3rd. That the lands of the said several persons named in the last above 
paragraph, and of no others, will be affected by the proi)osed diversion in 
the said notice mentioned. 

4th. That I am hiwfully entitled to hold land under the said regula- 
tions, and I am lawfully occupying (and bond, fide cultivating or working, 
as the case may be), the (land or mineral claim) to which the said water is 
intended to be diverted, 

6th. That I have planted posts in accordance with the terms of, and 
along the proposed line of , as indicated in the said notice, 

and I believe that I have performed all conditions precedent necessary to 
entitle me to a record of the water privilege in the said notice mentioned 
or referred to. 

Sworn before me, this day ) 

of A.D. 18 , at [ (Signature) 

in the said Province, i 



Local Agent, ^.^.^.^^^ .^ GoOglc 



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ORDERS IN COUNCIL, &c. cxrvii 



Interior, 



Form O. 
Grant of the right to divert water. 

To all whom it may concern — Greeting : 

Know ye, that , of , having complied 

with the provisions of clauses 28 and 29 of the regulations for the disposal 
of Dominion lands within the railway belt in the Province of British 
Columbia, as appears by affidavit of himself with notice annexed filed 
with the undersigned on the day of 18 y 

is hereby authorized to divert for his own use for a period of 
years from the date hereof, inches of unrecorded and unappro- 

priated water of , or so much of that quantity as may be 

lawfully diverted and used by him under and in accordance with the 
provisions of the said regulations, and the said is entitled 

to all the rights conferred by the said regulations upon the recorded 
owner of a water privilege. 

Given the day of 18 , at 

in the Province of British Columbia. 

Local Agent. 



Form P. 



Affidavit in support of an application for a license to cut timber upon 

Dominion lands. 

Province of British Columbia, 
To Wit : 

I, , of , make oath and say : — 

1. .That I have applied to the Minister of the Interior in writing for a 
license to cut timber on Dominion lands. 

2. {If the land applied for be surveyed land). That the land covered by^ 
my application is the (here describe land by section and part of section, town- 
ship and range). 

2. {If the lanff applied for be unsurveyed land). That I have staked out, 
or caused to be staked out, the land sought for by placing at each angle 
or comer of the lands a stake or post not less than four inches square, and 
standing not less than four feet above the surface of the ground ; and 
upon each post I have inscribed or caused to be inscribed my name and 
the angle represented thereby ; that I have forwarded to the Minister of 
the Interior a map or sketch of the land so staked out, specifying motes 
arid bounds, and showing thereon the best information in my power 
respecting the same. 

3. That I have, after making application as aforesaid, published, for a 
period of thirty days, in the British Columbia Gazette, and also in the 
{here insert name of newspaper), a newspaper circulating in the district in 

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cixviii ORDERS IN COUNCIL, &a 



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which the lauds applied for lie, a notice of my application for a timber 
license, giving the best possible description of the lands applied for. 

Sworn before me this day ) 

of A.D. 18 , at , [ (Signature), 

in the said Province. ) 

Local Agent. 



Form Q. 
Timber license. 



No. 



Term years. 

This is to certify that of in the Pro- 

vince of British Columbia, is hereby, from this date, licensed for the term 
of years next ensuing, to enter upon, cut, fell and remove (except 

as thereinafter is reserved) timber from all that tract of Dominion lands 
situate in the district of and more particularly described as 

{insert description of land), and containing acres, more or less, 

with right of ingress, egress and regress for agents, servants 

and workmen for such purposes over any adjacent, vacant and unoccupied 
Dominion lands. 

Subject nevertheless, to the payment of the annual sum of 
dollars on the day of in each year of the said term, 

and to the payment of all other sums, fees and timber dues prescribed by 
the " Regulations for the disposal of Dominion lands within the railway 
belt in the Pro vince of British Columbia as approved by Order in Council, 
<Iated *' and also subject to all other provisions of the said Act 

with respect to timber. 

Provided always, that any and all exceptionally large trees that may 
be standing or growing on the said tract of land are hereby expressly 
reserved to the use of Her Majesty for all time, and the said 
hereby expressly forbidden to cut or fell any of such trees. 

Dated at 



^ 



Deputy Minister of the Interior. 



Form R. 
Subp<rna. 
To 



Greeting ; 



You are hereby commanded that all things set aside and ceasing every 
excuse, you be iind appear in your proper person before me the under- 
wgneJ, at on the day of 18 , by 

o'clock in the noon, and so on from day to day, to be then and. 



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there examined upon oath touching your knowledge of And 

you are to bring with you and produce all papers and writings in your 
custody, power or control, in any wise relating to the said matters ; and 
take notice that if you neglect or refuse to appear at the time or place afore- 
said you will be liable to be taken into custody and to be imprisoned in 
the nearest common gaol, as for contempt of court, for a period not exceed* 
ing fourteen days. 

Given under my hand and seal, this day of 18 , 

at 

Vide Cmiadn Gazette, Vol. XXI, p. 087. 



{Signature of Officer) 



By Order in Council bearing date, Saturday, 17th day of September, 
1887, under the authority of the iiOth section of *'The Dominion Lands 
Act," Chapter 54 of the Revised Statutes of Canada, the Order in Council 
of the 18th July, 1887, respecting the reservation for the use for the 
North-West Mounted Police of land in the Rocky Mountains Park of 
Canada w^as cancelled, and the land situate in the Rocky Mountains Park 
of Canada, containing about 1,106 acres, was reserved for the use of the 
North- West Mounted Police. 

Vifle Canada Gazette, Vol. XXI, p. 697. 



By Order in Council bearing date Wednesday, 5th day of October* 
1887, under the provisions of the 47th section of Chapter 54 of the 
Revised Statutes of Canada, intituled " An Act respecting Public Lands," 
the regulations governing the disposal of mineral lands approved by the 
Order in Council oi the 7th March, 1884, were cancelled, and the accom- 
panying amended regulations governing the disposal of mineral lands 
other than coal lands in Manitoba and the North-West Territories, and of 
such mineral lands in British Columbia as are the property of the Govern- 
ment of Canada, were approved and adopted in lieu thereof 

s 
SUMMARY OF PROPOSED CHANGES IN THE MINING REGULATIONS. 

[Generally it may be said that the few changes proposed in the mining 
regulations have for their object the assimilation of the system of adminis- 
tering mining lands within the railway belt in British Columbia with the 
mining laws of that Province, adhering, however, to the principle that the 
purchaser of mining lands shall acquire the right to such mines, minerals, 
and substances as may be found within the boundaries of his claim pro- 
duced vertically, but not the right to follow the lead or vein of gold or 
silver bearing quartz which originates in his own claim outside of those 
vertical lines, as is the case under the ledge or Californian system which 
prevails in the Province. 

The principal changes may be briefly stated as : 

The area of a mining location is reduced from 40 to a little over 20 



acres. 

VOL. I — I 

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Tj n«l»M* ih » present regulations a mining claim has to be rectangular in 
form and laid out on due north and south and east and west lines. It is 
proposi»d to muke the form of the claim a parallelo<rram, with a length not 
exceeding 1,500 feet and a breadth not exceeding 500 feet, and to forego^ 
the requirem**iit as to its being laid out on due north and south and east 
%and west linoy. 

The present regulations require $500 to be expendcHl on a claim within 
one year of the date of entry and before patent shall issue, with the 
privilege of another year in certain cases within which to make such 
expenditure. The proposed regulations call for $100 expenditure in each 
of five years, thus giving the locatee five years within which to make the 
$500 worth of improvements ; but if he wishes to obtain patent sooner, he 
can do so by making the necessary expenditure at any time before apply- 
ing for patent. 

A new feature of the proposed regulations is that provision is made to 
a limited extent for the formation of mining partnerships of not exceeding 
four persons, whose claims must be adjacent to each other, and the entries 
for which must have been made within three months of each other. In 
such cases the four partners will be permittc^d for the first two years to 
concentrate their annual expenditure on any one of the four claims. Such 
exi>enditure, however, does not count as expenditun» on any but the claim 
on which it is made; in other words, it gives the partners two years 
extension of time within which to make the expenditure upon each of the 
claims required under the regulations to be made by individual claim 
holders within five years. 

The sulVclauses of clause 8 provide that within surveyed territory the 
mining locations shall be adapted to the system of surveys — anew feature. 

Clause 18 of the proposed regulations will enable the Minister, if he 
deem it expedient, to grant petroleum claims of an area of 160 acres each, 
under the same conditions as the present regulations provide for claims 
for iron mining lands. 

Clause 18 is so amended that creek or river placer claims shall not 
exceed ten acres in area when the distance from base to base of the hill or 
bench exceeds ten chains. 
|| Under the head of ditches, the present regulations provide for the 

granting of water required for works in connection with mining. Subject 
to the same renditions, the proposed regulations permit of the acquisition 
of the same right in connection with stamping mills, reduction works, &c. 

It is proposed to repeal clause 81 of the present regulations with refer- 
ence to royalty. The attempt to collect royalties upon gold and silver has 
proved abortive in British Columbia, as has every form of collecting the 
same impost in Australia. No charge of the kind being imposed outside 
the railway b«^lt in British Columbia or in the neighboring States of the 
American Union, it would be impossible to enforce it in our territory. A 
revenue of f(|ual value, but much more easily collectable, and less offen- 
sive, because no inquisitorial proceedings are necessary for its collection, 
can be obtained from the fees required to be paid annually until the issue 
of patent ; and the territorial revenue in the North-West might be largely 



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ORDERS IN COUNCIL, &c. cxxxi 



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augmented, as in British Columbia, by requiring miners and prospectors 
to take out licenses 

By the proposed regulations lots containing stone quarries can be 
taken up, but the products are either subject to royalty, or the lots may be 
sold absolutely at such price as the Minister may determine. 

A new provision is that which permits the owner of a mine, who 
finds in the course of development that his lode or vein will pass beyond 
the vertical lines of his claim before he has reached the depth beyond 
which working would cease to be remunerative, and the adjacent land is 
vacant, to obtain an additional area of 20 acres on the side to which the 
lode or vein deflects. This privilege only attaches, however to a claim 
which is in process practically and bona fide of being worked.] 

Regit LATIONS Governing the disposal of Mineral Lands other than Coal 

Lands. 

1. These regulations shall be applicable to all Dominion lands con- 
taining gold, silver, cinnibar, lead, tin, copper, petroleum, iron, or other 
mineral deposit of economic value, with the exception of coal. 

2. Any person or' persons may explore vacant Dominion lands not ap- 
propriated or reser\"ed by Government for other purposes, and may search 
therein, either by surface or subterranean prospecting, for mineral aeposits, 
with a view to obtaining under these regulations a mining location for 
the same ; but no mining location or mining claim shall be granted until 
actual discovery has been made of the vein, lode, or deposit of mineral or 
metal within the limits of the location or claim. 

I. — Quartz Mining. 

3. A location for mining, except for iron or petroleum, on veins, lodes, 
or ledges of quartz or other rock in place, shall not exceed the following 
dimensions : Its length shall not be more than 1,500 feet, its breadth not 
more than 600 feet ; its surface boundaries shall be four straight lines, and 
the side lines and end lines shall be parallel lines, except where prior loca- 
tions may prevent, in which case it may be of such shape as may be ap- 
proved by the Superintendent of Mines. Its length shall not be more 
than three times its breadth. Its boundaries beneath the surface shall be 
the vertical planes in which its surface boundaries lie. 

4. Any person having discoved a mineral deposit may obtain a mining 
location therefor, under these regulations, in the following manner : — 

{a.) He shall mark the location on the ground by placing at each of 
its four comers a wooden post, not less than four inches square, driven 
not less than eighteen inches into the ground, and showing that length 
above it. If the ground be too rocky to admit of so driving such posts, he 
shall build about each of them, to support it and keep it in place, a c^airn 
or mound of stones, at least three feet in diameter at the base, and eighteen 
inches high. If the location be timbered, a line shall be run and well blazed 
joining the said posts. If it be not so timbered, and the ground is of such 
a nature that any one post cannot be seen from the ends of either of 

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cxiKii ORDERS IN COUNCIL, &c. 

Interior. 

the lines, \vhi(;h form the angle at which the said post is i)laced, posts 
flattened on two sides (such flattened portions facing the directions of the 
line) shall be planted or mounded along the side lines wherever necessary, 
so that no difficulty may be experienced by a subsequent prospector or 
explorer in discovering or following the boundaries of any location. If 
the location be laid out with its boundaries due north and south and east 
and west, then he shall mark on the post designating the north-east 
angle of the location, legibly, with a cutting instrument, or with colored 
chalk, his name in full, the date of such marking, and the letters M. L. 
No. i, to indicate that the post is Mining location post No. 1. Proceeding 
next to the south-easterly angle of the location he shall mark the post 
planted there with the letters M. L. No. 2, and his initials ; next to 
the south-westerly angle of the location, the post planted at which he 
shall mark with the letters M. L. No. 3, and his initials ; and lastly to the 
north-westerly angle of the location, the post planted at which he shall 
mark with the letters M. L. No. 4, and his initials. If the location be laid 
out by other than due north and south and east and west lines, the first 
mentioned post shall be the one at the northerly angle ; the second the 
one ai the (easterly angle ; the third the one at the southerly angle ; and 
the fourth the one at the westerly angle. Furthermore, on thefaceof each 
post, which face shall in the planting thereof be turned towards the post 
which next follows it in the order in which they are here named and 
numbered, there shall be marked in figures the number of yards distant 
to the next following post. If means of measurement are not available, 
the distance to be so marked on each of the posts may be that estimated. 
If the corner of a location falls in a ravine, bed of a stream, or any other 
situation where the character of the locality may render the planting of a 
post impossible, the said corner may be indicated by the erection at the 
nearest suitable point of a witness post, which in that case shall contaiu 
the same marks as those prescribed in this clause in regard to corner x>osts, 
together with the letters W. P., and an indication of the bearing and 
distance of the site of the true corner from such witness post. 

(In this manner any subsequent prospector, informed of these regula- 
tions, will, on finding any one of the posts or mounds, be enabled to follow 
them all round, from one to another, and avoid encroachment, either in 
search of or in marking out another location in the;Vicinity for himself) ; 

(b,) Having so marked out on the ground the location he desires, the 
claimant shall, within sixty days thereafter, file with the agent in the 
Dominion lands office for the district in which the location is situated, 
a declaration under oath, according to Form A in the schedule to these 
regulations (which may be sworn to before the said agent, or may have 
been previously sworn to before a justice of the peace or commissioner), 
setting forth the circumstances of his discovery, and describing as nearly 
as may be, the locality and dimensions of the location marked out by him. 
as aforesaid ; and shall, along with such declaration, pay to the said ag'ent 
an entry fee of five dollars. 

(c) The agent upon such payment being made shall grant a receipt 
according to the Form B in the schedule to these regulations. This 
receipt shall authorize the claimant, his legal representatives or assi^nees^ 

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0RDER3 m COUNCIL, &c. cxxxiii 

— ^ — -■ '■ ,,.,,, ^ III.. 

Interior. 

to enter into possession of the location applied for, and subject to its 
removal from year to year as hereinafter provided, during the term of five 
years from its date, to take therefrom and dispose of any mineral deposit 
contained within its boundaries, provided that during each of the said 
five years after the date of su<*h receipt he or they shall expend in actual 
mining operations on the claim at least one hundred dollars, and furnish 
to the agent of Dominion lands within each and every year a full detailed 
statement of such expenditure, which evidence shall be in the form of an 
affidavit corroborated by two reliable and disinterested witnesses ; and 
the agent shall thereupon, subject to the payment by the claimant of a fee 
of five dollars, issue a receipt in the Form C in the sihedule thereto, which 
shall entitle the claimant to hold the location for another year > 

(d.) Any party of miners, not exceeding four, whose claims are adjoin- 
ing, and each of which has been entered within three months of the other, 
may, for the better development of their locations, and upon being author- 
ized to do so by the agent, make upon any one of such locations, during 
the first and second years after entry, but not subsequently, the expenditure 
required by these regulations to be made upon each of the said locations 
The authority herein provided for shall be in the Form D in the schedule 
hereto, and shall be granted by the agent upon application made in writing 
to that effect by each of the claimants interested, and payment of a fee of 
five dollars, upon which payment the agent shall also grant a receipt in 
the Form E in the schedule hereto : Provided, however, that the expendi- 
ture made upon any one location shall not be appli(*able in any manner 
or for any purpose to any other location. 

5. At any time before the expiry of five years from the date of his 
entry for his mining location, the claimant shall be entitled to purchase 
the said location upon filing with the agent proof that he has expended 
not less than five hundred dollars in actual mining operations on the same, 
and that he has in every other respect complied with the requirements of 
these regulations. 

6. The price to be paid for a mining location shall be at the rate of 
five dollars per acre, cash. 

7. On making the application to purchase a mining location, and 
paying the price therefor, as hereinbefore provided, the claimant shall also 
deposit with the agent the sum of fifty dollars, which shall be deemed 
payment by him to the Government for the survey of his location ; and 
uix)n the receipt of the plans and field notes, and tlie approval then^of by 
the Surveyor G-eneral, a patent shall issue to the claimant in the Form F 
in the schedule hereto. If, on account of its remoteness or other cause, a 
mining location cannot, at the time of the deposit of fifty dollars by the 
applicant for the purpose, be surveyed by the G-overnment for that sum, 
he shall be subject to the altt^natives of waiting until the emploj'miMit of 
a surveyor by the Government on other work in the vicinity of the claim 
renders it convenient to have the survey made at a cost not exceeding fifty 
dollars, or of sooner procuring, at his own cost, its survey by a duly <*om- 
missioned surveyor of Dominion lands, under instructions from th(? Sur- 
veyor General ; in the latter case, on receipt of the plans and field notes 
of the survey and approval thereof by the Surveyor Grener|fli^,^hereinbe- 



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cxxxiv ORDERS IN COUNCIL, &c. 



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fore provided, the claimant shall be entitled to receive his patent, and to 
have returned to him the fifty dollars deposited by him to defray the cost 
of survey. 

8. Should the claimant, or his legal representatives as aforesaid, fail 
to prove within each year the expenditure prescribed, or, having proved such 
expenditure, fail within the prescribed time to pay in full, and in cash, to 
the local agent, the price hereinbefore fixed for such mining location, and 
also to pay the sum of fifty dollars hereinbefore prescribed for the survey, 
of his location, — then any right on the part of the claimant or of his legal 
representatives in the location, or claim on his or their part to acquire it. 
shall lapse, and the location shall thereupon revert to the Crown, and shall 
be held, aloqg with any immovable improvements thereon, for disposal, 
under these regulations, to any other person, or as the Minister of the In- 
terior may direct : 

(a.) In cases where applications lor mining locations are made in 
respect of lands within surveyed townships, they must conform to the 
regular system of surveys ; that is, the location shall be either legal sub- 
divisions or regular sub-divisions thereof; and prior to the application 
being granted it shall be necessary to stake out the location, at least ap- 
proximately, on the ground, and it shall be surveyed by a Dominion land 
surveyor, acting under instructions from the Surveyor General, within 
one year thereafter : 

(6.) If applications for mining locations are made within a township 
of which at least one boundary has been surveyed, to protect himself the 
discoverer may stake out his claim in conformity with these regulations ; 
but, before the issue of the patent, the claim shall, if required by the Min- 
ister of the Interior, be described by legal sub-divisions or fractional por- 
tions thereof, upon a survey made by a Dominion land surveyor acting 
under instructions from the Surveyor-General 

Locations taken up prior to this date may, until the 1st July, 1888, be 
re-marked and re-entered in conformity with these regulations without the 
payment of new fees, in cases where no existing interest would thereby be 
prejudicially atibcted. 

9. Where two or more persons lay claim to the same mining location, 
the right to acquire it shall be in him who can prove he was the first to 
discover the mineral deposit involved and to take possession, by demarca- 
tion in the manner prescribed in these regulations, of the location cover- 
ing it. 

10. Priority of discovery alone shall not give the right to acquire ; but 
a i)erson subsequently and independently discovering, who has complied 
with the other conditions prescribed in these regulations, shall take prece- 
dence of the first discoverer if the latter has failed to comply with the said 
other conditions : Provided, however, that in any case where it is proved 
that a claimant has, in bad faith, used the prior discovery of another, and 
fraudulently affirms that he made independent discovery and demarcation, 
he shall, apart from any other legal consequences, have no claim, and shall 
forfeit the deposit made with his application, and shall be absolutely- 
debarred from obtaining another mining location. 



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11. Not more than one mining location shall be granti»il lo any in- 
fiividual claimant upon the same lode or vein. 

12. Where land is used or occupied for milling purposes, reduction 
works or other purposes incidental to mining operations, either by the 
proprietor of a mining location or other person, such land may be applied 
for and patented, either in connection with or separate from a mining 
location, in the manner hereinbefore provided for the application for and 
the patenting of mining locations, and may be held in addition to any such 
mining location ; but such additional land shall in no case exceed five acres 
in extent, and shall be paid for at the same rate as a mining location. 

13. The Minister of tlie Interior may grant a location for the mining 
of iron or petroleum not exceeding 160 acres in area, which shall be bounded 
by due north and south and east and west lines, and its breadth and 
length shall be equal : Provided, that should any person making an appli- 
cation purporting to be for the purpose of mining either iron or petroleum 
thus obtain, whether in good faith or fraudulently, possession of a 
valuable mineral deposit other than iron or petroleum, his right in such 
deposit shall be restricted to the area hereinbefore prescribed for other 
minerals, and the rest of the location shall thereupon revert to the Crown 
for such disposition as the Minister may direct. 

1 4. When there are two or more applicants for any mining location, 
no one of whom is the original discoverer or his assignee, the Minister of 
the Interior, if he sees fit to dispose of the location, shall invite their com- 
petitive tenders, or shall put it up to public tender or auction as he may 
deem expedient. 

15. An assignment of the right to purchase a mining location shall be 
indorsed on the back of the receipt or certificate of assignment (Forms B 
and Gr, in the schedule hereto), and the execution thereof shall be attested 
by two disinterested witnesses ; upon the deposit of the receipt or certifi- 
cate with such assignment executed and attested as herein provided, in the 
office of the agent, accompanied by a registration fee of two dollars, the 
agent shall give to the assignee a receij^t in the Form G in the schedule 
hereto, which certificate shall entitle the assignee to all the rights and 
privileeres of the original discoverer in respect of the claim assigned ; and 
the said assignment shall be forwarded to the Minister of the Interior by 
the agent, at the same time and in like manner as his other returns 
respecting Dominion lands, and shall be registered in the Department of 
the Interior; and no assignment of the right to purchase a mining location 
which is not unconditional and in all respec^ts in accordance with the pro- 
visions of this clause, and accompanied by the registration fee herein pro- 
vided for, shall be recognized by the agent or registered in the Department 
of the Interior. 

16. If application be made under the next preceding clause by the 
assignee of a right to purchase a mining location, and such claim is duly 
recognized and registered, as hereinbefore provided, such assignee shall, 
by complying with these regulations, become entitled to purchase the 
location for the price and on the terms prescribed thereby. 



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II.— Placer Mines. 

17. The regulations hereinbefore laid down in respect of quartz mining 
shall be applicable to placer mining so far as they relate to entries, entry 
fees, assignments, marking of locations, agents' receipts, and generally 
where they can be applied, save and except as otherwise herein provided. 

Nature and size of Claims. 

18. The size of claims shall be as follows : — 

(a.) For ** bar diggings," a strip of land 100 feet wide at high water 
mark, and thence extending into the river to its lowest water level ; 

(b) For " dry diggings," 100 feet souare ; 

(c.) " Creek and river claims," shall be 100 feet long, measured in the 
direction of the general course of the stream, and shall extend in width 
from base to base of the hill or bench on each side, but when the hills or 
benches are less than 100 feet apart the claim shall be 100 feet square ; 
Provided, however, that in any case w^here the distance from base to base 
of the hill or bench exceeds ten chains, such claims shall be laid out in 
areas of ten acres each, the boundaries of such areas to be due north and 
south and east and west lines, and if within surveyed territory the said 
area of ten acres shall consist of one-fourth of a legal sub-division, and shall 
be marked on the ground in the manner prescribed by these regulations 
for marking quartz mining locations : Provided further, that any such 
claim intersected by a creek or river, shall, in addition to the stakes at the 
four corners thereof, have the points at which its boundaries may be inter- 
sected by the high water mark of the creek or river on both sides of the 
creek or river designated by posts of the same size which shall be driven 
into the ground the same depth and showing the same length above it as 
the posts prescribed by these regulations in respect of quartz mining loca- 
tions, and the said posts shall have marked ui)on them legibly, with a 
cutting instrument or with colored chalk, the name of the claimant in 
full and the date of such marking ; 

{(l.) " Ben(*h claims" shall be 100 feet sauare. 

\e.) Every claim on the face of any hill, and Ironting on any natural 
stream or ravin(\ shall have a frontage of 100 feet, drawn parallel to the 
main direction thereof, and shall be laid out, as nearly as possible, in the 
manner prescribed by section 4 of these regulations ; 

(/.) If any person or persons shall discover a new mine, and such 
discovery shall be established to the satisfaction of the agent, claims of the 
following size, in dry, bar, bench, creek or hill diggings, shall be allowed : 

To one discoverer 300 feet in length. 

a party of two GOO do do 

do three 800 do do 

do four 1,000 do do 

and to each member of a party beyond four in number, a claim of the 
ordinary size only. 

A new stratum of auriferous earth or gravel, situated in a locality 
where the claims are abandoned, shall, for this purpose, be deemed a new 



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mine, although the same locality shall have been })reviously worked at a 
diifereut level ; and dry diggings discovered in the vicinity of bar diggings 
shall be deemed a new mine, and vice versd. 

Rights and Duties of Miners. 

19. The forms of application for a grant for placer mining, and the 
grant of the same, shall be those contained in Forms H and I in the 
schedule hereto. 

20. The entry of every holder of a grant for pla<*er mining must be 
renewed and his receipt relinquished and replaced every year, the entry fee 
being paid each time. 

21. No miner shall receive a grant of more than one mining claim in 
the same locality, but the same miner may hold any number of claims by 
purchase, and any number of miners may unite to work their claims in 
common upon such terms as they may arrange, provided such agreement be 
registered with the agent, and a fee of live dollars paid for each rc^gistration . 

22. Any miner or miners may sell, mortgage, or dispose of his or their 
claims, provided such disposal be registered with, and a fee of two dollars 
paid to the agent, who shall thereupon give the assignee a certificate in 
Form J in the schedule hereto. 

23. Every miner shall, during the continuance of his grant, have the 
exclusive right of entry upon his own claim, for the miner-like working 
thereof, and the (construction of a residence thereon, and shall be entitled 
exclusively to all the proceeds realized therefrom ; but he shall have no 
surface rights therein ; and the superintendent of mines may grant to 
the holders of the adjacent claims such right of entry thereon as may be 
absolutely necessary for the working of their claims, u^wn such terms as 
may to him seem reasonable. 

24. Every miner shall be entitled to the use of so much of the water 
naturally flowing through or past his claim, and not already lawfully ap- 
propriated, as shall, in the opinion of the superintendent of mines, be 
necessary for the due working thereof ; and shall be entitled to drain his 
own claim free of charge. 

25. A claim shall be deemed to be abandoned and open to occupation 
and entry by any person when the same shall have remained un worked on 
working days by the grantee thereof for the space of seventy-two hours, 
unless sickness or other reasonable cause be shown, or unless the grantee 
is absent on leave. 

26. A claim granted under those regulations shall be continuously, 
and in good faith, worked, except as otherwise providt^d, by the grantees 
thereof or by some person on his behalf. 

27. In tunnelling under hills, on the frontage of which angli^s occur, 
or which may be of an oblong or elliptical ibrm, no party shall be allowed 
to tunnel from any of the said angles, or from either end of such hills, so as 
to interfere with parties tunnelling from the main frontage. 

28. T/unnels and shafts shall be considered as belonging to the claim 
for the use of which they are constructed, and as abandoned or forfeited by 
the abandonment or forfeiture of the claim itself. 

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29. For the more convenient working of back claims on benches or slopes, 
the superintendent of mines may permit the owners thereof to drive a 
tunnel through the claims fronting on any creek, ravine or watercourse, 
upon such terms as he may deem expedient. 

Adminii^tratiQn. 

30. In case of the death of any miner while entered as the holder of 
any mining claim, the provisions as to abandonment shall not apply either 
during his last illness or after his decease. 

81. The Minister of the Interior shall take possession of the mining 
property of the deceased, and may cause such mining property to be duly 
worked, or dispense therewith, at his option ; and he shall sell the property 
by private sale, or, after ten days' notice thereof, by public auction, upon 
«uch terms as he shall deem just, and out of the proceeds pay all costs and 
charges incurred thereby, and pay the balance, if any, to the legal repre- 
sentatives of the said deceased miner. 

32. The Minister of the Interior, or any person authorized by him, 
shall take charge of all the property of the deceased miners until the issue 
of letters of administration. 

III. — Bed-Rock Flumes. 

33. It shall be lawful for the Minister of the Interior, upon the appli- 
cation hereinafter mentioned, to grant to any bed-rock flume company, for 

. any term not exceeding five years, exclusive rights of way through and 
entry upon any mining ground for the purposes of constructing, laying 
and maintaining bed-rock flumes. 

34. Three or more persons may constitute themselves into a bed-rock 
flume company ; and every application by them for such grant shall state 
the names of the applicants and the nature and extent of the privileges 
sought to be acquired. Ten full days' notice thereof shall be given be- 
tween the months of June and November, and between the months of 
November and June one month's notice shall be given, by affixing the 
same to a post planted in some conspicuous part of the ground or to the face 
of the rock, and a (*opy thereof conspicuously upon the inner walls of the 
land office of the district. Prior to such application, the ground included, 
therein shall be marked out in the manner prescribed in sub-clause (/i) 
of clause four of these regulations. It shall be competent for any person 
to protest before the agent within the times hereinbefore prescribed for the 
notice of such application, but not afterwards, against such application 
being granted. Every application tor a grant shall be accompanied by at 
deposit of $100, which shall be returned if the application be refused, bixt 
not otherwise. 

35. Every such grant shall be in writing, in the Form K in the 
schedule hereto. 

36. The holders of claims through which the line of the cpmpauy^s 
flume is to run may put in a bed-rock flume in their claims to conneot 
with the company's flume, upon giving the company ten days* notice irx 
writing to that effect ; but they shall maintain the like grade, and builcL 

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their flnme as thoroughly, and of as strong materials, as that built by such 
company. 

37. Every bed-rock flume company shall lay at least fifty feot of flume 
during the first year and one hundred feet annually thereafter, until com- 
pletion of the flume. 

8. Any miners lawfully workini? any claims where a bed-rock Hume 
exists, shall be entitled to tail their sluices, hydraulics and oround sluices 
into such flume, but so as not to obstruct the free workina* t>f such Hume, 
by rocks, stones, boulders or otherwise. 

39. Upon a grant being made to any bed-rock flume company, the 
local agent shall register the same, and the company shall pay for such 
registration a fee of $10. They shall also pay, in advance, an annual rent 
of |10 for each quarter of a mile of risrht of way legally held by them. 

IV. — Dkainaoe of Mines. 

40. The Minister of the Interior may grant to any person or })erson8 
permission to run a drain or tunnel for drainage purpos<»s throuirh any 
oc^cupied mining land, and may give such persons exclusive rights of way 
through and entry upon any mining ground for any term not (exceeding 
five years, for the purpose of constructing a drain or drains for the 
drainage thereof 

41. The grantee shall compensate the owners of lands or holders of 
claims entered upon by him for any damage they may sustain by the con- 
struction of such tunnel or drain, and such compensation if not agreed 
upon shall be settled by the superintendent of mines and be paid before 
such drain or tunnel is constructed. 

42. Such drain or tunnel, when constructed, shall be deemed to be the 
property of the person or persons by whom it shall have bo<^n so con- 
structed. 

43. Every application for a grant shall state the names of the appli- 
cants, the nature and extent of the proposed drain or drains, the amount 
of toll (if any) to be charged, and the privileges sought to be acquired, 
and shall, sare where the drain is intended only for the drainage of the 
claim of the person constructing the same, be accompanied by a deposit 
of $25, which shall be refunded in case the application is refused, but 
not otherwise. Notice of the application shall be ^ivcn and protests 
'uay be made in the same manner as provided in regard to bod-rock 

lumes. 

44. The grant of the right of way to construct drains or tunnels shall 
•e made in the Form L in the schedule hereto. The grant shall bo 
egistered by the grantee in the oflice of the agent, to whom he shall at 
he time pay a registration fee of $5, or, if the grant lyives power to col- 
ect tolls, a fee of $10. An annual rent of $10 shall be paid, in advance, 
>y the said grantee for each quarter of a mile of right of way legally held 
>y him, save where the drain shall be for the purpose of draining only the 
^laim of the person constructing the same. ^ , 

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V. — Ditches. 

45. The Minister of the Interior may, upon application hereinafter 
mentioned, grant to any person or persons, for any term not exceeding five 
years, or in spec-ial cases for such length of time as he may determine, the 
right to divert and use the water from any stream or lake, at any particular 
part thereof, and the right of way through and entry upon any mining 
ground, for the purpose of constructing ditches and flumes to convey such 
water ; provided always, that every such grant shall be deemed as appur- 
tenant to the mining claim in respect of which it has been obtained, or is 
required in connection with reduction works, sampling works, stamp 
mills, concentrating works, or other works connected with mining oper- 
ations, and, whenever the claim shall have been worked out or abandoned, 
or whenever the occasion for the use of such water upon the claim or in 
connection with such works shall have permant»ntly ceased, the grant 
shall cease and determine. 

4(). Twenty days' notii^e of the application shall be given, in acc^ord- 
ance with Form M in the schedule to these regulations, by affixing the 
same to a post planted in some conspicuous part of the ground, and a 
copy thereof conspicuously posted upon the inner walls ol the land office 
for the district, and any person may protest within such twenty days, but 
]iot afterwards, against such api)li<*ation being wholly or partially 
grant^^d. 

47. Every ap])lication for a grant of water exceeding 200 inches shall 
^ be accompanied by a deposit of $25, which shall be refunded in case the 

application is refused, but not otherwise. 

48. Every such application shall state the names of the applicants, 
the name or description of the stream or lake to be diverted, the quantity 
of water to be taken, the locality for its distribution, the price (if any) to 
be charged for the use of such water, and the time necessary for the cona- 
pletion of the diti^h. The grant shall be in the Form N in the schedule 
hereto. 

49. Every grant of a water privilee:^> on occupied creeks shall be sub- 
ject to the rights of such miners as shall, at the time of such grant, be 
working on the stream above or below the ditch head, and of any other 
persons lawfully using such water for any purpose whatsoever. 

50. If, after the grant has been made, any miner or miners locate and 
Iwnd fide work any mining claim below the ditch head, on any stream so 
diverted, he or they collectively shall be entitled to 40 inches of water if 
200 inches be diverted, and 60 inches if 300 inches be diverted, and no 
more, except upon paying to the owner of the ditch, and all other persons 
interi^sted therein, compensation equal to the amount of damage sustained 
by the diversion of such extra quantity of water as may be required ; and, 
in i'omputing such damage, the loss sustained by any claims using water 
therefrom, and all other reasonable losses, shall be considered. 

61. No person shall be entitled to a grant of the water of any streanx 
for the purpose of selling the water to present or future claim holders oiv 
any part of such stream. The Minister of the Interior may, however, grant 
such privileges as he may deem just, when such ditch is intended to worlc 

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bench or hill claims fronting on any such stream, provided tliat the rights 
of miners then using the water so applied for be protected. 

62. The Minister of the Interior may, on the report of the superintendent 
of m.ines that such a?tion is desirable, order the enlargement or alteration 
of any ditch, and fix the compensation (if any) to be paid by parties to bo 
benefitted thereby 

63. Every ov^Uer of a ditch or water privilege shall take all reasonable 
means for utilizing the water granted to him ; and, if he wilfully take and 
waste any unreasonable quantity of water, the Minister may, if such offence 
be persisted in, declare all rights to the water forfeited. 

54. The owner of any ditch or water privilege may distribute the water 
to such persons and on such terms as he may deem advisable, within the 
limits mentioned in this grant ; provided always, that such owner shall be 
bound to supply water to all miners who make application therefor in a 
fair proportion, and shall not demand more from one person than from 
another, except where the difficulty of supply is enhanced. 

55. Any person desiring to bridge any stream, claim or other place, for 
any purpose, or to mine under or through any ditch or Hume, or to carry 
water through or over any land already occupied, may, in proper cases, do 
so with the written sanction of the superintendent of mines. In all such 
cases the right of the party first in possession shall prevail, so as to entitle 
him to compensation if the same be just. 

66. In measuring water in any dit<5h or sluice, the following rules 
shall be observed : The water taken into a ditch or sluice shall be measured 
at the ditch or sluice head : no water shall be taken into a ditch or sluice 
except in a trough placed horizontally at the place at which the water 
enters it, and which trough shall be extended two feet beyond the orifice 
for the discharge of the water : one in(;h of water shall mean the quantity 
that will pass through a rectangular orifice two inches high by half an inch 
wide, with a constant head of seven inches above the upper side of the 
orifice. 

57. Whenever it shall be intended, in forming or upholding any ditch, 
to enter upon and occupy any part of an entered claim, or to dig or loosen 
any earth or rock, within four feet of any ditch not belonging solely to the 
registered owner of such claim, three days' notice, in writing, of such in- 
tention shall be given, before entering or approaching within four feet of 
such other property 

68. Any person engaged in the construction of any road or work may, 
with the sanction of the Minister of the Interior, cross, divert or otherwise 
interfere with any ditch, water privilege or other mining rights whatso 
ever, for such period as the Minister shall approve. 

59. The Minister shall order what compensation for every such dam- 
age or interference shall be paid, and when, and to whom, and whether 
any and what works, damaged or affected by such interference as aforesaid, 
shall be replaced by flumes or otherwise repaired by the person or per.sons 
inflicting any such damage. 

60. The owners of any ditch, water privilege, or mining right, shall, 
at their own expense, construct, secure, and maintain, all culverts, neces- 



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sary for the passage of waste and superfluous water Rowing through or 
over any 8U( h ditch, water privilege or right. 

61. The owners of any ditch or water privilege shall construct and 
secure the same in a proper and substantial manner, and maintain the 
same in good repair to the satisfaction of the superintendent of mines, 
and Ko that no damage shall occur to any road or work in its vicinity from 
any part of the works of such ditch, water privilege, or right. 

62. The owners of any ditch, water privilege or right, shall be liable, 
and shall make good, in such manner as the superintendent of mines shall 
determine, all damages which may be occasioned by or through any part 
of the works of such ditch, water privilege or right, breaking or being 
imperfect. 

63. Nothing herein contained shall be construed to limit the right of 
the Lieutenant Grovernor of the North West Territories in Council, or of 
the proper authority in any Province containing Dominion lands to lay 
out, from time to time, public roads across, through, along, or under any 
ditch, water privilege or mining right, without compensation. 

VI. — CrENERiL Provisions. 
Interpretation. 

64 In these regulations the following expressions shall have the fol- 
lowing meanings respectively, unless inconsistent with the context : — 

*' Minister" shall mean the Minister of the Interior. 

*' Agent" or " local agent " shall mean the agent of Dominion lands 
for the district, or other officer appointed by the Government for the par- 
ticular purpose referred to. 

" Mineral " shall include all minerals whatsoever other than coal. 

" Close season " shall mean the period of the year during which placer 
mining is generally suspended. 

'* Miner" shall mean a person holding a mining location or a grant for 
plax^er mining. 

'' Claim " shall mean the personal right of property in a placer mine 
or diggings during the time for which the grant of such mine or diggings 
is made. 

" Claimant " shall mean a person who has obtained an entry for a 
mining location with a view to patent. 

'* Bar diggings" shall mean a mine over which a river extends when 
in its ilooded state. 

*' Dry diggings " shall mean any mine over which a river never extends. 

The mines on benches shall be known as ** bench diggings," and shall, 
for the purpose of defining the size of such claims, be excepted from ** dry 
diggings." 

'' Streams and ravines '' shall include water-courses whether usually 
containing water or not, and all rivers, creeks and gulches. 

"Ditch" shall include a flume or race, or other artificial means for 
conducting water by its own weight, to be used for mining purposes. 



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** Ditch head " shall mean the point in a natural water-course or lake 
where water is first taken into a ditch. 

" Placer mining " shall mean the working of all forms of deposits^ 
excepting veins of quartz or other rock in place. 

" Quartz mining" shall mean the working of veins of quartz or other 
rock in place. 

*' Location'' shall mean the land entered by, or patented to, any person 
for the purpose of quartz mining. 

Hearing and Decision of Disputes, 

65. The superintendent of mines shall have power to hear and deter- 
mine all disputes in regard to mining property arising within his district, 
subject to appeal by either of the parties to the Commissioner of Dominion 
Lands. 

66. No particular forms of procedure shall be necessary, but the matter 
complained of must be properly expressed in writing, and a copy of the 
complaint shall be served on the opposite party not less than seven days 
before the hearing of the said complaint. 

67. The complaint may, by leave of the superintendent of mines, be 
amended at any time before or during the proceedings. 

68. The complainant shall, at the time of filing his complaint, deposit 
therewith a bond fee of $20, which shall be returned to him if the com- 
plaint proves to have been well founded, and not otherwise, except for 
special cause, by direction of the Minister of the Interior. 

69. In the event of the decision of the superintendent of mines being 
made the subject of an appeal to the Commissioner of Dominion Lands, the 
appellant shall, at the time of lodging the appeal, deposit with the agent 
a bond fee of $20, which shall be returned to the said appellant if his 
appeal proves to have been well-founded, and not otherwise, except for 
special cause by direction of the Minister of the Interior. 

70. The appeal must be in writing and must be lodged with the 
superintendent of mines not more than three days after his decision has 
been communicated in writing to all the parties interested, and must state 
the grounds upon which the said decision is appealed from. 

71. If the Commissioner of Dominion Lands decides that it is necessary 
to a proper decision of the matter in issue to have an investigation on the 
ground, or, in case of disputed boundaries or measurements, to employ a 
surveyor to measure or survey the land in question, the expense of the in- 
spection or re-measurement or re-survey, as the case may be, shall be borne 
by the litigants, who shall pay into the hands of the said commissioner, in 

Sial parts, such sum as he may think sufficient for the same, before it 
ea place ; otherwise it shall not proceed, and the party who refuses to 
pay such sum shall be adjudged in default. The said commissioner shall 
subsequently decide in what proportion the said expenses should be borne 
by the parties resi)ectively, and the surplusage, if any, shall then be returned 
to parties as he may order. 

72. All bond-fees adjudged as forfeited and all payments retained 
mider the last preceding section, shall, as soon as decision has been 
rendered, and all entry and other fees or moneys shall, as soon as they 

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hare been received by him, be paid by the said ageul or commissioner to 
the credit of the Receiver-General in the same manner as other moneys 
received by him on account of Dominion lands. 

Leave of Absence. 

73. The agent in each district shall, under instructions from the 
Minister of the Interior, declare the close season in his distri<;t. 

74. Each holder of a mining location or of a grant for placer mining 
shall be entitled to be absent from his mining location or diggings and to 
suspend work thereon during the close season. 

75. The agent shall have power to grant leave of absence to the holder 
of a mining location or grant for placer mining pending the decision of 
any dispute in which he is concerned under these regulations. 

76. In cases where water is necessary to the continuance of mining 
operations, and the supply of water is insufficient, the superintendent of 
mines shall have power to grant leave of absence to the holder of the grant 
during such insufficiency, but no longer, except by permission of the 
Minister of the Interior. 

77. Any miner or miners shall be entitled to leave of absence for one 
year from his or their diggings, upon proving to the satisfaction of the 
superintendent of mines that he or they has or have expended on such 
diggings, in cash, labor or machinery, an amount of not less than |200 on 
each of such diggings without any return of gold or other minerals in 
reasonable quantities for such expenditure. 

78. The time reasonably occupied by the locator of a claim in going* 
to, and returning from, the office of the agent or superintendent of mines 
to enter his claim, or for other purposes prescribed by these regulations, 
shall not be counted against him, but he shall, in such cases, be deemed 
to be absent on leave. 

Miscellaneous, 

79. The Minister of the Interior shall, from time to time, a^ he may 
think fit, declare the boundaries of mineral and mining districts, and shall 
cause a description of the same to be published in the Canada Gazette, 

80. The Minister of the Interior may direct mineral and mining* 
locations to be laid out within such districts wherever, from report of the 
director of the Geological Survey, or from other information, he has reason 
to believe there are mineral deposits of economic value, and may sell the 
same to applicants therefor, who, in his opinion, are able and intend in 

ffood faith to work the same ; or he may, from time to time, cause the said 
ocations to be sold by public auction or tender. Such sales shall be for 
cash, and at prices in no case lower than those prescribed for locations sold 
to original discoverers, and shall otherwise be subject to all the provisions 
of th(^se regulations. 

81. The Minister of the Interior may grant to any person or persons 
who have a mining location and are actively developing the same, an 
additional location adjacent to and not exceeding it in area, provided the 

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person or persons holdin<r snch location shall show to the satisfactioa of 
the Minister of the Interior that the vein or lode being developed on the 
location will probably extend outside of either of the vertical lines form- 
ing the side boundaries of the location before it has reached the depth at 
which it cannot be profitably mined. 

82. Persons desirous of obtaining quarries for stone on vacant Domi- 
nion lands may do so under these regulations ; but the Minister of the 
Interior may require the payment of a royalty not exceeding five per 
cent, on account of the sales of the product of such quarries, or the land 
may be sold not subject to su(!h royalty at such price as may be deter- 
mined. 

83. Returns shall be made by the grantee, sworn to by him, or by his 
agent or other employe in charge of the mine, at monthly or other such 
intervals as may be required by the Minister of the Interior, of all pro- 
ducts of his mining location and of the price or amount he received for 
the same. 

84. The Minister of the Interior shall have the power to summarily 
order any mining works to be so carried on as not to interfere with or 
endanger the safety of the public, any public work or highway, or any 
mining property, mineral lands, mining claims, bed-rock drains or flumes ; 
and any abandoned works may, by his order, be either filled up or guarded 
to his satisfaction, at the cost of the parties who may have constructed 
the same, or in their absence upon such terms as he shall think fit. 

85. The superintendent of mines, acting under instructions to be 
from time to time issued by the Minister of the Interior, shall cause to be 
laid out, at the expense of the person or persons applying for the same, a 
«pace of ground for deposits of leavings and deads from any tunnel, claim 
or mining ground. 

Forfeiture. 

86. In the event of the breach of these regulations, or any of them, 
by any person holding a grant for quartz or placer mining from the Crown 
other than Crown patents, or from the Minister of the Interior, or from 
any duly authorized officer of Dominion lands, such right or grant shall 
be absolutely forfeited ipso facto, and the person so offending shall be in- 
capable thereafter of acquiring any such right or grant, unless for special 
cause it is otherwise decided by the Minister of the Interior. 



SCHEDULE TO MINING REGULATIONS 

Form A. — Application and Affidavit of Discoverer of Quartz Mink. 

I {or we) (A.B.) of hereby apply 

under the Indian Lands Mining Regulations, for a mining location in 

(here give general description of locality) 
for the purpose of mining for 
{here name the metal or mineral) 
and I {or we) hereby solemnly swear : — 

vol. I-'-J 

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1. That I (or we) have discovered therein a deposit of 

(here name the metal or mineral). 

2. That I (or we) am (or are) to the best of my (or our) knowledge and 
1>elief, the first discoverer of the said deposit. 

3. That I (or we) am (or are) unaware that the land is other than vacant 
Dominion laud. 

4. That I (or we) did, on the day of 

mark out on the ground, in accordance in every particular with the 

{>rovisions of sub-clause (a) of clause 4 of the said mining regulations, the 
ocation for which I (or we) make this application, and that in so doing I 
(or we) did not encroach on any mining location previously laid out by 
any other person. 

5. That the said mining location contains, as nearly as I (or we) could 
measure or estimate, an area of acres, and that the 
description (and sketch, if any), of this date hereto attached, signed by me 
{or us), set forth in detail to the best of my (or our) knowledge and ability 
its pKDsition, form and dimensions. 

6. That I (or we) make this application in good faith to acquire the 
land for the sole purpose of mining to be prosecuted by myself (or us^ 
or by myself and associates, or by my (or our) assigns. 

Sworn before me at ) 

this day of > (Signature.) 

18 . ) 

Note. — In ease of abandoned ground it may be necessary to omit 
No. 2. 



Form B.— Receipt for Fee Paid by Applicant for Mining Location- 

No 

Department of the Interior, 

Dominion Lands Office, 

Agency, 18 . 

Received from (A.B.) of 

five dollars, being the fee required by sub-section 6, of clause four of the 
Dominion Mining Eegulations, accompanying his (or their) application 
No. , dated 18 , for a mining location in 

{inner t general description of locality). 

This receipt authorizes the said (A.B.) his (or their) legal 

representatives or assigns, to enter into possession of the said mining loca- 
tion, and, subject to the payment of a fee of five dollars and the renewal 
of this form of receipt on or before the beginning of each year, during- the 
term of five years from this date, to take therefrom and dispose of any 
mineral deposit contained within its boundaries, and, on due compliance 
at any time within that period with the several requirements in that behalf 
of the said mining regulations, entitles him or them to purchase the said 
location which, provisionally, and until survey thereof, may be known 
and described as follows : (insert description in detail). 



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Interior. 



if the Baid (A.B.) or his (or their) legal representatives or 

assigns, fail to comply, as aforesaid, with the conditions that would entitle 
him or them to purchase within five years from this date, or, having so 
complied, do not within that time make payment in full for the land, and 
also pay the sum of fifty dollars prescribed in the said regulations for the 
survey of the location, then the right to purchase shall lapse and the min- 
ing location shall revert to the Crown, to be otherwise disposed of as may 
be directed by the Minister of the Interior. 

Agent of Dominion Lands 



Form C. — Receipt for annual fee for renewal of ix)Cation 

certificate. 



No. 



Department of the Interior, 

Dominion Lands Office, 

Agency , 18 

Received from (A.B.) of , five dollars, being 

the fee required by sub-sec. (c) sec. four of the Dominion Mining Regula- 
tions, accompanying his (or their) application No. , dated 18 » 
resi)ecting the mining location described as follows : (insert description in 
detail) for which he (or they) obtained entry No. on the 18 

From evidence furnished in support of the said application No. 
it would appear that (A.B ) his (or their) legal representatives 

or assigns, are entitled to continue in i)osse8sion of the said mining location, 
and during the term of year from the 18 , to take there- 

from or dispose of any mineral deposit contained within its boundaries, 
and, on due compliance at any time within that period with the several 
requirements in that behalf of the said mining regulations, to purchase 
the said location which, provisionally, and until survey thereof, may be 
known and described as above. 

If the said (A.B.) or his (or their) legal representatives or as- 

signs, fail to comply, as aforesaid, with the conditions that would entitle 
him or them to purchase within year from this date, or having so 
complied, do not within that time make payment in full for the land, and 
also pay the sum of fifty dollars prescribed in the said regulations for the 
survey of the location, then the right to purchase shall lapse, and the 
mining location shall revert to the Crown, to bo otherwise disposed of as 
may be directed by the Minister of the Interior. 

Agent of Dominion Lan<h, 



VOL.1— J J 

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cxlviii ORDERS IN COUNCIL, &c. 



Interior. 



Form D. — Certificate in cases of partnership that annual expen- 
diture MAY FOR FIRST TWO YEARS AFTER RECORDING CLAIMS BB MADE 
ON ANY ONE OF THE CLAIMS AFFECTED BY SUCH PARTNERSHIP. 



No. 



Department of the Interior, 

Dominion Lands Office. 

Agency, 18 . 

This is to certify that in accordance with the provisions of nub-clause 
{d) of clause four of the Dominion Mining Kegulations (A.B.) of 
who obtained entry No. for the mining location described as follows : 

on the day of 18 , and (CD.) 

of who obtained entry No for the mining 

location described as follows : 

on the day of 18 , and (E.F.) 

of ^ who obtained entry No for the mining 

location described as follows : 

on the day of 18 , and (G.H.) 

of who obtained entry No for the mining 

location described as follows : 

on the day of 18 , having complied 

with the conditions required by said sub-clause {d) in so far that they have 
filed a certificate of a partnership entered into at at dated 

the day of 18 , and all their claims having been entered 

within three months of each other, and numbered in this office as No. 
{or if incorporated have filed the documents required) may make within 
one year from this date the annual expenditure required by each on any 
one of the mining locations aforementioned, amounting to dollars, 

this being the amount under said regulations required to be expended 
within the first and second years after said claims were located. 

Agent of Dominion Lands. 



Form E. — Receipt to be given for fee paid in case of partnership. 

Department of the interior, 

Dominion Lands Office, 

Agency, 18 , 

Received from (A B.) of five dollars being the fee re- 

quired by sub-clause (rf) of clause 4, of the Dominion mining regulations 
accompanyiufj^ his (or their) application No. dated 18 , respecting 

the mining location described as follows : {insert description in detail) for 
which he {or they) obtained entry No. , on the day of 18 . . 

From evidence furnished by the said application No. it would 

appear that (A.B.) his (or their) legal representatives or assigns 

are entitled to continue in possession of the said mining location, and, 
during the term of year from the 18 , to take there- 

from and dispose of any mineral deposit contained within its boundaries, 

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ORDERS IN COUNCIL, &c. cilix 



Interior, 



and, on due compliance* at any time within that period with the several 
requirements in that behalf of the said mining regulations, are entitled 
to purchase the said location which, provisionally and until survey there- 
of, may be known and described as above. 

If the said ( A.B.) or his (or their) legal representatives 

or assigns, fail to comply, as aforesaid, with the conditions that would en- 
title him or them to purchase within year from this date, or, having 
so complied, do not within that time make payment in full for the land, 
and also pay the sum of fifty dollars prescribed in the said regulations for 
the survey of the location, then the right to purchase shall lapse, and 
the mining location shall revert to the Crown, to be otherwise disposed of 
as may be directed by the Minister ol the Interior. 

The said (A.B.) and the foregoing mining location are 

those recited in No. Form D, dated at , the day 

of , 18 . 

Agent of Dominion Lands. 



Form F. - Patent ot a Mining Location. 

ViciOHiA, by the Grace of God, of the United Kingdom of Great Britain 
and Ireland, Queen, Defender of the Faith — ^To all to whom these 
presents shall come, Greeting : 

Know ye that we do by these presents, for us, our heirs and successors, 
in consideration of (the fulfilment of the Dominion mining regula- 
tions of our Dominion of Canada) give and grant unto 
heirs and assigns, all that parcel or lot of land situate 
and numbered on the oflicial plan of survey of the said 

to have and to hold the said parcel of land, and all minerals, precious and 
base, which may be found therein, unto the said heirs and 

assigns forever ; 

Provided that it shall, at all times, be lawful for us, our heirs and suc- 
cessors, or any person by our authority, to resume any portion (not ex- 
ceeding one-twentieth part) of the said lands for making roads, canals, 
bridges, towing paths, or other works of public utility or convenience, 
but no such resumption shall be made of land on which any permanent 
buildings may have been erected, without compensation ; 

Provided also, that it shall be lawful for any person duly authorized 
by us, our heirs and successors, to take and occupy such water privileges, 
and to have and enjoy such right of carrying water over, through or 
under any parts of the hereditaments hereby granted as may be reason- 
ably required for agricultural or other purposes in the viriuity of the said 
land, upon paying therefor a reasonable compensation to the aforesaid 
heirs and assigns. 



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Interior, 



Form &.— Certificate of the Assignment of a Mining IjOCation. 

No 

Department of the Interior, 

Dominion Lands Office, 

Agency, 18 . 

This is to certify that (B.C.) of has (or have) filed an assignment in 

due form, dated 18 , and accompanied by a registration fee 

of two ddllars, of the right of (A.B.) of to purchase the 

mining location in {here insert grneral description of locality) ap- 

plied for by the said (A.B.) on the 18 

This certificate entitles the said (B C), or his (or their) legal represen- 
tatives or assigns, to all the rights and privileges of the said (A.B.), in respect 
of the claim assigned and hereinafter described ; that is to say, to enter into 
possession of the said mining location, and during the term of year 
from the date of the receipt No. , granted to the said (A.B.), dated the 
day of 18 , to take therefrom and dispose of 

any mineral deposit contained within its boundaries, and on due com- 
pliance at any time within that period with the several requirements in 
that behalf of the Dominion mining regulations, entitles him or them to pur- 
chase the said location, which, provisionally, and until survey thereof, 
•may be known and described as follows : — (Insert description in detail). 

If the said (B.C.), or his (or their) legal representatives or assigns, fail 
to comply as aforesaid with the conditions that would entitle him (or them) 
. to purchase within one year of the date of the receipt granted to (A.B.), and 
now deposited with me, or having so complied, do not within that time make 
payment in full for the land, and also pay the sum of fifty dollars pre- 
scribed in the said regulations for the survey of the location, then the 
right to purchase shall lapse, and the mining location shall revert to the 
Crown, to be otherwise disposed of as may be directed by the Minister 
of the Interior. 



Agent of Dominion Lands 



A-. 



Form H. — Application for grant for Placer Mining and Affidavit 

OF Applicant. 

I (or we) of , hereby apply, under the Dominion 

mining regulations, for a grant of a claim for placer mining, as defined 
in the said regulations, in 

(here describe locaJitt/} 
end I (or we) solemnly swear : 

1. That I (or we) have discovered therein a deposit of (here name the 
metal or mineral). 

2. That I (or we) am (or are) to the best of my (or omt) knowledge and 
belief, the first discoverer of the said deposits ; or — 

(2. That the said claim was previously granted to (here name the last 
grantee), but has remained unworked by the said grantee for not less 
than • " ^. .. ^ ' 

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Interior. 



3. That I {or we) am (or are) unaware that the land is other than 
vacant Dominion land. 

4. That 1 {or we) did, on the day of , mark 
out on the ground, in accordance, in every particular, with the provisions 
of sub-section e of clause eighteen of the said mining regulations, the claim 
for which I (or we) make this application, and that in so doing I (or we) 
did not encroach on any other claim or mining location previously laid 
out by any other person. 

5 That the said claim contains, as nearly as I (or we) could measure 
or estimate, an area of 

square feet, and that the description (and sketch, if any) of this date hereto 
attached, signed by me (or us), set forth in detail, to the best of my (or 
our) knowledge and ability, its position, form and dimensions. 

6. That I (or we) make this application in good faith to acquire the 
claim for the sole purpose of mining to be prosecuted by myself (or us), or 
by myself and associates, or by my (or our) assigns. 

Sworn before me at , ) 

this day of , > (Signature.) 

18 S 



Form I.— Grant for Placer Mining. 
No 

DEP.4BTMENT OF THE INTERIOR, 

Dominion Lands Office, 
Agency, 18 . 

In consideration of the payment of five dollars, being the fee required 
by the provisions of the Dominion mining regulations, clauses four 
and twenty, by (A.B.), of accompanying his 

(or their) application No. , dated 18 , for a mining 

claim in {here insert description of locality) 

The Minister of the Interior hereby grants to the said 

( A.B.) , for the term of one year from the date hereof, 

the exclusive right of entry upon the claim (here describe 

in detail the claim granted) for the miner-like working 

thereof and the construction of a residence thereon, and the exclusive right 
to all the proceeds realized therefrom. 

The said (A. B.) shall be entitled to the use of so 

much of the water naturally flowing through or past his claim, and 
notabeady lawfully appropriated, as shall be necessary for the due work- 
ing thereof, and to drain his claim free of charge. 

This grant does not convey to the said (A. B.) any 

surface rights in the said claim, or any right of ownership in the soil 

covered by the said claim ; and the said grant shall lapse and be forfeited 

iiuless the claim is continuously and in good faith worked hj the said 

(A. B.) or his associates. Digitized byGoOglc 



olii ORDERS IN COUNCIL, &c. 



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The rights hereby granted are those laid down in the aforesaid min- 
ing regulations, and no more, and are subject to all the provisions of the 
said regulations, whether the same are expressed herein or not. 

Agent of Dominion Lands, 



Form J. — Certificate of the Assignment of a Placer Mining Claim. 
No 

Department of the Interior, 

Dominion Lands Office, 

Agency, 18 

This is to certify that (B. C.) of , has filed 

an assignment in due form, dated 18 , and accompanied 

by a registration fee of two dollars, of the grant to (A. B.) 

of of the right to mine in {insert description of claim) 

for one year from the , 18 

This certificate entitles the said (B.C ) to all the rights 

and privileges of the said (A.B.) in respect of the claim 

assigned, that is to say, to the exclusive right of entry upon the said claim 
for the miner-like working thereof, and the construction of a residence 
thereon, and the exclusive right to all the proceeds realized therefrom, for the 
remaining portion of the year lor which the said claim was granted to the 
said (A.B.) , that is to say, until the day of 

, 18 . 

The said (B.C.) shall be entitled to the use of so much 

of the water naturally flowing through or past his claim and not already 
lawfully appropriated as shall be necessary for the due working thereofr 
and to drain his claim free of charge. 

This grant does not convey to the said (B.C.) any sur- 

face rights in the said claim, or any right of ownership in the soil covered 
by the said claim ; and the said grant shall lapse and be forfeited unless 
the claim is continuously and in good faith worked by the said 
(B.C.) or his associates. 

The rights hereby granted are those laid down in the Dominion min- 
ing regulations, and no more, and are subject to all the provisions of the 
said regulations, whether the same are expressed herein or not. 

Agent of Dominion Lands. 



Form K —Grant to a Bed-Eock Flume Company. 
No 

Department of the Interior, 

Dominion Lands Office, 

Agency, 18 . 

In consideration of the payment of a deposit of one hundred dollars, 
required by clause thirty-ibur of Dominion mining respulations to be 

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ORDERS IN COUNCIL, &c. diii 

» 

Interior, 

made with the application of a Bed-Rock Flume Company, and of the 
further sum of ten dollars, being the fee for registration of this grant 
required by clause thirty-nine of the said regulations. 

The Minister of the Interior hereby grants to (names of members of 
company) forming together a Bed-Kock Flume Company [known as the 
(title of company) ], the following rights and privileges^ 

that is to say : — 

(a.) The rights of way through and entry upon any new and un- 
worked river, creek, ^ulch or ravine, and the exclusive right to locate and 
VFork a strip of ground one hundred feet wide and two hundred feet long 
in the bed thereof to each individual of the company ; 

(b.) The rights of way through and entry upon any river, creek, gulch 
or ravine worked by miners for any period longer than two years prior ta 
such entry, and already wholly or partially abandoned, and the exclusive 
right to stake out and work both the unworked and abandoned portions 
thereof, one hundred feet in width, and one quarter of a mile in length for 
each individual of the company ; 

(c.) The rights of way through and entry upon all claims, which at 
the time of the notice of application, are in good faith being worked, for 
the purpose of cutting a channel and laying their flume therein, with such 
reasonable space for constructing, maintaining and repairing the flume as 
may be necessary ; 

(d) The use of so much of the unappropriated water of the stream on 
which they may be located, and of other adjacent streams, as may be- 
necessary for the use of their flumes, hydraulic power, and machinery ta 
carry on their operations and the right of way for ditches and flumes to 
convey the necessary water to their works, subject to the payment of any 
damage which may be done to other parties by running such ditch or 
flume through or over their ground ; 

Provided, that the rights herein granted shall apply only to such 
claims and streams as are here specified : (insert description 

of claims and streams) and such other claims and streams as- 

may after due notice and application, be subsequently added to the above 
list by the Minister of the Interior, under the hand of the local agent ; 

Provided also, that the said company shall pay to the local agent, in 
advance, an annual rent of ten dollars for each quarter of a mile of right 
of way legally held by them ; 

Provided, further, that this grant is subject to all the provisions of the 
Dominion mining regulations in that behalf, whether the same are ex- 
pressed herein or not. 

This grant shall cease and determine at the expiration of 
years from the date hereof. 

Agent of Dominion Lands. 



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cliv ORDERS IN COUNCIL, &c. 



Interior. 

Form L.— &rant for Drainage. 

No 

Department of the Interior, 

Dominion Lands Office, 

Agency, , 18 . 

In consideration of the payment of a deposit of twenty-five dollars 
required by clause forty three of the Dominion Mining Regulations to 
be made with the application for a grant of right of way to construct drains, 
And of the further sum of dollars, being the fee for the regis- 

tration of this grant required by clause forty-four of the said regulations : 

The Minister of the Interior hereby grants to 
{name or names of grantee or graniees) the right to run a drain 

or tunnel for drainage purposes through the occupied mining lands here 
specified (here describe mining lanrts) and further, 

for a term of from the date hereof, exclusive rights of way 

through and entry upon the following mining grounds : {here 

inserl description) for the purpose of constructing a drain or 

drains for the drainage thereof; and the right to charge the following tolls 
for the use thereof: (insert tariff of tolls) ; 

Provided, that the grantee (or grantees) shall construct such drain or 
drains of sufficient size to meet all requirements within from the date 

hereof, and keep the same in thorough working order and repair, and free 
from ull obstructions ; and shall, within a reasonable time, construct proper 
tap drains from or into any adjacent claims, upon being requested by the 
owners thereof, and in default thereof shall permit such parties to make 
them themselves, in which case such parties shall only be chargeable -with 
one-half the rates of drainage toll herein authorized ; 

Provided, also, that the said grantee (or grantees) shall compensate the 
owners of lands or holders of claims entered upon by for any 

damage they may sustain by the construction of such tunnel or drain ; 

Provided, further, that the said grantee (or grantees) shall pay to the 
local agent, in advance, an annual rent of ten dollars for each quarter 
of a mile of right of way legally held by ; 

l^rovided, further, that this grant is subject to all the provisions of 
the Dominion mining regulations in that bahalf, whether the same 
are expressed herein or not. 

Agent oj Dominion Lands. 



FoKM M.— Notice of application to use and divert water. 

Notice is hereby given, in pursuance of the provisions of the Dorainiou 
mining regulations, that I (or we) at the 

expiration of twenty days from the date thereof, intend to apply to the 
Minister of the Interior of Canada, for authority to take, carry away, and 
divert to my (or our) mining claim or from its natural 

channel, inches of the unentered and unappropriated water of 



ORDERS IN COUNCIL, &c. clr 



Interior. 



the {stream or lake) known as for purposes, 

during the term of years from the date of entry, with the 

object qf Such diversion will be 

made at a point situate on the end or side of the said (stream 

or lake), marked on the ground by a conspicuous post; and it is intended 
that such water shall be carried in and through a (ditch, or flume, or both), 
in a direction over the lands of 

as indicated by like conspicuous posts planted about every quarter of a 
mile along the proposed location of the (ditch, or flume, or both). 

(Sijifned) 

Post Offi(^e Address. 
Dated the day of , 18 . 



Form N. — Notice of Right to Divert Watkr and Const kttct Ditches. 

No 

Department of the Interior, 

Dominion Lands Office, 

Agency, 18 

In consideration of the payment of a deposit of twenty-five dollars, 
required by clause forty-seven of the Dominion mining regulations to be 
made with the application for the right to divert water and construct 
ditches, 

The Minister of the Interior hereby grants to ( A.B.) 

, for the term of years from the date hereof, the 

right to divert and use the water from (specify stream or lake) 

to the extent of inches, and no more, to be distributed as 

follows: — (describe locality ofd'Stribution) together with 

the right to charge the following rates for the use of the said water : — 

(insert rates to be charged) and the rights of way through and 

entry upon the following mining grounds (insert description) 

for the purpose of constructing ditches and flumes to convey 

such water, provided such ditches and flumes are constructed and in 

working order within from the date hereof ; 

Provided that this grant shall be deemed to be appurtenant to mining 
claim No. , and shall cease and determine whenever the said claim 

shall have been worked out or abandoned, or the occasion for the use of 
such water upon the said claim shall have permanently ceased. 

Provided, also, that this grant is subject to all the provisions of the 
Dominion mining regulations in that behalf, whether the same are 
expressed herein or not. 

Agent of Dominion Lands, 
Vide Canada Gazette, Vol. XXI, p. 792. 



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Justice. 
Justice, 



By an Order in Council bearing dale Saturday, 23rd day of July, 1887, 
under the authority of Chapter 113 of the Revised Statutes of Canada 
" The Naturalization Act," the regulations made under the authority of 
*' The Naturalization Act, Canada, 1881," approved by His Excellency the 
Governor G-eneral in Council on the 19th day of December, 1888, were 
amended as follows : — 

Firstly. That the words " Naturalization Act " be substituted for the 
words ** The Naturalization Act, Canada, 1881," wherever the latter words 
occur in such regulations. 

Secondly. That the second paragraph of the regulations be rescinded 
and the following be substituted therefor : — 

" (2.) In the North-West Territories the certificate mentioned in the 
twelfth section of "The Naturalization Act," shall be .presented to a judge 
of the Supreme Court of the North- West Territories, who shall take such 
measures to satisfy himself that the facts stated in the certificate are true 
as shall in each case appear to him to be necessarv* and when satisfied 
that the facts stated in the certificate are true, he snail grant to the alien 
a certificate of naturalization authenticated under his hand and the seal 
of the court. 

Each judge of the Supreme Court shall cause to be kept by the clerk 
of the court a record of the certificates presented to and filed with him. 

Also a record of all certificates of naturalization granted by him, of 
which such judge or clerk is hereby authorized at any time to give a 
certified copy. 

The oaths mentioned in sections 41 and 42 of" The Naturalization Act " 
shall, if the person taking them resides in the North- West Territories, be 
fi^ed of record with a clerk of the Supreme Court of the North- West 
Territories. 

Vide Canada Gazette, Vol. XXI, p. 218. 



By an Order in Council bearing date Thursday, 30th June, 1887, 
under the provisions of the 9th section of the Act 50-51 Victoria, Chapter 62, 
intituled : " An Act to amend the Penitentiary Act," the Order in Council 
of the 12th April, 1887, respecting the salaries of the officers of the several 
I)enitenliaries, their houses and quarters, their uniforms and the sale of 
articles to them and work to be done for them in the shops and their per- 
quisites was cancelled : — 

And the following rogulations were adopted and prescribed as the 
rules in the future to be followed in respect to the matters referred to : — 

RULES HKSPECTING THE SALARIES AND ALLOWANCES OF PENITENTIARY 

OPTICEKS. 

1. In these- rules and the schedules thereto : — 

{a.) The expression "The Minister '* means the Minister of Justice ; 
(b.) The expression " The Inspector'' means the Inspector of Peui* 
tentiaries : 



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ORDERS IN COUNCIL, &c. clvii 

Justice. 



(c) The expression "The Warden'* means the Warden of the Peni- 
tentiary over which he presides ; 

(rf.) The expression " officer " means and includes any officer o? 
employe of any of the classes mentioned in the schedule to an Act passed 
in the Session held in 1887, intituled : ** An Act to amend the Penitentiary 
Act ; " 

{e.) The expression " Trade Instructors '* includes bakers, blacksmiths, 
carpenters, masons, millers, shoemakers, stone-cutters, tailors, and persons 
employed to direct and instruct convicts in any branch of labor. 

Salaries. 

2. Each warden shall, on or before the 1st day of June in each year, 
transmit to the inspector, for the information of the Minister, a report 
showing the officers under him who are eligible for such yearly increases, 
and ffiving in each case his own opinion as to whether or not such increase 
should be given and the reasons therefor. 

3. The inspector shall, on receipt of any such report, transmit the 
same to the Minister, with a memorandum showing whether he concurs 
or not in the recommendations of the warden. He shall also express his 
views as to whether or not the warden should be given any increase for 
which he is eligible. 



•»* 



Residences and\Groun(h. 

4. An officer occupying any house or quarters, the property of and 
provided for him by Government, shall, during the will of the Minister, 
occupy the same with any grounds attached, free of rent. 

5. No officer shall, at any time, have any claim to or be made any al- 
lowance in lieu of such free house or quarters. 

6. The Grovemment will keep such houses and quarters in repair, but 
if at any time the need of such repairs shall be occasioned by the negli- 
gence or fault of the officer so occupying such house or quarters, or of any 
member of his family, the cost thereof may be charged to such officer and 
deducted from his salary. 

7. The Grovernment will not in future, in whole or in part, furnish 
any house or quarters for occupation by any officer. 

8. Any omcer occupying any house or quarters lighted by gas from a 
supply common to the penitentiary shall pay for the gas consumed by him 
at a fair price to be fixed by the Minister, and a meter shall be used to 
indicate the quantity of gas so consumed by such officer. 

9. Any officer occupying any house or quarters heated by a system 
)mmon to the penitentiary, shall pay for such heating a fair price to be 
led by the Minister. 

10. The grounds or gardens attached to the residence or quarters of a 
arden or deputy warden may be kept in order and cultivated by convict 

Aor, but otherwise no convict labor shall be employed in keeping in 
rder or cultivating any ffrouuds occupied by any officer. 

11. Each officer shall bj entitled to everything grown upon the 
Toands attached to his house or quarters. 

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Officers' Uniform Clothing, 

12. Each officer who wears uniform shall be allowed uniform clothing 
as follows : — 

(a) One fine blue cloth dress suit every four years, consisting of fine 
blue cloth cap, frock coat, waistcoat and trousers ; 

(b.) One winter suit every year, consisting of pilot cloth pea jacket, 
waistcoat and trousers ; 

(c.) One summer suit every year, consisting of blue serge or Halifax 
tweed, pea jacket, waistcoat and trousers ; 

(d.) A frieze overcoat every three years ; 

(c.) A pair of French kip boots for winter and a pair of shoes for sum- 
mer, every year ; 

{/.) A fur cap every four years ; 

{g) A cloth cap every year. 

13. The warden may allow any officer whose conduct has been good 
and is about to retire from the service, to take away with him his dress 
suit, if it has been in use eighteen months, and his winter or his summer 
suit, if it has been in use six months. 

Sale of Articles to Officers. 

14. The warden may, if he sees fit so to do, sell at a fair price, to any 
officer, for his own use only, any article manufactured in the penitentiary 
shops, or grown upon the penitentiary property, but not any other article 
the property of the penitentiary. 

J 5. Ihe warden may, if he sees fit so to do, allow any officer, for his 
own use only, at a fair value, to have any work done for him in the peni- 
tentiary shops. 

16. Nothing shall be so sold, and no work shall be so done : — 

(a.) Without an application in writing by the officer, stating that the 
article sought to be purchased, or the work to be done, is for his own use 
only ; and — 

(6.) Without a proper requisition, duly signed bv the proper officers, 
according to the penitentiary rules in other cases in force. 

17. Subject to revision as hereinafter provided, the fair price or value 
of any article sold or work done for the warden shall be fixed by the de- 
puty warden and accountant jointly, and in other cases by the warden. 

18. Any officer signing a false application shall be dismissed. 

19. An accurate account shall bo kept of all articles sold to any officer, 
or work done for him, and the price or value thereof, and a statement 
thereof, in such form and verified in such manner as the Minister from 
time to time prescribes, shall each month be sent to the accountant of 
penitontiarieK, who may, under directions from the Minister, revise any 
such statement, and direct the warden to charge against and collect from 
any olficer any amount short charged either by mistake or under- valuation. 

20. Any article so sold or work so done shall be paid for in cash on or 
before the last day of the month in which it is delivered or finished. 



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ORDERS IN COUNCIL, &c. clir 



Justice. 



21. No officer who is in arrears in respect of an article so sold to him^ 
or work so done for him, shall be paid his monthly salary until such 
arrears are discharged by payment. 

General. 

'22. No officer shall, for any service or work in any manner or under 
any circumstances, done either under the direction of the Department of 
Justice or the Department of Public Works, for or in respect of the peni- 
tentiary at which he is employed, be paid any salary or emolument in ad- 
dition to that hereby prescribed, and for such salary the warden may ex- 
act any service for which by reason of his office or qualifications such 
officer is fitted 

Vide Canada Gazette, Vol. XXL p. 302. 



By an Order in Council bearing date the 7th July, 1886, under tho 
authority of the ninth section of the North- West Territories Act, 1880 (43 
Victoria, Chapter 25), the Lieutenant Governor in Council of the North- 
West Territories, or the Lieutenant Governor, by and with the advice and 
consent of the Legislative Assembly of the North- West Territories, as the 
case may be, was empowered, in addition to the powers already conferred 
on the Lieutenant Governor in Council, as by and with such advice and 
consent, to make ordinances in relation to the following subjects, that is to 
say: — 

1. Direct taxation, within the territory in order to the raising of a 
revenue for territorial (including municipal) purposes. 

2. The incorporation of companies with territorial objects, with the 
following exceptions : 

(a.) Such companies as cannot be incorporated by a Provincial Legis- 
lature. 

(b.) Railway, tramway, steamboat, canal transportation, telegraph 
and telephone companies. 

(c.) Insurance companies. 

Vide Canada Gazette, Vol. XXI, p. 607. 

By a proclamation bearing date the 28th September, 188*7, the Parlia- 
ment of Canada, passed in the session held in the fiftieth and fifty-first 
years of Her Majesty's reign, chaptered fifty and intituled "An Act to 
amend the law respecting Procedure in Criminal Cases," the first and second 
sections of the Act were declared to come into force upon the first day of 
October, in the year of our Lord one thousand eight hundred and eighty- 
seven. 

Vide Canada Gazette, Vol. XXI, p. 686. 



By a proclamation bearing date the 1st day of October, 1887, the Act 
of the Parliament of Canada passed in the fiftieth and fifty-first years of 
Her Majesty's reign, chaptered sixteen and intituled : ** An Act to amend 
* The Supreme and Exchequer Courts Act ' and to make better provision 



\ 



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elx ' ORDERS IN COUNCIL, &c. 



Justice. 



for the trial of claims against the Crown "was declared to have force and 
effect upon, from and after the first day of October, in the year of our Lofd 
one thousand eight hundred and eighty-seven. 
Vide Canada Gazette, Vol. XXI, p. 730. 

GENERAL ORDER OP THE EXCHEQUER COURT. 

In pursuance of the provisions contained in the 55th section of the 
Act 60-51 Victoria, Chapter 16, intituled : '* An Act to amend the Supreme 
and Exchequer Courts Act, and to make better provision for the trial of 
claims against the Crown," and of the 18th section of ** The Expropriation 
Act," it is ordered that the following rules in respect of the matters here- 
inafter mentioned shall be in force in the Exchequer Court of Canada. 

Reference of CImm by Head of Department. 

1. Whenever a claim is referred to the court by the head of any de- 
partment of the Government of Canada, the claimant shall file with the 
registrar a statement of his claim, and shall leave, at the office of Her 
Majesty's Attorney General of Canada, a copy thereof with an indorsement 
thereon in the Form A in the schedule hereto ; and the pleadings and pro- 
cedure subsequent thereto shall be regulated by and conform, as near as 
may be, to the mode of pleading and procedure in proceedings against the 
Crown by petition of right. 

Expropriation, 

2. Whenever under section twelve of "The Expropriation Act," any 
Minister gives to the registrar any notice therein provided for, the registrar 
shall cause to be inserted, once each week during four consecutive weeks, 
in the Canada Gazette and in a newspaper, if there is any published in 
the district or county in which the land or property is situate, a notice in 
one of the Forms B, C, or D, in the schedule hereto, or to the like effect, 
according to the circumstances of the case. 

3. Every person claiming to be interested in the land or property, or 
entitled to the compensation money, or any part thereof, mentioned in any 
such notice, shall, on or before the day named in such notice, file 'with 
the registrar a statement of his claim, and shall leave at the office of Her 
Majesty's Attorney-General a copy thereof, with an indorsement thereon 
in the Form A in the schedule hereto, and the pleadings and procedure 
43ubsequent thereto shall be regulated by and conform, as near as may be, 
to the mode of pleading and procedure in proceedings against the Cro^wn 
by petition of right. 

Motion for Judgment bij Default, 

4 A motion for judgment bv default, pursuant^ to rules 80 or 81 of 
the Exchequer Court, may be made ex parte if a copy of the informatioii or 
statement of claim with an indorsement as provided by rule 14 of tile 
Exchequer Court is served personally upon the defendant. 



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ORDERS IN COUNCIL, &o. clxi 

Justice, 

Discovert/ of Documents. 

5. Rule 95 of the Exchequer Court is repealed and the following rule 
substituted therefor : — 

95 The Attorney General, plaintiff or petitioner, after the time for 
delivering the defence has expired, and any party after the defence is 
deUireTed, may obtain an order, of course, upon precipe , directing any other 
party, or any officer of the Crown to make discovery on oath of the docu- 
ments which are or have been in his possession or power relating to any 
matter in question in the action. 

Matters Pending be/ore the Official Arbitrators, 

6. Unless it is otherwise specially ordered any matter pending before 
the official arbitrators when the Act first herein mentioned came into force 
which had then been heard or partly heard, or which has since been heard, 
by them, shall be continued before them as official referees, and their 
report thereon shall be made to the court in like manner as if such matter 
had been by the court referred to them under the twenty-sixth section of 
the said Act. 

7. The 255th rule of the Exchequer Court respecting the enlargement 
or abridgement of time shall apply to the doing of any act or the taking of 
any proceeding hereunder. 

Dated this seventh day of March, 1888. 

(Signed) GEO. W. BURBIDGE, J. 



SCHEDULE. 

Form A. 

The claimant prays for a statement in defence on behalf of Her Majesty 
witUn four weeks after the date of service hereof, or otherwise that the 
jstatement of claim may be taken as confessed. 



Form B. 

(Where Lands abe taken.) 

In the Exchequer Court of Canada. 

In the matter of " The Expropriation Act." 

And in the matter of certain parcels or tracts of land hereinafter 
described: — 

Public notice is hereby given that there has been lodged fn the oflBlce 
of the registrar of the Exchequer Court of Canada on the 

a notice to the said registrar by the Minister of 

for Canada, stating his readiness to pay over to the persons entitled thereto^ 

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clxii ORDERS IN COUNCIL, &c. 



Justice, 



the sum of which, in his opinion, is sufficient com- 

pensation for the land or property expropriated for the purposes of 

(short description of public work) 

and described as follows, that is to say : — 

{description of lands expropriated.) 

That Her Majesty has acquired title to the land or property herein- 
before described under Chapter thirty-nine of the Revised States of Canada, 
respecting the Expropriation of Lands, as amended by the Act 50-51 Victoria, 
Chapter 17, intituled : ** An Act to amend the Revised Statutes, Chapter 
thirty-nine, respecting the Expropriation of Lands." 

In consequence, all persons entitled to the said hereinbefore described 
land or property or any part thereof, or representing or being the husbands 
of any persons so entitled, or claiming to hold or represent incumbrances 
thereon or interests therein, are called upon to file, .in the office of the 
registrar of the Exchequer Court of Canada, their claims or oppositions, on 
or before the day of {any day subsequent to the last insertion of 

the notice in the discretion of the registrar) and are notified that such claims 
or oppositions will be received and adjudged upon by this court, and that 
the proceedings herein will forever bar all claims to the compensation 
money, or any part thereof, including any claim in respect of dower, or of 
dower not yet open, as well as in respect of all mortgages, hypothecs or 
incumbrances upon the said land or property. 

Dated at Ottawa this day of A,D. 18 . 



Registrar, 



Form C. 



(Whebe Lands are taken and others injuriously affected.) 
In the Exchequer Court of Canada. 

In the matter of " The Expropriation Act." 

And in the matter of certain parcels of tracts of land hereinafter 
described : — 

Public notice is hereby given that there has been lodged in the office 
of the registrar of the Exchequer Court of Canada, on the 
a notice to the said registrar oy the Minister of for Canada, 

stating his readiness to pay over to the persons entitled thereto, the snm 
of which in his opinion, is sufficient compensation for the land ox 

property expropriated for the purposes of (short description of the public 
work) and described as follows, that is to say : — 

(description of the lands expropriated). 

And also for all damages which it is alleged such persons have sus- 
tained or may hereafter sustain by the construction of the said 
having seriously affected certain other land or property of such persons 
that is to say : (description of lands injuriously affected) 

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ORDERS IN COUNCIL, &o. clxiii 

Justice, 

That Her Majesty has acquired title to the land or property first above 
described under Chapter thirty-nine of the Revised Statutes of Canada, re- 
specting the Expropriation of Lands, as amended by the Act 60-51 Victoria, 
Chapter 17, intituled : ** An Act to amend the Revised Statutes, Chapter 
thirty-nine, respecting the Expropriation of Lands." 

In consequence, all persons entitled to the said land or property first 
above described, or any part thereof, or to any damages arising from or in 
connection with the taking of such land or property, or representing or 
being the husbands of any persons so entitled, or claiming to hold or re- 
present incumbrances thereon or interests therein, are called upon to file, 
in the ofl&ce of the registrar of the Exchequer Court of Canada, their claims 
or oppositions, on or before the day of {any day subsequent 

to the last insertion of the notice^ in the discretion of the registrar) and are 
notified that such claims or oppositions, will be received and adjudged 
upon by this court, and that the proceedings herein will forever bar all 
claims to the compensation money, or any part thereof, including any 
claim in respect of dower, or of dower not yet open, as well as in respect 
of all mortgages, hypothecs or incumbrances upon the said land or pro- 
perty. 

Dated at Ottawa this day of , A.D. 18 

Registrar. 



Form D. 

(Where Lands abe injuriously affected only.) 

In the Exchequer Court of Canada. 

In the matter of **The Expropriation Act." 

And in the matter of certain parcels or tracts of land hereinafter de- 
scribed : — 

Public notice is hereby given that there has been lodged in the office 
of the Exchequer Court of Canada, on the 

a notice to the said registrar by the Minister of for Canada, 

stating his readiness to pay over to the persons entitled thereto the sum 
of which, in his opinion, is sufficient compensation for all 

damages which it is alleged such persons have sustained or may hereafter 
sustain by the construction of {short description of public work) 

having injuriously affected certain land and property of such persons, 
that is to say : — {description of lands, injuriously affected.) 

In consequence, all persons entitled to the said compensation or any part 
thereof, or representing or being the husbands of any persons so entitled, 
or claiming to hold or represent incumbrances thereon or interests therein, 
are called upon to file, in the office of the registrar of the Exchequer 
Court of Canada, their claims or oppositions, on or before the 
day of {any day subsequent to the last insertion of the notice, in 

the discretion of the registrar) and are notified that such claims or opposi- 
tions will be received and adjudged upon by this court, ^d that the 

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clxiv ORDERS IN COUNCIL, &c. 

Justice, SfC. 

proceedings herein will forever bar all claims to the compensation money, 
or any part thereof, including any claim in respect of dower, or of dower 
not yet open, as well as in respect of all mortgages, hypothecs or incum- 
brances upon the said land or property. 

Dated at Ottawa this day of A.D. 18 . 

Registrar. 
Fide Canada Gazatte, Vol, XXI, p. 2095. 



By an Order in Council bearing date Thursday, 19th day of April, 
1888, an Act passed by the Lieutenant Q-overnor of the Province of British 
Columbia, with the Ijegislative Assembly of that Province, on the Tth day 
of April, 1887, chaptered 7, and intituled : ** An Act to establish a Court of 
Appeal from the Summary Decisions of Magistrates," was disallowed. 

Vide Canada Gazette, Vol. XXI, p. 2273. 



Marine. 

At a meeting of the Commissioners of Pilots, being the Pilotage 
Authority for the Pilotage District of " Victoria and Esquimalt, and such 
** other waters as are not included in the Electoral Districts of Yale and 
** New Westminster, the port of Nanaimo and other ports in the Island of 
*' Vancouver," held in the city of Victoria, Province of British Columbia, 
in the Dominion of Canada, on the seventh and ninth days of December, 
A.D. 1886, the following amendments and additions to the by-laws 
respecting pilotage for the said district were adopted, and approved by 
His Excellency in Council on. the 18th, June 1887 : 

Resolved, — ^That in the interests of trade and navigation of this pilot- 
age district, and in view of the fact that pilots are now only required to 
pilot the mail steamers from the limits prescribed in clause IV of section 
17 of the by-laws, 1883, to the outer wharf of Victoria Harbor, thus being 
relieved of the responsibility incident to piloting them through the 
tortuous channel leading to the inner harbor (clause K, section 18), tliat 
steamers making regular trips to Victoria and Esquimalt and carrying 
Her Majesty's Mails (under clause IV of the Terms of Union) between 
San Francisco and said ports, shall only pay $3 per foot for services 
tendered or rendered on the inward voyage (i.e, $1.50 per foot into and. 
$1.60 per foot out of either harbor), that pilots for said remuneration ^w^ill 
only be expected to tender 8u<*h service at or about a line drawn from 
Williams Head to Trial Island, bearing N. E. and S. W. magnetic ; that 
clause J be amended by striking out the figures and words " $3 per foot 
into and out of either harbor *' and substituting in lieu thereof the \v^orda 
*' the prescribed rates under clause K," of the hereinbefore referred section 

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ORDERS IN COUNCIL, &c. clxv 



Marine, 



18 of the by-laws ; that clause or section 14, making the registered owner- 
ship of three tons in a licensed pilot vessel compulsory, be and the same 
is hereby suspended. 

Vide Canada Gazette, Vol. XXI, p. 91. 



RULES AND REGULATIONS 

For the government of the public wharf at the place called the " Cascades'' in 
the County of Vaudreuil^ Province of Quebec, with tariff of tolls leviable 
thereat, in accordance with the provisions of the Act 49 Vic, chap. 84,. 
Revised Safutes, approved by His Excellency in Council, 80/A Jvn^, 1887. 

Rule I. — ^That no waggon or other vehicle shall drive along the docks 
or across the same, unless for the purpose of loading or unloading vessels. 

Rule II. — That no lumber, lath, salt or other material shall be piled 
in or near the snubbing posts in such a manner that a vessel cannot be 
made fast. 

Rule III. — That masters of vessels or other persons in charge of 
vessels or rafts, shall make a faithful report of the cargo, as to quantity 
and description, to the wharfinger at his office, and any master or person 
in charge of any vessel or raft neglecting to so report and pay the tolls and 
dues (except by permission of the wharfinger) shall be liable to have the 
vessel or raft of which he may be in charge, or of which he is master^ 
seized and detained then or at any future time until such tolls and dues are 
paid both on cargo and vessel, and the master, owner or person shall also 
be liable to the penalty provided by law. 

Rule IV. — That any master or person in charge of any vessel or raft 
making a false report of cargo shall be liable to fine and imprisonment for 
each and every false report, and the vessel or raft shall be liable to deten- 
tion then or at any future time until such dues are paid and satisfied, and 
if any master or person in charge of any vessel neglects to report her cargo, 
such vessel or the owner thereof shall be liable for the tolls on such cargo 
at any future time, and the master thereof shall be liable to fine or impri- 
sonment. The master or person in charge of any vessel or raft shall report 
and pay the tolls to the wharfinger at his office. 

Rule V. — ^That no person shall remove any goods, chai tels, merchan- 
dise or material of any description from the wharf and docks on which 
the tolls and dues have not been paid, without the permission of the 
wharfinger- 

RuLE VI. — That no person shall throw overboard or disc harge any bal- 
last, refuse or rubbish of any description into the docks or upon the wharf. 

Rule VII. — That all lumber, shingles, lath, salt, or any goods or mer- 
chandise, or mateiial of any kind whatsoever, having been landed, piled or 
placed on the harbor property for shipment shall be liable to harbor 
tolls, whether afterwards shipped or not, the fact of any having been 
landed, piled or placed on any part of the harbor property shall be jpre- 
"sumptive evidence that the owner intended to ship it, and said lumber, 
timber, salt, &c., shall in consequence be liable to pay the usual tolls, al- 
though afterwards removed by teams or otherwise, and shjvB likewise be 

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ckvi ORDERS IN COUNCIL, &c. 

Marine. 

liable to all tho previous conditions as to removal and ground rent and 
sales as hereinafter provided. 

Rule VIII. — That no person shall ride or drive a horse or horses faster 
than at a walk on the wharf or harbor quay. 

RhTjE IX. — ^That no lumber, timber, shingles, lath, pickets, ties, cedar 
posts or i^oles, * ordwood, stone, plaster stone, coal, salt or other goods or 
materials of whatsoever nature or kind shall be landed or placed in or up- 
on any of the wharves, piers and lands of the harbor, unless by permis- 
sion of the wharfinger, and then only on such portions of the harbor 
property as may be allotted to them for the time being, and shall be so 
landed and pla(^ed in such a manner as the wharfinger may direct ; and 
goods, merchandise, lumber, salt or other material landed or placed on the 
b arbor property shall be shipped or removed within forty-eight hours, 
and in default of so shipping or removing said goods, lumber, salt or other 
material, it may be removed at the direction of the wharfinger, and the ex- 
pense of such removal shall be a lien upon such property so removed ; it 
shall also pay a rental of not more than one dollar for every succeeding 
forty-eight hours for each and every 12 feet square of the harbor property 
occupied by said goods, lumber, salt or other material ; provided that in 
ca«e the owner or agent of such goods, lumber, salt or other material, re- 
fuses or neglei ts to ship or remove the same from the harbor property 
after the expiration of one month, it shall be lawful to sell and dispose of 
the same by public auction to defray the expenses to pay ground rent as 
above— eight days' notice of such sale to be given by posting handbills 
announcing it in the usual manner. 

Rule X. — That no person shall obstruct the wharfinger in the perform- 
ance of his dxities. 

Rule XI. — That the tolls and duties si)ecified in the accompanying 
schedule shall l)e and they are hereby imposed and authorized to be levied 
and collected by the wharfinger on the several articles enumerated in said 
schedule, entering the Cascades, except on articles belonging to the Grovern- 
ment of Canada which are hereby exempt from payment of tolls and dues. 

Rule Xll. — The penaltv for violation of the law or any rule or regu- 
lation made thereunder, shall not exceed one hundred dollars, and punish- 
ment by impriHonment shall not exceed thirty days. 

SCHEDULE. 

Cm. 

Ap])les, per barrel 2 

Apples, per bushel 1 

Bacon, per lUO lbs 3 

Bark, per cord 5 

Beef and pork, per barrel 4 

Beef and pork, per half barrel 2 

Beef and pork, per quarter barrel 1 

Beer, ale and porter, per barrel 4 

Beer, ale and porter, per half barrel 2 

Beer, ale and porter, per quarter barrel 1 

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OEDERS IN COUNCIL, &c. clx\ai 

Marine. 

Ct3. 

Boilers, per ton 25 

Bricks of all kinds, per M 20 

Building stone, per cord 10 

Butter, per 100 lbs 2 

Calves, each 8 

Carriages fend waggons of all kinds, with springs 20 

Carts, without springs, each 10 

Cattle and horses, per head 15 

Cedar posts, per 100 10 

Cement, per barrel 3 

Cheese, per lOOpounds 2 

Cider, per barrel 3 

Clover seed, per bushel 2 

Coal, per ton 5 

Colts and fillies, each 7 

Com meal, Indian, per barrel 2 

Cranberries, per barrel 5 

Crockery, including china and glassware, per crate 25 

Cultivators, each 15 

Earthenware, coarse, perorate 10 

Eggs, per barrel, or box of 72 dozen 5 

Fanning mills, each 16 

Fish, per barrel 2 

Fish, per half barrel 1 

Fish, dry, per 100 lbs 2 

Flour, per barrel 2 

Flour, per 100 lbs 1 

Fruit, per 100 lbs., not otherwise provided for 5 

Furniture, per ton measurement 30 

Q-rain of all kinds, except oats, per bushel J 

Orain, oats, per bushel \ 

Grindstones, per ton 15 

Gypsum, per ton 3 

Hams, per 100 lbs 2 

Hardware, per ton 25 

Hay, per ton 10 

Headings, barrel, per M 25 

Hides or skins, per 100 lbs 2 

Hoops, perM 2 

Hops, per 100 lbs 5 

Horse rakes, each 5 

iron, bar, per ton 15 

Iron, pig, per ton 8 

Iron, scrap, per ton 15 

Lard, per barrel 5 

Lard, per half barrel 2J 

Lath, per thousand pieces 4 

Leather, per 100 lbs 3 



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tjlxviii ORDERS IN COUNCIL, &c. 



Marine. 



Cts. 

Lime, per barrel 2 

Lime, per ton, in bulk 5 

Lumber, sawn or square, per M feet B. M 3 

Machinery, engines, &c., per ton 25 

Machines, reaping and mowing, each 60 

Machines, threshing, each : Y6 

Marble, per ton 25 

Merchandise, dry goods, per ton 60 

Millstones, per pair 30 

Molasses, per hogshead 8 

Nails and spikes, per ton 25 

Nursery produce, per ton 30 

Oatmeal, per barrel 2 

Oils, per barrel 5 

Paints, per ton 25 

Pearl and pot ashes, per barrel 8 

Pickets, per 1000 3 

Plaster, calcined, per barrel 4 

Plaster, land, per barrel 2 

Ploughs, each 3 

Poles, telegraph, each J 

Potatoes and roots, per bushel i 

Rags, per ton 15 

Rakes (hay) snaiths and forks, per dozen 1 

Rakes, horse, each 6 

Root slicers, each 5 

Halt, per barrel J 

Salt, per ton IJ 

Sand, per ton IJ 

Sawlogs, per M. feet, B. M 1 

Sheep, per head 2 

Shingles, per M J 

Shingle or stave bolts, per cord S 

Slate, per ten feet square 3 

Spirits of all kinds and wines, per barrel 10 

Spirits of all kinds and wines, per half barrel 6 

Spirits of all kinds and wines, per keg or quarter barrel... 2 J 

Spirits of all kinds and wines, per dozen bottles 2 

Staves, fish, flour and salt, per M 2 

Staves, pipe, per M 50 

Staves, West India, per M 25 

Stone, cut, per ton 80 

Stone, block, in the rough, per ton 15 

Stoves, per ton 20 

Straw cutters, each 5 

Swine 2J 

Ties, railroad, each i 



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ORDERS IN COUNCIL &c. clxix 



Marine. 

Gt8. 

Timothy seed, per bushel 2 

Vinegar, per barrel 4 

Wood, per cord 2^ 

Wool, per ton 30 



Vide Canada Gazette, Vol. XXI, p. 188 



REGULATIONS 

For the use of the Public Wharf at Buctouche^ in the County of Kentj Province 
of New Brunswick, approved by His Excellency in Council^ *lth July^ 

1887. 

1. No vessel or i^essels shall be allowed to make fast to any of the 
fenders on the wharf aforesaid. 

2. The following dues shall be charged on each steamboat and sailing 
vessel for each day or fraction of a day they make use of said wharfV 
viz.: — 

On each steamboat |1 00 

do sailing vessel under 50 tons 25 

do do of 50 tons and under 100 30 

do do 100 do 200 60 

do do 200 do 800 70 

do do 800 do 500 1 00 

do do 500 do 800 1 25 

do do 800 do 1200 1 50 

do do 1200 do 1600 1 75 

do do above 1600 tons 2 00 

3. The following dues shall be charged on all horses, cattle, sheep 
and goods landed or shipped from the said wharf : — 

Horses, each $0 15 

Carriages, each 10 

Oxen and cows, each 10 

Sheep, each 02 

Barrels, each 02 

Hogsheads, each 10 

Cases, bales and other goods J ct. p. c. foot. 

Coal, iron, building stone, salt and articles of 

similar nature 5 ots. p. ton. 

Chains and anchors 10 do 

Naval stores, paints, oils and articles of a simi- 
lar nature 5 do 

Cordwood and bark 5 cts p. cord. 

Rough plaster from quarry, stone or gravel or 

earth ballast for shipping 2 cts. p. ton. 

Gravel for use of roads Free. 

Dried fish in bulk let. p. quintal. 

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olxx ORDERS IN COUNCIL, &o. 



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4. No cattle shall be allowed to remain on the wharf after orders have 
been given by the wharfinger for their removal, under a penalty of twenty 
oents per head. 

Vide Canada Gazette^ Vol. XXI., p. 140. 



By Order in Council bearing date Monday, 3rd day of October, 1887, 
in accordance with the provisions of the 15th section of Chapter 81, "The 
Wrecks and Salvage Act," of the Revised Statutes of Canada, the eastern 
portion of Prince County, in the Province of Prince Edward Island, em- 
bracing Lots 16, It, 18, 19, 25, 26, 27 and 28, was established a district for 
the purposes of the Act. 

Vide Canada Gazette, Vol. XXI, p. 792. 



BY-LAWS 

For the Pilotage District of St, Mary's and Liscombe. Also the amended rate 
of Pilotage Fees, Approved by His Excellency in Council, \bth Octo- 
ber, 1887i 

Any licensed pilot placed in charge of a vessel by the master shall, 
in addition to full pilotage rates, be paid the sum of one dollar and fifty 
cents per day, for each day he may be detained on board such vessel by 
the master, by stress of weather or otherwise while he is waiting orders. 

By 'law for Liscombe Harbor, as follows : — 

The pilots of Liscombe shall hereafter take all vessels for the purpose 
of loading under five hundred tons above Riley's Island, but not to remain 
after drawing fifteen feet of water. All vessels over five hundred tons 
43hall be moored between lliley's Island and Freeman Lang's near Riley's 
Island and load there until they draw eighteen feet of water. Vessels 
drawing more than eighteen feet of water to finish loading near Clay 
Head. Vessels removing from the upper loading ground shall not pass 
the second unless they draw more than eighteen feet of water. One moving 
to^be paid by the master, the rate to be one cent i>er ton. 

Amended rates of Pilotage for Liscombe and St. Mary's as follows : — 

Inwards. Outwards. 

Vessels of 80 tons and under 150 tons $ 4.00 $ 6.0O 

do 150 do up to 200 do 6.00 7.0O 

do 200 do do 250 do 6.00 8.0O 

do 250 do do 300 do 7.00 l).0O 

do 300 do do 350 do 8.00 lO.OO 

do eS50 do do 400 do 9.00 ll.OO 

do 400 do do 500 do 11.00 13.00 

do 500 do do 600 do 14.00 16.00 

Vessels from 600 tons and over, one dollar for every additional huu- 
dred tons or fractional part of a hundred. 

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Marine. 



The following rate shall apply to the Port of Liscombe only : — 

Vessels of eighty tons and under requiring the services of a pilot shall 
pay three cents per register ton inwards and outwards. 

The rates for small vessels for St. Mary's to remain as heretofore. 
Vide Canada Gazette, Vol. XXI, p. 948. 



BY-LAWS, RULES AND REGULATIONS 

For the government of pilots, for the Pilotage District of Economy, in the 
County of Colchester in (he Province of Nova Scotia, made by the Pilot- 
age Authority for the said district, and approved by His Excellency in 
Council, 2nd December, 18^7. 

1. No person shall be licensed for a pilot under twenty-one years of 
age, nor uiiless he shall reside within the said i)ilotage district and shall 
on examination be Ibund in every respect well qualilied to discharge all 
the duty of a pilot. 

2. Every licensed pilot shall, at the time of receiving the lit ense, pay 
the fee of $10 (ten dollars) for the same. 

3. Every master or mate shall pay for his certificate the yearly sum of 
ten dollars ($10) on receipt of his certifii^ate or renewal thereof. 

4. Any pilot piloting a vessel from sea shall be entitled to pilot her to 
sea when she next leaves port, unless on the complaint of the master, 
owner or agent of said vessel the pilotage authority direct otherwise. 

6. On proof on oath to the satisfaction of the pilotage authority that 
any pilot licensed by them has been guilty of any improper conduct, 
drunkenness or wilful neglect of duty, said pilot shall be suspended, or 
deprived of his license at the discretion of the pilotage authority. 

6. Every licensed pilot shall report to the secretary of the pilotage 
authority all vessels spoken by him which have refused to accept his ser- 
vices, and shall also report any casualty or accident which may have hap- 
pened to any vessel under his charge or any other matter of importance 
connected with vessels coming under his observation, and shall also report, 
when any of the buoys are not in their pla(*es, or any of the lighthouses 
not lighted at the proper time, which report shall be made as above imme- 
diately after his arrival or as soon as office hours will permit. ^ 

Y. Each licensed pilot upon boarding any vessel is required to exhibit 
to the master of such vessel a copy of the quarantine regulations, and if 
upon enquiry, the pilot finds such vessel has come from any infected port, 
OT if on board of such vessel any death from infectious or contagious dis- 
ease has occurred, then in any of these cases it shall be the duty of such 
pilot to warn the master of such vessel that he is not to allow any inter- 
course between his vessel and the people on shore before receiving the 
visit and orders of the quarantine officer of the port, and on entering the 
port the pilot shall cause the national flag to be hoisted at the main and 
shall bring the vessel to anchor at the usual place appointed for riding 
quarantine. 

8. Any licensed pilot offering his services to any inward bound vessel 
liable to pay pilotage on being refused employment shall be entitled to 

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clxxii ORDERS IN COUNCIL, &c. 



Marine, 



demand legal pilotage, provided no other licensed pilot shall have pre- 
viously offered his services and demanded payment therefor. 

9. Any questions or disputes arising between pilots, masters of vessels 
and others respecting pilotage or for any other extra remuneration and all 
other questions and disputes between them shall be submitted to the 
pilotage authority to be readjusted and decided by them ; and the judg- 
ment of the commissioners or a majority of them respecting all such ques- 
tions or disputes in which the subject matter does not exceed the sum of 
forty dollars ($40) shall be final and binding on all parties ; and every 
licensed pilot who shall act contrary to this regulation or shall refuse or 
neglect to appear before the commissioners after twenty-four hour's notice 
when his attendance shall be required by them on any occasion, or shall 
give any unnecessary trouble, annoyance or detention to the masters of 
vessels, shall, for each offence, be liable to a penalty not exceeding twenty 
dollars ($20) and also to suspension or dismissal at the discretion of the 
commissioners. 

10. The rates of pilotage within the pilotage limits of the district of 
Economy shall be as follows, on vessels liable to pay pilotage :— 

From the west end of Moose Island to the Port of Economy. $2 per 
draught foot, and twenty-five cents extra per foot on vessels to and above 
Economy Poi}it and within the district. From Moose Island to any river 
in Five Islands, $2 per draught foot. 

From Economy River to the west end of Moose Island, $2 per draught 
foot. 

The Port of Economy is hereby understood to mean Economy Village, 
and also to include any place inside the mouth of Economy River. 

Vide Canada Gazette, Vol. XXL, p. 1294. 

At a me*Hing of the Pilot Commissioners, being the Pilotage Authority 
for the pilotage district of Victoria and Esquimault, in the Province of 
British Columbia, Dominion of Canada, duly convened, regularly held and 
assembled in the city of Victoria at the oflBce of said Commissioners on 
the 28th day of June, 1887,— a full board being present — the foUowng 
resolution was agreed upon and passed unanimously, and was approved 
by His Excellency in Council on the 1st February, 1888 : 

" That on account of the changed circumstances of the commerce of 
British Columbia and the fact of steamers and vessels from foreign ports 
having to call at more than one port in the province, and having to pay 
separate pilotage rates at each port, which is regarded as being oppressive 
and detrimental to the commerce of the province, it is desirable to amend 
the by-laws lixing the rate of pilotage for the ports of Esquimault and 
Victoria. Bo it therefore resolved, that section B of clause 18 of the by- 
laws be amended as follows, viz : — 

Esquimault Harbor — 

P.*r fao*. 

Vessels undersoil $3 00 

do under steam or in tow 2 00 

Steamers 1 50 

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ORDERS IN COUNCIL, &c. clxxiii 

Marine^ SfC. 

Per foot. 

Victoria Harbor — 

Sailing vessels under sail 3 00 

do under steam 2 00 

Steamers 1 50 

That section, C of clause 18 of the by-laws be amended to read "half 
the above rates when the services of a pilot are offered but not accepted." 
Vide Canada Gazette, Vol. XXI, p. 1759. 



At a meeting of the Commission of the Nanaimo Pilotage District held 

at Nanaimo, British Columbia, on the 14th February, 1888, the following 

amendments to clauses 29 and 34 were adopted, and approved by His 

Kxcellency in Council on the 19th March, 1888 : — 

That clause 29 be amended by adding thereto the following : — 

That a line to be known as the outer line shall be at or outside a line 

drawn from Trial Island to Dungeness Lighthouse, including all ports on 

Vancouver Island shore north of said line. 

That clause 84 be repealed and the following substituted therefor : — 
All steamers carrying Her Majesty's mails from any foreign port to 

British Columbia shall pay for inward and outward pilotage one dollar 

and fifty cents per foot exclusive of gulf pilotage. 
Vide Canada Gazette, Vol. XXI, p. 2091. 

At a meeting of the Parrsboro' Pilotage Authority held on the 20th 
February, 1888, the following resolution was passed unanimously and 
was approved by His Excellency in Council on the 26th March, 1888 : — 

Itesolved, that section 3 of the rules and regulations for the govern- 
ment of pilots for the Pilotage District of Parrsboro' in the County of Cum- 
berland, Province of Nova Scotia, be repealed, and the following clause be 
enacted instead thereof : — 

** Every master or mate of vessels of 130 tons register tonnage shall pay 
yearly the sum of forty dollars on receipt of his pilot certificate or a renewal 
thereof, and vessels over 130 tons to pay five cents per ton additional, and 
all vessels under 180 tons, owned and registered in the Dominion of 
Canada, be exempt from the payment of pilotage dues in and out of the 
Parrsboro' Pilotage District. 

Vide Canada Gazette, Vol. XXI, p. 2143. 



Post Office, 

By an Order in Council bearing date Monday, 3rd January, 1887, two 
Hew Post Office Inspector s Divisions were constituted and established to 
be called, respectively, the Stratford Division in the Province of Ontario, 
and the Sherbrooke Division in the Province of Quebec, and that the said 
divisions be composed as follows :— ^.g,.^^, .^ Google 



clxxiv ORDERS IN COUNCIL, &c. 

Post Office, 8fc. 

The Stratford Division in the Province of Ontario to consist of the 
Connties of Perth (South Riding) and Huron, and the Townships of North 
and South Easthope in the County of Oxford, to be detached from the Lon- 
don Division, the Counties of Perth (North Riding), Wellington and 
Waterloo, to be taken from the Toronto Division, and the Counties of Bruce, 
Grrey (South Riding) and Grrey (North Riding) to be withdrawn from the 
Barrie Division. 

The Sherbrooke Division in the Province of Quebec to comprise the 
Counties of Compton, Richmond (except townshipsof Cleveland and Ship- 
ton), Staustead, Drummond (except Township of Kingsey), Sherbrooke 
(town), ShefFordand Brome, heretofore forming part of the Montreal Divi- 
sion, and the Counties of Wolf, Richmond (Townships of Cleveland and 
Shipton) and Drummond (Township of Kingsey), now belonging to the 
Quebec Division. 

Vide Canada Gazette, Vol. XXI, p. 52. 



By an Order in Council bearing date Monday, 3rd January, 1887, a new 
Post OflSce Inspector's Division was constituted and established to be called 
the Stratford Division in the Province of Ontario, and that the said divi- 
sion be composed as follows : — 

The Stratford Division in the Province of Ontario to consist of the 
Counties of Perth (South Riding) and Huron, and the Townships of North 
and South Easthope in the County of Oxford, to be detached from the 
London Division, the Counties of Perth (North Riding), Wellington and 
Waterloo, to be taken from the Toronto Division, and the Counties of Bruce, 
Grey (South Riding) and Grey (North Riding) to be withdrawn from the 
Barrie Division. 

Vide Canada Gazette. Vol. XXI, p. 91. 



Public Works. 

BY-LAWS 

As to the Quebec Graving Dock. Enacted under 22nd Victor ia. Chapter 32, 
section 4, sub-sections 1 and 2 ; 25 Victoria, Chapter 44, section 2 ; 40 
Victor ia^ Chapter bl, section 5,andZS Victoria, Chapter 66, section i, and 
approved by His Excelltncy in Council 19/A July, 1887. 

1. No vessel shall be entitled to be admitted into the graving dock 
without having the time and manner of her entry into, and of her remain- 
ing in said dock, previously prescribed and regulated at the dock master's 
office in books to be kept for that purpose. 



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ORDEKS IN COUNCIL, &o. cIxxt 

Public Works, 

No regulation shall be considered complete until the owner of the 
vessel or his representative shall have signed the regulating book. 

2. No vessel shall remain in the graving dock any longer than the 
time for which such vessel shall have been regulated. 

If, before the expiration of the time for which a vessel was originally 
regulated in the dock, the dock master shall be satisfied, on a written 
application to be made to him for that purpose, that circumstances not 
known when the vessel was regulated, or beyond the control of the 
parties engaged in the work, will prevent the completion within the 
period for which the vessel was regulated, a new regulation may, if the 
dock master shall think proper, be made for such further time not exceed- 
ing fourteen (14) days as he may think requisite for the completion of 
such work, but no vessel shall be allowed to be re-regulated more than 
once, except with the sanction of the Harbor Commissioners. Every 
owner, master, managing owner or consignee of any vessel which shall 
remain in the graving dock after the expiration of the time for which 
such vessel shall have been originally regulated or re-regulated, as above 
mentioned ; and the person by whom the regulating book was signed in 
respect of such vessel, shall be deemed to have committed a separate 
offence against this by-law in respect of every tide during which such 
vessel shall so remain in the graving dock, and a penalty of fifty dollars 
(50) will be inflicted for every such offence ; and the infliction of such 
penalty or penalties in respect of any such offence or offences shall not 
relieve the parties from their liability to pay the graving dock rates pay- 
able to the harbor board in respect of the use of -the graving dock beyond 
the period for which the vessel was regulated or re-regulated. 

3. If any vessel shall not leave the graving dock at the expiration of 
the period for which she was regulated or re-regulated, the dock master,, 
whether such vessel may or may not then be water-tight, or capable of 
being floated, may open the gates of the dock to let out any vessel therein,. 
or to admit any other vessel thereto, and any loss or damage sustained by 
any vessel by reason of the water being so let into the dock, shall be ex- 
clusively borne by the owner or owners of such vessel ; and the commis- 
sioners may cause to be removed from the graving dock vessels not 
removed by the owner or owners in due course, and to recover from said 
owner or owners all expenses incurred in so doing, including the cost of 
ballast and making the vessel water-tight if necessary. 

4. On failure to place a vessel in the graving dock, for which she has 
been regulated on the day appointed for that purpose in the regulating 
book, such vessel shall be struck off the entry list ; the owner, master, 
managing owner or consignee of such vessel shall, on demand, pay to the 
board the amount, if any, which the board may have lost in respect of 
graving dock rates, by reason of such failure ; and except under the cir- 
cumstances hereinafter mentioned, her entrance fee shall be forfeited to the 
Board ; but if the dock master shall be satisfied that such failure arose by 
stress of weather or other circumstances which shall in his judgment be a 
sufficient reason for the same, then on payment of the amount, if any, 
which the board may have lost as aforesaid, the vessel may be reinstated 
in her oririnal position on the entry list without payment of a fresh 
entrance fee. Digitized by GoOglc 



<5lxxvi ORDERS IN COUNCIL, &c. 

Public Works. 

5. No vessel shall be brokeu up or commenced to be broken up while 
in the graving dock without the consent of the board signified in writing 
under the hand of their secretary for the time being ; the dock master 
may forthwith remove from the graving dock any vessel which shall be 
commenced to be broken up, without such consent, and all the costs con- 
sequent upon such removal shall be paid by the master j owner or consignee 
of such vessel, or by the person who signed the Regulating Book for such 
vessel. 

6. The dock master may, in his discretion, allow any vessel which 
«hall have put back in a damaged condition, or which shall under any 
other circumstances be in such a condition as may in his judgment render 
her immediate admission to the graving dock actually necessary, to enter 
the graving dock in priority to all other vessels standing on the regulating 
list. 

7. No vessel shall be scuttled in the graving dock without the special 
permission, in writing, of the dock master. 

8. The owner or master of any vessel intending to enter the graving 
dock shall cause the blocks to be laid, and the lines stretched for her re- 
ception at least three hours before high water of the tide for which such 
vessel may have been regulated to enter the graving dock ; and in the 
case of iron vessels he shall also cover the dock blocks with hardwood caps 
of a sufficient thickness to prevent the dock blocks being cut or injured by 
the vessel's keel. Whenever caps are required to be placed on the dock 
blocks notice thereof shall be given to the dock master at the time of regu- 
lating, in order that a proportionate allowance may be made as to the 
depth of water. Any vessel in respect of which any breach of this by-law 
shall occur, shall be struck off the entry list and the entrance fee shall be 
forfeited to the board. 

9. Blocks and horizontal shores and stages will be provided by the 
board, as follows, viz. : — Blocks : one set for the length given at the time 
of regulating. Horizontal shores : two for every fifteen feet of the length 
given at the time of regulating. Stage poles and planks : A sufficient 
number to make one tier of stages round the vessel; to consist of two planks 
in breadth and a gangway stage of two poles and five planks. No person 
shall use or take awav any such block, shore, pole or plank or other article 
belonging to the harbor board without permission from the said boards 
and every person using or taking away any such block, shore, pole or plank, 
or other article with such permission, shall return and replace the same 
when required by the dock master. 

10. No person shall destroy, cut, or otherwise damage, or allow to go 
adrift, any of the blocks, shores, machines, stores, water cisterns, stages or 
pipes, pitch pots, cranes* tackle or other appendages belonging or which 
may belong to the graving dock, nor throw down timber or other heavy 
thing upon the steps and stonework, or pass the same into or out of the 
dock, otherwise than by the shoots prepared for that purpose. 

11. The master, owner, or consignee of any vessel requiring to be 
fiwealed whilst in a graving dock may with the permission of the dock 
master, cause such vessel to be sweated, on condition that such owner, 
master or consignee, shall, at his own expense, procure the attendance of a 

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ORDERS IN COUNCIL— APPENDIX. cxciii 



Customs. 



By an Order in Council bearing date Wednesday, the 11th day of 
July, 1888, the Order in Council of the 17th December, 1887, interpreting 
item No. 57 of the tariff of Customs duties so far as it relates to plough 
plates, mould boards and land sides, which expired at the close of the last 
session of Parliament, was continued in force until the end of the next 
session of Parliament. 

Vide Canada Gazette, Vol. XXII, p. 102. 



By an Order in Council bearing date Wednesday, the 11th day of 
July, 1888, under the authority of section 246 (/) of Chapter 82 of the 
Revised Statutes of Canada (Customs Act), jute yarn, plain, dyed or colored, 
when imported by manufacturers of jute webbing and jute cloth, to be 
used for those purposes only, in their own factories, was placed upon the 
list of articles that may be admitted into Canada free from Customs duty, 
until the end of next session of Parliament. 

Vide Canada Gazette, Vol. XXII, p, 108. 



By an Order in Council bearing date Wednesday, the 11th day of 
July, 1888, under the authority of section 245 {I) of Chapter 82 of the 
Revised Statutes of Canada (Customs Act), cotton yarn finer than No. 40, 
unbleached, bleached or dyed, for use in covering electric wires, was placed 
upon the list of articles that may be admitted into Canada free of Customs 
duty, until the end of next session of Parliament. 

Vide Canada Gazette, Vol XXFI, p. 103. 



By an Order in Council bearing date Wednesday, the 11th day of 
July, 1888, under the provisions of section 246 (l) of Chapter 82 of the 
Bevised Statutes of Canada (Customs Act), wire of iron or steel, galvanized 
or tinned or coppered, or not, of No. 16 gauge or smaller, when imported 
by manufacturers of wire cloth, wire work, brushes, pianos and plated 
ware, to be used for those purposes only, in their own factories, was 
placed upon the list of articles that may be admitted into Canada free of 
Customs duty, until the end of next session of Parliament, the Order in 
Council of 9th August, 188t, providing for the admission free of duty of 
the above articles having expired on the 22nd of May last, the above order 
to take effect from that date. 

Vide Canada Gazette, Vol. XXII, p. 103. 



By an Order in Council bearing date Wednesday, the 11th day of 
July, I8b8, under the provisions of section 245 of Chapter 32 of the 
Bevised Statutes of Canada (Customs Act), the Customs Port of Comwallis, 
N.S., was reduced to an outport of Customs and warehousing port, and 
placed under the survey of the newly created port of Kentville, N. S. 

Vide Canada Gazette, Vol. XXII, p. 103. 

# 

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cxciv ORDERS IN COUNCIL— APPENDIX. 

Fisheries. 

By an Order in Council bearing date Saturday, Itth day of December, 
1887, under the provisions of the 16th section of Chapter 95 of the Revised 
Statutes of Canada, intituled " An Act respecting Fisheries and Fishing," 
the fishery regulation relating to the lobster fishery, adopted by the Order 
in Council of the 13th March, 1879, was rescinded, and the following 
adopted in its stead : — 

1. On that part of the coast of the Atlantic Ocean extending from Cape 
Canso westward, and following the coast line of the Bay of Fundy to the 
United States boundary line, it shall be unlawful to fish for, catch, kill, 
buy, sell, or have in possession (without lawful excuse) any lobsters 
between the 1st day of July and the 31st day of December, 1888. 

2. In the remaining waters of the Province of Nova Scotia, and in 
the waters of Prince Edward Island, New Brunswick and Quebec (includ- 
ing the Magdalen Islands and Anticosti) it shall be unlawful to fish for, 
cateh, kill, buy, sell, or have in possession (without lawful excuse) any 
lobsters between the 16th day of July and the 31st day of December, 1888. 

3. It shall be unlawful at any time to fish for, catch, kill, buy, sell, 
expose for sale or have in possession any berried or soft-shelled lobsters, or 
any lobster under nine inches in length, measuring from head to tail, 
exclusive of claws or feelers, and when caught in nshing apparatus in 
legal use, they shall be liberated alive by the proprietor, owner, agent, 
tenant, occupier, partner or person actually in charge, either as occupant 
or servant, on each of whom shall devolve the proof of such actual libera- 
tion, and each of whom shall be deemed to be jointly and severally liable 
for any penalties or moneys recoverable under the Fisheries Act or of any 
regulation made under it. 

Vide Canada Gazette, Vol. XXI., p. 1416. 



By an Order in Council, bearing date Thursday, 6th day of July, 1888, 
under the provisions of section 16 of Chapter 98 of the Revised Statutes of 
Canada, intituled " An Act respecting Fisheries and Fishing," for the pur- 
pose of afibrding better protection to the fish in the fluvial portions of tlie 
rivers of Quebec, Nova Scotia and New Brunswick, so much of the 8iJi 
section of the above quoted statute which relates to fly fishing for salmon 
was amended by substituting the following therefor : — 

" Provided always that it shall be lawful to fish for, catch and kill 
" salmon with a rod and line, in the manner known as fly surface fishing, 
" between the first day of February and the fifteenth day of August, iit 
" the Provinces of Quebec, New Bnmswick and Nova Scotia." 

The same to take efiect from the 16th August, 1889. 

Vide Canada Gazette, Vol. XXII., p. 48. 



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OftDEBS IN COUNCIL-APPENDIX. cxcv 

Inland Revenue. 

By an Order in Council bearing date Thursday, 28th day of June, 
1888, under the provisions of section 1*7 of Chap. 29 of the Revised Statutes 
of Canada, intituled " An Act respecting the Public Revenue, the raising 
of loans authorized by Parliament and the auditing of Public Accounts/' 
the inland revenue division of Peterborough was transferred from the 
insi)ection district of Toronto to that of Kingston. 

Vide Canada Gazette, Vol. XXII, p. 2. 



Bv an Order in Council, bearing date Friday, the 6th day of July, 1888, 
the folio-wing regulations for the governance of all licensed bonded manu- 
factories in the Dominion, were adopted, — such regulations to take effect 
from the 3rd day of July, 1888. 

REGULATIONS. 

1. Subject to the provisions of the Inland Revenue Act, to these regu- 
lations, and to such further regulations as may hereafter be made by com- 
I>etent authority, licenses may be granted to manufacture in bond the 
articles herein enumerated, viz. : vinegar and crude fulminate in the form 
of paste. 

2. Any bonded manufactory licensed under the above recited Act may 
be closed and the license forfeited, whenever it is shown to the satisfaction 
of the Minister of Inland Revenue that there is just cause for believing that 
frauds upon the revenue are being perpetrated in connection with such 
manufactory. 

3. In addition to the license fee named in the Act above cited, every 
person to whom a "bonded manufacturing license" is granted, shall pay 
to the Collector of Inland Revenue, in monthly instalments, such sums of 
money as shall be sufficient for the payment of the expenses incurred by 
the Inland Revenue Department for the effective supervision of the manu- 
factures carried on under such license, and for taking account of the dutiable 
articles consumed in such manufacture, and of the articles produced there- 
from ; and the maximum sum to be so paid by the party aforesaid shall, 
from time to time, be determined by the Minister of Inland Revenue, as he 
may deem necessary, and shall, as nearly as may be, be in proportion to 
the magnitude and general character of the business carried on under such 
license. 

4. GKxmIs manufactured in bond shall be removed from the apartments 
of the manufactory wherein the same were made as soon as the process of 
mannfacture is completed and shall then be placed in compartments or 
stoTerooms set apart for that purpose, and be either warehoused as per 
warehousing regulations then in force or entered ex-factory for duty, the 
duty to be collected on the monthly returns of the manufacturer as in the 
case of other manufactures subject to excise. 

6. With every application for a license to manufacture in bond there 
shall be submitted a specification or formula of all the articles to be manu- 
factured thereunder, which specification or formula shall also set forth in 
detail the percentage or proportion of every ingredient to/be Jised in the 

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cicvi ORDERS IN COUNCIL -APPENDIX. 

Inland Revenue. 

manufacture of each article, except that in the case of vinegar, the actual 
quantity of each ingredient to be used (water excepted) shall be given, for 
the production of one hundred gallons of standard vinegar. 

6. The articles manufactured in bond shall be compounded carefully 
in accordance with the specification or formula submitted with the appli- 
cation for the license and approved by the Minister of Inland Revenue. 

7. Collectors and officers in charge of bonded manufactures shall be, 
and they are hereby required, to see that the percentages, proportions and 
quantities set forth in the specification or formula are closely adhered to 
and in no case exceeded ; but should it be ascertained by any process or by 
any test of any of the articles made that a greater portion or percentage of 
alcohol has been used in the preparation thereof than is set forth in the 
specification or formula, the duty exigible upon spirits shall be collected 
upon the excess of alcohol so ascertained, which may be computed upon 
the article or articles made during the currency of the license then in force, 
and the manufacturer shall also be liable to the penalty of forfeiting his 
lioeube as well as the other penalties set forth in the " Inland Revenue Act." 

«. The under side of the flooring joists of all bonded apartments in 
which spirits or other goods subject to excise duty are stored or placed 
while under any process of manufacture, shall, if there is any space or other 
apartment below them, be sheeted or lathed to the satisfaction of the in* 
pecting officer. 

9. Dutiable vinegar produced in any bonded factory shall be in the 
proportion of one hundred gallons of standard vinegar containing 6 per 
cent, of acetic acid, over and above the quantity taken for " mix " or used 
in the further production of vinegar to twenty-five gallons of proof spirits 
taken into the manufactory and used for its production, with such addi- 
tion to the standard quantity of vinegar as may, in the opinion of the Min- 
ister of Inland Revenue, be fairly due to any other article such as sour 
beer, or wine, acetic acid, or any like article brought into the manufactory, 
in addition to the alcohol used for its production. 

10. In estimating the quantity of spirits used in any bonded manu- 
factory during any period, for the production of vinegar, the inspector 
shall be guided by the books kept by the manufacturer as required by law 
or by the actual quantity discovered by stocktaking, thus by adding to the 
quantity on hand at commencement of period the quantity brought in and 
deducting therefrom the actual quantity found in stock, the diflference 
may be taken as the quantity used, nevertheless due allowance must be 
made for the alcohol, that may be in process in the mixing or compounding 
tub at the beginning and end of the period, but no allowance whatever 
shall be made for the quantity said to be in process in the generators at 
the beginning or end of the period for which the calculation is being made. 

11. The percentage of acetic acid contained in any vinegar produced 
in any such bonded factory shall be determined by such established chem- 
ical tests, applied by such apparatus, as may be, from time to time, directed 
by regulations or instructions made in that behalf by the Minister of In- 
land Revenue. 

12. The officers of Inland Revenue may, at any time, take such sam- 
ples from any of the packages of vinegar, or other article made in, or brought 



OEDEES IN COUNCIL— APPENDIX. cxcvii 

Inland Revenue. 

into any bonded manufactory as may be deemed necessary for determining 
their strength or quality. Samples of each package so tested shall be sent 
to the Department for confirmation, and in case the Department test is at 
variance with the test go made by the officer in charge of the manufactory, 
then the test made at the Department shall be final. 

13. Every package of spirits and every other article or material brought 
into any bonded factory, whether subject to excise or customs duty, or not, 
shall be immediately placed in an apartment appropriated thereto and se- 
cured by a crown lock, the sole key whereof shall be in the exclusive cus- 
tody of an officer of Inland Revenue ; and no spirits or other article shall be 
removed from such locked apartment, except in the presence of the officer 
who has the key thereof for the time being, and in his presence every ar- 
ticle removed from such locked apartment shall be immediately conveyed 
to the mixing room or other place where it is to be used and applied to 
the purpose for which it is intended. 

14. All packages containing spirits shipped to bonded factories shall 
have the word " non-potable " over printed on both ends of the package, in 
letters not less than two inches in height and three-fourths of an inch in 
width and in a color different from that used for the other marks on the 
package. 

15. Whether the spirits be domestic or imported, the branding shall 
be done by the vendor before they leave his premises ; but if the bonded 
manufacturer be himself the importer, he shall have the branding done at 
a port of entry and before leaving the Customs premises where the spirits 
are examined. 

It). iSpirits shall be removed to a bonded factory only upon a permit 
countersigned by the collector, which shall have the word ** non-potable " 
distinctly written across its face. 

17. If the bonded factory and the shipper's premises are situated in 
separate divisions, one copy of the permit (K. 4, which will, in this case, 
be made in duplicate) shall accompany the bill of lading, and the spirits 
shall be consigned to the collector of tne receiving division. 

18. The duplicate permit must be designated as such and on the stub of 
X)ermit book may be accounted for by referring to original general number. 

19. In all cases the collector shall detail an officer, in addition to the 
officer in charge of the bonded factory, to weigh and test the spirits, and 
see them placed under lock in the bonding warehouse of the factory, and 
to certify the fact in writing upon the permit. 

20. Spirits shall not be removed from a bonded factory without the 
written permission of the Minister of Inland Revenue, and then only to 
another bonded factory or to a licensed distillery. 

21. The word "non-potable" shall be conspicuously placed upon all 
removal entries, or other official documents, used in connection with the 
removing of spirits to a bonded factory. 

22. No article shall be kept or stored in any bonded manufactory 
other than such as are to be used in the manufacture of articles enume- 
rated in the specification or formula accompanying the application for 
license. 

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cxcviii OEDEBS IN COUNCIL-APPENDIX. 

Inland Revenue, 

23. Every excise mark on every package in which any excisable 
goods are taken to anv bonded manufactory, shall be completely erased 
and removed from sucn package as soon as emptied. 

24. No person licensed as a manufacturer in bond shall carry on any 
trade of buying or selling spirits or spirituous liquors on the premises for 
-which such license is granted, nor in any other premises situated within 
five hundred yards of such licensed premises, except in so far as such 
buying and selling is a necessary consequence of the business for which 
the license is granted, and permission tp carry on such business is specially 
granted in the license. 

25. No duty-paid spirits (except spirits on which the difference 
between Customs and Excise duty has been paid under 49 Vic, cap. 84, 
sec. 284) shall be taken into any bonded manufactory. 

26. Whereas by the 284th section of the Act of the Parliament of 
Canada, 49th Vic , chap. 34, intituled " The Inland Revenue Act," it is 
provided that " whenever any article not the produce of Canada upon 
which the duty of excise would be levied if produced in Canada, is taken 
into a bonded manufactory, the difference between the duty of excise to 
which it would be so liable and the Customs duty which would be 
levied on such article if so imported and entered for consumption shall be 
paid as a duty of excise when it is taken into the bonded manufactory ; 
but in the case of spirits to be used for any chemical or manufacturing 
purpose only, the foregoing provisions of this section may be varied, in 
whole or in part, by the Governor in Council, provided that no increase of 
duties shall accrue therefrom." His Excellency in Council, in pursuance 
of the provisions above recited, has been pleased to order, and it is hereby 
ordered, that the duty exigible upon foreign spirits, when taken into any 
duly licensed bonded manufactory, shall be determined at the rate of 
thirty cents (30) per proof gallon. 

27. Stock books must be kept in the factory, in which must be 
entered : — 

Ist. The quantity of each description of article or commodity broug^ht 
into the factory, and in the case of spirits the particulars of every package, 
stating where manufactured, the strength and quantity, the marka, &c., 
on the casks, and the general number of the permits under which it "was 
conveyed to the factory ; 

2nd. The quantity of each description of article or commodity used in 
the production of the manufactured articles made in the manufactory, 
giving the particulars of every quantity mixed, showing the marks, &c., 
of the original packages from which they were taken ; 

8rd. The quantity of each description of article or commodity removed 
from the factory, or aisposed of otherwise than for the production of the 
articles therein manufactured or made ; 

4th. The quantity of each description of manufactured article or cozxi- 
modity made or produced on each day ; 

5th. The quantity of manufactured product removed from the factory. 

6th. The quantity entered for warehouse, and — 

*7th. The quantity ex-warehoused and entered for duty ex-factory. 



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OEDERS IN COUNCIL— APPENDIX. cxcix 

Inland Revenue, Sec ' 

28. All vinegar running &^vi gf^er^tprs and having a strength of 8 
per cent, or more of acetic acid, must be conveyed directly to the closed 
receivers and must there be gauged and tested before being taken for 
"mix" or otherwise. 

The quantity required for " mix," when not exceeding the quantity 
stated in the specincation or formula, will be given by the officer when 
required, and at the end of the month the total quantity taken will be 
deaucted from the total production of vinegar in the manufactory, leaving 
the balance as the actual (quantity of dutiable vinegar produced. 

29. On and after the hrst day of July, 1888, no allowance shall be 
made to the manufacturer for the quantities of spirits supposed to be in 
process in the generators, the Department ffiving up all claim against the 
manufacturer for an equivalent number of gallons of standard vinegar, 
nor shall such quantity be taken into consideration in any stock-taking or 
assessment that may have to be made in case of a deficiency of production. 

30. When vinegar is conveyed from the generators through unlocked 
compartments of the factory, it must be conveyed in closed pipes properly 
secured. 

31. Should the inspector of bonded manufactories, or any other officer 
of excise, at any time on visiting a bonded manufactory, observe anything 
which in his judgment might lead to a loss of revenue or interfere with 
its prox>er collection, or which might offer facilities for fraud, he is 
empowered to give instructions as to the changes he may deem necessary 
for the proper protection of the revenue, and such instructions shall be com- 
plied with by the manufacturer or his agent ; and if such changes be not 
made within the space of ten days, his license may be forfeited. 

32. All Orders in Council in respect of the manufacture of goods in 
bond^ previously issued or established, are hereby cancelled. 

33. The Minister of Inland Revenue may provide such tests for deter- 
mining the percentage of free spirits contained in vinegar, and may deal 
with any vinegar found to contain such free spirits as may be deemed 
necessary for the proper protection of the revenue. 

Vide Canada Oazette, Vol. XXII, p. 48. 



Interior, 

By an Order in Council bearing date Wednesday, 11th day of July, 
1888, under the provisions of the Ist section of Chapter 56 of the Revised 
Statutes of Canada, intituled " An Act respecting Public Lands in British 
Columbia," the regulations for the disposed of coal lands in the Province 
of Manitoba and in the North-West Territories, a copy of which regula- 
tions is annexed hereto, were declared to govern the disposal of Dominion 
lands in the railway belt in the Province of British Columbia containing 
coal. 

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cc ORDERS IN COUNCIL— APPENDIX. 

Interior. 

REGULATIONS. 

1st The following districts have been set apart and declared to be 
coal districts, the same to be known as those of the Souris River, the Bow 
River, the Belly River, the South Saskatchewan River, the North Saskat- 
chewan River, the Cascade, and a district at Wood Mountain and its 
vicinity. 

These lands are withdrawn from ordinary sale ; but the even-number- 
ed sections, with the exception of Hudson's Bay Company's lands, are 
open for settlement, subject, however, to the reservation of the coal and 
other mineral rights therein. 

I. — SOURIS RIVER COAL DISTRICT. 

Township 1, and South halves of 2, Ranges 4, 5, and 6, West of 
Second Meridian. 

Townships 1, 2, 3, Ranges t, 8, 9, 10, West of Second Meridian. 
Townships 1, 2, 3, 4, Range 11, West of Second Meridian. 
Townships 1, 2. 3, 4, 5, Ranges 12, 13, West of Second Meridian. 
Townships 2, 3, 4, 5, Range 14, West of Second Meridian. 
Townships 8, 4, 5, RangelS, West of Second Meridian. 
Townships 4, 5, Range 16, West of Second Meridian. 
Township 5, Range 17, West of Second Meridian. 

II. -BOW RIVER COAL DISTRICT. 

Townships 19, 20, 21, Ranges 18, 19, West of Fourth Meridian. 
Townships 20, 21, 22, Ranges 20, 21, West of Fourth Meridian. 

III. — BELLY RIVER COAL DISTRICT. 

Townships 8, 9 and 10, Range 21 ; 
Those portions of Townships 8 and 9 not included in the Blood Indian 
Reserve, and the whole of Township 10, in Range 22 ; those portions of 
Townships 8 and 9 not included in the Blood Indian Reserve, and the 
whole of Township 10, in Range 23, all West of the Fourth Principal Meri- 
dian. ^ 

IV. — SOUTH SASKATCHEWAN RIVER COAL DISTRICT. 

Townships 11, 12, 13, Ranges, 2, 3, 4, 5, 6, 1, 8, 9, 10, West of Fourth 
Meridian. 

Townships 14, 16, 16, Ranges 2, 3, 4, 6, West of Fourth Meridian. 

V. — NORTH SASKATCHEWAN RIVER COAL DISTRICT. 

Townships 50 and 61, and the south half of Township 52, Range 25, 
Townships 50 and 61, Range 26. 
do 50 do 61 do 27. 

do 50 do 61, in the fractional portion of Range 28, all West 
of the Fourth Principal Meridian. 

Also Townships 60 and 81, liange 1. 
do 50 do 51 do 2. 

do 60 do 51 do 3. Digitized by GoOQle 

do oO . do 4. ^ 



ORDEES IN COUNCIL— APPENDIX. cci 

Interior. 

All "West of the Fifth Principal Meridian, in the Provisional District 
of Alberta. 

VI. — CASCADE COAL DISTRICT. 

The North West qnarter of Township 26, Range 11. 
do South West do do 26 do 11. 

do North East do do 26 do 12. 

do South East do do 26 do 12. 

All west of the Fifth Principal Meridian, in the Provisional District 
of Alberta, but excluding therefrom that portion of the said described area 
which is covered by the right of way and station grounds of the Canadian 
Pacific Railway. 

VII. — DISTRICT AT WOOD MOUNTAIN AND ITS VICINITY. 

• Townships 1, 2, 3, 4, 5, 6, 1, Ranffes 17, 18, 19, 20, 21, 22, 23, 24, 25, 
26, 27, 28, 29, 30, West of Second Meridian. 

Tovraships 1, 2, 3, 4, 5, 6, 7, Ranges 1, 2, 3, 4, 5, 6, 7, 8, West of Third 
Meridian. 

2nd. The surveys of the lands within the said coal districts will be 
completed as soon as i>ossible, and thereafter the lands will be periodically 
oflFered for sale by tender or public auction. The lands within the " Cas- 
cade Goal District " at an upset price of $20 per acre, cash, and the lands 
within all the other coal districts, at an upset price of $10 per acre, cash. 

(a.) Not more than three hundred and twenty acres shall be sold to 
one applicant : 

(S.) When there is more than one applicant for the same coal location, 
the Minister of the Interior may invite competition between the several 
applicants, or ofier the land for sale at public competition by tender or by 
auction as he may think expedient, at the upset price of coal lands in the 
district in which such coal location is situated : 

(c.) When applications are made to purchase coal locations situated 
outside of the organized coal districts, the Minister of Interior may sell the 
same to the applicants at the price and on the terms which would apply if 
the lands were within an organized coal district, and with due regard to 
the quality of the coal which the said lands may be found to contain. 

3rd. With respect to leases which have already been granted, each 
lessee who has fulfilled the conditions thereof may, within two years from 
the date of the Order in Council authorizing his lease, convert the lease- 
hold into freehold by paying in cash the upset price placed by the Min- 
ister of Interior on the lands in the coal district wherein the said leasehold 
is situated ; but the lease shall be null and void in all cases where the con- 
ditions have not been fulfilled by the lessee, especially the conditions con- 
tained in clause 5 of the said regulations, which is as follows : " That 
failure to commence active operations within one year and to work the 
mine within two years of the commencement of the term of the lease, or 
to pay llie ground rent or royalty, shall subject the lessee to forfeiture of 
the lease and resumption of the land by the Crown-'Digj^i^g^byGoOQle 



ccii ORDERS IN COUNCIL— APPENDIX. 

Interior, ifc. 

4th. In cases where the Minister of the Interior satisfies himself that 
companies, or x)ersons, have expended considerable sums of money in ex- 
ploring for coal within the limit of any district for which they may have 
applied under the regulations of the iTth December, 1881, the said lands 
may be sold to such companies or persons at the upset price fixied for lands 
in the coal district in which such tract may be situated. 

6th. The boundaries beneath the surface of coal mining locations shall 
be the vertical planes or lines in which their surface boundaries lie. 

6th. The rights of lessees, and of persons in favor of whom Orders in 
Council authorizing leases have been passed, shall not be affected by tl^ese 
regulations. 

Vide Canada Gazette, Vol. XXII, p. 108. 



Marine. 

By an Order in Council bearing date Wednesday, 11th day of July, 1888, 
under the provisions of the 18th section of the Pilotage Apt, being Chapter 
80 of the Revised Statutes of Canada, the Order in Council of the 80th 
April, 1874, appointing a pilotage district for the Counties of Digby and 
Annapolis in the Province of Nova Scotia, was cancelled so far as it relates 
to the County of Digbv, and a pilotage district was formed for St. Mary's 
Bay in the County of I)igby, the limits of which district shall embrace the 
whole of St. Mary's Bay and such ports and harbors th.erein as belong to 
the County of Digbv inside of an imaginary line drawn between Whipple 
Point and Cape St. Mary's, — such district to include also Grand and Petit 



Vide Canada Gazette, Vol. XXII, p. 103. 



Public Works. 

By an Order in Council bearing date 21st June, 1888, a by-law of the 
Town of Trenton for the imposition and collection of dues or tolls upon. 
saw logs, sawn timber, square lumber, square and round timber, cedar 
railwa]r^ties, hoop and hop poles, floats of all kinds, barrel headinffs, wood 
longer short, staves and stave bolts coming down the Biver Trent witkia 
the limits of the said corporation, was approved as foUpws : — 

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ORDERS IN COUNCIL— APPENDIX. cciii 

Publtc Works. 

1. That it shall be lawful for the said corporation to keep constantly 
stretched during the season of navigation as heretofore a good and sub- 
stantial boom across the River Trent, within the limits of the said corpo- 
ration, and fastened to the piers and shore fastenings erected for that pur- 
pose, for the pu^ose of stopping and securing timber of all kinds coming 
down the said river, except a gate at one side of the river, as the councU 
may direct, between the outside pier and the main shore, of suflBlcient 
width to allow drams of timber, wood or vessels to pass through, which 
shall be opened sufficiently wide by the person in pharge of the boom for 
the passing and re-passing of vessels, craft, cribs, drams of timber and 
lumber of various kinds, at all reasonable times and when it can be done 
with safety. 

2. That the dues, fees or tolls enumerated and specified in the follow- 
ing schedule, which forms a part of this by-lay, shall be the dues, fees or 
tolls chargeable and collectable on all saw logs, sawn timber, square and 
round timber, cedar railway ties, hoop and hop poles, floats of all kinds, 
barrel heading, wood long or short, stave and stave bolts, passing down 
the said river, running into the said corporation boom. 

Schedule of Dues, Fees of Tolls above referred to. 

For every saw log coming into the said boom $0 00 J 

For every piece of square timber, mast and spar 06 

For every railway tie, allowing 8 ft. for each OOJ 

For every float 02 

For every board, plank or deal and all kinds of sawn 

lumber, per raft, board measure 15 

For every piece of round cedar 02 

For every piece of ash or other round work 02 

For every telegraph pole OOJ 

For every crib or dram of boards, plank or railway ties, hop 
poles, staves, round or square timber, deal or other 
lumber of any kind that may come into the boom and 
is hereby protected from goin^ adrift, also cribs made 
or rafted within the corporation boom 1 00 

3. That it shall be lawful for the council of the corporation of the town 
of Trenton to appoint a person to take charge of the said boom under such 
wages or salary as the council may, from time to time, direct, and to hold 
office during the pleasure of the council, whose duty it shall be to see that 
the boom and piers are kept in proper condition, and to keep a correct ac- 
count of all the various kinds of lumber liable to dues, fees or tolls coming 
into the boom from time to time, and famish a copy thereof to the clerk of 
the council or to the mayor or chairman of the Harbor and Public Works 
Committee, every Saturday night during the season of navigation or while 
the said boom is in use. 

4. That it shall be the duty of every person or persons having lumber 
of any kind in the said boom liable to any of the dues, fees or tolls afore- 
fittid, to pay the same or produce to the person in charge of the said boom 
the authority of the council allowing the removal of ^tj^e^iame, before the 
*Mne is removed out of the said boom. — 



jr 

u 



cciv OEDEKS IN COUNCIL— APPENDIX. 

Public Works, 8fc. 

5. That any person or persons removing or attempting to remove any 
of the aforesaid property out of the said boom contrary to the provisions of 
section 4, of this by-law shall, upon conviction before a police magistrate 
of the town or before any justices of the peace for the County of Hastings, 
be subject to the penalties provided in section 280 of the consolidated by- 
laws of the town of Trenton. 

6. That sections 121, 122, 123, 124, 125, 126 and 12t of the consolidated 
by-laws of the town of Trenton are hereby repealed. 

Vide Canada Gazette, Vol. XXI, p. 2680. 



Railways and Canals 

By Order in Council bearing date Ottawa, 1st June, 1888, the pro- 
visions of the Order in Council of the 26th May, 1885, whereby steamers 
specially chartered for the conveyance of excursion parties, going and 
returning in the same boat the same day, were charged one half of the 
usual passenger tolls for passage through the Lachine Canal and St. Ann's 
Lock, were continued in force for the present season of 1888 only. 

Vide Canada Gazette, Vol. XXI, p. 2559. 



A Proclamation bearing date the 5th day of July, 1888, under authority 
of an Act of the Parliament of Canada passed in the session thereof 
held in the fifty-first year of Her Majesty's reign chaptered twenty-nine 
and intituled *' An Act respecting Railways," confirmed an Act passed by 
the Legislature of the Province of Quebec, passed in the session of the said 
Legislature holden in the year one thousand eight hundred and eighty-six, 
and intituled " an Act to amend the Charter of the Quebec Central Kail way 
Company," — which Act provides among other things ihat it shall come 
into force upon the proclamation of the Lieutenant Governor, to be issued 
upon the declaration of the company that the Act had received the written 
assent of two-thirds of the shareholders, — the assent of two-thirds of the 
shareholders of the said company having been duly riven as re<mired by 
the said Act, and the said Act duly proclaimed by the Lieutenant Q-overnor 
of the Province of Quebec. 

Vide Canada Gazette, Vol. XXIf, p. 102. 



By an Order in Council bearing date 9th July, 1888, the Grenville 
Canal was declared closed to the passage of rafts, or of any portion of a 
raft, of any kind whatever. 

Vide Canada Gazette, Vol. XXII, p. 51 n \ 

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ORDERS IN COUNCIL— APPENDIX. ccv 

Indians, 

By an Order in Council bearing date Thursday, 7th June, 1888, under 
the provisions of the 54th section of " The Indian Act," being Chapter 43 of 
Revised Statutes of Canada, the Orders in Council of the 26th of March, 
18Y7, and 9th of August, 1884, respecting the removal of timber by actual 
settlers from Indian lands were rescinded, and the following regulations 
were adopted in place thereof: — 

1st. That purchasers of Indian land be required to clear five instead 
of fifteen acres; no license fee to be charged for the said five acres or dues 
to be charged upon the timber removed therefrom (pine and spruce being 
reserved), but each purchaser to be required to declare by written declara- 
tion at the time of sale that he intends becoming an actual settler on the 
land, and to obtain from the agent a license to cut on the five acres. 

2nd. That upon it being established to the satisfaction of the Indian 
agent by affidavit or statutory declaration of two reliable disinterested 
parties that the purchaser has cleared on the land purchased ready for 
cultivation and fenced, at least five acres, and that he has built thereon a 
habitable dwelling house of not less than 18 by 24 feet, and that he resides 
and that they believe he intends to continue to reside on the said land, 
the agent may grant him a settler's license covering the land included in 
the side to him, which must exceed the area stated in clause one of the 
Indian land regulations, namely, 400 acres or 640 acres as the case may 
be. 

3rd. That said license shall be issued for one year only on payment 
of a fee of four dollars (4), which may be renewed yearly on a payment 
of a fee of one dollar (1), provided there has been no violation of the 
terms of the said license. 

4th. That dues shall be paid on timber cut under said license in 
accordance with the following tarifi*, which dues or such portion thereof 
as may be necessary may be applied on behalf of the purchaser towards 
payment of the land, and any balance in excess of what is required shall 
be placed at the credit of Indian funds : — 

Oak and black walnut and basswood square timber, 

perM. cubic feet |30 00 

Oak and black walnut and basfwood saw logs, per M» 

feet, board measure 4 00 

Tamarac, elm, beech, ash, maple, hickory and butter- 
nut, per M. cubic feet 16 66 

For the same, as saw logs, per M. feet, board measure.. 2 00 
Cedar, birch, basswood and boom timber, per M. cubic 

feet 15 00 

For the same as saw logs, per M. feet, board measure... I 00 

Hemlock, i)er M. cubic feet including bark 6 00 

Hemlock, per M. feet, board measure 60 

Hemlock bark, per cord. 40 

Pipe staves, per M. standard 15 00 

West India do do 5 00 

Railway ties, tamarac or cedar, per 100 of 12 inches 

and under at the butt 2 00 

Telegraph poles, per 100 up to 80 feet long...f^gitijg«.t5yGcfo^e 



ccTi ORDERS IN COUNCIL— APPENDIX. 



Indians, Sfc, 



Over and above that length the rate to be increased in 
proportion to the length. 

Boom timber, per M. cubic feet 6 00 

Boom timber, per M. feet, board measure 40 

Cedar pickets, per 100 1 00 

Tamarac knees, lineal measurement, per M. feet 15 00 

Shingle bolts, percord 40 

Shingle bolts, in advantageous localities 50 

Cordwood, hardwood, per cord 15 

do in advantageous localities 20 

do soft wood, per cord 10 

do in advantageous localities 12 

Vide Canada Gazette. Vol. XXL, p. 2599. 



Secretary of State. 

By an Order in Council bearing date Friday, the Ist day of June, 
1888, in pursuance of section 96 of "The Canada Temperance Act," 
the Order in Council of the 16th January, 1885, whereby the second part 
of the said Act was brought into force in the County of Renfrew, was 
revoked. 

Vide Canada Gazette, Vol. XXI, p. 2559. 



By an Order in Council bearing date Friday, the 1st day of June, 
1888, in pursuance of section 96 of " The Canada Temperance Act," the 
Order in Council of the Itth January, 1885, whereby the second part of 
the said Act was brought into force in the County of S"orfolk, was revoked. 

Vide Canada Gazette, Vol. XXI, p. 2559. 



By an Order in Council bearing date Friday, the 1st day of June, 
1888, in pursuance of section 96 of " The Canada Temperance Act," the 
Order in Council of the 12th December, 1884, whereby the second part 
of the said Act was brought into force in the County of Simcoe, was 
revoked. 

Vide Canada Gazette, Vol. XXI, p. 2560. 



By an Order in Council bearing date Friday, the 1st day of June, 
1888, in pursuance of section 96 of " The Canada Temi>erance Act," the 
Order in Council of the 28rd January, 1885, whereby the second part of 
the said Act was brought into force in the County of Dufferin, was 
revoked. 

Vide Canada Gazette, Vol. XXI, p. 2560. 

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ORDERS IN COUNCIL— APPENDIX. ccvii 

Secretary of State. 

By an Order in Conncil bearing date Friday, the Ist day of Jane, 
1888, in pursuance of section 96 of " The Canada Temperance Act," the 
Order in Council of the 20th January, 1885, whereby the second part of 
the said Act was brought into force in the County of Huron, was revoked. 

Vide Canada Gazette, Vol. XXI, p. 2560. 

By an Order in Council bearing date Friday, the 1st day of June, 
1888, in pursuance of section 96 of " The Canada Temperance Act," the 
Older in Council of the Vjth January, 1886, whereby the second part of 
the said Act was brought into force in the County of Bruce, was revoked. 

Vide Canada Gazette, Vol. XXI, p. 2560. 



By an Order in Council bearing date Friday, the Ist day of June, 
1888, in pursuance of section 96 of ** The Canada Temperance Act," the 
Order in Council of the 3rd January, 1886, whereby the second part of 
the said Act was brought into force in the United Counties of Stormont, 
Dundas and G-lengarry, was revoked. 

Vide Canada Gazette, Vol. XXI, p. 2560. 



By an Order in Council bearing date Friday, the 1st day of June, 
1888, in pursuance of section 96 of " The Canada Temperance Act,** the 
Order in Council of the 25th June, 1881, wherebv the second part of the 
said Act was brought into force in the County of Halton, was revoked. 

Vide Canada Gazette, Vol. XXI, p. 2561. 



By an Order in Council bearing date Monday, 2nd day of July, 1888, 
in pursuance of section 96 of " The Canada Temperance Act," the Order 
in Council of the 80th December, 1888, whereby the second part of the said 
Act was brought into force in the County of Stanstead, was revoked. 

Vide Canada Gazette, Vol. XXII, p. 78. 



By an Order in Council bearing date Saturday, 17th day of September, 
1887, it is declared that no election for the revocation of an Order in Council 
under the Canada Temperance Act, bein^ Chap. 106 of the Revised Statutes 
of Canada, shall be authorized to take place earlier than fifteen days before 
the expiration of three years from the date of the coming into force thereof 
Tmder such Order in Council. 

Vide Canada Gazette, Vol. XXI., p. 657. 



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TABLE OF CONl^ENTS. 



ACTS OV IMPBUAL PABLIAMIlfT, IMPlRTiLL TBIAT1I0, DBSPATOHM AND 0BDJB8 IN COUNCIL OP Till 
IMPBRIAL OOYBRHMUIT, CAHADIAB 0R0BR8 IM COUNCIL AND PBUCL AM ACTIONS, AND OTHER DOCUMBNTS. 



IMPERIAL ACTS. 

PAGE 

An Act to amend the Superannuation Acts, 1834 and 1859, and 

for other purposes iii 

An Act to amend in certain minor particulars some of the enact- 
ments relating to Merchant Shipping and Seamen ix 

An Act to amend the Appellate Jurisdiction Act, 1876 xii 

IMPERIAL ORDERS IN COUNCIL, TREATIES, PROCLAMATIONS 

AND DESPATCHES. 

Extradition Treaty with the King of the Belgians xvii 

Order in Council under Foreign Jurisdiction Acts, 1843 to 1878, re- 
lating to the Ottoman dominions xix 

Order in Council under Foreign Jurisdiction Acts, 1843 to 1878, re- 
lating to China, Japan and Corea xxiv 

Order in Council under Foreign Jurisdiction Acts, 1843 to 1878, re- 
lating to Siam xxviii 

Proclamation respecting coinage xxxii 

Foreign Deserters Act, 1852, extended to the dominions of the 

King of the Hellenes xxxiv 

Foreign Deserters Act, 1862, extended to the Republic of Paraguay xxxv 

Draft of proclamation resi)ecting coinage of " sixpences " xxxvi 

Rules under section six of the Superannuation Act, 1887...- xxxvii 

CANADIAN ORDERS IN COUNCIL, PROCLAMATIONS, &c. 

Orders in Council disallowing Acts of the Province of Manitoba.. xliv 

Order in Council disallowing Act of the Province of Quebec « . xliv 

Orders in Council, &c., on subjects connected with the Depart- 
ment of Agriculture xlv 

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0c« TABLB OP CONTENTS, 

PAQl 

Orders In Council, &c., on subjects connected with the Depart^ 

ment of Customs liv flnrf excii 

Orders in Council, &c., on subjects connected with the Depart- 
ment of Fisheries Ixi and cxciv 

Orders in Council, &c., on subjects connected with the Depart- 
ment of Indian Affairs Ixiv and ccv 

Orders in Council, &c., on subjects connected with the Depart- 
ment of Inland Revenue ; xcviii a^rf cxcv 

Orders in Council, &c., on subjects connected with the Depart- 
ment of the Interior ci and cxcix 

« 

Orders in Council, &c., on subjects connected with the Depart- 
ment of Justice ■ clvi 

Orders in Council, &c., on subjects connected with the Depart- 
ment of Alarine - clxiv and ccii 

Orders in Council, &c., on subjects connected with the Post Office 

Department clxxiiz 

Orders in Council, &c., on subjects connected with the Depart- 
ment of Public AVorks clxxiv and ccii 

Orders in Council, &c., on subjects connected with the Depart- 
ment of Railways and Canals clxxxvi and cciv 

Orders in Council, &c., on subjects connected with the Depart- 
ment of Secretary of State clxxxviii and ccxi 

APPENDIX. 

Proclamation — Sir Frederick Arthur Stanley assuming office as 

Governor General of Canada..... cxci 

Orders in Council, on subjects relating to Customs cxcii 

Orders in Council, on subjects relating to Fisheries cxciv 

Orders in Council, on subjects relating to Inland Revenue cxcr 

Orders in Council, on subjects relating to the Interior cxcix 

Order in Council relating to Marine ccii 

Order in Council, relating to Publico AVorks ccii 

Orders in Council, &c., on subjects relating to Railways and Canals cciv 

Order in Council relating to Indians ccv 

Orders in Council respecting "Canada Temperance Act" ccvi 



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INDEX 



TO 



ACTS OF IMPERIAL PARLIAMENT, IMPERIAL TREATIES, DES- 
PATCHES AND ORDERS IN COUNCIL OF IMPERIAL 
GOVERNMENT, CANADIAN ORDERS IN COUNCIL 
AND PROCLAMATIONS AND OTHER 
DOCUMENTS. 



PAGE. 

ACT, Imperial, to amend the Superannuation Acts - - iii 

Act, Imperial, to amend Merchant Shipping Acts - - ix 

Act, Imperial, to amend Appellate Jurisdiction Act - - xii 

Adulteration Act, regulations made under the - - - ci 

Agnes, Que., to be an outport of Customs - - - - lix 

Agriculture and Statistics, Orders relating to Department of - xlv 

(And see the subjects and localities speciall// affected.) 

Algoma, Indian lands in, mining regulations applicable to - xcvii 

Animals for improvement of stock, importation of - - Ivii 

Appellate Jurisdiction Act, 1887, Imperial - - - xii 

Amprior, Ont., to be an outport of Customs - . - Ix 

BEAVER River, outport of, abolished - - - - Ixi 

Belgium, Extradition Treaty with ... - xvii 
Blind. See Schools for the blind ----- cxcii 

Bonded manufactories, regulations - - - - cxcv 

Bowmanville, name of por^of Port Darlington changed to - Ix 

Braids, yarns used in making, placed on free list - - cxcii 

British Columbia, coal lands, regulations - - - - cxcix 

British Columbia, Dominion Lands in, regulations - - ci 

British Columbia, mining regulations - - : • cxxix 

British Columbia, Quarantine regulations - - - 1 

British Columbia, regulations respecting entry of spirits into - xcix 

Brome, County of, to form part of an inspection district - - ci 

Brome Lake, Que., set apart for propagation of fish - - Ixi 

Bruce, County of, Canada Temperance Act not in force in - ccvii 

Buckle clasps, steel for, placed on free list - - - cxcii 

Buctouche, N. B., rules for government of wharf at - - clxix 

CANADIAN Pacific Railway, section near Sudbury, R.S.C., chap. 

151 no longer in force - . - - - clxxxi 
Canada Temperance Act, when election for revocation of OrdtT 

may be held - - - ... - ccvii 

Carleton Branch Railway acquired by Canada - - clxxxvi 

Cascades, Que., rules for government of wharf at the - - clxv 

Digitized by CjOOQIC 



ccxii INDEX. 

PAGE 

Charlotte, herring fishing in County of, regulations respecting Ixii 

China, Japan and Corea Order in Council - - - - xxiv 

Coal lands, n^gulations ----- cxc x 

Coal lands in Indian reserves, regulations for disposal of - Ixxxvii 

Cobourg, Inland lievenue Division of, abolished - - xcix 
Coinage ...--. xxxii and xxxvi 

Cords, yarns used in making, placed on free list - • - cxcii 

Corn for distillers, drawback on foreign ... Hx 

Cornwallis, N. S., reduced to an outport of Customs - - cxciii 

Criminal Procedure Act, amendments, when to be in force - clix 

Currencies, foreign, values for Customs duties - - - liv 
Customs, Orders relating to Department of - - - liv and cxcii 
(And see the subjects and localities specially affected.) 

DIGrBY, County, pilotage district abolished - - - ccii 

Disallowance of British Columbia Act - . *• - clxiv 

Disallowance of Manitoba Acts - - - - - xliv 

Disallowance of Quebec Acts ----- xliv 

Distillers. See Corn ------ lix 

Dominion Lands Regulations, British Columbia • - c 

Dufferin, County of, Canada Temperance Act not in force in - ccvi 

ECONOMY, pilotage district, regulations established - clxxi 

Electric wires, yarn for covering, placed on free list - - cxciii 

Esquimau, B. C, Graving Dock, by-laws - - - clixviii 

Esquimau, B. C, pilotage by-laws amended - - clxiv and clxxii 

Exchequer Court, Rules of - - - - - clx 

Eeference of claim by head of Department - - clx 

Expropriation .... - clx 

Motion for judgment by default - - - clx 

Discovery of documents .... clxi 

Matters pending before the official wbitrators • clxi 

Schedule of forms ----- clxi 

Extradition Treaty with Belgium ----- xvii 

FISHERIES, Orders relating to Department of - - Ixi and cxciv 

(And see the subjects and localities specially affected,) 
Foreign Deserters Act, 1852, to apply to the Hellenes - • xxxiv 

Foreign Deserters Act, 1852, to apply to Paraguay - - xxxv 

Free list, articles placed on - - Ivi, Iviii, lix, Ix, cxcii and cxciii 

Fringes, yarns used in making, placed on free list - - cxcii 

G-LOVE leather, duty on - - - - - - viii 

Governor General, proclamation of appointment - - - cxci 

Grenville Canal, closed to rafts ----- cciv 

HAGERSVILLE, Out., to be an outport of Customs - - Ixi 

Halton, County of, Canada Temperance Act not in force in - ccvii 

Hellenes, Kingdom of the. Foreign Deserters Act, 1852, to apply to xxxiv 

Herring fishing, County of Charlotte, regulations respectiM • Ixii 

Digitized by CjOOQIC 



INDEX. ccxiii 

PAGE 

Hillsboro', reduced to outport of Customs - - - Ivii 

Huron, County of, Canada Temperance Act not in force in - ccvii 

ICE creepers, steel for, placed on free list - - - cxcii 

Indian Affairs, Orders relating to Department of - - - Ixiv 

{And see the subjects and localities specially affected.) 

Indian lands, mining regulations applicable to - - - Ixiv 

Indian lands in Algoma, mining regulations applicable to - xcvii 

Indian lands, removal of timber by settlers on, regulations - ccv 

Indian lands, sale to settlers of pine and spruce on • - xcvii 

Indians lands in Ontario and Quebec, sale of timber on - - Ixxxviii 

Indian lands, surrendered, regulations for disposal of - - Ixxxvi 

Indian reserves, disposal of coal lands in - - - - Ixxxvii 
Inland Revenue, Orders relating to Department of • xcviii aid cxcv 

(And see the subjects and* localities specially affected.) 

Inland Revenue Districts and Divisions established - . xcix 
Interior, Orders relating to Department of - - ci and cxcix 

{And see the subjects and localities specially affected.) 

Iron bridges, rate of duty on iron or steel for - - - Ivi 

JAPAN. See China -...-. xxiv 

Justice, Orders relating to Department of - - - - clvi 

{And see the localities and subjects specially affected.) 

Jute yarn placed on free list .... - cxciii 

LACHINE Canal, tolls for excursion steamers - - - cciv 

LacoUe, Que., reduced to an outport of Customs - - - Ix 

Lethbridge, N.W.T , to be an outport of Customs - - Iviii 

Liscombe. See St. Mary's - - - - - - clxx 

Lobster fishing, regulations respecting - - - Ixiii and cxciv 

MANITOBA Acts disallowed - - - - - - xliv 

Manitoba, coal lands, regulations - - . - - cxcix 

Manitoba, mining regulations ----- cxxix 

Manitoba, Quarantine regulations - - - - - 1 

Marine, Orders relating to Department of - - - clxiv and ccii 

{And see the subjects and localifies specially affected.) 

Merchant Shipping Acts, Imperial Act amending - - . Ix 

Mining regulations, Manitoba, Territories and British Columbia cxxix 

Mining regulations, applicable to Indian lands in Algoma - xcvii 

Mining regulations, applicable to Indian lands - - Ixiv 

NANAIMO, B.C., pilotage by-laws amended - - - clxxiii 

Naturalization Act, regulations made under the - clvi and clxxxviii 

Noils placed on free list --..-. Ivi 

Non-potable spirits, regulations respecting removal of - xcviii 

Norfolk, County of, Canada Temperance Act not in force in - ccvi 

North-West Mounted Police, lani in Rocky Mountains Park re- 
served for - - - - - - ci and cxxix 

l?orth-West Territories, coal lands, regulations - - - cxcix 

' Digitized by CjOOQ It 



ocxiv INDEX. 

PAGE 

North-West Territories, additional jxiwers conferred on Lieutenant- 

Grovernor ...•-- clix 

North-West Territories, mining regulations - - - cxxix 

North- West Territories, Quarantine regulations - - 1 
Northern and Pacific Junction Railway, passenger and freight 

rates ---.--.- clxxxvi 

OTTOMAN Order in Council - - - - - xix 

PARAGrUAY, Foreign Deserters Act, 1852, to apply to - - xxxv 

Parrsboro', N.S., pilotage by-laws amended - - - clxxiii 

Penitentiary regulations .... - - - clvi 

Salaries of officers . - - - - - clvi 

Residences and grounds ----- clvii 

Uniforms - - - - . • - clviii 

Sale of articles to officers ----- clviii 

No additional salary for certain work - - clix 

Peterborough, Inland Revenue Division of. constituted - - xcix 

Peterborough, Iiiland Revenue Division, transferred to Kingston 

District .--..-- cxcv 

Plough plates, &c., rate of duty on - - - - cxciii 

Port Darlington, Ont., port of, name changed - - - Ix 

Post Office Department, Orders relating to - - - - clxxiii 

(And see the localities and subjects specialbj affected.) 

Prince County, P.E.I., wreck and salvage district established- clxx 

Public Works, Orders relating to Department of - - clxxiv and ccii 

(And see the localities and subjects specially affected.) 

QUARANTINE regulations, further, for vessels by the St. Law- 
rence - - - . - - - - xlv 
Quarantine reglilations, revised, for animals in Manitoba, the 

Territories and British Columbia - - - - 1 

Quebec, Act of, disallowed - . - - - - xliv 

Quebec Central Railway Co., Act of Quebec respecting, confirmed cciv 

Quebec Graving Dock, by-laws - . - - - - clxxiv 

RAILWAYS and Canals, Orders relating to Department of clxxxvi and cci 

{And see the localities ani subjects specially affected.) 

Renfrew, County of, Canada Temperance Act not in force in - ccvi 

Richmond, County of, to form part of an inspection division - ci 
Rocky Mountains Park, reservation of land for use of Mounted 

Police - - - - - - ci and cxxxix 

Rouge Boom Company, tariff* of tolls ... - clxxxi 

Salmon fishing, season for - - - - - cxciv 

Salmon River, N.S., to be an outport of Customs - - Ixi 

Schools for the blind, crertain articles for use of, placed on free list cxcii 

Sheffbrd, County of, to form part of an inspection division - ci 

Sherbrooke Post Office inspector's division established - - clxxiv 

Siam Order in Council ------ xxviii 



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PAGE 

Bjlver Islet, Gut., outport of, abolished ? ? t ? Ixi 

Simcoe, County of, Canada Temperance Act not in force in ccvi 
Secretary of State, Orders relating to Department of clxxxviii and ccvi 

{And see the localities and subjects specially affected.) 

Smelt fishery, regulations respecting the - - - Ixiii 

Spirits, regulations respecting their entry inio British Columbia xcix 

Spirits, non-potable, regulations respecting removal of - - xcviii 

St, Ann's lx)ck, tolls for excursion steamers - - - cciv 

St. Lawrence and Welland Canals, toll on certain food products - clxxxvii 

St. Mary's and Liscombe, pilotage district, by-laws and fees - clxx 

St. Mary's Bay, NS., pilotage district formed - - - ccii 

Stanstead, County of, Canada Temperance Act not in force in ccvii 

Stanstead, County of, to form part of an inspection district - ci 

Steel for buckle clasps and ice creepers, placed on free list - cxcii 
Stormont, Dundas . and Q-lengarry, United Counties of, Canada 

Temperance Act not in force in - - - - ccvii 

Stratford Post Office inspector's division established - clxxiii and clxxiv 

Streetsville, Ont., to be an outport of Customs - - - cxcii 

Superannuation Act, 1887, Imperial . . . - iii 

>'uperannuation Act, 1887, Rules under - - xxxvii 

Supreme and Exchequer Courts Act, 1887, when to be in force - clix 

Sweat leathers for hats placed on free list - - - Iv 

TASSELS, yarns used in making, placed on free list - - - cxcii 

Tilsonburg, Out., to be a port of entry for raw leaf tobacco - xcix 

Tobacco, raw leaf, Tilsonburg to be a port of entry for - - xcix 

Treaty of Extradition with Belgium - - - - xvii 

Trent Valley Canal, rates of toll amended - - - clxxxvi 

Trenton, timber dues imposed by^Town of - - - 

Trout fishing, regulations respecting - - - - ccii 

UPPER Ottawa Improvement Company, schedule of tolls - clxxxii 

VALLEYFIELD, Que., to be an outport of Customs - cxcii 

Vancouver, B.C., to be a port of entry • - - Ivi 

Victoria, B.C., pilotage by-laws amended - - clxiv and clxxii 

AYELLAND and St. Lawrence Canals, toll on certain food products clxxxvii 
Whip centres, heads and caps placed on free list - - Ivi 

Wire for certain purposes, placed on free list - - cxciii 

YARNS for braids, cords, tassels and fringes, placed on free list - cxciii 



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ACTS 



OF THl 



PARLIAMENT 



OW THl 



DOMINION OF CANADA, 

PAMID Dl TBI BMBIOM HILD Ul THl 

FIFTY-FIRST YEAR OF THE REiaN OF HER MAJESTY 

QUEEN VICTORIA, 



BUMtt TBI 



SECOND SESSION OF THE SIXTH PARLIAMENT, 

Begmm amd holden at Ottawa, on the twenty-third day o^ February, and 
ehiod by Prorogation on the twenty-second day of May^ 1888. 




HIS RXOELLBNOT 

ID lOST lONOUBLE SIR EEIY CHARLES Ml VARQDESS 'OF \mm% 

G071BV0S GIKIRAL. 



VOL. I. 

PUBLIC GENERAL ACTS 



OTTAWA: 

PRIHTSO BY BROWN OHAMBSRLIJI, 

UAW PRINTER TO THE QUEEN'S HOST UOELLBNT MAJESTY, 

4HV0 DOMIHI, 1888. 



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1 



A. SENEGAL, 

SUPEBINTENDENT OF PRINTINQ. 



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51 YICTORIA. 



CHAP. I. 



An Act for granting to Her Majesty certain sums of 
money required for defraying certain expenses of the 
public service, for the financial years ending respec- 
tively the 30th June, 1888, and the 30th June, 1»89, 
and for other purposes relating to the public service. 

[Assented to 22nd Map, 1888.] 

Most Gracious Sovereign, 

WHEREAS it appears by Messages from His Excellency PrMmbie 
the Most Honorable the Marquess of Lansdowne, 
Governor General of Canada, and the estimates accompany- 
ing the same, that the sums hereinafter mentioned are 
required to defray certain expenses of the public service of 
Canada, not otherwise provided for, for the financial years 
ending respectively the thirtieth day of June, one thou- 
sand eight hundred and eighty-eight, and the thirtieth day 
of Jtme, one thousand eight hundred and eighty-nine, and 
for other purposes connected with the public service ; May 
it therefore please Your Majesty that it may be enacted, 
and be it enacted by the Queen's Most Excellent Majesty, 
by and with the advice and consent of the Senate and 
House of Commons of Canada, that : — 

!• From and out of the Consolidated Revenue Fund of f ^"g*'*'\^* 
Canada there shall and may be paid and applied a sum not ye^r 1^7-88, 
exceeding in the whole one million seven hundred and |i, 794,772.63. 
ninety-four thousand seven hundred and seventy- two dollars 
and sixty-two cents, towards defraying the several charges 
and expenses of the public service of Canada, from the first 
day of July, in the year of Our Lord one thousand eight hun- 
dred and eighty-seven, to the thirtieth day of June, in the 
year of our Lord one thousand eight hundred and eighty- 
eight, not otherwise provided for, and set forth in Schedule 

VOL. I— IJ 8 Jl t 

Digitized by LjOOQIC 



Chap. 1. 



Supplies. 



51 Vict. 



A to this Act, and also for the other purposes in the said 
schedule mentioned. 

Snmgranted 2. From and out of the Consolidated Eevenue Fund of 
yLx iSm9, Canada there shall and may be paid and applied a sum not 
$24,648,691.85 exceeding in the whole twenty-four million five hundred 
and forty-eight thousand five hundred and ninety-one dol- 
lars and eighty-five cents, towards defraying the several 
charges and expenses of the public service of Canada, from 
the first day of July, in the year of Our Lord one thousand 
eight hundred and eighty-eight, to the thirtieth day of June, 
in the yea^ of Our ]U)rd one thousand eight hundred and 
eighty-nine, not otherwise provided for, and set forth in 
Schedule B to this Act, and also for the other purposes in 
the said schedule mentioned. 

Aoeounttobe 3* A detailed account of the sums expended under the 
SSifl^ ^^ authority of this Act shall be laid before the House of Com 

mons of Canada during the first fifteen days of the then 

next Session of Parliament. 



DecUratoij 
as to certain 
loans anthor- 
ised bnt not 
raised. 



4. And whereas there remained on the thirty-first day of 
December last, unborrowed and negotiable, of the loans 
authorized by Parliament for the several works hereinafter 
mentioned, and for general purposes, the sums opposite to 
each, respectively, that is to say : — 



For Intercolonial Railway 

For opening communication and administra- 
tion of the Government in the North- 
West Territories 

For improvement of the Eiver St. Lawrence- 
do do Quebec Harbor 

For the Quebec G-ravingDock 

For the Harbor of Three Kivers 

For the Pacific Bailway and Canadian Canals 

For general purposes, balance 

30th June, 1887 10,324,014 38 

For Savings Bank with- 
drawals to 81st December, 
1887 5,881,439 67 

For four per cent, funded debt 
redeemed to 8 1st Decem- 
ber, 1887 753,706 77 

For Dominion stock redeemed 

to 81st December, 1887.... 85,112 89 

For sterling debentures re- 
deemed to 81st December, 
1887 240,900 00 



$2,483,888 38 



1.460,000 00 
8,006,000 00 
2,975,000 00 
910,000 00 
82,000 00 
3,898,888 32 



$16,786,178 66 



Digitized by 



G 



Deduct 



1888. Supplies. ' Chap. 1. 

Deduct : — Sav- 
ings Bank de- 
posits to Slst 
December, 
1887 6,028,223 11 

Currency bonds 
issued to Slst 
December, 
188*7 60,000 00 



5,078,223 77 

11,706,949 89 



$26,466,616 64 



Therefore it is declared and enacted, that the Q-overnor ^^^^^ . 
in Council may authorize the raising of the several sums ^l„ rs"., 
above mentioned, as they may be required for the purposes c ». 
aforesaid, respectively, under the provisions of " The Conso- 
lidated Revenue and Audit Act ;" and the sums so raised shall 
form part of the Consolidated Revenue Fund of Canada, 
out of which like sums shall be applicable to the several AppUcatton 
purposes aforesaid, under the Acts and provision^ thereunto Jiiise™' *^ 
relating respectively. 



SCHEDTJLEqqqI^ 



Chap. 1. 



Supplies. 



51 ViOT. 



SCHEDULE A. 

Sums granted to Her Majesty by this Act for the Financial Tear 
ending 30th June, 1888, ana the purposes for which they are 
granted. 



SERVICE. 



CHARGES OF MANAGEMENT. 

To pa J Thomas Grimmen for acting as Savings Bank agent at 
Ifewcastle, N.6., from 3rd November, 1886, to 4th November, 1887. 

CIVIL GOVERNMENT. 

Finance Department :— To provide for the salary of J. C. 

Sannders for one year, from 1st July, 1887 $ 660 00 

To pay R. W. Baxter the difiference between his 
own salary and that of the Accountant of Oontin- 

Sencies, whose duties he performed from the 10th 
[arch to 30th June, 1886 245 48 




Auditor General's Office : — To provide for the salaries of 
two third class clerks, one from 1st July, 1887, to 
30th June, 1888, at $400 per annum, and one, Iva 
A. Martin, from 1st August, 1887, to 30th June, 

1888, at $800 per annum, $733.34 $ 1,133 33 

One messenger, 6 months, at $500 per annum 250 00 

Department of Indian Affairs :— To compensate D. C. Bliss 
for performing additional official duty during Mr. 
Benson's absence for three months on account of 
illness $ 136 00 

To provide for the payment of arrears of salary to J. 
D. McLean, promoted from the 2nd to the 1st class 
by Order in Council of 20th September, 1887 77 75 

To provide for the payment to J. A. J. McEenna of 
arrears of salary as Minister's private secretary, 
being the difference between $200 and 1600 per 
annum, from 28th November, 1887, to 30th June, 
1888 236 67 



Railways and Canals :~To pay H. A. Fissianlt (over 27 
vears on staff and at same duties, promoted by 
Order in Council of 3rd September. 1885. from the 
rank of Ist class clerk to tnat of cnief clerk, from 
1st July, 1884, and whose examination, re€[uired 
in ordinary cases, is hereby dispensed with^ he 
bein^ a notarv, and therefore possessing technical 
qualijBcations) the difference between nis salary 
as a 1st class clerk and that of chief clerk, from 
1st July, 1884, to 30th June, 1887, $750, and from 
Ist July, 1887, to 30th June. 1888, }360 

Post Office Department :~To provide for payment to G.F. 
Everett Assistant Sunerintendent of the Money 
Order Branch, for performing the duties of Super- 
intendent during the absence from Canada of J. 
C. Stewart, the Superintendent, from the 21st 
Julv, 1887, to the 4th December, 1887, both days 
inclusive, being one half the difference between 
his salary, $2,300 a year, and that of Mr. Stewart, 
as Superintendent of the Money Order and Sav- 
ings Bank Branches, namely, $2,800, during the 
period above named, in accordance with Clause 
2, Section 51, of '* The Civil Service Act " 



$ 93 41 



Carried forward... 

6 



93 41 



Amount. 



895 48 



1,383 33 



450 42 



1,100 00 



3,829 23 



Digitized . 



Total. 



400 00 



400 00 



SCHEDULE 



1888. 



Supplies. Chap. 1. 

SCHEDULE A— Continued. 



SERnCh. 



Amonnt. * 



TotaL 



Brought forward $ 93 41 



CIVIL GOVERNMENT— Coii<fntt«i. 

To proYide for payment to D. Matheson, Assistant 
Superintendent of the Savings Bank Branch, for 
performing the daties of Superintendent during 
the absence from Oanada of J. 0. Steward 
the Superintendent, from the 21st July, 1887, to 
the 4th December, 188*7. both days inclusive, being 
one half the difference between his salary, $2,100 
a year, and that of Mr. Stewart, as Superintend- 
ent of the Money Order and Savings Bank 
Branches, namely: $2,800, during the period 
above named, in accoraance with Clause 2, Sec- 
tion 51. ot " The Civil Service Act " 130 78 

To provide for payment to W. H. Smithson, 
Assistant Accountant, for performing the duties 
of Accountant during the absence on leave of 
H. A. Wicksteed, the Accountant, from the Ist 
October, 1887, to the 31st December, 1887, and for 
acting as Accountant from the 1st to the 31st 
January, 1888, being the difference between his 
salary, $2,400 a year, and that of the Accountant, 
$2,800 a year, in accordance with Clause 2, Sec- 
tion 51, of " The Civil Service Act " 

To provide for payment to J. C. Stewart, of the 
difference between the amount provided for his 
salary, $2,800, as Superintendent of the Money 
Order and Savings Bank Branches, and his salary, 
$3,200 a year, authorized by Order in Council, as 
Financial Comptroller, from 1st February, 1888... 

To provide for payment to D. Matheson, of the 
difference between the amount provided for his 
salary, $2, 100, as Assistant Superintendent of the 
Savings Bank Branch, and his salary, $2,300, 
authorized by Order in Council, as Superintend- 
ent of the Savings Bank Branch, from the 1st Feb- 
ruary^ 1888 

To provide for payment to Henry Knauf, for 
translating German into English, and English 
into German « 



$ cts. 
3,829 23 



$ ctt. 
400 00 



Semuneration to Special Messenger for delivery of 
night mails at tne private residences of Ministers 
and Deputy Heads 



^rivy Council :— Statutory increase omitted in main Es- 
timate 



Carried forward.. 

7 



133 33 



166 67 



83 33 



300 00 



Department of Amcnlture:— For allowance for the Sec- 
retary of Department for performing the duties of 
the Deputy Head, from 1st July, 1887, to 30th June, 

^ 1888 :$ 700 00 

To increase, for technical services, the salary of Alfred 
Desjaroins, who was appointed a clerk of the 3rd 
class, at a minimum of $400, in the Patent Branch. 100 00 

To pay J B. Lynch for special services out of office 

hours, from 1st July to 31st October, 1887 100 00 



50 00 



50 00 



907 62 



300 00 



900 00 



6,936 W^ 

Digitized 



400 00 



SCHEDULE 



Chap. 1, Supplies^ 

SCHEDULE k— Continued. 



61 ViOT. 



SERVICE. 



Brought forward $ 50 00 

CIVIL GOVERNMENT— ConcZiidtfd. 



Difforence between the salary of the late Mr. Beaudry 
and that of L. J. Burpee, from 23rd Septemberi 
ISSY, to 30th June, 1888 

Additional amount for contingencies to proyide for 
the payment of Confidential Translation, &c., 
notwithstanding the 61st section of the Civil Ser- 
vice Act 



384 72 



100 00 



Department of the Secretary of State :— To pay E. Brous- 
seau $50 per annum from Ist July. 1880, to 30th 
June, 1888. An Order in Council granting him 
$1,460 from 1st July, 1880, was passed, whilst 
only $1,400 was provided by the Estimates of 
that year, and the aniual difference has never 
been made up $ 400 00 

To pay F. J. Audet, 3rd class Clerk, from 1st 

February to 30th June, at $600 per annum 208 34 

To pay P. Pelletier, Chief Clerk, from 1st March 

to 30th June, at $1,800 per annum 600 00 



Department of Printing and Stationery :— To pay increase 

of salary to Thomas Roxborough $ 3t 86 

Further amount required for contingencies 3,200 00 



Department of Justice :—For allowance to A. Power, Chief Clerk, for 
performing the duties of the Deputy Head from the date of 
appointment of Mr. Justice Burbidge to the Exchequer Court 
(lit Oct. 1887). to the date of the appointment of a Deputy Minister 
(26th Feb., 1888) .....:. 



Department of Inland Revenue :— To pay W. Carter the difference 
between his salary and that of the Secretary of the Department, 
from 11th November, 1887, to the 19th February, 1888, durinir the 
illness of the latter . . ... 



DOMINION POLICE. 

Farther amount required to complete the service for the year 1887-88 

LEGISLATION. 

Home of Commons :— To pay the widow of the late R. 
Campbell, Esq., M.P., amount of his Sessional 
indemnity and mileage, for Session of 1887 $ 1,021 00 

Bessional indemnity for the late Alexander Robertson, 
Esq., M.P., payable to his mother, Mrs. Jane 
Robertson 1 Oqq qq 

Balanee of indemnity and mileage for the late George * 

Clayes, Esq., M.P., payable to his widow 983 20 

To meet probable expenses in connection with the 
tfigl of corrupt practices at Elections under 
R.S.C., chapter 9, section 77 1000 00 

To provide for the promotion of W. C. Bowles from 
the rank of first-class clerk to that of chief clerk, 
from 1st January, 1888, at $2,200 per annum 200 00 

To cover amount expended, during recess, for extra 

French translation 2 144 00 

Publishing Debates './.... 4592 51 

Carried forward 

8 



Amount. 



$ ets. 
6,936 76 



634 72 



1,208 34 
3,237 86 

704 00 

137 62 



10,940 71 



10,940 71 



Digitized i 



TotaL 



400 00 



llt769 18 



500 oa 



12,669 18 



SCHEDULE 



1888. 



Supplies. 
SCHEDULE A— Continued. 



Chap. 1. 



SERVICE. 


Amount 


Total. 


BrouGrht forward 


$ cts. 
10,940 71 

26,300 00 
250 00 

2,014 31 


$ ets. 

12,669 18 


LEQlSLATlOlf— Concluded. 

Franchise Act :— To pa^ E. G. Pulford, for extra services 
in connection with the administration of the Fran- 
chise Act • $ 200 00 

Printing voters' liats^ 3,600 00 

Further amount required for the Franchise Act in- 
cluding expenses of bailiffs and clerks caused by 
the holding of prelimlQary revisions for 1886 at 
more than one place in the electoral division— the 
Act having authorized the holding of the revision 

at one place only 20,000 00 

Expenses actually incurred for advertising, printing, 
stationery, postage and clerk's services under 
instructions from revising officers in connection 
with the expected revision of 1887 2,600 00 






Library of Parliament :— To pay Joseph Lafontaine, an extra mes- 
senger • 




Senate : — Amount required to make up the salary of the late Hon. J. B. 
Plumb, as Speaker, to 30th June, 1888, $1,204.31 ; and balance of 
his Sessional allowance. ^10 






39,506 02 
16,000 00 


ARTS, AGRICULTURE AND STATISTICS. 
Colonial and Indian Exhibition 




IMMIGRATION. 
GratnitT to Mr. Charles Fov. late Immiorration Asreut at Belfast 




1,000 00 


PENSIONS. 

Private Montgomery Smith, No. 5 Company, 26th Bat- 
tolion—Pension from 26th January, 1872, to 9th July, 

1885, inclusive, 4,914 days, at 25 cents $ 1,228 60 

From 10th July, 1885, toSlst December, 1887, inclusive, 

906 days, at 30 cents 271 60 


1,500 00 
3,000 00 




Pensions payable on account of North- West Outbreak, 1885, to mounted 
nolice. Frince Albert volunteers and nolice scouts 






4 600 00 


MILITIA. 

CONTINOINGIES. 

To provide for the retirement of 2 Deputy Adjutants-General, gratuity 

of 2 years' pav each, at the rate of $1,700 per annum, $3,400 each.. 

Barracks in Britisn Columbia 


6,800 00 
4,000 00 


10 fiOO 00 


RAILWAYS AND CANALS. 

{Chargeable to Capital.) 

Intbrcolonial Railway. 

Increased accommodation at St. John ^ $ 2,500 00 


.>«f 

zed by V^SC. 




Increased accommodation at Moncton 5.000 00 








Carried forward 7,500 00 


84,464 20 


9 Digiti 


lEDULE 



Chap. 1. Supplies. 

SCHEDULE A— Continued. 



51 Vict. 



SERVICE. 



Amount. 



Total. 



Brought forward - $ 7,500 00 

RAILWAYS AND CANALS. 

{Chargeable to Capital) — Concluded. 

Intbboolonial Railwat— ConcZucfei. 

Increased accommodation at Rhi^re du Loup 4,000 00 

St. Charles Branch 71,000 00 

Pietou Town Branch 128,000 00 

Dartmouth Branch 6,000 00 

Indlantown Branch 5,000 00 

Snow sheds 39,000 00 

Rirldre du Loup Town Branch 400 00 

Construction 5,000 00 

Rolling stock 38,600 00 

To meet legal expenses in connection with the construction 

of the Cotton Factory Branch at Halifax, N.S 600 00 

Canadian Pacific Railway. 

To meet land claims and expenses on the Pembina 6ranch..$ 5,000 00 

To meet expenses of arbitration 31,500 00 

(This sum includes the remuneration to be paid to 
L. K. Jones, a permanent officer of the Department 
of Railways and Canals, as Secretary of the Com- 
mission, appointed by Order in Council, dated 27th 
February, 1888, and in addition to his regular salary.) 
To meet legal expenses in the case of Whitehead v«. The 

Queen 500 00 

Carlbton Branch Railway. 

To reimburse the Intercolonial Railway for accounts paid by that road.. 

Canals 

St Lawrence River and Canals 

Carillon Canal • , 

Murray Canal , 

St. Anne's Canal— To pay a gratuity of two months' salary to the 
undermentioned persons, whose services are no longer required 
owing to the completion of the works in connection with the forma 
tion of a channel above the lock at St. Anne's, River Ottawa — 

G. H. Henshaw $ 333 32 

H. G. Stanton 120 00 

Antoine Ranger 60 00 



RAILWAYS AND CANALS. 

{Chargeable to Income.) 

Canals. 



1,600 00 



Lachine — Construction of two bridges for foot passenger8.$ 
Chambly— Rebuilding lockwalls,and building new by-wash 

above Lock No. 2 5,000 00 

Rideau— Construction of a bridge at Brass Point 1,347 30 

Miscellaneous : — To pay claims and legal expenses for land 

damages 1,300 00 

Construction of new steam dredge and scows 14,000 00 

Royal Commission on Canal Leases 1,209 16 



$ cts. 



$ cts. 

84,464 20 



305,000 00 



37,000 00 



504 17 



342,504 17 



16,000 00 

1,800 00 

30,000 00 



513 32 



48,313 32 



24,516 46 



Carried forward 24,516 46 475,281 69 

10 Digitized SCHEDULE 



1888. 



Supplies. 
SCHEDULE A— Continued. 



Chap. 1. 



SERVICE. 



Brought forward.. 



RAILWAYS AND CANALS. 
{Char^eabU to /ntfoww)— Concluded. 
Railways. 
Boyal Commiasion on Railways 



\ 



PUBLIC WORKS. 

{Chargeable to Capital.) 

EsQUiMALT Graying Dock. 



To complete dock c„ 

For BetUement of Messrs. F. B. McNamee & Co.'s claim arising out of 
their contract for the construction of this dock with the GoYem< 
ment of British Columbia, in accordance with the recommendations 
made by a Select Committee of the House of Commons of the 
Dominion of Canada, at the Session of 1887 



PUBLIC WORKS. 

{Chargeable to Income.) 

Public Buildikgs. 

New BruMVfiek. 

Newcastle Post Office, Custom House, &c. — Balance due 

on contract, works, A^c $ 4,677 45 



Quebec. 

Montreal Drill Hall and Armories 25,500 00 

Montreal Custom House — Re-coYering roof with copper... 6,200 00 

Montreal Post Office— ImproYements 2,000 00 

St. R^gia Custom House— Repairs, Ac 300 00 

St. Tincentde Paul Penitentiary. 13,600 00 

Orosse Isle Quarantine Station— Disinfecting house... 6,000 00 

Montreal Custom House — RemoYal of boiler from cellar 

to ground floor „ 3,700 00 



Ontario. 

Hamilton Post Office, Custom House, Ac 2,080 00 

Kingston Custom House— Repairs 1,800 00 

Parliament Buildings, Ottawa— ImproYements, furniture, 
Ac, Speakers' apartments, Senate and House of 

Commons 6,000 00 

Toronto Post Office 1,250 00 

Supreme Court Building, Ottawa^Pitting up apartments 

for Bzchequer Court, furniture, kc 3,000 00 

Yictoria Hall— Alterations and fittings in connection with 
transfer of National Art Gallery from the Supreme 

Court building to this hall 3,500 00 

Toronto Szamining Warehouse 5,287 51 



Amount. 



Carried forward . 



$ cts. 
24,516 46 



10,000 00 



50,000 00 



17,383 16 



11 



83,894 96 I , 

Digitized by 



Total. 



$ cts. 
475,281 69 



34,516 46 



67,383 15 



./r...... 577,181 30 

Schedule 



10 Chap. 1. Supplies. 61 ViOT. 

SCHEDULE k— Continued. 



SERVICE. 



Broaght forward $83,894 96 

PUBLIC WORKS. 

{Chargeable to /ncoww)— Continued. 

Ontario — Concluded. 

Victoria Hall, Ottawa— Half lot purchased on Queen 

Street, Ottawa, in rear of hall 1,550 00 

St Catharines Public Building— Improvements, kc 1,500 00 

Kingston Penitentiary 6,000 00 

Manitoba, 
Winnipeg Mounted Infantry School : 2,216 85 

North-West Territoriet. 

McLeod Custom House 1,000 00 

Regina Jail and Lunatic Asylum 6,000 00 

R«gina Court House Y20 00 

North- West Mounted Police Buildings 27,600 00 



Rkpairs, Furnituu, Hiating, kc, 

Ottawa Qeoloflrical Museum— Fitting up toj^ flat of ad- 
joining building for use in connection with Museum, 
furniture, &c $ 2,060 00 

Set of pigeon hole cases for use of Distribution Office, 

House of Commons 175 00 

Rent of site of old Parliament House, Quebec, for year 

ending 30th June, 1888 4,444 44 

Safes for Montreal Post Office 658 76 

Water, Dominion Public Buildings— Special water rates 
imposed by the Quebec City Corporation on Post 
Office builoing to meet outlay for new main, Ac, yiz., 
for the years 1884-85, 1885-66, 1886-87 and 1887-88 2,774 00 

Temporary offices for organization of new Government 

Printing Bureau— Rent and repairs 275 00 

Additional amount re<}uired to meet disbursements for 
petty repairs, Ac, m connection with Dominion Pub- 
lic Buildings, hitherto made by the various departments 
occupying the offices 2,000 00 



Harbors and Riybrb. 

Nova Seotia. 

Great Tan cook Island $ 1,200 00 

Sheet Harbor 2,000 00 

Margaretsville Breakwater 1,300 00 

Economy Breakwater 1,300 00 

New Bruntwiek. 

Dalhousie Ballast Wharf. 1,000 00 

Carried forward 6,800 00 

12 



Amount. 



cts. 



130,481 81 



12,377 19 



142,869^0^ 

Digitized 



Total. 



$ eta. 
577,181 30 



577,181 30 

SCHEDULE 



1888. 



Supplies. Chap. 1. 

SCHEDULE A.— Continued. 



11 



SBRVICE. 


Amount. 


Total. 






% cts. 


$ cts 


firouffht forward % fi.fiOO CO 1 


142,869 00 


577,181 30 


PUBLIC WORKS. 




(OharffeabU to /ncome)— Concluded. 








HABB0B8 AKD TLijWBB—Caneluded, 








Quebec. 








Long^enil $ 

RiTerNicolet 

General repairs and improvements 

New Carlisle 


2,600 00 

4,269 26 

7,000 00 

800 00 

17,500 00 






fiiTi^re da Li^yre ......•• 




Ontario, 








Lifctle Nation Riirer^RemoTal of obstmctions. 


1,000 00 






Manitoba, 






General repairs and improvements, harbors and rivers. 


1,500 00 






North-Weat Territories. 








North Saskatchewan River 


6,000 00 


47,469 26 














Dredging. 








New Dredging Plant $ 

Dredging—Quebec... 

do Manitoba 


12,000 00 
3,000 00 
6,000 00 


20,000 00 




Roads and Bridges. 






Bridge across the Bow River, near Calgary— To complete.! 

Reconstmction of roadwaj leading from Kideau Canal to 
dynamo house, at base of Parliament Hill, inclading 
new retaining wall 


6,600 00 
9,000 00 


16,600 00 










MiSOELLAKSOUS. 








Rnrvftvs and insDections , 




6,000 00 




Arbitrations and Awards. 






Settlement of claim of Madam Henrietta Ansboro Ennis, for salary due 
her late husband as Secretary of the Official Arbitrators, in accord- 
ance with judgment of Exchequer Court in her favor 


6,515 38 




Telegraph Lines. 






Telegraph Lines j North-West Territories, 








Line between Battleford and Edmonton vid Fort Pitt $ 

Line between Clark's Crossing and Prince Albert, includ- 
ing deviations to Stobart and Batoche— Re*poIing, kc. 


650 00 
6,600 00 


7,150 00 








246,493 63 




••.*.••...••*.•••. 


Carried forward. ...«••• 


822.674 93 



13 



Digitized by (JOHEDULE 



12 Chap. 1. Supplies. 

SCHEDULE A— Continued. 



51 Vict. 



SEfiVICB. 



Amount. 



Total. 



$ Ct8. 



Brought forward 

LIGHTHOUSE AND COAST SERVICE. 

To proTide for costs of defendant in suit Qneen v$, G«orge McLeod, 

owner of ship ** Minnie Gordon" 

Signal service , 



609 80 
1,000 00 



$ CtB. 
822,674 9S 



1,009 80 



FISHERIES. 



Fisheries, New Brunswick , 

To pajr balance of expenses in connection with the Lobster and Oyster 

Commission '. ., 

To paj litigation in re schooner '^ David J. Adams " 

To pay J. M. Oxley for services in re Fisheries Protection Service....... 

To paj W. H. Hajes for services in connection with Fishing Bounty 

payments .m.. , 



3,000 00 

1,979 19 

3,369 53 

16 00 

42 00 



INDIANS. 
Ontario and Qubbbc. 

To enable the Department to meet the expenses of the com- 
mission appomted under Order in Council to examine 
and report upon the claims of lessees of Indian Lands 
in the Township of Dundee, to obtain titles in fee $ 4,000 00 

To pay Miss C. F. Ryerson for copying surrenders of Indian 
Ifuids, 965 folios, at 60. 

Grant in aid of the Students' Fund of the Mohawk Institu* 
tion at Brantford 

To enable the Department to relieve cases of distress 
amongst Indians of Ontario 

British Columbia. 

To remunerate the Hon. Clement Cornwall for 
services rendered by him as a special Com- 
missioner to enquire into Indian matters on 
the north-west coast of British Columbia... $ 900 00 

And to reimburse living expenses paid by him 
while engaged on that service, forty days, 
at $5 200 00 



8,406^tl 



48 25 
392 29 
300 00 



4,740 64 



$ 1,100 00 



To cover the cost of expenses incurred in the employment 
of the Dominion, steamer ''Sir James Douglas''' with 
two Commissioners (one of whom was the Hon. Mr. 
Cornwall) attended by Secretary, Interpreters and 
servants 1,317 80 

To provide for ditching and breaking up lands in St 

Mary's Reserve, Kootenay 300 00 



North- West Tbrritorub. 

Grant in aid of the hospital at St. Albert's Mission, at 

which Indians frequently receive treatment $ 200 00 

To provide for an increase to the salary of Mr. Hayter 
Reed, Assistant Indian Commissioner, from $2,000 to 
$2,400 400 00 

To provide for the payment to the North-West Coal and 
Navigation Company of expenses incurred by it on 
account of preliminary steps taken to develop coal 
deposits witnin the districts t^terwards included in 
the Blackfoot Reserve, under the authority of Order 
in Council of 15th October, 1887 2,481 00 



2,717 80 



Carried forward 3,081 00 

14 



7,458 34 



832^90 45 



Digitized 



OHEDULE 



1888. 



Supplies, 
SCHEDULE A— Continued. 



Chap. 1. 



18 



SERVICE. 



Brought forward $ 3,081 00 



INDIANS- Conc/ttied 
North- West TsKBiTonisa^Concluded, 

To provide an additional grant of $30 jper head to each of 
nineteen pupils at the McDoagall Orphanage at Ifor- 
leyvillc 670 00 

To proTide salary for eight months, from 1st November, 
1887, to 30th June, 1888, for J. A. Macrae, appointed 
Inspector of Protestant schools in the Nortn-West 
Territories, under Order in Gouncil of 27th October, 
1887 800 00 

To proTide a similar payment for Mr. Albert Betoumay, 
appointed Inspector of Roman Catholic schools in the 
North- West Territories, under Order in Council of 
22nd December, 1887 800 00 

For an additional grant of $30 per head for each of fifty 

pupils at the St. Albert's Institution 1,600 00 

For salary to the teacher of an Indian school at Isle k la 

Crosse 300 00 



NORTH-WEST MOUNTED POLICE. 
Baqnlred to complete the service for the year 



MISCELLANEOUS. 

To meet expenses of Royal Labor Commission , 

To meet expenses of Washington Fishery Commission 

Printing and distributing Cnminal Statutes 

To pay difference between $600 and $700 in salary of F. F. Payne, 

employed as one of the observers on the Hudson Bay Expedition, 

from 1st November, 1886, to 1st July, 1887^ 

To pay W. S. Hodgins for completion of correspondence, petitions, 

reports and Orders in Councu respecting Provincial legislation. 

Canada Oautte 

Organisation of Printing Bureau 

To pay Messrs. Rowselllt Hutchison for twelve copies each of volumes 

twelve and thirteen of Ontario Law Rei)ort8 

To pav 0. E. Rouleau for twenty-five copies of D^bats du Conseil 

Xegislatif, Quebec 

To meet expenditure in connection with consolidation and preparation 

of Orders in Council 

To meet expenditure in connection with preparation of supplementary 

volume to the Orders in Council I. 

To pay a gratuity of two months' salary to the widow of the late Hugh 

Gavin, diver and carpenter on the Lachine Canal for the last 

forty-one years. 

Amount required for lithographing statistical diagrams 

Gratuity to the widow of the late George Eyvel, one of the official 

reporters of the House of Commons 

To pay for the undermentioned works for Library exchanges, &c. : — 

Fifty copies of Bourinofs Local Government in Canada 

Twenty-five copies of Banks and Banking and the Mercantile Law 
of Canada 

Forty copies of the D6bats de la Legislature de Quebec for 1887.... 

Twenty-five copies of L'Abb6 Tanguay's Dictionnaire G6n6alo- 
gique, volumes two, three and tour, at $4 per copy 

Twenty-five copies of L'Abb6 Casgrain's rMerinage au pays 
d'ESvang^line, at $1 per copy 



Amount. 



Carried forward.. 



$ cts. 
7,458 34 



7,061 00 



40,000 00 

18,000 00 

8,600 00 



66 64 

350 00 

800 00 

1,250 00 

120 00 

75 00 

6,300 00 

1,000 00 

91 00 
3,110 00 

1,000 00 

15 00 

43 75 
320 00 

300 00 

25 00 



Total. 



$ ets. 
832,590 4ft 



14,509 34 
100,000 00 



15 



81,466 39 



947,099 79 



Digitized by 



qsohedule 



14 Chap. 1. Supplies. 

SCHEDULE k— Continued. 



61 Vict. 



SERVICE. 



Brought forward 

MISCELLANEOUS— C7o«(jZtt(fed 

Twentj-five copied of OhauTean's Fr6d6ric Ozanam et ses (Buyres, 

at $1.60 per copj 

Twenty-five copies of B6chard'8 La Paroisse de St. Aagustin, at 

$1 per cop7 

Twenty-five copies of Tach6's Lea Hommes du jour, at 50 cents 
per copy 

To provide for payment to La Soci6t6 de Colonization de Manitoba in 
lieu of a free grant of land to which the Society is entitled 

Further amount required to pay for the survey, construction of roads, 
bridges and other necessary works in connection with the Hot 
Springs Reservation near Banff Station, North-West Territories.... 

To pay Mr. Justice Macleod rental allowance, in lieu of free quarters, 
from Ist July, 1884, to iTth March, 1887 

Further amount required to provide for the clothing and maintenance 
of patients from the district of Eeewatin, in the Manitoba Asylum 
for the insane 

Further amount required to provide for the clothing and maintenance 
of patients from the North-West Territories in the Manitoba 
Asylum for the insane 

Amount required to cover the salary and expenses of a Forestry Com- 
missioner 

Further amount required to provide for the expenses in connection 
with the Commission for tne settlement of the Half-breed Claims 
in the North-West Territories (including $600 to N. 0. Oot6. for 
services as Commissioner, notwithstanding anything in the Civil 
Service Act to the contrary) 

To provide an allowance of two months' pay to the widow of the late 
Henry J. Derham, an extra clerk of over seven years' service in 
the Patent Branch, who died 1st January, 1888 

Gratuity of two months salary to the widow of the late Thomas 
Lambkin, in his lifetime employed as Messenger and Watchman 
in the Department of Public Works 

Oratuit}^ to the widow of the late W. F. Fanning, for 60 years in the 
service of the Cistoms, Quebec 

COLLECTION OF REVENUES. 

Customs 

To cover amount expended under authority of a Governor 
General's Warrant, in the purchase of the steam 
launch ''Argus," for use of Customs Ofiicers at the 
Port of Halifax $4,680 64 

To pay A. J. McKenzie, Surveyor, in Her Majesty's Cus- 
toms at Hamilton, an allowance in adaition to his 
salary, for services as Acting Collector, from Ist 
November, 1884, to 1st February, 1887 1,237 50 

A mount to cover the Canadian contribution to the pro- 
posed international Bureau at Brussels for the purpose 
of collecting, translating, publishing and distributing 
information relating to Customs Tariffs 500 00 

Excise. 

To pay Peter Kastner the sum of $210.44, duty on malt 
used in the manufacture of beer, destroyed by fire 
24ih August, 1881, authorized by Order in Council of 
20th September, 1887 210 44 

To increase the salary of Albert Lafontaine, Excise 

Officer, Joliette, from $400 to $500, from 1st July, 1887. 100 00 



Carried forward., 



Amount. 



$ cts. 


$ eta. 


81,466 39 


947,099 79 


37 60 




25 00 




12 50 




1,600 00 




8,782 64 




1,356 17 





3,500 00 

4,000 00 
3,396 00 



5,000 00 
120 00 



16 



6,728 48 



Digitized . 



TotaL 



109,486 20 



1,056,685 99 



SCHEDULE 



1888. 



Supplies. Chap. 1. 

SCHEDULE A— Concluded. 



16 



SERVICE. 



Brought forward.. 



COLLECTION OF REYmVES— Concluded. 
CuLLiifG Timber. 
Cullers' Contingencies. 



Rail WATS and Canals. 

Repairt and Working JExpenset. 

Intercolonial Railway $477,000 00 

Cornwall Canal 1,600 00 

Williamsburgh 200 00 

Ridean 7,000 00 

St. Ours 360 00 

Chambly 850 00 

Dredge Tessels 4,000 00 

To pay J. A. Phelan, Collector of Canal Tolls, Cornwall, 
for loss sustained bj him by destruction of household 

efffects hj flood 126 00 

Canal Contmgencies.. 1,600 00 



Amount. 



$ cts. 
6.728 48 



1,600 00 



Gas Inspection Contingincies.. 
Adulteration or Food 



Minor Ritbnuss. 

Further amount required for Ordnance Lands 

Post Office. 

To complete the year* s provisional allowance in Manitoba . . $4, 000 00 
To complete the year's provisional allowance in British 

Columbia 1,000 00 



492,526 00 

1,000 00 
1,000 00 



1,383 28 



5,000 00 



Total. 



$ ots. 
1,056,686 99 



4,603 00 



Dominion Lands. 
Further amount to complete the service for the year 

TERRITORIAL ACCOUNTS. 
iCharffeable to Capital.) 

Further amount required to purchase and supply Seed Grain, as i 

loan, to remote sections or the North-West Territories 3,000 00 

Further amount required to meet expenses in connection with the 

suppression of the Outbreak 95,000 00 

Amount required for compensation to Alexander Hernia and Julien 

Cardinal, for services rendered during the Outbreak, $250 each.... 
To pa^ J. W. McEeen, for loss of time and health by reason of his 

being made a prisoner during the North-West Outbreak 

UNPROVIDED ITEMS. 

Unprovided items, 1886-87 as shown by the Auditor General's report 
for 1886-87, pages 46 to 53 



ToUl. 




613,739 76 



98,600 00 



126,846 87 
1,794,772 62 



VOL. 1—2 



17 



Digitized by 



GSCHEDULB 



16 



Chap. 1. 



Supplies. 



51 Vict. 



SCHEDULE B. 

Sums granted to Her Majesty by this Act, for the Financial Year 
ending 80th June, 1889, and the purposes for which they are 
granted. 



SERVICB. 



GHABGES OF MANAGEMENT. 



Financial Inspector • 

Assistant Financial Inspector 

Office of Assistant Receiver-General, Toronto 

do do Montreal 

do do Halifax 

do do St. John 

Anditorand do Winnipeg 

do do Victoria 

do do Gharlottetown 

Oountry Savings Banks, New Brunswick, Nova Scotia and British 

Gommbia, salaries* 

Gonntrr Savings Banks, New Brunswick, Nova Scotia and British 

Columbia, contingencies 

Gommission on $6,729,400.10, for pavment of interest on Public Debt 
Brokerage on purchases for Sinking Funds, viz. : — 

Intercolonial Railway Loan 

Rupert's Land Loan 

British Columbia Loan 

Brokerage and commission on purchases for Sinking Funds; vis. >- 

Dominion Loans of 1874, 1875, 1876, 1878 and 1879 

Dominion Loan of 1884 

do Canada reduced 

English bill stamps, postages, telegrams, Ac 

Expenses in connection with the issae and redemption of Dominion 

Notes - 

Printing Dominion Notes...... 

Printing, advertising, inspection, expressage, miscellaneous charges, 
&c., including commutation of stamp duty 



CIVIL GOVERNMENT. 



The Governor General's Secretary's Office 

The Office of the Queen's Privy Council for Canada.. 
The Department of Justice 

do do Penitentiaries Branch 

do , Militia 

do SecretaiT of State 

do Public Printing and Stationeiy... 

do Interior 

North- West Mounted Police 

The Department of Indian Affairs 

The OfSce of the Auditor General 

The Department of Finance and Treasury Board 

do Inland Revenue 

do Customs 

do Postmaster- General 

do Agriculture 

do Marine 

do Fisheries 

do Public Works 

do Railways and Canals 

Departmental contingencies 

Stationery Office, for stationeiy. 



Garried forward.. 



18 



Amount 



$ cts. 

2,600 00 
1,700 00 
7,600 00 
6,600 00 
10,000 00 
8,000 00 
6,600 00 
7,600 00 
4,900 00 

15,000 00 

3,000 00 
83,647 00 

768 24 
78 66 
41 45 

4,870 74 
1,042 70 
3,970 14 
2,000 00 

9,000 00 
40,000 00 

17,000 00 



9,750 00 
25,462 50 
19,926 00 
6,150 00 
42,600 00 
31,037 60 
22,620 82 

126,767 60 
8,680 00 
40,647 60 
25,760 00 
53,980 00 
41,175 00 
34,660 00 

185,075 00 
61,220 00 
24,912 60 
15,425 00 
43,510 00 
47,980 00 

199,260 00 
10,000 00 



1,066,45832 

Digitized 



SOH 



Total. 



$ ets. 



186,018 93 



1888. 



Supplies. Chap. 1. 

SCHEDULE B— Continued. 



It 




Brought forward 

CIVIL GOVERNMENT— Coniffittdct 



Amount required to provide for the contingent expenses of the High 
Comniissioner for Canada in London 



Amount estimated to be required for taxes and insurance for High 

Oommissioner's residence, including income tax 

Post Office and Finance Departments— Contingencies — ^Amount re- 
quired to make payment to those officers of the Savings Bank 
Branch} Post Omce and Finance Departments^ engaged in the 
balancing of, and computing interest on depositors^ accounts, to 
aoth June, 1888:— 

Post Office Department $1,850 00 

Finance do 1,250 00 



Amount re<|^nired for salaries of Board of Examiners and other ex 

penses in connection with the Civil Service Act 

Contingencies : — ^Remuneration to special Messenger for delivery of 

nignt mails at the private residences of Ministers and Deputies 

Department of Justice : — To provide for statutory increase 

to V. Webb, Messenger $ 30 00 

To par A. J. Horan an increase of salary on account 

or two optional subjects 100 00 



Department of Printing and Stationery : — Salary of one 

Second Class Clerk, T. Roxborough $ 1,150 00 

Salary of one Third Class Clerk, J. hughes 650 00 



Kortb-West Mounted Police :— To provide for an increase of salary to 

L. Portescue 

Post Office Department :— To provide for the salary of the Chief Clerk, 
Cashier, from the 1st July to the 30th September, at the rate of 

^' $2,400 a year 

Department of Indian Affairs : — To increase the salarv of 
John Austin, Clerk in the Registry Branch, from 

$700 to $850 per annum $ 150 00 

To increase the salary of Martin Benson, Clerk in the 
Correspondence Branch, from $1,300 to $1,350 per 

annum 

To increase the salary of Joseph Delisle from $950 to 
$1,000 per annum 



60 00 
60 00 



Privy Council :— To provide for the promotion of one Third 

Glass Clerk to a Second Class Clerkship $ 1,100 00 

To proTide for an increase of salary to a Messenger 

... . . - g^ ^ 



from $440 to $470, to date from 1st January. 1889. 

Contingencies :— To provide payment for confidential 

translation, &c., notwithstanding the 61st section 

of the Civil Service Act 



100 00 



Depcurtment of Marine : — To provide for the promotion of 

« First Class Clerk to a Chief Clerkship $ 50 00 

To provide for the promotion of a Third Cllass Clerk 

to the rank of Second 100 00 



Department of the Secretary of State :— To pay L. A. 
Oatellier. Deputy Rf eistrar-General, in addition 
to his salary as Chief Clerk $ 400 00 

To provide for the salary of one Third Class Clerk, 

M. F. J. Audet 612 60 

To provide for salary of the Chief Clerk, P. Pelletier... 1,812 60 



Carried forward., 

voii. I— 2 J 



$ cts. 
1,066,458 32 



2,000 00 
1,200 00 



3,100 00 

6,000 00 

300 00 

130 00 

1,700 00 
100 00 

600 00 



250 00 



1,230 00 



150 00 



2,725 00 



19 



. 1,085,943 32 



$ CtB 

186,018 93 



185,018 93 



SCHEDULE 



18 Chap. 1. Supplies. 

SCHEDULE ^—Continued. 



51 Vict. 



SERVICE. 



Brought forward 

CIVIL GOVERNMENT— Cofic/wcfecf. 

Department of Inland Revenue :— To pay W. Himswortb, Secretary of 
the Department < 

Auditor General's Office :— To increase the salary of Mr. Patterson, 
Assistant Auditor, from 1st July, 1887| $200 annually 



ADMINISTRATION OF JUSTICE. 

Miscellaneous Justice, includinji; North-West Territories 

Trayellinff expenses of Judges in the North-West Terntories 

Circuit allowances, British Columbia 

Trayelling allowances, Supreme and County Court Judges, Manitoba. 

Reporter of the Supreme Court of Canada 

Assistant Reporter of the Supreme Court of Canada, Second Class 

Clerk 

Clerk in the office of the Registrar of the Supreme Court of Canada 
Second Clerk in the office of the Registrar of the Supreme Court of 

Canada 

Senior Messenger of the Supreme Court of Canada . 
Second Messenger of the Supreme Court of Canada 
Third Messenger of the Supreme Court of Canada . 

Clerk, Stenographer, Exchequer Court 

Messenger, Exchequer Court 

Contingencies and disbursements ; Judges' travellinff expenses ; also 

salaries of officers (Sheriff, Registrar as Editor of Reports, Usher, 

Ac.,) in the Supreme and Exchequer Courts of Canada, and $160 

for books for Judges 



Printing, binding and distributing the Supreme Court reports.. 
Sundry disbursements connected with t' "' •• '^ 



the Maritime Court of Ontario, 
Judges' travellinff expenses, &c 

Salary of Registrar of the Vice-Admiralty Court, Quebec 

Salary of Marshal of Vice-Admiralty Court Quebec 

To provide Vice-Admiralty Court Rooms, St. John, N.B 

To provide Vice-Admiralty Court Rooms, Halifax 

For the purchase of law reports and text books for the Supreme Court 
Library 



DOMINION POLICE. 



Dominion Police 

Further amount required to complete the service of the year.. 



PENITENTIARIES. 



Kingston 

St. Vincent de Paul 

Dorchester 

Manitoba 

British Columbia 

Regina Jail 

Dorchester Penitentiary- 



-To provide for an increase to one Messenger. 

LEGISLATION. 
Senate. 



Salaries and contingent expenses of the Senate 

To pay amount of sessional indemnity to Hon. Mr. Fortin, who was 
prevented by illness fbom attending Parliament 



Carried forward. 



20 



Amount. 



$ cts 
1,085,943 32 



200 00 
400 00 



20,000 00 
4,000 00 
6,000 00 
2,500 00 
2,300 00 

1,200 00 
1,000 00 

850 00 
500 00 
600 00 
430 00 
800 00 
300 00 



5,000 00 
2,000 00 

100 00 
666 66 
333 34 
150 00 
150 00 

1,500 00 



16,500 00 
1,100 00 



118,429 85 
85,654 79 
46,304 50 
49,914 4S 
43,827 vS5 
13,000 00 
50 OU 



60,538 00 
1,000 00 



61,538 00 



Total. 



$ cts. 
185,018 93 



1,086,543 32 



50,280 00 



17,600 OO 



357,181 47 



1,696,623 72 



scheditiIk 



1888. 



Supplies, Chap. 1. 

SCHEDULE B— Continued. 



19 



SERVICE. 



Broaght forward 

LEGISLATION— Conc/atferf. 
Bouse op Commons. 



Salarj of the Deputy Speaker 

Salaries, per Clerk's estimate 

Expenses of Committees, Extra Sessional Clerks, &c 

Contin{[encie8 

Publishing Debates, Honse of Commons. (The authority required by 
section 61 of " The Civil Service Act," is hereby given for payini 
out of this vote such sums as may be required to pay sue) 
employees of the Oivil Service as it is necessary to employ to do 
duty as amanuenses to the Debates Staff of the House of Commons, 
for the present Session) 

Salaries ana contingencies, per SergeantratrArms* estimate 

To provide for the promotion of W^. C. Bowles, from the rank of First 
Class Clerk to that of Chief Clerk, for the year ending 30th June, 
1889 

To provide for the promotion of Treffl6 Ouimet, from the rank of Third 
Class Clerk to that of Second Class, at $1,100 per annum 

To provide for an increase of salary to Wilfred Dube, Third Class Clerk 

To provide for an increase of salary to F. X. Lemienx, Third Class 
Clerk ; 

To pay the widow of the late Hon. Thos. White the balance of his 
sessional indemnity 



To pav the widow of tne late Athanase Gaudet, Esq., M.P., the balance 
of his sessional indemnity and mileage ....*. 

To paj to C. J. Coursol, Esq., M.P., absent through illness, balance of 
his sessional indemnity and mileage 

Franchise Act im- 
printing voters' lists 



MlBClLLAKBOUS. 



Salaries of officers of the Library 

Grant to ParliamentaiT Library 

Purchase of woiks on America 

Contingencies of the Library 

Binding newspapers, &c 

Preparmg and reprinting the catalogue of the Library of American 

History 

Printing, binding and distributing the Laws 

Printing, printing paper aird book-binding 



ARTS, AGRICULTURE AND STATISTICS. 



For care of Archives 

For expenses in connection with Patent Record 

For expenses in connection with preparation of Criminal Statistics 

For expenses In connection with Health Statistics 

Outlay towards the establishment and maintenance of Experimental 

Farms ^ 

Aid to Agricultural Societies in the North- West Territories 

CeniDsand Statistics.. 



IMMIGRATION. 

Salaries of Agents and Employees, viz : — 

Agent, Quebec 

Assistant Agent, Quebec 



Carried forward . 



21 



Amount. 



$ cts 
61,538 00 



2,000 00 
66,650 00 
13,200 00 
24,000 00 



40,000 00 
33,462 50 



400 00 

100 00 
50 00 

50 00 

675 00 

545 00 

965 40 

16,500 00 



16,630 00 

10,000 00 

1,000 00 

2,500 00 

2,000 00 

2,500 00 
10,000 00 
80,000 00 



6,000 00 

9,500 00 

4,000 00 

10,000 00 

90,000 00 

10,000 00 

7,500 00 



1,700 00 
1,100 00 



2,800 00 

Digitized qi 



Total. 



$ cts 

1,696,623 72 



883,765 90 



137,000 00 



2.217,389 62 



SCHEDULE 



20 Chap. 1. Supplies. 

SCHEDULE 1&— Continued. 



51 Vict. 



SERVICE. 



Brought forward 

IMMIGRATION— Conc/ttidd. 

SalAries of AgentS; Ac — Concluded* 

Olerk, Quebec 

Interpreter, Quebec 

Messenffer, Quebec 

Agent, Montreal , 

do Ottawa ^ 

do Kingston 

do Toronto < 

do Hamilton 

do Londoui Ont 

do Halifax 

do St. John, N.B- 

do Winnipeg 

do Bmerson 

do Brandon 

do Qu'Appelle 

do Medicine Hat ~ 

do Calgary ^ 

do Port Arthur 

do Victoria, B.O 

Interpreter, Winnipeg 

Salaries, London Office, England..... 

do Agents, Europe 

Trayelling expenses, Agents, Europe 

Gontineencies, Canadian Agencies .*. 

Aid to Women's Protectiye Immigration Society, Montreal. 
Towards Immigration and Immigration expenses 



QUARANTINE. 



Medical inspection, Quebec. 
Quarantine, Grosse Isle., 



do 
do 
do 
do 
do 
do 
do 
do 



St. John, N.B 

Pictou, N.S 

Halifax, N.S 

Charlottetown, P.E.I 

Victoria, B.C 

Sydney, N.S 

Chatham, Miramichi, N.B 

Port Hawkesbury, N.S 

Tracadie Lazaretto 

To meet expenses of precautionary measures for Public Health 

To meet expenses for Cattle Quarantines : — 

Proyince of Quebec 

do Ontario 

Maritime Proyinces 

^[H^Province of Manitoba 

To meet possible expenses for sheep scab and cattle diseases , 

For payment for immigrant patients in Winnipeg and St. Boniface 

Hospitals 

Towards ac(}uiring steam tug for the inspection seryice under the new 
quarantine regulations at Grosse Isle 



PENSIONS. 



LadyCartier 

Mrs. Delany, wife of Indian Agent killed at Frog Lake 

Pensions payable on account of Fenian Raid 

To meet probable amount required for Veterans of War of 1812., 



Amount. 



Carried forward.. 



$ cts. 
2,800 00 



1,000 00 
660 00 
365 00 
1,300 00 
1,300 00 
1,300 00 
1,650 00 
1,260 00 
1,000 00 
1,000 00 
1,000 00 
1,400 00 
1,000 00 
1,400 00 
1,400 00 
1,200 00 
1,200 00 
1,000 00 
1,000 00 
800 00 
7,554 00 
6, TOO 00 
6,110 00 
21,000 00 
1,000 00 
50,000 00 



1,600 00 

13,564 16 

2,600 00 

800 00 

3,400 00 

1,000 00 

1,900 00 

1,900 00 

600 00 

300 00 

3,200 00 

15,000 00 

5,000 00 
8,000 00 
3,000 00 
2,000 00 
10,000 00 

10,000 00 

14,000 00 



1,200 00 

400 00 

3,355 60 

4,530 00 



Total. 



% cts. 
2,217,389 62 



116,389 00 



92,864 16 



22 



...I 9,485 60 2,426,642 78 
Digitized. SCHEDULE 



3888. 



Supplies. 
SCHEDULE B— Continued, 



Chap. 1. 



21 



SERVIOE. 



Brought forward 

PENSIONS— ConcZucforf. 



Compensation to Pensionera in lien of land 

Pensions payable on account of Rebellion of 1885, to Militiamen 

do do do Mounted Police, 

Prince Albert Volunteers and Police Sconts 

To repay the (^orernment of Prince Edward Island the amount paid 

by that Province annuallj on account of pensions, ttom Ist July, 

1873, and interest thereon, from dates or payment to 30th June, 

1888— 



Sir Robert Hodgson, pension, $4,029.87 interest, $2.094.49 

To pay a pension of $400 per annum to Mrs. Gowanlock, from the date 



of her husband's deatn, 1st April, 1885, to 30th June, 1889.. 
MILITIA. 



Salaries, Military Branch and District Staff. 

Brigade Majors' salaries, transport expenses, ke 

Anununition, including artillery ammunition, and manu- 
facture of small arm ammunition at the Cartridge 
Factory at Quebec $55,000 00 

Clothing and great coats 90,000 00 

Military stores 60,000 00 



Public armories and care of arms, includingpay of Storekeepers, Care- 
takers, Storemen and Armorers 

Drill instruction $ 40,000 00 

Drill pay and other incidental expenses connected with 

the drill and training of the Militia 250,000 00 



Contingencies and general serrices not otherwise provided for, in- 
eluding grants to Artillery and Rifle Associations and Bands of 
efBcient corps 

Government ^rant to the Dominion of Canada Rifle Association 

Dominion Artillery Association — Qovemment grant towards Artillery 
com]>etition to be held in Canada, or for sending a team of 
Dominion Artillerymen to compete at Shoeburyness, England.. 

Improved rifled ordnance 



Royal Military Oollefre of Canada 

Permanent Forces— Pay and maintenance of ** A," '^ B " 
and " C " Batteries, Schools of Artillery, at Quebec, 
Kingston and Victoria, B.O $172,700 00 

Cavalry and Infantry Schools, at Quebec^Fredericton, 

St. John's P.Q., Toronto, London and Winnipeg 360,000 00 



Military Properties— Drill sheds and rifle ranges.. $ 10,000 00 

Care and maintenance of military properties 12,000 00 

Constmction and repairs of military properties 75,000 00 

Barracks in British Columbia.. 



RAILWAYS AND CANALS. 

(Chargeable to Capital,) 

Railwatb. 

Canadian Pacific Railway. 

Constmction (including the remuneration to be paid to L. E. 
Jones, a permanent officer of the Department of Railways and 
Canals, as Secretary of the Commission of Arbitrators, appoint- 
ed bj Order in Council, dated 27th February, 1888, and in audition 
to his regular salary) 



U 



Amount. 

$ cts. 
9,485 60 



2,100 00 
25,000 00 

4,324 91 



6,124 86 
1,700 00 



14,100 00 
16,100 00 



205,000 00 
60,000 00 

290,000 00 



38,000 00 
10,000 00 



2,000 00 

59,000 00 

3,000 00 



522,700 00 



97,000 00 
4,000 00 



190,000 00 



Carried forward , i 190,000 00 



Total. 



$ eta 

2,426,642 78 



48,734 87 



1,319,900 00 



23 



3,795,277 66 



Digitized SCHEDULE 



22 Chap, 1. Supplies. 

SCHEDULE B— Continued. 



61 Vict. 



SERVICE. 



Amoant. 



Total. 



Brought forward.. 



$ cts. 
190,000 00 



RAILWAYS AND CANALS. 

iOhargrabU to C7dp»/a/)— Concluded. 

Railways— Concluded. 

Canadian Pacific Railway — Condaded. 

To pay L. *E. Jones, for terrices as Private Secretary to the Chief 
Engineer of the Canadian Pacific Railway, from Ist July, 1888, 
to 30th June, 1889 



Intercolonial Railway. 



Increased accommodation at St. John 

Increased accommodation at Spring Hill 

Increased accommodation at Maccan Station 

Increased accommodation at Moncton , 

St Charles Branch 

PictouTown Branch 

Dalhonsie Branch 

Dartmouth Branch 

Indiantown Branch 

Constmction 

Heating cars by steam and lighting by electri city- 
Rolling stock 



Cmpe Breton Railway. 



Construction.. 



••••••••••••• 



Oxford and New Olaegow Railway, 

Construction 

EatUrn Extension Railway. 

Eastern Extension Railway 

Canals. 



Sanlt Ste. Marie.. 
Laohine . 



$ cts. 
3,795,277 65 



Cornwall 

Wllliamsburgh :— 

Towards enlarging the Farran's Point division 

For the construction of an entrance and lock at the head of Rapide 

Plat Canal 

Towards the improvement of the works at the head of the Qalops 
Canal - 

St. Lawrence River and Canals— Lake St. Louis and Canal between 
Lakes St. Louis and St. Francis 

St. Lawrence River, Li^ke St. Louis 

Mnrray* Towards completing the present works 

Welland 

do Towards deepening to 14 feet throughout , 

do Land and damages, Grand River 

Trent River Navigation— For construction of locks and the improve- 
ment of navigation between Lakefield and Balsam Lake 

Ste. Anne 

Grenville 

Tay 

Culbute— To remove a shoal above the locks, land damages and works 
connected with the retaining dams 



Carried forward... 



100 00 



3,500 00 

4,000 00 

3,000 00 

5,000 00 

188,000 00 

34,000 00 

17,000 00 

16,000 00 

15,000 00 

7,000 00 

25,000 00 

32,000 00 



800,000 00 

750,000 00 

33,000 00 



997,650 00 
88,000 00 
724,000 00 

100,000 00 

73,000 00 

188,000 00 

300,000 00 
30,000 00 
75,000 00 
64,400 00 

190,000 00 
13,500 00 

88,000 00 

24,640 00 

7,000 00 

78,000 00 

21,000 00 



24 



Digitized . 



5,179,790 00 



8,975,067 65 

SCHEDULE 



1888. 



Supplies. Chap. 1. 

SCHEDULE B— Continued. 



SERVICE. 



Amoant. 



Total. 



Brought forward 

RAILWAYS AND CANALS. 

{Chargeable to Ineomt.) 

Cahals. 

Beauhamois Oanal. 

Cleaning ont bottom of Canal 



Welland Canal. 



Weirs and dam at Donnyille 

Towards filling a pond at St. Catharines 

Bridge oyer old Lock No. 2 and road 

Overhanling the snperstmctnre of the pier at Port Dalhonsie 

Construction of a new highway bridge over the river at the Town of 

Chippewa 

Reconstmcting colvert under feeder above junction 

To improve the outlet of Sunfish Creek from the Feeder to Grand 

River 

Construction of a bridge across the Feeder, at the Foi^v Road 

Construction of dams above and below Dunnville weirs 



Chamhly Canal. 
Balsing banks, lowering bottom of canal, rebuilding lock walls, &c.. 

St. Our9 Lock. 
Towards overhauling foundation of lock 



Ste. Anne* 9 Lock. 
Strengthening old pier below lock 



Corntoall Canal. 
To provide for a residence and an ofSce for the Collector at Cornwall. 

Trent River Navigation. 

To settle claim of Thomas Stephenson as per agreement 

To build a dam at Bobcajgeon 

To build a landing pier at Lakefleld and repair the roads at Buckhorn 
Clearing out the channel at several points oetween Lakefield and Bal- 
sam Lake 



Rideau Canal. 

For changing the location of the swing bridge over the canal at 
Smiths FaUs .7. .?. 

Wharf accommodation near Maria street bridge 

For works necessary to complete the supply to the canal and the Oan- 
anoque River 

Renewal of bridge at Manotick 



Carried forward.. 



$ cts. 



% cts. 

8,975,067 66 



If ,150 00 



13,000 00 
6,000 00 
6,000 00 

16,000 00 

7,500 00 
12,000 00 

1,200 00 
4,000 00 
13,660 00 



38,200 00 



60,000 00 



10,000 00 



2,000 00 



2,000 00 

16,000 00 

4,600 00 

8,600 00 



6,600 00 
2,600 00 

12,000 00 
6,000 00 



25 



246,7f0^q^ 

Digitized by 



8,976,067 65 

GSCSEDULE 



24 Chap. 1. Supplies. 

SCHEDULE B— Continued. 



51 Vict. 



SERVICE. 


Amount. 


Total. 






$ cts. 


$ cla. 


Brouffht forward • ■•. ... 




245,700 00 


R 975 06*7 6fi 


RAILWAYS AND CANALS. 






{Chargeable to /ncome)— Concladed. 








Canals— C7ane/iic?ed. 








Rideau Cana^— Concluded. 








Conitraction of a bridge orer the canal between Concessions and 
D. Nenean Front - 


7,000 00 




Miteellaneous. 








Ifiscellaneons works not otherwise provided for.^.T 




16,000 00 

6,000 00 

10,000 00 




Arbitrations and awards »# » r 




Suryeys and inspections 




Railways. 








Surveys and inspections •......•• t......r, 




16,000 00 
2,000 00 




Railway statistics ^...m 








299,700 00 






PUBLIC WORKS. 








iChargeahle to Capital.) 








PUBLIO BuiLDDfOS. 








Ottawa. 








Additional Public Building, Wellington Street 




100,000 00 




Harbors Ain> Riykrs. 








Ontario. 








Amount required for construction of Port Arthur Harbor and for 
Kaministiouia River 


125,700 00 
76 000 00 




Kingston Graying Dock .^ 




yeta Brunnaiek. 








Cane Tonnentine Harbor 




86,000 00 








386,700 00 






PUBLIC WORKS. 








{Chargeable to Income.) 








Public Builoikos. 








Nova Scotia. 








Annapolis Post OflSce. Custom House. &c 


... $19,500 00 

.. 1,600 00 

... 10,000 00 

650 00 

300 00 






Halifax Dominion Building— Repairs, &c 

Sydney (South "> Post Office. Custom House. &c 




Antifironish Public Buildinir 




Halilax Examining Warehouse 








Carried forward..... 


.. $31,950 00 


9,660,467 66 

BEDULE 


26 


nv hSC] 

Digitized . 



1888. 



Supplies, 
SCHEDULE B— Continued. 



Chap. 1. 



25 



SERVICE. 



Brought forward $31,950 00 

PUBLIC WORKS. 

{Chargeable to Income) — Continued. 

PuBuo Buildings— CoficZiicfei. 



New Brufuwiek, 

Bathnrst Post Office, Custom House, kc 2,000 00 

Dalhonsie Post Office 12,000 00 

St. John Dominion Buildings— Improrements 1,500 00 

Woodstock Post Office— To complete 2,400 00 

St. John Post Office— Painting, &c 1,000 00 

do Marine Hospital 1,000 00 

do Sayings Bank— Renewals^ kc 1,000 00 

Fredericton Post Office, Custom Bfouse, ka 1,000 00 

St. John Custom House — Improvements, renewals, &c.... 2,000 00 

Quebec. 

Aylmer Post Office 7,000 00 

Oliff under Citadel, Quebec. — Removing loose rock and 
making good aamaffes to property by foiling rocks, 

includmg survey and supexintendence 1,000 00 

Coaticook Post Office and Inland Revenue Office 16,000 00 

Grosse Isle Quarantine Station 3,800 00 

Hull Post Office and Inland Revenue Office— To complete. 900 00 

Joliette Post Office 10,000 00 

Montreal Dominion Buildings— Improvements and repairs 1,500 00 

Montreal Post Office 6,200 00 

Montreal Post Office— Electric lighting 2,000 00 

Quebec Custom House 4,000 00 

Quebec Dominion Buildings — Improvements, ko 1,500 00 

Suebec Immigration Building 5,000 00 
iviire du Loup (Fraserville) Post Office, OustomHouse, 

*c 6,000 00 

St Vincent de Paul Penitentiary 26,000 00 

St. J^r6me Public Buildine 6,000 00 

Three Rivers Dominion Buildings— Improvements, kc 600 00 

Montreal Inland Revenue Buildmg— Improvements, Ac... 700 00 

Lachine Post Office, ke 2,500 00 

Queen's Wharf Buildings. Quebec— Fencing, ko 1,500 00 

Quebec Examining Warehouse— Furniture, kc 300 00 

Quebec Observatory— Improvements, furniture, kc 600 00 

Sorel Public Buildmg— Improvements 800 00 

St. Hyacinthe Poet Office, Custom House, &c 4,000 00 

Quebec Immigrant Building on Princess Louise Embank- 
ment—To complete 1,000 00 

Three Rivers Custom House — Outbuildings, kc 600 00 

Sherbrooke Public Building— Repairs, kc 600 00 

Laprairie Post Office. &c.— Site to be furnished by local 

authorities free of cost 6,000 00 

Quebec Immigration Building on Princess Louise Em- 
bankment—Water supply 3,000 00 

Ontario, 

Almonte Post Office, Custom House, kc 7,000 00 

Brampton Public Building 7,000 00 

Cayuga Post Office 7,000 00 




Carried forward $192,760 00 

27 



Amount. 



Total. 

$ cts 
9,660,467 66 



Digitized . 



9,660,467 65 

SCHEDULE 



26 Chap. 1. Supplies. 

SCHEDULE B— Continued, 



51 Vict. 



SERVICE. 



Amount. 



Totol. 



Brought forward $192, T60 00 

PUBLIC WORKS. 

{ChargeabU to Income) — Con tinned. 

Public Buildinob— Con^intf^i. 

Ontario — Concluded. 

Cobonrg Poet Office, Custom House, &c 7,000 00 

Gananoque Post Office, Custom House, &c 7,000 00 

Goderich Post Office, Custom House, Jkc 8,000 00 

GoTernment Printing Bureau 115,000 00 

Gnelph Post Office— improvements, kc 2,000 00 

Hanulton Drill Hall 21,000 00 

Kingston Penitentiary 20,700 00 

Kineston Examining Warehouse 10,000 00 

Lindsay Post Office, Custom House, kc 7,000 00 

London Custom House 6,000 00 

London Infantry School 5,600 00 

Napanee Post Office and Custom House 7,000 00 

Ottawa Post Office, Custom House, ka 1,000 00 

Pembroke Post Office, Custom House, Jkc 8,000 00 

Port Arthur Post Office, Custom House, Ac, on proper 

site being giyen 7,000 00 

Prescott Post Office, Custom House, &c 15,000 00 

Pablic Buildings, Ottawa— Parliament Buildings— Re- 

coTering, Jkc, of lean-to roofs, &c 5,000 00 

Strathroj Post Office and Custom House 7,000 00 

St. Thomas Post Office, Custom House, ka 500 00 

Toronto Dominion Buildings— ImproTements, Ac 1,500 00 

Toronto Post Office 750 00 

Tr«nton Public Building ^ 7,000 00 

Toronto Examining Warehonse 2,500 00 

Toronto Drill Hall— For the construction of, on condition 
that the City of Toronto provide a plot of land, as 

agreed apon 60,000 00 

Windsor Post Office, Custom Honse. 4c.— Repairs, &c. ... 2,000 00 
Departmental Buildings, Ottawa— Keconstruction of ele- 
vator in Western Block 1,275 00 

Toronto Custom House— Improvemento 1,600 00 

Parliament Building, Ottawa :— 

Covering lean-to roof of library 1,000 00 

Re-covenng roofs of ventilating shafts with tin 1,500 00 

Improving ventilation of House of Commons 4,000 00 

Renewing skylight, House of Commons 3,250 00 

Brantford Post Office, Custom House, Ac —Furniture, 

fitting, Ac ^ 360 00 

Belleville Post Office, Custom House, &c.— Repairs 400 00 

St. Catharines Post Office, &c.— Improvements 600 00 

Kingston Penitentiaiy — To complete and enlarge gas gen- 
erator and fittings, Ac 350 00 

Belleville Post Office, Custom House, Ac— Furniture 175 00 

Toronto Examining Warehouse— Improvements 725 00 

Barrie, London ana Windsor Post Offices — Improvements, 

repairs, Ac 800 00 



Manitoba. 

Manitoba Penitentiary 76,000 00 

Winnipeg Immigrant Building, including site 16,000 00 

Brandon Post Office 16,000 00 

Brandon Immigrant Building — Improvements, Ac 250 00 

Carried forward |646,475 00 

28 



cts. 



$ eta. 
9,660,467 65 



Digitized , 



9,660,467 65 

SCHEliULE 



1888. 



Supplies. 
SCHEDULE B— Continued. 



Chap. 1. 



21 



SERVICE. 



Brought forward - $646,475 00 

PUBLIC WORKS. 

(^ChargeahU to Income) — Continued. 

Public Buildingb— Conc/vded. 

ifani<o6a— Concluded. 

Winnipeg Immigrant Building, including site, Ac— 

Additional amount required 6,000 00 

Manitoba Penitentiary — ^Additional amount required for 

residences of Chaplains and Surgeons 3,000 00 

NorthrWest TerritorUi. 

Public Buildings, North- West Territories generally 6,000 00 

McL«od Custom House 1,000 00 

Battleford Land and Registry Office— To complete vault, 

kc 2,600 00 

Residence for Lieutenant-Governor of North- West Terri- 
tories, Regina 16,000 00 

Lieatenant^Qovemor's residence, Regina— Repairs 2,000 00 

Calgary Court House, Jail, Registrv Offices. Ac 10,000 00 

Crown Lands and Timber Agents' OMces at Regina, Prince 

Albert and Edmonton 16,000 00 

North- West Mounted Police Buildings 100.000 00 

Court House. Lock-up and Police accommodation at Moo- 

somin, Wolseley, Maple Creek and Medicine Hat 10,000 00 

Fort McLeod— Storehouse tor use of Collector of Cus- 
toms and Inspector of Cattle Ranches 1,000 00 

British Columbia. 

Ckneral repairs and improvements, Public Buildings, 

British Columbia 3,000 00 

British Columbia Penitentiary 26,600 00 

Vancouver Post Office, Custom House, &c 10,000 00 



Public Buildings Generally. 
Public Buildings generally 



16,000 00 



Rbpairs, Fubmiturb, Hbatino, &o. 

Repairs, furniture, heating, kc $190,000 00 

Grounds, Public Buildings, Ottawa 9,600 00 

Removal of snow. Public Buildings, Ottawa 2,000 00 

Heating, do do 60,000 00 

Gas and electric light do do 26,000 00 

Water do do •„. 16,000 00 

Allowance for fuel and light, Ridean Hall 8,000 00 

Telephonic service, Public Buildmgs, Ottawa 3,000 00 

Major's Hill Park, Ottawa 8,600 00 

Salaries of Engineers, Firemen, CareUkers, &c., of Do- 
minion Public Buildinffs. 46,000 00 

Heating Dominion Public Buildings— Fuel, &c 60,000 00 

Lighting do do 25,000 00 

Water for do do 10,000 00 



Carried forward.. 



Amount 



cts. 



869,475 00 



29 



..$463,000 00 869,476 00 9,660,467 66 
Digitized SCHEDULK 



Total. 



$ cts. 
9,660,467 66 



28 Chap. 1. Supplies, 

SCHEDULE ^R— Continued. 



51 Vict. 



SERVICE. 



Amount. 



Total. 



Brought forward $453|000 00 

PUBLIC WORKS. 

{Chargeable to Income) — Continued. 

Repairs, Furmitubb, Hsatiko, ko.^Coneluded. 

Materials for repairs, Ac, in connection with ventilation 

and lighting Public Buildings, Ottawa 6,000 00 

Sundry supplies for Caretakers, Engineers, Firemen, Ac, 

Dominion Buildings 6,000 00 

Commutation of ground rent, payable semi-annually, for 
site of old Parliament House, Quebec, at the rate of 
$4,444.44 per annum 74,014 00 

Additional amount required to meet disbursements for 
netty repairs, &c., in connection with Dominion Public 
Buildings, hitherto made directly by the rarious 
departments occupying the offices 6,000 00 

Dominion Immigration jBuildings — Repairs, flimiture, kc, 2,000 00 



Harbobb and Rivkrs. 

Nova Scotia. 
McNair's Cove (Cape George) 



Arisaig, Bav£eld and 

Piers— Repairs 

Bay St. Lawrence 

Bayfield Wharf— Repairs, renewals, dredging, kc. 

Blue Rock — To complete 

Broad Cove 

Eatonyille Pier — To complete 

Lismore 

Ifabou.. 



Sheet Harbor 

Spencer's Island Pier— To complete . 

Yarmouth — Removal of rocks 

Gabarus and Beltry Lakes channel . 
Noel.. 



Wallace Harbor 

Delap's Cove 

White Point Victoria Co 

Cow Bay— To complete urgent repairs . 

Beaver River — Extension of piers 

Port Lome — Repairs 

Parker's Cove— Repairs 

Gheticamp 

Port HooQ- Repairs 

Western Head ...., 

Hampton — Repairs 

East River of Pictou — Removing rocks.. 

Port Greville — Protection work 

Arisaig— Complbtion of pier 

Partridge Island River 

Barrington Passage Pier 



$ 4,600 00 

2,000 00 

3,600 00 

3,000 00 

2,300 00 

3,000 00 

1,000 00 

1,000 00 

2,000 00 

6,000 00 

1,000 00 

800 00 

3,000 00 

1,000 00 

1,000 00 

2,600 00 

3,900 00 

1,600 00 

200 00 

200 00 

2,000 00 

3,300 00 

2,000 00 

160 00 

700 00 

400 00 

4,000 00 

3,000 00 

3,000 00 



Prince Edward I eland. 



Cascumpec — Removal of rock 2,000 00 

Repairs to breakwaters, piers, Ac, acquired from Loc^ 

Government 3,000 00 

Souris East— Breakwater at Knight's Point, repairs, Ac... 6,000 00 

Repairs to piers 3,000 00 



Oarried forward $74^660 00 

80 



$ cts. 
9,476 00 



$ CtB 

9,660,467 65 



644,074 00 



1,413,649 00 9,660,467 66 

SOHEDULB 



1888. 



Supplies. Chap. 1. 29 

SCHEDULE B— Continued. 



SERVICE. 



Amonnt. 



Total. 



$ Ota. 
1,413,649 00 



$ cti. 
9,660|467 66 



Brought forward $74,660 00 

PUBLIC WORKS. 
{^ChargeahU to /neouM)— Continued. 

Harbors and Riybrs— Con^tnti^d. 

New Bfuntwick. 

BiYer St. John — River des Chutes to Woodstock and above 

Grand Falls ; also River Tobioue 6,000 00 

Roeher Baj, Anderson's Hollow— To complete.. 760 00 

Bale Yerte— Ballast pier 3,000 00 

Edgett's Landing— Ballast wharf 2,000 00 

Waonette 2,000 00 

St. Louis 3,800 00 

St. John Harbor— Negro Point Breakwater 10,000 00 

Riehibucto— Protection works 3,000 00 

River St. John — Removal of obstructions between Fred- 

ericton and Woodstock 1,000 00 

Oampbellton Ballast Wharf. 1,600 00 

River Eennebecasis 2,000 00 

Anderson's Hollow— To complete work 460 00 

Grande Anse— Repairs 2,000 00 

Maritime Frovineet Oenerally, 

General repairs and improvements, Maritime Provinees... 12,000 00 



Qttebec, 

Chenal du Moine — Ice piers at Ste. Anne de Sorel 2,600 00 

Ohieontimi, St Alphonse and Anse St. Jean 1,660 00 

Btang dn Nord— To complete 3,000 00 

Lapiairie— Works in connection with ice piers 6,000 00 

Pere6— To complete 6,000 00 

RiTi^re dn Li6vre 39,000 00 

RirerNicolet 11,000 00 

Trois Pistole*— Pier 600 00 

St. Adelaide de Pabos (Little Pabos) 7,600 00 

River St Francis 3,000 00 

Rivers If adawaska and Cabaneau - 1,000 00 

Riviire Ste. Anne de la Parade 1,000 00 

Grand Pabos— Removal of shoal 760 00 

Anse h I'Ean or Tadousac— Pier 1,000 00 

River Tamachiche 1,000 00 

Lake Megantic piers— Repairs 700 00 

Grande Decharge, Lake St John— Pier 1,600 00 

Ohicootimi, St. Alphonse, Anse St. Jean and Ste. Anne 

da Sagnenay- Repairs to piers, &c 2,000 00 

JIurraj Bay, He aux Coudres, Les Eboulements— Repairs 

to piers, kc 3,700 00 

St Laurent, Island of Orleans— Repairs.. 400 00 

Biver Tamaska— Stone protection to dam, Ac 2,250 00 

Bale St Paul 6,000 00 

Tiois Pistoles .- 1,000 00 

Barachois de Malbaie and mouth of Newport River... 1,500 00 
Piers at Mattawan, Long Sault and Lake Temiscamingue 

—Upper Ottawa 1,600 00 

New Carlisle 5,000 00 

Carried forward $230,700 00 1,413,649 00 9,660,467 66' 

81 rSOELEDULB 

Digitized by V^^*"-'-"*' ^ *-"*-■ 



80 Chap. 1 Supplies. 

SCHEDULE B— Continued. 



51 Vict. 



SERVICE. 



Amount. 



Total. 



Brought forward $230,700 00 

PUBLIC WORKS. 

(^Chargeable to /nco«}i«)— Continued. 

Harbors and Bx^m^— Continued, 

Que 6«e— Con eluded . 

Isle Verte— Pier^To complete 4,000 00 

Raising cribwork in front of new immigration building on 

breakwater, Quebec 2,2fi0 00 

Sorel ice piers 2,500 00 

Papineauville or Pentecost Bay Channel 3,000 00 

He Perrot— To complete 2,500 00 

River Cap de Chatte 2,500 00 

Coteau da Lao— To complete pier.. 2,000 00 

Three Rive rs pier 10,000 00 

General repairs and improvements, Harbors and Rivers, 

Quebec ..•- ., 10,000 00 

Ontario, 

Belleville Harbor— To complete - 2,000 00 

Cobourg Harboi^-Lake Ontario 10,000 00 

CoUingwood Harbor— To complete 4,000 00 

Godench 10,000 00 

Kincardine — Repairs to complete 5,000 00 

Kingston Harbor, Lake Ontario 6,000 00 

KinMville, Lake Brie 2,400 00 

Little Nation River^Removal of obstructions 5,000 00 

McGregor's Creek and Little Bear's Creek 7,750 00 

Owen Sound 15,000 00 

Port Elgin 5,000 00 

Port Hope— Repairs, to complete 2,500 00 

Portsmouth— Repairs to pier 4,000 00 

River Ottawa — Improvement of steamboat channel through 

Narrows of Petawawa, above Pembroke 3,000 00 

Rondeau, Lake Erie — Repairs 2,000 00 

Sault Ste. Marie 7,000 00 

Tolsma Bay, Cockbum Island— To complete 1,000 00 

Little Nation River— To complete removal of obstructions. 2,000 00 

Oakville Harbor 2,300 00 

River Thames— Entrance channel 4,000 00 

McGregor's Harbor— Protection works 2,000 00 

Meaford— The town furnishing $3,000 6,000 00 

Bavfield— Repairs 1,600 00 

Belleville— To complete harbor works, the local authori- 
ties protecting the Island with cribwork to the 

amount of $6,000 8,000 00 

Rideau River— I)redging north branch 3,600 00 

Riviere aux Puces 2,000 00 

Thornbury— Dredffing 3,000 00 

Improvement of Narrows between Lakes Simcoe and 

Couchiching 600 00 

CoUingwood Harbor— To continue works of improvement. 5,000 00 
Toronto Harbor-Works at eastern entrance ; the city of 

Toronto having contributed $100,000 60,000 00 

Penetanguishene Harbor Works; locality having fur- 
nished $10,000 „ 10,000 00 

General repairs and improvements, harbors and rivers, 

Ontario 10,000 00 

Manitoba. 

General repairs and improvements, harbors and rivers, 

Manitoba 2,000 00 



Carried forward $471,900 00 

82 



$ cts. 
1,413,649 00 



$ CtB. 
9,660,467 65 



1,413,649 00 



9,660,467 65 



Digitized . 



SCHEDULE 



1888. 



Supplies, Chap. 1. 

SCHEDULE B— Continued. 



81 



SERVICE. 



Brought forward $171,900 00 

PUBLIC WORKS. 

{Chargeable to Income) — Continued. 

Hahbors and Rivers — Canclvdid. 

Norlh'Wett Territories. 



Oeneral repairs ajid im])rovements to harbors and rivors, 
North-west Territories 



Jiritiih Columbia, 

Gowiclian River 

Fraser River 

Nanaimo — Removal of Nicol Rock 

Nicomeckle and Serpentine Rivers — To complete 

River Somase— To complete 

Victoria Harbor — Removal of rocks, Ac 

Fraser River— Additional grant 

Columbia River — Improvements above Golden 

Bigg's Portage- Channel 

River Coqnitlam 

General repairs and improvement^, harbors and rivers, 
British Columbia 



Harbors and Rivers Generally. 

Harbors and rivers generally 

Drbdoinq. 



Amount. 



$ cts. 
1,413,549 00 



$ cts. 
9,660,467 65 



4,000 00 



1,000 00 

10,000 00 

10,000 00 

1,500 00 

500 00 

12,500 00 

10,000 00 

5,000 00 

1,000 00 

1,000 00 

2,000 00 



I 

0,000 00 i 



536,400 00 



New dredging plant $ 27,260 00 1 

Dredge vessels— Repairs 431^000 00 | 

Dredging, NovaScotia ^ 

do Prince Edward Island > 40,000 00 ! 

do New Brunswick J i 

do (tt^o:.::::::::::::::::;:::::::::::::::;:::::::::::::::::::} ^"-ooooo j 

do Manitoba 15,000 00 | 

do British Columbia 15,000 00 

do General service 5,000 00 I 

New Dredging Plant — Additional amount required for I 

British Columbia 3,000 00 l 

General service — Additional amount required 5,<)ij0 oo ' 

Slides and Booms. 

Slides and Booms $ 15,000 oo 

Ooulonge River — Dam at Ilap:ged Chute, repairs 800 no 

River St. Maurice — Grand' Mere, sorting booms, &c., the 
Laurentidcs Pulp Company furnishiug an equal 

amount 0,0(M) 00 



Total. 



l'j?.,-2:.o na 



Roads and BBiDf;E.«*. 

Bridges, Ottawa City, over the River Ottawa, the Slides, 

tiie Rideau Canal and aporoaches thereto $ 8.300 00 I 

Aid towards the construction of a free bridge over the Old 

Man's River, at Fort McLeod, local authorities furnish- | 

ing $2,500 10,000 00 



24,800 00 



VOL. 1—3 



Carried forward $18,300 00 



33 



2,167,999 00 



Digitized . 



9,660,467 65 



SCHEDULE 



82 Chap. 1. Supplies, 

SCHEDULE B— Continued. 



51 Vict. 



SKRVICE. 



Amount. 



Brought forward 

PUBLIC WORKS. 

( Chargeable to Income) — Continued. 

Roads and Bridges— CoMc/u^^rf. 

Bridge across the Battle River, at Battleford 10,000 00 

To pay onc-balf the cost of the construction of a bridge 

across Grand River at the village of York, the County 

Council of Haldimand paying the other half. 10,000 00 | 

New Iron Truss Bridge, to rt- place the Union {Suspension 

Bridge, Ottawa ; 45,000 00 , 

Bridge over the Belly River at Lelhbridge, N.W.T 15,000 00 

Reconstruction of Bridge over north-east cliannel, River 

Oitaw^a, at Portage du Fort 6,000 00 

Bridges on trail between Edmonton and Athabasca | 

Landing 2,000 00 j 

McLaren's Bridge, Ottawa 2,000 00 | 

Paving Wellington Street, Ottawa, in front of Govern- , 

ment Groun<i3 and Huildingi 5,000 00 | 

TKLE(iKAPHS. ; 

I 
Land and cable tele^rraph lines for the sea coasts and islands of the] 
Lower Rivers and Gulf ot St. Lawrence and Maritime Pro- 
vinces : — 

Land line on north shore of St. Lawrence — Extension 

towards Pt)inie aux Flsquimaux $ 5,000 00 j 

Land line between North Sydney and Meat Cove — . 

Ropoling— to complete .1! ." 5,000 00 j 

Land line from Grindstone Island to Allright Island I 

(Magdalen Group) 750 00 i 

Line on north sliore of St. Lawrence : — Improved re- 

pjiiring fatililies Intween Sault an Cochon and ' 

Pointe des Monts 2,000 00 j 

New Station at liig Bras d'Or, on the Meat Cove, Cape i 

Breton, Line 150 00 ' 

Submarine cable for connecting Hricr and Long 
Islands wilhDigby; the Telephone Company of 
Nova Scotia aguMin^ to consiruct and maintain 
all tliC land lines recjuired to establish an uninter- 
rupted tc'lographii" communication between these 
islands and'the Town ot Digby 2,000 00 

To connect Norih-East Marguree with the Mabou- 
Cheticamp Telegraph Line; the inhabitants of the 

locality hirtiisliing and distriluiling the poles 500 00 

Telegraph Lines, Ojitario: — 

Tele^rauh comuiunieation between Pointe Pelee l3- 

hma, Lake Krie, and the mainland 7,500 00 

Telephone connection between Wolr'e Island, Lake 
Ontario, and the muinlaud — the inhabitants fur- 
iiishin^-- and (listribuling tlie poks and providing 

an office 2,500 00 

Telegraph lines, Noith-West Territories : — 

Line between Humboldt and Qn'Ai)pellc — Re-poling — 

to complete 7,500 00 

New Station at Sat! die Lake on the (^u'Appelle, 

Edmonton Line vitl FoitPilt 600 00 

Telephone line to connect the Police Headquarters, 

\-c., with the Banff Telephone Exchange 650 00 

Teleprnph line?, Briti>h Columbia: — 

Telegraphic connection ol" Honilla point with Victoria. 15,000 00 



I $ eta. 

$18,300 00 12,167,999 00 



TotaL 



$ ctfl- 
9,660,467 6S 



113,300 00 



Carried forward. 



49,160 00 



34 



2,330,449 00 



9,660,467 65 



SCHEDULE 

Digitized by LjOOQIC 



1888. 



Supplies. Chap. 1. 

SCHEDULE "R— Continued, 



sa 



SERVICE. 



Amoant. 



Total. 



Brought forward 

PUBLIC WORKS. 
{Chargeable to /ncowi*)— Concluded. 

EXPKBIMKNTAL FaKUS. 

Experimental Farms, buildings, fencingi &c 

Miscellaneous. 

Miscellaneous works not otherwise provided for $ 

Surveys and inspections 

Arbitrations and awards 

National Art Gallery 

Examination in connection with spring floods at Montreal 
and vicinity, including |7r»0 to be paid to H. F. Perley. 
Chief Engineer, Public Works Department, in full 
for services as Commissioner notwitnstanding the 51st 
section of the Civil Service Act 

Surveys and plans of Government Properties in connection 
with Public Works 

River St. Lawrence, Ac, Water levels, Ac 

To assist in the erection of a monument to Col. Williams 

To pay Eugene Cosie, expert fee for work done by 
him in connection with Riviere du Lievre Works 



$ cts. 
2,330,449 00 



10,000 00 

20,000 00 

6,000 00 

1,000 00 



2,500 00 

3,000 00 
2,500 00 
1,000 00 

120 00 



MAIL SUBSIDIES AND STEAMSHIP SUBVENTIONS. 



Steam communication on Lakes Huron and Superior 

Steam communication with the Mat^dalen Islands 

Steam commiiniiation between Grand Manan, N.B., and mainland 

Steam commnniration between Halifax and St. John, vi<2 Yarmouth and 
Port iledway 

Subsidy to a line of steamers to run between France and Quebec 

Subsidy to a line of steamers to run between Liverpool or London, 
or both, and Si. John. N.B., and Ilalilax, N.S., a jiort iu the Do- 
minion to be the terminal port 

Subsidy to steamer between Campbellton and Gaspe, and intermediate 
ports 

Steam communication from Port Mulgrave, at the terminus of the 
Eastern Extension Railway, to East Bay, Cape Breton 

Steam communication between Halifax and St. Pierre 

Direct steam communication between Canada and Antwerp, 
Germany, or both /. 

Steam commnnication between Port Mulgrave or Pictou Railway 
terminus and Cheticamp, touching at Fort Hood, Mabou, Broad 
Cove, Margaree and Cneticamp, the Local Government having 
granted a similar amount conditionally on a Dominion vote for 
the same service 

Steam communication between Prince Edward Island and the main- 
land 

Steam commnnication between St. John and ports in Basin of 
Minas, Parrsboro', Mailland, Suramerville, Hantsport, Avondale. 
Windsor, Kingsport, Wolfville, &c 

Steam communication between Canso, Aricbat, Guysboro', Port 
Hood and Mabou, and such other places between above limits as 
may be afi^reed upon, touching daily at Port Mulgrave, and also tc 

Srovide for continuance of eervice during winier, on the Port 
lulgrave and Canso Section 

Steam communication between Halifax and Newfoundland, vid Cape 
Breton, at $200 per trip, not to exceed $"2,000 per annum , 



70,000 00 



46,120 00 



12,000 00 
7,800 00 
4,000 00 

7,500 00 
50,000 00 



25,000 00 

12,500 00 

6,000 00 
2,000 00 

30,000 00 



2,000 00 
10,000 00 

4,000 00 



5,000 00 
2,000 00 



YOL I — 3i 



Carried forward.. 



$ ot« 

9,660,467 65 



2,445,569 OO 



179,800 00 



35 



Digitized 



12,285,836 65 

SCHEDULE 



51 Vict. 



84 Chap. 1. Supplus. 

SCHEDULE B— Continued. 



SERVICE. 



Amount. 



Totat. 



$ Ct9. 



Brought forward . 



12,285,836 65 



OCEAN AND RIVER SERVICE. 

Maintenance and repairs of Government steamers ' 130,000 00 

To provide for the examination of blasters and Mates j 6,000 00 

Rewards for saving life and life-boat service I 10,000 00 

T# provide for investigation into wrecks, and collection of information 

relating to disasters to shipping i 1,500 00 

Canadian registration of shipping ' 500 00 

Montreal and Quebec River and Water Police | 40,000 00 

Removal of obstructions in navigable rivers, including removal of! 

wreck of ** Ottawa," in River St. Lawrence 14,000 00 

Winter service, Prince Edward Island ' 5,000 00 

To provide a small steam vessel for the use of the Customs, Interior' 

and Fisheries Departments in the waters of the Province of British. 

Columbia | 10,000 00 

To provide for injuries received b^ Richard C. Soj from exposure dur-j 

ing the wreck of the steamer '' Princess Louise " I 200 00 

To provide for a new steamer for the winter service between Prince} 

Edward Island and the mainland , 150.000 00 



LIGUTHOUSE AND COAST SERVICE. | 

Salaries and allowances, &c., of Lighthouse-keepers, including Cape! 

Race light and fog-whistles I 1^4,000 00 

Agencies, rents and contirif^encies 20,360 00 

Maintenance and repairs to lights, fog-whistles, buoys and beacons, | 

and humane establishments .'. J 320,000 00 

Completion and construction of lighthouses and fog-alarms i 30,000 00 

Signal service | 6,000 00 

To provide for the payment to the Harbor Commissioners of the annual 

cost of maintaining the buoys and beacons in the St. Lawrence' 

River below Montreal , 7,000 00 

To provide for erection of pier and lighthouse in the Lower Traverse! 

River (on account), estimated cost, $100,000 I 10,000 00 



SCIENTIFIC INSTITUTIONS. 

Observatory, Toronto $ 6.250 00 

do Kingston noo 00 

do Montreal l)O0 00 



' C,250 00 

Grant for MeteoroIo{?ical Services, inclu'lincc instruments and cost, 

of telegraphing weather wa^nin;^^s 55,000 00 



MARINE HOSPITALS AND SICK AND DISTRESSED SEAMEN. 

Marine and Immigrant Hospital, Quebec $ 

St. Catharines Hospital 

Kingston Hospital 

Marine Hospitals in the Province.-^ of ihiehee, Nova Scotia, 
New Brunswick, Prince Edward Island and lirilisli 
Columbia 

Expenses of Shipwrecked and Distressed Seaiuen 



iO.OOO 00 
5»K.) 00 



35,000 00 



STEAMBOAT INSPECTION. 

To provide for expenses of Steamboat Inspection.... 

Carried forward 



50,000 00 
6,CCK) 00 



36 



Digitized 



367,200 00 



586,3.30 00 



61,250 00 



62,000 00 



25,000 00 



13,387,646 65 

SCHEDULE 



1888. 



Supplies. Chap. 1. 

SCHEDULE B-Continued, 



35 



SKRVICE. 



Brought forward 

FISHERIES. 

Salaries and Disbursements of Fisliery Overseers and Wardens : — 

Ontario 

Quebec 

Nova Scotia 

New Brunswick » 

Prince Edward Island 

British Columbia 

Manitoba, Keewatin and North-West Territories 

Fish-breeding, building fish ways and clearing rivers 

To proTide for legal and incidental expenses 

To provide for the cost, maintenance and icpairs of fishery protection 

steamers and vessels 

Canadian Fishery Exhibit 

To pay for services performed by persons in the Custom? and Fisheries 

Departments, and other expenses in connection with the distribu- 

tion of the fishing bounty and collection of statistics 

To meet cost of fitting up the lower story of Victoria Hall as a fish 

hatchery .*. 



SUPERI.VTENDENCE OF INSURANCE. 



To meet expenses in connection with this service., 

GEOLOGICAL SURVEY. 
Geological Survey 



DEPARTMENT OF INDIAN AFFAIRS. 

Ontario, Qukbkg and the Makiti^ie Pkovincks. 

Province of Quebec, relief of distress $ 4.200 00 

Purchase of blankets for Indians of Ontario and Quebec... 1,600 00 
For Indian schools in Ontario, Quebec, Nova Scotia and 

New Brunswick 14.287 60 

For payment of annuities under the Robinson Treaty 15,588 00 

To provide a salary for Chief Angus Cooke, of the Gibson 
Reserve, and Chief William McGregor, of Cape Cro- 

kerBand, $50 each 100 00 

Revote of amount voted last Session, but not expended, 
for the removal of the residue of the Lake of Two 
Mountain Indians from Oka to Township of Gibson... 5.000*00 

To provide for the survey of Indian Reserves 1 00,^ '22 

To provide travelling allowance for L. F. Boucher, In- 
dian Superintendent, for the north shore of the River 
St. Lawrence superin tendency, not before estimated 

for, but amounting annually to about 400 00 

To aid the Rev. Father Legroff to publish a grammar in 

the Montagnais Indian dialect 300 00 

To provide for the maintenance at the Mount Elgin Insti- 
tution of five additional pupils, at$bO each per annum 300 00 



Nova Scotia. 

Salaries $ f>00 00 

Relief and seed grain 3,045 00 

If edical attendance and medicine 1,012 00 

Miscellaneous 75 00 



Carried forward., 



Amount. 



$ cts. 



18,000 00 
15,000 00 
18.000 00 
16,000 00 
3,500 00 
6,000 00 
3,000 00 
35,000 00 
2,000 00 

100,000 00 
1,500 CO 



6,0C0 00 
1,500 00 



43,73,S 72 



5,032 00 



TotaL 



$ cts. 
13,387,646 65 



220,500 00 



5,500 00 



60,000 00 



87 



48,770 72 13.678 646 65 

Digitized. SCHEDULE 



86 Chap. 1. Supplies. 

SCHEDULE Ji— Continued. 



51 Vict. 



SERVICE. 



Brought forward. 



DEPARTMENT OF INDIAN kf¥A\B&—Conlinued, 
New Brunswick. 



Salaries $ 

Relief and seed grain 

Medical attendance and medicine 

Miscellaneons 

To provide for the payment of rent for the year 1887-88, 
for the building used as an Indian Office by Agent 
James Farrell, at Fredericton 

To pay Rev. Mr. Richard for services with the Indians of 
New Brunswick 



Prince Edward Islakd 

Salaries $ 500 00 

Relief and seed grain 1,125 00 

Medical attendance and medicine 300 00 

Miscellaneous 75 00 



Amount. 



I 



2,105 00 

2,700 00 

470 00 

50 00 



50 00 
200 00 



Mahitoba and North-Wbst Territories. 

Annuities $148,865 00 

Agricultural implements 26.511 00 

Seed grain 3,570 00 

Cattle and pigs 6,251 00 

Supplies for destitute,including provisions given at annuity 
payments and ammunition given to enable Indians to 

hunt 354,3'9 00 

Clothing— Triennial 6,400 00 

Schools— Day '. 42,540 00 

do Industrial 81,429 00 

Surveys 6,500 00 

Farming Instructors' wages 33,122 00 

Maintenance 16,443 00 

Sioux 3,772 00 

General expenses 125,953 00 

Agency buildings 21,075 00 

The sura of $10,000, provided in the main esti- 
mates of 1888-89, for the erection of two 
industrial schools in Manitoba is found to 
be insufficient for the purpose, the build- 
ings will cost at least *8,000 each 1110,000 00 

Less— Provided 10,000 00 

6,000 00 

Required for the equipment of these two schools, J4,000 

each 8,000 00 

A grant in aid of the hospital at St. Albert's Mission, at 

which Indians freouently receive treatment 200 00 

To provide salary for tne teacher of an Indian Schoolj at 

Isle & la Crosse 300 00 

An additional grant of f30 per head for each of fiftv 

pupils at the St. Albert's Institution ,'. 1,500 00 

To provide salary for J. A. Macrae, Inspector of Pro- 
testant Schools in the North- West Territories, appoint- 
ed hj Order in Council of the 27th October, 1887 ],200 00 

And for A. Betournay, Inspector of Roman Catholic 
Schools in the North- West Territories, appointed by 

Order in Council of 22nd December, 1887 1,200 00 

And to provide also a sum to cover their expenses while 
travelling on visits of inspection 1,000 00 



Carried forward « $896,150 00 

38 



$ cts. 
48,770 72 



5,575 00 



2,000 00 



Total. 



$ cts. 
13,678,646 65 



56,345 72 



Digitized . SCHEDULE 



13.678,646 65 



J888. 



Sujfph'es. Chap. 1. 

SCHEDULE B- Continued. 



87 



SERVICE. 



Amount. 



$ Ct8. 
Broufjht forward $^9G,ir>0 00 ' 50,345 12 

DEPARTMENT OF INDIAN k? FAIRS-- Con eluded i 

Manitoba and North-We.st Territories— Cowc/w./^rf. 

To aid in the maiatenance of forty pupih, at ?30 eacb, at 
the boarding school recently" opened under the aus- 

Sices of the Presbyterian Unurcli, on land adjoining 
[uscowpetung's Reserve 1,200 00 

A grant of $50 for each of ten pupils at a boarding school, 

on Gordon's Reserve 500 00 

And a similar sum for a like number at a boarding 

school) on Muscowpetung's Reserve 500 00 

The estimated cost of 486 iron posts to mark the bound- 

ariea of Indian Reserves in the Nortb-Wcst Territories 1,3(51 00 
And for 70 iron posts for a like purpose on the P'ort 
Alexander ancf Brokenhead Indian Reserves, in Mani- 
toba, giying one post for each mile of boundary 196 00 

To provide salary for a furnace-man, >vho will act 
also as a nignt-watchman at the Qu'Appclle 

Industrial School §500 00 

Less — The wages of a laborer, now employed, 
whose services will then be aispensed with... 200 00 

To provide salary for a teacher of a Roman Catholic 

school, on Enoch's Kescrve, in the Edmonton Ag>*ncy 300 00 I 

To provide for payment to IT. G. Baldwin, M.D., of his 
account for medical attendance on pupils in the Battle- 
ford Industrial School, from October, 1886. to May, | 
1887, a period during which the services or no other { 
medical practitioner were available 160 00 I 

A grant to assist the Methodist Missionary Society to j 

bnild a schoolhonse on the Blood Reserve...^ 400 00 I 

To enable the Denartment to purchase a mower and horse j 

rake for the Stoney Chief Louis Bull 140 00 ' 

To pay for the dwelling and other houses owned by Indian 

Agent R. J. N. Pitcher, at Fort Frances, which he luul j 

to leave for the use of his successor at that Agetcy 

when transferred to the Coutchechine Agency 3,700 00 ; 

To provide for payment to P. Aylen, M.D., as compensa- 
tion for six months' attendance on Indians of the I 
Battleford Agency, from September, 1^*87, to March, I 
1888 175 00 



Total. 



$ cto 

13,678,648 65 



300 00 



British Columbia. 

For Indians of British Columbia generally $ 52,520 00 

For Surveys 11,837 00 

For Reserve Commission 9,500 00 

To provide for payment to the Lords Commissioners of the 
Admiralty the sum of £3 128. 5d. sterling, the cost of 
victualling a police constable and Indian prisoners on 

board H.M.S »' Satellite " in 1884 

To assist the Rev. A. J. Hall to print a grammar in the 

Kwawkewlth Indian dialect 

To provide for building an Indian industrial school at 

Kootenay 4,500 00 

And for the maintenance thereat of 30 pupils, each $150 

To provide for building an Indian office at Cowichan . 

To provide for the maintenance of 25 female Indian pupils 

at the Mission of All Hallows, Yaje, B.C. , at $60 pur 

annum 



905,032 00 



I 



I 
17 64 I 

200 00 ! 



4,500 00 
600 00 



1,500 GO 



Carried forward.. 



85,174 64 



1,046,602 36 



39 



14,726,249 01 

DigitizedSCHEDULE 



88 Chap. 1. Supplies. 

SCHEDULE B,— Continued. 



51 ViOT. 



SERVICE. 



Brought forward 

NORTU-WEBT MOUNTED POLICE. 



Pay of Force. 
Saosistence.... 
Forage- 



Fuel and light 

Clothing 

Repairs, renewals, replacement of horses, arms and ammunition 

Medicines and medical comforts, and hospital expenses 

Books and stationery »... 

Scouts, guides, billeting charges, travelling allowances, transport of 
men and stores 

Contingencies ' .; 

To provide for the payment to Gordon Quick for land required for 
Mounted Police purposes at Maple Creek 

To provide for the pay-ment to ex-Inspector Thomas Dowling of a retir- 
ing gratuity equal to seven months' pay 



MISCELLANEOUS. 




" Canada Gazette " 

Miscellaneous printing 

Unforeseen expenses, expenditure thereof to be under Order la Council, 

and a detailed statement to be laid before Parliament within the 

first fifteen days of the next Session 

Commutation in lieu of remission of duties on articles imported for 

the use of the arm^ and navy 

For the expenses ot Government in the North- West Territories, 

including printing, roads, bridges, ferries, aid to schi ols, &c... 

For the expenses o\ Government in the District of Keewatin 

To meet expenditure in connection with " The Canada Temperance 

To compensate members of the North-West Mounted Police for injuries 
received in the discharge of duty 

On account of expenditure in connection with surveys of Lakes 
Superior and Huron '. 

To provide for the payment of Mr. Fabre's salary and contingencies 
of his office 

To meet costs of litigated matters 

To cover expenses of taking evidence concerning the Public Accounts, 
and reporting the same to the Auditor-General of Canada, under 
authority of section fifty-seven of " The Consolidated Revenue and 
Audit Act" ; and to pay for legal advice to the Auditor-General, 
and assistance to him in estimating the value of printing for 
Returning Officers and others 

To meet payments to Extra Clerks for services rendered in prepara- 
tion of Returns ordered by Parliament 

Commercial Agencies 

Cost of organizing Printing Bureau 

Plant required for Government Printing Office and for Government 
Bindery 

Survey, construction of roads, bridges and other neccFsary works in 
connection with the Hot Springs Reservation near Banff Station, 
North-West Territories 

Academy of Arts , 

Collection of Orders in Council, &c , 

To assist in the publication of the proceedings of the Royal Society. .. 

Collection and classification of old records of the late Province of 
Canada 

Amount required for lithographing statistical diagrams....: 

Towards aiding in the publication of the fifth volume of " Le Diction- 
naire Gonealogiquc des Families Canadiennes" , 



332,176 00 
91,250 00 
82,000 00 
35,000 00 
70,000 00 
G0,000 00 
5,000 00 
5,000 00 

00,000 00 
8,000 00 

1,200 00 

583 33 



Carried forward. 



6,000 00 
20,000 00 



25,000 00 

2,000 00 

142,889 10 
3,500 00 

10,000 00 

2,000 00 

18,000 00 

3,500 00 
5,000 00 



500 00 



Total. 

$ eta. 

14,726,249 01 



6,000 00 

10,000 00 

1,500 00 


165,000 00 


25,000 00 
2,000 00 
9,000 00 
5,000 00 


2,000 00 
4,000 00 


1,000 00 



750,209 33 



40 



467,889 10 16,475.468 34 

eMEDULE 
oc 



1888. Supplies. Chap. 1. 89 

SCHEDULE M— Continued. 



SERVICE. 



Amount. 



Total. 



Brought forward., 



MISCELLANEOUS— Conc/tfcfe J. 

As remuneration for services performed by the late W. F. Whitcher, 
Commissioner of Fisheries iu 1871 and 1877 at Wasbinfton and 
Halifax, in connection with the negotiation of the Treaty of 
Washington, and the arbitration consequent thereon ; to be paid 
to bis widow 

To pay a gratuity to the family of the late Hon. Thomas White eaual 
to the amount of the salary he was receiving at the time or his 
death, from 21st April to 30th June, 1888, and from 1st July, 1888, 
to I St January, 1889 



$ cts. 
467,889 10 



COLLECTION OF REVENUES. 

Customs. 

Salaries and Contingent Expenses of the several Ports : — 

In the Province of Ontario $270,625 0.) 

do Quebec 223,345 00 

do New Brunswick 88,220 00 

do Nova Scotia 109,310 00 

do Manitoba c0,850 00 

do North-West Territories 4,000 00 

do British Columbia 41,020 00 

do Prince Edward Island 21,060 00 

Provinces generally — To cover any unforeseen changes it 

may appear necessary to make in Staff. 5,000 00 

Salaries aod travelling expenses of Inspectors of Ports, 
and travelling expenses of other officers on inspec- 
tion 20,000 00 

Miscellaneous — Contingencies of head office, coyering 
printing, stationery, advertising, telegraphing, &c., 

for the several Ports of Entry 15,000 00 

Board of Customs and Outside^ Detective Service — To 
meet expenditure in connection therewith, including 
$800 salary of the Commissioner of Customs as 

Chairman of the Board 18,000 00 

Customs Laboratory — To meet expenditure in connection 
with the testing of sugars, &c.| including pay of 

officers appointed or employed for that purpose 5,000 00 

To provide for the administration of the Chinese Immi- 
gration Act, including remuneration to Customs 

Officers 3,000 00 

To provide for the purchase of a steam launch to be used 

at the port of Quebec 3,000 00 



EXCIHE. 

Salaries of Officers and Inspectors of Excise, iucluding$200 
to increase the salary of A. P. McPherson, Accountant, 
Toronto Division, from $1,200 to $1,400, notwith- 
standing anything to the contrary in the Civil Service 
Act $260,477 50 

PreTentive service 9,000 00 

To proride for increases dependent upon the result of Ex- 
cise Examinations 2,000 00 

To provide for increase of pay of Officers at large distil- 
leries and factories 5,000 00 

TtETelling expenses, rent, fuel, stationery, Ac, also stamps 

for imported ana Canadian tobacco 65,000 00 

Carried forward $341,477 50 

41 



$ cts. 
16,475,458 34 



3,000 CO 



4,842 66 



475,731 76. 



857,430 00 



857,430 J)0 

Digitized 



SCH 



15J61.190 la 

EDITLE 



40 Chap. 1. Sffpp/ies. 51 VlCT. 

SCHEDULE B'-Coniinued. 



SERVICE. 



Brought forward $341,477 60 

COLLEOTIOV OP REYK^UKH— Continued. 

ExciSM—Coneluded. 

To pay CoUectore of Customs allowance on duties col- 
lected by them 3,500 00 

Commission to sellers of stamps for Canada twist tobacco. 250 00 

To provide for the promotion of four additional special 
class Officers, the number being increased from twenty 
to twenty-four 1,400 00 

Sjiecial. 

To enable the Department to purchase wood naphtha and 
similar articles for is.sue to bonded manufacturers, 
under provisions of R.S.C., chapter 34, section 233, 
the cost of which will be recouped by the manufacturers 
to whom they are supplied 5,000 00 

For increase to the salary of the Collector of Inland Rev- 
enue at Sorel 15 00 

Further amount required for contingencies 10,000 00 

do do preventive ser vine 8,000 00 

To pay G. A. Ironsides, Collector of Inland Revenue, Port 
Arthur, a salary of $1,000 per annum, such increase to 
compensate him for additional work performed in 
inspecting petroleum imported at that port 200 00 



CULLINa TiMRER. 

Montreal. 

Deputy Supervisor $ 900 00 

Book-keeper and Clerk 600 00 

(Quebec. 

Supervisor 2,200 00 

Deputy Supervisor 1,000 00 

Oashicr 1,500 00 

Specification Clerks 1,400 00 

Messenger and Caretaker 350 00 

Specification Clerks, Ac, 8 months, 1 at $1,000, 1 at §700, 

1 at $650, 2 at $600, 2 at §550 4,6^n 00 

Assistent Book-keeper 1,100 00 

Three Bice re. 

Deputy Supervisor « 300 00 

Clerk 700 00 

Payof Cullers 25,000 00 

Contingencies 8.000 00 

Annuities to Superannuated Cullers 6,600 00 

To paj^ Jas. Patton, Supervisor of Cullers, Quebec, a salary 
of $2,400 per annum, the estimate for this purpose 

being$2,200 200 00 

Carried torward 

42 



Amount. 



$ cts 
857,430 00 



369,842 50 



55,100 00 



1,282,37260 

Digitized 



Total. 



$ CtB. 

15,951,190 10 



15,951,190 10 

SCHEDULE 



1888. 



Supplies, 
SCHEDULE ^—Continued. 



Chap. 1. 



41 



SERVICE. 



Brought forward 

COLLECTION OF REVENUES— Con<*nw(?d. 

WlIOHTS AND MSASURES AND GaB. 

Salaries of Inspectors and Assistant Inspectors of Weights 

and Measures....- $ 47,000 00 

Salaries of Inspectors of Gas 12,no 00 

Salary of Commissioner of Standards 800 00 

Rent, fuel, travelling expenses, postage, stationery, Ac, 

for Weights and Measures : 18,000 00 

RenU fuel, travelling expenses, postage, stationerj, &c., 

for Gas, including equipment of four new offices 8,000 00 

Salary of the Chief Inspector of Standards 2,000 00 



Inspkction of Staples. 

For the purchase and distribution of standards of flour, &c., and other 
expenditure under the Act 



Adultbratjon of Food. 
To meet expenses under the Act 



Liquor Licenbk Act. 
To meet probable amount required for this service 

Minor RiEVENUEs. 

Minor Revenues $ 1,500 00 

Ordnance Lands 2,500 00 



Railways. 

Repairs and Working Expenses. 

Intercolonial Railway $2,900,000 00 

Eastern Extension Railway 94,000 00 

Prince Edward Island Railwav 205,000 00 

Windsor Branch Railway .". 27,000 00 



Amount. 



$ cts. 
1,282,372 50 



87,970 00 



2,500 00 



25,000 00 



4,000 00 



4,000 00 



Canalh. 

Maintenance and Repairs. 

Repairs and working expenses $405,730 00 

Salaries and contingencies of Canal officers 37,786 00 

To pay A. Pridham, Collector of Canal Tolls, Grcnville, 

a salary of $1,000 per annum 200 00 

Rideau Canal-Repairs 3,000 00 

Canal contingencies 1,500 00 



3,22G,CO0 00 



Public Works. 

Collection of Slide and Boom Dues $ 21,700 00 

Repairs and working expenses, Harbors and Slides— in- 
cluding River YamasKa Lock and Esquimau Graving 
Dock 96,525 00 



508,216 00 



ToUl. 



$ cts. 
1^951,190 10 



Carried forward $118,225 00 5,140,068 60 wja^^^«rv *« 

43 Digitized. SCHEDULE 



15,951,190 10 



42 Chap. 1. Supplies. 

SCHEDULE ^—Continued, 



51 Vict. 



SERVICK. 



Amount. 



ToUl. 



$ cts. 
13rought forward A $118,225 00 5,140,058 60 

COLLKCTION OF REVENUES— Continttecf. 

Public Works — Contluded. 

Telegraph line between Prince Edward Island and the 

mainland 2,000 00 

Land and cable telegraph lines of the sea coasts and 
islands of the Lower Rivers and Gulf of St. Lawrence 
and Maritime Provinces, including cost of working 
steamer " Newfield" or other vessel when required for 
cable service 28,000 00 

Telegraph Lines, North-West Tejritories 20,000 00 

do British Columbia 6,500 00 

Telegraph and Signal Service, generally 10,000 00 

Public Works Agencies, British Columbia 5,300 00 

To pay H. J. Chaloner, Crown Timber Agent, Quebec, 
a salary of $2,4(.0 per annum, the estimate for thispur- 
posebeing |2,200 200 00 

To pay IL J. Miller, Assistant Crown Timber, Agent, 
Quebec, a salary of ;^1,400 per annum, the estimate 
for this purpose being $1,200 200 00 

L^vis Qravin^ Dock — Working expenses 6,000 00 

Telegraph Lines, North-West Territories— Additional 

amount required 1,000 00 

For purchase of horses to replace old worn out animals 1,000 00 



$ cts. 
15,951,190 10 



Post Office. 

OnUrio $1,34^,170 00 

Quebec 648,940 00 

New Brunswick 242,540 00 

Nova Scotia 257,050 00 

Prince Edward Island 43,390 00 

British Columbia 151,150 00 

Manitoba and the North-West Territories 278,380 00 

To provide for the promotion of a Third Class Clerk in 
the Charlottetown (P.E.I.) Post Office to a Second 

Class Clerkship 100 00 

To provide for an increase of salary to two First Class 
Clerks in the Montreal Post Office, one at f 100 and 

the other at *50 150 00 

To provide for an increase of salary to the Postmaster at 

Fredericton, N.B 100 00 

To add to the sum provided fi>r a now vacant Clerkship 
in the P. 0. Inspector's Office, Halifax, to enable the 
Inspector to pay Sydenham Howe for services in that 

office 200 00 

To provide for an additional Third Class Clerk in the 

Hamilton Post Office 400 00 

To provide for the payment of a gratuity of two months' 
salary to Mrs. McLelan, widow of the late D. T. 
McLelan (killed on duty 6th January, 1888), a Tem- 
porary Railway Mail Clerk, in the British Columbia 
Postal Division 80 00 



197,426 00 



DoMi.NioN Lands — Outside Service. 

Land Board at Winniptg. 

Commissioners salary $5,000 00 

Superintendent of Mines' salary 3,200 00 

do do travelling expenses 1,600 00 



Carried forward. 



2,968,650 00 



44 



$9,700 00 8,306,133 60 16 951,190 10 

oig,,ed. SCHEDULE 



1888. 



Supplies. 
SCHEDULE B— Continued. 



Chap. 1. 



43 



SERVICE. 



Amount. 



Total. 



Brought forward $0,700 00 

COLLECTION OF REVKlfVES-Continued. ' 

Dominion Lands — Outside Sehyice— Concluded. ' 

1 
Land Board at >rinni/>tfy— Concluded. I 

Saperintendcnt of Mines' contingenciea 1,000 00 

do do clerks' salaries l,82r> 00 

iMpector of Agencies' salary 2,000 00 

do do travelling expenses 1,500 00 

Secretary's salary 1,80) 00 

Assistant Secretary's salary 1,400 00 

Clerks' salaries 13,296 00 ' 

Contingencies, light, postage, telegramSi &c 2,700 00. | 

Caretaker and Messenger 600 00 I 

Seven Homestead Inspectors' salaries 8,400 00 | 

do do travelling expenses 7,000 00 i 

Land Guide Service 2,0 00 ; 

Special services 5,000 00 i 

i 

Dominion Lands Afffnct*s. 

Dominion Lands Agents 19.200 00 ' 

Clerks 18,532 25 

Contingencies, including oflBcc rent, fuel, Ac 9.500 00 | 

do paid at Head Office for Outside Service 2,050 00 



$ cts.j $ cts. 
8,306,133 60 15,951,19) 10 



Crown Timber Agfncics. 

Crown Timber Agent? 5,000 (0 i 

Bookkeepers salary, Winnipeg 1,095 00 | 

Contingencies 4.O00 00 

Forest RanjOfers 5,0*0 00 \ 

Inspector of Ranches' salary GOO 00 \ 

do contingt»ncies 200 00; 

Forestry Commissioner's salary 2,000 00 

do travelling expenses 1,200 00 

Stationerv and Printing for Outside Service 4,000 00 | 

To provide for payment to the following members of the I 

Civil Service for services in connection with the Board j 
of Examiners for Dominion Land Surveyors :— 

Edward Deville. $80; W. P. King,|80: William ! 

Pearce, $80 j A. H. Whitcher, ^0 ; P.B. Symes, 1 

$«o : : : 400 00 ■ 

To provide for the payment of members of the Board of i 

Examiners of Dominion Land Surveyors who are not | 

members of the Civil Service, and the expenses of the | 

Board ^ 800 00 | 

Half-Breed Claims. j 

Commission expenses 3,000 00 ; 

British CoIumhi'X. ! 

Dominion Lands Agent's salary 2,800 00 ! 

do contingencies 1,000 00 | 

Clerks 3,010 00 ' 

Crown Timber Agent's salary 1,GOO 00 > 

do contingencies 1,200 00 | 



-I 146,268 25 



Carried forward 18,452,401 75 



45 



15,951, 1'JO 10 



Digitized 



SCHEDULE 



44 Chap. 1. Supplies. 

SCHEDULE B— Concluded 



61 Vict. 



SERVICE. 



Amount. 



Total. 



I $ Ct8. 
Brought forward 8,462,401 76 

COLLECTION OP REVENUES— Conc^ac/^rf. 

Dominion Lauds — Insidb Seryick. 



Extra Clerks at Head Office, Ottawa $ 28,000 00 

AdyertisiDg, copjing, &c 7.000 00 



DOMINION LANDS. 

(Chargeable to Capital.) 

To provide for the amount required for gurveys, examination ot suryejl 
roturnSf printing of plans, Ac 



86,000 00 



Total. 



$ cts. 

15,951,190 10 



8,487,401 75 



110,000 00 



24,548,591 85 



OTTAWA : Printed by Brown Chamberlin, Law Printer to the Queen's Most Excellent Majesty 



46 



Digitized by VjOOQIC 




51 VICTORIA.. 



CHAP. 2. 



An Act to authorize the raising, by way of loan, of 
certain sums of money for the Public Service. 

[Assented lo 22nd May, 1888.] 
XTER Majesty, by and with the advico and consent of the Preamble. 
■*-■• Senate and House of Commons of Canada, enacts as 
follows : — 

!• In addition to the sums now remaining unborrowed iP|?^o^fo/v 
and negotiable of the loans authorized by Parliament, by authorized. 
any Act heretofore passed, the Governor in Council is 
hereby authorized to raise, by way of loan, such sum or 
sums of money, not to exceed in the whole the sum of 
twenty-five million dollars, as may be required for the pur- 
pose of paying the floating indebtedness of the Dominion 
of Canada and for the carrying on of the public works 
authorized by the Parliament of Canada. 

2. The sums of money hereby authorized to be raised To be raised 
by way of loan shall be so raised in accordance with and c!*2y^ ^^-^-y 
under the provisions of that portion of chapter twenty-nine 
of the Eevised' Statutes of Canada relating to the public debt 
and the raising of loans authorized by Parliament ; and the Proceeds to 
sums raised under the authority of this Act shall form part Oon.^^er.^* 
of the Consolidated Revenue Fund of Canada : Provided Fund. 
always, that the rate of interest to be paid on any loan to 
be raised under this Act shall not ex( eed four per centum 
per annum. 



OTTAWA : Printed by Brown Chamberlin, Law Printer to the Queen's Most 
Excellent Majesty. 



47 CHAP 

Digitized by CjOOQIC 



51 VICTORIA. 



Preamble, 



Subsidies au- 
thorized. 



CHAP. 3. 

An Act to authorize the granting of subsidies in aid of 
the construction of the lines of railway therein 
mentioned. 

[Assented to 22nd May, 1888] 

TTER Majesty, by and with the advice and consent of the 
-"- Senate and House of Commons of Canada, enacts as 
follows : — 

!• The Governor in Council may grant the subsidies here- 
inafter mentioned to the railway companies and towards 
the construction of the railways also hereinafter mentioned, 
that is to say : — 

To the Ottawa and Parry Sound Railway Com- 
pany, for 22 miles of their railway from a 
point on the Canadian Pacific Railway to 
Eganville, in lieu of the subsidy granted by 
49 Victoria, Chapter 10, for a railway from 
a point on the Canadian Pacific Railway 
to Eganville, a subsidy not exceedingS3,200 
per mile, nor exceeding in the w^hole....s.$ ^70,400 00 

To the Nova Scotia Central Railway Company, 
for 4G miles of their railway, in the Pro- 
Tince of Nova Scotia, a subsidy not exceed- 
ing $3,200 per mile, nor exceeding in the 
w^hole 147,200 00 

To the Montreal and Cham plain Junction Rail- 
w^ay Company, for 3 miles of their rail- 
way from the end of the present subsidized 
section, a subsidy not exceeding $3,200 per 
mile, nor exceeding in the whole 9,600 00 

To the Massawippi Junction Railway Com- 
pany, for their railway from a point on the 
Atlantic and North-West Railway near the 
Village of Magog, to Ayer's Flat Station on 
the Massawippi Valley Raihvay, in lieu of 
the subsidy granted by 50-51 Victoria, 
Chapter 24, a subsidy of ., 82,000 00 

Digitized by CjOOQIC 



1888. Subsidies to Railways. Chap. 3. 2 

To the Pontiac Pacific Junction Eailway Com- 
pany, for bridging the several channels of 
the Ottawa River at Culbute and west 
thereof, a subsidy of |81,500, to be paid 
out monthly as the work progresses, upon 
the certificate of the Chief Engineer of 
G-overnment Railways, in the proportion 
which the value of the work executed bears 
to the value of the whole work undertaken, 
and for three miles of their railway ex- 
tending from a point three miles east of 
Pembroke to Pembroke in the Province of 
Ontario, a subsidy not exceeding $8,200 
per mile,nor exceeding in the whole $9,600, 
provided that the entire work subsidized 
upon this railway shall be completed with- 
in four years from the passing of this Act, 
the subsidy granted by this Act not to 
exceed in the whole $41,100 00 

To the Port Arthur, Duluth and Western Rail- 
way Company, for 84 J miles of their rail- 
way from Port Arthur towards G-un Flint 
Lake, in lieu of the subsidies granted by 
48-49 Victoria, Chapter 59, and 49 Victoria, 
Chapter 10, for the construction of a rail- 
way from Murillo Station to Crooked Lake, 
a subsidy not exceeding $3,200 per mile, 
nor exceeding in the whole 271,200 00 

To the Quebec and Lake St. John Railway 
Company, for 30 miles of their railway 
from Lake St John towards Chicoutimi, or 
from Chicoutimi towards Lake St. John, 
being a transfer made at the request of the 
Saguenay and Lake St. John Railway Com- 
pany of the subsidy granted to them by 
50-51 Victoria, Chapter 24, a subsidy not 
exceeding $3,200 per mile, nor exceeding 
in the whole 96,000 00 

To the Temiscouata Railway Company, for 20 
miles of their branch railway from Ed- 
monston towards the St. Francis River, in 
the Province of Quebec, in lieu of the sub- 
sidy granted by 50-51 Victoria, Chapter 24, 
asuUsidy of 100,000 00 

To the Quebec Central Railway Company, for 
the construction and completion of a line 
of railway from Saint Francis Station to 
a point on the Atlantic and North- West 
Railway near Moose River, 90 miles, in 
lieu of the balance of the subsidy, un- 
earned, granted by 41 Victoria, Chapter 8, 
a subsidy not exceeding $2 1,191.54 per an- 

VOL.1 4 • 49 Digitized ^.toOOgle 



Chap. 3. Subsidies to Railways. 61 ViOT, 

num for twenty years, or a guarantee of a 
like sum for a like period as interest on 
the bonds of the Company, — such annual 
subsidy for twenty years representing a 
grant in cash of. 288,000 

To the Central Railway Company of New 
Brunswick, a grant as subsidy (the road to 
be first laid with new steel rails weighing 
not less than 56 pounds per lineal yard, 
and after an Order in Council has been 
passed authorizing): their transfer to the 
Company) of 4,062 tons of used iron rails 
and fastenings loaned to the St. Martins 
and Upham Railway Company, now form- 
ing part of the Central Railway, — which 
rails and fastenings stand in the Public 
Accounts as an asset of # |83,612 64 

To the Elgin, Peticodiac and Havelock Railway 
Company of New Brunswick, a grant as 
subsidy (the road to be first laid with new 
steel rails weighing not less than 56 
pounds per lineal yard, and after an Order 
in Council has been passed authorizing 
their transfer to the Company) of 2,201 
tons of used iron rails and fastenings loaned 
to the Elgin Branch Railway, now forming 
part of the Elgin, Peticodiac and Havelock 
Railway — which rails and fastenings stand 
in the Public Accounts as an asset for .... 44,262 82 

To the Kent Northern Railway Company of 
New Brunswick, a grant as subsidy (the 
road to be first laid with new steel rails 
weighing not less than 66 pounds per 
lineal yard, and after an Order in Council 
has been passed authorizing their transfer 
to the Company) of 2,649 tons of used iron 
rails and fastenings loaned to the Com- 
pany, — which rails and fastenings stand in 
the Public Accounts as an asset for 68,884 27 

To the Halifax Cotton Company, of Nova Scotia, 
a grant as subsidy (the road to be first laid 
with new steel rails weighing not less than 
56 pounds per lineal yard, and after an 
Order in Council has been passed author- 
izing their transfer to the Company) of 233 
tons of used iron rails and fastenings loaned 
to the Company, — which rails and fasten- 
ings stand in the Public Accounts as an 
asset for 4,336 00 

To the Steel Company of Canada, in Nova 
Scotia, a grant as subsidy (the road to be 
first laid with new steel rails weighing 

*0 • Digitized by G0C7W)t 



1888. Subsidies to Bailways. Chap. 8. 4 

not less than 66 pounds per lineal yard, 
and after an Order in Council has been 
passed authorizing their transfer to the 
Company) of 597 tons of used iron rails 
and fastenings loaned to the Company, 
— ^which rails and fastenings stand in the 
Public Accounts as an asset for 11,964 66 

To the Albert Eailway Company of New Bruns- 
wick, a grant as subsidy (the section of 
road to be first laid with new steel rails 
weighing not less than 56 pounds per 
lineal yard, and after an Order in Council 
has been passed authorizing their transfer 
to the Company) of t26 tons of used iron 
rails and fastenings loaned to the Company, 
— which rails and fastenings stand in the 
Public Accounts as an asset for $14,665 45 

To the Chatham Branch Railway of New 
Brunswick, a grant as subsidy (the road 
to be first laid with new steel rails weigh- 
ing not less than 56 pounds per lineal yard, 
and after an Order in Council has been 
passed authorizing their transfer to the 
Company) of 958 tons of used iron rails and 
fastenings loaned to the Company, — ^which 
rails and fastenings stand in the Public Ac- 
counts as an asset for 24,439 84 

2. All the lines, for the construction of which subsidies On what con* 
are granted, shall be commenced within two years from the ^^^mi^'^be*" 
first day of August next, and completed within a reasonable granted 
time, not to exceed four years, to be fixed by Order in 
Council, and shall also be constructed according to descrip- 
tions and sjpecifications, and upon conditions to be approved 
by the Q-ovemor in Council, on the report of the Minister 
of Railways and Canals, and specified in an agreement to 
be made in each case by the Company with the Government, 
and which the Q-overnment is hereby empowered to make ; 
the location also of every such line of railway shall be sub- 
ject to the approval of the G-overnor in Council ; and all the How payable, 
said subsidies respectively, payable in cash, shall be payable 
out of the Consolidated Revenue Fund of Canada by in- 
stalments, on the completion to the satisfaction of the Min- 
ister of Railways and Canals, of each section of the railway 
of not less than ten miles, proportionate to the value of the 
portion so completed in comparison with that of the whole 
work undertaken, to be established by the report of the said 
Minister, or upon completion of the work subsidized. 



OTTAWA : Printed by Bbown OkAMJii&LXH, Law Printer to the Queen's Most 
Excellent Majesty. 

TOL. 1—4} 61 Dig CHAP- oogle 




51 VICTORIA. 



CHAR 4. 



Preamble. 



Time for com- 

pletion of 

works extend' 

ed. 

49 v., c. 18. 



Further delay 
accorded con- 
ditionally. 



Section 2 
amended. 



Powers con- 
tinued. 



An Act to make further provision respecting the grant- 
ing of a subsidy to the Chignecto Marine Transport 
Railway Company (Limited). 

[Assented to 22nd May, 1888.] 

TTER Majesty, by and with the advice and consent of the 
-*-■• Senate and House of Commons of Canada, enacts as 
follows : — 

1* Notwithstanding anything contained in the Act 
. forty-ninth Victoria, chapter eighteen, or in the indenture 
set forth in the schedule thereto, the date on or before 
which the Chignecto Marine Transport Railway Company 
(Limited) shall, to entitle them to receive the subsidy 
therein mentioned, be bound to complete the works 
referred to in the said indenture, shall be the first day of 
July, one thousand eight hundred and ninety, instead of 
the first day of July, one thousand eight hundred and 
eighty-nine, as provided by paragraph six of the said 
indenture. 

S* If the Company have not completed the said works 
by the said first day of July, one thousand eight hundred 
and ninety, they shall be accorded a further delay of 
twenty-four months from the said day for completinff the 
same, on the condition that the Company pay monthly a 
penalty of five thousand dollars to the Minister of Finance, 
for the public uses of Canada, for each month during which 
the works remain uncompleted. 

Ji« Section two of the Act hereinbefore cited is hereby 
amended by substituting the words " five millions five 
hundred thousand dollars " for the words " five millions 
of dollars " in the last line of the said section. 

4. All j)owers conferred upon the Company by any Act 
of the Parliament of Canada are hereby continued and 
extended for the periods and on the conditions hereinbefore 
set forth. 



OTTAWA 



: Printed by BBOfWM Ghambbrliii, Law Printer to the Queen's Most 
Excellent Majesty. ^ 

62 Digitized by V^ CHAP. 




51 YICTORIA. 



CHAR 5. 

All Act to make further provision respecting the con- 
struction of the ship channel between Montreal and 
Quebec. 

[Assented to 22nd Mat/, 1888.] 

XTER Majesty, by and with the advice and consent of the Preamble. 
-*-■- Senate and House of Commons of Canada, enacts as 
follows : — 

!• The Government of the Dominion of Canada may Montreal Har- 
release and discharge the corporation of the Harbor Com- Jioneremar" 
missioners of Montreal from all liability to repay to the said be release/ 
Government the whole or any part of the advances made obUgationB^ 
to the said corporation to enable them to widen and deepen 
the channel in lake St. Peter and the river St. Lawrence 
from Montreal to Quebec, or any interest thereon beyond 
the amount of interest already paid by them to the Govern- 
ment, it being understood that no portion of the amount 
so paid for interest is to be refunded. 

*• The Government may pay to the said corporation of ^^c^Jm of «*- 
the Harbor Commissioners of Montreal a sum not exceeding mj^be^ropaid 
the sum of thirty-seven thousand four hundred and five to them, 
dollars, which the said commissioners represent as 
being the excess of their expenditure (apart from their 
expenditure on capital account) over their net revenue 
during the calendar year one thousand eight hundred and 
eighty-seven. 

8« The Government may, in addition to the said payment Certain 
specified in the next preceding section, expend, through the Se^S^ndel 
medium of the said Harbor Commissioners or otherwise, in on works, 
the work of completing the said channel, the amount now 
remaining unexpended of the sums authorized, by any Act 
heretofore passed, to be advanced to the said Harbor Com- 
missioners of Montreal for the purpose of completing the 
said channel. 

58 4. 



Digiti: 



zed by Google 



2 Chap. 6. Ship Channel, Montreal and Quebec. 51 VicT. 

Tc«Mge dues 4« No tonnage dues heretofore payable to the said Harbor 
* • Commissioners shall hereafter be levied on, or collected 
from, any sailing vessel or steamer at the port of Montreal. 

toGow?-^ ** ^^^ dredging plant and appliances heretofore used by 
ment ~ the said Harbor Commissioners, in connection with the said 

channel works, shall hereafter belong to the Grovernment 

of Canada. 



OTTAWA : Printed by Brown Ohakbkrlik, Law Printer to the Queen's Moat 
Excellent Majesty. 



54 n .. rCHAP 

Digitized by V^ 




51 VICTORIA. 



CHAR 6. 

An Act relating to certain advances made to the Quebec 
Harbor Commissioners. 

[Assented to 22nd May, 1888.] 

TTER Majesty, by and with the advice and consent of the Preamble, 
*-■-*• Senate and House of Commons of Canada, enacts as 
follows : — 

!• The graving dock built at Levis, opposite Quebec, L^TifgnTing 
shall henceforward be and become a public work of Canada, ^i^^ Oan- 
and shall be under the control of the Minister of Public ada. 
Works of Canada and administered by him ; and the Cor- 
poration of the Quebec Harbor Commissioners shall cease 
to have any control over it, and all powers, privileges and 
antiiorities in connection therewith now vested in the said 
Cori)oration of the Quebec Harbor Commissioners shall 
cease, and the same shall henceforward be vested in the Q-ov- 
emment of Canada. 

*• The said Corporation of the Quebec Harbor Commis- Quebec Har- 
sioners shall be released and discharged from any and all j^f^'JJ?^ 
obligation to repay to the Government of Canada the whole leased from 
or any part of the advances made to them by the said ii*wuty. 
Oovemment under the provisions of any Act heretofore 
passed for the purpose of defraying the expense of construct- 
ing the said graving dock, and from any obligation to pay 
to the said Government any sums of money to provide for 
the payment of interest thereon or for the formation of a 
sinking fund in connection therewith. 

8. Out of the bonds of the said Corporation of the Que- A certaia 
bee Harbor Commissioners now held by the Minister of JJJflTto be 
Finance and Receiver General, to cover advances made to released to 
the said Corporation of the Quebec Harbor Commissioners Jf oq^JJ"™^ 
by the Government of Canada to meet payments on account 
of improvements in the Harbor of Quebec and in connection 
with the wet or tidal dock at the mouth of the River Saint 
Charles, there shall be returned to the said Corporation of 

55 Digitized Jj^OOgle 



2 Chap. 6. Quebec Harbor Commissioners, 61 ViCT. 

the Quebec Harbor Commissioiiers such amount of bonds as 
shall be equal, in par value, to the amount which has been 
paid out 01 capital by the said Corporation of the Quebec 
Harbor Commissioners to the said Government for interest 
and sinking funds on the bonds so deposited as aforesaid 
with the Minister of Finance and Receiver General, and 
the said Corporation of the Quebec Harbor Commissioners 
shall thenceforward be released from any obligation in con- 
nection with the bonds so to be returned as aforesaid and 
the advances represented thereby. 

Rate of later- 4. From and after the first day of January, one thousand 

®®*' eight hundred and eighty-eight, the rate of interest to be 

paid on all the bonds so deposited as aforesaid and on all 

bonds thereafter deposited, to cover further advances for the 

same purpose, shall be four per cent, per annum without 

Bonds now sinking fund, and all of the said bonds remaining in the 

erament tobe hands of the Minister of Finance and Receiver General^ 

replaeed. after deducting the amount to be returned as in the next 

preceding section provided, shall be replaced with bonds of 

the said Corporation of the Quebec Harbor Commissioners 

for the same par value, in such form as he approves, bearing 

interest at four per cent, per annum without sinking fund : 

ProTiflo: as Provided always, that all amounts actually paid. to the 

paJdM^Sik- Government of Canada by the said Corporation of the 

ing ftind. Quebec Harbor Commissioners for sinking fund on their 

said bonds shall be the property of the Government of 

Canada and form part of the Consolidated. Revenue Fund 

of Canada. 



OTTAWA : Printed bj Brown Chambbrlin, Law Printer to the Queen's Most 
Excellent Majestj. 



56 Digitized by 



GOC CHAP. 




61 YICTORIA. 



CHAR 7. 

An Act to amend "The Consolidated Revenue and Audit 
Act/* Chapter twenty-nine of the Revised Statutes of 
Canada. 

[Assented to 4th May, 1888.] 

WHEREAS it is expedient to amend " The Consolidated Preamble. 
Revenue and Audit Act " as hereinafter provided : R.S.O., c 19. 
Therefore Her Majesty, by and with the advice and consent 
of the Senate and House of Commons of Canada, enacts as 
follows : — 

!• The salary of the Auditor Greneral of Canada shall be Salary of the 
four thousand dollars per annum, and his salary shall be f^f^^^ ^^' 
paid to him at such rate as from the first day of July, one 
thousand eight hundred and eighty-seven. 

2. The Auditor General shall be subject to the provi- RSC, c. 18 
sions of " The Civil Service Superannuation Act " except as ^ *^^ ^* 
regards his tenure of office. 

3. Section twenty-six of the Act cited in the preamble is Section 26 of 
hereby amended by striking out the words " Grovernor in Sanded. ' ^^ 
Council " in the first line, and substituting the words 

" Treasury Board " in lieu thereof. 

4. Section thirty-one of the said Act is hereby repealed Section 31 re- 
and the following substituted therefor : — eectfon. ^^^ 

"31. The Auditor General shall see that no cheque issues DntyofAndi- 
for the payment of any public money for which there is of'cheques.^'*** 
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 ; and he 
shall report to the Treasury Board through the Minister of Report in ( 
Finance and Receiver General, any case in which a sub- o^®"®^^* 
accountant has expended money out of the proceeds of any 
accountable credit, for any purpose for which there is no 
legislative authority, or beyond the amount for which there 

Digitized by VjOOQ IC 



ease 



Chap. Y. The Consolidated Revenue and Audit Act. 61 ViCT. 



Section 32 
amended. 



is such authority, or for any other appropriation or purpose 
not connected with such credit." 

5* Section thirty-two of the said Act is hereby amended 
by striking out the words " Minister of Finance and 
Receiver General " in the ninth line and substituting the 
words " Treasury Board " in lieu thereof. 

Section 35 re- 6. Section thirty-five of the said Act is hereby repealed 
aectUm'. ^*^ ^^^ *^® following substituted therefor : — 



Account by 
Minister or 
Finance for 
Auditor Qen* 
eral ; what to 
show. 



Accounts and 
report to be 
laid before 
Parliament. 



Section 36 
amended. 



" 35. The Minister of Finance and Receiver General shall 
cause an account to be prepared and transmitted to the 
Auditor General, on or before the thirtieth day of Septem- 
ber in every year, showing the issues made from the Con- 
solidated Revenue Fund in the financial year ended on the 
thirtieth day of June preceding, for services directly under 
his control ; and such accounts and the reports of the 
Auditor General thereon shall be laid before the House of 
Commons by the Minister of Finance and Receiver General, 
on or before the thirty-first day of January in the following 
year, if Parliament is then sitting, and if not sitting, then 
within one week after Parliament is next assembled." 

T. Section thirty-six of the said Act is hereby amended 
by striking out all the words after the word ** Parliament " 
in the fourth line to the end of the section. 



39 Md*40^' S. Sections thirty-eiffht, thirty-nine and forty of the said 
pealed; new Act are hereby repealed and the following substituted 
sections. therefor : — 



mination. 



Accounts to " 88« On or before the thirtieth day of September in 

an<f transmit. ©Very year, accounts of the appropriation of the several 

ted for exa- supply grants comprised in the Appropriation Act for 

the year ending thirtieth June then last, or in any other 

Act, shall be prepared by the several departments, and 

be transmitted for examination to the Auditor General 

and to the Deputy of the Minister of Finance and 

Receiver General, 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 

Examination for the services to which they respectively relate; and 

on*nch^^' the Auditor General shall certify and report upon such 

couiSs. accounts, as hereinafter directed ; and each account shall 

be examined under the direction 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." 

58 Digitized by GoOgl^S^* 



1888. Uie Consolidated Revenue and Audit Act. Chap. T. 8 

"39. The department charged with the expenditure of Departmental 
any vote under the authority of the Q-ovemor in Council, J^counSr*^^'^ 
shall prepare the appropriation account thereof." 

"40. The department charged with the duty of prepar- ^'*^^^?®' 
ing the appropriation account of a grant shall transmit to paring^sne^^ 
the Auditor General, together with the annual appropria- accounts. 
tion account of such grant, a balance sheet so prepared as 
to show the debtor and creditor balances in the ledger of 
such department on the day when the said appropriation 
account was closed, and to verify the balances appearing 
upon the annual appropriation account ; and any balances Balancei oat- 
outstanding in the hands of any person or persons unex- ■^'^^^^K- 
pended or unaccounted for at such period shall be 
accounted for and settled as soon thereafter as is prac- 
ticable, but not later than the termination of the next suc- 
ceeding fiscal year." 

9. Sections forty-three and forty-four of the said Act Sections 4S 
are hereby repealed and the following substituted there- JJ; Jtw Seo-' 

for : — tions. 

" 43. Every appropriation account, when rendered to the ExpUnatioii 
Auditor General, shall be accompanied by an explanation "iocompw 
showing how the balances on the grants included in the accounts, 
previous account have been adjusted, and shall also contain 
an explanatory statement of any excess of expenditure over 
the grants included in such account ; and such statement, 
as well as the appropriation account, shall be signed by 
the deputy head and the accountant or such other duly 
authorized officer of such department as the Treasury 
Board determines." 

" 44. Bverv appropriation account shall be examined by Bxaminatiim 
the Auditor General, on behalf of the House of Commons ; the Au^tor^ 
and in the examination of such accounts, the Auditor Gen- General. 
eral shall ascertain, first, whether the payments which the 
accounting department has charged to the grant are sup- 
ported by the vouchers required by this Act and by proofs 
of payment ; and, second, whether the money expended 
has been applied to the purposes for which such grant was 
intended to provide : Provided always, that whenever it Further exa- 
appears to the Minister of Finance and feeceiver Gheneral, that ™^^ wquU^ 
the expenditure included, or to be included, in any appro- ed. 
priation account, or any pori:ion of such expenditure, calls 
for further examination, he may instruct the Auditor 
General to examine such expenditure and to report to the 
Minister of Finance and Eeceiver General thereon ; and if ^J^^^^ 
the Minister of Finance and Receiver General does not, Oommons if 
thereupon, see fit to sanction such expenditure, it shall be ? g*^*'*^®^' 
regarded as being not properly chargeable to a Parliamentary 
grant, and shall be reported to the House of Commons, in 
the manner hereinafter provided." 

89 ^ Digitizil^^GoOgle 



r- 



Section 48 re- 
pealed ; new 
section. 



In report at- 
tention to be 
called to any 
excess of ex- 
penditure, 



Chap. 7. The Consolidated Revenue and Audit Act, 51 VlC?r. 

lO. Section forty-eight of the said Act is hereby repealed 
aiyi the following substituted therefor : — 

" 4S. In reporting as hereinbefore directed for the inform- 
ation of the House of Commons, the result of the examina- 
tion of the appropriation accounts, the Auditor G-eneral 
shall call attention to every case in which cheques have 
been issued without his certificate, — or in which a grant 
has been exceeded, — or in which 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 directions of Parliament, — or 
in which a sum charged against a grant is not supported 
by proof of payment, — or in which 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." 



OTTAWA : Printed by Brown Cha.mbkblin, Law Printer to the Queen's Most 
Excellent Majesty. 



60 



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zedbyGoOgk 



CHAP. 




51 VICTORIA. 



CHAR a 

An Act relating to the interest payable on deposits in 
the Post OflBce and Government Savings Banks. 

[Assented to 22nd May, 1888.] 

TTEB Majesty by and with the advice and consent of the Preamble. 
-■-■• Senate and House of Commons of Canada, enacts as 
follows : — 

!• Section seventy-two of chapter thirty-five of the Section 72 of 
Bevised Statutes of Canada, respecting the Postal Service, is ^^e^e^^^'^ew 
hereby repealed and the iollowing substituted therefor : — section. ' ^^"^ 

" 755* The interest payable to the persons making such what interest 
deposits shall be at such rate, not exceeding the rate of four ^^^^^ ^® p*^*" 
per centxun per annum, as the Governor in Council from 
time to time prescribes, but such interest shall not be cal- 
culated on any amount less than one dollar or some multiple Basis of cai- 
thereof, and shall not commence 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 with- 
drawn." 

2« Section ten of chapter one hundred and twenty-one Hection lo of 
ef the Revised Statutes of Canada, respecting Government repefie/; ^^^ 
Savings Banks, is hereby repealed and the following substi- new section. 
tuted therefor : — 

" lO. The interest payable to the persons making such ^auVe^^'^ 
deposits shall be at such rate, not exceeding the rate of four bie. ^ ^*^*" 
per centum i)er annum, as the Governor in Council from 
time to time prescribes ; but such interest shall not be cufition?^^" 
calculated on any sum less than one dollar, or on any sum 
other than a dollar or the multiple of a dollar." 



OTTAWA: Printed by Brown Ohambirlin, Law Printer to the Queen's Moflt 
Excellent Majesty. 



61 CHAP. 

Digitized byCjOOQlC 




61 VICTORIA. 



CHAP. 9. 

An Act further to amend the Revised Statutes, Chapter 
five, respecting the Electoral Franchise. 

• [Assented to 22nd May, 1888.] 

Preamble. TN further amendment of " The Electoral Franchise Act,^^ 
X Her Majesty, by and with the advice and consent of 
the Senate and House of Commons of Canada, enacts as 
follows : — 

Lists of ▼oten !• It shall not be necessary that any revision of the lists 
re^ed^L^ of voters prepared in accordance with the provisions of 
1888. " The Electoral Franchise Act " shall be proceeded with 

during the present year, one thousand eight hundred and 
eighty-eight, but the lists of voters in force at the time of 
the passing of this Act shall continue in force until the 
same are finally revised, in accordance with the provisions 
of the said Act, in the year one thousand eight hundred and 
eighty-nine. 



OTTAWA : Printed by Brown Chambsrlin, Law Printer to the Queen's Most 
Kzcellent Majestj. 



62 CHAP. 

Digitized byCjOOQlC 




51 YICTORIA. 



CHAP. lo. 



An Act to amend " The North-West Territories Repre- 
sentation Act." 

[Assented to 22nd May, 1888.] 

WHEREAS it is desirable that elections should be held Preamble, 
in the North- West Territories on the same day as 
they are held in other parts of Canada : Therefore Her 
Majesty, by and with the advice and consent of the Senate 
and House of Commons of Canada, declares and enacts as 
follows : — 

1. Section fifteen of " The North- West Territories Repre- Section 15 of 
sentation Act " is hereby repealed, and the following section re^'Sed%ew 
substituted in lieu thereof : — section. ' 

" 15* At least eight days before the day fixed in the writ Proclamation 
for the nomination of candidates the returning officer shall ^^^^ ^^^^ 
cause to be jwsted up in a conspicuous position, in at least 
ten of the most public places in the electoral district, a 
proclamation in the form E, in the schedule to this Act, in ^/f ^h*^^ 
which proclamation shall be set forth — 

" (a.) The place and time fixed for the nomination of can- Nomination. 
didates ; 

" (b.) The day on which the poll for taking the votes of Day ofpoU- 
the electors is to be held in case a poll is demanded ; ^^' 

" (c.) The several polling stations fixed by him, and the Polling 8ta« 
territorial limits to which they respectively apply ; ^^^^' 

" (rf.) The time when and the place where the retuminff Summing up 
officer will sum up the number of votes given to the severju ^*^^*- 
candidates." 

2. Sections twenty-five and twenty-six of the said Act Sections 25 
are hereby repealed, and the following are substituted in •^f new seo^" 
lieu thereof : — tions. 

" 25« Immediately upon the receipt by the retuminff Polling sub- 
officer of the writ for the election, the returning officer shafl ^SJJiighed.^ 
subdivide the electoral district into as many polling divi- 
sions as he deems necessary for the convenience of the elec- 
tors ; and he shall number or otherwise designate them, and 
fiix upon a suitable polling station in each such division." 

^^ Digitized b*^OOgle 



Chap. 10. North- West Territories Representation. 51 ViOT. 



When poll 
Bhall be held« 



Sections 28 
and 29 repeal- 
ed ; new sec- 
tions. 

Appointment 

ofenumera- 

tors. 



•* 26. Whenever a poll has been granted it shall be held 
on 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." 

8. Sections twenty-eight and twenty-nine of the said 
Act are hereby repealed, and the following substituted in 
lieu thereof: — 

"28. The Q-ovemor General may appoint enumerators 
to make lists of the electors in the electoral district ; and if 
such appointments have not been made before the issue of 
a writ for the election, the returning officer, immediately 
upon his receiving such writ, conjointly with any two Jus- 
tices of the Peace, or with one Justice of the Peace and a 
Notary Public, or with any one of them, resident in or near 
the electoral district and two electors of such district, 
neither of the number being a candidate, shall appoint under 
their hand a competent and reliable person to be enumera- 
tor for any one or more polling divisions of such district ; 
and the returning officer shall see that no polling division 
is omitted to be included in some one of such appointments : 

" 2. The enumerator shall, before acting as such, take the 
oath of office in the form J, in the schedule to this Act." 

" 29. Each such enumerator, upon his appointment and 
having first taken the oath of office, shall immediately 
thereafter compile a list of the persons qualified as electors 
to vote at the election then pending, for the polling division 
or each of the polling divisions for which he has been ap- 
pointed ; and he shall make three plainly written copies of 
the same, with the names of the voters alphabetically ar- 
ranged, giving the occupation and residence of each voter, 
in the form K, in the schedule to this Act." 

Form B re- 4. The form E in the schedule to the said Act is hereby 
new form sub- repealed, and the following substituted in lieu thereof : — 

stituted. 

Proclamation of the returning officer declaring the time and 
place fixed for the nomination of candidates^ and also the 
day for opening the polly and the polling stations and 
polling districts. 

PROCLAMATION. 

Electoral District of , to wit : 

Public notice is hereby given to the electors of the 
electoral district aforesaid, that, in obedience to Her 
Majesty's Writ to me directed, and bearing date the 

64 day 

Digitized by CjOOQIC 



Oath of office 
to be taken. 

List of voters 
to be prepar- 
ed. 



1888. North-West Territories Representation. Chap. 10. 

day of 18 , I require the presence of the said 

electors at {describe the place where the nomination is to take 
place), in the county (or township, or in the city or town) 
of , on the day of the month of t 

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 

£rom the hour of nine in the forenoon till five of the clock 
in the afternoon in each of the polling districts, that is to 
say : 

For the polling district No. 1, consisting of (or bounded as 
follows, or otherwise describing it clearly) at 
{describings the polling station) : — 

(and so continuing for all the other polling districts and 
stations in the electoral district). 

And further, that on the day of at I 

shall sum 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 to govern themselves accordingly. 

Given under my hand at , this 

day of , in the year 18 

(SigjMture), A. B., 

Returning Officer." 



OTTAWA : Printed bj Brown Ghakbirlin, Law Printer to the Queen's Host 

Excellent Majesty. 



VOL. I.—* 65 CHAP. 

Digitized by CjOOQIC 



51 YICTORIA. 



CHAP. n. 



Preamble. 



An Act to amend " The Dominion Elections Act," 
chapter eight of the Revised Statutes of Canada. 

[Assented to 22nd May, 1888.] 

HER Majesty, by and with the advice and consent of the 
Senate and Honse of Commons of Canada, enacts as 
follows : — 



Section 4 of 1. Section four of " The Dominion Elections Acty^' being 
re^'ide/-" ^ chapter eight of the Revised Statutes of Canada, is hereby 
new section, repealed and the following substituted therefor : — 
Daj of nomi- " 4. The Grovemor G-eneral shall, except as hereinafter 
SfiJitei^^ho^' ^nentioned, fix the day for the nomination of candidates at 
1 a a. ow ^^^ election, and shall, at every general election, fix one and 
the same day for the nomination of candidates in all the 
electoral districts, exeept in the electoral districts of Algoma, 
in the Province of Ontario, and of Cariboo, in the Province 
of British Columbia." 



didates, how 
fixed 



Part of sec- 
tion 14 re- 
pealed. 

Exception in 
cases speci- 
fied. 



2. Sub-sections two and three of section fourteen, of the 
said Act are hereby repealed, and the following sub-section 
substituted therefor : — 

** 2. In the electoral districts of Algoma in the Province 
of Ontario, and of Cariboo, in the Province of British Colum- 
bia, the returning officers shall fix the day for the nomina- 
tion of candidates, and also the day and places for holding 
the polls ; the nomination in the said electoral districts shall 
take place not less than fifteen days nor more than thirty 
days after the proclamation hereinafter required has been 
posted up ; and the day for holding the polls shall be not 
less than fifteen days nor more than thirty days after the day 
on which the nomination is to take place, — neither the day 
of nomination nor the day of posting the proclamation being 
reckoned " 



Section 16 re- 3. Section sixteen of the said Act is hereby repealed and 
•ecti^! "^^ *^® following substituted therefor : — 

66 ** lO* 



Digiti: 



zed by Google 



1888. Dominion Elections Act amended. Chap. 11. 2 

** 16. Within twenty days after the reception of the writ Prociamatloa 
in the electoral districts of Algoma, in the Province of On- o^cor!^™^^^ 
tario, and of Cariboo, in the Province of British Columbia, 
and within eight days after such reception in the other elec- 
toral districts of Canada, the returning officer shall, by a pro- 
clamation under his hand, issued in the English and French 
languages in every electoral district in the Province of 
Quebec and in the Province qf Manitoba, and in the English 
language only in the other electoral districts, indicate, — 

** (a.) The place and time fixed for the nomination of can- Nomination, 
didates ; 

" (6.) The day on which the poll for taking the votes of Day of poll, 
the electors is to be held, in case a poll is demanded ; 

" (c.) The several polling stations fixed by him, and the Polling ata- 
territorial limits to which they respectively apply ; ^o'^*- 

" (d.) The time when and the place where the returning Summing up 
officer will sum up the number of votes given to the several ^^^^^ 
candidates ; 

" Such proclamation shall be in the form E, in the first Form, 
schedule to this Act." 

4. Section twenty-nine of the said Act is hereby amended Section 29 
by adding the following sub-section at the end thereof: — amended. 

" 2. The ballot and counterfoil shall be printed upon Description of 
thick writing paper of the following weight : if foolscap "^^^ *° ^ 
paper is used, it shall be of a weight of not less than seven- 
teen pounds to the ream ; if large post paper is used it shall 
be of a weight of not less than twenty-nine pounds to the 
ream." 

5. Section thirty-four of the said Act is hereby amended Section 34 
by adding at the end thereof the words following : " and a tSwe to b© 
table or desk with a hard and smooth surface shall be pro- provided. 
Tided, upon which the voter may mark his ballot paper." 

6. Section forty-four of the said Act is hereby amended ^m^e^dedaito 
by adding at the end thereof the words following : " and right of 

no more than two agents of any candidate shall have the apnjj^ noting 
right to vote at any one polling place under such certifi- Jia^^a!'^^ 
cates." 

"?• Sub-section two of section forty -five of the said Act is Section 45 
hereby repealed, and the following substituted therefor : — *™®^ ® ' 

" 2. Such elector, if required by the deputy returning Oath to be 
officer, the poll clerk, one of the candidates or one of their ^erif^e- 
agents, or by any elector present, shall, before receiving quired. 
his ballot paper, take the oath of qualification in the form 
S in the first schedule to this Act, — which oath the deputy 
returning officer and poll-clerk are each hereby authorized 
to administer." 

VOL. I— 5J 67 «• 

Digitized by CjOOQIC 



8 



Chap. 11. Dominion Elections Act amended. 51 ViCT. 



Section 58 re- 
pealed; new 
section. 

Statement, 
Ac, to be in- 
cioied in 
ballot box. 



Delivery of 
ballot boxes 
to returning 
officer. 



Oath to be 
taken. 



Oath to be at- 
taehed to 
statement 



8. Section fifty-eight of the said Act is hereby repealed 
and the following section substituted therefor : — 

" 5^. The deputy returning officer, immediately after the 
completion of the counting of the votes at the close of the 
poll shall make out a statement of the accepted ballot papers, 
of the number of votes given to each candidate, of the ballot 
papers counted which were deposited by persons whose 
right to be registered on the list of voters and to vote and 
by persons the exclusion of whose names from the list of 
voters, appeared by the said list to be the subjects of un- 
decided appeals, as aforesaid, of the rejected ballot papers, 
of the spoiled and returned ballot papers, and of those 
unused and returned by him ; and he shall make and keep 
a copy of such statement, and inclose in the ballot box the 
original thereof, together with the list of voters used by him, 
the poll-book and a certificate in such poll-book imme- 
diately following the name of the person last entered on 
such poll-book, as having voted or applied for a ballot 
paper, of the total number of persons who voted, and shall 
inclose in the ballot box such other lists and documents as 
have been used at such election : 

" 2. The ballot box shall then be locked and sealed with 
the seal of the deputy returning officer and the seals of such 
agents of the candidates as desire to affix their seals, in such 
manner as to prevent the introduction of additional ballot 
papers, and shall be delivered to the returning officer or to 
the election clerk, who shall receive or collect the same, and 
if both of them are unable so to do, then to one or more 
persons specially appointed for that purpose by the returning 
officer, who shall, on delivering the ballot box to the returning 
officer, take the oath in the form Z, in the first schedule to 
thi§ Act : 

" 8. The deputy returning officer and the i)oll clerk shall 
respectively take the oaths in the forms AA and BB in the 
first schedule to this Act, which shall be annexed to the 
statement above mentioned ; the oath may be administered 
to the deputy returning officer by the poll clerk, and the 
statement before mentioned, beK)re being inclosed in the 
ballot box, shall be signed by the deputy returning officer, 
and by such of the candidates, or their agents, as are present 
and desire to sign the same." 



Section 63 9, Section sixty-three of the said Act is hereby amended 

amended. ^y adding thereto the following sub-section : — 

Provision in " 2. Whenever by reason of any circumstance the lists or 

mentB,*&c!, Statements or certificates before referred to are not found in 

are not fouid the ballot boxes, or any of them, the returning officer may 

in ballot box. ^g^ copies thereof and if copies are not available he may 

proceed, in the manner hereinbefore directed, to ascertain by 

the ballots or by such evidence as he is able to obtain, the 

total number of votes given to each candidate at the several 

polling places, and he shall return the candidate having the 

68 ^'9'^'^^^ ' majority 



1888. Dominion Elections Act amended. Chap. 11. 4 

majority of votes, and shall mention specially in his report Special re- 
to be sent with the return, the circumstances accompanying ^^^^' 
the disappearance of any such list, statement or certificate, 
and the mode by which he ascertained the number of votes 
given to each candidate ; the returning officer may, for the 
purpose of fulfilling the requirements of this section, adjourn 
the proceedings for the period mentioned in the next pre- 
ceding section, and thereafter from day to day as occasion 
requires during a period not exceeding one further week." 

10. Form O in the first schedule to the said Act is amended Form o 
by adding after the word " affection " the following words : ^"^^'^d®^- 
" and that I will keep secret the names of the candidates 

for whom any of the voters at the polling station in the 
polling district, No. , marks his ballot paper in my presence 
at this election." 

11. Form S in the said first schedule shall hereafter be Form of oath 
the form of oath of qualification of all persons registered on \{^ ^*' 
the list of voters, and the forms T, XJ, V and W in the said 

first schedule, are hereby repealed. 

12. Form A A in the said first schedule is hereby amended Form aa 
by adding at the end thereof the words " or I. J., Poll Clerk." »™«'^^«^- 

13. No officer, clerk, or agent, or other person shall com- Certain infor- 
municate at any time to any person any information as bi^communi-^ 
to the number on the back of the ballot paper given to any cated. 
voter at a polling station, nor shall attempt to ascertain at 

the counting of votes the number on the back of any ballot 
paper : 

2. No person shall, directly or indirectly, induce any voter Ballot oaper 
to display his ballot paper after he has marked the same, ^l^^ ^' 
so as to make known to any person the name of the can- 
didate for or against whom he has so marked his vote : 

3. Every person who acts in contravention of the provi- Penalty for 
sions of this section shall be liable, on summary conviction ^q^'^*^®'^" 
before two justices of the peace, to imprisonment for any 

term not exceeding six months, with or without hard labor, 
or to a fine not exceeding five hundred dollars and not less 
than fifty dollars. 

14. Every person who votes or induces or procures any Voting or in- 
person to vote at any election, knowing that he or such vote'without 
person is not entitled to vote thereat, is guilty of a corrupt being enti- 
practice within the meaning of the said Act : practice!^^^* 

2. Any person who before or during any election know- publication of 
ingly publishes a false statement of the withdrawal of a acertainfeise 
candidate at such election, for the purpose of promoting or c^™t prao- 
procuring the election of another candidate, is guilty of a tice. 
corrupt practice within the meaning of the said Act : 

69 3. 



Digitized by 



Google — 



Exception. 



Oorrapt prac- 

tioeflby 

agents. 



Proof that 
candidate or 
appointed 
agent was not 
cognizant of 
offence. 



That precau- 
tions were 
taken. 

That offence 
was trivial. 

As to other 
matters. 



Election not 
Toid. . 



Chap. 11. Dominion Elections Act amended. 51 ViCT. 

8. Provided, that a candidate shall not be liable, nor shall 
his election be avoided, for any corrupt practice under this 
section committed by his agent other than his agent ap- 
pointed under the provisions of section one hundred and 
eighteen of the said Act. 

15. Where, upon the trial of an election petition, the court 
reports that a candidate at such election has been guilty by 
his agent or agents of the o£fence of treating and undue in- 
fluence or of either of such offences, in reference to such elec- 
tion, and the court further reports that the candidate has 
proved to the court, — 

p|(a.) That no corrupt or illegal practice was committed 
at such election by the candidate, or his agent appointed 
under the provisions of section one hundred and eighteen of 
of the said Act, and that the offences mentioned in the said 
report were committed contrary to the orders and with- 
out the sanction or connivance of such candidate or his 
said agent ; and — 

(b.) That such candidate and his said agent took all 
reasonable means for preventing the commission of corrupt 
and illegal practices at such election ; and — 

(c.) That the offences mentioned in the said report were of 
a trivial, unimportant, and limited character ; and — 

(rf.) That in all other respects the election was free from 
any corrupt or illegal 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 in such report, be void, nor shall 
the candidate be subject to any incapacity under the Act 
hereby amended or under this Act. 



OTTAWA: Printed by Brown Ohamberlin, Law Printer to the Queen's Most 
Excellent Majesty. 



to CHAP. 

Digitized byCjOOQlC 




51 VICTORIA. 



CHAP. 12. 



An Act to amend " The Civil Service Act," chapter seven- 
teen of the Revised Statutes of Canada. 

[Assented to 22nd May, 1888.] 

WHEEEAS it is expedient to amend " The Civil Service ]^1*g^**^«- 
ilc^," in the manner hereinafter set forth : Therefore * '' ®* 
Her Majesty, by and with the advice and consent of the 
Senate and House of Commons of Canada, enacts as fol- 
lows : — 

!• Section seven of the said Act is hereby repealed. Section 7 

repealed. 

2. Section nine of the said Act is hereby amended by Section 9 
adding the following sub-sections thereto : — amended. 

*' 2. Whenever the Board are satisfied that any irregular- inquiir m to 
ity or fraudulent practice has obtained at any examination ISefJmSa-* 
held by them or by any person deputed by them to hold tions. 
the same, they may summon before them by an instrument 
signed by the chairman or acting chairman of the Board, 
and may examine under oath or affirmation, any person 
who, in their opinion, is in a position to give evidence in 
relation to any such irregularity or fraudulent practice ; 
and if the person so summoned neglects or refuses to appear, ^^^^ ^?^ 
or having appeared, refuses to be examined upon oath or appear,^&o. 
affirmation concerning the premises, or refuses to take an 
oath or affirmation, or having taken the oath or affirmation, 
refuses to answer such questions concerning the premises 
as are then put to him, without offering any just and law- 
ful excuse for his refusal, the chairman or acting chairman 
of the Board shall be vested with all the powers conferred, 
in like cases, upon a justice of the peace by section thirty-two 
of " The Summary Convictions Act " ; 

" 8. Every oath or affirmation required for the purposes of Administra- 
such examination may be administered by any member of ^^^^ ®^ ^*^^- 
the Board : 

" 4. If any person is proved by such inquiry to have been Name of per- 
concemed in any fraudulent practice or to have been guilty IS'tobe^re-*' 
of any breach of the regulations made in virtue of section moved from 
thirty-one of this Act, the Board shall report the same to ^**** 

'*'! Digitized bl^^OOgle 



Chap. 12. 



Civil Service Act amended. 



51 Vict. 



Penalty for 
penonation. 



Penalty for 
wronginlly 
receiYing or 
furnishing ex- 
amination 
papers. 



the Secretary of State, who may therenpon cause such 
person's name to be removed from the list of persons who 
are fonnd qualified : 

" 5. 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 is liable, on summary con- 
viction, to imprisonment 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 : 

"6. Every person who surreptitiously procures from any 
printer or other person, and every person who, without 
authority, furnishes to any other person any examination 
question paper or any other paper relating to any such ex- 
amination as aforesaid, is guilty of an offence against this 
Act, and liable, on summary conviction, to imprisonment, 
with or without hard labor, 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 there- 
from ; and no such person shall be allowed to present him- 
self at any subsequent examination." 



Section 11 3. The following sub-section is hereby added to section 

amended. ^j^^^^ ^^ ^^^ ^^^ ^^^ ._ 

Deputy heads. "2. There shall be a deputy-head for each department ; 
and no officer shall hereafter be raised to the rank of deputy- 
head except in the case of a vacancy occurring, or when a 
new department is created by Act of Parliament; but 
nothing herein shall affect persons who have been heretofore 
promoted to the rank of deputy-head. 



Section 24 re- 
pealed; new 
section. 
Scale of sala- 
ries. 



Optional sub- 
jects. 



4. Section twenty-four of the said Act is hereby repealed 
and the following substituted therefor : — 

" 5J4. The salary of a clerk on appointment or promotion 
to any class shall begin at the minimum of such class, ex- 
cept in the case of third-class clerks, who may receive, in 
addition, fifty dollars for each optional subject (not to exceed 
four) in which they have passed before their appointment, 
and except in the ctise of lower grade permanent employees 
who, upon passing the qualifying examination, may be ap- 
pointed third-class clerks, at the salary they were receiving 
at the time of such appointment, when such salary exceeds 
four hundred dollars : 

** 2. The optional subjects in the next preceding sub-sec- 
tion mentioned shall be book-keeping, short-hand, transla- 
tion and type-writing, composition in French by English 
candidates, composition in English by French candidates, 
and precis- writing." 



Section 31 re- 
pealed; new 
section. 



5. Section thirty-one of the said Act is hereby repealed 
and the following substituted therefor : — 

•9 



iZ 



SI. 



Digiti: 



zed by Google 



1888. Civil Service Act amended. Chap. 12. 8 

"31. The preliminary and qualifying examinations shall Holding of 
be held only once a year and dnring the month of Novem- ®*»™*'***^<>'>' 
ber, under 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 :" 

" 2. Graduates of the Royal Military College, and of any Exemption. 
University in Canada, shall be exempt from the qualifying 
examination." 

B. Section thirty-two of the said Act is hereby amended ^^^^^^ 
by striking out tne words " or in both " in the last line ^^^^ 
thereof. 

y» Section thirty-three of the said Act is hereby amended ^^^^^^^^^ 
by striking out all the words after " examination " in the *™^^ 
fourth line thereof, 

^* Sub-section two of section thirty-nine is hereby repeal- ^^^,^^^^1^ 
ed and the following substituted therefor : — *™ 

" 2. Except as herein otherwise provided, such examina- g^^JJ-n^JlJ^ 
tion shall be held only once a year in the month of May, *^*°^ ^ 
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 :" 

2. Sub-section four of the said section thirty-nine is here- ^^^^1^^^^ 
by repealed and the following substituted therefor : — 

" 4, In the case of barristers, attorneys, military or civil en- ^"^jSh'* 
gineers, officers of the artillery in the militia department, and peneed with 
architects, draughtsmen and land surveyors, when employed ^^ certain 
or when seeking promotion in the line of their profession, 
and in the case of special class excisemen seeking promotion 
in the Department of Inland Revenue, the examination may 
be dispensed with on a report from the deputy head, con- 
curred in by the head of the department, that such examina- 
tion is not necessary." 

O. Sub-section one of section forty of the said Act is Section 40 
hereby repealed and the following substituted therefor : — ^^^^ ^ ' 

"40. Once in each year, and not later than the fifteenth Estimate to be 
day of March, the deputy head of each department shall P'^P"® ' 
make and lay before the fioard, through the Department of 
the Secretary of State, an estimate of the number of vacan- 
cies likely to occur therein during the ensuing year, in the 
first division, in the classes of — 

(a.) Chief clerks; 

(6.) First-class clerks ; 

(c.) Second-class clerks." 

^^ Digitized^y^OOgle 



Chap. 12. 



Civil Service Act amended. 



51 Vict. 



Section 42 
amended. 



lO. Section forty-two of the said Act is hereby amended 
by striking out all the words after " service " in the ninth 
line of the said section. 



Section 47 
amended. 

Bate of re- 
muneration. 



Further 
amendment. 

Permanent 
appointment 
of temporary 
clerks. 



Section 61 
amended. 



No extra re- 
muneration. 



Section 58 
repealed. 



Schedule B 
amended. 



11. Sub-section two of section forty-seven is hereby re- 
pealed, and the following substituted therefor : — 

" 2. The rate of remuneration to be paid for temporary 
service shall not exceed the minimum salary of a third-class 
clerk, unless the service to be performed is technical and re- 
quires special qualifications ; and such temporary employ- 
ment shall not be considered as giving any claim to perma- 
nent appointment." 

2. The said section forty-seven is hereby further amended 
by adding the following sub-section thereto : — 

" 4. Temporary clerks employed continuously since the 
first day of July, one thousand eiffht hundred and eighty- 
two, may be appointed permanently, if otherwise qualified, 
at a salary equal to their average pay during the two years 
previous to such permanent appointment, but in no case ex- 
ceeding the maximum salary of a third-class clerk." 

12. Sub-sections one and two of section fifty-one of the 
said Act are hereby repealed and the following substituted 
therefor : — 

" 51. No extra salary or additional remuneration of any 
kind whatsoever shall be paid to any deputy-head, officer or 
employee in the Civil Service of Canada, or to any other per- 
son permanently employed in the public service." 

13. Sub-section two of section fifty-eight of the said Act 
is hereby repealed. 

14- So much of schedule B of the said Act as is included 
under the heading " Customs " is hereby repealed and the 
following substituted therefor : — 



Inspectors 

Collectors - 

Surveyors 

Chief clerks 

Clerks - 

Chief Landing "Waiters 

Landing "Waiters - 

Gangers 

Chief Lockers - 

Lockers - - - 

Tide Surveyors 

Tide Waiters 

Chief Packer 



CUSTOMS. 






Scale of Salaries. 


salary 


from $1,600 to 2,500 


- 


300 to 4,000 


- 


1,200 to 2,500 


- 


1,200 to 2,000 


- 


400 to 1,200 


- 


800 to 1,200 


- 


400 to 1,000 


- 


600 to 1,200 


- 


800 to 1,200 


< 


400 to 800 


^ 


800 to 1,000 


t 


400 to 600 


( 


600 to 600 


74 


Digitized by Gocfackers 



J888. Civil Service Act amended. Chap. 12. £ 

Scale of Salaries. 
Packers - - - . salary from |800 to 600 
Messengers - - - - " 200 to 600 

Appraisers - - . " 800 to 2,000 

Assistant Appraisers - - " 600 to 1,500 

2. So much of the said schedule B as relates to Marine Farther 
Mail Clerks, and to the Department of Justice, is hereby re- *™®° ^^ ' 
pealed. 

15. The provisions of " Hie Civil Service Act'' so far as f^^^ 
they render promotion in the Civil Service contingent in pointed be- 
any degree ui>on examination as provided in the said Act, J^ ^^^^ ^» 
shall not apply to any civil servant who entered the Civil 
Service before the first day of July, one thousand eight hun- 
dred and eighty-two, except in so far as regards the duties 
of the office to which such civil servant may desire to be 
promoted. 



OTTAWA : Printed by Brown Chamb«blin, Law Printer to the Queen's Most 
Excellent Majesty. 



•75 CHAP. 

Digitized byCjOOQlC 



51 YICTORIA. 



Preamble. 



CHAP. 13. 

An Act to amend Chapter sixteen of the Revised Sta- 
tutes, respecting the High Commissioner for Canada in 
the United Kingdom. 

[Assented to 22nd May, 1888.] 

XTER Majesty, by and with the advice and consent of the 
■*-*- Senate and House of Commons of Canada, enacts as 
follows : — 



R.&0.1 c. 16 !• The Act respecting the High Commissioner for Canada 
amended. jj^ ^j^^ United Kingdom is hereby amended by adding the 

following sections thereto : — 
Officers and «* 4. Tue Governor in Council may appoint such officers 
appointedf * ^ud clcrks in the office of the Hign Commissioner as he 
deems necessary, with such grade in the Civil Service of 
Canada as he prescribes : 

** 2. Such officers and clerks shall not be subject to ex- 
amination under *' The Civil Service Act,'^ 

"5. The provisions of" The Civil Service Act'' and of 
^^ The Civil Service Superannuation -rfc^' shall, subject to 
the foregoing provisions of this Act, apply to the officers 
and clerks employed in the office of the High Commis- 
sioner." 



No examina- 
tion. 

B.S.O., CO. 17 
and 18 to ap- 
ply. 



No diminu. 2. Nothing in this Act contained shall operate to dimin- 
on o salary, j^j^ ^j^^ salary of any officer or clerk now employed in the 
office of the High Commissioner. 

Date of taking 3» The foregoing provisions of this Act shall be deemed 
effect. ^^ have taken effect, and to have been in force from and after 

the first day of July, one thousand eight hundred and 

eighty-seven. 



OTTAWA: Printed by Brown Chambbrlin, Law Printer to the Queen's Most 
Excellent Majesty. 



•76 



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Google 




51 YICTORIA. 



CHAP. 14. 

An Act to amend chapter thirty-two of the Revised 
Statutes, respecting the Customs. 

[Assented to 22fid May, 1888.] 

IN amendment of " The Customs Act " Her Majesty, by and Preamble. 
with the advice and consent of the Senate and House of 
Oommons of Canada, enacts as follows : — 

!• This Act may be cited as *' The Custovhs Amendment Act, Short title, 
1888." 

2* Section two of " The Customs Act " is hereby amended R.S.O., c. 32 
by inserting the following after the word " imposed " in the J!?Seiided. 
fifty-second line : — 

"(«.) The expression "value" in respect of any penalty "Value." 
or forfeiture imposed by this Act and based upon the value 
of any goods or articles, means the duty-paid value of such 

foods or articles at the time of the commission of the offence 
y which such penalty or forfeiture is incurred ; 
" (o.) Except in section four, the expression " Commis- " Commis- 
sioner of Customs " includes the Assistant Commissioner of J^^g.^^^^^^" 
Customs ; 

" (p,) The expression " frontier port " means the first port « Frontier 
at which the vehicle carrying the goods to be entered P^^" 
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 
anada ; 

" (q.) The expression " court " means the Exchequer Court "Court.' 
of Canada, or any superior court, or Court of Vice 
Admiralty." 

8. Section four of the said Act is hereby amended by add- Section 4 
ing the following thereto bs sub-section two : — amended. 

" 2. There shall be a Board of Customs, which shall con- Board of Cus- 
sist of the Commissioner of Customs, the Assistant Commis- ^™®' 
sioner of Customs and the Dominion Customs Appraisers and 

TY Assistant 

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2 Chap. 14. Customs Act amended. 51 Vict. 

Assistant Dominion Customs Appraisers hereinafter men- 
tioned, and the said board shall have such powers and per- 
form such duties, respectively, as are assigned to it by this 
Act, by the Grovernor in Council or by the Minister of 
Customs." 

Section 8 re- 4. Section eight of the said Act is hereby repealed and the 
1^^r\ ""^^ following substituted therefor :— 

Additional " S. If in any case the true value for duty of any goods, 

of mdeiraia- *® finally determined under this Act or as determined in 
ation. any action or proceeding to recover unpaid duties, exceeds by 

fifteen per centum, or more, the value for duty as it appears 
by the bill of entry thereof, there shall be levied and col- 
lected upon the same, in addition to the ad valorem duty 
payable on such goods, when properly valued, a sum equal 
to the same percentage of the whole ad valorem duty so 
payable as the percentage of undervaluation in the origi- 
nal bill of entry ; and if the owner, importer or consignee 
refuses or neglects to pay the said duty and additional sum 
within six days after notice so to do has been served upon 
him personally or by leaving the same at his domicile or 
place of business, the goods shall be seized and forfeited." 

Section 9 re- 5. Section nine of the said Act is hereby repealed and the 
Kn! ""^"^ following substituted therefor :— 

Board of Cus- "O. Whenever any diflFerence arises as to whether any or 
^^bt^*^* ^^ what rate of duty is payable on particular goods, and there is 
cases, declare no previous decision in the matter by any competent tri- 
that^goodB^^ bunal, or there are decisions inconsistent with each other, the 
are free. Board of Customs may declare the rate of duty payable on the 
kind of goods in question, or that such goods are exempt 
from duty, subject in each case to an appeal, by any person 
Effect of interested, to the Governor in Council ; and any decision of 
®^ ®^" the Board of Customs when approved by the Minister of 

Customs, or any Order in Council made upon appeal, contain- 
ing such declaration and fixing such rate of duty, if any, shall 
have the same force and effect as if such rate of duty had 
been fixed and declared by statute; and every Order in 
Council made under this section shall be published in the 
Canada Gazetted 

Section 12 re- O. Section twelve of the said Act is hereby repealed and 

wcion! '"'''" the following substituted therefor :— 

Allowance for **12« "Whenever duties are charged according to the 

d^aft*'^^ weight, tale, gauge or measure, such allowances shall be 
made for tare and draft upon the packages as are prescribed 
by regulations made by the Governor in Council." 

Section 19 re- T. Section nineteen of the said Act is hereby repealed 
ttni ''^'^ ^^ *^® following substituted therefor :— 
Sale if duty is " *^* ^^ *^^ duties on goods referred to in the next pre- 
not paid with- ceding section are not paid within eighteen months from 

78 the 

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1888. Customs Act amended. Chap. 14. 8 

the time when the same were delivered to the proper oflGl- iii eighteen 
cer, as hereinafter mentioned, the same may be sold in like ^^^^ *' 
manner and for the same purposes ag goods imported may, 
in such default, be sold ; and if they are sold for more than 
enough to pay the duty and charges thereon, the surplus 
shall be paid over to the person entitled to receive it." 

S« Section twenty-eight of the said Act is hereby Section 28 
amended by adding the following at the end thereof : ^^^^ ® ' 
" and unless payment is made within thirty days, such Sale of ressei 
vessel may, after the expiration of such delay, be sold to ^P^yp®"**!- 
pay such penalty, and any expenses incurred in detaining, 
keeping and selling such vessel." 

9. Section forty-one of the said Act is hereby repealed ^f®f ^?^. *^ '^^ 
and the following substituted therefor : — - section? ^^^ 

"41. No entry shall, except in cases in which it is other- Entry not per- 
wise provided herein, or by regulation of the Governor in feet without. _ 
Council, be deemed perfect unless a sufficient invoice of the iSJg^otherJdse 
goods to be entered, duly certified in writing thereon as ^^^^ ^y 
correct by the person, firm or corporation from whom the 
said goods were purchased, has been produced to the col- 
lector, and duly attested as recjuired by this Act, and in the 
case of consigned goods, verified by the oath of the con- 
signor." 

10. Section fifty-two of the said Act is hereby repealed ^laled'-^new" 
and the following substituted therefor : — section! ^^^ 

"52. The collector or appraiser shall not regard as Evidence of, 
evidence of the existence or amount of damage any price aSce^for^" 
realized at an auction or forced sale of the goods, — nor shall damage. 
he estimate nor shall any damage be allowed which has 
originated from 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 importation, — nor shall he estimate nor shall any allow- 
ance be made for or duty refunded for rust on iron or steel or 
any manufacture thereof, except manufactured articles com- 
I>06ed in whole or in part of polished steel, and on polished 
Itussia iron and Canada plates, and on such only to the extent 
of fifty per cent., — ^nor shall any allowance be made for 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, — nor shall As to sugar. 
any allowance be made for damage to sugar or any other 
saccharine product on which the duty is to be computed 
according to the i)olariscopic test ; but the Minister of Cus- 
toms may make a deduction from the percentage of saccha- 
rine 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 

Digitized by vljt30QlC 



4 Chap 14. Customs Act amended. 51 ViCT. 

importation, equal to five times the percentage of salt actu- 
ally 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 
experts employed by him to make such test." 

8««tion wre- 11, Section fifty-four of the said Act is hereby repealed 
Mctioiil ^^^ *^<1 ^^^ following substituted therefor : — 

Return of " 54. Whenever any vessel has reported at the custom 

loflViKfore^ ^ house at any port in Canada, on board of which there are 

' n any goods on which any duty has been levied or collected 

or on which any duty has been deposited, and thereafter 

the said goods are lost or destroyed before the same are 

landed from such vessel, or from any vessel or craft employed 

to lighten such vessel, — ^then, on proof being made on the 

On what con- oath of one or more credible witness or witnesses, before 

ditione. q^j^^ ^q ^j^g satisfaction of the collector or proper officer of 

the Customs at the place, who shall administer the oath, 

that such goods, or any part thereof, specifying the same, 

have been so lost or destroyed before the landing of the 

same, the duties on the whole or the part thereof so proved 

to be lost or destroyed shall, if the same have been paid or 

deposited, be returned to the owner or his agent." 

Section 66 re- 12. Section fifty-six of the said Act is hereby repealed 
eertlon! "*'" ^n^ ^^^ following substituted therefor :— 

Appointment " 56. The Grovernor in Council may appoint appraisers to 
Md^iSSant ^^ called Dominion Customs appraisers and assistant Domi- 
appraisere. nion 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 ; and every such appraiser anil 
To be sworn, assistant appraiser shall, before acting as such, take and 
subscribe the following oath of office before any collec- 
tor or other person duly authorized to administer such 
oath : — 
Fonnofoath "I, A. B., having been appointed an appraiser of goods, 
of office. ti "vvrares 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, favor 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 endeavors to pre- 
" vent all fraud, subterfuge or evasion of the said laws, and 
" more especially to detect, expose and frustrate all attempts 

80 ** to 

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1888. Custanis Act amended. Chap. 14. 5 

" to undervalue any goods, wares or merchandise on which 
" any duty is chargeable. So help me God. 

" Appraiser for 

(as the case may be) 

*' Sworn before me, this day of 

18 
(as the case may be.y 

1^» Sub-section two of section sixty-one of the said Act is Section ei 
hereby repealed and the following substituted therefor : — a^e^^ded. 

** 2. When parts of any manufactured article are imported Duty on arti- 
into Canada, each such part shall be charged with the same ti^aruu^^**^ 
rate of duty as the finished article, on a proportionate valu- 
ation, and when the duty chargeable thereon is specific, or 
specific 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 manufactured article." 

14. Section sixty-four of the said Act is hereby repealed Section 64 w- 
and the following substituted therefor :— S^tum' '^^^ 

•* 64. The fair market value of goods shall be taken to vaiuetoin- 
include the amount of any drawback which has been elude draw- 
allowed by the Government of any other country ; and in the^joimt^y 
cases where the amount of such drawback has been de- 
ducted from the value of such goods, upon the face of the 
invoice, under which entry is to be made, or is not shown 
thereupon, the Collector of Customs or proper oflicer, shall 
add the amount of such deduction or drawback, and collect, 
and cause to be paid the lawful duty thereon." 

15. The following is hereby added to section sixty-five Section 65 
of the said Act as sub-section two : — amended. 

"2. Whenever goods are imported into Canada under Miniaier of 
such circumstances or conditions as to render it diflicult to g^^j^ **'" 
determine the value thereof for duty, either because such certaia oases 
goods are not sold for use or consumption in the country of 
production,— or because a lease of such goods or the 
right of using the same is sold or given, but not the right 
of property therein, — or because such goods having a 
royalty imposed thereon, the royalty is uncertain or is not 
from other causes a reliable means of estimating the 
value of the goods,— or because such goods are usually 
or exclusively sold by or to agents or by subscription, 
or are sold or importea in or under any other unusual 
or peculiar manner or conditions,— of all which matters 
the Minister of Customs shall be sole judge, — the Minister 
of Customs may determine the value for duty of such goods ; 
and the value so determined shall, until otherwise provided, 
be the value upon which the duty on such goods shall be 
computed and levied." 

VOL. I— 6 81 

Digitized by 



©oogle 



Chap. 14. 



Customs Act amended. 



51 Vict. 



Section 74 re- 
pealed ; new 
section. 
Importer, &c., 
diseatisfied 
may appeal in 
certain cases. 



ReviaioD of 
appraisement. 



Application 
of decision. 



Persons act- 
ing as ap- 
praisers to be 
sworn. 



Sections 78, 
79 and 80 re- 
pealed ; new 
sections. 

Goods may be 
entered for 
exportation or 
warehoused 
without pay- 
ment of auty. 



Penalty of 
double duty 
for infringe- 
ment of Act. 



16« Section seventy-four of the said Act is hereby re- 
pealed, and the following substituted therefor : — 

'*T-I« Except as herein otherwise provided, if the import^ 
er, owner, consignee or agent, having complied with the 
requirements of this Act, is dissatisfied with the appraise- 
ment made by the appraiser, hereinbefore mentioned, of any 
such goods, he may, within three days, give notice in writ- 
ing to the collector, of such dissatisfaction ; on the receipt 
of which notice the collector shall at once notify such im- 
porter, owner, consignee or agent, to select one disinterested 
and experienced person familiar with the character and 
value of the goods in question, and shall select a second 
person of similar knowledge, and notify such importer^ 
owner, consignee or agent ol such appointment : 

" 2. The persons so selected, together with a third selected 
by the Minister of Customs 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 de- 
cision of such persons, or of a majority oi 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 ap- 
praisers : 

*' 4. Every person who acts as an appraiser under this 
section, except a member of the Board of Customs selected 
by the Minister of Customs as aforesaid, shall take an oath 
before a collector of customs or a justice of the peace to act 
without fear, favor or partiality, and to appraise the good» 
with reference to which he is called on to act, in accordance 
with the laws imposing duties of Customs in Canada." 

IT. Sections seventy-eight, seventy-nine and eighty 
of the said Act are hereby repealed and the following sub- 
stituted therefor : — 

'* 7^. The importer of any goods imported into Canada 
may, subject to such rules and regulations as are, from time 
to time, prescribed by the Governor in Council in that be- 
half enter the goods for exportation or for warehouse, and 
shall, by and upon the making of such entry, whether so ex- 
pressed in such entry or not, become thereby bound to the 
performance of all of the requirements of this Act, and 
of such rules and regulations with regard to such exporta- 
tion or warehousing, under a penalty equal to double the 
amount of the duty to which such goods are at the time 
subject, — which penalty shall accrue on the commission of 
any act contrary to this Act or to any rule or regulation, or 
on the omission to perform any act required in respect to 
such goods by this Act or by such rules or regulations, in 
addition to any other penalties and forfeitures provided for 
by this Act ; and in the case of any goods so entered for 

82 Digitized by (exportation 



1888. Customs Act amended. Chap. 14. 7 

exportation or for warehouse, the above liability shall 
attach until such exportation is completed, or while such 
goods remain in warehouse. If they are unlawfully taken Penaitvfor 
from such warehouse, wherever or in whosesoever pos- unlawful re- 
session found, the same shall be seized and detained until ™^^* ' 
the Customs claim for the payment of such double duty 
has been liquidated, — which claim shall have precedence 
over the claims of all other persons thereon, of whatever 
nature, and may be enforced by sale or other proceedings." 

** TO. The owner of any warehoused goods may remove Warehoused 
the goods, under the authority of the collector or other S^ved*m^ 
proper officer, from any warehousing port to any other ware- bond. 
housing port in Canada, or from one warehouse to another 
in tho same port, upon passing a removal entry thereof in 
the usual form, and shall, by and upon the making of such 
entry, whether so expressed in such entry or not, 
become thereby bound to the performance of all the 
requirements of this Act and of any rules and regulations 
made under the authority of this Act in respect to such 
removals, under a penalty equal to double the amount of the Penalty of 
duty to which such goods are subject under the tariff in 5^^^^^^**^ 
force at the time, — which penalty shall accrue on the com- ment of^. 
mission of any act contrary to this Act or to any such 
rules or regulations, or on the omission to perform any 
act required to be performed in respect to such goods, in 
addition to any other penalties and forfeitures provided for 
by this Act. To any goods so entered for removal there Bnforceaient 
shall, until such removal is completed or while in ware- *^^^^'"®"*' 
house, or if unlawfully taken from warehouse, wherever or 
in whosesoever possession found, attach the Customs claim 
for the payment of such double duty, — which claim shall 
have precedence of the claims of all other persons thereon, 
of whatever nature, and may be enforced by sale or 
other proceedings." 

" SO. Upon the entry at any frontier Customs port, under Goods may be 
the authority and with the sanction of the Collector or J^^fjJJJ^ 
other proper officer of Customs at such port and subject to port of entry 
such rules and regulations as are or may be made in that ^*°or^n' 
behalf under the authority of this Act, the importer may transit 
pass the goods on to any Customs port in any other part of {J^a'nSSa. 
Canada, or in transit through Canada by way of any Cus- 
toms port of exit in Canada, and he shall, by and upon the 
making of such entry, whether so expressed in such entry 
or not, become thereby bound to the performance of 
all the requirements of this Act, and of any rules and 
regulations, under a penalty equal to double the amount Jq"J}^^^^^ 
of the duty to which such goods are at the time subject, foAnfringe"!^ 
— which penalty shall accrue on the commission of any act ment of Act. 
contrary to this Act or to any rules or regulations, or on 
the omission to perform any act required to be performed 
in respect to such goods, — in addition to any other penalties 
and forfeitures provided for by this Act, irrespective of th^^OOQle 
VOL. I— 6J 83 liability ^ 



8 



Chap. 14. 



Customs Act amended. 



51 Vict. 



Bnforcement liability of the carrier under any bond or otherwise. To any 
o payment, g^^^jg ^ entered for transportation there shall, until such 
transportation is completed, or while such goods are in 
Canada, or upon such goods being diverted from the desig- 
nated route of transportation or transit, wherever or in 
whosesoever possession found, attach the Customs claim for 
the payment of such double duty, — which claim shall have 
precedence of the claims of all other persons thereon, of 
whatever nature, and may be enforced by sale or other 
proceedings.** 



Section 82 re- 
pealed; new 
fieclioD. 
Effect of legal 
transfer. 



Section 86 re- 
pealed; new 
section. 
Unshipping 
and landing 
goods. 



Aceessby 
officers. 



IS. Section eighty-two of the said Act is hereby repealed 
and the following substituted therefor : — 

** H2m Upon any transfer of goods in warehouse being 
lawfully effected as before provided, the new owner or 
transferee of any such goods shall, by the, act of accepting 
such transfer, become thereafter subject to all the conditions, 
liabilities and penalties to which the person making the 
transfer was theretofore liable in respect to such goods, and 
shall be bound to the performance of all the requirements 
of this Act, or of any rules or regulations respecting the 
warehousing of goods ; and to the goods there shall continue 
to attach the Customs claim for the payment of the double 
duty provided for by section seventy-eight of this 
Act, — which said claim shall continue to have precedence of 
the claims of all other persons thereon, of whatever nature, 
and may be so enforced as aforesaid." 

10« Section eighty-six of the said Act is hereby repealed 
and the following substituted therefor : — 

" H9. The unshipping, carrying and landing of all goods, 
and the taking of the same to and from a Customs ware- 
house or proper place after landing, shall be done in such 
manner, and at such places, as is appointed bv the collector 
or other proper officer of Customs, and the collector or other 
proper officer of Customs shall, at all times, have free access 
to any warehouse wherein are stored goods subiect to duty. 
No lock or other fastening placed upon any such warehouse 
or upon, on or in any premises necessarv to be passed through 
in order to obtain access to such warehouse shall constitute 
a bar to the entrance of such collector or other proper officer 
of Customs in the performance of his duty.'* 



Section 97 re 
pealed ; new 
section. 
Entrj of ves- 
sel outwards. 



80» Section ninety-seven of the said Act is hereby re- 
pealed, and the following substituted therefor : — 

**OT. The master of every vessel bound outwards from 
any port in Canada to any port or place out of Canada, or 
on any voyage to any place within or without the limits of 
Canada, coastwise or by inland navigation, shall deliver to 
the collector or other proper officer a report outwards under 
Particulars of his hand, of the destination of such vessel, stating her name, 
^^^^' country and tonnage, the port of registry, the /Uame of the 

84 Digitized by V^ master, 



1888. Cusi(ms Act amended. Chap. 14 9 

master, the country of the owners and the number of the 

crew ; and before any goods or ballast are taken on board Proof that 

such vessel the master shall show that all goods therein fiJblye"?ei*" 

imported, except such as were reported for exportation in discharged. 

the same vessel, have been duly entered ; except that the 

proper officer may issue a stiffening order that such goods Stiffening 

or ballast as are specified therein may be laden before the *''^^®^* 

former cargo is discharged : and before such vessel departs, Content to be 

the master shall bring and deliver to the collector or other ^^^''®^- 

proper officer, a content in writing under his hand, of the 

goods laden, and the names of the respective shippers and and^deciarL 

consignees of the goods, with the marks and numbers of tion. 

the packages or parcels of the same, and shall make and 

subscribe a declaration to the truth of such content as far 

as any of such particulars can be known to him/* 

551« Section ninety-nine of the said Act is hereby amended f^^^^^"^ 
by adding the following at the end thereof : — 

"And unless payment is made within thirty days, such S*^® of vesseU 
vessel may, after tfie expiration of such delay, be sold to 
pay such penalty and any expenses incurred in detaining, 
keeping and selling such vessel." 

22. Sections one hundred and two, one hundred and foo^^'J®,^^' 
three and one hundred and four of the said Act are hereby repealed ; 
repealed and the following substituted therefor : — new sections. 

** I02. AH goods or merchandise exported by sea, by land Export entry. 
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 
way bill of goods ; or, if exported from any place where 
no Custom house is established, they shall be reported 
either in like manner at such nearest Custom house or at 
the port of exit from Canada, according to such regulations 
as are established by the Q-overnor in Council from time to 
time." 

" lOS. Upon the entry outwards of any goods to be ex- Exportation 
ported from a Customs warehouse, either by sea or by land, warehouse?"* 
or by inland navigation, as the case may be, the person en- 
tering the same for such purpose shall by and upon the 
making of such entry, whether so expressed in such 
entry or not, become thereby bound, when the entry 
aforesaid is for exportation by sea, to the actual export- 
ation thereof, and when the entry aforesaid is for exporta- 
tion by land or inland navigation, to the actual landing or 
delivering at the place for which they are entered outwards, 
or in either case to the otherwise accounting for the same 
to the satisfaction of the collector or other proper officer of 
Customs, and to the production within a period to be named 
in such entry of such proof or certificate that such goods 
have been so exported, landed or delivered, or otherwise 
lawfully disposed of, as the case may be, as shall be re- 



10 Chap. 14. Customs Act amended. 51 ViCT. 

quired by any regulation of the Governor in Council, or bv 
Penalty of the collector or other proper officer of Customs, — and shall 
for"contrave^^ ^Y ^^^ upon the making of such entry become thereby 
ing condi- holdcn to the payment of a sum equal to double the duties 
landm^^ ^^ ^^ importation on such goods in case of the non-periormance 
goods, Ac. of the obligation to so export, land or deliver, and to produce 
such proof thereof as is hereinabove provided ; and if any 
. such goods are not exported, landed or delivered, or other- 
wise lawfully disposed of, or are fraudulently relanded in 
or brought into Canada in violation of the Customs law and 
regulations, they shall be seized and forfeited, together with 
any vessel or vehicle from or in which they have been so 
landed or brought into Canada, or in %vhich they may be 
found ; and the person entering the same for exportation 
shall, whether such goods were seized or not, thereupon be 
held to the payment of such double duty in addition 
to any other penalties or forfeitures to \vhich he may be 
liable under this Act, — w^hich payment may be thereupon 
enforced." 
Upon what ** 104. If, within the period appointed in the entry for 
bUity'for doa- exportation, as provided for in the next preceding section of 
bie daty^oa this Act, there is produced to the collector or other proper 
cearos! officer of Customs the written certificate of some principal 

officer of Customs 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, show- 
ing that the goods named in the said entry w^ere actually 
landed and left at some place, naming it, out of Canada, as 
provided for in the said entrv, or if it is proved to the satis- 
faction of the collector or other proper officer of Customs 
that the said goods were, after leaving Canada, lost and 
destroyed, the obligation of the person making such export 
entry to the payment of the double duty on such goods 
shall terminate and he shall thereby be released from such 
obligation." 

Sections 115, 23. Sections one hundred and fifteen, one hundred and 

repeaSed^-^^ sixteen and one hundred and seventeen of the said Act are 

new sections, hereby repealed and the following substituted therefor : — 

^8^1 forfeit- "115. If any vessel enters any place other than a port 

certain 'cases, ^f entry, uuless from stress of weather or other unavoidable 

if worth less ' cause, any dutiable goods on board thereof, except those of 

t an 1800. ^^ innoceut owner, shall be seized and forfeited, and the 

vessel, if of less value than eight hundred dollars, may be 

seized ; and the master or person in charge thereof shall 

incur a penalty not exceeding four hundred dollars, and the 

vessel may be detained until such penalty is paid ; and 

unless payment is made within thirty days, such vessel 

Sale of vessel, may, after the expiration of such delay, be sold to pay such 

penalty and any expenses incurred in making the seizure 

and in the safe keeping and sale of such vessel." 

86 **!!«. 

Digitized by VjOOQIC 



1888. Cusloms Act amended. Chap. 14. 11 

''llO. If any ressel worth more thau eight hnndred ii/esseiia 
dollars enters any place other thau a port of entry, unless tbaniSior 
from stress of weather or other unavoidable cause, any 
dutiable goods on board thereof, except those of an innocent 
owner, shall be seized and forfeited, and the vessel may be 
seized ; and the master or person in charge thereof shall 
incur a penalty of eight hundred dollars ; and the vessel 
may be detained until such penalty is paid, and, unless Sale of vessel 
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 making the seizure and in 
the safe keeping and sale of. such vessel." 

" 1 17. If any goods are unlawfully imported on the person ^^oods unlaw- 
or as luggage or among the luggage of any one arriving in ^y /an™!*^^'^ 
Can ida on foot or other\tise, such goods shall be seiz'^d and 
forfeited;* 

24. Sections one hundred and twenty-four and one hun- ^^^^j^^^ ^^^ 
dred and twenty- fn^e of the said Act are hereby repealed p^ied; rTeV 
and the following substituted therefor : — sections. 

" 12t. AH the packages mentioned in any one entry, ^^g^Jl^Je^,! 
tdthough some of such packages have been delivered to the to importer 
importer, or some one on his behalf, shall be subject to the ^Ynation** 
control of the Customs authorities of the port at which they 
are entered, until such of the packages as have been sent to 
the examining warehouse for examination have been duly 
opened and the contents examined and approved ; and the 
packages so delivered shall not be opened or unpacked before 
the goods contained in the package or packages sent to the 
examining warehouse have been examined and passed as 
aforesaid, under a penalty equal to the value of the con- Penalty- 
tents of the packages so delivered or the seizure and 
forfeiture of the goods : Provided always, that this prohi- f^^j^jlfg^' ^ 
bition shall not extend beyond a period of three days after 
the goods designated for examination have been actually 
delivered at the examining warehouse. 

" 125. Any package delivered without examination, or ^^^^™ ^\nd 
the goods, if lawfully unpacked, shall, if required by the p?ovi*^n for 
collector of Customs of the port at which they are entered, {^J^^^^^°k ^^' 
be returned to the Customs or examining warehouse within ^^' 
ten days of delivery under a penalty equal to the value 
thereof ; and the collector shall use due diligence in causing- 
a proper examination thereof to be made, and may, if he sees 
no objection, permit the remaining packages to be opened 
and unpacked as soon as the contents of those sent to thi» 
Customs or examining warehouse have been examined and 
approved." 

25. Section one hundred and thirty-three of the said Act f^^^*'^°°^l^^ 
is hereby repealed and the following substituted therefor : — Le^ waion. 

" 183. Every offi(5er and person who is employed under Certain offl- 
the authority of any Act relating to the collection of the rev- ^"nJ^dm^ 

87 enne, j 

Digitized by VjOOQIC 



12 



Chap. 14. 



Customs Act amended. 



51 Vict. 



ployed for enue, or under the directiou of any officer of Customs shall 
HB^uggiing ^^ ^^ deemed and taken to be duly employed for the prevention 
Ac. ' of smuggling and for the enforcement of this Act in every 

respect, whether such officer or person is or is not the holder 
of a writ of assistance ; and in any suit or information, the 
averment that such person was so duly employed shall be 
primd facie proof thereof." 



Section 137 
repealed ; 
new section. 

Power to 
enter build- 
ings, &c , in 
the day time. 



Without ap- 
plication to a 
justice of the 
peace in cer- 
tain cases. 



26. Section one hundred and thirty-seven of the said 
Act is hereby repealed and the following substituted 
therefor : — 

" 18T« Any officer of Customs having first made oath be- 
fore a justice of the peace that he has reasonable cause to 
suspect that goods liable to forfeiture are in any particular 
building, or in any yard or other place, open or inclosed, 
may, with such assistance as is necessary, enter therein at 
any time between sunrise and sunset ; but if the doors are 
fastened admission shall be first demanded, and the purpose 
for which entry is required declared, when, if admission is 
not given, he may forcibly enter ; and after in either case 
entry is made, the officer may search the premises and 
seize all goods which he has reasonable grounds to believe 
are subject to forfeiture ; and such acts may be done by an 
officer of Customs without oath or the assistance of a justice 
of the peace, in places where no justice of the i)eace resides^ 
or where no justice of the peace can be found within five 
miles at the time of search." 



Section 130 
amended. 



Penalty if 
concealed 

?;oodB are 
ound on 
board yeBsel. 



5iT. Sub-section two of section one hundred and thirty- 
nine of the said Act is hereby repealed and the following 
substituted therefor : — 

** 2. If any goods are found concealed on board they stall 
be seized 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 hatchways fastened down by the officer 
are 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 pay- 
ment 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." 



Section 141 
amended. 



As to district 
of Keewatin. 



28, Sub-section two of section one hundred and forty- 
one of the said Act is hereby repealed and the following 
substituted therefor :— 

*' 2. tor the purposes of this section, any judge of the 
Court of Queen's Bench, in the Province x>{ Manitoba, shall 
have jurisdiction over the district of Keewatin, and shall 
grant a writ of assistance for use therein, in like manner 

88 Digitized by GoOgle^nd 



1888. Customs Act amended. Chap. 14. 13 

and with like effect as he might grant such writ for use in 
the Province of Manitoba." 

SO. Section one hundred and forty-three of the said Act Section 143 
is hereby repealed and the following substituted therefor : — Tew^ect/on. 

** 143. Under the authority of a writ of assistance any Searching for 
officer of the Customs, or any person employed for that ^J^^^^ 
purpose with the concurrence of the Governor in Council, 
expressed either by special order or appointment or by gen- 
eral regulation, may enter, at any time in the day or night, 
into any building or other place within the jurisdiction of 
the court from which such writ issues, and may search for 
and seize and secure any goods which he has reasonable 
grounds to believe are liable to forfeiture under this Act, 
and in case of necessity may break open any doors and any 
chests or other packages for ihat purpose." 

SO. Section one hundred and forty-five of the said Act is Section 145- 
hereby repealed and the following substituted therefor : — new^eoUonv 

*• 145. No action, suit or proceeding shall be commenced. Action for 
and no writ shall be sued out against, nor a copy of any pro- ^n^^fr ttSs^ 
cess served upon any officer of the Customs or person em- Act, Ac. 
ployed for the prevention of smuggling for anything done 
in the exercise of his office, or against any person in posses- 
sion of goods under authority of any officer of the Customs, 
BO long as any proceeding for the enforcement of this Act in 
relation to the matter forming the ground of such action, 
suit, proceeding, writ or process, is pending, nor until one Notice there- 
month after notice in writing has been delivered to him, or **^* 
left at his usual place of abode, by the attorney or agent 
of the person who intends to sue out such writ or process : 

" 2. In such notice shall be clearly and explicitly contained ^^** ^^ .^ 
the cause of the action, the name and place of abode of the contain! * 
I>er8on who is to bring such action, and the name and place 
of abode of the attorney or agent ; and no evidence of any Jj^f ^'^^^^ ^'^ 
cause of such action shall be produced except of such as is " * 
contained in such notice, and no verdict or judgment shall 
be given for the plaintiff, unless he proves on the trial that 
sucn notice was given ; and in default of such proof, the 
defendant shall receive a verdict or judgment and costs." 

:f !• Section one hundred and forty-eight of the said Act Section i48 
is hereby amended by adding the following sub-sections *°^«"*^«<^- 
thereto : — 

"2. No action, suit or proceeding shall be commenced When action 
against the Crown or against any officer of Customs or per- onSing^eiz- 
son employed for the prevention of smuggling, or against ed may be 
any person in possession of goods under authority of an commenced. 
officer of Customs, for the recovery of the thing seized, until 
a decision has been first given either by the Minister of 
Customs or by a court of competent jurisdiction in relation 
to the condemnation of the thing seized : 

89 Digitized b^yCoOgle 



14 



Chap. 14. 



Customs Act amefided. 



61 Vict. 



Limitation. 



Section 149 
repealed ; 
new section. 
Beport ia- 
"wards or out- 
wards may be 
made by pur- 
ser ofsteamer. 



But master 
may be called 
to answer 
^questions. 



Section 153 
repealed ; 
new section. 

Who mny ad- 
minister 
oaths. 



Power of Gov- 
«roor in 
Gouneil in re< 
lation to 
oaths. 



Sections 180 
to 187 repeal- 
ed ; new sec- 
tions. 

Action of 
minister. 



" 3. Every such action, suit or proceeding shall be brought 
within three months after such decision has been given.'* 

32. Section one hundred and forty-nine of the said Act 
is hereby repealed and the following substituted therefor : — 

*' 149. The report, inwards or outwards, required 
by this Act, may, in the case of any steam vessel carry- 
ing a purser, be made by such purser with the like effect in 
all respects, and subject to the like penalty on the purser 
and on the vessel, and the like forfeiture of the goods in 
case of any untrue report, as if the report was made by the 
master ; - and the word '* master," for the purposes of this 
section, shall be construed as including the purser of any 
steam vessel ; but nothing herein contained shall preclude 
the collector or other proper officer of Customs from calling 
upon the master of any steam vessel to answer all such 
questions concerning the vessel, passengers, cargo and crew, 
as might be lawfully demanded of him if the 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." 

H8. Section one hundred and fifty-three of the said Act 
is hereby repealed and the following substituted therefor : — 

*^15<(. The Commissioner of Customs or other person 
acting as deputy head of the department, and all officers 
holding, under Order in Council, the rank of chief clerk of the 
inside service in the said department, and all duly appointed 
Inspectors of Customs ports, shall, by ^drtue of their office, 
have full authority to administer all oaths and receive all 
affirmations and declarations required or authorized by this 
Act, and also to administer all oaths of allegiance and of 
office required by " The Civil Service Act^' to be taken by 
Customs officers ; and the Governor in Council may, from 
time to time, by regulation, appoint or designate such other 
and additional persons, officers or functionaries, as he sees 
fit, by name, or by their name of office, in Canada or out of 
it, as those before whom such oaths may be validly taken, 
and may, by any Order in Council, relax or dispense with 
the provisions of this Act touching oaths, affirmations and 
declarations required or authorized by this Act. with regard 
to goods imported by land or inland navigation, or to any 
other class of cases designated in such regulation/' 

84. Sections one hundred and eighty to one hundred and 
eighty-seven, both inclusive, of the said Act are hereby re- 
pealed and the following substituted therefor : — 

** l^O. The Minister may thereupon either give his deci- 
sion in the matter respecting the seizure, detention, penalty 
or forfeiture, and the terms, if any, upon which the thing 

90 i^^ jseizea 

Digitized by VjOC 



1888. Customs Act amended. Chap. 14. 16 

seized or detained may be released or the penalty or forfei- 
ture remitted, or may refer the same to the court for deci- 
sion.'* 

"1^1. If the owner or claimant of the thing seized or Minister's de- 
detained or the person alleged to have incurred the penalty defftl°t of 
docs not, within thirty days after being notified of the Min- notice, 
ister's decision, give him notice in writing that such decision 
will not be accepted, the decision shall be final." 

"1^2. If the owner or claimant of the thing seized or ^«^erence to 
detained, or the person alleged to have incurred the penalty, 
within thirty days after being notified of the Minister's 
decision, gives him notice in writing that such decision will 
not be accepted, the Minister may refer the matter to the 
court." 

" 1H3. On any reference of any matter by the Minister to P'oceedingi 
the court — the court shall hear and consider such matter ^° ^^"^*" 
upon the papers and evidence referred and upon any further 
evidence w^hich the owner or claimant of the thing seized or 
detained, or the person alleged to have incurred the penalty, 
or the Crown, produces, under the direction of the court, 
and shall decide according to the right of the matter ; and 
judgment may be entered upon any such decision, and the 
same shall be enforceable and enforced in like manner as 
other judgments of the court." 

" 1*^4. The service of notice to produce evidence referred Serrice of 
to in section one hundred and seventy-eight, and of the 
Minister's decision referred to in sections one hundred and 
eighty-one and one hundred and eighty-two, shall be suflGl- 
cient if it is effected by sending such notice by mail in a 
registered letter addressed to the owner or claimant at his 
address, as stated in the report of the seizure ; and the thirty 
days mentioned in the two sections last cited shall be com- 
puted from the date of the mailing of such notification." 

" IHSm Whenever information has been given under oath u^^k'^and'' ^^ 
to any officer of customs that goods or things have been un- papers in case 
lawfully imported or entered, or whenever any goods have of seizure of 
been seized or detained under any of the provisions of this ^°° '*' 
Act, or of any law relating to the Customs, the importer or 
exporter thereof, or the owner or claimant thereof, shall 
immediately upon being required so to do by a collector or 
other proper officer of Customs, produce and hand over all 
invoices, bills, accounts and statements of the goods so im- 
ported, entered, seized or detained, and of all other goods 
imiported into Canada by him at any time within six years 
preceding such request, seizure or detention ; and shall also J^actl m^nVbe 
produce for the inspection of such collector or other officer, made. 
and allow him to make copies of, or extracts from, all 
books of account, ledgers, day-books, cash-books, letter-books, 
invoice-books, or other books wherein any entry or memo- 
randum appears respecting the purchase, importation, cost, 
value or payment of the goods so seized or detained, and of 
all other goods as aforesaid." 

Digitized byVjOOv IC 



16 



Chap. 14. 



Cuftomx Act amended. 



61 Vict. 



Penalty for 
withholding 
Buch bookd or 
papers. 



In Bach case 
allegations to 
be deemed 
proved in 
case of non- 
production. 



Release of 
things seized 
on deposit of 
a snm equal to 
value and 
costs. 



Amount of 
penalty may 
be deposited. 



Disposal of 
lucn sum. 



Its forfeiture. 



•* 186. If any person required nnder the next preceding 
section to produce and hand over invoices, bills, accounts 
and statements, or to produce for inspection books of account, 
ledgers, day-books, cash-books, letter-books, invoice-books 
and other books, or to allow copies or extracts to be made 
therefrom, neglects or refuses so to do, he shall incur a pen- 
alty not exceeding five thousand dollars : 

" 2. Whenever any suit is instituted under the provisions 
of this Act or an order of the court is obtained, all invoices, 
accounts, books and papers relating to any imported goods, 
to which such suit or order relates, shall be produced in 
court or to any person whom the court directs, and if the 
same are not so produced within such time as the court 
prescribes, the allegations on the part of the Crown shall be 
deemed to be proved, and judgment shall be given as in a 
case by default ; but this provision shall not relieve the per- 
son disobeying any such order from any other penalty or 
punishment which he may have incurred by disobedience 
of any such order." 

" 18T. Any collector or other proper officer of customs 
may, as may also the court with the consent of the collec- 
tor or other proper officer of customs at the place where the 
things seized are, order the delivery thereof to the owner, 
on the deposit with the collector or other proper officer of 
customs, in money, of a sum equal at least to the full duty- 
[)aid value (to be determined by the collector or other proper 
officer of customs) of the things seized and the estimated 
costs of the proceedings in the case ; and any collector or 
other proper officer of customs may receive from any person 
charged with any contravention of this Act, although no 
seizure of goods has taken place, a sum in money equal to 
the full amount of the penalty or forfeiture to which he 
may be liable for such contravention (to be determined by 
the collector or other proper officer of customs) together 
with the estimated costs of the proceedings in the case : 

*' 2. Any sum or sums of money so deposited shall be 
immediately deposited in some bank appointed for that 
purpose by competent authority, to the credit of the 
Minister of Finance and Receiver General, there to remain 
until forfeited in due course of law or released by order of 
the Minister of Customs ; and if such seized articles are 
condemned, or such penalty or forfeiture accrues to the 
Crown, either by suit in a court or by a decision of the 
Minister of Customs under this Act, the money deposited 
shall be forfeited." 



Section 192 
repealed ; 
new section. 

Penalty and 
forfeiture for 
Bmuggling, 
using false in- 
Toices, &c. 



S»^« Section one hundred and ninety-two of the said Act 
is hereby repealed and the following substituted there- 
for:— 

" 192. If any person smuggles or clandestinely introduces 
into Canada any goods subject to duty, or makes out or 
passes or attempts to pass through the Custom house any 

^'^ Digitized by Goc/alse, 



1888. Custmns Act amended, . Chap. 14. 17 

false, forged or fraudulent invoice, or in any way attempts 
to defraud the revenue by evading the payment of the duty, 
or of any part of the duty on any goods, such goods, if 
found, may be seized and forfeited ; or if not found, but the 
value thereof has been ascertained, the person so oflfending 
shall forfeit the value thereof as so ascertained ; and every Additional 
such person, his aiders and abettors shall, in addition pon^^Hy. 
to any other penalty to which he and they are subject 
for such offence, forfeit a sum equal to the value of 
such goods, — which sum may be recovered in any court of 
competent jurisdiction,— and shall further be liable on sum- 
mary conviction before two justices of the peace, or any 
other magistrate having the powers of 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." 

86* Section one hundred and ninety-threeof the said Act Section 19S 
is hereby repealed and the following substituted there- SSw wct^on. 
for : — 

" 108* If any goods are unladen from any vessel or vehicle Penalty tor 
or put out of the custody of the master or person in charge good7.^^'^**°* 
of the same, before report is made as required by this Act, 
or if such master or person fails to make such report, or to 
produce such goods, or makes an untrue report or does not 
truly answer the questions demanded of him, he shall for 
each such offence incur a penalty of four hundred dollars ; 
and if any such goods are not so reported and produced, or if g^^^ ^^iJJ de- 
the marks and numbers or other description of any package tention of 
do not agree with the report made, such goods or package ^^^^^^ 
shall be seized and forfeited, and the vessel or vehicle and 
the animals drawing the same shall be detained until such 
amount is paid ; and unless payment is made within thirty 
days, such vessel or vehicle and any animals drawing the 
same may, after the expiration of such delay, be sold to pay 
such penalty." 

Sy. Section one hundred and ninety-five of the said Act Section 196 
is hereby repealed and the following substituted therefor : — SewM^ct/oa. 

" 195* All goods shipped or unshipped, imported or ex- penalties and 
ported, carried or conveyed, contrary to any regulation made forfeitures for 
by the Governor in Council, and all goods or vehicles and tU)n*^*f7eg^a- 
all vessels under the value of four hundred dollars, with lations. 
regard to which the requirements of any such regulation 
have not been complied w^ith, shall be forfeited and may be 
seized ; and if such vessel is of or over the value of four 
hundred dollars, the master thereof shall, by such non-com- 
pliance, incur a penalty of four hundred 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 such penalty 

98 Digitized b^^TOOgle 



18 



Chap. 14. 



Cutioms Act amended. 



61 Vict. 



Recovery. 



Section 197 
rtpealed ; 
new section. 

Forfeiture of 

Bmnffgled 

goods. 



Penalty if 
ffoodsare not 
found. 



Sections 201 
and 202 re- 
pealed ; new 
aections. 

Person mak- 
ing or author- 
izing false 
invoice not to 
recover any 
part or pr.ce 
of goods. 



What shall be 
evidence of 
fraud . 



and any expenses incurred in making the seizure and keeping 
and selling such vessel ; and any such forfeitures and penal- 
ties shall be recoverable and may be enforced in the same 
manner, and before the same court and tribunal, as if 
incurred by the violation of any provision of this Act." 

3S. Section one hundred and ninety-seven of the said 
Act is hereby repealed and the following substituted there- 
for :— 

"197. If any person knowingly harbors, keeps, conceals, 
purchases, sells or exchanges any goods unlawfully imi)orted 
into Canada, (whether such goods are dutiable or not,) or 
whereon the duties lawfully payable have not been paid, — 
such goods, if found, shall be forfeited and may be seized. 
If such goods are not found, the person so offending shall for- 
feit the value thereof ; and every such person, his aiders and 
abettors shall, in addition to any other penalty, forfeit 
a sum equal to the value of such goods, which may be 
recovered in any court of competent jurisdiction, and shall 
further be liable, on summary conviction before two jus- 
tices of the peace or any magi^rate having the powers of 
two justices of the peace, to a penalty not exceeding two 
hundred dollars and not less than fifty dollars, or to impris- 
onment for a term not exceeding one year and not less than 
one month, or to both fine and imprisonment." 

SO. Sections two hundred and one and two hundred and 
two of the said Act are hereby repealed and the follow- 
ing substituted therefor : — 

*'U01« If any person makes, or sends, or brings into Ca- 
nada, or causes or authorizes the making, sending or bringing 
into Canada, any invoice or paper, used or intended to be 
used as an invoice for Customs purposes, in which any 
goods are 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 recoverable by such person, his assigns or 
representatiA'es, for the price of such goods or any part 
thereof, or on any bill of exchange, note or other security, 
unless in the hands of an innocent holder for value without 
notice, made, given or executed for the price of such goods 
or any part of such price." 

** !S02. The production or proof of the existence of any 
other invoice, account, document or paper made or sent by 
any person, or by his authority, wherein goods or any of 
them are charged or entered at or mentioned as bearing a 
greater price than that set upon them in any such invoice 
as in the next preceding section mentioned or in which the 
goods are falsely described, shall be primA facie evidence 
that such invoice was intended to be fraudulently, used for 
Customs purposes ; but such intention, or the actual frau- 

94 dulent 

Digitized by VjOOQIC 



1888. Customs Act amended. Chap. 14. 19 

duleut use of such invoice, may be proved by any other 
legal evidence." 

40. Section two hundred and four of the said Act is Section 204 
hereby repealed and the following substituted therefor : — Mw*ect/on. 

** ttO^^ If any entry passed at any Custom house is Forfeitnre of 
false in any particular to the knowledge of any person goods faiseijr 
connected with the making thereof, all the packages and ®°^''^^- 
goods included or pretended to be included, or which ought 
to have been included in such entry, shall be forfeited " 

41. Section two hundred and twenty-t^vo of the said Section 222 
Act is hereby repealed, and the following substituted new*ecUon. 
therefor : — 

** 4S22* All penalties and forfeitures incurred under this in what 
Act or any other law relating to the Customs or to trade or Jj^g'^mlfor^ 
navigation, may, in addition to any other remedy provided feitures are 
by this Act or by law, be prosecuted, sued for and recovered recoverable. 
with full costs of suit, in the Exchequer Court of Canada or 
in any superior court or Court of Vice- Admiralty, having 
jurisaiction in that Province in Canada where the cause of 
prosecution arises, or wherein the defendant is served with 
process ; and if the amount of any such penalty or forfeiture 
does not exceed two hundred dollars, the same may also be 
prosecuted, sued for and recovered in any court having 
jurisdiction to that amount in the place where the cause of 
prosecution arises, or where the defendant is served with 
process. 

42. Section two hundred and twenty-eight of the said ^ction^228 
Act is hereby repealed and the following substituted there- Sew ae^ctiou. 
for: — 

"228. In any declaration, information, statement of what shall be 
claim or proceeding in any such prosecution or suit, it shall J[vfrment 
be 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 the Customs, shall 
be sufficient primd facte evidence of the fact alleged ; and no 
person shall be disqualified as a witness by reason of 
interest." 

43. Section two hundred and thirty-three of the said Act Section 233 
is hereby repealed and the following substituted there- new"se\tioii. 
for :— 

" 233* If any prosecution or suit is brought for any Burden of 
penalty or forfeiture under this Act or any other law relat- SJJ^fr^or 
ing to the Customs or to trade or navigation, and any ques- claimant of 
tion 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 

96 exportation OOqIc 



20 



Chap. 14. 



Customs Act amended. 



51 Vict. 



Section 336 
repealed j 
new sectioo. 
WbatBballbe 
deemed a 
^commence* 
ment of salt. 



Section 240 
repealed : 
new section. 
Limitation of 
time for 
bringing 
euits. 



Section 245 
amended. 



As to tare. 



Section 346 
repealed : 
new section. 
RegnlatioiiB 
as to passing 
et goods 
through Can- 
adian canals, 
Ac. 



Security. 



UegulatioDS 
as to travel . 
lers. 



exportation of the same, or as to the doing or omission of 
any other thing by which such penalty or forfeiture would 
be incurred or avoided, — the burden of proof shall lie on 
the owner or claimant of the goods, and not on the Crown, 
or on the person bringing such prosecution or suit." 

44. Section two hundred and thirty-six of the said Act 
is hereby repealed and the following substituted therefor : — 

" 230. Whenever, under any provision of this Act, any 
penalty may be recovered or any forfeiture maybe enforced 
by action, suit or proceeding, the seizure by an officer of 
Customs 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.'* 

45* Section two hundred and forty of the said Act is 
hereby repealed and the following substituted therefor : — 

" 240. AH seizures, prosecutions or suits for the recovery 
or enforcement of any of the penalties or forfeitures im- 
posed by this Act, or any other law relating to the Customs, 
may be made or commenced at any time within three years 
after the ofience was committed, or the cause of prosecution 
or suit arose, but not afterwards." 

40« Section two hundred and forty-five of the said Act 
is hereby amended by striking out the paragraph thereof 
lettered (ft), and substituting the following therefor : — 

(6) " For regulatinff and declaring what allowances shall 
be made for tare on the gross weight of goods." 

47. Section two hundred and forty-six of the said Act is 
hereby repealed and the following substituted therefor : — 

" 246* The Grovemor 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 navi- 
gation, or in or on railway cars, from one part of the fron- 
tier 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 precautions to be taken at the expense of the importer, 
whether by placing officers of the Customs on board any 
such vessel, railway car or carriage, or otherwise, as to him 
seem meet ; and on the refusal of the importer to comply 
with the regulations so made, the duty on the goods so im- 
ported shall forthwith become payable : 

" 2. The Minister of Customs 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 drawing the 

Digitized by CjOOQIc^ ^ 



1888. Customs Act amended. Chap. 14, 21 

same, and personal bag^ge, with the intention of forth- 
with returning to the United States, or having gone to 
the United States from Canada, returning to it 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. Every animal or vehicle and Forfeiture for 
goods of any kind, brought into Canada by any traveller, maig%*cT 
and which have been exempted from duty under such without pay- 
regulations 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." 

4H. The said Act is hereby further amended by adding New sectioa 
the following thereto as section two hundred and fifty- *^^®^' 
live : — 

'' 2S5. The surplus, if any, of the proLieeds of the sale of Disposal of 
any vessel sold for any penalty over and above the amount saiTof^vesael. 
of the penalty, and expenses incurred, shall be paid to the 
owner of the vessel so sold, or to his lawful agent or other 
persons entitled thereto/* 

4d« Sections seventy, ninety-two, one hundred and twen- Certain other 
ty-six, one hundred and twenty-eight, one hundred and pea\*ed.^ ^^ 
twenty-nine, one hundred and thirty, one hundred and 
thirty-one, two hundred and ten, two hundred and eighteen, 
and two hundred and thirty-seven of the said Act are here- 
by repealed. 



OTTAWA: Printed by Brown Chambbrlin, Law Printer to the Queen's Moat 
Excellent Majesty. 



VOL. t— T 97 CHAP. 

Digitized byCjOOQlC 



51 VICTORIA. 



Preamble. 
R.S.C., c. 33. 



Oertain ei» 
port duties 
may be re- 
duced or re- 
.moTed. 



Section 9 
repealed j 
new section. 

Certain arti- 
cles to be free 
in Canada, 
when free in 
United 
States. 



CHAP. 15. 

An Act to amend chapter thirty-three of the Revised 
Statutes of Canada, respecting the duties of Customs. 

[Assented to '22nd May, 1888.] 

IN further amendment of the Act respecting the duties of 
Customs, Her Majesty, by and with the advice and con- 
sent of the Senate and House of Commons of Canada^ 
enacts as follows : — 

!• The Grovernor General may, by proclamation, when-^ 
ever it appears to his satisfaction to be desirable in the 
public interest so to do, either reduce or remove entirely or 
in part, the export duties provided for by section six of the 
said Act and schedule E thereto, or by any Act in amend- 
ment thereof. 

2. Section nine of the said Act is hereby repealed and 
the following substituted therefor : — 

" »• Any or all of the following things, that is to say : 
animals of all kinds, hay, straw, vegetables (including^ 
potatoes and other roots) salt, peas, beans, barley, malt, rye, 
oats, buckwheat, flour of rye, oatmeal, buckwheat flour, 
butter, cheese, flsh of all kinds, fish oil, products of fish 
and of all other creatures living in the water, fresh meats, 
poultry, stone or marble in its crude or unwrought state,, 
lime, gypsum or plaster of Paris (ground, unground or cal- 
cined),hewn or wrought or unwrought burr and grindstones, 
and timber and lumber of all kinds unmanufactured in 
whole or in part, including shingles, clapboards and wood 
pulp, may be imported into Canada free of duty, or at a less 
rate of duty than is provided for by any Act at the time in 
force, upon proclamation of the Governor General, which 
may be issued whenever it appears to his satisfaction that 
similar articles from Canada may be imported into the Uni- 
ted States free of duty, or at a rate of duty not exceeding that 
payable on the same under such proclamation when im- 
ported into Canada.** 

98 Digitized by GOOg lea* 



1888. 



Duties of Customs. 



Chap. 15. 



*• Section ten of the said Act is hereby repealed. 



Sect! cm 10 re- 
pealed. 



4. Items 692 and 781 in Schedule C to the said Act are f^^^ndid.^ 
hereby repealed, and the following substituted therefor : — 
" 692. Coffee, green, except as hereinbefore provided." 
" 781. Tea, except as hereinbefore provided." 



TTAWA: Printed by Brown Chambbrlin, Law Printer to the Queen^s Most 
Excellent Majesty. 



voii I — 1i 



99 



DigitiQ^yjgoOgle 



51 VICTORIA 



CHAP. i6. 



Preamble. 
R.S.O., c. 34. 



Section 130 
amended. 



Duty on 
spints speci- 
fied. 



Section 131 
amended. 



Section 146 
amended. 



Section 147 
amended. 



Section 148 
amended. 



An Act to amend Chapter thirty-four of the Revised 
Statutes, respecting the Inland Revenue. 

[Assented to 22nd May, 1888.] 

IN amendment of " The Inland Revenue Act'' Her Majesty, 
by and with the advice and consent of the Senate and 
House of Commons of Canada, enacts as follows: — 

1* The paragraph of section one hundred and thirty of 
the said Act, lettered (A.), is hereby repealed and the follow- 
ing substituted therefor : — 

*' (ft.) AVhen manufactured exclusively from malted 
barley, taken to the distillery in bond and on which no duty 
of customs or excise has been paid, or when manufactured 
from raw or unmalted grain, used in combination, in sucli 
proportions as the Department of Inland Revenue pre- 
scribes, with malted barley taken to the distillery in bond 
and on which no duty of eustoms or of excise has been 
paid — on every gallon of the strength of proof by Sikes' 
hydrometer, and so in proportion for any greater or less 
strength, and for any less quantity than a gallon, one dol- 
lar and thirty-two cents." 

S. Section one hundred and thirty-one of the said Act is 
hereby amended by striking out the words " dat o f their 
manufacture " in the twenty-second and twenty-third lines, 
and substituting the words " date when warehoused'* iu 
lieu thereof. 

3. The paragraphs of section one hundred and forty-six 
of the said Act, lettered («.) and (/.), are hereby rej)ealed and 
the following substituted therefor: — 

" (t.) The quantity of spirits entered for warehouse and 
ex-warehouse.*' 

4. Section one hundred and forty-seven of the said Act 
is hereby amended by adding, at the end thereof, the words 
** and their products." 

tt* Sub-section four of seetion one hundred and forty- 
eiffht of the said Act is hereby repealed and the following 
^ub-sections substituted therefor :— ^ GoOqIc 

100 ^ "4. 



1888. - Inland Rev€7me Act amended. Chap. 16. t 

" 4. No spirits subject to excise w^hich have not been ^^en spirits 
warehoused for at least twelve months shall be entered ^*foJ*con.**'^ 
for consumption ; and after the first day of July, one thou- sumption. 
sand eight hundred and njaiety, no such spirits which have 
not been warehoused for:ati^*lst two years shall be entered 
for consumption: ProvicltirU-Hl^ays, that spirits may, |^^™^^*i »^ 
under regulations made by \fl>f? J)epartment of Inland 
Revenue, be removed in bond al aby'date after being ware- 
housed, from any duly licensed distillejVto the premises of 
any duly licensed bonded manufacturer* Tor 'manufacturing 
purposes only, but not for sale : ' * ^ 

" 5. Provided always, that the holder of ft" Hctiise for a Exception in 
distillery who was not the holder of a license ok* t^e't wen- <»r**»'» cas®»* 
tieth day of July, one thousand eight hundred and f^igh'ty- 
five,but who was such holder on the twentieth day of Marcn^ 
one thousand eight hundred and eighty-eight, may be - 
allowed by the Department, under such regulations and re- 
6tri<!tions as the Governor in Council prescribes, to enter 
and remove for consumption, for any purpose, one-third part 
of the yearly product of such distillery at any time after 
being warehoused, during the two years next following the 
issuing of the original license relating to such distillery ; and 
during the three years next following the expiry of the said 
two years, to enter and remove for consumption for any pur- 
pose, one-third part of the yearly product of such distillery, 
— which third part has been warehoused for at least twelve 
months : 

" 6. The expression " yearly product of such distillery " Interpreta- 
means for the purpose of the next pre(H^ding sub-section, a ^*^"* 
quantity not in excess of the estimated annual production 
upon which the amount of the license bond given by the 
distiller, for the current fiscal year, was determined by the 
department." 

6« The paragraphs of section two hundred and five of the Section 205 
said Act lettered (a) and (b) are hereby repealed and the fol- *™*° * 
lowing substituted therefor : — 

** (a.) One hundred malt measures by gauge of dry barley Basigofcom- 
or other grain shall beheld to be equivalent to one hundred culafion.^**' 
and seven malt measures by gauge of dry malt: 

** (b.) One hundred malt measures by gauge of barley or 
other grain properly saturattul with water for the purpose 
of malting, or in the couch, shall be deemed to be equivah^nt 
to eighty-one and one-half malt measures by gauge of dry 
barley or other grain, or to eighty-seven and one-fifth malt 
measures by gauge of dry malt." 

7. Section two hundred and thirty-three of the said Act Section 233 
is hereby repealed and the following substituted therefor : — new^wu'on. 

" SKiSI. When wood naphtha, wood alcohol, or any similar Certain arti^ 
or equivalent substitute for methylated spirit is to be used pUecnsy^the^ 
for manufacturing purposes in Canada, it shall be siipplied department. ' 

Digitized by CjOOQIC 



Chap. 16. 



Inland Revenue Act amended. 



51 Vict. 



to the manufacturer by the Department of Inland Revenue, 
or by such agency and on surh conditions as are determined 
by departmental regulations in that behalf, and the price 
thereof shall not exceed the actual cost with the addition of 
fifteen per cent." .••*•*. 



Section 234 
amended. 



H. From and after th(j fl^s'tSay of July, one thousand eight 
hundred and eighty-rfgH^ kll the words in section two hun- 
dred and thirty-fpuy**irom the word " therefrom " in line 
twenty to the eildj*^f*the section shall be repealed and the 
following swbstibited therefor : — ** Provided always, that the 
undermeutiojued article, when manufactured in bond, shall, 
when-'eHt'pfed for consumption in Canada, be subject to the 
foljcvwiftg duty of excise, and to no other, that is to say — 
Dutyofexciv.*;,*''dnegar containing six per cent, of acetic acid, the 
on vmegw^^.^ dtfength to be determined by such tests as are established 
•by Order in Council, — and so in proportion for any greater 
or less strength — on every gallon or less quantity than a 
gallon, four cents." 



Section 258 
amended. 



Duties of ex- 
cise : 



On tobacco ; 



On snaff ; 



Duty. 



On cigarette?. 



^* The first twenty-four lines of section two hundred 
and fifty-eight of the said Act are hereby repealed and the 
following substituted therefor : — 

" 258. There shall be imposed, levied and collected on to- 
bacco and cigars manufactured in Canada, the following 
duties of excise, which shall be paid to the collector of in- 
land Revenue as by this Act provided, that is to say : — 

** On all chewing and smoking tobacco, fine-cut, cavendish, 
plug or twist, cut or granulated, of every description ; on 
tobacco twisted by hand or reduced into a condition to be 
consumed or, in any manner other than the ordinary mode 
of drying and curing, prepared for sale or consumption, 
even if prepared without the use of any machine or instru- 
ment and without being presst^d or sweetened, and on all 
fine-cut shorts and refuse scrai)s, cuttings and sweepings of 
tobacco ; and — 

" On all snuff, manufactured of toba(^.co, or any substitute 
for tobacco, ground, dry, scented or otherwise, of all descrip- 
tions, when prepared for use and containing not more than 
forty per cent, of moisture — 

" Made in whole or in part from foreign or imported raw 
leaf tobacco, or the product in any form, in whole or in part, 
of foreign raw leaf tobacco ; 

" On every pound, actual weight, twenty cents — except 
that cut tobacco, when put up in packages containing one- 
twentieth of a pound or less, each, shall pay a duty of thirty- 
five cents per pound ; and — 

*' On cigarettes, whether the product of foreign or of do- 
mestic leaf tobacco, weighing not more than three pounds 
per thousand, on every pound, actual weight, sixty cents; 
and — 

102 " On 



Digiti: 



zed by Google 



1888. Inland Revenue Act amemled. Chap. 16. 4 

" On cigarettes, whether the product of foreign or of do- 
mestic leaf tobacco, weighing more than three pounds per 
thousand, on every pound, actual weight, one dollar ; and — " 

2. The last six lines of the said section two hundred and Further 
fifty-eight are hereby repealed and the following substituted ^™®° ™®°^' 
therefor : — 

"On all cigars, whether the product of foreign or of do- Duty on 
mestic raw leaf tobacco, when put up in packages contain- ^*^^" ' 
ing less than ten cigars each, sevam dollars pi^r thousand ; 

" On manufactured tobacco of all kinds, exc^ept cigarettes, ^^ manufac- 
(including common Canada twist) when made solely from d^aa tobacco. 
tobacco grown in Canada, and on the farm or premises where 
grown, by the cultivator thereof, or in a manufactory where 
no imported or foreign leaf is used or kept, on every pound, 
actual weight, five cents." 

lO. The paragraph of sub-section one of section two Section 260 
hundred and sixty of the said Act, lettered (r/.), is hereby ^^^^^ * 
repealed and the following substituted therefor: — 

'* (a.) All cavendish, plug and twist tobacco, in rectangu- Packages of 
lar wooden boxes, except as hereinafter provided, containing 
from five to twenty-five pounds inclusive, from thirty-five 
to forty-five pounds inclusive, from sixty to eighty pounds 
inclusive, or from one hundred to one hundred and ten 
pounds inclusive ; " 

2. The paragraph of the said sub-section one of section further 
two hundred and sixty of the said Act, lettered (A.), is 
hereby repealed and the following substituted therefor : — 

*' (A.) All cigars shall be packed in wooden boxes (except Packages of 
as hereinafter provided) not before used for that purpose, ®^^*"" 
containing respectively three, six, ten, twenty-five, fifty, 
one hundred or two hundred cigars each; except that 
Manilla cigars and cheroots, but not imitations thereof, 
may, when imported from abroad, be contained, in addition 
to the above-named quantities, in boxes of five hundred 
each." 

!!• Sub-section one of section two hundred and sixty-six Section 266 
ofthe said Act is hereby repealed and the following sub- ^"^°^*^' 
fitituted therefor : — 

" S06. All cavendish, plug and twist tobacco shall be }^^<^^ ™»°«- 

.J J ixirj. 1 -j-i factnre deem-' 

considered as completely manuiactured as soon as it has oa complete. 
been put up in packages, except that when a manufacturer 
sweats his tobacco after it has been put into caddies, boxes 
or other packages, the manufacture shall be considered 
completed only when the tobacco is moved from the sweat 
room." 

18« Section two hundred and ninety-six of the said Act Section 296 
is hereby repealed and the following substituted therefor : — S^cw w*ctix)a. 

" 290. No tobacco of any description put up in packages Limitation of 
containing one pound or under, nor tobacco in any sized ""^^^P*^^* 

103 packages, , 

Digitized by LjOOQIC 



Chap. 16. 



Inland Revenue Art amended. 



61 Vict. 



age as to re- packages whatever containing less than ten pounds, if the 
bom?.^ *" product of raw leaf tobacco of Canadian growth, and no 
cigars when put up in packages containing less than 
twenty-five cigars each, shall be removed in bond from one 
warehouse to another warehouse, whether within the same 
or any other Inland Eevenue division." 



Section 303 
amended. 



Tobacco 
grown for 
private use. 



151- Sub-section two of section three hundred and three 
of the said Act is hereby repealed and the following substi- 
tuted therefor : — 

** 2. Provided always, that any person who grows tobacco 
on his own land or property, and manufactures the same 
into common Canada twist solely for the use of himself and 
such members of his family as are resident with him on the 
farm or premises on which the tobacco was grown, and not 
for sale, shall not require a license for so doing ; nor shall 
the tobacco so manufactured be subject to excise duty ; but 
the quantity so manufactured in any one year shall not 
exceed thirty pounds for each adult male member of the 
family resident on the farm or premises as aforesaid." 



OTTAWA: 



Printed by Browx Chamberlin, Law Printer lo the Qnecn's Most 
Kxcellent Majesty. 



104 



Digiti: 



CHAP. 

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51 VICTORIA, 



CHAP. 17. 

An Act to amend Chapter twenty-seven of the Revised 
Statutes, respecting the Department of Public Printing 
and Stationery- 

[Assented to 22nd May, 1888.] 

WHEREAS it is expedient to amend the "Revised Statutes ^^|*g*^^®- 
of Canada, chapter twenty-seven, intituled " An Act ' *' ^' ^ 
respectinfi; the Department of Public Printing and Stationery : " 
Therefore Iler Majesty, by and vsrith the advice and consent 
of the Senate and House of Commons of Canada, enacts as 
follows : — 

!• In all cases in which any duty is assigned by the Act ^j°J^^^f "tl^'V" 
hereby amended to the clerk of either House of Parliament, printing' 
the same shall be performed by the clerk of the Joint Com- Committee, 
mittec of the two Houses on printing, or other oflScer speci- 
ally designated by that Committee, in respect of all mat- 
ters within the jurisdiction and under the superintendence 
of that Committee and its oiFicers. 

2. Section three of the said -Act is hereby repealed and Section 3 re- 
the following substituted therefor : — section! ^^^ 

*' 3. All printing, stereotyping or electrotyping, litho- ^^^^ ^^ox^ 
graphy or binding work, or work of a like nature, and iJJticieTwip" 
paper and other material therefor, required for the use pii«d by de- 
of the Senate and the House of Commons, and of the P*^^°^^°^* 
several departments of the Government of Canada — 
whether for the inside service or the outside service — 
shall be executed and shall be proi^ured subject to the 
superintendence and audit of the proper officer of the 
department : the proper officer of the department shall also 
superintend and execute the purchase and distribution of » 

all paper, books and all other articiles of stationery of what- 
soever kind, and the distribution and sale of all books 
or publications issued by order of cither House or both 
Houses of Parliament, or any department of the Government 
of Canada, and also the audit of all accounts for the adver- Advenialog. 

105 tising 



Digiti: 



zed by Google 



2 Chap. lY. Public Prinlimr and Stationery Act, 51 ViCT. 

tisiiig required for the public service ; and all work and 
supplies in this section before mentioned shall be done 
purchased and distributed through the department exclu- 

Exception, sively, except that booing, which are procured for addition 
to the Library of Parliament, and printed books required 
for the use of the chai>lains, libraries or schools in the peni- 

• tentiaries, may be procured as before the second day of 

June, in the year one thousand ei<?ht hundred and eisrhty- 

SIX. 



Sectioa 4 re- 
pealed ; new 
section. 
Appointment 
of Queen's 
Primer. 



His duties. 



How to be 
performed. 



Qualification 
of Queen's 
Printer. 



Appoint^uent 
of officers. 



Qualification 
of Superinten- 
dent of Print. 

And of Saper- 
intendent of 
Stationery, 



•^« Section four of the said Act ishen^by repeah^d and the 
followinir substituted theretor : — 

*' 4. The Crovernorin Council may, byconiniissioii under 
the Great Seal, appoint an oflicM^r who shall be called the 
Queen's Printer and Controller of Stationery, shall hold 
otlice during pleasure, and shall be tlu» deputy head of the 
department ; he shall, under the Minister, have the manajre- 
meut and control of the several servic(\s to vvhi<»h this Act 
relates, and shall have such powers and shall perform such 
duties as are conferred upon and assigned to him by this 
Act or by any other Act of the Parliament of Canada, or by 
any Order in Council made thereunder ; but all such powers 
shall be exercised and such duties be performed siibject to 
the control of the Ministi^r and as he directs ; and wherever, 
in any Act of the Parliament of Canada any power is 
conferred upon or any duty is assigned to the Queen's 
Printer, such power may be exercised and such duty shall 
be performed by the Queen's Printer appointed under this 
Act: 

" 2. No person shall be appointed Queen's Printer unless 
he has been actively engaged for at least ten years in the 
business of printing or publishing or in the superinten- 
dence of the printing and cognate services of the Parlia- 
ment or Government of Canada : 

'* 3. The Governor in Council may also appoint a Superin- 
tendent of Printing, a Superintendent of Stationery and an 
Accountant, who shall respectively have the rank in the 
Civil Service of Canada which is from time to time assigned 
to them respectively by the Governor in Council ; the 
Governor in Council may also appoint such officers, clerks 
and servants as are necessary for the proper conduct of the 
business of the department ; and the said superintendents, 
accountant, officers, clerks and servants shall hold office 
during pleasure, and shall perform such services as are, from 
time to time, assigned to them by the Governor in Council 
or by the Minister : 

** 4. No person shall be appointed Superintendent of Print- 
ing unless he has had at least five years' experience in the 
business or trade of a printer, or in the management of a 
printing house ; no person shall be appointed Superinten- 
dent of Stationery unless he has had at least five years' 
experience in the business of a stationery establishment in 

106 Canada 

Digitized by CjOOQIC 



1888. Public Printing and Stationery Act. Chap. Vl, 

Canada, or in the management and superintendence of 
similar work for the Parliament or Government of Canada ; 
and no'person shall be appointed Accountant unless he has -^"^^ ^' '^^' 
a competent knowledge of book-keeping and accounts, and 
has had at least five years' experience in the measuring and 
auditing of printing and binding work, either in a printing ' 
or publishing establishment, or in the service of the Parlia- 
ment or Grovernment of Canada : 

" 5. The Superintendent of Printing, the Superintendent Exemptio-i 
of Stationery and the Accountant, being appointed as experts tfo™^^^™*" 
in the work to be performed by them, shall not be subject 
to the ordinary Civil Service examinations." 



4. Sub-sections two and three of section five are h«^rebv Sections 
repealed and the following substituted thiTcfor :— " ^«»^'^^«^- 

*' 2. The Superintendent of Printing may, with the Employment 
approval of the Minister, employ such api>rentices, journey- ^f workmen, 
men, workmen, skilled hands or others, as are necessary to 
perform the work of the establishment and may remove the 
same, — and shall, with like approval, purc^hase such material, 
other than printing and other paper, as is nei'essary for such 
service. The provisions of ** Tlie Civil Service Act " shall not 
apply to the persons so employed by him : 

*' 8. All persons employed under the provisions of the next Their pay- 
preceding sub-section shall be paid in accordance with °^^°^' 
weekly, fortnightly or monthly pay-rolls audited by the 
Accountant." 

5. Section six of the said Act is hereby amended by add- Seciion 6 
ing the following sub-section thereto : — amended. 

*'5. The Superintendent of Stationery may, with the ap- Persona may 
proval of the Minister, employ such persons skilled in the forTi^sto-** 
stationery business, apprentices, workmen and others as are tioaery ©mce. 
necessary for the efficient working of the stationery office, 
and may remove the same. Such skilled persons and others Their pay. 
shall be paid in accordance with weekly, fortnightly or ™^*^^" 
monthly pay rolls audited by the -Accountant. The provi- 
sions of '* Tlie Civil Service Act " shall not apply to the 
persons so employed by him." 

6. Section twelve of the said Act is hereby repealed and Section 12 re- 
the ibllowing substituted therefor : — section! °^^ 

" 12. The deputy head of each department shall furnish Kstimates to 
to the Minister, when required, an estimate of the probable |j^ deputy®^ 
quantity, quality and variety, as well as the i)robable heads of de- 
amount in value, of all articles commonly known as "sta- P'^^^n^^^^^s* 
tionery," and of the probable amount, in value, of printing 
and binding required for the purposes of t^ach such depart- 
ment for the then ensuing financial year : 

'* 2. The clerk of «ach House of Parliament shall furnish And by the 
to the Minister, when required, an estimate of the probable Housed ^^ 
quantity, quality and variety, as well as the probable 

107 amount^ 

Digitized by CjOOQIC 



Chap. 11. Public Pritillng and Staiiovery Act. 51 YlCT. 



And by the 
clerk of the 
Printing 
Conimiiteo. 



Sectioa 14 re- 
pealed ; new 
section. 
Statement for 
Auditor Gen- 
eral. 



R,S.C., c. 20. 

Stock to be 
taken. 



Audit Act to 
apply. 
fi.S.C., C.29. 



Regulations 
may be made 
as to disci- 
pline, &c. 



amount in value, of all articles commonly known as " sta- 
tionery/' required for the purposes of each such House of 
Parliament for the then ensuing financial year : 

'*3. The clerk of the joint Committee on the Printing of 
Parliament or other officer specially designated by that 
Committee, shall furnish to the Minister, when required, an 
estimate of the probable amount, in value, of printing and 
binding required by the two Houses of Parliament, and also 
the probable quantity, quality and variety, as well as the 
probable amount in value, of the printing paper required 
for the use of Parliament for the then ensuing financial 
year." 

T. Section fourteen of the said Act is hereby repealed and 
the following substituted therefor : — 

*'14« The Queen's Printer shall furnish a statement 
monthly to the Auditor General, with the accounts and 
vouchers therefor, of all stationery and articles purchased 
and supplied to each department and each House of Par- 
liament, and also of all printing and binding executed for 
each department and for the two Houses of Parliament, 
during the preceding month, ((^-tified as correct by the 
deputy head of such department, or by the clerk of either 
House of l^arliament, or by the clerk of the joint Committee 
on the printing of Parliament, as the c^ase may be, in the 
manner provid(»d with respect to contingencies by " The 
Contingencies Act""; and the Auditor General shall, annually 
or more frequ(*ntly at his discretion, cause the stock of 
stationery in store to be checked with the quantities pur- 
chased and supplied : """ ' 

** 2. The provisions of '' Tlie Consolidated Revenue and Audit 
Act^* shall, so far as applicable, extend to the accounts and 
charges in(nirred underjhis Act." 

Hm The Minister may, from time to time, with the approval 
of the Governor in Council, make such regulations as he 
thinks fit respecting the discipline of the printing and sta- 
tionery offices and of the persons employed therein, 
regulating their hours of attendance* and rate of salary or 
wages, and th<* times and method of payment thereof, and 
mav, from time* to time, amend, alter or repeal the same and 
mak(» others in their place ; and such regulations shall ^be 
enforced by the Queen's Printer and Controller of Stationery, 
the Superintendent of Printing and Superintendent of i5ta- 
tionery ; and by such regulations fines may be imposed 
upon such employees for non-attendance during working 
hours, or misconduct tending to prevent efficient work, or 
to cause damage to Government property therein. 



OTTAWA: rrlnlcd byJBHuw.v Chamhkkmn, Law Primer to the Queen's Most 
Kxcellcnt Majesty 



108 



^ CHAP. 

Digitized by LjOOQIC 







^ 



51 VICTORIA. 



CHAP. i8. 



An Act to amend the Act respecting Patents of 

Invention. 

[Assented to 22nd May, 1888.] 

XTER Majesty, by and -with the advice and consent of the PreAmbie. 
•^^ Senate and House of Commons of Canada, enacts as 
follows :— 

1. Section five of " The Patent Act,'' chapter sixty-one of l*^*^^'^ ^ ^|^ 
the Revised Statutes of Canada, is hereby repealed and the repeaiedtnew 
following substituted therefor : — section. 

***• The Governor in Council may appoint a Deputy ^JPV*3^^*^"^\ 
Commissioner of Patents whose salary shall be two thousand Sfflcire majT 
eight hundred dollars per annum, and may, from time to ^ Appointed, 
time, appoint such officers and clerks under such Deputy 
Commissioner as are necessary for the purposes of this Act, 
and such Deputy Commissioner, officers and clerks shall 
hold office during pleasure." 

8* The Deputy Commissioner of Patents shall, subject to ^^^**®^^j|^ 
the head of the Department to which the Patent Office may a^/eT^" *" 
be, at any time, attached, oversee and direct the officers, 
clerks and employees in the Patent Office and shall have 
general control of the business thereof, and shall perform 
such other duties as are assigned to him by the Q-ovemor 
in Council. 



OTTAWA : Printed bj Bboitji Orambbrlin, Law Piinter to the Queen*! Molt 
Bxoellent Majestj. 



log CHAP. ^ , 

Digitized by LjOOQIC 



I 




51 VICTORIA. 



CHAP. 19. 

An Act to amend the Revised Statutes of Canada, 
chapter fifty, respecting the North-West Territories. 

[Assented to 22nd May, 1888] 

Preamble. WHEREAS It is expedient to amend " The North-West 

R.S.O., c. 60. VV Territories Act'' d^ hereinafter provided: Therefore 

Her Majesty, hj and with the advice and consent of the 

Senate ana House of Commons of Canada, enacts as 

follows : — 

CertaiD seo- !• Sections seven, eight and ten and sections eighteen to 
tioua repeal- twenty-five, both inclusive, of the Act cited in the preamble 
are hereby repealed 



Le^islatire 
Assembly, its 
powers and 
duties. 



Lepral ex- 
perts. 



Judges may 
be appointed 
as such. 



Coropensa- 
tioQ of mem- 
bers. 



2, There shall be a Legislative Assembly for the North- 
West Territories which shall have the powers and shall per- 
form the duties heretofore vested in and performed by tho 
Council of the North-West Territories, and shall be composed 
of twenty-two members elected to represent the electoral 
districts set forth in the schedule to this Act, and of legal 
experts, not exceeding three in number, appointed by the 
Governor in Council : 

2. Such legal experts shall retain their seats for the whole 
term of the Legislative Assembly in the course of which 
they are appointed ; they may take part in the debates and 
shall have the like privileges as the elected members of the 
Legislative Assembly, except that they shall not be entitled 
to vote : 

8. Any judge of the Supreme Court of the North-West 
Territories may be appointed as such legal expert and may re- 
ceive the sessional allowance hereinafter mentioned, not- 
withstanding anything contained in section forty-four of the 
Act above cited : 

4. In each session of the Legislative Assembly there shall 
be allowed to each member attending such session the sum 
of five hundred dollars, and to each legal expert likewise 
attending the same two hundred and fifty dollars, together 
with his actual travelling ezpensesi payable out of the Con- 

110 solidated 

Digitized by CjOOQIC 



18^8. North' West Territories Art amended. Chap. 19. 2 

solidated Revenue Fund of Canada ; but such sessional 
allowance shall be subject to a proportionate reduction for 
any days on which any such member or legal expert does 
not attend a sitting of the Ijegislative Assembly during the 
session thereof ; and the amount of such reduction and also 
of the Iravelling expenses above mentioned shall be asceT- 
tained in such manner as the Governor in Council prescribes. 

S* Every Legislative Assembly shall continue for three Duration of 
years from the date of the return of the writs for choosing ^*^™^*y- 
the same and no longer ; and the first session thereof shall 
be called at such time as the Lieutenant Governor appoints. 

4. There shall be a session of the Legislative Assembly Limit of time 
at least once in every year, so that twelve months shall not ^^ session. 
inten^ene between the last sitting of the Assembly in one 

session and its first sitting in another session ; and such 
Assembly shall sit separately from the Lieutenant Governor, Proceedings 
and shall present Bills passed by it to the Lieutenant Gov- ^^ ' ^* 
emoT for his assent, who may approve or reserve the same 
for the assent of the Governor General. 

5. Until the Legislature of the North- West Territories Proceedings 
otherwise provides, as it may do, the law in force therein at ** ® actions. 
the time of the passing of this Act relating to the election 

of members of the Council of the North- West Territories 
shall, subject to the provisions of this Act, apply to the 
election of members of the Lt^gislative Assembly. 

6. The Lieutenant Governor shall, when occasion requires, issue of writs. 
cause writs to be issued by the Clerk of the Legislative 
Assembly, in such form and addressed to such returning 

officers as he thinks fit. 

T. The persons qualified to vote at an election for the who may 
Legislative Assembly, shall be the male British subjects, ^^*®* 
by birth or naturalization (other than unenfranchised 
Indians), who have attained the full age of twenty-one 
years, who have resided in the North-West Territories for 
at least the twelvemonths, and in the electoral district for at 
least the three months, respectively, immediately preceding 
the time of voting. 

^. Any British subject by birth or naturalization shall be who eligible 
eligible for nomination and election. fore ection. 

2. No nomination at any election shall be valid and Deposit at 
acted upon unless at or before the time of nomination a "o™'"*^*^"- 
sum of one hundred dollars is deposited in the hands of the 
Returning Officer ; and the receipt of the Returning Officer 
shall in every case, be sufficient evidence of the payment 
herein mentioned : 

111 

Digitized by ^ 



/Google 



8 Chap. 19. North' West Territories Act amended. 51 ViOT. 

How applied. 3. The sum so deposited shall be returned to the person 
by whom the deposit was made in the event of the candi- 
date, by or on whose behalf it was so deposited, being 
elected or of his obtaining^ a number of votes at least equal 
to one-half the number of votes polled in favor of the can- 
didate elected, — otherwise it shall belong to Her Majesty 
for the public uses of the Territories ; and the sum so paid 
and not returned as herein provided, shall be applied by 
the returniug officer towards the payment of the election 
expenses, and an account thereof shall be rendered by him 
to the Lieutenant Governor. 



Oath to be O.. Elecrted members of the Legislative Assembly shall 

membe^rs. *^^ke and subscribe, bei'ore the Lieutenant Governor, or 
before such person as is designated by the Governor in 
Council, the following oath of allegiance : — 

** I, A. B., do swear that I will be faithful and bear true 
allegiance to Her Majesty, her heirs and successors." 

10. A majority of the members of the Legislative Assem- 
bly, including the members appointed by the Governor in 
Council, shall form a quorum for the transaction of business. 

11. The Leoislative Assembly, on its first assembling 
after a general election, shall proccn^d with all practicable 
speed to elect one of its el(M-ted members to be Speaker: 

2. In case of a vacancy happening in the office of Speaker, 
by death, resiguationorotherwise, the Legislative Assembly 
shall proceed, with all practicable speed, to elert another of 
its elected members to be Speaker : 

3. The Speaker shall preside at all meetings of the Legis- 
lative Assembly: 

4. Until the Legislative Assembly otherwise provides, in 
case of the a})sence for any reason of the Speaker from the 
chair of the Assembly for forty-eight consecutive hours, the 
Assembly may elect another of its members to act as 
Speaker, and the member so ele<*ted shall, during the con- 
tinuance of such absence of the Speaker, have and execute 
all the powers, privileges and duties of Speaker. 

12. Questions arising in the Legislative Assembly shall 
be decided by a majjority of voices other than that of the 
Speaker, and when the voices are equal, but not otherwise, 
the Speaker shall have a vote. 

Adrisory 18* The Lieutenant Governor shall select from among the 

ap^poin\ed*^ ^® elected members of the Legislative Assembly four persons 
to act as an advisory council on matters of finance, who 
shall severally hold office during pleasure ; and the Lieuten- 
ant GoA''ernor shall preside at all sittings of such advisory 
council and have a right to vote as a member thereof, and 
shall also have a casting vote in case of a tie. 

112 Digitized by CjOC !*• 



<Juorum. 



Election of 
Speaker. 



Vacancy in 
office of 
Speaker. 



Speaker to 
preside. 

Case of ab- 
sence provid- 
ed for. 



Majority to 
decide. 



1888. North' West Territories Act amended. Chap. 1!). 4 

14« The Legislative Assembly shall not adopt or pass any Monev rotes 
Tote, resolution, address or bill for the appropriation of any commendVdr 
part of the public revenue, or of any tax or impost, to an^ 
purpose that has not been first recommended to the Assem- 
bly by message of the Lieutenant Grovernor in the session 
in -which such vote, resolution, address or bill is proposed. 

15. The Speaker of the Legislative Assembly shall receive Salary of 
a salary of five hundred dollars per annum, payable out of^^^**^®''' 
the Consolidated Revenue Fund of Canada. 

16. The Governor in Council may appoint a Clerk of the cierk of As- 
Legislative Assembly, who shall act as and perform the J^ea^Jnd*^ 
duties of secretary to the Lieutenant Governor, and v\rho salary. 
shall take before the Lieutenant Governor the oath of alle- 
giance, and such oath of office as the Governor in Council 
I)rescribe8, and who shall receive a salary of two thousaud 
dollars per annum ; and such salary shall be paid out of the 
Consolidated Revenue Fund of Canada. 

IT. So much of section one hundred and six of the Act Section i06 of 
hereby amended as provides for the payment of any sum to ^^* amended, 
the members or to the clerk of the Council of the North-West 
Territories is hereby repealed. 

18. Section ninety-four of the Act hereinbefore cited is Section 94 
hereby amended by adding the following sub-section there- *™ended. 
to:— 

2. Every vehicle on which any such intoxicating liquor Vehiciea Con- 
or intoxicant is imported or conveyed into or through or J^Yy^^d *^^^^' 
over any portion of the Territories, contrary to the provi- seized. 
sioBS of this Act, shall, together with the horses or other 
cattle employed in drawing any such vehicle as aforesaid, 
be forfeited to Her Majesty and maybe seized and dealt with 
accordingly. 

!•• This Act shall be construed as one Act with the Act Constnictioa^ 
hereby amended. 



SCHEDULE. 

1. The electoral district of Moosomin shall consist of that Mooaomin* 
portion of the provisional district of Assiniboia bounded 
on the east by the western boundary of the Province of 
Manitoba, on the north by the sixth base line, being the 
line between townships twenty and twenty-one in the 
Dominion lands system of survey, on the south by the 
line between townships nine and ten, and on the west by 
the second initial meridian in the Dominion lands system 
of survey ; and such electoral district shall return one mem- 
ber. 

VOL. 1—8 113 ^. T 

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Chap. 19 North' West Territories Act amended, 61 ViCT^ 



Wallace. 



Whitewood. 



Souris. 



Wolaeley. 



SouthQu'Ap- 
pelle. 



2. The electoral district of Wallace shall consist of that por- 
tion of the provisional district of Assiniboia bounded on the 
east by the western boundary of the Province of Manitoba, 
on the north by the ninth correction line, in the Dominion 
lands system of survev, being the northern boundary of the 
provisional district of Assiniboia, on the south by the line 
between townships twenty and twenty-one, being the 
sixth baseline, and on the west by the line between ranges 
seven and eight, west of the second initial meridian in the 
Dominion lands system of survey ; and such electoral district 
shall retiim one member. 

3. The electoral district of Whitewood shall consist of that 
portion of the provisional district of Assiniboia bounded on 
the north by the sixth base line, on the south by the line 
between townships nine and ten, on the east by the second 
initial meridian, and on the west by the line between ranges 
six and seven, all west of the second initial meridian in the 
Dominion lands system of survey ; and such electoral dis- 
trict shall return one member. 

4. The electoral district of Souris shall consist of that por- 
tion of the provisional district of Assiniboia bounded on the 
south by the forty-ninth parallel of latitude, being the inter- 
national boundary line, on the east by the western bound- 
ary of the Province of Manitoba, on the west by the line 
between ranges ten and eleven, and on the north by the 
line between townships nine and ten, all west of the second 
initial meridian in the Dominion lands system of survey ; 
and such electoral district shall return one member. 

5. The electoral district of Wolseley shall consist of the 
territory bounded as follows : — Commencing at the point 
where the line between townships nine and ten is intersect- 
ed by the line between ranges six and seven in the Dominion 
lands system of survey, thence due north along the line 
between ranges six and seven to its intersection with the 
sixth base line, thence due west following the sixth 
base line to its intersection with the line between rsjiges 
seven and eight, thence due north along the line between 
ranges seven and eight to its intersection with the northern 
boundary of the provisional district of Assiniboia, being the 
ninth correction line in the Dominion lands system of sur- 
vey, thence due west along the said ninth correction line 
to its intersection with the line between ranges ten and 
eleven, thenc^e due south along the line between ranges 
ten and eleven to its intersection with the line forming the 
north boundary of township nine, in the Dominion lands 
system of survey, thence due east following the north boun- 
dary of the said township nine to the place of beginning, 
being the line between ranges six and seven, west of the 
second initial meridian in the Dominion lands system of 
survey ; and such electoral district shall return one member. 

6. The ele(*toral district of South Qu'Appelle shall consist 
of that portion of the provisional district of Assiniboia 

114 ^ bounded 

Digitized by VjOC 



1888. North' West Territories Act amended. Chap. 19. 6 

'bounded on the south by the international boundary line, 
on the east by the line between ranges ten and eleren, on 
the north by the line between townships nineteen and 
twenty, and on the west by the line between ranges six- 
teen and seventeen, all west of the second initial meridian 
in the Dominion lands system of surrey ; and such electoral 
district shall return one member. 

7. The electoral district of North Qu'Appelle shall consist North Qu'Ap- 
of that i)ortion of the provisional district of Assiniboia P®"®' 
bounded on the south by the line between townships nine- 
teen and twenty, on the east by the line between ranges ten 

and eleven, on the north by the ninth correction line, being 
the northern boundary of the provisional district of Assini- 
boia, and on the west by the line between ranges sixteen 
and seventeen, all west of the second initial meridian in 
the Dominion lands system of survey ; and such electoral 
district shall return one member. 

8. The electoral district of North Regina shall consist of North Reginft. 
that portion of the provisional district of Assiniboia 
bounded on the east by the line between ranges sixteen 

and seventeen, on the south by a line drawn through the 
centre of the track of the main line of the Canadian racific 
Railway, on the north by the ninth correction line, being 
the northern boundary of the provisional district of 
Assiniboia, and on the west by the line between ranges 
twenty-three and twenty-four, all west of the second initial 
meridian in the Dominion lands system of survey ; and 
such electoral district shall return one member. 

9. The electoral district of South Regina shall consist of South Regina. 
that portion of the provisional district of Assiniboia 
bounded on the south by the forty-ninth parallel of latitude 

or the international boundary line, on the east by the line 
betw^een ranges sixteen and seventeen, on the north by a 
line drawn through the centre of the track of the main iine 
of the Canadian Pacific Railway, and on the west by the 
line between ranges twenty-three and twenty-four, all west 
of the second initial meridian in the Dominion lands system 
of survey ; and such electoral district shall return one 
member. 

10. The electoral district of Moose Jaw shall consist of that Moose Jaw. 
portion of the provisional district of Assiniboia bounded on 

the east by the line between ranges twenty-three and 
twenty-four, west of the second initial meridian, on the 
west by the line between ranges six and seven, west of the 
third initial meridian, on the south by the international 
boundary line or forty-ninth parallel of latitude, and on the 
north by the ninth correction line, all in the Dominion 
lands system of survey ; and such electoral district shall 
return one member. 

11. The electoral district of Medicine Hat shall consist of Medicine Hat. 
that portion of the provisional district of Assiniboia lying to 

the west of the line between ranges six and seven, west of 

VOL. I— 8J 115 ^ A^c^c\ci\c> 

^ Digitized by VjjOO vie 



Chap. 19. North-West Territories Act amended. 51 ViCT. 



McLeod. 



Calgary. 



Red Deer. 



Bdmonton. 



Battleford. 



Prince 
Albert. 



the third initial meridian in the Dominion lands system of 
survey ; and such electoral district shall return one member 

12. The electoral district of McLeod shall consist of that 
portion of the provisional district of Alberta bounded on 
the east by the western boundary of the provisional dis- 
trict of Assiniboia, on the west by the eastern boundary of 
the Province of British Columbia, on the south by the 
international boundary line, and on the north by the 
fifth base line in the Dominion lands system of survey ; and 
such electoral district shall return one member. 

13. The electoral district of Calgary shall consist of that 
portion of the provisional district of Alberta bounded on the 
south by the fifth base line, and on the north, commencing 
at the point where the eastern boundary of the district of 
Alberta intersects the seventh correction line, being the 
northern boundary of township twenty-six, range eleven, 
west of the fourth meridian, in the Dominion lands system 
of survey, thence due west along the seventh correction line 
to its intersection with the line between ranges four and 
five, west o£ the fifth meridian, thence south along the 
line between ranges four and five, west of the fifth meri- 
dian, to its intersection with the line between townships 
twenty- three and twenty-four, thence following the line be- 
tween townships twenty-three and twenty-four due west to 
the western boundary of the provisional district of Alberta ; 
and such electoral district shall return two members. 

14. The electoral district of Red Deer shall consist of that 
portion of the provisional district of Alberta bounded on 
the south by the electoral district of Calgary before de- 
scribed, and on the north by the twelfth correction line, in 
the Dominion lands system of survey ; and such electoral 
district shall return one member. 

15. The electoral district of Edmonton shall consist of that 
portion of the provisional district of Alberta bounded on 
the north by the northern boundary of the said provisional 
district, ana on the south by the twelfth correction line in 
the Dominion lands system of survey ; and such electoral 
district shall return two members. 

16. The electoral district of Battleford shall consist of that 
portion of the provisional district of Saskatchewan lying 
west of the line between ranges eleven and twelve, west of 
the third meridian in the Dominion lands system of 
survey ; and such electoral district shall return one member. 

17. The electoral district of Prince Albert shall consist of 
that portion of the provisional district of Saskatchewan 
bounded on the west by the line between ranges eleven 
and twelve, west of the third initial meridian in the 
Dominion lands system of survey, on the north by the 
northern boundary of the provisional district of Saskatche- 
wan, and on the south by a line described as follows: 
commencing at the point where the north boundary of town- 
ship forty-seven intersects the line between ranges eleven 

116 Digitized by Vl^ aud 



18S8 Nor Ih 'West Terrifories Art amendeiL Chap. 19. 

and twelve west of the third meridian, thence due east fol- 
lownng the north boundary ol' township forty-seven to its 
intersection with the lino between ranges one and two, west 
of the third initial meridian, thence following a line drawn 
easterly to the point where the north boundary of township 
forty-seven, range twenty- three, west of the second initial 
meridian intersects the line between ranges twenty-three 
and twenty-four, west of the second initial meridian, thence 
due east following the northern boundary of township forty- 
seven, to its intersection with the eastern boundary of the 
provisional district of Saskatchewan ; and such electoral 
district shall Return two members. 

18. The electoral district of Batoche shall consist of that por- Batoche. 
tion of the provisional district of Saskatchewan lying to the 
south of the line between townships forty-seven and forty- 
eight and bounded on the west by the line between ranges 
eleven and twelve, west of the third initial meridian, and 

on the east by the third initial meridian in the Dominion 
lands system of survey ; and such electoral district shall re- 
turn one member. 

19. The electoral district of Kinistino shall consist of all Kiniatino. 
that portion of the provisional district of Saskatchewan 
lying to the east of the third initial meridian in the Dom- 
inion lands system of survey, and bounded on the north by 

the southern boundary of the electoral district of Prince 
Albert before described; and such electoral district shall 
return one member. 



OTTAWA : Printed by Brown Chambbrlis, Law Printer to the Quecn'a Moat 
Excellent Majesty. 



117 CHAP. 

Digitized byCjOOQlC 



51 VICTORIA. 



CHAP. 20. 



Preamble. 



An Act further to aiiieud Chapter fifty-one of the Re- 
vised Statutes of Canada, ^' The Territories Real 
Property Act." 

[Assented io 22nd Ma?/, 18:^8.] 

WHEREAS it is expedient further to amend chapter 
fifty-one of the Revised Statutes of Canada, respect- 
ing real property in the Territories : Therefore Her ]\iajesty, 
by and with the advice and consent of the Senate and 
House of Commons of Canada, declares and enacts as fol- 
lows : — 



Interpreta- 
tion. 



!• In this Act the expression " the said Act " means ''The 
Territories Real Property Act,'' chapter fifty-one of the Re- 
vised Statutes. 



Section 3 
amended. 



« Land." 



2» The paragraph lettered (a.) of section three of the said 
Act is hereby repealed and the following substituted there- 
for :— 

** (a.) The expression " land " means lands, messuages, 
tenements and hereditaments, corporeal and incorporeal, 
of every nature and description, whatever the estate or 
interest therein is, and whether such estate or interest is 
legal or equitable, together with all paths, passages, ways, 
water courses, liberties, privileges, easements, mines, miner- 
als and quarries appertaining thereto, and all trees and timber 
thereon and thereunder lying or being, unless any such are 
specially excepted." 

Section 5 re- 3^ Section five of the said Act is hereby repealed, and the 

wSion.' °^'' lollowing substituted therefor :— 

Descent of " 5. Land in the Territories shall go to the personal repre- 

sentatives of the deceased owner thereof in the same manner 
as personal estate now goes." 



land. 



Application 4. It is hereby declared that sections five to seventeen of 

to •*^o'*8 5 the said Act, both inclusive, were intended to extend and the 

provisions of the said sections shall be held to haverextended 

118 Digitized byV. ^^ 



1888. Territories Real Property Act amended. Chap. 20, 2 

from the date upon which the said Act came into force to 
all land in the Territories and to every estate and interest 
therein. 

«5. The Governor in Council may, from time to time, J^^g^^.^^'^^^ 
appoint an Inspector of Land Titles Offices, whose duty offices, 
shall be, under instructions from the Minister of the Interior, 
to inspect the books and records of the several Land Titles 
Offices, and to perform such other duties as are directed by 
the Minister of the Interior to be done from time to time ; 
and the said Inspector may, in the discretion of such Min- 
ister, be directed to perform any duty which any Registrar 
is empowered by the said Act to perform ; but no person His quaiifica- 
shall be appointed Inspector of Land Titles Offices unless ^^^°' 
he is a barrister or advocate of at least three years standing 
in one of the Provinces or Territories of Canada. 

B. Section twenty-four of the said Act is hereby repealed Section 24 re- 
and the following substituted therefor : — section! "^^ 

" 24. The salaries of the Inspector of Land Titles Offices, Salaries. 
and of registrars, deputy registrars, and other necessary 
officers, and such incidental expenses of carrying this Act 
into effijct as are sanctioned by the Governor in Council, 
shall be paid out of moneys provided by Parliament for that 
purpose." 

T. Section twenty-five of the said Act is hereby repealed Section 25 re- 
und the following substituted therefor : — Sactfon. ^"^^ 

'*35. Every Inspector of Land Titles Offices, registrar and Oath of office. 
•deputy registrar, before he enters upon the execution of his 
office, shall take, before some judge or stipendiary magistrate 
in the Territories the oath of office in the form A in the 
schedule to this Act." 

^. Section thirty-eight of the said Act is hereby repealed ^^^^l. ^^^ 
and the following substituted therefor : — Motion' °*^ 

" 218. The registrar shall keep a book or books, which Register to be 
shall be called " The Register," and shall enter therein tam^nuies^^ 
•duplicates of all certificates of titles, to be issued as herein- made therein, 
after provided for ; and each certificate of title shall consti- 
tute a separate folio of such book, and the registrar shall 
record therein the particulars of all instruments, dealings 
and other matters by this Act required to be registered or 
entered in the register, and alFecting the land included under 
such certificate of title." 

9. Section forty-four of the said Act is hereby repealed ^^^J^^^. ^^^'^ 
and the following substituted therefor : — section! 

" 44. Whenever any land is granted in the Territories by Resristratioa 
the Crown, the letters patent therefor, when issued, shall patcnt!'^^ 
be forwarded from the office whence the same are issued to 
the registrar of the registration district in which the Lwd , 

1 19 Digitized by V^:^OQlC 



B Chap. 20. Territories Real Properly Act amended, 61 ViCT. 

so granted is situated, and the registrar shall retain the 
letters patent in his office and bind the same ; and a certifi- 
cate of title, with any necessary qualifications, shall be 
granted to the patentee : 
Certificate of " 2. Such Certificate shall be issued to the patentee free 
cha^rgp?^ °^ of all the fees and charges herein provided to be paid, if at 
the time of the issue of such certificate there are no regis- 
tered encumbrances affecting such land : 
Notification *' 3. The notification to the Hudson's Bay Company by 
Bay Com-^ the Minister of the Interior, under the provisions of sub- 
pany, how section scvcu of scction twenty-two of * TJie Dominion Lands 
regi\\rar'^ ^^ ^^^^ ^^ ^^ survey and confirmation of the survey of any 
township or part of a township, shall be accepted by the 
registrar as equivalent to, and dealt with by him in all re- 
spects in the same manner as if the said notification were 
letters patent in favor of the said company, granting ta 
the said company in fee simple the sections or three-quar- 
ter parts of sections to which they are entitled in such 
to^vnship8 or parts of townships under the provisions of 
' The Dominion Lands Act : ' 
Filing and ** 4. Any such notifications which have already been 

no\"ficat?oa .^'^ issued may be filed by the Company with the registrar of 
the district within which the lands affected thereby are 
situated, and, for the future, such notifications shall be issued 
in duplicate, one to be sent to the said Company and oneto- 
the registrar of the proper district : 
^^he case of "5. A notification to the registrar from the Minister of 
Pacificand the Interior, that the lands described therein have been 
other railway granted to the Canadian Pacific Railway Company or to any 
^^ ^' railway company entitled to Dominion Lands under the 

authority of an Act of the Parliament of Canada, shall be 
accepted by the registrar, and dealt with by him in all re- 
spects as if the same were letters patent in favor of such 
What the company; the notification shall state whether the grant 
BhaiispecSy. be in fee simple or for years, and shall also specify any 
mines, minerals, rights or easements which are excepted 
from the grant." 

Section 45 1 0. Scction fort y-five of the said Act is hereby amended by 

^^^"^ ^ ■ adding thereto the following sub-section : — 

ma***\S^^ 2. If, at the time of the issue of the certificate of title. 

Slaved. there are no registered encumbrances or conveyances aflTect- 

ing such land, the certificate may be issued to the patentee 

upon the payment of such fees as are fixed in that behalf by 

tariff" made from time to time by the Grovernor in Council ; 

Exception, but uo fees shall be payable therefor under the provisions of 

subsection two of section one hundred and thirty-three of 

this Act. 



furuier ^ ^^^ Sectiou forty-six of the said Act is hereby further 

amended. amended by adding the following paragraph thereto after 

the paragraph lettered (c.) 

120 

Digitized by ^ 



,GoogI^> 



1888. Territories Real Property Act amended. Chap, 20. 4 

(d.) A certificate from the treasurer of the raiiuicipality Proof of pay- 
wherein the lands lie, or other proper officer, showing that, Spai chf^ges^ 
at the date of the filing of the application, such lands are not 
chargeable with any arrears of municipal charges, rates or 
assessments. 

12« Section forty-seven of the said Act is hereby amended Section 47 
by adding the following sub-sections thereto : — *™^ 

2. If there is any mortgage or encumbrance oiitstanding ^?®?*^[^*^°^f 
against the land at the date of the said application, the filing gage with re- 
with the registrar of the original mortgage or instrument ^^ll^l^^^^ 
creating the encumbrance, or a copy thereof having indorsed on. 
thereon or attached thereto a receipt or acknowledgment 

of the amount thereby secured, signed by the mortgagee or 
encumbrancee and proved by the afl5.davit of an attesting 
witness, shall operate as a discharge of such mortgage or 
encumbrance, and as a reconveyance of the land to the mort- 
gagor or encumbrancer or the person claiming the land 
through such mortgagor or encumbrancer. 

3. Such receipt or acknowlt^dgment may be in the form ^^"^^ ^^ 
M. 1, appended to this Act. '^^^*^ " 

13. Section fifty-six of the said Act is hereby repealed and Section 56 
the following substituted therefor : — Mw*section. 

" 56. Every registered owner or mortgagee of any land Owner or 
or interest therein shall deliver to the registrar a memoran- ^;ve*poft^ *^ 
dum in writing of some post office address within the Terri- office address 
tories, to which it shall be sufficient to mail all notices that for^certScate. 
under this Act are required to be sent to such registered 
owner or mortgagee and every registered owner and mort- 
gagee shall, from time to time, in like manner, notify the 
registrar of any change in his post office address ; and 
every registered owner or transferee of any registered 
interest shall, if required by the registrar so to do, before the 
delivery of any certificate of title, sign a receipt therefor in 
his own handwriting, or otherwise furnish the registrar 
with his signature, so as to prevent personation as far as 
possible : Provided, that the registrar may proceed without Proviso, 
such memorandum of address." 

14. Section sixty-eight of the said Act is hereby amended ^^^e^^ed^ 
by striking out all the words after the word '* transfer " in 

the fifth line thereof, down to and including the word 
*' transfer " in the seventh line thereof 

15. Section eighty-two of the said Act is hereby repealed ^^^\^^^. ^^ J^* 
and the following substituted therefor : — section! °*^ 

" »2. Upon the production of any memorandum of mort- Registration 
gage or encumbrance, having indorsed thereon or attached of mortgage, 
thereto a receipt or acknowledgment signed by the mort- &c. 
gagee or encumbrancee, and proved by the affidavit of an 
attesting witness, discharging the land specified or any part 

^21 Digitized by @OOgIe 



Chap. 20. Territories Real Property Act amended. 51 ViCT. 



Entry by re- 
gistrar. 



Effect of 
■entry. 



Section 94 re- 
pealed ; new 
section. 
Duty of 
sheriff, &c., 
receiving pro- 
cess against 
land. 



Entry by re- 
gistrar in 
such case. 

Effect of 
entry. 



Section 101 
amended. 



of the land comprised in such instrument, from the whole or 
any part of the principal sum or annuity secured thereby, or 
upon proof being made to the satisfaction of a judge of the 
payment of all moneys due on any mortgage or encum- 
brance and the production to the registrar of a certificate 
signed by the judge to that effect, the registrar shall there- 
upon mate an entry in the register, noting that such mort- 
gage or encumbrance is discharged, wholly or partially, or 
that part of the land is discharged, as aforesaid, as the case 
requires ; and upon such entry being so made, the land, or 
the estate or interest in the land, or the portion of the land 
mentioned or referred to in such indorsement as aforesaid, 
shall cease to be subject to or liable for such principal sum 
or annuity, or, as the case may be, for the part thereof noted 
in such entry as discharged." 

IB. Section ninety-four of the said Act is hereby repealed 
and the following substituted therefor : — 

^*»4. Every sheriff or other officer charged with the 
execution thereof, shall, after the delivery to him of any 
■ writ or process affecting land, or lien, mortgage or encum- 
brance, or other interest therein, deliver a copy of every 
such writ or process so in his hands or that may thereafter 
be delivered to him, certified under his hand, together with 
a memorandum in writing of the lands intended to be 
charged thereby, to the registrar within whose district such 
lands are situate, and no land shall be bound by any such 
writ or other process, until such copy and memorandum 
have been so delivered ; and the registrar shall thereupon, if 
the title has been registered, or so soon as the title has been 
registered under the provisions of this Act, enter a memo- 
randum thereof in the register ; and from and after the 
delivery of a copy of any such writ or other process and 
memorandum to the registrar, the same shall operate as a 
caveat against the transfer by the owner of the land 
mentioned in such memorandum, or of any interest he has 
therein ; and no transfer shall be made by nim of such land 
or interest therein except subject to such writ or other 
process." 

17. Section one hundred and one of the said Act is hereby 
amended by striking out the words *' instruments under the 
seal of any corporation " in the third and fourth lines of the 
said section. 



Section 102 
amended. 



As to instru- 
ments execut- 
•ed out of 
Territories. 



1^. The first paragraph of section one hundred and two 
of the said Act is hereby repealed and the following 
substituted therefor :— 

" 102. Instruments requiring to be registered under the 
provisions of this Act, executed without the limits of the 
Territories, other than the instruments excepted under the 
provisions of the next preceding section, shall b©-witne8sed 



122 



Digitized by VjOC jw 



1888. Territories Real Property Act amended. Chap. 20. 6 

by some person who can write, and who shall make an 
affidavit in the form E. in the schedule to this Act before 
one of the following persons : — " 

Itl. Section one hundred and twenty of the said Act is Section 120 
hereby repealed and the following substituted therefor : — new^ection. 

''1J50. Any owner subdividing land for the purpose of Map to be filed 
selling the same in allotments, as a town plot, shall deposit dfv?ding'^'* 
with the registrar a map of such town plot, — which map land- 
shall be on a scale of not less than one inch to four chains, 
and shall show the number of the section, township and What the 
range, or the number of the river lot, or the name of the "^^^J^^^*** 
district or reservation, as the case may be, in which the 
land lies ; also the number of the meridian west of which 
the said range, river lot, district or reservation is situated, 
as well as all boundary lines of the section or sections, river 
lot, district or reservation, within the limits of the land 
shown on the said map , and shall also exhibit distinctly 
all roads, streets, passages, thoroughfares, squares or reser- 
vations, appropriated or set apart for public use, with the 
courses and widths thereof respectively, the length and 
width of all lots, and the courses of all division lines 
between the respective lots within the same ; and such lots 
shall be marked with distinct numbers or symbols ; and 
such map shall further show the courses of all streams 'or 
waters within the limits of the land included in such map ; 
and every such map shall be signed by the owner or his Map to be 
agent, and certified, in the form T in the schedule to this Act ^^^J^l^*^* 
by a Dominion land surveyor, under and in accordance 
with the provisions of sections one hundred and one and 
one hundred and two of this Act.'' 

20« Section one hundred and thirty-three of the said Act Section 133 
is hereby repealed and the following substituted there- new*se^ction. 
for:— 

" 133. The Grovernor in Council may, from time to time. Governor in 
settle by tariff the fees to be paid under the provisions of estabUsh fees. 
this Act, or in connection therewith : 

*' 2. Except as herein otherwise provided, there shall be ^^^*^**°*| 
paid, together with the fees under this Act which are, from of^reaf pro-"* 
time to time, fixed by the Grovernor in Council, one-fifth perty. 
of one per cent, oa the value of the real property registered, 
if such value amcmnts to or is less than five thousand dol- 
lars, and one-tenth of one per cent, on the additional value, 
when such value exceeds five thousand dollars : 

"3. The value shall be ascertained by the oath or ^^^][*^^°5J* 
solemn affirmation of the applicant, owner or person tained. 
acquiring such land ; and if the registrar is not satisfied 
as to the correctness of the value so affirmed or sworn to, 
he may require such applicant, owner or person acquiring 
such land to produce a certificate of such value, under the 
hand of a sworn valuator, appointed by a judge, — which cer- 

123 tificate OOgle 



Chap. 20. Territories Real Property Act amended, 51 ViCT. 



Substituted 
Beciion 138 
repealed ; 
new section. 



Appeal. 

Composition 
of Court of 
Appeal. 



Sittings. 



Powers to 
make rules 



Judi^ent 
final. 



lifioate shall be received as conclusive evidence of such 
value for the purpose aforesaid." 

21* The section substituted for section one hundred and 
thirty-eight of the said Act by section six of the Act passed 
in the session held in the fiftieth and fifty-first years of Her 
Majesty's reign, chapter thirty, is hereby repealed and the 
following substituted therefor : — 

'' \^H. Any person who feels aggrieved by any judgment 
or decision of the court or judge and also the Inspector of 
Land Titles Offices and any Registrar or Deputy ll(»gistrar, 
may appeal from any judgment or decision to the Court of 
Appeal ; and for the purposes of this Act the several judges 
of the Supreme Court of the North-West Territories sitting 
together are hereby constituted the Court of Appeal, and a 
majority of such judges shall form a quorum. Such Court 
of Appeal shall be presided over by the senior judge present, 
and shall sit at least once in each year at the seat of govern- 
ment of the North- West Territories for the purpose of hearing 
appeals from any such judgment or decision as aforesaid ; 
and such court shall have power, by rules and orders, to re- 
gulate the sittings of the court, the practice and proceedings 
on appeal and before it, including costs and payment there- 
of, and the enforcement of judgments of such court ; and 
such judgment shall be certified by the presiding judge, and 
shall be final in all cases." 



Form of certi- 
ficate of 
ownership 
may be vari- 
ed. 

50-51 V,, c. 
30, s. 7. 



Form F fur- 
ther amend- 
ed. 



22. The Governor in Council may, from time to time, 
vary the form of the certificate of ownership provided for 
by section seven of the Act passed in the session held in 
the fiftieth and fifty-first years of Her Majesty's reign, 
chapter thirty, and provide that the same shall spe(da3ly 
mention any subsisting reservations contained in the origi- 
nal grant from the Crown. 

23. The form F in the schedule to the said Act as amend- 
ed by the Act passed in the session held in the fiftieth and 
fifty-first years of Iler Majesty's reign, chapter thirty, is 
hereby amended by striking out the word " declaration " in 
the last line but one, and substituting the word " certificate " 
therefor. 



amln^ded- ^^* "^^^^ Schedule to the said Act is hereby amended by 

forms added, adding the following forms thereto: — 

''FOKMMl. 



Receipt or acknowledgement of payment of morf<^a^e or other 

encumbrance. 

"I, C. D., the mortgagee, (encumbrancee or assignee as the 
case may be) do acknowledge to have received all the moneys 

124 ^ djie 

Digitized by CjOOQIC 



1888. Territories Real Property Act amended. Chap. 20. 

due or to become due under the within written mortgage 
(or encumbrance, a$ the case viay he) and that the same is 
wholly discharged. 

*' In witness whereof I have hereunto subscribed my name 
this day of , 18 . 

*' Signed by the above named CD., i 

this day of > (Signature) 

A.D., 18 , in the presence of ) 



" FORM T. 

I, Dominion Land Surveyor, do 

solemnly declare that this plan accurately shows the manner 
in which the land included therein has been surveyed and 
subdivided by me, and that the said plan is prepared in ac- 
cordance with the provisions of ** The Territories Real Pro- 
perty Act^'^ chapter fifty-one of the Revised Statutes of 
Canada. 

Dated at 18 

A. B. 
Dominion Land Surveyor^ 



OT'TAWA : Printed hj Browh Ghambkrlin, Lew Printer to the Queen'g Most 

Excellent Majestj. 



125 Di,.ized9,^CM0gIe 




51 VICTORIA. 



CHAP. 21. 



An Act further to amend " The Dominion Lands Act." 



[Assented to 22nd May, 1888.] 

Preamble TITHERE AS a fund is in course of being raised to enable 

f V a scheme to be inauffurated for the colonization of 

croftcis }md cotters from the West Highlands and islands 

of SooUjmd, in Canada; and whereas it is proposed to 

Boardforad- establish a board for the administration of such fund, 
consisting of commissioners representing the private sub- 
scribers to the said fund and any land company which 
may co-operate in and give its assistance to the said 
scheme : Therefore Her Majesty, by and with the advice 
and consent of the Senate and House of (Commons of 
Canada, enacts as follows : — 



ministration 
of coIonizaF 
lion fand. 



Board vested 
with certain 
powers. 



!• The board constituted in the manner and for the pur- 
poses set forth in the preamble to this Act shall be vested 
with all the powers conferred upon persons or companies by 
section forty- four of chapter fifty- four of the Revised Statutes 
of Canada, as amended by the Act passed in the session 
held in the fiftieth and fifty-first years of Her Majesty's reign 
and chaptered thirty-one, and such board and any persons 
who accept the assistance of the said board for the purpose 
of placing themselves on homestead lands shall be subject 
to all the provisions of the said before cited section as so 
amended. 



OTTAWA : Printed by Brown Chambkrliv, Law Printer to the Queen's Most 
Excellent Majesty 



120 



CHAP 

Digitized by VjOOQIC 




51 VICTORIA. 



CHAR 22. 

An Act further to amend " The Indian Act/' Chapter 
forty-three of the Revised Statutes. 

[Asser^ted to 22nd ilfaiyri888.] 

TTER Majesty, by and with the advice and consent of preamble. 
■*-*- the Senate and House of Commons of Canada, enacts 
as follows : — 

!• Sub-section one of section thirteen of ''The Indian OecHon n of 
Act'' is hereby repealed and the following substiiuted ^jj^^jj^-j^^; *^ 
therefor : — 

" 18* No half-breed in Manitoba who has shared in the Ag to half 
distribution of half-breed lands shall be accounted an JjJfnHoba and 
Indian ; and no half-breed head of a family, except th(^ elsewhere. 
widow of an Indian or a half-breed who has already been 
admitted into a treaty, shall, unless under very special cir- 
cumstances, which snail be determined by the Superinten- 
dent General or his agent, be accounted an Indian or 
entitled to be admitted into any Indian treaty ; and any withdrawal 
half-breed who has been admitted into a treaty shall, on from treatj. 
obtaining the consent in writing of the Indian Commissioner 
or in his absence the Assistant Indian Commissioner, be 
allowed to withdraw therefrom on signifying in writing his 
desire so to do, — which signification in writing shall be 
signed by him in the presence of two witnesses, who shall 
certify the same on oath before some person authorized by 
law to administer the same ; and such withdrawal shall 
include the minor unmarried children of such half-breed." 

*• Section forty-three of the said Act is hereby amended Section 43 
by adding the following sub-sections thereto : — amended. 

** 4. Whenever the proper municipal officer having, by the Con^erance 
law of the Province in which the land afiected is situate, f^^texes^ 
authority to make or execute deeds or conveyances of lands 
sold for taxes, makes or executes any deed or conveyance 
purporting to convey any land, or portion of land, the fee 
of which is vested in the Crown or any person in trust for 
or for the use of any Indian or non-treaty Indian or band or 

] 27 irregular t 

Digitized by LjOOQIC 



Isold 



Chap. 22. 



Indian Act amended. 



61 Vict. 



Supoiinten- 
dent Qeneral 
may take ac- 
tioa. 



Effect of such 
actioa. 



Issue of 
patent. 



Time for re- 
gistration. 



irregular band of Indians or non-treaty Indians, but which 
has been surrendered under the provisions of this Act, or 
purporting to grant or convey the interest of any locatee 
or purchaser from the Crown, and sucli deed or conveyance 
recites or purports to be based upon a sale of such land 
or such interest for taxes, the Superintendent General 
may act upon and treat such deed or conveyance as 
a valid transfer of all the right and interest of the original 
locatee or purchaser from the CrowD, and of every person 
claiming under him, in or to such land to the grantee 
named in such deed or conveyance : 

**5. So soon as the Superintendent General has signified 
his approval of such deed or conveyance by endorsement 
thereon, the grantee shall be substituted in all respects, in 
relation to the land so conveyed, for the original locatee or 
purchai^r from the Crown, but no such deed or conveyance 
shall be deemed to confer upon the grantee any greater 
right or interest in the land than that possessed by the 
original locatee or purchaser from the Crown : 

" 6. The Superintendent General may cause a patent to bo 
issued to the grantee named in such deed or conveyance on 
the completion of the original conditions of the location or 
sale, unless such deed or conveyance is declared invalid by 
a court of competent jurisdiction in a suit or action institu- 
ted by some person interested in such land within two 
years of the date of such sale for taxes, and unless within 
such delay notice of such contestation has been given to 
the Superintendent General : 

" Y. Every such deed or conveyance shall be registered in 
the office of the Superintendent General within two years 
from the date of the sale for taxes ; and unless the same is 
so registered, it shall not be deemed to have preserved its 
priority, as against a purchaser in good faith from the 
original locatee or purchaser from the Crown, in virtue of 
an assignment registered in like manner previously to the 
date of the registration of the deed or conveyance based 
upon a sale for taxes as aforesaid." 



Section 77 
amended. 



BzemptioQ 
from taxation 



Eiception. 



3. Sub-section three of section seventy-seven is hereby 
repealed and the following substituted therefor : — 

" 3. All land vested in the Crown or in any person, in 
trust for or for the use of any Indian or non-treaty Indian, 
or any band or irregular band of Indians or non-treaty 
Indians, shall be exempt from taxation, except those lands 
which, having been surrendered by the bands owning them, 
though unpatented, have been located by or sold or agreed 
to be sold to any person ; and, except as against the Crown 
and any Indian located on the land, the same shall be liable 
to taxation in like manner as other lands in the same 
Rights sareii. locality ; but nothing herein contained shall interfere with 
the right of the Superintendent General to cancel the original 

128 sale 



Digiti: 



zed by Google 



1888. Indian Act amended. Chap. 22. 3 

sale or location of auy land, or shall render such land liable 

to taxation until it is again sold or located." * 

4. Section ninety-four of the said Act is hereby repealed Section 94 ro. 
and the following substituted therefor : — TecUon! ^^^ 

"94. Every one, who by himself, his clerk, servant or agent, Puniahment 
and every one who in the employment or on the premises of [ntoxiciinu°to 
another directly or indirectly on any pretence or by any de- Indiana. 
vice sells, barters, supplies or gives to any Indian or non- 
treaty Indian any intoxicant, or causes or procures the same 
to be done or attempts the same or connives thereat, 
or opens or keeps, or causes to be opened or kept on any 
reserve or special reserve, a tavern, house or building in 
which any intoxicant is sold, bartered, supplied or given, or 
who is found in possession of any intoxicant in the house, 
tent, wigwam or place of abode of any Indian or non- 
treaty Indian or of any person, or upon any other part of 
the reserve or special reserve, or who sells, barters, sup- 
plies or gives to any person on any reserve or special 
reserve any intoxicant, shall, on summary conviction before 
any judge, police magistrate, stipendiary magistrate or two 
justices of the peace or Indian agent, upon the evidence of 
one credible witness other than the informer or prosecutor 
— or in the Province of Manitoba, the Province of British 
Columbia, the North-West Territories or the District of 
Keevratin, upon the evidence of the informer alone if he is 
a credible person — be liable to imprisonment for a term not Penalties. 
exceeding six months and not less than one month, with 
or without hard labor, or to a penalty not exceeding three 
hundred dollars and not less than fifty dollars with costs of 
prosecution, or he shall be liable to both penalty and im- 
prisonment in the discretion of the convicting judge, magis- ^^P^]^^*^^* 
trate, stipendiary magistrate, justices of the peace or Indian 
agent ; and a moiety of every such penalty shall belong to 
the informer or prosecutor, and the other moiety thereof shall 
belong to Her Majesty to form part of the fund for the 
benefit of that body of Indians or non- treaty Indians with 
respect to one or more members of w^hich the offence was 
committed." 

5. The said Act is hereby amended by adding the fol- New aeotioA 
lowing section thereto : — *^^®^' 

'• 1»2. Notwithstanding anything contained in this Act, Application 
the Governor in Council may, from time to time, direct that may^Se^^^** 
any fine, penalty or forfeiture or any portion thereof which varied. 
would otherwise belong to the Crown for the public uses 
of Canada, or be paid to the Minister of Finance and 
Receiver General for the use of any band of Indians, or 
which would belong to Her Majesty to form part of the 
fund for any body of Indians or non-treaty Indians, or which 

VOL. 1—9 129 is 



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Chap. 22. Indian Act amended. 51 VlCT- 

is ordered to be disi)08ed of in any particular manner, be 
paid to any Provincial, municipal or local authority." 



OTTAWA : Printed by Brown CHAMBiRLur, Law Printer to the Queen's Most 
Excellent Majesty. 



180 CHAP. 

Digitized byCjOOQlC 



51 VICTORIA. 



CHAP. 23. 

An Act to amend the Ke vised Statutes of Canada, chapter 
ninety-seven, respecting Ferries. 

[Assented to 22nd May, 1888.] 

WHEREAS it is expedient to make further provision, as Preamble, 
hereinafter set forth, respecting the licensing and ^•®-^» *• ^''• 
control of ferries to which chapter ninety-seven of the 
Revised Statutes of Canada applies : Therefore Her Majesty, 
by and with the advice and consent of the Senate and 
House of Commons of Canada, enacts as follows : — 

!• Section two of the ''Act respecting Ferries " is hereby Section 2 
amended by striking out all the words therein after the *"*'* * * 
word " Council " in the second line thereof. 

2. Section three of the said Act is hereby amended by in- BecUonjs 
serting after the word " ferry " in the first line of the said *™*°^®^' 
section the words, ** other than a ferry between Canada and 
any other country.'* 

*• Section four of the said Act is hereby repealed and Section 4 ra- 
the following substituted therefor :— ^io^. ""^^ 

'* 4. In the case of a ferry between Canada and any other Conditions as 
country, the Governor in Council may authorize a ferry ^teraationa^ 
license to be granted, or to be renewed, for any period not ex- femes. 
ceeding ten years, as the exigencies of the case require ; but 
every such license shall be liable to cancellation for any 
violation of the customs laws of Canada, or of the country 
between which and Canada the ferry is established, and 
for any violation of the regulations made by the Governor 
in Council, as hereinafter provided : 

" 2. In the case of a ferry between any two Provinces, a And as to 
ferry license may be granted, after public competition as ieVprorindai" 
hereinbefore provided, for any period not exceeding five ferries, 
years ; but the Governor in Council, if he is satisfied that 
the regulations hereinafter mentioned have been complied 
with and the public requirements met, may in any case, 
without calling for tenders as aforesaid, authorize the 
VOL. I— 9i 181 Digitize§?tensiongle 



2 Chap. 23. Ferries Act amended. 61 ViCT. 

extension of the license for an additional period of five 

years, upon such terms as are set forth in the Order in 

Renewal of ^^ Council; and any license existing at the time of the passing 

©tisang icen- ^^ ^j^.^ ^^^ may, in like manner, be renewed for a term of 

five years by the Q-overnor in Council." 



OTTAWA : Printed by Brown Chambeblik, Law Printer to the Queen's Most 
Excellent Majestj. 



132 Digitized by Ci CHAP. 



51 VICTORIA. 



CHAR 24. 



An Act to amend " The Adulteration Act," chapter 
one hundred and seven of the Revised Statutes of 
Canada. 



I 



[Assented to ^h May, 1888.] 

N amendment of '^The Adulteration Act^^ Her Majesty, by preamble, 
and with the advice and consent of the Senate and RS.o., e. io7 
House of Commons of Canada, enacts as follows : — 

!• The paragraph of section two of the said Act lettered Section 2 
(a) is hereby xepealed'^nd the following substituted in lieu »™eaded. 
thereof : — 

" (a.) The expression " food " includes every article used interpretar 
for food or drink by man or cattle, and every ingredient ^^^'^ 
intended for mixing with the food or drink of man or cattle <'Food." 
for any purpose whatsoever :" 

2. The said section two is hereby further amended by 
adding the following at the end thereof : — 

'* (t.) The expression ** analyst " includes any member of the «* Anaiyit." 
examining board appointed under the authority of paragraph 
two of section three of this Act, and any assistant analyst 
tio the chief analyst at Ottawa." 

S. Section five of the said Act is hereby amended by Section^ 
adding the following sub-section thereto : — amended. 

"2. The prohibition contained in the first sub-section of own Service 
section fifty-one of ** The Civil Service Act,'' shall not extend Act not to ap- 
to officers rendering service under this section." ^ ^' 

3* Section nine of the said Act is hereby amended by Section 9 
adding the following at the end thereof as sub-section *™«*^d®^' 
three : — 

** 3. The Minister of Inland Revenue, or the Commissioner Special ana- 
of Inland Revenue, or any person duly authorized in that Ji'i^^^ses.^ 
behalf, may, however, cause the part intended to be 
analyzed, as in the next preceding sub-section mentioned, 
to be submitted to the chief analyst, or to any other of the 
analysts appointed under this Act, who is deemed by Imn ^ 

133 Digitized by (a©Ogle 



2 Chap. 24. Adulteration Act amended. 51 ViCT. 

to haye special skill and cxperieuce in the examination of 

particular substances, and such analyst shall report to the 
iffectofcer- Minister of Inland Revenue; and in every such case the 
tiflcate. certificate of the analyst employed under this sub-section 

shall have the like force and effect as the certificate of the 

analyst hereinafter mentioned." 

Sectioftio *• Section ten of the said Act is hereby amended by 

amended. inserting after the words '' certificate of the chief analyst," 
in the tenth and eleventh lines, the vsrords " or of his assis- 
tant analyst." 



OTTAWA : Printed bj Brown Ohamberlin, Law Printer to the Queen's Most 
Bzcellcnt Majestj. 



184 p CHIP. 

Digitized by Vi 




51 VICTORIA. 



CHAP. 25. 

An Act to amend the Weights and Mea^jures Act as re- 
spects the contents of packages of salt. 

[Assented to 22nd May, 1888.] 

HER Majesty, by and with the advice and consent of the Preamble. 
Senate and House of Commons of Canada, enacts as 
follows : — 

!• Every barrel of salt packed in bulk, sold or offered for Contenta imd 
sale, shall contain two hundred and eighty pounds of salt, wreis^ 
and every such barrel of salt, sold or offered for sale, shall »!*• 
have the correct gross and net weight thereof marked upon 
it in a permanent manner. 

S. When bags of salt are packed in barrels, the number of As to bags of 
bags contained in the barrel and the weight of the aggre- * * *"* * 
gate amount of salt shall be marked, stamped or branded 
on one head of the barrel. 

8. The name or the registered trade mark of the packer N*metobe 
of the salt, if it is packed in Canada, or the name and ad- barrel. ^^ 
dress of the importer, if it is packed elsewhere than in 
Canada, shall be marked, stamped or branded on every 
barrel of salt sold or offered for sale in Canada. 

4« Every person who neglects to comply with any pro- Penaiij for 
vision of this Act, and every person who sells or offers for «^n'™^®''' 
sale any salt in contravention of the foregoing provisions of 
this Act, shall be liable, on summary conviction, to a penalty 
of not less than ten dollars for each offence ; but no deticiency EzcepUoa. 
in the weight of the salt contained in any package shall be 
deemed a contravention of this Act unless such deficiency 
exceeds five per cent., nor shall any penalty be recoverable LimiuUon oC 
under this Act unless proceedings for the recovery of the ^*"*' 
same are instituted within twenty days after delivery of the 
package of salt in respect of which it is claimed that a con- 
travention of this Act has been committed. 



OTTAWA : Printed by Brown Chambibliv, Law Printer to the Queen's Most 
fizceltent Majesty. ^^^ 

185 DigitizeCyPOfeOgle 




51 VICTORIA. 



CHAP. 26. 



Preamble. 



An Act to amend the Steamboat Inspection Act, chapter 
seventy-eight of the Revised Statutes. 

[Asse/ited to 22nd May, 1888.] 

TTER Majesty, by and with the advice and consent of the 
-*-'- Senate and liouse of Commons of Canada, enacts as 
follows : — 



Interpreta- 
tion. 
<* Minor 
waters of 
Canada." 



Section 4 of 
R S.C., c 73 

amended. 



Section 36 
amended . 



Permits to 
act as engi- 
neers may be 
granted. 



!• In this Act the expression ** minor waters of Canada" 
means all inland waters of Canada (including the River 
Saint Lawrence as far seaward as a line drawn from Father 
Point, on the south shore, to Point Orient on the north 
shore) with the exception of Lakes Erie, Ontario, Huron, 
Superior and Winnipeg, and the waters of Greorgian Bay. 

S8* Section four of *' The Steamboat Inspection Act" is 
hereby amended by adding the following words at the end 
of the said section : — "and all steam yachts of three tons, 
gross tonnage, and under, used exclusively for pleasure or 
private use without hire or remuneration of any kind, shall 
be exempt from all the requirements of this Act." 

3. The first sub-section of section thirty-six of the said 
Act is hereby amended by striking out the words " hay or 
other " in the fifteenth line of the said sub-section, and 
inserting in lieu thereof the word ''any." 

4. The Minister of Marine and Fisheries, upon the report 
of the inspector of boilers and machinery, in whose district 
the steamboat is to run, may grant a permit to a fourth 
class engineer or other applicant, sufficiently qualified by 
his knowledge of steam machinery and his experience as 
engineer, authorizing him to act as engineer on a steamboat 
carrying passengers, and not exceeding twenty tons gross 
tonnage, and within specified limits in the minor waters of 
Canada — which steamboat and limits shall be designated in 
the permit : 



13G 



Digiti: 



zed by Google 



1888. Steamboat Inspection Act amended, 51 ViCT. 2 

2. Sach permit may be issued and be in force for a term Duration, 
not exceeding one year, but may be suspended or cancelled 

for cause by the Minister, who may also renew the same 
from time to time for any term not exceeding one year : 

3. For every such permit and for every renewal thereof Fee to be 
the applicant shall pay the sum of two dollars, which shall p*'^* 
be paid over to the Minister of Finance and Receiver Gren- 

eral to form part of the Consolidated Kevenue Fund of 
Canada 

5. No person who holds a permit issued under this Act, Jv^Mwatr 
and no person who employs him as holding such permit, in each ease, 
shall be liable to the penalty provided by section forty- 
three of the Act hereinbefore cited, if he is acting on the 
vessel and within the limits specified in the said permit. 



OTTAWA : Printed by Browh Chambbruh, Law PrintiJr to the Queen's Most 
Excellent Majesty. 



137 CHAP. 

Digitized byCjOOQlC 




51 VICTORIA. 



CHAP. 27. 



Preamble. 



An Act to amend " The Bank Act," Chapter one hun- 
dred and twenty of the Revised Statutes of Canada. 

[Assented to 22nd May, 1888.] 

U ER Majesty, by and with the advice and consent of the 
-*-*- Senate and House of Commons of Canada, enacts as 
follows : — 



When ware- 
houseman, 
Ac, ia also 
owner of the 
goods. 



R.8.C., c 120, !• Section fifty-fonr of chapter one hundred and twenty 
newsect^n^' ^^ *^® Revised Statutes of Canada is hereby repealed and 
the following is substituted in lien thereof : 

" 54. If any person who grants a warehouse receipt or 
bill of lading is engaged in the calling, as his ostensible 
business, of keeper of a yard, cove, wharf or harbor, or of 
warehouseman, miller, saw-miller, maltster, distiller, manu- 
facturer of timber, wharfinger, master of a vessel, or other 
carrier by land or by water, or by both, curer or packer of 
meat, tanner, manufacturer or dealer in wool or cotton, or 
purchaser of agricultural produce, and is at the same time 
the owner of the goods, wares and merchandise mentioned 
in such warehouse receipt or bill of lading, every such 
warehouse receipt or bill of lading, and the right and title 
of the bank thereto and to the goods, wares and merchan- 
dise mentioned therein, shall be as valid and effectual as if 
« such owner, and the person making such warehouse receipt 
or bill of lading, were different persons." 



OTTAWA : Printed by Brown OHAMBiRLW, Law Printer to the Queen's Host 
Excellent Majesty. 



138 



CHAP. 

Digitized byCjOOQlC 




51 VICTORIA. 



CHAP. 28. 

An Act to rimend Chapter one hundred and twenty-four 
of the Revised Statutes, respecting Insurance. 

[Assented to 22nd May, 1888.] 

TTER Majesty, by and with the advice and consent of the Preamble. 
-'-*- Senate and House of Commons of Canada, enacts as 
follows : — 

!• The paragraph of section three of " The Insurance Act " Section 3 of 
lettered (c.) is hereby repealed and the following substituted amended. ^^* 
therefor : — 

" (c.) To any company incorporated by an Act of the Lfegis- As to certain 
lature of the late Province of Canada, or by an Act of the SnWroyin. 
Legislature of any Province now forming part of Canada, ciai Acts. 
which carries on the business of insurance, wholly within 
the limits of that Province by the Legislature of which it 
was incorporated, and which is within the exclusive control 
of the Legislature of such Province ; but any such company Proriso : how 
may, by leave of the Governor in Council, on complying ^^^ ^™" 
with the provisions of this A^t, avail itself of the provisions avail itself of 
of this Act, and if it so avails itself, the provisions of this Act ^^^ ^°^- 
shall thereafter apply to it, and such company shall have 
the power of transacting its business of insurance throughout 
Canada." 



OTTAWA : Printed bj Browv Chambhrlin, Law Printer to the Queen's Most 
Excellent Majesty. 



189 CHAP. 

Digitized byCjOOQlC 




51 YICTORIA. 



Preamble. 



CHAP. 29. 
An Act respecting Railways. 

[Assented to 22nd May, 1888.] 

HER Majesty, by and with the advice and consent of the 
Senate and Honse of Commons of Canada, enacts as 
follows : — 



SHORT TITLE. 



Short title. !• This Act may be cited as " Tlie Railway Act'' 



Interpreta- 
tion. 



** Company." 
"County." 

"Court." 

** Depart- 
ment' ' 

"Deputy." 
"Goods." 

" Highway.'' 



"Inspecting 
Engineer." 



INTERPRETATION. 

2. In this Act and in the special Act incorporating any 
railway company to which this Act or any part thereof 
applies, unless the context otherwise requires, — 

(a.) The expression "company" means a railway com- 
pany, and includes any person having authority to construct 
or operate a railway ; 

(6.) The expression ** county '* includes any county, union 
of counties, riding, or like division of a county in any Pro- 
vince or, in the Province of Quebec, any division thereof into 
separate municipalities ; 

(c.) The expression " court " means a superior court of 
the Province or district ; 

{d.) The expression ** department " means the Department 
of Railways and Canals ; 

(e.) The expression *' deputy " means the Dei)uty of the 
Minister of Railways and Canals ; 

(/".) The expression "goods" includes things of every 
kind that may be conveyed upon the railway, or upon 
steam vessels or other vessels connected with the railway ; 

(g.) The expression " highway " includes any public road, 
street, lane or other public way or communication ; 

(A.) The expression " inspecting engineer " means an 
engineer who is directed by the Railway Committee or 
by the Minister to examine any railway or works, and 
includes two or more engineers when two or more are 
so directed ; 

^^^ Digitized by G00gl(^^^ 



1888. Tlie Railway Act, Chap. 29. 2 

(i.) The expression "judge" means a judge of a superior ''Judge.'' 
court ; 

(j) The expression '* justice " means a justice of tbe "Justice/' 
peace acting ior the district, county, riding, division, city 
or place where the matter requiring the cognizance of a jus- 
tice arises, and who is not interested in the matter ; and 
when any matter is authorized or required to be done by 
two justices, the expression " two justices " shall be under- "Twojuati-. 
stood to mean two justices assembled and acting together ; *^*^^" 

{k) The expression "lands" means the lands, the ac- "Lands." 
quiring, taking or using of which is incident to the exercise 
of the powers given by this or the special Act, and includes 
real property, messuages, lands, tenements and heredita- 
ments of any tenure ; 

(/.) The expression '* lease " includes an agreement for a '' Lease." 
lease ; 

(m,) The expression ** map or plan " means a ground plan "Map or 
of the lands and property taken or intended to be taken ; P^*°- ' 

(n.) The expression "Minister" means the Minister of "Minister." 
JRailways and Canals ; 

(o.) A railway shall be deemed to come " near " to another *' Near." 
when some part of the one is within one mile of some part 
of the other ; 

ip.) The expression ** owner," when, under the provisions "Owner." 
of this Act or the special Act, any notice is required to be 
given to the owner of any lands, or when any act is autho- 
rized 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, would 
be enabled to sell and convey lands to the company ; 

(g.) The expression "railway" means any rail way which "Railway." 
the company has authority to construct or operate, and 
includes all stations, depots, wharves, property, and works 
connected therewith, and also any railway bridge or other 
structure which any company is authorized to construct 
under a special Act ; 

(r.) The expression "the Railway Committee" means the "Railway 
Railway Committee of the Privy Council ; Committee.- 

(s.) The expression " sheriff" means the sheriff of the "Shcriflf." 
district, county, riding, 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 ; 

(t.) The expression " Special Act " means any Act "Special 
under which the company has authority to construct or ^^^' " 
operate a railway, or which is enacted with special refer- 
ence to such railway, and includes all such Acts ; 

(w.) The expression "toll" includes any rate or charge ' Tui^" 
made for the conveyance of any passenger, goods, or carriage, 
or lor the collection, loading, unloading, cording or delivery 
of goods, or for warehousing or wharfage, or other services 
incidental to the business of a carrier ; 

141 (p^ T 

Digitized byVjOOQlC 



8 Chap. 29. The Railway/ Act. 61 ViCT 

"Traffic." (v.) The expression "traffic" includes not only pas- 

sengers and their baggage, goods, animals and things con- 
veyed by railway, but diso cars, trucks and vehicles of any 
description adapted for running over any railway ; 
"The under- (t^.) The expression *' the undertaking " means the rail- 
°^* ways and works, of whatsoever description, which the 

company has authority to construct or operate ; 
•x^ndUure" ^^'^ The expression "working expenditure" means and 
•xpen 1 ure. jj^^j^^^g g^jj expenses of maintenance of the railway, and of 
the stations, buildings, works and conveniences belonging 
thereto, and of the rolling and other stock and movable 
plant used in the working thereof, and also all such tolls, 
rents or annual sums as are paid in respect of property 
leased to or held by the company, apart from the rent of 
any leased line, or in respect of the hire of engines, car- 
riages or waggons let to the company ; also, 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 ; and also all expenses of or incidental to working the 
railway, and the traffic thereon, including stores and con- 
sumable articles ; also, rates, taxes, insurance and compen- 
sation for accidents or losses ; also, all salaries and wages 
of persons employed in and about the working of the rail- 
way and traffic ; and all office and management expenses, 
including directors' fees, agency, legal and other like ex- 
penses ; and generally all such charges, if an 7, not above 
otherwise specified, as in all eases of English railway com- 
panies are usually carried to the debit of revenue, as dis- 
tinguished from capital account ; 
Whea lands (y.) When any matter arises in respect of any lands 
w^Hytn^o^ne which are the property of one and the same person, and 
district. which are not situate wholly in any one district, county, 

riding, division, city or place, the expressions "clerk of the 
peace," "justice" and "sheriff" respectively, mean any 
clerk of the peace, justice or sheriff for any district, county, 
riding, division, city or place within which any portion of 
such lands is situate ; and the expressions " clerk of the 
peace" and " sheriff" respectively include the like persons 
as in other cases. 

APPLICATION OF THE ACT. 

Vl^'t*^^° *^' ^^^^ -^^^^ subject to any express provisions of the 
special Act, and to the exception hereinafter mentioned, 
applies to all persons, companies and railways within the 
legislative authority of the Parliament of Canada, except 
Government railways. 

Andofcer- 4, In addition, all the provisions of this Act relating to 

flions^t'hereof. ^^Y subject or matter within the legislative authority of the 

Parliament of Canada, and for greater certainty but not so 

as to restrict the generality of the foregoing terms, all pro- 

142 ^ visions 

Digitized by V^jOC 



1888. The Railway Act, Chap. 29. 4 

TidonB relating to railway crossings and junctions, offences 
and penalties and statistics apply to all persons, companies 
and railways whether otherwise within the legislative 
authority oi Parliament or not. 

*• The provisions of this Act, from section thirty-two Application 
to section eighty-nine, both inclusive, do not apply to every uyf^^^^^^^^ 
company and railway within the legislative authority of 
the Parliament of Canada, but apply to- 
la.) Every company w^hose authority to construct or 
operate any railway is derived from the Parliament of 
Canada, and to every railway constructed or to be con- 
structed under the authority of any Act passed by the 
Parliament of Canada ; 

(ft.) Every company and railway to which such pro- 
visions are made applicable, as hereinafter provided : 

2. Such provisions shall, in so far as they are applicable To form part 
to the undertaking, and unless they are expressly varied or ^ ^^^^* ^^** 
excepted therefrom by the special Act, be incorporated with 
the special Act, form part thereof, and be construed there- 
with as forming one Act : 

8. Any of such provisions may be excepted from incor- Exception of 
poration with the special Act, by enacting, in such special ^^^ v^oyi- 
Act, that the sections of this Act proposed to be excepted, 
referring to them by the numbers which they bear respect- 
ively, shall not be incorporated with such special Act, 
which shall thereupon be construed accordingly. 

^« If in any special Act it is provided that any pro- 4^ ^ excep- 
visions of any general Railway Act in force at the time of the fojce °**^ ^^ 
passing of the special Act is excepted from incorporation 
therewith, or if the application of any such provision is 
extended, limited or qualified, the corresponding provision 
of this Act shall be excepted, extended, limited or qualified 
in like manner. 

SECTIONS WHICH MAY BE MADE APPLICABLE TO ANY RAILWAY 
WITHIN THE LEGISLATIVE AUTHORITY OF PARLIAMENT. 

T, Any company within the legislative authority of the How certain 
Parliament of Canada, to which the provisions of sections may be made 
thirty-two to eighty-nine both inclusive of this Act are not, applicable to 
or are not clearly and without question, applicable, may not^suiject 
apply to the Grovernor in Council for an order to make the to them. 
same with or without exceptions or qualifications applicable 
to such company ; and the Grovernor in Council, upon proof 
that notice of such application has been inserted for four 
weeks in the Canada Gazette^ may order and declare 
that the provisions of sections thirty-two to eighty-nine 
both inclusive of this Act, with such exceptions and 
qualifications as to the G-overnor in Council appear just, 
shall thereafter apply to such company and its railway ; and 

143 such 

Digitized by CjOOQIC 



Chap. 29. 



Tlie Railway Act. 



51 Vict. 



such order shall be published in the Canada Gazette and 
a copy thereof laid before Parliament within fourteen days 
after the next meeting thereof. 



ConsUtution 
of Railway 
Committee. 



Secretary. 



Powers. 

Rate of speed 
in cities, &c. 



Steam whis- 
tle. 



Safety of em- 
ployees, &c. 



Penalties. 



Other liability 
not affected. 



THE RAILWAY COMMITTEE. 

^« The Railway Committee of the Privy Council shall 
consist of the Minister of Railways and Canals, who shall 
be chairman thereof, of the Minister of Justice and of two 
or more of the other members of the Queen's Privy Council 
for Canada to be from time to time appointed by the 
Governor in Council, three of whom shall form a quorum ; 
and such committee shall have the powers and perform the 
duties assigned to it by this Act. 

O. The deputy of the Minister of Railways and Canals, 
or some other fit person appointed by the Committee, shall 
be secretary of the Committee. 

lO. The Railway Committee may, — 

{a.) Regulate and limit the rate of speed at which railway 
trains and locomotives may be run in any city, town or 
village, or in any class of cities, towns or villages described 
in any regulation ; limiting, if the said Railway Committee 
thinks fit, the rate of speed within certain described portions 
of any city, town or village, and allowing another rate of 
speed in other portions thereof, — which rate of speed shall 
not in any case exceed six miles an hour, unless the track is 
properly fenced ; 

(b.) Make regulations with respect to the use of the steam 
whistle within any city, town or village, or any i>ortion 
thereof ; 

(c.) Make regulations with respect to the method of pass- 
ing from one car to another either inside or overhead, and 
for the safety of railway employees while passing from one 
car to another and for the coupling of cars ; 

(rf.) Impose penalties, not exceeding twenty dollars for 
each ofience, on every person who offends against any regula- 
tion made under this section, — which penalties shall be 
recoverable upon summary conviction : 

2. The imposition of any such penalties shall not lessen 
or affect any other liability which any person may have 
incurred. 



wiiat matters 11. The Railway Committee shall have power to enquire 
Commiitee ^^*^» ^^^^ *^^ determine any application, complaint or 

may hear and dispute respecting, — 

aU^irt^of way. ^^^ ^^7 right of way over or through lands owned or 
occupied by ony company ; 

(/?.) Changes in location for lessening a curve, reducing a 
gradient, or benefiting the railway, or for other purposes 
of public advantage ; 

144 ic) 

Digitized by V^OOQlC 



Chanjre of 
line. 



188S. Vie Railway Act. Chap. 29. 6 

(c.) The construction of branch linos exceeding onequar- Branch Hqcs, 
ter of a mile in length, but not exceeding six miles ; 

(d) The crossing of the tracks of one company by the Crossing 
tracks of another company ; tracks. 

(e.) The alignment, arrangement, disposition or location of Location of 
tracks ; ^^*^^- 

(/.) The use by one company of the tracks, stations or Use of tracks, 
station grounds of another company ; 

(s^.) The construction of works in navigable waters ; watere.^'^ 

(A.) The construction of railways upon, along and across Highways. 
highways ; 

(t ) The proportion in which the cost of fencing the cost of fen- 
approaches to crossings on railways constructed or under ^^*^*f- 
construction on the nineteenth of April, one thousand eight 
hundred and eighty-four, shall be borne by the company 
and the municipality or person interested ; 

(;'.) The compensation to be made to any person or Compensa- 
company in respect of any work or measure directed to be ordered.^°^^ 
made or taken, or the cost thereof, or the proportion of such 
cost to be borne by any person or company ; 

(k,) Tolls and rates for the transportation of passengers Toils. 
and freight ; 

(/.) The adjustment of such tolls and rates between com- Adjustment 
panies; °f^°"- 

(m.) Running powers or haulage ; Running 

{n.) Traffic arrangt»ments ; Traffic.' 

(o.) Transhipment or interchange of freight ; Tranship- 

(p.) Unjust preferences, discrimination or extortion ; pr"fer 

iq.) Any highway or street, ditch or sower, water, gas or Streets, sew- 
other pipes or mains over or through lands owned or occu- ers, &c'. 
pied by the company ; or — 

(r.) Any matter, act or thing, which by this or the General mat- 
special Act is sanctioned, required to be done, or prohib ited. ^^"' 

12« The Railway Committee or the Minister may appoint J^port may 

J., -^ . 1 . ii^be ordered to 

or direct any person to make an enquiry and report be made. 
upon any application, complaint or dispute pending before 
such committee, or any matter or thing connected therewith 
or incident thereto. 

13. The Railway Committee, the Minister, inspecting Powers as to 

t n . . . -J J. inquiry into 

engineer, commissioner for enquiry into any accident or accident or 
casualty, or person appointed to make any enquiry or re- casualty. 
port, may — 

(a.) Enter into and inspect any place or building being ^^^n- 
the property or under the control of any company, the 
entry or inspection of which appears to it or him reqi;iisite ; 

(fr.) Inspect any works, engines, cars, carriages or pro- inspecUon. 
perty of the company ; 

(c.) Require the attendance of all such persons as it or he ^it'ie^es, 
thinks fit to call before it or him and examine, and require 
VOL. I— 10 145 answers 

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*7 ' Chap. 29. The Railway Act, 51 ViCT. 

answers or returns to such enquiries as it or he thinks fit to 

make; 
Bookfl,paperB, (/y.) Require the production of all books, papers, plans,. 

specifications, drawings and documents relating to the 

matter before it or him ; 
Oathg. (e.) Administer oaths, affirmations or declarations. 



Drains, water l-f. Whenever, after due notice of application therefor^ 
p?TC8*on pro- *^® Railway Committee decides that it is necessary in the 
perty of com- interest of any municipality that means of drainage should 
pany. j^^ provided, or lines of water pipes or other pipes should be 

laid, or streets made through, along, across or under any 
works or lands of the company, it may, after hearing the 
parties, direct how and on what terms such drainage may 
be efiected, or water pipes or other pipes laid or streets 
made ; and thereupon such municipality may construct the 
works necessary to carry out such direction, but only under 
the supervision of such official as the Railway Commit- 
tee appoints, — or at its option the Company may construct 
such works under the like supervision ; and the cost of con- 
Expense, by structing such works, the cost of supervision, and the con- 
whom borne, tinned maintenance of the same shall be paid by such 
municipality, unless the Railway Committee direct that the 
company bear some proportion thereof, — in which case the 
company shall bear such proportion as the Railway Com- 
mittee decides. 

Compelling 15. The Railway Committee, the Minister and every 
^^\^^^kt^^^^ engineer, commissioner or person, shall have the 
same power to enforce the attendance of witnesses and 
to compel them to give evidence and produce the books^ 
papers or things which they are required to produce, as 
is vested in any court in civil cases. 

Payment of 16« EverjT persou summoned to attend before the Rail- 
witnesees. ^^^ Committee, or the Minister, or before any such en- 
gineer, commissioner, or person, shall receive the same fees 
and allowances for so doing as if summoned to attend 
before a court of civil jurisdiction in the Province in which 
he is required to appear. 

Decision may IT. Any decision or order made by the Railway Com- 
of court. ^^ ®^ mittee under this Act may be made an order of the Exche- 

?uer Court of Canada, or of any superior court of any 
rovince of Canada, and shall be enforced in like manner 
as any rule or order of such court. 

Review of de- 18. The Railway Committee may review and rescind or 
^^' ^^' Yary any decision or order previously made by it. 

?totedfor^^ lO- The Railway Committee may, if it thinks fit, at 
opinion. the instance of any party to the proceedings before it, and 

146 ^ upon 

Digitized by V^jOC 



1888. Tlie Railway Act. Chap. 29. 8 

upon such security being given as it directs, state a case in 
writing for the opinion of the Supreme Court of Canada 
upon any question which in the opinion of the Committee 
is a question of law. 

20« The Supreme Court of Canada shall hear and deter- Opinion to be 
mine the question or questions of law arising thereon and d«ii^®"^- 
remit the matter to the Railway Committee, with the 
opinion of the court thereon, 

21. Subject to the provisions of section eighteen, every Decision final, 
decision and order of the Railway Committee shall be final : 
Provided always, that either party may petition the Grover- 

nor in Council, and the Grovernor in Council may, in his Appeal to 
discretion, rescind, change or vary such order as he deems coundi!^^" 
just and proper. 

22. The costs of and incidental to any proceeding before Ooeta. 
the Railway Committee shall be in the discretion of the 
Committee. 

23« Every document purporting to be signed by the Certain docu- 
chairman and secretary of the Railway Committee, or by ™mwiw 
either of them, or by the Minister, shall be received in 
evidence without proof of any such signature, and until 
the contrary is proved shall be deemed to have been so 
signed and to have been duly executed or issued by such 
committee or by the Minister as the case may be. 

24. Every decision and order of the Railway Committee Promulgation 
shall be considered as made known to the company by a commiYte^e. 
notice thereof, signed by the chairman and the secretary of 
the committee or by either of them and delivered to the 
president, vice-president, managing director, secretarv or 
superintendent of the company, or at the office of the 
company ; and every order of the Minister or of the inspect- And of minis- 
ing engineer shall be deemed to be made known to the ing^engineer! 
company by a notice thereof, signed respectively by the 
Minister or the enacineer, and delivered as above mentioned. 



■'o* 



25. Every company shall, as soon as possible after the PabUcation 
receipt of any order or notice of the Railway Committee or ^^yj ^^°*' 
the Minister or the inspecting engineer, give cognizance 
thereof to each of its officers and servants, by delivering 

a copy to him, or by posting up a copy thereof in some place 
where his work or his duties, or some of them, are to be 
performed. 

INSPECTING ENGINEERS. 

26. Every company, and the officers and directors thereof, {^ wL"^o?ded 
shall afford to any inspecting engineer such information to inspecting 

VOL- I— lOi 147 r"as ©np'i^^r. 

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Chap. 29. 



Hie Railtcay Act. 



51 Vict. 



Engineer to 
be conveyed 
by company, 
&c. 



Telegraph 
operators to 
obey his 
orders. 



Proof of his 
authority. 



as is within their knowledge and power in all matters ■ 
inquired into by him, and shall submit to such inspecting 
engineer all plans, specifications, drawings and documents 
relating to the construction, repair or state of repair of the 
railway or any portion thereof. 

^T, Every such inspecting engineer shall have the right, 
while engaged in the business of such inspection, to travel 
without charge on any of the ordinary trains running on 
the railway, and to use the telegraph wires and machinery 
in the offices of or under the control of any such company. 

28. The operators or officers employed in the telegraph 
offices of or under the control of the company shall, without 
unnecessary delay, obey all orders of any such inspecting 
engineer for transmitting messages ; and every such operator 
or officer who neglects or refuses so to do shall, for every 
such offence, be liable, on summary conviction, to a penalty 
of forty dollars. 

20, The production of instructions in writing, signed by 
the chairman of the Kailway Committee and the secretary 
thereof or by either of them, or by the Minister, shall be 
sufficient evidence of the authority of such inspecting 



Penalty for :^0. Every person who wilfully obstructs any inspecting 
fn'ap^ecUngen- engineer in the execution of his duty is liable, on summary 
gineer. conviotion, to a penalty not exceeding forty dollars ; and in 

default of payment thereof forthwith, or within such time 
as the convicting justice or justices of the peace appoint, to 
imprisonment with or without hard labor for any term not 
exceeding three months. 

INCORPORATION. 



Companies to 
have corpo- 
rate powers. 



ol« Every company incorporated under a special Act 
shall be a body corporate, under the name declared in the 
special Act, and shall be vested with all such powers, privi- 
leges and immunities as are necessary to carry into effect 
the intention and objects of this Act and of the special Act, 
and which are incident to such corporation, or are expressed 
or included in ** The Interpretation Act,''' 



OFFICES OF COMPANY. 



Offices of the 
company. 



32. The head office of the company shall be in the place 
designated in the special Act ; but the board of directors 
may establish one or mo'^e offices in other places in Canada 
or elsewhere. 



148 



PROVISIONAL 



Digitized by 



Google 



1888. The Railwat/ Art. Chap. 29. 10 

PROVISIONAL DIRECTORS AND THEIR POWERS. 

33. The persons mentioned by name as such in the Provisional 
special Act are hereby constituted provisional direct- theirpowera^. 
ors of the company, and of such provisional directors a 
majority shall be a quorum, and the said provisional direct- 
ors shall hold office as such until the first election of direct- 
ors, and may forth w^ith open stock books and procure sub- 
scriptions 01 stock for the iindertaking, and receive payments 

on account of stock subscribed, and cause plans and surveys 
to be made, and deposit in any chartered bank of Canada Moneys de- 
moneys received by them on account of stock subscribed, — SJithdrawn^^ 
which moneys shall not be w^ithdrawn, except for the pur- for certain 
poses of the undertaking, or upon the dissolution of the J^J^^^^ 
Company for any cause whatsocTer. 

34. If more than the whole stock has been subscribed AUocation of 
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 under- 
taking. 

CAPITAL. 

35. The capital stock of the company, the amount of Capital Btock 
which shall be stated in the Special Act, shall be divided »«^«»^*^'^«- 
into shares of one hundred dollars each ; and the money so 

raised shall be applied, in the first place, to the payment of 

all fees, expenses and disbursements for procuring the pass- ^pp^^^j.**^®'* 

ing 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 money shall be applied to the 

making, equipping, completing and maintaining of the said 

railway, and other purposes of the undertaking. 

30. So soon as twenty-five per cent., of the capital has ^'^^^ "J*\^5 
been subscribed, and ten per cent, of the amount subscribed ers^. * 
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 such time as they think proper,— giving the notice pre- Notice there- 
scribed by section forty-one of this Act,— at which meeting ^ ' 
the shareholders who nave paid at least ten per cent, on the 
amount of stock subscribed for by them shall, from the Election of 
shareholders possessing the qualifications hereinafter men- ^ii^^c^*^"- 
tioned, elect the number of directors prescribed by the 
special Act. 

37. The oriirinal cajntal stock of any company may, with ^{^^1^^^^^**^^ 
the approval of the Grovernor in Council, be increased, from increasodT 
time to time, to any amount, if such increase is sanctioned 
by a vote, in person or by proxy, of the shareholders who j 

149 Digitized, holdg^^ 



11 



Chap. 29. 



Tlie Railway Act, 



51 Vict. 



hold at least two-thirds in amount of the subscribed stock 
of the company, at a meeting expressly- called by the direct- 
ors for that purpose, by a notice in writing to each share- 
holder, delivered to him personally, or properly directed to 
him and deposited in the post office at least twenty days 
previously to such meeting, stating the time, place and 
object of such meeting, and the amount of the proposed 
increase ; and the proceedings of such meeting shall be 
entered in the minutes of the proceedings of the company, 
and thereupon the capital stock may, with such approval, 
be increased to the amount sanctioned by such vote. 

38. Municipal corporations in any Province in Canada 
duly empowered so to do by the laws of the Province, and 
subject to the limitations and restrictions in such laws pre- 
scribed, may subscribe for any number of shares in the 
capital stock of the company ; and the mayor, warden, reeve 
or other head officer of any such corporation holding stock 
to the amount of twenty thousand dollars, or upwards, shall 
be ex officio one of the directors of the company in addition 
to the number of directors authorized by the special Act, 
unless in such special Act provision is made for the repre- 
sentation of such corporation on the board thereof. 

Paid up stock 8f>« The directors of the company elected by the share" 
iS^certain^^^^ holders may make and issue, as paid up stock, shares in the 
cases. company, whether subscribed for or not, and may allot and 

hand over such stock in payment for right of way, plant, 
rolling stock or materials of any kind, and also for the ser- 
vices of contractors and engineers ; and such issue and allot- 
ment of stock shall be binding on the company, and such 
stock shall not be assessable for calls. 



Entry on 
minutes. 



When and 
how munici- 
pal coq)ora- 
tions maj 
take stock. 

Representa- 
tion of cor- 
porations. 



MEETINGS OF SHAREHOLDERS. 



Annual meet- 40. A general meeting of the shareholders for the elec- 
^^^' tion of directors and for the transaction of other business 

connected with or incident to the undertaking, to be called 
** the annual meeting," shall be held annually on the day 
mentioned in the special Act ; and other general meetings, 
Special meet- to be called "special 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 such 
special meeting, for twenty-one days thereafter fail to call 
such meeting : 

2. All general meetings whether annual or special shall 
be held at the head office of the company. 



mgrs 



Where to be 
held. 



Notice of 
meetings. 



41 • 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 inthe place 

{h(S Digitized by V^ -ro-l^ara 



where 



1888. Tike Railway Act. Chap. 29. 12 

where the head office is situate, — in which notice shall be 
specified the place and the day and the hour of meeting ; 
all such notices shall be published weekly, and a copy of Evidence. 
such Gazette containing such notice shall, on production 
thereof, be evidence of the sufficiency of such notice. 

42. Any business connected with or incident to the Whatbusi- 
undertakingmay be transacted at an annual meeting, except- tra^sa^^d.* 
ing such business as by this Act or the Special Act is 
required to be transacted at a special meeting ; but no special 
meeting shall enter upon any business not set forth in the 
notice upon which it is convened. 

-IB. The number of votes to which each shareholder Votes on 
shall be entitled, on every occasion when the votes of the ^*^*^®3- 
shareholders are to be given, shall be in the proportion of 
the number of shares held by him, and on which all calls 
due have been paid. 

4 J. Every shareholder, whether resident in Canada or Shareholders 
elsewhere, may vote by proxy, if he sees fit, and if such prox/.^****^ 
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 share- Fo™i of 

holders of the , do hereby appoint , ^"^^^* 

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 com- 
pany, 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 

4I5. The votes by proxy shall be as valid as if the con- Votes by 
stituents had voted in person ; and every matter or thing ^^^^^ ^*^***' 
proi)osed or considered at any meeting of the shareholders 
shall be determined by the majority of votes and proxies 
then present and given ; and all decisions and acts of any Majority to 
such majority shall bind the company and be deemed the ff^vern. 
decisions and acts of the company. 

PRESIDENT AND DIRECTORS. 

46, A board of directors of the company to manage its Election of 
affairs, the number of whom shall be stated in the special ^e^^^®^^^" I 

Act, and a majority of whom shall form a quorum, shall be \ 

chosen at the annual meeting ; and if such election is not ' 

held on the day appointed therefor, the directors shall cause ' 

such election to be held at a special meeting duly called | 

for that purpose within as short a delay as possiole after 
the day so appointed. ^^^ ^^^^^ ^^QoOgle j 



18 



Chap. 29. 



The RaiLioay Act. 



61 Vict. 



As to votes at 47. No person shall vote on such subsequent day except 

meetug!^ those who would have been entitled to vote if the election 

had been held on the day when it should have been held. 



VacancieB, 
how filled. 



Qualification 
of director. 



4^. Vacancies in the board of directors shall be filled in 
the manner prescribed by the by-laws. 

4»« No person shall be a director unless he is a share- 
holder, owning twenty shares of stock absolutely in his 
own right, and has paid all calls due thereon, and is quali- 
fied to vote for directors at the election at which he is 
chosen. 



Term of office. 50. The directors appointed at the last election, or those 
appointed in their stead in case of vacancy, shall remain in 
office until the next ensuinir election of directors. 



Vacancies by 
death, &c., 
how filled. 



President. 



Vice-presi- 
dent 



Qaorum. 



Acta of ma- 
jority bind- 
ing. 



51. 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 survi- 
ving directors ; but if such appointment is not made, 
such death, absence or resignation shall not invalidate the 
acts of the remaining directors. 

52. The directors shall, at their first or at some other meet- 
ing after the election, elect one of their number to be the 
president of the company, who shall always, when present, 
be the chairman of and preside at all meetings of the direct- 
ors, and shall hold his office uutil he ceases to be a director, 
or until another president has been elected in his stead ; 
and they may, in like manner, elect a vice-president, who 
shall act as chairman in the absence of the president. 

5a« The directors, at any meeting at which not less than 
a quorum are present, shall be competent to use and exer- 
cise all and any of the powers vested in the directors. 

•54. The act of a majority of a quorum of the directors- 
present at any meeting regularly held, shall be deemed the 
act of the directors. 



Votes of di- 
rectors. 



Directors sub- 
ject to share- 
holders and 
by-laws. 



♦*55. No director shall have more than one vote except the 
chairman, w^ho shall, in case of a division of equal numbers, 
have the casting vote. 

56. The directors shall be subject to the examination and 
control of the shareholders at their annual meetings, and 
shall be subject to all by-laws of the company, and to the 
orders and directions from time to time made or given at 
the annual or special meetings ; but such orders and direc- 
tions shall not be contrary to any express directions or pro- 
visions of this Act or of the special Act. 

162 ^ S7. 

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1888. The Bailicat/ Act. Chap. 29. 14 

5T« No person who holds any office, place or employment Dwabiuty of 
in, or who is concerned or interested in any contract under tractors and' 
or with the company, or is surety for any contractor, shall Bureties. 
be capable of being chosen a director, or of holding the 
office of director, nor shall any person who is a director of 
the company enter into, or be directly or indirectly, for his 
own use and benefit, interested in any contract with the 
company, other than a contract which relates to the pur- 
chase of land necessary for the railway, or be or become a 
partner of or surety for any contractor with the company. 

5S. The directors shall make by-laws for the management By-laws to be 
and disposition of the stock, property, business and affiiirs "^*^®- 
of the company, not inconsistent with the laws of Canada, 
and for the appointment of all officers, servants and arti- 
ficers, and prescribing their respective duties. 

S9m The directors shall, from time to time, appoint such Appointment 
officers as they deem requisite, and shall take sufficient secur- gec*lirity^*be 
ity, by one or more bonds, or by the guarantee of any society given by 
or joint stock company incorporated and empowered to grant ^^^^' 
guarantees, bonds, convenants or policies for the integrity 
and faithful accounting of persons occupying positions of 
trust, or for other like purposes, as they deem expedient, 
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, as the directors 
think proper. 

00« In case of the absence or illness of the president, the when vice- 
vice-president shall have all the rights and powers of the P^^ij^act. 
president, and may sign all notes, bills, debentures and other 
instruments, and perform all acts which, by the regulations 
and by-laws of the company, or by the special Act, are re- 
quired to be signed, performed and done by the president. 

61. The directors may, at any meeting of directors, require Absence of 
the secretary to enter such absence or illness among the pro- j^fentered^oa 
ceedings of such meeting ; and a certificate thereof, signed minutes, &c. 
by the secretary, shall be delivered to any person requiring 

the same, on payment to the treasurer of one dollar, and such 
certificate shall be taken and considered as primd facie evi- 
dence of such absence or illness, at and during the period in 
the said certificate mentioned, in all proceedings in courts 
of justice or otherwise. 

62. The directors shall cause to be kept and, annually, on Annual state- 
the thirtieth day of June, to be made up and balanced, prepVred*!^ 

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 

158 Digitized by^OOgle 



15 



Chap. 29. 



The Railway Act . 



51 Vict. 



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. 



CALLS. 



Calls and 
notice there 
of. 



03. The directors may, from time to time, make such calls 
of money upon the respective shareholders, in respect of the 
amount of capital respectively subscribed or owing by them, 
as they deem necessary ; ajid at least thirty days' notice shall 
be given of each call, — and no call shall exceed the amount 
prescribed in the special Act, or be made at a less interval 
than two months from the previous call, — nor shall a greater 
amount be called in, in any one year, than the amount pre- 
More than one scribed in the special Act; but nothing herein contained 
shall prevent the directors from making more than one call 
by one resolution of the board : Provided, that 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. 



call by one 
resolution 

Proviso. 



Publication 
of notice of 
call. 



04. All notices of calls upon the shareholders of the com- 
pany shall be published as provided by section forty-one 
of this A ct, and a copy oJ the Gazette therein mentioned shall, 
on production thereof, be evidence of the sufficiency of such 
notice. 



Pavmeoi of 
cal 



ay me 
alls. 



Interest on 
OYerdue calls. 



Recovery by 
suit. 



65. Every shareholder shall be liable to pay the amount 
of the calls so made in respect of the shares held by him, to 
the persons and at the times and places, from time to time 
appointed by the company or the directors. 

•O. If, on or before the day appointed for payment of 
any call, any shareholder does not pay the amount of such 
call, he shall be liable to pay interest for the same, at the 
rate of six per centum per annum, from the day appointed 
for the payment thereof to the time of the actual payment. 

07. If, at the time appointed for the payment of any call, 
any shareholder fails to pay the amount of the call, he may 
be sued for the same in any court of competent jurisdiction, 
and the same shall be recoverable, with lawful interest from 
the day on which the call became payable. 

Whataiiega- 68. In any action or suit to recover any money due upon 
neccMTry in ^^7 ^^^^' ^* ^^^^'^ ^^* ^^ uecessary to set forth the special 
suite for calls, matter, but it shall be sufficient to declare that the defend- 
ant 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 such calls, whereby an action has accrued to tlje company. 

154 Digitized by C:l DIVIDENDS 



1888. The Raihpay Act. Chap. 29. 16 

DIVIDENDS AND INTEREST. 

69. At the annual meeting of the shareholders of the P-^^L*''*]'^'*^^ 
company, a dividend may be declared out of the net pro- 
fits of the undertaking. 

TO. Such dividend shall be at and after the rate of so Rateofdivi- 
much per share upon the several shares held by the share- ®*^ 
holders in the stock of the company, as such meeting thinks 
fit to appoint or determine. 

^ 71« No dividends shall be declared whereby the capital Dividend not 
of the company is in any degree reduced or impaired, or be ftoi^^lc!^*^*^' 
paid out of such capital, nor shall any dividend be 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 ; but the direc^tors may, in their discretion, until But interest 
the railway is completed and opened to the public, pay in- StTcertam* 
terest at any rate not exceeding six per centum per annum, sums. 
on all sums called up in respect of the shares, from the re- 
spective days on which the same have been paid ; and such 
interest shall accrue and be paid at such times and places 
as the directors appoint for that purpose. 

72. No interest shall accrue to any shareholder in respect ^arS^n®^*^" 
of any share upon which any call is in arrear, or in respect arrear. 
to any other share held by such shareholder while such call 
remains unpaid. 

SHARES. 

T8. Shares in the company may, by the holders thereof, fj.an"fe"eJ^^ 
be sold and transferred by instrument in writing, made in 
duplicate, — one part of which shall be delivered to the direct- 
ors, to be filed and kept for the use of the company, and 
an entry whereof shall be made in a book to be kept for that 
purpose ; and no interest or dividend on the shares trans- 
ferred shall be paid to the purchaser until such duplicate 
is so delivered, filed and entered. 

T4. 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 *^*°^ ^^' 
names and descriptions of the contracting parties as the case 
requires, that is to say : — 

1, 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. 1)., his heirs, executors, administrators and assigns 
{or successors and assigns, a& the case may be), subject to the 
same rules and orders and on the same conditions that I 
held the same immediately before the execution hereof. And 
I, the said 0. D., do hereby agree to accept of the said 

155 Digiti^srGoogle 



"IV Chap. 29. The Raihoay Act. 51 ViCT. 

share (or shares) subject to the same rules, orders and con- 
ditions. Witness our hands this day of in the 
year 18 
As to paid-up 2. In the casc of fully paid shares the transfer maybe 
^ ""^^" in such form as is i>rescribed by by-law of the company. 

Shares per- 75. The stock of the Company shall be personal property ; 

tyf&c^^^*^'^' b^^ ^^ shares shall be transferable until all previous calls 
thereon have been fully paid up, or until the said shares 
have been declared forfeited for the non-payment of calls 
thereon ; and no transfer of less than a whole share shall be 
valid. 

Tranamiflsiou TO. If any share in the capital stock of the company is 
thaaTy^frans- transmitted by the death, bankruptcy or last will, donation 
fer. or testament, or by the intestacy, of any shareholder, or by 

any lawful means other than the transfer hereinbefore men- 
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 
transmission, together with a duly certified copy or probate 
of such will, donation or testament, or sufficient extracts 
therefrom, and such other documents or proof as are neces- 
sary ; and without such proof the person to whom the share 
is so transmitted, as aforesaid, shall not 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. 

Company not TT. The comj^any shall not be bound to see to the execu- 
te tnist^&c. tionofany trust, whether express, implied or constructive, 
to which any share is subject ; and the receipt of the 
person in whose name any share stands in the books of the 
company, or if it stands in the name of more than one person 
the receipt of one of the persons named in the register of 
shareholders in respect thereof, shall, from time to time, be 
a sufficient discharge to the company for any dividend or 
other sum of money payable in respect of the share, notwith- 
standing any trust to which the share is then subject, 9,nd 
whether or not the company has had notice of the trust ; and 
the company shall not be bound to see to the application of 
the money paid upon such receipt. 

Certificate of T^. The certificate of proprietorship of any share shall be 
?hip to be' admittt^d in all courts as primd facie evidence of the title 
evidence. of any shareholder, his executors, administrators or assigns, 

or successors and assigns, as the case may be, to the share 

therein specified. 

Sale without TO. The want of such certificate shall not prevent the 
certi cate. holder of anv share from disposing thereof. 

156 »0. 



Digiti: 



zed by Google 



1888. The Railwar/ Art. Chap. 29. 18 

^O. Every person who neglects or refuses to pay a ratable Poiiiiity for 
share of the calls as aforesaid, for the space of two months cnii^.^ t^pay 
after the time appointed for the payment thereof, shall forfeit 
to the company, for the benefit thereof, his shares in the 
company, and all the profit and benefit thereof. 

Hl» No advantage shall be taken of the forfeiture unless Wbenoniy 
the shares are declared to be forfeited at a general meeting be^uken^ad-^ 
of the company, assembled at any time after such forfeiture vantage of. 
has been incurred. 

HfBm Every such forfeiture shall be an indemnification to Effect of for- 
and for every shareholder so forfeiting, against all actions, uabiiTty.* ^ 
suits or prosecutions whatsoever commenced or prosecuted 
for any breach of contract or other agreement between such 
shareholder and the other shareholders with regard to carry- 
ing on the undertaking. 



'o* 



^tl. The directors may sell, either by public auction or Forfeited 
private sale, and in such manner and on such terms as to ^^J^J^^maybe 
them seem meet, any shares so declared to be forfeited, or 
any unissued shares, or may pledge such shares for the pay- 
ment of loans or advances made or to be made thereon, or 
for the payment of any sums of money borrowed by or 
advanced to the company : Provided that authority for such J^^^^'j^^; ^"* 

1 i- ^u • p J.1 X 1 I. X- X • L thonty to bo 

purpose and lor the issue of the stock be nrst given at a obtained, 
special general meeting of the shareholders called for the 
I)urpose. 

H4. A cortiiicate of the treasurer of the company that the Certiticatcof 
forfeiture of the shares was declared, shall be sufficient evi- iKreviTence^ 
dence of the fact, and of their purclias(» bv tlie purchaser; of forfeiture 
and such certificate, with the receipt of tlio tivusurer for |"/,rdilser.'' ""' 
the price of such shares, shall constitute a good title to the 
shares ; and the certificate shall be, by the said treasurer, 
registered iii the name and with the place of abode and 
occupation of the purchaser, and shall be entered in the 
books required to be kept by the by-laws of the company ; 
and such purchaser shall thereupon be deemed the holder of 
such shares, and shall not be bound to see to the application 
of the purchase money, — and his title to such shares shall 
not be aftected by any irregularity in the proceedings in 
reference to such sale ; and any shareholder may purchase 
any shares so sold. 

S^* Any shareholder w^ho is willing to advance the amount interest on 
of his shares, or any part of the money due upon his shares aiUjuvce! 
beyond the sums actually called for, may pay the same to 
the company, — and upon th-^ principal moneys so paid in ad- 
A'ance, or so much thereof as, from time to time, exceeds 
the amount of the calls then made upon the shares in re- 
spect to which such advance is made, the company may pay 

157 DigitizJW^OOgle 



19 



Chap. 29. 



Uie Railway Act. 



61 Vict. 



Proriso. 



Liability of 
BharebolderB. 



Aliens to 
have equal 
righta. 



Record of 
sbareb^lderB. 



such interest, at the lawful rate of interest for the time 
being, as the shareholders, who pay such sum in advance, 
and the company agree upon ; but such interest shall not 
be paid out of the capital subscribed. 

86. Every shareholder shall be individually liable to the 
creditors of the company for the debts and liabilities of the 
company, to an amount equal to the amount unpaid on the 
stock held by him, and until the whole amount of his stock 
has been paid up ; but no such shareholder shall be liable to 
an action in respect of his said liability until an execution 
at the suit of the creditor against the company has been re- 
turned unsatisfied in whole or in part. 

ST. All shareholders in the company, whether British 
subjects or aliens, or resident in Canada or elsewhere, shall 
have equal rights to hold stock in the company and to vote 
on the same and shall be eligible to office in the company. 

SS. 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. 



LIMITATION OF TIME. 

Time for con- jijo, jf the construction of the railway is not commenced, 
limited. and fifteen per cent, on 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 railway is not finished and put in operation in seven 
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 uncom- 
pleted. 



Powers. 



To enter lands 
for surveys, 



To receive 
(grants of 
land, &c. 



GENERAL POWERS. 

©O. The company may. subject to the provisions in this 
and the special Act contained : — 

(a.) Enter into and upon any lands of Her Majesty without 
previous license therefor, or into and upon the lands of any 
person whomsoever, lying in the intended route or line of the 
railway ; 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 ; 

(6.) Eeceive, take and hold all voluntary grants and dona- 
tions of lands or other property or any bonus of money or 
debenture, or other benefit of any sort, made to it for the 
purpose of aiding in the construction, maintenance and ac- 
commodation of the railway ; but the same shall be held and 
used for the purpose of such grants or donations only ; 

158 (c.) 

Digitized by VjOOQIC 



1888. The Railway Act. Chap. 29. 20 

{c) Purchase, take and hold of and from any person, any to purchase 
lands or other property necessary for the construction, main- and sell land, 
tenance, accommodation and use of the railway, and also 
alienate, sell or dispose of so much thereof as is not neces- 
sary for the purposes of the railway ; 

(rf.) Make, carry or place the railway across or upon the To carry rail- 
lands of any person on the located line of the railway, or iln^*^'^°^^ 
within one mile thereof, or within such further distance 
from such line as is prescribed in the special Act; 

(e.) Fell or remove any trees which stand within six rods to fell trees. 
from either side of the railway or which are liable to fall 
across the railway track ; 

(/.) Cross, intersect, join and unite the railway with any To cross, &c.^ 
other railway at any point on its route, and upon the ^^^l '^*^^* 
lands of such other railway, with the necessary conveniences 
for the purposes of such connection ; 

(s^,) Make or construct in, upon, across, under or over any To make 
railway, tramway, river, stream, watercourse, canal or high- ^"j^*?^' ^^°" 
way which it intersects or touches, temporary or permanent ^^ ^* 
inclined planes, tunnels, embankments, aqueducts, bridges, 
roads, ways, passages, conduits, drains, piers, arches, cut- 
tings and fences ; 

(A.) Divert or alter, as well temporarily as permanently, T^o divert 
the course of any such river, stream, watercourse or high- ^ "*™^ 
way, or raise or sink the level thereof in order the more 
conveniently to carry the same over, under or by the side 
of the railway ; 

(i.) Make drains or conduits into, through or under any To make 
landB adjoining the railway, for the purpose of conveying ^Sts.^ ^^ ^^"" 
water from or to the railway ; 

(j) Divert or alter the position of any water-pipe, gas- To alter posi- 
pil>e, sewer or drain, or any telegraph, telephone or electric ^ater ^^^ 
light wire or pole ; &c. 

(k) Make, complete, alter and keep in repair the rail- Tomakeaud 
way, with one or more sets of rails or tracks, to be worked ™JJ!1^**'^ ™^^' 
by the force and power of steam or of electricity or of the 
atmosphere, or of animals, or by mechanical power, or by 
any combination of them ; 

(/.) Erect and maintain all necessary and convenient T^f/.^®* 
buildings, stations, depots, wharves and fixtures, and con- "^ ^°^^ 
struct, purchase and acquire stationary or locomotive engines 
and carriages, waggons, floats and other machinery neces- 
sary for the accommodation and use of the passengers, 
freight and business of the railway ; 

(m.) Construct or acquire electric telegraph and telephone Telegraph 
lines for the purposes of its undertaking ; »»<* telephone 

(».) Make branch railways, if required and provided for To^^'ake 
by this or the special Act, and manage the same, and for that braoch rail- 
purpose exercise all the powers, privileges and authorities ^*^® 
necessary therefor, in as full and ample a manner as for the 
railway ; ♦ 

159 (a) 



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21 



Chap. 29. 



The Railway Act. 



51 Vict. 



To convey 
persons and 
goods. 



To alter 
works. 



To do all 
things neces- 
sary. 

Company to 
restore 
stream, &c., 
to former, 
state. 



Compensa- 
tion for dam« 
Age done. 



(o.) Take, transport, carry and convey persons and goods 
on the railway, regulate the time and manner in which the 
same shall be transported, and the tolls and compensation 
to be paid therefor, and receive such tolls and compen- 
sation ; 

(p) From time to time alter, repair or discontinue the 
before mentioned works or any of them, and substitute others 
in their stead ; 

(q.) Do all other acts necessary for making, maintaining, 
altering or repairing, and using the railway. 

01. The company shall restore as nearly as possible to its 
former state any river, stream, watercourse, highway, water- 
pipe, gas-pipe, sewer or drain, or any telegraph, telephone or 
electric light wire or pole which it diverts or alters, or it shall 
put the same in such a state as not materially to impair its 
usefulness. 

02. The company shall, in the exercise of the powers by 
this or the special Act granted, do as little damage as pos- 
sible, and shall make full compensation, in the manner 
herein and in the special Act provided, to all parties inter- 
ested, for all damage by them sustained by reason of the 
exercise of such powers. 



POWER TO IJORROW MONEY. 



Issue of 
bonds, ^c, 
authorized. 



When they 
may be made 
payable. 



Disposal of 
bonds, kc. 



Amoi'.nt of 
i>on(i, Ac. 



0;5. The directors of the company, under the authority 
of the shareholders, to them given at any special general 
meeting, calL^d for the purpose in the manner provided by 
section forty-cue of this Act, at which meeting shareholders 
representing at least two-thirds in A^alue of the subscribed 
stock of th(^ comj)any, and who have paid all calls due 
thereon, are present in person or represented by proxy, may, 
subject to the provisions in this Act and the special Act 
contained, issue bonds, debentures or other securities signed 
by the president or other presiding officer and countersigned 
by the secretary, which counter-signature and the signa- 
ture to the coupons attached to the same may be engraved ; 
and such bonds, debentures or other securities may be 
made payable at such times and in such manner, and at 
such place or places in Canada or elsewhere, and may bear 
such rate of interest not exceeding six per cent, per annum, 
as the directors think proper : 

2. The directors may issue and sell or pledge all or any 
of the said bonds, debentures, or other securities, at the be«t 
price and upon the best terms and conditions which at the 
time they may be able to obtain, for the purpose of raising 
money for prosecuting the said undertaking : 

3. No such bond, debenture or other security shall be 
for a le%s sum than one hundred dollars : 

160 4. 



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1888. The Railway Act, Chap. 29. 22 

4. The power of issuing bonds conferred upon the com- Extent of 
pany hereby or under the special Act shall not be construed poweiT^^^ 
as being exhausted by such issue ; but such power may be ex- 
ercised, from time to time, upon the bonds constituting such 
issue being withdrawn or paid off and duly cancelled ; but no 
bonds or debentures shall be issued until twenty per centum 
of the cost has been actually expended on the work ; and 
the limit to the amount of bonds, debentures or other 
securities fixed in the special Act shall not be exceeded. 

04. The company may secure such bonds, debentures, or Mortgage 
other securities, by a mortgage deed creating such mort- ^j^da^lc?"'^ 
gages, charges and incumbrances upon the whole of such 
property, assets, rents and revenues of the company, present 
or future or both, as are described in the said deed ; but 
such rents and revenues shall be subject in the first instance Penalties and 
to the payment of any penalty imposed for non-compliance ^n'du'ufe^to 
with the requirements of this Act respecting returns to be be a first 
made to the Minister, and next to the payment of the work- ^*^*'"^^' 
ing expenditure oi the railway : 

2. By the said deed the company may grant to the holders Powers which 
of such bonds, debentures, or other securities, or the trustees ^*^y dSd!*^ 
named in such deed, all and every the powers, rights and 
remedies granted by this Act in respect of the said bonds, 
debentures, or other 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 VaiidUj of 
powers,* rights and remedies so provided for in such mort- ^*®^' 
gage deed shall be valid and binding and available to the 
said holders in manner and form as therein provided : 

8. Every such mortgage deed shall be deposited in the Deposit of 
office of the Secretary of State of Canada — of which deposit ^^^' 
notice shall be given by the company in the Canada Gazette. 

Wi. The bonds, debentures, or other securities, hereby Bonds, 4c., to 
authorized to be issued shall be taken and considered to be uluKfm^a" 
the first preferential claim and charge upon the company, the under- 
and the franchise, undertaking, tolls and income, rents and ^*^*'^fi?- 
revenues, and real and personal property thereof, at any time 
acquired, save and except as provided for in the next pre- 
ceding section : 

2. Each holder of the said bonds, debentures, or other se- Holder to 
curities, shall be deemed to be a mortgagee or incumbrancer gee? ™^^'^*' 
upon the said securities pro ratd with all the other holders ; 
and no proceedings authorized by law or by this Act shall 
be taken to enforce payment of the said bonds, debentures, 
or other securities, or of the interest thereon, except through 
the trustee or trustees appointed by or under such mortgage 
deed. 



VOL. I— 11 161 

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Chap 29. 



The Railway Act. 



51 Vict. 



Powers of fMI. If the company makes default iu paying the principal 

case"/ non- ^^ ^^ interest on any of the bonds, debentures or other se- 
payment. curities, hereby authorized, at the time when the same, by 
the terms of the bond, debenture, or other security, becomes 
due and payable, then at the next annual general meetings 
of the company, and at all subsequent meetings, all holders- 
of bonds, debentures or other securities, so being and re- 
maining in default shall, in respect thereof, have and jwssess 
the same rights and privileges and qualifications for being 
♦*lected 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 : 

2. The rights given by this section shall not be exercised 
by any such holder unless it is so provided by the mortgage 
deed, nor unless the bond, debenture or other 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 at- 

Registration, tempts to exercise the right of voting thereon ; and the com- 
pany shall be bound on demand to register such bonds, 
debentures or other securities, and thereafter any transfers 
thereof, in the same manner as shares or transfers of shares : 

3. The exercise of the rights given by this section shall 
not take away, limit or restrain any other of the rights or 
remedies to which the holders of the said bonds, debentures 
or other securites are entitled under the provisions of such 
mortgage deed. 



Riffhts of 
boiderB de- 
fioed. 



Certain rights 
not affected. 



Transfer of 
bonds, kc. 



9T. All bonds debentures or other securities hereby au- 
thorized may be made payable to bearer, and shall in that case 
be transferable by delivery, until registration thereof as 
hereinbefore provided, and while so registered they shall be 
transferable by written transfers, registered in the same 
manner as in the case of the transfer of shares. 



Promissory 9H» The oompauy may become party to promissory notes 
i88u?d?*^ ^ ^^^ ^^^^^ ^^ exchange for sums not less than one hundred 
dollars ; and every such note or bill made, drawn, accepted or 
indorsed by the president or vice-president of the company, 
or other oificer authorized by the by-laws of the company, 
and counter-signed by the secretary, shall be binding on the 
company ; and every such note or bill of exchange so made, 
drawn, accepted or indorsed, shall be presumed to have 
been made, drawn, accepted or indorsed with proper autho- 
rity until the contrary is shown ; and in no case shall it be 
necessary to have the seal of the company aflBixed to such 
promissory note or bill of exchange, nor shall the president 
or vice-president or secretary or other officer so authorized 
be individually responsible for the same, unless such pro- 
missory note or bill has been issued without proper authority ; 
but nothing in this section shall be construed to authorize 
the company to issue any note or bill payable to bearer, or 

162 intended 



No seal re- 
quired. 



Notes not to 
be payable to 
bearer. 



Digitized by 



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1888. The Railway Act. Chap. 29. 24 

intended to be circulated as money or as the note or bill of a 
bank. 

POWER TO TAKE OR USE LAND AND MATERIALS DEFINED AND 

LIMITED. 

OO. No company shall take possession of, use or occupy Aa to lands 
any lands vested in Her Majesty, without the consent of j^^.^*"^®^ 
the Governor in Council ; but with such consent, any such 
company may, upon such terms as the Governor in Council 
prescribes, take and appropriate, for the use of its railway 
and works, but not alienate, 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, 
as also so much of the public beach, or of the land covered 
with the waters of any lake, river, stream or canal, or of 
their respective beds, as is necessary for making and com- 
pleting and using its said railway and w^orks ; and whenever Landa vested 
any such lands are vested in Her Majesty for any special j^for'^Jj^i" 
purpose, or subject to any trust, the compensation money purposea. 
which the company pays therefor shall be held or applied 
by the Governor in Council for the like purpose or trust. 

100. "Whenever it is necessary for such company to oc- As to lands 
cupy any part of the lands belonging to Her Majesty ^ggj^^ ^^J^ 
reserved for naval or military purposes, it shall first apply naval pur- 
for and obtain the license and consent of Her Majesty, P®*®^- 
under the hand and seal of the Governor General, and 
having obtained such license and consent, it may, at any 

time or times, enter into and enjoy any of the said lands for 
the purposes of the railway ; but in the case of any such Consent of 
naval or military reserves, no such license or consent shall \P^^ •^' 
be given except upon a report first made thereupon by the ^" ^' 
naval or military authorities in which such lands are for 
the time being vested, approving of such license and con- 
sent being so given. 

101. No company shall take possession of or occupy As to Indian 
any portion of any Indian reserve or lands without the *° ^' 
consent of the Governor in Council ; and when, with such 
consent, any portion of any such reserve or lands is taken 
possession of, used or occupied by any company, or when 

the same is injuriously affected by the construction of any 
railway, compensation shall be made therefor, as in other 
cases. 

102. A company may, for the purpose of obtaining ^ ^^^^^^^^^l ^^ 
right of way over or through lands owned or occupied by panics, Ac". 
any other company, and for obtaining the use of the tracks, 
stations or station grounds of another company, or for 

the purpose of constructing and operating its railway, take 
possession of, use or occupy any lands belonging to any 

VOL. I— lU 168 O^^r\r\ci\o 

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Chap. CO. 



The Railway Act. 



51 Vict. 



Orders may 
be made in 
each case. 

Certain provi- 
sionstoapplj. 



Extent of land 
that may be 
taken. 



other railway company, with the 'approval of the Railway 
Committee, which approval such committee may give on 
any application of which such other company has, in the 
opinion of the committee, had reasonable notice. On any 
such application, the Railway Committee may make sucn 
orders and give such directions as to it appears just or in 
the public interest ; and all the provisions of the law at 
any time applicable to the taking of lands and their valuation 
and the compensation therefor, and appeals from awards 
thereon, shall apply to such lands. 

103. The lands which may be taken without the consent 
of the owner thereof shall not exi^eed thirty-three yards in 
breadth, but in places where the railway is raised more 
than five feet higher or cut more than five feet deeper than 
the surface of the line, or where oflFsets are established, or 
where stations, depots or fixtures are intended to be erected, 
or goods to be delivered, the lands which may be taken 
without the consent of the owner shall not be more than 
six hundred and fifty yards in length by one hundred yards 
in breadth, except where more ample space for the accom- 
modation of the public, or of the traffic on the railway, or 
for protection against snow drifts is required — in which 
cases such greater quantity of land or land covered with 
water may be taken, as the Minister authorizes. 

104. The places at which such extra breadth is to be taken 
shall be shown on the map or plan, so far as the same are 
then ascertained, but the fact of their not being so shown 
shall not prevent such extra breadth from being taken, 
if it is taken upon the line shown, or within one mile 
thereof, or within such further distance from such line as 
is prescribed in the special Act. 

Public beach, 105. The extent of the publ ic beach, or of the land covered 
*^' with the waters of any river or lake in Canada, takea for 

the railway, shall not exceed the quantity hereinbefore 

limited. 



Exception. 



Extra land to 
be shown on 
map or plan. 



Proceedings 
for obtaining 
extra land for 
certain pur- 
poses. 



Application 
to the Minis- 
ter. 



106. Whenever any company requires, at any place on 
the line of its railway, more ample space for the con- 
venient accommodation of the public or of the traffic on {he 
railway, or for protection against snow drifts, than it then 
possesses or can take without the consent of the owners 
thereof, the company may cause a map or plan and book of 
reference to be made of the additional lands required at such 
place for the purposes aforesaid. 

lOT. The company may transmit the map or plan and the 
book of reference to the Minister with an application, on 
behalf of the company, supported by affidavit, referring to 
such map or plan and book of reference and stating that 

164 Digitized by Vi Certain 



1888. Tlie Railwat/ Act. Chap. 29. 26 

certain lands shown therein are necessary for such pur- 
poses, and that no other land suitable for such purposes can 
be acquired at such place on reasonable terms and with less 
injury to private rights, and requesting the Minister to 
authorize the taking thereof for such purposes under this 
Act. 

lO^. At least ten days' notice of such application shall be Notice to 
given to the owner or possessor of such property ; and the crrtfficate to 
correctness of the map or plan and book of reference, and be transmit- 
the truth of the allegations in such application shall be{^p^^*°*'" 
certified by the president or one of the directors of the com- 
pany, and by its engineer, and such map or plan and book 
of reference and statement shall be made and transmitted 
to the Minister in duplicate. 

109. The Minister shall inquire into the correctness ^^°^^^J ™*^ 
of the map or plan and book of reference and the truth plksatioifaflei 
of the allegations of such application, and, if he is mq^iry. 
satisfied thereof, shall grant a certificate to that effect, and 
declaring it to be necessary in the public interest that the 
land shown on such map or plan and book of reference or 
any less quantity, should be acquired by the company ; and 
such certificate shall be annexed to one of the duplicates of 
the said map or plan and book of reference and statement, 
and the other duplicate shall remain at the department. 

no. A copy of the duplicate of such map or plan and J|j®p^"/®/j, 
book of reference and statement and of such certificate shall &|?^ ^ ^ *°' 
be deposited in the office of the registrar of deeds for the 
county or district in which the lands lie. 

111, Upon the granting of such certificate, and by virtue Powers of 
thereof, the company may, without the consent of the ihfgranting 
owners, take the land shown on such map or plan and book of certificate. 
of reference as required for such purposes ; and the com- 
pany and all persons who could not otherwise convey the 

same to the company, shall have, with respect to any such 
land, all the powers gi'anted by this Act to companies and 
persons who could not otherwise convey the same, wuth 
respect to lands.which may be taken without the consent of 
the owners thereof; and all the provisions of law at any 
time applicable to the taking of land by the company and 
its valuation and the compensation therefor shall apply to 
the lands mentioned in such certificate. 

112. The company, either for the purpose of constructing Lands mar be 
or repairing its railway, or for the purpose of carrying out coilstmciing 
the requirements of the Eailway Committee, or in the exer- or repairing 
cise of the^powers conferred upon it by the Railway Commit- '"a^^^^y- 
tee, may enter upon any land which is not more than two 
hundred yards distant from the centre of the located line of 



lt)5 Digitized. 



the gle 



27 Chap. 29, The Railway Act, 61 Vic^r. 

the railway, and may occupy the said laud as long as 
is necessary for the purposes aforesaid ; and all the provi- 
sions of law at any time applicable to the taking of land 
by the company, and its valuation, and the compensation 
therefor, shall apply to the case of any land so required ; 
Deposit in but before entering upon any land for the purposes afore- 
such case. said, the company shall, in case the consent of the owner 
is not obtained, pay into the office of one of the superior 
courts for the Province in which the land is situated, 
such sura, with interest thereon for six months, as is, after 
two clear days' notice to the owner of the land, or to the 
person empowered to convey the same, or interested therein, 
iixed by a judge of any one of such superior courts. 

Power to take IISI. Whenever stone, gravel, earth, sand or water 
^nstrucfticSi^. ^^ required for the construction or maintenance of any 
railway or any part thereof, the company may, if it 
cannot agree with the owner of the land on which the 
same are situated, for the purchase thereof, cause a land 
surveyor, duly licensed to act as such in the Province, 
district, or county or an engineer to make a map 
and description of the property so required, and it shall 
serve a copy thereof, with its notice of arbitration as 
in the case of acquiring the roadway ; and all the provi- 
sions of this Act respecting expropriation of lands shall apply 
to the subject matter of this section, and to the obtaining 
materials, as aforesaid ; and such proceedings may be had 
by the company, either for the right to the fee simple in the 
land from which the material is taken, or for the right to 
Notice in case take material for any time it thinks necetsary, — and the 
of arbitration ^Q^j^e of arbitration, if arbitration is resorted to, shall state 
the interest and powers required. 

Po^er to 114. Whenever any stone, gravel, earth, sand or water is 

^nduite,'&^' s^ taken at a distance from the lino of the railway, 
the company may lay down the necessary sidings, water 
pipes or conduits and tracks, over or through any lands 
intervening between the railway and the land on which 
such material or water is found, whatever is the distance, 
and all the provisions of this Act, except such as relate to 
the filing of plans and publication of notice, shall apply, 
and the powers thereby granted may be used and exercised 
to obtain the right of way from the railway to the land on 
which such materials are situated ; and such right may be 
acquired for a term of years or permanently, as the com- 
pany thinks proper; and the powers in this and the next 
Maintenance preceding Section contained may, at all times, be exercised 
railway**^ ^^ and used in all respects, after the railway is constructed, 
for the purpose of repairing and maintaining thp railway. 

If the whole 115. Whenever, for the purpose of procuring sufficient 
can°bo Vr!^ l^^d for stations or gravel pits, or for constructing, main- 

166 Digitized by C twining 



1888. The Raihraij Act. Chap. 29. 2i 

taining and using the railway, any land maybe taken under chased with 
the compulsory provisions of this Act, and by purchasing ^^^^^'^^^Je- 
the whole of any lot or parcel of land over which the rail- 
way is to run, or of which any part may be taken under the 
said provisions, the company can obtain the same at a more 
reasonable price or to sreater advantage than by purchasing 
ihe roadway line only, or only such part as aforesaid, the 
company may purchase, hold, use or enjoy the whole of 
such lot or parcel, and also the right of way thereto, if the 
same is separated from its railway, and may sell and convey 
the same, or any part thereof, from time to time, as it deems 
expedient ; but the compulsory provisions of this Act shall Compulsory 
not apply to the taking of any portion of such lot or parcel to appiy"?^ '^^ 
not necessary for the purposes aforesaid. 

116. Every company may, on and after the first day of Erection of 
November, in each year, enter into and upon any lands of ^^^^ ^^^^^ 
Her Majesty, or into and upon the lands of any person whom- 
soever, lying along the route or line of its railway, and may 

<jrect and maintain snow fences thereon, subject to the pay- 
ment of such land damages, if any, as are thereafter estab- 
lished, in the manner provided by law with respect to such 
railway, to have been actually suffered ; but every snow And removal 
fence so erected shall be removed on or before the first day ^^®^^^^- 
of April then next following. 

POWERS RESPECTING LOCATION OF LINE, DEVIATIONS AND 
CHANGES DEFINED AND LIMITED. 

117. No lateral deviation of more than one mile shall be Whatderia- 
made from the located line of the railway or from the places ^uowcd^^ ^ 
assigned thereto in the map or plan and book of refer- 
ence, or profiles, except in such instances as are provided 

for in the special Act. 

lis. The railway may be made, carried or placed across As to error ia 
or upon the lands of any person on the located line, or within ?*boo*k ^'^^ 
the distance from such line as aforesaid, although the name of "^ 
such person has not been entered in the book of reference, 
through error or any other cause, or although some other 
person is erroneously mentioned as the owner of or entitled 
to convey, or is interested in such lands. 

no. No company shall, without the authority of the Mines to bo 
Railway Committee, locate the line of its proposed rail- P'o^^^ted. 
way, or of any branch thereof, so as to obstruct or inter- 
fere with or injuriously affect the working of, or the access 
or adit to any mine then open or for opening which pre- 
parations are, at the time of such location, being lawfully 
and openly made. 

120. Any company, which desires at any time to change Change in 
ihe location of its line of railway in any particular part, for may^rmad*/ 

167 ^^^"^ the . 



29 



Chap. 29. 



Tlie Raihcay Act, 



61 Vict. 



the purpose of lesseuijig a curve, reducing a gradient or 
otherwise benefiting such line of railway, or for any other 
purpose of public advantage, may with the approval of the 
Railway Committee make such change ; and all the provi- 
sions of this Act shall refer as fully to the part of such line 
of railway so at any time changed or proposed to be changed. 
No change of as to the original line ; but no company shall extend its line 
terminas. ^f railway beyond the termini mentioned in the special Act. 



Power to con- 
struct branch 
lines for cer- 
tain parposep. 



Notice to te 
giTen. 



Map or plan, 
Ac. 



^ proval of 
Railway 
Committee. 



Limitation 
of time. 



POWER TO CONSTRrCT BRANCH LINES DEFINED AND 
LIMITED. 

121. Any company may, for the purpose of connecting any 
city, town, village, manufactory or mine, or any quarry of 
stone or slate, or any well or spring, with the main line of the 
railway of the company, or with any branch thereof, or 
with any railway worked or leased by the company, or for 
the purpose of giving increased facilities to business, or for the 
purpose of transporting the products of any such manufac- 
tory, mine, quarry, well or spring, build, make and construct, 
and work and use, sidings, switches or branch lines of rail- 
way, not exceeding in any one case six miles in length ; 
but such company shall not proceed to locate or build any 
branch line of more than one quarter of a mile in lengthy 
under this section, until public notice has been given, for 
six weeks, in some newspaper published in the county or 
counties through or in which such branch line is to be 
made, that it is the intention of the company to apply 
to the Railway Committee to sanction the building 
of such branch line, and the appropriation of the necessary 
lands for that purpose, under the compulsory powers vested 
in such company by this Act, or by any other Act in its- 
behalf; nor unless the company has, prior to the first pub- 
lication of such notice, deposited in the registrv office of any 
city, county or part of a county, in which the line or uny 
part thereof is to be confc^tructed, a map or plan and book 
of reference indicating the location of the line ; nor until 
the company has submitted the same to, and such map or 
plan and book of reference have been approved of by the 
llailw^ay Committee, after the expiration of the said notice ; 
and the order of the Railway Committee, approving such 
map or plan and book of reference shall limit the time, 
whi(*h shall not exceed two years from the date of such 
order, within which the company may construct such branch 
line. 



Powers as to 
such branch 
lines. 



122. Every such company may, for any such purpose, 
exercise all the powers given to it with respect to its main 
line, under this and the special Act ; and each and every 
provision of such Acts which is applicable to such extension 
shall extend and apply to every such siding, switch or 
branch line of railway. 

168 ^ PLANS. 

Digitized by VjOC 



1888. The Railway Act. Chap. 29. SO 

PLANS AND SURVEYS. 

123. Surveys and levels shall be made and taken of the Surveys and 
lands through which the railway is to pass, together with a ^^^ *' 
map or plan and profile thereof, and of its course and direc- ^^^ho^^of 
lion, and of the lands intended to be passed over and taken reference. 
therefor, as far as then ascertained ; and a book of reference 

for the railway shall also be made, in which shall be set 
forth;— 

(a.) A general description of the said lands ; 

[b] The names of the ow^ners and occupiers thereof, as far 
as they can be ascertained ; and — 

(c.) Everything necessary for the right understanding of 
such map or plan and profile. 

124. The map or plan and book of reference and profile JJctions^'and 
may be made of sections of the railway, and shall be to be deposit- 
deposited at the department. ^^• 

129. The map or plan and book of reference and profile To be ex- 
shall be examined and certified by the Minister or by the certifie/ana 
deputy, and a duplicate thereof, so examined and certified, popies depoa- 
shall be deposited at the department ; and the company 
shall deposit copies of such map or plan and book of 
reference and profile, or of such parts thereof as relate to 
each district or county through which the railway is to pass, 
in the ofiices of the registrars of deeds for such districts or 
counties respectively. 

126« Any person may resort to such copies, and make ex- Access to 
tracts therefrom or copies thereof, ns occasion requires, pay- ^^p*^*- 
ing to the registrar of deeds at the rate of ten cents for 
every hundred words. 

127. Such map or plan and book of reference and profile Certified 
so certified, or a true copy thereof, or an extract therefrom, evfdence. ^ 
certified by the Minister or his.deputy, or by any registrar of 

deeds, shall be evidence in any court of justice or else- 
where. 

128. Any omission, mis-statement or erroneous description Errors, how 
of such lands, or of the owners or occupiers thereof, in any ^^^ ^^ ' 
map or plan or book of reference, may, after ten days' notice 

has been given to the owners of such lands, be corrected by 
two justices, on application made to them for that purpose ; 
and if it appears to them that such omission, mis-statement 
or erroneous description arose from mistake, the justices 
shall certify the same accordingly. 

129. The certificate shall state the particulars of any such Ceitificate re- 
omission, and the manner thereof, and shall be deposited ta*°^ ^ ^^^* 
with the registrars of deeds of the districts or counties, re- 

169 spectivelyoogle 



31 



Chap. 29. 



Ihe Railway Act. 



51 Vict. 



spectively, in which such lands are situate, and shall be kept 
by them together with the other documents to which it 
relates ; and thereupon such map or plan, or book of reference, 
shall be deemed to be corrected according to such certificate ; 
and the company may make the railway in accordance with 
the certificate. 



Alteralions 
from original 
survey. 



130. If any alterations from the original plan or survey 
are intended to be made in the line or course of the railway, 
a map or plan and profile of such alterations on the same 
scale, and containing the same particulars as the original 
map or plan and profile, shall be deposited in the same 
manner as the original map or plan and profile, and copies 
of or extracts from such map or plan and profile, so far as 
they relate to the several districts or counties in or through 
which such alterations are intended to be made, shall be 
deposited with the registrars of deeds of such districts and 
counties. 



Works not to 131 • Until such original map or plan and book of refer- 
wiihTai^?^'^ ence, and profile or the map or plan and profile of the 
map, &c., are alterations, have been so deposited, the construction of the 
deposited. railway, or of the part thereof affected by the alterations, as 
the case may be, shall not be proceeded with. 



copies by 
registrars of 
<1eeds. 



i:i3. The registrars of deeds shall receive and retain the 
copies of the original maps or plans and books of reference 
and profiles, and copies of the maps or plans and profiles 
of alterations, and extracts thereof respectively, and shall 
permit all persons interested toinspectany of the documents 
aforesaid, and to make copies of and extracts from the same ; 
and every registrar of deeds who refuses so to do is liable, 
on summary conviction, for each offence to a penalty of four 
dollars. 



Copies cer- 
tified by 
registrar to 
be evidence. 



Map of the 
completed 
railway to be 
filed at the 
iiepartraent. 



Penalty for 
neglect. 



133* The copies of the maps or plans and books of refer- 
ence and profiles, or of any alterations or corrections thereof, 
or extracts therefrom, certified by the registrar of deeds, 
shall be received in all courts of justice and elsewhere 
as evidence of the contents thereof, and the registrar of 
deeds shall, when required so to do, give such certificate to 
any person interested. 

134. A map or plan and profile of the completed railway 
and of the land taken or obtained for the use thereof, shall, 
within six months after completion of the undertaking, be 
made and filed at the department, and maps or plans of the 
parts thereof, located in different districts and counties, shall 
be filed in the registry offices for the districts and counties 
in which such parts are respectively situate ; and every 
company which fails or neglects to file such maps or plans 
and profiles at the department or to file such maps or plans 

^'^^ Digitized by Google ^^ 



1388. Tlie Raihvaij Act. Chap. 20. 32 

in such registry offices within the said period, shall incur a 
penalty of two hundred dollars, and a like penalty for each 
and every month during which such failure or neghut 
continues. 

135. Every map or plan and profile shall be drawn on Scale and 
such a scale and on such paper as are, from time to time, p^p^*"- 
designated for that purpose by the Minister, and shall be 
certified and signed by the president or engineer of the 
company. 



LANDS AND THEIR VALUATION. 



1556* All tenants in tail or for life, greve^ de substitution, Conveyance 
guardians, curators, executors, administrators, trustees, and J^^J.® ^^°^" 
all persons whomsoever, not only for and on behalf of them- 
selves, their heirs and successors, but also for and on behalf 
of those whom they represent, whether infants, issue un- 
born, lunatics, idiots, /ernes-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. 

137. In all cases in which such persons have no right in Orderofjadge 
law to sell or convey the rights of property of the said land, ceruhi^ca^eg. 
such persons shall obtain, from a judge, after due notice to 

the persons interested, the right to sell the said land ; and 
the said judge shall give such orders as are necessary to 
secure the investment of the purchase money in such a 
manner as he deems necessary, in accordance with the law 
of the Province, to secure the interests of the owner of the 
said land. 

138. The powers herein conferred upon rectors in pos- Limitation of 
session of glebe lands in the Province of Ontario, ecclesias- ^Sn^'asea?*^' 
tical and other corporations, trustees of land for church or 

school purposes, executors appointed by wills under which 
they are not invested with any power over the real pro- 
perty of the testator, administrators of persons dying intes- 
tate, 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 a company. 

139. j\ny contract, agreement, sale, conveyance and as- Effect of sale 
surance so made hereunder shall be valid and effectual in uf^^gectioM. 
law, to all intents and purposes whatsoever, and shall vest 

in the company receiving the same, the fee simple in the 
lands in such deed described, freed and discharged from all 
trusts, restrictions and limitations whatsoever ; and the Seller indcm- 
person so conveying is hereby indemnified for what he does ^^ ® 
by virtue of or in pursuance of this Act. 

140. The company shall not be responsible for the dis- {^^JJ^^^^^^^il." 
position of any purchase money for lands taken by it for its cWe m<mey. 



171 P^^rpose^ooQlc 



63 (^hap. 29. The Raiiwaf/ Act. 51 ViCT- 

purposes, if paid to the owner of the laud or into court for 
his benefit. 

EflTectofcon- 141. Any contra(*t or acrreement made by any person 
before de*posit s^uthorized by this Act to convey lands, and made before 
of map, Ac. the deposit of the map or plan and book of reference, and 
before the setting out and ascertaining of the lands required 
lor the railway, shall be binding at the price agreed upon 
for the same lands, if they are afterwards so set out and 
ascertained within one year from the date of the contract or 
agreement, and although such land has, in the meantime, 
become the property of a third person ; and possession of 
the land may be taken and the agreement and price may 
be dealt with as if such price had been fixed by an award 
of arbitrators, as hereinafter provided, and the agreement 
shall be in the place of an award. 

Fixed rent 142. All persous who cannot, in common course of law, 

uponTn*ce7-^^ ®^^^ ^^ alienate any lands so set out and ascertained, ahall 
tain cases. agree upon a fixed annual rent as an equivalent, and not 
upon a principal sum, to be paid for the lands ; and if the 
amount of the rent is not fixed by voluntary agreement, or 
(compromise, it shall be fixed and all proceedings shall be 
regulated in the manner herein prescribed. 

Lien for the 143- For the payment of such annual rent and every 
ffereof!^ other annual rent agreed upon or ascertained, and to be 
paid for the purchase of any lands, or for any part of the 
purchase money of any lands, which the vendor agrees to- 
leave unpaid, the railway and the tolls thereon shall be 
liable and chargeable in preference to all other claims and 
demands thereon whatsoever, except as to the charges 
created by section ninety-four of this Act, upon the deed 
creating such charge and liability being duly registered in 
the registry office of the proper district, county or registra- 
tion division. 

After ten days 144. After the expiration of ten days from the deposit of 

I^iicaiiSn'to *^^ ^^P ^^ P^^^^ andbook of refen^nce in the office of the 

owner. registrar of deeds, and after notice thereof has been given 

in at least one newspaper, if there is 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 empowert»d to convey lands, or 

interested in lands which may suffer damage from the 

taking of materials or the exercise of any of the powers 

granted for the railway ; and, thereupon, agreements and 

contracts 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 

Arbitration shall be ascertained, as seems expedient to both parties ; and 

i»i««^n*^^ in case of disasrreement between them, or any of them, all 

1<2 ^ ^^ (^^-auestions 

Digitized by VjOIL. 



1888. The Railway Act. Chap. 29, 34 

questions which arise between them shall bj settled as 
hereinafter provided. 

145. The deposit of a map or plan and book of reference, Deposit to bo 
and the notice of such deposit, shall be deemed a general H^i^^^ 
notice to all the parties, of the lands which will be required 
for the railway and works ; and the date of such deposit 
shall be the dale with reference to which such compensa- 
tion or damasres shall be ascertained. 



■•s^ 



146- The notice served upon the party shall contain, — "^ot'ce to^tho 

(a.) A description of the lands to be taken, or of the llfhatu°8han 
powers intended to be exercised with regard to any lands, contain. 
and describing the lands ; 

(b.) A declaration of readiness to pay some certain sum or 
rent, as the case may be, as compensation lor such lands or 
for such damages ; 

(c.) The name of a person to be appointed as the arbitrator 
of the company, if its offer is not accepted. 

147. Such notice shall be accompanied by the certificate of Certificate of 
a sworn surveyor for the Province in which the lands are whatTt^shaU 
situated, or an engineer, who is a disinterested person and state. 
is not the arbitrator named in the notice, which certificate 
shall state, — 

(a.) That the land, if the notice relates to the taking of 
land shown on the said map or plan, is required for the 
railway, or is within the limits of deviation hereby allowed ; 

(6.) 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 damage aforesaid. 

lis. If the opposite party is absent from the district or Application 
county in which the lands lie, or is unknown, an applica- advertlae!^ ^^ 
tion for service by advertisement may be made to a judge, ment. 

149. The application for service by advertisement shall Certificate 
be accompanied by such certificate as aforesaid, and by an JJ accompany 
affidavit of some officer of the company that the opposite application. 
party is so absent, or that, after diligent inquiry, the person 
on whom the notice ought to be served cannot be ascer- 
tained ; and the judge shall order a notice as aforesaid, but Notice. 
without such certificate, to be inserted three times in the 
course of one month, in a newspaper published in the dis- 
trict or county, or if there is no newspaper published 
therein, then in a newspaper publi.shed in some adjacent 
district or county. 

I50. If, within ten days after the service of such notice, Part^notac- 
or within one month after the first publication thereof, the aXn°o^t Sj!?'' 
opposite party does not give notice to the company that he pointing arbi- 

173 accepts ''^*^'- gle 



85 



Chap. 29. 



The Railway Act, 



51 Vict. 



accepts the sum offered by it, or does not give notice to it 
of the name of a person whom he appoints as arbitrator, the 
judge shall, on the application of the company, appoint a 
person to be sole arbitrator for determining the compensa- 
tion to be paid as aforesaid. 



Appointmei 
of arbitrate 
by party and 
oirthi ' 



trator. 



151» If the opposite party, within the time aforesaid, 
gives notice to the company of the name of his arbitrator, 
rd'arbi- then the two arbitrators shall jointly appoint a third, or if 
they cannot agree upon a third, the judge shall, on the ap- 
plication of the party or the company, after notice of at least 
six clear days having been given to the other party, appoint 
a third arbitrator. 



Arbitrators to 1^2. The arbitrators, or the sole arbitrator, as the case 
be sworn. ^^^^ ^^^ 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 oflSce, and 
Their duties, shall proceed to ascertain such compensation in such way 
as they or he, or a majority of them, deem best ; and the 
award of such arbitrators, or of any two of them, or of the 
sole arbitrator, shall be final and conclusive except as here- 
inafter provided ; but no such award shall be made nor any 
official act be done by such majority, 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 meet- 
ing at which the third arbitrator was present had been 
adjourned ; and no notice to either of the parties shall be 
necessary, but each party shall be held sufficiently notified 
through the arbitrator appointed by him, or whose appoint- 
ment he required. 

158. The arbitrators, in deciding on such value or com- 
pensation, shall take into consideration the increased value 
that will be given to any lands 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 off" the increased value that 
will attach to the said lands or grounds, against the incon- 
venience, loss or damage that might be suffered or sustained 
by reason of the company taking possession of or using the 
said lands as aforesaid. 



Increased 
Talue of re- 
maining 
lands to be 
considered. 



Costs, by 
whom pay- 
able. 



Witnesses. 



15 !• If by an award of arbitrators 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 ; and in either case 
the amount of such costs, if not agreed upon, may be taxed 
by the judge. 

155. The arbitrators, or a majority of them, or the sole 
arbitrator, shall examine on oath or solemn affirmation the 

174 ^ pajrties, 

Digitized by VjOOVIC 



1888. The Railway Act Chap. 29. 39 

parties, or such witnesses as appear before them or him, and 
shall administer such oath or affirmation : 

2. The arbitrators shall take down the depositions of wit- Evidence to 
nesses in writing, and after making their award shall dS^J'fn writ- 
forthwith deliver or transmit by registered letter, at the ing. 
request of either party in writing the depositions, together 
with the exhibits referred to therein and all papers con- Transmission 
nected with the reference, except the award, to the clerk of ^ ^^^^^ 
a superior court in the province in which the lands are 
situated, to be filed with the records of the said court. 

156* A majority of the arbitrators, at the first meeting '^il?^^*^^*^^ 
after their appointment, or the sole arbitrator, shall fix autohe^made. 
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 been prolonged, either 
by the consent of the parties or by resolution of the arbi- 
trators, then the sum offered by the company, as aforesaid, 
shall be the compensation to be paid by the company. 

157. If the sole arbitrator appointed by the judge, or any Y*^£^^ ^^i 
arbitrator appointed by the two arbitrators, dies before the irbitrator! 
award has been made, or is disqualified, or refuses or fails how filled. 
to act within a reasonable time, then, in the case of the 
sole arbitrator, the judge, upon the application of either 
party, and upon being satisfied by affidavit or otherwise of 
such death, disqualification, refusal or failure, may appoint 
another arbitrator in the place of such sole arbitrator ; and 
in the case of any arbitrator appjointed by one of the parties, 
the company and party respectively may each appoint an 
arbitrator in the place of its or his arbitrator so deceased or 
not acting ; and in the case of the third arbitrator appointed 
by the two arbitrators, the provisions of section one hundred 
and fifty-one shall apply ; but no recommencement or repeti- No re-com- 
tion of the previous proceedings shall be required in any "roceedings^ 
case. 

15j^. In any case where the notice given improperly Company 
describes the land or material intended to be taken, or if the pa*yinen\* o\ °^ 
company decides not to take the land or material mentioned costs. 
in the notice, it may abandon the notice and all proceedings 
thereunder, but shall be liable to the person notified for all 
damages or costs incurred by him in consequence of such 
notice and abandonment — such costs to be taxed in the same 
manner as costs after an award ; and the company may New notice 
give to the same or any other person notice for other land °^">^^^' s^^*^" 
or material or for land or material otherwise described, not- 
withstanding the abandonment of the former notice. 

159. The person offered or appointed as valuator, or as valuator or 
sole arbitrator, shall not be disqualified because he is pro- J^^^^'^*.^^, ?^* 
fessionally employed by either party, or has previously uiUesf per- 

1^^ DilS'^^ogle 



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Chap. 29. 



The Railway Act. 



51 Vict. 



«oiiftiij inter- expressed ail opinion as to the amount of (compensation, 
*^*^ or because he is related or of kin to any shareholder of 

the company, if he is not himself personally interested in 
the amount of the compensation ; and no cause of disquali- 
fication shall be urged against any arbitrator appointed 
by the judge after his appointment, but the objection shall 
be made before the appointment, and its validity or in- 
validity shall be summarily determined by the judge. 



When dis- 
qualification 
must be 
urged. 



Award not 
Avoided for 
vrant of form 



Appeal to a 

fluplerior 

court. 



Practice and 
proceedings 
\n such case. 



Other reme- 
dies not 
affected. 



Upon pay- 
ment or ten- 
der of sum 



160. No cause of disqualification shall be urged against 
any arbitrator appointed by the company or by the oppo- 
site party after the appointment of a third arbitrator ; and 
the validity or invalidity of any cause of disqualification 
urged against any such arbitrator, before the appointment 
of a third arbitrator, shall be summarily determined by the 
judge, on the application of either party, after two clear 
days' notice to the other, and if the cause is determined to 
be valid the appointment shall be null and void, and the 
party offering the person so adjudged to be disqualified shall 
be held not to have appointed an arbitrator. 

lOl. No award shall be invalidated by reason of any 
. want of form or other technical objection, if the require- 
ments of this Act have been substantially complied with, 
and if the award states clearly the sum awarded, and the 
lan^s or other property, right or thing for which such sum 
is to be the compensation ; and the person to whom the sum 
is to be paid need not be named in the award : 

2. Whenever the award exceeds four hundred dollars, 
any party to the arbitration may within one month after 
receiving 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 superior court of the Province in which such lands 
are situate ; and upon the hearing of the appeal the court 
shall, if the same is a question of fact, decide the same upon 
the evidence taken before the arbitrators, as in a case of 
original jurisdiction : 

8. Upon such appeal the practice and proceedings shall 
be as nearly as may be the same as upon an appeal from the 
decision of an inferior court to the said court, subject to any 
general rules or orders from time to time made by the 
judges of the said superior court in respect to such appeals, 
which orders may, amongst other things, 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 
existing law or practice in any Province as to setting aside 
awards. 

162. Upon payment or legal tender of the compensation 
or annual rent, so awarded or agreed upon, to the person 



176 



^ entitled 

Digitized by V^jOC^ 



1888. The Railway Act, Chap. 29. 88 

entitled to receive the same, or upon the payment into court awarded pos- 
of the amount of such compensation, in the manner herein- ^^taken *^ 
after 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; and if any resistance or forcible opposition is Warrantor 
made by any person to its so doing, the judge may, on proof possession. 
to his satisfaction of such award or agreement, 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 ; and the 
sheriff or bailiff shall take with him sufficient assistance for 
such purpose, and shall put down such reyistance or oppo- 
sition, and put the company in possession. 

163. Such warrant may also be granted by the judge, Warrant of 
without such award or agreement, on affidavit to his satis- posseasion be* 
faction that the immediate possession of the lands, or of the °^ ^"^^^ ' 
power to do the thing mentioned in the notice, is necessary 
to carry on some part of the railway with which the com- 
pany is ready forthwith to proceed. 

164« The judge shall not grant any warrant under the On what coa* 
next preceding section unless ten days' previous notice of the'^^^J^J^^^- 
time and place when and where the application for such be granted, 
warrant is to be made has been served upon the owner of the 
land or the person empowered to convey the land, or inter- 
ested in the land sought to be taken,or which may suffer dam- 
age from the taking of materials sought to be taken, or the 
exercise of the powers sought to be exercised, or the doin^ of 
the thing sought to be done, by the company ; and unless Security to b« 
the company gives security to his satisfaction, by deposit in ^^^®°* 
a chartered bank, designated by him, to the credit of the 
company and such person or party jointly, of a sum larger 
than his estimate of the probable compensation, and not 
less than fifty per cent, above the amount mentioned in 
the notice served under section one hundred and forty-six. 

1«5. The costs of any such application to, and of any such Costa, 
hearing before the judge, shall be borne by the company, 
unless the compensation awarded is not more than the com- 
pany had offered to pay ; and no part of such deposit or of 
any interest thereon shall be repaid, or paid to such com- 
pany, or paid to such owner or party, without an order from Pymenton 
the judge, which he may make in accordance with the terms infyf^ ^^^^^ 
of the award. 

166. The compensation for any lands which may be Compensa- 
taken without the consent of the proprietor, shall stand in iiTh^piice of 
the stead of such lands ; and any claim to or incumbrance the land. 
upon the said lands, or any portion thereof, shall, as against . 

VOL. I— 12 177 Digitized byiSrtOOgle 



39 



Chap. 29. 



The Railway Act. 



51 Vict- 



the company, be converted into a claim to the compensation 
or to a like proportion thereof; and the company shall be 
responsible accordingly, whenever it has paid such compen- 
sation, or any part thereof, to a person not entitled to receive 
the same, saving always its recourse against such person. 

Payment of 167« If the company has reason to fear any claims or in- 
fnS^ourt^in* cumbijances, or if any person to whom the compensation or 
certain cases, annual rent, or any part thereof is payable, refuses to exe- 
cute the proper conveyance and guarantee, or if the person 
entitled to claim the same cannot be found, or is unknown 
to the company, or if, for any other reason, the company 
deems it advisable, the company may, if the lands are situ- 
ated elsewhere than in the Province of Quebec, pay such 
compensation into the office of the clerk or prothonotary of 
the court, with the interest thereon for six months, and may 
deliver to such clerk or prothonotary an authentic copy of 
the conveyance, or of the award or agreement, if there is no 
conveyance ; and such award or agreement shall thereafter 
be deemed to be the title of the company to the land there- 
in mentioned. 



Notice to be 
published. 



Glaims to be 
adjndicatcd 
upon. 



Distribution 
of compensa- 
tion. 



Costs. 



Interest. 



16^» A notice in such form and for such time as the 
court appoints, shall be inserted in a newspaper, if there is 
any, published in the county in which the lands are situated, 
or if there is no newspaper published in the county, then 
in the official Gazette of the Province, if any, and also 
in a newspaper published in the nearest county thereto 
in which a newspaper is published, which shall state that the 
title of the company, that is, the conveyance, agreement or 
award, is under this Act, and shall call upon all persons en- 
titled to the lands, or to any part thereof, or representing or 
being the husbands of any persons so entitled, to file their 
claims to the compensation, or any part thereof; and all such 
claims shall be received and adjudicated upon by the court, 
and the said proceedings shall forever bar all claims to the 
lands or any part thereof, including dower, as well as all 
mortgages or incumbrances upon the same ; and the court 
shall make such order for the distribution, payment or invest- 
ment of the compensation, and for the securing of the rights 
of all persons interested, as to right and justice and to law 
appertains. 

109. The costs of the proceedings, in whole or in part,, 
including the proper allowance to witnesses, shall be 
paid by the company, or by any other person, as the 
court orders ; and if such order of distribution is obtained 
in less than six months from the payment of the compen- 
sation into court, the court shall direct a proportionate part 
of the interest to be returned to the company, and if from 
any error, fault, or neglect of the company, it is not ob- 
tained until after the six months have expired, the court 

•\>7Q Digitized by VjOC fiV,ftll 



1Y8 



1888. The Railway Act. Chap. 29. 40 

shall order the company to pay to the proper claimants the 
interest for such further period as is right. 

170. If the lands so taken are situated in the Province of Proceedings 
Quebec, and if the company has reason to fear any claim, in?bePr^* 
mortgage, hypotheque or incumbrance, or if any person to viiice of Qne- 
whom the compensation or annual rent, or any part thereof, ^^' 

is payable, refuses to execute the proper conveyance and 
guarantee, or if the person entitled to claim the compensation 
or rent cannot be found, or is unknown to the company, or 
if, for any other reason, the company deems it advisable, the 
company may pay such compensation into the hands of the 
prothonotary of the Superior Court for the district in which 
the lands are situate, with the interest thereon for six months, '^ 
and may deliver to the said prothonotary an authentic copy 
of the conveyance, or of the award, if there is no conveyance ; 
and such award shall thereafter be deemed to be the title of o/^J^™*^^^'* 
the company to the lands therein mentioned, and proceedings ° 
shall thereupon be had for the confirmation of the title of ^^ 
the company, in like manner as in other cases of confirma- 
tion of title, — except that, in addition to the usual contents ^Pg^ch ^we*^^ 
of the notice, the prothonotary shall state that the title of 
the company (that is, the conveyance or award) is under this 
Act, and shall call upon all persons entitled to the lands, or 
any part thereof, or representing or being the husband of any 
person so entitled, to file their claims to the compensation, 
or any part thereof ; and all such claims shall be received 
and adjudicated upon by the court. 

171. Such judgment of confirmation shall forever bar all EflTect of con- 
claims to the land, or any part thereof, including dowser not ™* ^^°* 
yet open, as well as any mortgage, hypotheque or incum- 
brance upon the same ; and the court shall make such order Distribution 
for the distribution, payment or investment of the compen- tion!™^"^*' 
sation, and for the security of the rights of all persons inter- 
ested, as to right and justice and to law appertains. 

172* The costs of the proceedings, in whole or in part, Cosib. 
shall be paid by the company, or by any other person, as the 
court orders, and if judgment of confirmation is obtained in 
less than six months from the payment of the compensation interest. 
to the prothonotary, the court shall direct a proportionate 
part of the interest to be returned to the company ; and if, 
from any error, fault or neglect of the company, it is not 
obtained until after the six months have expired, the court 
shall order the company to pay the prothonotary the interest 
for such further period as is right. 

RAILWAY CROSSINGS AND JUNCTIONS. 

173« No company shall cross, intersect, join or unite its Crossingra, 
railway with any other railway without application to the fo^p^ov^aUf 
VOL. I — 12i 179 Railw^ay ^ 




41 Chap. 29. The Railway Act, 51 ViCT. 

Railway Railway Committee for approval of the place and mode of 
ommittee. crossing, intersection, junction or union proposed, — of which 
application ten days' notice in writing shall be given by 
the company to any other company affected, by sending the 
same, by mail or otherwise, to the address of the president, 
superintendent, general manager, managing director or 
secretary of such other company. 

Railway 17^. The Railway Committee may make such Orders and 

Committee giyg such directions respecting the proposed crossing, inter- 

reguiat?ons. section, junction or union, and the works to be executed 

and the measures to be taken by the respective companies, 

as to it appear necessary or exr)edient to secure the public 

safety. 

Necessary ap- ITS* The Railway Committee may, on the application of 
paratus may ^ny company whose railway, at rail level, crosses or is 

be ordered to jiiii' •! i>i.i_ j-x -i 

be adopted, crossed by the railway of any other company, direct such 
companies to adopt and put in use at such crossing, within 
a reasonable time, to be fixed by such committee, such an 
interlocking switch and signal system or device, as in the 
opinion of such committee renders it safe to permit engines 
and trains to pass over such crossing without being brought 
to a stop. 

Proportion of 176. The companies may agree with each other as to 
®^°8e8 to be the compensation to be paid by one to the other in respect 
company.*^ of any crossing, intersection, junction or union, or the pro- 
portion to be borne by each of the costs of executing any 
work or taking any measure, or the carrying out of any 
order of the Railway Committee ; but if they fail so to agree, 
the amount of such compensation, or the proportion of such 
costs so to be borne by each, shall be determined by the 
Railway Committee. 

intereection 177. Every railway company incorporated by any Act 
under^rovia- ^f ^^^ Legislature of any Province which crosses, intersects, 
ciai charters, joins or unites with any railway within the legislative 
authority of the Parliament of Canada, or which is crossed, or 
intersected by, or joined or united with any such railway 
shall, in respect of such crossing, intersection, junction and 
union, and all matters preliminary or incident thereto, be 
deemed to be, and be, within the legislative authority of 
the Parliament of Canada, and subject in respect thereof to 
the provisions of this Act. 

NAVIGABLE WATERS. 

Navigatioa 178. No company shall cause any obstruction in or im- 
peded. *"' P^d^"' the free navigation of any river, stream or canal, to or 
across or along which its railway is carried. 

^^^ Digitized by GoOg!?** 



less. 'llie Railway Act. Chap. 29. 42 

ITO. Whenever the railway is carried across any naviga- Bridges over 
ble river or canal, the company shall leave openings between ri^ersf &c. 
the abutments or piers of its bridge or viaduct over 
the same, and shall make such bridge or viaduct of such 
clear height above the surface of the water, or shall con- 
struct such drawbridge or swing bridge over the channel of 
the river, or over the whole width of the canal, and shall be 
subject to such regulations as to the opening of such swing 
bridge or draw bridge as the G-overnor in Council, from 
time to time, directs or makes. 

IMO* No company shall run its trains over any canal, or Bridges to be 
over the navigable channel of any river, without having *^^^^ 
first laid such proper flooring under and on both sides of 
its railway track over such canal or channel, as is deemed 
by the Minister sufficient to prevent anything falling from 
the railway into such canal or river, or upon the boats or 
vessels, or craft, or persons who navigate such canal or 
river. 

181. No company shall construct any wharf, bridge, Plana of 
pier or other work upon or over any navigable river, lake |!^"blap *^ ' 
or canal, or upon the beach or bed or lands covered with proved. 
the waters thereof, until it has first submitted the plan and 
proposed site of such work to the Railway Committee, and 

the same has been approved ; and no deviation from such 
approved site or plan shall be made without the consent of 
the committee. 

182. The Governor in Council may, upon the report of ^^ ^^g *f"^^^ f 
the Railway Committee, authorize or require any company bridge for 

to construct fixed and permanent bridges or swing, draw another. 
or movable bridges, or to substitute any of such bridges for 
existing bridges on the line of its railway, within such 
time as the Governor in Council directs ; and for every day Penalty for 
after the period so fixed during which the company fails Snce!^^™'* * 
to comply with the directions of the Governor in Council, 
it shall forfeit and pay to Her Majesty the sum of two 
hundred dollars ; and no company shall substitute any jj^^ ,^^^J^, 
swing, draw or movable bridge for any fixed or permanent suhstUutod^ 
bridge already built and constructed, without the previous without per- 
consent of the Railway Committee. niissiou. 

HIGHWAY CROSSINGS. 

IJ^3. The railway shall not be carried along an existing Railway not 
highway, but shall merely cross the same in the line ol the a^onVhigh-^ 
railway, unless leave therefor has been obtained from the way without' 
Railway Committee, and no obstruction of such highway ^ro^eraS- ""^ 
with the works shall be made without turning the high- thority. 
way so as to leave an open and good passage ibr carriages, 
and, on completion of the works^, replacing the highway ; 

181 Digitized b^@OOgle 



43 Chap. 29. The Railway Art. 51 ViCT. 



Penalty for aiid eviTy rompany which violates the provisious of this 
tkm^^*^^" section shall incur a penalty of not less than forty dollars 
for each such violation ; but, in either case, the rail itself, 
if it does not, when the works are completed, rise above 
or sink below the surface of the road more than one inch, 
shall not be deemed an obstruction. 

Variation \HA. Whenever any railway crosses any highway, with- 

on tbo^ieve"!^ out being carried over it by a bridge, or under it by a 
tunnel or bridge, 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 rails shall not, when the cross- 
ing is completed, rise above or sink below the level. of the 
highway more than one inch. 

Dimensions of 1M3. The Span of the arch of every bridge erected for 
Jghways^and carrying the railway over or across any highway shall, at 
inclination. ^\\ times, be and be continued of the open and clear breadth 
and space, 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 
of the highway passing under any such bridge shall not 
exceed one foot in twenty feet. 

Inclination of 186. The inclination of the ascent or descent, as the case 
crossTngs* tnay be, of any approach by which any roadway is carried 
over or under any railway or across it at rail level shall not 
be greater than one foot of rise or fall for every twenty feet 
of the horizontal length of such approach unless the 
Fence?. Railway Committee directs otherwise ; and a good and 

sufficient fence shall be made on each side of such approach, 
and of the bridge or passage connected w^ith it, — which fence 
shall be at least four feet in height from the surface of the 
Cost thereof approach, bridge or passage ; and, in respect to railways 
cas^s^^*^" which, on the nineteenth day of April, one thousand eight 
hundred and eighty-four, were under (construction or already 
constructed, the Railway Committee shall determine the pro- 
portion in which the cost of providing such fencing for such 
approach shall be borne by the company or municipality or 
person interested. 

Plan of cross- 187. Whenever any portion of a railway is constructed, 

way^on tie' or authorized or proposed to be constructed upon or along 

Je^^i.^obe or across any street or other public highw^ay at rail level or 

sn mi e . otherwise, the company, before constructing or using the 

same, or, in the case of rai]ways already constructed, within 

such time as the Railway Committee directs, shall submit a 

plan and profile of such portion of railway for the approval 

Powers of of the Railway Committee ; and the Railway Committee, if it 

mittee^in such appears to it expedient or necessary for the public safety, 

case. may, from time to time, wath the sanction of the Grovem- 

or in Council, authorize or require the company to 

1%'1 r^^^which 

Digitized by VjiJL, 



1888. The Railway Act. Chap. 29. 44 

which such railway belongs, within such time as the 
said committee directs, to protect such street or highway by 
a watchman or by a watchman and gates or other protection, 
— or to carry such street or highway either over or under 
the said railway by means of a bridge or arch, instead of 
crossing the same at rail level, — or to divert such street or 
highway either temporarily or permanently, — or to execute 
such other works and take such other measures as under 
the circumstances of the case appear to the Railway Com- 
mittee best adapted for removing or diminishing the danger 
arising from the then position of the railway ; and all the As to land re- 
provisions of law at any such time applicable to the taking ^"^^ * 
of land by such company, and to its valuation and convey- 
ance to the company, and to the compensation therefor, 
shall apply to the case of any land required for the proper 
carrying out of the requirements of the IJailway Committee 
under this section. 

\HH. The Eail way Committee may make such orders, and Railway 
give such directions respecting such works and the execu- may mal^^ 
tion thereof, and the apportionment of the costs thereof and reguiatioas. 
of any such measures of protection, between the said com- 
pany and any person interested therein, as appear to the 
Railway Committee just and reasonable. 

180. Every company shall incur a penalty of fifty dollars Penalty for 
for each and every day after the expiration of the date fixed °nJe*^^™^^^' 
by the Railway Committee for the execution of any such 
works during which such works remain uncompleted, and 
for each and every day after the date fixed by the Railway 
Committee for the taking of any measure for the protection 
of any such street or highway, or for removing or diminish- 
ing such danger as aforesaid, on which the company fails 
to take such measure : Provided however, that the Railway Time may be 
Committee may extend the time for the completion of the ®^^°^®^- 
said work upon proper cause shown. 

190. Signboards at every highway crossed at rail level Signboards 
by any railway, shall be erected and kept up at each cross- TvllJi^g7.^^ 
ing, and shall have the words "railway crossing" painted 

on each side of the signboard, in letters at least six inches 
in length, and in the Province of Quebec such words shall 
be painted in both the English and the French languages ; 
and every company which neglects to comply with thi* 
requirements of this section, shall incur a penalty not ex- 
ceeding forty dollars. 

FARM CROSSINGS. 

191. Every company shall make crossings for persons Farm cross- 
across whose lands the railway is carried, convenient and "^ss- 
proper for the crossing of the railway by farmers' imple- 
ments, carts and other vehicles. 

188 BRiDora^^^T^ 

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45 



Chap. 29. 



The Railway AvL 



51 Vict. 



BRIDGES — TUNxVELS. 



As to height 
of overhead 
bridges. 



No higher 
CArs to be 
used till 
bridge is 
raised. 



Bridge, Ac, 
to be raised 
when ro-con- 
stracted. 



And clear 
headway 
maintained 
thereafter. 



Exception. 



Penalty for 
non-compli- 



1 il2. Every bridge or other erection or structure or tunnel 
over or through or under which any railway passes, and 
every tunnel through which any railway passes, shall, at 
all times, be so maintained as to admit of an open and clear 
headway of at least seven feet between the top of the high- 
est 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 company, 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 ihe consent 
of the municipality or of the owner of such bridge or other 
erection, 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 : 

3. Whenever any bridge, erection, structure or tunnel 
is constructed over or on the line of a railway, or whenever 
it becomes necessary to reconstruct any bridge, erection, 
structure or tunnel already built over or on the line of a 
railway, or to make large repairs to the same, such bridge, 
erection, structure or tunnel, and the approaches thereto, if 
necessary, shall be constructed, reconstructed or repaired at 
the cost of the company, or of the municipality or other 
owner of the bridge, erection, structure or tunnel, as the 
case may be, and shall be so constructed and at all times 
maintained as 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 bottom of the lower beams, 
members or portions of that part of such bridge, erection, 
structure or tunnel which is over the railway : 

4. Such company shall thereafter, before using higher 
freight cars than those used on its railway at the time of 
the construction or reconstruction of, or large repairs to such 
bridge, erection, structure or tunnel, after having first ob- 
tained the consent of the municipality, or of the owner of 
such bridge, erection, structure or tunnel, raise the said 
bridge or other erectioii, structure or tunnel, and the ap- 
proaches 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 car then about to be used on the 
railway : 

5. The Governor in Council may exempt from the opera- 
tion of this section any briduo, erection, structure or tunnel 
which is upon any portion of any line of railway on all the 
cars of the trains running upon which air-brakes are used 
or otherwise : 

6. Every company shall incur a penalty not exceeding 
fifty dollars per day for every day of wilful neglect, omis- 
sion or refusal to obey the provisions of this section. 

184 198. 

Digitized by VjOOQIC 



1888. The Railway Act. Chap. 29. 4ft 

103* No company shall run its trains on any bridge When only 
unless snch bridge is constructed and maintained \vith safe- rLn ovc'^Y ^* 
guards approved by the Minister. This section shall not bridge. 
apply to any bridge already constructed,. until six months . 
after the passing of this Act. 

FENCES AND CATTLE-GUARDS. 

104. When a municipal corporation for any township Fences, cattle 
has been organized and the whole or any portion of such f^b^^^grected 
township hasi been surveyed and subdivided into lots for and main- 
settlement, fences shall be erected and maintained on each taJ'ied. 
side of the railway through such township, of the height 

and strength of an ordinary division fence, with openings 
or gates or bars or sliding or hurdle gates of sufficient width 
for the purposes thereof, with proper fastenings at farm cross- 
ings of the railway, and also cattle-guards at all highway 
crossings suitable and suflBcient to prevent cattle and other 
animals from getting on the railway : Provided always, AatoN.B., 
that in New Brunswick, Nova Scotia and Prince Edward p g»£*°*^ 
Island, wherever a county municipality has not been sub- 
divided into local municipalities, each improved or occupied 
lot of land shall be protected by fences, gates and cattle- 
guards, as in this section provided : 

2. A hurdle gate has proper fastenings if it is fifteen Faateninga at 
inches longer than the opening and is supported at each ""* ® ^**®^' 
end by two upright posts : 

3. TJntil such fences and cattle-guards are duly made and Liability of 
completed, and if after they are so made and completed they Sefenit!^ ^^ 
are not duly maintained, the company shall be liable for all 
damages done by its trains and engines to cattle, horses and 

other animals, not wrongfully on the i-ailway, and having 
got there in consequence of the omission to make, complete 
and maintain such fences and cattle-guards as aforesaid. 

105. If the land through or by which the railway passes J^^^^j^^ [1^^* 
is occupied at the time of the construction of the railway land is oc- 
opposite thereto, the company shall make such fences, gates copied. 
and cattle-guards as they lay their rails. 

190. After such fences, gates and guards have been duly When com- 
made and completed, and while they are duly maintained, emp^d from 
no such liability shall accrue for any such damages, unless liability. 
the same are caused wilfully or negligently by the company 
or by its employees. 

19T« At every public road crossing at rail level of Crossings to 
the railway, the crossing shall be sufficiently fenced on both ^^ ^^•'^^*^*^' 
sides so as to allow the safe passage of the trains. 

19^. The persons for whose use farm crossings are fur- ^/ggf^^^^fj™" 
nished, shall keep the gates at each side of the railway brkept 

185 Digi.ifiV>8ed <='°«§Ie 



47 Chap. 29. The Railwai/ Act. 51 ViCT. 

closed when not in use ; and no person, any of whose cattle 
are killed by any train owing to the non-observance of this 
section, shall have any right of action against any company 
in respect to the same being so killed. 

Penalty for 109. Every person who wilfully leaves any such gate 
o^pea."^ ^^^^^ open without some person being at or near it to prevent 
animals from passing through it on to the railway, or who 
takes down any part of a railway fence, or turns any horse, 
cattle or other animal upon or within the enclosure of such 
railway, is liable, on summary conviction, to a penalty of 
twenty dollars for each oflfence, and is also liable to the 
railway company for any damage to the property of the 
company or for which the company is responsible, by reason 
of such gate being so left open, or by reason of such fence 
Company not being SO taken down, or by the turning upon or within 
^l^y^^^^ the enclosure of such railway of any horse, cattle or other 
animal ; and no person, any of whose cattle are killed 
by any train owing to the non-observance of this section, 
shall have any right of action against any company in 
respect to the same being so killed. 

INSPECTION OF RAILWAY BEFORE OPENING. 

Notice to Rail- 200« No railway, or portion of any railway, shall be 

tee Wore"^^" opened for the public conveyance of passengers, until one 

railway is month after notice in writing of the intention to open the 

opened. game is given to the Minister by the company to 

which the railway belongs, and until ten days after notice in 

writing is given to the Minister by the company, 

of the time when the railway or portion of railway will be, 

in the opinion of the company, sufficiently completed for the 

safe conveyance of passengers, and ready for inspection. 

Penalty for 201. If any railway or portion of a railway is opened 
2nce^^™^*^" without such notices, the company to which such railway 
belongs shall forfeit to Her Majesty the sum of two hundred 
dollars for every day during which the same c<mtinues open, 
until the said notices have been duly given and have 
expired. 

Railway to be 303* The Minister, upon receiving such notification, shall 

inspected. direct one or more engineers to examine the railway proposed 

to be opened, and all bridges, culverts, tunnels, road crossings 

and other works and appliances connected therewith, and 

also all engines and other rolling stock intended to be used 

Postpone- thereon ; and if the inspecting engineer reports in writing 

iSgif rep^ortls *^ *^® Minister that, in his opinion, the opening 

unfa vo fable, of the same would be attended with danger to the public 

using the same, by reason of the incompleteness of the works 

or permanent way or of the insufficiency of the establish* 

ment for working such railway, together with the ground 

186 r> T of 

Digitized by VjOOQIC 



1888. Tlie Railway Act. Chap. 29. 48 

of such opinion, the Minister, with the sanction of 
the Governor in Council, — and so, from time to time, as 
often as such engineer, after further inspection thereof, 
reports to the like eflfect, — may order and direct the company 
to which the railway belongs, to postpone such opening for 
any time not exceeding one month at any one time, until it 
appears to the Minister that such opening may take place 
without danger to the public. 

205$. If any railway or any portion thoreof is opened P<^nft)ty for 
contrary to such order or direction of the Minister, ti'aryTcf order. 
the company to whom the railway belongs shall forfeit to 
Her Majesty the sum of two hundred dollars for every day 
during which the same continues opon contrary to such 
order or direction. 

204. No such order shall be binding upon the company Order not 
unless a copy of the report of the inspecting engineer on ^|j"^*^^^°^^j.^^" 
which the order is founded is delivered to the company with report. 
such order. 

INSPECTION OF RAILWAY OUT OF REPAIR. — REPAIRS. 

205* "Whenever the Minister receives information to Proceedings 
the eflFect that any bridge, culvert, viaduct, tunnel or ^^P^^^^^f**}' 

., _L* i» -1 • way IB out of 

any other portion ol any railway, or any engine, car or repair. 
carriage used or for use on any railway, is dangerous to the 
public using the same, from want of repair, insufficient or 
erroneous construction, or from any other cause, or when- 
ever circumstances arise which, in his opinion, render it 
expedient, he may direct one or more engineers to examine 
and inspect the railway or any portion thereof, or of the works 
connected therewith, or the engines and other rolling stock 
in use thereon, or any portion thereof, and, upon the report 
of the inspecting engineer, may condemn the railway, or any 
portion thereof, or any of the rolling stock or other appli- 
ances used thereon, and, with the approval of the Governor 
in Council, may require any change or alteration therein or 
in any part thereof, or the substitution of any new bridge, 
culvert, viaduct or tunnel, or of any material for the said 
railway; and thereupon the company to which such rail- Defects to be 
way belongs, or the company using, running or controlling ^^*^^ ^^°^ 
the same, shall, after notice thereof in writing, proceed to 
make good or remedy the defects in the said portions of 
the railway, or in the locomotive, car or carriage which has 
been so condemned, or shall make such change, alteration 
or substitution as has been required by the Minister. 

206. Whenever that portion of any railway which if rail way u 
crosses or is constructed upon or along any turnpike road, at a^c^^sUig, 
street or other public highway at rail level is out of repair, notice to be ' 
the chief officer of the municipality, or other local division, ^^^^^' 

187 he.vin6^^^rfTr> 

Digitized by ^OOv IC 



i 



49 



Chap. 29. 



Hie Rat I war/ Act. 



51 YiCT. 



Proceedings 
thereafter. 



having jurisdiction over such highway, may serve a notice 
upon the company in the usual manner, requiring the 
repair to be forthwith made ; and, if the company does not 
forthwith make the same, such officer may transmit a copy 
of the notice so served to the Minister ; and thereupon the 
Minister shall, with all possible despatch, appoint a day 
for an examination into the matter ; and shall, by mail, give 
notice to such chief officer and to the company of the day 
so fixed. 



Inspection 
and proceed- 
ings there- 
upon. 



207. Upon the day so named the said portion of the 
railway shall be examined by the engineer directed by the 
Minister to make such examination, and any certificate un- 
der his hand shall be final on the subject so in dispute 
between the parties ; and, if the inspecting engineer 
determines that any repairs are required, he shall specify 
the nature thereof in his certificate, and direct the com- 
pany to make the same; and the company shall thereupon, 
with all possible despatch, comply with the requirements 
of such certificate. 



Provision if 
the company 
makes de- 
fault. 



Regulation of 
speed of 
trains, &c. 



Penalty. 



208. In case of default, the proper authority in the 
municipality or other local division within whose jurisdic- 
tion the said portion of the railway is situate, may make 
such repairs, and may recover all costs, expenses and out- 
lays in the premises, by action against the company in any 
court of competent jurisdiction, as money paid to the com- 
pany's use ; but neither this section nor any proceeding 
had thereunder shall at all affect any liability otherwise 
attaching to such company in the premises. 

200* The Minister, or any inspecting engineer, may 
limit the number of times or rate of speed of running 
of trains or vehicles, upon any railway or portion of railway, 
until such alterations or repairs as he thinks sufficient havo 
been made, or until such time as he thinks prudent ; and 
the company owning, running or using such railway shall 
forthwith comply with any such order of the Minister 
or an inspecting engineer, upon notice thereof as afore- 
said ; and for every act of non-compliance therewith, such 
company shall forfeit to Her Majesty the sum of two 
thousand dollars. 



Running of 
trains may be 
prohibited in 
case of dan- 
ger. 



210. If, in the opinion of any inspecting engineer, it is 
dangerous for trains or vehicles to pass over any railway, 
or any portion thereof, until alterations, substitutions or 
repairs are made thereon, or that any particular car, carriage 
or locomotive should be run or used, the said engineer may 
forthwith forbid the running of any train or vehicle over 
such railway or portion of railway, or the running or using 
of any such car, carriage or locomotive, by delivering or 
causing to be delivered to the president, managing director 

188 or 



Digitized by 



Google 



18S8. The Railway Act. Chap. 29. 60 

or secretary or superintendent of the company owning, 
running or using such railway, or to any officer having the 
management or the control of the running of trains on such 
railway, a notice in writing to that effect with his reasons 
therefor, in which he shall distinctly point out the defects 
or the nature of the danger to be apprehended ; and for Penalty. 
every act of non-compliance therewith such company shall 
forfeit to Her Majesty the sum of two thousand dollars. 

2II« The inspecting engineer shall forthwith report Report and 
the same to the Minister w^ho, with the sanction of ^^^'^'^ *^^^^ 
the Governor in Council, may either confirm, modify or dis- 
allow the act or order of the inspecting engineer ; and notice 
of such confirmation, modification or disallowance shall be 
duly given to the company affected thereby. 

PROOF OF PROCEEDINGS AT MEETINGS — NOTICES. 

212* Copiesof the minutes of proceedings and resolutions Copies of 
of the shareholders of the company, at any annual or ™^'^'^^^^^^^^® 
special meeting, and of the minutes of proceedings and 
resolutions of the directors, at their meetings, extracted 
from the minute books kept by the secretary of the company, 
and by him certified to be true copies extracted from such 
minute books, shall be evidence of such proceedings and 
resolutions in any court. 

213* All notices given by the secretary of the company, Notice by aeo 
by order of the directors, shall be deemed notices by the ^^"^^ ^*^*^* 
directors and the company. 

BY-LAWS, RUIiES AND REGULATIONS. 

214. The company may, subject to the provisions and Company 
restTictions in this and in the special Act contained, make ^^^^^^l^^S 
by-laws, rules or regulations for the following purposes, tainpurpoBea. 
that is to say : — 

(a.) For regulating the mode by which, and the speed at Speed, 4c. 
which carriages using the railway are to be moved or 
propelled ; 

(6.) For regulating the hours of the arrival and departure Time. 
of any such carriages ; 

(c.) For regulating the loading or unloading of such Loads. 
carriages, and the weights which they are respectively to 
carry ; 

(rf.) For regulating the receipt and delivery of goods and Goods. 
other things which are to be conveyed upon such carriages ; 

(e) For preventing the smoking of tobacco, and the com- ^'"'^«nce3. 
mission of any other nuisance in or upon such carriages, or 
in any of the stations or premises occupied by the com- 
pany ; 

Digitized by LjOOQIC 



51 



Chap. 29. 



Uie Railway Act. 



51 Vict. 



Use of rail- 
way. 

Condact of 
officers, &c. 



(/".) For regulating the travelling upon, or the using or 
working of the railway ; 

(g) For regulating the conduct of the officers, servants 
and employees of the company ; and — 
Management. (ft,) For providing for the due management of the affairs 
of the company in all respects whatsoever. 



Penalty for 
violation of 
by-laws. 



215. The company may, for the better enforcing the 
observance of any such by-law, rule or regulation, thereby 
prescribe a penalty not exceeding forty dollars for any 
violation thereof. 



Form of by- 
laws. 



Sanction. 



210. All by-laws, rules and regulations of the company 
shall be reduced to writing, be signed by the chairman or 
person presiding at the meeting at which they are adopted, 
have affixed thereto the common seal of the company, and 
be kept in the office of the company. 



217. All such by-laws, rules and regulations shall be 
submitted from time to time to the Grovernor in Council for 
approval, and no such by-law, rule or regulation shall 
have any force or effect until it is approved by the Govern- 
or in Council. 



Publication. ^\H. A printed copy oi so much of any by-law, rule or 
regulation as affects any person other than the sharehold- 
ers, or the officers, servants or employees of the company, 
shall be openly affixed and kept affixed to a conspicuous 
part of every station belonging to the company, and so as 
to give public notice thereof to the persons interested 
therein or affected thereby ; and in the Province of Quebec 
such notice shall be published both in the English and 
French languages. 



P"^i>^ation 210. A printed copy of so much of any by-law, rule or 

affectin Jem- Order as relates to the conduct of or affects the officers, 

pioyees. servants or employees of the company, shall be given to 

every officer, servant and employee of the company thereby 

affected ; and in the Province of Quebec such notice shall 

be published both in the English and French languages. 

Who shall be 220* Such by-laws, rules and regulations, when so con- 
by^iatef ^'^^^ firmed, shall be binding upon and observed by all persons, 
and shall be sufficient to justify all persons acting there- 
under. 



Summary in- 
terference in 
certain cases 



231. If the violation or non-observance of any such by- 
law, rule or regulation is attended with danger or annoy- 
ance to the public, or hindrance to the company in the 
lawful use of the railway, the company may summarily 
interfere, to obviate or remove such danger, annoyance or 

190 hindrance. 

Digitized by CjOOQIC 



1888. The Railway Act Chap. 29. 52 

hindrance, and without prejudice to any penalty incurred 
by the violation of such by-law, rule or regulation. 

222* A copy of any by-law, rule or regulation certified Certified copy 
as correct by the president or secretary of the company, den^.^^^' 
shall be evidence thereof in any court. 

TOLLS. 

223. Subject to the provisions and restrictions in this Tolls, how 
and in the special Act contained, the company may, by by- ^^®^' 
laws, or the directors, if thereunto authorized by the by- 
laws, may, from time to time, fix and regulate the tolls to 
be demanded and taken for all passengers and goods trans- 
ported upon the railway, or in steam vessels belonging to 
the company. 

224* Such tolls may be fixed either for the whole or for No diacrimi- 
any particular portions of the railway ; but all such tolls ^^^ ^ ^ 
shall always, under the same circumstances, be charged 
equally to all persons, and at the same rate, whether per 
ton, per mile or otherwise, in respect of all passengers and 
goods and railway carriages of the same description, and 
conveyed or propelled by a like railway carriage or engine, 
passing only over the same portion of the line of railway ; 
and no reduction or advance in any such tolls shall be 
made, either directly or indirectly, in favor of or against 
any particular company or person travelling upon or using 
the railway. 

225. The tolls fixed for large quantities or long distances Special rates. 
may be proportionately less than the tolls fixed for small 
quantities or short distances, if such tolls are, under the 
same circumstances, charged equally to all persons ; but in 
respect of quantity no special toll or rate shall be given or 
fixed for any quantity less than one car load of at least ten 
tons. 

220. The company, in fixing or regulating the tolls to be Classification 
demanded and taken for the transportation of goods, shall,^ leigit. 
except in respect to through traffic to or from the United 
States, adopt and conform to any uniform classification of 
freight which the Governor in Council on the report of the 
Minister, from time to time, prescribes. 

227* No tolls shall be levied or taken until the by-law Toils to be 
fixing such tolls has been approved of by the Governor in Governor in 
Council, nor until after two weekly publications in the Council. 
Canada Oazetie of such by-law and of the Order in Coun- 
cil approving thereof ; nor shall any company levy or col- '^°^^" ^^\ ^^^'^ 
lect any money for services as a common carrier except sub- mon carrier". 
ject to the provisions of this Act. 

191 Digitized b?@feOgle 



53 



Chap. 29. 



Tlie Railway AcL 



51 Vict. 



Revision of 228. Every by-law fixing and regulating tolls shall be sub- 
toils*^ ^^^°^ j®^*^ to revision by the Grovernor in Council, from time to time, 
after approval thereof ; and after an Order in Council alter- 
ing the tolls fixed and regulated by any by-law, has been 
twice published in the Canada Gazette^ the tolls mentioned 
in such Order in Council shall be substituted for those men- 
tioned in the by-law, so long as the Order in Council 
remains unrevoked. 



Fractions, 
how esti- 
mated. 



229. In all cases, a fraction in the distance over which 
goods or passengers are transported on the railway shall be 
considered as a whole mile ; and for a fraction of a ton in 
the weight of any goods, a proportion of the tolls shall be 
demanded and taken, according to the number of quarters 
of a ton contained therein, and a fraction of a quarter of a 
ton shall be deemed and considered as a whole quarter 
of a ton. 



Tariff to be 230. The company shall, from time to time, cause to be 
poste up. printed and posted up in its offices, and in every place 
where the tolls are to be collected, in some conspicuous 
position, a printed board or paper, exhibiting all the rates of 
tolls payable, and particularizing the price or sum of money 
to be charged or taken for the carriage of any matter or 
thing. 

28i. Such tolls shall be paid to such persons and at such 
places, near to the railway, in such manner and under such 
regulations as the by-laws direct. 

382« No company, in fixing any toll or rate, shall, under 
like conditions and circumstances, make any unjust or 
partial discrimination between different localities ; but no 
discrimination between localities, which, by reason of oom- 
petition by water or railway, it is necessary to make to 
secure traffic, shall be deemed to be unjust or partial. 

2JI3. No company shall make or give any secret special 
toll, rate, rebate, drawback or concession to any person ; 
and every company shall, on the demand of any person, 
make known to him any special rate, rebate, drawback or 
concession given to any one. 

Enforcement 284« In case of denial or neglect of payment on 
tlifa?"'''**'^ demand of any such tolls, or any part thereof, the 
same shall be recoverable in any court of competent juris- 
diction ; or the agents or servants of the company may 
seize the goods for or in respect whereof such tolls are pay- 
able, and may detain the same until payment thereof, and 
in the meantime the said goods shall be at the risk of the 
owners thereof. 

192 28S. 



Tollfl, to 
whom pay- 
able. 



Discrimina- 
tien. 

When allow- 
able. 



Xo secret 
special rates 
to be given. 



Digitized by 



Google 



1888. The Railway Act, Chap. 29. 54 

235» If the tolls are not paid within six weeks, the com- f^uie of ^ocdt 
pany may sell the whole or any part of such goods, and p^,ymen^^ ^^ 
out of the money arising from such sale retain the tolls 
payable, and all reasonable charges and expenses of such 
seizure, detention and sale, and shall deliver the surplus, it' 
any, or such of the goods as remain unsold, to the person 
entitled thereto. 

JKiCJ* If any goods remain in the possession of the company Sale of un- 
unclaimed for the space of twelve months, the company may ™S^^^ 
thereafter, and on giving public notice thereof by advertise- 
ment, 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 auc^tion, at a 
time and place which shall be mentioned in such advertis^^- 
ment, and, out of the proceeds thereof, pay such tolls and all ;^yP!'^*^j?'^ 
reasonable charges for storing, advertising and selling suth ^ ^^°^*^^ ^" 

foods ; and the balance of the proceeds, if any, shall be 
ept by the company for a further period of three months, 
to be paid over to any person entitled thereto. 

237* In default of such balance being claimed before the Disposal of 
expiration of the period last aforesaid, the same shall be paid baUac?.^ 
over to the Minister of Finance and Receiver General for 
the public uses of Canada, until claimed by the person 
entitled thereto. 

TRAFFIC ARRANGEMENTS. 

33^. The directors of any company may, at any time, ArrMge- 
make and enter into any agreement or arrangement -with Serchang^ of 
any other company, either in Canada or elsewhere, for the traffic. 
regulation and interchange of traffic passing to and from 
the company's railways, and for the working of the traffi(i 
over the said railways respectively, or for either of those 
objects separately, — and for the division and apportion- 
ment of tolls, rates and charges in respect of such traffic, — 
and 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, for any 
term not exceeding twenty-one years, — and to provide, 
either by proxy or otherwise, for the appointment of a joint 
committee or committees for the better carrying into etfect 
any such agreement or arrangement, with such powers and 
functions as are considered necessary or expedient, — subiect Proviso: aato 
to the consent of two-thirds of the stockholders voting in ^^ 
person or by proxy, and also to the approval of the Governor 
in Council. 

239. Before such approval is given, notice of the appli- Notice of ap- 
cation therefor shall be published in the Canada Gazette for Spp?ovaL ^^ 
at least two months previously to the time therein named 



VOL. I — 13 193 Digitized by- 



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66 Chap. 29. The Railway Act. 61 ViCT- 

foT the making of such application ; and such notice shall 
state a time and place when the application is to be made, 
and that all persons interested may then and there appear 
and be heard on such application. 

Facilities to 240. Every company shall, according to its power, aflFord 
reiTOctof^ *" ^^ reasonable facilities to any other railway company for 
tra^c. ^ the receiving and forwarding and delivery of traffic upon 
and from the several railways belonging to or worked by 
such companies respectively, and for the return of carriages^ 
No undue ad- trucks and other vehicles ; and no such company shall 
vantage. make or give any undue or unreasonable preference or 
advantage to or in favor of any particular person or com- 
pany, or any particular description of traffic in any respect 
whatsoever, — nor shall any such company subject any parti- 
cular person or company, or any particular description of 
traffic to any undue or unreasonable prejudice or disadvan- 
As to con- tage in any respect whatsoever ; and every company which 
iinuouB lines j^gfi or works a railway which forms part of a continuous 
rai way. j^^^ ^^ railway, or which intersects any other railway, or 
which has any terminus, station or wharf near to any 
terminus, station or wharf of any other railway, shall afford 
all due and reasonable facilities for receiving and forwarding 
by its railway all the traffic arriving by such other rail- 
way, without any unreasonable delay, and without any 
such preference or advantage, or prejudice or disadvantage, 
as aforesaid, and so that no obstruction is offered to the 
public desirous of using such railway as a continuous line 
of communication, and so that all reasonable accommodation, 
by means of the railways of the several companies, is, at all 
Affreementi ti^i^Sj afforded to the public in that behalf; and any agree- 
in violation ment made between any two or more companies contrary 
^®»^' to this section shall be unlawful, and null and void. 

Penalty for 241. Every officer, servant or agent of any company, 
officer to'^re- having the superintendence of the traffic at any station or 
ceive and depot thereof, who refuses or neglects to receive, convey or 
convey goods, deliver at any station or depot of the company for which 
they are destined, any passenger, goods or thing, brought, 
conveyed or delivered to him or such company, for convey- 
ance over or along its railway from that of any other com- 
pany, intersecting or being near to such first mentioned 
railway, or who in any way wilfully violates the provisions 
of the next preceding section, and the company first men- 
tioned are, for each such refusal, neglect or offence severally 
liable, on summary conviction, to a penalty not exceeding^ 
fifty dollars over and above the actual damages sustained ; 
Recovery and which penalty shall be recoverable with costs, by the 
application, yajiyj^ay company or by any person aggrieved by such 
neglect or refusal, and such penalty shall belong to the 
said railway company, or other person so aggrieved. 

Digitized by VjOvJ^ IC 



1888. The Railway AcL Chap. 29. 6t> 

fMJt. Every company which grants any facilities to any Bq«ai f»ciiJ- 
incorporated express company or person shall grant equal c^^Sies^" 
facilities on equal terms and conditions to any other incor- *c. 
porated express company which demands the same. 

WORKING OF THE RAILWAY. 

243. Every railway company, which runs trains upon the Best appU- 
railway for the conveyance of passengers, shall provide and *°®®* ^^^ 



communica- 



cause to be used m and upon such trains such known appa- tion and for 
ratus and arrangements as best afford good and sufficient J^P^^^^ Y>e 
means of immediate communication between the conductors used. 
and the engine drivers of such trains while the trains are in 
motion, — and good and sufficient means of applying, by the 
power of the steam engine or otherwise, at the will of the 
engine driver or other person appointed to such duty, the 
brakes to the wheels of the locomotive or tender, or both, 
or of all or any of the cars or carriages composing the trains, 
and of disconnecting the locomotive, tender and cars or 
carriages from each other by any such power or means, — and 
also such apparatus and arrangements as best and most 
securely place and fix the seats or chairs in the cars or car- 
riages,— and shall alter such apparatus and arrangements or 
supply new apparatus and arrangements, from time to time, 
as the Railway Committee orders; and every railway com- Penalty for 
pany which fails to comply with any of the provisions of 2nee!^°'^*^^ 
this section, shall forfeit to Her Majesty a sum not exceed- 
ing two hundred dollars for every day during which such 
default continues, and shall, as well, be liable to pay to all Liability for 
such persons as are injured by reason of non-compliance ^*™*«®*' 
with these provisions, or to their representatives, such 
damages as they are legally entitled to, notwithstanding 
any agreement to the contrary with regard to any such 
I)erson. 

244. Every locomotive engine shall be furnished with a B«|j8 ^^^ 
bell, of at least thirty pounds weight, and with a steam ^ ^^^ ^' 
whistle. 

S845. No baggage, freight, merchandise or lumber cars Position of 
shall be placed in rear of the passenger cars. ^arr*^^^ 

240. All regular trains shall be started and run as near Trains to be 
as practicable at regular hours, fixed by public notice, and houre*^^^^*'^ 
shall furnish sufficient accommodation for the transporta- 
tion of all such passengers and goods as are within a reason- 
able time previously thereto offered for transportation at the 
place of starting, and at the junctions of other railways and 
at usual stopping places established for receiving and dis- 
charging way passengers and goods from the trains : 

2. Such passengers and goods shall be taken, transported Conveyance 
to and from, and discharged at such places, on the due pay- an^gooda^^*^* 
ment of the toll, freight or fare lawfully payable therefor: ^ j 

VOL. 1—18} 195 3).yV^OOgLe 



51 Chap. 29. The Railwatj Act. 51 YlCT. 

Ri^htof 3. Evory p.^rson agi^rieved by any nog-loot or refusal in 

of neglect °^^ the premises, shall have an action therefor against the com- 
pany, — from which action the company shall not be relieved 
by any notice, condition or declaration, if the damage arises 
from any negligence or omission of the company or of its 
servant. 

Servants to 247. Evcry servant of the company employed in a pas- 
wear badges, genger train or at a station for passengers, shall wear upon 
his hat or cap a badge, which shall indicate his office, and 
he shall not, without suc^h 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 i^as- 
senger or his baggage or property. 

Expulsion oi i54S. Every passenger who refuses to pay his fare may, 

fiwirT^^o^a^' ^^ ^^^ conductor of the train and the train servants of tlio 

^"^' company, be put out of the train, with his baggage, at any 

usual stopping place, or near any dwelling house, as the 

conductor elects, the conductor first stopping the train and 

using no unnecessary force. 

Injury to pas- 24iK No persou injured while on the platform of a car, 
fng^on plat-^* ^^ ^^ ^^^^ baiTgagc, wood or freight car, in violation of the 
form, Ac. printed regulations posted up at the time, shall have any 
claim in respect of the injury, if room inside of such pas- 
senger cars, sufficient for the proper accommodation of the 
passengers, was furnished at the time. 

Checks to be 250. Checks shall be affixed by an agent or servant to 

baggage! every parcel of baggage having a handle, loop or fixture of 

any kind thereupon, delivered to such agent or servant for 

transport, and a duplicate of such chec^k shall be given to 

the passenger delivering the same. 

penalty for t?51. If such check is refused on demand, the company 
affix^chec^k. ^^^^ P^Y *^ such passenger the sum of eight dollars, which 
shall be recoverable in a civil action ; and no fare or toll 
shall be collected or received from such passenger, and if 
he has paid his fare, the same shall be refunded by the con- 
ductor in charge of the train. 

Evidence of 3«S2. Any passenger who produces such check may him- 
va^ue ag- ^^^^ ^^ ^ witness in any action or suit brought by him 

against the company to prove